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2008-06-03
CITY OF OKEECHOBEE JUNE 35 2008 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION CALL TO ORDER - Mayor: June 3, 2008, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Rev. Tom Pasquarella, Cornerstone Baptist 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. A. Present Adam Crum with a Five -Year Service Award. PAGE 1 OF 9 Mayor Kirk called the June 3, 2008 Regular City Council Meeting to order at 6:00 p.m. Reverend Tom Pasquarella of Cornerstone Baptist Church offered the invocation; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Mayor Kirk read the Certificate of Appreciation for Adam Crum in its entirety for his five years of service to the City as a Firefighter. The Certificate read, "in appreciation for your five years of hard work and dedication with the City of Okeechobee, June 112003 through June 11, 2008. Service is the lifeblood of any organization. Everything flows from it and is nourished by it The City and your fellow citizens have benefitted greatly by your performance." Mr. Crum was not present to receive his certificate and personalized cross pen. Clerk Gamiotea will forward both items to him. 1 I 11 ,DUNE 3, 2008 - REGULAR MEETING - PAGE 2 OF 9 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. B. Proclaim June 13, 2008 as "Gene O'Neill Day." Mayor Kirk read the proclamation in its entirety as follows: "WHEREAS, Gene O'Neill has continued to serve the City of Okeechobee unselfishly and meet the needs of the citizens for thirty-one years; and WHEREAS, Gene O'Neill was employed with the City of Okeechobee for twenty years where he served as Patrolman, 11 Investigator, Detective and Detective Sergeant; and WHEREAS, Gene O'Neill was Director of Emergency educational seminars, coordinating mock disaster simulations and opening Me lines of communications between all Federal, State and Local Governmental Agencies; and WHEREAS, Gene O'Neill as Director of Emergency Management surpassed the call of duty during the Hurricane Seasons of2004 and 2005, keeping Okeechobee informed, response teams ready and supplies available for the citizens of Okeechobee. 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 13, 2008, as "GENE O'NEILL DAY" in the City of Okeechobee." Mr. O'Neill' was present to receive the proclamation and thanked the Council. He stated that it took the efforts of a lot of people working together to make the Hurricane Season of 2004 -2005 successful and he would receive this proclamation in their honor. Mr. O'Neill has recently retired from the County due to serious health problems. The community is sponsoring a celebration of his accomplishments and fund raiser on Saturday, June 13, 2008 at the KOA Convention V. MINUTES - City Clerk. Center. A. Motion to dispense with the reading and approve the Summary of Council Member C. Williams moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the May 20, 2008 Regular Meeting. III May 20, 2008 Regular Meeting, seconded by Council Member L. Markham. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA VI. AGENDA - Mayor. C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? III agenda. There were none. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION AT - Mayor. 111 MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:07 P.M. A.1. a) Motion to read by title only, proposed Ordinance No.1021, Council Member Watford moved to read by title only, proposed Ordinance No.1021, regarding Petition No. 08-002-R, regarding Petition No. 08-002-R, submitted by Steven Ramunni on submitted by Steven Ramunni on behalf of Mary Ann Newcomer, 701 West North Park Street, to re -zone from Central behalf of Mary Ann Newcomer; 701 West North Park Street, to re- Business District (CBD) to Industrial (IND), seconded by Council Member C. Williams. zone from Central Business District (CBD) to Industrial (IND) - City Planning Consultant (Exhibit 1). 12 126 JUNE 3, 2008 - REGULAR MEETING - PAGE 3 OF 9 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.1. b) Vote on motion to read -by title only. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA i C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No.1021 by title only. Attorney Cook read proposed Ordinance No. 1021 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 CENTRAL BUSINESS DISTRICT (CBD) ZONING DISTRICT TO INDUSTRIAL (IND) ZONING DISTRICT, AMENDING THE ZONING MAP 11 ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to adopt Ordinance No.1021. III Council Member Watford moved to adopt Ordinance No.1021; seconded by Council Member C. Williams. b) Public comments and discussion. This ordinance pertains to Rezoning Petition No. 08-002-R submitted by Steven Ramunni, on behalf of the property owner(s), Mary Ann Newcomer, for property located at 701 WN Park St. The request is to change the rezoning designation from CBD to IND. The Planning Board reviewed the application at their April 17, 2008 meeting and voted unanimously that the application was inconsistent with the Comprehensive Plan. They are recommending the City Council deny the application. City Planning Consultant, Mr. Bill Brisson reviewed the Planning Staff Report findings as follows: the petition is not consistent with the comprehensive plan. The proposed use being applied for is specifically authorized under the zoning district. However, there is a moratorium on building permits for billboards. The proposed use will have an adverse effect on the public interest. The use is not appropriate for the location. It is not reasonably compatible with adjacent land uses and could be detrimental to the landoattQrn dPcired#orhe areaY -The-proposed use could prove to adversely affect property values or living conditions or be a deterrent to the improvement or development of adjacent property. It may not be possible to suitably buffer all the industrial uses that would be permissible on the property. It is not expected that the rezoning would likely result in development that would overburden public facilities, nor create excessive traffic congestion, flooding or drainage problems or otherwise affect public safety. The property is not inordinately burdened by unnecessary restrictions. Rather, it has been subject only to restrictions imposed on other similarly zoning properties in the area. 1 �OF9 1 fission ich no an the Ci °s ration; e with Ming )04-R, e from ber C. TY OF SING A ,TIPLE rRICT, VD AN 128 JUNE 3, 2008 - REGULAR MEETING - PAGE 5 OF 9 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. a) Motion to adopt Ordinance No.1023. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. Council Member Markham moved to adopt Ordinance No.1023; seconded by Council Member C. Williams. The ordinance pertains to Rezoning Petition No. 08-004-R submitted by the Project Manager, Jeb 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 Board reviewed the application at their April 17, 2008 meeting and voted unanimously that the application was consistent with the Comprehensive Plan. There were two surrounding property owners who stated their objections. Both Planning Staff and Planning Board are recommending City Council approve the petition. Mr. Brisson briefly reviewed the Planning Staff Report. Mayor Kirk asked whether there were any questions or comments from the public? There were none. Council Member Watford asked whether a Special Exception has been applied for? Mr. Acuff replied that an application was submitted yesterday. Council Member Watford asked whether there was any opposition from the public? Clerk Gamiotea replied, there were two citizens who appeared at the Planning Board Meeting to voice their opposition. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:51 P.M. 1 Vlll. UNFINISHED BUSINESS. A. 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 June 3, 2008 to allow time for a Draft Developers Agreement to be presented) - City Administrator {Exhibit 31 B. Discussion pertaining to the Train Depot - Council Member Watford JUNE 3, 2008 - REGULAR MEETING - PAGE 6 OF 9 129 The motion made by Council Member Watford to approve the Preliminary Plat for Pak Street Business Center and seconded by Council L. Williams was still on the floor from the May 6, 2008 meeting. Discussion began by Administrator Whitehall, the draft Developers Agreement has been received. A copy was included in Exhibit Three.' Attorney Cook asked the applicant whether the time frame was sufficient? Mr. Bill Orazi, Rudd Jones & Associates, answered des." Council Member -Markham remarked-tft"the Technical Review-Cvmnittee meeting on Jam ar)t 23, 2008 the following contingencies were discussed and wanted it understood by the applicant that they meet all requirements. The contingencies were as follows: (1) Applicant will dedicate to the City 70 foot right-of-way for East 12th Avenue from the South to North property line of the subject property, including the cul-de-sac shown on site plan; (2) Applicant shall provide a 20-foot paved roadway, including the cul-de-sac, to a point 25 feet North of the cul-de-sac; (3) Applicant shall provide a 5-foot sidewalk along the East side of Northeast 12th Avenue; (4) Applicant shall show setback along the East property line of Lot 1. A 10-foot landscape buffer shall still be required along this property line. Council Member C. Williams was not in favor of the sidewalk being only on the East side of Northeast 12" Avenue, he preferred it being on both sides. Mr. Orazi explained that there is still a chance that the parcels on the West could also have sidewalks as the individual developer constructs their lot. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Note: Council's approval or conditional approval does not constitute acceptance of the final plat, rather, it shall be deemed an expression of acceptance for the layout submitted on the preliminary plat as a guide to the preparation of the final plat and approval of construction plans for required improvements and required supplementary materials, Administrator Whitehall elaborated in regards to his email regarding the train depot, that he has been in contact with CSX representative Lori Bergeron and she explained that June 30`h was the deadline given to the current business renter within the depot for eviction. She also stated that CSX would be willing to donate the building, but there has to be a commitment with a plan of action to either move the building or to have it refurbished. Okeechobee Main Street (OKMS) has been in contact with Amtrak and they are eager to refurbish the building with funding through the Great American Stations grant program. Administrator Whitehall explained the next step would be to get in writing commitments from Amtrak and CSX. 130 June 3, 2008 - REGULAR MEETING - PAGE 7 OF 9 Vill. UNFINISHED BUSINESS CONTINUED. B. Discussion pertaining to the Train Depot continued. IX. NEW BUSINESS. Mrs. Maureen Burroughs, President of OKMS, informed the Council that a package has been sent to CSX Board of Directors requesting them to meet with the City officials, County officials, Historical Society, OKMS and Amtrak to actually tour the train depot. Also included in the package was the Historical Structure Form, (approved to be on the historical register of places); letters from OKMS of their commitment; letter from Lakeview Builders, Elbert Batton requesting to be construction manager of restoration at no charge; Walpole's offer of land swap; pictures of current train depot and all literature from the Okeechobee News and Speak Out for public interest. Mrs. Toni Doyle, Executive Director of OKMS, added that she spoke with Mr. Thomas Spennis, Director of Government Affairs for Amtrak, they will contact CSX in writing regarding their interest in the restoration of the train depot. Mrs. Burroughs asked whether CSX was required to have a demolition permit? Administrator Whitehall answered "Yes" according to the City Building Official. Council Member Watford asked whether a moratorium could be put in effect on demolition permits on buildings over 50 years until the Historical Preservation Ordinance is established? Attorney Cook replied that can be done. Council Member Watford moved to put a moratorium on demolition permits for any building structure 50 years or older until a historic preservation ordinance is established. Attorney Cook stated that a Resolution would be more suitable. Council Member Watford withdrew his motion. Council Member Watford moved to adopt Resolution No. 08-05 implementing a moratorium on any demolition permits for any building structures 50 years or older until further action by City Council; seconded by L. Williams. A. 1. a) Motion to read by title only and set July 1, 2008 as a final public Council Member Watford moved Motion to read by title only, and set July 1, 2008 as a final public hearing date for hearing date for proposed Ordinance No. 1024, Alley Closing proposed Ordinance No.1024, Alley Closing Application No. 89, submitted by Brad Goodbread, closing North to South Application No. 89, submitted by Brad Goodbread, closing North to alleyway between Lots 1 through 3 and 7 through 9 of Block 46, First Addition to South Okeechobee; seconded South alleyway between Lots 1 through 3 and 7 through 9 of Block Council Member C. Williams. 46, First Addition to South Okeechobee - City Attorney (Exhibit 4). 11 b) Vote on motion to read by title only and set final public hearing date. III VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. JUNE 3, 2008 - REGULAR MEETING - PAGE 8 OF 9 131 IX. NEW BUSINESS CONTINUED. A.1. c) City Attorney to read proposed Ordinance No.1024 by title only. Attorney Cook read proposed Ordinance No.1024 by title only as follows: "AN ORDINANCE CLOSING, VACATING ANDABANDONINGTHEALLEYORALLEYWAYASDESCRIBED HEREIN, WITHINBLOCK46, FIRSTADDITION TO SOUTH OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 17 OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. III Council Member Markham moved to approve the first reading of proposed Ordinance No.1024; seconded by Council 1024. Member L. Williams. b) Discussion. Alley Closing Application No. 89 was submitted by Brad Goodbread, on behalf of property owners, George A. Goodbread and GAGBEE, Inc. The purpose of the ordinance is to close the rest of the North to South alleyway between Lots 1 through 3 and 7 through 9 of Block 46, First Addition to South Okeechobee. They closed the South portion of the alleyway in February 6, 2007 and are requesting to close the rest of the alleyway as they are now the property owners. The proposed use for the property is for commercial development. No easements are being requested by the utility companies. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. B. Consider "National Day of the Cowboy' event - Maureen Burroughs, Mrs. Burroughs, addressed the Council regarding the 2nd Annual National Day of the Cowboy event. They already Okeechobee Main Street. have the insurance certificate and have been in contact with the Department Of Transportation to close SR 70 for the cattle drive. The Okeechobee Cattleman's Association Members will be the only ones riding in the cattle drive and for safety purposes all riders must apply and will be given security passes. They will have the Ranch Rodeo event with the winners proceeding to the State level. Council Member Watford moved to approve the National Day of the Cowboy set for Saturday, July 26, 2008 at the Okeechobee County Agriculture Center; seconded by C. Williams. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. 132 X. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based City Clerk media are for the sole purpose of backup for official records of the Clerk - James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk JUNE 312008 - REGULAR MEETING - PAGE 9 OF 9 THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT7:26P.M. The next Regular Meeting is scheduled for July 1, 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 #013814 in the matter of City of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee FL 34974-2932 In the Court, was published in said newspaper in the issues of 05/29/2008 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. James A. Hughes, Jr., (Publisher) ) Sworn to and subscribed before me this -9 day of A. D. 2008 CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council ofthe Cityof Okeechobee will meet in Regular Session on Tuesday, June 3, 2009, 6:00 p.m. at 6:00 p.m. at City Hail, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida. The public is invited and encouraged to attend. A copy of the agenda will be available on our website at www.cityofokeechobee.com, or contact City Administration at (863) 763-3372 x212. 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 interestedpprson 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 shouldmntact Lane Gamiotes, no later than two (2) Working days prior to the proceeding at 863-763-3372 x 214; if you are hearing or voice impaired, call TDD 1-800-955-8770 (voice) or I-800-955-8771-(TM. by: James E. Kirk, Mayor Lane Gamiotes, CMC, City Clerk Publish: 05/292008 Okeechobee Times _ RoseaiPP A J2rann", ry ruouc .- COmmisslOn MD318483 Expires: Jun 25, 2008 o. -';"OF Fl.oQonded nru " Atlantic Bonding Co., Inc. CITY OF OKEECHOBEE - JUNE 3, 2008 - REGULAR CITY COUNCIL MEETING HANDWRITTEN MINUTES BY Lane Gamiotea CALL TO ORDER - Mayor: June 3, 2008 City Council Regular Meeting, p.m. II. OPENING CEREMONIES: Invocation Reverend Tom Pasquarella, Cornerstone Baptist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. PRESENT ABSENT Mayor James E. Kirk X Council Member Lowry Markham X Council Member Dowling R. Watford, Jr. X Council Member Clayton Williams X Council Member Lydia Jean Williams X City Administrator Brian Whitehall X City Attorney John R. Cook X City Clerk Lane Gamiotea X Deputy Clerk Melisa Eddings X Police Chief Denny Davis X Fire Chief Herb Smith X Public Works Director Donnie Robertson X IV. PROCLAMATIONS AND PRESENTATIONS. A. Present Adam Crum with a Five -Year Service Award. Absent due to sister's graduation. In appreciation of your five years of hard work and dedication with the city June 11, 2003 through June 11, 2008 service is the lifeblood of any organization. Everything flows from it and is nourished by it. The city and your fellow citizens have benefitted greatly by your performance. B. Proclaim June 13, 2008 as "Gene O'Neill Day." V. MINUTES - City Clerk. A. Council Member C. Williams moved to dispense with the reading and approve the Summary of Council Action for the May 20, 2008 Regular Meeting; seconded by Council Member Markham. VOTE: YEA NO KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. ABSENT ABSTAINED VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:08 P.M. A. I. a) Council Member Watford moved to read by title only, proposed Ordinance No.1021, regarding Petition No. 08-002-R, submitted by Steven Ramunni on behalf of Mary Ann Newcomer, 701 West North Park Street, to re -zone from Central Business District (CBD) to Industrial (IND), (Exhibit 1); seconded by Council Member C. Williams. b) Vote on motion to read by title only. YEA NO ABSENT ABSTAINED KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. c) City Attorney to read proposed Ordinance No.1021 by title only. "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE 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. " 2. a) Council Member Watford moved to adopt Ordinance No. 1021 (Planning Board and Planning Staff are recommending denial); seconded by Council Member C. Williams. b) Public comments and discussion. Staff was given the floor, Bill Brisson City Planning Consultant. This ordinance pertains to Rezoning Petition No. 08-002-R submitted by Steven Ramunni, on behalf of the property owner(s), Mary Ann Newcomer, for property located at 701 WN Park St. The request is to change the rezoning designation from CBD to IND. The Planning Board reviewed the application at their April 17, 2008 meeting and voted unanimously that the application was inconsistent with the Comprehensive Plan. They are recommending the City Council deny the application. The applicant was denied a small scale future land use map amendment on where the application to change the future land use map for the same property from commercial to industrial. Granting the rezoning would create an in -consistency within the two maps and the order of processing these types of changes is the obtain the future land use designation prior to granting the rezoning. The Planning Staff Report findings are that the petition is not consistent with the comprehensive plan. The proposed use being applied for is specifically authorized under the zoning district. However, there is a moratorium on building permits for billboards. The proposed use will have an adverse effect on the public interest. The use is not appropriate for the location. It is not reasonably compatible with adjacent land uses and could be detrimental to the land use pattern desired for the area. The proposed use could prove to adversely affect property values or living conditions or be a deterrent to the improvement or development of adjacent property. It may not be possible to suitably buffer all the industrial uses that would be permissible on the property. It is not expected that the rezoning would likely result in development that would overburden public facilities, nor create excessive traffic congestion, flooding or drainage problems or otherwise affect public safety. The property is not inordinately burdened by unnecessary restrictions. Rather, it has been subject only to restrictions imposed on other similarly zoning properties in the area. Attorney Ramunni, PO box 1118, LaBelle, Florida, represent the applicant who owns the property it is currently a commercial use and industrial use under permitted uses, several over lapping of the same uses, industrial uses that are not on the overlapping types that are the key issues for them to be compatible uses. Have a few questions for the planner. 