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2007-10-021 CITY OF OKEECHOBEE OCTOBER 2, 2007 CLOSED EXECUTIVE SESSION AND REGULAR CITYCOUNCIL MEETING I. CALL TO ORDER - Mayor: October 2, 2007, Closed Executive Session, 5:30 p.m. II. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE. 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 Gamiotea III. OPEN THE CLOSED EXECUTIVE SESSION - Mayor. A. Discussion to rescind the November 7, 2006 motion to adopt Ordinance No. 961 regarding Future Land Use Map Amendment Application No. 06-012-SSA, submitted by Frank Altobello, Trustee - City Attorney. SUMMARY OF COUNCIL ACTION PAGE 1 OF 8 Mayor Kirk called the Meeting to order at 5:30 p.m. noting that the purpose was to conduct a Closed Executive Session on October2, 2007 from 5:30 p.m. to 6:00 p.m. in order to review strategies with legal counsel to resolve pending litigation regarding the adoption of Ordinance No. 961 regarding Future Land Use Map Amendment Application No. 06-012-SSA, submitted by Frank Altobello, Trustee. Mayor Kirk requested City Clerk Gamiotea call the roll, for notation of the only persons allowed to be present, as advertised, during the Closed Executive Session: Present Present Present Present Present Present Present Present, and a Court Reporter (Amy J. Schreck of Atlantic Reporting) A MOTION WAS MADE BY COUNCIL MEMBER WATFORD AND SECONDED BY COUNCIL MEMBER MARKHAM TO OPEN THE CLOSED EXECUTIVE SESSION AT 5:31 P.M. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. As per Section 286.011(8)(c), Florida Statutes, Ms. Amy J. Schreck, RPR a certified court report with Atlantic Reporting took a transcript of the entire session. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporters' notes shall be fully transcribed and filed with the City Clerk within a reasonable time after the meeting. Once the litigation is finalized, the transcript can be opened as a public record. 1 OCTOBER 2, 2007 - REGULAR MEETING - PAGE 2 OF 8 IV. ADJOURN CLOSED EXECUTIVE SESSION - Mayor. V. CALL TO ORDER - Mayor: October 2, 2007, City Council Regular Meeting. VI. OPENING CEREMONIES: Invocation given by Pastor Duane Eatmon, Treasure Island Baptist; 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 VIII. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the September 19, 2007 Final Budget Hearing and the Regular Meeting. A MOTION WAS MADE BY COUNCIL MEMBER WATFORD AND SECONDED BY COUNCIL MEMBER MARKHAM TO ADJOURN THE CLOSED EXECUTIVE SESSION AT 6:02 P.M. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. (There was a brief recess to allow everyone to enter the Council Chambers for the regular meeting) Mayor Kirk called the October 2, 2007 Regular City Council Meeting to order at 6:07 p.m. In the absence of Reverend Eatmon, Youth Pastor Dawson of the First United Methodist Church gave the invocation; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Council Member C. Williams moved to dispense with the reading and approve the Summary of Council Action for the September 19, 2007 Final Budget Hearing and the Regular Meeting; seconded by Council Member L. Williams. There was no discussion on this item. OCTOBER 2, 2007 - REGULAR MEETING - PAGE 3 OF 8 0 VIII. MINUTES CONTINUED. A. Motion to dispense with the reading and approve the Summary of VOTE Council Action continued. KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. IX. AGENDA - Mayor. 11 " A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? agenda. There were none. X. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:09 P.M. A. 1. a) Motion to adopt proposed Ordinance No. 991 regarding Council Member Markham moved to adopt proposed Ordinance No. 991 regarding Comprehensive Plan Future Land Comprehensive Plan Future Land Use Map Amendment Application Use Map Amendment Application No. 07-010-SSA, submitted by Brad Goodbread on behalf of property owners G-4 No. 07-010-SSA, submitted by Brad Goodbread on behalf of Land & Cattle Co. and George A. Goodbread, changing Lots 1, 2, 3, and 4 of Block 2, Royal Oaks Addition from SF property owners G-4 Land & Cattle Co. and George A. Goodbread, to C; seconded by Council Member L. Williams. changing Lots 1, 21 3, and 4 of Block 2, Royal Oaks.Addition from Single Family (SF) to Commercial (C) - City Planning Consultant The Planning Board reviewed the application at their June 21, 2007 meeting and voted four to two that the application (Exhibit 1). was not consistent with the Comprehensive Plan. They are recommending the City Council deny the application. (At the August 7, 2007 meeting, the ordinance was read by title only; at the request of the applicant, Council members Markham and L. Mr. LaRue briefly reviewed the Planning Staff Report recommending denial based on the following: Williams made a motion and second to postpone the adoption of proposed Ordinance No. 991 to a date -certain date of October 2, 2007). 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 b) Public comments and discussion. 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. 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. e OCTOBER 2, 2007 - REGULAR MEETING - PAGE 4 OF 8 X. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.1. b) Public comments and discussion continued. 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 as the nearby properties are: to the North, South and West are Single Family Residential; to the East is Commercial. 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. The zoning to the North, South and West are RSF-1, and to the East is CHV. The existing land uses to the North, South and West are single family residences, to the East is vacant. D. Compliance with Specific Standards of the Plan. This request is not in compliance with the specific standards of the Plan. At the August 7, 2007 City Council meeting, the ordinance was read by title only; then, at the request of the applicant, Council Members Markham and L. Williams made a motion and second to postpone the adoption of Ordinance No. 991 to a date -certain date of October 2, 2007. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Mr. Brad Goodbread then requested to address the Council. Prior to the meeting, Mr. Goodbread spoke with Council Members Watford and Markham regarding this land use change. He submitted, in an effort to reassure the City that the property would only be used for parking, a Declaration of Convenants Conditions and Restrictions, recorded in the Official Records of Okeechobee County, Book 639, Pages 1675 to 1676. It declared that the above mentioned property would solely be used for parking and the City shall be considered a third parry beneficiary to this Declaration and have the right to enforce, all convenants and restrictions. The convenants and restrictions shall run with, and bind the Property, a period of twenty years. Thereafter, it will automatically be extended for additional periods of one year unless otherwise agreed to in writing by the then owner of the Property and the City. This Declaration will only be valid with the rezoning of the property to a commercial classification. Council Member Watford remarked that this is tough and he has struggled with this decision. He commended the applicant on his creativity of the Declaration of Convenants. However, it does solve the objection that the property is not compatible nor consistent with the Comprehensive Plan. Mr. LaRue was asked to weigh in on the Declaration and whether it would change any of the requirements to meet the consistency of the Comprehensive Plan. Mr. LaRue responded no, it did not. Mr. Watford also noted that should the Council allow the Declaration to justify the land use change, it would set a dangerous precedence. From this point on, anyone who could not meet the requirements to justify a land use change, could then just record a deed restriction on the property. Who then would enforce and police all the deed restrictions? X. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 1. b) Public comments and discussion continued. c) Vote on motion. B.1. a) Motion to adopt 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 of Block 2, Royal Oaks Addition from RSF-1 to CLT - City Planning Consultant (Exhibit 2). (At the August 7, 2007 meeting, the ordinance was read by title only,• at the request of the applicant, Council Members Markham and L. Williams made a motion and second to postpone the adoption of proposed Ordinance No. 993 to a date -certain date of October 2, 2007). b) Public comments and discussion c) Vote on motion. OCTOBER 2, 2007 - REGULAR MEETING - PAGE 5 OF 8 Council Member Markham remarked that there are a lot of properties that have deed restrictions now, that this is nothing new. The deed restriction gives control of the use, and a parking lot would be a nice alternative use for the property, rather than a concrete building. The time of use would be limited as well as the noise factor. He did not agree with all the reasons listed in the Planning Staff Report regarding the property being incompatible, due to its proximity of South Parrott Avenue and South 21It Street Intersection (Walmart). Council Member L. Williams commended the applicant regarding the deed restriction. It showed sincerity. This is not a cookie cutter situation and should be considered accordingly. She also noted that this area will be commercial, due to location with Walmart. Mayor Kirk stated his agreement with Council Member Watford. A commercial zoning should not be allowed in the area. In time he was sure it would be, but not yet. KIRK - NAY MARKHAM - YEA WATFORD - NAY C. WILLIAMS - NAY L. WILLIAMS - YEA MOTION DENIED. Council Member Markham moved to adopt 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 of Block 2, Royal Oaks Addition from RSF-1 to CLT; seconded by Council Member L. Williams. Mayor Kirk asked whether there were any questions or comments from the public. There were none. The Planning Board reviewed the rezoning at their June 21, 2007 meeting and voted five to one that the petition was not consistent with the Comprehensive Plan. They are recommending the City Council denythe rezoning. As noted, Planning Staff is also recommending denial. Based on the action above and Future Land Use Map not being changed, the Council could not allow the rezoning to be adopted as it would create inconsistency. VOTE KIRK - NAY MARKHAM - NAY WATFORD - NAY C. WILLIAMS - NAY L. WILLIAMS - NAY MOTION DENIED. 5 lk OCTOBER 2, 2007 - REGULAR MEETING - PAGE 6 OF8 CLOSE PUBLIC HEARING. 111 MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:43 P.M. XI. NEW BUSINESS. A. Motion to temporarily close a portion of Southwest 5th Avenue from Council Member Watford moved to temporarily close a portion of Southwest 5th Avenue from Southwest 6h Street to Southwest 61h Street to the South property line of Central the South property line of Central Elementary on October 18, 2007 from 4:00 p.m. to 8:30 p.m. for the Annual Fall Elementary on October 18, 2007 from 4:00 p.m. to 8:30 p.m. for the Festival; seconded by Council Member L. Williams. Annual Fall Festival - City Clerk (Exhibit 3). VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. B. Motion to temporarily close Southwest 3`d and 41h Streets between Council Member L. Williams moved to temporarily close Southwest V and 4th Streets between 5th and 6th Avenues 51h and 6th Avenues on October 31, 2007 from 7:00 a.m. to 11:00 on October 31, 2007 from 7:00 a.m. to 11:00 p.m., submitted by First Baptist Church for a community festival, "Heroes p.m., submitted by First Baptist Church for a community festival, of the Bible Unmasked"; seconded by Council Member C. Williams. "Heroes of the Bible Unmasked" - City Clerk (Exhibit 4). KIRK - YEA C. WILLIAMS - YEA MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. C. Motion to approve two foreclosure proceeding recommendations Council Member Watford moved to approve foreclosure proceedings on Code Enforcement Cases No. 07-026 and from the Code Enforcement Board - City Attorney (Exhibit 5). 111 07-014, as recommended by the Code Enforcement Board; seconded by Council Member Markham. Attorney Cook explained that the Code Enforcement keeps a running tabulation of those liens that are delinquent. These two are in excess of 90 days and there has been no attempt or effort by property owners to resolve the situation. Following a brief discussion, Council Member Watford moved to amend the motion on the floor to separate the Code Enforcement Cases to be addressed as individual motions; seconded by Council Member L. Williams. VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - NAY WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION TO AMEND CARRIED. OCTOBER 2, 2007 - REGULAR MEETING - PAGE 7 OF 8 7 XI. NEW BUSINESS CONTINUED. C. Motion to approve two foreclosure proceedings continued. C 11 Point of Clarification for Parliamentary Procedure, with the passing of the motion to amend, the Cases will now be considered in individual motions, therefore the original motion is now amended to address only Case No. 07-026. Mayor Kirk opened for discussion Case No. 07-026, Chad Jenkins and Adelin Hauser, 1104 Southeast 8th Drive. On September 11, 2007, the City Code Enforcement Board recommended that the City Council instruct Attorney Cook to begin foreclosure proceedings for this property. A $50.00 per day fine has been accruing for more than 90 days. Fire Chief Smith (and Senior Code Officer) presented background material on the violations. On February 6, 2007, a Code Officer spoke with Mr. Jenkins and informed him that the grass had to be mowed and the disabled vehicle had to be removed, per City Codes. On March 9, 2007, the property was inspected, a Notice of Violation was written due to its noncompliance and mailed on March 13, 2007. The Notice of Violation was received and signed for by Ross Enfinger on March 19, 2007. On March 20, 2007, a Notice to Appear before the Code Board was mailed, this notice was received and signed for by Eva Lilyn. The property was inspected, not found in compliance and photographed for evidence on March 19, April 3, and 9, 2007. Past written violations for the same property were noted as five for 2005, three for 2006 and one for 2007. VOTE ON ORIGINAL MOTION, AS AMENDED FOR CASE NO 07-026 KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION AS AMENDED CARRIED. Mayor Kirk opened for discussion Case No. 07-014, Okeechobee FL Properties, LLC, unplatted land, Parcel ID Number: 2-28-37-35-OA00-00017-0000, located between Walmart and Marvin Brantley property. Mr. William Hendry, Okeechobee County Circuit Judge Retired, addressed the Council regarding his interest is property, as he has title to a 70-foot wide easement along the North property line between Walmart and Brantley. The easement which is deeded to his property gives access to his five -acre parcel, located just East of the City Limits, and he does not want the title clouded with this foreclosure proceeding. Following a brief discussion between Attorney Cook and Chief Smith, it was suggested that Council delay foreclosure action until future research is completed on this parcel. Council Member Watford moved tO Dostpone foreclosure proceedings on Code Enforcement Case No. 07-014; seconded by Council Member Markham. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. OCTOBER 2, 2007 - REGULAR MEETING - PAGE 8 OF 8 XII. ADJOURN MEETING. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT7:10 P.M. The next Regular Meeting is scheduled for October 16, 2007. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: tr r Lane',Gamiotea, NC, City Clerk James E. Kirk, Mayor AFFIDAVIT OF PUBLISHER OKEECHOBEE TIMES 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a Notice of City Council Meeting PO #013510 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 09/26/2007 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. ,� A Jame&A. Hughes, Jr., (Publisher) Sworn to and subscribed before me this ." - ..U! :_ day of A. D. 2007 V (SEAL) Notary Public s 1kosealee, _ .Brennan - = ':`nrlunissi�n #DD318483 expires: tun 25, 2008 .