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2008-03-18CITY OF OKEECHOBEE MARCH 18, 2008 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 8 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II I. CALL TO ORDER - Mayor: March 18, 2008, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given 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 Okeechobee as a "Florida Trail Gateway Community." Mayor Kirk called the March 18, 2008 Regular City Council Meeting to order at 6:00 p.m. Pastor Dawson of the First United Methodist Church offered the invocation; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Absent Present Absent Present Present Present The proclamation was presented to Mr. Paul Cummings and read in its entirety by Mayor Kirk as follows: "WHEREAS, the City of Okeechobee is in close proximity of the Florida National Scenic Trail; and WHEREAS, the Florida National Scenic Trail (Florida Trail) is one of eight National Scenic Trails in the country; and WHEREAS, the Florida Trail Association is the founder of the Florida Trail and continues as Florida's volunteer organization for developing and maintaining hiking trails throughout the State; and WHEREAS, such hiking trails provide a year-round source of pleasure and recreation to Florida's citizens and visitors to Florida; and WHEREAS, many of the citizens in and around the community of Okeechobee and other visitors and citizens of Florida are becoming more health conscious and are turning to hiking as one of the major forms of maintaining a healthy 7 MARCH 18, 2008 - REGULAR MEETING - PAGE 2 OF 8 AGENDA� COUNCIL ACTION - DISCUSSION - VOTE. IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. A. Proclaim Okeechobee as a "Florida Trail Gateway Community' body; and WHEREAS, the community of Okeechobee is an ideal destination for many of today's visitors to continued. the Sunshine State; and WHEREAS, Okeechobee County offers a variety of outdoor and cultural experiences to residents and visitors; and WHEREAS, available supporting services and facilities such as lodging and restaurants make Okeechobee an outstanding heritage and nature -based tourism destination; and WHEREAS, casual walkers, day hikers, and weekend backpackers want to enjoy the Florida Trail and the community of Okeechobee can provide the gateway to their experience. NOW THEREFORE,►, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim Okeechobee a FLORIDA TRAIL GATEWAY COMMUNITY and commends the Florida Trail Association for its work in developing and maintaining Florida's hiking trails and further encourages all residents of and visitors to Okeechobee to take V. MINUTES - City Clerk. a hike on the Florida Trail." 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 August 27, 2007 City, County and School August 27, 2007 City, County and School Board Joint Workshop and March 4, 2008 Regular Meeting, seconded by Board Joint Workshop and March 4, 2008 Regular Meeting. Council Member L. Williams. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the February 2008 Warrant Register: General Fund ................................ $364,283.07 Capital Improvement Projects Fund - Vehicles ........ $68,688.00 Public Facility Improvement Fund .................. $15,403.89 Community Development Block Grant Fund .......... $1,869.00 VII. AGENDA - Mayor. Council Member Watford moved to approve the February 2008 Warrant Register in the amounts: General Fund, three hundred sixty-four thousand, two hundred eighty-three dollars and seven cents ($364,283.07); Capital Improvement Projects Fund - Vehicles, sixty-eight thousand, six hundred eighty-eight dollars ($68,688.00); Public Facility Improvement Fund, fifteen thousand, four hundred three dollars and eighty-nine cents ($15,403.89) and Community Development Block Grant Fund, one thousand, eight hundred sixty-nine dollars ($1,869.00); seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Kirk asked whetherthere were any requests for the addition, deferral or withdrawal of items on today's agenda? agenda. There were none. It was noted that the public hearing items will need to be rearranged and heard as B. C. A D. MARCH 18, 2008 - REGULAR MEETING - PAGE 3 OF 8 i COUNCIL ACTION -DISCUS fN-VOLE AGENDAIII y 4 Vlll. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:08 P.M. B.1. a) Motion to read by title only, proposed Ordinance No. 1012, Council Member Watford moved to read by title only, proposed Ordinance No. 1012, regarding Comprehensive Plan regarding Comprehensive Plan Future Land Use Map Amendment Future Land Use Map Amendment Application No. 08-001-SSA, submitted by Jeb Acuff on behalf of the property Application No. 08-001-SSA, submitted by Jeb Acuff on behalf of owner, VNA of Florida, Inc., revising the designated property from SF to C; seconded by Council Member C. Williams. the property owner, VNA of Florida, Inc., revising the designated property from SF to C - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1012 by title only. Mayor Kirk read proposed Ordinance No. 1012 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEE COMPREHENSIVEPLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE''! PARTICULARL YDESCRIBEDHEREINFROMSINGLEFAMIL YTO COMMERCIAL; PROVIDINGFORINCLUSION OFORDINANCEAND REVISED FUTURELAND USEMAPIN THE COMPREHENSIVEPLAN; PROVIDING FORAN EFFECTIVE DATE. " 2. a) Motion to adopt proposed Ordinance No. 1012. 111 Council Member Markham moved to adopt proposed Ordinance No. 1012; seconded by Council Member C. Williams. b) Public comments and discussion. City Planning Consultant, Mr. Bill Brisson presented the Planning Staff Analysis and Planning Board review, who unanimously recommended approval, after discussing the application at their February 21, 2008 meeting. Planning Staff Report findings: A. The proposed use is consistent with the land use categories and plan policies. B. Regarding adequacy of public facilities, the applicant has not submitted information regarding the projected demand on the OUA water and sewer facilities nor an estimate of traffic generation. However, it is not believed that the development would adversely affect the City's ability to maintain its adopted levels of service. C. The proposed use appears to be compatible with adjacent and nearby land uses. The surrounding Future Land Use designations are commercial. Zoning districts are RMF and CBD to the North, CPO to the East and South with RMF as well and light commercial to the West. The existing uses are professional offices, single and multi -family homes and retail stores. Mayor Kirk asked whether there were any questions or comments from the public? Mr. Acuff was present to answer questions the Council may have. The only matter noted was meeting parking regulations. Mr. Brisson briefly discussed, it is known that there will be difficulty meeting the requirements, and the site plan will be reviewed very carefully. Most likely, the applicant will need to request a reduction in the parking regulations by the Council. MARCH 18, 2008 - REGULAR MEETING - PAGE 4 OF 8 AGENDA iii _ - ; _ COUNCIL ACTION -, DISCUSSION- VOTE VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. C.1. a) Motion to read by title only, proposed Ordinance No. 1013, Council Member Watford moved to read by title only, proposed Ordinance No. 1013, regarding Comprehensive Plan regarding Comprehensive Plan Future Land Use Map Amendment Future Land Use Map Amendment Application No. 08-002-SSA, submitted byVikki Aaron, on behalf of property owner Application No. 08-002-SSA, submitted by Vikki Aaron, on behalf of Sheri Lachapelle, revising the designated property from SF to MF; seconded by Council Member L. Williams. property owner Sheri Lachapelle, revising the designated property from SF to MF - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. III KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1013 by title only. Mayor Kirk read proposed Ordinance No. 1013 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PART►CULARL YDESCRIBED HEREINFROM SINGLEFAMILYTO MULTI-FAM1L YPROVIDING FOR INCLUSION OFOROINANCEANDREVISED FUTURELANDUSEMAPINTHE COMPREHENSIVE PLAN, PROVIDINGFORAN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 1013. 111 Council Member Markham moved to adopt proposed Ordinance No. 1013; seconded by Council Member C. Williams. b) Public comments and discussion. Mr. Brisson presented the Planning Staff Report and Planning Board recommendation of approval, although not unanimous. Mr. Kenneth Breaux was present for the applicant to answer any questions. Planning Staff Reportfindings: A. The application, with the amendment of the zoning petition, is consistent with the Land Use Categories and Comprehensive Plan Policies. B. The proposed use is found to have adequate public facilities. C. There is compatibility with adjacent and nearby land uses. The surrounding uses include multi -family residences, and vacant properties. The surrounding zoning is RMF, Holding and RSF-1 with Future Land Use designations of MF and SF. D. The proposed use was found to be in compliance with specific standards of the plan. Mayor Kirk asked whether there were any questions or comments from the public? There were none. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. 110 �Z. MARCH 18, 2008 - REGULAR MEETING - PAGE 5 OF 8 AGENDA - r x �_ COUNCIL ACTION - DISCUSSION - VOTE , Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. 11F A. 1. a) Motion to read by title only, for proposed Ordinance No. 1011 Council Member Watford moved to read by title only, for proposed Ordinance No. 1011 regarding Rezoning No. 08- regarding Rezoning No. 08-001-R, submitted by Sheri Lachapelle, 001-R, submitted by Sheri Lachapelle, to change the zoning district from RSF-1 to RSF-2 for property located at 813 to change the zoning district from RSF-1 to RSF-2 for property Southwest 2A Street; seconded by Council Member L. Williams. located at 813 Southwest 2"d Street - City Planning Consultant (Exhibit 1). VOTE b) Vote on motion to read by title only. III KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1011 by title only. Mayor Kirk 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." 2. a) Motion to adopt proposed Ordinance No. 1011. 111 Council Member Markham moved to adopt proposed Ordinance No. 1011; seconded by Council Member C. Williams. b) public comments and discussion. Mr. Brisson presented the Planning Staff Report. The petition has been reviewed by the Planning Board, and they are recommending the adoption of the ordinance to change the zoning with a change to RSF-2 from the original request of RMF. This still requires the MF land use change, which was approved in the previous matter. Planning Staff Findings: 1. The proposed use is not contrary to the Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district. 3. The proposed use will not have an adverse effect on the public interest. 4. The use is appropriate for the location proposed, it is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The property to the North has a zoning and future land use designation of MF and is being used as multi -family residence. To the East and South is zoned Holding and RMF, with a future land use designation of MF. However, the property is vacant. To the West is zoned RSF-1, future land use is SF and its also vacant. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. 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. 10. The proposed change will not constitute a grant of special privilege. MARCH 18, 2008 - REGULAR MEETING -PAGE 6 OF 8 AGENDA »i :s W: COUNCIL ACTION. - QISCUSSION -VOTE w JI VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) public comments and discussion continued. 111 Mayor Kirk asked whether there were any questions or comments from the public? There were none. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. D.1. a) Motion to ready title only, proposed Ordinance No. 1014, regarding Council Member Watford moved to ready title only, proposed Ordinance No. 1014, regarding Alley Closing Application Alley Closing Application No. 87, submitted by LEMAC, LLC No. 87, submitted by LEMAC, LLC (Affordable Auto), closing the North to South Alleyway between Lots 1 through 3' (Affordable Auto, closing the North to South Alleyway between Lots and 7 through 9 of Block 7, South Okeechobee; seconded by Council Member C. Williams. 1 through 3 and 7 through 9 of Block 7, South Okeechobee - City Attorney (Exhibit 4). b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1014 by title only. Mayor Kirk read proposed Ordinance No. 1014 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 7, SOUTH OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 7 OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITYCLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2, a) Motion to adopt proposed Ordinance No. 1014. "' Council Member Markham moved to adopt proposed Ordinance No. 1014; seconded by Council Member C. Williams. b) Public comments and discussion. Mayor Kirk asked whether there were any questions or comments from the public? There were none. The council briefly discussed the uniqueness of this alley, as the South half has already been closed, creating a dead-end and no easements are being required from the utility companies. The applicant has also obtained a quit claim deed for the entire 15 feet, as the adjoining property owner did not wish to assume ownership of their portion. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. 0 MARCH 18, 2008 - REGULAR MEETING - PAGE 7 OF 8 AGENDA � � � � iII v :. COUNCIL ACTION - DISCUSSION VOTE CLOSE PUBLIC HEARING - Mayor. IX. NEW BUSINESS. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:38 P.M. A. 1. a) Motion to ready by title only, and set April 1, 2008 as a final public Council Member Watford moved to ready by title only, and set April 1, 2008 as a final public hearing date for proposed hearing date for proposed Ordinance No. 1015, regarding Ordinance No. 1015, regarding Standards of Constructing Private Driveways, Increase in Permit Fee, and Minimum Standards of Constructing Private Driveways, Increase in Permit Requirements; seconded by Council Member C. Williams. Fee, and Minimum Requirements - City Attorney (Exhibit 5). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1015 by title only. Mayor Kirk read proposed Ordinance No. 1015 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 360, AS AMENDED, WHICH ESTABLISHED STANDARDS OF CONSTRUCTION FOR PRIVATE DRIVEWAYS UPON OR ACROSS PUBLIC PROPERTY; PROVIDING FOR AN INCREASE IN THE PERMIT FEE, PROVIDING FOR AN AMENDMENT IN THE MINIMUM REQUIREMENTS; PROVIDING FOR CONFLICTS ANDSEVERABILITY; PROVIDING FORANEFFECTIVE DATE."'! 2. a) Motion to approve the first reading of proposed Ordinance No. 111 Council Member Markham moved to approve the first reading of proposed Ordinance No. 1015; seconded by Council 1015. Member L. Williams. b) Discussion. IIIThere was a brief discussion on the proposed language change. The fee was established in 1972 and has not been changed since and the diameter size from 15 to 12 is a minimum, but still at the discretion of Director Robertson. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. B. Motion to adopt proposed Resolution No. 08-04 to endorse a Council Member Watford moved to adopt proposed Resolution No. 08-04 to endorse a funding request to Congress funding request to Congress from Amtrak - City Administrator from Amtrak; seconded by Council Member C. Williams. (Exhibit 6). Mayor Kirk read proposed the title of proposed Resolution No. 08-04 as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA ENDORSING FUNDING REQUESTS TO DEVELOP RAIL CORRIDORS INTENDED TO BRING STABILITY TO THE NATION'S RAIL PASSENGER NETWORK, PROVIDE STATES THE FUNDING NEEDED TO DEVELOP SUCCESSFUL RAIL CORRIDORS; PROVIDING FOR AN EFFECTIVE DATE." MARCH 18, 2008 - REGULAR MEETING - PAGE 8 OF 8 85 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED. 7 B. Motion to adopt proposed Resolution No. 08-04 to endorse a VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA funding request to Congress from Amtrak continued. C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. y_ C. 4otipn to approve a Fire Medical Director Agreement between the Council Member C. Williams moved to approve a Fire Medical Director Agreement between the City and J. Michael City and J. Michael Adelberg, M.D., FAEP - City Administrator/Chief Adelberg, M.D., FAEP; seconded by Council Member Markham. Smith (Exhibit 7). Council Member Watford noted his thanks to Chief Smith and all who have been involved in the process to get this accomplished. Council Member C. Williams commented the insurance coverage is required. However, he suggested the City request a copy of both the certificate of professional liability and workers' compensation. The Mayor and Council agreed. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED, X. ADJOURN MEETING - Mayor. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 6:49 P.M. Please take notice and be advised that when a person decides to appeal any The next Regular Meeting is scheduled for April 1, 2008. OcisionOmade by the City Council with respect -to any matter considered at this uaeetrag, h4she 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, James E. Kirk, Mayor ATTEST: - ; Lane amiotea, CMC, City Clerk i Page -1- CITY OF OKEECHOBEE - March 18, 2008 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES Yale�fae I. CALL TO ORDER - Mayor: Kirk on March 18, 2008 City Council Regular Meeting 6:00 p.m. II. OPENING CEREMONIES: Invocation aiven by Pastor Jim Dawson First United Methodist Church; Pledge of f 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 0 0 0 0 0 0 e X it X IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim Okeechobee as a "Florida Trail Gateway Community." X RECORDS The proclamation was presented to Mr. Paul Cummings and read in its entirety by Mayor Kirk as follows: "WHEREAS, the City of Okeechobee is in close proximity of the Florida National Scenic Trail; and WHEREAS, the Florida National Scenic Trail (Florida Trail) is one of eight National Scenic Trails in the country; and WHEREAS, the Florida Trail Association is the founder of the Florida Trail and continues as Florida's volunteer organization for developing and maintaining hiking trails throughout the State; and WHEREAS, such hiking trails provide a year-round source of pleasure and recreation to Florida's citizens and visitors to Florida; and WHEREAS, many of the citizens in and around the community of Okeechobee and other visitors and citizens of Florida are becoming more health conscious and are turning to hiking as one of the major forms of maintaining a healthy body, and WHEREAS, the community of Okeechobee is an ideal destination for many of today's visitors to the Sunshine State, and WHEREAS, Okeechobee County offers a variety of outdoor and cultural experiences to residents and visitors; and WHEREAS, available supporting services and facilities such as lodging and restaurants make Okeechobee an outstanding heritage and nature -based tourism destination, and WHEREAS, casual walkers, day hikers, and weekend backpackers want to enjoy the Florida Trail and the community of Okeechobee can provide the gateway to their experience. