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2008-05-20j CITY OF OKEECHOBEE MAY 205 2008 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION CALL TO ORDER - Mayor: iAt II. OPENING CEREMONIES: Invocation given by Pastor Ed Steward, of St. Stephen AME Church; Pledge of Allegiance led by the 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. 2008- Regular Ciiy ouncTi Veeting-to order at 6:00 p.m. Pastor Ed Steward of St. Stephen AME Church offered the invocation; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Absent Present Present Present Absent Absent (Lt. Hagan was present) Absent (Lt. Hodges was present) Absent PAGE 1 OF 7 117 A. Proclaim the week of June 2 through 6, 2008 as "Code Enforcement The proclamation was read in its entirety by Mayor Kirk as follows: "WHEREAS, Code Enforcement Officers provide Officers' Appreciation Week." for the safety, health and welfare of the citizens in this community through the enforcement of building, zoning, housing, animal control, fire safety, environmental and other codes and ordinances; and WHEREAS, Code Enforcement Officers are often not credited for the jobs that they do in saving lives and improving neighborhoods; and WHEREAS, every day, assisted by support and program staff, they attempt to provide quality customer service to the public for the betterment of the community; and WHEREAS, too many times their efforts go unnoticed, even after code compliance has been accomplished due to their efforts and expertise; and (continued on page two) 118 MAY 20, 2008 - REGULAR MEETING - PAGE 2 OF 7 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. A. Proclaim the week of June 2 through 6, 2008 as "Code Enforcement Officers' Appreciation Week" continued. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for May 6, 2008 Regular Meeting. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the April 2008 Warrant Register: General Fund................................$563,842.95 Public Facility Improvement Fund .................. $42,399.84 Capital Improvements Projects Fund ................ $2,671.40 Community Development Block Grant Fund ... ...... $1,869.00 Capital Improvements Projects - Vehicles Fund .......... $12.60 VII. AGENDA - Mayor. A. Request for additions, deferrals or withdrawals of items on today's agenda. WHEREAS, Code Enforcement Officers are dedicated, well trained, and highly responsible individuals who take their jobs seriously and are proud of their department and the local government within which they serve; and WHEREAS, the Florida Association of Code Enforcement has declared the first week of June be set aside by local government to honor and recognize their Code Enforcement Officers. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim June 2 - 6, 2008 as "CODE ENFORCEMENT OFFICERS' APPRECIATION WEEK" in the City of Okeechobee." Council Member C. Williams moved to dispense with the reading and approve the Summary of Council Action for the May 6, 2008 Regular Meeting, seconded by Council Member Markham. There was no discussion on this item. KIRK - YEA C. WILLIAMS - YEA MARKHAM - YEA L. WILLIAMS - ABSENT WATFORD - YEA MOTION CARRIED. Council Member Watford moved to approve the April 2008 Warrant Register in the amounts: General Fund, five hundred sixty-three thousand, eight hundred forty-two dollars and ninety-five cents ($563,842.95); Public Facility Improvement Fund, forty-two thousand, three hundred ninety-nine dollars and eighty-four cents ($42,399.84); Capital Improvements Projects Fund, two thousand, six hundred seventy-one dollars and forty cents ($2,671.40); Community Development Block Grant Fund, one thousand, eight hundred sixty-nine dollars ($1,869.00); Capital Improvements Projects - Vehicles Fund, twelve dollars and sixty cents ($12.60); seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. Mayor Kirk asked whether there were any additions, deferrals or withdrawals of items on today's agenda. New Business item E was added and Unfinished Business item B was deferred until June 3, 2008. 1 MAY 20, 2008 - REGULAR MEETING - PAGE 3 OF 7 119 Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1. a) Motion to read by title. only, proposed Ordinance No.1019, Council Member Watford moved to read by title only, proposed Ordinance No. 1019, regarding Street Closing regarding Street Closing Application No. 88, submitted by David and Application No. 88, submitted by David and Anita Nunez, Northwest 2"d Street, located between Blocks 147 and 148, Anita Nunez, Northwest 2"d Street, located between Blocks 147 and City of Okeechobee Subdivision; seconded by Council Member C. Williams. 148, City of Okeechobee Subdivision - City Attorney (Exhibit 1). 11 b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. c) City Attorney to read proposed Ordinance No.1019 by title only. Attorney Cook read proposed Ordinance No.1019 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING A PORTION OF NORTHEAST 2ND STREET AS DESCRIBED HEREIN; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; RETAINING A RIGHT OF REVERSION; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT I N AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No.1019. 111 Council Member Markham moved to adopt proposed Ordinance No.1019; seconded by Council Member C. Williams. b) Public comments and discussion. III Mayor Kirk asked whether there were questions or comments from the public? There were none. Twenty-two letters were mailed to the surrounding property owners with no response to date. The Council discussed with Mrs. Nunez the interpretation of the ordinance regarding the re-verter clause and time table. The conclusion of the discussion was that the entire project did not have to be completed within twenty-four months. However, the phase of the project that correlates with the portion of Northeast 2"d Street would be interpreted as the requirement for the ordinance. The Council again discussed the research regarding Riverside Drive as being closed. Council Member Watford noted he was sure everybody will have a different opinion on the matter. However, it seems to him it was never officially closed, or processed properly and therefore he could not support closing this portion of the street when he did not believe the remaining portion of the street was ever closed by the City Council. Attorney Cook advised that from a legal stand point the Council could proceed, and his interpretation was that Riverside Drive was legally closed. 120 MAY 20, 2008 - REGULAR MEETING - PAGE 4 OF 7 VIII. PUBLIC HEARING CONTINUED. A. 2. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - NO C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. CLOSE THE PUBLIC HEARING - Mayor. III MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:24 P.M. IX. UNFINISHED BUSINESS. A.1. a) Motion to approve a temporary street closing application submitted Council Member C. Williams moved to approve a temporary street closing application submitted by Reach FM for by Reach FM for Southwest 6'" Avenue between North and South Southwest 6" Avenue between North and South Park Streets from Noon June 5 through 10 a.m. June 7, 2008 and Park Streets from Noon June 5 through 10 a.m. June 7, 2008 and Southwest 5`h Avenue between North and South Park Streets on June 6, 2008 from 5:00 to 10:00 p.m. fora community Southwest 51h Avenue between North and South Park Streets on concert; seconded by Council Member Watford. There was a brief discussion on this item. June 6, 2008 from 5:00 to 10:00 p.m. for a community concert - City Clerk (Exhibit 2). VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. B. Discussion for motion (on the floor) to approve the preliminary plat The matter regarding a Preliminary Plat Approval for Park Street Business Center was deferred until June 3, 2008, for Park Street Business Center made by Council Members Watford as the draft developers agreement is not ready to be submitted. and L. Williams, action was postponed until May 20 to allow time for a draft developers agreement to be presented - City Administrator (Exhibit 3). C. Discussion pertaining to the Train Depot - Council Member Watford. Administrator Whitehall distributed a memorandum prior to the meeting which read, "I spoke with Lori Bergeron, CSX, today and was advised that she is investigating the CSX time line for demolition and readily indicated that there are alternatives to demolition. She reinforced that the safety issue is paramount and that the proximity to the tracks makes it difficult for other uses, other than perhaps an Amtrak facility, of which she is also investigating. As you recall, I spoke with Amtrak reps a few month ago and they indicated that financial support may be possible for feasibility and design in refurbishing the depot. Otherwise, she indicated that CSX would entertain the option of donation of the depot for relocation." Council Member Watford noted an article in the Okeechobee News convening the depot and thanked staff writer, Pete Gawda for his assistance. The Council instructed Mr. Whitehall to continue the dialog with Mrs Bergeron. Members of OKMS were also Present and offered whatever services they could to assist in this matter. Mr. Whitehall was also instructed to contact Dade City, who recently acquired their train depot and remodeled It. MAY 20, 2008 - REGULAR MEETING - PAGE 5 OF 7 121 X. NEW BUSINESS. A. Consider Alley Closing Application No. 89, submitted by Brad Council Member Watford moved to accept Alley Closing Application No. 89, submitted by Brad Goodbread, closing Goodbread, closing the North to South alleyway between Lots 1 the North to South alleyway between Lots 1 through 3 and 7 through 9 of Block 46, First Addition to South through 3 and 7 through 9 of Block 46, First Addition to South Okeechobee and instructed the City Attorney to draft the appropriate ordinance and present it for first reading at the Okeechobee - City Clerk (Exhibit 4). June 3, 2008 meeting; seconded by Council Member Markham. There was a brief discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. B. Motion to ratify the appointment of Linda Tewksbury as the 5m Council Member Watford moved to ratify the appointment of Linda Tewksbury as the 5ch member to the General member to the General Employees/OUA Pension Board of Employees/OUA Pension Board of Trustees, term being March 5, 2008 and ending December 31, 2011; seconded Trustees, term being March 5, 2008 and ending December 31, 2011 by Council Member C. Williams. The Council thanked Mrs. Tewksbury for her willingness to serve. - City Clerk. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. C. Motion to award the 2008 Roadway Improvements Bid - City Council Member Watford moved to award the 2008 Roadway Improvements Base Bid (paving asphalt and leveling) Administrator (Exhibit 5). to Ranger Construction Industries, Inc, of Ft. Pierce, in the amount of five dollars and sixty-nine cents ($5.69) per square yard and the Alternate Bid (Striping) to Better Roads, Inc, of Lake Placid in the amount of fifty cents ($0.50) per linear foot; seconded by Council Member Markham. There was a brief discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. D.1. a) Motion to rescind previous action at the May 6, 2008 meeting to Council Member Watford moved to rescind previous action at the May 6, 2008 meeting to deny approval of the first deny approval of the first reading for proposed Ordinance No.1021, reading for proposed Ordinance No.1021, regarding Petition No. 08-002-R, submitted by Steven Ramunni on behalf regarding Petition No. 08-002-R, submitted by Steven Ramunni on of property owner, Mary Ann Newcomer; seconded by Council Member C. Williams. behalf of property owner, Mary Ann Newcomer - City Attorney (Exhibit 6). 122 MAY 20, 2008 - REGULAR MEETING - PAGE 6 OF 7 X. NEW BUSINESS CONTINUED. D.1. b) Vote on motion to rescind. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. 2. Presentation from Attorney Ramunni regarding proposed Ordinance Council Member Watford moved to approve first reading of proposed Ordinance No. 1021 and set June 3 as final No.1021 (should motion above pass). public hearing date; seconded by Council Member C. Williams. ITEM ADDED TO THE AGENDA - E.1. a) Motion to read by title only, and set June 3, 2008 as the final Public Hearing date, for proposed Ordinance No. 1023 regarding Rezoning Petition No. 08-004-R submitted by Jeb Acuff on behalf of the.property owner, Visiting Nurse Association of Florida, Inc., for 0.712 acres, located at 203 S.E. 2nd Street, to rezone from RMF to CPO - City Planning Consultant (Exhibit 7). b) Vote on motion to read by title only and set the final public hearing date. c) City Attorney Cook to proposed Ordinance No. 1023 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 1023. . VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. Council Member Watford moved to read by title only, and set June 3, 2008 as the final Public Hearing date, for proposed Ordinance No. 1023 regarding Rezoning Petition No. 08-004-R submitted by Jeb Acuff on behalf of the property owner, Visiting Nurse Association of Florida, Inc., for 0.712 acres, located at 203 Southeast 2nd Street, to rezone from RMF to CPO; seconded by Council Member C. Williams. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1023 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." Council Member Markham moved to approve the first reading of proposed Ordinance No. 1023; seconded by Council Member C. Williams. MAY 20, 2008 - REGULAR MEETING - PAGE 7 OF 7 123 X. NEW BUSINESS CONTINUED. E. 2. b) Discussion. c) Vote on motion. XI. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City,Clerk media are for the sole p5Wselbackup for official records of the Clerk.. ATT T: James E. Kirk, Mayor Lane bamiotea, CM(C City.Clerk The ordinance pertains to rezoning petition (No. 08-004-R) submitted by the Project Manager, Mr. Acuff on behalf of the property owners, Visiting Nurse Association of Florida, Inc. They are requesting to change the zoning district from RMF to CPO to construct an assisted living facility that would be located behind their existing office. The property is vacant, and is located in the 200 block of Southeast 2"d Street. In addition to the VNA office complex, also directly North is the Doctor's Clinic; to the East is the American Legion Hall; across 2"d Street, to the South, are residential homes and a CPA office; to the West are commercial retail buildings. On March 18, the owners were recently granted a Future Land Use Map Amendment to change the designation to commercial. This rezoning would allow the two maps to be consistent. The final step for the project will be to obtain a Special Exception for the use from the Board of Adjustments. The Planning Staff presented their report to the Planning board at their May 15 meeting. The petition has met the criteria to be consistent with the Comprehensive Plan without over burdening public facilities, traffic or surrounding properties. Both are recommending approval of the rezoning. There were two surrounding property owners who stated their objections at the Planning Board meeting. Mr. Acuff was present to answer questions. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT7:00 P.M. The next Regular Meeting is scheduled for June 3, 2008. • AFFIDAVIT OF PUBLISHER • OKEECHOBEE TIMES 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a Notice of City Council Meeting PO #013806 in the matter of Citv 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 05/15/2008 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. Sworn to and subscribed before me this % `� � day of _ l'7 � A.D. 2008 CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee wi[I meet in Regular Session on Tuesday, May 20, 2008, 6:00 p.m. at 6:00 p.m. at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida The public is invited and encouraged to attend. A copy of the agenda will beavailable on our website at www.cityofokeechobee.com, or contact. City Administration at (863) 763-3372 x 212. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with re- spect to any matter considered at this meeting, such interested person will need a record of the proceedings, and for such. purpose may need to ensure a verbatim record of the proceedings is made,,which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are used for the sole purpose of back-up for the Clerk's Office. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing special accommodation to participate in this proceed- ing should contact Lane Gamiotea, no later than two (2) working days prior to the proceeding at 863-763 -,3372 x 214; if you are hearing or voice impaired, -11 TOD 1-860-955-8770 (voice) or 1-800-955-8771 (TTY): ' by: James E. Kirk,Mayor Lane Gamiotea, CMC, City Clerk Publish: 05/15/2008 Okeechobee Tunes iKvseaiee A. Brennan Y ' ommiss' n #DD318483 Expires: Jun 25, 2008 or f oQ ` Bonded Tbnl Atlantic Bonding Co., Inc. CITY OF OKEECHOBEE MAY 20, 2008 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 of 3 I. CALL TO ORDER - Mayor: May 20, 2008, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Ed Stewart, St.Stephen AME Church; Pledge of Allegiance led by Mayor. III. 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. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the week of June 2 - 6, 2008 as "Code Enforcement Officers' Appreciation Week." 2008 PAoe 2 of 3 V. MINUTES - City Clerk. 6, 2008 City Council Regular Meeting. A, Motion to dispense with the reading and approve the Summary of Council Action for the May VI. WARRANT REGISTER - City Administrator. A, Motion to approve the April 2008 Warrant Register. General Fund $563,842.95$ A.2,399.84 Public Facilities Fund 2,671.40 Capitol Projects -improvement $ 1679.00 CDBG Fund $ 12.60 ,86 Capitol Protects -Vehicles VII, AGENDA - Mayor. agenda. A. Requests for the addition, deferral or withdrawal of items on today's N PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. OPEN sin Application No. 88; submitted by David and Anita Nunez, Northwest Vtll. Street Closing P 48 Cit of Okeechobee Subdivision - City Attorney (Exhibit 1}. A.1.a) Mo tion to read by title only, proposed ordinance No.y 019, regarding 2nd Street, located between Blacks 147 and b) , Vote on motion to read by title only. City c} Attorney to read proposed Ordinance No.1019 by title only. 2.8) Motion to adopt Ordinance NO, 1019. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. MAY 20, 2008 PAGE 3 OF 3 IX. UNFINISHED BUSINESS. A. Motion to approve a Temporary Street Closing submitted by Reach FM for Southwest 6" Avenue between North and South Park Streets, from Noon June 5, 2008 through 10:00 a.m. June 7, 2008, and SW 5th Avenue between North and South Park Streets on June 6, 2008 from 5:00 p.m. until 10:00 p.m., for a Community Concert - City Clerk (Exhibit 2). B. Discussion for motion to approve the Preliminary Plat for Park Street Business Center made by Council Members Watford and L. Williams. (Action was postponed until May 20, 2008 to allow time for a Draft Developers Agreement to be presented) - City Administrator (Exhibit 3). C. Discussion pertaining to the Train Depot - Council Member Watford. X. NEW BUSINESS. A. Consider Alley Closing Application No. 89, submitted by Brad Goodbread, closing North to South alleyway between Lots 1 through 3 and 7 through 9 of Block 46, First Addition to South Okeechobee - City Clerk (Exhibit 4). B. Motion to ratify the appointment of Linda Tewksbury as the 51h member to the General Employees/OUA Pension Board of Trustees, term beginning March 5, 2008 and ending December 31, 2011 - City Clerk. C. Motion to award the 2008 Roadway Improvements Bid - City Administrator (Exhibit 5). DA.a) Motion to rescind previous action at the May 6, 2008 meeting to deny approval of the first reading for proposed Ordinance No. 1021, regarding Petition No. 08-002-R, submitted by Steven Ramunni on behalf of property owner, Mary Ann Newcomer - City Attorney (Exhibit 6). 0 b) Vote on Motion to Rescind. E. Presentation from Attorney Steven Ramunni regarding the denial of proposed Ordinance No. 1021 (if motion above passes). XI. 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. �h`rce of the Mayor` -' /:filch,•.. .. � Okeeebobee, Florida - AS,:Code Enforcement Officers provide for the safety, health and welfare of the ctttzens r community, through the enforcement of building, zoning, housing, animal control,: fires erivirorirrientaal and other codes and ordinances; and = y z AREAS, Code Enforcement Officers are often not credited for the jobs that they do in saving live_, ' ^ , -, improving neighborhoods; and AREAS, every day, assisted by support and program staff, they attempt to provide quality customer �. service to the public for the betterment of the community; and i REAS, too many times their efforts go unnoticed, even after code compliance has been accomplished due to their efforts and expertise; and WHEREAS; Code Enforcement Officers are dedicated, well trained, and highly responsible individuals who. take their jobs seriously and are proud of their department and the local government within which they serve; and WHEREAS, the Florida Association of Code Enforcement has declared the first week of June be see aside by local government to honor and recognize their Code Enforcement Officers. ,NOWTHEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim June 2 - 6, 2008 as "CODE ENFCIRCEME�NT r„ OFFICERS' APPRECIATION WEEK" in the City of Okeechobee. 