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2020-11-05 Ex 01Ordinance No. 1220 Page 1 of 3 ORDINANCE NO. 1220 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING A PORTION OF SOUTHWEST 4TH STREET (f/k/a FIFTH AVENUE) AND A PORTION OF SOUTHWEST 5TH STREET (f/k/a FOURTH STREET) MORE PARTICULARLY DESCRIBED HEREIN, LYING WITHIN THE CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA (PETITION NO. 20-002-SC); RESERVING UNTO THE CITY, ITS SUCCESSORS AND ASSIGNS A NON- EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee General Services Department received Abandonment of Right-of-Way Petition No. 20-002-SC submitted by Loumax Development, Inc., for the closing of certain Rights-of-Way as described in this Ordinance; and WHEREAS, the City of Okeechobee Technical Review Committee reviewed and discussed Petition No. 20-002-SC at a duly advertised public meeting held on September 17, 2020, and recommended approval with conditions as described in this Ordinance; and WHEREAS, Petition No. 20-002-SC was reviewed and discussed by the City of Okeechobee Planning Board at a duly advertised Public Hearing held on October 15, 2020, and determined such Petition to be consistent with the Comprehensive Plan , and recommended approval with conditions as described in this Ordinance; and WHEREAS, the City Council reviewed Petition No. 20-002-SC and finds it to be consistent with the Comprehensive Plan, is not the sole access to any property, is in the best interest of the citizens, provides a benefit to the City of Okeechobee, and would not jeopardize the location of any utility; and WHEREAS, the granting of the Petition will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: The unimproved, dedicated Right-of-Way described hereafter and as shown on Exhibit A, is hereby closed, vacated, and abandoned by the City of Okeechobee, Florida to-wit: THAT PORTION OF SOUTHWEST 4TH STREET (f/k/a FIFTH AVENUE), FROM SOUTHWEST 7TH AVENUE WESTWARD TO DEAD-END, BEING APPROXIMATELY 100-FEET WIDE BY 140-FEET LONG, AND LYING NORTH OF LOT 1 OF BLOCK 190, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; together with THAT PORTION OF SOUTHWEST 5TH STREET (f/k/a FOURTH STREET), FROM SOUTHWEST 7TH AVENUE WESTWARD TO DEAD-END, BEING APPROXIMATELY 70-FEET WIDE BY 103-FEET LONG, AND LYING NORTH OF BLOCK 191, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2: The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, perpetual, non-exclusive Easements as a special condition requested by Florida Power and Light, to wit: Ordinance No. 1220 Page 2 of 3 Reserving an Easement for the East 10-feet of Southwest 4th Street Right-of-Way and Southwest 5th Street Right-of-Way, all located West of 7th Avenue with unrestricted 24-hour access. SECTION 3: The Applicant agrees to CenturyLink’s request to bear the cost of relocation and repair of any of their facilities and equipment that are found and/or damaged in the vacated areas. SECTION 4: The City Clerk shall cause the Ordinance to be recorded in the public records of Okeechobee County, Florida. SECTION 5: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: Severability. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 7: Effective Date. This Ordinance shall be set for Final Public Hearing the 1st day of December, 2020, and shall take effect upon the approval of the Easement provided in Section 2 herein by the City Council and recorded in the public records of the Clerk of Circuit Court, Okeechobee County, Florida. INTRODUCED for First Reading and set for Final Public Hearing on this 5th day of November, 2020. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second Reading and Final Public Hearing on this 1st day of December, 2020. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney Ordinance No. 1220 Page 3 of 3 ORDINANCE NO. 1220 - EXHIBIT A The following excerpt is from the City of Okeechobee Subdivision Map to identify the portion of Rights-of-Way to be abandoned as requested by Petition No. 20-002-SC. SW 5th Street SW 4th Street Petition #20-002-SC SW 4th ST from SW 7th AVE W. to dead-end +/- 100’x140’ Petition #20-002-SC SW 5th ST from SW 7th AVE W. to dead-end +/- 70’x103’ ABANDONMENT OF RIGHT-OF-WAY PETITION CITY OF OKEECHOBEE General Services Depuranew 55 Southeast 3rd Street Okeechobee, Florida 34974 863-763-3372 X 9820 rux: 63'/63-1686 PETITION N0J Application fee (non-refundable) I Date Fee Paid: Receipt Into: 5'n' $600.00 TRC Meeting: /n� r /ll --� i '� v Publication Date: ___ Letters Mailed: 4�P�r Note: (Resolution No. y$-ii j Schedule of Land Development Regulation Fees and Charges When the cost for advertising publishing and mailing notices of public hearings exceeds the PB/BOA Meeting: O,� I " I Publication Dates: Letters Mailed: (-�,;} D established fee, or when a professional consultant is hired to advise the city on the City Council 1st Reading: I'- r CMR Letter E-mailed: City Council Public Hearing: -� �-�� ublication Date: application, the applicant shall pay the actual costs. Right-of-way Definition: Land dedicated, deeded, used, or to be used for a street, alley, walkway, - -- - drainage �- ('- - "�'' - - - - - r" -- - - - - - - - - -- - - - - - . I- - -- -- --- - - - F- - - ' . - Uoulevard, racluty, access Ito ingress or egress, or utner purpose oy the pUMIC, Certain designated individuals, or governing bodies. [F.S. Ch. 177 § 177.031(16)]. Easements for roads and related purposes shall be considered as right-of-way. Legal Description of the Right -of -Way to be Abandoned: That portion of Southwest 4th Street (formerly known per plat as Fifth Avenue), 100 feet in width, lying north of Lot 1, Block 190, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5 at Page 5 of the Public Records of Okeechobee County, Florida. that portion of Southwest 5th Street (formerly known per plat as Fourth Street), 70 feet in width, lying north of Block 191, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5 at Page 5 of the Public Records of Okeechobee County, Florida. Note: Upon abandonment of a right-of-way in the City of Okeechobee or First Addition of City of Okeechobee Subdivision's, there may be a Fee Simple Interest from the Hamrick Trust. For more information contact Oil Culbreth, 3550 US Hwy 441 South, Okeechobee, Florida 34974, 863-763-3154. Purpose of the Right -of -Way Abandonment: SW 4th Street and SW 5th Street ROWS are required to be abandoned to adjoin the already developed parcel to the north so the proposed expansion to the existing building can proceed to the south for the industrial expansion project. pnrnc lip rrj T I T I�JN 1V V. raE`'mC ia� Sl Required Attachments x Copy of recorded deed of petitioner as well as any other property owner whose property is rnntig�inus to the right-n_f-wav, x Letters of Consent or Objection. If more than one ( property owner is involved and they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL INSTRUCTIONS Location map of subject property and surrounding area within 100' (See information Request Form attached) and dimensions of right-of-way. x List of all property owners within 300' of subject property (See Information Request Form attached) " Site Plan of property after abandonment. (No larger than 11x 17) x _ Utility Companies Authorization Form. (See attached) x Supplementary supporting information: Copy of recorded Plat of the Subdivision where Hahfi-n_f-wav nxict� nn larger than 1 1 x17. (Can he obtained frnrrt the County ! lnrlr's Office, Court House) PLEASE NOTE: # there are other property owners that are contiguous to the subject right-of- way, a notarized letter must be attached with the following information: date, their name(s), what property they own, and whether they object to or consent to the right-of-way abandonment. (See attached sample letter) IIN1 I Confirmation of Information Accuracy II I hereby certify that the information contained in and/or attached with this petition is correct. The information included in this petition is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial o this petition. Neal Markus e 2,0 Z10 Signat Printed Name Date PI EASE COMP LIE i El t OLI.O vv ING t il�TuiivisS R �iilf'cr. tin uity, ti T jl'vlG A Vtii".[i 110 iv tit Rivli i 3-vt-vvn � S (Sec. 78-33, page CD76:4 in the LDR's) rI: . i _ t is crte Petitioner's responsibility to convince the T eciitiical Review Coiiitiiicee, Planning Board/ BOA and City Council that approval of the proposed vacation is justified. Specifically, the Petitioner should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: 1. Proposed vacation is consistent with the Comprehensive Plan: The requested abandonment of the road ROW is consistent with the Comprehensive Plan as it is currently not used for access or utilities, there is no mention of alleys in the City's Comprehensive plan, the LDR's mention alleys in Section 85-142, which states alley may be allowed in residential districts, also in Section 70-335, which states notice of abandonment required, otherwise they are other referenced, but not concerning vacancies. r2 Right-of-way to be vacated is not the sole access to any property, and the remaining�yg access is Alit art easement: P Neither ROW is sole access to any property and a remaining land will not require an easement. 