2006-09-21
112
CITY OF OKEECHOBEE
PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS MEETING
SEPTEMBER 21, 2006 SUMMARY OF BOARD ACTION
I. CALL TO ORDER - Chairperson.
Planning BoardIBoard of Adjustment and Appeals, September 21,2006,
6:00 p.m.
II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary.
Chairperson William Ledferd
V ice-Chairperson Dawn Hoover
Board Member Terry Burroughs
Board Member Kenneth Keller
Board Member Carol Johns
Board Member Devin Maxwell
Board Member Douglas McCoy
Alternate Epifanio Juarez
Alternate Mike O'Connor
Attorney John R. Cook
Planner Jim LaRue
Secretary Betty J. Clement
III. MINUTES - Secretary.
A. Motion to dispense with the reading and approve the Summary of
Planning BoardIBoard of Adjustment Action for the July 20, 2006
regular meeting.
In the absence of Chairperson Ledferd, V ice Chairperson Hoover called the September 21 , 2006 meeting
to order at 6:00 p.m.
Board Secretary Clement called the roll:
Absent (Without consent)
Present (Acting as Chairperson)
Present
Present
Present
Present (Entered Chambers at 6:20 p.m.)
Present
Present (Moved to voting position)
Present (Moved to voting position)
Present (Entered Chambers at 6:30 p.m.)
Present
Present
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Board Member Burroughs moved to dispense with the reading and approve the Summary of Board
Action for the July 20, 2006 regular meeting; seconded by Board Member Keller.
HOOVER - YEA
JOHNS - YEA
O'CONNOR - YEA
VOTE
MCCOY - YEA
KELLER-YEA
MOTION CARRIED.
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BURROUGHS-YEA
JUAREZ-YEA
:september :U, :.lUUb Planning Hoard/Hoard 01" Adjustment and Appeals - Page 0 6 3
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IV. AGENDA - Chairperson.
A.
Requests for the addition, deferral or withdrawal of items on today's
agenda.
V. OPEN PUBLIC HEARING - Chairperson.
A.
Consider Comprehensive Plan Map Amendment Petition No. 06-0 15-SSA:
Property owners Kay and Wes Harvin, Sr. and Wes Harvin, Jr. are
requesting to change Future Land Use designation from Single Family
(SF) to Commercial (C) for property located at 306 Northwest 4th Street.
Legal description: Lots 9 and 10 of Block 106, City of Okeechobee
Subdivision, Plat Book 5, Page 5, Public Records, Okeechobee, County,
Florida. - City Planning Consultant.
Vice Chairperson Hoover asked whether there were any requests to add, defer or withdraw items on
today's agenda. New Business Item (3) was added, proposed LDR Amendment to allow for a Special
Exception to park semitrailers and commercial vehicles on residential property.
VICE CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:03 P.M.
Mr. LaRue reviewed the Planning Staff Report as follows: The applicant is proposing to amend the
Future Land Use Map to allow commercial uses on the property. The property is currently being used
as a residential dwelling with CPO Zoning. This request would provide consistency with the zoning map
for the property and allow the applicant to operate a professional law office.
Comprehensive Plan Analysis: A. Consistency with the Land Use Categories and Plan Policies. As
proposed, the applicant's request is consistent with Objective 2 and Policy 2.1 (c) of the Future Land Use
Element. This Future Land Use Map Amendment will allow consistency with the current zoning of the
property, as stated earlier. Objective 2: The City of Okeechobee shall continue to ensure that all new
development is consistent with the Future Land Use Element. Policy 2.1: The following land use
designations are established for the purpose of managing future growth: (c) Commercial. Pem1itted uses
include, office, retail, automotive wholesale, and related commercial activities. Also permitted are public
facilities. Commercial development shall not exceed a floor area ratio of 3.00 and the maximum
impervious surface for development within this category shall not exceed 85 percent of the site. B.
Concurrency of Adequate Public Facilities: The subject property is already developed and has adequate
public facilities. C. Compatibility with Adjacent and Nearby Land Uses: The current existing land use
is consistent with the adjacent and nearby uses. These uses include professional offices, the courthouse,
and a vacant residential dwelling. D. Compliance with Specific Standards of the Plan. The City's
Comprehensive Plan goals, objectives and policies, as they are intended, could allow for an amer.dment
to the Future Land Use Map to Commercial. This proposed amendment would be consistent and provide
a link to the existing uses that are established.
1
V. PUBLIC HEARING CONTINUED.
A.
Comprehensive Plan Map Amendment Petition No. 06-015-SSA,
continued.
QUASI-JUDICIAL
B.
Consider Special Exception Petition No. 06-01O-SE: To allow an
outdoor vehicle sales lot within a Heavy Commercial District (ref.
LDR's Sec. 90-283(18) submitted by property owners Lynda and C.
Roland Durrance II. The subject property is located at 908 Northwest
Park Street. Legal description: Lots 22 to 26 of Block 163, City of
Okeechobee Subdivision, Plat Book 5, Page 5, Public Records,
Okeechobee, County, Florida. - Planning Consultant.
Analysis and Conclusions: This application and its appearance before the City Council and the LP A
were duly noticed for the public in accordance with public notice requirements under Florida Statutes,
Chapter 163. Based on the Comprehensive Plan, its goals, objectives and policies, the location of this
property, and due consideration of the adjacent land uses, it is recommended that this application for a
Small Scale Future Land Use Map Amendment from Single Family to Commercial be approved as it is
consistent with the Comprehensive Plan. Any changes necessary to comply with parking and other City
Code requirements can be accommodated at the site plan review stage.
Board Member Burroughs asked what the current zoning was? Mr. LaRue answered Commercial
Professional Office (CPO).
Board Member McCoy moved to find Comprehensive Plan Future Land Use Map Amendment
Application No. 06-015-SSA requesting to change future land use designation from Single Family (SF)
to Commercial (C) for property located at 306 Northwest 4th Street. Lots 9 and 10 of Block 106, City of
Okeechobee Subdivision, Plat Book 5, Page 5, Public Records, Okeechobee, County, Florida, consistent
with the Comprehensive Plan, and recommend to approve to the City Council; seconded by Board
Member Burroughs.
HOOVER-YEA
JOHNS-YEA
O'CONNOR - YEA
VOTE
MCCOY - YEA
KELLER-YEA
MOTION CARRIED.
BURROUGHS-YEA
JUAREZ-YEA
Consider Special Exception Petition No. 06-01 O-SE: To allow an outdoor vehicle sales lot within a Heavy
Commercial District (ref. LDR's Sec. 90-283(18) The application was submitted by property owners
Lynda and C. Roland Durrance II. .The subject property is located at 908 Northwest Park Street (SR 70).
Mr. LaRue reviewed the Planning Staff Report as follows: The subject property is approximately 0.813
acre(s) fronting on Northwest Park Street (SR 70) which is subject to this Special Use Exception petition.
The applicant intends to continue use of the property for the sale of horse and livestock trailers. The
dwelling with public utilities and the adjoining property users are as follows: North - Vacant, East -
Inventory Parking for Eli's Trailer Sales, South - Eli's Western Wear and West - Church.
September 21, 2006 - Planning BoardIBoard of Adjustment and A peals - Page 0 5
v. PUBLIC HEARING CONTINUED.
B.
Special Exception Petition No. 06-01O-SE, continued.
Required findings to approve a special exception: A. The use is not contrary to the Comprehensive
Plan requirements since the applicant's request is to use the property for sales of livestock trailers and
truck accessories. B. The use is specifically authorized as a special exception use in the zoning district,
Section 90-283(18) allows outdoor vehicle sales lots as a special exception. The State now classifies
"trailers" as "vehicles." The applicant has been using the property for this use for the past several years;
however, the state has reclassified horse trailers as vehicles, the applicant has to obtain a new occupational
license which initiated this special exception petition. C. The continued use will not have an adverse
effect on the public interest. D. The use is appropriate for the proposed location, is reasonably
compatible with adjacent uses and is not detrimental to urbanizing land use patterns. E. The existing use
will not adversely affect property values or living conditions, nor be a deterrent to the development of
adjacent property. It can be viewed as an encouragement for redevelopment in the area. F. This is an
existing use, the applicant's have already been before the Technical Review Committee where screening
and buffering requirements are proposed for the property during Site Plan Review phase of development.
If necessary, the use may be required to provide additional screening from the surrounding uses. G. The
use will not create a density pattern that will overburden public facilities or create traffic congestion. H.
The use will not create flooding or drainage problems, or otherwise affect public safety.
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Staff Recommendation: Move that Petition No. 06-01 O-SE be approved based on the findings contained
in the Planning Consultant's report.
Board Member Burroughs suggested the Special Exception be granted to the current ownership not with
the property. .
Board Member McCoy inquired whether the Special Exception would be in effect as long as the use
stayed the same? Mr. LaRue replied yes. Board Member McCoy stated he does not want the property
sold and changed into a used car lot.
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Board Member O'Connor moved to approve Special Exception No. 06-01O-SE submitted by C. Roland
Durrance II and Lynda Durrance to allow an Outdoor Vehicle Sales Lot Within a Heavy Commercial
District (ref. LDR's Sec. 90-283(18) located at 908 Northwest Park Street; seconded by Board Member
Burroughs.
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Se tember 21, 2006 - Planning BoardlBoard of Ad.ustments and Appeals - Page 5 of 6
V. PUBLIC HEARING CONTINUED.
B.
Special Exception Petition No. 06-01O-SE, continued.
CLOSE PUBLIC HEARING - Chairperson.
VI. NEW BUSINESS.
A.
Consider and discuss requests for amendments to the City's Land
Development Regulations - Chairperson.
B.
Consider an Ordinance to amend Ordinance No. 716, Land Develop-
ment Regulations, Particularly Article III, Division 8, Section 90-253
Special Exception Uses, and Section 90-512 Space Regulations; provid-
ing for an effective date. - City Planning Consultant
c.
Consider an LDR Amendment regarding Section 90-486 Special Excep-
tion for Semitrailers and Commercial Vehicles within Residential
Zoning Districts. - City Attorney
HOOVER-YEA
JOHNS - YEA
O'CONNOR - YEA
VOTE
MCCOY - YEA
KELLER-YEA
MOTION CARRIED
BURROUGHS-YEA
JUAREZ-YEA
VICE CHAIRPERSON HOOVER CLOSED PUBLIC HEARING AT 6:13 P.M.
Vice Chairperson Hoover asked whether there were any requests from the Board, Staff, or citizens
regarding Land Development Regulation Amendments other than Living Area Above Commercial
Structures and Parking? There were none.
(1) Mr. LaRue presented an Ordinance for recommendation from the Planning Board to City Council for
Special Exception Uses for Section 90-253 for Off-Street Parking space requirements within the City.
(2) The same Ordinance covers Section 90-512 Space Regulations
After discussing the proposed Ordinance, the Planning Board members, instructed Mr. LaRue to rework
the Ordinance to give more flexibility to accommodate Off-Street Parking space requirements within the
City Sec. 90-553. and Sec. 90-512 for Space Regulations and present it at the October 19,2006 meeting
for recommendation.
(3) Attorney Cook presented and explained his memorandum amending Sec. 90-486 to allow for a Special
Exception Application process addressing semitrailers and commercial vehicles in residential areas.
Under current laws it is illegal for a property owner to park a semitrailer or commercial vehicle in a
residential area, including on their private property. The City Council received a request by a citizen to
allow him to park his truck at his home. The Council requested the Planning Board to review the current
law and bring back a recommendation that would allow a property owner to park their semitrailer and/or
commercial vehicle, when they can meet certain specific requirements and process each request as a .
Special Exception through the Board of Adjustments.
September 21,2006 - Planning Board/Board of Ad "ustments and A
VI. NEW BUSINESS.
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C. 3. Consider an LDR Amendment regarding Section 90-486 Special Excep-
tion for Semitrailers and Commercial Vehicles within Residential
Zoning Districts, continued.
VII. ADJOURNMENT - Vice Chairperson.
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning
BoardIBoard of Adjustment and Appeals 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 ensw-e a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General
Services tapes are for the sole purpose of backup for official records of the Department.
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A" tii, L~ "J_ / / tt'>-e /--
Dawn Hoover, Vice Chairperson
/ /'l !'
0,~lU~
~ment, Secretary
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(3) Mter discussing the memorandum, it was requested by the Board Members that the memorandum
be revised to cover more specific information such as weight and size of vehicle, number of vehicles, and
address the easement of properties, and present the memorandum for further discussion at the October
19,2006 Planning Board meeting.
There being no further items on the agenda, Vice Chairperson Hoover adjourned the meeting at 6:56 P.M.
The Okeechobee News
p.o. Box 639, Okeecbobee, Florida 34973
(863) 763-3134
Published Daily
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared
Judy Kasten, who on oath says she is Publisher of the
Okeechobee News, a DAILY Newspaper published at
Okeechobee, in Okeechobee County, Florida; that the attached
copy of advertisement, being a
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in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues
of
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Affiant further says that the said Okeechobee News is
a newspaper published at Okeechobee, in said Okeechobee
County, Florida, and that said newspaper has heretofore been
published continuously in said Okeechobee County, Florida each
week and has been entered as second class mail matter at the post
office in Okeechobee, in said Okeechobee County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that she
has neither paid nor promised any person, firm or corporation any
discount, rebate, commission or refund for the purpose of
securing this advertisement for puolication in the said newspaper.
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SwollJ'to and subsc?bep before me this I ,~".....
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day of ~
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P\lRIC IIUlM IIlITICt
PUIlIIIlIlIIlIARIlIIIOARII Of AIlJIlSTMEllT A/ID APPEALS
IIOT1CE: 1be ~ ~ 01 ~ lIld Appeals 01 the CIIy 01 ()kee.
chobee Aodda wi meet 1II1l11nl1.." s.,IImIIIr 21. 2011I . 6:011 pJl. or as
,soon I!iereaner as possible, 1be meelIna wi be held at Cly Hal, 55 Southeast
3rd Avenue. In the CouncB Chatnbers. !loom 200, Okeechobee, Florida. The
itemS 01 consIdel1llon at Vis meeting In:
. ConcNc:l a PubIc Hen1g \0 cansIder a SPfC1AL EXCEPllON \0 Blow an outdoor
veNcIe sales Iolwtil a Heavy Conwnen:IaIllisIricI (ref. LDR's Sec. go.~8))
submiIIed by property owners Lynda lIld C. Roland Durrance H. 1be
property Is IOcaled III 908 NorII1wesl M SIIeel LeaaI descQltion: LOIS tD
2601 iIklck 163. CIIy oIlXceechobee SWKhision, Plat Book 5, Page 5, PubIc
Records. OlleecIrJbee. CounIy. Rorlda. PeIIIIon No.ll6-01ll-SE.
Cooducl a PubIc Hearing tD Cooslder Compfehenslve Plan Small Scale Future
LlI1d Use Map ArnilIdnenl ApplIcation No. 06-015-SSA. Kay and Was HlII'/Il,
SllIld Wes Harlin .II: In the property owners. 1be appIcaIIon Is tD change the
F1iue LlI1d Use disllination from Single FamIly (SF) tD Conwnen:IaI (C) lor pr0p-
erty Ioc8Ied at 306 1Iorthwesl4lh SIIeel Legal description: lois 9 lIld 10 of
Block 106. CIIy of 0keed10be8 SOOcIYlsIoo. PIal Book 5. Page 5. PubIc Reconls.