4 1 In witness whereof I hove ;hereunto. set my hand and caused this se4,tsoe of fiaced a e*ro ►► �► �,: MAY 20r" - FINAL - EXHIBIT NO. --I-- REVISED ORDINANCE NO. 1019 AN ORDINANCE CLOSING, VACATING AND ABANDONING A PORTION OF NORTHEAST 2ND STREET AS DESCRIBED HEREIN; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; RETAINING A RIGHT OF REVERSION; 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 a Street Closing Application (No. 88) from property owner(s) David and Anita Nunez, for the closing of a certain right-of-way as described in this ordinance to adjoin their properties and develop a multi -functional building; 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 right-of-way described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: That portion of Northeast 2"d Street from Northeast 7' Avenue East to the dead-end as situated between Blocks 147 and 148, City of Okeechobee Subdivision, according to the plat thereof as recorded in Plat book 5, Page 5, of the public records for Okeechobee County, Florida. Section Two. The City of Okeechobee, Florida hereby reserves unto itself, its successors or assigns, a perpetual non-exclusive easement 30 feet in width for public utility purposes, in, over or under the right-of-way as described herein, and in addition, by separate document, that portion of adjoining property of owner that extends Easterly from the dead end of Northeast 2"d Street, between Blocks 147 and 148, to the Westerly boundary of Taylor Creek. The precise length, width, and description of such easements shall be reduced to writing in a separate grant of easement from owner to the City of Okeechobee and recorded in the Public Records of Okeechobee County Florida. Such easement shall include but is not limited to overhead and underground utilities, drainage improvement and facilities, culverts, baffle box or clean -out, as needed and in the sole discretion of the Department of Public Works, and at no expense to the landowner, its successors or assigns. Should it become necessary however, for the placement of such utility service, to re -locate improvements, facilities, pavement, fencing, or structures found or placed within the described right-of-way, the expense of such shall be born by the owner, its successors or assigns. Section Three. In the event that said property owner, or his heirs, successors or assigns should fail to execute the easements described in Section Two within 60 days of final adoption of this Ordinance, or should fail to obtain from the City of Okeechobee, Florida a Certificate of Occupancy for the 6eeaCommercial development anticipated by P owner on Blocks 147 and 148 within twenty-four (24) months of date Ordinance No.1019 - Page 1 of 2 of this ordinance, then said right-of-way shall revert to the City of Okeechobee without further action, be considered an open City street, and this ordinance declared null and void. The time period(s) herein may be extended by the City upon good cause shown. Section Four. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Five. This ordinance shall be set for final public hearing the 20`h day of May, 2008, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 151h day of April, 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 201h day of May, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Ordinance No.1019 - Page 2 of 2 EXHIBIT N0. l/ APR 15'" -1sr READ EXHIBIT N0. _— MAY 20'" - iFINAL ORDINANCE NO. 1019 AN ORDINANCE CLOSING, VACATING AND ABANDONING A PORTION OF NORTHEAST 2ND STREET AS DESCRIBED HEREIN; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; RETAINING A RIGHT OF REVERSION; 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 a Street Closing Application (No. 88) from property owner(s) David and Anita Nunez, for the closing of a certain right-of-way as described in this ordinance to adjoin their properties and develop a multi -functional building; 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 right-of-way described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: That portion of Northeast 2"d Street from Northeast 7th Avenue East to the dead-end as situated between Blocks 147 and 148, City of Okeechobee Subdivision, according to the plat thereof as recorded in Plat book 5, Page 5, of the public records for Okeechobee County, Florida. Section Two. The City of Okeechobee Florida hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive easement for public utility purposes, in and over the right-of-way as described herein. Said easement include such purposes including but not limited to overhead and underground utilities; drainage improvements and facilities, culverts, baffle box and clean -out; all as needed and in the sole discretion of the City as directed by the Department of Public Works, and at the sole expense of owner, his successors and assigns. Should it become necessary to move the easement and improvements, construct a paved right-of-way, or such other improvement, or to maintain the right-of-way or drainage facilities, all such costs associated therewith shall be at the sole expense of the owner, his successors or assigns. Section Three. In the event that said property owner, or his heirs, successors or assigns should fail to obtain from the City of Okeechobee, Florida a Certificate of Occupancy for the complete commercial development anticipated by owner on Blocks 147 and 148 within twenty-four (24) months of date of this ordinance, then said right-of-way shall revert to the City of Okeechobee without further action, be considered an open City street, and this ordinance declared null and void. The time period(s) herein may be extended by the City upon good cause shown. Section Four. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Ordinance No.1019 - Page 1 of 2 Section Five. This ordinance shall be set for final public hearing the 20' day of May, 2008, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 15! day of April, 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this ZQ day of May, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Ordinance No.1019 - Page 2 of 2 FXHIV,rr NO. a APR f AGENDA MEMORANDUM To: Mayor and Council Members From: Melisa Eddings, Deputy Clerk Subject: Street Closing No. 88 Date: March 27, 2008 Attached is a completed street closing application submitted by Anita and David Nunez, to close the partial street East of Northeast r Avenue between Blocks 147 and Block 148, City of Okeechobee Subdivision. The purpose of the street closing is to adjoin their properties. None of the Utility companies require any type of easement. Public Works Director Robertson and City Engineer Bermudez object to the street closing, due to drainage problems and easements. Administrator Whitehall has stated that a drainage easement has to be secured. The decision before the Council would be to either deny the application, or instruct the City Attorney to draft the appropriate ordinance closing the street and present it for first reading at the April 15, 2008 meeting. Should you have any questions please do not hesitate to contact me. Thank you. • CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION Af�pLICATON IVO $g Please type or print: PHONE.4 '' 86C,7-0Z// /4icy��-OGid Y ) �MAiLtNf��►b1��5�"�` CIT�(�STATE=ZIF� X OT>=.aheetlitrr�t, atif, more than isr vr b ve f fi o h01r r srs.- d5 RM,��M ` (Note: if property is in two names by the word4"6nd" both signatures are required, le: Jim and Jane Doe) SIGN URE OF APPLICANT: GNU E OF CO -APPLICANT: The foregoing instrument was acknowledged before me this , ehl'Z d y 1 j , X&V by AI yiez and 1, Ao" L'Z , who Is erscf onally�o me or (applicant) (co -applicant) who produced as identification and V441-4j (-"- Notary Public, (signature) who did (did not) take oath. Commission No. bbo;56M MCjAn F-& &L 3 (Na ,, I or stamped) .?� MVCOMMiSSIOM:OD4W2 EXPIRES: Memh 7,20 B"&d Iku K%"pLt&adxw*m %D- �° INIIIII�INIBNINII�R(I�INIIIIII •� .95� °0 FiLIE r1 3S74irJ11 �(1 P_. BK t10511 PG 1151 SHARON ROBERTSONr CLERK OF CIRCUIT COURT v.67ej.vh1s Ddtvruent Prepared By and Return to: OY.EECHOBEE GOUHTY r FL CONELY:.&.CONSLY, P.A. -^RECORDED 09/18/2003 04/52140 PM RECORDING FEES 10.50 3 TOM W- CONSLY, III DEED DOC 952.00 J 401.-91C GTE STREET DRAkER 1367 RECORDED BY N Arnold `oR$ECBoBEZj FL 34973-1367 ParceijbNumber. 3-15-37=35=0010=01410-0060 t7rdnteo#1TIN: !iF/ �O 7 ;Grantee #2 TIN � Thi5 Iidtleriturthi e, Made s 21 th day of June ; 2003 AD., Between rim B t C.AQLE V,- 2 dl tad county of ,2 State of Florida , grantori and '.�1�VI NUNisZy VTR: and'ANITA Si NUMZ; ` hi :wife a whosb address is::2085 SSE• -4th 8trtiet, `.Okeecho�eet ,FL .34974 7rof the Coimfy of .Okeechobee ; state of Florida grantees. �a t ',�'iCtne§Shfonsum oeth thate(ikmtORsf DOLL Mi � r Ahd othet good -and valaabld ctnssideration td t31�ANT'OR- M hand pt<id by t3RANTF.PS; the receipt whereof 35 hereby acknowledged, Las i z b ��r, bargained and §old to the said GRANTEFIS And GRANI'EFS . harts suoceasota and iissigos foteVeri the following described iand, situate; �' f �'a' � +tud mthe County oP � tJk��chob�e `• � r '�`"•_�:, state of„Florida to wir .� 1ym6 being • �: .�, ,t t. '�� fee �gxhibit' "A" attnbhed`hert�td, -� Ok4p 00511 PGAV52 EXHIBIT Lots 6; 7, 8 and 9 ofBlock 147, OKEECHOBEE, according to the plat thereof recorded in Plat Book i 5, Page 5, public records of Okeechobee County; Florida.:;, "s < AND' f: BEGINNING at the Northeast corner of Lot 9 of Block 147, OKEECHOBEE; according to the plat ;. s � thereof recorded in Plattook5; Page public records of Okeechobee County; Florida, .and run a SouthWesterly, along the East lind of said Lot 9 to the Southeast corner of said Block 147 thence tun Southwesterly to the Norkheast comer of fractional $lack 14$, of said plat of Okeechobee; thence run East; along the Easterly eittei si -A of the Ndith'iitie of said Block 148, to the Western f shoreline of Taylor Creek; thenceri n" orthea§terly along'86' Westerti shoreline, to the intersection with the Easterly eXtetision of the North line of afdresaid Lot 9, thencd run West; along the extended North line of said Lot 9, to the POINT OF. 13E61NNIlvG. r W''- /O.50 S.J'-0'e ov lids Document Prepared By and Redra to: COmmy aF COMMY, P.A. TOM W. COMELY, 1= 401 N:W. GTH STRSZT P.O. DRAWER 1367 OKRECSOBZE, FL 34973-1367 rov diDNumber. 3-15-37-35-0010-01480-0010 Grantee #1 TIN: Grantee #2 TIN: Warranty Deed This Indenture, Made this 27th day of Mine FRED B. CAGLE Iv l,sdo � FILE HUM 39795 �✓�-C� OR BK 00511 PG1160 �! SWMN ROSERTSMt CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FL RECORDED 09/18/2003 005048 PM RECORDING FEES 10.50 DEED DOC 350.00 RECORDED BY N Arnold , 2003 A.D., Between of the Comity of , state of Florida DAVID NUNEZ, JR. and ANITA S. NUNEZ, his wife whose addross is: 2085 S.E. 4th Street, Okeechobee, FL 34974 of dre County of Okeechobee , state of Florida , grantor, and , grantees. witneggeth that dwGRANTOR, for and i"wasideradonof*estwof ------------------------TEN DOLLARS 010)----------------------- DOLLARS, and otter spoil and vaLrabk camudembou a GRANTOR in hand gad by GRANTEES, the rapt whereof is hereby aclmpwkdged, hu graamcd, bargained and sold to the said GRANTEES wad GRANTEES heirs, successors and assigns forever the following described ]arid, situate, tying and being m dtc Comity of Okeechobee Stato of Florida to wit; Sae Exhibit "A" attached hereto. THE PROPERTY HEREIN CONVEYED DOES NOT CONST=TUTE THE HOMESTEAD PROPERTY OF GRANTOR. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 2002. and the gamins does hereby MY warrant the title to said lard, and wffi def iod the soma against lawful claims of aA Pmons whomsoever. in witness whereof, dw gamer bas bacu.0 act big bond and sal the day aid year first above written - 8%pLed, treaded and "11 oar presence: �— J ' 06? (Sol)&VA M FRED B. CAGLE Witness P 0 Addre w Peat Oaks Ban 1Y33, Incises, FL 34451 TON H. �i Ss STATE OF FLORIDA COUNTY OF OKRXCHOBEg l The finegoins instrun—t was • 8°d before me dib 27th day of June , 2003 by FRED B. CAGLE bcisPQrmaaAyimowaso E AM&COI/ZN MC OOMOIWMMSIOttiCC98A503 Notary Public My cormdgeion Explra: 12 / 12 /04 NDNEZ-CAOL&3 taarcma.mahenipg8 ac moo polras.sssss t—erwm GMC Y OR BK 00511 PG 1161 PQ� e J EXHIBIT "A" The South 99 feet of the followingcontiguous parcels of land (consolidated), lying in and comprising a part of Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, and being more particularly described as follows: All of Block 148, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. ALSO: BEGINNING at a point where the North boundary line of North Park Street, extended West, intersects with the West boundary line of Block 148, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, if extended South, said point being 70 feet East ofthe Southeast corner of Block 149 of said plat of Okeechobee; thence run Northeasterly 126.9 feet; thence run East 55 feet, more or less, to the Western shore line of the Onoshohatchee River, now known as Taylor Creek; thence run Southerly, along the Western shore line of said Taylor Creek, to the intersection with the North boundary line of said North Park Street; thence run West 83.2 feet to the POINT OF BEGINNING. ALSO: BEGINNING at a point of intersection 148.26 feet East of the East boundary line of Block 149, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, measured at right angles to and 100 feet North of the North boundary line of North Park Street; thence run Northeasterly and parallel to the East boundary of said Block 148 and 70 feet therefrom, for a distance of 223.E feet; thence run East on the South line of N.E. 2' Street (formerly Eighth Street), for a distance of S9 feet to the Western shore line of the Onoshohatchee River, now known as Taylor Creek; thence run Southwesterly, along the Western shoreline of said Taylor Creek, for a distance of 225 feet; thence run West 55 feet to the PMTr OF BEGINNING. ALSO: All that part ofRIVERSIDE DRIVE, according to the plat thereof recorded in Plat Book 1, Page 22, public records of Okeechobee County, Florida, (now vacated, abandoned and closed), extending from the East boundary line of N.E. 71 Avenue (formerly Oklocknee Street), where the same intersects with the North boundary line of North Park Street, and North to the South boundary of N.E. 2nd Street (formerly Eighth Street), if extended East. The lands described in paragraphs 2,3 and 4, above, as shown on the plat of RIVERSIDE DRIVE as recorded in Plat Book 1, Page 22, public records of Okeechobee County, Florida. LESS AND EXCEPT the South 8 feet, thereof, taken for State Road right-of-way. FILE NUM 397909 OR SK 00511 P6 1166 DATE: 09/18/2003 04:57:30 Ph SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYt FL Pale DEED DOC 28.00 This Doeameat Prepared By and Remrs to: COMELY a COMELY, P.A. TOM W COMELY, III 401 M.F. 6TE STREET P.O. DRANSR 1367 0331ECROBEB, 1rL 34973-1367 Parrs] m Number: 3 -15 - 3 7 - 3 5 - 0010-00010-001A Grantee #1 M: Grantee #2 TIN: Warranty Deed This Indenture, Madethis 27th dayof June , 2003 A.D., Between FRED B. CAGLE of the County of , State of Florida , grantor, and DAVID NUNEZ, JR. and ANITA S. NUNEZ, his wife whose address is: 2085 S.S. 4th Street, Okeechobee, FL 34974 of the County of Okeechobee , Sww of Florida , grantees. Witnesseth that the GRANTOR, for sad in consideration ofthe sum of ------------------------TEN DOLLARS ($10)----------------------- DOLAR.S, and other good and vaktsble eonsidctation to GRANTOR in hand paid by GRANTEES, ttw receipt wbueof is hereby acknowledged, has gmnt4 bargained and sold to the said GRANTEES and GRANTEES' boos, successors and assigns fwam the following dawrbed land, situate, lyinsandbemsinmecountyof Okeechobee State of Florida towit See Exhibit "A" attached hereto. THE PROPERTY HEREIN CONVEYED DOES NOT CONSTITUTE THE HOMESTEAD PROPERTY OF GRANTOR. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31Bt, 2002. ad 0tc Smator don bmeby fift wat=m 0m tide to said land, and will derail the same agaitmt hwfel claims of A Passes whomswm. In Whoess Whereof, dw gwtmor bm heremto set bis band sad cal mo day am ym fort above whores Signed, sealed and deflvered oar presence: �B. � ate(S-1) COMELY FRCA06 1Pi the s to P.O. Address: Port OtRee Box 1033, f.vwzms, FL 34451 94!III STATE OF FLORSDA COUNTY OF OSESCHOBEE The fomping inshsmcm wu admowledged beibm me ems 27th day of June , 2003 by FRED B. CAGLE he ispetsorrllykaown EVAMAEOONFLY my oo 61i&S f oc iiB05IXi EIa'1FiES: Datam6at t2, YOGt eara�r3eetmerteettteaa ass EVA Ymm COMELY Notary Public My oemamis o Expires: 12/ 12 / 04 NUNEZ-CAGLE2 MO (863)M34M AamFL— GKC OR BK 00511 PG 1167 f� EXIBBIT "A" Fourparcels ofland lying between the plat of OKEECHOBEE, according to theplat thereofrecorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, and the Western shoreline ofTaylor Creek in Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, and being more particularly described as follows: Commencing at the Southeast corner of fractional Block 83, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida and rum Southeasterly, along the Southerly extension of the East line of said Block 83, to the intersection with the centerline of N.E. 6& Street (formerly Twelfth Street), also being the Southwest comer of a parcel of land as described in O.R. Book 405, Page 663, public records of Okeechobee County, Florida, and the POINT OF BEGINNING; thence continue Southeasterly, along said extended line, to the Northeast comer of Lot 1 in Block 84 of said plat of Okeechobee; thence continue Southeasterly, along the East line of said Lot 1 and the Southerly extension thereof, to the intersectionwith the centerline of the 20 foot wide alley in said Block 84; thenceran East, along the Easterly extension of said centerline, to the Western shoreline of Taylor Creek; thence run Northwesterly, along said Western shoreline, to the intersection with the Easterly extension of the aforesaid centerline of said N.E. 6°i Street and the Southeast comer of said land described in O.R. Book 405, Page 663; thence run West, along said extended centerline and also along the South boundary line of said parcel of land, to the POINT OF BEGINNING. Commencing at the Southeast comer of Lot 1 in Block 84, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida and run Southeasterly, along the Southerly extension of the East line of said Lot 1, to the intersection with the centerline of the 20 foot wide alley in said Block 84 and the POINT OF BEGINNING; thence continue Southeasterly, along said extended line, to the Northeast comer of Lot 5 in said Block 84; thence continue Southeasterly, along the East line of said Lot 5 and Southerly extension thereof, to the intersection with the centerline of N.E. 5' Street (formerly Eleventh Street); thence run East, along the Easterly extension of said centerline, to the Western shoreline of Taylor Creek; thence run Northwesterly, along said Western shoreline, to the intersection with the Easterly extension of the aforesaid centerline of the 20 foot wide alley in Block 84; thence run West, along said extended centerline, to the POINT OF BEGINNING. I "B Commencing at the Southeast comer of Lot 5 in Block 84, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida and run Southeasterly, along the Southerly extension of the East line of said Lot 5, to the intersection with the centerline of N.E. 5°i Street (formerly Eleventh Street) and the POINT OF BEGINNING; thence continue Southeasterly, along said extended line, to the Northeast comer of Lot 1 in Block 115 of said plat of Okeechobee; thence continue Southeasterly, along the East line of said Lot 1 and the Southerly extension thereof, to the centerline of the 20 foot wide alley in said Block 115, also being the Northwest comer of a parcel of land as described in O.R. Book 406, Page 288, public records of Okeechobee County, Florida; thence rim East, along the Easterly extension of the centerline of said 20 foot wide alley and along the North boundary line of said parcel of land, to the Western shoreline of Taylor Creek and the Northeast corner of said land described in O.R_ Book 406, Page 288; thence run Northwesterly, along said Western shoreline, to the intersection with the Easterly extension of the aforesaid centerline of N.E. 6ie Street, thence run West along said extended centerline, to the POINT OF BEGINNING. AND: Commencing at the point of intersection ofthe Northerly extension of the East line of Block 147 and the Southeast comer of Lot 12 inBlock 116, OKEECHOBEE, according to the plat thereofrecorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, and run Southwesterly, along OR BK 00511 PG 116E par said Northern extension of the East line of said Block 147, to the intersection with the centerline of N.E. and Street (formerly Ninth Street), also being the Southwest corner of a parcel of land as described in O.R. Book 405, Page 664, public records of Okeechobee County, Florida, and the POINT OF BEGINNING; thence continue Southwesterly along said extended line, to the Northeast comer of Lot 1 in said Block 147; thence continue Southwesterly, along the East line of said Lot 1 and the Southerly extension thereof, to the Northeast comer of Lot 9 in said Block 147; thence run East, along the Easterly extension of the North line of said Lot 9, to the Western shoreline of Taylor Creek; thence run Northeasterly, along said Western shoreline, to the intersection with the Easterly extension of the aforesaid centerline of N.E. 3- Street, also being the Southeast comer of said land described in O.R. Book 405, Page 664; thence run West, along said extended centerline and also along the South boundary line of said parcel of land, to the POINT OF BEGINNING. Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer oocu�'j Date: March 27, 2008 Re: City Streets closing application for Anita Nunes (NE 2 d St. 7 Ave.) We are aware of the critical drainage problems on City of Okeechobee and for that reason the Engineering Office will not recommend approving the request for the City RAV Closing until future Master Drainage Plans for the City of Okeechobee are finalize and we can determine drainage flow paths. rlar-11-4uuo ul:li r-rl L111uuiy '—UV71U�u 02-22-2008 14:03 D R SOD 963 46', _0 6E:2 L T V -:,.o-.Ci: as+�;w �iy'..4i:;.,'-r: ygre�= ie-77.3v � �%:lr r�-..Sf't�: fy:•. �t111��C{'' ifftdi.�y��yyygiair•: 2 tii.., n 'ck� U Authorized Sign? Typed Name W 7 e-9-/6d7 :3 is o 8, re & Title 0 Phone No. Date (5oicd'st taste .. ... may„ Authorized Signature Typed Name & Title Phone No. Date S 11V 0 rl "uthorizedSigna Typeg -Name Title Phone No. D to e� C-7/1 red Onl For C19 of Okeechobee & First Addition to City of Okeechobee Subdivisions: 5 J ��^-� f% C, e-,. S4 ET/l T� �'y .