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2007-12-041 CITY OF OKEECHOBEE DECEMBER 4, 2007-REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION CALL TO ORDER - Mayor: December 4, 2007 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Pastor Ed Steward of St Stephens, AME; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the November 6, 2007 Regular Meeting. PAGE 1 OF 18 In the absence of Mayor Kirk, Council Member Watford acting as Mayor Pro-Tempore called the December 4, 2007 Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Pastor Steward, of the St. Stephens Church; The Pledge of Allegiance was led by Mayor Pro -Tern Watford. City Clerk Gamiotea called the roll: Absent Present Present (acting as Mayor Pro-Tempore) Present Present Present Present Present Absent Present Present Present Council Member L. Williams moved to to dispense with the reading and approve the Summary of Council Action for the November 6, 2007 Regular Meeting; seconded by Council Member C. Williams. There was no discussion on this item. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. 27 DECEMBER 4, 2007 - REGULAR MEETING - PAGE 2 OF 18 V. WARRANT REGISTER - City Administrator. A. Motion to approve the October 2007 Warrant Register. Council Member C. Williams moved to approve the October 2007 Warrant Register in the amounts: General Fund, six hundred thirty thousand, four hundred twenty-two dollars and forty-seven cents ($630,422.47); Public Facility General Fund ............................. $630,422.47 Improvement Fund, nine thousand, six dollars and thirty-eight cents ($9,006.38); Community Development Block Grant Public Facility Improvement Fund ................ $9,006.38 Fund, one thousand, eight hundred sixty-nine dollars ($1,869.00); seconded by Council Member Markham. There was CDBG Fund ................................ $1,869.00 11 no discussion on this item. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Pro-Tem Watford asked whether there were any requests for the addition, deferral or withdrawal of items on agenda. today's agenda? There were none. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III MAYOR PRO-TEM WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:04 P.M. A.1. a) Motion to read by title only proposed Ordinance No. 1001 regarding Council Member L. Williams moved to read by title only, proposed Ordinance No. 1001 regarding Rezoning Petition Rezoning Petition No. 07-011-R, submitted by Kelly Kite on behalf No. 07-011-R, submitted by Kelly Kite on behalf of Okeechobee SR70 LLC to change the zoning designation from of Okeechobee SR70 LLC, to change the zoning designation from RMF to CHV on 6.27 unplatted acres located at 1108 North Park Street, East; seconded by Council Member C. RMF to CHV on 6.27 unplatted acres - City Planning Consultant Williams. (Exhibit 1). b) Vote on motion to read by title only. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1001 by title only. Attorney Cook read proposed Ordinance No. 1001 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 29 DECEMBER 4, 2007 - REGULAR MEETING - PAGE 3 OF 18 VII. PUBLIC HEARING CONTINUED. A. 2. a) Motion to adopt Ordinance No. 1001. 111 Council Member Markham moved to adopt proposed Ordinance No.1001; seconded by Council Member C. Williams. b) Public comments and discussion. A Future Land Use Map Amendment (Application No. 07-012-SSA), for this property was approved at the November 6, 2007 City Council meeting. On the site is a vacant single-family residence. The northern portion of the property encompassing about 0.8 acres, fronting North East Park Street (a/k/a State Road 70 East) to a depth of about 110 feet is already zoned CHV and is the location for the proposed bank and restaurant. On the southern 5.5 acres, the applicant is proposing to develop an 85-room hotel and is the subject of the requested rezoning. However, should the rezoning be approved, the Applicant, or any future owner of the property, will not be required to limit future development of the site to any specific use, but may develop any use allowable within the CHV zoning district. There were 52 notices mailed to the surrounding property owners with two responses objecting to the rezoning, John and Kim Burnett of 177 Southeast Avenue. The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. The Planning Board reviewed the rezoning petition at their October 10, 2007 meeting and voted unanimously to find the rezoning consistent with the Comprehensive Plan. They are recommending the City Council approve the rezoning with the stipulation that the level of traffic stays stable as indicated in the applicant's traffic analysis relative to the type of businesses proposed. Mr. Brisson reviewed Planning Staff Report findings as follows: 1. The proposed use is not contrary to Comprehensive Plan requirements, as the proposed uses noted above are contemplated in the Commercial land use category and allowed under the requested CHV zoning. 2. The proposed use being applied for, a hotel, bank and restaurant, is specifically identified as permitted uses within the CHV zoning district in the Land Development Regulations. 3. The request will not adversely affect the public interest. The Applicant has provided letters from the Okeechobee Utility Authority confirming that the Authority has adequate capacity to provide for the potable water supply and wastewater disposal needs associated with the proposed project. The County has recently confirmed a considerable level of excess capacity available to serve the solid waste disposal needs of other major developments in the City. It appears reasonable that the volume of solid waste associated with a development of this size can also be accommodated within the capacity of the County's Solid Waste Facility. The City's adopted level of service standard (LOSS) for SR 70 and US 441/SR 7 is "C" and for local roads are "D." The Applicant has furnished a revised Traffic Impact Analysis addressing questions and concerns initially posed by the Staff and which shows that the impact of the proposed project on SR 70, US 441/SR 7, and SE 10th and SE 13th Avenues will be insignificant. 30 DECEMBER 4, 2007 - REGULAR MEETING - PAGE 4 OF 18 VII. PUBLIC HEARING CONTINUED. A. 2. b) Public comments and discussion on the adoption of proposed 3. Continued. In none of these cases does the project's impact amount to as much as 5 percent of the traffic volume Ordinance No. 1001 continued. associated with adopted level of service for these roadways. Therefore, the Applicant has stated that the project is deemed not to have a significant impact on these roadways. Staff has identified a few additional areas where corrections or additional analyses are needed and has provided the Applicant with the comments. The Applicant provided the changes at the Planning Board meeting. SR 70, and US 441 South of SR 70, are constrained roadways and are presently operating at traffic volumes in excess of their design capacities. This is commonly referred to as operating at a level of service "F'. In fact, after construction of this development these roadways will be operating between 20 and 70 percent over their design capacities for both daily traffic and the PM Peak period. This is officially referred to as operating a vehicle to capacity ratio, between 1.2 and 1.7. While the Applicant's contribution to this situation is relatively minimal, the cumulative impact of new developments in the future is of considerable concern to us. Since any additional traffic to these roadways will only continue to make matters worse, we suggest that the City consider implementing a policy that would not allow approval of any future requests for rezoning or amendments to the comprehensive plan that will increase the density or intensity on lands that will generate traffic onto these constrained roadways. The project will also affect two local roadways: SE 10th and 13th Avenues. The impacts on these local roads are projected to represent only 4.29 percent and 5.36 percent, respectively, of the levels of service of these roadways and will not degrade their level of service below LOS D. However, since the intersection of SR 70 and SE 10th Avenue "fails" in three approaches, and on an overall basis, at the PM Peak, with or without the traffic generated by the project, the Applicant will need to contribute at the development order stage its fair share of the cost of making the necessary improvements (i.e., whether through signal timing adjustments within the existing geometry of the intersection or any turn lane improvements that might mitigate a failing situation). This may also be the case for the intersection of SR 70 and SE 13th Avenue. Further, it should be noted that the projected traffic and associated effects upon the aforementioned roadway are based on a development scenario involving 85 hotels rooms, 3,400 square feet of branch bank offices, a 5,800 square foot high -turnover sit-down restaurant. To the extent that the requested amendment is found to be within acceptable traffic generation parameters, it is based only on a project of a similar intensity. If a different development of differing character and greater intensity should be proposed in the future, it would be subject to additional concurrency review. 4. The use was found to be appropriate for the location proposed, as it is reasonably compatible with adjacent land uses and is not contrary to detrimental to urbanizing land use patterns. 1 DECEMBER 4, 2007 - REGULAR MEETING - PAGE 5 of 18 31 VII. PUBLIC HEARING CONTINUED. A. 2. b) Public comments and discussion on the adoption of proposed 4. Continued. Further, a major land use amendment to Commercial and rezoning to CHV has been approved on about Ordinance No. 1001 continued. 16 acres on the North side of SR 70, paving way for a major commercial concentration in the immediate vicinity. Frontage on the south side of SR 70 (the site of associated out -parcels) already carries a Commercial land use designation and CHV zoning. The full service U. S. Post Office is located immediately to the west of the subject property and a convenience store and equipment repair operation are adjacent to the northeast portion of the site. The properties to the south of the property are vacant, but are designated Single -Family on the Future Land Use Map but are zoned RMF. When developed, this area will likely be in residential use. This potential residential area can be protected from the effects of the proposed commercial development through the use of stormwater retention facilities as a spatial buffer. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The most likely effect on nearby property will be to promote improvement and redevelopment of the adjacent commercial properties, as these are either undeveloped or of a lesser quality development than the proposed use. Vacant, residentially designated properties to the south should not be adversely affected as they will likely be separated from the proposed commercial uses by areas likely to be used for drainage retention. 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. However, care will need to be taken to ensure that the four existing single-family homes immediately east of the proposed development (fronting on SE 13th Avenue) are adequately buffered to reduce the likely impacts of the proposed commercial development nearby. 7. The proposed uses will be commercial and will not create an inappropriate density pattern nor have any impact on schools, and the utility needs of the project are within the available capacities of the local utility providers. The proposed commercial use are consistent with the pattern of intensity established or anticipated in the area. While there will be some increase in traffic on SR 70, US 441, SE 10th Avenue, the Applicant's Traffic Impact Analysis has shown this to be insignificant in relation to the existing and adopted levels of service. The traffic analysis also shows that SE 13th Avenue may experience an increase in traffic as a result of a possible secondary access at the southeast corner of the property, but this will also be negligible. 32 DECEMBER 4, 2007 - REGULAR MEETING - PAGE 6 OF 18 VII. PUBLIC HEARING CONTINUED. A. 2. b) Public comments and discussion on the adoption of proposed 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Ordinance No.1001 continued. The Applicant's traffic impact analysis indicates that the proposed use will not reduce the level of service on the affected roadways and have only negligible impacts upon nearby major roadways and local roads. A stormwater management system will be designed to meet standards developed by the oversight agencies to address flooding and drainage. Management systems designed to these standards will result in lower potential for off -site flooding and drainage impacts. No negative affects on public safety will occur as a result of the proposed use. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions on the proposed uses are those commonly applied to commercial uses in the City's Comprehensive Plan and its Land Development Regulations. Mayor Pro-Tem Watford yielded the floor to the applicant for further information regarding the project. Mr. Vitter of Kimley-Horn and Mr. Kelly Kite introduced themselves and briefly addressed the buffering issue, stating that they knew it was a matter to be addressed during site plan review and that there is no ambiguity to this understanding, they will build the appropriate'barrier and bear the expense of the costs associated with constructing the appropriate barrier. It was then asked whether there were any comments or questions from the public? There were none. c) Vote on motion. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. B.1. a) Motion to read by title only proposed Ordinance No. 1002 regarding Council Member L. Williams moved to read by title only, proposed Ordinance No. 1002 regarding Rezoning Petition Rezoning Petition No. 07-013-R, submitted by Jose Rasco on No. 07-013-R, submitted by Jose Rasco on behalf of property owner 15th Street Homes LLC, to change the zoning behalf of property owner 15th Street Homes LLC, to change the designation from RSF-1 and H to PUD-R on a certain tract of land consisting of 50.478 acres; seconded by Council zoning designation from Residential Single Family -One (RSF-1) and Member C. Williams. Holding (H) Zoning Districts to Planned Unit Development - Residential (PUD-R) Zoning District on a certain tract of land consisting of 50.478 acres - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. 1 DECEMBER 4, 2007 - REGULAR MEETING - PAGE 7 of 18 33 VII. PUBLIC HEARING CONTINUED. B.1. c) City Attorney to read proposed Ordinance No. 1002 by title only. Attorney Cook read proposed Ordinance No. 1002 by title only, as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY-ONE(RSF-1)AND HOLDING (H)ZONING DISTRICT TO PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to adopt Ordinance No. 1002. III Council Member Markham moved to adopt proposed Ordinance No. 1002; seconded by Council Member C. Williams. b) Public comments and discussion. The proposed development for this rezoning is known as `The Lake House" and is to be a residential planned unit neighborhood of 136 single-family residences in a variety of lot sizes. The property is an unplatted vacant parcel located between Southwest 91h to 15'h Streets and Southwest 71h to 101h Avenues. Notices were mailed to the surrounding property owners with one response to date. The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. The Planning Board reviewed the rezoning petition at their October 18, 2007 meeting and voted unanimously to find the rezoning consistent with the Comprehensive Plan. They are recommending the City Council approve the rezoning. The Planning Staff is recommending approval, based on the following findings in the Planning Staff report as highlighted by Mr. Brisson: 1. The proposed use is not contrary to Comprehensive Plan requirements. The applicant is requesting to rezone the above -described property from its current zoning of RSF1 to PUD-R in conjunction with a concept plan for the development of 136 detached single-family homes on a variety of lot sizes. Such a use is contemplated in the PUD-R zoning district. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes. A residential planned unit development is specifically identified as a permitted use under Division 13 of the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. No, the project will not adversely affect the public interest. Specifically with regard to the availability of public facilities, Staff has determined the following: According to the U.S. Census, the City of Okeechobee averages approximately 2.7 persons per household (pph). Thus, the development of this property could generate approximately 367 additional residents (2.7 pph x 136 d.u.). 34 DECEMBER 4, 2007 - REGULAR MEETING - PAGE 8 OF 18 VII. PUBLIC HEARING CONTINUED. B. 2. b) Public comments and discussion regarding proposed Ordinance No. 3. Continued. Potable Water and Sanitary Sewer. The applicant has submitted copies of developer agreement's 1002 continued. indicating the ability of OUA to provide the needed potable water and sanitary sewer services to the project. Solid Waste: The County recently confirmed a considerable level of excess capacity available to serve the solid waste disposal needs of their major development in the City. It appears reasonable that the volume of solid waste associated with a development of this size can also be accommodated within the capacity of the County's Facility, which is owned and operated by Waste Management Company. Drainage: The proposed development will be required to meet all standards required by both the City and South Florida Water Management District. Parks and Recreation: The applicant has identified park areas in the concept plan in excess of the comprehensive plan requirements. Traffic: The summarized finding on the applicants submitted traffic analysis are: the proposed project is primarily served by local roads, with access provided by Southeast Yh and 15th Streets. The overall impact of the project is minimal on local streets, estimated to less than 2 percent of the capacity of the most heavily traveled link along Southwest 9m Street between Southeast 11' and South Parrott Avenues. The traffic impact analysis indicates that neither will the level of service on the most heavily traveled nearby local road be reduced nor will turn lanes be necessary. 4. The use is appropriate for the location and reasonably compatible with adjacent land uses as it is surrounded by existing single family developments, although the lot sizes are smaller than the surrounding area. Nor would it be contrary or detrimental to urbanizing land use patterns. 5. The proposed use will not adversely affect property values or living conditions. Nor will it be a deterrent to the improvement or development of adjacent property. 6. The proposed use will be suitably buffered from surrounding uses, as a PUD requires that all structures on the site be set back at least 20 feet from the perimeter of the property. Therefore it will not impact or hazard to the neighborhood. 7. The proposed use will not create a density pattern that would overburden pubic facilities such as schools, streets, and utility services. 8. It will not create traffic congestion based on the applicants traffic impact analysis. Flooding and drainage will be addressed appropriately through a SFWMD permit, and not to affect the surrounding properties. Nor will the development affect public safety. DECEMBER 4, 2007 - REGULAR MEETING - PAGE 9 OF 18 35 VII. PUBLIC HEARING CONTINUED. B. 2. b) Public comments and discussion regarding proposed Ordinance No. 9. The proposed use has not been inordinately burdened by unnecessary restrictions as the only restrictions on the 1002 continued. proposed use are those associated with a PUD, which along with the compensating flexibility of the PUD, is especially suited to properties on which are situated environmentally sensitive lands. Mayor Pro-Tem Watford yielded the floor to the applicant. Attorney John Cassels and Mr. Rasco were present to address any questions. Council Members Markham and Watford noted this plan appears to be a better fit than the previous proposed development that was denied. It was also noted that the separate parcel to the North of 9th Street was not part of this application. Mayor Pro Tern Watford asked whether there were any comments or questions from the public? There were none. c) Vote on motion. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. C.1. a) Motion to read by title only proposed Ordinance No. 1003 regarding Council Member L. Williams moved to read by title only, proposed Ordinance No. 1003 regarding Rezoning Petition Rezoning Petition No. 07-014-R, submitted by Building Blocks Day No. 07-014-R, submitted by Tammy Black, owner of Building Blocks Day Care Center to change the zoning Care Center, to change the zoning designation from CLT to CPO on designation from CLT to CPO on Lots 7 and the North -half of 8, of Block 40 and Lots 11 through 12 of Block 35, First Lot 7 and the North half of Lot 8 of Block 40 and Lots 11 -12 of Addition to South Okeechobee; seconded by Council Member C. Williams. Block 35, First Addition to South Okeechobee - City Planning Consultant (Exhibit 3). 11 b) Vote on motion to read by title only. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1003 by title only. Attorney Cook read proposed Ordinance No. 1003 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARL Y DESCRIBED HEREIN, FROM LIGHT COMMERCIAL (CLT) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Motion to adopt Ordinance No. 1003. 111 Council Member Markham moved to adopt proposed Ordinance No. 1003; seconded by Council Member C. Williams. We DECEMBER 4, 2007 - REGULAR MEETING - PAGE 10 OF 18 VII. PUBLIC HEARING CONTINUED. C. 2. b) Public discussion and comments (on proposed Ordinance No. The subject property has an existing daycare facility on site. The CPO Zoning is to remedy a mistake made in 1994 1003). when the applicant received a CLT zoning which did not allow the daycare. As such, the applicant has requested CPO that allows a day care facility as a special exception use, which was obtained and granted several years ago. The Planning Board is unanimously recommending approval, as well as Planning Staff, based on the findings summarized from the Planning Staff Report: 1. The proposed use is not contrary to Comprehensive Plan requirements. Neither the existing use nor the CPO zoning is contrary to the requirements of the Comprehensive Plan. The Future Land Use Map shows that the subject property is within the Commercial category and the request for CPO zoning is consistent with the Commercial Future Land Use category. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. A day care center is authorized as a special exception use under the requested CPO Zoning district. The applicant will need to submit an application for a special exception to allow continuation of the current use. 3. The proposed use will not have an adverse effect on the public interest. There is no evidence that the existing use has had an adverse affect and none are expected in the future should the use continue. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The existing use has been compatible with the surrounding area and will continue to be under the proposed CPO zoning. 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. Continuation of the day care facility at this location will not affect property values in the neighborhood. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. The use can be buffered with landscaping should it be necessary. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The existing use will not increase demand upon schools or utility services. Traffic impacts will be minimal as there will be no increase in the flow of traffic on the surrounding roadways. In fact, retail and personal service usesare allowed in the CLT district, but not in the CPO district, are typically more intensive and have the potential to generate higher volumes of traffic than the limited office and special exception uses allowed in the CPO district. I 1 DECEMBER 4, 2007 - REGULAR MEETING - PAGE 11 OF 18 3 VII. PUBLIC HEARING CONTINUED. C. 2. b) Public discussion and comments on proposed Ordinance No. 1003 III 8 The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. continued. Continuation of the current use will create no traffic congestion, flooding or drainage problems. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The property is subject to no extraordinary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change will not constitute a grant of special privilege to the owner. Mayor Pro Tern Watford asked whether there were any questions or comments from the public? There were none. The only comment from the Council was that this basically is to clean-up a problem that was created when the new land development regulations were adopted. The existing use was permitted to remain, although the type of zoning that was previously designated CII was changed to CLT. However, upon sale of the property, bringing all codes up to date was triggered, causing the rezoning. c) Vote on motion. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. D.1. a) Motion to read by title only proposed Ordinance No. 1004, Council Member L. Williams moved to read by title only proposed Ordinance No. 1004, Comprehensive Plan Small Comprehensive Plan Small Scale Future Land Use Map Scale Future Land Use Map Amendment Application No. 07-013-SSA, submitted by Steven Ramunni, Esquire, on Amendment Application No. 07-013-SSA, submitted by Steven behalf of property owner, Mary Ann Newcomer; seconded by Council Member C. Williams. Ramunni, Esquire, on behalf of property owner, Mary Ann Newcomer - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1004 by title only. Attorney Cook read proposed Ordinance No. 1004 by title only."AN ORDINANCE OF THE CITYOF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BYREVISING THEFUTURELANDUSEMAPONA CERTAIN TRACTOFLANDMOREPARTICULARL Y DESCRIBEDHEREINFROM COMMERCIAL TOINDUSTR►AL; PROVIDINGFOR►NCLUSIONOFORDINANCEAND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. " DECEMBER 4, 2007 - REGULAR MEETING - PAGE 12 OF 18 VII. PUBLIC HEARING CONTINUED. D. 2. a) Motion to adopt proposed Ordinance No. 1004. Council Member Markham moved to adopt proposed Ordinance No.1004; seconded by Council Member C. Williams. b) Public discussion and comments. The Planning Board reviewed the land use application at their November 15, 2007 meeting and voted unanimously to find the request in -consistent with the Comprehensive Plan. Both the Planning Board and Planning Staff are recommending denial of the land use change. Mr. Brisson reviewed Planning Staff Report findings as follows: The Applicant is requesting a Future Land Use Map Amendment to Industrial and will subsequently apply for a rezoning to Industrial to allow an off -premises sign to be constructed on the property. The subject property is located in the western part of the North West Park Street (a/k/a State Road 70 West) corridor at the western extremity of the City's business district (CBD zoning) and within a predominately commercial area. A. Consistency with the Land Use Categories and Plan Policies. The current and proposed uses for the property are consistent with the Industrial Future Land Use Category and the policies that which govern this category. However, with the exception of the park to the west of the subject property, surrounding land use designations, zoning, and existing uses are largely commercial rather than industrial. Staff does not believe that a change to an industrial land use designation at this site is consistent with sound planning as it inserts the possibility for manufacturing or processing activities into an area intended for office, retail, wholesale and related commercial activities. As such, Staff does not believe the requested amendment is consistent with the Goal set forth on page 1 of the Future Land Use Element, and which reads as follows: `Through a well -planned mix of compatible land uses, the City of Okeechobee shall continue to maintain a high quality living environment, presence its distinctive natural and historic resources, and provide public services to its residents at a minimum cost." B. Concurrency of Adequate Public Facilities. The subject property contains an existing commercial use that is already enjoys provision of public utilities from the City and traffic volumes in the area will not likely change as a result of a change to the Industrial land use category. Staff sees no likelihood of concurrency deficiencies associated with the requested plan amendment. C. Compatibility with Adjacent and Nearby Land Uses. While there is nothing inherently incompatible with industrial uses in close proximity to commercial uses, Staff does not believe that the insertion of the potential for heavy industrial at the perimeter of the City's CBD is good planning and is incompatible with the predominantly commercial character of the SR 70 corridor in this area, and particularly in relation to the CBD. DECEMBER 4, 2007 - REGULAR MEETING - PAGE 13 OF 18 39 VII. PUBLIC HEARING CONTINUED. D. 2. b) Public discussion and comment regarding proposed Ordinance No. D. Pattern of current land use and zoning designations. The City has treated abandoned railroad rights -of -way in the 1004 continued. general vicinity of the subject property in an inconsistent manner with regard to assigning future land use designations. In some instances, abandoned railroad rights -of -way are shown as Industrial on the Future Land Use Map (FLUM); sometimes the lands remain undesignated; and in still others, a residential designation has been applied. Application of zoning to these lands has been somewhat more consistent in that most of the lands have been zoned Industrial, although sometimes in conflict with the future land use designation. Staff believes the application of Industrial zoning is a holdover from the lands' prior association with the railroad, and does not necessarily reflect the most appropriate designation from a planning perspective. Consequently, the existing land use and/or zoning classifications (or lack thereof) do not provide a basis upon which to make land use decisions for nearby properties. The abandoned railroad rights -of -way in this area and elsewhere in the City need to be examined so that their Future Land Use designations and Zoning classifications can be assigned based on sound planning principles rather than justtheir prior association with the railroad use. While the Applicant may have no intention of introducing manufacturing or processing onto the site, amending the plan as requested will afford current and future owners the potential to do so. These types of uses, which would be allowed only with industrial land use designation, would not be compatible with the commercial character of the area. To allow the possibility of their introduction into the area would be inconsistent with good planning and the Future Land Use Element Goal. Therefore, Staff recommends denial of the requested amendment. Attorney Steven Ramunni, Post Office Box 1118, Labelle, Florida addressed the Council on behalf of the property owner, by offering a brief summary of the issues with this application and a previous building permit that was found to be issued in error. In attendance with Attorney Ramunni was a Planning Consultant, Mr. Stephen Pizado, who gave a summary of why he believes the land use change would be consistent with the City's Comprehensive Plan and surrounding uses. Discussion ensued between the Council, City Staff and representatives for the applicant. Mayor Pro Tern Watford asked whether there were any comments or questions from the public? There were none. The Council concluded that the Planning Staff and Planning Boards recommendation should be up held. That the c) Vote on motion. findings based in the Planning Staff Report are substantial, Application No. 07-013-SSA was found not consistent with the Comprehensive Plan, as specifically noted in the Planning Staff Report. Therefore the vote was as follows: VOTE KIRK - ABSENT MARKHAM - No WATFORD - NO C. WILLIAMS - NO L. WILLIAMS - No MOTION DENIED. TO DECEMBER 4, 2007 - REGULAR MEETING - PAGE 14 OF 18 VII. PUBLIC HEARING CONTINUED. E.1. a) Motion to read by title only proposed Ordinance No. 1005, Council Member L. Williams moved to read by title only, proposed Ordinance No. 1005, regarding Comprehensive Plan Comprehensive Plan Small Scale Future Land Use Map Small Scale Future Land Use Map Amendment Application No. 07-014-SSA, submitted by Vikki Aaron on behalf of Amendment Application No. 07-014-SSA, submitted by Vikki Aaron property owners, Gwynn K. and Linda P. Johnson to change the land use designation from C and RSF to IND on Lots on behalf of property owners, Gwynn K. and Linda P. Johnson - City 1 to 7 and 17 to 26 of Block 36, City of Okeechobee subdivision; seconded by Council Member C. Williams. Planning Consultant (Exhibit 5). VOTE b) Vote on motion to read by title only. KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1005 by title only. Attorney Cook read proposed Ordinance No. 1005 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITYOFOKEECHOBEECOMPREHENSIVEPLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLYDESCRIBEDHEREINFROMCOMMERCIALANDSINGLEFAMIL YTOINDUSTRIAL;PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. ,, 2. a) Motion to adopt Ordinance No. 1005. Council Member Markham moved to adopt Ordinance No. 1005; seconded by Council Member C. Williams. b) Public discussion and comments. Mr. Brisson presented the Planning Staff Report findings, as they are recommending approval. The Planning Board is recommending approval as well, upon review of the application at their November 15, 2007 meeting. However, the vote was not unanimous. The subject property has been under the ownership of the applicants since 1976, has been and continues to be used for a machine shop. The site was designated as Commercial and Single Family on the Future Land Use Map by the Central Florida Regional Planning Council. The Applicants would like to amend the Future Land Use Map to Industrial to be consistent with the longstanding industrial use of the property and its existing IND Zoning. A. Consistency with the Land Use Categories and Plan Policies. The Applicants' request is consistent with Comprehensive Plan and the Future Land Use Element. Granting this request would eliminate the inconsistency between the Future Land Use and Zoning, thereby implementing Policy 2.4 of the Future Land Use Element. Further, the request is consistent with Industrial future land use category as described in Policy 2.1(e). B. Concurrency of Adequate Public Facilities. The subject property is now served by OUA and because the existing use is merely being continued, no further burden can be expected upon provision of water and server services. Similarly, traffic should not be increased beyond that anticipated under the long-standing industrial zoning. C [l DECEMBER 4, 2007 - REGULAR MEETING - PAGE 15 OF 18 41 VII. PUBLIC HEARING CONTINUED. E. 2. b) Public discussion and comments regarding Ordinance No. 1005 continued. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VIII. NEW BUSINESS. A.1. a) Motion to read by title only and set January 15, 2008 as a final public hearing date for proposed Ordinance No. 1006 regarding Rezoning Petition No. 07-015-R, submitted by Bradley G. Goodbread, on behalf of property owner GAGBEE, Inc., to change the zoning designation from Residential Single Family -One (RSF-1) Zoning District to Heavy Commercial (CHV) Zoning District on a certain tract of land consisting of 0.325 acres - City Planning Consultant (Exhibit 6). b) Vote on motion to read by title only. C. Compatibility with Adjacent and Nearby Land Uses. The requested Industrial Future Land Use category would be compatible with the adjacent and nearby uses. The property is surrounded mainly by vacant properties and because the site has been in operation for so many years, Staff does not expect the requested amendment to create any new problems of incompatibility. D. Compliance with Specific Standards of the Plan. Based on the above information, this request is compliant with the specific standards of the Comprehensive Plan. The Plan's Goals, Objectives and Policies support Industrial uses at this location. The property owner, Mr. Kelly Johnson, was present and briefly asked the Council to consider approving the ordinance. He was not aware of the land use changes that took place several years ago until he recently ordered an appraisal of the property. The processing fee's were waived for this application by Attorney Cook, as it was considered a mapping error by CFRPC. KIRK - ABSENT C. WILLIAMS - YEA MARKHAM - YEA L. WILLIAMS - YEA MAYOR PRO TEM WATFORD CLOSED THE PUBLIC HEARING AT 6:48 P.M. WATFORD - YEA MOTION CARRIED. Council Member L. Williams moved to read by title only, and set January 15, 2008 as a final public hearing date, for proposed Ordinance No. 1006 regarding Rezoning Petition No. 07-015-R, submitted by Bradley G. Goodbread, on behalf of property owner GAGBEE, Inc., to change the zoning designation from RSF-1 to CHV on a certain tract of land consisting of 0.325 acres; seconded by Council Member C. Williams. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. DECEMBER 4, 2007 - REGULAR MEETING - PAGE 16 OF 18 VIII. NEW BUSINESS CONTINUED. A.1. c) City Attorney to read proposed Ordinance No. 1006 by title only. Attorney Cook read proposed Ordinance No. 1006 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAM►L Y-ONE (RSF-1) ZONING DISTRICT TO HEAVYCOMMERCIAL (CHV)ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 1006. b) Discussion. c) Vote on motion. B. Consider a complaint in Okeechobee Estates regarding a lawn mowing issue - Bill Acheson (Exhibit 7). C. Motion to approve a Police Officers' Pension Trust Fund Agreement Concerning Deduction from Retirement Benefits for Qualified Health Insurance Premiums - Chief Davis (Exhibit 8). Council Member Markham moved to approve the first reading of proposed Ordinance No. 1006; seconded by Council Member C. Williams. The subject property is Lots 8 and 9 of Block 46, First Addition to South Okeechobee. Mr. Goodbread recently purchased the property. Previously he had applied and was granted a rezoning for the entire block, excluding these lots. This will complete the zoning designation. However an alley closing application will follow. Mr. Brisson briefly reviewed the Planning Staff Report. Both the Planning Board and Planning Staff are recommending approval. KIRK - ABSENT C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. Mr. Acheson was not present when this item was ready to be discussed, therefore the matter was not presented. However, Mr. Acheson arrived at 7:10 p.m. and the matter was considered later during the meeting. Mr. William Acheson of 302 Southeast 8th Avenue addressed the Council regarding a problem he was having with his neighbor blowing the grass clipping out of his yard, into the City street, which then blew into Mr. Acheson's yard. City Code Book Section 30-34 addresses the matter and prohibits yard debris and clipping from being purposely blown into the City street. Administrator Whitehall presented information as to the status of the matter based on the Code Enforcement and Public Works Department's involvement. The matter has been an ongoing situation, with City Staff handling it as best as possible. The Council thanked Mr. Acheson for his time and advised that City Staff will continue to get cooperation from the other land owner, to be sure of his compliance with the City Codes. There was no official action taken on this matter. Council Member C. Williams moved to approve a Police Officers' Pension Trust Fund Agreement Concerning Deduction from Retirement Benefits for Qualified Health Insurance Premiums; seconded by Council Member L. Williams. There was a brief discussion on this item. It was noted that the cover letter from the pension attorney referred to an agreement for the Fire Pension Fund as well. However, that agreement was not presented to be approved. 