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2008-03-04CITY OF OKEECHOBEE MARCH 4, 2008 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 3 11 AGENDA (II COUNCIL ACTION - DISCUSSION - VOTE II I. CALL TO ORDER - Mayor: March 4, 2008, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Ed Stewart of St. Stephen AME 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 V. MINUTES - City Clerk. Mayor Kirk called the March 4, 2008 Regular City Council Meeting to order at 6:00 p.m. Council Member Watford offered the invocation in the absence of Pastor Stewart; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Absent Present Present Present A. Motion to dispense with the reading and approve the Summary of Council Member C. Williams moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the January 22, 2008 Workshop and the January 22, 2008 Workshop and February 19, 2008 Regular Meeting, seconded by Council Member L. Williams. There February 19, 2008 Regular Meeting. I was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. 75 76 MARCH 4, 2008 - REGULAR MEETING - PAGE 2 OF 3 AGENDA V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. NEW BUSINESS. COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? There were none. A.1. a) Motion to read by title only, and set March 18, 2008 as the final Council Member Watford moved to read by title only, and set March 18, 2008 as the final public hearing date for public hearing date for proposed Ordinance No. 1011 regarding proposed Ordinance No. 1011 regarding Rezoning No. 08-001-R, submitted by Sheri Lachapelle, to change the zoning Rezoning No. 08-001-R, submitted by Sheri Lachapelle, to change district from RSF-1 to RSF-2 for property located at 813 Southwest 2"d Street; seconded by Council Member L. the zoning district from RSF-1 to RSF-2 for property located at 813 Williams. Southwest 2"d Street - City Planning Consultant (Exhibit 1). 11 b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1011 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 1011. b) Discussion. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1011 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A. CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY -TWO (RSF-2) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." Council Member Markham moved to approve the first reading of proposed Ordinance No. 1011; seconded by Council Member L. Williams. The Planning Staff Report was presented by Senior Planner Bill Brission. Both the Planning Staff and Planning Board are commending approval of the rezoning. The recommendation is different than what the applicant requested, which was RMF. However, after review of the planning staff findings and discussing the matter with Planning Board, the applicant agreed with the change to RSF-2. This will be the first one in the City since the new zoning districts were adopted in 1998. Mr. Kenneth Breaux was present on behalf Ms. Lachapelle to answer questions. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. MARCH 4, 2008 - REGULAR MEETING - PAGE 3 OF 3 AGENDA COUNCIL ACTION -DISCUSSION -VOTE VI. NEW BUSINESS CONTINUED. B. Consider a Memorandum of Understanding between Florida Trail Council Member Watford moved to approve a Memorandum of Understanding (MOU) between Florida Trail Association and the City of Okeechobee - Paul Cummings (Exhibit Association (FTA) and the City of Okeechobee; seconded by Council Member C. Williams. 2). 11 VII. ADJOURN MEETING - Mayor. 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. Florida Trail Association (is a non-profit 501(c)(3) organization) located at 5415 Southwest 131h Street, Gainesville, FL 32608. The purpose of the MOU is to promote natural Florida as a destination for visitors to the state who increasingly ask for outdoor experiences and places to hike. FTA is dedicated to building, maintaining, promoting and protecting a 1400 mile long distance hiking trail through the state called the "Florida Trail" providing a variety of outdoor experiences throughout Florida to connect visitors to the wonders of nature. Okeechobee is considered a Gateway Community since it is near the trail which offers basic tourism amenities and can be marketed as a nature -based tourism destination, resulting in local economic stimulus and increased public awareness of natural Florida. The objectives of the agreement will be to educate local businesses of the trails value as an economic resource. Enable both parties to apply for targeted grants to assist in the community's efforts towards nature -based tourism development, economic development, and trail -related infrastructure development through the development of promotional products, educational resources or signature events. Increase usage and awareness of the trail by attracting more eco-tourists to Okeechobee. Promote responsible tourism development within Okeechobee and support of the trial. The Council concluded this would be nice for the community and would assist with tourism at a minimum cost to the City. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 6:31 P.M. The next Regular Meeting is scheduled for March 18, 2008. (� ASTQCT• James E. Kirk, Mayor Lane Gamiotea, CSC, City Clerk // Page -1- CITY OF OKEECHOBEE - March 4, 2008 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES CALL TO ORDER - Mayor: Kirk on March 4, 2008, City Council Regular Meeting 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Council mem in the absence of Pastor Ed Steward of St. Stephen AME Church: Pledge of Allegiance led by Mayor Kirk III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson X X X X X X X X X RECORDS X X X IV. MINUTES - City Clerk. A. Council Member C. Williams moved to dispense with the reading and approve the Summary of Council Action for the 1/22/08 Workshop and 2/19/2008 Regular Meeting, seconded by Council Member L. Williams. There was no discussion on this item. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. V. AGENDA - Mayor. A. Mayor Kirk asked whether there were any additions, deferrals or withdrawals of items on today's agenda? There were none. SVI. NEW BUSINESS. A.1. a) Council Member Watford moved read by title only, and set March 18, 2008 as the final public hearing date for proposed Ordinance No. 1011 regarding Rezoning No. 08-001-R, submitted by Sheri Lachapelle, to change the zoning district from RSF-1 to RSF-2 for property located at 813 Southwest 2"d Street - City Planning Consultant (Exhibit 1); seconded by Council Member L. Williams. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X Page -2- C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 1011 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY -TWO (RSF-2) ZONING DISTRICT; AMENDING THEZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. " 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 1011; seconded by Council Member L. Williams. b) Discussion. Bill Brisson presented the planning staff report, the petition has been reviewed by the planning board, the are recommending the adoption of the ordinance to change the zoning (vote was 6-1-2). Originally requested RMF, staff and planning board discussed it and recommended not the RMF but the RSF-2, which essentially allows zero lot line, still will require the MF land use change, which will be presented at the Mar 18 meeting. Meets all findings to address a rezoning. Whitehall, its always opinion should refrain from expanding the MF classification, but here we are addressing the zoning will cause the density to be lower than regular RMF. Did the planning board discuss the triplex be rental units. They cannot be a triplex, they can be duplex with lot line or single family dwellings with zero lot lines. Only RSF-2 zoning to