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2018-11-15MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY, NOVEMBER 15, 2018, 10:00 A.M. CITY OF OKEECHOBEE 55 Southeast 3rd Avenue Okeechobee, Florida 34974 I. CALL TO ORDER — Chairperson. The November 15, 2018, Technical Review Committee (TRC) meeting was called to order at 10:00 a.m. by Chairperson Montes De Oca. II. STAFF ATTENDANCE — Secretary. Voting Members: City Administrator Marcos Montes De Oca — Present Building Official Jeffery Newell — Absent (Entered chambers at 10:06) Fire Chief Herb Smith — Present Police Chief Robert Peterson — Absent (Major Hagan in attendance) Public Works Director David Allen — Present Non -Voting Ex -Officio Members: City Attorney John R. Cook — Absent with consent City Planning Consultant Bill Brisson — Present City Civil Engineering Consultant — Attendance not requested County Environmental Health Department Victor Faconti — Present OUA Executive Director John Hayford — Present School District Representative — Absent Committee Secretary Patty Burnette — Present (Ms. Dunham, General Services Secretary, in attendance as well) III. AGENDA— Chairperson. Chairperson Montes De Oca asked whether there were any requests for the addition, deferral or withdrawal of items on today's Agenda. There being none the Agenda stands as published. IV. MINUTES — Secretary. Public Works Director Allen moved to dispense with the reading and approve the Minutes for the regular meeting held September 20, 2018; seconded by Major Hagan. Motion carried unanimously. V. NEW BUSINESS — Secretary. A. Abandonment of Right -of -Way Petition No. 18 -002 -SC, a portion of Southwest 18th Street between Southwest 211d and 3rd Avenues (approximately 300 -feet by 40 -feet) - Senior Planner. Planning Staff Report: Planner Brisson explained the Applicants, Mr. Delbert and Ms. Donna Howard, are proposing to vacate the 300 -foot long, 40 -foot wide unimproved Right -of -Way of Southwest 18th Street between Southwest 2nd and 3rd Avenues. The Right -of -Way is lying between Blocks 33 and 36. Marilyn Frazier Revocable Trust owns Lots 5 through 6 of Block 33, Carl and Cassie Murphy own Lots 11 through 12 of Block 33, Faith Christian Center of Okeechobee owns Lot 7 through 8, of Block 36 and the Howards own Lots 1 through 2 of block 36. TRC - November 15, 2018. Page 1 of 3 V. NEW BUSINESS CONTINUED. A. Abandonment of Right -of -Way Petition No. 18 -002 -SC continued. Planning Staff Report continued: Planning Staff's responses to the required findings are the property is designated Single -Family Residential on the Future Land Use Map and Residential Single -Family One on the Zoning Map. The proposed future use is undetermined. The lands bordering the Right -of -Way carry the same Future Land Use and Zoning designations which simplifies development and enhances the chances that all future development will be compatible with surrounding properties. The Right -of -Way is not the sole means of access to any property. All adjoining or nearby properties have access from either Southwest 2nd or 3rd Avenues. The public benefits associated with the abandonment are: none of the East-West Rights -of -Way between Southwest 2nd and 3rd Avenues South of 17th Street have been improved to facilitate vehicle traffic except 21st Street which provides access to the development West of Southwest 5th Avenue. It should be noted that it appears the Faith Christian Center has already utilized some of the Right -of -Way for its fenced in outdoor play area. It will be a benefit to the City to remove the existing Right -of -Way which will reduce the land the City is required to maintain and the property will be subject to ad valorem taxation. The Applicant has submitted Letters of No Objection from Florida Power and Light, CenturyLink, Comcast Cable and Okeechobee Utility Authority (OUA). However, OUA requires the North half of Southwest 18th Street to be reserved as an easement with unrestricted 24-hour access and with OUA being responsible only for restoration of seed/mulch/sod in the event work is required on the water main. Planning Staff is recommending approval based on these findings. County Environmental Health Department: No issues were received. OUA: Mr. Hayford commented there is an existing water main located in this Right -of -Way. An easement for the North half of Southwest 18th Street will need to be reserved with unrestricted 24- hour access and with OUA being responsible only for restoration of seed/mulch/sod in the event work is required on the water main. No buildings or permanent structures should be in this Right -of -Way. Public Works: Public Works Director Allen noted that even though the North to South alleyways located between Blocks 33 and 36 are currently not maintained, they are still public Rights -of -Way and the Public Works' Department may need to access them in the future. An access easement for the entire portion of SW 18th Street will be needed. Police Department: No issues were received. Building Official: No issues were received. Fire Department: No issues were received. Chairperson Montes De Oca commented on a concern with the property owner, Faith Christian Center of Okeechobee. Currently they are using part of the Right -of -Way for a fenced in playground area and he doesn't know whether they have a Use Agreement with the City. He would like to address this before recommending approval for the closure so as not to cause undue problems for the property owner to their North. Ms. Sharon Robertson, Mother of the Applicant, Ms. Howard, commented that the two property owners have an agreement between the two of them and will be executing a Quitclaim Deed. TRC - November 15, 2018 - Page 2 of 3 Chairperson Montes De Oca asked whether there were any comments or questions from those in attendance. The property owner, Ms. Howard, was in attendance. She did not have any comments nor did the Committee have any questions. Chairperson Montes De Oca then asked TRC Members to disclose for the record whether they had spoken to anyone regarding the Application or visited the site. There were no disclosures. A motion and a second was offered by Fire Chief Smith and Public Works Director Allen to recommend approval to the Planning Board for Abandonment of Right -of -Way Petition No. 18- 002 -SC, to abandon a portion of Southwest 18th Street between Southwest 2nd and 3rd Avenues (approximately 300 -feet by 40 -feet), with the following conditions: 1. OUA requires the North half of Southwest 18th Street to be reserved as an easement with unrestricted 24-hour access and with OUA being responsible only for restoration of seed/mulch/sod in the event work is required on the water main. 2. The City of Okeechobee Public Works Department requires an access easement for the entire portion of Southwest 18th Street. 3. Receive a copy of the Agreement between the property owners on the West side of the Right -of -Way closest to Southwest 3rd Avenue. Motion carried unanimously. VI. ADJOURNMENT— Chairperson. There being no further items on the Agenda, Chairperson Montes De Oca adjourned the Technical Review Committee meeting at 10:08 a.m. PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the Technical Review Committee with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Service's media are for the sole purpose of backup for official records of the Department. Marcos es De Oca, Chairperson ATTEST: Patty M. Burnette, Secretary Pow, eauvd.