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2006-12-21 129 CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS MEETING DECEMBER 21, 2006 SUMMARY OF BOARD ACTION >- I I. CALL TO ORDER - Chairperson. Planning Board/Board of Adjustment and Appeals, December 21,2006, 6:00 p.m. I II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson William Ledferd Vice-Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Carol Johns Board Member Devin Maxwell Board Member Douglas McCoy Altematc 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 Board/Board of Adjustment Action for the October 19,2006 regular meeting. I Page 1 of 8 Chairperson Ledferd called the December 21, 2006 meeting to order at 6:00 p.m. Board Secretary Clement called the roll: Present Present Present Present Present Present Present Present Present Absent (with consent) Present Present Board Member Hoover moved to dispense with the reading and approve the Summary of Board Action for the October 19, 2006 regular meeting; seconded by Board Member McCoy. LEDFERD - YEA McCOY - YEA JOHNS - YEA VOTE HOOVER - YEA KELLER - YEA MOTION CARRIED. BURROUGHS-YEA MAXWELL - YEA Chairperson Ledferd called for the vote and it was voted upon. While Chairperson Ledferd was announcing that the motion passed, Board Member Maxwell interjected that he wanted to discuss about his position at the last meeting due to his late arrival. It was his understanding that Board Member O'Connor had replaced him in the voting. However, the minutes reflect him as voting yea on the motions. 1 December 21, 2006 Planning BoardlBoard of Adjustment and Appeals - Page 2 of 8 III. MINUTES CONTINUED. A. Motion to dispense with the reading and approve the Summary of Planning Board/Board of Adjustment Action for the October 19, 2006 regular meeting continued. Discussion ensued as to whether Mr. O'Connor had moved from the voting position. Mr. O'Connor stated that he remembered announcing that he would be moving from the voting position due to Board Member Maxwell's arrival at 6:07 p.m. Board Member Maxwell's recollection was that he participated in the discussion, but remained silent during the vote. Board Member McCoy replied that a silent vote is the same as a yea vote, unless you explain why you are not voting, you are considered a vote. Chairperson Ledferd asked whether he had called another member up to a voting position? Secretary Clement answered that he had called both the alternates up to a voting position, but when Board Member Maxwell came in, she interrupted the current discussion and brought to his attention that both alternates were voting positions. At that time Mr. O'Connor said he was stepping down. Board Member Mccoy concurred. Secretary Clement continued that she took that to mean that Board Member Maxwell was in his regular position. Board Member Maxwell replied that he did not recall hearing Alternate O'Connor step down and perceived his position as free to participate, but not vote. Chairperson Ledferd stated he remembered re-announcing Board Member Maxwell back to his seat and put Mr. O'Connor back as an alternate, so from the time Board Member Maxwell arrived he was in a voting position. Board Member McCoy asked Board Member Maxwell whether he would like to change his vote on Petition No. 06-012-SSA and Petition No. 06-01O-R from a yea vote to a nay vote? Board Member Maxwell said that to the extent of the reflection of a yea vote, it is not accurate, my motion is that it be changed to reflect a nay vote. Mr. LaRue noted a silent vote is a yea vote, and should you not vote you have to give a reason why you are not voting, you also have to fill out a form. Board Member McCoy added that the minutes reflect his voting position. Chairperson Ledferd said that it is not a big deal, he just wants to change his yea vote to a nay vote. In the future, once an alternate is moved to voting position, they will remain in the voting position for the duration of the meeting. Board Member Maxwell remarked that is what he assumed would happen, considering you miss part of the discussion. Board member Hoover asked whether that was allowed to change a vote? Alternate O'Connor replied that parliamentary procedure should be checked with Roberts Rule of Order to see whether that is permissible, agreed by Board Member Hoover. Chairperson Ledferd also asked Secretary Clement to check with Attorney Cook on the procedure. Board Member Maxwell still maintains that he did not vote, therefore the minutes should reflect his non-voting. Board Member McCoy said that due to the way we vote, by not showing hands only by voice, and there were no nay votes then the assumption is that the vote is yea. III. MINUTES CONTINUED~ I A. Motion to dispense with the reading and approve the Summary of Planning Board/Board of Adjustment Action for the October 19,2006 regular meeting continued. I IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. I V. OPEN PUBLIC HEARING - Chairperson. Chairperson Ledferd asked that the secretary bring the subject up to Clerk Gamiotea. Board Member McCoy asked Chairperson Ledferd to table the acceptance of the minutes until the next regular Planning Board/Board of Adjustment and Appeals meeting on January 18, 2007. Chairperson Ledferd said we can do that. Board Member Hoover asked whether she should withdraw her motion to approve the minutes? Board Member Maxwell stated that he did not think you could impute an outcome, I am just simply saying that the minutes do not reflect that I made that vote and he did not agree that a silent vote is a yea vote. Board Member McCoy reiterated that you have to state a reason for not voting, it is required. Board Member Maxwell replied that it would be prudent at the time to state a reason, other than he thought he was in an alternate position and the alternates do not state a reason for not voting. Board Member Burroughs asked what the problem is with tabling the motion. Chairperson Ledferd asked for a motion to table for research and definition. (Note for clarification: The following motion is illegal and cannot be applied since the Chair had previously called that the motion to approve the October 19, 2006 minutes was approved prior to the discussion. A motion to rescind the previous action, a vote taken and then a motion to postpone would have been the legal action to take). Board Member Hoover made a motion to table thc approval of the Summary of Board Action for the October 19, 2006 regular meeting to the next regular Planing Board/Board of Adjustment and Appeals on January 18, 2007; seconded by Board Member McCoy. LEDFERD - YEA McCOY - YEA JOHNS - YEA VOTE HOOVER - YEA KELLER-YEA MOTION CARRIED. BURROUGHS-YEA MAXWELL - NAY Chairperson Ledferd asked whether there were any requests to add, defer or withdraw items on today's agenda. Letter A, Resolution No. 06-10 pertaining to the Billboard Policy, was deferred until the next meeting. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:11 P.M. 1 December 21, 2006 - Plannin BoardIBoard of Adjustment and Appeals - Page 4 of 8 v. PUBLIC HEARING CONTINUED. A. Consider Rezoning Application No. 06-014-R. Geroge A. GoodbreadlG-4 Land & Cattle Company are the property owners. The application is to change the zoning designation from Residential Single Family-One (RSF- 1) to Heavy Commercial (CHV) for property located at 2100 South Parrott A venue within the 2000 Block of Southwest Second A venue. Legal description: Lot 10, Block 46, First Addition to South Okeechobee, being a subdivision in Sections 21 and 28, Township 37 of Range 35 East, according to plat thereof recorded in Plat Book 1, page 17, Okeechobee, County, Florida, public records, less and except all sovereignty lands. Lots 7 and 8, Block 1, Royal Oak Addition, being a subdivision in Section 28, Township 37 South of Range 35 East, according to plat thereof recorded in Plat Book 1, Page 8, Okeechobee County, Florida, public records, less and except all sovereignty lands. Lots 5 and 6, Block 1, Royal Oak Addition, according to the Plat thercof recorded in Plat Book l, Page 8, of the Public Rccords of Okcechobee County. Florida. Lots land 7, Block 46, First Addition To South Okeechobec, according to thc Plat thereof recorded in Plat Book l, Page 17, Public Records of Okcechobee County, Florida, less and except the North three (3) fect thereof - City Planning Consultant. Consider Rezoning Application No. 06-014-R. Geroge A. GoodbreadlG-4 Land & Cattle Company are the property owners. The application is to change the zoning designation from Residential Single F amil y- One (RSF-l) to Heavy Commercial (CHV) for property located at 2100 South Parrott A venue within the 2000 Block of Southwest Second Avenue. Legal description: Lot 10, Block 46, First Addition to South Okeechobee, being a subdivision in Sections 21 and 28, Township 37 of Range 35 East, according to plat thereof recorded in Plat Book 1, page 17, Okeechobee, County, Florida, public records, less and except all sovereignty lands. Lots 7 and 8, Block 1, Royal Oak Addition, being a subdivision in Section 28, Township 37 South of Range 35 East, according to plat thereof recorded in Plat Book 1, Page 8, Okeechobee County, Florida, public records, less and except all sovereignty lands. Lots 5 and 6, Block 1, Royal Oak Addition, according to the Plat thereof recorded in Plat Book 1, Page 8, of the Public Records of Okeechobee County, Florida. Lots 1 and 7, Block 46, First Addition To South Okeechobee, according to the Plat thereof recorded in Plat Book 1, Page 17, Public Records of Okeechobee County, Florida, less and except the North three (3) feet thereof. Mr. LaRue reviewcd the Comprehensive Plan Analysis as follows: 1. The proposed use is not contrary to Comprehensive Plan rcquirement: The applicant has stated that he has not decided on a specific use for the property at this time. He has requested this rczoning to accommodate possible commercial uses that could be proposed by potential users of the land in the future. While the Land Development Code allows several uses under the CHV Zoning District as permitted uses, the applicant will need to specify what type of use(s) is intended on the property. This can be done at the site plan review phase of development as the property is now vacant. Some of the permitted uses in the CHV Zoning Dis~rict are summarized; ProfessionallBusinesslMedical Office, Retail Service/Store, Restaurant, Personal Service, Funeral home, Hotel/Motel, Nightclub. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. As stated above, the applicant has not specified which use will occupy the property. 3. The proposed use will not have an adverse effect on the public interest The proposed CHV Zoning will not have an adverse effect on the public interest. This Zoning District is shared by properties to the North, East and South. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The CHV Zoning would be appropriate for this location and will complement the adjacent land uses as has been stated above. 5. The proposed use will not adversely, affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. Allowing CHV uses on the subject property will not affect property values or living conditions. In addition, it will encourage development on the surrounding vacant properties. December 21, 2006 - Planning BoardIBoard of Adjustments and Appeals - Page Jo.a 3 V. PUBLIC HEARING CONTINUED. I A. Consider Rezoning Application No. 06-014-R, continued. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. Buffering may be required depending on the type of use to be allowed on the parcels. This will be addressed during the site plan review phase of development. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Density will not be an issue as the site is planned for commercial uses. Traffic impacts will be assessed during the site plan review phase of development. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. It is most likely that development of the subject property will impact traffic circulation in the area, but as stated earlier, those impacts will be assessed prior to development. Traffic improvements will be provided by the applicant, should it be warranted, at the Site Plan review stage. Likewise, flooding and drainage plans will be reviewed by City staff when appropriate, but it does not appear to be an issue at this time. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions being placed on the subject property are those which are set forth in the City's Comprehensive Plan and the Land Development Code. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. By allowing the requested CHV Zoning on the subject property it cannot be construed as granting a special privilege to the owner as contrasted with the public welfare. Allowing this request will further the City's goal of eliminating inconsistent land uses within its municipal boundaries. I Staff recommends approval of the request to allow rezoning from RSF-l to CHV permitting the applicant to develop the property with commercial uses. I Chairperson Ledferd opened the foor for discussion between the Board and any public comments. Board Member Burroughs inquired as to the process that the Staff goes through to determine the use of property. Mr. LaRue stated that he looks at the surrounding property to help staff determine the use of the property. Board Member Burroughs also asked whether the buildings will remain on the property. Mr. LaRue stated that all the building will be razed. Board Member McCoy asked whether the mobile home on the property is appropriate? Mr. Goodbread answered that the area used to be an old mobile home park. All occupants have six. months to vacate the property according to Mr. Goodbread. Board Member Burroughs inquired as to the possible occupants for this property. Mr. Goodbread said that they are trying to get something like TGI Friday or a Red Lobster and possibly one other business to share the parking lot. 1 December 21, 2006 - Planning BoardIBoard of Adjustments and Appeals - Page 6 of 8 V. PUBLIC HEARING CONTINUED. A. Consider Rezoning Application No. 06-014-R, continued. CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Resolution No. 06-10 pertaining to the Billboard Policy - City Attorney. B. Ordinance No. 966 - An amendment to the City of Okeechobee Land Development Code creating the City of Okeechobee Proportionate Fair Share Transportation ordinance - City Planner. Board Member O'Connor asked whether anyone talked to the people around the area for their opinion? No, but notices are sent out to surrounding property owners within 300 feet of the property to notify them of the rezoning. Mr. Sizemore spoke regarding the possible noise element of the development. He said when there was a nightclub operating on the premises, that it was quite loud from 10:00 p.m. until 2:00 a.m., and that many complaints had been made, but