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1273, #23-001-R, H to IND ORDINANCE NO. 1273 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; • AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING TO INDUSTRIAL; PETITION NO. 23-001-R; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Be A Man Buy Land, LLC has heretofore filed Petition No. 23-001-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of approximately 0.36 acres from Holding to Industrial; and WHEREAS, said Petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review, that such Petition is consistent with the Comprehensive Plan; and WHEREAS, said Petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on April 20, 2023, determined that such Petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds Rezoning Petition No. 23-001-R to be consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth. NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1: LEGAL DESCRIPTION. The following described land consisting of approximately 0.36 acres, as the subject property, located in the City of Okeechobee, to-wit: UNPLATTED LANDS OF THE CITY NORTH HALF OF NORTHWEST QUARTER OF SOUTHEAST QUARTER LYING NORTH OF SAL RAILROAD SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. SECTION 2: ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property to be changed from Holding to Industrial. 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 All ordinances or parts of ordinances in conflict herewith are hereby repealed.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. Ordinance No. 1273, Page 1 of 2 SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective thirty-one (31) days after its adoption if the associated Zoning Map Amendment, No. 23-001-R, is adopted and not timely challenged. If the Comprehensive Plan is timely challenged, this • ordinance shall become effective on the date the State Land Planning Agency, or the Administration Commission enters a final order determining the Zoning Map Amendment to be in compliance. INTRODUCED for First Reading and set for Final Public Hearing on this 16th day of May 2023. Dowling R. Watfoj r.", Mayor ATT ST: ' C (Al(7 Lane amiotea, C C, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 20th day of June 2023. As required by City Charter Section C-4.1.C, ordinances shall be adopted by roll call on final reading and recorded, the vote was as follows: Yes No Abstained Absent Council Member Chandler: x Council Member/Vice Mayor Clark: X Council Member Jarriel: x Council Member McAuley: x Mayor Watford: x Dowling R Watfor J ., May r ATT ST: , Nut4O---' ane amiotea Cf\. C, City Clerk REVIEWED FOR LEGAL S FF CIENCY: n J. mero, City Attorney Ordinance No. 1273, Page 2 of 2 327 Ord k0.1L993 '��� q.• •00. _ CITY OF OKEECHOBEE, FLORIDA - Q3-001—g a ' JUNE 20, 2023, REGULAR CITY COUNCIL MEETING \oT,. MEETING MINUTES I. CALL TO ORDER Mayor Watford called the regular meeting of the City Council for the City of Okeechobee to order on June 20, 2023, at 6:05 P.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. The invocation was offered by Pastor Chad Keathley, Okeechobee Church of God; followed by the Pledge of Allegiance led by Council Member McAuley. II. ATTENDANCE Roll was taken by City Clerk Lane Gamiotea to establish a quorum. Members present: Mayor Dowling R. Watford, Jr., Vice Mayor Monica M. Clark, Council Members Noel A. Chandler, Robert "Bob" J. Jarriel, and David R. McAuley. III. AGENDA AND PUBLIC COMMENTS A. There were no requests for items to be added, deferred, or withdrawn from the agenda. B. Motion by Vice Mayor Clark, second by Council Member McAuley to approve the agenda as published. Motion Carried Unanimously. C. One comment card was submitted by Mr. John Hayford, Executive Director of the Okeechobee Utility Authority, providing an update on the Southwest(SW) Service Area Project, Treasure Island Project, and the SW 5th Avenue Project. As a community outreach, the OUA is hosting a Town Hall Meeting style meeting on June 27, 2023, at The Gathering, all property owners within the SW Service Area were sent invitations, and all the public is welcome to attend. In closing he noted the OUA's Board was looking forward to the Council finalizing the adoption of the mandatory connection ordinance, which will assist them in accruing grants and/or loans. IV. CONSENT AGENDA A. Motion by Council Member Jarriel, second by Vice Mayor Clark to approve the May 2023 Warrant Register [in the amounts: General Fund, $607,209.45; Public Facilities Improvement Fund, $82,763.75; Capital Improvement Projects Fund, $12,120.04; and Appropriations Grant Fund, $675.00; [as presented]. Motion Carried Unanimously. V. MAYOR WATFORD OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT 6:21 P.M. The following items are quasi-judicial in nature.In accordance with section 286.0115,Florida Statutes(FS),an opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, may be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross- examination,If you do not wish to be either cross-examined or sworn,your testimony will be given its due weight.The general public may request the Board to ask questions of staff or witnesses on their behalf. Any person presenting documents to the Council should provide the City Clerk with a minimum of 10 copies. Further details of the quasi-judicial procedure may be obtained from the Clerk. No verbatim record by a certified court reporter is made of these proceedings.Accordingly,any person who may seek to appeal any decision involving the matters noticed herein will be responsible for making a verbatim record of the testimony and evidence at these proceedings upon which any appeal is to be based(see Section 286.0105, FS,). In accordance with the Americans with Disabilities Act and Section 286.26, FS, persons needing a special accommodation to participate in this proceeding should contact the City Clerk's office at 863-763-9814 seventy-two(72)hours in advance of this proceeding. A. Motion and second by Council Members Chandler and McAuley to read by title only proposed Ordinance No. 1273, regarding Rezoning Petition No. 23-001-R, submitted by Rene Griffith, Registered Agent, on behalf of the property owner, Be A Man Buy Land, LLC, to rezone 0.36+/- unplatted acres from Holding (H) to Industrial (IND). The property is a triangular-shaped vacant, unaddressed parcel, located contiguous to the West-side of the East City Limits Boundary Line, North of the railroad tracks, and South of Northeast 12th Avenue. The proposed use is outdoor storage. Planning Staff and Planning Board recommend approval [as presented in Exhibit 1]. Motion Carried Unanimously. City Attorney John Fumero read the title of proposed Ordinance No. 1273 as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM H TO IND; PETITION NO. 23-001-R; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Motion by Council Member Chandler, second by