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2019-02-05CITY OF OKEECHOBEE FEBRUARY 5, 2019, REGULAR CITY COUNCIL MEETING 55 SF 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION PAGE 1 OF 12 ` 1q II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II CALL TO ORDER - Mayor February 5, 2019, City Council Regular Meeting, 6:00 P.M. n nnr►nun /►PRP\AA\IIPP II. UPEN iYG GEREIVIUNICJ Invocation given by Jim Shevlin, to be led by Mayor Watford. Church of Our Saviour; Pledge of Allegiance III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Council Member Wes Abney Council Member Monica M. Clark Council Member Bob Jarriel Council Member Bobby Keefe City Attorney John R. Cook City Administrator Marcos Montes De Oca City Clerk Lane Gamiotea Deputy City Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. Mayor Watford called the February 5, 2019, Regular City Council Meeting to order at-6:00 P.M. In the absence of Father Shevlin, the invocation was offered by Pastor Don Hanna of the First United Methodist Church; the Pledge of Allegiance was led by Mayor Watford. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Absent Present Present Present Present Present Mayor Watford asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda, Proclamations and Presentations Item V.C. was deferred to the February 19, 2019, meeting. Mayor Watford opened the floor for public comment on matters not on the agenda. Mrs. Jennifer Tewksbury, ExEcutive Director of the Economic Council of Okeechobee, distributed a letter which was read into the record by Mayor Watford as follows: "Dear Mayor Watford, On behalf of the Economic Council of Okeechobee County, I would like to share my appreciation regarding your recent decision to reincorporate `council member comments' in your regular meeting agendas. This should serve as a useful tool to increase transparency and improve communication among your Council moving forward." FEBRUARY 5, 2019 - REGULAR MEETING - PAGE 2 OF 12 4zo W AGENDA PROCLAMATIONS AND PRESENTATIONS A. Introduce Police Officer Ramon Liberato. B. Intrcduce Police Officer Trenton Moutschka. C. Present a Five -Year Longevity Service Award to Adela Nunez, Police Department. D. Present a Fifteen -Year Longevity Service Award to Belen Reyna, Police Department. E. Swear in Police Officer Todd Burk. Swear in Police Officer Savanna Smith. COUNCIL ACTION - DISCUSSION - VOTE Chief Peterson, accompanied by Major Hagan, introduced Police Officer Ramon Liberato, who is a City resident and was a member of the Police Auxiliary for approximately one year. He graduated from the South Florida State College Police Academy in November 2018, and was hired as a part-time Officer on December 3, 2018. Officer Liberator was accompanied by his mother Olivia Liberato, and friends Kelsey and Cierra Schoonmaker. Police Officer Trenton Moutschka was introduced as a part-time Officer, hired on January 25, 2019. He graduated the Police Academy in December 2018, and is also a lifetime resident and Okeechobee High School graduate. He was accompanied by his mother Rhonda Childers and brother Treyvin. This item was deferred to the February 19, 2019, meeting. On behalf of the City, Mayor Watford and Chief Peterson presented Mr. Belen Reyna with a framed certificate which read, "In recognition of your 15-years of service, hard work, and dedication to the City, its citizens, and your fellow employees from February 9, 2004 to February 9, 2019," and an engraved crystal mantel clock. Sergeant Reyna was accompanied by Ms. Sursha Hayes, and his sons Jordan and Diego Reyna. Chief Peterson administered the Oath of Office to Police Officer Todd Burk; with his right hand raised, he recited the following Oath: "1, Todd Burk, do solemnly swear that 1 will support the Constitution of the United States, the Constitution of the State of Florida, and the ordinances of the City of Okeechobee. That 1 will faithfully perform the duties of Police Officer of the City of Okeechobee, so help me God." He was pinned with his badge by his wife and daughter, Jennifer and Cara. Officer Burk was hired as a part-time Officer on October 11, 2017, and was recently transferred to full-time. Mrs. Smith is a City Auxiliary Certified Officer who was originally hired in 2016 as a part-time Dispatcher, and promoted on July 7, 2018, to full-time. As of January 26, 2019, she is a full-time Non -Certified Police Officer and currently attending the Police Academy at South Florida State College with an anticipated graduation date of June 2019. Chief Peterson administered the Oath of Office; with her right hand raised she recited the following Oath: 1, Savanna Smith, do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and the ordinances of the City of Okeechobee. That I will faithfully perform the duties of Police Officer of the City of Okeechobee, so help me God." She was pinned with her badge by her husband, Dempsey. Her sons Tanner and Shane, daughter Abigail, and parents were also in attendance. Chief Peterson took a moment to provide an update on the statistical data collected from the mobile traffic signs. He provided data for traffic on Southwest 3rd and 7th Avenues, Southwest 15th Street and Southeast 8th Avenue. Chief advised he could provide a detailed report for any Street. The Mayor and Council thanked him for the Department's hard work on deterring speeding. FEBRUARY 5, 2019 - REGULAR MEETING - PAGE 3 OF 12 421 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II VI. MINUTES - City Clerk A. Motion to approve the Summary of Council Action for the January 15, 2019, Regular Meeting. VII. UNFINISHED BUSINESS A. Consider an appointment to serve as City Liaison to the Okeechobee Economic Development Corporation - Mayor. Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor A.1.a) Motion to read proposed Ordinance No. 1177 by title only, amending the Comprehensive Plan Future Land Use Map as submitted by Application No. 18-002-SSA, Big Lake Holding, LLC, reclassifying Lots 7 and 8 of Block 105, OKEECHOBEE, located at 410 Northwest 4th Street, from Single Family Residential to Commercial - City Planning Consultant (Exhibit 1). b) Vote on motion to read proposed Ordinance No. 1177 by title only. c) City Attorney to read proposed Ordinance No. 1177 by title only 2.a) Motion to adopt proposed Ordinance No. 1177 - Planning Board recommends approval. Council Member Abney moved to dispense with the reading and approve the Summary of Council Action for the January 15, 2019, Regular Meeting; seconded by Council Member Jarriel. There was no discussion on this item: VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA .IARRIEL — YEA KEEFE — YEA MOTION CARRIED. At the January 15, 2019, meeting the matter of considering appointing Council Member Abney to the Okeechobee Economic Development Corporation was postponed to gather more information. Council Member Abney explained he had a chance to research the appointment and agrees the Administrator should remain the City's representation to this Board. No action was taken on this item. MAYOR WATFORD OPENED THE PUBLIC HEARING AT 6:28 P.M. Council Member Clark moved to read proposed Ordinance No. 1177 by title only, amending the Comprehensive Plan Future Land Use Map (FLUM) as submitted by Application No. 18-002-SSA, Big Lake Holding, LLC, reclassifying Lots 7 and 8 of Block 105, OKEECHOBEE [Plat Book 5, Page 5, Okeechobee County Public Records], located at 410 Northwest 4th Street, from Single Family Residential (SF) to Commercial; seconded by Council Member Keefe, VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Attorney Cook read proposed .Ordinance No. 1177 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL (APPLICATION NO. 18-002-SSA); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Council Member Clark moved to adopt proposed Ordinance No. 1177; seconded by Council Member Keefe. 422 FEBRUARY 5.2019 - REGULAR MEETING - PAGE 4 OF 12 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE 11 Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED A.2,b) Public comments and discussion, for motion to adopt proposed Ordinz ice No 1177. c) Vote on motion. CLOSE PUBLIC HEARING IX. NEW BUSINESS A.1.a) Motion to read proposed Ordinance No. 1178 by title only, and set February 19, 2019, as a Final Public Hearing date, Abandonment of Right -of -Way Petition No. 18-002-SC, submitted by Delbert and Donna Howard, to close Southwest 18th Street between Southwest 2nd Avenue and Southwest 3rd Avenue - City Attorney (Exhibit 2). Mayor Watford yielded the floor to City Planning Consultant, Mr. Bill Brisson, Senior Planner of LaRue Planning and Management cervices, who explained the Planning Board reviewed Application No. 18-002-SS; on December 20, 2018, and unanimously recommended approval. Planning Staff Report findings are as follows: The application was found to be consistent with the City's Comprehensive Plan. The vast majority of the properties South of Northwest 6th Street between North Parrott Avenue and Northwest 5th Avenue are designated Commercial on the FLUM and zoned Commercial Professional Office (CPO). One of the reasons is proximity of this area to the concentration of County government offices and related services located nearby. The few properties that are designated SF on the FLUM are also zoned CPO. Given the majority of office and service -type uses in the general vicinity, and the limited size of the lots, inappropriate traffic impacts are not anticipated from the conversion of lots in this area to Commercial on the FLUM. The public facilities are adequate with the current use, and should a larger building be constructed in the future, the increased demand will not tax the ability of the Okeechobee Utility Authority (OUA) to provide these services. The subject property is already in urban use and has no significant or unique characteristics regarding environmental sensitivity, wildlife habitat, soil conditions or susceptibility to flooding. The maximum standard density allowable in the SF Future Land Use Category is four units per acre. Maximum development potential is one single-family unit. If the existing building were to be demolished, the practical maximum development potential of the subject parcel would be a two-story office building, if the required parking could be made available. The property is currently zoned CPO and used as a law office. The Applicant intends to continue to use the property for law offices which is a permitted use in the CPO District. Mayor Watford asked whether there were any questions or comments from the public; there were none. WATFORD — YEA JARRIEL — YEA VOTE: ABNEY — YEA IKEEFE — YEA MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:33 P.M. CLARK — YEA MOTION CARRIED. Council Member Clark moved to read proposed Ordinance No. 1178 by title only, and set February 19, 2019, as a Final Public Hearing date, Abandonment of Right -of -Way Petition No. 18-002-SC, submitted by Delbert and Donna Howard, to vacate Southwest 18th Street between Southwest 2nd and 3rd Avenues; seconded by Council Member Keefe. FEBRUARY 5, 2019 - REGULAR MEETING - PAGE 5 of 12 423 AGENDA IX. NEW BUSINESS CONTINUED A.1.1b) Vote on motion to read proposed Ordinance No. 1178 by title only and set Final Public Hearing date. c) City Attorney to read proposed Ordinance No. 1178 by title only 2.a) Motion to approve the first reading of proposed Ordinance No. 1178. b) Public comments and discussion. COUNCIL ACTION - DISCUSSION - VOTE VOTE: WATFORD - YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1178 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING CERTAIN STREETS AND RIGHTS -OF -WAY AS DESCRIBED HEREIN, A PORTION OF SOUTHWEST 18TH STREET BETWEEN SOUTHWEST 2"D AND 3RD AVENUES, FIRST ADDITION TO SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 17 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Council Member Jarriel moved to approve the first reading of proposed Ordinance No. 1178; seconded by Council Member Abney. Senior Planner Brisson explained Mr. and Mrs. Howard own Lots 1 and 2 of Block 36; Faith Christian Center of Okeechobee Inc. owns Lots 7 and 8 of Block 36; Marilyn Frazier owns Lots 5 and 6 of Block 33; and Carl and Cassie Murphy own Lots 11 and 12 of Block 33, FIRST ADDITION TO SOUTH OKEECHOBEE. The Petition was reviewed at the November 15, 2018, Technical Review Committee Meeting, and a recommendation was made for approval with the following special conditions: OUA requires the North half of Southwest 18th Street to be reserved as an easement with unrestricted 24-hour access and with OUA only being responsible for restoration of seed/mulch/sod in the event work is required on the water main. The City Public Works Department requires an access easement for the entire portion of Southwest 18th Street, and a copy is needed of the Agreement between the property owners on the West side of the Right -of -Way closest to Southwest 3rd Avenue. The Planning Board reviewed the Petition on December 20, 2018, and is recommending approval. Planning Staff are recommending approval based on the following responses to the required findings. The abandonment would be consistent with the Comprehensive Plan. It is not the sole means of access to any property. All adjoining or nearby properties have access via Southwest 2nd or 3rd Avenues. Faith Christian Center of Okeechobee Inca has a current Use of Right -of -Way Agreement for the West half of Southwest 18th Street. It will be a benefit to the City to vacate the existing Right -of -Way reducing the land the City is required to maintain and adding the property to the tax roll. The Applicants have submitted letters of no objection from all utility companies, provided the easements are addressed properly. 424 FEBRUARY 5, 2019 - REGULAR MEETING - PAGE 6 OF 12 II AGENDA II COUNCIL ACTION - DISCUSSION -VOTE 11 IX. NEW BUSINESS CONTINUED A.21) Public comments and discussion to approve the first reading of proposed Ordinance No. 1178 continued. c) Vote on motion. B.1.a) Motion to read proposed Ordinance No. 1179 by title only, and set February 19, 2019, as a Final Public Hearing date, amending the Zoning Map as submitted by Petition No. 19-001-R, Southeast Investments, Inc., rezoning Lots 1 through 4 and 7 through 12 of Block 156, OKEECHOBEE, located in the 200 block of West North Park Street - City Planning Consultant (Exhibit 3). b) Vote on motion to read proposed Ordinance No. 1179 by title only and set Final Public Hearing date. c) City Attorney to read proposed Ordinance No. 1179 by title only Council Member Clark confirmed the density of the property cannot be changed without a Comprehensive Plan Amendment. Council Members Clark and Keefe questioned the procedl;res by Staff when reviewing right-of-way abandonment petitions and whether they should be researching not just the block being requested for consideration, but the entire area when a petition is submitted. Clerk Gamiotea explained the procedures as provided by Ordinance. Staff does not look at the prospect of vacating any other right-of-way as the petitions are fee based, paid by the applicants. Some will not allow construction due to utilities as is the situation with this Petition. The 40-foot wide street will be divided with 20-feet to each adjoining owner; the North 20-feet requires an easement. Those property owners will be paying taxes on property that they cannot build on, but is their choice, not a request of the City. It was suggested that the maintenance of unimproved rights -of -way by the City be completed more often, and that the City consider researching what streets and alleys could be abandoned as not necessary for public purposes. Mayor Watford asked whether there were any comments from the public; there were none. Mr. and Mrs. Howard were in attendance. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Council Member Abney moved to read proposed Ordinance No. 1179 by title only and set February 19, 2019, as a Final Public Hearing date, amending the Zoning Map as submitted by Petition No. 19-001-R, Southeast Investments, Inc., rezoning Lots 1 through 4 and 7 through 12 of Block 156, OKEECHOBEE [Plat Books 1 and 5, Pages 10 and 5, Okeechobee County Public Records], located in the 200 block of West North Park Street; seconded by Council Member Clark. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1179 by title only as follows: "AN, ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM CENTRAL BUSINESS DISTRICT TO HEAVY COMMERCIAL ZONING DISTRICT (PETITION NO. 19-001-R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." FEBRUARY 5.2019 - REGULAR MEETING - PAGE 7 OF 12 425 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED B.2.a) Motion to approve the first reading of proposed Ordinance No. 1179. Council Member Jarriel moved to approve the first reading of proposed Ordinance No. 1179; seconded by Council Member Clark. b) Public Comments and Discussion. Planner Brisson reviewed the Planning Staff Report stating the Applicant, Steve Lipofsky, P.E., of Southeast Investments, Inc., on behalf of Property Owners, JMass Management, LLC; David R. Watford; and 205 North Parrot Ave. Holdings, LLC, are requesting to change the zoning from Central Business District (CBD) to Heavy Commercial (CHV) for 1.72+1- acres. The Planning Board reviewed Petition No. 19-001-R on January 17, 2019, and unanimously recommended approval. The Board of Adjustment approved Special Exception Petition No. 19-002-SE on January 17, 2019, for the subject property, pending the adoption of the Rezoning. Planning Staff Report findings are as follows: The proposed Rezoning is consistent with the Comprehensive Plan. The CHV request is a zoning district specifically cited in the Comprehensive Plan as appropriate for a property designated Commercial on the FLUM. The Applicant is proposing a Wawa restaurant, convenience store, and fuel pumps. The proposed use will not have an adverse effect on the public interest. Even though the proposed uses have a higher intensity than the current uses, will generate an increase in vehicle trips, and are likely to have some minimal impacts on the surrounding uses, the location is appropriate. The requested CHV zoning and proposed uses are slightly more intense than the surrounding zoning designations and existing uses, but it is not out of character for the State Road 70 (SR70) West (North West Park Street) commercial corridor. The proposed use will not create a density pattern that would overburden public facilities or create an inappropriate density pattern in the area as the Applicant is not proposing a residential use. The proposed site does not contain any drainage deficiencies and public safety should not be affected by the proposed uses. The proposed use has not been inordinately burdened by any unnecessary restrictions. Mr. Brisson addressed various concerns by Mayor Watford. In regards to the reduction of on -street parking spaces along Northwest 2nd Street, they will be added to Northwest 2nd Avenue. It is unusual to make the majority of a block CHV while the surrounding ones were all CBD, only because of the unique linear shape of the City's central business area. However, CHV is equally compatible due to the property's location on North Park Street/SR70. Florida Department of Transportation confirmed they will not approve a left -turn for vehicles traveling East on North Park Street/SR70 to this property. Instead, vehicles will have to drive past the Wawa, make a left-hand turn at the intersection of North Parrott Avenue/US Highway 441 (Hwy 441), drive North two blocks to the left turn lane onto Northwest 31d Street, and then continue one more block back to Wawa. Vehicles leaving the property to drive east -.bound on North Park Street/SR70 have two options. They would either travel back the way of Parrott Avenue/Hwy 441 via Northwest 2nd or 3rd Avenues, turn right onto Parrott Avenue/Hwy 441, and then make a left-hand turn at the main intersection to head East. The other option is to turn right onto North Park Street/SR70 heading West until such time as they could safely make a U-turn, which would be after West 5th Avenue. Mayor Watford was not in support of the location of this project mainly due to the traffic issues he believed it was going to cause with the popularity and services provided by Wawa; another location could provide better traffic options. 426 FEBRUARY 5, 2019 - REGULAR MEETING - PAGE 8 OF 12 AGENDA IX. NEW BUSINESS CONTINUED B.2.b) Public comments and discussion to approve the first reading of pr )posed Ordinance No. 1179 continued. c) Vote on motion. C.1.a) Motion to read proposed Ordinance No. 1180 by title only, and set February 19, 2019, as a Final Public Hearing date, Abandonment of Right -of -Way Petition No. 19-001-AC, submitted by Southeast Investments, Inc., to close the East to West Alleyway in Block 156, OKEECHOBEE - City Attorney (Exhibit 4). b) Vote on motion to read proposed Ordinance No. 1180 by title only and set Final Public Hearing date, c) City Attorney to read proposed Ordinance No. 1180 by title only 2.a) Motion to approve the first reading of proposed Ordinance No. 1180. COUNCIL ACTION - DISCUSSION - VOTE The traffic study provided by the Applicant, and reviewed by Planning ,Staff's Traffic Engineer, indicated the site was sufficient The Police Department will have to enforce traffic infractions made by drivers. A=. a means to assist with resolving the possible traffic issue, Council Member Keefe suggested directional type signage for Eastbound drivers to make the left-hand turn prior to West 4t" Avenue. Although this is not something the City could provide, the Applicant could research this suggestion. Mayor Watford stated for the record that he attended and spoke at the January 17, 2019. Technical Review Committee for the Site Plan approval on this project. Council Members Abney, Clark, and Keefe noted for the record they attended the January 17, 2019, Planning Board Meeting but did not speak. Mayor Watford asked whether there were any comments from the public; there were none. Representatives of Southeast Investments, Inc. were in attendance. VOTE: WATFORD — NO ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Council Member Clark moved to read proposed Ordinance No. 1180 by title only, and set February 19, 2019, as a Final Public Hearing date, Abandonment of Right -of -Way Petition No. 19-001-AC, submitted by Southeast Investments, Inc., to close the East to West Alleyway in Block 156, OKEECHOBEE [Plat Books 1 and 5, Pages 10 and 5, Okeechobee County Public Records]; seconded by Council Member Abney. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1180 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING CERTAIN ALLEY OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 156, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORiDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY. PROVIDING FOR AN EFFECTIVE DATE." Council Member Jarriel moved to approve the first reading of proposed Ordinance No. 1180; seconded by Council Member Clark. FEBRUARY 5.2019 - REGULAR MEETING - PAGE 9 OF 12 427 AGENDA IX. NEW BUSINESS CONTINUED C.2.b) Public comments and discussion to approve the first reading of proposed Ordinance No. 1180. c) Vote on motion. D. Motion to approve expenditures in the amount of $13,800.00 for additional repairs to the Fire Department ladder truck - Chief Smith (Exhibit 5). COUNCIL ACTION - DISCUSSION - VOTE The Applicant, Steve Lipofsky, P.E., of Southeast Investments, Inc., is requesting to abandon the East to West Alleyway in Block 156. Lots 1 to 4 are owned by 205 N!,i`th Parrott Ave Holdings, LLC; Lots 5 to 10 are owned by JMass Management, LLC; and Lots 11 and 12 are owned by David R. Watford. All property owners are under contract negotiations to sale their lots to Southeast Investments Inc, to develop a Wawa consisting of a restaurant, and convenience store with fuel pumps. On January 17, 2019, the City's Technical Review Committee and Planning Board reviewed the Petition, both providing motions to recommend approval. Planning Staff is recommending approval based on the following responses to the required findings; the Petition is consistent with the Comprehensive Plan, the property is designated Commercial on the FLUM and the proposed Wawa aligns with the land use. The alley is not the sole means of access to the property. The abandonment is in the public interest and provides a benefit to the City as it will provide redevelopment of an underutilized centrally located property within the downtown area to a more economically viable use resulting in an increase in taxable property values. Finally, the abandonment should not jeopardize the location of any utility. There will need to be easements reserved for utilities as specified in the Petition. All easements are addressed on Exhibit B of the proposed Ordinance. Council Member Clark noted there was not a section on the form for the natural gas utility company to provide a signature that they reviewed the petition as there are for the others. City Staff is in the process of amending the form to provide for this. Mayor Watford asked whether there were any comments from the public; there were none. Representatives of Southeast Investments, Inc. were in attendance. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Council Member Abney moved to approve expenditures in the amount of $13,800.00 [to Ten-8 Fire Equipment, Inc. of Bradenton, Florida] for additional repairs to the Fire Department ladder truck; seconded by Council Member Jarriel. Fire Chief Smith provided a memorandum that explained the ladder truck's motor was successfully rebuilt. However, issues were found during the certification of the pump. These issues caused the fire pump to fail the required testing for certification. Five of the 11 ball valves, were noted to be severely pitted. He is recommending the replacement of all 11 valves while the pump is being repaired. The certification is necessary for the City's required Insurance Service Office (ISO) rating. This expenditure falls under a different line item than the ladder truck motor replacement quote approved on August 7, 2018. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. FEBRUARY 5.2019 - REGULAR MEETING - PAGE 10 OF 12 AGENDA IX. NEW BUSINESS CONTINUED E. Motion to approve expenditures in the amount of $13,120.56 for repairs to the Public Works John Deere tractor/Alamo arm mo,,er - Public Works Director Allen (Exhibit 6). F. Motion to dispose of obsolete and surplus equipment that is no longer needed by the City - Public Works Director Allen (Exhibit 7). G. Motion to approve Addendum No. 2 to the contract maintenance with JMC Landscaping Services, In landscape services of Centennial Park - Public Works (Exhibit 8). c for landscape . to include Director Allen H. Consider a Temporary Street Closing Application, submitted by Okeechobee Main Street for the Annual Top of the Lake Art Festival, to close the 300 block of Southwest Park Street between Southwest 3rd Avenue and Southwest 4th Avenue and to close Southwest 3rd Avenue and Southwest 4th Avenue between North and South Park Streets, beginning on Friday, February 8, 2019, at 5:00 P.M. and re -opening on Sunday, February 10, 2019, at 5:00 P.M. - City Attorney (Exhibit 9). COUNCIL ACTION - DISCUSSION - VOTE Council Member Clark moved to approve expenditures in the amount of $13,120.56 [to Everglades Farm Equipment of Okeechobee] for repairs to the Public Works John Deere tractor/Alamo =,,,rm mower; seconded by Council Member Keefe. There was a brief discussion on this item. VOTE: WATFORD - YEA ABNEY - YEA CLARK - YEA .JARRIEL - YEA KEEFE - YEA MOTION CARRIED. Council Member Keefe moved to dispose of obsolete and surplus equipment that is no longer needed by the City; seconded by Council Member Clark. Items to be disposed are as follows: a 2000 Ford F-150 4.36L V8 truck; a Enmet CAS-90R Gas Detector; a Ajax 1-'/4 ton Tire Jack; a Ajax 2-'/2 ton Air Jack; a Hein Werner Transmission Jack; a Peerless Auto Engine Analyzer; a Sun 2W227 Automotive Test kit; a Johnson Outboard Motor; a Bennett 3915 Gas Pump; a Mikasa MVC90A Compactor; a Detroit Diesel 574-30 Generator; a GMC Firetruck Engine 5. VOTE: WATFORD - YEA ABNEY-YEA CLARK - YEA JARRIEL - YEA KEEFE - YEA MOTION CARRIED. Council Member Jarriel moved to approve Addendum No. 2 to the contract for landscape maintenance with JMC Landscaping Services, Inc. [Bid No. PW 01-10-01-161 to include landscape services of Centennial Park [in the amount of $550.00 per month/$6,600.00 annually]; seconded by Council Member Clark. There was a brief discussion on this item. VOTE: WATFORD - YEA ABNEY - YEA CLARK - YEA JARRIEL - YEA KEEFE - YEA MOTION CARRIED. Council Member Abney moved to approve the Temporary Street Closing Application submitted by Okeechobee Main Street for the Annual Top of the Lake Art Festival, to close the 300 block of Southwest Park Street between Southwest 3rd and 4th Avenues and to close Southwest 3rd and 4th Avenues between North and South Park Streets, beginning on Friday, February 8, 2019, at 5:00 P.M. and re -opening on Sunday, February 10, 2019, at 5:00 P.M.; seconded by Council Member Clark. VOTE: WATFORD - YEA ABNEY-YEA CLARK - YEA JARRIEL - YEA KEEFE - YEA MOTION CARRIED. FEBRUARY 5, 2019 - REGULAR MEETING - PAGE 11 OF 12 429 AGENDA X. COUNCIL COMMENTS A. Mayor Watford. B. Council Member Abney. C A Council Member Clark. Council Member Jarriel. COUNCIL ACTION - DISCUSSION - VOTE Mayor Watford had no items to discuss. Council Member Abney asked that the Council stay abreast of the Lake Okeechobee issues. The Army Corps of Engineers will be hosting a meeting regarding the lake level at Indian River State College, Okeechobee Campus, Williamson Conference Center, on February 6, 2019, from 6:00 to 8:00 P.M. The Florida Fish and Wildlife Conservation Commission will be hosting a meeting regarding the spraying of the lake on February 7, 2019, from 5:30 to 8:30 P.M. at the County Civic Center located at 1750 Highway 98 North. Attorney Cook added the Clerk's office will be noticing these meetings to comply with Sunshine Laws, should the Mayor and Council wish to attend. Mayor Watford thanked him for his information, as these are very important matters to the community. Council Member Clark noted the complaints she received over the New Year holiday regarding fireworks being set off for several days before and after the actual holiday. She asked that the Ordinance banning fireworks in the City be enforced. Mayor Watford stated this issue should be deferred to the Administrator and Police Chief to handle and report back to the Council. Council Member Clark extended an invitation to the Rise Up with the Chamber Breakfast on February 12, 2019, from 7:30 to 8:45 A.M. which is being hosted at her business, Glades Air Conditioning (804 North Parrott Avenue), who will also be celebrating their 90th birthday. After clarifying that motions were not to be entertained during this portion of the agenda, Council Member Jarriel requested the City consider holding a "Town Hall" meeting to allow the residents and business owners to voice their concerns to the Mayor and Council. The consensus of the Council was that this matter be submitted for the next agenda since it would require official action. Council Member Jarriel spoke on City beautification and recognized there are no signs located on North Park Street/SR70, welcoming those entering the City. Mayor Watford noted Okeechobee Main Street provided the installation of signs on Parrott Avenue/Hwy 441 and suggested the City reach out to them, and the Chamber of Commerce as a possible Leasdership Class project; Council Member Keefe noted he would convey this to the Chamber and Director Allen would do the same with Main Street. Attorney Cook briefly provied an update on the CVS Code Enforcement Case (No. 17-039, Spirit CV Okeechobee, FL, 106 North Parrott Avenue, $50.00 per day fine imposed on February 13, 2018, by the Code Board, fine started March 19, 2018). CVS has accrued approximately $15,950.00 in fines to date. He and Code Officer Sterling have been working towards a solution to encourage the owners to bring the property in compliance. This matter will be before the City Council soon. 430FEBRUARY 5, 2019 - REGULAR MEETING - PAGE 12 OF 12 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II X. COUNCIL COMMENTS CONTINUED E. Council Member Keefe. XI. ADJOURNMENT - 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. ATTf,ST: Dowling R. Wat d; Jr.,Mayor (5�'n,ar;_l 8.111, tl� ` Lane amiotea, *C, City Clerk Council Member Keefe suggested that City Staff be directed, or the item be placed on the agenda for Council action, to create a type of manual for newly elected officials. He explained that he was provided a City Code Book, (which contains the City Charter and Land Development Regulations), the City's Personnel Policies and Procedures, Drug -Free Work Place Manual, Safety Manual and Worker's Compensation Policy. However, items such as a manual of policies and procedures, codes of conduct and ethics, the City Attorney's recent memorandum on Council Members attending other citizen board meetings would be more prudent for them to have in order to refer to and provide them guidance in their actions. Mayor Watford deferred this task to Clerk Gamiotea to complete. Additionally he conveyed that he discovered the Florida League of Cities provides classes for elected officials (Institute for Elected Municipal Officials), he registered for the one being held in June and encouraged others to do the same who may want to attend. The next item Council Member Keefe expressed interest in was for the City to develop a mission statement and vision statement: The City's existence and service should be clear to the citizens and employees. Our objectives should guide our internal decision -making, and express our goals for improving our City and our citizens' lives. Enthusiastically he stated, "Let's be visionary.! Let's start working toward a greater future for Okeechobee! We need to stop simply surviving and start thriving!' The consensus of the Council was to use the outcome of the potential Town Hall meeting to generate these statements. There being no further discussion, nor items on the agenda, Mayor Watford adjourned the meeting at 7:41 P.M. The next regular scheduled meeting is February 19, 2019. 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 Count,lgrida, at.the attached copy of advertisement being a t/LL �lL thjJ6' « in the matter of [\4u� Y1� in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of i 13okt'C)1q 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 advertisementforpublication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this :501 day of a0 tC( AD Notary Public, State of Florida at Large n. Lake Okeechobee Ike 107 SW 17th Str�S Okeechobee, F a 349_74,;-_, 863-7 ' - 34,�fi`" t.. N l ca' 1.AVA 19 I. MYOFOKEECHOGE PUBLIOCNOTIM aWcouNtntNPE m. wN mrd� a caper rnee m TYas� 4 2M% 6 PK a as won tte�fta as at uy F44 55 SE aid A� I3n 7n0. Ot�d ohee H The pdc 6 fnvled ad mmirraged m A nab be obtatied rran ed9�612 19 a by ahg tte Moe t� 337t ANY PUMN DMDM To APPEAL ay daisbn made by the tay mud wlh a�pe2 h� ay rtet>¢rmstfaed attliS rtreYg wN need ro en- aae a verbatim t®rd cfard�IpMmpwohatlee�d ga6pp I ad the namd hddm Me w�tliUeA swthD�6eksAd Apt ary be vMa�as ! doted by the M& that nae� �eai b th�ntwobuPAN= a pa�tldpete h;M C� pro�dix� mtadtheQVOaI�Oftberot30ai topoor�r 1363-7633i72e:29614 BEADV755IDM#n&t wherd b shmarydniretp�� vtleo aterns bthelbudhapportor , U tDaanryyRenon agffxb6a mpydtM� Wmortem WbeprovtdedmtheCty �.. C7laalkc _ . ANGLE BRWES mycomMMIOMF976149 N: a; DPIRES AptIAN20 po `` BondodTWN*YPLMUtttfWrdm it CITY OF OKEECHOBEE 55 SE 3RDAVENUE + COUNCIL CHAMBERS + OKEECHOBEE, FL 34974 FEBRUARY 5,2019 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA 1. CALL TO ORDER — Mayor: February 5, 2019, City Council Regular Meeting, 6:00 p.m. Don Ont]01 i;rsWnjkc1 II. OPENING CEREMONIES: Invocation given by Jim-Shevlin, Church of Our -Saviour; Pledge of Allegiance led by Mayor Ill. COUNCIL MEMBERS AND'STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Council Member Wes Abney Council Member Monica Clark Council Member Bob Jarriel Council Member Bobby Keefe Administrator Marcos Montes De Oca Attorney John R. Cook Clerk Lane Gamiotea Deputy Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen IV. AGENDA AND PUBLIC COMMENTS — Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. B. Public participation for any issues not on the agenda — Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. PAGE I OF 4 tAP V. PROCLAMATIONS AND PRESENTATIONS — Mayor A. Introduce Police Officer Ramon Liberato. B. Introduce Police Officer Trenton Moutschka. C. Present a Five -Year Longevity Service Award to Adela Nunez, Police Department. D. Present a Fifteen -Year Longevity Service Award to Belen Reyna, Police Department. E. Swear in Police Officer Todd Burk. F. Swear in Police Officer Savanah Smith. VI. MINUTES — City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the January 15, 2019 regular meeting. VII. UNFINISHED BUSINESS A. Consider an appointment to serve as City Liaison to the Okeechobee Economic Development Corporation — Mayor Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION — Mayor A.I.a) Motion to read proposed Ordinance No. 1177 by title only, amending the Comprehensive Plan Future Land Use Map as submitted by Application No. 18-002-SSA, Big Lake Holding, LLC, reclassifying Lots 7 and 8 of Block 105, Okeechobee, located at 410 NW 4th Street, from Single Family Residential to Commercial — City Planning Consultant (Exhibit 1). Csmf) b) Vote on motion to read proposed Ordinance No. 1177 by title only. c) City Attorney to read proposed Ordinance No. 1177 by title only. 2.a) Motion to adopt proposed Ordinance No. 1177 - Planning Board recommends approval. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING February 5, 2019 PAGE 2 OF 4 f" IX. NEW BUSINESS A.I.a) Motion to read proposed Ordinance No. 1178 by title only and set February 19, 2019 as a final public hearing date, Abandonment of Right -of -Way, Petition No. 18-002-SC, submitted by Delbert and Donna Howard, to close SW 18th Street between SW 2nd Avenue and SW 3rd Avenue — City Attorney (Exhibit 2). b) Vote on motion to read proposed Ordinance No. 1178 by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1178 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1178. b) Public comments and discussion. c) Vote on motion. B.I.a) Motion to read proposed Ordinance No. 1179 by title only and set February 19, 2019 as a final Public Hearing date, amending the Zoning Map as submitted by Petition No. 19-001-R, Southeast Investments, Inc., rezoning Lots 1-4 and 7-12 of Block 156, Okeechobee, located in the 200 block of West North Park Street — City Planning Consultant (Exhibit 3). (Wf) b) Vote on motion to read proposed Ordinance No. 1179 by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1179 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1179. b) Public Comments and Discussion. c) Vote on motion. C.I.a) Motion to read proposed Ordinance No. 1180 by title only and set February 19, 2019 as a final Public Hearing date, Abandonment of Right -of -Way Petition No. 19-001 -AC, submitted by Southeast Investments, Inc., to close the East to West Alleyway in Block 156, Okeechobee — City Attorney (Exhibit 4). Cswf) February 5, 2019 PAGE 3 OF 4 e. 4 IX. NEW BUSINESS CONTINUED C.1.b) Vote on motion to read proposed Ordinance No.1180 by title only and set final public heating date. c) City Attorney to read proposed Ordinance No.1180 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No.1180. b) Public Comments and Discussion. c) Vote on motion. D. Motion to approve expenditures in the amount of $13,800.00 for additional repairs to the Fire Department ladder truck — Chief Smith (Exhibit 5). E. Motion to approve expenditures in the amount of $13,120.56 for repairs to the Public Works John Deere tractor/Alamo arm mower— Public Works Director Allen (Exhibit 6). F. Motion to dispose of obsolete and surplus equipment that is no longer needed by the City — Public Works Director Allen (Exhibit 7). G. Motion to approve Addendum No. 2 to the contract for landscape maintenance with JMC Landscaping Services, Inc. to include landscape services of Centennial Park — Public Works Director Allen (Exhibit 8). H. Consider a Temporary Street Closing Application, submitted by Okeechobee Main Street for the Annual Top of the Lake Art Festival, to close the 300 block of SW Park Street between SW 3rd Avenue and SW 4th Avenue and to close SW 3rd Avenue and SW 4th Avenue between North and South Park Streets, beginning on Friday, February 8, 2019 at 5:00 p.m. and re -opening on Sunday, February 10, 2019 at 5:00 p.m. — City Attorney (Exhibit 9). X. COUNCIL COMMENTS — Mayor XI. ADJOURN MEETING — Mayor 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 proceeding, and for such purpose may need to ensure 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 recordings are for the sole purpose of backup for official records of the Clerk. 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 City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Counct in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the City Clerk for the City's records. February 5, 2019 PAGE 4 OF 4 City of Okeechobee, February 5, 2019 Meeting Minutes taken during the meeting by Bobbie Jenkins CALL TO ORDER: Mayor Watford called the Regular City Council Meeting to order on February 5, 2019, at P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. OPENING CEREMONIES: The invocation given by Pastor Don Hanna, First United Methodist Church; the Pledge of Allegiance was led by Mayor Watford. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Present Council Member Wes Abney Present Council Member Monica Clark Present Council Member Bob Jarriel Present Council Member Bobby Keefe Present City Attorney John R. Cook Present City Administrator Marcos MontesDeOca Absent (with consent; Legislative Days in Tallahassee) City Clerk Lane Gamiotea Present Deputy City Clerk Bobbie Jenkins Present Fire Chief Herb Smith Present Police Chief Bob Peterson Present Public Works Director David Allen Present IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. Mayor Watford asked whether there were any requests for the addition, deferral, or withdrawal of items on today's :4agenda . 14tMV►G Adrau�rl 1 '' u TIY�i". � s �` a3' m10 rhtJ t�anl r�da� s °h B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by thE! Mayor. Mayor Watford asked whether there were any comment cards presented for public co ment. J"101hleVu s� �jEcan OIC� Lout; - i UYS addin C6mfto- M �Qr� �� Ill �) woV61, V. PROCLAMATIONS AND PRESENTATIONS — Mayor A. Introduce Police ONcer Ramon Liberato. PTO&of - liklon, ��gj �_ auv r- rad W. �Mp&fed FTC )Wsye if, gskr guffo, 0-ACI po;n B. Introduce Police Officer Trenton Moutschka. l% .0 rod Dec- F16- tra lr�e,) /1- Oft Page 1 of 19 C. Present a Five -Year Longevity Service Award to Adela Nunez, Police Department. On,behalf of the City, Mayor Watford and Chief Peterson presented Ms. Adela Nunez with a Longevity Service Award in the and a framed certificate which read, "In recognition of your 5-years of service, hard work, and dedication to the City, its citizens, and your fellow employees from January 6, 2014 to January 6, 2019." �w D. Present a Fifteen -Year Longevity Service Award to Belen Reyna, Police Department. On behalf of the City, Mayor Watford and Chief Peterson presented Mr. Belen Reyna with a Longevity Service Award and a framed certificate which read, "In recognition of your 15-years of service, hard work, and dedication to the City, its ,- citizens, and your fellow employees from February 9, 2004 to February 9, 2019." �11(1 canf i*, Q a LLoIri1 1C15Wba IV S, V d o rs - Nzlaf, Fho ralfiir, Ws APoe4 9 ra� E. Swear in Police Officer Todd Burk. I, Todd Burk, do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and the ordinances of the City of Okeechobee. That I will faithfully perform the duties of Police Officer of the City of Okeechobee -so help me god. u�� s/f/e- Vallee/ /V � ->rs ��% (� aVed leek J-ennikrr e A 9 F. Swear in Police Officer Savanah Smith. I, Savanna Smith, do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and the ordinances of the City of Okeechobee. That I will faithfully perform the duties of Police Officer of the City of Okeechobee -so help me god. �l r �fs ��✓� SD -� f'Iu-X 1j p D_j�'�', I ayaT'C, ", T Vas Sher- fir,,,, o r rd to f s so { Ott f a Q� a tch � P H*Ofid, In -lapis, TaraA, Nn e,.,4 l au Timm 10 School- '1rark Lafin79 - D5)m (m9a) 1, &lq� VI. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the January 15, 2019 regular meeting. Council Member moved to dispense with the reading and approve the Summary of Council Action for the January 15, 2019, Regular Meeting; seconded by Council Member !' VOTE: WAT FORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA ON ARRIED. Page 2 of 19 VII. UNFINISHED BUSINESS A. , Consider an appointment to serve as City Liaison to the Okeechobee Economic Development Corporation — Mayor Aeaq - eat 17 � &m1fi M14 a #Jk) 1J1d1,Pd41dsd s q� Yk xi /)0 Page 3 of 19 VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION — Mayor Time: ,d •,� A.1,.a) Motion to read proposed Ordinance No. 1177 by title only, amending the Comprehensive Plan Future Land Use Map as submitted by Application No. 18-002-SSA, Big Lake Holding, LLC, reclassifying Lots 7 and 8 of Block 105, Okeechobee, located at 410 NW 4th Street, from Single Family Residential to Commercial — City Planning Consultant (Exhibit 1). Council Member ! , _ moved to read proposed Ordinance No. 1177 by title only, amending the Comprehensive Plan Future Land Use Map as submitted by Application No. 18-002-SSA, Big Lake Holding, LLC, reclassifying Lots 7 and 8 of Block 105, Okeechobee, located at 410 Northwest 4th Street, from Single Family Residential to Commercial; seconded by Council Member b) Vote on motion to read proposed Ordinance No. 1177 by title only. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YFe _ JARRIEL — YEA KEEFE — YEA / �1V&ION CARRIED. c) City Attorney to read proposed Ordinance No. 1177 by title only. Attorney Cook read proposed Ordinance No. 1177 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL (APPLICATION NO. 18-002-SSA); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to adopt proposed Ordinance No. 1177 - Planning Board recommends approval. Council Member .'y t moved to adopt proposed Ordinance No. 1177; seconded by Council Member b) Public comments and discussion. Mayor Watford yielded the floor to City Planning Consultant, Mr. Bill Brisson, Senior Planner of LaRue Planning and Management Services, who explained the Planning Board reviewed Application No. 18-.002-SSA on December 20, 2018, and found it to be consistent with the Comprehensive Plan based on the findings within the Planning Staff Report and unanimously recommended approval. Planning Staff's findings are as follows: The application was found to be consistent with the City's Comprehensive Plan, specifically Policy 2.2 and Objective 12 of the Future Land Use Element. The vast majority of the properties South of Northwest 6th Street between North Parrott Avenue and Northwest 5th Avenue are designated Commercial on the Future Land Use Map (FLUM) and Zoned Commercial Professional Office (CPO). The proximity of this area to the concentration of County and related offices and services located nearby. The few properties that are designated Single -Family Residential on the FLUM are zoned CPO. Given the majority of office and service -type uses in the general vicinity, and the limited size of the lots, one could not reasonably anticipate inappropriate traffic impacts to result from the conversion of lots in this area from Single -Family Residential to Commercial on the FLUM. This is particularly true in this particular situation because the property is already being used as a law office. Regarding adequacy of public facilities, the estimated demand for potable water and wastewater treatment that would be associated with the current use will not increase as a result of the requested change in Future Land Use designation. In the event, a larger building were to be constructed in the future, even doubling the demand would not tax the ability of OUA to provide potable water and wastewater treatment to the property. The subject property is already in urban use and has no significant or unique characteristics regarding environmental sensitivity, wildlife habitat, soil conditions or susceptibility to flooding. Changing the Future Land Use designation as requested will have no adverse effects upon the environment. The maximum standard density allowable in the Single -Family Residential Future Land Use Category is four units per acre. Maximum development potential is one single-family unit. If the existing building were to be demolished, the practical maximum development potential of the subject parcel would be a two-story Page 4 of 19 i 6 . office building, if the required parking could be made available. The property is currently zoned Commercial Professional Office (CPO) and used as a law office. The Applicant intends to continue to use the property for law offices which is a permitted use in the CPO District. LOTS 7 AND 8 BLOCK 105, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA VPCekyd- (tks- (6 �tv oro1w C) Vote on motion. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA <1OOTION RR EIA D /� CLOSE PUBLIC HEARING mime: l0 3 Page 5 of 19 IX. NEW BUSINESS A.11.a) Motion to read proposed Ordinance No. 1178 by title only and set February 19, 2019 as a final public hearing date, Abandonment of Right -of -Way, Petition No. 18-002-SC, submitted by Delbert and Donna Howard, to close SW 18th Street between SW 2nd Avenue and SW 3rd Avenue — City Attorney (Exhibit 2). Council Member , moved to read proposed Ordinance No. 1178 by title only and set February 19, 2019 as a final public hearing date, Abandonment of Right -of -Way, Petition No. 18-002-SC, submitted by Delbert and Donna Howard, to close SW 18th Street between SW 2nd Avenue and SW 3rd Avenue; seconded by Council Member ._ b) Vote on motion to read proposed Ordinance No. 1178 by title only and set final public hearing date. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1178 by title only. Attorney Cook read proposed Ordinance No. 1178 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING CERTAIN STREETS AND RIGHTS -OF -WAY AS DESCRIBED HEREIN, A PORTION OF SOUTHWEST 18TH STREET BETWEEN SOUTHWEST 2ND AND 3Ro AVENUES, FIRST ADDITION TO SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 17 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to approve the first reading of proposed Ordinance No. 1178. Motion and second by Council Members M and `" to approve the first reading of proposed Ordinance No. 1178. b) Public comments and discussion. The Applicants are requesting to abandon the unimproved right-of-way. They own Lots 1 and 2 of Block 36 and Faith Christian Center of Okeechobee Inc. owns Lots 7 and 8 of Block 36. Marilyn Frazier Revocable Trust owns Lots 5 and 6 of Block 33 and Carl and Cassie Murphy own Lots 11 and 12 of Block 33. All the adjoining property owners have no objection to vacating the Right -of -Way. The Petition was reviewed at the November 15, 2018, Technical Review Committee Meeting, a recommendation was made for approval with the following special conditions: Okeechobee Utility Authority (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; the City of Okeechobee Public Works Department requires an access easement for the entire portion of Southwest 18th Street and a copy is needed of the agreement between the property owners on the West side of the Right -of -Way closest to Southwest 3rd Avenue. Planning Staff is recommending approval based on the following responses to the required findings. The property is designated Single -Family Residential on the Future Land Use Map (FLUM) and Residential Single Family One on the Zoning Map. It is not the sole means of access to any property. All adjoining or nearby properties have access via Southwest 2nd or 3rd Avenues. None of the East-West Right -of -Way between Southwest: 2nd and 3rd Avenues South of 17th Street has been improved for vehicular traffic except for Southwest 21s' Street which provides access to the development West of 5th Avenue. It should be noted it appears Faith Christian Center of Okeechobee Inc. 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 all utility companies. However, OUA requires the North half of 18th Street be Page 6 of 19 'low reserved as an easement with OUA being granted unrestricted 24-hour access; with OUA being responsible only for restoration of seed/mulch/sod in the event work is required on the water main. me -cap acc G'iQr► e dQrrscf ,� a mes remnln f �o�p�Iafi Ct wdflwf r � a str 9 eel � f ��hr�ucs yV Vql on & iaV— hem 3 ems. Conwfi - fab alleP /99- lnska CC- normoll boYle Me bloga-la hMe,,), lz eFMjs y9 b y cord tq n-a. /l�dsler Ir� la1" 0 8T- QQ'dcfie2hv a/2p Grave/ryvrm DPI fi4ff l#akd. �li�- Du'i�zhq /Q� sdwid�d ? �i3-Na donna f DPlbQruuard in a#Mda.nce__- AJ6 001,C cammerrts. aK- what Kqs us as 4MY,1112, cf�i aaraw� �C- proper{� Otu rs i�ius�C}omp� .No'of AM Ag/v �s YQs��ved � C�tzl t�j,ea�erc� yh)ltuuarkia�c sf -re9uLrer�- lac- mauz�i��a o.n roads oaf osna.b6.#701 awa. DW� SpQalurt� �v �Ct�j � ryq,�,�2��ch 1,�1�m`r�a' �4aJ c) Vote on motion. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA �TION CARRIED. Page 7 of 19 B.1.a) Motion to read proposed Ordinance No. 1179 by title only and set February 19, 2019 as a final Public Hearing date, amending the Zoning Map as submitted by Petition No. 19-001-R, Southeast Investments, Inc., rezoning Lots 1-4 and 7-12 of Block 156, Okeechobee, located in the 200 block of West North Park Street — City Planning Consultant (Exhibit 3). Council Member moved to read proposed Ordinance No. 1179 by title only and set February 19, 2019 as a final Public Hearing date, amending the Zoning Map as submitted by Petition No. 19-001-R, Southeast Investments, Inc., rezoning Lots 4 and 7-12 of Block 156, Okeechobee, located in the 200 block of West North Park Street; seconded by Council Member b) Vote on motion to read proposed Ordinance No. 1179 by title only and set final public hearing date. VOTE: WATFORD — YEA ABNEY — YEA CL RK--) E — YEA KEEFE— YEA 4ETA- JARRIELN CARRIED. c) City Attorney to read proposed Ordinance No. 1179 by title only. Attorney Cook read proposed Ordinance No. 1179 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM CENTRAL BUSINESS DISTRICT TO HEAVY COMMERCIAL ZONING DISTRICT (PETITION AIO. 19-001-R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to approve the first reading of proposed Ordinance No. 1179. Motion and second by Council Members M andfticlto approve the first reading of proposed Ordinance No. 1179. b) Public Comments and Discussion. Planner Brisson reviewed the Planning Staff Report stating the applicant, Steve Lipofsky, P.E., Southeast Investments, Inc., on behalf of Property Owners, JMass Management, LLC; David R. Watford; and 205 North Parrot Ave. Holdings, LLC is requesting to change the zoning to CHV from CBD for a 1.72 acre piece of properly. He finds the application to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. He is recommending approval. Planning Staff's findings are as follows: The proposed rezoning is consistent with the Comprehensive Plan. The request involves a zoning change to CHV, which is a zoning district specifically cited in the Comprehensive Plan as appropriate for a property designated Commercial on the FLUM. The applicant is proposing several uses for the site. Both the restaurant and convenience store are specifically listed as permitted es however; a convenience store with fuel pumps is listed as a special exception use in this district. The Applicant 14Ag for a Special Exception to be reviewed concurrently with this Zoning request. The proposed use will not have an adverse effect on the public interest. Even though the proposed uses are higher intensity than the current uses, will generate an increase in vehicle trips, and are likely to have some minimal impacts on the surrounding uses, the location is appropriate within the City. The requested CHV Zoning and proposed uses are slightly more intense than the surrounding zoning designations and existing uses, though the proposed use is not out of character for the State Road 70 (North West Park Street) commercial corridor. There are no residential uses in the surrounding area. The property to the immediate North of the subject property is designated Commercial on the FLUM and zoned Commercial Professional Office with the use being that of a church. The property to the East is designated Commercial on the FLUM and zoned CBD with the use being that of a Walgreens Store. The property to the South is designated Public Facilities on the FLUM and zoned Public Facilities with the use being that of a City Park. The property to the West is designated Commercial on the FLUM and zoned CBD with the use being that of an auto parts store. Since there is no surrounding residential, the proposed use should not be expected to adversely affect living conditions on adjacent or nearby properties. It is difficult to predict the effects on property values. However, the proposed site and landscape plans are nearly complete in compliance with City codes and the use should not deter the improvement or development of Page 8 of 19 adjacent property. The applicant is providing landscape buffering in accordance with the City's requirements with the exception of the west side of the building and loading zone. This deficiency was outlined in the site plan review and a recommended condition of the approval was a two -foot landscape strip to be added between the two. The proposed use will not create a density pattern that would overburden public facilities or create an inappropriate density pattern in the area as the applicant is not proposing a residential use. The proposed site does not contain any drainage deficiencies and public safety should not be affected by the proposed uses. However, the proposed uses will ge,ierate an increase of vehicle trips at the site and it is recommended that the Applicant should quantify the existing queue on Northwest 2nd Avenue to ensure that there is no back-up onto Northwest Park Street as vehicles attempt to turn into the proposed Wawa. The proposed use has not been inordinately burdened by any unnecessary restrictions. OVJ—surrounding Rxeus CI D along Pcu1c St.-}aKln94Va Sp(A?ry�pl(Inq �� 01Y�ar �6Di5 UUSu�- khte CDfuus naoh9hwq� lwaly eonQcf on q stake Road �a��M�YaJabn TRH s��@Sf a<<ou�. ma,� a u-rurn �' maM by - should ao uf�- 0 a 01 0cKs f D�1- Now -u fie+ dJaeK To�+4� 1 or V . and sfi�e�- It)5`�A-UL or f�f�- remove parking on replaced on OW MT. rliw4 �cs rqOYnk-S IbK- IaO +uvn - s��ts PU+ U.P �Sr p(P-trqf pro morns; &qs kct�- NXT lvlkvwhum is no (off hod burn. POT Juan li lit �v 96 to �aY�n.e tn. pQ�� shou�d, 02� laws ��re�hbn ? No oss�h�l� fo cw� siqns I�trn ou Knvw !M¢ �ea,k YYIC- v c) Vote on motion. VOTE: WATFORD '_' ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA 11ON� CA D. Page 9 of 19 C.1.a) Motion to read proposed Ordinance No. 1180 by title only and set February 19, 2019 as a final Public Hearing date, Abandonment of Right -of -Way Petition No. 19-001-AC, submitted by Southeast Investments, Inc., to close the East to West Alleyway in Block 156, Okeechobee — City Attorney (Exhibit 4). Council Member 11moved to read proposed Ordinance No. 1180 by title only and set February 19, 2019 as a final Public Hearing date, Abandonment of Right -of -Way Petition No. 19-001-AC, submitted by utheast Investments, Inc., to close the East to West Alleyway in Block 156, Okeechobee; seconded by Council Member b) Vote on motion to read proposed Ordinance No. 1180 by title only and set final public hearing date. VOTE: WATFORD —)%k IV6 7 ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA 19!?!� c) City Attorney to read proposed Ordinance No. 1180 by title only. Attorney Cook read proposed Ordinance No. 1180 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING CERTAIN ALLEY OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 156, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to approve the first reading of proposed Ordinance No. 1180. Motion and second by Council Members'�Uand W-4o approve the first reading of proposed Ordinance No. 1180. b) Public Comments and Discussion. The Applicant, Steve Lipofsky, P.E., Southeast Investments, Inc., on behalf of Property Owners, JMass Management, LLC; David R. Watford; and 205 North Parrot Ave. Holdings, LLC, are requesting to abandon the alleyway. Lots 1 to 4 of Block 156 are owned by 205 North Parrott Ave Holdings, LLC, Lots 5 to 10 are owned by JMass Management, LLC, and Lots 11 and 12 are owned by David R. Watford. All the adjoining property owners have no objection to vacating the Alleyway and are currently in negotiations to sell Lots 1 to 4 and 7 to 12. The Petition was reviewed this morning at the January 17, 2019, Technical Review Committee Meeting, and a recommendation was made for approval. There will need to be easements for the Okeechobee Utility Authority (OUA), Florida Power and Light (FPL), and Comcast cable, as they all have utilities located in the alleyway. Planning Staff is recommending approval based on the following responses to the required findings. The property is designated Commercial on the Future Land Use Map (FLUM) and Commercial Business District on the Zoning Map. It is not the sole means of access to any property. The two adjoining properties to the North are provided access via either Northwest 3rd Avenue or Northwest 2nd Street. It will be a benefit to the City to vacate the existing alleyway 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 all utility companies. However, easements will be needed for some of the utility companies. (CenturyLink which has no facilities within the alley; Comcast which has reached agreement with Wawa with the stipulation that Wawa will reimburse Comcast for costs associated with relocating existing facilities; FPL, which has stated that they cannot sign - off until FPL has an easement in hand for utilities in the alleyway; and OUA has no objection provided the property owner relocates the existing water and sewer lines at Wawa's expense and provides corresponding 15' wastewater and 10' water easements are provided to OUA.) Page 10 of 19 U.b) Public Comments and Discussion continued. mC- �1l�Q.s Munj rby,v ? runiny down -70 eG m2n+-� 11cd 0n fo ►nMjdZ f to msemMI-- pllic aftX",Is — non-e-,", c) Vote on motion. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEATION CARRIED. Page 11 of 19 :17 D. Motion to approve expenditures in the amount of S13,800.00 for additional repairs to the Fire Department ladder truck — Chief Smith (Exhibit 5). Council Member Omoved to approve expenditure i> the amount of $13,800.00 for additional repairs to the Fire Department ladder truck; seconded by Council Member ^. Fire Chief Smith explained the completion of the motor rebuild for the ladder truck is near completion but due to the necessary pump testing (required annually by ISO for fire pumps), the pump was found to have major valve leaks causing the test to fail due to its inability to hold the required "vacuum" during drafting. o 5 ib fakwo Valve V& Vanes - 5 e fq lacy aU I I h& af Owl, A AM mo) ? 3 5 qmfs oic (,�I�IS c0 11 ►� uiffLuakf9 bmir oat of re airs hr� hem budq4d. 9 P VOTE: WATFORD-YEA ABNEY-YEA CRK-YEA- JARRIEL - YEA KEEFE - YEA �M�oION CARRIED. E. Motion to approve expenditures in the amount of $13,120.56 for repairs to the Public Works John Deere tractor/Alamo arm mower — Public Works Director Allen (Exhibit 6). Council Member W moved to approve expenditures in the a ount of $13,120.56 for repairs to the Public Works John Deere tractor/Alamo arm mower; seconded by Council Member The repair will include the replacement of an axel half on the tractor and replacement of the mounting portion of the arm tractor assembly. The mount for the arm assembly has failed and the equipment is unusable without the repair. The arm tractor is an essential piece of equipment for maintenance of the drainage ditches in the City. Requesting sole source purchase for the repair as Everglades Farm Equipment is the only local authorized Alamo repair facility and the parts for the arm mower repair are only available to an authorized repair facility. karma Q� r aid far. No affidm t or ins f idQn�, �d Qs ca u �e. Mm Fame abed My � r�K�- m - `4611 g - rus kPlos VOTE: WATFORD - YEA ABNEY - YEA CLARK - YEA JARRIEL - YEA KEEFE - YEA :ION -GAR Page 12 of 19 F. Motion to dispose of obsolete and surplus equipment that is no longer needed by the City — Public Works Director Allen (Exhibit 7). Council Member k moved to dispose of obsolete and surplus equipment that is no longer needed by the City; seconded by Council Member "W Items to be disposed on govdeals.com: 2000 Ford F-150 4.36L V8; Enmet Gas Detector; Ajax 1-'/4 ton Tire Jack; Ajax 2-'/z ton Air Jack; Hein Werner Transmission Jack; Peerless Auto Engine Analyzer; Sun Automotive Test kit; Johnson Outboard Motor; Bennett Gas Pump; Mikasa Compactor; Detroit Diesel Generator; GMC Firetruck Engine 5. u��old irucK tuar�h k�,pin9 4s spare? No lbsi--f�v h.��_ VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. G. Motion to approve Addendum No. 2 to the contract for landscape maintenance with JMC Landscaping Services, Inc. to include landscape services of Centennial Park — Public Works Director Allen (Exhibit 8). Council Member LA moved to approve Addendum No. 2 to the contract for landscape maintenance with JMC Landscaping Services, Inc. to include landscape services of Centennial Park; seconded by Council Member. PW 01-10-01-16; Addition of Centennial Park will cost an additional $550.00 per month/$6,600.00 annually. Issues wah �Afs w W ? DA-qes Wsf- (�J- Woonod bua.�i�out e�, I,�II �GuS ���Ccfpa�ec� r l�.u`'✓► Ivl �i� of sca�ac aP �as, IPa.� `fat ill of Gus �s Tr IN- Ins-hal bid was $oo hilh. Mwq 6pd fiquv Qom. VOTE: WATFORD — YEA ABNEY — YEA C — JARRIEL — YEA KEEFE — YEA MOTION CARRIED. e Page 13 of 19 H. Consider a Temporary Street Closing Application, submitted by Okeechobee Main Street for the Annual Top of the Lake Art Festival, to close the 300 block of SW Park Street between SW 3,d Avenue and SW 4th Avenue and to close SW 3rd Avenue and SW 4th Avenue between North and South Park Streets, beginning on Friday, February 8, 2019 at 5:00 p.m. and re -opening on Sunday, February 10, 2019 at 5:00 p.m. — City Attorney (Exhibit 9). Council Member moved to approve the Temporary Street Closing Application, submitted by Okeechobee Main Street for the Annual Top of the Lake Art Festival, to close the 300 block of SW Park Street between SW 31d Avenue and SW 4th Avenue and to close SW 3,d Avenue and SW 4th Avenue between North and South Park Streets, beginning on Friday, Cary 8, 2019 at 5:00 p.m. and re -opening on Sunday, February 10, 2019 at 5:00 p.m.; seconded by Council Member VOTE: WATFORD — YEA ABNEY — YEA PLAR JARRIEL — YEA KEEFE — YEA QTION CARRIED. X. COUNCIL COMMENTS — Mayor A. Council Member Abney I1o F qV ld& - s� y Oc�r�a51� OP BSI17tMO 1dW- gP7 kmpaan� � P FWc Nut &4a @ '�! 3o U o ��- K mlod Nh�cc-' Page 14 of 19 X. COUNCIL COMMENTS CONTINUED B.. Council Member Clark �1 n .�vo l� ba h 66 A klad ID M,��orr& zu-, (JW� �Y�wavKs 19sW Yikwid i� WOO ib lrvsH9a,k. proem ud fan I pqb No abv i�31 11, dad bag OuS(cl Page 16 of 19 X. COUNCIL COMMENTS CONTINUED C., Council Member Jarriel - T wrl ?'U� Sw��sf Haue � puY�ar� liv �'da ly0b$- ieachauJiu AIM. IUtiy��be, gad W�-. �- 1�1 hcGuh inq_hi� siyai [Jh -� 9j hJU �qff s din Hu-�o �C� �`� lalte Safurda�-ivwndepros�ed econarnAcn�� CYa�sYw� I� IF�� atfvachi� �7. h� f� nzPds b mru�f out �w bw�u�js �W Su��si IIM�n She�� ial'� P�ar�e of �r��s Jc 44ap w N s i pDv+ Df �ivus. M w N Ova Page 17 of 19 r 'COUNCIL COUNCIL COMMENTS CONTINUED D., Council Member Keefe aad bwa-- ofak Q fttop i&c rAPA01, Jon owv_ puoj,s �, pvoadwS speck t oa 6*.,r qp-kra hvp uJ/ s�arf hba� ahs,t4,f drhrs s"Ib �qztld� DW-Fi f�ayw eF Gnus Has flew e(arkda/���al�✓runu�� �K= dw�e��p msslr� s�ern��- E visim� s�e� vM ie--- mc- ��un ha�� ink I�car/�ara� Page 18 of 19 X. COUNCIL COMMENTS CONTINUED E.. Mayor Watford XI. ADJOURNMENT -Mayor dadjourned There being no further items on the agenda, MayorW the meeting at,, Ill P.M. Page 19 of 19 F `4y.OF•�K��� 0 m CI. ; �,F OKEECHOBEE COUNCIL MEETING CGI111IIENT CARD PLEASE PRINT Name: TL v l Address: Organization you represent: i �Cvfi("(/ V, NO CARD IS REQUIRED FOR AGENDA ITEMS Subject: Date Signature ECO Economic Council of Okeechobee The Honorable Dowling Watford City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Florida 34974 RE: Council member comments on regular meeting agendas Dear Mayor Watford: �ub��� Comm�er�-s Fe{� 5, 2.019 Economic Council of Okeechobee 1679 NW 9t' Street Okeechobee, Florida 34972 (863) 467-0200 On behalf of the Economic Council of Okeechobee County, I would like to share my appreciation regarding your recent decision to reincorporate `council member comments' in your regular meeting agendas. This should serve as a useful tool to increase transparency and improve communication among your Council moving forward. pectfully, e fifer . ewksbury xecutive Director Economic Council of Okeechobee County, Inc. CC: Council Member Wes Abney Council Member Monica Clark Council Member Bob Jarriel Council Member Bobby Keefe City Administrator Marcos Montes De Oca Ala+►ram %I IdN\ li /ill i i��•Q`e�/aW lu r�iiir•,: i i��•:�:7f``�•• /riw p '',• 1 j .•.10`� 1nn •.un�l�Ji ��:'''�� ��..•♦��U�SIIIIl.111���/Ii ��1, C� iI%`�` S`�! ��IIIII II/I��II ��i: `1 /� ��•� N4jNIIL I/If1�•/ �•i� `! ti 't`: -.S �` iunri�'Y� �.;��` �' ,;� �?:�`uutnii•.1� .; , �� '� ,.�•♦�` _�`uun�i.':'_� r;'.: \`. . III A 10 I a ATTEST:_L�2" = _Lan \V iili! :��I�.�;.��',�ii �rivriiii�►'a�I�;.��i 1�:%:a�i��uii �iili�i►'�`��:.`fi f, •w Ir. In/ a` ::, I,1 1�.� •' °i tau mrI a�� 1 �I 1�;�1,�i �• ��uiiiili/►�i�`�1rs�: �� f w f \,o ,�,,. �. �, �►�►. u u mil. .. � r r is . s r i i �_•:: �—:—.�if:7 �\ i 4-_ I 4 O/V4 G P rz� m- m O �J ^7Y City®O�ceech®fee 1915 Office of the City Clerk January 25, 2019 .. ; Mr. Belen Reyna 1395 Northwest 106th Street Okeechobee, Florida 34972 Dear Mr. Reyna: Fifteen years may seem like a long time, but I would be willing to bet you've enjoyed every minute as a "City Family" member. At this milestone the Mayor and Council would like to take time during the February 5, 2019, meeting to recognize your contributions to the City. A presentation is being scheduled at the very start of the meeting, which begins at 6:00 p.m., to extend to you a longevity service certificate and award. In addition, I would also like to point out another change to your benefits by reaching this milestone. Beginning in February, your annual leave accrual will increase to 13.3 hours per month. Just one of the many ways the City says "thank you" for being so dedicated. It is an honor for me to have this opportunity along with the Mayor and Council to offer a most sincere, "Congratulations, you did it!" May there be many more years to come. Should a scheduling conflict arise, please call my office, 763-3372 ext. 9814. We will be sure and give you a reminder call the day of the meeting. Feel free to invite family members and friends so they, too, may share in this occasion. Sincerely, �A 6 - Lane Gamiote , CIVIC City Clerk/Personnel Administrator LG/bj E-copy: Police Chief Peterson 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 Exhibit 1 ORDINANCE NO. 1177 Feb 5, 2019 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL (APPLICATION NO. 18-002-SSA); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statutes provides for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed a certain Application (No. 18-002-SSA), submitted by Ms. Brandie Tindall, registered agent of Big Lake Holdings, LLC, as property owner, for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan. The Application was reviewed by the City's Planning Board, acting as the Local Planning Agency, at a duly advertised Public Hearing held on December 20, 2018, which determined such Application to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendation of the Planning Board that the proposed Application complies with the requirements of Florida Statutes 163, Part II, and that the proposed Application is consistent with the Comprehensive Plan and appropriate to the future land uses within the City. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to Florida Statutes 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2: AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3: REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately 0.321 acre is hereby re- designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 18-002-SSA, from Single Family Residential to Commercial. The Legal Description of Subject Property is as follows: LOTS 7 AND 8 BLOCK 105, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Ordinance No. 1177 Page 1 of 2 SECTION 4: INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended June 17, 2014", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: 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 7: EFFECTIVE DATE. The effective date of this plan amendment shall be thirty-one (31) days after the adoption of this Ordinance, if not timely challenged. If timely challenged, this amendment shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. INTRODUCED AND ADOPTED at First Reading and Final Public Hearing on this 5th day of February, 2018, pursuant to Florida Statute 163.3187(2). ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor Ordinance No. 1177 Page 2 of 2 City of Okeechobee Date: Nwea -rS Qi e Petition No. f CQ ssif General Services Department Fee Paid: .00 -Mo. 1 55 S.E. 3'a Avenue, Room 101 5, a 375 Jurisdiction: '1'(-� 4- C 'C— Okeechobee, Florida 39974-2903 1 Hearin �Q Oli; 2 Hearin �(p , Q' Phone: (863) 763-3372, ext. 218 Publication Dates: Fax: 863) 763-1686 Notices Mailed: 114 TO BE COMPLETED BY CITY STAFF: Verified FLUM Designation: SF:, Verified Zoning Designation: C PO Plan Amendment Type APPLICANT PLEASE NOTE: ❑ Large Scale (LSA) involving over 10 acres or text amendment 2 Small Scale (SSA) 10 acres or less ❑ Small Scale (SSA) More than 10 but less than 20 acres if the proposed amendment will have a positive effect in addressing the problems of low per capita incomes, low average wages, high unemployment, instability of employment, and/or other indices of economically distressed communities. Answer all questions completely and accurately. Please print or type responses. If additional space is needed, number and attach additional sheets. The total number of sheets in your application is: Submit 1 (one) copy of the complete application and amendment support documentation, including maps, to the General Services Department. Fifteen (15) copies of any documents over I 1 X 17 are required to be submitted by the applicant. I, the undersigned owner or authorized representative, hereby submit this application and the attached amendment support documentation. The information and documents provided are complete and accurate to the best of my knowledge. ►115118 Date (-6now,j , '-"oin&& Signature of Owner or Authorized Representative` `Attach Notarized Letter of Owner's Authorization For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page I of 7 Applicaton for Comprehensive Plan Amendment (6/09) I. APPLICANT/AGENT/OWNER INFORMATION Big Lake Property Holdings, LLC Applicant 410 NW 4th Street Address Okeechobee FL 34972 City State Zip 863-357-0788 brandie@tindalllaw.net Telephone Number Fax Number E-Mail Brandie Tindall Agent* 410 NW 4th Street Address Okeechobee FL 34972 City State Zip 863-357-0788 brandie@tindalllaw.net Telephone Number Fax Number E-Mail ✓ Big Lake Property Holdings, LLC Owner(s) of Record 410 NW 4th Street Address Okeechobee FL 34972 City State Zip 863-357-0788 brandie@tinalllaw.net Telephone Number Fax Number E-Mail Name, address and qualification of additional planners, architects, engineers, environmental consultants, and other professionals providing information contained in this application. [(754) avis W. Trueblood, Esq.; 180 NW 3rd Avenue, Suite A; Okeechobee, FL 34972; 300-9160; twt@legalfeather.com is will be the person contacted for all business relative to the application. For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Ext. 218 Page.? pf 7 Applicaton for Comprehensive Plan Amendment (6/09) II REQUESTED CHANGE (Please see Section V. Fee Schedule) A. TYPE: (Check appropriate type) ❑ Text Amendment ❑X Future Land Use Map (FLUM) Amendment B. SUMMARY OF REQUEST (Brief explanation): The property at 410 NW 4th Street is currently zoned Commercial Professional Office (CPO) with a Future Land Use of Single Family Residential (SF). Applicant intends to use the property as an attorney's office. In the CPO Zoning District an Attorney's Office is a permitted use but the Future Land Use is SF and commercial uses are not permitted. Since the Future Land Use Map controls, a request for a Future Land Use Map Amendment Change back to Commercial is requested so applicant may use the property as intended. There will be no net impacts as the property is currently zoned CPO and used as such. A. PROPERTY LOCATION: 1. Site Address: 410 NW 4th Street, Okeechobee, FL 34972 2. Property ID #(s): 3-15-37-35-0010-01050-0070 / B. PROPERTY INFORMATION (Note: Property area should be to the nearest tenth of an acre. For properties of less than one acre, area should be in square feet.) 1. Total Area of Property: .321 ac `/ 2. Total Area included in Request: .321 ac ✓ a. In each Future Land Use (FLU) Category: 100% (1) .321 ac FLU to CM (2) (3) (4) b. Total Uplands: None C. Total Wetlands: None For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Ext. 218 Page 3 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 3. Current Zoning: CPO 4. Current FLU Category: SF 0 Existing Land Use: CPO ? 6. Requested FLU Category Gplo- (o r,1 mt rL ie 1 D. MAXIMUM DEVELOPMENT POTENTIAL OF THE SUBJECT PROPERTY Development Type Existing FLU Category Proposed FLU Category Residential Density (DU/Acre) 4 Number of Units 1 Commercial (sq. ft.) 11,898 Industrial (sq. ft.) AMENDMENT SUPPORT!• • At a minimum, the application shall include the following support data and analysis. These items are based on the submittal requirements of the State of Florida, Department of Community Affairs for a comprehensive plan amendment, and policies contained in the City of Okeechobee Comprehensive Plan. Staff will evaluate this request based on the support documentation provided by the applicant. A. GENERAL INFORMATION AND MAPS Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large maps are submitted, the Applicant may be required to provide 8.5" x 11" maps for inclusion in public hearing packets. 1. Wording of any proposed text changes. ✓2. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. ,f V,si ' A0U)3. A map showing existing land uses (not designations) of the subject property and G1C�"ti [t; surrounding properties. ✓4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. \/5. Map showing existing zoning of the subject property and surrounding properties. ✓6. Certified property boundary survey; date of survey; surveyor's name, address and phone number; and legal description(s) for the property subject to the requested change. For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Ext. 218 Page 4 of 7 Applicaton for Comprehensive Plan Amendment (6/09) v/7. A copy of the deed(s) for the property subject to the requested change. /8. An aerial map showing the subject property and surrounding properties. N l0 9. If applicant is not the owner, a notarized letter from the owner of the property J authorizing the applicant to represent the owner. B. PUBLIC FACILITIES IMPACTS Note: The applicant must calculate public facilities impacts based on a maximum develop- ment scenario. 1. Traffic Analysis a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate of traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. (2) If the proposed Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Use designation, the Applicant shall attach a Traffic Impact Study prepared by a professional trans- portation planner or transportation engineer b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepared by a professional transportation planner or transportation engineer. C. Traffic Impact Studies are intended to determine the effect of the proposed land use change on the city's roadway network and the city's ability to accom- modate traffic associated with the proposed change over a ten-year planning period. d. An inability to accommodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change; 2. Provide estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use designations for provision potable water, sanitary sewer, and recreation/open space as follows: a. Potable Water and Sanitary Sewer demand based on: (1) 114 gallons per person per day (gppd) for residential uses (2) 0.15 gallons per day per square foot of floor area for nonresidential uses b. Recreation, and Open Space demand for residential uses of 3 acres per thousand peak season population. For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Ext. 218 Page 5 of.7 Applicaton for Comprehensive Plan Amendment (6/09) 3. Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: 1.0 a. Solid Waste; b. Water and Sewer; re e'� vv i,l I f mo-il ✓c. Schools. },ntir,. fee CL In reference to above, the applicant should supply the responding agency with the information from Section's II and III for their evaluation, as well as estimates of maximum population and nonresidential square footage developable under the existing. and proposed Future Land Use categories. The application should include the applicant's correspondence to the responding agency. C. ENVIRONMENTAL IMPACTS Proposed plan amendments shall be accompanied by evidence that the following studies either have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: 1. Wetlands and aquifer recharge areas. Soils posing severe limitations to development. Unique habitat. 4. Endangered species of wildlife and plants. Floodprone areas. D. INTERNAL CONSISTENCY WITH THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN 1. Discuss how the proposal affects established City of Okeechobee population projections. 2. List all goals and objectives of the Bonita Springs Comprehensive Plan that are affected by the proposed amendment. This analysis should include an evaluation of all relevant policies under each goal and objective. 3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Ext. 218 Page 6 of 7 Applicaton for Comprehensive Plan Amendment (6/09) E. JUSTIFICATION OF PROPOSED AMENDMENT Justify the proposed amendment based upon sound planning principles. Be sure to support all conclusions made in this justification with adequate data and analysis. V. FEE SCHEDULE Large Scale Amendment (LSA) $4,000.00 plus $30.00 per acre Small Scale Amendment (SSA) $850.00 plus $30.00 per acre Text Amendment Flat Fee $2,000.00 each AFFIDAVIT I, Brandie Tindall , certify that I am the owner or authorized representative of the property described herein, and that all answers to the questions in this application and any sketches, data, or other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I also authorize the staff of the City of Okeechobee to enter upon the property during normal working hours for the purpose of investigating a valuating the request made through this application. r Signature of Owner or Authorized Agent Date Brandie Tindall Typed or Printed Name STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was certified and subscribed before me this 5 day of November 20 18 , by Brandie Tindall ,w o is persona y own o� or who has produced , as identification. SHAtNNA SORGSTROM State _ca4 of Florida -Notary Public �� •c ,- Commission # GG 247149 My Commission Expires August 09, 2022 Notary Public tf S&u( ul G Printed Name of Notary -,Public Commission Expires on: For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Ext. 218 Page 7 of 7 E. JUSTIFICATION OF PROPOSED AMENDMENT The proposed amendment is supported by sound planning principles by promoting the goals of consistency, uniformity and property rights. The applicant is seeking a change of the future land use back to what its current use is. Given the location of the property and the character, nature and zoning of the surrounding properties, the designation of CPO clearly is legal, consistent and sensible. IV. AMENDMENT SUPPORT DOCUMENTATION A. GENERAL INFORMATION AND MAPS 1/A not 1 — Wording of any proposed text changes: AN ORDINANCE ADOPTING A SMALL-SCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES OF THE 2017 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION FROM SINGLE FAMILY (SF) TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ON APPROXIMATELY 0.32+ OF AN ACRE LOCATED ON LOTS 7 AND 8, BLOCK 105, CITY OF OKEECHOBEE, AT 410 N.W. 4T" STREET AND OWNED BY BIG LAKE PROPERTY HOLDINGS, LLC, AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO APPLICATION NUMBER ; PROVIDING A DISCLAIMER THAT THE AMENDMENT GRANTED HEREIN SHALL NOT BE CONSTRUED AS AN EXEMPTION FROM ANY OTHER APPLICABLE LAWS; PROVIDING AN EFFECTIVE DATE. 2 — Map showing boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. See attached Exhibit "A" and Exhibit `B". mFypf 3 — Map showing existing land uses of the subject property and surrounding properties. See rpr�;nc��i maP attached Exhibit "C". S c_t;c�2�1- ac.hcQl LESeS -� 4 — The property located at 410 N.W. 41h Street is presently zoned as CPO and used as such. The property has a Future Land Use designation as SF. Applicant is seeking a return of the Future Land Use designation to C�Q so that it may continue to be zoned CPO and utilized accordingly thereto. Changing the Future Land Use designation back to CPA is consistent with the current use of the property, its proposed future use and both current and future uses on neighboring parcels. 5 — Map showing existing zoning of the subject property and surrounding properties. See attached Exhibit "C". 6 — Certified property boundary survey. See attached Exhibit "D". 7 — Copy of the deed. See attached Exhibit "E". 8 — Aerial map of the subject property and surrounding properties. See attached Exhibit "A". 9 — NA. This Instrument Prepared By / Return To: Jennifer L. Williamson, Esquire CRARY BUCHANAN, P.A. 759 SW Federal Hwy., Suite 106 Stuart, FL 34994 (772) 287-2600 PARCEL I.D. NO.: 3-15-37-35-0010-01050-0070 {I{I(! I{III IIII! 11{II N{i{ II{ll I OR BK 814 PG 1140 SHARON ROBERTSONr CLERK, & COMPTROLLER OKEECHOBEE COMM FLORIDA RECORDED 10/10/2018 10:37:49 AN AMT $125r000.00 RECORDING FEES $10.00 DEED DOG $975.00 RECORDED BY M Pinon Ps 1140; Q ps) WARRANTY DEED (from Corporation) THIS WARRANTY DEED, Made and executed the P day of October, 2018, by SENIORS 'R" ABLE, INC., a Florida corporation, existing under the laws of Florida, and having its principal place of business at 115 NE 3id Street, Okeechobee, Florida 34972, hereinafter called the Grantor, to BIG LAKE PROPERTY HOLDINGS, LLC, a Florida limited liability company, whose mailing address is 414 NW 3td Street, Okeechobee, Florida 34972, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt where o ie�7 Y>cknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and firm u tii Grantee, all that certain land situate in Okeechobee County, Florida, to -wit: �� Lots 7 and 8, Blo 05, City of Oke gbee, according to the map or plat thereof as recorded in Plat Book 5, Pa Public Recor spf Okeechobee County, Florida tusa�y Subject to: restrictio s` tions, e:' onditions, and easements of record; taxes for 2018 and the years subsequent there ; aricfa11 _ p ca dinances and governmental regulations, including without limitation, zoning and building co nd ordinance, Together with all the tenements ereditaments a ppurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in eel 'mp re`_ er. And the Grantor hereby covenants with said Gra t it is ly seized of said land in fee simple; that it has good right and lawful authority to sell and v id land; it hereby fully warrants the title to said land and will defend the same against the la ms III perso omsoever, and that said land is free of all encumbrances. In Witness Whereof the Grantor has caused these presents to b e ecuted in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly a" orized, the day and year first above written. Signed, seated and delivered in our �= sence: SENIOR "; E, INC., a Florida corporation Witness By: F e A. Haverlock [Print Name of Witness] Its: President Witness [Print Name of Witness] STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this V day of October, 2018, by Faye A. Haverock, as President of SENIORS "R" ABLE, INC., a Florida corporation, on behalf of the corporation. She is personally known to me. WAY M. EYERETT �Y P?dfk - ilala os norWa My ybilon 0 88 055021 COfM� Etpkn Apr 7, 2021 IkpaplA gr-Ifplary Axsrr Navy P1 ComeMaston lo r GG ubiic, State of Florida • My Comm. Expires Apr 7. 2071 Name) Book814/Page1140 CFN#2018012227 Page 1 of 1 B. PUBLIC FACILITIES IMPACTS 1.a.(1) — Estimated traffic volume associated with proposed change to CPO, assuming maximum development of the property is 12. (Other Sub -Sections Not Applicable) 2.a.(2) — Estimated demand for potable water and sanitary sewer are 1,784.7. (Other Sub -Sections Not Applicable) 3 — Copies of the applicant's correspondence to the responding agencies are attached hereto as Exhibit " F". Responses have not yet been received but will be provided as a supplement. C. ENVIRONMENTAL IMPACTS None of the studies identified in the application are relevant to this application. D. INTERNAL CONSISTENCY WITH THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN l — This proposal has no effect on City of Okeechobee population projections. The current use is CPO. Applicant is seeking to continue use as CPO. 2 — The proposed amendment does not affect the goals and objectives of the Comprehensive Plan. Rather, this proposed amendment supports the plan by promoting consistency, fairness and property rights. 3 — This proposal does not affect the Comprehensive Plan in any manner as it relates to adjacent unincorporated areas. 4 — The proposed amendment does not affect the goals and objectives of the State Policy Plan and Regional Policy Plan. Rather, this proposed amendment supports the state plan and regional policy by promoting consistency, fairness and property rights. TRAVIS W. TRUEBLOOD, P.A. 180 N.W. 3rd Avenue Suite A Okeechobee, FL 34972 (7S4) 300-9160 twt@Iegalfeather.com November 4, 2018 Okeechobee County Solid Waste & Recycling 306 NW 9th Avenue Okeechobee, FL. 34972 (VIA U.S. MAIL) Okeechobee Utility Authority 110 SW 51h Avenue Okeechobee, FL. 34974 (VIA HAND DELIVERY) Okeechobee County School District 700 SW 2nd Avenue Okeechobee, FL. 34974 (VIA HAND DELIVERY) Re: Request for Letter Substantiating Adequacy to Support Development 410 NW 41h Street, Okeechobee, FL. 34972 Dear Sir or Madam: Our client, Big Lake Property Holdings, LLC is seeking an amendment from the City of Okeechobee to change the future use designation of their property located -at 410 NW 41h Street, Okeechobee, FL 34972 from Single Family (SF) to Commercial Professional Office (CPO . The property is presently zoned as CPO and my client intends to continue using it that way. In order to do so, the future use of the property must be changed back from SF to CPO. As part of the application process, a letter must be sought from your agency substantiating the adequacy of solid waste, water and sewer and schools. To assist in your evaluation, we are providing copies of Sections II and III of the amendment application which identify estimates of maximum population and nonresidential square footage developable under the existing and Future Land Use categories. Thank you for your time in considering my client's request. Should you have any questions, please do not hesitate to contact me. Sincerely, T4".4 W. TV'4" Travis W. Trueblood, LL.M. Attorney and Counselor -at -Law Superintendent Ken Kcmvorthy School District of Okeechobee County 863-462-5000 700 S.W. Second Avenue Fax 863-462-5151 Okeechobee, Florida 34974 November 5, 2018 Travis Trueblood, P.A. 180 NW 31d Avenue, Suite A Okeechobee, FL 34972 twt@legalfeather.com RE: Adequacy to Support Development Chairperson Jill Holcomb Vice chnirperson Dixie Ball Members Joe Arnold Malissa Morgan Amanda Riedel Mr. Trueblood, We appreciate you providing us information regarding the proposed change in land use for the property located at 410 NW 4th Street, Okeechobee, Florida. In recapping your request, the final result if approved, would have the property designated as Commercial Professional Office. If this is the case, we have no objection to this as the property would not generate any students for our school district. That being said, please allow this letter to serve as confirmation that Okeechobee County Schools will not be impacted and therefore has adequate capacity to support this change. If we can be of any further assistance, please let us know. Sincerely, Ken Kenworthy Superintendent of Schools Achieving Excellence: Putting Students Firstl E9F IM, In ---- -- 3 0,13W!00�1_ s3.vll.vs onand Z.OvIrloo wu.Boisab A:vnvj -mm 1tlW1volsabSin o In aw -7 q:ft 14301M All— - MWIl. sivolivOldissno asn GNV7 6 gr 'K uar Ite', I& 77- IJ_ rtz 2 'rs`DIS!_i Mz Mi 1: 15& 1 v i in ;oz -71 Z. See jj, q, Fi-4 -act St ILI IZ, lzi• Pt, J.z --m—T Ej ce: 7Z F4 L @Sfl PUB OJI1111Ali LL , 7 City of Okeechobee w E Zoning Map Tt-::�— VV- 33 i2 j.A 75- 7-.. .� rn. � >/ jj t: �=�' '-20- h K WJ G.: X 02- 0 so4A ?.-52-+ F3 _. - j. .a.��t-i \L— 10 .,43 4k 14T 1z i.111 t2. F:-- i 173 136 tAq -12 ku El� -22 t7b it, -.S 7- 2i� N.- 2A � _`/ ,be t67 It? -5;i m/m/m, NWO/W T ZONING "-90 41 IETI m 25 ll= 03 on 1 BOUNDARY SURVEY PREPARED FOR SENIORS "R" ABLE, INC. PROJECT SPECIFIC NOTES.- 1) UNLESS SHOWN OTHERWISE" ALL DIMENSIONS ARE PLAT(P) AND MEASURED("). 2) SITE ADDRESS: 410 NW 4TH STREET 3) PARCEL ID. 3-15-37-35-0010-OfO50-0070. 4) F,LR.Y. ZONE. X ,' MAP NO. 12093CO480C, DATED 07/f6/15. 5) THIS SURVEY IS NOT INTENDED TO DEPICT dVFISD/C7701VAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 6) SURVEYOR WA NOT PROVIDED WITH ANY 777LE INFORMA77ON FOR THIS PARCEL. SURVEYOR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF EASEMENT DIMENSIONS SHOWN HEREON, THERE MAY BE OTHER EASEMENTS OR RE5TRIC77ONS 77-IAT EFFECT THIS PARCEL. 7) 7HE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDI7701VS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN 7HE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARRES. 8) DATE OF LAST FIELD SURVEY- 11/03/15. a] 3 T Z 'u C9 Wla - W Q 3 1 N = N all N 3 ° Z o QIIY, O STMN LRur, I CJa t9C�5 a>nx uEUR- t LOT 6 LOT 5 BLOCK 105 �aCK W5 LOT 4 ELOCK 105 30' YdDE ALLEY S B9'S7 1 S" F i nn r11' ^n iau c h:a 1c.y I 1 PARCEL CONTAINS ±0.32 ACRES m I m I I LOCK 7 j LOT B 3 3LOCK 105 BLOCK 105 C Li-T la ali[uG PatE f a: N B9"57,0111 1' nmF � co,acrz sac+ur DESCRIP770N.- LOTS 7 AND 8, BLOCK 105, OKEECHOBEE, ACCORDING TO WE PLAT - THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, OF 77/E PUBLIC RECORDS OF OKEECNOBEE COUNTY, FLORIDA. Ull Jf -'rt] LOT 9 6L0'lr , $as S b sari PI (aT uM SCALE' , NM - 3n Igr 'TENOEO OISPIAr XAIE 1 -I �l �l ''I W 7 rnJW s!a• zl� - N 8997b6" W ibEOV _ - Qlo- s F-1 t Ke >; d 4 3= Z i .. a:ss a r„•rrR� i I I da•T Jar((a say I scti wo L _i I SriE eaJ N* n N W' N( 4TH STREET (s's_ — - — - � - �N LL' sau'J Ioj.- N e9'S]'09' W _ 3]0.a2'(Y) (6EPXaJG BASE) - STANDARD NOTES: Pie search of the public records for determination of ovinershlp or restrlct)ons affecting the lands shown was performed by tho Surveyor. The survey depicted hr19 is prepared exclusively for those parties noted. No responsibility or liability Is assumed by the surveyor for use by others not specillcally named. Not valid w;thout the signature and embossed seal of Florida licensed surveyor and mapper N4820. There are no visible above ground encroachments except es shown. No attempt was made to locate underground improve icnts and/or encroachments (if any) as port of this survey. This survey was prepared In accordance with minimum technical stondards established by the Florida Beard of Surveyors and Mappers (Chapter 61G17-6. F.A.C.) "R" ABLE. INC. DESCRIPTION I DWG. DATE BY I CK BOUNDARY SURVEY il/11 /15 WC KAB DESCRIPTION REFERENCE PROVIDED BY CLIENT OR CLIENTS REPRESENTATIVE FB/PG: 311/50 SCALE: 1" = 30' BEARING REFERENCE: THE CENTER OF NW 4TH ST. IS TAKEN TO BEAR N 89'57.08" IN FILE: 29377 JOB NO: 29377 TRADEWINDS SURVEYING SERVICES, LLC. 200 S.91. 3rd Avenue Okeechobee, FL, 34974—'--�1 Tel: (863) 763-2887 Fax: (863) 763-4342 Email: kab.twps@yahoo.com Kenneth A. Breaux, Jr. (PSM 4820) LB N(0. 8097 L EOEa1D a - Set Iron Rod ana Cop ^KAB _S -1020" Y-Fcund C'C •-Foond Ircn Rod (ord Cap) 3 -Fcund Pipe (yid Cap) ABP.REMATIONS $•-0aa!+nr, CN-[,ePchmor.; ^-Cmter4:r. C-C—W.t¢ . CA'.l•-l.x,ti T'.; ae- C—i. L[�n, - t: talc -ego.,. c-oa.a: A-nd1D rr ert.d Anyl. E-Eoe +Easterly. EJPvEC_e .1 ft—ll: Esura=_RY.mrnl (.LR Y..rlaee tNu,Dn:e Rain U— Fh*D Fy d..P-Gm D' u7L(Q.1— R W (• 0 Cmi::.(Jrcl LM911 : •A-U.—,.; Lai -I .da N-th,tn; ti L.-Nu:nrwly, NCO,-Natcnal Cn4e1K. 6ca (OP6-n) a1 M9, Nts-NP[ 1. sc."q D11Y-a.erhvad %.,: PC-^uhl .1 C'—w.c: -CC-Pi.( DI CD 1— GJr t— PCPs Crnl,d Dpnt P09-1OhI D, Be9ivi"T AUP.1 P( C'/nrt.enr[mfnt: PRGPJin( W Re• — Cur-.1. PAY-Pii— I Rrfe•m[. urn• n! PT -Pent e1 Tag—y. Pu Bo+PUH'r L-imly and O,o'+ — R-R.d!r Rr^h,-R;Sh:-of-ltioy. S-s:uln; 5lY-Sn�Mnl% Inrvdmr. TEL,Te, M— SPIk[ x S-1d 9erx=v:etl wtv"Wyledy, unE_u(af1,{kJ): -$pnl 0--e . ewtl an :n .I"j a.[vm Staff Report Small Scale Comprehensive Plan Amendment Prepared for. The City of Okeechobee Applicant; Big Lake Property Holdings, LLC Petition No.: 1 8-002-SSA (4 10 NW 4th Street) Staff Report Applicant's Name: Big Lake Holdings, LLC Small Scale Comprehensive Plan Amendment Petition No. 18-002-SSA General Information Owner/Applicant Applicant Phone Number Applicant Email Address Site Address Contact Person Contact Phone Number Big Lake Holdings, LLC 410 NW 4th Street Okeechobee, FL 34972 863-357-0788 brandie@tindalllaw.net 410 NW 4th Street Okeechobee, FL 34972 Travis W. Trueblood, Esq. 754-300-1960 Contact Email Address twt@legalfeather.com Legal Description of Subject Property Parcel Identification Number: 3-15-37-35-0010-01050-0070 Legal Description (from survey): LOTS 7 AND 8 BLOCK 105, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Request The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map (FLUM) for a 0.321-acre parcel. The property is designated Single -Family Residential on the Future Land Use Map. The proposal is to change the Future Land Use designation of this property From Single -Family Residential to Commercial. The current and proposed Future Land Use designations, zoning, existing use, and acreage of the subject property and surrounding properties are shown in the following tables and on the maps on pages 6 through 8. L.K.= ptanning Staff Report Applicant's Name: Big Lake Holdings, LLC Small Scale Comprehensive Plan Amendment Petition No. 18-002-SSA Current Future Land Use, Zoning and Existing Land Use Characteristics Existing Proposed Future Land Use Single -Family Residential Commercial Category Zoning District CPO, Commercial Professional CPO, Commercial and Office Professional and Office Use of Property Attorney's Office Attorney's Office Acreage 0.321 Acre 0.321 Acre Future Land Use, Zoning, and Existing Uses on Surrounding Properties .f= East South West Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Single -Family Residential CPO, Commercial Professional and Office Single-family home; Office to NW Single -Family Residential CPO, Commercial Professional and Office Professional Office Single Family Residential CPO, Commercial Professional and Office Health Ctr.; County offices to the SW Public Facilities Zoning District CPO, Commercial Professional and Office Existing Land Use County Complex A Qualification for Amendment Based on the size of the property (0.321 acre) this application qualifies under Chapter 163, F.S. as a Small -Scale Development Activity Plan Amendment (SSA) to the Comprehensive Plan. L-IR.= 2 planning Staff Report Applicant's Name: Big Lake Holdings, LLC Small Scale Comprehensive Plan Amendment Petition No. 18-002-SSA B. Current and Future Development Potential as Single -Family Residential The property is presently used as a law office. The maximum standard density allowable in the Single -Family Residential Future Land Use Category is four units per acre (five if the units qualify as affordable housing). Maximum development potential is one single-family unit. C. Future Development Potential as Commercial If the existing building were to be demolished, the practical maximum development potential of the subject parcel would be a two-story office building, if the required parking could be made available. 2. Proposed Use The Applicant intends to continue to use the property for law offices which is a permitted use within the CPO District. Comprehensive Plan Analysis A. Consistency and Compatibility with Comprehensive Plan and Adjacent Uses. Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas and shall discourage urban sprawl. The vast majority of the properties south of NW 6th Street between US 441 and NW 5th Avenue are designated Commercial on the Future Land Use Map and Zoned CPO. One of the reasons is proximity of this area to the concentration of County and related offices and services located nearby. In fact, the few properties in this area that are designated Single -Family on the FLUM are all zoned CPO. I believe these properties were designated Single -Family back when the Central Florida Regional Planning Council (CFRPC) prepared the City's first Comprehensive Plan in 1989. At that time, the CFRPC mistakenly used the existing land use of a property as the primary determinant of formulating the City's Future Land Use Map. A designation of Commercial is the more appropriate designation for these properties should the owners so wish. L.K.. planni.ncg Staff Report Applicant's Name: Big Lake Holdings, LLC Small Scale Comprehensive Plan Amendment Petition No. 18-002-SSA B. Adequacy of Public Facilities Traffic Impacts Given the predominance of office and service -type uses in the general vicinity, and the limited size of the lots in this area, one could not reasonably anticipate inappropriate traffic impacts to result from the conversion of lots in this area from Single -Family Residential to Commercial on the FLUM. This is particularly true in this particular situation because the property is already being used as a law office. Demand for Potable Water and Sewer Treatment The estimated demand for potable water and waste water treatment associated with the current use will not increase as a result of the requested change in Future Land Use designation. In the event, a larger building were to be constructed in the future, even doubling the demand would not tax the ability of OUA to provide potable water and wastewater treatment to the property. C. Environmental Impacts The subject property is already in urban use and no significant or unique characteristics regarding environmental sensitivity, wildlife habitat, soil conditions or susceptibility to flooding. Changing the Future Land Use designation as requested will have no adverse effects upon the environment. L.,Ku. ptanning Staff Report Applicant's Name: Big Lake Holdings, LLC Small Scale Comprehensive Plan Amendment Petition No. 18-002-SSA 'Recommendation Based on the foregoing analysis, we find the requested Commercial Future Land Use Designation for the subject property to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore, we recommend Approval of the Applicant's request to amend the Comprehensive Plan to designate the subject property as Commercial on the City's Future Land Use Map. Submitted by: Wm. F. Brisson, AICP Sr. Planner, LaRue Planning November 26, 2018 Planning Board Public Hearing: December 20, 2018 City Council Public Hearing: February 5, 2018 Attachments: Future Land Use, Subject Site & Environs Zoning, Subject Site & Environs Existing Land Use Aerial, Subject Site & Environs LaRue planning Staff Report Applicant's Name: Big Lake Holdings, LLC Small Scale Comprehensive Plan Amendment Petition No. 18-002-SSA FUTURE LAND USE SUBJECT SITE AND ENVIRONS At 5th St. NW 4th St. > . COMPPEHENSIVE PLAN LAI MEI- - U S E ll 21N*L=- - FAA.--e %M1 - -j -FAM. I LY COIMOWSRCULII� - F.ACWTMS R =— 3 E IN r LaL M 1. KEO U SE: L-Kile planning I Staff Report Applicant's Name: Big Lake Holdings, LLC Small Scale Comprehensive Plan Amendment Petition No. 18-002-SSA ZONING SUBJECT SITE AND ENVIRONS 96 --�5 103 104 ZONING C Sea - CO M061 SUS h^_:iS GIST}?ICT- W - L*Hr CUIa'man—t6.L CFO - COMMA ?R1.}=C.3::I0tAAL 10= = C F-'H(XC_NG INO-IMMA7RIAL FQ&-FLSLIr =ACYJPES RT;ri 6Rf' SiaEf4TIAL S1k<K= -A E3101SS T1.9L 5Vi14-3 LE FAIW:LP { L,R„_. 7 ptzn• .o. V Staff Repoli Applicant's Name: Big Lake Holdings, LLC Small Scale Comprehensive Plan Amendment Petition No. 18-002-SSA EXISTING LAND USE AERIAL OF SUBJECT SITE AND ENVIRONS NQF.711 NW 5rM ST 17 1691MU41 W ad 17A JIM& lot 1 VOW71w; Prof. C Gfc. Imp - -u— .1 - a 1 k 41 KW 4th ST. Pr of. Svc. -j-7 'ANININAM,, Ofc. Alk so LA�- 8 planning DECEMBER 20, 2018 — PLANNING BOARD -PAGE 3 OF 5 ACTION -DISCUSSION: V AGENDA FISCUSS 0 0'fE: PUBLIC HEARING ITEM CONTINUED. A. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary for Petition No.18-002-SC continued. 4. Disclosure of Ex-Parte Communications by the Board. 5. a) Consider a recommendation to the City Council to approve or deny Petition No.18-002-SC. b) Board discussion. c) Vote on motion. B. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 18-002-SSA, from Single -Family Residential to Commercial, on 0.321± acres located at 410 Northwest 4'h Street, Lots 7 and 8 of Block 105, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records, Okeechobee County (Exhibit 2). 1. Review Planning Staff Report —recommending approval. Chairperson Hoover asked whether there were any comrents or questions from those in attendance. There were none. The Petition was advertised in the local newspaper, two signs were posted on the subject property and courtesy notices were mailed to twenty three surrounding property owners. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the Petition or visited the site. There were none. Motion and a second offered by Members Baughman and McCreary to recommend approval to the City Council for Abandonment of Right -of -Way Petition No. 18-002-SC, to vacate a portion of Southwest 18th Street between Southwest 2nd and 31d Avenues (approximately 300-feet by 40-feet), lying between Lots 6 and 12 of Block 33 and Lots 1 and 7 of Block 36, FIRST ADDITION TO SOUTH OKEECHOBEE, Plat Book 1, Page 17, Public Records, Okeechobee County with the following special conditions: OUA requires the North half of Southwest 181h 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; the City of Okeechobee Public Works Department requires an access easement for the entire portion of Southwest 18th Street and a copy is needed of the agreement between the property owners on the West side of the Right -of -Way closest to Southwest 3,d Avenue. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER —YEA MCCOY—YEA BATTON—ABSENT BAUGHMAN—YEA BRASS —YEA JONASSAINT —ABSENT MCCREARY—YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for February 19, 2019, 6:00 P.M. Comprehensive Plan Small Scale FLUM Amendment Application No. 18-002-SSA, from Single -Family Residential to Commercial, on 0.321± acres located at 410 Northwest 4'h Street, Lots 7 and 8 of Block 105, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records, Okeechobee County, Planner Brisson reviewed the Planning Staff Report and explained the maximum standard density allowable in the Single -Family Residential Future Land Use Category is four units per acre. Maximum development potential is one single-family unit. If the existing building were to be demolished, the practical maximum development potential of the subject parcel would be a two-story office building, if the required parking could be made available, The property is DECEMBER 20, 2018 — PLANNING BOARD- PAGE 4 OF 5 AGENDA ACTION 'DISCUSSION =VOTE. VI. PUBLIC HEARING ITEM CONTINUED. I B.1. Review Planning Staff Report — recommending approval for Application I No. 18-002-SSA continued. 2. Hear from the Property Owner or Designee/Agent Ms. Brandi Tindall, Registered Agent of Big Lake Property Holdings, LLC. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex-Parte Communications by the Board. 5. a) Consider a recommendation to the City Council to approve or deny Application No.18-002-SSA. currently zoned Commercial Professional Office (CPO) and used as a law office. The Applicant intends to continue to use the property for law offices which is a permitted use in the CPO District. Ms. Brandi Tindall was present and available for questions from the Board. There were none. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the application or visited the site. There were none. Planning Staffs findings are as follows: The application was found to be consistent with the City's Comprehensive Plan, specifically Policy 2.2 and Objective 12 of the Future Land Use Element. The vast majority of the properties South of Northwest 6'h Street between North Parrott Avenue and Northwest 51h Avenue are designated Commercial on the FLUM and Zoned CPO. One of the reasons is proximity of this area to the concentration of County and related offices and services located nearby. In fact, the few properties that are designated Single -Family Residential on the FLUM are Zoned CPO. Given the majority of office and service -type uses in the general vicinity, and the limited size of the lots, one could not reasonably anticipate inappropriate traffic impacts to result from the conversion of lots in this area from Single -Family Residential to Commercial on the FLUM. This is particularly true in this particular situation because the property is already being used as a law office. Regarding adequacy of public facilities, the estimated demand for potable water and wastewater treatment that would be associated with the current use will not increase as a result of the requested change in Future Land Use designation. In the event, a larger building were to be constructed in the future, even doubling the demand would not tax the ability of OUA to provide potable water and wastewater treatment to the property. The subject property is already in urban use and has no significant or unique characteristics regarding environmental sensitivity, wildlife habitat, soil conditions or susceptibility to flooding. Changing the Future Land Use designation as requested will have no adverse effects upon the environment. A motion and a second was offered by Members Baughman and Brass to recommend approval to the City Council for Comprehensive Plan Small Scale FLUM Amendment Application No 18-002-SSA, from Single Family Residential to Commercial, on 0.321± acres located at 410 Northwest 4th Street, Lots 7 and 8 of Block 105, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records, Okeechobee County and find it to be consistent with the Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. DECEMBER 20, 2018— PLANNING BOARD - PAGE 5 OF 5 AGENDA ACTION olSrt_lss►nN=VOTE VI. PUBLIC HEARING ITEM CONTINUED. 5. b) Board discussion for Application Nos 18-002-SSA continued. Chairperson Hoover asked whether there was any further discussion. There was none. c) Vote on motion. VOTE CLOSE PUBLIC HEARING — Chairperson. VII. ADJOURNMENT —Chairperson. Please take notice and be advised that when a person decides to appeal any decision made by the Planning BoardlBoard of Adjustment and Appeals with respect to any matter considered at this proceeding, 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. General Services' media are for the sole purpose of backup for official records. ATTEST: Patty M. Burnette, Secretary Dawn T. Hoover, Chairperson HOOVER —YEA MCCOY—YEA 13ATTON—ABSENT BAUGHMAN—YEA BRASS — YEA JONASSAINT—ABSENT MCCREARY—YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for February 5, 2019, 6:00 P.M. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:13 P.M. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:13 p.m. 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 Cou >SyFlorida, that the attached copy of advertisement being a `i;: . tc. KY (Ck, in the matter of L�'1�4 U% 0gW'yL in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said 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. Katrina Elsken Sworn to and subscribed before me this day of 3-6,Q 019 AD Notary Public, State of Florida at Large Lake Ok%c6iobee News 107 SW 1,7 Street, Okeech' b ie, Flora',da 3497V 8,63 763-3134 me adi arm is iaregarding scree sad Fsn wa.e nand i e� �pp Mdnat Aw li ►xr No. 18-002� b the Brande Trr dal agadoF tag tale Ropaly lioldrgs LLC axer), on 0321+/- aaa, bated at 410 WdwveSt 4th = LE&AC: IAiS 7 A!� PA�GES,PUUIC �QIRW OBEE WUNNWID fY,�RORIDA.� AN ttenbers of to W& are a mrraged ro�andesh said Heak47hepvposedodnancemaybekis .ni. of the p�btcattne ofioe of the Qy aedc6AV nomd b mez hou4 Mon - Po, too aM4:30 PM, asptRx tafda/s ANY PHt9DN D83DING 7O APPEAL any decision made by the Cy Land wth resp�tlo arty noter oxddeted at this nm& g will teed to en- C rtaioryci the ad Lpmw t of the e�pis �Iwil e�ina with the Antaia s wflh Dales Act (App), ally wih a dsebAy as defined by the ADA UA needs special am m P In this bojxynt' �3372Oak5Officenntatertdr� anbwbidaysWx BEAdVISM#ad WyoukWdaostmanydmineM imaG a a terms bo the Onrrrd in s oort or oMosdbn to ally tin on the mmpph� of the doo+ren4 video, or Ian N0.bf be pwlded to the City Oe or the tly§ ANGIE BRIDGES W COMMISSION # FF 976149 EXPIRES: April 20,2020 Banded TNU Notary RUC UndW4 b ffi Exhibit 2 Feb 5, 2019 ORDINANCE NO. 1178 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING CERTAIN STREETS AND RIGHTS -OF -WAY AS DESCRIBED HEREIN, A PORTION OF SOUTHWEST 18T" STREET BETWEEN SOUTHWEST 2ND AND 3R1 AVENUES, FIRST ADDITION TO SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 17 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NOW EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee General Services Department received Abandonment of Right -of -Way Petition No. 18-002-SC submitted by property owners, Marilyn J. Frazier, Carl and Cassie Murphy, Faith Christian Center of Okeechobee, Inc., and Delbert and Donna Howard, for the closing of a certain Right -of -Way as described in this Ordinance; and WHEREAS, the City of Okeechobee Technical Review Committee reviewed and discussed Petition No. 18-002-SC at a duly advertised public meeting held on November 15, 2018, and recommended approval with the following conditions: that an easement be reserved for the Okeechobee Utility Authority (OUA) for the North 20-feet with unrestricted 24-hour access, with the OUA being responsible for restoration of seed, mulch, and/or sod in the event work is required on the water main; City Public Works have access to the entire portion of Southwest 18t' Street; a copy of the Agreement between the property owners on the West side of the Right -of -Way closest to Southwest 3`d Avenue; and WHEREAS, Petition No. 18-002-SC was reviewed and discussed by the City of Okeechobee Planning Board at a duly advertised Public Hearing held on December 20, 2018, and determined such Petition to be consistent with the Comprehensive Plan, and recommended approval with the following conditions: that an easement be reserved for the Okeechobee Utility Authority (OUA) for the North 20-feet with unrestricted 24-hour access, with the OUA being responsible for restoration of seed, mulch, and/or sod in the event work is required on the water main; City Public Works have access to the entire portion of Southwest 18t' Street; a copy of the Agreement between the property owners on the West side of the Right -of -Way closest to Southwest 3`d Avenue; and WHEREAS, the City Council reviewed Petition No. 18-002-SC and finds it to be consistent with the Comprehensive Plan, is not the sole access to any property, is in the best interest of the citizens, provides a benefit to the City of Okeechobee, and would not jeopardize the location of any utility; and WHEREAS, the granting of the Petition will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Ordinance No. 1178 - Page 1 of 3 SECTION 1: The unimproved, dedicated Right -of -Way described hereafter and as shown on Exhibit A, is hereby closed, vacated, and abandoned by the City of Okeechobee, Florida to -wit: THAT PORTION OF SOUTHWEST 181H STREET (F/K/A ELEVENTH STREET) BETWEEN SOUTHWEST 2ND AVENUE (F/K/A KISSIMMEE STREET) AND 3RD AVENUE (F/K/A MIAMI STREET), BEING APPROXIMATELY 300-FEET LONG BY 40-FEET WIDE, LYING BETWEEN LOTS 6 AND 12 OF BLOCK 33, AND LOTS 1 AND 7 OF BLOCK 36, FIRST ADDITION TO SOUTH OKEECHOBEE, PLAT BOOK1, PAGE 17, PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA_ SECTION 2: The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive easement for public utility proposes in and over the vacated portion of Southwest 18th Street. Further reserving, as a special condition requested by the Okeechobee Utility Authority, to wit: Reserving an easement for the North 20-feet of the Right -of -Way with unrestricted 24-hour access; with the Okeechobee Utility Authority being responsible only for restoring the damage of any seed, mulch, and/or sod in the event work is required on the water main; and SECTION 3: The City Clerk shall cause a certified copy of the Ordinance to be recorded in the public records of Okeechobee County, Florida. SECTION 4: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: Severability. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6: Effective Date. This Ordinance shall be set for Final Public Hearing the 19th day of February, 2019, and shall take effect immediately upon its adoption. INTRODUCED for First Reading and set for Final Public Hearing on this EP day of February, 2019. ATTEST: Lane Gamiotea, CMC, City Clerk Dowling R. Watford, Jr., Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 19th day of February, 2019. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: Dowling R. Watford, Jr., Mayor John R. Cook, City Attorney Ordinance No. 1178 - Page 2 of 3 ORDINANCE NO. 1178 -EXHIBIT A The following excerpt is from the City of Okeechobee Subdivision Map to identify the portion of Right -of -Way to be abandoned as requested by Petition No. I 8-002-SC. 31 S 337 sm 4 .. 7 9 F 10 ,zLLJ � �. DE Petition #18-002-SC Sw 18'h ST between 2nd & 3rd ,Avenues approximately 40x300feet 4E S.W. 16 TH �z_r T r. 6 22 2 914 ,,o 11 s 12 6 Uj S.W. 17 TH ST � 7 1 n Ui 11I 4 11 S F- a- 12 6 Ot S W. 18 TH ST Q a Uj 7 1 8 2 � 3 -� 12 6 S.W. 19 TH ST ... t s Z 12 6 S.W.. 20 TH ST 7 $' . 4 1,13i, S.W. 21 ST ST t 464 .rrr.Yr�r..: r.rrrrrrr.� Ordinance No. 1178 - Page 3 of 3 FAITH CHRISTIAN HAS AN EXISTING SITE MAP USE OF RIGHT-OF-WAY AGREEMENT SHOWING HOW PROPERTY WILL TO FENCE THE SOUTH 20' FEET OF SW 18TH BE DIVIDED BETWEEN 4 OWNERS STREET NEXT TO THERE PROPERTY THE 15' FOOT WIDE ALLEY IN BLOCKS 33 & 38 ARE REMAINING OPEN & NOT PART OF THIS AN EASEMENT IS NEEDED FOR THE ABANDONMENT PETITION NORTH 20 FEET OF THE RIGHT-OF-WAY FOR OUA; ACCESS IS NEEDED BY CITY PUBLIC WORKS AFTER ABANDONMENT IS COMPLETE OWNER 4 WILL BE PURCHASING THE v° NORTH 20 FEET FROM OWNER 1; AND ` OWNER 3 WILL BE PURCHASING THE NORTH 20 FEET FROM OWNER 2. tv .. ..i \, t j. . . . ... .. ! i F_.._...�_...............L. _.---•........i ^ice CITY OF OKEECHOBEE General Services Department 55 Southeast 3rd Street PAGE 1 Okeechobee, Florida 34974 863-763-3372 X 9820 Fax: 863-763-1686 5 : ABANDONMENT OF RIGHT-OF-WAY PETITION PETITION NO.10.00'-5/ Application fee (non-refundnhi0 Date Fee Paid: I O- 1- ( U Receipt No: $600.00 Note: (Resolution No. 98-2Ij a_ ;.:: s;tz, ; tf Land Development Regulation Fees and'Charges TRC Meeting: _ F Q, Publication Date: Letters Mailed: PB/BOA Meeting: Q Publication Dates: When the cost for advertising publishing and mailing notices of public hearings exceeds the �a-� �- U LettersMailed: l6 City Council 151 Reading: CMR Letter E-mailed: established fee, or when a professional consultant is hired to advise the city on the City Council Public Hearing:allq 19Publ:ication Date: rr ff application, the applicant shall pay the actual costs, Right-of-way Definition: Land dedicated deeded used or to be used for a street alley walkway 7 ) l 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: SiFF EX1411 I Ti >N% 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: ALU FoOR 'PROPERTY 6WRERS l� �loT 1���T A ZQsj rS-ME*66T �'iUNNIN� IK(�oVG1t-INEI�; t�R6�E4�Z75 l�tt�R� 1Gt�8bR IQpD CIlSLI)REN FRSUEIN 1 `t LAq EXHIBIT A A 40 foot road depicted as Eleventh Street (on plat AK SW 18"' Street) lying 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. PAGE 2 PETITION N0. /8--S Name of property owner(s): ,- - Owner of Owner(s) mailing address: t{9i ^�� a"110 MF'EC�M,--- EL 749 Owner(s) e-mail address: Owners) daytime phone(s): '-•- 1 pax: -..._._---- I Required Attachments Copy of recorded deed of petitioner as well as any other property owner whose property is contiguous to the right-of-way. L 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 Request Form attached) and dimensions of right-of-way. List of all property owners within 300' of subject property (See Information Request Form attached) bX Site Plan of property after abandonment. (No larger than 11x 17) L: , Utility Companies Authorization Form. (See attached) --32t 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 I -louse) 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) Nf I 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 3ydays and may result in the summary denial of this petition. rl— / vt . Gam,kqj 18 Signature Printed Name Date There are 4 properties adjoin the portion of SW 18�1 Street to be closed: ' Owner 1 of 4 Owner 2 of 4 Owner 3 of 4 Owner 4 of 4 Lot 6, Block 44 Lot 12, Block 33 Lot 7, Block 36 Lot 1, Block 36 Marilyn Frazier Carl & Cassle Faith Christian Delbert & Donna Murphy Center of Okee Howard Donnelyn Khourie Reaistered Aaent ALLEY A1401OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee 'AUS--- = (insert names) of the owner(s) game. nerson(s) who is sign' q the letter of consent) FRAZIER OWNER 1 OF 4 2 g* Do hereby consent or agr q, with rMy/atir, s, nature beJov t o th closino of the alley and/or ir street described below: s= �- (insert the legal description of the street or alley requesting to be closed) (&fote: i;property is in two names by the word "anon" both signatures are required, ie: Jim and .fans Doe. It if is in "or" only one signature is required, ie: Jim or Jame Doe. is company, 1,17e Registered Agent or PresidentlManagers name and attach Sunbizxorn t information) Signatur ol�rty Ov ner 4 Signature of Property Owner Ml Printed Nafne Printed Name STATE OF COUNTY OF _ `�L�S ED- Tire 'foregoing instrument was acknowledged before me this A, 1 . r C~ 1 (date) �--k-- by r L,who is personally known to me or who prorJ�tced� as identification and who did (did not) take oath, � 0 (Notary Public signature) Commission No. (Name of Notary typed, printed or stamped) �,,P AN, NI%M Pubkc StatO o1 Mr'da 7 GuRis �R�h1y Commlns.att FE• 24055 �,sreaazrttsnosg 0 FRAZIER OWNER 1 OF 4 WARRANTY aCra - I ; R8 N306 11AMCO ►aRM as Ittatllw. Tw 1Nalalw phis warran.tg ' Deed Made the 5th Jay of April A. D. 19 85 Ely 2EDRA B. GOOLSBY heminafler called tiro grantor, to , 14AULYN J. •r'2i AZiER whilse postal//ce address is 1811 S.W. 2nd Avenue, Okeechobee; FL .33472 _ herefnaftrr caner{ the grantee: ° do .0 ihr we th.4A.in, kr.l riprs.entnnt+ add �..usm �! F�� dwlr� a,M tb.d ,urtru.•r1 saaura. d tcrpar.tie..s , ft)ti ZdJ(gle$$Qth: Thnf the gmnfor. for and to consideratfon of file slim of S 1.0.00 mad outer : o9 voluohle conaftft•rattons, :errlp! toh,mcif Is hereby arbnomlydgrd, hereby groats, bnrga itr, sells, alirm. re- mists, releases. conveys and confirms unto the firantee, all that certain land Aluale to Okeechobee 5 County: f 61da, 1.1__ Lots 3, 4,- 5, and 6, Black.33, FIRST ADDITION TO SOUTH OKEECHOBEE, according to the plat thereof recorded in Plat Book 1, Page 17, Public- Records of Okeechobee - Cotm ty, ' Florida. Subject to restrictions, reservations, covenants, and easements of recor8. r„ ' k.ULWd►ENTIeitY 57spk'IP_Zu LF of .. • . r_ tfR 525�,�'`►ttl� i>r �. V FF h }'' �- ySi1X aft f�t! tenements. +cdlighcrits and apptutenances thereto belonging or in any - wla aito(nta • L . '. to if r r/re ylsna en-ZeorNjr[w vet. Al11{ he a.aai(or Ii ye6y cotronont `urtth said"oronl that the:::>Ko rfar is latwftdly seized aJ said land in foe simple: Ilia !'•: (io ai.. has right a»d fora/ aas6a141p, iidizi d cvntrrY sold land: that [ire . praetor 6ert6q ftdiq tifotran�t: in; saiii-1 td a,sf wiU dcf gd;(Lo soz--:� rrsf (he lawful c aaim, of t If persons whomsosnt►'iu�d IXnt sold .Iota=u fee `1 enill3iiiFit6ricaly_ ereept::taxes scenting aabsrquen! . to liacember TI. 19B4. '`wsr�s..�?:u«.:' is •�; c� :�. .. VL CHE A,, xis 's � I F It aU0 ' B g APR n; N In 'Witness her i aa,d „ mar ` : r ' i'aad h�,If- t�3,;�e q and q.a first ab000 urrfifen_ :.?I=IIG�' ......11'-"'w".`�• ' C f Sign sealed and cituerrd 1n our"psraor32a: f r, v Zedra B. GOois ' -At• l _ Is an ' STATE OF FLORIDA COUNTY OF 11,•>:V OMCHOBES 1 HERESY CERTIFY that an this daq, brlan: me, an offerer duly' ` �"• ' • ■albGriced in the Stare aforesaid and in the, County aforesaid to take • arrcrwrkdamrtw, penoaaUy apptwed .. ...... sN�itt�r,,r 2MRA B. GOOLSBY • _ ,^�,to']i1•e'ip 'y be the won dtstriled in sad who aecutrd the . . _ « 91" utktraSCkstt and he arknorl�dard More me that •be ESS m fund and afrityal seat in the County and r ,.•.y ry ' % s•�aL t tljtate lase aforesaid this _ day of ' April A. D. 1985. Ato -ry Pts6fic, Statee&o�f Florida at Large 71rh Imfruilieft!PrriwIrl"Py nN�iPu6�c State D! Florida Ili (esEa RETUR TO My Commisswn Espies May 17, 1986 i N.I Barber, Manager, Okeechabce Abstract Campani 32f2 N. W. 3rd I,- Okeechotre FC 33472, as a neeet. MURPHY ALLEY AND/OR STREET CLOSING CONSENT LETTER OWNER 2 OF 4 TO: City of Okeechobee I/We, sl_ AKD i'ASS�E M.01 DN\1 (insert name(s) of the owner(s) name. person(s) who is signing the letter of consent) own the following property: cif (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: i :F I�X1-� �C��, l �� 1� " 11_-�'�t 1F= (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) AAA�O—NLAA�? Signature of Property Owner SignVure of PropArty6Dwner Printed Name STATE OF COUNTY 0s51 e mukiO4Ly Printed Name � I The foregoing instrument was acknowledged before me this y l �t� C�.c A,-Vk C Gt o c.Q- Vv�u vl (date) —�� r who is personally�icnown to me or who produced identification and who did (did not) take oat,-,. (Seal) 41 DCjF (Notary Public signature) as Commisi; ALMA L ROSA MY COMMISSION # GG037716 ?o. EXPIRES October 11, 2020 (Name of No 1111pe) ared by and return to: Patricia A. ltagon Clear Title & Legal Services 202 NW 5th Street Okeechobee, FL 34972 863-824-6776 File Number: 3047-17 Above This Line For Recording fill € R BK 8t31 P 3 4r�.4F1 SHARON ROBERTSON, Ci:£Ri(& COM - EFL OKEECHDSEE CQ1DiTY, FLORIDA RECORDED 01/31/2018 09:21:18 AM AnT 812o•000.00 RECORDING FEES $18.5o DEED DOC $840.00 RECORDED BY F Conner Pss 1444 - f445; (2 Pss) MURPHY OWNER 2 OF 4 Warranty Deed. This Warran �"�h day of January, 2018 between Justin T. Dixon, a single man whose post office address is 28fAvena-Forf 1'rce;?L 34947, grantor, and Csssie N. Holt and John Holt, wife and husband whose post office : is #709 SW 3rd!6t;ii t� Okeechobee, Fi 34974, grantee: *nm 1'a� s: (assie iivalel iy a c3 Cain , husband and wife (Whoever h=e the tams grate,and 'g�,tat a u c al! the pmties to this insicum�att and the heirs, legal rtpr and assigns of individuaLs,;l{gd tba sugcaors and assigns ofgons. tnsst an3 tnlsoxs) WtinessOM thafsaid grantor,, for andA-Comida �uf sum of TEN AND N0/100 DOLLARS ($10.00) and other good and v83uabie dto s gam hand peed by'said grantee, fire receipt whereof is hereby arl�owledged, has granted, med, and ss d o & said, > and gt�tbee :jieirs and assigns forever, the following dmxflbed land, hitch CoyFtidasituate, lying and'fcjtQ , to- ieits .11;<std 1 Black AFiii' ADDITIODIO SQiT 012EliQBEE, aaeording to the plat thereof, recorded in Plat: oak s Page 17, Page I of C Geechobe"' County, Florida. Parcel Identification Subject to; covenants, any. Together with all the tenements, hereditaments and To Have and to Hold, the same in The And the grantor hereby covenants with said gib grantor has good right and lawful authority to sell an land and will defend the same against the lawful encumbrances, except taxes accruing subsequent to E grantors 46md of said said land; that the grantor hereby ifi if all persons whomsoever, and it 31, 2017. In Witness Whereof, grantor has hereunto set grantor's hand and seal the of record, if in the J� 11101111111111111111111 �� � a ". FILE r 20i8005191 OR BK 951 DATE: 04/17/2018 01=26=l4 PH SHARON ROBERTSON CLERK & CORPTROLLEE. OKEECHOBEE COUNTY, FLORIDA RECORDING FEES $18.50 RECORDED BY ti Pinon Pss 1951 - 1952; (2 pas) DoubioTitnen Signed, seated and delivered in our presence: R � RIM .- .C-oil 0 State of Florida County of MURPHY OWNER 2 OF 4 10 g The foregoing h* 46iimeni W atclmi��riedged before me thi V— day of January, 2018 by Justin T. Dixon, who [ j is personalty knuvvn or [>3ias pro !.driver's license as identification. <; Notary Public AoiAR Y PUB VVV-: T OOFuF`a V... Dk-A&�,LAf1 /i & Wa 11Y Deed - Page 2 Double7lrrtee FAITH CHRISTIAN OWNER 3 OF 4 ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We, 1�--A 1 01 i P-1 5 P /A 0 U- ire 6,11 - 0 Jf (insert name(s) of the owner(s) name. person(s) who is signing the letter of consent) oww the following pr} permit V 1 j- �- t e , " (insert the Ie d description of the property,'. Do hereby consent or agree, with my/our signature below, o theVosin/ g f h Ile nd/or street described below. �' E�,l�P /..S1 / �` `r ! "M (insert the legal description of the street or alley requesting to be closes (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 ignature of Property Owner - �n Printed Name STATE OF M ' COUNTY OF! The foregoing instrument was acknowledged before me this (, - (date) by C11,VrCPi j(n 1`lu l� l L� Il % l��l (i- who is personally known to me or ho produ�tl I �a,=�J7c, as identification and who did (did not) take oat . (Seal) (Notary Public signature) Commission N ' MY COMMISSION # 0-037716 ' EXPIRES cta er 1 1 2n_0 (Name of Notary ed FAITH CHRISTIAN OWNER 3 OF 4 0420 N�T 1385 Documentary Stamps paid in the amount M S n__ Gass C Intangible Tax uatd trw the a,raure of $ - SharOr Rooertsen, Caerk of CtfcuR C,7.,rt tea IDNmoner 3-28-37-3S-0t}56-00364-0070/0C390 Otweeeno ,tea^.f, flan' cameo dt 7Trt 65-0439465 �a e: Warranty Deed This Indenture, Made this 9thday 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 otlhecountyct Okeechobee I smteot Florida , grantor, end FAITH CHRISTIAN CENTER OF OKEECHOBEE, INC., a corporation existing under the laws of the state of Florida whmaddmuis: 1803; akt><<3rd.:.Avenue, Okeechobee, Florida 34974 of the Counryof ,'D eec..ksss 'e<; <;:. ' slue or Florida ,grantee. Witnesseth ktidi the Gii�C'MR. fora W.jj ccnsi; .ration of the sum of — — — — — — — — — — — — — — tQ/ 100 ($ 10.00) — — — — — — — — — — DOLLARS, aad other goodc vIVWAAle oansidemtion e#.,GRti\'(QR it, headpid 6y GRANTEE, the rtcipt.heeeof is hemby=Wowledged, hss granted, b� wail: bid to the said GR 'iiad GRA..'iFES-sncccuon gad assigns Comer. the following desenbed land, :;twu.h;neiuwhciRg,ethec�ntyof Okeechobee;;�;�ibmeise;l-lorida trivic Lots a10 and 10, 13l v3�, -:A DITION TO SOUTH OKEE E... .. C i" Accor t 'the at'ti rdpf recorded in Plat Book 1, Page=.1,7, pir�T18!: 6q s o `Okeeche�,,beek;County, Florida. Subject to":resti'r ctiAs, . if any, which are not re3 December 31st, 1998. tionB?> anc>{easements of record, here , "Jj d. xes subsequent to ClrsfytllT'."l,'•OU and the z=tur does hcmby rutty wamot ah. tie. to said Lana and edi`aq(S,git the ame against Lawful r W ms of all pets= wMb In W1100S Whereof, the Vwtor has beteuato set his hand and wl the day wad yt r rant abgye Stoned, sealed and delttremd to our presettm OKEECHOBEE FLORIDA CONGREGATION,. —.OF JEHOVAW S WITNES ES,skINC`3" afC' By: ]� l scat ) � EVA MAE CONELY HAROLD A. THIA 'W'Wt ' Wi es p.o. Add. S2sb H;gttway 70 West, OINIM W 2 Al TO STATE OF FLORIDA (corporate R COUNTY OF OKEECHOBEE E 7- furep>ias iowtumeat new admowaw bcfom the this " 9th day of April, 1999 by ,F HAROLD A. THIBODEAU, President of OKEECHOBEE FLORIDA CONGREGATION OF U JEHOVAH'S WITNESSES, INC., ■Florida cmponom. R on bchWaf the mtpmeom He ha, produced kk Florida driver's lice se r idea N Thk DOCUM&I PMPzMd W 70a[p mlB�.Y, m EVA WE COMMY 'i' E'mt�dYSL`0!�*Y,�sti SYtx COH6IY Q 7R7K7Y.adTSiYB$r O?101:0eraltrti�tl0 14- NOQ'ARYPUBM R � 'a"�'"~"�s ��e nyo>orwld.lrvi-C 12/12/00 10;4/2018 Detail by Entity Name Gi.'ie:cn :; Cora.:,<,zr::;as FAITH CHRISTIAN OWNER 3 OF 4 Department of State / Division of Corporations / Search Records / Detail By Document Number / Detail by Entity dame Florida Not For Profit Corporation RESURRECTION LIFE WORLD OUTREACH CHURCH, INC. Filing Information Document Number N93000003143 FEI/EIN Number 65-0439465 Date Filed 07/14/1993 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 11/12/2015 Event Effective Date NONE Principal Address 1803 SW 3RD AVENUE OKEECHOBEE, FL 34974 Changed: 02/15/2000 Mailing Address 10795 SW Civic Lane Port Saint Lucie, FL 34987 Changed: 07/16/2018 Registered Agent Name & Address Khourie, Donnelyn 8032 Kiawah Trace Port Saint Lucie, FL 34987 Name Changed: 07/16/2018 Address Changed: 09/10/2018 Officer/Director Detail Name & Address Title President Donnelyn, Khourie 8032 Kiawah Trace Port Saint Lucie, FL 34987 http://search.sunbiz.org/Inquiry/CorporationSearch/Sea rch ResultDetail?inquirytype= Entity Name&directionType= Initial&searchNameOrder=FAITHCHR... 1/3 HOWARD ALLEY AND/OR STREET CLOSING CONSENT LETTER OWNER 4 OF 4 TO: City of Okeechobee I/We,. z)E:C .3/E e--T- iv-D Kw -A V , 7140 u.)A (insert name(s) of the owner(s) name, person(s) who is signing the letter of consent) own the following property: L_Or6 1 A- , B— ck 2.62, F7 P-si (insert the legal description of the property) Do hereby consent or agre ith my/our si nature below, the XM/ ing of the alley and/or street described below: t� � i �� j , C-- z (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 Printed Name STATE OF COUNTY OFC.�� The foregoing instrument was acknowledged before me this d ;�L,910 who is personally known me who produced as identification and who di U(did.) take oath , (Seal) �� S (Notary Public signature) Commission Alwp�Hrts'�C�agA MY COMMISSION # GG037716 N� EXPIRES October 11 qn->n (Name of Notary yfed; PEgpared by and return to: .Joseph E. Altschul, Esq. Trinity Title & Escrow, LLC 1911 N.W. 150th Avenue Suite 204 Pembroke Pines, FL 33029 954-556-4923 File Number. 17-0631 Parcel Identification No. 3-28-37-35-0050-0036"010 Above This Line For Recording Warranty Deed •< o; l: `:,., , _ (STATUTORY FORM - SECTION 689.02, F.S_) ., firs f ••�,tJ. This Indent€rtre ma. tl4`Hiis 6i&'1t'0yL?ctober, 2017 between Sharon Robertson, a single woman whose post office address is 243(1 S.W....,— st Court, .iGii l ghee, FL 34974 of the County of Okeechobee, State of Florida, grantor*, and Delbert Horfard a$ Donna V. I>h Silva,: joint tenants with the right of sarviversitip, and not as tenants in common whose posh<bffice 3dress is I80 <S.W $d Avenue, Okeechobee, FL 34974 of the County of Okeechabee, State of Florida f OR BK 796 PG 1861 SNAROH ROZERTSOt4-, CLERK L MPTRt1LLER OKEECMBEE DONTYs FLQRIM RECORDED 10/10/2017 01.01-53 Pll ANT SMOYOOD.00 RECORDING FEES $18.50 DEED DOC $1 t 120.00 RECORDED BY n Pinon Pas 1861 - 1862; (2 vss) HOWARD OWNER 4 OF 4 WitnessM that sitid..grantorft and'. CconsideM, 66 `o`>331ie' m of TEN AND NO/IOQ DiJLLARS ($10.00) and other good and vaItrable cons iCi sad grantgt m band part�by' sad grantee, the receipt whereof is hereby acknowledged, has granted, bacgaidand d to .fie saidrantce, and gra3tees _liens and assigns forever, the following described land, situate, lying and In'dkeecho4e, County, Florida, to-vyat :. Lots 1 and 2,.Block 36, ft ADDITION Tdkum OfOWC6AEE, according to the map or plat thereof as recorded itolat*oak 1, Page;.)€', PabliRecortis of Okttiecebee County, Florida. .;; Subject to taxes for 2017" sttd s pent cov'"Mts,tt ttio reservations and limitations of reeer>L if savf Together with all the tenements, hereditaments and To Have and to Hold, the same in fee simple forever And the granter hereby covenants with said :litat th,t E11 grantor has good right and lawful authority to sefl d convey said land; land and will defend the same against the lawful= *of all pers encumbrances, except taxes accruing subsequent to D 1,2016. - "Grantor' avri "Graatee" areuses for singular er In Witness Whereof, grantor has hereunto set grantor's hand and sa DcubleTtmao Signed, seded and delivered in our presence: Witness Name. 'Witness Name,: HOWARD OWNER 4 OF 4 1 0 44, State of Florida County of Broward The foregoing j=ume gMKVpnowledged before me this 6th day of October, 2017 by Sharon Robertson, who LI is personally bum driver's license as identification. [Notary S Notary Public w Printed Name: Commission Expires: L PENCE 0, 2019 Warranty Deed (Statutory Form) - Page 2 DoubleTIM06 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: 2:.Right.of way to be vacated is not the sole access to any piopei ter; and the remaining. access is not an easement: 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). "ey'�'�c`�.«,'"'• a `i.V3;,'s _, . ` i� e=c ; :s3a� 4•s'z'.��: ��`?b��-mac yt:�.�^`:n .".�..�� �'+' � �».7 �•iE. �S1:.y:-J y� F i =>> as:^t N' •_ )u :.1.ii Ert� uai:i Gis 2?:? i}3.[7 fLns i'.'. tf:Z :6:355viiF^ vt:(.t .:,t:iyi.'3•.i@3 :`;r :LtC71'Ct: .i-tE:t •.':ttS. 1G it.ut�t��,�L rtS "silvc must he Maned and iI71f!•tl W,S a U."ItaCt 52(g her rin—each- ptt-e3ab• i Irc?Er pi! ( Fit_•. �� 1'•lW �n �o i .; t: � I..t�` 1 C.:..Y �� y � C:l � i � •`, `- 1 ra62 .2wnr pq4�� 5`3467-379ff 2-!�jl rta: sac: ac Signature !ype d Nsmw � E ftS: (•4tvrtr e. _t tz: n ,mac-�`{—_'3� J �j f � (LlilC.j t?•�I:Lf". !1J: .�G• -RG=ice 6J lei i --'7�tS � � i hu , ,dzea 52gi;a le � peg i at c ZTttrt 7Ct;ii 7 ?� ea lo. 0�{ 1l YY••;; y 1 k s ^ i t ,��— rA.._.. F rlTt J�i^i rcf�v?-Gw;r�fr- �i�lllil!t(:'!''If �.,LWtlill: Tyyta� Si:i . e A- Time ' PhalletG. LvSC f �$wScro:lG? �r� : s.G.i'i3.%e'."✓ _ Fes= i Eit3if32�LCTG._.... .... .yiGt.. tt 4:1_:.�5:.�•�.T�.'62l :�3�}.j. ...._`' i,-2=•' t k :� :. ^•ILr�t„ -76"s=3C66 ti. tr:•r_�� �:'? :` " . •� ra.'sc _-`t_k 4t'liij£it: i, fw-L. �� • i zG� vr6'r-='i'sl�^.�� �=`'� _.Y' ! �;s�,5_'7,~_.•'�����,:� t1;rr�? _i ! • • �•y.- ,%. �• � is ' •' i r' E'er � � ��.�"' . p �rS:.zY' „ `� it'L � I�r- ..- :?e :i=eel \{_✓fttR t✓ ftiis Zia, Vale t•. ���! G: � � t`� >,`{r �.? rD +l f ';A�f;F 3umm L+'lm FOP. cmv or. oxi :4 mes S. -"lpm ' p teulnin c tri r OF W.FA%ifMU S2JS3}t'ti:�FGtFtS ' •ZL �ii:7vrt�t.31t �ifi• � S.i$T7:c M^ ?.•J to Jam•" f j f? - _-i'-••^'�� - ' r t' i..... � G • ld�=- r' i3- -; S-3t5 .... s � � i :•mot � 'i= ca. ; . • _• `: .. --mot z :�__ E (. .._._ .. _._ __ �: i `3•-• .ram t_.. Anti oT.-b-�7��;En—atur� `s Y. N=L A 7,S!c Nv. S7aYr- OKEECHOBEE UTILITY AUTHORITY 100 SW 5th Avenue Okeechobee, Florida 34974-4221 (863) 763-9460 FAX: (863) 467-4335 January 23, 2018 Re: Abandonment of City Right -of -Way in that portion of SW 18"' 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 OKEECHOBEF? as described above; however, the north half (20 feet) of 18`h 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,_ �2hn F. Hayford Executive Director, OUA El W-7 -f- J11-1-Z /—/P—,57' ADDITION ra ,-IOUTI-i oKeect-loone, CITY or Olr,-&C1fo,&4t-. OWtCMi5C�` ,7W771 W I'LOOD,2 Staff Report Right -of -Way Abandonment/Street Closing Prepared for. Applicant. Petition No.: a.� - UH el 1375 Jacc.en Sheet 9 2ab fart Myers; FL 339011 The City of Okeechobee Delbert & Donna Howard 1 S-002-SC (Unimproved R/W of SW 98th St. between SW 2nd and 3rd Avenues) Staff Report Street Closing Request Applicant's: Delbert & Donna Howard Petition No. 18-002-SC 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). Generall Information Delbert & Donna Howard Applicant 1804 SW 2nd Avenue Okeechobee, FL 34974 Site Address The east -west unimproved right-of-way of SW 18th Street between SW 2nd and 3rd Avenues Contact Person Delbert & Donna Howard Contact Phone Number 954-416-9674 and 321-662-8088 Contact E-mail Address donnavdasilva@yahoo.com PropertyI.egall Description of Subject A 40-foot road depicted as Eleventh Street (on plat AKA SW 18th Street) lying 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 Characteristics of the Subject Property Future Land Use Map Classification Zoning District Use of Property Acreage LaRu, pianni.ng Existing Single -Family Residential Proposed Single -Family Residential RSF 1, Residential Single -Family RSF 1, Residential Single -Family Vacant, unimproved street RNV 12,000 sf (0.28 acres) Uses associated w/adjacent properties 12,000 sf (0.28 acres) Staff Report Applicant's: Delbert & Donna Howard Street Closing Petition No. 18-002-SC . . T. The subject of the abandonment/vacation, the 40' by 300' vacant, unimproved right-of- way of SW 18th Street outlined in and the land uses in the vicinity are shown below on the aerial photograph from the Property Appraiser's office. Ofc„ Jab _S�_ 'Olt r a irLA, • 1 L�� 2 ptanning Staff Report Applicant's: Delbert & Donna Howard Street Closing Petition No. 18-002-SC The distribution of the proposed abandonment among the four adjoining properties is shown on the graphic below sVV 18th St. l Murphy I 1104 `W .;rtj AK a j c e sw Uth St. `..�".�.._. rHoward f 16 A SLV :nd Av I s { (Apphcant) e H C (i N------------------- 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. Consistency 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 Segos Print pt-an€�uu� Staff Report Street Closing Applicant's: Delbert & Donna Howard Petition No. 18-002-SC REQUIREMENT STAFFCOM,4fEWY There rs nothi;gg /n Me O? y' CompreAensive Plan concernhig abandono lent/vacation. of 1. Proposed vacation is consistent with alleys T/'e Fact that all Me lands border-ing the Comprehensive Plan. Me alley carry Me same Future Land and Zonri& designations situp/rFes Me situation "Yes." and improves Me chances Mat any Future development wi%l continue to be compatible with surrounding propertles 2. Right-of-way to be vacated is not the sole access to any property, and the As can be seen in Me preceding aerlW remaining access is not an pAotograpA, all properties adjo/nr�zq Me easement. proposed vacation Gave access from eittier "See documentation." SW znd or SW .3rd Avenues None of Me east -west riyAts-oF--way between SW znd and SW 3rd Avenues south of 17M Street Aave been hmproved to 3. Proposed vacation is in the public Facilitate vekular traffic except SW ,21st interest and provides a benefit to the Street wk/ A provides access to Me City. development west oFSW 5M Avenue. "Closing the road does not affect any /t sAould be noted that /t appears that Me citizen by closing of proposed vacation. FaIM CAr/stian Center Aas a/ready ut//ized Also puts road back on the tax roll!" some of tAe R/W for its Fenced /n outdoor play area. TAe only benefit to Me Oit t rs returning Me rigtit-of-way to Me C/ty tax rolls TAe Applicant Aas subm/tted Letters oFMo Object/on or Uti%/ty Company Author&ations From FP&L, CenturyL/nk, Comcast, and 4. Proposed vacation would not OUA. However, OUA requ/r es Mat Me jeopardize the location of any utility. north Aa/f oF18tA Street n-,ust be reserved as an easement w/tti OUA granted "See attached documentation." unrestr/cted ,24 -Dour acces>; wlM OUA berg responsible only For restorat/on of seed/mulcAlsod /n the event work rs requ/red on Me water ma/n. L11RIaC planning Staff Report Street Closing Recommendation Applicant's: Delbert & Donna Howard Petition No. 18-002-SC 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 1 st Reading: February 5, 2019 City Council 2d Reading and Public Hearing: February 19, 2019 L:,r„1 pianning MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY, NOVEMBER 15, 2018,10:00 A.M. CITY OF OKEECHOBEE 55 Southeast 31d 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-Ofcio 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 tho 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 2nd 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 18m 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 Staffs 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 21 It 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. Buildinq 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 1811, 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. 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 ATTEST: Marcos Montes De Oca, Chairperson Patty M. Burnette, Secretary TRC - November 15, 2018 - Page 3 of 3 DECEMBER 20, 2018 - PLANNING BOARD - PAGE 2 OF 5 AGENDA ACTION -DISCUSSION • VOTE VI. OPEN PUBLIC HEARING -Chairperson. CHAIRPERSON HOOVEfz OPENED THE PUBLIC HEARING AT 6:04 P.M. A. Abandonment of Right -of -Way Petition No. 18-002-SC, to vacate a Abandonment of Right -of -Way Petition No. 18-002-SC, to vacate a portion of Southwest 18ih Street between I portion of Southwest 18th Street between Southwest 2nd and 3m Avenues Southwest 2nd and 3rd Avenues (approximately 300-feet by 40-feet), lying between Lots 6 and 12 of Block 33 and j (approximately 300-feet by 40-feet), lying between Lots 6 and 12 of Block Lots 1 and 7 of Block 36, FIRST ADDITION TO SOUTH OKEECHOBEE, Plat Book 1, Page 17, Public Records, 33 and Lots 1 and 7 of Block 36, FIRST ADDITION TO SOUTH Okeechobee County. OKEECHOBEE, Plat Book 1, Page 17, Public Records, Okeechobee County (Exhibit 1). 