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2007-11-06CITY OF OKEECHOBEE NOVEMBER 6, 2007 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: November 6, 2007 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Pastor Jim Dawson, First United Methodist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the month of November 2007 as the 75th Anniversary of the Rotarians Four -Way Test of Ethics." PAGE 1OF12 Mayor Kirk called the November 6, 2007 Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Pastor Jim Dawson of the First United Methodist Church; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Absent Absent (Assistant Fire Chief Douglas was present in his absence). Present Mayor Kirk proclaimed the month of November 2007 as 75"' Anniversary of the Rotarians Four -Way Test of Ethics" and read the proclamation in its entirety as follows: "WHEREAS, the world's first service organization, Rotary International, has a long history of helping those in need and uniting people of different cultures and beliefs; and WHEREAS, the Rotary motto, "Service Above Self' is the foundation of its work to make the world a better place; and WHEREAS, Rotarians work to eradicate polio, provide potable water and address the problems of literacy worldwide; and WHEREAS, in 1932, Rotarian Herbert J. Taylor created The Four -Way Test, a code of ethics adopted by Rotary 11 years later. The test, which has been translated into more than 100 languages; and 15 16 NOVEMBER 6, 2007 - REGULAR MEETING - PAGE 2 OF 12 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. A. Proclaim the month of November 2007 as the `V' Anniversary of WHEREAS, Rotary members are guided in all they do by the Four -Way Test of the things we think, say or do, which the Rotarians Four -Way Test of Ethics" continued. has become the principal model for business ethics for scores of companies over the past 75 years, and WHEREAS, the principals of the Four -Way Test are: 1. Is it the TRUTH? 2. Is it FAIR to all concerned? 3. Will it build GOODWILL and better friendships? 4. Will it be BENEFICIAL to all concerned? WHEREAS, the Okeechobee Rotary Club, along with more than 1.2 million Rotarians worldwide belonging to more than 31,000 Rotary Clubs located in 166 countries, gather as business and professional leaders to provide humanitarian service to encourage high ethical standards in all vocations and to help goodwill and peace in the world. NOW THEREFORE, 1, James E Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of November2007 as the "75th Anniversary of the Rotarians Four -Way Test of Ethics." I call upon the people of Okeechobee to recognize the significant accomplishments of the Okeechobee Rotary Club and of Rotary International." President Terry Burroughs, President-elect Maureen Budjinski, Treasurer Kristy Crawford and foundation chair Michael Costopoulos, were present to receive the proclamation. Mr. Burroughs thanked the Council for their support and distributed to each a Four -Way Test plaque. B. Proclaim November 16 - 22, 2006 as "Farm City Week." Mayor Kirk read the following Proclamation in its entirety as follows: "WHEREAS, American farmers and ranchers literally help feed the world by producing a bounty of agricultural products. To do this, they rely on essential partnerships with urban and suburban communities to supply, sell and deliver finished products across the country and around the globe. Rural and urban communities working together have made the most of our nation's rich agricultural resources as they contribute to the health and well being of our country and to the strength of our economy, and WHEREAS, during National Farm City Week, we recognize the importance of this cooperative network. Agriculture employs more than 24 million workers, including farmers and ranchers, shippers, processors, marketers, retailers, truck drivers, inspectors and others who annually contribute more than $1.2 trillion to our gross domestic product. The agriculture industry provides us with food and clothing, as well as fuel for our energy needs. And as we welcome new opportunities for trade, the hard work and successful cooperation between farmers and city workers will continue to playa vital role in ournation's future; and WHEREAS, Farm City collaborations help maintain and improve our food and fiber supply and contribute to a better quality of life for countless citizens. We commend the many Americans whose hard work and ingenuity reflect the true spirit of America and help to ensure a prosperous future for all, and WHEREAS, as we gather with family and friends around the Thanksgiving table, it is fitting that we count among our blessings the vital Farm City partnerships that have done so much to improve the quality of our lives, and NOW, THEREFORE, I, James E. Kirk, Mayor of the City of Okeechobee, do hereby proclaim the period of November 18 - 24, 2007 as "Farm City Week", and I do further call upon all citizens in rural and urban areas to acknowledge and celebrate the achievements of all those who, working together, produce and supply our community and nation with an abundance of agricultural products." Mr. Trey Whitehurst, of Farm Bureau, thanked the Council for their support and distributed bags of produce to each Council Member. NOVEMBER 6, 2007 - REGULAR MEETING - PAGE 3 OF 12 17 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the October 16, 2007 Regular Meeting. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1. a) Motion to read by title only proposed Ordinance No. 1000, Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-012=SSA, submitted by Okeechobee SR70 Holdings, LLC - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1000 by title only A. 2. a) Motion to adopt Ordinance No. 1000. Council Member C. Williams moved to to dispense with the reading and approve the Summary of Council Action for the October 16, 2007 Regular Meeting; seconded by Council Member L. Williams. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? There were none. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:14 P.M. Council Member Watford moved read by title only proposed Ordinance No. 1000, Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-012-SSA, submitted by Okeechobee SR70 Holdings, LLC ; seconded by Council Member L. Williams. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1000 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDINGTHECITYOFOKEECHOBEECOMPREHENSIVEPLAN, ORDINANCENO, 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLYDESCRIBEDHEREINFROMSINGLE-FAMIL YTO COMMERCIAL; PROV►DINGFORINCLUSION OFORDINANCEANDREVISEDFUTURELANDUSEMAPINTHECOMPREHENSIVEPLAN, PROVIDINGFORAN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 1000; seconded by Council Member C. Williams. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. 18 NOVEMBER 6, 2007 - REGULAR MEETING - PAGE 4 OF 12 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion. This ordinance pertains to Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07- 012-SSA submitted by Kelly Kite, Jr., on behalf of the property owner(s), Okeechobee SR70 Holdings, LLC for property located at 1108 East North Park Street (State Road 70). The request is to change the land use designation from SF to C on 6.27 acre(s) of unplatted land. Rezoning Petition No. 07-011-13 is in connection with this land use change. The Planning Board reviewed the application at their October 18, 2007 meeting and voted unanimously that the application was consistent with the Comprehensive Plan. They are recommending the City Council approve the application. Mr. Brisson, City Planning Consultant, briefly reviewed the Planning Staff Report: given the property's proximity to SR 70; ability to be compatible with the surrounding land use designations; to the North is Commercial, to the East is Commercial and Single Family, to the South and West are Single Family; the zoning to the North is CHV, to the East is CHV and RMF and to the South and West are RMF; the existing land uses to the North and South are vacant, to the East is an equipment repair operation and four single-family residences, to the West is the United States Post Office; assessment of the availability of public services and facilities; and capability of ensuring compatibility with surrounding uses. Staff believes the requested amendment to designate the subject property Commercial on the FLUM is consistent with the City's Comprehensive Plan and is recommending approval. Mr. Brisson remarked that the traffic impact study is over capacity for State Road 70 and suspects that the Department of Community Affairs will be enforcing a ceiling of development in the future. This will be an area of concern that will need to be addressed for any further future developments since there are no plans by the Florida Department of Transportation to widen State Road 70. Mayor Kirk asked whether there were any questions or concerns from the public? Mr. Kelly Kite, Jr. and Mr. James Vitter, Project Engineer, of Kimley-Horn and Associates, addressed the Council briefly to explain some areas of concern highlighted at the Planning Board meeting. The proposed plans are to have a dry retention area with a fence for security towards the South end of the parcel. In regards to buffering, letters have been sent to the adjacent property owners informing them of the plans of a concrete masonry wall and suitable landscaping. In an effort to keep the traffic impact along Southeast 13' Avenue to a minimum, they are coordinating with the Post Office to obtain an easement across the South -end of their property in order to have vehicles exit the parking lot by driving across the easement to Southeast 10`h Avenue where there is an existing signalized intersection. Improvements will also need to be made to the Southeast 1Y' Avenue intersection. A mutual access point from East North Park Street with the Post Office is being worked out as well. NOVEMBER 6, 2007 - REGULAR MEETING - PAGE 5 OF 12 19 1 VI1. PUBLIC HEARING CONTINUED. A. 2. b) Public comments and discussion continued. c) Vote on motion. CLOSE PUBLIC HEARING. Vill. NEW BUSINESS. A.1. a) Motion to read by title only, and set December 4, 2007 as a final public hearing date for 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 6.7 unplatted acres - City Planning Consultant (Exhibit 2). Mr. Vitter added that the post office has agreed to the easement across the South -end of the property in theory, the official paperwork has been sent to the Atlanta office for final and official approval. Council Members Watford and L. Williams disclosed for the record that they had discussed this matter with the applicant, developer and some of the residents. Council Member Watford remarked that he is glad to see some development on the East side which will raise property value considerably. He cautioned the Technical Review Committee to protect the residences. Council Member Markham agreed with Council Member Watford's comments. Mayor Kirk stated, "this is a good fit." Public comments received at the October 18, 2007 Planning Board meeting were: Mr. John Wayne Burnett, residing at 177 Southeast 13" Avenue, requested a block wall for security, that the outdoor lighting for the commercial area not shine towards his property, and noted traffic is already an issue in the area. Ms. Kim Burnett, of 177 Southeast 13" Avenue, noted her concern to change the area with a large commercial development would effect the children's play area who live in the neighborhood. "For the record, she is not happy and this is unacceptable to her." VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:33 P.M. Council Member Watford moved to read by title only, and set December 4, 2007 as a final public hearing date for 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 6.7 unplatted acres located at 1108 North Park Street, East; seconded by Council Member L. Williams. 20 NOVEMBER 6, 2007 - REGULAR MEETING - PAGE 6 OF 12 VIII. NEW BUSINESS CONTINUED. A.1. b) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 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, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No 1001. b) Discussion. c) Vote on motion. Council Member Markham moved to approve the first reading of proposed Ordinance No. 1001; seconded by Council Member C. Williams. This ordinance changes the zoning district from RMF to CHV for approximately 6.27 acre(s) of unplatted property, located at 1108 North Park Street, East. There were 52 notices sent to the surrounding property owners with two responses, John and Kim Burnett of 177 Southeast Avenue, as referenced in connection with the future land use change application No. 07-012-SSA. 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 approvethe 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 briefly reviewed the petition. It meets all rezoning criteria and Planning Staff is recommending approval. Council Member Watford asked whether a zoning stipulation could be added since there is such a traffic impact? Mr. Brisson replied that should the project be different, than what is proposed in the traffic analysis, they would have to resubmit a new traffic analysis. Attorney Cook added the rezoning will not be "reconsidered," but a new traffic analysis will have to be presented for any thing other than what is being presented now. KIRK - YEA C. WILLIAMS - YEA MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. NOVEMBER 6, 2007 - REGULAR MEETING - PAGE 7 OF 12 21 VIII. NEW BUSINESS CONTINUED. B.1. a) Motion to read by title only, and set December 4, 2007 a final public Council Member Watford moved to read by title only, and set December 4, 2007 a final public hearing date for hearing date for proposed Ordinance No. 1002 regarding Rezoning proposed Ordinance No. 1002 regarding Rezoning Petition No. 07-013-R, submitted by Joe Rasco on behalf of 15" Petition No. 07-013-R, submitted by Joe Rasco on behalf of 15' Street Homes LLC to change the zoning designation from RSF-1 and H to PUD-R on 50.478 unplatted acres; Street Homes LLC to change the zoning designation from RSF-1 seconded by Council Member L. Williams. and H to PUD-R on 50.478 unplatted acres - City Planning Consultant (Exhibit 3). B.1. b) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 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 FAMIL Y-ONE (RSF-1) AND HOLDING (H) ZONING DISTRICT TO PLANNED UNITDEVEL OPMENT RESIDENTIAL (PUD-R) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 1002; seconded by Council 1002. Member L. Williams. b) Discussion. III Mr. Brisson reviewed the proposed Lakehouse property. There will be 136 dwelling units on varied lot sizes, generally over 50 acres. The project guarantees the eagles nest and surrounding open space will be dedicated as perpetuity. The north parcel is not incorporated with this project. There was a concern from the Fire Chief with the use of the ladder truck on roadways. This will be addressed in the final stages of the project. Since the project does meet all requirements, the Planning Board and Planning Staff are recommending approval. Mayor Kirk noted that he will be absent for the final reading of this ordinance, but he is in favor of the project. It will be an asset and a good fit the area. A previous land use change for this property was denied, mainly due to density. He thanked the owners for going back and readdressing the project with less density. Council Member Markham asked for clarification, the entrance and exit roads, three on the South side and one on the North side? Mr. Sumner answered, that was correct. 22 NOVEMBER 6, 2007 - REGULAR MEETING - PAGE 8 OF 12 VIII. NEW BUSINESS CONTINUED. B. 2. b) Discussion continued. c) Vote on motion. C.1. a) Motion to read by title only, and set December 4, 2007 as a final public hearing date for proposed Ordinance No. 1003 regarding Rezoning Petition No. 07-014-R, submitted by Building Blocks Day Care Center to change the zoning designation from CLT to CPO on Lots 7 and the North half of 8 of Block 40 and Lots 11 -12 of Block 35, First Addition to South Okeechobee - City Planning Consultant (Exhibit 4). b) Vote on motion. Also, Council Member Markham asked whether the final project will be presented showing the changes such as the roads to accommodate the ladder truck? Mr. Sumner replied, No, unless there are substantial changes, in which they are not anticipating. Council Member C. Williams asked whether the roads will be dedicated to the City? Attorney John Cassels, answered the primary roads will be dedicated to the City, but the alley roads where the homes have their access will be under the homeowners association. He also stated that this project is "what you see is what you get." Mr. Jose Rasco, addressed the Council, stating we believe strongly in Okeechobee and we did not want to give up on the project so we went back to the drawing board, and have presented a project that is compatible. Mr. Haynes Williams, spoke on behalf of the applicant, to reassure the Council that they have been a part of Okeechobee for many years and they will follow through with this project. Council Member C. Williams, noted for the record, that the property owner is one of his active insurance clients Attorney Cook stated that he could still vote, he did not see it as a conflict of interest. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to read by title only, and set December 4, 2007 as a final public hearing date for proposed Ordinance No. 1003 regarding Rezoning Petition No. 07-014-R, submitted by Building Blocks Day Care Center to change the zoning 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 Addition to South Okeechobee; seconded by Council Member C. Williams. KIRK - YEA C. WILLIAMS - YEA MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. NOVEMBER 6, 2007 - REGULAR MEETING - PAGE 9 OF 12 23 Vill. NEW BUSINESS CONTINUED. C.1. 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 approve the first reading of proposed Ordinance No. Council Member Markham moved to approve the first reading of proposed Ordinance No. 1003; seconded by Council 1003. 11 Member C. Williams. C. 2. b) Discussion. Mr. Brisson explained that this is to correct the zoning to allow for the permitted use of the existing day care. The III applicant already has a Special Exception. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. D. Motion to adopt proposed Resolution No. 07-11 regarding the Council Member Watford moved to adopt proposed Resolution No. 07-11 regarding the Police Department Computer Police Department Computer Software Lease Agreement - City Software Lease Agreement; seconded by Council Member Markham. Administrator (Exhibit 5). Attorney Cook read Resolution No. 07-11 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A LEASE -PURCHASE AGREEMENT BETWEEN THE CITY OF OKEECHOBEE AND GOVERNMENT CAPI TAL CORPORATION FOR THE PURPOSE OF THE PROCURING OF THE "LAW ENFORCEMENT SYSTEM" PROVIDING FOR AN EFFECTIVE DATE." Administrator Whitehall remarked this is a matter of formality. The Council approved the Software Computer Program bid to Spillman Technologies, Inc. at the September 19, 2007 meeting. The amount of one hundred ninety-four thousand, eight hundred thirty-eight dollars ($194,838.00) will be amortized over five years. The schedule is as follows: January 15, 2008, total payment of forty-four thousand, three hundred eighty-five and sixty cents ($44,385.60); January 15, 2009, total payment of forty-four thousand, three hundred eighty five and sixty cents ($44, 385.60); January 15, 2010, total payment of forty-four thousand, three hundred eighty-five and sixty cents ($44,385.60); January 15, 2011, total payment of forty-four thousand, three hundred eighty-five and sixty cents ($44,385.60); and January 15, 2012 total payment of forty-four thousand, three hundred eighty-five and sixty cents ($44,385.60). 24 NOVEMBER 6, 2007 - REGULAR MEETING - PAGE 10 OF 12 VIII. NEW BUSINESS CONTINUED. D. Motion to adopt proposed Resolution No. 07-11 regarding the Attorney Cook added this agreement is subject to an annual appropriation by City Council. Police Department Computer Software Lease Agreement continued. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. E. Consider a motion to waive the formal bidding procedures and Council Member Watford moved to waive the formal bidding procedures and award a sole -source bid to Global award a sole -source bid to Global Mapping, Inc. in the amount of Mapping, Inc. in the amount of $8,300.00 for the annual mapping service; seconded by Council Member Markham. $8,300.00 for the annual mapping services -City Clerk (Exhibit 6). A memorandum was presented to Council by City Clerk Gamiotea as follows: According to Code Book Section 2-288. Department Heads may recommend the purchase of a specific brand should they feel through experience or analysis, that only that brand will serve the best interest of the City. Factors which might warrant sore -source purchasing could involve compatibility with existing equipment, maintaining operational standards, or lesser service requirements which reduce down -time and maintenance costs. When making such recommendations, the department head shall submit written justification and recommendation to the City Council for approval. Several years ago the City teamed up with the Property Appraiser's Office to keep the City's maps updated. The Property Appraiser's Office hired Mr. Steve Williams, owner of Global Mapping as a mapping consultant, to update the maps. The Property Appraiser's Office would be billed for the mapping services, submit the bill to the City for payment, in which then we would submit payment to the Property Appraiser's Office, and then they would pay Mr. Williams. In an effort to cut down on the amount of paper work, the City began accepting the invoices directly from Mr. Williams. Since there is no other mapping consultant conducting this type of work for the Property Appraiser's Office, it is recommended that this be considered a sole -source purchase based on maintaining operational standards and serves as the best working relationship with Property Appraiser's Office as we continue to share the same updated information. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. F. Motion to approve proposed Legislative Project Grant Agreement Council Member Watford moved to accept the State of Florida Department of Environmental Protection Grant LP 6847 for the Commerce Center Water Retention Installation - Agreement No. LP6847 in the amount of one hundred fifty thousand dollars ($150,000.00), for the Commerce Center 11 City Administrator (Exhibit 7). Water Retention Installation (Lake No. 2); seconded by Council Member Markham. NOVEMBER 6, 2007 - REGULAR MEETING - PAGE 11 OF 12 25 Vill. NEW BUSINESS CONTINUED. F. Motion to approve proposed Legislative Project Grant Agreement LP 6847 for the Commerce Center Water Retention Installation continued. G. Motion to award a financing bid for the 2008 Police Cars - City Administrator (Exhibit 8). H. Motion to award a dealership bid for the 2008 Police Cars - City Administrator (Exhibit 9). Administrator Whitehall updated the Council on the water retention projects at the Commerce Center. The City is continuing to comply with wetland retention compliance issues and provide for water filtration and clean-up prior to entry into State waters. In order to add new business prospects and create jobs while protecting the waters of Taylor Creek and Lake Okeechobee, the City is providing wetland retention on the North side of the Commerce Center by: completing construction of Lake No. One as part of the SFWMD Storm Water Master Drainage Permit for the Commerce Center and starting on Lakes Two and Three. The site survey and construction drawing of the lake to be completed by the City's Engineering Office; the City will be doing this project in-house utilizing City personnel and equipment. Mr. Leland Dyals will be the project surveyor. The following is the funding plan for the project: • Professional Services, four thousand five hundred dollars ($4,500.00) • Administration and Bid Documents, five thousand six hundred dollars ($5,600.00) • Lake Excavation, Berm and Sod, one hundred two thousand, seven hundred dollars ($102,700.00) • Equipment - City's, three thousand six hundred dollars ($3,600.00) • Control Structures, twenty-five thousand dollars ($25,000.00) • Other-City's Labor, eight thousand six hundred dollars ($8,600.00). VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to award the 2008 Police Cars Financing Bid to Popular Leasing USA in the amount of twenty thousand dollars ($20,000.00) per car; seconded by Council Member L. Williams. Administrator Whitehall informed that this is for 24 cars and the leasing company is the same company that has been used by the City for several years with the interest rate being 4.85 percent. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to award the 2008 Police Cars Bid to the Florida Sheriffs Association Government; seconded by Council Member C. Williams. 26 NOVEMBER 6, 2007 - REGULAR MEETING - PAGE 12 OF 12 VIII. NEW BUSINESS CONTINUED. H. Motion to award a dealership bid for the 2008 Police Cars continued. Motion to change Frank Irby's status on the OUA Board from Alternate to Regular Member - City Administrator. IX. ADJOURN MEETING - Mayor. Original base bid was nineteen thousand, eight hundred forty-six dollars ($19,846.00), some options were added such as: ignition power trunk button, sixty dollars ($60.00); and full wheel covers, forty-five dollars ($45.00), bringing the bid amount to nineteen thousand nine hundred one dollars ($19,951.00). VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member C. Williams moved to change Frank Irby's status on the OUA Board from Alternate to Regular Member; seconded by Council Member Markham. The Council extended their thanks and appreciation to Mr. Irby for his willingness to serve on the Board. The alternate position will be advertised to the public and brought back to the Council for appointment. Clerk Gamiotea stated that a Certificate of Appreciation will be sent to Mr. George Long for his service on the Board. KIRK - YEA C. WILLIAMS - YEA MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 7:18 P.M. The next regularly scheduled meeting is December 4, 2007, 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 tamiotea� CMC, City Clerk owing R. Warford, J ., ayo ro-Tempore Staff Report Rezoning Request Applicant: Okeechobee SR70 Holdings, LLC Petition No.: 07-011-R 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 10a' 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 1P 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. 10. 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 15T LPA Hearing: 9-20-07 (postponed) 1" LPA Hearing: 10-18-07 Maps or Diagrams — FLUM and Property Appraiser Map 7 CITY OF OKEECHOBEE - NOV E BER 6, HANDWRITTEN MINUTES BY 2007 -REGULAR CITY COUNCIL MEETING I. CALL TO ORDER - Mayor: November 6, 2007 City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation Pastor Jim Dawson, First United Methodist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk PRESENT ABSENT✓ 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 V City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith t/ Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS. A. Proclaim the month of November 2007 as the 75th Anniversary of the Rotarians Four -Way Test of Ethics." Vp a "WHEREAS, the wor/d's first service organization, Rotary International, has a long history of helping those in need and uniting people of different cultures and beliefs; and WHEREAS, the Rotary motto, "Service Above Self is the foundation of its work to make the world a better place; and WHEREAS, Rotarians work to eradicate polio, provide potable water and address the problems of literacy worldwide; and WHEREAS, in 1932, Rotarian Herbert J. Taylor created The Four -Way Test, a code of ethics adopted by Rotary 11 years later. The test, which has been translated into more than 100 languages; and WHEREAS, Rotary members are guided in all they do by the Four -Way Test of the things we think, say or do, which has become the principal model for business ethics for scores of companies over the past 75 years, and WHEREAS, the principals of the Four -Way Test are: 1. Is it the TRUTH? 2. Is it FAIR to all concerned? 3. Will it build GOODWILL and better friendships? 4. Will it be BENEFICIAL to all concerned? WHEREAS, the Okeechobee Rotary Club, along with more than 1.2 million Rotarlans worldwide belonging to more than 3 1, 000 Rotary Clubs located in 166 countries, gatheras business and professional leaders to provide humanitarian service to encourage high ethical standards in all vocations and to help goodwill and peace in the world. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of November 2007 as the "75th Anniversary of the Rotarians Four -Way Test of Ethics. " 1 call upon the people of Okeechobee to recognize the significant accomplishments of the Okeechobee Rotary Club and of Rotary International." ��"a In Let CX5 B. Proclaim the week of November 16 - 22, 2007 as "Farm City Week" ebb lulla.c( "WHEREAS, American farmers and ranchers literally help feed the world by producing a bounty of agricultural products. To do this, they rely on essential partnerships with urban and suburban communities to supply, sell and deliver finished products across the country and around the globe. Rural and urban communities working together have made the most of our nation's rich agricultura stl resources as they contribute to the health and well being of our country and m the th economy, and WHEREAS, during National Farm City Week, we recognize the importance of th1 WE Ify Lot us ti (3 cooperative network. Agriculture employs more than 24 million workers, including farmers and ranchers, shippers, processors, marketers, retailers, truck drivers, inspectors and others who annually contribute more than $1.2 trillion to our gross domestic product. The agriculture industry provides us with food and clothing, as well as fuel for our energy needs. And as we welcome new opportunities for trade, the hard work and successful cooperation between farmers and city workers will continue to play a vital role in our nation's future, and WHEREAS, Farm City collaborations help maintain and improve our food and fiber supply and contribute to a better quality of life for countless citizens. We commend the many Americans whose hard work and ingenuity reflect the true spirit of America and help to ensure a prosperous future for all; and WHEREAS, as we gather with family and friends around the Thanksgiving table, it is fitting that we count among our blessings the vital Farm City partnerships that have done so much to improve the quality of our lives; and NOW, THEREFORE, I, James E. Kirk, Mayor OPWity of Okeechobee, do hereby proclaim the period of November 18 - 24, 2007 as "Farm City W , a d I do further call upon all citizens in rural and urban areas to acknowledge and celebratet eachievementsofallthosewho,workingtogether,produceandsupplyourcommunityand nation with an abundance of agricultural products." G ig h c17t�ee !x 0#10�a nzcoVTU`t &7- �' - vu �U cam. d4cC.ee�u V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the Octoberl6, 2007 Regular Meeting. MOTION' 2No:d U�------ VOTE: YEA NO ABSENT ABSTAINED KIRK V MARKHAM ✓ WATFORD V C. WILLIAMS V L. WILLIAMS V r�CAIED ENIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. 11(� VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. - q A. 1. a) Motion to read by title only proposed Ordinance No. 1000, Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-012-SSA, submitted by Okeechobee SR70 Holdings, LLC - City Planning Consultant Exhibit 1). MOTION: ) 2ND: %11 b) Vote on motion to read by title only. YEA NO ABSENT ABSTAINED KIRK MARKHAM L' WATFORD U C. WILLIAMS L. WILLIAMS ARRIED / ENIED. c) City Attorney to read proposed Ordinance No. 1000 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 SINGLE- FAMILY TO COMMERCIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." I 2. a) Motion to adopt Ordinance No.1000 ( Planning Board and Planning Staff are recommending approval) MOTION: 2ND• Oc_ b) Public comments and discussion. This ordinance pertains to Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-012-SSA submitted by Kelly Kite, Jr., on behalf of the property owner(s), Okeechobee SR70 Holdings, LLC for property located at 1108 State Road 70. The request is to change the land use designation from SF to C. The Planning Board reviewed the application at their October 18, 2007 meeting and voted unanimously that the application was consistent with the Comprehensive Plan. They are recommending the City Council approve the application. The Planning Staff Report concludes: given the property's proximity to SR 70; ability to be compatible with surrounding uses; to the North is Commercial, to the East is Commercial and Single Family, to the South and West are Single Family; the zoning to the North is CHV, to the East is CHV and RMF and the South and West are RMF; the existing land uses to the North and South are vacant, to the East is an equipment repair operation and four single-family residences, to the West is the United States Post Office; assessment of the availability of public services and facilities; and capability of ensuring compatibility with surrounding uses. Staff believes the requested amendment to designate the subject property Commercial on the FLUM is consistent with the City's Comprehensive Plan and is recommending approval. PJLU 6+ q) � LL (,tJ cQ l &5C( 4LL (Z r_1k0_.f rtS c ch,� U�c cC< S %C ik- Sf &C� LVU/k C/ C (a� �t tc COIL d a ' 43LOc.C�a�tS�-C--� /i� l' CSC c c.� t � .`> ��Q� � Ak Ge�40 CJU-L Z4�0 m pit"o c) Vote on motion. YEA NO ABSENT ABSTAINED �US4 6� KIRK MARKHAM V J__Q,. WALE WATFORD $ C. WILLIAMS v L. WILLIAMS ARRIED / ENIED. �1 Sam- .., ,� i CLOSE PUBLIC HEARING AT P.M. , 0 F• 1 5 Db A.0?, 6) (�C-- cy d) UP lUu- OZ6 o&a4j& c.4 010, Olc!-,puouxoJA,� c�d �ii ,s.e ,NyuVk,4 0, �A, a�5( VC tJ R CkJUJ/ a�JW nami,4 adAvzo q C�atL Who -SV4 9 YU P6 �71�- CE, sue' 0i h.�. P,�--oxqavu�, VIII. NEW BUSINESS. A. 1. a) Motion to read by title only and set December 4, 2007 as a final public hearing date for 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 6.7 unplatted acres - City Planning Consultant (Exhi MOTION: 2ND: b) Vote on motion. YEA NO ABSENT ABSTAINED KIRK t/ MARKHAM WATFORD ✓ C. WILLIAMS v L. WILLIAMS c/ CARRIED / ENIED. c) City Attorney to read proposed Ordinance No. 1001 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 PARTICULARL Y DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAM1L Y (RMF) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABIL/TY AND AN EFFECTIVE DATE.,, A. 2. a) Motion to approve the first reading of proposed Ordinance No. 1001. MOTION:_ MM 2Np: O.W b) Discussion. bw - (I co" u -( ra'd Q -<j I-P0 C Ate. f Aj \Jicm, a jv-z� fka,U-Clo- CMGL-b-�� w (r� IzLuakv-to c- c) Vote on motion. KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS YEA NO ABSENT i CARRI / DENIED. ABSTAINED l� OR B. 1. a) Motion to read by title only and set December 4, 2007 a final public hearing date for proposed Ordinance No. 1002 regarding Rezoning Petition No. 07-013-R, submitted by Joe Rasco on behalf of 151h Street Homes LLC to change the zoning designation from RSF-1 and H to PUD-R on 50.478 unplatted acres - City PlanninQ, Cons ant (Exhibit 3). MOTION: 2ND:�L�� b) Vote on motion. YEA NO ABSENT ABSTAINED KIRK v MARKHAM WATFORD C. WILLIAMS v L. WILLIAMS (CARR�IE/ENIED. c) City Attorney to read proposed Ordinance No. 1002 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 PARTICULARL Y 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 approve the first read' f proposed Ordinance No. 1002. MOTION: M 2No:_ � b) Discussion. all ha, t U�At OCULC "CU, C-( q.( 90, ' klw J Lull CtA kc ct& (, /,-).L �c 1 low �t j u ,:tit C i�LU � c, u�� Lu7 c) Vote on motion. YEA NO ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS v v Cr CCARRIEO�6ENIED. ,a U L C le C. 1. a) Motion to read by title only and set December 4, 2007 as a final public hearing date for proposed Ordinance No. 1003 regarding Rezoning Petition No. 07-014-R, submitted by Building Blocks Day Care Center to change the zoning designation from CLT to CPO on Lots 7 and the North -half of 8 of Block 40 and Lots 11 -12 of Block 35, First Addition to South Okeechobee - City Planning Consultant (Exhibit 4). MOTION: D(k) 2ND: b) Vote on motion. YEA KIRK V MARKHAM WATFORD i/ C. WILLIAMS L WILLIAMS v NO ABSENT ABSTAINED C RRIED DENIED. c) City Attorney to read proposed Ordinance No. 1003 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 PARTICULARL Y DESCRIBED HEREIN, FROM LIGHT COMMERCIAL AT) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.,, 2. a) Motion to approve the first reading,,of proposed Ordinanc No,-1003. MOTION: 2No: b) Discussion. L l f UrLC : c) Vote on motion. YEA NO ABSENT KIRK V MARKHAM WATFORD C. WILLIAMS L. WILLIAMS CARRIER / ENIED. ABSTAINED D. Motion to adopt proposed Resolution No. 07-11 regarding the Police Department Computer Software Lease Agreement - City Administrator (Exhibit 5). MOTION: i, ()_ 2ND: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A LEASE -PURCHASE AGREEMENT BETWEEN THE CITY OF OKEECHOBEE AND GOVERNMENT CAPITAL CORPORATION FOR THE PURPOSE OF THE PROCURING OF THE "LAW ENFORCEMENT SYSTEM" PROVIDING FOR AN EFFECTIVE DATE." VOTE: YEA NO ABSENT ABSTAINED KIRK MARKHAM v WATFORD ✓ C. WILLIAMS `I/ L. WILLIAMS ✓ - (CARRIED ENIED. E. Consider a motion to waive the formal bidding procedures and award a sole -source bid to Global Mapping, Inc. in the amount of $8,30 .00 for the annual mapping services - City Clerk (Exhibit 6). MOTION: 2ND: VOTE: YEA NO ABSENT ABSTAINED KIRK v MARKHAM WATFORD (/ C. WILLIAMS v —� L. WILLIAMS c/ CARRIED / DENIED. F. Motion to appi:eve proposer! I Pgisla��Grant Agreemen fLP 6847)or the Commerce Center Water Retention Installation - City Administrator (Exhibit 7 . MOTION: 2ND: .JCS-V-kA� �fQ q pu� U(- VOTE: YEA NO ABSENT ABSTAINED KIRK MARKHAM v WATFORD Ci C. WILLIAMS L. WILLIAMS nCARRIEDDENIED. G. Motion to award a financing bid for the 2008 Police Cars - City Agministrator (Exhibit 8). MOTION:—jDa) 2No:L�—_ The only bid received was b Po ular Leasin USA in the amount of $20,000 per car. There were no bids received by Seacoast National Bank, Nations Bank Leasing Corporation, Sun Trust Leasing Corporation. r q . 95 �6 L�4aL� /it VOTE: KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS h J C'v 1') 0 (J'n"r966v C� YEA NO ABSENT ABSTAINED CC RRIIE / DENIED. H. Motion to award a dealership bid for he 2008 Police Cars - City Administrator (Exhibit 9). uk MOTION: 2ND: Sunrise Ford submitted a bid in the amount of $22,408.95 per car. There were no bids received by Velde Ford, Okeechobee Motor Co., and Sebring Ford. 4'/g,Sy&m ask The comparable rate to the Florida Sheriffs Association Government rate is $19,951.00 per car. w7 opt t evja 0-ol o ew- � P�4 cam- S� ov VOTE: YEA NO ABSENT ABSTAINED KIRK MARKHAM t� WATFORD t/ C. WILLIAMS c� L. WILLIAMS CARRIED / ENIED. I. Motion to change rank Irby's status on the OUA Board from Alternate to Regular Member - City Administrator. MOTION: 2ND:� ref L(9� �vt w�c4 CkJ �ftEctfz ou VOTE: YEA NO ABSENT ABSTAINED KIRK MARKHAM WATFORD ✓ C. WILLIAMS L. WILLIAMS ARRIED ENIED. IX. ADJOURN MEETING. _ P.M. 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. Q CITY OF OKEECHOBEE - NO VEM ER 6, 2007 �EGULAR CI COUNCIL MEETING HANDWRITTEN MINUTES BY X ' , ' I. CALL TO ORDER - Mayor: November 6, 2007 City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation Pastor Jim Dawson, First United Methodist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, 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 Donnie Robertson IV PROCLAMATIONS AND PRESENTATIONS. A. Proclaim the onth of,November 2007 as the 75t"nniversary of the Rotarians Four -Way Test of Ethics. k WHEREAS, the world's first service organization, Rotary International, has a long history of helping those in need and uniting people of different cultures and beliefs; and WHEREAS, the Rotary motto, "Service Above Self is the foundation of its work to make the world a better place, and WHEREAS, Rotarians work to eradicate polio, provide potable water and address the problems of literacy worldwide; and WHEREAS, in 1932, Rotarian Herbert J. Taylor created The Four -Way Test, a code of ethics adopted by Rotary 11 years later. The test, which has been translated into more than 100 languages; and WHEREAS, Rotary members are guided in all they do by the Four- Way Test of the things we think, say or do, which has become the principal model for business ethics for scores of companies over the past 75 years; and WHEREAS, the a principals of the Four -Way Test are: 1. !sit the TRUTH? 2. Is it FAIR to all concerned? 3. Will it build GOODWILL and better friendships? 4. Will it be BENEFICIAL to all concerned? WHEREAS, the Okeechobee Rotary41 Club, along with more than 1.2 million Rotarians worldwide belonging to more than 31,000 Rotary Clubs located in 166 countries, t gatheras business and professional leaders to provide humanitarian service to encourage high ethical standards in all vocations and to help goodwill and peace in the world. NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of November 2007 as the 75th Anniversary of the Rotarians Four -Way Test of Ethics." 1 call upon the people of Okeechobee to recognize the significant accomplishments of the Okeechobee Rotary Club and of Rotary International." _a w / a. B. Proclaim the week of November 16 - 22, 2007 as "Farm City Week." "WHEREAS, American farmers and ranchers literally help feed the world by producing a bounty of agricultural products. To do this, they rely on essential partnerships with urban and suburban communities to supply, sell and deliver finished products across the country and around the globe. Rural and urban communities working together have made the most of our nation's rich agricultural resources as they contribute to the health and well being of our country and to the strength of our economy, and WHEREAS, during National Farm City Week, we recognize the importance of this cooperative network. Agriculture employs more than 24 million workers, including farmers and ranchers, shippers, processors, marketers, retailers, truck drivers, inspectors and others who annually contribute more than $1.2 trillion to our gross domestic product The agriculture industry provides us with food and clothing, as well as fuel for our energy needs. And as we welcome new opportunities for trade, the hard work and successful cooperation between farmers and city workers will continue to play a vital role in our nation's future, and WHEREAS, Farm City collaborations help maintain and improve our food and fiber supply and contribute to a better quality of life for countless citizens. We commend the many Americans whose hard work and ingenuity reflect the true spirit of America and help to ensure a prosperous future for all; and WHEREAS, as we gather with familyand friends around the Thanksgiving table, it is fitting that we countamong our blessings the vital Farm City partnerships that have done so much to improve the quality of our lives; and NOW, THEREFORE, 1, James E. Kirk, Mayor of the.City of Okeechobee, do hereby proclaim the period of November 18 - 24, 2007 as "Farm City Wee ', nd I do further call upon all citizens in rural and urban areas to acknowledge and celebrate t achievements of all those who, working together, produce and supply our communityand nation with an abundance of agricultural products. " V. MINUTES - City rk. 44 A. Motion to dispense with the reading and approve the Summary of Council Action for the Octoberl6, 2007 Regular Meeting. n MOTION: 1 ZND: -d/". VOTE: KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS Y A NO VI. AGENDA - Mayor. ABSENT ABSTAINED CARRIED DENIED. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. '6 A. 1. a) Motion to read by title only proposed Ordinance No. 1000, Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-012-SSA, submitted by Okeechobee SR70 Holdings, LLC - City Planning Consultant Ex i it 1). ' MOTION: b) Vote on motion to read by title only KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS YEA NO ABSENT ABSTAINED ARRIED DENIED. c) City Attorney to read proposed Ordinance No. 1000 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 SINGLE- FAMILY TO COMMERCIAL; 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.WaA (Planning Board and PI nin Staff re om end' g approval) MOTION/� .2ND: pp ) b) Public comments and discussion. This ordinance pertains to Comprehensive Plan Small Scale Future Land Use Map Amendment A licatio No. 07-012-SSA submitted by Kelly Kite, Jr., on behalf of the property owner(s), Okeechob pp n LLC for property located at 1108 State Road 70. The request is to change the land u ee SR70 Holdings, to C. use designation from SF The Planning Board reviewed the application at their October 18, 2007 meeting and v the application was consistent with the Comprehensive Plan. Theyied unanimously that are recommen approve the application.d ng the City Council i The Planning Staff Report concludes: given the property's proximity to SR 70; ability surrounding uses; to the North is Commercial, to the East is Commercial and Single Family, to the Soule with A; West are Single Family; the zoning to the North is CHV, to the East is CHV and RMF South and i West are RMF; the existing land uses to the North and South are vacant, to the East is an to the South and operation and four single-family residences, n equipment repair g Y to the West is the United States Post Office; assessment of the availability of public services and facilities; and capability of ensuring compatibility with surr believes the requested amendment to designate the subject property Commercial on oundinuses. Staff with the City's Comprehensive Plan and is recommending approval. the FLUM i s consistent - - a 6t 1 1; J OL7,/ ail c) Vote on motion. YEA KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS NO ABSENT ABSTAINED ARRI DENIED. CLOSE PUBLIC HEARING AT 3 P.M. 36•J." 00 U� VIII. NEW BUSINESS. A. 1. a) Motion to read by title only and set December 4, 2007 as a final public hearing date for 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 6.7 unplatted acres - City Planning Consultant (Exhib't 2 . MOTION: 2ND: b) Vote on motion. YEA NO ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS CAR�RIE)DDENIED. c) City Attorney to read proposed Ordinance No. 1001 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 PART/CULARL Y DESCRIBED HEREIN, FROM RESIDENT/AL MULTIPLE FAMIL Y (RMF) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERAB/L/TY AND AN EFFECTIVE DATE. " A. 2. a) Motion to approve the first read' c of pro osed Ordinanc No. 1001. MOTION: 2ND: b) Discussion 4 V X&V-1-111 c) Vote on motion. YEA KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS NO ABSENT ABSTAINED RR:DIED/ENIED. B. 1. a) Motion to read by title only and set December 4, 2007 a final public hearing date for proposed Ordinance No. 1002 regarding Rezoning Petition No. 07-013-R, submitted by Joe Ra of 1511 Street Homes LLC to change the zoning designation from RSF-1 and H to PUD R unplatted acres - City Planning C nsult (Ex ibit 3). on 0.478 MOTION: 2ND: b) Vote on motion. YEA NO ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS ARRIED / ENIED. c) City Attorney to read proposed Ordinance No. 1002 by title only. "AN ORDINANCE OF THE OFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEE CITY REZONING A CERTAIN TRACT OF LAND MORE PART/CULARL YDESCR/BED HEREIN BY RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) AND HOLDING (H) ZONING DISTRICT , FROM PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) ZONING DISTRICT• AME TD ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABIL/ AMENDING THE ` EFFECTIVE DATE " TY AND AN ' 2. a) Motion to approve the first read' n of ro ose Ordinan a 1002. 2' 2ND: j b) Discussion -A sf 1,14L 061 j. Old c) Vote on motion. YEA NO ABSENT KIRK ABSTAINED MARKHAM WATFORD C. WILLIAMS L. WILLIAMS r CARRI DENIED. I C. 1. a) Motion to read by title only and set December 4, 2007 as a final public hearing date for proposed Ordinance No. 1003 regarding Rezoning Petition No. 07-014-R, submitted by Building Blocks Day Care Center to change the zoning designation from CLT to CPO on Lots 7 and the North half of 8 of Block 40 and Lots 11-12 of Block 35, First Addition to South Okeechobee - City Planning Consultant (Exhibit 4). MOTION: 2ND: b) Vote on motion. YEA NO ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS C RRIED /__,.,DENIED. c) City Attorney to read proposed Ordinance No. 1003 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 PARTICULARL Y DESCRIBED HEREIN, FROM LIGHT COMMERCIAL AT) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. " 2. a) Motion to approve the first rea ' of ro osed Ordinance N�. 1003. MOTION: _2ND: / b) Discussion. C�-cJ C 7-(/Y co (74 &Q� c) Vote on motion. YEA NO ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS - L. WILLIAMS ARRIE /DENIED. D. Motion to adopt proposed Resolution No. 07-11 regarding the Police Department Computer Software Lease Agreement . City Administrato xhi it 5). MOTION: 2ND: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A LEASE -PURCHASE AGREEMENT BETWEEN THE CITY OF OKEECHOBEE AND GOVERNMENT CAPITAL CORPORATION FOR THE PURPOSE OF THE PROCURING OF THE "LAW ENFORCEMENT SYSTEM" PROVIDING FOR AN EFFECTIVE DATE." VOTE: KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS E YEA C/ NO ABSENT ABSTAINED CARRIED / DENIED. Consider a motion to waive the formal bidding procedures and award a sole -source bid to Global Mapping, Inc. in the amount of 8 300. 0 for the annual a pin s rvices - City Clerk (Exhibit 6). MOTION: 2ND: �. NJA - wit ;7k`� P 1-1-) VOTE: YEA NO ABSENT KIRK MARKHAM ?' WATFORD C. WILLIAMS L. WILLIAMS .. CORRI�11 � e�urn ABSTAINED ,t i F. Motion to approve proposed Legislative Project Grant Agreement LP 6847 for the Commerce Center Water Retention Installation - City Administrator (Exhibitj/7��). MOTION: 2ND-/�J, ��- da VOTE: YEA NO KIRK MARKHAM WATFORD C. WILLIAMS ABSENT ABSTAINED L. WILLIAMS CARRIE�D-PENIED. G. Motion to award a financing bid for the 200 Police Cars - Cit Ad inistrator (Exhibit 8). MOTION: 2ND: The only bid received was by Popular Leasing USA in the amount of $20,000 per car. There were no bids received by Seacoast National Bank, Nations Bank Leasing Corporation, Sun Trust Leasing Corporation. a� VOTE: KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS YEA NO ABSENT RRIED DENIED. ABSTAINED �1�.• S�� �}sso H. Motion to award a dealership bi for t 200 Police Cars - Cit ministrator (Exhibit 9). MOTION: 2ND: (fj Sunrise Ford submitted a bid in the amount of $22,408.95 per car. There were no bids received by Velde Ford, Okeechobee Motor Co., and Sebring Ford. The comparable rate to the Florida Sheriffs Associati n Government rate i 19,951.00 r car. 1 it� f j1✓ y'[�' " r`n , i VOTE: KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS YEA NO ABSENT / DENIED. ABSTAINED I• Motion to change Frank Irby's status on the OUA Board from Alternate to Regular Member - City Administrator. MOTION:-6 2ND: VOTE: YEA NO ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS CARRIED NIED. IX. ADJOURN MEETING. tid 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. IV. CITY OF OKEECHOBEE NOVEMBER 6, 2007 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA CALL TO ORDER - Mayor: November 6, 2007 City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation Pastor Jim Dawson, First United Methodist Church; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson PROCLAMATIONS AND PRESENTATIONS. A. Proclaim the month of November 2007 as the "75th Anniversary of the Rotarians Four -Way Test of Ethics." B. Proclaim the week of November 16 - 22, 2007 as "Farm City Week." PAGE 10F 4 NOVEMBER 6, 2007 PAGE 2 OF 4 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the October16, 2007 Regular Meeting. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No.1000, Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-012- SSA, submitted by Okeechobee SR70 Holdings, LLC - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No.1000 by title only. 2.a) Motion to adopt Ordinance No.1000 ( Planning Board and Planning Staff are recommending approval) b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. Vill. NEW BUSINESS. A.1.a) Motion to read by title only and set December 4, 2007 as a final public hearing date for 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 6.7 unplatted acres - City Planning Consultant (Exhibit 2). b) Vote on motion. c) City Attorney to read proposed Ordinance No. 1001 by title only. November 6, 2007 PAGE 3 OF 4 VIII. NEW BUSINESS CONTINUED. A.2.a) Motion to approve the first reading of proposed Ordinance No. 1001. b) Discussion. c) Vote on motion. B.1.a) Motion to read by title only and set December 4, 2007 a final public hearing date for proposed Ordinance No.1002 regarding Rezoning Petition No. 07-013- R, submitted by Joe Rasco on behalf of 151h Street Homes LLC to change the zoning designation from RSF-1 and H to PUD-R on 50.478 unplatted acres - City Planning Consultant (Exhibit 3). b) Vote on motion. c) City Attorney to read proposed Ordinance No.1002 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No.1002, b) Discussion. c) Vote on motion. C.1.a) Motion to read by title only and set December 4, 2007 as a final public hearing date for proposed Ordinance No. 1003 regarding Rezoning Petition No. 07-014-R, submitted by Building Blocks Day Care Center to change the zoning designation from CLT to CPO on Lots 7 and the North half of 8 of Block 40 and Lots 11 -12 of Block 35, First Addition to South Okeechobee - City Planning Consultant (Exhibit 4). b) Vote on motion. c) City Attorney to read proposed Ordinance No. 1003 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1003. b) Discussion. c) Vote on motion. November 6, 2007 PAGE 4 OF 4 Vill. NEW BUSINESS CONTINUED. D. Motion to adopt proposed Resolution No. 07-11 regarding the Police Department Computer Software Lease Agreement - City Administrator (Exhibit 5). E. Consider a motion to waive the formal bidding procedures and award a sole -source bid to Global Mapping, Inc. in the amount of $8,300.00 for the annual mapping services - City Clerk (Exhibit 6). F. Motion to approve proposed Legislative Project Grant Agreement LP 6847 for the Commerce Center Water Retention Installation - City Administrator (Exhibit 7). G. Motion to award a financing bid for the 2008 Police Cars - City Administrator (Exhibit 8). H. Motion to award a dealership bid for the 2008 Police Cars - City Administrator (Exhibit 9). Motion to change Frank Irby's status on the OUA Board from Alternate to Regular Member - City Administrator. IX. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. IF.S ice o f tke Moyor ` V Okeechobee, Florida y - lrR9S; the world 's first service organization, Rotary International, has a long history of helprrt in need and uniting people of different cultures and beliefs; and ��I�REAS, the Rotarymotto, "Service Above Sep' is the foundation of its work to make the world a be ' .. place;. and _ EREAS, Rotarians work to eradicate polio, provide potable water and address the problems of literacy r worldwide; and w FREAS, in 1932, Rotarian Herbert J. Taylor created The Four -Way Test, a code of ethics adopted 8y Rotary 11 years later. The test, which has been translated into more than 100 languages; °WHEREAS, Rotary members are guided in all they do by the Four -Way Test of the things we think say or do, which has become the principal model for business ethics for scores of companies over the past' 75 years; and AV WHEREAS, the principals of the Four -Way Test are: - 1. Is it the TRUTH? -_ 2. Is it FAIR to all concerned? rum 3: Will it build GOODWILL and better friendships? w' 4. Will it be BENEFICL4L to all concerned? WHEREAS, the Okeechobee Rotary Club, along with more than 1.2 million Rotarians worldwide belonging to more than 31,000 Rotary Clubs located in 166 countries, gather as business and professional leaders to provide humanitarian service to encourage high ethical standards in all vocations and to help goodwill and peace in the world. NOW THEREFORE, I, James E Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of November 2007 as the "75th Anniversary_ of the Rotarians Four -Way Test of Ethics. " I call upon the people of Okeechobee to recognize tire` significant accomplishments of the Okeechobee Rotary Club and of Rotary International. In witness whereof I have hereunto set niy' , hand and caused this seal to be affixed :- James E. Kirk, May - Attest: �. - k ^Pa yYtiw. . r a= Lane Gamiotea,CjVC City,Clerk Date: Novernber:6' r4X.. r- _ bfte'of the Mapor m, ; � A okeec obee F[oriba x EAS, American farmers and ranchers literally help feed the world by {producing a bounty — t' `products. • To do this; they rely on essential partnerships with urban and suburban communities, X sell and deliver finished products across the country and around the globe. Rural and urban cor im "g— k -_ QrkiAg together have made the most of our nation's rich agricultural resources as they contribute `'' r Ehealth bnd well being of our country and to the strength of our economy, and Y, Y m ; durih National Farm City Week, we recognize the importance o this cooperative- nett �. g tY g � ►� f � Agricultue employs more than 24 million workers, including farmers and ranchers, shippers, processoi�� �t marketers, retailers, truck drivers, inspectors and others who annually contribute more than $1 24171 Y f to our gross domestic product The agriculture industry provides us with food and clothing, as well ds duel = foi our energy •needs. And as we welcome new opportunities for trade, the hard work and success fu1 cooperation between farmers and city workers will continue to play a vital role in our nation's- future; and 'WHEREAS, Farm City collaborations help maintain and improve our food and fiber supply and contribute to a better quality of life for countless citizens. We commend the many Americans whose hard work and, ingenuity reflect the true spirit of America and help to ensure a prosperous future for all, and NNW - WHEREAS, as we gather with familyand friends around the Thanksgiving table it is fitting that we count f g g f g c t among. our blessings the vital Farm City partnerships that have done so much to improve the quality of our lives, and NON/, THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the C* Z o f Okeechobee, Florida, do hereby proclaim the period o f November 18 - 24, 2007 as "Farm City WeefC' ; and l do further call upon all citizens in rural and urban areas to acknowledge and celebrate :the .achievements of all those who, working together, produce and supply our community and nation wrtli�n �atiundance of agricultural products. In witness whereof I have hereunto set ry ' hand and caused this: seal to be roc " James E. Kirk, Attest: z Lone Gamioteci Chi Date r - � ,. `^�''r.,+:6 a:—_t e .; Yh�t�i� „ fir_• 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 appear, Judy Kasten, who on oath says she is publisher of the Okeechobi News, a DAILY Newspaper published at Okeechobee, Okeechobee County, Florida; that the attached copy of advertis ment, being a f 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 0' //J Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. r ') r A CITY ORDINANCE i PLEASE TAKKEE� NOTICE that the City Council of the City of Okeechobee,thereafter Ronda YAM at City Hall, . SE 3rAve.,l Okeechobee, Fl conduct a PUBLIC 1NGonand thereafter to consider final readu� of fhe following Ordinance Into law: NO.1000: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.535 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE-FAMILY TO COM- MERCIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFEC- TIVE DATE. The ordinance is regMing Small Scale Comprehensive Plan Future Land Use Map Amendment Application No. 07-012SSA submitted by Kelly Khe:Jr., on behalf of property owner(s) Okeechobee SR 70 Holdings. The request is to change the RF lure Land Use designation from Single Fa�my (SD to Commercial (C) for properly located at 1108 State Road 70 East Legal Esc IVI: Being a parcel of lantl ty- ing in Section 22, Townshipp 37 South, Range 35 East, Okeechobee County, Flor- da and being more particularty described as follows: Commencin0 at the for S.H. 70 Okeechobee County Section 91070-2514, dated DWN=3.76) with Easterly boundary of Government Lot 2 extended; thence South 00 dues 14 feet 21 inches East, along said Easterly boundaarryy of Government Lot 2 extended, a distance of 44.5 feet to a pant; thence South 89 degrees 54 feet 49 inrdres West. aorigbthheeinSnouthedyRight-of Way of S.R. 70 a distance of 125.00 feet to. hepoint o 69f0 53 feenttreenc Sou 8900 degrees 14 feet 21 indbas East, a dis- tancedegrees 54 feet 49 inches East a distance of 100.00 feet to a point tying on the Westerly Ri?144 Way line of Southeast 13th Avenue; thence South DO degrees 14 feet 21 inches East a distance of 230.05 feel to the pant of intersection of the Westerly R'ptd-of•Way fine of South- east 13th Avenue and 0te Hopkins Meander Line; thenceit71 degrees 49 feet 20 inches West, a distance of 424.14 feet; thence North 00 degrees thence feet 47 inches West, a distance of 787.65 feet to a point lying on the Soto" 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 pant of beginning, and is approximately 4.5 acre(s). dI 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 pub- lic 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 n any person desires to appeal a decision made by the City Council with respect to any matter considered at t hearing, such interested person will need a record of the proceedings, and such purpose may need to ensure a verbatim record of the proceedings is mar which record includes the testimony and evidence upon which the a eal is to based. City Clerk media are for the sole purpose of backup for official record the Clerk. In accordance with the Americans with Disabilities Act (ADA) and Honda Stab 286.26, persons with disabilities needing special accommodation to participate this proceeding should contact Betty Clement, no later than two (2) working da prior to the proceeding at 863-763-3372 x 218; if you are hearing or voice e paired, call TDD 1-800-222-3448 (voice) or 1-888447-5620 (TTY). Lane Gamlotea, CIVIC, CITY CLERK Sworn ttrao subsef� be ore me this o�;,, aye' .ianetta Thiboult r AQ-, C0MI'lliSSlon # DD505311 day of ` A.D. 20 ` Expires January 10. 2010 �Or Ft Bonded troy Fain Insurance trK 800.3e5-7019 Nc?t'a.'Y Public, State of Florida at Large Randai" out their nei ptly. ---------------- $ciiool, try , vll.�+ll�C /JV1111i�� `- e �a use plan& Hampton inn and Lakehouse on ©k18�c�i council agenda '1 } By Chauna Aguilar at their upcoming meeting on Okeechobee News iLesday, Nov. 6, at "6 p.m. in The Okeechobee City Coun the City Hall Chambers, 55 S.E. The Seminole Elementary SchoohBook Fair was a'' Brook Conway- of the City Fire bli�zard,,in Floridal;,Karina Salcedo won a paper- De artment shakes the hands of to the,PTO Book Elementaryand cil will considerseveral,zoning Third Ave. land use changes for corn- Connell Page 2 macho snowman for participating students at Seminole to show he Is not scary Fair night. Students were able to,puedhase the lat- authors and illustrators of if ever there Is a fire. mercial and residential venues See .— :School est' works by popular and can help ' books fdr young -readers. t s isduction Crisploo � 3,9 B if on Brazilian ethanol {. , tarr 4 '...4 io mission aimed at.boosting the from sugarcane. By`Alah G1�ende W4 slate's ties with South Ameri-' But Crist agreed that any ' toward reduction of the 9 ..,,,p �.. AP-B_usiness.VC!riter ca's largest nation,, move SAO PAULO Brazif.(AP) — The tariff of 54_ .centsl�per tariff,isunlikely over .the next Gov,., Charlie; Crtst said gallon will,expire in2009, acid year. because it would too U.S. about japer. - Florida e Monday he supports a ieduc- Crist said,he would'lobby for a controversial during the the U.S. tariff that makes reduction among members of presidential election campaign. Okeechobee: News/Pete Gawda Om tion in Brazilian ethanol expensive for Florida's congressional delega- U.S. farmers and agribusiness Arrierim fuel suppliers, but tion who will eventually vote compantes that produce,.etha Watering time n his elephants d Voices., suggested that serious` debate whether to keep the tariff,, re- nol;from. corn strongly oppose over the tariff is unlikely until duce it or eliminate it. a tariff Republican, also said Elephant trainer George Hanneford gives wamance at the Cole ter in' preparation for ay, Nov. 5rat the Okeechobee Monday, Cr'st at after the 200g'U.S. presidential `;! Experts, ethanol producers he wants Florida ports to be and Brazilian President Luiz Brothers`Circus on county Agri-Civic'Center. The elephants, in no particular y course, the Kimberly. Of �I II election Y come the gateway For imports "If,you ask for lowering the':.lnacio Luta da Silva sa" the tar- Cnst said iff prevents significant U.S. im See Crist — Page 2 order, are Nina Danielle, and trainer knows who is who. 2 4 tax, I'm that guy,"^ a-da trade ports of Brazilian ethanol made 5 at the start of a five , Y t'r, "And, the victims were all under _. --- The OCSO captain did say, has us all concemeo 16-" cording to Florida state stat- nuendos, no references or com- erence to Jessica Lunsford and registered sexual offender however, that Diaz made no in- Capt. LaFlam was making ref- has no prior arrests and is not a ` t Council commercial. while creating an environment In unrelated business, the r ran The following uses would be where the residents can enjoy the council will also consider a rezon- continued From P 1 >� permitted within a heavy com- mercial district: professional of- natural aspects of the property. According to the submitted site ing for .57.acre property located at 1811 S.W. Second Ave., Build- u a The City Planning Board unan- imously. approved a 6.27-acre five; business office, medical office; retail service, retail store plan, the developer is proposing a total of 136 units of varying single ing Blocks Academy. The current zoning is r development located to the east the U.S. Post including outdoor display of mer- family homes. They are propos - light commercial (CLT) and the use of adaycare center + of Office which is chandise; restaurant, cafe; per- ing 14 plantation homes that will is not allowed within that zoning. now going before the council for sonal service• d Beane I fr ry r, aun- range om 2,400 to 3,000 square The applicant requested a change' approval. The proposed develop- dry;. funeral home; hotel, motel; feet; 13 village homes ranging to commercial professional office w _ ment�+wtil include a Hampton Inn private club, nightclub; craft stu- from 1,900 to 2,400 square feet; (CPO) which allows a daycare ' © 3 with 85 hotel rooms. The site will dio; business school; commercial 52 bungalows ranging from 1,600 center as a special exce lion. The o g g . 8 P P�' "+-• oq Fronts Pressure also feature out -parcels available indoor recreation; commercial to 1,900 square feet; .and 57 cot- rezoning is being recommended Cold Warm SlM—' Low High for a restaurant, bank and a two- parking garage, lot, taxi stand of- tages ranging from 1,500 to 1,600 by the Planning Board. 1 0 story building for retail spaces. bus terminal. square feet. In other business the council According' to their applica- The develoPer stated in the In the graphics provided, the will: don, Kitty te Properties, o elo e r located iis s all of ther e the site landscape will meet entry to the homes will be via the *proclaim the month of No- t� developer ty' p buffer rear of the house where cars will vember, as the 75th Anniversary Vero Beach. Their subsidiary, requirements to shield the de- enter a garage and the occupants of the Rotarians Four Way Test of Okeechobee Forecast Okeechobee SR70 Holdings, LLC, velopment from the neighboring will go into their house via a cov- Ethics. has pu chased -the property with residential properties to the east ered walkway passing by a side • proclaim the week of Nov. 16 Tuesday: Mostly sunny. The high will be in the lower 80s. The wind a goal of developing a success- of the proposed development. yard or a pootwh- tis an option '; thru 22, as Farm City Week. will be from the north around 5 mph shifting to the northeast at 5 to ful. project while maintaining the Ultimately the development at addition t6ithe'homes. *consider- adopting a resolu- 10 mph in the afternoon: integrity of the community and was approved unanimously to The 'project is proposing for lion regarding' the Okeechobee 7luesday night: Partly cloudy. The low will be in the lower 50s. The increasing employment and busi- recommend approval to the City sidewalks;: and. other infrastruc- City Police Department computer wind will be from the northwest around 5 mph. ness opportunities for local resi- Council. tune"`throughout.the `project s uc- software lease agreement Extended Forecast dents. in other business, the council as the wallcwags around the eagle *consider a motion to waive Wednesday: Partly sunny. The high will be in the upper 70s. The Thecurrent use of the proper- will consider another rezoning protection area to ' be open for formal bidding procedures and wind will be from the north at 5 to 10 mph, ty is for a single family residence from residential single family public use dependent on the laws award a sole -source bid to Global Wednesday night: Mostly clear. The low will be in the mid 50s. and a stable, which will be de- (RSF) to planned unit develop- surrounding the use of the area. Mapping, inc. in the amount of Thursday: Partly sunny.The high will be in the mid 70s. molished. According to the ap- ment (PUD-R) concerning The The PUD-R process is new to $8,300 for the annual mapping Thursday night: Mostly clear. The low will be in the lower 50s. plicant they have already secured Lakehouse development, submit- the city as this would be the first services. Friday: Partly sunny. The high will be in the upper 70s. a franchise agreement with the ted by Jose Rasco, CFO of prop- actual application of this zoning •consider approval of a pro- I Friday night: Mostly clear. The low will be in the mid 50s. Hampton inn. They will not only erty owner 15th Street Homes, district posed Legislative Project Grant Saturday: Partly sunny. The high will be in the upper 70s. be developing the hotel, they will LLC. If approved at the council lev- Agreement for the Okeechobee Saturday night: Partly cloudy. The low will be in the mid 50s. also be the owners and operators The Lakehouse development el, the applicant will go through a Commerce Center retention in- Sunday: Partly sunny. The high will be around 80. of the hotel as well is requesting approval from, the final public hearing that would be stallation. The site requires a small,'council with the blessing fromthe held on Tuesday,Dec.4. *consider a financingbid and Lotteries j scale comprehensive plan map TRC and the Planning Board for Pending approval ,from the dealership bid for the 2008 police amendment changing the future their conceptual site plan whichJ* council, the development would : cars land use`frd'fn residential single calls for a single family develop then come before the TRC again -consider a motion to change Cash 3: 5-2-0; Play 4: 4-24-1; Fantasy 5: 26-11 10-35-23. family to commercial. The prop- menu through i PUD-R zoning 'in ' with a normal site. plan review Frank Irby's status on the O.UA erty is currently zoned partially order to allow for the preserva- which involves the actual specif- , Board from alternate' to regular residential. multifamily and heavy lion of the unique nature of" the ics of the project. member. • commercial They:are asking for property. Once the site ran is a roved PO'rrOU'°pmroaa In the Public, a zoning Chan a from residential By" use of a PUD=R zoning,p Pp issues r»rvar at ramrurrernazap.rnm it goes on to' the building permit Reporter chaoaa Aguilar may be multifamily tarompletely heavy •these zones can be protected stage. servIce reached at c liar saap.com.. d }i "r ? •gu @sera �i'15� ry erh states'i the tariffs six months after for- be submitted to the governor late Okeecha ee News lr x x P)3razil is the worlds second- mer Florida Go¢ Jeb Bush, `the next year that could mandate that ti ' Co jf}T►tied Pi o i A' 'largest Pr° I°ce, nof'ethariol;after brother of President George' W. Florida vehicles use gas contain- TO Nsssl�h Ns ' TO S[o1I A Paw r >,•.:, i t 'i1 $ 1, k_Q1, rt��ltsa)so �-�an is �umes the U.S. tariff wiledicted l be: Paulo that ing 10 percent ethanol, though Ot�ca. o. sa> 639; ;a PMe �5p o� a an Ch eld E* 107 S.W.17th skeet, sure p rea i. 11 be; reduced or that measure would require ap . newszap.com b se el3r el ungry� vasti a ounts, of the fie f¢r its eliminated,within several years. proval bq Florida lawmakers. okeecr'°bee• pL 3asia crews available st bUSeIt� COT•J't, er VehlcieS r MINf11R www.newszap.com h ivery a_ -Is on sale r th t Peen$ = Members of Crist's adrninistra- After leaving Brazil Friday, Crist ' at d on sal t j a anon p uc�g rrudwe 4 Erna the comments on lion are working on a proposal to heeds to Argentina and Chile. TO subw NOINS ok Can office to The Okeechobee News wekpmes sutra find our Is our missions from Its readers. Opinlons, : Pre upon ndaries. Cd in nfty Events calendar items, stories ideas and pho c CaliB ml ..-. tographs are welcome, Call (863) 763 •news• I . 3134 to reach our newsroom. Items Writers' Workshop at the Xibra>ty Civil War reenactment planned may be mooed, faxed or en,aued. avali ." a A- Workshop wilt beheld on Tuesday, Nov 20 at 6:30 p.m. The severith annual Civil War re-enactment about the raid on Fort i lk okeenam@newszap.com : saa 7 rs t ' in the, Library Board Room. Anyone who writes fiction, including Pierce, will be heId'Dec. 1-- &'2 at, the Savannas Recreation Area, ,1400 .(863) 46 -2033 onl y. d mainstream, mystery, and romance,, as;well as memoir br poetry is E. Midway Road, in Fort Pierce. On Saturday, camps will be open to TO Plies A aval ` $ invited to attend tciBead and offer constructive criticism to the, group: the public from 9 am. until 5:30 p.m. and battles will be held through- lhOw Ad '• oi` Bring twopagesof our work to read.. For information call Jan Da out the day with the: main battle being staged at 2 m. On. Sunday, :,us Y Y p• Y f�k okeeadsales newsza .com u ndent, Fehrman at (863) 357-9980. camps will be open to the public from 9 a.m. until 3 p.m., with the a. r main battle starting at l p:m. Other activities include living history TO PIIBCO A Coed Ad :w. nth street, sure o _ - - a....,....­6CnHar'c R. rivii War ramns- Ladies. Tea:: black-.. 00171422.2 tl tr, nL-- FL34974 Nov 6 AOFNOA - FINAL AN - E)Wffi T N0. _ ORDINANCE NO. 1000 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE-FAMILYTOCOMMERCIAL; 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. 07-012-SSA), submitted by Kelly Kite Jr., on behalf of property owner(s), Okeechobee SR70 Holdings, LLC, for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Planning Board at a duly advertised meeting held on October 18, 2007, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part 11, 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. The following described land consisting of approximately 6.27 acre(s) is hereby re -designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 07-012-SSA, from Single -Family to Commercial. The Legal Description of Subject Property is as follows: Page 1 of 3 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 00014121" 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 13TH AVENUE AND THE HOPKINS MEANDER LINE; THENCE NORTH 71°49'20" WEST, A DISTANCE OF 424.14 FEET; THENCE NORTH 00°0347" 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. E911ON 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.1000 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 6"' day of ov mber 2007. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor ADOPTED after first reading on the-Q!-day of November 2007. James E. Kirk, Mayor Page 2 of 3 ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 3 of 3 CITY OF OKEECHOBEE { PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS OCTOBER 18, 2007 SUMMARY OF BOARD ACTION A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-012-SSA, submitted by Okeechobee SR70 Holdings, LLC. The application is to change the Future Land Use designation from Multi -Family (MF) to Commercial (C) for property located at 1108 Highway 70 East. Legal description: Unplatted lands of the City, Okeechobee County, Florida and is approximately�cre(s) - Planning Consultant. G Mr. Brisson presented the LaRue Planning Staff report and recommendation. He stated the applicant has submitted policies and procedures supporting the land use change request, and demonstrated consistently with the Comprehensive Plan. Staff Report conclusion, given the property's proximity to SR 70; ability to be compatible with surrounding uses; assessment of the availability of public services and facilities; and capability of ensuring compatibility with surrounding uses, Staff believes the requested amendment to designate the subject property Commercial on the Future Land Use Map (FLUM) is consistent with the City's Comprehensive Plan. Consequently, the Staff recommends approval. Mr. John Wayne Burnett, 177 Southeast 13th Avenue, addressed the Board. Once the zoning is changed the owner can do what they want. What I want is a block wall for security and lights that do not shine and light up my property. Traffic is a serious problem already at the Post Office and with the low income housing project that is scheduled to be developed just behind the Post Office, the traffic problem will become more serious. Mr. Cook told Mr. Burnett the wall and lights will be addressed at the Site Plan Review phase. Mr. Burnett told the Board, zoning is everything. He reported, when he purchased his property years ago, a deal was made, this area was single family, not commercial. Northeast 13`n Avenue will become a problem due to the natural flow of traffic heading towards Fort Pierce. Board Member Burroughs and Alternate O'Connor reported being contacted by Mr. Burnett regarding this application. Mr Chris Goetzfried, 1170 61h Avenue, Vero Beach, Florida, engineer with Kimley Horn, stated the applicants are aware of the issues that Mr. Burnett brought up, and are addressing them. The site includes a hotel and some leisure type uses located on the SR70 frontage. Parking and associated parking would go along the East property line. The owners are looking at and considering a pre -cast wall as a buffer. This development is a national franchise hotel, it is a quality hotel, and they have their own requirements for developing that require nice amenities such as the concrete wall. Also proposing the storm water retention occur in the southern part of the property. Mr. Goetzfried reported working with the Post Office concerning mutual access driveway connections and adding a right turn lane. This would allow traffic from this project to travel through the Post Office parking lot out to the light at Southeast 10" Avenue which is a much better way of turning west than coming out of Southeast 13th Avenue. Right turn out of the access onto SR70 is the dominant egress from the site. Board Member Maxwell inquired of Mr. Goetzfried whether getting access through the Post Office would eliminate traffic on 13th? Mr. Goetzfried replied, it would restrict traffic to 13" quite a bit, because it would be more convenient to access from 10t'. With the access of 101h, it would significantly reduce the amount of traffic on 131h. Board Member Burroughs encouraged the developers and engineers to continue to work with the neighbors. He stated he applauded the efforts of the developers working with the surrounding property owners. Kelly Kite, 1901 Indian River Boulevard, Vero Beach, Florida, representing the developers and owner of Okeechobee SR70 Holding, LLC., said he was very pleased to bring this project to Okeechobee. Our experience with Okeechobee has been very positive. We are not just the developers of this property, we are also the owners. We look to hold this property for the long term and become active members of the community. Mr. Kite also stated they intend to be good neighbors. He also said he had Kelly Kite, 1901 Indian River Boulevard, Vero Beach, Florida, representing the developers and owner of Okeechobee SR70 Holding, LLC., said he was very pleased to bring this project to Okeechobee. Our experience with Okeechobee has been very positive. We are not just the developers of this property, we are also the owners. We look to hold this property for the long term and become active members of the community. Mr. Kite also stated they intend to be good neighbors. He also said he had photographs of some of the walls they were considering and was also looking into the lighting for the project as the site plan progresses. He reported building the hotel in accordance with the Florida Green Lodging Code to be environmentally friendly. We have secured a franchise with Hampton Inn. A lot of time and money went into the market study and securing the franchise agreement and we fully intend to put a hotel on the site. He thanked the Board. Kim Burnett, 177 Southeast 131h Avenue, stated she wanted to reiterate the neighborhood has been a residential area, not the front edge, but certainly the back part. She reported having five grandchildren that play in her backyard, and this would completely change the life they are accustomed to having by putting a commercial property there. Personally, she wants to go on record that she is not happy and this is unacceptable to her. She asked if the suppliers would be using Southeast 131h Avenue as this would create a lot of traffic going past her house. Mr. Burnett asked if this would be developed in phases? Would the hotel go in the front and what would be developed in the back part of the property? Mr. Goetzfried said the leisure uses would go in the front part of the property and the hotel in the back. Chair Ledferd asked whether the Board or citizen had further questions? There were none. Board Member Burroughs moved to approve Application No. 07-012-SSA and recommend City Council change Future Land Use Map from Single Family (SF) to Commercial (C); 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 November 6, 2007 before City Council. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Staff Report —Small Scale Comprehensive Plan Amendment Prepared for: The City of Okeechobee Applicant: Okeechobee SR70 Holdings, LLC/Kelly Kite Petition No. 07-012 SSA Staff Report Applicant: Okeechobee SR70 Holdings LLC Small -Scale Comprehensive Plan Amendment Petition No.: 07-012-SSA InformationGeneral Applicant: Okeechobee SR70 Holdings, LLC Applicant Address: 3055 Cardinal Drive Vero Beach, FL 32963 Applicant Phone Number: 772-231-9333, FX: 772-231-0033 Owner: Kelly Kite, Jr. Owner Address: As above Future Land Use Map Existing Single -Family Proposed Commercial Classification Zoning District RMF CHV Use of Property Single -Family Residence, Hotel and associated retail. balance vacant Acreage Total parcel size is 6.27 4.5 acres acres, but SSA involves only 4.5 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 71°49'20" WEST, A DISTANCE OF 424.14 FEET; THENCE NORTH 00°03'47" 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. Staff Report Applicant: Okeechobee SR70 Holdings LLC Small -Scale Comprehensive Plan Amendment Petition No.: 07-012-SSA Request: 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 request is for a change in the land use designation on the Future Land Use Map for the 4.5 acre parcel from Single -Family Residential to Commercial. This application qualifies under Chapter 163 of the Florida Statutes as a Small -Scale Amendment to the Comprehensive Plan because it involves less than ten acres. Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: 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: Commercial CHV Vacant Commercial and Single -Family 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 fronting on SR 70 is already designated Commercial on the FLUM and zoned CHV and is the location for the proposed bank and restaurant. The southern portion of the property is the subject of the proposed amendment. The applicant is proposing to develop a hotel on the part of the site for which the amendment is being sought. However, if the Small Scale Amendment and rezoning are approved, the Applicant, or any future owner of the prop- erty, will not be rot required to limit future development of the site to any specific use, but may develop any use allowable within the Commercial land use category and zoning district applied to the property. 2 Staff Report Applicant: Okeechobee SR70 Holdings LLC Small -Scale Comprehensive Plan Amendment Petition No.: 07-012-SSA Comprehensive A. Consistency with the Land Use Categories and Plan Policies. The Applicant is requesting to amend the Future Land Use Map from Single Family to Commercial. As prescribed by the Comprehensive Plan, a hotel and related retail uses are contemplated as allowable uses within this land use category. The Applicant has submitted supporting statements relative to the proposed project's consistency with specific Policies in the City's Comprehensive Plan and which are provided as an appendix to this Staff Report. Staff does not disagree with the Applicant's assertions. B. Concurrency of Adequate Public Facilities Potable Water and Wastewater 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. Roadways 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 pro- posed project will impact both SR 70 and US 441/SR 7 to only a minor degree. In neither case does the project's impact amount to as much as 10% of the traffic volume associated with level of service "C" 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 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 3 Staff Report Applicant: Okeechobee SR70 Holdings LLC Small -Scale Comprehensive Plan Amendment Petition No.: 07-012-SSA 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: NE 10`h Avenue and NE 13th Avenue. The impacts on these local roads are projected to represent only 4.29% and 5.36%, 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 NE loth 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 NE 13th Avenue. Solid Waste 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. Compatibility with Adjacent and Nearby Land Uses The SR 70 corridor has been developing into a commercial node within the City. SR 70 is the major east -west roadway through the City. Concentrated commercial development on this arterial will reduce the potential for increased traffic on major and minor collectors and local roadways in the City. A major land use amendment and rezoning has been approved on about 16 acres on the north side of SR 70. Frontage on the south side of SR 70 (the site of the out -parcels associated with the proposed development) 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 pro- posed commercial development through the use of stormwater retention facilities as a spatial buffer. rd Staff Report Applicant: Okeechobee SR70 Holdings LLC Small -Scale Comprehensive Plan Amendment Petition No.: 07-012-SSA There are four single-family residences just south of the existing commercial uses on 131n street. These four properties abut the subject property's eastern boundary. If the plan amend- ment and requested rezoning are approved, buffering of these properties from the proposed commercial uses will need to be taken into consideration during site plan review. Conclusions Given the property's proximity to SR 70; ability to be compatible with surrounding uses; assessment of the availability of public services and facilities; and capability of ensuring compatibility with surrounding uses, Staff believes the requested amendment to designate the subject property Commercial on the FLUM is consistent with the City's Comprehensive Plan. Consequently, the Staff recommends approval. Submitted by: James G. LaRue, AICP October 10, 2007 1" LPA Hearing: 9-20-07 (postponed) I" LPA Hearing: 10-18-07 Maps or Diagrams — FLUM and Property Appraiser Map Applicant's Project Description and Consistency with Comprehensive Plan Letters from Okeechobee Utility Authority 5 Staff Report Applicant: Okeechobee SR70 Holdings LLC Small -Scale Comprehensive Plan Amendment Petition No.: 07-012-SSA Subject Property •-4 „ p y-s • i COMPREHENSIVE PLAN] LAND USE SINGLE - FAMILY _ MULTI - FAMILY COMMERCIAL INDUSTRIAL PUBLIC FACILITIES 0 Staff Report Applicant: Okeechobee SR70 Holdings LLC Small -Scale Comprehensive Plan Amendment Petition No.: 07-012-SSA APPENDIX PROJECT DESCRIPTION AND CONSISTENCY WITH COMPREHENSIVE PLAN As submitted by the Applicant Okeechobee SR 70 Holdings, LLC holds fee simple title to 6.28 acres of land in the City of Okeechobee. The site presently is open pasture with one single family home and is located approximately 105 feet west of the intersection of State Road 70 (SR 70) and SE 131h Avenue and fronts SR 70 for 300 feet. The existing land use for the property is divided between Commercial and Single Family. The existing Commercial land use portion covers an approximate 250 foot depth along the SR 70 frontage or approximately 1.7 acres. The remaining 4.5 acres is under the Single Family land use designation. The existing Heavy Commercial (CHV) zoning covers an approximate 110 foot depth along the SR 70 frontage or approximately 0.8 acres and the remaining 5.5 acres is zoned Residential Multiple Family (RMF). Okeechobee SR 70 Holdings, LLC is requesting a small scale land use amendment and rezoning to bring the entire 6.28 acre parcel under the Commercial land use classification and CHV zoning. Future Land Use Element Policy l.l: The proposed amendment is consistent with the City's policy of development approval condit- ional on the availability of facilities and services necessary to serve the proposed development and that the facilities meet adopted level of service standards. As part of the amendment review process the Okeechobee Utility Authority (OUA) will confirm the availability of the required potable water supply and capacity for wastewater disposal. It is the applicants understanding in speaking with representative of the OUA that this capacity exists. The included Traffic Impact Analysis reports that traffic level of service is essentially unaffected and the development approval process will evaluate a stormwater management system based on the 25 year/24 hour design storm. Policy 1.2: The proposed amendment is consistent with the City's policy of continuing to ensure that needed public facilities will be in place prior to or current with new development through implementa- tion of the Concurrency Management System. Presently, existing paved roads surround the proposed property. Both water and sewer services are run in proximity to the proposed property to which the proposed development can easily tie into. All needed public facilities are currently in place. Policy 10.3: The proposed amendment is consistent with the City's policy of enforcing land development regulations addressing the subdivision of land in that any potential subdivision of the proposed property will occur in compliance with existing land development regulations. Policy 12.1: The proposed amendment is consistent with the City's policy regarding the criteria, standards and related provisions established in the Land Development Code for reducing the impacts from any Land Uses that are not in conformance or are inconsistent with this Comprehensive Plan shall as a minimum: C) The proposed amendment is consistent with the City's policy of ensuring safe and convenient on -site traffic flow and vehicle parking needs through the Site Plan review process and off-street parking regulations. The proposed development's off-street parking and on -site traffic flow will be designed in compliance with the existing applicable land development regulations. This design will be presented to the City for review and comment to assure consistency with this policy. D) The proposed amendment is consistent with the City's policy of ensuring that public facility, utility and service authorization has been procured prior to issuing any development order and that construction of said facilities, utilities, and service is concurrent with development. Verification of public facility, utility and service availability for the proposed project will be confirmed as part of the site planning process. E) The proposed amendment is consistent with the City's policy of providing that develop- ment orders and permits shall not be issued which result in a reduction of the level of services for affected public facilities. The Traffic Impact Analysis (TIA) prepared for this amendment request indicates that no lowering of level of service occurs as a result of this land use change. In discussion with OUA representatives the potable water and wastewater treatment capacity exists for intensity of development resulting in the change of land use. Level of service for affected public facilities as directly relates to the proposed site, will be confirmed as part of the site planning process. Traffic Circulation Element Policy 4.1: The proposed amendment is consistent with the City's policy of implementing a program to monitor and evaluate the impacts of existing and proposed development on the transportation system in order to ensure consideration of transportation issues in local land use decisions. The TIA report included with this amendment request analyzes the proposed development's impacts on the transportation system in order to identify any potential transportation issues. Consistent with the comprehensive plan the TIA concludes no lowering of level of service as a result of this land use change. I Policy 6.3: The proposed amendment is consistent with the City's policy of enforcing provisions in its land development regulations, which meet or exceed FDOT standards to control access to arterial and collector roads by limiting new curb cuts and driveway permits, or other appropriate means. Potential roadway, driveway and curb designs for the proposed site will be completed in compli- ance with applicable land development regulations and FDOT standards. The possibility of re- designing the existing US Post Office access driveway on SR70 to a shared access driveway is presently being pursued. Acceptance of the shared driveway proposal will eliminate the need for an additional driveway access off SR70. Policy 7.1: The proposed amendment is consistent with the City's policy of minimum peak hour operating levels of service to consistent with those set forth in the Florida Highway System Plan, Level of Service Standards and Guidelines Manual. As demonstrated in the Traffic Impact Analysis report minimum peak hour operating levels of service were examined for the proposed development and the land use change does not lower the level of service of SR70, a principal arterial, below level C. Policy 8.4: The proposed amendment is consistent with the City's policy of enforcing provisions in its land development regulations to require sidewalks in new commercial and residential developments which are subject to plat or site plan approval, to be linked where possible to the existing side- walk system. The pedestrian sidewalk design for the proposed use will be linked to the existing sidewalk in the SR70 south right-of-way. Sanitary Sewer, Solid Waste, Drainage, Potable Water and Natural Groundwater Recharge Element Policy 1.5: The proposed amendment is consistent with the City's policy of interim drainage level of service standards. Stormwater treatment and disposal facilities shall be designed for a 25-year storm event of 24- hour duration. Such facilities shall meet the design and performance standards established in Section 17-25.025, F.A.C. The first inch of stormwater runoff shall be treated on -site, pursuant to Section 17-3.051, F.A.C. Stormwater discharge facilities shall be designed such that the receiving water body shall not be degraded below minimum conditions necessary to assure the suitability of water for the designated use of its classification as established in Chapter 17-3, F.A.C. These standards shall apply to all development and redevelopment. 10 The proposed development's stormwater treatment and disposal facilities will meet the design and performance standards established in the applicable Florida Administrative Code. Site development under the proposed land use change will require the design of a stormwtaer management system that meets the comprehensive plan's stated standards. Policy 6.1: The City of Okeechobee's land development regulation shall enforce stormwater drainage provisions which ensure that: (a) The proposed amendment is consistent with the City's policy of requiring new devel- opments to manage runoff from the 25-year frequency, 24-hour duration design storm event on -site so that post -development runoff rates, volumes and pollutant loads do not exceed pre -development conditions. The proposed development will examine pre and post -development runoff rates as part of the site planning process and will manage runoff in compliance with the existing appli- cable City land development regulations and South Florida Water Management District water quality standards. (b) The proposed amendment is consistent with the City's policy of ensuring stormwater engineering, design and construction standards for on -site systems are provided. Stormwater engineering, design and construction standards for on -site systems for the proposed development will be provided as part of the site planning process and will occur in compliance with applicable land development regulations. (c) The proposed amendment is consistent with the City's policy of enforcing erosion and sediment controls are used during development. Erosion and sediment controls for the proposed development will occur in compliance with applicable land development regulations and best management practices. The land development activity will be required to be covered by the Florida Department of Environmental Protection general permit for stormwater discharges associated with construction activities and the requirements associated with this permit coverage. Conservation Element Policy 5.1: The City shall enforce provisions in its land development regulations to ensure that new development, regardless of its location in the City, meets the following conditions: (a) The proposed amendment is consistent with the City's policy of ensuring that new development does not degrade water quality in Taylor Creek. The proposed development will develop a stormwater pollution prevention plan during the site planning process in compliance with land development regulations and other permitting agencies. The design of a stormwater management system for the purpose of treating stormwater runoff from the developed site is a requirement of site plan review by the City and South Florida Water Management District. Stormwater discharge will meet water quality standards as set by the Water Management District. (b) The proposed amendment is consistent with the City's policy of ensuring that new development does not threaten groundwater quality, particularly in the vicinity of municipal wells; The project site is not in the vicinity of a municipal water well or in the City's groundw- ater recharge area. Stormwater runoff that percolates into the local aquifer will be subject to treatment by the implemented stormwater treatment system. (c) The proposed amendment is consistent with the City's policy of ensuring that new development preserves existing wetland areas; The proposed development will complete an Environmental Resource Analysis to identify wetland areas during the site planning process and if necessary develop a preservation plan in compliance with land development regulations and other permitting agencies. (d) The proposed amendment is consistent with the City's policy of ensuring that new development avoids the disturbance of natural drainage features; The site is not located in an area that transects any existing natural drainage features. In preparation of the stormwater management plan the existing site drainage pattern will be maintained. (e) The proposed amendment is consistent with the City's policy of ensuring that new development preserves habitat for endangered and/or threatened wildlife species. If required, an Endangered Species Analysis to identify any endangered species and/or threatened wildlife species on the site will be presented during the site planning process. If necessary a preservation/mitigation plan compliant with the applicable land develop- ment regulations will be prepared and will consider preservation of the required habitat within the site boundary. Polio The proposed amendment is consistent with the City's policy of the quality of water to be dis- charged from the new surface water management systems shall be subject to Federal, State, Regional and Local permitting programs and regulations that determine compliance with Federal, State and Local water quality standards. Stormwater discharges from development must meet relevant water quality and surface water management standards as set forth in Rules 62.-. 62.40, 62-302, 40E-4, F.A.C. and by local ordinance. 12 RECEIVED AUG 1 7 N:A City of Okeechobee General Services Department 55 S.E. 3"t Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: g l i Fee Paid: 6-36 IstHearing: gl"bl..07 Publication Dates: Petition No. C) Jurisdiction: god Hearing: Comprehensive Plan Map Amendment Application Please Check One: ✓ Small Scale Amendment (Under 10 Acres) —Large Scale Amendment (Over 10 Acres) bee SR70 Holdings, LLC roperty owner(Man iling address:rdinal Drive, Vero Beach, FL 32963 pplicants) if oner (state relationship): [rail; mailing addrescontact person (ship): Kelly Kite Jr., Vice President 2/231-9333 Fax: 772/231-0033erson daytime m/ Property address / directions to property: 1108 Highway 70 E, Okeechobee, FL 34972 Parcel Identification Number: 2-22-37-35-OA00-00004-0000-HX Size of the Property (in acres): 6.27 ACRES Current Zoning Designation: RMF P_ R Current Future Land Use Designation: Single-family O Existing Use of the Property: Single-family P E Proposed Future Land Use Designation: Commercial R T Proposed Use of the Property: Y Commercial - Hotel, Bank, Restaurant and General Retail Description of Surrounding Properties: North -undeveloped (SR70), South -single family, East -commercial and single-family, West -commercial (US Post Office) Legal Description of the Property (Lengthy Description May be Attached): See Attached Unifonn Land Use Application (rep-. 1103) Page 1 of 2 onrmation of In fifomation Accuracy. I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request_ False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 daxs and maj r^ult in the summary denial of this application- E, 417, A Alva Printed Name Date & Uniform Land Use Application (rev- 12103) Page 2 of 2 0 0 , REAL E STATE INVESTMENT DEVELOPMENT August 7, 2007 047833002 Via Federal Express 863/763-3372 City of Okeechobee Ms. Betty Clement General Services Department 55 S.E. I 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 ID 42-22-37-35-OAOO-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: -�Z. Key . K te, J ., ice President 3055 CARDINAL DRIVE, SUITE 300 VERO BEACH, FLORIDA 32963 TEL (772) 231-9333 FAX (772) 231-0033 www_KITE PROP[ RTIESLLC.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 iiiiiiiililliim kill imliiillimillili FILE NUM 2007009267 OR BK 00634 PG 0650 SHARON ROBERTSDNr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FL RECORDED 07/02/2007 11:+48:01 AM RECDRDIN6 FEES 18.50 DEED DOC 11r200.00 RECORDED BY N Pinon Pss 0650 - 651; (2p9s) SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made this L9 day of June, 2007, between JOSEPH G. ARBOGAST, as the Donee of that Durable Power of Attorney dated April 16, 19" 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 OKEECHOBEE SR70 HOLDINGS, LLC., a Florida Limited Liability Company, of 3055 Cardinal Drive, Suite 300, Vero Beach, FL 32963-1687, GRANTEE; WITNESSETH, thatsaid Grantor, for and inconsideration ofthesumofTEN ($ 10.00)DOLLARS, and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's successors and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida, to -wit: S L DESCRIPTION ATTACHED AS EXHIBIT'W' AND the Gram eby enants with said Grantee that the Grantor is Iawfully 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 title to said land an a the same against the lawful chains of all persons whonnoever. IN WITNESS WHERE hereunto set Grantors' hand and seal the day and year first above written. i Signed, sealed and delivered in " � JOSEPH G. ARBOGAST, as the Donee of that presence of- 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 He Records of Okeechobee County, Florida and as Attorney -in -Fact for KEITH LEE ARBOGAST, SR BY: d�� �27Q OSE H G. ARBOGAS , as the Donne STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE The foregoing instrument was acknowledged before me this a 8,a, 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 o who has produced as identification Signature of Notary Public Printed name of Notary Myconurussionexpires: J v,r_ \a a01 [4168-73118. WPDj D. MC Notcry Public m Buncombe County �y Q �NCARO; t\ 0���� Book634/Page650 CFN#2007009267 Page 1 of 2 DESCRIPTION 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: COMNMNCING AT THE INTERSECTION OF THE CENTER13NE 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 EXTUNDBD; THENCE SOUTH 00°1421" EAST, ALONG SAID EASTERLY BOUNDARY OF GOVERNMENT LOT 2 EXTENDED, A DISTANCE OF 44.5•FEET•TO A POINT; THENCE SOUTH 8905449" WEST, ALONG THE SOUTHERLY RIGHT-OF-WAY OF S.R. 70 A DISTANCE OF 125.00 PEST TO THE POINT THENCE SOUTH 0001421" EAST, A DISTANCE OF 69053 CB NORTH 8905449" EAST, A DISTANCE OF 100.00 FEET TO A PO N THE WFSTERLY RIGHT-OF-WAY LINE OF S.B. 13TH AVENUE; THEN 0001421" EAST A DISTANCE OF 230.05 FEET TO TIM POINT OF R5 ON OF THE WESTERLY RIGH-OF-WAY LINE OF S.E.13TH A HOPKINS MEANDER LINE; THENCE NORTH 71-49'20" WEST, A DIS T 424.14 FEET; THENCE NORTH 00-03-47" WEST, A DIST 787 5 TO A POINT LYING ON THE SOUTHERLY RIGHT -OF -WA L 70; THENCE NORTH 89°5449" EAST, ALONG SAID SOUTHERLY RI F-WAY LINE OF S.R 70, A DISTANCE OF 300.00 FEET TO P BEGINNING Book634/Page651 CFN#2007009267 Page 2 of 2 C]=�� Kimley-Morn and Associates, Inc. September 7, 2007 047833002 Via Email and Federal Express 863/763-3372 Mr. William Brisson LaRue Planning and Management Services, Inc. 2427 Porter Lake Drive Suite 110 Sarasota, FL 34240 RE: Okeechobee SR70 Holdings, LLC Statement of Special Reason and Basis of Request Rezone Application and Comprehensive Plan Amendment Application Dear Mr. Brisson: Okeechobee SR 70 Holdings, LL.0 holds fee simple title to 628 acres of land in the City of Okeechobee_ The site presently is open pasture with one single family home and is located approximately 105 feet west of the intersection of State Road 70 (SR 70) and SE 13'h Avenue and fronts SR 70 for 300 feet_ The existing land use for the property is divided between Commercial and Single Family. The existing Commercial land use portion covers an approximate 250 foot depth along the SR 70 frontage or approximately 1.7 acres. The remaining 4.5 acres is under the Single Family land use designation. The existing Heavy Commercial (CHV) zoning covers an approximate 110 foot depth along the SR 70 frontage or approximately 0.8 acres and the remaining 5.5 acres is zoned Residential Multiple Family (RMF). Okeechobee SR 70 Holdings, LLC is requesting a small scale land use amendment and rezoning to bring the entire 6.28 acre parcel under the Commercial land use classification and CHV zoning_ A description of the proposed project and justification for the land use amendment and rezoning follow. ■ r T72 562 7981 FAX 772 5U 9M Stilb 30D 6DI 21st Street Vero Beath, FWda. 329W Kimley-Horn and Associates, Inc. L Frowsed Project Description Okeechobee SR70 Holding, LLC proposes to develop the 6.28 acre site into a commercial node that will consist of an 85 room national chain quality hotel, an approximate 3,400 square foot bank branch office, an approximate 5,500 square foot national chain, full service, restaurant and accessory retail, 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 13" 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. Accessory retail space and associated parking is located along the east property line and centrally aligned in the north/south direction. 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, restaurant, retail are all uses specifically authorized under the requested CHV zoning district. 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 development at maximum intensity. ❑ � © Kimley-Han and Associates, Inc. 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 C:NV. 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 improvement 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 proposed uses will be effectively buffered along the project site perimeter. b) 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. 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 estabb shed in the area surrounding the site and the site is the only remaining property south ❑� ❑ Kimley-Horn r and Associates, Inc. along the SR70 that is not yet consistent with the established density pattern. 