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim Okeechobee a FLORIDA TRAIL GATEWAY COMMUNITY and commends the Florida Trail Association for its work in developing and maintaining Florida's hiking trails and further encourages all residents of and visitors to Okeechobee to take a hike on the Florida Trail." Paul Appreciate what you have been doing on the trail, okeechobee section most used, rest stops installed periodically, used by all types of walkers, riders, runners, make this something that stays together always. V. MINUTES - City Clerk. A. Council Member C. Williams moved to dispense with the reading and approve the Summary of Council Action for the August 27, 2007 City, County and School Board Joint Workshop and March 4, 2008 Page -2- 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. VI. WARRANT REGISTER - City Administrator. A. Council Member Watford moved to approve the February 2008 Warrant Register in the amounts: General Fund, three hundred sixty-four thousand, two hundred eighty-three dollars and seven cents ($364,283.07); Capital Improvement Projects Fund - Vehicles, sixty-eight thousand, six hundred eighty-eight dollars ($68,688.00); Public Facility Improvement Fund, fifteen thousand, four hundred three dollars and eighty-nine cents ($15,403.89) and Community Development Block Grant Fund, one thousand, eight hundred sixty-nine dollars ($1,869.00); seconded by Council Member Markham. 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. VII. AGENDA - Mayor. A. Mayor Kirk asked whether there were any additions, deferrals or withdrawals of items on today's agenda? BW change in public hearing order to be B, C, A. Vlll. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:08 P.M. A. S.1. a) Council Member Watford moved to read by title only, proposed Ordinance No. 1012, regarding Comprehensive Plan Future Land Use Map Amendment Application No. 08-001- SSA, submitted by Jeb Acuff of behalf of the property owner, VNA of Florida, Inc., revising the designated property from SF to C - City Planning Consultant (Exhibit 2); seconded by Council Member C. Williams. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. c) Mayor Kirk read proposed Ordinance No. 1012 by title only as follows: " AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDA AMENDING THE CITY OFOKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE N0.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ONA CERTAIN TRACT OFLAND MOREPARTICULARL YDESCRIBEDHEREINFROMSINGLEFAMIL Y TO COMMERCIAL; PROVIDING FORINCLUSIONOFORD/NANCEANDREVISEDFUTURELAND USE MAP 1N THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. " 2. a) Council Member Markham moved to adopt proposed Ordinance No. 1012; seconded by Council Member C. Williams. b) Public comments and discussion. Bill Brisson presented the Planning Staff Analysis and Planning Board review, unanimously recommending Page -3- approval, discussed at their February 21, 2008 meeting. Planning Staff denotes issues with missing information. The parcel is zoning RMF and future land use is SF so a mapping change would have to be completed in order for the property to be developed. Commercial designation will allow some relief on the parking requirements than the RMF. Lowry and you made it clear to him that the site plan will have to still be approved and meet all the requirements. Bill correct and he is aware of all the requirements and has made some adjustments to the preliminary site plan. Demand on public facilities was not submitted, planning staff went ahead and created a normal scenario based on the information in the application. Bill reviewed the scenario that is listed in the staff report. Planning Staff Report findings: A. The proposed use is consistent with the land use categories and plan policies. B. Adequacy of public facilities. The applicant has not submitted information regarding the projected demand on the OUA water and sewer facilities nor an estimate of traffic generation. However, it not believed that the development would adversely affect the city's ability to maintain its adopted levels of service. C. Compatibility with Adjacent and Nearby land Uses. To the north is FLU - C, RMF & CBD Zoning, and used as a professional offices and vacant. East is FLU-C, CPO Zoning and is vacant, but will be in conjunction with this proposed use. South FLU is C & SF, Zoning is CPO & RMF with single and multi -family homes. To the West FLU is C, zoning is CLT & CBD with retail stores. Jeb Acuff, Project Manager for VNA, 2400 SE Monterey Road, Suite 300, Stuart, Florida. Here to answer questions. Dowling appreciate all the information you provided, distrubed to know there is a parking issues, want you know going into this that I don't like that. Jeb - understand, have a lot of good information. Dowling, area seems to be a good location. Lowry yes and they own the property to the east as well. Dowling and provide a good service to the community. Letters? No not sent out, small scale, will be sent when rezoning petition is processed. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. B. 0. 1. a) Council Member Watford moved to read by title only, proposed Ordinance No. 1013, regarding Comprehensive Plan Future Land Use Map Amendment Application No. 08-002- SSA, submitted by Vikki Aaron, on behalf of property owner Sheri Lachapelle, revising the designated property from SF to MF - City Planning Consultant (Exhibit 3); 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 C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. c) Mayor Kirk read proposed Ordinance No. 1013 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE N0.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAINTRACT OFLANDMOREPARTICULARL YDESCRIBED HEREINFROMSINGLEFAMILY TO MUL TI-FAMIL YPROVIDING FOR INCL USION OFORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE.,, 2. a) Council Member Markham moved to adopt proposed Ordinance No. 1013; seconded by Council Member C. Williams. b) Public comments and discussion. None. Page -4- Bill Brisson presented the planning staff report and planning board recommendation of approval, although not unanimous. Question on the future land use and zoning which one comes first (get info from cd). Lowry same question. Kenneth Breaux present for the applicant to answer any questions. Set this basis for RSF-2 and would not be easy to overturn the information and facts. Planning staff report findings: A. Consistency with the Land Use Categories and Plan Policies. B. Concurrency of Adequate public facilities. C. Compatibility with Adjacent and nearby land uses. The property to the north has a zoning and future land use designation as MF as well as being used as multi -family residence. To the East and South is zoned Holding and RMF, with a future land use designation of MF. However, the property' are vacant. To the West is zoned RSF-1, future land use as SF and is also vacant. D. Compliance with Specific standards of the plan. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. C. A. 1. a) Council Member Watford moved to read by title only, 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 C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. c) Mayor Kirk read proposed Ordinance No. 1011 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE 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.11 2. a) Council Member Markham moved to adopt proposed Ordinance No. 1011; seconded by Council Member C. Williams. b) Public comments and 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. Current FLU is SF. Zoning is RSF-1. Property is vacant. Unplatted and is approximately 1.31 acres. SSA application to change FLU map to MF will make maps consistent. Staff findings: 1. The proposed use is not contrary to the Comp Plan requirements. 2. The proposed use bing applied of ris specifically authorized under the zoning district. 3. The proposed use will not have na adverse effect on the public interest. 4. The use is appropriate for the location proposed, it is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The property to the Page -5- north has a zoning and future land use designation as MF as well as being used as multi -family residence. To the East and South is zoned Holding and RMF, with a future land use designation of MF. However, the property' are vacant. To the West is zoned RSF-1, future land use as SF and is also vacant. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. 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, ro otherwise affect public safety. 9. The proposed use has not bee inordinately burdened by unnecessary restrictions.10. The proposed change will not constitute a grant of special privilege. Made it abundantly clear that the only multi family will be the RSF-2. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. D.1. a) Council Member Watford moved to ready title only, proposed Ordinance No. 1014, regarding Alley Closing Application No. 87, submitted by LEMAC, LLC (Affordable Auto, closing the Morth to South Alleyway between Lots 1 through 3 and 7 through 9 of Block 7, City of Okeechobee - City Attorney (Exhibit 4); seconded by Council Member C. Williams. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. c) Mayor Kirk read proposed Ordinance No. 1014 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAYAS DESCRIBED HEREIN, WITHIN BLOCK 7, SOUTH OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 7 OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 1014; seconded by Council Member C. Williams. b) Public comments and discussion. None. Lowry, quit claim deed situation clears things up, dead end alley, no utilities, but still fill strongly about closing them, need them for buffers as well between residences and commercial uses, need to watch these. Dowling, making progress on the regulations and fees? Brian, found that flooding and fees have been some of the response to date. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X Page -6- C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:38 P.M. IX. NEW BUSINESS. A.1. a) Council Member Watford moved to ready by title only, and set April 1, 2008 as a final public hearing date for proposed Ordinance No. 1015, regarding Standards of Constructing Private Driveways, Increase in Permit Fee, and Minimum Requirements - City Attorney (Exhibit 5); seconded by Council Member C. Williams. b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. C) Mayor Kirk read proposed Ordinance No. 1015 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO.360, AS AMENDED, WHICH ESTABLISHED STANDARDS OF CONSTRUCTION FOR PRIVATE DRIVEWAYS UPON OR ACROSS PUBLIC PROPERTY; PROVIDING FOR AN INCREASE IN THE PERMIT FEE; PROVIDING FOR AN AMENDMENT IN THE MINIMUM REQUIREMENTS; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 1015; seconded by Council Member L. Williams. b) Discussion. Dowling, culvert diameter from 15 to 12 inch. Prior code read minimum of 15, some areas could accommodate 12 inch diameter. Lowry, what about putting a 12 and 15 upstream, Donnie that wont happen, just need it to split water in middle of block. C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. B. Council Member Watford moved to adopt proposed Resolution No. 08-04 to endorse a funding request to Congress from Amtrak - City Administrator (Exhibit 6); seconded by Council Member C. Williams. Mayor Kirk read proposed Resolution No. 08-04 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA ENDORSING FUNDING REQUESTS TO DEVELOP RAIL CORRIDORS INTENDED TO BRING STABILITY TO THE NATION'S RAIL PASSENGER NETWORK; PRO VIDESTA TES THE FUNDING NEEDED TO DEVELOP SUCCESSFUL RAIL CORRIDORS; PROVIDING FOR AN EFFECTIVE DATE." VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X Page -7- C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. C. Council Member C. Williams moved to approve a Fire Medical Director Agreement between the City and J. Michael Adelberg, M.D., FAEP - City Administrator/Chief Smith (Exhibit 7); seconded by Council Member Markham. Dowling, thank fire chief and all involved, been a process to get done, not a lot of choice, have to do this. C. Williams, certificate of insurance to show he has professional liability. Page 3, Brian to obtain a copy of the proof of insurance. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. X. MAYOR KIRK ADJOURNED THE MEETING AT 6:49 P.M. �'9 AV IT OF PUBLISHER OKEECHOBEE TIMES 106 S.E. 5th St., Okeechobee, FL 34974 (863) 763-7583 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 03/13/2008 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. James #.. Hughes, Jr., (Publisher) 0 Sworn to and subscribed before me this / S --Zk day of/ A.D. 2008 k. osealee A, Brennan Commission #DD318483 �. Expires: Jun 25, 2008 OF f�OP\� Bonded Thud r,,,,,`' Atlantic Bonding Co., hic. 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 18, 2008, 6;00 p.m, at 6:00 p.m. at City Hall, 55 SE.3rd Ave, Rm 200, Okeechobee, Florida The public s invited and eicouuged to attend. For a copy ofthe agenda contact City. Administration at (863). 763-3372 x 212 PLEASE TAKE NOTICE AND BE. AD- VISED that if any person desires to appeal any de- cision made bytbe city Council with respect to any matter. considered at this meeting, such interested person will need arecord ofthe proceedings, and for such propose may need to eisue averbatim record of the proceedings is made, which record includes the testimo� and evidence upon which the.appeal is m be based. _ City Clerk media we used for the sole purpose of back-up for the CL-Ws Office - in accord.. with the Americans, with Dis- abilities Act (ADA) aid Florida Stange 28626, per- sons with disabilities needing special accommoda-. tionto paitrcipate mthis Proceeding should contact i.ane tiamiotea, no l��e� than two (2) working days . .prior to the proceeding at. 863-763-3372, x214; if youare bearing mvorce impaired, ca11TDD 1=800- 222-3448 (voice) or 1-888-447-5620 (TTY)- by: James,& Kirk,Mayor Clerk 114 GamCity iotea, CMC, Publish: 031132008- Okeechubee Times CITY OF OKEECHOBEE MARCH 18, 2008 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 CALL TO ORDER - Mayor: March 18, 2008, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by 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 IV. PRESENTATIONS AND PROCLAMATION - Mayor. A. Proclaim Okeechobee as a "Florida Trail Gateway Community"- Mayor. V. W VII. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the August 27, 2007 City Council, County, and School Board Workshop and the March 4, 2008 Regular Meeting. WARRANT REGISTER - City Administrator. A. Motion to approve the February 2008 Warrant Register. General Fund $364,283.07 Capital Projects -Vehicles $ 68,688.00 Public Facilities Fund $ 15,403.89 CDBG Fund $ 1,869.00 AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. 1 ` A.1.a) Motion to read by title only proposed Ordinance No.1011, regarding Rezoning Application No. 08-001-R, submitted by Vikki Aaron, on behalf of property l� owner Sheri Lachapelle, to change the zoning designation from RSF-1 to RSF-2 for property located at 813 SW 2"d Street - City Planning Consultant (Exhibit 1). 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 adopt Ordinance No.1011. b) Public comments and discussion. c) Vote on motion. MARCH 18, 2008 PAGE 2 of 4 MARCH 18, 2008 PAGE 3 OF 4 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED - Mayor. (� )3.1.a) Motion to read by title only proposed Ordinance No. 1012, regarding Comprehensive Plan Future Land Use Map Amendment Application No. 08-001-SSA, submitted by Jeb Acuff on behalf of property owner, Visiting Nurse Association of Florida, Inc., revising the designated property from Single Family to Commercial - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1012 by title only. 2.a) Motion to adopt Ordinance No. 1012. b) Public comments and discussion. c) Vote on motion. C.1.a) Motion to read by title only proposed Ordinance No. 1013, regarding Comprehensive Plan Future Land Use Map Amendment Application No. 08-002-SSA, submitted by Vikki Aaron, on behalf of property owner Sheri Lachapelle, revising the designated property from Single Family to Multi -Family -City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1013 by title only. 2.a) Motion to adopt Ordinance No. 1013. b) Public comments and discussion. c) Vote on motion. DA.a) Motion to read by title only proposed Ordinance No.1014, regarding Alley Closing Application No. 87, submitted by LEMAC, LLC (Affordable Auto), closing the North to South Alleyway between Lots 1 through 3 and 7 through 9 of Block 7, Li*4 Okeechobee - City Attorney (Exhibit 4). b) Vote on motion to read by title only. MARCH 18, 2008 PAGE 4 OF 4 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED - Mayor. D.1.c) City Attorney to read proposed Ordinance No. 1014 by title only. 2.a) Motion to adopt Ordinance No. 1014. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. IX. NEW BUSINESS. A.1.a) Motion to read by title only and set April 1, 2008 as a final public hearing date for proposed Ordinance No. 1015, regarding Standards of Constructing Private Driveways, Increase in Permit Fee, and Minimum Requirements - City Attorney - (Exhibit 5). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1015 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1015. b) Discussion. c) Vote on motion. B. Motion to adopt proposed Resolution No. 08-04 to endorse a funding request to Congress from Amtrak - City Administrator (Exhibit 6). C. Motion to approve a Fire Medical Director Agreement between the City and J. Michael Adelberg, M.D., FAEP - City Administrator/Chief Smith (Exhibit 7). X. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. fZoc00�jZ.�rtip/L Office of the Mayor OKEECHOBEE, FLORIDA WHEREAS, the City of Okeechobee is in close proximity of the Florida National Scenic Trail; and WHEREAS, the Florida National Scenic Trail (Florida Trail) is one of eight National Scenic Trails in the country; and WHEREAS, the Florida Trail Association is the founder of the Florida Trail and continues as Florida's volunteer organization for developing and maintaining hiking trails throughout the State; and WHEREAS, such hiking trails provide a year-round source of pleasure and recreation to Florida's citizens and visitors to Florida; and WHEREAS, many of the citizens in and around the community of Okeechobee and other visitors and citizens of Florida are becoming more health conscious and are turning to hiking as one of the major forms of maintaining a healthy body; and WHEREAS, the community of Okeechobee is an ideal destination for many of today's visitors to the Sunshine State; and WHEREAS, Okeechobee County offers a variety of outdoor and cultural experiences to residents and visitors; and WHEREAS, available supporting services and facilities such as lodging and restaurants make Okeechobee an outstanding heritage and nature -based tourism destination; and WHEREAS, casual walkers, day hikers, and weekend backpackers want to enjoy the Florida Trail and the community of Okeechobee can provide the gateway to their experience. NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim Okeechobee a FLORIDA TRAIL GATEWAYCOMMUNITYand commends the Florida Trail Association for its work in developing and maintaining Floirda's hiking trails and further encourages all residents of and visitors to Okeechobee to take a hike on the Florida Trail. Attest: In witness whereof I have hereunto set my hand and caused this seal to be affixed. Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor Date: March 18. 2008 EXHIBIT NO. �_ MAR a - tar READ EXHIBIT NO. _ MAR 18 - FINAL' ORDINANCE NO. 1011 AN ORDINANCE OFTHE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO RESIDENTIAL 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, 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 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 _rHE 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 2NO 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 ALONG THE SAID CENTERLINE EXTENDED OF SOUTHWEST 9T" AVENUE, A DISTANCE OF 370.00 FEET, TO THE SOUTHEAST CORNNER 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 aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Single Family -One (RSF-1) Zoning District to Residential Single Family -Two (RSF- 2) Zoning District. The zoning for this parcel is subject to the further limitations of the Comprehensive Plan, FuturE? Land Use Element, Policy 2.6. SECTON 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 reaa+ing and set for final public hearing on this 41h 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 Master Land Development Application and Checklist: Rezone - Special Exception - Variance (Rev. 12/07) Date: PetitionNo.0 _00 _ F55S.�E. f Okeechobee Jurisdiction: Fee Pai G' al Services Department —Sb CSu Yd Avenue, Room 101 1" Hearing: .2° Hearinhobee; Florida 39974-2903 : (863) 763-3372, ex 218 Publication Dates: a/&A) 4 =,qo � Fax: (863) 763-1686 Notices Mailed: - (below for office use only) TN:amme Tof 1 perty owner(s) Sheri Lachapelle, Trustee 2 ng address: 2637 E: Atlantic Blvd. #266 Pompano Bch, FL 33062 3 licants) if other thanowner Not applicable 4 Applicant mailing address: 5 Name of contact person (state relationship): Vikki Aaron - agent 6 Contact person daytime phone(s): 863-467-4768 ME 011 Property address/directions to property: 813 SW 2nd _veneer Sf: 7 Describe current use of property: Vacant 8 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: 11 Have there been any land development applications submitted in the past year that involve any part of the property? L )NO (X )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 L� Yes If yes, describe the t 14 current and intended uses: T cribe uses on adjoining property to the: rth: Multi family residences t: vacant RMF South: vacant RMF and Holding West: Residential Single Family 16 Existing zoning: RSFl Future Land Use classification Single Family 17 Request is for: l x) Rezone Special Exception (_, Variance 18 Parcel Identification Number: 2-21-37-35—OA00-00007-0000 Master Land Development Application and Checklist: Rezone — Special Exception — Variance (Rev. 12/07) (below for office use only) "M Applicant's statement of interest in property 19 20 Last recorded warranty deed 21 Notarized letter of consent from property -owner (if applicant is different from property owner 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 number .22 b. Legal description . c. Computation of total acreage to nearest- tenth of an acre List of surrounding property owners with addresses and location sketch of the subject property. See the 23 Information Request Form from the Okeechobee Property Apyraiper's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Nonrefundable application fee: Re=63500; -Special Exception:S250; Variance:$250; all plus $30/acre. 1 hereby certify that the information in this application is correct. The information included in this 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. Sheri Lachapelle 01/21/08 Signature Printed Name Date For questions relating to this application packet, call the General Services Dept. at (863) 763-3372, ext. 218 Kezonmg-bpeeme lxppnuuuvu anu %.a,...+_..._. 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: l . 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 I of I 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. QUIT CLAIM DEED Return to: This instrument Prepared by: Rhonda M. Stemberg 8333 West McNab Rd, Ste 227 Tamarac, Florida 33321 FILE HUM 20050180045 OR QK. 00573 PG 1248 SHARON ROBERTSONr CLERK OF CIRCUIT COUF OKEECHOBEE COUNTYr FL RECORDED 08/18/2005 64:03*3 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 I0 . 2005, by SHERI LACHAPELLE a/k/a SHERI A. LACHAPELLE, a marred woman , Grantor, to SHERI A. LACHAPELLE, as TWer SHERI A. LACHAPELLE LIVING TRUST of which RAYMOND W. LAJR. and RHONDA M. STERNBERG are named as successor trustees, wiand authority to protect, conserve, sell, lease, encumber or otherwise to manageof the real property described below, whose post office addresses are respectively:�i 1. SHERRI A. LACHAPI � East Atlantic Boulevard #266, Pompano Beach, Florida 33062; 2. RAYMOND W. LA E, - 2637 East Atlantic Boulevard #266, Pompano Beach, Florida 33062; \ \ 3. RHONDA M. STERNB R — 3 McNab Road, Tamarac, Florida 33321; Hereinafter called the Grantee. (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" OR BK 00573 PG 31 �49 To Have and to Hold the same together with all and singular the appurtenancesthereto 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 said forever. In Witness Whereo r ereunto set Grantor's hand and seal on A& P . 2005. Signed, sealed and dShvered�presence of: ESTHER GELLER 8333 W. McNab Road Tamarac, Florida 33321 \ \ ABE GELLER Al 8333 W. McNab Road Tamarac, Florida 33321 STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on kSt5 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. Stem g, tary Public r Rhonda M. Stemberg IFCZConnission #DD214385 Expires: May 21, 2007 Bonded Thm ��' AdanticBondingCo_Inc. OR 4K 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 10`n 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 10TH AVENUE, a distance of 370.00 feet; thence run East a distance of 705.00 feet to the Southeast corner of lot IS, 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 parallelto 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 West 2"d Street, formerly known as Tuscaloosa Street, a distance of 400.8 e4 more or less; thence run Southwesterly along the are of said curve to the inter on ith the centerline extended of Southwest 9 h Avenue, a distance of 154.05 feet e 9nc South along the said centerline extended of Southwest `n Avenue, a distance o to the S. E. comer of Lot 18 and P.O.B. I1111ITVICIpl1ifN 11illIIiiiliIIIlilt FILE NUN 2005010449 OR BK 00562 PG 1959 SHARON ROBERTSONP CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY. FL This Instrument Prepared by and Return to: RECORDED 05/13/2005 11:10:45 AM RECORDING FEES 27.00 DEED DOC 0.70 Lake Okeechobee Title Inc RECORDED BY G Meubourn 210 NW Park Street Suite 201 Okeechobee, F1 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 Will Testamentary were duly issued on Fe 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 OR BK 00562 PG 1760 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 P. O. Box 1048 Webster, FL 33597 Printed Wifie ame Zee Witness Printed Witness Name STATE OF GEORGIA COUNTY OF PERSONALLY acknowledgements, Sharol who acknowledged that sh expressed. The foregoing instrument was White who is personally known to m� File No.: 05-1217 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 4go ,April, 2005, by Sharon J. �C11PL� �y identification. Notary l bli O' G C PUBLI 'per. Printed Not aM, %jN`' Page 2 of 2 OR BK 00562 PG 1761 "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 10t' 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 tha East line of SOUTHWEST 10TH 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 1' South West 2"d Street, formerly known as Tuscaloosa Street, a distance t400�ee ore or less; thence run Southwesterly along the arc of said curve to the ers on the centerline extended of Southwest 91h Avenue, a distance of 154.05 feet, the^fee th along the said centerline extended of Southwest 91h Avenue, a distance of 37theS. E. corner of Lot 18 and P.O.B. 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 (RSFI) 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 (RSFI) 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 future 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. 137 Jackson Sfreet, Suite 206 • Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 na lane pianYnng.com ., . _. Email dun Prepared for. Applicant From. To: Petition No. RMF /: I Staff Report Rezoning Request Applicant: Ray & Sheri Lachapeile Petition No.: 07-005-R t - - T.PQaI T1PC0?9TfihTl •. - - - 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"' 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 9th Avenue, formerly known as Chokaloskee Street, to the intersection with a curve in the Southerly right of way line of South West 2"d 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 9d' Avenue, a distance of 154.05 feet, thence run South along the said centerline extended of Southwest 9th 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 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 Applicantwithdrewthis 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 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. 3 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....,.Applicant: Ray & Sheri Lachapelle Rezoning Request Petition No.: 07-005-R 5 Staff Report Applicant: Ray & Sheri Lachapelle Rezoning Request Petition No.: 07-005-R bject opera 11 I Okeechobee County Property Appraiser r zs 1.6 26 rs CFA - Okeecb:*ee 563_> -422 'ARCEL: 2-21-3775-0�►i�-00007-0000 - vAc.A*4- (0000m) A PARCEL OF LAND LYING IN SECTION 21, `CG41tNSWP 37 SOUTH, s RANGE 35 EAST, OKEECHOBEE Lame: LACHAPELLE SHERI A TRUSTEE {Landval $53.900:00 site: 813 SSW 2ND ST. Okeechobee B49val 50.00 M7 E ATLANTIC BLVD *M ApWal $53.900,00 POMPANO BEACH, FL 330620000 lusival 551900.08 Wes W!0=65 $0.001; U ASW S53 900,00 nib 5r212005 $130.000,0011 U Exrnpt 50.00 <: 4I29t2005 SO-00I; k.i TaxWe 553.900.00 FEBRUARY 21, 2008 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 5 OF 6 V. OPEN PUBLIC HEARING CONTINUED. B. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Board Member Maxwell stated, he can appreciate her application and project, but still concerned thatthis is at the northern Application No. 08.002-SSA continued, 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" 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 stipulation, the change in zoning is Residential Single Family - Two (RSF-2) and recommend to City Council to change Future Land 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. Application will be forwarded in ordinance form fora final Public Hearing on March 18, 2008 before III Application will be forwarded in ordinance form for a final Public Hearing on March 18, 2008 before City Council. 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"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. 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 to Residential Single Family - Two (RSF-2). Staff suggests that a rezoning to RMF is not consistent with the Comprehensive 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 de<velopmenton the single-family properties tothe 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. 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 2otl 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. Application will be forwarded in ordinance form fora final Public Hearing on March 18, 2008 before III Application will be forwarded in ordinance form for a final Public Hearing on march 18, 2008 before City Council. City Council. CLOSE PUBLIC HEARING VI. NEW BUSINESS. CHAIRPERSON LEDFERD CLOSED THE PUBLIC HEARING AT 6:53 P.M. A. Consider and discuss requests for amendments to the Citys Land III Consider and discuss requests for amendments to the City's Land Development Regulations. There were none 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 There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 6:55 p.m. The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a 0 �.! A��J in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of .-7rQ l 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. Sworn t subs ' d before me this 7 day of - A.D. 20 1�ojr Public, State of Florida at Large �yc- / 3/s/os mcn G ct� &--h PUBLIC NOTICE CONSIDERATIONOFAWi16 A CRY ORDINANCE anPLTuEASEayTA)fE NOT18, 2200 tt� CIN p m a 8swsoa'n fof hereaf po sFlorida City Hall, 55 SE' AAcm, OkeeGwbee,8FL6oconduct a PUBCI� HEARING;on.and tlrereafter to consider folS.rea9 of the f lowng Didkra0'a" law ' N0.1R11: All'OROI NANCE OF THE CRY OF OIO ECN0,1B FLORIDA;AMENDING THE OFRCUILZ� ING`'NAP OF OKEECROBEE BY RE20NIND A CERTAIN TRACT OF LAND MORE P�pAgRTCOLAH17 DESCRIBED HEREIN FROM RESIUEWW SI LE FAMILY ONE tNG�T) ZONING DISTRICT TO REBIDENTLAL SitJ LYE F z ZpR DI CT; AMENDING THE 20NING MAPr R D�R�fFOR CONFLICTS SEYERABILTY AND AN EFFECTR(E'D The`Ordhao is repardirg Rem^iilp N';, fR I Aaron; on'bahhaN'of ppmmperry owr (s) Shed L TN Tfierpehbon,l to change the mNrlg dlSYict from RSF,1,'to RSi 2 fa piaperty a ell of 8i3 Si1Ti west 2rMSued an unplaUed parcel,enc ssft m 1.3: acni JI AN members of the public are to The d fhdkrarfee may Af 1Ls x 0 the Oe of the Go Clerk tl sl RI Mon- bu ,. cat .r exceptf-TAKE OTICE AND BE acciisloori ndd made by the City Cou0 rearin fg,.such interested person wl(I a record of Ure p d(ri and for such purpose may need to. ensure a vertiz5 record of the; i1f03 ismade, which record: includes the testimony and evidence upon which Bre appeal is to be based. CCClerk are for the sole purpose of backup for officrdl recoNs of the Clerk (n adcDr ce With the Mrericans;,with Disability Act (ADA) and (3orrda StaWtes 2862fi ptysoils vrilh disablrties needing special accommodation to'particrpale;i pna t� pr�oc ng at 863-763-3372 x215 it heenngg or voice ^24 ca8 TD1-800 222-3448 (voice or 1-888-447-5620 (TTY). Lane Gam mea, CMC, CR�CLERK 264261 ON 3/7108 Janetta Thiboult Commission # DD505311 Expires January 10, 2010 '�� r.:rael -fo, �a.n Insurance Inc 800.38E-7019 EXHIBIT NO. J.- MAR 18'" - FINAL ORDINANCE NO. 1012 AN ORDINANCE OFTHE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY TO COMMERCIAL; 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. 08-001-SSA), submitted by Jeb Acuff, on behalf of property owner(s), Visiting Nurse Associationof Florida, Inc. for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Planning Board, acting as the Local Planning Agency, at a duly advertised meeting held on February 21, 2008, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Planning Board that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately 0.712 acre(s) is hereby re -designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 08-001-SSA, from Single Family to Commercial. The Legal Description of Subject Property is as follows: A PARCEL OF LAND LYING IN NORTHWEST ONE -QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 4 Page 1 of 2 OF BLOCK 171, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, THENCE RUN SOUTH ALONG THE WEST LINE OF SAID LOT 4, AND THE EXTENSION THEREOF, ALSO BEING THE EAST RIGHT-OF-WAY LINE OF SOUTHEAST 2ND AVENUE (FORMERLY TALLAHASSEE STREET), FOR A DISTANCE OF 157.5 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH, ALONG THE EAST LINE OF SAID SOUTHEAST 2ND AVENUE, FOR A DISTANCE OF 142.5 FEET TO THE INTERSECTION WITHIN THE NORTH RIGHT-OF-WAY LINE OF SAID NORTH LINE OF SAID SOUTHEAST 2ND STREET, FOR A DISTANCE OF 217.9 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN O.R. BOOK 1 AT PAGE 107, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN NORTH, ALONG THE WEST LINE OF SAID CORNER OF SAID PARCEL, BEING A POINT 157.5 FEET SOUTH OF THE NORTH LINE OF SAID BLOCK 171; THENCE RUN WEST, PARALLELING THE NORTH LINE OF SAID BLOCK 171, FOR A DISTANCE OF 217.9 FEET TO THE POINT OF BEGINNING SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No.1012 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and set for final public hearing on this 18th day of March, 2008. ATTEST: Lane Gamiotea, CIVIC, City Clerk ADOPTED after first reading on the 181h day of March, 2008. ATTEST: Lane Gamiotea, CIVIC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 City of Okeechobee General Services Department 55 S.E. 3' Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: D Petition No. © Fee Paid: Ohs, Jurisdiction: f3 , 1st Hearing -7 � o end Hearing: Publication Dates: Notices hailed: Comprehensive Plan Map Amendment Application Please Check One: Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): Vi5;4 `,j Nvq Ass,c,- -t`ov► ok Flor; dc-, L t7 r-, A P Owner mailing address: di joo SC 1Mv A.41, P _ Skc 307 ,.ar Ff m r;�a 3y99 � P Name of applicant(s) if other than owner (state relationship): L Applicant mailing address: Pp gqp0 5E i^Aort M. SiE A Name of contact person (state relationship): ACI SEFrc PryS e,-A M-A er U f L T EN Contact person daytime phone(s): o - l aqq x IC-3 Fax: 7-;L9 agb-O--S$ `/ Property address / directions to property: �C3 SC a"A St, 0� Parcel Identification Number: 3- j,S - .3}-3S-oot0 - ol Tto -oos-c Size of the Property (in acres): .