1. Review TRC Recommendation - approval with special conditions. 2. Hear from Property Owner or Designee/Agent - Delbert and Donna Howard. Chairperson Hoover yielded the floor to Planner Brisson, who explained the Applicants, Delbert and Donna Howard, are requesting to abandon the unimproved right-of-way. They own Lots 1 and 2 of Block 36 and Faith Christian Center of Okeechobee Inc. owns Lots 7 and 8 of Block 36. Marilyn Frazier Revocable Trust owns Lots 5 and 6 of Block 33 and Carl and Cassie Murphy own Lots 11 and 12 of Block 33. All the adjoining property owners have no objection to vacating the Right -of -Way. The Petition was reviewed at the November 15, 2018, Technical Review Committee Meeting, a recommendation was made for approval with the following special conditions: Okeechobee Utility Authority (OUA) requires the North half of Southwest 18'h 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; the City of Okeechobee Public Works Department requires an access easement for the entire portion of Southwest 18th Street and a copy is needed of the agreement between the property owners on the West side of the Right -of -Way closest to Southwest 3m Avenue. Planning Staff is recommending approval based on the following responses to the required findings. The property is designated Single -Family Residential on the Future Land Use Map (FLUM) and Residential Single Family One on the Zoning Map. It is not the sole means of access to any property. All adjoining or nearby properties have access via Southwest 2nd or 3rd Avenues. None of the East-West Right -of -Way between Southwest 2nd and 3,d Avenues South of 171h Street has been improved for vehicular traffic except for Southwest 2151 Street which provides access to the development West of 5th Avenue. It should be noted it appears Faith Christian Center of Okeechobee Inc. 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 all utility companies. However, OUA requires the North half of 18th Street be reserved as an easement with OUA being granted unrestricted 24-hour access; with OUA being responsible only for restoration of seed/mulch/sod in the event work is required on the water main. Chairperson Hoover asked whether the oropertv owner or designeelagenl wished to speak. Deibert and Donn Howard were present and available for questions. There were none. DECEMBER 20, 2018 — PLANNING BOARD -PAGE 3 OF 5 - AGENDA -- ACTION DISCUSSION -VOTE PUBLIC HEARING ITEM CONTINUED. A. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary for Petition No. 18-002-SC continued. 4. Disclosure of Ex-Parte Communications by the Board. 5. a) Consider a recommendation to the City Council to approve or deny Petition No.18-002-SC. b) Board discussion. c) Vote on motion. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 18-002-SSA, from Single -Family Residential to Commercial, on 0.321± acres located at 410 Northwest 01 Street, Lots 7 and 8 of Block 105, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records, Okeechobee County (Exhibit 2). 1. Review Planning Staff Report — recommending approval Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. The Petition was advertised in the local newspaper, two signs were posted on the subject property and courtesy notices were mailed to twenty three surrounding property owners. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the Petition or visited the site. There were none. Motion and a second offered by Members Baughman and McCreary to recommend approval to the City Council for Abandonment of Right -of -Way Petition No. 18-002-SC, to vacate a portion of Southwest 181h Street between Southwest 2^d and 3,d Avenues (approximately 300-feet by 40-feet), lying between Lots 6 and 12 of Block 33 and Lots 1 and 7 of Block 36, FIRST ADDITION TO SOUTH OKEECHOBEE, Plat Book 1, Page 17, Public Records, Okeechobee County with the following special conditions: OUA requires the North half of Southwest 1811, 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; the City of Okeechobee Public Works Department requires an access easement for the entire portion of Southwest 181h Street and a copy is needed of the agreement between the property owners on the West side of the Right -of -Way closest to Southwest 3rd Avenue. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER —YEA MCCOY—YEA BATTON—ABSENT BAUGHMAN—YEA BRASS —YEA JONASSAINT—ABSENT MCCREARY—YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for February 19, 2019, 6:00 P.M. Comprehensive Plan Small Scale FLUM Amendment Application No. 18-002-SSA, from Single -Family Residential to Commercial, on 0.321± acres located at 410 Northwest 41h Street, Lots 7 and 8 of Block 105, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records, Okeechobee County. Planner Brisson reviewed the Planning Staff Report and explained the maximum standard density allowable in the Single -Family Residential Future Land Use Category is four units per acre. Maximum development potential is one single-family unit. If the existing building were to be demolished, the practical maximum development potential of the subject parcel would be a two-story office building, if the required parking could be made available. The property is To Whom It May Concern: We, Carl and Cassie Murphy (Lots 11 and 12, Block 33 First Addition to South Okeechobee) have reached a mutual agreement with our neighbor- Faith Christian Center of Okeechobee (Lots 7 and 8, Block 36 First Addition to South Okeechobee) if/when road closure, (Eleventh Street on plat AKA SW 181h Street lying between blocks 33 and 36 on plat of First Addition to South Qkeechobee) is granted. %'/G'��za��r- l_ l ��_�(JS- 1/ {`lam✓�.,L.� Signature of Property Owner Signature of Property Owner Carl Murphy Printed Name STATE OF U✓1C ci COUNTYOF Cassie Murphv Printed Name jolq The foregoing instrument was acknowledged before me on this &A I f G!�'►mv (date) by 0I 1celerP�� 1 (11uh� Who is personally known to me or who produced E(QridA- briVe(J b0erlSP l 0: as DI b10- 114-99-835-1 06',Ss/e Nicole ITILL41"k1 identification and who did (did not) take oath. I n6 (0— (a0—g�--0V-0 Carl Mu-rPhY (Seal) E ,r ryL Notary Public State of Florida `�' Patty M Sumette < My Commission GG 008157ef�d� Expires 10102/2020 - 0e.1 � • (3.urrtZ� (Notary Public Signature) Commission No. (�� DOES 15-7 —_ (Name of Notary Typed, Printed or Stamped) Exhibit 3 ORDINANCE NO. 1179 Feb 5, 2019 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM CENTRAL BUSINESS DISTRICT TO HEAVY COMMERCIAL ZONING DISTRICT (PETITION NO. 19-001-R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Steve Lipofsky of Southeast Investments, Inc. has heretofore filed Petition No. 19- 001-R, on behalf of the property owners JMass Management, LLC; David R. Watford; and 205 N. Parrot Ave. Holdings, LLC, pursuant to the Land Develocment Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of approximately 1.72 acres from Central Business District to Heavy Commercial, and that this request be removed from the boundaries of the above -mentioned Zoning District to allow for the processing of the rezoning Petition; and WHEREAS, said Petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the Applicant, that such Petition is consistent with the Comprehensive Plan; and WHEREAS, said Petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on January 17, 2019, determined that such Petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds Petition No. 19-001-R to be consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth. NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1: LEGAL DESCRIPTION. The following described land consisting of approximately 1.72 acres, as the subject property, located in the City of Okeechobee, to -wit: PARCEL 1: LOTS 1 THROUGH 4, INCLUSIVE, OF BLOCK 156, TOWN OF OKEECHOBEE, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT ALSO BEING RECORDED IN PLAT BOOK 1, PAGE 10 AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; TOGETHER WITH PARCEL 2: LOTS 7, 8, 9, AND 10, OF BLOCK 156, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; TOGETHER WITH PARCEL 3: LOTS 11 AND 12, OF BLOCK 156, OF THE TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10 AND REPLATTED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2: ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property to be changed from Central Business District to Heavy Commercial. Ordinance No. 1179 Page 1 of 2 4�1161MINEEDESIZIVw[o 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 become effective immediately upon adoption. INTRODUCED for First Reading and set for Final Public Hearing on this 5th day of February, 2019. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CIVIC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 19th day of February, 2019. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor Ordinance No. 1179 Page 2 of 2 City of Okeechobee Date: I'V oe M LV Cfjl aolg Petition No. j {-QQ(- General Services Department Fee Paid: 910,00Jurisdicticn: 55 S.E. 3`d Avenue, Room 101 1 Hearing: (_ ('� _ ( 2" Hearing: Okeechobee, Florida 34974-2903 Publication Dates: Phone: (863) 763-3372, ext. 9820 Notices Mailed: I -a - Fax: (863) 763-1686 Rezone, Special Exception and Variance, APPLICANT INFORMATION 1 Name of property owner(s): Please see attached 2 Owner mailing address: Please see atttached 3 Name of applicant(s) if other than ownerSteve Lipofsky,PE c/o Southeast Investments,lnc. 4 Applicant mailing address: 2655 North Ocean Drive Ste. 401 Singer Island, FL 33404 E-mail address: slipofsky@thefer bercompany.com 5 Name of contact person (state relationship): 6 Contact person daytime phone(s):904-285-7600 PROPERTY INFORMATION Property address/directions to property: NWC Park Street & 2nd Ave Okeechobee, FL 34972 7 Describe current use of property: Vacant Land, Parking lot and two out parcel buildings. 8 Describe improvements on property (number/type buildings, dwelling units, occupied or vacant, etc. 9 Proposed 6,119 SF Wawa convenience store with gas sales, Supporting parking and landscap Source of potable water: City water a Method of sewage disposal: City Sewer 10 Approx. acreage: 1.72 1 Is property in a platted subdivision? )/e3 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: 11 12 Is a pending sale of the property subject to this application being granted? Yes Describe uses on adjoining property to the North: 13 North: East: South: West: 14 Existing zoning: commercial Business Dist. Future Land Use classification: Heavy Commercial District 15 Have there been any prior_ rezoning, special exception, variance, or site plan approvals on the property? (ONo ()Yes. If yes provide date, petition number and nature of approval. 16 Request is for: (_) Rezone U Special Exception Variance 17 Parcel Identification Number: 3-1537-35-0010-01560-0070, 3-15-37-35-0010-01560-0090, 3-15-37-35-0010-01560-0110.3-15-37-35-0010-01560-0010 (Rev 9/2017) Page 1 of 11 REQUIRED ATTACHMENTS 18 Applicant's statement of interest in property: Construct Wawa convenience Store Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $30/acre; Variance: $500 19 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B 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. 20 Last recorded warranty deed: 21 Notarized letter of consent from property owner (if applicant is different from property owner) Three property surreys (one no larger than 11 x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number 22 b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date Steve Upofsky, PE 12/3/18 For questions �4ati ng to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 9/2017) Page 2 of I rrSohl. -IF -JTL L E IN- 55 Glades r Engineering FL, LLC 05E a255 Glades Road, Suite 305E Boca Raton, FL 33431 E NV G I N E E R I N G PHONE 561.571.0280 WAWA GASOLINE SERVICE STATION & CONVENIENCE STORE Northwest corner of NW Park Street & NW 2"d Avenue Rezone Criteria Narrative The proposed site is located on the northwest corner of NW Park Street & NW 2nd avenue. A 6,119- square foot gasoline service station/ Convenience Store and Restaurant, along with 6,055-square foot canopy 16 Vehicle fueling positions and supporting infrastructure will be placed on the site and will integrate the current development and design standards set forth by the City of Okeechobee. The existing site consists of a two story 7,392 SF retail building, a 1,232 SF tire store and a parking lot. The existing site has been in operation in the last 5 years. Per coordination with Okeechobee Utility Authority, the city will provide sufficient capacity to provide water and wastewater services to the site and a written statement from the utilities department has been obtained in a form of a will serve letter to confirm it. Sign off for the relocation of the main lines have been provided, as required for the alley abandonment. Additionally, a new 20-foot easement will be provided with the relocated water and sewer mains running through the site which will be necessary for the installation and maintenance of a potable water service transmission system and the Gravity Sewer MHs and main lines, which will meet all applicable health and environmental regulations. All fees required to be paid for water and sewer contribution and all other charges shall be paid when required. Fire protection services will be provided on the site to protect people and the property in the proposed development. A fire hydrant will be placed south of the building located within a landscape island. A pathway has been designed meeting the minimum turning radii requirements to allow adequate access for a fire truck to access the site and connect to the proposed fire hydrant. Fire hydrants shall deliver adequate pressure for the site. The development will be consistent with the city's comprehensive plan by integrating the future land use, transportation, infrastructure and conservation elements into its design. All drainage and retention for the project shall be in accordance with applicable governmental regulations. A traffic study has been provided, demonstrating that the traffic generated by the proposed development can be accommodated on the regional transportation network at an acceptable level of service and meeting the concurrency requirements of the City of Okeechobee. Wawa is often described as a restaurant that sells gasoline. It provides its patrons with a convenient stop for fresh, built -to -order foods, beverage, coffee, fuel services, free air and surcharge free ATMs. All of Wawa's stores offer a large fresh food service selection, including Wawa brands such as built -to -order hoagies, fresh brewed coffee, hot breakfast sandwiches, built -to -order specialty beverages, and an assortment of soups, sides and snacks. Based on the breakdown of area uses within a Wawa store, approximately 55.8% of the total building square footage is used for the restaurant only, while approximately 17.1% is used for the convenience store area. The Project seeks to redevelop these lots with a vibrant, state-of-the-art commercial use that will serve the surrounding community. CIVIL AND CONSULTING ENGINEERS • PROJECT MANAGERS • SURVEYORS • ENVIRONMENTAL CONSULTANTS • LANDSCAPE ARCHITECTS WWW.BOHLERENGINEERING.COM ry BOHLER L E N C I N E E- R I N G City of Okeechobee 12-18-2018 Page 2 of 3 Findings Required for Granting a Rezoning or Change in Land Development Regulations 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. Response: Proposed rezoning is consistent with the Okeechobee Comprehensive plan with the approval o: a special exception. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Response: Proposed use applied for is listed specifically as a special exception to Heavy Commercial Zoning.. 3. The proposed use will not have an adverse effect on the public interest. Response: Proposed use will benefit public interest through providing a gasoline service station located centrally to two major thoroughfare roads, and providing job opportunities to the public. The site is being designed to minimize traffic and visual impacts to the public. Additionally, while providing its patrons with a convenient stop for fresh, built -to -order foods, beverage, coffee, fuel services, free air and surcharge -free ATMs, and providing additional jobs to the community. Wawa offers employee ownership and college reimbursements to employees and promotes community involvement, often getting involved with local charities. 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. Response: The site is located one block west of the intersection of two principal arterial roads integral to through traffic carrying goods and passengers between major cities. A fuel station located at this site will not only confine through traffic to the area nearest their intended route but encourage extra trips to local businesses by these patrons. 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. Response: The proposed use will improve value of existing lots and bring the site to conformity with current city code to improve visual aesthetic of the site, and compliment adjacent property. 6. The proposed use can by suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. Response: A 10' buffer on all exterior sides planted in excess of the City's min standards, as well as a 2' strip on interior sides is being provided for conformity with the Town's code, which has been landscaped with hedge vegetation to provide 24" of screening at time of planting. Overall as many trees that could be planted have been provided, attempting to reduce mitigation trees. CIVIL AND CONSULTING ENGINEERS • PROJECT MANAGERS • SURVEYORS • ENVIRONMENTAL CONSULTANTS • LANDSCAPE ARCHITECTS WWW.BOHLERENGINEERING.COM City of Okeechobee2-18-2018 BOHLER12-18-2018 IL E N G I N E E R IN G Page 3 of 3 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Response: Response: The proposed use will minimize impact to the SR-70 frontage street by providing full access on minor side streets. Full access will distribute: traffic such that no local road will be overburdened; and the removal of existing access on SR-70 will prevent backup of through traffic on this road. A traffic study has been provided that demonstrates the concur-rency requirements have been met for the City of Okeechobee 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Response: The site has been designed to meet or exceed drainage requirements for applicable drainage code and criteria set forth by, but not limited to,. SFWMD FDOT, and the City of Okeechobee, A combination of swales and underground vaults will provide adequate stormwater treatment and storage. Positive legal discharge will be provided through an FDOT outfall connection to the SR70 drainage system improving upon the existing condition that currently discharges down all existing driveways with no existing retention or underground vaults with existing water treatment requirements not being met. Coordination has been made with FDOT to remove existing access on SR-70 reducing potential traffic issues. A traffic study has been provided that demonstrates an acceptable level of service and meeting the concurrency requirements of the City of Okeechobee. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. Response: The proposed use is free from unnecessary restrictions. CIVIL AND CONSULTING ENGINEERS • PROJECT MANAGERS • SURVEYORS • ENVIRONMENTAL CONSULTANTS - LANDSCAPE ARCHITECTS W WW.BOHLERENGIN EERING.COM f'�=ADDITIONAi:INFO'_........'.`TIONREQUIIDFO:RAREZONING, '< ., A Current zoning classification: commercial Business District Requested zoning classification Heavy Commercial District Describe the desired permitted use and intended nature of activities and development of the property? B Proposed Wawa gas station, convenience store, & restaurant, which includes a coffee shop area and two air compressor parking spaces and an outdoor sealing area. Is a Special Exception necessary for your intended use? ([::]) No (M Yes If yes, briefly describe: C Yes required for gas stations. Is a Variance necessary for your intended use? (W No (D Yes If yes, briefly describe: D No variances known of aL this time. Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as E contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips and level of service on all adjacent roadway links with and without the project. F Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below. Attach additional sheets as necessary. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. Proposed rezoning is consistent with the Okeechobee Comprehensive plan with the approval of a special exception. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Proposed use applied for is listed specifically as a special exception to Heavy Commercial Zoning. 3. The proposed use will not have an adverse effect on the public interest. Proposed use will benefit public interest through providing a gasoline service station located centrally to two major thorough fare roads, and providing job opportunities to the public The site is being designed to minimize traffic and visual impacts to the public Additionally, while providing its patrons with a convenient stop for fresh, built -to -order foods, beverage, coffee, fuel services, free air and surchargcfree ATMs, and providing additional jobs to the community. Wawa offers employee ownership and college reimbursements to employees and promotes community involvement, often getting involved with local charities. 4. The proposed use is appropriate for the location proposed,. is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The site is located one block west of the intersc;:tion of two principal arterial roads integral to through traffic carrying goods and passengers between major cities. A fuel station located at this site will not only confine through traffic to the area nearest their intended route but encourage extra trips to local businesses by these patrons. 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. The proposed use will improve value of existing lots and bring the site to conformity with current city code to improve visual aesthetic of the site, and compliment adjacent property. (Rev 9/2017) Page 6 of 11 Findings required for rezoning or change in land development regulations (cont.) 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 A 10' buffer on all exterior sides planted in excess of the City's min standards, as well as a 2' strip on interior sides is being provided for conformity with the Town's code, which has been landscaped with hedge vegetation to provide 24" of screening at time of planting. Overall as many trees that could be planted have been provided, attempting to reduce mitigation trees. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and The proposed use will minimize impact to the SR-70 frontage street by providing full access on minor side streets. Full access will distribute traffic such that no local road will be overburdened; and the removal of existing access on SR-70 will prevent backup of through traffic on this road. A traffic study has been provided that demonstrates the eoncurrency requirements have been met for the 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The site has been designed to meet or exceed drainage requirements for applicable drainage code and criteria !;et forth by, but not limited to, MIND FDOT, and the City of Okeechobee, A combination of swales and underground vaults will provide adequate shrrmwater treatment and storage. Positive legal discharge will be provided through an FDOT outfall connection to the SR70 drainage system improving upon the existing condition that currently discharges down all existing driveways with no existing retention or underground vaults with existing water treatment requirements not being met. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use is free from 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. (Rev 9/2017) Page 7 of 1 I TPA BOHLER Owner Lists Jmass Management, LLC 180 NW 3" Ave Suite A Okeechobee, FL 34972 David R. Watford 200 NW Park Street Okeechobee, FL 34972 205 N Parrot Ave Holdings, LLC 850 NW Federal Hwy Suite 206 Stuart, FL 34994 Bohler Engineering FL, LLC 2255 Glades Road, Suite 305E Boca Raton, FL 33431 PHONE 561.571.0280 CIVIL AND CONSULTING ENGINEERS - PROJECT MANAGERS • SURVEYORS • ENVIRONMENTAL CONSULTANTS • LANDSCAPE ARCHITECTS WWW.BOHLERENGINEERING.COM TM -- �€ B5 Glades Engineering LLC BOHLER2255 Glades Road, Suite ile 305E Doca Paton, EL 33431 ,> ? Pi G T1 11 E F— 1: 3 i-T G PHONE 561.571.0280 Legal Descriptions LEGAL DESCRIPTION (PARCEL 1) LOTS 1 TROUGH 4, INCLUSIVE, BLOCK 156, TOWN OF OKEECHOBEE, ACCORDING TO THE MAP OF PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT ALSO BEING RECORDED IN PLAT BOOK 1, PAGE 10 AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LEGAL DESCRIPTION (PARCEL 2) LOTS 7, 8, 9, AND 10, BLOCK 156, CITY OF OKEECHOBEE, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE(S) 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LEGAL DESCRIPTION (PARCEL 3) LOTS 11 AND 12, BLOCK 156, OF THE CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10 AND REPLATTED in PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA CIVIL AND CONSULTING ENGINEERS • PROJECT MANAGERS • SURVEYORS • ENVIRONMENTAL CONSULTANTS • LANDSCAPE ARCHITECTS WWW.BOHLERENGINEERING.COM Staff Report Rezoning Request Prepared for The City of Okeechobee Applicant: Southeast Investments, Inc„ Petition No.: 19-001-R LaKUe 0 1375 Jackson Sheet # 206 Fort Myers, FL 33901 Staff Report Applicant: Southeast Investments, Inc. Rezoning Petition No. 19-001-R General Information 205 Parrott Ave. Holdings, LLC 2740 SW Martin Down Blvd., #247, Palm City, FL 34990 Owners David R. Watford, 200 NW Park St., Okeechobee, FL 34972 Jmass Mgmt., LLC, 180 NW 3rd Ave, Ste A, Okeechobee, FL 34972 Applicant Steve Lipofsky, PE (Dir. of Retail Services.) Site Address Northwest corner of Park Street and NW 2nd Avenue Contact Person Steve Lipofsky Contact Phone # 561-625-9125 Contact E-mail slibofsky@theferebercompany.com Legal Description of Subject Property Identification numbers: 3-15-37-35-0010-1560-0070; 3-15-37-35-0010-1560-0090; 3-15- 37-35-0010-1560-0110; 3-15-37-35-0010-1560-0010 PARCEL 1: LOTS 1 THROUGH 4, INCLUSIVE, BLOCK 156, TOWN OF OKEECHOBEE, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT ALSO BEING RECORDED IN PLAT BOOK 1, PAGE 10 AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PARCEL 2: LOTS 7, 8, 9, AND 10, BLOCK 156, CITY OF OKEECHOBEE, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE(S) 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PARCEL 3: LOTS 11 AND 12, BLOCK 156, OF THE CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10 AND REPLATTED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Request The matter before the Local Planning Agency and City Council is an application to rezone a 75,017 square -foot (1.72 ac) property from CBD, Central Business District, to CHV, Heavy Commercial. The current and proposed Future Land Use designations, zoning, existing land uses, and acreage of the subject property and surrounding properties are shown in the following tables and on the maps on pages 7 through 9. t_:,hI- planning Staff Report Applicant: Southeast Investments, Inc. Rezoning Petition No. 19-001-R ,Current Future Land Use, Zoning and Existing Land Use Chariicteristics Future Land Use Map Classification Zoning District Use of Property Acreage Existing Commercial Proposed Commercial CBD, Central Business District CHV, Heavy Commercial Commercial retail, service and office space uses, vacant land, and parking 75,017 sf (1.72 acres) Wawa convenience store with fuel pumps, and including a restaurant and coffee shop with both indoor and outdoor seating. 75,017 sf (1.72 acres) Future Land Use, Zoning, and Existing Uses on Surrounding Properties Future Land Use Map Classification Commercial North Zoning District ., „ , CPO, Commercial Professional Office Existing Land Use First Methodist Church Future Land Use Map Classification Commercial East Zoning District CBD, Central Business District Existing Land Use Walgreens Future Land Use Map Classification Public Facilities South Zoning District PUB, Public Use Existing Land Use City Park Future Land Use Map Classification Commercial West Zoning District CBD, Central Business District Existing Land Use Advance Auto Parts Future Land Use Map Classification Commercial Adjacent Zoning District CBD, Central Business District Northwest Existing Land Use Professional Offices I-A.I. 2 planning Staff Report Rezoning Analysis Applicant: Southeast Investments, Inc. Petition No. 19-001-R Section 70-340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has provided brief comments to each of the required findings. These are repeated below in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments are shown in this Arial typeface. 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "Proposed rezoning is consistent with the Okeechobee Comprehensive plan with the approval of a special exception." Staff Comment: The requested rezoning is consistent with the Comprehensive Plan. The request involves a zoning change to CHV which is a zoning district specifically cited in the Comprehensive Plan as appropriate for a property designated Commercial on the Future Land Use Map (FLUM) 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. " "Proposed use applied for is listed specifically as a special exception to Heavy Commercial Zoning." Staff Comment: The applicant is proposing several uses for the site. Both the restaurant and the convenience store are specifically listed as permitted uses in the proposed CHV zoning district. However, a convenience store with fuel pumps is listed as a special exception use in that district. The applicant has applied for a special exception use to be reviewed concurrently with this rezoning request. 3. The proposed use will not have an adverse effect on the public interest. "Proposed use will benefit public interest through providing a gasoline service station located centrally to two major thoroughfare roads, and providing job opportunities to the public. The site is being designed to minimize traffic and visual impacts to the public. Additionally, while providing its patrons with a convenient stop for fresh, built -to -order foods, beverage, coffee, fuel services, free air and surcharge -free ATMs, and providing additional jobs to the community. Wawa offers employee ownership and college reimbursements to employees and promotes community involvement, often getting involved with local charities." Staff Comment: We agree that the provision of fuel, convenience store goods and food is a benefit to the community. However, the proposed uses are higher intensity than the current uses, will generate an increase in vehicle trips, and are likely to have some minimal impacts on the surrounding uses. However, the location on SR 70, one block off US 441, is an appropriate location within the City, and there should not be any adverse impacts on the greater public interest. LaK,, planning Staff Report Rezoning Applicant: Southeast Investments, Inc. Petition No. 19-001-R 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. "The site is located one block west of the intersection of two principal arterial roads integral to through traffic carrying goods and passengers between major cities. A fuel station located at this site will not only confine through traffic to the area nearest their intended route but encourage extra trips to local businesses by these patrons." Staff Comment: The applicant is requesting to rezone from CBD to CHV. The subject property is surrounded by CBD, CPO and PUB, with no other CHV properties immediately adjacent. The existing uses on the immediately adjacent properties include a Walgreens, professional offices, Advanced Auto Parts, and the First Methodist Church. Across SR 70 to the South is city -owned park property. The requested CHV zoning and proposed uses are slightly more intense than the surrounding zoning designations and existing uses, though the proposed use is not out of character with the SR 70 commercial corridor. It is important to note that the applicant proposes to operate 24 hours per day, but that should not affect the adjacent land uses as there are no existing residential uses in the surrounding area that will be disturbed by nighttime operations. The adjacent church is a semi-public use that should not be affected other than a potential moderate increase in traffic. 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. "The proposed use will improve value of existing lots and bring the site to conformity with current city code to improve visual aesthetic of the site, and compliment adjacent property." Staff Comment: Since there is no surrounding residential, there should be no adverse effects on living conditions; and it is difficult to predict the effects on property values. However, the proposed site plan and landscape plan are nearly completely in compliance with City Land Development Code and the proposed use should not deter 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. "A 10' buffer on all exterior sides planted in excess of the City's min standards, as well as a 2' strip on interior sides is being provided for conformity with the Town's code, which has been landscaped with hedge vegetation to provide 24" of screening at time of planting. Overall as many trees that could be planted have been provided, attempting to reduce mitigation trees." Staff Comment: The applicant is providing landscape buffering in accordance with City Land Development Code with the exception of the west side of the building and the loading zone. This deficiency is outlined in the site plan review and a recommended condition of site plan approval is that a 2 foot landscape strip should be added between the building and the loading zone. LA, planning Staff Report Rezoning Applicant: Southeast Investments, Inc. Petition No. 19-001-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The proposed use will minimize impact to the SR-70 frontage street by providing full access on minor side streets. Full access will distribute traffic such that no local road will be overburdened; and the removal of existing access on SR-70 will prevent backup of through traffic on this road. A traffic study has been provided that demonstrates the concurrency requirements have been met for the City of Okeechobee." Staff Comment: The applicant is not proposing a residential use. There will not be any increase in density at the subject property. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The site has been designed to meet or exceed drainage requirements for applicable drainage code and criteria set forth by, but not limited to, SFWMD FDOT, and the City of Okeechobee, A combination of swales and underground vaults will provide adequate stormwater treatment and storage. Positive legal discharge will be provided through an FDOT outfall connection to the SR70 drainage system improving upon the existing condition that currently discharges down all existing driveways with no existing retention or underground vaults with existing water treatment requirements not being met." Staff Comment: The proposed site plan does not contain any drainage deficiencies and public safety should not be affected by the proposed uses. However, the proposed uses will generate an increase of vehicle trips at the site and there is a remaining queuing issue raised by the City traffic consultant. It is recommended that the Applicant should quantify the existing queue on NW 2nd Avenue to ensure that there is no back-up onto SR 70 as vehicles attempt to turn into the Wawa. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The proposed use is free from unnecessary restrictions." Staff Comment: We agree. bKol planning Staff Report Rezoning Applicant: Southeast Investments, Inc. Petition No. 19-001-R Based on the foregoing analysis, we find the requested rezoning to CHV to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore, we recommend approval of the Applicant's rezoning request. Submitted by: Wm. F. Brisson, AICP Sr. Planner January 9, 2019 Planning Board Public Hearing: January 17, 2019 City Council Public Hearings: February 5, 2019 and February 19, 2019 Attachments: Future Land Use, Subject Site & Environs Zoning, Subject Site & Environs Existing Land Use, Subject Site & Environs L. KI- 5 planning Staff Report Applicant: Southeast Investments, Inc. Rezoning Petition No. 19-001-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS NW 2nd St. NW Park SLISR 70 COMPREHENSIVE PLAN LANE) USE ( -) .31 N r_z L E -FAMILY ( A 'MUL'7; - FAMILY COMMERCIAL INDJST-RI L �V DUBLIG FACILITIES RED, D=-4TIAL MIXEI% ! i L_aKf- 7 planning Staff Report Applicant: Southeast Investments, Inc. Rezoning Petition No. 19-001-R ZONING SUBJECT SITE AND ENVIRONS NW 2rtd St. Q co Z N Z NW Park SUSR 74 ZONING . C6D-C.AMMl 8;.31?LESSDWRIC- ■ C1-V -;fEMY CCM!M ERCI#L CLT - UGH7 COMMER ClAL CPO - COMM PROFESSICm,, H - gGLO Nu M - INOLSTMAL PUB - PUBLIC FACUTIES PUD-1Mtx_o PUf3-? RM.; - RES.DENT AL 113E L=-C'-.'