date. Has multi -family use on three sides of it. Lowry rentals or selling? No conversation either or, and not suppose to be a consideration for zoning, you can discuss it but we, staff cannot discuss it. RSF-2 you can have zero lot lines, common wall and have them on 2 lots. Okay similar to what they did in Kings Bay. Is this like a pud on a small scale? No. Planning Staff's recommendation to this. Applicant was there and agreed to that change. Kenneth Breaux was present on behalf of the applicant who were not able to attend. They were happy with the recommendation with the planner. I don't envision them getting a bunch of units on this site, maximum of 3 most likely, trying to develop without septic tanks, hope to connect to OUA system. Thought it was going to be an uphill battle, due to the situation with the property to the south (Royal Concrete). This will also have to be platted for each lot if they want it to be sold. Lowry at workshops we were trying to stay away from multi- family and this seems to be a way to skirt the issue, and LaRue has already warned us that the percentage is off for the size of our city. Plat approval will come before us. BW yes. Then it has to come before the council for final decision. BW what is the difference to give more latitude between PUD single family to this? PUD has minimum size requirement so this would not be considered, it is more stringent than a PUD as it does not give flexibility like a PUD does. LM if its platted and they put 50' lots and 2 units with a single line, the sq ft of 100 x 100 is 10,000 would they be bigger homes than regular built? BB, it can only be bigger if the lot is bigger. Same coverage if the 2 lots are put together. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. Page -3- B. Council Member Watford moved to approve a Memorandum of Understanding between Florida Trail Association and the City of Okeechobee - Paul Cummings (Exhibit 2); seconded by Council Member C. Williams. Florida Trail Association (is a non-profit 501(c)(3) organization) located at 5415 Southwest 13'h Street, Gainesville, FL 32608. The purpose of the MOU is to promote natural Florida as a destination for visitors to the state who increasingly ask for outdoor experiences and places to hike. FTA is dedicated to building, maintaining, and promoting and protecting a 1400 mile long distance hikign trail through the state called the "Florida Trail" providng a variety of outdoor experiences throughout Florida to connect visitors to the wonders of nature. Okeechobee is considered a Gateway Community since it is near the FT which offers basic tourism amenities and can be marketed as a nature -based tourism destination, resulting in local economic stimulus and increased pbulc awareness of natural Florida. The objects will be to educate local businesses of the value of the FT as an economic resource. Enable both parities to apply for targeted grants to assist in the community's efforts towards nature -based tourism development, economic development, and trial -related infrastructure development through the development of promotional products, educational resources ro signature events. Increased usage and awareness of the FT attracting more eco-tourists to local communities. Promote responsible tourism development within the community ans support of the FT. Watford rep. Organization, ,trial around the lake still working those details out, some benefit to us. Lowry already been before the county commissioners? Don't know. DW probably only for cities since addresses community's. BW my office suggested they visit the county as well. Helps with tourism at a minimum costs. DW assume just a MOU year from now we can revoke this if there was an issue? JC yes. Familiar with this outfit. DW idea is that different trail heads, hope is that they will come off the trail and stay in the communities. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. IX. MAYOR KIRK ADJOURNED THE MEETING AT 6:31 P.M. AFFIDAVIT OF PUBLISHER OKEECHOBEE TIMES 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a Notice of City Council Meeting PO #013570 in the matter of City of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974-2932 In the Court, was published in said newspaper in the issues of 02/28/2008 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement-, and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. lames'A. Hughes, Jr., (Published-) Sworn to and subscribed before me _ this 7 day of A. D. 2008 CITY COUNCIL MEETING NOTICE NOTICE IS.HEREBY GIVEN that • the city Council of the City of Okeechobee will meet in Regular Session on.Tuesday, March 4, 2008, 6:00 p.m. at 6:00 p.m. at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida The "public is invited and encouraged to attend. For a ` copy of the agenda contact City Administration at (863) 763-3372 x 21 PLEASE TAKE NOTICE AND. BE ADVISED that if any person desires to appeal any decision made by the City. Council with re- spect to any matter considered at this meeting, such interested person will need a record of tfx proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are used for the sole purpose of back-up for the Clerk's Office. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute' 286.26, persons with disabilities needing special accommodation.to participate in this proceed- ing should contact Lane Gamiotea, no later than two (2) working days prior to the proceeding at 863-763-3372 x 214; if you are hearing or voice impaired, call TDD 1-800-222-3448 (voice) or 1-888-447-5620 (rfY). by: James E. Kirk, Mayor . Lane Gamiotea, CMC, City Clerk Publish: 0228/2008 Okeechobee Times 'nt Tn Buy (SEAL) 1 Notary Public € curl isstc�n #Dt3318483 r 5, fires: Jun 25, 2008 Bonded Tbm `,` i,tantic Bonding CO., inc. CITY OF OKEECHOBEE MARCH 4, 2008 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE Iof2 CALL TO ORDER - Mayor: March 4, 2008, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Pastor Ed Stewart, St. Stephen AME 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 IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 22, 2008 Workshop and the February 19, 2008 Regular Meeting. MARCH 4, 2008 PAGE 2 OF 2 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. NEW BUSINESS. A.1.a) Motion to read by title only and set March 18, 2008 as a final public hearing date for proposed Ordinance No. 1011 regarding Rezoning Application No. 08-001-R, submitted by Sheri Lachapelle, to change the zoning designation from RSF-1 to RSF-2 for property located at 813 SW 2nd Street - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1011 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No.1011. b) Discussion. c) Vote on motion. B. Consider a Memorandum of Understanding between Florida Trail Association and the City of Okeechobee - Paul Cummings (Exhibit 2), VII. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. EXHIBIT NO. _ MAR 4 - f REAV EXHIBIT NO. MAR 18 - FINAL ORDINANCE NO. 1011 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY -TWO (RSF-2) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Vikki Aaron, on behalf of property owner Sheri Lachapelle, of the property. more particularly described hereafter, has heretofore filed Petition No. 08-001-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 1.31 acre(s) from Residential Single Family -One (RSF-1) Zoning Districtto Residential Single Family - Two (RSF-2) 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 February 21, 2008, 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: LEGAL: A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED IN OFFICIAL RECORDS BOOK 562, PAGE 1959, OKEECHOBEE COUNTY, FLORIDA, AS FOLLOWS: COMMENCING AT A POINT ON THE EAST LINE OF SOUTHWEST 10T" AVENUE, FORMERLY KNOWN AS PENSACOLA STREET, AS SHOWN ON THE MAP OF OKEECHOBEE TOWNSITE, RECORDED IN PLAT BOOK 2, PAGE 17, OFTHE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, 345.00 FEET SOUTH OF THE SOUTH LINE OF SOUTHWEST PARK STREET, THENCE RUN SOUTH ALONG THE EAST LINE OF SOUTHWEST 10T" AVENUE, A DISTANCE OF 370.00 FEET; THENCE RUN EAST A DISTANCE OF 705.00 FEET TO Ordinance No. 1011 - Page 1 of 2 THE SOUTHEAST CORNER OF LOT 18, ACCORDING TO THE UNRECORDED PLAT OF SURVEY, OF SAID SECTION 21, MADE BY LEON H. WILLIS, COUNTY SURVEYOR, OKEECHOBEE COUNTY, FLORIDA DATED MARCH 26, 1963 FOR THE POINT OF BEGINNING; THENCE CONTINUE EAST A DISTANCE OF 150.00 FEET; THENCE BEAR NORTH PARALLEL TO THE CENTERLINE OF NORTHWEST 9T" AVENUE, FORMERLY KNOWN AS CHOKALOSKEE STREET, TO THE INTERSECTION WITH A CURVE IN THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTHWEST 2ND STREET, FORMERLY KNOWN AS TUSCALOOSA STREET, A DISTANCE OF 400.81 FEET, MORE OR LESS; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE INTERSECTION WITH THE CENTERLINE EXTENDED OF SOUTHWEST 9T" AVENUE, A DISTANCE OF 154.05 FEET, THENCE RUN SOUTH AMONG THE SAID CENTERLINE EXTENDED OF SOUTHWEST 9T" AVENUE, A DISTANCE OF 370.00 FEET, TO THE SOUTHEAST CORNER OF LOT 18 AND THE POINT OF BEGINNING, CITY OF OKEECHOBEE SUBDIVISION AND IS APPROXIMATELY 1.31 ACRE(S) SECTION 2. ZONING MAP AMENDMENT. That the L3foresaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Single Family -One (RSF-1) Zoning District to Residential Single Family -Two (RSF- 2) Zoning District. The zoning f(,)r this parcel is subject to the further limitations of the Comprehensive Plan, FutumE Land Use Element, Policy 2.6. SECTION 3. CONFLICT. All ordinances or parts of ordinancias in conflict herewith are hereby repealed. SECTION 4. SEVE RABILITY. 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 4th day of March, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 181h day of March, 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1011 - Page 2 of 2 ,f Master Land Development Aecation and Checklist: Rezone - Spe4lplxception - Variance (Rev_ 12/07) Date: F 4 Petition No.t ,Oc, City of Okeechobee Jurisdiction: � t General Services Department Fee Pai : } . v 55 S.E. 3`d Avenue, Room 101 " 1�` Hearing: pill 2 Hearing�.l� Okeechobee,• Florida 39974-2903 Phone: (863) 763-3372, ext. 218 Publication Dates Fax: (863) 763-1686 (below for office use only) Notices Mailed: Name of property owner(s): Sheri Lachapelle, Trustee Owner mailing address: 2637 E. Atlantic Blvd. #266 Pompano Bch, FL 33062 Name ofapplicant(s) if other than owner Not applicable Applicant mailing address: Name of contact person (state relationship): Vikki Aaron — agent Contact person daytime phone(s): 863-467-4768 Property 7 to property: Describe current use of property: 8 813 SW 2nd _Avenue' Vacant Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc.): 9 Vacant 10 Approx. acreage: 1 .31 acres is property in a platted subdivision? Yes ( X) No Is there a use on the property that is or was in violation of a city or county ordinance? (x ) No; (__) Yes If, yes, describe the use and violation: ll Have there been any land development applications submitted in the past year that involve any part of the property? (_DNo )Yes If yes, provide date, name of applicant, and brief description of the 12 nature of the application: Yes, April 2007 — Sheri LachapIlle — Map amendment and rezoing from Residential Single Family to Residential Multi Family 13 Is a pending sale of the property subject to this application being granted? Yes (x ) No Do you own any other lands adjacent to the subject property? No (___) Yes if yes, describe the 14 current and intended uses: 15 Describe uses on adjoining property to the: North: Multi family residences East: vacant RMF South: vacant RMF and Holding West: Residential Single Family 16 Existing zoning: RSF1 Future Land Use classification Single Family 17 Request is for: (X) Rezone Special Exception (_, Variance 18 Parcel Identification Number: 2-21-37-35—OA00-00007-0000 Master Land Development App,ication and Checklist: Rezone — Speci- xception — Variance (Rev. 12/07) (below for office use only) ` Applicant's statement of interest in property 19 20 Last recorded warranty deed Notarized letter of consent from property owner (if applicant is different from property owner) 21 Property survey (onc copy I I" x 17" and two copies 24" x 36") containing: a. certified boundary survey, date of survey, surveyor's name, address and phone number9. 22 b. Legal description R' x Computation of total acreage to nearest tenth of an acre c. List of surrounding property owners with addresses and location sketch of the subject property. See the w 23 Information Request Form from the Okeechobee Property Appraiser's Office attached- 24 Affidavit attesting to completeness and correctness of the list (attached) . fee: Rezone:$500; Special Exception:$250; Variance:$250; all plus $30/acre 25 Nonrefundable application —77 �a - m` �' F ` { ��t .��. .e'w..� ,o K'...:.r�•.i ..:.`: .-.t?uvk �..+. 'K'vl. . _ I hereby certify that the information in this application is correct. The information included in this .C:``"� 26 application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may resulting the summary denial of this, pplication. JP -Pe 6Z Sheri Lachapelle 01/2 08 Signature Printed Name Date For questions relating to this application packet, call the General Services Dept. at (863) 763-3372, ext. 218 Kezonmg-,peeuic HppucatiiLvu 0----- A Current zoning classification: RSF1 Requested zoning classification —�F' `> r Describe the desired permitted use and intended nature of activities and development of the property? B Construct two (2) one story triplexes Is a Special Exception necessary for your intended use? ( x) No U Yes If yes, briefly describe: C Is a Variance necessary for your intended use? (? j No (___) Yes if yes, briefly describe: D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, i E the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition F I Attachment addressing the required findings as described below: FINDINGS REQUIRED FOR GRANTING A REZONING OR. CHANGE IN LAND DEVELOPMENT REGULATIONS (See. 70-340 in the Land Development Regulations) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. 4. The proposed 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. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Ext. 218 Page 1 of 1 Application for a Change in Zoning Sheri Lachapelle Applicants Owner and Applicant Applicants Statement of Interest in the Property Sheri Lachapelle currently owns approximately 1.31 acres within the unplatted lands of the city. The property is located at 813 SW 2nd Street. The applicant wishes to construct multi family residences on the subject property. 