9) 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. � ©Kimley-Horn and Associates, Inc. Future Land Use Element Policy 1.1: The proposed amendment is consistent with the City's policy of development approval conditional on the availability of facilities and services necessary to serve the proposed development and that the facilities meet adopted level of service standards. As part of the amendment review process the Okeechobee Utility Authority (OUA) will confirm the availability of the required potable water supply and capacity for wastewater disposal. It is the applicants understanding in speaking with representative of the OUA that this capacity exists. The included Traffic Tmpact Analysis reports that tra Me level of service is essentially unaffected and the development approval process will evaluate a stormwater management system based on the 25 year/24 hour design storm. Policy 1.2: The proposed amendment is consistent with the City's policy of continuing to ensure that needed public facilities will be in place prior to or current with new development through implementation of the Concurrency Management System. Presently, existing paved roads surround the proposed property. Both water and sewer services are run in proximity to the: proposed property to which the proposed development can easily tie into. All needed public facilities are currently in place. Policy 1 Q.3: The proposed amendment is consistent with the City's policy of enforcing land development regulations addressing the subdivision of land. Any potential subdivision of the proposed property will occur in compliance with existing land development regulations. Policy 12.1: The proposed amendment is consistent with the City's policy regarding the criteria, standards and related provisions established in the Land Development Code for reducing the impacts from any Land Uses that are not in conformance or are inconsistent with this Comprehensive Plan shall as a minimum: C) The proposed amendment is consistent with the City's policy of ensuring safe and convenient on -site traffic flow and vehicle parking needs through the Site Plan review process and off-street parking regulations. The proposed development's off-street parking and on -site traffic flow will be designed in compliance with the existing applicable land development regulations. This design will be presented to the City for review and comment to assure consistency with this policy. Kimley-Horn and Associates, Inc. D) The proposed amendment is consistent with the City's policy of ensuring that public facility, utility and service authorization has been procured prior to issuing any development order and that construction of said facilities, utilities, and service is concurrent with development. Verification of public facility, utility and service availability for the proposed project will be confirmed as part of the site planning process. E) The proposed amendment is consistent with the City's policy of providing that development orders and pernuts shall not be issued which result in u reduction of the level of services for affected public facilities. The Traffic Impact Analysis (FIA) prepared for this amendment request indicates that no lowering of level of service occurs as a result of this land use change. In discussion with OUA representatives the potable water and wastewater treatment capacity exists for intensity of development resulting in the change of land use_ Level of service for affected public facilities as directly relates to the proposed site, will be confirmed as part of the site planning process. Traffic Circulation[ Element Policy 4.1: The proposed amendment is consistent with the City's policy of implenic111nig a program to monitor and evaluate the impacts of existing and proposed development on the transportation system in order to ensure consideration of transportation issues in local land use decisions. The TIA report included with this amendment request analyzes the proposed development's impacts on the transportation system in order to identify any potential transportation issues. Consistent with the comprehensive plan the TIA concludes no lowering of level of service as a result of this land use change. Policy 6.3: The proposed amendment is consistent with the City's policy of enforcing provisions in its land development regulations, which meet or exceed FDOT standards to control access to arterial and collector roads by limiting new curb cuts and driveway permits, or other appropriate means. Potential roadway, driveway and curb designs for the proposed site will be completed in compliance with applicable land development regulations and FDOT standards. The possibility of re -designing the existing US Post Office access driveway on SR70 to a shared access driveway is presently being pursued. Acceptance of the shared driveway proposal will eliminate the need for an additional driveway access off SR70. Kimley-Horn and Associates, Inc. Policy 7.1: The proposed amendment is consistent with the City's policy of minimum peak hour operating levels of service to consistent with those set forth in the Florida Highway System Plan, Level of Service Standards and Guidelines Manual. As demonstrated in the Traffic Impact Analysis report minimum peak hour operating levels of service were examined for the proposed development and the Iand use change does not lower the level of service of SR70, a principal arterial. below level C. Policy 8.4: The proposed amendment is consistent with the City's policy.of cnforeino provisions in its land development regulations to require sidewalks in new commercial and residential developments which are subject to plat or site plan approval, to be linked where possible to the existing sidewalk system. The pedestrian sidewalk design for the proposed use will be linked to the existing sidewalk in the SR70 south right-of-way. Sanitary Sewer, Solid Waste Drainage Potable Water and Natural Groundwater Recharge Element Policy 1.5: The proposed amendment is consistent with the City's policy of interim drainage level of service standards. Stormwater treatment and disposal facilities shall be designed for a 25-year storm event of 24-hour duration. Such facilities shall meet the design and performance standards established in Section 17-25.025, FA.C. The first inch of stormwater runoff shall be treated on -site, pursuant to Section 17-3.051, FA-C. Stormwater discharge facilities shall be designed such that the receiving water body shall not be degraded below minimum conditions necessary to assure the suitability of water for the designated use of its classification as established in Chapter 17-3, F.A C. These standards shall apply to all development and redevelopment_ The proposed development's stormwater treatment and disposal facilities will meet the design and performance standards established in the applicable Florida Administrative Code. Site development under the proposed land use change will require the design of a stormwtaer management system that meets the comprehensive plan's stated standards. Polices_ The City of Okeechobee's land development regulation shall enforce stormwater drainage provisions which ensure that: ❑ Fj 19mley-Horn and Associates, Inc. (a) The proposed amendment is consistent with the City's policy of requiring new developments to manage runoff from the 25 year frequency, 24-hour duration design storm event on -ate so that post -development runoff rates, volumes and pollutant loads do not exceed pre -development conditions. The proposed development will examine pre and post -development runoff rates as part of the site planning process and will manage runoff in compliance with the existing applicable City land development regulations and South Florida Water Management District water duality standards. (b) The proposed amendment is consistent with the City's policy of ensuring stormwater engineering, design and construction standards for on -site systems are provided. Stormwater engineering, design and constntction standards for on -site systems for the proposed development will be provided as part of the site planning process and will occur in compliance with applicable land development regulations- (c) The proposed amendment is consistent with the City's policy of enforcing erosion and sediment controls are used during development. Erosion and sediment controls for the proposed development will occur in compliance with applicable land development regulations and best management practices_ The land development activity will be required to be covered by the. Florida Department of Environmental Protection general permit for stormwawr discharges associated with construction activities and the requirements associated with this permit coverage_ Conservation Element Policy 5.1: Tile City shall enforce provisions in its land development regulations to ensure that new development, regardless of its location in the City, meets the following conditions_ (a) The proposed amendment is consistent with the City's policy of ensuring that new development does not degrade water quality in Taylor Creek. The proposed development will develop a stormwater pollution prevention plan during the site planning process in compliance with land development regulations and other permitting agencies. The design of a stormwater management system for the purpose of treating stormwater runoff from the developed site is a requirement of site plan review by the City and South Florida Water Management District. Stormwater discharge will meet water quality standards asset by the Water Management District Kimley-Hom and Associates, Inc. (b) The proposed amendment is consistent with the City's policy of ensuring that new development does not threaten groundwater quality, particularly in the vicinity of municipal wells; The project site is not in the vicinity of a municipal water well or in the City's groundwater recharge area. Stormwater runoff that percolates into the local aquifer will be subject to treatment by the implemented stormwater treatment system. (c) The proposed amendment is consistent with the City's policy of ensuring that new development preserves existing wetland areas; The proposed development will complete an Environmental Resource Analysis to identify wetland areas during the site plaiming process and if necessary develop a preservation plan in compliance with land development regulations and other permitting agencies. (d) The proposed amendment is consistent with the City's policy of ensuring that new development avoids the disturbance of natural drainage features; The site is not located in an area that transects any existing natural drainage features. In preparation of the stormwater management plan the existing site drainage pattern will be maintained. (e) The proposed amendment is consistent with the City's policy of ensuring that new development preserves habitat for endangered and/or threatened wildlife species, if required, an Endangered Species Analysis to identify any endangered species and/or threatened wildlife species on the site will be presented during the site planning process. If necessary a preservation/mitigation plan compliant with the applicable land development regulations will be prepared and will consider preservation of the required habitat within the site boundary. Policy 6.6: The proposed amendment is consistent with the City's policy of the quality of water to be discharged from the new surface water management systems shall be subject to Federal, State, Regional and Local permitting programs and regulations that determine compliance with Federal, State and Local water quality standards. Stormwater discharges from development must meet relevant water quality and surface water management standards as set forth in Rules 62_ 62.-40, 62-302, 40E-4, F.A.C. and by local ordinance. The proposed development's stormwater treatment and disposal facilities will meet the design and performance standards established in the applicable Florida Administrative Code. Site development under the proposed land use change will require the design of a stormwater management system that meets the comprehensive plan's stated standards. ❑ � � lGmfey-Horn and Associates, Inc. Policy 6.7: The proposed amendment is consistent with the City's policy of requiring all new developments to meet the provisions of the SFWMD Volume IV, Basis of Review for Surface Water Management and local provisions pursuant to this Comprehensive Plan to protect surface water quality within the City. The proposed development will protect surface water quality in compliance with SF`WMD and applicable land development regulations. Any proposed development on the site will require review and approval of the stonnwater management system with regard to the water quality standards set by SFWMD. ] 375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Staff Report -Small Scale Comprehensive Plan Amendment Applicant Okeechobee SR70 Holdings, LLC/Kelly Kite Petition No. 07-012 SSA Staff Report Applicant: Okeechobee SR70 Holdings LLC Small -Scale Comprehensive Plan Amendment Petition No.: 07-012-SSA General Information Applicant: Okeechobee SR70 Holdings, LLC Applicant Address: 3055 Cardinal Drive Vero Beach, FL 32963 Applicant Phone Number: 772-231-9333, FX: 772-231-0033 Owner: Kelly Kite, Jr. Owner Address: As above Future Land Use Map Classification Single -Family Commercial Zoning District RMF CHV Use of Property Single -Family Residence, balance vacant Hotel and associated retail. Acreage Total parcel size is 6.27 acres, but SSA involves only 4.5 acres 4.5 acres Location: 1108 Highway 70 East Legal Description: BEING A PARCEL OF LAND LYING IN SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUN"IY. FI.ORIDA 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 71°49'20" 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. Staff Report Applicant: Okeechobee SR70 Holdings LLC Small -Scale Comprehensive Plan Amendment Petition No.: 07-012-SSA Request: 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 request is for a change in the land use designation on the Future Land Use Map for the 4.5 acre parcel from Single -Family Residential to Commercial. This application qualifies under Chapter 163 of the Florida Statutes as a Small -Scale Amendment to the Comprehensive Plan because it involves less than ten acres. Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: 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: Commercial CHV Vacant Commercial and Single -Family 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 fronting on SR 70 is already designated Commercial on the FLUM and zoned CHV and is the location for the proposed bank and restaurant. The southern portion of the property is the subject of the proposed amendment. The applicant is proposing to develop a hotel on the part of the site for which the amendment is being sought. However, if the Small Scale Amendment and rezoning are approved, the Applicant, or any future owner of the prop- erty, will not be rot required to limit future development of the site to any specific use, but may develop any use allowable within the Commercial land use category and zoning district applied to the property. 2 Staff Report Applicant: Okeechobee SR70 Holdings LLC Small -Scale Comprehensive Plan Amendment Petition No.: 07-012-SSA Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. The Applicant is requesting to amend the Future Land Use Map from Single Family to Commercial. As prescribed by the Comprehensive Plan, a hotel and related retail uses are contemplated as allowable uses within this land use category. The Applicant has submitted supporting statements relative to the proposed project's consistency with specific Policies in the City's Comprehensive Plan and which are provided as an appendix to this Staff Report. Staff does not disagree with the Applicant's assertions. B. Concurrency of Adequate Public Facilities Potable Water and Wastewater 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. Roadways 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 pro- posed project will impact both SR 70 and US 441/SR 7 to only a minor degree. In neither case does the project's impact amount to as much as 10% of the traffic volume associated with level of service "C" 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 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 3 Staff Report Applicant: Okeechobee SR70 Holdings LLC Small -Scale Comprehensive Plan Amendment Petition No.: 07-012-SSA 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: NE 101h Avenue and NE 13th Avenue. The impacts on these local roads are projected to represent only 4.29% and 5.36%, 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 NE 10`h 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 NE 131h Avenue. Solid Waste 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. Compatibility with Adjacent and Nearby Land Uses The SR 70 corridor has been developing into a commercial node within the City. SR 70 is the major east -west roadway through the City. Concentrated commercial development on this arterial will reduce the potential for increased traffic on major and minor collectors and local roadways in the City. A major land use amendment and rezoning has been approved on about 16 acres on the north side of SR 70. Frontage on the south side of SR 70 (the site of the out -parcels associated with the proposed development) 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 pro- posed commercial development through the use of stormwater retention facilities as a spatial buffer. .19 Staff Report Applicant: Okeechobee SR70 Holdings LLC Small -Scale Comprehensive Plan Amendment Petition No.: 07-012-SSA There are four single-family residences just south of the existing commercial uses on 13th street. These four properties abut the subject property's eastern boundary. If the plan amend- ment and requested rezoning are approved, buffering of these properties from the proposed commercial uses will need to be taken into consideration during site plan review. Conclusions Given the property's proximity to SR 70; ability to be compatible with surrounding uses; assessment of the availability of public services and facilities; and capability of ensuring compatibility with surrounding uses, Staff believes the requested amendment to designate the subject property Commercial on the FLUM is consistent with the City's Comprehensive Plan. Consequently, the Staff recommends approval. Submitted by: James G. LaRue, AICP October 10, 2007 1" LPA Hearing: 9-20-07 (postponed) Vt LPA Hearing: 10-18-07 Maps or Diagrams — FLUM and Property Appraiser Map Applicant's Project Description and Consistency with Comprehensive Plan Letters from Okeechobee Utility Authority Staff Report Applicant: Okeechobee SR70 Holdings LLC Small -Scale Comprehensive Plan Amendment Petition No.: 07-012-SSA Subject Property COMPREHENSIVE PLAN J LAND USE SINGLE - FAMILY MULTI FAMILY COMMERCIAL INDUSTRIAL PUBLIC FACILITIES -E 0 APPENDIX PROJECT DESCRIPTION AND CONSISTENCY WITH COMPREHENSIVE PLAN As submitted by the Applicant Okeechobee SR 70 Holdings, LLC holds fee simple title to 6.28 acres of land in the City of Okeechobee. The site presently is open pasture with one single family home and is located approximately 16 feet west of the intersection of State Road 70 (SR 70) and SE 13th Avenue and fronts SR 70 for 300 feet. The existing land use for the property is divided between Commercial and Single Family. The existing Commercial land use portion covers an approximate 250 foot depth along the SR 70 frontage or approximately 1.7 acres. The remaining 4.5 acres is under the Single Family land use designation. The existing Heavy Commercial (CHV) zoning covers an approximate 110 foot depth along the SR 70 frontage or approximately 0.8 acres and the remaining 5.5 acres is zoned Residential Multiple Family (RMF). Okeechobee SR 70 Holdings, LLC is requesting a small scale land use amendment and rezoning to bring the entire 6.28 acre parcel under the Commercial land use classification and CHV zoning. Future Land Use Element Polices The proposed amendment is consistent with the City's policy of development approval condit- ional on the availability of facilities and services necessary to serve the proposed development and that the facilities meet adopted level of service standards. As part of the amendment review process the Okeechobee Utility Authority (OUA) will confirm the availability of the required potable water supply and capacity for wastewater disposal. It is the applicants understanding in speaking with representative of the OUA that this capacity exists. The included Traffic Impact Analysis reports that traffic level of service is essentially unaffected and the development approval process will evaluate a stormwater management system based on the 25 year/24 hour design storm. Policy 1.2: The proposed amendment is consistent with the City's policy of continuing to ensure that needed public facilities will be in place prior to or current with new development through implementa- tion of the Concurrency Management System. Presently, existing paved roads surround the proposed property. Both water and sewer services are run in proximity to the proposed property to which the proposed development can easily tie into. All needed public facilities are currently in place. Policy 10.3: The proposed amendment is consistent with the City's policy of enforcing land development regulations addressing the subdivision of land in that any potential subdivision of the proposed property will occur in compliance with existing land development regulations. Policy 121:: The proposed amendment is consistent with the City's policy regarding the criteria, standards and related provisions established in the Land Development Code for reducing the impacts from any Land Uses that are not in conformance or are inconsistent with this Comprehensive Plan shall as a minimum: C) The proposed amendment is consistent with the City's policy of ensuring safe and convenient on -site traffic flow and vehicle parking needs through the Site Plan review process and off-street parking regulations. The proposed development's off-street parking and on -site traffic flow will be designed in compliance with the existing applicable land development regulations. This design will be presented to the City for review and comment to assure consistency with this policy. D) The proposed amendment is consistent with the City's policy of ensuring that public facility, utility and service authorization has been procured prior to issuing any development order and that construction of said facilities, utilities, and service is concurrent with development. Verification of public facility, utility and service availability for the proposed project will be confirmed as part of the site planning process. E) The proposed amendment is consistent with the City's policy of providing that develop- ment orders and permits shall not be issued which result in a reduction of the level of' services for affected public facilities. The Traffic Impact Analysis (TIA) prepared for this amendment request indicates that no lowering of level of service occurs as a result of this land use change. In discussion with OUA representatives the potable water and wastewater treatment capacity exists for intensity of development resulting in the change of land use. Level of service for affected public facilities as directly relates to the proposed site, will be confirmed as part of the site planning process. Traffic Circulation Element Policy 4.1: The proposed amendment is consistent with the City's policy of implementing a program to monitor and evaluate the impacts of existing and proposed development on the transportation system in order to ensure consideration of transportation issues in local land use decisions. The TIA report included with this amendment request analyzes the proposed development's impacts on the transportation system in order to identify any potential transportation issues. Consistent with the comprehensive plan the TIA concludes no lowering of level of service as a result of this land use change. 9 Policy 6.3: The proposed amendment is consistent with the City's policy of enforcing provisions in its land development regulations, which meet or exceed FDOT standards to control access to arterial and collector roads by limiting new curb cuts and driveway permits, or other appropriate means. Potential roadway, driveway and curb designs for the proposed site will be completed in compli- ance with applicable land development regulations and FDOT standards. The possibility of re- designing the existing US Post Office access driveway on SR70 to a shared access driveway is presently being pursued. Acceptance of the shared driveway proposal will eliminate the need for an additional driveway access off SR70. Policy 7.1: The proposed amendment is consistent with the City's policy of minimum peak hour operating levels of service to consistent with those set forth in the Florida Highway System Plan, Level of Service Standards and Guidelines Manual. As demonstrated in the Traffic Impact Analysis report minimum peak hour operating levels of service were examined for the proposed development and the land use change does not lower the level of service of SR70, a principal arterial, below level. C. Polio The proposed amendment is consistent with the City's policy of enforcing provisions in its land development regulations to require sidewalks in new commercial and residential developments which are subject to plat or site plan approval, to be linked where possible to the existing side- walk system. The pedestrian sidewalk design for the proposed use will be linked to the existing sidewalk in the SR70 south right-of-way. Sanitary Sewer, Solid Waste, Drainage, Potable Water and Natural Groundwater Recharge Element Policy 1.5: The proposed amendment is consistent with the City's policy of interim drainage level of service standards. Stormwater treatment and disposal facilities shall be designed for a 25-year storm event of 24- hour duration. Such facilities shall meet the design and performance standards established in Section 17-25.025, F.A.C. The first inch of stormwater runoff shall be treated on -site, pursuant to Section 17-3.051, F.A.C. Stormwater discharge facilities shall be designed such that the receiving water body shall not be degraded below minimum conditions necessary to assure the suitability of water for the designated use of its classification as established in Chapter 17-3, F.A.C. These standards shall apply to all development and redevelopment. 10 The proposed development's stormwater treatment and disposal facilities will meet the design and performance standards established in the applicable Florida Administrative Code. Site development under the proposed land use change will require the design of a stormwtaer management system that meets the comprehensive plan's stated standards. Policy 6.1: The City of Okeechobee's land development regulation shall enforce stormwater drainage provisions which ensure that: (a) The proposed amendment is consistent with the City's policy of requiring new devel- opments to manage runoff from the 25-year frequency, 24-hour duration design storm event on -site so that post -development runoff rates, volumes and pollutant loads do not exceed pre -development conditions. The proposed development will examine pre and post -development runoff rates as part of the site planning process and will manage runoff in compliance with the existing appli- cable City land development regulations and South Florida Water Management District water quality standards. (b) The proposed amendment is consistent with the City's policy of ensuring stormwater engineering, design and construction standards for on -site systems are provided. Stormwater engineering, design and construction standards for on -site systems for the proposed development will be provided as part of the site planning process and will occur in compliance with applicable land development regulations. (c) The proposed amendment is consistent with the City's policy of enforcing erosion and sediment controls are used during development. Erosion and sediment controls for the proposed development will occur in compliance with applicable land development regulations and best management practices. The land development activity will be required to be covered by the Florida Department of Environmental Protection general permit for stormwater discharges associated with construction activities and the requirements associated with this permit coverage. Conservation Element Policy 5.1: The City shall enforce provisions in its land development regulations to ensure that new development, regardless of its location in the City, meets the following conditions: (a) The proposed amendment is consistent with the City's policy of ensuring that new development does not degrade water quality in Taylor Creek. The proposed development will develop a stormwater pollution prevention plan during the site planning process in compliance with land development regulations and other 11 permitting agencies. The design of a stormwater management system for the purpose of treating stormwater runoff from the developed site is a requirement of site plan review by the City and South Florida Water Management District. Stormwater discharge will meet water quality standards as set by the Water Management District. (b) The proposed amendment is consistent with the City's policy of ensuring that new development does not threaten groundwater quality, particularly in the vicinity of municipal wells; The project site is not in the vicinity of a municipal water well or in the City's groundw- ater recharge area. Stormwater runoff that percolates into the local aquifer will be subject to treatment by the implemented stormwater treatment system. (c) The proposed amendment is consistent with the City's policy of ensuring that new development preserves existing wetland areas; The proposed development will complete an Environmental Resource Analysis to identify wetland areas during the site planning process and if necessary develop a preservation plan in compliance with land development regulations and other permitting agencies. (d) The proposed amendment is consistent with the City's policy of ensuring that new development avoids the disturbance of natural drainage features; The site is not located in an area that transects any existing natural drainage features. In preparation of the stormwater management plan the existing site drainage pattern will be maintained. (e) The proposed amendment is consistent with the City's policy of ensuring that new development preserves habitat for endangered and/or threatened wildlife species. If required, an Endangered Species Analysis to identify any endangered species and/or threatened wildlife species on the site will be presented during the site planning process. If necessary a preservation/mitigation plan compliant with the applicable land develop- ment regulations will be prepared and will consider preservation of the required habitat within the site boundary. Policy 6.6: The proposed amendment is consistent with the City's policy of the quality of water to be dis- charged from the new surface water management systems shall be subject to Federal, State, Regional and Local permitting programs and regulations that determine compliance with Federal, State and Local water quality standards. Stormwater discharges from development must meet relevant water quality and surface water management standards as set forth in Rules 62.-. 62.40, 62-302, 40E-4, F.A.C. and by local ordinance. 12 Woj6e more t -"tuasal it pk) M m back s Ici( - 8 At4 lo-et JX13 - iZtLIO EXN/e/T No. _ NO IF 6 -1s' READ EZN)'e/T NO. DEC 4 - RNAL 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 00114'21" 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 8905414911 EAST, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF SR70, A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING. BE 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 61h day of November, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 4day of December, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attomey James E. Kirk, Mayor Page 2 of 2 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*13—acre(s) - Planning Consultant. ,r', 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`" Avenue reiterated he did not want Southeast 13" 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. City of Okeechobee General Services Department 55 S.E. 3' Avenue, Room ].01 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: Q I 12 12 -] Petition No Fee Paid:506 Jurisdiction: --------------------- ---Hearing. y/aG/07 2nd Hearing: Publication Dates: Uniform Land Use.AppIication Rezone - Special 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 Klte Jr., Vice President N T Contact person daytime hone(-): 772/231-9333 Fax: 772/231-0033 e/ 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 of dwellings and whether occupied tifnone, so state): Single-family residence (including 1-house and 1-stable) Approximate number of acres: 6.27 is property in a platted subdivision? No is timre a current or recent use orthe properr that isilwas a kqolation of county nrdinnnce`' Et sr _describe: P R No O Have there been any land use applications concerning all or part of this property in the last year? 1f so, indicate date, P nature and applicant's name: No ` E R Is a sale subject to this application being granted? No T y is tite subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Yes Describe adjoining land uses / improvements to the North: Undeveloped (along SR 70) South, Single-family East: Commercial/Sin le-Famil 9 ywest: Commercial (USPS) Existing zoning: RMF Future Land Use classification: Single -Family Actions Requested: X) Rezone (_) Special Exception ( Variance Parcel Identification Number: Confirmation of Information Accuracy I hereby certify that tile information in this application is correcL 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 SSOO.Qj3;prisopmer ofup to 30 days and may result in the summary denial of this application. `m—��r�ilw d�Date Uniform Land Use Application (rev. vo3) Page I of 2 Current zoning classification: RM F Requested zoning classification: CHV g What is your desired permitted use under the proposed classification: E z Commercial - Hotel, Bank, Restaurant and General Retail D 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. j Variance? NO. Is a Special Exception necessary foryour intended use? No. - S P E C I A L E X C E P T l O 1\ V A It I A N C lE Describe the Special Exception sought: Provide specific I,DR ordinance citation: Are there other similar uses in the areai i-p so, describe: Why would granting your request be in the best interest of the area and residents? If business, briefly describe nature inck'din2 number ( cmployees- hours_ noise generation and activities to be conducted outsidr uia buildin�- Describe Variance sought: Describe physical characteristic of property that makes variance necessary: Did you cause or contribute to the characteristic? is so, describe_ What is the minimum variance necessary? Uniform Land Use Application (rEv- V(131 page ? 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. 3rd 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 ID #2-22-37-35-OAOO-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 rezonetheproperty 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: K ly te,jJr,, ice esident I 3055 CARDINAL DRIVE, SUITE 300 VERO BEACH, FLORIDA 32963 TEL(772) 231-9333 FAX (772) 231-0033 www.KITE PROPERTIESLLC.COM Ili{tI111�1NN1fl�1l1�1i�11111�1ifl��i�ti�n� 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 FXL.E HUM 2007009267 OR BY. 00634 PG 0650 SHAROH ROBERTSOMY CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY► FL RECORDED 071►32+12007 11:48:01 Art RECORDING FEES 18.50 DEED DOC 117200.00 RECORDED BY M Nikon P9s 13650 — 6511 (2Ps5) SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made this � 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 KETTH LEE ARBOGAST, SR-, of Post Office Box 201,Okeechobee, Florida 34973, GRANTOR, and OKEECHOBEE SR70 HOLDINGS, LLC., a Florida Limited Liability Company, of 3055 Cardinal Drive, Suite 300, Vero Beach, FL 32963-1687, GRANTEE, WTTNESSETH, that said Grantor, for and inconsideration ofthesumofTEN ($10.00)DOLLARS, andother good and valuable consideration to said Gralydor in band 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 eby 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 title to said land an e the same against the lawful claims of all persons whomsoever. IN WITNESS WHERE t s hereunto set Grantors' hand and seal the day and year first above written. litre JOSEPH G. ARBOGAST, as the Donee of that Signed, sealed and delivered in � Durable Power of Attorney dated April 16,1999 which presenceof. \ �% 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: ,�Q AM�H G. ARBOGA3 , as Mile STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE The foregoing instrument was acknowledged before me this ag 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, identification. R-, who is personally known to me or o who has produced _ Signature of Notary Public Printed name of Notary My commission expires: ,1 uta- ia-, DQ 1 (4168-73118 WPD) �XUt% l t l l l l I I h//��ii D. M0 ii���i � N Notary Public = Buncombe County CAIRO` �s����• Book634/Page650 CFN#2007009267 Page 1 of 2 Rezoning Request Preparedfor.- CitY of Okeechobee Applicant: Okeechobee SR70 Holdings, LLC-lKelly Kite, Jr. From: RMF To: CHV Petition No. 07-0 17 - I? Staff Report Rezoning Request Address: Phone Number: Contact Person Owner: Owner Address: Future Land Use Map Classification Zoning District Use of Property Acreage Single -Family Applicant: Okeechobee SR70 Holdings, LLC Petition No.: 07-011-R Okeechobee SR70 Holdings, LLC 3055 Cardinal Drive Vero Beach, FL 32963 772 231-9333, FX: 772-231-0033 Kelly Kite, Jr. As above Commercial RMF (5.5 acres), CHV (0.8 CHV acres) Single -Family Residence, Hotel and associated retail balance vacant 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 13' AVENUE AND THE HOPKINS MEANDER LINE; THENCE NORTH 71°49'20" 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 Rezoning Request Applicant: Okeechobee SR70 Holdings, LLC Petition No.: 07-011-R The applicant is interested in developing this property as amixed-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: Zoning District: Existing Land Use: East: Future Land Use Map Classification 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: Commercial CHV Vacant Commercial and Single -Family 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 CHVcat p bank and restaurant. The southern 5.5 acres is the subject o the requested rezoning frthe oroposed to CHV. he applicant is proposing to develop an 85-room hotel on the part of th e site for Rwh the rezoning is being sought. However, if rezoning is approved, the Applicant, or any future h 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 Staff Report Rezoning Request Applicant: Okeechobee SR70 Holdings, LLC Petition No.: 07-011-R The Applicant has submitted supporting statements relative to the proposed project's consistency d for granting rezoning petitions. These are provided in the appendix to with the findings require disagree with the Applicant's assertions. In addition, following his Staff Report. Staff does not 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 water capacity to provide for the potable o pter supply ies of these letters t ers areeprovidedsatosal needs the end of associated with the propose prof P 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 10t1i and SE 13'b Avenues will be insignificant. In none of these cases does the project's impact amount to as much as S�oe the taffic volue associated with eforer, the Applicant has stated that hepproject ted is of service for these roadways. ignificant impact on these roadways. deemed not to have a s m Staff Report Rezoning Request Applicant: Okeechobee SR70 Holdings, LLC 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: NE 10t' Avenue and NE 131h Avenue. The impacts on these local roads are projected to represent only 4.29% and 5.36%, 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 NE 10`b 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 NE 13 ' 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 Rezoning Request Applicant: Okeechobee SR70 Holdings, LLC 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. ill be commercial and will not create an inappropriate density The proposed uses w pattern nor have any impact on schools, and the utility needs of the project are within ility providers. The proposed commercial uses the available capacities of the local ut 0 Staff Report Rezoning Request Applicant: Okeechobee SR70 Holdings, LLC Petition No.: 07-011-13 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 10`t' 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 1301 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. 10. 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 1" LPA Hearing: 9-20-07 (postponed) 1S` LPA Hearing: 10-18-07 Maps or Diagrams — FLUM and Property Appraiser Map lrl Staff Report Rezoning Request Applicant: Okeechobee SR70 Holdings, LLC Petition No.: 07-011-13 Applicant's Project Description and Consistency with Comprehensive Plan Letters from Okeechobee Utility Authority Subject Property ZONING UWCDaPORaTED ` CBD C- CLT �'Y MID PUB w F K % BMH RSF1 Staff Report Applicant: Okeechobee SR70 Holdings, LLC Rezoning Request Petition No.: 07-011-R 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 13a' 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. 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 CITY. 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 13a' 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 lrxrsther oe ASS-=[ates Veto; h, F lore da 3 W Ref; f Ca 004 Request MIPMperfts Parcel: ID- 02`--37-35-OAOO-000-0000' Dear Mr. Goetzfried; In reference to a request of the availability of water capacity to the subject property, 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 pest twelve months (September 200 --August 2107), the combined finish maximum flow leaving the plants is approximately 2.8 ItlIGD. 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 w(der at 863.763,9460. Sincerely, j--� y, bhn F. Hayford, P—Ef Executive. Director Okeechobee Utility Authority CAN .1 T 0.0 hobo%: l4ly Horn, and Assocla 1101. 2-1 Sty, Suite .300 ro 'id * 32 : '00 lor a F 660* Ref 'Wastewater Capacity Request' Kite Properties Parcel ID: 2-22-37-35-OAOO-00004-0000 Dear Mr- Goelzfiied: 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 (I MGD). Currently, the annual average daily flow (September 2006 — August 2007) to the treatment facility is approximately 0.718 IVIGD utilizing about 7210 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, J- ',,—,lohn F- Hayfotd��. Executive Director Okeechobee Utility Authority EXNIBIT NO. 3 MAW NO. ORDINANCE NO. 1002 Nov 6 - fff A'FAa _ DEC 4-FINAL 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. 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), 151h 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 9TM 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 10TM 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 36 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 176 FEET; THENCE WEST 240 FEET; THENCE SOUTH 176 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 LOT 5 FOR A DISTANCE OF 199.7 FEET TO 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 164.76 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 FEET 48 INCHES WEST ALONG THE SOUTH LINE OF SAID SECTION 21 TO THE INTERSECTION WITH THE WEST RIGHT- OF-WAY LINE OF SOUTHWEST 7TM 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 7TM AVENUE A DISTANCE OF 199.84 FEET' THENCE BEAR SOUTH 89 DEGREES 45 FEET 48 INCHES WEST, A DISTANCE OF 155.43 FEET TO 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 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" 1N O.R. BOOK 681, 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 LINE OF SECTION 21 AFORESAID, A DISTANCE OF 56.6 FEET; FEET FOR A POINT OF BEGINNING; THENCE EAST PARALLELING SAID NORTH SOUTH THENCE 176.0FEET; 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-Residenital (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. ECTION 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 remaining provisions and portions of this ordinance shall remain in full force) and effect. SECTION S. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. Page 3 of 4 INTRODUCED for first reading and set for final public hearing on this 6' day of November, 2007. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 4tn day of December, 2007. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 4 of 4 Uniform Land Use Application Rezone • Special Exception • Variance ✓ Name of property owner(s): 15'" 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 Raseo, CFO for Owners Applicant mailing address: 701 Brickell Avenue, Suite 1740, Miami, FL 33131 ,C A' Name of contact person (state relationship): John D. Cassels, Jr., Attorney for Owners T . Contact person daytime hop s : 863/763-3131 Fax:: 863/763-1031 ✓ Property address / directions to property: Southwest 91 Street South to Southwest 151 Street Indicate current use of property: Single family/vacant/natural pasture Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state)_ 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 - 151 Street Homes, LLC R:: T 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 (RSFI) South: RSF East: RSFI NE: Church West: RSFI Existing zoning: RSF1 and Holding ` Future Land Use classification: Single family (SF) Actions Requested: ( X ) Rezone (_) Special Exception (_) Variance Parcel Identification Number: See attached exhibit ✓ 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 anP onment of up to 30 days and may result in the summary denial of this application. Jose Rasco 8��� Q 7 Sienature Printed Name Date Uniform Land Use Application (rev. 1/03) Page 1 of 2 Current zoning classification: RSF1 and Holding Requested zoning classification: Planned Unit (PUD-R) R What is your desired permitted use under the proposed classification: ''.' Z= Residential Single Family Homes 0 If granted, will the new zone be contiguous with a like zone? No Is a Special Exception necessary for your intended use? No Variance? No Describe the Special Exception sought: 77 S' P_. Y C`. Provide specific LDR ordinance citation: A =' Are there other similar uses in the area? Is so, describe: C E is Why would granting your request be in the best interest of the area and residents? P T:' I I r If business, briefly describe nature including number of employees, hours, noise generation and activities to be N conducted outside of a building: Describe Variance sought: V s-_ A' R ' Describe physical characteristic of property that makes variance necessary: I ,;:: AI N. C Did you cause or contribute to the characteristic? Is so, describe: N What is the minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 UGI. 1.2001 1:18FM CASSELS & McCALL 863-763-1031 151h Street Flomes LLC 701 Brickell Avenue, Suite 1740 Miami, FL 33131 August 1, 2007 Brian Whitehall, Administrator City of Okeechobee 55 S.E. 3`4 Avenue Okeechobee, FL 34974 RE: The Lakehouse - Okeechobee, Florida Dear Mr. Whitehall• NO. 4166 P. 2 Please be advised that I am the manager for 15th Street Homes, LLC, which is the fee title holder ofthe parcel sought to be developed as The Lakehouse in the City of Okeechobee. My intention is to develop the property as a project containing only single fanuly residential opportunities. This letter constitutes the owner's acknowledgment and authorization of the request to re -zone to accommodate The Lakehouse planned unit development. I also confirm Jose Rasco's authority to act on behalf ofthe company and to serve as the applicant for any and all petitions required to obtain the necessary governmental approvals for this project. Sincerely, I5" STREET HOMES LLC Jua e, Manager STATE OF FLORIDA COUNTY OF &b r ,r --1-arz,, Sworn to and subscribed before me this J�day of August, 2007, by JUAN D_ CALLE, who is personally known to me or who has produced as identification. NOTARY LIC, STATE OF FLORIDA My Commission Expires: (4107-70825.WPDj RE IOIC� 60ETtUS 3'• g N0WYPU C-6te dFlodda � •�rCon�s�ionE�rAbrze.Zoos Co ff&*nt0041ZSI . ®aklse Maliod Assn. JOHN D. CASSELS, JR., P.A. LAURA ANN McCALL, P.A. LAW OFFICE OF CASSELS & McCALL m orr,, svdl lozJrNinn�J�aoela/iarM 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 15`' Street Homes, 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 concurrency 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 ssary. With the 210 Equivalency Units (EU's) and is in the process of negotiating for the balance nece announcement by the Okeechobee Utility Authority of the proposed plant expansion, there will be [4107-73842. WPD] Mr. James G. LaRue August 27, 2007 Page 2 adequate EU's available for this project which is anticipating a four year build out. Naturally, the developers of the Lakehouse are in the process of addressing City concurrence requirements and have conducted a traffic analysis. A copy of the report is attached which indicates little off -site road infrastructure improvements being necessary due to the multiple means of ingress and egress from the project. In fact, traffic circulation in the area should be enhanced due to the construction of Ninth Street and Fifteenth Street, by means of a central boulevard through the Lakehouse community. Drainage issues are summarized in Exhibit "F" and utilities in Exhibit "G" attached to the application. The project will undergo significant engineering and water management district review prior to final permitting. The project will also receive additional scrutiny as a result of the regulated resources and Bald Eagle nest depicted in Exhibit "E". In summary, given the small remaining amount of undeveloped acreage within the City Limits, the Lakehouse presents a rare, and perhaps unique, opportunity to utilize the planned unit development ordinance to realize a community affording a mix of residential housing needs for residents and those moving into the community. This unified development should be preferred over some of the historic small scale developments, which by their very nature, create traffic and drainage interface problems with neighboring properties. Under a master property owners association, the community will be able to maintain its own preserves and common areas while at the same time providing a unique housing alternative for our growing community. As planned unit developments are not common within the City, the development team consisting of LBFH, The Evans Group, Northstar Geomatics, Ecological Consulting of Florida, the Ball Group, Inc., as well as our office, look forward to meeting with you and other county officials to review and discuss in detail the types of assurances which will be understandably required by the City and included in the newly adopted PUD enabling ordinance. We also stand ready and willing to provide additional information or clarification as you may need as you undertake the review process. Finally, I am enclosing my firm's check in the amount of $1,530.00 to support the application for re -zoning of the Lakehouse property. It is my understanding that the $500.00 fee has been waived, due to the non -start of the last petition due to the Comprehensive Plan rejection. With kindest regards, I am Sincerely, ohn D. Cass , Tr. JDC/msp Enclosures: As stated [4107-73842. WPD] Exhibit A.l - Project Location Map w/ Aerial [4107-70848. WPD] Exhibit A.2 - Project LocationMap w/o Aerial [4107-70848. WPD] Okeechobee County Property Appraiser - Map Printed on 8/13/2007 11:14:18 AM Page 1 of 1 Okeechobee County Property Appraiser 0 260 520 780 ft W.C. "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 — Zt PARCEL: 2-21-37-35-OA00-00006-B000 -SINGLE FAM (000100) =, W F ALL THAT PART OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 Mlr. EAST, OKEECHOBEE COUNTY, Name: 15TH STREET HOMES LLC LandVal $2,032,506.00 Site: 0 SW 2ND ST, Okeechobee BldgVal $47,674.00 701 BRICKELL AVENUE SUITE 1740 ApprVal $2,080,488.00` Mail: MIAMI, FL 33131 JustVal $2,080,488.00 F, 12l23l2005 $0.00 V / Assd $2,080,488.00 U Exmpt $0.00 'Sales 11/30/2005$2,696,700.00 Q Taxable $2,080,488.00 Info 4/16/2003 $0.00 U! This information, Last Updated: 7/23/2007, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes- http://www.okeechobeepa.com/GIS/Print Map. asp?pj'bol 1 bchhj bnllgcafcci fhojiaehdomhloa... 08/ 13/07 INC. CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEYING & MAPPING CIS "Partners for Results Value by Design" 421 N.W. 3"Sireet Okeechobee, FL 3497? (863) 763-8999 FAX: (863) 763-6692 Project No. 05-0260 ADDITIONAL PROJECT STATEMENTS THE LAKEHOUSE OKEECHOBEE, FLORIDA Proiect 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 9`h Street to the north, SW 15`b Street to the south, existing single family residential and SW l0a' Avenue to the west, and existing single family residential and SW 76, 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. 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 Exhibit A.3 - Conceptual Site Plan [4107-70848. WPD] Okeechobee County Property Appraiser - Map Printed on 8/27/2007 3:39:23 PM Page 1 of I Okeechobee County Property Appraiser ° °•05 °.1 °•15'"' W.C. "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 PARCEL: 2-21-37-35-OAOO-OOOO6-B000 - SINGLE FAM �000100> ALL THAT PART OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 S EAST, OKEECHOBEE COUNTY, Name: 15TH STREET HOMES LLC LandVal $2,032,506.00 Site: 0 SW 2ND ST, Okeechobee BldgVal $47,674.00 124-V 1 701 BRICKELL AVENUE SUITE 1740 ApprVal $2,080,488.00 �,Mail:MIAMI, FL 33131 JustVal $2,080,488.00V / Assd $2,080,488.00 12/23/2005 $0,00 U Exmpt $0.00 (Sales II/'zn/2no5%2.696.700.00v/ Taxable $2,080,488.00 This information, Last Updated: 8/27/2007, was derived from data which was compiled by the Okeechobee County Property Appraisers Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes- http://www.okeechobeepa.com/GIS[Print Map, asp?pj boiibchhj bnli gcafccj fbojiaehdomhloa... 09/27/07 15'h Street Homes LLC 701 Brickell Avenue, Suite 1740 Miami, FL 33131 August 1, 2007 Brian Whitehall, Administrator City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 34974 RE: The Lakehouse - Okeechobee, Florida Dear Mr. Whitehall: Please be advised that I am the manager for 15' Street Homes, LLC, which is the fee title holder ofthe parcel sought to be developed as The Lakehouse in the City of Okeechobee. My intention is to develop the property as a project containing only single family residential opportunities. This letter constitutes the owner's acknowledgment and authorization of the request to re -zone to accommodate The Lakehouse planned unit development. I also confirm Jose Rasco's authority to act on behalf ofthe company and to serve as the applicant for any and all petitions required to obtain the necessary governmental approvals for this project. Sincerely, 15`h STREET HOMES LLC Ju lle, Manager STATE OF FLORIDA COUNTY OF 1u A Sworn to and subscribed before me this ' +day of August, 2007, by JUAN D. CALLE, who is personally known to me or who has produced as identification. NOTARY PUBLIC, STATE OF FLORIDA My Commission Expires: [4107-70825. W PD] ••���; �,•••,,, REJOICE BOETIUS NY - sloe of Fbft 'F.4� • • w # DD 41122351. Zoos Bw►ded NeY" Notary Alan. LODOC II, LLC Post Office Box 912 Okeechobee, FL 34973-0912 October 17, 2007 City of Okeechobee Planning Board c/o Department of General Services 55 SE 3`d 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 I 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 simgle 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, G. Kelley Johnson Managing Partner LODOC II LLC 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. 11 The alleys will be built to the City road standards. Hydrants will have to be supplied in 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 Brian Whitehall, Chairperson 5 City of Okeechobee 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 55 S.E. Third Avenue . Okeechobee, Florida 9 34974-2932 ® 863-467-1586 . Fax: 863-763-4489 CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS OCTOBER1 1 SUMMARY OF BOARD ACTION D. 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 51h 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 7`h 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. Board Member Maxwell also inquired about the drainage. Mr. Sumner stated the drainage system 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 71" 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 71' 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. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Rezoning Request Prepared for: City of Okeechobee Applicant 07-013-R, The Lakehouse PUD-R Staff Report Application No.: 07-011-TRC Site Plan Review Applicant's Name. The Lakehouse I General Information Applicant: Jose Rasco, CFO for Owners Applicant Address: 701 Brickell Avenue, Suite 1740 Miami, FL 33131 HIM 15 Street Homes LLC/Montebello Owner: 13 LLC, Joint Venture Owner Address: 701 Brickell Avenue, Suite 1740 Miami, FL 33131 Legal Description of Subject Property: PARCELI: All that part of Section 21, Township 37 South, Range 3.5 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 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-OA00-00006-13000 PARCEL II: 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, 2 Staff Report Site Plan Review Application No.: 07-011-TRC Applicant's Name. The Lakehouse Township 37 South, Range 35 East. LESS AND EXCEPT the East 160 feet. Parcel ID#: 2-21-37-35-OA00-00027-13000 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-OA00-00027-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 00018'09" West along the East line of those lands described in Official Records Book 153, Page 803 a distance of 97.24 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 I" 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 3 Staff Report Application No.: 07-011-TRC Site Plan Review Applicant'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. AND 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 General Description: This is an application to rezone approximately 50.8 acres from RSF1 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 9th and 15th Streets and between SW 7`h and SW loth 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 RSFl 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 11 Staff Report Site Plan Review Application No.: 07-011-TRC Applicant's Name. The Lakehouse Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Single -Family Zoning District: RSFl 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 -Family Zoning District: EEEA RSF1 Existing Land Use: Single 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). 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°10) Minimum Open Space @ 40% = 20.32 acres 22.18 acres (43.70/,) 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 5 Staff Report Application 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: 2 Staff Report Application No.: 07-011-TRC Site Plan Review Applicant'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) Following are the Staff comments pertaining to the nine required findings under Sec. 70-430. I. 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 RSFl 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 17 Staff Report Site Plan Review Application 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 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 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 IIth 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 use patterns. 8 Staff Report Application No.: 07-011-TRC Site Plan Review Applicant'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 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 9 Staff Report Site Plan Review Application 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 Hearing date: October 18, 2007 Attachments Maps or Diagrams — FLUM and Property Appraiser Map Ordinance U Staff Report Site Plan Review Application No.: 07-011-TRC Applicant's Name: The Lakehouse Subject Property City of Okeech�bee Future Land Use Map ft 11 ;- �- { � ;ram 1�:, E I$j[ �' f y i � 1, � 1� M� �� � ¢ �2 �' # L �.__ � t 1� � � �� � � rj ,, ( F � �. s _�� �� � � �:' S %��°i .€ � } ram, �pf'� F j�l n a A v � � �. a .. � I _ ' .-- —�- � '� f �,.. }h��. �' } 3 "i '� Y � � � �"�jj;: r �,y,. � � � � �� � �. ice.+' g , � `� .. � �s a� � � ate. � � ,-r--^- u. �� SF :�s i _ k � � r �li�yi,, m� i� r �-, r +'� � { � � _ ' � � ., t` �. Exhibit K - Ownership & Property Appraiser's Summary [4107-70848. WPD] AUG. 1.2007 9:30AM CASSELS & McCALL 863-763-1031 N0.3506 P. 1 AUG— . Property Appraiser's Office Information Request Form for the City of Okeechobee Property0wnerNanne 15th Street Homes LLC/Montebello 13, LLC, joint Venture Parcel ldentificationNumber: See attached or Owners Contact'PersonName: John D. Ca-- 3x., Attorne f ContactPerson PhoneNumbex: 863 / 7 63-3 Z31 Requested items needed by: Au ust 20, 2007 Project'X'ype= (Circle One) Rezoning items Needed: from Location Map 100' surrounding property the outermost portion of subject property 5ttrroundino Property Owners 300' from the outermost portion of subject propel tV Variance Items Needed: Location Map 100' surrounding property from outermost portion of subj ect property Surrounding Property O"ers 300' from the outermost portion of subject property Special FXceptiom Items Needed: Location Map 100' surrounding property from the outermost portion of subject properly Surrounding Property Owners 300' from the outermost portion of subject propem Future Land Use Map Amendment Items Needed: Location Map 100' surrounding property from, the outermost portion of subject property In formation is provided by the Okeechobee Property Appraisers Office. You may baud deliver this request fornn or fax it to the following attention: Walt 'Traylor Okeechobee County Property Appraisers Ogee 307 NW 5"' Avenue Phoue: (863) 7634422 Fax- (863) 763-4745 JUL. J1.ZUUI 3:IOPM CASSELS & WCALL 863-763-1031 NO.3486 P. 1 Property Appraiser's Office Information Request Form for the City of Okeechobee PrOpertyOwnerName- 13th Street Homes, LLC/Montebello 13, LLC, Joint Venture 2 Parcel Identification Number: See attached Contact Person Name: John D. Cassels Jr., Attorney for Owners Contact Person phone Number: 863 / 763-3131 Requested items needed by: A,igust 20, 2007 Project Type_ (Circle One) Rezoning Items Needed: Location Map 100' surrounding property from the outermost portion ofsubject property Surrounding Property Owners 300' from the outermost portion of subject property Variance Items Needed: Location Map 100' surrounding property from outermost portion of subject property Surrounding Property Owners 300' from the outenmost portion of subject property Special Exception r Items Needed: Location Map l 00' surrounding property from the outermost portion of subject property Surrounding Property Owners 300' froizl the outermost portion of subject property Future Land Use Map A.paeudtnent Items Needed: Location Map 1 00'surrounding property from the outermost portion of subject property Information is provided by the Okeechobee Property Appraisers Office. You may hand deliver this request form or fax it to the following attention: Walt Taylor Okeechobee County Property Appraisers Office 307 NW 5' Aveoue Phone: (863)-7634422 Fast: (863) 763-4745 AUG. 1.2007 9:30AM CASSELS & MCCAII 863-763-1031 N0.3506 P. 2 parcel Identification. Numbers for 15`b Street Homes, LLC and Montebello 13, LLC 2-21-37-35-OA00-00006-A000 - 2�21-37-35-OA00-00027-0000 6 2-21-37-35-OA00-00027-A000 _ 2-21-37-3 5-OAOO-00027-B000 2-21-37-3 5-OA00-00028-A000 2-21-37-35-OA00-00028-0000 - A Traffic Impact Analysis of The Lakehouse Located in: Okeechobee, Florida Prepared for: The Evans Group Okeechobee, FL Prepared by: LBFH Inc. Consulting Civil Engineers, Surveyors & Mappers 3550 SW Corporate Parkway Palm City, Florida 34990 (772) 286-3883 LBFH Project No. 05-0260 Boyle Project No. 31629 August 15, 2007 LEc Gia� e, PE PE Reg #c,6387 G8-15-07 Exhibit I - Traffic Analysis 14107-70848.WPDj ,d by and return to: Jonathan Bloom President Reliable Title Services, Inc. 2295 NW Corporate Blvd. Suite 117 Boca Raton, FL 33431 File Number: Altobello-Rio2 Will Call No.: [Space Above This Line For Recording Iiilllllllllllllf IIIIIIIIIIIIIIIIIIIIfIIIIIIIIIIillllilllllf FILE 1�lUt'1 �►Dr������+SU,_, 9 F6 g,y SHARDN RDBERTSDN, CLERK, OF CIRCUIT COURT OY.EEGHOBEE COUNTY, FL RECORDED t)2/r)B/20t16 02:36:11 FM RECORDING FEE5 DEED DOC 0.70 27.Ot] RECORDED BY R Parrish Corrective Warranty Deed to correct Scribner error in legal description This Warranty Deed made this �I�y of a married man and as trustee of th200� between Frank Altobelio, Individually as e Frank Altobello Charitable Remainder Trust 11I, dated April 16, 2003, as to a 2/3 Interest, and Mildred Frances Altobello as to a 1/3 Interest, whose post office address is PO Box 417, Okeechobee, FL 34973, grantor, and 15th Street II� a Florida limited liabilitycompany Brickell Avenue, Suite 1740, Miam' 33 parry whose post office address is 701 grantee: (Whenever used berein the terms "grantor' o individuals, and the successors and assigns of Witnesseth, that said grantor, for and ",-- good and valuable considerations to said grants has granted, bargained, and sold to the said situate, lying and being in Okeechobee Cotiuy ally the Parties to this instrument and the heirs, legal repre a tatives, and assigns of of the sum of TEN AND NO/100 DOLLARS ($10.00) and other �)aid by said grantee, the receipt whereof is hereby acknowledged rantee's heirs and assigns forever, the following described land, i�it ALL THAT PART OF SECTION 40,�t7 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, LYING KS 249 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 SW 9TH STREET; NORTH OF SW ISM 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 SW 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; 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. 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. SAID PARCEL CONTAINING 49.03 ACRES, MORE OR LESS. Parcel Identification Number: 2-21-37-35-OA00-00006-B000O Note: The property being transferred is not the homestead property of the Grantor. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2005. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Lk Altobello, Trustee and Individually I e (�) Bred W-1 Frances lwbello State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this �3day of December, 2005 by Mildred Frances Altobello, who YIV%] is personally known or[ ] has produced a driver's license as identi on. - [Notary Sea]] otary Public , Printed Name: , �s 3USANWtWAM3 My Commission Expires: '00 V. :,. MY COMMISSION,# DD 134481 ' EXPIRES November 16, 2068 ea,e.nmor+a.YPUMLk� OR EK 00-590 PG 084.7 State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this �tdday of December, 2005 by Frank Altobello, Individually and as Trustee, as trustee of the Frank Altobello Charitable Remainder Trust 11I, dated April 16, 2003, who 00 is personally known or [ ] has produced a driver's license as identification. [Notary Seal] Notary Public SUSM WI U46 Printed Name: sUSLt Nl LC/� ��I Qt vY1�3 c MY (bMMU ON # DD 184481 tir ,w to, MY Commission Expires: ..AJ&v.16, ��_ Exhibit M - Owner's Authorization [4107-70848. WPD] Exhibit J - Legal Descriptions [4107-70848 WpD] TRAFFIC SURVEY SPECIALISTS, INC. Site Code = 00060261 �'- 624 GARDENIA TERRACE �""�`=^T^'^ Start Date: 30/26/06 NORTH PARK STRA1b1M r� . OKEECHOBEE, FLDRIDA DELRAY HEACH, PAX FLORID 272-4 File I.D. NPARKSAV COUNTED BY: NORA NAVARRO (561) 272-3255 PAX (561) 272-4381 Page 4 SIGNALIZED ALL VEHICLES -'------'---------'------ -- ----'----------------------------- INORTH PARK STREET STH AVENUE _ INORTH PARK STREET I5TH AVENUE From West I From North IFrom East IFrom South i I I I Left I Total Right .Thru UTurn Left I Right Thru UTurn Left IRighe Thru U'A3rz: Left I Right Thru DTvrn Date 10/26/06 -------------------------- ------------""---- - -------- -- Peak Hour Analysis By Entire Intersection for the Period: 16:00 to 18:00 on 10/26/06 19:45 I Peak star 16.45 Volume 611 934 0i It Percent 504 OR 324 I 2t Bair Oir SOa I aBt 33s 0t 36i I 662 I Pk total 265 I 938 I 311 17:30 I 17:15 I. 17:15 I Highest 17:00 I. 5 237 0 21 I 21 35 0 37 I 12 162 0 2 I Volume 22 72 0 39 I _ I - I Hi total I 2 ( I I PHF & Ap % I STH AVENUE 491• 1321• 841 7 104 23 134 ( � 399 {f, - 23 NORTH PARK STREET 119 822 990 49 7 1,652 613 3 • 42 ALL VEHICLES Intersection Total 785 613 01� L a8 NORTH PARK STREET 93 132 42 267 5TH AVE 578 NORTH PARK STREET 6 FIFTH AVENUE OKEECAOBEE, FLORIDA COUNTED BY: NORA NAVARRO SIGNALIZED TRAFFIC SURVEY SPECIALISTS, INC. 624 BARDMIIA TERRACE DELRAY BEACH, FLORIDA 33444 (561) 272-3255 FAX (561) 272-4381 Site Code : 00060251 Start Date: 10/26/06 File I.D. : NPARXSAV Page 3 ALL VEHICLES -------- - - ----------------------- STA AVENUE NORTH PARK STREET 15TH AVENUE From North 1From East 1NORTH PARR STREET' 8rom south From Went I 1 . I 1 Right Thru UTurn Left I Right Thru UTurn Left I Right Thru UTurn Le Date 10/26/06ft I Right Thru UTura Left I Total ________________ Peak Hour Analysis By Entire Intersection for the Period: 11:00 to 13200 on I0/26/06 --------------- Peak start 12,00 1 12.00 ' 1 12,00 Volume 23 106 0 61 1 43 637 0 - 57 I BO 104 0 75 1 13..00 545 p Y4 1 Percent 1216 56ir 0} 321F 1 6% 864 0* 8• i 31ir 40R of 29i I I Pk total 190 6t 90� Oi 4t1 737 1 259 Highest 12:DO I 1 1 12:00 I 12:45 12, 1 12s45 1 Volume 9 - 46 0 28 1 11 165 0 16 1 22 34 0 21 1 17 140 0 10 I Hi total 83 1 192 1 77 167 PHF .57 1 .96 I 1 1 .84 .91 1 .91 I 5TH AVENUE 0 - 23 I06 61 24 104 43 ----- ------ ------ ------ 0 23 106 61 171 0 0 190 NORTH PARK STREET 361 43 43 75 ALL VEHICLES 637 735 23 637 F737 637 24 24 1,341 1,423 57 • 545 57 545 606 Intersection Total 1,792 61 686 545 37 80 37 459 NORTH PARK STREET f--'-- 259 57 75 • 104 8 106 37 ------ --- 200 75 ---104 8 5TH AVENUE a TRAFFIC SURVEY SPECIALISTS, INC. Site Code : 00060251 - 624 C,%RDENIA TERRACE - Start Dates 10/26/06 NORTH P DELRAY BEACH, FLORIDA 33444 File I.D. s NPARKSAV OXEECHOBBE, FLORIDA (561) 272-3255 FAX (561) 272-4381 Page s 2 COUNTED BY: VORA NAVARRO SIGNALIZED ALL VEHICLES ----------I---'- ----------------------------------------------- -- INORTN PARK STREET ------------------------- STH AVENUE 5TH AVENUE NORTH PARK STREET IFrom South IFrom west - Ia From North From East I I UT Left I Total I UTurn Left I Right Thru UTurn Loft I Right Thru Right Thru UTurn Left I Right Thru ------ --------------------------'--- -------------------------- Date 10/26/06------- Intersection fox the Period: 07:00 to 090030n 10/16/06 07:30 I Peak Hour Analysis_BY Entire VMS I Peak start 39k Oi 27} aft 0• 7R Percent 111b 63% 04 264 I 89r 773 0! 16% I 34% 1 245 ' 674 I I Pk total 124 571 I 08s00 I 022 I D21 164 13 I 21 8 Highest Oa:15 0 9 I 125 D 36 I _ 34 35 0 I 193 I Volume 5 21 I 183 _I 82 I I Hi total 35 AMMIML PHF mmw 1 I 5TH AVENUE 14 - 78 32 45 96 - 43 ----- - ------ ------ 184 43 ( 308 NORTH PARK STREET • ALL VEHICLES (-- 439 65 439 518 14 45 1,192 548 8 81 Intersection Total 664 548 Nommum 84 NORTH PARK STREET 493 0 89 78 81 -------65 - 84 - - - -0 248 96 5TH AVENUE NORTH PARK STREET E- FIFTH AVENUE OKEECHOBEE, FLORIDA COUNTED BY: NORA NAVARRO SIGNALIZED TRAFFIC SURVEY SPECIALISTS, INC. 624 GARDENIA TERRACE DELRAY BEACH, FLORIDA 33444 (561) 272-3255 FAX (561) 272-4381 ALL VEHICLES Site Code : 00060251 Start Date: 10/26/06 File I.D. NPARXSAV Paow � - STIT- AVENUE From North NORTH PARK STREET From Bast ISTH AVENUE From South _ NORTH PARK STREET From West ' .. I. -------------------------------------------- _ --- Right Date 10/26/06*________________ Thru -Turn . Left I ------ t Thru T%11trn Left I Right Thru UTurn Left I Right Thru UTurn Left Total 07:DO 07e.5.. 07:30 07:45 Hr Total 2 2 1 3 8 9 5 15 23 sa 0 0 0 0 0 2 5 6 7 20 4 4 9 22 39 83 102 98 125 408 0 0 0 0 0 6 15 19 36 76 9 8 13 20 50 10 7 7 38 62 0 0 0 0 16 21 19 17 9 14 25 21 113 132 .. 164 D 0 0 0 2 2 10 8 265 317 317 43 484 0 73 69 530 0 22 1409 Mao 08:15 . DB:30 08:45 Fir Total 5 5 4 2 16 19 21 18 17 75 0 0 0 0 D 10 9 8 9 36 7 5 6 8 26 112 104 109 118 443 0 0 0 0 0 23 ( 11 8 12 54 I 34 17 13 15 79 35 16 20 20 91 0 0 0 0 - 13 16 - 12 13 21 14 .4 16 - 143 120 129 132 0 0 0 0 25 12 6 6 437 350 337 368 0 54 55 524 0 39 1492 --------- • BREAK • 11:00 11:15 11:30 11:45 Hr Total 6 4 2 6 28 15 _ 12 16 25 66 0 0 0 0 0 10 16 22 21 64 8 11 2 B 29 136 152 149 139 576 0 0 0 0 0 11 11 12 9 43 14 11 20 13 5a 13 21 20 22 76 D 0 0 0 29 15 ' 16 24 7 9 11 5 123 118 162 152 0 0 0 0 1 3 6 4 363 383 ' 440 428 1614 0 76 32 555 0 14 j 12:00 12:15 12:30 12:45 Fir. Total 9 4 8 2 23 46 21 23 16 206 0 0 0 0 0 28 11 f 10 12 61 11 11 12 9 43 165 146 154 172 637 0 0 0 0 0 16 21 14 6 57 24 18 16 80 25 26 19 0 0 0 18 17 19 7 5 8 137 140 128 0 0 0 7 3 ! 4 493 423 415 1792 792 104 0 75 37 545 0 24 ___-----_- • BREAK •--------------- ------------------------------------------------- - 16:00 16,15 16:30 16.45 Hr Total - 17:00 17.15 17,30 17:45 Hr Total .8. 7 10 3 28 22 19 5 5 51 21 23 21 19 84 72 22 19 14 127 O 0 0 0 0- 0 0 0 O 0 19 1 7 26 B 50 39 17 .� 20 12 88 10 9 2 8 29 3 7 5 6 21 172 173 204 i77 726 199 209 237 211 856 0 0 0 p 0 0 0 0 0 0 19 31 21 15 86 33 29 21 12 I 9U 21 29 17 25 92 17 21 25 17 BO lI 12 15 18 56 29 35 22 15 IO2 0 0 0 0 0 0 D 0 0 28 32 31 34 125 21 37 27 f 19 104 � 9 11 8 8 36 14 12 8 4 36 141 136 152 155 584 _ 143 162 --- 14 614 D 0 D 0 p 0 0 0 0 0 3� 1 2 3 9 1 . l ( 2 1 I 1 5 � 462 471 499 473 1905 593 93 5 472 215 ?5 *TOTAL* 144 ---- 512 --------------------- 0 324 1 187 3646 0 406 1 439 490---_-0-_--5Q7_'-_-267 3352 0 113 20387 TRAFFIC SURVEY SPECIALISTS. INC. Site Code : 00060154 624 GARDENIA TERRACE Start Date: 05/31/06 SR 70 & US 441. DELR;AY BEACH, FLORIDA 33444 OREECHOBEE, FLORIDA File I.D. 1 441 COUNTED BY: .1. GONZALEZ r, M. GONZALEZ (561) 272-3255 FAX (561) 272-4381 Page 1 6IGNALIZED HSAVY VEHICLES --- -- TO------------- ISR-------------------------- --_ ------ SR 70 {US 441 US 4From South {From West FromNorth {From East Left Right Thru UTurn Left { Right Thru UTurn Left { Total Right Thru UTura Left { Right Thru UTurn { ------- Date 05/31/06---------"-""-- 0 2{ O 0{ 2 g 0 D{ 33, 07100 O 1 U 2 3 6 0 3{ 6 2 0 0{ D 5 0 p{ 43 07:15 3 11 0 4{ 2 4 D { 40 07:30 0 .. 5 0 9{ 4 6 0 0 p 5 0 0 07 :45 2 4 0 3 6 7 0 3 4 27 0 3{ 154 gr Total. 3 12 0 19 14 33 0 12 { 12 14 0 1 { q q { 0 3{ 2 2 0 1{ 2 10 0 1{ 93 0 3 08:00 3 8 p p{ 0 2 0 2{ 36 08:15 2 7 0 5{ 4 2 0 3{ 3 6 0 1{ 0 7 0 1{ 40 08 :30 2 4 D 5{ 3 7 0 3{ g 2 0 0 0 9 0 3 45 08:45 2 3 0 3 5 6 0 4 Hr Total 10 18 0 16 { 15 .23 0 13 15 15 D 2{ 2 28 0 7{ 164 ---------- BREAK ' --- . i1:OD 1 3 0 6{ 4 9 0 1{ 5 4 0 1{ 1 9 0 2{ 46 2 11 p 2 { 52 2 0 5 ll:ls 0 j 7 11 0 0{ 7 5 0 1 0 0{ 5 5 0 2{ 1 9 { 50 11:30 1 3 0 4{ 4 13 0 1{ .4 3 1 1 0 7 0 0 47 11:45 0 3 0 1 T 16 0 4 21 18 1 q{ 4 36 0 5{ 195 HrTotal 2 11 0 16 { 22 49 p 6 4 O 2 2 8 0 0 �. 45 12:00 2 2 1 9 0 0 50 0 4' 4 I1 0 5 5 3 0 I 2 12 : 15 1 5 6 5 0 2 6 3 0 O I 3 7 0 41 48 { 12:30 0 3 0 4` 3 5 0 1 I 9 0 2 12:45 0 4 0 3 5 12 0 3 0 4 184 Hr Total 3 16 0 13 � 23 39 - 0 13 5 7 33 19 14 0 --------- - BREAK 16:00 0 0{ 0 6 D 2 30 � 16:15 2 1 0 13 { 4 10 0 4{ 4 4 0 0{ 3 4 0 1{ 5D 0 9{ 2 13 0 5{ 2 3 0 1{ 1 4 0 0{ 43 16:30 1 2 5 0 1 1 2 0 0 0 5 0 2 25 16:45 0 1 0 1 7 8 10 0 1{ 4 19 0 5{ 148 Hr Total 3 6 0 28 { 16 34 0 14 { 1 11 0 039 -1700 0 2 0 2{ { 17.00 0 3 0 6{ 8 8 0 3{ 4 2 0 0{ 1 7 0 1{ 43 3 5 0 0 I 3 7 0 0{ 33 3 0 1 { 17:30 O 0 0 4{ 7 g 2 0 0 1 1 0 1 32 p 2 147 17:45 0 4 0 3 5 7 0 O 0 15 { 16 13 O 1.{ 6 26 � Hr Total 0 9 24 27 0 ------ ----- — 27 169 0 26 *TOTAL-2172 0 107 { 114 200 0 66 { 91. 84 1 14 { r f TRAFFIC SURVEY SPECIALISTS, INC. 3R 70 624 GARDENIA TERRACE OKHla'CFmm, FLORIDA 38ACH, D) Site Code 00060154 COUNTED BY: I. C.ONZALEZ & M. GONZALEZ (561) 272RAY Z72-3255 PAX (561) 272-43B1 X (s6A 272-4 _Start Date: 05/31/06 SIGNALIZED File I.D. SR70_441 ------------------------------------------ LIGHT VEHICLES, HEAVY VEHICLES Page 4 II3 441 ESR 70 EIIS 441 ESR 70 From North (From East I EFrom South _ lFrom Rest I Right Thru UTurn Date OS/31/06---------------- Left I Right Thru --------- E UTnrn Left I Right Thru UTurn - E Left E Right Thru E Ulurn Left I Total Pea Hour Analysis By Entire Intersection for the Periods 16:00 to 16:00 on 05/31/06 Peak star Volume 16:30 I Percent la# 57# D} Pk total 997 30# I 22% 46# 04 31% E 40} 41# 0} 20} E 19# 63# D# 17# Highest 17.00 I 1114 E 17:00 E 1095 E 778 I Volume 41 160 D - 74 E 70 ISO E 17:00 0 85 E 121 I 17,00 I H1 total 275 E 305 122 0 50 I 39 141 0 27 E PHr E I 293 I _ I 207 Edam I I US 441 II ■ • 121 562 287 136 • 1 8 18 444 249 -MEWM11 829 SR 70 1,826 218 LIGHT VEHICLES 518 858 HEAVY VEHICLES 122 133 • 3 y 1,636 2,346 467 27 Intersection Total r 228 49 21 483 18 35 334 7 13 1,232 145 • 3 g 2,160 SR 70 347 216 433 425 570 2 - 11 8 148 ------ ------ 1,065 ANNEW US 441 0 0 0 305 494 433 TRAFFIC SURVEY SPECIALISTS, INC. Site Code : 00060154 624 GARDENIA TERRACE Start Date: 05/31/06 SR 70 DELRAY REACH, FLORIDA 33444 OKEECHRII� File I.D. SR70-441 OBEB. COUNTED RY: I. GONZALEZ E M. GONZALEZ (561) 272-3255 VAX (561) 272-4361 Page 3 SIGNALIZED. LIGHT VEHICLES, HEAVY VEHICLES ----' ------------- -- -: - SR 70 ---'------'-'-------'-- �U8 441 US 441 ISR 70 From North From East From South IFrom West f Thai UTurn Left I Total Right Thru UTurn Left I Right Thru UTurii Left I Right Thru uTurn Left I Right Date 05/31/06 ----------------------- ------------ Peals Hour Analysis HY Entire intersectionforthe Period: 11:00 to 1312 OOn OS/31/06 ' 12,00 1 Peak start 12.00 120 247 159 421 1 149 Volume 77 524 2 284 1 202 418 0 336 1 476 416 1 Percent 9i 594• 0t 32% 1 219, 956 44* 04 35k i 1140 36t - 0, 22% i. 730 I 58i 04 20t Pk total 887 2.45 - 12:45 12:00 Highest 126 .173 0 1 85 12: 128 D B2 �. 133 135 0 61 52 11$ 0 28 Volume 269 329 195 Hi total 285 - f .87 .94 PHP .78 .69 US 441 0 74 508 - 273 150 0 3 16 13 416 202 0 ------ ------ 0 77 524 286 768 0 887 � 1,655 I 179 202 23 SR 70 248 - LIGHT VEHICLES 384 418 743 HEAVY VEHICLES 956 418 34 77 146 323 4 150 1,473 2,139 336 13 388 tion Total 286 Intersection 33 421 730 ectio 1,183 421 476 • 152 SR 70 •r 159 2,159 r---- 1,140 336 243 • 402 45 524 - 5 • 14 1 159 - --- 1,019 248 416 47 US 441 TRAFFIC SURVEY SPECIALISTS, INC. SR 70 & US 441 624 GARDENIA TERRACE Site Code z 00060154 OKEECHOBEE, FLORIDA DELRAY BEACH, FLORIDA 33444 Start Date: 05/31/06 COUNTED.BYz I. GONZALEZ & M. GONZALEZ (561) 272-3255 VAX (561) 272-4381 File I.D. z SR70 441 SIGNALIZED — Page z 2 -------------------------------------------------------------------------------------------`---------------------------------------- LIGHT VEHICLES, HBAVY VEHICLES - US 441 ISR 70 IUS 441 ISR 70 From North. IFrom East I IFrom South (From Nest, I Right Thru UTurn Left I Right I Thru UTurn Left I Right Thru- UTurn I Left I Right Thru I UTurn Left I Total Date05/31/06 ----------------------------------------------------------------------------------------------------------------- Peak Hour Analysis By Entire Intersection for the Period; 07.00 to 09i00 on 05/31/06 Peak start i 07:45 1 07:45 1 07:45 I tTolume Percent 14V 553 04 314 I 254 404 O4 354 j 294 504 04 214 I - 16% 55% Ot 29% 1 Pk total 698 I 987 1 730 I 599 Highest 07:45 I 07:45 1 07:45 I 08:00 Volume 34 109 0 46 1 70 132 0 113 1 55 118 0 41 1 - 22 101 0 49 I Md. total 189 I 315 1 214 1 172 PHe I I I US 441 (� • 85 364 204 175 10 19 16 364 247 e 786 I ) � SR 70 1,484 2 151 LIGHT VEHICLES 398 644 HEAVY VEHICLES 95 3 171 4 1,243 1,749 3 • 303 - 24 17 Into 'on Total 762 95 2 't SR 70 1,552 342 149 345 0 383 - 2 - 19L-204 11 0 97 ------ ------ 822 - US 441 231 16 374 24 330 • 12 220 327 215 TRAFFIC SURVEY SPECIALISTS. INC. 0060154 Site Code : 05/31/06 624 GARDENIA TERRACZ Start Date: 0 010;EC110HES, FLORIDA DELRAY BEACH, FLORIDA 33444 File I.D. SR7041 70_ 4 41 COVj T= By. I. G,ONZALEZ & M. GONZALEZ (561) 272-3255 VAX (561) 272-4381 Page t 1 SIGNALIZED LIGHT VEHICLES, HEAVY VEHICLES ----'-------- -.------------------- ------------------- 6R 70 �IU& 441 I� 70 I . IFrom East . IFrom South IFrom Neat i From North I I Left I Right 2Ruu UTurn I Left I Right Thru UTurn Left I Right Thru UTurn Left I Total Right Thru UTurn Date 05/31/06 -'-'---""---- -------------------- ----------------------- --------------- b9 p 49 I 41 66 0 46 I 40 51 0 22 I 14 77 0 18 I 495 0-,1 .00 7 0 61 ! 43 46 0 I8 I 24 103 0 30 I 07:15 14 63 0 52.1 44 80 0 66 I 46 96 0 20 I 13 B 0 25 I 6513 07:30 20 67 0 56 I 58 101 0 113 55 118 0 41 30 84. 0 SS 887 07:45 34 1D9 0 46 70 132 0 286 I 184 311 0 101 I 81 347 0 128 I 2611 Hr Total 75. 303 0 203 I 213 379 0 54 I 67 89 0 77 I 55 95 0 40 I 22 101 0 49 I 765 08:00 18 98 1 62 I 50 78 0 73 I 59 80 0 36 I 24 60 0 30 I 95.9 OB:15. 21 BS 0 57 I 60 99 0 79 I 46 71 0 34 I 21 82 0 41 I 03 724 08:30 22 91 68 102 0 86 49 94 0 39 22 77 0 37 08:45 18 89 0 43 216 I 245 36B 0 315 I 209 340 0 149 I 89 320 0 157 i 51 2951 - 1 Hr Total 79 363 ----------------------------------- . 1 79 I 42 88 .- 0 89 I 75 103 0 37 I 28 11:00 19 144 1 71 I 40 91 1 84 I 102 102 0 57 I 87 0 33 I B30 64 11:15 20 147 0 82 I 49 IDS 0 101 I 86 90 0 48 I 51 89 0 21 I 085 11c30 25 137 ( 45 1D9 0 91 113 88 1 42 44 95 0 42 895 11 45 27 131 1 3 66 298 I 176 394 1 365 I 376 383 1 184 I 154 363 0 126 I 3474 Hr Total 91 559 26 173 1 B5 54 101 0 76 I 101 94 0 63 I 52 115 0 28 969 12:00 1 65 44 98 0 87 117 93 0 58 35 112 1 46 j BBB 12:15 14 117 91 0 91 125 94 1 65 30 79 0 38 882 12:30 22 129 0 73 45 12B 0 B2 133 135 0 61 42 _ 115 0 37 974 12 45 IS - 106 0 2 61 284 I 59 202 418 0 336 476 416 1 247 I 159 421 1 149 I 3713 Hr Total 77 524 ___ r BREAK • 20 120 0 B3 I 58 105 0 96 I 89 106 1 56 I 38 97 0 38 I 907 16:00 128 1 69 i 41 131 0 B1 I iDl 99 0 49 I 32 79 0 29 I 868 16:15 28 1 73 I 55 126 0 78 ( 96 102 0 64 i 37 125 0 37 I 944 16-30 27 123 1 59 125 0 93 1D2 11D 0 51 29 97 0 91 979 16.45 33 159 1 3 79 304 I 213 487 0 348 I 388 417 1 220 I 136 398 D 145 I 3698 Hr Total 108 530 0 74 I 70 150 0 85 I 121 122 0 - 50 I 39 141 0 27 I 1080 17:00 41 160 0 77 I 65 117 0 91 I 114 110 0 53 I 43 131 0 31 I 981 17-15 21 12B 0 74 I 62 99 0 77 I 111 116 0 50 I 22 95 0 3B I 910 17.30 21 145 1 52 116 0 83 1 101 95 0 55 1 38 1D5 0 27 1 874 17 45 15 107 0 0 80 305 ( 249 482 0 336 I 447 443 0 208 I 142 472 0 123 I 3845 Hi Total 98 540 I 1298 2528 ------------------- ------------------------- 1 1986 I 2080 2310 3 1109 I 761 2321 1 828 I 20192 *TOTAL* 528 2819 9 1610 TRAFFIC SURVEY SPECIALISTS, INC. SR.7.0 & IIS 98 624 GARDENIA TERRACE Site Code : 00060154 OKBECHOBEE, FLORIDA DELRAY BEACH, FLORIDA 33444 Start Datee 05/31/06 COUNTED BY.- MICHAEL MALONE - (561) 272-3255 FAX (561) 272-4381 File I.D. a 8R70US96 SIGNALIZED - - Page I ------------------------------------------------------------- - HEAVY VEHICLES . us 98 From North ISE. 70 (From East I IDRIVRWAY From South ------------------------------------------------- ISR 70 From West- I I Right Thru UTurn Date 05/31/06------------------------------------------------------------------------ Left I Right Thru UTurn I Left I Right Thru UTurn I Left I Right Thru UTurn - Left i. Total - 07: 00 O 07.:Is 1 07:30 2 _ 07:45 - 0 Hr Total 3 0 0 0 0 0 0 0 .0 0 0 5 I 5 4 I 4 3 I B 3. I 3 15 120 4 4 2 6 16 0 0 0 0 0 0 I 0 O I 0 0 I 0 0 1 0 0 I 0 0 0 0 0 0 0 0 0 0 0 O I 0 0 I 0 0 1 0 0 I 0 4 3 3 3 13 0 0 0 0 0 0 I Q I 0 I 0 1 Q I 18 16 18 15 67 08:00 0 - 08:15 0 08:30 0 08:45 1 Hr Total 1 0 0 0 0 0 0 0 0 0. 0 6 I 3 1 I 4 7 I 3 5 I 2 19 I 12 5 3 8 4 20 0 0 0 0 0 0( 0 0 I 0 0 I 0 0 1 0 0 I 0 0 0 0 0 0 0 0 0 0 0 O I 0 O I 0 0 I 0 0 1 0 0 I 0 3 1 4 4 12 0 D 0 0 0 l 116 2 I 1 I O f 4 I 11 23 16 68 ---------- - BREAK • ---------=------ 11:00 11:15 11:30 11:45 Hr Total 0 1 1 2 4 0 0 0 1 1 0 0 0 0 0 3 I 6 I 1 I 4 1 14 4 4 9 4 21 5 9 5 14 33 0 0 0 0 0 0 I D I 0 I 0 1 0 0 0 0 0 0 '0 0 0 0 0 0 0 0 0 0 O I 0 I 0 I 0 1 0 I D 0 0 0 0 6 5 3 4 18 0 0 - 0 0 0 O I 2 I D I 0 1 2 i 18 27 19 yg 93 12:00 12-IS 12-30 12.45 Hr Total --------- 1 0 0 1 2 • BREAK 0 0 0 0 0 - --------------- 0 0 0 0 0 5 6 I 5. i 3 19 I 5 4 4 8 21 6 5 6 9 26 0 0 0 0 0 0 I 0 0 0 0 I 0 0 0 0 0 0 1 0 0 1- 0 0 0 0 0 0 0 0 I 0 0 I 0 0 0 0 0 5 1 6 8 20 0 0 0 0 0 1 I 0 I 0 I 1 2 I 23 17 21 30 91 16:00 16:15 16:30 16:45 Hr Total 0 0 0 0 0 0 0 0 -0 0 0 0 0 0 0 4 I 3 I 2 I 7 16 ( 4 7 2 3 16 6 2 12 3 23 0 0 0 0 0 0 I O I 0 I 0 I O I 0 0 0 D 0 0 0 0 0 0 0 0 0 I 0 I 0 I 0 0 0 0 0 4 8 2 15 0 0 0 p 0 I 1 I 1 I 18 21 19 14 y i 72 17.00 17:15 17:30 17:45 Hr Total 1 0 0 0 1 0 0 0 0 0 0 0 0 0 0 3 I 3 I 2 I 2 10 I 5 5 1 3 14 3 3 5 3 14 0 1 0 0 1 0 I 0 I O I 1 1 I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I 0 I 0( 0 0 I 0 0 0 0 0 6 5 5 3 19 0 0 0 0 0 I 3 I O I 18 20 13 12 0 3 I 63 •TOTAL- 11 1 0 93 I ------------ 104 132 --------------------- 1 1 1 0 ---------------------------- 1 0 0 1 0 --------------------------- 97 0 13 1 454 TRAFFIC SURVEY SPECIALISTS, INC. Site Code : 00060154 624 GARDENIA TERRACE Start Date: 05/31/06 SR 10 & US 9a - DELRAY BEACH, MRIDA 33444 Pile I.D. SR70US98 OXEECHOBEE, FLORIDA (561) 272-3255 FAX (561) 272-4361 Page : 4 COUNTED BY: KICHAEL MALON8 _ SIGNALIZED ' LIGHT VEHICLES. HEAVY VEHICLES -------------------------- - ---- '-- ------------------------------------- 98 ISR 70 DRIVEWAY (From South SR 70 (From West .us From North - lFrom East i E UTUrn Left I Right Thru UTurn Left.I Right ThrU- UTurn Left Total - ' Right Thru UTurn Left I Right Thr u ----------------- - -I-- Date 05/31/06-------------------------------------------- Intersection for the Period: 16:00 to 18:00 on OS/31/06 - ' Peak Hour Analysis By Entire I Peak start .. - Volume 56t 40% 60t Ot 0} 04 D$ loot Ot Ot 73t OW 27t percent 43% IlkO► 1 455 Pk total 497 603 1 700 1: ` 17:15 17:15 0 40 Highest 17:00 0 85 97 0 0 0 0 1 0 0 as Volume 71 2 161 1 128 Hi total 158 PHF SR 70 1 361 578 216 US 98 215 4 262 124 1 0 15 0 241 ------ ---- 365 i L 862 227 1,033 LIGHT VEHICLES HEAVY VEHICLES Inter ion Total " ` 607 330 mom 0 SR 70 7 4 0 1 -----6 1 .Y i ----- 01 -----01- -----0 - TRAFFIC SURVEY SPECIALISTS, INC. SR70 6 US 98 - 624 GARDENIA TERRACE Site Code : 00060154 OKEECHOBEE, FLORIDA DELRAY BEACH, FLORIDA 33444 Start Date: 05/31/06 COUNTED BY: MICHAEL VMLONE (561) 272-3255 FAX (561) 272-4381 Pile I.D. : SR70US9s SIGNALIZED- - Page3 LIGHT VEHICLES, HEAVY VEHICLES ------------------------------------- US 98 ISR 70 JDRIVEWAY ISR 70 From North 1prom East ]From South lrrom West Right Thru UTurn Left ) Right Thru UTur[n Left I Right Thru UTurn Left I Right Thru UTurn Left I Total Date 05/31/06 ---------------------------------------------------------'-------------------- ------'---'---" -----'---------'--------- Peak Hour Analysis By Entire Intersection for the Period: 11:00 to 13.00 on 05/31/06 Peak start i1:15 11,15 11115 11:15 Volume 10a 1 0 241 180 295 0 0 1 0 0 0 0 1 0 304 0 761 Percent 314f Oi 04 691 384 624 04 04 04 04 O4 04 j 04 804 04 204 Pk total 350 475 ( 0 1 380 Highest 11:45 11:45 07:00 1 11:45 Volume 36 1 0 75 47 75 0 0- 0 0 0 0 0 85 0 22 I0 Hi total 112. l 122 0 .1 PEP .78 .97 .0 .89 US 98 • 0 103 0 225 76 0 - 5 1 16 0 180 0 108 I 241 256 0 0 � SR 70 350 606 158 � ' 180 22 0 LIGHT VEHICLES 295 403 HEAVY VEHICLES 261 108 475 295 34 73 3 76 0 1,020 0 0 - 287 783 17 304 380 Intersection Total 241 1,205 545 304 0 0 0 0 SR 70 r--- 0 0 0 0 . 1 0 0 0 -- ------ ----- 1 0 0 DRIVEWAY TRAFFIC SURVEY SPECIALISTS, INC. Site Code : 00060154 r 624 GARDENIA TERRACE Start Date: 05/31/06 ` SR 70 & US 98 DELRAY BEACH, FLORIDA 33444 Pile I.D. SR70U898 OICSECgOBEE, gIARZDA (561) 272-3255 FAX (561) 272-4381 2 COpNTED BY: MICHAEL MALONH - Page SIGNALIZED . LIGHT VEHICLES. HEAVY VEHICLES ---- -------- -ISR 70 Us allorth - ---------------------------' DRIVEWAY (From South SR 70 IProm West From (From East I I UTurn. Left I Right Thru DTurn Left I Right Thru UTurn Left I Total Right Thru UTura Laft.I Right. Thru Date 05/31/06 ---------------- for the Period: 07:00 to 09:00I5On 05/31/06 I Peak Hour Analysis By Entire Intersection I 071lS 07:15 Peak StaAm_ u} o} 0} 76: 0} 24% I Volume 24% 0} 0} 75} I 52} O} 0} i 00 0} ' 490 Percent Pk total _394 I 331 I 07:00 I 07:45 Highest 07:30 I 07:45 0 O I 0 0 0 0 I 0 121' 0 42 Volume 25 0 0 78 I 44 45 I 0 I 163 I Hi total I03 - I B9 I MOW PHF US 98 • 0 • 93 1 281 120 0 . 3 0.• 16 159 SR 70 172 268 96 279 1 673 - 141 8 758 "71 LIGHT VEHICLES HEAVY VEHICLES Inters Total r _ 1 . 1 155 1 17 F1 0 998 0 297 667 370 0 SR 70 1 p ------- 0 0 1 ----- Y OKEECHOBEE, FLORIDA COUNTED BY, MICHAEL MALONE SIGNALIZED TRAFFIC SURVEY SPECIALISTS, INC.' 624 GARDENIA TERRACE DELRAY BEACH, FLORIDA 33444 (561) 272-32SS FAX (561) 272-4381 Site Code : 00060154 Start Date: 05/31/06 File I.D. t SR70US98 Page t 1 - --------------------------------------'__------------------------_--------------_-----------------7------------_____----_-____'---___ LIGHT VEHICLES, HEAVY VEHICLES - US 98 ISR 70 1DRIVEWAY ISR 70 From North. (From East lFrom South (From West �. Right Thru UTurn Left Right Thru UTurn Left Right Thru UTurn Left Right Thru UTura Left j Total Date 05/31/06 ---------------------------------- 07t00. 22 0 0 51 ( 34 38 0 0 0 0 0 0 0 70 0 25 240 07•:15 32 0 0 69 33 45 0 0 0 0 0 0 0 83 0 20 282 07:30 25 0 0 78 48 39 0 0 0 0 D 0 D 70 0 35 295 04t45 26 0 0 73 44 45 0 0 1 0 0 0 0 1 0 -121 0 42 1 351 Hr Total 105 0 0 271 159 167 0 0 0 0 0 0 0 344 0 122 1268 08.00 13 1 D 77 34 43 0 0 0 0 0 0 0 96 0 23 287 08t15 21 0 D 54 30 49 0 0 0 0 0 0 0 63 0 13 230 08:30 16 0 0 59 28 54 0 0) 0 0 0 0 0 68 0 23 ( 248 .08:45 23 - 0 0 52 38 45 0 0 0 0 0 0- 0 80 D 19 257 Hr Total 73 1 0 242 130 191 0 0 0 0 0 .0 0 307 0 78 1022 --------- • BREAK 11:00 11:15 11:30 11:45 24 17 22 36 1 0 0 1 0 0 0 _0 62 46 57 75 1 35 37 49 47 60 75 70 75 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 1 0 0 0 0 57 72 70 85 0 0 0 0 15 15 4 22 22 1 254 262 290 341 Hr Total 99 2 0 240 168 280 0 0 0 0 0 0 0 284 0 74 1147 12:00 12:15 12:30 12:45 33 24 23 23 0 1 0 0- D 0 0 0 63 53 59 55 1 47 36 54 56 75 56 54 64 0 0 0 0 0 1 0 0 0 1 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 0 1 0 0 0 0 77 -14 67 96 0 0 0 0 17 11 15 28 1 312 256 272 322 Hr Total 103 1 0 230 193 249 0 0 0 1 0 0 0 314 0 71 1162 -------- ' BREAK 16:00 16:15 16:30 16t45 Hr Total 34 42 31 36 143 0 0 0 O 0 0 1 0 0 1 52 62 72 57 1 243 58 57 58 69 242 79 90 90 84 343 0 0 0 0 0 0 0 0 0 1 0 f 0 0 0 0 0 0 0 0 0 0 0 0 0 0 D 0 0 0 0 1 0 0 0 0 1 1 67 6B 82 74 291 0 0 0 0 0 24 19 33 35 1 111 I 314 339 366 356 1375 17:00 17:15 17:30 17:45 Hr Total 71 60 49 37 217 2 1 1 2 6 0 0 0 D 0 85 4 55 80 56 1 276 ( 64 61 47 47 219 97 98 82 85 362 0 1 0 0 1 0 0 0 1 1 1 0 0 0 1 1 0 0 0 0 0 D -1 0 0 1 0 0 0 0 1 0 D 0 0 0 0 82 88. 86 89 345 0 0 0 0 0 25 40 24 24 1 113 426 405 369 342 1542 +TOTAL• 740 10 1 1502 1 --------- 1111 1592 ------------------------- 1 1 1 1 1 ------ 1 0 1 1 1885 0 569 1 _ 7416 EXHIBIT 4 Traffic Counts Counts From intersection 11/2812006 Parrott Ave. at SE 6th Street 6/31/2006 SR70 at US•98 5/31/2006 SR 70 at US 441 (Parrott Ave.) 10/26/2006 SR 7D (NE Park"Street) at SW 5th Avenue 2006 Existing VO unnCS Parrott Ave. at SE 6th Street SB: Parrott Avenue EB: SW 6th Street WB: SW 6th Street NISI 1 Hour Period NB: Parrott Avenue .. Left- Thru Right Total Lft Thrn Right Tbtsl Left Thra Rig ht Total E & W Beginning E7:45A.hL Left Left U Thra Right Total Left 1 39 54 12 2 30 1'�6peak 7;45 A1�L 26 6 885 31 948 24 2 880 24 = 930 14 0.89 PHF = 0.79 PHF = 0.44 PHF =. 0.81PHF i 134 28 2 45AL 4 1089 ' 14 75 14 3 20 37 2,458 4e 27 2 1.167 16 1 12 27 . PHF = 0.94 PHF, = 0.67 PHF = 0.77 Peak . Peak PHF a 093 SR70 at US 98 SB: US 98 EB: SR 70 WB: SR 70 N,S, 1 Hour NB: N/A E & W Period Period Left Left- Thrn Right- Totai Left Thrn Right Total Left Thrn Rtght Total Beginning Beginning 0 0 97 394 120 370 0 490 0 172 159 331 1,215 70 PeakA.y 7:15 A.M 297 PHF = 096 0.9 PHF = 0.75 PHF = 0.93 "Peak 0 0 �p 124 331 0 455 0 362 241 603 1,555 4:45 PAL 4:45 P.M. 277 PHF = . 0.79 PHF = 0.89 PHF = 0.77 Peak. Peak SR 70 at US 441 (ParrOtt Ave.) NBUS 441 (Parrott Ave.) SB: US 44I (Parrott Ave.) EB: SR 70 WB: : SR 70 N SPeriod 1 Hour 1 Hour Period Thru Right Total Left Left- Thru Right Total Left Thru Right Total Left Thru Right Total E `4c W 3,014 Beginning g T Beginning Left Left-11 1 383 95 698 175 327 97 599 342 398 247 997 Peaky 7:45 A M. 15] 0 364 215 730 219 PIN PHF = 0.87 PHF Peak PHF = 0.85 570 122 997 136 494 148 776 347 518 249 1,114 3,984 4'Peatt 4:30 P.M. 218 1 0 444 433 1 095 303 2 PHF = 0.91 PHF Peak PHF = 0.93 SR 70 (NE Park Street) at SW 5th Avenue . SB: SW 5th Avenue EB: SR 70 Park St.) WB: SR 70 (NE Park St) N S' 1 Hour Period NB: SW 5th Avenue E & W Left Thru Right Total Left Thru Right Total . Beginning, Left Left-U Thrn Right Total Left Left- Thru Right Total 548 81 674 89 439 1,614 P 65 P4:45P.TYL 0 96 84 245 32 .0 78 14 PHF 124 45 PIE = 05?8 . PHF = 0.75 49 265 7 613 42 662 93 822 23 938 2,176 4:4p5ePM 119 0 10311 84 0 132 PHF = 0.50 PHF = 0.94 PHF = 0.89 PHF = 0.84 HCM Signalized Intersection Capacity Analysis 52: SR 70 & SR 710 8/15/2007 Lane Meal Now v n ► 1900 1900 1906 1900 1900 1900 Lane Utii. Factor 0.95 1.00 1.00 0.95. 0.97 1.00 Fit Protected -1.00 11 Ills 1.00 0.95 1.00 0.95 1.00 Fit Permitted 1.00 .1.00 0.42 -1.00 0.95 1.00. Peak -hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 RTOR Reduction (vph) 0 0 0 0 0 6 Turn Free rermrma vnases 6 Free Effective Green, s) 17.3 42.6 HIM Clearance Time (s) 5.0 Lane Grp Cap (vph) 1437 1583 v/s Ratio Perm 0.10 c0.28 Uniform -Delay, d1 8.4 0.0 Incremental Delay, d2 0.2 0.4 19.4 21.4 13.2 3.0 5.0 5.0 5.0 360 1778 1064 491 IN 0.03 0.00 8.0 6.4 12.2 10.2 15 %us Midday %user name% Synchro 7 - Report Page 8 HCM Signalized Intersection Capacity Analysis 8115/2007 .... 51: SR 70 & 10th Ave Jdeal Flow {vphpl -- 1900 1900 19UU iyW Lane Ufl Factor 0.95 1.00 0.95 Fit -Protected . 1.00 0.95 1.00 Fit Permitted 1.00 0.19 1.00 r, PHF D.0.92 0.92 0.92n vph SE1 0 0 0 Dorm. Tum Type Sm Permitted Lane Grp Cap ie°p to vls Ratio Perm HCM Ave Actuated 1.00 0.92 Synchro 7 - Report 2009 Midday Page 7 %user_n ame% HCM Signalized Intersection Capacity Analysis 11: SR 70 & 8th Ave 8/15/2007 Lane Clearance Tim Lane Grp Cap OREM v/s Ratio Perm 1900 1900 1900 1900 1900 1900 1.00 . 0.95 1.00 1.00 1.00 0.95 1.00 0.95 1.00 1.00 0.08 1.00 0.76 1.00 .0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 256 2690 0.23Now 1900 1900 1900 0.92 0.92 0.92 0 0 0 Perm 2009 Midday %user name% Synchro 7 - Report Page 6 HCM Signalized Intersection Capacity Analysis 8/15/2007 10: SIR 70 & 5th Lane Configurations VI Ideal Flow hpl 1900 ` 1900 1900 1900 1900 1900 1900 1900 1900 1.900 1900 1900 Lane Util. Factor 1.00 0.95 .1.00 0.95 1.00 1.00 1.00 IN 1.00 Flt Protected 0.95 1.00 0.95 1.00 0.95 1.00 0.95 1.00 Flt Permitted11 0.1� 1:00 0.24 1.00 0.70 1.00 0.54 1.00 Peak -hour factor, PHF 0.92 0.92 0.92 111110 0.92 0.92 0.92 Jill 0.92 0.92 0.92 0.92 0.92 0.92 RTOR Reduction (vph) 0 0 0 0 0 0 0 119 0 0 33 0 Tum T m+pt m+ t P Perm Perm Permitted Phases 6 2 4 8 s Effective Green, g ( ) 36.5 34.3 36.5 34.3 11.2 11.2 11:2 11.2 Boo Clearance Time s) 5.0 5.0 5.0 5.0 5.0 5.0 . 5.0 5.0 Lane Gs rp Cap (vph) 250 2032 320 2030 244 308 190 326 vls Ratio Perm 0.03 BE Uiform Delay, d1, n 5.3 7.5 .. 49 81 20.7 INS 20.6 21.6 2Q.4 incremental Delay, d2 . 0.1 WIN IN 0.8 "PIT i 0.6 0.4 1.8 0.3 . Level of Service Iijill A A A A NONE C C C C Approach LOS A q C C HCM Average Control Delay 10.9 HCM Level of Service 13 Actuated Cycle Length (s)giij59.7. Sum of lost time (s) 12.0 1111 _® ._ e: Synchro 7 - Report 2009 Midday Page 5 %user_name% HCM Signalized Intersection Capacity Analysis 6: Shopping Center & Parrott Ave 8/15/2007 Fit Permitted 0.751-.00 0.74 1.00 1.06 Peak -hour factor, PHF 0.92 0.92 0.92 0.92" 0.92, .0.92 RTOR .Reduction vph)----.-.---.- 0 0 0 0 0 133 Turn Tvoe PArrn Dan" 13— Lane 172 230 W11 F111 ON 2 D.01 1UUu 1900. 1900 111111, , 1900 1900 I l�illoill N 0.95 1.00 IN , 0.95 1.00 0.95 1.00 1.00 0.46 1.00 0.92 0.92 0.92 0.92 0.92 6 0 0 7 0 170 230 195 534 2118 ).02 0.01 0.03 5.5 5.5 758 2338 FE ME -IM-10, 0.10 2009 Midday Synchro 7 - Report %user —name% Page 4 HCM Signalized Intersection Capacity Analysis 4: SW 28th St & Parrott Ave 8�1512007 all Lane Configurations 0 Ideal Flow (vphpl 1900 1900 9900 1900 1900 1900 1900* 1900 1900. 1900 1900 1900 Lane UK Factor. 1.00 1.00 1.00 1.00 1.00 0.95 1,00 0.9.5 1.00 Fit Protected 0.95 1.00 0.95 1.00 1.00 0.95 1.00 0.95 1.00 Fit Permitted 0,71 1.00 0.58 1,00 1.00 0.32 1.00 0.29 1.00 Peak -hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0,92 0.92 0,92 RTOR Reduction (vph 0 72 0 0 0 206 0 3 0 0. 8 0 Turn Type Perm m+pt m+Pt Perm Perm Permitted Phases 4 8 8 2 6 Effective Green, g (s) 12,0 12.0 12.0 42.5 36.9 49.3 40.3 12.0 1Z.0 � � � . . • r� qq• Y , � � krc �. y �{ a"li �� {A t K ^y��s, ys 3.:;� .�,..,�-�f} ;./�`3. 9 hA lY �l Y +.- x '��/041�'2 r✓43�'�< 4a,1J{ �r y +� 3,7 a3t;.� 7�a� J, ��26a �w�A� ..•, i .. �< 7rz .. 'e., , .h�;rr'' t' 4 P-> r 3 Approach . yJ �c - � � r �-.ter ,..� L.i •_ �. h -. �._;. ,. 't.�l {rLL^A''11 j'i y �i p5 y� A3A;� jtit��'.sY�cYt;�' _ t .. ,y 1 �.{�: s3..i*B�S-�.*Y k '*� y� i, ��.1� i..r r ._r) h^- T "T.7�'.']�Z,...•{ •• . I 9,� 3 y�'�'9��,�a �i •h'��3, 'w: 4rKA�`�.,, ., ...: ...- t 1 '•�f3S, �� �� 4 �� _ - t -E -`S �E 3y 3, Vy""S j I'"-r�S 5 .����� �. i.�., .��3 `F^.,xw ,may ��e • ��s' y �rti�A�;SL�'�Y (_t?..�t' ^i- j.�.�il����,{�t�� v� ..^�g'.rv'v .```"'�,�,r +''*S 'Z T�1 `i'R' 'w+ _ i _ . Xe?'.,.Y' y 3 -< h - a 2009 Midday Synchro 7 - Paport e 3 %user name%a g HCM Signalized Intersection Capacity Analysis 3: SW 21st Street & Parrott Ave 8/15/2007 Lane Configurations �, VI Ideal Flow h 1900 1900 1900 1900. 1900. 1900 1900 1900 . 1900 1900 19W 19M Lane Util. Factor 1.00 1.00 1.00- 1.00 1.00 1.00 0.95 1.00 0.97 0.95 Fit Protected 0.95 1.00 0.95 1.00 1.00 0.95. 1.00 1.00 0.95 1.00 Fit Permitted - 0.75 1.00 0.53 1.00 1.00 -0.26 1.00 1.00 0.95 1.00 Peak -hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 RTOR Reduction (vph 0 79 0 0 0 119 0 0 60 0 13 0 Turn Type'. Perm Perm Perm pm t Perm Prot Permitted Phases 4 8 8 2 2 Effective Green, g(s) 15.6 15.6 15.6 15.6 15.6 52.9 45.8 45.8 9.3 48.0 IN Clearance Time s 5.5 5.5 f 5.5 5.5 5.5 5.5 5.5 5.5 5.5 5.5 Grp Cap (vph) 264 3p(1�7 7 185 386 1996 351 299 422,', 1960 877 pLacme N���„�;aMCI v/s Ratio PermBEEVE 0.11 c0.11 0.02 0.09 0.05 Uniforrh Delay, d1 30.4 28.8 30.7 27.4 27.7 5.9 10.9 8.6 34.6 9.9 Incremental Delay, d2 2.5 0.5 5.4 0.0 0.1 Bum N11llm 0.1 0.7 0.2 1.0 0.8 Level of Service C C �. D C C A B A D B c� t, '`fir 6.9 HCM Level of Service 2009 Midday Synchro 7 - Report %user name% Page 2 HCM Signalized Intersection Capacity Analysis 8/1512007 . 1: SR 70 & Parrott Ave .. ... Lane Confi urations TT .1deal Flow vphpl "1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Lane Util. Factor 1.00 ii,FIt 0.95 1.00 `0.95 1.00 0.95 1.00 1.00 0.95 Protested 0,95 1-Mo 0.95 = 1.00 0.95 1.00 1.00. 0.95 1.00 �It Permitted AM 1.00 0.14 1.00 0:17 1.00 .1.00 0.15 1.00 Peak -hour factor, PH 0.92 0.92 0.92 0.92 111 0.92 0.92 0.92 . 0.92 0.92 0.92 0.92 0.92 RTr%D PMi infirm fvnhl 0 22 0 44 0 0 .,.®S1a➢1•AIA• 0 364 0 11 0 Turn 8 4 Uniform Delay, d1 34.9 48.9 48.7 41.0 inr m. Antal Delay. d2 9.2 177.4 89.6 32.6 ... .. unkA 1-Aof Cnh Perm m+ t 6 2 �5 n 53.3 30.9 . + Y�jS yff • • •• k "Y,7 A 5 • • ru Synchro 7 - Report 2009 Midday Page 1 %user name% mea► mow Vphpl 1900 1900 1900 - 1900 1900 1900 Lana-UBI. Factor . 1.00 0.95 1.00 - 0.95 Flt Protected 0.95 1.00 0.95 1.00 Flt Permitted 0:18 1.00 0.10 .1.00 Peak -hour factor, PHF 0.92 0.92 0.92 0.92 0. 22 0.92 RTOR Reduction (Vph) 0 5 0 0 2 - 0 Heavy Vehicles M I 2% 2% 2% 2% 2°% 2% Protected Phases 6 .5 2 Actuated Green, G (s) 36.8 36.8 46.7 46.7 Actuated g/C Ratio 0.56 timil 0.56 0.69 0.70 Vehicle Extension (s) 3.0 3.0 3.0 3.0 r _ v/ss Ratio Prot c0.45 0.03 c0.41 v/c Ratio . 041 n R1 n 40 n an 1900 1900 1900 1.00 2- 0.92 0.92 0.92 0.92 0.02 0- 48 0 0 16 0 4 2% 2% 2% 2% 201, 4 0.3 .18 3.0 10.3 0.18 3.0 rr'��t" h gg pp - _ �l�k i � yz ly.,4j , '1.�. .k .z.. , s. / 77 r PM Peak Hour %user name% Synchro 7 -Report Page 4 HCM Signalized Intersection Capacity Analysis B/15/2007 10: SR 70 & 5th Lane Configurations Ideal Flow- d hpl) Lane-Util. Factor: Flt: Protected. 'Elmo mt Permitted Peak -hour factor, PHF RTQR Reduction (vphj . Hea Vehicles '� 1900 1.00 0.95 0.21 - 0.89 0 1900 0.95 1.00 1.00 0.89 5 • 2% HIM 1900 1900 1.00 0.95. 0.19 0.B9 0.89 0 0 2"/0 2% 111111 1900: 0.95 .1.00 1.00 0.89 7 2% 1900 0,89 0 2% 1900 1.00 0,95 0.39 0.80 -0 2% 1900 • 1.00 1.00 1.00 0.80 35 2116 1900 0:80 0 2% 1900 1,00 0.95. 0.41 0.75 0 2°k 1900 1900 1.00 1.00 1.00 0,75 0.75 17 0 2% 2% 1!11:iii'l Ill Protected Phases 1 6 5 2 4 g Actuated Green, G (s) 34.5 33.2 44.5 38.2 19.1 19.1 19.1 19.1 0.62 0.53 0,27 0.27 0.27 0.27 Actuated C Ratio 0.50 0.402 JIM 3.0 3.0 3.0 Vehicle Extensions 3.0 q 3.0 �33 0 3 0 3� mgnr �4NB�Yv g$4�7� �`33 .14 c0.03 c0.31 00.16 v/s Ratio Prot , 0.00 0.26 .- - n 0.70 0.57 m WA vlc Ratio 0.03 0.56 0.28 0.58 0.82 0.52 Progression Factor 1.00 1,00 1.00 1.00 1.00 1.00 1.00 1.00 DelaY.(s) 9.8 15.6IvIll:7.8 12.9 47.4 23.7 34.3 24.7 12.5 32 3 27.9 • -----L n l ... �c� 15.6 --�... FAMMUNINERM C l�rniGd1 L Synchro 7 - Report PM Peak Hour Page 3 %user_name% HCM Signalized Intersection Capacity Analysis 9: SR 70 & SR 98 8115/2007 Lane Configurations► Ideal -Flow' Vphpl 1900 1900 1900 1900 1900 1900 . Lane Util. Factor 1.00 0.95 0.95 1.00 1.00 1.00 Fit Protected : 0.95 1.00 1.00 1.00 0.95 1,00 Fit :Permitted 0.23 1.00 1.00 1.00 0.95 1.00 Peak -hour factor, PHF 0.92 0.92 6.92 0.92 0.92 0.92. RTOR Reduction (vph) 0 0 0 274 0 205 HeaV Vehicles N. 2% 2% 2% 2% 2% 2% - "T'� e'" :-'� • 4-. . � 5r 1 _a•r. _ ..5, ®� ,z, , �^�.@ �e � 1 1 1 ' �N�Cryr� � 1 �v� two -.p< 1 • 3 1 � n 6 0. n a I- ® • • tt{(�rrry�,++++}}qqtt�� rrssss�s�s 1 1 1 �ry 1 I t 1 1 1 i• 1 1 �S f' 1 1 't-,�."�k��j.,.+i"i5.rt.. • Y r HCM.Signalized Intersection Capacity Analysis 811512007 .. - SR 70 & ParrottAve .1: 47- • -- IF TT I - _ -- Configurations - -:.. - On1900 _lane �-' 1900 :` Ideal Flow. 1900in 9900 1900 1900 . 1900 1900 1900 . . _..... 1.00 0,95 �1.00 0.95 '�� .1.00 0.95 . 1.00 'I.00. 0.95. 1.00 -Lane-Util:-Factor..:: .. .. ..0.951;00 1.00 0.95- 1.,00: 0.95 0 .. ...:1.OQ...._ ......O.95... Sill .- - 0.17,'. 1:00 0:14 1.04 .:. -. 0;17.1:00 0.15 .. 1.00 1.00 - ...- 'Peak=hourfactor,�HF0,89 0.89 0.89 0.89 0.95: t?.95 0.95 0.92 0.92 .0.92 - 0 21 0 0 45 0 0' 0 366 0 0 120 . RTOR Reduction (vph) Hea -EPAVehicles °k . 2°% Mammal 2% 2%..- 2% 2% 2?k 2% : 2% 2% .. . 2% 2% 2% Protected Phases, 7 4 1 6 5 2 Actuated Green, G (s) 38.5 24.0 59.0 40.5 42.8 23.5 23.5 53.3 30.0 30.0 Actuated PC Rato'0:21' "48F0.34 0.35 ' 0.20 0.20 .. 0.43 G' 3.0 3.0 30 30 30 30 30 30 Vehicle Extensions 3.0 .. r r-`r ; � �k"'1L&���c_3z�: 3.0 � • , .-�� a..":<�����k1' � - °'�"€" ��et'�"F�wtr'.G��,�� _ -s. `^��lt ���� g c ,re��s.f��w�..��. ....�..�, � _ . 0.30 0.12 0.17 c0 20 0.23 v1s Ratio Prot 0.08 c0.24 c0.24 t >, 0.97 0.88 0.80 0.84 _ 0.70 . 0:96 0.89. ON vlcRatjo 0.72 ..1.14 1111111111111111 `-�-1:00 1.00 1.00 1.00'1.00 1.,00: " 1_:00 . 1.00 1,00 1.00 Progtession Facfot 127.7 ': � � 79:7 45.8 .. . 45.2 `56.5 52.4 69:6 = . 5 .7 36.5 Dela s ,:43.2 YO..::. .. :.INSI Approach. Dalay (s) :. _... 111.9 .... , . 565 52:8 '57.7 . HCM Volume.to Capacity ratio. : I�tersection.Capacity Utilization . 95;5°� -. ICU Level'efService F c . Cm al Lane Group - 8ynchro Z - Report . PM Peak Hour _ Page 1 °I°user_name% HCM Signalized Intersection Capacity Analysis 11: SR 70 & 8th Ave 8115/2007 Ideal Flow ihil 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Util. Factor. 1.00 0.95 1.00 0.95 1.00 1.00 Fit Protected 0.95 1.00 0.95 1.00 0.96 0.98 Fit Permitted 0.12 1.00 0.19 1.00 0.73 0.88 MARVAM Peak -hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 RTOR Reduction lvohl 0 5 0 0 1 0 0 8 0 0 1T 0 Effective Lane Grp Cap(vph) 120 1B71 265 2227 335 381 v/s Ratio Perm 0.09 0.05 c0.15 0.03 7:00 am Baseline Synchro 7 - Report %user name% Page 4 HCM Signalized Intersection Capacity Analysis 10: SIR 70 & 5th 8115I2007 Flow Vphpl 1900 1 Util. Factor 1.00 1 1.00 1900 1900 1900 1900 1900 0.95 1.00 i 1.00 0.95 1.00 1900 Fit Permitted 0.12 1.00 0.24 1.00 0,67. 1.00 0.36 1.00 Peak -hour factor, PHF 0.87 0.87 * 0.87 0.78 0.78 0.78 . 0.75 0.75 0.75 0.89 0.89 0.89 Turn Type Permitted Phases I p ai Effective Green, q Lane Grp Cap (vph) 242 1698 442 {1848 278 385 146 (p{403 .l �]`irf 4 }'t_ `.T !`#' Y5c L." ki'L?' $! i�sl •vr t Y ! aT �pS��� FS' �i a�_e,-.",.+.ir�.'e�:'Yds,�`vsFra_., •ij;,,--'�,.`aom,. di _ k.::lr.��.. v/s Ratio Perm 0.11 0.18 0..07 0.08 d1 Incremental Level of Sei 12.1 0.5 0.7 23.8 1.4 C 21.9 J kt-q nr ? $_, 15 7:00 am Baseline Synchro 7 - Report %user name% Page 3 HCM Signalized Intersection Capacity Analysis 9: SR 70 & SR 98 8/16/2007 Lane Confi uratlons . tt �► Ideal Flow jhjlj 1900 1900 1900 1900 1900 1900 Lane UtIl. Factor_ 1.00 0.95 0.95 , 1.00 1.00 1.00 Fit Protected 0.95 1.00 1.00 1.00 0.95 1.00 Fit Permitted 0.25 1,00 1.00 1.00 0.95 1.00 Paak-hnur fw.fnr PNF n on n an n an n on non n on Turn T pe. m+pt Perm custom Permitted Phases 6 2 B Lane Grp Cap (vph) 417 2027 1393 623 519 464 L71(fad a f M1,4 Mig or v/s Ratio Perm 0.13 0.12 I . � r 91 15.2 � •r f��t,..,..$�5��,-r..�;s���i13.,,..S;�i Incremental Delay, „�'� �;r{, X�!�i1•?�.1 1 0.4 J e�.��_�i 0.1 1 ti t,�f. 0.3 u � ��A� 1" . �t�:a�g�. �S ��Ey��'4 >�� ..:�' ,4„ tti�� 0.3 5.1 + y 'r`y71 yv tz 2 ,1 d -J- t„.�.� .�I�it{IG:J�x'1�.?S:r. ' Level of a•li)1r1Y ��i� - � .3„Z. t��i�n'bi 5 ���•jn��y 4y`��`.�?id�'fe 7�"��i-e ..�>T ��ha RJ�` Approach i`��3'+. _nF �.�. 3 � ..� i C.' :i �4_.!� :i F4�v sus . v ��3 ..'s .y ; tx� f < . '� - a ✓-%,�., 4(": HCM Average • I 1 -lay i7ttrr:-. fy7 - yYs � y -. 13.5 HCM I evell of Service ,�F,�r i�- :....�. Actuated Cycle Length (s) � '42 59.7 Sum of lost time (s) 12.0 Period (min) 15 7:00 am Baseline Synchro 7 - Report %user name% Page 2 HCM Signalized Intersection Capacity Analysis 1: SR 70 & Parrott Ave 8/1512007 Lane Ideal Flow hpl 1900.7--i9mo 1900 1900 1900 1900 1900 . 1900 1900 1900 1900 1900 Lane Util. Factor 1.00 0.95 1.00 0.95 1.00, 0.95 1.00 1.00 0.95 Fit Protected. 0.95 1.00 0.95 1,00 0.95 1.00 1.00 0.95 1.00 Fit Permitted 0.18 1.00 0.15 1.00 0.25 1.00 1.00 0.16 1.00 4 a Peak -hour factor, PHF 0.84 0.84 0.84 0.60 0.60 0.87 0.87 0.87 0.92 0.92 0.92 Clearance ► .► .► ► ► y, ► am"€�� �d���y����s:.�,2�':.�4?�� x�:"�.���.3i? �t sa��.�i.._a'.�������r!r�•:��{,.,,���.•�{;��*.�"�,=,.,y�.._,.,:��'c�Y, --------- Uniform Delay, d1 48.9 43.3 32.9 37.9 30.9 43.7 38.3 27.4 39.1 -. •► ► ► ► �� -��j L y� -u ,f. -t, t �� yj• �§ r r s P-?�tT,,y"ro ✓ o � q i � �i. k't5F 7a �;'t ztd '�{�/ya e �,� �r�4 ,��� -: Level -�{ t rc s b, �_ � �_ "� i.4� ,., ��'�•2. cK.I'`oYI Ft;�,� �Y Y.s<ti'h J ,� t }-, rr �i. 4. _ .,.k T" of tl ru.nrk,�,'�ri^�3aL �'�r� �'�.1+ sl y�' RY �y+c'�1 'y 3jgrli r.,i�(,ft� 1.�:-k -.'� ��.�zs.�3�����t�,.,,��.5 5�. ,.�;,�fKjc �5+, "z�..-_ry � f'`5�-✓�a''4 'rt'.j �a s art ,� �N � � p .;:r� .t_„_i'tr"�''-v4 r. s -- � c. - � 7 �• �'�y � '�;� ,Z� i ��- z{^ov�� �` h r � �� s. o � r� �` 1` .r`�.`.�rn�-�r�.t- e: zr r."5. �� y y: �. x�i'l?�,i't-t.`"�`�,.Y�i'j°�; 9�Y����%L�' �, �5� Sr��::'y,.�..,i?..1 �" '�•,1•� �.,�� . �.�'X:f,s�;..1�,�� � .'i`` Y r•,vvYs �.�r'�..x� �� "rG Vic. �..-`.�•,. HCM Average Control Delay 167.2 HCM Level of Service F h - '� n i xE ""•x.,- r ,��4' .-iv y .e�., x t r '.4`%„", n,- Mi . 7:00 am Baseline Synchro 7 - Report %user name% Page 1 EXHIBIT 2 Generalized Annual Average Daily Traffic. IA IV4 ,:t 49NEM-M90 41NMulLL AVA1 t�AiR1 uQUMSQF FI,ORl31{'S esweswiiese/i� MeeteFa�. I,amlo{3frvlcs jalStPhlo$q.pt$pi3Tmi.Bplut. - • `Lege4l01vWbd A & C D" B Lemof&rVoo A %dvWod ' 260W bn0'. I$A00 18;600 vim LadoR A 13 C D $. .4, 1V 3 41,if06 6keW 3Q-..74600 ] IO;ZOD. 134 • 29,800. 396W 53,70D 67100 74,6W 6 3,6,900 613W 85,100 IO?`,6D0 115$00 S 49.2W E47W 13UM 146,100 IS6,000 13tu1lS0A0to7kigpidftd30bregedceaper1a11b) 10 631040 10420D 14550p 176900 196AM ' 14V01o1?SvvlM 1Z 73,900• ,3W 175,fW 213j5W 237i1W 723 F4oes1)ivide4 A- R C b B - Updtvtde4 ' M 13,M. 16AW 16,M h*A:bmpspe*S<2tnk.gwt 4. DM&d 4,000 29,300 34,7W 3S,700 ••• Levelef$ervtes 6 - I4<v1W 1,30 44000 371W 53,SW •« hones A B C 1i B 3 &vi40d 9AW 54006 6fr,100 67,8W "•• 46 22��,,OW 36,DOD S,(;000 b?t200 34,BW' 36,30p EJm S(1 W to 4 30 rIg601tsadinte tfbw Pam ) BF,/Qp 105,6W 12o2vo B 473W' TF.M ' HIAW 144,3W la,9W IAvlAio-survice IO 60,2W 9)JW I41,200 1$2600 207600 f-AMW Tkk4 A -11 9 D 8 k8 I%" 116,100 17UW 221;100 25I,20D '2 '}T08VIded ,► 1.9W It,= ' -SAW 16.3W " .... .. . .4. wv}de6 tt 4,lOD Z6,0W. Alm 74,iW _ -A Dltdded •► 6.500 . 40,30D 49,2W SURD . ]itL7lC[ MOD; I VIVN04 "OD. 33,300 63XD 67A00 QYsOe LaFOlodebrvko{oi1b0"6Ja9rJ0la0dphtOdeuWeb6nadmro0dwq CIeNBI(moteFtA�4.�SHBnllzo4�tmeatdtluspero�ilee0dmt ttd44 1�?+D�d end biBtE oald[tl6Yu,boLmu06orotbtayOlieA w�d14TpEfp�trl"cltPoau?4bo�Y0eid}rtrktotan esfoi�>��+4rk0�WVoIGmasr6ownti6lowbyuti111)ns of TOM-) WbAel 4 met ovio7 6,000) . . ysve6Shwided - Level of Barvke Biey0lslaw L4vd afS W= LAD" Dh4ded A 15 C D R COV-P A B C 0 8 _ 2 UDdivlded •• •• 5,300 12,60D 13,300 049% •• •• 3,200 13;300 >13.300 - -4 Dividod ►• •► i2,400 29,900 32XD 50-"% •• Z500 4,100 >4,100 ••• ,6 D VWA •• •" 19.500 44,7W 493W B3-100% 3,1W 1,200 >7,2W ••• ••� .. B Dtvided •• •• 25.800 33,70D 63AOO - - - MI MTWAN MODE `.ObaW(inomdw4-4.5Pipa0x0dbomooduneper mflowOW0rm (NMalove! of=Wc*ibrdwpcdewitlmodeinthis t-blobbamdanroadway '$eomrtria-40mp&paswopwAnaft0fgeeo0didoi, Obviyoity4cahel'bddne00d6UWoteeotbmEnOderee nor umber ofPcdouirloa" over 73D,000) " puSeB d"Unrly.) (6keWPG f motarftedvold9tevgl0mee Chown bd6w byoarab tof" .LOPelofServie0 awcoamdloadNay1raestodebtelblooto-waymORip¢omroMeevolnmti) 'i-,waD1"vkW A "B C D 8 Levelofs"vlcs . 0 TSgdivW6d •• . ►• 5,7W 13,100 15po _ 6fdwivewtbvbs50 A B C S" $ Cd ie •� 12,300 303W $I.IW 0149% "' •► •• 6Aa! 15.500 D M ►• 2➢>•1M 45AM . 47AS . s(W%. '• •• H 9;900 59.000 :B 1?7lvide4 ►� ►► 256M 59.900 ,AM _ BilOD4t" - N 2.266 I1,300 >II;30(- ••• NO AI)WAY NUS MQXM- ehed 4PiXedltold0) 164jet koildgvays - Mug"0lerlwga) - 1.eVektlS$eeWoa ^ ar...$�S.,.rm��...rawyaa.,.,.6.`;bm.,46re�F..o..oFe»mw•.•maaara ` $ 1Tn1 r1d04 ►• s+ -9I00 I4;60. -"MIM S1d0sn*Cov-so - A B C "B. B - 4 'ohddrd to •t VIA" 31,100 32"o-- 044% '• >S z4 a,3 b� - 6 DLvfdatl" . ►• •• Y. ow 46,BW " 49,306 : B2-I00% it6 >4. A>£1$B)'ATA.O WAi#?!kD;11} . . fldtetl[oad5va7s "D13D (do adxalt ettatvtlr)- i� a�Pp9"wleipairy dtOindlasfod pera6nt) - -_ kevdTpfHenrieo - =kmme. Modi-d I-a¢Tlnnel:iroet A41-ftndatpte1o00 Z, WIXv14e$ A v 0 0 B T M)vid4a Yet +S% ' OQ' - •t •4 4,500 10,000� k,R,600 .2 . - Lkdtvid0d No -20% . . '� ... V• '. I IOD_ 11,100. 23 . ." M»id Undivided- - Yes _ -5% .:8eo#ec "B1dr1d4lfe'f6ti€agrp60lstiom .02/2410). lf4tild [7odivided No -23% ��tOmeFlaCfiWflkli7io6 MB . 606•BCps.4n0a $flaet, f9 ..�•ee''+�������•��,�..����• j4.7it394�6459t - ONB-WAYpAPlikfIDs Depuab0oltppoadkeSnvo elinDal VobM ahtdfl0 Able hy4* to Product and Lot design 5tandards for Residential Product — -- - District ---' MIx - - - >< Its Buldl (Plidl Plantation Lot 5F Estate 10% 14 I 2400 - 5000 s.P_ 10% 15 . Village. Lot _ 5F ' StingalOw Lot 5F Ei8% 52 1900 s_f: 5i Gotta42% 1800 - 1600 Note: Thls matrix is believed to be within current GftI of I - Note: A 10' Front Yad Utility Eaisement Is anticipated. r — uare r- e/Data calculations y g ' Total site Aree: 2, x of Units: Overall Gross Residential Densi (DU/Ae�: Re uired Per Pro owed LDe Re s: Maximum Allowable Lot Coverage (40%): E; Max. Allowable Impervious Surface Area (60%): 1 e Min. open Space Required (40%): 51 Min. Improved Recreation Area Steguired (15 s.F/dW: Proposed Per current Plans: Lands fn /O en S ace Provided: _ 6 -4—ACRE -9 Percent e Landscapin /O en S a✓e Provided: ParkBuFfer n _ Lake Aree (Within le circle): U end/F.Mi Wetland (Within le circle): _ Impervious Surface Calculations: Total Lot Cover e: Lot Coverage Percenta e: h rvious Area (Plantation Lot}. ud Ids: to ervlous ,firms 51te: 1n ervlous Area NIII e Lot} i • of lots: it @n er,,4 sA.crms-Site: on ervious Area (Bungalau Lock (7�i r of lots: (� trn ervious Acrms. Site: i trn erviau Aree (Got a Lot} A Of lots: �1 AT ervlws Perms Site: . ♦�v/ice P` _ _ i ':N — -- %v Fri_ —_j - _G� GWBHOU5E iKAG7 DOO 5.F. OLU6NOU5E) I1 I \ �.. LL ) . / =cnt AID V. PARK ---'� II III III III I RK L1---- I I:I RI�L_ PA.-1L=J�l.I—L=--.. 