1. City map is wrong with regard to the zoning since the property immediately to the west is not on the maps and is an abandoned railroad. Would open the flood gates to additional Is it true the city map omits the parcels to the west? Yes. It is also true the Is it also true ... ? I have seen no evidence to that. Is it true? I have not received any information from the applicant to study any of that. Hypothetically, speak to compatibility? Only to that adjacent parcel but not surrounding property. Buffer possible .... not only thing to be looked at. May be adequate for some of the uses, but not all the uses allowed Summation, without correct city maps to go with and assumption for the planner for the city council anyone to argue pro or con with compatibility, there are industrial uses to the west of the parcel and arguable to the west the parcel exist and should be Dowling, parcel you keep harping on is it uses as industrial? Its vacant and not used. Parcels to the south?? Those are vacant and not being uses as industrial. LM ones to the north active industrial? No those are vacant and not being used as industrial uses. Ramunni - Lowry - DW - just because is not code on the map we have some other areas that don't' have a color either and I certainly appreciate the attorney's argument. This area has evolved over a period of 50 years just like many other have evolved, 2 blocks from city hall use to be a salt mill and a dairy farm, those uses have changed for this area, don't' think anyone that with the area of the parks no planner could find industrial property would be compatible. Factors presented from planner, planning board and it being contrary to the comp plan. You cannot rezoning property that is contrary to the future land use is elementary, no way the council could rezoning this, no other factor in involved that would stop it from being rezoned. DW do we just vote ? Voting no means against the motion to approve. (Procedure discussion with attorney cook) C) Vote on motion. YEA NO ABSENT ABSTAINED KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: DENIED. WATFORD MOVE THE APPLICATION FOR REZONING & ORD BASED ON THE RECOMMENDATION PLANNING STAFF AND BOARD CONTRARY TO COMP PLAN ADVERSE EFFECT ON PUBLIC INTEREST AND ADVERSE EFFECT ON PROPERTY VALUES AND THE USE THE NOT APPROPRIATE FOR THIS LOCATION; SECOND MARKHAM YEA NO ABSENT ABSTAINED KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. B. I. a) Council Member Watford moved to read by title only, proposed Ordinance No. 1023, regarding Petition No. 08-004-R, submitted by Jeff Acuff, on behatlf of property owner Visiting Nurse Association of Florida, Inc., to re -zone from Residential Multiple Family (RMF) to Commercial Professional Office (CPO) - City Planning Consultant (Exhibit 2); seconded by Council Member C. Williams. b) Vote on motion to read by title only. YEA NO ABSENT ABSTAINED KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. C) City Attorney to 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 FA1 MIL Y (RMF) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. " 2. a) Council Member Markham moved to adopt Ordinance No. 1023; seconded by Council Member C. Williams. b) Public comments and discussion. Bill Brisson - The ordinance pertains to rezoning petition (No. 08-004-R) submitted by the Project Manager, Jeb 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 2nd 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 2nd 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, 2008 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. They have not applied for a special exception? No. Jeb - turned in application yesterday. Dowling, applicant is here, lot of people and issues, remember about parking, be sure you remember, and I have my architect working on that. Yes I remember. Wanted to be sure you remember that. Appreciate applicant requesting CPO and not nearly as intensive and I can't think of a place that we've allowed a CPO that there was a problem created. c) Vote on motion. YEA NO ABSENT ABSTAINED KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:52 P.M. VIII. UNFINISHED BUSINESS. A. 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 June 3, 2008 to allow time for a Draft Developers Agreement to be presented) - City Administrator (Exhibit 3). JC substantially complies with the FS requirements. Answers are probably in the site plan, and I will review those. The applicant is here. Describes property being 14 acres, only 6 lots, does that incorp the entire 14 acres? Yes and the 2 lakes and right of way to be dedicated. Time period to obtain permits could be done in 24 months? Yes. DW the memo from Oscar about NE 12" Avenue? That will be dedicated to the city Yes and sidewalks will be included? Yes. Wanting to be on record that 121h street with be dedicated to the city. CW - Think there needs to be sidewalks on both sides of the street. Okeechobee has gotten big enough for that might need to address that in the ordinance. BW - TRC discussed at length, but the agreement came when the developer agreed to extend the right of way to the north for future growth to another parcel. Applicant - intense you then TRC might readdress those. Vote on motion. YEA NO ABSENT ABSTAINED KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. B. Discussion pertaining to the Train Depot - Council Member Watford. Email from Whitehall, everyone got copy, assume this is good news? Willing to donate the building, assume that means were back in discussion phase. Lori needs more solid commitment, I've been led to believe Amtrak willing to put up money. I need the commitment from Amtrak in writing to give to CSX. The city also had questions that need to be answered. Have it on record and letters are much better to give a paper trail that we want to pursue this and time is of the essence and the city needs to be the one who pursues this since we are the one's who will be assuming ownership. Maureen - letters to board of directors, requesting a knowledgeable CSX representative, for a meeting with city county historical society to go through the building, main streets commitment, construction manager at not charge from Elbert batton, walpole offer with the land swap. Sent pictures and how our people have to meet. Articles in the news papers, speak out Thomas Dennis, Amtrak, has been trying to contact Lori B he's preparing something in writing for us. He's the director of governmental affairs. He will be here at the meetings with CSX, great American, for the restoration effort he thought Amtrak would BW - Lori spoke highly of Amtrak and brought a different light onto the entire project. Maureen - received a lot of calls from having it on the news. LM if we can get the letters to verify all the conversations and the city can get the commitment in writing we're will ign to take over and need to have all in place and be the last ones to say yes. Jeff Jones, can see the freight end, ABS is going to have to relocate Dowling - come up with some type of moratorium for demo permits for buildings over 50 years old until this can be resolved. Something we should consider? JC we can do that I can't guarantee the effectiveness of it. If we don't have anything in place there is nothing we can do. Not trying to get into it with CSX understand the business decision they are making but they if they are concerned with the liability and the city has said they will assume it then that should relieve them. Think we should do the moratorium just as a safety net. I've move to put a moratorium on demo permits for any structure that is 50 years or over until we can establish Resolution Vote on motion. YEA NO ABSENT ABSTAINED KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. IX. NEW BUSINESS. A. 1. a) council Member Watford moved to read by title only, and set July 1, 2008 as a final public hearing date for proposed Ordinance No. 1024, 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 Attorney (Exhibit 4); seconded by Council Member C. Williams. b) Vote on motion to read by title only and set final public hearing date. KIRK YEA NO ABSENT ABSTAINED MARKHAM X X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. 0 City Attorney to read proposed Ordinance No. 1024 by title only as follows: `AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 46, FIRST ADDITION TO SOUTH OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 17 OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.,, 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 1024; seconded by Council Member L. Williams. b) Discussion. LM this is the half of the alley due to the property owner being involved. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. B. Consider "National Day of the Cowboy" event - Maureen Burroughs, Okeechobee Main Street. 2"d annual national day of the cowboy, operate same as last year, cattlemen association handling the drive. July 26. 41' sat of July. Pete is going to be the trail boss. Cattlemen association members only and have to apply to be on the drive. DW event was great last year, ranch rodeo same type of events, turned this into something more, competition in the state rodeo. DW move to approve national day of rodeo even; second LM. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. X. MAYOR KIRK ADJOURNED THE MEETING AT 7:28 P.M. CITY OF OKEECHOBEE - JUNE 3, 2008 - REGULAR CITY COUNCIL MEETING HANDWRITTEN MINUTES BY , I. CALL TO ORDER - Mayor: June 3, 2008 City Council Regular Meeting, p.m. II. OPENING CEREMONIES: Invocation Reverend Tom Pasquarella, Cornerstone Baptist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk PRESENT ABSENT Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams ✓ City Administrator Brian Whitehall City Attorney John R. Cook / City Clerk Lane Gamiotea ✓ Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS. A. Preseq# Adam Crum with a Five -Year Service Award. i B. Proclaim June 13, 200 as "Gene O'Neill Day." 'L �4 V. MINUTES - City Clerk. A. Council Member k'q�_&,oved to dispense with the readin a of Council Action for the May 20, 2008 Regular Meeting; seconded by ,prove the Summary VOTE: YEA NO `2D eal tic, ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS ARRI / DENIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. : C A.1. a) Council Member moved to read by title only, proposed Ordinance No. 1021, regarding Petition No. 08-00 .submitted by_Steven Ramunni on behalf of 01 West North Park Street, to re -zone fro Central Business District (CBD) to Industrial al ND Ann Newcomer, bit 1), seconded by Council Member- f,. _ _ �ku� ( ), (Exhibit by Vote-ori motion to -read by title only. YEA NO ABSENT ABSTAINED .. _.KIRK _ _ MARKHAM WATFORD C. WILLIAMS_ L. WILLIAMS c) Crty Attemey to read proposed Ordinance No.1D21 by -title only. "AN ORDINANCE OF THE CITY OF KEECHOBEE, 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 (ND) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, - SEVERABILITY AND AN EFFECTIVE DATE." _ 2• a) Council Member 1 , moved; to adopt Ordinance No. 1021 Planning Board and Planning Staff are recomr0nding denial), seconded by Council Member b) Public comments and discussion. This ordinance Re -zoning. pertains A Rez w Petition No.-08=0002-R submitted by Steven Ramunni, on behalf of the property owner(s), Mary Ann Newcomer, for property located at 701 WN Park St. The request is to change the -rezoning designation from CBD to ND. The Planning Board reviewed the application at their April 17, 2008 meeting and voted unanimously that the -- application was inconsistent with the Comprehensive Plan. They are recommending the City Council deny the application. g The Planning Staff Report findings are that the petition is not consistent with the comprehensive proposed use being applied for is specifically authorized under the zoning district. However, there sha moratorium on building_ permits for billboards. The proposed -use will have an adverse -effect on the public _ . interest. The use is not app p ro riate for the location. It is not reasonably compatible with adjacent land uses and ---- could be detrimental to the _land -use-pattern desired for the area. The Proposuse o adversely affect property values or living conditions or be a deterrent to the improveement or d el op entprovetof adjacent _ property. It may not be possible to suitably -buffer all the industrial uses that would be permissible on the property. It is not expected that the rezoning would likely result in development that would overburden public facilities, nor create excessive traffic congestion, flooding or drainage problems or otherwise affect public safety. The property is not inordinately burdened by -unnecessary restrictions. Rather, it has been subject onl to restrictions imposed on other similarly zoning properties in the area. y �) U/ote on motion. YEA N0 KIRK ABSENT ABSTAINED _ MARKHAM WATFORD C. WILLIAMS L. WILLIAMS CARRIED / CENIED.D a ---- — --- --- ---------- t? Ls T7 7k7ll U �-bk l Ilk. ' I �- ��`- lL4 d. tic 1ipk4 Ab J. x_Gvfc� /tl� l '.i G L�� B.1. a) Council Member moved to read by title only, proposed Ordinance No. 1023 regarding Petition No. 08-00 j.R, submitted by Jeff Acuff, on behalf of property owner Visiting Nurse Association of Florida, Inc., to re -zone from Residential Multiple Family (RMF) to Commercial Profe sional Office (CPO) - City Planning Consultant (Exhibit 2); seconded by Council Member c b) Vote on motion to read by title only. KIRK YEA NO ABSENT ABSTAINED MARKHAM WATFORD C. WILLIAMS L. WILLIAMS LARRIEDDENIED. c) City Attorney to 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 TffE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, DATE.SEVERABILITY AND AN EFFECTIVE " 2. a) Council Membjr C€� Member moved to adopt Ordinance No. 1023; seconded by Council .. ��,�� b) Public comments and discussion. The ordinance pertains to rezonin behalf of the ro g Petition (No. 08-004-R) submitted by the Project Manager, Jeb Acuff on p perty 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 p - existing office. The p roerty is vacant, and is located in the 200-�d block of Southeast 2 Street. In a- existing to the VNA office complex, also directly North is the_Doctor's Clinic; to the East is the American Legion Hall; across 2nd 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, 2008 meeting. The petition has met the criteria to be consistent with the Comprehensive_ Plan without over public facilities, traffic or surrounding properties. Both are recommending approval of the rezoning. There were two surroundin property owners who stated their objections. g 's o E.A& t 't(milJ, Vote on motion. YEA NO ABSENT ABSTAINED KIRK --- -. MARKHAM WATFORD C. WILLIAMS L. WILLIAMS v RRIED `DENIED. �-� �- 3� - c�lyt — I l,� \ � � r.� ,;tom ,�c� It CLOSE PUBLIC HEARING AT S P.M. VIII. UNFINISHED BUSINESS. A. Discussion for motion to approve the Preliminary Plat for Park Street Business Center made by me for Council Members Watford and L. Williams. (Action was postponed until June 3, 2008 a Draft Developers Agreement to be presented) - City Administrator (Exhibit 3). w Nkc �, k# V 1- - ci n� 9 Vote on motion. YEA NO ABSENT ABSTAINED; KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS CAED / NIED. r i B. Discussion pertaining to the Train Depot - Council Member Watford. C � w1i �� IX. NEW BUSINESS. j _ . A. 1. a) council Member._ moved to read by title only, and set July 1, 2008 as a final public hearing date for Pr sed-Ort kwCe-No_ 1D24T Alley Cios' Brad Goodbread, closing North to South alleyway between Lots 1 through 3 d 7 thrrooug g Block st Addition 10 South Ok ee - C'y Attorney (Exhibit 4Y, seeorrded by-COun Member b)_ Vote on motion to read by title only and set final Public hearing date. YEA NO ABSENT ABSTAINED KIRK_._. MARKHAM - WATFORp C. WILLIAMS _ _L:fiNtttIA1GIS_ _ _ _ JCARRIED / ENIED. _ City--Attorney.10 read proposed.Qrdinance No.__1024 by title _only- as follows: `%�NDRD/NANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESC RIB,SIONED REINr-WITHIN-BLIOCK 46 -FIRST ADDIT.ION-TO--SOUTH-AKEECHOSEE RECORDED /N PLAT BOOK 1, PAGE 17 OF THE PUBLIC RECORDS FOR 0 EV ' �4S £flUNTi;ftORIDA; ,4NDiilR�T1NG-THE-CITYCtfRK T$ CHOBEE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT© ND F- OpI(l EEC E COUNT};-FL-ORIDA-PROVIOINGFOR AN EFFECTIVE DA 1 E." - 2. a) Council Member m jv to approve the first reading of proposed Ordinance No-1024; seconded by CouncilMembernr , b) Discussion. C)__ Vote ..on -don. KIRK MARKHAM WATFORD YEA_- NO ABSENT - ABSTAINED . WILLIAMS L. WILLIAMS CARR__ IEp DENIED. _ B. Consider "National Day of the Cowboy" event - Maureen Burroughs, Okeechobee Main Street. 7" (10�1_11mt�-Zl A6 Y 1, 1, - X ADJOURN MEETING. 7 —L—iP:1VI: 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 consid-erect-at this proceeding such interested person wilf need a record ofthe 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: CITY OF OKEECHOBEE JUNE 31 2008 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA CALL TO ORDER - Mayor: June 3, 2008, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Rev. Tom Pasquarella, Cornerstone Baptist Church; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Present Adam Crum with a Five -Year Service Award. B. Proclaim June 13, 2008 as "Gene O'Neill Day.,, PAGE 10F 3 V. VI. VII. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the May 20, 2008 City Council Regular Meeting. AGENDA - Mayor. e9 A. Requests for the addition, deferral or withdrawal of items on today's agenda. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only, proposed Ordinance No. 1021, regarding Petition No. 08-002-R, submitted by Steven Ramun ni on behalfNewcomer, 701 West North Park Street, to re -zone from Central Business District (CBD) to Industrial (IND) - City PlanningConsultant (Ex of Mary Ann t (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1021 by title only. 2.a) Motion to adopt Ordinance No. 1021. b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to read by title only, proposed Ordinance No. 1023, regarding Petition No. 08-004-R, submitted by Jeff Acuff, on behalf of Nurse Association of Florida, Inc., to re zone from Residential Multiple Family (RMF) to Commercial Professional Office (CPO) City Planning o Visiting (Exhibit 2). ) ty Planning Consultant b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1023 by title only. 2.a) Motion to adopt Ordinance No. 1023. b) Public comments and discussion. June 3. 2008 Per,F 7 nc l VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED • Mayor. 2.c) Vote on motion. CLOSE PUBLIC HEARING. Vill. UNFINISHED BUSINESS. A. Discussion for motion to approve the Preliminary Plat for Park Street Business Center made by Council Members Postponed until June 3, 2008 to allow time for a Draft Developers Agreement to be presented) - City Administrator E hibit 3), L Williams. (Action was B. Discussion pertaining to the Train Depot - Council Member Watford. IX. NEW BUSINESS. A.1.a) Motion to read by title only and set July 1, 2008 as a final public hearing date for proposed Ordinance No. 1024, Alley CI by Brad Goodbread, closing North to South alleyway between Lots 1 through 3 and 7 through 9 of Block 46, First Addition to South a ch submitted Attorney (Exhibit 4). to South Okeechobee -City b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1024 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1024. b) Discussion. c) Vote on motion. B. Consider "National Day of the Cowboy" event - Maureen Burroughs, Okeechobee Main Street. X. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that if an Proceedings, and for such purpose may need to ensure person e verbatim rres to ecord oPt�he proceedingal any swh which madebecord includes the testimony the City Council with y and evidence upon whicct to any matter h considered proceeding, such interested person will need a record of the of backup for official records of the Clerk. appeal is to be based. City Clerk media are for the sole purpose DUNE 3, 2008 PAGE 3 OF 3 Presen�eJ To n Appreciation for Your 5 Years of t�ard \Y%ork and Declication vrrA tine City of OkeecIobpe June 11, 2003 tErougE June, � I, 2008 Service is lifeblood of any organization. C—ver4Aing flows from it and is nour4ed 6 it. ie City anti Your -F—ellow Citizens nave -Penef itteJ Greatly by Your Performance. presented tks 3rd day of June, 2008 James a.1Tbk' 6 EWIP G GRG, G!t G[Wk � . �ce - fi3 o�eechobee Won0a I.� .., Y� AREAS Gene O'Neill has continued to serve the City of Okeechobee°u rp f• nselfi` ' xrteet>tie needs of the citizens for thirty-one years; and L�EASGene O'Neill was employed.: with the City of Okeechobee for iwenty where he served as Patrolman, Investigator, Detective and Detective Sergeant; EREAS, Gene O'Neill was Director of Emergency Management or'elev n ' ti f e -years preparing the entire community of Okeechobee for disasters through elucatofal ,. , seminars,• coordinating mock disaster simulations and opening the in obi communications between all Federal, State and Local GovernmentalAgrtczes;,and< 1 Gene O'Neill as Director of Emergency Management su assed t xcal � h-� . l of duly during the Hurricane Seasons of 2004 and 2005, keeping Qkeechobee�? informed; response teams ready and supplies available for the citizens chobee ; K �OT-IT THEREFORE I, James E. Kirk, by virtue of the authori ty, Wsted ;an me as ` Mayor of the City of Okeechobee, Florida, do hereby proclaim June. 1_ 2 , as GENEO'NEILLDAthe City of Okeechobee. 4 In witness whereof hav e')w� ,i nto set hand and caused this salb;be°tiix I 5i.f r James, E. 1 Kok, Attest: Lane Gamrotea,it kn �, .lJate hire,; •, �- •.r - .* ,� Y 1+. i`Ssi� .� '4�Y fT �J y.r � 4�K-'Y.Y�r1f�R%�Cf The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of adverticP_ ment, being a r �� in the matter of Fj A CITY ORDINANCE PLEASE SAKE NOTICE that the City Council of the City of r Tuesday, June 3,2DO8 at 6:00 p.m. or as soon thereat i SE 3" Ave., Okeechobee, FL conduct a PUBLIC HEAR THE 1 The Ordinance is regarding Rezoning Petition No. 08-002-R, submitted by Ste- ven Ramunni, Attorney, on behalf of property owner(s) Mary Ann Newcomer. The petition is to change the zoning district from CBD to IND for property located in the 191h Judicial District of the Circuit Court of OkeechoE at 7Df West North Park Street, and is approximately 0.642 acre(s). All members of the public are encouraged to attend and participate in said County, Florida, was published in said newspaper hearing. Tie proposed Ordinance may be inspected in its entirely by members of of in the issi the public in the Office Off the City Clerk dunng regular' business hours, Mon-M,, 8am-4:30pm, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this hearing, such interested person will need a record of the; pro' di slid fa such purpdse may need to ensure a verbatlm rec ird,of . he1 proceedings is made which record includes the testimony and av'rdenc"e'ubon which the appeal is to be based. City Clerk media are for the sole purpose ortiackup for pifieiat records of the Clerk . In accordance with the Americans with Disability Act (ADA) and Ronda Stat- utes 286 26 persons 4 disabillties needirg special accommodabdn to pardci Affiartt further says that the said Okeechobee NewL275263 pate in d proceeding should contact 8Lane 3 e ' amiotea no, li�heathao two ng days nor to the pproceedi g a newspaper published at Okeechobee, in said Okeechooice impaired, rail TDD 1.800 955 8770 (voice) or'1-800=955 8771 (TIY) County, Florida, and that said newspaper has heretofore b s GaN 5123, 8 CfTYCLERK ON 5l23/08 published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. i Sworq to/and 91it5scribed before me this , day of r A.D. 20+ 2o"' 1�a^ Janetta Thiboult r = , Commission # DD505311 nv" Expires January 10, 2010 Notary Public, State of Florida at Large •3enaeti Tro Faro insurance. Inc 800.3e3•7019 C Jill, SXNMMIT N0. 3 MAY 6' - F/RST RFADING 7 "WRIT NO, ._J_414"By -FINAL ORDINANCE NO. 1021 JLC tilC 3 /{N 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 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)L 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 1r)consistent 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 I. 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 i of 2 I SECTION 2. ZONING MAP AMENDMENT. r That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to to be changed from Commercial reflect the subject property zoning classification Business District (CBD) Zoning District to Industrial (IND) Zoning District. T4e- EuturG ,. is 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 bte 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 6t6 day of May, 2008. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk� PASSED AND ADOPTED after :Second and Final Public Hearing thisday of Il�a_Y, 2008. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 Ordinance No.1021 -` City of Okeechobee Date: General. Services Department ]FeePaid: 56D . 6U 55 S.E. 3' Avenue, Room 101 istHearing N> 09 Okeechobee; Florida 34974-2903' Phone: (863) 763-3372, exL 218 PtiblicatioiiDates: Fax (863 763-1686 Notices Mailed. Uniform Land Use Application Ra_znne • *F..-rpp"+inn • V-m* i; l -R Petition No. D 2ndHearing "1161 1 /D ✓ Nameofproperty owner(s): /'1 rl ary Q11Y!%lGU)COi'N2Y— A P Owner mailing address: 7 P " L Name of applicants) "if other than owner (state relationship): rnj I Applicant mailing address ( X �) 8� je FL.a39.75 C . A N Name of contact person (state.relationship): n5 LIJ. Contact person daytime hone(s): Nob _G-7 5 — Fax: 3"-115_ ✓ Property address-1 directions to property: "7 b) SW -Par K �'-Ti eQ to FL Indicate current use of property: Cbr.,rr, r _ Y r Describe improvements on property, including number/type of dwellings and whether occupied cif none, so state): Approximate number of acres: Is property in a platted subdivision? p R Is there a current or recent use of the propem; that isrtias a violation of county ordinance? If so, describe: etc O ` P E.•: Have there been any land use applications concerning all or art of this property in the last y ar? Jf so, indicate ate, nature and applicant's name: ' C / Q _ i R Is a sale subject to this application be g granted? T Y Is the subject parcel your total holdings at that location? Ifnot, describe the remaining or intended uses: Describe adjoining land uses / improvements to the North: C 6 D " TN O South: C B D 4 rMC) East: -PU-B West: CN V Existing zoning: C5D Future Land Use classification: Cvmmerc►0- Actions Requested: C�6 Rezone (_) Special Exception Variance Parcel Identification Number: ?— — M- _B000 ✓ Confirmation of .Information Accuracy ereby certify at the information in this application is correct" The information included in this application is for use by the City of Ok i chobee in processing my request" False or misleading information may be punishable by a fine of up to _S5_0D_00- d risonment of up to 30 days and may result in the surrimary denial of this application" j/ 7 Sig atur Printed Tame Date Unifon-n Land Use Application (rev. iiG3� Page I of 2 Current zoning classification: C 5 D Requested zoning classification : ZAI R E What is your desired permitted use under the proposed classification: CO nVWiene& Sore, - bri ve" 131 i lb"ca.r4 O. rI If granted, will the mew zone be-contiguous'with a Re zone? yes E Is a Special Exception.necessary for your intended use? �� Variance? No Describe the Special Exception sought: . S p E C I Provide specific LDR ordinance citation: A L Are there other similar uses in the area? R so, describe: E X C E Why would granting your request be in the best interest of the area and residents? P T I D If business. briefly describe nature including number of employees. hours. noise generation and activities to be N conducted outside of a building: Describe Variance sought: V A R Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? Uniform Land Use Application trey W03? Paae 2 of 2 �WD. �- Printed for lovvyers'•Tltfe Guaranty FWD: d, 01110ndo, Redda This Instrvtnent was prepond by,. PAUL IL STANTON, ESIL WECLISCH AND METZGER, PJL �sA��ded CoSgr an(STATUTDIF fDW-SECTDA 66P,02 F.S.) °"' FDA ssssa (14b.3nbtraw. Mods this 4 day of sjanuary 19 88 . fewrtn JOHN A. SMITH. JOHN R. BROOKS and WILLIAM J. VACHON, As Tenants in Common of the County of ' ' Okeechobee , Stott of Florida , groritor! and. TEARY ANN NEWCOMER whose post offia address Is p. D: Box 1537, Okeechobee, FL 34973 Of OW County of . Okeechobee ,Stole of Florida , grtiafes! WWWWStth, That sold grantor, for and. In-=WderoHan of the was of Ten and 00/100 ($10,00)-------- .. - - ----^--- -- -------^—Dollars, . and other good and .valuable 'conslderollons to sold grantor in hand paid by said prontse, the. receipt whereof is hereby orinowledged, has granted, bargained and sold to the said granite, and gronloWs heirs and assigns forever, the following de' bed land, situate, lying and being in Okeechobee County, Florida, to -wit. ti Beginning at the SE Corner of Bloek 161, TOWN OF OKEECHOBER, according to, plat ' thereof recorded in Plat Book 2, Page 17, Public Ucords of St. Lucie County, s"' P Florida, and ritn thence South 70 feet to. South line of North Park Street for the. point of be innin run thence South 150' to intersection with North line of t►�� 5otith Park Street; run thence West along said North line 200 feet to intersection -t- 'nowI with East line of former but nabandoned FEC RR; run thence North along said !L" right of way-150 feet to intersection with South line of North. Park Street. ig- � 'j: aforesaid; run thence East along said South line 2OD'feet to Point of Beginnin said land lying in and comprising part of E 1/2 of SW 1/4 of Section-16., and NE 1/4 of NE 1/4 of NW 1/4 of Section 21, Township 37 South, Range 35 East. This is commercial property and is riot the Homestead property of any of the Grantors. wtt� Subject to: J �!a ,.;.•_;:j 1. Taxes for the year 1988 and subsequent years; 2. Conditions, restrictions, reservations, limitations and easements of record; 13. Applicable zoning ordinances, regulations and other restrictions imposed by governmental authorities. a sold grantor does hereby fully warrant the title to said land, and will defend the some against the lawful claims of oil persons whomsoever. ' "Gfantor" and "groat"" are used for singular or -plural, as context requires. .3n lcoUmss Yrihrrrnf. .Grantor has hereunto ur gromors:boadr ti seal the�YeorrivenSign d sealed and delivered in our reuncIn J S (seap FItED FGR RECO_P,O ntrCCrltf)^. _ ,, [Sean R C t 4 7 � D �y�n s LL J. VACHOH [Sean a J { 't GLOW i GflQn [Sean STATE OF FLORIDA :! f:RK OF GIRCUIi 1:OEI COUNTY OF OKEECHOBEE 1 HEREBY CERTIFY that on this day before me, on oflicer duty 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 ochnuwlpdged before me that t he yexecufed the some. WITNESS my hand and official seat in the County and State lost aforesaid this 4 day of . 'Janj ry �: r 19 88 My commission expires. 5�3 ! Jp 4 —"- y _ - . Notay RuW = s.i, r s•,WIT AYMAVIT STATE OF FLORIDA COUNTY OF OKEECHOBTE 1, Mary Ann Newcomer Tuten a/kla Mary Ann Newcomer, Affia-at state the following: 1. That I am hereby. the owner of the property located at 701 SW Park Street, -Okeechobee, Florida, also' particularly described as -follows: Beginning at the eechobee -Southeast comer of.Block 161, Twn'oPiabfi Records according to plat thereof recorded in Plat Book 2, Page c or Lucie County, Florida; and run thence South 70 feet to South line of St.nun thence South 150 feet to . North Park Street for the point of Beginning; run thence West along intersection with North line of South onPark ;e - of former but now said North line 200 feet to inters . t-o f Way 110 feet to R; abandoned FEC Rrun. thence North along said right intersection with South line of North Park Street aforesaid;sid land lying in and along said South line 20U feet to Point of'Bege Sou; uarter of compromising part of - East _ one-half of the Southwest one -quarter. carter of the Northeast one -quarter of e 35 Section 16, and the Northeast- one-q 37 South, Rang the Northwest one -quarter of Section 21.,Township East. Less and except: Additional D_O.T. Road right-of-way on S.R. 70. Esq. is authorized to act on my behalf 2 That Steven A. h2amunm, _ affidavit and concerning the rezoning application submitted contemphereously with my he is further authorized to appear at all public hearings Under enalties of perjury, I declare that I have read the foregoing affidavit and Un - p the facts stated in it are true. y �WCOME TUTEN, AFFIANT STATE OF FLORIDA COUNTY OF OKEECHOBEE i ; �ay of August, 2007. Mary Ann - Sworn to and subscribed before me this produced Newcomer Tuten is personally known to me or hasp an oath. as identification and did NOTARY pUj IUC-STATE OF FLOWDA ' `' Lisa Pace Ty PUBLIC OOmmission # DD549434 ; 007 IJiy Comm- Expos: 12/20/2 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. 07-013-SSA, submitted by Steven Ramunni on behalf of propertyowner 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 J 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 BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 4 OF 6 Mary Ann Tuten, formerly Mary Ann Newcomer, owner of the property, said my property. has always been Commercial. She stated she does not want to change her property from Commercial.to Industrial. All 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 9 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. D.1, a) Motion to read by title only proposed Ordinance No,1004, Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-01MSA, 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. DECEMBER 4, 2007 - REauLAR MEETING - PA6E 11 OF 18 8. The proposed use will not create traffic congestion, flooding or drainage problems, orotherwise 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 Tern Watford asked whether there were any questions or comments from the public? There were none. The only comment from the Council was that this basically is to clean-up a problem that was created when the new land development regulations were adopted. The existing use was permitted to remain, although the type of zoning that was previously designated CII was changed to CLT. However, upon sale of the property, bringing all codes up to date was triggered, causing the rezoning. KIRK - ABSENT MARKHAM -YEA WATFORD -YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member L. Williams moved to read by the 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. c) City Attorney to read proposed Ordinance No.1004 by title only, Attorney Cook read proposed Ordinance No.1004 by title only."ANORDINANCEOFTHECRYOFOKEECHOBE� FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BYREWSING THEFUWRELANDUSEMAPONA CERTAIN TRACTOFLANDMOREPARTICULARLY DESCRIBEDHEREINFROMCOMMERCIAL TOINDUSTRIAL; PROWDINGFORINCLUSIONOFORDINANCEAND REVISED FUTURELAND USEMAPINTHECOMPREHENSIVEPLAN; PROWDINGFORANEFFECTIVEDATE" VII, PUBLIC HEARING CONTINUED, D. 2. a) Motion to adopt proposed Ordinance No.1004. b) Public discussion and comments. DECEMBER 4, 2007 • REGULAR MEETING • PAGE 12 of 18 Council Member Markham moved to adopt proposed Ordinance No.1004; seconded by Council MemberC. William; The Planning Board reviewed the land use application at their November 15, 2007 meeting and voted unanimorut to find the request in -consistent with the Comprehensive Plan. Both the Planning Board and.Plann.ng Staff an recommending denial of the land use change. Mr. Britton reviewed Planning Staff Report findings as follows: The Applicant is requesting a Future land Use Map Amendment to Industrial and will subsequently apply for a rezoning to Industrial to allow an off -premises sign to be constructed on. the property. The subject properly is located in the wester part of the North West Park Street Okla 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 possibilityformanufacturing 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 Goad 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 C4 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 ises in close proximity to commercial uses, Staff does not believe that the Insertion of the potential forheavy industrial it the perimeter of the City's CBD is good planning and Is incompatible with the predominantly commercial character rf the SR 70 condor 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) Vote on motion, DECEMBER 4, 2007 • REGULAR MEETING • PAGE 13 of 18 ). Pattern of current land use and zoning designations. The City has treated abandoned railroad rights -of -Way in the deneralvicinity of the subject property in an inconsistent mannerwith regard to assigningfuture land use designations. n 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 appli�. 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 denial of the requested amendment. Attomey Steven Ramunni, Post Office Box 1118, Labelle, Florida addressed the Council on behalf of the properly owner, by offering a brief summary of the issues with this application and a previous building permit that was fouk to be issued in error. In attendance with Attorney Ramunni was a Planning Consultant, Mr. Stephen P'aado, who gave a summary of why he believes the land use change would be consistent with the City's Comprehensive Plan an( 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 th findings based in the Planning Staff Report are substantial, Application No.07-013-SSAwas found notconsistentwit the Comprehensive Plan, as specifically noted in the Planning Staff Report. Therefore the vote was as follows: KIRK • ABSENT C. WILuAMs - No MARKHAM•No L. WILLIAMS • No WATFGRD • No Mom DENIED. GURVEYOR f IO fE6 i. Bearin�s shown are relative a3guelnAp N87'24 16'E along New S R/W Line N.Park, 2. This survey Is based on Information provided by the customer/agent and no search was Wade of public records by i this office to verify or deny owners, easements, or right-of;'ways, 3. No visible or undergroUnd lapPovement has been located except as shown. 4. This survey Is not valid ggwithout raisedgsealrofaadFlorlda�licensed Surveyor and Mapper. 5. According to FIRM map dated.210411981 Panel 0 120177 0175B, parcel Iles In Not Included Area of City Limits; Flood Zone C, per Okeechobee County Planning S 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 6 J;Z+ EY C p D. R. BOOK 292, PAGE 539, BEGINNING AT THE 5E pqCORNER OF BLOCK 161, THEREOF RECORDEDEIN PLATRBOOK P� PAGE Q 17, PUBLIC RECORDS OF ST.LUCIE COUNTY, FLORIDA, AND RUN THENCE SOUTH 70 FEET 7 POINT OFNE OF BEGINNING; RUNTH KTHENCCE SFOR OUTHTNEP 15D' TO INTERSECTION NITH' NORTH LINE OF SOUTH PARK STREET; RUN -THENCE WEST ALONG '3 WITH'EASTHLINEEOFDF00RMER.BUTINOMRABAN . DONED 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 SOUTNINGH SANE 200 D LANDFEET LYING0INOINT OF AND COMPRISING PARANDTNEF1141OF NE 1/42 OF SW 1OF NN 1147OF SEC- TION 21, TOWNSHIP 37 SOUTH,' RANGE 35 EAST. LESS AND EXCEPT: ADDITIONAL D.O.T.ROAD R/W ON S.R.7D. . R 70 - tMTH PARK 6TREET 70'R/W - ASPHALT -. NO MEDIAN.. r 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6394 Email: info@larue-planning.com sto Report Rezoning Request. Prepared for: City of Okeechobee A licant: Steven Ramunni, Esq. for Many Ann Newcomer pp From: CBD To: IND Petition No. 08-002-R Rezoning Request. HAPlicanu s. Hamunni for Newcomer Petition No.: 08-002-R Address: Phone Number: Owner. Owner Address: Steven Ramunni, Es . P.O. Box 1118 Labelle, FL 33975 863-675-4646, FAX: 863-675-4174 Mary Ann Newcomer P.O. Box 1537 Okeechobee, FL 3497' Future Land Use Ma ' • ' ' • Classification p Commercial Previous request for a . change to Industrial was denied and designation Zonin District CBD remains Commercial. Industriai Use of Property Commercial convenience Commercial convenience store (drive-thru) store (drive-thru) and Acreage billboard 0.642 0.642 Location: 701 SW Park Street Legal Description: Beginning at the Southeast corner of Block 161, Town of Okeechobee according to the plat thereof recorded in Plat Book 2, page 17, public Recor St. Lucie County, Florida, and run thence South 70 feet to South line of North Park Street of the Point of Beginning; run thence South 150 feet to intersection with North line of South pfor Street; run thence West along said North line 200 feet to intersection with East Iine of fo ark 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 compromisingto onealf of the Southwest one -quarter of Section 16, and the Northeast one-quarterof the Northea tt one -quarter of the Northwest one -quarter of Section 21, Township 37 South, Range 35, East. Less and e Additional DOT Road right-of-way on SR 70. except: The Applicant is requesting to rezone the subject property from allow an off -premises sign to be constructed on the property. CBD to Industrial to 1 Staff Report Rezoning Request North: Future Land Use Ma Classification: Zonin District: Rxistine Land Use: East: Future Land Use Map Classification: Zonis District: F.xistin� Land Use: South: Future Land Use M Zoning District: Fxistinp- Land Use: Applicant: S. Ramunni for Newcomer petition No.: 08-002-R ' Commercial CBD Rf---q, ant, car sales, and vacant is Facilities park Avenue Greenbelt Commercial CBD' furniture store West : Future Land Use Ma Classification. C� ercial Zonis District: Retail Existin Land Use: 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 consideration ofvacantthe p donned railroad right-of-way and, as discussed in detail during 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 Usdesignation �d°�equently denied by the ercial to Industrial, which request was recommended for denial by theg 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 � S � Viers the following that rezoning the coect mmentse� to Industrial would allow for the requirefindings. L The proposed use is not contrary to Comprehensive Plan requirements. No, the requested rezoning would be contrary to the City's Comprehensive Plan. ercial Rezoning the property to Industrial is not gesirtonertrt1�T�he Indus al zoninent of the g district land use designation presently applied to p P Y as prmtted uses in the permits uses that are neither listed nor a onsuch, reezdon ng eto Inndustrial wou d be Commercial Land Use Category and, 2 Staff Report Rezoning Request Applicant: S. Ramunnl 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. Tlie 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. C1 Staff Report Rezoning Request Applicant: 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 1" Public Hearing, Planning Board, March 20, 2008 11 IB M - m f ZONING �ao ("�/H Cf _ PUB RAf1 RSFI i.. 5 B1[LLIE JEAN REYNOLDS 744 S. W. 24'u Avenue Okeechobee, Florida 34974 March 18, 2008 City of Okeechobee Planning Board Okeechobee, Florida Re.: Rezoning Property at: 701 South West Pack Street This letter is to inform you of my objections of re -zoning the above property. The said property begins the downtown area and should not be zoned industrial. l own property at 107 South West la' Avenue. Billie Jean Reynolds March 13, 2008 Sarah Regina Hamrick Trustee PO Box 837 Okeechobee, F134973 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 ICBD} 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 APRrl17. 2008 PLANNING BOARDi om OFADJusTmENT AND APPEALs • PAGE 3 of 6 V. OPEN PUBLIC HEARING CONTINUED. A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 08.004-SSA Application will be forwarded in ordinance form fora final PubPrc Hearing on May 4 2008 III AppCcation will be forwarded In ordinance form for a final Public Hearing on May 6, 2008 before City Council before Cfiy Council. ConsiderRezoning Petitmn No. 08-0024Rsubmitted bySteven Ramunni, Consider Rezoning Peti4on No, OS-002-R submitted by Steven Ramunni, Esq. on behalf of property owner Mary Ann 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 located 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. approkdmetely0.642acres. Brief Legal; Block 161, Town of Okeechobee- Planning Consultant. Mr. Brisson 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 impact 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 zoning. The map error could be argued for commercial zoning, due to the surrounding zoning. Chair Ledferd InquiredViether there were any citizens who wished to addressed the Board. There were none. Board Member Maxwell moved to deny Rezoning Petition No. 0HU-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 charge the zoning from Central Business District (CBD) to Industrial (IND); seconded by Board Member Burroughs. V. OPEN PUBLIC HEARING CONTINUED. B. Consider Rezoning Petition No. 08-002 Appikk An will be brworded In ordinance form fore final Public Hearing on May 20, 2008 before Cif Councll, QUASI-JUDICIAL Consider a Special Exception Petition No. 084)05-.SE to allow a drive through service and outdoor sales and storage located within Heavy Commercial (CHV) Zoning District (ref. Code Book Sec. 90-283)(1)(5)) submitted by Rudd Joneson behalf ofproperty ownerLindaBridges. The subject property is located at 920 Northwest Park Street. Legal description: Lots 14 through 17, Blodk 163 and Is approximately 0.586 acre(s) - Planning Consultant. APeu.17, 2008 pm" Bu dBoArto of AD.1JSflIENT AND kpw -PAW 4 OF 6 VOTE LEDFERD-YEA HOOVER -ABSENT KELLER-YEA BURROUGHS-YEA CLOSE -ABSENT MAXWELL-YEA MCCOY-YEA MORGAN-ABSENT O'CONNOR-YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on May 20, 2008 before City Council Considera Special Exception Petition No. 08-005-SEto allow a drive through service and outdoorsales and storage located within Heavy Commercial (CHV) Zoning District (ref. Code Book Sec. 90-283)(1)(5)) submitted by Rudd Jones on behalf of property owner Linda Bridges. The subject property is located at 920 Northwest Park Street. Legal description: Lots 14 through 17, Block 163 and is approximately 0.586 acre(s). Mr. Brisson presented the LaRue Planning Staff Report of approval, finding that the use is not con" to the Comprehensive Plan requirements. He also stated, there Is plenty of room for the drive through and parting. Patricia Gorter, Rudd Jones & Associates 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 disaussed. The ingress and egress will be on NW IIPAvenue. Mr. Brisson stated there was ample mom forthe drive through and parking, and would be addressed at the TRC meeting for site plan review. The Board discussed the Spedai 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. _ ` TOPOGRAPHIC AI` � ---(NOT OPEC) N. E. 14 TA STREET b ti.. O.NY Ytv v.ear S8,3F7a'r SI250' 'A•AR v+or TJR vor SBP362?r2aaa7 -. its �• S R,VEY ,z N HV3• f Ii2J0• •i75C f7.'� 4,-3a• Jana• xiar 3¢M' xiDa' sa0a' sacra' I SQaa' nor saURY 34a0• saa,' :MOW 1°IRtr m" V I BLOCK 1, 2,15, & 16 11 I i I I I �' °" �' I I_ I I I I I I ( PLAT OF OKEECHOBEE - PLAT BOOK 5•PAGE 5 a i 10 7<a� 11 1 212 1 4. 1 OKEECHOBEE COUNTY . 13I2 I FLORIDA z DESCRIPTION (P omm BY LUENT) $,' w.Aa• ' ^ow 1 /{� I o-s as FY \ ID)S 1 m 4 WO.iIM BOCK 1. !dR s m a Oc L9VE BLOCK k LOTS 110 s w i I cif a T �" o \ \ �� t I&IXB.aZOK X LOTS IY t �TH 1211! 22.t116 BLOCK 2; 8LOCCK X LOTS 13 arm. a .+R S S 2 f 220d s .a \ - U.A..L m ]s DKCLSVF BLOCAK 2 LOOS 1 m 4.CIIDV4 BOOK IN LOTS S t IL BOOK N m r -� ° s 803670' M St2'Sa• and \ J:ue"aL "' w LOTS 11 O 14 k .5 BLOCK 15e MARK K m 71 SOCK =I It 'M 170 A — — od° I ' '• ��. wv It E -K �,,, TaKmF[ ECUR )S KcrKs.e m n DayLBu� eKOCK ,4 ArramA m OF HE 14 Q y , . I 1 m I Dm1EaF RO[OROED M PLAT BOOK 1. PAGE ,a a RAT BOOK S. PAOE x OF THE ® PUBLIC RECORDS OF OCEB.71OBEE CCRiM FOR" '" y g„�„ (NOTE: LO)s 1 m 4 NO.IEOE BLOCK T. TOTS s m S Ml&W- BOOK i AKO Lars S 14OBP oil �"� $ I - I I 8 - 1 m s Ruil w BACK 1B: Lor. B TD 11 . Mwl am IB1 ARE ALSO �iaulor �N BY56w E W2J0• ► I I ► wraY� �s I I I 1 5 ► 6 ► 7. I 8 - \ \ �BOED AS P � DIM AND AD"" PROPERTY WEST OF,AILOR CIEfli W 15 $ I18 19 n1 20 »I 1 122 z3 124 i z5�126 1. 1 I I : l n 37N. t 11 ,urI vi$E' + #` o ifs u -m- saaD' war 52DY siaa• Up r - N 89 --F -- — s N dFSiO E iaODO' it3. Aw. zv Ar A = A� L 'Z-. �' sixD �,p �yy rrs. vwr"°` �*��1,' ohs •,rw. a.