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2008-10-07CITY OF OKEECHOBEE OCTOBER 7, 2008 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 6 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II I. CALL TO ORDER - Mayor: October 7, 2008, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Reverend Jim Dawson, First United Methodist 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 Kim Barnes with a Five -Year Certificate of Service Mayor Kirk called the October 7, 2008 Regular City Council Meeting to order at 6:00 p.m. Invocation was offered by Reverend Jim Dawson of the First United Methodist Church; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Mayor Kirk presented a Certificate of Longevity and an engraved cross pen to honor Mrs. Kim Barnes for five years of service with the City. The Certificate read, "In appreciation for your five years of hard work and dedication with the City of Okeechobee, October 20, 2003 through October 20, 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." M�r OCTOBER 7, 2008 - REGULAR MEETING - PAGE 2 OF 6 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Member L. Williams moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the September 16, 2008 City Council First Budget September 16, 2008 City Council First Budget Hearing and Regular Meeting and the September 30, 2008 Final Budget Hearing and Regular Meeting and the September 30, 2008 Final Hearing; seconded by Council Member C. Williams. There was no discussion on this item. Budget Hearing. 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? agenda. 11 There were none. VII. NEW BUSINESS. A.1. a) Motion to read by title only, and set October 21, 2008 as a final public hearing date for proposed Ordinance No.1030 regarding Re- zoning Application No. 08-005-R, submitted by Jerry Suarez, rezoning 1.5 acres located at 701 Northeast V Street, Block 116, City of Okeechobee, from RSF-1 and IND to CHV - City Planning Consultant (Exhibit 1). Council Member Watford moved to read by title only, and set October 21, 2008 as a final public hearing date for proposed Ordinance No,1030 regarding Rezoning Application No. 08-005-R, submitted by Jerry Suarez, rezoning 1.5 acres located at 701 Northeast 3r° Street, Block 116, City of Okeechobee, from RSF-1 and IND to CHV; seconded by Council Member L. Williams. b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. C) City Attorney to read proposed Ordinance No.1030 by title only. Attorney Cook read proposed Ordinance No, Ordinance No.1030 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE B YREZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF,fi) AND INDUSTRIAL (IND) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THEZONINGMAPACCORDINGL Y; PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No, 111 Council Member Markham moved to approve the first reading of proposed Ordinance No.1030; seconded by Council 1030. Member C. Williams. A P%n"n oinno n r% AGENDA vv.-1A , wvv - 1%GVVGMR 111GG1117�7 - rrw� �r v COUNCIL ACTION - DISCUSSION - VOTE VII. NEW BUSINESS CONTINUED. A. 2. b) Discussion. The ordinance pertains to Rezoning Petition No. 08-005-R submitted by property owner Jerry Suarez. The request is to change the zoning district from RSF-1 and IND to CHV to allow a commercial office building and continued use of the commercial fish house on the subject property. The property is 1.5 acres located at 701 Northeast 3`d Street, Block 116, City of Okeechobee Subdivision. The Planning Board reviewed the application at their September 18, 2008 meeting with a final recommendation of a five to two vote for approval to change the designation from RSF-1 and IND to CHV. Planning Staff recommends to deny the petition as a CHV Zoning District, but to approve as a CLT zoning District. Mr. Brisson briefly reviewed the revised Planning Staff Report. Mayor Kirk asked whether there were any questions or comments from the public? Mrs. Anita Nunez was present on behalf of Mr. Suarez, and presented a preliminary drawing of the project to the Council. She stated that it would not be in the best interest of the property owner to change the Zoning District to CLT as then a Special Exception would be needed. Council Member Watford asked what would be the effects of the CLT Zoning District? Mr. Brisson remarked that it would limit the uses and put conditions as the use of the final project is uncertain. Traffic is a great concern. Council Members Markham and L. Williams agreed that the project will be an asset to the area but traffic is a great concern and a traffic study will be necessary at site plan review. Mr. Mike O'Connor, residing at 105 Southwest Park Street, commented that an outlet for traffic would be Northeast 61h Avenue. Walpole Trucking uses this route for passing through the residential areas. Council Member Watford moved to amend Ordinance No. 1030 from RSF-1 and IND to CLT: seconded b Council Member Markham. VOTE TO AMEND KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - NAY MOTION CARRIED. c) Vote on motion, VOTE AS AMENDED KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - NAY MOTION CARRIED. 185 OCTOBER 7, 2008 - REGULAR MEETING - PAGE 4 OF 6 AGENDA VII. NEW BUSINESS CONTINUED. B. Motion to approve the Fire Union Contract - City Administrator (Exhibit 2). C. Discussion pertaining to the traffic analysis for Oaks Plaza - Brad Goodbread (Exhibit 3). D. Motion to approve a Developer's Agreement for Park Street Business Center - Bill Orazi (Exhibit 4). COUNCIL ACTION - DISCUSSION - VOTE Council Member Watford moved to approve the Fire Union Contract seconded by Council Member C. Williams. There was a brief discussion as the contract was the same as last years. VOTE KIRK - YEA MARKHAM -YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Mr. Steve Dobbs of Rudd Jones and Associates was present on behalf of property owner Mr. Brad Goodbread and developer Mr. Steve Fisher. He recalled that it has been a year ago since this project was presented before the City Council. (It was presented to City Council at the February 5, 2008 meeting, no official action was taken, more information was needed). Mr. Dobbs remarked that the developer has lost potential clients due to the delay with this project. They are proposing to donate land for a turning lane regardless of whether or not it will be necessary so the project may proceed forward. Administrator Whitehall commented that he has received mixed signals from the Department of Transportation (DOT), as to the warrant of the turning lane. No improvements can be made to the intersection without their approval. He then explained that it was a misconception that this project has been going on for a year, that staff has and is trying to help the developer and make this project work. We have requested information in writing and finally in June we received from DOT that the entrance proposed was not conceivable, and in October we received information not requested. The site plan has been modified within the last 30 days. There are still issues such as the fair share amount and the right hand turning lane. A concurrency letter will be ready to act upon at the next City Council meeting. Council Member Watford remarked that the City is not unreasonable with requirements. He suggested Mr. Dobbs work with City Staff to resolve this matter. Mr. Goodbread arrived at the end of the discussion and asked when will this get done? Mayor Kirk replied that at the next City Council meeting scheduled for October 21, 2008, providing all parties cooperate and all information necessary is submitted. There was no official action taken at this time. Council Member Watford moved to approve a Developers Agreement for Park Street Business Center; seconded by Council Member C. Williams. Attorney Cook stated that approving this developers agreement "without bond" has an advantage of speeding up the commencement of construction as long as all the necessary permits are approved and construction is completed within 24 months. A right to extension may be requested should it be necessary. The Developer agrees that the final development will be in substantial compliance with the approved site plan, and City Council shall approve or accept the final plat. OCTOBER 7, 2008 - REGULAR MEETING - PAGE 5 OF 6 187 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VII. NEW BUSINESS CONTINUED. D. Motion to approve a Developer's Agreement continued. Mr. Bill Orazi of Rudd Jones and Associates, was present to answer any questions from Council, There were none. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. E. Consider a recommendation presented by the Code Enforcement Council Member Markham moved to transfer ownership of property for Lot 4 of Block 23, Gloria and Mary Brown, to Board for a proposal from property owners located in the 800 block the City of Okeechobee in lieu of fines; seconded by Council Member Watford. There was a brief discussion regarding of NW 12 Street to transfer ownership to the City in lieu of fines - donating the property to Habitat for Humanity. Chief Smith (Exhibit 5). VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. F. Consider Temporary Street Closing submitted by Central Council Member Markham moved to approve a Temporary Street Closing request submitted by Central Elementary Elementary School, for a Fall Carnival on October 24, 2008 - City School, for Southwest 51h Avenue between Southwest 6' and 7t' Streets, for a Fall Carnival on October 24, 2008; Clerk (Exhibit 6). seconded by Council Member Watford. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. G. Consider Temporary Street Closing submitted by First Baptist Council Member L. Williams moved to approve a Temporary Street Closing request submitted by First Baptist Church Church ROC for a Fall Festival on October 31, 2008 - City Clerk for Southwest 3'd and 4' Streets between Southwest 51h and 61h Avenues, for a Fall Festival on October 31, 2008; (Exhibit 7). seconded by Council Member Watford. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. H. Consider a Motion to Waive the formal bidding procedures and Council Member Watford moved to waive the formal bidding procedures and award a sole -source Bid to Global award a sole -source Bid to Global Mapping, Inc., in the amount of Mapping, Inc., in the amount of eight thousand, eight hundred dollars ($8,800.00) for the annual mapping services; $8,800.00 for the annual mapping services - City Clerk (Exhibit 8), seconded by Council Member Markham. OCTOBER 7, 2008 - REGULAR MEETING - PAGE 6 OF 6 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VII. NEW BUSINESS CONTINUED. H. Consider a Motion to Waive the formal bidding procedures and award a sole -source Bid to Global Mapping, Inc. continued. Motion to appoint Council Member Watford as City Representative for the Battle of Okeechobee Re-enactment Committee. J. Consider changing the City Council meeting scheduled for November 4, 2008, from 6:00 p,m. to 2:00 p.m. Vill. 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. 11 X eiz James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member Markham moved to appoint Council Member Watford as City Representative for the Battle of Okeechobee Re-enactment Committee; seconded by Council Member L. Williams. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member Markham moved to change the City Council meeting scheduled for November4, 2008, from 6:00 p.m. to 2:00 p.m., due to the Election; seconded by Council Member L. Williams. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 7:43 P.M. The next regularly scheduled meeting is October 21, 2008, at 6:00 p.m. Page 1 of 8 CITY OF OKEECHOBEE - OCTOBER 7, 2008 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES BY �xt e�CaCY1G. I. CALL TO ORDER - Mayor Kirk October 7, 2008 at p.m. II. OPENING Invocation given by Revered Jim Dawson of the First United Methodist Church; Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE -City Clerk. V Mayor James E. Kirk PR ESENT Council Member Lowry Markham V.-I ABSENT Council Member Dowling R. Watford, Jr. ✓ Council Member Clayton Williams Council Member Lydia Jean Williams City Administrat r Brian Whitehall City Attorney Jo n R. Cook City Clerk Lane Garniotea Deputy Clerk Me isa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present Kim Barnes with a Five Year Certificate of Service. Mayor Kirk presented a certificate of Longevity Service and an engraved cross pen to honor rs. Kim Banes for her five years of servic with the City. V. MINUTES - City Clerk. A. Council Member moved to dispense with the reading and approve the Summary of Council Action or the September 16, 2008 Regular Meeting and First Budget Hearing and the September 30, 20 8 Final Budget Hearing; seconded by Council Member A-0 . There was no discussion on this item. VOTE: KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS VI. AGENDA - Mayor. A. Mayor Kirk asked w on today's agenda. YEA NO ABSENT ABSTAINED Y v MOTIO ARRIED DENIED. there were any requests for the additions, deferrals or withdrawal of items Page 2 of 8 VII. NEW BUSINESS. A.1. a) Council Membe moved to read by title only, and set October 21, 2008 as a final public hearing date fo proposed Ordinance No. 1030 regarding Re -zoning Application No. 08-005-R, submitted by Jeffry Suarez, rezoning 1.5 acres located at 701 Northeast V Street, Block 116, City of Okeechobee frpm RSF-1 to CHV - City Planning Consultant (Exhibit 1); seconded by Council Member rx(j ) b) Vote on motion �EA ready by title only and set final public hearing date. NO ABSENT ABSTAINED KIRK v MARKHAM I✓ WATFORD I ✓ C. WILLIAMS V L. WILLIAMS ✓ MOTION CARRIE ENIED. c) Attorney Cook re+ CITYOFOKEEC BY REZONING, FROM RESIDE COMMERCIAL I PROVIDING F01 2. a) d proposed Ordinance No. 1030 by title only as follows: "AN ORDINANCE OF THE fOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE I CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, ITIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO HEAVY 'HI9 ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY, CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." Council Member moved to approve the first read of proposed Ordinance No. 1030; seconded y Council Member b) Discussion. 4' W L'. f c) Vote on motion YE) KIRK V MARKHAM `/ WATFORD C. WILLIAMS L. WILLIAMS MO" Luuk_c�o W Pa 6 F f C'L &t %Clue T- LCL4-% 6/? CZCll'CC 6I OLT ck-ua d " NO ABSENT ABSTAINED G'A- VIU) 01 c c m '10 C RRIE /DENIED. Page 3 of 8 B. Council Membe a moved to a prove the Fire Union Contract - City Administrator (Exhibit 2); sec nded by Council Member C.ru ? VOTE KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS Page 4 of 8 C. Discussion per �ining to the traffic analysis for Oaks Plaza - Brad Goodbread (Exhibit 3). vwu VGA=j UL pf; uo d cl"V" CqOdLAabb /0 T� 00/X PUNUAA OT Lod Gat CVbL GJL Cc va �L Cie ru a. V�u q� GI 0 SI tw- q-6) w� �u 0 fz � a s c ub, Uri; �t V4, JU up IvX Cal Ua� Page 5 of 8 D. Council Membe moved to approve a developers A reement for Park Street Business Center -Bill Orazi (Exhibit 4); seconded by Council Member �� e�✓ c ham. � � V -)O-LU d At C titi CL� t zU L � �x� sl rj l U &t CAL (s� fe4 Sco a pu� 0 LtNtj /tt-0- 3 o(- C VuUAV d YCt dam-1 c crud -Al 6 vkm,�,b ugv�4 ana VOTE KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOT ON(CARRIE )DENIED. Page 6 of 8 E. Consider a rec mmendation presented by the Code Enforcement Board for a proposal from property owners located in the 800 block of Northwest 12th Street to transfer ownership to the City in lieu of fines - Chief Srr ith (Exhibit 5) �� II 110��-L hosx(a( -(U %c e. `�' �kIEQ l� JI' CLCC a I a a. Y• VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM WATFORD v C. WILLIAMS L. WILLIAMS MO I C-611�RIED DENIED. F Page 7 of 8 Council Member �M moved to approve a temporary street closing submitted by Central Elementary School for a Fall Carnival on October 24, 2008 - City Clerk (Exhibit 7); seconded by Council Member VOTE KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS G. Council Member Baptist Church for a Co by Council Member Vote on motion. KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS H. Council Member bid to Global Mal annual mapping Vote on motion KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS RI� DENIED. _ moved to approve a temporary street closing submitted by First Fall Festival on October 31, 2008 - City Clerk (Exhibit 7); seconded YEA NAY ABSTAIN ABSENT v moved to waive the formal bidding procedures and award a sole -source g, Inc. in the amount of eight thousand, eight hundred dollars ($8, 0.00) for the (ices - City Clerk (Exhibit 8); seconded by Council member YEA NAY ABSTAIN ABSENT 2� v � 10 :CARRIED 1 ENIED. Page 8 of 8 Council member moved to appoint Council member Watford as a City representative for the Bat le of Okee bee e-Enactment Committee - Council Member Watford; seconded by Council Member Vote on motion. KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS J. Council member me fr m 6: { aVote on motion. KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS M, f , , R i i" it t VIII. MAYOR KIRK ADJOUI YEA NAY ABSTAIN ABSENT v v OTIO ARRIED DENIED. moved to change the meeting time for the November 4, 2008 0 to 2:00 p.m. due the Election - City Clerk; seconded by Council Member YEA NAY ABSTAIN ABSENT v C/ NIED. THE MEETING AT P.M. A-1�. b. qkm( udjl� ("I 'Iu 0 A--� R cc C c) CCLL 6CL qu �-c ryt cc� ct 41- s ate C'- Ca)- 9-o i "LL ul, P, ccn Cc" do U+ �-Ka �6aL� & N C� _L14 t� q�-L NV-4-4-�A kU T�L IDA C) LAJ �-> �IT ILC fK ctxc�' ot-l'o YA(Z l� c�cC ��� �� pm -o dxcTjj�- w Mc(-1i"'Y- /Joao( [L (oL (ISE, rt (0 ao Wt a-� d cc� l u� C� � c�hQ��. u)� �k.� � fJ �� 1c �;¢� G� �o , c� �� '��e (tea � � o�Q-Fig, - "Q,u ceaef eS�/ -k OLT< '#) co 2157) cp/ )XIN 2c] cV PA17 h 4rdrV Y-9 MQ rwv)C4, I ram Ty, )rv3c)-� cyn)o J-- A A\ CAk� m I Ct ry I/L Page 1 of 8 CITY OF OKEECHOB E - OCTOBER 7, 2008 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES BY I. CALL TO ORDER - Mayor Kirk October 7, 2008 at '�, II. OPENING CEREMONIES: Invocation given b Revere 9 y d Jim Dawson of the First United Methodist Church; Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. PRESENT ABSENT Mayor James E. IKirk 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 Joh i R. Cook City Clerk Lane Gamiotea Deputy Clerk Mel sa Eddings Police Chief Denny Davis Fire Chief Herb Smith t/ Public Works Dir ctor Donnie Robertson / i IV. PRESENTATIONS A!VD PROCLAMATIONS - Mayor. A. Present Kim Barns with a Five Year Certificate of Service. Mayor Kirk presented a ce ificate of Longevity Service and an engraved cross en to honor for her five years of servic with the City. P o Mrs. Kims V. MINUTES - City Clerk., A. Council Member �. moved to dispense with the reading and approve the Summary of Council Action for the September 16, 2008 Regular Meeting and First Bud t He ring and the September 30, 200 8 Final Budget Hearing; seconded by Council Member There was no discussion on this item. VOTE: YEA NO ABSENT KIRK ABSTAINED MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTION: RRIED DENIED. VI. AGENDA - Mayor. A. Mayor Kirk asked whether there were any requests for the additions, deferrals or withdrawal of items on today's agenda? VII. NEW BUSIN A.1. a) Council Mem hearing date submitted by Okeechobee Member ' b) Vote on motion KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS Page 2 of 8 r u�movinaed to read by title only, and set October 21, 2008 as a final public r propo ed Ordnce No. 1030 regarding Re -zoning Application No. 08-005-R, rry Suarez, rezoning 1.5 acres located at 701 Northeast 3`d Street, Block 116, City of Dm RSF-1 to CHV - City Planning Consultant (Exhibit 1); seconded by Council U� to ready by title only and set final public hearing date. YEA NO ABSENT ABSTAINED 1 --� LOTIO�N-ARRIED I DENIED. C) Attorney Cook re d proposed Ordinance No. 1030 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEE HOBEE,FLORIDA;AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO HEAVY COMMERCIAL CHIq ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FO CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." #; 2. a) Council Member'-��� moveq to approve the first read of proposed Ordinance No. 1030; seconded by Council Member b) Discussion. 04 7- Vic, /C� /4 I /t4 C) Vote on motion YE NO ABSENT KIRK ABSTAINED MARKHAM WATFORD C. WILLIAMS L. WILLIAMS X MOTION: ARRIED ENIED. L.1 Page 3 of 8 Council Member � moved to approve the Fire Union Contract - City Administrator (Exhibit 2); seconded b ouncil Member oil — VOTE KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS *(C ;!ql4x3) peajqpooE) PeJG - ezeld WO col S!sAleue 0!,4eJl Gql 01 6up lied uo!ssnos!(j 9 jo v abed /I , - �- y - ������� � y ,� � y,-� - -yam-;� . �.� , ----------- - -------- -- - ----- -- - - - - - -------------- - ----------- - ------------- --- --- - --- LIA -);7,j /7T/ )V112 71 I D. Council Mem Center - Bill ( VOTE YEA KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS Page 5 of 8 moved to approve a develope7rsA ,eement for Park Street Busines Ei Exh it4); seconded by Council Member s KIAV Ann—.... DENIED. �J � Lr,a•,,;�,al""� , �, ,� �i?� � per', E. Page 6 of 8 Consider a recc mmendation presented by the Code Enforcement Board for a proposal from property owners located in the 800 block of Northwest 12" Street to transfer ownership to the City in lieu of fines - Chief Srr ith (Exhibit 5) VOTE YEA KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS sa Ao; L b/6 Le Xz-, �"q Z : CARRIED � DENIED. H 5 F. Council Memt Elementary S( Council Memb VOTE KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS Page 7 of 8 LLLL � moved to approve a temporary street closing submitted by Central )ol for aFall Carnival on October 24, 2008 - City Clerk (Exhibit 7); seconded by l [Uri: UARRI / DENIED. Council Member �m °• moved to approve a temporary street closing submitted b First Baptist Church for Co muni F�II Festival on October 31, 2008 - City Clerk (Exhibit 7); seconded by Council MembIr 1 Vote on motion. KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS YEA NAY ABSTAIN ABSENT :CARR 17 . Council Member LLL 4' moved to waive the formal bidding procedures and award a sole -source bid to Global Mappin ,'Inc. in the amount of eight thousand, eight hundred dollars ($8,800.00) for th annual mapping services - City Clerk (Exhibit 8); seconded by Council member �� - e � z 1� 0�,� . !� Vote on motion KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS YEA NAY ABSTAIN ABSENT cARRIEPJZENIED. V J. YM I qPage 8 of 8 Council memb r P(i_161v /1, /,�_ moved to appoint Council member Watford as a City representative or the Battle of — Nechobee Re -Enactment Committee - Council Member Watford; seconded by Council Member Vote on motion. YEA N KIRK AY ABSTAIN ABSENT MARKHAM WATFORD C. WILLIAMS L. WILLIAMS DENIED. Council member moved to change the meeting time for the November 4, 2008 m-n"ng from 6:00 to 2:00 p.m. due the Election City Clerk; seconded by Council Member Vote on motion. MI'M MARKHAM WATFORD C. WILLIAMS L. WILLIAMS YEA NAY ABSTAIN ABSENT I DENIED. VIII. MAYOR KIRK ADJOIJRN�ED THE MEETING AT P NI 'FEND -NEWSPAPERS OKEECHOBEE NEWS 00, J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authc appeared Judy Kasten, who on Publisher of the Okeechobee NE week Newspaper published at ( Okeechobee County, Florida, th copy of advertisement being a_ T 107 S.W. 17th Street, Suit@ D, Okeechobee, FL 34974 -y personally th says she is s, a three times a eechobee, in the attached 0 (,, r i C- N &�-; C� in the matter of CO 0 6, 0I^ C-i t me-&t', in the 19th Judicial District oft e Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of c*O Log r— 3 ;?-©o 9 — 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 continu- ously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Oke chobee, 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 andiscount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. `Sworn and subscribed before me this day of Lb cio�lcl F� An _ .aG N ary Public, State of Florida at Large oPRY PU&/ Janetta Thiboult Commission # DD5053 11 < Expires January 10, 2010 15, F ryc p.0 5cnaetl Troy form InswancE Inc 800-385-101<. (863) 7633134 CITYCOUNCILMEEnNGNOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee w ll feet in Regular Session on Tuesday, October 7, ?Ogg, 6:00 p.m., City Hall, 55.SE rd Ave, Rm 200, Okeechobee, Ronda_ The Pudic fs invited and encouraged to at- md. ivr a copy of the agenda contact City Administration at (863) 7633372 x 12. PLEASE TAKE NOTICE AND BE ADVISED,that it any Person desires to meter considered eat tt s ecision made by the City Council with respect to anynesting, such interested persan,wfif need a record of the prceeednigs, and for such rurpose may need to ensure a verbatim record of the proceeding is madto e, which ecord includes the testimorry and evidence upon which the M dedia are used for the sole purpose of back-up for the Clerk's Oflice. In accordance with the Americans with Disabilities Act (ADA) and Honda Stains 28626, persons with disabilities needing special accommodation toparticipate days this proceeding should contact Lane Gambtea, no later than two (2) prior to the pprroceeding at 863-763-3372 x 214; d you are hearing or voice impaired, call TOO 1-800-955-8770 (voice) or 1-800.955-8 71 (TTY). By James E. Kirk, Mayor t one Gammtea, CMG, City Clerk CITY OF OKEECHOBEE OCTOBER 7, 2008 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA I. CALL TO ORDER - Mayor: October 7, 2008, City Council Regular Meeting, 6:00 p.m. Invocation given by Rev. Jim Dawson, First United Methodist; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present Kim Barnes with a Five -Year Certificate of Service. PAGE 1 OF 3 October 7, 2008 PAGE 2 of 3 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the September 16, 2008 City Council First Budget Hearing and Regular Meeting and the September 30, 2008 Final Budget Hearing. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. NEW BUSINESS. A.1.a) Motion to read by title only and set October 21, 2008 as a final public hearing date for proposed Ordinance No.1030 regarding Re -zoning Application No. 08-005-R, submitted by Jerry Suarez, rezoning 1.5 acres located at 701 Northeast V Street, Block 116, City of Okeechobee, from RSF-1 to CHV - City Planning Consultant (Exhibit 1). b) City Attorney to read proposed Ordinance No.1030 by title only. c) Vote on motion to read by title only and set final public hearing date. 2.a) Motion to approve the first reading of proposed Ordinance No.1030. b) Discussion. c) Vote on motion. B. Motion to approve the Fire Union Contract - City Administrator (Exhibit 2). C. Discussion pertaining to the traffic analysis for Oaks Plaza - Brad Goodbread (Exhibit 3). D. Motion to approve a Developer's Agreement for Park Street Business Center - Bill Orazi (Exhibit 4). E. Consider a recommendation presented by the Code Enforcement Board for a proposal from property owners located in the 800 block of NW 12 Street to transfer ownership to the City in lieu of fines - Chief Smith (Exhibit 5). OCTOBER 7, 2008 PAGE 3 OF 3 VII. NEW BUSINESS CONTINUED. F. Consider Temporary Street Closing submitted by Central Elementary School, for a Fall Carnival on October 24, 2008 - City Clerk (Exhibit 6). G. Consider Temporary Street Closing submitted by First Baptist Church ROC for a Fall Festival on October 31, 2008 - City Clerk (Exhibit 7). H. Consider a Motion to Waive the formal bidding procedures and award a sole -source Bid to Global Mapping, Inc., in the amount of $8,800.00 for the annual mapping services - City Clerk (Exhibit 8). I. Motion to appoint Council Member Watford as City Representative for the Battle of Okeechobee Re-enactment Committee. J. Consider changing the City Council meeting scheduled for November 4, 2008, from 6:00 p.m. to 2:00 p.m. VIII. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ONOBOV SERUGEPresenteJ To cIPRes In Appreciation for Your 5 Years of t�ard \V/orl anti Dedication with the City of Okeechobee OctOker 20, 2003 through October 20, 2008 rvice is the li f ekIood of any organization. verything flows from it and is nourished 6y it. he City and Your f::ellow Citizens have -Pene f itted Qreatly 6y Your performance. presented this 7th day of October, 2008 zo��, daMSS G. M&k, Major 1 Gast . GMG. Gltj Glw* LARUE DATE: October 2, 20, TO: Mayor and Ci FROM: Bill Brisson RE: Revised Staff 0 G & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 - FAX: 239-334-6384 MEMORANDUM Council for Petitions 08-005-SSA and 08-005-R Attached are revised Staff Reports for the above reference petitions for a Small Scale Amend- ment and Rezoning submitted by Mr. Jerry Suarez. These applications are associated with the commercial development propc sed by Anita and David Nunez along the west side of Taylor Creek, which has been the subject of prior SSA and Rezoning approvals. The Planning Board held its pu the SSA was approved unanim McCoy and Ms. Hoover dissen statement in the Staff Report tt and Anita Nunez considered at specifically what Mr. McCoy v presentation contained errors tl petitions. Specifically, the maps in the St south of the subject property to is incorrect. These properties a circumstances are different frot original Staff Reports were bas, revised Staff Reports. A copy 4 to the Planning Board memberf meeting. I apologize for the error and meeting to discuss these pet: free to call me, either at the is hearings on these petitions on September 180'. At that time isly and the Rezoning was approved on a vote of 5:2, with Mr. ig. During the public hearings Mr. McCoy had questioned a the the requests were essentially similar to the requests by David prior meeting. It was not until after the meeting that I realized s referring to, and it became clear that our Staff Report and my t should be corrected before the City Council considered the ff report mistakenly showed the two properties immediately be designated Commercial on the FLUM and zoned CHV. This e still designated Single -Family and zoned RSFI. Therefore, the i those upon which the findings and recommendations in the d. Consequently, we have provided you with the attached f this letter and the revised Staff Reports are also being provided in the event they should wish to comment at the City Council confusion it may have caused, and will be at the City Council .s. In the meantime, should you have any questions, please feel ,e or on my cell phone (941-228-1499). 1375 Jacksmreet, Suite 206 Fort Myers,Tf6rida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Petition No. 08-005-R Staff Report Rezoning Request Applicant: Applicant Add Contact Phone umber: Contact Person Future Land Use Map Classification Zoning District Use of Property Acreage Access Legal Description: LOTS 7 THROUGH 12, INCLUS THEREOF AS RECORDED IN P COUNTY, FLORIDA, A COPY ( PUBLIC RECORDS OF OKEECF PLAT BOOK 5, PAGE 5, PUBLIC AND: Applicant: JerryS rrez(Office & Fish House) Petition No.: 08-005-R Jerry Suarez 3679 NW 6th Avenue Okeechobee, FL 34972 863-634-7302 Danny Creech, Sr.(friend) Existing Proposed Single-family Commercial RSF-1 & Holding CHV, Heavy Commercial - Vacant dwelling & Offices and Fish House occupied Fish House` 1.50 1.50 VE, OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT AT BOOK 2, PAGE 17 OF THE PUBLIC RECORDS OF ST. LUCIE )F SAID PLAT BEING RECORDED IN PLAT BOOK 1, PAGE 10, OBEE COUNTY, FLORIDA, AND SAID PLAT BEING RECORDED IN RECORDS OF OKEECHOBEE COUNTY, FLORIDA. A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AND BEING COMPRISED OF ONE OF THE PARCELS OF LAND AS RECORDED IN OFFICIAL RECORDS (O.R.) BOOK 645, PAGE 1370 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOU" ACCORDING TO THE PLAT TH OF OKEECHOBEE COUNTY, WESTERN BOUNDARY OF P WATERSHED AS RECORDED I COUNTY, FLORIDA, TO THE CE THE POINT OF BEGINNING; TH SAID PARCEL 4 AND THE EAST HEAST CORNER OF LOT 1 OF BLOCK 116, OKEECHOBEE, :REOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS =LORIDA, THENCE RUN SOUTH AND RUNNING ALONG THE kRCEL 4 ACCORDING TO PLAT NO. 1 OF TAYLOR CREEK J PLAT BOOK 3, PAGE 29, PUBLIC RECORDS OF OKEECHOBEE NTERLINE OF THE 15 FOOT ALLEYWAY IN SAID BLOCK 116 AND =NCE CONTINUE SOUTH, ALONG THE WESTERN BOUNDARY OF BOUNDARY OF SAID BLOCK 116, TO THE SOUTHEAST CORNER Staff Report Po Applicant: Jerry Sfrez(Office & Fish House) Rezoning Request Petition No.: 08-005-R OF LOT 12 OF SAID BLOCK 11 SAID PLAT NO. 1 OF TAYLOR THE WESTERN BOUNDARY l (FORMERLY NINTH STREET) CREEK; THENCE RUN NORTH TO THE INTERSECTION WITH THENCE RUN WEST, ALONG l OF BEGINNING. The Applicant requests a and Holding to CHV to all AND ALSO BEING THE NORTHWEST CORNER OF PARCEL 3 OF CREEK WATERSHED; THENCE RUN SOUTHWESTERLY, ALONG F SAID PARCEL3, TO THE CENTERLINE OF N.E. 3R1 STREET EXTENDED EAST, TO THE WESTERN SHORE LINE OF TAYLOR RLY, ALONG SAID WESTERN SHORE LINE OF TAYLOR CREEK, HE CENTERLINE OF SAID 15 FOOT ALLEYWAY EXTENDED EAST; 1E CENTERLINE OF SAID ALLEYWAY EXTENDED, TO THE POINT ling change from the existing zoning classification of RSF1 commercial uses on the subject property. North: Future Land U1119 Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: Apache Airboats> East: Future Land U e Map Classification: Single Family Zoning District: RMH Existing Land Use: Mobile homes across from Taylor Creek South: Future Land Use Map Classification: Single -Family Zoning District: RSF1 Existing Land Use: Mobile home and vacant West: Future Land Use Map Classification: Single Family Zoning District: RSF1 Existing Land Use: Vacant The applicant is requesting this amendment to CHV to allow a commercial office building and continued use of the commercial fish house on the subject property. The single family structure, located on Lots 7 and 8, is being stripped and remodeled to be used as a commercial office. The fish house, located on Lots 11 and 12, is being proposed to continue tempor rily as it is currently being used. Since processing operations are only allowed in the industrial zoning district, we do not believe that the commercial fish processing operation will be allowed to continue even if the property is rezoned to CHV as requested. 2 Staff Report Applicant: Jerry Stez(Office & Fish House) Rezoning Request Petition No.: 08-005-R Section 70-340 sets forth the following criteria to be considered in acting upon a petition to rezone property. The Applicant has submitted very brief statements addressing these criteria. Following are 30taff comments: 1. The proposed use is not Oontrary to Comprehensive Plan requirements. The CHV Zoning District is consistent with a Future Land Use Designation of Commercial and would not be inconsistent with any requirements of the Comprehensive Plan unless the land were not designated Commercial on the Future Land Use Map. 2. The proposed use bein applied for is specifically authorized under the zoning district in the Land Devel pment Regulations. The proposed office use would be an allowable use under the CHV zoning district but the Land Development Code allows processing operations only in the industrial zoning district. Continuation of the fish processing operation would not be consistent with the limitations of the CHV district. However, numerous other types of business operations that would c nceivably be incorporated into the commercial plaza pro- posed for this and the recently rezoned Nunez property to the south would be appropriate. 3. The proposed use will not have an adverse effect on the public interest. Given the fact that this property is to be used in connection with the recently rezoned commercial property which adjoins its southeastern boundary, the cumulative impacts of the entire commercial development will need to be assessed. Possible adverse impacts of this development could come in the form of excessive traffic along neighboring reside tial roadways. However, the intensity of the development will be specifically consi ered during the site plan review stage of the development permitting process. 4. The use is appropriate fi adjacent land uses, and patterns. Staff is reluctant to su% and nearby land uses. designated for residentia for residential purposes, development. the location proposed, is reasonably compatible with not contrary or detrimental to urbanizing land use est that the proposed change is compatible with adjacent t is a change in zoning that would leapfrog over property use and which will result in such property, presently used being enveloped on three sides by potential commercial 3 Staff Report Applicant: Jerry S• z(office & Fish House) Rezoning Request Petition No.: 08-005-R However, during the Pla ning Board's public hearing it was stated that the "fish house", which occupies the easternmost part of the subject property, has long presented a problem in terms of compatibility with surrounding future land use and zoning patterns. The proposed change will ultimately eliminate this nonconforming use. Staff believes that t e requested change could be considered compatible with the surrounding area if, in the opinion of the City Council, it is in the best interest of the City to promote commercial development northward from SR 70 in an effort to foster the replacement of long-term nonconforming commercial influences that inhibit redevelopment within the surrounding area. This would set the stage for changing the future land use desigriation and zoning of the property immediately to the south of the subject property across NE 3rd Street. If this is the City's policy for this area, however, Staff agrees with comments made during the Planning Bard public hearing that the property would be more appropriately zoned CLT This zoning district would allow the type of use proposed by Ms. Nunez -- a mult -functional building for social, religious, political, holiday, sports and other special vents. While the proposed use is similar to a community center, because it will be primarily operated for profit, it does not qualify as a community center and therefore would have to be considered commercial indoor recreation. Commercial indoor recreation is a permitted use in the CHV zoning district and is allowed by pecial Exception in the CLT zoning district. Staff believes that in the context of the surrounding area and the potential concern over traffic and its effects upon roadways serving the nearby residential areas, that CLT would be the preferable zoning district. This would also moderate the intensity of additional expansion of commercial use that may be considered in this area. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improv ment or development of adjacent property. Assuming that the City would expect to view favorably a change in the land use designation and zoning of the property to the immediate south, Staff would expect that the proposed rezoning could raise the value of property immediately adjacent to the subject property. On the other hand, the proposed rezoning and expected commercial development would not have a beneficial effect if the property to the south were to remain in residential zoning and use. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood Buffering from the residentially zoned property on the west side of NE 7th Avenue may be necessary and will be addressed during the site plan review. If the property to the south remains residential, it would be necessaryto buffer it from the effects of traffic accessing the subject property either via NE 3rd Street or from an internal roadway paralleling Tayl r Creek connecting the subject property to the proposed commercial plaza to the south. L, Staff Report p Applicant: Jerry Sfrez(Office & Fish House Rezoning Request Petition No.: 08-005-R 7. The proposed use will of create a density pattern that would overburden public facilities such as school , streets, and utility services. While density will not bE an issue, the intensity of development on the site and the other properties associai ed with the development of the proposed plaza commercial area will need to be con idered in light of potential traffic considerations. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No traffic analysis has been submitted and one would not be expected for merely a small office building or even continuation of the fish processing operation. If and when the property is developed as a community center/indoor recreation facility, as an integral part of the proposed commercial plaza, in all likelihood a traffic impact analysis will be necessarv. Flooding and drainage considerations will also have to be addressed because of the property's proximity to Ta for Creek. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The property is not inordinately burdened by unnecessary restrictions. Based on the foregoing analysis, and assuming that the Applicant's request for a SSA changing the Future Land Use designation from Single-family to Commercial, Staff would recommend that the request for CHV zoning be denied. Alternatively, Staff recommends approval of a rezoning to CLT. Of course, if the Small Scale, request to rezone the properb Submitted by. James G. LaRue, AICP Planning Consultant October 2, 2008 Future Land Use Map, Zoning surrounding area Nmendment is not approved, Staff recommends that a f to any of the commercial zoning districts be denied. Map, and Property Appraiser's Aerial of site and 5 Staff Report Rezoning Request 0 Applicant: Jerry SiTarez(Office & Fish House) Petition No.: 08-006-R FUTURE LAND USE SUAREZ SITE AND ENVIRONS NEE4th St. NE3 rd St. I -____ _ NE 2nd St. r street >, co ; } Q Suarez site SINGLE - FAMILY 200 0 200 400 Feet MULTI - FAMILY __--------__ - COMMERCIAL Staff Report Rezoning Request I NE 4th St. Q Suarez site RSF1 Applicant: Jerry Stez(Office & Fish House) Petition No.: 08-005-R ZONING SUA EZ SITE AND ENVIRONS r street CHV m 0 200 400 Feet 7 Staff Report Rezoning Request Applicant: Jerry falrez(Office & Fish House) Petition No.: 08-006-R County Property Appraiser's Aerial ' W W LLJ W 2, u - 2 Z 1 a f ov7 STATE ROAD70 r: a - I 8 OCT 7 -1" READ EXHIBIT NO. �- OCT 21- FINAL EXHIBIT NO. ORDINANCE NO. 1030 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZO IJING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE 20NING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVE ABILITY 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, Jerry Suarez, property owner, of the property more particularly described hereafter, has heretofore filed Petition No. 08-005-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 1.5 acre(s) from Residential Single Family -One (RSF-1) Zoning District to Heavy Commercial (CHV) Zoning District and that this request be removed f rom 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 September 18, 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 fort e City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: PARCEL ONE: LOTS 7 TO 12, INCLUSIVE OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND SAID PLAT BEING RECORDED IN PLAT BOOK 5, PAGE 5 PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PARCEL TWO: AND A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RAN E 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AND BEING COMPRISED OF ONE OF THE PARCELS OF LAND AS RECORDED IN O.R. BOOK 645, PAGE 1370 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: C MMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF BLOCK 116, KEECHOBEE ACCORDING TO THE PLAT THEREOF RECORDED IN FLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLOF IDA. THENCE RUN SOUTH AND RUNNING ALONG THE WESTERN BOU DARY OF PARCEL 4 ACCORDING TO THE PLAT NO. 1 OF TAYLOR CREE WATERSHED AS RECORDED IN PLAT BOOK 3, PAGE 29, PUBLIC RECO RDS OF OKEECHOBEE COUNTY, FLORIDA, TO THE CENTERLINE O= THE 15 FOOT ALLEYWAY IN SAID BLOCK 116, TO THE SOUTHEAST C RNER OF LOT 12 OF SAID BLOCK 116 AND ALSO BEING THE NORTHWEST C RNER OF PARCEL 3 OF SAID PLAT NO. 1 OF TAYLOR CREEK WATE SHED; THENCE RUN SOUTHWESTERLY, ALONG THE Ordinance No.1030 - Page 1 of 2 WESTERN BOUNDARY OF SAID PARCEL 3, TO THE CENTERLINE OF NORTHEAST 3RD STREET (FORMERLY NINTH STREET); THENCE RUN EAST, ALONG SAID CENTERLINE OF SAID NORTHEAST 3RD STREET (FORMERLY NINTH STREET) EXTENDED EAST, TO THE WESTERN SHORELINE OF TAYLOR CREEK; THENCE RUN NORTHERLY, ALONG SAID WESTERN SHORELINE OF TAYLOR CREEK, TO THE INTERSECTION WITH THE CENTERLINE OF SAID 15 FOOT ALLEYWAY EXTENDED EAST; THENCE RUN WEST, ALONG THE CENTERLINE OF SAID ALLEYWAY EXTENDED, 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 Single Family -One (RSF-1) Zoning District to Heavy Commercial (CHV) 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 7th day of October, 2008. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 21st day of October, 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1030 -Page 2 of 2 uCi aa: oerrices.par�menr Fee Paid: Jurisdiction'' �,E-C,(2, 55 S.E': 3'd Avenue, Room 101 l Hearing: g ��' earing: rF a ,Okeechobee, Florida 39974=290� + Phone: (863) 763-3372, ext: 218 Publication D tes: Notices Mailed: 1 Name of property owner(s): E 2 Owner mailing address:: v/ TN 9y/ 3 Name of applicant(s) if other th owner 4 Applicant mailing address: 4a e-mail address: 5 Name of contact person (state relationship): DP f7 h 0Jq tec f 's-k - 6 Contact person daytime phone( ): g/v 71 _ CJL. ` ; I' Z 7 1 Property address/directions to 1 701 n/E 3 P-1) -' S 1 Describe current use of property: g C 04 M E)eC 1 A ) Describe improvements on property (number/type buildings, dwelling units, occupied or .vacant, etc. 9 / us F rv*,�� R 4 ESFD n�I ins-rl� F �c nom/reRCIAl F-/J4 Owe COCCOD/E ) - 10 Approx. acreage: j , 5- Is property in a platted subdivision? yES Is there a use on the property that is/was in violation of a city or countyordinance? If so, 11 describe: l'ti1 F C 1 A F-1 -5-H WO Ua�5 12 Is a pending sale of the prope subject to this application being granted? Describe uses on adjoining property to the North: 13 North: 00" rt q bee i.4 East: E_tcilq! South: d West: (/ �! 14 Existing zoning: RSE — % Future Land Use classification SF 15 Request is for: (_X_) Rezone Special Exception Variance 16 Parcel Identification Number:::,r �S " 00 i O ' C 17 I Applicant's statement of in property Revised 7/08 Page 1 of 10 ,: • alI plus $30/acre 18 Notes: Resolution No. 98-11 Schedule of LandDevelopment Regulation Fees and Charges — When the cost for advertising Vqla publishing and mailing notices of public, hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 19 Last recorded. warranty deed g 20 Notarized letter of consent form property owner (if applicant is different from property owner) ti M W Three property surveys (one no larger than 11" x 1T) containing: 21 a. certified boundary survey, date of -survey, surveyor's name, address and phone number b. Legal description Computation c. of total acreage to nearest tenth.of an acre List of surrounding property owners with addresses and location sketch of the subject 22 property. See the Information Request Form from the Okeechobee Property Appraiser's vvlo Office (attached) 23 Affidavit attesting to completeness and correctness of the list (attached) P23 Current zoning classification: S'F_ Requested zoning classificationaH What is the desired permitted use and intended nature of activities and development of the 24 property? OFF /CF " )c:7sK f-fOUSE Is a Special Exception necessary for your intended use? At O 25 26 Is a Variance necessary for your intended use? Al p Applicant's materials addressing required findings for granting a rezoning (attach). 27 Describe the Special Exception sought: N lA 28 Are there similar uses in the area? If so, describe them: 29 If a business , briefly describe the nature of the business, # of employees, hours of operation and any activities to be conducted outside of a building: N /A 30 Non -re eapp icat+on ee. ezonmg cepUor• Variance: Revised 7/08 Page 2 of 10 3l . Appncanr s matenatsaaaressmg standards- for granting a special exception (attach) F - .3Z Applicant's materials addreRg findings required for granting a special a ception (attach) MI Describe the Special Exception sought: '33 Describe the physical characte 'stics of the property that make the variance necessary. W . 34 Did you cause or contribute to the characteristic necessitating the variance? If so, describe: 35 I What is the minimum varianc necessary? I A 36 37 Applicant's materials address' ig standards for granting a variance (attach) 38 Applicant's materials address' g findings required for granting a variance (attach) 39 I her, certify that the info lion in this application is correct. The information included in this application is for use b the City of Okeechobee in processing my request. False or misleading information may punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may resul ' g the summary denial of this application. ature Printed Name Date JE2Rv 5UAQC-7_ Revised M8 Page 3 of 10 FINDINGS REQUIRED, FOR GRANTING A. REZONING - O^- CHANGE IN' LAND' DEVELOPMENT "GULATIONS (Sec. 70-340, page CD70:16 in th _DRs) It is the Applicant's responsibility to convince the Planning Board/BOA 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 body to find that: L The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. Revised 7/09 Page 4 of 10 Jerry Suarez 3679 NW 6tb Ave Okeechobee,, F1 34972 863-467-0611 FAX: 863-467-0610 To Planning Board/LPA and City Council 1. The proposed rezoning is not contrary to comprehensive plan requirements. It is compatible. 2. Yes — Our use is authorized under the zoning district in the LDR's. 3. Our use will not ve an adverse effect on the public's interest. The existing fish house will contin business as it has for 35 + years and the residential home next door will be remo eled for office use only and will employ 3-4 office employees from 7am-4pm/5 days a week. No wholesale or retail sales will take place at this site. 4. Our use is very compatible with other land uses in the area. It will not urbanize land use patterns. 5. Our use will not have any negative change on property values or living conditions to adjacent property. 6. Yes this property can be suitably buffered from surrounding uses. The office will be a completely re odeled facility and the fish house can be buffered. 7. There will be no c iange of density pattern which is no problem at present. 8. The proposed use Arill not create traffic congestion, drainage or public safety. There will be no d Herence in these items than there is at present. 9. The proposed use has not been inordinately burdened by unnecessary restriction at the present time Thank You. A� t1/ 08-04-08 I, Jerry W. Suarez, state that the information in this application is true to the best of my knowledge. Thank You Jerry W. Suarez kus Rd= to: D & A ftgwde% (Nunez), Inc. 610 Nath Peaott Avenge Okeechobee, F1 34972 This Iastnmmeot prepamd by: D & A Properties, (Nunez), Inc. . 