3. Proposed vacation is in the public interest and provides a benefit to the City: The proposed vacation of the ROW is within a block that was previously rezoned to Industrial and will allow the existing business to expand to the south so this vacation will allow the existing road ROW square footage to add the required space south of the existing facility for the proposed expansion and return the property to the tax rolls. 4. Proposed vacation would not jeopardize the location of any uti i There are currently no utilities in the requested abandonment. The City Staff will, in the Staff Report, address the requesL and evaluate it and Lie Petitioner's submission in light of the above criteria and offer a recommendation for approval or denial). RF,,v.05/!q 8/5/2020 Okeechobee County Property Appraiser Okeechobee County Property Appraiser Mickey L. Bandi, CFA Parcel: «: 3-15-37-35-0010-01900-0010 (34183) »` Owner 8r Property Info SPRADLEY RUTH G & NEMEC GALE B Owner %NEMEC CHILDREN'S TRUST 608 HARBOUR POINTE WAY GREENACRES, FL 33413 Site SW 7TH AVE, OKEECHOBEE Description* p CITY OF OKEECHOBEE LOTS 1 TO 6 INC BLOCK 190 Area 0.86 AC S/T/R 15-37-35 Use Code"" I VACANT (0000) ITax District 150 `The Description above is not to be used as the Legal Description for this parcel in any legal transaction. The Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning 8 Development at 863-763-5548 for zoning info. Property & Assessment Values 2019 Certified Values 2020 Working Values Mkt Land $41,850 Mkt Land $41,850 Ag Land $0 Ag Land $0 Building $0 Building $0 XFOB $0 XFOB $0 Just $41,850 Just $41,850 Class $0 Class $0 Appraised $41,850 Appraised $41,850 SOH Cap [?] $0 SOH/10% $0 Assessed $41,850 Cap [?] Exempt $0 Assessed $41,850 county:$41,850 Exempt $0 Total city:$41,850 county:$41,850 Taxable other:$41,850 Total city:$41,850 school:$41,850 Taxable other:$41,850 school:$41,850 Note: Property ownership changes can cause the Assessed value of the property to reset to full Market value, which could result in higher property taxes. 2020 Working Values updated: 7/30/2020 Aerial Viewer Pictometery Google Maps * 2019 02018 02017 02015 02014 02011 ❑ Sales w 0 Sales History Sale Date Sale Price Book/Page Deed V/1 Quality (Codes) RCode 8/1/1990 $0 0316/1436 WD V U 03 4/6/1964 $0 0080/0731 QC V U 03 2/18/1964 $0 0079/0499 QC V U 03 2/17/1964 $0 0079/0497 QC V U 03 Building Characteristics Bldg Item Description* Year Blt Base SF Actual SF Bldg Value NONE `■ Extra Features 8r Out Buildings (Codes) Code Description Year Bit Value I Units I Dims Condition (% Good) NONE Land Breakdown Code Description Units Adjustments Eff Rate I Land Value www.okeechobeepa.com/gis/ 1/2 8/5/2020 Okeechobee County Property Appraiser Okeechobee County Property Appraiser Mickey L. Bandi, CFA Parcel: ,« 3-15-37-35-0010-01910-0010 (34184) > ; Owner & Property Info Result: 3 of 4 SPRADLEY RUTH G & NEMEC GALE B Owner %NEMEC CHILDREN'S TRUST 5243 EUROPA DR UNIT P BOYNTON BEACH, FL 33437 Site SW 6TH ST, OKEECHOBEE Description* CITY OF OKEECHOBEE ALL BLOCK 191 Area 0.409 AC S/T/R 15-37-35 Use Code** VACANT (0000) 1 Tax District 1 50 `The Description above is not to be used as the Legal Description for this parcel in any legal transaction. The Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning & Development at 863-763-5548 for zoning info. Property & Assessment Values 2019 Certified Values 2020 Working Values Mkt Land $25,087 Mkt Land $25,088 Ag Land $0 Ag Land $0 Building $0 Building $0 XFOB $0 XFOB $0 Just $25,087 Just $25,088 Class $0 Class $0 Appraised $25,087 Appraised $25,088 SOH Cap [?] $0 SOH/10% $0 Assessed $25,087 Cap [?] Exempt $0 Assessed $25,088 coun ty:$25,087 Exempt $0 Total city:$25,087 county:$25,088 Taxable other:$25,087 Total city:$25,088 school:$25,087 Taxable other:$25,088 school:$25,088 Note: Property ownership changes can cause the Assessed value of the property to reset to full Market value, which could result in higher property taxes. 2020 Working Values updated: 7/30/2020 Aerial Viewer Pictometery Google Maps D 2019 O 2018 O 2017 O 2015 O 2014 O 2011 ❑Sales -t- • ; d. W Ir .4 W Sales History Sale Date Sale Price Book/Page Deed I V/1 Quality (Codes) RCode 8/1/1990 $01 0316/1436 1 WD I V I U 03 7 Building Characteristics Bldg Item Description* Year Bit Base SF Actual SF Bldg Value NONE Extra Features & Out Buildings (Codes) Code Description Year Blt Value I Units I Dims Condition (% Good) NONE Land Breakdown Code Description Units Adjustments Eff Rate Land Value 161 Cl2 CITY LT (MKT) 223.000 FF (0.409 AC) 1.0000/.7500 1.0000/ / $113 /FF $25,088 Search Result: 3 of 4 © Okeechobee County Property Appraiser I Mickey L. Bandi, CFA I Okeechobee, Florida 1 863-763-4422 www.okeechobeepa.com/gis/ by: Grizzlyl-ogic.com 1 /2 8/5/2020 Okeechobee County Property Appraiser Okeechobee County Property Appraiser Mickey L. Bandi, CFA Parcel: .«• 3-21-37-35-0020-02510-0130 (34741) F»- Owner & Property Info SPRADLEY RUTH G & NEMEC GALE B Owner %NEMEC CHILDREN'S TRUST 608 HARBOUR POINTE WAY GREENACRES, FL 33413 Site SW 6TH ST, OKEECHOBEE THAT PORTION OF THE FLORIDA EAST COAST RAILWAY COMPANY RIGHT-OF-WAY, SINCE ABANDONED, AND OF NORTH CURVE STREET, Description` SINCE ABANDONED, AS SHOWN ON PLAT OF FIRST ADDITION TO OKEECHOBEE, FLORIDA, AS RECORDED IN PLAT BOOK 2, PAGE 26, OF THE PUBLIC RECORDS OF SAINT ...more>>> Area 1.6 AC S/T/R 21-37-35 Use Code" VACANT (0000) Tax District 150 *The Description above is not to be used as the Legal Description for this parcel in any legal transaction. The Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning & Development at 863-763-5548 for zoning info. Property & Assessment Values 2019 Certified Values 2020 Working Values Mkt Land $16,800 Mkt Land $16,800 Ag Land $0 Ag Land $0 Building $0 Building $0 XFOB $0 XFOB $0 Just $16,800 Just $16,800 Class $0 Class $0 Appraised $16,800 Appraised $16,800 SOH Cap [?] $0 SOH/10% $0 Assessed $16,800 Cap [?] Exempt $0 Assessed $16,800 coun ty:$16,800 Exempt $0 Total city:$16,800 county:$16,800 Taxable other:$16,800 Total city:$16,800 school:$16,800 Taxable other:$16,800 school:$16,800 Note: Property ownership changes can cause the Assessed value of the property to reset to full Market value, which could result in higher property taxes. 2020 Working Values updated: 7/30/2020 Aerial Viewer Pictometery Google Maps j 0 2019 02018 02017 02015 02014 02011 E)Sales i) AIL e ' • r• A k *� 41T. S i Sales History Sale Date Sale Price Book/Page Deed V/1 Quality (Codes) RCode 8/1/1990 $0 0316/1436 WD V U 1 03 Building Characteristics Bldg Item Description* Year Bit Base SF Actual SF Bldg Value NONE W Extra Features & Out Buildings (Codes) Code Description Year Blt Value I Units I Dims Condition (% Good) NONE Land Breakdown Code Description www.okeechobeepa.com/gis/ Units Adjustments Eff Rate I Land Value 1/2 Parcel ID Number: 3-15-37-35-0010-01900-0010 Prepared by and return to: SUSIE BURK Okee-Tantie Title Company, Inc. I05 NW 6th Street Okeechobee, Florida 34972 FILE NO.37460 Warranty Deed This Indenture, Executed this JULY 31, 2020 A.D. Between RUTH G. SPRADLEY, and, JOY N. LOPER, AS CO -TRUSTEES OF THE NEMEC CHILDREN'S TRUST AGREEMENT DATED DECEMBER 30,1985, whose address is 5243 EUROPA DRIVE, APT P, Boynton Beach, Florida 33437, hereinafter called the grantor, to LOUMAX DEVELOPMENT, INC., A FLORIDA CORPORATION, whose post office address is: P.O. BOX 5501, Fort Lauderdale, Florida 33310, hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Okeechobee County, Florida, viz: Legal Description as Exhibit "A" Parcel ID Number: 3-15-37-35-0010-01900-0010 & 3-15-37-35-0010-01910-0010 & 3-21-37-35-0020-02510-0130 Subject to covenants, restrictions, easements of record and taxes for the current year. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2019. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: Witness Printed Name witness Printed Name State of Florida Tlii4E CHILD �N'S TRUST AGREEMENT DATED DECE BE ;-19011 r` )t (r (Seal) B 0TH G. SPRAD , Its CO -TRUSTEE/" Address: 5243 EUROPA DRIVE, APT P�BoYnton Beach, Florida 33437 (Seal) BY �JOY N. LOPER,It b-TRUSTEE address 5243 EUROPA DRIVE, APT P, Boynton Beach, Florida 33437 County of The foregoing instrument was acknowledged before me by means of X physical presence or NA online notarization, this August J ` 2020, by NEMEC CHILDREN'S TRUST AGREEMENT DATED DECEMBER 30, 1955, who produced a drivers license as identification. Notary Public Print -Name: E. Su _r_ My Commission Expires Exhibit "A" All of Block 191, Town of Okeechobee, according to the plat thereof recorded in Plat Book 2, Page 17, Saint Lucie County, Florida, Public Records, lying in Okeechobee County. That portion of the Florida East Coast Railway Company right of way, Since Abandoned, and of North Curve Street, Since Abandoned, as shown on plat of First Addition to Okeechobee County, Florida, as recorded in Plat Book 2, Page 26, of the Public Records of Saint Lucie County, Florida, and in Plat Book 1, Page 11, of the Public Records of Okeechobee County, Florida, which is bounded on the West by the Northerly extension of the West line of Block 251 (same also being a part of the East line of a tract of land known as the Station Grounds of said Railway Company), and on the South by a line