�r ,n. vmr "'\� --- �, •,u, n.no- -\ TT 'b- C YAP f1 wm• M• PO QO �U any y,p pp, M iwc f YV 8756`Xl- W .i M a4 04 Q9567f1-E 50• .Sar aJ.la� .JSa• iJ10• I ��. N 6C56J�'M Za E_ww n Saba• MOO' mow Sa00• M2 � ' 1 � PROJECT SPELYFIC NOTES-. IF 11 �. F .m m I ► ► I I l- I i I I I I ► I --- - \ O 1) u_LFss s.D.A. on.FRwSE. Au P,KhYWS ME v[R gAl(P) rn [uLvu+EO([) gEl— �•iO 8 z 2) T S SWNEv 5 NOT WTTNOED TO OEPKT AMSDICIO, AREAS OR WHEN MEAS AL �. I I l I �, \ OF LDCCO MRIC '� ye , y I I I i 1O`f �� aa1 3) DATE OF LAST REM 9JR* .. (9/301% 12 ^ WI 1 Q 19 18 i 76 i �— 4 A. 3 I 1 1 : � ;3 5� 1 4 13� 1 2 1 1 AAOGi 6A40eN[ _ RaR eRRA.N R m!Y 9AYAS O t2s'N sp2 '<�' Jutavos Ree[luer s) US 6 NOT A BOWRIARY SURVEY_ T6 6 A 70POGRAPHC SURVEY ONLY. �z, & E R °u + I $ W 8 I I I I N , j s \ S7 WE 9ANET DEPICTED HERE IS NOT C IERED BY PROFESSIONAL OAMM g {�' g R� " 1—• 4 IN91RANCE Ammon dK DFIERONS m 9JRVEY YAM OR REPORTS BY OTHER 11AN 2I I I I 2 I : Y I I " TIE SMONG PARTY aR PMBES a PR,3BBi® Wn11wr rWrtTEN Cllg]lT OF ,HE _ & I I l i i I I I �- 90" PART! OR PARTEs ._...,_. ti 13 s d I ► i I �- . ,� , B) ELEVALCLS sHOWE1 LER97N ARE BASED a TE xA,W.AL citnEnc WOROCAL A' -- aar BENC LM" 1' ' vPj M Am au OATRM 1979 AKLSOKFM QIND) '2R• , - `� _ iLM WN Zing FEET 1 J S II.IDOLYI• A - REFERENCE BENCH NARK USER-OEPAR71.E11T OF )RAISPORTA,ION SKl1pARD 4•. �C �y N 8B E 2B Hen. CWICREM BENCH NNBK NTH BRASS DL9t SUYPED 'BNPT DATED 0V-1.1 :14. 1BBs E �2Sd - W s 8,36'20• W 29SFY . r�updpr eL ELEVATIOIR 3SlTs FEET (MCW) •,B g' N8P E2tJSa• �. I z8 oq • I / i l \ l I HFt �36i0i E taa -p I I E/ 1 I •mil T) ED 71.E NOT DETEIDiED: PARCELS Iff VFBm1 7HE OKY tLR1S OF Z 14 \ �� — — f _ D _ �' N 056-Ja-E -1 11� I I I I I g I $ e 15 0 118 ss""' :17 $19 1 2 0 1 21 1 2 2$ 2 3► 2 4 y 2 5 1 2 6$ z " 6 1 7 ► 8 1 9 110 ► 11- PRo�Ecr LEKTao- ' R t' s x $ R I I I I I EDa OF CONCRETE N_ Yz. B/ _ B&.UJMGD CORNER I I s 8 oram I " ,As. Wo WX OF - BACK OF WiX I'*05' I•� 1 o: I I i .,,� I I i uF � _ '' �• 16 � I I ► m I 1 1 1 ClINCRE C+P AL PPE CONCRETE �• �e'A um i7-W iJSO• I s BR56b7- W ZtJ.xi' I xiaD' xiK% BRSS-2O r tIXtaa• ARAr sa00• xiar saa0• Al B E.TBa7 oa' na Jr(y naB7P1 �7+'� � = MUro as �r FOC FACE OF CURB fib 89'i6. D- E Li25D' yr &, X 895B3D' F SKT3O• i '� FIRE HYDRANT &�,, tss,N----- •'.,{.'uRDr� I xv is.nc s_ w. v.or »d MRr N. E. 12 TH STREET ^�� tAn $ rA AM $c+.eA� ..nnel.om 'c.A" o'H T PVLT _ PA'a"T SEASONAL HOR wA7Ex �'{ - • g'' • Dul: guar ? v1S°0Hv mRr •u�o Iu+sr -Lafi' •OL6' •ao , - s A73dZa• r aWam• / • SVM15 -_- CDNOiFE DEKAUK � �� 11 � I I Ayori7� II iJ.50I I I NI ap3a20'EsIlaoamP OF BARK TEE ASR ZMl JLO• scra• MOO s0- W%WR.VxLE .N - wATFR METER I I I 12 1 110 I 1 9 I 1 g I 1 7 1 16 1 5 1 1 4 I 13 I 12 I 11 i i 8 i 7 i 6 i 5 i 4 i3 12 11 F:ESCRvtMX WE I -,- OC TRADEWI)�TDS PROFESSIONAL SERVICES, INC. TOPOGRAPHIC SURVEY STANOARDNOTTSLEGEND P, ,�.m +. i. ° w . wP _ . w�r;� H •'°^a. �°` b, —" o-s.t .s Rd a c°P > ' S ms o-F". i o+ _-F_ ^an Rd (— r—) a -F— PV.e Kona r.P) TOPOGRAPHIC A/RWEY ADD WETLAND ELEVATION$ m-2r06 T8L/24 s7 RLc KA8 08-25 116 193/,7-T9 RLC KAS BLOCK 1, 2, 15, 8E 16 '� —Ipnnc - 2 7N. aw.+y °.y.ed e". 4 P•F>d m.:.ry b a... Pm`a n.l.0 ABBREVtARONS AM WETLAND AREA CALCULATIONS OR-29--Ob N/A RLC KAB SURVEYORS AND MAPPERS 2lRH SN 3. PREPARED FOR THE EXCLUSJvE K,sE OF: PLAT OF OKEECHOBEE S N° �n Nty w E Nty 4 mmd Uy M. s.tiey°e Ir u°. try °U..n .at yevfirnOY w.nd. "N"'�° "°'"" °" `"'°"" "" "�'�'�' °` ""`°° Ao>e�a>,..._to.oawaPP. Ao ...�a.n".t: ��t �..rRrs--•---- e-c_...s. -' - - - u �." LAenue349 Okeecbobee. FL 34972 ANBAR HUSAIN S n�-. c.e.K W>•w N° °Hemp[ , K. .•m... �e�� Rom,. Tel .(fig) 763-2887 PLAT BOOK 5 PAGE 5 �� .nW e,np5 xm DY We I� u..��� m:. . o d... . - ..2.o sULF Y = 50, a� .W� w.�Q a OKEECHOBEE COUNTY n P"d m B°° ° a ° • N°^P� Taw r 61417-6 FACT W vo t to Sstlm T2a27. RMO° .� �n �N n_ / �1 O/1 05/20/2008 09:47 8636754174 FOX & RAMUNNI PA �`�,lVa �T�i•,I ;•'ems .♦ 5 AMIRA DAJANI FOX arnfra@foxrsmunni.com FRED R. KAHLE fred@foxramunni.00m 2211 Peck Street Suite 250 Fort Myers, Florida 33901 Tel: 239.791.3900 Fax: 239.791.3901 FOX & RAMUNNI, P.A. ATTORNEYS AT LAW May 20, 2008 Brian Whitehall, Administrator Via facsimile 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 Mr. Whitehall: STEVEN A. RAMUNNI' stave@fbxramunni.com *also licensed in Texas Post Office Box 1118 LaBelle, Florida 33975 Tel: 863.675.4646 Fax: 863.575.4174 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 &-na r, otherwise. Perhaps the City Council could,06teertaln the If you have any other questions, please t me know. T. matter, � SARAp cc: John R. Cook, Esq. Robert Shearman, Esq. client unni iced this evening unless you state luest for a temporary stay as well. you for your consideration in this www.fbxramunni.com 05/15/2008 13:23 8636754174 FOX & RAMUNNI PA L/l11f/Li1 �/ MAY 20, 2008 AMIRA DAJANI FOX amira(Rfoxramunn I.com FRED R. KAHLE frad@foxmrnunni.com 2211 Peck Street Suite 250 Fort Myers. Florida 33901 Tel: 239.791,3900 Fax: 239.791.3901 FOX & RAMUNNI, P.A. ATTORNEYS AT LAW May 15, 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 st9va®foxr9m u n n i. corn `also licensed in Texas Post Office Box 1118 LaBelle. Florida 3397E Tel: 863.675.464E Fax: 863.67S.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. Ramunni Dictated by Steven A. Ramunni SARAp Signed in lots Gbaenoe to avoid delay www.foxramunni.com The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of r in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of .� Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nc it 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. Swopi to and scu scribed before me this day of A.D. 20 Notary Public, State of Florida at Large "PUBLIC NOTICE' CONSIA ERTY ORDIONAN EATION OPTING PLEASE TAKE NOTICE that the Cily Council of the City of Okeechobee, Florida vA )h Tuesday, June 3, 2008 at 6,00'p.m. of as Soon thereafter possible; at City Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING, on and thereafter to consider final reading of the followingg Ordinance into law: N0. 1023: AN ODI- RANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFlCUIL ZON- ING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF L(ANO. 1MORE HEREIN, FROM , I G �IZONING DISTRICT TO STR CT; AMEN ENDING THE ZONING MAMMERCIAL P ACCOS DINPARTICULARLY DESCRIBED GLY; PROVIDIN GZFOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. The Ordinance is regarding Rezoning. Petition No. 08-004-R, submitted by Jeb Acuff, on behaK of property owners) Visiting Nurse Association of Florida, Inc. The petititc on is to change the zoning district from ftesidelocatedntial uat P03 Soluuthly east Z nc Commercial P ofessonal Ofice (CPO) for property Street. and is approximatety 0.712 acre(s). All memhers of the pubkc are encouraged to attend and participate in said hearing The proposed Ordinance may be inspected in its entirely by members of the pubbr in the ONfice of the Cdy Clerk during regular business hours, Mon -Fri. Bam-4: ro the olc or1-BUINJ00-di r 1 V I rl; C CLERK '. �p�Y P6e, Janetta Thibou,lt Commission # DMEi311 n o4 Expires January 10, 2010 ' �� �V? Bonded Toy Fain Insurance. Ine 800.3857019 MAY 20 - Is' 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 District to Commercial Professional Office (CPO) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly. advertised meeting held on 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.1023 - Page 1 of 2 ALONG THE EAST LINE OF SAID SOUTHEAST 2ND AVENUE, FOR A DISTANCE OF 142.5 FEET TO THE INTERSECTION WITHIN THE NORTH RIGHT-OF-WAY LINE OF SAID NORTH LINE OF SAID SOUTHEAST 2ND STREET, FOR A DISTANCE OF 217.9 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN O.R. BOOK 1 AT PAGE 107, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN NORTH, ALONG THE WEST LINE OF SAID CORNER OF SAID PARCEL, BEING A POINT 157.5 FEET SOUTH OF THE NORTH LINE OF SAID BLOCK 171; THENCE RUN WEST, PARALLELING THE NORTH LINE OF SAID BLOCK 171, FOR A DISTANCE OF 217.9 FEET TO THE POINT OF BEGINNING. SECTION 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 201' day of May, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor 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. A Consider Rezoning Petition No. 08-004-R submitted by Jab Acuff on behalf of property owners) Visiting Nurse Association of Florida, Inc . (VNA). The application is to change the zoning designation from Residential MuCFamtiy (RMF) to Commercial Professional Office (CPO) forvacant property located 203 Southeast 2n0 Street. Legal description: City of Okeechobee, Lot 4, Block 171 and is approximately 0.782 acres) - Planning Consultant Petition wig be forwarded g► ordinance forth for final Publk Hearing June 3, 2008 before Cdy Couhcl. 2006PLA*wBosaDl3onrmorADusrri: AND CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:00 P. M. Consider Rezoning Petition No. OB-004-R submitted by Jab Acdon behalf of property owner(s) Visiting Nuns Association of Florida, Inc. The applicationIstochange the zoning designation from ResidentialMulti-Family(RMF)tDCommercial Professional Olfice(CPO) for vacant property located 203 Southeast Zw Street Legal description: City of Okeechobee, Lot 4, Block 171 and is approximately 0.782 acxe(s). Mr. Brisson presented the LaRue Planning Staff Report of approval, stating the applicant meets all criteria of the Comprehensive Plan. It is compatible with the surrounding area. Mr. Brisson also reported adequacy of public facilities. Karen Brass, 201 SE 3'd Street addressed the Board sung she is extremely concerned the use will create traffic and parking issues. Also questioning whether this would be a good area due to the proximity to the police and fire departments. John Bambershot, 210 SE 3'd Street, expressed his objection to the rezoning due to the corner ial type uses encroaching into existing residential neighthor hoods. Mr. Brisson explained tie commercial zoning densities, stating CPO is the least density of all the commercial zoning. Mr. Acuff, and Mr. Bo Rush, architect forte project addressed the Board, and explained the residents would not be driving, tie facility staff would provide transportation. ChairLedferdasked w hethertherewerefurtherquestionsfromtiecitizers? Therewe►enorhe. The Board discussed tie petition brietly. Vice Chair Hoover moved to approve Rezoning Petition No. ON04-R and recommend to City Council to change the zo" from Residential Muld-Family (RM9 to Commercial Professional Office (CPO) for property located on 203 SE 2nd Streak seconded by Board Member O'Connor. VOTE LEDFERD•YEA HOOVER -YEA K?LLER•YEA BURROUGHS•ABSENT CLOSE -ABSENT MAXWELL•ABSENT MCCOY-YEA MORGAN•YEA O'CONNOR•YEA MOTION CARRIED. NPetf6on wgl be sb►warded in ordnance form for a final Palk Blearing on June 3, 2008 before QA Council Master Land Development Application and Checklist: Rezone —Special Exception —Variance (Rev.12107) Date: - 5 Petition No. City of Okeechobee General Services Department �y Fee Paid: � t/� Jurisdiction: 6`�ZJ✓ 55 S.E. P Avenue, Room 101 1" Hearing:V Hearing 0 Okeechobee, Florida 39974-2903 Publication D tes: 411& 5 Lt 5 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Notices Mailed: (below for of reuse only) ?- - - 5::- i= i?A'= s.f..-... — :^h[- rT.[..!Sf:.r`_'''-? ia'.t, ^.: �:,>'. ''i• ? 5{�:4z._... t r�o.•i_'...- _ - _.._ 1- � � :L�j. _.._._ �. [ «� :._, {1:.: riti'_: �i.-t::.,,.::- -=s=:ar:•:/ram:£>_ -- ic• �;-;•-.•�"'- . THEIR r,tr'}a -. �t si! =:.�rEs Rtz 1�:- r ^ —<c •• -^c_x = •_.`.t:-..._� _ `"': ` f x- ._ —.r- tiffs' _,` t} __, •,�:- .• '�C - � """' Lit- NI�• •i •' _ ^a:.�`L' ;.1{.. _ _ •;;� __.:?cr!.':. ..:5?.._. sue- _ i.: a • ��' _•uc^•_Il�^';xf�•�` _ _ 1: "E. �_DA { = -.sue: ;: .'; (•^ a.:-[- . q.-[r ,-ry , _. :..... •» � r.�..'�=riyT-_YF�.Ys� .= .i�r C' 0 � "' �T.::.a:::..•" s.� i : j���Y_w.yj�.F,_g_•.u:•�: ,-r,.�.��•° y_-�`' eeed.h T 11X�[ly - 1 Name of property owner(s): 1 r Ovl i- ,, 1 c 2 �/�151 Owner mailing address: / Q ` Q O�900 SG 0n f�tl. L 1 3 Name of applicant(s) if other than owner 4 Applicant mailing address:_ } 5 Name of contact person (state relationship): J610 Aiµ A n. U,,-i -, !I, 4 = 6 Contact person daytime phone(s): 77 - Flo _ e_A o 3cl - - _ - - ["s-i:`•iC^�t�f-'•°�qp '•''iY'•x-s:�'•o Cs}•fr- _ _ _ _ _ _ __ ___ _ -_ _ _ _X}-':i�2-'-.�I�XJ.•'{^:7.V5 - - .{ �i-.. .•i{. _..!��..'C{ctzZ_'Ci?t' _ _ _ _ �[::'•�r _ _ • It {::I ' ri:' •.:Tt - - _ -i_iGn. .-.Tuff.. 1i5_�_"ii4^••:efr—.;�.._.]3�:��� _ � �,.!='_fi _ ._r_. _t .! . - �'�:` r� ^— 4r_ =� • ^ i c.:c....-:•:-rr n�' 1 Y� S...._. .:•{�� `J'i:.:' [_�'���._'.t^_ _ -_ i=Z:4't{" t •! tl�':i:_'.�-Y C:... �.__. _. t:]S 'I a_.:. ' ==��t! O�E°R�'YINEQ�tn?Afi�Ql��•.:�-,r-_�,.: _ _'_ __ .`1:. .I:[r P��.lt:+.:-F'f �.._... _•. ._.P �... 's :c"i '^:c�?=r71"5 �:�_ ti-a .._c.t:: .. .. i[s:r._.?[_ _ � �. �§�,•I�::�:.,>-_•,.-::<:.__-:..��� •_:�:-:�,,:�-��:�•�:�r,____,:s,. _ M" ,.ale•. .... >_._- _.. r2�6-e-:r_--=rt•r1 t..Y3 �3-rt'...._..I_ _?r_...._= %-�i:�.r-^>:� _.._._..._ '?ii=�:zn`:,: ��.• �•.l »ems•�.,..�..t_..:'':.v...-�.�:.co_-r�:�7-�-i*F:••.�...: r.:r.�.•c'�in..I.L_.Fj?:I =:>3- .I�•..s.- ..r.4 ...+� �7rf="a`,��y:.. Property address/direc=s to property: 4�a7.RrY'� -.:fir CKSY 7 a 3 SE 9,c1 d FL Describe current use of property: / Describe improvements on property (number/type buildings, dwelling units, occupied or vacant, etc.): 10 Approx., acreage: „'fl a is property in a platted subdivision? (_) Yes ()K} No Is there a use on the property that is or was in violation ofa city or county ordinance? No; (_} Yes If, yes, describe the use and violation: _ - Have there been any land development applications submitted in the past year that involve any part of the 5 ''rtr` property? y? )No (___)Yes If yes, provide date, name of applicant, and brief description of the 12 nature of the application: 13 is a pending sale of the property subject to this application being granted? (_) Yes 00 No Do you own any other lands adjacent to the subject property? No Yes If yes, describe the =T•t;=:_ �.�;_::_;�r current and intended uses 00 74 o - oo bO Colo - 019►0 - OVID- 3=IS-3fi-3S- 1a-ol 3-fS-3�-3s- � 14 �,(��' oaC 04.a, I ON IK[r _.::. Ii3� w�a►� I;ka -ib &.,IA as c*s,sJci1 :1.IoA Describe uses on adjoining property to the: North: South: C:.r RjAF Ccwin�e: c;a� � c{`o.( 15 East: West 16 Existing zoning: R m i= Future Land Use classification 17 Request is for. W Rezone (_, Special Exception �} Variance 18 Parcel Identification Number: - S _ _ 3S - C) O " a 1 710 `00 SO Rezoning -Specific Application and Checklist (rev.12/07) A Current zoning classification: (� � � Requested zoning classification C P 0 ' }use Describe the desired permitted and intended nature of activities and development of the property? B i w:U 6,41a &A Ass;Od 1::+:j Vaed ,41 Is a Special Exception necessary for your intended use? (--) No (_) Yes If yes, briefly describe: C Is a Variance necessary for your intended use? (^) No (_ j 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 ,78 generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition N )A of Trip Generation. F Attachment addressing the required )endings 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 unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial - For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Ext. 218 Page 1 of l Master Land Development Application and Checklist: Rezone — Special Exception — Variance (Rev. 12107) fhelnw fnr nfrwe use nnlvl �.._ :. .. ... •._x,.�.....,..:�:.; :>: ::.:. _.., ::_a-,:: ,�:-ra .: sxr: :.u-_W._;.:,:•.x:�' ",:.��:r_-z^. Yew=.:.1��.:.:..i ":its" --"' �>C F..zei7'= ^!ii_�:_"�ii•s_--,}='�:c� - �...... _..... ,...:y.l:::•.p __..-a...'4.J„ .:.._-k.aa ...:s.....r.-i.: _ ,:5; ,:u�'���-Ci �-��:Fi -- 1 w:z"k I rr�•��� ITT ' D'. /'• c."z.��.'L`. p:Ll�:: ': �b\Oi:5ir�:: :4a�""i,:t:=•ti: :!i ur-r21 -*=�L'i•5 MO �:r�•.;...__: l..l'i'•.=-c:c.tr-f i�__ :.. err.- ��::r':!-q" �; :.,i - y�,l'v["' .•..� ..... s �I .•,....__.-.._, ,.Q .,.F ...._: - _-.sac=.,xt_� far-R ._.; ..�.•'; xz:' ..-.;1.r.-.tn_aez�;t� ._ ._._.i;:i.__F•�: xS�'r`_4; 19 Applicant's statement of interest in ' property Y 20 Last recorded warranty deed ter• K ` � .efi re.�TFK r. 21 Notarized letter of consent from property owner (if applicant is different from property owner) _ Property survey (onc copy 11" x IT' 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 Computation of total acreage to nearest tenth of an acrerT" r C. 23 List of surrounding property owners with addresses and location sketch of the subject property. See they ` =ems •`¢ yam: Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) ..< 25 Nonrefundable application fee: Rezone:$500; Special Exception:$250; Variance:$250; all plus S30/acre. T:iZ,••.x.��kxea 9: yPLC•z`s�-w="'.lg rri; r .: .... �.._ ..: .... _. ._.._ .. ::,t>::•:r.. •c":r fr •a,,flacl::•, ....; - ti2i:�... ��::� .,X :•_ccrr..:J.;._.-r:,,-::.::.:.,.3�i�•t :r:::�:i E--{. r'i�—. .�. ,.. X� Z R. _r . ..1:mac _�. ... �:!<�_j•..11:._... _ __� •.:'-_ ::.ay_ar:' ,s ......; -t �Z.,ia =-'ii2:. '_'u�:- I4•R. tLirA7j::x..z..� .F_`.".: r..rs,.r �`.. '3i; ••-lzPxlS.ixx•SN { rr ' �_.y4;�.: _._. - '`.'ft.' :? n 'E-3;:_ir•_-'r'.�SFL-.:K- cCo firmn •opp -..>_ a-:::..<; =- $g((j� ^l+irfr' ._•'S�"':Elf�a Si'-!!�_z�: -a a'. ...! _. �.. _ �.un�;_�' ,F�. �"` sue•- - �..�.. -_ nforma�on�'i3.e.�n»a.'``t��, - .. _==->:-• ntlaz •�_.�:...yL..z r _»n h_.iz _ iJc- _•�--` .IBM- ti �•Zc•v: 3:: = -_ _ t_sr -,c.. ��i_NT :m�:ks,a_ ::'i:?===::a=.�•-aae~_=•-t•�_.___ _ _ _ __ _ I hereby certify that the information in this application is correct. The information included in this , .,s,z: .�; =: Lam:.-�L•=::-MF;�=.: _ __ 26 application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may resulting the summary denial of this application. pleb Ac,„T`E 3- 3t - 0 8 7griature 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 Market Area 40 DOR Use Code IVACANT 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 315 Aerial 2007 Certified Values Search Result: 1 of 1 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 Value $0.00 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 Desc Year Bit Value I Units I Dims Condition (% Good) NONE Land Breakdown Lnd Code I Desc I Units =Adjustments Eff Rate Lnd Value 067EP3 I SIDE STREE (MKT) 1 217.900 FF - (.782AC) 1 1.00/1.00/1.00/1.00 $360.50 $78,552.00 Okeechobee County Property Appraiser Last Updated: 3/18/2008 http://w-ww.okeechobeepa.com/GlS/D—SearchResults.asp 3/27/2008 J�S�IING NURSE ASSOC/, )T10 N March 31, 2008 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, FL 34974-2903 Subject: Request to build Assisted Living Community in the City of Okeechobee. COUNTIES SERVE[ ARL0I 1"E i, '=. i P U D1. QT . GI.AOE. H E R HA140% L A Kf N1ANATEi fvi RT1 t KE C;:rSEs IN ! LA ?Lf S 'A is A _ i r 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- 00 10-0 1710-0050 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 n2.286.1844 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 meals a day served restaurant style and prepared by a chef. 10094 W. Indiantown Road Jupiter, Florida 33478 The Visiting Nurse Association of Florida is a state -licensed, non- P561.743.5060 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 12oos South snore Blvd. Suite 21 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 � anYou for Y Council of Okeechobee just to name a few. Thank our F 561.333.2424 consideration. www.vnatiorida.org Sincerely, Referral Line 800.318.0399 /ebAcuff Project Manager Visiting Nurse Association of Florida, Inc. COUNTIES SERVED NURSE gSSOCIgT/ CHARLOTTE CITRUS ON D.ESOTO GLADES HERNANDO HILLSBOROUGH LAKE .i MANATEE off FLORIDA MARTIN December 21, 20�07 O K E E C H O B E E PALM BEACH PASCO PINELLAS POLK SARASOTA S T. 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 R. 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 ��C3t 3806 Manatee Avenue W.� �1 The foregoing instrument was acknowledged before me this y Bradenton, Florida 34205 r i (name of officer or agent, title 9f officer of agent of V N P 941.750. (name of corporation acknowledging), a estate or place of P W6'M'0464 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 or McKenzie Street (signature r notary) ( notary) Punta Gorda, Florida 33950�% • � � � Si e Of IIO Seal Of P 941.505.5700 F 941.505.5740 Kd 1'•n A n Printed name of Notary www.vnatioriiia.org Referral Line 800.318.0399 OBMI ANN ARDIT Nofay Pubic - State of Flodda • Ally Coffin ission Expires Oct 3, 2009 COMMM on 4 DD 478266 Bonded By National Notary Assn. RECEIVED DEC 2 6 200-. :4s o .:O438 > :1852 =Docuu tytQennt rips pad in ttte affood of 3-15-37-35-00i O-0171 (.LUU50 Class C It bvq bM Tax paiti in V* amount of $ _a — 4. Sham Robe hRX . Cletlt of C CUlt Count Warranty Deed Q(L2UU1D.C. DaTee ,5-22-2ow 'this- Indenture, Made this 18th day of allay, 2000 A.D.. Betwem HNIMY L. BYRD and SHERYLE S. BYRD.. husband and wife 803 W.S. PARK STREETOKEECNOBE£ OKEEFIIOBEE FL 34974 antuts. �rbi of the county of FLORJDR . gr VISITING NURSE ASSOCIATION OF FLORIDA, INC., A FLORIDA CORPORATION w'huar address is. 2+0V S.E. MONTEREY RD., STE. 3i)O STUART. FLORDIA 349% .State of FLORDIA , gramee(s) Wirnesseth that the GRANTOR(S) , for and in consideration of the sum of - - - - • - . - - - - - .. -TEN NOit00 (S10.00) - - - - - - - - - - - - - - - - DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE(S) , the receipt whercvf 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 subsequent years. and the grantor(s) does hereby fully warrant the tide to said land, and will defend the same against lawful ciaims 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_Affdtdeli cd in our presence: LA%f.�tY B. BYRD SIIERYLE S. BYRD �— W) W S Mp: STREET OK tCHOREE, FL 34974 isp�R+,t Witness: ev .d W"unets: 1>tir Hv) STATE OF Florida COUNTY OF Okeechobee Swam to and subscribed before me this 181h 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 aaziden tion ' punnn The Doan A Prepared By. : S Oknx Tantie Title Company, In�*�� 'N°��Ar C.. Pent amc: SUSIE D R K ; �: • =� = '--VOTARY PUBL)C Post Office Box 1211 Co.. mycomm;Expim -tP Okeechobee, Florida 34973 = = NMCG isasaa = _ My Commission Expires: d'T PuaOG •' ��� FOFF ''Ogrrgn u'L".� IQ03 Schedule A A parcel of land lying in NW 1/4 of Section 22, Township 37 South, Range particularly described as follows: 0438 1853 the NW 1/4 of the NW 1/4 of 35 East, being more Commencing at the Northwest corner of Lot 4 of Block 171, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, thence run South along the West line of said Lot 4, and the extension thereof, also being the East right-of-way line of S.S. 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.S. 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 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. (GKC/DJ) FILE!) F,:f; !;!.(:Ci�iJ 337697 0Onr`2) File No: 16203 �o� sySD•CA OR O 415 PAR 1316 13 This Itocumenl teepved By and Ransil tot Cornett, Googe, Rona 4 Earle, P.A. Post office Box 66 Stuart, Florida 34995 PareetinNumber. 3-15-37-35-0010-01710-0060 Warranty Deedkl-rried Tills indenture, Made this tiny of April Shirley W. Ingalls, woman Documentmy S. m 60 p0Ls jn 11Re ,Mf)lJnt of $ 0 iiZd sill il�. 