1 DECEMBER 4, 2007 - REGULAR MEETING - PAGE 17 OF 18 43 Vill. NEW BUSINESS CONTINUED. C. Motion to approve a Police Officers' Pension Trust Fund Agreement Concerning Deduction from Retirement Benefits for Qualified Health Insurance Premiums continued. D. Motion to adopt proposed Resolution No. 07-12 regarding the Okeechobee Legislative Delegation for the 2008 Legislative Session - City Administrator (Exhibit 9). E. Consider Alley Closing Application No. 86, submitted by Rudd Jones, P.E. & Associates on behalf of Fosler, LLC - City Clerk (Exhibit 10). VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member C. Williams moved to adopt proposed Resolution No. 07-12 regarding the Okeechobee Legislative Delegation for the 2008 Legislative Session; seconded by Council Member L. Williams. Items denoted on the proposed resolution were: Canal Clean-up Program; Stormwater Retrofit; Municipal Building Improvements; Support of OUA Sewer Capacity Issue; FDOT Signalization/Intersection Improvements; and the Battlefield Historic State Park. Council Member C. Williams asked, in light of the recent FDOT presentation to the County Commissioners regarding the delay of improvements and widening of State Road 70, should that be added to the list. Following a brief discussion between the Council, Administrator Whitehall and Economic Council Executive Director who reiterated the discussion at the BOCC meeting, Council Member C Williams moved to amend proposed Resolution No. 07-12 to add the improvements and widening of State Road 70; seconded by Council Member L. Williams. VOTE ON MOTION TO AMEND KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED To AMEND. VOTE ON MOTION AS AMENDED KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED AS AMENDED. Alley Closing Application No. 86 was presented for the Council to discuss. The application was submitted by Steve Dobbs of Rudd Jones, P.E. & Associates on behalf of the property owner, Fosler, LLC. The request is to close the East to West alleyway between Lots 1 to 10 and 17 to 26 of Block 28, City of Okeechobee subdivision. The North to South alleyway will remain open. The utility companies are not requiring easements, as there are no existing utilities. The only objection presented by City Staff was by Engineer Bermudez due to the Cily's drainage problems. Mr. Dobbs explained that the property is proposed for a multi -family development and onsite retention will be addressed, which in return could assist with the drainage issues. When asked when the site plan would be available, Mr. Dobbs replied that he planned to present it at the December Technical Review Committee meeting. The Council reguested a copy of the site plan and any additional information discussed at the TRC meeting regarding the project. DECEMBER 4, 2007 - REGULAR MEETING - PAGE 18 OF 18 Vlll. NEW BUSINESS CONTINUED. E. Consider Alley Closing Application No. 86, submitted by Rudd Council Member Markham moved to proceed with the Alley Closing Application (No 86) and instructed Jones, P.E. & Associates on behalf of Fosler, LLC continued. Attorney Cook to draft the appropriate ordinance to be presented for first reading on January 15, 2008• seconded by Council Member L. Williams. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. IX. ADJOURN MEETING - Mayor. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR PRO TEM WATFORD ADJOURNED THE III MEETING AT 7:16 P.M. The next regularly scheduled meeting is January 15, 2008, at 6:00 p.m. 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: Lane Gamiotea, CMC, City Clerk " - W/� -, � / r' 411 Dowling R. Watford, Jr., Mayor ro-Tempore Page -1- CITY OF OKEECHOBEE - December 4, 2007 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Dec 4, 2007, City Council Regular Meeting 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pledge of f Allegiance led by Mayor 111. MAYOR, COUNCIL AND STAFF ATTENDANCE City Clerk. Present Absent Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams. Council Member Lydia Jean Williams 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 A. Council Member 4V: _MINUTES - City- �'�' moved to dispense with the reading and approvee _ _ --- �-- � ber �tTmma � � rt �4ctron- forthg�ttl6/20Q � f3e utar Meetin -seconded b _Councit Mem ry � 9 �, Y VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTION: DENIED/ RRI b. V. WARRANT REGISTERS - 7 ty Administrator. A. Council Member ��, l,'� moved to approve the October 2007 Warrant Register in the amounts: General Fund six hundred thirty thousand, four hundred twenty-two dollars and fprty- seven cents ($630,422.47); Public Facility Improvement Fund, nine thousand, six dollars and thirty- eight cents ($9,006.38); Community Development Block Grant Funy, one thousand, eight hundred sixty-nine dollars ($1,869.00); seconded by Council Member AA VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM U WATFORD C. WILLIAMS L. WILLIAMS' �- MOTION: DENIE CARRIE�. Page -2- VI. AGENDA - Mayor. A. Mayor Kirk asked whether there were any additions, deferrals or withdrawals of items on today's agenda? 1/I1. MAYOR OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT f C,� P.M. A.1. a) Council Member moved to read by title only, proposed Ordinance No. 1Q01 regarding Rezoning Petiti6 No. 07-011-R, submitted by Kelly Kite on behalf of Okeechobee SF00 LLC to change the zoning designation from RMF to CHV n N27 unplatted acres located at 11'08 North Park Street, East; seconded by Council Member b) Vote on motion to read by title only VOTE YEA NAY ABSTAIN ABSENT KIRK r✓ MARKHAM WATFORD C. WILLIAMS L. WILLIAMS �^ MOTION: DEN CARRIE , c) Attorney Cook read proposed Ordinance No. 1001 by title only as follows: "ANORDINANCEOFT'HE CITY OFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAMILY RMF ZONING DISTRICT TO HEAVY COMMERC L P (CHV) ZONING DISTRICT; AMENDING THE ZONING MAACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2, a} _-Coonsil Merpoer - moved to adopt -Ordinance -No.-1001-seconded by Coua0l Member b) Public comments and discussion. �, ( J Mayor Pro-Tem Watford asked whether there were_any questions or comments from m the public. _. r A Future Land Use Map Amendment (Application No. 07-012-SSA), for this property was approved at tOe 7November 6, 2007 City Council meeting. The entire site is currently vacant and undeveloped except for ne single-family home. The northern portion of the property encompassing about 0.8 acres, and fronting on N1 Park Street, East (State Road 70 East) to a depth of about 110 feet is already zoned Heavy CommerEial (CHV), is the location for the proposed bank and restaurant. The southern 5.5 acres is the subject of 166 requested rezoning from RMF to CHV. The applicant is proposing to develop an 85-room hotel on the cart of the site for which the rezoning is being sought. However, if rezoning is approved, the Applicant, or any future owner of the property, will not be required to limit future development of the site to any specific use, taut may develop any use allowable within the CHV zoning district. There were 52 notices sent to the surrounding property owners with two responses objecting to the rezoning, John and Kim Burnett of 177 Southeast Avenue. The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. The Plangpg Board reviewed the rezoning petition at their October 18, 2007 meeting and voted unanimously to find the rezoning consistent with the Comprehensive Plan. They are recommending the City Council approve the rezoning with the stipulation that the level of traffic stays stable as indicated in the applicant's traffic analysis relative to the type of business. Mr. Brisson reviewed Planning Staff Report findings as follows: 1. The proposed use is not contrary to Comprehensive Plan requirements, as the prposed uses noted above are contemplated in the Commercial land use category and allowed under the requested CHV zoning. 2. The proposed use being applied for, a hotel, bank and restaurant, are specifically identified as permitted uses within the CHV zoning district in the Land Development Regulations. 3. The request will not adversely affect the public interest. The Applicant has provided letters from the Okeechobee Utility Authority confirming that the Authority has adequate capacityto provide for the potable water supply and wastewater disposal needs associated with the propose project. The ('e—n+.i hn- rnnnn+lv nnnfirmncl o nnneirferohle Invel_nf avreen nononifv o110i1_ah1e to conic the enlicl wticlte 0 ............................ . Page -3- - - disposal needs of other major developments in the City. It appears reasonable that the volume of solid waste associated with -a devetopmentof this size can also be accommodated within the capacity otheCounty'sSolid Waste Facility. TheCity's adopted level_ of service standard (LOSS) for SR 70 and US 441 /SR 7 is "C and for local roads is "D". The Applicant has furnished a revised Traffic Impact Analysis addressing questions and concerns initially -posed by -the Staff and -which -shows -that -the impact ofthe proposed project -on -SR 70, US- - 441/SR 7, and SE 10th and SE 13th Avenues will be insignificant. In none of these cases does the project's impact amount to as much as 5 percent of the traffic volume associated withl- adopted level of service for these roadways. Therefore, the Applicant has stated that the project is deemed not to-. have a significant_ impact on these roadways._Staff has identified a_few additional areas where corrections or additional analyses are needed and has provided the Applicant with the comments. The Applicant -provided the -changes -at the Planning -Board -meeting. SR 70, and US 441 South of SR-70, are constrained roadwaysand-arepresently operating attrafficvotumes in excess of their design capacities. This is commonly referred to as operating at a level of service "F". In fact, after construction of this development these roadways will be operating between 20 and 70 percent over their design capacities for both daily traffic and -the _PM Peak period. This isoff _icially_referred to as operating at _a _ vehicle to capacity ratio of between 1.2 and 1.7. While the Applicant's contribution to this situation is relatively minimal, the cumulative impact of new -developments -in -the -future is of considerable concern to -us Since -any additional traffic to these roadways will only continue to make matters worse, we suggest that the City consider implementing a policy that would not attow-approval of any future requests -for -rezoning or amendments to the comprehensive plan that will increase the density or intensity on lands that will generate traffic onto these constrained roadways. The project will also affect two local roadways: SE 10th and 13th Avenues. The impacts on these local roads are {projected to represent only 4 29-percent and 5..36 percent, respectively, -of the levels of service of these roadways and will not degrade their level of service below LOS D. However, since the intersection.of SR 70 and -SE 10th Avenue "faits in three approaches, and on anoveTaft basis, atthe PM Peak, with-orwithoutthe traffic generated by the project, the Applicant will need to contribute at the development order stage its fair share of the cost of making the necessary improvements (i.e., whether through signal timing adjustments within the existing geometry of the intersection or any turn lane improvements that might_mitigate a failing situation). This may also be the case for the intersection of SR 70 and SE 13th Avenue. Further, it should be noted that the projected traffic and associated effects upon the aforementioned roadway are based on a development scenario involving 85 hotels rooms, 3,400 square feet of branch bank offices; a 5,800 square foot high -turnover sit-down restaurant. To the extent that the requested amendment is found to be within acceptable traffic generation parameters, it is based only on a project of a similar intensity. If a different development of differing character and greater intensity should be proposed in the future, it would be subject to additional concurrency review. 4. The use is appropriate for the location proposed as it continues a pattern of concentrating the more intensive commercial and other nonresidential uses in nodes located on the City's two major arterial roadways. Further, a major land use amendment to Commercial and rezoning to CHV has been approved on about 16 acres on the North side of SR 70, paving way for a major commercial concentration in the immediate vicinity. Frontage on the south side of SR 70 (the site of associated out -parcels) already carries a Commercial land use designation and CHV zoning. The full service U. S. Post Office is located immediately to the west of -the subject property and a convenience store and equipment repair operation are adjacent to the northeast portion of the site. The properties to the south of the property are vacant, but are designated Single -Family on the Future Land Use Map but are zoned RMF. When developed, this area will likely be in residential use. This potential residential area can be protected from the effects of the proposed commercial development through the use of stormwater retention facilities as a spatial buffer. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The most likely effect on nearby property will be to promote improvement and redevelopment of the adjacent commercial properties, as these are either undeveloped or of a lesser quality development than the proposed use. Vacant, residentially designated properties to the --------------- t3 — s • Page -4- south should not be adversely affected as they will likely be separated from the proposed commercial usies by areas likely to be used for drainage retention. 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. However, care will need to be -taken to ensure that ttie four existg single-family homes immediately east of the proposed development (fronting on SE 13th Avenue) at,e adequately buffered to reduce the likely impacts of the proposed commercial development nearby. 7. The proposed uses will be commercial and will not create an inappropriate density pattern nor have ariy impact on schools, and the utility needs of the project are within the available capacities of the local utility providers. The proposed commercial use are consistent with the pattern of intensity established or anticipated in the area. While there will be some increase in traffic on SR 70, US 441, SE 10th Avenue, the Applicants Traffic Impact Analysis has shown this to be insignificant in relation to the existing and adopted levels Of service. The traffic analysis also shows that SE 13th Avenue may experience an increase in traffic as a result of a possible secondary access at the southeast corner of the property, but this will also be negligible. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect puOIc safety. The Applicant's traffic impact analysis indicates that the proposed use will not reduce the level; pf service on the affected roadways and have only negligible impacts -upon -new y major roadways and to*l roads. A stormwater management system will be designed to meet standards developed by the oversight agencies to address flooding and drainage, Management -systems designed to these standards will result to lower potential for off -site flooding and drainage impacts. No negative affects on public safety will occu(as a result of the proposed use. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictionsjon the proposedusesare those commonly applied to commercial-usesin the City's Comprehensive Plan ancts Land Development Regulations. u•��.,- MCA&& h4_�� c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS v MARKHAM WATFORD v L. WILLIAMS MOTION: DENIE ARRI . Page -5- B.1. a) Council Member moved to read by title only proposed_ Ordinance No. 1002 regarding Rezoning Petit n No.07-013-R, submitted by Jose Rasco on behalf of property owner 15th Street Homes_LLC, to changQ the-zoningdesignation from Residential _Single_Family-One (RSF-1) and_ Holding (H) Zoning Districts to Planned Unit Development -Residential (PUD-R) Zoning District on a certain tract of land sti g of-50.478 acres-- City Planning- Consultant- jExh ll 2) --seconded by Council Member - b) Vote on motion to read by title only. VOTE YEA _NAY ABSTAIN- ABSENT KIRK _ t/ C. WILLIAMS MARKHAM WATFORD t/ - _ L.-WtLLIAMS- MOTION: DENI / ARRI c) Attorney Cook read proposed Ordinance No. 1002 by title only, as follows: `AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING -A CERTAIN _TRACT .OF .. LAND MORE PARTICULARLY_ DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) AND HOLDING (H) ZONING -DISTRICT -TO-PLANNED -UNIT--DEVELOPMENT(PUD-RI ZONING - DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, -- SEVERABILITY-AND AN EFFECTIVE DATE — -__- 2. a) Council Member moved to adopt proposed Ordinance No. 1002; seconded by Council Member Public comments and discussion. LJ The p oposed use is n�%Oaryt�tomprehonsivefltan-r8�quirements. The applicant is requesting to rezone the above -described property from its current zoning of RSF1 to PUD-R in conjunction with a concept plan for the development of 136 detached single-family homes on a variety of lot sizes. Such a use is contemplated in the PUD-R zoning district. — 2. The proposed use being applied forisspecificallyauthorized under the zoning district in the Land Development Regulations. Yes. A resid$ntial planned unit development is specifically identified as a permitted use under Division 13 of the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. No,.the project will not adversely -- affect the public interest. Specifically with -regard to the availability of public facilities, Staff has determined the following: According to the U.S. Census, the City of Okeechobee averages approximately 2.7 persons per - household (pph). Thus, thedevelopment-ofthis property could generate approximately 367 additional residents (2.7 pph x 136 d.u.) Potable Water: The adopted LOSS for potable water is 114 gpcpd. The impact for the proposed development is as follows 136 units X 2.7 pph x 114 gpcpd = 41,838 gpd. The Applicant has submitted a copy of the developer's agreement indicating the ability of OUA to provide the needed potable water to the project. . Sanitary Sewer: The adopted LOSS for sanitary sewer is 130 gpcpd. The impact for the proposed development is as follows: 136 units X 2.7 pph x 130 gpcpd = 47,710 gpd. The Applicant has submitted a copy of the developer's agreement indicating the ability of OUA to provide the needed sanitary sewer services to the project. Solid Waste: The adopted LOSS for solid waste is 13 Ibs/person/day. The impact for the proposed development is as follows: 136 units X 2.7 pph x 13 pounds per person per day = 4,771 ppd. The County has recently confirmed a considerable level of excess capacity available to serve the solid waste disposal needs of other major developments in the City. It appears reasonable that the volume of solid waste associated with a development of this size can also be accommodated within the capacity of the County's Solid Waste Facility. Page -6- Drainage: The proposed development will be required to meet all standards required by the City of Okeechobee and the South Florida Water Management District. Parks & Recreation: The adopted LOSS for parks and recreation is 3 acres/1,000 persons. Based on the estimated population, the minimum acreage requirement for parks and recreation would be approximately 1,1 acres of recreation/open space. The Applicant has identified park areas in the concept plan in excess of this requirement. Traffic: The Applicant has submitted a Traffic Analysis of the projected impact of the proposed project. The _- findings of the Applicant's Traffic Analysis are summarized as follows: The proposed project is primarily served by local roads, with access provided by SE 9th and 15th Streets. The overall impact of the project is minimal on local streets, estimated to less than 2% of the capacity of the most heavily traveled link along SW 9th Street between SW 11 th Avenue and S. Parrott. The Traffic impact Analysis indicates that neither will the level of service on the most heavily traveled nearby local road be reduced por will turn lanes be necessary. .. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is riot - contrary or detrimental to urbanizing land use patterns. Yes: The property involved is surrounded by single-family development. The concept plan for the proposed development includes only single-family homes, although the lot sizes are smaller than those of the surrounding area. There is nothing inherently incompatible between single-family uses of differing charact such as differences in lot sizes. The expected sizes_ of the residential structures would not be expected toe out -of -scale with surrounding development and will not be detrimental to land use patterns in the area. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the _ improvement-or-devetopment of adjacent property. -- The proposed single-family development, while employing smaTfer lot sizes than the surrounding area, is of similar density, height and intensity with_surroundng_dev_elopmentl limits the points access to the_surrouncliig road network, provides for recreational and open spaces for the intended residents and should not materially .affect- the property values orlivingconditions sn-surroundi .F�ropexties . n9 �-- The proposed use can be suitably buffered from surrounding uses, seas to reducethe impact of anynuisahce or hazard to the neighborhood As a PUD, all structures on the site will be set back at least 20 feet from the perimeter of the property. apd surrounding residential uses he entire site will have a minimum The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. While lot sizes are smaller, because of the eagle's nest and wetlands on the site, the overall density of the project is lower than that normally associated with single-family residential uses and the density of adjacent lands. The adequacy of public utilities and the impact on streets have previously been discussed and found to be acceptable. While the actual number of school children has not be estimated, Staff believes at least a substantial portion of the units are likely to be occupied by other than families with school age children. Because of the number of smaller units on smaller lots, the number of school children is likely to be lower than that that would be - - expected if larger lot development were proposed, even if the number of larger lots were lower than that anticipated under the concept plan associated with the requested rezoning. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public _ safety. The Applicant's traffic impact analysis indicates that the proposed use will not reduce the level of service on the affected roadways and have only negligible impacts upon nearby major roadways and local roads, • A stormwater management system will be designed to meet standards developed by the oversight agencies to address flooding and drainage. Management systems designed to these standards will result in lower potential for off -site flooding and drainage impacts. No negative affects on public safety are expected to occur as a result of the proposed rezoning. .......... .. . ........ . Page -7- The proposed use has not been inordinately burdened by unnecessary restrictions. No. The only restrictions on the proposed uses are those associated with a planned unit development which, along with the compensating flexibility of the PUD,_is especially suited to properties on which are situated environmentally _ sensitive lands. - O'l- A*- AW _ oaC 'Ito Diu 4f e UjW kLC4 &(Aj cslZZ Q�Ocd ..._.-...... c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK v C. WILLIAMS v MARKHAM v WATFORD L. WILLIAMS MOTION: DENIED ARRIE . Page -8- C.1. a) Council Member moved to read by title only proposed Ordinance No. 1003 g Petiti No. regarding Rezonin07-014-R, submitted by Building Blocks Day Care Center, to change the zoning designation from CLT to CPO on Lot 7 and the North half of Lot 8 of Block 40 and Lots 11 - 12 of Block 35, First lynSouth Okeechobee - City Planning Consultant (Exhibit 3); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD L. WILLIAMS P4;) MOTION: DENT c) City Attorney to read proposed Ordinance No. 1003 by title only. "AN ORDINANCE OF THE CITYOF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, F90M LIGHT COMMERCIAL (CLT)_ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILI►Y AND AN EFFECTIVE DATE." 2.• a) Council Member moved to adopt proposed Ordinance No. 1003; seconded by Council Member b) P blic discussion and comments. The subject property has an existing daycare facility on site. The CPO Zoning is to remedy a mistake made ift-1994 when -the applicant -received a CLT zoning which- did not allow the daycare. As such the applicant has come before you to request CPO that allows a day care facility as a special exception use. The applicant.will -also need to submit an application for special exception: 1. The proposed use is not contrary to Comprehensive Plan requirements. Neither the existing use nor the CPO zoning is contrary to the requirements of the Comprehensive Plan. The Future Land Use Map shows that the subject property is within the Commercial category and the request for CPO zoning is consistent with the Commercial Future Land Use category. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. A day care center is authorized as a special exception use under the requegted CPO Zoning district. The applicant will need to submit an application for a special exception to allow continuation of the current use. ' 3. The proposed use will not have an adverse effect on the public interest. There is no evidence that,the existing use has had an adverse affect and none are expected in the future if the use continues. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, p,nd is not contrary or detrimental to urbanizing land use patterns. The existing use has been compatible with'the surrounding area and will continue to be under the proposed CPO zoning. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent tothe improvement or development of adjacent property. Continuation of the day care facility at this location will,not affect property values in the neighborhood. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. The use can be buffered with landscaping if necessary. 7. The proposed u will not reate a density pattern that would overburden public facilities such as schools, streets, and utility servic a existing use will not increase demand upon schools or utility services. Traffic imnarrtc will ha minimal nc_thara will nn inr_rpaca in thn flnw of traffic nn the curmiindinn rnatlwnvc_ in fact tha _ Page -9- retail and personal service uses allowed in the CLT district, but not in the CPO district, are typically more intensive and have the potential to -generate higher volumes of traffic than the -limited -office and special - exception uses allowed in the CPO district. - 8. The proposed -use witl not create traffic congestion,-floodingor drainage problems,-"hem4se affect public safety. Continuation of the current use will create no traffic congestion, flooding or drainage problems. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The property is subject to no extraordinary restrictions. - - - The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with -the, public welfare. The proposed change will not -constitute a grant of special privilega-to the -owner: -- �4q �U+ POVAIT _ .. ............. .. c) Vote on motion. _ VOTE YEA NAY ABSTAIN ABSENT - KIRK C. WILLIAMS MARKHAM WATFORD j L. WILLIAMS MOTION: DENIE /CA . Page -10- D.1. a) Council Member moved to read by title only proposed Ordinance No. 1004, Comprehensive Plan Sm ii Scale Future Land Use Map Amendment Application No. 07-013-SSA, submitted by Steven Ramunni, Esquire, on behalf of property ow r, ary Ann Newcomer - 0ity Planning Consultant (Exhibit 4); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM / WATFORD L. WILLIAMS MOTION: DENIE ARR c) City Attorney -to read proposed Ordinance No. 1004 by title only. "AN ORDINANCE OF THECITYQF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCENO. 635ASAMENDED, BYREVISING THEFUTURELAND USEMAP ONA CERTAIN CT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM COMMERCIAL 10 INDUSTRIAL; PROVIDING FORINCLUQNQFORDINANCEANDREVISED_FUTURELANDU$E MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Min moved to adopt proposed Ordinance No. 1004; seconded by _ - Council Member b) -Public discussion and comments. The Applicant is requesting a Future Land Use Map Amendment to Industrial and will subsequently apply for a rezoning to Industrial taaUow an off -premises sign to be -constructed -on the property..- The subjest-prfl y is located in the western part of the SR 70 corridor at the western extremity of the City's CBD and within a __- - predominately commercial area. A. Consistency with the Land Use Categories and Plan Policies. The current and proposed uses for he property. are consistent with the Industrial Future Larid_Use Category and_the pokies_tbat_which-govern #pis category. However, with the exception of the park to the west of the subject property, surrounding land use -- - designations, zoning, and existing uses are largely commercial rather than industrial. Staff does not believe that a change to an industrial land use designation at this site is consistent with sound planning as it inserts - the possibility for manufacturing or processing activities into an area intended for office, retail, wholesale and related commercial activities. As such, Staff does not believe the requested amendment is consistent with the Goal set forth on page 1 of the Future Land Use Element, and which reads as follows: 'Through a well -planned mix of compatible land uses, the City of Okeechobee shall continue to maintain a high - quality living environment, preserve its distinctive natural and historic resources, and provide public services to its residents at a minimum cost." [emphasis added] B. Concurrency of Adequate Public Facilities. The subject property contains an existing commercial use that is already enjoys provision of public utilities from the City and traffic volumes in the area will not likely change as a result of a change to the Industrial land use category. Staff sees no likelihood of concurrency deficiencies associated with the requested plan amendment. C. Compatibility with Adjacent and Nearby Land Uses. While there is nothing inherently incompatible with industrial uses in close proximity to commercial uses, Staff does not believe that the insertion of the potential for heavy industrial at the perimeter of the City's CBD is good planning and is incompatible with the predominantly commercial character of the SR 70 corridor in this area, and particularly in relation to the CBD. D. Pattern of current land use and zoning designations. The City has treated abandoned railroad rights -of -way in the general vicinity of the subject property in an inconsistent manner with regard to assigning future land use designations. In some instances, abandoned railroad rights -of -way are shown as Industrial on the Future Land Use Map (FLUM); sometimes the lands remain undesignated; and in still others, a residential designation has been applied. Page -11- Application of zoning to these lands has been somewhat more consistent in that most of the lands have been zoned Industria[, although, sometimes in conflict with the future land use designation. Staff believes the application of Industrial zoning is a- holdover f_rom_the_lands' prior_association with the ralroadiand does -_ necessarily reflect the most appropriate designation from a planning perspective. Consequently, the existing land use and/or -zoning cla"fica#ions (or-Iack thereof do -not -provide a basis upon which to make land use decisions for nearby properties. The abandoned railroad rights -of -way in this area and elsewhere in the City need to be examined so that their Future Land Use designations and Zoning classifications can be- assigned based -on sound planning principles rather than just their prior -association with -the railroad -use. While the Applicant may haven intent -of introducir�+nanufacturing-or processingonta-the site, amending the plan as requested will afford current and future owners the potential to do so. These types of uses, which -- __ would be attowed only if the-tand-were--designated industrial, woatd-not-be compatible with the commercial character of the area. To allow the possibility of their introduction into the area would be inconsistent with good planning and the Future Land Use Element Goal. Therefore, Staff recommends denial of the requested - _ amendment. 4-wo- obo�_ AM- Sk ^- -_ waoelL =�., f, VcV- , ----`',ono- 00y "?-OJ a&2d - c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM �- WATFORD C. WILLIAMS ✓ L. WILLIAM V_ MOTION: ENI /CARRIED. 0 0 Cw - lu{,nr rb yh a� 4 mJ � I � i C4.0- /:Ojyl i �i • Page -12- E.1. a) council Member moved to read by title only proposed Ordinance No. 1005, Comprehensive Plan Wall Scale Future Land Use Map Amendment Application No. 07-014-SSA, submitted by Vikki Aaron on behalf of property owners, Gwynn K d inda P. Johnson - City Planning Consultant (Exhibit 5); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK ,v MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTION: DENI CARRIED c) City Attorney to read proposed Ordinance No. 1005 by title only. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN_ FROM COMMERCIAL AND SINGLE_ FAMILY TO INDUSTRIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE- PLAN; PROVIDING FOR AN EFFECTIVE DATE. 2. a) Coy Mil ember moved to adopt Ordinance No. 1005; seconded by Council Member b) Public discussion_and_comments. P1 V&_ ttLWALltJlcl o The subject property has -been -under th ewnersh ip of-the-Appkants since 1976-.--ltis-has been an#continues- _ to be used as the location for a machine shop and -the Applicants intend to continue this use. The site is designated -as -Commercial and Single Family on--te-Fuve-tand Use Map: e'to amend the Future Land Use Map to Industrial to be consistent with the longstanding industrial use of the property and its IND Zoning. A. Consistency with the Land Use Categories and Plan Policies. The Applicants' request is consistent with Comprehensive Plan and the Future Land Use Element. Granting -this request -would -efirninate- the - inconsistency between the Future Land Use and Zoning; thereby implementing Policy 2.4 of the Future Land Use Element. Further, the request is consistent with Industrial future land use category as described in Policy 2.1(e). B. Concurrency of Adequate Public Facilities. The subject property is now served OUA and because the existing use is merely being continued, no further burden can be expected upon provision of water and server services. Similarly, traffic should not be increased beyond that anticipated under the long-standing industrial zoning. C. Compatibility with Adjacent and Nearby Land Uses. The requested Industrial Future Land Use category would be compatible with the adjacent and nearby uses. The property is surrounded mainly by vacant properties and because the site has been in operation for so many years, Staff does not expect the requested amendment to create any new problems of incompatibility. D. Compliance with Specific Standards of the Plan. Based on the above information, this request is compliant with the specific standards of the Comprehensive Plan, The Plan's Goats, Objectives and Policies support Industrial uses at this location. ow I Owd OIL+ W4-&L ax VOTEYEA NAY ABSTAIN A SENT KIRK Q� t MARKHAM C�°J WATFORD C. WILLIAMS L. WILLIAMS l!1 MOTION- DFNIFD , • • Page -13- XI. NEW BUSINESS. A. I. a) Council Member moved to read bytitle only and set January 15; 2A.O s a final _ public_near ng date_---- p_ _posed_Ordinan_ce_No. 1006 regarding Rezoning_ Petition N_- _ ' .9, submitted by Bradley G. Goodbread, on behalf of property owner GAGBEE, Inc., to change the zoning designation from Residential Single Family-One{RSF.1) Zoning -District to Heavy Commercial-(CHV) Zoning District on a certain tract of la c sisting of 0.325 acres - City Planning Consultant (Exhibit 6); seconded by Council Member b) Vote 6n motion to read by title only. _ - - VOTE YEA NAY ABSTAIN ABS NT KIRK -MARKHAM __ ✓ _ _ WATFORD -- - C: WILLIAMS L. WILLIAMS MOTION: DENIE c) City Attorney to read proposed Ordinance No. 1006 by title only. AN ORDINANCE OF THE - CITY OF -OKEECHOBEE,- FLORIDA; AMENDING -THE OFFICIAL ZONING _MAP -OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE -_ PARTICULARLYDES£-RISE@HERf1N, FROMfIES -DENT AL SINGLEFAM Ly ONE (RSF-1) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE -ZONING MAP -ACCORDINGLY PROVIDING FOR - CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. 2_ a)_ Council_Member_ mov d tR approve the first reading of proposed Ordinance .No. 1006; seconded by Council Membe r b) Discussion. ., P( c) Vote on motion. VOTE YEA NAY ABSTAIN --AB E T KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS IUnTInNh r1F1UIF fA/ `�RRIF rr Page -14- B. Consider a complaint in Okeechobee Estates regarding a lawn mowing issue - Bill Acheson (Exhibit 7). PILc - 30 SE - Ave pow. 0, M 5fktLf Wo JU40 Craoo � - ghtj� bw - UAW dw 4X do Gj_ e. A-&M _ Page -15- C. Council Member � , _ moved to approve a Police Officers Pension Trust Fund Agreement Concern hg Deduction fromRetire nenf Benefits for uaiifi- �Heaifh fnsurancePremiums - Chief Davis (Exhibit 8); seconded by Council Member .... ......... . ._. ..- ............. VOTE YEA NAY ABSTAIN ABSENT - KIRK - - MARKHAM- WATFORD C. WILLIAMS — L.-WILLIAMS v MOTION: DE D/CARRI . D. Council Member moved to adopt proposed Resolution No. 07-12 regarding the -- Okeechobee Legislative Delegation -far the 2008_ Legislative Session - City Administrator (Exhibit.9); seconded by Council Member CEO off.: - la - - -- - 1/iVL 70 bot u6ft a,2 u /n o fig. Oafrw. - VOTE YEA NAY ABSTAIN A SENT KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS -� MOTION:-DENIE_ CARRI . i w � Page -16- E• Consider Alley Closing Application No. 86, submitted by Rudd Jones, P.E. & Associates on behalf of Fosler, LLC - City Clerk (Exhibit 10). VOTE YEA NAY ABSTAIN A NT KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTION: DEN D/ ARRIED. wN Mka aS�-ou' � �M ��te✓ �� XIL MAYOR ADJOURNED TH ; MEETING AT P.M. AFFIDAVIT O*UBLISHER 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 #013540 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 11/29/2007 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. ----CITY COUNCIL MEETING NO TICE NOTICE IS HEREBY GIVEN that the City Council ofthe City of okeechobee will meet in Regular Session on Tuesday; December 4, 2007 at 6-00 p.m. at City Halt, 55 SE 3rd Ave, Rm 200; Okeechobee, Florida. The public is invited and encouraged to attend. Tor a copy of the agenda contact City Administration at (863) 763-3372.x 212. PLEASE TAKE NOTICE AND BE AD- VISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this meeting, such interested person will need a record of the pro- ceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are used for the sole purpose of back-up for the Clerk's Office. In accordance with the Americans with Disabilities .Net (ADA) and Florida Statute 286.26, persons with disabilities needing special aecommndation to participate in this proceed- ing should contact Lane G-riotea. no later than two (2) working days prior to the proceeding at lrlpai d, call TDD 1800- 22 34481(voice) or impaired. 1-888-447-5620 (iTY). by: James E. Kirk, Mayor City Clerk Lane Gamiotea, CMC, y Publish: 11.292007 - Okeechobee Times JameiA. Hughes, Jr., (Publisher) " V Sworn to and subscribed before me this G �1 / day of l U A. D. 2007 Ctt�- (SEAL) Notary Public O�,JIYPVB, ROSealeeA. Brennan ? ` Commission #DD318483 a . Expires: Jun 25, 2008 �91oFrv"\ Bonded Th u " 'tAtlantic Bonding Co., Inc. CITY OF OKEECHOBEE DECEMBER 4, 2007 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 10F 5 01. CALL TO ORDER - Mayor: December 4, 2007 City Council Regular Meeting, 6:00 p.m. Il. OPENING CEREMONIES: Invocation given by Pastor Ed Stewart, St. Stephens AME; Pledge of Allegiance led by Mayor. Ill. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams City Administrator Brian Whitehall • City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the November 6, 2007 Regular Meeting. DECEMBER 4, 2007 PAGE 2 OF 5 V. WARRANT REGISTER - City Administrator. A. Motion to approve the October 2007 Warrant Register. General Fund $630,422.47 Public Facility $ 9,006.38 CDBG $ 1,869.00 VI. AGENDA - Mayor. • A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No. 1001 regarding Rezoning Petition No. 07-011-R, submitted by Kelly Kite on behalf of Okeechobee SR70 LLC, to change the zoning designation from RMF to CHV on 6.27 unplatted acres - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No.1001 by title only. 2.a) Motion to adopt Ordinance No. 1001. • b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to read by title only proposed Ordinance No.1002 regarding Rezoning Petition No. 07-013-R, submitted by Jose Rasco on behalf of property owner 15th Street Homes LLC, to change the zoning designation from Residential Single Family -One (RSF-1) and Holding (H) Zoning Districts to Planned Unit Development -Residential (PUD-R) Zoning District on a certain tract of land consisting of 50.478 acres - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1002 by title only. DECEMBER 4, 2007 PAGE 3 OF 5 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.2.a) Motion to adopt Ordinance No.1002. b) Public comments and discussion. c) Vote on motion. CA.a) Motion to read by title only proposed Ordinance No.1003 regarding Rezoning Petition No. 07-014-R, submitted by Building Blocks Day Care Center, to is change the zoning designation from CLT to CPO on Lot 7 and the North half of Lot 8 of Block 40 and Lots 11 -12 of Block 35, First Addition to South Okeechobee - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No.1003 by title only. 2.a) Motion to adopt Ordinance No.1003. b) Public discussion and comments. c) Vote on motion. • DA.a) Motion to read by title only proposed Ordinance No.1004, Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-013- SSA, submitted by Steven Ramunni, Esquire, on behalf of property owner, Mary Ann Newcomer - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1004 by title only. 2.a) Motion to adopt Ordinance No.1004. b) Public discussion and comments. c) Vote on motion. DECEMBER 4, 2007 PAGE 4 OF 5 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. E.1.a) Motion to read by title only proposed Ordinance No.1005, Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-014- SSA, submitted by Vikki Aaron on behalf of property owners, Gwynn K. and Linda P. Johnson - City Planning Consultant (Exhibit 5). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No.1005 by title only. • 2.a) Motion to adopt Ordinance No.1005. b) Public discussion and comments. c) Vote on motion. Vill. NEW BUSINESS. A.1.a) Motion to read by title only and set January 15, 2094s a final public hearing date for proposed Ordinance No.1006 regarding Rezoning Petition No. 07- 015-R, submitted by Bradley G. Goodbread, on behalf of property owner GAGBEE, Inc., to change the zoning designation from Residential Single Family - One (RSF-1) Zoning District to Heavy Commercial (CHV) Zoning District on a certain tract of land consisting of 0.325 acres - City Planning Consultant (Exhibit 6). • b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No.1006 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No.1006. b) Discussion. c) Vote on motion. B. Consider a complaint in Okeechobee Estates regarding a lawn mowing issue - Bill Acheson (Exhibit 7). December 4, 2007 PAGE 5 OF 5 Vill. NEW BUSINESS CONTINUED. C. Motion to approve a Police Officers' Pension Trust Fund Agreement Concerning Deduction from Retirement Benefits for Qualified Health Insurance Premiums - Chief Davis (Exhibit 8). D. Motion to adopt proposed Resolution No. 07-12 regarding the Okeechobee Legislative Delegation for the 2008 Legislative Session - City Administrator (Exhibit 9). E. Consider Alley Closing Application No. 86, submitted by Rudd Jones, P.E. & Associates on behalf of Fosler, LLC - City Clerk (Exhibit 10). 40 IX. ADJOURN MEETING. C, PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. EXHIBIT NO. NOV 6 - f READ EXHIBIT Na._ DEC 4 - FINAL ORDINANCE NO. 1001 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) 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, Kelly Kite Jr., on behalf of the owner(s), Okeechobee SR70 Holdings, LLC, of the property more particularly described hereafter, has heretofore filed Petition No. 07-011-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 6.27 acre(s) from Residential Multiple Family (RMF) Zoning District to Heavy Commercial (CHV) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on October 18, 2007, and submitted by staff report, which determined such petition(s) to be consistent with the Comprehensive Plan and is appropriate with the zoning uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and hereby finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: BEING A PARCEL OF LAND LYING IN SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF SR70 (AS SHOWN ON FDOT RIGHT-OF-WAY MAP FOR SR70 OKEECHOBEE COUNTY SECTION 91070-2514, DATED DWN=3-76) WITH EASTERLY BOUNDARY OF GOVERNMENT LOT 2 EXTENDED; THENCE SOUTH 00014'21 " EAST, ALONG SAID EASTERLY BOUNDARY OF GOVERNMENT LOT 2 EXTENDED, A DISTANCE OF 44.5 FEET TO A POINT; THENCE SOUTH 89" 54'49" WEST, ALONG THE SOUTHERLY RIGHT-OF-WAY OF SR70 A DISTANCE OF 125.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00"14'21" EAST, A DISTANCE OF Page 1 of 2 100.00 FEET TO A POINT LYING ON THE WESTERLY RIGHT-OF-WAY LINE OF SE 13TH AVENUE AND THE HOPKINS MEANDER LINE; THENCE NORTH 71049-20" WEST, A DISTANCE OF 424.14 FEET; THENCE NORTH 00003-47" WEST, A DISTANCE OF 787.65 FEET TO A POINT LYING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SR70; THENCE NORTH 89054-49" EAST, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF SR70, A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Multiple Family (RMF) Zoning District to Heavy Commercial (CHV) Zoning District. The zoning for this parcel is subject to the further limitations of the Comprehensive Plan, Future Land Use Element, Policy 2.6. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 6 th day of November, 2007. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 4thday of December, 2007. ATTEST: Lane Gamiotea, CIVIC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: ► -1 12 1 Petition No. 0 -7 -D / I -- Fee Paid: 5js •00 Jurisdiction: ff, -�°, 1st Hearing. q'a0107 2nd Hearing: 161A 4- Publication Dates: 1 Notices Mailed: Uniform Land Use Application Rezone - SDecial Exception - Variance ✓ Name of property owner(s): Okeechobee SR70 Holdings, LLC A Owner mailing address: 3055 Cardinal Drive, Vero Beach, FL 32963 P P Name of applicant(s) if other than owner (state relationship): L I Applicant mailing address: "same" C A Name of contact person (state relationship): Kelly Kite Jr., Vice President T 772/231-9333 772/231-0033 Contact person daytime hone(s): Fax: ✓ Property address / directions to property: 1108 Highway 70 E, Okeechobee, FL 34972 Indicate current use of property: Single -Family Residence Describe improvements on property, including number/type or dwellings and whether occupied (if none, so stnte): Single-family residence (including 1-house and 1-stable) Approximate number of acres: 6.27 is property in a platted subdivision? No 1' a is ilicre a current or recent use ofthe properry that isAvas a violation ofcounty orclinanct` It so. describe: No O P Have there been any land use applications concerning all or part of this property in the last year? I f so, indicate date, nature and applicant's name: No E R Is a sale subject to this application being granted? No T y is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: ices Describe adjoining land uses / improvements to the North: Undeveloped (along SR 70) South: Single-family East: Commercial/Single-FamilWr-st: Commercial (USPS) Existing zoning: RMF Future Land Use classification: Single -Family Actions Requested: ( X) Rezone (�) Special Exception (_� Variance Parcel identification Number: iV Confirmation of Information Accuracy i hereby certify thatthe information in this application is correct- The information included in this application is for use by the Citv of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to 1 $500.09 R5dAnprisopmeA of up to 30 days and may result in the summary denial of this application. Printed Name Date Uniform Land Use Application (rev. 1103) Page I of 2 Current zoning classification: RMF Requested zoning classification : CHV R What is your desired permitted use under the proposed classification: E z Commercial - Hotel, Bank, Restaurant and General Retail 0 N If granted, will the new zone be contiguous with a like zone? Yes, Post Office located adjacent to the property on the west side. Is a Special Exception necessary foryour intended use? No. Variance? No. Describe the Special Exception sought S P E C I Provide specific LDR ordinance citation: A L Are there other similar uses in the area? J-P so, describe: E X C E Why would granting your request be in the best interest of the area and residents? P T I 0 If business. briefly describe nature including number of employees, hours_ noise teneration and activities to be `, conducied outside of a buildin-: Describe Variance sought: V A R Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? Unifonn Land Use Application (rev. 1/03) Page 22 of REAL ESTATE INVESTMENT DEVELOPMENT August 7, 2007 047833002 Via Federal Express 863/763-3372 City of Okeechobee Ms. Betty Clement General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, FL 34974 RE: Okeechobee SR70 Holdings, LLC Statement of Special Reason and ]Basis of Request Rezone Application and Comprehensive Plan Amendment Application Dear Ms. Clement: The SR70 corridor within the City of Okeechobee limits is continuing to develop into a commercial node As the applicant and owner of Parcel fD #2-22-37-35-OA00-00004-0000-HX, I am interested in developing this property as a mixed use commercial project to address the needs of the community and to provide additional hotel rooms within the city limits. Additional outparcels will provide convenient access to services (banking, restaurant and retail) for hotel guests and surrounding city residents. For this reason, I am respectfully requesting to rezone the property listed above from RMF to CHV and to amend the Future Land Use Comprehensive Plan from Single -Family to Commercial. Okeechobee SR70 Holdings, LLC a Florida limited liability company By: Kite Okeechobee SR70 Holdings, LLC a Florida limited liability company, its managing member By: , �1 K ly te,jJr., ice esident 4 3055 CARDINAL DRIVE, SUITE 300 VERO BEACH, FLORIDA 32963 TEL (772) 231-9333 FAx(772) 231-0033 www KITE PROPS RTI E S L LC COM Prepared By and Return to John D. Cassels, Jr. Esq. Cassels & McCall P.O. Box 968 Okeechobee, Florida 34973 Parcel ID Number:2-22-37-35-0A00.00004-0000 iiiiiiiiiiliiiiiiiiiiiwillimil mI FILE NUN 2007009267 OR BK 00634 PG 0650 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY► FL RECORDED 07/02/2007 11:48:01 AM RECORDING FEES 18.50 DEED DOC 11r200.00 RECORDED BY M Pinon Pss 0650 — 651; (2pos) SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made this 79 day of June, 2007, between JOSEPH G. ARBOGAST, as the Donee of that Durable Power of Attorney dated April 16,1999 which was executed by KEITH LEE ARBOGAST, SR and recorded in Official Records Book 490, Page 738 of the Public Records of Okeechobee County, Florida and as Attorney -in -Fact for KEITH LEE ARBOGAST, SR., of Post Office Box 201, Okeechobee, Florida 34973, GRANTOR, and OICEECHOBEE SR70 HOLDINGS, LLC., a Florida Limited Liability Company, of 3055 Cardinal Drive, Suite 300, Vero Beach, FL 32963-1687, GRANTEE; WITNESSETH, that said Grantor, for ands consideration ofthe sum ofTEN (S 10.00) DOLLARS, and other good and valuable consideration to said Gr9mor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's successors and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida, to -wit: S L DESCRIPTION ATTACHED AS EXHIBIT "A". AND the Grant ereby enants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has awful authority to sell and convey said land; that the Grantor hereby fully warrants the tide to said land an e the same against the lawful claims of all persons whomsoever. IN WITNESS WHERE0�—Gr pf � hereunto set Grantors' hand and seal the day and year fast above written. Signed, sealed and delivered in presence of STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE oN JOSEPH C. ARBOGAST, as the Donee of that Durable Power of Attorney dated April 16,1999 which was executed by KEITH LEE ARBOGAST, SR. and ecorded in Official Records Book 490, Page 738 of the lie Records of Okeechobee County, Florida and as Attorney -in -Fact for KEITH LEE ARBOGAST, SR. BY: ,RJQ OSE H G. ARBOGAS , as the Donee The foregoing instrument was acknowledged before the this a 8 day of June, 2007, by JOSEPH G. ARBOGAST, as the Donee of that Durable Power of Attorney dated April 16, 1999 which was executed by KEITH LEE ARBOGAST, SR- and recorded in Official Records Book 490, Page 738 of the Public Records of Okeechobee County, Florida and as Attorney -in -Fact for KEITH LEE ARBOGAST, SR, p( who is personally known to me or a who has produced as identification. Signature of Notary Public -ral;i-o.-D. mQc(1S Printed name of Notary My commission expires: Zl U ray 1a, DO k t4169-73119 WPDl g ~� �� NotaryN Pub11C buncombe County 2 , 0 ? �a / �kICARO o�� Book634/Page650 CFN#2007009267 Page 1 of 2 C • • DESCRIMON OF PARCEL AS DETERMINED BY THIS SURVEY: BEING A PARCEL OF LAND LYING IN SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF S.R 70 (AS SHOWN ON FDOT RIGHT-OF-WAY MAP FOR S.R. 70 OKEECHOBEE COUNTY SECTION 91070-2514, DATED DWN=3-76) WITH EASTERLY BOUNDARY OF GOVERNMENT LOT 2 EXTENDED; THENCE SOUTH 00°14'21" EAST, ALONG SAID EASTERLY BOUNDARY OF GOVERNMENT LOT 2 EXTENDED, A DISTANCE OF 44.5•FEET•T0 A POINT; THENCE SOUTH 8905449" WEST, ALONG THE SOUTHERLY RIGHT-OF-WAY OF S.R. 70 A DISTANCE OF 125.00 FEET TO THE =-53 OF G; THENCE SOUTH 00014'21" EAST, A DISTANCE OF CB NORTH 89°5449" EAST, A DISTANCE OF 100.00 FEET TO A PO N THE WESTERLY RIGHT-0iLWAY LINE OF S.E. 13TH AVENUE; THEN 00014'21" EAST A DISTANCE OF 230.05 FEET TO THE POINT OF R5 ON OF THE WESTERLY RIGH-OF-WAY LENE OF S.E. 13TH A HOPKINS MEANDER LINE; THENCE NORTH 71-49'20" WEST, A DLS 424.14 FEET; THENCE NORTH 00-03-47" WEST, A DIST 787 5 T TO A POINT LYING ON THE SOUTHERLY RIGHT-OF-W ' L 70; THENCE NORTH 89°5449" EAST, ALONG SAID SOUTHERLY RI WAY LINE OF SR 70, A DISTANCE OF 300.00 FEET TO P BEGINNING Book634/Page651 CFN#2007009267 Page 2 of 2 U • PAI K PLACE � 4M OKEECHOBEE, FL - OKEECHOBEE COUNTY /P - �� I I I I I I I I I I 1 I l III 1111 (-1 THE PROJECT 85 Room Hotel to Anchor Site Close to Lake Okeechobee and Outparcels Available ideal for Okeechobee County Airport Restaurant, Retail, Bank Storm Water Retention and Just 3/4 mile from U.S. 441 Access Provided rAM FLACK 51T� rLAH THE MARKET Mile Radius Est. Households 3 23,000 5 26,000 0 60 120 SCALE AS SHOWN Avg. Household Income $46,000 $48,000 PARK P LAC E TRAFFIC COUNTS S.R. 70..........................................35,000 AADT cr r .M `BUILDING RELATIONSHIPS & MAKING THINGS HAPPEN' OKEECHOBEE, FL - OKEECHOBEE COUNTY It 9e j.vw. C." i REAL ESTATE INVESTMENT DEVELOPMENT Michael D. Lore Office (772) 231-9333 Cell (772) 766-9389 Email: Mike@MtePropertiesllc.com 3055 Cardinal Dr, Ste 300 ♦ Vero Beach, FL 32963 www.I<itePropertiesLLC.com • August 23, 2007 REAL ESTATE INVESTMENT DEVELOPMENT Resident Address Okeechobee, FL 34972 Re: Land Purchase and Development Dear Kite Properties, LLC is a hospitality developer located in Vero Beach, FL. Through our subsidiary, Okeechobee SR70 Holdings, LLC, we have recently purchased the 6.25 acre parcel located at 1108 HWY 70 E and have plans to develop a Hampton Inn with commercial out parcels on this site. Our goal is to develop a successful project while maintaining the integrity of the community and increasing employment and business opportunities for local residents. The property is currently zoned Heavy Commercial (CHV) in the northern portion fronting State Read 70 and Residential Multiple -Family (RMF) in the southern portion_ The current zoning would permit apartment buildings to be built on the southern portion_ On Friday, August 171h, we submitted a Small Comprehensive Plan Amendment and a Rezoning Application to change the portion of the property zoned RMF to CHV which will allow hotel development on the parcel as well as other commercial uses. Our current plan places the Hampton Inn on the western edge of the property near the Post Office with storm water retention area to the south and a restaurant and bank on the northern portion fronting State Road 70. The site area will meet the all of the cities landscape buffer requirements to shield this development from the neighboring residential properties. We would be happy to speak with you to address any questions, comments or concerns that you may have about our project. Warmest Regards, 7 elly . Kite, Jr. Managing Director 3055 CARDINAL DRIVE, SUITE 300 VERO BEACH, FLORIDA 32963 TEL (772) 231-9333 FAx (772) 231-0033 www.KITEPROPERTIESLLC.COM 4 N lD N 10 11 12 5 11937350030000300079 s735ao8Do03a9a0J� it 37350030000400100 1 1 45 45 126 6 45 q� 21537350A00000130000 N. E. 4 T H n9 5. 06 AC 2I537350A0 00090000 45 45 126 1 7 135 7 AC 1 5 73500300005000TO 9 8 7 2 8 t 63735003000050007 3 I 4 10 O z 10 11 12 5 Z 1153735003( 2�� ¢i 31350030000500iO0 6 w 11 45 45 126 Q 1 135 N. 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NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF SED SURVEYOR. _ a PROPERTIES' INFORMATION WAS OBTAINED FROM THE OKEECHOBEE AISER'S GIS WEBSITE AND IS SHOWN FOR INFORMATIONAL PURPOSES )RMATION WAS NOT VERIFIED FOR ACCURACY BY THIS OFFICE. RIPTION OF THE PROPERTY'S SOUTH PARCEL WAS PROVIDED TO THE CLIENT; THE NORTH PARCEL'S LEGAL DESCRIPTION IS FICIAL RECORDS BOOK 554, PAGE 1995, OKEECHOBEE COUNTY, ICTED ARE BASED UPON THE NATIONAL GEODETIC VERTICAL DATUM 29) FROM UNITED STATES ARMY CORPS OF ENGINEERS BENCHMARK -ID #AJ6162), LOCATED IN THE MEDIAN OF U.S. HIGHWAY 441 NEAR I THE CITY OF OKEECHOBEE AND HAS A PUBLISHED NAVD 88 2.99', FROM WHICH VERTCON SOFTWARE WAS USED TO DERIVE AN ON OF 24.19'. PERFORMED AS FOLLOWS: BENCH LOOP PERFORMED 9-20-05, EY PERFORMED 9-27-05, TOPOGRAPHIC AND WETLAND LOCATION 18-05, ADDITIONAL TOPOGRAPHIC AND IMPROVEMENT LOCATION 17-05, ADDITIONAL BOUNDARY AND TOPOGRAPHIC WORK PERFORMED LANDS RELOCATED 12-14-06, SITE VISIT TO VERIFY DEMOLITION RVEYOR'S CERTIFICATE IFY THAT THE "BOUNDARY & TOPOGRAPHIC SURVEY" AS SHOWN RUE AND CORRECT REPRESENTATION OF A FIELD SURVEY MADE CTION AND CHARGE ON (SEE SURVEYOR'S NOTE #7) AND SAID TOPOGRAPHIC SURVEY" IS TRUE AND ACCURATE TO THE BEST OF MY D BELIEF. IT IS FURTHER CERTIFIED THAT THIS "BOUNDARY & SURVEY" COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS FOR TOPOGRAPHIC SURVEYS" SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 61 G17-6, FLORIDA CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. FOMATICS, INC. w 0 SHEET NO �Lo C\2 CO z W 00 E-+ U W U2 � o� O zu) ocy) Oi' aul z O E-i 1 8 /16 /2007 OF 4 SHEETS T-OF-WAY LINE OF S.R. 70, A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING ECT TO THE PERPETUAL EASEMENT DESCRIBED IN THAT ORDER OF TAKING IN FAVOR OF Fl PANY RECORDED IN OFFICIAL RECORDS BOOK 391, PAGE 1874, AS TO PARCELS 23 AND 24 HE SURVEYED LAND IS AFFECTED BY THE ORDER OF TAKING. VEYOR'S CERTIFICATION: UNDERSIGNED SURVEYOR HAS COMPARED THE LEGAL DESCRIPTION AS PROVIDED BY THE !W) AND THE DESCRIPTION OF PARCEL AS DETERMINED BY THIS SURVEY (AS DESCRIBED A' F THE TWO LEGAL DESCRIPTIONS DESCRIBED ONE AND THE SAME PARCEL OF LAND, AND, i :S OF SURVEYING, THE UNDERSIGNED SURVEYOR CAN LOCATE SAME AND TFfAT THE DESCR RMINED BY THIS SURVEY IS THE ACCURATE LEGAL DESCRIPTION OF THE PARCEL OF LAND. kL DESCRIPTION AS PROVIDE BY CLIENT: G A PARCEL OF LAND LYING IN SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEEc BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: MENCING AT THE INTERSECTION OF THE CENTERLINE OF S.R. 70 (AS SHOWN ON FDOT RIG KEECHOBEE COUNTY SECTION 91070-25141 DATED DWN=3-76) WITH EASTERLY BOUNDAW :NDED; THENCE SOUTH 00010'28" EAST, ALONG SAID EASTERLY BOUNDARY OF GOVERNMEr 'ANCE OF 44.5 FEET TO A POINT; THENCE SOUTH 89054'49" WEST, ALONG THE SOUTHERLY STANCE OF 125.62 FEET TO AN IRON PIN MARKING THE POINT OF BEGINNING; THENCE SO 'ANCE OF 93.32 FEET TO AN EXISTING IRON PIN; THENCE SOUTH 89003'28" EAST, A DISTA IT; THENCE SOUTH 00010'28"EAST, A DISTANCE OF 597.34 FEET TO AN IRON PIN; THENC "ANCE OF 100.00 FEET TO AN IRON PIN LYING ON THE WESTERLY RIGHT-OF-WAY LINE OF S "ANCE OF 229.61 FEET TO AN IRON PIN MARKING THE INTERSECTION OF THE WESTERLY RI( i AVENUE AND THE HANCOCK MEANDER LINE, STANCE OF 395.93 FEET TO AN EXISTING IRON PIN; THENCE NORTH 71055'39" WEST, CON COCK MEANDER LINE, A DISTANCE OF 26.32 FEET TO A POINT; THENCE NORTH 00009'32" A 65 FEET TOA POINT LYING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF S.R. 70; THENCE N G SAID SOUTHERLY RIGHT-OF-WAY LINE OF S.R. 70, A DISTANCE OF 300.00 FEET TO THE i AND EXCEPT THAT PROPERTY SUBJECT TO THE ORDER OF TAKING IN FAVOR OF FLORID% PANY RECORDED IN OFFICIAL RECORDS BOOK 391, PAGE 1874 A/ACSM LAND TITLE SURVEY certify that this map and the survey on which it is based were made in accordance with the "Minimum Stan, "-SM Land Title Surveys," jointly established and adopted by ALTA and NSPS in 2005, and includes Items hereof. Pursuant to the Accuracy Standards as adopted by ALTA and NSPS and in effect on the date of this rtifies that in my profesional opinion, as a Land Surveyor Registered in the State of Florida, the Relative Pc ;xceed that which is specified therein. !V o -7 Signed: /, f T x ;gistration No.: LS 6364 r, • • �., CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS OCTOBER 18, 2007 SUMMARY OF BOARD ACTION C. Consider Rezoning Petition No. 07-011-R, submitted by Okeechobee SR70 Holdings, LLC on behalf of property owner Kelly Kite, Jr. to change the zoning designation from Residential Multi -Family (RMF) to Heavy Commercial (CHV) for property located at 1108 Highway 70 East. Legal description: Unplatted lands of the City, Okeechobee County, Florida and is approximately,4-6'acre(s) - Planning Consultant. -5,s Consider Rezoning Petition No. 07-011-R, submitted by Okeechobee SR70 Holdings, LLC on behalf of property owner Kelly Kite, Jr. to change the zoning designation from Residential Multi -Family (RMF) to Heavy Commercial (CHV) for property located at 1108 Highway 70 East. Legal description: Unplatted lands of the City, Okeechobee County, Florida and is approximately 4.5 acre(s). Mr. Brisson explained this was a companion petition to Application No. 07-012-SSA Small Scale Land Use Map Amendment. Mr. Brisson told the Board that LaRue Planning Staff recommend approval based on applicant submitting supporting statements relative to the proposed project's consistency with the findings required for granting rezoning petitions. Mr. John Wayne Burnett of 177 Southeast 13`h Avenue reiterated he did not want Southeast 131h Avenue used in any way for the project. Vice Chair Hoover asked about sidewalks. Attorney Cook stated the Board should only be looking at the use of the area for the rezoning, all developing issues will be address at the site plan review phase. Board Member Burroughs moved to approve Petition No. 07-011-R and recommend City Council change the zoning from Residential Multi -Family (RMF) to Heavy Commercial (CHV) with the stipulation the level of traffic stays stable as indicated in the applicant's traffic analysis relative to the type of business; seconded by Alternate O'Connor. LEDFERD-YEA HOOVER -YEA KELLER-YEA MCCOY-YEA BURROUGHS-YEA JOHNS -ABSENT JUAREZ-ABSENT MAXWELL-YEA O'CONNOR - YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on December 4, 2007 before City Council. Revised Staff Report Rezoning Request Revised: January 10, 2008 Applicant: Okeechobee SR70 Holdings, LLC./Kelly Kite, A From: RMF To: CHV Petition No. 07-011 R • • Staff Report Applicant: Okeechobee SR70 Holdings, LLC Rezoning Request Petition No.: 07-011-R • Applicant: Okeechobee SR70 Holdings, LLC Applicant Address: 3055 Cardinal Drive Vero Beach, FL 32963 Applicant Phone Number: 772-231-9333, FX: 772-231-0033 Contact Person Owner: Kelly Kite, Jr. Owner Address: As above ProposedExisting Future Land Use Map Single -Family Commercial Classification Zoning District RMF (5.5 acres), CHV (0.8 CHV acres) Use of Property Single -Family Residence, Hotel and associated retail balance vacant Acreage 6.27 acres, but rezoning applica- 5.5 acres tion involves about 5.5 acres Location: 1108 Highway 70 East Legal Description: BEING A PARCEL OF LAND LYING IN SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF SR70 (AS SHOWN ON FDOT RIGHT-OF-WAY MAP FOR SR70 OKEECHOBEE COUNTY SECTION 91070-2514, DATED DWN=3-76) WITH EASTERLY BOUNDARY OF GOVERNMENT LOT 2 EXTENDED; THENCE SOUTH 00°14'21" EAST, ALONG SAID EASTERLY BOUNDARY OF GOVERNMENT LOT 2 EXTENDED, A DISTANCE OF 44.5 FEET TO A POINT; THENCE SOUTH 890 54'49" WEST, ALONG THE SOUTHERLY RIGHT-OF-WAY OF SR70 A DISTANCE OF 125.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00014'21" EAST, A DISTANCE OF 100.00 FEET TO A POINT LYING ON THE WESTERLY RIGHT-OF-WAY LINE OF SE 13T' AVENUE AND THE HOPKINS MEANDER LINE; THENCE NORTH 71049'20" WEST, A DISTANCE OF 424.14 FEET; THENCE NORTH 00003'47" WEST, A DISTANCE OF 787.65 FEET TO A POINT LYING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SR70; THENCE NORTH 89054'49" EAST, ALONG SAID SOUTHERLY RIGHT-OF- WAY LINE OF SR70, A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING. 2 Staff Report Applicant: O1echobee SR70 Holdings, LLC Rezoning Request Petition No.: 07-011-R The applicant is interested in developing this property as a mixed -use commercial project providing for hotel rooms within the City limits. A bank and full service restaurant for hotel guests and surrounding City residents are also proposed for adjacent out -parcels encompassing about 1.7 acres. The Applicant is requesting to rezone the 5.5 acres from RMF to CHV. North: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Vacant East: Future Land Use Map Classification: Commercial and Single -Family Zoning District: Existing Land Use: South: Future Land Use Map Classification Zoning District: Existing Land Use: West: Future Land Use Map Classification Zoning District: Existing Land Use: CHV and RMF Equipment repair operation and four single-family residences Single -Family RMF Vacant Single -Family RMF U.S. Post Office The entire site is currently vacant and undeveloped except for one single-family home. The northern portion of the property encompassing about 0.8 acres fronting on SR 70 to a depth of about 110 feet is already zoned Heavy Commercial (CHV) and is the location for the proposed bank and restaurant. The southern 5.5 acres is the subject of the requested rezoning from RMF to CHV. The applicant is proposing to develop an 85-room hotel on the part of the site for which the rezoning is being sought. However, if rezoning is approved, the Applicant, or any future owner of the property, will not be required to limit future development of the site to any specific use, but may develop any use allowable within the CHV zoning district. 3 0 0 Staff Report Applicant: Okeechobee SR70 Holdings, LLC Rezoning Request Petition No.: 07-011-R The Applicant has submitted supporting statements relative to the proposed project's consistency with the findings required for granting rezoning petitions. These are provided in the appendix to this Staff Report. Staff does not disagree with the Applicant's assertions. In addition, following are the Staff comments pertaining to the required findings. 1. The proposed use is not contrary to Comprehensive Plan requirements. The applicant is requesting to rezone the above -described property from its current zoning of RMF to Commercial in conjunction with a Small Scale Amendment to the Comprehensive Plan in order to provide for development of a hotel and associated commercial. These uses are contemplated in the Commercial land use category and allowed under the requested CHV zoning. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes. Hotel, bank and restaurant are all commercial uses specifically identified as permitted uses within the CHV zoning district. 3. The proposed use will not have an adverse effect on the public interest. No, it will not adversely affect the public interest. The Applicant has provided letters from the Okeechobee Utility Authority confirming that the Authority has adequate capacity to provide for the potable water supply and wastewater disposal needs associated with the propose project. Copies of these letters are provided at the end of this report. The County has recently confirmed a considerable level of excess capacity available to serve the solid waste disposal needs of other major developments in the City. It appears reasonable that the volume of solid waste associated with a development of this size can also be accommodated within the capacity of the County's Solid Waste Facility. The City's adopted level of service standard (LOSS) for SR 70 and US 441/SR 7 is "C" and for local roads is "D". The Applicant has furnished a revised Traffic Impact Analysis addressing questions and concerns initially posed by the Staff and which shows that the impact of the proposed project on SR 70, US 441/SR 7, and SE 101, and SE 131h Avenues will be insignificant. In none of these cases does the project's impact amount to as much as 5%of the traffic volume associated with adopted level of service for these roadways. Therefore, the Applicant has stated that the project is deemed not to have a significant impact on these roadways. rd Staff Report Applicant: O111chobee SR70 Holdings, LLC Rezoning Request Petition No.: 07-011-R Staff has identified a few additional areas where corrections or additional analyses are needed and has provided the Applicant with our comments. The Applicant should be able to provide these changes at the Planning Board meeting, or certainly by the City Council hearing. We do not, however, expect these data to substantively modify the general findings that the traffic generated by the project will be relatively minimal on the affected constrained roadways. SR 70, and US 441 south of SR 70, are constrained roadways and are presently operating at traffic volumes in excess of their design capacities. This is commonly referred to as operating at a level of service "F". In fact, after construction of this development these roadways will be operating between 20% and 70% over their design capacities for both daily traffic and the PM Peak period. This is officially referred to as operating at a vehicle to capacity ratio of between 1.2 and 1.7. While the Applicant's contribution to this situation is relatively minimal, the cumulative impact of new developments in the future is of considerable concern to us. Since any additional traffic to these roadways will only continue to make matters worse, we suggest that the City consider implementing a policy that would not allow approval of any future requests for rezoning or amendments to the comprehensive plan that will increase the density or intensity on lands that will generate traffic onto these constrained roadways. The project will also affect two local roadways: SE loth Avenue and SE 13th Avenue. The impacts on these local roads are projected to represent only 2.03% and 2.54%, respectively, of the levels of service of these roadways and will not degrade their level of service below LOS D. However, since the intersection of SR 70 and SE 1 Oth Avenue "fails" in three approaches, and on an overall basis, at the PM Peak, with or without the traffic generated by the project, the Applicant will need to contribute at the development order stage its fair share of the cost of making the necessary improvements (i.e., whether through signal timing adjustments within the existing geometry of the intersection or any turn lane improvements that might mitigate a failing situation). This may also be the case for the intersection of SR 70 and SE 13th Avenue. Further, it should be noted that the projected traffic and associated effects upon the aforementioned roadway are based on a development scenario involving 85 hotels rooms, 3,400 square feet of branch bank offices, a 5,800 square foot high -turnover sit-down restaurant. To the extent that the requested amendment is found to be within acceptable traffic generation parameters, it is based only on a project of a similar intensity. If a different development of differing character and greater intensity should be proposed in the future, it would be subject to additional concur- rency review. 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. 5 Staff Report Applicant: 00echobee SR70 Holdings, LLC Rezoning Request Petition No.: 07-011-R Yes. The proposed rezoning continues a pattern of concentrating the more intensive commercial and other nonresidential uses in nodes located on the City's two major arterial roadways (SR 70 and U.S. 441). A major land use amendment to Commercial and rezoning to CHV has been approved on about 16 acres on the north side of SR 70, paving way for a major commercial concentration in the immediate vicinity. Frontage on the south side of SR 70 (the site of associated out -parcels) already carries a Commercial land use designation and CHV zoning. The full service U. S. Post Office is located immediately to the west of the subject property and a convenience store and equipment repair operation are adjacent to the northeast portion of the site. The properties to the south of the property are vacant, but are designated Single - Family on the Future Land Use Map but are zoned RMF. When developed, this area will likely be in residential use. This potential residential area can be protected from the effects of the proposed commercial development through the use of stormwater retention facilities as a spatial buffer. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The most likely effect on nearby property will be to promote improvement and rede- velopment of the adjacent commercial properties, as these are either undeveloped or of a lesser quality development than the proposed use. Vacant, residentially designated properties to the south should not be adversely affected as they will likely be separated from the proposed commercial uses by areas likely to be used for drainage retention. 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 vacant lands to the south will likely be physically separated from the proposed commercial development. However, care will need to be taken to ensure that the four existing single-family homes immediately east of the proposed development (fronting on SE 13th Avenue) are adequately buffered to reduce the likely impacts of the proposed commercial development nearby. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed uses will be commercial and will not create an inappropriate density pattern nor have any impact on schools, and the utility needs of the project are within ON 0 . Staff Report Applicant: Okeechobee SR70 Holdings, LLC Rezoning Request Petition No.: 07-011-R the available capacities of the local utility providers. The proposed commercial uses are consistent with the pattern of intensity established or anticipated in the area. While there will be some increase in traffic on SR 70, US 441, SE loth Avenue, the Applicant's Traffic Impact Analysis has shown this to be insignificant in relation to the existing and adopted levels of service. The traffic analysis also shows that SE 13th Avenue may experience an increase in traffic as a result of a possible secondary access at the southeast corner of the property, but this will also be negligible. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The Applicant's traffic impact analysis indicates that the proposed use will not reduce the level of service on the affected roadways and have only negligible impacts upon nearby major roadways and local roads. A stormwater management system will be designed to meet standards developed by the oversight agencies to address flooding and drainage. Management systems designed to these standards will result in lower potential for off -site flooding and drainage impacts. No negative affects on public safety will occur as a result of the proposed use. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No. The only restrictions on the proposed uses are those commonly applied to commercial uses in the City's Comprehensive Plan and its Land Development Regulations. Recommendation Staff recommends approval of the request to allow rezoning from RMF to CHV permitting the applicant to develop commercial uses on the subject property. Submitted by: James G. LaRue, AICP Planning Consultant October 10, 2007 (Revised: January 10, 2008- minor corrections to pages 5 and 7) 1st LPA Hearing: 9-20-07 (postponed) I" LPA Hearing: 10-18-07 7 Staff Report Applicant: OR>sechobee SR70 Holdings, LLC Rezoning Request Petition No.: 07-011-R Maps or Diagrams — FLUM and Property Appraiser Map Applicant's Project Description and Consistency with Comprehensive Plan Letters from Okeechobee Utility Authority Subject Property City Zoning Map ZONING UNICORPORATED c.D so C- j j CPO H ....... _. .. IND PUB RMF RMH RSF1 0 I Staff Report Applicant: 0 eechobee SR70 Holdings, LLC Rezoning Request Petition No.: 07-011-R 0 0 Staff Report Applicant: Okeechobee SR70 Holdings, LLC Rezoning Request Petition No.: 07-011-R APPENDIX PROJECT DESCRIPTION AND JUSTIFICATION FOR REZONING As submitted by the Applicant 1. Proposed Project Description Okeechobee SR70 Holding, LLC proposes to develop the 6.28 acre site into a commer- cial node that will consist of an 85 room national chain quality hotel, an approximate 3,400 square foot bank branch office, an approximate 5,800 square foot national chain, full service, restaurant, as City of Okeechobee land development regulations dictate. A shared access driveway with the US Post Office, located adjacent to the west property line, is the proposed main access driveway from SR70. An additional secondary access driveway to SE 13th Avenue at the south extent of the project is also proposed. The most recent site plan locates the hotel along the west property line and allows full traffic circulation around the hotel. The bank and restaurant are both located along the SR70 frontage with associated parking internal to the property. Full traffic circulation through the project, between the two access drives, and to each of the proposed uses is achieved in the design. The south one quarter of the site is dedicated to stormwater retention. 2. Findings Required for Granting Petitions Per the City of Okeechobee land development regulations section 70-340 the following addresses the nine listed items as they relate to the requested zoning change. 1) The use is not contrary to comprehensive plan requirements. Presently, the site's underlying future land use designation does not support the requested zoning change. A small scale comprehensive plan amendment is being requested to address this inconsistency. However, the proposed use and requested zoning change is not contrary to the provisions of the comprehensive plan and as part of the amendment request, consistencies with the comprehensive plan are being presented. 2) The use is specifically authorized under the zoning district regulations applied for. The proposed uses; hotel, bank and restaurant are all uses specifically authorized under the requested CHV zoning district. 10 i Staff Report Applicant: Okeechobee SR70 Holdings, LLC Rezoning Request Petition No.: 07-011-R 3) The use will not have an adverse effect on the public interest. Per the Okeechobee Utility Authority a sufficient excess capacity of potable water and wastewater treatment is available for the proposed use and intensity. A traffic impact analysis was prepared as required for this zone change request and indicates no lowering of level of service in the roadway system as a result of this develop- ment at maximum intensity. 4) The use is appropriate for the location proposed, is reasonably compatible with adjacent uses, and is not contrary or detrimental urbanizing land use patterns. The SR70 corridor within the City of Okeechobee is continuing to develop into a commercial node. This location is very suitable for the proposed uses as SR70 is a principal arterial that supports a significant portion of City thoroughfare traffic. Providing these services at this location keeps through traffic off other major and minor collectors and local roadways. Compatible uses and zoning districts presently exist on three (3) sides of the site. Along the north side of SR70 the zoning is CHV. A full service US Post Office operates adjacent to and west of the site. A convenience store and equipment repair operation are adjacent and east of the site for approximately 400 feet south of the SR70 south right-of-way. The balance of the east property line borders single-family residences and SE 13`" Avenue and the south property line also borders single-family residences. The proposed site plan locates all the stormwater management retention facility in the south portion of the site providing a large buffer between the proposed commercial uses and the adjacent residential uses. 5) The use will not adversely affect property values or living conditions, nor be a deterrent to the improvement or development of the adjacent property. The affect of the proposed use on the properties adjacent along the north west and east property boundaries will be to increase property values and promote improve- ment and development since these properties are of a similar use and are either presently undeveloped or of a lesser quality development. No adverse impact will occur to the single-family development to the south and southeast since the pro- posed uses will be effectively buffered along the project site perimeter. 6) The use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. As stated above the only non -similar uses bordering the property occur along the south and south third of the east property boundaries. The proposed stormwater retention facility will provide a wide buffer to the south. Also, the project will have a minimum 10-foot wide landscape buffer along its entire perimeter. Staff Report Applicant: Okeechobee SR70 Holdings, LLC Rezoning Request Petition No.: 07-011-R 7) The use will not create a density pattern that would overburden public facilities such as schools, streets and utility services. The density pattern has already been established in the area surrounding the site and the site is the only remaining property south along the SR70 that is not yet consistent with the established density pattern. 8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. As indicated above, the traffic impact analysis prepared for this zoning change request indicates that the proposed use will not reduce the level of service on the affected roadways. In the course of the development approval it will be necessary that a stormwater management system be designed to meet standards developed by the oversight agencies to address flooding and drainage. Management systems designed to these standards will result in lower potential for off -site flooding and drainage impacts. No negative affects on public safety will occur as a result of the proposed use. 9) The use has not been inordinately burdened by unnecessary restrictions. The proposed use is a common and low impact use that is specifically addressed without excessive restrictions in the City of Okeechobee land development regulations. 12 C] OKEECHOBEE UTILITY AUTHORITY 100 S.W. 5th Avenue Okeechobee, Florida 34974-4221 October 3, 2007 Mr. Christopher Goetzfried Kimley-Horn and Associates, Inc. 601 218' Street, Suite 300 Vero Beach, Florida 32960 Ref: Water Capacity Request Kite Properties Parcel ID: 02-22-37-35-0A00-00004-0000 Dear Mr. Goetzfried: (863) 763-9460 FAX: (863) 763-9036 In reference to a request of the availability of water capacity to the subject property, I submit the following information for your use in the permitting for the above referenced project. The Okeechobee Utility Authority owns and operates two water treatment plants with a combined treatment capacity of 6 MGD. For the past twelve months (September 2006 — August 2007), the combined finish maximum flow leaving the plants is approximately 2.8 MGD. This combined maximum flow utilizes approximately 47% of the FDEP permitted system capacity. Water service is available to the property. Should you have any other questions, comments or concerns with regards to the water system capacity, please contact the writer at 863.763.9460. Sincerely, .