%zw /.L 8(- 171. 3 31.1 q- Z- / S- a S 0 Authorized Signature Typed Name & Title Phone No. Date PAGE:2 0 The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily 'TATE OF FLORIDA -OUNTY 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 -- n the matter of n the 19th Judicial District of the Circuit Court of Okeechobee ounty, Florida, was published in said newspaper in the issues )f • r 11"I Public Notice 5005'� PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE TAKE NOTICE that the City Council 01 rile City of OkeechoUee.81 C. d y, May 2o, 20o8 at 6:00 p1..m. r �?�1fBuFAH NGon he0reatter to EFFECTIVE DATE. "cation No.88, fire ordinance is regarding Street Closing ApppWpI y owner s) David aril Amta Nunez. The suulect street is a f d Street (uns East to West bated between Blacks 147 Okeectwbee Subdmsiort. 411 members of the public are encouraged to attend and partici ie proposed 0 inanrs may be inspected in its enbretY Y nu the OiBce of Ne C ty Clerk during regular business hours, 6M E AND BE ADVISED that'll any person desires to appeal City Council with respect to any matter considered at If person "I need a record of the proceedings, and for ensure a verbatim record of the proceedings is made, w ;8mony and evidence upon wbich the appeal is to be be r the sole purpose otbackupp for official records of the Cla the Americans with Disabll'iy Act (ADA) and Florida Ste disabil'Aies needing special accommodation to pip It contact Lane Gamiotea no -later than two (2) working 5 d he _ or voice unpaired such the Affiant further says that the said Okeechobee News is Okeechobee, in Okeechobee to the proceeding at 863-763-3372 r21 1-BI 955 877g (voice I t-600-955 8771 (TTY1. C� CLERK newspaper published at said P ne iotea, CMC, L273357% 'ounty, Florida, and that said newspaper has heretofore been 519108 published continuously in said Okeechobee County, Florida ach week and has been entered as second class mail matter at he post office in Okeechobee, in said Okeechobee County, lorida, for a period of one year next preceding the first rublication of the attached copy of advertisement; and affiant urther says that she has neither paid nor promised any person, irm or corporation any discount, rebate, commission or refund or the purpose of securing this advertisement for publication in he said newspaper. iwom tq an' d subscribed before me this j TSB Janetta Thiboult �� Jay of + -� l A.D. 20 �- fl ; commission # DD505311 Expires January 10, 2010 800385-7019 Votary Public, State of Florida at Large EXHIBIT 2 *-15-2008(TUE) 13; 10 t:f Okeechobee (FHX)8143 1686 MAY 20, ZOOS City of Okeechobee .W arcs !f7 -2-2 Compiete entire application with all applicabfe attachments and return to the office of the City Clerk. the City Departments will be contacted to sign off on the application. Flas application is then forwarded to the City Council. You w9l be notifted of the meeting date. Please note this apptication will cover both a City street and sidewalk There is a separate appllcetion should you request the jewalk orals TEMPORARY STREET AND SIDEWALK CLOSING Name of Applicant Today's Date Address CI Lss lee- IQ Phono(s) Name of Property owner Teach F- m i-t-33 Address '%L�t ltr1. C %65 week ed Phone(s) q5N-j_S Street to be Closed Dates to be Closed ate— J Y� 'f t- r . Time(s) to be Closed------------ Y1;,i, C:OYK'JL r F P yT. n� k 2C. c V1G1'�e t. Purpose of Closing original Signatures of all residents, property owners and business owners affected by street dosing stating whether they approve or object. This can be done on one list: -Make sure If it is a business that the name of the business and owner is legible. If it IS a resident make sure the name and address is legible. (Required of all applications) copy of proof of insurance. (Minimum S1,coo,000.00, required of all applications) Attachments if any items are being sold on City street -or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtainer! from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can'only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks) imClean-up is required within 24 hours. a No alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. lzrNo.donation's can be requested If any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. LwThe City Public Works Department will, deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. sa Dumpsters and port -a -lets are required when closing the street for more than 3 hours. z•d SLSG-SIE-bS6 W�y�ea� egt,:80 80 9T idd 'PUBLIC WORKS DEPARTMENT Authorized. Signature POLICE DEPARTMENT , (IV--r a_— rized Signature ADMINISTRATION Donnie Robertson Public Works Director Date Typed Name & Title . Date 69, Ch 11 Denny Davis. C ief of Police Typed Name & Title Occupational and/or State License Verified: Brian- Whitehall, City ' Administrator AuthoriYord Signa ure Date j yped Name & Title CLERK'S OFFICE Ujnoftoua Lane Gamiotea, City Clerk Aui orized Signature Date Typed Name & Title APPROVED/DENIED BY COUNCIL ON: Revised 8105/03 5 2 1' 2 1 Q 6 S T „ 11�.... �� III %1%1 Q 7 11 12 a�9 1. 9 111 7 8 910 101112 tillii @�e Imo n�au non liltsIt, 11111111 11111 NDRA weSY 'PRR- sTE-P-T INA II WMIIT�041101 ME monnna MMOmmE male G L 2 E � G L 2 E � nog, maoaie 111111111111 0 uo�o m� w�o�m' l�mm 111.110 111i�40 �j j ��1 p9�109 ��1 9@SIR 19 0o�mo� nm�m� a0 a9q�9i �D 103 A P P L I Ci A N T P R O P E R T Y City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Florida 34974 Phone: (863) 763-3372 ext. 218 Fax: (863) 763-1686 - EXHIBIT 3 Date Received: u z i MAY 20, ZOOS Date Distributed to City Staff and TRC: I I a 3 Property Taxes Paid Verification: t Date of City Council Review: { 0 Council Action: f t APPLICATION FOR PRELIMINARY PLATTING OR SUBDIVIDING PROPERTY NAME OF PROJECT: PARK STREET BUSINESS CENTER NAME OF PROPERTY OWNER(S): WILLIAM GRIGSBY OWNER(S) MAILING ADDRESS: 518 BEAR ROAD, LAKE PLACID, FL 33852 OWNERS PHONE: 863-763-4010 FAX: 863-763-1376 NAME OF APPLICANT: WILLIAM GRIGSBY APPLICANT MAILING ADDRESS: 518 BEAR ROAD, LAKE PLACID, FL 33852 APPLICANTS PHONE: 863-763-4010 FAX: 863-763-1376 CONTACT PERSON: BRANDON TUCKER CONTACT PERSONS PHONE: 863-763-4010 FAX: 863-763-1376 ENGINEER: RUDD JONES, P.E. & ASSOCIATES, P.A. PHONE: 772-461-6997 ADDRESS:1905 S. 25T" ST., SUITE 200, FORT PIERCE, FL 34947 FAX: 772-461-0442 SURVEYOR: NORTHSTAR GEOMATICS PHONE: 772-781-6400 ADDRESS: PO Box 2371, STUART, FL 34995 FAX: 772-781-6462 DESCRIPTION OF PROJECT INCLUDING ALL PROPOSED USES: DEVELOPMENT OF A SIX (6) LOT COMMERCIAL SUBDIVISION W/ ONSITE DRY DETENTION AREAS AND LAKES. NUMBER/DESCRIPTION OF PHASES: ONE (1) LOCATION OF/DIRECTIONS TO THE PROJECT: LOCATED ON THE NORTH SIDE OF SR 70 BETWEEN 12T" AND 13T" AVENUE IN THE CITY OF OKEECHOBEE, FLORIDA. EXISTING IMPROVEMENTS ON PROPERTY: EXISTING DRAINAGE DITCHES AND STRUCTURE TO BE ABANDONED / DEMOLISHED AT THE TIME OF DEVELOPMENT. IS PROPOSED USE DIFFERENT FROM EXISTING OR PRIOR USE? YES X NO N/A TOTAL LAND AREA IN SQUARE FEET: OR ACRES: 13.94 ACRES ONSITE; .18 ACRES ATTDL ROW EXISTING IMPERVIOUS SURFACE: N/A SQUARE FEET ACRES OF SITE Mar 26 08 12:21 p RUDD JON v.. 6PE ASSOC II 1 ADDITIONAL IMPERVIOUS SURFACE: SQUARE FEET PROPOSED TOTAL IMPERVIOUS SURFACE: 10.06 ACRES; 71% OF SITE 4172 461 0442 ACRES p.3 % OF SITE ICURRENT ZONING: CHV CURRENT FUTURE LAND USE: COMMERCIAL CONFIRMATION OF INFORMATION ACCURACY l hereby certify that the information in this application is coffer- The intrmakon YK*ided in this application is tr use by the City of Okeechobee in processing my request False or misleading information maybe punishable by a time of up to S5W.00 and imprisonment of b 30 days and may result in the summary denial of this applcafion ri nted Name Date r City of Okeechobee 55 SE 3" d Av 0keecj8ee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email: bhitehall(aici&ofokeechobee.com *****Memorandum***** Date: May 20, 2008 TO: Mayor & City Council Atty Cook FR: City Administrator RE: CSX Railroad depot disposition I spoke with Lori Bergeron, CSX, today and was advised that she is investigating the CSX timeline for demolition and readily indicated that there are alternatives to demolition. She reinforced that the safety issue is paramount and that the proximity to the tracks makes it difficult for other uses ... other than perhaps an Amtrak facility, of which she is also investigating. As you recall, I spoke with Amtrak reps a few months ago and they indicated that financial support may be possible for feasibility and design in refurbishing the depot. Otherwise, she indicated that CSX would entertain the option of donation of the depot for relocation. Train depot restoration needs hg ilp us stop the demoli- Uisn'`af our historic -train depot! Call CSX Lori Bergeron at 904- 633-4837 or write them at 301 West Bay Street, Jacksonville, FL 32202. Let them' know the 'depot is part of our history and we want to keep and restore it! The Historical Society of Okeechobee needs your help. The historic Tantie School- house which was constructed in 1909 is: in desperate need of - repair. The outside of the build- ing has wood that is rotting, the building is;sagging and in need of leveW as;well as in need of pressure cleaning and painting. The interior needs new carpet and repair. If you can help send donations to the Okeechobee Historical Society: P.O. Box 973, Okeechobee, FL 34973 All do- nations are tax deductible. If: you have any questions please give me a call or email. Toni ' B. Doyle, executive director, Okeechobee -Main Street, III NE 2nd Street, Okeechobee, FL 34972 863- ,357-MAIN(6246) Cell: 863-634-9491 or by email at: okms@mainstreeto- keechobee.com or www.main- streetokeechobee.com • Okeechobee News, Tuesday, May 20, 2008 3 City Council to discuss fate of train station By Pete Gawda Okeechobee News ;When the Okeecho- bee City Council :meets this evening they will discuss the -fate of the train sta- tion and consider .rescinding a previous action dealing with a zoning change. At the last meeting council- man Dowling Watford brought up the topic of the train station. Currently the historic building is slated for demolition by its owner, CSX Transportation. Okeechobee Main Street has been trying for some time to find a way to reno- vate the building. Options for sav- ing and renovating the building will be discussed. At their May 8 meeting the council voted to deny a zoning change request submitted by Steven Ramunni on behalf of property owner Mary Ann New- comer. The property in question is located on S.W.-Park Street and is currently the location of a drive tArough convenience store. The property is currently zoned central business district and the owner wanted it rezoned to industrial to accommodate a billboard. Mr. Ra- munni requested the council re- consider the matter since he was not present at the May 8 meeting due to a misunderstanding. If the denial of approval of the first reading last meeting is rescinded, the council will have to action again on whether to ap- prove or deny the first reading. 'hiring to other business, the city council will consider an ordi- nance to close the undeveloped dead end section of Northwest Second Street adjacent to Taylor Creek. David and Anita Nunez own the property on sides of the right of way. The closing of that section of street would facilitate the development of a proposed commercial activityon the Nunez property. The -council is scheduled to act on a request by Reach FM to tem- porarily close S. W. Sixth Avenue between North and South Park Streets from noon June 5 until 10 p.m. on June 7 and to temporarily close S.W. Fifth Avenue between North and South Park Street from 5 p.m. until 10 p.m. on June 6 for a community concert. Discussion is scheduled on a motion to approve the prelimi- nary plat for the Park Street Busi- ness Center. Under the heading of new business the council will consider closing an alley and ratifying the appointment of Linda Tewksbury as a member of the General Em- ployees/OUA Pension Board of Trustees. They will also consider awarding the 2008 roadway im- provements bid. The mayor is expected to pro- claim the week of June 2 - 6 to be Code Enforcement Officers' Ap- preciation Week in the city. Post your opinions in the Public Issues Forum at www.newszap.com. Reporter Pete Gawda can be reached atpgawda@newszap.com. MAY 20T" AGENDA - EXHIBIT NO. -// MEMORANDUM To: Mayor and Council Members From: Lane Gamiotea, City Clerk, Subject: Alley Closing No. 89 Date: May 14, 2008 Attached is a completed alley closing application submitted by Brad Goodbread on behalf of George A. Goodgread and GAGBEE, Inc., to close the alley running North to South between Lots 1-3 and 7-9 of Block 46, First Addition to South Okeechobee. The South half of this alleyway was closed last year. Mr. Goodbread has purchased the two lots and would like to close the rest of the alleyway. None of the Utility companies require any type of easement. City Engineer Bermudez objects to the alley closing, due to drainage problems on South Parrott Avenue and SW 21 st Street. The decision before the Council would be to either deny the application, or instruct the City Attorney to draft the appropriate ordinance closing the alley and present it for first reading at the June 3, 2008 meeting. Should you have any questions please do not hesitate to contact me. Thank you. • CITY OF OKEEIMOBEE STREET OR ALLEY CLOSING APPLICATION (Note: if pro is in two naTos by ord "and" both signatures are required, le: Jim and Jane Doe) SI A RE OF AF�PLI NT: �. SIGNATURE OF CO -APPLICANT: The fore Ing instrj ment was acknowledged before me this *a0pb, (date) .6md Lw &&&wdond , who lscfflnvonown or (applicant) (co -applicant) who produced as identification and who did (did `not) take oath. Notary Public, Commission No. P.P y0352.1� (signature) p6r�e' -3 FILE NUN 2007010944 This instrument was prepared by: OR B K 00636 PG 1729 Return to. SHARON ROBERTSONr CLERK OF CIRCUIT COURT James M. Gann, P. A OKEECHOBEE COUNTY P FL P.O.Box 1596 RECORDED 08/07/2007 01:00:08 Prl Belle e,F1.33430 RECORDING FEES 10.00 DEED DOC 1r750.00 raiser's RECORDED BY R Parrish l d cation No. P9 1729 r Ups) R-2 50 0 0-0080 (STATUTORY DEED o FORM - SECTION 689.02, F.S.) This llnd e, made this �2 N ° day of AIG L.&ST 2007, Betwgen EDWQV. SIZEMORE, SR., a single person whose post office address(iE 203 S. W. 21st Avenue, Okeechobee, Florida, 34974 of the County of Oleo c bV , State of Florida, grantor', and GAGBEE, whose post office address is of the County of Okeechobee Witnesseth that said grantor, for Florida corporation Ten and no/1 and other good and valuable considerations to bargained and sold to the said grantee, and gn Okeechobee County, Florida, to -wit: 70 East, Okeechobee, Florida, 34972 of Florida, of the sum of (S10.00) grantee', in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, dud assigns forever, the following described land, situate, lying and being in Lots 8 and 9, Block 46, FIRST ADDITION OUTH OKEECHOBEE, according to the plat thereof on file in the office of the Clerk of the Circuit Court in an eechobee County, Florida, recorded in Plat Book 1, page 17. Subject to restrictions, reservations and easements of reco es subsequent to December 31, 2006. V N� and said grantor does hereby fully warrant the title to said lan defend the same against lawful claims of all persons whomsoever. "Grantor" and "grantee" are used for singular or plural, as context requires. In �tness Whereof, grantor has hereunto set grantor's hand and sIthey and year first a vewritten. l r(F ltness) ??or ted name: a/ ;' r e-5 M • ;14uNN Printed name: EDWARD J. SIZEMORE. SR ( nd WGrantor Printed naune>f.S f1pA 1 11. +L IJtOt7� }dA 1 t 1 Printed name: STATE OF FLORWA COUNTY OF PALM BEACH (� The foregotog instrument was acknowledged befor4 me this A h9 day of R 146L%ST . 2007, by EDWARD J. SIZEMORE, SR Heis personally known or produced to as idejntific�ation Notary Public My commission expires: Id, 49rd, ' Linda M. Woodham t Corrxrdsabn # DD365441 Expires February 10, 2008 , e.a.anortar.M,,,,00�ra aoo,>»am+a Book636/Page1729 CFN#2007010944 Page 1 of 1 0-12612UU.1 02'02 FAX 0002/004 >> 92396 Parcel ID Number: 3-28-37-35-0050-00460-0020 & 3-28-37-35-0060-00010-0010 Prepared by and Return to: Okeo-Tantic Title Company, Ind. P i I I_ O F fj ri r C C O P D 105 N - W. 61h Smoot f?7(r •;.r�;;r� pkccchobee,Florid■ 34972 ' c Cr1U}•tT Y. Fl. 383431 03 JAN 10 PH h: 27 Warranty Deed Sl•]a'0,;;;307 P TS014 CLERK OF CIRCUIT COURT This Indenture, Executed thts January 7, 2003 A.D. Between SAMUEL D. EVERETT, JR., A married person, whose addresi is P.O. Box 507, Okeechobee, FL 34974, hereinafter called the grantor, to GAGBEE, INC., A Florida Corporation, whose post office address Is: 12575 Highway 70 East, Okeechobee, FL 34972, hereinafter called the grantee: (whenever used heroin the term 'grantor' and "grantee" include ail the parties to this inenumtxn and the heira, legal rcpresenuuvw and anions or individuals, and the successors and lssigas of corporations) Witnesseth, that the grantor, for and in consideration of the sure of Ten Dollars, ($10,00) and other valut considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, retriiaes, releases, conveys and confi unto the grantee, all that certain land situate in Okeechobee County, Florida, viz: Lots 2, 3 and 4, Block 46, FIRST ADDITION TO SOUTH OKEECHOBEE. according to the Plat tbereofrecorded in Plat Book 1, Page 17, Public Records of Okeechobee County, Florida. These lots lying in and comprising a pan of that part of the East 1/2 of Northeast 1/4 of Section 28, Township 37 South, Range 35 East, lying West ofPsrrottAvenue, Lcss the South 519.3 feet thereof. AND Lots 1 and 2, Block 1, ELOYAL OAKS ADDITION, according to the Plat thereof recorded in Plat Book 1, Page 8, Public Records of Okeechobee County, Florida. These lots lying in and comprising a par[ of the South 519.3 foci of the Southeast 1/4 of Northeast 1/4 of Section 28, Township 37 South, Range 35 East, lying West of Parrott Avenue. Grantor herein Warrants that the above property is not his homestead under the laws and constitution of the State of Florida. Parcel ID Number: 3-29-37-354050-00460-0020 and 3-28-37-35-0060-00010-0010 Subject to covenants, restrictions, easements of record and taxes for the current year. 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; tha• 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 defend the saute against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accr subsequent to December 31, 2002. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. (Sea] SAMUEL D. EYE TT, Addrear. P.O. Box 507, Okeechobee, FL 34974 State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this January 7, Or . E is/are personally known to me or who has produced a drivers Ilcens td�n 3 Documentary Sa�tmps pald in th unt 90 ary b1 rfnt Nlrott J4a.r. Clas C intang.ti,le Tax paid in Me brnOunt My Commissl t I'.unae lea Ellarbeo [lYCISFf(O0ES December 200505 File Number: 20914' Sharon RoWftc:n, Clerk of Circuit Court r,;P„ soeota t"ru taor run wtusu¢Eac Ohtacholee Ct)u:tty. Flonda DEED ' Choic oboe Byi ��.C, Clostn' Choice "7 �- r;.oC a- W6 or-) 0 KID 491; 1JL1020 This Document Prepared By and Return to: R. H. Barber OKEECHOBEE ABSTRACT & TITLE INSURANCE 207 NW 2nd Street Okeechobee, FL 34972 FILED Ff:-r, RECORD r;-cFf•�„`^,-: UFlTY. FL.•. 384886 03FEB -7 PH 4:24 SHI,;iU S I'SOii CLERK OF CCUIT COURT Parcel IDNumber: 3-28-37-35-0050-00460-0010 Warranty Deed This Indenture, Made this 2nd day of January , 2003 A.D., Between DAVID M. CONLON and ROSE M. CONLON, his wife of the County of Okeechobee State of Florida , grantors, and GEORGE GOODBREAD, a single man whose address is: 12575 Hwy 70 East, Okeechobee, FL 34972 of the County of Okeechobee , State of Florida grantee. W itnesseth that the GRANTORS, for and inconsideration of the sum of ------------------------TEN DOLLARS ($10)----------------------- DOLLARS, and other good and valuable consideration to GRANTORS in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Okeechobee State of Florida to wit: Parcel #3-28-37-35-0050-00460-0010 Lots 1 and 7, Block 46, FIRST ADDITION TO SOUTH OKEECHOBEE, according ��-to the Plat thereof recorded in Plat Book 1, Page 17, Public Records of Okeechobee County, Florida, LESS AND EXCEPT THE NORTH THREE (3) FEET THEREOF. Subject to current taxes, easements and restrictions of record. The property herein conveyed DOES NOT constitute the HOMESTEAD property of the Grantor. Documentary Stamps paid in a;, !�mourft of $ 9445 : o-a Class C IntangiWe Tax paid in ti;1--* amount of $ — Shartxi RUL�e twn Clerk of Cir.: a:t Couit Okoe tw m County, Florida _ Date: ,Z-7-Zoo3 and the grantors do hereby fully warrant the title to said land, and will defend the same against lawful claims or all persons whomsoever. In Witness Whereof,the grantors vc hereunto set their hands and Is the day and year first a written. Signed, Seale 1d del in ou presence: ll� Printed Name: call 1��2 AV ONLON Wi toes s �. Ad : 80 W 3rd Av - eeeho ,, FL 34972 �ft i�t7i� Print d e s (Seal) RO S M. O. ON W i the P.O Address: 180 N 3rd Ave., Okeeeho , FL 34972 STATE OF Florida COUNTY OF Okeechobee The foregoing instrument was acknowledged before me this 2nd day of January , 2003 by DAVID M. CONLON and ROSE M. CONLON, his wife who are personally known to me or who have produced their Florida 4Printe ver t s lic a as identifiwtiun. ^,.�i"i''•INN TEDDY AMLoNS V PJotary PuWtc - State N eC� do CommmisaiontT' Not iC o`` / DDti0594 Bonded By Nationol Notary Aesn My Commission Expires: Pa qe. 6 Page 2 i=loricfa PouWe; &Light f pL �Ias ci,,close -4I3Z1 or �n�ta Padgett- . �l�i�e , ss,vr >36�446��-3708 won ng �Cidc�4 -Svc p�n� q6'I- v-2Dg 12 ID I U Authorized Signature Typed Name & Title Phone No. Date - feeo46,er f u��t� fVlanager Authorized Signature Typed Name & Title Phone No. Date Auth ized Signature Typed Name & Title Phone No. Date ©VA- tiFs n, ,, A.s JO^i? /,;/oi� GX �LG%/✓Lf�lfCf� �b /• �Y/. • /� C S �� Signat re Typed Name & Title Phone No. Date Reauired Only For Cltv of Okeechobee & First Addition to City of Okeechobee Subdivisions: t o Authorized Signature Typed Name & Title Phone No. Date ..,+. .