= R3F" -- RE3 3EIMAL Sj?,GU= FAW :_r RSF`-REa:;E47AL S1&3LE PAM :r ! eA L-K�- ptanning 8 Staff Report Applicant: Southeast Investments, Inc. Rezoning Petition No. 19-001-R EXISTING LAND USE SUBJECT SITE AND ENVIRONS 14 "B .� � >wCNi(►t}� ����i�l �'+u. . -.. � � a� J�' _ it First Mead ist dJ • — _ } _ .auk . _ 1 Si1EUK-T' or soft Am ! ' -Auto- Parts 1F 7 3. Park At --fps L.K... 9 planning Rezoning Petition No. 19-001-R Planning Board Meeting Motion and a second was offered by Members Baughman and Jonassaint to recommend approval to the City Council for Rezoning Petition No. 19-001-R, from Commercial Business District to Heavy Commercial for Lots 1 to 4 and 7 to 12 of Block 156, OKEECHOBEE, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, containing 1.72± acres located in the 200 block of Northwest Park Street, for the proposed use of a convenience store with fuel pumps. Exhibit 4 Feb 5, 2019 ORDINANCE NO. 1180 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING CERTAIN ALLEY OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 156, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee General Services Department received Abandonment of Right -of -Way Petition No. 19-001-AC submitted by Southeast Investments, Inc., on behalf of the property owners, 205 N.PARROT AVE.HOLDINGS, LLC; JMASS MGMT, LLC; and David R. Watford, for the closing of a certain alleyway as described in this Ordinance; and WHEREAS, the City of Okeechobee Technical Review Committee reviewed and discussed Petition No. 19-001-AC at a duly advertised public meeting held on January 17, 2019, and recommended approval; and WHEREAS, Petition No. 19-001-AC was reviewed and discussed by the City of Okeechobee Planning Board at a duly advertised Public Hearing held on January 17, 2019, and determined such Petition to be consistent with the Comprehensive Plan, and recommended approval; and WHEREAS, the City Council reviewed Petition No. 19-001-AC and finds it to be consistent with the Comprehensive Plan, is not the sole access to any property, is in the best interest of the citizens, provides a benefit to the City of Okeechobee, and would not jeopardize the location of any utility; and WHEREAS, there are existing utility services above or below this alleyway which require access and maintenance, and reservation of easements to secure access to the alley as necessary until the effective date of this ordinance; and WHEREAS, the granting of the Petition will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: The unimproved, dedicated alleyway described hereafter and as shown on Exhibit A, is hereby closed, vacated, and abandoned by the City of Okeechobee, Florida to -wit: THAT 15-FOOT WIDE ALLEY RUNNING EAST TO WEST BETWEEN LOTS 1 TO 6, AND LOTS 7 TO 12 OF BLOCK 156, CITY OF OKEECHOBEE, PLAT BOOK 5, PAGE 5, PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA. Ordinance No. 1180 - Page 1 of 4 SECTION 2: The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive easement for public utility proposes as described and shown on Exhibit B labeled as "Easement Exhibit' in and over the vacated portion of alleyway between Lots 5 to 6, and 7 to 8 of said Block 156; an 18.00-foot by 18.91-foot area on the East end of said Block 156, between Lots 1 and 12; and relocation of easements for Florida Power and Light, Comcast, Okeechobee Utility Authority, and a proposed Florida Public Utility easement. SECTION 3: The proposed easements set out on Exhibit B will be supplemented by subsequent recorded easements setting forth the precise location of the re- located utility easements. SECTION 4: The City Clerk shall cause a certified copy of the Ordinance to be recorded in the public records of Okeechobee County, Florida. SECTION 5: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: 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 7: Effective Date. This Ordinance shall be set for Final Public Hearing the 19th day of February, 2019, and shall take effect upon easements provided on Exhibit B, excluding the proposed easement for Florida Public Utility, are recorded in the public records of the Clerk of Circuit Court, Okeechobee County, Florida. INTRODUCED for First Reading and set for Final Public Hearing on this 5th day of February, 2019. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 19th day of February, 2019. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor Ordinance No. 1180 -Page 2 of 4 ORDINANCE NO. 1178 - EXHIBIT A The following excerpt is from the City of Okeechobee Future Land Use Map to identify the portion of alleyway to be abandoned as requested by Petition No. 19-001-AC. B O 4 3 2 1 0- #' 124 123 x B 9 10.11 12 1 BI Mi ILL •I 1 LU N. = FZ. , 1 LU 139 140, r-...". FA K K = T tJ E Petition #19-001-AC 1 Alley in Block i j �_ , approximately 15x300 feet S,W. 2 NO ST a • 2� S_W- 3 RD ST Ordinance No. 1180 - Page 3 of 4 ORDINANCE NO. 1180 - EXHIBIT B EASEMENT EXHIBIT Ordinance No. 1180 - Page 4 of 4 PAGE 1 ABANDONMENT OF RIGHT-OF-WAY PETITION CITY OF OKEECHOBEE General Services Department 55 Southeast 3rd Street Okeechobee, Florida 34974 tt63-763-3372 X 9820 Fax: 863-763-1686 PETITION NO. 11-()01-AL Application fee (non-refundable) Date Fee Paid: I C9 -5— 1 0 Receipit No: ��0 $600.00 Note: (Resolution No. 98-11) Schedule of Land TRC Meeting: 1-7- Publication Date: j0'.00!•!� Letters Mailed: IYA Development Regulation Fees and Charges When the cost for advertising publishing and mailing notices of public hearings exceeds the P13/130A Meeting: Publication Dates: n Letters Mailed: ! �?-I City Council 1st Reading: G1 CMR Letter E-mailed: established fee, or when a professional consultant is hired to advise the city on the City Council Public Hearing: Publication Date: ,- _,� application, the applicant shall pay the actual costs. 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: Please see attached. 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 Harnrick 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: The purpose of the Right of Way abandonment is to allow for the joining of several adjacent parcels into one large parcel to facilitate a Wawa. PAGE 2 PETITION NO. IMI-U- N% Name of property owner(s): Please See attached Owner(s) mailing address: Owners) a -mail address: Owner(s) daytime phone(s): Fax: Required Attachments Copy of recorded deed of petitioner as well as any other property owner whose property 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 Request 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) 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) II -,( I Confirmation of Information Accuracy II 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 30 days and may result in the summary denial of this petition. l — Steve Lipofsky, PE 12/3/18 Signature Printed Name Date 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. Prop osed vacation is consistent with the Comprehensive Plan: The proposed Wawa which consists of a gas station, convenience store, and restaurant, aligns with the comprehensive plan for both future land use as Commercial and we will be rezoning to Heavy Commercial. The majority of the surrounding blocks, neighboring the project site to the North. South, East and West also share the same future land use as commercial with zoning as commercial business district. In order to construct the Wawa at this location, the ally way must be vacated, exactly how both Walgreens and CVS to the East of the project site, had previously been approved to do and constructed. Additionally, the Wawa compliments these two pharmacies as far as land use and compatibility. 2. Right-of-way to be vacated is not the sole access to any property, and the remaining access is not an easement: The right of way to be vacated will not provide access to our project. Additionally the right of way being vacated is not the sole acces to either of the properties that will remain to the NW. 1Pro osed vacation is in the public interest andprovides a benefit to the City: This vacation provides a major benefit to the City by bringing an attractive restaurant with out door seating, gas station with with E free gas and free air for car tires, and convenience store with it's own coffee shop. The state of the art ordering system and spacious layout both inside and out, allows for traffic to continuously flow through and help get customers on their way This location compliments the surround area and the park providing services to both road drivers, boaters, and pedestrians at the park. 4 Proposed vacation Would not jeopardize. the location of any utility. As seen in the attached utility design and coordination with all utility providers, this project and the vacation of the ally does not jeopardize any of the existing utilities, but actually brings the water and sewer in too better standards that allign with DEP requirements for seperation and slopes that are currently not being met, by getting better spacing between water and sewer and increasing the Gravity Sewer's pipe size. Additionally the new layout 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). CITY OF OKEECHOBEE RIGIIT-OF-WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It rnnct hP sioned and Hated with n rnntart nnmhPr fnr Pnrh nPrcnn_ Florida Power & Light p L C1 .P F i 863-467-3721 or -T o g 4— k t L)J L t o Donna Padgett E ` , N-,-�Z A 863-467-3708 i 4•1L 1 Authorized Signature V Typed Name & Title Phone No. Date Embarq d/b/a Century Link 407-814-5318 Victoria Buchner victoria.buchner(@centui:3 k.con Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863-763-2824 107 NW 711, Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford 863-763-9460 100 SW 5th Avenue —%L19 d2hwi,e Typed Name & Title Phone No. Dat4 *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Gil Culbreth, Co -Trustee 863-763-3154 Authorized Signature Typed Name & Title Phone No. Date c OKEECHOBEE UTILITY AUTHORITY September 24, 2018 Re: ABANDONMENT OF RIGHT-OF-WAY PETITION — WAWA Station — Block 156, Lots 1-4 and Lots 9- 12, City of Okeechobee The Okeechobee Utility Authority (OUA) has no objection the Right -of -Way Abandonment Petition, described as that portion of right-of-way between lots 1-4 and lots 9-12, Block 15G CitV of Okeechobee, provided the property owner relocates existing water and sewer lines at his/her own expense and corresponding easements, (15 ft. wastewater, 10 ft. water) are provided to the Okeechobee Utility Authority. oh F. Hayford, E ecut' erector, UA Date CITY OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. must be siened and dated with a contact number for each person. Florida Power & Light 863-467-3721 or Donna Padgett 863-467-3708 Authorized Signature Typed Name & Title Phone No. Date Embarq d/b/a Century Link 407-814-5318 Victoria Buchner victoria.buchner(@centurvlink& m Pat Provost Busines Analyst 11/1/18 Authorized Signature Typed Name &Title Phone No. Date Comcast Cable 863-763-2824 107 NW 71h Avenue Authorized Signature Okeechobee Utility Authority John Hayford 863-763-9460 100 SW 51h Avenue Typed Name & Title Phone No. Date Authorized Signature Typed Name & Title Phone No. Date *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Gil Culbreth, Co -Trustee 863-763-3154 Authorized Signature Typed Name & Title Phone No. Date Jonah Weaver a From: Jonah Weaver !lent: Thursday, November 1, 2018 12:52 PM To: 'Provost, Patrick' :subject: RE: Proposed Development at NWC NW Park St (SR-70) & NW 3rd Avenue Thanks Patrick, From: Provost, Patrick <patrick.provost@centurylink.com> 'lent: Thursday, November 1, 2018 12:25 PM To: Jonah Weaver <jweaver@bohlereng.com> Subject: RE: Proposed Development at NWC NW Park St (SR-70) & NW 3rd Avenue The below should serve as notification of us not having anything there and should be sufficient to obtain permits but I filled out the signature line under the Centuryl-ink person (who is not me by the way, no idea who they are either) on the attached form anyway. Thank you, Pat Provost Business Analyst, OSP Relocations Century Link '1025 El Dorado Blvd Broomfield, CO 80021 p: 720.888.4686 e: oatrick.orovost oncenturvlink.com Office Hours 7:00 AM to 3:30 PM MST >c� C6r1:ui'yUnk Please send all initial requests to NationalRelo@centurylink.com to ensure visibility by the department. From: Jonah Weaver <iweaver bohlerenp,.com> 'lent: Thursday, November 01, 2018 10:09 AM To: Provost, Patrick <patrick.provost@level3.com> Cc: Christopher Rogers <crogers@bohlereng.com>; Tyler Hoorn <thoorn@bohlereng.com> 'subject: Proposed Development at NWC NW Park St (SR-70) & NW 3rd Avenue Hi Patrick, Thanks for getting back to us. In light of there not being any facilities in the project limits, would it be possible for you to review the attached Alley closing document and add notes as needed with a signature? The project is moving forward and we will be submitting the application soon. I appreciate your time. Let me know if you have any questions. Thank you Jonah Weaver I Project Engineer � L� :V;VAT v t{L'tRii t:t 2255 Glades Road, Suite 305E I Boca Raton, FL 33431 P: 561-571-0280 1 M:561-569-0906 1 iweaver@bohlereng.com www.BohlerEngineering.com Confidentiality Note: This e-mail, and any attachment to it, contains confidential information intended only for the use of the designated recipients, which information may also be privileged. If the reader of this e-mail is not the intended recipient the document has been received in error and any use, review, dissemination, distribution, disclosure or copying of this message is strictly prohibited. If you have received this e-mail in error, please notify the sender via reply e-mail and immediately delete this e-mail from your system. From: Provost, Patrick <patrick.provost@centurylink.com> Sent: Wednesday, October 31, 2018 11:27 AM To: Tyler Hoorn <thoorn@bohlereng.com> Subject: RE: Proposed Development at NWC NW Park St (SR-70) & NW 3rd Avenue Tyler, CenturyLink Communications, LLC (National Fiber Optic longhaul/metro network) has received your utility notice. After reviewing the information you provided it has been determined that CenturyLink does not have facilities within the scope of the Project. Therefore it will not be necessary for CenturyLink to relocate or adjust the facilities. Any changes or additions to the Project plans or parameters should be submitted to CenturyLink for review of potential new impacts to the CenturyLink facilities. Please reference the file number 120564 with any future communications. Please make certain that you coordinate with your local Call Before You Dig program to identify any other utilities in the area of your project. Please be sure to Always include NationalRelo@centurVlink.com on all future project notifications/utility records inquiries sent to CenturyLink Communications, LLC to insure a timely response. Thank you, Pat Provost Business Analyst, OSP Relocations Century Link 1025 El Dorado Blvd Broomfield. CO 80021 p: 720.888.4686 e: patrick.proyost(aicenturyllnk.com Office Hours 7:00 AM to 3:30 PM MST ConmryUnk Please send all initial requests tO relo@centurylink.com to ensure visibility by the department. From: Tyler Hoorn <thoorn@bohlereng.com> Sent: Monday, September 10, 2018 11:26 AM To: NationalRelo <NationalRelo@centurVhnk.com> Cc: Christopher Rogers <cragers@bohlereng.com>; Chris Lall <clall@bohlereng.com> Subject: Proposed Development at NWC NW Park St (SR-70) & NW 3rd Avenue Good afternoon, Attached is a PDF that contains a concept plan for a proposed development at the Northwest Corner of NW Park Street (SR-70) and NW 3rd Avenue in Okeechobee, FL. Based on our due diligence, we have located an alleyway spanning from NW 3rd Avenue to NW 2nd Avenue, denoted in red in the PDF. Per the proposed development, we intend to request to abandon the existing alleyway and will need to relocate any utilities located within. As a part of the process, we are required to complete the New Street or Alley Closing Application that is also attached. This application needs us to get an authorized signature. Therefore, we are interested in setting up a meeting to discuss the steps that we will need to take to satisfy any potential comments associated with the abandonment. Please let me know if you require any further information for this request. Thank you very much, Tyler Hoorn, EIT j BOHLER eX R E t f X fl 2255 Glades Road, Suite 305E I Boca Raton, FL 33431 13:561-571-0280 1 thoorn(@bohlereng.com )Nww.BohlerEngineering.com Confidentiality Note: This e-mail, and any attachment to it, contains confidential information intended only far the use of the designated recipients, which information may also be privileged. if the reader of this e-mail is not the intended recipient the document has been received in error and any use, review, dissemination, distribution, disclosure or copying of this message is strictly prohibited. If you hove received this e-mail in error, please notify the sender via reply e-mail and immediately delete this e-mail from your system. This communication is the property of CenturyLink and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. This communication is the property of CenturyLink and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful, If you have received this communication in error, ;please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. CITY OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light 863-467-3721 or Donna Padgett 863-467-3708 Authorized Signature Typed Name & Title Phone No. Date Embarq d/b/a Century Link 407-814-5318 Victoria Buchner victoria.buchner@)centtirylink.com Authorized Signature Typed Name & Title Phone No. Date Comcast Cable Af Affifttlil y )Qcjc,4% 6T uOuld 863-763-2824 yt dt PA& t b0 ' PIC 107 NW 71h Avenue tyl:C:A dri OR /YtiY41Lh H� r . 77Z 321- 374 12, Authorized ign e Typed Na(ine 'fitl Phone No. Dat s�laJe�Io'l So )sort Okeechobee Utility Authority John Hayford 863-763-4460 100 SW 5eh Avenue Authorized Signature Typed Name & Title Phone No. Date *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Gil Culbreth, Co -Trustee 863-763-3154 Authorized Signature Typed Name & Title Phone No. Date Springsteel, Anthony From: Jonah Weaver <jweaver@bohlereng.com> Sent: Monday, December 3, 2018 5:53 PM To: Springsteel, Anthony Cc: Christopher Rogers; Steven Lipofsky Subject: [EXTERNAL] FW: Alley Closing City of Okeechobee Attachments: New Street or Alley Closing Application.pdf Categories: Green Category Tony, Below is the response from the developer. You can also add in the notes of the petition the conditions you require as discussed. Let me know if you need anything else. Thanks again From: Steven Lipofsky <slipofsky@ferbercompany.com> Sent: Monday, December 3, 2018 5:34 PM To: Jonah Weaver <jweaver@bohlereng.com> Cc: Christopher Rogers <crogers@bohlereng.com> Subject: RE: Alley Closing City of Okeechobee The developer is fine with paying for these costs as part of the project. Let me know what: else you/they need to sign off. Thanks Steve Lipofsky, PE I Director, Retail Construction Services The Ferber Company, Inc. 12655 North Ocean Drive, Suite 401, Singer Island, Florida 33404 slipofsky@ferbercompany.com I Office 561.210.9105 1 Cell 772.215.0125 From: Jonah Weaver <iweaver@bohlereng.com> Sent: Monday, December 3, 2018 5:25 PM To: Steven Lipofsky <slipofsky@ferbercompany.com> Cc: Christopher Rogers <crogers@bohlereng.com> Subject: FW: Alley Closing City of Okeechobee Steve, See response from comcast below. From: Springsteel, Anthony <Anthony Springsteel@comcast.com> Sent: Monday, December 3, 2018 5:04 PM To: Jonah Weaver <iweaver@bohlereng.com>; mary <marv@chobeecomm.com> Cc: Christopher Rogers <crogers@bohlereng.com>; McEnroe, Jeannine <JEANNINE MCEPIROE@comcast.com>; Johnson, Rick <Rick Johnson@comcast.com> Subject: RE: Alley Closing City of Okeechobee Jonah, As per our conversation, every relocation request is case by case and dictated by the configuration of the existing plant. I will work on finalizing the cost estimate for you but as of what was walked out today you would be looking at approximately $1,333.76 in labor and $250.00 for design/as-built cost to relocate the existing aerial fiber and coaxial plant to the west to the pole line on NW 3" Ave. We will also need to relocate the existing power supply as well to the west, the cost for the labor, material and permit for this would be approximately $3,000.00. The total estimated amount would be approximately $4,583.76. If you should have any questions or concerns please let me know. Thank You Anthony Springsteel Construction Supervisor Comcast Cable 3960 RCA Blvd Suite 6002 Palm Beach Gardens, FL 33410 Office (561) 804-0973 Cell (561) 321-3425 Fax (561) 454-5899 From: Jonah Weaver <iweaver@bohlereng.com> Sent: Monday, December 3, 2018 4:34 PM To: Springsteel, Anthony <Anthony Springsteel@cable.comcast.com>; mary <marv@chobeecomm.com> Cc: Christopher Rogers <crogers@bohlereng.com>; McEnroe, Jeannine <]eannine mcenroe@cable.comcast.com> Subject: [EXTERNAL] RE: Alley Closing City of Okeechobee Tony, Attached is the Utility plan with Fiber and Cable separated with separate conduits and pull boxes. There is approximately 350 ft of fiber and cable with two pull boxes for each run, totaling 4. They are in the shared easement with electric. I'll give you a call to discuss From: Springsteel, Anthony <Anthony Springsteel@comcast.com> Sent: Monday, December 3, 2018 8:57 AM To: Cameron Cutting <ccutting@bohlereng.com>; mary <mary@chobeecomm.com> Cc: Christopher Rogers <crogers@bohlereng.com>; Chris Lall <clall@bohlereng.com>; Jonah Weaver <iweaver@bohlereng.com>; McEnroe, Jeannine <JEANNINE MCENROE@comcast.com> Subject: RE: Alley Closing City of Okeechobee Jonah, Attached is the Comcast design print for the area in question for the new WaWa's. Mike/Mary Can you get me a cost estimate for the need work for the relocation of the node and power supply in the alley. From: Springsteel, Anthony Sent: Wednesday, November 28, 2018 2:59 PM To: Cameron Cutting <ccuttine@bohlerene.com> Cc: Christopher Rogers <crogers@bohlerene.com>; Chris Lall <clall@bohlereng.com>; Jonah Weaver <iweaver@bohlereng.com>; McEnroe, Jeannine <ieannine mcenroe@cable.comcast.com> Subject: FW: Alley Closing City of Okeechobee Ca meron, Per our conversation I have reviewed the attached request for abandonment of the existing easement. The approval/release of the existing easement would be contingent on the developer/owner reimbursing Comcast for the redesign and relocation of our existing plant. If you should have any questions or concerns please give me a call. Thank You Anthony Springsteel Construction Supervisor Comcast Cable 3960 RCA Blvd Suite 6002 Palm Beach Gardens, FL 33410 Office (561) 804-0973 Cell (561) 321-3425 Fax (561) 454-5899 From: Cameron Cutting <ccuttine@bohlerens.com> Sent: Wednesday, November 28, 2018 11:43 AM To: Springsteel, Anthony <Anthony Springsteel@cable.comcast.com> Cc: Christopher Rogers <crogers@bohlerens.com>; Chris Lall <clall@bohlereng.com>; Jonah Weaver <]weaver@ bohlereng.com> Subject: (EXTERNAL] Alley Closing City of Okeechobee Anthony, We are proposing a 6,119SF Wawa on Park and 2"d Ave in the City of Okeechobee; where the existing site currently contains a 10' shared utility alley through the center. We are currently proposing to relocate these utilities south of the new building. We have already coordinated will all other Utility Providers and need Comcast approval to continue. See attached Site plan showing new location of Comcast Utilities in a cleaned up format to emphasize these. Also attached is the full Utility Plan, and the Application for the Alley Closing. We are currently tying into the northern pull box, can you confirm this is the correct facility? If our plan is acceptable please sign on page 3 of the Alley Closing form and return to us. If you have comments simply reply to this email with your instruction for our revision. As I mentioned in our phone conversation earlier today we need this as soon as possible, and we appreciate your coordination with us on this. Cameron Cutting I Intern - Design Engineer a o 'DLlS bCmP34� O v Haas Cquipgd b Malf,a•w I.;'yi•r. Pn e.r.n;e, alB,eb• 9 lesa`: t) . •: hU; rl sr�• 6!'�(j� I i MAJ 2nd S4 - '— • a a 6 and 7 -3 (� r G o- o ' COC D ; t I " 135' , 172. 1 C� C� DC7Q®.©Oc=Dcz: ���s�a t•ra��r irrti�®OC7 �. I I f s scu 1 E zt i 1 CHTY OF OKE ECHOB EE utility companAes Authe1 Nation Form INSTRUC'TIOWSa Deliver the petition and this form to the t'ollowing Utility Companies ffor their comments. It e,o­+ h- r1ae9 1 h 1 Al fod �40.h a rnn4nro- * ,Mhor Env o7rh Marcnav Florida Power & Light fPL Cry S r JPF- rpn 863-467-3721 or [ l-1 l i _ Donna Padgett 863-467-3708 L 4� 1 Authorized Signature Typed Name&Tide Phone No. - Date Embarq d/b/a Century Link 407-814-5318 Victoria Buchner victoria.bucbner0centurviink com Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863-763-2824 107 NW 74b Avenue Authorized Signature Typed Name &Tide Phone No. i Date Okeechobee Utility Authority a a r John Hayford 863-763-9460 100 SW Sm Avenue 11-2 / )uthoriz SI e *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF Mw�r.� n•rrrwnoer.wtc• Typed Name &Tide Phone No. Date Hamrick Estate IAJ Gil Culbre'h, Co -Trustee 863-763-3154 /Z-zl-JB Authorized Signature Typed Name & Tide Phone No. Date LETTER OF AUTHORIZATION To Whom It May Concern: This letter authorizes Steve Lipofsky. PE with Southeast Investments, LLC & Christopher Rogers, PE with Bohler Engineering to act on behalf of JMass Management. LLC. in regard to all permits and applications for approval through the City of Okeechobee, as well as but not limited to all regulatory agencies, departments and governmental agencies of FDOT, Coquina Water Management District and FDEP, necessary for the construction and development located at the NWC of Park Street & NW 3d Ave, Okeechobee, FL 34972. Signature STATE OF FLORIDA COUNTY OF e f The foregoing instrument was acknowledged before me thisa-1-0day ofANem, 2018, by q�l P cxr p t . �-aALQ_ L .a the on behalf of the corporation. RShe is personally known to me or have produced 'D— as identification and ( did not) take oath. ,,* 1'4e* Notary Public State of Florida Christian Nicole Johns S. My Commission GG 019282 Expires 08/0812020 Notary Public Chr L-<;inJ )bn�s Print Name Commission No. g Expiration Date: 20 LETTER OF AUTHORIZATION To Whom It May Concern: This letter authorizes Steve Lipofsky, PE with Southeast Investments, LLC; & Christopher Ropers, PE with Bohler Engineering to act on behalf of David R. Watford, in regard to all permits and applications for approval through the City of Okeechobee, as well as but not limited to all regulatory agencies, departments and governmental agencies of FDOT, Coquina Water Management District and FDEP, necessary for the construction and development located at the NWC of Park Stree NW 3 Ave�Okeechobee, FL 34972. Signature: nRQZL l ()h %Q 1'�D Name (printed) STATE OF FL RIDA COUNTY OF The foregoing instrument was acknowledged before me this � day of 'N.o�jwdoef, 2018, by '-�0. V 1 d WQ -f:�DY-d the , on behalf of the corporation. �Ie�'She is personally known to me or have produced F-i_, `D L, as identification and 9did not) take oath. o`er Pb� Notary Pubic State of Florida Christian Nicole Johns % My Commisslon GG 019282 Expires 08/0812020 a- 4k��� y Public -� Johns Print Name Commission Nor-G () lq 8 9) Expiration Date:2 � LETTER OF AUTHORIZATION To Whom It May Concern: This letter authorizes Steve Lipofskv, PE with Southeast Investments, LLC &Christopher } o ej� PI : with I36hler F.ngineerina to act on behalf of 205 N Parrot Ave I folding, I.I.C., in regard to all permits and applications for approval through the City of Okeechobee, as well as but not limited to all regulatory agencies, departments and governmental agencies of FDOT, Coquina Water Management District and FDEP, necessary for the construction and development located at the NWC of Park Street &: NW 3 d Ave, Okeechobee, Fl. 34972. Signature: /�-- Name (printed) STATE OF FLORIDA COUNTY OF The foreg gins en was eknowledged before me thiso- day of 20 , byNov e/ the on behalf of the corporation. I le/She is personally known to me or have produced as identification and (did/did not) take oath. u Mkhe8e Brcwnstetn NOTARY PUBLIC STATE OF FLORIDA Comm#FF22W3T Notary Public Explres 4/28/2019 nma Print Name = i Commission No. ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We, 205 N Parrot Ave Holdings, LLC (insert name(s) of the owner(s) name person(s) who is signing the letter of consent) own the following property: 3-15-37-35-0010-01560-0010 (Parcel 1, Lots 1-4) (insert the /egal description of the property) Do hereby consent or agree. with my/our signature below. to the closing of the allev and/or street described below: SWC of NW 2nd St & NW 2nd Ave, Okeechobee, FI, 34972, South of Parcel 1, Lots 1-4. (insert the legal description of the street or alley requesting to be closed) (See Attached Legal Description) (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 Printed Name STATE OF FL COUNTY OF Palm Beach WA/Wtam-,/,r Mki, Signature of Property Owner 4,VP,--A- /2 LAW-4- Printed Name The foregoing instrument was acknowledged before me this ZAI who is personally known to me or who identification and who did (did not) (Seal) (date) d as (Notary Public signature) Wictae s"D1u t�orARY Puauc Commission No. . STATE of . FLORIDA Cortrn#FF223837 (vIl '- Explres 4rM2019 (Name of Notary typed, printed or stamped) Divisicn! (,.F Ci JRpawaiONS I r "r!' !(J 0 Department of Slate / Division of Corporations / Search Records / Detail By Document Number / Detail by Entity Name Florida Limited Liability Company 205 N. PARROT AVE. HOLDINGS, LLC Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 2501 NO. PARROT AVE. OKEECHOBEE, FL 34972 Changed: 09/17/2012 L02000017576 59-0934890 07/12/2002 FL ACTIVE CANCEL ADM DISS/REV 04121 /2010 NONE Mailing Address 850 NW FEDERAL HIGHWAY 206 STUART, FL 34994 Changed: 09/17/2012 Registered Agent Name & Address CLARK, HARPER R 5100 SW. HAMMOCK CRK. DR. PALM CITY, FL 34990 Name Changed: 04/29/2008 Address Changed: 04/29/2008 Authorized Person(s) Detail Name & Address Title PRES ICLARK, HARPER R 5100 SW. HAMMOCK CRK. DR. http://search.sunbiz. org/l nquiry/CorporationSearch/Search Res u [tDetail?inqui ryVp a=E ntityN a me &d i re ctionTyp e= Initial&searchNameOrder-205NPAR R... 112 ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee INVe, TBD (insert name own the following property: is 3-1s-- 37- 7s- Ooro--ols6a -oe MEWSM sen (insert the legal description of the property) (Parcel 2, Lots 7, 8, 9, & 10) Do hereby consent or agree, with my/our signature below, to the closing of the alley and/or street described below: NEC or Park Street & 3rd Ave Okeechobee, FL 34972 (North of Parcel 2, Lots 7, 8, 9, & 10) (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 PresidentlManagers Name and attach Sunbiz.com information) Signature of Property Owner Printed Name STATE OF FL COUNTY OF Bah-rBeach 6) f?.G r .i2d -i P—e The foregoing instrument was acknowledged before me this Nmeb f al,aolg (date) by JPrar If W who is ersonally know to me or who produced as identification and who did (did not) take oath. N (Seal)0 A^� ( (Notary Public signature) =`•. A 9iLVINSON N-a- PA! Commission No. c -State orFlotida = GG 143942 -V �^m.ex �esSepl7,2�2f V k� (Name o Notary typed, printed or stamped) DIVISIOtJ of CORPORATIOnS Department of State / Division of Corporations / Search Records / Detail By Document Number / Detail by Entity flame Florida Limited Liability Company JMASS MGMT, LLC Filing Information Document Number L14000152376 FEI/EIN Number 47-1957997 Date Filed 09/30/2014 Effective Date 09/30/2014 State FL Status ACTIVE Principal Address 180 NW 3RD AVENUE SUITE A OKEECHOBEE, FL 34972 Mailing Address 180 NW 3RD AVENUE SUITE A OKEECHOBEE, FL 34972 Registered Agent Name & Address FADLEY, JEFFREY A 180 NW 3RD AVENUE, SUITE A OKEECHOBEE, FL 34972 Authorized Persons) Detail Name & Address Title MGR FADLEY, JEFFREY A 180 NW 3RD AVENUE, SUITE A OKEECHOBEE, FL 34972 Title AMBR FADLEY, MAGGIE 180 NW 3RD AVENUE, SUITE A OKEECHOBEE, FL 34972 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder-JMASSMG... 1 /2 ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We,hgz�,.21 P insert names) of the owner(s) name person(s) who is signing the letter of consent) own the following property: R a_rr-2\ D -AV : 3- 15 -Z--1 - -35- n�? 1 o - (Parcel3, Lots 11 & 12) rnnilr (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: NWC of Park Street & 2nd Ave, North of Parcel 3, Lots 11 & 12, Okeechobee, FL, 34972 (insert the legal description of the street or aUey requesting to be closed) (Note: if property is in two names by the word "and" both signature; are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. If compaM the Registered Agent or President/Managers Name and attach Sunbiz.corn infor ati ) l I „ j A ftna-ure of Property Owner 7 v Printed Name STATE OFt COUNTY OF Signature of Property Owner Printed Name The foregoing instrument was acknowledged before me thisCfi�� (date) by�/1� tl`1G. who is personally known to me or who produced as identification and who did (did not) take oath. (Seal)6&�W (Notary P lic tsiignature)) U II Commission No. Ga q K Notary Public State of Ftc,.03 ? ^ Chfistiar, Nicole Johns 9 My ccmm s ton GC, 01@202 •� e E ` lW 1 �.J O 5 �� Expiresofifoe1202 Name of Notary typed, ( ry yp , printed or stamped) ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee is sil own the following property: Parcel IN 3-15-37-35-0010-01560-0050 (Lot 5, Block 156, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida) (insert the legal description of the property) Do hereby consent,or agree, with mylour signature below, to the closing of the alley and/or street described below: Property located on NW- 2nd Street. The Alley located on the south property line for lot 5, Block 156, Clly of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida (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 Signature of Property Owner Printed Name STATE OF t" ((Y� d C{ COUNTY OF O'rCC . *h0'r)Q1C The foregoing instrument was acknowledged before me this 1 �Hyidr I26)�9 i (date) by who is personally known to me or who produced QfyW 1(a1 f 1\1 j0nt�n -as identification and who did (did not) take oath. (Seal) (yL L (Notary Public signature) Commission: No,, 61 ZS2CoZU (Name of Not r�9. ,dNec4D ° uI° p ) 4_ My Commission GG 252620 OaR Explres 08126l2022 ParcV NUmI-1,5-37-35-0010-01560-0050 ylWIV I *:a." Prepared by and Return to: Okcc-Tantie Title Company, Inc. 105 N. W. 6th Street Okeechobee, Florida 34972 °ILE NO. 36548 :Personal Representative's Deed This Indenture, Executed this December 20, 2018 A.D. Between I lII�III if1�i illlf illll Illll III I�il FILE hl U N 2 ID 1$ i i 1.5 r_i t-1 . - OR BK 817 PG I;B-50 SHARON ROBERTSONr CLERK ' CONPTROLLER OKEECHOBEE COUNTYr FLORIDA RECORDED 12/27/2018 04:41.26 F'N ANT $230ro00.00 RECORDING FEES t27,011 DEED DOC::rh1l"].