81110,1171t Class C Intilnpb� Pa of S Sharon Robertson. Clerk of Circuit Coud Okeechobee Cotinly FI da Q� D.C. Bye Date: , 2002 A.M. Betiveen of the Crnrmy of Glades Blatt of Florida , grantor, am' Visiting Nurse Association of Florida, Inc., a corporation existing under the laws of the State of Florida whose address is: 2400 SE Monterey Rd., Suite 300, Stuart, FL 34996 of the Countyof Martin stair or Florida , grantee. Witnesseth that the GRANTOR, rear awl in considcralx+nnrehesuntnf MIJARs, ___ --TEN DOLLARS ($10)------------------"""-- --unit other goal am, saluahlt eonsiileratiou u, GRANTOR in hand paid by GHANT1EF- the receipt whereof is hereby acknow1migrd, lus granted, hargamed aml sold ill the said GRAhrrlili and GRANTTIi's heirs, succamrs awl aaigns fnm-cr, the fdlnw•ing dcscrihal loot, sip,ae, to wit lying and being in the County of Okeechobee start of Florida 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 feet; 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 Avenue; 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 restrictions of record. The property herein conveyed DOES NOT constitute the HOMESTEAD property of the Grantor. The Grantor's HOMESTEAD address is 3140 Old Lake Port Road, Moore Haven, Florida 33471. sllmloi-1l.cet,.I. SUP: C! ERr OF CIRCIJ►) COURT owl Ile grantor does hereby fully warrant the title to said land, and will defend the scone against lawful claims or all persons w•homseever. In Witness Whereof, the grantor has hercunlu set her haml And seal the day awl year first above written. Signed, scaled anti delivered in our presence: (Seat) Printed Namety, ,f,uxT-a n% Shirl W. In ells wi a 1. O Add,css, 3140 Oki Lake Port (toad, htnore Ilaren, Ft. 33471 Prin Name: u/J� Witn a STATE OF Florida COUNTY OF Clad",Okr E"BEZ b Tle foregoing instrument was acknowledgedAdfore me this � — day of April t 2002 by Shirley W. Ingalls, an unmarried woman she is personally known to me orshe has pnxluced her Florida. drive cease asidcnlificato- PI ill C. Walker pri a Name: /�t/((/�S C(Q QC, mmtaason ot (� Bi2324Laplroa Got. 4,2003 Not r Public #tLnne Bendlnr Co., Ins. VNA t m. en,,.a,a t, r reya„ s.,,..�..,k .:,•n r ,.+ens., s T, t Lxn , f T 1 f f T 4 I I co PROPOSED PROPOSED ]-STORY. u UNRI ]S BED i ASSISTED UVWG FAC4UTV ' W All a !� If ul I w S w ----------•--------- E. Ind STREET — _ — — — — rA �n I I I I SITE PLAN U Clls-�r*i-�� (��. AREA CALCULATIONS rj I'C]CI11 rI IJrFi �` j t:" L➢ , �. wtn.o.wu..c IAK 4MPr.:M AuohEo) PAvm.aeA. ,aew.n wn. m. M.U-=". .n. W%—Og 1)� I 4 P� ) MFA. 42,70 d¢ M LOCATION MAP n b � b � .00m,caeaan �rwrcoaw oo,a,osw.wiert rw.r�r a�msmcmx wwox wwatt...�.e.. u �me PROPOSED rtE PLAN w, Ae a,oh„ A1.1 b LEGEND RBF - Rebar Found RBS - Reber N/Cap Set IPF - Iron Pipe Found NTS - Nall/Tab Set CMF - Concrete Monument Found P.O.C. - NW CORNER PRM - Permanent Reference Monument LOT 4, BLK l71, OKEECHOBEE POS - Point of Beginnln9q POT - Point of Terminus (P1 - As per plat (Pl - Field Measurement (01 - As per the dead (C1 - Calculation 0 NO TES: n J. All Bearings Assumed ti 2. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. j 3. Description as per referenced O.R. Book 6 Page 0 � 4. No Improvements Located ! DESCRIPTION: PARCEL ONE 'A parcel of land lying in NN 114 Of the NN 114 of the NN WEST 217. 9' (Di RBB EAST 82.1' (DJ RBF 114 of Section 22, Township 37 South, Range 35 East, being more particularly described as follows: Commencing at the RBS - S89.67'441W 217.84' (F1 N89.28'521E 82. 37' (F1 Northwest corner of Lot 4 of Stock 171. OKEECHOBEE, 5C punt lc recordsportOkeechobeeaCounty,lFlorida. thenceprun ^ South along the Nest line of said Lot 4, and the extension 3 thereof, also being the East right-of-way line of S.E. End \ Avenue (formerl Tallahassee Streetl, for a distance Of 157.5 feet to the POINT OF BEGINNING; thence continue South, ` along the East line of said S.E. End Avenue, for a distance of Q 4 0,! ti i 142.6 feet to the Intersection with the North right-of-maY line Of \ ti 1 S.E. End Street (formerly 7th Streetl; thence run East, along W � Q 'a W N so , ltl North line of said S.E. End Streetfor a distance of 2i7.9 \ feet to the Southwest corner of a parcel of land described In Z n c Z I O.R. Book 1 at page 107. public records of Okeechobee W ti C(GLO P�5 N �L (� w W i County, Florida; thence run North, along the Nest Ilne of said v v �i 1 5� v y. parcel of land for a distance of 142. 6 feet to the Northwest Q W ti pP p9 p� N npP 9� 13 PE �+ ti C corner of sold parcel, be inlg aTpOint 167.6 feet South of ythe North fine of sold D CC w r�� 1� c P �G w ^ O 'Q W North line of said Block 171. for naedistance ofp217.19 feet to etne Ix P P260 v j e Q POINT OF BEGINNING. " 0o P oo oo� cn W (A p O' 0 2 ` o y N PARCEL TWO W� i H ; W W = W -Beginning at the Intersection of S. E. End Street, f/k/a/ Seventh Street, and S.E. 3rd Avenue, f/k/a Cherokee Street, In FIRST V) Q �p ADDITION TO OKEECHOBEE. FLORIDA according to plat T Q thereof recorded In Plat Book S. Page 6, public rrpecords of C IW boundary ofCS.EtyEnd/Street, thence run 8RItnfoot; thence J = run North at right angle with S.E. 3rd Ave, a distance of 142.5 N89"57'241E 217. 86' (F1 S69157'57"W 82. f!' (F1 P, 0, B. U feet; thence run East at right angle with SE, End Street, a IP �. distance Of 82.1 feet, to the Nest boundary of S.E. 3rd Avenue; ~ EAST 217.9' f01 IPF WEST B2.1'(Ol RBS thence run South, along West boundary of S.E. 3rd Avenue to the Intersection with S.E. End Street, being the POINT OF North Boundary SE End St. BEGINNING.' S.E. 2nd STREET CERTIFICATE OF SURVEY (SEVENTH S TREE T - 70' PIWI WASEPREPAREDTUNDERHNY DIRECTION AND SUPERVISIONHEREON 1 A / ii , LELAND DYALS R. L. S. 2084 304 S, W, 3rd Ave, , Okeechobee, Fla. PHONE .. , , 763-4909 FAX .... 763-2500 Falk...-" BAN IVISITING NURSE ASSOCIATION A"- OF FLORIDA; 1NC. i 3 i :) i acxson street, quite Luo Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: info@larae-planning.com Preparedfor City of Okeechobee Applicant .• Visiting Nurse Association of Florida Inc. From: RMF To: CPO Petition No.: 08-004-R Staff Report Applicant: Visiting Nurse Association of Florida Rezoning Request Petition No.: 08-004-R General Information Location: 203 SE 2nd Street Legal Description: A parcel of land lying in NW 1/4 of the NW 1/4 of the NW 1/4 of Section 22, Township 37 South, Range 35 East, being more particularly described as follows: Commencing at the Northwest corner of Lot 4 of Block 171, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, thence run South along the West line of said Lot 4, and the extension thereof, also being the East right-of-way line of S.E. 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. 2nd Avenue, for a distance of 142.5 feet to the intersection with the North right-of-way line of S.E. 2"d Street (formerly 7h 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. 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. 2 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 generate 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 project's 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 Staff Report Rezoning Request Applicant: Visiting Nurse Association of Florida Petition No.: 08-004-R Okeechobee Zoning Map — Subject Property x r ■td r ZONING S.E. 4 D4 STREET 0 I /A 1 iC in 5 Staff Report Rezoning Request Applicant: Visiting Nurse Association of Florida Petition No.: 08-004-R Okeechobee County Property Appraiser's Aerial DwIBIT 3 JUNE 3, 2W8 PARK STREET BUSINESS CENTER Development Agreement This Development Agreement is entered into this _ day of May, 2008 by and between the City of Okeechobee, a municipal corporation under the laws ofthe State of Florida, having its principal office at 55 S.E. 3" Avenue, Okeechobee, Florida 34974 hereinafter (hereinafter the "City"); and William R. Grigsby, Jr., whose address is 518 Bear Road, Lake Placid, Florida 33852 (hereinafter the "Developer"). WHEREAS, the City of Okeechobee is authorized to enter into a Development Agreement to promote certainty in the development approval process, strengthen the public planning process, encourage sound capital improvement planning and financing, assist in ensuring that there are adequate capital facilities for the development, encourage private participation in comprehensive planning, and reduce the economic costs of development; and WHEREAS, the Developer owns a 13.96 acre development located in Section 15, Township 37 South and Range 35 East in Okeechobee, Florida, legally described on the attached Exhibit "A", on which the developer intends to develop a commercial business park known as Park Street Business Center (hereinafter the "Property"); and WHEREAS, the City acknowledges that the proposed development of the property will benefit the City's residents and is an appropriate use of the property; and WHEREAS, the parties wish to establish by agreement the terms under which the property may be developed; and NOW, THEREFORE, in consideration of the covenants and conditions contained herein and of benefits accrued to each party, the City and Developer agree as follows: 1. Recitals. The foregoing recitals are assumed correct and are hereby incorporated herein by reference. All exhibits to this Agreement are hereby deemed a part hereof. 2. Property. The Property herein described and attached (Exhibit "A") is subject to this Agreement. 3. Ownership. The Developer represents that he is the fee owner of the property and as such may lawfully enter into this Agreement. 4. Consistency with the City's Comprehensive Plan. The Property is within the Commercial land use classification of the City's Comprehensive Plan and therefore a platted commercial business park will be consistent with the City's adopted comprehensive plan. 5. Consistency with the City's Land Development Regulations. The property is currently zoned CHV - Heavy Commercial, which is consistent with the establishment of a platted commercial business park which will in turn allow development of the platted lots in accordance with the City codes and regulations for permitted principal uses established for a CHV zone as provided by the City's Land Development Regulations. 6. Development of the Property. The Developer has prepared site plan which demonstrates the Developer's design of the overall project and which has been approved by the City's Technical Review [4667-76922. W PD] Committee (TRC). Developer agrees that final development will be in substantial compliance with the approved site plan (hereinafter the "Site Plan") as attached hereto as Exhibit `B". The Developer shall commence construction upon receipt of all necessary governmental permits and approvals and complete construction within twenty-four months thereafter. 7. Exceptions/ Participations. There are no exceptions or waivers to requirements of the City's Code requirements and no participation expected from the City. Therefore, there is no lien requirement for this Agreement. 8. Upon final plat approval, the Developer shall convey to the applicable governmental agency all water, wastewater and storm lines installed within the dedicated public right-of-way. 9. The Developer shall maintain and repair the dedicated streets within the subdivision for a period of one year following completion and prior to the Developer's request for the City to accept maintenance. Upon such request, assuming the streets have been certified and approved by the City engineer, the City will accept such streets for maintenance thereafter. 10. Concurrency. Based upon the Site Plan, water and sewer requirements will be met by establishment of water and sewer connections to the Okeechobee Utility Authority municipal facilities. As this is a only a six lot commercial project, recreation/open space requirements are inapplicable and there is no appreciable impact upon the City's transportation system. 11. Vested Rights. Provided the Developer fulfills its obligations under this agreement, upon final plat approval and upon final certification and acceptance of the road dedication, the project shall be deemed concurrent as to transportation and recreation/open space and shall have no other obligations under the City's Concurrency Management Plan as to transportation facilities or recreation/open space facilities. Upon completion of the project, the Developer shall furnish the City Engineer with "as built" plans for any improvements being dedicated to the public. 12. Applicable Land Use Regulations. Pursuant to Florida Statutes § 163.3223, development within the property shall be subject to the City's land development regulations and policies governing development at the time the Agreement is executed by the City, except as may be modified by the Agreement. The City may apply subsequently adopted regulations and policies only in accordance with that Statute. The failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Developer ofthe necessity of complying with the law governing said permitting requirements, conditions, terms or restriction. 13. Duration of Agreement. This Agreement shall remain in full force and effect for ten (10) years from its effective date unless terminated earlier as provided in this Agreement. The duration ofthis Agreement may be extended with the Party's mutual consent in accordance with Florida Statutes § 163.3229. However, the termination of this Developer's Agreement shall not affect the zoning or uses on those portions of the Property if any portion of the Property has been improved or if any portion of the Development has been constructed. 14. Amendments and Termination. Except as provided by paragraph 19, below, this Agreement may only be amended or terminated with the Party's mutual consent. 15. Notices. All notices required are permitted under this Agreement shall be in writing and shall be mailed by certified mail, return receipt requested to the following addresses or to other such persons or [4667-76922. W PD] Page 2 of 6 addresses as any Party may designate from time -to -time in writing. If to the Developer: William R. Grigsby 518 Bear Road Lake Placid, Florida 33852 If to the City: City of Okeechobee 55 S.E. 3`d Avenue Okeechobee, Florida 34974 16. Remedies. Any material breach ofthis Agreement may be enforced by either Party as against the other in an appropriate action in law or equity filed in a Court of competent jurisdiction; provided, however, no such action may be brought until the defaulting Party has been given notice and thirty (30) days in which to cure the default. Ifthe default cannot be reasonably cured within the thirty (30) day period, such period shall be extended ifthe cure is commenced within such thirty (30) days and the defaulting Party is proceeding with due diligence for such period oftime reasonably required to complete the cure. Ifsuch material breach should occur prior to issuance of final Plat approval, the City retains the right to withhold the approval of the final Plat until the resolution of the alleged breach. 17. Governing Law. This Agreement shall be construed and interpreted according to the laws ofthe State of Florida, and venue with respect to any litigation between the Parties related to this Agreement shall be exclusively in Okeechobee County, Florida. 18. Severability. If any part, term, or provision of this Agreement is held to be illegal, void, or unenforceable, the remaining portions or provisions ofthis Agreement shall not be affected or impaired. Each remaining provision shall remain in full force and effect and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. 19. Entire Agreement. This Agreement embodies the whole Agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, regarding the development of the property between the Parties. 20. Conflicts of Law. If State or Federal laws are enacted subsequent to the execution ofthis Agreement which are applicable to and preclude either Party's compliance with the terms of this Agreement, this Agreement shall be modified as is necessary to comply with the relevant state or federal laws. 21. Covenants Running with the Land,. its Successors and Assigns. The obligations imposed and entitlements created pursuant to this Agreement shall run with and bind the property as covenants running with the land, and this Agreement shall be binding upon and enforceable by and against the Parties hereto, their personal representatives, heirs, successors, grantees and assigns. 22. Effective Date. This Agreement shall become effective upon execution by both parties, provided however, that until preliminary plat approval by the City and commencement of construction, the Developer may elect to terminate this agreement and abandon or reconfigure the project. IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands and seals the day and year [4667-76922.wPD] Page 3 of 6 first above written. William R. Grigsby Attest: Countersigned: [4667-7692TWPD] Page 4 of 6 James E. Kirk, Mayor City of Okeechobee Lane Gamiotea, CMC, City Clerk Brian Whitehall, City Administrator Exhibit "A" Legal Description PARCEL 1 (PER O.R.B. 527, PGS. 869-870): THE WEST HALF (W ''/2) OF THE EAST HALF (E 'h) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) LYING NORTH OF STATE ROAD NO. 70 (FORT PIERCE ROAD), IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, LESS THE FOLLOWING: BEGINNING AT THE SOUTHWEST CORNER OF THE EAST HALF (E'h) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 15, RUN NORTH 594 FEET, EAST 186.3 FEET, SOUTH 594 FEET; WEST 186.3 FEET TO THE POINT OF BEGINNING. ALSO LESS THE NORTH 50 FEET WHICH ?S RESERVED FOR ROAD PURPOSES. ALSO LESS: A STRIP OF LAND 7 FEET WIDE SITUATE ADJACENT TO AND NORTHERLY OF THE EXISTING 66 FOOT RIGHT OF WAY OF STATE ROAD 70, LYING, WITHIN THE WEST ''/2 OF THE EAST 'h OF SW 1/4 OF SE 1/4, SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, LESS THE WEST 186.3 FEET THEREOF; CONTAINING .02 OF AN ACRE, MORE OR LESS. PARCEL 2 (PER O.R.B. 528, PGS. 1342-1343): ALL OF LOTS 1 THROUGH 12, INCLUSIVE, LYING NORTH OF NORTH PARK STREET (A/K/A S.R. 70 F/K/A FORT PIERCE ROAD) AS NOW CONSTRUCTED, IN BLOCK 4, PRICE ADDITION TO OKEECHOBEE CITY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PARCEL 3 (PER O.R.B. 528, PGS. 1342-1343): COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, THENCE RUN SOUTH 00018'26" EAST ALONG THE EASTERLY LINE THEREOF, 668.71 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00°18'26" EAST, 276.28 FEET TO THE NORTHEAST CORNER OF PRICE ADDITION TO OKEECHOBEE CITY ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17; THENCE RUN SOUTH 89°50'34" WEST, ALONG THE NORTHERLY LINE THEREOF, 336.76 FEET TO THE NORTHWEST CORNER OF SAID PRICE ADDITION; THENCE RUN NORTH 00' 17'46" WEST, ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE EAST ONE-HALF OF THE SOUTHWEST ONE - QUARTER OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 15, A DISTANCE OF 273.38 FEET; THENCE RUN NORTH 89020'47" EAST AND PARALLEL WITH THE NORTHERLY LINE OF PREVIOUSLY MENTIONED SOUTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER, A DISTANCE OF 336.71 FEET TO THE POINT OF BEGINNING. PARCEL 4 (PER O.R.B. 528, PGS. 1342-1343): THE ALLEY IN BLOCK 4, PRICE ADDITION TO OKEECHOBEE CITY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, LYING BETWEEN LOTS 1-6 AND 7-12. [4667-76921 W PD] Page 5 of 6 PARCEL 5 (PER O.R.B 528, PGS 1342-1343: THE STREET KNOWN AS NORTHEAST 2ND STREET (F/K/A CENTER STREET) AS IT RUNS EAST FROM NORTHEAST 12TH AVENUE TO NORTHEAST 13TH AVENUE, PARTICULARLY LOCATED NORTH OF BLOCK 4, PRICE ADDITION TO OKEECHOBEE CITY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PARCEL 6 (PER O.R.B 554, PG 338): ALL THAT PART OF THE NORTH 668.71 FEET OF THE E '/z OF THE E % OF SW 1/4 OF SE 1/4 OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, LESS AND EXCEPT THE NORTH 50 FEET THEREOF. [4667-76922.WPD] Page 6 of 6 City of Okeechobee 55 Southeast Td Avenue Okeechobee, Florida 34974 Phone: (863) 763-3872 ext. 218 Fax: (863) 763-1686 L L��CBIBI'I' 3 Date Received: 4 3 I OT_ PAY ZQ, ZQQS Date Distributed to City Staff and TRC: I Property Taxes Paid Verification: �! Date of City Council Review: ¢ to Council Action: APPLICATION FOR PRFLIMINARV Pi ATTINC. nR RIIRnlvinirlr_ oQnocv-ry 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 A CONTACT PERSON: BRANDON TUCKER P CONTACT PERSONS PHONE: 863-763-4010 FAX: 863-763-1376 L ENGINEER: RUDD JONES, P.E. 8r ASSOCIATES, P.A. PHONE: 772-461-6997 C A ADDRESS:1905 S. 2V ST., SURE 200, FORT PIERCE, FL 34947 FAX: 772-461-0442 N SURVEYOR: NORTHSTAR GEOMATICS PHONE: 772-781-6400 T ADDRESS: PO Box 2371, STUART, FL 34995 FAx: 772-781-6462 P R O P DESCRIPTION OF PROJECT INCLUDING ALL PROPOSED USES: DEVELOPMENT OF A SIX (6) LOT COMMERCIAL SUBDIVISION W/ ONSITE DRY DETENTION AREAS AND LAKES. E R NUMBER/DESCRIPTION OF PHASES: ONE (1) T Y LOCATION OF/DIRECTIONS TO THE PROJECT: LOCATED ON THE NORTH SIDE OF SR 70 BETWEEN 12TH AND 1 r 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 ONSRE; .18 ACRES ATTDL ROW EXISTING IMPERVIOUS SURFACE: WA SQUARE FEET ACRES %OF SITE ruler 26 08 12:21p RUDD JONES PE ASSOC 772 461 0442 p.3 ADDITIONAL IMPERVIOUS SURFACE: SQUARE FEET ACRES -% OF SITE PROPOSED TOTAL IMPERVIOUS SURFACE: 10.06 ACRES; 71% OF SITE ICURRENT ZONING: CHV CURRENT FUTURE LAND USE: COMMERCIAL CONFIRMATION OF INFORMATION ACCURACY f hereby certify that the iMamatkn in this application is correcL The information included in this application is,'of use by the Cdv of Okeechobee in processing my request Fafse or rrisfeading iMormatfon may be pEW.-hable by a Sne of Lip to SSM.00 and imprisonment of up WO days and may result in :he summary 4'WW of this aypicafiorL fl s ignature of Applica rinted Name Date ILI W, 716MOT1 ro To: Betty Clement & Technical Review Committee Voting Members. From: Oscar Bermudez P.E. Engineer Date: January 08, 2008 Re: Preliminary Site Plan Review for Park Street Business Center. '-91 I have reviewed the preliminary drawings for the above project and I found that: 1. N.E.12 Ave. (Mobley St.) shall be a Public City Street with a minimum right - way of 70 feet. Not only for the benefit of the new proposed project but also for future City Expansion. 2. A sidewalks along both side of the Ave. will be required within the project Limits. 3. In addition, any others requirements by DOT, DEP, SFWM and other State agencies as required. MEMO To: City Council Members and Administrator Whitehall From: Betty Clement, General Services Coordinator Date: April 4, 2008 Subject: Property Taxes Verification - Park Street Business Center I verified that the property taxes for the Grisgby property, parcel identification number being 2-15-37-35-OA00-00011-0000, 2-15-37-35-OA00-00009-0000, and 2-15-37-35-OA00- 00010-0000 have been paid. Please feel free to contact me should you need any additional information. Thank you. Minutes from TRC meeting January 23, 2008 C. Park Street Business Center 08-004-TRC. The application for Pre -application Plat Review was submitted by William Orazi, Rudd Jones, P.E. on behalf of property owner William Grigsby, Jr. for development of a 6 lot commercial subdivision with on -site dry detention areas and lakes to be developed in a single phase for property located adjacent to SR70 between Northeast 12"h and 13"h Avenues — Senior Planning Consultant. Mr. Brisson presented the LaRue Planning Staff report with the following comments: The subject property is within the Commercial Land Future Land Use category and is within the Heavy Commercial (CHV) Zoning District, both appropriate for a commercial division. Although Chapter 6 permits a cul-de-sac up to twelve hundred feet, Staff questions the appropriateness of a roadway, serving commercial businesses, accessing the property from SR70 via only a 50-foot right-of-way and a 20-foot paved road which is 1,000 feet long ending in a cul-de-sac. Further, one would also expect a sidewalk along such a roadway. All other aspects of the Preliminary Plat submittal seem to meet the requirements. Bill Orazi, Rudd Jones & Associates, representing the applicant reported the South Florida Water Management District permits have been applied for. Should have within the next two months. Okay with putting a sidewalk on the side, the right -a -way issue, this is a local street, not looking for anything to go through here other than the commercial 6 lot center. We feel 20 feet, with two foot curb on either side, which gives 24 feet in case of emergency, to work with of hard surface, is sufficient. 