OIleechobee. ClllIIiy. Florida and Is iIIlIlIllldfnaI 0.3 acre1s), 1be proposed use
01 the property Is lor a ProIesSionaI 0ltiCe. -
ConsIder any proposed lI11IIIIOO1enIs. submitIed by CIIy SlafI or citizens. tD the
CompreIIensIve Plan, wtidl include the Land llevekJpmenl ReglUIionS (lDR's)
, =er a recommendation to IIle City Council for conSIderation and final
A c 01 the enIiIe . s and agenda are available In the General ServiCes
~. Rm 101 III ~ ~ caIIng IletIy Clemert~863) 763-3372 x 218.
Please be advised thai the Ilolrd 01 A4uslment and will serve as the de-
cision makInll body , .. III behaII 01 the . tD approve or deny Spe-
cial Exceptions or ==p1icatIOn(S). The Panning Board will malle
reconrnendalion tD the City CooociIlor consideraIion lIld Ii1aI adoption 01 C0m-
prehensive Plan AmendmentS. Rezoning Applications and Land Development
Regulations (LOR's) AmendmentS.
'lEASE TAKE NOTICE ANO BE ADVISED 1I1at if arFf. peIrofl desires tD appeal any
decision made by IIle P1anrWlO 8oarQ'8oard .ol ~ustmenIS and Appeals wiIh Ill-
spec! to any mailer considered at this meetJng. or heanng WlI need to ensure a
verbatim record of the proceedings is made, wtidl record ildJdeS Ihe testimOny
and evidence upon which the appeal is to be based. Tapes are used lor the sole
purpose of baCk.lIP for the CIef1<'s Office.
n accordanCe with the AmeriCanS with Disabilities Act (ADA) and Aoiida S_
286.26 persons wiIh tIsabIities needing special accornrn<JdlDln \0 pri:ipale In
tIis prOCeeding shoUd cortlcl 8elIy CIemeft. no IaIer lhan two (2) wort<ing days
prior to the proceeding at 863-763-3372 x 218; if you In heanng or voice im-
\ paRd, caalllD HIOll-222.3448 (voice) or 1-888-447.5620 (TlY).
BY: IlI1an WhIehaI. Zoning AdrniriSII'ator
, 159976 ON 915.15106
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CITY OF OKEECHOBEE . September 21, 2006 .
PLANNING BOARD/BOARD OF ADJUSTMENTS AND APPEALS
HANDWRITTEN MINUTES
I. CALL TO ORDER. Chairperson:
Seotember 21. 2006. Plannina Board/Board of Adiustment and Aooeals Regular Meetina 6:00 O.m.
II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE. General Svc,s. Coord.
Present
Chairperson William Ledferd
Vice-Chairperson Dawn Hoover
Board Member Terry Burroughs
Board Member Kenneth Keller
Board Member Devin Maxwell
Board Member Douglas McCoy
Board Member Carol Johns
Alternate Epifanio Jurarez
Alternate Mike O'Connor
Attorney John R. Cook
Planning Staff - Jim LaRue
Secretary Betty Clement
---City Clerk Lana GOlfliatca-
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Absent
0:{3
III. MINUTES-Secretary. ~ t!J ~ ~
A. Board Member ~Ve<J to dispense with the reading a~flPjove the Summary of A,gency Action
for the August 17, 2006 regu ar meeting; seconded by Board Member /!L(J!1A_/ .
VOTE
LEDFERD
HOOVER
BURROUGHS
KELLER
MAXWELL
MCCOY
JOHNS
JURAREZ
O'CONNOR .
MOTION: (j,Jt~
YEA
NAY ABSTAIN
ABSENT
NOT SERVING AS A VOTING MEMBER
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IV. AGENDA - Chairperson.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
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PAGE -2-
V. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT ti .'0 j.P.M.
A.
A
Consider Comprehensive Plan Map Amendment Petition No. 06-015-SSA: Property owners Kay
and Wes Harvin, Sr, and Wes Harvin, Jr. are requesting to change Future Land Use designation
from Single Family (SF) to Commercial (C) for property located at 306 Northwest 4th Street.
Legal description: Lots 9 and 10 of B lock 106, City of Okeechobee Subdivision, Plat Book 5,
Page 5, Public Records, Okeechobee. County, Florida. - City Planning Consultant.
Staff Report
The applicant is proposing to amend the Future Land Use Map to allow commercial uses on the property. The
property is currently being used as a residential dwelling with CPO Zoning. This request would provide
consistency with the zoning map for the property and allow the applicant to operate a professional law office.
Comprehensive Plan Analysis
A. Consistency with the Land Use Categories and Plan Policies.
As proposed, the applicant's request is consistent with Objective 2 and Policy
2.1 (c) of the Future Land Use Element. This Future Land Use Map Amendment will allow consistency with the current
zoning of the property, as stated earlier.
Objective 2: The City of Okeechobee shall continue to ensure that all new development is com.,istent with the
Future Land Use Element.
Policy 2.1: The following land use designations are established for the purpose of managing future grow(th:
(c) Commercial. Permitted uses include, office, retail, automotive wholesale, and related commercia!' activities. Also
permitted are public facilities. Commercial development shall not exceed a floor area ratio of 3.00 and the maximum
impervious surface for development within this category shall not exceed 85% of the site.
B. Concurrency of Adequate Public Facilities
The subject property is already developed and has adequate publiC facilities.
C. Compatibility with Adjacent and Nearby Land Uses
The current existing land use is consistent with the adjacent and nearby uses. These uses include professional offict~s, the
courthouse, and a vacant residential dwelling.
D. Compliance with Specific Standards of the Plan.
The City's Comprehensive Plan goals, objectives and policies, as they are intended, could allow for an
amendment to the Future Land Use Map to Commercial. This proposed amendment would be consistent and
provide a link to the existing uses that are established
Analysis and Conclusions
This application and its appearance before the City Council and the LP A were duly noticed for the public in
accordance with public notice requirements under Florida Statutes, Chapter 163.
Based on the Comprehensive Plan, its goals, objectives and policies, the location of this Prof )erty, and due
consideration of the adjacent land uses, it is recommended that this application for a Small 5.cale Future Land
Use Map Amendment from Single Family to Commercial be approved as it is consistent with the
Comprehensive Plan. Any changes necessary to comply with parking and other City Code requirements can be
accommodated at the site plan review stage.
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PAGE -3-
BOARD MEMBER '1J1. ~Cov\...- MOVED TO FIND COMPREHENSIV E PLAN MAP AMENDMENT PETITION NO. 06-
015-SSA REQUESTING ~NGE FUTURE LAND USE DESIGN~\TION FROM SINGLE FAMILY (SF) TO
COMMERCIAL (C) FOR PROPERTY LOCATED AT 306 NORTHWES'T 4TH STREET. LOTS 9 AND 10 OF BLOCK 106,
CITY OF OKEECHOBEE SUBDIVISION, PLAT BOOK 5, PAGE 5, PU BLlC RECORDS, OKEECHOBEE, COUNTY,
FLORIDA CONSISTENT/INCONSISTENT WITH THE COMPREHENSjlVE PLAN,}ND RECOMMEND TO
APPROVE/DENY TO THE CITY COUNCIL; SECONDED BY BOARD MEMBER fd:g~A--'" .
VOTE YEA NAY ABSTAIN ABSENT NOT SE,RVING AS A VOTING MEMBER
LEDFERD I
HOOVER ~
A. Consider Special Exception Petition No. 06-0 I O-SE: To ; allow an outdoor vehicle sales lot within a
Heavy Commercial District (ref. LDR's Sec, 90-283(18) submitted by property owners Lynda and C.
Roland Durrance II. The subject property is located at 9()8 Northwest Park Street. Legal description:
Lots 22 to 26 of Block 163, City of Okeechobee Subdivi~,ion, Plat Book 5, Page 5, Public Records,
Okeechobee, County, Florida. - Planning Consultant
Staff Report
The subject property is approximately 0.813 acre(s) fronting on NW Park Street (SR 70) which is subject to this
Special Use Exception petition. The applicant intends to contir me use of the property for the sale of horse and
livestock trailers. The dwelling will public utilities and the adjo ining property users are as follows:
North:
East:
South:
West:
Vacant
Inventory Parking for Eli's Trailer Salcs
Eli' s Western Wear
Church
A. The use is not contrary to the Comprehensive Plan requirements.
No, the applicant's request to use the property for salcs of live stock trailers and truck accessories is not contrary
to the Comprehensive Plan requirements.
B. The use is specifically authorized as a special exception use in the zoning district.
Section 90-283(18) allows outdoor vehicle sales lots as a spe cial exception. The State now classifies "trailers" as
"vehicles". The applicant has been using the property for this use for the past several years; however, the state has
reclassified horse trailers as vehicles, the applicant has to obtain a new occupational license which initiated this
special exception petition.
PAGE -4-
C. The use will not have an adverse effect on the puhlic interest.
The continuation of this use will not have an adverse effect on the public interest.
D. The use is appropriate for the proposed location. is reasonably compatible with adjacent uses and is not
detrimental to urbanizing land use patterns.
The outdoor sale of horse trailers and truck accessories is appropriate for the location and is reasonably compatible
with the adjacent uses.
E. The use will not adversely affect property values or living condi/ions, nor be a deterrent to the development
of adjacent property.
This is an existing use and will not adversely affect property values or living conditions. By allowing this use to
continue, it will not be a deterrent to the development of adjacent properties hut can be viewed as an encouragement
for redevelopment in the area.
F. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or
hazard to adjacent uses.
As this is an existing use, the applicant's have already been before the Techn leal Review Committee where
screening and buffering requirements are proposed for the property during Site Plan Review phase of development.
If necessary, the use may be required to provide additional screening from the surrounding uses.
G. The use will not create a density pattern that will overhurden publicfacilities $uch as schools, streets, and
utility services.
No, the use will not create a density pattern that will overburden public facilities.
H. The use will not create traffic congestion, flooding or drainage problems, or othen1!ise affect public safety.
No, as stated earlier, this is an existing use and will not create traffic congestions, flooding or drainage problems.
Allowing the use to continue will not affect public safety.
Recommendation
Move that Petition No. 06-01 O-SE be approved based on the findings contained in the Planning Consultant's report.
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PAGE -5-
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BOARD MEMBER 0 ~ MOVED T~'~PRO~ENY SPECIAL EXCEPTION
NO. 06-010-SE SUBMITTED BY C. Roland Durrance II and Lynda DJlrrance to allow an outdoor vehicle
sales lot within a Heavy Commercial ~rict (ref. L~~l's_ Sj' 90-283(18}fucated at 90. 8 Northwest Park Street;
SECONDEDBYBOARDMEMBEIf&u=-""'U- . ~ ~_lJf~'
VOTE YEA NA Y ABST AIN ABSENT NOT SERVING AS A VOTING
MEMBER
LEDFERD
HOOVER
BURROUGHS
KELLER
MAXWELL
MCCOY
JOHNS
JURAREZ '\\
O'CONNOR fA IJ
MOTION: c'~~.
CHAIRPERSON LEDFERD CLOSED THE PUBLIC HEARING AT _ ~:/3 P.M.
VI. NEW BUSINESS.
A. Consider and discuss requests for amendments to the City's Land Development Regulations -
mA:i~ '
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PAGE -6-
B. Consider an Ordinance to amend ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS,
PARTICULARLY ARTICLE III, DIVISION 8, SECTION 90-253 SPECIAL EXCEPTION USES, AND
SECION 90-512 SPACE REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE
O(~-~~~/a-. ~- ~. ~.
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~~F~:CTlL~~, PKUV~U1&:;: ;;Z:;;:::CdIl9I1Y ROARD -
VOTE YEA NA Y ABST AIN ABSENT N~~T SERVING AS A VOTING
ME ER (
LEDFERD
HOOVER
BURROUGHS
KELLER
MAXWELL
MCCOY
JOHNS
JURAREZ
O'CONNOR ~
MOTION: .
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VII. CHAIRPERSON LEDFERD ADJOURNED THE MEETING AT &: S<P}'->>.M.
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CITY OF OKEECHOBEE
PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS MEETING SEPTEMBER 21, 2006
OFFICIAL AGENDA
PAGE 1 OF 2
I. CALL TO ORDER: Planning Board/Board of Adjustment and Appeals, September 21,2006,6:00 - Chairperson.
II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary.
Chairperson William Ledferd
Vice-Chairperson Dawn Hoover
Board Member Terry Burroughs
Board Member Kenneth Keller
Board Member Devin Maxwell
Board Member Douglas McCoy
Board Member Carol Johns
Alternate Epifanio Juarez
Alternate Mike O'Connor
Attorney John R. Cook
City Planner Jim LaRue
General Services Secretary Betty Clement
III. MINUTES. Secretary.
A. Motion to dispense with the reading and approve the Summary of Planning Board/Board of Adjustment and Appeals Action for the August 17, 2006
regular meeting.
IV. AGENDA. Chairperson.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
SEPTEMBER 21, 2006 - PB/BOA AGENDA - PAGE 2 OF 2
v. OPEN PUBLIC HEARING - Chairperson.
A. Consider Comprehensive Plan Map Amendment Petition No. 06-015-SSA: Property owners Kay and Wes Harvin, Sr, and Wes Harvin, Jr. are
requesting to change Future Land Use designation from Single Family (SF) to Commercial (C) for property located at 306 Northwest 4th Street.
Legal description: Lots 9 and 10 of Block 106, City of Okeechobee Subdivision, Plat Book 5, Page 5, Public Records, Okeechobee, County, Florida.
City Planning Consultant.
QUASI-JUDICIAL
A. Consider Special Exception Petition No. 06-01O-SE: To allow an outdoor vehicle sales lot within a Heavy Commercial District (ref. LDR's Sec.
90-283(18) submitted by property owners Lynda and C. Roland Durrance II. The subject property is located at 908 Northwest Park Street. Legal
description: Lots 22 to 26 of Block 163, City of Okeechobee Subdivision, Plat Book 5, Page 5, Public Records, Okeechobee, County, Florida. _
Planning Consultant
CLOSE PUBLIC HEARING - Chairperson.
VI. NEW BUSINESS.
A. Consider and discuss requests for amendments to the City's Land Development Regulations - Chairperson.
B. Consider an Ordinance to amend Ordinance No. 716, Land Development Regulations, Particularly Article III, Division 8, Section 90-253 Special
Exception Uses, and Section 90-512 Space Regulations; providing for an effective date
VII. ADJOURNMENT - Chairperson.
PLEASE TAKE NOTICE AND BE ADVISED that all interested parties and citizens shall have the opportunity to be heard at these public hearings. Any person
deciding to appeal any decision made by the Planning BoardIBoard of Adjustment and Appeals with respect to any matter considered at this meeting or hearing will
need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General
Services tapes are for the sole purpose of backup for official records of the Department.
City of Okeechobee
General Services Department
55 S.E. 3rd Avenue, Room 101
Okeechobee, Florida 34974-2903
Phone: (863) 763-3372, ext. 218
Fax: (863) 763-1686
Date:
1st Hearing:
Petition No.