-tt., TRC - November 15, 2018 - Page 3 of 3 MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY, SEPTEMBER 20, 2018, 10:00 A.M. CITY OF OKEECHOBEE 55 Southeast 3rd Avenue Okeechobee, Florida 34974 I. CALL TO ORDER — Chairperson. The September 20, 2018, Technical Review Committee (TRC) meeting was called to order at 10:00 a.m. by Chairperson Montes De Oca. II. STAFF ATTENDANCE — Secretary. Voting Members: City Administrator Marcos Montes De Oca — Present Building Official Jeffery Newell — Present Fire Chief Herb Smith — Present Police Chief Robert Peterson — Absent (Major Hagan in attendance) Public Works Director David Allen — Present Non -Voting Ex -Officio Members: City Attorney John R. Cook — Present City Planning Consultant Bill Brisson — Present City Civil Engineering Consultant — Attendance not requested County Environmental Health Director Victor Faconti — Absent OUA Executive Director John Hayford —Present (entered Chambers at 10:10 a.m.) School District Representative — Absent Committee Secretary Patty Burnette — Present (Ms. Dunham, General Services Secretary, in attendance as well) III. AGENDA — Chairperson. Chairperson Montes De Oca asked whether there were any requests for the addition, deferral or withdrawal of items on today's Agenda. Under New Business, Item "B" to be heard first as the Applicants for Item "A" will be arriving about 20 minutes late. IV. MINUTES — Secretary. Public Works Director Allen moved to dispense with the reading and approve the Minutes for the regular meeting held August 16, 2018; seconded by Police Major Hagan. Motion carried unanimously. V. NEW BUSINESS — Chairperson. B. Site Plan Review Application No. 18 -004 -TRC, in regards to the redevelopment of approximately 1.44 acres as a proposed unmanned, electronically accessed, 24-hour storage facility located on the east side of Northwest 2nd Avenue between Northwest 7th and 8th Streets, Okeechobee, FL, Lots 11 through 20 of Block 58, OKEECHOBEE as recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, [and recorded in Plat Book 5, Page 5, Public Records of Okeechobee County] - Senior Planner. Planning Staff Report: Planner Brisson explained the proposed project involves the removal of all improvements on the site excluding the telecommunications tower on the leased portion. Five new single -story, clear span buildings will be constructed in a symmetrical design. Storage bay doors are TRC - September 20, 2018 - Page 1 of 6 r - V. NEW BUSINESS CONTINUED. B. Site Plan Review Application No. 18 -004 -TRC continued. Planning Staff Report continued: located along the front, back and sides of each building and all doors open directly to the outside. No storage of any kind will be permitted outside the buildings. The rental and administrative functions will be in an off-site office; as such there will be no on-site employees. The site is and will continue to be provided potable water by Okeechobee Utility Authority (OUA). Since this is an unmanned site with no restrooms, water fountains or spigots, there should be no demand for potable water or wastewater treatment other than in the event of fire. A dumpster area is indicated in the drive aisle just outside of the southeast corner of the telecommunications tower site. Drainage, water quality, and water quantity are being handled through the permitting requirements of the South Florida Water Management District. The Applicant has submitted an estimate of traffic generation for the facility based on the 6th Edition of the Institute of Traffic Engineer's (ITE) Trip Generation Report, factor code 151 mini warehousing. His conclusion is the proposed facility will generate about 40 trips per day with four during the PM peak hour. The Planner looked at the ITE 9th edition and agreed with the Applicant's conclusion. Such traffic levels are not expected to adversely affect traffic flow into or out of the facility or on local roads. Access to the site is 24 hours a day seven days a week to and from Northwest 2nd Avenue by two, 28 -foot wide, asphalt driveways through electronically activated gates. Interior circulation is provided throughout the site by a series of 30 -foot wide drives comprised of permeable paving. A loading zone has been indicated in the drive aisle on the North side of the telecommunications tower site. The dimensional standards review appears to meet the requirements with the exception of the landscape buffer areas. The City's Land Development Regulations (LDR's) include no exemption to the minimum landscaping requirement for industrial uses; however, there is a section that provides the opportunity to demonstrate that the requirements can more effectively be met by an alternative plan. All three street frontages require the 10 -foot landscape buffer. The one interior lot line requires the two -foot landscaped buffer. The Applicant's site plan has provided no trees along the Northwest 7th and 8th Street frontages. Rather, three trees will be located between the leased telecommunications site and the location of storage building 3, which is directly to the West, with all of the remaining trees to be planted along the Northwest 2nd Avenue frontage. Trees are required along all roadway frontages not just the roadway providing access to the property. At a minimum, three more trees are required. It appears from aerial photography of adjacent developed properties that no sidewalks have been required in this area, and a photometric lighting plan has been provided. In conclusion, Mr. Brisson is recommending approval of the site plan, as submitted, with the following stipulation: the Applicant provides the required landscaping along all street frontages and interior property lines; or, the TRC determines that the Applicant's alternative landscape plan will be more effective than strict application of the landscape requirements. In any event, the Applicant should provide at least three more trees. County Environmental Health Department: No issues were received. OUA: Director Hayford commented no sewer involved and water meter involved after construction for fire. Public Works: Director Allen commented a water quality structure was needed on the southwest corner of Northwest 7th Street and 2nd Avenue. TRC - September 20, 2018 - Page 2 of 6 V. NEW BUSINESS CONTINUED. B. Site Plan Review Application No. 18 -004 -TRC continued. Police Department: Major Hagan requested their department would need access to the gate for security purposes. Building Official: Building Official Newell inquired about whether an irrigation system would be installed. Fire Department: Chief Smith requested the loading zone area to be relocated to another area so that 20 feet of the drive aisles on both sides of the leased telecommunications site .could be marked as fire lanes. Either a knoxbox would need to be installed on the gates for access or the Applicant would need to provide the electronic code if using a key pad. He did offer that the hydrant and water supply seemed adequate and asked whether hazardous waste was being stored there. Mr. Steven Dobbs, Consultant, was present and available for questions along with the Property Owner and Applicant, Mr. William Freeman. Responding to staff's questions, no hazardous waste will be stored at the site, the Applicant will be installing an electronic keypad on the gate and will provide the key code and irrigation is being provided and the water source will be a well. Regarding the landscaping, given the Applicant has provided an excess amount of shrubs the Board was in agreement that the Applicant did not need to provide three additional trees along the east interior property line. Chairperson Montes De Oca asked whether there were any comments or questions from those in attendance. There were none. Chairperson Montes De Oca then asked TRC Members to disclose for the record whether they had spoken to anyone regarding the Application or visited the site. Chairperson Montes De Oca disclosed he had conversations with both Mr. Dobbs and Mr. Freeman. Building Official Newell also disclosed he met with Mr. Freeman to discuss the construction plans. There were no other disclosures. A motion and a second was offered by Fire Chief Smith and Public Works Director Allen to approve to Site Plan Review Application No. 18 -004 -TRC, in regards to the redevelopment of approximately 1.44 acres as a proposed unmanned, electronically accessed, 24-hour storage facility located on the east side of Northwest 2nd Avenue between Northwest 7th and 8th Streets, Okeechobee, FL, Lots 11 through 20 of Block 58, OKEECHOBEE as recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, rand recorded in Plat Book 5, Page 5, Public Records of Okeechobee Countyl, with the following conditions: 1. Remove the loading zone. 2. Mark 20 feet of the drive aisles on both sides of the leased telecommunications site as fire lanes. 