extending from the Southernmost point of Block 191, as shown on the plat of the Town of Okeechobee, as recorded in Plat Book 2, Page 17, of the Public Records of Saint Lucie County, Florida, and in Plat Book 1, Page 10, of the Public Records of Okeechobee County, Florida, in a Westerly direction, said line being North of and parallel with the Westerly extension of the North line of Third Street, and which is bounded on the North by the Westerly extension of the North line of Fifth Street, of said Town of Okeechobee aforesaid and all that part of Fourth Street and Fifth Street lying West of Seventh Avenue in said Town of Okeechobee. Lot 1 to 6, inclusive of Block 190, Okeechobee, according to the plat thereof recorded in Plat Book 2, Page 17 of the Public Records of Saint Lucie County, Florida. File Number: 37460 Legal Description with Non Homestead CIoser's Choice ONE AND THE SAME AFFIDAVIT STATE OF FLORIDA COUNTY OF OKEECHOBEE Before me a duly Commissioned Notary Public within and for the State and County aforesaid, personally appeared SYLVIA (SUSIE) BURK, after being duly sworn as required by law, deposes and says: THAT I AM THE CLOSER OF THE PROPERTY DESCRIBED IN THE DEED RECORDED IN OFFICIAL RECORD FILE # 2020007440, PAGE 3, OKEECHOBEE COUNTY RECORDS THAT PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA IS THE SAME PLAT AS PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND IS THE SAME PLAT AS PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. EACH PLAT HAS THE NAME OF "OKEECHOBEE" AND EACH PLAT SHOWS UNDER THE NAME OF THE SUBDIVISION "ST. LUCIE COUNTY, FLORIDA" FURTHER AFFIANT SAITH NOT. This Affidavit is made for the express purpose of inducing the City of Okeechobee to advertise using the Warranty Deed prepared by Okee-Tantie Title Company, Inc. . So, 4SUi9 VtRKAI IS Witness - Witness OKEE-TANTIE TITLE COMPANY INC. BY: (sus ) BURK Sorn to and Subscribed before me this 25TH day of AUGUST, 2020, who has produced PERSONALLY KNOWN as identification. _ otary Public SOiNSUN WKAITIS (Seal) sONSUN VIRKAITIS Ay C,0yjNtISSION # GG 037833 E,, Ppp.ES: Novcmber'12, 2o20 goaded Thru tdotaryPubl!c Unde"vriters I j 7 �.: �� I � -��, .•",-'r��p$'le►�; "d!!leflq�:• 'glr,��_ %Ez�� a � P�C� ( �• - � �' SW 2ND ST• --- - ' - �+ ki SW 2ND ST — - - ";'•'� '"fit? m. 1 -Ia4,. �:m3 '�%-�� ".s jet �>t' .�K'�r- _i i¢• ¢ y'. -_ _ _ j � 9s, -k- � 117E mac:.-,. !t �'.i I r+�y �� T 6 � 9 �' ♦,, r ° J •,� .� _ ram' ea ti"'. J!.. ��.:6g• � g �� i R ',c. 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"' t AI I - — 1 — 4 SW 7TH AVENUE DAEccMDeEE Al(P) �cE a ArnAEr EDGE OF ASPHALT (ASPHALT ROAD; IOti R/w % I I 9I2 U) I I S" 2 I I ,_ I I N I 13(3-100, m ° -1 cu<- fir— xp �� op^�in 2c)a (3 zj ^�ti(,��n�a�atn�^�� na" ~O��zZ1.Nar10°Ova �(-- a��n �an^�50tn�apc,)`y �titi a �00' z�'�O' FOR) to ry�� o�� o�� z� orn �,z ,,,,ri 1 , �,z�Q c�o"� ti�~iap-a�� (n^tz i'�o�OZ�.,Oj�aa c,.nrr c��p..rpl n� �Cr� , '� Qz� O�n c a2bV °tn�� ?bIjL �o� �::u L oo~a0^�1^�1a� �an n�yp n)apn��z ^~� ^i0 �+n^� �o"~icn�� ycnzt �Z�c o �^�'� o�zQ�, cnzzo°i)�z as ° nipz a�p�ooa`��z�a(nar �rri Z a zt ��O zp� zzo�(-Zia6C n�� ^oiQOZza° af ^^�Cz^�=o^° ��Q�z�o�yn- :70n°oaQ)(; 'nm-^�^,�� zrp,- — o z!vn�1 is D pZOr,' pn� � C~O �pz� rE �nZ� On Onzyzn ��O oa � z p OaOn�c�j ��OOa �� 0 °O „1 r^ (3 �S a oQ� noQ o oo� '�p�Zn�o(°n^piyoacti��°�' n�"'e a��z)� �` �n a o Qo �o<�3z� o� �Oti�n�� cpC a �� h20'Ir, ��,zp ;y'��°�°�n � n� O -4 Q yea �a� � �Q z �,c�orq pti�aZoQy ��o c n n �,"� aa� <nc�nn zC) p c ) �ooQc�cn z c Ocnz �nq �czj (n� 2 ,n uZ rIl m yam` v % x % MRE FENCE { % RG .� E'Y IE 00°OB'4BT W uL693.5 Ni, ABANDONED 9A5 PER DEED) FLORIDA EAST COAST RAILWAY COMPMY 15.0' mm'• D RIGHT-OF-WAY k NORTH CURVE STREET AS SHOWN ON PLAT OF `v J FIRST ADDITION TO OKEECHOBEE. RgiIDA (P.B. 1, PAGE 11) Z IN i W D _ to m o n N m143 =12 IQz n r _ i i I 1 O I s-s`. to �y gN Y imo - N C `: J CIA N �E u '0 u i I � I �� ID o� �`✓ iaof a 00°09 53 E,� 693. 70'__.__._"_ _Dove._c_ze.,----------------------------------------- ------ �--------T(IP-a-RAMC:---- ----W„ c -- I .� � CIS; r•_ v SW 7TH A.V E N U E DAEEcnM:E Av; (P) EDGE a As ALT $ EODE AL'WALi (ASPHALT ROAD) IED' R/W % OF in I I c c --------------------- ------ I 3 N II I 3 N I CITY OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Utility Companies Authorization Form Instructions: Applicant: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Utility Companies: If an easement is needed, provide a complete legal description for it. The City Attorney will address it as a nonexclusive perpetual easement within the Ordinance. If there is going to be a relocated easement, provide legal of where it's to be relocated to. The City Attorney will address this in the Ordinance by denoting the relocated easement is in an attached exhibit to the Ordinance. Additionally, the effective date will be upon the City's receipt of the recorded relocated easement between the owner and utility company and provided oil the utility company's form. Florida Power & Light FPL requires a 10' easernent on the east end of S W 4th Street and SW Stli Street ROWs Nvest of S W 863-467-3708 7th Avenue, if abandoned. Donna Padgett S �/ ( r P! Antat, �� 'L (,� (�7-8.,90s( � 1 --�, t �,.e`� Authorized Signature Typed Name & Title Phone No. Date Embarq d/b/a Century Link 863-452-3185 Kenneth R. Lutz ken.lutz0genturyl i n k.com Authorized Signature Coicast Cable 863-763-2824 107 NW 701 Avenue Authorized Signature Typed Name & Title Phone No. Date Typed Name &'Title Phone No. Okeechobee Utility Authority John Hayford :...,._._.....-- 863-763-9460 100 SW 51h Avenue Date Authorized Signature Typed Name & Title Phone No, Date Florida Public Utilities Dale M. Butcher 561-366-1635 dbutcher0omc.co n Authorized Signature Typed Name & Title *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHUBEE SUBDIVISIONS Hamrick Estate Gil Culbreth, Co -Trustee 863-763-3154 Authorized Signature Phone No. Date Typed Name & Title Phone No. Date REV.05/19 August 3, 2020 City of Okeechobee 55 SE 31 Avenue Okeechobee, FL 34974 Subject: Loumax Development, Inc. Stiff% 4"' and SW 5"' Street Abandonment Statement Dear Mr. Montes de Oca: As discussed last week, I know the deadline for the abandonment submittal is noon on Tuesday August 4, 2020 and that FPL and Centurylink were on storm watch last week. I was able to get FPL's sign off, but I am still awaiting Centurylink. As soon as I received the signoff, I will forward it to the City for your records. Should you have any questions or comments, please do not hesitate to call. Sincerely, Steven L. Dobbs Engineering k44"' (::) - i a Steven L. Dobbs, P. E. President CC: Neal Markus File 1062 Jakes Way, Okeechobee, FL 34974 Phone: (863) 824-7644 Cell: (863) 634-0194 Email: sdobbs@stevedobbsengineering.com Website: www.SteveDobbsEngineering.com CITY OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Utility Companies Authorization Form Instructions• Applicant: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Utility Companies: If an easement is needed, provide a complete legal description for it. The City Attorney will address it as a nonexclusive perpetual easement within the Ordinance. If there is going to be a relocated easement, provide legal of where it's to be relocated to. The City Attorney will address this in the Ordinance by denoting the relocated easement is in an attached exhibit to the Ordinance. Additionally, the effective date will be upon the City's receipt of the recorded relocated easement between the owner and utility company and provided on the utility company's form. Florida Power & Light 863-467-3708 Donna Padgett Authorized Signature Typed Name & Title Phone No. Date Embarq d/b/a Century Link 863-452-3185 Kenneth R. Lutz ken.lutzPcenturylink.com �eoc-2et`i R L�u� Kenneth R. Lutz - Engineer 11 863-452-3185 08/13/2020 Authorized Signature Typed Name & Title Phone No. Date Authorized Signature Typed Name & Title Phone No. Date Authorized Signature Typed Name & Title Phone No. Date Authorized Signature Typed Name & Title Phone No. Date *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Gil Culbreth, Co -Trustee 863-763-3154 Authorized Signature Typed Name & Title Phone No. Date REV.05/19 8/13/2020 Loumax Development, Inc. c/o Steven L. Dobbs, P.E. 208 NE 211 Avenue Okeechobee, FL 34972 CenturyLink No Reservations/No Objection SUBJECT: Abandonment that portion of SW 4th Street and SW 5th Street, according to plat thereof as recorded in Plat Book 5 at Page 5 of the Public Records of Okeechobee County, Florida. To Whom It May Concern: Embarq Florida, Inc., d/b/a CENTURYLINK ("CenturyLink") has reviewed the request for the subject vacation and has determined that it has no objections with respect to the areas proposed for vacation as shown and/or described on Exhibit "A", said Exhibit "A" attached hereto and incorporated by this reference. It is the intent and understanding of CenturyLink that this Vacation shall not reduce our rights to any other existing easement or rights we have on this site or in the area. This vacation response is submitted WITH THE STIPULATION that if CenturyLink facilities are found and/or damaged within the vacated area as described, the Applicant will bear the cost of relocation and repair of said facilities. If