2019-08-06 Ex 02Ordinance No. 1186 - Page 1 of 3
ORDINANCE NO. 1186
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING
AND ABANDONING CERTAIN STREETS AND RIGHTS-OF-WAY BEING
AN UNIMPROVED PORTION OF SOUTHEAST 4TH STREET (f/k/a
AVENUE A) MORE PARTICULARLY DESCRIBED HEREIN; RESERVING
UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE
EASEMENT FOR CANAL MAINTENANCE; 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. 19-002-SC submitted by property owner Louis
D’Onofrio, for the closing of a certain Right-of-W ay as described in this Ordinance;
and
WHEREAS, the City of Okeechobee Technical Review Committee reviewed and discussed
Petition No. 19-002-SC at a duly advertised public meeting held on May 16, 2019,
and recommended approval with the following conditions: that a 12-foot easement
be reserved for the City Public Works Department for canal maintenance; and
WHEREAS, Petition No. 19-002-SC was reviewed and discussed by the City of
Okeechobee Planning Board at a duly advertised Public Hearing held on June 20,
2019, and determined such Petition to be consistent with the Comprehensive Plan,
and recommended approval with the following conditions: that a 12-foot easement
be reserved for the City Public Works Department for canal maintenance; and
WHEREAS, the City Council reviewed Petition No. 19-002-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:
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 SOUTHEAST 4TH STREET (F/K/A AVENUE A),
RUNNING EAST TO WEST, LYING SOUTH OF LOT 12 OF BLOCK
E, WRIGHTS THIRD ADDITION TO OKEECHOBEE, PLAT BOOK 1,
PAGE 9, WEST OF SOUTHEAST 10TH AVENUE (F/K/A HANCOCK
STREET), AND NORTH OF LOT 1 OF BLOCK F AND LOT 1 OF
BLOCK 4, WRIGHTS FIRST AND SECOND ADDITION TO
OKEECHOBEE, PLAT BOOK 1, PAGE 12, AND IS
APPROXIMATELY 40-FEET BY 373.5 FEET, PUBLIC RECORDS
OF OKEECHOBEE COUNTY, FLORIDA.
Ordinance No. 1186 - Page 2 of 3
SECTION 2: The City of Okeechobee, Florida hereby reserves unto itself, its successors
and assigns, a perpetual, non-exclusive access Easement along the North
12-feet of Lot 12 of Block E, WRIGHTS THIRD ADDITION TO
OKEECHOBEE as recorded in Plat Book 1, Page 9, Okeechobee County
public records; said Easement will be a subsequently recorded Easement
filed commensurate with the effective date o f Final Public Hearing for this
Ordinance.
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: This Ordinance shall be set for Final Public Hearing the 6th day of August,
2019, and shall take effect upon the easement provided in Section 2 herein
is approved by the City Council and 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 16th day of July,
2019.
____________________________________
Dowling R. Watford, Jr., Mayor
ATTEST:
________________________________
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 6th day of August,
2019.
____________________________________
Dowling R. Watford, Jr., Mayor
ATTEST:
________________________________
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
________________________________
John R. Cook, City Attorney
Ordinance No. 1186 - Page 3 of 3
ORDINANCE NO. 1186 – EXHIBIT A
The following excerpt is from the City of Okeechobee Subdivision Map to identify the
portion of Right-of-W ay to be abandoned as requested by Petition No. 19-002-SC.
Petition
#19-002-SC
SE 4th ST
between
10th Avenue &
Canal
approximately
40x373.5 feet
1 3
O
y}
CITY OF OKEECHOBEE
General Services Department
55 Southeast 3rd Street
PAGE 1
Okeechobee, Florida 34974
863-763-3372X9820
NEEMEMEM
Fax. 863-763-1686
ABANDONMENT OF RIGHT-OF-WAY PETITION
PETITION N0.
Application fee (non-refundable)
Date Fee Paid: q -f -s 9
Receipt No: 40 q-
$600.00
Note: (Resolution No. 98-11) Schedule of Land
TRC Meeting:
— 16- €
Publication Date:
Letters Mailed:
Development Regulation Fees and Charges
When the cost for advertising publishing and
mailing notices of public hearings exceeds the
P$/BOA Meeting:
` '
Publication Dates:
Letters Mailed:
City Council 15L Reading: - ` CMR Letter E-mailed:
established fee, or when a professional
consultant is hired to advise the city on the
Ci Council Public Hearin -
g' .3
-`o 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 IRight-of-Way to be Abandoned: 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:
x x
w
That portion of SE 4th Street (f/k/a Avenue A), running E to W, lying
South of Lot 12 of Block E, Wrights 3rd Addition to Okeechobee, Plat
Book 1, Page 9, West of SE 10th Avenue (f/k/a Hancock Street), and
North of Lot 1 of Block F and Lot 1 of Block 4, Wrights 1St and 2nd
Addition to Okeechobee, Plat Book 1, Page 13, and is approximately
40 feet by 373.5 feet, Public Records of Okeechobee County, Florida.
PAGE 2 fin l Pibyi=e
,mol - -744 -- ! a 3
CjefinlS pC1y',l11.510e'y c.e Pa t C'Crn
�',
PETITION NO. 1
V ( 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)
r9r 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)
11 -� ( Confirmation of Information Accuracy 11
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.
—1; 0! � 14, / 2 e - [, 4 C 11012
Signature r V Printed Name Date
Name of property owner(s): ` -
'"
Owner(s) mailing address: AZ /2, �e; ,—
r
Owner(s) e-mail address:
Owner(s) daytime phone(s): 30 1,--)'j Fax:
V ( 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)
r9r 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)
11 -� ( Confirmation of Information Accuracy 11
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.
—1; 0! � 14, / 2 e - [, 4 C 11012
Signature r V Printed Name Date
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:
4 Pro .ased vacation would,not -6,, arclize thealocatio „ofsant }utilii ., .. .
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).
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).
Checklist for Abandonment of Right -of -Way
Petition No.