610 North Parrott Avenue Okeechobee, F1 34972 • Parcel ID # 3-15-37-35-0010.00010-001� GraMe(s) SS# ABOVE THIS LINE F This Quit Claim Dead,! -Executed this 11 Properties, (Nunez), Inc., f.rst party to Je: 3679 NW 6°k Ave, Okeechobee, FL 34972, the s (Whenever used herein the t rms "first part, to this instrument and the keixa, legal rep: successors and assigns of rporations where Witnesseth, That the irst party, for (Ten Dollars) in hand paid y the second pa acknowledged, does hereby Be, release, i all the rights, interest, claim and demand following described.lot, piece or .parcel of of Okeechobee, State of Florida, to wit: A parcel of land lying in section 15, township 37 sout comprised of one of the parcels of land as recorded in records of Okeechobee county, Floridaand being sore p Commencing at the southeast come of lot 1 block 116, plat book 5, page 5, public recur of Okeechobee Cam waste= boundary of parcel 4 axo ding to plat no. i.o 29, public records of Okeechobee. ounty, Florida, to t and the point of beginning, thenc continue south, ale boundary of said block 116, to.th southeast corner of thence run southwesterly, along t a western boundary o (formerly ninth street) extended ast, to the western said waste= shoreline of Taylor reek to the intersec east; thence run west, sothe terline of said al To Have and to Hold a same together thereunto belonging or in anywise appertain interest, lien, equity and claim whatsoever equity to the only proper use, benefit and In Witness Whereof, I he said first pa day and year firstaboveitten. SigneV sealA and sliver d in the present Witn6w signature (ft to Virriberiv Anderson Printed re T Murphy Printed Name VVbwm Signature (as tl Co-Grantm, if any) Printed Name Witness Signature (as to , if any) Printed Name STATE OF FLORIDA, COUNTY OF OKEECHOBEE known to me ment, who ackn executed the ,foregoing the same, and oath was : (Check one Uftid'Pe�(s) Provided.the ng type of id NOYARY SEAL cNF+m�. Noun nrwm - a FIaN. - wcommblme Na0.2010 Csasissloai 41292 i e"°'ar'ova Nat yAmW Book657/PagOM CFxN#2D A I million in 208 09DD7 OR `BK 'S7 PG 1786 SHARDN RDB N; CLERK OF CIRCUIT COURT DKEECHOBEE'CDUHTYr Ft. RECORDED 08/01/2008 10,46142 AM AMT 10.00 RECORDING FEES 10.DO DEED DOC 0.70 RECORDED BY 6 Mawbourn Ps.17861 (Ips) XPROCESSINO DATA °° day of July, 2006, By D&A •ry W. Suarez, whose post office address is =nd party. . P" and 'second party" include all the parties -esentatives and assigns of individuals and ever the context so admits or requires..) and in consideration of the sum of 1$ 0.00 ty, the receipt whereof is hereby nd quit claim unto the second party forever, rhich the said first party has in and to the land, situated, lying and being in the County y range 35 east, Okeechobee county, Florida, and being official records (o.r.)book 645, page 1370 of the public xticularly describedanfollows. Okeechobee, according to the plat thereof recorded in :y, Tlorida. Thence run south and running along the 'Taylor creek watershed as recorded in plat book 3, page rs center.line of the 15 foot alleyway in said block 116 kg the western boundary of said parcel 4 and the east lot 12 of said plat no. 1-of Taylor Creek Natershedr : said parcel 3, to the centerline ofN.E.3" street roreline of -Taylor creek) thence run -northerly, along :ion with the centerline of said 15 foot alleyway extended .eyway extended, to the.point of:begiuning. with- all -and :singular the appurtenances .ng,..and all the estate, right, title, of the said first .party, either in law or mhoof of the said -second .party forever. rty has signeed.and:sealed -these presents the Glat)EOr nature DA''A`-ProDer ies. Nunez), Inc. Post Ofto Address Okeechobee, FI 34972 Co-Grardor Signature, (if any) I— o Q H Printed Name N Post Office Address � 1 hereby Cerft that on this day, h in ms, an oflkrer•duly auftwhad to administer oaths and take W acknowiedpntents, persondy appeared. p ;2 to be:#w person _described In and who $ OW19that before me Hef$ olloy executed Is known .' j�SilpelsOn(a) am personally to nee. v~i Z:Q < O m RAMIra to: 61ONathPerrottAveose FI1 NUM 20iDi8009008 Okeechobee, F1 34972 •'OR K-ID0657 'PG 1787 SHARON RDBERTSDHv CLERK OF CIRCUIT COURT T1dalnWumentprepw b)r RECORDED O8101 2008F10146,42 AM D & A Properties, (Nunez), hr- AMT 10.00 610Nardi Parrott Avemro RECORDING FEES 10.00 Okeechobee, F1 34972 DEED DDC 0.70 RECORDED.BT G fkwbourn Ps 1787; Qps) Parcel ID # 3-13-37-35-0010-01160.0070 armsoe(s) SS# c"ACB ABOVE THIS I dNE FOR PROCESSING DATA This Quit Claim Deed, Executed this 18 t° day of July, 2008, By D&A Properties,'(Nunez), Inc., first party to Jerry W. Suarez, whose post office address is 3679 NW 6t° Ave, Okeechobee, FL 34972, the second party. (Whenever used herein the -terms "first party" and 'second party' include all the parties to this instrument and the heirs, legal representatives and assigns of individuals and successors and assigns of corporations wherever the .context so admits or. requires.) Witnesseth,-"That.the first party, for and in consideration of the sum of $10.00 Ten Dollars) in hand paid by the second party, the receipt whereof is hereby acknowledged, does hereby remise, release, .and quit claim unto the second party forever, all the .rights, interest, claim and demand which the said first party has in and to the. following described. lot, piece or parcel of land, situated, lying and being in the County of Okeechobee, State of Florida, to wit: ,A parcel of land lying in section 15, township 37 south, range 35 east, Okeechobee county, Florida, and being comprised of one of thq parcels of land -as recorded in official records (o.r.)book 645, page 1370 of the public records of pkeechobee 4aounty, Florida ly-deseefied-u Sollowr.-=- . . •eeoeneing ai tim-womseast corae:-of lot l..block.116, Okeechobee, according to the plat thereof recorded in Plat book 5, page 5, public records of Okeechobee county, Florida. .Thence run South -and running along the waste= boundary of parcel 4 according to plat no. i of Taylor creek watershed .as recorded in plat book 3, page 29, public records of Okeechobee county, Florida, to the canter line of the 15 foot .alleyway in said block 116 land the point of beginning, thence continue south, along the. western boundary of said parcel 4 and the east boundary of said block 116,-to-the southeast corner or lot 12 of said plat no. 1 of'Taylor Crook Watersheds • thence run southwesterly, along the western boundary of said.parcal 3, tothecenterlins -of U.S. 3� street (formerly ninth street) extended east* to the western shoreline of Taylor creeki thence run northerly, along (said vests= shoreline of Taylorcreek to the intersection with the centerline of said 15 foot alleyway extended t thencesun most, along the_gWjerline of_s4Ad alleyway extended,. —the .po& -,&&-beginning- To.Have and to Sold The same together with all and singular the L appurtenances thereunto belonging or in anywise appertaining,. and :all the -estate,. right, title, interest, lien, equity and claim whatsoever of the -said :first party, either in law or equity to the only proper -use, benefit and -behoof-of'the said second party forever. In Witness Whereof, the said first party has signed and sealed these presents the day and year first above written. f. Signed; sga�edhand delivered in.the presence o . VUi rmm Sig morns (as to first Grantm) Kimberly Anderson Wibress signsun ibd T Murp Printed Name VVitrresa Signature.(89 to C0-Grantor, N any) Printed Name Vftess Signature (as b Co-Gnsnbor, if any) L. i in crow SiBneture ; D 8 A-Prooerties. unw) Inc. •. `% 610'Nor Parrott Ave Post O(f os Address 'Okeechobee. FI 34972 Co4rarrbr Signature, Of any) Printed Name Post Olfm Address Printed Name STATE OF FLORIDA, COUNTY OF OKEECHOBEE i hereby CW* that on this day, before me, an ofrloer duly aufhabsd to adiminMbr oaths and tyke /� /,, acknoarlsdpmsnts, Psrsonalty`appsared• known to ma'to Abe-." person _ds wribed In and who executed the foregoing Instrument, who ac tefom we that HaM&Mwy executed the same, and an oath was blon. {Chw* one j penm4n) Is are: personally known to me. nSaid pemon(e).pmvided om following type of identification: NOYARY SEAL Vrdness:my hand and of11r1a1 seal In ryes County and CWERYL L zRro(ui �, this / day of lt9si Notary PYOIc -:8bte ]2111 Ujoo mft*eErpbsWar6,Cosa k"I O0 612M - - Pa Book6Ei7/P�gel787 CF<N#2D08009008 ; ge of 1 °' T z;tif+ CLocur b'atult cuwr CDwyi. R DZti� P11 dCA{flJ.�,Rt Alrr 190r i0or :. A�C�t11d � 18.E DUD` DDC< 3�.4Q D.MQOAtJ:. b� K_ P1gDR t'�• �• 117f. t2Ns) FWNW 4764 � ie.rn�ison No. �sootaaoato-ao+a. � ��� Above:7nps una For Rtoordne ^''°' Warren CaG D-3S0• C�? ("AT MoaY FORM- SkTfOW Qb4A P:3.) �� �� fhjt 41b day of Jun+, 9AOe Hei�rem. _ RICK A. UGKIRMI aN J SOWA D. U%ff Elfr butWO aad wft wiwse post of in eddiiee Is W NE ft AverquR pbOs, M 3Wn of" CWW d Oftubobow, Mi* of Mdft 1ruft', en? •DAV4D NUt�, J8. Abd wih Nr1106�.pOttoiAca eddfsOs is 874 N, P,ama� . -- —. . . AvMwo, � 31BT1d f)►e Count d OOe, 5fshe of Piorlda, grardaa'. - . WitnesseMt b t=M iggftr, krNo in oorvditation of m sum ofTM AND NWOO DOU AM (SIO.OL) PW- to in Nand said g► inlae, #* n:oelpt wharsot is hereby of W DOod end• hm � said 9 peldgr bargained, and sold h On said grant m wg WwABe'a heNa and aaaWa forever.. Die 90mu&W94 toDvwlnD des�d . efluate. lying en4 bW'* h OKhObobN a�Y: Redd*. to-vilt A PORTK M CW A OF LAND LYIM(i N 8ECTft7N.1B` TO'Y�M Wp 3T $CtlT11. PAME 3B EASY. OKf: EMBEE . Fl.ORMA, AM a Me MM PART04 AR LY D M.WAMW I TWAl ITAM M Emmff Ole, StrbJectto resbi ene 9delfeirds of ROOK If ON. and Mid, gfirlEor doss mmby ft* warrant tl1e gM fa seld land. end wDl defend ft sons lawU rJaNns of srN p4rOPns • ^4tinla" iod'f3rtr� Oia t4od Ibrti6lgvMr orDM'�k as aid rogo4ss. TII w�llSa ��lel'M grMtEo►1� )lerslrrfo iBt taald arld aeAl life dalr 8nd jrear � 8b0►le vrtilDen. sealed end cbvwW In our pmmm I A. i 1sr WimeesPrhtiieesO - r 2adPriOtNsare � oiFlotld� CWA*ofOkrolwim Tho was idmowlod�Od beibr► mt dam, d1p' � , �OOd trr RICFG� Lir}hTt9EY sad BONCrA D. LIOEMSBY, wm pason* 1mmn or Ubwe ProdWWr ps idaatlhlalon. - . Dftw awl wr�■itoMOoo11M� Nervy *.rrnw�� I�r�o' RhnOed Nimx *cmwwm �lcpuoa: 06-04-2008 15:51 16 CFN#2008006685 Page 4 of 2 T67 0610 PRGE:1 .'"l �' 'i�w;'i�,.�- '`� �� 7s' `3. , c MD a ,� u+s Zy, '".sF4'9ps; s .✓r"tx-ee ; -�.. µ I N n:. ,x T MiAL DESCRIMZ43t3" A PARCEL.. OF LAND LYING Ai SECTION: 15, MWNM 37 30UM. RANGE 35 EAST, OKEECHOBEE COUNTT. FLOMDA„AND' BEIN COMPRMED OF ONB OF T38 PARCM- OF LAND AS RBC:OitDED IN OPFICTALRECORD& (03L1BOM 645,.PAOR 1370OFMPUBLIC RECORDS; OF ommam H COUNTY; FLORmA,_ AND= 813 o 11mORE PARTYC uny- DESCRIBBD AS FOLLOWS: - COMMENCDJOAT THE SOUTHEAST CORNSR OF. LOT 1 OF BLOCK 116, OXESCHOBEE ACCORDIINGTOTHBPTATTMWRECORDBDINPLATBOOK5�. PA4BS.PUBF.ICRECORDS OF OKEECHOBEE COUNTY. PLORIDA. THMCH RUN SOUM AND RMINNe ALONG TIC WB9MW BOUNDARY OF PMCEL 4 ACCORDING TQ PLAT, NO, I:.OF" TAYLOR. CREEK. . WATER SIM AS REMIDED MPLATBOOK 3, PA0829, PUBLIC RECORDS OF OKEECHOM COUNTY. FWRMA. TO THE CENTS MM-OF TkM Z:FFOOT ALLEYWAY IN SAM BLOCK 116 AND TfM POINT OF BEGROHNO; TMN= CONTD= SOM74 ALONG THE WESTERN BOUNDARY OF SAID PARLEY. 4 AND THS BAST BOUNDARY OF SAID BLOCK 116. TO THE SOS consto `w12 OFSAID BLOCK. mANI? Aisoau RfQ THs NeRT wn — CORM OF'.PARCEL 3OFSAID PIATNO. lOFTAYLORCRMKWATERSHED; TT BNCSRUN SOUY`H'tVESi'kRLY, ALONG THE WESMN BOUNDARY 011 SAID PARCEL 3. TO. THE CENTBRI M OF NM 3AD STRM (FORMERLY NAITH S`MM Tj; GCS RUN$A$'P, ALONO SAID CMnMU NE OF SAID At-1 ' S7RW_` "R_r r..YI "T"99!MRU M-09DLAST, i`O'T�+s t+�t�;€S�iOBBLu�iBt�F TAYLt3i1C.�iS,; 7T^s�NL�RLINNOATH$RLY,ALON09ASA 15u!?R3?Li_[OF TA_'i',C1I'1'0 Z WTTHTFIB� OP SAII� FOOT BYWAY MINDED EAST, Tim MW 'WEST, AMNG<TM CF,N7YrRLINB OF SAID ALLEYWAY ES'Y'ENDLI3, TO THB Pozur OF BEiiIlQNm PM-7"MWPM Book655lPaga2l7-- CFN#2008006685- Fib-04-2009 i5: 5i D A SM 9G3 45 ( {Gib Page. 2 of 2 PAGE: 2 55 SE 3'�' Avenue Okeechobee; FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): Mailing.Address: (p TN O 4 17 2- Home Telephone: Work: Cell: Property Address: O 1 h 6 >�C 3 Parcel ID Number: -- i S- 3 -7 - ' - - - 3S" O D/ O- 0 1 110 0- p 0 -7 O - c oolName of Applicant: n e Home Telephone: Work: - - Cell: - - 73 0 2 The undersigned, being the record tit e owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right a ad power of attorney to make application to the City of Okeechobee to change the land use of said property. This la ad use change may include rezoning of the property, the granting of special exception or variances, and appeals o f decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WHEREOF ERSIGNED HAVE SET THEIR gA4p� AND SEALS DAY OF _ 20F7r1" /7 / / WITNESS /WITNESS Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above anat they a ecuted the power of attorney fo a purpose stated.therein. Sworn and subscribed this IV day of 2pig, otticlel8eaj �" Notary �c SEAL Lavads Huff CO Sl0 Xp S: U Notary Public, State of Florida Myccmm. expires December13, 2008 Revised 7/08 Page 10 of 10 PIN NAME 31537350010011700040 B & R ENTERPRISES OF OKEECHOBE 3153735021A000OOOOEO BAUGHMAN JAMES & HOLT KIM 3153735021A000OOOOWO BAUGHMAN JAMES & HOLT KIM 3153735021A000000080 BREWER KAY CARRINGTON & MARIAN 3153735021A000000050 BROWN JENNIFER ANN, ETAL 31537350010011700070 BRYANT VERA H 31537350010014600040 BURDESHAW KEVIN W & CAROLYN J 31537350010014600070 BURK DONALD L 3153735021A000000210 CONRAD BRUCE F & LOUISE E 3153735021A000000070 CROSS STELLA H & LUSTER BILLY 3153735021A000000090 ELARDI DOREEN 3153735021A000000240 FANTOZZI EDNA MAE & GAINER FOR 3153735021A000000120 GRAY JEROME M SR & IRENE K & 31537350010014600010 GREEN HARLEY M & DOROTHY L 3153735001000010001F GRIFFIS CHARLES J 31537350010011500080 GRIFFIS CHARLES J 31537350010014700010 JOE LOUIS LAWSON CONSTRUCTION 3153735021A000000190 JORDAN CECIL E & BETTY JO 3153735021A000000040 KOENIG MATHIAS C & ELAINE L 3153735021A000000180 LEANDER JOHN W JR 3153735001000010001D LIGHTSEY RICK A & BONITA B 31537350010011700020 LIGHTSEY RICK A & BONITA B 31537350010011700100 LIGHTSEY RICK A & BONITA B 31537350010011600040 LIGHTSEY RICK A & BONITA B 31537350010011600010 LIGHTSEY RICK A & BONITA B 31537350010011700010 LIGHTSEY RICKY ALLEN 31537350010011600020 LIGHTSEY STEWART R & MARY K TR 3153735021A000000020 LUND STELLA G 3153735021A000000140 MAHNKE HAROLD J & CAROL 3153735021A000000280 MAMMARELLI KELLY B 3153735021A000000060 MARSHALL DOUGLAS R SR & BEVERL 3153735021B000000060 MASTALER TERRELL 3153735021A000000350 MAY JAMES 31537350010014600020 MCCROCKLIN ROBERT C (TRUSTEE) 3153735021A000000100 MCLEOD-COLE CAROL ANN 3153735021A000000150 MICHAELS ADLAI E (LIFE ESTATE) 3153735021A000000170 MINTON FREDDIE L & MINTON RUBY 3153735021A000000260 MORRIS GEORGE 3153735021A000000270 MORRIS GEORGE C JR & DOROTHY E 3153735021A000000250 MORRIS GEORGE C, III 3153735021A000000160 NEHLSEN BERNICE & NEHLSEN SAM 3153735001000010001K NUNEZ DAVID JR & ANITA S 31537350010014700060 NUNEZ DAVID JR & ANI-TA S 3153735001000010001H NUNEZ DAVID JR & ANITA S 3153735001000010001J NUNEZ DAVID JR & ANITA S 31537350010014600050 PADGETT STEVE ALLEN, ETAL. 31537350010014600100 PEACOCK DANNY R & DEBBIE L • • PIN --------------------- }------------- ---------------------- ------------- 31537350010014700040 3153735021A000000130 3153735021A000000030 3153735021B000000130 3153735021B000000070 3153735021A000000290 3153735021A000000220 31537350010011600070 31537350010011500020 31537350010011500050 31537350010011500010 31537350010011400070 59 records selec NAME RAYA LIDUVINA ROWNEY ROBERT J & BEVERLY RYAN JO ANN M & FRANK SCHWARTZ JAMES ROBERT SCHWARTZ JOSEPH & ELLA J SMALL EARL & MARY TINSLEY GAIL I TOVAR MAURO WATFORD DOWLING WATFORD DOWLING R TRUSTEE & WATFORD DOWLING R TRUSTEE & WATFORD DOWLING R TRUSTEE & MnMOOMMI 00 86 AC 50 50 50 125 3153735W t W WtWOtJ 50 50 50 50 Ito x5771®OIm1110041u Jt 118C0/0 6 5 4 3 2 ! 4 0 N78 AC ( CALC. ) 0 0 128. 6 Q v 81. 3 31537350010000f0001F 9197S�lmIlw1010 15Y1AMM OM 7 S 10 11 12 x5 7 89 50 50 50 50 50 too 62 A C 50 50 50 3 16 1 50 x5atmw WOO n 7—m l 6 X 4 /170C�0 ]I mlliCb010 � lemmo / 2K 6 4 72 P X-D 1 n53/,5➢IF001lAL 319IE®IOt1B�J0 89 AC 7 9 SO / 12 7 8 9�<10 11 12 CALC. 50 50 50 50 31 35MODOOf W 50 7 Iml 54 0 a17]Saltlllm00q umm 2X1 50 ns»m dffi.v u 0 L(l � xiDT�01B011b00A 7 X 9 3453].7n610011�p10 10 x 12 50 50 72. 6 37414 537�OO1 IO3 3�Imlgpp016 1 5 4 3% 1 Y 0 48 AC n A —7 C CALL. ) 0 31577i5091W/170W1f0 .� 6 x 8 9 1 HI o tu 7, CALC.) 3t53735Wt00W1WO1H 50 50fvl.mm0000 0 33 1 4 8 40. D7 90 usnaaowxalamw 97. 97 265. 72 6 5 4 3 2 1 Q 8C f47 AC 8A :19)EOYYtmppi[m x� too lot- 37 too m u, u �e�ma�s In 1 C 102. 25 C 3 n5i�1A0�15p al 1. ww" V ID Number. 3-15-37 35-0010-01160-0070 .. 0 by and return to: JrfLUtr WX1XRR 1 Okeo-Ts"de Title company, tne. 105 NW 6th street Okem:twbee, ponds 34972 Pit.R NO.29776 Warranty Deed This Indenture, Executed this May 9, 2008 A.D. Between MAURO TOVAR, A SINGLE MAN, IL OR 5K 00653 i VIT 43 SHARON ROBERTSON, CLERK D COURT OKEECHOBEE COUNTY. FL RECORDED 05/12/2003 10107955 A" ART 180 000.40 RECORDING FEES 18.50 DEED DOC IP260.00' RECORDED BY G Howbturn Pss 1448 — 1444; (2Pss) whose address is 9256 SS 62ND DRIVE, OKEECROBEE, FL I34974, hereinafter called the grantor, to D & A PROPERTIES (NUNEZ) INC., A whose post office address is: 610 N. PARROTT AVE, CORPORATION, FL 34972, hereinafter called the grantee: (whenever used hamin the teem "grantor" and "grantee" include all t* Parties to M lasoumcnt and the heirs, lcpl rcpm=tadvrs and assigns of Individuals, and the suanamrs and amigna of uarptaatiuns) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is herby acknowledged, hweb grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Okeechobee Co ty, Florida, viz Legal Description as Exhibit "A" Parcel ED Number: 3-15-37-35-001"1160-0070 Subject to covenants, restrictions, easements Together with all the tenements, hemditaments To Have and to Bold, the same in fee simple No taxes for the current year. thereto belonging or in anywise appertaining. And the grantor hereby covenants with said grants that the grantor is lawfully seized of said lasso in fee simple; that the grantor has good right and lawful authority to sell and convey sa d land; that the grantor hereby fully warrants the title to said land and will defend the earns against the lawful claims of ail parsons msoevcr; and that said land is fire of all encumbrances except taxes accruing subsequent to December 31, 2003. In Witness Whereof, the said grantor has Signed, sealed and delivered in our presence: Witness Printed Na I IIIIYQ. (�L ..(i' witness Prin Name PHYLLIS WALKER State of Florida County of Okeechobee The foregoing instrument was aclmowledged before me this personally known to me or who has produced a drivers license and sealed these presents the day and year first above wriltmL Wr(Seal) M Address: 56 SE 62ND DRIVE, OKEECFIOBEL, FL 34974 fay 9, 2008, by�URO TOVAR, A SINGLE MAN, who is/am identifiaadX Print Name - MrC0N1 MMI • on 7 4RD My C6mmluioa F.upirts ills t071asRNd"Phe AUMCa 07-01-200B 13:13 D A SOD K3 467 0610 HHUL:e Exhibit "A" LOTS 7 TO 12, INCLUSIVE, OF BLOCK 116, OKLBCIIO)3)!E, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT BEING RECORDED TN PLAT BOOK L. PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND SAID PLAT BEING RECORDED IN PLAT BOOK 5, PAGE S, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. rchlkb File Number. 29776 legal Description with Non Homestead Ck..es Chen.. Prepared fog:• City Applicant.• From: To. Petition No. 1375 Jackson Street, Suite 206 Fort MyerMorida 33901-2845 Phone: 23 4-3366 Fax: 239-334-6384 'Okeechobee Merry uarez (office and fish house) RSF-I & Holding CHVi 08-00�R Staff Report Applicant: ry Suarez(Office & Fish House) Rezoning Request Petition No.: 08-005-R General Information Applicant Address: 3679 NW 6th Avenue Okeechobee, FL 34972 Contact Phone Number: 863-634-7302 Existing Proposed Zoning DistrictRSF-1 & Holding CHV, Heavy Commercial - Use of Property Vacant dvuel)�n WOffics and Fish House NO Acreage 1.50 150 Access ...r Legal Description: LOTS 7 THROUGH 12, INCLUSIVE, OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT BEING RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND SAID PLAT BEING RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND: A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AND BEING COMPRISED OF ONE OF THE PARCELS OF LAND AS RECORDED IN OFFICIAL RECORDS (O.R.) BOOK 645, PAGE 1370 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, THENCE RUN SOUTH AND RUNNING ALONG THE WESTERN BOUNDARY OF PARCEL 4 ACCORDING TO PLAT NO. 1 OF TAYLOR CREEK WATERSHED AS RECORDED IN PLAT BOOK 3, PAGE 29, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, TO THE CENTERLINE OF THE 15 FOOT ALLEYWAY IN SAID BLOCK 116 AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH, ALONG THE WESTERN BOUNDARY OF SAID PARCEL 4 AND THE EAST BOUNDARY OF SAID BLOCK 116, TO THE SOUTHEAST CORNER OF LOT 12 OF SAID BLOCK 116 AND ALSO BEING THE NORTHWEST CORNER OF PARCEL 3 OF SAID PLAT NO. 1 OF TAYLOR CREEK WATERSHED; THENCE RUN SOUTHWESTERLY, ALONG THE WESTERN BOUNDARY OF SAID PARCEL3, TO THE CENTERLINE OF N.E. 3RD STREET (FORMERLY NINTH STREET) EXTENDED EAST, TO THE WESTERN SHORE LINE OF TAYLOR CREEK; THENCE RUN NORTHERLY, ALONG SAID WESTERN SHORE LINE OF TAYLOR CREEK, Staff Report . Applicant: Jerry•rez(Office & Fish House) Rezoning Request Petition No.: 08-005-R TO THE INTERSECTION WITH THE CENTERLINE OF SAID 15 FOOT ALLEYWAY EXTENDED EAST; THENCE RUN WEST, ALONG THE CENTERLINE OF SAID ALLEYWAY EXTENDED, TO THE POINT OF BEGINNING. The Applicant requests a zoning change from the existing zoning classification of RSF-1 and Holding to CHV to allow commercial uses on the subject property. qNo h �� East: Future Land Jse Map Classification: Single Family Zoning District: RMH Existing Land Use: Mobile homes across from Taylor Creek South futue ate �`� se'Map Classit3 #i All Existirit�a � r Sli fa `y residenoesa`ii0; West: Future Land Use Map Classification: Single Family Zoning District RSF-1- Existing Land se: Vacant The applicant is requesting this amendment to CHV to allow a commercial office building and continued use of the commercial fish house on the subject property. The single family structure, located on Lots 7 and 8, is being stripped and is in the process of being remodeled to be used as a commercial office. The fish house, located on Lots 11 and 12, is being proposed to continue as it is currently being used. Since processing operations are only allowed in the industrial zoning district, we do not believe that the commercial fish processing operation will be allowed to continue even if the property is rezoned to CHV as requested. 2 Staff Report Rezoning Request Applicant: ry Suarez(Office & Fish House) Petition No.: 08-006-R Analysis: Section 70-340 sets forth the following criteria to be considered in acting upon a petition to rezone property. The Applicant has submitted very brief statements addressing these criteria. Following are Staff comments: 1. The proposed use is not contrary to Comprehensive Plan requirements. The CHV Zoning District is consistent with a Future Land Use Designation of Commercial and would not be inconsistent with any requirements of the Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The proposed office use would be an allowable use under the CHV zoning district but the Land Development Code only allows processing operations in industrial zoning districts. Continuation of the fish processing operation would not be consistent with the limitations of the CHV district. However, numerous other types of business operations that would conceivably be incorporated into the commercial plaza proposed for this and the property to the south would be appropriate. 3. The proposed use will not have an adverse effect on the public interest. Given the fact that this property is to be used in connection with the recently rezoned commercial property to the south, the cumulative impacts of the entire commercial development will need to be assessed Possible adverse impacts of this development could come in the form of excessive traffic along neighboring roadways. However, the intensity of the development will be considered during the site plan review stage of the development permitting process. 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 view, while there is some residential development in the vicinity, the use to the immediate north is commercial and the property to the south was recently approved for a Small Plan Amendment and attendant rezoning to CHV. Given the recent actions by the City involving the properties to the south, and the fact that the subject properties are very similar in character and context to these aforementioned properties Staff believes that the proposed rezoning and can be considered to be compatible with adjacent land uses. 3 Staff Report0 Applicant: Jerry �ez(Office & Fish House) Rezoning Request Petition No.: 08-005-R 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. Since the rezoning is onsidered to be reasonably compatible with adjacent land uses and consistent4th the Comprehensive Plan and similar in character and context with the recent rezoning of the property to the south, Staff does not expect it to adversely affect property values or living conditions or to be a deterrent to improvement of adjace t 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 Buffering from the residentially zoned property to the east may be necessary and will be addressed during th site plan review. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools. streets, and utility services. While density will not be an issue, the intensity of development on the site will need to be considered in light of potential traffic considerations. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect publi safety. No traffic analysis has been submitted and one would not be expected for merely a small office building or aven continuation of the fish processing operation if this is allowed. If and when the property is developed as an integral part of the proposed commercial plaza, in all ikelihood a traffic impact analysis will be necessary. Flooding and drainage considerations will also have to be addressed because of the property's proximity to T ylor Creek. 9. The proposed use has n t been inordinately burdened by unnecessary restrictions. The property is not inord nately burdened by unnecessary restrictions. 