Jurisdiction: 80{l
2nd Hearing:
Publication Dates:
Notices Mailed:
V Name of property owner(s):
A Owner mailing address: Li U7
p
P Name of applicant(s) if other than owner (state relationship):
L
J Applicant mailing address:
C
A Name of contact person (state relationship):
N
T Contact person daytime phone(s): ~03-
V Property address / directions to property: C:,("
J
,I ii
I' p i
H
o
P
E
R
T
Y
I f so, describe
no
Have there been any Jand use applications concerning all or part of this property in the last year? If so, indicate date,
nature and applicant's name: no
Is a sale subject to this application being granted? no
Is the subject parcel your total holdings at that location? lfnot, describe the remaining or intended uses:
'. e.s
1.05
Actions Requested:
L-J Rezone
(-.tJ Special Exception
~ Variance
Parcel Identification Number:
3 -IS -3'7 -35 -C;{JiO.o llo3C'-cJ.;:)("
"
Jc C::.3'7.:<C:-t',-,\{;\. I' "'"0
v I J........ Vt",'"I.t II
lfO
V Confirmation of Information Accuracy
I hereby certify that the information in this application is correct. The information included in this application is for use by
the City ofOkeechobee in processing my request. False or misleading information may be punishable by a fine of up to
$500.00 and imprisorunent of up to 30 days and may result in the summary denial of this application.
c'7/~f2.~ _~ c'. RO\Q~ 'DUV"IfC-cV\c.t' 11" g.- ,q-OttJ
Signature Printed Name Date
Unifonn Land Use Application (rev 1/03)
Page 1 of 2
Current zoning classification: Requested zoning classification:
R What is your desired permitted use under the proposed classification:
E
Z
0
N If granted, will the new zone be contiguous with a like zone?
E
Is a Special Exception necessary for your intended use? Variance?
Describe the Special Exception sought:
s
P
E
C
I
A
L
Sa Ie c(' hot-sc:' (//)d Ii Vt'S+tx:J:::.. + rei' le,-s
Provide specific LDR ordinance citation: 5ec+[OI'\ '-10- J.. <s 3 (i 8)
CCl1 Deei' vt:H (eLL 'JALE. ') LeT
Are there other similar uses in the area? Is so, describe:
E
X
C
E
p
T
1
o
N
no
Why w(:mld wanting your reguest b~ in the b~~t interest of the. ~r~a ~nd residents?6'~OI)'h1)~ (0 ~.c fC?C"iUt"st
LtJc.do ?'\\Ou.- L.~ tc pi ut"CIl::- +I'_C' L'.+IZt",)5 of' (Ki:'t'CtlCbce..u.f)c\' 'i-he...;:;;u-~ IDll.0dlnq arms.
w.-th an €''l:+e0S\u't? u:Lrle-K(o'tTrCL\ lelS.tne .::.o..-\e o-\- ;-hei,ct\lers/OJ\c\ +he e.'l'+ended po.-\-I"ona.o
~.\ ouT Cv-5-\t)",e<5 -t-e o-!-he, Ibea.\ bu5\r)f'sS€S u.:.,,,--,-\d- proc\.u..ee. O-clctit-iono..l rel..wnue5 .('0\ O\<'€t'(Y';:\
,,(OW\~
If business_ descrlbe nature including number of hours_ nOIse generation and activities to be
conducted_ OUlslue yr a blllldlIlg,fi 'cnu,nD-f' ()( eil' r'1~ <' c- j ljJ' II be ~--a. ~\&<0t'uec cli- -\'r." ("n~t'n-\ -hm~
lO;? n00<::_ "th,,,,~ ,-"'cOPI-f In \rCUr\,hO, -tc- Cl-<:'C' -l _ - _ _. - - J .
~nC\ 5hQ(.>->\; 1-L (Ll"-'>~,"--'-f."cv_",,,\c':? C'-t=''*~\?'" \fo'\~_r~CLl :'\(:;{':.tf:':>. l,ollE. S \.G,I\ 'D-< ~"" L""o-\C
n<>o"-(.:;( 1.._,.::> t-c -\-hi' ('Lt~bY\K'::, v': n\c'\ -e. The" D,^'. let. }-n'j ~"f>C"'-thc 00'f'A-P1..e.+to.", Cr~ 0, sa\" -1-1-,,,_ rr--", Ie
i1Q\ ::;>'C_ ~rD[y1-+he.5e... cx.J...""\ ~\~, 0..<:-\-"\.0 ~ ' '~ "f'\.
0(\(;1.0.,-\- u. :. >) J~" '1 \1-.00.-'5>:00,
C\'::'-r 10'-1
"'" , II 'll>-("
(<\.nl~6.I.
Describe Variance sought:
'---
V
A
R Describe physical characteristic of property that makes variance necessary:
I
A
N
C Did you cause or contribute to the characteristic? Is so, describe:
E
What is the minimum variance necessary?
Uniform Land Use Application (rev. 1/03)
Page 2 of 2
ELI'S TBAILER SALES
~
907 W.N. Park Street
Okeechobee, FL 34972
Tel. (863) 763-2984
Fax (863) 763-6473
August 21,2006
To: The Planning Commission
From: Eli's Trailer Sales, LLC.
Eli's Trailer Sales, LLC. is requesting a special exception to property located at
908 NW Park Street, Okeechobee FL 34972. Previously, said property had been
used as a tire sales and service building. Eli's Trailer Sales, LLC. is requesting
exception be made to allow for sales of livestock trailers and truck accessories.
i !1fI11 IliII"/11 1111I1/11111I1111I1111111 111/11111I1111111I
This instrument prepared by and return to:
i!lli~il:~I!r,I!~~~~~.~:~~?~UR ,
William R. H. Broome, Attorney
Suite 202, Commerce pointe .
1818 Australian Avenue South
West Palm Beach, FL 33409
----..:.-,
Property Control No: 3-15-37-35-0010-01630-0220
WARRANTY DEED
THIS INDENTURE, made this
n,
l _....,.
./.,--,,~->
day of January, A.D. 2006.
BETWEEN JACK M. GRAYSON, an unmarried man, party of the first
part, and C. ROLAND DURRANCE, II and LYNDA D. DURRANCE, husband and
wife, whose mailing address is 907 N.W. Park Street, Okeechobeel FLI
34972, of the County of Okeechobee and State of Florida, parties of
the second part, WITNESSETH, that the said party of the first part,
for and in consideration of the sum of Ten ($10.00) Dollars and
other good and valuable considerations to him in hand paid, the
receipt whereof is hereby acknowledged, has granted, bargained, sold
and conveyed, and by these presents does grant, bargain, sell,
convey and confirm unto the said parties of the second part, all
that certain parcel of land lying and being in the County of
Okeechobee, and State of Florida, more particularly described as
follows:
Lots 22 and 23, Block 163, OKEECHOBEE, according to the
plat thereof recorded in Plat Book 2, Page 17, Public
Records of St. Lucie County, Florida, a copy of said
Plat being also recorded in Plat Book 1, Page 10, Public
Records of Okeechobee County, Florida, and a copy of
said Plat being recorded in Plat Book 5, Page 5. of the
Public Records of Okeechobee County, Florida.
SUBJECT TO easements and restrictions of record and to the lien of
all taxes for 2006 and subsequent years.
TOGETHER with all the tenements, hereditaments and appurtenances,
with every privilege, right, title, interest and estate, dower and
right of dower, reversion, remainder and easement thereto belonging
or in anywise appertaining: TO HAVE AND TO HOLD the same in fee
simple forever.
And the said party of the first part does covenant with the said
parties of the second part that he is lawfully seized of the said
premises, that they are free from all encumbrances, and that he has
OR BK 00588 PG 1880
good right and lawful authority to sell the same; and the sa~d party
of the first part does hereby fully warrant the title to said land,
and will defend the same against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the said party of the first part has caused
t~ese presents to be executed in his name, the day and year first
above written.
Signed, sealed and delivered
in our presence:
i' .
.. f } I r, ,/ '771" /i',. r,I { . .' /
'L./Li..A J f &----.. ' r il/ 11/[, 1.1 1 {~.."./
P~int name: J..mio.}3. t\ndV-f"'J,Jf
Witness
Print name: ;~~-A//./J
Witness .
_ 'c
ayson
South Military Trail
Palm Beach, FL 33406
--'~ -: /.;'
STATE OF FLORIDA
COUNTY OF PALM BEACH
,-'1 ."". \
The foregoing instrument was acknowledged before me this '/.:\.:1
day of January, 2006, by JACK M. GRAYSON, who is personally known
to me, and who did not take an oath.
i: ./-y) Fl }.
f\ /C{ it/it '" ..11/. U]l[.vtlJ...J..;..,;----.-
NQtary Public, State of Florida
.,t''''''"
"~,' rVit'.,
!~r. .~~
-~. .w:
\~:~,:......~~.~!
'..~.t,ilf.:t~~~..,.,
DEBRA B. ANDREWS
MY COMMISSION # DO 466503
EXppr;:S' DllCember 28, 2009
de;':>.h: 1er'lrifm
2
DEBRA B. ANDREWS
MY COMMISSION # DO 466503
EXPIRES: December 28, 2009
Bonded Thru Notary Public Underwriters
~~OK 343 PAGi:1385
'l.~,""
~) J ()o
~u'- b-
~eV
~o~~~~ Stier paid in the amount of
/l.f .LL_~()Ai( ~ L{- -0l.-Q3
~CI'CUlt CoIlrt date
Pan:el ID Number.
Gnmtce #1 TIN:
3-15-37-35-0010-01630-0240
[Space Above This Line Por Recording Dalal
Warranty Deed
This Indenture, Made this
WILLIAM L. TOMLINSON
lstdayof April,1993A.D.,
and JANICEP. TOMLINSON, his wife,
Between
of the County of Okeec hobee
ELI'S WESTERN WEAR, INC.,
of the state of Florida
, S,ale of Florida , grantors, .,ocj
a corporation existing under the laws
wboseaddressis:907 W.N. Park Street, Okeechobee, Florida 34972
oftbeCountyof Okeechobee Slateof Florida ,grantee.
Witnesseth tbat the GRANTORS, for and in consideration of the sum of - - - - - - - - - - - - - -
_ _ _ _ _ _ _ .,.. _ TEN & NO/100($10.00) - - - - - - - - - - OO!lJ\I(S,
and other good and valuable consideration [0 GRANTORS in hand paid by GRANTEE. [he receipt whereof is heTcby clcknowlcdr.l'd. h;I\'1
granted, bargained And sold to the said GRANlEE and GRANTBB'S successors and as...igns forever, Ihe followjng dt:..\aib{'d 1:l"I~1
silua,e, lying and being in the county of Okeechobee Stale of Florida to wit:
Lots 24, 25 and 26, Block 163, CITY OF OKEECHOBEE, according to
th~ plat thereof recorded in Plat Book 5, page 5, Public Records
of Okeechobee County, Florida.
Subject to restrictions, reservations and easements of record,
if any, and taxes subsequent to 1993.
FiLED: c.. .-'
OKEEC'i:~C
250114
93 APR -2 PM 2: 28
GLORIA J. FORD
CLERK OF CIRCUIT COURT
and the grantors do hereby fully warranf the title to said land, nnd will defend the same against lav.1"ul claims of all per.;on$ whomsoc\!::,:
Wilness Whereof, Ihe grantors have hereunto sel thelT hands and seals the day and ycal first aho"- WI,"'-'
/:/ ~D_d deli:ered. our prese~/"- / ~
--'// - -C~~t.J4---U~~-_:-'-- (-, 0A~ "'C",j
-LESTER vl. .1t~.NNINGS NILLIAM L. TOt. ,INSON
\'Jitness as to Both ~_:: AdG"''':c264 NW:509lJ^vcm'j,901(<.',chol'ec, Fi "'<)"
PI1/tll~ 4. ~____ ____rP~--- ,\,,11
DENNIS A. TURNER SR. ICE P. TOMLINSON
Wi tness as to. Both P.O_ Address 2564 N.W_ 50lh Avenue, Okccchl)hel;, ):1 J.~'J7!
STATE OF Florida
COUN1Y OF Okeechobee
The foregoing instrument was acknowlcdged bcfore me .hie -"J.,pt day of April, 1993 -"
WILLIAM L. TOMLINSON and JAN:::9E:_._~?, TO}q~INSON, his wife,
who are personally known to me or whu have produced [h~ti_F 1 (;J;:::"id8.
Lake an oath.
This _Document Prepared By:
t._ ~ ,)~';t.iA<WRR W../ENNlNGS ATrORNEY AT LAW
~~-- :::-:{1lfN.a TlllRDAVHNUE P.O. BOX 237 '
~_ .,_:OKm;'~OBEI!, 1'1. 34972
drj;v~r' s
1 icenses as idcnlification ant.! whl) iltJ
Jd~J~,. ~_~.
DENNIS A. TURNER SR
NOTARY PUllLlC
My Commission I",,,,rcs: 0 9 / 2 1 / 9 5
'al~)~~~C:~Jlf.i.~
BDU' 'D~~'(
S UR\JEY
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1) THIS SURVEY WAS PERFORr'ED WITl--OJT TH.': BENEFIT OF A OCED OR PN ABSTRACT PND n-tRE WAS
1\0 SEARO-J OF TI-E PUBLIC RECORDS MADE BY THIS OFFICE FOR 'EXISTII\X3 EASE:/"ENTS,
ABAN[D\J"Ef\ITS, DEED RESTRICTICNS, ZO\III\X3 SETBPCKS OR RIG-fTS---lF-WAY.
2) BEARINGS ARE ASSl.J"ED LBII\G NORTH FOR 1l-E !.>EST RIGHT-OF-WAY OF N.W. 9th AVEl\lE.
3) LNDERGRO...ND UTILITIES, IF PNY, HAVE I\.OT BEEN LOCATED LN...ESS SH:W\I OTI-tRWISE.
4) SITE LIES IN FLOOD ZCJ\E: "C", BASED 0\1 N.F. LP. FIRM PAI\EL 120177 02ooB, DATED
02/04/81.
DESCRIPTH)\J (PREPARED BY SURVEYOR):
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LOTS 24, 25, &, 26, ELOCK 163, O<EED-<<JEEE, ACXXJRDII\X3 TO TI-E PLAT D-EREOF RECORDED IN PLAT
BlXI< 5, PAGE 5, OF D-E PUBLIC RECORDS OF CKEED-DBEE CXLNTY, FLORIDA.
-~'J
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2-&J
ELI'S VESTERN VEAR, I!\C. ATTORf\EY'S TITLE II\SURAl\CE
FLND, II\C., LESTER W. JE/\NIIIGS ATl:V.;
I HEREBY CERTIFY THAT THE cOU"-l\)~R'\ SURVEY SHOWN HEREON WAS DONE IN ACCORDANCE WITH SECTION
472.027, flORIDA STATUTES, AND CHAPTER 21 HH-6, FLORIDA ADMINISTRATIVE CODE, AND THAT IT IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
CERnFlCAlE ~ SURVEY (TO):
FOR THE FIRM:
\Z ~ ~ -r \Z- . \-L.~ i2:-
HOOVER. THOMPSON &. ASSOCIATES. INC
FLORIDA REGISTRATION No. LB 6329
LEGEND:
RBS=REBAR SET (5/8" W/CAPIf4276)
RBF=REBAR FOUND
CMS=CONCRETE MONUMENT SET
CMF=CONCRETE MONUMENT FOUND
LWPF=UTER WOOD POST FD.