+ .. ._... v v a u. • v t a a a.+. i. v u a � Z V ( V V J 1 V J V - - - - - - 1 / J �J d EM13ARQn Voice I Data I Intemet I Wireless I Entertainment &nbarq corporation Mlilstop: FLAPKA 0305 P.O. Box 165000 Altamonte 9psings, FL 32716- 5000 EMBAAQ. Coax April 14, 2008 Brad Goodbread 12575 Hwy 701; Okeechobee, FL 34972 RE: Vacation of Alley between Lots 1,2,& 3 and Lots 7, 8, & 9, BIock 46, First Addition to Okeechobee, Okeechobee County Dear Mr. Goodbread: With reference to the request to vacate the referenced alley, we do not object to the vacation. If you have any questions, you can reach me at the number shown below. Sincer Iy,� t P. 4V� Ginny Graf Bolling ABAL LSTATL MpAwa II REAL ESTATE TRM&KMIWS AND ANALYSIS voice: (407) 805-1627 Aimless: (321) 303-3258 eax: (407) 889-1636 Page 3 Donnie Robertson, Public Works Herb Brian - ' POLICE DEPARTMENT Chief of Police Fire Chief GAMIOTEA, CIVIC, CITY CLERK DPP oj-4-ached rh e 1�2 j� D to Oscar Bermudez, City kngineer Date S /y-06 Date Date Ss Date O 71m, ic'im i 107 LJ EXHIBIT 5 MAY 20, 2008 City Of Okeechobee Roadway Improvements Bid Opening/Bid Tab May 12,1:00 P.M. Company Asphalt — 72,065 S.Y. 1. Lawrence Lynch Corp. 2. Better Roads Inc. 3. Ranger Const. Ind. Inc. 4. Sweat Trucking & Paving Inc. 5. KDL Underground & Dev. Inc. Leveling — per ton 1. Lawrence Lynch Corp. 2. Better Roads Inc. 3. Ranger Const. Ind. Inc 4. Sweat Trucking & Paving Inc. 5. KDL Underground & Dev. Inc. Alternate Bid for Striping — 42,370 L.F. 1. Lawrence Lynch Corp. 2. Better Roads Inc. 3. Ranger Const. Ind. Inc. 4. Sweat Trucking & Paving Inc. 5. KDL Underground & Dev. Inc. Posted on May 12, 2008 at 3:00 p.m. To be removed on May 16, 2008 at 3:00 pm. Unit Price $ 7.30 $ 6.35 $ 5.69 $ 6.22 $ 9.00 Unit Price $145.00 No written bid, "$110.00" verbalized at bid opening. No written bid, verbalized "Included in price" at the bid opening. $ 92.00 $120.00 Unit Price $ .65 $ .50 $ .90 $ .90 $ 1.10 05/20/2008 09:47 8636750 FOX & RAMUNNI • PAGE 02 Fox & RAMUNNI, P-,A. ATTORNEYS AT LAWAMIRA DAJANi FOX amlra@foxremunni.com FRED R. KAHLE fredefoxremunni.00m 2211 Peck Street Suite 250 Fort Myers, Florida 33901 Tel: 239.791.3900 Fax. 239.791.3201 May 20, 2008 Brian Whitehall, Administrator Via facsimile City of Okeechobee 55 S.E. Third Avenue Okeechobee, Florida 33497.4-2932 IN RE: Rezoning Application -Mary Ann Newcomer-Tuten 701 SW Park Street, Okeechobee, FL Dear Mr. Whitehall: STEVEN A. RAMUNNI' steveQfoxramunnl.rAm `also licensed in Texas Post Office Box 1118 LaBelle, Florida 33975 Tel: 863.675.4646 Fax: 863.675.4174 As a follow-up to my discussion yesterday with John Cook, following the first reading of the pending Ordinance, we would request that the City consider temporarily staying this matter for 60 days. We would like to coordinate a mediation involving all pending matters including the two (2) pending lawsuits. Obviously, if my clients and the City can resolve all open issues, everyone would benefit. It is my understanding that our presence " r iced this evening unless you state otherwise. Perhaps the City Council coul tertain the quest for a temporary stay as well. If you have any other questions, please t me know. T ank you for your consideration in this matter. SARAp cc: John R. Cook, Esq. Robert Shearman, Esq. client www.fbxramunni.com 05/15/2008 13:23 8636754V FOX $ RAMUNNI (a FOX & RAIv UNNI, P.A. ATTORNEYS AT LAW AMIRA DAJANI FOX am ira(Rfoxramun n Isom FRED R. KAHL.E fred@foxrdmunni.com 2211 Peck Street Sulte 250 Fort Myers, Florida 33901 Tel: 239.791.3900 Fax: 239.791.3901 May 15, 2008 LCHIBIT 6 MAY 20, 2008 Lane Gamiotea, City Clerk Via facsimile and U.S. mail City of Okeechobee 55 S.E. Third Avenue Okeechobee, Florida 334974-2932 IN RE: Rezoning Application -Mary Ann Newcomer-Tuten 701 SW Park Street, Okeechobee, FL Dear Mrs. Gamiotea, STEVEN A. RAMUNNI• stave4foxrernun ni.com also licensed in Texas Post Offte Box 1118 LaBelle, Florida 33975 Tel: 863.675.4646 Fax: 863.675,4174 This letter shall serve as a request for reconsideration concerning the above -referenced matter. We were misinformed by City of Okeechobee staff as to the sequence of the public hearings and were advised that our appearance was required for May 20, 2008 only. We would respectfully request that you place these matters onto your next available hearing dates for the respective readings and public hearing. Respectfully submitted, Steven A. Rarnunni Dletated by Steven, A. Ramunni SARAp signed in his abasnoe to avoid delay www.foxramunni.com EXHIBIT NO. 3 MAY 6'" - FIRST READING EXHIBIT NO. MAY 20"" - FINAL ORDINANCE NO. 1021 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 CENTRAL BUSINESS DISTRICT (CBD) ZONING DISTRICT TO INDUSTRIAL (IND) 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, Steven Ramunni, Attorney, on behalf of property owner, Mary Ann Newcomer, of the property more particularly described hereafter, has heretofore filed Petition No. 08-002-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.642 acre(s) from Central Business District (CBD) Zoning District to Industrial (IND) 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 April 17, 2008, and submitted by staff report, which determined such petition(s) to be inconsistent with the Comprehensive Plan and is not appropriate with the zoning uses within the City; and WHEREAS, the City Council has not 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: BEGINNING AT THE SOUTHEAST CORNER OF BLOCK 161, OKEECHOBEE, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND RUN THENCE SOUTH 70 FEET TO SOUTH LINE OF NORTH PARK STREET FOR THE POINT OF BEGINNING; RUN THENCE SOUTH 150 FEET TO INTERSECTION WITH NORTH LINE OF SOUTH PARK STREET; RUN THENCE WEST ALONG SAID NORTH LINE 200 FEETTO INTERSECTION WITH EAST LINE OF FORMER BUT. NOW ABANDONED FEC RR; RUN THENCE NORTH ALONG SAID RIGHT-OF- WAY 150 FEET TO INTERSECTION WITH SOUTH LINE OF NORTH PARK STREET AFORESAID; RUN THENCE EAST ALONG SAID SOUTH LINE 200 FEET TO POINT OF BEGINNING; SAID LAND LYING IN AND COMPRISING PART OF EAST ONE-HALF OF SOUTHWEST ONE -QUARTER OF SECTION 16, AND NORTHEAST ONE -QUARTER OF NORTHEAST ONE -QUARTER OF NORTHWEST ONE -QUARTER OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST. LESS AND EXCEPT: ADDITIONAL D.O.T. ROAD RIGHT-OF- WAY ON STATE ROAD 70, AND IS APPROXIMATELY 0.642 ACRE(S) Ordinance No.1021 - Page 1 of 2 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 Commercial Business District (CBD) Zoning District to Industrial (IND) Zoning District. Tie n, SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 61' day of May, 2008. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after second and Final Public Hearing this 20'h day of May, 2008. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk: REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1021 - Page 2 of 2 ` FFax:. keechob Date: ervices rartment Fee Paid: Qj} . (S Avenue, Room 101 ee; Florida 34974-2903 1st Hearing log 63) 763-3372, ext. 218 Publication Dates: ) 763-1686 Petition No. 4 2nd Hearing: .7 Y Uniform Land Use Application Rezone - Special Exception i Variance ✓ Name of property owner (s): n nAA A Owner mailing address��. P 3 !\ V P Name of applicant(s) .if other than owner (state relationship): L I Applicant mailing address: oph'.ce,-10 x L118 LctBe l )e F A Name of contact person (state.relationship): N n► 1JI Contact person davtime hone(s): g(o3^ G-75 - Fax: ar �rin�/1eu�co�r►ea-= ELz4g7 L.a-975 5 lift S- d1-7 ✓ . Property address./ directions to property: ' J b) SW— hr' K S rwf- M&IC LObte FL Indicate current use of property: Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): C�vP.r�ieri�.�S{�re, - �ride,�lhrt.L Approximate number of acres: Is property in a platted subdivision? P Is there a current or recent use of the propem that isiwas a violation of county ordinance? if so, describe: r RFHavetherebeen O ' any land use applications concerning all or art of this property in the last ar?Pplicant's name: Y so, indicate Rect to this application be g granted? T y parcel your total holdings at that location? If not, describe the remaining or intended uses: Describe adjoining land uses / improvements to the North: C D D South: C Q D 4 =Ihi C) East: -P�J West: C f7 v Existing zoning: C13D Future Land Use classification: /� CDM Y Actions Requested: 06 Rezone Special Exception Variance Parcel Identification Number: —2---7 J - : -7— Z r`, A 4 ii .?\ Confirmation of Information Accuracy I-fiereby certify at the information in this application is correct. The information included in this application is for use by the City of Ok' chobee in processing my request_ False or misleading information may be punishable by a fine of up to SS_QD-OO-- d risonment of up to 30 days and may result in the sut mIdernial of this applicat�'7/j % Sim atur Printed tame Date Unifonn Land Use Application (rev. Ii03) Page 1 of 2 Current zoning classification: C [�j D Requested zoning classification : ZAj D g What is your desired permitted use under the proposed classification: Corn,1wiene&\%ore_— �Yl ✓� E l►' (,�. — B f 1 I b CQ.► 4 Z N If granted, will the -new zone be contiguous with a like zone? Yes E Is a Special Exception -necessary for your intended use? I V Variance? D Describe the Special Exception sought: . S P E C I Provide specific LDRordinance citation: A L Are there other similar uses in the area? I P so, describe: E X C E Why would granting your request be in the best interest of the area and residents? P T I if business: briefly describe nature including number of employees, hours_ noise generation and activities to be � )! conducted outside of a building: Uniform Land Use Application tree v03? Page 2 of 2 Printed for lawyers'• tie Cluoronty Fund, Orlando, Florida Warranty deed .(STATUTOf FOtm—SECTION mu F.S.) . 39 Instrument was prepared by, yew: PAUL R. STANTON, E80. ...; WELLISCH AND METZGER, PJL 1�1 Ale,erle'A►eese, i�00.t "'w`r,p cwAa aAsus, noetnA uses ;:�;�,; t${� 3T1aMtWr, Mode this 4 day of January 19 B8 JOHN A. SMITH, JOHN R. BROOKS and WILLIAM J. VACHON, As Tenants in Common of the County of ' ' Okeechobee , State of Florida . grantor', and. 14ARY ANN NEWCOMER whose post office address is P, 0: Box 1537, Okeechobee, FL 34973 i Stole of , grtinfeee, of the* County of . Okeechobee Florida �..{t11TbBlt�, That said grantor, for ond-in•consideration of the sum of Ten and 00/100 ($10.00)----- - - and other good and.vohrable considerations to said grontur in hand paid by said grantee, the. receipt whereof is hereby acknowledged, has granted, borgoined and sold to the sold grantee, and gronteds heirs and assigns forever, the_ following County, Florida,to wit, de�bed lond, situate, lying and being in Okeechobee Beginning at the SE Corner of Block 161, TOWN OF OKEECHOBEE, according to, plat ! thereof recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida, and risn thence South 70 feet to-Southid Nth section with North line of line of North Park Street for the Q�t� point of beginning; run thence South 150' to inters ~irk— South Park Street; run thence West along said line 200 feet to intersection with East line of former but now abandoned FEC RR; run thence North along said { ;(? right of way. 150'feet to intersection with South line of North. Park Street- i p t. aforesaid; run thence East along said South line 20D feet to Point of Beginning; ram... .• I C:-� ' said land ljring 1n and comprising part of E 1/2 of SW 1/4 of Section an NE 1/4 of NE 1/4 of NW 1/4 of Section 21, Township 37 South, Range 35 East. This is comm ercial property and is riot the Homestead property of any of the Grantors. NO f v Subject to: I �� ,;.•,a 1. Taxes for the year 1988 and subsequent years; - 2. Conditions, restrictions, reservations, limitations and easements of record; 3. Applicable zoning ordinances, regulations and other restrictions imposed by rNOP governmental authorities. ""also sold grantor does hereby fully warrant the tills to said fond, and will defend the same against the lawful claims Of 0 ll persons whomsoever. "Wantor" and "grantee" are used for singular or plural, as context requires- jlt {tlltBB �hllPgf,-Gronlor has hereunto set groMoes.ban , seal the day and year fiat hove ritten. Sigr,d�resence, !Seal{ 3 S F0.ED FOR RECOt'•9 nKEECN�'" 11 BRooxs t (semi t_� ja{ L J . VACHON (se (seol) �p CIRCUIT 4OU?, i STATE Of FLORIDA COUNTY OF OKEECHOBEE 1 HEREBY CERTIFY that on this day before me, on officer duly qualified to take acknowledgments, personally appeared JOHN-A. SMITH, JOHN R. BROOKS and WILLIAM J. VACHON to me known to be the person s described in and who executed the foregoing instrument and acknowledged before me that the yexecuted the some. i WITNESS my hand and official seal in the County and state lost ofo� this day of - January �• 19 88 _ Noe lsc My commission expires: AFFIDAVIT STATE OF FLORIDA COUNTY OF OKEECHOBEE I, Mary.Ann Newcomer Tuten a/k/A Mary Ann Newcomer, Aff ant state the following: 1. That I am hereby the owner of the property located at 701 SW Pafk Street, Okeechobee, Florida, alsoparticularly described as. follows: Beginning at the -Southeast corner of. Block 161, Town of Okeechobee according to plat thereof recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida; and run thence South 70 feet to South line of North Park Street'for the Point Beginning; nut thence South 150 feet to intersection with North line of South Park Street; run thence West along said North line 200 feet to intersection with East line of former but now abandoned FEC RR; run thence North along said right-of-way 150 feet to intersection with South line of North Park Street aforesaid; run thence East along said South line 200 feet to Point of Beginning; said land lying in and compromising part of . East one-half of the Southwest one -quarter of Section 16, and the Northeast one -quarter of the Northeast one-qudfter o the Northwest 'one' quarter of Section 21; Township 37 South, Range East - Less and except: Additional D_O.T_ Road right-of-way on S.R. 70. 2- That Steven A. Ramunni, Esq. is authorized to act on my behalf concerning the rezoning application submitted contemporaneously with my affidavit and he is further authorized to appear at all public hearings herein. Under penalties of perjury, I declare that I have read the foregoing affidavit and the facts stated in it are true. y NEWCOME�TUT�EIN, AFFIANT STATE OF FLORIDA COUNTY OF OKEECHOBEE s Sworn to and subscribed before me this, y of August, 2007. Newcomer Tuten is personally known to me or has produced as identification and did pa aka NOTARY PUBiIC-STATE OF FLC)RIDA C Lisa Pace TNkY PUBLIC Commission #DD549434 �y Comm. Expires: 12/20/2007 Mary Ann an oath. NOVEMBER 15 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 2 OF 6 V. OPEN PUBLIC HEARING - Chairperson. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:00 P. M. A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 077013-SSA, submitted by Steven Ramunni on behalf of property owner Mary Ann Newcomer-Tuten. The application is to change the Future Land Use designation from Commercial (C) to Industrial (IND) for property located at 701 Southwest Park Street. Legal description: Unplatted lands of the Town of Okeechobee, according to the plat thereof, recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida, and is approximately 0.642 acre(s) - Planning Consultant. Bill Brisson, Senior Planner for LaRue Planning and Development reported the LaRue Planning Staff recommendation of denial. This property is located between Southwest 7th and 8th Avenues on the south side of State Road 70. This is at the western extremity of the City's Central Business District (CBD) and essentially within a commercial area. Looking at the surrounding land uses and future land use designation, the land to the north is zoned CBD, with Commercial Land Use designation, consisting of a restaurant, car sales and vacant land, immediately to the east is the Park Avenue Greenbelt, to the south a large furniture store, also zoned CBD with Commercial Land Use designation. There is a little confusion as to the actual designation immediately to the west of the property. To the west there is the abandoned right of way. It does not show up on the future land use map as having any land use category, nor does it show any zoning category. Approximately 50 to 60 feet wide in width. Board Member Burroughs inquired whether this strip of land was unincorporated? Mr. Brisson replied, "it is within the City, but it is land that is not officially showing on the maps." Mr. Brisson stated LaRue Planning does not believe that this land or for that matter a number of other lands that are presently shown as Industrial, either on the zoning map or the future land use map, really are practical planning designations. They are carry overs from the fact that this was railroad property and they are given a variety of different land use designations, not all of which make a lot of sense. In light of the way much of these properties are shown on the maps, one would have expected it could have been Industrial in designation. In conclusion, LaRue Planning Staff does not believe the land use to be consistent in the application of the Industrial designation along the railroad right of way. We believe it is a hold over from the previous use of the land as railroad right of way and does not really reflect the most appropriate designation from a planning prospective. This is property located at the end of the CBD district and the Industrial zoning would essentially interrupt the Commercial land use pattern. It tends to introduce the potential of heavy duty manufacturing use in an other wise commercial area. We recommend this proposal be recommended for denial to the City Council. Steven Ramunni, representing property owner Mary Ann Newcomer-Tuten, addressed the Board. He stated, last February the Board acted in an appellate capacity with regards to the recision of the building permit that was issued by the City for a billboard. The City testified before this Board that the property adjacent to this property was designated Industrial, so I have a problem tonight with it being coded as, not really anything, because this Board rendered its decision based on the testimony of the City Staff at the February meeting. NOVEMBER 15 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS -PAGE 3 OF 6 Now it seems like it is being pulled out from under us, so to speak. If you look at the City maps, and there is some confusion, but the property on each side of the abandon right of way, is coded as Industrial property as far as zoning. Somehow there is an error or an omission undoubtably in the City maps where it leaves a gap as to this particular piece of property, which is adjacent to our subject property. In the Land Use designation, there is nothing for any of the abandoned right of way property and we believe that in and of itself creates an inconsistency within the City's comprehensive plan future land use map and the defacto (actually existing, esp. when without lawful authority) zoning that has gone on in the City. It is our contention that the subject property is contiguous to property that is in fact zoned Industrial. With the potential use of manufacturing or processing, this application is consistent and compatible with the surrounding land uses. Vice Chair Hoover stated the objective of the Board is to get the zoning to match with the land use designations of the Future Land Use Map. Mr. Brisson concurred. Mr. Ramunni interjected, unfortunately this is the procedure we have to go through first as suggested by Mr. Cook at the February meeting to rezone the property. To rezone the property, we have to ask for a future land use change. Ms. Hoover then added maybe she misunderstood, but she thought Mr. Ramunni said he thought the property was already zoned Industrial. Mr. Ramunni replied, we believe the property adjacent, which is one of the factors is in fact Industrial and think that is a critical element because that is what gives us our consistency and compatibility to rezone the subject property ultimately as Industrial if the Board was to adopt the Future Land Use Map Amendment. Shelly Johnson, Planner for the applicant, distributed a paper she had prepared, comparing permitted uses within the CBD and Industrial zoning districts. The main question she had was whether the Board was clear on the presentation so far as to the inconsistency between the land use map and the zoning map with regard to the Industrial designations of railroad right of way in the City. I think that is key to this application. The railroad right of way is zoned Industrial, but it does not have a land use designation at all, which creates obvious inconsistencies in the land use map and zoning, which is an issue. The inconsistency makes it difficult to argue one way or the other whether proposed change is consistent with adjacent land use, because the adjacent land use does not exist to the west. The placement of the billboard was proposed on the west side of the property, which is adjacent to the railroad right of way. It was not proposed on the east side adjacent to the park. If the zoning and land use maps were consistent and applied the Industrial land use designations to all the railroad right of ways in the City, it would in fact fall adjacent to Industrial zoned land use designation. The tendencies, based on the land use pattern that has been established on right of ways in the City, is that it probably should have been zoned Industrial at some point in time when all the rest of the right or ways received that designation. Board Member Burroughs stated that you are requesting to make more Industrial property right in the middle of town and that I do not agree with. The Planner for the applicant stated there are other avenues. There is litigation going on and the applicant is more than willing to establish this as criteria of eliminating the litigation process. NOVEMBER 15 2007 PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS -PAGE 4 OF 6 Mary Ann Tuten, formerly Mary Ann Newcomer, owner of the property, said my property has always been Commercial. She stated she does not want to change her property from Commercial to Industrial. All I want is to get an approval for the billboard sign to be put on the property line. She stated she told Carter - Pritchard, the billboard sign company, she wanted. the sign placed as far away from her business and as close to the property line as allowed. "Can we just take the little strip of land by the property line and change to Industrial and make it contiguous with the railroad and leave the rest of my property alone, would that be alright?" Chair Ledferd replied that setbacks for Industrial would not allow for the sign. Chair Ledferd then instructed the Board, this application was for land use change, not a sign. She then asked if she could apply for partial zoning. Board Member McCoy said the Board needs to look at the application as submitted, to change the designation of the whole lot, not a portion of.. Chair Ledferd asked if there were further questions from the Board, applicant, or citizens. There were none. Board Member Burroughs moved to recommend denial to City Council for being inconsistent with the Comprehensive Plan for application No. 07-013-SSA to change Future Land Use from Commercial (C) to Industrial (IND); seconded by Vice Chair Hoover. VOTE LEDFERD — YEA HOOVER — YEA KELLER — YEA MCCOY — YEA JOHNS— ABSENT JUAREZ — YEA MAXWELL — ABSENT O'CONNOR — YEA BURROUGHS - YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on December 4, 2007 before City Council. B. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-014-SSA, submitted by property owners Gwynn and Linda Johnson. The application is to change the Future Land Use designation from Commercial (C) and Single Family (SF) to Industrial (IND) for property located at 105 Northeast 9th Street. Legal description: Lots 1 through 7 and 20 through 26, Block 36, City of Okeechobee, approximately 2.84 acre(s) — Planning Consultant. Mr. Brisson presented the LaRue Planning Staff recommendation of approval, stating the application is compatible with surrounding property and consistent in land use. Chair Ledferd asked if the applicant wished to address the Board. Vikki Aaron, representing the applicant, stated this was being requested due to property appraisal. Mr. Johnson stated when he bought the property many years ago it was Industrial and that is the way he would like to see it remain. Board Member Burroughs interjected, this is an Industrial area and has been zoned that way for a long time. From a contiguous stand point, this request should not be a problem. Board member Maxwell affirmed the need for more Industrial zoning. Chair Ledferd asked if there were further comments or concerns from the Board or citizens. There were none. VII. PUBLIC HEARING CONTINUED. C. 2. b) Public discussion and comments on proposed Ordinance No.1003 continued. c) Vote on motion, 1. a) Motion to read by title only proposed Ordinance No,1004, Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-013-SSA, submitted by Steven Ramunni, Esquire, on behalf of property owner, Mary Ann Newcomer - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No.1004 by title only. DECEMBER 4, 2007 - REGULAR MEETING- PAGE 11 OF 18 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Continuation of the current use will create no traffic congestion, flooding or drainage problems. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The property is subject to no extraordinary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change will not constitute a grant of special privilege to the owner. Mayor Pro Tem Watford asked whether there were any questions or comments from the public? There were none. The only comment from the Council was that this basically is to dean -up a problem that was created when the new land development regulations were adopted. The existing use was permitted to remain, although the type of zoning that was previously designated CII was changed to CLT. However, upon sale of the property, bringing all codes up to date was triggered, causing the rezoning. KIRK - ABSENT MARKHAM -YEA WATFORD-YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member L. Williams moved to read by title only proposed Ordinance No.1004, Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-013-SSA, submitted by Steven Ramunni, Esquire, on behalf of property owner, Mary Ann Newcomer; seconded by Council Member C. Williams. VOTE KIRK -ABSENT MARKHAM-YEA WATFORD-YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No.1004 by title only."ANORDINANCEOFTHECITYOFOKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BYREVISINGTHEFUTURELANDUSEMAPONACERTAINTRACTOFLANDMOREPARTICULARLY DESCRIBEDHEREINFROMCOMMERCIAL TOINDUSTRIAL; PROWDINGFORINCLUSIONOFORDINANCEAND REVISED FUTURELAND USEMAPIN THECOMPREHENSIVEPLAN; PROVIDING FORANEFFECTIVEDATE.- VII. PUBLIC HEARING CONTINUED. D. 2. a) Motion to adopt proposed Ordinance No.1004. DECEMBER 4, 2007 • REGULAR MEETING • PAGE 12 OF 18 Council Member Markham moved to adopt proposed Ordinance No. 1004; seconded by Council Member C. Williams b) Public discussion and comments. The Planning Board reviewed the land use application at their November 15, 2007 meeting and voted unanimously to find the request in -consistent with the Comprehensive Plan. Both the Planning Board and Planning Staff are recommending denial of the land use change. Mr. Brisson reviewed Planning Staff Report findings as follows: 11 The Applicant is requesting a Future Land Use Map Amendment to Industrial and will subsequently apply for a rezoning to Industrial to allow an off -premises sign to be constructed on.the property. The subject property is located in the western part of the North West Park Street (alkla State Road 70 West) corridor at the western extremity of the City's business district (CBD zoning) and within a predominately commercial area. A. Consistency with the Land Use Categories and Plan Policies. The current and proposed uses for the property are consistent with the Industrial Future Land Use Category and the policies that which govern this category. However, with the exception of the park to the west of the subject property, surrounding land use designations, zoning, and existing uses are largely commercial rather than industrial. Staff does not believe that a change to an industrial land use designation at this site is consistent with sound planning as it inserts the possibility formanufacturing orprocessing activities into an area intended for office, retail, wholesale and related commercial activities. As such, Staff does not believe the requested amendment is consistent with the Goal set forth on page 1 of the Future Land Use Element, and which reads as follows: 'Through a well -planned mix of compatible land uses, the City of Okeechobee shall continue to maintain a high quality living environment, preserve its distinctive natural and historic resources, and provide public services to its residents at a minimum cost' B. Concurrency of Adequate Public Facilities. The subject property contains an existing commercial use that is already enjoys provision of public utilities from the City and traffic volumes in the area will not likely change as a result of a change to the Industrial land use category. Staff sees no likelihood of concurrency deficiencies associated with the requested plan amendment C. Compatibility with Adjacent and Nearby Land Uses. While there is nothing inherently incompatible with industrial uses in close proximity to commercial uses, Staff does not believe that the insertion of the potential for heavy industrial at the perimeter of the City's CBD is good planning and is incompatible with the predominantly commercial character of the SR 70 corridor in this area, and particularly in relation to the CBD. • VII, PUBLIC HEARING CONTINUED. D. 2, b) Public discussion and comment regarding proposed Ordinance No. 1004 continued. c) Vole on motion. DECEMBER 4, 2007 - REGULAR MEETING- PAGE 13 GF 18 D. Pattern of current land use and zoning designations. The City has treated abandoned railroad rights -of -way in the general vicinity of the subject property in an inconsistent mannerwith regard to assigning future land use designations. In some instances, abandoned railroad rights -of -way are shown as Industrial on the Future Land Use Map (FLUM); sometimes the lands remain undesignated; and in still others, a residential designation has been applied. Application of zoning to these lands has been somewhat more consistent in that most of the lands have been zoned Industrial, although sometimes in conflict with the future land use designation. Staff believes the application of Industrial zoning is a holdover from the lands' prior association with the railroad, and does not necessarily reflect the most appropriate designation from a planning perspective. Consequently, the existing land use andlor zoning classifications (or lack thereof) do not provide a basis upon which to make land use decisions for nearby properties. The abandoned railroad rights -of -way in this area and elsewhere in the City need to be examined so that their Future Land Use designations and Zoning Classifications can be assigned based on sound planning principles rather than just their prior association with the railroad use. While the Applicant may have no intention of introducing manufacturing or processing onto the site, amending the plan as requested will afford current and future owners the potential to do so. These types of uses, which would be allowed only with industrial land use designation, would not be compatible' with the commercial character of the area. To allow the possibility of their introduction into the area would be inconsistent with good planning and the Future Land Use Element Goal. Therefore, Staff recommends denialof the requested amendment. Attorney Steven Ramunni, Post Office Box 1118, Labelle, Florida addressed the Council on behalf of the property owner, by offering a brief summary of the issues with this application and a previous building permit that was found to be issued in error. In attendance with Attorney Ramunni was a Planning Consultant, Mr. Stephen Pizado, who gave a summary of why he believes the land use change would be consistent with the City's Comprehensive Plan and surrounding uses. Discussion ensued between the Council, City Staff and representatives for the applicant. Mayor Pro Tem Watford asked whether there were any comments or questions from the public? There were none. The Council concluded that the Planning Staff and Planning Boards recommendation should be up held. That the findings based in the Planning Staff Report are substantial, Application No. 07-013-SSA was found not consistent with the Comprehensive Plan, as specifically noted in the Planning Staff Report. Therefore the vote was as follows: KIRK • ABSENT MARKHAM • No WATFGRD • NO C. WILLIAMS • No L. WILLIAMS • No MOTION DENIED. GUZVEYoR rm-c 1. -Bearings shown are relative III unlnAg . N87'24 16'E along. Now S.HIMLlne N.Park. 2. Thls survey Is based on Information Provided by the customer/agent and no search was made of public records by i this office to verify or deny owners, easements,or right=of;'ways. 3. No visible or underground Improvement has been located except as shown. 4. This survey Is not valid without the signature and the orl foal raised seal of a Florida Licensed Surveyor and Mapper. 5. According to FIRM map dated2/04/1981 pane 0 120177 7 Di In Not Included Area of. City Limits; Flood Zone C, per Okeechobee County Planning 6 Zoning Department. 6, Property Address Is: 701 W.North Park Street, Okeechobee, FL 7. There may be additional restrictions that are not recorded on this survey that may be found in the Public Records. MMARY 6URVEY Cj- 0. R. BOOK 292, PAGE 539: rL BEGINNING AT THESE CORNER OF BLDCK 16i, TOWN OF OKEECHOBEE, ACCORDING TO PLAT ~ THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST.LUCIE COUNTY, Q. FLORIDA. AND RUN THENCE SOUTH 70 FEET OF NRTH FARKTHENCESTRE NBEGINNING; FOR.Tp POINT OFSOUTH RUNE SOUTHTN. o'' T H LIE OF SOUTH PARK TSTREET; IORUN ITHENCE TKESTNALONGSAID,NOR '3 WITH HE TH EASTLINEOFDINTERSECTION FORMER.BUTNOOW ABAN - DONED FEC AR;RUN THENCE NORTH ALONG SAID RIGHT OF WAY 150 FEET TO INTERSECTIONWITH SOTH LINE OF. ARK S7,iEET AFORESAID; RUN THENCERTH EAST,ALONG SAID SOUTH LINE 200 FEET TO POINT OF BEGIN- NING; SAID LAND LYING IN AND COMPRISING PART OF SW 1OF OF TOFNSEC- AND NEF1141OF NE 1/42 NW.1/44 TION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST. , LESS AND EXCEPT: ADDITIONAL 0.0. T.ROAD R/W ON S.R.70, R 70 - NORTH PARK GTREET 70 RIW - ASPHALT -. No MEDIAN. Pw7 W W E Marro Em FW I 1 4a1 1 1L j V a' R 292/559 o I a � 11arW IM- ae 9 95a s c .mrL ovr wr 1 a: — ----- ----'- I IB.r i ' 6t 26'jF1 50'I21 I ... :... is {=i =::{":{?{{:ii:{ :• .•. ...... nor COGIEo - .. ' 2E7 n' 8 � :•.�:.�::.�:::':: 9 I •. �: K..,:.:. in b cur171e7Et :R:•. �: d z H own 19 WT UG G4rCrR ................ =?:.............. Mr. (L 07 S s saran 2m. Ir .gyp ------- 7a•nn-+u,auu • 1375 Jackson Street, Suite 206 Fort Myer lorida 33901-2845 Phone: 239--)34-3366 Fax: 239-334-6384 : Email: info@larue-planning.com Rezoning Request 11 Applicant. Steven Ramunni, Esq. for Many Ann Newcomer From: CBD To: IND Petition No. 08-002-R Staff Report A 'cant: S. Ramunni for Newcomer Rezoning Request Petition No.: 08-002-R Applicant: Applicant Address: Steven Ramunni, Esq. . P.O. Box 1118 Labelle, FL 33975 Applicant Phone Number: 863-675-4646, FAX: 863-675-4174 Owner: Mary Ann Newcomer Owner Address:. P.O. Box 1537 Okeechobee, FL 34973 I Future Land Use Map Existing Commercial Proposed Previous request for a Classification change to Industrial was denied and designation CBD remains Commercial. Industrial -ZoningDistrict Use of Property Commercial convenience Commercial convenience store (drive-thru) store (drive-thra) and Acreage 0.642 billboard 0.642 Location: 701 SW Park Street Legal Description: Beginning at the Southeast comer of Block 161, Town of Okeechobee according to the plat thereof recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida, and run thence South 70 feet to South line of North Park Street for the Point of Beginning; run thence South 150 feet to intersection with North line of South Park Street; run thence West along said North line 200 feet to intersection with East line of former but now abandoned FEC RR; run thence North along said right-of-way 150 feet to intersection with South line of North Park Street aforesaid; run thence East along said South line 200 feet to Point of Beginning; said land lying in and compromising part of East one-half of the Southwest one -quarter of Section 16, and the Northeast one -quarter of the Northeast one -quarter of the Northwest one -quarter of Section 21, Township 37 South, Range 35, East. Less and except: Additional DOT Road right-of-way on SR 70. The Applicant is requesting to rezone the subject property from CBD to Industrial to allow an off -premises sign to be constructed on the property. 1 Staff Report Rezoning Request Applic, S. Ramunni for Newcomer Petition No.: 08-002-R Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Ma Classification: Commercial Zoning District: CBD Existing Land Use: Restaurant, car sales, and vacant East: Future Land Use Map Classification: Public Facilities Zonin District: PUB Existing Land Use: Park Avenue Greenbelt public park South: Future Land Use Map Classification: Commercial Zoning District: CBD' Existing Land Use: Large furniture store West : Future Land Use Map Classification: Commercial Zoning District: CITV Existing Land Use: Retail These designations are for the property on the west side of NW 7 Avenue. The property immediately west and adjacent to the subject property is vacant, abandoned railroad right-of-way and, as discussed in detail during consideration of the prior request for a Plan amendment, the adjacent property presently carries no Future Land Use or zoning designations. The subject property is located in the western part of the SR 70 corridor at the western extremity of the City's CBD and within a predominately commercial area. This property was previously the subject of a request to change the Future Land Use designation from Commercial to Industrial, which request was recommended for denial by the Planning Board and subsequently denied by the City Council. Section 70-340 of the Land Development Regulations requires that the reviewing body find that the application for rezoning meets each of the following conditions. The Applicant has submitted no information that would convince the Staff that rezoning the subject property to Industrial would allow for the required findings. Staff offers the following comments: 1. The proposed use is not contrary to Comprehensive Plan requirements. No, the requested rezoning would be contrary to the City's Comprehensive Plan. Rezoning the property to Industrial is not consistent with the intent of the Commercial land use designation presently applied to the property. The Industrial zoning district permits uses that are neither listed nor contemplated as permitted uses within the Commercial Land Use Category and, as such, rezoning to Industrial would be 2 Staff Report Rezoning Request 49 AWant: S. Ramunni for Newcomer Petition No.: 08-002-R inconsistent with the Comprehensive Plan. Furthermore, with the exception of the park to the west of the subject property, surrounding land use designations, zoning, and existing uses are largely commercial rather than industrial. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. A billboard is permitted within the Industrial zoning district, although there is presently a moratorium on the location of billboards within the City. 3. The proposed use will not have an adverse effect on the public interest. No, the rezoning presents the potential for disruption of the predominantly commercial character of the area by introducing the possibility of more intensive industrial uses. This would not be conducive to promoting a well -planned mix of compatible land uses and the continuation of a desirable land use pattern in the area. 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. Insertion of industrial zoning at the perimeter of the City's CBD is not good planning and is incompatible with the predominantly commercial character of the SR 70 corridor in this area. Industrial zoning on this site could result in the introduction of uses incompatible with the character of the surrounding area, particularly in relation to the CBD and could therefore be detrimental to the land use pattern desired for the area. 5. 77ee proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. Industrial zoning at this location could prove a deterrent to improvement or devel- opment of adjacent properties in the manner that is considered desirable and consistent with the commercial character of 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. It may not be possible to suitably buffer all industrial uses that would be permissible on the property. 3 Staff Report Rezoning Request ApplicG S. Ramunni for Newcomer Petition No.: 08-002-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. It is not expected that rezoning to Industrial would likely result in development that would overburden public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. It is not expected that rezoning to Industrial would likely result in excessive traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions The property is not inordinately burdened by unnecessary restrictions. Rather, it has been subject only to restrictions imposed on other similarly zoned properties in the area. Recommendation: In light of the above analysis and findings, Staff recommends denial of the request to rezone the property from CBD to I (Industrial). Submitted by: James G. LaRue, AICP Planning Consultant March 11, 2008 Future Land Use Map (FLUM) Property Appraiser's Aerial Photograph Zoning Map V Public Hearing, Planning Board, March 20, 2008 0 ZONING err, z uo E i k' 4N. 3 RD iTR 5 � � >,... � ym off, a°^ 03/18/2008 00:58 8637634831 PAGE 01 BILLM JEAN REXNOLM 744 S. W. 2e Avenue Okeechobee, Florida 34974 March 18, 2008 City of Okeechobee Planning Board Okeechobee, Florida Re.: Rezoning Property at: 701 South West Park Street This letter is to info m you of my objections of re -zoning the above property. The said property begins the downtown area and should not be zoned industrial. I own pzoperty at 107 South West 7b Avenue. Billie Jean Reynolds • � I March 13, 2008 Sarah Regina Hamrick Trustee PO Box 837 Okeechobee, Fl 34973 Dear City Planning Board/Board of Adjustment I am opposed to the rezoning of Petition No. 08-002-R. The petition is to change the zoning designation from Central Business District {CBD) to Industrial for property located at 701 Southwest Park Street. I have adjacent property and do not want to have it decrease in value. I would appreciate your consideration in this matter. Respectfully, Sarah Regina Hamrick AML 17, 2008 PLMNG BOARAOARD OF ADJUSTMENT AND APPEALS - PAGE 3 OF 6 V. OPEN PUBLIC HEARING CONTINUED. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 084)04-SSA Apprcation will be forwarded in ordinance form fora final Public Hearing on May 6, 2008 III Application wr11 be forwarded in ordinance form for a final Public Hearing on May 6, 2008 before City Council, before City Council B. ConsiderRezoning Petition No.06-002-Rsubmitted bySteven Ramunni, Consider Retuning Petition No. 08-002-R submitted by Steven Ramunni, Esq, on behalf of property owner Mary Ann S Esq. on behalf of property owner Mary Ann Newcomer. The petition is to Newcomer. The petition Is to change the zoning designation from Central Business District (CBD) to Industrial (IND) for change the zoning designation from Central Business District (CBD) to property k)cated at 701 Southwest Park Street and is approximately 0.642 acres. Brief Legal; Block 161, Town of Industrial (IND) for property located at 701 Southwest Park Street and Is Okeechobee. approximately Brief Legal; Block 161, Town ofOkeechobee - Planning Consultant. Mr. Brim presented the LaRue Planning Staff Report, citing the rezoning would be contrary to the City's Comprehensive Plan and not consistent with the intent of the Commercial land use designation presently applied to the property. Mr. Steve Ramunni, Esquire of LaBelle, Florida addressed the Board. Mr. Ramunni started by stating the City zoning map Is Incorrect due to the omission of the abandoned railroad bed not being coded. The same abandoned railroad bed to the North Is zoned Industrial and same should be zoned for this property, allowing the compatibility of the Industrial zoning for 701 Southwest Park Street. The Board discussed the possibility of Industrial uses and the impart to the area. It was stated, this is the Central Business District and as such would not be appropriate to be zoned Industrial and would not be consistent with the current land use and tuning. The map error could be argued for commercial zoning, due to the surrounding zoning. Chair Ledferd inquired whether there were any citizens who wished to addressed the Board. There were none. Board Member Maxwell moved to deny Rezoning Petition No. 08-002-R on the basis, the proposed use is contrary to the City's Comprehensive Plan; and that Industrial Use is not consistent with the Commercial Land Use classification; and further, Industrial Use would have an adverse impact on the public interest should it be situated in our downtown area and on the basis that this use Is incompatible with adjacent uses; and that it be a deterrent to adjacent property; and due to the size of the property would be impossible to offer Industrial uses of neighboring property; and recommend to City Council not to change the zoning from Central Business District (CBD) to Industrial (IND); seconded by Board Member Burroughs. APRu.17, 2008 PLAN" BOMWBM GF AD, MExr AND APPEU • PAGE 4 of B V. OPEN PUBLIC HEARING CONTINUED. B. Consider Rezoning Petition No. 08-002 VOTE LEDFERD•YEA HOOVER -ABSENT KELLER•YEA BURROUGHS•YEA CLOSE -ABSENT MAXWELL•YEA MCCOY-YEA MORGAN-ABSENT O'CONNOR•YEA MOTION CARRIED. Appbdon will be forwarded In ordinance firm for a final Publk Hearing on May 20, 2008 Application will be forwarded in ordinance form for a final Public Hearing on May 20, 2008 before City Council before City Council. III QUASI-JUDICIAL C. Consider a Special Exception Petition No. 08a&SE to allow a drive Considera Special Exception Petition No.08a5-SEto allow adrive through service and outdoorsales and storage located )( )(51 through service and outdoor sales and storage bated within Heavy within Heavy Commercial (CHV) Zoning District (ref. Code Book � 90-20 � west Parukf s� by�cidpti��ohL�14 of Commercial (CHV) Zoning District (ref. Code Book Sec. 90.283)(1)(5)) property owner Linda Bridges. The subject property submitted by Rudd Jones on behalf of property owner Linda Bridges. The through 17, Block 163 and is approximately 0.586 acre(s). subject property is located at 920 Northwest Park Street. Legal not description; Lots 14 through 17, Block 163 and is approximately 0.586 Mr. Brisson presented the LaRue Planning Staff Reportofapprovai, findingthattheuse isr. traryto the Comprehensive acre(s) re(s) - Planning Consultant. Plan requirements. He also stated, there is plenty of room for the drive through and parking. Pairida Gorter, Rudd Jones & Assodates addressed the Board. She stated in the original application, the potted and hanging plants were shown in the Northeast area. They are not visible for people driving by, so they will be relocated. The Board asked whether this project would be completed within twelve months. Ms. Gorter doubted that it could be, due to the renovations that have to be made. Ingress and egress onto or off SR70 was discussed. The ingress and egress will be on NW IeAvenue, Mr. Brisson stated there was ample room for the drive through and parking, and would be addressed at the TRC meeting for site plan review. The Board discussed the Special Exception (SE) classification should the property were to be sold. Would the SE stay with the land or the use. The Board was instructed unless they were specific with the motion the SE would stay with the land. Chair Ledferd asked whether the citizens had any questions? There were none. 1 SNOT OPEN) N. E.'14 TH STREET &I 1 Q ®I 9 A I I f II I I I KNS I i M S B83Ei0 W 3aa0a' rzao' N ea56"1' D' f Sl2Sd - 1 17 1 18 819 i 20 i 21 i 22 23 124 25 i C gl I g� I I e I g I I�„ CZEit°-C� ,SA,N750� 47..50' I I I I I � z 511 4 1 3/1 2 1 1 > 8 I I I I TOPOGRAPHIC SURVEY BLOCK 1, 2,15, & 16 PLAT OF OKEECHOBEE 1 PLAT BOOK &PAGE 5 I OKEECHOBEE COUNTY FLORIDA - l DESCRPnoN: . (PBDMDm BY cusp \ \ LOTS 1 TD 4 INCLUSIVE. BLOCK 1: WEI S TD B DNCML4W _ a = Y. LS7 IDS \ \ NCUUSM BLOCK 2: L07S B TO 10 WCl18W_ BLOC % LOTS 15 a 14 � 2 LOTS 17 a 14 BLOC 2 IRIS 19 a Zq HOC%. 2 LOTS 21 a 22 BLOCK 1 LD75 23 r D.0 A. 10 26 INaUsbE BICCI(x LOTS 1 ID 4 MAMA a= 15, LOIS S aI. \ ■ROC 15E LOTS 11 TO 14 ON XU*%E BLOCK 1x LOTS 19 1D 21 BLOCK-1$ UUMI ID S WCL9VE; BLOC 14 LOTS -5 TO 11 INCLU9VE BLOCK 16: Accomm TO LIE TUT \ \ THEREOF RECORDED IN BOOK 1. PACE 14 a PLAT BOCK S, PAIN S. IF THE RAW RECORDS OF OKEIISDBEE CERAM. FLORID& \ \ (NOTE LOTS 1 TD 4 INCLUSTVE BLOCK 1; LOTS S 70 B TNCUISIVE BLOCK AND LOTS 1 TD 5 INCLUSIVE; BLOCK It LOTS 5 TO 11 INCLu9y4 BLOC It. ARE. AID \a \ PLA RECORDED AS 'RTADtSDE DRIVE AND ADJONW. PROPERTY VEST OF TAYLOR Dow IN � a \ \ 7 lw \ { � PROJECT SPECIFIC NOTES: I) —LESS S+ OO,ER.SE. Al D'.ENSO+S ARE PER P-1(1) OR C-C,I RD(C) 7) TNiS SURVEY IS ROT INTENDED 10 DEPICT .ARISOICTIONA[ AREAS OR OT1ER RIGS OF LOCAL CONCERN. 3) DATE OF LAST FIELD SURVEY.- 06/30/US ✓✓ �YCx.wo a apyt SUCA2 s �4. vs'a etwRus t.ERelneE NOT A BOUNDARY TOPOORAPHC SURVEY ONLY. ) 7HLSBOUNDARY41RDEY- 7H5 6 A 5) THE 22WY DEPICTED HERE IS NOT C048im BY PROF$901AL UABDITT INSURANCE ADDITIONS OR DELETIONS TO SURVEY MAPS. OR REPORTS BY OTHER THAN . N'a THE SIWWG PARTY OR PARTIES 15 PR(HIBTFD "THOU{ `AIDTEN C . IF TFE MGMIM PARTY OR PARTIES 6) ELEVATIONS SNDM/ HBWOM ARE BASED ON THE HATKWAL GE00EIIC VFRLCAL DATUM. 1922 ADJUSTMENT (NGVD) '29. REFERENCE BENCH MARK USER: DEPARTMENT OF TRANSPORTARW STANDARD 4'a 4' CONCRETE aENCH MARK WTH BRASS DISK STAMPED 'BMA DATED D4-12-1995 I LOT, •z �A /.1t El"A11011 2S17B FEET (MM) -A 7) FLOOD E NOT DETERMIE$ PARCELS UE Vl1IYN THE CHY Ems OF - I ► I 8 1 9 110 1 11 I I i I9%71Y E l4250' -_ iNo 1" SRFM6 0 W717.5a moo -L MOO __ 895670 W 1aa00" 54a0' moo- SaOa- 50.00' I S000' rla77YC) 1la8'(P) s wK N 895620' f 5125a' t I sn i�-nu.�tn 37 rlAukl I i . N. E. 12 TH STREET �+ ERN �' �— tits PA' tsm ' INIQ (T+R ' um m6i xeD ' NLOF) mrfT RD \ t N 69$7CY E 67a0D' 'roA�D _� 'lm S 89`S67a' W .Ma00' / , ylW-4750• I f73a- 1 •7.30' � moo- � m1w T MOO' I Sa OU'—] Saco' Sa.00• SaA7•� xcc MOO' SaaO' �' 11 f Saw- MDW Sa00' 5aa0" 7a00 a010' 12 �110 1 918 7 6 15 14 13 12 it �8,17 16 IS 14 13 t I — I I I I i I I ► I 1 2 I 1 TRADEWINDS PROFESSIONAL SERVICES, INC. STA D— AID — TOPOGRAPHIC SURVEY SURVEYORS AND MAPPERS 200 SW 31,d Avenue PREPARED fOR BLOCK 1 2 15 & 16 1 �� F A. WD r� ez Iv ec[vm na4Dn W e nv s p D eah cna etkc eq U e a ec O Set Yon Roe ma Cap VVS 6T9 O FDene d >"" '". yclo nee Dy `"` , <,e - . la e z TNe a,.n,Dy eLP�a,.e "—. s Roe i oI <«t,t«. FL /IL THE E�CLUSFVE USE Of: / M a (m a DoP) a F�.e P P�>.e utluaiMy b mea. Pe.Tr.a .eon b. I— COP) No reaponsLily P FimS[y is a by I.e ABBRENAl10NS 34972 el: (663) 763-2887 AKEIAR HUSAIN PLAT OF OKEECHOBEE 11 aweyer IP Vas A DUva iw[ wmf aey norrrM : NeL w� � [ ageD,e D e n Deaa a tm Dr ° PLAT BOOK 5 PAGE 5 6. Nis svvcy a-_ �gNCW��we-.- Grree J. TAu s.vey .oa P Wpm n xm.ewre _N nrin'nwn °rt'[ Kennett A Breaux. Jl- (PS)I .20) _ . e1,,,,.,,�„ - „m, OKEECHOBEE COUNTY ["cD.wcb NL.Morea eatDD6,As0 Dy Ue iloriee .as-.. �e�iF..y, y y..rA. wayv .. St.w, �ePP.� (aeDl> pLs+uoe[ tD SsUm a 2027. Florioe Ma lo-rw � YP.ti caw. r �� PROJECT SPECIFIC LEGEND: E/C - EDGE OF CONCRETE a/c - BUILDING WINNER SIX - BACK OF CURB BOW _ BACK OF WAJE C[HG - CONCRETE CONST - CONSTRUCTION CARP CORRUGATED METAL PIPE E/C - EDGE OF CONCRETE FOC - FACE OF CURB GNB - GROUND HD/WL - HEADWALL HYD _ FIRE HYDRANT INV v INVERT OSII _ OTHER SURFACE WATER PP - POSER POUF PINT - PAVEMENT stW - SEASONAL Not WATER S/ �Im CONCRETE AmI MIS _ TEIEFIHWE WER W/V - WATER. VALVE W/M - WATER METER aEsceJPrEDN -- IUIF FI/1G BY ix TOPOGRAPHIC SURVEY 07-24-06 ia4/24-57 RLC KAB ADD WETLAND ELEVATIONS 08-25-06 193/17-19 RLC KAa ADO WE-RkW AREA GLQAARON OR-29-06 N/A RLC KAB s"If r = 50' a�.IWAG �NBI r • EXNMff 7 9F: MAY 20 AffNVA F MEMORANDUM TO: Mayor Kirk, Council Members Markham, L. Williams, C. Williams, Watford, Attorney Cook and Administrator Whitehall FROM: Lane Gamiotea, City Clerk O O SUBJECT: Rezoning Petition 08-004-R - VNA DATE: May 19, 2008 Please add the attached matter as New Business to the May 20 agenda for consideration. The motions would be as follows: F. 1. a) Motion to read by title only and set June 3, 2008 as the final Public Hearing date, for proposed Ordinance No. 1023 regarding Rezoning Petition No. 08-004-R submitted by Jeff Acuff on behalf of the property owner, Visiting Nurse Association of Florida, Inc., for 0.712 acres, located at 203 S.E. 2"d Street, to rezone from RMF to CPO - City Planning Consultant. b) Vote on motion to read by title only and set the final public hearing date. c) City Attorney to read proposed Ordinance No. 1023 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 1023. b) Discussion. c) Vote on motion. MAY 20 - r READ - ITEM ADDED TO AGENDA JUN 3 - FINAL - EXHIBIT NO. ORDINANCE NO. 1023 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Jeb Acuff, on behalf of property owner Visiting Nurse Association of Florida, Inc., of the property more particularly described hereafter, has heretofore filed Petition No. 08-004-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.712 acre(s) from Residential Multiple Family (RMF) Zoning Districtto Commercial Professional Office (CPO) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on May 15, 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: 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 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, Ordinance No.1.023 - Page 1 of 2 ALONG THE EAST LINE OF SAID SOUTHEAST 2ND AVENUE, FOR A DISTANCE OF 142.5 FEETTO 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 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Multiple Family (RMF) Zoning District to Commercial Professional Office (CPO) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 20t' day of May, 2008. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CIVIC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 3rd day of June, 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1023 -Page 2 of 2 V. OPEN PUBLIC HEARING • Chairperson. Corsider Rezoning Pdlion No. W-WR submitted by Jab Acuff on beld of property om*s) Vis ft Nurse Association of Florida, Inc . (VNA). The appfx:ation 6 to charge the zoning designation from Residen0al Mu&Famly (RMF) 10 Commercial Professional Office (CPO) forvamtproperty bated 203 Soutlreast r Street. Legal description: City of Okeechobee, Lot 4, Block 171 and is appropmatsly 0.782 acre(s) - Planning Consubd PefiGon *9 be fawarded in ordinance form for final Public Hearing June 3, 2008 before GiV Council WE2oF3 CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:00 P. M. Consider Rezoning Petition No. 0004-R subml0ed by Jab Aadf on behalf of pmpedy owners) VW ft Nuns Association of Florida, Inc. The application is to charge the zoning donation from Residential Multi -Family (RMF) to Commercial PnolleSsional Oka (CPO) for vacant property located 203 Southeast 2n0 Street. Legal description: City of Okeechobee, Lot 4, Block 171 and a approximately 0.782 akxe(s). Mr. Brisson presented the LaRue Planning Staff Repod of approval, stalinrg the appliard meets all criteria of die Comprehensive Plan, It U compatible with the surrounding area Mr. Nilson also reported adequacy of public fa ft. Karen Brass, 201 SE r Street addressed the Board stating she is extremely concerned the use will create traffic and paridng issues. Also questioning whether dils would be a good area due to l he proximity to the police and fire departments. John BambensIA 210 SE r Street, expressed his objection to the rezoning due to the commercial type uses encroaching into existing resldenUal neighborhoods. Mr. Brisson explained the commercial zoning densilies, stating CPO Is tine Icest density of all the commercial zoning. Mr. Akxdf, and Mr. Bo Rush, architect forthe project addressed the Board, and e*Wned the residents would notbe driving, tine iaality staff would provide transportation. ChairLedferdasked whetlher8herewere furlherquesllonsfrom the kdloars? Therewerenone. The Board disax;seddiepetitbnbriefty. Vice Chair Hoover moved to approve Rezoning Petltlon No. W04-R and recommend to City Council to charge the zoning from Residential MuttFamily (RMF) to Commercial Professional Once (CPO) for property located on 203 SE 2nd Street seconded by Board Member O'Comor. VOTE LEDFERD•YEA HOOVER -YEA KELLER•YEA BURROUGHS•ABSENT CLOSE -ABSENT MAXWELL.ABSENT MCCOY•YEA MORGAN•YEA O'CONNOR•YEA MOTION CARRIED. Petition wfli be (awarded In ordinance form for a Final Public Hearing on June 3, 2008 before Cdy Colo Master Land Development Application and Checklist: Rezone — Special Exception — Variance (Rev.12107) Data: Petition No. - City of Okeechobee Jurisdiction: Fee Paid: ,� � �j General Services Department 55 S.E. Yd Avenue, Room 101 IS` Hearin 2° Hearin g� g 0 Okeecbobee, Florida 39974-2903 Publication D es: JCLq S Phone: (863) 763-3372, ext 218 Fax: (863) 763-1686 Notices Mailed (below for ofFceuse only) -b.•'; i r --r•�.6wZ {=R•---.,'r}�zi= - •L._� -'ri"- aSaL�'s.. ;j:,f• j. n+>. ^'Lt=Lawry.{Lti Cysij�L.;• _.. ... - i _`•t. _•� ��ti•_=�;,..� :" a?.-- _ r ._.ec''??r'�-� .. r _ .-.Z•�...ti. _� 1L'.r4CL._..r •!+_ �l••�,i �:Cx �.�e--•j'• f . -c•f . Sri-L• • •?.._-^-:.'-9 : z' ..-•e`- ;-•s�3 "c�•�l_,'.��.�•�'- /� }(' :x • 1 �'•` ` '_ ` FJ. ..Y li_FL" _.. te-�.`,•i _ /��_�?•� x.� r6��Y:E:,r��-��irL?=�_ 1 l'J•T 7:i:,FS' .J: q, `-Trt �i•`yL :.u: - e e�`id t� vN O I Name of property own s . i P Perty }� a+n R ��=r ENT- 2 Owner mailing address: ' a900 SE /-two, kd. 3W FL ' ito !, 3 Name of applicant(s) if otherthan owner 4 Applicant mailing address: 5 - Name of contact ,•�person (state relationship):J.1. f• ��a'� : '�iyF�x1� � `c1ti G'G� {-,CtiA a+.,r -'.F`, 6 Contact person daytime phone(s): 77 a- >:"`i� - _ tt_ > ` v F 4 . ._ .. - ,z ^ : m 4 �a.•- . ` ..._..._nit :J�-•'='L�-•A. �^--e!.^^-•--t ••..�• t 7�[fn7:Tw� F f -i (17�r -ur_.� 1�- r�•.�:., cee-e-.:.r�..e..i?i-:.•' •_ `s ;4 0 tl!ii�:a�;i�`��.¢Q�`f`�i]�'l ic:- S'�- �'�•'- C:.�r �✓•Z,s•'�`'i-.r.-�.rs'f.^_�-= 4;' rL •: —-:r'.y'=1 •e •-^,c,:.• �,��•s... ,^;r.;: :-".s= .-.3'Ei_� s' c ,:r•-trr— _.c, 'r rINTI *t•`•�� -•�.�.c-r-.•s''� rs3;•._...:r:N+�x'S�i• Property address/directions to property: s= 7 03 E 0 C Describe ; current use of property: 8 VA(,z,'k Lam Describe improvements on property (number/type buildings, dwelling units, occupied or vacant, etc.): Oar zcr�iT--.'• _ - ._f�-t.< 10 Approx., acreage: � a Is properly in a platted subdivision? C) Yes No Is there a use on the property that is or was in violation of city or county ordinance? No; (_) Yes If, yes, describe the use and violation: .. '{il l- •��•-x .x��.�� -:LLi�� .._ r.cEiE& •- Have there been any land development applications submitted in the past year that involve any Part of the property. [)No (_)Yes If yes, provide date, name of applicant, and brief description ofthe 12 nature of the application: 13 is a pending sale of the propertysubJect to this application being granted? (� Yes (No Do you own any other lands adjacent to the subject property? (_, No LX) Yes If yes, describe the 14 currentand intended uses: Wa? yy;, �� Il�lL •}p {{i OUr �i:t pion ilt -ice "__ _ - __ Describe uses on adjoining property to the: North:� south: C�►t�°�( Rrv►F __=' _ - `" ±;= 1s _ _-__; East: �w�wur .,� CPe West: c: -- 16 Existing zoning: R Future Land Use classification 17 Request is for. Rezone (_) special Exception �) Variance 18 Parcel Identification Number: - S _ _ 3S - 0 0 k 0 -- a 1710 ` 00 SO Rezoning-Specifie Application and Checklist (rev. IV07) A Current zoning classification: R Requested zoning classification C 0 Describe the desired permitted use and intended nature of activities and development of the property? � B We w;N laa:ld a,n Ass;sted L;..� t=Gt:1 �� . . . Is a special Exception necessary for your intended use? (_) No L—) Yes If yes, briefly describe: C Is a Variance necessary for your intended use? (,._) No "Yes If yes, briefly describe: D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if E the rezoning or proposed use will generate 100 or more peak flour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition JA' of Tri :p Generation. F Attachment addressing the required findings as described below: FINDINGS REQUIRED FOR GRANTING A REZONING -OR. CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340 in the Land Development Regulations) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessaryrestrictions. 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, tail the General Services Dept. at (863)-763-3372, Fxt. 218 Page 1 of l Master Land Development Application and Checklist: Rezone — Special Exception — Variance (Rev. 12/07) M.I-. r-- MT...... --I.A 6040-AN A Mill-, ON -A TA i4l 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 (one 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 a. Computation of total acreage to nearest tenth of an acre ;7 List of surrounding property owners with addresses and location sketch of the subject property. See the 23 Information Request Form from the Okeechobee Property Appraisees Office (attached) 24 Affidavit attesting to completeness and correctness ofthe list (attached) 25 Nonrefundable application fee: Rezone:5500; Special Exception:SMO; Variance:$250; all plus $30/acre. �M= ft H WiNS.-glam :.IN 26 1 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 and may resulting the summary denial of this application. Vg—nature Printed Name Date For questions relating to this application packet, call the General Services Dept. at (863) 763-3372, ext. 218 D_SearchResults Page 1 of 2, Okeechobee County Property Appraiser Last Updated: 3/18/2008 Parcel ID: 3-15-37-35-0010-01710-0050 39 Owner & Property Info Owner's Name VISITING NURSE ASSOCIATION OF Site Address 203 SE 2ND ST, Okeechobee Mailing FLORIDA INC Address 2400 SE MONTEREY RD STE 300 STUART, FL 349960000 CITY OF OKEECHOBEE COM AT THE NW COR OF LOT Brief Legal 4 BLOCK 171, OKEECHOBEE, THENCE Total Land Area 0.782 ACRES Neighborhood 518650.00 Tax District 150 UD Codes I Market Area ao DOR Use Code VACANT COM (001000) The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planing & Development office at 863-763-5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (1) $78,552.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (0) $0.00 XFOB Value cnt: (0) $0.00 Total Appraised Value $78,552.00 Sales History 2007 Proposed Values Just Value $78,552.00 Class Value $0.00 Assessed Value $78,552.00 Exempt Value (code: 39) $78,552.00 Total Taxable $0.00 Value Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode Sale Price 5/18/2000 438/1852 WD I Q $70,000.00 9/2/1998 411/242 WD I , Q $50,000.00 5/18/1973 239/49 WD I U 03 $0.00 Building Characteristics Bldg Sketch I Bldg Item I Bldg Desc I Year Bit I Heated S.F. I Actual S.F. I Bldg Value NONE Extra Features & Out Buildings - (Show Codes) Code I Desc Year Bit Value I Units I Dims Condition (% Good) NONE Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 067EP3 SIDE STREE (MKT) 217.900 FF - (.782AC) 1.00/1.00/1.00/1.00 $360.50 $78,552.00 Okeechobee County Property Appraiser Last Updated: 3/18/2008 http://www.okeechobeepa.com/GIS/D_SearchResults.asp 3/27/2008 '4"'50,gG NURSE ASS0C1gT`0 N 71 of FLORIDA City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, FL 34974-2903 March 31, 2008 Subject: Request to build Assisted Living Community in the City of Okeechobee. COUNTIES SERVE CHARLOTT CITRU DE50T GLADE HERNANO HILLSBOROUG LAK MANATE MARTI OKEECHOBE PALM BEAC PASC The Visiting Nurse Association of Florida, Inc. would like to build an assisted living community located in Okeechobee on the Northeast corner of SE 2nd Street and SE 2nd Avenue. The facility would be built on two lots totaling approximately 1.0 acres; parcel numbers 3-15-37-35- 0010-01710-0050 39 and 3-15-37-35-0010-01710-0060 39. The Visiting Stuart Nurse Association of Florida would like to build a thirty-five unit; three- 2400 SE Monterey Road story building that would be approximately 24,000 sq. feet and would Suite 300 include: a large dining room, an ice cream parlor, a library, TV/movie Stuart, Florida 34996 room, and a great amount of common area for socializing. The property P 772.286.1844 would have approximately thirty parking spaces and be professionally P 800.260.3280 landscaped. The assisted living community would provide residents with F 772.286.8753 assistance monitoring medications, dressing, bathing, housekeeping, and other services as needed. Residents will receive three delicious nutritional Jupiter 10094 W. Indiantown Road meals a day served restaurant style and prepared by a chef Jupiter, Florida 33478 The Visiting Nurse Association of Florida is a state -licensed, non- P 561.743.5060 profit, Medicare certified agency that has provided home health care in the F 561.743.5033 state of Florida since 1976. Our experience and resources are unmatched in the home health care field. We also take pride in supporting and Wellington becoming an active member in the communities we serve. In Okeechobee 12008 South Shore Suite 210 we are a proud member of the chamber of commerce, major sponsor of the Wellington, Florida 33414 Okeechobee Cattlemen's Association Rodeo and a sponsor of National P 561.333.2000 Fire Safety Council of Okeechobee just to name a few. Thank you for your F 561.333.2424 consideration. www.vnaflorida.org Sincerely, Referral Line L - 800.318.0399 eb Acuff Project Manager Visiting Nurse Association of Florida, Inc. P114ELLA P 1, SAFtASO1 SI. LUC COUNTIES SERVED \N G NURSE ASSDC/ qT/ CHARLOTTE CITRUS S\� �}\ ON DESOTO GLADES HERNANDO HILLSBOROUGH LAKE MANATEE e,,fFLORIDA MARTIN O K E E C H d B E E December 21, 2l)U% PALM BEACH PASCO PINELLAS POLK SARASOTA ST. LUCIE To Whom it May Concern: Please be advised that Mr. Jeb Acuff is authorized to act on behalf of the Visiting Nurse Association. Sarasota Donald K Crow 3333 Clark Road President/Chief Executive Officer Suite 170 Sarasota, Florida 34231 P 941.927.1199 P 866.272.1679 State of Florida F 941.927.1351 County Of Bradenton r [?d 3806 Manatee Avenue W.0 The foregoing instrument was acknowledged before me this,,,,-, C"`_ y Bradenton, Florida34205 r i (name of officer or agent, title officer of agent of V NR��oCrc�caf-Zrc. P 941.750. (name of corporation acknowledging), a state or place of P 941.750.0961 incorporation) corporation, on behalf of the corporation. He/she is personally F 941.750.0961 known to me or has produced (type of identification) as identification. Punta Gorda: 150 W. McKenzie Street Punta Gorda, Florida 33950�//f (Signature of notary) (Seal of notary) P 941.505.5700 � IF 941.505.5740Os n Printed name of Notary www.vnaflorida.org Referral Line OBINANNARDIT 800.318.0399 Notky Pubic - State of Florida • My Car Pftsion Expires Oct 8, 20D9 Convnission II W 478288 Bonded By Nations► Notary Assn. RECEIVED GEC 2 6 20 .:;0438 852 Su 9� � pW in the amount of .. _ . 