Date
Required Information and Attachments
Rcvd
Ck'd
1
Application fee (non-refundable) $600.00
Note: (Resolution No. 98-11) Schedule of Land Development Regulation
Fees and Charges
When the cost for advertising publishing and mailing notices of public
V`
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.
2
Completed and signed petition
3
Copy of recorded deed of petitioner as well as any other property owner
whose property is contiguous to the right-of-way.
4
Letters of Consent or Objection. (If more than one property owner is involved
they the
and are not signing petition).
5
Location map of subject property and surrounding area within 100' (See
Information Request Form attached) and dimensions of right-of-way.
6
List of all property owners within 300' of subject property (See Information
Request Form attached)
7
Site Plan of property after abandonment. (No larger than 11x 17)
8
Utility Companies Authorization Form. (See attached)
9
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)
This instrument prepared by
and when recorded return to:
Gene D. Lipscher, Esquire
1O25West |ndiantownRoad
Suite 106
Jupiter, Florida 33458
httpxY67J7.91.15
FIL-E NUM 1
OR BK 775 PG 1648
SHARON ROBERTSON, CLERK OF CIRCUIT COURT
UKE[CHU8EE COUNTYY FLORIDA
RECORDED 06/06/2016 12:35:47 PM
AMT $10.00
RECORDING FEES $18.50
o[E0 DOC *0.70
RECORDED BY o new»ovm
,os 1648 - 1649; (2 pvs)
Property Control Identification No. 10
QUIT CLAIM DEED
'
THIS DEED dated as ofthe �-,�Iayof �� from Marg Lierite Ann
D'Onofrio,, a widower, ("Grantor'), having an address oM356 Alexander Run, Jupiter,
Florida 33478, to Louis D'Onofrio, a single man, (Grantee"), having an address of 16356
Alexander Run, Jupiter, Florida 33478.
That, for and in consideration of the sum of Ten and No/I 00 Dollars ($10,00) and
other good and valuable considerations, receipt whereof by Grantor is hereby
acknowledged, Grantor does hereby grant, bargain, sell, alien, remise, release, convey,
and quitclaim unto Grantee all of the Grantor's right, title, interest, if any, in and to that
certain real property lying and being in the County of Okeechobee, Florida, and more
particularly described as:
LOT 1 OF BLOCK 4, WRIGHT'S FIRST ADDITION TO OKEECHOBEE,
AND LOT 1 OF BLOCK F, WRIGHT'S SECOND ADDITION TO
OKEECHOBEE, ACCORDING TO THE PLAT 71 � 0'RECOF RECORDED IN
PLAT BOOK 1, PAGE 13, PUBLIC RECORDS OF OKEECHOBEE
COUNTY, FLORIDA.
'--
LOT 12OFBLOCK E.WRIGHT'S THIRD AM|T0NTODKEECHO8EE'
ACCORDING TOTHEFLATTHERER}RERECORDED|NPLATBOOK 1'
PAGE S.PUBLIC RECORDS OFOKEECHDDEECOUNTY.FLORIDA.
SUBJECT TOrestrictions, reservations and easements ofrecord, applicable zoning
ordinances and taxes for 2015 and subsequent years.
TOHAVE AND 0HOLD the same in fee simple forever, tonetherwith all the
h*nmmmnts, heredibamenta, and appurtenances Uhenaun|r /`e|nrginQ or in nnywlse
mxmawe*w,ionSystems Corporation
2ny2 3/25/2019, 2:51 PK
CITY OF OKEECHOBEE
lyw,n�# �1114-X-o
Utility Companies Authorization Form
INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It
.4 .4 .4 ...;a U — ---+(- f-, —h narenn
Florida Power & Light
cfy-N
863-467- or
10 S Ar
Donna Padgett
(4 C -1 44, OF
863-467-3708
Authorized Signature Typed Name &Title Phone No. Date
Embarq d/b/a Century Link
407-814-5318
Victoria Buchner
victoria .buchnerCa)centul7link,CM
Authorized Signature Typed Name & Title
Comcast Cable
863-763-2824
107 NW 71h Avenue
Phone No. Date
Authorized Signature Typed Name & Title Phone No. Date
Okeechobee Utility Authority
John Hayford
863-763-9460
100 SW 51h 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
March 6, '20,19
Louis D'0no-.:;-,-'.
io-j5o Y)LiexanucrKun
Jupiter Florida 33478-8282
-via Email: rzuber1020(g
p1mil.coLn
Copied To:
ukeecnonee Nh 4- St & 10 Ave
No Reservations/No Objection
"LIBJECT.- Vacate and Abandon a Portion of SE 4" St & 10' Ave. (Platted as Avenue "A"),
ril-rigar -S iso, Z--- M 3-n Adattions to ukeectionee Fiats; Okeechobee County APIN: 3-22-37-35-62-30-
00040-0010, 3-22-37-35-0230-OOOFO-0010, 22-37-35-0250-00000-0120 PRN 811390
Dear Mr. D'Onof'--'--
Embgq Florida Inc., d/b/a Ceng e or the subject
ali ("CenturyLinIC') has reviewed the request f
vacation and has determined that it has no objections
Jections with respect to the areas proposed for vacation as
shown and/or described on Exhibit "A". said Exhibit "A" attached hereto and incomorated by this
reference.
It is the intent and understanding of CenturyLink that this Vacation shaii not reduce our rights to any
other existing easement or rights we have on this site or in the area.
mitis vacation response is submitted WITH THE STIPULATION that if CenturvLink facilities are found
and/or damaged within the vacated area as described, the Applicant will bear the cost of relocation and
repair of said facilities.
If you have any questions or would like to discuss this action further, please contact Stephanie Canary at
(352)425-8763 or by email at Stet)hanie.C�itiai-v(ii2Century,I,,ink.com.
Sincerely yours,
Michael Pietluklewicz
ROW Agent
CITY OF
CHOBEE
m
RIGHT-OF-WAY ABANDONMENT PETITION
thility Companies Authorbaflon Form
Utility Auth�iif-v----
John Hayford
863-763-9460 _.