- Bonded TI-1 Atlantic Bonding Co., Inc. -------- -------------------------------------------- CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee will meet in Regular Session on Tuesdays October 2, 2007 at 6:00 p.m at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida. The public is invited and encouraged to attend, For a copy of the agenda contact City Administration at (863) 763- 3372 x 212. I'LEASETAKE NOTICE AND BE AD- VISED that if any person desires to appeal my decision made by the City Council with respect to any matter considered at this meeting, such interested person will need a record of the pro- ceedings, and for such purpose may need to en- sure averbatim record of the proceedings is mode, which record includes the testimony and evidence upon which the appeal is to be based City Clerk media are used for the sole purpose of back-up for the Clerk's Office - In xcordmce with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing special aeconvttodation to participate in this proceeding - should contact Lane Garrumea, no later than two (2) working days prior to the proceeding at 963- 763-3372 x 214: if you are hearing or voice im- paired, call TDD 1-800-222-3448 (Voice) or I- 888-447-5620 (TTY). by: James E. Kirk, Mayor Lane Ganuotm CMC, City Clerk Publish: 09272007 Okeechobee Tomes -------------- I----.-_----- -- The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA BY OF CLOSED EXECUTIVE SESSION BY THE CITY COUNCIL, OKEECHOBEE, FLORIDA COUNTY OF OKEECHOBEE NOTICE IS HEREBY GIVEN that the Okeechobee City Council will meet in Closed Ex ecutive Session to discuss Ordinance No. 961, regarding Comprehensive Plan Fu Before the undersigned authority personally appeared cure Land Use Small Scale Map Amendment No. 06-012-SSA, submitted by Mi Judy Kasten, who on oath says she is publisher of the Okeechobee Frank Altobello, Trustee. News, a DAILY Newspaper pubiished at Okeechobee, in The proposed Executive Session will be held on Tuesdayy, October 2, 2007 at 5:3( p.m. or as soon thereafter as possible at City Hall, 55 SE 3rd Avenue, Counmi Okeechobee County, Flgrida; that the attached copy of advertise- Chambers Room 200. ment, being a ! G The discussion shall be confined to, settlemerd negotiation or strategies relaghg litigation filed by Keith Walppoole and Julian Huggins to the Department of Com nity, Affairs, Case No. 06-005020GM. The litigation is a Motion to Intervene chal. hinging the City's adoption of Ordinance No. 961, changing the future land usie designation from Residential Single Family to Residential Multi -Family on an on - platted 10 acre parcel of land located between Southwest 2nd and 6th Streets -- Parcel Identification No. 2-21-37-35-0A00-000g6-11000). Royal Professional Cuildings, Inc. was a contract vendee for the subject property, and has filed a Mo- lion to Intervene as the property owner. Notice is hereby given that the following will be in attendance: Mayor James E. Kirk, in the matter of Council Members Dowling R. Wadord, Jr., Lowry Markham, Clayton Williams; L Lydia Jean Williams, City Attorney John Cook, City Administrator Brian Whitehill %� c'I r C" i r! �( o �' ktG r f l L' L City Clerk Lane Gamiotea. ( r A court reporter will be present to record the session and the transcript shall bg, 5 ( made part of the public record upon conclusion of the litigation. By: Mayor James E. Kirk, as duly requested by City Attorney John R. Cook, Esquire; and allowed by Section 286.011, Florida Statutes. 240266 ON 9/26/07 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of �/, �zC , 2�CiC';' 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- CIA Sworn to and su'bscribe_d ore me this :- k 115 �•P¢Y g Janetta Thiboult day of C ';` rat , ' " A.D. 20 C t * �; Commission # DD505311 °T o Expires January 10, 2010 gin Troy fain insurance. inc 800.30.70+9 o blic, State of Florida at Large - - -- -- ------ Page -1- CITY OF OKEECHOBEE - October 2, 2007 - CLOSED EXECUTIVE SESSION AND REGULAR COUNCIL MEETING R CITY HANDWRITTEN MINUTES III CALL TO ORDER -Mayor: Kirk October 2 2007 Closed Executive Ses ion0cul / kQxd- 5:30 .m. - T MAYOR, COUNCIL AND STAFF ATTENDA -City Clerk. resent Absen Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. �- Council Member Clayton Williams. Council Member Lydia Jean Williams 4• City Administrator Brian Whitehall i/ City Attorney John R. Cook City Clerk Lane Gamiotea I� MAYOR KIRK OPENED THE CLOSED EXECUTIVE SESSION AT P.M. tin U NO: Discussion to rescind the November 7, 2006 motion to adopt Ordinance No. 961 regar m u ure Land Use Map Amendment Application NO.06-012-SSA, submitted by Frank Altobello, Trustee - City D% fiz, Attorney. LtJt C� 14 MAYOR KIRK ADJOURNED THE CLOSED EXECUTIVE SESSION AND OPENED THE REGULAR IOEETING AT {D : D P.M. CALL TO ORDER - Mayor. Kirk October 2 2007 Cit Council Regular Meetm . `. OPENING CEREMONIES: Invocation given by Reverend �— /rt� r" rcaci iro I�hr4 E 3,...�:_. Pledge of Allegiance led by Mavor MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson e Meant Page -2- VIII. MINUTES - City Clerk. k Council Member moved to dispense with the reading and approve Summary of Council Action for the September 19 2007 Final Budget Hearing and theRe ulhe Meeting; seconded by Council Member gar QTE KIRKY� NAY ABSTAIN ABSENT O VILLIAMS r✓ MARKHAM CZ WATFORDI. �► L'f WILLIAMS f! TION: DENIE CARRI IX. AGENDA - Mayor. As Requests for the addition, deferral or withdrawal of items on today's agenda. X MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT i0 • �I P.M. Ai 1 .a) Council Member moved to adopt proposed Ordinance No. 991 regarding Comprehensive Plan Future Land Use Map Amendment Application No. 07-010-SSA, submittedby Brad Goodbread on behalf of property owners G-4 Land .& Cattle Co. and George A. Good y changing Lots 1, 2, 3, and 4 of Block 2, Royal Oaks Addition from Single Family (SF) to Commercial (C) - City Planning Consultant (Exhibit 1); seconded by Council Member ber b Public comments and discussion. Qh e - At4he August 7, 2007 meeting, the ordinance was read by title only, at the request of the applicant, Ombers Markham and L. Williams made a motion and second to postpone the adoption fp Council finance No. 991 to a r date -certain date of October 2, 2007. p proposed T63s ordinance pertains to Comprehensive Plan Small Scale Future Land.Use Map Am endment NA. 07-010-SSA submitted by Brad Goodbread, on behalf of the property owners, G-4 Land & Cattle and tt Gorge A. Goodbread, for property located at 2104 Southwest 2nd Avenue. The request is to change he land . u$O designation from SF to C. Tie Planning Board reviewed the application at their June 21, 2007 meeting and voted four to application was not consistent with the Comprehensive Plan. They are recommending the City Council deny tf� application. y Mr. Brisson briefly reviewed the Planning Staff Report recommending denial based on the follo wing: A Consistency with the Land Use Categories and Plan Policies. The Comprehensive Plan requires the Ci(y 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 Crirkrmation which would cause City Staff to reconsider our original assessment for this property. Allowing mercial 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 laid Use Map as Single Family Residential and zoned RSF-1. The current existing uses on the property all (consistent and staff sees no new factual information to keep the property from remaining residential. Having a�40mmercial marketing desirability for this property is not a sufficient reason. B Concurrency of Adequate Public Facilities. As stated in the previous report, public facilities would be a?enable to the property. However, potential traffic impacts have.not been demonstrated. G' Compatibility with Adjacent and Nearby Land Uses. A Commercial Future Land Use category g ry on this p.9perty would not be compatible with the adjacent uses as the nearby properties are: to the North, South and IMpst are Single Family Residential; to the East is Commercial. Although the area to the West is Commercial Page -3- a it is still not good planning to allow the proposed commercial use as an accessory to another use across the street. The zoning to the North, South and West are RSF-1, and to st is to the North, South and West are single family residences, to the Et st she avacantHV. The existing land uses D. . Compliance with Specific Standards of the Plan. This request is not in compliance standards of the Plan. p ance with the specific r�G 00CL - _ - Gov � �,ce:c�a - e� (OSq P CA fv � ajo eta U CV co zL4 6L u . ukklvx ago dud nabla Al °per Q �� d , CC6 a j"DaOA Lit 101k) 1 bt,4 (()dy a4- _ Ai 74M ale_ PQQU 3 .. 8 � - old aj,- 0-C c) : Vote on motion. . VOTE YEA NAY AB STAIN ABSENT KIRK 1� C. WILLIAMS ✓ s, V MARKHAM WATFORD ��+CA-G!� (,� r L. WILLI �Ql �� MOTI DENI I t I � Page -4- �. 1. a) Council Member moved to adopt 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 of Block 2, Royal Oaks Additio om� SF-1 to CLT - City Planning Consultant (Exhibit 2); seconded by Council Member 13), Public comments and discussion. VOW. (At the August 7, 2007 meeting, the ordinance was read by title only; at the request of the applicant, Council MOmbers Markham and L. Williams made a motion and second to postpone the adoption of dkinance No. 993 to a date -certain date of October 2, 2007). propose d This ordinance changes the zoning district for Lots 1 through 4 of Block 2, Royal Oak Addition Subdivision, froam RSF-1 to CLT. The property is located at 2104 Southwest 2"d Ave and is approximately 0.650 c e. The petition was submitted by Brad Goodbread, on behalf of property owner(s) G4 Land & Cattle, ) Qeorge A. Goodbread. There were 22 notices sent to the surroundingroe owners. The propertyCo,o was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City �uncil public hearings. y The Planning Board reviewed the rezoning at their June 21, 2007 meeting and voted five to on peltition was not consistent with the Comprehensive Plan. They are recommending the City Council dent e r@zoning. ythe f MO. Brisson reviewed the Planning Staff Report recommending denial based on the following: 11i 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 pt0hibits encroachment into residential neighborhoods and if this request is allowed it would be seen as aIbwing commercial encroachment into this particular residential neighborhood with more intense commercial 2 nges to follow. a er &I2��� `�The proposed use being applied for is specifically authorized and s�velopment Regulations. This property is being proposed for a commeercial zoning district in the Land ecified under Section 90-252 of the Land Development code as a permitted use within the CLT Zoninlot. This is g District. Parking facilities are usually viewed as accessory uses to already established or proposed comm g uOes on a property. p commercial 3 ? The proposed use will not have an adverse affect on the public interest. The proposed parkinglot tF t applicant's requested CLT Zoning District could havea public interest in tt and Of Premature changes to commercial in an established residential neighborhood.he form 417he use is appropriate for the location proposed, is reasonably compatible with adjacent la ,Vd is not contrary or detrimental to urbanizing land use patterns. This commercial use is not a mouses, fob this residential location. It would not be compatible with the predominantly residential character of ate the neighborhood and would be detrimental to urbanizing land use patterns. S. The proposed use will not adversely affect property values or living conditions or be nt tp the improvement or development of adjacent property. A parking lot could adverse) affect property v�tues and/or living conditions in the area. But more importantly, the possible future uses of his property will pause a more serious situation for the neighborhood. Should the CLT zoning be allowed, the following CO. nmercial uses could be permitted on the property. Professional office, business office, medical office, retail Os(mre, retail service, personal service, craft studio. Special Exception uses which could be allowed on th perty are: restaurant, cafe, dry cleaner, laundry, private club, nightclub, business school radio,e ocable reception, transmission or operational facilities, commercial indoor recreation, commercial television g,prage or lot, taxistand, outdoor vehicle sales lot, house of worship, marina, dock, pier, enclosed storage, plublic facility or use, public utility, permitted uses in excess of 45 feet in height, one dwelling unit per commercial building, group home. g The proposed use can be suitably buffered from surrounding uses, so as to red nuisance or hazardreduce the impact to the nelahborhood. The use could he huffered from the surroundien 1jz,Of Page -5- 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. 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. 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, 1 Q. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 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. Aa�w , " Sso� Cf aprw Leuk4 'cod 4. PCCW-'-'Nov gas c) Vote on motion t&,4( " I ajetka VOTE YEA KIRK NAY ABSTAIN ABSENT v C. WILLIAMS v MARKHAM v WATFORD v L WILLIAM (/ MOTION• DENIE ARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 3 P.M. E& md( N WM - XI. A NEW BUSINESS. Page -6- Council Member LJUV moved to temporarily close a portion of Southwest Avenue from Southwest 6'h Street to the South property line of Central Elementary on October 18, 2007 from 4:00 p.m t 8:30 p.m. for the Annual Fall Festival - City Clerk (Exhibit 3); seconded by Council Member t55co Vol to on motion. V TE YEA NAY ABSTAIN ABSENT RK ✓ CMILLIAMS MARKHAM v TFORD WILLIAMS L _. TION: DENIED/(RRIED. g`. Council Member moved to temporarily close Southwest 3`� m between 51' and 6`h Avenues on October 31, 2007 from 7:00 a.m. to 11:00 p.m., submitted b Streets First Baptist Church for a community fes val, "Heroes of the Bible Unmasked" - City Clerk (Exhibit 4 seconded by Council Member ), Y. ice on motion )TE YEA NAY ABSTAIN ABSENT 3K WILLIAMS LOWUARE 4TFORD WILLIAMS v" )TILL: DENIE /CARRIED. Council Member moved to approve two foreclosure proceeding recommendations from the Code Enforcement Member tuber Board - City Attorney (Exhibit 5); seconded by Council ON q p v - p Propes-f-�;, Zw 4 Z) �S k a� � - 1. Am - Mo. . DW. , L(j)- YEA NAY ABSTAIN ABSENT 7�G. G�Lt,Q 6 l . /hohft -/-o be dead. IIED ARRIED. --4, ft pm&-o rh Q*4 &ntk4 -2�at,�.�- Nou,rnueh MAYOR KIRK ADJOURNED THE MEETING AT : 10 p.M. cucda {�� Lwa ,..� �k �Ma.QAo 6n Q�edtd p�au� r�ss ropa Oro rice -rid ex W� dz�tC�-aa� bL Page -1- CITY OF OKEECHOBEE - October 2, 2007 - CLOSED EXECUTIVE SESSION AND REGULAR CITY COUNCIL MEETING HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk October 2 2007 Closed Executive Session 5:30 p.m. II. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present er.ee.,+ 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 I III. MAYOR KIRK OPENED THE CLOSED EXECUTIVE SESSION AT P.M. A. Discussion to rescind the November 7, 2006 motion to adopt Ordinance No. 961 regarding Future Land Use Map Amendment Application NO, 06-012-SSA, submitted by Frank Altobello, Trustee - City Attorney. IV. MAYOR KIRK ADJOURNED THE CLOSED EXECUTIVE SESSION AND OPENED THE REGULAR MEETING AT 0 P.M. V. CALL TO ORDER - Mayor. Kirk, October 2 2007 City Council Regular Meeting. VI. OPENING CEREMONIES: Invocation iven b Reverend. n�i/AQTtV ' n Treasure Island Bartist Pledge of Allegiance led by Mayor. VII. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Ahsant Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson Si Page -2- Vill. MINUTES - City Clerk. A. Council Member_ moved to dispense with the reading and approve the Summary of Council Action for the September 19 2 7 Fi al Budget Hearing and the Regular Meeting; seconded by Council Member _ ee!_ xOTE YEA NAY ABSTAIN ABSENT �IRK P. WILLIAMS MARKHAM tfATFORD L WILLIAMS LOTION: DENIED ARRIED. 3 It AGENDA - Mayor. Requests for the addition, deferral or withdrawal of items on today's agenda. 1MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT P.M. Y! 1, 1 .a) Council Member moved to adopt proposed Ordinance No. 991 regarding Comprehensive Plan Future Land Use Map Amendment Application No. 07-010-SSA, submitted by d, Brad Goodbread on behalf of property owners G-4 Land & Cattle Co. and George A. Goodbread, changing Lots g g 1, 2 3, and 4 of Block 2, Royal Oaks Addition from Single Family (SF) to Commercial (C) - it anning Consultant (Exhibit 1); seconded by Council Member qPublic comments and discussion. the August 7, 2007 meeting, the ordinance was read by title only, at the request of the applicant, Council embers Markham and L. Williams made a motion and second to postpone the adoption of proposed dinance No. 991 to a date -certain date of October 2, 2007 is 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 owners, G-4 Land & Cattle Co. and ,orge A. Goodbread, for property located at 2104 Southwest 2nd Avenue. The request is to change the land designation from SF to C. Planning Board reviewed the application at their June 21, 2007 meeting and voted four to two that the lication was not consistent with the Comprehensive Plan. They are recommending the City Council deny application. Brisson briefly reviewed the Planning Staff Report recommending denial based on the following: Consistency with the Land Use Categories and Plan Policies. The Comprehensive Plan requires the ty to manage future growth and implement land development regulations which would protect the use and lue of private property from adverse impacts of development. The applicant has not submitted any new ormation which would cause City Staff to reconsider our original assessment for this property. Allowing a )mmercial Future Land Use on this property would be encouraging further commercial changes within a 3idential neighborhood. The proposed use would be inconsistent as this entire block is shown on the future id Use Map as Single Family Residential and zoned RSF-1. The current existing uses on the property are consistent and staff sees no new factual information to keep the property from remaining residential. Having :ommercial marketing desirability for this property is not a sufficient reason. Concurrency of Adequate Public Facilities. As stated in the previous report, public facilities would be ilable to the property. However, potential traffic impacts have not been demonstrated. Compatibility with Adjacent and Nearby Land Uses. A Commercial Future Land Use category on this perty would not be compatible with the adjacent uses as the nearby properties are: to the North, South and stare Single Family Residentialzto the East is Commercial. Although the area to the West is Commercial, Page -3- it is still not good planning to allow the proposed commercial use as an accessory to another use across the street. The zoning to the North, South and West are RSF-1, and to the East is CHV. The existing land uses to the North, South and West are single family residences, to the East is vacant. D. Compliance with Specific Standards of the Plan. This request is not in compliance with the specific standards of the Plan. 4�A"� 6L Z - c��v WZ& aw'2�j , f4l"" Lj�,r p,J fj c Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK Al C. WILLIAMS MARKHAM X- WATFORD L. WILLIAZIED MOTION: ARRIED. Q': let Page -4- B. 1. a) Council Member moved to adopt 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 of Block 2, Royal Oaks Addition f�m RSF-1 to CLT - City Planning Consultant (Exhibit 2); seconded by Council Member V/ /, I„_. . b) Public comments and discussion (At the August 7, 2007 meeting, the ordinance was read by title only, at the request of the applicant, Council Members Markham and L. Williams made a motion and second to postpone the adoption of proposed ftinance No. 993 to a date -certain date of October 2, 2007). This ordinance changes the zoning district for Lots 1 through 4 of Block 2, Royal Oak Addition Subdivision, ftom 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 George A. Goodbread. There were 22 notices sent to the surrounding property owners. The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings, fl e Planning Board reviewed the rezoning at their June 21, 2007 meeting and voted five to one that the petition was not consistent with the Comprehensive Plan. They are recommending the City Council denythe rezoning. Mt. Brisson reviewed the Planning Staff Report recommending denial based on the following: a. 1. The proposed use is not contrary to Comprehensive Plan requirements. The proposed commercial perking 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 seen as 011owing commercial encroachment into this particular residential neighborhood with more intense commercial changes to follow. t The proposed use being applied for is specifically authorized under the zoning district in the Land velopment Regulations. This property is being proposed for a commercial parking lot. This is not s ecified under Section 90-252 of the Land Development code as a permitted use within the CLT Zoning [ Istrict. Parking facilities are usually viewed as accessory uses to already established or proposed commercial u4es on a property. 11 3. The proposed use will not have an adverse affect on the public interest. The proposed parking lot and tyre applicant's requested CLT Zoning District could have an adverse effect on the public interest in the form premature changes to commercial in an established residential neighborhood. . The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, Od is not contrary or detrimental to urbanizing land use patterns. This commercial use is not appropriate i this residential location. It would not be compatible with the predominantly residential character of the 3ighborhood and would be detrimental to urbanizing land use patterns. The proposed use will not adversely affect property values or living conditions, or be a deterrent the improvement or development of adjacent property. A parking lot could adversely affect property clues and/or living conditions in the area. But more importantly, the possible future uses of this property will use a more serious situation for the neighborhood. Should the CLT zoning be allowed, the following mmercial uses could be permitted on the property. Professional office, business office, medical office, retail )re, retail service, personal service, craft studio. Special Exception uses which could be allowed on the )perty are: restaurant, cafe, dry cleaner, laundry, private club, nightclub, business school, radio, television cable reception, transmission or operational facilities, commercial indoor recreation, commercial parking rage or lot, taxistand, outdoor vehicle sales lot, house of worship, marina, dock, pier, enclosed storage, blic facility or use, public utility, permitted uses in excess of 45 feet in height, one dwelling unit per -nmercial building, group home. ta. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. The use could be buffered from the surroundina_uses. Page -5- 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. 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. 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. 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. Vote on motion. VOTE KIRK C. WIL MARK WATF1 L.' WIL MOTIC O-W MAYOR KIRK CLOSED THE PUBLIC HEARING AT p,M, 4• _MEWBMNESS.-- Page _6- A Council Member _ moved to temporarily close a portion of Southwest 5`h Avenue from Southwest 6'h Str t to the South_proerty line_4f Central_Elemen -Elementary -on _October 18, 2007 from zns=; e Annual Fall Festival - City Clerk (Exhibit 3); seconded by Council Mo_1 Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS -- MARKHAM _ WATFORD 1. WILLIAMS - MOTION: DENIED ARRIED. B• _ Council Member . tmoved to temporarit close S h re between 51h and 6`h Avenues on October 31, 2007 from 7:00 a m. to 11 Op.m submitted by t Fierst BaptistChurchfor a corfmiunity, festiv i; Heroes of the Bibfe Unmasked" City Cterk (EMI -bit 4) seconded by Council Member ( Vote on motion. -- VOTE YEA -NAY ABSTAIN A183 T KIRK C. WILLIAMS _ MARKHAM WATFORD _ L, WILLIAMS _ MOTION: DENIED/ RIED. _ C. Council Member � ____ moved to approve two foreclosure proceeding a.D recommen ati from he o- Enforcement Board - City Attorney (Exhi Member bit 5) seconded by Council C- - _ _ _ 0 _ Vbte on motion, VOTE YEA NAY ABSTAIN ABSENT _-_KIRK - - C, WILLIAMS_ MARKHAM _ WATFORD L. WILLIAMS MOTION: DENIED/CARRIED. XII. MAYOR KIRK ADJOURNED THE MEETING AT %lJ P.M. J CITY OF OKEECHOBEE OCTOBER 2, 2007 CLOSED EXECUTIVE SESSION AND REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 of 3 I. CALL TO ORDER - Mayor: October 2, 2007, Closed Executive Session, 5:30 p.m. II. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE. 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 Gamiotea III. OPEN THE CLOSED EXECUTIVE SESSION - Mayor. A. Discussion to rescind the November 7, 2006 motion to adopt Ordinance No. 961 regarding Future Land Use Map Amendment Application No. 06-012-SSA, submitted by Frank Altobello, Trustee - City Attorney. IV. ADJOURN CLOSED EXECUTIVE SESSION AND OPEN REGULAR MEETING - Mayor. V. CALL TO ORDER - Mayor: October 2, 2007, City Council Regular Meeting, VI. OPENING CEREMONIES: Invocation given by Pastor Duane Eatmon, Treasure Island Baptist; Pledge of Allegiance led by Mayor. October 2, 2007 PAGE 2 OF 3 M IX. X. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE. 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 Gamiotea Deputy Clerk Eddings Police Chief Davis Fire Chief Smith Public Works Director Robertson MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the September 19, 2007 Final Budget Hearing and the Regular Meeting. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to adopt 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) - City Planning Consultant (Exhibit 1). (At the August 7, 2007 meeting, the ordinance was read by title only; at the request of the applicant, Council Members Markham and L. Williams made a motion and second to postpone the adoption of proposed Ordinance No. 991 to a date -certain date of October 2, 2007). b) Public comments and discussion. c) Vote on motion. October 2, 2007 PAGE 3 of 3 X. PUBIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1.a) Motion to adopt 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 of Block 2, Royal Oaks Addition from RSF-1 to CLT - City Planning Consultant (Exhibit 2). (At the August 7, 2007 meeting, the ordinance was read by title only; at the request of the applicant, Council Members Markham and L. Williams made a motion and second to postpone the adoption of proposed Ordinance No. 993 to a date -certain date of October 2, 2007). b) Public discussion and comments. c) Vote on motion. CLOSE PUBLIC HEARING. XI. NEW BUSINESS. A. Motion to temporarily close a portion of Southwest 5th Avenue from Southwest 6th Street to the South property line of Central Elementary on October 18, 2007 from 4:00 p.m. to 8:30 p.m. for the Annual Fall Festival - City Clerk (Exhibit 3). B. Motion to temporarily close Southwest 3"and 4th Streets between 5th and 61h Avenues on October 31, 2007 from 7:00 a.m, to 11:00 p.m., submitted by First Baptist Church for a community festival, "Heroes of the Bible Unmasked" - City Clerk (Exhibit 4), C. Motion to approve two foreclosure proceeding recommendations from the Code Enforcement Board - City Attorney (Exhibit 5). XII. 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. OCT 2 AGENDA - FINAL PH - EXHIBIT NO. 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 2"d day of October, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 2"d day of October, 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 JUNE 21, 2007 PLANNING OF ADJUSTMENT AND APPEALS - PAGE 2 OF 8 IV, AGENDA -Chairperson, Requests for the addition, deferral or withdrawal of items on today's agenda. V, OPEN PUBLIC HEARING - Chairperson, 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 McBrayer and 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 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 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 2"d 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, Chairpersa Ledferd asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? Secreta,, Clement read a memorandum from Southeast Contractors requesting Application No. 07-004-SSA and Petition No;'07-003-R be deferred fo review of Mixed Land Use and Planned Unit Development (PUD) Zoning. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:00 P. M. Consider Co reprehensive Plan Small Scale Future Land Use Map Amendment Application No, 07.004-SSA, submitted try Warren Snyder �•esdent of Southeast Contractors & Engineer, Inc. on behalf of property owners Donald McBrayer and Marty Stevens. The applicat ," s !c change the Future Land Use designation from Single Family (SF) to Multi -Family (MF) for property located at 1926 Southeas* 9 - Avenue. Legal description; a parcel of land lying in and comprising of a portion of Section 27, Township 37 S.outh, Range,_. 35 Eas 0''leec^obee County, Florida and is approximately 19.1 acre(s). Soutr,eas! (,r `tractors submitted a memorandum requesting deferral, f1 t; fq Consice ," ) rohensive Plan Small Scale Future Land Use Map Amendment Application No. 07-009-SSA, submitted by V ki Aaron on behal e' property owner Mauro Tovar, The application is to change the Future Land Use designation from Single Fa y (SF) to Commer- a (C; for property located at 701 Northeast 3rd Street. Legal description, Lots 7 through 12, Block 116, Okeechobee, accord no �o me plat thereof, recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, and is approximately 1.03 acreis'i. Board Member Burroughs moved to postpone Application No, 07-009•SSA to check with City AttomeyCook.on.letterprevioi issued to the pnor 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, Conside, 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 Usedes�gnarion iromSingle Family (SF) to Commercial (0) for property located at 2104 Southwest'2"d Avenue. Legal description: Lots 1, 2, 3 arc 4, Block 2, Royal Oaks Addition, according to the plat thereof, recorded in Plat Book 1, Page 8, Public Records of Okeechooee County, Florida, and is approximately0.650 aWd(s ). r: [T i. y; ;.r• x: JUNE 21. 2007 PLANNING BOARD/BOARD OF PAGE 3 OF 8 V. PUBLIC HEARING CONTINUED, C. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No, 07.010-SSA continued. Mr. Bnssc, " aor ng Consultant stated granting this land use change would not be compatible with the surrounding neighborhood. The exist-' "re Land Use categories, the existing Zoning Districts, and the existing uses of the surrounding area (north, south and west) are ai, ; , ,npatible with each other. If granted, the commercial use would be incompatible with the adjacent uses and ilitroduces the opporv� — future requests for conversion from Residential to Commercial on nearby properties. Based on this information, LaRue p'ar Sta't does not recommend this request for approval. Mr. Brissor rezoned that Mr. Goodbread submitted this same application January 2007. Chair Ledferd recalled that the Board stated at that time, aitnough Southwest 2ntl Avenue would eventually become commercial, due to no more available land on South Parrott Avenue, the a, a 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, whe-er the City could do an overlay of land uses on the current comprehensive map. Mr. Brisson answered yes, over time. Chair Ledferd nterjected that if the land use was changed to commercial on this piece of property, there would be a pretty large area of commerciaBoard Member Maxwell asked when the map would be revised? Mr, Brisson replied in about a year, Mr. Brisson stated if you rezone ,cw, you are re -acting not planning. Chair Ledferd stated, if a parking lot had been put on Park Street we would not have the parking oroolem that currently exists. Mr, Brisson said as soon as the front side of the block goes commercial, the back side follows. Chair Ledle-c si ateo the City could strongly hold to the commercial zoning on Southwest 2"1 Avenue and not allow commercial zoning on Soutnwess ` Avenue. Board Memoe O'Connor strongly stated that there was no commercial property south of Southwest 17" Street. Mr. Goodbread told the Board the iwo words that are conspicuously absent here Is Wal'Mart, that is one block away. Probably the most commercial corner in the entire co nty, at a controlled intersection. Of the four lots we want to develop, three are vacant and the fourth has a house that was built in the r 930's, which we are demolishing. No one would want to build a residential house on this property knowing that in the future this and 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 Mr Goodbread distributed a site plan of the proposed area. He stated that he has a gentleman that wishes to purchase the area, with the parking area. To be able to use as much land on Parrott Avenue as possible, the four lots on Southwest 2ntl Avenue would be reedeo for parking. This would be employee parking and overflow parking. The site plan shows a bank, retail and a restaurant wim Larking on the four lots across the street. Chair Ledferd nquired whether reducing some of the detention ponds through exfiltratlon trenches would be possible? Mr. Dobbs replied yes "- -neet the water quality, this project would have to go through the South Florida Water Management District (SFWMD), Board Memde, Burroughs asked about the parking spaces required for the restaurant, since the change had been made previously to accommoda,c ciy tune seating area for the customer's required parking. Board Member Maxwell affirmed, Board Member Burroughs then states ' % arking spaces could be eliminated, JUNE 21, 2007 PLANNING BOARDBOARD OF ADJUSTMENT AND APPEALS - PAGE 4 OF S AGENDA �� ACTION DISCUSSI�OIV VOTE:'', ` 5�',.'