6111110111111 QUIT CLAIM DEED Return to: This instrument Prepared by: Rhonda M. Sternberg 8333 West McNab Rd, Ste 227 Tamarac, Florida 33321 FILE NUM 2005018006 OR BK 00573 PG 1248 SHARON ROBERTSON► CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 08/1812005 09!03:33 AM RECORDING FEES 27.00 DEED DOC 0.70 RECORDED BY M Anuez PARCEL IDENTIFICATION # 2-21-37-35-0A00-00007-0000 This Quit -Claim Deed, made this August _1, 2005, by SHERI LACHAPELLE a/k/a SHERI A. LACHAPELLE, a married woman , Grantor, to SHERI A. LACHAPELLE, as Trust f the SHERI A. LACHAPELLE LIVING TRUST of which RAYMOND I LA , 3R. and RHONDA M. STERNBERG are named as successor trustees, wi r and authority to protect, conserve, sell, lease, encumber or otherwise to manage s of the real property described below, whose post office addresses are respectively: 1. SHERRI A. LACHAP1SbU Florida 33062; 2. RAYMOND W. LA Beach, Florida 33062; \ 3. RHONDA M. STERNB R — Hereinafter called the Grantee. East Atlantic Boulevard #266, Pompano Beach, - 2637 East Atlantic Boulevard #266, Pompano McNab Road, Tamarac, Florida 33321; (Wherever used herein the terms "Grantors" and "Grantees" shall include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors or assigns of corporations.) WITNESSETH: That the said Grantor, for and in consideration of love and affection, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said Grantee forever, all the right, title, interest, claim and demand which the Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Okeechobee, State of Florida, and being described as: SEE ATTACHED SCHEDULE "A" LFrt BK 00573 PG :, 249 To Have and to Hold the same together with all and singular the appurtenances thereto belonging or in any wise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the saidManr orever. In Witness Whereofereunto set Grantor's hand and seal on A,&tg- ry , 2005. Signed, sealed and d9liver9 presence of: ESTHER GELLER 8333 W. McNab Road Tamarac, Florida 33321 � ABE GELLER ` 8333 W. McNab Road Tamarac, Florida 33321 STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on &4 ks;- t J , 2005 by SHERI LACHAPELLE who: P,eersonally known to me -Produced a Florida Drivers Licens Other (explain) as identification and who did not take an oath. Rhonda M. Stern g, tary Public Rhonda M. Sternberg Commission #DD214385 Expires: May 21, 2007 Bonded -M. Atlantic Bonding Co., Inc. . QK 00573 PG 1250 "Schedule A" 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 a point on the East line of South West 101" Avenue formerly known as Pensacola Street, as shown on the map of OKEECHOBEE TOWNSITE, recorded in plat book 2, at page 17, of the public records of St. Lucie County, Florida, 345.00 feet South of the South line of SOUTHWEST PARK STREET, thence run South along the East line of SOUTHWEST I OTH AVENUE, a distance of 370.00 feet; thence run East a distance of 705.00 feet to the Southeast comer of lot 18, according to the unrecorded Plat of Survey, of said Section 21, made by Leon H. Willis, County Surveyor, Okeechobee County, Florida, dated March 26,1963 from the Point of Beginning, thence continue East a distance of 150.00 feet; thence bear North parallel to the centerline of Northwest 9th Avenue, formerly known as Chokaloskee Street, to the intersection with a curve in the Southerly right of way line of South Nest 2"d Street, formerly known as Tuscaloosa Street, a distance of 400.8 et, more or less; thence run Southwesterly along the are of said curve to the inter on ith the centerline extended of Southwest 9L' Avenue, a distance of 154.05 feet t enc n South along the said centerline extended of Southwest 9`h Avenue, a distance o to the S. E. corner of Lot 18 and P.O.B. FILE HUM 20050104.49 OR Big 00562 PG 1959 SHARON ROBERTSON► CLERK OF CIRCUIT COURT This Instrument Prepared by and Return to: OKEECHOBEE CDUNTY► FL RECORDED 05/13/2005 11:10:45 AM RECORDING FEES 27.00 DEED DOC 0.70 Lake Okeechobee Title Inc RECORDED BY G Mpubourn 210 NW Park Street Suite 201 Okeechobee, Fl 34972 Property Appraisers Parcel Identification (Folio) Numbers: 2-21-37-35-OA00-00007-0000 SPACE ABOVE THIS LINE FOR RECORDING DATA PERSONAL REPRESENTATIVE'S DEED THIS INDENTURE made this day of April, 2005 between Sharon J. White as Co - Personal Representative of the Estate of Paul M. White , deceased, party of the first part, and Sheri Lachapelle, a married woman, of 2637 E. Atlantic Blvd. #266, Pompano Beach, FL 33062. WHEREAS, the said I party of the first part was named WHEREAS, said Last A Testamentary were duly issued on and WHEREAS, the said Sharon J:' of Paul M. White, deceased and under Paul R. Stanton is duly empowered to time of his death. ITNESSETH deceased, leaving a Last Will and Testament wherein the presentative therein and has been fully admitted to Probate and Letters by the Circuit Judge of SUMPTER County, Florida qualified Co -Personal Representative of the Estate visions of said Last Will and Testament the said �f the real estate belonging to the deceased at the NOW THEREFORE, the said party of the first part, by virtue of the power and authority to her given in and by the terms and provisions of the said Last Will and Testament of Paul M. White and in consideration of the sum of Ten Dollars and other valuable consideration, does hereby grant, bargain, sell and convey unto the party of the second part and their assigns and heirs forever all that certain parcel of land lying and being in the County of OKEECHOBEE and State of Florida, more particularly described as follows: See attached Schedule "A" SUBJECT TO: Conditions, restrictions, reservations, limitations, easements and dedications and taxes for this tax year and subsequent years. TO HAVE AND TO HOLD the same together with all the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and all the estate, right, title, interest, claim and demand whatsoever, which the said decedent had at the time of his death to the party of the second part, their heirs and assigns forever. File No.: 05-1217 Page I of 2 • AeK 00562 PG 1960 IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal on the day and year first above written. Wi ess Sharon J. White ]*y� P. O. Box 1048 Webster, FL 33597 Printed Witne ame W ltness d4fni (� �GttLt���RW Printed Witness Name STATE OF GEORGIA COUNTY OF PERSONALLY acknowledgements, Shares who acknowledged that sh expressed. The foregoing instrument was White who is personally known to m� File No.: 05-1217 e, the undersigned authority duly authorized to take Representative of the Estate of Paul M. White, deceased, Personal Representative's Deed for the purposes therein before me this �4 V IoQpril, 2005, by Sharon J. �110f t y9,identification. tp Notary J�iblic . _ �Gy ., PU13LIC Printed Notary NanE41 Page 2 of 2 OR SK 00562 PG 1961 "Schedule A" 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 a point on the East line of South West 100' Avenue formerly known as Pensacola Street, as shown on the map of OKEECHOBEE TOWNSITE, recorded in plat book 2, at page 17, of the public records of St. Lucie County, Florida, 345.00 feet South of the South line of SOUTHWEST PARK STREET, thence run South along the East line of SOUTHWEST IOTH AVENUE, a distance of 370.00 feet; thence run East a distance of 705.00 feet to.the Southeast corner of lot 18, according to the unrecorded Plat of Survey, of said Section 21, made by Leon H. Willis, County Surveyor, Okeechobee 'County, Florida, dated March 26,1963 from the Point of Beginning; thence continue East a distance of 150.00 feet; thence bear North parallel to the centerline of Northwest 9th Avenue, formerly known as Chokaloskee Street, to the intersection with a curve in the Southerly right of way l South West 2"d Street, formerly known as Tuscaloosa Street, a distance of 4004th eet ore or less; thence run Southwesterly along the are of said curve to the intersn the centerline extended of Southwest 91h Avenue, a distance of 154.05 feet, uth along the said centerline extended of Southwest 9'h Avenue, a distance of 370 fee t the S. E. corner of Lot 18 and P.O.B. 0 Application for a Change in Zoning Sheri Lachapelle Applicants Owner and Applicant Applicants Statement of Special Reasons & Basis for Request Sheri Lachapelle currently owns approximately 1.31 acres within the unplatted lands of the city. The property is located at 813 SW 2nd Street. The property is currently zoned residential single family (RSF 1) and lies within the Single Family future land use classification of the adopted comprehensive plan. The applicant wishes to establish multi family residences on the property. In accordance with city regulations, a small scale map amendment and a change in zoning will be required. There are