nothing was done. He just wants the residential homes in the area to be protected from possible future noise created from potential businesses. Board Member Maxwell asked whether a lighter commercial zoning could be used? Mr. LaRue said the applicant requested Heavy Commercial Zoning (CHV). A lesser commercial zoning would limit the use choices. Board Member Burroughs moved to recommend petition No. 06-014- R to City Council to rezone property located at 2100 South Parrott Avenue within the 2000 Block of Southwest Second Avenue, from Residential Single Family-One (RSF-I) to Heavy Commercial (CHV); seconded by Board Member Johns. LEDFERD - YEA McCOY - YEA JOHNS - YEA VOTE HOOVER - YEA KELLER-YEA MOTION CARRIED. BURROUGHS. YEA MAXWELL - YEA CHAIRPERSON LEDFERD CLOSED PUBLIC HEARING AT 6:36 P.M. Resolution No. 06-10 pertaining to the Billboard Policy was deferred until the regular January 18,2007 meeting by City Attorney Cook. Ordinance No. 966 amendment to the City of Okeechobee Land Development Code creating the City of Okeechobee Proportionate Fair Share Transportation Ordinance was presented by Mr. LaRue. He began by explaining that reading the ordinance would probably put you to sleep in quick order. Best example of the ordinance, some jurisdictions Future Land Use cannot continue to develop because they do not have concurrency done. It is mandated by the state that by December 2006 this ordinance has to be in place. The ordinance is consistent with the City's Comprehensive Plan. VI. NEW BUSINESS CONTINUED. I I I B. Ordinance No. 966, continued. Chairperson Ledferd asked whether this will require another Board for the City? Mr. LaRue answered that it would not. The hardest part will be figuring out what proportion somebody really owes when you really get into some of these things. Technical assistance will come from Central Florida Planning Council, and State Department of Transportation. We have not been very sophisticated ourselves in terms of showing what somebody owes for some of these things, but as more and more Future Land Use applications come before the Board, I will not be saying concurrency as much as I will say making sure the levels of service are not degraded. Chairperson Ledferd stated that he just recently went to the Transportation meeting in Sebring for this specific purpose. Board Member Hoover stated that she thought we had this covered in the Land Development Codes, because she has used the information. Board Member Maxwell said that the ordinance' was more detailed than the State Statue. Mr. LaRue stated that we had a model ordinance from the League of Cities and that he also looked at some of the other City's that had adopted the statute. It gets a little bit more complicated in the sense that you need tomake sure you include things that the State says you need to have in the ordinance. You are right, it is more detailed. Board Member Maxwell asked. in the adoption of this ordinance will it impose the fair share rcquirements or do we also necd something else? It is all you need, replicd Mr. LaRue. Should we havc any questions about the factual impacts. we can call the Regional Planning Councilor the State Department of Transportation. Board Member McCoy asked what is the implementation deadline as far as the Board is concerned? Mr. LaRue replied that the Board is done. No, answered Board Member McCoy, I am asking for the resident that drops something off December 31, 2006 versus January 2, 2007 . We are covered and not in violation of the law, so should anyone come and say we were holding them up from future development, we have the ordinance in place that says that we can require them to do their proportionate share, and we can analyze under the same criteria we use for development review or rezoning. Board Member McCoy asked whether this went into immediate effect? Mr. LaRue answered yes. Board Member Maxwell asked whether this only applied to infrastructure? Mr. LaRue answered yes. Board Member Maxwell stated he understands that the school district also has an interest in a contribution for education. Will that compliment this ordinance? Mr. LaRue said it would compliment the school as well. A year from now we will have to have a school concurrency element, stated Mr. LaRue, and actually even now we would require the developers to get a letter saying how the schools are impacted. Chairperson Ledferd asked whether there were any comments from the public. There was none. 1 December 21, 2006 - Planning BoardIBoard of Adjustments and Ap eals - Page 8 of 8 VI. NEW BUSINESS CONTINUED. B. Ordinance No. 966, continued. VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, such inter- ested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. w~ Board Member Hoover moved to recommend approval of Ordinance No. 966 to amend the City of Okeechobee Land Development Code creating the City of Okeechobee Proportionate Fair Share Transportation which is consistent with the Comprehensive Plan and consistent with State Law; seconded by Board Member Burroughs. LEDFERD - YEA McCOY - YEA JOHNS - YEA VOTE HOOVER-YEA KELLER - YEA MOTION CARRIED. BURROUGHS-YEA MAXWELL - YEA There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:07 P.M. 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 f?r p~ation i~ the ~aid newspaper. ,,--. ,..., ':'- '; f . .</^ [ <-. , Sworn to ~7bscr:_ d efore me this /.6 day of. , /J , A.D. 20 D~' u ~ ~~;itR. ~ /). Du.jy;Ji~:u~::;,~ Kanne!l R. Brown ~ . . J::S[J - =h'~ ,. = CommiSSion #00272] 18 Notary Pubhc, StateofFlon a at Large ~;;,: ~:~~E' "J ]72008 -'-:v....J;: xplres. an , ~./ 7 0; .~o;", - Bonded Thru ';. ",," Atlantic Bonding Co., Inc. The Okeechobee News P.O. Box 639, Okeechobee, 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 DAIL Y Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy OfJdlVfrtis1' .en~b~ing a -i--J 1 __ill~) ell rs1~Qj i~ matter of cl . Vl )kf!.J f2() Ju/Y13 en fJiIJy i .J ' in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of -~_. 19j4 - I 15/{)(r, I " PIlIUC lIEARIIlG IlO11CE PlA8NING BOARII/IlWIIl Of AIIJllSTMEHT AND APl'DLS NOTICE: 1l1e PIami1(l ~ 01 AdjIslmenl and Appeals ollle CIly ol aue: chobee, Aoridl! ,.,;1 meet on l1u5day. llecIlmber 21, 2OlI6 III 6:00'p.m. II" as soon 1herealler as possilIe. The meelinQ wi! be held III cay Hal. 55 SoIdheasl 3rd Avenue, in the CounclI Chambers, Room 200. Okeechobee, Florida. The items 01 considenllkln 1111IismeellnQ are: Conduct a Public Hearing to Consider RezoninQ PeliIian No. Q6-014-R. Brad Goodbread is submi\Iilg tile pe1\IIllI) on beI1aII 0I1he IJOI*IY owners. G-4 laid and Callie Company and George A. Goodbread. The petition Is 10 change 1he loning designation from Residilnlial Single ~ (RSf-l) 10 H ' Com- merclal (CHV ) for property IocaIed 11I2100 South PatroIl Aveme. LeaaI~ tion: Lois 7 and 10 0I1lIOck 46, Rrsl AdcItion 10 South (J(eechobee SubciYtsion, as recorded in PIaIIlook 1, ~ 11, and lois 51hrough 8 0I1lIocl< 1, Roy1II Oak Addition SubdiYIson, as rec:onled it PIaIIlook 1, Page 8, PublIc Records 01 0Ilee- chobee County, Florida. and is approlIimaIeIy 1.015 acre(s). Consider any proposed iIneI1<knenIs. submiIIed by City Stall or citizens, to 1he Comprehensive Plan, which Include tile Land DevekJpmenl ReguIaIions (LIlR'S) and render a recommendation to the City Council for conslderttion and final adoption. SpeclIIc LOR ameIDnenlS cooeriIv 001he agenda are: . AMENDIIlIl CHAP1Bl31 OFTHE CITY Of 0IEECH08EE CODE OF ORDINAIICES, IIElAT\NG TO SEXUAL lJFfENIlEIlS RESIOEIlCY PROVISIONS. . CREAllMG SECTION 2011l1Rl1U61l210 MTlCLE Y OF CODE lOOK CHAPTER 78 FOR PIlOPOIlTIOIIA1 FAIR SHARE TRA/lSPOIlfATIO. A copy 01 the entire aooIication(s) and agenda are available it1he General Services Office, Room 101 at City Habll" by caIIinO Belly C1emenI at (863) 763-33n x 218. Please be advised thal1he Board 01 Adjustmelt and Appeals wit seI'Ie as the decision making body (quasi-judicial), on behalf 01 the' City, to approve or deny Speclai Exceptions or Valiance Application(s). The Planning Board will make recommendations 10 tile C"rty CounclI for consideration and IinaI adoption 01 Comprehensive Plan AmendmenlS, Rezoring Applicalions and Land llevelopment Regulations (LDR'S) Amendmer1IS. PLEASE TAKE NOTICE AND' BE ADVISED 1haI ~ ~ person desires to appeal any declsion made by the Plamlng Boan1I8oard 01 AdjUSlI11eI1lS and Appeals witI1 reo spect to any mailer considered at this meeting, or heaJing wit need to enswe a verbatim record 0I1he proceedings is made, which reconl inWles 1he testimonY and evidence upon which the appeal Is to be based. Tapes are used for the sole purpose ol back-up for 1he Clerk"s 0IIIce. . in accordance with the Americans witI1 DisabHilies Act (ADA) and Florida Statute 286.26, persons wlIh cIsabiIIes neecIng Special acconinodation to ~ in this proceeding should conIlIct IlelIy C1emenI. no ID tIIan two. (2) WOI1dng days prior 10 1he proceeding III 863-763-33n x 218; ~ you are heariIg II" voice im- paired, tal roo 1.&00:222.3448 (voice) or 1-888-447.5620 (TtY). BY: Brian Wlitel1all, lonlng AdnirUtratOr 179331 ON 1214,1511l6 PAGE-1- CITY OF OKEECHOBEE - DECEMBER 21, 2006 - PLANNING BOARD/BOARD OF ADJUSTMENTS AND APPEALS HANDWRITTEN MINUTES I. CALL TO ORDER - Chairperson: December 21. 2006. Planning Board/Board of Adiustment and Appeals Regular Meeting 6:00 p.m. II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE - Secretary Present Absent 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 VOTE LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ O'CONNOR MOTION: III. MINUTES. Secretary. R., "A An, ~ YKo:b . 0V1 <-b '.~" )vt 3D /JY\' ij~-- VV~- ~ ~ ~.'tT-iIk c- . A. Board Member~).Q nl moved to dispense with the reading and approve the Summary of A9~ for the October 19, 2006 regular meeting; seconded by Board Member---t{ll-~~ . \ YEA NAY ABSTAIN ABSENT NOT SERVING AS A VOTING MEMBER .+ I /f~1? I ~X I (~ J € IV. AGENDA. Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. 1. Defer item letter A from New Business to the January 18, 2007 Planning Board/Board of Adjustment and Appeals meeting. ~ f2v~ I~VOku cht ()jjq ~A ~ ltt-.'-7f~ 7. (j ~ ~. kw ~ (!J~^>-/- u~f . '7 lLuJ i6 ~ fJ, ~h 671 , r--< _ - c~ - v~ , WI. -. .,--h -- Itto....V-G'\...... \ VY\ - cJ MO-he-Y'. . -~ ~ ~I,LL I' \A/~J Iv-ffP~~ - M01W~ - PAGE -2- V. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT ~ : f I P.M. A. Rezoning Application No. 06-014-R - City Planning Consultant 1. Consider Rezoning Application No. 06-014-R. Geroge A. Goodbread/G-4 Land & Cattle Company are the property owners. The application is to change the zoning designation from Residential Single Family-One (RSF-l) to Heavy Commercial (CHV) for property located at 2100 South Parrott Avenue within the 2000 Block of Southwest Second A venue. Legal description: Lot 10, Block 46, First Addition to South Okeechobee, being a subdivision in Sections 21 and 28, Township 37 of Range 35 East, according to plat thereof recorded in Plat Book 1, page 17, Okeechobee, County, Florida, public records, less and except all sovereignty lands. Lots 7 and 8, Block 1, Royal Oak Addition, being a subdivision in Section 28, Township 37 South of Range 35 East, according to plat thereof recorded in Plat Book 1, Page 8, Okeechobee County, Florida, public records, less and except all sovereignty lands. Lots 5 and 6, Block 1, Royal Oak Addition, according to the Plat thereof recorded in Plat Book 1, Page 8, of the Public Records ofOkeechobee County. Florida. Lots 1 and 7, Block 46, First Addition To South Okeechobee, according to the Plat thereof recorded in Plat Book 1, Page 17, Public Records of Okeechobee County, Florida, less and except the North three (3) feet thereof. STAFF REPORT: The applicant has stated that he has not decided on a specific use for the property at this time. He has requested this rezoning to accommodate possible commercial uses that could be proposed by potential users of the land in the future. While the Land Development Code allows several uses under the CHV Zoning District as permitted uses, the applicant will need to specify what type of use(s) is intended on the property. This can be done at the site plan review phase of development as the property is now vacant. Some of the permitted uses in the CHV Zoning District are summarized below: A. Professionallbusiness/medical office B. Retail service/store C. Restaurant D. Personal service E. Funeral home F. Hotel/motel G. Nightclub 2. The proposed use being applied for is speci.fically authorized under the zoning district in the Land Development Regulations. As stated above, the applicant has not specified which use will occupy the property. 3. The proposed use will not have an adverse effect on the public interest. The proposed CHV Zoning will not have an adverse effect on the public interest. This Zoning District is shared by properties to the North, East and South. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The CHV Zoning District would be appropriate for this location and will complement the adjacent land uses as has been stated above. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. Allowing CHV uses on the subject property will not affect property values or living conditions. In addition, it will encourage development on the surrounding vacant properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. Buffering may be required depending on the type of use to be allowed on the parcels. This will be addressed during the site plan review phase of development. PAGE -3- 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Density will not be an issue as the site is planned for commercial uses. Traffic impacts will be assessed during the site plan review phase of development. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. It is most likely that development of the subject property will impact traffic circulation in the area, but as stated earlier, those impacts will be assessed prior to development. Traffic improvements will be provided by the applicant, if warranted, at the Site Plan review stage. Likewise, flooding and drainage plans will be reviewed by City staff when appropriate, but it does not appear to be an issue at this time. 9. The proposed use has not been inordinately hurdened by unnecessary restrictions. The only restrictions being placed on the subject property are those which are set forth in the City's Comprehensive Plan and the Land Development Code. 10. The proposed change will not constitute a grant (~fspecial privilege to an individual owner as contrasted with the public welfare. By allowing the requested CHV Zoning on the subject property, it cannot be construed as granting a special privilege to the owner as contrasted with the public welfare. Allowing this request will further the City's goal of eliminating inconsistent land uses within its municipal boundaries. Staff recommends approval of the request to allow rezoning from RSF-l to CHV permitting the applicant to develop the property with commercial uses. 1M. ~ ~u.. ~ ~ ~. 