��it RECORDED BY G Newbourn P9s 1850 - 1852; (3 p9s) LESLY JOLEEN FIEM!IiNG, PERSONAL REPRESENTATIVE OF THE ESTATE OF :'l2USSELL HOUST,O3'ARBRA/K/A R.H. BARBER, DECEASED, whose address is 200 NECAPPAVENUE, ti -IMASS MGMT,,_ ORIDA whose post office address (Whenever used herein the term "grantor" and individuals, and the successors and assigns o Witnesseth, that the grantor, considerations, receipt whereof is hereby ack into the grantee, all that certain land situate in Florida 34972, hereinafter called the grantor, to COMPANY, E TE A, OkERFobee, Florida 34972, hereinafter called the grantee: include all the parti-14", is instrument and the heirs, lega I representatives and assigns of in considerdfion/ of the�i—a of Ten Dollars, ($10.00) and other valuable 0, here35 ,bargains, se w iens, remises, releases, conveys and confirms LAND DESCRIBED ON ATTACHED EXHIBIT " Parcel ID Number: 3-15-37-35-0010-01560-0050 Subject to covenants, restrictions, easements of record and taxes for the Together with all the tenements, hereditaments and appurtenances thereto belonging or b:i anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the ;grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2018. DEED Okeechobee Closers' Choicc Book817/Page1850 CFN#2018015004 Page 1 of 3 Exhibit "A" LOT 5, BLOCK 156, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. File Number: 36548 Legal Description with Mon Homestead Closer's Choice Book817/Page1851 CFN#2018015004 Page 2 of 3 In Witness Whereof, the said grantor has signed and sealed these presents the day z.nd year first above written. Signed,; sealed and delivered in our presence: Witness Printed Name P(Seal) / L Y JO EN F EMING., PE ONAL v RE A t Address- 200 VENUE, OK1?ECHOBEE, FL 34972 Witness Printed Name O� State of TENNESSEE County of The foregoing instrumenfwas acknowledged PERSONAL REP + SENT A.7 A/K/A R.H. BARB�� .SCE, identification.'" y ED PF z o � cF �,prco. 7EN� � DEED Okeechobee Closets' Choice me this December 20, 2018, by LESLY JOLEEN FLEMING, OWNTHE�.STATE OF RUS-SELL HOUSTON BARBER who is/are or whb Ias as Book817/Page1852 CFN#2018015004 Page 3 of 3 ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We Mass Management LLC. (insert names) of the owner(s) name person(_s) who is signing the letter of consent) Own the following property: Parcel ID# 3-15-37-35-0010-01560.0060 (Lot 6, Block 156, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida) (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: Property located on SEC of NW 2nd Street and NW 3rd Ave. The Alley located on the south property line for lot 6, Block 156, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida (insert the legal description of the street or alley requestinq 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 Signature of Property Owner Printed Name STATE OF ky jAe, COUNTY OF (qKh_(Aff, yz The foregoing instrument was acknowledged before me this warn a vik 2JI g by �i ey / 1 • , (date) �C$ who is personallyknown to me or who produced ��r�c)�a(ly Kv�,w► as identification and who did (did not) take oath. I (Seal)anok ' (Notary Public signature) a llotary Public State ofFlonda Commission No. 616 2J2-1Q20 Cayla S McDugaldMy Commission GG 252620 Expimsoe26/2022 (Name of Notary typed, printed or stamped) PREPARED BY AND RETURN TO: Jeffrey A. Fadley, Esquire 180 NW 3' Avenue, Suite A Okeechobee, FL 34972 I lii(((��Ill iilli illll i{ili illli Ilil lii! FILE 1-1UN 20I${II36462 SHARON ROBERTSON, CLERK & CONUROLUR OKEECHOBEE COUNTYY FLORIDA RECORDED 0'5/17/2018 08:33:21 AM ANT `610.00 RECORDING FEES $18.50 DEED DOC $0.70 RECORDED BY F Conner Pss 1042 - 1043; (2 Pss) (Space Above This Line For Recording Data) QUITCLAIM DEED THIS INDENTURE made this V day of February, 2018, between JEFFREY '.FADLEY, first party whose address is: 510 SE 8's Avenue, Okeechobee, Florida 34974 and MARGARET FADLEY, fast party whose address is 510 SE 8' Avenue, Okeechobee, Florida 34974 and JMASS MGMT, LLC, second party whose address is: 180 NW Yd Avenue, Suite A, Okeechobee, Florida 34972. WITNESSE H-1fia't saidyfus�, arty, for and in consideration of ten dollars (i10.00), and other good and valuable consideration%tojsard first partyii lhand paid by said second party, the receipt whereof is hereby acknowledged, does hereby release remise, and quitclaim ±unto the said second party, and second parry's heirs, successors and assigns forever, all of first)parly's interest in the6llowing described land, situate, lying and being in Okeechobee County, Florida, to wit: ti Parcel No.: Site Address: 180 NW 3'a Av nue, Okeechobee, 98"'rida 34972 Lot 6 of Block 156, Okeecho according to the lat thereofAcorded in Plat Book2, Page 17, Public Records of St. Lucie @sty, Florida;copy o sai la being also recorded in Plat Book 1, Public Records of Okeechob�ri3a. Subject to restrictions, reservations and easemeof re ord, if TO HAVE AND TO HOLD first parry's interestWthe aforemenfrola'premis'"�-' to the second party, their heirs, and assigns forever. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Book807/Page1042 CFN#2018006462 Page 1 of 2 IN WITNESS WHEREOF, first party has hereunto set first party's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: kryl- Witn s - Signatu Witness — Printed Name — Printed STATE OF F] COUNTY OF personally appeared JEFIt RYEVY . FADM V, who executed the foregoing instrument and ac owledgt � tary ,IlF' nopLbk Stall c ;� crri� ta+cao.0 'y coffm*aion Go a� �aaM= l , PrintedWitness — Name App— MALM Witness — Printed Name STATE OF FLORIDA COUNTY OF OKEECROBEE an officer duly qualified to take acknowledgments, as identification and who execution of same this 1't day of February, 2018. I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared AL4,RGARET FADLEY, who produced a Florida. Driver's License as identification and who executed the foregoing instrument and acknowledged before me the execution of same this 1't day of February, 2018. NoWy Pubks�OfF a Cbdsftn ffio EOT in BoA807/Page1043 CFN#2018006462 Page 2 of 2 gjDe P 0o D�3a K0�161 I539 This iocurtent Prepared F_: a.,!.i li. 'u::: _—TURN To Jay E. Eckhaus, Fsq. Jay K. Eckhaus, P.A. 1 `, 7 Windward Drive Docamentaty Stamps paid in tt>e amount of Palm Beach Gardens, F1 3341P S 1 Class C 1 T_ pate m thhee amount dS Parcel ID Number. 3-15-37-35-0010-01400-0010 Straton Robertson• CO--tk of Circuit Court 3-lS-37-3S-0010-01560-0010 Okescho A COWtY• Fxyf la Grtntec it 1 'fIN. �`� , D•C- Grtptcc 112 711 N Special Warranty Deed This Indenture.ntdc-lms� 23rd da�of July, 20t!2 AD. Between rs=:'> L'Place Proper!tr'es;,Ltd., a Florida ?invited partnership ofthcCtwnn_ of_P ilm Seacti -:�-; St:dcof Fla_ida , granters, and 205 Ea'rrot Ave. Hol-dings, >,LC, a Florida LimitedLiability uhoscriddressis: 6601 Pamela iane l West Palle Bea.:h, FL 33405 OfIhLCottim=of Palm Beach Y/ Siateof Florida ,grantees.. Witnesselh ihir,i c-GRAM•ORS for and if.66' tdcrauonorthcsutnof ' s -TEN DOLLARS DOLLARS.- f a. and other good and ialuablc a�md�ntion to GRANTORS riiy4iand paid to GRAN-MES, the woupt uitcreoris bcrctn ar! noalcdgcd, habargained and sold-to`thc said GRANTEES and GRAKMES' hom sttcocssors and ass rgrta fo{e�er; tltc following described .?n; sitta3ta Icing and t t ing in the Count} of Okeechobee Slate �loridatouic Lots I through 12, inclusive, Block 140. r1TY OF OKEE( V. map or plat thereof as:iecorded in Plat.8oblc PageNIM County, Florida a copy o ;plat l ng also recorded hl cord Book S_ Page 5, Public Res:ofU e'e—c bee Coiipty5F1 Lots I through 4, inclusive, Block 15ti�©,V4Tt"OF`_`,UKEE< map or plat thereof as recorded in PlatBook. County, Florida, a copy of said plat be also rccoidedin,1 Book 5, Page 5, Public Records of 0keechobce Counfy; FlI Subject to conditions, restrictions, reservations of record and all zoning and other restrictions i governmental regulations, Without reimposing same subsequent to 2001. Together with all ltzt merit, ht'n.•tbtanRrls and appttntanttr N 1hadn hclnngmF ar to aqit E, according to the Records of St. Lucie A 1, Page 10 and Plat according to the ords of St. Lucie Page 10 and Plat 15 4 0 To Hare and to Hold, du satnc in ke suuple fonticr. And lb, plain,, Ixiclx wi luiut „ th c:IJ gta111RT 11c,t gIa01,4+ 31C la,\lilll% xtial al `xi bcd lit tar .uuple nut grmn,r; hx\Y g,rwl ngld uxl L• alul aullxww w ;ell alai uaw. u:J laml. slut gfwlmr &.10, 1411, 'warn i tlw llllu to . lJ laW and %,.11 & hxl the untcagallo t1w: L,illul clmnLill all pc-1,tw Imnnng b%. llu,wh,r whiel owlll,wi n Witness Whereof. the grawots hale Nnemttu w; their haul<a1Fl vjk ll4',tn and war 111 V aNne \pilot Signed, scaled And delivered in our presence: L'Place Prop.-lties, Ltd., a Fl,rida limited parLn r?hip Flol i.ia carp,oral.ion, t_" fiFsl�'f�RTNER Arnold Le>;itan LF•,�e .c- -1\c- ''-= = P.U. Address 150 Tequesla Printed4Name-'%`— \aT,;= Uri:•e, Tequesta, FL 33.69 za Al Es :. STATE OF=t-F1•+rda COUNTY 0F�Pamr9e The foregoil 23rd day of July Properties, Inc., L'Place Properti beha! f . f the co, known to me or h identification. in5t-rument was-=:acknowledaed before me this 102 by ArnoldtLeir =itan, President of L'Place p..y: 'lorida corpora-f-A +n and a general partner of Ltd., a Flor A' limited partnership, on atic,n ;:rd thcx----partnership he is pers:nally .. is produced his.v.=Florida driv—r's license as FILED For OKEECH:tI:_r. 374569 7002 JUL 26 PF. SHARON RO;:rR CLERK OF CIPC6iT PreDame by a0d retum to: JOHN D. CASSELS, JR. Partner CASSELS & MCCALL 400 NW 2nd Street Okeechobee, FL 34972 863-763-3131 File No.: 6195 1 IIIIII 11I1i IIIII IIIII IIIII 11111 IIII IIII FILE HUM 21014009463 OR BK 752 PG 395 SHARON ROBERTSON, CLERK. OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 10/17/2014 02:55:29 PH AMT S575r000.00 RECORDING FEES $10.00 DEED DOC S40025.00 RECORDED BY H Pinon Ps 395; 0 ps) Parcel Identification No. 3-15-37-35-0010-01560-0070 & 3-15-37-35-0010-01560-0090 (Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 17th day of October, 2014 Between PARKVIEW OF OKEECHOBEE, LLC., a Florida limited liability company whose post office address is Post Office Box 2030, Okeechobee, FL 34973 of the County of Okeechobee, State of Florida, grantor', and JMASS MIGHT, LLC., a Florida Limited Suite A, Okeechobee, FL 34972'of-t(te G Witnesseth that said grantor, for and in other good and valuable considerations to acknowledged, has granted, bargained, at following described lanti=i(tuate, lying and Lots 7, 8, 9, and 10, Block1956: KEECI 5, Public Records of Okeechobee Coun f Subject to restrictions, reservations andtia and said grantor does hereby fully wa all persons whomsoever. "Grantor" and liability company whose post office address is 1E0 NW 3rd Avenue, unty of Okeechobee, State of Florida, grantee*, xiiZo!deration of the sum of TEN AND NO1100 DOLLARS ($10.00) and said. 4fantor in hand paid by said grantee, the receipt whereof is hereby d-sokf to the said grantee, and grantee's heirs and assigns forever, the oeiiig in Okeechobee County Florida, to -wit: IOBEE;.according to the plat thereof recorded In Plat Book 5, Page V,Florl�a _.. ...,... cements of record,,,Jffany. the title to said land; and will defend the same against lawful claims of — r itee':rare u!te-d fralftplar orpluraf`as. context requires. In Witness Whereof, grantor has hereunto set grantor's hand:and seal.thg;day and year first above written Signed, seated and delivered in our presence: PARKVI1 6 ECHOBEE, LLC., a Florida limited liability `parry By: C—Mk ;: Witnes Name: LOUIS T. COX, JRr anaging Member 1 Witness ame: { ANGEVA PINDER COX Marra ing Member State of Florida County of0keecbobee The foregoing instrument was acknowledged before me this 17th day of October, 2014 by LOUIS T. COX, 7R., Managing Member and ANGELA PINDER COX, Managing Member of PARKVIEW OF OKEECHOBEE, LI.C., a Florida limited liability company, an behalf of the corporation_ They�rsonally known to me or [X] have produced as identification. I [Notary Seal] „rr.o notary Punic State of Ftoiida Karin Ammons Printed y My commission EE 119767 „M1 E puns 0E107=15 My r.n, 4C,' R ��1—� Expires: Book752/Page395 CFN#2014009463 Page 1 of 1 Ilw (mw.t frwe. y 91-X 3 p 7 3 Yqz-:.- DIIIInWI SWnPsPW W inft �:fl unt at q Cuss C k#wome j- pow in the at $ _ �— o.c_ i't-A aooi ��7' ".CE: -ET � ril.r.AC iNGp T� RwCEwLTE116al•LrOI.rLG.NLDolt V14[S 02a, rays Pti'b1T Mad M, W d.. of MCV-S Z by 4rciwafter_callei%tk Grauor, t<Y<. - - ' wbox poti.ifjice addressis hrre,t.tiflrr cuUcd rhr Gr C. f C'— n �i�e'sstt3{, Grantor: fair mad sat [-wtsiler.ttion of the sa.w of S j Qr% � and other rolasablt_'�nasiderasiaec receipt wiereof is hereby arbK, -ledgrat hereby gt s Is.oa&-RLL rr=isex rrlenus.`eonsaad,5 ,ears r,..T. tie Grmuee'—ate! niut errraic 1aad. sir�ate u AG Caws.Siastoft0�� tt%} x'..ti s4_: OF 7�E t%VA /9- w dIF 'Par 7 'auCic' %Sic FdfJ0,6-E ZAI dF • ter+ I (J�.r ` 10, 'gyp- T apper— :Ka_ Ma Aafae amb to Halb. Tier saaaeinfee�s,tnp[eforewr_ `� - � n &iaoa the Grantor herrhy cmtrasaus with saJf%araAlL[ aYaitdic, groator is simple: that tie armttor has good right and latsfnl a+uhorin to;se[t.'m.d co.ty the r.rk to said load and rill �"'�' defend tie sour aaunsr she lawfadQ 'e`laias;of-all j {nod is free of all cn.cabnr es. escepr tares aerrwing srbsegrewr to ~Dt+ciei brr _' 4a NUnms )14M7taf, dr said Grantor has sigaod mad xaled aiKse pr s.ritroc Sig sealed andQdellered is the presence of iIf) beia si.g or ix anynrise scized of said land in fee Z04 and hereby t.o zmu dtoissoever, ad dint said Year f— ob— RD nr 'i-CE- • �a-; • FL !74 t•'.r.� S'P�. u. r C..Ga4..t w'T' C.-r 5.�. �. w.t • 381 Q 1� G 7187 _-2 J4t1 Q 51 ra••w0 f� ,4�. w� ffII ^'°`s' — CLERK OF CIRCUIT COUn i s '. STATE OF _ _ j5kAl pil ) - COlTT2' OF ��rF ��B�E ) 1 1 nsL. Crn t7 tint w c�:s ray_ b I c nc..�. oriru dozy ar►«iad b ldai" " mad Lain YkspwS.-Lp-�-.� per o. ly tQQCiLd inowa fo ax to be the prison_ dcs:nhed �a Y 1 wbD Cacl'Dt� ttC iOtetLo�n� toatryotpl- wtq KkaDrSedaed bClwc me ILa �__ ' -mtd Ibr same_ amJ 1a n.rh ran txx [mien C-b--► tx: P—ws- ts/— prrsoaally know. to stt. D So+'de ad peno.lsl pcd ds 2 - lolbwivt type of drnitlscattw _ ii lT.t l' al'b.Fi Si.sR Stu i k d YYt Q a hand mad Dltsr al lC Ito the ( —ry d Sut lift afo,esad this day of . A.D23 .v tblcsi$$lO.t . CC gam ,2 "r.20D. �..f,0i./f LLw�rt S�Hs. b`o~4 •c man _ �� BOHLER n+ Bohler Engineering FL, LLC 2255 Glades 305E : Dora Raton, ;:L 33431 Rato FL =�4-'^11 PT G 1 14 : 7E 1. 1 i;T G PHONE 561.571.0280 Legal Descriptions LEGAL DESCRIPTION (PARCEL 1) LOTS 1 TROUGH 4, INCLUSIVE, BLOCK 156, TOWN OF OKEECHOBEE, ACCORDING TO THE MAP OF PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT ALSO BEING RECORDED IN PLAT BOOK 1, PAGE 10 AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LEGAL DESCRIPTION (PARCEL 2) LOTS 7, 8, 9, AND 10, BLOCK 156, CITY OF OKEECHOBEE, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE(S) 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LEGAL DESCRIPTION (PARCEL 3) LOTS 11 AND 12, BLOCK 156, OF THE CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10 AND REPLATTED in PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA CIVIL AND CONSULTING ENGINEERS • PROJECT MANAGERS • SURVEYORS • ENVIRONMENTAL CONSULTANTS • LANDSCAPE ARCHITECTS WWW.BOHLERENGINEERING.COM -"uHT Tt' E N G I N E E R I N G Owner Lists Jmass Management, LLC 180 NW 3rd Ave Suite A Okeechobee, FL 34972 David R. Watford 200 NW Park Street Okeechobee, FL 34972 205 N Parrot Ave Holdings, LLC 850 NW Federal Hwy Suite 206 Stuart, FL 34994 Bohler Engineering FL, LLC 2255 Glades Road, Suite 305E Boca Raton, FL 33431 PHONE 561.571.0280 CIVIL AND CONSULTING ENGINEERS • PROJECT MANAGERS • SURVEYORS • ENVIRONMENTAL CONSULTANTS • LANDSCAPE ARCHITECTS WWW.BOHLERENGINEERING.COM 19 Cari-,%qT','F; OP 13A ........... C..*T� *;,-'Ili 3`ff'� -7 !'�;`J 14,11 Aff lag T"M it-5-F-il WE - al . .. ..... ... 2-Ria EiREER QN . .. ...... . .. Staff Report Alley Closing Prepared for. The City of Okeechobee Applicant: Southeast Investments, Inc. Petition No.: 19-001-AC (Part of Alley in Block 156 between NW 2nd and 3rd Avenues) 1375 Staff Report Applicant: Southeast Investments, Inc. Alley Closing Petition No. 19-001-AC General Information 205 Parrott Ave. Holdings, LLC 2740 SW Martin Down Blvd., #247, Palm City, FI 34990 Owners David R. Watford, 200 NW Park St., Okeechobee, FL 34972 Jmass Mgmt., LLC, 180 NW 3rd Ave, Ste A, Okeechobee, FL 34972 Site Address The east -west alley in Block 156 between NW 2nd and 3rd Avenues Contact Person Steve Lipofsky Services Contact Phone # 561-625-9125 Contact E-mail slibofsky@theferebercompany.com Request The matter before the TRC is an application to vacate/abandon the 300-foot long, 15-foot wide alley in Block 156 between NW 2nd and 3rd Avenues as shown on the graphic on the following page, and more particularly described in the legal description on page 3. The requested abandonment encompasses 3,750 square feet (about 0.09 acres). The Wawa property (Lots 1 — 4 and Lots 7 — 12) is outlined in red. t_ �r',< planning Staff Report Alley Closing Applicant: Southeast Investments, Inc. Petition No. 19-001 -AC 0 U, T A FLEL D SUR L/E V) EXHI, 2 MORTHrVEST2nd STREET ET -W SWEET(FLAT} r7O' wry-PWCRICK-OF-WA r) .06 u Uzi ixoc) Im �U, '1:1 �C 6 407 4 LOT3 L OF 2 j . 71 � 4' 'u L-(WtP. LOT -1, k&OW '.56 CM -FUME 6 -W7 AL.LF1 I NORIN ANCHI-Or-WAY I,,; rroi o NOM944-W 7. W&F POINT GAF SEC, INNING IL u< NEC At CY BLOCK 756 F0, 0F50UP 50 fz POINT OF COMMENCEMENT SrATFROAD ,MO 70 10UMIWEST .-CRIAW, -,-or 7 &ocii ise AVM0R7,qWE3-jrpARKSTREEj- RFM FAW VWE r (PLr A WME MORN FA MRIAOUE' RD M RUA! C M-1- r- 4r - WA r PER 25 so F'_A�­ f fiEA0iiW1G n. omm rjEPAR Ywry r ot, P?AAisp,,v nA rKoj VAR. _k FiFfLA r MANN- PRIFff 4� M 45JU S.F Mer t AXE AM.W704 LEGENU lmyox : / . . " & LvMr I , ) 4. IA4" e% RAW JAC IACixffil AWI AFr. ta 0fi* L-K� 2 planning Staff Report Alley Closing LEGAL DESCRIPTION Applicant: Southeast Investments, Inc. Petition No. 19-001-AC A PORTION OF THE 15 FOOT WIDE ALLEY LYING SOUTH OF LOTS 1 THROUGH 6, BLOCK 156 AND NORTH OF LOTS 7 THOROUGH 12, BLOCK 156, CITY OF OKEECHOBEE, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE(S) 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT Z BLOCK 156; THENCE RUN NORTH 00'09142" WEST, ALONG THE WEST LINE OF SAID BLOCK 156, A DISTANCE OF 142.54 FEET TO THE NORTHWEST CORNER OF SAID LOT 7, BLOCK 156 AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00109'42" WEST, ALONG SAID WEST LINE, A DISTANCE OF Z50 FEET TO A POINT ON THE CENTERLINE OF THE AFORESAID 15 FOOT WIDE ALLEY; THENCE DEPARTING SAID WEST LINE, RUN NORTH 8950'43" EAST, ALONG SAID CENTERLINE, A DISTANCE OF 99.98 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE WEST LINE OF LOT 4 OF SAID BLOCK 156; THENCE DEPARING SAID CENTERLINE, RUN NORTH 00.09'42" WEST, ALONG SAID SOUTHERLY EXTENSION, A DISTANCE OF 750 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4, BLOCK 156 AND A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE AFORESAID 15 FOOT WIDE ALLEY; THENCE DEPARTING SAID SOUTHERLY EXTENSION, RUN NORTH 89.50'43" EAST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 199.97 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1, BLOCK 156, THENCE DEPARTING SAID NORTH RIGHT-OF-WAYLINE, RUN SOUTH 00 09 42" EAST, ALONG THE EAST LINE OF SAID BLOCK 156, A DISTANCE OF 15.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE AFORESAID 15 FOOT WIDE ALLEY, THENCE DEPARTING SAID EAST LINE, RUN SOUTH 8950'43" WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 299.95 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 0.09 ACRES, MORE OR LESS. L;,K- planning Staff Report Alley Closing Applicant: Southeast Investments, Inc. Petition No. 19-001-AC Upon approval of the abandonment, the 3,000 square feet of the alley will accrue to the Applicant (i.e., owners of the Wawa property). The remaining 750 square feet will accrue to the owners of Lots 5 and 6, with each receiving 375 square feet. This apportionment of the abandoned alley is shown on the graphic below and the following aerial photograph. 1' s t•�r'tJ� .+1 r-icL7..7;;i:iL`� t'a �:'S.'tl�;; - A"!_ fi 1Fi ii+cS'? i13, .i FReam .aDar'., :sue Face :M �_- 4. r.. _. I _ .a:�',a� 1` }a',r�; —I sc•,'•�',� � I — :aYr; 3 � i:•i't+15'� v"rtiY CUT f. !A:6wR' 7.'ij'-. � Si 1 Ib'OV . U--if1iY siGSj:�, :s cl i 'Vfly-"Tv "7rr _ 1 R I 1 G'C+.S+i'''C'•'i' !SCU;+V'v�rviC% + ' `'. M w',rh- Ye 'g-a-Y. 1, 'im.,?, d15tiT—il:�-M/ LOr. KDCW 04 M I I I I .Q !IN i 5•T i !Gi 5 LdT fU �T �1 i.i� 7Y 1I r N, ,'r � rJ � SL .IJj 1 '.i1,1' .r'j I � •'�? 1 � _A.� ' �".�_J1./: .. ._..Jl{, �',��:L.•.._.'.li� Ifs. 1ZL�114 �'.J. ire" Y9n+4 %—LMER uT A 5dG1:I. M hOr?OHWc3.' a`J Rir fiTFE"77- LWti !l/n4,)Yii )!�.V:J7u aeac'4'r J�;a•' s:tiagrl� t��rti:E,�7.^tiH'4Y•�.�Yiw A+'.W�4 •2'tzn—:,, f.xt!'� s: cr. LA--. 4 Ptanniing Staff Report Alley Closing 'diIlk Applicant: Southeast Investments, Inc. Petition No. 19-001-AC i '�' _ � �I� � '•ice !t� _ Y � 1 f � - J Ago LaKue planning 5 Staff Report Alley Closing Characteristics of the Subject Property Future Land Use Map Classification Zoning District Use of Property Acreage Existing Commercial Applicant: Southeast Investments, Inc. Petition No. 19-001-AC Proposed Commercial CBD, Central Business District CHV, Heavy Commercial Vacant alleyway 0.11 acres Consistency with Sec. 78-33, Vacation of Rights -of -Way Integral part of proposed development with Wawa convenience store with fuel pumps, and including a restaurant and coffee shop with both indoor and outdoor seating. 0.11 acres 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 Privet. REQUIREMENTS I STAFF COMME/VTS 1. Proposed vacation is consistent with the Comprehensive Plan: "The propose Wawa which consists of a gas station, convenience store, and restaurant, aligns with the comprehensive plan for both the future land use as commercial and we will be rezoning to Heavy Commercial. The majority of the surrounding blocks, neighboring the project site to the North, South, East and West also share the same future land use as commercial with zoning as commercial business district. In order to construct the Wawa at this location, the ally way must be vacated, exactly how both Walgreens and CVS to the East of the project site, had previously been approved to do and constructed. Additionally, the Wawa compliments these two pharmacies as far as land use and compatibility." 1_,K- planning TAevre cs nothing tvz tAe City's CompreAensive Flan concerning abandonment/vacation of alleys. TAe fact that all eAe lands bordering the alley carry tAe same Future Land Use, and similan/l intense commevrciW Zon1iag, desynations simpll&s development and entrances tAe -Dances tAat future use of Hze adjoiviiv& property will be com - patible wl?A adjacent pvropenties Staff Report Alley Closing Applicant: Southeast Investments, Inc. Petition No. 19-001-AC REQUIREMENTS (cont.) STAFF COMMENTS (cont.) 2. Right-of-way to be vacated is not the sole access to any property, and the remaining access is not TAe alley /s not tAe sole means of an easement. access to any property. TAe two "The right of way to be vacated will not provide adjo/ring properties to tAe nortA access to our project. Additionally the right of way are provided access via eittier NW being vacated is not the sole access to either of the 3rd Avenue or NW znd Street properties that will remain to the NW." 3. Proposed vacation is in the public interest and provides a benefit to the City. TAe City wi// benefit From retun/ng "This vacation provides a major benefit to the City by City's tAe alleyway to 67e tax rollsHowever, tG�e primary pub/ic bringing and attractive restaurant with out door seat- interest and benefit to Me City ing, gas station with E free gas and free air for car will be tAe vacated alleyway's tires, and convenience store with its own coffee contribution to fiat/%itating Meshop. The state of the art ordering system and redevelopment of underutilized, spacious layout both inside and out, allows for centrally located, downtown traffic to continuously flow through and help get properties to economically viable customers on their way This location compliments use and tAe resultant overall the surround area and the park providing services to increase in taxable property values both road drivers, boaters, and pedestrians at the 4. Proposed vacation would not jeopardize the TAe Applicant Gras subml?ted location of any utility. Letters of No Objection or Utility Company Aut6or&at1L1ns from: "As seen in the attached utility design and coordina- tion with all utility providers, this project and the CenturyLink (wAl,?A Gras no facile= vacation of the alley does not jeopardize any of the ties witA/n tAe alley), - existing utilities, but actual brings the water and C'omcast (wAli A Gras reaeAed sewer in too better standards that align with DEP agreement with Wawa witti Me requirements for separation and slopes that are stipulation Mat Wawa wi%l reim - currently not being met, by getting better spacing burse Comcast for costs associated between water and sewer and increasing the Gravity with, re%cating existing Facilities; Sewer's pipe size. Additionally the new layout FPL, wAOi Aas stated that they cannot sign -off until FPL Gras an easement /n Aand for utilities in tAe alleyway and OUA Aas no objection provided Me property owner relocates tAe existing water and sewer /fines at Wawa's expense and provides corresponding 15' wastewater and 10' water easements are provided to OUA. L.,K111 planning Staff Report Alley Closing Applicant: Southeast Investments, Inc. Petition No. 19-001-AC Recommendation Based on the foregoing information and analysis, and given the conditions agreed to by the utility companies and the Applicant, we believe, from a planning perspective, that the requested alley vacation/abandonment is consistent with the requirements of Sec. 78-33. Submitted by: // 7(//.-f, Wm. F. Brisson, AICP Sr. Planner LaRue Planning January 2, 2019 TRC Meeting: January 17, 2019 PB/BOA Meeting: January 17, 2019 City Council 1 It Reading: February 5, 2019 City Council 2nd Reading and Public Hearing: February 19, 2019 LaK— g planning Abandonment of Right -of -Way Petition No.19-001-AC'.' TRC Meeting motion and a second was offered by Fire Chief Smith and Buildina Official recommend approval to the Planning Board for Abandonment of Right: -of -Way Petition No. 19- 001-AC, to abandon the 15-foot wide East to West alleyway lying between Lots 1 to 6 and 7 to 12 of Block 156, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records Okeechobee County, containing approximately 0.09± acres. Planning Board Meeting A motion and a second was offered by Members Baughman and Batton to recommend approval to the City Council for Abandonment of Right -of -Way Petition No. 19-001-AC, to abandon the 15-foot wide East to West alleyway lying between Lots 1 to 6 and 7 to 12 of Block 156, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records Okeechobee County, containing approximately 0.09± acres. ry Exhibit 5 Feb 5, 2019 Q� k s City of Okeechobee`,' .;a Fire Department, 11 January 2019 Administrator Marcos Re: Ladder Truck Pump Repairs As you are aware, the ladder truck (motor rebuild) is currently located at Ten-8 fire equipment in Bradenton, Florida. The refurbishment is near completion and the company has moved to the next step with the pump testing (required annually by ISO for fire pumps) and has contacted me to report major leaks concerning valves (relating to the fire pump). Troy (Ten-8 mechanic), advised the pump could not hold the required "vacuum" during drafting. This is a key factor in the pump test process. The leaking was related to the failure of this process. Ten-8 is a (fire pump manufacturer's) certified location that performs repairs on this type of pump. The site is considered a sole source location based on this information and considering the positive past performance from the company regarding the work performed on other pumps, we ask that you approve the request for pump repairs concerning the ladder truck to expedite return of apparatus. a Thank you! G Herby Smith Fire Chief/Marshal 55 S.E. Third Avenue . Okeechobee, Florida . 34974-2932 . 863-4674586 a Fax: 863-763-4489 P 7FM8 - IN SERVICE TO SERVE YOU TEN-8 FIRE EQUIPMENT, INC. 2904 59TH AVENUE DRIVE EAST BRADENTON, FL 34203 Phone No. 800-228-8368 Fax No. 941-756-2598 CITY OF OKEECHOBEE CAPT. RODRIGUEZ 55 SE 3RD AVENUE OKEECHOBEE, FL 34974 Phone No.: 863-467-1586 Email: Vehicle services Complaint 1 : ADDITIONAL VALVE REPAIRS Service Lines Type No. Item ELK-80326 Item ELK-80426 Item ELK-80428 Item HAL-546-0750.50-0 Item HAL-546-0760-50-0 Item PIE-52-0059 Resource TECHNICIAN Resource TECHNICIAN GIL Accou GIL Accou 30500 Service Order Page 1 No. SVT0000120182 Status Pending Order Date 01/03/19 Order Time 8:28:59 AM Contract No. InvoiceTo : CITY OF OKEECHOBEE PO No.: SUPPLEMENT FOR VALVE Equip Id.: EA520 Veh. Miles 0 Veh. Hrs.: 0 Approved: N/A Description Quantity "Unit Price" Amount Disc. Amt. Net Amount KIT 2.5" VALVE SEAL 1,00 77.35714 77.36 0.00 77.36 KIT 1.0" VALVE SEAL 1.00 30.71429 30.71 0.00 30.71 KIT 2.0" VALVE SEAL 2,00 67.85714 135.71 0.00 135.71 KIT 25BD/BDTIBDS/BS 5.00 110.21 551.05 0.00 551.05 KIT 308D(S)/BDT(S) 2.00 93.73 167.46 0.00 187.46 CABLE,THROTTLE,VERNIER,240". 1.00 126.00 126.00 0.00 126.00 BRADENTON TECHNICIAN 3.00 115.00 345.00 0.00 345.00 BRADENTON TECHNICIAN 47.80 115.00 5497.00 0.00 5497.00 1.00 76.00 76.00 0.00 75.00 Shop Supplies 1.00 469.20 469.20 0.00 469.20 -------------------------------------------------------------------------- Total 7494.49571 0.00 7,494.50 Total $ 7494.50 Amount Discount $ 0.00 Taxes $ 0.00 Balance Due $ 7,494.50 u `. F,ram P• y9� City of Okeechobee ,Aar o Fire Department 23 January 2019 Mayor Watford/City Council Members Re: Additional repairs to ladder truck The ladder truck's motor has successfully been rebuilt but there were additional issues found by Ten-8 technicians involving the fire pump. While acceptance testing was being conducted on the ladder truck post repair of motor, several valves began leaking profusely during the vacuum test. This situation caused the fire pump to fail the required pump testing. The valve balls (bronze) were noted to be severely "pitted" on at least five of the valves. There is a total of 11 valves. It would seem prudent to replace all 11 valve balls at this time while the fire pump is "torn apart" for repairs. Fire department is requesting the council to approve the funds regarding the fire pump repairs for the ladder truck. Respectfully, a Herby Smith Fire Chief/Marshal 55 S.E. Third Avenue . Okeechobee, Florida . 34974-2932 9 863-467-1586 9 Fax: 863-763-4489 Service Estimate Page 1 No. SVQ 16486 Status Pending Order Date 01/18/19 Order Time 3,26,08 PM TEN-8 FIRE EQUIPMENT, INC. Contract No. 2904 59TH AVENUE DRIVE EAST BRADENTON, FL 34203 Phone No, 800-228-8368 Fax No. 941-756-2598 CITY OF OKEECHOBEE Invoice To: Cln' OF OKEECHOBEE CHIEF: SMITH PO Number PENDING -ADDITIONAL PARTS 55 SE 3RD AVENUE Equip Id: EA520 OKEECHOBEE, FL 34974 Phone No.: 863-467-1586 Veh, Miles: 0 Email Veh. Hrs.: 0 Approved Vehicle Services Complaint 1 : REPLACE 1 i-VALVE BALLS BRONZE Service Lines Type No. Description City. Unit Price U°M Amount Disc. Amt. Net Amount Resource FRT FREIGHT CHARGES 1.00 55.00 EACH 55.00 0.00 55,00 GIL 30700 NON -STOCK INVENTORY 11,00 454.50 EACH 4999,50 0.00 4,999,50 Account SALES Total 5054.50 0.00 5,054.50 THIS IS AN ESTIMATE, NOT A CONTRACT AND IS VALID FOR 30 CALENDAR DAYS. ESTIMATES ARE Total Amount $ 5,054.50 PROVIDED ON A BEST ENDEAVORS BASIS ONLY, WORK WILL BE CHARGED BASED UPON THE PRICE OF PARTS PROVIDED BY TEN-8 FIRE EQUIPMENT PLUS LABOR. IF THERE IS ANY Discount $ 0.00 UNFORESEEN WORK DIRECTLY RELATED TO THE REPAIRS ON THE ESTIMATE, THE CUSTOMER WILL BE CONTACTED FOR AUTHORIZATION TO COMPLETE THE ADDITIONAL WORK. IF THE Taxes $ 0.00 ADDITIONAL WORK IS DECLINED THE CUSTOMER IS STILL LIABLE FOR ANY WORK COMPLETED. BY SIGNING BELOW YOU AUTHORIZE TEN-8 EQUIPMENT TO PERFORM THE REPAIRS DETAILED IN Balance Due $ 5,054.50 THE ESTIMATE ABOVE. Confirm Info: Signature ; Date : � C v� CITY OF OKEECHOBEE, PUBLIC WORKS Exhibit 6 Feb 5, 2019 Okeechobee Memo —.0 FLORIDA • Founded 1915 To: Marcos Montes De Oca, City Administrator From: David Allen, Public Works Director Date: 1/24/2019 Re: Arm tractor repair The Public Works Department is requesting authorization from the City Council for the repair of a John Deere tractor/Alamo arm mower by everglades Farm Equipment in the amount of $13,920.56. The repair will include the replacement of an axel half on the tractor and replacement of the mounting portion of the arm tractor assembly. The mount for the arm assembly has failed and the equipment is unusable without the repair. The arm tractor is an essential piece of equipment for maintenance of the drainage ditches in the City. Public works is requesting a single source purchase for the repair. Everglades Farm Equipment is the only local authorized Alamo repair facility and the parts for the arm mower repair are only available to an authorized repair facility. m:l h"w'Lta`heat•I,�. kt ylo yL•hryla�, �rin :Ufi l.wlhrrtl.r. 1lYl S„rt P..L t: 1r1l Glrlr•i. blyl �1m_rr YaalT�R%7a7p bunaYhrr,H fYrl� RMirn.11 Syi: ul-sse<Sfl IGLT?:di75 ".s:apLtu4 tlprnvw ly}:12-�I[1 IU-!WIS}f T�NLT_Oi RH�71Yi1{ l::l Y.i�lpwtl ft.lotN f•� rw�prwvc-fir I!YInINwTiPan :Yw r1,•K.lr l.vl G W;n:[N :t Ni2 pi •rn,1l Apii r _raLt, it MIG 4.p as 11 01W EpIJGl.tf21 TTI W13fH NNW113 m>•Ttsav� --m 1311 xrsw4714 XjwyHt p"107 sill 6nbIT:' is.S BET1JSi o. L 4! f: wLL--1".-1 _w.It ^ W 7. US'l h..y flit h v 0 tln-rnv,R ll— —1,1101.7.1 rr mrlla. r. 31771 T747i w 141.77i-'G:G pApTt:Jt71 yp:•R2 ]!n 10p•»7a71 C Everglades 2ut1•r_.—W., llGfv tllpra:: wrr.r O21l vt/.InN Fa >hv `Vi (W(QfnLYI Gf00p .—..L t11:1 i:rrp ytl.H f1�li fxawl�.K itlia 1,urpcu 1-01OW >t1>latara.• w'tvV....ete1963.com au.!ai-fl, ap -nvf 7tl—of !1 7� - . I aur:. ula rurc-au fJraEr *lkeechobee Cty Rd&Bridge 8" NW and St Okeechobee FL 3497E _Q7-97Li'/=13d?C3_ --753iesp3rsur PARTS ESTIMATE - NOT AN INVOICE r:L4 Descripticn Gtv Price gym.--1_T:t Boo- heel LIFE TIKF WARRANTY COVERS HA.iD PARRS ONLY ! NO LABOR , SEALS, GA.SKRTS, BEARINGS, E" . AXLE DOES NC^. INCLUDE FRTEGiT CHARGE. FCR FACTORY. AL21-,Y44LW R.H AXLE KALF 1 4500.i,'C 4500.00 ubtctal: 4500.00 ax: .00 Authorization: ;DIAL; 4500.00 t Y I1s111'liw brl •1,q Mw 410 '1166h"—.0 Iitl7 t,.+—MN SUL it". /N t•111 u.nuw — mtx lt�,..i N1 IWI mYswr-.l Mf fH's .YIe. n_ 1311! \-7nunYNf Il1MN L—'N%hp.il 1L70 wit,—P, il"s C..•�•ur.it If:1f m-' 14— s ---11 Hill 1.t Mwlrt SI.T 4-t YS 1Yis1L IIi Sp/0/P *Z:-slS s:r 1s1 m W... MI 'a•171t ! `. NO:N.7+ p47M p/! /71iIsfU1 /1s11114ri p/•itlp13 //1137s11 Everglades L'1 tiwP�l7NYar•• 11910rrprm Ai71W1111:-71rIn INf i;-11i1/f IC/J 71N W::n.0u.1 Lcl Sufl PINWMNI I7KMtM•N .•1 '•.• j�p,pir SG 0...E-aew. ll IN>1 M. Ifr.1.Ii 71NT b•rdtie •s Y111 Y:b,•: SG IT! Caw.111t!L rM L'll'. f111Si: ilmlf. Gt i1iL I.I.hLts1, TtlY -.31i 1fli:7t111 1>)1.'•>« T.FI•Itie lWil.Ns tliNHTn WW W,e!Q1963.0 Om IF. TN lit. to Us 1f50 /�T fA: 1::s .tea ,» al,t 11411/A us 41.f101 Nl N1i/i/ ' 5?.N,S RS FS.�.'LGK 04 - 4k.CEC71 1 � o Dale Time - r;37- --� s113 - 21. 0 W!t No. P°wne Na- Estinettl i- 1.1172 QD2K6� w hsse Order o City of Okeechobee _ 55 SE 3rd Ave g° Okeachnbee FL 34974 as-aci2a215=6C6 'alezpirson -- _ KF4 nfRITR RYPTPY ')arR• n'3ltt/'3n70 SERVICE ESTIMATE — NOT AN INVOICE Stock is C9014353 28' AXTREME B01M W1 48- F MS 9: AY.28-00026 Make: AL Model: Ax<a Is to have the following work done by 01129/2019 IE_timated) ESTIMATE - CORRECTION: RE:•'OYE BOOM FLOWER F-40M TRACTOR A::= REPLACE ALL BROMI SUPPORTS. REPLACE CUTTER HEAD CLAMP ADDITIONAL DESCRIPTrox- 0AL:MVC1ThOFOKEECHOBE3.COM Part# Description _Qty _ Pzice XmWnt 02982390 WLDMT. LH REAP. 1 844.76 844.76 02982388 WLDMT. RH REAR 1 1262 60 1262.60 02982383 WLDMT. LEFT PRO 1 530.78 630.78 02982380 W[nMT RIGHT 1 630.76 630.78 02981757 WELDP,MT, PIN, 1 207.64 207.64 MISCELLA14RC'US CHARGES: Description _ Price � Amount SERVICE ACCESSO 1C0.00 100.0G Parts: 3576.56 L%bor: 4944.00 Mizcellanccus: 200.00 Authorization: �, TOTAL: 8620-56 \ w J ,�*' Okeechobee FLORIDA • Founded 1915 Exhibit 7 CITY OF OKEECHOBEE, PUBLIC WORKS Feb 5, 2019 Memo To: Marcos Montes De Oca, City Administrator From: David Allen, Public Works Director Date: 1/24/2019 Re: Request for disposal of obsolete and surplus equipment The Public Works Department is requesting permission to dispose of obsolete and surplus equipment that is no longer needed by the City. The items for disposal in this batch of equipment include various pieces of shop maintenance equipment that is no longer needed, a 2000 pick-up truck that is being replaced, a stationary generator that is not functioning, and the old Engine 5 that was taken out of service when the new Engine 9 was received by the Fire Department. The process for disposal will be the same as was used with the last batch of surplus equipment. Utilizing GovDeals.com to auction resulted in over $13,500.00 being returned to the City General Fund. GOVDEALS.COM ASSET# ITEM # PW # DESCRIPTION 64 1654 303 2000 Ford F-1504.36 V8 189 1404 Enmet Gas Detector 566 5019 Ajax 1-1/4ton Tire Jack 567 5010 Ajax 2-1/2ton Air Jack 568 5018 Hein Werner Transmission Jack 571 5032 Peerless Auto Engine Analyzer 590 5034 Sun Automotive Test Kit SP19-03-01 Johnson Outboard Motor SP19-03-02 Bennett Gas Pump 5057 Mikasa Compactor SP19-03-03 Detroit Diesel Generator January, 2019 MODEL NUMBER VIN NUMBER ACQUIRED COST DISPOSED PRICE F-150 1FTRF17W34NB10173 8/3/2000 14,867.00. - CAS-90R - - - 2/23/1996 1,950.00 - 95766 6678 451.00 95696 H698JO8125 491.00 54 334.00 250 10149 57.36 2W227 159.16 3915 06V1135146 MVC90A K2952 375.00 574-30 566919231 E-5 GMCFiretruck Tag#53119 T17DGAV607800 Exhibit 8 Feb 5, 2019 ADDENDUM NO. 2 LANDSCAPE MAINTENANCE BID NO. PW 01-10-101-16 THIS ADDENDUM to the contract for landscape maintenance between the City of Okeechobee, Florida ("CITY"), a municipal corporation, and JMC Landscaping Services, Inc. ("CONTRACTOR"), dated this 5th day of February, 2019, and the terms herein are incorporated by reference and made a part of the original Agreement as follows: WHEREAS, the CONTRACTOR is currently operating under an Agreement with the CITY dated February 2, 2016, which was extended for a one year period on January 15, 2019, which extends the Agreement until February 7, 2020; and WHEREAS, the scope of services in said Agreement generally calls for landscaping maintenance of City owned properties, as set out in Article 1 of said Agreement, which anticipates routine upkeep of such properties; and WHEREAS, the CITY wishes to add landscape service for maintenance of the Centennial Park site; and WHEREAS, the CITY wishes to amend the existing Agreement to permit the CONTRACTOR to perform additional work under the terms and conditions of said Agreement. THEREFORE, the existing Agreement by mutual agreement and consideration is hereby amended in the following respects: 1. THAT said Agreement, its terms and conditions, are hereby incorporated into this Addendum as if fully set out herein. 