��� V. PUBLIC HEARING CONTINUED, C, Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Chair L ed e asked whether there were any citizens who would like to speak? Sherri Ritter, residing at 2301 Southwest 3`11 Avenue, Application No. 07-010-SSA continued. said there are brand new homes behind the proposed parking lot, She inquired whether the parking lot would reduce the: property values" Char Ledferd replied that buffer walls would be required. She stated that she often walks on Southwest 2nd Avenue''• because of uneven sdewalks on 3rd 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 i e stated he is opposed to the land use change. Chair Ledferd asked whether there were anymore question? There were none. Alternate 0Connor moved to find Comprehensive Plan Map Amendment Application No, 07-010-SSA inconsistent -.with the Comprehensve Plan, and recommend denial to City Council; seconded by Board Member Maxwell. VOTE i LEDFERD-NAY HOOVER -ABSENT KELLER-YEA MCCOY-ABSENT BURROUGHS-NAY JOHNS -YEA JUAREZ-ABSENT MAXWELL-YEA O'CONNOR - YEA MOTION CARRIED. Application will be forwarded in ordinance form fora final Public Hearing on August 7, 2007before Appbcathon :Alin be forwarded in ordinance form for a final Public Hearing on August 7, 2007 before City Council. City Council. 11 D. Consider Rezoning Petition No, 07.003-R submitted by Warren Snyder, Consider �ezon!ng Petition No. 07-003-R submitted by Warren Snyder, President of Southeast Contractors & Engineer, Inc.'pn behalf President of Southeast Contractors & Engineer, Inc. on behalf of property of propen, or ners Donald McBrayer and Marry Stevens to change the zoning designation from Residential Single Family -Ong (RSF-1) owners Donald McBrayer and Marty Stevens to change the zoning designation to Reside^ba: M0i-Family (RMF)) for property located at 1925 Southeast 91" Avenue. Legal description: a parcel of land lying in and from Residential Single Family -One (RSF-1) to Residential Multi -Family (RMF)) comprising of a portion of Section 27, Township 37 South, Range 35 East, Okeechobee County, Florida and is approximately 19.1 for property located at 1925 Southeast 9" Avenue. Legal description: a parcel acre(s) 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) - Southeas' Contractors submitted a memorandum requesting deferral. Planning Consultant, E, Consider Rezoning Petition No. 07.007.9, submitted by Vikki Aaron on behalf Cons der Pezoning Petition No. 07-007-R, submitted by Vikki Aaron on behalf of property owner Mauro Tovar to change the zoning of property owner Mauro Tovar to change the zoning designation from designaro-:'rom Residential Single Family -One (RSF-1) to Light Commercial (CLT) for property located at 701 Northeast'3`d Street. Residential Single Family -One (RSF-1) to Light Commercial (CLT) for property Legal descr ption Lots 7 through 12, Block 116, Okeechobee, according to the plat thereof, recorded in Plat Book 5, Page�5, Public located at 701 Northeast 3`d Street, Legal description: Lots 7 through 12, Block Records of Okeechobee County, Florida, and is approximately 1.03 acre(s). 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 Board Member Burroughs moved to postpone Rezoning Petition No, 07.007-R associated with postponed Comprehensive Plan Small acre(s) - Planning Consultant Scale r,Iier ._and Use Map Amendment Application No, 07.009-SSA; seconded by Altemate O'Connor. 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)-7634686 Date: 5 a J ()-) Petition No.() Fee Paid: Sob, Jurisdiction: -tf�, 1st Bearing i 2nd xearing 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-eAvm oog =.A =p - Owner mailing address: I ZrJ �7 T 7a 5 � LName of applicant(s) if other than owner (state relationship):-O&D 'p C Applicant mailing address: i 25 5 /dam 70 E D/C 349r Z A N Name of contact person (state relationship): �00003 JP Contact person daytime phone(s): (P-3L1- 21 Z! Fax: 4U-1-Z Do IV r Plope771 addre"', directions to propeiry 21On� -- �k � !�rlFC:C'I �CECnU�1C�ilio(1 �U[I)�(I= 7 -7- 9G-00GG-�- 60 aC) -00� ---- - Size of the Property (in acres): D, 6 `5o Current Zoning Designation: 2I :s Owc !6 P R Current Future Land Use Designation: % f) LC CAM) L � Existing Use of the Property: Zs F1 N E ` Proposed Future Land Use Designation: e4- it) COAA me, R, T Proposed Use of the Property: L1(7l k-c tK► �2C1 — FACKl P6� LOB Y Description of Surrounding Properties: EA;— dbmxtW-cjit- euo RT} - 2 S1-C '4 U T*_ R-S i Legal Description of the Property (Lengthy Description May be Attached): L OT-S it 2, Z, 4-Li ��-�C �C 2 r KD�,A A -no J Hl- r Uniform Land Use Application (rev_ )2/w) Page i of 2 rAr Survey of Property (11" x 14", 20" Scale) Oh Letter Outlining Request. Notarized Letter of Owner's Authorization M ✓ Application Fee (non-refundable) City Location Map I hereby certify that the information in this application is correct. The information included in this application is for by the City of Okeechobee in processing my request. False or d30 - o a may be punishable by a fine of up to $500.00 and imprisonment of up to d m re t ' the summary denial of this application. Printed Name Date Uniform Land Use Application trey 12r03) Page 2 of 2 F"ILE iN11M 2>0_p4pp77SH QR 81C O+dS29 is6 1891 preoarer�y and rm 1 : SHARON ROBERTSM, CLERIC OF CIRCUIT COURT JOHN D. CASSELS. JR DKEECHDBEE CI)11Hry, FL Attorney at Law RECORDED 04/W/2004 09:20:08 AM Cassels S McCall RECORDING FEES 6.00 P.O. Box DEED Doc 3 968 400 NW Second Street 85.0o RECORDED BY 6 neubourn Okeechobee, FL 34973 File No.: 1788 Parcel Identification No. 3-28 37-35-W60-00020-0010 Space Above This Line For Recording Data) Warranty Deed (STATUTORY FORM - SEMON 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-t LAND & CATTLE COMP Okeechobee, FL 34974 of the n da corporation St whose post office address is 1257i3 Hwy. 70 East, ty Okeechobee, State of Florida, grantee', Witnessetb that said grantor, for in c 'deration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerati &rantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargain ,the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lyi keechobee County Florida, to -wit Lots 1 and 2, Block 2, ROYAL OAK Dr iding to the plat thereof recorded in Plat Book 1, Page 8, of the Public Records of Okeechobee Coun a. Subject to restrictions, reservations and e 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" C,ra`tor' end Grantee'" are used fol singular or plural, as contex rewires In Witness Whereof, grantor has hereunto set grantors hand and seal the day and year first above wntten Signed, sealed and delivered in our presence: NEL Y _ R State of Florida County of Okeechobee The foregoing mstrttse t was acknowled ed before me this 28th day of Api , 2004 b personally known or t�has produced L. Y NELLY C�,fiioML WALKER, who � � iden ' [Notary Seal] No Printed Name: prR Kant Hrlrlroru q!! MYCummWlonW2118W MY Commission Expires: i,w�wj E1VIrmhYy,11,2DD7- _:K0500 PA,0684 �' Doaatt�fan Stmt� � >n life amowtt � )75 OD Pts t fLtln�tetwn IQ: = Tat PM in Vla amount JOHN D. CASSEL& JR• GKS C �z Attorney at Law d:, gafk d C1> (burl Cassels a aft call Sitarott PA. Box 90 400 NW Second street �M Oltlla Okeechobee, FL 34973 D.C- File No.: 912 Parcel Identification No. 3-28.3T45.00W-00020-0030 (apace Above This Line For Recording Data) Warranty Deed (STA71 ri-ORY FORM - SI1-TI )N 669.02. F.S.) This Indenture made this 28th day of April. 2003 BetWeen FRANCES •. GOING, a single woman whose post office address Is 4242 FAVORITE ROAD, Fort Pierce, FL 34981 of the County of Saint Luele, 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 Okeechobse. State of Florida, grantee'. Witnesseth that said grantor. for and i cw a Dow good and valuable consideration id g sold acknowledged. has granted. bargained• following described Land situate, lyuig LOTS 3 AND 4 OF BLOCK 2, ROYAL OAK IN PLAT BOOK 1, PAGE 8. PUBUC RECO OF This property does not constitute the homestead" suWct to rsinctlons, tes(—atrom and ease e1 11 and sad gr ar for dcxs hefeDy tufty wanant me tale to all persons whornsoever f 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 lKo bee County Florida, to -wit CCORDING TO THE PLAT THEREOF RECORDED CHOBEE COUNTY. FLORIDA- defend the same ayautst lawtut cte,rns of - ` e�vraryl contest reQwres �+ -'Gra�.tof and Gantee are u f In W itnrss Whereof, grantor has hereunto set grantor's hand and seat the day and year first above written. Signed, sealed and delivered in our presence- r r kae FttnN Eti i_ iititNc W W-Siglctiurr Y (- AeZ)LINR C01 Rc� I'lW- s-1ri"ANene FILED FOR RECORD OKEECHOSEE COUNT Y.FLA ?nd W i tuR 03 MAY - i PM 27 30 2 >< Qr.� �C. s - 389699 3nJ Wilnr -Print N:aor S SHARON CLERIC OE CIRCUIT SON lRCU1T COURT %totem iI fib(, II4 I hr lien Eomg in+tnnlulq eras :.iLuosslydg,z( lk lbrr Inc This :Sth JJ\ of April _'Olrt by FKANC UN G- 601ING, utx, /is per>.atdh knee.. ❑ _ I 110, pndttced a. idrrtli - r :tn Public - 1Nnt,r ti.ail Qtf D tYt:tt<-J tiantr:---Li-� hi. (onuniwm tapirs: _ Tto" �t d ";'\ AM MTE1110 YY oDumissiea i m hurl fXMMS WS bs,20a: �+`� a�.awv,n.Mavrrmr.r ("(n 111 Okeechobee County Property Appraiser 61 122 W.C. "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 .0 rt t� F PARCEL: 3-28-37-35-0060-00020-0010 -SINGLE FAM (Cool00) 'F a 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 $55,000.001 / U Assd $82,473.00 Info 2/23/2004 $0.001 / U Exm t p �.: • ` " 5/1/2001 $27,000,001 / Q .00 Taxable $82,47373.00 — I X was aenvea trom 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 dat Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized a 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 for ad valorem assessment purposes. Okeechobee County Property Appraiser - Map Printed on 5/24/2007 2:47:24 PM Page 1 of 1 Okeechobee County Property Appraiser I or 79 ts8 237 fit W.C. "Bill' Sherman, CFA - Okeechobee, Florida - 863-763-4422------'-- — -- - PARCEL: 3-28-37-35-0060-00020-0030 -VACANT ROYAL OAKS ADDITION LOTS 3 8,4 BLOCK 2 Name: GOODBREAD GEORGE A LandVal Site: 0 SW 2ND AVE, Okeechobee BldgVal 12575 HWY 70 EAST ApprVal Mail_ OKEECHOBEE, FL 34972 JustVal SaleS 4/28/2003 $25,000.00V 10 Info Exm t P Taxable )0000) Ai 1. $68,600.00 $0.00 y 00 $68,600.00 $0.00 $68,600.00 1 This information, Last Updated: 5/18/2007, was derived from data wmcn was compneo oy me uKeecnouee i.ounry riupeny r+ppidisei 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_ 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 Staff Report Applicant: Brad Goodbread Small -Scale Comprehensive Plan Amendment Petition No.: 07-010-SSA General Information Applicant Address: 12757 Highway 70 East Okeechobee, Florida 34972 WIN r ,i a.+..._, a x W,.a,. Applicant Fax Number- 863-46-2900 -lv41`V'^„n� r Owner: G4 Land and Cattle Owner Phone Number: Same as above Location: 2104 SW 2d 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. . a North: Future Land Use Map Classification: Single Family Residential Zoning District: RSF-1 :Existing Land;Use:Single Family Residence East: Future Land Use Map Classification: Zoning District: Existing Land Use: Commercial CHV Vacant Staff Report Applicant: Brad Goodbread Small -Scale Comprehensive Plan Amendment Petition No.: 07-010-SSA IN Zoning District: RSF-1 Zoning District: RSF-1 ~ Esilrtg Land :.Use r...A w v 9, P `Single Farn�ly R�sae 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 Plan 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 t wwwggg 1 .. s A . TV a ltv, td ,• e pp w A��� fi erg`a WB t Fqt 1 A-d 77 x 1 1-a 4 B M I F SA t f 1 MCV"I S 4ts�' A-0,,L*Vt1jy3 1 's,iE+ ;.i✓31 3 ! k � iacbararxs�rp snit, S?3 ►. txls33 �3 #fiepurlatg 'G.!> ry B1 Yi stt. t b #Vs= }v!��;� y0 r ,T}>o *may �t�#tyil f" f�hy.M/�q��yt3'-lua'f or IW. uu ter, -its".. w V; , iffl4ve�11ul, L*, R.::,# :+first'' $ '} ;iMVF� Yii.Yf RY:-14 p* ll"M4 w f k in PIIV0'A=fv Ariots Zinfx s dxY#s33 Y3!utilkst rksRs3�itR+rff=g8�c31 ►�U4t sAl is pt 1 1cf4v Ti f +:+a1f5aai.iYiasran. Brad Goodbread 07-010-SSA from Single -Family to Commercial 4 Staff Report Applicant: Brad Goodbread Small -Scale Comprehensive Plan Amendment Petition No.: 07-010-SSA �, frylAO f 5 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 : Ema.i.l: larue-planning(a,)att.net Staff Report— Small Scale Comprehensive Plan Amendment Prepared for Applicant: Petition No. The City of Okeechobee G4 Land & Cattle Co. 07-001 SSA Staff Report Applicant: G4 Land and Cattle Co. Small -Scale Comprehensive. Plan Amendment Petition No. 07-001-SSA 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 Future Land Use Map Classification Existing Single Family Proposed 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 Florida Statutes as a Small -Scale Amendment to the Coinprchcnsi\ c Plan. the applicant will also be requesting a rezoning change from RSF-1 to CIA fur 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 Applicant: G4 Land and Cattle Co. Small -Scale Comprehensive Plan Amendment 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 band Use Map would be inconsistent with the Future Land Use Element. The subject property is within the Single- Famil}' Future Land l use category and the RSI�-1 Z.oning District. B. Concurrency of Adequate Public Facilities Public facilities would be available, but traffic impacts would be substantial as this area is residential and the roadway may not be able to support more commercial traffic. C. Compatibility with Adjacent and Nearby Land Uses The change from the Single -Family to Commercial Future Land Use category would create an incompatible use with the surrounding neighborhood. The existing Future Land Use categories, the existing Zoning Districts, and the existing uses of the surrounding area (north, south and west) are all compatible with each other. If granted, the commercial use would be incompatible with the adjacent uses 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. Small -Scale Comprehensive Plan Amendment Petition No. 07-001-SSA D. Compliance with Specific Standards of the Plan. The applicant's request, if granted, would not be in compliance with the standards set forth in the Comprehensive Plan. Analysis and Conclusions Based on the above information, staff does not recommend for approval of this request. Maps or Diagrams Submitted by: James G. LaRue, AICP January 8, 2007 • Staff Report Applicant: G4 Land and Cattle Co. Small -Scale Comprehensive Plan Amendment Petition No. 07-001-SSA r�'7•-Ciol srr..d w n 6 LAW OFFICE OF �(O JOHN D. CASSELS. JR., P_A. L.AURA ANN McCALL. P A. CASSELS & P. O BOY 968 • 400 NW 2 .. STREET • OKEECHOBEE, FL 34973 • TELEPHONE 863-763-3131 • FAX 863-763-1031 • E-MAIL rnaiLdlegol-or,e con, September 27, 2007 Via facsimile transmission and US regular mail John R. Cook, Esquire \V, 1 120 South Parrott Avenue Okeechobee, Florida 34974 RE: George A. Goodbread and Gd Land & Cattle. Our File No: 00-8 "-14 Dear John. In furtherance Of our recent conference, enclosed please find a certified copy of the Declaration of Covenants, Conditions and Restrictions that