0(,-61'/.1:, J-1I k~, ew~Yl~~ ~ ~ '-fI-, <..(.h.a--, ...,'<-J,.j..,J ~ ~~~ ~ jhfI,~\uJ- 'it " -IKA.~~ ~~~~Odf- LM'~'~ ~ S~~~, , k ~~ Mo . ~ (. L>~"-T~ d~ - f\1~rMbkL ~' ~-~~k~~~~- ~p-~~~~+u~.- ~~.~ ~ ~ \ l,\)M-~ ~ ~ ~ ~,+ 1M-'-- 'tN- ~ ~ ~5~ oJ ~Ltt-? O~- c&+~~', ~- LWi,LL~ (]v. ~~ ~ (p fl'tOS. - ~ UJ,j-a, ~~ {,.r \G..~Fti- tJ iofJA. O-v-J fDS~J &,u..D~ ~ ~~M. . . O\~-~~cb~~~#-~. f:d~-~(D.~~ 1N1A-- ~ /.~~ ~~, t1.~CL ~ ~ - ;{)o'fl.--p- M - lJJlJA,~ r~ bn~ - ~ -\11--4 '-0; ~"-~~ ~ ~ ~ c ~~. (7~;t:~. ~nu., . ~I, ~1-'1o-~- 00 ultt~-~~Vd~-;l4 C fuJ ~ c:..fb (5\ C-L- T . 6 ~~ flvA> wLlP ~~ ~ \v- Lt~, _jW LcJ ' .~- ~A) "'" ~ ~ 41/ - fl6\ Y ~ '-P~~ , ~~.-Wf~~~~ u4 ~~~ ~ -'700~'~,Q,tt ~ ~~ha.+~~ W1JPk~~,-4, , ~\f\~-~~~~~ ~? t", ~ - Or, , ~ ('!iV PNy~"" ~ ~ ~~~'. 1\\~w.ill. Do.-' + kCGh,"',f ~r~ ~ ~ ki tLu- ~ ~. ~~-~+~u.)(~l-L~, PAGE -4- BOARD MEMBER ~~ MOVED TO PPROV DENY PETITION NO. 06-014-R TO RECOMMEND REZONING RESIDENTIAL S GLE FAMILY-O F-l) TO HEAVY COMMERCIAL (CHV) FOR PROPERTY LOCATED AT 2100 SOUTH PARROTT A VENUE WITHIN THE 2000 BLOCK OF SOUTHWEST SECOND A VENUE. LEGAL DESCRIPTION: LOT 10, BLOCK 46, FIRST ADDITION TO SOUTH OKEECHOBEE, BEING A SUBDIVISION IN SECTIONS 21 AND 28, TOWNSHIP 37 OF RANGE 3S EAST, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 17, OKEECHOBEE, COUNTY, FLORIDA, PUBLIC RECORDS, LESS AND EXCEPT ALL SOVEREIGNTY LANDS. LOTS 7 AND 8, BLOCK 1, ROYAL OAK ADDITION, BEING A SUBDIVISION IN SECTION 28, TOWNSHIP 37 SOUTH OF RANGE 3S EAST, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 8, OKEECHOBEE COUNTY, FLORIDA, PUBLIC RECORDS, LESS AND EXCEPT ALL SOVEREIGNTY LANDS. LOTS S AND 6, BLOCK 1, ROY AL OAK ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 8, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LOTS 1 AND 7, BLOCK 46, FIRST ADDITION TO SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH THREE (3) FEET THEREOF. PROPERTY OWNERS ARE GEORGE A. GOODBREAD/G-4; SECONDED BY BOARD MEMBER ~ . VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS A VOTING MEMBER LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ O'CONNOR MOTION: t~~ CLOSE PUBLIC HEARING - Chairperson. Co '. ?J(P f M ' VI. NEW BUSINESS. A. Resolution No. 06-10 pertaining to the Billboard Policy - City Attorney 1. Deferred to the January 18,2006 Planning Board/Board of Adjustment and Appeals Meeting. B. Ordinance No. 966-An amendment to the City of Okeechobee Land Development Code creating the City of Okeechobee Proportionate Fair Share Transportation ordinance - City Planner . _ ~~ _ fJ.u~fktr~ 'fv~.~ Ft0C7.b - ;~ yY.~ - ~~ t-LU (A-'-t~~ ~ .~~ 1" ~ ~~ ~- ~D5 ~ k-B~~^- . V-~.A- ~. T--+- I':> c~ ~ ~ In &4 7 - ;VO-~~ L--t:.I>F~v{> -- ()" . ij)~ai,->~ ~~ ~ ~. ,(/.V' .~ J-c~ - N~ ~ ~ ~ ~ . i~- M~";' ~ ~~~ . f'A-1"(1.IJ.lJ2(-J1lrM- ~F&- p~ - ~- ~~~'7. }Aok~-0-.Le~~1-LMl-t.L-Yfs.. ~~~~ BOARD MEMBER ~\WU'--' MOVED TO RECOMMEND/DENY ORDINANCE NO. 966 ~ TO AMEND CITY OF OKEECHOBEE LAND DEVELOPMENT CODE CREATING THE ~ITY OF i ;; OKE,ECHOBEE PROPORTIONATE FAIR SHARE TRANSPORTriION; SECONDED BV~ ~~ 1r~ tf ~ri~JltTJ ~ J ti ~ r~!$~~ ~ f 1 r t ! Tcv ~ " ~ ~ f ~ ~ l ~ . ~~ -- ..uJ J-?=-~ r -1= ;.-11 -+- t- il ~ ~1;~ ~ C h ~ f t~ ( :> ~ .{ 0< ~% ~ > ti ~ ~ ~l . <r-. V' r t ~ I <6 ~ f \~ ~ i VII. CHAIRPERSON LEDFERD ADJOURNED Tit' MEETING AT ~ '. SO P.M. t '". ,t ~ ~ ~ .~ ~~ ~ ~ ~~} u' CITY OF OKEECHOBEE PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS MEETING DECEMBER 21, 2006 OFFICIAL AGENDA PAGE 1 OF 2 I. CALL TO ORDER: Planning Board/Board of Adjustment and Appeals, December 21,2006,6:00 p.m. - 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 October 19, 2006, regular meeting. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. DECEMBER 21, 2006 - PB/BOA AGENDA - PAGE 2 OF 2 V. OPEN PUBLIC HEARING - Chairperson. A. Rezoning Application No. 06-014-R - City Planning Consultant 1. Consider Rezoning Application No. 06-014-R. Geroge A. GoodbreadfG-4 Land & Cattle Company are the property owners. The application is to change the zoning designation from Residential Single Family-One (RSF-l) to Heavy Commercial (CHV) for property located at 2100 South Parrott Avenue within the 2000 Block of Southwest Second Avenue. Legal description: Lot 10, Block 46, First Addition to South Okeechobee, being a subdivision in Sections 21 and 28, Township 37 of Range 35 East, according to plat thereof recorded in Plat Book 1, page 17, Okeechobee, County, Florida, public records, less and except all sovereignty lands. Lots 7 and 8, Block 1, Royal Oak Addition, being a subdivision in Section 28, Township 37 South of Range 35 East, according to plat thereof recorded in Plat Book 1, Page 8, Okeechobee County, Florida, public records, less and except all sovereignty lands. Lots 5 and 6, Block 1, Royal Oak Addition, according to the Plat thereof recorded in Plat Book 1, Page 8, of the Public Records of Okeechobee County, Florida. Lots 1 and 7, Block 46, First Addition To South Okeechobee, according to the Plat thereof recorded in Plat Book 1, Page 17, Public Records of Okeechobee County, Florida, less and except the North three (3) feet thereof. CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS - Chairperson. A. Resolution No. 06-10 pertaining to the Billboard Policy - City Attorney B. Ordinance No. 966-An amendment to the City ofOkeechobee Land Development Code creating the City ofOkeechobee Proportionate Fair Share Transportation ordinance - City Planner 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 Board/Board 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. .... ~ .... V Property address / directions to property: Petition No. 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 01 V Name of property owner(s): A P P Name of applicant(s) if other than owner (state relationship): L I Applicant mailing address: I z.. 5 7 5 t-fc,..:, t:JKe c A N T Contact person daytime phone(s): Fax: L/ft,7-2J DC Indicate current use of property: Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state) Approximate number of acres: O.~'1 t ,33P, property in a platted subdivision? NO Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: 1\)0 P R o P E R T Y Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: N D Is a sale subject to this application being granted? rJ 0 Is the subject parcel your total holdings at that location? Ifnot, describe the remaining or intended uses: NO West: Describe adjoining land uses / improvements to the North: South: East: Existing zoning: tsF- / ' Future Land Use classification: Parcel Identification Number: ( V')Rezone (.---1 Special Exception l-.J Variance Actions Requested: ~'l- e- ll' o ,,3.:;2'37-35" OOkfl' ceo/(;. C\(u o,O.otJo ()- o7l> 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 C 0 ec b in processing my request. False or misleading infonnation may be punishable by a fine of up to $5 .0 fup to 30 days and may result in the summa;y denial of this application. '6l2.M)f2.I 6. ~a>OBlliEAb Printed N~ 'K~jistU(d gelHG,-4 LO..n.di(~l+:0 Uniform Land Use Application (rev 1/03) /7 ;{o\/ z.aot, Date Page I of 2 V Current zoning classification: ~ RS r- \ Requested zoning classification: ~JtV R What is your desired permitted use under the proposed classification: &JflJlYI€IlL1 A-L E Z 0 yes N If granted, will the new zone be contiguous with a like zone? E Is a Special Exception necessary for your intended use? NO Variance? NO Describe the Special Exception sought: - S P E C provide specific LDR ordinance citation: I A L Are there other similar uses in the area? Is so, describe: E X C E Why would granting your request be in the best interest ofthe area and residents? p T I 0 lf business, briefly describe nature including number of employees, hours, noise generation and activities to be N conducted outside of a building: Describe Variance sought: c--- 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 .... ~-f8 .5D 1IlP j)~- ~ . 1.11111111111 FILE NUM 2004013443 OR BK 00537 PG 1658 SHARON ROOERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, Fl RECORDED 07/2612~)~ 08:~3:~~ AM RECORDING FEES 18.50 DEED DOC 37~.50 RECORDED BY M Anuez BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA QUITCLAIM DEED Deed Number 31142 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA is by Section 253.03, Florida Statutes, authorized and empowered to conve~ain lands under the terms and conditions set forth herein; ~~ MfEREAS. said B~ TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE ST~AE ORIDA did approve this transfer on -'1 I sf the ~ day of JV\Gt j _~)), NOW, THE~ undersigned BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, as "GRANTOR", under authority of Section 253.03, Florida Statutes, for and in consideration of the sum of Fifty Three Thousand Five Hundred and nO/100 Dollars ($53,500.00) and other good and valuable considerations, to it in hand paid by George A. Goodbread, whose address is 1200 S. Parrott Ave, Okeechobee, Florida 34974 as "GRANTEE," has remised, released conveyed and qui tclaimed, and by these presents does remise, release, convey and quitclaim unto GRANTEE, his heirs, and assigns forever, all the right, title, interest, claim and demand which GRANTOR may have in and to the following described lands in Okeechobee County, Florida, to-wit: Lot 10, BJ.ock 46, FIRST ADDITION TO SOUTH OKEECHOBEE, being a subcti vision in Sections 21 and 28, Township 37 South of Range 35 East, according to plat thereof recorded in Plat Book 1, Page 17, Okeechobee County, Florida, public records, less and except all sovereignty lands. Lots 7 and S, BJ.ock 1, ROYAL OAK ADDITION, being a subdivision in Section 28, Township 37 South of Range 35 East, according to p1.at thereof recorded in Plat Book 1, Page S, Ok_chobee County, Florida, public records, 1._s and except a1.1. sovereignty lands. OR BK 00537 PG 1659 TO HAVE AND TO HOLD the above-described lands subject to all outstanding easements, reservations and other interests. SAVING AND RESERVING unto GRANTOR and its successors an undivided three-fourths interest in, and title in and to an undivided three-fourths interest in, all the phosphate, minerals, and metals that are or may be in, on, or under the said land and an undivided one-half interest in all the petroleum that is or may be in, or under the said land with the privilege to mine and develop the same. IN TESTIMONY WHEREOF, the members of the BOARD OF TRUSTEES OF THE INTERNAL IMPRO~ TRUST FUND OF THE STATE OF FLORIDA have hereunto subscribe~~r names and have caused the official seal of 'aid BOARD OF TR~F THE nITERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLO~ID e hereunto affixed in the City of l;;t Tallahassee, Florida, ~ day TOM GAL G R ~~~ C ES H. BRONSON COMMISSIONER OF AGRICULTURE (SEAL) BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA APPROVED AS TO FORM AND LEGALITY By: ~I.. ~ DEP torney As and Constituting the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA This instrument prepared by: Dianne H. Reed Bureau of Public Lands Administration Division of State Lands 3900 Commonwealth Blvd. MS 130 Department of Environmental Protection Tallahassee, Florida 32399-3000 Page 2 of 2 Trustees' Quitclaim Deed #31142 c..~ iD", , . , .. 1.1111111..11 Precared bv and return to: JOHN D. CASSELS, JR. Attorney at law Cassels & McCall P.O. Box 968 400 NW Second Street Okeechobee, Fl 34973 FILE HUM 2004000712 OR BK 00521 PG 0505 SHARON ROBERTSON, ClERK Of CIRCUIT COURT OKEECHDBEE COUNTY, Fl RECORDED 01/15/200~ 03:27:~1 PM RECORDING FEES 6.00 DEED DOC 980.00 RECORDED BY n Anuez File No.: Parcel Identification No. 3-28-37-35-O06~010-OO50 rSpace Above This line For Recording Datal 0- ~ U~~DQ3 D=>C' This Indenture made this 15th day of January, 2004 Between Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) Safari Hut, Inc., a Florida corporation whose post office address is 705 SE 11th Avenue, Okeechobee, FL 34974 of the County of Okeechobee, State of Florida, grantor*, and Witnesseth that said grantor, for an other good and valuable consideratio acknowledged, has granted, bargain following described land, situate, lying and a corporation whose post office address is 12575 Hwy 70 East, eechobee, State of Florida, grantee", eration of the sum of TEN AND NO/100 DOLLARS ($10.00) and antor in hand paid by said grantee, the receipt whereof is hereby the said grantee, and grantee's heirs and assigns forever, the eechobee County Florida, to-wit: to the plat thereof recorded in Plat Book 1, Page 8, Subject to restrictions, reservations and easements of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. .. "Grantor" and "Grantee" are used for singular or plural, as context requITes In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: ::~r~H~ ;?/JU REBEltCA L. MARSH, President \ State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this 15th day of Ja ary, 2004 by REBECCA L. MARSH of Safari Hut, Inc., a Florida corporation, on behalf of the corporation. He/she is personally known to me or [ ] has produced as identification. . ~._ _.___ ~'. ~ec:=.D02tl_ _n__ .. ..._ [Notary Seal] '-'1"".,1 e..pr.July11.2007 Notary P blic , Printed Name: . b 1 5 My Commission Expires: R... - I... ,00 IJ_lW6,"0 g~o '* 9 '* PAGE I 020 This DKtuaetI. ........... By.. Hdanl "" R. B. Barber OltBBCBOBEB ABS'l'RACT " TITLE INSURANCE 207 NIt 2nd Street Okeechobee, PL 34972 FILED FOR RECORO OKEfr.IfO!lff COUPHV. Ht'. 384888 03 FED - 7 PH ,.: 2.. SHAIW;1 ilOuEfITSON CLERK OF CIRCUIT COURT hrnlIDN..mher. 3 -28 -3 7 -35-0050-00460- 0010 Warranty Deed This Indenture, Made this 2nd day of January DAVID M. CONLON and ROSE M. CONLON, his wife ,2003 .....D.. Between of die COunty of Okeechobee Slale of Florida ,grantors, .0<1 GEORGE GOODBRBAD, a single man whose oddIas is: 12575 Hwy ~t, Okeechobee, FL 34972 of "'" Coolnly of Okeechobe~ ~ , Slale of Florida , grantee. Witnesseth IbaI die GRANTORS. ror~....or""'sumor ---------------------m;OLLARS ($10)----------------------- DOUA~ aad 0Iber good aDd ........... coosidonIi in hood peid by GRANTEE. die m:eipI wbeleof is IlcRlJy ~ ....., gI3lIk:d. boIpiIlcd ond sold co die said G E'S heirs. sum:sson 8Rd assigns ~, "'" fio_ing described Imd. siblate. lyiJIg.....boiagin""'c-.tyor Oke e Slate or Florida Iowll: Parcel 13-28-37-35-0 0~10 Lots 1 and 7, Block 46, IR TIOR TO SOUTH OKEECBOBEE, according ~to the Plat thereof rec t Book I, Page 17, Public Records (/' of Okeechobee County, Florida, LESS AND EXCEPT THB NORTH TBRBB (3) FEET THEREOF. Subject to current taxes, easements and restrictions of record. The property herein conveyed DOES NOT constitute the HOMESTEAD property of the Grantor. Doc:urnef!lIHy ~ _In thelmountd $ 9~.tTT> CIIss C httanaIIbIa Ta peId in the emount d$-- SIlIron RabeItIon. CIeIk d Cift:uIt Coull: ~~~. By: ~/~ ~ .c. Oate: 2, -7- 2:bD:?