111 Staff Report Applicant: ry Suarez(Office & Fish Hou§e) Rezoning Request Petition No.: 08-005-R Recommendation: Based on the foregoing analysis, and assuming that the Applicant's request for a SSA changing the Future Land Use designation from Single-family to Commercial, Staff recommends approval of the request to rezone the property to CHV. Submitted by. James G. LaRue, AICP Planning Consultant September 10, 2008 Future Land Use Map, Zoning Map, and Property Appraiser's Aerial of site and surrounding area 5 Staff Report Rezoning Request Applicant: Jerry Suardbffice & Fish House) 'Wbtition No.: 08-005-R FUTURE LAND USE S AREZ SITE AND ENVIRONS Suarez site 'SINGLE - FAMILY 200 0 200 400 Feet =MULTI - FAMILY - COMMERCIAL Staff Report Rezoning Request Applicant: Jerr1 arez(Office & Fish House) Petition No.: 08-005-R C LEGEND Q ,Suarez site R S F 1 RMF CHV ZONING SUAREZ SITE AND ENVIRONS 200 0 200 400 Feet II w i�— - :Un- - [BOLT Fd.nusbere0 la �I alQ¢ -- � a: WC [ rfi [ I N89'5O'L7'E 420.02'(C) N09'55'03'E 420'(P) CR 1'10TEC 0 1. Bearin�s shown are relative assusinBg 189157 OB'E along S. Line D.R.645/070. SCALE : AS SHOWN 2. This survey Is lased on Inforsation provided Dy tAe customer/agent and no search was lade of DUDIic retards ly TYPICAL LEC" this office to verify or deny owners, (WHERE APPLICABLE -SEE DRAWING) easements,dr right -of ways. PAN -PERMANENT REFERENCE MONUMENT 3. No vlsl Dle or underground Improvement PCP -PERMANENT CONTROL POINT 11 be9I I. ad except as shown. CNF-CW,AETE MONUMENT FOUND 4. This survey Is not valid without CMS -CONCRETE MONUMENT SET the signature and the dr Tnal ABF-5/B'REBAR FOUND raised seal of a Florida Licensed RBS-5/8'REBAA SET w/CaP No. 517B Surveyor and Mapper. MPF-IRON PIPE INE Ad dttlans or Deletions are prohibited POL-POINT-ON-LINE TELEPHONE without written consent of Surveyor. UTS-UNITED TELEPHONE SERVICE FPL-FLORIDA POWER C LIGHT CO. 5. According to FIRM map dated 2/04/1981 (FT -FIELD MEASURE [Pi -AS PER PLAT panel a t20177 0200B. parcel lies (C)-CALC.DISTANCE (WAS PER DEED In Not Included Area of City Limits. S/T-SEPTIC TANG NH -MANIDLE Flood Zone C. per Okeechobee County FC -FENCE CgeER PP -POWER POLE CMP-CORRi16.IET. PIPE TOB-TOP OF BANK Pianning C Zoning Department. MN;P-IEINF.CONC. PI PE Ce -CATCH BASIN •--e•— OYERHD. LINE NN -WATER METER 1. There may De additional restrictions --x—FENCE LIME U6-IAAE(16fWiND that are not recorded on this survey that may be found In the Public Records. ft F_ 3W GMET_ — ri I rITH CTR EET ( P ) 70'R/M - ASPHALT J m 1 . _:%.3 ! 2 LOTS 7 THRMH 12, BLOCK Its, PLAT NO. 1 OF TAYLOR CREEK WATERSHED. ACCCAUING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 29 OF THE PUBLIC FECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND: A PARCEL OF LAND LYING IN SECTION 15. TOWNSHIP 37 SOUTIL RANGE 35 EAST, OKEE- CHOBEE COUNTY, FLORIDA, AND BEING COMPRISED OF ONE OF THE PARCELS OF LAID AS RECORDED IN OFFICIAL RECORDS 10.FL) BOOK 645. PAGE 1370 OF TIME PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF BLOCK it6, OKEECHOBEE, ACCORDINI TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHO- BEE CnINTY. FLORIDA_ THENCE RUN SOWN AND IRMING ALONG THE WESTFRN FUNHURY OI CENTETTLIIE OF SAD CENTERLNE OF SAID HE INTERSECTION WITH THE THENCE RUIN WEST. ALONG THE OF BEGINNING. ME 589.50'17'X 299.98'(C1 S89'55'03'X 300'(P1 rt F_ 4TH GMST_ TE1TH AVEf1JE [ P 1 70'A/W RBF In Conc: I Unnumbered: IPF:Unnumbered 0.05'E.,0.74'11. 3 LOT 2 LOT I -- -1z I FIBS N89.50't6'E 300.13'(F) NBV55'O3'E 300'(P) 15' AL.LEY N89'5D'16'E 1f4.40'(C) PP W/ArICHOR PP 0 LOT 7 LOT 8 LOT 9 LOT 1O LOT I i LOT 12 LL ^ ... g o O mm, Z T N 31.3' m 28.5 DLOCK 116 I. OA ACRE6 +/- 19.91 0. d6 A015G'20. m Or a A'o 32.1' ICE m HOLKr- b 5D.2, 8 m l GErl I W S89'51'17'W 309.211F) S89155'03'W 300'(P) 16 RBS 4 n I z p gig RBF: ASPHALT ENDS — — ;' 99.96'(F) to POL POL _ RBF w/CaP No.5D81 1489'57'%'(C) / (ASSUMED) RNF:Unnumitered ` a l� I 0 o � I ry LOT 5 LOT 4 LOT 3 LOT 2 LOT I` I 6LOCK IA7 ry [ y Wry ABF:Unnusbered CORNER NOT SET: Heavy Overgrowth No Access U w *1 0 Chair Maxwell opened the public hearing. Anita Nunez, representing the owner, addressed the Board. She reported the old fish house would eventually be removed and the small house was going to be remodeled and used as the construction office for the project that is to be developed on this property and the property to the south. The first phase of the project is a convention hall, 12,000 square feet with water frontage to compete with the KOA and is scheduled to be completed June 2009. Intend to submit for site plan review for this first phase to be heard at the October Technical Review Committee Meeting. Chair Maxwell asked whether there were questions and/or comments from the public? Robert McCrocklin, 604 NE 3rd Street, one house up from the corner, NE 7th Avenue. He said he was representing several of his neighbors. Mr. McCrocklin expressed to the Board his wish to be on record as opposing the land use change. Mrs. Nunez asked for clarification, Of Mr. McCrocklin's residence in proximity of the property, then noted, there are several operating businesses in the area. Member Hoover moved to close the public hearing. Terry Burroughs seconded the motion. The motion carried unanimously. Board discussed the development location noting would clean up and enhance the area. The Board concluded this would not create a noise issue. Also discussed was a possible lighter use of commercial zoning. Mr. Brisson stated the rezoning was coming up directly after this application. Member Burroughs moved to find Application No. 08-005-SSA consistent with the Comprehensive Plan and recommend approval to City Council to change land use from single family to commercial; seconded by Member O'Connor.', The motion carried unanimously. Item #2,Petition No. 08-005-R: I�Jerry Suarez, property owner and applicant. Request for rezoning designation from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV). The property address is 701 NE V Street. Mr. Brisson presented the Petition and the Staff report of approval. This Petition is the rezoning of the prior item we just discussed for land use change. CHV district is consistent with the land uses. Buffering would be addressed at the site plan phase. Chair Maxwell opened the public hearing. There were no questions and/or comments from the applicant or the public. Member O'Connor moved to close the public hearing. Member Burroughs seconded the motion. The motion carried unanimously. Board discussed possible less dense commercial zoning. Decided not a good option due to the property to the south being zoned heavy commercial and the use proposed. 2 Member Burroughs moved to find Rezoning Petition No. 08-005-R consistent with the Comprehensive Plan and recommend approval to City Council to change the Zoning Designation from RSF-1 to CHV; seconded by Mike O'Connor. Motion carried 5 to 2, with Members Hoover and Member McCoy voting against the motion. Item #3, Public Hearing Petition No. 08-010-SE: Property owners David and Darryl Kinchen and Donna Beck, applicants Tiffanie Ramirez and April Hayles. Request to consider a special exception to allow a beauty shop within a Commercial Professional Office (CPO) zoning district (Ref. Code Book Section 90-223 (2)). The property address is 422 NW 3rd Street. Mr. Brisson presented the staff report of approval explaining the beauty shop has not been in use for over two years due to death of the owner, therefore the current applicants have to obtain a special exception to re- open the business. Density is not an issue. Chair Maxwell opened the public hearing. Applicant Tiffanie Ramiraz reported to the board, there are 13 parking spaces provided on the street. There will be only two workers and two clients at one time. Chair Maxwell asked whether any member of the public wished to address the board? Shirlene Graham, asked whether Mr. Maxwell knew of any parking issues in the area. Attorney Cook instructed the Board, the issues of parking and landscaping would be addressed when the applicant applies for their Business Tax Receipt (BTR). Member O'Connor moved to close the public hearing. Member Hoover seconded the motion. The motion carried unanimously. Board discussed the parking and landscaping issues, stating this is a quaint area. Attorney Cook has given us direction of the special exception as far as requirements for parking and landscaping, that the issues would be addressed at the time the applicant applies for their BTR. The Board asked Mr. Brisson whether they are required to impose any of the requirements? Attorney Cook answered, the Board has no authority over the parking requirements. The applicant has to comply with the current codes. They do not have to be stipulated. He further stated, the Board could impose conditions such as noise and odor, but complying with current City Codes is automatic. Member Burroughs moved to approve Special Exception Petition No. 08.010-SE to allow a beauty shop located within a Commercial Professional Office (CPO) zoning district (Ref. Code Book Section 90-223(2)); seconded by Member Hoover. The motion carried unanimously. Chair Maxwell closed the public hearing items at 7:11 pm • DMIBIT Z 0'r-T 7, 2008 2008 (Expires 9/30/09) Agreement between the City of Okeechobee, Florida and Local #2918International Association of Firefighters ARTICLE 1 PREAMBLE Section 1- It is the intent and purpose of this Agreement to assure sound and mutually beneficial working and economic relations between the parties hereto, to provide an orderly and peaceful means of resolving any dispute involving the interpretation or application of this Agreement, and to set forth herein basic and full conditions of employment. There shall be no individual or separate agreement(s) containing provisions contrary to the terms provided herein. Section 2-.For the purpose of this Agreement, the singular shall be deemed to include the plural, the masculine gender shall be deemed to include feminine gender, whenever the context requires. Section 3- The term "City" shall mean the City of Okeechobee, Florida. The term "Department" shall mean the City of Okeechobee Fire Department and the term "Chief' shall mean the Chief of the City of Okeechobee Fire Department. ARTICLE 2 RECOGNITION Section 1- The employer recognizes the Union as the sole and exclusive bargaining agent for those employees of the City of Okeechobee Fire Department holding positions included in the bargaining unit as set forth in certification number 639, issued by the Public Employees Relations Commission. ARTICLE 3 UNION ACTIVITY Section 1- The City will not encourage or discourage membership in the Union by discrimination in regard to hiring or other conditions of employment. Section 2- The Union, its members, agents, representatives, or any persons acting on behalf of the Union are prohibited from soliciting any bargaining unit employee during working hours of such employee. This section shall not be construed to prohibit the distribution of literature during the employees' lunch hours or in placed not specifically devoted to the performance of the employees' official duties. ARTICLE 4 BULLETIN BOARD Section 1- The City shall provide s Ix (6) square feet of wall space at the station staffed with full- time employees to accommodate a non bulletin board, white board or other appropriate fixture for the purpose of displaying Union no ices. Union. Such fixture shall be provided at the sole expense of the Page 1 of 13 0 • ARTICLE 5 DUES DEDUCTION Section 1- The City agrees to deduct Union dues from the pay of bargaining unit members who individually request in writing that such deductions be made, in an amount certified to be current by the secretary/treasure of the Union. Probationary employees shall not be subject to union dues deductions. The total amount of deductions shall be remitted monthly by the City to the secretary/treasurer of the Union. A properly executed copy of such authorization for dues deductions shall be delivered to the City before payroll deductions are made (Exhibit "A"). Such authorization is revocable at will upon thirty (30) calendar days written to the City (Exhibit "A"). Section 2- The Union shall indemnify, exonerate and save harmless the City from any claims and/or judgments against the City as the result of Union dues deductions. In the event that a claim, action, suit, or proceeding is brought by an employee, person, firm, or corporation against the City, as it relates to payroll deduction of dues, the City shall give written notice thereof to the Union by registered mail addressed to City of Okeechobee Fire Department, C/O the president of the local union. The Union shall defend said claim, action, suit, or proceeding at its own cost and expense without expense to the City, even if such claim, suit, action, or proceeding is false, groundless or fraudulent. Settlement of any such claim by the Union shall be subject to prior review and approval by the City. Section 3- The City shall not collect Union dues in arrears and shall not become involved in any collection of fines, penalties or any special assessments. Written request from the Union to change the amount of dues deductions shall be implemented by the City within thirty (30) calendar days of receipt. ARTICLE 6 COPY OF AGREEMENT Section 1- One copy of this final executed Agreement shall be supplied to each fire station staffed with full time employees and to the Union president. ARTICLE 7 MANAGEMENT RIGHTS Section 1- All inherent and common law management rights, powers, authority, prerogatives and functions which have been expressly modified, restricted or limited by a specific provision of this Agreement including, but not limited to, unilaterally determining standards of service to be offered to the public by its constituent operating areas, exercising control and discretion over its organization and operation, directing its employees, taking disciplinary action for proper cause, contracting and sub -contracting wok and relieving its employees from duty because of lack of work or for other legitimate reasons are hereby reserved and vested exclusively in the City. For purposes of this article, the phrase "for proper cause" shall mean consistent with City policy, procedures and regulations. Page 2 of 13 Section 2- The exercise of such ghts shall not preclude employees or their representatives from raising grievances in the event that management's action has the practical consequence of violating the terms and conditions set forth outside the Articles of this Agreement. ARTICLE 8 STRIKES AND LOCKOUTS Section 1- Neither the union or any other bargaining unit employee shall participate in a strike against the City by instigating or supporting, in any manner, a strike, slowdown, stoppage or any other interference with the normal operation of the City. Any employee who participates in a strike in violation to this section shall be subject to immediate dismissal in addition to any other penalties provided in Sec. 447.507, Florida Statutes. Section 2- The City shall not participate in an employee lockout. ARTICLE 9 SENIORITY, LAYOFF, & RECALL Section 1- As used herein the to "department seniority" shall be defined as the period of continuous employment with theity of Okeechobee Fire Department; the term "rank seniority" shall be defined as the continuous employment with the City of Okeechobee Fire Department as a Firefighter/EMT, or Firefighter Lieutenant. Section 2- Department seniority shall be accrued from the date of employee's first day of employment through the date of an employee's last day of employment, except as provided herein. Rank seniority shall be accrued the date of employee's first day of employment in a specific job classification through the date of an employee's last day of employment in the same job classification, except as provided herein. Section 3- Department seniority and rank seniority shall terminate; (1) upon the 13-month anniversary date of employee's layoff, (2) upon the effective date of an employee's resignation or (3) upon the effective date of an employee's dismissal. Accrual of department seniority and rank seniority shall be suspended for the period of any disciplinary suspension(s) without pay or unpaid leave of absence, excluding family medical leave authorized pursuant to City policies, procedures and regulations. Section 4- In the event of a departmental reorganization, any demotions shall occur in inverse order of rank seniority within the classification(s) affected, i.e., the Lieutenant with the least rank seniority shall be the first demoted to firefighter, etc. Layoffs shall occur in inverse order of department seniority within classification(s) subject to layoff. Section 5- An employee that is d compensated at his pre -demotion classification to which he is dem( position from which he was demc position is subsequently re-create be handled in accordance with cu toted due to reorganization or reduction in force shall be ty rate or at maximum pay rate established for the job d, whichever is lower. An employee shall be promoted to the d due to reorganization or reduction in force in the event the unless period is greater than 1 year, then filling of position will :nt promotional guidelines. Page 3 of 13 Section 6- An employee shall be recalled from layoff utilizing a formula based 50% on previous employment performance evaluation and 50% on seniority. Notice of recall shall be provided by certified mail to the employee at,his last known mailing address. It shall be the responsibility of the employee to notify the Chief of any change in address which occurs while on layoff. The employee shall be awarded fourteen (14) calendar days from the date of mailing to accept the recall offer in writing. In the event the employee declines or fails to accept the recall offer within this period, the employee shall thereafter be ineligible for recall. ARTICLE 10 PROMOTIONS Section 1- The following policies shall establish criteria to be used for the examination and evaluation of candidates for promotion to a position classification within the bargaining unit. The promotion policy does not preclude the City from accepting applications and/or hiring outside of the department, as long as the standards of Article 10, Section 9, below, are met and the applicant has held the rank directly below the of e being tested for a minimum of three years. Section 2- The Chief shall develop and administer all testingcriteria and all examinations nations shall be impartial and shall relate to those matters which will fairly test the candidate's ability to discharge the duties of the position for which he is testing. An employee's relative standing on a promotional eligibility list shall be established by compiling the scores, weighted as indicated, in the following categories: 1. Written examination........... one -quarter (1/4) 2. Oral examination ............... one -quarter (1/4) 3. Performance evaluation........ one -quarter (1/4) 4. Physical agility .................. one -quarter (1/4) 5. Length of service ....... ....... used as a tiebreaker Section 3- Examination materials hall consist of materials related to the duties to the position and shall be consistent with the City. ¢ list of text and references up on which the examination is based, will be included in the examination announcement, along with acquisition information. Section 4- The oral examination slhall be given by a minimum of a three (3) member panel chosen by the Chief. All members of the panel must have working knowledge or educational knowledge at least equivalent to an A.S. degree in fire rescue services. If a member of the panel is of the same rank as being tested, the member must have held that rank for at least three (3) years. A list of panel members will be given to the Union when study materials are issued to the candidates. If the Union has any questions about the qualifications of the panel, the Chief must be notified in writing within five (5) working days after receiptof list, identifying the specific questions. Section 5- Promotional examinations shall be conducted as required to meet the needs of the Department. Section 6- Announcements for prornotional examinations shall be posted in the fire station at least fourteen (14) calendar days prior to the closing date for applications. An applicant's eligibility to take a promotional examination will be determined on the basis of eligibility criteria established in the pertinent classification description. Applications received after posted closing date will not be considered. Page 4of13 Section 7- The relative standing�of all candidates for promotion shall be posted at the fire station within ten (10) days of the date n which examinations and evaluations are conducted. Section 8- A newly promoted employee shall serve a probationary period of six (6) months; said probationary period may be extended up to additional six (6) months at the sole discretion of the Chief. Section 9- To be considered a candidate for a ranking officer's position, the employee must have a minimum of three (3) years experience with the City of Okeechobee Fire Department as a professional paid firefighter or a total of five (5) years in the fire service as a paid professional firefighter. If there is not more than 1 qualified person for the promotional examination then the Chief may change the considerations for the position being tested. Section 10- No position shall be eft open for more than ninety (90) calendar days. ARTICLE 11 HOURS & LIGHT DUTY Section 1- Employees whose pos tions are in the bargaining unit of the effective date of this Agreement shall be organized int three (3) platoons, each working, for the purpose of payroll purposes, an average fifty-three (3) hour work week and an eight (8) Kelly days year based upon twenty-four (24) hour shifts commencing at 0700 hours and continuing to 0700 hours the following day. The 24-hour shift beginning, ending hours may be adjusted from time to time at the Chief s discretion. Section 2- The City agrees to permit employees to perform light duty work assignments during periods of temporary disability when such assignments are determined to be in the best interest of the Department and under such conditions as may be determined by the Chief on case -by -case basis, contingent upon prior approval ofl,the City Administrator and the attending physician. Such assignments shall be scheduled on an up to forty (40) hour workweek basis at the employee's normal hourly rate of pay, defined as 53/hour work week (annual salary divided by 2756 (53hrs X 52 weeks)). These provisions shall not guarantee availability of any light -duty assignment(s). Determination(s) regarding availability, duration, or conditions associated with light -duty assignments by the Chief or City Administrator shall not be subject to the contract grievance procedure. Section 1- A bargaining unit er the Chief (or in the Chief s abse bargaining unit employee when Department. ARTICLE 12 SHIFT EXCHANGE 1yee, with prior approval of the Chief and at the sole discretion of , the officer in charge), may exchange shifts with another exchange does not interfere with the proper operation of the Page 5 of 13 ARTICLE 13 PAY COMPENSATION Section 1- Effective and retroact�ve to October 1, 2007, each bargaining unit employee's base pay shall be adjusted in accordance herewith - Classification Firefighter/EMT 2 0% pay increase Lieutenant Firefigbter/EMT 2 0% pay increase Furthermore, effective on January 8, 2009 (the 1/8/09 payroll distribution) an additional lump sum (non -reoccurring `bonus') amount will be extended equal to 2% of the bargaining unit employee's December 31 base salary as described on the City's `Step Plan' chart at that time. Section 2 - A bargaining unit employee shall be compensated at the rate of one and one-half (1 1/2) times his regular hourly rate of pay for all hours physically worked in excess of 212 hours during each 28 day work period. Section 3 - A bargaining unit em loyee shall report for duty, as directed, upon receipt of an emergency call-back notice, auth rized by the Chief or other officer -in -charge, to assist with an existing or impending emergency. Except as excused by the Chief, or other officer acting on the Chief's behalf, refusal to report for duty following receipt of an emergency call-back notice shall constitute insubordination warranting disciplinary action up to and including dismissal from employment. Section 4 - A bargaining unit employee shall be compensated at the rate of one and one-half (1 1/2) times his regular hourly rate of pa for each hour worked [minimum two (2) hours] as the result of his response to an emergency callback notice (excluding scheduled work hours). Compensable hours shall begin upon the employee's receipt of such notice, excluding response time in excess of 15 minutes. Section 5 - Step up pay, in the ab; senior firefighter to fulfill the dail to their own). The Firefighter that hour, if Fire Inspector One Certifi the duties of the absent officer. Tl cycle. The Step up pay will only 1 is NOT caused by any type of Shi: of eight (8) consecutive hours. It i the daily functions of the absent of Section 6 - A bargaining unit f mandatory attendance at depar stemming from acts within the herein. nce of the shift officer at the Station, the Chief will designate a functions (as determined by the Chief) of the officer (additional ie Chief designates, will be compensated an additional $1.00/ i (FIOC), $.50/hour if not FIOC, for each hour they are fulfilling pay will be figured at the end of each twenty-eight (28) day available when the following items are applicable: the absence Exchange or Swap -time and the absences will be for a minimum understood that there will be times that a firefighter will fulfill .cer without additional compensation. e shall be compensated [minimum two (2) hours] for off -duty staff meetings and off -duty mandatory court appearances ee's scope of authority subject to the provisions of Section 7 Page 6 of 13 ARTICLE 14 ANNUAL & SICK LEAVE Section 1— Annual and Sick Leave accrual shall be described