--I i 3 Atreg' Current Zoning Designation: RMV tesl'J' l MVI� ; - fayJ, P. R Current Future Land Use Designation: O Existing Use of the Pro e `` E Proposed Future Land Use Designation: R T Proposed Use of the Property: Y Ceo - Description of Surrounding Properties: Legal Description of the Property (Lengthy Description May be Attached): Unifonn Land Use Application (rev. 121031 Page 1 of 2 Required Attachments Survey of Property (11" x 14", 20" Scale) Letter Outlining Request Notarized Letter of Owner's Authorization Application Fee (non-refundable) City Location Map Confirmation of Information Accuracy. I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request_ False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days aAdny.Fsult in,*e summary denial of this application. QNIM�� - cmw la 0+ Printed Name Da e Uniform Land Use Application (rev. 12/03) Page 2 of 2 NURSE ASSOC/gP10 N November 15, 2007 Visiting Nurse Association of Florida, Inc 2400 S.E. Monterey Rd. Suite 300 Stuart, FL 34996 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, FL 34974-2903 Subject: Request to build Assisted Living Community in the City of Okeechobee. COUNTIES SERVED i;i-iARl.OTiE CITRUS DESOTO GLADES HERNANDO HILLSBOR00G1-I CAKE MANATEE MARTIN OKEECHOBEE PALM BEACH PASCO PINELLAS P 0 L K SARASOTA ST. LUCIE The Visiting Nurse Association of Florida, Inc. would like to build an assisted Stuart living community located in Okeechobee on the Northeast corner of SE 2nd Street and 2400 SE Monterey Road SE 2nd Avenue. The facility would be built on two lots totaling approximately 1.05 Suite 300 acres; parcel numbers 3-15-37-35-0010-01710-0050 39 and 3-15-37-35-0010-01710- Stuart, Florida 34996 0060 39. The Visiting Nurse Association of Florida would like to build a thirty unit P772.286.1844 two-story building that would be approximately 20,000 sq. feet and would include: a P 800.260.3280 large dining room, an ice cream parlor, a library, TV/movie room, and a great amount F772.286.8753 of common area for socializing. The property would have approximately fifteen parking spaces and be professionally landscaped. The assisted living community Jupiter would provide residents with assistance monitoring medications, dressing, bathing, 10094 W. Indiantown Road housekeeping, and other services as needed. Residents will receive three delicious Jupiter, Florida 33478 nutritional meals a day served restaurant style and prepared by a chef. P 561.743.5060 F 561.743.5033 The Visiting Nurse Association of Florida is a state -licensed, non-profit, Medicare certified agency that has provided home health care in the state of Florida Wellington since 1976. Our experience and resources are unmatched in the home health care 12008 South Shore Blvd. field. We also take pride in supporting and becoming an active member in the Suite 210 communities we serve. In Okeechobee we are a proud member of the chamber of Wellington, Florida 33414 commerce, major sponsor of the Okeechobee Cattlemen's Association Rodeo and a P 561 333 2000 sponsor of National Fire Safety Council of Okeechobee just to name a few. Thank IF 561.333.2424 you for your consideration. www.vnaflorida.org Sincerely, Referral Line 800.318.0399 Jeb Acuff Project Manager Visiting Nurse Association of Florida, Inc. Parcel 3 -15 -3 7-3 5-0010-01710-0050 .712 Acre Legal Description: "A parcel of land lying in NW '/4 of the NW '/4 of the NW '/a of Section 22, Township 37 South, Range 35 East, being more particularly described as follows: Commencing at the Northwest corner of Lot 4 of Block 171, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, pubic records of Okeechobee County, Florida, thence run South along the West line of said Lot 4, and the extension thereof, also being the East right-of-way line of S.E. 2r'd Avenue (formerly Tallahassee Street), for a distance of 157.5 feet to the POINT OF BEGINNING; thence continue South, along the East line of said S.E. 2nd Avenue, for a distance of 142.5 feet to the intersection within the North right-of- way line of said North line of said S.E. 2nd Street, for a distance of 217.9 feet to the southwest corner of a parcel of land described in O.R. Book 1 at page 107, public records of Okeechobee county, Florida; thence run North, along the West line of said corner of said parcel, being a point 157.5 feet south of the North line of said Block 171; Thence run West, paralleling the North line of said Block 171, for a distance of 217.9 feet to the POINT OF BEGINNING." LEGEND RBF - Rebar Found RBS - Reber W/Cap Set IPF - Iron Pipe Found NTS - Nall/Tab Set CNF - Concrete Monument Found P.O.0 - NW CORNER PRM - Permanent Reference Monument LOT 4, BLK 171, OKEECHOBEE PUB - Point of Beginning POT - Point of Terminus 0 (PJ - As per plat (F) - Field Measurement 10J - As per the deed (CJ - Calculation NOTES: 1. All Bearings Assumed m 2. No valid without The signature and the original raised seal of a Florida licensed surveyor and mapper. 3. Description as per referenced O.R. Book S Pape 4. No Improvements Located DESCRIPTION: i PARCEL ONE •A parcel of land lying In NW 1/4 of The NW 1/4 of the NW p g WEST 217. 9' (0; RBS EAST 82. 1' CO; RBF 1/4 of Section 22, Township 37 South. Range 35 East, being more particularly described as follows: Commencing at the RBS S89157'441W 217, 84' (F) N89'28'52'E 82, 37' IF) Northwest corner of Lot 4 of Block 171. OKEECHOBEE. according to the plat thereof recorded In Plat Book S. Page 3 5, publlc rrpecords of Okeechobee County. Florida, thence run \ 3 thereof, alsthe boingtthenEast right -of Hayalinehof S.E. 2nd \ Avenue (formerly Tallahassee Street), for a distance of 157.6 Cc feet to the POINT OF BEGINNING; thence continue South. GG 6 along the East IInv of said S.E. 2nd Avenue, for a distance of 142. 5 fact to the Intersection with the North right-of-way line of LU (� ., 1 .. O W S.E. 2nd Street (formerly 7th Street); thence run East, alongy `\l o said North Ilne of said S. F. 2nd Street, for a distance of 2l 7. 9 z) o \v` (�� m o V� lb m Q ^ feet to the Southwest corner of a parcel of land described In Q� Z I 0. R. Book 1 at page 107, pub l lc records of Okeechobee LIJ5 L �1. Co ,ti w LLf I County, Florida; thence run North, along the Most line of said w ry G��O' GPI a QGF p� �1 �5� e H parcel of land for a distance of 142.6 feet to the Northwest PC, Q� P -+ ,U rfP 1 P ^ �i ,., Q corner of said parcel, being a point 157.6 feat South of paralleling the NorD a W PQ� tit ; C Q" G� PG W ^ D W North Ilne 0f ea1C Block 171, fornaedistanun cetor 217.19 feet to the N 0p G I p, p P260 v L POINT OF BEGINNING. y LU o O' p p PARCEL TWO Lj W Lo 2 H °' l�u -Beginning at the Intersection of S.E. 2nd Street, f/k/a/ Seventh OStreet, and S. E. 3rd Avenue, f/k/a Cherokee Street. In FIRST ADDITION. TO OKEECHOBEE. FLORIDA, according to plat = I� thereof recorded In Plat Book 5, Papa 6, public records of Q Okeechobee County, Florida; thence run West along North Z boundary of S. E. 2nd Street, a distance of 8a. 1 feet; thence J run North at right angle with S.E. 3rd Ave, a distance of 142.5 N89.57'241E 217.86' (F) S89.57'57"W 82, 1l' IF) p, 0, B, U feet; thence run East at right angle with S.E. 2nd Street, a IP �. distance of 82.1 feet, to the Most boundary of S.E. 3rd Avenue; i~ EAST 2f7, 9' (0) IPF WEST 82.f'(0) ABS thence run South, along Nest boundary of S.E. 3rd Avenue to ti the Intersection with S. E. 2nd Street, being the POINT OF North Boundary BE 2nd St. BEGINNING.' S. E. 2nd STREET CERTIFICATE OF SURVEY I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON SEVENTH STREET - 70' R/W) WAS PREPARED UNDER MY DIRECTION AND SUPERVISION. r,D LMTIM MOteSMAda L ELAND D YA L S a� Fm 7E 1on6f07 we : 7610 P. L. S. 2 0 8 4 V I S I T I NG NURSE ASSOC I AT 1 ON ka: OF FLOR1DA. 1NC. 304S. W. 3rd Ave., Okeechobee, FIa. PHONE.,... 763-4909 FAX..... 763-2500 ppREYISIONS PATE BY SEAL f71 OF LEGEND RBF - Rebar Found RBS - Reber W/Cap Set IPF - Iron Pipe Found NTS - Nall/Tao Set CMF - Concrete Monument Found P 0 C. - NW CORNER PRM - Permanent Reference Monument - Point of Beginning POT - Point of Terminus - Field Measurement LOT 4, BLK LOT 171, OKEECHOBEE !P; - As per piat CF; (D) - As per the dead CC; - Calculation 0 NOTES: 1. All Bearings Assumed 2. Not valid without the signature and the original raised seal of a Florida Ilcensetl surveyor and mapper. ti 3. Description as per referenced O.R. Book G Page p to 4. No Improvements Located DESCRIPTION: PARCEL ONE EAST 62. 1' (D) RBF 'A parcel of land lying In NW 114 of the NN 114 of the NW 114 of Sec tlon 22, Toknshlp 37 South. Range 35 East, being P, 0. B. . WEST 2179' (D1 RHS more particularly described as follows: Commencing at the RBS 689°57'44'W 2f 7. B4' (F) NB9°28'52'B A2. 37' (FJ according for The ofthereof recorded InPlat5, Page 5, pub l lc rrpecar as of Okeechobee County, Florida, thence run 3 of extension F, alsohbeingt then East said wayalinethe 2nd \ CL \ Cr therea Avenue (Former;, Tallahassee Street;, for a distance of 157. 5 feet to the POINT OF BEGINNING; thence continue South, along the East IIne of said S. E. rnd Avenue, for a distance of intersection the North right-of-way line of 142, 5 feet to the with East, n <i 1, W �. S. E. 2nd Street (formerly 7th Street;; thence run alongg North IIng of as I S.E. 2nd Street, for a of s tance of 2l7.9 W ~ c ll a �` G` p �� •J c9 o M " ^ Z said feet to the Southwest corner of a parcel of land described In z 0 PPl Q Q W I i 0. R. Book 1 at page 107, pub; lc records of Okeechobee - County, Florlde; thence run North,' along the West line of sold to � f— parcel of land for a distance of 142.6 /eat to the Northwest said being a point 167.5 feet South of the W N v PP ADj PG ti PP ,3 P` N �, v v w P0� corner of parcel, North line of said Black 17 ; Thence run Nos t, Para l lei l np the w ; 91 P060 P c a � POINT I nBEGtNNING. BI aok 171. for a distance of r17.9 feet to the a 112 x x O 0 �v o �0 0 2 `0.2 o y C" (.0 C) O PARCEL TWO Lu Ln 2 y ° W W 'Beginning at the Intersection or.S. E 2nd Street. fyk/a/ Seventh (1j O Street, and S. E, 3rd Avenue, fyk/a Cherokee Street, In FIRST ADDITION TO OKEECHOBEE. FLORIDA. according to plat Q cc thereof recorded In Plat Book 5, Page 6. public records of I� Q 41 I Okeechobee County, Florida; thence run Most along North boundary of S. E. 2nd Street, a distance of 82. 1 feet; thence J Z run North at right angle with S. E. 3rd Ave, a distance of 142.5 J NB9'57'24"E 217.86' CF1 S89°57'57"W B2,1f' (F7 P. 0. S. U t. feat; thence run East at rthetWastlboundarS.E. S E. 3rd Avenue; distance of Brun feet, to t Q iP EAST 217, 9' (0) IPF WEST 62. 1'(01 RBS thence run South, along West boundary of S. E. 3rd Avenue to the In tersecllon wl-th S.E. 2nd Street, being the POINT OF North Boundary SE 2nd St. BEGINNING.' L S. E. 2nd S TREE T CERTIFICATE OF SURVEY _ _ _ _ _ SEVENTH STREET 770' R/W) I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED UNDE�MY� REC ION ANO PERK{SIGN/_EALB, RLS MB4 wALE 1' AO' LxAriaw Iletee/8md3 L E L N D D Y A L S — (cam%= suwffy MR 10/16/07 : 761a R. L. S. 2084 VISITING NURSE ASSOCIATION: pre awymw mlAWMAM "'tim" OF FLOR I DA; INC. 304 S. W. 3rd Ave. , Okeechobee, Fla. ip, Rrylelok6 DATE BY SEAL. PHONE .... 763-4909 FAX .... 763-2600 , a Ift: Cl 19/T1 OF 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 • Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a),att.net Prepared for: The City of Okeechobee Applicant: Visiting Nurse Association of Florida, Inc. Petition No. 08-001-SSA Staff Report Applicant: Visiting Nurse Association of Florida Small -Scale Comprehensive Plan Amendment Petition No. 08-001-SSA General Information ,r kxi.2 srr PIZ (AK . lw`�s5,,. Applicant Address: 2400 SE Monterey Road, Ste 300 Stuart, Florida 34996 ARpI!P'1Ul'ltoetrrtfae 772�26��Y�..3.f ...,,..'._ m _ _m.... Applicant Fax Number: 772-286-073.8 Contact Person: Jeb Acuff, Project Mgr. Existing Proposed Future �ane1J5 �ulap `Inle Farrtit� ��rcrtr ;P CSSIfCS#1"Y� m Ava �y ,... ....fir..._.. ,.. .h .. rr. .. .... t,.5.,�.;.. „ ..fin... �.:dC!' .... , Zoning District RMF CPO Use of Rr©pew .. Y cant st ecf ,.lrrapgactfy . Acreage 0.782 0.782 Location: 203 SE 2nd Street Legal Description: Parcel One — A parcel of land lying in NW '/4 of the NW '/a of the NW '/4 of Section 22, Township 37 South, Range 35 East, being more particularly described as follows: Commencing at the Northwest corner of Lot 4 of Block 171, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, thence run South along the West line of said Lot 4, and the extension thereof, also being the East right-of-way line of S.E. 2Id Avenue (formerly Tallahassee Street), for a distance of 157.5 feet to the POINT OF BEGINNING; thence continue South, along the East line of said S.E. 2nd Avenue, for a distance of 142.5 feet to the intersection with the North right-of-way line of S.E. 2"d Street (formerly 7t" Street); thence run East, along said North line of said S.E. 2"d Street, for a distance of 217.9 feet to the Southwest corner of a parcel of land described in O.R. Book 1 at page 107, public records of Okeechobee County, Florida; thence run North, along the West line of said parcel of land for a distance 142.5 feet to the Northwest corner of said parcel, being a point 157.5 feet South of the North line of said Block 171; thence run West, paralleling the North line of said Block 171, for a distance of 217.9 feet to the POINT OF BEGINNING. Description of the Request The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map from Single Family Residential to Commercial. Adjacent Future Land Use Map Classifications and Zoning Districts t� � a +r m• Clt"t11RrVQ_ Uy�/1 4 E JY� d3 a�j '`�' Zoning District: RMF and CBD Exrs��g hand PessO r East: Future Land Use Map Commercial Classification: [ J 3 Existing Land Use: Vacant lot to be used in con- junction with the subject property S+auth Fute Land Use Ntap C,mrr�rcra�nS�� att�ly' assfcaion _._ ... General Analysis • Staff Comments Based on the size of the property (0.712 acres) this application qualifies under Chapter 163, F.S. as a Small Scale Amendment to the Comprehensive Plan. The applicant is requesting this amendment to the Future Land Use Map to allow for the construction of an assisted living facility. The proposed development will be built on the subject property and the adjacent lot immediately to the east. Both of these parcels are owned by the applicant and together comprise approximately 0.980 acres. The facility is proposed as a two-story building with thirty assisted living units. The applicant has submitted a conceptual plan for the facility. While the site plan itself is not germane to consideration of the requested small scale plan amendment, we offer the following comments for the applicant's planning purposes. The LDRs require one 1 parking space per unit or bedroom in an assisted living facility; the site plan shows only 15 parking spaces. Our initial review also indicates that are deficiencies in setbacks and building and impervious surface coverage are both in excess of that allowed for an assisted living facility. The net result is that that applicant should be aware that the site plan may not realistically represent the actual development potential resulting from application of all prevailing regulations. 2 Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. The current Single-family land use designation is inconsistent with the current RMF zoning, which otherwise allows assisted living facility as a special exception. Therefore, a plan amendment is necessary in order to operate an assisted living facility on the subject property. While a change to a Multi -family land use designation would be the least intensive change necessary to correct the current inconsistency between zoning and the Future Land Use designation, and allow for an assisted living facility on the site, the Applicant is requesting a Commercial land use designation and a subsequent rezoning to CPO. The City Council approved on first reading a change to the LDRs to provide greater opportunity for the location of assisted living facilities in the City. The change would allow assisted living facilities as a special exception in the CPO, CLT and CHV zoning districts. It is expected that this change will be approved on second reading on Feburary 19, 2008 and that an assisted living facility will be allowable on the subject parcel if the Small Plan Amendment and rezoning to CPO are approved. Review of the Future Land Use Map indicates that this is the only property in block 171 that is not designated commercial. In fact, it is the only parcel on the north side of SE 2nd Street between SW 8th Avenue and SE 6th Avenue that is not designated Commercial on the FLUM. B. Adequacy of Public Facilities The subject property is currently vacant. Development and subsequent occupation of the site will impact the City's ability to provide public facilities (i.e., roads, water, and sewer). The applicant has not submitted information regarding the projected demand on City water and sewer facilities nor an estimate of traffic generation. However, Staff has prepared a general analysis comparing demand upon public facilities from a 30-unit assisted living facility (ALF), a 7-unit a multi -family building, and a 12,000 sf office building that could likely be built on the site. The office building is shown because, at least in terms of traffic, it would likely be the most intense use allowable under a commercial land use designation and CPO zoning. Potable Water: LOS — 114 gallons per person per day Projected demand: 30 ALF units'= 30 x 114 = 3,420 gallons per day Projected demand: 7 multi -family units @ 2.7 person/unit =7 x 2.7x 114 = 2,155 gallons per day Office use would likely generate less demand for water. 91 Sewer: LOS — 130 gallons per person per day Projected Demand: 30 ALF units* =30 x 130 = 3,900 gallons per day Projected demand: 7 multi -family units @ 2.7 person/unit =7 x 2.7x 130 = 2,457 gallons per day Office use would likely generate less demand for sewer services. .Solid Waste:.. LOS - 13 pounds per person per day Projected Demand: 30 ALF units* = 30 x 13 = 390 pounds per day Projected demand: 7 multi -family units @ 2.7 person/unit =7 x 2.7x 13 = 246 pounds per day Office use would likely generate less solid waste. *Assumes 1 person per unit. Traffic: LOS — Principal Arterials C Minor Arterials D All other roadways D Based on the 1991 ITE Trip Generation Manual, the facility has an average trip generation rate of 2.1 trips per assisted living unit per day, 6.6 trips per day for a multi -family unit, and about 20 trips/1,000 sf/ day for a 12,000 square foot office. Using these figures, the following levels of traffic could be expected: 30-unit ALF = 63 trips per day. 7-unit multi -family building = 46 trips per day 12,000 square foot general office building = 240 trips per day. It is not believed that any of the above impacts would likely adversely affect the City's ability to maintain its adopted levels of service. C. Compatibility with Adjacent and Nearby Land Uses As can be seen on the aerial at the end of this report, the subject property is largely surrounded by commercial uses. Across SE 2"d Street to the south, there is a multi- family building and four single-family homes. The multi -family property is actually zoned CPO. Despite the current single-family land use designation, it appears to Staff that the overall policy direction for this area anticipates commercial use bordered by multi -family development. Therefore, Staff believes that an amendment to a Commercial Future Land Use would be appropriate for this property, .19 Recommendation Staff recommends approval of the applicant's request to amend the Future Land Use Map from Single Family Residential to Commercial. Submitted by: James G. LaRue, AICP February 13, 2008 FLUM Property Appraiser's Aerial Photograph Zoning Map Vt Hearing Planning Board February 21, 2008 5 Okeechobee FLUM — Subject Property &W 2 NO STREET w &W. 3 RO STREET s a, SM, 6 TH STREET STATE fib 70 S E 2 NO STREET g 3 3 3 2 E9 Ce rs ' __ S S.E.._3 RO STREET S.c_ .4 T'ri STREET COMPREHENSIVE PLAN i LAND USE SINGLE - FAMILY MULTI - FAMILY COMMERCIAL INDUSTRIAL PUBLIC FACILITIES C LL 0) U. U) LL U) LL Okeechobee Zoning Map — Subject Property STATE ROAD TO IIEW ■ • I94� F tow 4�0 10E� ZONING `� UNICORPORATED CBD CHV CLT CPO r j H IND PUB .. ...... ...... RMF .. _.