you have any questions, please contact Bill Paul at 727-449-3544 / william.d.paul@centurylink.com Sincerely yours, Mike Pietlukiewicz Contract Manager III P830678 BOUNDARY SURVEY PREPARED FO.M: LOUVAX DEVELOPMENT OESMEU01yRFC/ D FROM ORB ;tF eA GE I PUBLIC RECORDS OF OKEF-HOBFF 0941N,EK ORIOA• ALL OF BLOCK 191, TOWN OF OKEECHOBEE ACCORDING TO AVE PLAT 7HEREOF' RECORDED IN PLAT BODX 2, PACE 17 Sr LUA£ COUNTY, FLORIDA. PUBIC RECORDS, LYING IN OKWCHOBEE COUNTY. THAT POR77ON OF THE FLORIDA EAST COAST RAILWAY COMPANY RIGFIT—OF--WAY, SINCE ABANDONED, AND OF NORTH CURVE 57REEt- SINCE ABANDONED, AS SHOWN ON PLAT OF FIRST ADDIAOF! TO OKEF5HOBEE, aORIDA, AS RECORDED IN PLAT BOOK 2. PACE 26, OF 7HE PUBLIC RECORDS OF SAINT LUDYE OLk/NTY, FZORIDA, AND IN PLAT BOOK 1, PAGE 11, OF THE PU8UC RECORDS OF OYEE'CHOB£E COUNTY, FLORIDA, AHICH IS 80UNDE77 ON THE WEST BY 7HE NORTHERLY EXTENSION OF 7HE WEST LINE OF BLOCK 251 (SAME ALSO B£!NG A PART OF THE EAST LINE OF A TRACT OF LAND KNOW AS 7HE STA)7L7N GROUNDS OF SAID RAILWAY COMPANY), AND ON THE SOWN BY A UNE EXTENDING FROM 7H£ SOUTN£RYVMOST POINT OF BLOCK 191, AS SHOW ON THE PLAT OF THE 7OW9Y OF OKEECHOBEE AS RECORDED IN PLAT BOOK 2 PACE 17, OF THE PUBLIC RECORDS OF Sr LUCIE COUNTY, FLORIDA, AND IN PLAT BOL3Y 1 PAGE 10 OF 7HE PUBLIC RECORDS OF OKEECHOSEE COUNTY, FLORIDA, 1N A WESTERLY DIRECAOW, SAID UNE 80NG NORTN OF AND PARALLEL WITH 7H£ WESTERLY EXT£NS70111 OF THE NORTH LINE OF THIRD STREET, AND W?IICH IS BOUNDED ON THE NORM 8Y THE K-S7ERLY EX7ENSION OF THE NCW774 LINE OF FIFA/ STREET, OF SAID TOWN OF OKEECHOBE£ AFORESAID AND ALL THAT PART OF FOKFR7H STREET AND nFIN STREET LYING WEST OF SEVENTH AVENUE IN SAID TOWN OF C4C££C7/08EE. LOTS 1 TO 61 1NOYUSfW OF BLOCK 190, OKEECHOBEE ACCORDINO TO HE PLAT THEREOF RECORDED IN PLAT 80OK 2, PACE t7 OF THE PUBLIC RECORDS OF Sr LUCIE COUNTY, FLORIDA. PR IX' T S'P /F-tr No 1) UNLESS SHOWN 07NERW?SL; ALL D1MEN570NS ARE CALCULATED(C) AND MEASURED(M). 2) -177E ADDRESS- NOT ASSIGNED AT AME OF SURVEY. 3) F.LR.M. ZON£.X" MAP NO. 12093C0480C, GATED 07116115. 4) THIS SURLY IS NOT 1NTENOED TO DEPICT JURISDICTIONAL AREAS OR 07HER AREAS OF LOCAL CONCERN. ACCURACY OF EASEMENT DIMENSIONS SHOWN N£REON, 7HERE MAY 8£ 07HER EASEMENTS O: RES7RIC77011IS THAT EFFECT THIS PARCEL. 6) 7H£ SURVEY DEPICTED HE7t£ IS NOT COVERE7? BY PROFESSIONAL LIA8ILITY INSURANCE. ADDInC VS OR DEY£AOWS TO SURVEY MAPS OR REPORTS' BY 07HER THAN 7NE 51GNING PARTY OR PARSES IS PROH7817£D Wt7HOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARSES 7) OAT£ OF LAST FIELD SURVEY.- 12/30/19. a • <os i� {gar ujis 1 � � IiiitlPf�'H$�,i hT a � � . •$4 is w c aG8 j o « o a s€9 tg PARCEL 2 TOTAL PARCEL Ca NTAIN5 23. t R ACRES t VACA— 1\wto-my,c- _ _n-xca I i fn aA-wow• uam �^ �S ^ i O9'n9'n2' w 199.99' --.". ---- O (} = w FrobaitY m oxaemta ay the dpreyar for uae a1 olna; the Ian- y— net sPAa�fa:gly rume,t pepared a.. The surmY<Piar the si¢ olun ono ertWae.^.ads ed of Florida Ikeesa —.e m n rn u�o oaemPt . mode m foaete vndxq.ouna :rcP.crema,t: ma%. rnvoochmm<: pe oe r� aaa m e 2 Ihn m tlen¢0 N Chopler iM1], Florida Admea.botira Y) ac Pert of thi: a,ewy Thic :array n: PnPered v^ occerdaneo «e o0 .pon:S�fewn_ Nfiple oero.e�ghwna PR.e+ pnschmfent: zm Code. o OELDPueBT• we u «ttn ono c-ferme to the s(,,a TRADEWINDS SURVEYING SERVICES, LLC. de of peclica for pof«zabwr ^.ur.erers a4 mePPe+x vx Eceeel U 200 5.91. 3rd Avanae o-sot von rcoe ode Cro Ls aem• a-ro„�a ru .P n 1�_� Okeechobee. 34074 ) OWREM rcrn Hod {eM egr7-:«.+.a Pipe {cotl C¢P) aBH fHnt0.vap..^....: Descemnou o o OaOnaAar wxvEy Owc. DATE Or Ot/02/20 WC KAB 8L Teh (803) 703-2037 e•r,.,.e..: c-w..,.^,a, urv-eaa tr, w- c �°�^" rwc a-t,e o-f ,., Fax: (803) 763-4342 '•k'1 r "'v "V (� Emall: kab.twpa®yahoD.cam Y V n,.m,»aesmvrrr a �I � , � - •�,. .may 0.�Y F8/PG 354/19 SeAtE= t . ED' s pe+.,p jqN •Y ME: 33i21 ,rCg x0. 3342t Kcnnr.Lh A. Branux. Jr. (PSW 4020) 1.0 N0. 8007 ` "� .,y PetrJp�e#• 55 rt�`«w � �i1� �" .arw- CITY OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Utility Companies Authorization Form Applicant: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Utility Companies: If an easement is needed, provide a complete legal description for iL The City Attorney will address it as a nonexclusive perpetual easement within the Ordinance. If there is going to he a relocated easement, provide legal of where it's to be relocated to. The City Attorney will address this in the Ordinance by denoting the relocated easement is in an attached exhibit to the Ordinance. Additionally, the effective date will be upon the City's receipt of the recorded relocated easement between the owner and utility company and provided on the utility company's form. Florida Power & Light 863-467-3708 Donna Padgett --- - ------ --- — -- Authorized Signature Typed Name &'Title Phone No. Embarq d/b/a Century Link 863-452-3185 _ ------------- Kenneth R- Lutz lign lutz0centurvlink.com Authorized Signature Comcast Cable 107 NW 7+h Avenue Authorized Date Typed Name & Title Phone No. Date NX+ Typed Name & "Title Phone No. Date Okeechobee Utility Authority John Hayford 863-763-9460 100 SW Sth Avenue _ authorized Signature Typed Name &'Title Phone No. Date Florida Public Utilities Dale M. Butcher -- — —4- -- -- -- ---- — --- 561-366-1635 _ �,b + CherCcafnuc com Authorized Signature Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION 7.0 CITY OF Date OKEECHOBEE SUBDIVISIONS _.. Hamrick Estate _ Gil Culbreth, Co -Trustee 863-763-3154 Authorized Signature Typed Name &Title Phone No. Date k n%ml o CITY OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Utility Companies Authorization Form Instructions: Applicant: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Utility Companies: If an easement is needed, provide a complete legal description for it. The City Attorney will address it as a nonexclusive perpetual easement within the Ordinance. If there is going to be a relocated easement, provide legal of where it's to be relocated to. The City Attorney will address this in the Ordinance by denoting the relocated easement is in an attached exhibit to the Ordinance. Additionally, the effective date will be upon the City's receipt of the recorded relocated easement between the owner and utility company and provided on the utility company's form. Florida Power & Light 863-467-3708 Donna Padgett Authorized Signature Embarq d/b/a Century Link 863-452-3185 Kenneth R. Lutz Iteiu hutzPcenturylink com Typed Name & Title Phone No. Date Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863-763-2824 107 NW 71h Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford 863-763-9460 100 SW 511, Avenue thorize Sig a e Typed Name & Titleclra! ✓C- Phone No. Date Florida Public Utilities Dale M. Butcher 561-366-1635 dbutchet fpuc.com Authorized Signature Typed Name & Title *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Gil Cuulbreth, Co -Trustee 863-763-3154 Authorized Signature Typed Name & Title Phone No. Date Phone No. Date REV.05/19 CITY OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Utility Companies Authorization Form Instructions: Applicant: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Utility Companies: If an easement is needed, provide a complete legal description for it. The City Attorney will address it as a nonexclusive perpetual easement within the Ordinance. If there is going to be a relocated easement, provide legal of where it's to be relocated to. The City Attorney will address this in the Ordinance by denoting the relocated easement is in an attached exhibit to the Ordinance. Additionally, the effective date will be upon the City's receipt of the recorded relocated easement between the owner and utility company and provided on the utility company's form. Florida Power & Light 863-467-3708 Donna Padgett Authorized Signature Typed Name & Title Phone No. Date Embarq d/b/a Century Link 863-452-3185 Kenneth R. Lutz ken.lutz@centuryl ink.com Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863-763-2824 107 NW 7th Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford 863-763-9460 100 SW 51h Avenue Authorized Signature Florida Public Utilities Ivan Gibbs 561-723-3459 igibbs@fpuc.com Typed Name & Title Phone No. Date 41,141t'l g,� _Ivan Gibbs Engineering Technician S61-723-3459 7-28-2020 Authorized SigWature Typed Name & Title Phone No. Date *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Gil Culbreth, Co -Trustee 863-763-3154 Authorized Signature Typed Name & Title Phone No. Date asv.o5/i') CITY OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Utility Companies Authorization Form Instructions: Applicant: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Utility Companies: If an easement is needed, provide a complete legal description for it. The City Attorney will address it as a nonexclusive perpetual easement within the Ordinance. If there is going to be a relocated easement, provide legal of where it's to be relocated to. The City Attorney will address this in the Ordinance by denoting the relocated easement is in an attached exhibit to the Ordinance. Additionally, the effective date will be upon the City's receipt of the recorded relocated easement between the owner and utility company and provided on the utility company's form. Florida Power & Light 863-467-3708 Donna Padgett Authorized Signature Typed Name & Title Phone No. Date Embarq d/b/a Century Link 863-452-3185 Kenneth R. Lutz >:Fg e�tEvis.ti...... ink.co Authorized Signature Comcast Cable 863-763-2824 107 NW 7thAvenue Typed Name & Title Phone No. Date Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford _ 863-763-9460 100 SW 511, Avenue Authorized Signature Florida Public Utilities Dale M. Butcher 561-366-1635 difin3�' c.i+i �YkC,C01'sl Authorized Signature Typed Name & Title Phone No. Date Typed Name & Title Phone No. Date *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate 7" " z eK 7/tkr7- A4.r I Avg i •y.