900 feet with a cul-de-sac is sufficient and is a safe operation. Feel confident this is a working site plan estimate. Engineer Bermudez said the City has right-of-ways that are 40 feet and they are too tight. At this time, it would not benefit the City to approve the right-of-way of only 50 foot. In the future the City will have to extend the road and the City should have the domain of that right-of-way all the way to the end. Do not see why we would put a cul-de-sac, and allow the developer to own the property at the end when there is property to be developed adjacent to this property and could possibly be land locked. The City should have the entire right-of-way from SR70 to the end of the property. So as the City Engineer, I believe we need a minimum 70 foot right-of-way all the way from SR70 to the limits of the property. Mr. Whitehall stated that access easement is fine, but the extension of the right-of-way is a more appropriate planning approach. I concur with Mr. Bermudez. Mr. Orazi reiterated, it is a 50 foot right-of-way, we are also providing 10 foot utility easements, this would give the City a total of 70 feet overall. I Understand it is not right-of-way perse, but it would give the City a window. This property is somewhat restrictive, width wise. Mr. Tucker addressed the committee, stating, if he gave the City a 70 foot right-of-way and did a curb and gutter section, including the utility area, would it be possible to have an agreement with the City to provide some kind of leniency in the setbacks for the future development of these lots, because they are so narrow? I want to keep as much developable property as possible. Mr. Whitehall asked what the setback were for building on the lots? Mr. Brisson replied, "building setbacks has to be twenty feet". Mr. Bermudez asked whether the setback was to the building or the parking? Most of those properties do not have the parking adjacent to the right-of-way. Mr. Tucker answered, "that's correct". You are only going to have a buffer of 10 foot before you start working with the parking. Mr. Tucker agreed. Mr. Tucker stated the only lot that concerns him was lot one, which is on SR70, the very front, because it is a very narrow lot. Once past the first lot, the lots get wider. If the City would allow that segment of a couple hundred feet of road to be treated one way and the rest of the road to be treated another, I could save that little bit of land mass, because that really concerns me. If we can do that, I do not a have a problem giving the City the right-of-way. Mr. Brisson reported, most people put the parking in the front yard, only because of the 20 foot setback In reality what the City would be doing, assuming you ended up with the wider road, is, require a 10 foot landscape strip, assuming you put in the parking first. Unless, with that first lot you were looking at putting the parking in the rear and using the sidewalk and 10 foot landscape as the setback, this would be different from the regulations, but may not necessarily be a bad thing. The only other issue, stated Mr. Tucker, is that we would have to go back to Riverside Bank to obtain 10 feet more on the side of that one little segment of out parcel. That whole road section would have to shift 20 feet into that narrow lot, without Riverside's participation. If on lot one, you consider the east side as the side and not the front, as far as the setbacks are concerned, and call the frontage along SR70, that may resolve the setback issue. The code says, reported Mr. Brisson, you can have 75 per cent of the setback on the side street, and 100 per cent on the front. Normally we look as the front as being where you get the access, but we have nothing in the code that says that. He does not see a problem with this. Mr. Whitehall stated, any modification made for setbacks should be noted on the final plat, so there is no ambiguity when we get ready to do the building permitting. Mr. Tucker asked whether the cul-de-sac would disappear? Would there just be a straight right-of-way that would continue to the end of the property or build the cul-de-sac now and tear it out for future development? Mr. Whitehall, replied, cul-de-sac now and tear out later for future development. Mr. Tucker said, if the cul- de-sac area falls outside the right-of-way for the temporary use until it is extended, there could be some type of developers agreement, or easement language of agreement until such time the road is extended. Mr. Whitehall agreed. Mr. Tucker said he would work with the City on that issue. Mr. Bermudez replied, that if we have the cul-de-sac, whoever is going to buy the lots at the end will lose some property. But if the road extends to the property line, there would be no question. Mr. Tucker, interjected, we will just grant the City the right-of-way, that way there will be no easement. We'll just go ahead and give it to the City. If some time in the future the City wants to abandon the right -or -way, the owner(s) of lots 5 and 6 can apply for abandonment of right-of-way. Chief Smith made a motion to approve Pre -Application Plat Review for a development of a 6 lot commercial subdivision with on -site dry detention areas and lakes to be developed in a single phase with the following contingencies: 1. Applicant will dedicate to the City 70-foot right-of-way for E 121h Avenue from the south to north property line of the subject property, including the cul-de-sac shown on the site plan. 2. Applicant shall provide a 20-foot paved roadway, including the cul-de-sac, to a point 25 feet north of the cul-de-sac. 3. Applicant shall provide a 5-foot sidewalk along the east side of NE 12th Avenue. 4. Applicant shall show setback lines for all lots on the final plat. 5. City agrees to allow/require only a 15-foot minimum building setback along the east property line of Lot 1. A 10- foot landscape buffer shall still be required along this property line; seconded by Chief Davis. (Motion carried 6-0) Memo To: Administrator Whitehall From: Betty J. Clement, General Services Coordinator Date: February 26, 2008 Subject: Park Street Business Center Please review the revised pre -application plat review for Park Street Business Center and list any comments or concerns on the revisions. Brian Whitehall, Administrator - Oscar Bermudez, City Engineer - dq Donnie Robertson, Public Works Director - Ray Schaub, Building Official -9 Bill Brisson, City Planner - g""6� D � Herb Smith Fire Chief - Loq�x_ Denny Davis, Police Uef -' John Cook, City Attorney - _of Eddie Trent, Environmental Health -D John Hayford, OUA Representative - e'Worc-Vtik 7zle—7 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 To: Council Members and Administrator Whitehall From: Betty J. Clement, General Services Coordinator Date: April 23, 2008 Subject: Park Street Business Center Preliminary Plat Review I have requested that the Technical Review Committee review the proposed Preliminary Plat for Park Street Business Center and list any comments or concerns that they may have for your review. Staff Comments: Brian Whitehall, Administrator No additional comments LaRue Planning & Management No additional comments Oscar Bermudez, City Engineer No additional comments Donnie Robertson, Public Works Director No additional comments Ray Schaub, Building Official No additional comments Herb Smith, Fire Chief No additional comments Denny Davis, Police Chief No additional comments John Cook, City Attorney Not in attendance Eddie Trent, Environmental Health No additional comments John Hayford, OUA Representative _Need language clarification of the General Notes, paragraph D IV. New Business Continued. Mr. Bill Brisson presented the LaRue Planning Staff recommendation of approval, assuming the applicant addresses several contingencies. The Committee discussed the project. Mr. Nooruddin told the Committee the offices would be medical offices. The parking required would be 1 per 180 square foot of office space. Also addressed was the on -street parking. Mr. Nooruddin reported he had been to the City Council for the 20% reduction of parking. Secretary Clement was instructed to verify the reduction. The visibility triangle was also addressed along with the easement for the sanitary sewer and the requirements for the second building, when constructed. Chief Davis moved to approve final site plan review for Physical Therapy Center located on Northeast 12th street to be developed in two phases with the following contingencies: 1. The setback of Bldg. #1 is increased to 20 feet along at least one of the two roadway frontages. 2. The landscaped parking islands and interior landscaping requirements for the parking and vehicular use areas, including the 2' landscaped strip between the sidewalk and the buildings, are modified to meet the requirements of Sec. 90-533. 3. The number of trees and shrubs and their placement along the periphery of the property are modified so as to meet the landscaped buffer requirements of Sec. 90-534. 4. A lighting plan is submitted meeting the requirements of Sec. 78-71. 5. The location of the dumpster or trash receptacles is shown and found to be acceptable and capable of providing for sufficient accessibility and maneuverability for a garbage collection vehicle. 6. Finally, it should be noted that the areas shown on the site plan as being devoted to professional offices may not be occupied by medical office uses. Since medical office uses require more parking than professional offices, occupancy by medical uses would increase the number of required parking spaces beyond that shown in the site plan and contemplated in this approval. 7. Approval of 20 % reduction in parking approved by the City Council. 8. Easement for Sanitary Sewer. 9. Visibility triangle. 10. Review and approval of additional buildings on the site; seconded by Engineer Bermudez. Motion Carried (6-0). Note: Secretary Clement verified the 20% reduction in parking granted by the City Council at the October 17, 2006 regular meeting. B. Review of Park Street Business Center Preliminary Plat Review submitted by Rudd Jones, P.E. on behalf of property owner William Grigsby, Jr. for development of a 6 lot commercial subdivision with on -site dry detention areas and lakes to be developed in a single phase for property located adjacent to SR70 between Northeast 12th and 13th Avenues — Administrator. Administrator Whitehall asked the Committee Members if there were additional comments or concerns? Mr. Hayford stated he had issues with the General Notes, paragraph D. Needs clarification from the applicant. The Committee finds this preliminary plat review meets the general purposes and objectives of pre -application plat review as stated in Sec. 86-42 of the City Code Book. This will be forwarded to the City Council for the May 6, 2008 regular meeting to be presented by the Administrator. V. Adjournment — Chairperson. 2 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 PreApplication Plat Review Prepared for: City of Okeechobee Applicant: Park Street Business Center/William Grigsby, Jr. Petition #. 08-004-TRC Staff Report Applicant's Name: William Grigsby, Jr. for Pre -Application Plat Review Park Street Business Center Petition No.: 08-004-TRC General Information Applicant/Owner William Grigsby, Jr. 518Bear Road Lake Placid, FL 33852 Applicant/Owner Phone No. 863-763-4010 Contact Person William Orazi, Rudd Jones, P.E. Contact Address: 1905 S. 25 St., Ste 200 Fort Pierce, FL 34947 Contact Phone No. 772-461-6997 Contact Fax No. 772-461-0442 ; mal Descrintion of Subiect Prang PARCEL 1 THE WEST HALF (W %) OF THE EAST HALF (E 3 ) OF THE SOUTHWEST QUARTER (SW Y*) :OF THE SOUTHEAST QUARTER (SE 34) LYING NORTH OF STATE ROAD NO. 70 (FORT PIERCE ROAD), IN SECTION 15. TOWNSHIP 37 SOUTH, RANGE 35 EAST, LESS THE FOLLOWING: BEGINNING AT THE SOUTHWEST CORNER OF THE EAST HALF (E 34) OF THE SOUTHWEST QUARTER (sw I) OF THE SOUTHEAST QUARTER (SE %) OF SAID SECTION 15, RUN NORTH 594 FEET, EAST 186.3 FEET, .SOUTH. 594 FEET; WEST 186.3 FEET TO THE POINT _OF BEGINNING. ALSO: LESS THE NORTH :50 FEET WHI04 IS RESERVED FOR ROAD PURPOSES. ALSO LESS: A STRIP OF LAND 7 FEET 'MOE SITUATE ADJACENT TO AND NORTHERLY OF THE EXISTING :66 FOOT RIGHT-OF-WAY OF STATE ROAD 70, LYING: WITHIN THE WEST X OF THE EAST M OF THE SW X OF SE 3 . SECTION 15, TOWNSHIP 37 SOUTH, RANGE .35 ;EAST, LESS THE 'VEST 186.3 FEET THEREOF; CONTAINING 0.02 OF AN ACRE, MORE OR LESS. PARCEL 2. COMMENCE AT THE NORTHEAST CORNER QE THE SOUTHWEST ONE -.QUARTER OF THE SOUTHEAST ONE -QUARTER OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, THENCE RUIN! SOUTH 00:'18' 26- EAST ALONG THE EASTERLY LINE THEREOF, 66$31 FEET TO THE POINT OF iTEQ)1`iN1iVG THENCE CONTINUE, SOUTH 001:8' :26" EAST, 276:2a FEET TO THE NORTHEAST CORNER OF PRICE ADDITION TO OKEECHOBEE CITY ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17; THENCE RUN SOUTH 89`5O' 34" WEST, ALONG THE NORTHERLYLINE THEREOF, .336.76 FEET TO THE NORTHWEST CORNER OF :SAID PRICE ADDITION; THENCE RUN NORTH 00'17' 46" WEST, ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE EAST CANE -HALF OF THE SOUTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 15, A DISTANCE OF 273.38 FEET; THENCE RUN NORTH 89'20' 47' EAST AND PARALLEL WITH THE NORTHERLY LINE OF PREVIOUSLY MENTIONED SOUTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER, A DISTANCE OF 336.71 FEET TO THE POINT OF BEGINNING. PARCEL 3 ALL THAT PART OF THE NORTH 668.71 FEET OF THE E X OF THE E % OF SW % OF SE % OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, LESS AND EXCEPT THE NORTH 50 FEET THEREOF. CONTAINING 13.94 ACRES, MORE OR LESS 2 Staff Report Pre -Application Plat Review Applicant's Name: William Grigsby, Jr. for Park Street Business Center Petition No.: 08-004-TRC This is a pre -application plat review for the above described property. The applicant would like to divide the property into six commercial lots. The materials submitted provide the general information describing the existing conditions of the site itself as required by Sec. 86-71 with the following exceptions: 1. While we understand that the Applicant may have provided some informal information pertaining to the poor quality of the wetlands, and that the state regulatory agency may have approved their being filled in, nothing specific was included with the application. 2. There is no description of the site in relation to available community facilities that serve or influence it, or description of the property in relation to surrounding uses, transportation routes, other commercial uses or places of employment, or residential concentrations, that are intended to provide linkage between the proposed subdivision and the balance of the surrounding community. Since the Applicant submitted material that appear to be intended to meet the requirements of Sec. 86-72, Staff has reviewed the submission with regard to those requirements as well. This review follows. The general information about the proposed development intended to support the drawings required under Section 86-72 has been provided. oupucate or ciose�y appro�nrna : tie name of any otters bid �r ��on �n� Q,0i. , the at (2) Key plan, shown location of tractm`reference.to other areas pf°the Yes :z-; City. (3) North arrow," graphie�sca1e,`scale, a dl data; Yes (desired and true:bearing): (4) Name ofthe bW, r_ofi:the,propeoy.or. his;authorized agerit,:. .William:Grigsby Jr. , (5) Name of registered engineer or surveyor responsible for the plat Northstar Geomatics and supporting data. (6) Tract boundaries,with angles and distances. Yes i�'F-s' 3 Staff Report Pre -Application Plat Review Applicant's Name: William Grigsby, Jr. for Park Street Business Center Petition No.: 08-004-TRC (15}<Uiitities on or adfacehVtosthe tract Indicate whBtk�er above the. 'Appearsito f�e�s��vl►� X ground>orbelow'tl e, ground. ` , ` Engineer shoi4t � firm.: (16) Sites, if any, to be -dedicated or reserved-for.pubiic use. OnlyNE 12'" Avenue;' shown as 20-foot.pave ment with 50' R-O'-W. IRMO -MMINNIMaw Staff Report • Pre -Application Plat Review Applicant's Name: William Grigsby, Jr. for Park Street Business Center Petition No.: 08-004-TRC (20}FStafements in accord withsection; 86z1(axY ?», See; above,a {2x1)<'Draft'of proposed cf'eueloper's agreement y Not provk,6 Requirements f•Commercial d y� 1 fJ AIPUSBS�sx� i��,Theneasurernensfortlaemailesipropo�ed� .>. Width 50zfeet 13equiremenant# j25'feei The Subject property is within the Commercial Land Future Land Use category and is within the CHV Heavy Commercial Zoning District, both appropriate for a commercial subdivision. Although Chapter 6 permits a cul-de-sac up to twelve hundred feet, Staff questions the appropriateness of a roadway, serving commercial businesses, accessing the property from SR 70 via only a 50-foot right-of-way and a 20-foot paved road which is 1,000 feet long ending in a cul-de-sac. Further, one would also expect a sidewalk along such a roadway. All other aspects of the Preliminary Plat submittal seem to meet the requirements. 5 Staff Report Pre -Application Plat Review Submitted by: James G. LaRue, AICP Planning Consultant January 15, 2008 TRC Hearing date: January 23, 2008 Attachment: Aerial of subject property Applicant's Name: William Grigsby, Jr. for Park Street Business Center Petition No.: 08-004-TRC 0 Staff Report • Pre -Application Plat Review Applicant's Name: William Grigsby, Jr. for Park Street Business Center Petition No.: 08-004-TRC Property Appraiser's aerial: Lane Gamiotea 06-6. Page 1 of 2 DrSkIblko II-Qf�yu From: "bhitehall"<bwhitehall@cityofokeechobee.com> To: "Mayor Kirk" <jamesekirk@comcast.net>; "Lowry Markham" <lowrymarkham@embargmail.com>; "Dowling Watford"<dowlingwatford@okeechobeeford.com>; "Clayton Williams" <cayton@bergerrealestate.com>; "Lydia Jean Williams" <Iwilliams817@comcast.net> Cc: "Robin Brock" <rbrock@cityofokeechobee.com>; "Lane Gamiotea" <Igamiotea@cityofokeechobee.com> Sent: Tuesday, June 03, 2008 2:52 PM Subject: CSX depot and train article fr Tampa Trib Good afternoon - I rec'd a call from CSX' Lori Bergeron this morning clarifying CSX's position on the depot, as a response to the letter I sent and some calls they've rec'd. She reiterated that June 30th is deadline the tenant was give notice to vacate (after a 30 day extension). CSX is willing to donate the building, but there has to be some kind of commitment with a plan of action to either move or Amtrak refurbishment. Yesterday I rec'd an email from Main Street and a subsequent visit from Terry Burroughs today confirming that Amtrak is enthusiastic about jumping into the refurbishing mode along with funding thru their'Great American Stations' grant program. I'll have available, at the Council Meeting, a letter (without all the attachments) Maureen Burroughs sent to the CSX Board of Directors today. As always, please feel free to contact me with questions or observations. Thanks -- Original Message -- From: Dowling Watford To: Brian Whitehall Sent: Tuesday, June 03, 2008 2:06 PM Subject: Fw: Tuesday's Top Stories Train ridership article interesting. DW — Original Message — From: Mike Long To: Dowling Watford Sent: Tuesday, June 03, 2008 1:57 PM Subject: Fw: Tuesday's Top Stories -- Original Message --- From: Tara Minton To: Ben Sims Brandon Tucker; Chris Close; Chuck Syfrett; Donna Helton; Hoot Worley; Keith Walpole; Libby _Maxwell; Rick Chartier ; 'Ted Kelchner' ; Terry _Burroughs; Tom Fleming ; Wes Williamson ;'Bob _Riedel' ; Bonnie_ Williams ; 'Bud Neese' ; 'Chris Sopotnick' ; 'Christa Luna' ; 'Dan Eastman' ; 'Danny_Enfinger' ; 'Ed Walpole' ; 'Erik Melville' ; 'Frank Irby' ; 'Jeff Mechlin' ; 'Jeff Sumner'; 'Jennifer Williamson'; Jenny Pung ; Joe Mullins ; 'John Burdshaw' ; 'John Williams'; Jon Geitner ; Jose Rasco ; Katie Sproul; Mark Smith; Maureen Budjinski ; Mike Long ; 'Monica_Clark' ; 'Nick —Blount'; Paul McGehee ; 'Randy Jones'; 'Robert Gent'; Robert Lee ; 'Ron Edwards' ; 'Sandy Perry'; Sonny Williamson; Steve Dobbs ; 'Steve Milrot' ;'Steve Mitch um' ; 'Tabitha Trent'; 'Tony _Stark' ;'Wendy Woodman'; 'Wes Abney'; 'Wes Harvin' Sent: Tuesday, June 03, 2008 11:28 AM Subject: Tuesday's Top Stories FPL looks to Martin Co. for large solar power plant: http://www.palmbeachpost.com/business/content/business/epaper/2008/06/03/mla_fplsolar 0603.html N FL water fight continues with new plan: http://www2. tbo. com/conte nt/2008/j u n/03/me-water-cut-wou Id nt-doom-mu ssel s-fish-officia Is-s/?news-metro Everglades Restoration at Picayune Strand, plants and animals return: http://www.sun-sentinel.com/news/local/southflorida/sfl-flapicayune06O3sbjun03,0,1725013.story Train ridership increases in SW FL: http://www2.tbo.com/content/2008/jun/03/bz-a-new-train-of-thought/?news-money 6/3/2008 Page 2 of 2 Tara Minton Executive Director Economic Council of Okeechobee P.O. Box 718 Okeechobee, FL 34973 (863) 467-0200 phone (863) 467-0489 fax www.ecookeechobee.com No virus found in this incoming message. Checked by AVG. Version: 7.5.524 / Virus Database: 269.24.6/1480 - Release Date: 6/3/2008 7:00 AM 6/3/2008 JUNE 3R° - I' READ - EXHIBIT NO. JULY 1 `T - FINAL - EXHIBIT NO. ORDINANCE NO. 1024 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 46, FIRST ADDITION TO SOUTH OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 17 OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an Alley Closing Application (No. 89) from Brad Goodbread, on behalf of the property owner(s), George A. Goodbread and GAGBEE, Inc., for the closing of a certain alleyway as described in this ordinance; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section One. The alleyway described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: The alleyway running North to South located between Lots 1 through 3 and Lots 7 through 9, of Block 46, First Addition to South Okeechobee Subdivision, according to the plat thereof as recorded in Plat Book 1, Page 17, of the public records for Okeechobee County, Florida. Section Two. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Three. This ordinance shall be set for final public hearings the 1$' day of July' 2008, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 3Id day of June, 2008. ATTEST: Jame:: E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 1" day of July, 2008. MAY 2 0 ' 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 sc 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 OKEECHOBEE P6� e d✓ STREET OR ALLEY CLOSING APPLICATION (Note: if pro is in two nalp¢s by ord "and" both signatures are required, le: Jim and Jane Doe) / . \ SIGNATURE OF CO -APPLICANT: The fore ing Instniffient was acknowledged before me this `10 i�1Jn� y Jf (date) Inca IY. �ra�and . who is a own or (applicant) (co -applicant) who produced as identification and who did (did not) take oath. Notary Public, Commission No. DD V-3s%? (signature) r. INNEINNININ11. 9 Ibis instrument was prepared by. - Return to: James hL Gaon, P. A- P. O. Box 1596 BeFicB1.aiS3tei3ot4na3 0 5No6048R40 O This Indei0re, made this FILE HUM 2447010944 OR BK 00636 PG 1729 SHARON ROBERTSON: CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYP FL RECORDED 08/07/2007 01:00:08 PM RECORDING FEES 10.00 DEED DOC 1.750.00 RECORDED BY R Parrish P9 1729► (1P9) WARRANTY DEED (STATUTORY FORM - SECTION 689.02, F.S.) N A day of / L eG t.,si EDWTA M. SIZEMORE, SR., a single person whose post office 203 S. W. 21st Avenue, Okeechobee, Florida, 34974 of the County of OkeechobV , State of Florida, grantor*, and GAGBEE, INE, VIor whose post office address is 1 of the Canty of Okeechobee wltne3SetI1 that said grantor, for Ten and no/1 and other good and valuable considerations to bargained and sold to the said grantee, and gre Okeechobee County, Florida, to -wit: corporation 70 East, Okeechobee, Florida, 34972 of Florida, of the sum of ($10.00) 2o07, Bet'WPKen grantee, In hand paid by said grantee, the receipt whereof is hereby acknowledges has granted, end 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 obee County, Florida, recorded in Plat Book 1, page 17. Subject to restrictions, reservations and easements of recoes subsequent to December 31, 2006. and said grantor does hereby fully warrant the title to said tan defend the same against lawful claims of all persons whomsoever. *"Grantor" and "grantee' are used for singular or plural, as context requires. III •tne33 Whereof, grantor has hereunto set grantor's hand and seal the day and year first a ve written. l !- nano �i�++r t M • i��N Printed name: EDWARD J. SIZEMORE, SR. tseEona Witam Grantor Printed name new% In WooD NA 17'1 Printed name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged bef me this o{ h9 day of rI tAe LAST . 2007, by EDWARD J. SMMORE, SR. He is personally kno�e or produced as identification Not&yPublic My commission expires: Linda M. Woodham Cwri fssbn # DD385441 E #ft Fobniwy 10, 2009 . , sawwnor�-��ra urraaaFto» Book636/Pagel729 CFN#2007010944 Page 1 of 1 0212812UU3 02:02 FAX (a 002/004 ' (1 7 ' t `10492 1396 7 Parcel ID Number. 3-28-37-35-0050-00460-0020 & 3-28-37-35-0060-00010-0010 Prepared by and Return to: Okeo-Tantie Title Company, Inc. 105N. W.6ihSFILET) I, Poll RECORD naot (?� f,.:.l: E CUUNTY. FL 11ti Okeechobee. Florian 3a972 383431 _os ��ri 10 PH >a: 27 Warranty Deed 5HAP0;;;;a13Z.„TS0N CLERK OF CIRCUIT COURT This Indenture, Executed dus January 7, 2003 A.D. Between SAMUEL D. EVERETT, JR., A married person, whose address 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 Bast, Okeechobee, FL 34972, hereinafter called the grantee: (whenever used heroin the term "grantor" and "grantaA" Include all the psrttes to thts instrument and the heirs, legal rapreteautsvol and aulgas of individuals, and the successors and Assigns ofewporations) Wituesseth, that the grantor, for and in consideration of the stun of Ten Dollars, ($10,00) and other valut considerations, receipt whereof Is hereby acknowledged, hereby grants, bargains, cells, aliens, remises, releases, conveys and confi onto the granite, all that certain land situate in Okeechobee Counry, Florida, viz: Lots 2, 3 and 4, Block 46, FIRST ADDITION TO SOUTH OKEECHOBEE. according W the Plot theroof.rded I. Plat Book 1, j� Page 17, Public Records of Okeechobee County, Florida. These lots lying in and comprising a pan of thatpart oftbe Fear 1/2 of VN Northeast 1/4 of Section 28, Township 37 South, Range 35 East, lying West of ParrortAvenue, Less the South 519.3 feet thereof. AND Lots 1 and 2, Block 1, ROYAL 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 pan of the South 519.3 foot of die 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 con4drution of the State of Florida. Parcel ID Number. 3-28-37-35-005040460-0020 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, hereditsmcnts and appurtenances thereto belonging or In anywise appertaining. To Have and to Hold, the sauna in fee simpk forever_ And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; the - grantor has good right and lawM authority to sell and convey said land; that the grantor hereby fully warrants the title to said laud and defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes acer subsequent to December 31, 2002. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. '�)- /, 2 t'�l (Seal S AMUEL D. EVE TT, Addmic P.O. Box 507. Okeechobee, FL 34974 Q State of Florida County of Okeechobee The foregoing instrument was acknowledged before tree this January 7, 03, B rA n, is/are personally known to me or who has produced a drivers licesu td�a 3 Docurnantary S:amps paid in th unt ° an' b rrnt Namsa Clasf C In'1anf,.i,l�paid in the arnountmycommit sl ilea PortiaLaoEaerbeo Of $ --o--- 7 A1PLaFlt'1S t a573 O�IRES December 1, 2t005 File Number: 20914' Sharon Rolior"ac.�u, Cltk erk of Circuit Court �ti'JY tomato,H UMovrum taatlmCE WC DEED Okeethobce Okeechobee Ctwt:tty, Flonda CloscrdChoicc Byl�1��t/ -6-aa 'K049k� 1020 This Document Prepared By and Return to: R. H. Barber OKEECHOBEE ABSTRACT 4 TITLE INSURANCE 207 NW 2nd Street Okeechobee, FL 34972 Parcel IDNumber. 3-28-37-35-0050-00460-0010 Warranty Deed FILED F(T RECORD ")UNTY. FLA 03 EEB -7 PH 4: 24 SNARO1; " c i SOi� C ERK OF C;!(CUIT COURT This Indenture, Made this 2nd day of January , 2003 A.D. DAVID M. CONLON and ROSE M. CONLON, his wife of the County of Okeechobee state or Florida GEORGE GOODBREAD, a single man whose address is: 12575 Hwy 70 East, Okeechobee, FL 34972 of the County of Okeechobee Between , grantors, and , State of Florida , grantee. W itnesseth that the GRANTORS, for and in consideration of the sum of -- - - - - -- -------- - - - - - -- - TEN DOLLARS ($10)----------P--------Y -- 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. Docutrientary Stamps paid in u x amount of $ 94CS o-a Class C Intangible Tax paid in ii nrrlourrt of i Sharon Robertson, Ckuk of Cirr,-�:; i'ouR OkL c iobee�County Florida .C. Data: P, --/ s't' 003 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 ve hereunto set their hands41s,tnc,"y and year first a writic�. Signed, seal d del r in on presence: Printed Name: (Seal) ,2 ONLON Witness d 80 W3rdAv jceec►o FL34972 f/( �� (Seal) Print d qhm e:. RO E M. O ON a Oiteecho I L 34972 W i tae P.O Address: 180 3rd Av STATE OF Florida COUNTY OF Okeechobee The foregoing instrument was aclmowledged before me this 2nd day of January DAVID M. CONLON and ROSE M. CONLON, his wife , 2003 by who are personally known to me orwho have produced their Florida dr ver I s liC a as identificutiun. •°� :a+ai.'•., TEDDY At1YDNS Notary Pubtk - Srate d Ftoraa Printed(N e: /to Q/�/✓ �I /jJ /17 n"0S NY Ginn Sqr i7, 2DOg A' d= Commmiaaion a Notary iC Bonded By NaGono, Notary Assn. My Commission Expires: e-6 Page 2 € &"itapt- SAS c 1, cto-?. may, � 11 �onnA �Cld�9k4 -Svc p,ns q6,1.-370g 12 tl Authorized Signature Typed Name & Title Phone No. Date Authorized Signature Typed Name & Title Phone No. Date ,�nn1iR P,,:,ra 463-7G3.2i� /�-y ^0•7 Allihffrlzid Signature Typed Name & Title Phone No. Date �A, 6. uAI A IA 416 ale. ju, F " .;/Olin l d i �Y/. �/C V A .f -2 Typed Name & Title Phone No. Date uired Onlv For Citv of Okeechobee & First Addition to Citv of Okeechobee Subdivision: Authorized Signature Typed Name & Title Phone No. Date Voice I Data I Intemet I wireless I Entertifmment April 14, 2008 Brad Goodbread 12575 Hwy 70B Okeechobee, FL 34972 EM BARQ~ Embarq Corporation HaUstop: FLAPKA 0305 P.O. Box 165000 Altamonte Spzings, FL 32716- 6000 EMMQ.CoM 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 Rave any questions, you can reach me at the number shown below. Sin s y, ,,/� A - I., 4 Ginny Graf Bolling AEAL ESTATE MAVAGER II REAL ESTATE TRANSACTIONS AND ANALYSIS. voice: (407) 869-1627 Wiroleaa: (321) 303-3258 Fax: (407) 009-1636 Page 3 Donnie Robertson, Works . Oscar Bermudez, City Date 4, '� RdLFCE - r Denny4bavis, Chief of Police Date p— Ilim tm� KOO"! I I minow SWIM mdo �Jwin oil F-71 City of Okeechobee SS SE 3`d 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 June 3, 2008 Meeti TO: Mayor & City Council FR: City Administrator RE: Activity Report • Park Street Business Center — The developer's agreement was rec'd 5/28/08 and want to have Atty Cook give it a quick look but have placed the prelim plat approval on the Agenda. • Ord #1023 rezoning for the Visiting Nursing facility — is on the Agenda for final approval (RMF to CPO). • Ord #1024 alley closing for Goodbread (GAGBEE) at Oaks Plaza — is on the Agenda for 1" Reading. • Railroad Depot update — Main Street's endeavor to attract attention to the demolition decision by CSX was accentuated by contacting Channel 25. They did a news article on 5/28. The proposed demolition has sparked some renewed interest on restoration. At the last meeting Councilman Watford mentioned his communication w/ Dade City and I have included that below: Sent: Monday, May 19, 2008 9:43 AM Subject: Dade City Train Depot Greetings from the City of Dade City. I received your email inquiry from our Main Street Director. The City of Dade City entered into an Agreement with CSX Railroad to refurbish the historic train depot.The City received funding from DOT. As part of the agreement the City has to provide CSX railroad a room for their radio equipment and access to a restroom for personnel. Amtrak began to make a stop, but there was not enough ridership to sustain an actual ticketing office. Amtrak no longer stops the train to pick up passengers, but passengers may park at the depot and then Amtrak picks them up via a bus and transports them to train station in Lakeland. We now have a local business owner who is leasing the depot and plans to make it a train museum. He owns the local Dade City Historic Trolley Tour and it will become a part of that tour. At this point the City has retained ownership of the facility thus insuring the building and providing maintenance. Please let me know if I can offer any additional information. Laura L. Beagles City of Dade City The matter has been placed back on the Agenda. I sent a letter to CSX's Lori Bergeron, which has been attached hereto. • Oaks Plaza (Goody's). SW 21 St tum 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 Page 1 share for the right hand turn lane proposition. On May a we reed 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 15d', we sent a response to Kimley-Hom that there last traffice study was misdirected by not including the lack of access to 441 in mid -block. I'm attaching a letter from LaRue's office to Kimley-Horn, that I preapproved, explaining the City's position on the traffic analysis • Billboard dispute(s) - The second reading for the rezone of the property at approx 701 SW Park is on the Agenda, with Steven Ramunni appearing. (Note: The original suit pertains to the parcel at 701 SW Park St. and again, on 117/08 +/- the City reed 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.) (Note: On 2114a007 I 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 comer (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 (#994) — LaRue's office is developing notes from the Jan 22"d meeting for use in perfecting the Ord. • Canal cleaning - Staff has discussed budgeting some $50k annually to canal cleaning. • Blue Heron - Apparently there is yet another developer interested in rejuvenating the Golf Course and taking off w/ the Sebring developer's plan, as expressed by Leo Salomon, Architect, Plantation, FL. 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 proiect -Recent conversation w/ Atty Cook revealed that the Petitioners have dropped their petition. Engineering: • Eng Bermudez has been/will be on vacation until June 2"d Page 2 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 2120107 meeting - The Code (LDR Ch 78, Sec 78-9 (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. Finance: • Health Insurance — I'm really concerned about this year's renewal, as initial indications are a 20% increase. Have asked Finance to investigate the Public Risk Management health insurance program as a possible alternative. • Financial Report — we hope to have the auditors make the annual presentation at the July 1st meeting. Fire: • Fire Union Contract — Sent the last contract to the Fire Union but have not rec'd an executed copy to date. General Services: • Building permit fees — Rec'd an updated list of proposed fees from Independent Inspectors on May 28th. Will review and come up w/ our proposal. Police: • 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. Public Works: • Commerce Park Lakes — The contractor has been perfect in his performance and invested the appropriate amount of equipment and manpower to knock out the Lakes. As of 5/28/08 they were finishing up the actual excavation and looking to sod and seed the area with inlet structures installation to be done thei next week. • Street Asphalt proiect - Opened bids on May 12th awarded on May 20th and the Contractors are still perfecting their project does. Again, we've done preliminary work on design of curbing around the median (bled) strips to help clean them up and we plan to sit down with school reps to discuss some of our concerns 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. • Traffic counts at north 9th Street — Nothing new to report. • 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 Page 3 side of Lot 15, Commerce Park to store our junk'. The area in the Commerce Park wetland is a continuous cleaning project. • Employee Spotlight:- Brook Conway, Firefighter/EMT • Strengths - Loyal, leadership qualities, accepts additional tasks without complaint • Tenure-1/24/2007 • Member of Technical Rescue Team for Okeechobee • Accepted to take on leadership role when department was lacking in step up officers. Brook has an excellent attitude and seems to have the department and City's best interest in mind Chief Smith, "Brook has been a good asset for our department and I think he will be a good resource in the future when leadership needs arise. He is currently working on his Fire Officers and Fire Inspector Certifications as well as obtaining his AS Degree in Fire Science" Page 4 G\�y OF , O,-, City Of Okeechobee IL m 0 - � doa 11915 Brian Whitehall Office of the City Administrator May 28, 2008 Lori Bergeron CSX 301 West Bay Street Suite 800 Jacksonville, FL 32202 RE: Okeechobee Depot Dear Ms. Bergeron, As you recall, I briefly spoke to you last week about the depot here in Okeechobee and the historical value to the community. Since that time, I've been advised by the Okeechobee Main Street, via a conversation with the tenant at the depot, that demolition is scheduled for June 30t'.. I think I mentioned at the time of our conversation that there is a groundswell of support to save the depot from demolition and while the matter was not the priority it appears to be now, the City publicly supported Main Street's endeavor that started over a year ago. I met with a CSX representative, I believe it was Nikki Eskow, at the site, and we concurred that if the City was inclined to accept the depot, CSX would donate same. Admittedly, the City and Main Street have not consummated the acquisition and perhaps things have changed, but, as we discussed. this letter is to formally request a dialog about what our options might be. I've included herewith a copy of the Memo I sent to the City Council prior to the last - Council meeting. The next meeting is scheduled for June 3' , and the matter has been placed back on the agenda for further discussion. Thanks, in advance, for contacting me to further discuss the matter. Sincerely, '1--7 _ 'A&- ENC 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 LARUE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 • FAX: 239-334-6384 MEMORANDUM DATE: May 19, 2008 TO: Adam Kerr, Ryan Johnston, Steve Fisher, Brian Whitehall FROM: Jim LaRue and Bill Brisson RE: Goody's/Oaks Plkaza. project: Most recent TIA and access to US 441 We have received the most recent Traffic Impact Analysis for the Goody's Center prepared by Kimley-Hom and accompanying letter to Mr. Salehi responding to his comments pertaining to Section A. It is noted throughout the memo that: "Per discussions with City of Okeechobee staff, this study was completed with the assumption that the right-inlright-out driveway would remain on US 441 as proposed. " As far as it goes, we agree with this statement. However, as you will recall, the Staff has been concerned about the appropriateness of this access point and consistently requested that the Applicant provide the City with a letter from the FDOT confirming that the right-in/right-out would be permitted. We have, on a number of occasions, informed the Applicant that the e-mail from Mr. Donald Cashdollar of the FDOT to Mr. Steven Dobbs, dated December 31, 2007, which noted that the FDOT's opinion contained therein was based on an analysis "... done as a cursory effort..." was not adequate documentation to convince the City that the access point was appropriate or acceptable. During our telephone conference call on April 9, 2008 we suggested that it would be best if the Applicant were to revise the TIA to reflect two situations — one with the US 441 right-in/right-out driveway and one without the driveway. However, Mr. Ryan Johnston stated the Applicant would "proceed on the basis that the right-in/right-out on US 441 is allowed, and that it would be at their risk." Mr. Whitehall agreed with that proposition in that the Applicant would be at risk in proceeding as it relates to the eventual TRC review and City Council action should the FDOT not confirm approval of the access driveway onto US 441. Since the Applicant had not furnished a confirmation letter from the FDOT, we took the initiative and contacted the FDOT in an attempt to determine whether or not the right-in/right-out would be allowed by the FDOT. In our discussion with Mr. Cashdollar, he referred us to the Access Man- agement Section. We recently received an e-mail from Access Management informing us that no access would be allowed on US 441. Copies of the e-mail correspondence, between Mr. Salem and the FDOT, concerning this issue are attached. This turn of events requires that the Applicant's computation of the fair share of the needed trans- portation improvements attributable to the Goody's project be based upon ingress and egress to/from the project being provided in a manner other than from US 441 (e.g., with main ingress and egress from signalized SW 21s' Street and secondary access from SW 22°d Street). There- fore, the most recently submitted Traffic Impact Analysis (TIA) does not address the situation in light of the necessary revision to the patterns of ingress and egress. If the Applicant should wish to proceed, in order to determine the fair share of improvement costs attributable to the Goody's project, any future TIA should provide in the summary of findings a simple, objective statement of the volume of traffic associated with SW 2Is' Street generated by the project compared to the increase in capacity of the intersection afforded by the transportation improvements proposed. Further, to avoid misunderstanding, the Applicant should confirm with Mr. Salehi the specific data needed, how to treat background traffic, and how seasonal adjust- ments should be made. 2 MEL MARTINEZ FLORIDA I202I 224-3041 United states senate WASHINGTON. DC 20510-09(_)6 May 7, 2008 The Honorable Jim Kirk Mayor City of Okeechobee 55 SE 3rd Ave. Okeechobee, Florida 34974-2903 Dear Mayor Kirk: COMMITTEES. ARMEC SERVICES ENERGY AND NATURAL RESOURCES SPECIAL COMMITTEE ON AGING BANKING. HOUSING AND URBAN AFFAIRS Thank you for contacting me regarding homeowner's insurance rates and policies. I appreciate hearing from you and would like to take this opportunity to respond. As you may know, regulation of this issue falls under the jurisdiction of Florida state and local governments. Insurance companies have been regulated solely by the states for the past 150 years. As a federal legislator, I do not have input on legislation under consideration in the Florida state legislature. For this reason, I recommend that you contact your state and local representatives with your views on this issue. In the meantime, I have taken the liberty of forwarding your correspondence to officials at the Florida Department of Financial Services —the state agency responsible for insurance oversight —so that they may provide you with additional information on this issue. I have asked that any response be addressed to you directly. I hope this information will be of assistance to you. Please do not hesitate to contact me with any further comments or questions you may have. In addition, for more information about issues and activities important to Florida, please sign up for my weekly newsletter at http://martinez. senate.�ov. MM/j cg Sincerely, A/ 04e I Mel Martinez United States Senator PRINTED ON RECYCLED PAPER Okeechobee High School Toni Wiersma, Principal 2800 Highway 441 North Okeechobee, FL 34972 Phone (863) 462-5025 . Fax (863) 462-5037 94onday, Way 1-0. 2008 City of Okeecho6ee SWayorlames Kirk SS SE 3'"dAve. Okeechobee, Florida 34974 Dear 9Kr. Kirk Assistant Principals Debbie Gillis Sean Downing Athletic Directors Nathan Owen Heather Stillians On behalf of the "Brahman Busters" of Okeechobee 9figh School Crime Watch, I woufd like to thank you for your support with the "Act Out Loud" contest. By proclaiming the month of 9Kay as "National2'outh Traff c Safety 9Konth ; you have helped local teens address the importance of safe driving. Okeecho6ee ,,TWh School placed 4'h in the nation! 9hiis is an honor for our students that have worked hard to raise awareness for safe teen driving. Car crashes continue to 6e the No. 1 kiQer of youth in the Vnites States. Again, we thankyou foryoursupport with this project andaQof those that votedforO.-qf:S.! IMth Kindest ftards, (Pattie 94ua ns/0.7f.S. (Project Advisor act OU l ( ) ( i I I Statutes & Constitution :View Statutes :->2007->Ch0163->Section 3227 :Online Sunshine Page 1 of 2 Select Year: 2007 Go The 2007 Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL Chapter INTERGOVERNMENTAL RELATIONS PROGRAMS 163.3227 Requirements of a development agreement.