Vice Mayor Clark to adopt proposed Ordinance No. 1273. Attorney Fumero administered an oath to Ms. Griffith, 4260 SE Federal Highway, Stuart, FL and Mr. Ben Smith, City Planner of Morris-Depew Associates, Inc., 2914 Cleveland Avenue, Ft. Myers, FL. JUNE 20, 2023, CITY COUNCIL REGULAR MEETING, PAGE 1 OF 4 328 V. QUASI-JUDICIAL PUBLIC HEARING CONTINUED A. Continued. Planner Smith, attending electronically via Zoom, presented the Planning Staff Report which finds the request is consistent with the City's Comprehensive Plan. Clerk Gamiotea stated for the record 22 courtesy notices were mailed to the surrounding property owners, advertisements, and one sign were properly posted, with no objections or comments received to date. There were no comments from the Council. Roll Call Vote: Chandler— Yea, Clark — Yea, Jarriel — Yea, McAuley — Yea, Watford — Yea. Motion Carried. MAYOR WATFORD CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT 6:27 P.M. VI. MAYOR WATFORD OPENED THE PUBLIC HEARING AT 6:28 P.M. A. Motion and second by Council Members Jarriel and McAuley to read by title only, proposed Ordinance No. 1274, amending and creating Code Enforcement Fine Reduction Procedures within Chapter 18 of the Code of Ordinances [as presented in Exhibit 2]. Motion Carried Unanimously. Attorney Fumero read title of proposed Ordinance No. 1274 into the record as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; RELATING TO REQUESTS FOR CODE ENFORCEMENT FINE REDUCTIONS, AMENDING PART II OF THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE WITHIN CHAPTER 18 CODE ENFORCEMENT, ARTICLE II CODE ENFORCEMENT PROCEDURE, BY SPECIFICALLY AMENDING SECTION 18-38 POWERS OF MAGISTRATE; SPECIFICALLY AMENDING SECTION 18-39 FINE REDUCTION REQUEST PROCESS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE." Motion and second by Council Members Jarriel and Chandler to adopt proposed Ordinance No. 1274. There were no comments from the public or Council. Roll Call Vote: Chandler — Yea, Clark — Yea, Jarriel — Yea, McAuley —Yea, Watford — Yea. Motion Carried. B. Motion by Council Member Chandler, second by Vice Mayor Clark to read by title only, proposed Ordinance No. 1272, regarding Land Development Regulations(LDRs)Text Amendment Application No. 23-001-TA, amending and creating regulations for Mobile Food Dispensing Vehicles (MFDV) (food trucks)within Chapters 14 and 90 of the Code of Ordinances [as presented in Exhibit 3]. Motion Carried Unanimously. Attorney Fumero read the title of proposed Ordinance No. 1272 into the record as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; RELATING TO THE REGULATION OF THE OPERATION OF MFDV WITHIN THE CITY LIMITS, LDR TEXT AMENDMENT APPLICATION NO. 23-001-TA; AMENDING PART II OF THE CITY CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE WITHIN CHAPTER 14 BUSINESSES, BY SPECIFICALLY AMENDING ARTICLE VI MFDV, ALLOWING FOR OPERATION OF MFDV AT HOUSES OF WORSHIP AND IN THE COMMERCIAL PROFESSIONAL OFFICE (CPO), LIGHT COMMERCIAL (CLT), HEAVY COMMERCIAL (CHV), CENTRAL BUSINESS DISTRICT (CBD), AND IND ZONING DISTRICTS AND ALLOWING FOR OPERATION OF MFDV IN CONJUNCTION WITH A TEMPORARY USE PERMIT; AND WITHIN CHAPTER 90 ZONING, BY SPECIFICALLY AMENDING ARTICLE III DISTRICT AND DISTRICT REGULATIONS, ALLOWING FOR MFDV AS A SPECIAL EXCEPTION USE IN THE CPO, CLT, CHV, CBD, IND, PUBLIC USE (PUB), AND RURAL HERITAGE (RH)ZONING DISTRICTS AND ARTICLE IV, SUPPLEMENTARY DISTRICT REGULATIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE." Motion and second by Council Members Chandler and McAuley to approve the first reading and set July 18, 2023, as the final adoption date for proposed Ordinance No. 1272. Planner Smith reviewed 2020 legislation that pre-empted local governments from prohibiting MFDV in all zoning districts. The proposed Ordinance was discussed at a Planning Board Workshop on March 16, 2023, and Planning Board meetings on April 20, 2023, and May 16, 2023. Mayor Watford opened the floor for public comment. There were no comments from the public. Following a discussion, Council Member Jarriel made a motion to amend proposed Ordinance No. 1272, to only allow the operation of MFDV within the IND zoning districts. Motion failed due to lack of a second. Motion by Vice Mayor Clark, second by Council Member Jarriel to amend proposed Ordinance No. 1272 to only allow MFDV in zoning districts restaurants are currently allowed in. Planner Smith clarified the motion to amend would remove allowing MFDV by special exception use in the PUB and RH zoning districts. Motion to Amend Carried Unanimously. Vote on Motion As Amended Carried Unanimously. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 7:17 P.M. JUNE 20, 2023, CITY COUNCIL REGULAR MEETING, PAGE 2 OF 4 FILE COPY L d.fit/ 73 /F,O�y.OF O I' CITY OF OKEECHOBEE, FLORIDA a� -R _ PLANNING BOARD MEETING ;,,,��°'� APRIL 20, 2023 SUMMARY OF BOARD ACTION I. CALL TO ORDER Chairperson Hoover called the regular meeting of the Planning Board for the City of Okeechobee to order on Thursday, April 20, 2023, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast(SE) Third Avenue, Room 200, Okeechobee, Florida. The invocation was offered by Mr. Noel Chandler;followed by the Pledge of Allegiance. II. ATTENDANCE Roll was taken by Board Secretary Patty Burnette. Chairperson Dawn Hoover, Board Members Phil Baughman, Karyne Brass, Rick Chartier, Mac Jonassaint and Alternate Board Members Jon Folbrecht and Jim Shaw were present. Vice Chairperson Doug McCoy,and Board Member Carl Berlin,Jr.,were absent with consent.Chairperson Hoover moved Alternate Board Members Folbrecht and Shaw to voting position. III. AGENDA A. There were no items added, deferred, or withdrawn from the agenda. B. Motion by Member Jonassaint, seconded by Member Brass to approve the agenda as presented. Motion Carried Unanimously. C. There were no comment cards submitted for public participation. IV. MINUTES A. Motion by Member Brass, seconded by Member Jonassaint to dispense with the reading and approve the February 16, 2023, Regular Meeting minutes and the March 16,2023, Workshop Meeting minutes. Motion Carried Unanimously. V. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:03 P.M. A. Land Development Regulation (LDR) Text Amendment Application No. 23-001-TA proposes to amend Chapters 14 and 90 of the City's Code of Ordinances to allow and regulate the operation of Mobile Food Dispensing Vehicles(MFDVs). 1. City Planning Consultant Mr. Ben Smith of Morris-Depew Associates, Inc. gave a brief overview for those not in attendance at the March 16, 2023, Workshop Meeting. He then reviewed a proposed ordinance which included classifications of different MFDVs, regulations for operating on private property, operating by right in the Industrial (IND) Zoning District, possible Special Exception and Temporary Use Permit processes in other zoning districts, operating in the public rights-of-way, general operating standards, and enforcement. 