�/Z itu ee�s Gil Culbreth, Co -Trustee /f ,q j lJSse.eiP;41 cu o F Tlfz 863••763-3154 7 0 jg 'JA .goa 06.0ue,/ 7 ( i/f dti. e -) A " J—,, D- 0 26 ,S` 7 .Z� - �' c� .tea Authorized Signature Typed Name & Title Phone No. Date RBV.OS/19 I j- yr v �ivv/VI/L-1--7--;-"LJ N I; '°I<>_INpnp L{DIop@ S1 —#i' U2KZn�IP I^ Zi m 3Z.. °ON y 16 OO�ZZ-7 ^DA-IOiA�a OL�f .K Np DIm Did;.0 mS0A13p :1p ii [ wip��m m ou opp I Sn�IP3H 1,7ZA . 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An approximately 15,700 square foot section of ROW described a s follows: “That portion of Southwest 4th Street (formerly known per plat as Fifth Avenue), 100 feet in width, lying north of Lot 1, Block 190, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5 at Page 5 of the Public Records of Okeechobee County, Florida.” 2. An approximately 9,725 square foot section of ROW described as follows: “That portion of Southwest 5th Street (formerly known per plat as Fourth Street), 70 feet in width, lying north of, Block 191, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5 at Page 5 of the Public Records of Okeechobee County, Florida.” In total, the abandonment request encompasses approximately 25,425 square feet (0.58 acres) of public ROW. The surrounding property which is owned by the applicant was recently approved for a future land use map amendment and a rezoning to industrial. If this request is approved, the applicant has stated their intention is to expand their industrial manufacturing operation that has been in existence on the property to the north. General Information Owner Neal Markus Address Loumax Development, Inc PO Box 5501 Fort Lauderdale, FL 33310 Phone Number 954-347-1077 For the legal description of the project or other information regarding this application, please refer to the application submittal package which is available by request at City Hall and is posted on the City’s website prior to the advertised public meeting at https://www.cityofokeechobee.com/agendas.html. Characteristics of the Subject Property Existing Proposed Future Land Use Industrial Industrial Zoning District Industrial Industrial Use of Property Industrial Industrial Acreage 2.87 acres 3.45 Staff Report Applicant: Loumax Development, Inc Right-of-Way Abandonment Petition No. 20-002-SC 2 Description of the Subject Site and Surrounding Area AERIAL The subject of the abandonment/vacation, the unimproved rights-of-way of SW 4th Street and SW 5th Street, are outlined in Red, and the existing land uses in the vicinity are shown below on the aerial photograph from the Property Appraiser’s office. The Applicant owns all four of the surrounding parcels. Staff Report Applicant: Loumax Development, Inc Right-of-Way Abandonment Petition No. 20-002-SC 3 FUTURE LAND USE The subject of the abandonment/vacation, the unimproved right-of-way of SW 4th Street and SW 5th Street, are identified below and the Future Land Use Map designations are shown on this excerpt from the City’s Future Land Use Map. All surrounding properties on the west side of SW 7th Ave are designated Industrial and if this vacation is to be approved, it seems appropriate to place an Industrial designation on the vacated property. Staff Report Applicant: Loumax Development, Inc Right-of-Way Abandonment Petition No. 20-002-SC 4 ZONING The subject of the abandonment/vacation, the unimproved right-of-way of SW 4th Street and SW 5th Street, are identified below and the zoning designations are shown on this excerpt from the City’s Zoning Map. All surrounding properties on the west side of SW 7th Ave are designated Industrial and if this vacation is to be approved, it seems appropriate to place an Industrial designation on the vacated property. Staff Report Applicant: Loumax Development, Inc Right-of-Way Abandonment Petition No. 20-002-SC 5 Consistency with Sec. 78-33, Vacation of Rights-of-Way Sec. 78.33 states that applications to vacate an alley or public right -of-way may be approved upon a finding by the City Council that the following requirements have been met. The Applicant’s responses are provided in Times Roman typeface and are repeated below exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant’s comments. Staff Comments are in Arial typeface. 1. Proposed vacation is consistent with the Comprehensive Plan. Applicant Comment: “The requested abandonment of the road ROW is consistent with the Comprehensive Plan as it is currently not used for access or utilities, there is no mention of alleys in the City’s Comprehensive plan, the LDR’s mention alleys in Section 86-142, which states alley may be allowed in residential districts, also in Section 70-335, which states notice of abandonment required, otherwise they are other referenced, but not concerning vacancies.” Staff Comment: There is nothing in the City’s Comprehensive Plan concerning abandonments or vacations of rights-of-way. 2. Right-of-way to be vacated is not the sole access to any property, and the remaining access is not an easement Applicant Comment: “Neither ROW is sole access to any property and a remaining land will not require an easement.” Staff Comment: The applicant owns all of the surrounding property on the west side of SW 7th Avenue. No other properties require these ROWs for access. 3. Proposed vacation is in the public interest and provides a benefit to the City. Applicant Comment: “The proposed vacation of the ROW is within a block that was previously rezoned to Industrial and will allow the existing business to expand to the south so this vacation will allow the existing road ROW square footage to add the required space south of the existing facility for the proposed expansion and return the property to the tax rolls.” Staff Comment: Since the City recently approved the future land use map amendment and rezoning to industrial designations, it seems appropriate to allow the subject rights-of-way to be vacated. Turning over maintenance responsibility to the applicant and adding this property to the City tax rolls will be a benefit to the City. If the property is developed according to the Applicant’s stated plans, additional taxes will be collected by the City and a several jobs will be created by the applicant’s proposed expansion of the existing manufacturing facility. 4. Proposed vacation would not jeopardize the location of any utility. Applicant Comment: “There are currently no utilities in the requested abandonment.” Staff Comment: The Applicant has provided signed authorizations from all necessary utility entities including: • Florida Power & Light • Century Link (with the condition that the Applicant will bear the cost of relocation and Staff Report Applicant: Loumax Development, Inc Right-of-Way Abandonment Petition No. 20-002-SC 6 repair of any facilities that are found and/or damaged in the vacated areas) • Comcast • Okeechobee Utility Authority • Florida Public Utilities Recommendation Based on the foregoing information and analysis, we believe, from a planning perspec - tive, that the requested rights-of-way vacation/abandonment can be considered consistent with the requirements of Sec. 78-33. Submitted by: Benjamin L. Smith, AICP Sr. Planner LaRue Planning September 8, 2020 TRC Meeting: September 17, 2020 PB/BOA Meeting: October 15, 2020 City Council 1st Reading: (tentative) November 17, 2020 City Council 2nd Reading and Public Hearing: (tentative) December 1, 2020 September 17, 2020 Official Agenda Page 1 of 7 CITY OF OKEECHOBEE, FLORIDA SEPTEMBER 17, 2020 TECHNICAL REVIEW COMMITTEE MINUTES SUMMARY OF COMMITTEE ACTION I. CALL TO ORDER Chairperson Montes De Oca called the regular meeting of the Technical Review Committee for the City of Okeechobee to order on Thursday, September 17, 2020, at 10:00 A.