___ _....... RMH RSF1 0 [ to I C, R 10 FEBRUARY 21, 2008 PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS- PAGE 2 OF 6 IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal .of items on today's III Chair Ledferd asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. There were none. V. OPEN PUBLIC HEARING -Chairperson. III CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:00 P. M. A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 08-001-SSA, submitted by Jeb Acuff Application No. 08-001-SSA, submitted by Jeb Acuff on behalf of property on behalf of property owner(s) Visiting Nurses Association. The application is to change the Future Land Use designation from Single owner(s) Visiting Nurses Association. The application is to change the Future Family (SF) to Commercial (C) for property located at 203 Southeast 2"d Street. Legal description: City of Okeechobee, Lot 4, Block 171 Land Use designation from Single Family (SF) to Commercial (C) for property and is approximately 0,782 acre(s). located at 203 Southeast 2nd Street. Legal description: City of Okeechobee, Lot 4, Block 171 and is approximately 0.782 acre(s) - Planning Consultant. Mr. Brisson presented the LaRue Planning Staff Report of approval, stating the applicant meets all criteria of the Comprehensive Plan. There is not a lot of demand from any of the facilities, trafficwould probably be the greatest generator. We looked at the most intense use that could exist from a commercial use and would not envision any problems with regard to surrounding area or the capacities. It is compatible with the surrounding area. Board discussed sewer capability and parking. It was felt that both would be available Jennifer Crow, 3159 Southwest Sunset Trace Circle, Palm City, Florida, and Bo Rush with Architectural Concepts, representing the applicant, addressed the Board. He stated, the intended use for the property would be to construct an assisted living facility (ALF). Mr. Rush reported there would be no problem fitting the use on the site, with the setbacks and the percentage of coverage. Any parking issues will be addressed. Mr. Rush also acknowledged to the Board that his firm builds ALF's all over the country, and they have a number of national studies where one half space per bed is allowed. ALF is a need driven housing option, and the residents that reside in the facility do not drive. The biggest parking demand is during shift change. Anticipate seven to 10 employees during the day, going down to five for the evening shift. Currently we are showing 14 spaces, but feel we can have additional spaces available. Chair Ledferd asked whether the Board or any Citizens has further questions. There were none. Vice Chair Hoover moved to approve Future Land Use Map Amendment Application No. 08-001-SSA and recommend to City Council to change the Future Land Use from Single Family (SF) to Commercial (C) for property located at 203 Southeast 2nd Street; seconded by Board Member O'Connor. FEBRUARY 21, 2008 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 3 OF 6 V. OPEN PUBLIC HEARING CONTINUED. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment vv 1 r_ Application No. 08-001-SSA continued. LEDFERD - YEA HOOVER -YEA KELLER - YEA BURROUGHS-ABSENT CLOSE -YEA MAXWELL-YEA MCCOY-YEA JUAREZ-ABSENT O'CONNOR-YEA MOTION CARRIED. Application will be forwarded in ordinance form fora final Public Hearing on March 18, 2008 before III Application will be forwarded in ordinance form for a final Public Hearing on March 18, 2008 before City Council. City Council. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 08-002-SSA, submitted by Vikki Aaron Application No. 08-002-SSA, submitted by Vikki Aaron on behalf of property on behalf of property owner(s) Shed Lachapelle, Trustee. The application is to change the Future Land Use designation from Single owner(s) Sheri Lachapelle, Trustee. The application is to change the Future Family (SF) to Multi -Family (RMF) for property located at 813 Southwest 2"d Street. Legal description: a parcel of land lying in Section Land Use designation from Single Family (SF) to Multi -Family (MF) for property 21, Township 37 South, Range 35 East, Okeechobee County, Florida and is approximately 1.361 acre(s). located at 813 Southwest 2"d Street. Legal description: a parcel of land lying in Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida Mr. Brisson presented the LaRue Planning Staff report of approval with the stipulation that the subject property be rezoned and is approximately 1.361 acre(s) - Planning Consultant. to Residential Single Family -Two (RSF-2) rather than Residential Multi -Family (RMF). In the absence of such stipulation, Staff would recommend denial. The Board discussed the density issue of Single Family (SF), Residential Multi -Family (RMF), and Residential Single Family - Two (RSF-2). Mr. Brisson confirmed SF density at 4 per acre, approximately 10 for RMF and 6 for RSF-2. He also reported, this would be compatible with SF and MF. Mr. Brisson stated that he had spoken with the applicant regarding the planning staff recommendation. We do not believe this encourages further expansion of multi -family along the west. Board Member McCoy asked whether this property would have to be re -platted? Mr. Brisson replied yes. He stated right now it is just one piece. Duplexes would not be an option, due to being only permitted under RMF zoning. This would have to be platted as lots. There are five lots here, plus an unplatted lot. This would have to be platted to meet the 6,250 square foot per lot. That would be the minimum lot size. You could place a unit across two lots with a dividing wall for a triplex. The other form of zero lot line is single units with the smaller separation on the lot line rather than joined. There are a number of ways to accomplish, but they would still only get about seven lots. Board Member McCoy affirmed these lots would have to be on sewer due to septic being allowed on a lot that is minimum one -quarter acre (10,890 square feet). Page 1 of 1 Good Morning Betty; At the February 21 st Planning Board we were recommended for Approval to amend the Future Land Use Map from Single Family to Commercial. During the discussions with the Planning Board there were several topics that I felt needed to be addressed prior to our March 18th City Council Meeting. These issues were a result of the site plan we previously submitted that Bill Brisson made reference to in his report although also made reference to the fact that these comments were germane to our application. Since there was much discussion regarding these issues; I felt a revised site plan was appropriate. Attached please find a revised site plan the addresses the following; - The parking was increased to 24 spaces which is 80% of what the LDR'S require. We are allowed to seek a variance to the required parking spaces of 1 space per bed. (.8 x 30 = 24). We can provide the appropriate parking studies to justify .5 spaces per bed however the LDR'S only allow for a 20% reduction. - The minimum setbacks have been increased to 25' - The maximum FAR have been reduced to 21 % building coverage (30%) allowed). - The maximum impervious area has been reduced to 58% (60% allowed) There was also some discussion regarding the availability of sewer in the area. I spoke with Donnie Robertson in Public Works and he said sewer is available "within reach" of the site; it would however need to be pumped via a lift station. We have not researched the actual tie in location but we are showing a lift station location on the site plan. Please let me know if there is anything further I need to do for our appearance before the City Council. Otherwise, I will look forward to our meeting. Bo Russ President Architectural Concepts, Inc. (727)584-7178 bo@archconcept.com 3/5/2008 f III — — — — — — — — — — — — — — -- — — — — — — — — — — — — I Yfi j.4 PROPOSED 2-STORY AMWEDLMW.I:AOLITY < uj — — — — — — MW — — — — — — - S.E. 2nd STREET SITE PLAN �r.� -SITE LOCATION AREA CALCULATIONS GRFFNARFA= 17.M38 SO FT SUILOINGAR 3,10336 FT PAVEtl AREA- 15.8W 98 W. FT - 3'i -M% (00%LOWED) TOTAL (GROSSI 42 7W SOFT LOCATION MAP PROPOSED'. SSISTED LIVING 1497 AS SHOWN caAmR� Nu A1.1 The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of { in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of s_7 L 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./ Sworn to; subs ' d before me this day of A.D. tot � r 'C L7 _Nofa(ry Public, State of Florida at Large Public Notice 5005 PUBLIC NOTICE - CONSIDERATION OF ADOPTING . A CITY ORDINANCE PLEASE TAKE NOTICE that the C'ddyy" Council of the City of Okeechobee, Florida wil h Tuesday March 18, 2008 at 6:U0 p.m. or as soon'ttmatter possible, at Cih all, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on and thereafte consider final mathng of the followrir�g Ordinance Into law. N0 1012: AN ORDI ANCE OF THE CITY.OF OKEECHOBEE FLORIDA AMENDING THE CRY OF DKEE HOBEE COMPREHENSIVE PLAN, ORDINANCE NO..535 AS AMENDED, Bl EVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MOM rRRCULARLY DESCRIBED HEREIN FROM SINGLE FAMILY TO COMMERCIAL ROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USI The Ordinance is regarding Small Scale Comprehensive Plan Future Land p Amendment Application o. 08-001SSA, submitted by Jab Acuff, on bi property ownerE isign, Nurse AssaciaGon of'Rorida, kic. The requestge the Future Use deliggnnalionto C fa�ooppertylocated atSLfBlock171, City of OhobeeSubdmsianand isately 0.712 s). The proposed useis for an assisted 1'rving fac8ity. A members of the public are encouraged to attend and participate m uirg. The proposed Ordinance mayy be inspected in ds erdirely by mamba, publ c in the Office of the City Clerk during regular business hours,"Mor PLEASE7TAKE NOTICE AND BE ADVISED that H any person desires to appeal any decision made by the City Council with',respect to matter considered at this hearing, such interested person wit need.a record of the proceedilnps, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record mcludes.the testimony and evidence upon which the is to be based. City Clerk media are for the sole purpose of backup for cial records of the CIA In accordance with the Americans with Disability Act (ADA) and Florida Stat- utes 286.26, persons with disabik8es needing sppeecial accommodation to partici- pate in Ws proceeding should contact Lane Gamiotea no later than two (2) working days nor to the pproceeding at 863-763-3372 x215; it hearing or voice impaired, call TDD 1-800-222-3448 (voice) or 1-888-447-5620 (TTY). Lane Gamlotea, CMC, CITY CLERK 264259 ON 3/7/08 Ell" Jan�"hiboult Commission # DD50531o` Expires January10, 201G Bwaeo ?roy F31,., 111S�rdN'E It>C 800-31-35 "" EXHIBIT NO. _3 ORDINANCE NO. 1013 MAR 18'" - FINAL 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 FAMILYTO MULTI -FAMILY; 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. 08-002-SSA), submitted by Vikki Aaron, on behalf of property owner(s), Sheri Lachapelle, for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Planning Board, acting as the Local Planning Agency, at a duly advertised meeting held on February 21, 2008, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Planning Board that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. Page 1 of 3 SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately 1.361 acre(s) is hereby re -designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 08-002-SSA, from Single Family to Multi -Family. The Legal Description of Subject Property is as follows: 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, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, 345 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 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 NORTHWEST9T" 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 ALONG THE SAID CENTERLINE EXTENDED OF SOUTHWEST 9T" AVENUE, A DISTANCE OF 370 FEET, TO THE SOUTHEAST CORNER OF LOT 18 AND THE POINT OF BEGINNING, CITY OF OKEECHOBEE SUBDIVISION AND IS APPROXIMATELY 1.31 ACRE(S). THE PROPOSED USE IS FOR MULTI -FAMILY DWELLINGS. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No.1013 shall be thirty-one (31) days after the adoption of this ordinance. Page 2 of 3 INTRODUCED for first reading and set for final public hearing on this 181h day of March, 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CIVIC, City Clerk ADOPTED after first reading on the 181h day of March, 2008. ATTEST: Lane Gamiotea, CIVIC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 3 of 3 City of Okeechobee General Services Department 55 S.E. 3' Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 21$ Fax: 863) 763-1686 Date: P Petition No. � � .. e"o � Fee Paid: �5p-o CO Jurisdiction: ild V-c 1st Hearing 2nd Hearing: Publication Dates: �r e � j Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: X Small Scale Amendment (Under 10 Acres) _Large Scale Amendment (Over 10 Acres) ✓ Name ofproperty owner(s): Sheri Lachapelle, Trustee to = Owner mailing address: 2637 E. Atlantic Blvd. #266 Pompano Bch., FL 33062 P . Name of applicant(s) if other than owner (state relationship): N/A Applicant mailing address: N/A .A N. Name of contact person (state relationship): vikki Aaron - agent T. Contact person daytime phone(s): 863-467-4768 Fax,863-467-4618 ✓ Property address I directions to property: 813 SW 2nd Street Parcel Identification Number: 2-22-37-35-OA00-00007-0000 Size of the Property (in acres):1.31 acres Current Zoning Designation: Residential Single Family (RSF1) `P:. It : Current Future Land Use Designation: Single Family Existing Use of the Property: vacant Proposed Future Land Use Designation:Res i dent i al Multi Family (RMF) �R T. Proposed Use of the Property: Residential Multi Family Y Description of Surrounding Properties: Residential Multi Family, Residential Single Family, Commercial and vacant properties. Legal Description of the Property (Lengthy Description May be Attached): See attached legal description Uniform Land Use Application (rev, 12/03) Page i of 2 :ed.aiitta hments�;=� / Survey of Property (11" x 14", 20" Scale) Letter Outlining Request N / A Notarized Letter of Owner's Authorization Application Fee (non-refimdable) ,/ City Location Map Sheri Lachapelle, Trustee 01/21/08 • $ Printed Name Date Uniform Land Use Application (rev. 12/03) Page 2 of 2 Application for a Comprehensive Plan Map Amendment Sheri Lachapelle Letter Outlining Request Sheri Lachapelle, Trustee 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 (RSF1) and lies within the Single Family future land use classification of the adopted comprehensive plan. The applicant wishes to establish multi family residences such as duplexes on the property. In accordance with city regulations, a small scale map amendment and a change in zoning will be required. There are adjacent and nearby existing multi -family and single family uses and zoning districts. The proposed change would be consistent with the existing land use pattern. A small multi family residentially 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 recommends the City Council approve the request for a small scale map amendment to change the future land use classification from Single Family to Multi Family to allow future multi family development. FILE NUM ' 2005018006 OR ELK 00573 PG 1248 8 SHARON:ROBERTSON► CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYP FL QUIT CLAIM DEED RECORDED .03118l200S O4:03:33 AM RECORDING FEES 27.00 DEED DOC 0.70 Return to: RECORDED BY n Anuez instrument Prepared by: o M. Sternberg 83 est McNab Rd, Ste 227. T <t c, Florida 33321 PARC 1,IEN I'MCATION # 2 21-37-35-OAOO-00007-0000 This 11 rt-Claim Deed, made this August 10 , 2005, by SHERI LACHAP Za SHERI A. LACHAPELLE, a married woman ,Grantor, to. SHERI ALACHAPELLErustee of. the SHERI A. LACHAPELLE LIVING TRUST of which RAYMOND W. r3HAPELLE, JR. and RHONDA M. STERNBERG are named as successor trustees,the power and authority to protect, conserve, sell, lease, encumber or otherwise to manageadispose. of the real property described below, whose post office addresses are ,�•; 1. SHERRI A. LACHA E — 2637 East Atlantic Boulevard #266, Pompano Beach, Florida 33062; -, 2. RAYMOND W. LACHAAE, JR. - 2637 East Atlantic Boulevard #266, Pompano Beach, Florida 33062; 3. RHONDA M. STERNBE=^8333 W McNab Road, Tamarac, Florida 33321; Hereinafter called the Grantee. (Wherever used herein the terantors" 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" 'a. 'da"& ESTHER GELLER SHERI LACHAPELLE 8333 W. McNab Road. Tamarac, Florida 33321 ABE GELLER r mil; 8333 W. McNab Road Tamarac, Florida 33321 h STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on Lr, ,os i o , 2005 by SHERI LACHAPELLE who: Personally Down to me -froduced a Florida Drivers License, Other (explain) as identification and who did not take an oath. Rhonda M. Stern g, Lary Public Rhonda M. Stemberg Commission #DD214385 g•�'++= Expires: May 21, 2007 '%poi F►d .`' Bonded Thru AtlaaticBondingCo.,Inc. OEM Big 00573 PG 1250 "Schedule A" A parcel. of land lying in Section 2.1, Township 37.South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: . omencing at a point on the East line of South West 10`'' Avenue formerly known as cola Street,.as shown on the map of OKEECHOBEE TOWNSITE, recorded in plat . bo k %t page.17, of the public records of St. Lucie County, Florida;. 345.00 feet South of t uth line of SOUTHWEST PARK STREET, thence run South along the East line of SO qWEST 1 OTH AVENUE, a distance of 370.60 feet; .thence run East a.distance of 705.00 o the Southeast corner of.lot 18, according to the unrecorded Plat of Survey, of said inn 21, made by Leon H. Willis, County Surveyor, Okeechobee County, r Florida, arch 26,1963 froiu the Point of Beginning;: thence continue East a distance of (r0 0 feet; thence bear North parallel .to the centerline of Northwest 9th Avenue; formW known as Chokaloskee Street, to the intersection with a curve in the Southerly rig h o ay line of South. West 2"d Street, formerly known. as Tuscaloosa Street, a distancel,o" " 00.81 feet, more or less; thence run Southwesterly along the are of said curve to the ' ection with the centerline extended of Southwest 9`h Avenue, a distance of 154.05 fdiC"t nce run South along the said centerline extended of Southwest 9`'Avenue, a distance 0.00 feet to the S. E. corner of Lot 18 and P.O.B. �r I11111iNINNIMI NINu M11111 This Instrument Prepared by and Return to: Lake Okeechobee Title Inc 210 NW Park Street Suite 201 Okeechobee, Fl 34972 FILE NUM 200-50104-4-9 OR BK 0056'2 Ff 1959 SHARON ROBERTSON► CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY► FL RECORDED 05/13/2005 11:10:45 All RECORDING FEES 27.00 DEED DOG 0.70 REQRDED BY G Meubourn 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 W Testamentary were duly issued on I 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 ivisions 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 1 of 2 OR Bid 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. Wt ess Sharon J. White P. 0. Box 1048 Webster, FL 33597 Printed Wine ame W ltness CxtL t-es W Printed Witness Name STATE OF GEORGIA COUNTY OF PERSONALLY acknowledgements, Sharol who acknowledged that A expressed. the undersigned authority duly authorized to take E-epresentative of the Estate of Paul M. White, deceased, Personal Representative's Deed for the purposes therein The foregoing instrument was ackr o e before me this 4J wfj White who is personally known to me, r pro c t' ►eV Notary P-ublic pue►-tc Printed NotarVNa� i o % File No.: 05-1217 Page 2 of 2 `pril, 2005, by Sharon J. �sidentification. cf' '- OR OK 0OU62 PG X 96 X "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 10a' 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 10TH 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 PIat 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 1' South West 2"d Street, formerly known as Tuscaloosa Street, a distance of 4004the ee ore or less; thence run Southwesterly along the arc of said curve to the intersn the centerline extended of Southwest 9 h 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. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Prepored for: Applicant: Petition No. The City of Okeechobee Ray & Sheri Lachapelle 08-002-SSA Staff Report Applicant: Ray & Sheri Lachapelle Small -Scale Comprehensive Plan Amendment Petition No.: 07-008-SSA General Information Applicant Address: 2637 E. Atlantic Blvd. #266t Pompano Beach, FL 33062 Contact Phoxe dumber xsIw'�gela 8=46'�4 j_; Contact Fax Number: 863-467-4618 Existing Proposed ,E"ro."'�-r Zoning District RSF-1 RMF ati � �MuY am Acreage 1.31 1.31 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 loth 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 1 OTH 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 91h Avenue, a distance of 154.05 feet, thence run South along the said centerline extended of Southwest 9th Avenue, as distance of 370.00 feet to the S.E. corner of Lot 18 and P.O.B. Request: The matter for consideration is an application for a Future Land Use Map Amendment from Single Family Residential to Multi -Family Residential. Based on the size of the property (1.31 acres), this application qualifies under Chapter 163 of the Florida Statutes as a Small -Scale Amendment to the Comprehensive Plan. In addition to this request, the applicant also requests a rezoning of the subject property from RSF-1 to RMF. Staff Report Applicant: Ray & Sheri Lachapelle Small -Scale Comprehensive Plan Amendment Petition No.: 07-008-SSA .. • FT -OW. • W, 11• a ti �Etit h N.ortfi:'utuxe,anepSCIassifcattomaxiy.., _..... Zoning District RMF Zoning District RMF and Holding •q faµ #� ��. �k , �T J Zoning District Holding and RMF i ..i� :11xisting,Lar?d �ke esftue Land C7se lYp, ClassYcataon Single Fy.,esdc1 Zoning District RSF 1 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, although the Staff will offer some additional thoughts on the matter. The subject property is currently classified as Single -Family on the FLUM. The Single -Family category only allows one Single -Family dwelling on each lot. The applicant is requesting Multi - Family Residential Future Land Use category which will allow apartments, duplexes, zero lot line single-family and conventional detached single-family homes on the property. While this application refers to development of "multi family residences such as duplexes on the property", the companion rezoning application contains the proposal for two 2-story triplexes. Both, however, require a Multi -family land use designation. The subject property is within an area where sizable properties have previously been approved for changes from Single -Family to Multi -Family future land use designations. Properties to the north, south and east are all designated Multi -Family on the Future Land Use map. However, there is no evidence that there is a particular need for other than single-family residential development at this location. There is also a compatibility concern for the large, Small Scale Future Land Use Amendment to the South (Altobello/Royal Concrete) which was 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. 2 Staff Report Small -Scale Comprehensive Plan Amendment Applicant: Ray & Sheri Lachapelle Petition No.: 07-008-SSA Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. Continued encouragement of single-family type use would be more consistent with the intent of the Comprehensive Plan than encouragement of multi -family uses. If the Future Land Use designation of this parcel were to be changed to Multi -Family, property owners to the west would likely feel that single-family use is no longer a viable option in this neighborhood. However, Staff has 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 might 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 would be permissible on the property if the Future Land Use designation is changed to Multi -family and the zoning is changed to RSF-1. B. Concurrency of Adequate Public Facilities The Utility Authority has sewer and water service availability for this site but the transportation impacts from nearby multi -family changes would seem to be substantial as the residential streets are not suitable for all of the planned multi -family development surrounding the subject property. 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. C. Compatibility with Adjacent and Nearby Land Uses The existing neighborhood is for the most part comprised of vacant lands which seem to reflect a low level of residential intensity with multi -family development of conventional construction to the north of this property. Developing the subject property at a significantly higher density than the current Single Family category allows could hinder continued single family development on the properties to the west. Again, the parcel to the South is facing a possible noncompliance review and future development of that parcel may yet be limited to single-family density. If the subject property were limited to being rezoned to RSF-1 as a condition of receiving a Multi -family land use designation, it could probably be developed with up to seven dwelling units: three zero lot line attached single-family structures and one detached single family structure. This is would result in only a slight increase in density from the current situation and would preserve the single-family character. Staff Report Applicant: Ray & Sheri Lachapelle Small -Scale Comprehensive Plan Amendment Petition No.: 07-008-SSA D. Compliance with Specific Standards of the Plan. While the Applicant has provided no evidence in this application as to the compatibility of the requested change with surrounding uses, some discussion addressing this issue is provided in the rezoning application. Nothing has been offered with regard to the adequacy of infrastructure to serve the property, but Staff would not expect this to be a significant problem given the relatively few units that could be developed. Recommendation: Staff continues to hold the same reservations with potential effect upon lands to the immediate west. of the request provided the land use change is a property be rezoned to the RSF 2 district rather stipulation, Staff would recommend denial. regard to potential multi -family use and its However, Staff would recommend approval ccompanied by a stipulation that the subject than RMF district. In the absence of such Future Land Use Map of area Property Appraiser's Aerial of site and surrounding area Submitted by: James G. LaRue, AICP February 13, 2008 E Staff Report Applicant: Ray & Sheri Lachapelle Small -Scale Comprehensive Plan Amendment i Petition No.: 07-008-SSA $ +:• i t }! I :. i'L.' � f 4 4'i 4 f j'R �� i A i 1 Yak f .Y Y! Rix rn xjjjj [(t�tagstav a �'_ KW. JND aiRa6T ......?}...._..... _ it Y IY' •3y. } •_ a: s2:i x1 n rk dsr lr� t _ a,Mt rw amer x 1 J .µ. a.w-.w :n+ear aC 6 _ � �If i 6 • L I 10. I x a. itz- i t eni str�en S_ 13 .. _. COMPREHENSIVE PLAN .. .. LAND USE SINGLE - FAMILY MUM - FAMILY COMMERCIAL INDUSTRIAL PUBLIC FACILITIES MEMO t s 1 z s 17, Ti! ins _......_ _.-. } 3 P ( I I 9 190jat"9, 1 R s 6Aq `• 187 s t ♦4 3 H;w i_ a195 1 :1A [ ... ................ r ._. i F i�i Y .x, f •e 1€>Mt} Y } i9 231 41 M 6 i� Y '��''}, > 5 Staff Report Applicant: Ray & Sheri Lachapelle Small -Scale Comprehensive Plan Amendment Petition No.: 07-008-SSA Okeechobee County Property Appraiser 30 ri 4i' T 'AR EL: 2-21-37-�9 00-0Ci00 -0000 . VACANT too0cwa Y A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE Jame. L.ACHAP£LLE SHE RI A TRUSTEE L.aadVat >ite: 613 SW 2ND ST, Okeechobee 540val 50.00 2637 E ATLAN T LC SLVD 026e AppsVai $53.900 00 Jail, POMPANO BEACH, FL 330620000 1uStVal $53,900.00 al8s 811102005 Wool 1 U Awd S53-900.00 5 81 SZ2005 $130,000,0011 J Exmpt S0.00 4120=05 WOO l J U '"able $53,900.00 .r on FEBRUARY 21, 2008 BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 3 OF 6 - V. OPEN PUBLIC HEARING CONTINUED. A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 08-001-SSA continued. Application will be forwarded in ordinance form fora final Public Hearing on March 18, 2008 before City Council. B. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 08-002-SSA, submitted by Vikki Aaron on behalf of property owner(s) Sheri Lachapelle, Trustee. The application is to change the Future' Land Use designation from Single Family (SF) to Multi -Family (MF) for property located at 813 Southwest 2"d Street. Legal description: a parcel of land lying in Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida and is approximately 1.361 acre(s) - Planning Consultant. LEDFERD-YEA BURROUGHS-ABSENT MCCOY-YEA MOTION CARRIED. HOOVER -YEA CLOSE -YEA JUAREZ-ABSENT KELLER - YEA MAXWELL-YEA O'CONNOR-YEA IIIApplication will be forwarded in ordinance form for a final Public Hearing on March 18, 2008 before City Council. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 08-002-SSA, submitted by Vikki Aaron on behalf of property owner(s) Sheri Lachapelle, Trustee. The application is to change the Future Land Use designation from Single Family (SF) to Multi -Family (RMF) for property located at 813 Southwest 2"d Street. Legal description: a parcel of land lying in Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida and is approximately 1.361 acre(s). Mr. Brisson presented the LaRue Planning Staff report of approval with the stipulation that the subject property be rezoned to Residential Single Family -Two (RSF-2) rather than Residential Multi -Family (RMF). In the absence of such stipulation, Staff would recommend denial. The Board discussed the density issue of Single Family (SF), Residential Multi -Family (RMF), and Residential Single Family - Two (RSF-2). Mr. Brisson confirmed SF density at 4 per acre, approximately 10 for RMF and 6 for RSF-2. He also reported, this would be compatible with SF and MF. Mr. Brisson stated that he had spoken with the applicant regarding the planning staff recommendation. We do not believe this encourages further expansion of multi -family along the west. Board Member McCoy asked whether this property would have to be re -platted? Mr. Brisson replied yes. He stated right now it is just one piece. Duplexes would not be an option, due to being only permitted under RMF zoning. This would have to be platted as lots. There are five lots here, plus an unplatted lot. This would. have to be platted to meet the 6,250 square foot per lot. That would be the minimum lot size. You could place a unit across two lots with a dividing wall for a triplex. The other form of zero lot line is single units with the smaller separation on the lot line rather than joined. There are a number of ways to accomplish, but they would still only get about seven lots. Board Member McCoy affirmed these lots would have to be on sewer due to septic being allowed on a lot that is minimum one -quarter acre (10,890 square feet). FEBRUARY 21, 2008 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 5 OF 6 V. OPEN PUBLIC HEARING CONTINUED. B. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Board Member Maxwell stated, he can appreciate her application and project, but still concerned that this is at the northern Application No. 08-002-SSA continued. 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 with in 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 aline 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 stipulation, the change in zoning is Residential Single Family - Two (RSF-2) and recommend to City Council to change Future Land 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. Application will be forwarded in ordinance form fora final Public Hearing on March 18, 2008 before III Application will be forwarded in ordinance form for a final Public Hearing on March 18, 2008 before City Council. 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"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. 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 2nd 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 to Residential Single Family - Two (RSF-2). Staff suggests that a rezoning to RMF is not consistent with the Comprehensive 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. SOU%N, R/W LINE SDU7H PARK S7REET— — — — — — 'I (• •�� I I 3P5RCI 37-35- I I@�.g 0010-02000-0210 0 T. P L • CAPPOLA, LENORA o f r ro! 3-15R 37 �35- • • ' • • • • •• I • + ,� : • I I 7038 ELKHORN DRIVE I ' m mR"N i8 I s L. 0010-02010-0060 BYRD, h ROYAL PALM, BEACH,. ' JIMMY SR. & SHERYLE/ N- �- .� (. FLORIDA 33411 �. �'I -� h 9 ( 568 SW 67TH DRIVE 0 14 15 16 • 17 18 19 20 21 22 23 24 s� s OKEECHOBEE, FLORIDA 34974 o FND 5 8 IRON ROAD c 0 �0 P - — - - - IS W, 2 D STRE. ET _ J —Ro IrSERTfFfL�A7foR o �" (0.9', S.) 70100 T P 0. C. FI-00 " F7 g 70.00' d=2179'37" y., FND 4"x4" CONC. lo8? v ow �� S22.o�y M z v < L=154.17� . MONUMENT (BROKEN) I (m o? pm 0 o m- 2 0 I 2 2 pA 1Q=414.19 QQ oT o o l� tv � z l *91 p.' z om ' ra - 0 FND 5/8 IR&C �zora n z I N °° Si�o� O STAMPED' UNPLATTED UNPLATTED.- I UNPLATTED I ,-� 0 2� S f c v o> �_ a) a N S I v N Z. o O g "LS 2084" 0 OCCUPIED .. I OCCUPIED OCCUPIED oCA "'o I v o D w. + 0 z I h' 0'0 N ;� 3.0' S:)(0.5' W.) ow I QQw >, Imo'I ( : I IwA.�T jR°ow a��,Sv. I ...$�DERVICEPOLE.. �aJ Y � J 333 � � 9 I$m$ c,. } FND 5/8" VO Z f ° I .`°i mP "' i IRON ROD O g I NO ID (211' S.) CS U ..b PARCEL ID: 2-21-37-38 P' W I �n DAOO-00009-B000 UNPLATTED m £RFrcE aaE tip MIRELES FIDEL & PAU.LA BOX 2547 fb s LAKE PLACID, FLORIDA 33852 UNPLATTED v s7�N ;. VACANT ACRES .� f—,., CrlS 'jy; ORB75PG2I 7�Nu w;1C V ARCEL ID: 2-21-37- o 5-OAOO-00007-0000 y UNPLATTED $ ACHAPELLE, SHERI A, D o UNPLATTED. I' . OCCUPIED : ( PARCEL ID; 2-21-37-35- / 637 EEATLANTIC, BLVD t ORB''399,' PG 247 OAOD-00011-0000 HX OCCUPIED /SUITE 286 `I `o OCCUPIED', '170fx150' SHEPPARD TERENCE: DALE & 'MELISA OMPANO BEACH. to FND 5/8 IR&C I LESS N'20''FOR R/W I 300 SW 9TH AVENUE UNPLATTED LORIDA 33082 I ti STAMPED P.O. BOX 672' OKEECHOBEE, FLORIDA.349730672 LS 2084" '11 "E (0.1' N.) 150 OOT� 1V8955" �t SB935'l f "W 705.46 (C) 705, 00(D) 150, OO a p a SET 5/8" IR&C STAMPED PARCEL, ID: 2-21-37-35-OA00=00006-0000 - P.Q"B " C a OCCUPIED UNPLATTED. ALTOBELLO, FRANK TRUSTEE KAB LS.4820 BOX 417 SET 5/8" IR&C OKEECHOBEE, FLORIDA 34973-0417. STAMPED VACANT "KAB.LS 4820" :DESCRIPTION: (PROVIDED BY. CLIENT) 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 SOUTH WEST 10TH AVENUE, FORMERLY KNOWN ,AS PENSACOLA .STREET,'. AS SHOWN ON THE, MAP OF OKEECHOBEE.TOWNSITE;,17 RECORDED IN PLAT BOOK 2, PAGE 17. :THEPUBLIC RECORDS OF ST. LUCIE COUNTY, .'FLORIDA,, 345. FEET SOUTH OF THE.`SOU..TH .LINE. OF. SOUTHWEST PARK STREET, THENCE. RUN,SOUTH ALONG THEN EAST LINE:OF SOUTHWEST 1OTH 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 FOR 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, T0. THE INTERSECTION WITH •A, CURVE IN THE SOUTHERLY RIGHT. OF WAY, LINE OF SOUTH WEST 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 9TH AVENUE, A DISTANCE OF 154.05 FEET, THENCE RUN SOUTH ALONG THE. SAID CENTERLINE EXTENDED OF SOUTHWEST 9TH AVENUE, A' DISTANCE OF 370 FEET, TO -THE SOUTH EAST CORNER .OF LOT'18 AND 'THE POINT OF BEGINNING. PROJECT SPECIFIC NOTES: 1) UNLESS SHOWN OTHERWISE,. ALL.DIMENSIONS. ARE DEED(D) AND CALCULATED(C); . 2) THIS SURVEY IS NOT INTENDED. TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL .CONCERN. 3) PARCEL ,ID .2=21-371-35-OA00-00007-0000 4) ADDRESS:.-813 SW 2ND.•.STREET, OKEECHOBEE, FLORIDA 5) DATE OF LAST '.FIELD. SURVEY: , 07/21/2006 6). FLOOD :ZONE NOT DETERMINED: PARCEL: LIES WITHIN THE CITY LIMITS OF OKEECHOBEE. 7) THE SURVEY. DEPICTED :HERE IS NOT,COVERED BY PROFESSIONAL LIABILITY INSURANCE ADDITIONS OR DELETIONS p 50 100 TO SURVEY MAPS OR REPORTS. BY OTHER THAN THE.SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF' THE, SIGNING PARTY. OR PARTIES. '' ' scALE IN FEET MAP SCALE: 1 INCH - 100 FEET - .SURVEY PREPARED FOR SHERI LACHAPELLE BOUNDARY STANDARD NOTES: No: search of the public 'records. for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. j, The. survey depicted .here is : prepared :exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named.. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except %as,.shown:.No :attempt was made .to locate underground improvements and/or encroachments (if any) as part of this survey, This survey w_as,prepared in accordance with mintrnum;technicai standards established by th.e FIorl.da Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C,) pursuant. -to 'Section. 472.027,. Florida Statutes .... PREPARED FOR THE EXCLUSIVE USE OF: DESCRIPTION DATE BY CK SHERI LACHAPELLE' BOUNDARY SURVEY& ZONING APP.` 08-01-06 RLC KAB K ADD ESMT, ORB 75 PG 243 11=15-06 RLC AB DESCRIPTION REFERENCE:.. PROVIDED BY CLIENT OR .CLIENT'S REPRESENTATIVE FB/PG: 189/54 SCALE: 1" = 100' BEARING REFERENCE: . EAST , R/W OF .SW 1 OTH . AVENUE; TAKEN TO BEAR S 00'00'55" W FILE: 202713 JOB NO: 20273 'LEGEND O-Set Iron Rod and Cap "KAB LS 4820" ❑-Found CM *-Found Iron Rod (and Cap) O -Found Pipe (and Cap) ABBREVIATIONS EL -Baseline; BM=Benchmark; CL=Centerline; C=Calculated; CATV=Coble TV; CM= Concrete Monument; CONC=Concre.le; (D)-Deed; -Delta or Central Angle; E=East; E/P.—Edge of Pavement; ESMT=Easement; F.I.R.M.—Flood Insurance Rate Mop; FND=Found; IP=Iron Pipe; IR&(C)=Iron Rod (and ID Cap); L=(Arc) Length; (M)=Measured; MH=Manhole; N=North; (NGVD)=Nationol Geodetic Vertical Datum of 1929; OHW=Overhead Wires; ORB-Officloi Records. Book; k=Properly Line;. (P)=Plat; PC=Point of Curvature; PCC=Point of Compound Curvature; PCP= Permanent, Control Point; PG= Page; POB=Point of Beginning; POC=Polnt of Commencement; PRC=Point of Reverse Curvature; PRM—Permanent Reference Monument; PT=Point of Tongene PU&D—Public Utllitly and Drainage; R=Radius; R/W=Right— of —Way; S=South; SLY=Southerly, T=Tangent; TEL=Telephone Splice or Switch Box; W=West; L WPP=Wood Power Pole; UTIL=UtilitXies);>0=Spot Elevation based on indicated Datum, S /C The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being.a in the matter o in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. [n Cal v c Sworn to 6drsubscriWm Before me this { t Y P day of A.D. 20LL)JP� `e, Janetta Thiboult Commission # DD505311 �n, oQ Expires January 10, 2010 N ry Public, State of Florida at Large q v� OF FL 8onaeo troy Fam insurance Inc 800.385-7019 FXHISIT NO. 2�5� FF819 - r RFAV EXHIBIT No. MAR 18' - FINAL ORDINANCE NO. 1014 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 7, SOUTH OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 7 OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an Alley Closing Application (No. 87) from Kenneth Egan, on behalf of the property owner(s), LEMAC, LLC (a Florida Limited Liability Company), for the closing of a certain alleyway as described in this ordinance to utilize the property for security and improve appearance; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED by 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 One. The alleyway described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: The alleyway running North to South located between Lots 1 through 3 and Lots 7 through 9, of Block 7, South Okeechobee Subdivision, according to the plat thereof as recorded in Plat Book 5, Page 7, of the public records for Okeechobee County, Florida. Section Two. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Three. This ordinance shall be set for final public hearing the 18th day of March. 2008, and shall take effect immediately upon its adoption. Page 1 of 2 INTRODUCED for first reading and set for final public hearing this 191h day of February, 2008. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 181h day of March, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 MEMORANDUM To: Mayor and Council Members From: Melisa Eddings, Deputy Clerkm% ' Subject: Alley Closing No. 87 Date: January 30, 2008 Attached is a completed alley closing application submitted by Kenneth Egan on behalf of property owners LEMAC, LLC_ to close the North to South alleway between Lots 1 to 3 and Lots 7 to 9 of Block 7, Souk Okeechobee. The purpose of the alley closing is to improve the appearance of the car lot (Affordable Auto) and add security. Utility companies, FP & L, Embarq, Comcast and OUA, do not require any type of easement. City Engineer Bermudez objects to the alley closing due to drainage problems in the City. The decision before the Council would be to either deny the application, or instruct the City Attorney to draft the appropriate ordinance closing the alleyway and present it for first reading at the February 19, 2008 meeting. Should you have any questions please do not hesitate to contact me. Thank you. CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION Pa 9 (2 Please type or print: APPLICATION NO-. g'( NAME OF APPLId-AN: l C MAILING ADDRESS '1 X7 0 i9✓ CITY-STATE ZIP,,f�_ 3y/0'/ CEO��3��y9 _/35 1PL�� x s l' . t ns1 ITI S A' 6 , ,� Y , E5. r} PHONE ; '�' TM�'~A � ,: �t5 Atta�twka`�t i at{is if more than two "the sal e nif iaj�i r as al i ec above. If POP—rty appNtatfid�ktherra leer stating their consents t` �lL}b SG i�I l tgo Ke$ tsi ai�lq a atreavanay m tns ctry of 0teAl y dlvision'stheremayt3sium a� �ETI : = 5r u�inatlitmetu cmwatn asso u5Iw;i R PURPOSE OF CLOSING STREET/ALLEY: C fic - 7 /�i G i�GG' •�LGf-�/ V �-= C�fii �-f7/ Signature of Applicant Applicant Print Name The foregoing instrument was Lf\ne``(n . � � Q t/l and (applicant) Signature of Co -Applicant Print Name acknowledged before me this �JLU �� c)Do by (date) who is personally known to me of (co -applicant) who produced _ (/�/�T / %� as identification and who did (did not) take oath. NOTARY PUBLIC -STATE OF FLORIDA Z WM== � Notary Public, Commission No.PWq=C Dianne M. Pachol (signature) '- _Commission # DD6D0200 ll Commis DEC. D4, 0200 PLlrLl (Name of Notary typed, printed or stamped' BONDED TARU ATL.ANMC BONDING CO-, INC The Schweikhardt Law Firm, Chartered Benjamin T. Jepson Katherine Ann Schweikhardt William Schweikhardt Mr. Ken Egan Capital Pawn 1933 Davis Blvd. Naples, FL 34104 Re: Alleyway Easement Dear Mr. Egan: 900 Sixth Avenue, South Naples, FL 34102 (239) 262-2227 Facsimile (239) 262-8287 September 21, 2007 pQ� a Enclosed is a Quit Claim Deed from Nahum H. Garcia to Lemac, LLC for any and all interest which Mr. Garcia may have in the vacated alleyway. Please have Mr. Garcia sign the Deed in the presence of two witnesses and a notary public. The notary may act as one of the witnesses if necessary. Each witness must sign their name where indicated and print their name below their signature. The notary must then notarize the entire document in the presence of everyone. After the Deed has been witnessed and notarized, please return it to our office and we will have it recorded in the Okeechobee County public records. I enclose a return envelope for your convenience. Please feel free to contact our office if you have any questions or concerns. Kindest regards. Very truly yours, Katherine Ann Schweikh`ardt This Instrument Prepared By: Benjamin T. Jepson Attorney at Law The Schweikhardt Law Firm, Chartered 900 Sixth Avenue South, Suite 203 Naples, FL 34102 *WITHOUT TITLE EXAMINATION OR OPINION* Property I.D. Number is: 3-21-37-35-004-00070-0010 and 3-21-37-35-004-0007-0070 Second Party's Tax I.D. Number is: ABOVE SPACE RESERVED FOR RECORDERS USE QUIT -CLAIM DEED THIS QUIT -CLAIM DEED, executed this day of September, A.D., 2007, by NAHUM H. GARCIA, a single man, whose post office address is: 115 S.W. 10"' Street, Okeechobee, Florida 34974, first party, to LEMAC, L.L.C., a Florida limited liability company, whose post office address is: 4527 Arnold Avenue, Naples, Florida 34104-3339, second parry: (Wherever used herein the terms "first party" and "second parry" shall include singular and plural, heirs, legal representative and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires. WITNESSETH, that the said first party, for and in consideration of the sum of TEN DOLLARS ($10.00) in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said second parry forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Okeechobee, State of Florida, to - wit: That certain parcel of land, commonly referred to as an "ALLEYWAY", located between the westerly border of Lots 1, 2, and 3, Block 7, SOUTH OKEECHOBEE, according to the plat thereof as recorded in Plat Book 5, Page 7, of the Public Records of Okeechobee County, Florida and the easterly border of Lots 7, 8 and 9, SOUTH OKEECHOBEE, according to the plat thereof recorded in Plat Book 1, Page 17, of the Public Records of Okeechobee County, Florida. TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WMREOF, the said first parry has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in presence of. f SS NAME: 1 SS NAME: STATE OF FLORIDA Nahum H. Garcia COUNTY OF 0Kee0nQbee. ,�, rJwa,nber The foregoing instrument was acknowledged before me this day of Septet, 2007, by Nahum H. Garcia, who has produced a valid drivers license as identification, and who did not take an oath. it?„^ o' �Iorijn t,.r:aeda _pn Soi.li O1,450047 F= a -chi . C4107rr10g NO M PUBLI (SEAL) My Commission Expires: R- Z• of 1NUNVID. TO INUIVR). Rem.n m: Irntlmr rril-NJrt..rJ ri.ePrd en.tlnpl l?— ..S. /'t e Aeen•..: Ir TM. Innrvmml P'.Psrta by; 4x* ✓ 4, E✓Cadl� ,��n/�. N.m.: %$'02/f SHALL:NGTOi+/S M;LL /fNf Add....: MAC L L �S F<t'<<i Ah c. a 78 S.Z rronhPen/A7. 7->Oa�o- Bo7o O,h.010 ' by 7 FILED FOR RECORD OKEECHOBEE CO. FL. 98407 97 AI1r 12 F11 ►, - 13 SHARON ROBERTSON CLERK OF CIRCUIT COURT Docum ntary Stamps paid In the amount of $ �yb.00 Cass C Inta Ible Tax paid In the amount or o WWI 0auft date �`LC' � SPACE AEOVETIIIS LINE FOR PROCESSING DATA - SPACE AEOVE THIS LINE FOR RECORDING DATA X to q is ewarra L? �ee , Made the 1. �— day of y Ac �oK R Eurn aeT� hereinafter called the Grantor, to AlkAJts.n H,.__�� r' is whose post office address Is 909 S. DAAR�T' 4d--,_ /[L�Frf/o/f�F .ALA. 3¢99/L, hereinafter called the Grantee. Iwhe..... a.eJ hrrrin Iht Inm. 'rk.mnr'.ad'[irs,ilrr' iaeluJe dl Ia! P'snit. b ihh innunaNal and the hein. Ityl apreuMUltn, sad udS.. DI tnehid..h. sad Ihr .accewn snd .s.Ig.i .1 rD Mnii'i— .Hera Ihr ..minim "Rai" Dr regaua.) Pitucsseill, That the Grantor, for and in consideration of the sum of $ %D. 00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, « mises, releases, conveys and con trms unto the Grantee all that certain land, situate in D EE G/(/yA-E County, State of n _,*44 viz: ZO/S r% S� 9t l3tOC/� % Sofit-ol QkeErelvpse-- �1'6oC"-%// TNrkLcol� R6CD�6� % N � cn l t(%p k PAGE P"66'c /1--Go/W,S DF �k�EcHo9F� Lop.v:yy % Lo?'ZA SN %j� d c i %D lQEscPw9 I—,'- Al., /i?� S %G; c i r'oA/T Rn/d F/fSE.PtEn/i5 0 o REeo,a ;X R,ay Zrvgetiter, with all fhe tenements, hereditamenrs and appurtenances thereto belonging or in anywise appertaining. to �iabe anb to Polb, the same in fee simple forever. ,Anb 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, and hereby 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 atl encumbrances, except taxes accruing subsequent to December 31, 19 q7 ,3tt Affiliess pljereof, the said Grantor has signed and seated these presents the day and year first above n•riltcn. 5/igled , sealed urt�d/dLeliwer d it, the presence of: `WWII- ,Siig/M....1."ofnnr1O...D,t Prim d N.mr 1T/Ll�' A�w � s u t.. ID fiat o..n:yn � d'o Rtc-�- • P.imte N.mt wiirc.. Slrn.iurt fn ro Cn-0,rnia. It ant) whn... Sit...... I..m C.-C— .if.r,1 P.InnJ N.m. STATE OF �Lo,etI ) COUNTY OF �CFL- I+c' En EIS i� E , ) Onnla SIsllauls �.c roll 2. F�F,/F7T PA—d N.mt 9Sr?1I SffolL avc: ow S M : !L AA Pei. Olfict Add— F`- MIMed Nun. Pull Of line Addrna 1 hereby Certify that on this day, before me, an officer duly authorized to administer onlhs and lake acknowledgmcnts, personally appeared known ID me tD be the person described in and who executed the foregoing instrument, who acknowledged before me that executed the same, and an oath was not token. (Check one:) WSaid person(s) (dare personalty known to me. O Said persun(s) pruvided the following type of identification: NOTARY RUBBER STAMP SEAL Witness my hand and official sea! !.n. th- County and Stale Iasi aforesaid ihic P24 day of , A.D. 1917 BETTE P. MOORE Notary Public, State of Florida nl My comm. expires July 6,1998 G G)0 Comm. No. CC 390204 °" '"' nK0394 PbIiE f 21) g pa9w `►j0450 ►j.-1940 go 0�, F1tEa i:t i u, Doarnwte,y St AVA p a A (.1e ama.,, ,,1 TDDI FEp �1 t"^' ' R t J92:s do 3 4 8 7 81 Gass C Irdulgibb Tax paw in arc arnourd SHARON ROUi_R' 1 `L'+ CLERK OF CIRCUIT COUP. ; �� ` �CYAdiCtallt I'm rD-N. 6&- 3-21-37-35-0040-00070-0040 tauurt #1 TM Bll: D.C. Da1s:_� e?7 gas/ Warranty Deed This Indenture, Made thir 201h dac of February , 2001 A.D. , Between ASHOKKUMAR M. PATEL and PRATIBHA A. PATEL, his wife• of dre crwmy of OKEECHOBEE sate of Florida grantors, and LAMB OF GOD MINISTRIES, INCORPOR4TED, a corporation existing under the laxs of the state of Florida .boar .d*m is: 971 So. Dixie Hxy, West #5, Pompano Beach, Florida 33060 of the cmnry of Broward seas or Florida + grantee. W itnesseth dm me GRANTORS, for and fit crosi kmWn of dre am or --------------- -----TE,rVh NO/100($10.00)------------------- 9Or.LARS. and tNlrer good and valwbk tp¢sidvauoo l0 GRANTORS in hard paid by GRANTEE, the receirA whcreor �• Mretry ackrgwkdged, have gamed, barpmed and sold m the mid GRANTEE and GRANTEE'S successors and assigm forever. the tolbwing dgcribed Iard. snum. lying aml being in the County of OKEECHOBEE sue of Florida to wit_ Lots 4, 5, 6, 10, 11 and 12 of Block 7, SOUTH OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 7 of the Public Records of Okeechobee County, Florida, LESS the West 15 feet of Lots 10, 11 and 12. ALSO, that certain alleyway lying in Block 7, being 15 feet wide and bordered on the East side by Lots 4, 5 and 6 and bordered on the West by Lots 10, 11 and 12, in Block 7, SOUTH OKEECHOBEE, according to the plat thereof as recorded in Plat Book 5, Page 7 of the Public Records of Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 2001. GRANTOR FURTHER WARRANTS THAT THEY HAVE FULL POWER AND AUTHORITY TO EXECUTE THIS WARRANTY DEED PURSUANT TO POWER OF ATTORNEY AS RECORDED IN OFFICIAL RECORD BOOK 423, PAGE 1226, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND THAT SAID POWER OF ATTORNEY IS IS STILL IN FULL FORCE AND EFFECT AND HAS NOT BEEN AMENDED OR REVOKED IN ANYWAY. and be grantors do herby fully warrant We We to said lud. and will defend tb+ same against lawful claims of all persom whomsoever. In Witness Whereof, the gm_ h._ h> =Rjo xt ftihands and scats the dry and year firsr above written. tA nd deliver P�Ce- (Sal) K. JASHOKKUMAR M. PATEL 0 BOthP.O. Address 601 N- PARROT( AVENUE.OKEECHOBEE. FL la9'2- A ''I�. .9 . JARRFIl. PRATIBHA A- PATEL R 41T�SS as to Both P-0. Address 601 N- PARROTT AVENUE. OKEECHOBEE, FL Wn STATE OF Florida COUNTY OF OKEECHOBEE The forcgomg imoemem was ackmwledged bcfine me this 201h day of February , 2001 by AC1I0I{KLim4R M, PAM, and PRATIBHA A_ PATEL, wM arc perso,nlly known to me o, who love p od"ed du- Florida driver' icernses as den[ifica n. rho Docunr g Pr pa d By: _ TMA JA ELL MEECHOBEE ABSTRACT a< TM a+sT, cE. Bic. K Ot N�B'� A . ARl m7 N W zee st— Me" # CC9 mienPUBE 1 01104 _sT< kry omm Eapira: Ok�CHOBEE . FL 34972 *,y' p.cambw t. 2 '.� • a Br'aaewnarawamnara7. 31206 Prepared by; Record and Return to: Wendy Bostwick Big Lake Title Company, Inc 2106 South Parrott Avenue Okeechobee, Florida 34974 File Number: 2599 Warranty Deed Made this December 3, 2005 A.D. , By Charles D. Godwin and Kippy S. Godwin, husband and wife • INlIUNHIIHNIIIHl�iillIIIHIIIIIfIN1181HIINIIH �c e 7 FILE NIJM 2005025518 OR BK 010584 PG 1120 SHARON ROBERTSON? CLERK. OF CIRCUIT COURT OKEECHOBEE COUNT'fr FL RECORDED 12/13/2005 11:19:24 AM RECORDING FEES 10.00 DEED DOC 3,r500.00 RECORDED BY G Meubourn whose address is: 7053 SW 13th Street, Okeechobee, FL 34974, hereinafter called the grantor, to Lemac LLC,a Florida Limited Liability Corporation, whose address is: 4527 Arnold Avenue, Naples, FL 34104-3339, hereinafter called the grantee: (Whenever used ba cin the term "grantor' and "grantee' include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) - Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Okeechobee County, Florida, viz: Lots 1, 2 and 3, Block 7, SOUTH OKEECHOBEE according to the Plat thereof recorded in Plat Book 5, Page 7 of the Public Records of Okeechobee County, Florida. Parcel ID Number: 3-21-37-35-0040-00070-0010 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, the said grantor has signed and sealed these presents the day and year first above written. and delivered in our witness Printed Name Printed Name State of Florida County of Okeechobee (Seal) LCharles Address: 7053 SW 13th Street, Oj�echo ee, FL 34974 �` (Seal) Kippy S. o w Address: 7053 S 13th Street, Okeechobee, FL 34974 The foregoing instrument was acknowledged before me this 3rd day of December, 2005, by Charles D. Godwin and Kippy S. Godwin, husband and wife, who is/are personally known to me or who has produced PERSONALLY KNOWN as identification. i Not Public ``vvsttsu 6 nr rn,rrr ,i O� BOg My Commission Expires' 4.• •QTA • T� (SEAL) _ My Comm. Expires October 14. 2006 _ No. DD 156251 �FrOFr F, OP��``` DEED Individual Warranty Deed - Legal on Face Closers' Choice ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We, (property owner(s)) own the following property: z r1 `i 5- / r /?Lc6,� 7 (Legal Description) (Legal Description) and do hereby consent (agree) to the closing of the alley and/or street described below: (Description of Subject Street/Alley) (Description of Subject Street/Alley) Signature of Property Owner Signature of Property Owner Printed Name Printed Name STATE OF FWY-taa COUNTY OF Oke-eC"cbet Sworn to (or affirmed) and subscribed before me this day of 20!D---�-, by %C-Wk:9,1 Lew0J(1d0wskA (Seal) A=�"Noiary ublicStateofFbrida Notary Signature J Egan missionDD45D047�D91072009 /7L1J` Gut — - --- Printed Name Personally known OR Produced Identification __ Type of Identification Produced Pay9 ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We, (property owner(s)) own the following property: r 7 S; r 6'Ca C 7 (Legal Description) (Legal Description) and do hereby consent (agree) to the closing of the alley and/or street described below: (Description of Subject Street/Alley) (Description of Subject Street/Alley) Signature of Proll wner Signature of Property Owner ///,, h wzu mar" Printed Name STATE OF TAD14 kig- Printed Name COUNTY OF Qkx--eChobeee ., Sworn to (or affirmed) and subscribed before me this _�_ day of k' I 20_Q_I_ by pia V-t-� ( oure ion (Seal) `pav>uy' NoiaryPublicSlateofFlorida Notary Signature 0 U a' Amanda J Egan FAyCanmissionDDASOo4? AriftvxtoL V . EaCLIn ''� oc ��c E%PIfZS o9107R0iT3 Printed Name Personally known OR Produced Identification _ Type of Identification Produced _ _Pa_�e io spd",.lnc. jy ' 407-8 1627 , i or (fex 4D7-689-i636 ►n5 QJa� ��e. �C Fi ed Sign to Typed ame & TtEfe phone No. Dato 06 M ons� Adefpt'tia Cable 107 N.W. 7th Ave Okeechobee, FL 34972 863�763.2y87 Authorized Signature Okeechobee Utility Autbbnty` _` 100 S.W. 51" Avenue - - Okeechobee, FL 34974 863-763-9460 CaRL &Rs /"' 7'' w f s L a As ffJ� 1 W �86�� Ili - i 3 Typed Name & Title Phone No. Date Typed Na e & Title 1 Phone No. Required Only For Citv of Okeechobee & First Addition to Citv of Okeechobee Subdivisions: Lk Estate breth stee3-3154 Authorized Signature Typed Name & Title Phone No. Date Voice I Data I Internet I Wireless I Entertainment November 19, 2007 Lemac, LLC c/o Amanda Egan 4527 Arnold Ave. Naples, FL 34104 E M BARQ" Elnbarq Corporation Mailstop: FLAPKA 0305 P.O. Box 165000 Altamonte Springs, FL 32716- 5000 EMBARQ.com RE: No Object for the Vacation of Alley behind 1000 Parrott Ave. Adjacent Lots 1-3, Blk 7, South Okeechobee, Okeechobee County, FL Dear Mrs. Egan:: With reference to the request for a vacation of the alley lying west of lots 1-3, Block 7, South Okeechobee according to Plat Book 5, pg 7, we do not object to the vacation, subject to receiving an easement for the continued operation and maintenance of the Embarq facilities in the area. If you have any questions, you can reach me at the number shown below. Since ly, OKEECHOBEE UTILITY AUTHORITY 100 S.W. 5th Avenue Okeechobee, Florida 34974-4221 (863) 763-9460 FAX: (863) 763-9036 May 1, 2007 Affordable Auto Karen Williams 1000 S. Parrott Avenue Okeechobee, FL 34974 Re: Abandonment of Partial Alley, Block 7, South Okeechobee Dear Ms. Williams: The Okeechobee Utility Authority, (OUA) has reviewed the drawings of the alleyway to be considered for abandonment. OUA has field -verified that it does not have water or sewer lines in the alleyway between Lots 1, 2, and 3 and Lots 7, 8, and 9 of Block 7, South Okeechobee. OUA does not object to the abandonment of this alleyway. Please let me know should you need any additional information. Sincerely, ohn F. Hayford, Executive Director Okeechobee Utility Authority Page 3 - -3e, 13 Donnie Robertson, FIRE DEPARTMENT Smith; Fire Chief e application I S OFFICE 01 7- hat Works Date Oscar Bermudez, City Engineer ILI M 1176 "e", I a M M To: Lane Gamiotea, City Clerk x`v From: Oscar Bermudez, Engineer Alley - Closing Property, Between SW I& St and SW 11t' St. Date: January 29, 2008 Re: Application from Lemac , LLC. 4527 Arnold Ave. Naples Fl. The Engineering Department has visited the site and found that future drainage problems may be generated near the requested abandon subject City of Okeechobee Alley_ We are aware of the critical drainage problems on City of Okeechobee City, and for that reason the Engineering Office will recommend not approving the request for the Alley Closing until future Master Drainage Plans for the City of Okeechobee are finalize and we can determine drainage flow paths. It is the Engineering Department's opinion that the City of Okeechobee Council shall be very cautious before approving abandoning any Alleys. ommik"I'll 16113MM Pgo Rpm � 'Jm The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a AAA in the rnatter of in the 19th Judicial District of the Circuit Courtof Okeechobee County, Florida, was published in said newspaper in the issues of r Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. r� Sworn t a subsc ' d before me this Y pie, Janetta Thiboult Commission # DD505311 o Expires January 10, 2010 Rodeo Trov Pam in5wance Inc 800-385-7019 EXHIBIT NO. MAR I8'" - f ' READ EXHIBIT Na. APR la - FINAL ORDINANCE