2. Justin and Dmitri Bellamy, 1116 20th Street, Octavio and Joie Montiel, 8600 Southwest(SW)9th Street,Tommy and Jennifer Harden,81 SW 21 St Terrace, Briana Leske, 10200 Northeast (NE) 12th Street, and James Crowley, 307 Northwest (NW) 3rd Street, all of Okeechobee, Florida, spoke regarding MFDVs currently not being allowed to operate on properties without owners written permission, as they would lose their licenses otherwise; that MFDVs must pay taxes, insurance, and have repeated inspections that are costly. MFDVs owners would like to operate on a Peddlers Permit or similar to such in the City of Okeechobee and have minimal restrictions. 3. There were no Ex-Parte disclosures offered. 4. After a lengthy discussion among the Board and direction to the Planner to review some other local jurisdiction's ordinances, a motion was made by Member Folbrecht, seconded by Member Chartier, to continue LDR Text Amendment Application No.23-001-TA as presented in[Exhibit 1]to the May 18, 2023, meeting. Motion Carried Unanimously. QUASI-JUDICIAL ITEM B. Rezoning Petition No. 23-001-R, requests to rezone 0.36± unplatted acres from Holding (H) to IND, located contiguous to the West-side of the East City Limits Boundary Line, North of the railroad tracks, and South of NE 12th Avenue for the proposed use of outdoor storage. April 20,2023,Planning Board Meeting Page 1 of 2 V. QUASI-JUDICIAL PUBLIC HEARING ITEM B CONTINUED 1. Notary Public Patty Burnette administered an oath to Ms. Rene Griffith, In- house Attorney and Registered Agent, on behalf of the Property Owner, Be A Man Buy Land, LLC, 4260 SE Federal Highway, Stuart, FL, and Mr. Ben Smith, Morris-Depew Associates, Inc., 2914 Cleveland Avenue, Fort Myers, FL, who responded affirmatively. 2. City Planning Consultant Smith briefly reviewed the Planning Staff Report finding the requested rezoning from H to IND for the subject property to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the pattern of land use, therefore recommending approval. 3. Ms. Rene Griffith, Registered Agent, on behalf of the Property Owner, Be a Man Buy Land, LLC,was present and available for questions. Member Brass asked for clarification of what the outdoor storage use would be. Ms. Griffith commented they had chosen open storage to market the property. 4. No Ex-Parte disclosures were offered. 5. Motion by Member Chortler, seconded by Member Folbrecht to recommend approval to the City Council for Rezoning Petition No.23-001-R as presented in[Exhibit 2,which includes the findings as required for granting Petitions per Code Section 70-340; and the Planning Consultant's analysis of the findings and recommendation for approval]. Motion Carried Unanimously. The recommendation will be forwarded to the City Council for consideration at Public Hearings tentatively scheduled for May 16, 2023, and June 20, 2023. CHAIRPERSON HOOVER CLOSED THE PULIC HEARING AT 8:18 P.M. VI. CITY ADMINISTRATOR UPDATE No updates provided at this time. VII. Chairperson Hoover adjourned the meeting at 8:18 P.M. Submitted by: Patty M. Burnette, Secretary Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board 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. April 20,2023,Planning Board Meeting Page 2 of 2 a �KcLo " PUBLIC MEETING NOTICE _, "' " ;'''' PLANNING BOARD NOTICE IS HEREBY GIVEN that the City of Okeechobee Planning Board (PB) meeting as the Local Planning Agency, will conduct a meeting on April 20, 2023, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd AVE, Rm 200, Okeechobee, FL. The public is invited to attend and be heard on all matters. Copies of the agenda will be available at the meeting or may be viewed/downloaded from the website https://www.cityofokeechobee.com/AgendaMinutes- Planning Board.html. The following Application(s)/Petition(s) will be considered to receive input at a Public Hearing during this meeting, which can be viewed/downloaded in their entirety at https://www.cityofokeechobee.com/public- notice.html or inspected in the General Services Office at the address above, during normal business hours, Monday-Friday, 8 AM-4:30 PM, excluding holidays: • No. 23-001-TA: Land Development Regulations Text Amendment Application, submitted by City Staff, requesting to amend Chapter 14, Businesses, to allow and regulate the operation of mobile food vending vehicles (food trucks) by adding Section VI; amend Chapter 90, Zoning, to allow food trucks as a special exception use in Industrial and Heavy Commercial zoning districts; and create supplemental use standards for food trucks. A recommendation to approve or deny Application No. 23-001-TA will be forwarded to the City Council, TENTATIVELY scheduled for 6 PM on May 16, 2023 (First Reading) and Public Hearing on June 20, 2023 (Final Adoption). • No. 23-001-R: (Quasi-Judicial Item): Rezoning Petition, submitted by Rene Griffith, Registered Agent, on behalf of the property owner, Be A Man, Buy Land, LLC. Requesting to rezone 0.36+/- unplatted acres, from Holding to Industrial. The subject property is a triangular-shaped vacant, unaddressed parcel, located contiguous to the West-side of the East City Limits Boundary Line, North of the railroad tracks, and South of NE 12th Avenue. The proposed use is outdoor storage. A recommendation to approve or deny Petition No. 23-001-R will be forwarded to the City Council, TENTATIVELY scheduled for 6 PM on May 16, 2023 (First Reading) and Public Hearing on June 20, 2023 (Final Adoption). Legal Description: UNPLATTED LANDS OF THE CITY NORTH HALF OF NORTHWEST QUARTER OF SOUTHEAST QUARTER LYING NORTH OF SAL RAILROAD SECTION 15, TOWNSHIP 37 S, RANGE 35 E, OKEECHOBEE COUNTY, FLORIDA. BE ADVISED that should you intend to show any document, picture, video, or items to the PB in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the PB with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participate in this proceeding should contact the General Services Office in person or call 863-763-9824, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. ONE OR MORE CITY OF OKEECHOBEE COUNCIL MEMBERS MAY BE IN ATTENDANCE AT THIS MEETING. Mr 1OTICE IS POSTED TO MEET STATE PUBLIC NOTICE REQUIREMENTS AND SUNSHINE LAWS. By: Dawn Hoover, Board Chairperson BB/Website Notice Posted 3/31/23,SM Posted 4/13/23 i FILE COPY II// Lake Okeechobee News INDEPENDENT 313 NW 4th Avenue Okeechobee, FL 34972 863-763-3134 NEWSMEDIA INC. USA STATE OF FLORIDA CITY OFOKEECF,OBEE COUNTY OF OKEECHOBEE PUBUCNOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION Before the undersigned authority personally appeared Ka- NOTIOE S FtEREBYGLVFNfhat a 1A4-IDDICIALPUBLIICHEAR- trina Elsken Muros, who on oath says that she is Editor 2 2Oz3 9X" c`x' , el in Chief of the Lake Okeechobee News, a weekly news- "� c ��d and paper published in Okeechobee County, Florida; that the "�� The Fttium B U)resale br,A,' saes,from Ft>ti'm i '. attached copy of advertisement, being a Public Notice in The sbje2a�lY Lsatdax�ar9aped waG�u,ad3e$al parrPJ,braOed the matter of t ddNE 1zu Aast Itis proposed o the "d"'- �6 a,hdca- Public Notice UNPIATR®OF9 LANDS OFTFE CITY NORTH HALF OF of SAL RAnL�Sao in the 19th Judicial District of the Circuit Court of D1T'TLST EORTH T stcrmrl u,��s,�RANGE ss 4 a�aRost£muNrY,FLORma Okeechobee County, Florida,was published in said news- ,,,ems my ; cia , cr inspicted; ts entirety(tern paper in the issues of egulah"Iur,tillw.