> (Seal) (Seal) STATE OF Florida COUNTY OF Okeechobee The rorquing iRSlnIInelll was ""knowledged before me lhis 2nd day or DAVID M. CONLON and ROSE M. CONLON, his wife January . 2003 by who"", persooanykoown 10.... or who have produced lhejr Florida .......,...., TEODY AMMONS \ IIoI81y PublIc - SIaIa 01 ~. 1IJl:amium ElpaSop 17.:au eo",mmia.ion . 0012058.. Bonded By Na_/loIarr Alan. 32UO O~S,...._...1OOO (16.l)76J.-JSS5 fGrmflWD-1 'b J,""c>""rr"r~':"7'r:;'(YCr~"J;;r""'~~~ - -\ ~ .. T L, --- '.Z.O' 2.5' O' ,~ ~ .\}) 42.0' 2.$' 0> /. I \1 [/ I F17' ~............. '-\ r,-'.~ I " ~ ~ \ ~ ~! CO,'"' 1 I ..... 1 . 'll~ ;t\i 3 i ~ II I 6:1) "I ~ '" I()-. \0 ()) 30' 40' ~.1"0' ~. ., ~ (S\ ~ ~ " -97J . .50' I ~_ "-. "-. ~ \t) ~ ~ ~ BOUNDARY SURVEY PREPARED FOR GEORGE GOODBREAD DEseR/p T/ON: LOTS 5 AND 6, BLOCK " ROYAL OAK ADDITION, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK " PA GE 8, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PROJECT SPEC/RC NOTES/LEGEND: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLA T(P) AND MEASURED(M). 2) PARCEL ID: 3-28-37-35-0060-00010-0050. 3) F.I.R.M. ZONE: ZONE UNDETERMINED, PARCEL LIES WITHIN THE OKEECHOBEE CI TY LlMI TS. 4) THIS SURVEY IS NOT INTENDED TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 5) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 6) DATE OF LAST FIELD SURVEY: 01/05/06. 7) WPP = WOOD POWER POLE. ~@~u[}={] o 15 30 I""I,.,.J".,J""I,."I..,.I""I.",I SCALE IN FEET MAP SCALE: 1 INCH = 30 FEET .... -.J ~ I 8i "< l's t5 e ~I!i': ~~ ~~ ~ "'l:~ ~ Ci ~~ -.J ~ ~ .... lJ)1~ -.J ~ r 8i "< l's ~ e SHELL LOT 1 BLOCK 1 LOT 2 BLOCK 1 0-.8' CONCRETE .... l-. ~ ~ 18' SET 5/8" IRON ROO &- CAP "KAB LS 4820" "- ""' OHI>'- OHI>'- SET 5/8" IRON ROD &- CAP "KAB LS 4820" N 89"56'48" E 81.2' o CONCRETE 0.2' LOT 6 b BLOCK 1 ~ I STORY RESIDENCE b Ii Ii LOT J BLOCK. 1 51.2' SHELL. 1I.:.~, JL Ci:' . . .' L.J ~ ~ ..... . t C) C:Oc::iE\. .' .!n"=>1:: il)....~ t'i (S " ~~~ C) !:lU)0l g 0; <::i 01 II) LOT -I BLOCK 1 (S ~ ~ 0; Cll TOTAL PARCEL CONTAINS :to.JJ ACRES ~ SHEa t '" ~-=-- ~~ ~ lS C) 1il ~ LOT 5 BL OCK 1 G- SEP TIC TANK 1],8' CONCRETE , '" ' " '" .... ~ .9./' SET 5/8" IRON ROD &- CAP "KAB LS 4820" '''-L SET 5/8" IRON ROD &- CAP "KAB LS 4820" FOUND I" IRON PIPE (NO 1.0.) 1.2' Eo &- 0.5' N. b C. OF ASPHAL T ~ TELEPHONE (BEARINC BASE) PEDES TAL S 89"55'44" W 142.42'(C) 142.50'(P) f s. W. 22ND STREET (ASPHAL !ROAD) 50' R/I1{P) _-L EDCE OF ASPHAL T / STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was made to locate underground improvements and/or encroachments (if any) as part of this survey. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61 G17-6, F.A.C.) pursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: DESCRIPTION BOUNDARY SURVEY DWG. DATE 01/11 /06 BY we CK KAB GEORGE A. GOODBREAD DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE BEARING REFERENCE: THE S. LINE OF LOT 5 IS TAKEN TO BEAR S 89.55'44" W FB/PG: FILE: 171/57-64 19771 SCALE: 1" = 30' JOB NO: 19771 TRADEWINDS SURVEYORS 200 S.W. 3rd Avenue Okeechobee, FL 34974 Tel: (863) 763-2887 -6~~~:~~,~,(b,","0""",: No PROFESSIONAL AND MAPPERS SERVICES, INC. LB 671 9 LEGEND @-Set Iron Rod ,and Cop TWPS 6719 .-Found CM .-Found Iron Rod (and- Cop) @ -Found Pipe (and Cop) A88REVIA TIONS Ii=Baseline; BM=Benchmark; It=Centerline; C=Calculated; CA TV=Cable TV; CM= Concrete Monument; CONC=Concrete; O=Oeed; 6=Oelta or Central Angle; E=East; E'L Y=Easterly; EjP=Edge of Pavement; ESMT=Easement; F.I.R.M.=Fload Insurance Rote Mop; FNO=Found; IP=lron Pipe; IR&(C)=lron Rod (and 10 Cop); L=(Arc) Length; M=Measured; MH=Manhale; N=Narth; N'L Y=Nartherly; NGV(D)=Natianal Geodetic Vertical (Datum) of 1929; NTS=Not to Scale; OHW=Overhead Wires; It.=Property Line; P=Piat; PC=Point of Curvature; PCC=Point of Compound Curvature; PCP= Permanent Control Point; POB=Point of Beginning; POC=Point of Commencement; PRC=Point of Reverse Curvature; PRM=Permanent Reference Monument; PT =Point of Tangency; PU&D=Public Utilitiy and Drainage; R=Radius; RjW=Right-of-Way; S=South; S'L Y=Southerly; T=Tangent; TEL=Telephone Splice or Switch Box; W=West; W'L Y=Westerly; UTIL=Utility(ies); Y=Spot Elevation based on indicated Datum. BOUNDARY SURVEY PREPARED FOR GEORGE GOODBREAD OESCR/P T/ON: LOT 10, BLOCK 46, FIRST ADDITION TO SOUTH OKEECHOBEE, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK " PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 3.00 FEET THEREOF. PROJECT SPEC/F/CNOTES/LEGENO: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLA T(P) AND MEASURED(M). 2) PARCEL 10: 3-28-37-35-0050-00460-0100. 3) F.I.R.M. ZONE: ZONE UNDETERMINED, PARCEL LIES WITHIN THE OKEECHOBEE CITY LIMITS. 4) THIS SURVEY IS NOT INTENDED TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 5) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 6) DA TE OF LAST FIELD SURVEY: 01/05/06. ... Ir t 35.0' - - ~ 8i '( kl ii:' Ci:' l5 ~ ~ ~~ l'S ~ ,'" 2. i;l '<C~ c::i" I"" lr),~ ~ I~ I ~ l'S 6l ~@~u(J={] o 15 30 1""1""1".,1,.,.1.".1.,,,1,,.,1,.,.1 SCALE IN FEET MAP SCALE: 1 INCH '" 30 FEET I N 89"58'25" Ex 142,38'(C) 142,50'(P) FENCE CORNER 5.4' S. ~ FOUNO 3/4" IRON PIPE (NO 1.0.) IN CONCRUc 0.2' S WOOD FENCE x Ci:' L...J~ C) k~~ .!ti.l!) . ~ __ ~. LOT of. " J (.:,'. BL()Q( of.6 2t;- V) 0)' E\ . oil:: .'1- ~ ~ FENCE CORNER 5.8' S SET 5/8' IRON ROD & CAP "KA8 LS 4820' LOT 1 8L()Q( 1 "ROYAL OAK ADOIT1ON" (P.D. " pr;. 8) (BEARING SASe) S 89"57'53" W 142. 39 '(C) 142.50' P STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands ~hown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820, There are no visible above ground encroachments except as shown. No attempt was made to locate underground improvements and/or encroachments (if any) as part of this survey. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C,) pursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: GEORGE A. GOODBREAD GRASS 15.0'- SHeLL LOT 8 8L DC/( / 'ROYAL OAK ADOIT1ON' (P.8./, pr;. 8) 1r DESCRIPTION BOUNDARY SURVEY DWG. DATE 01/11/06 BY WC CK KAB DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENT A TIVE BEARING REFERENCE: THE S. LINE OF LOT 10 IS TAKEN TO BEAR S 89.57'53" W FB/PG: FILE: 171/57-64 19769 SCALE: 1" = 30' JOB NO: 19769 TRADEWINDS PROFESSIONAL SURVEYORS AND MAPPERS 200 S.W. 3rd Avenue Okeechobee, FL 34974 Tel: (863) 763-2887 _6~.tAi, A- ~v4t ~;J Kenneth A. Breaux, Jr. (PSM 4820) Certificate of AuthOrIZatIOn No INC. LEGEND @-Set Iron Rod antJ Cop -TWPS 6719 .-Found CM .-Found Iron Rod (and Cap) @ -Found Pipe (and Cap) ABBREVIA TIONS f!.;Baseline; BM;Benchmark; tt=Centerline; C=Calculated; CATV=Coble TV; CM= Concrete Monument; CONC=Concrete; D=Deed; 6;Delto or Central Angle; E=East; E'L Y;Eosterly; E/P=Edge of Pavement; ESMT=Eosement; F.I.R.M.=Flood Insuronce Rote Mop; FND;Found; IP=lron Pipe; IR&(C);lron Rod (and 10 Cap); L=(Arc) Length; M=Meosured; MH=Manhole; N=North; N'L Y=Northerly; NGV(O)=Notional Geodetic Vertical (Datum) of 1929; NTS=Not to Scole; OHW=Overheod Wires; I(=Property Line; P=Plat; PC=Point of Curvoture; PCC=Point of Compound Curvature; PCP= Permanent Control Point; POB=Point of Beginning; POC=Point of Commencement; PRC=Point of Reverse Curvature; PRM=Permanent Reference Monument. PT=Point of Tangency: PU&D=Public Utilitiy and Drainage; R=Radius; R/W=Right-of-Way; S~South; S L Y;Southerly; T;Tangent; TEL=Telephone Splice or Switch Box; W=West; W L Y=Westerly; UTIL=Utility(ies); ~=Spot Elevation based on indicated Datum. LB 6719 J BOUNDARY SURVEY PREPARED FOR GEORGE GOODBREAD DESCRIP T/ON: LOTS 7 AND 8, BLOCK 1, ROYAL OAK ADDlnON, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 1, PA GE 8, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PROJECT SPECIFIC NOTES/LEGEND: 1) UNLESS SHOWN OTHERWISE. ALL DIMENSIONS ARE PLA T(P) AND MEASURED(M). 2) PARCEL ID: 3-28-37-35-0060-00010-0070. 3) F.I.R.M. ZONE: ZONE UNDETERMINED, PARCEL LIES WITHIN THE OKEECHOBEE CI TY LlMI TS. 4) THIS SURVEY IS NOT INTENDED TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 5) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDlnONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PAR TY OR PAR TIES. 6) DA TE OF LAST FIELD SURVEY: 01/05/06. ~@~lr[}={] o 15 30 tllllllllllllllllllillllllltllllllllllll SCALE IN FEET MAP SCALE: 1 INCH = 30 FEET LOT 10 BLOCK 46 'ARST ADDITION ro SOUTH OK<<CH08<<' (P.B. I. PC. 17) LOT 4 BLOCK 46 'ARST ADDITION ro SOUTH OK<<CH08<<" (P.B. I. PC. 17) SHn~ LOT 8 BL OCK 1 ~ ~ ~ b SET 5/8" IRON ROO J< CAP "KAB LS 4820" N 89"57'53" E ~ ~ 6l 150'-. ~~ ~I~ 1;; '<C"" ~ 6 ~ ~ ~ ~ e": Vi VJ ~ LOTI BLOCK 1 'r CRASS "G' ~ ~ oi Ol !.iJ - ~ '.~ ii:' ~ ~ ~ ~. !:) Ii) ~ TOTAL PARCEL CONTAINS :to.33 ACRES SHnL '- -.J ~ ill "< ~ l';I 6l SET 5/8" IRON ROO &:- CAP "KAB LS 4820" SET 5/8" IRON ROO &:- CAP "KAB LS 4820" "G' ~. ~ l:::l ~ ~ Ol ~ !.iJ b I LOT 7 BLOCK 1 LOT 2 BLOCK 1 (BEARING BASE) ~ S 89"5648 W 142.40 I-- 35.0' - - LOT 8 BLOCK 1 LOT 1 BLOCK 1 STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was made to lacate underground improvements and/or encroachments (if any) as part of this survey, This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61 G17-6. F.A.C.) pursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: DESCRIPTION BOUNDARY SURVEY DWG. DATE 01/11/06 BY WC CK KAB GEORGE A. GOODBREAD DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE BEARING REFERENCE: THE S. LINE OF LOT 7 IS TAKEN TO BEAR SS 89'56'48" W FB/PG: FILE: 171/57-64 19768 SCALE: 1" = 30' JOB NO: 19768 'I.. LB 6719 LEGEND @-Set Iron Rod and Cop TWPS 6719 .-Found CM .-Found Iron Rod (and Cap) @ -Found Pipe (ond Cap) ABBREVIA TIONS It=Baseline; BM=Benchmark; Il=Centerline; C=Calculated; CATV=Cable TV; CM= Concrete Manument; CONC=Concrete; D=Deed; 6=Delta or Central Angle; E=East; E'L Y=Easterly; E/P=Edge of Pavement; ESMT=Easement; F.I.R.M.=Flood Insurance Rate Map; FND=Found; IP=lron Pipe; IR&(C)=lron Rod (and ID Cap); L=(Arc) Length; M=Measured; MH=Manhale; N=North; N'L Y=Nartherly; NGV(D)=Natianal Geodetic Vertical (Datum) of 1929; NTS=Not to Scale; OHW=Overhead Wires; I(=Property Line; P=Plat; PC=Point of Curvature; PCC=Point of Compound Cuevature; PCP= Permanent Contral Paint; POB=Point of Beginning; POC=Paint of Commencement; PRC=Paint of Reverse Curvature; PRM=Peemanent Reference Monument; PT=Paint of Tangency; PU&O=Public Utilitiy ond Orainage; R=Radius; R/W=Right-af-Way; S=Sauth; S'L Y=Southeriy; T=Tangent; TEL=Telephone Splice or Switch Box; W=West; W'L Y=Westerly; UTIL=Utiiity(ies); ~=Spat Elevation based an indicated Datum. TRADEWINDS PROFESSIONAL SURVEYORS AND MAPPERS 200 S.W. 3rd Avenue Okeechobee, FL 34974 Tel: (863) 763-2887 -:14A/V1V).(.,+h 4. b~ct..~ ~ Kenneth A. Breaux, Jr. (PSM 4820) Certificate of AuthOrIZatIOn No INC. . I BOUNDARY SURVEY PREPARED FOR GEORGE GOODBREAD DESCRIP TlON: LOT 7; BLOCK 46, FIRST ADDlnON TO SOUTH OKEECHOBEE, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK " PAGE 17; PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 3.00 FEET THEREOF. PROJECT SPECIFIC NOTES/LEGEND: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLA T(P) AND MEASURED(M). 2) PARCEL ID: 3-28-37-35-0050-00460-0070. 3) F.I.R.M. ZONE: ZONE UNDETERMINED, PARCEL LIES WITHIN THE OKEECHOBEE CITY LIMITS. 4) THIS SURVEY IS NOT INTENDED TO DEPICT JURISDIcnONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 5) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDlnONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARnES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 6) DA TE OF LAST FIELD SURVEY: 01/05/06. 7) WPP = WOOD POWER POLE. I ~@~u[}={] o 15 30 1""1""1"..1,..,1...,1,.,.1,,,.1.,,.1 SCALE IN FEET MAP SCALE: 1 INCH - 30 FEET ~ '- ~ ~\ I q.~~::5 ~ ~~ ~ ~ '<(I"" ~ ~ ~ ~ ~Ij · "f- DH\I \ DH\I ~ DH\I DH\I DH"'-.- DH'" DH\I DH\I DH\I DH\I DH\I- EOCE OF ASPHAL T _ _...c.._ S. W. .lIST STREET - iT r. (ASPIiALI ..0AD) 40' R/W{~~) I I .CO> . cs-C) " "i FOUND 5/8" " IRON ROD (NO W)?1- _ 142.36'(C) 142.50'(P) 1 _ """'Or T 1-- - /50' 142.36'(C) 142.50'(P \ SET 5/8" IRON ROD oJ: Q:' CAP "KAB LS 4820" l.u ~ Q:- ~ ~ ~ liJ~ -;:-:.. Cl:l....: . C> '-J ~'-' l>:Jc::; ~1nl()El ~It) 0) h(S~ t'i~ Ici ~~it lS~ "I- ~'in:~ lJ)~ 0) ;! v, C/)o; "'" "I- STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability Is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was made to locate underground improvements and/or encroachments (if any) as port of this survey. This survey was prepared In accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.) ursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: S 89"59'58" E N TH S 89"59'58" E SET 5/8" IRON ROO oJ: CAP ''KAB LS 4820" Q:' ~~ ~ ~t c:i r-.. ~ l()~~ ~~ r-.. C.) oj 0) ~~ Ici ~~ "I- ~~ \y;~ LOT 7 BLOCK 46 :to. 15 ACRES SET 5/8" IRON ROO &- CAP "KAB LS 4820" S 89"5930 W 142.36 (BEARING' BASE) FOUND 3/4" IRON PIPE (NO 1.0.) 0"9' W. LOT 8 BLOCK 48 GEORGE A. GOODBREAD DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENT A TIVE BEARING REFERENCE: THE S. LINE OF LOT 7 IS TAKEN TO BEAR S 89.59'30" W TRADEWINDS PROFESSIONAL SERVICES, SURVEYORS AND MAPPERS 200 S.W. 3rd Avenue Okeechobee, FL 34974 Tel: (863) 763-2887 -h-tJ44 -t,+Lt ~ D..- Kenneth A. Breaux, Jr. (PSM 4820) INC. LB 671 9 Lor, BLOCK 48 FOUND 5/8" IRON ROD (NO 1.0.) 0.2" w. LOT 2 BLOCK 48 DESCRIPTION BOUNDARY SURVEY DWG. DATE 01 /11 /06 BY WC CK KAB FB /PG: FILE: 171/57-64 19770 SCALE: 1" = 30' JOB NO: 19770 LEGEND @-Set Iron Rod and Cap TWPS 6719 .-Found CM .-Found Iron Rbd (and Cap) @ -Found Pipe (and Cap) ABBREVIA TIONS ti=Baseline; BM=Benchmark; <t=Centerline; C=Calculated; CA TV=Cable TV; CM= Concrete Monument; CONC=Concrete; D=Deed; 6=Delta or Central Angle; E=East; E'L Y=Easterly; E/P=Edge of Pavement; ESMT=Easement; F.I.R.M.=Flood Insurance Rote Map; FND=Found; IP=lron Pipe; IR&(C)=lron Rod (and ID Cap); L=(Arc) Length; M=Measured; MH=Manhale; N=Narth; N'L Y=Northerly; NGV(D)=National Geodetic Vertical (Dotum) of 1929; NTS=Not to Scale; OHW=Overhead Wires; I[=Property Line; P=Plat; PC=Paint of Curvature; PCC=Point of Compound Curvature; PCP= Permanent Control Point; POB=Point of Beginning; POC=Paint of Commencement; PRC=Pa;nt of Reverse Curvature; PRM=Permonent Reference Monument; PT=Point of Tangency; PU&D=Public Utilitiy and Drainage; R=Radius; R/W=Right-af-Way; S=South; S L Y=Southerly; T=Tongent; TEL=Telephone Splice or SWitch Box, W=West; W'L Y=Westerly; UTIL=Utility(ies); ~=Spot Elevation based an indicated Datum. ." ~ 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 & ManageInent Services, Inc. Staff Report Rezoning Request Prepared for: Applicant: From: To: Petition No. City of Okeechobee Brad Goodbread RSF-l CRV 06-014-R Staff Report Rezoning Request Applicant: Brad Goodbread Petition No. 06-014-R General Information Applicant Phone Number: , 12575' Highwa Okeechobee, 863-634-2121, FAX: 863-467-2900 Future Land Use Map Classification Commercial None Use of Property Vacant/Mobile Home Commercial 1..118 Legal Description: Parcell: Lot 10, Block 46, FIRST ADDITION TO SOUTH OKEECIIOBEE. being a subdivision in Sections 21 and 28, Township 37 South of Range 35 East, according to plat thereof recorded in Plat Book 1, Page 17, Okeechobee County, Florida, public records, less and except all sovereignty lands. Parcel2: Lots 7 and 8, Block 1, ROYAL OAK ADDITION, being a subdivision in Section 28, Township 37 South of Range 35 east, according to plat thereof recorded in Plat Book 1, Page 8, Okeechobee County, Florida, Public Records, less and except all sovereignty lands. Parcel 3: Lots 5 and 6, Block 1, ROYAL OAK ADDITION, according to the plat thereof recorded in Plat Book 1, Page 8, of the Public Records of Okeechobee County, Florida. Parcel 4: Lots 1 and 7, Block 46, FIRST ADDITION TO SOUTH OKEECHOBEE, according to the Plat thereof recorded in Plat Book 1, Page 17, Public Records of Okeechobee County, Florida, LESS AND EXCEPT THE NORTH THREE (3) FEET THEREOF. 