3-15-37-35-001oj 0171&LW50 Class C lntarlpble Tax paip in the amount Station Robertsm. Clerlt of Ceatit Covet FJaida warranty Deed > r 'Mrs D Dane 22-2o�Jn The Indenture. %lade this 18th dad• of flay, 3000 A.D.. BaHtm JL11JIY L_ BYRD and SHERY LE S. BYRD, husband and wife 903 tt-.S. PARK STREET OIiEECIIOBEE FL 3ay71 of the e�turtq' of OKEECHOBEE Swe of 1LOR1D.4 gfitatuts, and VISITING NURSE ASSOCIATION OF FLORIDA, INC., A FLORIDA CORPORATION' w'hose address is: 2Q0 S.E. AtONTEREY RD.. STE. 300 STUART. FLORDIA 349% ,State of FLORDIA , grantee(s) 11itnesseth that the GRANTOR(S) . for and in consideration of the sum of - - - - - - - -TEN NOIt00 t$10.00) - - - - - - - - - - - - - - - - DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE(S) . the receipt whereof is hereby acknowledged, has granted, bargained and sold to said GRANTEE heirs and assigns forever. the following land, situate, lying and being in County of OKEECHOBEE State of FLORIDA To wit: See Schedule A attached hereto and by this -reference made a part hereof. SUBJECT TO covenants, restrictions, easements of record and taxes for the current year. Subject to covenants, restrictions and easements of record. Subject also to taxes for 2000 and subse uent years. and the grantor(s) does hereby fully warrant the tide to said land, and will defend the same against lawful siaims of all persons whomsoever. In Witness Whereof,the grantor(s) has hereunto set his hand and seal the day and year first above written. Signed, sealed del- etS"ed in our presence: Wn�- R IA SCOMt3 MtJiY f. BYRD rn;sm � � w s y - ■ at: se r� twt,� �' / SIIERYLE S. BYRD Witness:_ / i (. ' lj y�(Q �],�i: cows rAXX5MM ir.w X—t oKetUruaEE. Fl. 749x .-T, wile ss: lr, X-4 _ t:.—) Wuness: trn.r a_.t STATE OF Florida COUNTY OF Okeechobee Sworn to and subscribed before me Ibis I &h day of May. 2000 by JIMMY L_ BYRD and SHERYLE S. BYRD, husband and wife who are personally known to me or who have produced a drivers license az�identification 'nit. Donl -M Prepand By: : E• LIPS ;, j-'' Okee-Tantic Title Company, Ind �p O's — �� . _0°; )-'c Pent ante. SUSIE BURK �rVj; toatoE,E=pvn :m= 1''7VOTARY PUBLIC. Post Office Box 1211 _ ut im ZI pay _ = My Commission Expires: Okeechobee, Florida 34973 = - ft. ccys99" = i tPr PUBUG .- - U3 FOFtF)p�: IQ93 ;0438..��1853 Schedule A A parcel of land lying in NW 1/4 of the NW 1/4 of the NW 114 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, OXEECHOBEE, according to the plat thereof recorded in Plat Book S. 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.X. 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 S.E. 2nd Avenue, for a distance of 142.5 feet to the intersection with the North right-of-way line of S.E. 2nd Street (formerly 7th Street); thence run East, along 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 parcel of land for a distance of 142.5 feet to the Northwest corner of said parcel, being a point 257_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_ (GKC/DJ) FILED F"In kLCGilU OKE' CD- FL. 337697 00W"27 'Aiip.21 SHf.sr':i'' _ - �N CLCP.s ejF _:.,JR File No: 16203 OR 0 415 PAR 1316 BK This otimairnl rrepsml ny •nd R,torn Im Cornett, Googs. Rona k Berle, P.A. Poet Office Box 66 Stuart. Florida 34995 Pareelinl\umher. 3-15-37-35-0010-01710-0060 Warranty Deed � Tills Indenture, Madclhis � dayof April Shirley W. Ingalls, an •-aZarried woman Cacumentary St in s�aldln ttR vrtn�mt of Class Cass C gable Tax Q(din the amount of s 8" Shalon Robertson, Clerk of Clreud Court Okeechobee Colmtp Flo�da BY: 69 ,'0 D.C. =— , 2002 A.17., Between of the ('mtnry of Glades • state or Florida , grantor, awl Visiting Nurse Association of Florida, Inc., a corporation existing under the laws of the State of Florida .•hose address is: 2400 SE Monterey Rd., Suite 300, Stuart, FL 34996 of the Cmmty of Martin stair of Florida , grantee. 1Yitnesselll that the GRANTOR. for awl inennddcnibmoftbe suntor MILARti, _ --TEN DOLLARS ($10) ----------------------- ond ntha good anti .aluahle consideration it, GRANTOR in hmrrl raid by (MANUI. the receipt whem,r is hereby arkwuclydgel. has gamed, bargained and sold to the said 4RAWFE and GRANTRI.S heirs, successors and assigns fnrr. sr. the GdMuing described lewd, situate, lyingandbeinginthe Ceentyof Okeechobee State of Florida to wit. Beginning at the intersection of S.E. 2nd Street, f/k/a Seventh Street, and S.E. 3rd Avenue, f/k/a Cherokee Street, in FIRST ADDITION TO OKEECHOBEE, FLORIDA, according to plat thereof recorded in Plat Book 5. Page 6, public records of Okeechobee County, Florida; thence run West along North boundary of S.E. 2nd Street, a distance of 82.1 fast; thence run North at right angle with S.E. 3rd Avenue, a distance of 142.5 feet; thence run East at right angle with S.E. 2nd Street, a distance of 82.1 feet, to West boundary of S.E. 3rd Avenues thence run South, along West boundary of S.E. 3rd Avenue to the intersection with S.E. 2nd Street, being the POINT OF BEGINNING Subject to current taxes, easements and r9etrictions of record. The property herein conveyed DOES NOT constitute the HOMESTEAD property of the Grantor. The Grantor's HOMESTEAD address is 314d Old Lake Port Road, Moore Haven, Florida 33471. zPr7t: 369397 S I I A It OFl 1! Cib"I,'! SUI: C! ERk OF CIitCUll COURT and the gnmor does herehy fuay variant the liar to said Lvul, awl uili defend the sans against lawful claims of all protons whnmsmW- In Witness Wltereof, the gnnmr has hereunto set her haw] and seal the day and year first above writlrn. Signed, scaled and delivered In our presence: W (Seal) Printed Name: Shirl W. In ells Wi a 110 Addtesr• 314a Old d.ske Port Itou6 ltfoore liti-n. Ft.33471 Pain m Nae: W15 Witn e STATE OF Florida COUNTY OF Glade -I' tE6OXE£ The foregoing insionornt uas ackwtu•Icdgcdbefore me this — day of April 12002 by Shirley W. Ingalls, an vAunarried woman she is persoitally known to me ear she has produced her Florida. dr ive sense as identification. C PilyUA C. Walker Pri a Name: /i� LLI.5 [s � Commlm et W 872324 . rsphe. oat 4,2003 Not r Public 's„ r D—dild 7hm Aty l'mnna tam iiapires: Atlanrle llondlnr Ca., In.. VNA f r f ' �, Ili �� ■��.� �� 1 I I �I �I `I�t R m I — — — I-- — — — — a e. a a snag — — — —I— — — — — a. wn I I I I SITE PLAN /NIGH 2&CL MTM ri1' If OIw11ua�. tU�IG R. .VK MIDNAMEI. UDM WR. :W% on M1 wem MN9MElln /%piC l6R. A% PD%NAVMM I X ICIARIA. 4&M- ff. LOCATION MAP ! ! J J b - ■ M 9tgt�� rB� b VI�II� yrt.n1.. .Yww�i1M y { mcor -c .armmr r�awwrmla or%�owavrwr ms�wclw —N R.ofwttA�rr ,twr ewgwN a.wsw A1.1 J P. —QC, - NW CORNER LOT 4, BLK 171, OKEECHOBEE Q r: " PBS 3 a 0 4 Lu wLLJ " W lu C Z LLJ W Lll H Qo Ln w Ix Q J J IP t: WEST 217.9' (D) S89157'44'H 217.84' (FJ y3 QPp,GA�O•PGP 0'P N69.57' 24' E 217, 66' (FJ EAST 217. 9' (DJ LEGEND RSF - Reber Found RBS - Reber W/Ca Set IPF - Iron Pipe Found NTS - NolllTeb Set CNF - Concrete Monument Found PRM - Permanent Reference Monument POB - Point of Beginning POT - Point of Terminus (P) - As per plat IF) - Field Measurement 101 - As per the dead IC) - Ca ICU /at on NOTES 1, All Bearings Assumed 2. Not Valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 3. Description as par referenced O.R. Book B Page 4. No Improvements Located J DESCRIPTION PARCEL ONE •A parcel of land Iying In NN f/4 of the NN 114 of the NN is EAST 82. 1' l0) RBF i/4 of Section 22, iONnshlp 37 South, Range 9B East, being NB9.2B'52'E B2. 37' (F) more particularly described as follows: Coemencing at the Northwest corner of Lot 4 or Block 171, OKEECHOBEE. according to the plot thereof recorded In Plat Book 5, Page 5, public records Of Okeechobee County, Florida. thence run ^ South Sion the West line of sold Lot 4, and the extension 3 thereof, also being the East right-of-way line of S E. 2nd \ Avenue frormerly Tallahassee Street), for a distance or 157.5 C feet to the POINT OF BEGINNING* thence continue South, m alongp the East line of said S. k. 2nd Avenue for a die tancs bI 4 4 •'� f42. 6 feet to the Intersection with the North right-of-mof line of lV S. E. 2nd Street (foreorly 7th StreetJ; thence run East, aeanC .dQ v Bald North IIna of sold B.E. End Street, for a distance or 2f7.9 V m o m z I^ /eot to the Southwest corner of a parcel of lend described In c 0. R. Book J at pa a 107. public records of Okeechobee N in V� (� ri LJ i County, Florida; thence run North, alongthe Neat line of Sold < G QQ Q1n(�rj v > parcel of land for a distance of f42. 6 est to the Northwest' ^ P. 8 IY t• N C �- corner of said parcel, bein0 a Point 157.6 feet South of the Y Q PG W a LU North line or said Block 171; Thence run Meat, parallel/ny the `" Q•' G ^ v LU. North line or sold Block 171, for a distance of 217.9 feet to the Q• QP Q0 v ¢ L ¢ POINT OF BEGINNING. bo a y PARCEL TNO lU 'Beginning at the Intersection of S. E. 2nd Street, rlklal Seventh V) Y Street, and S. E. 3rd Avenue flkla Cherokee Street, In FIRST p ADDITION TO OKEECHOBEE. FLOk1DA according to plat I� Okeechobee County.InFlorida; thencearun heat alonggeNort„ of iboundary of S. E. 2nd Street, a distance of 82. 1 root; thence run North at right an with S E. 3rd Ave, a distance of 142.5 569.57'57•W BE. !1' (FI p• 0. B, U feet; thence run East at right en9/e with S. E. 2nd Street, a 1, distance of B2. ! feet, to tree West boundary of S. E. 3rd Avenue; F WEST 82. 1'(DJ RBS thence run South, along West boundary or S. E. 3rd Avenue to the Intersection with S. E. 2nd Street, being the POINT OF orth Boundary SE 2nd St, BEGINNING.' S. E. 2nd STREET _ (SEVENTH STREET - 70' R/W1 CERTIFICATE OF SURVEY I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON NAB PREPARED UNDER NY DIRECTION AND SUPERVISION. J . A / "Je P • 4( 1 ooAnae Wetw/eouada L EL A ND D YA L S b SLOW vox •_•• � !G,lBfW R. L. S. 2084 ma: '°° °�" VISITING S I T I NG NURSE ASSOCIATION N0.1 304 5, W, 3rd Aye— Okeechobee, Fla, mI Rr OF FLORIDA; INC. PHONE, .. , . 7a9-4900 FAX . — 70-EM Na REYf110Ne DAN • er am R ILIPa• : CI 19M Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: info@larue-planning.com Preparedfor.- City of Okeechobee Applicant: Visiting Nurse Association of Florida Inc. From: "F To: CPO Petition No.: 08-004-R Staff Report Applicant: Visiting Nurse Association of Florida Rezoning Request Petition No.: 08-004-R General Information �p " J.H..-.. - K •. z5;.Y. ;..,: a` a> e& i A 9':. B Ji`?'i i,•';;�;i. f; � F �r �i f',v ,>}. ai F~t J' •i r<.F �Y`i ... ...1. .�1 w. ,.,�s' .... .. .. •..." §K'.e VT �•' _. .. _i �:.. .i 'r i( ` 54J `�2``^Y� r Location: 203 SE 2nd Street Legal Description: A parcel of land lying in NW 1/a of the NW 1/a of the NW 1/a of Section 22, Township 37 South, Range 35 East, being more particularly described as follows: Commencing at the Northwest comer 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. 2"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. 2"d 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 7th 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 comer 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. Request: The applicant requests a zoning change from the existing zoning classification of Residential Multi -Family (RMF) to Commercial Professional Office (CPO). Staff Report Rezoning Request Applicant: Visiting Nurse Association of Florida Petition No.: 08-004-R In February, the City granted a small-scale Future Land Use Map Amendment for the subject property from Single Family to Commercial to allow an assisted living facility. At that time, it was stated that an assisted living facility will be allowable on the subject parcel if the Small Plan Amendment and rezoning to CPO are approved. 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 property owner proposes to build and operate a two-story, thirty-two unit/35-bed assisted living facility. Analysis: 1. The proposed use is not contrary to Comprehensive Plan requirements. The proposed assisted living facility and CPO zoning district are not contrary to the Comprehensive Plan requirements. By allowing the CPO zoning district, the subject property will be zoned consistent with the recently approved Small Plan Amendment changing the Future Land Use designation to Commercial. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The City Council also recently a change to the LDRs providing greater opportunity for the location .of -assisted living facilities in the City. The change allows assisted living facilities as a special exception in the CPO, CLT and CHV zoning districts. irk Staff Report Rezoning Request Applicant: Visiting Nurse Association of Florida Petition No.: 08-004-R 3. The proposed use will not have an adverse effect on the public interest. The proposed use and CPO zoning district will have no adverse effect on the public interest. In fact, there is need for such a facility in the City and the public interest will best be served by allowing this use and zoning district at this location. 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. 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 are four single-family dwellings and a multi -family building. The multi -family property is actually zoned CPO. Despite the prior single-family land use category and the current multi -family zoning, it appears to Staff that the overall policy direction for this area anticipates commercial use bordered by multi -family development. The pro- posed zoning and use are appropriate for this location, are reasonably compatible with adjacent uses, and are 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. Allowing this use and zoning will not adversely affect property values or living conditions. Appropriate development of the subject property may encourage improvement and/or development of adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. Staff believes nearby properties can be adequately buffered from any nuisance factors that may be associated with the proposed use. Buffering will be considered by the Technical Review Committee (TRC) during the site plan review phase of this project. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Density will not be an issue for the subject property. The impact on utility services such as water and sewer were not shown by the applicant, but staff analyzed the proposed impacts during the Small -Scale Amendment phase. This analysis was general but suggested that proposed impacts were not likely to have an adverse effect the City's ability to maintain its adopted levels of service. 3 Staff Report . Rezoning Request Applicant: Visiting Nurse Association of Florida Petition No.: 08-004-R 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Based on the 7th Edition, ITE Trip Generation Manual, the facility has an average trip generation rate of 2.66 trips per assisted living unit per day, with 0.22 trips/day at peak hour. Using these figures,.a 32-unit assisted living -facility could be expected to geherate up to 85 trips per day and seven trips during the PM peak hour. Staff does not believe this level of traffic will neither adversely affect the City's ability to main- tain its adopted levels of service nor result in traffic congestion in the area. Given sound drainage and stormwater management one would not expect flooding or drainage problems. These issues will be specifically addressed by the TRC dur- ing its review of the projects site plan. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions on the property are those which are the standards prescribed by the Land Development Code and the Comprehensive Plan. 10. The proposed change will not constitute a grant of special privilege to an individual :owner as contrasted with the public welfare. The. rezoning to CPO, which is consistent with the Commercial land use designation of the property, will not constitute a grant of special privilege to the owner. Recommendation: Based on the foregoing analysis, Staff recommends approval of the request to rezone the property from RMF to CPO. Submitted by. James G. LaRue, AICP Planning Consultant May 6, 2008 1 st Hearing — Planning Board May 15, 2008 Attachments: Zoning Map of area Property Appraiser's Aerial of site and surrounding area 0 t, 79 0 _i � Ltt L i ` v 1 UM -' .. wilik" -4 t rk•'Y' l,4 *oS i 3i u3 _DM _ 1 _ i I III City of Okeechobee 55 SE 3Td Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email: bwhitehall(a),cityofokeechobee.com *****Memorandum***** Date: For May 20, 2008 Meeting TO: Mayor & City Council FR: City Administrator RE: Activity Report New and Unfinished Business: • Restoration of CSX Depot — At the last meeting the Atty was instructed to investigate the proposed demolition of the train depot. As of this date, Atty Cook has sent an email to CSX requesting direct clarification with the City. The matter has been placed back on the Agenda. • Oaks Plaza (Good)(s), SW 21 St turn lane / Dev Agreement. One of the issues that has held up this development is the ability to access 441 in mid -block as a right-in/right-out method. We have requested the developer to supply the City with traffic concurrency based on either scenario to assist in determining a fair share for the right hand turn lane proposition. On May 8th we rec'd confirmation from DOT (after months of speculation, we contacted them directly) that a right-in/right-out is unacceptable as it is too close to the SW 21 St intersect'n. On May 15tn, we sent a response to Kimley-Horn that there last traffice study was misdirected by not including the lack of access to 441 in mid -block. • Oaks Plaza alley vacation — the rest of the alley in this block is requested to be vacated as listed on the Agenda. • Alley vacation request — 2nd Reading for street closing (Ord 1010, Ap #88) is on the Agenda for the Nunez's, is to be considered for the end of NE 2"d St at Taylor Creek. • Billboard dispute(s) — Recall the Council voted down the 1st Rdg on Ord #1021, the rezone from CDB to Industrial for the property on 70 W. Again, the 4/17 Planning Bd. rejected the rezone. The applicant tho't they had an _ opportunity to come to the meeting for the 2"d Rdg as they had a previous engagement for last meeting. According to our Atty, they have a right to appeal the process by written request. They have subsequently done that and we have put the matter back on the Agenda for discussion. (Note: The original suit pertains to the parcel at 701 SW Park St and again, on 117/08 +/- the City rec'd a listing of assertions relating to a 'Complaint for Declaratory Judgment' of which was answered on Jan 24"'. To reiterate - Centennial Builders filed in Circuit Court for damages associated with not being allowed to construct a billboard on SR 70 West. As you might recall, in Feb the BOA affirmed Independent Inspector's November revocation of the July 2006 building permit. Centennial was seeking damages of $15,000.) Page 1 (Note: On 2114120071 issued a letter to Centennial Builders essentially denying acceptance of an application for a 2"d billboard at 1301 N Parrott this after the City Council passed Res#06-10 suspending applications for billboards. Now, the City is being served on that action. • Southern Trace — Have nothing new to report. There is a provision in the Code that the City can incl transportation concurrency for projects not included in our 5-year Capital Improvement Plan by simply adding it to the Plan at the next regular update (this fall) (CD78-8, Sec 78-205(b)(1). Again, the tentative proposal now is to incorp one 3-story bldg on the northeast corner (lake lot). The density of the entire subdiv will incr to approx 260, which is still under the 264 max., but above the original 230 proposed. Again the devel will be a homeowner's assoc and we continue to iron out the Developer's Agreement. • Sign Ordinance 0994) — LaRue's office is developing notes from the Jan 22"d meeting for use in perfecting the Ord. • Canal cleaning — Have met with last year's contractor to discuss doing some of the silt removal. Have secured a site to place the muck. Now we will work toward costs and budget approach. We have been told not to expect funding form SFWMD. We've investigated and found that FL DOC will be able to assist us in manpower