existing multi -family and single family uses and zoning districts in the general area. The proposed change in zoning would be consistent with the established land use pattern. A small multi family zoned development could be an enhancement to the area and possibly encourage similar type of development in the area. The applicant respectfully requests that the Planning Board recommend the City Council approve the request to change to existing zoning classification of Residential Single Family (RSF1) to Residential Multi Family (RMF) to allow the construction of multi family residences on the property. Application for a Change in Zoning Sheri Lachapelle Applicants Owner and Applicant Applicants Statement of Intended Use Sheri Lachapelle currently owns approximately 1.31 acres within the unplatted lands of the city. The property is located at 813 SW 2nd Street. Upon approval of the small scale map amendment and change of zoning the applicant intends to construct multi family residences on the subject property. Application for a Change in Zoning Sheri Lachapelle Applicants Owner and Applicant Existing Use of Surrounding Property Sheri Lachapelle currently owns approximately 1.31 acres within the unplatted lands of the city. The property is located at 813 SW 2nd Street. To the North of the subject property is multi family, commercial and industrial uses, zoning districts and future land use classifications. To the South of the subject property are vacant lands in a Holding (H) zoning classification with a Single Family fixture land use classification. To the West of the subject property is a parcel owned by Royal Concrete Concepts which is zoned Residential Multi Family (RMF) with a Multi Family future land use classification. To the East of the subject property is residential uses, zoning districts and future land use classifications. Sheri Lachapelle, Trustee Response to Standards for Considering a Change in Zoning (Rezone) 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. The request for a Small Scale Comprehensive Plan Map Amendment and change in zoning would not be inconsistent with the intent of the Future Land Use Element of Comprehensive Plan. The surrounding land uses are Residential Multi Family and Residential Single Family. Much of the surrounding property is currently vacant with the exception of the multi family housing to the north of the subject property. Further to the West is single family development. The proposed land use change would not create an isolated land use designation nor would it be inconsistent with the established land use pattern . The proposed change allowing a higher density residential development would not be contrary to or have an adverse effect on the comprehensive plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The proposed use, multi family development is specifically provided for under the Residential Multi Family zoning district. The proposed triplexes are consistent and compatible with existing multi family development and are not contrary to the existing mixed land use pattern in the general area. 3. The proposed use will not have an adverse effect on the public interest. The applicants desire to construct two (2) one-story triplexes on the subject property should not have an adverse effect on the public interest nor would it adversely influence living conditions in the general area. The addition of 1.31 acres of multi -family zoning in an area of substantial and mixed development is not out of scale with the needs of the neighborhood or the city. 4. The proposed 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 use is appropriate for the location proposed which is located in a neighborhood that has experienced similar development on like sized parcels. As there is an established trend in the immediate neighborhood toward multi family development it is reasonable that this parcel be rezoned to Residential Multi Family. The addition of a small multi- family development in this area would not excessively increase traffic. The site plan review process will ensure that impacts for the development do not adversely impact surrounding properties with respect to drainage. Impacts of a magnitude that would require mitigation appear unlikely for a development of the scale that is being requested in this petition. 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. This is a mixed -development area, consisting of some conventional homes, multi -family housing, commercial and industrial uses but consisting primarily of vacant property with multi family zoning and a holding classification and the potential likelihood of higher density residential development. The proposed zoning and subsequent development are compatible with the area and accordingly should not adversely affect property values in the area. 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 Consideration will be given to screening and buffering between the proposed use and residential development to the west. The subject property is of adequate area to provide for any required buffering as deemed necessary during the site plan review process. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed change would allow for multi family development. The proposed change would alter the population density pattern, but not significantly noting the extent to which this 1.31 acre parcel is proposed to be developed. There would be minimal impacts to public facilities with the proposed change. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed change will allow for multi -family development of the site that will marginally increase traffic, but should not adversely impact traffic congestion or public safety. Any specific development would undergo a site plan review process to evaluate traffic impacts, and address the need for mitigation, if appropriate. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the proposed use has not been inordinately burdened. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted to the public welfare. The request for a change in zoning to Residential Multi Family (RMF) is within an area of the city that is appropriate for consideration. There is adjacent and nearby RMF zoning and uses in the area. The proposed change is consistent and compatible with surrounding uses. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Petition No. 08-001 R Staff Report Applicant: Ray & Sheri Lachapeile Rezoning Request Petition No.: 07-005-R InformationGeneral _. _ ._.. Applicant.Address: 2637 Atlantic Blvd. 4266 ? _ ; Poriipano, Beach; FL°33062 Conitact Phone Number: 863-467-4768, FAX. 863-467-4618 y(;�r} '; � i S t`t a s � i 4i'r ��, �+y �r j �v ,� a9 ��5 a fa Y� -sr • ..F C�}.�.t"'L"+ &Y ��.r�Son. � ¢ „'�Y."'4.'. a,��S'.� ��t ._+k. �' •�Y r .. tyExisting ProposedA.{ , "'�'hlV�-114.1 iFv,�t���i Clssxcti�n Zoning District RSF-1 RMF U$ of °pew,° k f aeapt 3, f y ��ices Acreage1.31 1.31 ` r o Location: 813 SW 2"a Street Legal Description: 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 a point on the East line of South West 10`h Avenue formerly known as Pensacola Street, as shown on the map of OKEECHOBEE TOWNSITE, recorded in plat book 2, at page 17, of the public records of St. Lucie County, Florida, 345.00 feet South of the South line of SOUTHWEST PARK STREET, thence run South along the East line of SOUTHWEST LOTH AVENUE, a distance of 370.00 feet; thence run East a distance of 705.00 feet to the Southeast corner of lot 18, according to the unrecorded Plat of Survey, of said Section 21, made by Leon H. Willis, County Surveyor, Okeechobee County, Florida, dated March 26, 1963 from the Point of Beginning; thence continue East a distance of 150.00 feet; thence bear North parallel to the centerline of Northwest 91h Avenue, formerly known as Chokaloskee Street, to the intersection with a curve in the Southerly right of way line of South West 2"a Street, formerly known as Tuscaloosa Street, a distance of 400.81 feet, more or less; thence run Southwesterly along the arc of said curve to the intersection with the centerline extended of Southwest 9ch Avenue, a distance of 154.05 feet, thence run South along the said centerline extended of Southwest 9t" Avenue, as distance of 370.00 feet to the S.E. corner of Lot 18 and P.O.B. The Applicant requests a zoning change from the existing zoning classification of Residential Single -Family (RSF-1) to Residential Multi -Family (RMF) to allow the construction of multi- family residences on the property. 