Mr. Goodbread and his company have voIuntari I imposed upon the four (d) lots which are the subject of the pending rezoning request before the City. Wc understand there has been some concern kvith regard to enforcing Mr- Goodbread's pledge to only use the property as parking for a commercial development of the property to the east which abuts Panmtl A\ Inue. ,As such they have imposed a restrictive covenant upon the properly that enures to the benefit of the City. The term is for twenty years\which is actually twice as long as an initial term of a development agreement under Chapter ] 63. Should you wish to discuss this matter further. please do not hesitate to contact me. With kindest regards, Sincerely Jolo Cassels, Jr. c/tIr eci Brian Whitehall, City Manager George A. Goodbread Preparrd By acid Return to John D. Cassels, Jr. Esq. Cassels & McCall P.O. Box 968 Okeechobee, Florida 34973 Parcel ID Number: 1111 11MIRMIN IN111 FILE NUM 2007013076 OR BK 0063F PG 1675 SHARON ROBERTSON► CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY► FL RECORDED 09/25/2007 04:33:33 PM RECORDING FEES 18.50 RECORDED BY R Parrish Pas 1675 - 1676i (2o9s) DECLARATION OF COVENANTS, CONDITIONS and RESTRICTIONS GEORGE A. GOODBREAD and G4 LAND AND CATTLE COMPANY, INC., (hereinafter collectively the "Declarant"), is the owner in fee simple of certain real property (the "Property") located in Okeechobee County, Florida, described as follows: Lots 1, 2, 3 & 4 Block 2, ROYAL OAKS ADDITION according to the plat thereof recorded in Plat Book 1, Page 8, public records of Okeechobee County, Florida For the purpose of enhancing and protecting the value, attractiveness and desirability of the said Property, Declarant hereby declares that the Property described above shall be held, sold and conveyed only subject to the following covenants, conditions and restrictions, which shall constitute covenants running with the land and shall be binding on all parties having any right, title or interest in the above -described Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of the CITY OF OKEECHOBEE, a Florida municipal corporation, its successors and assigns, hereinafter the "City". WHEREAS The Declarant wishes to use the Property solely for parking in conjunction with the real property lying between the Property and Parrott Avenue to the east; and WHEREAS The Declarant wishes to ensure abutting landowners and the City that the Property will be used solely for such parking unless and until the City Council of the City permits otherwise. NOW THEREFORE IT IS DECLARED: That the Property shall be used solely for parking in conjunction with the real property lying between the Property and Parrott Avenue to the east. [0001-34519. WPD] Book639/Page1675 CFN#2007013076 Page 1 of 2 2. That the City shall be considered a third party beneficiary to this Declaration and have the right to enforce, by any proceeding at law or in equity, all covenants and restrictions now or hereafter imposed by the provisions of this Declaration. Should such proceeding be necessary, the prevailing party shall be entitled to reasonable costs and attorneys fees incurred at both the trial and appellate levels. 3. That the covenants and restrictions of this Declaration shall run with and bind the Property and shall inure to the benefit of and be enforceable by the City, more particularly described above for a period of twenty (20) years from the date hereof. Thereafter, they shall be automatically extended for additional periods of one (1) year unless otherwise agreed to in writing by the then owner of the Property and the City. 4. Unless and until the Property is finally rezoned by the City to a Commercial classification to enable it to be used for commercial parking, Declarant reserves the right to cancel this Declaration in its entirety. IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal on behalf of the Declarant thisA?YO� day of September, 2007. Signed, Sealed and Delivered in our presence: i atre tnessasto th Printed Name of Witness 4S'jorjje-o-lf Witness as to both �Jll1 17e Printed Name of Witness STATE OF FLORIDA COUNTY OF OKEECHOBEE GJ-GEORGIA PROPERTIES, INC. E- orge . Good eSdj� The foregoing instrumentwasacknowledged before methiso?y'kdayofS ptember, 2007, by George A. Goodbread, individually and as President of GJ-Georgia Properties, Inc., whois ersonally known to me; or ❑ who has produced as identification. NO Y PUBLIC PRINTS NAME OF NOTARY PUBLIC MY COMMISSION EXPIRES: [0001-345 19. WPD] q'e.0 Jill R. Pitts 1� Commission # DD524607. Expires April 12, 2010 ",71i0onOW 7nY lNn • inwnna, inc 1OP70670t9 � �.� Book639/Page 1676 CFN#2007013076 Page 2 of 2 OCT 2 AGENDA - FINAL PH -,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 July, 2007. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 2nd day of October, 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 r V. PUBLIC HEARING CONTINUED. III F. Consider Rezoning Petition No. 07-008-R continued. Application will be forwarded in ordinance form for on July 3, 2007 before City Council. III Application will be forwarded in ordinance form on July 3, 2007 before City Council. G. Consider Rezoning Petition No. 07-009-R, submitted by Brad Goodbread on Consider Rezoning Petition No. 07-009-R, submitted by Brad Goodbread on behalf of property owners G-4 Land & Cattle and George behalf of property owners G-4 Land & Cattle and George A. Goodbread to A. Goodbread to change the zoning designation from Single Family (SF) to Light Commercial (CLT) for property located at 2104 change the zoning designation from Single Family (SF) to Light Commercial Southwest 2"d Avenue. Legal description: Lots 1, 2, 3, and 4, Block 2, Royal Oaks Addition, according to the plat thereof, recorded (CLT) for property located at 2104 Southwest 2"d Avenue. Legal description: in Plat Book 1, Page 8, Public Records of Okeechobee County, Florida, and is approximately 0.650 acre(s 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, Board Member Burroughs moved to find Rezoning Petition No. 07-009-R inconsistent with the Comprehensive Plan and recommend Florida, and is approximately 0.650 acre(s) - Planning Consultant. 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 HOOVER -ABSENT KELLER-YEA MCCOY -ABSENT BURROUGHS-YEA JOHNS -YEA JUAREZ-ABSENT MAXWELL-YEA O'CONNOR - YEA MOTION CARRIED. QUASI-JUDICIAL H. Consider Variance Petition 07-001-V, submitted by John Raddatz on behalf of Consider Variance Petition 07-001-V, submitted by John Raddatz on behalf of property owners Southeast Milk, Inc. to change the side property owners Southeast Milk, Inc. to change the side setbacks from eight feet setbacks from eight feet to zero feet and rear setbacks from 10 feet to zero feet within a Heavy Commercial Zoning District (ref. Sec. to zero feet and rear setbacks from 10 feet to zero feet within a Heavy 90-285(2)) for property located at 1005 West North Park Street. Legal description: Lots 1-20, inclusive, Block 1, Southwest Addition Commercial Zoning District (ref. Sec. 90-285(2)) for property located at 1005 to Okeechobee, Florida, according to the plat thereof as recorded in Plat Book 2, Page 7 of the Public Records of Okeechobee County, West North Park Street. Legal description: Lots 1-20, inclusive, Block 1, Florida. Less that parcel of land as recorded in O.R. Book 463, Page 1246 of the Public Records of Okeechobee County, Florida. 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, Mr. Dobbs distributed four signed documents supporting the setbacks, supplied by surrounding property owners. Mr. Dobbs explained Florida. Less that parcel of land as recorded in O.R. Book 463, Page 1246 of the owner wants to make the site more eye appealing. the Public Records of Okeechobee County, Florida - Planning Consultant. Mr. Brisson stated LaRue Planning and Management recognizes this as a non -conforming building. He reported the applicant supplied no documentation to support the special circumstances, nor demonstrated any hardship to support the variance petition. The applicant's economic cost is not a hardship, therefore, LaRue Planning and Management Staff recommend denial of the petition. Mr. Worley, of Worley Construction spoke as the General Contractor for the proposed new building. He stated that the applicant wants to beautify the property, he also said when the building was constructed, it was not non -conforming. There are only three lots in the area that are residential, the remaining areas are commercial. City of Okeechobee Date: 5 as General Services Department Fee Paid: QO 55 S.E. 3" Avenue, Room 101 ist Hearing- " Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Publication Dates: Fax: - (863) 763-1686 Notices Ivlailed: Uniform sand Use Application Rezone • S ecial Exce Lion • Variance Name of property owner(s): 6, Awl A Owner mailing address: 12,6 75 7� � W P P Name of applicant(s) if other than owner (state relationship): L I Applicant mailing address: 115 -7 5 [+EAD70 C A Name of contact person (state relationship): pD N T Contact person daytime phone(s): '0 6-3 -103c f 217 � Petition No. o l C)o Jurisdiction 2nd Hearing: 3� 3-f4�Z Fax: t� - 2,q Qp Property address / directions to property 2-1D q �*-j 2r4AW Indicate current use of property Describe improvements on property- including number/type of dwellings and whether occupied (if none. so state): sc►�c3 a" f woo f Fr I�oc)sL tw-cc` r,� f 93o Approximate number of acres: Qt (p J` b Is propem in a planed subdivision? h is tht're Cii"; f ofdtnance 1! <o (jr-, rthc- > ` 3 -i land use appuc<,titt,_� u; F r�- r _ L r o1 Fan of this roe in tiu , .i P P Ii so_ inutCate ua�e, j nature and ap(i'icanf's name: �� ` ° fq S�o'j � E — - e';0f — R Is a sale subject to this application being granted? 5 LE T j, Is the subject parcel your total holdings at that location? If not describe the remaining or intended uses 0,3 Describe adjoining land uses] improvements to the North: p 2�l South: (L�E East: `/ West: -Existing zoning: Future Land Use classification: e-s r- H_ Actions Requested: Cjo�kezoue ( ) Special Exception (__-) Variance Parcel Identification Number d3-Z9-g7-35-oo&o-oo0�-e c3- Zia -37- S- L2 p-000Zo- orys Confirmation of Information Accuracy I hereby certify that the informatA in this application is correct. The information included in this application is for use by the City ec obee proc - g i y request- False or misleadin- information may be punishable by a fine of tip to S500 a m ri>s�bn t of ays and may result in the summary denial of this application_ Si Printed Name Date LJriiform Land Use Application (rev- 1/03) Page 1 of 2 Current zoning classification: s f _ _. Requested zoning classification L' F R ' What is your desired permitted use under the:proposed classification:�1(9n� E Z O N If granted, will the new zone be contiguous with a like zone? ICJ C� E LAI Is a Special Exception necessary for your intended use? Variance? Describe the Special Exception sought: S P E C 1 Provide specific LDR ordinance citation: A L Are there other similar uses in the area? IC so, describe: E X C E Why would granting your request be in the best interest of the area and residents? P T t�r�cthe - nmore inId'n- nuIT"! I oni�e penes ,. i Describe Variance sought: V A R Describe physical characteristic of property that makes variance necessary: 1 A N C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? Uniform Land Use Applicarion (Tev. 1/0) Pape 2 of 2 iMM®NRIN®E011 Prepay and return to- JOHN D. CASSELS, JR. Attorney at Law Cassels & McCall P.O. Box 998 400 NW Second Street Okeechobee, FL 34973 File No.: 1788 Parcel Identification No. 3-28-3735-0060-00020-0010 FILE _ HUM 2004007758 OR BIG 00529 PG 1891 SHARON RO$FRTSONr CLERK OF CIRCUIT COURT OKEECHOSEE COUNTYr FL RECORDED 04,-D/2004 09:20:08 All RECORDING FEES 6.00 DEED DOC 385.00 RECORDED RY 6 hevbotTrn [Space Above This Line For Recording Datal ce `0' . Warranty Deed W�l 36S' (STATUTORY FORM - SECTION 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 G-4 LAND 8r CATTLE COMP da corporation whose post office address is 12676 Hwy_ 70 East, Okeechobee, FL 34974 of the my Okeechobee, State of Florida, grantee", Witnesseth that said grantor, for in c ideration of the sum of TEN AND N01100 DOLLARS ($10.00) and other good and valuable considerati rantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargaine of to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lyi ng -n Okeechobee County Florida, to -wit Lots 1 and 2, Block 2, ROYAL OAK riling to the pt t thereof recorded in Plat Book 1, Page 8, of the Public Records of Okeechobee Coun rida. 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 usetl tot ssngular or plural, as conleffi rec _s In Witness Whereof aravanr has hereunto se' urarder's hand and seat the d-:y and year first above wnnen Signed, sealed and uur presence State ofFlorida County of Okeechobee The foregoing inctn,me t was acknowledged before me this 28th day oJAp2010)4 by NELLY C. WALKER, who E] is personally known or [ 7has produced _ f9 iden cation VTIUM [Notary Sea]] N ElAn Printed Name: �r . KWin Ammons My Ga,,w dadon DD211M My Commission Expires --Expires July 11, 2DQT K0 5 0 0- RK0 6 8 4 Dmwwn" Stumps paid in the amount Of Elmo-TeA by and-relmrq Is: $ 1175.010 JOHN 0. CASSELS, JR- am Tail p@W in ft RnMirlt Attorney at1aw of $ Cassels A McCall shm of clicuit Court P.0- Box 968400 NW Second Street Dksar� lids Okeechobee, FL 34973 File No-: 912 Elsie. Parcel Identification No. 3-28-3?-36-0060-00020-0030 (Space Above This Line For Recording Data)_ Warranty Deed (,SI-A-II ITORY FORM - 1.11-nON 699.02 F.S-) This Indenture made this 28th day of April. 2003 Between FRANCES IL GOING, a single woman whose post office address is 4242 FAVORITE ROAD, Fort Piece, 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, Witriesseth that said grantor, for and i co ion of the sum of TEN AND NO1100 DOLLARS ($10-00).wi-d other good and valuable consideration aid g r in hand paid by said grantee, the receipt whereof is hereby acknowledged. has granted. bargained.sold e said grantee, and grantee's heirs and assigns forever, the foltovAng described Land. situate. iywng hobee County Florida, to -wit: LOTS 3 AND 4 OF BLOCK 2, ROYAL OAK MO , CCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 8, PUBLIC REGO OF CHOBEE COUNTY, FLORIDA- This property does not consfittirte, the i.ornestead e tor. Subrect to tg5trichons reservations and recur 't - amt S-10 oaeS t-,(,by t"fly ra ,;I r"f ail persons wnorre_.oc-vr-r /� In Witness Whereof- grantnr has hereunto set grantor's hand and seal the day and year first above wrirLen Signed, sealed and delivered in our presence Isl W- -SiVj1a1llre y V t-) L I IJ A C of N W- -print Narne Ild WI lure :1. -S 2nd Witness -Print Nzartr Stale of 4 G 1i) I I j f- n'.0 FRAWI--� V (;)ING FILED FOR RECORD OKFECHOSEE COUNTY. ILA 389699 03 MAY -I Ph 2,- 30 SHARON ROBERTSON CLERIC0; CIRCUIT COURT Cuunt, 41 S t- L-Lke j E- 'th Lla—lApi-ll- 'MY', b% I -RAN( I-S G.(-.()IN(;- ho 111c Ill, ifi^red Some kl-. t --unn—ion 1:,pir— Ro�v ANA =LFAMR0 UO Uy CoUMISSION I DD 191714 EXPIFiFS M—h9.200- car ro �u xmrr Aunnov ro same an�woecr- (n..reazr r, Pwcr rn s so'�- . or e acas z I I R li ;I eroaa6z x ccry eraor +s (BEARING BASE) ttesr woanav m sDVlrr aY£tvraBr�' S 9oTX1TX1'E 2asBz(M) 3onYP) (Pureax r. PAa-») _�_�� ; sovoQo" £ T42.41 (MJ T425(PJ LOT T xs — —BLOCK 2 so IJi 6r j I l z �rs isoar z S B93YSYW I426i(M) IfZ5(P) PREPARED FOR THE EXCLUSIVE GEORGE A_ GOOOBREAD 0 a, ](lixt PAYCE! CONTAINS J 0 654 ACRES { LOT J ± BLOCK 2 I 1 I I I I I LOT 4 I BLOCK 2 DESCRIPTION DWG. DATE BY CK BOUNDARY SURVEY 06/14/05 WC I KAB DESCRIPTION REFERENCE PROVIDED BY CUENT OR CUENTS REPRESENTATIVE FB/PG: 153 BEARING REFERENCE:. THE NORTH UNE OF BLOCK 2 IS TAKEN TO BEAR S 90"00'00` E I FILE 19367 TRADEWINDS PROFESSIONAL SERVICES, INC. SURVEYORS AND MAPPERS 200 S.W_ 3rd Avenue Okeechobee, FL 34974 Tel (B63) 763-28B7 I � Kenneih A. Meaux, Jr (pSMi48'O) ' C er�Jicnre of AutTnri±etion X. LA SCALE: 1' = 40' JOB N0: 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 s rvey depicted here is prepared exclusively for those parties noted_ No r espansblity or liability is ossamed by the sarveyor to, use by others not specifically n med_ Not volip without the signatu,e and embossed seal of Florida-Iicensed surveyor and mapper g4620" There are no visible above ground - encroachments except as shown_ No attempt was mode to locate un0er9--d zmprovements and/or encroachments (if any) as part of this survey. This survey was prepared in occordonre with minimum technical standards established by the Florida Board at Surveyors and Mappers (Chapter 6TGT7-6. F.A.C.) pursuant to Section 477.027. Florida Statutes. May 22, 2007 I, George A. Goodbread, President of G4 Land & Cattle Co, Inc, hereby authorize Bradley G. Goodbread to sign as applicant on my behalf. This letter is in reference to the change of zoning for Lots 1, 2, 3, & 4 of Block 2, Royal Oaks Addition, to change from Single Family Residential (RSF) to Light Commercial (CLT). George A. Goodbread Lots 3 & 4, Block 2, Royal Oaks Addition G4 Land & Cattle Co, Inc. Lots I & 2, Block 2, Royal Oaks Addition e A. Goo ead �-, f, C, 4 V\ 6 �-- "'-) '4 n -:) Printed Name: George A. Goodbread STATE OF Florida COUNTY OF Okeechobee Sworn to (or affirmed) and subscribed before me this � 2 day of m RV 12007, by 6 ��� j-1 G 0J9O.