Typ
Typed Name & Titk Phone .
mm
uth klM, Signmiure Tvpc.: _arae & liter M
- Date
"1 0 1 RFD 0 N 1,Y FOR CITY OF GREECI1 1" I RST AWITIO N 1-
1" :x HOREE SUBDIVISIONS
ItAinrick RAM*
Gil Culbreth,Co-Truvev
863-763-3154
Exhibit A LNO PRN 811390
Ave "A" aka 4`h Street to be Vacated.
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lapl'nnt_Okeechobee-County-Property-Appraiser 1-16-'2019
http://gob.okeechobeepa.conVgis/gisPnnt/
4th Street to be Vacated
latted Avenue "A" in
Wrights 1 st, 2nd & 3rd
Addition.
of 1 1/16/2019. 11:51 PM
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4th Street to be Vacated
latted Avenue "A" in
Wrights 1 st, 2nd & 3rd
Addition.
of 1 1/16/2019. 11:51 PM
M
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 verson.
Florida Power & Light
863-467-3721 or
Donna Padgett
863-467-3708
Authorized Signature
V;
V
Embarq d/b/a Century Link
407-814-5318
Victoria Buchner
victorla,buchnCr(&ontuUjInk.com
Typed Name & Title Phone No. Date
Authorized Signature Typed Name & Title Phone No. Date
Comcast Cable
863-763-2824
107 NW 71h Avenue
I Z
Authoriz Signature Typed Name & Title Phone No. Date
Okeechobee Utility Authority
John Hayford
863-763-9460
100 SW 51h 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
Johnson,
From: Johnson, Rick
Sent: Tuesday, March 5, 2019 8:37 AM
To: Gorman, Kirk
Subject: RE: Right of way Abandonment Petition
Yup got it
From: Gorman, Kirk <Kirk—Gorman@cable.comcast.com>
Sent: Monday, March 4, 2019 6:47 PM
To: Johnson, Rick <Rick_Johnson @cable.comcast.com>
Subject: FW: Right of way Abandonment Petition
Rick — Is this something that you handle?
From: Brown, Shaunaye
Sent: Monday, March 4, 2019 3:25 PM
To: Gorman, Kirk <Kirk Gorman@cable.comcast.com>
Subject: Right of way Abandonment Petition
Good afternoon,
Customer is trying to get utility companies authorization forms completed. Can you complete forms if possible and send
back to customer, below is the customers contact information. Attached are the documents that need to be completed,
if you can assist or direct to correct department to complete for customer, please.
Customers name: Louis D'Onofrio
Contact: 561-301-7071
Thank you
Shaunaye Brown
1
CITY OF OKEECHOBEE
RIGHT-OF-WAY ABANDONMENT PETITION
Utility Companies Authorization Form
f INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It
V
W
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.buchn er0centu rylink.com
Authorized Signature Typed Name & Title Phone No. Date
Comcast Cable
863-763-2824
107 NW 7th Avenue
Authorized Signature
Typed Name & Title Phone No. Date
Okeechobee Utility Authority tn ns i
John Hayford curus :5-� a 0�Zlockc g�
863-763-9460 14
o a" t- Q aC . -rb,, (+
100 SW 51h Avenue
66 n cA L
thorizeigna 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
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Okeechobee County Property Appraiser Mikey L. Bandl I Okeechobee, Florida 863-763-4422
PARCEL: 3-22-37-35-0230-00040-0010 1 SINGLE FAM (000100) 10.166 AC NOTES:
WRIGHTS FIRST ADDITION TO OKEECHOBEE (PLAT BOOK 1 PAGE 13) LOT 1 BLOCK 4
D'ONOFRIO LOUIS
Ow ner: 16356 ALEXANDER RUN
JUPITER, FL 334788282
Site: 400 SE 10TH AVE,
OKEECHOBEE
Sales 51212016 $mo I(U)
Info 5/31/2005 5141.000 I(ll)
1012512002 $60.000 I (l1)
s
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Okeechobee County. FL
This Information,, was derived from data which was compiled by the Okeechobee County Property Appralser Office solely for the governmental purpose of property assessment. This information should not be
relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or its interpretation.
Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office.
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404 SE 10TH AVE
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ELEADES SVETLANA
501 SE 8TH DR
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CANDLER DANIEL B & MARCIA F
11000 NW 64TH TRL
OKEECHOBEE
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DECARIE WILLIAM ROGER
511 THORNE ST HAWKSBURY ONTARIO K6A2N7
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ARMSTRONG MICHAEL EUGENE
902 SE 10TH ST
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BARTOE VIRGIL R & NORNETA M
827 SE 4TH STREET�
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401 SE 8TH DR
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280 W PARK DR APT 106
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Staff Report
Right-of-Way Abandonment/Street Closing
Prepared for: The City of Okeechobee
Council
Applicant: Louis D’onofrio
Petition No.: 19-002-SC (Unimproved R/W of SE 4th St
between SE 10th Ave and Canal)
Staff Report Applicant: Louis D’onofrio
Right-of-Way Abandonment Petition No. 19-002-SC
1
Request
The matter before the Planning Board is an application to abandon the east-west 373.5-
foot long, 40-foot wide unimproved right-of-way of SE 4th St. between SE 10th Ave and a
canal, more particularly described in the legal description of the property. The requested
abandonment encompasses 14,940 square feet (0.34 acres). The Applicant makes the
following statement on his petition application:
“S.E. 4th street is a dead end road. I’m taking care of it. It in middle of my property
that I’m maintaining and I would like to improve my house and land.”