��ohn F. Hayford, `P-E. Executive Director Okeechobee Utility Authority OKEECHOBEE UTILITY AUTHORITY 100 SW 5th Avenue Okeechobee, Florida 34974-4221 October 3, 2007 Mr. Christopher Goetzfried Kimely-Horn and Associates, Inc. 601 215'Street, Suite 300 Vero Beach, Florida 32960 Ref. Wastewater Capacity Request Kite Properties Parcel ID: 2-22-37-35-OA00-00004-0000 Fy �-, �14.. �7 - . (863) 763-9460 FAX: (863) 763-9036 In reference to a request of the availability of wastewater capacity to the subject property, I submit the following information for your use in the permitting of the above referenced project. The Okeechobee Utility Authority owns and operates one regional wastewater treatment plant, the Cemetery Road Wastewater Treatment Facility (1 MGD). Currently, the annual average daily flow (September 2006 — August 2007) to the treatment facility is approximately 0.718 MGD utilizing about 72% of the system capacity. As you are aware, wastewater service is readily available to this property. Minimal infrastructure improvements at the developers' cost will be required prior to service being made available to the subject property. Should you have any other questions, comments or concerns with regards to the wastewater system capacity, please contact the writer at 863.763.9460. Sincerely, (--John F. Hayfo�. Executive Director Okeechobee Utility Authority • 0 e�4 n' b4 / The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of I Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afftant 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. Sworn t and substv44d before me this day of A.D. 20 �- Notary Public, State of Florida at Large PUBLI&gOTICE. CONSIDERATION OF ADOP71NO A CITY ORDINANCE PLEASE TAKE NOTICE that the Gry Council of the City of Okeechobee, Fkxida will on Tuesday, December 4, 2007 at 6:00 p.m. or as soon thereafter possible, at City Hall; 55 SE 3rdAve., Okeechobee, R conduct a PUBLIC HEARING'Dn and thereafter to consider final reading of the following Ordinance into law: y0.1001: ' AN ORDI, NANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZON- ING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE ((PARTTFII�CULARLY DESCRIBED. HEREIN, FROM RESIDE(NTIAyL� MULTIPLE FAMILY AMENOING ZONING HE ZONING MAP ACCORDINGLDISTRICT TO. HEAVY Y; COMMERCIAL 8ZONING FOR CONK DISTRICT; SEVERABILITY AND AN EFFECTIVE DATE. The Ordinance Is, regarding Rezoning Petition No. 07-011•R, submitted by Kelly Kite Jr., on behalf of property owner(s) Okeechobee SR70 Holdings, LLC._ The pelt. tion is to change the zoning designation from RW to CHV for property located at 1108 State Road 70 East. Legal description: Being a parcel of land tying in Section 22, Township 37 South, Range 35 East, Okeechobee County, Florida and being more particularly described as follows: Commencing at the intersection of the centerfine of S.R. 70 ((as shown on FDOT Right -of -Way Map for S.R. 70 Okeechobee County Section 91070-2514, dated DWN=3-76) with Easterly boundary of Gdvemmerd Lot 2 extended, thence South DO degrees 14 feet 21 Inches East, along said Easterly boundary of Govem- ment Lot 2 extended, a distance of 44.5 feet to a point; thence South 89 degrees 54 feet 49 inches West, along the Southerly Right -of -Way of S.R. 70 a distance of 125.00 feet to thepoirt of beginning; thence South 00 degrees 14 feet 21 inches East, a d stance of 690.53 feet thence North 89 degrees 54 feet 49 inches East, a distance of 100.00 feet to a pointkyingf on the We told Right -of -Way fine of South- east 131h Avenue; thence South 00 degrees 14 feet 21 inches East a distance of 230.05 feel to the point of intersection of the Westerly Right -of -Way line of South- east 13th Avenue -and the Hopkins Meander Line; thence North 71 degrees 49 feet 20 inches West, a distance of 424.14 feet; thence North 00 degrees 03 feet 47 inches West, a distance of 787.65 feet to a point Kong on the Southerly Right -of - Way line of S.R. 70; thence North 89 degrees 54 feet 49 inches East along said Southerly Right -of -Way line of S.R. 70, a distance of 300.00 feet to the point of be- ginning, and is approximately 6.27 acre(s). All members of the public are encouraged to attend and participate in said hea in0. The proposed Ordinance may be inspected in its entirety by members of the public in the Office of the City Clerk during regular business hours, Mon -Fri, 8am-4:30pm, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this hearing, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk In accordance with the Americans with Disability Act (ADA) and Florida Statutes 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Lane Gamiotea no later than two (2) working days ppNor to the proceeding at 863-763-3372 x215; I hearing or voice impaired, call TDD 1-000-222-3448 (voice) or 1-988-447-5620 (TTY). Lane Gamiotea, CMC, CITY CLERK 249797 ON 11/21/07 FO, Jailettc'J Thiboult Commission # DD505311 oQ Expires January 10, 2010 rBonded Troy Fain Insurance. Irx 800-385-7019 EXHIBIT NO. NOV 6 - f READ EXHIBIT NO. DEC 4 - FINAL ORDINANCE NO. 1002 AN ORDINANCE OFTHE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) AND HOLDING (H) ZONING DISTRICT TO PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) 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, Jose Rasco, on behalf of the owner(s), 15th Street Homes , LLC, of the property more particularly described hereafter, has heretofore filed Petition No. 07- 013-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 50.478 acre(s) from Residential Single Family -One (RSF-1) and Holding (H) Zoning District to Plannued Unit Development -Residential (PUD-R) 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 October 18, 2007, and submitted by staff report, which determined such petition(s) to be consistent with the Comprehensive Plan and is appropriate with the zoning uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and hereby finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: ALL THAT PART OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, LYING WEST OF BLOCKS 248 AND 249, AND SOUTHERLY EXTENSION THEREOF, "FIRST ADDITION TO OKEECHOBEE FLORIDA," AS RECORDED IN PLAT BOOK 5, PAGE 6, OKEECHOBEE COUNTY PUBLIC RECORDS; SOUTH OF SOUTHWEST 9T" STREET; NORTH OF SOUTHWEST 15T" STREET; AND EAT OF BLOCK 202, AND SOUTHERLY EXTENSION THEREOF, "OKEECHOBEE" AS RECORDED IN PLAT BOOK 5, PAGE 5, OKEECHOBEE COUNTY PUBLIC RECORDS; AND EAST OF SOUTHWEST 10T" AVENUE, WITHIN THE CITY LIMITS OF OKEECHOBEE, FLORIDA. LESS AND EXCEPT FROM THE ABOVE DESCRIBED PARCEL THE FOLLOWING: BEGINNING AT THE INTERSECTION OF HOPKINS MEANDER LINE AND THE SOUTH BOUNDARY LINE OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, AND RUN NORTHEASTERLY ALONG SAID ' Page 1 of 4 HOPKINS MEANDER LINE 28.6 FOR A POINT OF BEGINNING; THENCE EAST PARALLELING SAID SOUTH LINE OF SECTION 21, AFORESAID 56.6 FEET; THEN NORTH 175 FEET; THENCE WEST 240 FEET; THENCE SOUTH 175 FEET; THENCE EAST 183.4 FEET TO THE POINT OF BEGINNING, SAID LAND LYING IN AND COMPRISING A PART OF GOVERNMENT LOTS 3 AND 5 OF SECTION 21 TOWNSHIP 37 SOUTH, RANGE 35 EAST. TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS: PARCEL I: (O.R. BOOK 581, PAGE 401): FROM THE SOUTHWEST CORNER OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, THENCE EAST ALONG THE SOUTH BOUNDARY LINE OF SAID GOVERNMENT LOT 5 TO INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF OKEECHOBEE AVENUE EXTENDED SOUTH, THENCE NORTH ALONG SAID RIGHT-OF-WAY LINE OF OKEECHOBEE AVENUE 25 FEET FOR POINT OF BEGINNING; THENCE NORTH ALONG WEST RIGHT-OF-WAY LINE OF OKEECHOBEE AVENUE 97.3 FEET; THENCE WEST PARALLEL TO SOUTH BOUNDARY LINE OF GOVERNMENT LOT 5, 99.6 FEET; THENCE SOUTH PARALLEL TO EAST LINE OF TRACT, 97.3 FEET; THENCE EAST PARALLEL TO NORTH LINE OF TRACT, 99.6 FEET, TO POINT OF BEGINNING, BEING A PART OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. PARCEL II: (O.R. BOOK 581, PAGE 401): FROM THE SOUTHWEST CORNER OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, RUN THENCE EAST ALONG SOUTH BOUNDARY LINE OF SAID GOVERNMENT LOT 5 A DISTANCE OF 336.7 FEET TO INTERSECTION WITH THE WEST RIGHT-OF-WAY OF OKEECHOBEE AVENUE EXTENDED SOUTH; THENCE NORTH ALONG THE WEST RIGHT-OF-WAY LINE OF OKEECHOBEE AVENUE A DISTANCE OF 122.3 FEET FOR POINT OF BEGINNING; THENCE WEST PARALLEL TO SOUTH BOUNDARY OF GOVERNMENT LOT5 FOR A DISTANCE OF 199.7 FEETTO INTERSECTION WITH THE WEST BOUNDARY LINE OF GOVERNMENT LOT 5; THENCE NORTHEASTERLY ALONG WEST BOUNDARY LINE OF GOVERNMENT LOT 5 A DISTANCE OF 89.73 FEET; THENCE EAST PARALLEL TO SOUTH LINE OF TRACT A DISTANCE OF 154.76 FEET TO THE WEST RIGHT-OF-WAY LINE OF OKEECHOBEE AVENUE; THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 77.7 FEET TO POINT OF BEGINNING, BEING A PART OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. PARCEL III: (FROM TITLE COMMITMENT): A PORTION OF ABANDONED COUNTY ROAD RIGHT-OF-WAY IN SECTION 21, TOWNSHIP 17 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 21 AND BEAR SOUTH 89 DEGREES 45 FEET48 INCHES WEST ALONG THE SOUTH LINE OF SAID SECTION 21 TO THE INTERSECTION WITH THE WEST RIGHT- OF-WAY LINE OF SOUTHWEST 7T" AVENUE, EXTENDED A DISTANCE OF 56.50 FEET; THENCE BEAR NORTH 00 DEGREES 01 FEET 02 INCHES WEST ALONG THE WEST RIGHT-OF-WAY LINE OF SAID SOUTHWEST 7T" AVENUE, A DISTANCE OF 199.84 FEET' THENCE BEAR SOUTH 89 DEGREES 45 FEET 48 INCHES WEST, A DISTANCE OF 155.43 FEETTO THE INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF THE SAID ABANDONED COUNTY ROAD AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89 DEGREES 45 FEET 48 INCHES WEST TO THE INTERSECTION WITH THE EXTENSION OF THE WEST LINE OF BLOCK 248, FIRST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 11, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 44.61 FEET; THENCE BEAR SOUTH 00 DEGREES 02 FEET 53 INCHES WEST ALONG THE WEST LINE OF SAID BLOCK 248 EXTENDED TO INTERSECT WITH THE AFORESAID EAST RIGHT-OF-WAY LINE OF THE ABANDONED COUNTY ROAD A DISTANCE OF 77.71 FEET, THENCE BEAR NORTH 29 DEGREES 48 FEET 39 INCHES EAST ALONG THE EAST RIGHT-OF-WAY LINE OF ABANDONED COUNTY ROAD A DISTANCE OF 89.77 FEET TO THE POINT OF BEGINNING. PARCEL V: (O.R. BOOK 419, PAGE 788): BEGINNING AT THE INTERSECTION OF HOPKINS MEANDER LINE AND THE SOUTH BOUNDARY LINE OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, AND RUN NORTHEASTERLY ALONG SAID HOPKINS MEANDER LINE 28.6 FEET FOR A POINT OF BEGINNING; THENCE EAST PARALLELING SAID SOUTH LINE OF SECTION 21 AFORESAID, A DISTANCE OF 56.6 FEET; THENCE NORTH 175 FEET; THENCE WEST 240 FEET; THENCE SOUTH 175 Page 2 of 4 Pq FEET; THENCE EAST 183.4 FEET TO THE POINT OF BEGINNING, SAID LAND LYING IN AND COMPRISING A PART OF GOVERNMENT LOTS 3 AND 5 OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST. LESS AND EXCEPT THE EAST 160 FEET. PARCEL VI: A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE INTERSECTION OF THE HOPKINS MEANDER LINE AND THE SOUTH LINE OF SECTION 21; THENCE BEAR NORTHEASTERLY ALONG SAID HOPKINS MEANDER LINE A DISTANCE OF 28.6 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SOUTHWEST 15TH STREET; THENCE BEAR NORTH 89 DEGREES 36 FEET 23 INCHES EAST ALONG SAID RIGHT-OF-WAY LINE (ALSO BEING 25 FEET NORTH OF AND PARALLEL TO THE SAID SOUTH LINE OF SECTION 21) A DISTANCE OF 56.43 FEET TO THE SOUTHEAST CORNER OF THE LANDS DESCRIBED IN O.R. BOOK 153, PAGE 803 AND THE POINT OF BEGINNING; THENCE DEPARTING SAID RIGHT-OF- WAY LINE, BEAR NORTH 00 DEGREES 18 FEET 09 INCHES WEST ALONG THE EAST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 153, PAGE 803 A DISTANCE OF 97.24 FEET TO THE SOUTHWEST CORNER OF THE LANDS REFERRED TO AS "PARCEL 2" IN O.R. BOOK 581, PAGE 401; THENCE BEAR NORTH 89 DEGREES 36 FEET 39 INCHES EAST ALONG THE SOUTH LINE OF SAID "PARCEL 2" A DISTANCE OF 99.49 FEET TO THE NORTHWEST CORNER OF THE LANDS REFERRED TO AS "PARCEL 1 "IN O.R. BOOK 581, PAGE 401; THENCE SOUTH 00 DEGREES 39 FEET 46 INCHES EAST ALONG THE WEST LINE OF SAID "PARCEL 1" A DISTANCE OF 97.23 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID SOUTHWEST 15TH STREET; THENCE BEAR SOUTH 89 DEGREES 36 FEET 23 INCHES WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 100.10 FEET TO THE POINT OF BEGINNING, CONTAINING 0.22 ACRES. MORE OR LESS. PARCEL VII: BEGINNING AT THE INTERSECTION OF HOPKINS MEANDER LINE AND THE SOUTH BOUNDARY LINE OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, AND RUN NORTHEASTERLY ALONG SAID HOPKINS MEANDER LINE 28.6 FEET FOR A POINT OF BEGINNING; THENCE EAST PARALLELING SAID SOUTH LINE OF SECTION 21 AFORESAID, A DISTANCE OF 56.6 FEET; THENCE NORTH 175.OFEET; THENCE WEST 80 FEET; THENCE SOUTH 175.0 FEET; THENCE EAST 23.4 FEET TO A POINT OF BEGINNING; SAID LAND LYING AND COMPRISING A PART OF GOVERNMENT LOTS 3 AND 5 OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, O.R. BOOK 596, PAGE 1731. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Single Family -One (RSF-1) and Holding (H) Zoning District to Planned Unit Development- Reside nital (PUD-R) Zoning District. The zoning for this parcel is subject to the further limitations of the Comprehensive Plan, Future Land Use Element, Policy 2.6. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. �5 Page 3 of 4 3 . INTRODUCED for first reading and set for final public hearing on this 6 th day of November, 2007. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 4" day of December, 2007. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 4 of 4 1/�"r ✓ Name of property owner(s): 151 Street Homes LLC ' Owner mailing address: 701 Brickell Avenue, Suite 1740, Miami, FL 33131 Name of applicant(s) if other than owner (state relationship): Jose Rasco, CFO for Owners Applicant mailing address: 701 Brickell Avenue, Suite 1740, Miami, FL 33131 Name of contact person (state relationship): John D. Cassels, Jr., Attorney for Owners Contact person daytime hones : 863/763-3131 Fax:: 863/763-1031 ✓ Property address / directions to property: Southwest 9fl' Street South to Southwest 15" Street t, Y,3 t Indicate current use of property: Single family/vacant/natural pasture Describe improvements on property, including number/ a of dwellings and whether occupied ifnone, so state P P PAY, g number/type � P (ifnone, Three (3) single family residence (2 vacant -1 occupied) Approximate number of acres: 50.478 Is property in a platted subdivision? No Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: No P R O Have there been any land use applications concerning all or part of this property in the last year? If so, indicate P date, nature and applicant's name: 12/20/06 - Rezoning application from RSFI to PUD consisting of a mix of E RSF detached and RSF attached and condominiums - 15' Street Homes, LLC R� rt Is a sale subject to this application being granted? No Y ; Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: No, remainder for future development. Describe adjoining land uses / improvements to the North: Residential single family (RSFl) South: RSF East: RSFI NE: Church West: RSF1 Existing zoning: RSFI and Holding Future Land Use classification: Single family (SF) Actions Requested: ( X ) Rezone (_ ) Special Exception L_) Variance Parcel Identification Number: See attached exhibit ✓ I Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 i" . onment of up to 30 days and may result in the summary denial of this application. Jose Rasco Signature Printed Name Date Uniform Land Use Application (rev. 1/03) fit • PJ 7s Page I of 2 a ra� , JOHN D. CASSELS, JR., P.A. LAURA ANN McCALL, P.A. LAW OFFICE OF CASSELS & P. O. BOX 968 - 400 NW 2"d STREET • OKEECHOBEE, FL 34973 - TELEPHONE 863-763-3131 - FAX 863-763-1031 - E-MAIL mail@legal-one.com August 27, 2007 Mr. James G. LaRue City of Okeechobee 55 S.E. 3`d Avenue Okeechobee, FL 34974 RE: The Lakehouse Dear Mr. LaRue: Our File No: 4107 Enclosed please find an application to change the zoning classification from RSF-1 to Planned Unit Development (PUD-R). Naturally, the required exhibits are enclosed with each petition together with a number of optional exhibits which will assist in the City's evaluation and action upon the requests. To summarize the information contained in the attachments and exhibits to this letter, the proposed Lakehouse community comprises approximately 50 acres in the southwest section of the City and is made up of multiple parcels separated only by S.W. 9" Street. The project is owned by l 5"' Street l lomes, LLC. The property is currently within the Single Family Future Land Use classification of the City's Comprehensive Plan and is zoned RSF-1 and holding. A change to the PUD-R is requested due to the unique nature of the property and preserve areas necessitated not only by water quality and storm water management issues, but protection of a Bald Eagle habitat as well. The PUD zoning is needed to afford flexibility with regard to lot area, yard requirements and set backs. Despite the request for the PUD designation, the Lakehouse seeks no commercial or industrial uses. The City's planned unit development ordinance is the ideal method of achieving the developers' vision for this property while at the same time providing the City with an enforceable development plan which will not permit a substantial deviation without re -submittal to the City Council. Few, if any other zoning classifications, permit the degree of oversight or require adherence to a stated development plan. In this sealed back project, the developers of the Lakehouse are committed to adhering to the concurreney requirements of the City of Okeechobee Code of Ordinances and the state law. The roads and sidewalks will be dedicated to the public with ample passive recreation and preserve areas are within the site. The development team has made initial contact with the Okeechobee County School District and recognizes that school impact fees are now in place. Payment of concurrency fees are required at the building permit application process and accordingly, the Lakehouse will have complied with the school concurrence requirements prior to unit occupancy. The regional landfill has ample reserves for this project and a letter to this effect has been requested from Waste Management. Likewise, the Lakehouse Project had reserved 210 Equivalency Units (EU's) and is in the process of negotiating for the balance necessary. With the announcement by the Okeechobee Utility Authority of the proposed plant expansion, there will be; Ex 41 4. &/W[41,J7-71142 WPDI Exhibit A.1 Project Location Map w/ Aerial '4107-70848. W PD] 7/1s v.. INC. CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEYING & MAPPING GIS "Partners for Results Value by Design" 421 N.W. 3"Stree' gya4vchobee, FL 3497" (363) 763-6 )9� Pg 9/1 s�63-669- Project No. 05-0260 ADDITIONAL PROJECT STATEMENTS TBm LmcmouSE OKEECHOBEE, FLORIDA Proiect Description: The Lakehouse is a planned urban development proposed on 50-E acres located in the City of Okeechobee. The proposed project is bound by SW 9th Street to the north, SW 15ffi Street to the south, existing single family residential and SW 101h Avenue to the west, and existing single family residential and SW 7t' Avenue totthe east. The proposed development will include all of the essential stormwater management facilities, roadways, utilities, and preserve area. The utilities proposed include underground power, central water & wastewater service, phone, and cable. Areas to be Dedicated for Public Use: The areas to be dedicated for public use for the Lakehouse will include sidewalks and other infrastructure throughout the project located within the right of way of the arterial roadway. Phasing, Plan and Time Frame for Completion of the Entire Development: The project is proposed to be built in one phase and construction for the project is expected to be completed by 2009. Description of Environmentally Sensitive Areas: Environmentally sensitive areas located within the project include an eagle's nest with 100' primary protection zone and a 492' eagle buffer zone. There are also 3 wetlands located within the project all with 25' wetland buffers and upland preserve areas surrounding them. Please refer to the attached construction plans for the size and location of each of these environmentally sensitive areas. List of Required Regional, State, and Federal Permits: • Environmental Resource Permit — South Florida Water Management District • Water Use Permit - South Florida Water Management District ( requirement pending) • Consumptive Use Permit (Dewatering Permit) - South Florida Water Management District • Wastewater Collection/Transmission Permit — Florida Department of Environmental Protection • Construction of Water Main Extensions for Public Water Systems - Florida Department of Environmental Protection tf � Exhibit A.2 - Project LocationMap w/o Aerial E14RO [4107-70848 WPD) 9 - 75 Exhibit A.3 - Conceptual Site Plan [4107-70848-WPD] • ti• ♦ a /1 75 114, 1 1 Ir INC. CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEYING & MAPPING GIS "Partners for Results Value by Design" <</75 421 N.W. T" Street Okeechobee, FL 34972 (863) 763-8999 FA.;: (863) 763-6692 Project No. 05-0260 ADDITIONAL PROJECT STATEMENTS THE LAKEHOUSE OKEECHOBEE, FLORIDA Project Description: The Lakehouse is a planned urban development proposed on 50f acres located in the City of Okeechobee. The proposed project is bound by SW 9th Street to the north, SW 15'' Street to the south, existing single family residential and SW 10th Avenue to the west, and existing single family residential and SW 7'b Avenue to the east. The proposed development will include all of the essential stormwater management facilities, roadways, utilities, and preserve area. The utilities proposed include underground power, central water & wastewater service, phone, and cable. Areas to be Dedicated for Public Use: The areas to be dedicated for public use for the Lakehouse will include sidewalks and other infrastructure throughout the project located within the right of way of the arterial roadway. Phasinp_Plan and Time Frame for Completion of the Entire Development: The project is proposed to be built in one phase and construction for the project is expected to be completed by 2009. Description of Environmentally Sensitive Areas: Environmentally sensitive areas located within the project include an eagle's nest with 100' primary protection zone and a 492' eagle buffer zone. There are also 3 wetlands located within the project all with 25' wetland buffers and upland preserve areas surrounding them. Please refer to the attached construction plans for the size and location of each of these environmentally sensitive areas. List of Required Regional, State, and Federal Permits: Environmental Resource Permit — South Florida Water Management District Water Use Permit - South Florida Water Management District ( requirement pending) Consumptive Use Permit (Dewatering Permit) - South Florida Water Management District • Wastewater Collection/Transmission Permit — Florida Department of Environmental Protection • Construction of Water Main Extensions for Public Water Systems - Florida Department of Environmental Protection 3 €fig Es 9 to t y3 Pit =8�c�:Ya�� $88#o a9g9 808� ok8$ a rs x �sas Exhibit A.4 - Boundary and Topographic Survey [4 107-70848. WPD] 13/75 Exhibit B - Project Aerial [4107-70848.WPD] �r 07 "'Olf Exhibit C - Project Soils Map (4107-70848_WPD] �,ra- • EXHIBIT SOILSMAP , SOILS LEGEND: 7-. FLORIDANA, RIVIER-A, & PLACID SOILS, DEPRESSIONAL 11- IMMOKALEE FINE SAND -W� 12 -4)- 0 MEN= WA Ron wo ft O 2006 LE3FH 1, CONSULTING CIVIL ENGINEERS, Scale: SURVEYORS & MAPPERS 600' PROJECT NAME: " Partners For Results, Sheet 1 OF I THE LAKEHOUSE I )IN C. Value By Design:' 421 N.W. 3rd Street, Okeechobee, F1 34972 Computed: RR Date FIE N01 Project No. (863) 763-8999 Fox (863) 763-6692 BPR & FBPE License No 959 www.lbfh.com JChecked: MM 8/24/2006 P#RMIT-ESN 05 C2 Cf 0 E0- Pg/7/`is Exhibit D - Project Quadrangle Map [4107-70848 WPD] s ��• 1 7,s a0 P EXHIBIT D QUADRANGLE MAP LA rt L 4 Aw .ter. c r - c0 ICIJ 7 212 4�17 p� ■ is 41 motto 8 ■ �! yt w : r! ;F ; r a +in o`er o i Y A li IY a- ■ o . , „8 i s, O 2006 LBFH Inc CONSULTING CIVIL ENGINEERS, Scole: 1 "— 600' PROJECT NAME: lbfp SURVEYORS & MAPPERS "Partners For Results, Sheet 1 OF ? THE LAKEHOUSE Value By Design" 421 N.W- 3rd Street, Okeechobee, FI 34972 Computed RR Dote aFIV 'N0. Project 4*,. (863) 763-8999 Fax: (863) 763-6692 BPR & FBPE License No: 959 www.ibfh.com Checked: MM r 8�24%200f� PERMIT— XH 0V-0i?60 A :a- Pq 149/wn Exhibit E - Regulated Resources Exhibit Prepared by ECF [4 ] 07-70848. WPD] E)e 4p- 4X/MS ol 0 Exhibit F - Drainage Statement [4107-70848 WPD) EX 2 s. p 440175 up o F <o z = r ax = �q f ; o® z v ti a.w JJ¢ •. �1 0_ (: r b i Ili �o -�I Hj6l 'M-Myew'yyy Z96C 11 LOOZ/Sl/B SV_bV-`V1NIMOb �N3'6mp-8V MV 1V1N3WNO' iMN3 011d�slgl�xj�Ali7�yuua�nggrn�n w z L z Ir o m m o o z 0 � 0 3 3 rTIq 0 W ~ ~ S.w. 15th STREET Ex 20 PJAIZ I d � a !'.La I 0 a IL Ems Dui N+EI -- I'-- WV 99 6E I l LOOVSUG 'ab--G 'tn 1161H%3 AtlVONO09 35VM"G O/1d-gWxAt U'J\U—dWGZO-SO\'--, Exhibit G - Utility Statement [4107-70848. WPD] INC. &bf CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEYING & MAPPING GIS "Partners for Results Value by Design" CX400-11 421 N.W 3"Street Okeechobee, FL349%? (863) 763-8999 FAX- (863)763-6692 Project No. 05-0260 UTILITY STATEMENT THE LAKEHOUSE OKEECHOBEE, FLORIDA This document describes the proposed water and wastewater utilities that will serve the planned Lakehouse residential development in southwestern Okeechobee County, Florida. The Lakehouse is a 50+ acre proposed planned urban development, to be located north of SW 15`h Street and south of SW 9`h Street, in the southwestern quadrant of the City of Okeechobee. The proposed development is to include 136 single family homes, along with related infrastructure — i.e. roads, drainage, wetland and upland preserve areas, etc. Water Services:• Water and fire suppression services will be provided by extending existing water mains and adding fire hydrants as required. Municipal water is available to the development. The applicable FDEP and local approvals required for water main extensions will be acquired by the client prior to construction. The project area and the client have signed a developer's agreement with the Okeechobee Utility Authority. Wastewater Services: Wastewater services will be provided by connecting to existing sanitary manholes located near the development. Municipal wastewater service is available to the development. The applicable FDEP and local approvals required for wastewater collection will be the acquired by the client prior to construction. The project area and the client have signed a developer's agreement with the Okeechobee Utility Authority. LODOC II, LLC Post Office Box 912 Okeechobee, FL 34973-0912 October 17, 2007 City of Okeechobee Planning Board c% Department of General Services 55 SE 3rd Avenue, Room 101 Okeechobee, FL 34974-2903 . RE: Petition 07-013-R, The Lakehouse PUD-R Dear Mr. Chairman: Thank you for the opportunity for public input and participation on the above referenced petition. After reviewing the application and staff reports, I must strongly object to the proposal. My mother and 1 own all of Blocks 13 and 16, of the Southwest Addition located in close proximity to the proposed development. We purchased the property with the ultimate goal of building sigle family residences in a typical residential setting. I am sure many others in the general area have similar hopes and aspirations. Thus far we have been encouraged with the 2006 valuation of our property. The Okeechobee County Property Appraiser valuation of our property also seems to indicate that the area has tremendous potential. However, it is my belief that by allowing a proposed development such as this that a decline in property values in the area is inevitable. In addition, the proposed development of 136 additional residences on the subject property will increase the population density pattern thereby increasing and overtaxing public services and facilities. I also believe the proposed development will excessively increase traffic congestion and will adversely influence living conditions in the general area. Once again thank you and the City of Okeechobee Planning Board for giving me the opportunity to express my opinion. Sincerely yours, . 4w ex 07 a. pq 017/ 75 Chief Smith made a motion to approve Bass Okeechobee Funeral Home and Crematory site plan review for developing a funeral home and associated vehicular use for property located at the Southeast comer of the intersection of US Highway 441 and Northwest 13th Street, subject to confirming that 1. the parking ratio is correct , 2. the 10 foot setback be met, 3. the flow test on hydrant is acceptable, 4. the project meets the proposed lighting standards recommended by the Planning Board and approved by the City Council before breaking ground on this project, 5. the letter from DOT on the Northwest 13th Street access be received, and 6. Sec. 78-36 Sidewalks, driveways, and pedestrian access: (1) All projects constructed in zoning districts set out in Section 90-71 of the City Code, except residential districts, wherein the lands of the owner and/or developer adjoin a collector or arterial street or city right of way, shall provide sidewalks adjacent along each such street or right of way.; seconded by Chief Davis. Engineer Bermudez voted nay. Motion carried (4-1). 4. The Lakehouse. The application for conceptual site plan review was submitted by John D. Cassels, Jr. on behalf of property owner 15th Street Homes, LLC. for recommendation to the Planning Board for rezoning request of Planned Unit Development — Residential (PUD-R). The proposed Lakehouse Community comprises approximately 50 acres in the Southwest section of the City and is made up of multiple parcels separated only by Southwest 9th Street. Brief legal description: All that part of Section 21, Township 37 South, Range 35 East, Okeechobee County — Planning Consultant. Mr. Brisson stated assuming the applicant provides acceptable explanations of, or modifications to, the proposed concept plan relative to LaRue Staff concerns over the rear yard setbacks, LaRue Staff finds the concept plan to be in conformance with the intent, standards, and requirements of the PUD-R District. Mr. Sumner, Engineer of Record on the project, distributed a colored neighborhood plan detail to the committee. He commented that they want to set the bar high for future projects of this nature. Mr. Whitehall stated that the committee was new at this process. Mr. Brisson explained to the committee, at this stage, the committee should be looking at the layout for the general transportation circulation, road width, fire service and or protective services, and physical attributes in the City Staff area that might cause problems. Primarily safety concerns and provision for utilities. Mr. Hayford stated the applicant recently submitted plans for their usage of water and wastewater. They entered into an agreement with OUA last November for wastewater service only. There is ample water supply in the area for the project. Currently OUA is reviewing their plans. Mr. Schaub inquired as to the type of community that is planned? Mr. Sumner answered, no age restrictions, and community would be open to the public with the exception of the clubhouse. Mr. Schaub expressed concern regarding the radius of turning into the garages from the street. Might be a traffic problem with residents backing out of their driveways across from each other at the same time. Mr. Sumner explained the alley is almost as wide as the standard road. There are nine foot drive lanes, two-way traffic in the alley, so it is not a single use, like a twelve foot alley lane where two vehicles are trying to pull into. Similar to front loaded garages. Mr. Brisson interjected, stating that he lives in a little subdivision that has nine foot driving lanes with aisles of trees in between, all front loading garages and typically there are no problems. Mr. Sumner said he would measure out turning radius's for typical vehicles and make sure there is not a problem. Chief Smith stated, the measurements would have to made for more than typical to accommodate the fire vehicles. Chief Smith also inquired as to the height of the trees and their clearance from the ground? The drawing shows the trees hanging over the roadways, fire trucks may have a problem. Mr. Sumner reported not getting that far into the landscaping to determine that aspect. If you provide us with the vertical separation criteria we will make sure the landscape meets the criteria. Also, Chief Smith said he would provide the turn radius for the fire vehicles. The project will provide for 20 feet of pavement for each entrance from the alley for the stabilizer for the ladder truck. 4 /Q75 - The alleys will be built to the City rodandards. Hydrants will have to be supp& all areas. Chief Smith asked what the houses would be made out of. The answer was cement block. Mr. Hayford commented on the design of the water system for the hydrants. OUA standards are very minimum, 500 gallons per minute (gpm) from the hydrant. We rely on the design engineer to look at the emergency services required based on density of project. It was determined 1,000 gpm would be the starting point. The project is closer to townhouses in net density. Mr. Sumner stated they would start with 1,000 and if the City wanted anything higher to let them know. Engineer Bermudez added the engineering department would be looking into all permitting from SFWMD, DEP and all other agencies. Mr. Sumner replied, we will get them all. Also we will be reviewing all drainage issues. Chief Davis asked about street lighting. Mr. Sumner replied we will be proposing street lighting. Mr. Cassels commented, one of the advantages with this type neighborhood, is that you actually have access to all four sides, where in the typical neighborhood you really only have access to the front. Chief Smith made a motion to approve the Lakehouse concept plan and move it on to the Planning Board for recommendation to City Council for rezoning request of Planned Unit Development -Residential (PUD-R) for approximately 50 acres in the Southwest section of the City; seconded by Engineer Bermudez. Motion carried (5-0). E. Adjournment — Chairperson. There being no further items on the agenda, Chairperson Whitehall adjourned the Technical Review Committee meeting at 11:55 a.m. PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the Technical Review Committee with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be bases. General Services media are for the sole purpose of backup for official records of the Department. ATTEST: Betty J. Clement, Secretary ex 476, f XY 7VT Brian Whitehall, Chairperson . 5 r 0pity of Okeechobee 0 *19is* Fire Department 10/5/2007 The Lakehouse To Whom It May Concern: The following items are to be addressed when planning above project: 1) Emergency Apparatus shall have a minimum of 20 feet width on road access 2) Emergency Apparatus shall have a minimum of 14 feet vertical clearance on road access 3) Turning radius of any cul de sac shall be a minimum of 50 feet 4) Hydrants shall be a maximum of 500 feet apart Note of concern: On the SE Comer of the property: there appears to be a dead end street which extends to around 350 to 400 feet. Fire codes require any dead end over 150 feet needs to have a way for emergency apparatus to turn around. Herb Smith Fire Chief/Marshal Okeechobee-FD FX20' � 7� S.E. Third Avenue 9 Okeechobee, Florida . 34974-2932 ® 863-467-1586 . Fax: 863-763-4489 • i 3 i D i acxson atreet, Nuite mo • Fortyers, Florida 33901-2845 • Ph 39-334-3366 Fax: 239-334-6384 Rezoning Request Prepared for: City of Okeechobee Applicant 07-013-R, The Lakehouse PUD R ck;, 0, 04 SI/ TS Staff Report lication No.: 07-011-TRC Site Plan Review Applicant's Name. The Lakehouse General Information Legal Description of Subject Property: All that part of Section 21, Township 37 South, Ranee 35 East, Okeechobee County, Florida, lying West of Blocks 248 and 249, and Southerly extension thereof_ 'FIRST ADDITION TO OKEECHOBEE Fl_ORIDA". as recorded in Plat Book 5, Page 6, Okeechobee County Public Records; South of Southwest 9th Street: North of Southwest 15th Street; and East of Block 202. and Southerly extension thereof,-OKEECHOBEE" as recorded in Plat Book 5, Page 5, Okeechobee County Public Records; and East of Southwest loth Avenue, within the City Limits of Okeechobee, Florida. LESS AND EXCEPT FROM THE ABOVE DESCRIBED PARCEL: Beginning at the Intersection of Hopkins Meander Line and the South boundary line of Section 21, Township 37 South, Range 35 East, and run Northeasterly along said Hopkins Meander Line 28.6 feet for a POINT OF BEGINNING; thence East paralleling said South line of Section 21, aforesaid 56.6 feet; thence North 175 feet; thence West 240 feet; thence South 175 feet; thence East 183.4 feet to the POINT OF BEGINNING; said land lying in and comprising a part of Government Lots 3 and 5 of Section 21, Township 37 South, Range 35 East. ALSO LESS AND EXCEPT FROM THE ABOVE DESCRIBED PARCEL: A 30' wide strip of land as described in Official Records Book 351, Page 618, Okeechobee County Public Records. Parcel ID#: 2-21-37-35-OA00-00006-B000 PARCEL II: e .. Beginning at the intersection of Hopkins Meander Line and the South boundary line of Section 21, Township 37 South, Range 35 East, and run Northeasterly along said Hopkins Meander Line 28.6 feet for a POINT OF BEGINNING; thence East paralleling said South line of Section 21, aforesaid 56.6 feet; thence North 175 feet; thence West 240 feet; thence South175 feet; thence East 183.4 feet to the POINT OF BEGINNING. Said land lying in and comprising a part of Government Lots 3 and 5 of Section 21, dw 2 A!P/ 7.5 Staff Report Site Plan Review • �Application No.: 07-011-TRC cant's Name: The Lakehouse Township 37 South, Range 35 East. LESS AND EXCEPT the East 160 feet. Parcel ID#: 2-21-37-35-OA00-00027-B000 PARCEL III: A parcel of land lying in Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. Being more particularly described as follows: Commencing at the intersection of Hopkins Meander Line and the South line of Section 21, bear Northeasterly along the said Hopkins Meander Line, a distance of 28.6 feet; thence bear East parallel to the said South line of Section 21, a distance of 56.6 feet; thence bear North 175.00 feet; thence bear West, a distance of 80.00 feet to the POINT OF BEGINNING; thence continue West, a distance of 80.00 feet; thence bear South, a distance of 175.00 feet; thence bear East, a distance of 80.00 feet; thence bear North a distance of 175.00 feet to the POINT OF BEGINNING. Parcel ID#: 2-21-37-35-OA00-00027-0000 PARCEL IV: Beginning at the intersection of Hopkins Meander Line and the South boundary line of Section 21, Township 37 South, Range 35 East, and run Northeasterly along said Hopkins Meander Line 28.6 feet for a POINT OF BEGINNING; thence East paralleling said South line of Section 21 aforesaid, a distance of 56.6 feet; thence North 175.00 feet; thence West 80.00 feet; thence South 175.00 feet; thence East 23.4 feet to the POINT OF BEGINNING. Said land lying in and comprising a part of Government Lots 3 and 5 of Section 21. Township 37 South, Range 35 East_ Okeechobee County. Florida. Parcel ID#: 2-21-37-35-OAOO-00027-A000 PARCEL V: A parcel of land lying in Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: For a POINT OF REFERENCE, commence at the intersection of the Hopkins Meander Line and the South line of Section 21; thence bear Northeasterly along said Hopkins Meander Line a distance of 28.6 feet to the North right-of-way line of Southwest 15th Street; thence bear North 89'36'23" East along said right-of-way line (also being 25 feet North of and parallel to the said South line of Section 21) a distance of 56.43 feet to the Southeast corner of the lands described in Official Records Book 153, Page 803 and the POINT OF BEGINNING; Thence departing said right-of-way line, bear North 00°18'09" West along the East line of those lands described in Official Records Book I53, Page 803 a distance of 9724 feet to the Southwest corner of the lands referred to as "Parcel 2" in Official Records Book 581, Page 401; thence bear North 89'36'39" East along the South line of said "Parcel 2" a distance of 99.49 feet to the Northwest corner of the lands referred to as "Parcel 1 "in Official Records Book 581, Page 401; thence South 00°39'46" East along the West line of said "Parcel 1" a distance of 97.23 feet to the North right-of-way line of said Southwest 15th Street; thence bear South 89'36'23" West along said right-of-way line a distance of 100.10 feet to the POINT OF BEGINNING. Parcel ID#: 2-21-37-35-OA00-00028-A000 Of 4? - PqW-715 ..1 Staff Report lication No.: 07-011-TRC Site Plan Review Applicaf,r's Name: The Lakehouse PARCEL VI: From the Southwest comer of Government Lot 5, Section 21, Township 37 South, Range 35 East, thence East along the South boundary line of said Government Lots to the intersection with the West right-of-way line of Okeechobee Avenue extended South, thence North along said right-of-way line of Okeechobee Avenue 25 feet for the POINT OF BEGINNING; thence North along West right-of-way line of Okeechobee Avenue 97.3 feet; thence West parallel to South boundary line of Government Lot 5, 99.6 feet; thence South parallel to East line of Tract, 97.5 feet; thence East parallel to North line of Tract, 99.6 feet, to the POINT OF BEGINNING; being a part of Government Lot 5, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. From the Southwest corner of. Government Lot 5, Section 21, Township 37 South, Range 35 East, run thence East along South boundary line of said Government Lot 5 a distance of 336.7 feet to the intersection with the West right-of-way line of Okeechobee Avenue extended South;. thence North along the West right-of-way line of Okeechobee Avenue a distance of 122.3 feet for POINT OF BEGINNING; thence West parallel to South boundary of Government Lot 5 for a distance of 199.7 feet to the intersection with the West boundary line of Government Lot 5; thence Northeasterly along West boundary line of Government Lot 5 a distance of 89:73 feet; thence East parallel to South line of Tract a distance of 154.76 feet to the West right-of-way line of Okeechobee Avenue; thence South along said West right-of-way line a distance of 77.7 feet to the POINT OF BEGINNING. Being a part of Government Lot 5, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. Parcel ID#: 2-21-37-35-OA00-00028-0000 This is an application to rezone approximately 50.8 acres from RSFl to PUD-R for the development of a residential planned unit involving 136 single-family residences in a variety of lot sizes. The project is located between SW 9`t' and 15a' Streets and between SW 7t' and SW 10a' Avenues in the southwest quadrant of the City. Existing Proposed Future Land Use Map Single -Family: maximum Single -Family Classification allowable density is four d.u./acre; up to 201 dwelling units are allowed. Zoning District RSF1 PUD-R Use of Property Three single-family homes; two Planned residential devel- are occupied and one is vacant. opment 136 detached The balance of the property is single-family residences undeveloped. in a variety of lot sizes. Acreage Approximately 50 acres Approximately 50 acres E,c a - p. 4 a Staff Report Site Plan Review Application No.: 07-011-TRC _&c; nt's Name. The Lakehouse �Adjacentuture Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Sin le-Famil Zoning District: RSF1 Existing Land Use: Vacant with church to the northeast. East: Future Land Use Map Classification: Single -Family Zoning District: RSF1 Existing Land Use: -Single-family South: Future Land Use Map Classification: Urban Residential Mixed Use (URMU, Unincorporated Okeechobee Count Plan) Zoning District: Unincorporated Existing Land Use: -Single-family West: Future Land Use Map Classification: Single-Famil Zoning District: RSFl Existing Land Use: Single-family It is the opinion of the Staff that the rezoning and associated concept plan address the overall intent and purpose of the PUD-R district as embodied in subsections (1) through (7) of Section 90-416(b). i,Comparisonof Proposal• •. • 91 Required Provided Minimum Parcel Size 5 acres 50+ acres Maximum Density 4 d.u./acre 2.7 d.u./acre Maximum Dwelling Units 201 136 Minimum Perimeter Setback 20 feet 20 - 25 feet Minimum Building Separation 12 feet 12 feet Maximum Lot Coverage @ 40% = 20.32 acres 12.62 acres (24.8%) Maximum Lot Coverage and Other Impervious Surfaces @ 60% = 30.48 acres 27.85 acres (54.8%) Minimum Open Space @ 40% = 20.32 acres 22.18 acres (43.7%) Maximum Water Bodies as Percent of Required Open Space @ 50% = 10.16 acres 9.27 acres Minimum Active Recreation Area @ 15 sf/d.u. = 2,040 sf 2,116 sf Cox 42 0 Pg 35 / 75 .