=4 n `— , personally known to me or produced a as identification. Robert ErIkAr43 a�sSion.�gg5951a Elpims� DEC. x_ 2M Bonde.d 11ru Public =.; o�. �'� 6-lRj�' Okeechobee County Property Appraiser 2iO +ZI) (�U ft W.C. "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 n- E 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 $68,1600.00 Site: 2104 SW 2ND AVE. Okeechobee BldgVal $13,225.00 12575 HWY 70 EAST ApprVal $82,473-00' Mail: OKEECHOBEE, FL 34974 n JustVal $82,473.00 �.:-. 4/28/2004 $55,000-001 / U Assd $82.473.00Sale Infos 2/23/2004 $0.001 / U Exmpt $0.00 ... a 5/1/2001 $27,000.001 / O Taxable $82,473.00 ' I his 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, its 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. Ukeechobee County Property Appraiser - Map Printed on 5/24/2007 2:46:18 PM Page 1 of 1 � �.—1 , iwm uara wmcn 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 its interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. BQUNDARY SURVEY PREPARED -FOR GEORGE GOODBREAD Zf STIEADDLKESS. 2704 S.W. '2ND AVENUE. 3) PARCEL ID.-: 3-28-37-15-0060-00020-0070. 4) F.I.R.M. ZONE ZONE UNDETERMINED, PARCEL LIES WITHIN THE OKEECHOBEE CITY LIMITS. 5). THIS SURVEY IS NOT7NTFNDED .TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 6) ,THE SURVEY DEPICTED HERE IS.NOT COVERED. BY PROFESSIONAL LIABILITY INSURANCE. ADD177ONS OR: DAE776NS` TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PAR77ES IS PROHIBITED ..WTHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 7) DATE OF: LAST FIELD. SURVEY 06108105. rOr 10 ` �OOr 45 - 'rMsrn(—T ro swnr o¢rwas¢' (PGT B00A' 4_ PAGE. IIJ - S 90170r00- E 14241(M) 1425'(P�. x. Aav 1fa I11T B ROGC ? ( I 3i n 2 ILaT, E I (BEARING BASE) '£MST AaU'!HI4 ID SWIH 6YfEDlGld[£' S 90TA0-00' E 299.82'(AO .loa•(P) (PLAT 9Gr1Y 4 PALL 17f sl�so;Q2w E 14241(,u) r4zs(�) ..rn — 3r.5 LOT 1 „ BLOCK 2r ?s a' ¢� o �I t au ten ` o � 2 O Q. I Z soar ? 1 s B9srsr If 74267-(,J 142.5'(P) S 695. 3 W. 22ND STREET — n.�-..o�.n ro R..Ro .ten t o l 3- R1 o(,K 2 i TOTAL PARCEL CONTAINS 10.654 ACRES LOT J h BLOCK 2 i i i LOT 4 i i BLOCK 2 i ti q W 142.67(C) 142.5 (P) M iw• PREPARED FOR THE EXCLUSIVE USE OF DESCRIPTION GEORGE A- GOODBREAD BOUNDARY SURVEY DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CUENYS REPRESENTATIVE FB/PG: 153/56- BEARING REFERENCE THE NORTH.UNE OF BLOCK 2 IS TAKEN TO BEAR S 90-00.00" E- FILE: 19367 11 TRADEtiVINDS PROFESSIONAL SERVICES, INC. SURVEYORS AND MAPPERS 200 S.W. 3rd Avenue Okeechobee, FL 34974 Tel: (863) 763-2887 O -6waZY4 A . 'Z Kenneth A Breaux, Jr- (PS)TI4820) crran�ste o: nutnonxeuvr. F F e-19 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 far use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was made to locate underground; improvements and/or encroachments (if any) as part of this survey- This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.) pursuant to Section 472.027, Florida Statutes. I /.7 .IUUK6011 OUCUL, JU1LG GVV - Fort Myers, Florida 33901-2845 • Phone: 239-334-3366 Fax: 239-334-6384 Staff Report Rezoning Request Applicant: Brad Good -bread Owner: G4 Land and Cattle From: RSF-I to CLT Petition No. 07-009-R Staff Report Applicant: Brad Goodbread ..;. Rezoning Request Petition No.: 07-009-R General Information Existing Proposed 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 The applicant is requesting to rezone the above -described property from RSF-1 to CLT to allow a commercial parking lot on the property. North Future ViandC)se leap Ctass�ficatiori; Smjle f=ani�y Resdent�al `` `' Zoning District: RSF-1 Exist7rg Laid U,se: Single farr�y resrdenire Staff Report Rezoning Request Applicant: Brad Goodbread Petition No.: 07-009-R vi & Zoning District: RSF-1 'An x Zoning District: RSF-1 �a .i3-.iS .. xx .... .Yw A. S,_*a. _.�`. "L Zx.`b � ,�.�. t M A. B ?Y!✓.. A_.i, .., _ F•.. 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 Applicant: Brad Goodbread Rezoning Request _ _. 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. I 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 4 Applicant: Brad Goodbread Petition No.: 07-009-R Staff Report Rezoning Request 4. 33 32.4 a 42 y L,arp f C�71e- Subject Property 61 Staff Report Rezoning Request Applicant: Brad Goodbread Petition No.: 07-009-R � A r. t wt3 i n t#w't'{ �sP, l+kis tl art , to 24ki nNR3s wa, Own ty he O-te Jwttt 6w'-f Fkc+xF i A;�Ycrfs C a ✓ rr3ra j3+�tYJe rtsi i�ccts s .t rsi a�ur�csar T7 ram, sr +a ut . s r. Tk�i u t�i by acre ss a atmnvtaR m W, tws+axr.Wa�f'�4+0TV",fty i+PA4 1 tt. MO waa►wa IV*, i+ V W t ar aAs, � 1#0,6da:d #;' a, 3Kars,Y t7�j �`fi� tar. o zYl ,. arm �i �tsi > ynq M! M"04 taa tp csmftk; to fk W1 !ty R ;ppy ttt7t fa to'ck t-r mm"e +s 2; am a -.a r w"'nt 4M sA�w J� s#w4b t ODM t" fro' Fir r? 1,04own,avowon tcris a cs. 6 Prepared By aid Return to John D. Cassels, Jr. Esq. Cassels & McCall P.O. Box 968 Okeechobee, Florida 34973 Parcel ED Number: 1011fN I NININI l FILE NUM 2007013076 OR B,K 00639 PG 1675 SHARON ROBERTSONY CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYP FL RECORDED 09n5/2007 04:33:33 PM RECORDING FEES 18.50 RECORDED BY R Parrish P95 1675 - 1676► (2v9s) DECLARATION OF COVENANTS, CONDITIONS and RESTRICTIONS GEORGE A. GOODBREAD and G4 LAND AND CATTLE COMPANY, INC., (hereinafter collectively the "Declarant"), is the owner in fee simple of certain real property (the "Property") located in Okeechobee County, Florida, described as follows: Lots 1, 2, 3 & 4 Block 2, ROYAL OAKS ADDITION according to the plat thereof recorded in Plat Book 1, Page 8, public records of Okeechobee County, Florida For the purpose of enhancing and protecting the value, attractiveness and desirability of the said Property, Declarant hereby declares that the Property described above shall be held, sold and conveyed only subject to the following covenants, conditions and restrictions, which shall constitute covenants running with the land and shall be binding on all parties having any right, title or interest in the above -described Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of the CITY OF OKEECHOBEE, a Florida municipal corporation, its successors and assigns, hereinafter the "City". WHEREAS The Declarant wishes to use the Property solely for parking in conjunction with the real property lying between the Property and Parrott Avenue to'the east; and WHEREAS The Declarant wishes to ensure abutting landowners and the City that the Property will be used solely for such parking unless and until the City Council of the City permits otherwise. NOW THEREFORE IT IS DECLARED: I . That the Property shall be used solely for parking in conjunction with the real property lying between the Property and Parrott Avenue to the east. [0001-34519.WPD] Book639/Page1675 CFN#2007013076 Page 1 of 2 7 .. 2. That the City shall be considered a third party beneficiary to this Declaration and have the right to enforce, by any proceeding at law or in equity, all covenants and restrictions now or hereafter imposed by the provisions of this Declaration. Should such proceeding be necessary, the prevailing party shall be entitled to reasonable costs and attorneys fees incurred at both the trial and appellate levels. 3. That the covenants and restrictions of this Declaration shall run with and bind the Property and shall inure to the benefit of and be enforceable by the City, more particularly described above for a period of twenty (20) years from the date hereof. Thereafter, they shall be automatically extended for additional periods of one (1) year unless otherwise agreed to in writing by the then owner of the Property and. the City. 4. Unless and until the Property is finally rezoned by the City to a Commercial classification to enable it to be used for commercial parking, Declarant reserves the right to cancel this Declaration in its entirety. IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal on behalf of the Declarant thisa?Y t day of September, 2007. Signed, Sealed and Delivered in our presence: i afore ttness as t oth Printed Name of Witness S' �juf Witness as to both mil/ 'k '74011qs Printed Name of Witness STATE OF FLORIDA COUNTY OF OKEECHOBEE GJ-GEORGIA PROPERTIES, INC/ The foregoing instrumentwasacknowledged before methiso2't/�dayofS ptember, 2007, by George A. Goodbread, individually and as President of GJ-Georgia Properties, Inc., who is ersonally known to me; or ❑ who has produced as identification. NO Y PUBLIC 1A 111—s PRINTED NAME OF NOTARY PUBLIC MY COMMISSION EXPIRES: [0001-34519. WPD] gei►�U�i. Jill R. Pitts ZF Commission # DD524607 Expires April 12, 2010 ��i � BoMWTm, Rrv•ImurMw.lnc l049l6.7D1H . , , ,�-� _ "')o Book639/Pagel676 CFN#2007013076 Page 2 of 2 DMIBIT 3 OCT 2, 2007 55 Southeast 3' Avenue * Okeechobee, Florida 34974 # 863- 763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. TEMPORARY STREET AND SIDEWALK CLOSING Name of Applicant Omtral Elerertary Si;tml Today's Date 9/25/2007 Address 610 SW 5th Ave Phone(s) Name of Property Owner Address Phone(s) Street to be Closed Dates to be Closed > Time(s) to be Closed Purpose of Closing Armual Fall lbstival Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. _ is a resident make sure the name and address is legible. (Required of all applications) Gopy of proof of insurance. (Minimum $1,000,000.00, required of all applications) Attachments [ If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. iv State Food Service License if selling food. ± State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks) awClean-up is required within 24 hours. mwNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. owNo donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. uwThe City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. swDumpsters and port -a -lets are required when closing the street for more than 3 hours. 'PUBLIC WORKS DEPARTMENT 1/_ /-e--/ % Donnie Robertson, Public Works Director Authorized. Signature Date Typed Name &Title. POLICE DEPARTMENT J`D 7 Denny Davis, Chief of Police u orized Signature Date Typed Name & Title orized Signature ADMINISTRATION Authg(riz,od Signature CLERK'S OFFICE .07 Herb gym; f-_h , Fire Chief _ Date Typed Name & Title Occupational and/or State License Verified: j/ Brian Whitehall cit Administrator ate i yped Name & Title 25- 6 rl Lane Gamiotea, City Clerk Date Typed Name & Title APPROVED/DENIED BY COUNCIL ON: Revised 8/05/03 �i i H'F-1 FT-',] SWATH STREET w w {, rv_ (n uit— L va m S W .TH ATPFFT TH STREET Lu Y NM IflIL TRH ACORM. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDm) 09/07/2007 PRODUCER I8t31490 -6816 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Willis. Administrative Services Corporation 3000 Bayport Drive, Suite 300 Tampa, Florida 33607 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL# INSURED Florida School Boards Insurance Trust (FSB1T) and its Insured member otgenivnIons INSURER A: National Union Fire Insurance Company of PA 1944S INSURERS: FSBIT N/A Okeechobee County School District . INSURER C: 700 SW Second Avenue INSURER D: Okeechobee, FL34974 INSURER E• HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN INSUUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTHWITHSTANDING EQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OF OTHIER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, JSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SURACT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGGATE LIMITS SHI lAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE Patio/ wKCnV1 POUCY EXPERATXIN POLICY NUMBER DA-IMM/DD/YY) DATE IMM/DD/YY LIMITS B GENCRALLIABILITY CA04000URRENCE - S �„pgp,DBp X DAMAGE TO RENTED COMMERCIAL. GENCRAL UABIUW PnFMISES IEa a rftnq ) S Inch dod CLAIMS MADE' nOCCUR MED ExP (Any m- Mrron) S IMIL k d FSB(T07CAS7-1 07/01/07 07/01/08 PERSONAL , Includ d 'Professional Liabil' only A KKJRY GENERALAGGREGATE S Non, G5WLAGGREGOE EMIRTAPPUES PER PRODuCTS-CCMP/DP Ar.G S Included _.. Ndky__. _ P..n I I ux B X ANY AUTO %t ALL OWNCD Aums SOHEDULED Autos X HIRED AUTOS X NONWOWNEO AUTO$ GARAGE LIABIL ANY AUTO EXCESS UAwrry OCCUR CIAIMsMADE OFOUCIIBLE RETUMON $ WORKERS COMPENSATION AND A EMPLOVEW LIABILITY ANY PROPRIETOR/PARTNER/D(ECUTIVE OFFICER/MEMBER ExCLUDEDP If ye:, dmcribe under FSBIT07CA57-1 1 07/01/07 1 07/01/08 COMBINFI) SINGLE LIMB Ea Reddelxl S ).000.000 BODILYINAIRY (Po, Pnrmn' S OONLY INJURY (Pc . ccld.nTl S PROPF RTY GAMAGL (P.r KCWcn[) S AUTO ONLY —EA ACgDENT S [A ACE 5 OTHER THAN $ AUTO ONLN. AGG EACH OCCURRENCE $ AGGREGATE S S X1NC-462-8993 ; 07/01/07 07/01/08 EL. EAON ACGDCNT $ 1,003,000 E1 .DISEASE -EA EMPLOYEE $ 1,000,DOp E_L.OISEASE-POI.((y [JM(r S 1,000.000 Holiday Stroll In the Park -Christmas Card Display, Flagler Park 11/14/1 7-01/21/08 t-cm I II -ILA LE HOLDER City of Okeechobee, City Hall & The Hamrick Trust 55 SE 3rd Avenue Okeechobee, FL 34974 Attn: Lane Gamiotea, City Clerk LORD 25 (2001/0S) -INSO?.S(0108)05 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANED BEFORE THE EIEPIRATION DATF THEREOF, THE ISSUING COMPANY WILL. ENDEAVOR TO MAIL .W_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBUCATION OF LIABILITY OF ANY KIND UPON THE INSURER, ITS AUTHORIZED REPRESENTATIVE ACORD CORPORATION 2998 Page 1 of 2 EXHIBIT 4 MT 2, 2007 55 Southeast Yd Avenue * Okeechobee, Florida 34974 # 863- 763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. TEMPORARY STREET AND SIDEWALK CLOSING Name of Applicant First Baptist Q-xcf-a (R.O.C.) Today's Date 9 /25/2007 Address 310 SW 5th AvEnue Phone(s) Name of Property Owner Cif, of pwe}rk)&-- Address Phone(s) Street to be Closed cW 3rd & 4th St 4,, + Dates to be Closed October 31, 2007 w Time(s) to be Closed 7:00 a.m. - 11:00 p.m. Q- COI'b1.lr1UR� �'P.atu.1" " A/Il. Q..Qf.PJiI1GtEt ti�•Q: Purpose of Closing �� of the Bible Ltrosiked Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) aJ71` Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications) Attachments If any items are being sold on City street or sidewalk then a Temporary Use Permit �- must be attached for each business participating. Permits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks) uwClean-up is required within 24 hours. u�R'No alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. uwNo donations can be requested if any type of alcoholic beverages are served on private propertylbusiness unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. "rThe City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. a�N'Dumpsters and port -a -lets are required when closing the street for more than 3 hours. PUBLIC WORKS DEPARTMENT Authorized. Signature Signature orized Signature ADMINISTRATION Authori&-et Sign Signature Donnie Robertson, Public Works Director Date Typed Name & Title . Date Denny Davis, Chief of Police Typed Name & Title Typed Name & Title Occupational and/or State License Verified: Brian Whitehall, City Administrator Date i yped Name & Title Q,a5 07 Date APPROVED/DENIED BY COUNCIL ON: Lane Gamiotea, City Clerk Typed Name & Title Revised 8105103 QU o From: Whitney Hans At: Pritchards & Associates, Inc. FaXIO: To: City of Okeechobee � s Date: 7/142007 10:41 AM Page: 1 of 1 AC080.. CERTIFICATE OF LIABILITY INSURANCEOP DATE( FIRST-1 ELST 07/16/07 /16/0 