as follows: Annual Leave: Less than 10 years of service - 1 � hours per month 10 Years to 14 Years of service -16 hours per month 15 years or more of service - 22 hours per month Maximum Accumulation/Payment: 295 hours Sick Leave: Ten (10) hours per month at the end of the calendar month (no credit is given for the first month if it is less than 15 da s) No credit in any month during which employee is out 128 hours or more, with or without pay (wo�kers compensation is the only exception). Maximum Accumulation: None Payment of unused sick leave 500 with at least 10 years of continuous service & upon leaving the City in good standing Section 2 - Provisions relating to sick leave, shall be as established herein. Section 1— The city shall , accrual and compensation upon termination for vacation and City policies, procedures and regulations except as modified ARTICLE 15 INSURANCE . Medical insurance for the employee. ARTICLE 16 ONAL DEVELOPMENT Section 1 - Employees shall be entitled to reimbursement for travel expenses associated with professional development seminars, courses, etc., at which attendance is required by the City, in accordance with the provision of S c. 112.061, F.S. Section 2 - The City may pay the cost of tuition, books and related materials associated with attendance at approved job -related non-credit professional development seminars, courses, etc. Such seminars, courses, etc. shall be of Bred by recognized fire and/or emergency medical agencies and shall be subject to approval by the Chief Any standard set by City handbook dealing with education will apply. ARTICLE 17 UNIFO S & PROTECTIVE CLOTHING Section 1 - Uniform items and prol ective clothing for structural firefighting required to be worn by employees during the performance of their duties shall be provided by the City, without cost to employees, except as provided herein. Page 7 of 13 • • Section 2 - Each employee shalbe provided with one (1) fire helmet, one (1) hood, one (1) SCBA face mask, one (1) turnout coat, one (1) pair suspenders (if required), one (1) pair of gloves, one (1) turnout pants, one (1) pair of fre boots, five (5) uniform shirts, five (5) uniform pants, one (1) uniform belt, one (1) jacket with removable liner and (1) cap. Protective clothing for structural firefighting shall comply with 114FPA Standard(s) 1971, 1972, 1973 and/or 1975 at the time of purchase. Each employee's surname, in two (2) inch (minimum) reflective letters, shall be affixed to the back of their turnout coat below the normal position of SCBA equipment. Section 3 - A uniform or protective clothing item provided in accordance with this section shall be replaced without cost to the employee upon a determination by the Chief that said item is no longer in serviceable condition. Section 4 - Each employee shall be responsible for maintaining his uniform and protective clothing items in a neat, clean and presentable condition at the fire facility to which they are assigned. Inspection and inventory of un form and protective clothing items shall be conducted at the discretion of the Chief. Employes shall be responsible for the cost of replacing any uniform and/or protective clothing item for which they cannot account at the time of said inspection and inventory. Section 5 - Uniform, protective clothing items and all other property belonging to and provided by the City shall be relinquished tot e City within twenty-four (24) hours of an employee's termination of employment. The replacemen cost of any item not relinquished in accordance with this section shall be withheld from the employ e's final payroll check. ARTICLE 18 COMMUNICABLE DISEASES Section 1 - Employees shall be of rded immunization against Hepatitis B and testing/prophylactic treatment deemed medically advis ble following exposure to Hepatitis A, B or C, Tuberculosis, HIV, Meningitis or any other communicable diseases at no cost to the employee. ARTICLE 19 RETIREMENT Section 1 - The City shall maintain) current retirement system. ARTICLE 20 RULES AND REGULATIONS Section 1 - Bargaining unit employees shall comply with all City policies, procedures and regulations including, but not limited to, those policies, procedures and rules contained in the current Okeechobee City Personnel Policy Manual which are not in conflict with the terms of this Agreement. In the event of such conflict, the terms of this Agreement shall take precedence. All such policies, procedures and regulIations (and any revisions thereto) shall be readily available for review at all times at each full-time manned fire station. Page 8of13 Section 2 - New or revised policies, procedures and regulations shall be distributed to bargaining unit employees at least two (2) weeks prior to their effective date, except in the case of an emergency or in response to a mandate by an agency with regulatory jurisdiction. Section 3 - The Union hereby acknowledges that non-compliance with City policies, procedures or regulations which are not in conflict with the terms of this Agreement may result in disciplinary action in accordance with same. Section 4 - There is hereby established an Employee/Management Committee (EMC) which shall consist of four (4) members. Two (2) members shall be appointed by the Union and two (2) members shall be appointed by �he Chief. This committee shall meet at mutually agreeable times, but not less than semi-annually. he purpose of this committee will be to discuss matters conducive to improvement of employee/management relations including, but not limited to, interpretation and clarification of applicable policies, procedures and/or regulations. Meetings shall be conducted on an informal basis. This committee will function in an advisory capacity only. Copies of all understandings shall be furnished to the City Administrator's Office for review and approval, prior to implementation. Section 1 - The Union acknoi operation of the City and that tl: prerogative which shall be gov expressly modified by a specific as the following terms are define purposes of ensuring proper emp] ARTICLE 21 WE AND DISCHARGE edges that discipline is essential to the efficient and effective right to discipline and discharge its employees is a management ned by City policies, procedures and regulations except those rovision of this Agreement. The City agrees that, until such time and/or redefined by City policies, procedures and regulations for fee discipline, the following definitions shall apply: Abuse of paid leave/ Twol (2) consecutive or four (4) or more incidents of unscheduled excessive absence(s) - compensated and/or uncompensated absence from duty during any 12-month period, excluding absences certified by a licensed Florida phy+ian to be medically essential. Willful inefficiency - Failule to perform assigned tasks within a specified time period without reasonable justification in the sole judgment of the Chief. Unauthorized release Release of information exempt from disclosure pursuant to Chapter information - 119, V.S. Motor vehicle violations - Viol ions of state law or local ordinance relating to the operation of moto vehicle. Job abandonment - Failure to report to the Chief within 24 hours of any unauthorized absence from duty OR, any unauthorized departure from duty prior to the end of a scheduled duty tour. Page 9 of 13 ARTICLE 22 GRIEVANCE ARBITRATION Section 1 - As used herein, the term grievance shall be defined as a dispute between the City and a bargaining unit employee, or group of bargaining unit employees, involving the interpretation or application of this Agreement. Grievances, including those stemming from discipline and discharge actions, shall be processed in accordance with the procedure established herein. A dispute involving the exercise of any right of the City and/or its officers with respect to the management of its operations, not expressly limited by a specific provision of this Agreement, shall not constitute a grievance as defined herein. Section 2 - STEP 1 - The grieva t shall complete and submit an executed Grievance Form (Exhibit a copy of which is attache', ereto and made a part hereof, to the Chief within five (5) calendar days after the occurrence which gave rise to the grievance. The Chief shall copy the executed Grievance Form to the President of the Union and all members of the Employee/Management Committee (EMC) within twenty four (24) hours after its receipt. The Chief and the President of the Union shall schedule a meeting of the EMC, to be conducted within ten (10) calendar days after the Chiefs receipt of the executed Grievance Form, to consider the grievance. If the EMC determines that the grievance has merit, it shall attempt to facilitate a final resolution of the grievance within lten (10) calendar days after said determination. If the EMC cannot facilitate a final resolution of they grievance, the EMC's findings and recommendation(s) thereon (including specifically the sectior�(s) of this agreement determined to have been violated) shall be provided to the grievant, the Chief and the President of the Union within five (5) calendar days after such attempt. Thereafter, the grievance may be pursued to STEP 2 of this procedure. If the EMC determines that the grievance is without merit, it shall provide written notice of such determination to the grievant, the Chief and the President of the Union within five (5) calendar days after same. In the event the grievant chooses to pursue the grievance further, the grievant shall be solely responsible for his attorney' fees and costs associated therewith. STEP 2 - If the grievant decides to pursue the grievance beyond STEP 1 of this procedure, he shall submit it and all related document tion and evidence as defined herein below to the Chief within five (5) calendar days after issuance �f the EMC's findingd anrecommendation(s) for resolving the grievance. The Chief shall then have five (5) business days to submit all City documentation and evidence to the grievant. The Chie , or his designee, and his representative, if applicable, shall meet with the grievant and the grievants Union representatives to discuss the grievance within five (5) business days following the afore0aid exchange of documentation and evidence. The Chief shall render a written disposition on the grievance to both the grievant and the President of the Union within five (5) business days afte the STEP 2 meeting. If said disposition does not satisfactorily resolve the grievance, it may be pursued to STEP 3 of this procedure. STEP 3 - If the grievant decides to pursue the grievance beyond STEP 2 of this procedure, the grievant and the Chief shall submit it and all related documentation and evidence as defined herein below to the City Administrator's Office within five (5) business days after the STEP 2 disposition by the Chief. The City Administrator, or his designee, shall meet with the grievant and the grievant's Union representatives to hear all evidence relating to the grievance within five (5) business days after its receipt. Page 10 of 13 All evidence relating to the gri'levance shall be submitted; the term evidence is herein defined to include, but not be limited to, a' listing of the name(s), address (es) and telephone number(s) of all witnesses, accompanied by a detailed summary of the testimony to be offered by each and a copy of each document which the parties intend to offer into evidence. The City Administrator, or his designee, shall render a written disposition on the grievance to both the grievant and the President of the Union within ten (10) business days after the STEP 3 meeting. If such disposition does not satisfactorily resolve the grievane, it may be pursued to STEP 4 of this procedure. STEP 4 - If the grievant decides to pursue the grievance beyond STEP 3 of this procedure, he shall submit a written Notice of Intent to Arbitrate to the City Administrator's Office within five (5) calendar days after the STEP 3 disposition by the City Administrator, or his designee. Section 3 - If the parties cannot jointly select an arbitrator to hear the grievance within five (5) business days after issuance of 4 Notice of Intent to Arbitrate, the Union shall request the Federal Mediation and Conciliation Ser�ice (FMCS) to provide the parties with a panel of seven (7) arbitrators (Florida residents) from which an arbitrator shall be selected. Within ten (10) business days after receipt of the FMCS panel, the parties shall meet or confer by telephone to select an arbitrator. Upon such meeting or conference, the parties shall be entitled to alternately strike prospective arbitrators (one at a time) from the FMCS panel until only the arbitrator who will hear the subject grievance remains. Section 4 - The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the parties in the presence of each other. Evidence and arguments, which have not been submitted for the record at STEP 3, shall not be submitted to, or considered by, an arbitrator. Section 5 - The arbitrator shall be limited to the interpretation and application of the specific terms of this Agreement. An Arbitratorshall not have the authority to render a decision on any matter not submitted for arbitration; nor the authority to substitute his judgment for that of the City Administrator on matters solely within the purview of the City Administrator pursuant to Florida law and/or City policies, procedures ',and/or regulations; nor the authority to interpret or apply this Agreement in a manner which changes what can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract; nor the authority to add to, subtract from, alter, amend and/or modify the terms of this Agreement. Section 6 - The arbitrator shall att(mpt to render a decision on the grievance within thirty (30) days after conclusion of the arbitration. The arbitrator's decision shall be in writing, shall set forth the arbitrator's rationale and conclusigns on the issue(s) submitted and shall be final and binding upon the parties to this Agreement. Any award of back pay provided in an arbitrator's decision shall be reduced by the amount of compensation that would not have been earned by the grievant, subsequent to the date the related grievance was filed, had the basis for the grievance not arisen. Section 7 - The time limits set forth in STEP 1 and STEP 2 of this procedure may be extended by written mutual agreement between �he Chief and the President of the Union. The time limits set forth in STEP 3 and STEP 4 of this procedure may be extended by written mutual agreement between the City Administrator and the President of the Union. Section 8 - Except through extension(s) as provided herein, failure of the Union or the grievant to adhere to the time limits set forth in this procedure shall constitute a waiver of the entitlement to pursue a grievance further. Except through extension(s) as provided herein, failure of the City to Page 11 of 13 adhere to the time limits set forth in this procedure shall entitle the Union or the grievant to advance to the next step. Section 9 - Each party shall bear the cost of its own witnesses, representatives, transcripts, photos, etc. However, fees and expenses of the arbitrator shall be borne equally by the parties. ARTICLE 23 CONSOLIDATION OF DEPARTMENTS Section 1— If during the term of lexistence of this contract a private company applies to take over the services of the City Fire Department, or the County of Okeechobee and the City of Okeechobee negotiate the consolidation of the two departments, the City shall negotiate the terms of that agreement by including a request that all then current Union firefighters within the City are carried over as full time employees of the new entity. ARTICLE 24 SEVERABILITY Section 1— If any provision of this agreement should be declared invalid by any court action, state law or federal law, the remaining parts or portions of this Agreement shall remain in full force and effect. ARTICLE 25 DUTY SCHEDULE Section 1— The schedule will remain 24hrs on and 48hrs off. Section 2 — The City shall post a monthly schedule at the fire station prior to the first day of the month to which the schedule applies. When schedule is modified it will be posted as soon as possible. Section 3 — The City shall maintain three EMT/Firefighter II State Certified Firefighters on shift at all times. ARTICLE 26 APPENDICES AND AMENDMENTS Section 1— Any/all appendices and amendments of this Agreement shall be numbered or lettered, dated, and executed by the parties hereto. ARTICLE 27 DURATION Section 1— This agreement shall be effective on the date of execution by both parties, and shall remain in full force until the 301h day of September 2009. Each party shall notify the other of its intent to renegotiate all or part of the Agreement on or before May 1, 2009. Page 12 of 13 IN WITNESS THEREOF, the parties have made and executed this agreement of the respective dates under such signature below, including that of the City of Okeechobee, Florida, acting by and through its City Council and Mayor, who is authorized to execute this agreement on behalf of the CITY, as witnessed by the City Clerk, on this 7tb day of October, 2008. As to the City of Okeechobee: James E. Kirk, Mayor Date: ATTEST: Lane Gamiotea, CMC, City (Clerk As to Local #2918 International Association of Firefighters Karl Holtkamp, President Date: Page 13 of 13 ,1 Exhibit "A" - r = -AUTHORIZATION TO: DEDUCT 'UNION -DUES"':-' hereby authorize Okeechobee -County Finance Office to deduct Union dues from my jI payroll checks and remit same to IAFF Local 2918 in .accordance with .the .terms and ' conditions of the current CBA. Jj ,I Name (signature):. Date: 4 Name (print): REVOCATION OF AUTHORIZATION TO DEDUCT UNION DUES I hereby revoke -my previous authorization for Okeechobee County Finance Office to deduct Union dues from my payroll checks, effective immediately. Name (signature): Date: Name (print): . Exhibit T" GRIEVANCE FORM Grievant (print): Date Filed: Date of occurrence giving rise to this grievance: Description of occurrence givingg-rise to this grievance ( provide COMPLET i.e. date of occurrence, witness (es), etc.; attach additional sheets if necessadescnpfion, rY): Articles) and Sections) of CBA alleged to have been violated: Requested remedy: Grievance received by: Grievant (signature); Date: STEP 1 Date copied to President and EMC members by Chief: Date considered by EMC: EMC determination: STEP 2 Date of notice that grievant intends to pursue grievance to STEP 2: Date of STEP 2 meeting: STEP 2 determination: Chief (signature): Date: STEP 3 Date received by .County Administrator's Office: Date of STEP 3 meeting: STEP_ 3'determination: County Administrator (signature): Date: STEP 4 Grievant hereby provides Notice', of Intent to Arbitrate this grievance pursuant to Article 25, Section 3 of the CBA. Grievant (signature): Date received by County Administrator's Office: - ' I Date FMCS panel requested: Arbitrator (name): Date selected: • • BMIBIT 3 Oer 7, 2006 CITY OF OK..EECHOBEE (863) 763-3372 AGENDA ITEM REQUEST FORM PLEASE SUBMIT COMPLETED FORM TO: CITY ADMINISTRATOR'S OFFICE 55 SE 3RD AVENUE OKEECHOBEE, FLORIDA 34974 NAME:. �= _ ADDRESS: /.-= - - P l`L) � 70 __ E--z �-I_ FAX (863) 763-1686 TELEPHONE: — 5y' I ---- FAX: MEETING: REGULAR M SPECIAL1 Cl Cl PLEASE,STATE �rHE IT YOU WISH TO HAVE �L` PLACED �THE CTY�COUNCILK/AG Gr —1 `47CL---CC-- -- --- i G - -- L-=----- - PLEASE STATE W HAT]DEPA RTME14T(S) YOU HAVE WORKED WITH. �) �-- P EASE STATE DESIRED ACTION BY THE CITY COUNCIL: ' ;�, � ' i � �`l -�� /�Iriri �✓i�-5�r����2�'_�� �?r�rt ��= ��i -F i c'r _ �z�r?�'�l it �L�f Le-1--f� - f c d —z-vi '7! Wig 014 . PLEASE SUMMARIZ PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: / l ld t f LL _ CL (_Ui tC%—�(J� �t s _o'�C11 —16% IF A PRESENTATION IS TO BE MAI IE, PLEASE APPROVED BY THE MAY SIGNED BY: TO TEN MINUTES UNLESS OTHERWISE ® Kimley-Horn ® and Associates, Inc. September 11, 2008 Brian Whitehall Administrator City of Okeechobee 55 SE 3rd Avenue Okeechobee, Florida 34974 Re: Goody's Center Summary of Project Issues KHA #144210000 Dear Mr. Whitehall: Kimley-Horn and Associates, Inc. has prepared several analyses for the proposed Goody's Center in the City of Okeechobee. This letter summarizes the issues raised after each study was submitted, and describes, the attempts at resolution of each issue. Full copies of the reports and responses to the comments are attached. Comments on Original October 2007 Study ■ 1690 S. Congress Avenue Suite 100 Delray Beach, Florida 33445 Comments related to the original report dated October 2007 were issued on February 5, 2008. Representatives from the project met with the City and their consultant on February 12, 2008 to discuss the comments and issues. A summary of mutual understanding of the issues was issued by the City's consultant on February 13, 2008. Accordingly, the study was updated and submitted on February 25, 2008. A summary of the February 5 comments and their responses is included below: 1) Per attached, the trip generation, internal capture, and pass -by trips generated by the applicant are inconsistent with those generated by the reviewer (i.e., the adjusted applicant's PM Pk Hr trips of 264 (Table 1 versus the reviewer's 314! A difference of 50 PM Pk Hr Trips.) Response: The trip generation methodology was clarified and agreed to at the February meeting. Attachment A includes the updated trip generation and the backup material for the pass -by trips. 2) The applicant's annual growth rates for SR 70 and US 441 could not be verified either. Straight line projections based on 5 years of data from FDOT indicate an annual growth rate of 5.99% for SR 70 west of US 411 and 2.83% east of US 441 as opposed to the applicant's 2.92% for both! TEL 561330 2345 FAX 561330 2245 Kimley-Horn and Associates, Inc. Mr. Brian Whitehall, September 11, 2008, Page 2 Response: The City's consultant provided growth rate tables and these were included in the updated report. Attachment B includes the growth rate material that was included in the updated report. 3) It is not clear on what basis the traffic is distributed on page 5 and why is it inconsistent with Figure 2? Response: The distribution was updated based on the discussions at the February meeting. The updated distribution figure and backup material are included in Attachment C. 4) Considering #1 and #2 above the contents of Table 2 is questionable, particularly 4.99% "Project Impact" on US 441 which needs to be redone. Response: Table 2 was updated based on the comments above and included in the updated report. Attachment D includes the updated table. 5) It is not clear what interaction is anticipated between the land uses from the proposed development and the WalMart across US 441. On both US 441 (RIRO?) and SW 21st St, Response: Based on the February meeting, some of the Goody's traffic was assigned to the Wal*Mart Shopping Center. This was reflected in the updated report. The updated distribution figure showing the Wal*Mart assignment is included in Attachment C. 6) It is not clear what appendix F "FDOT Signal Data" containing a single Plan Sheet dated "12-14-99" is supposed to indicate? The Intersection of SR 70/US 441? Some explanation is needed here. Response: This sheet was removed. 7) Synchro runs in Appendix G need to be redone based on the above comments (particularly #3 above) and typos (SW 28th St Signalized? SW 32nd St of city limits?). Response: The Synchro runs were updated and included in the report as Appendix F. 8) Appendix E is LOS determination for FHS and Non-FIHS Roads in Okeechobee is based on 2005 traffic count data. The LOS based on 2006 is now available from FDOT and needs to be utilized. Response: The 2006 tables were utilized in the updated study as requested. These tables are included as Attachment E. Kimley-Horn and Associates, Inc. Mr. Brian Whitehall, September 11, 2008, Page 3 As can be seen, the issues raised in the February 5, 2008 comment letter were addressed and updated information was provided in a study dated February 25, 2008. Comments on February 25, 2008 Study Subsequently, a comment letter was issued by the City's consultant on March 28, 2008. An updated report and response to comments letter was prepared on May 7, 2008. These comments and a summary of their responses are included below. Section A comments 1) (New Issue) Although the revised TIA mistakenly indicates the US 441 link between SR 78 and SR 70 as having LOS F with or without the proposed project (FDOT LOS for this link is C based on 2006 Traffic), the applicant's acknowledgment as to the proposed project's traffic significant impact on this roadway link is enough to question its direct access to US 441. Response: The study was updated to show the correct LOS on US 441. The tables are attached in Attachment F. 2) (New Issue) As a Class 2 arterial facility, US 441 requires a connection separation of 660'. The distance between SW 21 and SW 22 is approximately 450' (No survey or dimensioned site plan has been provided by the applicant); therefore no access point between the two existing streets would be consistent with that connection separation requirement. While direct access was initially afforded to the property in the past, even before the advent of Wal-Mart, the intensity of the uses on the site at that time pale in comparison with the proposed level of intensity. While the FDOT may not require elimination of any existing direct access to the site, the Staff recommends that in light of the increasing pressure for access management and safety along a very busy arterial roadway, that such access should not be provided to the proposed development. Response: At this time, the study was resubmitted assuming that access could be provided from US 441. Later studies removed this access from the analysis. 