3. Regarding the alternative landscaping plan, the three trees needed along the east interior property line can be met with the excess amount of shrubs already provided. 4. Either a knoxbox would need to be installed on the pates for access or the Applicant would need to provide the electronic code if using a key pad. 5. Install a water quality structure on the southwest corner of Northwest 7th Street and 2nd Avenue. Motion carried unanimously. TRC - September 20, 2018 - Page 3 of 6 f V. NEW BUSINESS CONTINUED. A. Site Plan Review Application No. 18 -002 -TRC, second review, in regards to the construction of a proposed 1,412 square foot fast food restaurant with drive-through service including 500 square feet of outdoor dining space located at 100 Southeast 8th Avenue, Okeechobee, FL, Lots 1 through 3 TAYLOR CREEK MANOR as recorded in Plat Book 3, Page 4, Public Records of Okeechobee County - Senior Planner. Planning Staff Report: Planner Brisson explained at the TRC July 19, 2018, meeting, the Applicant's original site plan was denied but authorized to resubmit a revised site plan to address the 11 conditions set. However, the revised site plan submitted has not addressed all of those conditions. 1. The interior circulation system is modified such that the hazard to pedestrian safety crossing the parking lot is significantly reduced. The internal circulation system has not been modified in any way to reduce the recognized hazards to pedestrian safety. 2. Closing time is limited to not later than Midnight. Nothing in the resubmittal indicates that the closing time has been changed as stipulated. 3. Limit deliveries by semis or other large trucks that must enter the site in a contra -flow direction and/or block ingress, egress, parking or interior circulation, to nonbusiness hours after 6 a.m. Nothing in the resubmittal indicates that deliveries will be limited to other than "off business hours" as was stted in the original submission. 4. A new solid fence is constructed along the southern property line with the proposed trees and shrubs (hedge) planted to the north within the five-foot landscape buffer as presently proposed. The resubmittal includes no reference to a new fence along the southern property. 5. The dumpster enclosure is moved eastward three feet to meet the required 10 -foot minimum setback, otherwise approval of a Variance would be necessary. The new submittal shows that the dumpster enclosure has been relocated to be consistent with the minimum 10 -foot setback. 6. Solid waste collection is conducted only between 6 a.m. and 8 a.m. While the Applicant has not mentioned this limitation in the resubmittal, my earlier discussions with Waste Management indicated that this is the timeframe within which they would be serving the Checker's site. 7. Provide sidewalk ( to City standards) along the west side of Southeast Avenue from State Road 70 to the driveway at the south end of the property. The resubmittal does not include provision of the required sidewalk, but when verbally informed that this was a crucial component, the Applicant's representative indicated that the sidewalk would be provided. 8. Provide a two -foot landscape strip between the restaurant structure and all vehicular use areas (Note: due to the nature of the drive-through service, this is likely impractical. If so, approval of a Variance is necessary). The Applicant has provided landscaping strips between the building and the vehicular use area in at least a couple of areas. 9. Submit lighting plan for the entire site. The Applicant has provided a lighting plan for the site. 10. Should it be possible, try to preserve the larger existing trees on site. There is no indication that the Applicant has tried to do anything in this regard or explained why not. 11. Submit off-site water and wastewater plans prior to construction. Not applicable at this stage. County Environmental Health Department: Chairperson Montes De Oca read into the record written comments received from Director Faconti. The Checkers project indicates that septic will be used for sewage disposal. At this point with what was submitted, I cannot determine if a septic system could be permitted. I am not sure there is enough room on that parcel for a septic system. OUA: Director Hayford commented other than his previous comments at the July 19, 2018, meeting he has no additional comments to add other than to note no one from Checkers has contacted them and there is some confusion as their plans show septic but they have discussed sewer connections. TRC - September 20, 2018 - Page 4 of 6 V. NEW BUSINESS CONTINUED. A. Site Plan Review Application No. 18 -002 -TRC continued. Public Works: No additional comments other than his previous comments at the July 19, 2018, meeting. Police Department: No additional comments other than his previous comments at the July 19, 2018, meeting. Building Official: No additional comments other than his previous comments at the July 19, 2018, meeting. Fire Department: In addition to his previous comments at the July 19, 2018, meeting, he would like to request OUA to do a flow test on the hydrant. Chairperson Montes De Oca commented for the record both the Applicant's and the City's Traffic Engineers determined full access via Southeast 8th Avenue to the site is appropriate given Florida Department of Transportation's (FDOT's) denial of access to State Road 70. He still had some concerns though with pedestrian traffic and safety on site due to the double looping and requested crosswalk stripping and some sort of traffic separation curbing. Also indicate there is a walk up window with signage. Mr. Chad Riddle and Mr. Adam Schildmeier with the Wantman Group, Inc were present for the Applicant and responded to the 11 conditions. With FDOT denying their request for access from State Road 70 East, and having their signage face the residential area to the south if they rotate the building, they suggested there is no solution to modifying the interior circulation other than what was already presented. They did not agree that their closing time should be limited as the McDonalds Restaurant is opened 24 -hours and a significant amount of their business occurs after this time. Garbage pickup will be off -hours, a solid fence will be constructed, dumpster enclosure has been relocated, solid waste collection will be during off -hours, a sidewalk, landscape, and a lighting plan will be provided. Regarding preserving larger existing trees on-site, they will do their best but given that the site is small this may be difficult. They will be contacting OUA and submitting water and wastewater plans prior to construction. Chairperson Montes De Oca asked whether there were any comments or questions from those in attendance. There were none. Chairperson Montes De Oca then asked TRC Members to disclose for the record whether they had spoken to anyone regarding the Application or visited the site. Chairperson Montes De Oca disclosed he had numerous conversations with Mr. Schildmeier. There were no other disclosures. Building Official Newell is opposed to the project as he had commented at the previous TRC meeting on July 19, 2018, that he had concerns with the double looping of the drive-through 'and he felt the entire site plan needed to be re-examined. He feels the revised site plan being submitted has not addressed his concerns and as such he cannot support the project. A motion and a second was offered by Major Hagan and Public Works Director Allen to approve to Site Plan Review Application No. 18 -002 -TRC, second review, in regards to the construction of a proposed 1,412 -square foot fast food restaurant with drive-through service including 500 -square feet of outdoor dining space located at 100 Southeast 8th Avenue TRC - September 20, 2018 - Page 5 of 6 Okeechobee, FL, Lots 1 through 3 TAYLOR CREEK MANOR as recorded in Plat Book 3, Page 4, Public Records of Okeechobee County, with the following conditions: 1. Requiring a curb or median from the Northwest corner of the drive thru to the Southwest of the drive thru to separate traffic with signage and applicable cross walk stripping. 