1 Staff Report Rezoning Request Applicant: Brad Goodbread Petition No. 06-014-R Request: The applicant is requesting a rezoning for the above property from RSF-1 to CHV. The subject property is designated Commercial on the Future Land Use Map Adjacent Future Land Use Map Classifications and Zoning Districts: Zoning District: CHV Zoning District: Existing LandUse: CHV Commercial West: Future Land Use Map Classification: Zoning District: Existing Land Use: Single Family RSF- ] Residential Summary: The subject property is located in the southwest quadrant of the City on SW 2nd A venue. The subject property has a Future Land Use Map designation of Commercial and the applicant would like to rezone the property from RSF-1 to CRV. If allowed, this would rezoning will eliminate inconsistencies between the Zoning Map and the Future Land Use Map. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The applicant has stated that he has not decided on a specific use for the property at this time. He has requested this rezoning to accommodate possible commercial uses that could be proposed by potential users of the land in the future. While the Land Development Code allows several uses under the CHV Zoning District as permitted uses, the applicant will need to specify what type of use(s) is intended on the property. This can be done at the site plan review phase of development as the property is now vacant. Some of the permitted uses in the CHV Zoning District are summarized below: 2 Staff Report Rezoning Request Applicant: Brad Goodbrea6 Petition No. 06-014-R o Professionallbusiness/medical office o Retail service/store o Restaurant o Personal service o Funeral home o Hotel/motel o Nightclub 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. As stated above, the applicant has not specified which use will occupy the property. 3. The proposed use will not have an adverse effect on the public interest. The proposed CHV Zoning will not have an adverse effect on the public interest. This Zoning District is shared by properties to the North, East and South. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The CHV Zoning District would be appropriate for this location and will complement the adjacent land uses as has been stated above. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. Allowing CHV uses on the subject property will not affect property values or living conditions. In addition, it will encourage development on the surrounding vacant properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. Buffering may be required depending on the type of use to be allowed on the parcels. This will be addressed during the site plan review phase of development. 3 . Staff Report Rezoning Request Applicant: Brad Goodbread Petition No. 06-014-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Density will not be an issue as the site is planned for commercial uses. Traffic impacts will be assessed during the site plan review phase of development. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. It is most likely that development of the subject property will impact traffic circulation in the area, but as stated earlier, those impacts will be assessed prior to development. Traffic improvements will be provided by the applicant, if warranted, at the Site Plan review stage. Likewise, flooding and drainage plans will be reviewed by City staff when appropriate, but it does not appear to be an issue at this time. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions being placed on the subject property are those which are set forth in the City's Comprehensive Plan and the Land Development Code. 10. The proposed change will not constitute a Rrant of special privilege to an individual owner us contrasted with the public we/fillY By allowing the requested CHV Zoning on the subject property, it cannot be construed as granting a special privilege to the owner as contrasted with the public welfare. Allowing this request will further the City's goal of eliminating inconsistent land uses within its municipal boundaries. Recommendation Staff recommends approval of the request to allow rezoning from RSF-l to CHV permitting the applicant to develop the property with commercial uses. Submitted by: James G. LaRue, AICP Planning Consultant December 12, 2006 4 ORDINANCE No. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE F AMILyONE (RSF-l) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract ofland consisting of 1.118 acre(s) from Residential Single Family One (RSF -I) Zoning District to Heavy Commercial (CHV) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: Now THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida that: SECTION 1. LEGAL DESCRIPTION The following described land, located in the City of Okeechobee, to-wit: Parcel 1 : Lot 10, Block 46, FIRST ADDITION TO SOUTH OKEECHOBEE, being a subdivision in Sections 21 and 28, Township 37 South of Range 35 East, according to plat thereof recorded in Plat Book 1, Page 17, Okeechobee County, Florida, public records, less and except all sovereignty lands. Parcel 2: Lots 7 and 8, Block 1 , ROYAL OAK ADDITION, being a subdivision in Section 28, Township 37 South of Range 35 east, according to plat thereof recorded in Plat Book 1, Page 8, Okeechobee County, Florida, Public Records, less and except all sovereignty lands. Parcel 3: Lots 5 and 6, Block 1 , ROYAL OAK ADDITION, according to the plat thereof recorded in Plat Book 1, Page 8, of the Public Records of Okeechobee County, Florida. Parcel 4: Lots 1 and 7, Block 46, FIRST ADDITION TO SOUTH OKEECHOBEE, according to the Plat thereof recorded in Plat Book 1, Page 17, Public Records of Page 1 of3 Okeechobee County, Florida, LESS AND EXCEPT THE NORTH THREE (3) FEET THEREOF. SECTION 2. ZONING MAP AMENDMENT That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Single Family One (RSF -1) Zoning District to Heavy Commercial (CHV) Zoning District. SECTION 3. CONFLICT All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this ,2006. of James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk Page 2 of3 .' PASSED AND ADOPTED after Second and Final Public Hearing this _ day of ,2006. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 3 of 3 . . The 2006 Florida Statutes Title XI COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS Chapter 163 INTERGOVERNMEN View Entire TAL PROGRAMS ChaDter '" 163.3180 Concurrency.-- (16) It is the intent of the Legislature to provide a method by which the Impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors. The methodology used to calculate proportionate falr- share mitigation under this section shall be as provided for in subsection (12). (a) By December 1, 2006, each local government shall adopt by ordinance a methodology for assessing proportionate fair-share mitigation options. By December 1, 2005, the Department of Transportation shall develop a model transportation concurrency management ordinance with methodologies for assessing proportionate . fair-share mitigation options. (b)1. In its transportation concurrency management system, a local government shall, by December 1, 2006, Include methodologies that will be applied to calculate proportionate fair-share mitigation. A developer may choose to satisfy all transportation concurrency requirements by contributing or paying proportionate fair-share mitigation If transportation facilities or facility segments identified as mitigation for traffic impacts are specifically identified for funding in the 5-year schedule of capital improvements in the capital Improvements element of the local plan or the long-term concurrency management system or if such contributions or payments to such facilities or segments are reflected in the 5-year schedule of capital improvements in the next regularly scheduled update of the capital improvements element. Updates to the 5-year capital improvements element which reflect proportionate fair-share contributions may not be found not in compliance based on ss. 163.3164(32) and 163.3177(3) if additional contributions, payments or funding sources are reasonably anticipated during a period not to exceed 10 years to fully mitigate Impacts on the transportation facilities. 2. Proportionate fair-share mitigation shall be applied as a credit against impact fees to the extent that all or a portion of the proportionate fair-share mitigation is used to address the same capital infrastructure Improvements contemplated by the local government's impact fee ordinance. (c) Proportionate fair-share mitigation Includes, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities and may include public funds as determined by the local government. The fair market value of the proportionate fair-share mitigation shall not differ based on the form of mitigation. A local government may not require a development to pay more than its proportionate fair-share contribution regardless of the method of mitigation. (d) Nothing in this subsection shall require a local government to approve a development that is not otherwise qualified for approval pursuant to the applicable local comprehensive plan and land development regulations. (e) Mitigation for development impacts to facilities on the Strategic lntermodal System made pursuant to this subsection requires the concurrence of the Department of Transportation. ....... . .. (f) In the event the funds in an adopted 5-year capital Improvements element are insufficient to fully fund construction of a transportation improvement required by the local government's concurrency management system, a local government and a developer may still enter Into a binding proportionate-share agreement authorizing the developer to construct that amount of development on which the proportionate share is calculated if the proportionate-share amount in such agreement is sufficient to pay for one or more Improvements which will, In the opinion of the governmental entity or entities maintaining the transportation facilities, significantly benefit the impacted transportation system. The improvement or Improvements funded by the proportionate- share component must be adopted Into the 5-year capital Improvements schedule of the comprehensive plan at the next annual capital improvements element update. , (g) Except as provided In subparagraph (b)1., nothing in this section shall prohibit the Department of Community Affairs from finding other portions of the capital Improvements element amendments not in compliance as provided in this chapter. (h) The provisions of this subsection do not apply to a multiuse development of regional Impact satisfying the requirements of subsection (12). History.--s. 8, ch. 93-206; s. 12, ch. 95-341; s. 3, ch. 96-416; s. 1, ch. 97-253; s. 5, ch. 98-176; s. 4, ch. 99-378; s. 2, ch. 2002-13; s. 6,ch. 2002-296; s. 5,ch. 2005-2~0; s. 11, ch. 2005-291; s. 18, ch. 2006-1; s. 3, ch. 2006-220; s. 3, ch. 2006-252. - 1..Y!"X_ i ~ ..t -. 'a EXlIIBIT 5 DECEMBER, 2006, ORDINANCE NO. 966 AN AMENDMENT TO THE CITY OF OKEECHOBEE LAND DEVELOPMENT CODE CREATING THE CITY OF OKEECHOBEE PROPORTIONATE FAIR SHARE TRANSPORTATION ORDINANCE; CREATING ARTICLE V OF CODE BOOK CHAPTER 78 DEVELOPMENT STANDARDS; PROVIDING FOR SHORT TITLE, AUTHORITY AND APPLICABILITY; PROVIDING FOR INTENT AND PURPOSE, PROVIDING FOR DEFINITIONS; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR GENERAL REQUIREMENTS, APPLICATION PROCESS, AND DETERMINATION OF PROPORTIONATE FAIR SHARE OBLIGATION; PROVIDING FOR TRANSPORTATION FACILITIES AND IMPACT FEE CREDIT, PROVIDING FOR PROPORTIONATE FAIR SHARE AGREEMENTS; PROVIDING FOR APPROPRIATION OF FAIR SHARE REVENUES; PROVIDING FOR CONFLICTS OF LAW, SEVERABILITY, CODIFICATION, SCRIVENER'S ERRORS, INCLUSION AND CODE AND AN EFFECTIVE DATE. WHEREAS, in 2005 the Florida Legislature adopted Senate Bill 360 to require local governments to adopt Proportionate Fair Share Transportation Ordinances; and WHEREAS, City Council is required to adopt a Fair Share Transportation ordinance in order to be in compliance with Florida Statutes Chapter 163.3180; and WHEREAS, the purpose of this ordinance is to address development within the City of Okeechobee that impact a road segment where the road segment has failed to achieve transportation concerns and by having a level of service below that adopted in the City of Okeechobee Comprehensive Plan; and WHEREAS, it is the City's interest to have this ordinance in order for effective growth management. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION ONE: CITY OF OKEECHOBEE LAND DEVELOPMENT CODE CHAPTER SUBSECTION B. The City of Okeechobee Land Development Code Chapter 78, Article V, Section 201 through 210 is hereby created, as follows: ARTICLE V. PROPORTIONATE FAIR SHARE TRANSPORTATION Section 78-201. Short title, authority, applicability. A. This subchapter shall be known and may be cited as the "City of Okeechobee Proportionate Fair Share Transportation Ordinance." B. The City Council is required to adopt this subchapter in accordance with the provisions of Florida Statutes Chapter 163.3180(16). C. The provisions of this. subchapter shall apply to all developments within the City of Okeechobee that impact a road segment where the road segment has failed to achieve transportation concurrency by having a level of service below that adopted in the City of Okeechobee Comprehensive Plan. Page 1 of 7 D. This subchapter shall not apply to multi-use Developments of Regional Impacts (DRls) orto developments exempted from concurrency orto developments creating minimum impacts. Section 78-202. Intent and purpose. The purpose and intent of this subchapter is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors. Section 78-203. Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Caoitallmorovements. The outlay of capital dollars for the planning of, engineering for, acquisition of land for, and construction of roads, turn lanes, intersection improvements and signalization, but does not include maintenance. Community Investment Plan (CIP). The outlay of capital dollars for the planning of engineering for, acquisition of land for, and construction of roads, turn lanes. Develooer. Any person, corporation partnership, association, trust, estate, business trust, agency, two (2) or more persons having a joint or common interest, governmental entity, or any other entity undertaking the development of land. Fair Share Transoortation Facilities Imoact Fee or Imoact Fee. The fee required to be paid in accordance with the terms of the City of Okeechobee Fair Share Transportation Facilities Impact Fee Ordinance. Land. The earth, water, and air above, below, or on the surface, and includes any improvements or structures customarily regarded as land. Land Develooment Activity Generating Traffic. The carrying out of any building activity or the making of any material change in the use of any structure or land that attracts or produces vehicular trip(s) over and above that produced by the existing land development activity, and consequently places an additional demand on the major road network system. Level of Service. A qualitative measure that represents the collective factors of speed, travel time, traffic interruption, freedom to maneuver, safety, driving comfort and convenience, and operating costs provided by a highway facility under a particular volume condition. Levels of service vary from A-to F. "Level of service C" shall mean a roadway condition as determined and established by the Florida Department of Transportation's 2002 Quality/Level of Service Handbook. Maior Road Network System. All arterial and collector roads within the City, including proposed arterial and collector roads necessitated by new land development activity generating traffic. ' Noncommencement. The cancellation of construction activity that is proposed to make a material change in a structure or land. ' Person. An individual, developer, corporation, governmental agency, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, or any other entity. Section 78-204. Rules of construction. In the construction of this subchapter, the rules set out in this section shall be observed unless such construction is inconsistent with the manifest intent of the City Council. The rules of construction and definitions set out herein shall not be applied to any section of this subchapter which contains any express provisions excluding such construction or where the subject matter or content of such section would be inconsistent with this section. Page 2 of 7 A. Generally. All provisions, terms, phrases, and expressions contained in this subchapter shall be liberally construed in order that the true intent and meaning of the City Council may be fully carried out. Terms used in this subchapter, unless otherwise specifically provided, shall have the meanings prescribed by the Florida Statutes for the same terms. B. Text. In case of any difference of meaning or implication between the text of this subchapter and any figure, the text shall control. C. Delegation of authority. Where there is a provision requiring the head of a department or some other city officer to do some act or to perform some duty, it is to be construed to authorize that person to delegate professional level subordinates to perform the duty, unless the terms of the provision or section specify otherwise. D. Gender. Words of the masculine gender shall be construed to include the feminine and vice versa. E. Day. A calendar day. F. Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. G. Number. A word of the singular number only, may extend and be applied to several persons and things as: well as to one (1) person and thing. The use of the plural number shall be deemed to include any single person or thing. H. Shall. may. "Shall" is mandatory; "may" is permissive. L. Tense. Words used in the past tense include the future as well as the past or present J. Written or in writing. Any representation of words, letters or figures whether by printing or otherwise. K. Year. A calendar year unless a fiscal year is indicated. Section 78-205. General requirements. A. A developer may choose to satisfy the transportation concurrency requirements of the City of Okeechobee by making a proportionate fair share contribution, pursuant to the following requirements. 1 . The proposed development is consistent with the Comprehensive Plan and applicable Land Development Regulations; and 2. The City of Okeechobee's five (5) year Community Investment Program (CIP) includes a transportation capital improvement that, upon completion, will accommodate additional traffic generated by the proposed development. B. The City may choose to allow a developer to satisfy transportation concurrency requirements by making a proportionate fair share contribution by contributing to an improvement, that upon completion, will accommodate additional traffic, generated by the proposed development, but is not contained in the five (5) year CIP, where one of the following conditions apply: 1. The City adds the improvement to the five (5) year CIP no later than the next regular capital improvements update of the Comprehensive Plan, provided that the improvement is financially feasible as defined by Florida Statutes 9163.3180(16)(b)(1); or, 2. If the funds in the five (5) year CIP are insufficient to fully fund the Page 3 of 7 construction of the improvement, the City may enter into a proportionate fair share agreement with the developer authorizing construction of that amount of development on which the proportionate fair share amount is calculated if the proportionate fair share amount in such agreement is sufficient to pay for one or more improvements which will, in the opinion of the City Council, significantly benefit the impacted transportation system, provided that improvement(s) is (are) adopted into the five (5) year CIP no later than the next regular capital improvements update of the Comprehensive Plan. C. Any transportation capital improvement proposed to meet the developer's proportionate fair share obligation must meet the design standards of the City of Okeechobee for City-maintained roads and the design standards of the applicable governmental entity for all other roads. Section 78-206. Application process. A. A developer who shall commence any land development activity generating traffic which results in a failure of a road segment to achieve transportation concurrency may apply to the City for a proportionate fair share agreement. B. Prior to submitting an application for a proportionate fair share agreement, a pre- application meeting shall be held to discuss eligibility, application submittal requirements, potential mitigation options and other relevant issues. If the road segment that has failed to achieve transportation concurrency is on the Strategic Intermodal System, the Florida Department of Transportation shall be requested to participate in the pre-application meeting. C. Procedures for review of application for proportionate fair share agreement. 1. The developer shall submit an application to the City Administrator or designee that includes a non-refundable application fee of $5,000.00 and the following: a) Name, address and contact information of the developer; b) A drawing and legal description of the land; c) Phasing schedule; d) Description of the requested fair share mitigation; e) If the requested fairshare mitigation involves a road segment on the Strategic Intermodal System (SIS), evidence of concurrence from the Florida Department of Transportation. f) Traffic study performed by a licensed traffic engineer demonstrating failure of road segment to achieve transportation concurrency. 2. Within twenty (20) days of receipt of the application, the City Administrator or designee shall review the application to determine if the application is complete. If it is determined that the application is not complete, the City Administrator or designee shall send a written statement to the developer delineating the deficiencies. If such deficiencies are not remedied by the developer within thirty (30) days of receipt of the written notification, then the application shall be deemed abandoned. The City Administrator or designee, in his or her sole discretion, may grant an extension to cure such deficiencies, provided the developer has shown good cause forthe extension and has taken reasonable steps to effect a cure. 3. Once the City Administrator or designee determines the application is complete, he shall provide written notification of such to the developer and forward the application to the City Attorney who shall, within thirty (30) days, draft a proportionate fair share agreement for consideration by the City Council at a meeting no later than sixty (60) days from the date at which the developer received the notification that the application was complete. 4. No proportionate fair share agreement shall be effective until approved by the City Council. Page 4 of 7 ,'"""_"",., ",~""~,,,,,,_._,,,,,,,,,,",,,,,,,,,"",,,~_~~",,,,_,'_"___~"M""~'_,'.. .__ .' Section 78-207. Determination of proportionate fair share obligation. A. Proportionate fair share mitigation includes without limitation, separately or collectively, private funds, contributions of land and contribution of transportation facilities. B. The methodology used to calculate a developer's proportionate fair share obligation shall be as provided for pursuant to Florida Statutes 9163.3180(12), and as represented by the following formula: Where: Development Trips = Those trips from the development that are assigned to roadway segment. SV Increase = Service Volume increase provided by the improvement to roadway segment. Cost =Adjusted cost of the improvement. C. For the purposes of determining proportionate fair share obligations, improvement costs shall be based upon the actual cost of the improvement as obtained from the CIP, the Okeechobee County MPO Transportation Improvement Program, or the Florida Department of Transportation Work Program. Where such information is not available, the improvement cost shall be determined using one of the following methods: 1. An analysis by the City Administrator or designee of costs, adjusted by the Florida Department of Transportation Price Trends Index from the previous year, by cross section type that incorporates date from recent projects; or, 2. The most recent issue of Florida Department of Transportation "Transportation Costs", as adjusted based upon the type of cross section (urban or rural); locally available data from recent projects on acquisition, drainage, and utility costs; and significant changes in the cost of materials due to unforeseeable events. D. If the City has accepted an improvement project proposed by the developer, then the value of the improvement shall be determined using one of the methods provided in this Section. E. If the City has accepted right-of-way dedication for the proportionate fair share payment, credit for the dedication of the non-site related right-of-way shall be valued on the date of the dedication at one hundred and twenty percent (120%) of the most recent assessed value by the Okeechobee County Property Appraiser or, at the mutual agreement of the City and the developer, by fair market value established by an independent appraisal approved by the City and at no expense to the City. The developer shall supply a certificate of title or title search of the land to the City at no expense to the City. If the estimated value of the right-of-way dedication proposed by the developer is less than the City estimated total proportionate fair share obligation for that development, then the developer must also pay the difference. Section 78-208. Transportation facilities impact fee credit. A. Proportionate fair share mitigation shall be applied as a credit against impact fees. Credits will be given for that portion of the impact fees that would have been used to fund the improvements on which the proportionate fair share contribution is calculated. Additionally, if the proportionate fair share contribution is based on only a portion of the development's traffic, the credit will be limited to that portion of the impact fees on which the proport,ionate fair share contribution is based. B. At the time the proportionate fair share obligation is being determined, the City will also compute the transportation facilities impact fee obligation for the proposed development. If the developer's proportionate fair share obligation is less than the Page 5 of 7 development's anticipated total transportation facilities impact fee, then the developer must pay the difference to the City. Section 78-209. Proportionate fair share agreements. A. B. C. Should the developer fail to apply for a building permit within one (1) year of the date of execution of the proportionate fair share agreement, then the agreement shall be considered null and void, and the developer shall be required to reapply in accordance with the provisions of this subchapter. Payment of the proportionate fair share contribution is due in full prior to issuance of the final development order or recording of the final plat and shall be nonrefundable. If the payment is submitted more than one (1) year from the date of execution of the agreement, then the proportionate fair share cost shall be recalculated at the time of payment based on the best estimate of the construction cost of the required improvement at the time of payment, pursuant to Determination of Proportionate Fair Share Obligation, and adjusted accordingly. Developer improvements authorized under this subchapter involving dedications to the City must be completed upon final acceptance of the improvements on receipt of a warranty bond. The form of the warranty bond shall be approved by the City Attorney. D. Developer improvements authorized under this subchapter not involving dedications to City must be completed upon recording of a final plat or upon issuance of a certificate of occupancy, whichever event first occurs. E. ii i F 1 " . Any requested change to a development project subsequent to a development order will be subject to additional proportionate fair share contributions to the extent the change would generate additional traffic. A developer may submit a letter to withdraw from the proportionate fair share agreement at any time prior to the execution of the agreement. The application fee to the City will be nonrefundable. Section 78-210. Appropriation of fair share revenues. A. All proportionate fair share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the CIP, or for use as otherwise established in the terms of the proportionate full share agreement. B. In the event a scheduled transportation facility improvement is removed from the CIP, then the revenues collected for its construction shall be applied toward the construction of another improvement within the same corridor