(D)=DEED DISTANCE
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(NOTE: REPRODUCTIONS OF THIS SUR\if:Y IS NOT VAtJlJ.~~OUr: -EM"80SSES SEAL)
JOB NO.: <'.i.o/'2
DRAWN BY: TG P
COMPo BY: j. 1'-."-/
F.B_/PG.If: ;::: 5lJ> /561
DATE DRAWN: o~/I&>I"':>?
FIELD SURVEY: o~/I2.1"':>3
REVISED:
H Th & As . t I 421 N.W. Jrd STREET OKEECHOBEE. FL 34972 (813) 763-8999
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~AC(!l. r# THE P\J1lUC MCOllClS (JI 0KU0101<< COUNTTfUIIIIIl....
MORTGAGE. 5URVE. Y fRE.f ARE.D fOR,
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L YINGINS!:CTION ". TOWNSHlr lJ SOUTH. RANG!: " EAST
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Please accept this statement as authorization for Eli's Trailer Sales, LLC. to submit
application for special exception on Lots 24, 25, and 26, Block 163, City ofOkeechobee.
These lots are owned by Eli's Western Wear, Inc. The special exception request is for
these lots to be used for Eli's Trailer Sales, LLC.'s inventory storage.
Eli's Western Wear, Inc. By:
Z~ /O~
Roland Durrance, President
'6 .- d.:A -0 Co
Date
Sworn to and subscribed before me this 01 ~ wi.. day of CALl:1W.\-
Roland Durrance, who is personally known by me.
Yo # /, , .I~ /}1A...; KeUf<{ stat,.. V)
N~~ I
State of Florida
, 2006 by
...~r~u::", Kelley Staton
[~/;;e;;'~i My ConmIsSlOO:I DO 516688
;"".,A.::#.: ExpIreS Febl\I8J'Y 9. 2010
~:zro;.~.." "'-~"ed Thru Old RepublIc Ins. Co.
.,....,' DUlI'ooI
Please accept this statement as a request by Eli's Trailer Sales, LLC. for a special
exception on Lots 22, 23, 24, 25, and 26, Block 163, City of Okeechobee. The physical
address of this property is 908 N. W. Park Street, Okeechobee, FL 34972. This location
was previously used as a tire sales and service business. Eli's Trailer Sales, LLC. is
requesting permission to operate a retail livestock trailer and truck accessory business on
these lots.
Eli's Trailer Sales, LLC., By:
.-?/----/!2 ~~ ()&--o~
Roland Durrance, President Date
Sworn to and subscribed before me this 611NJ/ day of OM ~ ' 2006 by
Roland Durrance, who is personally known by me.
IW}-t ~
Nbtary PUbliC1
State of Florida
Kell~ S -Itf..toVl
"'"'''' II Sat
....~~:i.! ~~~'... Ke ey t on
g!i -.~; My COlT1IliSSIOO :I DO 516688
0.,.. ~.~.
\...;.. ..fi./ Expires FebIUaIY 9. 2010
"""!'!...,,.,., Bonded Thru Old Republic Ins. Co.
BOU' ''U''-R'Y SURVEY ~ i1:;i,~~
LOT '5 lO" 4 I '-01" 2. LOI" \ "* . I
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1) n.HS SURVEY WAS PERFORf"ED WIT1-OJT TI-E BEi'EFIT OF A DEED OR MI ABSTRACT MID Tl-ERE WAS
1\0 SEARCH CF TI--E PUBLIC RECORDS MADE BY THIS CFFICE FOR EX ISTIl\X3 EASEl"ENTS,
ABANIXN"HJTS, DEED RESTRICTICJ\lS, ZO\JII\E SETBACKS OR RIGHTS-cF-l-IhClY.
2) BEARII\ES ARE AS8U"ED USII\E I\ORTH FOR TIt: !.<.EST RIGHT-CF-l-IhClY CF N.W. 9th AVEI\l.E.
3) LNlERGRCLND UTILITIES, IF PNY, HAVE I\()T BEEN LOCATED l.J\LESS S!-Q,oJ\/ oTl-ERWISE.
4} SITE LIES IN FLOOD ZCNE: "C", BASED CN N.F. I.P. FIRM PAI\EL 120177 0200B, DATED
02/04/81.
lJE8CR I PTI 0\/ (PREPARED BY SURVEYOR):
LOTS 24, 25, g. 26, BLeD< 163, Q<EEG-D8EE, ACCORDII\E TO TI--E PLAT Tl-ERECF REaJRDED IN PLAT
BCO< 5, PAGE 5, CF TI--E PUBLIC RECORDS CF O<EECHJBEE CXl..J\JTY, FLORIDA.
ELI . S !>ESTERN l-EAR, II\C. ATTDRI\EY' S TI TLE INSURAI\CE
FLND, I I\JC., LESTER W. JEl\N I I\X3S A T~ . ;
I HEREBY CERTlFY THAT THE c.OU"-l'>/>-"'R,\ SURVEY SHOWN HEREON WAS DONE IN ACCORDANCE WITH SECTlON
472.027, FLORIDA STATUTES, AND CHAPTER 21 HH-6, FLORIDA ADMINISTRATIVE CODE, AND THAT IT IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
-- ---..: -
P.L.S.' -\-z., l.- DATE:c~\-Z.::\::t ~:"
(NOTE: REPRODUCTIONS OF lHlS SURVEY IS NGT VAUD '-~rnOUT -EMBOSSES SEAL)
JOB NO.: c.u,T2.
DRAWN BY: TG?
COMP. BY: j t>-. V-J
F.B./PG.If: 2. '5& I '56>
DATE DRAWN: O~ i 1&>/":,--:,
FIELD SURVEY: O~ 1\2 J~3
REVISED:
CERllF1CA1E OF SURVEY (TO):
FOR THE FIRM:
\Z.~ ~-1"'" \2. . \J-o~~
HOOVER, THOMPSON & ASSOCIA ITS, INC
FLORIDA REGISTRATlON No. LB 6329
LEGENO:
(F)=FIELD MEASURE
(P)=PLA T MEASURE
CONC.=CONCRETE
WM=WATER METER
ST=SEPTlC TANK
FC=FENCE CORNER
POL=POINT ON LINE
(WITNESS CORNER)
IPF=IRON PIPE FOUND
REVISED:
RBS=REBAR SET (5/8" W/CAP/4-276)
RBF=REBAR FOUND
CMS=CONCRETE MONUMENT SET
CMF=CONCRETE MONUMENT FOUND
LWPF=L1TER WOOD POST FD.
(D)=DEED DISTANCE
(C)=CALCULAITD DISTANCE
H Th & As . t I 421 N.W. Jrd STREET OKEECHOBEE. FL 34972 (813) 763-8999
oover, 'ompson socia es, nc. ENGINEERING - LAND SURVEYING - MAPPING - PLANNING
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LaRue Planning &
Mana ement Services, Inc.
1375 Jackson Street, Suite 206
Fort Myers, Florida 33901-2845
Phone: 239-334-3366 Fax: 239-334-6384
Email: larue-planning@att.net
Staff Report - Special
Exception Request
Contact:
C. Roland and Lynda Durrance
Kelley Staton
06-010-SE
Owner:
Petition No.:
Staff Report Applicant's Name: C. Roland and Lynda Durrance
Special Exception Request Petition No. 06-01 ~SE
General Information:
Contact Person Kelley Staton
Contact Phone Number: 863-763-2984
Legal Description of Subject Property:
Lots 22 and 23, Block 163, OKEECHOBEE, according to the Plat thereof recorded in Plat
Book 2, Page 17, Public Records of St. Lucie County, Florida, a copy of said Plat being
also recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida, and
a copy of said Plat being recorded in Plat Book 5, Page 5, of the Public Records of
Okeechobee County, Florida.
AND
Lots 24, 25, and 26, Block 163, CITY OF OKEECHOBEE, according to the plat thereof
recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida.
Item before the Board of Adjustment:
The matter for consideration by the City of Okeechobee Board of Adjustment is an
application requesting a Special Exception in the CHV Zoning District for property located
at 908 NW Park Street.
Background:
The subject property is approximately 0.813 acre(s) fronting on NW Park Street (SR 70)
which is subject to this Special Use Exception petition. The applicant intends to continue
use of the property for the sale of horse and livestock trailers. The dwelling will public
utilities and the adjoining property users are as follows:
North:
East:
South:
West:
Vacant
Inventory Parking for Eli's Trailer Sales
Eli' s Western Wear
Church
Consistency with Land Development Regulations:
When reaching a conclusion on a Special Exception, the Board of Adjustment shall
consider and show in its record the following findings:
A. The use is not contrary to the Comprehensive Plan requirements.
No, the applicant's request to use the property for sales of livestock trailers and
truck accessories is not contrary to the Comprehensive Plan requirements.
Page -1-
Staff Report
Special Exception Request
Applicant's Name: C. Roland and Lynda Durrance
Petition No. 06-01o-SE
B. The use is specifically authorized as a special exception use in the zoning district.
Section 90-283(18) allows outdoor vehicle sales lots as a special exception. The
State now classifies "trailers" as "vehicles". The applicant has been using the
property for this use for the past several years; however, the state has reclassified
horse trailers as vehicles, the applicant has to obtain a new occupational license
which initiated this special exception petition.
C. The use will not have an adverse effect on the public interest.
The continuation of this use will not have an adverse effect on the public interest.
D. The use is appropriate for the proposed location, is reasonably compatible with
adjacent uses and is not detrimental to urbanizing land use patterns.
The outdoor sale of horse trailers and truck accessories is appropriate for the
location and is reasonably compatible with the adjacent uses.
E. The use will not adversely affect property values or living conditions, nor be a
deterrent to the development of adjacent property.
This is an existing use and will not adversely affect property values or living
conditions. By allowing this use to continue, it will not be a deterrent to the
development of adjacent properties but can be viewed as an encouragement for
redevelopment in the area.
F. The use may be required to be screened from surrounding uses to reduce the impact
of any nuisance or hazard to adjacent uses.
As this is an existing use, the applicant's have already been before the Technical
Review Committee where screening and buffering requirements are proposed for
the property during Site Plan Review phase of development. If necessary, the use
may be required to provide additional screening from the surrounding uses.
G. The use will not create a density pattern that will overburden public facilities such
as schools, streets, and utility services.
No, the use will not create a density pattern that will overburden public facilities.
H. The use will not create traffic congestion, flooding or drainage problems, or
otherwise affect public safety.
No, as stated earlier, this is an existing use and will not create traffic congestions,
flooding or drainage problems. Allowing the use to continue will not affect public
safety.
Page -2-
Staff Report
Special Exception Request
Applicant's Name: C. Roland and Lynda Durrance
Petition No. 06-01o-SE
Recommendation:
Move that Petition No. 06-01O-SE be approved based on the findings contained in the
Planning Consultant's report.
Submitted by:
James G. LaRue, AICP
Planning Consultant
September 4, 2006
Page -3-
City of Okeechobee
September 6,2006
Mr. And Mrs. C. Roland Durrance II
907 NW Park Street
Okeechobee, FL34972
Dear Mr. and Mrs. Durrance:
Please be advised that the Planning Board/Board of Adjustments and Appeals of the City
of Okeechobee will be considering the Special Exception Application 06-010-SE on
Thursday, September 21,2006 at 6:00 p.m., or as soon thereafter as possible, in the City
Council Chambers.
A copy of the Planning Board/Board of Adjustments and Appeals Agenda is enclosed. If
you, or a representative, cannot attend this meeting please contact my office at (863) 763-
3372 ext. 218.
Sincerely,
Be ment
General Services Coordinator
Enclosure
cc w/enclosures: C. Roland and Lynda Durrance II
55 S.E. Third Avenue. Okeechobee, Florida 34974-2903 . (863) 763-3372. Fax: (863) 763-1686
Email
TRANSMITTAL
CITY OF OKEECHOBEE
Office of the City Clerk (863) 763-3372 ext 215
to:
Email:
re:
date:
from:
Independent Newspapers, Inc. - Okeechobee News - Legal Ad Department
jlevy@newszap.com
September PB/BOA Meeting
September 1, 2006
Melisa Eddings, Deputy Clerk
AD 1 OF 1: Please publish the following advertisement as a Legal on Tuesday, September 5,2006 and
Friday, September 15, 2006. Proof of publication requested. Attached is our purchase requisition #013303.
PUBLIC HEARING NOTICE
PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS
NOTICE: The Planning Board/Board of Adjustment and Appeals of the City of Okeechobee, Florida will meet
on Thursday, September 28,2006 at 6:00 p.m. or as soon thereafter as possible. The meeting will be held at
City Hall, 55 Southeast 3rd Avenue, in the Council Chambers, Room 200, Okeechobee, Florida. The items of
consideration at this meeting are:
. Conduct a Public Hearing to consider a SPECIAL EXCEPTION to allow an outdoor vehicle sales lot within a
Heavy Commercial District (ref. LDR's Sec. 90-283(18)) submitted by property owners Lynda and C. Roland
Durrance II. The subject property is located at 908 Northwest Park Street. Legal description: Lots 22 to 26 of
Block 163, City of Okeechobee Subdivision, Plat Book 5, Page 5, Public Records, Okeechobee, County,
Florida. Petition No. 06-010-SE.
. Conduct a Public Hearing to Consider Comprehensive Plan Small Scale Future Land Use Map Amendment
Application No 06-015-SSA Kay and Wes Harvin, Sr, and Wes Harvin, Jr. are the property owners. The
application is to change the Future Land Use designation from Single Family (SF) to CommerCial (C) for
property located at 306 Northwest 4th Street. Legal description: Lots 9 and 10 of Block 106, City of
Okeechobee Subdivision, Plat Book 5, Page 5, Public Records, Okeechobee, County, Florida and is
approximately 0.3 acre(s). The proposed use of the property is for a Professional Office.
. Consider any proposed amendments, submitted by City Staff or citizens, to the Comprehensive Plan, which
include the Land Development Regulations (LOR's) and render a recommendation to the City Council for
consideration and final adoption.
A copy of the entire application(s) and agenda are available in the General Services Office, Rm 101 at City Hall
or by calling Betty Clement at (863) 763-3372 x 218. Please be advised that the Board of Adjustment and
Appeals will serve as the decision making body (quasi-judicial), on behalf of the City, to approve or deny
Special Exceptions or Variance Application(s). The Planning Board will make recommendations to the City
Council for consideration and final adoption of Comprehensive Plan Amendments, Rezoning Applications and
Land Development Regulations (LOR's) Amendments.
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the
Planning Board/Board of Adjustments and Appeals with respect to any matter considered at this meeting, or
hearing will 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. Tapes are used for the sole purpose of back-up for the
Clerk's Office.
In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with
disabilities needing special accommodation to participate in this proceeding should contact Betty Clement, no
later than two (2) working days prior to the proceeding at 863-763-3372 x 218; if you are hearing or voice
impaired, call TOO 1-800-222-3448 (voice) or 1-888-447-5620 (TTY).
BY: Brian Whitehall, Zoning Administrator
City of Okeechobee
General Services Department
55 S.E. 3rd Avenue, Room 101
Okeechobee, Florida 34974-2903
Phone: (863) 763-3372, ext. 218
Fax: (863) 763-1686
2nd Hearing: I
Date:
Publication Dates:
Notices Mailed:
Comprehensive Plan Map Amendment Application
/ Please Check One:
~ Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres)
WES IIV 5 w A/l/D
V1 ;f/~
V Name of property owner(s): -=-XO'--'" ~ ~ 'DD\O~t::..~ ~D~ T
Owner mailing address: ~
Name of applicant(s) if other than owner (state relationship):
C
A
N
T
--In"2. .
