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2008-11-04-PoCsENDA: CITY OF OKEECHOBEE NOVEMBER 4, 2008 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION h +A* a `CO.U�VCIL ACTION � I�CSCtJSSI - N = V T I. CALL TO ORDER - Mayor: November 4, 2008 Regular City Council Meeting, 2:00 p.m. Il. OPENING CEREMONIES: Invocation by Revered Paul E. Jackson, International Prayer Warriors for Christ; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present Heather Hancock a Certificate of Appreciation for service on the Code Enforcement Board. 19c PAGE 1 OF 6 In the absence of Mayor Kirk, Council Member Watford served in the capacity of Mayor Pro-Tempore and called the November 4, 2008 Regular City Council Meeting to order at 2:00 p.m. The invocation was offered by Revered Paul E. Jackson, International Prayer Warriors for Christ; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Absent Present Present Present Absent Present Present Present Absent Present Present Present Mayor Pro-Tem Watford presented a framed certificate to Mrs. Hancock, which read, "A Certificate of Appreciation. Office of the Mayor, City of Okeechobee, Florida, Extends this Expression of Appreciation to Heather Hancock, In Recognition of her Outstanding Service to the Community, The City and your Fellow Citizens, have Benefitted Greatly by your Unselfish Dedication, in the Performance of your Duties as Member of the, Code Enforcement Board, May 1, 2005 to October 14, 2008, Given on Behalf of the City Council this 4th day of November, 2008." 200 -AGENDA IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. B. Proclaim November 21 - 27, 2008 as "Farm City Week." C. Proclaim the month of November 2008 as "National Hospice/Palliative Care Month." NOVEMBER 4, 2008 - REGULAR MEETING - PAGE 2 OF 6 - COUNCIL, ACTION - DISCUSSIOW -VOTE -- Mayor Pro-Tem WaE ford read the following Proclamation in its entirety as follows: "WHEREAS, American farmers and ranchers literally help feed the world by producing a bounty of agricultural products. To do this, they rely on essential partnerships with a Jban and suburban communities to supply, sell and deliver finished products across the country and around the globe. Rural and urban communities working together have made the most of our nation's rich agricultural resources as they contribute to the health and well being of our country and to the strength of our economy, and WHEREAS, during National Farm City Week, we recognize the importance of this cooperative network. Agriculture employs more than 24 million workers, including farmers and ranchers, shippers, processors, marketers, retailers, truck drivers, inspectors and others who annually contribute more than $1.3 trillion to our gross domestic product. The agriculture industry provides us with food and clothing, as well as fuel for our energy needs. And as we welcome new oppo itunities for trade, the hard work and successful cooperation between farmers and city workers will continue to playa vAtal role in our nation's future; and WHEREAS, Farm City collaborations help maintain and improve our food and fiber supply and contribute to a better quality of life for countless citizens. We commend the many Americans whose ftrd work and ingenuity reflect the true spirit of America and help to ensure a prosperous future for all, and WHEREAS, as we gather with family and friends around the Thanksgiving table, it is fitting that we count among our blessings the vital Farm City partnerships that have done so much to improve the quality of our lives, and NOW, THEREFOR`F,1, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor Pro-Tempore of the City of Okeechobee, do hereby proclaim the period of November 21- 27, 2008 as "Farm City Week'; and / do further call upon all citizer3s in rural and urban areas to acknowledge and celebrate the achievements of all those who, working together, produce and supply ourcommunity and nation with an abundance of agricultural products. ° Mr. Trey Whitehurst, of Farn—i Bureau, thanked the Council for their support and offered a basket of produce for the Council to share. Mayor Pro-Tem Watford read the following Proclamation in its entirety as follows: 'WHEREAS, hospice and palliative care provides patients and families the highest quality care during life -limiting illness and at the end of life, through pain management and symptom control, caregiver training and assistance, and emotional and spiritual support, allowing patients to live fullNr up until the final moments, surrounded and supported by the faces of loved ones, friends, and committed caregivers; and WHEREAS, last year, more than 1.2 million Americans living with life -limiting illness, and their families, received care from more than 4,100 hospice and palliative care programs in communities throughout the United States; a rd WHEREAS, professional and compassionate hospice staff- including physicians, nurses, social workers, therapists,, counselors, health aides, and clergy - provide comprehensive care focused on the wishes of each individual patient; a nd WHEREAS, more than 400,000 trained volunteers contribute 18 million hours of service to the hospice program annually; and WHEREAS, providing high -quality hospice and palliative care reaffirms our belief in the essential dignity of every person, regardless of age, health, or social status, and that every stage of human life deserves to be treeated with the utmost respect and care; and AGENDA IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. C. Proclaim the month of November 2008 as "National Hospice/Palliative Care Month" continued. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the October 16, 2007 Regular Meeting. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. NEW BUSINESS. A.1. a) Motion to read by title only, and set November 18, 2008 as a final public hearing date for proposed Ordinance No. 1032 regarding Application No. 08-006-R, submitted by Elbert Batton and Franny Watford on behalf of Abdul and Yasmin Cumber, property owners, rezoning 1.92 acres located at 309 Northeast 4' Street, Block 110, City of Okeechobee, from RSF-1 to CLT - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only and set the final public hearing date. NOVEMBER 4, 2008 - REGULAR MEETING - PAGE 3 OF 6 201 ;000,NCILACTION -DISCUSSION -VOTE WHEREAS, hospice and palliative care providers encourage all people to learn more about options of care and to share their wishes with family, loved ones, and their healthcare professionals. NOW THEREFORE, 1, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor Pro-Tempore of the City of Okeechobee, do hereby proclaim November 2008 as "National Hospice/Palliative Care Month" in the City of Okeechobee and encourage citizens to increase their understanding and awareness of care at the end of life and to observe this month with appropriate activities and programs." The proclamation was presented to Ms. Debra Hurd and Ms. Patsy Maupin of Big Lake Hospice. Council Member C. Williams moved to dispense with the reading and approve the Summary of Council Action for the October 21, 2008 Regular Meeting; seconded by Council Member Markham. There was no discussion on this item. KIRK - ABSENT C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - ABSENT WATFORD - YEA MOTION CARRIED. Mayor Pro -Tern Watford asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? New Business Item D was added. Council Member C. Williams moved to read by title only, and set November 18, 2008 as a final public hearing date for proposed Ordinance No. 1032 regarding Application No. 08-006-R, submitted by Elbert Batton and Franny Watford on behalf of Abdul and Yasmin Cumber, property owners, rezoning 1.92 acres located at 309 Northeast 4`h Street, Block 110, City of Okeechobee, from RSF-1 to CLT; seconded by Council Member Markham. KIRK -.ABSENT C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - ABSENT WATFORD - YEA MOTION CARRIED. WE, AGENDA- VII. NEW BUSINESS CONTINUED. A.1. c) City Attorney to read proposed Ordinance No. 1032 by title only 2. a) Motion to approve the first reading of proposed Ordinance No. 1032. b) Discussion. c) Vote on motion. B.1. a) Motion to read by title only, proposed Ordinance No. 1033 regarding Application No. 08-007-R, submitted by Roland and Michele Mossel, property owners, rezoning 0.321 acres located at 116 Northwest 89th Street, Block 37, City of Okeechobee, from IND to RSF-1 - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only and set the final public hearing date. NOVEMBER 4, 2008 - REGULAR MEETING - PAGE 4 OF 6 COUNCIL ACTION = DISCUSSIQN=NOTE Attorney Cook read proposed Ordinance No. 1032 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." Council Member Markham moved to approve the first reading of proposed Ordinance No. 1032; seconded by Council Member C. Williams. City Planning Consultant, Mr. Bill Brisson addressed the Council by briefly reviewing the Planning Staff Report. They are recommending approval of the rezoning as well as the Planning Board. Mayor Pro-Tem Watford asked whether there were any comments or questions from the public or the applicant? Mr. Batton was present to answer any questions on behalf of the property owner. There were none. Council Member Markham wanted to be clear that the legal description is for the entire Block (110), as there seems to be a discrepancy in the parcel identification numbers and three separate surveys, one for Lots 1-6, one for Lot 7-11 and one for Lot 12. Mr. Brisson confirmed the legal description was for Lots 1 through 12 of Block 110. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. Council Member C. Williams moved to read by title only, proposed Ordinance No.1033 regarding Application No. 08- 007-R, submitted by Roland and Michele Mossel, property owners, rezoning 0.321 acres located at 116 Northwest 89th Street, Block 37, City of Okeechobee, from IND to RSF-1; seconded by Council Member Markham. KIRK - ABSENT C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - ABSENT WATFORD - YEA MOTION CARRIED. _ _ = AGENDA_ VII. NEW BUSINESS CONTINUED. B.1. c) City Attorney to read proposed Ordinance No. 1033 by title only. 2. a) Motion to approve the first reading proposed Ordinance No. 1033 b) Discussion. c) Vote on motion. C. Discuss LDR Amendment for Sec. 90-35(d), Nonconforming parking (when a business changes hands) - City Planning Consultant (Exhibit 3). ITEM ADDED: D. Discuss the Revised Gross Table Values for 2008-09 Fiscal Year and Additional Homestead Exemption for persons 65 and older - City Administrator (Exhibit 4). NOVEMBER 4, 2008 - REGULAR MEETING - PAGE 5 OF 6 O COUNCIL- ACTION - DISCUSSION = VOTE--, Attorney Cook read proposed Ordinance No. 1033 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM INDUSTRIAL ZONING', DISTRICT TO RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." Council Member Markham moved to approve the first reading proposed Ordinance No. 1033; seconded by Council Member C. Williams. City Planning Consultant, Mr. Bill Brisson addressed the Council by briefly reviewing the Planning Staff Report. They are recommending approval of the rezoning as well as the Planning Board. It was noted that the Future Land Use as well as the existing use of the property is single family. The owner is trying to re -finance the property, the bank will not approve the re -financing since the zoning is different and causes a non -conforming use. Mayor Pro-Tem Watford asked whether there were any comments or questions from the public or the applicant? There were none. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. Atthe last Planning Board meeting, a proposed Land Development Regulation (LDR) amendmentwas discussed. Both Planning Staff and the Planning Board are recommending the City Council approve the amendment. It is regarding non -conforming uses and structures, especially regarding parking. Mr. Brisson reviewed the current code requirements and how this has negatively impacted businesses when they change ownership but not the use. He also gave examples of how other municipalities and counties regulations are regarding this issue. Mr. J.D. Mixon, a real estate appraiser and real estate agent addressed the Council in favor of the amendment. The consensus of the Council was to instruct attorney Cook to draft the appropriate ordinance and present for first readina_ at the November 18 meetinq. Administrator Whitehall yielded the floor to Accounts Supervisor Riedel who distributed two memorandums. The first explaining that the property values provided during the public workshop and public hearings was $336,770,710.00. However, the amended Certified Final Taxable Value was presented in October with a taxable value of $338,824,415.00. Using the 97 percent rule for budgetary purposes this would generate $13,433.00 additional ad valorem tax for Fiscal Year 2008-09. 204 NOVEMBER 4, 2008 - REGULAR MEETING - PAGE 6 OF 6 I VII. NEW BUSINESS CONTINUED. ITEM ADDED: D. Discuss the Revised Gross Table Values for 2008-09 Fiscal Year and Additional Homestead Exemption for persons 65 and older continued. Vill. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: Dowling Ff Watford,1J., ayor Pro-Tempore Lane amiotea, C C, City Clerk COUNCIL=ACTION - DISCUSSION --VOTE During the budget workshop and hearings, the Council discussed some type of assistance to the citizens and staff is recommending thatthe Council consider adopting the additional homestead exemption for senior citizens. The second memorandum addressed this issue by explaining that the Florida Statutes 196.075 allows municipalities to adopt an additional homestead exemption for persons 65 and older and whose income of the household does not exceed $25,000 annually. Based on research requested from the Property Appraiser's Office, there are 83 properties that would benefit from the additional exemption. The taxable value of properties within the above criteria is $1,775,291.00. Upon implementation of an additional $25,000 to those who qualify, this would be a tax savings, in the future to those, totaling $11,971.00, based on the current millage of 6.7432. This is approximately a savings of $169.00 per household per year. However, it must be adopted by December of 2008 to be implemented in the Fiscal Year 2009-10. The consensus of the Council was to have the aDnronriate ordinance drawn up and present it back to the Council for final consideration. The Council also thanked City Staff for this information and their diligence to find any type of relief for the citizens. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR PRO-TEM WATFORD ADJOURNED THE MEETING AT 3:00 P.M. The next regularly scheduled meeting is November 18, 2008, 6:00 p.m. • Page 1 of 4 CITY OF OKEECHOBEE - NOVEMBER 4, 2008 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES BY I. CALL TO ORDER -Mayor Pro-Tem Dore Watford November 4, 2008 at ©Q P.M. II. OPENING CEREMONIES: Invocation offered by Revered Paul E. Jackson, International Praver Warriors for Christ; Pledge of Allegiance led by Mavor Pro-Tem Watford. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. PRESENT ABSENT Mayor James E. Kirk ✓ Council Member Lowry Markham �✓ Council Member Dowling R. Watford, Jr. ✓ Council Member Clayton Williams ✓ Council Member Lydia Jean Williams ✓ City Administrator Brian Whitehall ✓ City Attorney John R. Cook ✓ City Clerk Lane Gamiotea ✓ Deputy Clerk Melisa Eddings Police Chief Denny Davis ✓ Fire Chief Herb Smith ✓ Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present Heather Hancock a Certificate of Appreciation for service on the Code Enforcement Board. --4-+tt_o_ukAL Va'k,roeC I-LXr,d . A Certificate of Appreciation. Office of the Mayor, City of Okeechobee, Florida, Extends this Expression of Appreciation to Heather Hancock, In Recognition of her Outstanding Service to the Community, The City and your Fellow Citizens, have Benefrited Greatly by your Unselfish Dedication, in the Performance of your Duties as Member of the, Code Enforcement Board, May 1, 2005 to October 14, 2008, Given on Behalf of the City Council this 4th day of November, 2008 B. Proclaim the week of November 21-27, 2008 as "Farm City Week." �Pn Eel u NON C. Proclaim the month of November 2008 as "National Hospice/Palliative Care Month."j a( Page 3 of 4 B. 1. a) Council Member moved to read by title only, proposed Ordinance No. 1033 regarding gym} Page 2 of 4 V. MINUTES - City Clerk. A. Council Member (I,W moved to dispense with the reading and approve the SurnApary of Council Action for the October 21, 2008 Regular Meeting; seconded by Council Member VOTE: YEA NO ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS v L. WILLIAMS MOTIO . CARRI DENIED. VI. AGENDA - Mayor. A. Mayor Pro-Tem Watford asked whether there were any requests for the additions, deferrals or withdrawal of items on today's agenda. �QA&t GAK- IAA � O0AA-�J- . VII. NEW BUSINESS. A. 1. a) Council Member C.L)J moved to read by title only, and set November 18, 2008 as a final public hearing date for proposed Ordinance No.1032 regarding Application No. 08-006-R, submitted by Elbert Batton and Franny Watford on behalf of Abdul and Yasmin Cumber, property owners, rezoning 1.92 acres located at 309 Northeast 4th Street, Block 110, City of Okeec obee, from RSF-1 to CLT - City Planning Consultant (Exhibit 1); seconded by Council Member_ b) Vote on motion to read by title only. YEA NO ABSENT ABSTAINED KIRK X MARKHAM WATFORD C. WILLIAMS v L. WILLIAMS MOTION: ARRIE I DENIED. c) Attorney Cook read proposed Ordinance No.1032 by title only as follows: 'AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROMRESIDENTIAL SINGLE FAMILY-ONE(RSF-1) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.,, 2. a) Council Member eX(n moved t approve the first reading of proposed Ordinance No. 1032; seconded by Council Member �. b) Discussion. - :) 0� SSIA cockU-741DA wai lot l ths, c) Vote on motion. OIL" KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS YEA NO ABSENT x wW ABSTAINED '�fU-q Cx- CcI�� CZN, bokL MOTIONQ RA I y DENIED Page 3 of 4 B. 1. a) Council Member CW moved to read by title only, proposed Ordinance No. 1033 regarding Application No. 08-007-R, submitted by Roland and Michele Mossel, property owners, rezoning 0.321 acres located at 116 Northwest 891h Street, Block 37, City of Okeechobee, from IND to RSF-1 - City Planning Consultant (Exhibit 2); seconded by Council Member (A- m b) Vote on motion to read by title only. YEA NO ABSENT ABSTAINED KIRIt - X MARKHAM WATFORD ✓ C. WILLIAMS ✓ L. WILLIAMS — t MOTION ARRIED DENIED. c) Attorney Cook read proposed Ordinance No. 1033 by title only as follows: "AN ORDINANCE OF THE CITYOF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROMINDUSTRIAL ZONING DISTRICT TO RESIDENTIAL SINGLEFAMILY-ONE (RSF-1) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Council Member AM _ moved to approve the first reading proposed Ordinance No. 1033; seconded by Council Member LUG' . b) Discussion. v � k_AA- 0--k- Q-0 i'WVvLn.-� A�- c/,c. a - FLU Via) SF so (I -ez Z:)cl�L-fuu UA- vr(�OkID-u L)jw klx tat M&V cxcta/'��' uv�k- 40 mo-a hat,,- t1k-+1 Q-. b Y- cam- w w S�� UG-Ko -) y c) Vote on motion YEA NO ABSENT ABSTAINED KIRK MARKHAM WATFORD v C. WILLIAMS f/ L. WILLIAMS MOTION: DENIED. • Page 4 of 4 C. Discuss LDR Amendment for Sec. 90-35(d), Nonconforming parking (when a business chap hands) - City Planning Consultant (Exhibit 3). ges p`A"" `� P LTCLA�" LXYKe� rVv� coo 0- cu-KL�3t t `Fit, . aPuJ� U-U/ CW � �L .pa-A-� WU Pus& it) rnl 0161L r Th ho o j1-tPtdj Y-6 'e'a qu C "400, qv'lu (si -� r� ft 01 Ud-Au q Uz '� CS UCH- a -�Lt- rxq� . --Rw oeztt %}q Nat � . C/� ) Mca -'SA `6 c6mlo YEA NAY ABSTAIN ABSENTKIRK , MARKHAM WATFORD C. WILLIAM ► �` ` MOTION: CARRIED / D IED. � o� LT LqCq VIII. MAYOR PRO-TEM WATFORD ADJOURNED THE MEETING tOm � %tt\tQ�� ., G AT P.M. Lttp Atqa.& 5 t � Cl)I� '�� tG-X0.4�. UOAuA Mc� Oat,�335, �sa�, �lr� � j 7Io J0.i Clog Fq • o4c�tl, 95,D. 093 , JJU, wm 'S" rot" bij .moo �� e� �- hWLA t w ' T rc6 q - yam. Cq t* - r iC,AL- UA) -et,* � c-4 Lxo�ct sCC)ru- alo C�ou �0�5, hie � (nunIlLy u 0(t 4AO,, -IN DE DENT _ - NEW OKEECNOBEE NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W 17th Street, Suite D, Okeechobee, Fl- 34974 Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a Pi,) `:1 / i t- fJ�''� in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechol !e News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continu- ously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. .�C orn and subscribed before me this r %1f day of C Vic_ tJE`:r ADC otary Public, State of Florida at Large anetfa Thibourt Con-tmisslon # DD5053 i 1 1}, Expires January 10, 2010 �c Bor,cen Lp, c��n mw�..me Inc 8r,�_38S70t9 (863) 7WU34 CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee will meet in Regular Session on Tuesday, November 4, 2008, 2:0g p.m. at City Hal, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida. The public is invited and en to attend. A copy of the agenda will be available on our website at yyylygjjy� cho bm or contact Cdy Administration at (863) 763-3372 x 212. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Gity-Council with respect to any matter considered at this meeting, such interested person wig need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record ;.dudes the testimony and evidence upon which the appeal is to be based. City Clerk media are used for the sole purpose of back-up for the Clerk's Dike. In accordarice with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing 'special accommodation to participate in this proceeding should cachet Lane Gamiotea, no later than two (2) working days prior to the proceeding at 863-763-3372 x 214; 'rf yyou are hearing or voice impaired, call TOO 1- 0-955-8770 (voice) or 1-800-955-8771 (TTY). by: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk 296512 ON 10/31/08 CITY OF OKEECHOBEE NOVEMBER 4, 2008 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 3 • I. CALL TO ORDER -MAYOR: November 4, 2008, City Council Regular Meeting, 2:00 p.m. II. OPENING CEREMONIES: Invocation given by Rev. Paul E. Jackson, International Prayer Warriors for Christ; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - CITY CLERK. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook • City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present Heather Hancock a Certificate of Appreciation for service on the Code Enforcement Board. B. Proclaim the week of November 21-27, 2008 as "Farm City Week." C. Proclaim the month of November 2008 as "National Hospice/Palliative Care Month." November 4, 2008 PAGE 2 OF 3 V. MINUTES - CITY CLERK. A. Motion to dispense with the reading and approve the Summary of Council Action for the October 21, 2008 City Council Regular Meeting. VI. AGENDA - MAYOR. A. Requests for the addition, deferral or withdrawal of items on today's agenda. • VII. NEW BUSINESS. A.1.a) Motion to read by title only and set November 18, 2008 as a final public hearing date for proposed Ordinance No. 1032 regarding Application No. 08-006-R, submitted by Elbert Batton and Franny Watford on behalf of Abdul and Yasmin Cumber, property owners, rezoning 1.92 acres located at 309 Northeast 41h Street, Block 110, City of Okeechobee, from RSF-1 to CLT - City Planning Consultant Exhibit 1). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1032 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1032. b) Discussion. • c) Vote on motion. B.1.a) Motion to read by title only and set November 18, 2008 as a final public hearing date for proposed Ordinance No.1033 regarding Application No. 08-007-R, submitted by Roland and Michele Mossel, property owners, rezoning 0.321 acres located at 116 Northwest 91h Street, Block 37, City of Okeechobee, from IND to RSF-1 - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1033 by title only. NOvEMBER 4, 2008 PAGE 3 OF 3 VII. NEW BUSINESS CONTINUED. B.2.a) Motion to approve the first reading of proposed Ordinance No. 1033. b) Discussion. c) Vote on motion. C. Discuss LDR Amendment for Sec. 90-35(d), Nonconforming Parking (when a business changes hands) - City Planning Consultant (Exhibit 3). * VIII. ADJOURN MEETING. 0 PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council 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, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. • Uaice of tfw .Maryau eitv 4 efimdwee, 9& da 9 &ten& t&5 Exptea6ion of appuciar im to 9rt RZWq dZW Of &* Uut4 kmdingc SeWICe t4 t& earnmc nav She e&V and ycm ,%etfaw a tizem Rave J%► eneptted qua4 6# ryaun `t meCA6$ l)eafica#iaa in tfw Yexf axnuatwe of Vaun Outiee as .Mermen of tfw eod4e 3-3omd Ata* 1, 2005 toOch4ft 14, zoos epow on Tef4 of tfw eiy eauna thin P dark of .Arauermeu, 2UOS 91t uwneda uwwwof 9 liam Riexerurm aet Pcand and canoed MU6 oed ia. & a f f!" l ZWa�-qtwd, Y�, tale gan,&&a;K;Me, e v e&x& - 6a,.F,- - va'�''e 'P.,'.. • ,,.,u.,•�. f f=x�,;��'i�. ,j .' = �- _ ° ,WIAI,Isdi.'iNao.-. ;s���L �Y FIRM- O eecf�o%ee FforTc�a .= r 51=1E J H .. _.REAS, American farmers and ranchers literally help feed the world by producing a bounty or-, dgcf: �F"a` }KN�., products. To do this, they rely on essential partnerships with urban and suburban communitiesao sell and deliver finished products across the country and around the globe. Rural and urban com'ries; working together have made the most of our nation's rich agricultural resources as they Cori tr o . the health and well being of our country and to the strength of our economy, and EREAS, during National Farm City Week, we recognize the importance of this cooperative netw�ik. Agriculture employs more than 24 million workers, including farmers and ranchers, shippers, processors," marketers, retailers, truck drivers, inspectors and others who annually contribute more than $1.3 trillion .. to our gross domestic product. The agriculture industry provides us with food and clothing, as well as fuel for our energy needs. And as we welcome new opportunities for trade, the hard work and. successful cooperation between farmers and city workers will continue to play a vital role in our nation's future; and WHEREAS, Farm City collaborations help maintain and improve our food and fiber supply and contribute to a better quality of life for countless citizens. We commend the many Americans whose hard work and ingenuity reflect the true spirit ofAmerica and help to ensure a prosperous future for all, and WHEREAS, as we gather with family and friends around the Thanksgiving table, it is fitting that we count," among our blessings the vital Farm City partnerships that have done so much to improve the quality'of our lives; and -.NOW, THEREFORE,1, Dowling R. Watford, Jr., by virtue o f the authority vested in me-ag Mayor Pro-Tempore of the City of Okeechobee, Florida, do hereby proclaim the period of November 2 I -- 27; 2008 as "Farm=;,,,,`'`. _ City Week'; and 1 do further call upon all citizens in rural and urban areas to acknowledge and celebrae:;T _- - -: the achievements o f all those who, working together, produce and supply our community and nation , T _ = an abundance of agricultural products. In witness whereof 1 have �hereunto,�rh, a n.. h d and caused this se_ alo lie \p ;'1. °'4t-�` ham,%'- :.`�' � � / - �•"( ,i` Watford, Jr., May Est: W yam. Lane G iotea; -�>,Y��` �`F — _ � • 1, 1'k t�.(� .E 69 Office of the Mayor - - 0XIeedzo&e, .Cl�oud2 WHEREAS, hospice and palliative care provides patients and families the highest quality care during, life-li.miritag = illness and at the end of life, through pain management and symptom control, caregiver trainin and assistance, and emotional and spiritual support, allowing patients to live fully up until the final moments, surrounded and supported by the faces of loved ones, friends, and committed caregivers; and WHEREAS, last year, more than 1.2 million Americans living with life -limiting illness, and their families, received care from more than 4,100 hospice and palliative care programs in communities throughout the United States; and WHEREAS, professional and compassionate hospice staff - including physicians, nurses, social workers, therapists, counselors, health aides, and clergy - provide comprehensive care focused on the wishes of each individual patient; and WHEREAS', more than 400,000 trained volunteers contribute 18 million hours of service to the hospice program annually; and WHEREAS, providing high -quality hospice and palliative care reaffirms our belief in the essential dignity of every person, regardless of age, health, or social status, and that every stage of human life deserves to be treated with the utmost respect and care; and WHEREAS, hospice and palliative care providers encourage all people to learn more about options of care and to share.their wishes with family, loved ones, and their healthcare professionals. i NOWTHEREFORE, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor Pro-Tempore of the City of Okeechobee, do hereby proclaim November 2008 as "National Hospice/Palliative Care; Month' in the City of Okeechobee and encourage citizens to increase their understanding and awareness. --- of care at the end of life and to observe this month with appropriate activities and programs. In witness whereof I have hereunto set m} h d and caused this seal to b affi �� ��� -t '-_�•:;;�-°=: :� owling R. W/atford r a r Pror7'eTi Attest _ ()/X t°. —i' > � h Fw�'4fiY?e. :' ar` - t ',4—n: l;:^r'.,;.�3.'�i - �• IIjNu- .9i� i .. 'idi ,eY�t+ Nava - f"READ -EXHIBIT NO. NOV 18 - FINAL - EXHIBIT NO. ORDINANCE NO. 1032 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Frannie Watford and Elbert Batton, on behalf of property owner(s), of the property more particularly described hereafter, has heretofore filed Petition No. 08- 006-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 1.92 acre(s) from Residential Single Family -One (RSF-1) Zoning District to Light Commercial (CLT) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on October 23, 2008, and submitted by staff report, which determined such petition(s) to be consistent with the Comprehensive Plan and is appropriate with the zoning uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and hereby finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained 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, located in the City of Okeechobee, to -wit: LOTS 1 THROUGH 12 OF BLOCK 110, CITY OF OKEECHOBEE, ACCORDING 1 TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF 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 zoning classification to be changed from Residential Single Family -One (RSF-1) Zoning District to Light Commercial (CLT) Zoning District. Ordinance No.1032 - Page 1 of 2 SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 4T" day of November. 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 18th day of November, 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1032 -Page 2 of 2 IV. AGENDA • Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. CONSIDER PETITIONS AND APPLICATIONS. • A. Application No. 08-006-SSA: Elbert Batton, applicant, on behalf of property owners Abdul and Yasmin Cumber. Requestforland use change from Single Family (SF) to Commercial (C). The property address is 309 Northeast 4" Street - Planning Consultant. • B. Petition No, 08-006-R: Elbert Batton, applicant, on behalf of property owners Abdul and Yasmin Cumber, Request for change of zoning designation from Residential Single Family -One (RSF-1) to Light Commercial (CLT). The property address is 309 Northeast 4"' Street Planning Consultant. This Petition is associated with Application No. 08- 006-SSA. OcTOBER 23, 2008 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS- PAGE 2 OF7 IThere were none Mr. Brisson presented the application and the Staff recommendation of approval stating the property is consistent with the Comprehensive Plan Use Categories and Plan Policies. Mr. Brisson distributed colored future land use maps to better clarify the consistency, Public facilities are adequate and compatible with adjacent and nearby land uses. If the use causes over 100 trips a day, a traffic study will be required. Parking will be addressed at the Site Plan Review phase. Mr. Batton, 200 Northwest 5"' Street, (applicant) addressed the Board to explain that he is proposing to 'build to suit". Chair Maxwell opened the Public Hearing and inquired whether there were comments from the public? There were none. He then closed the Public Hearing and requested discussion from the Board, There were none. Member O'Connor moved to find Application No. 08-006-SSA consistent with the Comprehensive Plan and recommend approval to City Council to change land use from SF to C; seconded by Member Burroughs. VOTE MAXWELL•YEA HOOVER -YEA KELLER•YEA BURROUGHS•YEA MORGAN•YEA TORRES•YEA MCCOY • ABSENT O'CONNOR • YEA MOTION CARRIED. Application No. 01406•SSA final hearing will be November 18, 2008 before City Council. Mr. Brisson presented the Planning Staff report of approval citing no adverse affects on neighboring properties. Chair Maxwell asked whether the applicant wished to address the Board? He did not. He then opened the Public Hearing and inquired whether anyone from the public wanted to be heard. There were none. Chair Maxwell closed the Public Hearing and requested discussion from the Board, There was none. V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. B. Petition No, 08-006-R-continued. C. Petition No. 08-007-R: Roland and Michele Mossel, property owner and applicant. Request for rezoning designation from Industrial (IND) to Residential Single Family -One (RSF-1). The property address is 116 Northwest 9" Street. - Planning Consultant. OCTOBER 23, 2008 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 3 OF 7 Member Burroughs moved to find Rezoning Petition No. 08.005•11 consistent with the Comprehensive Plan and recommend approval to City Council to change the Zoning Designation from RSF-1 to CLT; seconded by Member O'Connor. VOTE MAXWELL-YEA HOOVER -YEA KELLER-YEA BURROUGHS-YEA MORGAN-YEA TORRES- YEA MCCOY - ABSENT O'CONNOR - YEA MOTION CARRIED. Petition No. 08-006-R final hearing will be November 18, 2008 before City Council. Mr. Brisson presented the Planning Staff report of approval stating the applicant wishes to make the zoning map agree with the future land use map, which is not contrary to the City's Comprehensive Plan, Chair Maxwell requested the applicant to address the Board. Mr, Brisson read a letter from Mr. Mossel stating he was in Houston, Texas working with the hurricane victims and was unable to attend the meeting and requested Mr. Brisson to explain to the Board his reasons for the rezoning request. A portion of the letter stated the home on this property has been there for 30 plus years. He would like to have this property rezoned to coincide with the future land use to make it possible to get a mortgage on the home. Chair Maxwell opened the Public Hearing and requested comments from the public. There were none, he then closed the Public Hearing, Chair Maxwell entertained comments from the Board. There were none. Member Burroughs moved to find Rezoning Petition No. 08-005-R consistent with the Comprehensive Plan and recommend approval to City Council to change the Zoning Designation from RSF-1 to CLT; seconded by Member O'Connor. VOTE MAXWELL-YEA HOOVER -YEA KELLER-YEA BURROUGHS-YEA MORGAN-YEA TORRES- YEA MCCOY - ABSENT O'CONNOR - YEA MOTION CARRIED. Petition No. 08-007-R final hearing will be November 18, 2008 before City Council. 