-- (1) A development agreement shall include the following: (a) A legal description of the land subject to the agreement, and the names of its legal and equitable owners; (b) The duration of the agreement; (c) The development uses permitted on the land, including population densities, and building intensities and height; (d) A description of public facilities that will service the development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities are available concurrent with the impacts of the development; (e) A description of any reservation or dedication of land for public purposes; (f) A description of all local development permits approved or needed to be approved for the development of the land; (g) A finding that the development permitted or proposed is consistent with the local government's comprehensive plan and land development regulations; (h) A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the local government for the public health, safety, or welfare of its citizens; and (i) A statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction. (2) A development agreement may provide that the entire development or any phase thereof be commenced or completed within a specific period of time. http://www.leg.state.fl.us/Statutes/index.cf n?App_mode=Display_Statute&Search String=... 6/3/2008 Statutes & Constitution :View Statutes :->2007->Ch0163->Section 3235 :Online Sunshine Page 1 of 1 Select Year: 2007 Go The 200'7 Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL Chapter INTERGOVERNMENTAL RELATIONS PROGRAMS 163.3235 Periodic review of a development agreement. --A local government shall review land subject to a development agreement at least once every 12 months to determine if there has been demonstrated good faith compliance with the terms of the development agreement. For each annual review conducted during years 6 through 10 of a development agreement, the review shall be incorporated into a written report which shall be submitted to the parties to the agreement and the state land planning agency. The state land planning agency shall adopt rules regarding the contents of the report, provided that the report shall be limited to the information sufficient to determine the extent to which the parties are proceeding in good faith to comply with the terms of the development agreement. If the local government finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the development agreement, the agreement may be revoked or modified by the local government. History.--s. 27, ch. 86-191; s. 12, ch. 92-129. Copyright © 1995-2008 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/Statutes/index.cfin?App_Mode=Display_Statute&Search String=... 6/3/2008 Statutes & Constitution :View Statutes :->2007->Ch0163->Section 3239 :Online Sunshine Page 1 of l Select Year: 2007 Go The 200'7 Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL Chapter INTERGOVERNMENTAL RELATIONS PROGRAMS 163.3239 Recording and effectiveness of a development agreement. --Within 14 days after a local government enters into a development agreement, the local government shall record the agreement with the clerk of the circuit court in the county where the local government is located. A copy of the recorded development agreement shall be submitted to the state land planning agency within 14 days after the agreement is recorded. A development agreement shall not be effective until it is properly recorded in the public records of the county and until 30 days after having been received by the state land planning agency pursuant to this section. The burdens of the development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement. History.--s. 29, ch. 86-191; s. 13, ch. 92-129. Copyright © 1995-2008 The Florida Legislature - Privacy Statement - Contact Us http://www.leg.state.fl.usIStatutes/index.cf n?App_mode=Display_Statute&Search String=... 6/3/2008 IBIT "E 3, 2008 PARK STREET BUSINESS CENTER Development Agreement This Development Agreement is entered into this _ day of May, 2008 by and between the City of Okeechobee, a municipal corporation under the laws ofthe State ofFlorida, having its principal office at 55 S.E. 3rd Avenue, Okeechobee, Florida 34974 hereinafter (hereinafter the "City"); and William R. Grigsby, Jr., whose address is 518 Bear Road, Lake Placid, Florida 33852 (hereinafter the "Developer"). WHEREAS, the City of Okeechobee is authorized to enter into a Development Agreement to promote certainty in the development approval process, strengthen the public planning process, encourage sound capital improvement planning and financing, assist in ensuring that there are adequate capital facilities for the development, encourage private participation in comprehensive planning, and reduce the economic costs of development; and WHEREAS, the Developer owns a 13.96 acre development located in Section 15, Township 37 South and Range 35 East in Okeechobee, Florida, legally described on the attached Exhibit "A", on which the developer intends to develop a commercial business park known as Park Street Business Center (hereinafter the "Property"); and WHEREAS, the City acknowledges that the proposed development of the property will benefit the City's residents and is an appropriate use of the property; and WHEREAS, the parties wish to establish by agreement the terms under which the property may be developed; and NOW, THEREFORE, in consideration of the covenants and conditions contained herein and of benefits accrued to each party, the City and Developer agree as follows: 1. Recitals. The foregoing recitals are assumed correct and are hereby incorporated herein by reference. All exhibits to this Agreement are hereby deemed a part hereof. 2. Property. The Property herein described and attached (Exhibit "A") is subject to this Agreement. 3. Ownership. The Developer represents that he is the fee owner of the property and as such may lawfully enter into this Agreement. 4. Consistency with the City's Comprehensive Plan. The Property is within the Commercial land use classification of the City's Comprehensive Plan and therefore a platted commercial business park will be consistent with the City's adopted comprehensive plan. 5. Consistency with the City's Land Development Regulations. The property is currently zoned CHV - Heavy Commercial, which is consistent with the establishment of a platted commercial business park which will in turn allow development of the platted lots in accordance with the City codes and regulations for permitted principal uses established for a CHV zone as provided by the City's Land Development Regulations. 6. Development of the Property. The Developer has prepared site plan which demonstrates the Developer's design of the overall project and which has been approved by the City's Technical Review [4667-76922.WPD] Committee (TRC). Developer agrees that final development will be in substantial compliance with the approved site plan (hereinafter the "Site Plan") as attached hereto as Exhibit `B". The Developer shall commence construction upon receipt of all necessary governmental permits and approvals and complete construction within twenty-four months thereafter. 7. Exceptions/ Participations. There are no exceptions or waivers to requirements of the City's Code requirements and no participation expected from the City. Therefore, there is no lien requirement for this Agreement. 8. Upon final plat approval, the Developer shall convey to the applicable governmental agency all water, wastewater and storm lines installed within the dedicated public right-of-way. 9. The Developer shall maintain and repair the dedicated streets within the subdivision for a period of one year following completion and prior to the Developer's request for the City to accept maintenance. Upon such request, assuming the streets have been certified and approved by the City engineer, the City will accept such streets for maintenance thereafter. 10. Concurrency. Based upon the Site Plan, water and sewer requirements will be met by establishment of water and sewer connections to the Okeechobee Utility Authority municipal facilities. As this is a only a six lot commercial project, recreation/open space requirements are inapplicable and there is no appreciable impact upon the City's transportation system. 11. Vested Rights. Provided the Developer fulfills its obligations under this agreement, upon final plat approval and upon final certification and acceptance of the road dedication, the project shall be deemed concurrent as to transportation and recreation/open space and shall have no other obligations under the City's Concurrency Management Plan as to transportation facilities or recreation/open space facilities. Upon completion of the project, the Developer shall furnish the City Engineer with "as built" plans for any improvements being dedicated to the public. 12. Applicable Land Use Regulations. Pdrsuant to Florida Statutes § 163.3223, development within the property shall be subject to the City's land development regulations and policies governing development at the time the Agreement is executed by the City, except as may be modified by the Agreement. The City may apply subsequently adopted regulations and policies only in accordance with that Statute. The failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Developer ofthe necessity ofcomplying with the law governing said permitting requirements, conditions, terms or restriction. 13. Duration of Agreement. This Agreement shall remain in full force and effect for ten (10) years from its effective date unless terminated earlier as provided in this Agreement. The duration ofthis Agreement may be extended with the Party's mutual consent in accordance with Florida Statutes § 163.3229. However, the termination of this Developer's Agreement shall not affect the zoning or uses on those portions of the Property if any portion of the Property has been improved or if any portion of the Development has been constructed. 14. Amendments and Termination. Except as provided by paragraph 19, below, this Agreement may only be amended or terminated with the Party's mutual consent. 15. Notices. All notices required are permitted under this Agreement shall be in writing and shall be mailed by certified mail, return receipt requested to the following addresses or to other such persons or [4667a6922.wPD] - Page 2 of 6 addresses as any Party may designate from time -to -time in writing. If to the Developer: William R. Grigsby 518 Bear Road Lake Placid, Florida 33,952 If to the City: City of Okeechobee 55 S.E. Yd Avenue Okeechobee, Florida 34974 16. F emedies. Any material breach ofthis Agreement may be enforced by either Party as against the other in an appropriate action in law or equity filed in a Court of competent jurisdiction; provided, however, no such action may be brought until the defaulting Party has been given notice and thirty (30) days in which to cure the default. Ifthe default cannot be reasonably cured within the thirty (30) day period, such period shall be extended ifthe cure is commenced within such thirty (30) days and the defaulting Party is proceeding with due diligence for such period oftime reasonably required to complete the cure. If such material breach should occur prior to issuance of final Plat approval, the City retains the right to withhold the approval of the final Plat until the resolution of the alleged breach. 17. Governing Law. "l his Agreement shah be construed and interpreted according to the laws ofthe State'' of Florida, and venue with respect to any litigation between the Parties related to this Agreement shall be exclusively in Okeechobee County, Florida. 18. Severability. If any part, term, or provision of this Agreement is held to be illegal, void, or unenforceable, the remaining portions or provisions ofthis Agreement shall not be affected or impaired. Each remaining provision shall remain in full force and effect and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. 19. Entire Agreement. This Agreement embodies the whole Agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, regarding the development of the property between the Parties. 20. Conflicts ofLaw. If State or Federal laws are enacted subsequent to the execution ofthis Agreement which are applicable to and preclude either Party's compliance with the terms of this Agreement, this Agreement shall be modified as is necessary to comply with the relevant state or federal laws. 21. Covenants Running with the Land,. its Successors and Assigns. The obligations imposed and entitlements created pursuant to this Agreement shall run with and bind the property as covenants running with the land, and this Agreement shall be binding upon and enforceable by and against the Parties hereto, their personal representatives, heirs, successors, grantees and assigns. 22. Effective Date. This Agreement shall become effective upon execution by both parties, provided however, that until preliminary plat approval by the City and commencement of construction, the Developer may elect to terminate this agreement and abandon or reconfigure the project. IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands and seals the day and year (4667-76922.wPD] Page 3 of 6 first above written. William R. Grigsby Attest: James E. Kirk, Mayor City of Okeechobee Lane Gamiotea, CMC, City Clerk Countersigned: Brian Whitehall, City Administrator [4667-76922.WPD] Page 4 of 6 Exhibit "A" Legal Description PARCEL I (PER O.R.B. 527, PGS. 869-870): THE WEST HALF (W'/2) OF THE EAST HALF (E'h) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) LYING NORTH OF STATE ROAD NO. 70 (FORT PIERCE ROAD), IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, LESS THE FOLLOWING: BEGINNING AT THE SOUTHWEST CORNER OF THE EAST HALF (E'/z) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 15, RUN NORTH 594 FEET, EAST 186.3 FEET, SOUTH 594 FEET; WEST 186.3 FEET TO THE POINT OF BEGINNING. ALSO LESS THE NORTH 50 FEET WHICH IS RESERVED FOR ROAD PURPOSES. ALSO LESS: A STRIP OF LAND 7 FEET WIDE SITUATE ADJACENT TO AND NORTHERLY OF THE EXISTING 66 FOOT RIGHT OF WAY OF STATE ROAD 70, LYING, WITHIN THE WEST '/2 OF THE EAST 'h OF SW 1/4 OF SE 1/4, SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, LESS THE WEST 186.3 FEET THEREOF; CONTAINING .02 OF AN ACRE, MORE OR LESS. PARCEL 2 (PER O.R.B. 528, PGS. 1342-1343): ALL OF LOTS I THROUGH 12, INCLUSIVE, LYING NORTH OF NORTH PARK STREET (A/K/A S.R. 70 F/K/A FORT PIERCE ROAD) AS NOW CONSTRUCTED, IN BLOCK 4, PRICE ADDITION TO OKEECHOBEE CITY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PARCEL 3 (PER O.R.B. 528, PGS. 1342-1343): COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, THENCE RUN SOUTH 00018'26" EAST ALONG THE EASTERLY LINE THEREOF, 668.71 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00°18'26" EAST, 276.28 FEET TO THE NORTHEAST CORNER OF PRICE ADDITION TO OKEECHOBEE CITY ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17; THENCE RUN SOUTH 89°50'34" WEST, ALONG THE NORTHERLY LINE THEREOF, 336.76 FEET TO THE NORTHWEST CORNER OF SAID PRICE ADDITION; THENCE RUN NORTH 00° 17'46" WEST, ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE EAST ONE-HALF OF THE SOUTHWEST ONE - QUARTER OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 15, A DISTANCE OF 273.38 FEET; THENCE RUN NORTH 89020'47" EAST AND PARALLEL WITH THE NORTHERLY LINE OF PREVIOUSLY MENTIONED SOUTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER, A DISTANCE OF 336.71 FEET TO THE POINT OF BEGINNING. PARCEL 4 (PER O.R.B. 528, PGS. 1342-1343): THE ALLEY IN BLOCK 4, PRICE ADDITION TO OKEECHOBEE CITY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, LYING BETWEEN LOTS 1-6 AND 7-12. [4667-76922.WPD] Page 5 of 6 PARCEL 5 (PER O.R.B 528, PGS 1342-1343: THE STREET KNOWN AS NORTHEAST 2ND STREET (F/K/A CENTER STREET) AS IT RUNS EAST FROM NORTHEAST 12TH AVENUE TO NORTHEAST 13TH AVENUE, PARTICULARLY LOCATED NORTH OF BLOCK 4, PRICE ADDITION TO OKEECHOBEE CITY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PARCEL 6 (PER O.R.B 554, PG 338): ALL THAT PART OF THE NORTH 668.71 FEET OF THE E '/2 OF THE E '/2 OF SW 1/4 OF SE 1/4 OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, LESS AND EXCEPT THE NORTH 50 FEET THEREOF. [4667-7692l W PD] Page 6 of 6 •4 - . City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Florida 34974 Phone: (863) 763-3372 ext. 218 Fax: (863) 763-1686 14.�MIM 3 Date Received: L� 3 0 g MAY 20, 2008 Date Distributed to City Staff and TRC: I a 7j j Property Taxes Paid Verification: J. q Date of City Council Review: f { Council Action: APPLICATION FOR PRFI_IMINORV PI ATTI!M Z nR cI iRnivinlNr: oQnoce-ry 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 A P CONTACT PERSON: BRANDON TUCKER P CONTACT PERSONS PHONE: 863-763-4010 FAX: 863-763-1376 L I ENGINEER: RUDD JONES, P.E. & ASSOCIATES, P.A. PHONE: 772-461-6997 C ADDRESS:1905 S. 25T" ST., SUITE 200, FORT PIERCE, FL 34947 FAX: 772-461-0442 A N SURVEYOR: NORTHSTAR GEOMATICS PHONE: 772-781-6400 T ADDRESS: PO Box 2371, STUART, FL 34995 FAX: 772-781-6462 P R 0 P DESCRIPTION OF PROJECT INCLUDING ALL PROPOSED USES: DEVELOPMENT OF A SIX (6) LOT COMMERCIAL SUBDIVISION W/ ONSITE DRY DETENTION AREAS AND LAKES. E R NUMBER/DESCRIPTION OF PHASES: ONE (1) T Y LOCATION OF/DIRECTIONS TO THE PROJECT: LOCATED ON THE NORTH SIDE OF SR 70 BETWEEN 12" 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 12:21p RUDD JONES PE ASSOC 772 461 0442 p.3 ADDITIONAL IMPERVIOUS SURFACE: SQUARE FEET ACRES % OF SITE PROPOSED TOTAL IMPERVIOUS SURFACE: 10.06 ACRES: 71% OF SITE ICURRENT ZONING: CHV CURRENT FUTURE LAND USE: COMMERCIAL L CONFIRMATION OF INFORMATION ACCURACY i hereby ce.-tijy that the intonation in this application is cvrrecl. The intrma6on included in this application is 1o► use by the City of Okeechobee in processing my request. Fafse or misleading info nrarion maybe punishable by a .W of up to 5500.00 and imprisonment of up b 30 days and may result in the Summarydenial of this appication. l s ri nted Name Date -- Page 1 of 2 bwhitehall From: "bwhitehall" <bwhitehall@cityofokeechobee.com> To: "Mayor Kirk" <jamesekirk@comcast.net>; "Lowry Markham" <Iowrymarkham@embargmail.com>; "Dowling Watford" <dowlingwatford@okeechobeeford.com>; "Clayton Williams" <cayton@bergerrealestate.com>; "Lydia Jean Williams" <Iwilliams817@comcast.net> Cc: "Robin Brock" <rbrock@cityofokeechobee.com>; "Lane Gamiotea" <Igam iotea@cityofokeechobee. com> Sent: Tuesday, June 03, 2008 2:52 PM Subject: CSX depot and train article fr Tampa Trib Good aftemoon- 1 rec'd a call from CSX' Lori Bergeron this morning clarifying CSX's position on the depot, as a response to the letter I sent and some calls they've rec'd. She reiterated that June 30th is deadline the tenant was give notice to vacate (after a 30 day extension). CSX is willing to donate the building, but there has to be some kind of commitment with a plan of action to either move or Amtrak refurbishment. Yesterday I rec'd an email from Main Street and a subsequent visit from Terry Burroughs today confirming that Amtrak is enthusiastic about jumping into the refurbishing mode along with funding thru their'Great American Stations' grant program. I'll have available, at the Council Meeting, a letter (without all the attachments) Maureen Burroughs sent to the CSX Board of Directors today. As always, please feel free to contact me with questions or observations. Thanks — Original Message — From: Dowling Watford To: Brian Whitehall Sent: Tuesday, June 03, 2008 2:06 PM Subject: Fw: Tuesday's Top Stories Train ridership article interesting. DW — Original Message — From: Mike Long To: Dowling Watford Sent: T, o�a-- une Strand, plants and animalsxeturn: Everglades Restoration at mine ice une06C �,�n-sentinel.coml� sllocallsouthfloridalsfl- a n ndership incre sa es in SW FL: httD_ 1, O'COmlcontentl2008Jun1 Tara Minton Executive Director obee Economic Council of Okeeo L 34973 P.O. Box 718 Okeebee (863) 467-0200 phone (863) 467-0489 fax www.ecookeechobee.com this incoming message. No virus found Release Date: 6/3/2008 7:00 AM Checked by AVG. Database; 269,24.6/1480 - Version: 7.5.524 / Virus page 2 of 2 OKEECHOBEE ;MAIN STREET, INC. t 111 N.E. 2nd Street . Okeechobee, FL 34972 . Phone 863.357.MAIN . Fax 863.457.8488 obi U, a.e4 " *,-w VtiIzfn,t June 3, 2008 CSX Board of Directors Office of Corporate Secretary 500 Water St, C160 Jacksonville, FL 32202 Dear CSX Board of Directors, As President of Okeechobee Main Street, Inc. I would like your consideration for reviewing an issue that is impacting our community. I am requesting a meeting in Okeechobee with a representative from CSX, City, County, -Main Street, Historical Society and Amtrak to tour the terminal section of the depot and discuss the issues with restoring the depot and its being on the National Register of Historic Places. Okeechobee's train depot was built circa 1926 but has not been used as an active terminal for many years. Amtrak provides service to over 3,000 customers this past year but passengers must wait in the dirt in a Plexiglas shelter that does not shield them from the elements. We have been actively pursuing public ownership of the depot to restore it and use it as a transportation center for several years. We feel that with the current economic situation and high gas prices that the number of passengers will increase. The depot is divided into two parts, the terminal and the freight area. The freight area has been rented for 10 years by a feed supply company. That company has made improvements such as the roof repair, rebuilt the loading dock and rewired their part. It passes City and Fire inspection for occupancy. The terminal end is boarded up and we have not been allowed to see the condition of it. CSX does use that space for storage. _ Main Street has researched grant monies for restoration but the building must be publicly owned. Amtrak is also very interested in the restoration of this depot and has offered us support through The Great American Stations grant program. The public is very interested in having a viable station to use. We thought we were making progress with CSX regarding the disposition of the depot: however, CSX notified the lessee that they were evicted and the "wrecking ball is scheduled for June 30th". "The depot is too close to the tracks and it is a safety issue." It is hard to imagine the accuracy of that statement. You will find a picture in the enclosures that show the proximity of the depot to the tracks as well as other non-CSX www.mainstreetokeechobee.com buildings. This is very disturbing that we would lose yet another piece of our history. Okeechobee has very few places of historic importance and the train is so important to our history. Given our location between the coasts, the railroad put Okeechobee on the map. It allowed us to ship cattle, citrus and catfish to other areas and was a boon to our community. It is disappointing and frustrating that we cannot raise concern with anyone at CSX. Your Code of Ethics defines core values: • "Become easier to do business with." • "CSX works hard to earn and maintain the respect of the communities we serve." • "Take action to eliminate situations that negatively impact the environment." May we please schedule a meeting to discuss this at your earliest convenience? I can be reached on 863-763-2225 or email at s-,/bles@embarqmaii.com Thank you and I look forward to meeting with you. Maureen Burroughs President Okeechobee Main Street, Inc. Enclosures: 1. Historical Structure Form, Florida Master Site File 2. Documents supporting Main Street's commitment 3. Documents to CSX regarding a land swap 4. Picture of passenger waiting area today 5. Picture of depot's position to tracks 6. Picture of surrounding area of depot 7. Newspaper articles (local) 8. Okeechobee Main Street, Inc. organization