2. Request OUA to do flow test. 3. Contact and coordinate with OUA in regards to the water and wastewater. 4. Loading times must be during non business hours. 5. Submit copy of off-site improvements prior to construction. Motion carried with Building Official Newell opposing. VI. ADJOURNMENT— Chairperson. There being no further items on the Agenda, Chairperson Montes De Oca adjourned the Technical Review Committee meeting at 10:41 a.m. PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the Technical Review Committee with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Service's media are for the sole purpose of backup for official records of the Department ATTEST: Marcos Montes De Oca, Chairperson Patty M. Burnette, Secretary TRC - September 20, 2018 - Page 6 of 6 CITY OF OKEECHOBEE NOVEMBER 15, 2018 TECHNICAL REVIEW COMMITTEE HANDWRITTEN MINUTES I. CALL TO ORDER - Chairperson: November 15, 2018 Technical Review Committee Meeting, 10:00 a.m. II. STAFF ATTENDANCE - Secretary Administrator Montes De Oca Building Official Newell Chief Peterson Chief Smith Engineer Public Works Director Allen Non -Voting Ex -Officio Members: Attorney Cook Environmental Health Director Faconti OUA Executive Director Hayford Senior Planner Brisson School Representative Secretary Burnette III. AGENDA — Chairperson. Present Absent v YEA e cr o �hamberi, ABSTAIN ABSENT Allen ✓ Position vacant at this time Montes De Oca ✓ v V Petefsen t0.3arl ✓ Smith J. Dunham in a lenctancs A. Requests for the addition, deferral or withdrawal of items on today's agenda. IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Minutes for the regular meeting of September 20, 2018. PVD Al len moved to dispense wit the reading and approve the Minutes for the regular meeting of September 20, 2018; seconded by rasor 1-190f1 a done VOTE YEA NAY ABSTAIN ABSENT Allen ✓ Montes De Oca ✓ Newell V Petefsen t0.3arl ✓ Smith ✓ APPROVED DENIED V. NEW BUSINESS - Chairperson. A. Abandonment of Right -of -Way Petition No. 18 -002 -SC, a portion of Southwest 18th Street between Southwest 2nd and 3rd Avenues (approximately 300 -feet by 40 -feet) - Senior Planner. 1. Review Planning Staff Report. re Com mends a p p rwo Mee4-5Gt.tt -the en-eris re 2 LLQ: r�d--- V. NEW BUSINESS - continued. A. Abandonment of Right -of -Way Petition No. 18 -002 -SC continued. 2. City Staff comments. 0,1A -John H Wafermoin_ Ioea-I-ed (n /MN. )rq va�� d -fa tcooDWil I need �USeaffiq- On +I�e t�orjh side, J ` OU aLl l/ access . im prove BMs' LeX Ceps-�r�rass in QKQ avr/ No OM be, loc &4 ct HeaH;h Dept- V. "Ecteort-h — ah,e-F 3mak-- no eo,rn rne_n Major Naim- npDoremsr74 PWt — Deeds a_cce 1DO— P has no ('zmrne01- �,,,� 'e0.se1'YIem+ f0 r a eon et) ('n w1114, Lift prop - rd. Alt Chu rcln Joesn'+ have ctoeSn,+ oar+ l tOrtk A-hc- CRC roaeCir,� rt Y b on Sf„J (-Dine r- e ioss4 4-0 Q m� n9 (� C,(zc 1 u S£ u re Ds ,,cfe_ recon rnon Lj ht is - lC�rt ca -re._ .�r�i'ayl (P)ohrd- Pare � nY� is 3'� r\ the- 41,06 p ✓b er .-ty b ci)rite- r5 t,oe s 5161-k e teosesi- -Ft) str3 31 ref pre Qui: It c-uucL_ 3 �n�;I��- V. NEW BUSINESS - continued. A. Abandonment of Right -of -Way Petition No. 18 -002 -SC continued. V. NEW BUSINESS - continued. A. Abandonment of Right -of -Way Petition No. 18 -002 -SC continued. 3. Hear from Property Owner or Designee/Agent - Delbert and Donna Howard. 7)D n f -t -U vat -4 �- preS0111- SPPCil U �i f Sho Tt o ��r tet- -Ruen� Q 4. Public comments or questions from those in attendance, or submitted to the Committee Secretary. 5. Disclosure of Ex -Parte Communications by the Committee. V. NEW BUSINESS - continued. A. Abandonment of Right -of -Way Petition No. 18 -002 -SC continued. 6. a) Consider a motion to recommend to the Planning Board to approve or deny Petition with/without contingencies. Motion and a second offered by Sm 1411\ and P1/4 t len to approve/deny Abandonment of Right -of -Way Petition No. 18 -002 -SC, a portion of Southwest 18th Street between Southwest 2nd and 3rd Avenues (approximately 300 -feet by 40 -feet), with the following contingencies: &Seine -F6 r DIA Ea 'vyv & -far 'PLO A reern?of b,e-(wueen propel iown(rs o u es+ side, 6 SW3rd- e— b) Discussion. None. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT Allen ✓ Montes De Oca ✓ Newell ✓ ..Peterson- Hajar\ V 'mit I/APPROVED � DENIED VI. ADJOURN — Chairperson. �� a There being no further items on the agenda, Chairperson adjourned the Technical Review Committee Meeting at 10:0B a.m. 6 CITY OF OKEECHOBEE TECHNICAL REVIEW COMMITTEE OFFICIAL AGENDA NOVEMBER 15, 2018 CITY HALL, COUNCIL CHAMBERS 55 SOUTHEAST 3RD AVENUE OKEECHOBEE, FLORIDA 34974 I. CALL TO ORDER NOVEMBER 15, 2018, 10:00 a.m. - Chairperson. II. STAFF ATTENDANCE - Secretary. Voting Members: David Allen, Public Works Director Marcos Montes De Oca, City Administrator Jeffery Newell, Building Official Bob Peterson, Police Chief Herb Smith, Fire Chief Non -Voting Ex -Officio Members: Bill Brisson, Senior Planner, LaRue Planning and Management John Cook, City Attorney Victor Faconti, Okeechobee County Environmental Health John Hayford, Okeechobee Utility Authority School Representative Patty Burnette, Secretary III. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Minutes for the regular meeting of September 20, 2018. V. NEW BUSINESS - Chairperson. A. Abandonment of Right -of -Way Petition No. 18 -002 -SC, a portion of Southwest 18th Street between Southwest 2nd and 3rd Avenues (approximately 300 -feet by 40 -feet) - Senior Planner. 1. Review Planning Staff Report. 2. City Staff comments. 3. Hear from Property Owner or Designee/Agent — Delbert and Donna Howard. 4. Public comments or questions from those in attendance, or submitted to the Committee Secretary. 5. Disclosure of Ex -Parte Communications' by the Committee. 6. a) Consider a motion to recommend to the Planning Board to approve or deny Petition with/without contingencies. b) Discussion. c) Vote on motion. VI. ADJOURN - Chairperson. 'Per Resolution No. 1997-05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. Please be advised that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the Agenda; a copy of the document, picture, video or item MUST be provided to the Board Secretary for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the Technical Review Committee with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department, no later than two business days prior to the proceeding, 863-763-3372. 1 NDEPENDENT NESIVIEDIA INC. USA Lake Okeechobee News 107 SW 17th Street, Suite_D_..,. Okeechobee, Florida34974_:`..,_� 863-7637 13,4 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County Florida,(•that the attached copy of advertisement being a -� �i-�� JAL in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 1 1 ) a -ER Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this day of lcNe;r1e1:_ Notary Public, State of Florida at Large J 1( O( i.;." YPUP a *r «� Katrina Elsken cZ6) iso AD ANGIE BRIDGES MY COMMISSION # FF976149 EXPIRES:AprII20, 2020 'bFgF Ft4... Bonded Thru Notary Public Underwilters 1 r_v.