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. Pursuant to Executive Order No. 20-69 issued by Governor DeSantis on March 20, 2020, and further extended by Executive Order No. 20-193, effective August 7, 2020, the meeting was conducted utilizing communications media technology as provided by Florida Statutes 120.54(5)(b)2, by means of Zoom.com Meeting ID 2459713294. The Host computer was operated by Executive Assistant Brock. The video, audio, and digital comments are recorded and retained as a permanent record. A. The Pledge of Allegiance was led by Chairperson Montes De Oca. II. ATTENDANCE Technical Review Committee Secretary Patty Burnette called the roll. City Administrator Marcos Montes De Oca, Public Works Director David Allen, Building Official Jeffery Newell, and Fire Chief Herb Smith were present. Police Chief Bob Peterson was absent, and Major Donald Hagan was present in his place. CITY STAFF City Planning Consultant Ben Smith, General Services Secretary Yesica Montoya, Executive Assistant Robin Brock and Okeechobee County Environmental Health Director Victor Faconti were present in the Chambers. The School Board Representative and Okeechobee Utility Authority (OUA) Executive Director John Hayford were absent with consent. III. AGENDA A. Chairperson Montes De Oca asked whether there were any agenda items to be added, deferred or withdrawn. There were none. B. A motion was made by Building Official Newell to approve the agenda as published; seconded by Public Works Director Allen. Chairperson Montes De Oca, Public Works Director Allen, Building Official Newell, Major Hagan, and Fire Chief Smith voted: Aye. Nays: none. Motion Carried. IV. MINUTES A. A motion was made by Building Official Newell to dispense with the reading and approve the June 18, 2020 regular meeting minutes; seconded by Major Hagan. Chairperson Montes De Oca, Public Works Director Allen, Building Official Newell, Major Hagan, and Fire Chief Smith voted: Aye. Nays: none. Motion Carried. September 17, 2020 Official Agenda Page 2 of 7 V. NEW BUSINESS A. City Planning Consultant Ben Smith of LaRue Planning and Management Services briefly reviewed the Planning Staff Report for Abandonment of Right-of- Way Petition No. 20-002-SC, which requests to vacate the portion of Southwest 4th Street (formerly known per plat as Fifth Avenue), 100 feet in width, lying North of Lot 1, of Block 190, and the portion of Southwest 5th Street (formerly known per plat as Fourth Street), 70 feet in width, lying North of, Block 191, both being CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County. The surrounding property which is owned by the Applicant was recently approved for a Future Land Use Map (FLUM) Amendment and a Rezoning to Industrial. If this request is approved, the Applicant has stated their intention is to expand their industrial manufacturing operation that has been in existence on the property to the North. With the recent FLUM and Zoning approvals and given that all surrounding properties on the West side of Southwest 7th Avenue are designated Industrial, it seems appropriate to place an Industrial designation on the vacated property. Planning Staff’s responses to the required findings are: the alleyways are not the sole means of access to any property; the Applicant owns all the surrounding property on the West side of Southwest 7th Avenue; the proposed rights-of-way areas to be vacated have not been improved to facilitate vehicular travel; turning over maintenance responsibilities to the Applicant and adding property to the City’s tax rolls will be a benefit to the City; and finally, the Applicant has received authorization from all necessary utility entities. Florida Power & Light (FPL) is requiring a 10-foot easement be provided on the East end of Southwest 4th and 5th Street rights-of-way West of 7th Avenue. Century Link has requested a condition that the Applicant will bear the cost of relocation and repair any facilities that are found and/or damaged in the vacated areas. Planning Staff is recommending approval based on these findings. 1. Building Official Newell confirmed with the Applicant’s representative, Mr. Steve Dobbs, that his client agreed with all the Utility Companies comments. Mr. Dobbs confirmed this. Fire Chief Smith: No issues were received. Major Hagan: No issues were received. Public Works Director Allen: No issues were received. County Environmental Health Dept: No issues were received. OUA: Director Hayford was not in attendance although forwarded an email to the Committee Secretary stating he had no issues with this application. 2. Mr. Steven Dobbs, Engineering Project Manager, representing the Property Owner, Loumax Development Inc, was present and available for questions. There were none. September 17, 2020 Official Agenda Page 3 of 7 3. Chairperson Montes De Oca asked whether there were any comments or questions from those in attendance from the Public. There were none. 4. Chairperson Montes De Oca disclosed he had spoken with Mr. Dobbs regarding the application. There were no other disclosures. 5. A motion was offered by Building Official Newell to recommend approval to the Planning Board for Abandonment of Right-of-Way Petition No. 20- 002-SC, which requests to vacate the portion of Southwest 4th Street (formerly known per plat as Fifth Avenue) and the portion of Southwest 5th Street (formerly known as Fourth Street) with the following conditions: FPL is requiring a 10-foot easement be provided on the East end of Southwest 4th Street and 5th Street rights-of-way West of 7th Avenue; and Century Link has requested a condition that the Applicant will bear the cost of relocation and repair any facilities that are found and/or damaged in the vacated areas; seconded by Public Works Director Allen. a) The Committee offered no further discussion. b) Chairperson Montes De Oca, Public Works Director Allen, Building Official Newell, Major Hagan, and Fire Chief Smith voted: Aye. Nays: none. Motion Carried. B. City Planning Consultant Smith briefly reviewed the Planning Staff Report for Site Plan Review Application No. 20-005-TRC, which pertains to the construction of a proposed Church sanctuary and fellowship hall, on 10.24 vacant acres with parking and drainage facilities located at 807 Southwest 2nd Street. The Applicant proposes to build in phases. The church sanctuary and fellowship hall are proposed in the first phase and the site plan depicts for future development a gym, a conference hall and the reservation of 0.5 acres in the Southeast corner of the parcel for a parsonage. The sanctuary, fellowship hall, gym, and conference hall are all proposed with building footprints of 70-feet by 150-feet and to be 10,500 square feet each. A 20-foot by 25-foot porte-cochere is also proposed for the main sanctuary building. The proposed vacant site is located between Southwest 8th Avenue to the North and Southwest 6th Street to the South. Vacant land, which is the site of an approved, yet unbuilt, 190 dwelling unit apartment complex, lies to the West. To the East lie commercial uses as well as an active industrial manufacturing facility (Ecotec Manufacturing Inc.) that is currently proposed for expansion. The Applicant is proposing the use of a well for potable water and a septic system for sewage disposal. Regarding solid waste disposal, service will be provided by Waste Management, which has stated service is available and adequate capacity exists in the County’s solid waste facility to serve the proposed development. A drainage report has been submitted, and a dry retention area is depicted on the site plan. Regarding traffic generation, the Institute of Traffic Engineers (ITE) trip generation rate for churches is 9.11 weekday trips per 1,000 square feet. At 21,000 square feet, the ITE trip generation rates provide an estimate of 191 daily weekday trips for phase one of the project. Phase two of the project would add another 21,000 square feet, as well as a single-family residence. Upon September 17, 2020 Official Agenda Page 4 of 7 completion of all proposed structures, it is estimated that 393 daily weekday trips will be generated by this project. Combined with the additional vehicle trips that will be generated by the approved yet unbuilt apartment complex on the adjacent property to the West, the level of traffic in this neighborhood has the potential to increase substantially. A more in- depth traffic study may need to be conducted at such time as the phase 2 Two structures are proposed for construction, especially depending on the use of those structures, as gyms, daycares and study areas are often used throughout the week, not just on Sundays. If at that time it is determined that there will be capacity issues, it may be appropriate to require that the access from Southwest 6th Street be converted from an emergency entrance with stabilized grass to a paved secondary entrance. The main ingress/egress for this facility will be from Southwest 8th Avenue. An additional emergency entrance is also proposed from Southwest 6th Street. The entrance on Southwest 8th Avenue is 24 feet wide, as well as all of the drive aisles with adjacent parking spaces. However, the drive aisle beneath the porte- cochere is only 17-feet wide and one of the drive aisles at the end of a parking row is only 20-feet wide. The dumpster pad is located at the end of a parking row and should be accessible for any truck. The loading zone is located adjacent to the sanctuary building and large trucks will likely need to pass beneath the porte- cochere to access it. Section 90-512(4) requires that places of worship be provided with one parking space per three persons in main auditorium. The plans state that the maximum seating of the auditorium is 450 persons, which requires 150 parking spaces. Section 90-484 of the City’s Land Development Regulations (LDR’s) Code allows for applicants to request approval for a reduction in the number of required paved parking spaces. The application submittal package did not mention any such request, though the applicant’s engineer has indicated in emails that this request will be