00 AWU5T 14, 20M l INVIROSCAPe 4DPLANNDJG Bc LANDSCAPE AACii1'SECIVRE Fw2,WY16NFBTn A DIVISION OF THE EVANS GROUP + — 4.3 +_ U1 i The LIffl—O—G— akehou, >nsaaam A Walkable, Community F—T- Bc PIANNDJG , EXHIBIT 1 Site Plan APPENDIX List of Exhibits Exhibit 1— Site Plan Exhibit 2 — MOT Generalized Annual Average'Daily Traffic Exhibit 3 — Synchro 7.0 Worksheets Exhibit 4 — Traffic Counts School Statement The Lakehouse - Okeechobee, Florida The Lakehouse development acknowledges the completed impact fee study and resolution of the Okeechobee School Board adopting an initial impact fee to be paid concurrent with the issuance of a building permit for residential units. The enabling ordinances adopted by Okeechobee County, requires this impact fee be paid prior to the Lakehouse receiving it's building permits for the residential units. Accordingly, the Lakehouse intends to meet the school board concurrency by payment of the impact fee. Additionally, the Lakehouse project team will meet with school district staff to discuss bus routes, school bus stops and student safety while walking to or from the designated bus stops. Reasonable requests will be accommodated. [4107-70828.WPD] Exhibit H - Schools [4107-70848. W PD) - lvl ay, .?, u u t uti.ul p Joke Boetius 305-372-0079 p.32 v .s Notary Pubic :7DDD4::12;3r5j g; �_!► tbtnrrabn Eoos COW&Sia a 0 LAST REVISED I I/03/06 Straat Project Printed Name NotaryPublic, Stated.. Comrhission No._. My Commission Expires: r IN WITNESS WHEREOF, DEVELOPER and. OUA have executed or" have GaUsed-th-is-Addendum to be duly executed in several counterparts, each of which shall be considered an original executed copy. STATE OF FLORIDA f. COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this ITS` day of uo+rcr fb,� -, 200 (e , by George Long, Chairman,. and". John F.. Hayford, III, Clerk, on behalf of th " OKEECHOBEE UTILITY AUTHORITY Each of said persons (check one) [" personally known' to me or [ ] produced a driver's license issued by a state_ of the United States within the last five (5) years as identification, or I ] produced'other identification.'to-wit: LAST REVISED I I/03/06 Straat Project I Marie 101,60 ��� z 2 0 #DD242465 4 5 Printed Name: jqnnc., cam Notary Public, State of Florida Commission No.: My Commission Expires: may 1U 07 06:00p Joice Boetius 305-372-0079 p.30 V C. The transferee shall be required to pay for any connection(s) of the . transferred property. to: the existing :OUA facilities as required under this and' Agreement; j D_ •The . DEVELOPER shalt pay the cost; if. any, as: with the l adjustment of legal descriptions and assessment methodology and' any` other costs related thereto to accommodate the original property and the transferred property. p p rtY f7.:: Nothing in this Agreement shall be construed to prevent DEVELOPER from acquiring .additional ERC's: from OUA in -the future; but all such future acquisitions shall f be at the prevailing 'rate at the time such acquisition is made. I . 8 DEVELOPER understands: that the wastewater ERC's. reserved under the Agreement do not and shall not exist until the expansion of the existing WIIIrfF is complete: 9. OUA shall be free to spend the money paid to it by the DEVELOPER under the provisions hereof to pay for c, to obtain financing forahe_ expansion of the existing: ` ~F and shall diligently pursue the final completion of such expansion. „10 +This Addendum shall be binding upon and 'shall inure to the benefit of QUA DEVELOPER and their respective assigns and successors by merger, consolidation or conveyance/transfer_ E1. This Addendum is incorporated in and shall be a part of the Agreement and supersedes` all previous agreements or representations, either verbal or' written, heretofore in effect between OUA and DEVELOPER, made with- .respect to the matters contained herein, and when duly executed, together with the Agreement; constitutes the agreement between OUA and DEVELOPER. No additions, alterations, or variations C of the terms of this Addendum or the Agreement shal-I be valid . nor can provisions ` this' Addendum or the Agreement be' waived by either a - of Y p tty, Unless such additions, alterations; variations or waivers are expressed in writing and duly'signed.. 12. If any of the provisions of this Addendum conflict with the Agreement, the terms of this Addendum shall control. 13. If any part of this Addendum or the Agreement is found to be invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Addendum or the Agreement if the rights and obligations of the parties contained herein are not materially prejudiced, and if the intentions of the parties can continue to be effected and to that end, this Addendum and the Agreement are Ldeclared severable. 14. The Agreement and this Addendum shall both be recorded in the public records of Okeechobee County, Florida. f 4 LAST REVISED 11/63iO6 Straat Project may. to u/ ub:uup voice Boeius 305-372-0079 p.29 3. The ERC's hereby reserved for DEVELOPER; upon payment, shall attach to and run with the land described in said Exhibit "A' and shall not be severed therefrom and sold, conveyed or transferred separate and apart from, the land by. DEVELOPER, however, the OUA may re -purchase any excess, unused ERC's from DEVELOPER, following a written letter from DEVELOPER. to OUA offering. the re -purchase, inthe future< related to or resulting from a'change in the'site plan: or permittable densities by the respective local, state or federal: permitting entities at a re -purchase price.,- of $2,225.0t} per ERG, provided OUA has a third party purchaser ready' willing and able to ` purchase said excess ERC's from OUA' under a then -pending Standard Developer's ( Agreement:. OVA agrees to respond to DEVELOPER's .re=purchase offer within forty five_ (45) business days and advise DEVELOPER of OUA Board action on the status- of the offered 're -purchase. 4. With the prior written consent of the OUA, which consent shall; not -be unreasonably withheld or delayed,. for so long as a balance remains unpaid on the specjal assessments A. The DEVELOPER may, sell, `. transfer or convey all of the property l described in Exhibit "N' of the Agreerrment, and. the balance `of the special assessments may be assumed by the transferee and paid as said special assessments become' due and payable; and B. The DEVELOPER may sell, transfer or convey any portion of the property described in Exhibit "A" which includes fifty (50) or more of the reserved ERC's, and the balance of the special assessments applicable to the portion of the property sold, transferred or conveyed may be assumed and paid by the transferee as said special assessments become due and payable. 5. Upon the sale, transfer of conveyance by DEVELOPER of any portion of the property described in Exhibit "A" which'. includes less ; than fifty (50) of the reserved ERC's; the balance of the special assessments applicable to the portion of the property sold; transferred or conveyed shall be immediately and concurrently become due and payable_ 6. The following conditions shall apply to the property sold, transferred or conveyed pursuant to paragraphs 4 and 5: A. Any transferred ERC's shall be subject to any new costs and any unpaid Guaranteed Revenue Charges (GRC's) or other amounts outstanding and owed by DEVELOPER to OUA under this Agreement as of the date of the transfer; all of which shall be paid in full at the time of the transfer; and B. The transferred property and the transferee shall be subject to the same requirements as the original property and DEVELOPER under this Agreement; and 41 LAST REVISED I I/03/06 Straat Project 'M`ay ,i,o b7 06:00p Joice Boetius 305-372-0079 p.28 2. Upon the execution of this Addendum, the DEVELOPER shall pay to OUA the sum of $_79,580.001 said sum being 10% of the total amount due as shown in the Agreement, Exhibit "F" - Payment Obligation, ,Water Service Fees and -Wastewater Service Fees, and the balanceof. said amount.to be evidenced by a series of non -ad valorem special assessments levied and assessed_ by OUA on the lands of DEVELOPER as described ixhibiWatn ached to the Agreement in the amount of $ 7 t8,310.Q0. DEVELOPER hereby acknowledges that -the value of the benefit to the [ lands descrFbed in Exhibit "A"is greater than the* amount of the special assessments ` and hereby consents to the levy of the special assessments by. OUA on said: lands: m said aniouht. The special assessments shall be payable as a part of and in conjunction - with the ad valorem taxes levied* and assessed against said land ("property fax bill"} `as: follows: A. 79,590:OQ (10% of the total arnbunt) shall be due and payable as; a part of and in conjunction with the property tax b'►II for 2007 B_ $ 159180.00 (2Q%q of the total amount) shall be due and payable as a part" of and in conjunction with. the property tax bill for 2008; C. $ 159,180.00 (20% of the total amount) shall be due and payable as a part - of and in conjunction with the property tax bill for 2009; D_ 159,180.00 (20°/6 of the total amount) shall be due and payable as a part of and in conjunction with the property tax bill for 2010; and I E. 159,180.00 (the unpaid balance) shall be due and payable as a part of and in conjunction with the property tax bill for 2011. These fees previously stated in paragraphs 2A, 213, 2C, 2D and 2E in this Addendum, do not address nor do they include any Guaranteed Revenue Charges (GRC) as defined and specified in the Agreement. jAny remaining fees, charges or monies due as shown in the Agreement, Exhibit "F" as pertaining to Water Service Fees and Wastewater Service Fees, will be paid as stipulated in the Agreement- 2 LAST REVISED 11/03/06 Straat Project Nlay°`lu of u6:00P Joice Boetius 306372-0079 p.27 i FIRST ADDENDUM TO OKEECHOBEE UTILITY AUTHORITY WATER AND WASTEWATER SYSTEM STANDARD DEVELOPER'S. AGREEMENT (10120 Plan) THIS First Addendum to the Okeechobee Utility Authority Water and Wastewater System Standard Developers: A reemeht "Addendum" is made this L da of 1�40v04GM n6,6 , by._and between Montebello 13, LLC and .15. Street Homes,. LLC, hereinafter referred to as ` "DEVELOPER," and. the. OKEECHOBEE UTILITY AUTHORITY, hereinafter referred'`to as "OUA" WITNESSETH; WHEREAS, the parties hereto executed that certain Okeechobee Utility Authorit� y ( Water and Wastewater System Standard Developer's Agreement dated !_ day of dvyOVN'�2E0_� (the "Agreement"); and WHEREAS; DEVELOPER is the owner of lands described in Exhibit W attached . to the Agreement and such lands are located within the OUA service area; and ++' WHEREAS, DEVELOPER intends to develop its land into no less than 210 residential and/or commercial units (hereinafter referred to as ERCs and as further defined in the Agreement); and WHEREAS-, OUA presently does not have permitted capacity at the existing W.\A fF to serve a.ny of the units proposed by DEVELOPER and is in the process of expanding the;-Cemetery'Road 1NWTF from a present permitted treatment` capacity of 1.2 million gallons per dayto approximately 3.0 million gallons per day; and WHEREAS, OUA lacks the funds required to'construct the expansion of its existing VVVVTF, and has been responsive to the DEVELOPER's development concerns in; attempting to find a mutually agreeable way for this VVWTF expansion to occur; and f 1 WHEREAS,: DEVELOPER wishes to encourage, support and assist QUA in the I expansion of the existing VVWfF; NOW THEREFORE, in consideration of the foregoing recitals, the mutual i undertakings and agreements herein contained and other- good, and valuable consideration, the receipt and sufFciency of which are acknowledged, the parties hereby agree as follows: 1. The above recitals are true and correct and form a material part of this Addendum. 1 LAST REVISED 11,03106 Straat Project May %ib 01 06:00P Joice Boeius 305-372-0079 p.26 EXHIBIT "G" 1 PROJECT SCHEDULE I : Prior to completion of this "Agreement", the DEVELOPER shall provide the following schedule of absorption of the ERC's reserved for the project. While this schedule is understood to be a projected schedule, and therefore subject to change with time, the. DEVELOPER should use the best information available to prepared a most reasonably f, coireGt'schedule. This schedule has been prepared based upon a calendar year. P P Y I ERG's Reserved 2008 2009 2010 2011 2012 2013 TOTAL 10 80 60 60 0 _ i .Q 210 ' 26 Last Edited 11103/06 Straat Project Deferred Water _, vvivc u�cuua 6U5-3IZ-UU19 p.Lb EXHIBIT "F„ PAYMENT OBLIGATION I, Prior to completion of this project all fees (administrative, recording, capital connection charges, connection fees, etc.) shall be paid to OUA prior to the connection to the OUA System. The QUA has estimated the number of sheets to be reviewed for this project. When plans_are complete and permit received from FDEP for.this project, OUA will adjust the amount due for plan review and bill the balance to the DEVELOPER. The DEVELOPER agrees to pay OUA for the additional sheets at the rate of $60,00 per sheet for all sheets I not included in the previous estimate. The e OUA has reviewed the plans and specifications of the proposed project and es, rneted the time .OUA Employees will inspect the _construction of the. water and wastewater lines. The DEVELOPER...agrees to pay OUA for any- additional -hours required for inspections at the rate of $26.00'per hourfor all hours. between 7.0&AM and 4.00 I lM during normal work days (Monday - Friday) and 1.5 times that ratelor all hours before orafter the. normal work hours and for those hours on weekends & Holidays. Any ' additional hours for inspections will be billed monthly and must be paid to OUA before final approval by OUA and before water and wastewater service is provided to any of the lots° within the development - Any additional meetings or review of the project involving the Administrative Staff and/or Engineer of OUA will be billed at the rate of $60.00 per hour per person and must be paid to QUA before final approval by OUA. j The DEVELOPER shall notify all potential buyers of the lots within the proposed development that all OUA fees for connection to the water and wastewater system shall be paid prior to connection to the OUA systems. The DEVELOPER shall not connector allow anyone to connect to the QUA water and/or wastewater system without prior approval by the OUA; Such approval shall not unreasonably be withheld. ( Totat due for Administrative Fees $TBD See Exhibit "B" - 3 for details), Total Due. For Water Service $ TBD See Exhibit "B" — 5A for details f Total Due For Wastewater Service $ 795,900.00 I' See Exhibit "B" - 5B for details Total Due For Off -Site Contribution In Aid of Construction $ TBD See Exhibit "D" for details TOTAL DUE NOW TO OUA $ 795,900.00 TBD — To Be Determined Prior to approval of the Developer Agreement and before OUA will reserve the capacity for the project, the water and wastewater fees as specified above must be paid in full. All other fees are due and payable to OUA prior to the connection of the service lines to the property and before any meters will beset by OUA. Payment will be required based on the. fees and charges which are current at the time of payment for service_ 25 Last Edited 11103106 Straat Project Deferred Water i May �i u u t ub: b�J- p JOIC9 I�oetms 3U5�3 t2-0U t9 p.24 EXHIBIT "E" (Continued) Total Water Accrued Water Wastewater Accrued Wastewater Total Accrued Month f Mdnth Jan 2,010 s 38 Base $15.94 Base Base Base Base Feb 2010 39 $15.94 $605.72 $621:66 $16.70 $16:70 _ $634.60 $1,240.32 Mar 2010 40 $15.94 ..$637.60 $16.70 $651.30 $668.00 $1.272.96 Apr 2010 May 2010 41 42 ... $15.94 $653.54 . $16.70 $684,70 $1,305.60 $1,338.24 Jun 201D 43 '. $15.94., $15.94` $669:48 $685.42..: $16.70 $701.40 ': $1,370.88 Ju12016 44 $15:94 $701.36. .$16.70 $718.10 $734.80 $1,403.52 f16.70 'AugAu 2d10 45 $15.94 $7170 $16.70 $751.50- $�,436.16 : Sep 2010 66t 46 $15.94 $783.24' $16.70 $768.20 $1,468.SQ $1,501.44 ( 2010..47 Nov 2010.: . 48 $15.94 $749.18 $16,70 $7&4.90 $1,534 08 Dec 2010 ` 49 $15 94 $15.94 $765.12 '$789.06 $16.70 $801.60 . $1,566 72. j Jan 2011 50 $15.94. $797:00 $16.70 $16.70 $81B.30 $1.5J9 36:. Fe[}20f1 t 51 $15.94 $812.94 $16,70 $835.00 $85t_70 $1,632 00 Mar 2011 52 $15,94 . $828.88 $16.70 $$68.40 $1,864_64. ` AP.r.2011 May 2011 53 54 $15.94- $844:82 $16.70 $885,10 $1,69728 $1, 729 92 - I I*llti 201.1 : 55 ;: $15.94 $15.94 $860 76 - $876,70 $16.70 $901.80 $1,76256 Jul 2011' S6 $15.64 $892.64 $16.70 , $16.70 $9'19.50 $935.20 $1,795.20 Aug.2011 5ep'2011 57 58 $15,94 $908.58 $16.70 $951:90 $1,827:84 $1, 860.48 Oct2Q'i1 59 $15.94 $15.94 $924;52 $940.46 $16.70 $968.60 $1,893.12 Nov 2011 60 $15.94 _ $956.40 $16,70 $16.70 $985.30 $1,G02M $1,925.76 $1, 958.40 u E t � Leal Edited II/03/06 24 Straat Project Deferred Water I EXHIBIT "E° Accrued guaranteed- revenue charges (AGRC) beginning December 1, 2006, are based s on OUA'Rate Schedule effective October 1, 2006, and are as follows: Water Base Facility Charge = $15.94 Waste -water Base Facility Charge = $16.70 AGRCs are based on current C l The following table shows AGR `2011 JA Rate Schedule: and are subfect to change. for the time period` December 1, 2006 November 30, Accrued Total _< Water Water Month '. Months Base Base Dec 2606 1 .$15.94 $15.94 Jan 2007 2. $15.94 $31.88 Feb'2007 3. $15.94.': $47.82 Mar 2607 4 $15.94 $63.76 Apr 2007 5 $15.94. _ $79.70 f fffay.2007 6 $15,94 $95:64 J 6p 20.D7 7 $15.94 $111. 58 J ui 2007 8 $15.94 $127.52 [ Aug 2007 9 $16.94 $143.46.. Sep 2007 10 $15.94. $159.40 Oct 2007 Al $15.94 $V8.34 . Nov 2007 12 $15.94 $191.28 Dec 2007 13 $15.94 $207.22 Jan 2008 14 $15.94 $223.16 j Feb 2008 15 $15.94 S239.10 Mar2009 16 $15.94 $255.04 Apr 2008 17 $15.94 S270.98 May.2008 18 $15.94 $286.92 Jun 2009 19 $15.94 5302.86 Ju12008. 20 $15.94 $318.80 Augl 2006 21 $15.94 $334.74 Sep 2008 22 $15.94 $3.50.68 Oct.2008 23 $15.94 $366.62 Nov.2008 24 $15.94 S382.55 Dec 2003 25 $15.94 S398.50 Jan 2009 26 $15.94 S414.44 Feb 2009 27 $15.94 $430.38 j Mar 2009 28 $15.94 S4461,32 Apr.2009 29 $15.94 S462.26 May 2009 30 $15.94 $478.20 Jun 2009 31 $15:94 S494.14 Ju[ 2009 32 $15.94 $510.08 Aug 2009 33 $15.94 $526.02 Sep 2009 34 $15.94 $541.96 i Oct 2009 35 $15.94 $657.90 Nov 2009 35. $15.94 $673.84 i Dec 2009 - 37 $15.94 $889.78 Last Edited 11103106 Straat Project Deferred Water Accrued Total Wastewater Wastewater : Accrued Base Base Base $16.70, $16.70 $16.70 . $33.40 $.16.70'. $,97.92, $16.70 -$66.80 St W_56. $16.70 $83,50 S16320:. $16.70 $100.20 ` S195.84 $16.70 $116.90 S228A8 'S261:12 $16.70 $133.60 $16.70 $150.30. S293.76 $16.70 $167.00... S326:40 $16.70 $183.70 . S359.0:4 $16.70 - $200.40: S391.68 $16'70 $217.10 $424.32 $16.70 $233.80 $456 96 $16.70 $250.50 $489.60 $16.70 $267.20 $522.24 $16.70 $283.90 $554-88 $16.70 $300.60 $587.52 $16.70 $317.30 $620.15 $16.70 $334.00 - $652.80, $16.70 $350.70 $6851.44 $16.70 $367.40 $718.08- $16.70 $894,10 $750.72 $16.70 $400.80 $783.36 $16.70 $417.50 $816_00 $16.70 $434.20 $848.64 $16.70 $450.90 $891.28 $16.70 $467.60 $913.92 $16.70 _ $484.30 $946.56 $16.70 $501.00 $979.20 $16.70 $517.70 $i,011.8 $16.70 $534.40 $1,044.4 $16.70 $551.10 $1,077.1 $16.70 $557.80 $1,100.7 $16.70 $584.50 $1,142.4 $16.70 $601.20 $1,175.c $16.70 $617.90 $1,207.E 23 Last Edited II/0av6 22 Straat Project Deferred lk'ater wi ay i v v r w.cxop wiuu bueuus EXHIBIT "D" ON -SIT'= CONTRIBUTION IN AID of CONSTRUCTION WATER The quantity required1or this -project is as determined sand specified in EXHIBIT 'B" and DEVELOPER has not reserved the capacity with this Agreement. t As an inducement to the OUA to forego the reservation of and payment for water service.. (ERC's) fees in this Agreement, the DEVELOPER agrees to execute separate Developer Agreemerrt(s).forWater service (ERC's) based upon the drawdown schedule included in EXHIBIT IB[T ` F7 of this Agreement' The fees due for wafer service ERUs will be based upon the .rate schedule' current at the time the separate. Developer Agreements} is, (are) executed ':The fees due wilt , be paid in full . upon the execution' of. the separate " `,Agreement(s). "Nothing contained in this Agreement shall be' construed to prohibit the DEVELOPER from requesting an acceleration of the drawdown schedule provided the r .OUA has the water servicecapacity available: Proposed Water Mains and .Fittings as shown on Drawings to be prepared and presented E `at a future date are to be connected to the existing QUA Water Mains and an easement, as: required;.provided to the ;QUA for operation. and maintenance of the water rr►ains and 4 connections.to, the water main. DEVELOPER shall install the water service line from the water main to the property line as required by OUA and shall include the installation of the Angle Valve and Meter Box set to finish grade. WASTEWATER The quantity required for this project is as determined and specified in EXHIBIT "B" and DEVELOPER has reserved the capacity with this Agreement_ However, the capacities reserved are not vested or entitled until payments have been received and only for those E. portions paid. Proposed Sanitary Sewer Pump Station, Manholes, Force Main, Sewer Piping and other appurtenances as shorten on.Drawings to be prepared and presented at a future date are to be connected to the. existing OUA service system. 21 Last Edited 11/03106 Stnat Project Deferred Water 'May 90 U/ Ub:bbp JOICe Boetius li i IS_W 7 zE� S_ Vjr 8_T GREET ! t •= yE •+ ss " ! .171 t, LTif 9TF2E L, F.. 14 T]t=+_{TREE-i s� t$ zt ~=. Qr 305-372-0079 p.20 EXHIBIT tr^n — SITE AREA MAP (Continued) Parcel ID Number.: 2-21-37-35-OA00-00006-B000 LQsf Fdfed 11103106 20 Straat Project ]Deferred Water Ll EXHIBIT "C" SITE AREA MAP - TH-STREET d C7 T H-Sf REE-r :'_ .Lei TH BTREET . tTH STREET � e ' - W Q 46.E r { ITH STREET ~ I _ Parcel ID Number: 2-21-37-35-OA00-00006-A000 29 Last Edited IIl03r Straat Project Deferred Water N N d S_ U TH- STREET MdY 10 07 05:57 p Joke Boetius 305-372-0079 P 18 EXHIBIT " B" (continued) DEVELOPER shall deliver or assign to OUA a one Year warranty for the portion of the water, and wastewater system constructed and placed in service. by DEVELOPER ( warranting that such portion- is free of defects including deficiencies in the design, materials or installation of. the system or failure to operate properly. The warrant begin on the date of the_final acceptance by OUA. The warranty will provide, amongotherr thrngs, that DEVELOPER will; upon written -notification by OUA, correct any defici as soon as possible or reimburse Y end6s urse the OUA for any work performed by OUA to correci th:e deficiencies. l Payment of the Capital Con nectron Charges shall not be payment of contributions in aid of construction. The OUA reserves the right to adjustthe capital Connectron Charge (CCC) if and when the actual flows of he project are found: to be in excess of.the. estimated.flovrrs us f the project or at any time the site plan, occupancy or use of arty exist budded for f changed. 9 mg is f A Water Service Fees: Con nectron Fees and. Capital Connection Charges are to be paid by the DEVELO upon ` execution of this Agreement. .FeePE s and Charges other than those paid as a reservation for water capacity are subject to change and payment will be required based on the fees which are current 'at the'time of payment for service. Description Connection Fees (Insnt pect and Install -/" Meter 210 X $ Amount~— per unit) E: $ TBD mou Capita[ Connection Charges (210 ERG's X Total due for Water Service $ TBD One (1) Water, equivalent residential connection $ TED (ERC) 25a gallons per day TBD -- To Be Determined = [ B_ Wastewater Service Fees: Connection Fees and Capital Connection Charges are to be paid by the DEVELOP ER Upon the execution of this Agreement. Fees and Charges. other than those- paid as a reservation for wastewater capacity are subject to change and payment Will be required j based on the fees which are current at the time of payment for service. Description Inspection Fee for Connection (21O X $140.0o per unit) Arnouht Capital Connection Char es $ 29,400.0a 9 (27 Q ERC's X $3,650.00) $ 766,500.00 Total due for Wastewater Service One (1) Wastewater equivalent residential connection (ERC = 25Q 795,940.00 gallons per day Last Edited 11103106 18 Straat Project Deferred Water Nlay 10 of Ob:b7p Joice Boetius 305-372-0079 p.1 DEVELOPER sha, .,-)ay the Capital Connection Cha,_s, which shall be non- refundable, for all capacity reserved hereunder at the time of the execution of this Agreement. This payment may be -for the entire. project or for specific phases, however plant capacity shall only be reserved for that portion for which the Capital Connection Charges have been paid. In the event DEVELOPER elects to pay Capital Connection Charges in phases, he shall pay such chargesfor each phase priorto the commencement of each such phase; however,.a new Agreement will be required for each phase with current rates and charges in effect at time of execution of each new Agreement. Each additional equivalent residential connection (ERC) reserved by DEVELOPER for the"subject property in the future will be subject to an Accrued Guaranteed Revenue Charge (AGRC) which begins accruing on December 1, 2006. The AGRC will continue to accrue on a monthly basis until November 30, 2011. The amount of the monthly accrual will.be calculated on the 15t day of the month. After November 30, 2011, the accrual.of [ AGRC will cease and the amount shall remain fixed as of that date and thereafter unless the OUA Board directs otherwise. The AGRC -will be calculated .according to the Okeechobee Utility Authority mate Schedule. An accrua{ schedule based upon current rates is attached as Exhibit "E". The date of execution of a new. Agreement acid the nunib'er of ERC's reserved on the date of the execution of the new Agreement will determine the -amount of the AGRC. The AGRC is due andpayableupon execution of the new Agreement.. After the new Agreement has been executed and the AGRC paid, no additional AGRC will be charged against the ERCs reserved in the new Agreement. Beginning December 1, 2008 or the completion date of the expansion of the WWTF, whichever is later, each ERC-reserved by DEVELOPER that is not connected to the OUA F system shall be subject to a Guaranteed Revenue Charge (GRC) as specified and defined in the OUA Rate Schedule. DEVELOPER shall pay the GRC to the OUA in advance on an annual basis for a fiscal period from October 1 to September 30. The GRC shall be due and payable on or before October 15 and will be deemed late if payment is not received by October 31. If DEVELOPER has not paid the GRC to OUA by October 31, a late charge of five percent (5%) on the amount owed shall be due and payable. If the full payment (GRG plus late charge) is not received by the OUA by November 30, then the Developer Agreement shall become null and void and all monies paid to OUA shaft be. retained` by OUA as agreed and liquidated damages and all reserved ERC's not connected to the OUA system shall be forfeited. DEVELOPER shall be responsible for providing to OUA on a monthly basis a tabulation of those ERC's transferred by DEVELOPER to third parties (representing service connections to the OUA system). Each fiscal year ending September 30, the DEVELOPER shall submit an analysis to OUA showing those ERC's transferred to third parties during the year (October 1 through September 30). OUAwill review all information submitted by DEVELOPER and may refund or creditto DEVELOPER the amount of any excess GRC's found to have been paid for such period. 17 Last Edired 11,103106 Straat Project Deferred Water May 10 '07 05:57p Joice Boeflus 305-372-0079 EXHIBIT "B (continued) Description p.16 I . Document Recording. Fee' e+rr ouni -Pages @ $ 9 4.50 per page $TBD I Review of plans relating to installation of water and sewer lines $ TBD $60.00 er a e ` Estimated pages) Inspection Fees'. TBD Hours. a@ $25.00 per hour Administrative Fee:(Cost of processing Agreement; project I tracking:thraugh Certific_ ate of OccupancY) hours $TBD $25.00 per hour f Title insurance Fee _ f $ TBD I ----------- TOTAL $ TBD TB D —Jo Be Determined 4 Notwithstanding the fact that this Agreemenrt is bein g executed solely to connection with the provision of water and wastewater service to the - Property by OUA; DEVELOPER acknowledges, understands and agrees that OUA is the sole and exclusive provider of water and wastewater services within the service areas of OUA's utility systems. Accordingly, notwithstandin g provisions to the contrary set forth in Section 3 of this Agreement, DEVELOPER shall not have the right to grant any rights, privileges or easements to any other entities to provide water and wastewater service to the -Property. Additionally, notwithstanding language to the contrary set forth in Section 15 of this Agreement; DEVELOPER agree Of s (a) that it shall not engage in the business providing water and wastewater service to the Property during the period of time QUA, its successors and assi ns' g provide any utility services to the properly, the foregoing being a covenant running with the land, and (b) OUA, its successors and assigns, shaft have the sole and exclusive right and privilege to provide water and wastewater service to the Property and to the occupants, of each residence, building or unit constructed thereon. 5_ Notwithstanding the provisions of Section 19 of the Agreement,' DEVELOPER is reserving 52,500 average gallons per day, equaling 210 ERC's (the Reserved ERC's) as calculated and set forth on Exhibit "F" hereto. Provided DEVELOPER (a ) -pays. the charges shown on Exh�, (b) complies with all the terms and conditions set forth in the Agreement, and complies with all the provisions of OUA's applicable Resolutions, as the same may be modified or amended, DEVELOPER shall have the right to utilize the Reserved ERC's so long as DEVELOPER connects to OUA's Water and Wastewater System to utilize the Reserved ERC's. Last Edfled 11, 03106 16 Straat Project Deferred Water may iu ut =-orp Joice 130etius 305-372-0019 p.-►o EXHIBIT "B" SPECIAL CONDITIONS The following Special Conditions set forth in this Exhibit "B" are attached to and incorporated in that certain Okeechobee Utility Authority Water and Wastewater System Standard Developer Agreement (the "Agreement") by and between Montebello 13, LLC and 15th Street. .Homes, LLC, hereinafter referred to as "DEVELOPERand OKEECHOBEE UTILITY AUTHORITY, hereinafter referred to as "OUA." 1. Site Area Map. Attached to the Agreement as Exhibit "C" and made a part thereof is the S[te Area Map. 2.. Contributions in Aid of Construction for On-Site/Off-Site Facilities.- f a: Plans All of DEVELOPER construction of utility facilities, whether on -site . or aff-sie, whether conveyed to OUA or not; shall be in accord nae With the standards and specifications as -designated bythe OUA, as the same may be revised by OUA prior to final approval. b.-On-Site/Off--Site Facilities. Notwithstanding anything to the contrary set_ forth in, the 'Agreement; DEVELOPER shal[ provide; install; convey and dedicate to OUA all water mains, wastewater collection mains and lift station, together with- all appurtenances thereto, with an electronic copy of Record . Drawings in a coordinate system. acceptable for: standard geographic information system platforms, two (2) sets of Record Drawings, FDEP I approvals, itemized cost of construction and quantities of materials used in - construction and a one year warranty described herein prior to OUA's acceptance of the water and wastewater system, in accordance with OUA's i standards and specifications and OUA's Resolutions, as shown on Exhibit "D" and more particularly described on the Plans. 3. Pursuant to Paragraph 5.4 of the Agreement, recording, administrative, inspection and title insurancefees are to be paid by DEVELOPER, concurrently with execution of this Agreement, as follows; (to be determined later and agreed to in a Addendum tor this Agreement) 15 Last Edited 11/03/06 Straat Project Deferred Water Last Edited II/03106 14 Straat Project Deferred Water i May. 10 07 05:56p Joice Boeti«s 305-372-0079 P•I�J JOINDER 4hundersigned, s owner a d holder of that certain Mortgage (the " ortgage") d ted day of , 20 ,recorded in Official Records Book Pageic Records _ f 0!<eechob e County, Florida, hereby joins in the execution f the foregoing Agreementto consent to the terms and conditions set forth therein and to make the lien of the Mortgage and the security interest in any personal property; as it may be modified and/or assigned in the future, subject, subordinate, junior and inferior to (a) the Agreement, and any arriencfinents thereto in the future; (b) the easements, rights and obligations granted or created, or contemplated to be granted or Created thereunder; and (c)'the utility facilities ntemplated to be transferred: to OUP: therecinder; if any. By Its: Officer Previousy Submitted STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of a � 2D_, by _ as of - -- corporation. Said person (check one} is personally known to me, produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, or produced other identification, to wit: Print. Name: Notary Public, State of: _ Commission No_: My Commission Expires: 11 Last ERted 11107106 Awesome Rauch Project Viay 10 07 05:56p Joice BoeBus 305-372-0079 P.12 JOINDER The undersigned, as owner and holder of that certain Mortage _day of 2066 ,recorded in Official Records Booke "Mortgage") dated Public Rec67 ords f Okeechobee County, Florida, hereby joins -in thhee executionPage o the foregoing Agreement to consent to the terms and conditions set forth Ehereiri and to mace the lien of the Mortgage and the security interest in any personal property,. as it may be modified arid/or assigned in the future, subject, subordinate, junior and- inferior to a the `Agreement,. and any amendments thereto in the future ) obligations granted or created, or contemplated to tie granted or created the. reu der and � d O t utility facilities contemplated to be transferred to QUA thereunder, if any., �.;. - c gy- O n �1t� l i a pts Its Officer tC�� STATE OF FLORI A COUNTY OF O�CCd_ The foregoing instrument was acknowledged be ore me this 20� � > by Jr) k 1,\ � i cz vL�� :Ttday of 9 v as � -v' �- of corporation. Said person (check one ✓ a } is personally known to me, produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, or produced other identification, to wit: 1-7 Print Name,Q ����►rr,,, Notary Public, State Commission No.: My Commission Ex i Last Edited 11103106 12 Straat Project Deferred 'Water vent Name ISTATE OF FLORIDA COUNTY OF ,r04/titf The foregoin instrument as acknowledged fore me this day of ifu 20�, E�y J C��� , as c� of 15 Street Homes, LLC, a Florida Limited Liability Company_ Said person (check one) � - is personally known to me, produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, or produced other identification, to wit: l Print Name: Notary Public, State of; Commission No.: My Commission Expires: 11 Last Edited 1 UO3/06 Straat Project Deferred Water Va.: FtEf010ELPftCommission C.ortxnluioa iF DD 4123M. Bonded By Naional 2 jrfAssn. Nay 10 07' 05:55p Joice Bodus 305-372-0079 P.10 WITNESSES FOR D, � _L- DEVELO R: Montebello 13, LLC Print Name: Notary Public, State of: Commission No.: MY Commission Expires: Last Edited 11103106 10 Straat Project Deferred Water P`a ^ RE IOICE BOE71Ug + Nry Fabric- Scats of Comrnfwpn Ex 2Q% D6!Bs Mar 2g DO412J51 w�ryAssn. uuCuuJ O V :YO r L.-uV ! o P' .;N WITNESS WHERI. _, DEVELOPER and OUA have ex ,ted or have caused this Agreement, with the named. Exhibits attached, if any, to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Agreement. The foregoing instrument was acknowledged before me this -LI!Nay of ovcmbc-r - 20oCA_ by Chairman o ehalf of the OKEECHOBEE UTILITY AUTHO TY. S person (check one) is personally known to;Me, produced'a driver's license (issued by a state of the United States within the last five (5) years) as identification, ` or produced other identification, to wit: f C" A-t.) Print Name_ �. Notary Public, State of: 110r►ciax Commission No.: My Commission Expires: 7 Last Edited IJ103106 Straat Project Deferred Water e Matie 10 ,, z' IDD242465131 oe Wty '10 b7 05:55p Joice 8oetius 305-372-0079 p.8 SECTION 15_ CC =NANT NOT TO ENGAGE IN W1 :R OR WASTEWATER BUSINESS. DEVELO ER, as a further consideration for this Agreement, agrees that it ` shall not engage in the business of providing water and wastewaterservice to the p�oj er[y during. the period of time OUA, or its successors and assi ns wastewater service to the roe g , provides water and of p p rtY, it being the intention of the parties hereto that the fore g ng provision shall be a covenant running with the land. Under said provision and also under other provisions of this Agreement, OUA shall have the sole and exclusive Iright.and privilege, so long as it is reasonably capable of doing so, to provide wafer and wastewater service to the property and to the occupants of each residence, building or unit constructed thereon. SECT[ON16_ RECORDATION.- - The parties hereto agree that an executed copy of this Agreement and Exhibits attached hereto shall be recorded in the Public Records of ( Okeechobee County, Florida, at the expense of DEVELOPEk: SECTION 17. SEVERABILITY if any. part of this Agreement is found. invalid or unenforceable by any court, such invalidity or unenforceability-shall'not affect the other [ pads of this. Agreement if the rights a 9 nd obligations of the parties contained therein are notm*rially prejudiced, and if the intentions of the parties can continue to be effected Ta that eridi this Agreement is declared severable. SECTION 18. AUTHORITY TO EXECUTE AGREEMENT The signature by an person to. this Agreement shall be deeri ed a warra►ity by -that person that he has the fu! I power and authority to bind any corporation, ration, partnership, or any other business entity on behalf of which he signs hereunder - SECTION SEE EXHIBIT "B." ATTACHED TO AND INCORPORATE© IN THIS AGREEMENT last Edited 11103106 5tmat Project Deferred Water UUtco DUeuus 3Ub�SlL-UU/y P. r property or property nghts that may arise from or be related to acts, errors, or omissions of DEVELOPER, its agE , employees, servants, licensees, it yes, or contractors or by : any person under the control or direction of DEVELOPER, or 6y DEVELOPER'S use of OUA's system, and DEVELOPER shall indemnify OUA as aforesaid from all liability, �. claims and all other items above mentioned, arising or growing out of or connected with any'default, breach, violation or nonperformance by. DEVELOPER of any covenant, condition, agreement or provision contained in this agreement concerning all or any part of OUA's system_ 14.3.. FORCE MAJEURE. QUA shall not be liable or responsible to. I take action it is required to DEVELOPER by reason of the failure or inabilityof QUA t k y q. take or to comply with the requirements imposed hereby or any injury to DEVELOPER or bythose claiming by or through DEVELOPER, which failure, inability or injury is caused „directlyor indirectly by force majeure as hereinafter set forth. The term "force majeure"as. employed herein shall mean acts of god, strikes, lock -outs; or other industrial disturbance; acts of public enemies, war, blockades, riots, acts of armedl forces, _militia, or public aufihority;. epidemics; breakdown of or,damage to. machinery; pumps, or pipe [fines; landslides; earthquakes, hurricanes; fires, storms, floods, or washouts; arrests, title disputes, or other litigation; governmental restraints of any nature whether federal; state, county municipal or otherwise, civil or military; civil` disturbances; explosions; failure or inability to obtain necessary materials; supplies, labor or permits .or governmental ( approvals whether resulting from. or pursuant -to existing or future rules, regulations, orders; laws or proclamations whether federal, state, county, municipal or otherwise, civil ar rnili ary- or by any other causes, whether or not of the same kind asenumerated herein, not'within the sole control of OUA and which by exercise of due diligence OUA is unable, to overcome. 14.4. DISCLAIMER OF THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of and shall be binding upon the formal parties hereto and their G respective authorized successors and assigns, and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a party to this Agreement or an authorized successor or assignee of any third party. 14.5. DISCLAIMER OF SECURITY. Notwithstanding any other provision of this Agreement, DEVELOPER expressly acknowledges (1) that it has no pledge of or lien upon any real property (including, specifically, OUA's system), any personal property, or anyexisting or future revenue source of QUA (including, specifically, any revenues or rates; fees, or charges collected by QUA in connection with OUA's system) as security for any amounts of money payable by OUA under this Agreement; and (2) that its rights to any payments or credits under this Agreement are subordinate to the rights of all holders of any stocks, bonds, or notes of QUA, whether currently outstanding or hereafter issued. . 14.6_ AGREEMENT NOT A COMMITMENT FOR SCHEDULE_ There shati be no liability whatsoever on the part of QUA for failure to provide water and wastewater service to DEVELOPER according to DEVELOPER needs or schedules. This Agreement constitutes a promise of good faith and not a timetable for delivery of utility services bythe QUA_ Likewise, the schedule provided by the DEVELOPER in Exhibit 'G", is a good faith estimate and not an absolute fixed timetable for -actual absorption of the ERC's reserved under this Agreement- 7 Las[ Edited 11,103106 5traat Project Deferred Water uu•54-p Jorce Boetius _ the same Is deposited in the United States mail as first class 305372 �79 P�6. I' mail postage. receipt requested, wh e - � P 9e paid, return p q r or not the same is actually receiv by such party f the first business day fistlowing delivery on of same to an overnight courier, as e idencled by the sender's copy of the bill of lading issued by such overnight courier. . To DEVELOPER; Montebello 13 LLC 15"i Street Homes. LLC Atthi Jose[. Rasco .701 Brickell Avenue, Suite 1740 Miami, Florida 33131 I I To OUA: OKEECHOBEE UTILITY AUTHORITY C Attn:E= Uacutive Director :100 SW 5 ' Avenue Okeechobee; Florida 34974-4221 Any -party may chanth ge e address to be used for notlfcation rovidin . purposes hereunder by providing written notice thereof in accordance with the terms hereof to the`otl er parties,' f SECTION 12. SURVIVAL OF COVENANTS. The n' hts ri covenants of DEVELOPER and OUA shall suetrvive the cornpte9on� oItset�work of { n an D-EVELOPER wifh_respect to compling the -water and wastewater facilities and services _ to any phase area and to the Property as a whole_ SECTION 13_ ENTIRE AGREEMENT- AMENDMENTS, APPLICABLE LAW- ; ATTORNEY'S FEES. This Agreement supersedes all previous agreements or representations, either verbal or written, heretofore in effect between DEVELOPER and OUA, made with respect to the matters -herein contained, and when duly executed, constitute the agreement between DEVELOPER and QUA. No additions; alterations or variations of the, terms of this Agreement shall be valid, nor can provisions of the Agreement be waived by either party, unless such additions,. alterations, variations or waivers are expressed. in writing and duly signed. This Agreement shall be governed by the laws of the State of Florida,. and it shall be and become effective immediatelyupon. execution by bath 'parfies hereto- In the event that OUA or DEVELOPER is regijired to enforce this Agreement bycourt proceedings or otherwise; by instituting suitor otherwise, then the prevailing party shall be entitled to recover all costs incurred and includin reasonable attorneys' fees, at both the trial and appellate court levels_ g SECTION 14. DISCLAIMERS- LIMITATIONS ON LIABILITY_ 14.1 _ STATUS. - The parties deem each other to be independent contractors, and not agents of the other. 14.2. INDEMNITY_ DEVELOPER shall indemnify OUA, its board members, agents, employees, consultants, and contractors, from and against any and all claims, liability, demands, damages, expenses, fees, fines, penalties, suits, proceedings and actions, including attorneys' fees, for injury (including death) to persons or damage to Last Edited 11103106 5 St -aat Project Deferred Water IVvay iU U /' Ub:b4p Joice Boetius 30b-3 /'G-Uu va P.o SECTION 6. EVir NCE OF TITLE. At the expense c EVELOPER, OUA shall order from a title insuf-er licensed to do business in the State of Florida, and otherwise acceptable to. OUA, evidence of title with respect to Property and/or that portion of the Property which shall be subject to the easement(s) for On -Site Facilities (as defined herein), if any, being granted to OUA pursuant to the terms hereof_ Any lien holder acceptable to OUA and any mortgagee having an interest in the Property shall be required to join in the grant of service rights set forth in this Agreement and in any document evidencing easement rights granted to OUA. SECTION 7. OWNERSHiP OF FACILITIES. DEVELOPER agrees with OUAthatall Water. and. wastewater facilities conveyed to OUA for use in connection with providing i water and; wastewater services to the Property, shall at all times remain in the complete and exclusive ownership of OUA, and any entity owning any part of the Property or any residence or building constructed or located thereon, shall not have the right; title; claim or interest in and to'such facilities, or any part of them,. for any, purpose, including' the furnishin of water and wastewater services to other persons or entities located within or, ' ,. g beyond the limits of the Property. ! SECTION- 8. APPLICATION OF RULES REGULATIONS, RATES, FEES. AND CHARGES. Notwithstanding any provision. in this Agreement, OUA may establish, revise, I modify and enforce rules, regulations, rates, fees and charges covering the provision of - . water and wastewater service to the Property. Such rules, regulations, rates, fees and charges are subject to the approval of the QUA Board., Such, rules and regulations shall at all times be reasonable and subject to regulation as may be provided by law or under contract. Fates, fees and charges assessed to DEVELOPER or customers located upon the Property shall be identical to rates, fees and charges assessed for the same classification of service_ All rules, regulations rates; fees and charges in effect, or placed into effect in accordance with the preceding shall be binding upon DEVELOPER, upon any other entity holding by, through or under DEVELOPER and upon any customerof the water and wastewater service provided. to the Property by OUA. SECTION 9_ PERMISSION TO CONNECT REQUIRED: DEVELOPER, or any owner of. any parcel of the Property, or any occupant of any residences or buildings located thereon, shall not have the right to and shall not connect any customer installation to the water and wastewater facilities of OUA until approval for such connection has been s granted by OUA_ - E SECTION .10. BINOING AGREEMENT: ASSIGNMENTS BY DEVELOPER. This Agreement shall be binding upon and shall inure to the benefit of DEVELOPER, QUA and their respective assigns and successors by merger, consolidation or conveyance. This Agreement shall not be sold, conveyed, assigned or otherwise disposed of by I DEVELOPER without the written consent of QUA first having been obtained_ OUA ag rees not to unreasonably withhold such consent_ I SECTION 11. NOTICES. Any notice, report, demand or other instrument authorized or required to be given or furnished hereunder shall be deemed given orfumished (i) when addressed to the party intended to receive the same, atthe address of such party setforth below, on the date hand delivered at such address, or (ii) three (3) business days after 5 i Las[ Edited 11103106 Stmat Project Deferred Water M'aY i ). O7, 05:53p Joice Boetius 305-372-0079 p,q. D_4. t-ees, in accordance with OUA's applicable published rate schedule forthe same classification of vice, will be levied by OUA to cover cost of plan review and inspection, and the cos-cof DEVELOPER negotiations. 5_5. By these presents, DEVELOPER hereby transfers to OUA title to all water f distribution and wastewater collection systems installed by DEVELOPER contractor, pursuant to the provisions of this Agreement. Such conveyance is to take effect without further action upon the acceptance by QUA of the said installation. As further evidence of said transfer of title, and upon the completion of the installation and prior to the rendering of service-byUA, DEVELOPER shall conveyto OUA, by bill of sale, or other appropriate documents, in form'satisfactory to. QUA's counsel, the appropriate on -site and complete ` aff srfe water distribution and . wastewater collection system as -constructed by I DEVELOPER and approved by OUA, as set forth in this Agreement. DEVELOPER shall further cause to be: conveyed to OUA, all easements and/or rights -of -way covering areas in which water distribution and wastewater collection systems are installed by recordable {` document in form satisfactory to OUA' s counsel: All c onyeyance of easements and/or, rights-of.way'shall be: accompanied by evidence of title satisfactory to .QUA; .which establishes DEVELOPER'S right to convey such continuous enjoyment of such easements or rights -of way. for. those purposes set forth in this Agreement: The use of easements- granted by DEVELOPER shall include the use by other uti[ities; so long as f such uses by electric,�teiephone or gas utilities; or cable. television do not interfere with use by;OUA: QUA agrees thafi the acceptance of the water distribution and:`wastewater collection systems installed by DEVELOPER, forservice,or acceptance of the bill of sale, f shall.1 constitute the assumption of -responsibility by OUA for the operation and maintenance of such Water and Wastewater System from that date -forward. 55-6. All installations by DEVELOPER or its contractor shall be warranted for at least ONE (1) year from the date of acceptance by OUA. Mortgagee(s), if any, holding prior liens on such properties shall be required to release such liens, subordinate their position and join in the grant or dedication of the easements or rights -of -way- All water distribution and wastewater collection facilities shall be covered by easements if conveyed to QUA and not located within platted or -dedicated rights -of -way. 5.7. When ever in the opinion of OUA, ownership by QUA of the internal water distribution and wastewater collection system is not necessary, then, at the sole option of OUA, DEVELOPER, or its successor or assigns, may retain ownership and the obligation for maintenance of such on -site facilities. 5.8. Payment of the Contributions -in -Aid -of Construction does not and will not result in OUA waiving any of its rates, rate schedules or rules and regulations, and their enforcement shall not be affected in any mannerwhatsoever by DEVELOPER making the contribution. QUA shall not be obligated for any reason whatsoever nor shall OUA pay any interest or rate of interest upon the contribution. Neither DEVELOPER nor any person or other entity holding any of the Property by, through or under DEVELOPER, or otherwise, shall have any right with respect to a refund of contributions, or interest payment on said contributions_ No user or customer of water and wastewater services shall be entitled to offset any bill or bills rendered by QUA for such service or services against the contributions. DEVELOPER shall not be entitled to offset the contributions against any claim or claims of OUA. Las: Edited 11103" 4 stmat Project Deferred Water M`a " 40 GT-05:53p Joice Boetius 305-372-0079 p.3 r1otection. vuA agrees -that, once it provides water and wastewater service to the Property, and DEVELr ER or others have connected custon Installations to the Water and Wastewater System, thereafter OUA shall provide, at its in- ial cost and expense, but in return for payment of all applicable rates, fees, and charges and in accordance with and subject to the other provisions of this Agreement, and of applicable laws, including rules and regulations- and rate schedules, -water and wastewater service to the Property in a manner to confort^n with all requirements of all govemmental agencies having jurisdiction over the. water distribution and wastewater collection operation of OUA- SECTION. 5. DESIGN! REVIEW CONSTRUCTION, INSPECTION; AND CONVEYANCE OF FACILITIES. 55J. -To induce OUA to provide.water and wastewater facilities, and to provide customers located on the Property with water and wastewater services, DEVELOPER hereby covenants. and agrees to pay for the construction and to transfer ownership and cantroI to OUA as a Contributionin-Aid=of-Construction; the on -site and off -site water distribution. and wastewater collection systems referred to in the Special. Conditions attached hereto as Exhibit"B". 5.2. DEVELOPER shall pay, in accordance with OUNs applicable published rate schedule forthe same classification of service, OUA to review engineering plans and specifications of the type and in the form as prescribed by OUA; showing the on -site and off=site water distribution and wastewater collection systems proposed to be installed to -provide service to the Property. -OUA will advise DEVELOPER engineer of any sizing requirements as mandated by OUA Resolutions for the preparation of plans and specifications for facilities within the Property. if applicable, such detailed plans may be limited to a phase of the Property, and subsequent phases may be furnished from time to time. However, each such phase, if applicable, shall conform to a master plan for the development of the Property and such master plan shall be submitted to OUA concurrent with or prior to submission of plans for the first phase. All such plans and specifications shall be submitted to OUA and no construction shall commence until OUA has approved such -plans,_shop drawings and specifications in writing. After approval; DEVELOPER. i shall cause to be constructed, at. DEVELOPER expense, the water distribution and/or wastewater collection systems as shown on all plans and specifications. 5_3. During the construction of the water distribution and wastewater collection systems by DEVELOPER, OUA shall have the right to inspect,.\ ith_prior reasonable notice to DEVELOPER, such installation to determine compliance with the plans and specifications, adequacy of the quality of the installation, and further, shall be entitled to perform, with prior reasonable notice to DEVELOPER, standard tests for compaction, pressure and leakage, infiitrationlexfiltration, line and grade, and all other normal engineering tests required by specifications and/or good engineering practices. Two (2) sets of Record Drawings, -an electronic copy of Record Drawings in a coordinate system acceptable for standard geographic information system platforms, FDEP approvals, itemized cost of construction and quantities of material used in construction and a one year warranty, as described in Exhibit B attached shall be submitted to OUA upon completion of construction. Last Edited II103/06 Straat Project Deferred Water Niat; 1-0 67- 05:53p Joice Boetius 305-372-0079 p,2 incilca-ma, the -point of delivery shall be at a point in the customer's lot or property line: (3) "Contribution -in Aid -of -Construction" - The sum of money, and/or property, represented by the value of the water distribution and wastewater collection � systems, constructed by DEVELOPER, which. DEVELOPER covenants and agrees to pay for and deliver to OUA, as a Contribution -in Aid- of -Construction; to induce OUA to provide.water and wastewater service to the Property. SECTION. 3 , EASEMENT AND RiGHT OF ACCESS.