3) (New Issue) M F1Kimley-Horn Mr. Brian Whitehall, September 11, 2008, Page 4 and Associates, Inc. Consequently primary full access to the proposed project via SW 21 signalized intersection with the dedicated right turn lane improvement and the secondary access via SW 22nd Street unsignalized intersection along with the internal circulation via the parking layout constitute a viable alternative to any problematic direct access to US 441. With the increased use of the 21st exit, the need for a right-hand turn lane on 21st Street would likely be more necessary. Response: No additional turn lanes were recommended in the updated study, as access was still proposed on US 441. 4) (New Issue) It is our understanding (based on the e-mail from FDOT on December 31, 2007 to the applicant) that the addition of a right turn lane at the intersection of SW 21/US441 would reduce the approach delay from 73 seconds to 44 seconds and the LOS for the intersection from LOS E to LOS D. We have requested FDOT to provide Synchro runs for this intersection analysis for our review to determine whether their assumptions are consistent with the original TIA. It should be pointed out that with the access to the project being limited to SW 21st and 22nd, and the redistribution of driveway traffic volume, new intersection analyses need to be provided for both SW 21st (with and without right -turn lane) and SW 22nd intersections, in a manner that would allow for a determination of the increased capacity of the intersection and the share of such increase that would be used by traffic generated by the project, thus allowing an estimate of the project's fair share of the cost of the improvements. Response: No additional turn lanes were recommended in the updated study, as access was still proposed on US 441. Section B comments 1) (New Issue) It is not clear why Table 3A indicates "Existing" and "Committed" for 2007 as being the same for US 441 and SR 70, while in Table 36, they are different. Additionally using 2006 traffic data for 2007 for both tables without applying the appropriate annual growth rate is incorrect. Response: This was a typographical error on our part. It was corrected and the conclusions of the report were not affected. Table 3A is included in Attachment F. 2) (New Issue) In Table 3A the data for SW 28th Street AADT is missing, without Kimley-Horn Mr. Brian Whitehall, September 11, 2008, Page 5 and Associates, Inc. which significant impact cannot be determined. The TIA indicates there is "No" significant impact. Response: Although the project does not significantly impact SW 28th Street volumes for this road were provided in the updated report as requested. Table 3A is included as Attachment F. 3) (New Issue) SW 22 unsignalized intersection analysis is missing. Additionally, Figure 3 driveways volume and the proposed site plan (Appendix A) are inconsistent. The site plan indicates no access to SW 22nd. Response: Typically we would only provide intersection analysis for signalized intersections; therefore, intersection analysis at US 4411 SW 22"d Street was not originally included. However, as requested, we collected volumes at this intersection and provided an analysis. The conclusions of the report did not change. This data is included as Attachment G. 4) (Old Issue) In our meeting of 2/13/08 the applicant was required to provide backup/supporting material for pass -by trips. Not only is no backup provided for the previously stated 46% pass -by for the drive in bank, the pass -by is increased to 47% in the revised TIA without any substantiation. Response: The table was inadvertently left out of the revised study but was included in this update. The conclusions of the study did not change. The pass -by documentation is included in Attachment H. 5) (New Issue) The Peak Hour factors within the provided analyses are inconsistent with FDOT acceptable range of 0.88 to 0.93 based on Table 11 of the Site Impact Handbook, Response: The peak hour factors in the original study are the actual factors observed in the field. Nonetheless, these factors were recalculated manually, and these calculations were included in the updated report. Since the factors were not changed, the conclusions of the report did not change. These manual calculation are attached as Appendix I. 6) (New Issue) LOS analyses for SW 21st and 22nd need to be provided in the light of the primary and secondary access locations along these roads subject to LOS D. Kimley-Horn Mr. Brian Whitehall, September 11, 2008, Page 6 and Associates, Inc. Response: Capacity analyses for the intersections of US 441 with SW 21st St and SW 22"d St were included in the updated report, as requested. These analyses are attached as Attachment J. As can be seen, the issues raised in the March 28, 2008 comment letter were addressed and updated information was provided. Access was assumed to remain on US 441. However, upon further discussions with the City, it was decided that an analysis would be provided without access to US 441. This study was submitted on May 28, 2008, and included all of the previously addressed comments. Comments on May 28, 2008 Study Subsequently, a comment letter was issued on July 21, 2008. A summary of these comments and their responses is included below: 1) (New Issue) There would not be any access to US 441 (If that is the case why is there still intersection analysis done for "Signalized Shopping Center Driveway and US 441?). Response: This was a misunderstanding, the "signalized shopping center driveway" analysis included in the report is for the shopping center with signalized access south of SW 28u' Street. This has been included in all analysis previously. 2) There would be link level of service analysis for SW 21s' and SW 22nd. Response: This was a misunderstanding on our part,previously only intersection analyses were included. Link analyses were included in the updated report. Due to the very low volumes on these roadways, the conclusions of the report did not change. The updated tables are included in Appendix K. 3) Figure 3, although correct, is inconsistent with the site plan provided in Appendix A, which still shows a right-in/right-out access to US 441. Response: It was recognized that the site plan showed access to US 441 but if access is not allowed, it would be removed from the site plan. 4) We will provide the submitted TIA to FDOT for their review and comments as is and copy you in order for FDOT staff to contact you directly with any questions that they might have. Kimley-Horn Mr. Brian Whitehall, September 11, 2008, Page 7 and Associates, Inc. Response: Comment noted. The updated report and response to comment letter were prepared on July 28, 2008. Comments on July 28, 2008 Study Subsequently, the following comments were issued on September 9, 2008. A response to these comments is being issued under separate cover. SW 21St Street roadway link from US 441 to SW 2nd Avenue and SW 215f Street driveway analysis 1) With SW 21s' Street being only a two-lane facility, we are particularly concerned about its ability to safely accommodate all of the traffic movements within the approximate 330 lineal feet available (including the curb radii of US 441 and SW 2"d Avenue. Therefore, the analysis should be based on, and should show, the following information: a. (New Issue) Existing/background traffic along SW 21s' Street including through traffic along the link; turning movements onto US 441 and SW 2"d Avenue from SW 21s' Street (including that associated with the existing business located at the northwest corner of US 441 and SW 21s' Street); and, turning movements from these roads onto SW 21s' Street. Response: Intersection analysis at the intersection of SW 21s' Street / SW 2"d Avenue has not previously been requested. Given the very low traffic volumes on these roads, and the very low impact from this project at that intersection, it seems unnecessary to provide an analysis. The turning movements at SW 21 s' Street / US 441 and at the driveway do include the existing and background traffic in the July 28 report. This includes the traffic from the existing businesses. Copies of the intersection volume sheets are attached as Attachment L. b. To these data should be added the traffic to be generated as a result of development of the project. These data should include all turning movements from and onto US 441 and SW 2nd Avenue and into and out of the project driveway on the south side of SW 21 st Street. Response: The project traffic was added to the existing traffic at the driveways and at the intersection of SW 215' Street/ US Kimley-Horn Mr. Brian Whitehall, September 11, 2008, Page 8 LJ M F1 and Associates, Inc. 441 in the July 28 report. Copies of the intersection volume sheets are attached as Attachment L. c. The background traffic data and project traffic data should be shown separately followed by the aggregate of the two sources of traffic as the basis if the final analysis. This information and analysis should be adequate to allow us to determine whether or not the combination of the background traffic and that generated by the project can be safely accommodated within the current roadway configuration, or if turning or stacking lanes will be necessary. Response: The project traffic was added to the existing traffic in the July 28 report. Copies of the intersection volume sheets are attached as Attachment L. 2) (New Issue) Please provide us with explanations as to any assumptions and show all calculations of growth in background traffic for build -out plus one year in the TIA Tables 3A through 46. Response: The background growth rate was provided by the City's consultant at the February meeting and was included in the analysis since that time. The calculation of these growth rates are included in each report and re -attached to this letter as Attachment B. You may wish to note that LOS D applies to SW 215t and SW 22"d Streets and the appropriate section in the FDOT LOS Handbook is the "Cities or Rural Developed Areas Less Than 5000" section of Tables 4-3 and 4-6. Response: Comment noted. 3) (New Issue) Also please provide explanations as to any assumptions for stacking or queuing for turning movements into or out of the project entrances onto SW 21st and US 441 and indicate the applicable Turn Lane Policy. Response: A queuing analysis was not previously requested at this intersection. Nonetheless a queuing analysis is being provided under a separate response to comments letter. B. US 441 Intersection Analysis: Prior to the issuance of any letter of concurrency, we will require a letter from the FDOT stating that the data, methodology, and Kimley-Horn Mr. Brian Whitehall, September 11, 2008, Page 9 and Associates, Inc. analysis submitted by the applicant is acceptable to the FDOT and that the FDOT finds that no operational improvements will be necessary to the US 441 — SW 21st Street intersection or its approaches, or intersection signalization, as a result of the proposed project. Response: Comment noted. We trust that this summarizes the issues throughout the history of this project. As you can see, we have endeavored to respond to the issues as they are raised and provide the necessary information. If you have further questions, do not hesitate to call me at 561-330-2345. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Adam B. Kerr, P.E. Transportation Engineer ABK/ Enclosure ® Kimley-Horn ®® and Associates, Inc. Attachment A TABLE 1 GOODY'S CENTER TRIP GENERATION Land Use Intensity Daily AM Peak Hour PM Peak Hour Total In Out Total In Out Trips Proposed Site Traffic Drive -In Bank 3,750 s.f. 941 46 26 20 172 86 86 High Turnover (Sit -Down) Restaurant 4,200 s.f. 534 48 25 23 46 28 18 General Commercial 24,600 s.f. 2,729 67 41 26 248 119 129 4,204 161 92 69 466 233 233 Subtotal Internal Capture Drive -In Bank 2% 19 1 1 0 3 2 1 High Turnover (Sit -Down) Restaurant 2% 11 1 1 0 1 1 0 General Commercial 2% 55 1 1 0 5 2 3 85 3 3 0 9 5 4 Subtotal Pass -By Capture Drive -In Bank 47% 433 21 12 9 79 39 40 High Turnover (Sit -Down) Restaurant 15% 78 7 4 3 7 4 3 General Commercial 44.55% 1,191 29 18 11 108 52 56 1,702 57 34 23 194 95 99 Subtotal Driveway Volumes 4,119 158 89 69 457 228 229 Net Pro osed Tri s 2,417 101 55 46 263 133 130 Note: Trip generation was calculated using the following data: Daily Traffic Generation High Turnover (Sit -Down) Restaurant [ITE 932] = T=127.15 tips / 1,000 sq. ft. General Commercial [ITE 820] = T =ell • U111+1.13 Epps 11,000 Sq. ft. Drive -In Bank [ITE 912] = T = 182.34 (?) + 256.87 trips / 1,000 sq. ft. AM Peak Hour Traffic Generation High Turnover (Sit -Down) Restaurant [ITE 9321 = T = 11.52 trips / 1,000 sq. ft. (52% in, 48% out) General Commercial [ITE 8201 = T =e '60 * z.zs trips / 1,000 sq. ft. (61% in, 39% out) Drive -In Bank [ITE 9121 = T = 12.34 trips per 1,000 s.f.; (56% in, 44% out) PM Peak Hour Traffic Generation High Turnover (Sit -Down) Restaurant [FIE 932] = T =10.92 trips / 1,000 sq. ft. (61% in, 39% out) General Commercial [ITE 820] = T =e " L(x)' 3'w trips / 1,000 sq_ ft. (48% in, 52% out) Drive -In Bank [ITE 912] = T = 45.74 trips per 1,000 s.f.; (50"/o in, 50% out) Pass -By Capture High Turnover (Sit -Down) Restaurant [ITE 932] = 15.00% General Commercial [ITE 820) _ % = 45.1-0.0225(A), A is General Retail in ksf Drive -In Bank [ICE 9121 = 47.00°% A:Vxd_tpto11442110000yebnrary2008updareVtripgea.xlsfrablel tripgm 21241200812.41 KEY• M Elld ASSOdaI95, hIC. E Table 5.20 Pass -By Trips and Diverted Linked Trips Weekday, p.m. Peak Period Land Use 912--Drive-in Bank DIVERTED ADJ.STREET SIZE WEEKDAY NO. OF TIME PRIMARY NON -PASS- LINKED BY TRIP (%) TRIP (%) PASS -BY TRIP (%) PEAKHOUR UME SOURCE (1,000 SO. Fr. GFA) LOCATION SURVEY DATE INTERVIEWS PERIOD TRIP No) 16.0 Overland Park, KS Dec. 1988 20 4:30-5:30 p.m. 55 — 30 15 48 n/a 2,570 n/a Barton-Aschman Assoc. : 3.3 Louisville area, KY Jul. 1993 n/a 4:00-6:00 P.M. 22 — 30 64 2,266 Barton-Aschman Assoc. 3.4 Louisville area, KY Jul. 1993 n/a 4:00-6:00 P.M. 22 — 14 57 1,955 Barton-Aschman Assoc, 3.4 Louisville area, KY Jul. 1993 75 4:00--6:00 p.m. 11 — 32 47 2,785 Barton-Aschman Assoc. 3.5 Louisville area, KY Jun. 1993 53 4:00-6:00 p.m. 32 21 53 2,610 Barton-Aschman Assoc. 6.4 Louisville area, KY Jun. 1993 66 4:00-6:00 P.M. 20 — 27 Average Pass -By Trip Percentage: 47 Table 5.21 Pass -By Trips and Diverted Linked Trips Weekday, p.m. Peak Period Land Use 931--Quality Restaurant ' DIVERTED ADJ. STHttI SIZE WEEKDAY NO. OF TIME PRIMARY NON -PASS- TRIP {%) LINKED TRIP (%) PASS -BY TRIP (%) PEAK HOUR VOLUME SOURCE (1 000 SO F r GFA) LOCATION SURVEY DATE INTERVIEWS PERIOD TRIP (90) BY SEATS 38 26 4,145 Barton-Aschman Assoc. 240 12 Louisville area, KY Jul. 1993 38 4:00-6:00 p.m. 36 — 45 n/a TPD Inc. g Orlando, FL 1992 168 4:00-8:00 p.m. — 55 — TPD Inc. n/a 6.8 Orlando, FL 1992 84 2:00-6:00 p.m. 40 _ 16 44 n/a TPD Inc. n/a Orlando, FL 1995 1 73 2:00-6:00 p.m. — 38 — 62 n/a n/a 6,5 Average Pass -By Trip Percentage: 44 Mr-IM Kimley-Horn Ll ® and Associates, Inc. Attachment B i 7 Traffic Trends - V2.0 SR 16/700 -- US 981441 SOUTH OF SR 70 PIN# 973215-1 Location 1 1 Trend R-squared: 10 28% Trend Annual Historic Growth Rate: -1.18% Trend Growth Rate (2006 to Design Year): -1.23% Printed: 03-Feb-08 County: Okeechobee (91) Station #: 0103 Highway: SR 151700 iS�Fi m.�h�%i .0 .. 29600 2003 27500 29300 2010 Opening Year Trend 2015 Mid -Year Trend �� 2025 Design Year Trend Wm� ... TRANPLAN Emm Forecasts/Trends Traffic Trends - V2.0 SR70 -- WEST OF SR 700/US 98 PIN# 973215-1 Location 1 45000 40000 G 35000 aU) i s 30000 a� 25000 �- 20000 C, 15000 Le 10000 4 5000 0 f MObserved Count —Fitted Curve 2002 2007 2012 2017 2022 2027 2032 Year Annual Trend Increase: 860 Trend R-squared: 60.98% Trend Annual Historic Growth Rate: 7.73% Trend Growth Rate (2006 to Design Year): 5.99% Printed: 03-Feb-08 OptionStraight Line Growth County: Okeechobee (91) Station #: 12 Highway: SR70 Traffic (A I IDT) YearCount* Tren 2002 10200 11000 2003 11800 11900 2004 14600 12700 2005 13200 13600 2006 13800 14400 2010 Openinq Year Trend A NIA �T17_90PO01020 2200 1 Design 2025 1 NIA I30800 TRANPLAN Forecasts/Trend *Axle -Adjusted 7 Traffic Trends - V2,0 SR70 -- EAST OF SR 1617001US 981441 PIN# 973215-1 Location I 1 County: Okeechobee (91) Statlon #: 5012 Hlghway: SR70 70000 Observed Count 60000 —Fitted Curve R O a 50000 CD Z 40000 30000 R 20000 d a' 10000 0 if I I I I I i f i i i i i ! . i ! i i i i i ! i i - 1. i ! 1 1 f 1 -� 2002 2007 2012 2017 2022 2027 2032 Year ** Annual Trend Increase: 1,000 Trend R-squared: 56.18% Trend Annual Historic Growth Rate: 3.19% Trend Growth Rate (2006 to Design Year): 2.83% Printed: 03-Feb-08 GrowthStraight Line Option itl���rarT•�;ris�_t•�t�i� =D=t 31i 1 Uo „o 00 2003 30000 32300 004 34000 33300 2005 35000 34300 2006 000 36300 2010 Opening Year Trend mmfm�Nmmm 2015 Mid -Year Trend 2025 Design Year Trend Elm E Mi TRANPLAN mmm Forecasts/Trends "Axle-Adjusted ® Kimley-Horn ® and Associates, Inc. Attachment C NOT TO SCALE FIGURE 2 GOODY'S CENTER TRAFFIC ASSIGNMENT ❑=❑ IGmley-Hom 0 m and AssocWK Inc. 144210000 FIG-2 Flb 24. 2008 EASUNOVOLUMES ANO RESULTING DWMPVMN ® Kimley-Horn ® and Associates, Inc. Attachment D TABLE 2 GOODY'S CENTER STUDY AREA - 5% SIGNIFICANT LINKS - DAILY VOLUMES Roadway From To Existing Committed Pro ect Traffic Protect Im act F[HS Roadwa ? ja/o Significant 1m act 7 Number Of Lanes LOS'C' Ca aci Number Of Lanes LOS'C' Ca aci Percent Assi ment Net Proposed SR 70 East of US 441 West of US 441 4L 4L 24,000 24,000 4L 4L 24,000 24,000 22% 12% 543 300 2.26% 1.25% Yes Yes No No SW 28th Street East of US 441 West of US 441 2L 2L 13,800 13,800 2L 2L 13,800 13,800 6% 6% 145 145 1.05% 1.05% No No No No US441/SR7 SR 70 21st Street 21stStreet Site Entrance Site Entrance SW 28th Street South of SW 28th Street 4L 4L 4L 4L 24,300 24,300 24,300 24,300 4L 4L 4L 4L 24,300 24,300 24,300 24,300 51% 51% 44% 34% 1223 1223 1073 811 5.03% 5.03% 4.42% 3.34% Yes Yes Yes Yes YES YES No No Note: LOS based on FDOT Generalized Level of Service Tables (Local Roads are LOS D') k:Ibcd 1plo11442110000Vrebroary 2008 updalelftripg 21241200812:41 u_� Kimley-Horn !• and Associates, Inc. ® Kimley-Horn ® and Associates, Inc. Attachment E TABLE 2 LOSPLAN LEVEL OF SERVICE REPORT - FIHS Rwdway Segments 2000 Highway Capacity Manual Methodology 121187YD07 D E S C R I P T I O N Ra.d Home SR 71O FI SR 70 To M.rOO CO. Un. Coolly Ok—hob.. LAn.1 ! 2 Rnu1, 10 91060DOO §L EME 0.005 9.222 1 9922 INPUT VARIABLES Slenat Ctrwad•ri.lka OUTPUT DATA R-oh— Chme"d om No siv eb 1 LOS C K hdor 0. 106 AA.n.t 0." 0 Aldeal Type 0 Peek VON-. (2-w.y) 020 F.dily Type U2 0 t.— O.3S 6P..d 80 sivow Type, A LOS Calepay A B C 0 E PHF 09 % No P-oin9 Zone, 0 Cycle 0 S&L FI— R.N 1,900 % E�d..I,. P..dnp L... 0 9C 0.00 Peek HOW (Olndion.O 160 460 760 1030 12 E %TWO Ram .d..ky. L.." 0 A7 Type RDA LOS 31.nde,0 Peek HOW (B40k.dgn.1J 280 Too 1310 1780 207 2000 MDT 0,672 M.dlena N LOS C MDT 2600 7500 12400 1"DO 1 O E a C R I P T 1 0 N A-0 N.-. SR 70 Fran Mgha.nda CO. Lkv TO CR 70A c Wdy Ok.ech.bee 1—. 2 Rw1, ID 91070000 g_MP FIR 0.000 um Lino 6.500 INPUT VARIABLES SIono Cbaracl.netka OUTPUT DATA T.aMe C112=26OCe Road— Chand.H.6u No sio u 0 LOS C K led, OAD6 Aal.n.l Chp 0 Auftal Type, 0 P..k vol— (2-Way) 910 f-ARY Type U2 O hcar 0.50 SP." 60 slooe, Type A LOS C.leoory A B C O E PHF 0.0 % NO P. O g Zone, 0 Cyd. a SM. Flo K.I. 1,900 % E oNu Pa. ft Lew.. a YrC 0.00 P..k NOW (Dire,ceonel) ISO 490 760 1030 12 % TWO Rom Exdwly. L-0 Am. Type RDA LOS 5f>tb.r_` Pe,"HoW (D4Okwimal) 200 790 1310 1750 20i 2006 AADT 7,612 M.dl.n. H LOS C AADT 2600 7500 t2400 16500 1950 D E a C R I P T 1 0 H RO.d N.m. SR 70 Fran CR 7CA To 9N A—. U-1y Ok..d Oboe Lan•• 2 529UJQ S-1070000 g-1P P 6.SOD 9.000 Length 2,500 INPUT VARIABLES ,�ynel Cha-c1ed OUTPUT DATA e IM ROad"V Cllerad.A.Go '- NO Sipmb 1 LOS F K 1— 0. 106 Ansda Chas 1 .I Type 3 Peek VOW-. (2-w.y) 1,930 F-.Wty Type AT 0 l W 0.56 Speed 45 Signer Type A ' LOS Category A 0 C 0 E PHF 0.9 % No P—mg Zoo. 0 Cyd. 90 Set. Fk- R.I. 1.900 % EsONaM P... N9 1,-nee 0 Pic OM Peek How (06.6one0 230 310 340 NO % Tom Ram F M.we L.n.e 0 An. Type RDA LOS SaMnE Pnk Now (Bi Direclon.O a00 590 Sao Soo 5 20D6 MOT 13.]00 Me,dhm H OS C MDT 3700 5600 5500 35DO 5600 DIE SCRIPTIO N Rmd Nam. SR 70 From 61h AV.— TO NE 161h Awno. Cony Okwchob.. Lana a HOa1RJD 91070000 amp E 9.000 10.700 Len b 1.700 INPUT VARIABLES Sand Ch.r.d.dlk OUTPUT DATA T,fsc Ch.red.d.9ca ROedw.y Chancl.da , N0 Sip1N. A LOS F K heM O.ID'6 AnMe,l 0— 2 AnWat Type 3 Peek Vok— (2•Way) 3.240 Facility Type AT 0 NO. 0.58 Spe,.d 35 Sipnel Type A LOS Ca1.9.ry A B C D E PHF O91 % No P...Inp ZO 0 Cyd. 90 fat. Flow R.I. 1.900 % Eaoluaiw P.a•lno Lan.. 0 91C O:a{ P.9k HOW (Oi—lionel) 0 0 920 1010 101 %Tian tt . ead-Iv. Le... 12 A— Type TA LOS Sland.ro Peak How (Bi-Oir dionap 0 0 1590 1750 17 2000 MDT ]OAea Medhna V LOS C MDT 0 0 75000 16500 IS Okeechobee Co. FIHS Page 35 TABLE 4 LOSPLAN LEVEL OF SERVICE REPORT • Non•FIHS Roadway Segments 2000 Highway Capacity Manual Methodology 12718l2007 O E 3 C R I P T 1 0 N Rwd Name SR 7a From Olsdw Crony U 4 T. US Bel US 441 Crony OkeWmWe Lan. 2 Roula l0 91010DOO QMP 1iP 0.000 4.781 4.7e1 INPUT VARIABLES Siam CnaxtP1a16 OUTPUT DATA ROsd ,v CK rodadslln No Slgrvts 1 LOS a K tlawr 0.103 AII.W peas 0 Arrival Type 0 Peak Vokana (2-Wn) 630 F.Mly Type U2 O lath 0.34 30aed 50 SIprW Type NIA LOS Cale9m A B C 0 E PHF 0.90 % Na /a." Z- 0 Cyg 0 S.L. Flaw Rate 1.900 % EaduvM PsWn9 Lanee 0 9)c 0.00 Peak H-(Uredwnvq ISO 390 650 550 1.110 %Twn/rem Eld-Ne Lades aA.. Type ROA SOS Sw60erd Peak Naa(BI-0incllaraly 290 720 1.200 ;AOD 2.040 2006 MOT 6,101 Medsaa N LOS C AAOT I.700 7.000 11,700 15,soo 20.000 D E a C R I T 1 O'N Rood Nama US 441 Fran SR 76 T. SR 70 CPuMY Okeeeno0ee Lspes 4 P-A, 11) 91020DOO DME EMP CAM 3./34 Liagm 3.134 INPUT VARIABLES S1a1N1 Cha16de630Ta OUTPUT DATA Read- Ct-,cW.�9 y Na S19nela 4 LOS C K I"'-0.708 ArW.I pose 2 ArrMl Type 3 Peak Vdwne (2-Way) L450 Fve1y Type AT D lacter 0,5E30 SPaed 35 54-1 Type A LOS Calepoy A a C D E PHF 0J1 % No Pwowq Z- 0 Cyder 90 Set. Fk- Rao 1.000 % Eaduelw Ps.w9 Lanes O ve 0." Peak 11eDr (Dlr.dlpnaq 0 1200 1.610 1,T10 I,T10 %I- from Eacoo" Lanee 12 AnkmType TA LOS Swndkrd. Peak m-(al-0I-s-el) D 2.070 2.050 2JM 2W6 MDT 2.99 Y LOS G AADT 0 19.500 Ca 27,1W.. 27.000 D E 6 C R I P T 1 0 14 Read Name US u1 Raced Name SR SM Fmm SR 70 T. NW ERN STREET Crony Okevdwaoo Lame 4 Revl• 10 910"Wo � EWE 3.134 3.74E D.614 INPUT VARIABLES AmaI0e110eria9g4 OUTPUT DATA Thft errs Rod," CKaraclos5ta We Signek 1 LOS C K latch DADE Ar adol pau 0 Ardw Typo 0 P.k Valve• (2-Way) 2,510 Faddy Typo UM O 1.0 0.5635 Speed 35 31p.l Typo A LOS Catopory A B C O E PHF 0.91 % No P-mg Zom 0 Cyde 0 Set. Fbw Raw 1.900 % E.1U." Paooln0 Lan. 0 otc 0.00 Peak Hwr (Oi.Klionaf) 790 1,300 I'm 2.400 3.ow %Tum*an EYduWe Lando 12 Ante Type TA LOS Swndatd Pow Hw(Bi-01..0 al) 1,350 2.730 3.220 4.270 5,140 2006 MOT 24,500 Media. Y LOS C MOT 12.700 21,WO 20,400 40.300 45.S00 0 E E C R I P T 1 0 M ROsd?4" US441 Frain NW ETH STREET T. Cem R-WNE 391h C-ly Oko Ad- Lan. Z R-1, 1Q 91020000 AHP MP 3.740 5.500 Lkns1n 1.052 INPUT VARIABLES Signal Qlam 1o66n OUTPUT DATA IMM 2umoeaska $,&Rv�,Ch,EWjODg NO 5"to 2 LOS F K fadlor 0.106 AnedN Co. 1 Aatvld Type 3 Pew Volume 12Mmy) 1,530 Paaly Type AT D food. OM36 speed 45 34"1 Typo A LOS Cakavg y A a C O E PHF 0.91 % No Plsadnq Zone 0 Cyde 60 Sal, fbly Rate 1A00 % EAwa1v. Peuklq lanes 0 92 O." Pew 11-(Okecuonaq 140 450 $20 520 520 % Tlrm from Ekdual•e Lane. 0Aiaa Type TA •rd Pew H-(BWksdwd) 240 760 690 BIG 590 2005 MOT 77220 AleAens Y Los C MOT 2.300 7,3m 6400 6.400 9.400 Okeechobee NOn•FIHS.zl6 Page 61 ® Kimley-Horn ® and Associates, Inc. Attachment F TABLE 3A GOODY'S CENTER EXISTING 2007 AVERAGE DAILY TRAFFIC LINK ANALYSIS Roadway Existing Committed 2006 2007 From To AADT Total LOS FIHS Significant Number LOS'C' Number LOS'C' I Growth Background Mal Ca acit Of Lanes Capacity Volumes Rate Growth Traffic Roadway? Impact ? SR 70 East of US 441 West of US 441 4L 15,000 4L 15,000 35,800 2.83% 1013 36,813 F Yes No 15,000 4L 15,000 19,700 5.99% 1180 20,880 F Yes No SW 28th Street East of US 441 West of US 441 2L 13,800 2L 13,800 3,872 2.00% 77 3,949 B No No 2L 13,800 2L 13,800 5,752 2.00% 115 5,867 B No No US441/SR7 SR 70 21st Street 21 st Street Site Entrance 4L 4L 26,200 4L 26,200 28,500 1.00% 285 28,785 F Yes No Site Entrance SW 28th Street 4L 26,200 26,200 4L 4L 26,200 26,200 28,500 1.00% 285 28,785 F Yes No South of SW 28th Street 4L 26,200 4L 26,200 28,500 28,500 1.00% 1.00% 285 28,785 F Yes No 285 28,785 F Yes No Notes: t) LOS based on FDOT Generalized Level ojService Tables 1) 2006 Volumes from FDOT ❑-� KimleyHorn 3) Daily volumes on SW 181h Street not available; therefore, the mazimum peak hour volumes from intersection count at 28th StIUS 441 were factored up based on FDOT's Okeechobee Countywide K jactor ojo.1064 and Associates, Inc. k:Ibcd_Ipto114421J00001mny 1008 upd.,,I[Iripgen r� 5171200814:31 TABLE 3B GOODY'S CENTER EXISTING 2007 PEAK HOUR TWO WAY DIRECTION LINK ANALYSIS Roadway From To Existing Committed 2006 Two Way Hour 2007 Total rafc LOS FR Signiicant Impact ? Number Of Lanes LOS'C' Number LOS'C' Growth Background SR 70 East of US 441 West of US 441 4L 4L 2,590 2,590 4L 4L 2,590 2,590 3,795 2,088 2.83% 5.99% 107 125 3,902 2,213 F F Yes Yes No No SW 28th Street East of US 441 West of US 441 21, 2L 1,190 1,190 2L 21, 1,190 1,190 470 447 2.00% 2.00% 9 9 479 456 C B No No No No US 441 / SR 7 SR 70 21st Street 21st Street Site Entrance Site Entrance SW 28th Street South of SW 28th Street 4L 4L 4L 4L 2,620 2,620 2,620 2,620 4L 4L 4L 4L 2,620 2,620 2,620 2,620 3,021 3,021 3,021 3,021 1.00% 1.00% 1.00% 1.00% 30 30 30 30 3,051 3,051 3,051 3,051 F F F F Yes Yes Yes Yes No No No No Note: LOS based on FDOT Generalized Level of Service Tables (Local Roads are LOS D'f ❑- ^ Kimley-Horn Note: 2006 volumes from FDOT C , and Associates, Inc. klbcd 1pro114421100001may2008updn1,1[1ripgen r, 5161200810:13 TABLE4A GOODY'S CENTER BUILDOUT (2010) AVERAGE DAILY TRAFFIC LINK ANALYSIS Roadwry From To Ezislln Committed 2006 AADT Volumes Pro ed Tn" Iola 1 111 TraOl LOS With project LOS NoProtect RoadRS ? Significant tAssnnt Number Lanes LOS'C' Number OfLann LOS'C' Ca d pro .» Raf e.Crarerr»omaee CoVmelmomuteed CGermo»mmiunrd Im acl T» SR 70 East of US 441 Weal of US 441 4L 4L 15,000 15,000 41, 4L I5,000 15,000 35,800 19,700 12% 2% 434 2J9 2.83% 5.99% 4,228 5,161 0 0 4,228 5,161 40,462 23,100 F F F F eS y Yes No No SW 28th Street East of US 441 West of US 441 2L 2L 13,800 13,800 2L 2L 13,800 13.800 3,872 5,752 6 % 6% 116 116 2.00% 2.00% 319 474 0 0 319 474 4,307 6,342 "" - "" "" No No No No US/41 /SR7 SR 70 21,1 Street 21 It Street Site Entrance Site Entrance SW 28th Street South ofSW 28th Street 4L 4L 4L 4L 26,200 26,200 26,200 26,200 4L 4L 4L 41, 26,200 26,200 26,200 26,200 28,500 28,500 26,500 28,500 51% 51% 44% 34% 978 978 858 648 1.00% 1.00% I.00•/. 