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Pritchards & Associates, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1802 S Parrott Ave ., ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Okeechobee FL 34974-6179 Phone:863-763-7711 Fax:863-763-5629 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER& Allstate Insurance Co. 19232 INSURER B: SAFECO First Baptist Church of INSURER C: Okeechobee, Inc. Ae yuiCap prOgx" Ad"" I= 401 SW 4th Street INSURERD: Okeechobee FL 34974 INSURER E: AGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NS TYPE OF INSURANCE POLICY NUMBER FOUCYL"EU11VE DATE (MM/DDIYY) POLICY DATE (MMIDDIYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 10 0 0 0 0 0 PREMAs(E,, occurence) $ 200000 B X COMMERCIAL GENERAL LIABILITY 24CC1310412 06/07/07 06/07/08 MED EXP (Any one person) $ 10000 CLAIMS MADE OCCUR - PERSONAL &ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2000000 POLICY JEI El LOC A AUTOMOBILE X LIABILITY ANY AUTO 048065577 07/08/07 07/08/08 COMBINED SINGLE LIMIT (Ea accident) $ 1000000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (per acoderv) $ HIRED AUTOS NON -OWNED AUTOS _-- PROF E.i Tv D.4MAG- — $ GARAGE LIABILITY i AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY AGG EXCESSTUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑ CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND I ER E.L. EACH ACCIDENT $ 100000 C EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNEPAD(ECUTIVE WC07067151 01/01/07 01/01/08 E.L. DISEASE - EA EMPLOYEE $ 100000 OFFICER/MEMBER E)(CLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $500000 OTHER B Property Section 24CC1310412 06/07/07 06/07/08 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION OKEEC-4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Okeechobee IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR 55 SE 3rd Ave. Okeechobee FL 34974 REPRESENTATIVES. ACORD 25 (2001108) O ACORD CORPORATION 1588 B. SEPTEMBER 11, 2007 -CEB REGULAR MEETING - PAGE 3 OF 4 AGENDA I BOARD ACTION - DISCUSSION - VOTE Review of cases currently being fined. Attorney Cook gave an update on the cases currently being fined. He said the law suit is ready to be filed on Case 07-172 John and Susan Hanner. He informed the board Case 06-108 Building Blocks will now be able to obtain an occupational license which would bring them into compliance, Also, Attorney Cook stated he had discussed the small amount owed on Case 06-144 Shannon Martin with the City Administrator, it was decided it would not be cost effective to file a law suit but instead collect the fine when the property is sold. The code board discussed Case 07-026 Chad Jenkins & Adelin Hauser which has been under a fifty dollar per day fine more than ninety days, Member Irby moved to recommend City Council proceed with foreclosure for the amount of the fine including court cost and fees; seconded by Member Nelson. VOTE WORLEY - YES GAMIOTEA - ABSENT CASTORINA - ABSENT IRBY - YES MONTESI - ABSENT NELSON -YES SWEDA-YES HANCOCK-YES REVELS - YES There was further discussion regarding Case 07-014 Okeechobee -FL Properties which has also been under a fifty dollar per day fine more than ninety days. Member Hancock moved to recommend City Council proceed with foreclosure for the amount of the fine including court cost and fees; seconded by Member Revels. VOTE WORLEY - YES GAMIOTEA - ABSENT CASTORINA -ABSENT IRBY - YES MONTESI - ABSENT NELSON -YES SWEDA-YES HANCOCK-YES REVELS - YES MOTION CARRIED. i }`,,4rq �v -✓.ny l0a 1 t _ �,`��i% Ri'pri it r +�y,, .lT a ' F�.i 46. 5ZZ r �a .20- L {� All Sam- 7,4 t,.�t�r f fie y ' ..�'� •', :�: +" :}rt / � 7 , ,xi ; d - � '3,,1 dj '�•�� � ,,.. �� '� �" � �:. 1J6'i�'S-�:�i }fir s�' 2 ✓�.`Ir iT`"l s I ' , P �..� a` v'C` .+e.. Asll7 .� ^,,, �� - �: ��; - ti cam_ ii7 Ir fill Photograph Taken 04/09/2007 Tires & Debris in front yard. Kf Y yr• . a � •` ;��.. � x �r � � h, � .. SA � ,j� 1 •,% Y tf"+A '' , Ib' �Zy%"�'iP',P,.• _�'£r'+ • . 17 Y'� ���,_ �. (r i r1 . �� r? tn�' a, ,,u T�1 `'' yi •'. M. ��.�� � �, r �'f, r� I'1� 1'`kPt i'f.. i �6SP 1 'll # t pt -Ai 1 KTx ���; r e'er ��' r� �, 5:. nt� ,ter l `/ � ;, •,j ;. , yg 71 y � t `}d4* �, �s 4�"� IR 117 •li t �^ '"ice ,k !a �} ,£v v ` �� A ! ,it a.''. :• ..}Y '+ < .i'�'- `+�� *d+ l A `� *'�.y �° �4 f i�� lry�' � I .� P' 1. � • - 7 'f Vf �. �� � 14. ,� f�� r� lid tR a.. i� + �� a � yam , � a':'�a �,^ �� l�., /k [� - r '� �• � '' ;,� � � � �`� � � �y"�'" rSu is i . � qp .. . I. m. 1 yea ., i t ,: -c4 • _ .. , x• �°� � _ .yam 1 � .. - Or Case #07-026 Chad Jenkins & Adelin Hauser • 1104 SE 8th Drive Case #07-026 Chad Jenkins & Adelin Hauser 1104 SE 91h Drive 02/06/2007 — Spoke to Chad Jenkins and informed him that the grass had to be mowed and the disabled vehicle had to be removed 03/09/2007 — Inspected property, wrote Notice of Violation 03/13/2007 — Mailed Notice of Violation. 03/19/2007 — Notice of Violation Received, signed for by Ross Enfinger. 03/20/2007 — Mailed Notice to Appear. 03/22/2007 — Notice to appear received, signed for by Eva Lilyn. Inspected property on 03/19, 04/03, 04/09/2007, photographed property 04/09/2007 Notices of Violations Written 2005 — 5 times 2006 — 3 times 200 7 —1 time qr Case #07-014 Okeechobee -FL Properties LLC • 03/07/2007 — Called Okeechobee -FL Properties, Karen said it would be mowed by next week. • 03/12/2007 — Inspected property, not in compliance. • 03/ 19/2007 — Inspected property, not in compliance. • 03/20/2007 — Wrote Notice to Appear. • 03/22/2007 — Notice to Appear received, signed for by S. Reod • 03/26/2007 — Called Okeechobee -FL Properties, informed Karen that this case would go before the Code Board on April IOth. She said it would be taken care of. i Case #07-014 Okeechobee -FL Properties LLC • 01 /04/2007 — Inspected property, wrote courtesy letter. • 01/23/2007 — Wrote Notice of Violation • 01 /25/2007 —Notice of Violation mailed. • 01/29/2007 — Notice of Violation received. Signed by S. Reod. • 02/ 12/2007 — Inspected property, not in compliance. • 02/20/2007 — Called Okeechobee -FL Properties, spoke to Karen, she stated that it would be mowed in the next 10 days. dL C s s .fit � \� � y � : fh✓ a f r i I CITY OF OKEECHOBEE CLOSED EXECUTIVE SESSION REGULAR CITY COUNCIL MEETING ORIGINAL OCTOBER 2, 2007 IN RE: Discussion to rescind the November 7, 2006 motion to adopt Ordinance No. 961 regarding Future Land Use Map Amendment Application Number 06-012-SSA, submitted by Frank Altobello, Trustee - City Attorney Transcript of proceedings before the Okeechobee County City Council Meeting, held at the City Hall, 55 SE 3rd Avenue, Okeechobee, Florida, commencing at 5:30 p.m., on the day and date above set forth. Wtgak-Iuv" WA-awn�>_�Lr ATLANTIC REPORTING QCA � p(p_6c206MY , �f (800) 336-0050 WEClaSe.d %-$ 2��� Trans-cro MO& Mwal- t s� I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 APPEARANCES: James E. Kirk, Dowling R. Watford, Jr., Lowry Markham, Clayton Williams, Lydia Jean Williams, John Cook, Brian Whitehall, Lane Gamiotea, ATLANTIC REPORTING (800) 336-0050 Mayor Council Member Council Member Council Member Council Member City Attorney City Administrator City Clerk 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAYOR KIRK: We're going to call to order of this meeting of the Okeechobee City Council. Today's date is October the 2nd, 2007. The time is 5:30 p.m. Madam Clerk, will you take attendance for those that are present? THE CLERK: Mayor Kirk? MAYOR KIRK: Present. THE CLERK: Council Member Markham? COUNCIL MEMBER MARKHAM: Present. THE CLERK: Council Member Watford? COUNCIL MEMBER WATFORD: Here. THE CLERK: Council Member Clayton Williams? COUNCIL MEMBER CLAYTON WILLIAMS: Present. THE CLERK: Council Member Lydia G. Williams? COUNCIL MEMBER LYDIA WILLIAMS: Here. THE CLERK: Administrator Whitehall? CITY ADMINISTRATOR WHITEHALL: Here. THE CLERK: Attorney Cook? CITY ATTORNEY COOK: Here. THE CLERK: And, of course, the City Clerk is 1present. MAYOR KIRK: At this time I will entertain a motion to adjourn into Executive Session. Adjourn the regular meeting, close the Executive Session. COUNCIL MEMBER WATFO:RD: Mr. Chairman, I move ATLANTIC REPORTING (800) 336-0050 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we -- is it adjourn or adjourn the Regular Meeting and enter in the Closed Executive Session? MAYOR KIRK: I have a motion and a second? COUNCIL MEMBER MARKHAM: Second. MAYOR KIRK: Any discussion? All in favor of the motion say "aye." (A unanimous aye heard.) MAYOR KIRK: Opposed to like sign. (There was no response.) MAYOR KIRK: So moved. We are now in Executive Session. (Be it remembered that this is a transcript of the Closed Executive Session had in the above -styled cause, which was taken before the Okeechobee City Council commencing at 5:30 p.m. on the day set forth above, to wit:) MAYOR KIRK: I have one item and that is the discussion to rescind the November 7, 2006 motion to adopt Ordinance Number 961 regarding Future Land Use Map Amendment Application Number 06-012-SSA, submitted by Frank Altobello, Trustee. At this time I'll turn it over to the City JAttorney. CITY ATTORNEY COOK: Mayor, Council, we -- myself and Brian -- met with the -- I guess with the ATLANTIC REPORTING (800) 336-0050 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COUNCIL MEMBER WATFORD: Al Huggins. CITY ATTORNEY COOK: And because the administrative law proceeding, they proceed fairly quickly and they set various deadlines and times to move the thing forward and we moved it forward a little bit. We had mediation and, of course, we continued any evidentiary hearings in the case. I think -- I don't remember the exact date, 1but I believe it was October 18th is sort of a last call by the administrative law Judge because they want it either closed or dismissed or agreed upon or entered into a trial. And, of course, from our viewpoint, we told them we didn't have anything from Royal Concrete about their intentions or anything they want to do. So, I suggested maybe that we make an agenda item to discuss withdrawing the previous land use change ordinance, multi -family, and then what is not acted on the zoning ordinance, change it to multi -family as possibly accomplishing a couple things. ATLANTIC REPORTING (800) 336-0050 Q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 One, that notice would seemingly -- although it hasn't happened, I think to date unless anybody knows different that a Royal Concrete representative contact us and say don't do it or let's do it, this is But now as far as the appeal itself, the administrative proceedings are a little different than a regular lawsuit. In a lawsuit you got a plaintiff that filed a lawsuit and you've got a defendant that supposedly some how has been wronged. That is the way the case stands until it's over. Administrative proceedings, you have typically more one party like we do here: Us and Walpole and Royal Concrete and any participant in those things can realign their positions. So if we were to proceed to an evidentiary hearing in that matter, it would be legally much easier to defend our position in that action if we aligned ourself with the Walpole appeal in that we would -- if you recall, our Planner LaRue both at the Zoning Board and City Council recommended against approving that land use change. It's the standard of proof in these kind of things is what is called a fairly debatable standard. ATLANTIC REPORTING (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 It's a little difficult to explain but it's fairly debatable if you are withheld. And fortunately I say this before the meeting when that happened was one that Brian and I were both out of town or I missed the meeting, but it's my understanding from talking to the Staff and what not that there was virtually no argument or evidence advanced by anybody that would support, contradicted our Planner's report to change it to multi -family. So, if we realigned ourself with the Walpole fashion and said, Yeah, our Planner said it was a bad idea, perhaps we shouldn't have done it, then that would be much more supportable, legal argument in the administrative action. That being said, the other option we have is to direct that -- I suppose at the next meeting that we draft an ordinance rescinding the land use change to multi -family on the parcel. Again, it's my feeling that when Royal Concrete gets wind of this and they would want to participate and let us know what their plans are. To date, they haven't done that. Now as far as the procedure for rescinding that and what we have to do with DCA and what not, I'll have to defer to Jim LaRue. Unfortunately, when I got ATLANTIC REPORTING (800) 336-0050 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with Robin and Brian a little after this meeting, I forgot to ask Jim LaRue to the attendees. So, he's not here to address the actual mechanics of how we do that. That's where we're at. We can do nothing and just continue on, but I think the administrative law Judge is going to say either you're going to try this case or it's going to be dismissed or you can direct that Staff prepare the ordinance to assume the land use (change. That's where we're at. MAYOR KIRK: If we rescinded the land use thinking we would change the land use on it and then we (turn around and cancel that action? CITY ATTORNEY COOK: Well, if we had our vested rights to the land use, purchased it in reliance upon that action, it's possible, yeah. But the other side of the coin is that we have stayed the next step. The next step was the rezoning. We never heard anything. Anybody that purchased it in the interim would know that when they did the land use, they stopped the rezoning and it's not capable of being used for ;multi -family. So, they bought it under those conditions. Any argument that ATLANTIC REPORTING (800) 336-0050 E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the City is responsible wouldn't be that strong. MAYOR KIRK: What is the down side if we let it proceed as it's going now and let's say that this would go before an administrative Judge and he would hear it? CITY ATTORNEY COOK: Yes, sir. MAYOR KIRK: And he says, Okay; you shouldn't have changed it so change it back. Would that -- would that eliminate our liability? Are we doing this under strict direction from the Judge? CITY ATTORNEY COOK: Well, you know, in the legal business it's like eliminating on a positive but, yeah, it would put us in a much better position. The other question is, is it worth time and lexpense? MAYOR KIRK: If they did that and ordered us to put it back, would we be responsible for the attorney fees involved with the Maxwell crew? CITY ATTORNEY COOK: That's a good question. I don't know. I don't know. I don't think they award these kinds of actions but I would have to check. MAYOR KIRK: See, I've given a lot of thought to this and it's bothered me a great deal because my memory of the night this took place, I really think it ATLANTIC REPORTING (800) 336-0050 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I would really think that had you been here you would have stopped us from doing that and we would have discussed it. I really feel like the Council at that time would have turned the whole thing down. I don't think that we would have made any change. That is the feeling I got from the atmosphere of the Council. I'm basing that -- I know I wouldn't have supported it if I would have had to vote for it but we changed the land use on it simply to get to the zoning. COUNCIL MEMBER WATFORD: Exactly. MAYOR KIRK: And that's a procedure that we now know we don't have to do and I apologize to this Council I haven't been up here all these years and not understanding that, but I think we've done that numerous times and we didn't get stopped. So, it was -- I don't think it was our intention at that point or when we started discussing the zoning, I think it became very clear that there was not a majority of this Council that was in favor of the ATLANTIC REPORTING (800) 336-0050 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 land use change or the zoning, either one. But because we felt like we had to approve first one and not discuss the second one, that was the thinking -- especially coming out of this center chair think that the outcome most likely would have