- DEVELOPER hereby grants f and g ives DUAthe exclusive right or privilege to own, maintain, and operate the water and. l wastewater facilities in, •under, over and across the present and future streets; roads, easements; reserved tftility�sites as provided and dedicated to public use in the record_, r plats, or as provided for in. agreements;-' dedications or grants made otherwise artd I rndependent`of said record plats. DEVELOPER hereby further agrees that the foregoing: grants in the necessary right of ingress and a ress to anProperty'.that th.e. fare oin 9 y Part of the ( g g grants. shall be for such period of time as.OUA requires such rights, privileges or easements in the ownership, maintenance; operation or expansion of the water and urastewater faciliti-es; that in the event OUA is required to install any of its wafer f and wastewater facilities in lands within the Property lying outside the streets and f easement areas described above, then DEVELOPER shaI[grantto the extent reasonably , Possible to OUA, without costor expense to OUA, the necessary easement or easements for such "private property" installation, •provided all such" "private property" installation by 'OUA shall be made in such a manner as not to interfere with the then or future use of such"private property." OUA covenants that it will use due diligence in ascertaining all i easement locations; however, should OUA install or accept ownership of any facilities j outside a dedicated easement area, DEVELOPER, on behalf of itself and the successors and assigns of DEVELOPER, covenants and agrees that OUA will not be required to move or relocate any facilities lying outside a dedicated easement area so long as the facilities do not interfere with the then or future use of the area in which the facilities have been installed. in the event any such facilities, which have been funded and installed by OUA, do interfere with the then or future use of the area, OUA agrees to relocate 'such facilities at its own cost as promptly as reasonably possible. OUA hereby agrees that all , easement grants will be utilized in accordance with the established and generally accepted practices of the water and wastewater industry with respect to the installation of E all its water and wastewater facilities in any of the easement areas; and DEVELOPER in granting easements therein, or pursuant to the terms of this instrument, shall have the right to grant exclusive or non-exclusive rights, privileges and easements to other entities to provide to the Property any utility services other than water and wastewater service_ SECTION 4. PROVISION OF SERVICE. In consideration of, and upon full compliance with ail of the prerequisites to be performed by DEVELOPER, contained in this Agreement, and all applicable OUA policies, procedures, and Resolutions, OUA covenants and agrees that it shall allow the connection of the water distribution and wastewater collection facilities installed by DEVELOPER to the central water and wastewater facilities of OUA in accordance with the terms and intent of this Agreement. Such connection shall be in accordance with rules and regulations of the Department of Health and Rehabilitative Services and the Florida Department of Environmental Last Bdired 11/03/t36 2 Straat Project Deferred Water .IjmlG UUCUUS JV V^.7lG VV/a v�—+N• OKEECHOBEE UTILITY AUTHORITY ' _ TER AND WASTEWATER SYSTE. f�asr STANDARD DEVELOPER'S AGREEMENT ('[o/20 Plan) THIS AGREEMENT made and entered into this It_ day of 20 by and between Montebello 13, LLC and 151h Street Homes, LLG, hereinafter referred to as.DEVEL OPER,"and OKEECHOBEEUTILITY AUTHORITY, hereinafter referredtoas RECITALS Z DEVELOPER owns lands. located in Okeechobee County, Florida, and described. in Exhibit "A' attached hereto and made a part hereof as if fully set out in this paragraph and hereinafter referred to as "Property, and DEVELOPER has or is about to develop the Property by constructing or erecting improvements thereon. 2_ DEVELOPER is desirous of providing for the construction and/or maintenance of central water and. wastewater facilities so' the improvements .constructed will receive adequate water and wastewater service. 3: OUA is willing to provide, in accordance with the provisions and stipulations hereinafter set out;' and in accordance with all applicable laws, central water and wastewater service, i 'and to -have exterided'such service byway of water.,rnains wastewater,mains, and lift stationand to thereafter- operate same so the occupants of each residence or commercial improvement constructed on the Property will receive an adequate water and wastewater service from OUA. ACCORDINGLY, for and in consideration of the Recitals, the mutual undertakings and agreements herein contained and assumed, and other good and valuable consideration the receipt and sufficiency of which are acknowledged by the parties, DEVELOPER and OUA hereby covenant and agree as follows: SECTION 1. RECITALS. The above Recitals are true and correct, and form a material part of this Agreement. .SECTION 2_ DEFINI.TIONS. The definitions set forth in the Interlocal Agreement creatingi the Okeechobee Utility Authority between Okeechobee.. County, Florida (the "County"), and the City of Okeechobee, Florida (the "City"), dated November 10, 1994, and the Master Transfer Agreement by and among OUA, the County, the City, and Okeechobee Beach Water Association, Inc. ("OBWA" ), dated July 13, 1995, and OUA Resolutions shall apply in this Agreement unless otherwise specified below. The following definitions and references are given for the purpose of interpreting the terms as used in this Agreement and apply unless the context indicates a different meaning: (1) "Service" - The readiness and ability on the part of OUA to furnish water and wastewater service to each unit- (2) "Point of Delivery or'Distribution" - The point where the pipes of the utility are connected with the pipes of the customer_ Unless otherwise 1 Last Edited !1/OM Straat Project Deferred Water INC. CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEYING & MAPPING GIs "Partners for Results Value by Design" 42 -1 N. W_ 3"Street Okeechobee, FL 34972 (863) ; 63-8999 FAX: 18631 763-6692 Project No. 05-0260 UTII,ITY STATEMENT THE EHOUSE 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. Exhibit G - Utility Statement [4107-70848. W PD] co 3 E Q u) W CD n 0 0 CD r F E c (D2007 IBFH Inc S.W. 10th AVENUE I wd. f —~ it I i �! - ,s! j r t� —I jell i i r— ® S.W. 7th AVENUE i i i i i i I II I I jl Z tl \\. % � \ t �It-11� I I -, STORMWATER \` r DETENTION AREA i` _ — — --- 8-1 ACRES I i ti l4 S k 4 N 0 RTH SCALE: 1 "=100' LEGEND -�-�� ONSITE DRAINAGE OFFSITE DRAINAGE WETLAND WETLAND BUFFER Dote. Bnnam_ sc le: D.sgo By —INCH Dawn W —_ Check B)r— VERIFY SCALE „-♦� CONSULTING CIVIL ENGINEERS, BAR Is EQUAL .`r SURVEYORS Q MAPPERS THE LAKE HOUSE �erawecr N,: GIN TO To ONE rG+ -partners For Residts, CITY OF OKEECHOBEE 05 026 ON ORIGINAL DRAWING INC. Vadue Desi .,..... _ .,..0 _. 0 1 A Boyle ErVi—wing comporry SHEET ADJUST ALL SCALED 421 N.W. 3rd Street, Okeechobee, Ell34972 EXHIBIT A (863) 763-8999 Fax: (863) 763-6692 PROPOSED DRAINAGE PLAN I Of I DIMENSIONS ACCORDINGLY . BPR k FBPE License No: 959 www.lbfh.com --- - - — DATE BY REVISIONS TABLE OF CONTENTS Introduction Site Data Trip Generation Existing Conditions Trip Distribution Future Conditions Roadway Capacity Background Conditions Project Traffic Volumes Roadway Link Analysis Conclusions Recommendations LIST OF FIGURES Figure 1 — Site Location Figure 2 — Trip Distribution LIST OF TABLES Table 1 — Trip Generation Table 2 — 2006 Average Annual Daily Traffic (AADT) Table 3 — 2009 AADT Without Development Table 4 — 2009 Level of Service (LOS) Without Development Table 5 — 2009 AADT and LOS With Development P:\05-0260NTragic-Revised\05-0260.Lal,ehouse.TIA.report. irm.08. 15.07. doc 2 3 4 5 6 7 8 9 10 11 12 12 2 6 4 5 7 8 10 INTRODUCTION LBFH has been retained to prepare a traffic impact analysis for a proposed development located in the City of Okeechobee. The purpose of this study is to determine the impact of the proposed development on adjacent roadway links and to determine if specific traffic improvements are necessary in order to maintain acceptable levels of service in the vicinity of the project. The site is bounded by SW 9t' Street to the north and SW 15`h Street to the south. The project is located between SW 7t' Avenue and SW 10a' Avenue but does not border either street. The site location and surrounding road network are shown in Figure 1 below. Figure 1— Site Location P:\05-0260\Traffic-Revised\05-0260.Lakehouse.TLA report_hnr.08.15.07.doc 2 SITE DATA The project site consists of approximately 50.46 acres. The proposed development plan includes 136 single family detached residential units. The northern portion of the development will have primary access onto 9t' Street but will be connected to the southern portion of the project and will have access to 15'' Street. The southern portion of the development, below the wetland preserve, will have a primary access onto 15t' Street but will be connected to the north such that access will be possible onto 9�' Street: A copy of the proposed site plan for this project is included as Exhibit I. P:\05-02601Traffic-Revised\05-0260.Lakehouse.TIA.report.Imr.08.15.07.doc 3 TRIP GEN 1 TTUN The trip generation rate was selected based on the type of residential units being proposed for the development. The single family detached residential units utilized ITE Code 210. Table 1 below tabulates the daily, AM and PM peak hour trip generation data for the proposed development. Trip generation for the proposed site was developed utilizing the 7th Edition of the Trip Generation Manual published by the Institute of Transportation Engineers. Table i The Lakehouse Total Trip Generation S Code Land Use PM Peak Hour In Out Total ADT 141 The PM peak hour is the most intense with a total of 52 trips expected to exit the site and 89 trips to enter the site. The total daily trips added to the roadway networks is 1,360. The equations utilized in the trip generation shown in Table 1 are summarized as follows where T is equal to vehicle trips and X is equal to the number of dwelling units: ® Single Family Detached - 210 o AM Peak Hour: T=0.7X+9.43 ■ Entrance Split: 0.25 ■ Exit Split: 0.75 o PM Peak Hour: T = eosm(x)+0.53 ■ Entrance Split: 0.63 ■ Exit Split: 0.37 4 P:\05-0260\Traffic-Revised\05-0260.Lakehouse_TIA.reportlmr.08.15.07. doc EXISTING CONDITIONS The project site is surrounded by local roadways. These local roadways serve as primary connections to the arterial network. Traffic, once leaving the site, will have numerous ways to connect to the arterial roadway network. A brief description of the area roadways is included here. • SR 70 in this vicinity is a four lane divided facility. Left turn lanes are provided in the center median of this existing facility. • US 98/441 (Parrott Avenue) is also a four lane divided facility with turn lanes in the median. • SW 9th Street is a two lane roadway with uncontrolled access via driveways. • SW 15'h Street is a two lane roadway with some discontinuities at about its intersection with SW 5th Street that serves to slow traffic through the area. Traffic volume data for the year 2005 was obtained from FDOT for State roads in the vicinity. These data were factored to represent peak conditions for the current year 2006. Data were also collected at selected intersections and roadway links within the general vicinity of the site. Table 2 is a tabulation of the data utilized for this analysis. Table 2 The Lakehouse 2006 Average Annual Daily Traffic (AADT) Road NameFAv To 2006 AADT AADT Ser lce Concurre SR 70 US 98 Type 2-Ln Vafume Volume Test SR 70 SW 7 Ave 13,530 17,118 13,80Q OK SR 704-Ln SR 70 SW 5 Ave SW 5 Ave 4-Ln 18,963 34,70Q 34,700 OK OK SR 70 Parrott Parrott SE $Ave 4-Ln 4-Ln 23,063 34,700 OK US 98 NW 36 St NW 9 St 2-Ln 35,875 5,330 34,700 FAILS US 98 US 98 NW 9 St SR 70 2-Ln 10,353 13,800 13,800 OK OK US 98 SR 70 SW 6 St SW 6 St SW 16 St 4-Ln 28,700 34,700 OK US 98 SW 16 St Wolf Rd 4-Ln 4-Ln 28,700 34,7 OK US 441 NW 9 St NW 6 St 27,675 22,038 34,760 0 OK US US 441 NW 6 St SR 70 34,700 OK SW 11 Ave SW 15 St SW Park St 2-Ln 1,500 1,500 34,700 OK SW 7 Ave SW 15 St SW Park St 2 Ln 1,987 14,600 OK SW 5 Ave SW 15 St SW Park St 2-Ln 2,987 14,600 OK SW 15 St SW 12 Ave SW 3 Ave 2-Ln 3,2 14,600 OK SW 16 St SW 3 Ave S Parrott 2 Ln 45 1,7 14,600 OK SW9 St SW 11 Ave S Parrott 2 Ln 653 14,600 OK SW 6 St SW 11 Ave S Parrott 2 Ln 1,159 14,600 OK SW 4 St SW 7 Ave S Parrott 2-Ln 1,200 14,600 OK 5W2 St SW 10 Ave SW Park St 2-Ln 500 14,600 OK 14,600 OK SR 70 from Parrott to SE 8' Avenue is failing level of service (LOS) requirement in its current condition. P:\05-0260\Traffic-Revised105-0260.La1 ehouse.TlA.report.Imr.08_ i 5.07_doc 5 TRIR DISTRIB UTION The overall distribution of trips into and away from the project site will be influenced by socio-economic conditions in the communities that surround the area. The conditions in the Okeechobee area are changingalong with the current climate of growth in the south Florida region. Population density, job base, recreational amenities and travel time were utilized as factors impacting the final trip distribution estimate. While the population of Okeechobee County is relatively low, it is surrounded by areas where population is growing rapidly. The rapid growth in these surrounding areas is and will continue to be an influence on growth in the Okeechobee region. Lake Okeechobee to the south will be a major attraction for some of the trips generated from this development. In addition, the close proximity of this project to Palm Beach County indicates that a significant portion of traffic will have some destinations there. Likewise, the concentration of attractions in the Orlando area to the north will have a noticeable influence in travel patterns from this development. These factors, along with the varied attractions within Okeechobee County were considered as the distribution was being estimated. Figure 2 provides a detail of the anticipated project traffic distribution to the surrounding roadway network. Figure 2 — Trip Distribution P:\05-0260\Traffic-Revised\05-0260.Lakehouse.TlA.report.lmr.05.15.07.doe FUTT IRF t✓"ynirTrONS A design year of 2009 has been selected as an appropriate year to expect that this project will be completed. The growth of traffic in the area was estimated by combining data from the MOT Traffic Information 2005 data set along with recent trends in the area. Based on the data from FDOT, forecasts for traffic growth in the area for the next ten years is likely to be just under 2% per year. This 'same data package indicated growth over the past ten years to be just below 3% per year, Although the past 4 years experienced growth at a slower rate, it was felt that a more conservative approach to the estimate should be made in order to ensure that low estimates are avoided. Consequently, a growth rate for the expected life of this project was selected at 2.5% per year. For the planning year of 2009, the daily traffic volumes for the roadway links were factored to reflect the anticipated growth. A 2.5% annual growth rate was applied along with a peak season factor in each instance. Table 3 details the anticipated growth in traffic of the adjacent roadways over the projected life of this project. Table 3 The Lakehouse 2009 Average Annual Daily Traffic (AADT) Without Development Road Name From TO 2006 AADT 2009 AA[ SR 70 SW 48 Ave US 98 Type Volume Volume SR 70 US 98 SW 7 Ave 2-Ln 4 Ln 13,530 570 1,434 SR 70 SW 7 Ave SW 5 Ave 4-Ln 17,118 18,34 SR 70 SW 5 Ave Parrott 4-Ln 18,963 20,421 SR 70 Parrott SE 8 Ave 4-Ln 23,063 35,875 US 98 NW 36 St NW 9 St 2-Ln 5,330 38,633 38,633 US 98 US 98 NW 9 St SR 70 SR 70 2-Ln 10,353 5,656 149 11,907 'SUS 98 SW 6 St SW 6 St SW 16 St 4-Ln 28,700 30,07 US 98 SW 16 St Wolf Rd 4-Ln 4-Ln 28,700 30 US 441 NW 9 St 4-Ln 27,675 29,,80 2903 US 441 NW 6 St R OSt 4-Ln 22,038 23,732 SW 11 Ave SW 15 St SW Park St 2-Ln 25,625 27,595 SW 7 Ave SW 15 St SW Park St 2_Ln 1,508 1,625 SW 5 Ave SW 15 St SW Park St 2 Ln 1,987 1,217 SW 15 St SW 12 Ave SW 3 Ave 2 Ln 3,505 sw 16 St SW 3 Ave S Parrott 2 Ln 3,255 3,742 3,876 3W 9 St SW 11 Ave S Parrott 2 Ln 1,742 1,876 3W 6 St SW 11 Ave S Parrott 2 653 1,159 703 3W 4 St SW 7 Ave S Parrott 1,200 1,248 M2 St SW 10 Ave SW Park St-- 1,292 500 538 MOT currently has no immediate plans for major roadway improvements in this general area. A project has recently been completed on SR 70 that continued the four lane treatment to just west of US 98. There are long range plans being made for improvements to SR 70 in the region as an element of the intra-state highway program. No immediate improvement plans were found, however, within the area potentially impacted by this project. P:\05-0260\Traffic-Revised\05-0260.Lakehouse."IIA.report_lmr.08.15.07.doc 7 ROADWAY CAPACITY The ability of roadways to accommodate specific �volumes :O Ctraffli at15ertam�sp gdi with measured delays is generally vena termed as its "capacity". Capacity typically Generalized letter designation from A to F denoting ac�ptable to basis foram eakinble determination as to Tables from MOT are typically used as an. whether or not operating conditions will be acceptable used for under project specific included es o E�� it copy of the section of the Generalized Tables 2. Table 4 includes a summary of the maximum service volumes required by the City of Okeechobee for the roadways in the vicinity of the project..The for thefremaining or Sk 70, US 441, and US 98 is Level of Service (LOS) C. The L local roadways are LOS D. Table 4 The Lakehouse Level of Service (LOS) Without Development Average Annual Daily Traffic (AADT) and 2006 AADT 2009 D AA T Service Con fncy Road Name From To Type Volume 13,530 Volume 14,570 Volume 13,800 Test FAILS 3R 70 SW 48 Ave 7 2-Ln 4-Ln 17,118 18,434 34,700 OK OK 5R 70 US 98 SW 7 Ave S 4-Ln 18,963 20,421 34,700 OK 5R 70 SR SW 7 Ave SW 5 Ave SW 5 Ave Parrott 4�n 23,063 24,836 38,633 34,700 34,700 FAILS 70 SR 70 Parrott SE a Ave 4-Ln 35,875 5,330 -1,656 13 800 OK us 98 NW 36 St NW 9 St 2-Ln 2-Ln 10,353 11,149 13,800 OK OK US 98 NW 9 St SR 70 SW 6 St 4-Ln 28,700 30,907 34,700 34,700 OK US 98 US 98 SR SW 6 6 St SW 16 SF 4-Ln 28,700 27,675 30,907 29 803 34,760 OK US 98 SW 16 St Wolf Rd 4-Ln 4 Ln 22,038 23,732 34,700 OK OK US 441 NW 9 St NW 6 St 4-Ln 25,625 27,595 34,700 OK US 441 Ave NW 6 St SW 15 St SR 70 SW Park St 2-Ln 1,500 1,615 1 624 14,600 14 600 OK SW 11 SW 7 Ave SW 15 St SW Park St 2-f n 1,508 987 2,g87 3,217 14,600 OK SW 5 Ave SW 15 St SW Park St 2-1n14,600 3,265 3,505 14,600 OK OK SIN 15 St SW 12 Ave SW 3 Ave 2 Ln 1,742 1,876 OK SW 16 St SW 3 Ave S Parrott 2 Ln 653 703 14,600 OK SW 9 st SW 11 Ave S Parrott 2-Ln 1,159 1,248 14,600 OK SW 6 St SW 11 Ave S Parrott 2-Ln 1 200 1,292 14,600 OK SW 4 St SW 7 Ave S Parrott 2-1-n 500 53g 14,600 SW 2 St SW 10 Ave SW Park St p tt Ave to SE 8�' Avenue currently exceeds the assigned The segment of SR 70 from arro capacity threshold and will continue to do so in the future without necessary section with US 98 is nearing the improvements. SR 70 from SW 48a Avenuetic itsinter continues. According to the noted threshold and will exceed capacity p of level of service Okeechobee County Code of Ordinances, (5.00.02 - Applicability standards) SR 70 from CR 70A to US 98 and from NE 18th Ave to SR 710 is classified as a backlogged facility where the service level is "maintain and improve'- The values provided in the generalizecisoperating at non -critical om a specific leve g conditions that could be expected to be used where traffic of service. Actual operating conditions are frequently different and a detailed arterial p:105-0260\TTair'c-Revised\05-0260.Lakehouse.TIA report.lmr.08.15.07.doc analysis may indicate that the roadway has an operating capacity above the limit given in the generalized tables. BACKGRfWAM CONDITIONS Traffic that is associated with approved projects that are not yet being constructed must be accounted for in the impact analysis for the design year. The background traffic was calculated by utilizing the growth rate as published by MOT of 2.5%. MOT worksheets are 'included in the appendix of this: report. The growth factor is intended to account for future area growth as well as future projects that get developed within the area. P"05-0260\Traffic-Revised105-0260.Lakehouse.TiA.reportlmr.08.15.07. doc 9 PROTECT N IC VOLUMES Traffic volumes from the project have been distributed to the roadway network in accord n inicates that with information noted previously in this report' Thi othe orthoabout22 % to the approximately 20% of the traffic will be destined. for points west and north toward Brighton and Lake Placid; and the remainder to the east and south toward St. Lucie, Martin, and Palm Beach Counties. Table 5 below summarizes the anticipated traffic from the project on the roadway links adjacent to the development site. Table 5 The Lakebouse ......._ T --I .:f q-vice (LOS) With ad NameISMOMP rom . Ta _. PerCema9B 12% T83 14,570 1d,733 13.600 0.9% OK 70 8 Ave US 98 SW 7 Ave 22% 299 16,434 18,733 34.700. 3y,700 0.396 OK 70 70 8 Ave SW5 Ave 7% 95 20,421 24 838 20.516 25,040 34.700 0.6% OK FAILS 70 Ave Parrott 15% 28% 204 381 38,833 39,cm 34,700 1.1 % 1.0% OK 70 tt 6St SE 8 Ave NWOSt 28% 81 5,856 5,792 11;285 13,SW 13,800 1.0% OK ,70 ,98 St SR 10% 136 340 11.J49 3p,907 31.043 34700 1.0% OK OK gg SR 70 SW 6 St 25% 1 136 30,907 31,043 34,700 0.4% 1.2% OK t 98 6 St SW 16 St Wolf Rd 30% 408 29,603 30,211 34,760 34,700 0.8% OK t 98 t6 St 9 St. NW B St 20% -272 23.732 24,004 27,731 34,700 0.4% OK 441 441 6 St SR 70 10% 136 136 27,595 1.624 1,751 14,600 09%10% OK OK N.11 Ave 15 St SW Park Sl � �1 824 1,692 14.600 05%o 0.9% OK N7 Ave 15 St 1S St W Pant St SW Peril St 10% 136 3,217 3,353 3,709 14,600 148001.4% OK N5Ave N15St 12 Ave SW 3 Ave 15% 204 136 3.505 1 876 2,012 14.600 0.9% OK OK N76St 3 Ave S Parrott 10% 20% 272 703 975 1q,gp0 7.9%W 0.9% OK 9 St 11 Ave S Parrott S PartOtt 70% 136 1,248 1,35 14.600 14.600 0.2% OK W6St 11 Ave 7 Ave S Parrott 2% 271.292 1,319 565 14,60002%W2 OK W4 St St 10 Ave SW Park St 2% 27 538 The only roadway links that do not meet concurrency standards are on SR-70. The link immediately east of Parrott Avenue shows failure as well as the link to the west of SR-98. With a failure based on the generalized tables, a more detailed arterial analysis is in order ea to determined by a more precise estimate of the level of service being p Y roadways. 10 p:\05-0260\Traffic-Revised\05-0260.Lakehouse.T1A_report.Ir0r.08.15.07.doc ROADWAYLINKAIVALYSIS 2006 Analysis- E-ristirrg Conditions A traffic simulation network was developed to include the intersections along SR 70 from SR-98 to NE 8' Street. This network provides a basis for evaluating the capacity of the corridor based upon the signalized intersections within the corridor and the operating conditions that exist at the intersections. Current signal operating data was obtained from FDOT. With current operating data along with traffic volume data, an assessment of current operating conditions can be made. Data: Obtained from FDOT is included in Exhibit 2. The operating parameters for the signalized intersections through the immediate area were input into the traffic simulation network and level of service parameters were calculated for the existing traffic conditions. Current arterial level of service calculations indicates that conditions, at present, are reasonably good in both travel directions. However, the amount of delay and a somewhat slower travel time is evident at the major intersection of SR 70 and Parrott Avenue. This causes the arterial LOS to be at E during the morning peak hour for the westbound direction. The eastbound direction remains at LOS C. The increased signal delay time and slow operating speeds at the intersection of SR 70 and Parrott Avenue are evident during both peak traffic periods. The slower speed and higher delay to the eastbound travel direction is attributable to the very heavy volume of traffic turning left onto Parrott Avenue southbound from SR 70. Exhibit 3 contains printed reports of this analysis. 2009.4 furiysis- F1 PIr c i£teF The analysis for 2009 conditions was performed only for the afternoon peak period. The afternoon period is the critical period of the day for traffic in Okeechobee areas of South Florida. as well as other Summary operating condition charts are included below for the two corridors with traffic Projected for the year 2009 used as the basis for analysis. Current signal operations continued for this initial analysis. were The information contained here indicates that operating conditions on roadways within the study area will be reduced slightly due to normal growth in traffic volumes that is expected over the time period noted. Conditions 'will remain at previously noted LOS levels and congestion will remain to be a concern for the intersection of SR 70 and Parrott Avenue. Exhibit 3 contains details of this analysis. P.\05-0260\Traffic-Revised\05-0260.Lakehouse.TIA.reportlmr.08.15.07.doe 11 CONCLUSION The overall impact of the proposed project is minimal. This is due, in part, to the fact that network offers several potential points of ingress and egress from the surrounding roadway the site. Levels of service for some roadway links are naeonly boutabove l 9% of the adoptee adopted d-level of Or without this project. The project will consume. service on the most heavily impacted roadway link. rsecti The intersection of SR 70 and Parrott Avenue � location atin ethe current cal time due to the I on within the area. Congestion is being experienced a High volume of turning vehicles at the intersection and the limitation of space for additional turn lanes. This situation will continue to be a concern into the future as traffic volumes increase. Surface streets that will be impacted include 15th Street; 9Street; howeveru Aveneand the Avenue. The volumes of traffic entering and exitingthese project are not at a level that will require turn lanes. RECOMNlENDAlTQNS Traffic signal timing and operating parameters should be upd on a regular bae signal sis due to changing traffic demands and growth in the general. atlow for parameters for the intersections along SRrating beingin s mainta eds area can b It is recommended ended that somewhat greater efficiency than is currently traffic volume movement counts be conducted fromong with some long this effort should be to develop a seasonal factor traffic volume counts. The data Collected revised set of signal operating parameters for the intersections along SR 70 through the area. 12 P-.\05-0260\Traffic-Revised\05-0260.Lakehonse.TlA reporL'—'08-15.07.doe 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"'Street Okeechobee, FL 349721 (863)763-8999 FAX: (863) 763-669? Project No. 05-0260 ADDITIONAL PROJECT STATEMENTS 1)n LAKEHousE OKEECHOBEE, FLORIDA Proiect 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 96' Street to the north, SW 15' Street to the south, existing single family residential and SW 10`h 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. 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 9 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 The Lakehouse + -- A Walkable, Community Focused Development Prepared for: GNVIROSCApe - STRAAT Real Estate wNDPwNNw���ND�,FEwR�F E��RE p� wDMSION OF Tiff EVANS GROUP wv wrrtWm I W 0" ' v1 GVANS,,,, m d 5P IUO' 2W 3W' 400' North wRCHITECTUREh➢1.wNNWG r.s.,ao,,,� 1 I i i S.W.IOthAVENUE I —..---_ (_. --- -- ----��C/� �---- -- - -- -- _ 1�� SCALE:ORTHoo, i �'I//�� I � • I/ \�� --� ��� � ill l \ I (AMENIT REA LEGEND BOUNDARY LINE WETLAND I, sroRMwnrER ! �';�� I I I WETLAND BUFFER DETENTION AREA 3 —= 8.1 ACRES Q CONTROL EL.=23.5'— I�—_�fi� \` \ --T Gf ram— -- I Z ! I S.W. 7th AVENUE 0 I m g i ut i i z � 4 i o � a I x Y CrW � F o ©MD) UYN Nc U E _ a VERIFY SCALE CONSULTING CIVIL ENGINEERS, fl4R IS EQUAL TO ONE SURVEYORS & MAPPERS INCN ON ORIGINAL DRAWING••s}trtn¢n Fo. R¢svlts, THE o m° --- o 1 A I ,,* i 9 es°v'NC pro vats By D.sign LAKE HOUSE e„ rxoxa .a ADJUST ALL SCAU" 421 N.W. 3rd St"ll. Ok—nab«, EI 3.9n CITY OF OKEECHOBEE 05-0260 REVISIONS DIMENSIONS ACCORDINGLY -- - - (863) 763 8999 F— (863) ]63-6692 -._,.� 9PR k FBPE Lie— No- 959 xww.Iefh.aom i�iT B SHEET ... - _ PROJECT BOUNDARY, STREETS, BUILDINGS, &LAKES I OF - Exhibit A.4 - Boundary and Topographic Survey [4107-70848. WPD] Exhibit B - Project Aerial [4107-70848. WPD] Exhibit C - Project Soils Map [4107-70848. W PD] EXHIBIT C SOILS MAP S01LS LEGEND: 7- FLORIDANA, RIVIERA, & PLACID SOILS, DEPRESSIONAL 1 1- IMMOKALEE FINE SAND R ..., - . IF - _--- --- —& --y" 421 N.W. 3rd Street, Okeechobee, FI 34972 (863) 763-8999 Fax: (863) 763-6692 BPR & FBPF I irP ti.,- aSa !6 Lry Y Q 2006 LBFH Inc. PROJECT NAME: THE LAKEHOUSE Date FILE NO- 8/24/2006 Project No. PERMIT-EXH 05-0260 Exhibit D - Project Quadrangle Map [4107-70848. WPD] EXH IBIT D QUADRANGLE MAP LJ M y� gq g _ EN IL • • • s ■ t 'Mrs r F o If v ■ I / i ■ ' + i 3. J I U r� off i0 / M lk a .i a or Im j ■ ■ o ® ■ _ a in .�' ■ IN S. O 2006 LBFH Inc. CONSULTING CIVIL ENGINEERS, Scale: 1 "= 600' PROJECT NAME: SURVEYORS & MAPPERS "Partners For Results, Sheet 1 OF 1 THE LAKEHOUSE PINC. Value By Design" 421 N.W. 3rd Street, Okeechobee, FI 34972 Computed: RR Dote FILE N0. Project No. (863) 763-8999 Fax: (863) 763-6692 BPR & FBPE License No: 959 www.lbfh.com Checked: NA 8242006M / / PERMIT—EXH 05-0260 Exhibit E - Regulated Resources Exhibit Prepared by ECF [4107-70848. WPD] z THIS DOCUMENT. TOGETHER WITH THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMEM OF SERVICE. IS INTENDED ONLY FOR THE SPECIFIC PURPOSE ANp CLIENT FOR WHICH IT WA5 PREPARED REUSE GRAPHIC SCALE OF AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRUTEN AUTHORIZATION AND ADOPTATION BY p Zpp fipp ECOLOGICAL CONSULTING OF FLORIDA SHALL BE WRHOUT LUBIUTY TO ECOLOGICAL CONSULTING OF FLORIDA i I inch = 400 tl N ECF REGULATED RESOURCES wz1h E FIGURE 1 Ecoloplcal THE LAKEH Consulting OUSE S DATE 10-1306 or Florida SOURCE USGSOKEECHOSEEI1983}OUAORANGLE OKEECHOBEE COUNTY FLORIDA SECTION ZI. TOWNSHIP 77 SOUTn RANGE 35 EAST PROJECT No W5300 Exhibit F - Drainage Statement [4107-70848.WPD] S.W. 10th AVENUE �U 2007 LBFH Mc DATE BY REVISIONS NORTH SCALE: 1 "=100' UPLAND PRESERVE' 0.88 ACRES POND 3 8.1 ACRES @ CONTROL EL.=23.5' rl\LJLI\VL 0.35 ACRES VERIFY SCALE CONSULTING CIVIL ENGINEERS, THE LAKE HOUSE UWH PROJECT No: BAR IS EQUAL TO ONE tSURVEYORS & MAPPERS -Partners s Far Results, CITY OF OKEECHOBEE 05-0260 �-. n...,_.,,_..__.:..._.. _.... _ INCH ON ORIGINAL INC. Valve By Design" E7®IT C i Of 1 SHEET 0 � t A Boyle Eny>'ny comaom ADJUST ALL SCALED 421 N.W. 3rd Street, Okeechobee, FI 34972 ENVIRONMENTAL AREAS DIMENSIONS ACCORDINGLY (863) 763-8999 Fax: (863) 763-6692 BPR & FBPE License No: 959 www.Ibfh.com PERMIT DRAWINGS FOR. THE LAKE HOUSE CITY OF OKEECHOBEE SECTION 21, TOWNSHIP 37S, RANGE 35E OKEECHOBEE COUNTY, FLORIDA JECT LOCATION E NJJ BEACN KEY, { CONSULTING CIVIL ENGINEERS, M � SURVEYORS & MAPPERS � "Partners For Results, INC. value By Design" 2 421 N.W. 3rd Street, Okeechobee, FI 34977 Ia (863) 763-8999 Fax: (863) 76 ��669 fti m BPR & FBPE License Nc 959 I SHEET INDEX -cuter,-r TT'P1alDFSCRIPTION NUMBER O Sffi'vm COVER SHEET K-1 KEY SHEET RW-1 ROADWAY CONSTRUCTION SHEET . PD-01 — PD-04 PAVING, GRADING, & DRAINAGE PLAN SHEETS WS-01 — WS-04 WATER & SEWER PLAN SNEETS PRF-1 — PRF-12 PLAN & PROFILE SHEETS . D_I _ p_7 PAVING, GRADING, & DRAINAGE DETAIL SHEETS U—I — U-2 UTILITIES DETAIL SHEETS - Sp_1 SPECIFICATIONS & SUPPLEMENTARY CONDITIONS a VERIFY SCALE IS EWAI TO ONE �ORDN—1 'MENWNS WS-04 h CONSULTING CIVIL 11GIME111, SURVEYORS H MAPPERSmM( v.— ft Design (-1) _ 6692 VI, 0 CALL 48 HOURS BEFORE YOU DIG IN FLORIDA 1 _800_432-4770 rrs THE "M SUNS W STATE LINE r.i DE F.DRIOA. THE LAKE HOUSE CITY OF OKEECHOBEE 05-0260 PROJECT KEY SKEET -- VERIFY SCALE CONSULTING CIVIL ENGINEERS. __ — vlvznr SURVEYORS h MAPPERS -- Oo,w BNt IS FOUAI TOE bFb"ryyrt�*t For Results, INCH ON ORIGINK DRAWING INC Vol+u BL Destipn" 0 ISCAL421 N.W. - S11-1, OReecno e. U J19>2 ALLY (B63) 163-6999 N�. (aR1) >fi3-6692 DIMENSIONS ACCORCINGLY BPN A IWE Lcense Nam. 959 ww.IbtM1.com ,Ail qY REVISIONS ID, I� I0 r_ Iz m cn Im m I� u I O NORTH UEGEND O To�FaLaEn� MERIND © MEILAND BUFFER ® IMPACTED W ANDS WET I, BUFFER NNE PROPOSED TDE Oi SLOPE — PROPOSEDD TOP OF BANK — PROPERTY LINE PROPOSED PAVEMENT A, SLOPE DRtECDON 8/ PROPOSm DRAINAGE SIRUCRRRE NUMBER ©PROROSED DRAINAGE PIPE NUMBER .40P EJOSRNG MADE *21.0' PROPOSED -- PROPOSED SILT FENCE SHEET KEY CALL 48 HOURS BEFORE YOU DIG IN FLORIDA 1-800-432-4770 R5 THE UWI SUNSHINE STATE ONE CALL Oi iL0160A. INC. THE LAKE HOUSE CITY OF OKEECHOBEE 05-0260 PANNG, GRADING, SHEET h DRAINAGE PLANS _ PD= 02 ftI O- Ru.D' TRANSnoN T1PE •A• R INTO NOOIFlEO i• WR ' 110 OVEn 15' 4m. - 50' I II pm I I INTO VALLEY CURB ri.�F. I VEA 25' 4m. - S.0 MA% I .IN. SO.INDARY LP-28.0' �I ELFV. 26.5' y3YHl DL2 I I 1 _ I NP 26:{' II iRNlSnIXi NODF1B1 'E• g CONS INTO VALLEY WRB J 124 ♦ WIN. - 5.W MAX. lII',IYp I� �<+ •I SEE DET . h E185nNG DID LVE" a, umluuu FlNISHEO BOOR NONW TO 0E RFNOVED .^ I EL.-2BO' (TYP) -,� f �bZ 62r I I p�26. a' OVER 2.5' YIN. Vp+'li� ,7T sEE OEIAIL 1 t J-WAY TRANS i�R N. ION VA001 •E• L SEE ❑ A (14I Ii I 21 CURB N 0 LILY WR9 62 OVE 2.5 MIN. 50' MAY: SR I _ _ Imo___. \ E 5 cu K 5 ��---T— F R _ �{ 7 zo -Cu- I A1(11\ ET85i14. CULVERT 1 ARy ym_1 MIN. BWNO ' q I BE_ RFun 1 I T � EIEV. 26.5 I J% II II I N}2 J • J Y HP-26.5' .> 11 I -BYPASS SWAT£ FOR OFFSITE ROW 19 �I MIN. BWND— ELEV. 28.5' 22.0' I I _ /if�11it II 181 LNNOW . DI' i wl S W. 71h AVENUE ExTsnrvc C4P IIII � uu MATCHLINE SHEET PD-02 O \ CONST. lQU` 1 OF 24' CAP WNIMUM \ INV.- 20.8' \\\ POND 3 \ 8.1 ACRES' O GDNSL \ a X 0 \\ CONTROL EL=23.5' PER DETAIL PER OETA0. D-2 E \\ D-2 N" MIN MUM GIN SHED —OR p1 k� Im 0 35 ACRES YBWNOARY I'D IN. PVC ELEV. 26.5' BYPASS SWAIE FOR OFPSIIE FLOW CONST. PRESERVE 61 µEA SON PFA TT+.DETAIL () I ♦ vt SHEET KEY O CALL 48 HOURS BEFORE YOU DIG IN FLORIDA NOTE 1-800-432-4770 ALL ELEVATIONS PROVIDED ARE IN NGVD. IT'S THE LAWI SUNSHINE STATE DNE CALL OF RD.Dl INC. °" " VERIFY SCALE CONSULTING CIVIL EN PEksRS, SURVEYORS h MAPPERS r THE LAKE HOUSE CITY OF OKEECHOBEE OS-0260 _—_-- ----- --- - — — -- --. BW IS ED— TO ONE INCH ON ORIGINAL DRAWING Fv R.P.Nt.. �NCPoM Vvive By INsi9.I• - --" ---- — __-._-- -- _-.__— ^p s`M`-- _ PAIANG. GRADING. k DRAINAGE PLANS PD-03 _.._..�_..---.. o��t AOJIIST ALL SCALED DIMENSIONS ACCq NGEY w. N..w. 5.....l, 0�.«.6.) 1 FI JA9n (063) ]fi3-0999 Ga.. (BfiJ) >6J-fi692 BPR h GBPE license N. 959 www.lbM c— PATE BY 2CVI9pNS a • L I o I I, ;'CONST.•.P YE. U I 'AREA PEq T .DETAI(. J t I'- f CONST. 3881f OP 3a' CM � ) aui NV.- 20.B' (0.]B AC) GUTTER AREA TO BE GRADED TOWARDS WELANO o- ti A 11 > I I I h PRFSERw' 11�ww ��,j'k \♦♦ o.1B' iICHES -, / MINIMUM \\ E--2 .0 BOOR . BOUNDARY G WETLAND 4 I EV. 3fi.5' Dl 6 SECONDARY IMPACT i 0.0389 ACRES ? a xcTuno 4 CONST. PRES W L TO BE IMPACTED AREA sM PER O.DDOB ACRES E DETAIL (T .) 9ff �RIMffiEI\� � TRANSITION MODIRED T' N. .-ARY 1 • CLNi3 INTO VALLEY CURB G M H OVER 25' MIN. - 5.0' MA%. ELEV IB.O' I rI TTTR34.3' I ASS SEE DETAIL 61 SWALE FOR ATE ROW I I ti` I I IS �a I+ I I e I I I( I fil I i I m I _ J}-y l-____--y4 S. W. AID AVENUE - av MAx FlNI9ED ROUT 1 FL�T6U (IYPJ I i I d it i �I Q II II I I II I I I Ilal Ik L C 1RANsma— Y� ' CURB INTO VALLEY CURS OWR 2.S YIN. - 5.a, y yFF d« sEE DETAIL 77 I i I II w YIN. BY 29.0' ElEV. 39.0' I , CONNECT TO MSTING, AlE ALWG SW 9THH STREET AT E1EV - 27.0' NGW. II I I I I SHEET KEY I I ; I a � NQIE I CALL 48 HOURS BEFORE ALL ELEVATIONS PROVIDED ARE IN NM. YOU DIG IN FIARIGA 1-800-432-4770 as THE LAM SUNSINNE STATE ONE CALL OP RARIDA. 91C. VERIFY SCALE CO NSUITI NG CIVIL ENGINEERS, IUN MoxcT --------- �,. awavv bFsUBVEYORS A MAPPERS THE LAKE HOUSE — B R 6 EQUAL TO ONE Pr— F- R„Mtt,, CITY OF OKEECHOBEE 05— 2260 xw. INCH ON ORIGINAL DRAWING �NC. VW,, Ry DIN _.__...— SHEET ADJUST ALL SCALED a21 NW. 3M Ntre<I, rl�.e,:nao H 34B>2 PAVING, GRADING, (B83) >63-R999 Io. (n63J�>s3-sfi92 h DRAINAGE PLANS PD-04 pIMENSIONS ACCORDINGLY BPR 1 EBPE lice... No: 959 vwAUln.cwn nATE M PEVIRIONS ^ i _2 BAR W/ 9GN I CONST STOP- _ aF {-INCH ' DOUBLE YELL NCM ) CONST. SPED LIMIT .. _ CONST. STOP SGN 8 I, OP SGN is MPH (1YV \\ BAR W/ IOIF Qi 4-INCH SICK k BM � ' r�ETLow r �) ai ljj ✓� T"' � r ,:., �\ cwsT sP I.Lwlx IIf •�CONST SPEED l] IT CONST NO WTIET {) J rZ SGV 15 MPH I, ,' LON5f sTOP SM,N 8 II� I J/ � DOUBlE;1'ELLO'ACTYP) �11 CDNST. SrETOP„N d /' BANw/ bu o-mw --' DouBLE uo�tTw.) 1/t 1IQ �1.wa�-tea, ♦ � R PI .•-+---J--�� L�.STOP 4GN k JJI,, 4'T"'�-'ry aIBLE YELLOW( ) `Ca1AT. SPkEO LIMI"i I SICK IS NPN (M.). �I LBNBT. STOP R^^ tr \\ BAR W/ 40LE OF I -INCH - -DWBiE I CONSi 1-WAY STOP, IgNST. STOP SIGN ANO BAR i SGN k BAR W/ b R\ wnH b G'f 6 4-INCH A�-a, ONS;. SPE5 MPH CLaVST, NO WRET I g; 4 t i. P .1 1 i SI21 13 MPH rr�} �\ II ; .. ,.:. ` y fbBSE_STOR BAR 1 ; 1 t ! 1 ' f i 1 - • aw0/au� Y�1.lYLC➢Cl \ .a} arisr. STOP-9f 141 BNi W/ 4ai OF 4-:1 L k L 1 L E '�'�xE i ly T. i t CCNST STOP 8' BAR W/ IBF', cw OF 4-INCH DalBIE YElLOW�M� 'l CWSESTOP 9DN YE110W (T,P) � SPEED LIMIT I MPH (TYP), 53 .„ 11 F Yw•� ��_ _ �-�- JT'`1..-Lz'..d_`l' ui 17 t -/y t Lte I NOW-INI-E Lis I M-4Tl.5d R' cANsr sr sal a �^ L2I lka, BAR W/ IOF L-INCH %N' '' DOUBLE L23 CONST. STOP .SIfN e i 'L OW(TYP.}__.- ._ c L24 No6 LVI BAR W/ 4l OFJLj�AN STATION Lis DWBLE YELLow'(TYP) E C tOFDO .. I La 3 .46' BAR W/ IIXF'LI IFi�l01 LONST- ST S. 8 CURYE TABLE f /. D BLE YE1LOSl( .,bA, .._. _BAR w/ 6 4- ,:H CURSE ABIUS DELTA -B E LENGTH f p R t 3 DOUBLE EOW(TYP) n 4.4' / Y1E�Li 1 i I j._ C� CaHSE STOP C9 t B65 ' no d nI CONST STOP'SGN k S I I BM w/ MF *144INCH . ___ n2 BAR W/ 4aF tK ♦- CH 9t DOUBLE YEILOW(Ylyp DWBLE YF_LLOW(lYP) I n4 51'14 5 b 28' '1B' 18.65' IRON ROD IN-/ L2t A4 B 1' IRON PIPE tl„r ,vtOJma VERIFY SCALE BAR IS EOVAL TO ONE INCH ON ORIGINAL DP WING D - I u.di NJIId— —ST ALL SCALED DIMENSIONS ACCORDINGLY Ah CONSULTING CIVIL ENGINEERS. SURVEYORS d MAPPERS MIRKLINO ••rpdvers Fm Rw.eu2ts, 42i NW. 3rtl Streel. ONeecNobee. Fl 34972 (863) 763-8999 Ear' (A63) 763-6692 BPR & MPE L:-- N. 959 --- THE LAKE HOUSE CITY OF OKEECHOBEE ROADWAY CONSTRUCTION SET CALL 48 HOURS BEFORE YOU DIG IN FLORIDA 1-800-432-4770 n•s THE uwH SUNSHINE STATE ONE CALL OF FLDRIDA, INC. l l WNMACTOR ro FEID LDCA O I EWISIING UNE Axo COORDRI W/ WNST. RTBSV OF 6 PVC 1 WA FOR WATER )MG ANO NORTH Fgtm/AN III LET STATION NSTAWIRIN ALONG 9M TIE TO EgSTNC FOROEAIAN i SEE .,AN TIE-IN Zill I 1 W�AIE NNN IRON P1tl I I l.NL t u SHEET HYDRANT TO BP Ill tl I I CONST. 6' 1D115T. UFT STATOIE PER �1lD.) 1 I DETA0. Slim U- L _ I _________________ _____________ -------_________--- _____________________________________ ___ _ ______________ _-v'.-` � rye-•-..�"�=t ��a :Q, � -- ,•v. 216'R STA�1'LLAR ]BTS E, AS' BEND WST. DWBIE WATER STA iA+1d]. a.at ASSENBLY PEA DETAC I MINNUN I I I I RRWCE PER DETAIL (TW ) b L - e" 90 BEND _ Yv I d.T9,y (TYp,) j�EIEVATONS PROVIDED ME IN NGJD. CONS,. TOF PVC WATERNA,FANNN FROM CONSi. 00.1BLi SEWER I I iiVE HYDRANT TO 45' ( SEANCE PER OETAE (IYP.) I I I II MNNVM A SEWAGE DOUBLE WA1ET1 FlNSHm iL00R .,a 4 ME Q 1 SERWCE PER OETNL (TYP. LT.-28.0' (TYP.) ///\`• \ \\\cam. sN UE / \\ \ �kFR\Y1C\E PER /DES TYPE \ _<:: �t a1 ctrW 611 $ it II I LEGEND B PER E19511NO wTRi W_,LNA ST. DOODLE SEWER GE PER DETAIL (TYP.) •,.?.,. s. [WA. ONS,. NT21F aF fi• PVC Q- '? CONS,. SWGLE 9EWFR WATEAYAN R1W1 e' CRO55 1 ® MlllAtA BUF(IIt Y u. ro BLOW-Oif ABST].IBLY CONSt. 4]SFIF OF fi' k 5 � SFRVNZ PFR DETNL (rnJ %C WAIEANAN FRW ' NF EENO ro 6' 1EE i I I ® NPAC WETLANDS C I I I \\\ CONS,. 121riF OF 6 PVC) CWBT. 00.181E WAIEA I i VkIIAND BUFFER LINE I \\ .:.I `\ WATERMNN FRW T25 ' 4RVICE PER DETNL (TYP. II I II I -I x BEND TO HRE NYDR N DDUBIE BEEN 1—PR OPOSm TOE OF SLOPE SEiW\ PER DETWNLL(TYd ): ( I SEANCE iER DETAL (rmJ — PROPOSED TOP OF BAN( r ` I.� YI \ II — PROPERTY LINE m I 'I.. PAVEMENT SLOPE DIRECTION PROPOsm p NAM I m D.,# o. +,`:>.4.N',._ F"^'......4 '5. II I� sTRUCNRE NUMBER m' �' - �l 1 EIEIE� PIPE NU�118LT PtlWw[E VC WA NN FROM EkSRNc (RIDE C ji.nGl£ WATER 6 TEE .5' BEND 6M CE PER DETNL (TM. CONS,. DD.IBLE WATEt 7 I (n 3 Ti1F SERWGE PER DETNL (TW. I i II PROPOSm GRADE O \ I 41 T. 9NGIE G O VALVES—PROPOSED AT FENCE / 5E CE PER (Tm.) UPLAND PRES VE ' 5 1- 6• dd 0 39 ACRES I 2 ALW WATERMN I 1- 6" TEE .f' ... l[ OSS TO T- 6' CATS VALVE �I 6' V OM r- PVL 6NN y,. 6 tll SHEET KEY �n F E WETLAND 2�"-(- r 1 051 •ACRES I '. e T �{' � r___ 2 i I ' ( •k F ' s� �' CON. SNIXF WATER 1 1 TTT CONS,. E .. - E' \ .1 t '• e Y ' SBR EF PER DE A.(TW.) I SEANCE PER DETAIL (TYP.) jI I II 3y UPLAND P�tESERVE 0.88 ACRESI fI CpIST. 1*Lf OF . i 1 9 L FF PVC W RMAI FRW f wkoatsT. II II CALL 48 HOURS BEFORE �� �:.:. i 6' TEE I.TS BEND SERVICE OETNI (TYP SERVICE SNIXE TAIL j I BERW4E� I I YOU DIG IN FLORIDA yif _ 1-800-432-4770 d ��--• I j �r I � ._.' i, �!—� �I j I� 6UNGV RDRDA. ONE CALL ©zom LnN IM. VERIFY SCALE coNsuLnNc Diva ENGINEERS. THE LAKE HOUSE L.Rt I.aEn a> — ml. M,rmm SDRVEYORS h MAPPERS --.: BR Is EWN M ONE ,, Fo, R,, CITY OF OKEECHOBEE OS _0260 INCH ON ORIGINAL DRAWING , NCB vw,. Hy Deaign" 01—� I azT Nw. J.n 6r,. .�n�n n JaB]z WATER @ SEWER SHEET AOJUST N1 SCALED (B6J) ]fil-e99oeI.I�.A(gfil)�]6J-669T CONSTRUCTION PLANS WS-01 OINCNSION6 ALCORDINGLr RPR W E6PE "ic. N� cn`�o ww.IEm.eom / I SL ASSEMBLY PEN DETAIL CONST. 127t WA Qi 6 RiOY, CONS, 1. OF 6" PVC ONST y'I GLE WATER 45' BEND TO 6 YEE WATERMNN iA 6' 4 SERN DETAIL (TW. I 4T Y' P 20*LF OF 6' TERMAIN FROM ,- P W A TO I61 BEND 11 45' 6" TEE B 0 TO 6" TEE ! =rA 1a+01 e 1 6" TEE ]- 6 GA1£ VALVES T 1 CDNST. 66tu, OF 6 PVC CONSf. OIXIBIE SEWER WATEFNAIN FROM 6 TEE SERVICE PER DETAIL II TO NRE HYDNANT CWSTFUGT FINE HYOP NT MINIWM CqN . ATE20�1 FlNISHED ROq: P2 II `PER'DET VE ASSEMBLY 2Li5' END TO CONS IL DW0 EWATER Ab CONST. DOUBLE WATER SER ER DF (TYP SE ICE [ OEIAL (TYP) F _ _ CO ST 6„63LF OF 6 PVC IG'I W TEEM FROM FIRE [TA 20. 2� J' R HYDNANT 10 FlRE HYDRAN 1— 6 2].5' BEND 4 CONTFACTOR TO FIELD LOCATE 4 E. A E%ISTNG UNE AND COORDINATE li 000 VIITH WA FOR A' WATER UNE 1 OVAL AND INST TON COvST. 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MATCHLINE SHEET WS-03 1 VERWYY SCALE CON !lli NG CVIL ENGINEERS, --{{ ll --- - ---- ---- yrim ----- SURVCYORS A MAPPERS BNi IS EOGIN i0 ONE INCH ON ORIGINAL OFAWNC 'Pnrtn.rs For Resvti; yNV IN_- A c INC V i By Orstiyn" DIMENSIONS ACCORDINGLY PH kB FBPE 4 B n9S9 6T) 6wwx. blM1.com DATE P, REV SONS LEGEND SDNO DITCH TOW FlUFD Wc'RAND ® MEILAND DUFFER WPACTED WER.ANDS WETUNO BUFFER LINE PROPOSED TOE OF SLOPE PRDPOSED TOP OF BANK — PROPEAtt L1NE OPROPOSED PAVEMENT .W. SLOPE W cT101N PROPOSED DPAINAGE SIRUCNRE NUMBER PROPOSED ORA,—E PIPE NUNBDR .y� EASRNG GRADE PROPOSED GRADE —>s—PROPOSED SILT FENCE SHEET KEY CALL 48 HOURS BEFORE YOU DIG IN FLORIDA 1-800-432-4770 IT'S THE LAWI SUNSHINE STATE ONE CALL OF F DWDA. INC. THE LAKE HOUSE CITY OF OKEECHOBEE OS-0260 _—.--__WATER h SEWER _...— SHEET �. CONSTRUCTION PLANS WS—O2 MATCHLINE SHEET WS-02 µ it — — — — — — — — 8 5i " °5R CONSTRUR BLOW-OGF L ASSEMBLY PER DETIJL -- — 1 I 4 TRACTOR TO FlElL LOCALE 1 NG lME AHD COONDINAIE W WA Gdi 4' WATER UNE �RSYOVAL INSTAL TION CONST. "' OF fi' PVC A. . FROM 225' BEND TO SL(IW-OTT ASSD/BLY R \ i-FINISHED \\ bq"ANO y ROOF I CONST. DOUBLE SEWER I I I .:�, \ SEANCE PFR DETAIL (Tv, I :... 1- fi" T25' BEND / � 9TA 143+86.] 62.6' R CONSTRUCT FlRE HYOILANT 8 8' VALVE ASSEMBLY OR CONS*. 2�V 6 I `� *A MAIN TROY $.a \ d \ CONSi. SNGLF $E'AER \ II PPCONST. L PEF DETAIL I I fi' TEE TO M5' BOND 1 SERVICE DOUBLE WATER _ ONST DOUBLE WATER SERVICE PER DETAIL SQMCE PEA .-AL (TYP.) \\ CIXISi. 863LF OF 6" PVC WATERYNN ROM FIRE 1- 6^ GAT: VALVE R \ \ MININUM F RNISHED BOOR FLOOR HYDRANT TO 6" TEE E.D' \\\ •` CWST. DOUBLE wWEj /'— ..— ..—.. CDNST. 300k QF II'P T TERMNN�EROAI fry t II -C—T. SINGLE -TEN K WATERY OM 6' 22.5 wD TO 6" TEE br.. I,. 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I3 n YARDDTPPr .5 D n0 D0 5 Y'r W3 R141 - 116 ➢ 58 YR•T SNT9 RI4Y n4 D9 Slm-(RATES 616] la Tl(PE'T 1 4N]10 LI05 no _ 193 IIO n5 P 59 3 TYPR'r S3W3.9 LIOJ - - E9 D4 51m-(RATEt 616] 1D TYPE'P 113+J3.9 R106 - _ ao lR3 D.3 It8 1[t Slm-(R,4TH16161 Slm-(RATEM61q �1 w 13 V- -I I� p 61 TYPE•r nVE•C S3W3.9_ P+)6.3 R19.3 Rn] a4 - II9 .4 D4 219 51ID-(RAT19 Qv 6610-GIATE46ZID 1b 1D IP-YARDDRAIN 1P-YARDDRAIN IS]H3.4 125.64.1 R=9 RIDS - - 193 - >:10 1[t pyC-]YP - 63 TYPO"P J'nP.1 R109 II4 n9 Il4 D9 Tm-GtATBN 616] 116 - - 19.3 n.0 its 63 TYl'E'r ]N383 1101 T'YPE'r n+eBO 11.1 19.3 193 IIO D.S it: 5Im-GIATE/616x _ "- ec 3m .....•.r 6 II9 - D4 5105- GIATHS 6IN 1D TY1'E•P In._i_ R InJ _ _ IIO 193 245 ]lt Sim-GNTEY 616) fiN TYPE•P )Hill R133 193 - 11,9 F-X4 117 51m-G8ATPIQV W IP-YARDDRAIN193 1145 193 - 11..3 no n0 D.54 1R1PVC-TYPTYPE•T ]54)61 L106 - ➢6 D.1 nl SI05-GtAT1iM 6IY 129 TypE•P U-7 D4Ila+qS R 141 - _ - n0 193 193' n.5 n0 itsIIMm) ILK3 R InB -- -193 O3]I -OM41iI-1 RIU)_ CALL 48 HOURS BEFORE14 93-u3 TYPET ]LS ffi0 1'1 slm-G6ATRN 616] ! f3 IQ) - - ffi6 19.5 Lm- YOU DIG IN FLORIDA 1-500-432-4770 3 19J Sim-G(ATISt 616] •Touted aouW 8 _ _ __L �__ ITS TIE um • leuted wv (S rn e Y 1]'1+ .. __. _. _ SIMSIONE STATE ONE CALL OF F(ARNA, INC. om I,iS9�Aa m,c1, M VERIFY $GATE B4A 6 EWK TO ONE INONDN ORRRNAL DRAWING ADJUST ALL SG1F0 DIMENSIONS ACCORDINGLY TheCONSUl11NG CIVIL ENGINEERS, SURVEYORS h MAPPERS NI C "Fartvn For /7e.9vxts, PWRIMIs val¢4 I, D-i't" 423 N.W. 3N Street, OYeecnobee, 11 34972 (N63) ]63-8999 Fa.: (B63) ]63-6N9x BPR & fEPE Ucenan No 959 wwu lbl�.cnm - THE LAKE ROUSE tsN I,DRb N. CITY OF OKEECHOBEE 05-0260 _ SHEET -� PAYING, GRADING. _ GATE BY REVISIONS --- © •I r Ia. a s a u ty a• .. aomoa a_■omma ®omoa mamma mom® momoa oom®a oomoa m mamma mom®a ®mm®a mamma ®mmm�a ®mamma �m�®a mamma mmm®tea m��®a mom®a om�®a omm®a �i®mo_a �omma �mmoa ®om®a m�m�a mom©a oomaa momoa ■somoa o�oma ooas®a moaoa oom®a momoa a■o��a oomoa oom©a mm�oa ©ommia ©omoa mmaoa mo��oa m��®a ©�omoa oom■�a ooam�s momoa oomoa mamma boa®a mm��ma oom®a o�m®a m�a�oa ooa�a o�moa ommoa oo�oa oom�■a ommoa mamma o�ama mamma �mm®a mmm®a ��moa mo���ma mom®a mm�■®a� �omaa ®gym®a momoa ®om©a mom®a oa,m. somn.a N . ...I. RW . GtuYu xCTES o ,moo. 00 Do —d on pel contav N mmomv.. caPanarp SILT FENCE DETAIL SCALE: N.T.S. tw �� T VERIFY SCAI•E H4t 6 EODAL TO ONE ON ORIGINAL DRAWING ADJUST ALL SCALED DIMENSIONS ACCORDINGLY SDRVEYORS & 4APPERS I L fp CONSULTING CIVIL ENGINEERS, A INCH �n w H� oRe� a:. tom 411 N.W. xe St—t. Oweecnolwa. iT 3.972 (E4) 1 -M. Fa,: (.E1) >63-E— 6PR & MPE Lk—. Na. R59rnvMDl.cem .n er—MN— OAiE BY RENSIONS NOTES -- -� ,. ul TAOKTrp awl CpIaY aW M I®YrNa,i K M nglb )KKN fARn An. > �. A rawaATax WY . Kt,.m a all >., mWRad 11[OKtr r aaIIN ITawKY N Kto M 1mYM IOilb. V 10 KAY[ ,.a ��.�al � % �.rwn tKaRNNHAL r..m I.avalE �. ,.�..-�.• �R,T �r�, w.oal Axo H�T E,� � M,r.aaaH W,aay • IIIIBIGIOIa RaK aYLL s rox�WlMK1F�ulOD1 M M w � ion MOVaE AKaui[ aK awJRf. 5. — - — =MRYL uc16xL poly K WNo p...., m I]• WAIy K MlaolaARp K IIA,a LWAa. s. n�. PNK KCIpM1L W1K41 WY K WOM FlAcm UNota wAPVAn TYPICAi TRENCHING & BA EMTING SC H.T.S. DOT INDH4 272 & 273 IuxsasD �TSSBLTIONC CALL 48 HOURS BEFORE YOU DIG IN FLORIDA 1-800-432-4770 rrs THE EAM SUHSNWE SLATE ONE CALL OP fLAPoOA, INC. THE LAKE HOUSE CITY OF OKEECHOBEE PAVING. OWING, 05-0260 SHEET 2'-0" t 4" PAVEMENT 2" "�-BASE Typesee 1 CmerNe (SpecmcWlmaJ SUBGRADE 5FCTIpN VIEW 1 ° NOTES CNt amtroctlon IOlnt. on tD' Canes" mox. wimin 40 ropre aner pouHnq cpro. 2. All YNIII le one ttn .team .non !" ' oManee iWff specmcauans season 52D ma 'GOT Rooawoy Dl,w, stonaores Irleex ., , ]O0. 2'-0" VALLEY GLI7'TFR SCALE: RAS, �'R •P I ?{'Sro. +; • 6° Yin.* 2 0 � Tree 1 Concrete NOTES: (see speciticaKone) 1. Saw cut conlrac4 n jo nl. on t0' centers max. witM1in 4B noun aker paunnq c rp. 2. All mat uls na cone coon stroll IN in occoreonce wiN NOT specincations SectloneSID antl EWT R. Y TmR Design sonaarm mmx �mner ]oD. MODIFIED TYPE "E" CURB SCALE: NT.S. (R Lt1B; P Type , C......e (sa spearpomn.) 1�1T� ,. sow cat convvcn , Is on ,0' can<en mow. wlenln AB nw" pncr ppunnq are. 2. AI mot noand natcLon asp De 'n umoMonce wNOT SWNMl.4ans sect oo s ith 520 me iDOT Aoo y A Tr.r Gogn Stonapres men nI—, ]O0. TYPE "A" CURB RCALF. NT.S. 510EWAU( �-��8• MOgFlEp'E'CUPB ID' TRUNCATED DOME t - TRAHSITCN AREA MODIDED 'E' CURB 2-5' MIN. - 5.0' MA%. SIDEWALK MODIFIED "E" CURB TRANSITION SCALE: N.T.S. TYPE 'A' CIM MODIp1E0 'E. GO CURB DINT TYPE 'A' CURB 3—WAY CURB TRANSITION SCALE: N.T.S. sIDEWALN VALLEY CURD (w9FAE PPMCABtF) IRANMNON AREA 2.5 - SO MAX 2.0' MNCAlEO pOME '... MOgEIED CURB VALLEY CURB TO MODIFIED "E" CURB TRANSITION SCALE: N.T.S. uodFlED •E• aR0 TRANSITWN AREA iY'PE 'A' CURB TYPE "A" CURB TO MODIFIED "E" CURB TRANSITION SCALE: N.T.S. 111p I I I .. Ii I I I IuII ;I FVI L_________-__ '-_________-- APPROXIMATE LOCATION OF TIE-IN, PROPOSED FORCEMAIN INTO EXISRNG 6° FORCEMAIN. CONTRACTOR TO FIELD VERIFY LOCATION. I, ------� ,�_ r ' _'------- ---- -_'- I I I I I � I I 21 I I I I II I I CONST- 228tLF OF 6" PVC FORCEMAIN FROM LIFT STATION TO EXISTING FORCE mAIN RE -IN. I I I I I I I 1 I I I I 1 I I I I CONST. LIFT sTARON PER DETAIL SHEET U- 3 I L _ ------ --------------------- __ -------------------------- \PROPOSED 6" PVC WATERMAIN OFFSITE FORCEMAIN TIE-IN DETAIL CALL 48 HOURS BEFORE YOU DIG IN FLORIDA 1-800-432-4770 WS THE LAWI SUNs111NE SIATF ONE SALL N. OF FLORgA, INC. oHw iliw��we VERIFY SCALE �♦ CONSULTING CIVIL ENGINEERS, BAR 6 E.- TO ONE ■F SURVEYORS 8 MAPPERS THE LAKE HOUSE urN ,Ra,u, w; INCH ON ORIGM DRAWING "/tr*Iners Fur R,—U , ev ne=;� • _ CITY OF OKEECHOBEE 05-0260 _ oars ey_YN— ADJUST ALL SGLEO 421 N.W. are Slr,..l I­,runsP i, 34922 DIMENSIONS ACCORDINGLY (R6]) T6]-099R I,, (N63)]fi]-6fi92 PAVING, GRADING, SHEET NPE Lcenx. N,95. ... Inlh.,.,.. e. ....,....-- - DEWATERING NOTES: —CONTRACTOR TO MONITOR DISCHARGE DAILY WITH SAMPLES TO BE PROVIDED TO SFWMD AND FNGWEER FOR REVIEW. —SAMPLE TO BE LESS THAN 29 NTU ABOVE BACKGROUND LEVELS. —DAILY INSPECTION OF TURBIDITY CONTROL REQUIRED —CONTRATOR TO HALT DEWATERING ACTIVITY IN CASES OF FAILING WATER QUALITY TESTS AND CONTACT SFWMD AND ENGINEER —CONTINGINCY SHALL BE, BUT NOT LIMITED TO, THE FOLLOWING ITEMS LISTED BELOW. 1. HALT DEWATERING ACTIVITY IMMEDIATELY 2. INSURE PROPER PLACEMENT AND QUALITY OF TURBIDITY CONTROLS 3. REPAIR OR REPLACE FAULTY EQUIPMENT AND/OR BARRIERS VERIFY SGALE RUR 5 Eo TO ONE INCH ON ORIGINAL DRAWING ■■■-�7■` SURVEYORS k MAPPE7i5 ., .._(P CONSULTING CIVIL ENGINEERS,11 THE I.AKEHOUSE CITY OF OEEECHOBEE ._ .�.� 05-0260 -- ---------- SHEET ._._. 0 t INC. Vnlva ey m.,;R... 42 N.W. 9Lrert, Ose(863) e, Fl D—g OJEC PERRIG ADJ'JSf ALL SGA1E0 DIMENSIONS ACCORDINGLY 3— 669>I (66]) 761—R999 'N. (66J) 763-669} BPR k 6, license No' 959 wwx.IblN.com OHlll'iBRQiG PLAN GATE BY REVISIONS YIM .�• M: I w� Ilro�l VERIFY SCALE W 5 EOU,LL TO ONE ouy. �_�_ INCN ON ORIGINAL OR.AWING a �� QI-1 ITM=� w—�.9— —S' — 6GALED DIMENSIONS ACCORDINGLY �Mill_�� ui A ��� CONSULTING CIVIL ENGINEERS, SURVEYORS A MAPPERS I C "— - For R"t, Valor B}] /ksign" 421 N.W. 3r0 Stl-, OFee h—,, FI 34972 aoo (66S) ]6]-8999 Eov: (N63\ Tt}_sro+ A S CT ON -MNf uAN1144F •Wl. aWlp• 11®If aW1 . ITNlm N ML NVM6 31'ANIt1RT VATmraa an AND COVER Nor m xuE SINGLE SERVICE CONNECTION DOUBLE SERVI=E CONNECTION �... SEC110N M>aN.: m•+'°°"°`wm'°inn.�wl.�'x'oe;.°d°�"'.aw'®'a'�u..: , w.alaR IYYY 4YaG a NL �.¢ IggNA Mlt K 1 Na¢ Wa,�y M9WA.NA . YYE ral a I..b uFxart a FVanr uE a�NA a S m �.aAlp�,m P'EP[�4W>IE IMAM YaN a M a[ CALL 48 HOURS BEFORE YOU DIG IN FLORIDA 1-800-432-4770 RY THE IAWI SUNS NE $GTE ONE CALL W RMIDA, INC. THE LAKE HOUSE ^CITY OF OKEECHOBEE OF—n�an IA� BBB�mB®®©�B©m a©ee®ee©®ease •©®a©me©tea©ma oo©eome®©e®©e no©am©arrtoYs©©e ®m©ao©eCA MCA m©©e©meKA MEa e Ball cmrrarocmr©oa©ro L-7 1 +� un•,I+a YRN Yam.. Ice. �n ,N. ,N. =I.Qaw� .,.... oaeu. BARD XAMOT�'1'3cA01FW= C CONEI °e1i „na�Tom � _ aw.4 y -JBf— VERIFY SCALE BAR Wl TO ONE 5 EO INCH ON ORIGNAL ORAMING D — I IAIUST A,SCALED DMENSIONS ACCORDINGLY .yNSULI SURV Oco-E INC- V. `rYa Y21 N.W. ha Steel, 04avG (BWa ) 783-B999 ,. (B BPR k EBPE lice... Nn: 959 DATE I BY REVISIONS VG CIVIL ENGINEERS, 0 S k MAPPERS For Plndt , By Dvsi9+4• iCee, n 3A911 )) 163-1BB3 mm.�on. m rs?uR� • rrc I TYPICAL MAW UNE TERMINAL CLEANOUr ,o 1. _sero-N T 1SERNCE IAIERLL TWO WAY CLEg4OVf TYPICAL CLEANOUT T.- rciri�ra r'�iaoov 1J i; w.. CALL 48 HOURS BEFORE YOU DIG IN FLORIDA 1-800-432-4770 rrs THE uwI SUNSHINE OE ELORIOASPATE , ONINC.E CALL THE LAKE HOUSE CITY OF OKEECHOBEE 05-0260_ — SHEET WATER k SANITARY SYSTEMDETAIIS U-2 rug H �x p7 q f sR Y s s 3¢ fad g�gp� Rk" a R€f Y m dad x9 p eR ijl-F® � $ ,p § R � � € 'X Ili ..,A a 8 x pp4 aR R A ��8 � � g R� `� A�: � 6q k $ °"R$3 R€ a RRaaRyRR{R� Y9a k�� p 95 @ Qg YB d � � Ill . $ � ��"= B R9� R R �E i� §S €R Y S 4 P > E �Af ,,.; K p g 5u� q$ € R §A, SIP a 8R R 4 1€ s �0'b g'$ 'a` R 9 s, d � �. 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VW 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 Boar 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 I. 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. Page 1 of 2 ECTI NN I CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining Provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 61h day of Novber, 2007. _ em ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk -Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 4 h da Decem__ber, 2007. y of ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attomey James E. Kirk, -Mayor Page 2 of 2 CITY OF OKEECHOBEE PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS OCTOBER 18, 2007 SUMMARY OF BOARD ACTION 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 2nd 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. VOTE 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. 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: 7 I "71O % Petition No. 0 _ Fee Paid: W%I ye j ' (llc Jurisdiction: 1st Hearing: 10 (` 2nd Hearing: Publication Dates: Notices Mailed: Uniform Land Use Application Re7.nnt- • Cnevial F.YrPntinn . VAAanrn V Name of property owner(s): �� A -Cad A Owner mailing address: 1' F o P P Name of applicant(s) if other than owner (state relationship): L I Applicant mailing address: C A Name of contact person (state relationship): lam N [—T11 Contact person daytime phone(s): Property address /directions to property:Ad Indicate current use of property: era- Describe im rov ients on p R'Cluding nu er/type o dwellings and whether occupied (if none, so state): . �. Approximate number of acres: Is property in a a d subdivision? P R Is there a current or r<<eni ul the pi that is was a \ iukition of countv ordinance" lfso_ 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: South: milo East: West: Existing zoning: Future Land Use classification: Actions Requested: (� Rezone (Special Exception L—_) Variance Parcel Identification Number: In — 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 $500.0'an imp rk onment of up to 30 days and may result in the summary denial of this application. O Sfan�ature Printed l�t�e L Date Uniform Land Use Application (rev vo>> Page 1 of 2 Current zoning classification: �(� Requested zoning classification R What is your desired permitted use under the pro osed classification: 3N�A Ocv� Z O N If granted, will the new zone be contiguous with a like zone? yto.5 E Is a Special Exception necessary for your intended use? Variance? Describe the Special Exception sought: S P E C I Provide specific LDR ordinance citation: A L Are there other similar uses in the area? l P so, describe: e—S. X C� � � Y n *t S C E Why would granting your request be in the best interest of the area and residents? P T I n If inusines�. hriefl� describe nature nnlndin�,- number of ennplovees. hours. noise generation rind acts it to be N cont ucreO ouf�lde of <f binldmn�-' Describe Variance sought: V A R Describe physical characteristic of property that makes variance necessary: 1 A N C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? Uniform Land Use Application (.reN 403) Page 2 of 2 BUILDING BLOCKS ACADEMY 1811 SW 2ND 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. u. I) 40+ tael CKEECHOBEE COLWY PA PACE 03/06 — _ .._... 