Fax: z...~. <S.16Co
Parcel Identification Number: \'L -
Size of the Property (in acres):
V Property address / directions to property:
'2cse.. ~
P
R
o
P
E
R
T
,Y
Current Zoning Designation:
C-70
Current Future Land Use Designation: \ '.~a.\
Existing Use of the Property: \1-.c:z.. ~'.~ '2..\
C-,?O
Proposed Future Land Use Designation:
( ~ommRrelQO
O~U2.. G:.:hc...> D"fu(..e
Proposed Use ofthe Property: ~~C.s.sloYl~\
D .. fS d' P . ~- ~ - L-C:>U\~\.AolJ~ "
escnptIon 0 urroun mg ropertIes: ~ '""~ . \ _ '^ \ . ..,,\
_ ~ ~ U'\ .' "'-. \ - '--"""U~e.b ~e.~,~. \<n 4
C 2;:>':;:)\- - ,0\-ro\"1 V\.'X~\O~ 1V\:j \ t!:-v~
Legal Description of the Property (Lengthy Description May be Attached):
C, *:J ~ C:k:.eec.L..o~
Lo~ 9. ~ \ 0 \:':,\oc:..\; \CXo
Uniform Land Use Application (rev. 12/03)
Page 1 of 2
v
Survey of Property (11" x 14",20" Scale)
~ Letter Outlining Request
Notarized Letter of Owner's Authorization
V Application Fee (non-refundable)
v City Location Map
v
I 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 fme of up to $500.00 and imprisonment of up to
30 days may result in the summary denia this application.
~
c:? ~
IN"
Printed Name
8 JZI / ~
Date J J
Uniform Land Use Application (rev. 12/03)
Page 2 of 2
HARVIN, HARVIN & PINNOCK, LLP
900 East Ocean Blvd. Suite 210-B
Stuart, FL 34994
Tel 772-286-3630
Fax 772-286-6166
11380 Prosperity Farms Rd. Suite 204
Palm Beach Gardens, FL 33410
Tel 561-622-8100
Fax 561-622-3460
8/21/2006
Wes Harvin II, JD, LLM
Reply to Stuart office
wil@,harvinpinnock.com
General Services Dept
City of Okeechobee
55 SE 3rd Ave Rom 101
Okeechobee, FL 34974-2903
VIA OVERNIGHT
RE: Application from Buyer Wes Harvin II ree:ardine:
Application for Comprehensive Plan Amendment ree:ardine:
306 NW4th St Okeechobee FL
To Whom It May Concern:
Please take this letter as a "Letter Outlining Request" for a Comprehensive Plan
Amendment regarding the property at 306 NW 4th St, Okeechobee FL. The subject
property is currently being utilized by Mr. John Bowen and his wife Delores E. Bowen as
their primary residence. Please find their "Notarized Letter" attached hereto or
immediately following under separate mailing.
It is our intention to purchase the subject property from the Bowens and
renovation same into a law office for the firm of Harvin Harvin & Pinnock, LLP.
To the best of my knowledge, the current "present use" designation of the subject
property is "CPO", Commercial/Professional Office. The current "future use" designation
of the subject property is "Residential". Please see the attached City Location Map, as set
forth by the Okeechobee County Property Appraiser, showing that the subject property is
immediately across the street from the new Courthouse, said Courthouse being bordered
on its northern side by NW 4thSt.
Please find enclosed the following items:
1. Completed and signed Application
Application Fee check No '-{ c.~L( to
in the amount of $500.00.
2.
www.harvinpinnock.com
Please find a copy of the Property Survey with date of survey, surveyor's name
and address and phone number, showing legal description and computation of acreage.
Thank you, and please feel free to call at any time.
W2
HARVIN, HARVIN & PINNOCK, LLP
11380 Prosperity Farms Rd. Suite 204
Palm Beach Gankos. FL 33410
Tel 561-622-8100
Fax: 561-622-3460
900 East Ocean Blvd. Suite 210-B
Stu:1rl. FL 34994
Tel 772-286-3630
Fax 772-286-6166
September 1, 2006
City of Okeechobee
Attn: Betty
55 SE 3RD Avenue
Okeechobee FL 34974
RE: REQUEST FOR LAND USE CHANGE
Dear BetLy:
Pursuant to your request, please accept this letter as proof of the authorization of
Wesley R. Harvin, II as our agent to apply for and effect the Land use change on the
subject property described as follows:
306 NW 4TH Street, Okeechobee, FL 34974
Parcel Id Number: R-3-15-37-35-0010-01060-0090
City of Okecchobee Lots 9 and 10 Block 106
Sincerely,
~~~
~ ~ClA~
KyH .
STATE OF FLORIDA )
COUNTY OF MARTIN )
The foregoing instrument was acknowledged before me this ~ day of September,
2006, by Wesley R. Harvin and Kay Harvin, who ~ are personally blOwn to me, or ( )
who has produced as identification and did not
take an oath.
NOTARY PUBLIC
Print Name: F \
Clr
1. .Fa.'';''1 PURtle-STATE OF FLORII'
-~~ Florisela Baltazal
\1>. Commission i.~ DD44919
.'1;"" upires: JU1Y 10, 20('-
:,,'wlLd llLf\l~,li,lllU\. ~.)mllng Co., lite
My commission expires: JliJ\/ '0 r c;<. 00 '1
,
(SEAL)
ESZ-~ ZOO/ZOO-d 998-1
-WOJ~ wd~E:IO 900Z-10-d8S
AUG-31-2006(THU) 14:44 Lakeshore Title & Escrow,I_LC (FAX)863 824 0017
ElS/25/2E:lElG 12:05 863-763-1375 TUCKER C;;I-o:UUl-' LLC
P. 002/002
l"'AI.Jl:.. ~L
August 16, 2006
To Whom It May Concern:
Wel John W Bowen and Dolores E Bowen, hereby authorize Wes Harvin"
to rezone parcel # 3-15-37-35-0010-01060-0090 located at 306 NW4111:
Street. Olceechobee, FL 34972 (City of Okeechobee Lots 9 Be 10 Block :
1 06). If you have any questions, please feel free to give us a call at (863)
763-7201.
Thank you,
~
---
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Jo
SEP-01-2006CFRI) 11:11
Lakeshore Title & Escrow,LLC
(FAX)863 824 0017
P.002/002
1IIIIIIIIIIlJJIIIIIIIIIII
Pr,rm'~ ~ and 'Blum to:
JOHN D. CASSe~. JR.
AlSom-r at Law
CASS~& MCCALL
400 NW-'i:ld S-t
O"~FL:I48?2
''Op.--~<
File No.\~ l'
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PDn:cII~rfc.iIIO" NO. So1s.31-350001D.o1rll5lMl09D
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-y_ ISll8Ce Above This Line ~ar Recarding Dllla)
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4t\O.~ --,':-3- Warranty Deed
Dot. ,q~.c;O \11\ (STATUTORY FOR.M-SECl"ION6119.02. F.S.)
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This lndentllre m~ th~.ZSllh cay ot August. 2006 Between
(~I
JOHN W. BowEN and 6Et.,D~ E. BOWEN, his wlf. whose po$t offit:1l eddrllS! Is 306 NW 4lt1 $tt8et.
OkHdtob8e. FL 30Ctn of ahii<:Ounly or Okeocllobn, Slale Df FIorldli, granlOr"'. end
WES HARVIN. SR.IIIICI KA~~Rv.N. hIs wlfllllnd WES HARVIN, JR.. .. )oint br/WllS with rlllht of
sUl'Vlvorshlp whose gost olflClV~$S Is 900 E 0c:elIn alvd. Suit. 21DB. Stuan. FL 3U94 af the Counly of
Manln, Stal8 Of FIorl~, gr.ll\lee~::;.>~l
'-1'.-'.'\'"
Witnes,eth th8tsaid grantar, ter aii(s~IIf.~nsidecvtion of !nil sum of TEN ANO N0I100 DOLLARS (S10.00) anc
olner good and Vlllullble consllleC8~tiHalO grantDi- ill hand paid !)y said grantee. \tie rucetpl whereof is hereby
acknowledglld, has granted, bsrgllinad, iaOd~solll to mil said gl1lntee, eM granhle', l1einl 8nd aasigns farever, lhe
fallowing dellCribed land, silllam.lylng and'bei'.!lJ in Okeec:hob.. County Florida, lIHVlt
~. ;,
LOTS 9 & '0 Bl.OCK 106, OKEECHOBEE. ~ORDING TO THE PLAT TH~DF RECORDED IN PLAT
BOOK 5. PAGE S. PUBLIC RECORDS OF OkE~(;HOBee COUI\rTY. FLORIDA.
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OR BK 00609 pG 1450
SHllRllM IlDIlBlTSON. CLERr. !If" CIRCUl r COURT
OKEECIlll3EE toUIITT. FL
RECORDED QIlr.n12oU6 03=55=50' PM
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SURVEYOR"SCERTIFICATE
I HERESY CERTIf"Y nw THISS\JRVEY MAP IS PER RECllRlJ tlli:S~IPllf:JN
AND .IS. TR.IJE AND, CORRECT TOM .~ST :!lfHY KNllWt;EDGE:I\NPStL.~f
AsS~V.EYED If'l. THE Fl6;l.Il, IF(;JRTHERCE:RTIfYTHAtT"'tSSURVEY
CtlMPLIES IIITI'! THE MtNIMUM TtCHNtCl\tSTI\NDARDS SE:TfORJHIN
CHAPtE:R Eil~G-F~6. BY THi!:F'!.llRIDA 'StlARD or LAND SURVEYORS
PURS\lANT tiJ SEt;TliJN 472,D;:l7 I'LPR~A STAtUTES.At-!lJ )"HAT.THERE
ARE .NO ABllVE GROUN.DENCRIJACHMENTS OTHE.R THAN 'SHOIIN. .
BY' ~--------=- - DATE,S-Zj-06
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PROFESSIONAL S!JRyEYoRAND MAPPER
rL9RlDA REllIS:rRA TIQN . 116421
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OKEE:CHPBttC(lWT'Y'.F1.0RIDA:
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-FOUND CONCRETE MONUMENT
-fOUND IRON RO 0
-SET IRON ROD
-C~NTER LINE
~F"lNISH fl.OOR ELEVATION
'-PROfESSIONAl. SURVE YOR
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-RIGHT-Of-IIAY
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PORT ST. LUtIE, fLQRIDI\ 'J~9S3
(772)878-7::;68 (of;lc:e& tel,,)
CERnf. Of AUTHiJRIZATICN. NIl. LB733.2
.City ofOkeechobee
September 14, 2006
Mr. Wes Harvin, II
900 E Ocean Blvd. #21 OB
Stuart, FL 34994
Dear Mr. Harvin,
Please be advised that the Planning Board/Board of Adjustments and Appeals of the City
of Okeechobee will be considering your Comprehensive Plan Future Land Use Map
Amendment Application 06-015-SSA on Tuesday, September 21, 2006 at 6:00 p.m. in
the City Council Chambers. The Final Public Hearing on this matter will be held on
Tuesday, October 3, 2006 at 6:00 p.m. in the City Council Chambers.
A copy of the Planning Board/Board of Adjustments and Appeals Agenda is enclosed,
along with a copy of the Staff Report. If you, or a representative, cannot attend this
meeting please contact my office at (863) 763-3372 ext. 218.
Sincerely,
~-~ 00
~~7(-n~V/
Betty Clement
General Services Coordinator
Enclosures
cc w/enclosures:
55 S.B. Third Avenue. Okeechobee, Florida 34974-2903 . (863) 763-3372. Fax: (863) 763-1686
HARVIN, HARVIN & PINNOCK, LLP
900 East Ocean Blvd. Suite 210-B
Stuart, FL 34994
Tel 772-286-3630
Fax 772-286-6166
11380 Prosperity Farms Rd. Suite 204
Palm Beach Gardens, FL 33410
Tel 561-622-8100
Fax 561-622-3460
September 1, 2006
City of Okeechobee
Attn: Betty
55 SE 3RD Avenue
Okeechobee FL 34974
RE: REQUEST FOR LAND USE CHANGE
Dear Betty:
Pursuant to your request, please accept this letter as proof of the authorization of
Wesley R. Harvin, II as our agent to apply for and effect the Land use change on the
subject property described as follows:
306 NW 4TH Street, Okeechobee, FL 34974
Parcel Id Number: R-3-15-37-35-0010-0l060-0090
City of Okeechobee Lots 9 and 10 Block 106
Sincerely,
~~mv~
~~ .
. q/l~
K yH rvm
STATE OF FLORIDA )
COUNTY OF MARTIN )
The foregoing instrument was acknowledged befo~e/me this ~ day of September,
2006, by Wesley R. Harvin and Kay Harvin, who M are personally known to me, or ()
who has produced as identification and did not
take an oath.
NOTARY PUBLIC
Print Name: F\
T .T~,~\\ ?UBUC-STATE OF FLORI!
'~\ "Florisela Baltaza:
. Commission # DD44919
.', Expires:PJ1Y 10, 20("
\:_1 liided Tluu i'~tl~LhJ.~ b~)rl(.lLT}g Coo> 111"-
a..r
My commission expires: lul\r 10 ( C< 00 q
I
(SEAL)
www.barvinpinnock.com
1375 Jackson Street, Suite 206
Fort Myers, Florida 33901-2845
Phone: 239-334-3366 Fax: 239-334-6384
Email: larue-planning@att.net
LaRue Planning &
Management Services, Inc.
Staff Report - Small Scale
Comprehensive Plan
Amendment
Owner/Applicant:
Petition No.
Wes Harvin II
06-015-SSA
Staff Report
Small-Scale Comprehensive Plan Amendment
Applicant: Wes Harvin II
Petition No. 06-015-SSA
General Information
Location: 306 NW 4th Street
Legal Description: Lots 9 and 10, Block 106, OKEECHOBEE, according to the Plat thereof
recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida.
Request:
The matter for consideration is for an Amendment to the City of Okeechobee's Future Land Use
Map from Single Family to Commcrcial to allow a professional office on thc subject property.
Based on thc size of the property (0.3 acres), this application qualifies under Chaptcr 163. F.S..
as a Small-Scale Amendment to the Comprehensive Plan.
Adjacent Future Land Use Map classifications and Zoning Districts:
North: Future Land Use Map Classification:
Zoning District:
Existing Land Use:
East: Future Land Use Map Classification:
Zoning District:
Existing Land Use:
South: Future Land Use Map Classification:
Zoning District:
Existing Land Use:
West: Future Land Use Map Classification:
Zoning District:
Existing Land Use:
Commercial
CPO
Office
Single Family
CPO
Office
Public Facilities
PUB
Courthouse
Single Family
CPO
Vacated Residential Dwelling
1
Staff Report
Small-Scale Comprehensive Plan Amendment
Applicant: Wes Harvin II
Petition No. 06-015-SSA
Summary:
The applicant is proposing to amend the Future Land Use Map to allow commercial uses on the
property. The property is currently being used as a residential dwelling with CPO Zoning. This
request would provide consistency with the zoning map for the property and allow the applicant
to operate a professional law office.