//www.dtypfoleethoteeconypubic-nctcehtrri,cr 04/05/23. 04/12/23 A abtc rtTMaanng�r-�i-gg for a t thr]art a's tended as a'Y l-Juldar pro- ng en Nhoa oide atelantial andm1 .1 etJo Munn a (Print Dates) sdro Y r��6PM i 6b02 st )aldi or by publication on the newspapers website,if authorized, P1oc riminga,)Ise 20,2023 MINN kicCecn). on BE ADVISED UTat shall you Intend to thou airy da net,Gm+e,vida>, artemstotePernsypatv warty Ran an Ue ,awpyd 04/05/23, 04/06/23, 04/07/23, 04/08/23. 04/09/23.04/10/23.04/11/23. 'hachuret prhre,',ldao,or matte tome se❑�rY Or the CIA ids ANY PERSON DECID 7O APPEAL deu9a7 04/12/23 rredebyuePB hseamairy eeromedealatatsV MI real to ertsuea Wattatkn remN dUe pooeefrg's made and Ue a,.fU (Website Dates) 'adldes Ue te3trnrry and ea, rAi3 the appeal wi Be tined.In a weBea,eAh the Aoa,Eee wth Oi�t>tRles P[fp,tpPp��T�tgwth d�btEes Affiant further says that the newspaper complies with all om fldi ettt'� 4, th"Li"°aFtrida � 2E3-9B2 � TTsiral: legal requirements for publication in Chapter 50, Florida ` ''I-Ir"ma"� �`tteiress da s°o m"� By Ben Smm,CLY PlanniV Cal9LartNn 23-001-2 Statutes. 5915141LN 4/5,12/2023 1 / ,—,..- Katrina Elsken Micros I , 3 4 5 6 3 8 Sworn to and subscribed before me by means of ¢� A 9,0 RECEIVED ❑Physical Presence �X Online Notarization z physical presence or online notarization, this APR 1 2 2023 12th day of April. 2023. K\N �� a vi , -..:--_:4--. ,...,....:. m..::,..,...,..„.,,...„.„.P14 11g 1-16 '1 (Signature of Notary Public) STAMP OF NOTARY PUBLIC \��.OF'- OKF�.. ` y°m PUBLIC NOTICE ��Fcra-tt , �3 tt. ''� CITY COUNCIL MEETING �fr��" ` 3 -0 - NOTICE IS HEREBY GIVEN that the City Council for the City of Okeechobee will conduct a Regular Meeting on June 20, 2023, at 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd AVE, Rm 200, Okeechobee, FL. The public is invited to attend and be heard on all matters. Copies of the agenda will be available at the meeting, or prior to the meeting, and may be viewed and/or downloaded from https://www.cityofokeechobee.com/Agenda Minutes-CityCouncil.html. In addition to general items of discussion and consideration, a Public Hearing will be conducted to consider the following proposed ordinances, which can be inspected in their entirety at https://www.cityof okeechobee.com/public- notice.html or in the City Clerk's Office during normal business hours, Monday-Friday, 8:00 AM to 4:30 PM, excluding holidays: • ORDINANCE NO. 1272: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; RELATING TO THE REGULATION OF THE OPERATION OF MOBILE FOOD DISPENSING VEHICLES (MFDV) WITHIN THE CITY LIMITS, LAND DEVELOPMENT REGULATION TEXT AMENDMENT APPLICATION NO. 23-001-TA; AMENDING PART II OF THE CITY CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE WITHIN CHAPTER 14 BUSINESSES, BY SPECIFICALLY AMENDING ARTICLE VI MFDV, ALLOWING FOR OPERATION OF MFDV AT HOUSES OF WORSHIP AND IN THE COMMERCIAL PROFESSIONAL OFFICE (CPO), LIGHT COMMERCIAL (CLT), HEAVY COMMERCIAL (CHV), CENTRAL BUSINESS DISTRICT (CBD), AND INDUSTRIAL (IND) ZONING DISTRICTS AND ALLOWING FOR OPERATION OF MFDV IN CONJUNCTION WITH A TEMPORARY USE PERMIT; AND WITHIN CHAPTER 90 ZONING, BY SPECIFICALLY AMENDING ARTICLE III DISTRICT AND DISTRICT REGULATIONS, ALLOWING FOR MFDV AS A SPECIAL EXCEPTION USE IN THE CPO, CLT, CHV, CBD, IND, PUBLIC USE (PUB), AND RURAL HERITAGE (RH) ZONING DISTRICTS AND ARTICLE IV, SUPPLEMENTARY DISTRICT REGULATIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading Public Hearing, Final Public Hearing/Adoption tentatively scheduled for July 18, 2023. The Ordinance addresses Land Development Regulation Text Amendment Application No. 23-001-TA relating to regulations for Food Trucks within the City Limits. • ORDINANCE NO. 1273: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING TO INDUSTRIAL; PETITION NO. 23-001- R; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The Ordinance considered for adoption addresses Rezoning Petition No. 23-001-R, submitted by Rene Griffith, Registered Agent, for property owner Be A Man, Buy Land, LLC., to rezone 0.36+/- unplatted acres. The property is a triangular-shaped vacant, unaddressed parcel, located contiguous to the West-side of the East City Limits Boundary Line, North of the railroad tracks, and South of NE 12th AVE. The proposed use is outdoor storage. • ORDINANCE NO. 1274: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; RELATING TO REQUESTS FOR CODE ENFORCEMENT FINE REDUCTIONS, AMENDING PART II OF THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE WITHIN CHAPTER 18 CODE ENFORCEMENT, ARTICLE II CODE ENFORCEMENT PROCEDURE, BY SPECIFICALLY AMENDING SECTION 18-38 POWERS OF MAGISTRATE; SPECIFICALLY AMENDING SECTION 18-39 FINE REDUCTION REQUEST PROCESS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The Ordinance considered for adoption amends the process for requesting and granting Code Enforcement fine reductions on properties in compliance. BE ADVISED that should you intend to show any document, picture,video,or items to the Council in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participate in this proceeding should contact the City Clerk's Office in person or call 863-763-9814, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. By: Mayor Dowling R. Watford, Jr. City Clerk Lane Gamiotea NOTICE POSTED:6/6/23-BB/WEBSITE,6/13/23-SM FILE COPY Q,624i- 9 73 0-,20 a3 403-00/-R CO. ill Lake Okeechobee News INDEPENDENT 313 NW 4th Avenue Okeechobee, FL 34972 863-763-3134 NEWSMEDIA INC. USA STATE OF FLORIDA QTYOFOICEEoiOeff COUNTY OF OKEECHOBEE PUBUCNOICE AERATION OF ADOPTING A QTY ORDINANCE Before the undersigned authority personally appeared Ka- ,o,IDS„ ,,ca,„„,,,,,,„,,„,,,o,,,r,a„,,a,„„, trina Elsken Muros, who on oath says that she is Editor V CCndX1: ' m2, Tm , in Chief of the Lake Okeechobee News, a weekly news- 1gforadopbahofthekiiovirh2QdrahoetRitrw(No.1273): paper published in Okeechobee County, Florida; that the ,gin OfFIlIca�G �o'F 117E. attached copy of advertisement, being a Public Notice in PP7(1°I MEECIAARL17 HHCE or., ZONING MAP the matter of A �ACT;THE Public Notice TMI PROVIDING FOR AN EFFECTIVE DATE The ordreme addesa Ris:crirg Palm Na 23001-tt,s6mEd by Rene in the 19th Judicial District of the Circuit Court of ° .36° ` lf�" " y Be" vao1Lr,adaegsed i d,IooR1darti7rniatotheNi st4deoftI-eEEallt Okeechobee County, Florida, was published in said news- y,,a r�,r�u,ea�m, gds�n�flzu, paper in the issues of Aurae.The peposed use sahfoa storage Legal Description:LiNPLATTED LANDS OF THE CITY NORTH HALF OF 06/07/2 3 NORTHWEST QUARTER OF SOUTHEAST QUARTER LYING NORTH OF SAL RAILROAD SECTION 15,TOWNSHIP 37 5,RANGE 35 E, (Print Dates) OKEECHOBEE COUNTY,FLORIDA. :itpubic 6 invied m attend n,e Pubic Hearig and be heard an or by publication on the newspaper's website,if authorized, attrrs Tt a poposerl adra o°mn Put:' n is eti try at the adder abo a thing regLiar bakes boos,Mon-Fri,8 AM4:30 PM,oaept on fa holidays,a m the vaete https/M^wv+" ccbeemrNpUiicro- 06/07/23, 06/08/23. 