1 Staff Report A#ant: Ra & Sheri Lacha elle Y p Rezoning Request Petition No.: 07-006-R Adjacent Future Land Use . • Classifications and Zoning Districts: Ak��en�i Zoning District: RMF 1 LS Eng Da, t�zszdeos r .. _ Easyfur�r{Ctassfco,. u. =4 AW Zoning District: , .. RMF and Holding South >uture Land U1V�ap Mtian}irl�sideiatial i .Clasfcatin; Zoning District:' . Holding and RMF Existing T,arid ., .at r; Wit• Futnirean� ITe M.►.=,1ass�i=Strzriifes�tont. Zoning District: RSF-1 The subject property is vacant and is being proposed for multi -family development. The Applicant is requesting to change the Zoning Map from RSF-1 to RMF. A companion request for a change in the Future Land Use designation from Single-family to Multi -family has also been submitted. As you may recall, the Applicant withdrew this application last May when it appeared the Planning Board would recommend denial. This application is essentially the same as the original, but the Applicant has provided responses to the standards for a change in zoning as set forth in the LDRs. The subject property is currently zoned RSF 1, which only allows one single-family dwelling on a lot of at least 10,000 square feet.. The applicant is requesting RMF zoning which will allow multi -family structures, duplexes, zero lot line single-family and conventional detached single- family homes on the property. The applicant is proposing to build two 2-story triplexes on the property. This is significantly less than the maximum number of units (13) that could be built under RMF zoning. However, if the rezoning to RMF is approved, the applicant will not be limited to just two triplex structures, but will be allowed up to 13 dwelling units as long as all other requirements of the LDRs are met. The subject property is within an area where sizeable properties have recently been changed from the Single-family to Multi -family Future Land Use designations and to the RMF zoning district. Properties to the north, south and east are zoned RMF. There is also a compatibility concern for the large, Small Scale Future Land Use Amendment to the south (Altobello/Royal 4 Staff Report Rezoning Request Appiwant: Ray & Sheri Lachapelle Petition No.: 07-005-R Concrete) which was previously changed to a Multi -Family Future Land Use category. Some discussions of possible development of that parcel at a single-family density have taken place with City Staff and the Developer, although nothing has happened since last May. 1. The proposed use is not contrary to Comprehensive Plan requirements. Staff continues to hold the same reservations with regard to multi -family use on this site and its potential effect upon lands to the immediate west as it did when this application was last reviewed this past May. We believe that a multi -family use would not be consistent with the intent of the Future Land Use Element of the City's Comprehensive Plan. Rather, we feel a single-family type use would be more consistent with the intent of the Plan and the nearby single-family area to the west. (See responses below.) 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The RMF Zoning District allows a variety of uses, including multi -family housing. 3. The proposed use will not have an adverse effect on the public interest. If this parcel were to be rezoned to RMF and subsequently developed in multi -family use, other property owners to the west are likely to feel that single-family use is no longer a viable option in this neighborhood. However, as discussed in the Staff Report on the Applicant's request for a Small Plan Amendment to the Comprehensive Plan, we have reevaluated the situation in light of the uncertainty of the nature of the ultimate development on the Royal Concrete property due to its facing a possible noncompliance review that could result in future development being limited to single-family density. Staff feels that zero lot line single-family development would be appropriate in that it could provide a limited increase in density and be compatible with whatever is developed on the properties to the east and south without generating undue impetus to further intensification of development on the single- family properties to the immediate west. Zero lot line single-family use is permissible in the RSF 2 zoning district, which is preferable to the requested RMF district because the RSF 2 district does not allow for multi -family development, but would allow for a modest increase in density along the lines of that being requested by the Applicant. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. A zoning change to accommodate residential multi -family dwellings would be inconsistent with the existing pattern of the neighborhood to the west. If the subject property were to be developed in multi -family use, it would no doubt create pressure for more rezonings to increased density in the single-family area to the west of this property. Staff Report 40 ApQant: Ray & Sheri Lachapelle Rezoning Request Petition No.: 07-005-R 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property: The proposed use could adversely affect living conditions of the adjacent properties and would adversely affect the stability of nearby properties developed in or zoned for single- family use. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood If granted, any need for buffering would be determined during the site plan review phase. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The zoning change for a relatively small parcel will have a minimal impact and would not normally be expected to contribute to overburdening of the City's infrastructure. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. While the rezoning of the subject property will result in only a small increase in the potential number of dwelling units, continued rezoning of properties in the area to higher density without assessing recent changes, could compound future traffic problems because of the limited street capacity. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the proposed use has not been inordinately burdened. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change will not constitute a grant of special privilege. Conclusions: Based on the foregoing analysis, Staff suggests that a rezoning to RMF is not consistent with the Comprehensive Plan. However, Staff feels that zero lot line single-family development would be appropriate in that it could provide a limited increase in density and be compatible with whatever is developed on the properties to the east and south without generating undue impetus to further intensification of development on the single-family properties to the immediate west. M Staff Report Rezoning Request Appimant: Ray & Sheri Lachapelle Petition No.: 07-005-R Recommendation: - - Staff recommends denial of the request to allow rezoning from RSF-1 -to RMF-and, instead, suggests that the Planning Board consider recommending rezoning the property to RSF-2. Submitted by: James G. LaRue, AICP Planning Consultant February 13, 2008 Zoning Map of area Property Appraiser's Aerial of site and surrounding area E Staff Report Rezoning Request aAaant: Ray & Sheri Lachapelle Petition No.: 07-005-R K9v, /ARK STPUr del MEN j{ 3`Y,MR�t RSIMlx .. 