General Information
Applicant
Louis D’onofrio
16356 Alexander Run
Jupiter, FL 33478
Site Address The east-west unimproved right-of-way of SE
4th St. between SE 10th Ave and a canal
Contact Person Dennis M. Boyce, PA
Contact Phone Number 561-744-1233
Contact E-mail Address dennis@dennisboycepa.com
Legal Description of Subject Property
That portion of SE 4 th Street (f/k/a Avenue A), running E to W, lying South of Lot 12
of Block E, Wrights 3 rd Addition to Okeechobee, Plat Book 1, Page 9, West of SE 10 th
Avenue (f/k/a Hancock Street), and North of Lo t 1 of Block F and Lot 1 of Block 4,
Wrights 1 st and 2 nd Addition to Okeechobee, Plat Book 1, Page 13, and is
approximately 40 feet by 373.5 feet, Public Records of Okeechobee County, Florida
Characteristics of the Subject Property
Existing Proposed
Future Land Use
Map Classification Single-Family Residential Single-Family Residential
Zoning District RMF - Residential Multi-Family &
IND - Industrial
RMF - Residential Multi-Family &
IND - Industrial
Use of Property Vacant, unimproved street R/W Residential
Acreage 14,940 sf (0.34 acres) 14,940 sf (0.34 acres)
Staff Report Applicant: Louis D’onofrio
Right-of-Way Abandonment Petition No. 19-002-SC
2
Description of the Subject Site and Surrounding Area
AERIAL
The subject of the abandonment/vacation, the 40’ by 373.5’ vacant, unimproved right-of-
way of SE 4th Street is outlined in Red, and the existing land uses in the vicinity are shown
below on the aerial photograph from the Property Appraiser’s office. The Applicant owns
all three of the surrounding parcels.
Staff Report Applicant: Louis D’onofrio
Right-of-Way Abandonment Petition No. 19-002-SC
3
FUTURE LAND USE
The subject of the abandonment/vacation, the 40’ by 373.5’ vacant, unimproved right-of-
way of SE 4th Street, is outlined in Red, and the existing Future Land Use Map
designations are shown on this excerpt from the City’s Future Land Use Map. All
surrounding properties are designated Single Family Residential and it seems
appropriate to place the same designation on the vacated property.
Staff Report Applicant: Louis D’onofrio
Right-of-Way Abandonment Petition No. 19-002-SC
4
ZONING
The subject of the abandonment/vacation , the 40’ by 373.5’ vacant, unimproved right-of-
way of SE 4th Street is outlined in Red, and the existing zoning designations are shown
on this excerpt from the City’s Zoning Map. The northern adjacent parcel is designated
Industrial and the southern adjacent parcels are designated Residential Multifamily.
Since the applicant is currently using the property as a residential use, it seems
appropriate to designate the proposed vacated area as Residential Multifamily.
Staff Report Applicant: Louis D’onofrio
Right-of-Way Abandonment Petition No. 19-002-SC
5
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 Calibri.
REQUIREMENT STAFF COMMENTS
1. Proposed vacation is consistent with
the Comprehensive Plan.
“Single family Residential zoning –
Vacation provides continuous access for
improving property”
There is nothing in the City’s Comprehensive Plan
concerning abandonment/vacation of alleys.
2. Right-of-way to be vacated is not the
sole access to any property, and the
remaining access is not an
easement.
“Right of way is surrounded by
petitioner’s property.”
All three parcels bordering the alley are owned by the
applicant and two of those parcels have access to SE
10th Ave.
3. Proposed vacation is in the public
interest and provides a benefit to the
City.
“In public interest to provide
improvement and stronger tax base”
The proposed right-of-way area to be vacated has not
been improved to facilitate vehicular traffic. Turning
over maintenance responsibility to the Applicant and
adding this property to the City tax rolls will be a benefit
to the City.
4. Proposed vacation would not
jeopardize the location of any utility.
“City water and front of property
septic.”
The Applicant has received authorization from all
necessary utility entities. However, it may be necessary
to reserve a portion of this property as an easement in
order to preserve access to the canal.
Technical Review Committee Recommendation
The TRC reviewed this request on May 16, 2019 and voted 5-0 to approve this request
with the condition that a 12 foot wide easement be provided on the north side of lot 12 in
order to facilitate maintenance to the canal.
Staff Report Applicant: Louis D’onofrio
Right-of-Way Abandonment Petition No. 19-002-SC
6
Planning & Zoning Board Recommendation
The Planning & Zoning Board reviewed this request on June 20, 2019 and voted 4-1 to
approve this request with the condition that a 12 foot wide easement be provided on the
north side of lot 12 in order to facilitate maintenance to the canal .
Staff Recommendation
Based on the foregoing information and analysis, we believe, from a planning perspec -
tive, that the requested alley vacation/abandonment can be considered consistent with
the requirements of Sec. 78-33. Staff recommends approval with the condition that a 12
foot wide easement on the north side of lot 12 be provided for maintenance access to
the canal.
Submitted by:
Benjamin L. Smith, AICP
Sr. Planner
LaRue Planning
June 10, 2019
TRC Meeting: May 16, 2019
PB/BOA Meeting: June 20, 2019
City Council 1st Reading: July 16, 2019
City Council 2nd Reading and Public Hearing: August 6, 2019
TRC - May 16, 2019 - Page 1 of 3
MINUTES OF THE
TECHNICAL REVIEW COMMITTEE
THURSDAY, MAY 16, 2019, 10:00 A.M.
CITY OF OKEECHOBEE
55 Southeast 3rd Avenue
Okeechobee, Florida 34974
I. CALL TO ORDER – Chairperson.
The May 16, 2019, Technical Review Committee (TRC) meeting was called to order at 10:03 a.m. by
Chairperson Montes De Oca.
II. STAFF ATTENDANCE – Secretary.
Voting Members:
City Administrator Marcos Montes De Oca – Present
Building Official Jeffery Newell – Present
Fire Chief Herb Smith – Present
Police Chief Robert Peterson – Absent (Major Donald Hagan in attendance)
Public Works Director David Allen – Present
Non-Voting Ex-Officio Members:
City Attorney John R. Cook – Present
City Planning Consultant Ben Smith – Present
City Civil Engineering Consultant – Attendance not requested
County Environmental Health Department Victor Faconti – Absent
OUA Executive Director John Hayford – Present
School District Representative – Absent
Committee Secretary Patty Burnette – Present (Ms. Jackie 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.
Fire Chief Smith moved to dispense with the reading and approve the Minutes for the regular meeting
held January 17, 2019; seconded by Building Official Newell. Motion carried unanimously.