16d— g td^ 5---f �_.. Sr..' IS—" I ' B31>Sad50(Ifti73l1R0U7I I I � I � i C � �� ��ggi' Lei C I ( 3283735C 508037pGO7n I37D3735Dp66t10_330041d `328373?'QI!UOd3lOOOhI i ]I8373WDBD003dOfY)�0 r" I� �A' � e� A]?360d41'd03ddO " W8373500 On30303d i 1328373500500O3c0�S[] � � 9 l 1 _ yL28313'JdiC00D'1i'60d0( n it>113tiCd3?J)odAD i~37 3 32S37J 000.330005e siafi 135DOn mi to 3283736VPI.iQW3d000A I AC � y ' 5 —J 142_; lla2h—_---_..-.142.•: i_!2_`', L i 95 +42.5' �' t- j % I l f 1_i.l I � Z2837_3511A70C0U�5tW8d.. _ FF I :283;aC05000364R07C 3oR37j9d09d00360a7t0 U-i ]?.d2)350rY!R.3Sfgf.7n r 1 923735005t10D3E00030 y tt til I ���_Q :2 7350tTi6V8360W9d 3MI735G8 ZLMI0330 �33`�.±!:`dijit3 3163735nA5aC!83RAA35d� �' 3214318SiKI5D0d3�3Nlttd � ?Zf1;735Q _ Adat)RG _ t1 213; '^I I. i lI 3EA3T3500.4t�(g4100R76 i I � -- - »f 8rE— j t 5 L)E 3eH3?'5�5(O1d3908d70 ` l I :L2f137i0010on01n 2Pd7?35A C4R •I t 328373�7050A0�0003A - �. -�; 3aan35ou5AceaeoA7:c 1zA3:?,an=floaet>Con3r,_li ': Taal— r-r55co5nro�vr v <. f ?�"%35o!�tewweacDlnA — —� 3�e3?3�a7o5aaiiai�in ; i ��R37 dosftfnnt>o�!tlo 32e37 cSAeamn?�a� -_' A ... � .i ..._ie I•^,c.y �� � � _. .. _ rI __'r �4r.0 1F"e.ti F '�'I I W _- ^� Ste__._ nvv'nonevmemv `'�� + i 37R37350D5IXIf.4t(Y70!5 22AdT •=t .-? 383'35^.95D70A30At7d 37837:i�pt75d8netlDhn 1 n i I 89135905000d1000AQ n - I1 3�837350Ci56�!]d1i!Dtt5G f ,f: I�' - , ;�S - 'i ".... ¢ �•9�' __. -. �.... it +9373' ,,InK AOL !� i—f!2N,3735p09f7'CY)M1BnOo iD 32R3i3500 UG06�f7(0 f 22A3�39r M10n5ppp"0' 3t83I35D8R7NaMtKIN 32A3?3moA0 ima47n h - ie� - R7 - 32A?J9580�onOStWOz� FILE NUM 2004003151 OR BK 00 524 PG ► 655 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY. FL RECORDED 02/24/200r, O1s35=54 PH TMS INMPkWENT PREPAR® BY AND PMUFIN TO: RECORDING FEES 6.DO Martha S. Eskuchen mi mo DEED DOC 5r565.00 Oman" Tl*WM RECORDED BY H Anuez 14041 U.S .Hghway One Jute See* FL 88408 (�) 8259690 Property APpraaers parcel WeMMcatoh (Foao) Numbe= 3-2a3-W-3&0060.0D�10 & 00400-0070 sPAt AMMT- to UNE FM FEOOMNO DArA - THIS WARRAMYDEED, made me 19th day at February. A.D. 2004 by Building Blocks Child Cars, Inc., hmgn =&d tfte grenm., ho Building Blocks Academy of Okeschobesi, Inc, A Florida orate address fs 1811 & 1903 3. W. 2nd Avenue, Okeechobee, FL Corporation whose pose (Nlhw.vw u.d h wo n m. r.rm. 84872. herelnettercaaed Rrs (irardw br.rhtaf .nd yiw..' Yhof W. W th. phhrW. b thl. binrmsrs vhd iM Iwn, l.a.r r.pres.nterWw .rhd wkti of thNvidhW, hhhhd th. hxho..e.ors.rxl r.lpi. d ompouport.) WITNESSETH: ThatOraill"w"mrforwWfnOm*WsmknctthesiandTENANDfxy10DS M0.00) Do and crier hM4rebfe tormlderaOpta, Vare �. hereby grants, bargalne, -n% tifen., remises. mleeaee, carways and canarms.taao the pfrurfae d skelb In OISECHpgM Co", Stale of Florida, Vt, Lot 7 and North 1/2 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 36, FI N 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 go�unaniei authority; . appearing on the plat or otherwise common to the subdivision; public uUlity sasefnerlts of record and taxes for year of closing and subsequent years. This property la comnrefelal Property and not the Homestead of Grantors. TOGETHER, with as the isnsmenfs, here mamerris and apl irderiencee therein bew op„O o, In awwiee ° ^B TO HAVE AND TO HOLD, the same In fee simple forever AND, the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple, that the grantor has good right and IawU aut hodty 10 sail and convey said land, and hereby warrants the bde fo said land and will defend the same against the lawful claims of as Persons whomsoever, and that said land is free of an encumbrances- except t,xse accruing subsequent to Decerrber St, 20D9. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed eeaIed and ae&rarea in the presence of; witrheas st signalise C- hit-prtn Witness 02 Prided Hama STATE OF FLORIDA COUNTY OFVXXBCM@W PALm rq3SAC-ft Build' Blocks Child C ;e, l Br: Rhonda Sblard taki, pros ! d a 49M &E- 441h Ave Rd, Ocala. FL 34480 The hxegokg kha4esrrerht was ti&nowledged before me Offs I M day of February. 2004 by Rhonda Sarick larIsL Building Blooks Child Care, Inc- on bshat Of the corporation- He/she Is pere e1 cncwrn Presidentprproduced as Identification.ryas produced SEAL to Signs My COmmlee►cn eq o - _-),tAfiIHASES14iEFiBi P'k— W" Stanek. Fie Nu 2mi-10 NiY CObtN55l0tf i pQ89E6iB - �g EXPtiiES Aughat 1& � ' .. ���G,jpr BoideClltutWWY Ph1i� k� C-¢4' w � W S-pr E-0.4' Wf BOUNDARY SURVEY PREPARED FOR N 89'S1'48" W 142.50' 0. ro,a ■ . r"cE BUILDING BLOCKS OF OKEECHOBEE, INC. °xa —c —TO— 11 II I B Y I 49A' 14.a• ll.a' IS°' -a I I c0 a LOT 11 O O Y Q Y O >-9 0 o n f 0.- ACRES _ UJ7NORTH ;.;.l ; ��!ALID _ . = rPir mRc U _. O O A LOT 12 O GRAPHIC'SCALE Z aaw . ..p .. _...._�___.. _... _ . Z Q � lar a I V.7 � in I (w recr) I I IIR It man - 20 a Lw zla Q � I E-arapE � � roE DESCRIPTION: I ZI sm. iont siREET (TaEtFnt SEREY0 PLAT LOTS 11 & 12 BLOCK 35 & LOTS 7 & N1/2 OF 8, BLOCK 40 FIRST cv H NOT OPEN '& NOT M USE ADDITION TO SOUTH OKEECHOBEE P.B. 1, PG. 17, OKEECHOBEE COUNTY u I I (4C PU71ID R/VQ PUBLIC RECORDS I q 7 . ( roan as nm N 89'51'48" W 142.50' PARCEL ID: �TT� Eo+cc (LOTS 11 & 12, BLOCK 35) 3-28-37-35-0050-00350-0110 W I � �s '+` � n lsv (LOT 7 & N1/2 LOT 5, BLOCK 40) 3-28-37-35-0050-00400-0070 �I �(I I �I/,.LH�-� p ROOi OeVC IAT 7 Q 3 t1) ADDRESS: 1811 & 1903 S.W. 2NO AVENUE Ir �` t(j� r I r t0.25 ACRES FA.R.M, ZONE: LOTS LIE IN CITY UMITS OF S 9 I cV O OKEECHOBEE FLOOD ZONE NOT DETERMINED, (V aou -° I `a OFO nr gto ` O ass PROJECT SPECIFIC NOTES: • 'W O 1. UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLAT(P) AND MEASURED(M). W I uJ 2, THIS SURVEY IS NOT INTENDED TO DEPICT JURISDICTIONAL AREAS OR OTHER u NORTH 1/2 LOT e AREAS OF LOCAL CONCERN. gI I Z ,cs*nur oRrvE :I 9sr 3. THE DESCRIPTION SHOWN HEREON WAS PRO VIDEII BY CLIENT OR CLIENTS arw REPRESENTATIVE. `0°° 1p1S �'6 4. DATE OF LAST FIELD SURVEY: 11/24/03. r",u N 89'51'48" W 142,50' PREPARED FOR THE EXCUSIVE USE OF: II souv„/%E9re BUILDING BLOCKS OF OKEECHOBEE, INC. I BUSINESS LOAN CENTER OCEAN5IDE TITLE, INC. STEWART TITLE GUARANTY CO. HALEY, SINAGRA, PAUL AND TOLAND, P.A. F46 ANOARONOTES' N9a.ar, r tha p"Gila recrd. ,or d.tanldnaelen a avnar.hp or rvtr�,«,a aRa-+f^o "'• laidiTRADEVPINDS PROFESSIONAL, SERVICES, IN( o-Set Iron Rod ond Cap TWPS 67,9 ■-FoundCN y,p.„,,,pa par/ormad oY the aurwyor.axYthose ®noted.SURMORS AND MAPPERS -Found Iron Rod (ond Cop) 9a -Found Pipe (ond Cop) arm��ctad ne•,h u mad M *ha'TMk°f "" yr Omar, ,,,taP.neaurno.^.200 S.W. 3rd /.vemm ABBREV�A11gJS y ar lioo9, m,d moppar �4824ADD ACREAGE D9/u4/07 FlLE WC KAB �aawaa,t E-��^'a �°a'"a's urv-cw. » a- Not vNld .ith.t the ./gnome -d em0aased Nd ap,d sun+Y� Okeechobee, n 34974 11 26 03 FILE WC KAB c.w.,. uweet eMr E...•K o-9..a rwm °' e.rv+roc.+eroia Goow 9ramd anv000nmanb sxeept w ahmm. BOUNDARY SURVEY UPDATE) / / ELv_Ewi.'�% E�*-Eaw a P...,•.c Esrt-F......n r+„+E-a^." """'e• `� n101O °r' n' de to locate und.7—d Impro—anb ond/v anvoodvnar is 0� °e P� °F Sel• (889} 783-2837 BOUNDARY SURVEY 5170 07 O.i 01 FILE JS KAB q-Y n„ aa(dH�... ta+ a r+k �tM7 �+`k s• No atts++pt .°° m° BY CA' mwe.,e.,s ua ta?.a.av,a a..,.n. thN aurny.th �, e,. r}. fJn,P1GbL,L. / r/� D[NDARlYN DWG. DA7£ fB PC v.l y (o.mmJ a 19R R1YMot a SWc ors-a..hr aa.c E-Pr.r�v 7. ThN arrnY w°a w°Pored h occwdonwter 61G�7-B. FAtG W^uvlt W SeaOan li"'72027. FWr1da DRAWrMD NYYBLk u. -'- ac_ra,o...rra pR.1a4n a ca....a w•,.v., rv- 20r Pm , IeFBaa d al Suns on and MappYs (ChapSCAtE � aa..r.. >7591 a r.,we w,n-rulwry ^^ armor. ""n.Kenneth A Hreavx, 7r. (PSb1 4820)E_ewar. sryi,.a.,a.rr.,.,e ,�..;. .: sHirr Of AUGUST 16, 1994 - REGULAR MEETING - PAGE 3 OF 13 F. PUBLfC HEARING FOR REZONING ADOPTION 1. b. Consider Petition 94-471 R for a rezoning request from Mr. Bill Royce, Planning Director, appeared before the Council explaining this Residential Single Family to Commercial for property petition is for a rezoning of land from residential single family to light commercial. located at 1903 S.W. 2nd Avenue - Mr. Bill Royce (E-1). The property is located at 1903 S.W. 2nd Avenue (Lot 7 and NArth 1/2 of 8 of Block 40; South Okeechobee) owned by Gary and Deborah Frazier. The Frazier's plan to expand their Building Blocks Day Care Center into this area to open a Pre -School. The Future Land Use Designation is consistent with this request. The Planning Board unanimously recommends that the City Council grant the petition. The Board of Adjustments and Appeals granted the variance and special exception. Mayor Kirk asked if there was any comments or questions from the public, there were none. Councilmember Entry commented he went to the day care center and looked at the proposed site and talked with the property owners around the area and that he did not have a problem with the rezoning or the pre-school. Following brief discussion, Councilmember Walker moved to approve Petition 94- 417-R for rezoning from Residential Single Family to Light Commercial at 1903 S.W. 2nd Avenue: seconded by Councilmember Entry. KIR K X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. 2. a. Motion to read by title only Ordinance 670 City Councilmember Entry made a motion to read by title only, (proposed) Ordinance Attorney (2-2). No. 670 (closing an alley in Block 29, City of Okeechobee); seconded by Councilmember Watford. Wh 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 OF COUNTY, FLORIDA, DESCRIBED AS THAT ALLEY IN BLOCK 29; TOWN 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 E CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE RCOUNTYDS OF HFLORIDA; PROVIDING AN EFFECTIVE DATE." Councilmember Entry made a motion to adopt Ordinance No. 670; seconded by Councilmember Walker. Mayor Kirk asked 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 O'CONNOR WALKER 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. KIRK ENTRY O'CONNOR WALKER WATFORD 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 ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. X X X 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Staff Report Rezoning Request Applicant Tammy Black — Building Blocks Day CareAcademy From: CLT To: CPO Petition No. 07 014-R Staff Report Rezoning Request Applicant: Tammy Black - Building Blocks Day Care Petition No.: 07-014-R Applicant Applicant Phone Number: Contact Person Future Land Use Map Classification Zoning District Use of Property Acreage Access CPO Day care same Location: 1811 and 1903 SW 2"d Avenue Legal Description: Lots 11 & 12, Block 35 and Lots 7 & North 1/2 of 8, Block 40, First Addition to South Okeechobee P.B. 1, PG. 17, Okeechobee County Public Records. The applicant is requesting a rezoning from CLT to CPO to allow continuation of an existing day care facility. North: commerciat CHV East: Commerciat CHV South: Cornmerciat RSF West: Sin le Famii RSF 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. 1 Staff Report Rezoning Request Applicant: Tammy Black - Building Blocks Day Care Petition No.: 07-014-R 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 E Staff Report Applicant: Tammy Black — Building nBlocks No. 07 014-R Rezoning Request 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 wel a The proposed change will not constitute a grant of special privilege to the owner. 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. 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' Hearing 10-18-07 PB, LPA 2"d Hearing 11-20-07 Council 3 Staff Report Rezoning Request Applicant: Tammy Black — Building Blocks Day Care Petition No.: 07-014-R City Zoning Map Subject Prope 48 .A I]f 51 Staff Report Applicant: Tammy Black - Building Pett onBlocks No.: 07 014-R Rezoning Request t NOV i AffNOA - EX091T NO. RESOLUTION NO. 0 A RESOLUTION OF THE CITYINFANDEECHOBEE, FLORIDA, ACCEPTANCE OF �► AUTHORIZING THE EXECUTION LEASE -PURCHASE AGREEMENT N BCT IT CORPORATION OKEECHOBEE AND GOVEEEN THE CITY OF RNME ING OF THE 64LAW FOR THE PURPOSE OF��T RO V D NGRFOR AN EFFECTIVE ENFORCEMENT SYSTEM PR DATE. WHEREAS, the City of Okeechobee desires to enter into that ration and the City of Okeechobee, ain Lease -Purchase Agreement No. 4704, by and between Government Capital Corpo for the purpose of the procuring of the "Law Enforcement System;" and WHEREAS, the City desires to designate this agreement as a "QualifiedmaRevenu Tax Exempt Obof tion" of the City for the purposes of Section 265 (b)(3) of the 986, as amended; and WHEREAS, the City of Okeechobee desires to designate Brian Whitehall, City Administrator, as an authorized signer of the agreement. Florida; NOW, THEREFORE, be it resolved before theCity Council and passed by a maOJoety voteeof the City presented at a duly advertised public meeting; Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: SECTION 1. That the City of Okeechobee enters intou rof the t`Law with Government Capital Corporation for the purpose of the procuring Enforcement System." SECTION 2. That the Lease -Purchase Agreement No. 4704, by and between the City and Government Capital Corporation is designated by the City as a ,Qualified Tax Exempt Obligation" for the purposes of Section 265 (b)(3) of the Internal Revenue Code of 1986, as amended. SECTION 3. That the City of Okeechobee designates ase Brian Whitehall,4704 by a{nd befirveenSthe an authorized signer of the Lease Agreement No City of Okeechobee and Government Capital Corporation. SECTION 4. This Resolution shall take effect immediately upon adoption. INTRODUCED AND ADOPTED in regular session this 61 day of November, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 1 of 1 Page 1 of India Riedel From: "India Riedel" <iriedel@cityofokeechobee.com> To: "Robin Brock" <rbrock@cityofokeechobee.com> Cc: "BRIAN WHITEHALL"<BWHITEHALL@CITYOFOKEECHOBEE.COM> Sent: Tuesday, October 23, 2007 12:05 PM Subject: Agenda item for next Council Meeting Robin: On the councils next agenda, please add: Requesting approval of "Technology Lease -Purchase Agreement No.4704" for the already approved CAD system for the Police Department. I will forward copies for an Exhibit to you for distribution to council. The original will be given to Lane as the Mayor and Brian will need to sign same. Also I am requesting Lane to type a resolution for same to be acted on at the same meeting. If you have any questions please let me know. India Riedel Finance Department City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 634974 Ph# (863) 763-3372 NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. Fax#(863)763-1686 10/23/2007 ESCROW SIGNING INSTRUCTIONS These documents have been prepared and are being provided with the intent of a smooth and timely funding; however, providing these documents does not represent an irrevocable offer to provide funding for this transaction until such time as adequate financial information is provided and loan committee approval is granted. IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE DOCUMENTATION DEPARTMENT AT 800-883-1199 Enclosed find our Lease -Purchase Agreement for the financing of your current equipment needs. Please sign in blue ink the following documents and witness as indicated. ❑ FINANCIAL INFORMATION Please send the most current two (2) years audited financial statements and a budget for the current fiscal year. Please send the financial information as soon as possible in order for credit analysis to be completed. ❑ MUNICIPAL LEASE -PURCHASE AGREEMENT Please review and verify that the information contained in this document is correct. The Agreement requires the signature of an authorized individual with the signature witnessed. ❑ EXHIBIT "B" Review the Payment Schedule and sign as indicated. ❑ INCUMBENCY CERTIFICATE An authorized individual needs to sign this document, in front of a witness, who is either the "Keeper of the Records", Secretary of the Board, Clerk of the Board, City Secretary, or other Administrative Official. ❑ INSURANCE CERTIFICATE OR SELF INSURED CERTIFICATE Please provide current Insuranc Self -Insured, please indicate. e Information, such as, Company name, Address, Policy Number, etc. If you are ❑ ATTORNEY'S OPINION Provided in your Lease Agreement, is an Attorney's Opinion letter. This letter needs to be retyped on firm's letterhead paper. Urge your attorney to call us with any questions, comments, or suggestions, he may have. ❑ CERTIFICATE OF ACCEPTANCE If equipment has been received please sign and date this Certificate. If equipment has not been received please do not sign, but complete the bottom portion of the Certificate. ❑ RESOLUTION This Resolution authorizes the actual transaction and the Authorized Signer's authority to sign the documents. Please sign as indicated. ❑ ESCROW AGREEMENT Sign all three originals as indicated. An "Agent" will be determined upon our receipt of the documents. EXHIBIT A AND ATTA HMENT 1 /PAYMENT REQUEST/ ACCEPTANCE CERTIFICATE lIf Applicable) When you are ready to pay for your equipment, please complete and return this form to our Escrow Department along with the vendor invoice. If equipment has not been received, please keep this form, so we can proceed with the paperwork. Then send the Payment Request/Acceptance Certificate Form when equipment is received. Your vendor payment will be processed in 24 to 48 hours from our receipt of the form. ❑ DEMOGRAPHIC INFORMATION "If Applicable) Complete the enclosed Demographic Information sheet in detail and return it with the signed Lease Agreement. All of the above information must be obtained prior to providing funding for this transaction. ❑ AQ26 FORM An 8038G or 8038GC is required by the IRS. Please sign and date the form. We will file on your behalf. ❑ ADVANCE PAYMENT fIf ADplicable) Include any Advance Payment, "At Signing", or Fee as invoiced, and return your payment along with the signed documents. PLEASE RETURN ALL ORIGINAL DOCUMENTS AND ANY PAYMENTS DUE TO: Documentation Department GOVERNMENT CAPITAL CORPORATION 345 Miron Drive Southlake, TX 76092 800-883-1199 TECHNOLOGY LEASE -PURCHASE AGREEMENT THIS TECHNOLOGY LEASE -PURCHASE AGREEMENT No. 4704 (hereafter referred to as "Agreement") dated as of September 19, 2007, by and between Government Capital Corporation, a Texas corporation (herein referred to as "Lessor"), and City of Okeechobee, a political subdivision or agency of the State of Florida (hereinafter referred to as "Lessee"). WITNESSETH: In consideration of the mutual covenants and conditions hereinafter set forth, the parties hereto agree as follows: 1. Term and payments. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor those software licenses and related computers and appurtenances, if applicable, described in Exhibit A hereto (hereinafter, with all replacement parts, substitutions, proceeds, increases, additions, accessions, repairs and accessories incorporated therein or affixed thereto, referred to as the "Technology Assets") for the amounts to be paid in the sums (the "Lease Payments") and on the dates (the "Lease Payment Dates") set forth in Exhibit B hereto. Except as specifically provided in Section 2 hereof, the obligation of the Lessee to make the Lease Payments called for in Exhibit B hereto shall be absolute and unconditional in all events and shall not be subject to any set-off, defense, counterclaim or recoupment for any reason. The term of the lease hereunder shall commence upon the dated date of the lease and shall continue until the end of the Lessee's current fiscal period and thereafter for such additional fiscal periods as are necessary to complete the anticipated total lease term as set forth in Exhibit B, unless earlier terminated as provided herein. 2. Renewal and Non -Appropriation. Lessee agrees that it will take all necessary steps and make timely requests for the appropriation of funds to make all Lease Payments called for under Exhibit B, and use its best efforts and take all steps to cause such appropriations to be made. In the event that (i) funds for the succeeding fiscal period cannot be obtained, (ii)Lessee has exhausted all legally available means for making payment called for under this Agreement, (iii) Lessee has invoked and diligently pursued all legal procedures by which payment called for under this agreement may be made, (iv) such failure to obtain funds has not resulted from any act or failure to act of Lessee, (v) Lessee has not acquired, and has no intent to acquire during the subsequent fiscal period, items of property having functions similar to those of the Technology Assets or which provide similar benefits to Lessee, and (vi) no funds have been appropriated for the acquisition of such property, Lessee may terminate this Agreement at the end of any fiscal period during the payment schedule set forth in Exhibit B by giving notice to Lessor or its successors at least sixty (60) days prior to the first day of such fiscal period for which appropriations cannot be made. Such failure to obtain proper appropriation and approval of the full amount of funds necessary to make required payments hereunder during any fiscal period subsequent to the current fiscal period shall terminate all Lessee's right, title and interest in and obligations under this Agreement and to all the Technology Assets, effective on the last day of the last fiscal period for which appropriation or approval was properly obtained. 3. Taxes. In addition to the Lease Payments to be made pursuant to Section 1 hereof, Lessee agrees to indemnify and hold Lessor harmless from and against and to pay Lessor, as additional rent, on demand, an amount equal to all licenses, assessments, sales, use, real or personal property, gross receipts or other taxes, levies, imposts, duties or charges, if any, together with any penalties, fines, or interest thereon imposed against or on Lessor, Lessee or the Technology Assets by any governmental authority upon or with respect to the Technology Assets or the purchase, ownership, rental, possession, operation, return or sale of, or receipt of payments for, the Technology Assets, except any Federal or state income taxes, if any, payable by Lessor. Lessee may contest any such taxes prior to payment provided such contest does not involve any risk of sale, forfeiture or loss of the Technology Assets or any interest therein. 4. Lessee's Covenants and Representations. Lessee covenants and represents as follows: (a) Lessee represents, and will provide an opinion of its counsel to the effect that, it has full power and authority to enter into this Agreement which has been duly authorized, executed, and delivered by Lessee and is a valid and binding obligation of Lessee enforceable in accordance with its terms, and all requirements for execution, delivery and performance of this Agreement have been, or will be, complied with in a timely manner; (b) All Payments hereunder have been, and will be, duly authorized and paid when due out of funds then on hand and legally available for such purposes; Lessee will, to the extent permitted by State law and other terms and conditions of this Agreement, include in its budget for each successive fiscal period during the term of this Agreement a sufficient amount to permit Lessee to discharge all of its obligations hereunder, and Lessee has budgeted and available for the current fiscal period sufficient funds to comply with its obligations hereunder; (c) here are no pending or threatened lawsuits or administrative or other proceedings contesting the authority for, authorization of performance of, or expenditure of funds pursuant to, this Agreement; (d) Information supplied and statements made by Lessee in any financial statement or current budget prior to or contemporaneously with the Agreement are true and correct; (e) Lessee hs an , substantially the Technology Assets, which need is not temporimmediate ary or expected to d minish in the foreseeable future; specif for, ad expects to make immiate callyfLessee will n not give priority or parity in the appropriation of funds for the acquisition or use of any additional property for purposes or functions similar to those of the Technology Assets. (f) There are no circumstances presently affecting the Lessee that could reasonably be expected to alter its foreseeable need for the Technology Assets or adversely affect its ability or willingness to budget funds for the payment of sums due hereunder and; ) Lessee's ht terminate this as bargained for consideration, on, but was included solely fort egpurrpose of complyingpyg in with theyon 2 hereof was not an requi requirements of the laws ofthe State tin which Lessee is located. Technology Lease Purchase Agreement purchase to which Lessee has beeenaal agrrtyeement, during agreement, payment agreement or contract for as a result of insufficient funds bein a pa ten ( ) years has been terminated by Lessee g appropriated in any Fiscal Year. No event has occurred which would constitute an event of default under any debt, revenue bond or obligation which Lessee has issued during the past ten (10) years. S. Use and Licenses. Lessee shall pay and discharge all operating expenses and shall cause the Technology Assets to be operated by competent persons only. Lessee shall use the Technology Assets only for its proper purposes and will not install, use, operate or maintain the Technology Assets improperly, carelessly, or in violation of any applicable law, ordinance, rule or regulation of any governmental authority, or in a manner contrary to the nature of the Technology Assets or the use contemplated by its manufacturer, or in the case of any software portion of any Technology Assets, in a manner contrary to any license agreement applicable to said software. Lessee shall keep the property at the location stated on the Certificate of Acceptance executed by Lessee upon delivery of the Technology Assets until Lessor, in writing, permits its removal, and the Technology Assets shall be used solely in the conduct of the Lessee's operations. Lessee shall obtain, at its expense, all registrations, permits and licenses, if any, required by law for the installation and operation of the Technology Assets. 6. Maintenance. Lessor shall have no obligation of any nature to provide maintenance to or service regarding the Technology Assets. Lessee shall be solely responsible for the providing of all such maintenance and service, to the extent applicable, at Lessee's sole cost and expense. 7. Alterations. (a) Lessee may, at its own expense, install or place in or on, or attach or affix to, the Technology Assets such equipment or accessories as may be necessary or convenient to use the Technology Assets for its intended purposes provided that such equipment or accessories do not impair the value or utility of the Technology Assets. All such equipment and accessories shall be removed by Lessee upon termination of this Agreement, provided that any resulting damage shall be repaired at Lessee's expense. Any such equipment or accessories not removed shall become the property of Lessor. (b) Without the written consent of Lessor, Lessee shall not make any other alterations, modifications or improvements to the Technology Assets except as required or permitted hereunder, or as otherwise permitted pursuant to any applicable software licensing agreement. Any other alterations, modifications or improvements to the Technology Assets shall immediately become part of the Technology Assets, subject to the provisions hereof. Without the prior written consent of Lessor, Lessee shall not affix or attach any of the Technology Assets to any real property. The Technology Assets shall remain personal property regardless of whether it becomes affixed or attached to real property or permanently rests upon any real property or any improvement thereon. S. Liens. Lessee shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, security interest, pledge, lien, charge, encumbrance or claim on or with respect to the Technology Assets, title thereto or any interest therein, except the respective rights of Lessor and Lessee hereunder. 9. Damage to or Destruction of Technology Assets. Lessee shall bear the entire risk of loss, damage, theft or destruction of the Technology Assets from any and every cause whatsoever, and no loss, damage, destruction or other event shall release Lessee from the obligation to pay the full amount of the rental payments or from any other obligation under this Agreement. In the event of damage to any item of the Technology Assets, Lessee will immediately place the same in good repair, with the proceeds of any insurance recovery applied to the cost of such repair. If Lessor determines that any item of Technology Assets is lost, stolen, destroyed or damaged beyond repair, Lessee, at the option of Lessee, will either (a) replace the same with like property in good repair or (b) on the next Lease Payment Date, pay Lessor (i) all amounts then owed by Lessee to Lessor under this Agreement, including the Lease Payment due on such date, and (ii) an amount equal to the applicable Early Redemption Value set forth in Exhibit B. 10. Insurance. Lessor shall have no obligation of any nature to provide any insurance in connection with Lessee's use of the Technology Assets. Lessee shall be solely responsible for the providing of all such insurance at Lessee's sole cost and expense, or, Lessee may self insure the Technology Assets upon the express written consent and approval of Lessor. 11. Indemnification. Lessee shall indemnify, to the extent permitted by law, and save harmless Lessor and its agents and assigns, employees, officers and directors from and, at Lessee's expense, defend Lessor and its agents, employees, officers and directors against all liability, obligations, losses, damages, penalties, claims, actions, costs and expenses (including but not limited to reasonable attorneys' fees) of whatsoever kind or nature which in any way relate to or arise out of this Agreement or the ownership, rental, possession, operation, condition, sale or return of the Technology Assets. All amounts which become due from Lessee under this Section 11 shall be credited with any amounts received by the Lessor from insurance provided by the Lessee and shall be payable by Lessee within thirty (30) days following demand therefor by Lessor and shall survive the termination or expiration of this Agreement. 12. No Warranty. EXCEPT FOR REPRESENTATIONS, WARRANTIES, AND SERVICE AGREEMENTS RELATING TO THE PROPERTY MADE OR ENTERED INTO BY THE MANUFACTURERS OR SUPPLIERS OF THE PROPERTY, ALL OF WHICH ARE HEREBY ASSIGNED TO LESSEE, NEITHER LESSOR NOR ANY ASSIGNEE OF LESSOR HAS MADE AND MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AND ASSUMES NO OBLIGATION WITH RESPECT TO THE TITLE, MERCHANTABILITY, CONDITION, QUALITY OR FITNESS OF THE PROPERTY DESCRIBED IN EXHIBIT A FOR ANY PARTICULAR PURPOSE OR THE CONFORMITY OF THE PROPERTY TO SPECIFICATION OR PURCHASE ORDER, ITS DESIGN, DELIVERY, INSTALLATION OR OPERATION. All such risks shall be borne by Lessee without in any way excusing Lessee from its obligations under this Agreement, and Lessor shall not be liable to Lessee for any damages on account of such risks. All claims or actions on any warranty so assigned shall be made or prosecuted by Lessee, at its sole expense, upon prior written notice to Lessor. Lessor may, but shall have no obligation whatsoever to, participate in such claim or action on such warranty, at Lessor's expense. Any recovery under such a warranty shall be made payable jointly to Lessee and Lessor. Technology Lease Purchase Agreement 13. Early Redemption. Provided Lessee has complied with the terms and conditions of this Agreement, Lessee shall have the right to pre -pay the scheduled lease payments upon the payment of the Early Redemption Value set forth on Exhibit B by giving written notice to Lessor not less than sixty (60) days prior to the date specified in Exhibit B for the exercise of such early redemption right; provided that upon Lessee's timely payment of all Lease Payments specified in Exhibit B, Lessee shall be deemed to have paid in full the Early Redemption Value and shall be deemed to have acquired all of Lessor's right, title and interest in and to the Technology Assets, free of any lien, encumbrance or security interest except such liens, encumbrances or security interest as may be created, or permitted and not discharged, by Lessee but without other warranties. Payment of the applicable Early Redemption Value shall occur on the applicable Lease Payment Date specified in Exhibit B hereto, at which time Lessor shall, unless not required hereunder, deliver to Lessee a quitclaim bill of sale transferring Lessor's interest in the Technology Assets to Lessee free from any lien, encumbrance or security interest except such as may be created, or permitted and not discharged, by Lessee but without other warranties. Upon Lessee's actual or constructive payment of the Early Redemption Value and Lessor's actual or constructive delivery of a quitclaim bill of sale covering the Technology Assets, this Agreement shall terminate except as to obligations or liabilities accruing hereunder prior to such termination. 14. Default and Lessor's Remedies. (a) The occurrence of one or more of the following events shall constitute an Event of Default, whether occurring voluntarily or involuntarily, by operation of law or pursuant to any order of any court or governmental agency: (1) Lessee fails to make any payment hereunder when due or within ten (10) days thereafter; (2) Lessee fails to comply with any other covenant, condition or agreement of Lessee hereunder for a period of the ten (10) days after notice thereof; of the date made; (3) Any representation or warranty made by Lessee hereunder shall be untrue in any material respect as (4) Lessee makes, permits or suffers any unauthorized assignment, transfer or other disposition of this Agreement or any interest herein, or any part of the Technology Assets or any interest therein; or (5) Lessee becomes insolvent; or admits in writing its inability to pay its debts as they mature; or applies for, consents to or acquiesces in the appointment of a trustee, receiver or custodian for the Lessee or a substantial part of its property; or, in the absence of such application, consent or acquiescence, a trustee, receiver or custodian is appointed for Lessee or a substantial part of its property and is not discharged within sixty (60) days; or any bankruptcy, reorganization, debt arrangement, moratorium, or any proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding is instituted by or against Lessee and, if instituted against Lessee, is consented to or acquiesced in by Lessee or is not dismissed within sixty (60) days. (b) Upon the occurrence of any Event of Default specified herein, Lessor may, at its sole discretion, exercise any or all of the following remedies: appropriate action to hereunder, by acceleration of otherwise,otr to cause Less eyto perform its other obl gat onschereundersindue whichreventbecLesseme due e shall be liable for all costs and expenses incurred by Lessor; thereby (2) Cause all license agreements pertaining to the Technology Assets to be terminated and revoked, y preventing and prohibiting Lessee's continued use of the Technology Assets; (3) Repossess and re -take possession, ownership and control of any and all computers, tangible personal property and related equipment and furnishings that comprise a portion of the Technology Assets and liquidate same and apply the liquidation proceeds, net costs of liquidation, against sums otherwise owing by Lessee to Lessor hereunder; or (4) Pursue and exercise any other remedy available at law or in equity, in which event Lessee shall be liable for any and all costs and expenses incurred by Lessor in connection therewith. "Costs and expenses," as that term is used in this Section 14, shall mean, to the extent allowed by law: (i) reasonable attorneys' fees if this Agreement is referred for collection to an attorney not a salaried employee of Lessor or the holder of this Agreement; (ii) court costs and disbursements including such costs in the event of any action necessary to secure possession of the Technology Assets; and (iii) actual and reasonable out-of-pocket expenses incurred in connection with any repossession or foreclosure, including costs of storing, , reconditioning and reselling the Technology Assets, subject to the standards of good faith and commercial reasonableness set by the applicable Uniform Commercial Code. Lessee waives all rights under all exemption laws. excess of the sum a (5) Under no circumstances shall Lessee be liable under this subsection 14 (b) for any amount in ppropriated pursuant to Section 1 hereof for the previous and current fiscal years, less all amounts previously due and paid during such previous and current fiscal years from amounts so appropriated. 15. Assignment. Without Lessor's prior written consent, Lessee will not either (i) assign, transfer, pledge, hypothecate, grant any security interest in or otherwise dispose of this Agreement or the Technology Assets or any interest in this Agreement or the Technology Assets; or (ii) sublet or lend the Technology Assets or permit it to be used by anyone other than Lessee or Lessee's employees. Lessor may assign its rights, title and interest in and to this Agreement, the Technology Assets and any other documents executed with respect to this Agreement and/or grant or assign a security interest in this Agreement and the Technology Assets, in whole or in part. Any such assignees shall have all of the rights of Lessor under this Agreement. Subject to the foregoing, this Agreement inures to the benefit of and is binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. No assignment or reassignment of any of Lessor's rights, title or interest In this Agreement or the Technology Assets shall be effective with regard to Lessee unless and until Lessee shall have received a copy of the document by which the assignment or reassignment is made, disclosing the name and address of such assignee. No further action will be required by Lessor or by Lessee to evidence the assignment, but Lessee will acknowledge receipt of such assignments in writing if so required. During the term of this Agreement, Lessee shall keep a complete and accurate record of all such assignments in form necessary to comply with the United States Internal Revenue Code of 1986, Section 149 (a), and the regulations, proposed or existing, from time to time promulgated thereunder. 16. Personal Property. Lessee agrees and acknowledges that any and all computers, tangible personal property and related equipment and furnishings that comprise a portion of the Technology Assets are hereby deemed and considered to comprise personal property and Lessee does hereby grant to Lessor a security interest in and to said property and authorizes and empowers the Lessor with the right to file of record financing statements so as to perfect the security interest grant evidenced hereby, along with appropriate continuation statements. Technology Lease Purchase Agreement (17) Title to Technology Assets. Upon its acceptance of the Technology Assets, Lessee shall be deemed and considered to be the owner of all equipment and assets that comprise the Technology Assets, and shall be deemed to be the license holder of all software and related licenses that comprise the Technology Assets during the term of this Agreement; provided, however, that (i) upon the occurrence of an Event of Default and during the continuation thereof, or (ii) upon the termination of this Agreement pursuant to Section 2, hereof, then title to the equipment and assets that comprise the Technology Assets shall be reverted immediately to and in favor of Lessor absent any further action required by either party hereto, and free and clear of any right, title or interest of Lessee therein, unless Lessor elects otherwise, and all license agreements related to the software that comprises the Technology Assets shall immediately be terminated, and Lessee shall have no further right to use or access same. (18) Lessor's Right to Perform for Lessee. If Lessee fails to make any payment or perform or comply with any of its covenants or obligations hereunder, Lessor may, but shall not be required to, make such payment or perform or comply with such covenants and obligations on behalf of Lessee, and the amount of any such payment and the expenses (including but not limited to reasonable attorneys' fees) incurred by Lessor in performing or complying with such covenants and obligations, as the case may be, together with interest thereon at the highest lawful rate, shall be payable by Lessee upon demand. (19) Interest on Default. If Lessee fails to pay any Lease Payment specified in Section 1 hereof within ten (10) days after the due date thereof, Lessee shall pay to Lessor interest on such delinquent payment from the due date until paid at the highest lawful rate. (20) Notices. Any notices to be given or to be served upon any party hereto in connection with this Agreement must be in writing and may be given by certified or registered mail, and shall be deemed to have been given and received forty-eight (48) hours after a registered or certified letter containing such notice, postage prepaid, is deposited in the United States mail, and if given otherwise shall be deemed to have been given when delivered to and received by the party to whom it is addressed. Such notice shall be given to the parties at their respective addresses designated on the signature page of this Agreement or at such other address as either party may hereafter designate. (21) Security Interest. As security for Lessee's covenants and obligations hereunder, Lessee hereby grants to Lessor, and its successors, a security interest in the Technology Assets, all accessions thereto and proceeds therefrom, and, in addition to Lessor's rights hereunder, all of the rights and benefits of a secured party under the Uniform Commercial Code as in effect from time to time hereafter in the State in which the Technology Assets is located or any other State which may have jurisdiction over the Technology Assets. Lessee agrees to execute, acknowledge and deliver to Lessor in recordable form upon request financing statements or any other instruments with respect to the Technology Assets or this Agreement considered necessary or desirable by Lessor to perfect and continue the security interest granted herein in accordance with the laws of the applicable jurisdiction. Lessee hereby authorizes Lessor or its agent/assigns to sign and execute on its behalf, any and all necessary UCC-1 forms to perfect the Purchase Money Security interest herein granted to Lessor. (22) Tax Exemption. Lessee certifies that it does reasonably anticipate that not more than $10,000,000 of "qualified tax-exempt obligations," as that term is defined in Section 265 (b) 3 (D) of the Internal Revenue Code of 1986 ("the Code"), will be issued by it and any subordinate entities during 2007. Further, Lessee designates this issue as comprising a portion of the $10 million in aggregate issues to be designated as "qualified tax exempt obligations" eligible for the exception contained in Section 265 (b) 3 (D) of the Code allowing for an exception to the general rule of the Code which provides for a total disallowance of a deduction for interest expense allocable to the carrying of tax exempt obligations. (23) Continuing Disclosure. Specifically and without limitation, Lessee agrees to provide audited financial statements, prepared by a certified public accountant not later than six (6) months after and as of the end of each fiscal year. Periodic financial statement shall include a combined balance sheet as of the end of each such period, and a combined statement of revenues, expenditures and changes in fund balances, from the beginning of the then fiscal year to the end of such period, certified as correct by one of Lessee's authorized agents. If Lessee has subsidiaries, the financial statements required will be provided on a consolidated and consolidation basis. (24) Miscellaneous. (a) Lessee shall, whenever requested, advise Lessor of the exact location and condition of the Technology Assets and shall give the Lessor immediate notice of any attachment or other judicial process affecting the Technology Assets, and indemnify and save Lessor harmless from any loss or damage caused thereby. Lessor may, for the purpose of inspection at all reasonable times enter upon any job, building or place where the Technology Assets and the books and records of the Lessee with respect thereto are located. (b) Lessee agrees to equitably adjust the payments payable under this Agreement if there is a determination for any reason that the interest payable pursuant to this Agreement (as incorporated within the schedule of payments) is not excludable from income in accordance with the Internal Revenue Code of 1986, as amended, such as to make Lessor and its assigns whole. (c) Time is of the essence. No covenant or obligations hereunder to be performed by Lessee may be waived except by the written consent of Lessor, and a waiver of any such covenant or obligation or a forbearance to invoke any remedy on any occasion shall not constitute or be treated as a waiver of such covenant or obligation as to any other occasion and shall not preclude Lessor from invoking such remedy at any later time prior to Lessee's cure of the condition giving rise to such remedy. Lessor's rights hereunder are cumulative and not alternative. (d) This Agreement shall be construed in accordance with, and governed by, the laws of the State in which the Technology Assets is located. (e) This Agreement constitutes the entire agreement between the parties and shall not be modified, waived, discharged, terminated, amended, altered or changed in any respect except by a written document signed by both Lessor and Lessee. (f) Any term or provision of this Agreement found to be prohibited by law or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without, to the extent reasonably possible, invalidating the remainder of this Agreement. (g) The Lessor hereunder shall have the right at any time or times, by notice to Lessee, to designate or appoint any person or entity to act as agent or trustee for Lessor for any purposes hereunder. (h) All transportation charges shall be borne by Lessee. Lessee will immediately notify Lessor of any change occurring in or to the Technology Assets, of a change in Lessee's address, or in any fact or circumstance warranted or represented by Lessee to Lessor, or if any Event of Default occurs. Technology Lease Purchase Agreement (i) Use of the neuter gender herein is for purposes of convenience only and shall be deemed to mean and include the masculine or feminine gender whenever and wherever appropriate. 0) The captions set forth herein are for convenience of reference only and shall not define or limit any of the terms or provisions hereof. (k) Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns, where permitted by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day of year 2007. Y in the Lessor: Government Capital Corporation Authorized Signature 345 Miron Dr. Southlake, TX 76092 Lessee: City of Okeechobee Witness Signature: Print Name: Print Title: Witness Signature: brlan Whitehall, City Administrator Print Name: 55 Southeast3rd Avenue Okeechobee, FL 34974 Print Title: Technology Lease Purchase Agreement 5 EXHIBIT A DESCRIPTION OF PROPERTY TECHNOLOGY LEASE -PURCHASE AGREEMENT No. 4704 (THE "AGREEMENT") BY AND BETWEEN Lessor, Government Capital Corporationand Lessee, City of Okeechobee Dated as of September 19, 2007 LAW ENFORCEMENT SYSTEM Description Integrated Hub (System Core) Spillman software (Unlimited site license for entire agency) Database license Geobase Integrated Hub Master names, vehicles, property, and wants tables File Attachments Agencywide messaging Records.Solution LAW RECORDS. Thorough search capabilities and automatic visual alerts Property and Vehicle Management Case Management Electronic Incident Reports Workflow management Thousands of automated reports TRAFFIC & CITATIONS Accident, citations, and warnings information EVIDENCE MANAGEMENT Evidence history and evidence reporting Evidence record integration EQUIPMENT MAINTENANCE Easy tracking of equiment location, condition, and maintenance Preformatted reports and scheduling capabilities 4D1spatch Solution > t' COMPUTERAIDED DISPATCH Calltaker screens and dispatchspecific screens Realtime call updates, alerts, and unit responses Oncall scheduling Recommended units, wrecker rotation, audible/visual alerts, address histories Customized screens E911 INTERFACE Automatic field entry to CAD screens Automatic transmission and mapping (when implemented) of ALI data Automated location information and visual location (when implemented) of calls Technology Lease Purchase Agreement 6 Description Installation and Implementation Management On site project management On site preimplementation meeting On site server connection to existing network On site interface installation and testing Onsite training'and assistance Total training hours onsite for endusers Est Classes " Administrative assistance and system configuration assistance 19 Enduser training (up to 16 participants per class) CLASS DESCRIPTIONS Hub (Intro to Spillman Software) Classes Intro to Spillman Software (Searching and Data Entry) 1 Computer Aided Dispatch Computer Aided Dispatch Racial Profiling 1 Hub for Dispatchers 1 Geobase setup assistance 1 Law Records Management Law enforcement incident management Law enforcement case management 2 Criminal history records 2 Evidence management 2 Equipment maintenance 1 Law enforcement field interviews 1 Wanted Persons 2 Law enforcement (intelligence) 2 Traffic Information 2 1 Description All Necessary Hardware - IBM MODEL 520 SERVER Processors 2 x 1.65 GHz - Hard Drive 4 x 72 GB RAM 4 GB OS AIX 5.2 - Tape Drive (External on all systems) VXA Data Tapes - 20 Cleaning Tapes 10 UPS SUA1000RM2U - PowerChute SW Yes Monitor - Rackmounted flatscreen, 15" Country Kit Yes - DVDROM Yes Support 1 Yr Graphics Card - GXT 135P ETHERLITE TWO PORT SERIAL CONNECTOR - NETWORK SUPPORT MODEM Description Eighth :Year Maintenance Modules/Interfaces to be supported for 7 years Hub RMS E911 Interface PROPERTY LOCATION: Police Department 50 Southwest 2nd Avenue Okeechobee, FL 34974 Technology Lease Purchase Agreement EXHIBIT B >> SCHEDULE OF PAYMENTS & EARLY REDEMPTION VALUE << TECHNOLOGY LEASE -PURCHASE AGREEMENT No. 4704 (THE "AGREEMENT') BY AND BETWEEN Lessor, Government Capital Corporation and Lessee, City of Okeechobee, Dated as of September 19, 2007 PMT PMT DATE TOTAL INTEREST PRINCIPAL NO. MO DAY YR PAYMENT PAID PAID 1 01/15/08 $44,385.60 $3,757.74 $40,627.86 2 01/15/09 $44,385.60 $9,073.75 $35,311.85 3 01/15/10 $44,385.60 $6,996.00 $37,389.60 4 01/15/11 $44,385.60 $4,795.98 $39,589.62 5 Grand Totals 01/15/12 $44,385.60 $2,466.53 $41,919.07 $221,928.00 $27,090.00 $194,838.00 Accepted By Lessee: Brian Whitehall, City Administrator EARLY REDEMPTION VALUE $159,607.75 $122,244.89 $83,238.07 $42,514.95 $0.00 Technology Lease Purchase Agreement 8 INCUMBENCY, INSURANCE, AND ESSENTIAL USE CERTIFICATES TECHNOLOGY LEASE -PURCHASE AGREEMENT No. 4704 (THE "AGREEMENT') BY AND BETWEEN Lessor, Government Capital Corporation and Lessee, City of Okeechobee Dated as of September 19, 2007 I, Lane Gamiotea (NAME), do hereby certify that I am the duly elected or appointed and acting City Clerk (Keeper of the Records) (TITLE), of City of Okeechobee, a political subdivision or agency duly organized and existing under the laws of the State of Florida, that I have custody of the records of such entity, and that, as of the date hereof, the individual(s) named below are the duly elected or appointed officer(s) of such entity holding the office(s) set forth opposite certify that (i) the signature(s) set opposite their respective name(s) and titles) are theirr truetheir and auth ntic sig ature(s)I and (e) such officers have the authority on behalf of such entity to enter into that certain Technology Lease -Purchase Agreement dated as of September 19, 2007, between such entity and Government Capital Corporation. Name Title Signature Brian Whitehall City Administrator IN WITNESS WHEREOF, I have duly executed this certificate and affixed the seal of such entity hereto this day of 2007. BY: Lane Gamiotea, City Clerk Lessee certifies that property and liability insurance, if applicable, have been secured in accordance with the Agreement and such coverage will be maintained in full force for the term of the Agreement. "Lessor or its Assigns" should be designated as loss payee until Lessee is notified, in writing, to substitute a new loss payee. The following information is provided about INSURANCE COMPANY/AGENTS NAME: insurance: INSURANCE COMPANY ADDRESS: PHONE NUMBER: POLICY NUMBER: I, Brian Whitehall, City Administrator, of City of Okeechobee("Lessee"), hereby certify that the Equipment to be leased to the undersigned under the certain Lease Agreement, dated as of September 19, 2007, between such entity and Government Capital Corporation ("Lessor"), will be used by the undersigned Lessee for the following Duroose: fat FACC CTi . BELOW) PRIMARY USE: The undersigned hereby represents that the use of the Equipment is essential to its proper, efficient and economic operation. IN WITNESS WHEREOF, I have set my hand this day of , 2007. By Lessee: Brian Whitehall, City Administrator For Lessee: City of Okeechobee Technology Lease Purchase Agreement 9 CERTIFICATE OF ACCEPTANCE TECHNOLOGY LEASE -PURCHASE AGREEMENT No. 4704 (THE "AGREEMENT") BY AND BETWEEN Lessor, Government Capital Corporationand Lessee, City of Okeechobee Dated as of September 19, 2007 I. ACCEPTANCE: In accordance with the Agreement, Lessee hereby certifies that all of the Technology Assets described herein (i) has been received by Lessee, (ii) has been thoroughly examined and inspected to the complete satisfaction of Lessee III had been u found by Lessee to be in good operating order, repair and condition, (iv) has been found to be of the size, design, l ) manufacture specified by Lessee, (v) has been found to be and is wholly suitable for Lessee's purposes, and(vi) �isyhereand by unconditionally accepted by Lessee, in the condition received, for all purposes of this Agreement. By Lessee: Brian Whitehall, City Administrator For Lessee: City of Okeechobee ACCEPTED on this the _ day of NO SIGNATURE REQUIRED 2007. (*) ACCEPTANCE MUST BE SIGNED ONLY IF NO ESCROW AGREEMENT IS INCLUDED 2. PROPERTY: Law Enforcement System, SEE ATTACHED EXHIBIT A. 3. USE: The primary use of the Technology Assets is as follows: (PLEASE FILL OUT PRIMARY USE BELOW) PRIMARY USE: 4. PROPERTY LOCATION: Police Department 50 Southeast 2nd Avenue Okeechobee, Florida 34974 5. INVOICING: Invoices shall be sent to the following address, including to whose attention invoices should be directed: City of Okeechobee Attention: India Riedel 55 Southwest 3rd Avenue Okeechobee, FL 34974 6. INSURANCE: Lessee certifies that property and liability insurance have been secured in accordance with the Agreement and such coverage will be maintained in force for the term of the Agreement. Lessor will be designated as loss payee until Lessee is notified, in writing, to substitute a new loss payee. Company Insured Election to self -insure (in accordance with Section 10 of the Agreement). 