5> t wt f - M, SSR tMC SfR6J; }} bf ♦'x a. f hy- }✓-� Y' i S l- k L y S} t- I t +S:Lw i 22 x R ¢�n Ni>�6 �a SY •=n 1N ��?� 1 ftd /C1LY >a..Y J pp Svc St S"WT n I b i y..♦ LT, c♦5Lt n•kI i'!% Sx. ♦M E6RR6Y } k 5> . .. . ........ }✓/�%� ,% ubject `y75 �87 rope Qa <L nRr.a.,,u�K,,L a SiK 6x ITAm 3 3 / 1 I' I Wx 19 N L. a S 1• f / `� LLL 194 19 Sn I.gsna_ Sw. LxN sxR�- __ w_____._ 7 _, ..r .........� .. ...� ....... _ ........ . M Staff Report Rezoning Request ■■ Appm;ant: Ray & Sheri Lachapelle Petition No.: 07-005-R Okeechobee County Property Appraiser e � 1" 20 ft ,:. 4, u B,is .a�'eri"2c�!1. .�fr, - Ck43�'ITBUhe �-,,;:., �,, 'ARCEL: 2-21-37-35-0At#07ro07-fl ,Ar- iACA�a-A PARCEL OF LAND LYING iN SECTION 21, TCWNS—P 3,}RANGE 35 EAST, OKEECHOEEE flame. LACHAPELLE SH£RI A TRUSTEE LwidVas 0.00i te: 813 SW 2ND ST, Okeechobee swgva10.00 k"` 2837 E ATLANTIC BLVD 0266 ApprVai 0.00POMPANO BEACH, PL 330620000 Just%lal 0.00ia1€ssW012005 S0.001; U A"d 0.005."1f2005 $130,000,001t U Exm. pt0,00d12p12005 50.001J J Taxable 0.00 7 FEBRUARY 21, 2008 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 5 OF 6 V. OPEN PUBLIC HEARING CONTINUED, Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 08-002-SSA continued. Application will be forwarded in ordinance form fora final Public Hearing on March 18, 2008 before City Council. C. Consider Rezoning Petition No. 08-001-R submitted by Vikki Aaron on behalf of property owner Sheri Lachapelle. The petition is to change the zoning designation from Residential Single Family -One (RSF-1) to Residential Multi -Family (RMF) for property located at 813 Southwest 2"a Street and is approximately 1.31 acres. This petition is associated with Comprehensive Plan Small Scale Future Land Use Map Amendment Application 08-002-SSA - Planning Consultant. Board Member Maxwell stated, he can appreciate her application and project, but still concerned that this is at the northern most point of a large piece of undeveloped land that we have had repeated application for MF and does not see how the future land use should be MF and continue to take the position that none of the others should be. We continue to nibble away at the edges. I do not think this adequately rebuffs the domino effect. Should I be an adjacent owner, I feel that I would have a good reason to ask for something more that SF is granted. My opposition is to the trend that we have been wrestling within this area. Board Member McCoy stated this area does not have the same character that it had 30, 40 years ago. Highway 70 is not a two lane tract that gets a few trucks on it anymore. To think that we can stop the trend and keep the same character is probably not realistic. Board Member Maxwell declared, we keep trying to draw a line anywhere from 15`h to South Park and we keep moving and pushing it around. Board Member McCoy stated the property across the street are already duplexes. Board Member Maxwell reiterated, he would rather keep it as it is. Where do you draw the line? Vice Chair Hoover moved to approve Future Land Use Map Amendment Application No. 08-002-SSA with the stipulate qa the change in zoning is Residential Single Family - Two (RSF-2) and recommend to City Council to change Future La Use from Single Family (SF) to Multi Family (MF); seconded by Board Member O'Connor. LEDFERD-YEA HOOVER -YEA KELLER - YEA BURROUGHS-ABSENT CLOSE -YEA MAXWELL-NAY MCCOY-YEA JUAREZ-ABSENT O'CONNOR-YEA MOTION CARRIED. IIApplication will be forwarded in ordinance form for a final Public Hearing on March 18, 2008 before City Council. Consider Rezoning Petition No. 08-001-R submitted by Vikki Aaron on behalf of property owner Sheri Lachapelle. The petition is to change the zoning designation from Residential Single Family -One (RSF-1) to Residential Multi -Family (RMF) for property located at 813 Southwest 2"d Street and is approximately 1.31 acres. This petition is associated with Comprehensive Plan Small Scale Future Land Use Map Amendment Application 08-002-SSA - Planning Consultant. Mr. Brisson presented the LaRue Planning Staff report of approval, with the condition of rezoning being changed Residential Single Family - Two (RSF-2). Staff suggests that a rezoning to RMF is not consistent with the Comprehens� Plan. Staff feels that zero lot line single-family development would be appropriate in that it could provide a limited increase in density and be compatible with whatever is developed on the properties to the east and south without generating undue impetus to further intensification of development on the single-family properties to the immediate west. The applicant agreed. FEBRUARY 21.2008 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 6 OF 6 V. OPEN PUBLIC HEARING CONTINUED. C. Consider Rezoning Petition No. 08-001-R continued. Application will be forwarded in ordinance form fora final Public Hearing on March 18, 2008 before City Council. CLOSE PUBLIC HEARING VI. NEW BUSINESS. A. Consider and discuss requests for amendments to the City's Land Development Regulations - Chairperson. VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land PlanningBoard 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 based. General Services media are for the sole purpose of backup for official records of the Department. William Ledferd, Chairperson ATTEST: Betty J. Clement, Secretary Vice Chair Hoover moved to approve and recommend to City Council Rezoning Petition No. 08-001-R to change the zoning from Residential Single Family -One (RSF-1) to Residential Single Family -Two (RSF-2) for property located at 813 SW 2nd Street; seconded by Board Member O'Connor. LEDFERD-YEA HOOVER -YEA KELLER-YEA BURROUGHS-ABSENT CLOSE -YEA MAXWELL-NAY MCCOY-YEA JUAREZ-ABSENT O'CONNOR-YEA MOTION CARRIED. 11 Application will be forwarded in ordinance form for a final Public Hearing on march 18, 2008 before City Council. CHAIRPERSON LEDFERD CLOSED THE PUBLIC HEARING AT 6:53 P.M. IIConsider and discuss requests for amendments to the City's Land Development Regulations. There were none There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 6:55 p.m. B%10h t 2 Mar ¢� 2oo8 Memorandum of Understanding Between Florida Trail Association and the City of Okeechobee This Memorandum of Understanding (MOU) is entered into by and between Florida Trail Association, a 501(c)(3) non-profit Florida organization, located at 5415 SW 1 P Street, Gainesville, FL 32608, hereinafter referred to as FTA, and City of Okeechobee located at 55 SE Third Avenue, Okeechobee, Florida 34974, hereinafter referred to as Gateway Community. Purpose: The purpose of this MOU is to promote natural Florida as a destination for visitors to the state who increasingly ask for outdoor experiences and places to hike. Statement of Mutual Interests and Benefits: FTA is dedicated to building, maintaining, promoting, and protecting a 1,400 mile long distance hiking trail through the state of Florida, called the Florida Trail (FT), providing a variety of outdoor experiences throughout Florida to connect visitors to the wonders of nature. The Gateway Community is near FT which offers basic tourism amenities and can be marketed as a nature -based tourism destination, resulting in local economic stimulus and increased public awareness of natural Florida. This MOU is established between FTA and Gateway Community to help each other accomplish mutually beneficial objectives: A. Educate local businesses of the value of the FT as an economic resource. B. Enable both parties to apply for targeted grants to assist in the community's efforts towards nature -based tourism development, economic development, and trail -related infrastructure development through the development of promotional products, educational resources or signature events. C. Increased usage and awareness of the FT attracting more eco-tourists to local communities. D. Promote responsible tourism development within the community and support of the FT. In consideration of the above premises, the parties agree as follows: FTA shall: 1. Promote the Gateway Community as a destination through its website and other media. 