�5 r State Report I lication No.: 07-011-TRC Site Plan Review Applicant's Name. The Lakehouse Comments: The proposed concept plan meets all of the above dimensional standards. The proposed concept plan meets all of the above dimensional standards. Staff recognizes that the PUD does not set minimum standards for lot size, width or setbacks, other than the minimum separation of buildings. However, we initially had some concerns with a rear yard setback of only three to four feet. The Applicant subsequently submitted a graphic and explanation of how the small rear yard setback is part of the overall "Traditional Neighborhood Development" approach to the project and has alleviated our concerns. (1) Physical characteristics of the site. The type and pattern of use proposed in the concept plan appears suited to the physical characteristics of the site. (2) Compatibility and relationship to adjacent property. The proposed single-family development, while employing smaller lot sizes than the surrounding area, is of similar density, height and intensity with surrounding development, limits the points access to the surrounding road network, provides for recreational and open spaces for the intended residents and should not materially affect surrounding properties. (3/4) Access and internal circulation. The principal access points are located in a manner that reduces potential conflicts between traffic entering and leaving residences within the project and exterior traffic on the roadways serving the surrounding area. Internal circulation allows for vehicular and pedestrian movement within and among the various residential, recreational and open space areas. (5) Natural and historic features. The development is designed in a manner to preserve the existing eagle's nest from adverse influences and to preserve, and in some instances, enhance existing natural wetland areas. (6) Density. The proposed gross density of four dwelling units per acre is consistent with the limitations imposed in the City's Comprehensive Plan. (7) Screen and trash and refuse containers. This standard will be addressed in the final site plan approval stage. While the Technical Review Committee (TRC) recommended forwarding the concept plan to the LPA for its consideration along with the Applicant's request for the rezoning to PUD-R, the TRC did have some concerns. For the most part, these concerns are of a more detailed nature than will be addressed in a concept plan. However, the Applicant responded favourably to the comments by the TRC members and indicated he would look into these issues. The issues of concern are briefly listed below: rt Ex - 6 Staff Report Site Plan Review ,WApplication No.: 07-011-TRC cant's Name. The Lakehouse a. The Building Official noted that to the extent this development may be oriented to 55+ age group, the radius from the lane (alley) into the rear -loaded garages might be tight. b. The Fire Chief noted that the interior roads will need to be adequate to accommodate a ladder truck in the case of emergencies. The ladder truck needs at least 18' 6" of pavement to accommodate the "outriggers". Also, the roads need to accommodate the turning radius of the ladder truck. While the height of the structures in the development may not require a ladder truck to fight a fire, if the standard engine trucks are not available at the time of a fire call, the ladder truck may be the only one available. C. The Fire Chief also noted that trees in the development will need to be trimmed to a minimum height of 13 feet to allow passage fire fighting vehicles and that it would be a good idea to plan for a standard of 1,000 pound water pressure for fire fighting purposes, rather than the lower 500 pound standard normally used for residential developments at a lower net density. d. The Police Chief noted that street lighting will need to be considered at the more detail site plan stage. Findings Required for Granting Rezoning Petitions (Sec. 70-430) MW bX 3i076 Following are the Staff comments pertaining to the nine required findings under Sec. 70-430. 1. The proposed use is not contrary to Comprehensive Plan requirements. The applicant is requesting to rezone the above -described property from its current zoning of RSF1 to PUD-R in conjunction with a concept plan for the development of 136 detached single-family homes on a variety of lot sizes. Such a use is contemplated in the PUD-R zoning district. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes. A residential planned unit development is specifically identified as a per- mitted use under Division 13 of the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. No, the project will not adversely affect the public interest. Specifically with regard to the availability of public facilities, Staff has determined the following: According to the U.S. Census, the City of Okeechobee averages approximately 2.7 persons per household (pph). Thus, the development of this property could V Staff Report Site Plan Review lication No.: 07-011-TRC Applicant's Name: The Lakehouse generate approximately 367 additional residents (2.7 pph x 136 d.u.) Potable Water: The adopted LOSS for potable water is 114 gpcpd. The impact for the proposed development is as follows 136 units X 2.7 pph x 114 gpcpd = 41,838 gpd. The Applicant has submitted a copy of the developer's agreement indicating the ability of OVA to provide the needed potable water to the project. Sanitary Sewer: The adopted LOSS for sanitary sewer is 130 gpcpd. The impact for the proposed development is as follows: 136 units X 2.7 pph x 130 gpcpd = 47,710 gpd. The Applicant has submitted a copy of the developer's agreement indicating the ability of OUA to provide the needed sanitary sewer services to the project. Solid Waste: The adopted LOSS for solid waste is 13 lbs/person/day. The impact for the proposed development is as follows: 136 units X 2.7 pph x 13 pounds per person per day = 4,771 ppd. The County has recently confirmed a considerable level of excess capacity available to serve the solid waste disposal needs of other major developments in the City. It appears reasonable that the volume of solid waste associated with a development of this size can also be accommodated within the capacity of the County's Solid Waste Facility. Drainage: The proposed development will be required to meet all standards required by the City of Okeechobee and the South Florida Water Management District. Parks & Recreation: The adopted LOSS for parks and recreation is 3 acres/1,000 persons. Based on the estimated population, the minimum acreage requirement for parks and recreation would be approximately 1.1 acres of recreation/open space. The Applicant has identified park areas in the concept plan in excess of this requirement. Traffic: The Applicant has submitted a Traffic Analysis of the projected impact of the proposed project. The findings of the Applicant's Traffic Analysis are summarized as follows: The proposed project is primarily served by local roads, with access provided by SE 9th and 15th Streets. The overall impact of the project is minimal on local streets, estimated to less than 2% of the capacity of the most heavily traveled link along SW 9th Street between SW llth Avenue and S. Parrott. The Traffic Impact Analysis indicates that neither will the level of service on the most heavily traveled nearby local road be reduced nor will turn lanes be necessary. 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 uge RR Patterns. s �8 P36/75 9 0 Staff Report Site Plan Review • Application No.: 07-011-TRC . cam's Name. The Lakehouse Yes. The property involved is surrounded by single-family development. The concept plan for the proposed development includes only single-family homes, although the lot sizes are smaller than those of the surrounding area. There is' nothing inherently incompatible between single-family uses of differing character, such as differences in lot sizes. The expected sizes of the residential structures would not be expected to be out -of -scale with surrounding development and will not be detrimental to land use patterns in the area. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed single-family development, while employing smaller lot sizes than the surrounding area, is of similar density, height and intensity with surrounding development, limits the points access to the surrounding road network, provides for recreational and open spaces for the intended residents and should not materially affect the property values or living conditions on surrounding properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood As a PUD, all structures on the site will be set back at least 20 feet from the perimeter of the property. and surrounding residential uses he entire site will have a minimum 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. While lot sizes are smaller, because of the eagle's nest and wetlands on the site, the overall density of the project is lower than that normally associated with single-family residential uses and the density of adjacent lands. The adequacy of public utilities and the impact on streets have previously been discussed and found to be acceptable. While the actual number of school children has not be estimated, Staff believes at least a substantial portion of the units are likely to be occupied by other than families with school age children. Because of the number of smaller units on smaller lots, the number of school children is likely to be lower than that that would be expected if larger lot development were proposed, even if the number of larger lots were lower than that anticipated under the concept plan associated with the requested rezoning. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affectpublic safety. The Applicant's traffic impact analysis indicates that the proposed use will not reduce the level of service on the affected roadways and have only negligible impacts upon nearby major roadways and local roads. A stormwater management system will be designed to meet standards developed by the .� X 9. 3?/47ar Staff Report Site Plan Review . lication No.: 07-011-TRC Applicant's Name: The Lakehouse oversight agencies to address flooding and drainage. Management systems designed to these standards will result in lower potential for off -site flooding and drainage impacts. No negative affects on public safety . are expected to occur as a result of the proposed rezoning. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No. The only restrictions on the proposed uses are those associated with a planned unit development which, along with the compensating flexibility of the PUD, is especially suited to properties on which are situated environmentally sensitive lands. Staff finds the requested rezoning and associated concept plan to be in conformance with the intent, standards, and requirements of the PUD-R District, and recommends approval. Submitted by: James G. LaRue, AICP Planning Consultant October 10, 2007 TRC Concept Plan Hearing date: September 26, 2007 LPA Hcaring date: October 18, 2007 Attachments Maps or Diagrams — FLUM and Property Appraiser Map Ordinance Fy 4;1 . f V0 / %E;s 10 Staff Report Site Plan Review 0 w2plication No.: 07-011 -TRC , nt's Name: & Lakehouse Subject Property City of 0 EX a- PyyIJ75 Future Land Use Map 1 _ wl {a f o 'l` I � w - 3SllOH�3Hl c x z < s � U it s x if y � 4 h 2 U � J Z Y NI C } Z W Z J O W O G< a s- E,.. o x rc a 3 a s h W W U I 1 1 1 1 1 1 al 3 _ h a 3 u W W M W w c� Q o _ Cl) CO m Z o Z _ OV _ LL i a.M Z o U- W V", = Z O U O J LL O ~ m O CLLJ L _ NNW Z W U) � a- -�r =■ ur � s�■rv■vri ra r r _ p _� pe er urrr L.u, rrr i OR .■ �■ �� is ■��r'ul'n rru' r • ■• ••• ■ r�+�■�rurrarlr orlrn 1 rc0 �� ■� :� �' O ■Ir rrr r�'■�r�lrlrl� om _-, -- �-+ ■� ■7�� 0 ■ fn un ■c � ' an r�uu■11.�r1'r■ /IME e� ■�!�n r I 1 1 ■ ._:-'- ■_■ e_ a i� i=-i�i . �1■ iC �i -- �.: i■ �- �i7n:■ i� co C W O (n w a n 3 CJ O t o of V) D 0. z o U m U N m c 00 3^w a a m in --------- -I ----=- -7- I i I , f I' CY) cy pj O ,j I+ - j - • C�1W Oi 7ui w m8a--f? w � ofi I W, ® TM ! 6 w f WO 6� o a Pik, Bb Est a ti a� 1" Ni. 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Consider Rezoning Petition No. 07-013-R, submitted by Jose Rasco on behalf of property owner 15th Street Homes, LLC. to change the zoning designation from Residential Single Family One (RSF-1) and Holding (H) to Planned Unit Development -Residential (PUD-R) for property located at all that part of Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida, lying West of Blocks 248 and 249, and Southerly extension thereof, First Addition to Okeechobee as recorded in Plat Book 5, Page 6, Okeechobee County Public Records, and is approximately 50.478 acre(s) - Planning Consultant. Consider Rezoning Petition No. 07-013-R, submitted by Jose Rasco on behalf of property owner 15th Street Homes, LLC. to change the zoning designation from Residential Single Family One (RSF-1) and Holding (H) to Planned Unit Development - Residential (PUD-R) for property located at all that part of Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida, lying West of Blocks 248 and 249, and Southerly extension thereof, First Addition to Okeechobee as recorded in Plat Book 5, Page 6, Okeechobee County Public Records, and is approximately 50.478 acre(s). Mr. Brisson stated the LaRue Planning Staff recommendation. He reported the petition meets all comprehensive plan requirements. He went on to explain, essentially the only difference with the PUD-R and single family is the lots are smaller. In conclusion, he further stated, LaRue Planning Staff finds the requested rezoning and associated concept plan to be in conformance with the intent, standards, and requirements of the PUD-R District and Staff recommends approval. Mr. John Cassels, Jr., representing the applicant explained the commitment for specific design for the project. Chair Ledferd inquired once the zoning was established, could there be design changes? Attorney Cook replied, no. Mr. Jose Rasco, owner addressed the Board with happiness to be pioneering the initial PUD zoning, and looking forward to being part of a new process with a traditional neighborhood with walkable areas and pocket parks in all four quadrants of the project. Mr. Rasco added all garages will be in the rear of the homes for curb appeal. Deara Thompson, 1605 Southwest 5" Avenue, said she is pleased the owner and developers listened to the people regarding the multi -family request that was made a few months ago, and is looking forward to being their neighbor. Carlotta Collier, 908 Southwest 7th Avenue, said this property is in her backyard. She has no problem with the land being developed one family at a time, but does have a problem with this large scale happening all at once. I do not want a Wellington or a Royal Palm in my backyard, that is what we are coming down to. What we say today is not what happens tomorrow. When you lose one thing you never get it back. Originally the City Fathers of this town designated this area as single family, and it was to be developed that way. I think if you change what you have there now, you are opening a pandora's box that you can never put a lid on. Vice Chair Hoover spoke to Ms. Collier's concerns regarding single family. Basically this PUD-R is single family. A lot of people do not want to have a lot of property to maintain and want to live on top of each other, also your concerns regarding the schools, they will only build new schools if the numbers are warranted. Board Member McCoy replied this type of development is very common in other parts of the country. Board Member Maxwell inquired as to whether the building plans were ready for submission? Mr. Sumner replied the plans have been submitted to South Florida Water Management District (SFWMD) and are currently under review by the Utility Authority. EX op W P975/75 Board Member Maxwell also inquired al the drainage. Mr. Sumner stated the drainag stem is the one thing that has been reviewed at the state level, literally for months. The drainage work is pretty much locked down. The swale is designed to take what minor sheet flow that comes from off -site. Its primary function is to be the outfall path for the project drainage to get to the 71h Avenue ditch. Mr. Sumner stated that he understands that a lot of other residences in this area have experienced drainage problems, and would contend that not a single one of the subdivisions in the area was built to any kind of State standards or even the City's current standards. Board Member Maxwell asked, when you say your water, do you mean water that goes above your control elevation in your lake? Mr. Sumner answered yes. It is a wet retention system. We have to detain the design form on site and bleed that water out at a rate that is less than what is at the site now. It is held to the rate of the SFWMD pumping station at the down stream end. Chair Ledferd asked whether most of the retention's have an area where there is a pipe that takes you to a certain level where excess water will go through a pipeline and down through the sewer system? Mr. Sumner replied, anything over a 25 year three day storm. If we get more than nine inches of rain then it will over top the control structure, at that point there is only so much you can do. This is why there is a design standard from a drainage standpoint. We've all got bigger problems after that. Board Member Hoover asked whether this property is currently holding water from surrounding properties? Mr. Sumner answered very little water comes this way, according to the topographic survey, but what does is picked up in the swale and transferred to the 7'h Avenue ditch. Our topographic surveys go well off -site specifically to look at that issue. Alternate O'Connor said he lived behind the area and the soil percolates well. Mr. Sumner also reported, there is a lake in the middle that is being cut down a couple of feet from natural ground level to the water table and that storage is there to compensate for the fill that is placed elsewhere on the site. Alternate O'Connor moved to approve Petition No. 07-013-R and recommend to City Council to change the zoning from Residential Single Family -One (RSF-1) and Holding (H) to Planned Unit Development -Residential (PUD-R; seconded by Board Member Burroughs. LEDFERD-YEA HOOVER -YEA KELLER-YEA MCCOY-YEA BURROUGHS-YEA JOHNS -ABSENT JUAREZ-ABSENT MAXWELL-YEA O'CONNOR-YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on December 4, 2007 before City Council. 0 The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid not promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the CiCouncil ofthe City of Okeechobee, Florida will on Tuesday, December 4, 2GO7 at WOO P.M. or as soon thereafter possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on and thereafter to consider final reading of the following Ordinance into law: NO,1002: AN ORDI- NANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZON- ING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTIC)ULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE NESIDENTALHPUD•R (NNIN6NOISTflCT;CAMENDINGTO NTHE ZIONINGEMAP ACT CORDINGLY; 40VIDI�6 FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. The Ordinance is regarding Rezoning Petition No. 07-013-R, submitted by Jose Rasco, on behalf of property owner(s) 15th Steel Homes, I.I.C. The petition is to change the zoning designation from RSF-1 and H to PUD-R for vacant unplatted property located between Southwest 91h Street and Southwest 15th Street. Legal description: Alf that part of Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida, lying West of Blocks 248 and 249, and Southerly ex- tension thereof, "First Addition to Okeechobee Florida," as recorded in Plat Book 5, Page 6, Okeechobee County Public Records; South of Southwest 9th Street, North of Southwest 15th Street; and Eat of Block 202, and Southerly extension thereof, Okeechobee" as recorded in Plat Book 5, Page 5, Okeechobee County Public Records; and East of Southwest 1 Oth Avenue, within the City Limits of Okeechobee, Florida. Less and except from the above described parcel the following: Beginning at the intersection of Hopkins Meander Line and the South Boundary Line of Section 21, Township 37 South, Range 35 East, and run Northeasterly along said Hopkins Meander Line 28.6 for a Point of Beginning; thence East paralleling said South Line of Section 21, aforesaid 56.6 feet; then North 175 feet; thence West 240 feet; thence South 175 feet;'thence East 183.4 feet to the Point of Beginning, said land Iying in and comprising a part of Government Lots 3 and 5 of Section 21 Township 37 South, Ran a 35 East. Toggether with the following described parcels: PARCEL al O.R. Book 581, Page 401): from the Southwest corner of Govern- ment Lot 5, Section 21, Township 37 south, Range 35 East, thence East along the South boundary line of said Government Lot 5 to intersection with the West right-of- way line of Okeechobee Avenue extended South, thence North along said right-of- way line of Okeechobee Avenue 25 feet for Point of Beginning; thence North along West right-of-way line of Okeechobee Avenue 97,3 feel; thence West parallel to South boundary line of Government Lot 5, 99.6 feet, thence South parallel to East line of tract, 97.3 feet, thence East parallel to North line of tract, 99 6 feet, to Point of Beginning, being a part of Government Lot 5. Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. PARCEL 11: (O.R. Book 581, Page 401): from the Southwest corner of Govern- ment Lot 5, Section 21, Township 37 south, Range 35 East, run thence East along South boundary line of said Government Lot 5 a distance of 336 7 feet to intersec- tion with the West right-of-way of Okeechobee Avenue extended South, thence North along the West right-ol-way line of Okeechobee Avenue a distance of 122.3 feet for Point of Beginning; thence West parallel to South boundary of Government Lot 5 for a distance of 199.7feet to Intersection with the West boundary fine of Gov- ernment lot 5; thence Northeasterly along West boundary line of Government Lot 5 a distance of 69.73 feet; thence east parallel to South line of tract a distance of 154.76 feet to the West right-of-way line of Okeechobee Avenue; thence South along said West right-of-way line a distance of 77.7 feet to Point of Beginning, being a part of Government Lot 5, Section 21, Township 37 South, Range 35 East, Okee- chobee County, Florida. PARCEL III: from Title Commitment): A portion of abandoned County Road right-of-way in action 21, Township 17 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: commence at the South one -quarter corner of said Section 21 and bear South 89 degrees 45 feet 48 niches West along the South line of said Section 21 to the intersection with the West right-of-way line of Southwest 7th Avenue, extended a distance of 56.50 feet; thence bear North 00 degrees 01 feet 02 inches West along the West right-of-way line of said Southwest 7th Avenue, a distance of 199.84 feet' thence bear South 89 degrees 451eet 48 inches West, a distance of 155,43 feet ld the intersection with the East right-ol-way line of the said abandoned County Road and the Point of Be- ginning; thence continue South 89 degrees 45 feet 48 inches West to the intersec- tion with the extension of the West line of Block 248, First to to Okeechobee, according to the Plat thereof as recorded in Plat Book 1, Page 11, Public Records of Okeechobee Cous . Florida, a distance of 44.61 feet; thence bear South 00 degrees 02 feet 53 inches West along the West line of said Block 248 extended to intersect with the aforesaid East right-of•way line of the abandoned County Road a distance of 77.71 fee' thence bear North 29 deggrees 48 feet 39 inches East along the East right -Of -way line of abandoned County ficad a distance Of 89.77 feet to the Point of Beginning. PARCEL IV: (Q.R. Book 471, Page 1544): A parcel of land lying in Section 21, Township 37 South, Range 35 East, Okeechobee County, Florda. Being more par- ticularly described as follows: commencing at the intersection of Hopkins Meander Line and the South line of Section 21, bear Northeasterly along the said Hopkins Meander Line, a distance of 28.6 feet; thence bear East parallel to the said South line of Section 21, a distance of 56.6 feet; thence bear North 175.00 feet; thence bear West, a distance of 80.00 feet to the POINT OF BEGINNING; thence continue West, a distance of 80.00 feet; thence bear South, a distance of 175.00 feet; thence bear East, a distance of 80.00 feet; thence bear North a distance of 175,00 feet to the POINT OF BEGINNING. PARCEL V: (O R. Book 419, Page 788) Beginning at the intersection of Hopkins Meander Line and the South boundary line of Section 21, Township 37 South, flange 35 East, and run Northeasterly along said Hopkins Meander Line 28.6 feet for a POINT OF BEGINNING; thence East paralleling said South line of Section 21 afore- said, a distance of 56.6 feet; thence Norlh 175 feet thence West 240 feet; thence South 175 feet, thence East 183,4 feet to the Point of Be inning, said land lying in and comprising a part of Government Lots 3 and 5 of Section 21, Township 37 South, Range 35 East. Less and except the East 160 feet. PARCEL VI: A parcel of land lying in Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows. for a POINT OF REFERENCE, commence at the Intersection of the Hopkins Meander Line and the South line of Section 21; thence bear Northeasterly along said Hopkins Meander Line a distance of 28.6 feet to the North right-of-way line of Southwest 15th Street; thence bear North 89 degrees 36 feet 23 inches East along said right- of-way line (also being 25 feet North of and parallel to the said South line of Section 21) a distance of 56.43 feet to the Southeast corner of the lands described in O.R. Book 153, Page 803 and the POINT OF BEGINNING; thence departing said right-of- way line, bear North 00 degrees 18 feet 09 inches West alongg the East line of those lands described in O.R, Book 153, Page 803 a distance of 97.24 feet to the South- west corner of the lands referred to as "Parcel 2" in O.R. Book 581, Page 401; thence bear North 89 deggrees 36 feet 39 inches East along the South line of said "Parcel 2" a distance of 99.49 feet to the Northwest corner of the lands referred to as "Parcel 1 "in O.R. Book 581, Page 401, thence South 00 degrees 39 feet 46 inch- es East along the West line of said "Parcel 1" a distance of 97.23 feet to the North right-of-way line of saaid Southwest 15th Street, thence bear South 89 degrees 36 feet 23 inches West along said right-of-way line a distance of 100.10 feet to the POINT OF BEGINNING, containing 0.22 acres. more or less. PARCEL VII: beginning at the intersection of Hopkins Meander Line and the South boundaryllne of Section 21, Township 37 South, flange 35fast, and run Northeast- erly along said Hopkins Meander Line 28.61ee! for a Peintof Beginning; thence East paralleling said South line of Section 21 aforesaid, a distance of 56.6 feet; thence North 175.Ofeet; thence West 80 feet; thence South 175.0 feet; thence East 23A teat to a Point of Beginning; said land lying and composingg a part of Government Lots 3 and 5 of Section 21, Township 37 South, Range 35 East, O.R. Book 596, Page 1731. All parcels containing 50.81 acres, mare or less. All members of the public are encouraged td attend and participate in said hearing. The proposed Ordinance may be inspected in its entirety by members of the ppublic in the Office of the City Clerk during regular business hours, Mon -Fri, 8arri Opm, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this hearing, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disability Act (ADA) and Florida Statutes 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Lane Gamiotea no later than two (2) working days prior to the proceeding at 863-763-3372 x215, if hearing or voice impaired, call TOO 1-800-222-3448 (voice) or1-888-447-5620 (TTY), Lane Gamiotea, CMC, CITY CLERK 249799 ON 11/21/07 i Sworn ti:64subsifibi before me this %( o�P�. Jailietta Thiboult ( : Ccmmisslon 9 DD505311 day of d �' y' A.D. 20 u> 9 oa Expires January 10, 2010 , OF FtiO� Bonded Troy Fain insurance me 800.385-7019 i NotatyiPttblic, State of Florida at Large 9► %5 75 EXHIBIT NO. NOV 6 - i" READ EXHIBIT NO. DEC 4 - FINAL ORDINANCE NO. 1003 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 LIGHT COMMERCIAL (CLT) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Tammy Black, on behalf of the owner(s), Building Blocks Academy, of the property more particularly described hereafter, has heretofore filed Petition No. 07- 014-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.569 acre(s) from Light Commercial (CLT) Zoning District to Commercial Professional Office (CPO) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on October 18, 2007, and submitted by staff report, which determined such petition(s) to be consistent with the Comprehensive Plan and is appropriate with the zoning uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and hereby finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 11 AND 12 OF BLOCK 35 AND LOTS 7 AND THE NORTH ONE-HALF OF LOT 8 OF BLOCK 40, FIRST ADDITION TO SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 17, 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 Light Commercial (CLT) Zoning District to Commercial Professional Office (CPO) Zoning District. The zoning for this parcel is subject to the further limitations of the Comprehensive Plan, Future Land Use Element, Policy 2.6. is_ V19 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 6" day of November, 2007. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 4t" day of December, 2007. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney ,F Page 2 of 2 El 1'�pi�ip4 • • r • ■ • ADJUSTMENT AND APPEALS E. Consider Rezoning Petition No. 07-014-R, submitted by Tammy Black on behalf of property owner Building Blocks Academy to change the zoning designation from Light Commercial (CLT) to Commercial Professional Office (CPO) for property located at 1811 Southwest 2'' Avenue, Lot 7 and North one-half Lot 8, Block 40; Lots 11 and 12, Block 35; First Addition to South Okeechobee, Planning Consultant. Consider Rezoning Petition No. 07-014-R, submitted by Tammy Black on behalf of property owner Building Blocks Academy to change the zoning designation from Light Commercial (CLT) to Commercial Professional Office (CPO) for property located at 1811 Southwest 2nd Avenue, Lot 7 and North one-half Lot 8, Block 40; Lots 11 and 12, Block 35; First Addition to South Okeechobee. Mr. Brisson addressed the Board regarding the rezoning petition. He reported LaRue Planning Staff recommends approval. Chair Ledferd asked whether the Board or any citizens wished to speak. There was no response. Board Member McCoy moved to approve Petition No. 07-014-R and recommend City Council change the zoning from Light Commercial (CLT) to Commercial Professional Office (CPO) for property located at 1811 Southwest 2nd Avenue; seconded by Vice Chair Hoover. LEDFERD-YEA HOOVER -YEA KELLER-YEA MCCOY-YEA BURROUGHS-YEA JOHNS -ABSENT JUAREZ-ABSENT MAXWELL-YEA O'CONNOR - YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on December 4, 2007 before City Council. et 13 - f 111q City of Okeeehober� General Services hepartment 55 S.E. V Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 W L i V. Date: I 'r'O 7 Petition No. 0 _ Fee Paid: Wot I y Jurisdiction: f V 1st Hearing: O g G 2nd Hearing: 11 }� 4 0 Publication Dates: Notices Mailed: unnorm Juana use Application Rezone - Special. Exception - Variance ✓ Name. of property owner(t). s :0 A Owner mailing address: I..1 P P Name of applicants) if other than owner (state relationship): L I Applicant mailing address: C A Name of contact person (state relationship): N T Contact person davtime Dhone(_* Vl-.1-fW4A_f1 eZF1 pin-2 )li. �. � ✓ Property address / directions to property:SEE NO 1' indicate current use of property: Describe imp r v ents on pff erty, i ludi;nggnumberftype o dwellings and whether occupied (if none, so state): Approximate number of acres: Is property in a r d subdivision'l is there a current or r ceni u"t* of the ptu)err� that is\\a�a \iolatiun of counm ordinance" _ desctihe ---- R O P Have there been any land use applications concerning all or part of this property in the last year'? if so, indicate date. nature and applicant's name: E R is a sale subject to this application being granted? T Y Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Describe adjoining land uses / improvements to the North: South: East: T' West: C)rM �. Existing zoninAA g: Future Land Use classification: Actions Requested: (_) Rezone ( l/ Special Exception ) Variance Parcel Identification Number: Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500. n imp i onment of up to 30 days and may result in the summary denial of this application. Sig tore Printed Nat'ne Date Uniform Land Use Application (rev. uo3) P ql(q Page 1 of 2 FF I Current zoning classification: �L Requested zoning classification: R What is your desired permitted use under the pro osed classification: Z . O If granted, will the new zone be contiguous with a like zone? E Is a Special Exception necessary for your intended use? '-D I,_-, Variance? Describe the Special Exception sought: S P E C I Provide specific LDR ordinance citation: A L ` Are there other similar uses in the area? If so, describe: -e-so of -e- r� 1 ca., E X C� �' 4'�` M �ti'1 t s C E Why would granting your request be in the best interest of the area and residents? P T business brieflx de scribe naiine in, hid inL� number of eniplovees..11-irs_ noise L_>eneranon and acuv )Iie� io he conducted oui'ide of 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? Pq 511 r e, form LaPd Use Appl-tca.ton li0il Page 2 of BUILDING BLOCKS ACADEMY 1811 SW 2� AVE. OKEECHOBEE FLA. 34974 TO: OKEECHOBEE COUNTY. REZONE 1811 SW 2NDAVE Granting this request is in the best interest of this. community because I employ 18 full time people, and provide childcare for the working parents in the area. In describing my business I employ 18 people. Provide childcare for working parents. My hours are 6:30am-10:00 pm mon-fri. Sat care is also available. The noise generation is at a minimum, only children on playground outside can be heard nearby. Outside activities are only on playground. To my knowledge there has never been a question of any noise generation. rn a37�n5D0�tiitonatnj °r^ � I I32R3)35op5011�331106ID iaz33780m!tl¢O7m¢R70 ]fR37330060003 32ans5c8 3oa1�t1 , _2 +¢Mt4 34¢I?360D§Iki933001190 i3c=351111 D037m030 1 i 3283739009000]t000� �.� , �� •'111!1 a 10 J � � tj niFpQgfiQ0320DOA0 i I DiSQ 1'dj 11j-� i 32LV DOD730005¢ 3PBJ� - 53500i 009A061 to ial7]!i0_p50003AmR50 i It 42. h rn' _ __.._.142.5 142 5 1 }Io.S 1A 1 :Atl3i ftl5DOtL3RD¢070 3283739005RmIamto L LJ . 3aa]735p1§MR35lpt',7p t . ._.._ _.. � � 32R3735Wt5D0D]40D03D I 3a�3,n�3aD0003acD¢!�D �� i 2337350D5CDR350m 3¢D37350D5001ll6¢D39D !! 3 insaR5nramaR050 2 a5003D0 Ito I= 11 r't•5l _.�r,l S? 142_5.. 11425 I 142.F W. C oMvm*�a I �I �l LLJ snamnwnumv -. Cin/AVURv. 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Eskuchen imi i-to Ocean" Tlee, Inc. 14041 US Rolfway One Jim Beach, FL 38US (WI) 62"M Properly APWdears Parcel ldentlkabon (Fotb) Nunbem 3-2837-35-0050-00850-0110 & 00400-007o . L>'E MUH �100#003151 BK OIDS2# PG OdSS WRDN ROBERTSORP CLERK OF CIRCUIT COURT EECHOBEE COUNTY. fL RECORDED 02I24l2004 01135154 PH RECORDING FEES 6.00 DEED DOC 5r565,.00 RECORDED BY li Anlraz �ACEABGN2ZMalAIE t'gtliE�mp0a7A - THIS WARRANTYIDEED, made», 19th day d February, A.D. MW Ity Bullding Blocks Child Care; Inc herein coiled efe waraw. to Building Blocks Academy of Okeechobee, Ina, A Florida Corporation wheas poet: office aftwo is 1811 $1903 S. W. 2nd Avenue, Okeeclobes, FL 34972, hwWnatlet catad ale Gnwdee: (wherever Uqd h rohn fie toraw 'gmnfar rtnd'btsniae htdtxlo so to pour 10 tda trirtarr4 etd "m h.1m. layol mprosont dtl arhd as W. or IndAdtrts. and the ataeaaape and _19m d wrp..M_) _ W 1 T N E S S E T H: That to unni or, brwd in oonswerafto of no eon dTer AND WIWS (S1Q00) Debra and other VAlabla oataldemeorhe, retteipt who . aolar-ledged, hereby grants. bergahle, sells, aliens, rernitree. weaeea, convoys and coiherms-tarro the grardee at ePoafslrn OKSBOHOBEE Caunly, f3mla of Fdda. vtc Lot 7 and North 112 of k 40, FIRST ADDITION TO SOUTH OKEECHOBEE, according to the plat the ded in Plat Book 1, page 17, Public Records of Okeechobee County, Flo Lots 11 and 12, Block as, FIRS ON TO SOUTH OKEECHOBEE, according to the plat thereof recorded , Page 17, Public Records of Okeechobee County, Florida. Subject to zoning, restriction o and other requirements Imposed by governmental authority; esble rs appearing on the plat or otherwise common to the subdh4sion; public utility easements of record and taxes for year of closing and subsequent years. This property is commercial property and not the Homestead of Grantors. TOGETHER, with at the Banernenis, heredimmenta and appurtarmntses thereto belortgIng or in ar"iae, appartahttng- TO HAVE AND TO HOLD, the aama in fee aimpie to —or AND, the grardor herehy covenants with Bahl Ore Woo that the grant., le lawlulty sdzed of aaid lend In lea simple, ttat the grantor has good right and lawful nun -dry to sell and convey said land, and hereby wa,rante the Atla to aeld land and will defend the —a egahmt the iawfuf claims of all perarna whomsoever, and that said lend is fee of all tsncumbrances, except faces acr-.nrinq subsequent b Dece nbar 31. 2008_ IN WITNESSS WHEREOF, the seat grantor has algned and sealed Chase presents If -,a day and year Brat above written Skirted, se" and delivered In the presence of wlbheea;Yh sigrwnae Pdn VPrtrt4 y:r _�_ - tiw yV lt"ma 42 Prinw Name STATE OF FLORIDA COUNTY OF' X8RCIrbt3B+EEVAL-fh13SW-A Build Blocks Child C 1 Br: S Rhonda Strickland, Pre. AIM It E 441h, Ave Rd Ocala, FL _WW The foregoirg Instrument was acknowledged bebra me litre I day of February. 2004 by Rhada striawa Preeldent of Building Blooka Child Care, Inc. on behalf of the corporation_ f-falshe is peril all nown yas produced as ldentflonfim SEAL / to sign MY Camrttfesion 6ghtrea: _it]1Cfte, Printed Notary Slgris9ae gApiNASi to colAriS" III DD OWO wh.nw. znn-ho °• MpESAitghstta, 2i108 .