made. This section further allows for the City Council to approve such a request upon submittal of a parking study which demonstrates that the proposed use normally would have a demand for the total required parking spaces only on one or two days a week; and allows for up to 75 percent of the parking spaces to be reduced. Plans depict a new sidewalk along Southwest 2nd Street and a photometric lighting plan is provided which demonstrates adequate illumination of the parking area. The dimensional standards review appears to meet the requirements except for paved parking spaces; unclear as to whether the walkway adjacent to the fellowship hall extends to the entrance; no landscaping is shown in the two-foot wide space reserved around the perimeter of the sanctuary building and along the fellowship hall; 39 shrubs are required in the buffer areas on the East property line and only 22 shrubs are shown; and many of the proposed trees in the parking area are palms which do not provide as much shade as other types for the pedestrian walks and parking spaces. September 17, 2020 Official Agenda Page 5 of 7 Planning Staff is recommending approval based on the above analysis with the following conditions to be met prior to issuance of building permits: City Council approval of a 75 percent reduction in the number of paved parking spaces; should the Fire Chief agree, the stabilized grass driveway that is proposed from Southwest 6th Street is acceptable as long as a security gate is maintained, and use is restricted to emergency situations only; plans should clearly demonstrate that a paved walkway extends to the entrance of the fellowship hall and the Applicant should also consider rerouting that walkway away from the dumpster pad; two-foot wide landscaped buffers should be provided between buildings and vehicular areas; 17 additional shrubs should be provided along the East property line; and the Applicant should consider substituting shade trees for palms in the parking areas and around the walking paths. 1. Building Official Newell suggested maybe having the Applicant come back to another meeting since there are many needed revisions. He reviewed the Planner’s conditions on page 10 of the Staff Report with Mr. Dobbs to make sure they were in agreement with them. Fire Chief Smith commented the plans indicate the building is not sprinkled. Per the National Fire Protection Association (NFPA), the building shall be required to install an automatic fire sprinkler system based on the occupancy load. Underground piping supplying the fire sprinkler system and all associated components is required. In addition, there is nothing indicated on the proposed plans regarding the size of water mains supplying water to the complex or the fire sprinkler system. The fire flow will need to be determined after the water mains are identified and their sizes. The project requires at least one fire hydrant now that will need to be connected with OUA service as a well will not be sufficient. Additional hydrants may be required when the future development stage takes place. Chief Smith inquired as to the rated weight of the access road as he was concerned with the fire trucks sinking when the grassy material was wet. He inquired as to whether the entrance on Southwest 8th Street would be gated and whether the Fire Department would have access. Last item Chief Smith inquired about was in reference to some type of paved Y-shaped turnaround that could be installed again for stability for the fire trucks. Major Hagan: No issues were received. Public Works Director Allen pointed out Section 90-511(e)(1) of the City’s Land Development Regulations states except for single-family dwellings and places of public assembly or worship, each parking and loading space shall be paved. Planner Smith confirmed this to be accurate therefore, no request for a reduction in paved parking spaces is required. September 17, 2020 Official Agenda Page 6 of 7 Chairperson Montes De Oca voiced a concern regarding the stabilized access and parking area. Need more detail on the drainage so that areas are not muddy and there is no sinking when people park. Suggested installing a six-inch layer of shell rock underneath the geogrid, which is a geosynthetic made from polymeric materials and used for reinforcement applications in various types of construction projects. He thanked the Applicant for proposing a sidewalk along the frontage on Southwest 2nd Avenue. Lastly, he commented given the parsonage is part of the parcel, access should be internal to the property and there should be no access from Southwest 7th Avenue to the site. All access needs to come through the facility. County Environmental Health Dept Faconti: No issues where received. In the absence of OUA Director Hayford, Chairperson Montes De Oca read into the record an email he sent stating the following: since both TRC agenda items for the September 17, 2020 meeting do not require OUA water or sewer, the OUA will not be participating. I will point out the second agenda item does at one point state that OUA water will be required, but, the plans do not show water mains or well location and the City Staff Report states the Applicant will be utilizing a well and septic tank for water and sewer needs. Please confirm as to how potable water and wastewater will be provided. 2. Mr. Steven Dobbs, Engineering Project Manager, on behalf of the Property Owner, Haven of Rest Inc., as well as Mr. Tom Velie, were present for questions. Mr. Dobbs responded to a question from Fire Chief Smith regarding the rated weight of the access road. The road will be highway rated for access and then the grass will grow over it. Regarding water and wastewater, they will provide plans and coordinate with OUA. In the spirit of trying to keep construction costs low, Mr. Velie stated they will drop the seating capacity to try and stay under the NFPA requirement for a fire sprinkler system. Discussion ensued regarding fire walls and establishing fire zones that would be reviewed by both the Building Official and Fire Chief for approval according to all building and fire codes. There is a lockbox installed at the Southwest 6th Street gate for fire department access. Mr. Dobbs commented there would be a stabilized area for the fire trucks to turn around in. Finally, he inquired about a groundbreaking for the Church. This is fine to have although both the Fire Chief and the Building Official stated they can not approve any reviews of the buildings until the infrastructure was in place for the water supply. The hydrant needs to be installed and working before construction starts. 3. Chairperson Montes De Oca asked whether there any comments or questions from those in attendance from the Public. There were none. 4. Chairperson Montes de Oca asked for Disclose of Ex parte Communications by the Committee. There were none. September 17, 2020 Official Agenda Page 7 of 7 5. A motion was offered by Building Official Newell to approve Site Plan Review Application No. 20-005-TRC, which pertains to the construction of a proposed Church sanctuary and fellowship hall, on 10.24 vacant acres with parking and drainage facilities located at 807 Southwest 2nd Street with the following contingencies: should the Fire Chief agree, the stabilized grass driveway that is proposed from Southwest 6th Street is acceptable as long as a security gate is maintained, and use is restricted to emergency situations only; plans should clearly demonstrate that a paved walkway extends to the entrance of the fellowship hall and the Applicant should also consider rerouting that walkway away from the dumpster pad; two-foot wide landscaped buffers should be provided between buildings and vehicular areas; 17 additional shrubs should be provided along the East property line; the Applicant should consider substituting shade trees for palms in the parking areas and around the walking paths; add fire zones to the buildings; phase two will require a paved secondary entrance; add stabilized lime rock to grass emergency access; add fire hydrant for fire protection from OUA connection; and no access off of Southwest 7th Street for the parsonage; seconded by Fire Chief Smith. a) The Committee offered no further discussion. b) Chairperson Montes De Oca, Public Works Director Allen, Building Official Newell, Major Hagan, and Fire Chief Smith voted: Aye. Nays: none. Motion Carried. VI. There being no further items on the agenda, Chairperson Montes De Oca adjourned the meeting at 10:52 A.M. Please take note and be advised that any person desiring to appeal any decision made by the Technical Review Committee with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Service’s media are for the sole purpose of backup for official records of the Department. ATTEST: Marcos Montes De Oca, Chairperson Patty M. Burnette, Secretary ________________________________________ __________________________________ DRAFT October 15, 2020 Planning Board & Workshop Meeting Page 1 of 3 CITY OF OKEECHOBEE, FLORIDA PLANNING BOARD & WORKSHOP MEETING OCTOBER 15, 2020 DRAFT SUMMARY OF BOARD ACTION I. CALL TO ORDER Vice Chairperson McCoy called the regular Planning Board and Workshop meeting for the City of Okeechobee to order on Thursday, October 