(_� PUBLIC NOTICE KEECHOBEE TECHNICAL OF �COMMITIFE MEETING NOTICE ISHEREBYGIVENthat the QYcfOFmediobeeTechiia PerWr amintlee(IRC)w0mrdi3a regitarmcdi9onTbw Nov. 75,2918, at ay Hat, SS SEM ANe, Rrn 200, c4 b pi* Med axl dencouraged attend Me agenda maybe fmmotydd2erhobeemrnerbycatfri9the ameralSeMvias OI�EE3-7633372et9e20. ANY PERSON DEWING 70 APPEAL art,' moo made by the IRC wth resect to any matter msiderel at ttt roadie wa need to este a vabatinread ofthecrooning5madeandtheronxdtdidsthetestis nyand eridenm upon wtirh the appy wr7 be baed In madame wth the 4DP thihD A2(aew),a personWhadcabayes&fiinedby UmonbddtheC,enerdSavat reeds rio s t r 1tescbys Pea topro:eedr9,P63-7E3-3372ed. 5820. BE ADVISED bet maid You Intend to atom any baxnert, One, vid2o orterns tothe7RChsuppodoroppostontoarytem anthe ala amp! of Une dootrernt, pioue, Weo, of tern MUST he purified to the Correttee Seodary for the ay'; records BE ADVISED THAT ONE OR MORE QTY OF OKEECHOBEE COM- M MEMBERS MAY BE IN ATTENDANCE AT7HIS MEETING 7ti1S NOTICE IS POSTED 70 MEET STATE PUBLIC NOTICE REQUIRE FB4�NT4SyANDiINE LAWS. 2 i:16(1 har=Morib De Om PAGE 1 CITY OF OKEECHOBEE General Services Department 55 Southeast 3rd Street Okeechobee, Florida 34974 863-763-3372 X 9820 Fax: 863-763-1686 ABANDONMENT OF RIGHT-OF-WAY PETITION PETITION NO. /8 -ON -v Application fee (non-refundable) $600.00 Note: (Resolution No. 98-11) Schedule of Land Development Regulation Fees and Charges When the cost for advertising 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. Date Fee Paid: ( 0- 1- (8 Receipt No: 1 -1 -CI 1 / Co TRC Meeting: Il_ I �, I a 1 Publication Date: Letters Mailed: I PB/BOA Meeting:/Publication a-� 0- i'0 Dates: Letters Mailed: t a-S--tb CityCouncil 1s, Reading:�1 `� cj__ CMR Letter E-mailed: City Council Public Hearing:a � Publication Date: - (9 Right-of-way Definition: Land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress or egress, or other purpose by the public, certain designated individuals, or governing bodies. [F.S. Ch. 177 § 177.031(16)]. Easements for roads and related purposes shall be considered as right-of-way. Legal Description of the Right -of -Way to be Abandoned: ss6 ext -1181-1 Note: Upon abandonment of a right-of-way in the City of Okeechobee or First Addition of City of Okeechobee Subdivision's, there may be a Fee Simple Interest from the Hamrick Trust. For more information contact Gil Culbreth, 3550 US Hwy 441 South, Okeechobee, Florida 34974, 863-763-3154. Purpose of the Right -of -Way Abandonment: ALL FouR 'PROPER% OWNERS Do t4OT tALANT A C3vsj STR ELT RUNNING I RoUGtt HEIR tPROPERTi&5 kkit-toRe tG A 80R k-4cOD C a t_DRENI FRE UEN -17. .f FL\I EXHIBIT A A 40 foot road depicted as Eleventh Street (on plat AKA SW 18t1 Street) lying between Blocks 33 and 3 6 on the plat of First Addition to South Okeechobee, according to the plat thereof recorded in Plat Book 1, Page 17, Public Records of Okeechobee County, Florida. PAGE 2 PETITION NO. 16-03d ,l Name of property owner(s):4ac1 6`Z -i gt,) DiN,isc _0\t\i , Owner(s) mailing address: 13c 4- 5. \ aND 4it .) ov L ) 3FE 9-g Owner(s) e-mail address: (61'lt1p,tf CICASI VC.4 @ \J ( \(1G�1 '• cool Owner(s) daytime phone(s):((kc \to Ci�14- )(2), ((1)1 ( ax: 1'- 1 " Required Attachments vCopy of recorded deed of petitioner as well as any other property owner whose property 1.,)(is contiguous to the right-of-way. Letters of Consent or Objection. (If more than one property owner is involved and they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL INSTRUCTIONS Location map of subject property and surrounding area within 100' (See Information ixRequest Form attached) and dimensions of right-of-way. List of all property owners within 300' of subject property (See Information Request Form attached) Site Plan of property after abandonment. (No larger than 11x 17) Utility Companies Authorization Form. (See attached) t,-\ Supplementary supporting information: Copy of recorded Plat of the Subdivision where right-of-way exists no larger than 11x17. (Can be obtained from the County Clerk's Office, Court House) PLEASE NOTE: If there are other property owners that are contiguous to the subject right-of- way, a notarized letter must be attached with the following information: date, their name(s), what property they own, and whether they object to or consent to the right-of-way abandonment. (See attached sample letter) 1J Confirmation of Information Accuracy I hereby certify that the information contained in and/or attached with this petition is correct. The information included in this petition is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 3 ► days and may result in the summary denial of this petition. Ir Signature Printed Name PLEASE COMPLETE THE FOLLOWING FINDINGS REQUIRED FOR GRANTING A VACATION OF RIGHTS -OF -WAYS (Sec. 78-33, page CD78:4 in the LDR's) It is the Petitioner's responsibility to convince the Technical Review Committee, Planning Board/BOA and City Council that approval of the proposed vacation is justified. Specifically, the Petitioner should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: 1. Pr posed vacation is consistent with the Comprehensive �E S 2. Right-of-way to be vacated is not the sole access to any property, and the remaining access is not an easement: 3. Proposed vacationG is in the public interest and provides a'benefit to the City::. J . S 10 f r - LJ 4 t 1 .S A ._ -EC/ %7 NM V4 �"TT ( Ait ;L o Cr. 4. Proposed vacation would not jeopardize the location of any utility. l t vn A% l 71--7-/otJ The City Staff will, in the Staff Report, address the request and evaluate it and the Petitioner's submission in light of the above criteria and offer a recommendation for approval or denial). Prepared by and return to: Joseph E. Altschul, Esq. Trinity Title & Escrow, LLC 1911 N.W. 150th Avenue Suite 204 Pembroke Pines, FL 33028 954-556-4823 File Number: 17-0631 Parcel Identification No. 3-28-37-35-0050-1Jb360-0010 ISpace Above This line For Recording Data] Warranty Deed OR BK 796 PG 1861 SHARON ROBERTSOVer C' fit ( COMPTROLLER OKEECHOBEE COUNTY: FLORIDA RECORDED 10/10/2017 01:01:53 Pli ANT $160.000.00 RECORDING FEES $18.50 DEED DOC $1 120.00 RECORDED BY II Pinan Ns 1861 - 1862; (2 p9s) (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture madOi is 6th" ay of October, 2017 between Sharon Robertson, a single woman whose post office address is 2496 S.WZist Court, Okeecfjabee, FL 34974 of the County of Okeechobee, State of Florida, grantor*, and Delbert Ho and ma Donna V. D; Silva, Ws joint tenants with the right of survivorship, and not as tenants in common whose post office :a ldress is 1804 S.W. •2nd Avenue, Okeechobee, FL 34974 of the County of Okeechobee, State of Florida, grntee*, to; ;.£rte: and:xn oonsidCiin`oftbertum of TEN AND NO/100 DOLLARS (510.00) and other Witnesseth that giii4 good and vali[' ble eonsidefaition& th sad granto n hand pa by said grantee, the receipt whereof is hereby acknowledged, has granted, bargain edaxaci . 1d to :the said. grantee and grOteesiteirs and assigns forever, the following described land, situate, lying and being in' keecholire Comity, Florida, to -14. 1 and 2, Block 36, ORS— TO'SOUT OICECHOIEE, according to the map or plat thereof as recorded *rat Book 1, Page 17, PubI*t Records of Okeechobee County, Florida. Subject to taxes for 2017"- ,d subs q ent yeast; covOnints, cMiitlitinns,. restftgtions, t nneviSs, reservations and limitations of re ord, it any Together with all the tenements, hereditaments and appurtenances To Have and to Hold, the same in fee simple forever;: ereto belonging orni anyw a ap per an ing. And the grantor hereby covenants with said : j~ai<thatthegrantcris'iattifiit]y seizett i'if said lands leeimple; thate:::; grantor has good right and lawful authority to sell �d convty said lank.','dthat tbe. gwantor hereby fully Warrant$ the title to sat land and will defend the same against the lawbil:clainus of all persons ui1iomsoever, and that: aid laid is - encumbrances, except taxes accruing subsequent to Decitabetal, 2016. * "Grantor' and "Grantee" are used for singular or plural, as'conte*t [equ¢rs In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and yearove written. DoubleTimee Signed, sealed and delivered in our presence: •----)U4-00A Witness Name: SO --).CN. rSklek TOart -y esame: (oft ckit.