been totally different. With that being said, you know, I'm not so sure we shouldn't let them proceed and I would suspect that at least some persons on this Council or Staff or somebody is going to be asked to -- I guess they bring witnesses in and answer questions and I think that if it's any of us -- I know if it's me, I would say it was a procedural error. But I would rather that a Judge direct us to change this as us go ahead and change it because I really feel like we probably would be involved in lanother lawsuit. CITY ATTORNEY COOK: Yeah. Well, I mean, the lawful side certainly would like us to rely on that any way, and Brian and I discussed that. But I think what you're suggesting is probably good idea and I would seek the Council's permission to forward notice to the ATLANTIC REPORTING (800) 336-0050 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Royal group that in light of what you said and I think that the Council is all in agreement that I'm not procedurally again, I'm not -- I can't tell you that what happens will happen, but I know it can happen is that I inform the Royal Concrete people that the City is going to realign our position in the deal with Walpole and that would -- that's not to rescind any ordinance but it's -- MAYOR KIRK: I'm not sure -- COUNCIL MEMBER WATFORD: I'm not sure that is exactly what we want to do. I think we want it to go through the hearing process and I don't think we want to -- I don't think we want to say we're aligned with either group. I think what we want to say is -- well, to the administrative hearing Judge or who ever he is that, you know, there are some issues here -- I think we all had issues -- I know we all had issues that night and let him make that decision. I don't think we want to say, well, we're -- CITY ATTORNEY COOK: That's fine. At some point the administrative law Judge is going to come to the committee and say, What is your case for supporting the action of City Council? I can go -- beats me. COUNCIL MEMBER WATFORD: You can say that the City Council was without counsel that night and perhaps ATLANTIC REPORTING (800) 336-0050 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Yeah. COUNCIL MEMBER WATFORD: I mean, I don't know -- without going through this whole process again and going back and studying I guess the tapes or the minutes or what ever, I don't know that I can recall all the specifics. I do specifically recall -- like the Mayor said -- and I think I remember saying something to the effect about this isn't a good procedure because what do you do first? Which one -- it's kind of the old chicken and egg. Which comes first? So, I know we were -- I think we were all struggling with how do we get there. But first of all, if we were -- even if we were going to do that, I don't know that I would sit on either side and say, Well, I agree with your position. Maybe I'm wrong, but I think we would just go in and when the Judge asked you to defend that you would say, Well, Council -- and you could use what ever 1words you wanted to use -- was trying -- was deliberating how to get to the zoning, you know, because I think there were -- there are two sides to every issue and I think that the Royal Professional ATLANTIC REPORTING (800) 336-0050 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Builders or what ever their correct title is, they have some valid points. You have your church across the street, you have multi -family adjoining that. So, there are some -- there are some arguments to do it. I don't think that it's that -- it's a no-brainer that you don't do it. I think they have some valid arguments and I still think that even after all we've been through, I still think that they have some -- when you look to the north and some of the development that is to the north of that which some of it is kind of I guess you would say industrial -type or -- you know, there are some really valid reasons why that could be happening. So I think -- and I think if the Judge rules that way, then we've got to -- then we may have to make that hard decision, yeah, we'll get sued and we'll change it -- if we feel that way. I don't know if we feel that strongly, but I think that would either validate our position that, yes, there are some valid reasons to have it multi -family or it could say, hey, you guys and gals, you all were wrong and should have considered the other facts. And, to me, that would -- it takes it out of our hands and an independent third party then makes that decision either yes it was right ATLANTIC REPORTING (800) 336-0050 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 or no it wasn't. That's the way the procedure, I guess, is set up to do it. So, you know, I think you could use the term, Well, the City Council struggled with the decision, saw both sides, had they had counsel there that night, maybe they would have, maybe we wouldn't. I don't know. But the vote was unanimous, wasn't it, on that thing? THE CLERK: Yes, it was unanimous. MAYOR KIRK: My concern for the land planning -- for the land use, my concern is that I'm not sure what would have happened if we were grouped together to talk about it but in my opinion it certainly was a procedural error to go ahead and approve what we approved. In my opinion, that should be the attorney's response. If he is asked how do you justify this, I think he should say that the Council made a procedural error because it's going to be on record that we're basically saying that. That's not to say that when we got to -- when we grouped it together and talked, I don't know that our decision would have been different. I think it quite possibly could have been, but we would not have made the land use change vote at that point ATLANTIC REPORTING (800) 336-0050 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 without discussing all of the pros and cons of what we were doing that we didn't get to the zoning. Then we didn't get much done in the zoning -- if my memory serves me right -- because things kind of got confusing then and I'm not so sure if maybe Mr. LaRue probably realized at that point we made a mistake but -- as far as procedures is concerned. I don't know if that makes sense or not. know if anybody here disagrees with that or not. COUNCIL MEMBER MARKH.AM: My opinion and Council Member Walker made the statement that it seemed (like we always do these backwards. We've got to prove this before we go into the zone and he made that statement at night and it was like how do we get to the next step to discuss it? That was the only way to get Ito the next step was to approve it. If you did approve it, then you didn't discuss it. And we discussed it that night that -- and even with Mr. Altobello here, you know, we didn't turn people down on these things but to get to a discussion, you've got to make them think you're going to get it but then we're going to discuss it and that's when we got into the part where we didn't know which way to go ATLANTIC REPORTING (800) 336-0050 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 then on the zoning. But every time we come to those things, it's hard. You always have to approve something before you can -- then if you turn the other one down, you got one one way, one the other. COUNCIL MEMBER WATFORD: It's hard to go back. COUNCIL MEMBER MARKHAM: You can't go back to the land use because you've already done that. I think -- COUNCIL MEMBER WATFORD: It only takes one meeting. Zoning takes two meetings. I never figured that one out. MAYOR KIRK: So, is there any procedural reason we can't do the zoning first? COUNCIL MEMBER MARKHAM: They've always said we had to do the land use. COUNCIL MEMBER WATFORD: You can't do the zoning because that then wouldn't be consistent with the land use. If the land use is single family -- MAYOR KIRK: Then what we're going to do, Council Member Watford, is coming from the center chair here, we're going to have to open the discussion up completely at the land use. COUNCIL MEMBER WATFORD: I would tend to ATLANTIC REPORTING (800) 336-0050 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 agree with that -- allow a much broader range of discussion. COUNCIL MEMBER MARKH.AM: We've never done that. We've never done that. We've always done that at the zoning. And I think -- we've always directed the land use was not the place to discuss all of the particulars. MAYOR KIRK: That was my understanding. That's the reason I think it was a procedural error. I mean, we operated under what we thought was what we've done in the past and we approved that simply to get to speak -- to talk about the zoning. So we -- COUNCIL MEMBER MARKHAM: To take the next step. MAYOR KIRK: And the discussion between us was so nixed that we couldn't even come to a decision on zoning. And had we had that decision on the land use, I don't think we would have changed the land use with that discussion going back and forth. I know one thing. It wouldn't have been unanimous. CITY ATTORNEY COOK: Well, like I said, the administrative law Judge is not going to let us fool around much longer. And as you know, in any lawsuit if there's no deadline between the parties, they just sit there and do nothing. ATLANTIC REPORTING (800) 336-0050 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So, I guess the direction, Councilmen, would be I would notify both Walpole group and Royal Concrete that we're going to request a hearing date with the administrative law Judge to try the case. In between now and that date if they want to come to us with a proposal to avoid that hearing under what ever idea they've got, maybe we can try and resolve it that way. COUNCIL MEMBER WATFORD: I would agree with I that. COUNCIL MEMBER MARKHAM: I agree with that. MAYOR KIRK: I'm seeing all of the heads nodding just about. COUNCIL MEMBER CLAYTON WILLIAMS: Are we the defendants in the case? CITY ATTORNEY COOK: You're not really a Idefendant. COUNCIL MEMBER CLAYTON WILLIAMS: And they're the plaintiff? CITY ATTORNEY COOK: I think they designate them "petitioner" and "respondent" but it is a label. COUNCIL MEMBER CLAYTON WILLIAMS: You go in there with the position of defending what Council -- the action that Council took that night? CITY ATTORNEY COOK: That's correct. ATLANTIC REPORTING (800) 336-0050 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COUNCIL MEMBER CLAYTON WILLIAMS: I wasn't here. I think I was sitting out there. I think this was about November something? CITY ATTORNEY COOK: It's been a long time. THE CLERK: November 7th, 2006. COUNCIL MEMBER CLAYTON WILLIAMS: I can remember it seemed like people making a statement that seemed like we got everything in reverse. CITY ATTORNEY COOK: Yeah. COUNCIL MEMBER CLAYTON WILLIAMS: Now that Mr. Altobello is out of the picture, does that not change anything? As I understand it, they've closed on the property. CITY ATTORNEY COOK: It's my understanding. But in these kinds of cases, the land use and changes, any interested party can intervene. I mean, a citizen that lived across the street that didn't like the idea of multi -family could have joined the lawsuit. It's kind of an open thing for the agreed parties to come to or not come to. MAYOR KIRK: I think that is better than siding with one side or the other. I don't think that we should align up. I mean, we're being challenged and I still think that we've said here is correct: It was a procedural error. And I think that is probably -- if ATLANTIC REPORTING (800) 336-0050 2] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 any of us is called to testify that it's something similar, that's one thing like I said. COUNCIL MEMBER CLAYTON WILLIAMS: Are we going to plead some legal way of temporary insanity? Is that what we'll do? COUNCIL MEMBER WATFORD: It's called (stupidity. CITY ATTORNEY COOK: One of the Council members can come to the hearing and admit that. COUNCIL MEMBER WATFORD: I wasn't here. COUNCIL MEMBER CLAYTON WILLIAMS: How about one of the Council was saying I was a citizen? MAYOR KIRK: Well, again, I would have no problem telling the Judge that in my opinion it was a procedural error that I definitely helped cause. You know, I mean, because that's the way we've done them all. We just never had one by us before. COUNCIL MEMBER CLAYTON WILLIAMS: My concern is the Judge is going to say that very thing: That's the way you've done them all, so why not do this one the same way? CITY ATTORNEY COOK: The standard for review is well -established. What was it I told you a while ago? A debate -- a fairly debatable count. That is the established standard and it's just like a rule of ATLANTIC REPORTING (800) 336-0050 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 law the Judge is going to follow. If the transcripts and the witnesses don't support that, then we will just say like the Mayor said. MAYOR KIRK: I think that is the best we can do. I mean, I think that if we're told that to override it or change it, but if we're directed to do that by the Judge, I'm assuming we don't have any choice to do it but I sure wouldn't want to take that responsibility on myself and I wouldn't want to align ourself with either of them -- of the other parties involved in this. COUNCIL MEMBER CLAYTON WILLIAMS: We still got some to go through. Right? MAYOR KIRK: Yeah. The zoning never did get passed. When we got to the zoning, there was more questions than there were answers. COUNCIL MEMBER CLAYTON WILLIAMS: Theoretically Royal Concrete can win this and still lose at zoning. Right? CITY ATTORNEY COOK: Yeah. COUNCIL MEMBER CLAYTON WILLIAMS: Pardon? CITY ATTORNEY COOK: Yeah. MAYOR KIRK: I feel like that is the direction we need to go. CITY ATTORNEY COOK: I'm fairly confident and ATLANTIC REPORTING (800) 336-0050 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I believe they will come to us with something, some resolution before it gets to be here. MAYOR KIRK: Either side or both or -- CITY ATTORNEY COOK: Well, I know what the Walpole group wants. We just haven't heard anything from the Royal group but I'm surprised they haven't come to us yet. MAYOR KIRK: In my opinion, I hope it proceeds on, the Judge goes ahead so he puts this to rest, you know. CITY ATTORNEY COOK: Well, the other thing, of course, is you know since all this happened we approved the PUD. Right? The PUDR on this property may be a suitable -- COUNCIL MEMBER WATFORD: It would be a good compromise. MAYOR KIRK: I would say that would definitely be a compromise. COUNCIL MEMBER WATFORD: Do we need to make a motion to adjourn this Executive Session? CITY ATTORNEY COOK: Yes. First the Court Reporter is going to type this up and mail the transcript to the Clerk. I want you to seal it -- hold it anyway -- until the litigation is complete. COUNCIL MEMBER WATFORD: I move to close the ATLANTIC REPORTING (800) 336-0050 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Executive Session. MAYOR KIRK: I have a motion. Is there a second? COUNCIL MEMBER MARKHAM: Second. MAYOR KIRK: Motion to second. Any discussion? I've heard the motion, all of those in favor 1by saying aye. (A unanimous aye was heard.) MAYOR KIRK: Opposed a like sign. (No response was heard.) MAYOR KIRK: We'll open the regular session. (The Closed Executive Session adjourned at 6:00 p.m. and the regular City Council Meeting began.) ATLANTIC REPORTING (800) 336-0050 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STATE OF FLORIDA ) COUNTY OF OKEECHOBEE ) I, Amy J. Schreck, being a Registered Professional Reporter and Notary Public for the State of Florida at Large, do hereby certify that I reported the meeting of October 2, 2007 in the above -styled cause; that the foregoing pages numbered 1 through 24 inclusive constitute a true record of the hearing. I further certify that I am not an attorney or counsel for any of the parties, nor a relative or employee of any attorney or counsel connected with this action nor financially interested in the action. WITNESS MY HAND and official seal in the City of Okeechobee, County of Okeechobee, State of Florida, aijthis day of October, 2007. O,ffiu a'si*va- Amy 1. Schreck, Registered Professional Reporter Notary Public - State of Florida My commission expires: 3/12/09 ATLANTIC REPORTING Stuart, Port St. Lucie, Fort Pierce, Vero Beach and Okeechobee, Florida