V. NEW BUSINESS – Secretary.
A. Abandonment of Right-of-Way Petition No. 19-002-SC, requests to vacate that portion of Southeast
4th Street (f/k/a Avenue A), running East to West, lying South of Lot 12 of Block E, Wrights 3rd
Addition to Okeechobee, Plat Book 1, Page 9, West of Southeast 10th Avenue (f/k/a Hancock Street),
and North of Lot 1 of Block F and Lot 1 of Block 4, Wrights 1st and 2nd Addition to Okeechobee, Plat
Book 1, Page 13, Public Records, Okeechobee County, and is approximately 40 feet by 373.5 feet -
Senior Planner.
Planning Staff Report: Planning Consultant Smith explained the Applicant, Mr. Louis D’Onofrio, owns
all of the contiguous parcels and currently maintains the right-of-way. He has obtained all of the
necessary utility companies’ authorizations.
TRC - May 16, 2019 - Page 2 of 3
V. NEW BUSINESS CONTINUED.
A. Abandonment of Right-of-Way Petition No. 19-002-SC continued.
Planning Staff Report continued:
Planning Staff’s responses to the required findings are the property is designated Single Family on
the Future Land Use Map. The right-of-way is not the sole means of access to any property. All three
parcels bordering the right-of-way are owned by the Applicant and two of those parcels have access
to Southeast 10th Avenue. The proposed right-of-way area to be vacated has not been improved to
facilitate vehicular travel. Turning over maintenance responsibility to the Applicant and adding this
property to the City tax rolls will be a benefit to the City. Finally, the Applicant has received
authorization from all necessary utility entities however, it may be necessary to reserve a portion of
this property as an easement in order to preserve the canal. Planning Staff is recommending
approval based on these findings.
County Environmental Health Department: No issues were received.
OUA: No issues were received.
Public Works: Public Works Director Allen discussed needing an easement for access to the
Augustus Canal for maintenance purposes.
Police Department: No issues were received.
Building Official: Building Official Newell inquired as to why the Applicant was not asking to abandon
the small portion of the East to West right-of-way between Lot 1 of Block F and Lot 1 of Block 4.
Secretary Burnette clarified the entire right-of-way would need to be petitioned to be abandoned. The
consent of the contiguous property owners would be needed as well as the utility company’s
authorizations. She had previously discussed this with Mr. D’Onofrio when he submitted his
Application.
Fire Department: No issues were received.
Chairperson Montes De Oca asked whether there were any comments or questions from those in
attendance. Mr. Dennis Boyce, P.A., and Mr. Louis D’Onofrio, the Applicant and Property Owner,
were in attendance. Mr. Boyce inquired as to what the Future Land Use (FLU) and Zoning
designations would be for the right-of-way should the abandonment be approved. Planning
Consultant Smith replied the FLU would be Single Family Residential, which is the current FLU of the
surrounding parcels and the Zoning would be Residential Multiple Family, which is currently how
those surrounding parcels are zoned.
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 none.
Motion and second was offered by Building Official Newell and Fire Chief Smith to approve
Abandonment of Right-of-Way Petition No. 19-002-SC, to vacate that portion of Southeast 4th
Street (f/k/a Avenue A), running East to West, lying South of Lot 12 of Block E, Wrights 3rd
Addition to Okeechobee, Plat Book 1, Page 9, West of Southeast 10th Avenue (f/k/a Hancock
Street), and North of Lot 1 of Block F and Lot 1 of Block 4, Wrights 1st and 2nd Addition to
Okeechobee, Plat Book 1, Page 13, Public Records, Okeechobee County, and is approximately 40 feet by 373.5 feet.
TRC - May 16, 2019 - Page 3 of 3
V. NEW BUSINESS CONTINUED.
A. Abandonment of Right-of-Way Petition No. 19-002-SC continued.
Building Official Newell offered to amend the motion on the floor to recommend approval to
the Planning Board for Abandonment of Right-of-Way Petition No. 19-002-SC, to vacate that
portion of Southeast 4th Street (f/k/a Avenue A), running East to West, lying South of Lot 12 of
Block E, Wrights 3rd Addition to Okeechobee, Plat Book 1, Page 9, West of Southeast 10th
Avenue (f/k/a Hancock Street), and North of Lot 1 of Block F and Lot 1 of Block 4, Wrights 1st
and 2nd Addition to Okeechobee, Plat Book1, Page 13, Public Records, Okeechobee County,
and is approximately 40 feet by 373.5 feet, with the following condition: Public Works easement of 12 feet required on the north side on Lot 12 of Block E. Fire Chief Smith
seconded the amended motion.
Motion and second was offered by Building Official Newell and Fire Chief Smith to
recommend approval to the Planning Board for Abandonment of Right-of-Way Petition No. 19-
002-SC, to vacate that portion of Southeast 4th Street (f/k/a Avenue A), running East to West,
lying South of Lot 12 of Block E, Wrights 3rd Addition to Okeechobee, Plat Book 1, Page 9,
West of Southeast 10th Avenue (f/k/a Hancock Street), and North of Lot 1 of Block F and Lot 1 of Block 4, Wrights 1st and 2nd Addition to Okeechobee, Plat Book1, Page 13, Public Records,
Okeechobee County, and is approximately 40 feet by 373.5 feet, with the following condition:
Public Works easement of 12 feet required on the north side on Lot 12 of Block E.
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 10:16 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
__________________________________ __________________________________
CITY OF OKEECHOBEE PLANNING BOARD
CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974
DRAFT SUMMARY OF BOARD DISCUSSION FOR JUNE 20, 2019
PAGE 1 OF 7
AGENDA DISCUSSION
I. CALL TO ORDER – Chairperson.
Regular Meeting, June 20, 2019, 6:00 P.M.
II. OPENING CEREMONIES:
Pledge of Allegiance led by Chairperson Hoover.
III. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE – Secretary.