2. THAT the CITY, as directed by the Department of Public Works or City Administrator, authorizes the CONTRACTOR to perform landscape maintenance including mowing and planting beds within the approximately 2-acre Centennial Park, located Southeast of the intersection of Southeast 6th Street and 601 Avenue, Okeechobee, Florida, as set out in Exhibit A (attached). 3. THAT the CONTRACTOR shall perform maintenance of the park areas in accordance with Section IX, Governing Specifications of said Agreement. 4. THAT the CONTRACTOR shall be paid for such additional work as set out in the existing Agreement in Article 5 of said Agreement. 5. THAT the work authorized by this Addendum shall continue until such time as said Agreement is terminated by either party. IN WITNESS WHERE OF, the CITY and the CONTRACTOR have made and executed this Addendum to the Contract: AS TO THE CITY: Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney AS TO THE CONTRACTOR: Jose Manuel Cisneros, President ATTEST: TITLE: Addendum No. 2 Page 1 of 1 i -\fC Lmdscaping Sers-ices I ac. 581 N\.C' :- 0" Lanc 0keechobe , I�1,349)7?. 86 3-6 34-2657 ("ell 863-35 7 - 1902 Fpx EXH I BIT A F"R--(--)T30SAL DATE: JANUARY 24, 2019 PROPOSAL# 0119 PORPOS,\T. Bid Unit Price Schedule TC'i PW 01-10-01-16 Landscape Maintenance ORDER DATE ONE YEAR CONTACT JOB SITE ADDRESS 12-2018 PW 01-10-01-16 City Of Okeechobee ITEM # DESCRIPTION MONTHLY ANNUAL PRICE AMOUNT 01 Landscape Maintenance, City Hall, City Parks, Police Department, Fire Department, Chamber Of Commerce $350.00 $4200.00 Landscape Maintenance, Medians and Sidewalks: South Parrott Avenue (US 02 411), Park Street,) South To South 23, Including Median (Flower/Shrub/Tree Beds) $350.00 $4200.00 Landscape Maintenance, Medians and Sidewalks: South Parrott Avenue (US 03 411), Park Street,(SR 70) To North 17th Street, Including Median (Flower/Shrub/Tree Beds) $350.00 $4200.00 Landscape Maintenance, Medians and Sidewalks: West Parks St (SR 70) West 04 12th Avenue to Parrott Avenue (US 411) Including Median (Flower/Shrub/Tree Beds) $350.00 $4200.00 05 Landscape Maintenance, Medians and Sidewalks: West Park St. (SR 70), Parrott Avenue East to East 13th Avenue $350.00 $4200.00 06 Landscape Maintenance, Planting Beds and Sidewalks: South Park Street, West 6th Ave To East 2nd Avenue $350.00 $4200.00 07 Landscaping Maintenance mowing, weedeatin edging,blowing, Centennial P g g� g�g� $550.00 $6600.00 Park Total »»» $2650.00 $31,800.00 Please contact Jose Nlanuel Cisneros (863)634-2657with any questions or comments. Thank you for your business! SECTION VII PW 01 10-01-16 AGREEMENT ►^ This AGREEMENT is dated as of the A day of Wan the year 2016, between the City of Okeechobee (CITY) and j-Me, Lq-nd kgP i f1,-i Syron ! m (CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK, 1.1 The Work is described as follows: provide Landscape Maintenance of City owned or maintained properties including City Hall, City Parks, Police Department, Fire Department, Chamber of Commerce, US Hwy 441 medians, SR 70 medians, South Park Street landscape beds. ARTICLE 2. PUBLIC WORKS DIRECTOR 2.1 . PUBLIC WORKS DIRECTOR as named in the Contract Documents shall mean: The City of Okeechobee's Public Works Director 55 SE 3`d Avenue Okeechobee, FL 34974 ARTICLE 3. CONTRACT TIME 3.1 This contract will be in force for a period of one (1) year. 3.2 Renewal: This contract may be extended beyond the initial one (1) year. Each extension period will be for an additional one (1) year, and may be renewed thereafter on an annual basis. It may be under the same or superior terms and conditions as this bid. This shall be accomplished by mutual written agreement/acceptance between the vendor and the City. ARTICLE 4. CONTRACT PRICE 4.1 City shall pay;contractor for performance of the work in accordance with the unit prices listed in the contract documents contractor's bid form on monthly basis. City of Okeechobee Project No. PW 01-10-01-16 Public Works Department 15 4.2 City shall pay the contractor, or receive as credit, for changes or adjustments in the work made in accordance with the General Conditions, on the basis of the unit prices indicated on the bid form. ARTICLE 5. MEASUREMENT AND PAYMENT 5.1 Payment for the work, as further specified herein, shall include compensation to be received by the contractor for furnishing tools, equipment, supplies, and manufactured articles, and for labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of the work in accordance with the requirements of the contract documents, including appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA). No separate payment will be made for any item that is not specifically set forth in the Bid Schedule, and all costs therefore shall be included in the prices namea in the Bid Schedule for the various appurtenant items of work. 5.2 The total Unit; Bid Price for each project shall cover all work required by the Contract Documents.; All costs in connection with the proper and successful completion of the work, including; furnishings all materials, equipment, supplies, and appurtenances; providing all construction equipment, and tools; and performing all necessary labor and supervision to fully complete the Work, shall be included in the Unit bid prices. All related and necessary work not specifically set forth as a pay item in the Bid shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included. 5.3 Payment for all work done in compliance with the Contract Documents, inclusive of furnishings all manpower, equipment, materials, and performance of all operations relative to construction of this project, will be made under the Unit Bid Price. 5.4 Contractor shall submit Applications for Payment monthly after work has been completed. A monthly; invoice shall be submitted on or before the 9th day of each month for payment. The invoice will be processed through our regular cycle with payment usually made by the, end of the following month. Example: Work performed from September 1 through 'September 30. The invoice is to be received by the City no later than October 9, and payment should be made by October 30. The City shall not be liable to pay interest on any unpaid balance. Vendor is solely responsible for all taxes, withholding, or social security obligations. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS in order to induce City to enter into this Agreement, representations: City of Okeechobee Public works Department 16 Contractor makes the following Project No. PW 01-10-01-16 6.1 Contractor has familiarized himself with the nature and extent of the Contract Documents. Work locality, weather, and with all local conditions and federal, state, and local laws ordinances, rules, policies, and regulations that in any manner affect cost, progress, or performance of the work. 6.2 Contractor has given Public Works Director written notice of all conflicts, errors, or discrepancies that he has discovered in the contract documents, and the written resolution thereof by Public Works Director is acceptable to the contract. 6.3 Public Records Act Florida Statute Chapter 119 Compliance. Contractor understands and agrees that records and documents prepared by Contractor or the City for the performance of services may be subject to the Public Records. Act, Florida Statute, Chapter 119and may be required to be produced as provided in said statute. The records subject to Chapter 119 may include, in addition to prepared documents, such communication as e-mails, text messages, inter -office memorandums, social media, and photographs or images; a person or entity may request public records via e- mail, or by oral or written request, and a response to such a request must be prompt; it is the responsibility of the Contractor to establish an in-house policy in reference to such records, and to identify and retain such communications in the normal course of business in the event a request is made to produce these records. ARTICLE 7. EARLY TERMINATION Should CONTRACTOR violate any provision of this contract, or if the level of service and performance being provided by CONTRACTOR does not meet the expectations of the CITY after providing attempts at curing such defects, the CITY may cancel this contract upon thirty (W) days written notice to CONTRACTOR without further liability therefore. ARTICLE 8. CONTRACT DOCUMENTS The contract documents which comprise the entire agreement between the City and the contractor are made a part hereof and consist of the following: X This Agreement • Certificates of Insurance • Bid Bond' • Notice ofAward • Notice to 'Proceed • General Conditions • Contractor's Bid Forms (including documentation accompanying the Bid and documentation prior to Notice of Award). • Documentation submitted by contractor prior to Notice of Award. City of Okeechobee Public Works Department 17 Project No. PW 01-10-01-16 Any modification, including Change Orders and Field Orders, duly delivered after execution of Agreement. Call for Bids, Instructions to Bidders, Proposal, Bid Forms, Payment. There are no contract documents other than those listed above in this Article 8, The contract documents may only be altered, amended, or replaced by addendum to the contract documents by the City. ARTICLE 9. MISCELLANEOUS 9.1 No assignments by a party hereto of any rights under or interests in the contract documents will be binding on another party hereto without the written consent of the party sought to be bound, and any such assignment shall be void and of no effect; and specifically but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect. of this restriction may be limited by law and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the contract documents. 9.2 City and contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, his partners, successors, assigns, and legal representatives, in respect to all covenants, agreements, and obligations contained in the contract documents. In witness whereof, the parties hereto have signed two (2) copies of this agreement. At least one counterpart, each has been delivered to the City and contractor. All portions of the contract documents have been signed or identified by City and contractor or by Public Works Director on their behalf. City of Okeechobee Project No. PW 01-10-01-16 Public Works Department 18 This agreement will be effective on Iebfua Uf (N City Contractor Corpo e Se I Lok m s E. Attest: Lane Gan City Clerk CIVIC Name: A% MAPUrR, 050DZ Title: FFt raT Attest: Title: &V-C2rw� Addresses for giving notices: City Contractor City of Okeechobee 55 SE 3rd Avenue O1(c e. C-ho brc. I P C- 3q / 7¢- Okeechobee, FL 34974 Approved as to form and legali)y for the use and reliance of the City of Okeechobee only. , /Z John R. Cook, City Attorney City of Okeechobee Public Works Department 19 Project No. PW 01-10-01-16 SECTION IX PW 01-10-01-16 GOVERNING SPECIFICATIONS 1) Lawn Care Service: Shall include, but not to be limited to: a) Mowing: Turf areas shall be maintained in a healthy, growing, green, trim condition. All grass areas should be mowed no less than 43 times per year, or accordingly to make sure that the grass areas have a neat appearance at all times, no matter how many times the contractor must mow. Mowing shall be performed to ensure a smooth surface appearance without scalping or leaving any missed, uncut grass; shall not be performed when weather or other conditions would cause damaged turf; and shall be performed carefully so as not to `bark' trees or shrubs, intrude into ground cover beds, displace mulch, or damage sprinkler heads, etc. b) Grass Height: shall be maintained about 2-3 inches or as conditions require. c) Prior to mowing, the vendor shall be responsible for the removal of all trash, litter and debris including that which would be cut or scattered by mowing. Also, leaves and all tree droppings in parking lots and surrounding areas will be swept or vacuumed and removed. d) Trimming: Grass shall be trimmed during, or as an immediate operation following mowing. Turf will be trimmed at the same height as adjacent turf is mowed. Areas requiring trimming include but are not limited to: trees, sprinklers, edges, plant beds, and all other objects as required by designee. e) Edging: Mechanical edging of all turf edges abutting sidewalks, flush paved surfaces, curbs, drives, patios, decks will be completed during each mowing. Edging shall be performed to result in neat vertical uniform lines and uniform depths. Depths, line boundaries and areas shall be determined by Designated City representatives. 2) Fertilizer: vendor will apply fertilizer as city feels is needed. The vendor shall notify the City designee when fertilizer is needed and he Will make arrangements for the vendor to obtain from the City. The vendor shall be responsible to make sure as to not burn the lawn. The City will purchase fertilizer and give to the vendor for application. The vendor will do the application at no additional expense to the City. City of Okeechobee Public Works Department Prcject No. PW 01-10-01-16 21 3) Time: All work should begin and finish on the same day if at all possible. 4) Clean up: vendor is to remove all trash, clippings, and all other debris before they leave the site(s). No tools, equipment, or debris will be left on the site(s) including sidewalks. This includes removal of debris for the curb edges after mowing and cleaning. 5) Supervision: a) Vendor shall provide an adequate number of trained qualified supervisors capable of providing adequate supervision to accomplish the services. b) Each supervisor, to the satisfaction of the City's representative(s), shall be capable of verbal and written communication in the English language and shall be able to adequately communicate with service workers. c) The City representative(s) may request the vendor to remove any supervisor if it is determined that the individual is not performing the services as seen appropriate by the City. d) The supervisor shall be available for site inspections, as required by the City representative, to review maintenance procedures and practices under the contract. Deficiencies in procedures and practices shall be corrected to the satisfaction of the City's representative(s). Failure to comply with terms and conditions, specifications, and/or failure to correct deficiencies to the satisfaction of City representative(s) shall be cause for cancellation of the vendors' contract. 6) Damage: a) Vendor shall notify City representative(s) of damaged plant materials resulting from vehicle damage, storm damage, or vandalism. All observed hazards shall be reported utilizing the vendor weekly work report.. b) The vendor shall be responsible for repairs or replacement of all plant materials, equipment and property damaged by his/her employees during performance of maintenance duties. After notification by the vendor of damage, the City representative(s) will determine the degree of damage and notify the Contractor of his responsibility. c) All repairs shall be completed within three (3) calendar days, with the exception of sprinkler damage. Sprinkler system damage shall be repaired within one (1) day. City of Okeechobee Public Works Department Project No. PW 01-10-01-16 22 7) Debris: All debris (i.e. grass, tree trimmings, hedge clippings, tree branches, broken limbs, pine needles, pine cones, gravel/sand, cigarettes, cans, litter, etc.) shall be removed and disposed of at proper facilities at the vendor's expense. All plant beds, ground covers, and mulched areas shall be maintained free of weeds, trash, fallen limbs and dead vegetation. During each time of service, leaves and all tree droppings in parking lots and surrounding areas will be swept or vacuumed and removed off site. 8) Irrigation: Automatic sprinklers shall be visually and functionally checked each visit. The contractor shall repair any damage done by vendor's personnel or equipment and make adjustments to sprinkler heads, as needed. Any serious malfunctions shall be reported to the City representative(s). The contractor shall trim around all sprinkler heads, as needed, to provide free flow of water. 9) Pruning/Trimming of shrubs, plants, bushes: a) All shrubs, plants, hedges, and bushes shall be trimmed and or pruned, as necessary, to maintain a manicured appearance including trimming and or pruning necessary to maintain vehicle sight lines. b) All plants shall be maintained to a well -shaped appearance according to each species natural growth habit. Flowering shrubs shall be pruned in the proper season to allow full flowering potential for the following flower season. c) The vendor shall prune all hedges and plant material under the direction/approval of City representative(s). 10) Disease Control: It is the contractor's responsibility to prevent and control all diseases that are harmful to the health and vigor of the grasses and plants. 11) Weeding: Weeding and cleaning of all plant beds, including all hedges and ringed areas around trees, will be completed during each site visit to maintain a manicured appearance. For the purpose of this specification a week will be considered as any undesirable or misplaced growth. City of Okeechobee Public Works Department 23 Project No. PW 01-10-01-16 12) Storm Damage: The contractor shall be responsible to provide labor to remove any debris at any time while under this contract, at no cost to the City, even if it is from a storm. The City may help with the larger debris that are caused by a major storm. 13) Replacement of Landscape: If vendor notices dead or dying landscape they are to notify the City's designee immediately. If the vendor is not responsible for the damaged landscape, the City will make arrangements and cover the cost of the needed landscape. If the vendor is responsible, then after the City approves the replacement, the vendor will do the replacement at no additional expense to the City. 14) Documentation: The vendors designated supervisor shall provide a receipt to the using department. Receipt must be signed by designated City representative(s) as acknowledgment of services completed. This shall be accomplished with each weekly visit. See attached form to be used. 15) Special Events: Several times during the year a special event will take place in and around our City. It is the bidders' responsibility to assure that the areas affected by the event(s) are impeccable in their appearance, both prior and after the event(s), including mowing and removal of all debris. 16) Right -of -Ways, Medians and Sidewalks: All right-of-ways, medians and sidewalks located within the City of Okeechobee on Southwest Park Street (State Road 70 West), Southeast Park Street (State Road 70 East), North Parrott Avenue (US Highway 441 North) and South Parrott Avenue (US Highway 441 South) from the Main Intersection (US Hwy 441 and State Road 70) to the City Limits. Each block within the above specified area will have full or partial median and sidewalk that must be maintained. Even if the median is concrete it must be maintained. A minimum of one (1) foot beyond the edge of the sidewalk (edge of right-of-way) must be maintained for appearance purposes. These are manicured areas and special attention must be given to them whenever any event requires that the medians and sidewalks need maintenance just prior to and after the event. 17) Information: All questions in regards to this contract, and/any information that the City needs to be informed of shall be directed to the City's designee. City of Okeechobee Project No. PW 01-10-01-16 Public Works Department 24 18) Safety and appearance: Vendor shall provide and ensure the wearing of personal protective equipment (PPE), masks, eye protection, etc., as required by laws, regulations, ordinances, and/or manufacturer's instructions for material and equipment. Vendor shall assure that all personnel working within any road Right — of —Way shall wear appropriate ANSI class vest or shirt at all times. While performing the work required by this contract, the public will perceive you as an employee of the City. Workers should assure that the clothes they wear reflect positively on both the City and the Vendor 19) Maintenance of Traffic (MOT): a) Vendor shall provide proper MOT for all work performed within medians or other areas that require the temporary closure of traffic lanes. MOT shall be maintained according to indexes 600 to 625 of current FDOT design standards. b) Vendor shall notify the City's Public Works Director two (2) Business days prior to any lane closures. 20) Equipment: It shall be the vendor's responsibility to ensure that all equipment used shall be properly maintained in order to protect the operator and public/private property. Any equipment that is inoperable, unsafe, or improper for desired use shall be removed from the premises. The City's representative(s) will have the right to reject the use of any specific piece of supplied equipment on site. It must be immediately removed and another unit used to perform the tasks. All mowers are to be adjustable and adjusted to the proper cutting height and level for the kind of grass and current condition of the turf. All mower blades are to be sharp enough to cut, rather than tear the grass. 21) Reporting: It is the vendor's responsibility to report weekly the landscape maintenance tasks performed during the week by 4:00 p.m. Friday. Reports shall be submitted to Patty Burnette, General Services either by via fax at 863- 763-1686, e-mail at pburnette@cityofokeechobee.com, or delivered in person to the General Services Department at 55 SE Third Avenue, Okeechobee FL 34974. Failure to submit the weekly landscape maintenance report may result in a 25% reduction in the amount paid monthly to the vendor per missed report. City of Okeechobee Public Works Department Project No. PW 01-10-01-16 25 41 Exhibit 9 Feb 5, 2019 Page 1 of 3 Revised 3-21-17 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-9821 Fax: 863•-763-1686 PARK USE AND/OR TEMPORARY STREET/ SIDEWALK CLOSING PERMIT APPLICATION Date Received: I f - t '?- I Date Issued: d Application No: I jC . , :j � Date(s) & Times of Event: c C a gholjq.0, Information: Organization: fe—C f1 u b Ge 1'-'1 Ct t'n Mailing Address: ►�j 5` C s'Yu j' e ���tP, �I��.�.�.Yto(?� , -FL• _,q 7 Z . Contact Name: rl ' jk Lj%-- - 5 E-Mail Address: .J I Work: I ?,c�--) In 9-46, 1 Home: I I Cell: 1 `4U"'7 �/q.7le t!0-1 1 Summary of activities: Proceeds usaae: LAX, C"'e V-1 I I C 'V - I QLuCLAf Ok Q Y"(U) lire 0-�AO c u" i i «,t-w '1�'-Cu4A,9-e-c d- cv +- C oyyLi" I L4L-1 -v1 . Please check requested Parks: Flagler Parks: ❑ City Hall Park ❑ #1 Memorial Park ❑ #2#3 ❑ #4 ❑ #5 ❑ #6 [Park 3 is location of Gazebo. Park 4 is location oXBa`ndstand] (If other private property used in conjunction with this Park Use Permit please provide the address and parcel number below along with notarized letter of authorization from property owner) Additional Addresses, if applicable Parcel ID: ,S� ���� N6 ; *W Page 2 of 3 Revised 11/4/16 TEMPORARY STREET AND SIDEWALK CLOSING INFORMATION (Street Closings require City Council approval. Meetings}�1" & 3`' Tuesdays but subject to change) Address of Event: ,� P')) hC ;� G � Par �— : ,r A� IS ,I-5"iJ C I,;�i �� - �.- 1 ! 1 Dom-= �'ilI fLcs: -, .6,'nA),) -1Y1! 1ir'lLJ;.r=.w•: �! ll `t-i Street(s) to be closed: H.-F, ' t 2 OCR ' ,i C dL O V EcLr 1x_ SA'tt &1- 'v ` �, d -�i/z W IV Date(s) to be closed: oZ :— Time(s) to be closed: C 16Se-- e,#-S ct+Z '� �i t'!�►<'l° i�,�C .�!'l�l f� I�l Cc) Purpose of Closing: C1q c) Attachments Required for Use of Parks Attachments Required for Street/Sidewalk C insin¢c ► Site Plan - --------- - ► Site Plan ► Copy of liability insurance in the amount of ► Copy of liability insurance in the amount of $1,000,000.00 with the City of Okeechobee as $1,000,000.00 with the City of Okeechobee and R.E. additional insured. Hamrick Testamentary Trust as Additional Insured. ► Proof of non-profit status (IRS Determination ► Original signatures of all residents, property owners and Letter) business owners affected by the closing. ► State Food Service License if> 3 days. ► State Food Service License if> 3 days. ► Notarized letter of authorization from ► State Alcoholic Beverage License, if applicable.** property owner, if applicable.* * Required if private property used in conjunction with a Park Use application. ** Alcoholic beverages can be served only on private property. Alcoholic beverages NOT ALLOWED in City Parks, City streets or City sidewalks. See additional note below. ❑ Please check if items will be sold on City streets/sidewalks. Each business will need to apply for a Temporary Use Permit 667 along with the Street Closing application. Note: ► Clean-up is required within 24 hours. ► No alcoholic beverages permitted on City property, streets or sidewalks. ► No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption Iicenses. You must have the appropriate license(s). ► The Department of Public Works will be responsible for delivering the appropriate barricades. ► Dumpsters and port-o-lets are required when closing a street for more than three (3) hours. Applicant must meet any insurance coverage and code compliance requirements of the City and other regrulations of other governmental regulatory agencies. The applicant will be responsible for costs associated with the event, including damage of property. By receipt of this permit, the applicant agrees and shall hold the City harmless for any accident, injury, claim or demand whatever arises out of applicant's use of location for such event, and shall indemnify and defend the City for such incident, including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual costs incurred by the City pertaining to the event including, but not limited to, Police, Fire, Public Works or other departmental expenses. The City reserves the right to require from an applicant a cashier's check or advance deposit in the sum approximated by the City to be incurred in providing City services. Any such sum not incurred shall be refimded to the applicant of this Park Use/Street Closing Permit. 41 Page 3 of 3 Revised 11/4/16 I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(s) 03-8 and 04-03, concerning the use and the rules of using City property, that the information is correct, and that I am the duly authorized agent of the organization. I agree to conform with, abide by and obey all the rules and regulations, which may be lawfully prescribed by the City Council of the City of Okeechobee, or its officers, for the issuance Certificate of Insurance must name City of Okeechobee as Additional Insured as well as R.E. Hamrick rust if closing streets or sidewalks. t' 6 OL6 G �lccatu 1 -Zvi �,pplica ahlre Date 00"OFFICE USE ONLY**** Staff Review Fire Department: Date: j Building Official: 4YDate: • ZZ Public Works: / -y-� - --- Date: Police Department: � Date: BTR Department: ("Im fiq /I Date: � �. City Administrator: Date: i 3 ' City Clerk: t%��( Aa ;. i. hrLt� l < � Date: l.. ���` _1�.-% NOTE: APPLICATION AND INSURANCE CERTIFICATE MUST BE COMPLETED AND RETURNED TO THE GENERAL SERVICES DEPARTMENT THIRTY (30) DAYS PRIOR TO EVENT FOR PERMITTING. Temporary Street and Sidewalk Closing submitted for review by City Council on Temporary Street and Sidewalk Closing reviewed by City Council and approved Date Date A i :i Okeechobee MAIN STREET OW Values = New Visions J Top of the Lake Art Fest will include booth, gallery, and chalk artist. Artist will have a choice to be a part of the Juried-Division or Non-Juried Division. Juried Division includes cash prizes and ribbons. Non-Juried Division will not compete, although they will be able to participate in hopes of selling their artwork pieces. Art Fest will also include a DJ. Taste of Okeechobee will give local restaurants an opportunity to pair up with a Park Street retailer and promote both businesses. 55 S. Parrott Avenue Okeechobee, FL 34972 1 Phone:863-357-6246 www.OkeechobeeMainStreet.org IT).' : Okecchohec MAIN STREET ,jr Business Name Signatu4 re Print Name Date Zippy's Addington Satellite 2ciLY4 4(fdatbl, I Big Tasty Out Post Stafford's Custom Graphic's Don's Appliance I Stop Party Shop AC, &"/w L av ' By signing this document you understand that the 300 block in front of your business will be closed to traffic the weekend of February 9h and I O'h 2019. Starting February 81h at 5:00pm Okeechobee Main Street's 2019Top of the Lake Art Fest Street Closure Friday, February 8 at Spm - Sunday, February 10 at Spm i Gallery Tent Main Artist Booths, me,µ r Children's Art Activities, Sand Sculpture and Emerging Artist Tent •• . will be located in grassy area of 0 Flagler Park #3 �% 001-" 4 . Y ;_ E ♦p'�# Pet Parade Contest __„ _. i •'4 ir- � � •"' * ;;'.,;;�, • �.� ' �. & Paw Prints Paint Activities r=� • Chalk Art Area tage an DJ —Entertainment ' d ,.� •: ' . �r `�'°` � ,� �' f l Performance Area Non- Art and Food Vendors will be placed on SW Park Street (South side) - , A& ,71 SW Park Street beteen SW 4th Ave and SW 3rd Avenue Closed App RRees i - � - /- V -* , — D -� - 44-- -'-D ceuj- -Lj I nlc),fr CA A"A inn X. E. KEEFE COUNCIL MEMBER COMMENTS Feb 51201q As a new City Councilman, I am not familiar with the "ins" and "outs" ; "dos" and "don'ts"; or Intricacies of Okeechobee City Government. That is why I ask a lot of questions to Lane or Marcos. I'm sure I am not the only one... But, I believe it would be prudent to create, for the benefit of those it would apply to, a MANUAL OF POLICIES & PROCEDURES; CODES OF CONDUCT AND ETHICS. Something we can refer to or that can provide us guidance in our actions. An example of what we would find in this resource document is the City's official policy on Council Members' attendance at Staff or Citizen Board Meetings. Since we do not have this Manual yet, I questioned Lane and Marcos about our policy on this matter. They both deferred to Attorney Cook, which is why we all have his memo and Attorney General Advisory Legal Opinions. (THANK YOU MR. COOK) It would be great to receive something like this upon being elected. Can we get this on the agenda to direct staff to create something for our review? 2. DEVELOP CITY OF OKEECHOBEE MISSION STATEMENT AND VISION STATEMENT. (Venice City Calendar has theirs) Mission Statement: Why do we exist? How do we serve our customers? How do we serve the community? Every City employee should know why we (and they) do what we do. Vision Statement: Our declaration of objectives, intended to guide our internal decision -making, and express our goals for improving our City and our citizens' lives. LET'S BE VISIONARY! Let's start working toward a greater future for Okeechobee! We need to stop simply "surviving" and start "THRIVING"!! 9 a�lli MLOP rl February 10, 2019 Lake Okeechobee News 15 YMS holds fundraiser for the athletic program By Richard Marion Lake Okeechobee News Yearling Middle School Athletics will sponsor a 5K Fun Run(Walk at the Okeechobee Agri -Civic Center on March 23 at 8 am. to help raise money for their vol- leyball, soccer and boys and girls basketball programs. The 5K Fun Rur Walk is named "Run- ning with the Bulls," in honor of Yearling's mascot and will be open to runners, walk- ers and children of all ages. YMS Athletics Director Erin Perman says the funds raised by the event will go to pay for referees, transportation, help teams with equipment and uniforms, an end of the year sports banquet for students who played throughout the school year, and game workers in future years. During the 2018-19 school year all game workers were working on a volunteer basis due to low funds. "Athletics are important because it teach- es responsibility, work ethic, commitment, team work, setting and meeting goals, having the right attitude, and understanding that grades are important," Mrs. Perman said about the significance of athletic pro- grams in school. Along with being the athletics director, Special to the lake Okeechobee News/YMS Three of the ten members of the YMS girls basketball team had never played organized basketball before they had the opportunity at Yearling, and six of the members were In the sixth grade. Mrs. Perman is also the head co-.n of the YMS girls basketball team and says ihal seeing the girls learn to work together as a team was one of the things she enjoyed most this year. "Seeing the growth in the girls as individuals and as a team was a highlight," said Mrs. Perman "Great girls with great attitudes that showed up to practice every day, worked hard, showed no disrespect and were good teammates to one another. We also had awesome parent support all Lake Okeechobee News/Cathy Womble Reyana honored for 15 years' service Chief 13ob Peterson and Mayor Dowling Watford present a longevity service award to Bolen Rayons for 15 years' service at the Feb. 5 meeting of the Okeechobee City Council. season." Three of the ten members of the YMS girls basketball team had never played organized basketball before they had the opportunity at Yearling and six of the mem- bers were in the sixth grade. The Yearling volleyball team went 17-1 this year and represented Okeechobee in the Treasure Coast and Around the Lake tournaments. YMS volleyball was crowned champions in both of those tournaments. Preregistration for the 5k Flat Run/Walk is due by March 8, but anyone can sign up leading up to the event. Prices for the event range from $20 for adults to $10 for anyone 17 and under. In addition to helping YMS athletics the registration fee will include a t-shirt for attendees. For more information on the event visit runsignup.corrymsrun- ningw!ththebulls or email Mrs. Perman at erin.perman@okee.kl2.fl.us. YMS Athletics is also currently accepting sponsors for the race T-shirts for $50 which will let local businesses gain visibility by having their name on the shirt while at the same time supporting youth athletics and physical fitness in Okeechobee. Mrs. Perman is hoping to make this an annual event in order to help fund the athletic program in the years to come. One of the first sports the funds will be able to help with is softball, which is some- thing new for Yearling. Softball games are scheduled to be played this spring. Softball tryouts will be held the week of Feb. 11. In order to try out, students have to turn in an updated sports physical and take three online courses. That paperwork is available in the front office of YMS. "We are excited about building the ath- letics programs and giving more students an opportunity to participate," Mrs. Perman concluded. 11 BE INVOLVED IN YOUR CITY: Up Citizen Boards need Volunteers The City of Okeechobee appoints residents to serve as volunteers on various boards and committees. This Is YOUR opportunity to be involved in YOUR Community! Planning Board/Board of Adjustment/Design Review Board, City and County residents may apply. Meetings are held the third Thursday of each month at 6:00 p.m. Applications, full descriptions, additional requirements, and other information may be obtained from and submitted to the Office of the City Clerk at 55 SE 3rd Avenue, Okeechobee, Florida, 863-763-3372 x 9814 or downloaded from cityofokeechobee.com. By: City Clerk Lane Gamiotea, CIVIC