that would mitigate the impacts of development, as determined by the City Council. SECTION TWO: CONFLICTS. Whenever the requirements or provisions of this amending ordinance are in conflict with the requirements or provisions of any other lawfully adopted ordinance or statute, the most restrictive requirements shall apply. SECTION THREE: SEVERABILITY. If any part, section, subsection, or other portion of this Ordinance or any application thereof to any person or circumstance is declared void, unconstitutional or invalid for any reasons, such part, section, subsection, or other portion or the prescribed application thereof, shall be severable, and the remaining provisions of this Ordinance, and all applications thereof not having been declared void, unconstitutional or invalid, shall remain in full force and effect. The City declares that no invalid or prescribed provision or application was an inducement to the enactment of this Ordinance, and that it would have enacted this Ordinance regardless of the invalid or prescribed provision or application. Page 6 of 7 " . "fIil't SECTION FOUR: CODIFICATION, INCLUSION IN CODE AND SCRIVENER'S ERRORS. It is the intention of the City Council for the City of Okeechobee that the provisions of this ordinance shall become and be made a part of the Okeechobee City Code; and that sections of this ordinance may be renumbered or relettered and that the word "ordinance" may be changed to "section," "article, or such other appropriate word or phrase in order to accomplish such intention; and regardless of whether such inclusion in the code is accomplished, sections of this ordinance may be renumbered or re-Iettered and typographical errors which do not affect the intent may be authorized by the City Administrator, orthe City Administrator's designee, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION FIVE: EFFECTIVE DATE. The effective date of this ordinance shall be thirty (30) days from its adoption date. SECTION SIX: REVIEW BY LOCAL PLANNING AGENCY. "' The proposed ordinance amending' the City of Okeechobee Land Development Regulations was reviewed by the City of Okeechobee Planinng Board as the City's Local Planning Agency on December 19, 2006 as a duly advertised public meeting. A recommendation of approval and consistency with the Comprehensive Plan was rendered by the Board. INTRODUCED for first reading and set for final public hearing this 5th day of December, 2006. James E. Kirk, Mayor ArrEST: Lane Gamiotea, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 2nd day of January, 2007. ArrEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 7 of 7 .' - NOVEMBER 7,2006. REGULAR MEETING. PAGE 13 OF 15 6 6 5 IX. NEW BUSINESS CONTINUED. I. Motion to approve the dealership bid for the 2007 police vehicles _ Chief Davis (Exhibit 9). Council Member Williams moved to award a bid to Okeechobee Motor CompaflY for twenty.four police cars in the amount of nineteen thousand, three hundred fifty-nine dollars ($19,359.00) per car for the 2007 Police Vehicles; seconded by Council Member Chandler. The bids submitted were by Okeechobee Motor Company in the amount of nineteen thousand three fifty nine dollars ($19,359.00) per car and Ford Lincoln Mercury of Sebring in the amount of nineteen thousand seven hundred six and fifteen cents ($19,706.15) per car. There were no bids submitted by Velde Ford or Sunrise Ford. Council Member Watford stated that he would be abstaining from voting due to his employment with Okeechobee Motor Company. KIRK. YEA CHANDLER. YEA VOTE MARKHAM. YEA WATFORD' ABST AINED* WilLIAMS. YEA MOTION CARRIED. J. Motion to approve the financing bid for the 2007 police vehicles _ Chief Davis (Exhibit 10). Council Member Chandler moved to award the Financing Bid to Popular Leasing in the amount of twenty thousand dollars ($20.000.00) for the 2007 Police Vehicles; seconded by Council Member Williams The bids submitted were by Popular Leasing USA in the amount of twenty thousand ($20,000.00) per car and Sun Trust in the amount of twenty two thousand dollars ($22,000.00) per car. There were no bids submitted by Seacoast National Bank or Nations Bank Leasing Corporation. / ~,..:j ~ 1 ~'1 \ "'\\: '"' t,~"" rV.... :\ \:.lr '" '. ... ... OJ ~\ \'~ ( .("\ L V ~ Council Member Watford stated that he would be abstaining from voting due to his employment with Okeechobee Motor Company. KIRK. YEA CHANDLER. YEA VOTE MARKHAM' YEA WATFORD. ABST AINED* WilLIAMS' YEA MOTION CARRIED. K. Discussion pertaining to the billboard policy - City Attorney. Attorney Cook was not present to provide a thorough explanation to the Council regarding a request to adopt proposed Resolution No. 06-10. Council Member Watford moved to adopt proposed Resolution No. 06-10 pertaining to the billboard policv: seconded by Council Member Markham. ~UU'l1. vuui +v oSIClJt Q;v.. ~ +v 9f-+ .~ O:~ -/1.{[:;J1i up dih~) -of ~_ jt~o.vL -Iv (flu ~OUAe.:..l * ~ o..L o..cL6pf;m0. " I -fvr YUWl K;COAd. I 10 - 6.~6 NOVEMBER 7,2006 . REGULAR MEETING - PAGE 14 OF 15 IX. NEW BUSINESS CONTINUED. K. Discussion pertaining to the billboard policy continued. Mayor Kirk read by title only proposed Resolution No. 06-10 as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, TEMPORARIL Y SUSPENDING THE APPLICATION OF SECTION 90-561, DIVISION 5, SIGNS, AS IT PERTAINS TO THE PERMITTING AND ERECTION OF SIGNS DEEMED TO BE BILLBOARD SIGNS; PROVIDING FOR TIME CERTAIN AMENDMENT OF THE CITY'S SIGN ORDINANCE; PROVIDING FOR ENACTMENT OF DEFINITIVE STANDARDS FOR THE PLACEMENT, DESIGN AND ERECTION OF SUCH SIGNS; PROVIDING AN EFFECTIVE DATE." KIRK. YEA CHANDLER - YEA VOTE MARKHAM - YEA WATFORD- YEA WILLIAMS. YEA MOTION CARRIED. ITEM ADDED TO AGENDA: L. Discuss the Teen Center/Skateboard Park Mayor Kirk. Mayor Kirk informed the Council that the County plans to build administrative offices where the skate board park is currently located and where a teen center was proposed to be built. In December of 2003 the City adopted Ordinance No. 847 to close a portion of Northwest 3rd Street between 61h and th Avenues and alleyways located in Blocks 128 and 135 for future and existing recreational facilities. The Council continues to support the Skateboard Park and Teen Center Within these blocks. The con census of the Council was to have Administrator Whitehall compose a letter to be sent to the County Commissioners regardina the Councils concerns and present it to the Mayor for approval and signature. ITEM ADDED TO AGENDA: M. Motion to approve a Temporary Street Closing for Northwest 3rd Avenue between 2nd and 3rt! Streets for safety and traffic controls during the Election, beginning at 6:30 p.m. until necessary, requesting this be a standard approval for all primary, general and special elections. Council Member Markham moved to approve a Temporary Street Closing for Northwest 3rt! Avenue between 2nd and 3rd Streets for safety and traffic controls during all primary, general and special elections and that the Police Department will coordinate the street closings; seconded by Council Member Chandler. KIRK - YEA CHANDLER' YEA VOTE MARKHAM - YEA WATFORD- YEA WILLIAMS. YEA MOTION CARRIED. RESOLUTION NO. 06-10 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, TEMPORARILY SUSPENDING THE APPLICATION OF SECTION 90-561, DIVISION 5, SIGNS, AS IT PERTAINS TO THE PERMlnlNG AND ERECTION OF SIGNS DEEMED TO BE BILLBOARD SIGNS; PROVIDING FOR TIME CERTAIN AMENDMENT OF THE CITY'S SIGN ORDINANCE; PROVIDING FOR ENACTMENT OF DEFINITIVE STANDARDS FOR THE PLACEMENT, DESIGN AND ERECTION OF SUCH SIGNS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 90-561 et.seq, of Division 5, the Sign Ordinance for the City of Okeechobee, Florida does not address the design, placement and construction of billboards within the City; and WHEREAS, such signs are typically construction in a manner that may encroach into neighboring property; be intrusive; be highly visible; be a distraction to traffic; and unsightly to residential areas; and WHEREAS, the City has a legitimate interest in the aesthetics, location, size, placement, design and construction of billboard signs, but not initiating a ban on such signs that would meet reasonable City codes; and WHEREAS, due to the time necessary to study the issue; to arrive at a consensus on new regulations; and to enact the necessary Ordinance, that in the interim it is in the best interests of the City and its citizens to impose a moratorium on permitting billboard signs; NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. THAT from and after the date of adoption of this Resolution, the Department of General Services and Building Official for the City of Okeechobee shall not accept, review or approve any permit to any person or entity for the placement and erection of a billboard sign within the City. SECTION 2. THAT other permissible signs may be approved by the City in the interim, but no sign shall, in any Zoning District, until further amendment of the Sign Ordinance, exceed 100 square feet in display, nor exceed a total height of 20 feet. SECTION 3. THAT the office of the City Attorney and Staff are directed to study the issue of billboard sign and construction, and draft a proposed Ordinance clearly setting forth acceptable standards for approval of such signs within the City. Page 1 of 2 SECTION 4. THAT this Resolution shall remain in effect until further modification or approval of the Ordinance amending the Sign Ordinance, or until March 1,2007, whichever first occurs. INTRODUCED AND ADOPTED in regular session this 7th day of November. 2006. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 existing or proposed utility pole, guy wire, pad- mounted electrical transformer, or other utility transmission/collection structure equipment. (c) Palm trees with a maximum mature height great enough to interfere With overhead utility lines shall not be planted below overhead lines, and shall be located a minimum of 21/2 feet, plus the average mature frond length, outside of any utility right-of-way. The public works depart- ment, together with the Florida Power and Light Company, shall maintain a list of trees typically found in the South-Central Florida area that at mature growth heights could reasonably be ex- pected to interfere with overhead utility lines. (d) Vines shall be a minimum of 30 inches in height at planting, and may be used in conjunc- tion with fences, screens, or walls to meet or create physical barriers. No vine, however, shall be planted or permitted to grow within utility easements or within five feet of any existing or proposed utility pole, guy wire or pad-mounted transformer. (LDR 1998, ~ 515) Sees. 90-544-90-560. Reserved. DIVISION 5. SIGNS Sec. 90-561. Compliance with division pro- visions. Except as provided in this division, every sign erected on land, attached to a building, wall, fence, pole, tree or shrub, constructed, moved, replaced or substantially altered shall comply with the regulation of this division. Maintenance, repainting and changing copy shall not be consid- ered a substantial alteration. (LDR 1998, ~ 550; Ord. No. 923, ~ 1, 1-3-2006) Sec. 90-562. Permit and plan required. Except as provided in this division, no sign shall be erected or substantially altered until a permit has been issued. Sign design, construction and location plans shall be submitted with a permit application. (LDR 1998, ~ 551) ZONING ~ 90-564 Sec. 90-563. Prohibited signs. The following signs are not permitted in any district: (1) Signs which due to their design, location, size, shape, color, lighting, movement or wording may impair public safety, includ- ing signs which conflict with a traffic signal or government agency sign; ob- struct or impair the vision of the public traveling on or entering a street, or in the street intersection vision triangle; inter- fere with the use of a emergency exit or are attached to a fire hydrant. (2) Snipe sign and temporary off-premises sign providing direction to or advertising a sale. (3) Sign erected in a public street or alley right-of-way, unless placed there by a gov- ernment agency. (4) Sign on a private utility, unless placed there by the utility. (5) Sign attached to a tree or utility pole. (6) Sign that is obscene, indecent or immoral. (7) Sign which emits glare, sound, vapor, or odor. (8) Sign that causes unreasonable interfer- ence with radio, television or communica- tion signals. (9) String of light bulbs on commercial or industrial property, excluding holiday dec- orations. (10) Moving or flashing sign, unless necessary for public safety. (11) Portable sign, except those permitted with ~ a ~pecia1 use or by a temporary use per- ~ mlt. (LDR 1998, ~ 552) Sec. 90-564. Signs not requiring permit. The following signs may be erected without a permit, subject to the regulations of this division: (1) Signs in any location which do not require a permit. Signs in any location which do not require a permit are as follows: a. Signs erected by a government or public agency for public safety, wel- fare or information. Supp. No.3 2 CD90:39 *" (I d..) S IbNS DzLMcD 10 d> t3~. "i3\LLtD~.,eDS ~ 90-564 OKEECHOBEE CODE b. Signs to indicate danger, hazard or emergency to the public. (2) Signs on premises which do rwt require a permit. Signs on premises which do not require a permit are as follows: a. Signs inside a building. b. Residence identification or mailbox sign, not exceeding two square feet. c. Professional name plate, not exceed- ing three square feet. d. Occupational sign denoting the name, street, number, and business of the occupant in a commercial building, not exceeding three square feet. e. Directory sign, identifying the loca- tion of business occupants, not ex- ceeding one square foot per business identified. f. Identification sign and bulletin board for public or nonprofit institution, not exceeding 12 square feet. g. Signs on private property directing traffic, relating to private parking, or warning against danger from an- imals or against trespassing, each not exceeding four square feet. h. Memorial or commemorative sign, or building name and date of erection, when cut into masonry or a metal plate, not exceeding eight square feet. 1. N on structural, on-site sign consist- ing ofletters or decoration applied to an awning, canopy or window, not exceeding a total of ten square feet per business. J. Sign incorporated into machinery or equipment by the manufacturer which identifies the equipment or product dispensed by the machine. k. Subdivision name sign at subdivi- sion entrance, containing no promo- tional material, not exceeding 20 square feet. Supp. No.3 (3) Temporary signs on premises which do not require a permit. Temporary signs on pre- mises which do not require a permit are as follows: a. National, state institutional and en- trepreneurial flags. b. Decorative flags and bunting for cel- ebration or commemoration of public