1.00% 1,157 1,157 1,157 1,157 0 0 0 0 1,157 I,157 1,157 1,157 30,635 30,635 30,635 70,305 F F F F F F F F Yes Yes Yes Yes No No No No ZNose: LOS bared an FDOT Generalised Level oJS-ice Tables (Local Roads am LOS'D'7 Nare: 2006 Volumes%ram FDOT I� Kintley"Horn Co❑ and Assodates,Ina tdern ,aro,nuv0000mmreope �,rMe,n(uarr. sea+aoa ra: u TABLE413 GOODY'S CENTER BUILDOUT (2010) PEAK HOUR TWO WAY TRAFFIC LU4b Roadway Existing Committed 2006 Pro ect Traffic From To Two Way Number I LOS'C' Number LOS'C' Percent Net OfLmn Ca ael Of Linn Ca icl Peak Hour Assignment Pro osed Growth It — SR 70 Eistof US 441 West of US 441 4L 2,590 4L 2,590 3,795 22% 50 2,83% 4L 2,590 4L 2,590 2,088 12% 27 5.99% SW 28th Street East of US 441 2L 1,190 2L 1,190 470 6% West of US 441 1,190 2L 1,190 13 2.00%2L 447 6% 13 2.00% US 441/SR7 SR 70 21st Street 21.1 Streit 4L 2,620 4L 2,620 3,021 51% 112 I.00% Site Emrancc Site Entrance SW 28th Street 4L 2,620 4L 2,620 3,021 51% 112 I.00% South ofSW 28th Street 4L 2,620 4L 2,620 3,021 44% 98 100% 4L 2,620 4L 2,620 3,021 34% 74 1.00% Norr: LOS based an FDOT Geae.ollrrd Level of Service Tabler (Local Roods ore LOS'D') No.: 2006 Va/omeIf— FDOT tnam...mu.....—uw^y+oor „nit^„y,nor^^ 'Nio.1.0 ANALYSIS xmo TohlTnflle LOS��r�IHSSlg.lfk.ml asirr^a^a cmammm criwth� Wlth Pro m act 7 448 0 448 4,293 F F Yes No 547 0 547 2,662 F F Yes No 39 0 39 522 C C No No 37 0 37 497 C C No No 123 0 123 3,256 F F Yes No 123 0 123 3.256 F F Yes No ID 0 123 3,242 F F Yes No 123 0 123 3,218 F F Yes No �❑ KimleyHorn and Associates, Inc. ®� Kimley-Horn ® and Associates, Inc. Attachment G INTERSECTION ANALYSIS SKEET GOODY'S CENTER i l • 22nd Street and US 441 Growth Rate = 1.00% Peak Season = 1.08 Buildout Year = 2010 Ycars = 2 AM Peak Hour Intersection Volume Development Northbound Southbound Euthound Westbound LT Thru RT LT Thru RT LT Thru RT LT Thru I RT Existing Volume(0422/2008) 0 653 80 0 620 5 0 0 4 0 0 26 Peak Season Volume 0 705 86 0 670 5 0 0 4 0 0 28 Background (Growth Rate) 0 719 88 0 683 6 0 0 4 0 0 29 Major Projects Traffic 0 0 0 0 0 0 0 0 0 0 0 0 Background (Major Project +l%) 0 719 88 0 683 6 0 0 4 0 0 29 %Project Traffic 44% 39% 5% 5% Direction in out in out Project Traffic 0 22 0 0 16 2 0 0 2 0 0 0 Subtotal 0 711 88 0 699 8 0 0 6 0 1 0 29 Total 0 741 88 0 699 8 0 0 6 0 0 29 PM Peak Hour Intersection Volume Development Northbound Soutbbound Eastbound Westbouod LT Thru RT LT I Thru I RT LT Thru I RT LT Thru RT Existing Volume (0422/2008) 0 694 133 0 989 2 0 0 6 0 0 74 Peak Season Volume 0 750 144 0 1,068 2 0 0 6 0 0 80 Background 0 765 147 0 1,090 2 0 0 7 0 0 82 Major Projects Traffic 0 0 0 0 0 0 0 0 0 0 0 0 Background (Major Project + 1%) 0 765 147 0 1,090 2 0 0 7 0 0 82 %Project Traffic 44% 39% 5% 5% Direction in 0.1 in out Project Traffic 0 50 0 0 42 6 0 0 5 0 0 0 Subtotal 0 815 147 0 1,132 8 0 0 /2 0 0 82 Total 0 815 147 0 1,132 8 0 0 12 0 0 82 1:1kd_rpto11442 U OOOOV. y 2008 updarel(capy frdpg—_rn2.i1:)22.d&ur44t 517/200816:15 HCM Unsignalized Intersection Capacity Analysis 12: 22nd Street & US 441 5/7/2008 Lane Configurations if if tt ?f tT Grade 0% 0% 0%� 0% Peak Hour Factor 0.50 0.50 0.50 0.75 0.75 0.75 0.79 0.79 0.79 0.94 0.94 0.94 Pedestrians Median storage veh) ,:.,�.catit,., 4kva � .3.. � ts�"." t,t L t ...�� �•k�r_w� c , a`s`4��.��?_ '� .r._ _ , . w..�' pX, platoon unblocked vC1, stage 1 conf vol G02 sfa of x i"�3k }T 7 x n F a z x� it hs r � 16 t i pt vCu,unblocked vol 1224 1751 366 1281 1643 455 733 1022 C� ,t �7 �`� 1!6�� � 9 � 7 5 �. 66 9��F�;4 k'iY ��� t� `�< �` y i,a5lf�gle;�#s�'� ���� .�.�r.�. ..�:�:��,� x... ,' _ -, _,.��_ � �aa. u... _ ....... ��,.,,„<.�?, . tC, 2 stage (s) S_, , r..�. �,. *�. .._ ,. _..n .._,'-�,. � ,. "far xv :4.�•a x�,.. .{..�'�„_..u..-�,'s�.�: s _:�t ,T:. �,M. tzs' ,?4,.� __a. , . .. ,��Sc� _,� ��`:. p0 queue free % 100 100 99 100 100 99+3 100 100 .... .dapac,� Volume Left 0 0 0 0 0 0 0 cSH 630 552 1700 1700 1700 1700 1700 F�olu e�to, a((]]�rr .�•; 5 00�1�£ �`b_=07 z< .�7��'�-b :��r�,i0�< 5,.> s �&� ,� ����� � ��:: Queue Length (ft) 1 6 0 0 0 0 0 Lane LOS B B Approach LOS B B Average Delay 0.3 Analysis Period (min) 15 2010 AM Peak Hour without Project Synchro 6 Report Kimley-Horn and Associates, Inc. Page 1 r HCM Unsignalized Intersection Capacity Analysis 12: 22nd Street & US 441 51712oos Grade 0% u % u 7° v /° x`, m, .!.'.0x t a0 82 0 4 7>0�5s17��090` f ,2 Peak Hour Factor 0.35 0 35 0.35 0.80 0.80 0 80 0.94 0.94 0.94 0.89 0.89 0.89 em WtiQ0$4L3 ._4:n% Dnrleefrinne vC1, stage 1 conf vol ".M'� vCu, unblocked vol 1735 2196 613 1446 2041 407 1227 970 I'MI,r tC, 2 stage (s) p0 queue free % 100 100 95 100 100 _83 100 100p, 2 •w rE �^ yr�r `�i. � 4 � k ��}� VoylumeLeft 0 0 0 0 �00 0 cSH 435 594 1700 1700 1700 1700 1700 Yt �' rt '.,..^�" - sx z • is r .' a.,,e xk �y4.r*� 4't t s '. Queue Length (ft) 4 15 0 0 0 0 0 Lane LOS B B • .... _ ppy-�� � �i`.9 a 2010 PM Peak Hour without Project Synchro 6 Report Kimley-Horn and Associates, Inc. Page 1 HCM Unsignalized Intersection Capacity Analysis 12: 22nd Street & US 441 5/7/2008 __-* -1, -,�' j- 4- 11�_ 4\ t �► 1 Peak Hour Factor 0.50 0.50 0.50 0.75 0.75 0.75 0.79 0.79 0.79 0.94 0.94 0.94 r:3-IN -1111 5 9 Pedestrians Right turn flare (veh) -: _.�x."eysa & �...,,.. f�, 'R,., �:a;� .b.r.�� ��.,�• �„r��r.� ,�,.�" x � ..,.� d'�: b�,^�'`�.. .,� `i.,� _:: ` .a ,x. rxi� i� �.4_. :n Median storage veh) pX, platoon unblocked vC1, stage 1 conf vol vCu, unblocked vol 1256 1797 376 1322 1690 469 752 1049 pu queue tree io 1 uu 100 98 100 100 93 100 100 y _ cSH 622 541 1700 1700 1700 1700 1700 «« .� r Volume totCaact(y0�f=� j_y1 vN' s � Queue Length (ft) 1 6 0 0 0 0 0 Lane • .� � .. , @ �;§� • � $9„ �o'uss'a_`�`�.�s',dsrLK.. ����i �, s; � ,..c�:�,_., € ..;�:.6,�.�.;c:;z. � 33 -.L-t a..�.._-....:..:. - S ,::! ,b:;,., �' t t'7 f_.t ��3 ;u•-y�'a3;°: Average Delay 1 Analysis Period (min) 15 2010 AM Peak Hour with Project Synchro 6 Report Kimley-Horn and Associates, Inc. Page 1 HCM Unsignalized Intersection Capacity Analysis 17: 22nd Street & South Driveway 5iri/-uuu .* --* 4— Ilk, \11► 4/ Grade 0% 0% 0% x->�e` Leh h +R�'£(`f .c; �"d.S11'?410,b-1 i 19 .., s> . '_ .._ •,5 .�..c... ,. _r s? .: S ... .. t _,:..... +'i,_ ._.�.. .� :'b _ '?' S ; , . -+aa. , ,.. .. _Y..i..i :..+r-.?. Peak Hour Factor 0.50 0.50 0.75 0.75 0.92 0.92 Pedestrians Median storage veh pX, platoon unblocked �iC"�rtfll"cti• g�volume ��;: ra,,�13-x ...�> �� ;...r �����n ;F19 ,xE� �;11��� ������._. .�-�����'� .._. � �-��� ��"-; vC1 stage 1 conf vol IRS g vCu unblocked vol 13 19 11 _.?� '` .... F ,�;a%k,"#'' ., ._...? 4 `., : r. F..r..-.... tC 2 stage (s) p0 queue free % 100 100 100 off ih01'6©5 n Volume Left 0 0 3 cSH 1700 1700 999 Queue Length (ft) 0 0 0 � �- b� _ e� �a�v5..�:Sr�� r..�s�'a.:9i.x.,�,. its � � .�.ah:. ,� e=_.r x �a=�WIN a_.�• Lane LOS A proach LOS A 2010 AM Peak Hour with Project Synchro 6 Report Kimley-Horn and Associates, Inc. Page 3 Kimley-Horn ®[� and Associates, Inc. Attachment H Table 5.20 Pass -By Trips and Diverted Linked Trips Weekday, p.m. Peak Period Land Use 912—Drive-in Bank DIVERTED ADJ. STREET SIZE NO. OF TIME PRIMARY NON -PASS- LINKED BY TRIP (%) TRIP (%) PASS -BY TRIP (%) PEAK HOUR VOLUME SOURCE (1,000 SQ. LOCATION WEEKDAY SURVEY DATE INTERVIEWS PERIOD TRIP (%) FT. GFA) 15 n/a n/a Overland Park, KS Dec. 1988 20 4:30-5:30 p.m. 55 — 30 30 48 2 570 Barton-Aschman Assoc. 16.0 : area, KY Jul. 1993 n/a 4:00-6:00 p.m. 22 — 14 64 2,266 Barton-Aschman Assoc• 3.3 Louisville Louisville area, KY Jul. 1993 n/a 4:00-6:00 p.m. 22 — 32 57 1,955 Barton-Aschman Assoc. 3.4 area, KY Jul. 1993 75 4:00-6:00 p.m. 11 — 21 47 2,785 Barton-Aschman Assoc. 3.4 Louisville Louisville area, KY Jun. 1993 53 4:00-6:00 P.M. 32 — 27 53 2,610 Barton-Aschman Assoc. 3.5 Louisville area, KY Jun. 1993 66 4:00-6:00 P.M. 20 — 6.4 Pass -By Trip Percentage: 47 Average Table 5.21 Pass -By Trips and Diverted Linked Trips Weekday, p.m. Peak Period 0 = Land Use 931—Quality Restaurant ' Q g DIVERTED ADJ. STREET � Q SIZE WEEKDAY NO.OF TIME PRIMARY NON -PASS- o BY TRIP {,6) LINKED TRIP (%} PASS BY TRIP (%) PEAK HOUR VOLUME SOURCE m (1 poo So. LOCATION SURVEY DATE INTERVIEWS PERIOD TRIP (%) SEATS FT GFA) 26 4145 Barton- EF 0 Louisville area, KY Jul. 1993 38 4:00-6:00 p. m. 36 — 38 45 n/a TPD Inc. ac� 240 12 Orlando, FL 1992 168 4:00-8:00 P.M. — 55 44 �a TPD Inc. C° n/a g Orlando, FL 1992 84 2:00-6:00 p.m. 40 — 16 62 n/a TPD Inc. 01 n/a 8.8 1995 173 2:00-6:00 p.m. — 38 — ■ n/a 6.5 Orlando, FL m Pass -By Trip Percentage: 44 Average rn cn ®®® Kimley-Horn ® and Associates, Inc. Attachment I PEAK HOUR FACTOR DETERMINATION GOODY'S CENTER 21st Street and US 441 AM Peak Hour Peak Hour Factor Development Northbound Southbound Eastbound Westbound LT I Thru I RT I Total LT Thrn I RT I Total LT Thru I RT I Total I LT Thru RT Total Peak Hour Volume Peak 15-Minute Volume (25 % ofPeak Hour) Peak 15-Minute Volume (Observed) Peak Hour Factor 8 1 677 189 8 2 693 173 192 147 36 563 150 20 9 730 183 195 59 21 24 5 12 3 95 24 29 59 25 9 4 79 33 147 37 - 62 0.90 0.94 0.82 0.59 PM Peak Hour Peak Hour Factor Development ' Northbound Southbound Eastbound Westbound LT Tbru I RT I Total LT I Thru RT Total LT Thru RTI Total I LT Thru RT I Total Peak Hour Volume Peak 15-Minute Volume (25 % of Peak Hour) Peak 15-Minute Volume (Observed) Peak Hour Factor 41 10 702 184 12 4 755 189 198 267 71 191 221 11 3 1,080 270 295 26 7 47 14 24 8 97 24 29 158 6 33 14 232 53 423 106 73 0.96 0.92 0.84 1.45 3161200810:16 PEAK HOUR FACTOR DETERMINATION GOODY'S CENTER 28th Street and US 441 AM Peak Hour Peak Hour Factor Development Northbound Southbound Eastbound Westbound LT Thru I RT Total LT I Thru RT Total LT Thru I RT Total LT Thru RT Total Peak Hour Volume Peak 15-Minute Volume (25% of Peak Hour) 15-Minute Volume (Observed) Pak Hour Factor 29 6 374 111 16 8 419 105 125 85 21 424 I l924 113 121 156 164 136 34 29 IO11 39 204 51 55 20 3 T112 352 88Peak 115 0.84 0.95 0.93 0.77 PM Peak Hour Peak Hour Factor Development • Northbound Southbound Eastbound Westbound LT Thry I RT I Total LT I Thru RT Total LT Thru RT Total LT Tbru RT Total Peak Hour Volume Peak l5-Minute Volume (25%of Peak Hour) Peak 15-Minute Volume (Observed) Peak Hour Factor 34 l2 489 134 28 7 551 I38 53 266 88 6IJ 16627 68 947 237 281 ll8 39 48 13 35 14 20l 50 66 28 6 56 14 L 0.90 0.84 0.76 0.96 JW2008 to: id PEAK HOUR FACTOR DETERMINATION GOODY'S CENTER Driveway and US 441 AM Peak Hour Peak Hour Factor Development Northbound Southbound Eastbound Westbound LT Thru I RT Total LT I Thru I RT I Total LT Thru I RT Total LT Thru I RT Total Peak Hour Volume Peak 15-Minute Volume (25 % of Peak Hour) Peak 15-Minute Volume (Observed) Peak Hour Factor 9 2 394 110 24 7 417 104 119 38 11 316 103 26 5 460 115 119 IS 7 3 2 5 0 23 6 9 8 5 2 0 14 5 24 6 10 0.88 0.97 0.64 0.60 PM Peak Hour Peak Hour Factor Development Northbound Southbound Eastbound Westbound LT Thra RT I Total I LT I Thru I RT I Total LT I Thru I RT I Total LT I Thru I RT Total Peak Hour Volume Peak I5-Minute Volume (25%o(Peak Hour) Peak 15-Minute Volume(Observed) Peak Hour Factor 15 5 437 123 30 9 482 21 :37 66 14 518 152 38 12 122 156 178 63 17 13 7 12 3 88 22 27 60 6 15 14 53 53 128 32 73 0.88 0.88 0.81 0.44 A: Ned rpro111121100001mny 2008 upd—Vr ipg,, r—t4pwk Hour/ucmn (5) 3/6/2008 10.36 PEAK HOUR FACTOR DETERMINATION GOODY'$ CENTER 22nd Street and US 441 AM Peak Hour Peak Hour Factor Development Northbound Southbound Eastbound Westbound 1-17 Thru I RT I Total LT I Thru I RT I Total LT I Thru I RT Total LT I Thru I RT I Total eak Hour Volume eak 15-Minute Volume (25% of Peak Hour) (Peak 15-Minute Volume (Observed) eak Hour Factor 0 0 653 208 80 23 733 183 231 0 0 644 171 5 2 649 162 173 0 0 0 0 6 3 6 2 3 0 0 0 0 27 9 27 7 9 0.79 0.94 0.50 0.75 F I. PM Peak Hour Peak Hour Factor Development Peak peak Northbound Soutbbound Eastbound Westbound LT Thru RT Total LT Thru RT Total LT Thru RT Total LT Thru RT Total Hour Volume 'eak 15-Minute Volume(25% of Peak Hour) eak 15-Minute Volume (Observed) - Hour Factor 0 0 694 182 133 38 827 207 220 0 0 992 277 3 1 995 249 278 0 0 0 0 7 5 7 2 5 0 0 0 0 77 24 77 19 24 0.94 0.89 0.35 0.80 Ibcd_rp.11tau0000Mcy 2008 vpd—V-py aJvrpg._-2,h)p-k hourj--(6) 51712008 rs: 47 Kimley-Horn and Associates, Inc. Attachment J INTERSECTION ANALYSIS SHEET GOODY'S CENTER 21st Street and US 441 Growth Rate - 1.00% Peak Season = 1.14 Buildout Year = 2010 Years = 3 AM Peak Hour Intersection Volume Development Northbound Southbound Eastbound Westbound LT Tbru RT LT I Tbru I RT LT I Thru RT LT Thrn RT Existing Volume (10/23/2007) 12 618 14 147 563 20 36 20 18 59 9 79 Peak Season Volume 14 705 16 168 642 23 41 23 21 67 t0 90 Background (Growth Rate) 14 726 16 173 661 23 42 23 21 69 11 93 Major Projects Traffic 0 0 0 0 0 0 0 0 0 0 0 0 Background (Major Project + I%) 14 726 16 173 661 23 42 23 21 69 11 93 %Project Traffic 44% 31% 20% 51% 5% 5% Direction in in in out out in Project Traffic 22 0 0 0 15 10 21 2 0 0 2 0 Subtotal 36 726 16 173 676 33 63 25 21 69 13 93 Total 36 726 1 16 173 676 33 1 63 25 21 69 13 93 PM Peak Hour Intersection Volume Development Northbound Southbound Eastbouod Westbound LT Thru I RT I LT I Th ru RT LT I Tbru I RT I LT I Thru I RT Existing Volume(10/23/2007) 41 702 12 267 798 15 26 41 24 153 31 221 Peak Season Volume 47 800 14 304 910 17 30 54 27 174 35 252 Background 48 825 14 314 937 18 31 55 28 180 36 260 Major Projects Traffic 0 0 0 0 0 0 0 0 0 0 0 0 Background (Major Project + I7) 48 825 14 314 937 18 31 55 28 180 36 260 %Project Traffic 44% 0% 0% 0% 31% 20% 51% 5% 0% 0% 5% 0% Direction in 0 0 0 in in out out 0 0 in 0 Project Traffic 50 0 0 0 35 23 55 5 0 0 6 0 Subtotal 98 825 14 314 972 41 86 60 28 180 42 260 Total 98 825 14 314 972 41 86 60 28 180 42 260 k:lbcd_rp.114421I00006n y2008 upda V1gpaen m.rlsl2/s,&-441 6/61200910.13 Growth Rate = Peak Season = Buildout Year = Years = INTERSECTION ANALYSIS SHEET GOODY'S CENTER 22od Street and US 441 1.00 1.08 2010 2 AM Peak Hour Intersection Volume Development Northbound Soutbbound Eastbound Westbound LT Thru RT LT Thru I RT LT Thru I RT LT Tbru RT Existing Volume (04/2212008) 0 653 80 0 620 5 0 0 4 0 0 26 Peak Season Volume 0 705 86 0 670 5 0 0 4 0 0 28 Background (Growth Rate) 0 719 88 0 683 6 0 0 4 0 0 29 Major Projects Traffic 0 0 0 0 0 0 0 0 0 0 0 0 Background (Major Project + 1 %) 0 719 88 0 683 6 0 0 4 0 0 29 %Project Traffic 44% 39% 5% 5% Direction in out in out Project Traffic 0 22 0 0 16 2 0 0 2 0 0 0 Subtotal 0 741 88 0 699 8 0 0 6 0 0 19 Total 0 1 741 1 88 0 699 1 8 0 0 6 0 0 29 P114 Peak Hour Intersection Volume Development Noutbbound Soutbbound Eastbound Westbound LT Thru RT LT Thru I RT LT Tbru I RT LT Thru RT Existing Volume (04/2212008) 0 694 133 0 989 2 0 0 6 0 0 74 Peak Season Volume 0 750 144 0 1,068 2 0 0 6 0 0 80 Background 0 765 147 0 1,090 2 0 0 7 0 0 82 Major Projects Traffic 0 0 0 0 0 0 0 0 0 0 0 0 Background (Major Pmjmt + 1 %) 0 765 147 0 1,090 2 0 0 7 0 0 82 %Project Traffic 44% 39% 5% 5% Direction in out in out Project Traffic 0 50 0 0 42 6 0 0 5 0 0 0 Subrotat 0 815 147 0 1,132 8 0 0 11 0 0 81 Total 0 815 147 0 1,132 8 0 0 12 0 0 82 kAbed_rp,01442110000Snay 2008 upd.,el(c.,y of1npg,n—2.,hJ22.d&.441 5171200816:JS HCM Signalized Intersection Capacity Analysis 3: 21 st Street & US 441 5/6/2008 Total Lost time (s) g 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 '- Frt 0.97 1.00 0.85 1.00 1.00 0.85 1.00 1.00 Flow (prot) 1602 1718 1538 1671 3374 1509 3433 3219 Satd. Flow (perm) 1351 1270 1538 590 3374 1509 3433 3219 Peak -hour factor, PHF 0.82 0.82 0.82 0.59 0.59 0.59 0.90 0.90 0.90 0.94 0.94 0.94 RTOR Reduction (vph) 0 13 0 0 0 114 0 0 11r 0 J 3 0 es (%) 19% 0% 11 % 7% 0% 5% 8% 7% 7% Protected Phases 4 8 5 2 1 6 arr f 'SS 8 , 'xiFXA.8yf ' "`�°{- +'',`hS^.4'v `L -a •'3c t Actuated Green, G (s) 25.0 25.0 25.0 48.0 37.0 37.0 16.0 42.0 z x� g -' i;�!,e�.c� s).���1�.=���.��������'. a�..`.' ...,5��`��5p�0 w��:�,._�'�„_. 7 111I'��r�-��; Actuated g/C Ratio _ 0.28 0.28 0.28 0.53 0.41 0.41 0.18 0.47 ,,,. '�tM ' r -'a R...*'.�a'.w,:°�#-$s. Lane Grp Cap (vph) 375 353 427 447 1387 620 610 1502 v/s Ratio Perm 0.08 c0.1(1� 0.10. 0 01 0.01 �" �•. �1 �{,,b �3� � -'� i�,�s��y�.{Sri 3".-+� q+� �7,�v �i�i ��� l�� ����e y � � r E :z W Uniform Delay, d1 25.2 26.3 24.2 10.0 20.5 15.7 32.1 16.5 2 1.6 3.2 0.5 0.1 1.8 0.0 1.3 1.1 - Level of Service _ C C C B C B C B yam+ - '�r�. n p 11 1t-scw` Approach LOS C sillC C C Q HCM Average Control Delay 22.4 HCM Level of Service C Actuated Cycle Length (s) 90.0 Sum of lost time (s) 16.0 Period (min) 15 2010 AM Peak Hour without Project Synchro 6 Report Kimley-Horn and Associates, Inc. Page 1 HCM Unsignalized Intersection Capacity Analysis 12: 22nd Street & US 441 5/7/2008 Lane Configurations ••- 1' 1' 1'. 1' - & - �� .-,s ,." t,��t�,r� 1 �s �@ -�-�. `R ��:x._rl 6.�c' .a.• �'T ,s.�� 1 �'� �'� ���� e • i,'�e,`�� �e . • • 1 1 1 1 1 1 1 1 1 1 • 1 • 1 • 1' a 1'� 1' ® lle®1° 1��@ 1 'a'1e'i ro..'.gym Ape w�Ea.t����1w' .e �' M to . na " M .;1 edePstrians pX, platoon unblocked �° o �'c�:dine 1�24151 T281 '11i43�5�33 ;s3��2,.2h vC1, stage 1 conf vol Z,.�C'Z�i�,stg,2 C�i'Ol,�=. t„x. ss._ - 2,ax. ta..,,..zo �rv€ �,�__..n3..�, d•4 s�'+, a.�F?".£' 3._._ _ ;"".. vCu,unblocked vol 1224 1751 366 1281 1643 455 733 _ 1022 tC, 2 stage (s) free % 100 100 99 100 100 93 100 100 Volume1 1 1 1 1 1 1 • 1 �11 11 II �11 11� w- ry • . � '1 1 1 1 • Approach •may "te � -'tr1Y�A��A✓��.'�; !`��.T.:�',�atS � r-.tx t :rim.. �����4� 4 � J � a Average Delay 0.3 Analysis Period (min) 15 2010 AM Peak Hour without Project Synchro 6 Report Kimley-Horn and Associates, Inc. Page 1 HCM Signalized Intersection Capacity Analysis 3: 21 st Street & US 441 5/6/2008 a Pry, RR R_ i � • B Lane Configurations tt r tT ;Flow (vph _, x 1900 90 1900 1900 . 1 JOQ 1`900190Q` 5 19�OQ 0 t 9 :1�s �? Total Lost time (s) v 4.0 4.0 4.0 4.0 4.0 4.0 ,: 4.0.0 �a`neUtil� I''d,CtU,� -��r...kr U . :t �ti . .. _ ms;�_��ar � �E���t .. S..- . _ . � •v. ���a-�"w xo, s, �:..a�. Frt 0.97 1.00 0.85 1.00 1.00 0.85 1.' 1.00 ���"eCe.tF,--Fe:��Fa':?�`.9 za 4 Satd. Flow (prot) 1812 ~1785 1615 1770 3374 1615 3433 3431 OM6.sv°' Satd. Flow (perm) 1611 1234 1615 435 3374 1615 3433 3431 Peak -hour factor, PHF 0.84 0.84 0.84 0.86 0.86 0.86 0.96 0.96 0.96 0.92 0.92 0.92 Q`s 8S1.d,. RTOR Reduction (vph) 0 13 0 0 0 201 0 0 10 0 2 0 RM G�oyp• I �n2 !� ` 0� 1' 251 , Heavy Vehicles (%) 0% 0%� 0% 2% 3% 0% 2% 7% 0% 2% 5% 0% Protected Phases 4 8 5 2 1 6 xk �,, ur Y a w "' ` a -e .� *Sra ^s 7 �. ":.a r, er ftte¢tp ass�.._q�Fi 8.. k g .?' 4 `2 �_ r... ..� Actuated Green, G (s) 30.0 30.0 30.0 37.0 33.0 33.0 15.0 44.0 z� . ^� . 5 4c'u ram"' • e -.z n Actuated g/C Ratio 0.33 0.33 0.33 0.41 0.37 0.37 0.17 0.49 LanejGrp�p,(©Cap (vph) kk -YY 537 411 538 238 1237 592 572 1677 v.:}. ll v/s Rati ga o{Perm 0.08 c0.20 0.19 0.08 0.01 ea., ,��: �'f;',t p:..,a .�- x, ate:,.#r"f*;;'f aY z:' '�4-y'�,x6y`"7:' 86 Uniform Delay, d1 21.6 25.1 21.3 16.2 24.2 18.1 3 4. 7 16.8 TOM._: Incremental Delay d2 1 0 6.6 0.8 2.0 3.2 0.0 4.5 1.7 7 f2 - fflrif7 _, �r' 1 p89 Level of Service C tt__ C C B C B D B Approach LOS C C C C MEM- HCM A�dy e Control Delay 25.1 HCM Level of Service C a 'oActuate Length (s) 90.0 Sum of lost time (s) 12.0 in 2010 PM Peak Hour without Project Kimley-Horn and Associates, Inc. 15 Synchro 6 Report Page 1 HCM Unsignalized Intersection Capacity Analysis 12: 22nd Street & US 441 5I7/2008 Peak Hour Factor 0.35 0.35 0.35 0.80 0.80 0.80 0.94 0.94 0.94 0.89 0.89 0.89 iat', - _ �0 2It ���0 QR 1020 8 a 0 w� 2 3:.. �:-.. ,t5��.a..:s�°t7L5i�,¢'_t";rn,., ,?E.Ha>. Pedestrians vCu, unblocked vol 1735 2196 613 1446 2041 407 1227 970 tC, 2 stage (s) p0 queue free % 100 100 95 100 100 83 100 100 Volume Left 0 0 0 0 0 0 0 cSH 435 594 1700 1700 1700 1700 `1700 • • -rAsl:7,4,�.A2 'rs 2010 PM Peak Hour without Project Synchro 6 Report Kimley-Horn and Associates, Inc. Page 1 r HCM Signalized Intersection Capacity Analysis 3: 21 st Street & US 441 5/6/2008 Lane Con figurations 4 �if I tt . if J�ceat?F1o!phpl) r1900 190Q„ `w19Q0 1900, 1900 1.9QQ 1900 19pQ 1900 190Q `190Q 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 �Factork r ff f00 '# 1' 0 w ` ° w r % 95 1 Q0 f0 Q`•95 mt 00 Frt 0.97 1.00 0.85 1 00 1.00 0.85 1.00 0.99 Satd. Flow (prot) 1589 1(]72Q2 15/3�8 1671 335H7'4 �y1�5{0�9 3433 3217 NNI • � •'; . , ,u " , ��i:}i.E3Z'+ OWN I � s Satd. Flow (perm) 1264 1236 1538 541 3374 1509 3433 3217 Peak -hour factor, PHF 0 82 0 82 0 82 0 59 0.59 0.59 0.90 0.90 0.90 0.94 0.94 0.94 k22T84t}t"17hti{�$s� RTOR Reduction (vph) 0 9 0 0 0 114 0 0 11 0 4 0 0% �. _,� �svati.,�t�r,, e�°�? i�err1� $���'��. �� t k Pe r'+rs a � t � + P � r,ar-.� +^ , .• Protected ©Phases 4 8 5 2 1 6 BE Actuated Green G (s) 25.0 25 (0� 25 0 49 0 37 0 37 0 1p6 0 41 0 Actuated g/C Ratio 0 28 0 28 0 28 0.54 0 41 041 0 18 0 46 Lane Grp Cap (vph) 351 343 427 445 1387 620 610 1466 v/s Ratio Perm 0.11 c0.11 0.10 0.04 0.01 6..� aaaas axsecsr-ae.rsu � �. . '4, .., , t�issrss .. �v.i�`.:'�. Ea., .�a���-,tai,s+oaVrs .. ., s k��X�.-'e ?;_?..« .�+':Ofia _E: „F��'�� �-•1�'s Uniform Delay d1 26 0 26 4 24 2 9 8 20 5 15 7 32 1 17 4 Incremental Delay d2 2 8 3 5 0 5 0.4 1 8 0 0 1 3 1 3 Level of Servicie/ g C C C_ B C B C B Approach LOS C � � C '��C C HCM Average Control Delay 22.8 HCM Level of Service C use pAlt Actuated Cycle Length (s) 90.0 Sum of lost time (s) 16.0 in) 2010 AM Peak Hour with Project Synchro 6 Report Kimley-Horn and Associates, Inc. Page 1 HCM Unsignalized Intersection Capacity Analysis 12: 22nd Street & US 441 5/7/2008 ----------- � - - _- - Lane Configurations �- r tt r '`4 ate_ o-�.,.,.b�x�� _._,.. r ,. _ � ., _ k_s, _ .__..:r a.> :�..,.<,.,,� �,, .�, .. s.:•. c.,,t.� Grade 0% 0% 0% 0% rc 1 4 ff�Na _J4 n i s 4 i C f a h1'U �X $y_ Peak Hour Factor 0.50 0.50 0.50 0.75 0.75 0.75 0.79 0.79 0.79 0.94 0.94 0.94 Pedestrians Walking Speed (ft/s) pX, platoon unblocked e,. y,G, cortfllci�g1/i?' ICIt ::1256� 1797��b t.,t.�322," 690� 469 t 752 s�•�, , _ gx10?9.a,, `. ' _ vC1, stage 1 conf vol vCu, unblocked *vol 1256 1797 376 1322 1690 469 752 1049 s i a � `� f�F�; �rtgle(�s<.y t 75 a 6 59 9 es_ g !.».a fi..*. •.*, s,... ... ., a..a ,.�.r`T"Ix" s_._-,,..xz:AY`.nS�s,+a�ih�'�5.�..�.i��.__b ��."s�N..�s.,�4e.-. tC, 2 stage (s) p0 queue free % 100 100 98 100 100 93 100 100 Volume Left 0 0 0 0 0 0 0 Uolun'R►� `s r 12 u39x F0: �` 0.. _,x �, NO cSH 622 541 1700 1700 1700 1700 1700 E�-...ca.s,,.�v _., �,.+Z7css��.�...n�.4� .. 5.�:'..,.s_. �., css..:�.,.v. 't,., _.....».vir.,.�•s....�:.:.�v�C�`�'.;'..,eas,���- '�?�iw.. �� �'�+;i. s'�5....k.�F. ... .�r Queue Length (ft) 1 6 0 0 0 0 0 Lane LOS B B Approach LOS B B 2010 AM Peak Hour with Project Synchro 6 Report Kimley-Horn and Associates, Inc. Page 1 HCM Unsignalized Intersection Capacity Analysis 12: 22nd St & US 441 5/7/2008 Urade 0%� 0% 0% 0% 8 Peak Hour Factor 0.35 0.35 0.35 0.80 0.80 0.80 0.94 0.94 0.94 0.89 0.89 0.89 Pedestrians 00101,11511f Walking Speed (ft/s) "WA Right turn flare (veh) Median storage veh)�� pX, platoon unblocked bs lax... ]yam_ . <:..P�_ L. _ .., .. .._ . . �i.. ,, . � .�.� , .. b'b.v ...x .r, x , . fi �v3s'u^.•$3`a> vC�1, stage 1 conf vol ,� t ""5 �. ,',� �\ .. W! ... ,,'�� . � -_' -Y.4 wh++ vCu, unblocked vol 1812 2300 640 1537 2148 434 1281 1023 tC, 2 Stage �(s_ )..f p0 queue free % 100 100 92 100 100 82 100 100 Volume Left +0 0 0 0 0 0 0 NO Fly ML�=5 cSH 418 570 1700 1700 1700 1700 1700 Lane w5 B B �prach pelasa �4 4k12�? 0K �-._ Q�. " .cisst�H+c�Yax.' r. `w..a .....s .er:•,t ,r.a._.,, Srr : Approach LOS B B NO ...ter+"^' ����_ "t.L` 1'L�a�1J:���•s'S�� ._xEm3.is_...:u.:t..�2.. - - ..L.�`.... v �..a..v'+3 ,.lam `�..: ..:1�. • Average , Analysis Period (min) 15 2010 PM Peak Hour with Project Synchro 6 Report Kimley-Horn and Associates, Inc. Page 1 HCM Signalized Intersection Capacity Analysis 3: 21 st Street & US 441 5/6/2008 Lane Configurations �41, tt If tT .:1900�.9017, 1900 .190?90$�Q��9)'9aQ��O����,._.`° Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 'IX3` 1 ' ��'. % $ 7y'SO i �SY+k.4`.^yerf�.� m�0 :;�k'sOd+',., 4`C�L z a 757 NAi Frt q 0.98 1.0�0 0.85 1.00 1.00 0.85 1.00 0.99 1�F . W fJ U `yx�} .{%+ YskE531Y g 6i. sPov ' Satd. Flow (prot) 1814 1787 1615 1770 3374 1615 3433 3424 D�T " h `A.•';. Y7�Tsa�i5.'}:S �eq&tY15'i4�Ytld Satd. Flow (perm) 1233 1165 1615 283 3374 1615 3433 3424 PrIp Peak -hour factor, PHF 0.84 0.84 0.84 0.86 0.86 0.86 0.96 0.96 0.96 0.92 0.92 0.92 r, RTOR Reduction (vph) 0 8 0 0 0 198 0 0 10 0 3 0 Heavy Vehicles (%) 0% 0% 0% 2% 3% 0% 2% 7% 0% 2% 5% 0% {s h '���� �1 etm � � � � m F�e'rrn � r Perrn£ P►��pt� � � ��P, rm � Frot<`� a .� Protected Phases 4 8 5 2 1 6 Actuated Green, G (s) 31.0 31.6 31.0 40.0 32.0 32.0 15.0 39.0 -ff�v �(s)' s -���QM '��� Actuated g/C Ratio 0.34 0.34 0.34 0.44 0.36 0.36 0.17 0.43 IRry(5).k' 0 .' 4 $,,4.`� Lane Grp Cap (vph) 425 401 556 258 1200 574 572 1484 NEW �..'.. � . ,- C •. r=a.�n P,t.. ,. 2"'+ P1ci s T S.r.� .°Y` 6.. .a.... R.:• ,1w.i: v/s Ratio Perm 0.17 c0.22 0.19 0.14 0.01 ,t fiNk.,ai....x.t,.,a.,.»..