Comprehensive Plan Analysis
A. Consistency with the Land Use Categories and Plan Policies.
As proposed, the applicant's request is consistent with Objective 2 and Policy 2.1 (c) of the
Future Land Use Element. This Future Land Use Map Amendment will allow consistency
with the current zoning of the property, as stated earlier.
Objective 2: The City of Okeechobee shall continue to ensure that all new development is
consistent with the Future Land Use Element.
Policy 2.1:
The following land use designations are established for the purpose of
managing future growth:
(c) Commercial. Permitted uses include, office, retail, automotive
wholesale, and related commercial activities. Also permitted are public
facilities. Commercial development shall not exceed a Iloor area ratio
of 3.00 and the maximum impervious surface for development within
this category shall not exceed 85% of the site.
B. Concurrency of Adequate Public Facilities
The subject property is already developed and has adequate public facilities.
c. Compatibility with Adjacent and Nearby Land Uses
The current existing land use is consistent with the adjacent and nearby uses. These uses
include professional offices, the courthouse, and a vacant residential dwelling.
D. Compliance with Specific Standards of the Plan.
The City's Comprehensive Plan goals, objectives and policies, as they are intended, could
allow for an amendment to the Future Land Use Map to Commercial. This proposed
amendment would be consistent and provide a link to the existing uses that are established.
Analysis and Conclusions
This application and its appearance before the City Council and the LPA were duly noticed for
the public in accordance with public notice requirements under Florida Statutes, Chapter 163.
2
Staff Report
Small-Scale Comprehensive Plan Amendment
Applicant: Wes Harvin II
Petition No. 06-015-SSA
-
Based on the Comprehensive Plan, its goals, objectives and policies, the location of this property,
and due consideration of the adjacent land uses, it is recommended that this application for a
Small Scale Future Land Use Map Amendment from Single Family to Commercial be approved
as it is consistent with the Comprehensive Plan. Any changes necessary to comply with parking
and other City Code requirements can be accommodated at the site plan review stage.
Submitted by:
James G. LaRue, AICP
September 7, 2006
3
Email
TRANSMITTAL
CITY OF OKEECHOBEE
Office of the City Clerk (863) 763-3372 ext 215
to:
Email:
re:
date:
from:
Independent Newspapers, Inc. .... Okeechobee News - Legal Ad Department
jlevy@newszap.com
September PB/BOA Meeting
September 1, 2006
Melisa Eddings, Deputy Clerk
AD 1 OF 1: Please publish the following advertisement as a Legal on Tuesday, September 5, 2006 and
Friday, September 15,2006. Proof of publication requested. Attached is our purchase requisition #013303.
PUBLIC HEARING NOTICE
PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS
NOTICE: The Planning Board/Board of Adjustment and Appeals of the City of Okeechobee, Florida will meet
on Thursday, September 28,2006 at 6:00 p.m. or as soon thereafter as possible. The meeting will be held at
City Hall, 55 Southeast 3rd Avenue, in the Council Chambers, Room 200, Okeechobee, Florida. The items of
consideration at this meeting are:
. Conduct a Public Hearing to consider a SPECIAL EXCEPTION to allow an outdoor vehicle sales lot within a
Heavy Commercial District (ref. LOR's Sec. 90-283(18)) submitted by property owners Lynda and C. Roland
Durrance II. The subject property is located at 908 Northwest Park Street. Legal description: Lots 22 to 26 of
Block 163, City of Okeechobee Subdivision, Plat Book 5, Page 5, Public Records, Okeechobee, County,
Florida. Petition No. 06-010-SE.
. Conduct a Public Hearing to Consider Comprehensive Plan Small Scale Future Land Use Map Amendment
Application No 06-015-SSA Kay and Wes Harvin, Sr, and Wes Harvin, Jr. are the property owners The
application is to change the Future Land Use designation from Single Family (SF) to CommerCial (C) for
property located at 306 Northwest 4th Street. Legal description: Lots 9 and 10 of Block 106, City of
Okeechobee Subdivision, Plat Book 5, Page 5, Public Records, Okeechobee, County, Florida and is
approximately 0.3 acre(s). The proposed use of the property is for a Professional Office.
. Consider any proposed amendments, submitted by City Staff or citizens, to the Comprehensive Plan, which
include the Land Development Regulations (LOR's) and render a recommendation to the City Council for
consideration and final adoption.
A copy of the entire application(s) and agenda are available in the General Services Office, Rm 101 at City Hall
or by calling Betty Clement at (863) 763-3372 x 218. Please be advised that the Board of Adjustment and
Appeals will serve as the decision making body (quasi-judicial), on behalf of the City, to approve or deny
Special Exceptions or Variance Application(s). The Planning Board will make recommendations to the City
Council for consideration and final adoption of Comprehensive Plan Amendments, Rezoning Applications and
Land Development Regulations (LOR's) Amendments.
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the
Planning Board/Board of Adjustments and Appeals with respect to any matter considered at this meeting, or
hearing will 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. Tapes are used for the sole purpose of back-up for the
Clerk's Office.
In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with
disabilities needing special accommodation to participate in this proceeding should contact Betty Clement, no
later than two (2) working days prior to the proceeding at 863-763-3372 x 218; if you are hearing or voice
impaired, call TOO 1-800-222-3448 (voice) or 1-888-447-5620 (TTY).
BY: Brian Whitehall, Zoning Administrator
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA
AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT
REGULATIONS, PARTICULARLY ARTICLE III, DIVISION 8,
SECTION 90-253 SPECIAL EXCEPTION USES, AND SECTION 90-
512 SPACE REGULATIONS; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number
716 known as the Land Development Regulations, and included requirements for special
exceptions or use districts and off-street parking space requirements within the City; and
WHEREAS, upon review of same, the City of Okeechobee, though staff analysis, has determined
that certain special exception uses should be specifically addressed within these
regulations; and
WHEREAS, the City of Okeechobee has determined that revisions of certain special exception uses
are in the best interests of the City of Okeechobee and an appropriate and necessary
promulgation of its authority;
Now THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida that:
SECTION 1. Section 90-253 Special Exception Uses be amended as follows:
Sec. 90-253. Special exception uses.
The following uses and structures are permitted in the CL T district after
issuance of a special exception use petition and may have additional
conditions imposed at the time of approval:
(1) Restaurant, cafe.
(2) Dry cleaner, laundry.
(3) Private club, nightclub.
(4) Business school.
(5) Radio, television or cable reception transmission or operational
facilities.
(6) Commercial indoor recreation.
(7) Commercial parking garage or lot, taxistand.
(8) Outdoor vehicle sales lot.
(9) House of Worship
(10) Marina, dock, pier.
(11) Enclosed storage.
(12) Public facility or use.
(13) Public utility.
(14) Permitted uses in excess of 45 feet in height.
(15) One dwelling unit per commercial building,
(LOR 1998, S 372)
SECTION 2. Sections 90-512 Space regulations be amended as follows:
Sec. 90-512. Space regulations.
Off-street parking spaces are required as follows:
(1 )
Residential Uses:
Single or two-family dwelling
Multiple-family 1 bedroom
Multiple-family 2 bedrooms
Multiple-family 3-4 bedrooms
2 per dwelling
1.75 per dwelling
2 per dwelling
2.25 per dwelling
Page 1 of 4
Deleted: . not exceeding two
bedrooms or 800 square feet
Mobile home park
Adult/assisted living facilities
(2)
Commercial Uses:
Shopping center, Retail store or
service
Furniture or appliance store
Professional office, business
office
Medical office
Nursery, lumberyard
Restaurant, nightclub
2.25 per dwelling per unit or
Bedroom
1 per unit or bedroom
1 per 300 square feet of floor area
1 per 500 square feet of floor area
1 per 300 square feet of floor area
1 per 180 square feet of floor area
1 per 250 square feet of floor area
1 per 75 square feet of customer
$~}J~ice area
2 per service chair
1 per bedroom, plus 5 spaces, plus
accessory uses
1 per 150 square feet of floor area
1 per 400 square feet of floor area
(3) Entertainment and Recreational Uses:
Private club 1 per 300 square feet of floor area
Health club 1 per 150 square feet of floor area
Include pool
Tennis, racquet or handball 2 per court, plus accessory uses
court
Theater 1 per 3 seats, plus 5 spaces
Indoor recreation 1 per 200 square feet of floor area,
plus accessory uses
Golf driving range 1 per tee, pius accessory uses
Golf course 6 per hole, plus accessory uses
Marina 2 per 3 boat slips, plus storage for
trailers and boats
Barbershop, beauty shop
Hotel, motel
Auto service, repair or wash
Automobile sales
(4)
Institutional Uses:
Government office, Courthouse
or other public facilities
Place or public assembly or
worship
Hospital
Nursing home
1 per 400 square feet of floor area
1 per 3 persons in main auditorium
1 per bed
1 per 4 beds, plus 1 for each
Employee at maximum shift
3 per classroom
1 per 6 students, plus 1 space per
staff member
1 per 3 students, plus 1 space per
staff member
1 per 5 students, plus 1 space per
staff member
In lieu of student parking, daycare, preschool and nurseries may provide off-
street dropoff and pickup area.
Junior high school
Senior high school
College
Day care, preschool, nursery
Required parking for comQlercial use$, government office, courthouse
or other public facilities shall be calculated using net usable floor
space. Such net space shall be calculated by excluding from square
footage computation such space as mechanical, service, atrium,
Page 2 of 4
lobby and storage spaces. The areas used or covered by furnishings,
office equipment, partitions, or other items used within usable floor
area shall not be excluded from such computation. Usable floor area
shall be considered net space, and would include those areas such as
offices, waiting and assembly areas, courtrooms, conference rooms,
jury rooms, restrooms, holding cells, and generally all space wherein
people may meet or assemble to conduct the regular business of the
facility.
(5)
Industrial Uses:
Industrial, Warehouse
1 per 1 ,000 square feet of floor area
up to 20,000 square feet
plus 1 per 2,000 square
feet of floor area to 40,000
square feet, plus 1 per
4,000 square feet of floor
area over 40,000 square
feet
(6)
Use Not Specifically Listed:
Parking spaces shall be the same
as required for the most
similar listed use.
(LOR 1998, 9470; Ord. No. 815, 91, 2-4-03)
SECTION 3. CONFLICT
All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 4. SEVERABILITY
If any provision or portion of this ordinance is declared by any court of
competent jurisdiction to be void, unconstitutional, or unenforceable, then all
remaining provisions and portions of this ordinance shall remain in full force
and effect.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for first reading and set for final public hearing on this
,2006.
of
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this _ day of
,2006.
Page 3 of 4
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Page 4 of 4
September 21, 2006
MEMO
re: Parking regulations
We propose to amend certain portions of section 90-481 dealing with parking, by use of
special exception. This method is useful in that we can impose certain conditions on the granting
of the exception, such as limitation in time or duration, attaching the exception to a particular
owner, requiring improvements to meet current codes in the future, etc. Following is the addition
of section 90-486 to the LDR's:
Sec. 90-486 Special Exception
(1) Nothwithstanding the requirements of Division 2, Parking and Loading
Requirements, the number of on-site parking spaces required in heavy commercial or commercial
zoning categories, may be increased, decreased or deferred by the granting of a special exception
by the board of adjustment, when during site plan review with the technical review committee, an
applicant can demonstrate:
a. That there is a surplus of on-street parking immediately adjacent to the proposed
development not being used for other purposes.
b. That the proposed development will consist of a building design which includes areas
such as mechanical space, office space, kitchen space, workshop space, counter space, or such
other uses in which the general public is prohibited from entering
c. That the proposed development is limited in physical area in which to construct on-site
parking spaces due to lot configuration, placement oftrees, set-back encroachments, adjacent
structures, or other limitations or conditions not created by the applicant.
d. That the limitations or conditions which prevent compliance with current codes is of a
temporary nature and which can be demonstrated by the applicant to corne into compliance
within a reasonable time period.
e. That the applicant can execute a written agreement with the City that prohibits the use
of certain areas of the commercial structure during certain hours of the business day by the
public, which would tend to reduce the amount of vehicular traffic at the business.
(2) That in no event when a special exception is granted shall the total amount of on-site
parking spaces required at a commercial business be reduced by more than 40% of that otherwise
required in the code.
In addition, the city council directed that I propose a special exception for truck and
trailer parking in residential areas of the City, which would amend sec. 54-51 of the LDR's:
Sec. 54-51(b)(4).
The restrictions of subsection (a) of this section shall not apply if the owner/tenant of the
residential unit seeks and obtains from the board of adjustment for the City a special exception
which permits the parking of a commercial vehicle or semitrailer in excess of 24 hours. The
applicant must demonstrate the following to obtain such an exception:
a. Proof of actual notice to, and written permission from, adjoining landowners/tenants
within 500 feet of the residence that no objection is made to the parking of such vehicle.
b. That the parking of such vehicle will not intrude into any yard setback requirement
within the city.
c. That such vehicle will not be started or operated before 6 a.m. or after 10 p.m.
d. That no major repairs to the vehicle be made at the residential location.
e. Such other reasonable requirement as the board deems necessary to secure the peace
and quiet of the neighborhood, and retain the aesthetic integrity of the neighborhood.
SEPTEMBER 6, 2006 - REGULAR MEETING - PAGE 8 OF 11
VIII. NEW BUSINESS.
A. 2. c) Vote on motion.
CLOSE PUBLIC HEARING.
A. Consider a request for parking semi trucks in a residential area -
Dennis Wilson (Exhibit 3).
B.
Discussion pertaining to the Commerce Center - Robert Meyer.
KIRK - YEA
CHANDLER - YEA
VOTE
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:20 P.M. ~ '-\-0 ~ at &0A0L.
c-Yl1~~
Mr. Dennis Wilson, residing at 1102 Northwest th Court, appeared before the Council fd request that he have
permission to park his semi-trucks on his property. He presented pictures of the property to show there will be no
hindrance to the surrounding residents. He also submitted residents' signatures stating that they are in favor of his
request. City Code Enforcement Officer Fred Sterling was also present and stated that he did not have a problem with
the request. Mrs. Ruth Wilson explained that their trucks are not at the residence no more than two days a week.
Council Member Watford remarked that he had spoken with Mr. Wilson and due to Section 54-51, Parking in
residential neighborhoods (a) Commercial Vehicles and semitrailers prohibited or restricted in residential districts was
not able to resolve the situation but was suggesting the consideration of a Special Exception. Mayor Kirk was in favor
of the request since Mr. Wilson owned additional lots next to his residence and remarked that the other previous
requests did not own the extent of property that Mr. Wilson does. Mayor Kirk instructed staff to notify the Code
Enforcement Board that City Council is recommending to the Planning Board to consider chanaing the Land
Development Regulations Ordinance to allow for a Special Exception. Once all the proceedinQs have been approved.
Mr. Wilson will then need to submit an application for a Special Exception.
Mr. Robert Meyer was not present. There was no discussion.
C. Motion to approve an Interlocal Agreement for Public School Facility Council Member Watford moved to approve an Interlocal Agreement for Public School Facility Planning between the
Planning between the City, County and School Board - City City, County and School Board; seconded by Council Member Markham.
Administrator (Exhibit 4).
Mr. Ken Kenworthy, Assistant Superintendent of the Okeechobee County Schools, was present. He informed the
Council that this agreement is the first step of the School Concurrency process, that the protocol will follow. Impact
fees are not in place as of yet, will be soon, and that the School Board prefers that they be the negotiating party with
the developers in this regard. Administrator Whitehall stated that the School Concurrency Plan is part of the City's
Comprehensive Plan, in which the process is to keep the School Board advised of any upcoming developments. Mr.