„ State of Florida County of Broward The foregoing instrunient.... personally hoWflQijh p ...4elmowledged before me this 6th day of October, 2017 by Sharon Robertson, who 11 is u.a driver's license as identification. [Notary SeOf Notary Public Printed Name: y Commission Expires: L. PENCE mutSStpN # FF919746 EPIRES 4049.g.t.w.,10. 2019 for.nt-D-63 Warranty Deed (Statutory Form) - Page 2 Doublenmee 2c _5;15 la Parcel ID Number. 3-28-37-35-0450-00360-0310/0490 Grantee ri TM 65-0439465 :0420 F: 1385 Documentary Stamps pall in the amount of s 52,5.00 ciass C Intangible Tax pard in the a.nount ofS -�- 'ir',dron Ro ertscn, Clerk of Oircmt Cour. Okeel:n ot"" 1�f, Flan^ i)ae- I/ -I-4 . J.L. Warranty Deed This Indenture, Made this 9th day of April,19 99 A -D., Between OKEECHOBEE FLORIDA CONGREGATION OF JEHOVAH'S WITNESSES, INC., a corporation existing under the laws of the state of Florida oftheCountyof Okeechobee stateof Florida ,grantor, and FAITH CHRISTIAN CENTER OF OKEECHOBEE, INC., a corporation existing under the laws of the state of Florida whoscaddr uic:1803 5: W3 :d., Avenue, Okeechobee, Florida 34974 of the County of :; 3keeo-kltbee<s:;,��: start of Florida , grantee. Witnesseth xhxt the Gl2 0itoR. for and iii consztteration of the sum of - - - - - - - TO: & 00/100($10.00) DOLLARS, and mime gognd d'avat s xte—consideration tl4:.GRAN OR. in hand paid by GRAN IPE, the receipt whereof is hereby acknowledged, has granted, bar lined and:=old to the said GRi$M,,�. : %'and GRAN Itt S successors and assigns former, the following described land, situate, lying ind being s the County of Okeechobee«=:» ne:::Florida rd wit: Lots `j8��9 and 10, Bloc '36, F RST'ApDITION TO SOUTH OKEEC)3OBEE,accorda ,According tO the pI t` thereof recorded in Plat Book 1, Page 17, OblleCeirds oVOkeecht?bee::County, Florida. Subject to restfictic; is, . r:.e'servations#i and:?easements of record, if any, which are not reikposed hereby, aJd;;.t,axes subsequent to December 31st, 1998 and the giantoi docs bcrcby fully warrant the title to said land, and wilfelef55d the same against lawful claims of all persons s. jOmsoes*: In Witness Whereof, the grantor has hereunto set his hand and sed the day and year rust ab4tt writti Slgned, sealed and dellvercd In our prrsiman OKEECHOBEE FLORIDA CONGREGATIOT W JEHOVAH:'S WITNESSES,; TNC``:_. ,24,19V2ai EVA MAE CONELY wi ea :I s:. TO.010411aTii rf""" .es I1 STATE OF FLORIDA COUNTY OF OKEECHOBEE The rorevnj instrument waa acknowledged before the this HAROLD A. THIBODEAU, President of II JEHOVAH'S WITNESSES, INC., R on behalf el the collocation. He has pruduted nil Florida N This Document Prcpaed By: TOIi W. CONELY, in T novae irge,e sit r L 0 Corr x W. am srnutir rt. 34972 (Scat) HAROLD A. THIB€i> EA%Jr B le6i . P.O. Address 2230 Highway 70 West, Obeerh%batY1.- ti - 17. (Corporate 4edl • 9th day of April, 1999 by OKEECHOBEE FLORIDA CONGREGATION OF .Florida O ponsUxl, driver's lice psea.idemi E VA W>_ CONELY NOTARY 5ap&X 12/12/00 RAMCO *ORM 01 WARRANTY OCCD IralYta. TO IMaaID -This Warranty- Deed mac the Sth Jay ar April A. D. 1985 by ZEBRA B. GOOLSBY (hereinafter called the grantor, to . MARILYN J. FRAZIER 'whose postaffkce address is 1811 S.W. 2nd Avenue. Okeechobee; FL 33472 hereinafter called die grantee: ,(„ a obs, Irrmment end (Wb. telt !rain tbr. rams ^nanhr" and ".range' include aU 1!r plc • Mr lain. fatal aroma/dative, end arise. of indisiduals. and Ow swcr,nn and rd.ns of corporation*) - ltJitnesseth: Thn1 flip grantor. far and in consideration of the -sum of S 10.00 orad *Apr valuable considerations. receipt whereof is hereby arhnoieltanrd. hereby grants. bn i mlris. sells, alferis, re- mises. releases. c-onerys and confirms unto the grantee. all that certain land situate in Okeecltcrbee-` County:Florida, v1:: Lots 3, 4,, 5, and 6, Block 33, FIRST ADDITION TO S011111 OKEECHOBEE, according to the plat thereof recorded in Plat Book I, Page 17, Public Records of Okeechobee County, -Florida. Subject to restrictions, reservations, covenants, and easements of record. • f1 _ "T� TrA 'i'� •tw i'- t_.0.. tR 16 7:1. l >,1)co l;:tokrele .,.:r'tstia? Z5.tX1 cFPT. OF REVENUE ,:!s�']j- T•i._ t _ gra-S'2SV.,:,: itY:: R 1. 11 Q 1 - Oh all i. tenements. i[firdilcthenls and appurtenances thereto belonging or to ony- wise apPctalning.:; To Blaue find tellold, the An. In ata!ver. End . "'t h'' by eoucnantith satil''grantgOltat Iletlrantor is lawfully seized of said land In fan s mp a: :_lo g`.'?.± or : `. d hr frf th ri[jY•tb sarlig}nd convey sold tan grantor hereby billy'ttkvrcn#:::#1 T1 fc lo sake land an 'will dclimil..kbe anal 'pgafnst the lawful claims of all persons Whomsace... Siad /tial sold 1anif^`L free>oT'all cr j3ml uiicE : eseept taxes accruing subsequent the gra!rjiar ore r d• that the I I l lout ilt (KIM t lila gotxdtdpht ori' w }an o• to December 11. 198k_ TILP C4iEE� 195 APR -8- ._z S'1= dMaar* f ead• praie�r�y and yea311`�ye; (It OF In Witness. Where -tf e`sold arnri o first above written. Signe scared and clivered In aur'piinencoc; STATE OF COUNTY OF FLORIDA OKEECHOBEE I HEREBY CERTIFY that an this day, before mr, an officer duly authorized In the State aforesaid and in the' County aforesaid to take aek mwlea!uiir tr, personally appeared ,,..nn,ilu,,,�,ZEBRA B. GOOLSBY •,:,��*L ; 4. �V,ta•ii,c'ip.�.(yi '19 be the prrlon delcrlbed in and who executed the fo aQoing sattrRtelnt and he acknowledged before me that .he z tJeelrikit of teat• • o.e.s•. � WITNESS my hand and offidal seal in the ythe County and p • ' !Atoll. last aforesaid this � .- day al * : L April , A. D. 1985. :•rF`n�.�.• i 1 Zedra B. Goole_b s►a,Y.fittow.sa sfi k riains zest Mo9p®i�u6e3nin'expire&of Flarido at Large 77th. Imlruntan prep:Ira fry: Notary Public. Stale Of Florida At Larne RETUR TO My Commission Expires May 17.1986 latinz 11. Barber. Manager. Okeechobee Abstract Company 302 H. W. 3rd St.. Okeechobee. FL 33472. 81 a neces- Prepared by and return to: Patricia A. Ragon Clear Title & LegaI Services 202 NW 5th Street Okeechobee, FL 34972 863-824-6776 File Number: 3047-17 (Space Above This Linc For Recording Data1 Warranty Deed 111111111111111111111111111111111111!11 FILE MUM 201001228 OR BK 801 PG 1444 SHARON ROBERTSON, CLERK & COMPTROLLER OKEECHOBEE COUNTY, FLORIDA RECORDED 01/31/2018 09:21:18 AM AMT $120,000.00 RECORDING FEES $18.50 DEED DOC $840.00 RECORDED BY F Conner Pas 1444 - 1445; (2 oss) This Warraq'Heed zua?<da::fliisWO day of January, 2018 between Justin T. Dixon, a single man whose post office address is 28j0 Avenue JFort I'9 rce ` `L 34947, grantor, and Cassie N. Holt and John Holt, wife and husband whose post office address is.:1'709 SW 3r4 ;ventie, Okeechobee, 1134974, grantee: *now known Cassie. Nicole' Murphy and Carl Murphy, husband and wife (Whenever u ed herein the terms "grantor' and "gt ntee" iodude all the parties to this instrwncnt and the hens, legal representatives, and assigns of individuals and the suers and assigns ;opcRptahoas, tnisisand trustees) as: WitnessO, tha€said grantor, for and,n conside fititkof t1i sum of TEN AND NO/100 DOLLARS ($10.00) and other good and Valuable ton; lie ms10 sad grantoz in hand p ud by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and scalp to said ,grantee, and grdhtee' heirs and assigns forever, the following described land, situate, lying and andlieingixelteeehobte County, Florida to-NOt Lots 11 and 12., Block , FIRST ADDITIOIVICO EirMOBEE, according to the plat thereof, recorded in Plat] I ook; Page 17, Public Recollds of Ckeechob County, Florida. • Parcel Identification Number- 3-U-37,1 $:0050-00330-011G Subject to; covenants, conditions, restrictions, easempl any. limiittions of record, if Together with all the tenements, hereditaments and appurtet antes t Iereto belonging* in anywise .... ... aprtairimg'; To Have and to Hold, the same m fee simple fore*er. And the grantor hereby covenants with said grantee that t e grantor i"rs 1 t <seiized of said laid in *simple; that grantor has good right and lawful authority to sell andcon , said land; that the grantor hereby fullywarrai s the title fo land and will defend the same agaiast the lawful c1stn9:ff all persons whomsoever, and that said :atd ee,o encumbrances, except taxes accruing subsequent to Decemtier 31, 2017. In Witness Whereof, grantor has hereunto set grantor's hand and seal the 5wd year first.above 1 1111111111111111111111 BK f ` "1450 DATE: 04/17/2018 01:26:14 PH SHARON ROBERTSON CLERK & COMPTROLLER OKEECHO"8EE COUNTY, FLORIDA RECORDING FEES $18.50 RECORDED BY M Pinon Pas 1951 - 1952; (2 pss) DoubleTimeo Signed, sealed and delivered in our presence: State of Florida County of 11/06 , ia 117 The foregoing iTttliiim.x:w. ent:Ayw:ApiplAyiedged before me th• V-- day of January, 2018 by Justin T. Dixon, who personally known or produeed it4Tiver's license as identification. „Or Oulu 4 11,4011041;. [Notar3. ttOT*R Y U a 4110-. Pit i°1 triT "ti()%o-0 Wartroity Deed - Page 2 'Pt./0404 4.e.e,, LI is Notary Public Printed Name: DE,51,3eivi hteLc- MEW:Xf?' DoubleTimee ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We,DELBEk 41L„D9MM V. I-toU)i RJ , (insert name(s) of the owner(s)name, person(s) who is signing the letter of consent) o n the following property: Li2rS 1 _1F ir\ b. Tom*WC ( kg—r- -7-7 ST D ! {' O �i ! r� n ! i' 7-!''