� Uniform Delay, d1 23.0 24.8 20.7 16.0 25.1 18 88 34.7 21.3 Incremental Delay d2 3 6 7 7 0 7 4 5 3 7 0 0 4 5 3.4 R 92 "C UiW.dF p e E C C C C_ C B D C _ ep �<�M R✓�'� 6' 4n , roacOS C CC C HCM Average Control Delay 27.6 HCM Level of Service C . -' -. .. .` m P ,._ .e�dicssa✓,..-:��'..':m.^d�t- � w n � ;.,. �� ,�F . ;r..... , Actuated Cycle Length (s) 90 0 Sum of lost time (s) _ 12 0 nt.�;�' r Analysis Period (min) F. 15 ` 2010 PM Peak Hour with Project Synchro 6 Report Kimley-Horn and Associates, Inc. Page 1 Kimley-Horn and Associates, Inc. Attachment K TABLE 2 GOODY'S CENTER STUDY AREA - 5% SIGNIFICANT LINKS - DAILY VOLUMES Roadway From To Existin Committed Project Traffic Number Of Lanes LOS'C' Ca aci Number Of Lanes LOS IC, Ca Percent Net Project FIHS 5% Significant . aci Assi nment Pro osed Impact Roadway? Im act ? SR 70 East of US 441 West of US 441 4L 4L 24,000 24,000 4L 24,000 22% 434 o ].81 /o Yes No 4L 24,000 12% 239 1.00% Yes No SW 21st Street East of US 441 West of US 441 2L 2L 13,800 13,800 2L 13,800 5% 97 0.% No No 2L 13,800 95% 1835 13.3 .30°/a No YES SW 22nd Street East of US 441 West of US 441 2L 2L 13,800 13,800 2L 13,800 0% 0 0.00% No No 2L 13,800 27% 522 3.78% No No SW 28th Street East of US 441 West of US 441 2L 2L 13,800 13,800 2L 13,800 6% 116 0.84% No No 2L 13,800 6% 116 0.84% No No US441/SR7 SR 70 21st Street 21st Street Site Entrance 4L 4L 24,300 4L 24,300 51% 978 4.02% Yes Site Entrance SW 28th Street 4L 24,300 24,300 4L 24,300 o 51 /0 978 4.02% Yes No No South of SW 28th Street 4L 24,300 4L 24,300 44% 858 3.53% Yes No 4L 24,300 34% 648 2.67% Yes No Note: LOS based on FDOT Generalized Level of Service Tables (Local Roads are LOS D) � Kimley-Horn k:Ibcd_Vol14421100001may2008updatel(copyoftr 7125120089:10 _❑ and Associates, Inc. TABLE 3A GOODY'S CENTER EXISTING 2007 AVERAGE DAILY TRAFFIC LINK ANALYSIS Roadway From To Existin ommitted Existing 2007 Number OfLanes LOS'C' Cs scl fNumber LOS'C' Ca AADT Count Total LOSt't FIHS Significant Growth BackgroundTotal aci Volumes Year Rate Growth T Roadwa ? Impact ? SR70 East of US 441 West of US 441 4L 4L 15,000 15,000 4L 15,000 35,800 2006 2.83% 1013 36,813 F 4L 15,000 19,700 2006 5.99% 1180 20,880 F Yes No SW 21at Street Yes No East of US 441 West 4 2L 13,800 2L 13,800 7,829 2007 2.00% 0 7,829 13,800 2L 13,800 1,974 2007 2.00% 0 1,974 C A No No SW 22nd Street No YES East of US441 West of US 441 2L 2L 13,800 2L 13,800 2,106 2008 2.00% p 2 13,800 2L 13,800 13,800 2008 2.00% 0 76 A No SW 28th Street A No No No East of US 441 West of US 441 2L 2L 13,800 2L 13,800 6,560 2007 2.00% p 13,800 2L 13,800 3,750 2007 2.00% 0 3,,750 0 C No No U5441/SR7 B No No SR 70 21st Sheet SR Street Site Entrance 21sSite 4L 26,200 4L 26,200 28,500 2006 1.00% 285 Entrance SW 28th Street 4L 4L 26,200 26,200 4L 26,20p 28,500 2006 1.00 /0 285 28,785 28,785 F Yes No South ofSW 281h Sheet 4L 26,200 4L 26,200 28,500 2006 1.00% 285 28 785 F Yes No 4L 26,200 28,500 2006 1.00% 2g$ 28,785 F Yes No F Yes No Nate: /J LOS based an FDOT Generalized Leve! of Service Tables k1cra_ttaiu4lit0000im,y:ooe �_L Kinlln uada,evronr .ft,t 71281I00d /1:33 1 _ and Associates, Associates, Inc. TABLE3B GOODY'S CENTER EXISTING 2007 PEAK HOUR TWO WAY DIRECTION LINK ANALYSIS Roadway From Existio Committed 2006 2007 Number LOS'C' Number LOS'C' To Two Way Count Total LOSI'1OfLanes Growth=Background Ca aclty OfLanes Ca aci Peak Hour Year Raterowth Tramc FIHS Roadway? Significant Impact ? SR 70 East of US 441 West of US 441 4L 2,590 4L 2,590 3,795 2006 2.83% 107 3,902 4L 2,590 4L 2,590 2,088 2006 5.99% 125 2,213 F F Yes No SW 21st Street Yes No East of US 441 West of US 441 2L 1,190 2L 1,190 833 2007 2.00% 0 833 2L 1,190 2L 1,190 210 2007 2.00% 0 210 D No No SW 22nd Street A No YES East of US441 West of US 441 2L 1,190 2L 1,190 224 2008 2.00% 0 224 2L 1,190 2L 1,190 8 2008 2.00% 0 B No No SW 28th Street 8 A No No East of US441 West of US 441 2L 1,190 2L 1,190 698 2007 2.00% 0 698 2L 1,190 2L 1,190 399 2007 2.00% 0 399 C B No No US441/SR7 No No SR 70 21st Street 21stStreet Site Entrance 4L 2,620 4L 2,620 3,021 2006 0 1.00/ 30 3,051 Site Entrance SW 28th Street 4L 4L 2,620 4L 2,620 3,021 2006 1.00% 30 3,051 F F Yes No South ofSW 28th Street 4L 2,620 4L 2,620 3,021 2006 1.00% 30 3,051 Yes No 2,620 4L 2,620 3,021 2006 1.00% 30 3,051 F F Yes Yes No No Note: (1) LOS based on FDOT Generalized Level of Service Tables (Local Roads are LOS V ) kabcd_tptoll1111/OOeolm°y Kimley-Hornoo8,,, 1008 upd°rrl(copy ofrrir „Ie„a , and Associates, Inc. TALI GOODY'S CENTER Ro.dsr.y From To 1I Number VI'L.nq LOS 'C' C..cl Committed Number Of L.nes LOS'C' C..dt 8UD,DOUT E.I,tl.` Vo es (2010) Ye.r AVERAGE Pra ed Ass., t.; l DAILY TRAFFIC Tnflie Pro osed LINK ANALYSIS 6ren10 1010 Osrr.4 Total Tnllle LOS LOS cW cAwt6 r SR 70 R•1• C.,wth - v.mmr Camm4ued WI[h Pro ecl No Pro FIHS SIgniflew East of US 441 ecl Road.. 7 Im .c17 West of US 441 4L 15,000 4L 15,000 33,bw 2006 4L 15,000 4L I5,000 19,700 2006 12% 434 239 2.83% 4,228 0 4,228 40,462 F SW 1111 Street 5.99% 5,161 0 5,161 25,100 F Y06 No East of US 441 F F Yes No Wcst of U5441 2L 13,800 2L 13,800 7,829 2007 5% 2L 13,800 2L 13,800 1,974 2007 95% 97 I835 2.00% 479 0 479 C SW 32nd Street 2.00% 121 0 121 3,405 930 7,930 C NO No East of US 441 9 A No YES West of US 441 2L 2L 13,800 2L 13,800 2,106 2009 0% 0 13,900 2L 13,800 76 200 27% 522 2.00% 0 85 2,191 A SW 181h Street 2.00% 7 3 0 3 A N° No East of US 441 601 A A No No West of US 441 2L I7,800 2L 13,800 6,560 2007 6% 2L I3,8p0 2L 13,800 3,750 2007 6% 116 116 2.00% 402 0 7,078 C U54tl /SR7 2.00% ZJO 0 230 2J0 C No Na SR 70 21 st Sheet 4,096 C C No No 2lst Street Site Entrance 4L 4L 26.200 4L 26,200 28,500 2006 51% 978 Erm Site Entnncc SW 28th Street 4L 26200 26.200 4L 26,200 28,500 2006 SI% 978 1.00% 1,157 0 1,157 30,675 F Site SW 281h Street 4L 4L 26,200 28,500 2006 44% 1.00% 1,157 0 1,157 30,515 F Yes No 26,200 4L 26,200 28,500 2006 14% 648 64g 1.00% p 1,157 70,SIS F F Yes No 1.00% 1.157 1,157 0 1,157 30,J05 F F F Y<s No Norr: (l) LOS band an FDO7'Grnmall:rd Lrnl o/Sm/n Tabu (Cora/ Roads are LOS'D') F Yes No tJaM,.,r,,,rn,oaom :carpm,.vwr ,ro aaomrl,:,, �❑ C� kmley'Hpm andAmdates,lnc, GOODY'S CENTER Roadway BUILDOUT (2010) PEAK HOUR TWO WAY TRAFFIC LINK ANALYSIS From To Exlstln ComMtted Existing Pr o ectTnliic Two Wry Count Number LOS'C, Number LOS'C' Percent 2910 Of L.no Ca ad Man. Ca set Peak Hour Year Ani nmen Net Pro cr..ro saa yreund Cssminw G.wm• Total Traffic LOS LOS osed G-h V.I.- Co,mdnw With Pro FIHS SIgnlDe.nt SR 70 ect No Pro eel Roadw. T Im act 7 East of US 441 West of US 441 4L 2590 , 4L 2,590 3,795 2006 22% 50 4L 2,590 4L 2,590 2,088 2006 12% 27 2.83% 448 0 446 1,29] F F Yes SW 21st Street 5.99% 547 0 547 2,662 F F No East Of East of US 441 S Yes No 41 2L 1,190 2L 1,190 833 2007 5% 2L 1,190 2L 1,190 210 2007 95% 11 210 2.00% 51 0 51 p O No >W 22nd Street 2.00% 13 0 13 433 4JJ B A No East ofU5441 No YES West of US 441 2L 1.190 2L 1.190 224 2008 0% 0 2L 1,190 2L I,190 B 2008 27% 60 2.00% 9 0 9 B B No ;W 28Ih Street 2. 00% 0 0 0 68 A No Ent of US 441 Eat A No No of US MlI 1,190 2L 1,190 698 2007 6/ 13 2L 1,190 2L 1,190 399 2007 6 % 2.00% 43 0 43 C IS 441 / SR 7 I l 2.00 % 24 0 24 436 436 C D No No SR 70 21st Street 41. 2,620 C No Na 2 ist Street Site Entrance 4L 2,620 4L 2,620 3,021 2006 51 % 112 1.00% 123 Em Site Entrance SW 281h Street 4L 2,620 4L 2,620 J,021 2006 51 % 112 1.00% 0 123 3,256 F F Yes No Sit. SW 281h Street 4L 4L 2,620 3.021 2006 44% 98 123 0 123 3,242 F F 2,620 4 L 2,620 3,021 2006 34% 1.00% I27 123 J,242 F Yes No 74 I.00% 12J � I23 3,218 F Yes No (!) LOSbarrd on fDOT Grnrrallred Lrw/ o/Srrvlce Tob/rr (Local Roadr are LOS'D'J F F Yes No �d,n /rQt,o000i.,nr20We I�� � IGInley-Han M^aura„ ' , ,��. /..,, Iand Associates, Inc. ®®® Kimley-Horn ® and Associates, Inc, Attachment L Growth Rate = Peak Se u = Buildout Year = Years = INTERSECTION ANALYSIS SHEET GOODY'S CENTER 21st Street and US 441 1.00% 1.14 2010 3 .:u dAQlouiav0000M,y 2008 pd.1,y�,oy /r,jPB,,2,j42j,,&_441 J/ILJOOd 14:32 INTERSECTION ANALYSIS SHEET GOODY'S CENTER 21st Street and North Driveway Growth Rate = 1.00 Peak Season = 1.14 Buildout Year = 2010 Years = 3 AM Peak Hour Intersection Volume Development Northbound Soutbbound Eastbound Westbound LT I Thry I RT LT Thru RT LT I Thru I RT LT Thru RT Existing Volume (10123/2007) 0 0 0 0 0 0 0 74 0 0 41 0 Peak Season Volume 0 0 0 0 0 0 10 84 0 0 47 0 Background (Growth Rate) 0 0 0 0 0 0 ^` 0 87 0 0 48 0 Major Projects Traffic 0 0 0 0 0 0 0 0 0 0 0 0 Background (Major Project + 1%) 0 0 0 0 0 0 0 87 0 0 48 0 Project Traffic 73 % 95% Direction out in Project Traffic 0 0 46 0 0 0 0 0 0 73 0 0 Subtotal 0 0 46 0 0 0 0 87 0 73 48 0 Total 0 0 46 0 0 0 0 87 0 73 48 0 PM Peak Hour Intersection Volume Development Northbound Southbound Eastbound Westbound LT Thru I RT LT Thru I RT LT Thru I RT LT Thru I RT Existing Volume(10123/2007) 0 0 0 0 0 0 0 97 0 0 87 0 Peak Season Volume 0 0 0 0 0 0 0 111 0 0 99 0 Background 0 0 0 0 0 0 0 114 0 0 102 0 Major Projects Traffic 0 0 0 0 0 0 0 0 0 0 0 0 Background (Major Project + 1%) 0 0 0 0 0 0 0 114 0 0 102 0 % Project Traffic 0% 0% 73% 0% 0% 0% 0% 0% 0% 95% 0% 0% Direction 0 0 out 0 0 0 0 0 0 in 0 0 Project Traffic 0 0 139 0 0 0 0 0 0 183 0 0 Subtotal 0 0 139 0 0 0 0 !14 0 183 102 0 Total 0 0 139 0 D 0 0 114 0 193 102 0 k:)bed tpto114421100004ncy2008update)/copy ofirlpgen_re216f21iiddri,n y 3/22/200J/4:40 Sep 29 08 04:31 p RUDD JONES PE ASSOC 0 77� 2940 DMIBIT 4 OcT 7, 20M CITY OF OKEECHOBEE (863) 763-3372 FAX (863) 763-1686 AGENDA ITEM REQUEST FORM Please mail or bring completed foam to: City of Okeechobee City Administrator's Office 55 SE 3"" Avenue Okeechobee, Florida 34974 NAME: -E� i L L ADDRESS: ---, TELEPHONE: �T� Z 33'-Z 3 FAX. 7 MEETING: REGULAR SPECIAL O WORKSHOP O DATE: PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: PLEASE STATE WHAT DEPARTMENT($) YOU HAVE WORKED WITH THUS FAIL - PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: —�l�?6.4c \ f-:V 7I lam, JV-- LC , z CD lz-o ;1L PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: SIGNED BY: DATE: Z PARK STREET BUSINESS CENTER Development Agreement This Development Agreement is entered into this _ day of October, 2008 by and between the City of Okeechobee, a municipal corporation under the laws of the State of Florida, having its principal office at 55 S.E. 3`d 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. [4667-76922. W PD] 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 Committee (TRC). _The Developer has selected the "Without bond" option under section 86 73(fl and a frees that the Developer's enumeer shall, upon completion of the entire work on the subdivision or on one or more units of the subdivision as approved by the city council furnish the city ad.ministrator with a written certificate of such completion, accompanied by the records and data as prescribed in the City of Okeechobee Code of Ordinances Upon receipt of the required information and certificate the city administrator, or authorized representative shall recheck the plat and the work done and if the same shall be found to comply with City of Okeechobee Code of Ordinances. the city council shall on the recommendation ofthe cit administrator. approve or accept the final plat The 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 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 [4667-76922.WPD) Page 2 of 6 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 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. 3rd 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. If the 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. 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. [4667-76922.WPD] Page 3 of 6 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 first above written. William R. Grigsby Attest: James E. Kirk, Mayor City of Okeechobee Lane Gamiotea, CMC, City Clerk Countersigned: Brian Whitehall, City Administrator Infrastructure Certification (to be completed prior to final plat approval) The undersigned does hereby certify that the Develo er chose the "Without Bond" alternative to infrastructure im rovernents ursua�tois.ec' ion 86-73ofthe City ofOkeechobee Code ofOrdinances and the Develo er as of the date of this ation has —in died with the re u rements ofthat option and the project referenced in this asreement is eligible for final plat approval by the city council Certification dated: Brian Whitehall, City Administrator [4667-76922.WPD] Page 4 of 6 Exhibit ,A,, Legal Description PARCEL 1 (PER O.R.B. 527, PGS. 869-870): THE WEST HALF (W'/) 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 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 '/z 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. I342-1343): 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 0 0 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 12T" AVENUE TO NORTHEAST 13'N 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 'h 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 SEPTEMBER 9, 2008 - CEB REGULAR MEETING - PAGE 2 OF 3 n LJ 11 AGENDA III __ BOARD ACTION - DISCUSSION - VOTE II V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on Code Officer Sterling requested the withdrawal of Case 08-117 which is now in compliance, Case 08-117 was withdrawn. today's agenda. III VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling and Fire Chief Smith : No. 08-099 Gloria & Mary Brown.1100 NW 91' Avenue Ch 30 Sec 3043 Public nuisances No. 08-100 House of God Miracle Revival Church. 907 NW 111" Street Ch 30 Sec 30-43 Public nuisances No. 08-102 Willie & Bernice Taylor.1009 NW 9" Avenue Ch 30 Sec 30-44 General cleaning & beautification No. 08-103 Joe & Johnny Brown. 803 NW 12" Street Ch 30 Sec 30-44 General cleaning & beautification No. 08-104 Gloria & Mary Brown. 800 Blk NW 12t" Street Ch 30 Sec 3043 Public nuisances Before any cases were presented, Chief Smith asked to address the Board on behalf of Attorney Cook who was unable to attend tonight's meeting. Chief Smith said when he spoke with Attorney Cook they discussed a proposal from the family who owns all the properties listed below. Attorney Cook's advice was to put all cases together in one motion recommending the City Council consider the proposal made by the owners instead of dealing with each case separately. Code Officer Sterling testified he had talked to the property owner who told him their family had met together and agreed to transfer ownership of one parcel of property located at 800 Blk NW 121h Street to the City of Okeechobee in exchange for the City's consent to release the liens they hold against this property and another property located at 803 NW 12" Street. In addition, property owner stated all the other properties would be cleaned up and then sold. Code Officer Sterling stated due to a financial hardship the family was attempting to come up with a solution that would be mutually agreeable as well as bring the properties into compliance. Chairperson Gamiotea reminded the Board to consider this matter very carefully. He added, if the Code Board decided to recommend City Council consider this proposal, to keep in mind what kind of precedent would be set for future cases. Chairperson Gamiotea asked Fire Chief Smith if the buildings on the properties were a health and safety issue. Chief Smith confirmed they were and he was declaring them to be a public nuisance and safety hazard. After a lengthy discussion among the board, Member Montesi moved to find Case 08-099, Gloria & Mary Brown; Case 08-100, House of God Miracle Revival Fellowship Church; Case 08-102, Willie & Bernice Taylor; Case 08-103, Joe & Johnny Brown; and Case 08-104, Gloria & Mary Brown; be found in violation of Ch 30 Sec 3043 Public nuisances and Ch 30 Sec 30-44 General cleaning and beautification, recommending City Council consider a proposal from property owners to transfer ownership of one parcel of property located at 800 Blk NW 121" Street to the City of Okeechobee in lieu of fines, in addition property owners must bring all other properties into compliance within the terms set forth in a contractual agreement made with the City and if agreement is not fulfilled the City will proceed with other steps to bring the properties into compliance; seconded by Member McCreary. VOTE GAMIOTEA - YES IRBY - YES HANCOCK - ABSENT MCCREARY - YES MONTESI - YES REVELS - ABSENT SWEDA - YES HUCKABEE - YES WOLFF - ABSENT MOTION CARRIED. Okeechobee County Property Apprai* Map Printed on 10/6/2008 12:31:42 Page 1 of 1 Okeechobee County Property Appraiser o 35 70 105 ft W.C. "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 W PARCEL: 3-15-37-35-0010-00230-0040 - VACANT (000000) CITY OF OKEECHOBEE LOT 4 BLOCK 23 9 f,� Name: BROWN GLORIA RENEE & MARY DENT LandVal $8,000.00 Site: 0, OKEECHOBEE BldgVal $0.00 Mail: P O BOX 265 ApprVal $8,000.00 ELKTON, FL 320330000 JustVal $8,000.00 Sales 10/1/1986 $100.00 V / U Assd $8,000.00 .,_. Info 7/1/1984 $1,700.00 V / U Exmpt $0.00 1/1/1981 $0.00 1 / U Taxable $8,000.00 This information, Last Updated: 9/19/2008, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http://www.okeechobeepa.comIGISIPrint_Map.asp?pj boiibchhj bnligcafcefocnfkfdfefdbblej ngbckci... 10/6/2008 .. •.�-"r.Vi.Tr� s 06/10/2008 - b-- 7 2 W� �. ` .. -f'r �t�. � '. _ a � i3-!'�•i - `� +'ram — 06/10/2008 09/22/2008 15:26 863-462- 5EP-19-2008(FRI) 14:01 Citu Dkeecnobee CENTRAL ELEMENT (FRx)e 3 Ib8b ERiIBiT 6 IcT % 2008 _ ;r w1,G• Avenge � � of .Okeechobee Z-T4 #8E3-782.1372 Complete entire application with all applicable attachments and return to the Office of the City Clerk The City 0spertments . The application is then forwarded to Me CRY Council. you will be notlf7ed of the wi(I be contacted to sign off on the application over both a Clty street s, nd sidewark. Then: is a separate application should meeting date. Please note this application �nn7l D you request the slQewalk only. TEMPORARY STREET AND SIDEWALK cl-Ub11Mu Today's Data Nam�of pplicant Phone($) Address Name of ProportY Owner Phone(s) Address 0 SW �VI Street to be Closed Dates to be Closed i(" j N T'ime(s) to be Closed O� t5 r ii iGS C lAr"WtW� ���+^'►t Purpose of Closing � WVV 5411 COr 4 ca . wts ekmkm can Original Signatures of all rasidents, prepertY owners and business owners affected by street closing stating whether they approve or object This can be done an one list, Make sure if it 19 a business that the name of the business and owner is legible. If it is a rosident makd sure the name and 2ddreS4 is legible_ (Required of all applications) nVet�' &M &A� �a tiAeor F�� o, �7 Copy of proof of Insurance. (Minimum $1,000,000,00, required of all applications)' Attachments If any items are being sold an City street or sidewalk then atennporary Use Permit must be attached for each business participating. pormlts can be obtained from General soNlces. A 1,N State Food Service License if selling food. AN State Aleohollc Beverage License. (You can, only serve, on private property. No alcoholle beverages on -City property, this includes streets and sldewaiks) lbO'Clean-Up is required within 24 hours. �1f11P� Q , VvNo alcoholic beverages can be consumed or taken out an City property, Streets Or sid®Walks• owNo donations can be requested if any 'type of. alcoholic beverages are served on private propertylbusinessuniess you possess a State Alcoholic Beverage License. Please note there are nsumption licenses. You must have the appropriate license. Inside consumption and outside co �vv"e City Public Werks Department will deliver the appropriate bairricades. The City Police Department will set them out and take them down at the appropriate fimes. sa'Dumpsters and port -a -lets are required when closing the street for more than 3 houm- PUBLIC WORKS DEPARTMENT Donnie Robertson, Public Works Director uthorized. Signature Date Typed Name & Title . orized Signature Signature ADMINISTRATION Authofized Sign Denny Davis, Chief of Police Date Typed Name & Title Herh Smi f-'h, Fire Chief Date Typed Name & Title Occupational and/or State License Verified: Brian.. Whitehall, City Administrator Date i yped Name & Title Authorized Signature Date APPROVED/DENIED BY COUNCIL ON: Revised 8/05103 Typed Name & Title H'F] I 1 11 t I I I I I uu S-W.TH STREET W LW 1ZL z F1Q � Q Ll F1 TH STREET W � z HI NH Ex � w k C a Rr --- r--1 HFI'Ho HE ZXHIBIT 7 55 Southeast r Avenue * Okeechobee, �T 7 2008 the CitY k. e City artments complete entire application with all applicable attachmentsaton d thenreturfotrwarded to theo the office city city Counc►l ryou hwill be notified of the will be contacted to sign off on the application. The appl►c meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. Name of Applicant Address Name of Property Owner Address Street to be Closed Dates to be Closed Time(s) to be Closed TEMPORARY STREET AND SIDEWALK CLOSING .First Baptist Church [Toda�yte 310 SW 5th Avenue City of Okeechobee SW 3rd & 4th Street October 31, 2008 Phone(s) Fax Phone(s) 763-2171 763-8904 (between 5th & 6th Avenues only) 7:00 a.m. - 11:00 p.m. Purpose of Closing Fall Festival (a corrmunity FCS+ival as an alternative to Halloo Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications) Attachments If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks) . awClean-up is required within 24 hours. a No alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. vwNo donations can be requested if any type of alcoholic beverages are served on private there roPe !business unless you possess a Stthe lea rep r te pateState Alcoholic Beverage Licenic license. property/business inside consumption and outside consumption licenses. you .must have pP vaThe City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. _ -- - �Dumpsters and port-a--4are required when closing the street for. more .than 3., .ours.. 'PUBLIC WORKS DEPARTMENT Authorized. Signature POLICE DEPARTMENT Donnie Robertson Public Works Director Date Typed Name & Title . i Denny Davis Chief of Police rized Signature Date Typed Name & Title FIRE DEPARTIV — HP rh Rm i t h Fire Chief orized Signature Date Typed Name & Title Occupational and/or State License Verified: ADMINISTRATION Brian Whitehall, City rAdministrator Auth� izi Signat e Date i yped Name & Title CLERK'S OFFICE Lane Gamiotea City Clerk Authorized Signature Date Typed Name & Title APPROVED/DEFIED-BY- COUNCIL ON: Revised 8/05/03 (�s r 1 C os OFF ,. r i A 1 mr 41 • nwim 8 OCT T, 2008 TO: Mayor and Council Members FROM: Lane Gamiotea, City Clerk YV SUBJECT: Annual Bid for Mapping Services DATE: October 1, 2008 According to the Code Book, Sec. 2-288. Department heads may recommend purchase of a specific brand if they feel, through experience or analysis, that only that brand will serve the best interest of the City. Factors which might warrant sore -source purchasing could involve compatibility with existing equipment, maintaining operational standards, or lesser service requirements which reduce down -time and maintenance costs. When making such recommendation, the department head shall submit written justification and recommendation to the City Council for approval. As you may know, several years ago we teamed up with the Property Appraiser's Office to keep the City's maps updated. This created a great working relationship, and allowed our office access to information we ordinarily would not have. Due to the work load and changes in technology, the Property Appraiser's Office hired a mapping consultant a few years ago, Mr. Steve Williams. He owns Global Mapping and works for several property appraiser's in Central and South Florida. Mr. Williams gradually became the only person who updated the City's maps instead of the Property Appraiser's Office Staff. In an effort to cut down on the amount of paper work to process payments, the City began accepting the invoices directly from Mr. Williams rather than it being submitted to the Property Appraiser's Office, where it was then billed to the City, then paid to the Property Appraiser's Office and finally paid to Mr. Williams. Mr. Williams is still a mapping consultant for the Property Appraiser, and we continue to share the same updated information, which in turns keeps the City's costs down. Since there is no other mapping company that works for the Property Appraiser's Office conducting this type of work, I recommend that this be considered a sole -source purchase based on maintaining operational standards and serves as the best working relationship with the Property Appraiser's Office. Please consider waiving the formal bidding procedures and award the annual bid to Global Mapping in the amount of $8,800.00. Thank you for your time and attention to this matter and please do not hesitate to contact me with any questions you may have. PURCHASE REQUISITION CITY OF OKEECHOBEE 55 Southeast 3rd Avenue Okeechobee, FL 34974-2903 Tel: 863-763-3372 Fax: 863-763-1686 TO: Global Mapping, Inc. 1418 Northwest 141 st Street Okeechobee, Florida 34972 THIS ORDER SUBJECT TO CONDIDTIONS ON FACE. NO CHANGES MAY BE MADE WITHOUT WRITTEN PERMISSION OF PROCI IRFMFNT FAAh1ArFnA9:nIT SHIP TO: City of Okeechobee Lane Gamiotea, CMC 55 Southeast 3rd Avenue Okeechobee, FL 34974 INVOICE IN DUPLICATE: DATE VENDOR NO. DELIVERY DAT SHIP VIA BEST WAY F.O.B. DEST. ITERMS 10/07/08 N/A N/A N/A EIN/A I NET 30 ITEM NO ACCT. NUMBI QUANTITY UNIT DESCRIPTION UNIT AMOUNT 1 2512-3400 1 Mapping Services $8,800.00 Oct 2008 to Sept 2009 TOTALI $8,800.00 rC -r[/1L CAUIJC HINU I KANWF UK I A I IUN TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE. EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUIEST. STATE SALES TAX EXEMPTION NO. 85-8012621656C-6 FEDERAL I.D. NO 59-60000-393 lfftL a(r4t'o � AUTHORIZED SIGNATURE RECEIVING RECORD 0 PARTIAL A FINAL Bill To Lane Gamiotea City Clerk City Of Okeechobee 55 SE 3rd Avenue Okeechobee, FI 34974 Invoice Date Invoice # 10/1/2008 211 Global Mapping, Inc. 1418 NW 141 Street Okeechobee, FL 34972