06/09/23. 06/10/23.06/11/23.06/12/23, 06/13/23 toe.ltmL (Website Dates) BE ADVISE)that d wu intend to show any cburet,*lure,Video, a terns to the Ctvd'rh s.pport acccatc h to any ten m the agenda,a mpycfthedoaanet,pidlre,Video,a tem must to paned to the ayark Affiant further says that the newspaper complies with all ra � 4 legal requirements for publication in Chapter 50, Florida need:ewe a vetatrn record dthe p[medrg is rrhale aid thee racad ihdrles the testimry and aidehoe Uss,whit the appeal wi be bilged.In Statutes. accadance—wilia the Pnt...Mil Dtatilibin Pa,paw w6,asztaities neeIng sadal a.ua 1 r r'Abu h to{atdipate in this peoaec rg 4hald ortaa the ay Oaks(Ace n pas ad 863-763-8514,IFieairg Impaired:Haida Retry 7-1-1 no fats than for Wares days prior to proxedr'g. BY Cty Clek Lane Ga notes,Q 1C 600234 LCN 6/7R023 r =/ f't Katrina Elsken Maros Sworn to and subscribed before me by means of 2 3\ ElPhysical Presence �X Online Notarization (--- sphysical presence or online notarization, thisQEI �7th day of June. 2()23. ECEIVED JUN 0 8 20Z3 0 �cc � 1 a � :" : hti' ,•.t6t_.SU4Cu!•I12a'.I xF i3: lag 2., ,. +. p~ T. yfrp?;till: e.2 (Signature of Notary Public) STAMP OF NOTARY PUBLIC (i.Li 0Le-) Till-1-i j n")lac (--/-/a? 23-001-R Rezoning Staff Report r ..7 A A l flit ply if.. i ti ��RAtt•< ifir - . 1 011*.' 2"'",4. : ,. ..: ....,4„... ....-IfF • ; I, lik . = tr 1., _ 1 ���tk. 4G C 1 VI1 ti • :•!, ::' 71,*],p-i: -- - ,t.,,iir, ,... . -.7.-,:,. -.,,,t.,alt r . ' 4.,',ff•...:4/4!::: i itp"1—: ' -.‘ •.'„,x, -;-.00-47;,i, -7Xtief:0-• in... -.70. :- . ins k J,!V M s , .l • v ad ', � i. ' 4kf � aa9 d 3 j .i Applicant I Be A Man Buy Land, LLC Parcel Identification 12-15-37-35-0A00-00003-A000 Air-.oF.oyLy?G O + ems,~ aII- Prepared for The City of Okeechobee MORRIS 1 DEPEW Rezoning Request 4/10/2023 Staff Report Petition No. 23-001-R General Information Owner: Be A Man Buy Land, LLC Applicant: Be A Man Buy Land, LLC Primary Contact/Agent: Rene Griffith,(772)546-4101 Parcel Identification: 2-15-37-35-0A00-00003-A000 Legal Description UNPLATTED LANDS OF THE CITY N1/2 OF NW 1/4 OF SE 1/4 LYING NORTH OF SAL RR 15 37S 35E. Future Land Use, Zoning, and Existing Use of Subject Property Existing Proposed Future Land Use Industrial Industrial Zoning Holding Industrial Use of Property Vacant Open storage Acreage .36 .36 Future Land Use, Zoning, and Existing Use of Surrounding Properties Future Land Use Zoning Existing Use North Industrial Industrial Vacant Urban Residential Mixed Use Residential Mixed East (Okeechobee County) (Okeechobee Retail County) South Commercial Heavy Commercial Railroad;Vacant West Commercial Heavy Commercial Vacant Description of Request and Existing Conditions The request for consideration by the Okeechobee County Planning Board is a Rezoning Application, to change the zoning designation of a vacant 0.36-acre parcel from Holding to Industrial. The applicant is availing themselves of the Holding Rezoning program,which encourages property owners to rezone land which is zoned Holding and provides for reduced application fees and application submittal requirements as an incentive to do so. CITY OF OKEECHOBEE 1 I MORRIS DEPEW Rezoning Request 4/10/2023 Staff Report Petition No. 23-001-R Consistency with LDC Section 70-340 City LDC Section 70-340 requires that applicants for rezoning requests must address the following standards. 1) The request is not contrary to comprehensive plan requirements Applicant Response: No, the proposed request is not contrary to the comprehensive plan requirements. The current zoning for the property is Holding and the Future Land Use for the property is Industrial. The applicant is requesting a rezoning to Industrial. The City Council has encouraged property owners in the past located in the Holding zoning district to rezone to other zoning districts which are supported by the Future Land Use Map. Staff Response: The subject property is designated Industrial on the City of Okeechobee Future Land Use Map.The City of Okeechobee Comprehensive Plan does not mention the Holding zoning district or contemplate it as appropriate in any FLU category though it does identify the Industrial (IND) zoning district as an appropriate district within the Industrial FLU category. This rezoning request is consistent with the comprehensive plan. 2) The use is specifically authorized under the zoning district regulations applied for. Applicant Response:Yes,the Future Land Use for the subject property is Industrial. Staff Response: The Applicant has identified open storage as the proposed use of the property. "Outdoor sales and storage, building trades contractor" is listed as an permitted use within the Industrial (IND)zoning district. 3) Approval of the request will not have an adverse effect on the public interest. Applicant Response: The proposed use will not have an adverse effect on the public interest as the Future Land Use is Industrial. Staff Response:The subject property is triangularly shaped and is designated Industrial FLU. The Okeechobee Commerce Center,the City's designated industrial park, is adjacent to the north.The railway is adjacent to the south and west, with vacant property beyond designated heavy commercial zoning. The eastern border of the property is also the City's eastern border.The area of unincorporated Okeechobee County that lies to the east is mixed use residential and commercial,though the property immediately adjacent to the east contains an existing retail use. Industrial uses at this location will not have an adverse effect on the public interest. 4) The use is appropriate for the location proposed, is reasonably compatible with adjacent uses, and is not contrary or detrimental to urbanizing land use patterns. Applicant Response: The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses and is not contrary to or detrimental to urbanizing land use patterns as the Future Land Use for the subject property is Industrial and the adjacent properties in the City surrounding the subject property are either zoned Industrial or Holding. CITY OF OKEECHOBEE 2 I MORRIS MEV DEPEW Rezoning Request 4/10/2023 Staff Report Petition No. 23-001-R Staff Response: As a point of clarification (the applicant may not be aware), the property to the immediate south and west was recently rezoned from Holding to Heavy Commercial. Based on the pattern of land uses as described in the staff response above,staff find that the proposed use is reasonably appropriate for the location proposed, is compatible with adjacent uses, and is consistent with prevailing land use patterns. 