Kenworthy remarked that they have been receiving the agendas for the Technical Review Committee meetings, but
have not been in attendance since the items of discussion were irrelevant. There was a brief discussion.
ORDINANCE NO. 606
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA,
PROVIDING FOR THE REPEAL OF SECTIONS 11-10, 11-11, 11-
12, 11-18, 11-19, 11-36, 11-37, 13-1, 13-2 AND 17-1
THROUGH 17-5 INCLUSIVE, OF THE CODE OF ORDINANCES OF
THE CITY OF OKEECHOBEE, FLORIDA, AND DECLARING SAME TO
BE NULL AND VOID AND OF NO EFFECT; PROVIDING A NEW
CHAPTER SEVENTEEN RELATING TO TRAFFIC; PROVIDING FOR
RULES AND REGULATIONS IN GENERAL; PROVIDING FOR
PARKING, STOPPING AND STANDING; PROVIDING FOR
RECREATIONAL VEHICLES; PROVIDING FOR OFF-ROAD VEHICLES,
PROVIDING FOR ABANDONED, UNATTENDED VEHICLES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR FINES, PENALTIES AND
PROCEDURES; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the city council, for the protection of the safety of
the citizens of Okeechobee, feels control should be
exercised and rules and regulations established for the
safe movement of traffic within the municipal limits of
the City of Okeecn~bee.
NOW, THEREFORE, BE IT ORDAINED by the city council of the City of
Okeechobee, Florida, as follows:
SECTION ONE:
Sections 11-10, 11-11, 11-12, 11-18, 11-19, 11-36,
11-37, 13-1, 13-2, and 17-1 through 17-5
inclusive, of the Code of Ordinances of the City
of Okeechobee, Florida, is hereby repealed and
declared null and void and of no effect.
SECTION TWO:
Chapter Seven~een of the Code of Ordinances of the
City of Oke:hobee, Florida, hereby reads as
follows:
ARTICLE I. IN GENERAL
Sec. 17.1. Definitions.
(As used in this chapter:)
1. "COMMERCIAL VEHICLE" shall mean every vehicle designed,
used or maintained primarily for the transportation of
property, with a gross vehicle weight of ten thousand
(10,000) pounds or more. It shall also mean any bus with a
gross vehicle weight in excess of ten thousand (10,000)
pounds.
2. "INDUSTRIAL EQUIPMENT" shall mean farm tractors,
implements, bulldozers, draglines, cranes, derricks, heavy
earthmoving equipment normally used in farming excavation
and/or heavy construction activities.
3. "SEMITRAILER" shall mean a semitrailer which is used or
designed primarily for carrying commercial loads.
4. "MUNICIPAL STREETS" shall mean all dedicated rights-of-
way within the city limits of the City of Okeechobee, except
state highways or connecting links or extensions thereof,
and county-maintained roads.
5. "CHIEF OF POLICE" shall mean the chief of the City of
Okeechobee Police Department.
6. "RECREATIONAL VEHICLE" shall mean every licensed
vehicle and conveyance designed, used or maintained
primarily as a travel trailer, motor home, camper, boat and
boat trailer, or other similar use.
7. nOFF-ROAD" vehicle shall mean all motorcycles, motor
bikes, dune buggies, motor scooters, mini-bikes, dirt bikes,
jeeps or other forms of off-highway motor vehicles.
Sec. 17.2. Authority of chief of police.
The chief of police and designated representatives are
hereby given authority to issue notices of violation for
violations of this chapter.
Sec.17-3. Florida Uniform Traffic Control Law.
(a) Adopted. The Florida Uniform Traffic Control Law,
Chapter 316 Florida statutes (1988) and as hereafter amended, is
hereby adopted by reference as the Traffic Control Law, to the
same extent as if the same were set out fully herein.
(b) Penalty for violations. Any person violating any of the
provisions of the Florida Uniform Traffic Control Law, as herein
adopted, shall, upon conviction, be punished as set out in
Chapter 316.655, Florida statutes (1988) as hereafter amended.
Sec. 17.4. Signs and devices adopted.
All signs erected upon the public streets of the city by the
ci ty designating one-way streets, stop streets, school zones,
speed limits upon designated streets, through streets, parking
limitations, limitations as to operation of commercial vehicles,
farm tractors, trucks and trailers upon certain streets, or
other regulations as adopted by the city council shall have the
force and effect as though the requirements and directions
thereof were set forth herein in full.
Sec. 17.5. Procedure for establishment of speed zones.
(a) The chief 01.. police, in accordance with the
procedures set forth herein, may determine and declare a
reasonable and safe speed limit on any municipal street or
portion thereof, which shall be effective at all times during
hours of daylight or dal~ness, or such other times as may be
determined, as the appropriate signs giving notice thereof are
erected. The procedure for establishing such speed zones shall
be as follows:
(1) Prior to establishing a new speed zone or changing an
existing speed zone, the chief of police shall conduct
an investigation to determine if such a change is
reasonable and in conformity with the criteria
promulgated by the Florida Department of
Transportation.
(2) Prior to posting signs establishing a new speed zone or
changing an existing speed zone, the chief of police
shall present to the city council of the city his
proposal concerning said speed zones and obtain the
council's approval of said proposal. .
(b) The speed limit in residential districts shall be
twenty-five (25) miler per hour.
Sec. 17.6. Mooring boats to bridges.
It shall be unlawful for any person to hitch, fasten or tie
any boat or other vessel to any bridge or to any bridge support.
2
SiN)) G Q0
Sec. 17.7. Motorboats causing harmful wake.
It shall be unlawful to operate a motorboat on Taylor Creek
or any other waterway within the city at such a speed or in such
a manner as to cause a wake which damages property abutting such
waterway or endangers the safety of another.
Sec. 17.8. Parking in areas designated "No Parking".
It shall be unlaw ul to park a vehicle in any place
designated a "No Parking" area by the city or state.
Sec. 17.9. Engine exhaust.
It shall be unlawful to discharge into the open air the
exhaust of any steam engine, turbine or internal combustion
engine of any kind, whether on a motor vehicle, or any machine of
any kind, except through a muffler or other device which will
effectively prevent excessive and unnecessary loud or explosive
noise therefrom.
Sec. 17.10. Vehicle defect or condition of load.
It shall be unlawful for any person to operate a motor
vehicle or motor propelled boat so out of repair, or defective,
or under any condition of load, acceleration or deceleration, as
to create excessive and unnecessary loud or explosive noises.
Sees. 17.11-17.19. Reserved.
ARTICLE II. PARKING, STOPPING AND STANDING
Sec. 17.20. Blocking or obstructing.
It shall be unlawful to block or obstruct the streets,
alleys, or sidewalks of the city with boxes, barrels,
merchandise, building material or other obstructions, except as
permitted by the building code.
Sec. 17.21. Trains blockinr crossings.
It shall be unlawful for any railroad company, or the
engineer, conductor or other person in charge of any railroad
train, to cause or permit any street crossing in the city to be
blocked or closed to street traffic for more than five (5)
consecutive minutes. This section shall not apply to a train
blocking a crossing if its crew is in direct communication with
the fire or police department at all times during such blocking,
nor shall it prohibit the blocking of a crossing for the purpose
of and while actually engaged in the improvement or maintenance
of such crossing.
Sec. 17.22. Stopping, standing or parking in specified places.
(a) No person shall stop, stand or park a vehicle, except
when necessary to avoid conflict with other traffic or in
compliance with the direction of a police officer or traffic
control device, in or on any of the following places:
(1) Any private alley, drive, driveway, parking area or
other privately owned property without the consent of
the owner of the property or person in charge thereof
whether such property is used exclusively by the owner
or for the use and convenience of customers or guests;
3
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(2) Other than on the right-hand side of any two-way
street;
(3) On the roadway side of any vehicle stopped or parked at
the edge or curb of a street;
(4) On a sidewalk;
(5) Within an intersection, or within twenty-five (25) feet
of any part of said intersection;
(6) On a crosswalk;
(7) Between a safety zone and the adjacent curb or within
thirty (30) feet of points on the curb immediately
opposite the ends of a safety zone, unless the division
of road operations of the department of transportation
indicates a definite length by signs or markings;
( 8 ) A 1 0 n g sid e or 0 p p 0 sit e any s t r e e t ex c a vat ion 0 r
obstruction when stopping, standing or parking would
obstruct traffic;
(9) Upon any bridge or other elevated structure upon a
highway or within a highway tunnel;
(10) On any railroad tracks;
(11) At any place where official signs prohibit stopping or
parking;
(12) Where an area is marked for parking spaces, vehicles
parked in that area shall only be parked within the
lines delineating a parking space. No vehicle shall
extend over any lines marked for parking;
(13) Alongside any curb which as been painted red or yellow.
(b) No person shall move a vehicle not owned by, or in
charge of, such person into any such prohibited area or away from
a curb such distance as is!nlawful.
(c) No person shall stop, stand or park a vehicle within
any area designated as a zone for emergency vehicles or fire
lanes.
(d) No person shall stand or park a vehicle, whether
occupied or not, except momentarily to pick up or discharge a
passenger or passengers:
(1) In front of a public or private driveway;
(2) Within fifteen (15) feet of a fire hydrant;
(3) Within twenty (20) feet of a crosswalk at an
intersection;
(4) Within thirty (30) feet upon the approach to any
flashing signal, stop sign or traffic control signal
located at the side of a roadway;
(5) Within twenty (20) feet of the driveway entrance to any
fire station and on the side of a street opposite the
entrance to any fire station within seventy-five (75)
feet of said entrance (when property signposted); or
(6) At any place where official signs prohibit standing.
4
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Sec. 17.24. Stopping, standing or parking in alleys.
(a) No person shall stop, stand or park a vehicle within an
alley in a business district, except for the expeditious loading
or unloading of materials, and in no event for a period of more
than twenty (20) minutes, and no person shall_ stop, stand. or park
a vehicle in any other alley in such a manner, or under such
conditions as to leave available less than the (10) feet of the
width of the roadway for the free movement of vehicular traffic.
(b) No person shall stop, stand or park a vehicle within an
alley in such position as to block the driveway or entrance to
any abutting property.
Sec. 17.25. Standing or parking on passenger curb loading zones.
No person shall stop, stand or park a vehicle for any
purpose or period of time except for the expeditious loading or
unloading of passengers in any place marked as a passenger curb
loading zone during hours when the regulations applicable to such
passenger curb loading zone are effective, and then only for a
period not to exceed five (5) minutes.
Sec. 17.26. Standing in freight curb loading zone.
(a) No person shall stop, stand or park a vehicle for any
purpose or length of time other than for the expeditious
unloading and delivery or pickup and loading of materials in any
place marked as a freight curb loading zone during hours when the
provisions applicable to such zones are in effect. In no case.
shall the stop for loading and unloading of materials exceed
thirty (30) minutes.
(b) The driver of a y~hicle may stop temporarily at a place
marked as a freight curb loading zone for the purpose of, and
while actually engaged in, loading or unloading passengers when
such stopping does not interfere with any motor vehicle used for
the transportation of materials which is waiting to enter or
about to enter such zone.
Sec. 17.27. Restricted parking zone.
(a) No person shall stop stand or park a vehicle for any
purpose or length of time ~n any restricted parking zone other
than for the purpose to which parking in such zone is restricted
except that a driver of a passenger vehicle may stop temporarily
in such zone for the purpose of and while actually engaged in
loading or unloading of passengers when such stopping does not
interfere with any vehicle that is waiting to enter or about to
enter the zone for the purpose of parking in accordance with the
purpose to which parking is restricted.
(b) When official signs are erected, or notices are
otherwise displayed, designating a parking zone, area or space
5
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for restricting parking for authorized vehicles only, no person
shall park an unauthorized vehicle in violation of such displayed
notices or erected signs. By the word "authorized," it is meant
the vehicle is of the class or type given authorization by the
chief of police or that it bears a decal or other emblem
authorized by the chief of police.
(c) Vehicles parked in violation of this section shall be
subject to removal at the owner's expense, when removal of said
vehicle is authorized by a law enforcement officer.
Sec. 17.28. Stopping, standing or parking of buses and taxicabs
regulated.
The operator of a bus or taxicab shall not stop, stand or
park upon any street in any business district in any place other
than at a bus stop or taxicab stand, respectively, except that
this provision shall not prevent the operator of any such
vehicle from temporarily stopping in accordance with other
stopping, standing or parking regulations at any place for the
purpose of and while engaged in the expeditious unloading or
loading of passengers.
Sec. 17.29. Restricted use of bus and taxicab stands.
No person shall stop, stand or park a vehicle other than a
bus in a bus stop or other than a taxicab in a taxicab stand when
such stop or stand has been officially designated ~nd
appropriately signed, except that the driver of a passenger
vehicle may temporarily stop therein for the purpose of and while
actually engaged in the expeditious loading or unloading of
passengers when such stopping does not interfere with any bus or
taxicab waiting to enter or about to enter such zone.
Sec. 17.30.
Parking provisions for handicapped and disabled
persons.
(a) It shall be the policy of the City of Okeechobee to
provide a minimum of one (1) specially designed and marked motor
vehicle parking space at the city hall for the exclusive use of
severely physically disabled individuals with permanent mobility
problems. Said parking space is to be utilized only by those who
are severely handicapped and who have been issued an exemption
entitlement parking permit pursuant to Florida statutes, Chapter
320.0848.
(b) In addition to the minimum space at the city hall it
shall be required that other governmental units provide a minimum
of one (1) space in the immediate vicinity of a building which
houses a governmental entity or a political subdivision
including, but not limited to, state office buildings and court
houses. These spaces shall be specially designed and specially
marked and reserved for the exclusive use of severely physically
disabled individuals who have been issued an exemption
entitlement parking permit ~ursuant to Florida Statutes Chapter
320.0848.
(c) Each parking space shall conform to the requirements of
Florida Statutes 316.1955(3) and shall be posted and maintained
with a permanent sign bearing the internationally accepted
wheelchair symbol and th.~ caption, "PARKING BY DISABLED PERMIT
ONLY" .
(d) Any person who parks a vehicle in any parking space
designated with the internationally accepted wheelchair symbol
and the caption "PARKING BY [SABLED PERMIT ONLY" shall be guilty
of a traffic infraction unless such vehicle displays a parking
6
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permit issued pursuant to Florida statutes, Chapter 320.0848 and
such vehicle is transporting a person eligible for such parking
permit. However, any person who is chauffeuring a disabled
person shall be allowed, without need for an identification
parking permit, momentary parking in any such parking space for
the purpose of loading or unloading a disabled person. No
penalty shall be imposed upon the driver for such momentary
parking.
Sec. 17.31. Parking in residential neighborhoods.
1. Commercial vehicles and semitrailers prohibited or
restricted in residential districts:
(a) It shall be unlawful for any owner, agent, operator or
person in charge of any commercial vehicle, or
semitrailer, to park, stop, store or keep same on any
public street, avenue, alley or other thoroughfare, or
any right-of-way therewith, within any residential
district in the City of Okeechobee for a period
exceeding one hour in any twenty-four (24) hour period,
each such period commencing at the time of the first
stopping in the city.