- eoametmhtrorr PV%Iio� �� I L ,00"OO L 3 „Z 1, 0.00 S a ,00'SL „Z L,00.00 S [i — @ I N I- AS b 7f ONImine sm 4 I ANOls L ` Aae ` z_ I ¢ e § _mool x� IlO In � 9NI(llne S8) e� � I 3 00 maanmo N I I — ---LO _ F 00 tt . Z I ; 1 L-'J oom ,00.00L M „ZL,00.00 N 00'4L M eZL,00.00 N �k� avid (133a1s IIAIS N) — e/3 ____— _ d/l —_. M 00.00 N ._... d!i — __ _ y3 _ -._ 3(1N3AV (7N7 M 5 - dr _.. d/3 ____ 13_— O W ! -t wo f 1 P-1 W W 1� a WW O Z ri^fir O S� S� �g os o0 J bam adO 0 0 Oo w0 on JO .d �YYy X �0 (1 V nW N J nm # yj Z � W Z Yp Ym O 7N mFz � $1 6 p o0 N y J Z NOO dl� ZW �o d d' ai V) � O O a ms o o o 5m a0a WN O �K O n �V 0 f11 Z4jp N Y F< ZOZOO ri W '6uj< yy FW UWOR>� O O O< u't�„'11 v�ioofip i'i 0 W J�N WWQ p�ar�n u �riQ n�+ � a �VZIW<� mm0 3: 0 zW t rill i- blam i I i n�usaj�g�5,y�5 `u3¢ i6 o 00 xxxxx mco�Cmo�'o m i�cit aCO) o� 00 F— ca Y C L -O +-� 0 C 'p Ol rMQ c••U mw�cvDa``i'UT'3r�OC � ,mG-0m aO ECOU=> oR0 -00pC rL n LLLCm cc mLL wO0 0 CE CnOC toEmO fO O C � L O OTm m m gO cfroO U) U) O to - D- C .c 70 O. m .- m C tU U Uf N > j � O m 4� M Q CO Y N C7 mp, c�0EQ m carom E2u9 u,O � N m (U O m 0 0 m 0 Y E 0 O `� >0 mO ro o 0 c°l10 E � cQ �.� m> c m e a� m coU m o� m m m C nc E m �N�m�of E 3n E c C oN C=7 m E� �� co o �= m E m O o QM Om m o �Yz 0 mU Em - 0� c 0 co 3 E� E U�� v> T rn o m m oym c `°°J� _ c v m0� rnm m o n E E cn c iU 'Y o_ - c L o Y Z' o 2) o N Z' c U x o c~ = c N a ::3 p c7 ro F- d O N O cV - m D W m [o tq O Q7 W L/ p� to = O L d p X Y N(D Ca Enm c 7 m cn �o t m- m E m L m Q m Q E E U`7 0 E a ro ai a� 0 O o e: oC Cl-oU) m e Eoo rnpo a2 z Eo E N o c C �a 3LLN QZ OU ��_0 ,� c m o '- o Y O S F t- c c =a> o a= c mm 0mm 6- - ¢�UQQO 060 ��mLL O �rnm 3 U� c ►- -qw 4w033m UZU � w m o o z 0 c m= c R o a) c "v `Eg` p mE O Q o Cj E C3 o m o U~ N d'Ec W � m N � LL [L p m u m 0 _ p�fn `� m C N LL d U) C) O ^ Z " N oam m C� U U) o cE J LL (d Q F. PUBLIC HEARING FOR ORDINANCE ADOPTION 2. a. Read Ordinance 670 by title only continued: 2. b. Motion to adopt Ordinance 670. 2. c. Public comment. AUGUST 16, 1994 - REGULAR MEETING - PAGE 4 OF 13 Vote on motion is as follows: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Attorney Cook read proposed Ordinance No. 670 by title only as follows: ,AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY AS RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA, DESCRIBED AS THAT ALLEY IN BLOCK 29; TOWN OF OKEECHOBEE, BY CLOSING SAID ALLEY IN BLOCK 29 BETWEEN LOTS 1-13 AND LOTS 14-26; ALL LOCATED WITHIN THE CITY OF OKEECHOBEE, AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF E CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, HFLORIDA; PROVIDING AN EFFECTIVE DATE." Councilmember Entry made a motion to adopt Ordinance No. 670; seconded by Councilmember Walker. Mayor Kirk askeo for any public comments. There were none. Council discussed the area surrounding the alley to be closed and why the property owners wanted to close the alley. After much discussion, Council - member O'Connor called the question. F. PUBLIC HEARING FOR REZONING AND ORDINANCE ADOPTION 2. d. Vote on motion. CLOSE PUBLIC HEARING G. NEW BUSINESS 1. Motion to appoint Jessica Gore as a regular dispatcher - Police Chief. 2. Motion to appoint Charles Jordan as a regular Utilities Service Supervisor and Hubert Winters as a regular Utilities Service Mechanic - Director of Public Utilities. AUGUST 16, 1994 - REGULAR MEETING - PAGE 5 OF 13 Vote on motion is as follows: KIRK ENTRY x O'CONNOR x WALKER x WATFORD MOTION CARRIED. Mayor Kirk closed the public hearing at 7:34 p.m. Councilmember Watford made a motion to appoint Jessica Gore as a regular dispatcher; seconded by Councilmember Entry. KIR K x ENTRY x O'CONNOR x WALKER x WATFORD x MOTION CARRIED. Councilmember O'Connor made a motion to appoint Charles Jordan as a regular Utilities Service Supervisor and Hubert Winters as a regular Utilities Service Mechanic; seconded by Councilmember Watford. KIRK x ENTRY x O'CONNOR x WALKER x WATFORD x MOTION CARRIED. 1J / ✓ JCLl.1LJUll JLiI:GL, JLL1LG GUU RMWYers, Florida 33901-2845 ' Ph 239-334-3366 Fax: 239-334-6384 EE Preparedfor City of Okeechobee Applicant: Tammy Black - Building Bloc/4 Day Care Academy From: CLT To: CPO Petition No. 07 014 R Staff Report Applicant: Tammy Blac. Building Blocks Day Care Rezoning Request Petition No.: 07-014-R General Information Location: 1811 and 1903 SW 2"d Avenue Legal Description: Lots 11 & 12, Block 35 and Lots 7 & North'/2 of 8, Block 40, First Addition to South Okeechobee P.B. 1, PG. 17, Okeechobee County Public Records. Request: The applicant is requesting a rezoning from CLT to CPO to allow continuation of an existing day care facility. Adjacent Future Land Use Map Classifications and Zoning Districts: The subject property has an existing daycare facility on site. The CPO Zoning is to remedy a mistake made in 1994 when the applicant received a CLT zoning which did not allow the daycare. As such, the applicant has come before you to request CPO that allows a day care facility as a special exception use. The applicant will also need to submit an application for special exception. Staff Report Rezoning Request Applicant: Tan.Black — Building Blocks Day Care Iletition No.: 07-014-R Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. Neither the existing use nor the CPO zoning is contrary to the requirements of the Comprehensive Plan. The Future Land Use Map shows that the subject property is within the Commercial category and the request for CPO zoning is consistent with the Commercial Future Land Use category. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. A day care center is authorized as a special exception use under the requested CPO Zoning district. The applicant will need to submit an application for a special exception to allow continuation of the current use. 3. The proposed use will not have an adverse effect on the public interest. There is no evidence that the existing use has had an adverse affect and none are expected in the future if the use continues. 4_ The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The existing use has been compatible with the surrounding area and will continue to be under the proposed CPO zoning. 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. Continuation of the day care facility at this location will not affect property values in the neighborhood. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood The use can be buffered with landscaping if necessary. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The existing use will not increase demand upon schools or utility services. Traffic impacts will be minimal as there will no increase in the flow of traffic on the 1119 2 Staff Report Rezoning Request Applicant: Tammy Blacl 3ullding Blocks Day Care Petition No.: 07-014-R surrounding roadways. In fact, the retail and personal service uses allowed in the CLT district, but not in the CPO district, are .typically more intensive and have the potential to generate higher volumes of traffic than the limited office and special exception uses allowed in the CPO district. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Continuation of the current use will create no traffic congestion, flooding or drainage problems. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The property is subject to no extraordinary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change will not constitute a grant of special privilege to the owner. Conclusions The proposed zoning is consistent with the Comprehensive Plan, the Future Land Use Map, and the Zoning Map. An excerpt from the Official Zoning Map and an aerial from the Property Appraiser's web site are provided at the end of this report. Recommendation Staff recommends approval of the request to allow rezoning from CLT to CPO permitting the applicant to continue the use as a day care facility. Submitted by. James G. LaRue, AICP Planning Consultant October 10, 2007 1 St Hearing 10-18-07 PB, LPA 2"d Hearing 11-20-07 Council 3 Staff Report • Rezoning Request! Applicant: Ta Black — Building Blocks Day Care Petition No.: 07-014-R City Zoning Map m 0 0 The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a f L.;L_+10 in the matter of 1 t \ C, <k! <k (i C in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid not 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. Swort(todand subschbed before me this ti>) v z day of ��>`i i A.D. 20 c Wblic, State of Florida at Large PUBLIC NOTICE CONSIDERATION OF ADOPTING , A CITY ORDINANCE PLEASE TAKE NOTICE that the Cdy Council of the City of Okeechobee, Rorida will on Tuesday, December 4; 2007 at 6:00 p.m. or as soon thereafter possible, at City Hall, 55 SE 3rdAve., Okeechobee, FL conduct a PUBLIC HEARING on and thereafter to consider final readingg of the following Ordinance Into law. NO.1003: AN ORDI- NANCE OF'THE CITY OF,OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZON- ING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM LIGHT COMMERCIAL (CLn ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE fCPO) ZONING 61STRICT; AMENDING THE ZONING MAP ACCORDINGLY; PRO (DING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DAIS The Ordinance is regarding Rezoning Petition No. 07-014-R, submitted by Tammy Black on behatt of property owner(s) Buildirr�� Blocks Academy. The petition is to change the zoning designation from CLT to CPO'for property located at 1811 South- west 2nd Avenue. Legal description: Lots 11 and 12 of Block 35 and Lots 7 and the North one-half of Lot 8 of Block 40, first Addition to South Okeechobee, Plat Book 1, Page 17, Public Records of Okeechobee County, Florida and is apprmdmately 0.569 acre(s). AD members of the public are encouraged to attend and participate in said hearing. The proposed Ordinance may be inspected in its entirety by members of the publm in the Office of the City Clerk during regular business hours, Mon -Fri, Bam-4:3=' excepptt for holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this hearing, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disability Act (ADA) and Florida Statutes 296.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Lane Gamiotea no later than two (2) working days prior to the proceeding at 863-763-3372 x215: if hearing or voice impaired, call TOO 1-800-222-3448 (voice) or 1-888-447-5620 (ITY). Lane Gamiotea, CIVIC, CFTY CLERK 249804 ON 11/21/07 YCommission # DD505311 j Expires January 10, 2010 OF �p Bonded Troy Fan 1n ,ance me 800-385-7019 ,EXHIBIT NO. V DEC 4 - FINAL ORDINANCE NO. 1004 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM COMMERCIAL TO INDUSTRIAL; 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. 07-013-SSA), submitted by Steven Ramunni, Esquire, on behalf of property owner(s), Mary Ann Newcomer 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, acting as the Local Planning Agency, at a duly advertised meeting held on November 15, 2007, which determined such application(s) to be inconsistent with the Comprehensive Plan and not appropriate to the future land uses within the City; and WHEREAS, the City has not agreed with the recommendations of the Planning Board and finds that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed application(s) is consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately 0.642 acre(s) is hereby re -designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: e1 o Page f 2 a. Application No. 07-013-SSA, from Commercial to Industrial. The Legal Description of Subject Property is as follows: BEGINNING AT THE SOUTHEAST CORNER OF BLOCK 161, TOWN OF OKEECHOBEE, ACCORDING TO PLATTHEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND RUN THENCE SOUTH 70 FEET TO SOUTH LINE OF NORTH PARK STREET FOR THE POINT OF BEGINNING; RUN THEN SOUTH 150 FEET TO INTERSECTION WITH NORTH LINE OF SOUTH PARK STREET; RUN THENCE WEST ALONG SAID NORTH LINE 300 FEET TO INTERSECTION WITH EAST LINE OF FORMER BUT NOW ABANDONED FEC RR; RUN THENCE NORTH ALONG SAID RIGHT-OF- WAY 150 FEET TO INTERSECTION WITH SOUTH LINE OF NORTH PARK STREET AFORESAID; RUN THENCE EAST ALONG SAID SOUTH LINE 200 FEET TO POINT OF BEGINNING; SAID LAND LYING IN AND COMPRISING PART OF EAST ONE-HALF OF SOUTHWEST ONE - QUARTER OF SECTION 16, AND NORTHEAST ONE -QUARTER OF NORTHEAST ONE -QUARTER OF NORTHWEST ONE -QUARTER OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, LESS AND EXCEPT ADDITIONAL D.O.T. ROAD R/W ON SR 70. SECTION4. 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.1004 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 4"' day of December 2007. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 41' day of December 2007. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney q- Page 2 of 2 City of Okeechobe General Services Department 55 S.E. 3T' Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, eat. 218 Fag: (863) 763-1686 Date: $ ( Petition No. (' — 1: s Fee Paid: 56 , CAD Jurisdiction: -CG 1stRearing ID 2ndHearing: Publication Dates: Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: J Small Scale Amendment (Under 10 Acres) `Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): n 13- ru . jr) je et)Mp =A P. Owner mailing address:os-�e L i P L Name of applicant(s) if other than owner (state relationship): & ven C Applicant mailing address: C 1.-Lbelle, Ft- 36q-76 A N Name of contact person (state relationship): T 11 Contact person daytime phone(s): - " 5- 410 L -(p Pax. V Property address / directions to property: `701 5W-Bbr k :5 fi ,4 0Kc-1 �e FT - Parcel Identification Number: Size of the Property (in acres): o.too Current Zoning Designation: P R Current Future Land Use Designation: C14V O P Existing Use of the Property: E Proposed Future Land Use Designation: ��5-(r(Q j R T Proposed Use of the Property: Coryme-rL f(a_ I—Conve n1 e n C re- - Y -Or► Ve'"Thr u- lam- i l i ward Description of Surrounding Properties: t,L {� Wr4 h CB D T �-hC1 LLS-Fr i 6C1 } SoLt.`&) C]3 Q Wes+ : CH V ` �aYluS4r►C' l Legal Description of the Property (Lengthy DescriptionMay be Attached): H1 See a R otc heel Ex h ib)4 , t A f� Uniform Land Use Application (f _ 12/031 3/as Page l of 2 _ _ -_ •' _ . q red'.Attaehmeiits°°�:�':� �:;�'��•:.`� _ i__, Survey of Property (11" x 14", 20" Scale) Letter Outlining Request Notarized Letter of Owner's Authorization Application Fee (non-refundable). City Location Map .. .Corirmati of Iufarmatign Accuracy I her ce that the information in this application is correct. The information included in tl�appli 'on is for use by the City of Okeechobee in processing my request. False or islea ' g information may be punishable by a fine of up to $500.00 and imprisonment of up to 3-Q.da s at<d may result in the summary denial of this application- Siga tore Printed Name Date 4— •J)j .4119;5 Uniform Land Use Application (rev. 12103) Pale ? of 2 l I I < 0 'g � I I � I I=� 9p , i II C. W. OTH AVESLr-- TIKFILCVGA GTR[CT [P 1 Ta Plx - Awfar I I I I I �4g9�AR � 3 I s ^$ _ § $a 42 V ZiF Ee�sE�a r -.3_7 N 4111' ITiR RB�zif 9-�.�'�'A ju ^?-egg sT:3 a ' I f`LORIOA FACT COACT RAILWAY t-----f----=-------1 ---------------- I - tar P/Y - 1xA® X0T lour W Ix UX I ( I I I I vxP'd'z5'E law10 MN 1511'ID.PI I i xm•dxEfx IFl —WVfMvrloorl , I I Imp I� I I$ I IT _ I to I 8 RE C ERVE D I I %o II iv O -T TTx I y - iii��``` t a s - NI al C o . m N Isr xi o• I 6' I I - 1-Ty. !>R IIL 7Ffd1 GrOfd= f• I I a 6 mPur 04E 14Y1'IFI 9m•WWN lu@•Imrll E4 er(FI 11'14 P1 I500'm'I1'Y1/9. S'lL1 �UIX 150'I4 PI------ aim _ $p 1 $= I f� PAIfY131T C. W. 7TH AVH1E �-�125iIE 1 P 1 _ -W. m�x/v - 1sPx.nf A . wx c 1'• EI' m0 .: @-It?5 CEli11FT TQ rxLc sw cfo COIrLE Yils_llu6 [- Yw fY41G( . I lraJ fa/Pue xlw e P1yfi0m15I�3I YdI-G.sf6. ) �gG r1 �GfT_EA_� %f fGTT OrZ.fw: --Fol5M1�n1 - _IoE_fuy _x_w HR�t PC1J 09A-1e.i5E, �]W9 6d`z6 F�- I Wis instrument was prepared by, printed for Icwyow.1ritle auoranty Fund, Odandia. Rmido •--•-- - PAUL R. STANTON, ESO. - WELLISCH AND METZGER, PJL 2e1 Ahwerle Atenae, !]OPt +�n cosAt oAiYf, nourut u1s. Dad (StATUTURY FORIA-5E[TION 664,02 FS.) . — of Janus 19 88 . �ttUltitt �a{S �tt�tttir Mod. this 4 deV rY •.� JOHN A.. SMITH, JOHN R. BROOKS and WILLIAM J. VACHON, As Tenants in Common Florida , grantor*, and i of the County of Okeechobee MM ANN NEWCOMER `• _ whose post office address is p, D. Box 1537, Okeechobee, FL34973 = 1 , State of Florida , grantee`, of the County of Okeechobee WItIVS11r14, That said grantor, for and in,consideration of the sum of Ten and 00/100 ($10,D0) r in hand said ntei. he sof s hereby and other good andvaluable confide and sold ais to dtherontoi soid qro lea, nddgronf srs hems and tassigns fofrever, r the ifollowing ocknowhxlged, has g �. Okeechobee county. Florida, to-wit- �asribed fond, situate, tying ond.being in Beginning at the SE Cornet of Block 161, TOWN OF OKEECHOBEE, according to_plat "t of St. Lucie County, thereof recorded in Plat Book 2, Page 17, Public Records Florida, and run thence South 70 feet to South line of North Park Street for the point of beginning; run thence South 150' to intersection with North line of ~i South Park Street; run thence West along said North line 200 feet to intersection e, --' '_ I with East Line of former but now abandoned FEC RR; run thence North along said �..•` ; .: 1 ! right of way- 150 feet to intersection with South line of North. Park Street R '�- �: aforesaid; run thence East along said South line 200 feet to Point of.Beginning; �... C-'•- said land lying in and comprising part of E 1/2 of SW 1/4 of Section 16, and ; Wt1n. NE 1/4 of NE 114 of NW 1/4 of Section 21, Township 37 South, Range 35 East. This is commercial property and is not the Homestead property of any of the Grantors. ` Subject to: 1. Taxes for the year 1989 and subsequent years; 2. Conditions, restrict"', re,ervations, limitations and easements of record; If 1 3. Applicable zoning ordinances, regulations and other restrictions imposed by I : royc governmental authorities. vno socd grantor does hereby fully warrant the title to said land, and will defend the some against the lawful doims o 0 persons whomsoever- t i "G4onsol' and "grantee' are used for singular or plural, as context requires. j` 31t Mifiluaa �EFtrenf, Grantor has hereunto set gronloes_bon - zaol the day and year first bove- rnan- Slgned, sealed and delivered in our resencec (Seal) J 5 _ FILED FOR REC�I':� (seoq - - pKEECNIQ --- BROOKS .• , (scolj 1 n j LL J. VACHON tµ { 8 7 l5eaq G` OR cal, cozy � STATE OF FLORIDA COUNTY OF OKEECHOBEE on officer duly qualified to take acknowledgments, personally appeared I HEREBY CERTIFY that on this day before me, JOHN A. SMITH, JOHN R. BROOKS and WILLIAM J. VACHON to me known to be the person s described in and who executed the foregoing instrument and ocknowipdged before me ihnt t he yexecuted the same. dayof - rJ WITNESS my hand and official seal in the County and state lost aforesaid this 4 % January } 19 BS Nototy R,blsc — My commission expires5/3 - J Ego BIT ' 11 AFFIDAVIT STATE OF FLORIDA COUNTY OF OKEECHOBEE I, Mary Ann Newcomer Tuten a/k/a Mary Ann Newcomer, Affiant state the following: 1. That I am hereby the owner of the property located at 701 SW Park Street, Okeechobee, Florida, also particularly described as follows: Beginning at the Southeast comer of Block 161, Town of Okeechobee according to plat thereof recorded in Plat Book 2, Page 17,. Public Records of St. Lucie County, Florida, and run thence South 70 feet to South line of North Park Street for the Point of Beginning; run thence South 150 feet to intersection with North line of South .Park Street; run thence West along said North line 200 feet to intersection with East line of former but now abandoned FEC RR; run thence North along said right-of-way 150 feet to intersection with South line of North Park Street aforesaid; run thence East along said South line 200 feet to Point of Beginning; said land lying in and compromising part of . East one-half of the Southwest one -quarter of Section 16, and the Northeast one -quarter of the Northeast one -quarter of the Northwest one -quarter of Section 2I, Township 37 South, Range 35, East. Less and except: Additional D_O.T_ Road right-of-way on S.R. 70. 2_ That Steven A. Ramunni, Esq. is authorized to act on my behalf concerning the rezoning application submitted contemporaneously with my affidavit and he is further authorized to appear at all public hearings herein. Under penalties of perjury, I declare that I have read the foregoing affidavit and the facts stated in it are true. :�_32 _-"X " OC , � : �)"� , ,c MX Y /WNEWCOMEk TUTEN, AFFIANT STATE OF FLORIDA COUNTY OF OKEECHOBEE Sworn to and subscribed before me this,)41ay of August, 2007 Newcomer Tuten is personally known to me or has produced. as identification and did /-I ?6FW NOTARY PUBLIC -SCATS OF FLORiDA Lisa Pace Commission #DD549434C-NPT4,RY PUBLIC My Comm. Expires: 12/20/2007 � Mary Ann an oath. VI, MINUTES -' Cfty Clerk, A, Motion to dispense with the reading and approve the Summary of Counoll Action for the August 7, 2007 Regular Meeting, VII. WARRANT REGISTERS City Administrator, A, Motion to approve the July 2007 Warrant Register: • General Fund ................... $342,164,21 CDBG Fund $1,869,00 Public Facilities Improvement Fund . ; , , , , , . , , , , $636,12 Vill. AGENDA - Mayor, A. Requests for the addition, deferral or withdrawal of items on today's agenda, fX, OPEN THE PUBLIC HEARING FOR ORDINANCE AND FINAL PLAT > . ADOPTION � Mayor,,. ' A,1', a) Motion to read by title only proposed Ordinance No, 994, amending Code Book Chapter 90, Division 5, Signs I Regulations - City Attorney (Exhibit 2), b) Vote on motion to read by title only, AUGUST 21, 2007 - REGULAR. MEETING AND BUDGET WORKSHOP • PAGE 8 of 15 Counoll Member L. VVhams moved to dispense with the reading and approve the Summary of Courcll Action for the Auqusl 7, 2007 Regular Mee,,79; seconded by Council Member Markham, There was no discussion on this Item. VOTE KIRK - YEA MARKHAM - YEA WATFORG - YHA C. WILLIAMS YEA L. WILLIAMS -YEA MOTION CARRIED, Council Member wa "crd moved to approve the July 2007 Warrant Register in the amounts of: General Fund, three hug dfed fortytwothousand one 7undred slxiy4ourdollars and twenty-one cents ($342,164.21);CommunityDeVelopmentBulldingGrant Fund, one thousand, eight hundred slaty -nine dollars and zero cents ($1,869.00); Public Facilities Improvement Fund, six hundred thirty-five do a,s and twelve cents ($635,12); seconded by Council Member Markham, Thee was no discussion on this Item, — VOTE KIRK YES MARKHAM - YEA WATFORD - YEA C,WILLIAMS YEA L.WILLIAMS •YEA MOTION CARRIED, Mayor Kirk askew wr,e ,er there were any requests for the addition; deferral or withdrawal of Items on today's agenda? There were none, MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE AND FINAL PLATADOPTION AT 6:32 P.M. Council Member vva%,o moved to read by title only, proposed Ordinance No, 994, amending Code Book Chapter 90, Division 5, Signs Regulation-s, Seconded by.Councii Member L. Williams. ' - VOTE KIRK • YEA MARKHAM • YEA WATFORD • YEA C. WILLIAMS • YEA L.,WILLIAMS • Y0 MOTION C,ARRfED, IX, PUBLIC HEARING (CONTINUED, A,1,o) City Attorney to read proposed Ordinance No, 994 by title only. 2, a) Motion to adopt Ordinance No, 994, b) Public comments and discussion, c) Vote on motion, AUGUST 21, 2007 • REGULq MEETING AND BUDGET WORKSHOP -PAGE 9 OR 15 Attorney Cock rs�, sedOrdinance No, 994bytitleonly asfollows: "ANORDINANCEOFTHECITYOFOKEECHOSEE, FLORIDA PRCV � 3 FOR A COMPREHENSIVE AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS, ORDINANCENC 7;6, DI VISION 5THEREOF, PROMSE07IONS90.661 THROUGH 90.600,PROVIDING FOR RESCISS/ON OF THESE SEC T i C NS l N THEIR ENTIRETY, PROVIDING FOR CRRAT7ON OFDIVISION5SIGNORDINANCE; PROVIDING FOR ENACTING A UNIFORM SIGN CRITERIA; PROVIDING fOR REGULA,170,N OFS/QNAQEAS PROVIDED HEREIN; SETTING FORr,u DEFINITIONS; REQUIREMENT OF PERMIT -AND MAINTENANCE; PROtiId1NQ FOR EXEMPT AND PROHIBITED SIGNS; PROVIDING FOR TEMPORARY S/QNS, PROVIpINQ FOR SIGNS IN COMMERCIAL AND RESIDENTIAL APEAS; PROVIDING FOR CONFLICTS AN17SEVERABILITY; PROVIDING FOR EFFECTIVE DATE," Council Member ,Va'Knam moved to adopt proposed brdinahce No, 994; seconded by Council Member L, Williams, Mayor Kirk asked wetr`ar there were any questions or comments from the public? There were none, The Council dlscusse,� certaln requirements of the proposed sign ordinance that seemed too strict', For example, Okeechobee Maln Street wou c ce allowed to keep their small signs on the trash receptacles they purchased or the City to install along South ParkStree; e0keechobeeCattlemen'sAssociationcouldnotcontinuetoparkhorsetralierswlthbanners'tiedtothem, on private propecy c a vertise the various rodeo events throughout the year, The consensus was that the proposed ordinance needed more worK c; staff and the Planning Board, vrumanve ivo, ", so mat It maybe reviewed furl e by -the C -Planning B� Councll Member Markham, KIRK • YEA E C, WILt_11AMs • YEA MAAKHAM•YEA WATFORD-YEA �.� WILUAME m Ym. MOTION CARRIED, Based on the ac?l svcve, Councll Member Watford im ed to 640d the date from Bantamhs 1.2007 Until October 16'2007 for es o Tc n No, 07�06 rr W t g a rr�o it on the acceptance by the citvof auDligatlons for off premises S s e9lgned tc be billboard...annnriwi by nnoinnu ee,,..,w...ee__� �___ OTE KIRK • YEA_ 1 V_ MARYEA INaTFOYEA C, WILLIAMS - YEA I., WILLIAMS • YEA MOTION CARRIED, RESOLUTION NO.07-06 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, EXTENDING THE PROVISIONS OF RESOLUTIONS NO.06-10 AND NO.07-04 WHICH IMPOSED A MORATORIUM ON THE ACCEPTANCE BY THE CITY OF APPLICATIONS FOR OFF -PREMISES SIGNS DESIGNED TO BE BILLBOARDS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, by previous Resolutions No.06-10 and 07- 04, imposed a moratorium on the acceptance and processing of any applications within the City for the erection of off -premises signs designed as billboards; and WHEREAS, Resolution No. 07-04 set a date of May 1, 2007 by which time the City would consider and enact amended sign ordinances for use in the City that addressed such billboard advertising; and WHEREAS, since the imposition of the moratorium the City has been sued by Centennial Builders of Lee County, Florida, a develop/sign contractor, concerning the denial of permit for erection of billboard advertising, which suit seeks damages and a judicial determination via declaratory judgment concerning the legal effect of the present ordinance and denial of permit, which suit may not be resolved for several months; and WHEREAS, such judicial determination and/or amendment to current sign regulation is a prerequisite to lifting the moratorium in order to secure the rights and liabilities of the City in the dispute, which further requires an extension of the moratorium. NOW, THEREFORE, be it resolved before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by a majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. THAT the provisions of Resolutions No. 06-10 and No. 07-04 previously adopted by the City are herein extended in their entirety to September 1, 2007, or until the City Council adopts an amendment to the sign ordinance, or until the pending litigation is resolved, whichever first occurs. P49e 10�' Z INTR.O*D'U6 DAND,ADOPTED in regular session this 1st day a 2007 James E. Kirk, Mayor ATTEST: Lan6 -Gam.'1.6ta, CIVIC, City Clerk RED D FOR LE L SUFFICIENCY: John R. Cook, City Attorney Page Hof �. RESOLUTION NO. 07-04 • A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA EXTENDING THE PROVISIONS OF RESOLUTION NO. 06-10 WHICH IMPOSED A MORATORIUM ON THE ACCEPTANCE BY THE CITY OF APPLICATIONS FOR OFF -PREMISES SIGNS. DESIGNED TO BE BILLBOARDS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida by previous Resolution No. 06-10, imposed a moratorium on the acceptance and processing of any applications within the City for the erection of off -premises signs designed as billboards; and WHEREAS, said Resolution set a date of March 1, 2007 by which time the City would consider and enact amended sign ordinances for use in the City that addressed such billboard advertising; and WHEREAS, the legal appeal by a developer concerning the denial and refund of a permit issued by the City for a billboard was not heard and considered by the Board of Adjustment and Appeals for the City until February 16, 2007, which appeal initially caused the moratorium to be enacted; and WHEREAS, such appeal was denied by the Board on February 1, 2007, and additional time is now needed to consider amendments and re -drafting of the existing sign ordinances within the City. NOW, THEREFORE, be it resolved before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by a majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City_ SECTION 1. THAT the provisions of Resolution No. 06-10 previously adopted by the City are herein extended in their entirety to May 1, 2007, or until the City Council adopts an amendment to the sign ordinance, whichever first occurs. INTRODUCED AND ADOPTED in regular session this 20`" da February, 2007 LZ - - - James Kirk, Mayor ATTEST: Lane Gamiotea, dMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney p la/a.5 ORESOLUTION NO. 06_10 0 U A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, TEMPORARILY SUSPENDING THE APPLICATION OF SECTION 90-561, DIVISION 5, SIGNS, AS IT PERTAINS TO THE PERMITTING AND ERECTION OF SIGNS DEEMED TO BE BILLBOARD SIGNS; PROVIDING FOR TIME CERTAIN AMENDMENT OF THE CITY'S SIGN ORDINANCE;. PROVIDING FOR ENACTMENT OF DEFINITIVE STANDARDS FOR THE PLACEMENT, DESIGN AND ERECTION OF SUCH SIGNS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 90-561 et.seq. of Division 5, the Sign Ordinance for the City of Okeechobee, Florida does not address the design, placement and construction of billboards within the City; and WHEREAS, such signs are typically construction in a manner that may encroach into neighboring property; be intrusive; be highly visible; be a distraction to traffic; and unsightly to residential areas; and WHEREAS, the City has a legitimate interest in the aesthetics, location, size, placement, design and construction of billboard signs, but not initiating a ban on such signs that would meet reasonable City codes; and WHEREAS, due to the time necessary to study the issue; to arrive at a consensus on new regulations; and to enact the necessary Ordinance, that in the interim it is in the best interests of the City and its citizens to impose a moratorium on permitting billboard signs; NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. THAT from and after the date of adoption of this Resolution, the Department of General Services and Building Official for the City of Okeechobee shall not accept, review or approve any permit to any person or entity for the placement and erection of a billboard sign within the City. SECTION 2. THAT other permissible signs may be approved by the City in the interim, but no sign shall, in any Zoning District, until further amendment of the Sign Ordinance, exceed 100 square feet in display, nor exceed a total height of 20 feet. SECTION 3. THAT the office of the City Attorney and Staff are directed to study the issue of billboard sign and construction, and draft a proposed Ordinance clearly setting forth acceptable standards for approval of such signs within the City. Page 1 of 2 SECTION 4. THAT this Resolution shall remain in effect until further modification or approval of the Ordinance amending the Sign Ordinance, or until March 1, 2007, whichever first occurs. INTRODUCED AND ADOPTED in regular session this r day of November. 2006. ATTEST: James E. Krk, Mayor Lane baimiotea, MC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney f � �11/iti Page 2 of 2 ' Fort Myers, Florida 33901-2845 Phc*239-334-3366 Fax: 239-334-6384 • �� fil —1 Staff Report —Small Scale Comprehensive Plan Amendment 141 Preparedfor The City of Okeechobee Applicant: Steven Ramunni Esq. for Mary Ann Newcomer Petition No. 07-013-SSA (from Commercial to Industrial) 4- Staff Report Applicant:: Ramunni, Esq., for Newcomer Small -Scale Comprehensive clan Amendment Petition No.: 07-013-SSA General Information Location: 701 SW Park Street Legal Description: Beginning at the Southeast corner of Block 161, Town of Okeechobee according to the plat thereof recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida, and run thence South 70 feet to South line of North Park Street for the Point of Beginning; run thence South 150 feet to intersection with North line of South Park Street; run thence West along said North line 200 feet to intersection with East line of former but now abandoned FEC RR; run thence North along said right-of-way 150 feet to intersection with South line of North Park Street aforesaid; run thence East along said South line 200 feet to Point of Beginning; said land lying in and compromising part of East one-half of the Southwest one -quarter of Section 16, and the Northeast one -quarter of the Northeast one -quarter of the Northwest one -quarter of Section 21, Township 37 South, Range 35, East. Less and except: Additional DOT Road right-of-way on SR 70. Request: The matter for consideration is an application for a Future Land Use Map Amendment from Commercial to Industrial. Based on the size of the property (0.642 acres), this application qualifies under Chapter 163 of the Florida Statutes as a Small -Scale Amendment to the Comprehensive Plan. Adjacent Future Land Use Map classifications and Zoning Districts: North: Commercial CBD Restaurar►t Car sales, and va. ah " East: Public facilities PUB Park Avenue Greenb6it Public bark South: Commercial . CBD Large fumiture store West: Commercial(1) CH\P) Retailt't These designations are for the property on the west side of NW 7 Avenue. The property immediately west and adjacent to the subject property is vacant, abandoned railroad right-of-way, and presently carries no Future Land Use or 4t �_ P� //P/O^b I Staff Report Small -Scale Amendment leve Ramunni, Esq., for Newcomer Petition No.: 07-013-SSA The Applicant is requesting a Future Land Use Map Amendment to Industrial and will subsequently apply for a rezoning to Industrial to allow an off -premises sign to be constructed on the property.. The subject property is located in the western part of the SR 70 corridor at the western extremity of the City's CBD and within a predominately commercial area. A. Consistency with the Land Use Categories and Plan Policies. The current and proposed uses for the property are consistent with the Industrial Future Land Use Category and the policies that which govern this category. However, with the exception of the park to the west of the subject property, surrounding land use designations, zoning, and existing uses are largely commercial rather than industrial. Staff does not believe that a change to an industrial land use designation at this site is consistent with sound planning as it inserts the possi- bility for manufacturing or processing activities into an area intended for office, retail, wholesale and related commercial activities. As such, Staff does not believe the requested amendment is consistent with the Goal set forth on page 1 of the Future Land Use Element, and which reads as follows: "Through a well -planned mix of compatible land uses, the City of Okeechobee shall continue to maintain a high quality living environment, preserve its distinctive natural and historic resources, and provide public services to its residents at a minimum cost_" [emphasis added] B. Concurrency of Adequate Public Facilities The subject property contains an existing commercial use that is already enjoys provision of public utilities from the City and traffic volumes in the area will not likely change as a result of a change to the Industrial land use category. Staff sees no likelihood of concurrency deficiencies associated with the requested plan amendment. C. Compatibility with Adjacent and Nearby Land Uses While there is nothing inherently incompatible with industrial uses in close proximity to commercial uses, Staff does not believe that the insertion of the potential for heavy industrial at the perimeter of the City's CBD is good planning and is incompatible with the predominantly commercial char- acter of the SR 70 corridor in this area, and particularly in relation to the CBD. &9_Joo rr/zs 2 Staff Report Applicant:: a Ramunni, Esq., for Newcomer Small -Scale Comprehensive Han Amendment Petition No.: 07-013-SSA D. Pattern of current land use and zoning designations The City has treated abandoned railroad rights -of -way in the general vicinity. of the subject prop- erty in an inconsistent manner with regard to assigning future land -use designations. in some instances, abandoned railroad rights -of -way are shown as Industrial on the Future Land Use Map (FLUM); sometimes the lands remain undesignated; and in still others, a residential designation has been applied. Application of zoning to these lands has been somewhat more consistent in that most of the lands have been zoned Industrial, although sometimes in conflict with the future land use designation. Staff believes the application of Industrial zoning is a holdover from the lands' prior association with the railroad, and does not necessarily reflect the most appropriate designation from a plan- ning perspective. Consequently, the existing land use and/or zoning classifications (or lack thereof) do not provide a basis upon which to make land use decisions for nearby properties. The abandoned railroad rights -of -way in this area and elsewhere in the City need to be examined so that their Future Land Use designations and Zoning classifications can be assigned based on sound planning principles rather than just their prior association with the railroad use. Conclusion and Recommendation While the Applicant may have no intention of introducing manufacturing or processing onto the site, amending the plan as requested will afford current and future owners the potential to do so_ These types of uses, which would he allowed only it the land were designated industrial, would not be compatible with the commercial character of the area. To allow the possibility of their introduction into the area would be inconsistent with good planning and the Future Land Use Element Goal. Therefore, Staff recommends denial of the requested amendment. Submitted by: James G. LaRue, AICP October 11, 2007 18t Hearing 10-18-07 LPA Planning Board Future Land Use Map Zoning Map Aerial from Property Appraiser's web site '5�/- �0 191-z 2"d Hearing November 20, 2007 3 Staff Report Small-scale Plan Amendment Applicant: Steve Ramunni, Esq., for Newcomer Petition No.: 07-013-SSA BE a Be 9a COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI - FAMILY COMMERCIAL INDUSTRIAL PUBLIC FACILITIES �z �- �� /has 4 Staff Report Applicant:.' e Ramunni, Esq., for Newcomer Small -Scale Comprehensivb elan Amendment Petition No.: 07-013-SSA City Zoning Map Subject Property W � F- 3 >i � y ?86 PC BB ; 4zs�T78 BB ] SC LRR(PQR. ) BSACIA j _ E -- f/ + i 4_ ic i_ RVo ��'� s a e �o'ai I i -. t Erb, p� ac�25 5 NOVEMBER 15 2007 PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS - PAGE 2 OF 6 V. OPEN PUBLIC HEARING - Chairperson. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:00 P. M. A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-013-SSA, submitted by Steven Ramunni on behalf of property owner Mary Ann Newcomer-Tuten. The application is to change the Future Land Use designation from Commercial (C) to Industrial (IND) for property located at 701 Southwest Park Street. Legal description: Unplatted lands of the Town of Okeechobee, according to the plat thereof, recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida, and is approximately 0.642 acre(s) - Planning Consultant. Bill Brisson, Senior Planner for LaRue Planning and Development reported the LaRue Planning Staff recommendation of denial. This property is located between Southwest 7th and 8th Avenues on the south side of State Road 70. This is at the western extremity of the City's Central Business District (CBD) and essentially within a commercial area. Looking at the surrounding land uses and future land use designation, the land to the north is zoned CBD, with Commercial Land Use designation, consisting of a restaurant, car sales and vacant land, immediately to the east is the Park Avenue Greenbelt, to the south a large furniture store, also zoned CBD with Commercial Land Use designation. There is a little confusion as to the actual designation immediately to the west of the property. To the west there is the abandoned right of way. It does not show up on the future land use map as having any land use category, nor does it show any zoning category. Approximately 50 to 60 feet wide in width. Board Member Burroughs inquired whether this strip of land was unincorporated? Mr. Brisson replied, "it is within the City, but it is land that is not officially showing on the maps." Mr. Brisson stated LaRue Planning does not believe that this land or for that matter a number of other lands that are presently shown as Industrial, either on the zoning map or the future land use map, really are practical planning designations. They are carry overs from the fact that this was railroad property and they are given a variety of different land use designations, not all of which make a lot of sense. In light of the way much of these properties are shown on the maps, one would have expected it could have been Industrial in designation. In conclusion, LaRue Planning Staff does not believe the land use to be consistent in the application of the Industrial designation along the railroad right of way. We believe it is a hold over from the previous use of the land as railroad right of way and does not really reflect the most appropriate designation from a planning prospective. This is property located at the end of the CBD district and the Industrial zoning would essentially interrupt the Commercial land use pattern. It tends to introduce the potential of heavy duty manufacturing use in an other wise commercial area. We recommend this proposal be recommended for denial to the City Council. Steven Ramunni, representing property owner Mary Ann Newcomer-Tuten, addressed the Board. He stated, last February the Board acted in an appellate capacity with regards to the recision of the building permit that was issued by the City for a billboard. The City testified before this Board that the property adjacent to this property was designated Industrial, so I have a problem tonight with it being coded as, not really anything, because this Board rendered its decision based on the testimony of the City Staff at the February meeting. Z�r�( Pj c�?