5) Approval of the request will not adversely affect property values or living conditions,nor be a deterrent to the improvement or development of adjacent properties. Applicant Response: The proposed use will not adversely affect property values or living conditions or be a deterrent to the improvement or development of adjacent property as the properties in the City surrounding the subject property are either zoned Industrial or Holding. Staff Response:The proposed use should not adversely affect property values or living conditions, nor be a deterrent to the improvement or development of adjacent properties. 6) The use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. Applicant Response:The Future Land Use for the subject property is Industrial and the properties surrounding the subject property are either Holding, Industrial or Residential Mixed and, therefore, the change in zoning is consistent with the area and there shouldn't be any nuisance or hazard to the neighborhood. Staff Response:The property is not large enough to accommodate many types of industrial uses, large structures,or significant buffering.However,there is adequate area to provide the minimum landscape buffering and to provide a 5-foot-tall fence on the east side in accordance with LDC 90- 454. The property will be subject to all standards and regulations set forth by the Land Development Code, including all required setbacks, buffers, and screening. 7) Approval of the request will not create a density pattern that would overburden public facilities such as schools, streets, and utility services Applicant Response: No, the proposed use is for outdoor storage and therefore would not overburden public facilities such as schools,streets and utility services. Staff Response: No residential density is proposed. 8) Approval of the request will not create traffic congestion,flooding or drainage problems, or otherwise affect public safety Applicant Response: No,the proposed use is for outdoor storage and therefore would not create traffic congestion,flooding, drainage problems, or affect public safety. Staff Response: Industrial use of this property is unlikely to create any traffic congestion,flooding or drainage problems, or otherwise affect public safety. CITY OF OKEECHOBEE 3 MORRIS ins DEPEW Rezoning Request 4/10/2023 Staff Report Petition No. 23-001-R 9) The use has not been inordinately burdened by unnecessary restrictions. Applicant Response: As of date, the proposed use has not been inordinately burdened by unnecessary restrictions. Staff Response:There are no active uses associated with this property that staff is aware of and the proposed use has not been inordinately burdened by unnecessary restrictions. Recommendation Based on the materials provided by the applicant and the above analysis, we find that this request to rezone the subject parcel from Holding to Industrial (IND) is consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and is consistent with the pattern of land use. Staff recommend approval of this request. Submitted by: Ben Smith,AICP Director of Planning April 10, 2023 Okeechobee Planning Board Hearing April 20, 2023 City Council Public Hearing: (tentative) May 16, 2023,and June 20, 2023. CITY OF OKEECHOBEE 4 MORRIS DEPEW Rezoning Request 4/10/2023 Staff Report Petition No. 23-001-R Supplemental Exhibits NE 9TH STTRACT o. I:. .:-;:...:i.; --'\ '''---, \ �_� T W E TRACT ii _�- •. or 1MCT•M t 1 • • W �1l I � Z 1 i I hEABBOARD COAST LINE RAILROA �.. 1 • NE Iglink ZONING • subject .ro. Property rt M. -_ eroww.aEaNOEn ONE 1 70_ IIIII .ENN...,NEs.•,N;. `r� • ,ip NE 1T al MEAN u 1 ell .. C. U. .*: S y • , • PAWS/OWL r.1 Z z - ....c- i ;.:-.-12- }- NE 5TH ST__ ; iti .PLOP, UP.DEVELOPMENT APS.,.. T ,S III in n . t•1TT T TT in N T. • PUNNED T.'b,.EVEEOPMEN+NES,DEFT.y p I NEswEN AL u..a MOVE • 11111 /111111111111111.111111110 I 1 ▪ NEso.nn.L SOW..a,a+.DNE •w,•r_I ORRIN • Exhibit A: Existing Zoning Map CITY OF OKEECHOBEE 5 MORRIS DEPEW Rezoning Request 4/10/2023 Staff Report Petition No. 23-001-R r____I \ / 1 9 N .E 9TH ST L W E IL • I E;.E "i BAR " LINE RAILRC•iA.E e - NE 52 Subject r Property 1_43.2_, Jr _ _ 1 I l .T 3 °J I g NE 7TH NE 6TH ST s' 1 ram"-1 LAND USE CLASSIFICATIONS w r_W" a. n 4 = ----.RAILROAD CENTERLINE 2 - °I -•-•-HOPKINS MEANDER LINE r CZ . y O- § 11 4, L RAILROAD CENTERLINE o i , b %--Z -T� flu_boundary_Imes . a_1 a Z ai lot_lore NE 5TH S \r flu_background_parcels SINGLE-FAMILY RESIDENTIAL MIXED USE RESIDENTIAL _ ' -� - MULTI-FAMILY RESIDENTIAL = — - COMMERCIAL dd 1111 INDUSTRIAL =_ r, __ ■ PUBLIC FACILITIES a Exhibit B: Existing Future Land Use Map CITY OF OKEECHOBEE 6 MORRIS DEPEW Rezoning Request 4/10/2023 Staff Report Petition No. 23-001-R ST —, , ti !1� `.,..-x.s.w ,ice .- t• �Y ;^-,iaL im a . 1644 y' I ,- sit Or* - ! _.AID ll'_ vlii I L' . if r' life `rk, ai ,l .��. , �„ _•. `+ W i !ram J ;1 gyp ' 16, ' y4 am'.}„ ',! • a ik s -'I, .r,sP. Pt- 10111 SI 'y*''' 411W1"4. j '1"II - <grill. 1., —ilk „ ,11,_ji a *i a r Vluourog , ,46.0.., A 41k v. —11• ' . 't- Ur ii«oatat r.,;It it) ill , w, k� ` n 4'� � r , . ir r $i 11 ti T ., 4.o, P '-`4, , iY+ .i, 4 . 'III €--k1 t' — . ► rr YiFk ' *.�`M ! ilw,,;4 'fie IlY, ";h d 'lc rift-142i,c• ,,,n41 . `e � Q' "'y y4. uP,` n F � } %' y� r 6, uR, lit di, AMti' I!.:, d.Y Y; ,- .+.,�i 1`—' = ........~ AV .#, �Y r ' i a _ '' r' RIB.�.,t'. L• � .�- i3i3 i Exhibit C: Existing Land Uses CITY OF OKEECHOBEE 7 MORRIS DEPEW City of Okeechobee Date: 3_ Petition No. A6t i_A General Services Department Fee Paid: (6),61 Jurisdiction: PB & CC 55 S.E. 3'd Avenue, Room 101 1st Hearing: t.. 2nd L4 3 �.� Hearing:5 4, ( 10 0)- 3 Okeechobee, Florida 34974-2903 Publication Dates: Phone: (863) 763-3372, ext. 9820 Fax: (863) 763-1686 Notices Mailed: 415 Per City of Okeechobee Ordinance No. 1258, property owners of land zoned Holding in the City of Okeechobee may submit requests to rezone their property with reduced application fees and reduced application submittal requirements until July 5, 2023, by filling out this application, paying the application fee and providing the required submittals on the attached checklist. Holding Property Rezoning Petition APPLICANT INFORMATION 1 Name of property owner(s): Be A Man Buy Land, LLC 2 Property owner(s) mailing address:4260 SE Federal Highway, Stuart, Florida 34997 3 Property owner(s) phone number:772-546-4101 4 Property owner(s) e-mail address:reneg@beamanbuyland.com 5 Name of petitioner (person signing petition):Rene Griffith, Authorized Agent 6 Petitioner(s) mailing address: 4260 SE Federal Highway,Stuart,Florida 34997 7 Petitioner(s) phone number 772-546-4101,7721-341-1918(cell) 8 Petitioner(s) e-mail address: reneg@beamanbuyland.com 