significance, when authorized by the city. c. National holiday and religious dis- plays, each not exceeding four weeks in a year. d. Temporary "for sale" or "for rent" sign on residential property, not ex- ceeding four square feet. e. Temporary construction project signs, identifying professionals and contrac- tors engaged in the work, not exceed- ing 20 square feet, which shall be removed upon completion of construc- tion. f. Temporary election signs identifying candidates and their message, not exceeding 200 square feet, which shall be removed within ten days after the election. (LDR 1998, ~~ 555-558) Sec. 90-565. Computing sign area. (a) Generally. The following regulations shall apply to all signs: (1) Surface sign area. When computing the area of a sign, it shall include all the entire area within the periphery of a geometric form comprising the display area of the sign. (2) Permissible sign area. When computing the total permissible sign area for any use, existing signs shall be included, and the total area of all signs shall not exceed the regulations of this division. (3) Back-to-back signs. Where two sign faces are placed back-to-back and are at no point more than three feet apart, the surface area of one side is counted. CD90:40 (b) Sign safety. The following regulations shall apply to all signs: (1) Every sign shall be designed and located in such a manner as to not impair public safety or welfare, not restrict clear vision between a pedestrian walk and a vehicu- lar driveway, and not prevent access to any door, window or fire escape. (2) Signs on comer lots located within the visibility triangle shall be: a. Either placed behind the required front yard setback lines; or b. The bottom of the sign shall be at least ten feet above, or the twp of the sign shall be less than two feet, six inches above the crown of the adja- cent road. (3) Signs attached to a building may project not more than five feet over a sidewalk or pedestrian way and shall provide at least eight feet clearance above the walk. (4) Where nonresidential property directly abuts a residential zoning district, signs visible from that property shall not be illuminated between 10:00 p.m. and 6:00 a.m. (c) Sign maintenance. Every sign and its sup- porting structure shall be either maintained in a safe condition and neat appearance or be com- pletely removed. Illuminated signs shall be main- tained in full working order. Painted and plastic signs shall be kept in good condition. Landscaping around ground signs shall be kept in healthy growing condition and free from debris. (d) Removal of sign. Signs which are a hazard to traffic or public safety, or which encroach upon a public right-of-way, shall be removed within three days of issuance by the city of a notice to remove such sign, or the city shall remove the sign at the owner's expense and without notice. (LDR 1998, ~ 560) Supp. No.3 ZONING ~ 90-566 Sec. 90-566. Signs in single-family and mul- tiple-family residential districts. (a) Generally. The following regulations shall apply to signs in single-family and multiple- family residential districts: (1) On a lot containing a permitted nonresi- dential use, other than an accessory use, one identification wall sign not exceeding 12 square feet and one bulletin, wall or ground sign not exceeding 20 square feet for each street frontage and, if freestand- ing, ten feet in height. (2) On a subdivision of at least four acres, one nonilluminated ground advertising sign on each street frontage. Each sign shall not exceed 100 square feet, provided that such signs shall be removed when 95 percent of the individual lots or houses have been sold. (3) Home occupation may have one nonil- luminated sign, not exceeding one square foot, mounted flat against the principal building. (4) No ground sign shall be located within 25 feet of an adjacent residential property line. (5) No portable sign shall be permitted. (b) Signs in multiple-family residential dis- tricts. The following additional regulations shall apply to signs in multiple-family residential dis- tricts: (1) On a lot containing multiple residential dwellings, one identification wall sign not exceeding 32 square feet. (2) On a lot containing rented multiple resi- dential dwellings, one identification ground sign not exceeding 20 square feet and ten feet in height. (3) Boardinghouse, day care center, one nonil- luminated sign not exceeding eight square feet and, if freestanding, ten feet in height. CD90:41 ~ 90-566 OKEECHOBEE CODE (c) Signs in mobile home parks or mobile home districts. The following regulations shall apply to signs in mobile home parks or mobile home dis- tricts: (1) Mobile home park, one ground sign on each street frontage, not exceeding 24 square feet and 12 feet in height. (2) Mobile home subdivision, identification sign at each entrance, provided that each sign shall contain the subdivision name only and not exceed 100 square feet. (3) Mobile home subdivision, one nonil- luminated ground advertising sign on each street frontage, each sign shall not exceed 100 square feet and provided that such signs shall be removed when 95 percent of the lots have been sold. (LDR 1998, ~~ 570-572) Sec. 90-567. Signs in professional and office districts. The following regulations shall apply to signs in professional and office zoning districts: (1) Total area of all signs for an enterprise shall not exceed one square foot for each linear foot of property on a frontage street, plus one square foot for each two linear feet ofprop~ on side streets, NOr to ~')\c:eecR.. n (2) ~~:J~J~ ar~p~~'"Jf{~~;.it;~ /:;t/.8 services on the premises, so long as there U. exist one business establishment and struc- ture on the lot. (3) One ground sign is permitted in the front yard, and shall not exceed 50 square feet in sign area, 20 feet in height, nor be closer than 25 feet to a residential dis- trict. (4) These additional signs are prohibited: off- premises, portable, and wind signs. (LDR 1998, ~ 573) Sec. 90-568. Signs in commercial and indus- trial districts. The following regulations shall apply to signs in commercial, central business and industrial zoning districts: (1) Total area of all signs for an enterprise shall not exceed 11/2 square feet for each Supp. No.3 CD90:42 (2) linear foot of property on a frontage street, plus one squ~e foot for eac~ liIlear foot ot ~ ",JlEj-L-.~ property on SIde streets tvC I ~"1i:.V-d. In tlJ.L r--' ~,~ JJ1-u.4 c<-~;] ~ OJ "KO fur BUilding and wall signs, and one ground sign are permitted to advertise services, and the sale or manufacture of products on the premises, so long as there exist one business establishment and structure on the lot. (3) One ground sign is permitted in the front yard, and shall not exceed -8&- feet in :)..0 height, nor be closer than 25 feet to a residential district. (4) That murals may be permitted by the city under the guidelines and supervision of Okeechobee Main Street Inc., which is a voluntary program, and which shall be created solely to promote historical and cultural scenes unique to the Lake Okeechobee area. Such guidelines are set out in appendix F to these regulations. (5) That murals may be permitted by the city on commercial, central business district, or industrial structures within the city, that promote a commercial message, sub- ject to the following: a. That such murals shall be subject to sections 90-561; 90-562; 90-563; and 90-565 of this division. b. That the total area of the mural shall not exceed 100 square feet. c. That the mural shall not contain any picture, or representation, or mes- sage that the city considers obscene, indecent or immoral, or contains a representation that would be consid- ered offensive to the values or sensi- bilities of the community, by virtue of the fact such representation is gratuitous and does not contain a commercial message. d. That the mural is not in such prox- imity to the roads and rights-of-way in the city, or displayed in a manner, that would unreasonably distract the operators of motor vehicles, or raise public safety concerns. (LDR 1998, ~ 574; Ord. No. 917, ~ 1, 11-1-2005) Sec. 90-569. Signs in public use districts. The following regulations shall apply to signs in public use districts: Only signs erected by a governmental agency shall be permitted. (LDR 1998, ~ 575) Sec. 90-570. Signs for uses permitted by spe- cial exception use petition. The following regulations apply to signs for uses permitted by special exception use petition: Signs shall conform to conditions imposed at the time of approval and to the zoning district regu- lations, whichever are more stringent. (LDR 1998, ~ 576) Sec. 90-571. Signs requiring temporary use permit. Temporary signs may be permitted after issu- ance of a temporary use permit by the city, accord- ing to the following regulations: (1) A permit for temporary signs may be issued for a business opening or special event; such sign shall: a. Conform with city building codes. b. Not be counted as part ofthe perma- nent sign allocation. c. Be permitted for not more than seven days in any six months' period. d. Be removed within two days after culmination of the event. e. Not be erected on property without written authorization of the owner or resident. (2) Maximum permissible temporary signage shall be as follows: a. Number of signs: two b. Thtal sign face area: 50 square feet c. Height: eight feet (LDR 1998, ~ 577) Supp. No.3 ZONING ~ 90-572 Sec. 90-572. Off-premises signs. The following additional regulations shall ap- ply to off-premises signs: (1) Off-premises signs shall be calculated as part of the total signage allocation for the property on which it is located. (2) No off-premises sign shall be erected on property without the written authoriza- tion of the owner or resident thereof. No off-premises sign shall be located within 300 feet of a residential district, railroad crossing, public school, public park or recreation area, house or worship, or cem- etery, measured along the common right- of-way line. Except for directional signs, off-premises sign shall not be closer than 15 feet to a street property line, except where the building is nearer in which case the sign may be as close as the building. No off-premises ground sign may exceed .ge- feet in height or ge. feet above the:k) crown of the adjacent road, whichever is lower. ICO No off-premises sign may exceed 400-square feet per side, with a minimum dimension of not less than 15 feet. (7) No off-premises sign shall be located closer than 200 feet to another off-premises sign which is fronting on the same street, except that two signs may be grouped back-to-back as a single connected V-type structure having an included angle of not more than 60 degrees. (8) No off-premises sign shall be located closer than 1,000 feet along the same street to another sign advertising the same estab- lishment, product, service or location. (9) An off-premises directional sign, not ex- ceeding 50 square feet, may be erected in all zoning districts, except residential dis- tricts, provided that no such sign is erected within 100 feet of a similar sign or within 600 feet along the street of a sign for the same establishment. (LDR 1998, ~ 578)n (3) (4) (5) 6n (6) CD90:43 ~ 90-573 OKEECHOBEE CODE Sec. 90-573. Murals. (a) Murals shall be permitted on commercial, central business district or industrial structures within the city. Murals which depict historical and cultural scenes, and which contain no com- mercial messages, shall be developed in conjunc- tion with, and under the guidance and supervi- sion of, Okeechobee Main Street Inc. and shall be governed by the provisions of appendix F and are not subject to this division. (b) For purposes of this section, "murals" shall be defined as painted art forms on walls or similar building areas devoid of commercial messages. (c) Art forms on walls or other external build- ing areas which are not considered murals due to their commercial content, are permitted in the City of Okeechobee, but shall be considered signs and the provisions of appendix F shall not apply. These signs shall be subject to sections 90-561, 90-562, 90-563 and 90-565 and the following: (1) The total area of signs subject to this section shall not exceed 100 square feet; and (2) No sign subject to this section may con- tain any picture, representation on mes- sage that the city considers obscene, inde- cent or immoral, or may contain a picture, representation or message that would be considered offensive to the values or sen- sibilities of the community, by virtue of the fact that such picture, representation or message is gratuitous and does not enhance the historical, cultural or com- mercial intent of the mural; and (3) No sign subject to this section may be in such proximity to the road or right-of-way of the city, or displayed in such a manner, that it would unreasonably distract the operators of motor vehicles, or raise pub- lic safety concerns. (Ord. No. 923, ~ 1, 1-3-2006) Sees. 90-574-90-600. Reserved. Supp. No.3 DIVISION 6. COMMUNICATION TOWERS AND COMMUNICATION ANTENNAS* Sec. 90-601. Applicability of division provi- sions. (a) All new communication towers and commu- nication antennas, excluding replacement anten- nas to preexisting towers or to other preexisting nontower antenna placements in the city shall be subject to the regulations of this division and all other applicable regulations. For purposes of mea- surement, communication tower setbacks and sep- aration distances as listed in section 90-603 shall be calculated and applied irrespective of munici- pal and county jurisdiction boundaries. (b) All communication towers legally existing or which have received land use or building per- mit approval by the city on the effective date of the ordinance from which this division is derived shall be considered permitted uses, and shall be allowed to continue their usage as they presently exist, including routine maintenance, such as the replacement of antennas which do not involve an increase in the number of providers or a substan- tial increase in tower load due to construction on an existing communication tower. However, any other construction including, but not limited to, structural modifications, shall comply with the requirements of this division, with the exception of separation distances. (c) All government towers with public safety systems or other communications equipment shall be exempt from the requirements of this section. (d) All new communication antennas which are not attached to communication towers shall comply with section 90-604. (LDR 1998, ~ 580) Sec. 90-602. Permitted uses. (a) Any communication antenna which is not attached to a freestanding communication tower shall be a permitted ancillary use to any commer- cial, industrial, office, institution, or public utility structure. "Cross reference-Utilities, ch. 58. CD90:44