1375 Jackson Street, Suite 206 Fort MAW, Florida 33901-2845 Phone-W-334-3366 Fax: 239-334-6384 IN giii I hA'i I I L'::;:� ��71 9 -rk�; -Y� kel i I I III Prepayeed for • The City of Okeechobee Applicant: Elbert Batton & Franny Watford Petition No. 08-006-R Staff Report Rezoning Request Applicant: Elbert Ba. , & Franny Watford Petition No.: 08-006-R General Information Applicant Address: 311 NE 2"d St. Okeechobee, FL 34972 Contact Person: Elbert Batton Existing Propos _...ed , Ste- 4 .y�WN SUM �q. .:. lu �..mm Zoning District RSF1 CLT U:sef?roperty Acreage 1.928 acres 1.928 acres Location: 309 NE 4th Street Legal Description: LOTS 1 THROUGH 12, BLOCK 110, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Description of the Request The matter before the Local Planning Agency and City Council is an application for an amendment to rezone the property from RSF1 to CLT. This is a companion appli- cation to the prior Small Scale Amendment (SSA) to the Future Land Use Map. Adjacent Future Land Use Map Classifications and Zoning Districts Noi� ;: =future La_nd,-,,U, ,0rtM*p'Classiifi6ation: Sn 'ZOO ling' DI,7 `n VtR. Existing Land:'Use`T East: Future Land Use Map Classification: Zoning District: Multxfarril radiant Single -Family RSF1 Existing Land Use: Vacant South: Future Land Use Map Classification: Commercial Zoning District: RSF1 Existing Land Use: Vacant West: Future Land Use Map Classification: Commercial Zoning District: Existing Land Use: CHV Mortuary Staff Report Applicant: Elbert *etition n & Franny Watford Rezoning Request No.: 08-006-R Section 70-340 sets forth the following criteria to be considered in acting upon a petition to rezone property. The Applicant has submitted very brief statements addressing these criteria. Following are Staff comments 1. The proposed use is not contrary to Comprehensive Plan requirements. By rezoning to CLT, the zoning of the subject property will be consistent with the Future Land Use designation of Commercial requested under the Small Plan Amendment. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The Applicant has given no indication as to the specific use to be developed on the property; but any future development will be limited to those contained in the list of permitted or special exception uses. 3. The proposed use will not have an adverse effect on the public interest. Uses allowed in the CLT district are expected to have no adverse effect on the public interest. 2 Staff Report Applicant: Elbert Bs i & Franny Watford Rezoning Request Petition No.: 08-006-R 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 requested CLT zoning appears to be consistent with the general pattern of commercial expansion evident in the area east of US 441. Considering the pattern of prior approvals involving other lands similarly situated, it is Staff's understanding that the City ultimately envisions a pattern of commercial development within two blocks of US 441 in this general area. The proposed zoning and use are appropriate for this location, are reasonably compatible with adjacent uses. The property to the south is designated Commercial on the FLUM although it is zoned RSF1. The three properties to the immediate north are designated Multi -family and zoned RMF; two are developed with multi -family uses and the third is vacant. The land to the east is vacant, but designated and zoned for single family uses. Light commercial uses are generally considered compatible with nearby and residential uses although buffering may be needed. Special exception uses, by their very characterization, might not be appropriate or would likely be required to provide buffering for nearby residential uses. CLT zoning would not be contrary or detrimental to urbanizing land use patterns. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. CLT zoning at this location is not expected to adversely affect property values or living conditions. As commercial zoning moves away from the major commercial corridors and closer to residential areas, lower intensity commercial such as CLT are commonly applied. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. Staff believes nearby properties can be adequately buffered from any nuisance factors that may be associated with the uses allowed in the CLT district. Buffering will be considered by the Technical Review Committee (TRC) during the site plan review phase of this project. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Density will not be an issue for the subject property. The impact on utility services such as water and sewer were not shown by the applicant, but staff analyzed the proposed impacts during the Small -Scale Amendment phase. This analysis was general but suggested that proposed impacts were not likely to have an adverse effect the City's ability to maintain its adopted levels of service. 3 Staff Report Applicant: Elbert n & Franny Watford Rezoning Request 40 Wtition No.: 08-006-R However, with no indication as to the actual types of uses expected on the property it is difficult to gauge traffic impacts and determine whether or not a traffic study required as set forth under Item E on the Rezoning -Specific Application and Checklist. In lieu of this information, the Staff must rely on its general analysis prepared for the review of the Small Scale Amendment. This information is provided below: Peak hour traffic with 40,000 square feet of office space @ 1.49 trips/1,000 square feet of space = 54 trips. Peak hour traffic with 40,000 square feet of general commercial space @ an average of 3 trips per 1,000 square feet of space = 120 trips. Peak hour traffic with 40,000 square feet of medical office @ 3.72 trips per 1,000 square feet of space = 149 trips. If the property were to be used as one would usually expect, i.e., two or fewer stories devoted to one or another form of retail, small restaurant, or service use on the ground floor with offices above, we would not expect traffic generation to require a traffic study. However, some uses such as high -turnover restaurants and medical offices generate significant levels of traffic, and would likely generate traffic in excess of 100 peak hour trips and therefore trigger the need for a traffic analysis. Certainly, a traffic study may be required at the site plan review stage 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Given sound drainage and stormwater management one would not expect flooding or drainage problems. These issues will be specifically addressed by the TRC dur- ing its review of the project's site plan. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions on the property are those which are the standards prescribed by the Land Development Code and the Comprehensive Plan. ld Staff Report Applicant: Elbert Ba , & Franny Watford Rezoning Request Petition No.: 08-006-R Recommendation: Based on the foregoing analysis, Staff recommends approval of the request to rezone the property from RSF1 to CLT. Submitted by - Submitted by: James G. LaRue, AIC October 15, 2008 Planning Board hearing: October 23, 2008 Council Hearing: November 4, 2008 Attachments: Future Land Use Map Zoning Map County Property Appraiser's Aerial r Staff Report Applicant: Elbert n & Franny Watford Rezoning Request etition No.: 08-006-R FUTURE LAND USE BATTON-WATFORD SITE AND ENVIRONS i SINGLE - FAMILY 200 0 200 400 Feet MULTI - FAMILY - - - - COMMERCIAL Staff Report Rezoning Request Applicant: Elbert Ba. & Franny Watford Petition No.: 08-006-R 7� i I 24 I I A ZONING BATTON-WATFORD SITE AND ENVIRONS ZONING M CHV M RMF RSF1 NE-6th St. Staff Report 40 Applicant: Elbert Rezoning Request Okeechobee County Property Appraiser's Aerial Elan & Franny Watford Petition No.: 08-006-R Master Land Development *ication and Checklist: Rezone — Spis Exception — Variance (Rev. 12/07) Date: ' �4 Petition No. (1) City of Okeechobee General Services Department l Fee Paid: Nt "'"9 Jurisdiction: PA Okeechobee, Florida 39974-2903 I lst Hearing: �� kR 2"° Hearing: !1 1Cv Phone: (863) 763-3372, ext. 218 I Publication Dates: Fax: (863)763-1686 Notices Mailed: (below for office use only) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 `16 17 18 Name of property owner(s): P&-Ad i I� 1-1-1-ph imV Owner mailing address: ,�� wiiiD.�% 0 391(A-'X Name of applicant(s) if other than owner 4 �—V A v1 VN--4 ► J &-1 fbY/J Applicant mailing address: :;�1 ` Np 2,L / 7 �\j Qp C V _,e 3y�'1 `i,- Name of contact person (state relationship): '6-0 r\J 0,4fU rd I & fJm Contact person daytime phone(s): (qV-") g2,4-OS�r-c, Property address/directions to property: 3CA Ni 41`- Describe current use of property: Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc.): h 0-y A Approx. acreage: I elN )o f5 is property in a platted subdivision? Yes N Is there a use on the property that is or was in violation of a city or county ordinance? (-2C� No, If, yes, describe the use and violation: Have there been any land development applications submitted in the past year that involve any part of the property? (�()No (_)Yes If yes, provide date, name of applicant, and brief description of the nature of the application: Is a pending sale of the property subject to this application being granted? (�6 Yes (^) N Do you own any other lands adjacent to the subject property? No Yes If yes, describe the current and intended uses: Describe uses on a4joiniVg p operty to the - North: (\UA.),-Y 1 ' "G "u � � �51M.Mfi V C L 00 East: South: bmrw V L1 0 West: e0rh I'Iem, ( (kikVVI) Existing zoning: 1(�S�CI >T 1� I C�) o Future Land Use classification�I Request is for: (-,-^I) Rezone&T'''.r (L__) Special Exception (_) Variance u Parcel Identification Number: -,�j �1, �S� nC) I D — f)) ( bL) L-)d-7 p 3 _115— :�1- 7yS 1'lS-3-1-35. o01O--6k100-- CO1G' 017-0 Master Land Development At. .cation and Checklist: Rezone — Spec,_. Exception — Variance (Rev.12/07) (below for office use o 19 Applicant's statement of interest in property 20 Last recorded warranty deed 21 Notarized letter of consent from property 3owner if applicant is different from property howner)p Property survey (onc copy I I" x 17" and two copies 24" x 36") containing: 22 a. certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description c. Computation of total acreage to nearest tenth of an acre 123 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) / 25 Nonrefundable application fee: Rezone:$500; Special Exception:$250; Variance:$250; all plus $30/acre. 26 I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may resulting the summary denial of this application. Printed Name Date For questions relating to this application packet, call the General Services Dept. at (863) 763-3372, ext. 218 This Instrumen ared By. i����N�� ANDREw M CuRT Q. 1 0p ®1 Suit North west " Avenue FILE NUM 2005011052 Suite 2?8 . ORa r, 00563 PG 1 425 Delray Beach, Florida 33445 SHARON ROBERTSONr CLERK OF CIRCUIT COURT Telephone (561) 265-1220 OKEECHOBEE COUNTYr FL Record and Return to: RECORDED 05/18/2005 03:44:45 Ph the above attorney RECORDING FEES 10.00 RECORDED BY N Arnold QUIT -CLAIM DSED THIS QUIT -CLAIM DEED, executed this day of P CI'f�, 2004, `it ',1txetween ABDUL M. C039M and YAMS= A. C DIBIA CMW= T7AV2M CUMANY, .Ogrein referred to as the "GRANTOR-, and ABDUL M. CUIMM and YASI¢N A. CUIDSR, cl Co -Trustees o es u the ABDUL BLY ZVIla TRUST, �u �dez Declaration of Trust, dated %s� as to an fiia vided 1 / 2 interest, and YASMZN CMOM /ABDUL N/ GRID, as Co- TrtRees of the Ar LZVZ1Ai TRUST, under Declaration of Test, dated=, 5+/ �° as to an undivided i / 2 inteie�t, all ha ing an addres of 3302 NW 122" Avenue, Coral Springs, Flori`¢a,13065, with the power and authority to protect, conserve, and to sell,`ie32, encumber or otherwise manage and dispose of the real property conveydd; thereinafter the "GRANTEE--- -(Whenever used herein the term "Grantee" and -party" include all the parties to this instrumei .whether singular or plural). WITNESSETH Vhit the said GRANTOR, for and in consideration of the sum of Ten and 00/40 t$10.00) Dollars and other good and valuable consideration, in hand pa By the said GRANTEE, the receipt whereof is hereby acknowledged,%oep' hereby remise, release and quit -claim unto the said GRANTEE foreve ti 1't the right, title, interest, claim and demand which the said GRANTO �,lza in and to the following described lot, piece or parcel of land, 7tuate, lying and being in the County of OKSECAOBAN, state of FLORZDA,S-tif+ti.t: CITY OF OKESCVOB= LtfT9--1 TO 6 ZNC BLOCK 110 This is an inter -famil}f ctnveyance; therefore minimum documentary stamps are attached. This do3 6Gnt is being prepared without the benefit of title examination, as re4tte#�ed by the Grantor. Parcel ID No 3-15-37-35:711 10-01100-0010 TO HAVE AND TO HOLD The same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title interest, lien equity and claim whatsoever of the said GRANTOR, either in law or equity, to the only proper use, benefit and behoof of the said GRANTEE forever- . IN w SS WHEREOF, the GRANTOR has hereunto executed these presents the day and y fir�'t above written. baled and delivered the presence of: int1N'ame: STATE OF FLORIDA COUNTY OF BROWARD .e oLvL M. 4-LAMMEK . . 3202 NW 122sQ Avenue Coral Springs, Florida ,33065 /,fAJwCJ`-� J_ 3202 NM 122"Q Avenue Coral Springs, Florida 33065 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to administer oaths and take acknowledgments, personally appeared ABDUL M. CU301M and YASMZN A. CUMBER, who have produced Drivers' Licenses as identification and did not take an oath, but acknowledged before me the execution of the foregoing instrument fo urpo es therein expressed. w SS my han d official seal in the o and State lasesaforesaid this day of 2004 f- -'CRY PUBLIC, State of Florida My Commission expiresoft t .F « t L 299 499 i WARRANTY DEED i ff�indentm made Ws U day of October, Igas, BEfW1EEN Sq[iit�3EL M. MEUNE, ajWa SAMUEL MELINE, and AUDREY MEUNE, his wife �f aAruLi 3ISON SI REET. HOLLYWOOD. FL 33021 G'R1 ww ABDUL 14' PMBER and YASMIN A. CUMBER, his wi(e of 3202 N. W.1tP.NUE, CORAL SPRINGS, FL 33065 GRANTEE',- v W IT N E S S ET H. Thst*sddCtii^ for and in eomldersdon of the sum of TEN AND OMOOS (SIUM VoOara and ahcrgood and vAuAlc eonsidermfkxa 16pfd mWr b hand pid by std gramcc, dttreceipt whcmW Is hereby aektsaNerlged, hn gttumcd, bargained and sold to dw Lrah6c and grsm"'s heks forever the fWaafna described land locased iA the Courtga(UlCEE0I0BEE, State f Florlda. to w tt LOTS 1, 2. 3, 4,5, 6, 7. & 937 11 OF BLACK 110, OKEECHOBEE. ACCORDING TO THE FLAT THEREOF RECORDED T BOOK 2, PAGE 17, PUBLIC RECORDS OF S . LUCIE COUNTY. FLORIDA, ALSO RECORDEDjN-2J.\AT BOOK S. PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SUBTECTTO RESERVATIONS, IE1TIONS AND EASEMENTS OF RECORD, IF ANY, and said grantor tixa hereby fully vamnt t —' t�Yafd land, and -111 defend the same agalnse the tavdat claims ef 0 persona 'Si[VUd turd plural are interchangeable a! eatttc$ [o EN wrrsm W� HEREOF• Grantor has hereunto a aal al th1sdry and year best ate tutimrL w�NFss I,�-M>;tu�iE I �]QITTigSS elk- AWkF,tc E (' r > t i comryOi7 Bolo w a 2 %. f SrATE OP flARIDA - 1 i S HEREBY C2Ri1FY that an thin day of October, ME bef toe. tgt�Mer dutyqug&d to tste ack"wWe*mcnda, per--% mlly sppeced SAMUEL M. M 1TEN +Ikla SAlIt1EL MEUNE ANFSREY M['1�NE hb�lfe tome knwn w be the Wwn(m) described in and who =Cuted the foregoing &Wumtnt mad aclmba�d"fore toe that they c wcoted the same. PUBLIC->!ty ' ., -` S. FL f�Rt. Sr tn1P � t 1 Pre d tmd Retwo Ttt 3o�``f Des tR, PSOUIRE Pomt OMQQ BWM 1 6` r�ict 0kecehobce,VWrfda aasta (W) 76-3131 FUe Nusnbcr:8&23E3 - 'OFICIAL`l1OT*"M Sr1L" JOSENJ L. TZ IV Cori. r?.cu L ,"12 C r ;n pared By: This In M. ANDREW M. CURT SQ 101a 1llIM111�1 1300 North West 17t° Avenue Suite 278 FILE NUM 2005011050 Delray Beach, Florida 33445 C3R BK 00563 PG 1426 Telephone: (561) 265-1220 SHARON ROBERTSON? CLERY. OF CIRCUIT COURT Record and Return to OKEECHOBEE COUNTYY FL the above attorney RECORDED 05/19/2003 03;44:45 Ph RECORDIN6 FEES 10.00 RECORDED BY N Arnold =T-CLA K DS P� 7� j THIS QUIT -CLAIM VEND, executed this day of 2004, 'x.'� tween ABDQL M. CUMBER and YASUM A. D/B/A CUMMBR TRADZW CMPANY, ':hereir_ referred to as the "GRANTOR*", and AFIrl M, CLMJM and YASelIX A. ✓ CU1�ER, as Co -Trustees of the ABDUL X.=ARM=C� ZXVZM TRUE. upgJdt Declaration of Trust, dated as to an ided i / 2 interest, and YASN= A, CU1101ER, as Co- tiisteeS of the YASMII4ana ,der Declaration of .Ti& st, dated as to an undivided 1 / 2 intdr�t, all having re s of 3202 PN 122" Avenue, Coral SyriW&, FSOAPPA 33065, with the power and authority to protect, conserve, and to sell, '3ea�, encumber or otherwise manage and dispose of the real property conveyer thereinafter the "GRANTEE*". *(Whenever used herein the term •Grantor!,-��;"Grantee" and -party" include all the parties to this instrum-ilk whether singular or plural). WITNESSSTB'-.r�bgt the said GRANTOR, for and in consideration of the sum of Ten and O011d(� `" $10.00) Dollars and other good and valuable consideration, in hand pait�= the said GRANTEE, the receipt whereof is hereby acknowledged,\\ e�,hereby remise, release and quit -claim unto the said GRANTEE forevet�tl'j the right, title, interest, claim and demand which the said GRANTOIL,fiha$= in and to the following described lot, piece or parcel o`_ land, i�aate, lying and being in the County of State of FLORZDA, r�otiwit CITY OF 0X=Cff0Z= '7 To 11 Z111C BLOCIt 110 This is an inter-familf.Z6veyance; therefore minimum documentary stamps are attached. This doq}[ _6nt is being prepared without the benefit of title examination, as re4�ed by the Grantor. Parcel ID No. 3-15-37 ?5�10010-01100-0070 TO HAVE AND TO HOLD The same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title interest, lien equity and claim whatsoever of the said GRANTOR, either in law or ecly. y, to the only proper use, benefit and behoof of the said GRANTEE forever. 7 1 IN WITNF6S WHR}kEOF, the GRANTOR has hereunto executed these presents the day and yeaVVirst sbove written. and delivered edence of: vv Name: — nt STATE OF FLORSnA COUNTY OF BROWARD 3202 NK 122'° Avaaue Carat springs, F20vids 33065 Ark.� YASMSN A. coam R 3202 NW 122' Avenue Core2 Sprlags, P20rida 33055 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to administer oaths and take acknowledgments, personally appeared ABDUL M. CUMER and YASMIN A. CMMIM, who have produced Drivers` Licenses as identification and did not take an oath, but acknowledged before me the execution of the foregoing instrument f h. 1,:ir ses therein expressed W SS my handjjn�d official seal in t Coun d S ast aforesaid this day of L&C 2004. NOTARY PUBLIC, State of Florida ANDREW K CURT13 ..lame: Qa—v 000lenos , My Commission expiz fmns 71M2006 i .:aF r �a.awa(8WXMszs.•: i 0 pppp (� 8601c 299 PecE 499 i I WARRANTY DEED }if�tndentlrn made this G day of October,1988, BETWEEN t `f SgM L M. MELINE, aNa SAMUEL MELINE, and AUDREY MELINE, his wife �>Sc 4iJ4�ISON STREET, HOLLYWOOD. FL 33021 G •iRiE`. and 1 'J _/`��'--11�� ABDUL NI;.a1BER and YASM(N A. CUMBER, his wife r., of 3202 H. W.11 , B 1jENUE, CORAL SPRINGS, FL 33065 GRANTEE*, W f T H P S 5 E T H, 71" said for and in catddcration of the sum of TEN AND OOAOn (SlaM Douats and eftr good and valtatbk cotaiderai =lntin hand paid by sid Grantee. dt2 receipt whaeol is hctuby adowadedged, hat grain: bargained and sold to the jra and gaecb Min forever the foOoaNg described land locakd in Ow: Counq a(OKEEMORM State of Florida, wink LOTS 1. 2, 3. 4, 5. C 7. & 9. 11 OF BLOCK 110, OKEECHOBEE. ACCORDING TO THE PLAT THEREOF RECORDED T BOOK Z PAGE 17. PUBLIC RECORDS OF S . LUCIE COUNTY. FLORIDA. ALSO RECORDED).-!�T BOOK 5. PAGE 5. PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SUBJF_CIrTO RESERVATIONS, L LIONS AND EASEMENTS OF RECORD, IF ANY. and said grantor does Umby ru➢y wamni t "aid )and, and wl➢ delend the aatae agabut the tr*fot claims of all perswo whamsow". l' j i 'Sinplar and pluri arc lnterchan`oabk as tontdt rfgo�re (NWICKMWNEREOF,Gnnuwhas hcreuntoae and a d*dayaadyerfusabovewritkn. i MEL S tj 9iE �N//v� —WITNESS L � J AU f�E i courtfYOF 5&vwa� SLATE OP FLORIDA I HEREBY CE M FY that on ells day a(Oaober, l9➢fi W( ➢ec. aA oa:7 duty qu,4u l to fate skmuAc:=, a. petsoaally appeared SAMUF] M M afkla SAMUFL MEUNE, Af iFIREY MF�JNE, h!s tvik ao a: moan m U life pe—(s) deacrlbcd io sod who ccocutcd the forgahu tnstrnmcat and &C d'" toe Ow they estatad ft same. Pu c=btyooatewion ra }�>' Fl..iJRI N- ppaarercd HHyy : a j ` 7OE4t DCASSE►S. ]:C ESQUtHE • s mat' , •. - a ' + ra. Zi Z s a. i} i% j Past 0001 an 968 �' -1tie1 . •... %. ; j t,Maidda i Flk Ntanber: 8B-�]ds _ - r�; r� 1 .. t4fr CFF�i °CFFIC[AL It0MY ST_AL• JOSEP11 L. SCit?!,lrTZ fly CORN. r.Y?. 5/;';•t? a This rn M. CURnt ,red By:0. 1�1 �R0 1 AI.TDREW M.CURTI 1300 North West 17f° Avenue Suite 278 FILE MUM 200501104V Delray Beach, Florida 33445 OR BK 00563 PG 1425 Telephone: (561) 265-1220 SHARDN ROBERTSONr CLERK. OF CIRCUIT COUP.T Record and Return to: OKEECHOBEE CDUNTYr FL RECORDED 05/18/2005 03:44:45 PM the above attorney RECORDING FEES 10.00 RECORDED BY N Arnold ��. QIIIT-CLAIM DEED =,: THIS QIIIT-CLAIM DEED, executed this day of `+, y 2004, 4 ,tietween ABDUL M. CVNBSR and YASNIN A. D/B/A CUUMM TRADTNO CONPANY, : Aaerein referred to as the "GRANTOR*an AZ= X. cu*03ER and rAMCM A. '!COMBER, as Co -Trustees of the ABDUL it. CUD®.ER/ LIMN!? TRUST, undeY Declaration of Trust, dated %Zfld/� as to an t�tided 1 / 2 interest, and YASMIN A. CUI�J�Z n$J X. CLH�t, as Co- TtvB'tees of the YA6NIN A. REvocABLE LZv=G under Declaration of ,TXN'Vt, dated as to an undivided 1 / 2 intd�t, all havin a re s of 3202 AV 122- Avenue, Coral Spring,, Flori`t(a 3065, with the Poker and authority to protect, conserve, and to sell, `ie encumber or othe ise manage and dispose of the real property conveyed"; thereinafter the "GRANTEE-. *(whenever used herein the term "Grantor"; -Grantee" and "party" include all the parties to this instrument whether singular or plural). WITNBSS&TH t1 tt the said GRANTOR, for and in consideration of the sum of Ten and Oo/1Q^i10 00) Dollars and other good and valuable consideration, in hand pail : the said GRANTEE, the receipt whereof is hereby acknowledged hereby remise, release and quit -claim unto the said GRANTEE foreve >5ll;the right, title, interest, claim and demand which the said GRANT0 -}ins in and to the following described lot, piece or parcel of land, Ci-t ate, lying and being in the County of 0RS8CN0BES, State of FLORIDA, yo tieait- CITY OF OMM-'pOBIM L*T___42 BLOCR 110 This is an inter-family!cCmreyance; therefore minimum documentary stamps are attached. This docgimsnt is being prepared without the benefit of title examination, as re4ueq-ted by the