9 Name of contact person (state relationship if other than petitioner): Rene Griffith,Authorized Agent 10 Contact person phone number: same as above 11 Contact person e-mail address: same as above PROPERTY INFORMATION 12 Subject property address NE 9th Ave.,Okeechobee,Florida Legal description (Subdivision, Lot, Block or indicate Unplatted): Subject parcel identification number(s): 2-15-37-35-0A00-00003-A000I Directions to subject property if no address: Approx. acreage: .36/ 13 Is there a current code violation on the subject property: Yes No x Case No. 14 Is there a pending sale of the property subject to this being granted: 15 Current Zoning Designation: Holding ✓ Requested Zoning Designation: Industrial Current Future Land Use Designation: Industrial ✓ Describe current use and proposed use of subject property: The property is currently vacant land and the proposed use is for outdoor storage. Source of potable water: Method of sewage disposal: Rev.2/2023pb Page 1 of 6 Describe current uses on adjoining properties to the: Properties to the East are in the County and zoned Residential Mix 16 North: Property to the North is Industrial East: South: Property to the South is zoned Holding West: Properties to the West are zoned Indistrial or Holding. FINDINGS FOR GRANTING A REZONING (City LDC Sec. 70-340) The Planning Board and Council will consider the following criteria, where applicable, in determining whether to approve or deny rezoning petitions. As the Applicant, please provide your response to each criterion to the best of your knowledge: 1. The request is not contrary to comprehensive plan requirements. 2. The use is specifically authorized under the zoning district regulations applied for. 3. Approval of the request will not have an adverse effect on the public interest. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent uses, and is not contrary or detrimental to urbanizing land use patterns. 5. Approval of the request will not adversely affect property values or living conditions, nor be a deterrent to the improvement or development of adjacent property. 6. The use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. 7. Approval of the request will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. 8. Approval of the request will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The use has not been inordinately burdened by unnecessary restrictions. Rev.2/2023pb Page 2 of 6 FINDINGS FOR GRANTING A REZONING I. The proposed request is not contrary to the comprehensive plan requirements. No, the proposed request is not contrary to the comprehensive plan requirements. The current zoning for the property is Holding and the Future Land Use for the property is Industrial. The applicant is requesting a rezoning to Industrial. The City Council has encouraged property owners in the past located in the Holding zoning district to rezone to other zoning districts which are supports by the Future Land Use Map. 2. The use is specifically authorized under the zoning district regulations applied for. Yes,the Future Land Use for the subject property is Industrial. 3. Approval of the request will not have an adverse effect on the public interest. The proposed use will not have an adverse effect on the public interest as the Future Land Use is Industrial. 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 proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses and is not contrary to or detrimental to urbanizing land use patterns as the Future Land Use for the subject property is Industrial and the adjacent properties in the City surrounding the subject property are either zoned Industrial or Holding. 5. Approval of the request will not adversely affect property values or living conditions, nor be a deterrent to the improvement or development of adjacent property. The proposed use will not adversely affect property values or living conditions or be a deterrent to the improvement or development of adjacent property as the properties in the City surrounding the subject property are either zoned Industrial or Holding. 6. The use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. The Future Land Use for the subject property is Industrial and the properties surrounding the subject property are either Holding,Industrial or Residential Mixed and,therefore,the change in zoning is consistent with the area and there should not be any nuisance or hazard to the neighborhood. 7. Approval of the request will not create a density pattern that would overburden public facilities such as schools,streets,and utility services. No, the proposed use is for outdoor storage and therefore would not overburden public facilities such as schools,streets and utility services. 8. Approval of the request will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No, the proposed use is for outdoor storage and therefore would not create traffic congestion, flooding,drainage problems, or affect the public safety. 9. The use has not been inordinately burdened by unnecessary restrictions. As of date, the proposed use has not been inordinately burdened by unnecessary restrictions. CIT1 OF OKEECHOBEE 55 SE 3"AVENUE OKEEC HOBEE,FL 34974 TELE:863-763-3372 FAX:863-763-1686 LAND USE POWER OF ATTORNEY Name of Property Owners: Be A Man Buy Land, LLC Mailing Address: 4260 SE Federal Highway, Stuart, Florida 34997 Home Telephone: Work: 772-546-4101 Cell: 772-341-1918 Property Address: NE 13th Ave.,Okeechobee, Florida Parcel ID Number: 2-15-37-35-0A00-00003-A000 Name of Applicant: Rene Griffith, Authorized Agent Home Telephone: Work: 772-546-4101 Cell: 772-341-1918 The undersigned.being the record title owner(s)of the real property described above.do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property.the granting of special exception or variances,and appeals of decisions of the Planning Department. It is understood that conditions,limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property-to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS 2nd DAY OF March 20 23. �( iaziLlvd--- OWNER 4044Jm i`i SS 404,4 �ef� 1\i (4 ili OWNER • 'I INktiti STATE OF FLORIDA COUNTY OF Martin The foregoing instrument was acknowledged before me by means of Xphysical presence or 1., online notarization,this 2nd day of March ,2023 . by Rene Griffith (Name of Person) who is personally known to me or produced as identification. .4:;iii°''..., JENNIFER ROSE SCHEE i:°•• NI Notary Public.State of Florida 1 f; Y PUBLIC. (NATURE il ` Commission x HH 308224 '•'.c r+;' My Comm.Expires Sep 5,2026 Unclad through NrtionMl Nntrry Accn. (Rev 4/2020) Page 6 of 13 LiE0000 / 7ysq v 7 (Requestor's Name) 0 (Address) - - - ' 1 - 800327010018 (Address) (City/State/Zip/Phone#) PICK-UP ❑ WAIT MAIL I_I};' 1'•yr 1:7-`Li i 1:116- I_l� 1 ♦T._ .116 (Business Entity Name) (Document Number) Certified Copies Certificates of Status Special Instructions to Filing Officer: 0 7, f -,• w (n Office