to start maintenance work on weed control. Unfortunately, the canals are. still silted in. Other Issues by Dept: Attorney: • Code Enf — Attempted to place Bus Tax Receipt (BTR) (formerly Bus Lic) compliance on the Code Enf Board agenda, but was advised by Atty Cook, that we need to go through the City Council after we remedy all fines/collection/compliance. We've been making a concerted effort to get all past violators in compliance. • Royal Concrete project —There is no word from the Petitioners (Walpole/Huggins) or the Intervenors (Royal) since our closed session of 1012107. Atty Cook was instructed to advise all parties involved with the mediation that we proceed to the Hearing process and let the chips fall where they may'. City Clerk: • Activity Report is attached. Lane mentions again about population growth for the City of about 2.5% for 2007 over 2006. Engineering: • Storm sewer master plan — Reminded engineer, Bill Mathers, will be composing, on behalf of the City, an opinion on the County/SFWMD endeavor • Discuss new building elevation requirements — There was some discussion about this in connection with the Storm water plan relating to local Code modifications. Discussed at 2/20/07 meeting - The Code (LDR Ch 78, Sec 78-1 (a)) states: 2) Developments shall be designed to provide adequate access to lots and sites, avoid adverse effects of noise, traffic, drainage and utilities on surrounding properties, and avoid unnecessary impervious surface cover. Page 2 Finance: • Activity report — A very concise year-to-date review of revenue/expenses is attached hereto Fire: • Fire Union Contract — Sent info to the Fire Union and it sounds like they still want some kind of terms that grant stipends if and when they are granted to anyone else, which was the original language I proposed as an effort to conclude the dialog ... that they rejected. Will continue to keep you posted. Below is from 5/15/08. Karl - The Council concurred with the contract on the increased leave accumulation and retro pay to 10/1/07, among other issues, but, as expected, and as mentioned before in a Council meeting, rejected the stipends until after budget calculation. The new union contract will expire 9/30/08. Adding any phrase about stipends in this contract is irrelevant, as we are no longer working on a 2-yr contract. The stipends can be added to the new contract, if the Council eventually concurs. Does that sound appropriate as far as language is concerned? I still need to have it all executed as an original. Do you need to see it, prior to the Mayor executing it? Brian Brian - The union members said that they would accept the language that you presented as far as stipends being added if given to other emplyoees with a 1 year contract and the raise that was given to the other employees in October as retroactive back to October. Karl General Services: • Activity report is attached. Police: • New computer purchase — You recall the purchase of the new software a few months ago. The staff has nothing but praise for it's operation. I was given several pages of reports showing officer activity, time analysis, all kinds of arrest and incident info. Attached is an example of one report provided. Once we have more historic data, we can concentrate on using management practices. • Radio Equipment — Briefly, according to Asst Threewitts, the County is closer to securing a grant for purchasing the new 800MHz system, which includes funding for the City's. Page 3 Public Works: • Traffic counts at north 9th Street — L K Nandam, DOT, indicated before the last Council meeting that he would investigate the accident data they were waiting on. • Commerce Park Lakes — We are pursuing additional work for the use of grant monies, including some tree removal, a cuvert installation and wetland upkeep. As you recall, we approved the contract for finishing the Lakes at a prior meeting and the contractor has successfully competed all the contract dots. • Street Asphalt project - Opened bids on May 12th and a bid tabulation is attached to the Agenda as an exhibit. I gave you historic info in my last report and am happy to say that the apparent low bid from Ranger Const. at $5.69/sq yd is 12% less than last year's unit price. I want to elaborate on additional planning. We have done preliminary work on design of curbing around the median (blvd) strips to help clean them up and we plan to sit down with school reps to discuss some of our concems around Central... crossings, traffic flow and general unsightliness. We wish to immediately get this to the drawing board for bid, followed by some touchup additional asphalt work. • Use Commerce Park property for City -garage use — I've advised DPWks Robertson to clean up the garage grounds area and clean up an area in the north side of Lot 15, Commerce Park to store our junk'. The area in the Commerce Park wetland is a continuous cleaning project. • Employee Spotlight: As given by Chief Davis - Dona/d Hagan Donald came to work with the Police Department in November of 1996.I had the opportunity to watch him grow and learn from a rookie into a senior road officer during those years as I was his Sergeant. Donnie proved that he was a very capable officer in those early years and was promoted to the rank of sergeant in / September of 2000. After serving the department in the capacity of a sergeant for five years Donnie was promoted to road Lieutenant in November of 2005. Donnie is very particular about his appearance and that of his equipment to the public. He always maintains a professional image to the public and he requires that of the officers that are under him. I am • very proud of the work that Donnie does for the department as well as the work that he does for our community. Donnie and I have very good working relationship and I am proud to say that he is a good friend of mine. Page 4 TO: Administrator Whitehall FROM: City Clerk Gamiotea DATE: May 14, 2008 Cards and Letters for April and May: Birthday wishes are going out to Heather Roberts 4/5, Skip Eddings 4/13, Mayor Kirk 4/20, Brian Whitehall 4/23, Bill Saum 4/24, Brian Padgett 4/27, Jeff Baugh 4/30, Chris Close 5/16 and Floyd Selph 5/28. Anniversary wishes are going out to Oscar & Linda Bermudez 4/1, Lowry & Kim Markham 4/10, Steve & Sarah Weeks 4/15, Fred & Janice Sterling 4/21, Jack and Kristen Boon 5/6, Bill & Gail Saum 5/19, Sharon & Danny Allison 5/22 and Sammy & Ann Hancock 5/24. Gene O'Neill Retirement Celebration - If you have not purchased your tickets for this event, please do so, Melisa has them in the office. They are also looking for volunteers to help before, during and after the event and any donations you can give for the raffle. Records Management Program - nothing new to report as far a progress. We continue to process an average of 6 requests for records each week. Advertisements - In addition the normal four monthly meeting ads, we've also published twelve ads for eight ordinances, two bid ads and the required annual fair housing ad. We've lined up the dates for the garbage resolutions, they will be published in June and be presented at the July meeting. LUCA (Local Update of Census Addressing Program) - This has been a huge project that my office and I have been working on for some time now. We are updating all census bureau addresses for the entire city. They have their own method of how to do this and it is very time consuming. Population Notice - We received the official population as of April 1, 2007: 5,814, a gain of 141 from 2006. The County is 33,216, a gain of 223 from 2006. Personnel - nothing new to report. We are waiting for the "green light" to advertise for a Maintenance Operator. Citizen Boards - The citizen boards are all completely full! Each board will take action regarding the chair and vice chair appointments in May. As the lists are updated they will be e-mailed to everyone. Pension Board - The latest meeting held was May 12. Also, on the next agenda will be an item to ratify the latest appointment. Memorial Day - Just a reminder City Hall will be closed May 26. Page 1 of 2 Ordinances & Resolutions - Subdivisions. 1 have only received feedback from General Services and Attorney Cook. The planning consultants are still reviewing the proposed changes. Fire Prevention Service and Inspection Fees. Coordinated with Chief Smith and drafted a resolution to be presented at a future Council Meeting for consideration to begin collecting fees for the inspections and review of plans by the fire department, the current site plan fee's to not account for these fees, only for the building official, city engineer and planner. Most cities address the fire department fees in a separate resolution. Chief Smith is still reviewing the draft copy. Appendix C Rate Resolution. Completed the draft resolution to update the fee's charged by the City to process applications and petition as outlined in the LDR's. I had planned to present this resolution at the April meetings for consideration. However, I am researching the fee's further to be certain of what is being recommended. Supplement 5 to the code books. I have been putting this off to wait until the sign ordinance is adopted. However I've given up on that idea and will be sending six ordinances for codification. Elections - The Preliminary Candidate Packets are ready for pick up. Dates to note: July 15, Noon, is the deadline to submit petition cards, should a candidate wish to qualify using that method. Election Proclamation will be presented at the August 5 meeting and advertised on October 1 and 15. Qualifying Week is August 18 through 22. Vacations and Schools - Lane will be out May 30, June 20 & 23, June 30 - July 3 and July 28 - August 8. Melisa is still in the process of making reservations. Pending Items for John Cook - 1 - Glades Gas/Monica Clark, John is reviewing the TRC minutes to see the best way to proceed on this. Page 2 of 2 To: Brian Whitehall, City Administrator From: India, Finance Dept. RE: Revenues -Expenditures Date: 05/13/2008 Analysis of the General Fund Revenues/Expenditures through the month of April (7 months into our fiscal year) is as follows. Revenues Ad Valorem receipts are down $28,000 (1%) as compared to last year receipts, which doesn't sound like much, however, we had received 92% of our budgeted amount by this time last year and only 86% this year. We did receive a large posting the first week in May which will bring us to 89.3% received. The only other specific General Fund Revenue items %2 Cent Sales Tax is down 8% as well or $13,000 compared to last year this time. However, this time last year we had receipted 5 1 % of the budgeted amount, which is the same % this year to date. Both Electric & Telecommunications Utility Taxes receipted are less than last year, as well as, the Franchise Fees. Since we have not decreased our fees & taxes, usage must have decreased so far this year to warrant a decrease in this revenue ($25,312.). The one Utility Tax that has increased is Propane ($6,251), which is an anomaly, as we had one Propane vendor catching up on paying past years taxes this year. Building, Zoning and Exception Fees (user fees) as well and they are down from last year 7.3% ($20,363). Interest Income is down as well, $13,548 (11%). This decrease can be contributed is the November interest which was not applied by SBA as well our actual return on our investment is lower based on interest rates/economics. The total decrease in General Fund Revenues presently is at 1.05% from last year. Overall we have received 6 1 % of budgeted revenues for the year as compared to 63% receipted this time last year. CADocuments and Settings\Brian WhitehalliL.ocal SettingsUemporary Intemet Fi1es\Content_IE5\DFYIICOP\Aprill Expenditures Total dollars expended to date from the General Fund is less than last year by 1% ($30,804). Each Department shows an increase in there total expenditures compared to last year, except General Services and Public Works. Both of these departments have had a substantial change in their expenditures since last year, as the Storage/Record Building was expended last year as well as we have had minimal expense for building permits, etc due to the lack of new construction this year as compared to starts last year. Public Works decrease also may seem to be a misnomer, as we are expending allowable transportation expenses out of the Public Facilities Fund in lieu of the General Fund. There are specific items budgeted this year that were new; the Inter -local IRCC participation of $9,087; the annual lease for the new CAD system in the Law Enforcement budget of $44,578; increase in hours for Code Enforcement, Overtime hours for Dispatch and Support Staff. Part- time Officers, and General Services part-time hours. This past year we also budgeted for anticipated increases in Fuel, Insurance, and the 2.7% CPI allowable for salaries. Seven (7) months into our Fiscal Year most expenditures should be paid out at 58%-of the budget. Departments Line Item FY Thru 04/08 FY Thru 04/07 Council All 60.09% 59.87% Executive All 53.44% 52.32% Financial All 58.17% 54.71% Legal All 35.80% 33.39% General Services All 42.42% 50.39% Law Enforcement All 53.06% 51.93% Fire Protection All 48.60% 51.39% Road & Street All 47.13% 53.26% Line Items which may need further review: Dept. Line Item FY Thru 04/07 Budgeted FY 2008 Expended FY 2008 Law Enf. Other Salaries-(P/T Officers 76.75% $19,059 $14,627 OT-Support Staff 125.56% $4,500 $5,650 Officer OT 74.54% $52,525 $39,150 Utilities 65.16% $13,200 $8,600 R&M Bldg & Equip 65.57% $8,000 $5245 Operating Su Tires 124.40% $5,000 $6,220 Fire Prot Auxiliary Pay 66.00% $10,000 $6,600 Com & Freight 64.82% $10,000 $6,481 Operating Supply 65.73% $7,500 $4,929 Public Wks R&M Bldg & Equip 91.86% $11,550 $10,609 Road Materials/Sup 106.82% $4,500 $4,807 Clerk Other Contractual Ser 76.08% $8,412 $6,400 R&M Bldg & Equip 103.28% $3,570 $3,686 Other Current Charge 104.80% $11,000 $11,527 CADocuments and Setdngs\Brian WhitehalMocal SettingsUemporary Intemet Files\Content.IE5\DFYIICOP\Aprill Analysis of remaining smaller funds as of end of April 2008. Public Facilities Our budgeted Revenues for the Local Option Gas Tax and 8`h Cent Motor Fuel tax are coming in as indicated. Less than last year by $21,460, but as estimated. Interest Earnings are also less than last year, a difference of $7,428. The new %2.Cent Alter Tax, is being received as well. Expenditures are as anticipated, Street Lighting expended at 58.68%, Purchase of 1 Tractor, and the contract for our Street Improvements should be implemented within the month. Capitol Proiects-Improvements Impact fee amounts have been minimal this year as new construction within the City has. slowed. Interest Earnings of $8,352. have been posted for the year through April. Capitol Proiects-Vehicles The leased vehicles, their proceeds from the sale, and the lease along with equipment purchases should all be posted. CDBG Paying out the remaining of the E-10 Grant for Services. Requesting reimbursement of funds from DCA as needed throughout the year. Balances will be transferred to the GF after receipt of last reimbursement, would should be June or July. Law Enforcement Special Fund Minimal activity this year, a small amount of Interest Income applied. No major expenditures made. CADocuments and Settings\Brian Whitehall\Local SettingsUemporary Intemet Fi1es\Content.IE5\DFYIICOP\Aprill Betty J. Clement General Services Coordinator Weeks of: Activity Sheet Building Department - Independent Inspections, Ltd. April 15, 2008 through May 14, 2008, 2008 X Due to new forms from IIL, Patty is looking into becoming a notary. X 0 Town permits were renewed for an additional 90 days. (affordable housing behind the PO) X Issued 35 permits in this time period, 5 of which were BTR's. We have 1 outstanding BTRs at the present time. X Received building permit for the Hampton Inn. Waiting on the final agreement with the Post Office on the shared part of their parking lot. Still waiting X IIL has been working with Code Dept. on issues of excessive signage, condemned/should be condemned buildings and other related building Dept. issues. Fred is waiting on Atty. Cook for guidance on the condemned buildings. Zoning/Land Use/Special ExceptionsNariances - The May Planning Board Meeting will hear one rezoning for the VNA. The land use has already been granted. Also the planning board will elect new chairman and vice chairman. Technical Review Committee — TRC will not meet this month. Bridges Nursery was granted their special exception and anticipate they will come before the TRC in June. General Services —1. Working on the proper land use and rezoning for Hecpice. Spoke with the director, Lisa, this morning, and they are in the process of having an added classification of 1-2 which is two bed classified as institutional. Like a hospital. Their current classification is ALF. The City was not aware of this classification. The ALF in the RMF district is allowed by SE. The 1=2 should happen within two years. She said they have an architect working on the changes and would get a set of plans -to the Building Official when they were completed. I explained we needed to bring all the property of Hospice into compliance with our current LDRs. She expressed the desire to work with the City to accomplish this. We also talked about the yard sale. If we change the land use and rezone, this could be a thrift shop as, I suspect, they had intended. The problem is we have a challenge putting all their uses into one package. Still investigating. They also have two facilities they use to house their nurses. One is permanent residence, okay for RMF, and the other is more of a group home that is also okay in RMF with a special exception, but all the FLU is SF. 2. In the beginnings of re-establishing the yearly bids for material, equipment or services. Scheduled for a seminar on procurement and formal bids June 26th. 3. Figured and collect impact fees for Southeast Milk, $1,998.62 and $4,787.44 from Jersey Mikes. Patty Burnett - General Services Secretary, learning more by the day. I am very pleased with the genuine effort she displays in all aspects of the job. She strives to accomplish all opportunities presented to her. Temporary Use Permits — One temporary use permit still pending for the sales trailer for Casa Bella. Also Pastor Gene Rodenberry stopped by the office to check with me on Bike night at Beefs. He reported that he was in charge and would speak tot he manager of Beefs regarding Temp. Use Permit. I have since found out, Bike night has been moved to the airport. Bids — Guettler Brothers Construction, LLC has returned the notice to proceed for the Commerce Paris Lakes. Bid opening was May 12th for the Roadway Improvements. CC will award the bid on May 20th. Upon completion of the Roadway Bid, the bid for sidewalks and curbs will begin. Public Works Department —Assisting Donnie as necessary with payables, a -mails and faxes, activity reports, utility permits and tractor and truck proposals. The tractors and the trucks have been ordered. Assisting in efforts to reach clarification on the drainage pipe replacement in the Commerce park. f- OKEECHOBEE POLICE DEPARTMENT F�a�•yYear-to-Date CAD Call Detail w Year -To -Date CAD Received Calls 01/01/2008 01/01/2007 1 yr % 01/01/2006 2 yr % Call Nature to 05/14/2008: to 05/14/2007: change: to 05/14/2006: change: AFFRAY 1 0 N/A 0 N/A Abandoned Vehicle 13 0 N/A 0 N/A Agency Assistance 26 0 N/A 0 N/A Alarm 34 0 N/A 0 N/A Animal Noise 1 0 N/A 0 N/A Animal Problem 11 0 N/A 0 N/A Assault 61 0 N/A 0 N/A Attempt to Locate 6 0 N/A 0 N/A BOLO 2 0 N/A 0 N/A Burglary 8 0 N/A 0 N/A Business or License Problem 1 0 N/A 0 N/A COMPLT PULLED IN ERROR 4 0 N/A 0 N/A Child Abuse or Neglect 1 0 N/A 0 N/A Citizen Assist 16 0 N/A 0 N/A Citizen Dispute 1 0 N/A 0 N/A Civil Problem 2 0 N/A 0 N/A Code enforcement 2 0 N/A 0 N/A Controlled Substance Problem 4 0 N/A 0 N/A Criminal Mischief 13 0 N/A 0 N/A Dead Body 2 0 N/A 0 N/A Disabled Vehicle 15 0 N/A 0 N/A Disorderly Conduct 1 0 N/A 0 N/A Domestic Disturbance 7 0 N/A 0 N/A Escort 17 0 N/A 0 N/A Extra Patrol 10 0 N/A 0 N/A Fire 10 0 N/A 0 N/A Fireworks 1 0 N/A 0 N/A Forgery 2 0 N/A 0 N/A Found Property 14 0 N/A 0 N/A Fraud 3 0 N/A 0 N/A Hit & Run Acc 6 0 N/A 0 N/A IDENTITY THEFT 1 0 N/A 0 N/A rpcdstat.x1 05/14/08 Year -to -Date CAD Call Detail Page 2 of 3 Information Report 37 0 N/A 0 N/A Intoxicated Person 6 0 N/A 0 N/A Juvenile Problem 20 0 N/A 0 N/A Lockout 3 0 N/A 0 N/A Lost Property 1 0 N/A 0 N/A MUTUAL AID 2 0 N/A 0 N/A Medical Emergency 57 0 N/A 0 N/A Mental Ill 1 0 N/A 0 N/A Missing Person 4 0 N/A 0 N/A Noise Complaint 3 0 N/A 0 N/A OBSCENE HARASSING PHONE CALLS 1 0 N/A 0 N/A Parking Problem 2 0 N/A 0 N/A , ROAD BLOCK 5 0 N/A 0 N/A Reckless Driver 20 0 N/A 0 N/A Recovered Stolen Vehicle 1 0 N/A 0 N/A Repossession 1 0 N/A 0 N/A Resisting, Interfering Police 1 0 N/A 0 N/A Robbery 2 0 N/A 0 N/A $92 4 0 N/A 0 N/A Shooting 1 0 N/A 0 N/A Shoplifting 5 0 N/A 0 N/A Special Detail 1 0 N/A 0 N/A Stolen Tag 1 0 N/A 0 N/A Stolen Vehicle 6 0 N/A 0 N/A Supplemental Report 1 0 N/A 0 N/A Suspicious Circumstance 45 0 N/A 0 N/A Suspicious Person 41 0 N/A 0 N/A Theft 19 0 N/A 0 N/A Theft of Bicycle 2 0 N/A 0 N/A Threatening 1 0 N/A 0 N/A Traffic Accident with Damage 35 0 N/A 0 N/A Traffic Accident with Injuries 1 0 N/A 0 N/A Traffic Hazard 2 0 N/A 0 N/A Traffic Stop 5 0 N/A 0 N/A Traffic Violation 11 0 N/A 0 N/A Trespassing 21 0 N/A 0 N/A UNWANTED GUEST 8 0 N/A 0 N/A Unconscious Person 1 0 N/A 0 N/A rpcdstat.x 1 05/ 14/08 Year -to -Date CAD Call Detail Page 3 of 3 Unknown Emergency 1 0 N/A 0 N/A Unsecure Premises 3 0 N/A 0 N/A VIN Serial Nmbr Inspection 6 0 N/A 0 N/A Verbal Disturbance 58 0 N/A 0 N/A Verbal Threats 7 0 N/A 0 N/A Wanted Person 6 0 N/A 0 N/A Welfare Check 3 0 N/A 0 N/A Year-Tn-Date CAD Call Comparison 05/14/2006 0 05/14/2007 0 05/14/2008 703 C C C VI C. Of O V CO O O O Report Includes: All Dates between '00:00:00 01/01/06' and '23:59:59 05/14/08', All Cities rpcdstat.x 1 05/ 14/08