15, 2020, at 7:47 P.M. in the City Council Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida. Pursuant to Executive Order No. 20-69 issued by Governor DeSantis on March 20, 2020, and extended by Executive Order No. 20-246 effective September 30, 2020, the meeting was conducted utilizing communications media technology as provided by Florida Statutes 120.54(5)(b)2, by means of Zoom.com Meeting ID 2459713294. The Host computer was operated by Executive Assistant Brock. The video, audio, and other digital comments are recorded and retained as a permanent record. II. ATTENDANCE Planning Board Secretary Patty Burnette called the roll. Vice Chairperson Doug McCoy, Board Members Phil Baughman, Karyne Brass, and Rick Chartier were present. Alternate Board Members Joe Papasso and Jim Shaw were present. Chairperson Dawn Hoover, Board Members Felix Granados and Mac Jonassaint were absent with consent. CITY STAFF: City Planning Consultant Ben Smith, City Administrator Marcos Montes De Oca, Deputy City Clerk Bobbie Jenkins, and Executive Assistant Robin Brock were present. City Attorney John Fumero and General Services Secretary Yesica Montoya were absent with consent. Vice Chairperson McCoy moved Alternate Board Members Papasso and Shaw to voting positions. III. AGENDA Vice Chairperson McCoy asked whether there were any agenda items to be added, deferred, or withdrawn. There were none. A motion was made by Board Member Brass to adopt the agenda as presented; seconded by Board Member Papasso. Vice Chairperson McCoy, Board Members Baughman, Brass, Chartier, Papasso, and Shaw voted: Aye. Nays: None. Absent: Chairperson Hoover, Board Members Granados and Jonassaint. Motion Carried. IV. MINUTES A motion was made by Board Member Baughman to dispense with the reading and approve the September 17, 2020 Regular Meeting and Workshop minutes; seconded by Board Member Chartier. Vice Chairperson McCoy, Board Members Baughman, Brass, Chartier, Papasso, and Shaw voted: Aye. Nays: None. Absent: Chairperson Hoover, Board Members Granados and Jonassaint. Motion Carried. V. VICE CHAIRPERSON MCCOY OPENED THE PUBLIC HEARING AT 7:50 P.M. A. City Planning Consultant Ben Smith of LaRue Planning and Management Services briefly reviewed the Planning Staff Report for Abandonment of Right-of-Way Petition No. 20- 002-SC which requests to vacate an unimproved portion of Southwest 4th Street, (approximately 100-feet by 140-feet±), and a portion of Southwest 5th Street, (approximately 70-feet by 103-feet±) from Southwest 7th Avenue westward to dead-end. The surrounding property which is owned by the Applicant was recently approved for a Future Land Use Map (FLUM) Amendment (Application No. 20-002-SSA) and a Rezoning (Petition No. 20-001-R) to Industrial. If this request is approved, the Applicant has stated their intention is to expand their industrial manufacturing operation that has been in existence on the property to the North. DRAFT October 15, 2020 Planning Board & Workshop Meeting Page 2 of 3 V. PUBLIC HEARING ITEM CONTINUED A. With the recent FLUM and Zoning approvals and given all surrounding properties on the West side of Southwest 7th Avenue are designated Industrial, it seems appropriate to place an Industrial designation on the vacated property. Planning Staff’s responses to the required findings are: the alleyways are not the sole means of access to any property; the Applicant owns all the surrounding property on the West side of Southwest 7th Avenue; the proposed rights-of-way areas to be vacated have not been improved to facilitate vehicular travel; turning over maintenance responsibilities to the Applicant and adding property to the City’s tax rolls will be a benefit to the City; and finally, the Applicant has received authorization from all necessary utility entities. Florida Power & Light (FPL) is requiring a 10-foot easement be provided on the East end of Southwest 4th and 5th Street rights-of-way West of 7th Avenue. Century Link has requested a condition that the Applicant will bear the cost of relocation and repair of any facilities that are found and/or damaged in the vacated areas. Planning Staff is recommending approval based on these findings. 1. Mr. Steven Dobbs, with SLD Engineering LLC, who represents the Property Owner, Loumax Development Inc, was present for questions. There were none. 2. Vice Chairperson McCoy opened the floor for public comment and there was none. 3. No Ex-Parte disclosures were offered from Board Members. 4. A motion was offered by Board Member Baughman to recommend approval to the City Council for Abandonment of Right-of-Way Petition No. 20-002-SC which requests to vacate an unimproved portion of Southwest 4th Street, (approximately 100-feet by 140-feet±), and a portion of Southwest 5th Street, (approximately 70- feet by 103-feet±) from Southwest 7th Avenue westward to dead-end with the following conditions: FPL is requiring a 10-foot easement be provided on the East end of Southwest 4th and 5th Street rights-of-way West of 7th Avenue; and Century Link has requested a condition that the Applicant will bear the cost of relocation and repair any facilities that are found and/or damaged in the vacated areas; seconded by Board Member Papasso. a) The Board offered no further discussion. b) Vice Chairperson McCoy, Board Members Baughman, Papasso, and Shaw voted: Aye. Nays: Board Members Brass and Chartier. Absent: Chairperson Hoover, Board Members Granados and Jonassaint. Motion Carried. The recommendation will be forwarded to the City Council for consideration at Public Hearings, tentatively scheduled for November 5, 2020, and December 1, 2020, 6:00 P.M. VICE CHAIRPERSON MCCOY CLOSED THE PUBLIC HEARING AT 7:55 P. M. VI. VICE CHAIRPERSON MCCOY RECESSED THE REGULAR MEETING AND CONVENED THE WORKSHOP AT 7:55 P.M. City Planning Consultant Smith briefly reviewed the Staff Report for the Workshop regarding Rezoning of Holding Properties. As initiated by the Planning Board at the August 20, 2020 workshop and as discussed at the September 17, 2020 workshop, the purpose of this report is to further discuss the potential formulation of a program to incentivize owners of properties zoned Holding to request a rezoning to another zoning district. At one time, the City’s Land Development Regulations (LDR’s) contained regulations for the development of properties zoned Holding. However, several years ago, the Holding district regulations were removed from the LDR’s. Currently, if any property owner of land zoned Holding is seeking to develop that property, a rezoning must be performed first. As members of the City Council and Planning Board have pointed out, the rezoning process can be an uncertain and cost prohibitive process for some property owners and prospective property buyers. DRAFT October 15, 2020 Planning Board & Workshop Meeting Page 3 of 3 VI. WORKSHOP ITEM CONTINUED If the goal of the City is to encourage owners of Holding properties to rezone, then the City may consider instituting a temporary program that provides some incentivization to rezone by reducing the requirements, lowering the application fee, and providing more certainty to the outcome of the rezoning process. As directed by the Board at the September 17, 2020 workshop, we checked on the possibility of reducing advertisement costs by bundling multiple rezoning requests into one advertisement. The Deputy Clerk informed that this was, unfortunately, not possible. However, please see attached items presented for discussion including; draft letter that could be sent to Holding property owners, draft application specifically for this program, standard City of Okeechobee Rezoning Application, and Holding property parcel analysis and recommendations. Planner Smith explained he prepared a first draft letter to send out to property owners explaining the program and why it is a benefit to them. An application fee has not been agreed upon. He worked on a simple application for submittal, and a simple checklist of submittal items. One would need to show their Warranty Deed, either the property owner and or applicant must show authorization, provide survey if available, provide the legal description, and a surrounding property owners list would be required. Supplemental supporting information could be optional. Planner Smith commented at some point, we need to go over these 55 properties and discuss the recommendations made, some of them are going to be cut and dry, some you will say hold on, as existing Future Land Uses are different. Approving whether they should be Single Family or Multi-Family as an example. After discussion, the consensus of the Board was to have the City Planner bring it back for further discussion. They were happy with the notification letter and checklist and asked for a proposed fee. VICE CHAIRPERSON MCCOY ADJOURNED THE WORKSHOP AND RECONVENED THE REGULAR MEETING AT 8:03 P.M. VII. There being no further items on the agenda, Vice Chairperson McCoy adjourned the meeting at 8:03 P.M. Doug McCoy, Vice Chairperson ATTEST: Patty M. Burnette, Secretary Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, he/she may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services’ media are for the sole purpose of backup for official records.