/ ( / t [ (insert the legal description of the property) Do hereby consent or agree ith my/our si street described below: & -L nature below -7-- , the cl sin of t e alley and/or (insert the legal description of the street or alley requesting to be closed) (Note: if property is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. if company, the Registered Agent or President/Managers Name and attach Sunbiz.com information) Signature of Property Owner Signature of roperty Owner Printed Name . 14n1/4 iss -)a r.tk(. V- loW AR1) Printed Name STATE OF 1a COUNTY OF The foregoing instrument was acknowledged before me this ate) by Ilk .. /i..L: who is personally known 010 who produced as identification and who di. (did no ) take oath (Seal) (Notary Public signature) Commission Al MA L RASA MY COMMISSION # GG037716 467 EXPIRES October 1 i. loan (Name of Notary ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee OH Ai lam, iU / L caz (insert name(s) of the owner(s) name. person(s) who is signing the letter of consent) xow the following property: 1 lull' v D �81,(9.e `'�� FiRsr 440 (insert the lega description of the property) Do hereby consent or agree, witmy/our signature below, o the losing f h Ile nd/or street described below: •�L= El -, / T 11.14 ', firr. (insert the legal description of the street or alley requesting to be closed) (Note: if property is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. If company, the Registered Agent or President/Managers Name and attach Sunbiz.com information) Signj ure of ' • pe Pr _ y Owner STATE OF FoR COUNTY OF /1'p m� ignature of Property Owner i2�l A- -)Ji _ Printed Name ie The foregoing instrument was acknowledged before me this //1a t I �Q W kou_J1 (date) by 1_ 0-)11/1'. irl� \ \ who is personally known to me or ho produc d Y.ALu,,,C0c; ( c , r E- as identification and who did (didnot) take oat (Seal) (Notary Public signature) Commission No. y,.',,•, ALMA L ROSA '"fir= , • •"c MY COMMISSION # 00037716 '4? �;.� EXPIRES October 11 7n20 (Name of Notary typaiptPd or stamped) 10/4/2018 Detail by Entity Name DIvISIOn OF COPPOPATIONS 'a �• D1'111;1(51', .ri lb.org fr.)I�,) A rr►f� tut r'tp• !(!! diL•' „r i7r r7i; In , :•i 10/4/2018 Detail by Entity Name Title Officer Achaibar, Adrian 4515 Sw Fireside Cir Port Saint Lucie, FL 34953 Title Other Reiter, Georgianna M 446 SW Fairway Lake Port Saint Lucie, FL 34986 Annual Reports Report Year Filed Date 2018 02/06/2018 2018 07/16/2018 2018 07/31/2018 Document Images 09/10/2018 — AMENDED ANNUAL REPORT View image in PDF format 07/31/2018 -- AMENDED ANNUAL REPORT View image in PDF format j 07/16/2018 — AMENDED ANNUAL REPORT View image in PDF format 02/06/2018 -- ANNUAL REPORT View image in PDF format 04/24/2017 — ANNUAL REPORT View image in PDF format 01/22/2016 -- ANNUAL REPORT View image in PDF format 11/12/2015 -- Amendment View image in PDF format 04/07/2015 — ANNUAL REPORT View image in PDF format 02/22/2014 — ANNUAL REPORT View image in PDF format 04/26/2013 -- ANNUAL REPORT View image in PDF format 04/25/2012 — ANNUAL REPORT View image in PDF format 04/12/2011 -- ANNUAL REPORT View image in PDF format 05/03/2010 — ANNUAL REPORT View image in PDF format 04/29/2009 — ANNUAL REPORT View image in PDF format 04/21/2008 — ANNUAL REPORT View image in PDF format 04/26/2007 — ANNUAL REPORT View image in PDF format 04/27/2006 -- ANNUAL REPORT View image in PDF format 04/14/2005 — ANNUAL REPORT View image in PDF format 05/03/2004 -- ANNUAL REPORT View image in PDF format 04/28/2003 — ANNUAL REPORT View image in PDF format 05/01/2002 -- ANNUAL REPORT View image in PDF format 05/03/2001 — ANNUAL REPORT View image in PDF format 02/15/2000 -- ANNUAL REPORT View image in PDF format 01/21/2000 — Name Change View image in PDF format 03/04/1999 -- ANNUAL REPORT View image in PDF format 05/20/1998 — ANNUAL REPORT View image in PDF format 03/17/1997 -- ANNUAL REPORT View image in PDF format 02/26/1996 — ANNUAL REPORT View image in PDF format 04/14/1995 -- ANNUAL REPORT View imane in PDF format http://search.su nbiz.org/Inquiry/CorporationSearch/Search ResultDetail?i nq uirytype=EntityName&directionType=1 nitial&search Na meOrder=FAITHCH R.. 2/3 ALLEY AND/OR STREET CLOSING CONSENT LETTER TO. City of Okeechobee I/We, fro 1 LY I `i" ` 2, ;3 - g.,, fz (insert name(s) of the owner(s) name. person(s) who is signing the letter of consent) o e following _ 6 1 mo ._w __�. E I 14 . LI i .� ry � {Insert the legal description of the prod p y) Do hereby consent or agree, withm��/our si nature beiol. rlo th= closin• of the elle and/or street described below: Y ` l I i T (insert the legal description of the street or alley requesting to be closed) (Note: if property is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. If company, the Registered Agent or President/Managers Name and attach Sunbiz.com information) 1 LL.a- :.t.. 117 rr� er` CC;t F -a ly i Printed Nafrne Signature of Property Owner Printed Name The foregoing instrument was acknowledged before me this CO la- 1 t• (date) by / (\I Tki4 w2___ who is personally known to me or who produced identification and who did (did not) take oath. (Seal) . L, as (Notary Public signature) Commission No. (Name of Notary typed, printed or stamped) .art v P,, Notary PuNdc Stats of Florida T Curtis My Commission FF 246041 Eayriros 07106/2014 ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We, CARL Ps1kc.) C,ASSjE Mk)RP{-�( (insert name(s) of the owner(s) name, person(s) who is signing the letter of consent) own the following property: _CY-15) 1 BBLOCI\ 3-3 ; E( RT T�_ C \ -T) 5r) 01-14 rhEECA-M1 (insert the legal description of the property) Do hereby consent or agree, with my/our signature below, to the closing of the alley and/or street described below: r,F (=,x1-{lT "A /' A i1 CAPD (insert the legal description of the street or alley requesting to be closed) (Note: if property is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. If company, the Registered Agent or President/Managers Name and attach Sunbiz.com information) Signature of Property Owner Sign 0ure of Prop '• rtywner Printed Name STATE OF '' ►�� COUNTY Mukt pky Printed Name The foregoing instrument was acknowledged before me this (((date) by Ote_t_O- & , C Lc.o c2. W C/LiA Y who is personally known to me or who produced as identification and who did (didnot) take oat (Seal) (Notary Public signature) Commiss ALMA L ROSA ' _;-` .*E. MY COMMISSION # GG037710 .4.0 EXPIRES October 11, 2020 (Name of Notary typed, prlrn.`ed or staIITped) ra r. ="'s- ; ,` V c"�, an� ;'s2 yam, �G t.c • rs `��. „mss c'i; e u>. r ,_,g •; y.E, ....+`' ila�,2s Ci. a OF OL'se..:Ef." -5ii.t''Btk€r.'. Pa! i:-#..c•WAY<t <i r:ommENt Pst:t3>N UtitityT Companies At5i thorizatian Farm m -e --`a fa ii3ST:it{Ci KIN& De3t't:=r the p il€tts aim 1 this form, to the killlawitig Utility C:at:tpa. iea ter their uT sarsx No 7.. 