Use Only COVER LETTER TO: Registration Section Division of Corporations Be A Man Buy Land, LLC SUBJECT: Name of Limited Liability Company Dear Sir or Madam: The enclosed Amendment or Cancellation of Statement of Authority and fee(s)are submitted for tiling. Please return all correspondence concerning this matter to the following: Joseph Zachary Gazza Name of Person Be A Man Buy Land, LLC Firm/Company 4260 SE Federal Highway Address Stuart, Florida 34997 City/State and Zip Code zach@beamanbuyland.com E-mail address:(to be used for future annual report notification) For further information concerning this matter,please call: Joseph Zachary Gazza 772 546-4101 at( ) Name of Person Arca Code Daytime Telephone Number STREET/COURIER ADDRESS: M Ail.INC ADDRESS: Registration Section Registration Section Division of Corporations Division of Corporations Clifton Building P.O. Box 6327 2661 Executive Center Circle Tallahassee, Florida 32314 Tallahassee, Florida 32301 CR2E7,145 (2/14) AMENDMENT OR CANCELLATION OF STATEMENT OF AUTHORITY Pursuant to section 605.0302(2), Florida Statutes, this limited liability company submits the following: FIRST: The name of the limited liability company is: Be A Man Buy Land, LLC SECOND: The Florida Document number of the limited liability company is: L12000097439 THIRD: The street address of the limited liability company's principal office is: 4260 SE Federal Highway, Stuart, Florida 34997 The mailing address of the limited liability company's principal office is: 4260 SE Federal Highway, Stuart, Florida 34997 May 9, 2017 =� FOURTH: The date the statement of authority became effective is: — • FIFTH: The statement of authority is cancelled. jl • OR w The amendment to the statement of authority is iv Rene S, Griffith f/kia Rene S. losco may also enter into other transactions and execute all documents on behalf of, or otherwise act for or bind�the company, in addition to executing an instrument --N rcA Y\S CQ r r Z t'st.a� r-e ex_\ '7 ro a_c 1� t�44.kO r\ Lv. Q d '�-Itk-o U Joseph Zachary Gazza Corn7ck.R‘ Signature ofaut zed representative Typed or printed name of signature Filing Fee: S25.00 Certified Copy: S30.00(optional) CR2E145 (2/14) 3/2/23, 12.08 PM Detail by Entity Name DIVISION OF CORPORATIONS LICA i stra f'ijfrtfe ftae r,/F_l.rrilcr Department of State / Division of Cor ore io s / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company BE A MAN BUY LAND, LLC Filing Information Document Number L12000097439 FEI/EIN Number 46-0687668 Date Filed 07/30/2012 State FL Status ACTIVE Last Event LC AMND STMNT OF AUTHORITY Event Date Filed 04/19/2019 Event Effective Date NONE Principal Address 4260 SE Federal Hwy Stuart, FL 34997 Changed: 01/12/2017 Mailing Address 4260 SE Federal Hwy Stuart, FL 34997 Changed: 01/12/2017 Registered Agent Name&Address GAZZA, JOSEPH Z 4260 SE Federal Hwy Stuart, FL 34997 Address Changed: 01/12/2017 Authorized Person(s)Detail Name&Address Title MGRM GAZZA, JOSEPH Z 4260 SE Federal Hwy Stuart, FL 34997 https://search.su n biz.org/Inquiry/CorporationSearch/SearchResu ItDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=B EAMAN... 1/2 3/2/23, 12:08 PM Detail by Entity Name Annual Reports Report Year Filed Date 2021 03/03/2021 2022 02/02/2022 2023 01/30/2023 Document Imam 01/30/2023--ANNUAL REPORT View image in PDF format 02/02/2022--ANNUAL REPORT View image in PDF format 03/03/2021--ANNUAL REPORT View image in PDF format 03/19/2020--ANNUAL REPORT View image in PDF format 04/23/2019--ANNUAL REPORT View image in PDF format 04/19/2019--CORLCAAUTH View image in PDF format 01/15/2018--ANNUAL REPORT View image in PDF format 05/08/2017—CORLCAUTH View image in PDF format 01/12/2017--ANNUAL REPORT View image in PDF format 04/14/2016--ANNUAL REPORT View image in PDF format 01/07/2015--ANNUAL REPORT View image in PDF format 05/12/2014--ANNUAL REPORT View image in PDF format 03/04/2013--LC Amendment View image in PDF format 01/04/2013--ANNUAL REPORT View image in PDF format 07/30/2012--Florida Limited Liability View image in PDF format rb-.n:Der•ar[,::r� r Stz[e.[:�:•P;!;_of c>:;,rr.=.Hens https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=BEAMAN... 2/2 • FILE NU ii�ii ii 095 Instrument Prepared By and Return To: OR BK 805 PG 1661 Rene S.Griffith,Esq. SHARON ROBERTSON, CLERK & COMPTROLLER 4260 SE Federal Highway OKEECHOBEE COUNTY, FLORIDA g y RECORDED 04/16/2018 02306:18 PM Stuart,Florida 34997 AMT 63,265.00 RECORDING FEES $10.00 DEED DOC $23.10 Parcel ID:2-IS-37-35-0A00-00003-A000 RECORDED BY M Pi non QUIT CLAIM DEED Ps 1661 I (1 Pa) THIS QUIT CLAIM DEED, made this [ day of April, 2018, by and between JOSEPH EDWARD GAZZA,4260 SE Federal Highway, Stuart,Florida 34997,Grantor and BE A MAN BUY LAND, LLC,a Florida limited liability company,4260 SE Federal Highway,Stuart,Florida 34997,Grantee. (Wherever used herein the terms "Grantor"and"Grantee"include all the parties to this instrument,and the heirs,legal representatives,successors and/or assigns) WITNESSETH,that said Grantor,for and in consideration of the sum of Three Thousand Two Hundred Sixty Four and 60/100ths Dollars($3,264.60),and other good and valuable consideration,the receipt and adequacy of which is hereby acknowledged,does hereby remise,release and quitclaim unto the Grantee,all the right,title,interest,claim and demand which the Grantor has in and to the following described land,situate, lying and being in Okeechobee County,Florida(the"property"),to wit: Unplatted Lands of the City N'A ofN W'/a of SE'A lying North of Sal RR Section 15,Township 37 S,Range 35 E,Okeechobee County,Florida,.36 Acres. Subject to taxes accruing after December 31, 2016; covenants, conditions, restrictions, easements,reservations and limitations of records,if any. TO HAVE AND TO HOLD,the same together with all and singular appurtenances thereto belonging or in anywise appertaining,and all the estate,right,title,interest,lien,equity and claim whatsoever of the Grantor,either in law or equity,to the only proper use,benefit and behoof of the Grantee,its successors and assigns forever. Grantor warrants that at the time of this conveyance,the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida,nor is it contiguous to or a part of homestead property. "Grantor"and"Grantee"are used for singular or plural,as the context requires. 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 Signature of Witness ript Name of Witness elow: _V42X 5,?(!'\C'\ \ h By:Joseph Za ary Gazza as Father/Guardian of JOSEPH E WARD GAZZA Signature of Witness Print Name of Wit ess Below: Carr STATE OF FLORIDA COUNTY OF MARTIN The foregoing instrument was acknowledged before me this 04,-* day of April,2018 by Joseph Zachary Gazza as Father/Guardian of JOSEPH EDWARD GAZZA who[9ersonally known or[ ]has produced a driver's license as identification. —s ..._ Notary RENE GRIFFITH AMY COMMISSION#GO 162358 ..,e,: EXPIRES:December 15,2021 _' Bonded TTry No"Putty&Unduwr1Mr,