Chairperson Dawn Hoover
Vice Chairperson Doug McCoy
Board Member Phil Baughman
Board Member Karyne Brass
Board Member Rick Chartier
Board Member Mac Jonassaint
Board Member Les McCreary
Alternate Board Member Felix Granados
Alternate Board Member Jim Shaw
Board Attorney John R. Cook
City Planning Consultant Ben Smith
Administrator Marcos Montes De Oca
Board Secretary Patty Burnette
IV. AGENDA – Chairperson.
A. Requests for the addition, deferral, or withdrawal of items on today’s agenda
by Staff, Board Members or the Public.
V. MINUTES – Secretary.
A. Motion to dispense with the reading and approve the Summary of Board
Action for the April 18, 2019, regular meeting and May 16, 2019 Workshop.
In the absence of the Chairperson and Vice Chairperson, Secretary Burnette called the June 20, 2019 meeting to
order at 6:04 p.m. and instructed those present to appoint a Chairperson Pro-Tempore to preside over the meeting.
By consensus of the Board, Member Brass was appointed.
The Pledge of Allegiance was led by Chairperson Pro-Tempore Brass.
Board Secretary Burnette called the roll:
Absent (with consent)
Absent
Present
Present
Absent (with consent)
Present
Present
Absent (with consent)
Present (moved to voting position)
Absent (with consent)
Present
Absent (with consent)
Present
Chairperson Pro-Tem Brass 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.
Member Baughman moved to dispense with the reading and approve the Summary of Board Action for the April 18,
2019, regular meeting and May 16, 2019 Workshop; seconded by Member McCreary. There was no discussion on this
item.
JUNE 20, 2019 - PLANNING BOARD - PAGE 2 OF 7
AGENDA DISCUSSION
V. MINUTES CONTINUED.
A. Motion to dispense with the reading and approve the Summary of Board
Action for the April 18, 2019, regular meeting and May 16, 2019 Workshop
continued.
VI. UNFINISHED BUSINESS – Secretary.
A. Reading of Form 8B Memorandum of Voting Conflict for Municipal Public
Officers related to Rezoning Petition No. 19-003-R on April 18, 2019.
VII. OPEN PUBLIC HEARING – Chairperson.
A. Abandonment of Right-of-Way Petition No. 19-002-SC, to vacate a
portion of Southeast 4th Street from Southeast 10th Avenue westward to
deadend (approximately 40-feet by 373.5-feet) (Exhibit 1).
1. Review TRC Recommendation – approval with special conditions.
VOTE
HOOVER – ABSENT MCCOY – ABSENT BAUGHMAN– YEA BRASS – YEA CHARTIER – ABSENT
JONASSAINT – YEA MCCREARY– YEA GRANADOS – ABSENT SHAW – YEA MOTION CARRIED.
Secretary Burnette read into the record Form 8B Memorandum of Voting Conflict for County, Municipal, and other
Local Public Officers related to Rezoning Petition No. 19-003-R which was received on April 18, 2019, and filed by
Alternate Board Member Rick Chartier, address 2017 Southwest 67th Drive, Okeechobee Florida, and made a part of
the official record filed in the permanent Minute File for this meeting.
CHAIRPERSON PRO-TEM BRASS OPENED THE PUBLIC HEARING AT 6:08 P.M.
Abandonment of Right-of-Way Petition No. 19-002-SC, to vacate a portion of Southeast 4th Street from Southeast
10th Avenue westward to deadend (approximately 40-feet by 373.5-feet).
Mr. Ben Smith of LaRue Planning Services was present as the City’s Planning Consultant to provide the Planning
Staff findings. Mr. Smith explained the Applicant, Louis D’Onofrio, is requesting to abandon the east-west 373.5-foot
long, 40-foot wide unimproved right-of-way of Southeast 4th Street between Southeast 10th Avenue and a canal. The
Applicant owns all of the contiguous properties which encompass Lot 12 of Block E, Lot 1 of Block F, and Lot 1 of Block
4.
The Petition was reviewed at the May 16, 2019, Technical Review Committee Meeting, a recommendation was made
for approval with the following special condition: the City of Okeechobee Public Works Department requires an
access easement of 12-feet on the north side of Lot 12, Block E, to facilitate maintenance to the canal.
Planning Staff is recommending approval based on the following responses to the required findings. The property is
designated Single Family on the Future Land Use Map. The right-of-way is not the sole means of access to any
property. All three parcels bordering the right-of-way are owned by the Applicant and two of those parcels have
access to Southeast 10th Avenue. The proposed right-of-way area to be vacated has not been improved to facilitate
vehicular travel. Turning over maintenance responsibility to the Applicant and adding this property to the City tax
rolls will be a benefit to the City. Finally, the Applicant has received authorization from all necessary utility entities
however, it may be necessary to reserve a portion of this property as an easement in order to preserve the canal.
Member Brass relayed her concern as to whose responsibility it would be for maintaining the proposed Public Works
easement and assurance that nothing would be blocking accessibility to the easement. Mr. Smith replied it would be
the Applicant’s responsibility for maintenance and that structures could not be built in the easement.
JUNE 20, 2019 - PLANNING BOARD - PAGE 3 OF 7
AGENDA DISCUSSION
VII. PUBLIC HEARING ITEM CONTINUED.
A. 2. Hear from the Property Owner or Designee/Agent - Mr. Louis D’Onofrio.
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
Petition No. 19-002-SC.
b) Board discussion.
c) Vote on motion.
B. Consider LDR Text Amendment Application No. 19-001-TA, amending
Sections 66-1; 90-223; 90-253; 90-282; 90-312; 90-313; 90-342; 90-402;
an application and proposed fee for Parking Reduction Requests (Exhibit
2).
1. Presented by Planning Staff.
Chairperson Pro-Tem Brass asked whether the property owner or designee/agent wished to speak. Mr. Louis
D’Onofrio, was in attendance and available for questions. Member Shaw inquired as to what the Applicant’s intended
use would be for the property should the abandonment be approved. Mr. D’Onofrio responded he wished to finish
making repairs to the residence, add a small driveway and just generally clean up the property so that he could
reside there.