NO. 1015 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 360, AS AMENDED, WHICH ESTABLISHED STANDARDS OF CONSTRUCTION FOR PRIVATE DRIVEWAYS UPON OR ACROSS PUBLIC PROPERTY; PROVIDING FOR AN INCREASE IN THE PERMIT FEE; PROVIDING FOR AN AMENDMENT IN THE MINIMUM REQUIREMENTS; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 360 which established standards of construction for private driveways upon or across public property and provided for fees of such permits to be collected by the City; and as amended by Ordinance Number 440 relating to the minimum requirements of culverts and NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Sec_. That Division Il, Driveways, Sections 46-42, 46-44, 46-46, and 46-47 are hereby amended as follows: Sec. 46-42. Permit required. No person shall construct, build, establish or maintain any driveway over, across or upon any portion of the public sidewalk or public patkway right-of-wav, including drainage ditches, without first having obtained a written permit to in g public so Director of Public Works. No such permit shall be issued for construction or establishment of any such driveway except in accordance with the provisions contained in this article. This permit is in addition to any other permit that may be required by the building code of the City. Sec. 46-44. Permit fee. Before a permit required by this article issued, the contractor shall pay to the city a permit and inspection of $&ee 140.00. Sec. 46-46. Minimum Requirements. (1)-(2) (No change). (3) Where driveways cross open ditches in the pa-i s city right-of-way, culverts shall be installed. Such culverts shall be of such size and lengths as determined by the Director of Public Works. In no instance shall the size of opening be less than that obtained by a h 12-inch diameter pipe. All culverts shall be at least 20 feet in length. All culverts shall be constructed of such material and thickness so as to meet the minimum specification of the State Department of Transportation. The length of culverts shall be determined by the following method: For a ditch depth of two feet or less, the culvert shall extend not less than four feet beyond each edge of the driveway where it crosses the ditch. For each additional foot depth of ditch add two feet to the above figure, except that where headwalls are constructed at the ends of the culvert the length shall be as determined by the Director of Public Works. Language underlined is to be added. Language str� is to be deleted. Ordinance No. 1015 - Page 1 of 2 Sec. 46-47. Duty to Maintain. All driveways constructed or reconstructed over, across or upon any public street or public parkvmY right-of-way in of city thisshall rtible kept the persons soand maintaind aconall struct constructing, accordance with the provision reconstructing or using the driveway as an adjunct or appurtenance to lands or properties immediately adjacent thereto. Section 2. Conflicts. That all ordinances or parts of ordinances in conflict herewith, be and the same are hereby repealed. Section 3. Severability. That if any clause, section or other part of this Ordinance shall be held invalid or unconstitutional by any court or competent jurisdiction, the remainder of this Ordinance shall not be effected thereby, but shall remain in full force and effect. Section 4. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 18th day of March, 2008. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 18t day of April, 2008. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language underlined is to be added. Ordinance No.1015 - Page 2 of 2 Language stfiekert is to be deleted. MAR 18 AGENDA - EXHIBIT NO.6 RESOLUTION NO. 08-04 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, ENDORSING FUNDING REQUESTS TO DEVELOP RAIL CORRIDORS INTENDED TO BRING STABILITY TO THE NATION'S RAIL PASSENGER NETWORK; PROVIDE STATES THE FUNDING NEEDED TO DEVELOP SUCCESSFUL RAIL CORRIDORS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida is one of the most congested states in the country; and WHEREAS, Florida's statewide population is projected to increase immensely over a period of ten years and the State's already -strained transportation infrastructure cannot accommodate that population and ensuing economic growth; and WHEREAS, passenger rail provides an efficient, safe and environmentally sound means of transportation for commuters, business, and leisure travelers; and WHEREAS, the State of Florida has worked together to improve access to the Amtrak system; and WHEREAS, Amtrak provides essential service to Florida communities and continues to show strong ridership despite a significant downturn in travel in the United States; and WHEREAS, Congress has introduced several measures intended to provide states with a dedicated source of funding to develop viable, safe, efficient passenger rail networks. NOW THEREFORE, it is resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public me6)ting; and passed by majority vote of the City Council; and properly executed b�✓ the Mayor or designee, as Chief Presiding Officer for the City: 1. THAT the City of Okeechobee, Florida hemty endorses and urgently requests that all the Members of Congress representing the State of Florida support passage of legislative measures, intended to bring stability to the nation's rail passenger network and provide states the funding needed to develop successful rail corridors. 2. THAT this resolution shall become effective immediately upon passage by majority vote of the members of the City Council. INTRODUCED AND ADOPTED this 18" day of March. 2008. ATTEST: Lane Gamiotea, CMC City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kink, Mayor L)MlBIT MARCH 18, ZOO8 Dr. Adelberg City Fire Medical Director MEDICAL DIRECTOR AGREEMENT THIS AGREEMENT made and entered into effective the 1st day of April 2008, by and between the CITY OF OKEECHOBEE a political subdivision of the State of Florida, hereinafter referred to as "CITY" and J. MICHAEL ADELBERG, M.D., FAEP, hereinafter referred to as "Dr. Adelberg" or "MEDICAL DIRECTOR." WITNESSETH: WHEREAS, the CITY is a political subdivision of the State of Florida, having a responsibility to provide certain services to benefit the citizens of Okeechobee City; and WHEREAS, the Okeechobee City Fire Department utilizes emergency medical technicians and paramedics to perform basic life support procedures; and WHEREAS, Section 401.265, Florida Statutes, requires a Medical Director to supervise and assume direct responsibility for the medical performance of the emergency medical technicians and paramedics; and WHEREAS, J. Michael Adelberg, M.D., FAEP, is a duly licensed physician in the State of Florida; and Page 1 of 8 WHEREAS, Dr. Adelberg has agreed to provide services as Medical Director, as more particularly hereinafter described and under the terms and conditions set forth in this Agreement. NOW THEREFORE in consideration of the premises, and in consideration of the mutual conditions, covenants, and obligations hereafter expressed, it is agreed as follows: 1. Recitals. THAT the foregoing recitals are true and correct and constitute a material inducement to the parties to enter into this Agreement. 2. Specific Provisions. THAT the parties hereby agree to the following specific provisions: A. Scope of Services. 1) Dr. Adelberg shall perform all duties of a Medical Director as specified in Section 401.265, Florida Statutes, Rule 10D-66.0505, Florida Administrative Code, and as otherwise specified in any law of the State of Florida. 2) The MEDICAL DIRECTOR shall supervise and assume direct responsibility for the medical performance of the emergency medical technicians and paramedics operating for the City of Okeechobee Fire Department. 3) The MEDICAL DIRECTOR shall establish and maintain a quality assurance program to provide for quality assurance review of all emergency medical technicians and paramedics operating under his supervision. 4) The MEDICAL DIRECTOR shall document facts and other information, and report to the Department of Health and Rehabilitative Services, in the event the MEDICAL DIRECTOR has reasonable belief that conduct by an emergency medical technician or paramedic may constitute one or more grounds for discipline, as provided by the Florida Statutes. Page 2 of 8 5) The MEDICAL DIRECTOR shall endorse upon the approved agreement the written standing order and protocols, which are complied and accepted upon this mutual agreement. Any changes, additions to or deletions from current standing orders and protocols will be developed by the MEDICAL DIRECTOR to ensure medical correctness. B. Payment. In consideration of the performance of this Agreement, the CITY agrees to pay MEDICAL DIRECTOR for all work actually performed, the sum of FIVE HUNDRED DOLLARS ($500.00) per month. The CITY reserves the right to ratably withhold amounts in the event of the nonperformance of all or part of the MEDICAL DIRECTOR'S obligations. C. Commencement; Term. The MEDICAL DIRECTOR shall commence work under this Agreement on April 1, 2008 and shall continue to provide services for the duration of this Agreement. This Agreement shall be for a Term of one (1) year and may be renewed for one (1) additional one-year term upon mutual consent of the parties in writing. D. Termination. This Agreement may be terminated at any time with or without cause by either party giving ninety (90) days written notice to the party; provided, however that termination upon the MEDICAL DIRECTOR's default shall be governed by paragraph 413 herein below and provided, that the provisions of this paragraph shall not be construed to relieve either party from it's rights or obligations of this Agreement through the date of the actual termination. E. Notices. All notices to the parties under this Agreement shall be in writing and sent certified mail, return receipt requested to: For the City: CITY OF OKEECHOBEE FIRE DEPARTMENT Attention: Fire Chief 55 SE 3`d Avenue Okeechobee, Florida 34974 For the MEDICAL DIRECTOR: J. Michael Adelberg, M.D. 2189 Driftwood Circle Palm Beach Gardens, Florida 33410 F. Insurance. The MEDICAL DIRECTOR shall maintain such insurance as will fully protect both the MEDICAL DIRECTOR and CITY from any and all claims under any Workers Compensation Act or Employers Liability Laws and from any and all claims of whatsoever kind or nature for damage to property or for personal injury including death made by anyone whomsoever, Page 3 of 8 that may arise from operations carried on under this Agreement, either by the MEDICAL DIRECTOR, any subcontractor, or by anyone directly or indirectly engaged or employed by either of them. 3. General Provisions. THAT the parties hereby agree to the following general provisions: A. Representations of the Medical Director. The MEDICAL DIRECTOR represents that he has sufficient technical expertise to perform the services contemplated by this Agreement in a timely and professional manner consistent with the standards of the industry in which the MEDICAL DIRECTOR operates. B. Personal nature of Agreement. The MEDICAL DIRECTOR hereby warrants that he has the necessary technical expertise and training to perform its duties as outlined in this Agreement. The parties acknowledge that the CITY places great reliance an emphasis upon the knowledge expertise and personal abilities of the MEDICAL DIRECTOR. Accordingly, this Agreement is personal and the MEDICAL DIRECTOR shall not assign or delegate any rights or duties hereunder without the specific written consent of The CITY. In the event the MEDICAL DIRECTOR requires the services of any subcontractor or professional associate in connection with the work to be performed under this Agreement, the MEDICAL DIRECTOR shall obtain the written approval of the CITY Project Manager prior to engaging such subcontractor or professional associate. C. Independent contractor. It is specifically agreed that the MEDICAL DIRECTOR is deemed to be an independent contractor and not a servant, employee, joint adventurer or partner of the CITY. It is further agreed that no agent, employee, or servant of the MEDICAL DIRECTOR shall be deemed to be the agent, employee, or servant of the CITY. None of the benefits, if any, provided by the CITY to it's employees, including but not limited to compensation, insurance and unemployment insurance are available from the CITY to the employees, agents, or servants of the MEDICAL DIRECTOR will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, and subcontractors during the performance of this Agreement. Although the MEDICAL DIRECTOR is an independent contractor, the work contemplated herein must meet the approval of the CITY and shall be subject to the CITY's general right of Inspection to secure the satisfactory completion thereof. The MEDICAL DIRECTOR Agrees to comply with all Federal, State and municipal laws, rules and regulations that are now or may in the future become applicable to the MEDICAL DIRECTOR, the MEDICAL DIRECTOR's business, equipment, or personnel Page 4 of 8 engaged in operations covered by this Agreement or accruing out of the performance of such operations. The CITY will not be held responsible for the collection of or the payment of taxes or contributions of any nature on behalf of the MEDICAL DIRECTOR. D. Indemnification. Irrespective of any insurance carried by the MEDICAL DIRECTOR, pursuant to this Agreement or otherwise, the MEDICAL DIRECTOR shall indemnify and hold the CITY harmless against and from the loss, cost, damage or expense, including reasonable attorney's fees and court cost, arising out of any accident, casualty, or other occurrence causing injury to any person or property arising from the MEDICAL DIRECTOR's performance under this Agreement, whether by the MEDICAL DIRECTOR, his agents, employees or subcontractors, and whether caused by or arising from any act or omission of the MEDICAL DIRECTOR, his agents, employees, or subcontractors. In the event that any claim in writing is asserted by a third party which may entitle the CITY to indemnification, the CITY shall give notice thereof to the MEDICAL DI RECTOR which notice shall be accompanied by a copy of statement of the claim. Following the notice, the MEDICAL DIRECTOR shall have the right, but not the obligation, to participate at his sole expense, in the defense, compromise or settlement of such claim with counsel of his choice. If the MEDICAL DIRECTOR shall fail timely to defend, contest or otherwise protect against any suit, action or otherwise protect against any suit, action or other proceeding arising from such claim, the CITY shall have the right to defend, contest or otherwise protect itself against same and be reimbursed for expenses and reasonable attorney's fees and, upon not less than ten (10) days notice to the MEDICAL DIRECTOR, to make any reasonable compromise or settlement thereof. In connection with any claim as aforesaid, the parties hereto shall cooperate fully with each other and make available all pertinent information necessary or advisable for the defense, compromise or settlement of such claim. E. Public Records. All documents, papers, letters or other materials made by, received by, or maintained by the MEDICAL DIRECTOR in accordance with this Agreement shall be subject to the provisions of Chapter 119 Florida Statutes. The MEDICAL DIRECTOR shall allow public access to such documents and materials in accordance with the provisions of Chapter 119 Florida Statutes. Should the MEDICAL DIRECTOR assert any exemptions to the requirements of Chapter 119 and related statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the MEDICAL DIRECTOR. The CITY reserves the right to unilaterally cancel this Agreement for refusal by the MEDICAL DIRECTOR to allow public access to any documents which are subject to the provisions of Chapter 119 Florida Statutes. Page 5 of 8 4. Miscellaneous Provisions. THAT the parties hereby agree to the following miscellaneous provisions: A. Severability. That, should any term or provision of this Agreement be held, to any extent, invalid or unenforceable as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. B. Default. In the event of a breach by the MEDICAL DIRECTOR under any of the obligations contained in this Agreement, the CITY shall have the right to declare a default and terminate this Agreement without notice if the breach is incurable, constitutes a threat to the public health, safety or welfare, or is a breach for which a notice has been previously provided the MEDICAL DIRECTOR. For all other breaches, the CITY shall provide the MEDICAL DIRECTOR with notice and an opportunity of not less than 10 days to cure the breach. Upon default, the CITY shall have all rights and remedies provided by law or equity. C. Entire Agreement. That this Agreement states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. The MEDICAL DIRECTOR recognizes that any representations, statements, negotiations made by the CITY staff do not suffice to legally bind the CITY in a contractual relationship unless they have been reduced to writing, authorized, and signed by the authorized CITY representatives. This Agreement shall bind the parties, their assigns and successors in interest. D. Construction. Should any provision of the Agreement be subject to judicial interpretation, it is agreed that the court interpreting or considering such provision will not apply the presumption or rule of construction that the terms of this Agreement be more strictly construed against the party which itself or through its counsel or other agent prepared the same, as all parties hereto have participated in the preparation of the final form of this Agreement through review by their respective counsel, if any, and/or the negotiation of specific language and therefore the application of such presumption or rule of construction would be inappropriate and contrary to the intent of the parties. E. Attorney's Fees. In the event of any litigation to enforce the terms of this Agreement the prevailing party shall be entitled to reasonable attorney's fees Page 6 of 8 and costs which are directly attributed to such litigation both at the trial and appellate level. F. Waiver. The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement, either at the time the breach or failure occurs or at any time throughout the term of this Agreement. G. Headings. All headings are for clarification only and are not to be used in any judicial construction of this Agreement. H. Binding Nature of Agreement. This Agreement shall be binding upon the successors and assigns of the parties hereto. I. Law; Venue. This Agreement is being executed in Okeechobee County, Florida and shall be governed in accordance with the laws of the State of Florida. Okeechobee County, Florida shall be the venue of any action thereon. IN WITNESS WHEREOF, the parties hereto have signed and sealed this agreement effective the day and date first written above. APPROVED by 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 on: ATTEST: Lane Gamiotea, CMC, City Clerk Reviewed for Legal Sufficiency: John R. Cook, City Attorney Page 7 of 8 James E. Kirk, Mayor WITNESS: Print Name: by '.•- : • iE MEDICAL DIRECTOR: J. Michael Adelberg, M.D.