2.Offer outreach materials to the community such as brochures, newsletters, posters, displays, etc. 3. Provide detailed information on hiking opportunities near the community which can be reproduced and distributed to visitors to Gateway Community. 4. Provide periodic guided hikes that depart from the Gateway Community. 5. Provide support at local festivals or other community events to encourage interest in the Florida Trail when possible. 6. Provide two standard size metal signs with the Florida Trail Gateway Community logo for posting at the entrances to Gateway Community. 7. Regularly maintain the section(s) of the Florida Trail near the Gateway Community so that casual day hikers can easily locate and follow it. Gateway Community shall: 1. Include the FT and the FTA in their promotional materials. 2. Make Florida Trail information available to the public at the local visitor centers and/or Chamber of Commerce and provide space for a FTA display or wall mounted poster. 3. Work with the local FTA contact to promote periodic guided hikes or events 4. Assist in promoting special designations such as Florida Hiking Trails Month in February and National Trails Day the first Saturday in June. 5. Monitor the number of visitors who are seeking the Gateway Community as a destination for hiking. 6. Attract businesses that support nature -based tourism such as outfitters, hostels, and shuttling services and assure that FTA maps and guides will be available from a business in town for visitors to purchase. 7. Encourage local businesses to provide discounts on accommodations or special weekend packages for visitors who show their FTA membership card. 8. Install the two Florida Trail Gateway Community signs at the entrances of the community as soon as possible after the issuance of the Proclamation. We, the undersigned, have agreed on the contents of this MOU. Any changes must be agreed to by both parties. Florida Trail Gateway Community —Okeechobee Signed. James E. Kirk, Mayor Florida Trail Association, Inc. Signed Date Deborah Stewart -Kent, Executive Director Date • Page 1 of 2 40 robin brock From: <judytrotta@floridatrail.org> To: "robin brock" <rbrock@cityofokeechobee.com> Cc: "Paul & Sherry Cummings" <cummingssh@juno.com> Sent: Wednesday, January 02, 2008 5:23 PM Subject: Re: Florida Trail Gateway Community Robin, In response to your concerns about the cost to the City of Okeechobee for the agreements in the Memorandum of Understanding between Florida Trail Association and the city, please be assured that there are no direct costs involved. I've made some notes next to the eight items on the MOU as follows: Gateway Community shall: 1. Include the FT and the FTA in their promotional materials. (Any brochures or promotional material the city may produce, we ask that you include the Florida Trail in it. Feel free to contact us for specific information when the time comes.) 2. Make Florida Trail information available to the public at the local visitor centers and/or Chamber of Commerce and provide space for a FTA display or wall mounted poster. (We will provide the brochures and promotional pieces. We just ask that you provide space at the locations.) 3. Work with the local FTA contact to promote periodic guided hikes or events. (The local Florida Trail representative —Paul Cummings —will let you know when such activities are planned in the area, such as the Big O Hike which takes place during Thanksgiving week.) 4. Assist in promoting special designations such as -Florida Ifiking Trails Month in February and National Trails Day the first Saturday in June. (Information about these special designations will be provided by your local Florida Trail representative or directly from the main office. We just ask that you include any special activities connected with them in your calendar or other means of getting information out to residents and visitors.) 5. Monitor the number of visitors who are seeking the Gateway Community as a destination for hiking. (This can be done at the local visitor center or chamber of commerce office where the bulk of our promotional materials will be kept for the public. Another way would be at inns, motels, or bed & breakfasts or even outfitter stores where a guest or customer mentions the Florida Trail as their destination.) 6. Attract businesses that support nature -based tourism such as outfitters, hostels, and shuttling services and assure that FTA maps and guides will be available from a business in town for visitors to purchase. (A suggestion would for the local economic development bureau to provide information about the Florida Trail on their website or to potential new businesses in the area and include the fact that Okeechobee is a Gateway Community to the Florida Trail. Maps and guides are available for purchase from the Florida Trail office.) 7. Encourage local businesses to provide discounts on accommodations or special weekend packages for visitors who show their FTA membership card. (Simply suggesting at chamber meetings or other business gatherings that such benefits would encourage more eco-tourism to the city and draw Florida Trail members to Okeechobee. Members are already supporters of the Florida Trail and would be encouraged to patronize local businessess who provide discounts.) 8. Install the two Florida Trail Gateway Community signs at the entrances of the community as soon as possible after the issuance of the Proclamation. (The signs will be provided to the city; the city would then request a permit from FDOT to install them at two entrances to the city.) We appreciate your interest in the Florida Trail Gateway Community designation opportunity and look forward to welcoming Okeechobee as our next one. Please let me know if you have any further questions. You may also 1 /8/2008 0 0 Page 2 of 2 contact Paul Cummings directly, if you wish, by e-mail. Judy Trotta, Program Director Florida Trail Association 5415 SW 13th Street Gainesville, FL 32608 352-378-8823 or 877-HIKE-FLA www floridatrail.or ---- Original Message From: robin brock To: fudytro_tta@floridatrail_.org Cc: Brian Whitehall Sent: Wednesday, January 02, 2008 10:48 AM Subject: Florida Trail Gateway Community Good Morning, Ms. Trotta. Happy New Year.! We are in hopes of a prosperous new year for the City of Okeechobee, as we wish the same for you. In regard to the Florida Trail MOU in which you emailed in November 2007., we have some questions. Although we are very supportive of your efforts in the matter, and we would love to be a part of this promising and worthwhile project, we as a municipality do not have the funds to accommodate the items listed in the MOU. We are planning to add your proclamation to the agenda for our next City Council meeting, which is January 15th. I do not know if we can approve the MOU. Maybe you could clarify exactly what would be expected of the City. Thank you for your cooperation in this matter. I look forward to hearing from you. Robin Brock Executive Secretary City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 863-763-3372, Ext. 212 -office 863-763-1686 - facsimile rbr_ock@cityofoke_echobee._c_om 1 /8/2008