7. MAINTENANCE: In accordance with Section 6 of the Agreement, Lessee agrees to, at its own expense, service, repair and maintain the Technology Assets for the term of the Agreement as follows: Maintenance Contract Election to self -maintain Technology Lease Purchase Agreement 10 RESOLUTION # A RESOLUTION REGARDING A LEASE PURCHASE AGREEMENT FOR THE PURPOSE OF PROCURING "LAW ENFORCEMENT SYSTEM': WHEREAS, City of Okeechobee desires to enter into that certain Lease -Purchase Agreement Number 4704, by and between Government Capital Corporation and City of Okeechobee, for the purpose of procuring "Law Enforcement System': The City desires to designate this Agreement as a "qualified tax exempt obligation" of the City for the purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended. City of Okeechobee desires to designate Brian Whitehall, City Administrator, as an authorized signer of the Agreement. NOW THEREFORE, BE IT RESOLVED BY CITY OF OKEECHOBEE: Section 1. That the City enters into a Lease Purchase Agreement with Government Capital Corporation for the purpose of procuring "Law Enforcement System Section 2. That the Lease Purchase Agreement Number 4704, by and between the City and Government Capital Corporation is designated by the City as a "qualified tax exempt obligation" for the purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended. Section 3. That the City of Okeechobee designates Brian Whitehall, City Administrator, as an authorized signer of the Lease Purchase Agreement Number 4704, by and between the City of Okeechobee and Government Capital Corporation. PASSED AND APPROVED by the City of Okeechobee in a meeting held on the _day of , 2007. Lessee: City of Okeechobee Witness Signature James E. Kirk, Mayor Lane Gamiotea, City Clerk Technology Lease Purchase Agreement 12 ESCROW AGREEMENT TECHNOLOGY LEASE -PURCHASE AGREEMENT No. 4704 (THE "AGREEMENT') BY AND BETWEEN Lessor, Government Capital Corporation and Lessee, City of Okeechobee TAX ID #59-6000393 Dated as of September 19, 2007 THIS ESCROW AGREEMENT (the "Agreement") is made and entered into as of September 19, 2007, ("Agreement Date") by and among Government Capital Corporation ("Lessor"), City of Okeechobee ("Lessee") and , ("Agent"). WITNESSETH: WHEREAS, Lessor and Lessee have entered into a certain Technology Lease -Purchase Agreement dated as of September 19, 2007, (the "Lease") pursuant to which the property more particularly described therein (the "Equipment') will be leased to the Lessee under the terms stated in the Lease; WHEREAS, Lessor and Lessee desire to make funding arrangements for the acquisition of the Equipment, and Agent agrees to serve as escrow agent for such funding and acquisition; NOW THEREFORE, in consideration of the mutual agreements and covenant herein contained and for other valuable consideration, the parties hereby agree as follows: 1. Agent shall undertake the duties and obligations of escrow agent as set forth in this Agreement. Agent shall not be deemed to be a party to the Lease. 2. Lessor has delivered to Agent the sum of $194,838.00 ("Escrow Amount') for deposit by Agent in the City of Okeechobee Escrow Account (the "Fund"). The Fund will be administered by Agent pursuant to the terms of this Agreement. 3. Deposits in the Fund shall be used to pay for the acquisition of the Equipment. The Equipment may be acquired as individual items or as groups of items. Agent shall make disbursements from the Fund in payment for the acquisition of each item or group of items of the Equipment promptly upon receipt of a properly executed Payment Request Form, in the form attached hereto as Exhibit "A", for that portion of the acquisition of the Equipment for which payment is requested. Upon full acquisition of an item or group of items of the Equipment, any remaining cost of such item or group of items shall be disbursed promptly by the Agent upon receipt of a properly executed Acceptance Certificate and a corresponding Payment Request Form in the form attached hereto as Exhibit "A", for that portion of the Equipment for which payment is requested. Payment by Agent shall be to the payee shown on the Payment Request Form. 4. Agent will invest the Fund, as specified by Lessor, in general obligations of the United States or in obligations fully insured by the United States or in certificates of deposit of a bank which is either fully insured by an agency of the federal government or fully collateralized by such federal or federally guaranteed obligations , or in no-load money market mutual funds registered with and regulated by the Securities and Exchange Commission that includes in their investment objectives the maintenance of a stable net asset value of $1 for each share. Agent will retain in the Fund all earnings from investment of the Fund until termination of the Fund pursuant to Section 5 hereof. 5. Upon execution of one or more Certificates of Acceptance by Lessee and payment of acquisition costs by Agent for all the Equipment, this Agreement and the Funds shall terminate, and Agent shall transfer to Lessor all remaining sums in the Fund. If not terminated earlier, this Agreement and the Fund shall terminate on March 19, 2008 ("Termination Date"). In this latter event, interest accrued pursuant to investment of the Fund under the terms of Section 4 hereof and all remaining principal in the Fund shall be transferred by Agent to Lessor; Exhibit "A" attached to the Lease shall thereupon be revised to delete any nonacquired portions of the Equipment and to substitute an amended amortization payment schedule to reflect the reduced acquisition costs. 6. Lessor and Lessee may by written agreement between themselves remove the Agent, at any time and for any reason, and appoint a successor escrow agent. Such removal shall not be effective until thirty (30) days after written notice thereof if provided to Agent. 7. Agent may at any time and for any reason resign as escrow agent by giving written notice to Lessor and Lessee of its intention to resign and of the proposed date of resignation, which date shall be not less than thirty (30) days after giving Lessee and Lessor written notice of intent to resign, nor less than thirty (30) days after being appointed by Lessor and Lessee. 8. Agent shall have no obligation under the terms of this Agreement to make any disbursement except from the Fund. Agent makes no warranties or representations as to the Equipment or as to performance of the obligations of Lessor or Lessee under this Agreement or the Lease. 9. This Agreement may be amended by written agreement executed by all the parties. 10. This Agreement may be executed in several counterparts, each of which shall be an original. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. LESSOR: Government Capital Corporation BY: Authorized Signer LESSEE: City of Okeechobee AGENT: BY: Brian Whitehall, City Administrator BY: Agent Rep, Agent Rep Title Technology Lease Purchase Agreement 13 ESCROW AGREEMENT TECHNOLOGY LEASE -PURCHASE AGREEMENT No.4704(THE "AGREEMENT') BY AND BETWEEN Lessor, Government Capital Corporation and Lessee, City of Okeechobee TAX ID #59-6000393 Dated as of September 19, 2007 THIS ESCROW AGREEMENT (the "Agreement") is made and entered into as of September 19, 2007, ("Agreement Date") by and among Government Capital Corporation ("Lessor"), City of Okeechobee ("Lessee") and , ("Agent'). WITNESSETH: WHEREAS, Lessor and Lessee have entered into a certain Technology Lease -Purchase Agreement dated as of September 19, 2007, (the "Lease") pursuant to which the property more particularly described therein (the "Equipment') will be leased to the Lessee under the terms stated in the Lease; WHEREAS, Lessor and Lessee desire to make funding arrangements for the acquisition of the Equipment, and Agent agrees to serve as escrow agent for such funding and acquisition; NOW THEREFORE, in consideration of the mutual agreements and covenant herein contained and for other valuable consideration, the parties hereby agree as follows: 1. Agent shall undertake the duties and obligations of escrow agent as set forth in this Agreement. Agent shall not be deemed to be a party to the Lease. 2. Lessor has delivered to Agent the sum of $194,838.00 ("Escrow Amount') for deposit by Agent in the City of Okeechobee Escrow Account (the "Fund"). The Fund will be administered by Agent pursuant to the terms of this Agreement. 3. Deposits in the Fund shall be used to pay for the acquisition of the Equipment. The Equipment may be acquired as individual items or as groups of items. Agent shall make disbursements from the Fund in payment for the acquisition of each item or group of items of the Equipment promptly upon receipt of a properly executed Payment Request Form, in the form attached hereto as Exhibit "A", for that portion of the acquisition of the Equipment for which payment is requested. Upon full acquisition of an item or group of items of the Equipment, any remaining cost of such item or group of items shall be disbursed promptly by the Agent upon receipt of a properly executed Acceptance Certificate and a corresponding Payment Request Form in the form attached hereto as Exhibit "A", for that portion of the Equipment for which payment is requested. Payment by Agent shall be to the payee shown on the Payment Request Form. 4. Agent will invest the Fund, as specified by Lessor, in general obligations of the United States or in obligations fully insured by the United States or in certificates of deposit of a bank which is either fully insured by an agency of the federal government or fully collateralized by such federal or federally guaranteed obligations , or in no-load money market mutual funds registered with and regulated by the Securities and Exchange Commission that includes in their investment objectives the maintenance of a stable net asset value of $1 for each share. Agent will retain in the Fund all earnings from investment of the Fund until termination of the Fund pursuant to Section 5 hereof. S. Upon execution of one or more Certificates of Acceptance by Lessee and payment of acquisition costs by Agent for all the Equipment, this Agreement and the Funds shall terminate, and Agent shall transfer to Lessor all remaining sums in the Fund. If not terminated earlier, this Agreement and the Fund shall terminate on March 19, 2008 ("Termination Date"). In this latter event, interest accrued pursuant to investment of the Fund under the terms of Section 4 hereof and all remaining principal in the Fund shall be transferred by Agent to Lessor; Exhibit "A" attached to the Lease shall thereupon be revised to delete any nonacquired portions of the Equipment and to substitute an amended amortization payment schedule to reflect the reduced acquisition costs. 6. Lessor and Lessee may by written agreement between themselves remove the Agent, at any time and for any reason, and appoint a successor escrow agent. Such removal shall not be effective until thirty (30) days after written notice thereof if provided to Agent. 7. Agent may at any time and for any reason resign as escrow agent by giving written notice to Lessor and Lessee of its intention to resign and of the proposed date of resignation, which date shall be not less than thirty (30) days after giving Lessee and Lessor written notice of intent to resign, nor less than thirty (30) days after being appointed by Lessor and Lessee. 8. Agent shall have no obligation under the terms of this Agreement to make any disbursement except from the Fund. Agent makes no warranties or representations as to the Equipment or as to performance of the obligations of Lessor or Lessee under this Agreement or the Lease. 9. This Agreement may be amended by written agreement executed by all the parties. 10. This Agreement may be executed in several counterparts, each of which shall be an original. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. LESSOR: Government Capital Corporation BY: Authorized Signer LESSEE: City of Okeechobee AGENT: BY: Brian Whitehall, City Administrator BY: Agent Rep, Agent Rep Title Technology Lease Purchase Agreement 14 ESCROW AGREEMENT TECHNOLOGY LEASE -PURCHASE AGREEMENT No.4704 (THE "AGREEMENT') BY AND BETWEEN Lessor, Government Capital Corporation and Lessee, City of Okeechobee TAX ID #59-6000393 Dated as of September 19, 2007 THIS ESCROW AGREEMENT (the "Agreement") is made and entered into as of September 19, 2007, ("Agreement Date") by and among Government Capital Corporation ("Lessor"), City of Okeechobee ("Lessee") and , ("Agent"). WITNESSETH: WHEREAS, Lessor and Lessee have entered into a certain Technology Lease -Purchase Agreement dated as of September 19, 2007, (the "Lease") pursuant to which the property more particularly described therein (the "Equipment') will be leased to the Lessee under the terms stated in the Lease; WHEREAS, Lessor and Lessee desire to make funding arrangements for the acquisition of the Equipment, and Agent agrees to serve as escrow agent for such funding and acquisition; NOW THEREFORE, in consideration of the mutual agreements and covenant herein contained and for other valuable consideration, the parties hereby agree as follows: 1. Agent shall undertake the duties and obligations of escrow agent as set forth in this Agreement. Agent shall not be deemed to be a party to the Lease. 2. Lessor has delivered to Agent the sum of $194,838.00 ("Escrow Amount') for deposit by Agent in the City of Okeechobee Escrow Account (the "Fund"). The Fund will be administered by Agent pursuant to the terms of this Agreement. 3. Deposits in the Fund shall be used to pay for the acquisition of the Equipment. The Equipment may be acquired as individual items or as groups of items. Agent shall make disbursements from the Fund in payment for the acquisition of each item or group of items of the Equipment promptly upon receipt of a properly executed Payment Request Form, in the form attached hereto as Exhibit "A", for that portion of the acquisition of the Equipment for which payment is requested. Upon full acquisition of an item or group of items of the Equipment, any remaining cost of such item or group of items shall be disbursed promptly by the Agent upon receipt of a properly executed Acceptance Certificate and a corresponding Payment Request Form in the form attached hereto as Exhibit "A", for that portion of the Equipment for which payment is requested. Payment by Agent shall be to the payee shown on the Payment Request Form. 4. Agent will invest the Fund, as specified by Lessor, in general obligations of the United States or in obligations fully insured by the United States or in certificates of deposit of a bank which is either fully insured by an agency of the federal government or fully collateralized by such federal or federally guaranteed obligations , or in no-load money market mutual funds registered with and regulated by the Securities and Exchange Commission that includes in their investment objectives the maintenance of a stable net asset value of $1 for each share. Agent will retain in the Fund all earnings from investment of the Fund until termination of the Fund pursuant to Section 5 hereof. 5. Upon execution of one or more Certificates of Acceptance by Lessee and payment of acquisition costs by Agent for all the Equipment, this Agreement and the Funds shall terminate, and Agent shall transfer to Lessor all remaining sums in the Fund. If not terminated earlier, this Agreement and the Fund shall terminate on March 19, 2008 ("Termination Date"). In this latter event, interest accrued pursuant to investment of the Fund under the terms of Section 4 hereof and all remaining principal in the Fund shall be transferred by Agent to Lessor; Exhibit "A" attached to the Lease shall thereupon be revised to delete any nonacquired portions of the Equipment and to substitute an amended amortization payment schedule to reflect the reduced acquisition costs. 6. Lessor and Lessee may by written agreement between themselves remove the Agent, at any time and for any reason, and appoint a successor escrow agent. Such removal shall not be effective until thirty (30) days after written notice thereof if provided to Agent. 7. Agent may at any time and for any reason resign as escrow agent by giving written notice to Lessor and Lessee of its intention to resign and of the proposed date of resignation, which date shall be not less than thirty (30) days after giving Lessee and Lessor written notice of intent to resign, nor less than thirty (30) days after being appointed by Lessor and Lessee. 8. Agent shall have no obligation under the terms of this Agreement to make any disbursement except from the Fund. Agent makes no warranties or representations as to the Equipment or as to performance of the obligations of Lessor or Lessee under this Agreement or the Lease. 9. This Agreement may be amended by written agreement executed by all the parties. 10. This Agreement may be executed in several counterparts, each of which shall be an original. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. LESSOR: Government Capital Corporation BY: Authorized Signer LESSEE: City of Okeechobee BY: Brian Whitehall, City Administrator AGENT: BY: Agent Rep, Agent Rep Title Form 8038-G Information Return for Tax -Exempt Governmental Obligations ► Under Internal Revenue Code section 149(e) OMB No. 1545-0720 (Rev. November 2000) ► See separate Instructions. Department or the Treasury Internal Revenue Service Caution: If the issue price is under $100,000, use Form 8038-GC. MUM Renortino Authoritv If Amended Return, check here ► ❑ 1 Issuer's name 2 Issuer's employer identification number City of Okeechobee 59 : 6000393 3 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 4 Report number 55 Southeast 3rd Avenue 3 -01 5 City, town, or post office, state, and ZIP code 6 Date of issue Okeechobee, FL 34974 7 Name of issue 8 CUSIP number Municipal Lease Purchase Agreement #4704 NA 9 Name and title of officer or legal representative whom the IRS may call for more information 10 Telephone number of officer or legal representative Brian Whitehall, City Administrator ( 863 ) 763-3372 Type of Issue (check applicable box(es) and enter the issue rice) See instructions and attach schedule 11 ❑ Education . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12 ❑ Health and hospital . . . . . . . . . . . . . . . . . . . . . . . 12 13 ❑ Transportation . . . . . . . . . . . . . . . . . . . . . . . . . 13 14 Public safety . . . . . . . . . . . . . . . . . . . . . . . . . . 14 $194,838.00 15 ❑ Environment (including sewage bonds) . 15 16 ❑ Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 17 ❑ Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 18 ❑ Other. Describe ► 18 19 If obligations are TANS or RANs, check box ► ❑ If obligations are BANS, check box ► ❑ 20 If obligations are in the form of a lease or installment sale, check box ► 12. TM Description of Obligations. Complete for the entire issue for which this form is beinq filed. (a) Final maturity date (b) Issue price (c) Stated redemption M Weighted (e) Yield price at maturity average maturity 21 01-15-12 $ $194,838.00 $ NA 5 years 5.884 % 12. TIVY Uses of Proceeds of Bond Issue (including underwriters' discount) 22 Proceeds used for accrued interest . . . . . . . . . . . . . . . . . . . 22 NA 23 Issue price of entire issue (enter amount from line 21, column (b)) . . . . . . , 23 NA 24 Proceeds used for bond issuance costs (including underwriters' discount) 24 NA 25 Proceeds used for credit enhancement . . . . . . . . . . . . 25 NA 26 Proceeds allocated to reasonably required reserve or replacement fund 26 F A 27 Proceeds used to currently refund prior issues . . . . . . . . . 27 A 28 Proceeds used to advance refund prior issues . . . . . . . . , 28 A29 Total (add lines 24 through 28) . . . . . . . . . . . . . . . . . . . . 29 NA 30 Nonrefundin roceeds of the issue (subtract line 29 from line 23 and enter amount here30 NA Description of Refunded Bonds (Complete this part only for refunding bonds.) 31 Enter the remaining weighted average maturity of the bonds to be currently refunded . . . ► NA years 32 Enter the remaining weighted average maturity of the bonds to be advance refunded . . , ► NA years 33 Enter the last date on which the refunded bonds will be called . . . . . . . . . . . ► NA 34 Enter the date(s) the refunded bonds were issued ► NA Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) 35 NA 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see instructions) 36a NA b Enter the final maturity date of the guaranteed investment contract No. NA 37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a NA b If this issue is a loan made from the proceeds of another tax-exempt issue, check box ► ❑ and enter the name of the issuer ► and the date of the issue ► 38 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check box . . . No. 39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . . . . . . . . . . . . ► ❑ 40 If the issuer has identified a hedge, check box . . . . . . . ► El. . . . . . . . . . . . . . . . Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. Sign Here X Brian Whitehall, City Administrator ' Signature of issuer's authorized representative Date ' Type or print name and title For Paperwork Reduction Act Notice, see page 2 of the Instructions. Cat. No. 63773S Form 8038-G (Rev. 11-2000) ExHlalT 6 NovEm=R 6, 2007 °1915 MEMORANDUM TO: Mayor and Council Members FROM: Lane Gamiotea, City Clerk SUBJECT: Annual Bid for Mapping Services DATE: October 31, 2007 According to the Code Book, Sec. 2-288. Department heads may recommend purchase of a specific brand if they feel, through experience or analysis, that only that brand will serve the best interest of the City. Factors which might warrant sore -source purchasing could involve compatibility with existing equipment, maintaining operational standards, or lesser service requirements which reduce down -time and maintenance costs. When making such recommendation, the department head shall submit written justification and recommendation to the City Council for approval. As you may know, several years ago we teamed up with the Property Appraiser's Office to keep the City's maps updated. This created a great working relationship, and allowed our office access to information we ordinarily would not have. Due to the work load and changes in technology, the Property Appraiser's Office hired a mapping consultant a few years ago, Mr. Steve Williams. He owns Global Mapping and works for several property appraiser's in Central and South Florida. Mr. Williams gradually became the only person who updated the City's maps instead of the Property Appraiser's Office Staff. In an effort to cut down on the amount of paper work to process payments, the City began accepting the invoices directly from Mr. Williams rather than it being submitted to the Property Appraiser's Office, where it was then billed to the City, then paid to the Property Appraiser's Office and finally paid to Mr. Williams. Mr. Williams is still a mapping consultant for the Property Appraiser, and we continue to share the same updated information, which in turns keeps the City's costs down. Since there is no other mapping company that works for the Property Appraiser's Office conducting this type of work, I recommend that this be considered a sole -source purchase based on maintaining operational standards and serves as the best working relationship with the Property Appraiser's Office. Please consider waiving the formal bidding procedures and award the annual bid to Global Mapping in the amount of $8,300.00. Thank you for your time and attention to this matter and please do not hesitate to contact me with any questions you may have. EAWIBIT 7 1 orEMBER B, 2007 STATE FINANCIAL ASSISTANCE AGREEMENT CITY OF OKEECHOBEE DEP AGREEMENT NO. LP6847 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO LINE ITEM 1859 OF THE 2007 - 2008 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, MS 3505, Tallahassee, Florida 32399-2400 (hereinafter referred to as the "Department") and the CITY OF OKEECHOBEE, whose address is 55 SE Third Avenue, Okeechobee, Florida 34974 (hereinafter referred to as "Grantee" or "Recipient"), a local government under the laws of the State of Florida, to provide funds for the Okeechobee Commerce Center Water Retention Installation project. In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee", "Recipient" and "Contractor" are used interchangeably. 2. This Agreement shall begin upon execution by both parties and end no later than November 30, 2008, inclusive. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $150,000 toward the total project cost estimate of $150,000. Written approval from the Department's Grant Manager shall be required for .changes between budget categories up to 10% of the total budget. The DEP Grant Manager will transmit a copy of the written approval and revised budget to the DEP Contracts Disbursements Office for inclusion in the Agreement file. Changes greater than 10% will require a formal amendment to the Agreement. If the Grantee finds, after receipt of competitive bids, that the work described in Attachment A cannot be accomplished for the current estimated project cost, the parties hereto agree to modify the Project Work Plan described in Attachment A to provide for the work that can be accomplished for the funding identified above. B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Disbursement Request Package (provided as Attachment B). In addition to the Disbursement Request Package, the Grantee must provide from its accounting system, a listing of expenditures charged against this Agreement. The listing shall include, at a minimum, a description of the goods or services purchased, date of the transaction, voucher number, amount paid, and vendor name. All requests for reimbursement of travel expenses shall be in accordance with the travel limits established in Section 112.061, Florida Statutes. The Disbursement Request Package must include: (1) . A completed Disbursement Request Form signed by the Grantee's Grant Manager. Such requests must be accompanied by sufficiently itemized summaries of the materials, labor, or services to identify the nature of the work performed; the cost or charges for such work; and the person providing the service or performing the work. If payment is based on an authorized advance for incurred costs, invoices reflecting such costs must be included. After receipt of advance funds the Grantee shall provide proof of payment to the Department DEP Agreement No. LP6847, Page 1 of 7 within 30 days receipt of advance funds. If payment is based on reimbursement, proof of payment of the invoices is required; and (2) A certification signed by the Grantee's Grant Manager as to the current estimated cost of the Project; that the materials, labor, or services represented by the invoice have been satisfactorily purchased, performed, or received and applied to the project; that all funds received to date have been applied toward completing the Project; and that under the terms and provisions of the contracts, the Grantee is required to make such payments; and (3) A certification by the engineer responsible for overseeing construction stating that equipment, materials, labor and services represented by the construction invoices have been satisfactorily invoiced, purchased, or received, and applied to the Project in accordance with construction contract documents; stating that payment is in accordance with construction contract provisions; stating that construction, up to the point of the requisition, is in compliance with the contract documents; and identifying all additions or deletions to the Project which have altered the Projecfs performance standards, scope, or purpose since the issue of the Department construction permit; and (4) Such other certificates or documents by engineers, attorneys, accountants, contractors, or suppliers as may reasonably be required by the Department. C. In addition to the invoicing requirements contained in paragraph 3.13. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information when requested must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. D. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at bgp://www.fldfs.com/aadir/reference%5Fguide. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 5. Progress Reports (Attachment C) shall be submitted describing the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Progress reports shall be submitted in conjunction with the Disbursement Request Package, described in paragraph 3.B. If advance payment is authorized, the Grantee shall report (and document as required under paragraph 3 above and on Attachment E) the amount of funds expended during the reporting period, the Agreement expenditures to date, interest earned during the quarter and clearly indicate the method for repayment of the interest to the Department (see paragraph 15). It is understood and agreed by the parties that the term "reporting period" reflects the period of time for which the invoices submitted in the Disbursement Request Package are covered. The Department's Grant Manager shall have ten (10) calendar days to review deliverables submitted by the Grantee. 6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 7. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department DEP Agreement No. LP6847, Page 2 of 7 shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 9. A. The Grantee shall comply with the applicable provisions contained in Attachment D (Special Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment D summarizes the funding sources supporting the Agreement for purposed of assisting the Grantee in complying with the requirements of Attachment D. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment, which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grant Manager identified in this Agreement to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment D, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall use the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall use the form entitled "Checklist for Noustate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: bnp://apps.fldfs.com/fsaa The Grantee should confer with its chief financial officer, audit director, or contact the Department for assistance with questions pertaining to the applicability of these requirements. 10. A. The Grantee may subcontract, assign, or transfer any work under this Agreement without the written consent of the Department's Grant Manager. The Grantee shall submit a copy of the subcontract upon the request of the Department's Grant Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities. 11. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. DEP Agreement No. LP6847, Page 3 of 7 12. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 13. The Department's Grant Manager for this Agreement is identified below. Tommy Williams Bureau of Water Facilities Funding Florida Department of Environmental Protection 2600 Blair Stone Road, MS 3505 Tallahassee, Florida 32399-2400 Phone: 850-245-8358 Fax: 850-245-8411 Email: thomas.e.williams@dep.state.fl.us 14. The Grantee's Grant Manager for this Agreement is identified below. Brian Whitehall City of Okeechobee 55 SE Third Avenue Okeechobee, Florida 34974 Phone: 863-763-3372 Fax: 863-763-1686 Email: bwhitehall@cityofokeechobee.com 15. In accordance with Section 216.181(16)(b), Florida Statutes, the Department, upon written request from the Grantee and written approval from the State's Chief Financial Officer, if applicable, may provide an advance to the Grantee. The Grantee must temporarily invest the advanced funds, and return any interest income to the Department, within thirty (30) days of each calendar quarter, or apply said interest income against the Department's obligation to pay, if applicable, under this Agreement. Interest earned must be returned to the Department within the timeframe identified above or invoices must be received within the same timeframe that shows the offset of the interest earned. Unused funds, and interest accrued on any unused portion of advanced funds that has not been remitted to the Department, shall be returned to the Department within sixty (60) days of Agreement completion. The parties hereto acknowledge that the State's Chief Financial Officer may identify additional requirements, which must be met in order for advance payment to be authorized. If the State's Chief Financial Officer imposes additional requirements, the Grantee shall be notified, in writing, by the Department's Grant Manager regarding the additional requirements. Prior to releasing any advanced funds, the Grantee shall be required to provide a written acknowledgement to the Department's Grant Manager of the Grantee's acceptance of the terms imposed by the State's Chief Financial Officer for release of the funds. If advance payment is authorized, the Grantee shall be responsible for submitting the information requested in the Interest Earned Memorandum (Attachment E) and the Advance Payment Justification Form (Attachment F) to the Department's Grant Manager quarterly. This information shall be requested by the Grant Manager and submitted by the Grantee on a quarterly basis in conjunction with the invoice/reporting requirements established in paragraphs 3 and 5. 16. To the extent required by law, the Grantee will be self -insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such DEP Agreement No. LP6847, Page 4 of 7 employees are covered by the protection afforded by the. Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of those employees not otherwise protected. 17. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. 18. The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 19. Upon satisfactory completion of this Agreement, the Grantee may retain ownership of the non -expendable personal property or equipment purchased under this Agreement. However, the Grantee shall complete and sign Attachment G, Property Reporting Form, DEP 55-212, and forward it along with the appropriate .invoice to the Department's Grant Manager. The following terms shall apply: A. The Grantee shall have use of the non -expendable personal property or equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the non -expendable personal property or equipment in good operating condition. C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, Hon -expendable personal property or equipment purchased with state funds and held in his possession for use in a contractual arrangement with the Department. 20• The Department may at any time, by written order designated to be a change order, make any change in the Project Work Plan within the general scope of this Agreement (e.g., specifications, task timeline within current authorized agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order that causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this Agreement. 21. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at 850/487-0915. 22. Land acquisition is not authorized under the terms of this Agreement. 23• This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced DEP Agreement No. LP6847, Page 5 of 7 to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LP6847, Page 6 of 7 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. CITY OF OKEECHOBEE M Mayor Date: STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Deputy Director Division of Water Resource Management Date: Tommy Williams, DEP Grant Manager *For Agreements with governmental boards/conmrissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that to governmental person sign the Agreement on behalf of the board/commission must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Type Letter/ Number Description (include number of pages) Attachment Attachment A _Project Work Plan (3 Pages) Attachment B C Disbursement Request Package (3 Pages) Attachment D Progress Report Form (2 Pages) Attachment E Special Audrt Requirements (5 Pages) Attachment F Advance Payment Interest Earned Memorandum (1 Page) Attachment G Advance Payment Justification Form 13 Pages) —Property Reporting Form (1 Page) DEP Agreement No. i.P6847, Page 7 of 7 ATTACHMENT A PROJECT WORK PLAN I. GRANTEE/PROJECT INFORMATION: Grantee: CITY OF OKEECHOBEE Project Title: OKEECHOBEE COMMERCE CENTER WATER RETENTION INSTALLATION DEP Grant #: LP6847 II. FUNDING PLAN: Category of Expen Professional Services Administration & Bid Construction &Demolition Lake Excavation, Berm &Sod Land Equipment — City's Control Structures Other (Specify) — City's Labor Total FY 05/06 PROJECT DEP Funds 5,600 102,700 n/a BUDGET Total Matching Funds Total III. SCOPE OF WORK: (e.g., specifications, task timeline within current authorized Agreement period, method or manner of performance, requirements, quarterly cash needs, etc.) The City of Okeechobee is continuing to comply with wetland retention compliance issues and provide for water filtration and clean-up prior to entry into State waters. In order to add new business prospects and create jobs while protecting the waters of Taylor Creek and Lake Okeechobee, the City is providing wetland retention on the north side of the Okeechobee Commerce Center by: • Completing the construction of Lake No. 1 as part of the SFWMD Storm Water Master Drainage Permit for the City of Okeechobee Commerce Center. Site survey and construction drawing of the Lake to be completed by the City of Okeechobee Engineering Office. • The City will be doing this project in-house utilizing City personnel, and equipment. IV. PROJECT MILESTONES: (i.e., timelines, contracts, if funded in prior years(s) where is the project now) - If the scope of work includes construction: Estimated Construction start date: November 2007 Estimated scope of work completion date: Nl;y,!i 2008 If the scope is only for pre -construction work: Estimated scope of work completion date: C:\Documents and Settings\Williams_TE\Local Settings\Temporary Internet Files\OLK67\CITY OF OKEECHOBEE - FDEP 6847 WORKPLAN-ATTACHMENT A.doc V. LOCAL MATCH & OTHER GRANT FUNDS: N/A List the sources and amounts for all funds being used to fund this project. Budget Summary BUDGET CATEGORY Professional Services Equipment — City's Control Structure plies and Other Expenses Contractual Services Construction Other -- Labor Indirect Costs Total: ALLOTMENT Professional Services Salary and Benefit Description $1 $4,500 $3,600 $25,000 $5,600 $ $102,700 $8,600 $ Em to ee Name Position Annual Benefit Total Annual Brian Whitehall Cit Administrator $ Sala 72,811 Cost Cost Oscar Bermudez En ineer 1.58 $115,041.38 Donnie Robertson Director of Public Works $ $ 53,634 ,90 1.58 $14,741.72 . , India Riedel Finance Acct Su ervisor $ 1.58 $ 84 Cleveland Lamb Maintenance Foreman $ 34,359 1.58 $ Marvin Roberts Laborer/O erator $ 42,334 30,157 1.58 $ 66,87.72 ,887.72 =10 d Sel h Laborer/Operator erator $ 1.58 06 $ 4 .,82525.30 Rick Amiet Laborer/0 erator $ 31,535 1.58 $ 49 lint Gould Laborer/O erator $ 29,272 1.58 $ 46,4. 76 3rian Padget Laborer/O erator $ 29,711 30,157 1.58 $ 46,943.38 k1fred Fisher Mechanic 1.58 $ 47,648.06 $ 40,394 1.58 $ 63,822.52 C:\Documents and Settings\Williams_TE\Local Settings\Temporary Internet Files\OLK67\CITY OF OKEECHOBEE - FDEP 6847 WORKPLAN-ATTACHMENT A.doc EQUIPMENT DESCRIPTION SUPPLIES & OTHER EXPENSES ies and Other Expenses �acu $ 4,960 ratiDa Supplies $ 640 otal Su plies & Other Ex enses $ 5,600 C.\Doeuments and Settings\Williams_TE\Local Settings\Temporary Intemet Files\OLK67\CITY OF OKEECHOBEE - FDEP 6847 WORKPLAN-ATTACHMENT A.doc ATTACHMENT B Disbursement Request Package Legislative Projects (LP) Grants I . Grantee/Recipient CITY OF OKEECHOBEE 2. Project Number LP6847 Date of Request 3. Disbursement Request Number Required Match 4. Type of Request: Partial ❑ ❑ Final 5. Federal Employer Identification Number 6. Mail ❑ EFT ❑ Send Remittance to: Disbursement Details (cumulative amounts rounded to the nearest dollar) I. Professional Services (attach invoices) 2. Construction and Demolition (attach invoices) 3. Equipment (attach invoices) 4. Land (attach invoices) 5. Other (list - must be specified in agreement) 6. Total cumulative to date 7. Disbursements previously requested 8. Amount requested for disbursement (line 6 minus line 7) $ Requests for Invoices already Paid: 1 Copy of Invoice Requests for Invoices not yet Paid: 2) Proof of Payment 1) Copy of Invoice 2) Advance Payment Justification (one per quarter) 3) Advance Payment — Interest Earned (after initial advance) *If prior Disbursement Request was requested by invoices without proof of payment documentation, proof of the prior payment will be required before this request can be disbursed. ** SUBMIT ONE ORIGINAL COPY OF THIS FORM AND SUPPORTING DOCUMENTATION TO: ** Florida Department of Environmental Protection Bureau of Water Facilities Funding MS 3505 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP Agreement No. LP6847, Attachment B, Page I of 3 Grant Manager's Certification of Disbursement Request I, (name of Grantee's Grant Manager designated in the Agreement) on behalf of do hereby certify that: (name of Grantee/Recipient) 1. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described in the Agreement. 2. Materials, labor, equipment, and/or services representing costs included in the amount requested have been satisfactorily purchased, performed or received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation which are filed in the Grantee's permanent records. 3. The Grantee is required to pay such costs under the terms and provisions of contracts relating directly to the project, and the Grantee is not in default of any terms or provisions of the contracts. 4. All funds received to date have been applied toward completing the project. 5. All permits and approvals required for the construction which is underway have been obtained. ( Signature of Grant Manager) (Date) DEP Agreement No. LP68471 Attachment B, Page 2 of 3 Engineer's Certification of Disbursement Request I, (name of Professional Engineer) being the Professional Engineer retained by (name of Grantee/Recipient) am responsible for overseeing construction of the project described in the Agreement and do hereby certify that: l . Equipment, materials, labor, and services represented by the construction invoices have been y purchased satisfactoril or received and applied to the project in accordance with construction contract documents filed with and previously approved by the Department of Environmental Protection; 2. Payment is in accordance with construction contract provisions; 3. Adequate construction supervision is being provided to assure compliance with construction requirements and Florida Administrative Code Chapter 62-600 or Chapter 62-604, as appropriate; 4. Construction up to the point of this disbursement is in compliance with the contract documents; 5. All changes, additions, or deletions to the construction contract(s) have been documented by change order and all change orders have been submitted to the Department; and 6. All additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose (since issue of the pertinent Department permit) have been identified in writing to the Department or are identified and attached hereto. (Date) Signature of Professional Engineer Firm or Affiliation (P.E. Number) DEP Agreement No. LP6847, Attachment B, Page 3 of 3 ATTACHMENT C PROGRESS REPORT FORM DEP A reeinent No.: LP6847 Grantee Name: CITY OF OKEECHOBEE Grantee Address: Grantee's Grant Manager: Telephone No.: uarterly Reporting Period: Project Number and Title: Provide a summary of project accomplishments to date. (Include a comparison of actual accomplishments to the objectives established for the period. If goals were not met, provide reasons why.) Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Provide any additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. DEP Agreement No. LP6847, Attachment C, Page 1 of 2 (continued from page 1) Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g., report data sets, links to on-line photographs, etc.) Provide a project Budget Category budget update, comparing Total Project Budget the project budget to actual costs to date. Expenditures Prior to this Expenditures Reporting this Reporting Project Funding Period Period Balance This report is submitted in accordance with the reporting requirements of DEP Agreement No. LP6847 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Grant Manager Date DEP Agreement No. LP6847, Attachment C, Page 2 of 2 ATTACHMENT D SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph L, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46.245.173/efda/cfda.html. PART IL STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit DEP Agreement No. LP6847, Attachment D, Page 1 of 5 organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in State financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://gpt)s.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfin, State of Florida's website at http://www.myfiorida.com/, Department of Financial Services' Website at hqp://www.fldfs.com/ and the Auditor General's Website at hqp://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 DEP Agreement No. LP6847, Attachment D, Page 2 of 5 C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Copies of financial reporting packages required by PART H of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. DEP Agreement No. LP6847, Attachment D, Page 3 of 5 PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LP6847, Attachment D, Page 4 of 5 EXHIBIT —1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Funds Awarded to the Recipient Pursuant to this A reement Consist of the Following: Federal Program Number Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category State Funds Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Funds for Federal Programs: Federal Program Number Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category State Funds Awarded to the Recipient Pursuant to this Agreement Consist of the Following Funds Subject of Section 215.97, F.S.: State Program Number Funding Source State Fiscal Year Catalog of State Financial Assistance Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Agreement LI 1859 —Ecosystem Management & Restoration TF 2007-2008 37.039 Statewide Surface Water Restoration and Wastewater Projects $150,000 140047-08 Total Award 1 $150,000 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http://12.46.245.173/cfda/cfda.htmll and/or the Florida Catalog of State Financial Assistance (CSFA) [https:Happs.fldfs.com/fsaa/searchCatalog.aspx J. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. DEP Agreement No. LP6847, Attachment D, Page 5 of 5 ATTACHMENT E ADVANCE PAYMENT — INTEREST EARNED MEMORANDUM WHEN REPORTING OR REMITTING, PLEASE RETURN A COPY OF THIS REQUEST TO FROM: Darinda McLaughlin, Finance and Accounting Director Bureau of Finance and Accounting, MS 78 DATE: SUBJECT: Advance Payment - Contract No. Interest Due to DEP: Pursuant to Section 216.181(16), Florida Statutes, advance payments may be required to be deposited into an interest bearing account until all funds have been depleted. In order to update the status on the unused portion of the advanced funds and/or interest due, advance approval of the Chief Financial Officer, and the terms of the above referenced contract, the following information is needed for our records no later than Initial advance funding disbursed $ 1. Advanced funds principle expended or retained by contractor covering period of to $ 2. Balance advance funding principle available $ 3. Interest earned on advanced funds covering period of to $ 4. Amount of interest paid to DEP as of $ 5. Interest balance due to DEP as of $ (Project Manager's Signature) (Date) Special Instructions: If the grant/contract specifies that any accrued interest, which is based upon a grant/contract advance payment(s), will not be paid to DEP until after termination of the grant/contract, the advance fund recipient shall complete report items 1 and 2 only for the first three quarters of the state's fiscal year. The report for the state's fourth fiscal year quarter shall include items 1, 2, 3, 4, and 5. Items 3, 4, and 5 will be the life to date interest If the contract states that no interest is due, quarterly reports of unexpended advances are required, lines 1 and 2. In all cases the line 1 and 2 reported amounts are on a cash basis for the advance payment principle. Do not include receivables, payables, or interest previously paid to DEP. If the grant/contract requires quarterly accrued interest payments to DEP, the fund recipient must complete items 1 through 5 for each quarterly report. Payments of interest due to DEP shall be paid within the specifications of the contract/grant. Thank you for your cooperation in providing the above information. If you have questions, please contact Lydia Louis (850) 245-2452 in the Contracts Disbursement Section. DEP Agreement No. LP6847, Attachment E, Page 1 of 1 ATTACHMENT F ADVANCE PAYMENT JUSTIFICATON FORM Use of this form is not required unless the advance requested requires the prior approval of the Comptroller. For advance requests that are equal to or less than the purchasing threshold of category two as defined in Section 287.017, Florida Statutes, and meet one of the advance payment requirements identified in Section 215.422(14), Florida Statutes, use of this form is waived. However, the purchase requisition or contract review form must clearly identify the criteria being met under 215.422(14), Florida Statutes that allows the advance to be made without prior Comptroller approval. Name/Address of the Vendor/Recipient: Contact Person/Phone No.: Agreement No./Purchase Order No. (if known): LP6847 Commodities/Services/Project Description: Organizational Structure i.e. local ov't non-profit corporation, etc. Value of Purchase or Grant: Advance Payment Amount Requested: Period Advance Payment to Cover: ❑ 90 days startup ❑ uarterly ❑ Full Contract Period ❑ Other (specify): Indicate Statutory Authority: ❑ 215.422, F.S ❑ 216.181, F.S. GAA Year and Line Item Info: SFY: Line Item: 1. Reason advance payment is required: 2. The following information required for advances requested pursuant to 215.422, Florida Statues (and the Comptroller's Voucher Processing Handbook) which exceed the purchasing threshold of category two as defined in 287.017 Florida Statues. A. Document, if applicable, the cost savings to be incurred as a result of an advance payment that are equal or greater than the amount the State would earn by investing the funds and paying in arrears. Include the percent (%) savings to be realized. In calculating the percent savings as compared to the percent that can be earned by the State, information may be obtained from the Department of Insurance, Division of Treasury at 850/413-2776 or SunCom 293-2776 regarding the current Treasury earnings rate. B. Document, if applicable, how the goods or services are essential to the operation of the Department and why they are available only if advance payment is made: DEP Agreement No. LP6847, Attachment F, Page 1 of 3 C. Identify the procurement method used to select the vendor. 3. The following information required for advances to Governmental Entities and Non -Profits pursuant to 216.181, Florida Statutes. (Limited to GAA Authorized, Statutorily Authorized, and Grant & Aid Appropriation Categories 05XXXX or 14XXXX) A. The entity acknowledges the requirement to invest advance funds in an interest bearing account and to remit interest earned to the Department on a quarterly basis. Provide a description of how the entity intends to invest the advanced funds and track the interest earned on the advanced funds: Remittances must: 1) be identified as interest earnings on advances, 2) must identify the applicable DEP Agreement (or Contract) No., and 3) be forwarded to the following address: Florida Department of Environmental Protection Bureau of Finance and Accounting Receipts Section P.O. Box 3070 Tallahassee, Florida 32315-3070 B. A letter requesting advance payment from the recipient, on its letterhead, must be attached. DEP 55-222 (03-02) DEP Agreement No. LP6847, Attachment F, Page 2 of 3 3. The recipient must provide an estimated budget for each quarter covered by the agreement. The summary information should include salaries, fringe benefits, overhead, contracts (specify services to be contracted out), equipment, if authorized (specify items to be purchased), supplies, travel, and other costs. A sample summary format is provided below. The summary should include the breakdown for each quarter of the agreement period. Description First Quarter Second Third Quarter Fourth Quarter Quarter Salaries (identify ersonnel/titles Fringe Benefits Contractual Services (list services and estimated costs Equipment (identify each item and cost) -Supplies Travel Other (specify) Overhead/Indirect Total: Certification Statement The forgoing information is presented to the Florida Department of Environmental Protection in support of our request for advance payment. I certify that the information provided accurately reflects the financial issues facing the entity at this time. By: Type Name of Signatory: Date Title: Chief Financial Officer or designee DEP Program Area Review/Approval Recommendation: ❑ Approve Request ❑ Deny Request By: Type Name of Signatory: Date Title: Bureau: Division: The DEP Program Area should forward this information to the Contracts Disbursements Section at MS78. The Contracts Disbursements Section will forward requests for advance payment to the State Comptroller for review and legislature consultation as appropriate Bureau of Finance & Accounting Use Only DEP 55-222 (03-02) DEP Agreement No. LP6847, Attachment F, Page 3 of 3 ATTACHMENT G PROPERTY REPORTING FORM FOR DEP AGREEMENT NO. LP6847 (For Property With Grantee Assigned Property Control Numbers) GRANTEE: List non -expendable equipment/personal property* costing $1,000 or more purchased under the above Agreement. Also list all upgrades* under this Agreement, costing $1,000 or more, of property previously purchased under a DEP Agreement (identify the property upgraded and the applicable DEP Agreement on a separate sheet). Complete the serial no./cost, location/address and property control number columns of this form. The Grantee shall establish a unique identifier for tracking all personal property purchased under this Agreement and shall report the inventory of said property, on an annual basis, to the Department's Grant Manager, by DEP Agreement number, no later than Jan ary 3 1 " for each year this Agreement is in effect. DESCRIPTION SERIAL NO./COST** LOCATION/ADDRESS GRANTEE ASSIGNED PROPERTY CONTROL NUMBER *Not including software. **Attach copy of invoice, bill of sale, or other documentation to support purchase. GRANTEE: I Grantee's Grant Manager: I Date: BELOW FOR DEP USE ONLY DEP GRANT MANAGER: Maintain this document with a copy of the invoicessupporting the cost of each item identified above in your Agreement file. If the Agreement is a cost reimbursement Agreement, make sure to send invoices supporting the cost of the items to Finance and Accounting for the processing of the Grantee's invoice for payment. DEP Grant Date: DEP FINANCE AND ACCOUNTING: No processing required by Finance & Accounting as the Grantee is responsible for retaining ownership of the equipment/property upon satisfactory completion of the Agreement. DEP PROPERTY MANAGEMENT: No processing required by the Property Management section as the Grantee will retain ownership of the equipment/property upon satisfactory completion of the Agreement. DEP Agreement No. LP6847, Attachment G, Page 1 of 1 TABULATION SHEET FINANCING PROPOSALS FOR 2008 POLICE CARS Bids: Popular Leasing USA No Bids• Seacoast National Bank Nations Bank Leasing Corporation Sun Trust Leasing Corporation Exhibit 8 November 6, 2007 $20,000 per car TABULATION SHEET PROPOSALS FOR 2008 POLICE CARS Bids: Sunrise Ford EXHIBIT 9 November 6, 2007 $22,408.95 per car *comparable to Florida Sheriff's Association Government rate of $19,951.00 per car No Bids: Velde Ford Okeechobee Motor Co. Sebring Ford