3r must he si firm. v.sul Ilu!in! with "r; contact nurrtH:er sail' each: per5an i 17. r cia PO' uT a }g#}t ! 80-467-37211, :r bonus: Nl+ g t R43-467-3708 Pae` Asatorized:,ignature Century 1...tzk :•'3 3Sa42r63 1'�^ :31t 0 LST_M.aG ( Au. lizedbiguater� & sw ims't cabla a7A-2 7- cep_--�= -7 ist>iiiiifi7• !(„'c. .„ziTill `Nlig•y}E a t iov iy+ Tenn' Hayford # 36S-7ta3-84.60 +:°Fitt::iter) vitt re c--, *REQUIRED ONLY' FOR ar. v p 1. Iiaintriit EMU e.ii 7.6J-33.5 1 ?�ctaorizes3 s4gstalura 1s `. •tom. Nome i2,1 it':e 53.*L1&7-3708' 21/41 1•lu:he o. 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Dale OMEC?3OZESi 8 FitIST ADDITION TO CITY Oi, i r ezti ", aK�•rx! ..'''moi ca si3 r r i..., ,, ,...? •q •=�-,,, S_ Z..,-- .. ,• Typed Name & •l Tile Phone Nu. bate OKEECHOBEE UTILITY AUTHORITY 100 SW 5th Avenue Okeechobee, Florida 34974-4221 January 23, 2018 (863) 763-9460 FAX: (863) 467-4335 Re: Abandonment of City Right -of -Way in that portion of SW 18th Street immediately north of Parcel: 3-28-37-35-0050-00360-0010, First Addition to South Okeechobee To Whom it May Concern: The Okeechobee Utility Authority, (OUA) has reviewed the drawings of the above -referenced right-of-way to be considered for abandonment. OUA does have a 6" water line in the right-of-way area adjacent to Block 33 and Block 36, FIRST ADDITION TO SOUTH OKEECHOBEE, Okeechobee. OUA does not object to the abandonment of the portions of the right-of-way section adjacent to Block 33 and Block 36, FIRST ADDITION TO SOUTH OKEECHOBEE as described above; however, the north half (20 feet) of 18th Street must be reserved as an easement. Furthermore, the easement must state that the OUA must be granted 24-hour unrestricted access with the understanding that, should work be required on the water main, the OUA is responsible only for seed/mulch/sod restoration. Please let me know if you need any additional information. Sincerely, _ 1hn19 F. Hayford Executive Director, OUA I° , j voieci7=i JO -2-1.0'..1,C :f.L:V/70.7 J•7‘70.4".9-7•010 4-gigl:214.74-7110 7J1O .4t1/20r ivowood i ; • .., 1 i I ..1%.:4. • ; ..i F I 1 J01'• ,... --2---.6. e ..c...,..,._ I • - (14. , • h. - • I— .---"Iti--- i. , • , , I . 7 - j •.• 1,7•7&..1‘. ---, ----..—: , - 1241. -721..LATICZ" Ez_,_-_.71 ; • • . 1 .:....._..., : ......1 • , 1 ...' 1:.... - ...7— ,---- -7—'1, i • ' . 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Staff Report Right -of -Way Abandonment/Street Closing Prepared for: Applicant: Petition No.: aKue nil - 1375 Jackion Sheet!! 206 Foe Myers, Ft 33901' The City of Okeechobee Delbert & Donna Howard 18 -002 -SC (Unimproved R/W of SW 18th St. between SW 2nd and 3rd Avenues) Staff Report Street Closing Applicant's: Delbert & Donna Howard Petition No. 18 -002 -SC Re • uest The matter before the TRC is an application to abandon the 300 -foot long, 40 -foot wide unimproved right-of-way of SW 18th St. between SW 2nd and SW 3rd Avenues, more particularly described in the legal description of the property. The requested abandonment encompasses 12,600 square feet (0.29 acres). General Information Applicant Site Address Contact Person Contact Phone Number Contact E-mail Address Delbert & Donna Howard 1804 SW 2nd Avenue Okeechobee, FL 34974 The east -west unimproved right-of-way of SW 18th Street between SW 2nd and 3rd Avenues Delbert & Donna Howard 954-416-9674 and 321-662-808 donnavdasilva@yahoo.com Le • al Descri • tion of Sub'ect Pro • ert A 40 -foot road depicted as Eleventh Street (on plat AKA SW 18th Street) Tying between Blocks 33 and 36 on the plat of First Addition to South Okeechobee, according to the plat thereof recorded in Plat Book 1, Page 17, Public Records of Okeechobee County, Florida -- • I - • .erty Existing Proposed Future Land Use Map Classification Single -Family Residential Single -Family Residential Zoning District Use of Property Acreage RSF 1, Residential Single -Family RSF 1, Residential Single -Family Vacant, unimproved street R/W 12,000 sf (0.28 acres) Uses associated w/adjacent properties 12,000 sf (0.28 acres) LaRuc planning 1 Staff Report Street Closing Applicant's: Delbert & Donna Howard Petition No. 18 -002 -SC Description of the Sub'ect Site and Surroundin • Area The subject of the abandonment/vacation, the 40' by 300' vacant, unimproved right-of- way of SW 18th Street outlined in ,ed and the land uses in the vicinity are shown below on the aerial photograph from the Property Appraiser's office. 2 Staff Report Street Closing Applicant's: Delbert & Donna Howard Petition No. 18 -002 -SC The distribution of the proposed abandonment among the four adjoining properties is shown on the graphic below SW 18th St. Murphy 1 709 SW 3rd Av Howard t804 SW 2nd Av (Applicant) SW 2nd Av. SW 18th St The above graphic is slightly different from that submitted by the Applicant, which did not accurately reflect the distribution of the property to be vacated among the four surrounding properties. The above graphic shows that the 3,000 square feet of land will accrue to each of the four properties adjoining the proposed vacation. Consistenc with Sec. 78-33, Vacation of Rights -of -Way Sec. 78.33 states that applications to vacate an alley or public right-of-way may be approved upon a finding by the City Council that the following requirements have been met. The Applicant's responses are provided in Times Roman typeface and are repeated below exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff Comments are in Segoe Prrivt.t. LaRue+ ptanntng 3 Staff Report Street Closing Applicant's: Delbert & Donna Howard Petition No. 18 -002 -SC REQUIREMENT STAFF COMMENTS 1. Proposed vacation is consistent with the Comprehensive Plan. "Yes." There is notAing in t/le City's Comprehensive Plan concerning abandonment/vacation of alleys The fact tAat a// the /ands bordering tAe alley carry tAe same Future Land and Zoning designations situp/ifies tAe situation and improves t/ie cAances tAat any future development will continue to be compatible witti surrounding properties 2. Right-of-way to be vacated is not the sole access to any property, and the remaining access is not an easement. "See documentation." As can be seen in tie preceding aerial pAotograp/k/ a//properties adjoining the proposed vacation Aave access from eit/ er SW ,2nd or SW 3rd Avenues 3. Proposed vacation is in the public interest and provides a benefit to the City. "Closing the road does not affect any citizen by closing of proposed vacation. Also puts road back on the tax roll!" None of tAe east -west rrgAts-ofWay between SW 2nd and SW 3rd Avenues soutA of 1 7t/i Street Aave been improved to facilitate ve%icu/ar traffic except SW 21st Street wAucti provides access to tAe development west of SW stA Avenue. /t stiou/d be noted tAat it appears tAat tAe Faitti CAristian Center Aas a/ready utilized some of tAe R/W for its fenced in outdoor play area. TAe only benefit to tAe City is returning t/le rigtit-of-way to tAe City tax rolls. 4. Proposed vacation would not jeopardize the location of any utility. "See attached documentation." The Applicant Aas submitted Letters of No Objection or utility Company Auttiorizations from FP&L, CenturgLink, Comcast, and OUA. However, 00,4 requires that tAe nortti Aa/f of Zstti Street must be reserved as an easement wit/i OUA granted unrestricted 24 -Aour access; witti OUA being responsible only for restoration of seed/mu/e/+/sod in tAe event work is required on tAe water maim. LaRue planning 4 Staff Report Street Closing Applicant's: Delbert & Donna Howard Petition No. 18 -002 -SC Recommendation Based on the foregoing information and analysis, we believe, from a planning perspec- tive, that the requested alley vacation/abandonment can be considered consistent with the requirements of Sec. 78-33. Submitted by: Wm. F. Brisson, AICP Sr. Planner LaRue Planning October 26, 2018 TRC Meeting: November 15, 2018 PB/BOA Meeting: December 20, 2018 City Council 15t Reading: February 5, 2019 City Council 2nd Reading and Public Hearing: February 19, 2019 LaR. plrini.ng 5