Chairperson Pro-Tem Brass asked whether there were any comments or questions from those in attendance. There
were none. The Petition was advertised in the local newspaper, a sign was posted on the subject property and
courtesy notices were mailed to 25 surrounding property owners.
Chairperson Pro-Tem Brass 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 Jonassaint to recommend approval to the City Council for
Abandonment of Right-of-Way Petition No. 19-002-SC, to vacate a portion of Southeast 4th Street from Southeast
10th Avenue westward to deadend (approximately 40-feet by 373.5-feet) with the following special condition: the City
of Okeechobee Public Works Department requires an access easement of 12-feet on the north side of Lot 12, Block
E, Wright’s 3rd Addition to Okeechobee, Plat Book 1, Page 9, Public Records of Okeechobee County, Florida, to
facilitate maintenance to the canal.
Chairperson Pro-Tem Brass asked whether there was any further discussion. There was none.
VOTE
HOOVER – ABSENT MCCOY – ABSENT BAUGHMAN– YEA BRASS – NAY CHARTIER – ABSENT
JONASSAINT – YEA MCCREARY– YEA GRANADOS – ABSENT SHAW – YEA MOTION CARRIED.
The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively
scheduled for August 6, 2019, 6:00 P.M.
The following proposed Land Development Regulations (LDR’s) Text Amendments, provided through Application
No. 19-001-TA, amends Code Book Sections 66-1; 90-223; 90-253; 90-282; 90-312; 90-313; 90-342; 90-402; and
Appendices A, B, and C, which stem from a Workshop held on May 16, 2019. Refer to those minutes for additional
discussion regarding each of the areas discussed.
Mr. Ben Smith of LaRue Planning Services was present as the City’s Planning Consultant to provide the Planning
Staff findings. Exhibit 2 contained a copy of two memorandums dated June 12, 2019, one with the subject titled
“LDC Revisions-Retail Service, Personal Service, Pawnshops and Bars”, (one page) and the other subject titled
JUNE 20, 2019 - PLANNING BOARD - PAGE 4 OF 7
AGENDA DISCUSSION
VII. PUBLIC HEARING ITEM CONTINUED.
B. 1. Presented by Planning Staff for Application No. 19-001-TA continued.
2. Public comments or questions from those in attendance, or submitted to
the Board Secretary.
3. Disclosure of Ex-Parte Communications by the Board.
4. a) Consider a recommendation to the City Council to approve or deny
Application No. 19-001-TA.
“Appendix Revisions-Parking Reduction Petition” (one page). The memorandums provided background and purpose
of each proposed amendment. The Exhibit also contained a copy of the text amendment in a draft ordinance, (eight
pages) as well as a draft resolution (three pages) which provided the exact language to be added or deleted to each
section of the code.
Chairperson Pro-Tem Brass asked whether there were any comments or questions from those in attendance. There
were none.
Chairperson Pro-Tem Brass asked Board Members to disclose for the record whether they had spoken to anyone
prior to this meeting regarding the Application. None were offered.
Motion and second was offered by Members McCreary and Jonassaint to find LDR Text Amendment Application No.
19-001-TA consistent with the Comprehensive Plan, and recommend to the City Council approval of the following
sections as presented:
Add definition for “pawnshop” to Section 66-1, Definitions, to read as follows: Pawnshop means an establishment
where items may be bought outright or left as collateral in order to borrow money; and which those same items may
be sold.
Amend Section 66-1, Definitions, Service, personal, by deleting the word “pawnshop” from the list.
Amend Section 66-1, Definitions, Service, retail by deleting the words “restaurant, take-out restaurant, café,
pawnshop” and the wording “as well as a bar or tavern for on premise consumption of alcoholic beverages”
Amend Sections 90-282, 90-342, and 90-402, by adding “pawnshop” to the list of permitted uses in the Heavy
Commercial (CHV), Industrial (IND), and Mixed-Use Planned Unit Development (PUD-M) Districts.
Amend Sections 90-223, 90-253 and 90-313, by adding “pawnshop” to the list of special exception uses in the
Commercial Professional and Office (CPO), Light Commercial (CLT), and Central Business District (CBD) Zoning
Districts.
Amend Sections 90-312, 90-342, and 90-402, by adding “bar” to the list of permitted uses in the CBD, IND, and
PUD-M Districts.
Amend Sections 90-312, 90-342, and 90-402, by adding “restaurant, take-out restaurant and café” to the list of
permitted uses in the CBD, IND, and PUD-M Districts.
Amend Appendices A, B, and C to include submittal requirements and processing standards for applications for
JUNE 20, 2019 - PLANNING BOARD - PAGE 5 OF 7
AGENDA DISCUSSION
VII. PUBLIC HEARING ITEM CONTINUED.
B. 4. a) Consider a recommendation to the City Council to approve or deny
Application No. 19-001-TA continued.
b) Board discussion.
c) Vote on motion.
CLOSE PUBLIC HEARING – Chairperson.
VIII. RECESS REGULAR MEETING AND CONVENE WORKSHOP – Chairperson.
A. Planning Staff Report Topics (Exhibit 3),
1. Restaurant parking requirements.
2. Minimum square footage for single family dwellings.
parking reduction petitions, as well as an application form; standards for parking study submittals; and adding a fee.
Chairperson Pro-Tem Brass asked whether there was any further discussion. There was none.
VOTE
HOOVER – ABSENT MCCOY – ABSENT BAUGHMAN– YEA BRASS – YEA CHARTIER – ABSENT
JONASSAINT – YEA MCCREARY– YEA GRANADOS – ABSENT SHAW – YEA MOTION CARRIED.
The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively
scheduled for August 6, 2019, 6:00 P.M.
CHAIRPERSON PRO-TEM BRASS CLOSED THE PUBLIC HEARING AT 6:26 P.M.
CHAIRPERSON PRO-TEM BRASS RECESSED THE REGULAR MEETING AND CONVENED THE WORKSHOP
SESSION AT 6:26 P.M.