(b) It shall be unlawful for any owner or lessee of real
property in any residential district in the City of
Okeechobee to park on, cause to be parked on, or allow
to be parked on his, its or their residential property,
any commercial vehicle or semi-trailer for the period
exceeding one hour in a twenty-four (24) hour period,
unless same- is in an enclosed garage. Each such period
shall commence at the time of first stopping or parking
unless a permit is first obtained from the police
department of the city, and as may be otherwise
provided in this section. This restriction shall also
apply to the owner, agent, operator or person in charge
of any such vehicle in the event said person is not the
owner or lessee of said real property.
2. Delivery and construction vehicles; emergency repairs:
(a) The restrictions of subsection 17.31(1) shall not apply
to the temporary parking of such vehicles on private
property in residential districts whereon construction
is under way, for which a current and valid building
permit has been issued by the City of Okeechobee, and
said permit is properly displayed on the premises.
(b) The restrictions of subsection 17.31(1) of one hour in
residential districts shall not apply to routine
deliveries by tradesmen, or the use of trucks in making
service calls, providing that such time in excess of
one hour is actually in the course of business
deliveries or servicing, as the case may be.
(c) The restrictions of subsection 17.31(1) shall not apply
to a situation where such vehicle becomes disabled, and
as a result of such emergency is required to be parked
within a residential district for longer than one hour.
However, any such vehicle shall be removed from the
residential district within twenty-four (24) hours, by
wrecker towing if necessary, regardless of the nature
of the emergency.
3. Industrial equipment prohibited or restricted in residential
districts:
(a) It shall be unlawful for any owner, agent, operator or
person in charge of any industrial equipment to park,
7
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stop, store or keep such equipment on any public
street, avenue, alley or other thoroughfare, or any
right-of-way theriwith, within any re~idential district
in the City of Okeechobee, any time, unless moving
directly to or from, or actually located at, any
excavation or construction site whereon construction,
clearing, removal of debris or other building and/or
excavation activities are either currently under way or
will commence within the next twenty four (24) hours
and for which a current and valid permit has been
issued by the City of Okeechobee, and said permit is
properly displayed on the premises. Industrial
equipment used in lot clearing, tree trimming or
removal lawn care and related services, is also
included, although a specific building permit may not
be required; and, nothing in this section is intended
to require a building permit where not otherwise
required.
(b) It shall be unlawful for any owner of property in any
residential district of the City of Okeechobee to park
on, cause to be parked on, or allow to be parking on
his, its or their residential property, any industrial
equipment, as previously defined in this section, at
any time unless such industrial equipment is used on
property wherein construction, clearing, removal of
debris and/or other similar activities are currently
under way or will commence within the next twenty-four
(24) hours and for which a current and valid permit has
been issued by the City of Okeechobee, and said permit
is properly displayed on the premises. Heavy equipment
used in lot clearing, tree trimming, or removal, lawn
care and related services is also included herein,
although a specific building permit may not be
required; and, nothing in this section is intended to
require a building permit where not otheniise required.
However, mowers, clippers, edgers, drills, saws,
sanders and other normal tools and implements of home,
lawn and garden maintenance and repair, whether
motorized or not, are not considered to be industrial
equipment
(c) Exempt from the foregoing provi sions are i terns of
industrial equipment in actual use or moving directly
to or from the location of actual use:
1 . Owned or leased by the Ci ty of Okeechobee or
Okeechobee County for the accomplishment of a
governmental purpose such as tree trimming, road
repair or construction, water or sewerage system
repair or construction, maintenance of street and
traffic lights and/or similar activities;
2. Owned or leased by a contractor or subcontractor
under agreement with the city or dounty to
accomplish a municipal purpose as provided above;
3. Owned or leased by a recognized public utility
operating within the City of Okeechobee, or by a
contractor or subcontractor under agreement with
such public utility for the accomplishment of some
installation, maintenance, adjustment and/or
repair to such public utility.
4. Permits:
The chief of police of the City of Okeechobee or his duly
authorized designee may issue, upon proper application therefor
8
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by the owner or his authorized representative to the police
department, a permit extending the parking time limits set forth
in section 17.31 up to, but not exceeding, "twenty-four (24)
hours, upon establishing that such permit is requested in good
faith for a reasonable cause shown or demonstrated to the chief
of police or his designee and not for the purpose of avoiding
the intent or objectives of this section.
5. Application of superseding city ordinances and state laws:
This subsection is primarily for the purpose of protecting
residential zoning. Therefore, any ordinances of this city or
laws of this state providing for the regulation of motor vehicles
are in addition to this subsection, and wherever primarily for
the regulation of motor vehicles or for the purposes of zoning,
imposes more stringent requirements, regulations, restrictions or
limitations than are imposed or required by the provisions of
this subsection, then more stringent requirements, regulations,
restrictions or limitations shall apply.
6. Exceptions:
The provisions of this section shall not apply to
recreational vehicles used exclusively for recreational purposes.
7. Nonconforming use:
The nonconforming use provisions of this chapter shall not
apply to these sections.
8. Conformity with existing ordinances:
This section shall not be construed as authorizing trucks to
utilize any street or other public thoroughfare of the city over
which such vehicular traffic is now or hereafter prohibited by
ordinance, or lawful order of the police department.
Secs. 17.32-17.39 Reserved.
ARTICLE III. RECREATIONAL VEHICLES
Sec. 17.40. Use as a residence prohibited.
No recreational vehicle shall, at any time, be used as a
residence, temporarily or permanently.
Sec. 17.41. Parking on streets restricted.
Recreational vehicles shall not be parked on the streets of
the city for a period of time longer than twenty-four (24) hours.
Sec. 17.42. Registration.
All recreational vehicles shall bear a current state
registration.
Sec. 17.43.
Parking of recreational vehicles in residential
district.
No recreational vehicle shall be parked or stored in any
residential area unless said vehicle is stored inside an enclosed
garage or other structure, parked on a paved driveway or parked
to the side or rear of the principal structure, provided the
applicable rear lot setback and the applicable side yard setback
are maintained.
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Sec. 17.44. Trailers; parking prohibited unless specifically
permi tted.
It shall be unlawful for any person to park any house
trailer on any street, alley or highway or other public place, or
on any tract, lot, or parcel of land, except as specifically
permitted in this Code and the zoning ordinance.
Sec. 17.45.
Trailers; emergency or temporary stopping on
public ways.
Emergency or temporary stopping or parking of house trailers
shall be permitted on any street, alley or highway or other
public place for not longer than four (4) hours, subject to any
other and further prohibitions or limitations imposed by the
ordinances of the city.
Sees. 17.46-17.49 Reserved.
ARTICLE IV. OFF-ROAD VEHICLES
Sec. 17.50. Findings and purposes.
(a) The city council finds that the driving, riding and use
of motorcycles, motor bikes, minibikes, dirt bikes, trail bikes,
dune buggies, motor scooters, jeeps or other forms of off-highway
motor vehicles on public and private property within the limits
of the City of Okeechobee is and can be the cause of noise and
dust and of the destruction of plants, other ecological damage,
and damage to landscaping and other personal and real property,
which, conduct adversely affects the comfort and privacy of
occupants and residents of the City of Okeechobee. Because said
conduct may be intermittent, fleeting, moving and/or caused by
persons who are minors the noise and public nuisance provisions
of this Code, as well as other legal remedies, are inadequate to
control said conduct and its adverse effects. The provisions 9f
this article relating to the regulations of motorcycles, motor
bikes, minibikes, dirt bikes, trail bikes, dune buggies, motor
scooters, jeeps or other forms of off-highway motor vehicles are
therefore necessary for the public welfare.
(b) The city council declares that the purpose of this
section is to exercise the general police power in order to
protect the enjoyment and use of public' and private property, to
protect the rights of privacy, to preserve property and personal
values, and to promote peace and quiet within the City of
Okeechobee by regulating the use of motorcycles, motor bikes,
minibikes, dirt bikes, trail bikes, dune buggies, motor scooters,
jeeps or other forms of off-highway motor vehicles on public and
private property within the City of Okeechobee.
Sec. 17.51. Operation regulated.
No person shall operate upon the private property of another
or upon any public property which is not held open to the public
for any vehicular use and which is not subject to the provision
of the Florida Uniform Traffic Control Law, a motor vehicle,
including a motorcycle, motor bike, minibike, dirt bike, trail
bike, dune buggy, motor scooter, jeep or other form of off-
highway motor vehicle. The provisions of this paragraph shall
not prohibit the operation of off-highway motor vehicles upon the
property of another when said motor vehicles are:
(a) Authorized emergency vehicles;
(b) Used for ingress to and egress from, and parking upon,
1 0
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(c)
parking lots or structures open to the public or
private parking lots;
Motor vehicles operated upon property used for a motor
vehicle riding area which has received approval from
the city and is being'operated as a business;
The property of any governmental agency, including any
motor vehicle riding facility operated by the City of
Okeechobee;
(d)
(e)
Upon property of another and when the operator has the
written consent of the owner or person in lawful
possession of such property;
( f)
Used by the owner of the land himself, his family,
employees, agents or lessees;
(g)
Upon private property for ingress and egress only.
Sec. 17.52. Prima facie violation.
The operation of any motorcycle, motorbike, minibike, dirt
bike, trail bike, dune buggy, motor scooter, jeep or other form
of off-highway motor vehicle upon any vacant or unimproved lands
wi thin the ci ty limits shall constitute a prima facie violation
of this article unless the operator is able immediately to
exhibit signed written permission by the owner of the land for
such use.
Sec. 17.53. Liability of l-l.rents of children under eighteen.
Each parent and/or guardian of any child under the age of
eighteen (18) years may be charged under this article with having
permitted a violation of any of the provisions of this article.
Subsequent to receipt of a written warning from the chief of
police, each parent and/or guardian so warned shall be assumed
knowingly to have permit! ~d any subsequent violation and shall be
subject, upon conviction, to penalties identical to those
provided for the violator for having permitted a violation of
this article.
Sees. 17.54-17.59 Reserved.
ARTICLE V. ABANDONED; UNATTENDED VEHICLES
Sec. 17.60. Unlawful; exception.
It is hereby declared unlawful for any person to park, store
or leave unattended any motor vehicle on public property,
including road rights-of-way, located within the incorporated
area of the city, for a period of time in excess of thirty-six
(36) hours. This section shall not apply to any vehicle owned or
leased by the City of Okeechobee, Okeechobee County or the State
of Florida, or by a contractor or subcontractor under agreement
with the city or county to accomplish a municipal purpose.
Sec. 17.61. Removal of vehicles..
The city police officers are hereby authorized to provide
for the removal of any abandoned or unattended vehicle to the
nearest garage or other place of safety, cost of such removal to
be a lien against said motor vehicles when said vehicle is found
unattended in the following instances:
11
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(a) Where such vehicle constitutes an obstruction to
traffic.
(b) When such ve' -Lcle has been parked or stored in
violation of Lne provisions of any Okeechobee City
Code.
Sees. 17.62-17.69 Reserved.
ARTICLE VI. SEVERABILITY
Sec. 17.70
Severability.
If any section, phrase, sentence or portion of this chapter
is, for any reason, held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision, and such portion
shall not affect the validity of the remaining portions thereof.
Sees. 17.71-17.79 ReabL~
ARTICLE VII. PINES, PENALTIES AND PROCEDURES
Sec. 17.80 Parking infraction procedures.
(1) Whenever any motor vehicle is parked in violation of
this Chapter the police officer observing the violation may
prepare a written parking citation including all necessary
particulars and deliver the citation to the owner or driver if
present or affix the citation to the vehicle in a conspicuous
place. For the purpose of this paragraph "police officer" also
includes any individual employed by the city police department
who is acting as a parking enforcement officer wi thout arrel;lt
powers.
(2) Any person receiving a parking citation for a parking
violation shall, within five (5) working days, pay the civil
penalty as prescribed in this chapter or request a hearing before
a judge of the county court. Any person electing to appear
before the designated judge shall be deemed to have waived his
right to pay the civil penalty. The judge, after a hearing,
shall make a determination as to whether a violation has been
committed. If the commissinn of violation has been proven, the
judge may impose a fine not to exceed one hundred ($100.00)
dollars plus court costs.
Sec. 17.81. Parking fines section; procedures upon noncompliance
with parking violation notice.
(1) The parking fines section of the city police department
shall accept payment of civil penalties for parking violations
and issue receipts therefor. The parking fines section shall
maintain a record of such civil penalties and shall daily submit
monies collected to the city finance director.
(2) If any person summoned by a parking violation notice
affixed on a motor vehicle does not respond to such notice within
the time period specified on such notice, the parking fines
section shall assess a five ($5.00) dollar delinquent fee per
violation against the registered owner of the motor vehicle. In
addition, a notice of summons shall be sent, by certified mail,
to the registered owner of the motor vehicle which was cited,
informing such owner of the parking violation notice and the
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failure to comply therewi tho Such notice shall direct the
recipient to respond within ten (10) calendar days; otherwise, a
summons will be issued for failure to comply. Costs in the
amount of five ($5.00) dollars shall be assessed incident to this
notification process.
(3) If a response is not made within the time period
specified in the notice of summons, a summons will be issued
commanding an appearance before a judge of the Okeechobee County
Court and a service of process charge shall be assessed to cover
the cost.
(4) After issuance of summons, a hearing on the charge of
failure to comply shall be scheduled and such charge prosecuted
in the Okeechobee County Court.
(5) Any person who fails to respond to the original parking
violation notice within the time period specified on such notice
shall be deemed to have waived the right to contest the merits of
such parking violation.
(6) A viola tion of Section 17.81 of this Code shall be
deemed a separate and distinct violation and shall not be
construed to be merged with or a part of the original parking
violation. If the commission of violation under this section has
been proven, the judge may impose a fine not to exceed one
hundred ($100.00) dollars plus court costs.
Sec. 17.82. Failure to obey notice; alteration or destruction of
notice prohibition.
(1) The registered owner of a motor vehicle who willfully
neglects to answer to the charge set forth in a parking violation
notice affixed to such motor vehicle by a police officer or
parking enforcement officer shall be held to have violated this
chapter.
(2) The notice referred to in subsection (1) of this
section is and shall remain the property of the city before and
after the serving, delivery, or affixing thereof and is and shall
be considered an integral part of the police department. All
persons receiving any such notice in writing, whether by personal
service or by affixing the same to a motor vehicle, shall be and
are hereby required to preserve such notice and to bring and
present or otherwise tr ,nsmit the same to the parking fines
section when answering the charge set forth in such notice.
(3) No person, whether the recipient thereof or otherwise,
shall willfully throwaway, alter, mar, mutilate, destroy, or
discard the written notice of the city described in subsection
(1) of this section.
Sec. 17.83. Schedule of civil penalties for parking violations.
The schedule of civil penalties for parking violations under
this chapter shall be established by Resolution adopted by the
ci ty council.
Sec. 17.84-17.89 Reserved.
1 3
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SECTION THREE:
This')rdinance shall take effect
immediately u?on its adoption.
Introduced for first reading and set for final hearing
this 20th day of September, 1983.
1C2-"'::-L
ATTEST:
~
BONNIE S. THOMAS, CMC
CITY CLERK
CITY OF OKEECHOBEE
Passed on second reading and public hearing this 4th
day of October, 1988.
~_.--
~~
ATTEST:
~
SOWH E TH0I1AS, CHC
CITY CLERI\
CITY OF OKEEHCOBEE
~ /4/
-~
DKOlloO 0