/g5 NOVEMBER 15 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 3 OF 6 Now it seems like it is being pulled out from under us, so to speak. If you look at the City maps, and there is some confusion, but the property on each side of the abandon right of way, is coded as Industrial property as far as zoning. Somehow there is an error or an omission undoubtably in the City maps where it leaves a gap as to this particular piece of property, which is adjacent to our subject property. In the Land Use designation, there is nothing for any of the abandoned right of way property and we believe that in and of itself creates an inconsistency within the City's comprehensive plan future land use map and the defacto (actually existing, esp. when without lawful authority) zoning that has gone on in the City. It is our contention that the subject property is contiguous to property that is in fact zoned Industrial. With the potential use of manufacturing or processing, this application is consistent and compatible with the surrounding land uses. Vice Chair Hoover stated the objective of the Board is to get the zoning to match with the land use designations of the Future Land Use Map. Mr. Brisson concurred. Mr. Ramunni interjected, unfortunately this is the procedure we have to go through first as suggested by Mr. Cook at the February meeting to rezone the property. To rezone the property, we have to ask for a future land use change. Ms. Hoover then added maybe she misunderstood, but she thought Mr. Ramunni said he thought the property was already zoned Industrial. Mr. Ramunni replied, we believe the property adjacent, which is one of the factors is in fact Industrial and think that is a critical element because that is what gives us our consistency and compatibility to rezone the subject property ultimately as Industrial if the Board was to adopt the Future Land Use Map Amendment. Shelly Johnson, Planner for the applicant, distributed a paper she had prepared, comparing permitted uses within the CBD and Industrial zoning districts. The main question she had was whether the Board was clear on the presentation so far as to the inconsistency between the land use map and the zoning map with regard to the Industrial designations of railroad right of way in the City. I think that is key to this application. The railroad right of way is zoned Industrial, but it does not have a land use designation at all, which creates obvious inconsistencies in the land use map and zoning, which is an issue. The inconsistency makes it difficult to argue one way or the other whether proposed change is consistent with adjacent land use, because the adjacent land use does not exist to the west. The placement of the billboard was proposed on the west side of the property, which is adjacent to the railroad right of way. It was not proposed on the east side adjacent to the park. If the zoning and land use maps were consistent and applied the Industrial land use designations to all the railroad right of ways in the City, it would in fact fall adjacent to Industrial zoned land use designation. The tendencies, based on the land use pattern that has been established on right of ways in the City, is that it probably should have been zoned Industrial at some point in time when all the rest of the right or ways received that designation. Board Member Burroughs stated that you are requesting to make more Industrial property right in the middle of town and that I do not agree with. The Planner for the applicant stated there are other avenues. There is litigation going on and the applicant is more than willing to establish this as criteria of eliminating the litigation process. 66 �Z- 17� • .7 NOVEMBER 15, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS -PAGE 4 OF 6 Mary Ann Tuten, formerly Mary Ann Newcomer, owner of the property, said my property has always been Commercial. She stated she does not want to change her property from Commercial to Industrial. All I want is to get an approval for the billboard sign to be put on the property line. She stated she told Carter - Pritchard, the billboard sign company, she wanted the sign placed as far away from her business and as close to the property line as allowed. "Can we just take the little strip of land by the property line and change to Industrial and make it contiguous with the railroad and leave the rest of my property alone, would that be alright?" Chair Ledferd replied that setbacks for Industrial would not allow for the sign. Chair Ledferd then instructed the Board, this application was for land use change, not a sign. She then asked if she could apply for partial zoning. Board Member McCoy said the Board needs to look at the application as submitted, to change the designation of the whole lot, not a portion of. Chair Ledferd asked if there were further questions from the Board, applicant, or citizens. There were none. Board Member Burroughs moved to recommend denial to City Council for being inconsistent with the Comprehensive Plan for application No. 07-013-SSA to change Future Land Use from Commercial (C) to Industrial (IND); seconded by Vice Chair Hoover. VOTE LEDFERD — YEA HOOVER — YEA KELLER — YEA MCCOY — YEA JOHNS — ABSENT JUAREZ — YEA MAXWELL — ABSENT O'CONNOR — YEA BURROUGHS - YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on December 4, 2007 before City Council. B. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-014-SSA, submitted by property owners Gwynn and Linda Johnson. The application is to change the Future Land Use designation from Commercial (C) and Single Family (SF) to Industrial (IND) for property located at 105 Northeast 9th Street. Legal description: Lots 1 through 7 and 20 through 26, -Block 36, City of Okeechobee, approximately 2.84 acre(s) — Planning Consultant. Mr. Brisson presented the LaRue Planning Staff recommendation of approval, stating the application is compatible with surrounding property and consistent in land use. Chair Ledferd asked if the applicant wished to address the Board. Vikki Aaron, representing the applicant, stated this was being requested due to property appraisal. Mr. Johnson stated when he bought the property many years ago it was Industrial and that is the way he would like to see it remain. Board Member Burroughs interjected, this is an Industrial area and has been zoned that way for a long time. From a contiguous stand point, this request should not be a problem. Board member Maxwell affirmed the need for more Industrial zoning. Chair Ledferd asked if there were further comments or concerns from the Board / or citizens. There were none. ay�� The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee PUBLIC NOTICE News, a DAILY Newspaper published at Okeechobee, in CONSIDERATION USACEm ORDIN NCE�U Okeechobee County, Florida; that the attached copy of advertise- being PLEASE TAKE NOTICE that the CN Council of the City of Okeechobee, Florida on Tuesday, Ito ment, a December 4, 2007 at 00 p.m. or as soon thereafter possible, at Okeechobee, FL conduct a PUBLIC HEARING on and there; onsiderrfnalAeadi f tholowinngg Ordinm into law: NO. 1004., AN 01 NANCE OF THE CITY OF OKEECHOBIi FLORIDA AMENDING THE CITY OF ON CHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 1135 AS AMENDEDREVISING T OF LAND , LAND ON AMMERCIAL FROM ARTIICULARLY DEESSCRIBED HEREINE COTOXINDUSTRIAL; P1 VIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE N IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. in the matter of h�i in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose ofsecuring this advertisement for publication in the said newspaper. `// Swo to nd subsc d before me this f day of �t ^ e A.D. 20 L, +� ,__ 50f Public, State of Florida at Large �q- P3aSas property -.._.....I _...�.W, ,,, owners Cry Ann Newcomer. The patron Is to change the future land use designation C to IN D for property located a4 701 Southwest Park Street Legal description: Beginning at the Southeast comer of Block 161, Town of Okeechobee, according to plat thereof recorded in Plat Book 2, Page 17, Public of North Ofrds St. street forrth Poi pf Berg n ng thence South 11550 feSouth io inter. section with North One of South Park Street: run thence West along said North line 300 feet to intersection with East Once of former but now abandoned FEC RR; run gene North alorhg said right-of-way 150 feet to intersection with South line of North Park Street aforesakl; ryruungthence East along said South line 200 feet to st one-half of Southwest onent of 4-qrter�ofce3ecton 16, in and Nord astt sing one --quartet of r of Northeast one -quarter of.Norghwest we -quarter of Section 21, Township 37 South, Range 35 East and is approximately 0.642 acre(s).. The proposed use is fora drive- thru convenience store. All members of the public are encouraged to attend and participate in said hearing. The proposed Ordinance may be Inspected in Its entrety by members of the ppx1btic in the Office of the City Clerk during regular business hours, Mon -Fri, 8am,4:30pm, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this hearing, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disability Act (ADA) and Florida Statutes 286.26, persons with disabilities needing special accommodation to participate in his proceeding should contact Lane;Gamiota no later than two (2) working days x or to the proceeding at 863-763-3372 x215; if hearing or voice impaired, call rDD 1-800-222-3448 (voice or-1-888447-5620 (PY). Janette Thiboult Ff e� Commission # DD505311 �J Expires January 10, 2010 OF FLU Bonded Troy Fam Insurance Inc 800-385-7019 EXHIBIT NO. S DEC 4 - FINAL ORDINANCE NO. 1005 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM COMMERCIAL AND SINGLE FAMILYTO INDUSTRIAL; 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. 07-014-SSA), submitted by Vikki Aaron, on behalf of property owner(s), Gwynn K. and Linda P. Johnson 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, acting as the Local Planning Agency, at a duly advertised meeting held on November 15, 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: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately 2.84 acre(s) is hereby re -designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: 9 / %9 Page 1 of 2 a. Application No. 07-014-SSA, from Commercial and Single Family to Industrial. The Legal Description of Subject Property is as follows: LOTS 1 THROUGH 7 AND 17 THROUGH 26 OF BLOCK 36, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No.1005 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 41h day of December 2007. ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 4th day of December 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney 5- P9-,/1q James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 City of Okeechobee General Services Department 55 S.E. 3ra Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: 863) 763-1686 Date: I0 � � } %l Petition Na C) . Fee Paid: {��Lt eP '�p� Jurisdiction: t'� *Cc-. istJiearing: 5 2ndHearing: 9' a Publication Dater P16: , ►a/aq +' `I g Cc Notices Massed: Comprehensive PIan Map Amendment Application Please Check One: X Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): Gwynn K . and Linda P . Johnson A Owner mailing address: Post Office Box 266 Okeechobee, FL 34973 p . Name of applicant(s) if other than owner (state relationship): not applicable •y I Applicant mailing address: not applicable �c NName of contact person (state relationship): Vikki Aaron - agent i. T Contact person daytime phone(s): 863-467-4768 Fax: 467-4618 ✓ Property address / directions to property: 105 NE 9th Street 3-15-37-35-0010-00360-0010 Parcel Identification Number: 3-15-37-35-0010-00360-0070 Size of the Property (in acres): 2.84 acres Current Zoning Designation: Industrial T R Current Future Land Use Designation: Commercial and Single Family "¢ Existing Use ofthe Property: Industrial �R Proposed Future Land Use Designation: Industrial T _ Proposed Use of the Property: Industrial Y: Description of Surrounding Properties�Commercial and Industrial uses Legal Description of the Property (Lengthy Description May be Attached): Lots 1 through 7 and 20 through 26, Block 36, City of Okeechobee Uniform Land Use Application (rev. 12/03) Page t of 2 �u 5- PJ43 11q X Survey of Property (11" x 14", 20" Scale) x Letter Outlining Request N/A Notarized Letter of Owner's Authorization Application Fee (non-refundable) x City Location Map I - - ` Cb atioia"of Iiifoi�mation Acca I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days aamay result infiir,gummary denial of this application. Signature Gwynn K. Johnson October 11, 2007 Printed Name Date Linda P. Johnson Printed Name Unil i Land Use Application (rev. 12/03) Ocotober 11, 2007 Date Page 2 of 2 L 0 s.e+ ee.ro.�sw� —3- Tids Lots 14 2, 3. 4. S. 6. 21. 22. 23. 24, 25 and 26 of Slock 36, TOW4 OF ouECHOSEE, according to plat thereof recorded in plat Sock 2. pegs 17. public records of St. Lucie County. Florida. SUBJECT to restrictions, reservations and easements of record. 3nocther .'IA 0 rl., e...w..ea L..oinr..w.. e,1 .r..� +• tip+a L.L..r•s m eny ..r...rr*r-r^r^0- - To Iiaue and to Wid, [�. 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CONELY IIIuw[rrgcnsps•n [! 207 W. 2nd Street r ; iH0 Okeechobee. Fronds 33472 i•-. 9 Raft T ` jr 0 113 � 239 �J'i US ulaf =4 Dud mi. a6 3rd A., 4 April A. D: n HOWARD WISE and DIEZ WISE, husband add wife A^""'►r� " 16 s^^+' ^. Gi/Ylt>< X. JOHM-ON or LUOA P. JOHMM, husband and wife r►»•• va.rd►k. «lei... is 915 Stafford dace, Okeechobee. Florida 33472 rrn.n.w ..e a.— ��p � ��+ W'fii` Ik 76.t d. s..ww►. jw rra M r+w.adna.arn of dr w+a . { 1.00 .J .A.. —IWJ b aw.radw.eM.t ..+.aM .+k...aj Y L-4 -IwaL-4 Aat &-va .-k -L. A.... w. w.t.n, r.4—...0 a -,a .ni ea..►a.r a+M A. rW4.101.0 es.a.r L.l.r..t. r, Okeechobee C...b. Flarlde. .tt, Lots 7, 17. lb. 19 and 20, stock 36, City of Okeechobee, a--corditg to plag thereof on file in plat Look 1, page 10. public records of Okeechobee County, Florida. rreFII—j ncoy. n Qr Ds ..4. MprrtaMerg. To Have anal to Hold, t~..e... a,1.....4 F....... %d ek. a•a+.r.r s�v6 ew+nr.ft wA wa1 pna.. ri..t d» tr.~ ` l+f.4 ..n.!.i..td L.J tt,.r d. s.,..a.. i— V—d rpRt and L..►.1..11..er so ..<"awwl ..ad Lft& t4.t tR. [.Up s-nb #6 mi. b .di 6,j .wi a.lf d4...j p. a.M .�r.A �i1 L..Tal l'Llalf 1 ell V•r..ne s/rw.woa.t and Aet a.tl id t. Fw of BS a..e.w.i.arrs..Kai: N!a YOOaies aairra..f I* n.c.n.b.► It. to In 1JJdam UlYCrof, 0...rJ ...W.r Le...� w8 ►a,r .L— a+m— STATE r)r FLORIrk 00U"TY O0 OKEECHOBEE t NEatw CtaTirT e..... se. M. 4.a....... wrr, i.tr suss." ." to me oew ah-. r. aM "--k wp- Howard Wise and Inez Wise, husband and wife April A. P t9 69 •_ .�6r4[t'rJ{pe; Tt>a4. ROOri+..aer k Gwynn K. and Linda P. Johnson Property Owners and Applicants Statement Outlining Request Gwynn K. and Linda P. Johnson currently own Lots 1 through 7 and Lots 17 through 26, Block 36, City of Okeechobee located at 105 NE 9`h Street. The property is approximately 2.84 acres in area. The applicants purchased a portion of the property in 1969 and relocated Kelley's Machine Shop to the subject property. In 1976, the applicants purchased adjacent property. The machine shop has operated continuously for over thirty years. The subject property is currently zoned industrial and lies within both Commercial and Single Family future land use classifications. The applicants wish to continue operating the machine shop and are seeking a change in the future land use classification in accordance with current regulations. The applicants believe the requested change in the future land use classification is consistent and compatible with the current industrial zoning designation, surrounding uses and the general area. The applicants respectfully request that the Planning Board recommend the City Council approve the request for a small scale map amendment. City of Okeechobee Zoning Map Nsor�o9 1 i rx i -a WN-00 R Q-1 11 mmmazzi Ell MOM r _ ■ so7q�a sR+� m a a m�� mea m ! j// •• =go >asax Smma 5�� I as m msa m .'.yj)yv.,,,� %� a -7s1 ��'� SmiH.itmO j �. S� A��. u NI�77777777c1 j/y � � � �! 2 Mgt UZI 2 TV, ffi x r + T 4- J, ZONING UWORPORATm ceo CHV cLT CPO RMF P.H RSF1 ta, I Wiles canerei Na es Alleys le —re 15. 20 teet in idth See appropriate subdivision PW for pecft alley wkfth, *i This map has been m'led ft— Mmost -— e — d available The City of Okeehro —is not responsible far y --' omissions contained herein. E� 5 P9sl�ti 1119-L9V �(Vd 69W-L9V-CW a-CHd PC, I V-ZL6K VQ I NO- d'a300FD37 - 56V9#9 1 BL 15 • I.19d '9,lV1i30 A W3A319 Q JO a 133HS S 139NID Aiwa ol2: -I W 909 9529Z:. 9HIMYHO INY AZA lll i�x V �N�/S�lllltllly C�V ll 1 �C".5 W 1 FWU 5A-31104 :SNOISIh3N OYO/Ox :NMV80 LO/LZ/6 :31Y0'Olj "ME EQWPE OMS :SOIYO 09/3NLf19:39Yd/94 � :HOA 03HU38d S-Z90-L0 :0 BOP .09 -.{ '31VDS --a `gVi b 5121, 1 Ens = -- �e:� :sg¢ps s'aoyr -�sg NM sa a g.ss S ioE erg$ „o�� 2-Z e5sra� -`A- Z : vri�F� ti eJ m f b b n `a= s� _- Jee¢ a QQ u n ul Sc _ J If y wrlow MOB 10N 0Y0N - M/tlAL o ( d ) 133ML9 33)OPF31-D 3.. ¢a c -31jmv airs -a u =� n s� �� LA (d).0►i [i).ZB'6E{ M.OE.Y0.005 } (d).Dki ld1.ZB'6fi M.DF,VO.DOS 1 10-1 I 9z 10-1 N Z 10-1 m 5Z 101 I E 10-1 V6 101 \ o wgc V 10-1 GZ 101 �o \ m a 5 10l L7 101 a b R ,w 4 cli o 9 101 � — 17. 10-1 of 07i 101 \ L 101 = e os Q x \` 9 101 J e 61 10-1 a b 101 I 91 101 \ 94114"11 (lA "1V13iJ I 3x}>a I s3� I I of lol—� eLI 101 L B OZ 8'6{ m a .E '66 t py,5t (d).or{ t (i)z66e{ M.ev.00.00N ^LD ri a O J O O O O �uaoisaa l u v D v n 1375 Jackson Street, Suite 206 • Fort rs, Florida33901-2845 Phone: 39-334-3366 Fax: 239-334-6384 Stiff Report -Small Scale Comprehensive Plan Amendment Prepared for • The City of Okeechobee Applicant: Gwynn K. and Linda P. Johnson Petition No. 07-014-SSA From: Commercial and Single Family to Industrial Staff Report Applicant: Gwynn and Linda Johnson Small -Scale Comprehensive Plan Amendment Petition No. 07-014-SSA Existing Proposed Zoning District p IA 4 Acreage I acres Location: 105 NE 9th Street Legal Description: Parcel 1 — Lots 7, 17, 18, 19, and 20, Block 36, City of Okeechobee, according to the plat thereof on file in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida. Parcel 2 — Lots 1, 2, 3, 4, 5, 6, 21, 22, 23, 24, 25, and 26 of Block 36, TOWN OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida. 6- Request: The matter for consideration is an application for a Future Land Use Map Amendment from Commercial and Single Family to Industrial. Based on the size of the property (2.84 acres), this application qualifies under Chapter 163 of the Florida Statutes as a Small -Scale Amendment to the Comprehensive Plan. &__5- Pg III o Staff Report A*nt: Gwynn and Linda Johnson Small -Scale Comprehe ive Plan Amendment Petition No. 07-014-SSA Adjacent Future Land Use Map classifications and Zoning Districts: T _ . - MAIN, Zoning District: RMF i Zoning District: RMF a • • District: IND ,_O .; . KNA Zoning District: CHV The subject property has been under the ownership of the Applicants since 1976. It is has been and continues to be used as the location for a machine shop and the Applicants intend to continue this use. The site is designated as Commercial and Single Family on the Future Land Use Map. The Applicants would like to amend the Future Land Use Map to Industrial to be consistent with the longstanding industrial use of the property and its IND Zoning. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. The Applicants' request is consistent with Comprehensive Plan and the Future Land Use Element. Granting this request would eliminate the inconsistency between the Future Land Use and Zoning, thereby implementing Policy 2.4 of the Future Land Use Element. Further, the request is consistent with Industrial future land use category as described in Policy 2.1(e). B. Concurrency of Adequate Public Facilities The subject property is now served OUA and because the existing use is merely being continued, no further burden can be expected upon provision of water and server services. Similarly, traffic should not be increased beyond that anticipated under the long-standing industrial zoning. C. Compatibility with Adjacent and Nearby Land Uses The requested Industrial Future Land Use category would be compatible with the adjacent and nearby uses. The property is surrounded mainly by vacant properties and Staff Report Applicant: Gwynn and Linda Johnson Small -Scale Comprehensive Plan Amendment Petition No. 07-014-SSA because the site has been in operation for so many years, Staff does not expect the requested amendment to create any new problems of incompatibility. D. Compliance with Specific Standards of the Plan. Based on the above information, this request is compliant with the specific standards of the Comprehensive Plan. The Plan's Goals, Objectives and Policies support Industrial uses at this location. I —Analysis and Conclusions Staff recommends that the City of Okeechobee find that this request is consistent with the Comprehensive Plan and recommends approval of the Applicants' request to amend the Future Land Use Map from Commercial and Single Family to Industrial. Submitted by: James G. LaRue, AICP November 7, 2007 1" Hearing: Nov 7,h LPA. 3 Staff Report Al*ant: Gwynn and Linda Johnson Small -Scale Compreh9eive Plan Amendment Petition No. 07-014-SSA City of Okeechobee Future Land Use Map .E. 11 TH STREET 5 i 3 12,1 10 9 a 7 6 5 4 3 2 1 0 1 22 23 24 25 26 to p E. 10 TH STREET LU Subject UJ 6 5 4 3 2 1 Property 2 1 Z T {Y� 1 9923 24 25 26 21 22 23 4 25J26, r L; c9 - "F .E. 9 TH STREET ui 17 3 12 '1' W 9 P E_ ` 4 , 2 1 14 ;7 18 19 21322 23 24 2 2E- INC I ZAI AD . SEABOARD COAST LINE RAILROAD (27) (21) [COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI - FAMILY COMMERCIAL INDUSTRIAL PUBLIC FACILITIES Staff Report Small -Scale Com Applicant: Gwynn and Linda Johnson ensive Plan Amendment Petition No. 07-014-SSA City of Okeechobee Zoning Map 61 Staff Report App*nt: Gwynn and Linda Johnson Small -Scale Comprehensive Plan Amendment Petition No. 07-014-SSA Okeechobee County Property Appraiser Aerial Map 0 NOVEMBER 15 2007 PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS • PAGE 4 OF 6 Mary Ann Tuten, formerly Mary Ann Newcomer, owner of the property, said my property has always been Commercial. She stated she does not want to change her property from Commercial to Industrial. All I want is to get an approval for the billboard sign to be put on the property line. She stated she told Carter - Pritchard, the billboard sign company, she wanted the sign placed as far away from her business and as close to the property line as allowed. "Can we just take the little strip of land by the property line and change to Industrial and make it contiguous with the railroad and leave the rest of my property alone, would that be alright?" Chair Ledferd replied that setbacks for Industrial would not allow for the sign. Chair Ledferd then instructed the Board, this application was for land use change, not a sign. She then asked if she could apply for partial zoning. Board Member McCoy said the Board needs to look at the application as submitted, to change the designation of the whole lot, not a portion of. Chair Ledferd asked if there were further questions from the Board, applicant, or citizens. There were none. Board Member Burroughs moved to recommend denial to City Council for being inconsistent with the Comprehensive Plan for application No. 07-013-SSA to change Future Land Use from Commercial (C) to Industrial (IND); seconded by Vice Chair Hoover. VOTE LEDFERD — YEA HOOVER — YEA KELLER —YEA MCCOY — YEA JOHNS — ABSENT JUAREZ — YEA MAXWELL — ABSENT O'CONNOR — YEA BURROUGHS - YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on December 4, 2007 before City Council. B. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-014-SSA, submitted by property owners Gwynn and Linda Johnson. The application is to change the Future Land Use designation from Commercial (C) and Single Family (SF) to Industrial (IND) for property located at 105 Northeast 9th Street. Legal description: Lots 1 through 7 and 20 through 26, -Block 36, City of Okeechobee, approximately 2.84 acre(s) — Planning Consultant. Mr. Brisson presented the LaRue Planning Staff recommendation of approval, stating the application is compatible with surrounding property and consistent in land use. Chair Ledferd asked if the applicant wished to address the Board. Vikki Aaron, representing the applicant, stated this was being requested due to property appraisal. Mr. Johnson stated when he bought the property many years ago it was Industrial and that is the way he would like to see it remain. Board Member Burroughs interjected, this is an Industrial area and has been zoned that way for a long time. From a contiguous stand point, this request should not be a problem. Board member Maxwell affirmed the need for more Industrial zoning. Chair Ledferd asked if there were further comments or concerns from the Board or citizens. There were none. &,5- eg17�r5' NOVEMBER 15, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS -PAGE 5 OF 6 Board Member Burroughs moved to approve and find consistent with the Comprehensive Plan Application No. 07-014-SSA and recommend to City Council to change the Future Land Use from Commercial (C) and Single Family (SF) to Industrial (IND); seconded by Board Member Maxwell. 1IQ0 LEDFERD — YEA HOOVER — NAY KELLER — YEA MCCOY — YEA JOHNS — ABSENT JUAREZ — YEA MAXWELL — YEA O'CONNOR — ABSENT BURROUGHS - YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on December 4, 2007 before City Council. C. Consider Rezoning Petition No. 07-015-R, submitted by Brad Goodbread on behalf of property owners Gagbee, Inc. to change the zoning designation from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV) for property located at 2103 Southwest 2nd Avenue, Lots 8 and 9, Block 46; First Addition to South Okeechobee - Planning Consultant. Mr. Brisson presented the LaRue Planning Staff recommendation to approve Rezoning Petition No. 07- 015-R. He reported these two lots are the remainder of the block that was previously all zoned Heavy Commercial. Chair Ledferd asked whether the Board or any citizen had any comments. There were none. Board Member Burroughs moved to approve Rezoning Petition No. 07-015-R and recommend to City Council to change the Zoning from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV); seconded by Vice Chair Hoover. lTl610 LEDFERD — YEA HOOVER — YEA KELLER — YEA MCCOY — YEA JOHNS — ABSENT JUAREZ — YEA MAXWELL — YEA O'CONNOR — ABSENT BURROUGHS - YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on January 15, 2007 before City Council. CHAIRPERSON LEDFERD CLOSED THE PUBLIC HEARING AT 7:37 P.M. VI. NEW BUSINESS. A. Consider and discuss requests for amendments to the City's Land Development Regulations - Chairperson. 1. Consider and discuss recommending to City Council to amend ARTICLE III. DISTRICTS AND DISTRICT REGULATIONS DIVISION 1. Sec. 90-253, 90-223 and 90-282 - City Attorney �x�- Pg ►g/►q The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of in the 19th Judicial District of the Circuit Courtof Okeechobee County, Florida, was published in said newspaper in the issues of 1 e),` C`r ! 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. f / Swolm to anesubscribed before me this dayok " f A.D. 20 `Public, State of Florida at Large �55_P9w��y PUBLIC NOTICE CONSIDERATION OF ADOPTING . A CITY ORDINANCE Ro n TluesdaayySE TAKE NOTICE that the December 4, 2D07 at B:OOD.m a as soon City mtberkeafterop�osesible all, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on and th i consider Trial rea�Ipq of the Ordinance into law: NO.1005: Al AKE OF THE CITY 6F Of KEECHOBE FLORIOA AMENDING THE CITY OF HOBEE COMPREHENSIVE PLANUTURE LAND USE , 0 DNANCE NO. 05 AS AMENDS EVISING THE LRTI ULARLYFDESCRIBED HEREIN FROM COMMERCIAL TRACTMAP ON A CERTAIN SINGLE OF DI ) INDUSTRIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISI IRE LAND USE'MAP IN THE COMPREHENSIVE PLAN;`PROVIDING FOR i XTIVE DATE. The Ordinance is regarding Small Scale Comprehensive Plan Future Land Ut nendmerd application No.,07-014-SSA, submitted by Vikki Aaron, on be oparty owners) Gwynn K and Linda P. Johnson. The request is to change I :e Land Use designation from C and SF to IND for property located at 105 st 9th Street. through 7 and 17 through 26 of Block 36City of r 2.84 am(s). The proposed use is to tiro inue r 4g members of the public are encouraged to attend and participate in said hN e eProposed Ordinance C� Clerk during meted in its entirety by members of the p the Di r eof the g regular business hours, Mon -Fri, 8am-4:3( 'LEASE TAKE NOTICE AND BE ADVISED that If any person desires to appeal cision made by the Cfty Council with respect to any matter considered at rring, such interested person wig need a record of the proceedings, and for! Tale may need to ensure a verbatim recor0 of the proceedings is made, w ord incWdes the testimony and evidence upon which the appeal is to be ba V Clerk media are for the sole purpose of backup for official re, of the Cler 1 accordance with the Americans with Disability Act (ADA) and Florida Stak i.26, persons with disabiM needing spec al accommodaton to participat proceed rig should corrtact Lane Gamiotea no later than two (2) working tl u to the proceeding at 863-76m 72 x215, g hearing or voice impaired, )1-800-222-3448 (voice) or 1-888-447-5620 UW). one Gain otea., CMC, CITY CLERK 1796 ON 11/21/07 O�PyzY PUe/ anetta f hibouli Commission # DD505311 "� o Expires .January 10, 2010 9�pr �� Bonded Troy Fain Insurance. tnc 800-385-7019 EXHIBIT NO. _� DEC 4 - r REAP EXHIBIT NO. JAN 15 -,FINAL ORDINANCE NO. 1006 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 HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Bradley G. Goodbread, on behalf of the owner(s), GAGBEE, Inc., of the property more particularly described hereafter, has heretofore filed Petition No. 07- 015-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.325 acre(s) from Residential Single Family -One (RSF-1) Zoning District to Heavy Commercial (CHV) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on November 15, 2007, and submitted by staff report, which determined such petition(s) to be consistent with the Comprehensive Plan and is appropriate with the zoning uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and hereby finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 8 AND 9 OF BLOCK 46, FIRST ADDITION TO SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Single Family -One (RSF-1) Zoning District to Heavy Commercial (CHV) Zoning District. The zoning for this parcel is subject to the further limitations of the Comprehensive Plan, Future Land Use Element, Policy 2.6. & w P 1/1 � 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 41h day of December, 2007. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 15th day of January, 2008. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney && - P a/1 0 Page 2 of 2 LUU! City of Okeechobee • General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: (� Petition No. 0 1-0 6 Fee Paid: Jurisdiction: 1st Hearing: } 2nd Hearing: Publication Dates: Notices Mailed: unuorm -Lana Use Application ✓ Name of property owner(s): A P Owner mailing address: ,� P Name of applicant(s) if other than owner (state relationship): L I C Applicant mailing address: A N Name of contact person (state relationship): ... T Contact person daytime phone(s): ( ',� �� % Fax: �+T�sZ9z)C- ✓ Property address / directions to property: Indicate current use of property:�r�, i Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): WV01 iE property in a platted subdivision? Approximate number of acres: �� Is ATO P R is there a current or recent use of the property that is/was a violation of court- ordinance' If so. describe: O P E Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: R is a sale subject to this application being granted? T Y Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Describe adjoining land uses / improvements to the North:MVC �jAL South:► East: West: Existing zoning: r - � Future Land Use classification: Actions Requested: Rezone Special Exception Variance L—iParcel Identification Number: 3'z •��j� j -- OC �, op ✓ I Confirmation of Information Accuracy I hereAcerfif�jhat the inf ion in this application is correct. The information included in this application is for use by the Cibee ces 0 my request_ False or misleading information may be punishable by a fine of up to 5n f up t0 days and may result in the summary denial of this application. Signa Printed Name Date Uniform Land Use Application (rev uo3) Page 1 of 2 (� - P .3 Current zoning classification: S ( Requested zoning classification R What is your desired permitted use under the proposed classification: E %4� O N If granted, will the new zone be contiguous with a like zone? E� Is a Special Exception necessary for your intended use? ArO Variance? A14) Describe the Special Exception sought: S P E C I Provide specific LDR ordinance citation: A L Are there other similar uses in the area? IF so, describe: E X C E Why would granting your request be in the best interest of the area and residents? P T I O If business. briefly describe nature including number of employees_ hours_ noise generation and activities to be IN conducted outside of a building: Describe Variance sought: V A R Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? �- Pg yl! Uniform Land Use Application (rev UO3) Page 11 of 2 • &MIN111101011 This instrument was prepared by - Return to: James M. Gann, P. A. P. O. Box 1596 Belk FL 33430 raiser's 1 d cadonNo. R 2 5- 50-00460-00 Vt� This Inde& made this FILE NUM 2407010944 OR BK 00636 R6 1729 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FL RECORDED 08/07/2007 01:00:08 FM RECORDING FEES 10.00 DEED DOG 1r7S0.00 RECORDED BY R Parrish P9 1729; Upe} WARRANTY DEED (STATUTORY FORM - SECTION 689.02, F.S.) '7 N e day of At,* u sf- EDW . SIZEMORE, SR., a single person whose post office adds 203 S. W. 21st Avenue, Okeechobee, Florida, 34974 Of the County of OhechobT , State of Florida, grantors, and GAGBEE, IN¢ whose post office address is of the County of Okeechobee Wimesseth shad said grantor, for Ten and ida corporation 70 East Okeechobee, Florida, 34972 )f Florida, of the sum of (S10.00) 2007, Between and other good and valuable considerations tom band paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and d assigns forever, the following described lend, situate, lying and being in Okeechobee County, Florida, to -wit: i Lots 8 and 9, Block 46, FIRST ADDITION O' SOUTH OKEECHOBEE, according to the plat thereof on file in the office of the Clerk of the Circuit Court in an il(*eechobee County, Florida, recorded in Plat Book 1, page 17. Subject to restrictions, reservations and easements of recmc) tfes subsequent to December 31, 2006_ ��C/''n and said grantor does hereby fully warrant the title to said Ian defend the same against lawftd claims of all persons whomsoever. • "Grantor" and "grantee" are used for singular or plural, as context requires. In ess Whereof, grantor has hereunto set grantor's land and seal the day and year first ve written a� D81°a) aimem ey Printed name:lEDWARD J. MEMORE SR. (S and Wtm�s) Printed name•J� n�a h�i. �.t�oD NA i� STATE OF FLORIDA COUNTY OF PALM BEACH Grantor. Printed name: Pe foregoing instrument was acknowledged befo me this eA 119 day of F1146L%ST , 2007, by EDWARD J. SREMORE, SR He is 1`wu Warac or produced r as identification. My commission expires: Note&y Public Linda 11 Woodham _ L ComnIhislon t Mffli l Elhkes FdM=y 10, 2008 .. arnr+tagrhr-firL aooawou Book636/Page1729 CFN#2007010944 Page 1 of 1 L IJ Vas+vau �vv...+uv Okeechobee County Prope, Appraiser Last Updated: 10/8/2007 Parcel ID: 3-28-37-35-0050-00460-0080 Owner & Property Info 2007 Proposed Values Retrieve Tax Record Property Card !ptercUVe.C�IS Map Print:! ..; New Super Hcfrnes�ead �axab� Vale C,a�cuiator ;: Search Result: 1 of 1 Owner's Name GAGBEE INC Site Address 2103 SW 2ND AVE, Okeechobee Mailing Address 12575 HIGHWAY 70 EAST OKEECHOBEE, FL 349720000 Brief Legal 1ST ADDITION TO SOUTH OKEECHOBEE LOTS 8 & 9 BLOCK 46 Total Land Area 0.325 ACRES Neighborhood 518652.00 Tax District 50 UD Codes ImarketArea. 140 DOR Use Code SINGLE FAM (000100) The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planing & Development office at 863-763-5548 for specific zoning information. Pronerty & Assessment Values Mkt Land Value cnt: (1) $54,810.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (1) $32,795.00 XFOB Value cnt: (1) $217.00 Total Appraised Value $87,822.00 GIS Aerial 2007 Proposed Values Just Value $87,822.00 Class Value $0.00 Assessed $87,822.00 Value Exempt Value $0.00 Total Taxable $87,822.00 Value Sale Date Book/Page Inst. Type Sale Vlmp Sale Quai Sale RCode Sale Price 8/2/2007 636/1729 WD I U 03 $250,000.00 12/1/1993 351/403 WD I U 03 $32,500.00 6/1/1988 295/1857 WD I Q $39,000.00 d3eieFr$FtvFe €'txa�aa^i-�ri�t•er� Bldg Sketch Bldg Item Bldg Desc Year Bit Heated S.F. Actual S.F. Bldg Value Show Sketch 1 SINGLE FAM (000100) 1940 904 1054 $32,795.00 r-ytx.4 F,-a Lc res & Out Buildings - Code Desc Year Bit Value Units Dims Condition (% Good) APA N4 AL PIER AL 1991 $217.00 r 28.000 7 x 4 x 0 PD (50.00) E �s [ems rrk �h`u.S SC F�t9:bFl94Y Lnd Code I Desc I Units E Adjustments Eff Rate Lnd Value 067SP8 I SO SIDE ST (MKT) 1 100.000 FF - (.325AC) 1 1.00/1-00/1-00/1.00 $S48.10 $54,810.00 Okeechobee County Property Appraiser Search Result: 1 of 1 Last Updated: 10/8/2007 C � ` PD V I I HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax ` F A 0 I Contact Us http://www.okeechobeepa.comIGIS/D—SearchResults. asp 10/ 12/2007 0 r 'ram i7 /,! Jausbu l ouGGh oLLLLG GVV Fort Myers, Florida 33901-2845 • Pho&39-334-3366 Fax: 239-334-6384 Applicant: Owner.- From: To: Petition No. & b-P� Blib Bradley Goodbread Gagbee, Inc. RSF-1 CHV 07-015-R Staff Report Rezoning Request Applicant: B `ey Goodbread for Gagbee Petition No. 07-015-R General Information W�= �tgley, s> 101 Location: 2103 SW 2"d Avenue Legal Description: Lots 8 and 9, Block 46, FIRST ADDITION TO SOUTH OKEECHOBEE, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Okeechobee County, Florida, recorded in Plat Book 1, Page 17. Request: The Applicant is requesting rezoning the subject property from RSF-1 to CHV to allow for retail commercial development of the property. & b - P� q/,� Staff Report Applica Bradley Goodbread for Gagbee Rezoning Request . 6 Petition No. 07-015-R The subject property is developed with a wood -frame house. The Applicant is requesting rezoning the property from RSF-1 to CHV in order to develop it commercially. The parcel is already designated as Commercial on the Future Land Use Map and this request will make the zoning consistent with the future land use designation. Analysis The proposed use is not contrary to Comprehensive Plan requirements. The proposed use is not contrary to the Comprehensive Plan requirements. This request would further the Goals, Objectives, and Policies of the Future Land Use Element and bring the zoning of the property into consistency with its land use designation. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, the. proposed commercial retail uses is allowed by the Unified Land Development Code. Specifically, section 90-282(2) allows retail services and retail stores as a permitted use in the CHV Zoning District. Staff Report Applicant: E ley Goodbread for Gagbee Rezoning Request Petition No. 07-015-R 3. The proposed use will not have an adverse effect on the public interest. No, the proposed retail commercial use. or CHV Zoning will not have an adverse effect on the public interest. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The proposed commercial use and CHV Zoning is appropriate for this location. The requested use will be compatible with adjacent land uses and will not be contrary or 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. The proposed commercial use and zoning district will not affect property values or living conditions. By allowing this request, its development will be an encouragement for 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 If necessary, the Technical Review Committee may require that the property be buffered from nearby residential uses. However, this will be determined during the site plan review phase of this property's development. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No, density and school concerns will not be an issue. Utility services are already provided to the existing use. Some increase in traffic can be expected, but this would be expected under the Commercial future land use designation. To the extent that traffic becomes and issue, it will be discussed during the site plan review phase of development. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. As discussed in #7 above, traffic congestion, flooding, and drainage considerations, and any other problems that may arise from the development of this property, will be discussed during the site plan review phase. �P5 I` )� 3 Staff Report Applicar radley Goodbread for Gagbee Rezoning Request Petition No. 07-015-R 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No; the only restrictions being placed on the property are those which are set forth in the City's Unified Land Development Code and the City's Comprehensive Plan. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The rezoning of the property does not constitute a grant of special privilege to the owner. All similarly situated lands with a Commercial future land use designation could be expected to be treated similarly. Staff recommends approval of the request to allow rezoning from RSF-1 to CHV permitting the Applicant to develop commercial uses on the subject property. Submitted by. James G. LaRue, AICP Planning Consultant November 7, 2007 1st Hearing 11-15-07 LPA. 4 Staff Report Rezoning Request Applicant: E ley Goodbread for Gagbee Petition No. 07-015-R City of.Okeechobee Zoning Map UNIC CBD CHV CL7 CPO IND T" PUB RHF i R Ili H RSF1 �x b Pg is/ib 5 Staff Report Rezoning Request is Applica Bradley Goodbread for Gagbee V Petition No. 07-015-R ZONING Eu - (� - f )� IV, (0 City of Okeechobee Zoning Map Emn !vIl" � i"Y w �K ip"IMME Emmons owns 2 j 4D 7�17 Lots 8 & 9 Block 46 0 fj. 125 0.25 05 015 0 NOVEMBER 15 2007 PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS - PAGE 5 OF 6 Board Member Burroughs moved to approve and find consistent with the Comprehensive Plan Application No. 07-014-SSA and recommend to City Council to change the Future Land Use from Commercial (C) and Single Family (SF) to Industrial (IND); seconded by Board Member Maxwell. LEDFERD — YEA HOOVER — NAY KELLER — YEA MCCOY — YEA JOHNS — ABSENT JUAREZ — YEA MAXWELL — YEA O'CONNOR — ABSENT BURROUGHS - YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on December 4, 2007 before City Council. C. Consider Rezoning Petition No. 07-015-R, submitted by Brad Goodbread on behalf of property owners Gagbee, Inc. to change the zoning designation from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV) for property located at 2103 Southwest 2nd Avenue, Lots 8 and 9, Block 46; First Addition to South Okeechobee - Planning Consultant. Mr. Brisson presented the LaRue Planning Staff recommendation to approve Rezoning Petition No. 07- 015-R. He reported these two lots are the remainder of the block that was previously all zoned Heavy Commercial. Chair Ledferd asked whether the Board or any citizen had any comments. There were none. Board Member Burroughs moved to approve Rezoning Petition No. 07-015-R and recommend to City Council to change the Zoning from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV); seconded by Vice Chair Hoover. VOTE LEDFERD — YEA HOOVER — YEA KELLER — YEA MCCOY — YEA JOHNS — ABSENT JUAREZ — YEA MAXWELL — YEA O'CONNOR — ABSENT BURROUGHS - YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on January 15, 2007 before City Council. CHAIRPERSON LEDFERD CLOSED THE PUBLIC HEARING AT 7:37 P.M. VI. NEW BUSINESS. A. Consider and discuss requests for amendments to the City's Land Development Regulations - Chairperson. 1. Consider and discuss recommending to City Council to amend ARTICLE III. DISTRICTS AND DISTRICT REGULATIONS DIVISION 1. Sec. 90-253, 90-223 and 90-282 - City Attorney J • • EXIIIBIT 7 DEC 4, 2007 CITY OF OKEECHOBEE (863)763-3372 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Administrator's Office 55 SE 3rd Avenue Okeechobee, Florida 34974 NAME:7�c^ ADDRESS: TELEPHONE: FAX: MEETING: REGULAR 91/ SPECIAL ❑ WORKSHOP O FAX (863) 763-1686 DATE: / ,�A Idt, I PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: �r Cc ►� 1) �C�tc iiy::� Irl cot � i -) ter - �. l STATE WHAT DEP VE W�OWD WITH THUS FARt PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: keee(1 (i,,'r:_-! 7 ci,�� ('/QVi+,(-Vt_1r") C,S /r t nL) 1,5, allkc- IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: SIGNED BY: DATE: `/ / �—t v 0 To whom it may concern: • RECEIVED NOV 2 7 2007 I Bill Acheson would like to speak at the next council meeting. I have a situation with a neighbor who when he cuts his grass he blows all of the clipping over half way across the street and I end up with all the dust, dirt, and clipping on my side of the street and due to traffic it ends up in the house causing a lot of dust. I have explained this to several city employees and I have not had any answers as to why he is allowed to do this. Sincerely, Bill Acheson 302 SE Bch Ave Okeechobee, FL 34974 863-357-3645 & 7 - q , Q1, 0? ExnIBIT 8 DEc �, 2007 Christiansen & Dehner, P.A. 63 Sarasota Center Blvd. Suite 107 Sarasota, Florida 34240 • 941-377-2200 • Fax 941.377-4848 MEMORANDUM TO: The Board of Trustees of the City of Okeechobee Municipal Police Officers' Pension Trust Fund RE: Pre-tax Treatment of Health Insurance Premiums DATE: October 1, 2007 Congress recently adopted the Pension Protection Act of 2006. This legislation contains a major change which benefits police officers and firefighters that became effective on January 1, 2007. This change will allow retired police officers and firefighters who retire with a normal or disability retirement benefit to elect to have the pension board pay directly to an insurance provider, premiums for health insurance and long term care on a pre-tax basis up to an annual amount of $3,000.00 if permitted by state law and the pension plan. Due to restrictions in Chapters 175 and 185, Florida Statutes, the insurance must be provided by the City or an insurance provider pursuant to a contract with the City. Accordingly, we have enclosed the following documents for use in establishing this program: Agreement Concerning Deduction from Retirement Benefits for Qualified Health Insurance Premiums, to be used if the City is at any time not self -insured . This document should be executed by the Board of Trustees and the City of Okeechobee. 2. Authorization For Deduction From Retirement Benefits. This document should be executed by each retiree who qualifies for the pre-tax treatment and submitted on or before December 31, 2007 for the 2007 Tax Year. Proposed Rule to amend the Operating Rules and Procedures to add procedures for establishing Insurance Premium Deductions. 4. Internal Revenue Instructions for reporting the pre-tax treatment of premiums and memorandum to current retirees. 5. A memorandum to be provided to all retirees with the Authorization For Deduction From Retirement Benefits, and Internal Revenue Instructions. /13 AGREEMENT CONCERNING DEDUCTION FROM RETIREMENT BENEFITS FOR QUALIFIED HEALTH INSURANCE PREMIUMS This Agreement is hereby made by the City of Okeechobee ("City") and the Board of Trustees of the City of Okeechobee Municipal Police Officers' Pension Trust Fund ("Pension Fund"). The purpose of this Agreement is to efficiently implement the provisions of Section 845 of the Pension Protection Act of 2006. The Pension Fund agrees to begin to or continue to deduct premiums from retired members for qualified health insurance premiums. For purposes of Section 845 of the Pension Protection Act of 2006, the City agrees to serve as the Pension Fund's intermediary to make payment of the premiums deducted from a member's retirement benefit by the Pension Fund directly to the provider(s) of the qualified health insurance plan. The City agrees that the City will not pay any such deducted premium to a member instead of directly to the provider(s) of the qualified health insurance plan. Dated this 1 '7 day of 2007. CITY OF OKEECHOBEE I0 CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND r By: ` As -Chairman ATTEST: By: As Se retary CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND AUTHORIZATION FOR DEDUCTION FROM RETIREMENT BENEFITS WHEREAS, Section 185.05(6), Florida Statutes, provides that the Board of Trustees may, upon written request by the retiree of the plan, withhold from the monthly retirement payment those funds that are necessary to pay for benefits received through the governmental entity from which the employee retired; WHEREAS, retired police officers and their dependents are eligible to participate in the insurance program provided by the City of Okeechobee upon the retired police officers or their eligible dependents paying the appropriate premium; and WHEREAS, Section 408 of the Internal Revenue Code was amended by the Pension Protection Act of 2006 to provide beginning January 1, 2007 that "eligible retired public safety officers" will receive up to a $3,000 taxable income exclusion toward the cost of health insurance if payment of the premiums is made directly to the provider of the accident or health insurance plan by deduction from a distribution from the eligible retirement plan; 1. Therefore, I, the undersigned retired police officer of the City of Okeechobee do hereby authorize the Board of Trustees of the City of Okeechobee Municipal Police Officers' Pension Trust Fund and the custodian of the City of Okeechobee Municipal Police Officers' Pension Trust Fund, SunTrust Bank, to deduct from my monthly pension benefits from the City of Okeechobee Municipal Police Officers' Pension Trust Fund and to pay directly to the City of Okeechobee, and in turn to the provider of accident or health insurance, if applicable, those premiums necessary for the undersigned to maintain coverage with the life, health, accident, hospitalization or annuity insurance provided by the City of Okeechobee to retired police officers and their spouses and dependents, which coverage I have elected to maintain. This authorization shall include any increases in the premiums for such insurance which I have elected to maintain coverage. 2. I hereby certify that I am a retired public safety officer as defined by 42 U.S.C. 3796b(9)(A), that I retired from the plan under Normal Retirement (Not Early) or Disability Retirement and I am not receiving a benefit as a terminated vested person. 3. This deduction shall take effect as soon as is administratively possible after directions are received by SunTrust Bank from the Board of Trustees, unless a later start date is directed. 4. This deduction shall continue to be in effect until I request that SunTrust Bank be given direction from the Board to cease this deduction, unless a later stop date is directed. The custodian shall cease the deduction as soon as is administratively possible. 5. I understand that: A. Every effort will be made to maximize a retiree's annual tax free deductions under this program. However, due to rounding or changing of premiums, differences in alignment between calendar years, taxable years, benefit years and fiscal years, differences between the record keeping and invoicing procedures between the parties involved and due to other administrative matters beyond the control of the parties, ?X 6 - P9 3/i3 neither the Board nor the City makes any guarantee that a retiree will receive the maximum tax free allowance for each benefit year. B. This program is subject to change at any time based on Internal Revenue Service interpretations, changes to the PPA, or in the case that this program is found to be in conflict with other federal, state or local laws. In the event of a conflict between this program and governmental regulations, official interpretations, or other relevant legal decisions, this program shall be subordinate. C. This program is furnished by the Board of Trustees of the City of Okeechobee Municipal Police Officers' Pension Trust Fund as a customer service to retired participants. Neither the Board nor the City of Okeechobee accepts any liability and makes no guarantees regarding the tax implications of any health insurance premiums paid through this program. As always, retirees should consult with a professional tax advisor regarding matters of the taxability or non -taxability of pension and health insurance benefits. D. The Board of Trustees reserves the right to require retirees participating under this program to pay any such costs as may be assessed by the fund custodian, the plan administrator or the qualified health insurance provider in the future for the processing, disbursement or acceptance of insurance policy premium payments. E. I understand that the Retirement System is not responsible for lapsed premiums or lapsed insurance policy coverage or any other coverage or benefit issues that may arise between my insurance carrier and myself. F. I take full responsibility for the accuracy and truth of all the information I have provided and certify that I am entitled to these benefits. G. I understand that by electing to participate in the federal tax exclusion, I will be decreasing my federal taxable income. This tax exclusion may not apply to state taxation. H. I understand that I may not request additional tax -preferred treatment of the applicable exclusion amount (up to $3,000.00 annually), from any other qualified retirement systems (i.e. Governmental defined benefit plans, or 403(b) plans). I. I understand that the Retirement System is complying with federal law by withholding insurance premiums from my pension benefits. In doing so, the Retirement System is only performing an administrative function and is only responsible for payment of premiums, as required by law. I understand that the health insurance premium withholding may affect tax withholding from my monthly pension annuity. • • IMPORTANT LEGAL NOTICE THE IRS HAS NOT PROVIDED GUIDANCE TO DATE ON THE APPLICATION OF THIS PROGRAM. AS A CONDITION OF PARTICIPATION IN THIS PROGRAM, THE MEMBER ACCEPTS ALL RESPONSIBILITY FOR TRUTH OF THE INFORMATION PROVIDED TO THE PLAN. IN ADDITION, IN CONSIDERATION OF PARTICIPATION, THE MEMBER AGREES THAT THE RETIREMENT SYSTEM, ITS STAFF OR ADVISORS, AND THE EMPLOYER HAVE NO LIABILITY FOR ANY ADDITIONAL TAX LIABILITY, INCLUDING INTEREST AND PENALTIES THAT MAY ARISE FROM PARTICIPATION. AS THIS WAIVER INVOLVES YOUR LEGAL RIGHTS, YOU ARE ADVISED TO SEEK COMPETENT LEGAL ADVICE PRIOR TO PARTICIPATING IN THE PROGRAM. I UNDERSTAND AND AGREE THAT I HAVE HAD A FULL OPPORTUNITY TO HAVE MY QUESTIONS ANSWERED AND TO SEEK OUTSIDE ADVICE. WAIVER OF CLAIMS BY SIGNING THIS FORM I AGREE THAT I WILL NOT MAKE ANY LEGAL CLAIM OF ANY KIND AGAINST THE RETIREMENT SYSTEM, ITS STAFF AND ADVISORS, AND THE EMPLOYER SHOULD MY PARTICIPATION IN THIS PROGRAM RESULT IN UNEXPECTED TAX LIABILITY TO ME, INCLUDING INTEREST AND PENALTIES. I UNDERSTAND THAT MY ABILITY TO PARTICIPATE IN THIS PROGRAM IS A VALUABLE BENEFIT FOR WHICH I AM WILLING TO SIGN THIS WAIVER OF ALL CLAIMS. I FURTHER RELEASE THE RETIREMENT SYSTEM ITS STAFF AND ADVISORS, AND THE EMPLOYER FROM ANY LIABILITY ARISING FROM THE ADMINISTRATION OF PAYMENTS TO ANY INSURER. Dated: Print Name Signature STATE OF FLORIDA COUNTY OF: The foregoing instrument was acknowledged before me this , 20 , by who is personally known to me or who has produced identification. Notary Public Return to: Det. Betty Taylor 50 S.E. 2nd Avenue Okeechobee, Florida 34974 2x6- Pg 56 day of as RULE 18 INSURANCE PREMIUM DEDUCTIONS 18.1. INSURANCE PREMIUM DEDUCTION AUTHORIZATION A. As permitted by Florida Statute 185.05(6), upon the retiree's written request, the Board of Trustees hereby authorizes the plan administrator or Board designee to withhold from a retiree's monthly retirement payment those funds that are necessary to pay for certain benefits which are being purchased by the retiree under the City sponsored group insurance programs. B. Any retiree requesting such deduction under this policy shall be required, as a pre- requisite, to be receiving the payment of his monthly retirement benefits via direct deposit. C. In order to participate in premium payments under this policy, the retiree shall be required to complete and submit all such forms as may be required to effectuate this benefit by the Board of Trustees, pension office, plan administrator, plan custodian, and insurance carriers. D. Requests to begin such deductions shall be effective as soon as reasonably possible. Once elected, benefits deductions shall continue until such time as the retiree deceases or submits a termination request form to the plan administrator or Board designee. Request for termination of deductions under this policy must be on a form obtained from the plan administrator or Board designee and shall be effective as soon as reasonably possible. E. A retiree requesting a deduction under this policy shall be required to have such deduction be made in an amount to cover the total premium for all insurance benefits which are being purchased through the City. Partial premium payments may not be made through the use of pension funds and individual premiums may not be paid by separate means. F. Any insurance premiums paid in accordance with this policy shall be paid on a schedule as determined by the plan sponsor. G. Premium payments made under this policy may only be made in equal monthly installments for each benefit year or the remainder of any benefit year as the case may be. Eu 8 �y °li3 18.2 TAX-FREE PAYMENT OF INSURANCE PREMIUMS While participating in premium deductions under this policy, retired police officers, as defined in Rule 18.3 below, may designate that a portion of their premiums for City sponsored health insurance or other qualified health insurance premiums as specified by the Pension Protection Act of 2006 (PPA) be paid on a tax free basis up to $3,000.00 annually (or the then current IRS allowable limits). Retirees who do not have City sponsored insurance premiums deducted from their monthly annuity can not participate in the tax free provisions of this policy. A. The pension plan custodian must make the premium payment payable directly to the City or the City qualified health insurance provider. B. Retirees cannot receive any such tax free amounts as reimbursements. C. This eligibility does not extend to joint annuitants, survivor annuitants, or beneficiaries. D. Tax free payments may not be made on a lump sum basis but rather must be paid in level monthly installments during the benefit year or remainder thereof. E. All qualified insurance premiums will accumulate as they are paid during the taxable year until the maximum tax free benefit is achieved. After that, monthly group insurance benefit premiums will continue to be deducted on an after tax basis. F. Participants shall be required to sign an agreement and certify that they are eligible retired police officers and that they are not having tax free deductions for qualified health insurance premiums taken from any other retirement benefit plan. G. Once a retiree requests to participate in the tax free provisions of this policy, such election shall remain in effect continuously until revoked in writing and in compliance with all requirements of this policy. H. A retiree may only use the tax free provisions of this policy to defray the actual costs of purchasing qualified insurance products. Tax free pension annuity deductions for qualified health insurance premiums may not be made in excess of the actual monthly insurance premiums due. Ek 8 Pi -7113 18.3 RETIREES WHO ARE ELIGIBLE FOR THE TAX-FREE PAYMENT OF QUALIFIED INSURANCE PREMIUMS In order to be eligible for coverage under the pre-tax policy, the retiree must be a retired "public safety officer" as defined by 42U.S.C. 3796b(9)(A) and must meet all of the following conditions: A. Must have been a police officer at the time of separation from employment. B. Must have retired from City service as a Normal Retirement or Disability Retirement. Persons receiving terminated vested benefits are not eligible. C. Must be receiving a monthly retirement benefit from the Pension Fund. D. Must be enrolled in a qualified City -sponsored insurance policy. 18.4 MISCELLANEOUS PROVISIONS A. Qualified health insurance premiums payable under this policy shall be limited to those of carriers which have entered into agreement to participate with the City in providing qualified insurance coverage. B. Every effort will be made to maximize a retiree's annual tax free deductions under this policy. However, due to rounding or changing of premiums, differences in alignment between calendar years, taxable years, benefit years and fiscal years, differences between the record keeping and invoicing procedures between the parties involved and due to other administrative matters beyond the control of the parties, neither the Board nor the City makes any guarantee that a retiree will receive the maximum tax free allowance for each benefit year. C. This policy is subject to change at any time based on Internal Revenue Service interpretations, changes to the PPA, or in the case that this policy is found to be in conflict with other federal, state or local laws. In the event of a conflict between this policy and governmental regulations, official interpretations, or other relevant legal decisions, this policy shall be subordinate. D. This program is furnished by the Board of Trustees of the City of Okeechobee Municipal Police Officers' Pension Trust Fund as a customer service to retired participants. Neither the Board nor the City of Okeechobee accepts any liability and makes no guarantees regarding the tax implications of any health insurance premiums paid through this program. As always, retirees should consult with a professional tax advisor regarding matters of the taxability or non -taxability of pension and health insurance benefits. E. The Board of Trustees reserves the right to require retirees participating under this policy to pay any such costs as may be assessed by the fund custodian, the plan administrator or the qualified health insurance provider in the future for the processing, disbursement or acceptance of insurance policy premium payments. fi 8- �g q1�3 CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND MEMORANDUM TO: All Retirees REFERENCE: Potential Tax Savings DATE: November 1, 2007 The Pension Protection Act of 2006 was signed into law on August 17, 2006. One of the provisions of this act is to allow "eligible retired public safety officers" to elect to exclude from gross income certain deductions made from your Pension Plan to pay for "qualified health insurance premiums." The exclusion is limited to the amount of annual premiums paid, up to $3,000, and is effective beginning January 1, 2007. This means that if your annual pension is $36,000 and $3,000 is deducted for medical premiums, then your gross pension will be reported as $33,000 on your 1099R form. If your medical premiums are less than $3,000, the exemption is limited to the actual amount of your premiums. If the premiums are more, the exemption is capped at $3,000. According to the law, "an eligible retired public safety officer" includes police officers or firefighters who separate from service due to Disability or attainment of Normal retirement. Those who receive Early or Vested Termination benefits are not eligible. You are receiving a vested termination benefit if you were not eligible for immediate payment of pension benefits when you left employment. "Qualified health insurance premiums are premiums deducted from your pension that are paid for accident, health insurance, or long-term care insurance for the eligible retired public safety officer, his or her spouse, and dependents. It does not include premiums for vision, life or legal insurance. Enclosed is a form for you to elect that your qualified health insurance premiums, up to $3,000, qualify for the exemption. You can only qualify if premiums are deducted from your pension benefit and are paid directly to the City. If this form is not returned, we will assume that you have elected NOT to exempt your health premiums for taxation. Election must be made. Therefore no election is considered a no. If you are already having premiums deducted from your pension benefit and sent directly to the City to pay these premiums in the City Health Insurance Program (either self insured or with a carrier), you may claim the favorable tax treatment for tax year 2007 by following the instructions in the e-mail from the IRS, which is attached. It is recommended that you consult your tax advisor if you have any questions on this issue. If you have questions about your pension plan, please contact the Pension Office at 863-763-5521. 0 U ?'9� 007 Instructions for Forms 1099-R and 5498 Section references are to the Internal Revenue Code unless otherwise noted. What's New Form 1099-R Certain qualified distributions. A TIP has been added on page R-1 to indicate that there is no special reporting for qualified charitable distributions, qualified HSA distributions, or payments of qualified health and long-term care insurance premiums for retired public safety officers. Recipients of these distributions claim the associated tax benefits on their own income tax returns. However, trustees and issuers may use Distribution Code 2 to indicate an exception to the additional tax on early distributions for payments of qualified health and long-term care insurance premiums for retired public safety officers. See the Guide to Distribution Codes on page R-11. Nonspouse designated beneficiaries. Notice 2007-7 provides guidance on provisions in the Pension Protection Act of 2006 regarding the tax treatment of certain distributions to nonspouse designated beneficiaries. See Direct Rollovers on page R-3; Automatic rollovers on page R-3; and the TIP on page R-4 under Explanation to Recipients Before Eligible Rollover Distributions (Section 402(f) Notice). Section 402(f) notice requirements. Guidance is provided under new Regulations section 1.402(f)-1 in meeting the requirements to furnish section 402(f) notices electronically. Also, the Pension Protection Act of 2006 extended the period for providing the notice for certain plans. See Notice 2007-7, Section Vill, and Explanation to Recipients Before Eligible Rollover Distributions (Section 402(f) Notice) on page R-4. Form 5498 Special catch-up contributions. Information for reporting catch-up contributions under section 219(b)(5)(C) has been added under Special reporting for2007on page R-13. Qualified charitable distributions. Notice 2007-7 provides guidance on the treatment of qualified charitable distributions. See the Note on page R-13. Nonspouse designated beneficiaries. Guidance on reporting for IRAs of nonspouse designated beneficiaries has been added to Inherited IRAs on page R-14. Qualified reservist distributions. Reporting instructions have been added on page R-14 under Repayment of qualified reservist distributions. Blank box. Instructions regarding the use of the blank box to the left of box 10 for reporting certain contributions have been added on page R-15. Reminders In addition, see the 2007 General Instructions for Forms 1099, 1098, 5498, and W-2G for information on: • Backup withholding • Electronic reporting requirements • Penalties • Who must file (nominee/middleman) • When and where to file • Taxpayer identification numbers • Statements to recipients • Corrected and void returns • Other general topics f)� B Pg 1lis C., CoDepartment of the Treasury Internal Revenue Service You can get the general instructions from the IRS website at www.irs.govor call 1-800-TAX-FORM (1-800-829-3676). Specific Instructions for Form 1099-R File Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit -Sharing Plans, IRAs, Insurance Contracts, etc., for each person to whom you have made a designated distribution or are treated as having made a distribution of $10 or more from profit-sharing or retirement plans, any IRAs, annuities, pensions, insurance contracts, survivor income benefit plans, permanent and total disability payments under life insurance contracts, charitable gift annuities, etc. Also, report on Form 1099-R death benefit payments made by employers that are not made as part of a pension, profit-sharing,. or retirement plan. See box 1 on page R-6. Reportable disability payments made from a retirement plan must be reported on Form 1099-R. Generally, do not report payments subject to withholding of social security and Medicare taxes on this form. Report such payments on Form W-2, Wage and Tax Statement. Generally, do not report amounts totally exempt from tax, such as workers' compensation and Department of Veterans Affairs (VA) payments. However, if part of the distribution is taxable and part is nontaxable, report the entire distribution. There is no special reporting for qualified charitable TIP distributions described in section 408(d)(8), for qualified HSA funding distributions described in section 408(d)(9), or for the payment of qualified health and long-term care insurance premiums for retired public safety officers described in section 402(1). Military retirement annuities. Report payments to military retirees or payments of survivor benefit annuities on Form 1099-R. Report military retirement pay awarded as a property settlement to a former spouse under the name and taxpayer identification number (TIN) of the recipient, not that of the military retiree. Governmental section 457(b) plans. Report on Form 1099-R, not Form W-2, income tax withholding and distributions from a governmental section 457(b) plan maintained by a state or local government employer. Distributions from a governmental section 457(b) plan to a participant or beneficiary include all amounts that are paid from the plan. For more information, see Notice 2003-20 which is on page 894 of Internal Revenue Bulletin 2003-19, available at www.irs.gov/pubfirs-irbsrrb03-19. pdf. Also see Section 457(b) plan distributions on page R-10 for information on distribution codes. Nonqualified plans. Report any reportable distributions from commercial annuities. Reportdistributions to employee plan participants from section 409A nonqualified deferred compensation plans including nongovernmental section 457(b) plans on Form W-2, not on Form 1099-R; for nonemployees, these payments are reportable on Form 1099-MISC. However, report distributions to beneficiaries of deceased plan participants on Form 1099-R. See box 1 on page R-6. Section 404(k) dividends. Generally, distributions from an employee stock ownership plan (ESOP), including a tax credit ESOP, are reported on Form 1099-DIV, Dividends and Distributions. However, if the distribution is a total distribution and contains section 404(k) dividends, report these dividends on Form 1099-R. Charitable gift annuities. If cash or capital gain property is donated in exchange for a charitable gift annuity, report No. 27987M RE The 2007 1099R and The 2007 1099R and 1040 Forms and PPAFrom: [Robert.A.Erickson@irs.gov] Sent: Monday, June 11, 2007 3:52 PM _To: Tarr, Paul Cc: Sottile Sue M subject:,RE: The 2007 1099R and 1040 Forms Here are the answers: 1040 Forms and PPA.TXT Erickson Robert A and PPA 1) Should the 2007 1099R (Box 2a) taxable amount reflect the reduction of taxable income by any qualified medical deductions taken pre-tax for safety members (up to $3,000.00 under PPA)? No. 2) Are there any new, boxes on the 2007 1099R form? No. see the.2007 form at http://www.irs.*gov/pub/irs-pdf/fl099r.pdf.. If not, are any of the 1099R boxes to include PPA related deductions? No. 3) will there be a line on the 1040 form for the retiree to put their total yt.d medical premium payment amount? No. Instead, the retiree must reduce the taxable amount on line 16b by the amount of the exclusion and enter ".Pso" next to that line will this be how the retiree will report that they are due a deduction up to $3,000.00? Yes, the above method will indicate that the exclusion (deduction) was claimed. 4) would the retirement fund need to provide the up to,$3,000.00 deduction amount to the safety pa ees? No, there is no requirement to do so, although it would be helpful. would they need to provide the ytd medical ppremium amount to the safety payees? No, there is no requirement to do so, although it would be helpful. 5) Are there any new forms that will be associated with these new deductions for safety.retirees? No. Bob Erickson I.D. No. 50-02162 senior Technical Advisor Tax Forms & Publications, SE:W:CAR:MP:T 1111 Constitution Ave. N.w., Room 6406 Washington, DC 20224 Phone (202) 622-5019 Fax (202) 622=5025 Cell (202) 746-7811 E-mail: Robert.A.Erickson@irs.gov -------------------------------------------------------------------------------- From: Tarr, Paul [ma.ilto:Paul.TarrIv@lrs.com] Sent: Monday, June 11, 2007 4:30 PM To: Erickson Robert A subject: The 2007 1099R and 1040 Forms and PPA :.., My name is ,Paul Tarr and I work for Levi, Ray & Shoup Inc. in the PensionGold Retirement Solutions group. we are an IT company that creates software products for public retirement funds. -our main products calculate and process benefit payouts to retirees, many of whom are public safety officers. our systems also produce copies of the Form.1099'-R to report their annual income. I was hoping that you could clarify a few things regarding the 2Q07 1099R and 1040 forms and the impact of the Pension Protection Act. of 2006 (PPA) Page 1 • 0 RE The 2007 1099R and 1040 Forms and PPA.TXT 1) should the 2007 1099R (Box 2a) taxable amount reflect the .reduction of taxable income by any qualified medical deductions taken pre-tax for safety members (up to $3,000-00 under PPA)? 2) Are there any new boxes on the 2007 1099R form? If so, what amounts should be in those boxes? If not, are any of the 1099R boxes to include PPA related deductions? 3) will there be a line on the 1040 form for the retiree to put their total ytd medical premium payment amount? will this be how the retiree will report that they are due a deduction up to $3,000.00? 4) would the retirement fund need to provide the up to $3,000.00 deduction amount to the safety payees? would they need to provide the ytd medical premium amount to the safety payees? 5) Are there any new forms that will be associated with these new deductions for safety retirees? Thanks in advance for answering my questions. Paul Tarr Paul C. Tarr IV, PMP I Support Supervisor, PensionGold Retirement Solutions I Levi, Ray & Shoup Inc. 1 (217) 793-3800 ext. 1469 1 (217) 547-0963 fax • DEC &ENVA - EX41/8/T NO. RESOLUTION NO. 07-12 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING AND REQUESTING THATTHE ISSUES DENOTED HEREIN BE INCLUDED IN THE LEGISLATIVE DELEGATION TO THE FLORIDA LEGISLATURE FOR THE 2008 LEGISLATIVE SESSION. WHEREAS, the City of Okeechobee Council is requesting that the Delegation introduce and support the requests made on behalf of the City, the County and Okeechobee Utility Authority (OUA). NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1. That the City of Okeechobee urges Governor Charlie Crist and members of the Florida Legislature to support legislation during the 2008 legislative session that: • Canal Clean Up Program • Stormwater Retrofit • Municipal Building Improvements • Support of OUA Sewer Capacity Issue • FDOT Signal ization/Intersection Improvements • Battlefield Historic State Park Section 2. That a copy of this Resolution shall be provided to Governor Charles Crist, and members of the Florida Legislature. INTRODUCED AND ADOPTED in regular session this 411 day of December. 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 1 of 1 DMIBIT 10 DEc 4, 2007 z 4j815s MEMORANDUM To: Mayor and Council Members y� r From: Melisa Eddings, Deputy Clerk rn�j Subject: Alley Closing No. 86 Date: November 28, 2007 Attached is a completed alley closing application submitted by Steve Dobbs on behalf of property owners Fosler, LLC, to close the East to West alleyway located in Block 28, between Lots 1 to 10 and 17 to 26. The purpose of the alley closing is to utilize the area for a multi -family development and drainage. Utility companies, Embarq, Comcast and OUA, do not require any type of easement. FP&L has no objection with this alley closing, except they noted that they will need an easement for future power. City Engineer Bermudez objects to the alley closing due to drainage problems in the City. Administrator Whitehall is in agreement with Engineer Bermudez. The decision before the Council would be to either deny the application, or instruct the City Attorney to draft the appropriate ordinance closing the alleyway and present it for first reading at the January 15, 2008 meeting. Should you have any questions please do not hesitate to contact me. Thank you. ??Y- /0 - Pf 1/10 W1•Ri/I•R. T{7VG t1o/N Y pvbk C- $No of FINN& VWmww! iW MW �TOWWOWMNMWAM pa'je z November 21, 2007 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Job No.: 2007-237 Subject: Application for Alley Closing Project: Casa Bella Dear Reviewer On behalf of our client, please accept the attached submittal for the Alley Closing regarding the above noted development. Materials required per the application instructions are enclosed as well as the application fee in the amount of $25.00. Please contact our office as to the sufficiency of this application at your earliest convenience. Please do not hesitate to contact me should you have any questions or require additional information. Thank you, Marci S. Weseman Administrative Assistant Rudd Jones, P.E. and Associates, P.A cc: Randy Simler File Z�ONW Park SYrn� - Scat�70/ - C� f� 317om SW3467-076 • Iw S61- 7-aV 86.3 Y�7 c�aY/ reparod By_ r r CITIZENS TITLE ONLINE INC 10215 W SAN IDLE ROAD SUrM 206 CORAL. SPRINGS, FL 33065 PERSONAL REPRESENTIVE DEED File No- 9207M This Indenture made this If day ofOCTOBER AD. 2007 between I NYSOLA GRANT AS PERSONAL OF' THE ESTATE O� MELTON GEORGE GRANT as Grantor', whose address isr 14432 WELLINGTON TRACE WELIANGTON, FL33414 12 and FOSLER, LLC i as Grantee*, whose address is_728 SANDPIPER WAY NORTH NORTH PALM BEACf0 FL 33408 WITNESSETK That said Grantor, for and in consideration of the sum of TEN A�D 001100-S ($10.00) Dollars and other good and valuable considerations to said granW in hand paid b said grantee, the receipt whereof is hereby acknowledged, has granted. bargained and sold to the granted and grmrtee's heirs and assigns forever the following desvrbed land located in the County ofOKEECH4BEE State of Florida, to -wit ; LOTS 1 THROUGH 10, INCLUSIVE AND LOTS 17 THROUGH 26 INCLUS" BLOCK 28, CITY OF OKEECHOBEE. ,, ACCORDING TO THE PLAT OR MAP THEREOF ICRIBED IN PLAT BOOK 5, AT PAGE(S) 5, OF THE PUBLIC RECORDS OF OKEEMO EE COUNTY, FLORfDA_ Property Tax 10 Number.3-15-37-35-0010-00280-0010, R3-15-37-35-0010-0028 -0100 3-15-37-35-0010-60280-0170 and 3-15-37-31-0010-00280-0180 SUBJECT TO easements, restrictions and reservations of record, if any but this shaft not reimpose same and taxes for 2007 and subsequent years_ Said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims ofall persons whomsoever. *Singular and plural are interchangeable as context requires. IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first - above written, (wr>NFss 1)t ,LA A 1 �> GN NEE "c Lf1— NYSOLA GRANT, SIAND PRINT NAME Q n I^Q WE 'I OF THE STATE OF M LTON Q®ORQE GRANT 1 (W" NEss 2) SIGN AND PRINT NAME State ofF dCRMA D County of iOt t^- The foregoing instnunent was acknowledged before mean this f 411 day of Qc..d_r- „ 2007 b NYSOLA GRANT is personally known to me or who has produced ��- as identification and did take any oath. My Commissions Expires: A 1« B, MdJlichaet- • � a EVk" palj le 3 L"x ID- � 1/16 nov UU U ♦ Page 2 pa- - t/ ,j e a7 C? u s-6 j, r e � L'�a- —f /'rs►q�� Authorized Signature Typed Name & Tide Phone Ho_ Date Signature Typed Name 3 Title Prone No_ Date Re iced Only For City of Okeechobee & First Addition to City of Okeechobee Subdivisions: T/{L .q//< <✓ o/ocK dire— PJEr B'G�-7t331rl. Au horined Signature Typed Name & iitie Prone No. Date lac ID-Pg 5/io Voice I Data I Internet I Wireless I Entertainment November 20, 2007 Rudd Jones, P.E. & Associates, P.A. 210 NW Park Street, Suite 204 Okeechobee, FL 34972 ��a9e5 EMBARG7 Embarq Corporation Mailstop: FLAPKA 0305 P.O. Box 165000 Altamonte Springs, FL 32716- 5000 EMBARQ.com RE: No Object for the Vacation of East/West Alley between NW 10th and 11t' Streest West of NW 5th Ave., Okeechobee County, FL To Whom It May Concern: With reference to the request for a vacation of the alley described above, we do not object to the vacation. If you have any questions, you can reach me at the number shown below. Since ply, Ginny B ing RPaI potato- ManaaPr TT OKEECHOBEE UTILITY AUTHORITY 100 S.W. 5th Avenue Okeechobee, Florida 34974-4221 (863) 763-9460 FAX: (863) 763-9036 November 20, 2007 Foster, LLC c/o Rudd Jones, P.E. & Associates, P.A. Attn: Steve Dobbs 210 NW Park Street Suite #204 Okeechobee, FL 34974 Re: Abandonment of Alley, Block 28, North Okeechobee Dear Mr. Dobbs: The Okeechobee utility Authority, (OUA) has reviewed the drawings of the alleyway to be considered for abandonment. OUA has field -verified that it does not have water or sewer lines in the alleyway between Lots 1-10 and Lots17-26 of Block 28, North Okeechobee. OUA does not object to the abandonment of this alleyway. Please let me know should you need any additional information. Sincerely, John F. Ha , P.E. Executive Director Okeechobee Utility Authority • & l0- 98/1) 3 'PUBLIC 1NQRKS DE*%#R971AENT CIT f ENG1Nikk Donnie POLICE DEPART 10# .. Works of Police LANE GAMIOTEA, CMC, CITY CLERK fee a. ad -Led Date Oscar Bermudez, City Engineer Date Date Memorandum From: Alley — Closing St. Date: Re: Lane Gamiotea, City Clerk Oscar Bermudez, Engineer From NW 5a' Ave to DOT property, Between NW 10' St and NW 11' November 27, 2007 Application from Fosler, , LLC. 728 Sandpiper Way N., N The Engineering Department has visited the site and found that future drainage problems may be generated near the requested abandon subject City of Okeechobee Alley. We are aware of the critical drainage problems on City of Okeechobee City, and for that reason the Engineering Office will recommend not approving the request for the Alley Closing until future Master Drainage Plans for the City of Okeechobee are finalize and we can determine drainage flow paths. It is the Engineering Department's opinion that the City of Okeechobee Council shall be very cautious before approving abandoning any Alleys. �K 10- Pg q%D d i Eoo-pq 161,C) i�1�179Y11 9u0m93R1i 1.nvwrmraw:ami ti0�ommwo amwmm:sus �.` 15'i It♦ I: ■:1 ■ III � � W1111101111111111 ve:gym aom�i 11111 1 iMiHiriiVI[ 1pb]ViI0%W.iVAVOz., VA1:IFlI If, aII Wil �o mo mo W. ►n ' ow: A . owe ONO . �omo mo moo_ moo■ mom■. ma mo, mom' mo mo Sao -gym mm mm Ill lip. 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