Mr. Smith explained this topic was previously discussed at the May 16, 2019 Workshop meeting and the consensus of
the Board was they requested some examples as they wanted to make sure this proposal would not present higher
requirements for businesses than what they are held to currently. He explained he still has further research to do and
will bring the item back for discussion at the next workshop meeting.
Mr. Smith reviewed his Staff Report dated June 12, 2019, explaining the City’s current standard according to Section
90-169 of the LDR’s is, any single-family dwelling located in a Residential Single Family-One; Residential Single
Family-Two; Residential Multiple Family; or Residential Mobile Home, zoning district shall comply with the following
appearance and design standards: Minimum floor area. The minimum floor area shall be 800-square feet, including
the area of an attached garage (but excluding carport, screened porch or Florida room) except as provided in
subsection (10) herein. To be eligible for calculation as minimum floor area, such square footage shall be contained
under a single integrated roof system. A roof system designed by the manufacturer to be a single structure shall be
considered an integrated roof system under this subsection even if delivered in more than one part and assembled
on site. Mr. Smith further commented that should the Board recommend increasing the single family dwelling
minimum unit size, it may be appropriate to consider providing a specific standard for each zoning district where
single family dwellings are a permitted use. This would allow for zoning districts with smaller lot sizes to continue to
accommodate smaller dwelling unit sizes and to minimize the number of nonconformities that would be created by
JUNE 20, 2019 - PLANNING BOARD - PAGE 6 OF 7
AGENDA DISCUSSION
VIII. WORKSHOP ITEMS OF DISCUSSION CONTINUED.
A. 2. Minimum square footage for single family dwellings continued.
3. Mobile food vendors.
this proposed revision. Lastly, he explained to the Board while reviewing the existing LDR’s, he discovered several
sections that were not organized correctly. The RMH zoning district actually includes several sections, (90-167
through 90-172), which seem to be intended to apply to multiple zoning districts. He suggests either creating a new
division in the LDR’s to move these sections to or move them to the section that is entitled Supplementary District
Regulations.
Discussion among the Board Members touched on if the minimum floor area requirement includes the area of an
attached garage, would that then mean the garage could be actually bigger than the single family dwelling and also
what does a single integrated roof system mean. Mr. Smith commented he would need to research the Florida
Building Code to see if there is a minimum requirement for a single family dwelling as it seems like the actual
dwelling should be larger than the attached garage. He explained a single integrated roof system would mean
sharing the same single roofing structure.
Consensus of the Board was to allow the Planner time to research the Florida Building Code to determine if there
are square footage requirements for the actual dwelling and they liked his recommendation of moving Sections
90-167 through 90-172 to a different section of the LDR’s instead of just being included in the RMH zoning district.
Mr. Smith reviewed his Staff Report dated June 12, 2019 explaining he was directed to address the issue of mobile
food vendors also known as food trucks as they are not specifically addressed in the City’s LDR’s. Currently in
Section 14-121 of the City’s LDR’s it states, sales of merchandise on City-owned or leased properties, or on City
road rights-of-way lying within the City, is prohibited. Additionally, mobile food vending is not specifically allowed in
any of the City’s zoning districts and would not meet the standards for restaurants or other food service establishments
without approval of a site plan that included considerations for parking, bathrooms and other standards. Except for the
allowable exemption for special events provided in Section 14-141 of the LDR’s, it is staff’s opinion that mobile food
vending is effectively prohibited within the City. In order to provide the Board with a full understanding of the potential
benefits and the potential problems associated with mobile food vending, he has provided two articles, Planning for
Food Trucks (two pages) and Eating on the Go: Mobile Food Trucks (five pages), which provide a thorough description
of the issues involved. In addition he has also provided code regulations from Okeechobee County, Fort Myers and the
City of Melbourne, which demonstrate several alternative approaches to regulating mobile food vending. He offered
four different options for the Board to discuss: take no action and continue to rely on the existing LDR’s; strengthen the
existing LDR’s to specifically define mobile food vending, specifically prohibit mobile food vending, and continue the
existing exemption for special events; allow for additional opportunities for mobile food vending on private property in
certain situations; or allow for additional opportunities for mobile food vending on public property in certain situations.
Discussion among the Board Members touched on the consensus that mobile food vending was currently prohibited.
They discussed several pros and cons of permitting mobile food vendors/trucks within the City limits. Impact on small
businesses, concerns with monitoring health issues, these businesses not paying property taxes, and special events
JUNE 20, 2019 - PLANNING BOARD - PAGE 7 OF 7
AGENDA DISCUSSION
VIII. WORKSHOP ITEMS OF DISCUSSION CONTINUED.
A. 3. Mobile food vendors continued.
RECESS WORKSHOP AND RECONVENE REGULAR MEETING.
IX. ADJOURNMENT – Chairperson.
Please take notice and be advised that when a person decides to appeal any decision made
by the Planning Board/Board 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.
_________________________________
Karyne Brass, Chairperson Pro-Tempore
ATTEST:
_______________________________
Patty M. Burnette, Secretary
for nonprofit organizations. If they were allowed, then maybe they should be permitted by special exception, so
specifics could be included to address parking, bathrooms, if they would be permitted to have seating, hours of
operation, how many vendors would be allowed to have a permit for operating, in which zoning districts they would be
permitted and should health inspections be conducted. Member Brass commented that having a mobile food truck is
sometimes how a company starts out before opening a restaurant. She also offered, given the City is only a little over
four square miles, and several food trucks are located in close proximity to the City, folks do not need to travel far to
find one. Member Jonassaint mentioned maybe establishing a place in the City where trucks could come once a week
and set up. Discussion ensued as to where that possible location could be. They had no locations to offer.
Consensus of the Board was to take no action on this topic and continue to rely on the existing LDR’s.
CHAIRPERSON PRO-TEM BRASS ADJOURNED THE WORKSHOP AND RECONVENED THE REGULAR
MEETING AT 7:15 P.M.
There being no further items on the agenda, Chairperson Pro-Tem Brass adjourned the meeting at 7:15 p.m.
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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
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