Grantor. Parcel ID No.: 3-15-3'1-3k;16010-01100-0120 TO HAVE AND TO HOLD The same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title interest, lien equity and claim whatsoever of the said GRANTOR, either in law or equity, to the only proper use, benefit and behoof of the said GRANTEE forever IN WITNESS HERebF, the GRANTOR has hereunto executed these presents the day and year fost above written. d and delivered presence of: int`Name: STATE OF FLORIDA COUNTY OF BROWARD ABDUL X. cajrasx 3202 NN 122v° Avenue Coral Spring,, Florida 33065 q,/' U &1.1j114/7 YAMEIN A. d0kibSR 3202 NW 122" Avenue Coral Spring,, Florida 33065 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to administer oaths and take acknowledgments, personally appeared ABDUL M. CMMZR and YASNIN A. CUIMM, who have produced Drivers' Licenses as identification and did not take an oath, but acknowledged before me the execution of the foregoing instrument for the purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2004. NOTARY PUBLIC, State of Florida Name: My Commission expires: �O C%� y grtYs R 3 04',; THIS QU1 F Z9 Ms. SHERON MIt CUMBER TRADING£ Coral Springs, Florida BKo 41 5 PAR 1 107 Documer+ary Stamps ;�a„t in -ht amount of 5 -7D C+ass C tnlang+Dle taw oa+r• ,n the —ou-r Clerk s? t,utruil Cowl ante (Recording Information Above) OUIT CLAIM DEED 1^ AIM DEED, Executed this day of December, 1998 by LE, first party, to Abdul Cumber & Yasmin Cumber, DB/A DNPANY, whose post office address is 3202•NW 122 Avenue, ?t-3153, second party (wherever used her`eiq -first party" and -second party" stall include singular and ph". heirs, legal representatives, an�riaatgns of individuals, art0 the successor and assigns of the corporations, where the context so admits or muires.) WITNESSETH, That the first party, for and in considerationof the sum of $10 00 in hand paid by the said second party, the receipt whetwf is hereby acknowledged, does hereby remise, release and quit claim unto the second party forever, all the right, title, interest, claim and demand which the said first parry has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Okeechobee, state of Florida, to -wit: LOT 12, BLOCK 110, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SUBJECT to restrictions, reservations and easements of record, if any THE ABOVE DESCRIBED REAL PROPERTY DOES NOT CONSTITUTE THE HOMESTEAD OF THE GRANTOR WHOSE CURRENT POST OFFICE ADDRESS IS 7040 WEST PALMETTO PARK ROAD, SUITE 4-429, BOCA RATON, FLORIDA 33433 TO HAVE AND TO HOLD the same together with all and sittgttlar the appurtenances thereon belonging or in anywise appertaining. and all the estate, right, title, interest, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. OR-SO6 Tax Deed Fite No. 97-21-TD R.10191 Property Identification No, 3-15-37-35-0010-01100-0120 -610 b TAX DEED $ATE OF FLORIDA COUNTY by-6=FC60BEE The fctlbialpg Tax Sale Certificate Numbered 2500 issued on May �3 ; 1994 was filed In the office of the tax collector of this County and application made-fl the issuance of a tax deed, the applicant having paid or redeemed all other taxes or tax sale certificates on theiiin&-described as required by law to be paid or redeemed, and the costs and expenses of this sale, and due notice of sate having been published as required by law, and no person entitled to do so having appeared to redeem said land; 3(ir and was on the 30th day of SEPTEMBER .1997 offered for sale as requtfad by law for cash to the highest bidder and was sold to CUHBER TRADING COMP whose address is 3202 13:'t. �22nd AVENUE, CORAL SPRINGS, FLORIDA 33065-3153 being the highest bidder ar%( ng paid the sum of his bid as required by the Laws of Florida. NOW, on this �tks day of SEPTEMBER 19 97 In the County of OKEECHOBd_ , State of Florida, In consideration of the sum of IS 1,834.27 } ONE $1ii6VWD EIGHT HUNDRED THIRTY FOUR AND being the amount paid pursuant tolfid (-"s of Florida does hereby sell the following lands situated in the County and State aforesaid and described as f�tgvv#? CITY OF OXEECH LOT 12, BLOCK'i FILED FOR MOD OIiEECIIOLIE-E i ,r'• = L> J'� �;, .. 300332 91 OCT -3 AE 1 ?' J C e k of Circuit Cuurt ocC6unty Comptroller � ` r SHAR01•19O CLERK OF CIRCUIT COUIiT _ OKEECHOBEE County,Florida. Documentary Stamps paid 10he amount of Witness: n g (3. O _ WANDA S ARK .yy� Class C Intangible Tax paid M the amount of $ 71 /} anc xi, rnLLa era ��r� "� ct1t Qs✓ {O 3 97 STATE OF FLORIDA Clark of Circuit Court date COUNTY OF OKEECHOBEE On this 30th day of SEPTEMBER .19 97 , before me A NOTARY PUBLIC personally appeared SHARON ROBERTSON Clerk of the Circuit Court or County Comptroller in and for the State and this County known 10 me to be the person described In, and who executed the foregoing instrument, and acknowledged the execution of this instrument to be his own free act and deed for the use and purposes therein mentioned. Witness my hand and official seat date aforesaid. WOE ncj a WANDA S. CLARK ' BKO39S liff1551 Rezoning -Specific Application : ' Checklist (rev. 12107) �A B C W E IF Current zoning classification: P\5 F _' Requested zoning classification C° L—T Describe the desired permitted use and intended nature of activities and development of the property? yLe -Zcw �im -y c? t (C Is. a Special Exception necessary for your intended use? Cl) No (_) Yes If yes, briefly describe: Is a Variance necessary for your intended use? ( No (—) Yes If yes, briefly describe: Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Trio Generation. Attachment addressing the required findings as described below: FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (See. 70-340 in the Land Development Regulations) 1la It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. 4. The proposed 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. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, ExL 218 Page I of I 1. There is already commercial property surrounding the subject property. We want to conform to the intentions of the city. 2. Many surrounding blocks are zoned commercial. 3. It would be more appealing to the public to have commercial zoning in this location verses residential due to the traffic volume and noise on 441 and also the surrounding businesses currently doing business around the proposed block. 4. Many surrounding areas are already zoned commercial. 5. It will not affect living conditions because there is not anyone living on the surrounding blocks. It will only raise property values. 6. Any commercial building that is built on subject property will help buffer the noise from 441. 7. There aren't any public facilities in the surrounding area that will be affected. 8. Any traffic congestion, drainage, and flooding will be addressed when building on the site. 9. There are no restrictions that we are aware of. City o:t Okeechobee Planning D.+aY "ea_ 55 SE 3rd. Avenue; Okeechobee, FL 34974 Phone (941) 763 3373 Fax (941) 763r1686 LAND USE PONVER OF ATTORNEY Name ofProperty ems): A b' 0 Yn "IX,,ti' 4 vsrnI ri CWm laces MdRing Address: -SIj U 4 W t 1 I bki i X rj- b V Home Telephone: Mork Telephone: operiY Address: '3 OA l�l e L041 `4 . DW i-) 06e� Gt '--� 4 -1-7 ;t, Parcel Tax ID Number;: -,-11533r-, � -35- 0�4 a - ttoo -am� p ,3-� -3'1-�<;—�ao►.n- u� t - o� Pao ame of Applicant;nV-j o..i-in -<t one Telephone: LI LVq - CV a- Work Telephow. &o;,7 Ss o -b �roo - TheUndersigned, being the record title owner(s) of the real property destnil:yed above, do hereby gnmt unto the Applicant stated above the fill right an, power of attorney to make application to e City of Okeechobee to change the land use of said property- This land use change tray include ruing of the property, the granting of special exceptions or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be laced upon the use or operation of the property- Misswments upon app)iic anon or in any hearing may result in the termination of any special exception er 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 statemeut of such termination effective upon receipt by the Planning Department_ WHEREOF UM UNDERSIGNED HAVE SET THEIIt HANDS AND SEALS Is / DAY OF ,t,),S, T- I&P-42- Owner Owner waiDU Witness )re me the undersigned authority personally appearedthe owner(s) named above who upcn being duly m ackinowledged before me that they are the owner(s) ofthe real property descrrbed above and that ewnecatedthe power orfattomeyfcn purpose stated theein.Swomand sabscnbedthis _ Z day •,•�.r•, JAMES T. MURPHY •NN4 "R Wary Public, State of Florida My Comm. Expires Sep. 22, 2009 a , .sty.• Comm. No. DD 474653 SFAL nary Pubhc rmrnicci�a Expires. v August 22, 2009 To Whom It May Concern: We are requeg stin the rezoning of Parcel number 3-15-37 � 37-35- 0010 0 1100-0010, 3-15-37-35-0010-01100-0120, and 3- to 00 We are requesting the zoning be changed commercial, C-L i Thank you, Franny Watford NAME OWNADDRI OWNCITY OW OWNZIP ------------------------------------------------------------------- -- BIG LAKE NATIONAL BANK 1409 S PARROTT AVENUE OKEECHOBEE FL 3497400 BROWN MICHAEL G & THERESA PO BOX 120 OKEECHOBEE FL 3497301 BUDENSIEK JOHN MICAH JR & 9134 SE MORNING STREET HOBE SOUND FL 33455 BUXTON PAUL M & MARILYN A 110 NE 5TH ST OKEECHOBEE FL 3497226 CHURCH OF GOD 301 NE 4TH AVE OKEECHOBEE FL 3497200 CHURCH OF GOD 301 NE 4TH AVE OKEECHOBEE FL 3497200 CUMBER ABDUL M & CUMBER Y 2464 WILLOWBEND DRIVE ST AUGUSTINE FL 32092 CUMBER ABDUL M & CUMBER Y 2464 WILLOWBEND DRIVE ST AUGUSTINE FL 32092 DEMETER JEANNETTE 310 NE 6TH ST OKEECHOBEE FL 3497226 ELLERBEE BILLY J & STACY 308 NE 6TH ST OKEECHOBEE FL 34972 FITT CECILE H P 0 BOX 832 OKEECHOBEE FL 3497308 GREENBERGER JANIS P 0 BOX 1092 OKEECHOBEE FL 3497310 MADRIGAL ANSELMO & MARYAN 1788 SW 8TH STREET OKEECHOBEE FL 34974 MITCHELL RONALD & GIANINN 8800 NW 160TH STREET OKEECHOBEE FL 34972 NIX CATHERINE S TRUSTEE 201 NE 5TH STREET OKEECHOBEE FL 3497226 NIX CATHERINE S TRUSTEE 201 NE 5TH STREET OKEECHOBEE FL 3497226 NIX CATHERINE S TRUSTEE 201 NE 5TH STREET OKEECHOBEE FL 3497226 NIX CATHERINE S TRUSTEE 201 NE 5TH ST OKEECHOBEE FL 3497226 OKEECHOBEE PRESBYTERIAN CHURCH OR NOMINEE OKEECHOBEE FL 3497229 OKEECHOBEE PRESBYTERIAN C 312 N PARROTT AVE OKEECHOBEE FL 34972 OKEECHOBEE PRESBYTERIAN C 312 N PARROTT AVE OKEECHOBEE FL 3497200 WELTZ WILLIE RUTH 501 NE 4TH AVENUE OKEECHOBEE FL 34972 WOLFORD WANDA SUE TRUSTEE 1888 EAST ROAD JACKSONVILLE FL 3221645 WOLFORD WANDA SUE TRUSTEE 1888 EAST ROAD JACKSONVILLE FL 3221645 Y & G LAND CO LLC 1615 NW FEDERAL HWY STUART FL 34994 SURVEYOR'S C I HEREBY CERTIFY THAT AND IS TRUE AND CORRE AS SURVEYED IN THE FI COMPLIES WITH THE MIN] CHAPTER 61-G-17-6 BY ' PURSUANT TO SECTION 4 ARE NO ABOVE GROUND E BYs REGISTERED LAND SURVE71 FLORIDA REGISTRATION 41 GE❑RGE M. AYLOR, JR. R.L.S. • [J 300'00' (P & M) 1 50.00' (P) 50.00' (P) ( 50.00' (P) ( 50.00' ( P) I 50.00' (6 50-000' (P) SS. 21 ,g8 �O L. FICATE O 1 I I I I i I 300.00' (P & M) LEGEND (F) LOCATION MAP rdMw!!G S f f S � � Nn HdR ��• 11e'9L? M. 41w 4w lhK !F 9! Y.fr Atl Ci Sw kC :F •{•:W £ Sr M9!� �'E ]OW Mq'YR Y_ (ipppMlW1EC LEGAL DESCRIPTION: I LOTS 1 THROUGH 6, BLOCK 110, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. CONTAINING 0.96 ACRES )� - ADDRESS, XXX NE 5TH STREET OKEECHOBEE, FLORIDA -` FLOOD ZONE= 'X' UNMAPPED f SURVEY NOTES: Q 1. NOT VALID UNLESS SEALED WITH AN EMBOSSED 2. SURVEYOR'S SEAL, LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OR OWNERSHIP. 3. LAND DESCRIPTION HEREON WAS PROVIDED BY t 4, THE CLIENT. BEARINGS SHOWN HEREON ARE BASED ON THE i� 5. CENTERLINE. THIS SURVEY NOT TO BE USED FOR FENCE INSTALLATION, SPRINKLER SYSTEMS, SHRUBS, OR OF ANY OTHER UTILITIES WITHOUT REV_RIFICATION 6. PROPERTY CORNERS. ELEVATIONS SHOWN HEREON ARE BASED UPON N.G.V.D. 1929. 7. DIMENSIONS PREVAIL OVER SCALE. CERTIFIED TO: I FIELD WORK COMPLETED: 08/26/08 SURVEY MAP IS PER RECORD DESCRIPTION • -FOUND CONCRETE MONUMENT -FOUND 5/8 DIA. IRON ROD BOUNDARY SURVEY THE BEST OF MY KNOWLEDGE AND BELIEF • $ -EXISTING WIRE FENCE McINTOSH AND ASSOCIATES I FURTHER CERTIFY THAT THIS SURVEY -EXISTING CHAINLINK FENCE SURVEYING &MAPPING PREPARED ON THE ORDER OF, E HNICAL STANDARDS SET FORTH IN -EXISTING WOOD FENCE RIDA BOARD OF LAND SURVEYORS -CENTER LINE 325 SW SOUTH QUICK CIRCLE ELITE TITLE, INC. LORIDA STATUTES, AND THAT THERE FFE -FINISH FLOOR ELEVATION PORT ST. LUCIE, FLORIDA 34953 HMENTS OTHER THAN SHOWN. PSM -PROFESSIONAL SURVEYOR (772)878-7568 (voice) SCALE, DRAWN BY, FILE NO., AND MAPPER (772)343-1091 (fax) 4249 DATE, D R/W -RIGHT-OF-WAY -POINT OF CURVE CERTIF. OF AUTHORIZATION NO, LB7332 1'=60' TMW PC A -DELTA ANGLE L -ARC LENGTH X 0.00 -TYPICAL ELEVATION a ki 8 0 8g R 50.00' (P) 8 0 c - 50.On' i P) r, • 500'00' (P & M) 500.00' <P & M), tj t / 290.00, (P & M) 50.00' (P) 50.00' (P) 50.00' (P) 50.00' (P) (99. 8 9 10 11 ft OCK 10 q 50.00' (P) 5n000' (P) 50(X)' (P) 50 (P1 250.00' (P & M) F LOCATION MAP r�*WaW" .,mM e v.. ee.x ear. aa S 2M2! KSi S."ft 3 vil, ..die xu.ar T G]me,`e,mwp ke ow"hISV m LEGAL DESCRIPTION: I g LOTS 7 THROUGH 11, BLOCK 110, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC _C5 RECORDS OF OKEECHOBEE COUNTY, FLORIDA, CONTAINING 0.80 ACRES I ADDRESS= 309 NE 5TH STREET OKEECHOBEE, FLORIDA g g FLOOD ZONE= 'X' - UNMAPPED 50.00' (P) � SURVEY NOTES: 1. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. - 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED a; a FOR RIGHTS -OF -WAY, EASEMENTS, OR OWNERSHIP. 3. LAND DESCRIPTION HEREON WAS PROVIDED BY 8 z THE CLIENT. C5 4. BEARINGS SHOWN HEREON ARE BASED ON THE - Q I CENTERLINE. Z 5. THIS SURVEY NOT TO BE USED FOR FENCE INSTALLATION, SPRINKLER SYSTEMS, SHRUBS, OR ANY OTHER UTILITIES WITHOUT REVERIFICATION OF PROPERTY CORNERS. 6. ELEVATIONS SHOWN HEREON ARE BASED UPON 5o.oa (P) N.G.V.D. 1929. 7. DIMENSIONS PREVAIL OVER SCALE. c. I CERTIFIED TO: SURVEYOR'S CERTIFICATE LEGEND: FIELD WORK COMPLETED, 08/26/08 I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION • -FOUND CONCRETE MONUMENT AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF • -FOUND 5/8' DIA. IRON ROD MciNTOSH AND ASSOCIATES BOUNDARY SURVEY AS SURVEYED IN THE FIELD. I THER CERTIFY THAT THIS SURVEY $ -- -EXISTING WIRE FENCE -EXISTING CHAINLINK FENCE SURVEYING 8� MAPPING COMPLIES WITH THE MINIMUM TE CAL STANDARDS SET FORTH IN -EXISTING WOOD FENCE PREPARED ON THE ORDER OF: CHAPTER 61-G-17-6 BY THE FLQ ID BD RD OF LAND SURVEYORS �- -CENTER LINE 325 SW SOUTH QUICK CIRCLE PURSUANT TO SECTION 472.027 LO IDA STATUTES, AND THAT THERE FFE -FINISH FLOOR ELEVATION PORT ST. LUCIE, FLORIDA 34953 ELITE TITLE, INC. ARE NO ABOVE GROUND ENCROAC M T OTHER THAN SHOWN. PSM -PROFESSIONAL SURVEYOR ,� `C BY. DATE: AND MAPPER C772>878 -1091 (volce<fax)) (772)343-1091 Cfnx) SCALE: DRAWN BY, FILE NO.: R/W -RIGHT-OF-WAY 1'=60' TMW 4249B PC -POINT OF CURVE CERTIF. OF AUTHORIZATION NO. LB7332 REGISTERED LAND SURVEYOR a -DELTA ANGLE FLORIDA REGISTRATION #4015 L -ARC LENGTH GEORGE M. AYLOR, JR. R.L.S. a X 0.00 -TYPICAL ELEVATION • • 1 LOCATION MAP I gs 7 50.00' (P) 50.00' (P) ZE sh- 50.00' 1 P) SURVEYOR'S CERTIFICATE • •• 300.00' (P & M) N01" II 300.00' (P & M) 300.00' (F & M) 50.00' (P) 1 50.00' (P) Of iNLIuM 50.00' (P) 1 50.00' (P) 300.00' (P & M) _ 1' s-�a°r LEGEND: 50.00' (P) I vv '(P Ss, o %R 12 a� 7,©eOSf, 0 0, 1nAcP5 0 r ss h 50.00'(PsW 3A I I FIELD WORK COMPLETED: 08/26/08 GIni�2 Ru'A9R 0�=yR prftxX j+ r aF rre sex g wow 5wabx s` &Dw9ti xas '''+ s s.adx %rtti'4.lao 97Pae M1'WP++� � OQDOSnNV1Etl LEGAL DESCRIPTION: LOTS 12, BLOCK 110, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, CONTAINING 0.16 ACRES ADDRESS: XXX NE 4TH STREET OKEECHOBEE, FLORIDA FLOOD ZONE. 'X' UNMAPPED SURVEY NOTES: 1. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OR OWNERSHIP. 3. LAND DESCRIPTION HEREON WAS PROVIDED BY THE CLIENT. 4. BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE. 5. THIS SURVEY NOT TO BE USED FOR FENCE INSTALLATION, SPRINKLER SYSTEMS, SHRUBS, OR ANY OTHER UTILITIES WITHOUT REVERIFICATION OF PROPERTY CORNERS. 6. ELEVATIONS SHOWN HEREON ARE BASED UPON N.G.V.D. 1929. 7. DIMENSIONS PREVAIL OVER SCALE. CERTIFIED TO: IPTION■ -FOUND CONCRETE MONUMENT AND EISBTRUE RAND CORRECT TO HE BEST OF MY KNOWLEDGE TIFY THAT THIS SURVEY MAP IS PER RECORD DAND RBELIEF • -FOUND 5/8' DIA. IRON ROD AS SURVEYED IN THE FIELD. )CENTS RTHER CERTIFY THAT THIS SURVEY $ -EXISTING WIRE FENCE McINTOSH AND ASSOCIATES BOUNDARY SURVEY COMPLIES WITH THE MINIMUM AEC ICAL STANDARDS SET FORTH IN -- -EXISTING CHAINLINK FENCE SURVEYING 8 MAPPING -EXISTING WOOD FENCE PREPARED ON THE ORDER OF: CHAPTER 61-G-17-6 BY THE A BOARD OF LAND SURVEYORS -CENTER LINE 325 SW SOUTH QUICK CIRCLE PURSUANT TO SECTION 472.0 RIDA STATUTES, AND THAT THERE FFE -FINISH FLOOR ELEVATION PORT ST. LUCIE, FLORIDA 34953 ELITE TITLE, INC. ARE NO ABOVE GROUND ENC OTHER THAN SHOWN. PSM -PROFESSIONAL SURVEYOR AND MAPPER (772)878- (voice) SCALES DRAWN BY- FILE NO., BY: DATES R/W -RIGHT-OF-WAY (772)343-1091 1091 (fax) PC -POINT OF CURVE CERTIF. OF AUTHORIZATION NO. LB7332 1'=60' TMW 4249A REGISTERED LAND SURVEYOR) o -DELTA ANGLE FLORIDA REGISTRATION #4015 L -ARC LENGTH GEORGE M. AYLOR, JR. R.L.S. X 0.00 -TYPICAL ELEVATION NOV 4 - r READ - EXH/81T Na. �- NOV 18 - FINAL - EXHIBIT NO. ORDINANCE NO. 1033 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM INDUSTRIAL (IND) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Roland and Michele Mossel, property owner(s), of the property more particularly described hereafter, has heretofore filed Petition No. 08-007-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.321 acre(s) from Industrial (IND) Zoning District to Residential Single Family -One (RSF-1) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on October 23, 2008, and submitted by staff report, which determined such petition(s) to be consistent with the Comprehensive Plan and is appropriate with the zoning uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and hereby finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained 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, located in the City of Okeechobee, to -wit: LOTS 19 AND 20 OF BLOCK 37, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF 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 zoning classification to be changed from Industrial (IND) Zoning District to Residential Single Family -One (RSF-1) Zoning District. Ordinance No.1033 - Page 1 of 2 SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 4T" day of November, 2008. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 18t" day of November, 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1033 - Page 2 of 2 0 AGENDA V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. B. Petition No. 08-006-R-confinued. C. Petition No. 08-007-R: Roland and Michele Mossel, property owner and applicant. Request for rezoning designation from Industrial (IND) to Residential Single Family -One (RSF-1). The property address is 116 Northwest 9'h Street. - Planning Consultant. OCTOBER 23, 2008 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 3 OF 7 ACTION - DISCUSSION • VOTE �1 Member Burroughs moved to find Rezoning Petition No. 08.005-11 consistent with the Comprehensive Plan and recommend approval to City Council to change the Zoning Designation from RSF-1 to CLT; seconded by Member O'Connor. VOTE MAXWELL-YEA HOOVER -YEA KELLER-YEA BURROUGHS-YEA MORGAN-YEA TORRES- YEA MCCOY - ABSENT O'CONNOR - YEA MOTION CARRIED. Petition No. 08-006-R final hearing will be November 18, 2008 before City Council. Mr. Brisson presented the Planning Staff report of approval stating the applicant wishes to make the zoning map agree with the future land use map, which is not contrary to the City's Comprehensive Plan. Chair Maxwell requested the applicant to address the Board. Mr. Brisson read a letter from Mr. Mossel stating he was in Houston, Texas working with the hurricane victims and was unable to attend the meeting and requested Mr. Brisson to explain to the Board his reasons for the rezoning request. A portion of the letter stated the home on this property has been there for 30 plus years. He would like to have this property rezoned to coincide with the future land use to make it possible to get a mortgage on the home. Chair Maxwell opened the Public Hearing and requested comments from the public. There were none, he then closed the Public Hearing. Chair Maxwell entertained comments from the Board. There were none. Member Burroughs moved to find Rezoning Petition No. 08.005-R consistent with the Comprehensive Plan and recommend approval to City Council to change the Zoning Designation from RSF-1 to CLT; seconded by Member O'Connor. VOTE MAXWELL-YEA HOOVER -YEA KELLER-YEA BURROUGHS-YEA MORGAN-YEA TORRES- YEA MCCOY - ABSENT O'CONNOR - YEA MOTION CARRIED. Petition No. 08407-R final hearing will be November 18, 2008 before City Council. ._ T . 1375 Ja2kson Street, Suite 206 • Fort s, Florida 33901-2845 Phone: 39-334-3366 Fax: 239-334-6384 Prepared for: City of Okeechobee Applicant: Roland & Michelle Mossel From: Industrial To: Single Family Petition No. 08-007-R 19 Staff Report Rezoning Request Applicant, land and Michelle Mosseli Petition No.: 08-007-R PA�cant Add:rE- General Information ��ntact a �w , ®�ing ®istrictD SL C '4 �-�e�r�i� �' _ 0 0 ' - { �9.,?ri:,.. `-�-"i,i"�i:9E� �V ����.^.��'�,�'..�-" '-y,,�,��?�,�i�����`I`�i' `t•3���,'j�,�'( . - Location: 116 NW 9t' Street Legal Description: LOTS 19 AND 20, BLOCK 37, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. The Applicant requests a zoning change from Industrial to RSF1 for a 0.321-acre lot located at 116 NW 91h Street. The property is, and has been for some time, occupied by a single-family home. The owner of the property is seeking refinancing. Despite the fact that the Future Land Use Designation is Single-family, the bank has been unwilling to approve financing because the property is zoned industrial, and therefore is noncon- forming_ It is necessary for the inconsistency between the zoning and Future Land Use designation to be corrected in order to obtain refinancing. Staff Report • Applic• Roland and Michelle Mossell Rezoning Request Petition No.: 08-007-R Adjacent Future Land Use Map Classifications and Zoning Districts: 7.-_i r ® 0 --- NOON r 77 '-e i s rr s�v �s111�sv] r . The reason for this application is that here is little consistency between the Future Land Use designations and the zoning of the properties along the south side of this block (Block 37). The only consistent aspect is that none of the five lots in this block that front on NE 9th Street are designated Industrial on the Future Land Use Map. They are either designated Single -Family or Commercial. While the City would not normally initiate a rezoning RSF1 for a property situated as is the subject so close to industrial and commercial uses. However, RSF1 Zoning is consistent with the Future Land Use designation. Rezoning to RSF1 rezoning could be viewed as providing for the continua- tion of an interim use until such time as the property becomes ripe for a more intense use, such as commercial. At that time an SSA and rezoning could be applied for and considered. Section 70-340 sets forth the following criteria to be considered in acting upon a petition to rezone property. The Applicant has submitted very brief statements addressing these criteria. Following are Staff comments: 2 Staff Report Applicant: land and Michelle Mossell Rezoning Request Petition No.: 08-007-R 1. The proposed use is not contrary to Comprehensive Plan requirements. The Future Land Use designation now applied to the property is Single -Family which is consistent with both the current use and the requested zoning. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. A single-family residence is the primary permitted principal use in the RSF1 district. 3. The proposed use will not have an adverse effect on the public interest. The continuation of residential use at this location will have no adverse effect upon the public interest. 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. While one would not normally advocate single-family use in this area, it is preferable to industrial use in light of the Multi -Family future land use designation, zoning and existing multi -family uses on the properties immediately to the north. In time, as interest in more intensive development of this and the adjoining lot to the west becomes evident, it is likely that the designations on these properties will be changed to allow commercial uses that would be compatible with the multi -family uses to the immediate north. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. Continuation of the existing residential use will not adversely affect living conditions or deter improvement or development of adjacent property. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood The continued use of the subject property for single-family use will result in no nuisance or hazard to surrounding properties and will require no buffering to protect uses on adjoining properties. 3 Staff Report • Appli* Roland and Michelle Mossell Rezoning Request Petition No.: 08-007-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Single-family residential is a low intensity use. The continuation of this use will have no effect upon public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Single-family residential is a low intensity use. The continuation of this use will have no effect upon flooding, drainage or public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions on the property are those which are the standards prescribed by the Land Development Code and the Comprehensive Plan. Based on the foregoing analysis, Staff recommends approval of the request to rezoning the property from IND to RSF1. Submitted by. James G. LaRue, AICP Planning Consultant October 15, 008 Planning Board hearing: October 23, 2008 Council Hearing: November 4, 2008 Attachments: Future Land Use Map Zoning Map County Property Appraiser's Aerial H j� Staff Report • Applicant:ond and Michelle Mossell Rezoning Request Petition No.: 08-007-R FLUM MOSSEL SITE AND ENVIRONS FUTURE LAND USE =SINGLE - FAMILY MULTI - FAMILY COMMERCIAL INDUSTRIAL 711 4. NW 1 Oth Street MF� MF MFj MF' ---Street--.._ 200 0 200 400 Feet 5 Staff Report Applicawoland and Michelle Mossell Rezoning Request 0 Petition No.: 08-007-R CHV IND RIVIF ZONING MOSSEL SITE AND ENVIRONS NW 9th Street 200 0 200 400 Feet 6 r General Services Department Fee Paid: 500.00 Jurisdiction: PB/CC 55 S.E. 3rd Avenue, Room IAM 1st Hearinq:10/M8 2nd Headnq: 11/4 & 11/18/08 Okeechobee, Florida 3997 03 Publication Dates:°` Phone: (863) 763.3372, ext. 218 Notices Mailed: 1 Name of property owner(s): Roland & Michele Mossel 2 Owner mailing address: 13632 NW 9th Street, Okeechobee, FL 34972 3 Name of applicant(s) if other than owner: 4 Applicant mailing address: 4a e-mail address: Lj-�b�UQ,.rnP- 5 1 Name of contact person (state relationship): Roland Mossel 6 Contact person daytime phone(s): 863-634-7722 Property address/directions to property: 7 116 NW 9th Street — Lots 19 & 20, Block 37 Describe current use of property: 8 SF home Describe improvements on property (number/type buildings, dwelling units, occupied or vacant, etc. g None 10 Approx. acreage: 0.321 Acres Is property in a platted subdivision? yes Is there a use on the property that islwas in violation of a city or county ordinance? If .so, describe: Residential is not a permitted use in the IND zoning district 11 12 Is a pending sale of the property subject to this application being granted? No Describe uses on adjoining property to the North: North: RMF East: IND I Applicant's statement of interest in property: 17 Owner Revised 7/08 Page 1 of 10 18 19 20 21 22 23 23 1 24 25 1 Non-refundable applicatio- '-e: Rezoning $500; Special Exception: $250- Variance: $250; all plus $30/acre Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges — When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. Last recorded warranty deed: Notarized letter of consent form property owner (if applicant is different from property owner) Three property surveys (one no larger than 11" x 17") containing: a. certified boundary survey, date of survey, surveyor's name, address and phone number b.. Legal description c. Computation of total acreage to nearest tenth of an acre List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) Affidavit attesting to completeness and correctness of the list (attached) Current zoning classification: IND Requested zoning classification: SF What is the desired permitted use and intended nature of activities and development of the property? Single Family Residency Is a Special Exception necessary for your intended use? No Is a Variance necessary for your intended use? 26 .No Applicant's materials addressing required findings for granting a rezoning (attach). 27 1 See Attached 28 1 hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may resulting the summary denial of this application. Signature �9 Printed Name Date —9b('4A1O M&S.rfxl- 1— S O$ 4 NIA Revised 7/08 Page 2 of 10 *FINDINGS REQUIRED FOR GRANTING AZONING R CHANGE IN LAND DEVELOPMENT RMLATIONS (Sec. 70-340, page CD70:16 in the LDRs) It is the Applicant's responsibility to convince the Planning Board/BOA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: 1. The proposed rezoning is not contrary to Comprehensive. Plan requirements. No 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, Sec. 90.102 (1) Single Family Dwelling 3. The proposed use will not have an adverse effect on the public interest. The public interest will not be adversely effected. 4. The proposed 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 property to the North is MF, the property to the west is a single family home. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. No 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. NIA 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. Revised 7/08 Page 4 of 10 FILE MUM 2iooS0182S1 OR 13K OOS74 P.G 0146 SHARON ROBERTSOIIe CLERK OF CIRCUIT COURT THIS INSTRUMENT PREPARED BY AND RETURN TO: OKEECHOBEE COUNTYt FL Shannon Mulholland RECORDED 08/22/2005 10128r22 AM RECORDING FEES 10.00 Elite Title, Inc. DEED DOC 840.00 1120 So Parrott Avenue RECORDED BY G lfewbDurn Okwe Florida 34974 Pr s Parcel Identification (Folio) Numbers: 3-15-37-35-0010-00370-0190 0 �Space Above This Line For Recording Data V" 0 THIS W DEED, made the 19th day of August, 2005 by Scott E. Deese and Glenda A. Deese, his wife, whose post o is 116 NW 9th Street, Okeechobee, Florida 34972 herein called the grantors, to Roland S Mussel and Michel Mosset, his wife, whose post office address is 13450 NW 160th Street, Okeechobee, Florida 34M hereinafter the Grantees: (Wherever used herein grantor" and "grantee" tnchrde aU the paraw to this Lertnanent and the heirs legal representaUHes and assigm oft uNvidaa successors and assigns ofcorporod—) W I T N E 3 S E T H: ,tV grantors, for and in consideration of the sum of TEN AND 00/100'S (S10.00) Dollars and other valuable consideratro receipt whereof is hereby aclmowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirm o the grantee all that certain land situate in OKEECHOBEE County., State of Florida, viz.: �C�'^� LOTS 19 AND 20, BLOCK („�WN OF O1fEECHOB]►.E, ACCORDING TO THE PLAT THEREOF RECORDED 2 PLAT B °PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Subject to easements, restrictions rvations of record and tapes for the year2004 and thereafter. TOGETHER, with all the tenements, hereditamtappurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simpO er. \Su AND, the grantors hereby covenant with said grante a grantors are lawfully seized of said land in fee simple; that the grantors have good right and lawfal authority to sell and convey said land, and hereby wm=a 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, 2004. IN WITNESS WHEREOF, the said grantors have signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the prerawp of Witness#1 Signature sfi=nm mu&ffand #1 Printed Name Qnor Witness #2 Signature DAWN MORGAN Witness #2 Printed Name STATE OF FLORIDA COUNTY OF OKEECHOBEE 111111111 Glenda A. Deese The foregoing instrument was acknowledged before me this 19th day of Au 2005 by Scott E. Deese and Glenda A_ Deese who are personally known to me or have produced l V U L as identification. tom_,, r ,,�,,�""�`, � D SEAL 1 �c 1 � d Fxpas N Public �.��i n� poa�m. N0. DD 33?3ry Printed Notary Name My Commission Expires: Fik No: 05-2721 3-16-37 -S S•OiI'10-00300.0170 MUWNS JOE G 0.344/ C J 1011/1992 4160X0-W/6 t5 I Okeechobee County Property iser d 74 > 2�2 ft W.C. "Bill" Sherman, CFA - Okeechobee, Florida - 863-76 22 PARCEL: 3-15-37-35-0010-00300-0170 - MuLT1-FAM (000800) CITY OF OKEECHOBEE LOTS 17 & 18 BLOCK 30 Name: MULLINS JOE G L andVal $36,000.00 Site: 1004 NW 3RD AVE, OKEECHOBEE BldgVal $133,053.00 2170 SW 21ST ST ApprVal $169,053.00 Mail: OKEECHOBEE, FL 349740000 JustVal $169,053.00 513111996 $0.00 1 / U Assd $169,053.00 Sales 10/111992 $160,000.00V ! Q Exmpt $0.00 Info 7/1/1985 $5,000.00V / U Taxable $169,053.00 This information, Last Updated: 8/1812008, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value_ No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or its interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Properfy Appraisers office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad .: valorem assessment purposes. Okeechobee County Prop Appraiser --J--/ "% 2007 Certified Values Last Updated: 8/18/2008 � / Parcel ID: 3-15-37-35-0010-00370-0190. (Retrieve Tax Re Property Card ( Interactive GIS Mao Print ' pi�' / Owner & Property Info 5 I Owner's Name MOSSEL ROLAND S & MICHELE L " GIS Aerial Prev Search Result: 9 of 9 I Site Address 116 NW 9TH ST, OKEECHOBEE Mailing 13632 NW 160TH ST Address OKEECHOBEE, FL 349720000 Brief Legal CITY OF OKEECHOBEE LOTS 19 & 20 BLOCK 37 Total Land 0.321 ACRES Area Neighborhood 618611.00 Tax District So UD Codes I Market Area 140 DOR Use Code SINGLE FAM (000100) p p The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee CountyPlanning & Development office at 863-763-5548 for specific zoning information. 42' Property & Assessment Values Mkt Land Value cnt: (1) Ag Land Value cnt: (0) Building Value cnt: (1) XFOB Value cnt: (0) Total Appraised Value Sales History Sale Date Book/Page Inst. Type 8/19/2005 574/146 WD 10/21/1998 413/264 QC 8/1/1985 274/1539 0 Building Characteristics 2007 Certified Value $33,950.00�Just Value $84,128.00 $0.00Class Value 1 $0.00 $50,178.00 Assessed $84,128.00 $0.00 Value Exempt Value $0.00 $84,128.00 Total Taxable $84,128.00 Value Sale Vimp Sale Qual Sale RCode ( Sale Price I Q $120,000.00 I U 03 $15,000.00 I Q $25,000.00 Bldg Sketch Bldg Item I Bldg Desc Show Sketch I I{ SINGLE FAM (000100) Extra Features & Out Buildings - ( Show Codes) Code I Desc I Year Bit I Land Breakdown Year Bit Heated S.F. Actual S.F. 1962 1686 1961 Value Units NONE Lnd Code I Desc Units 061ID2 RR VICINIT (MKT) 100.000 FF - (.321AC) Okeechobee County Property Appraiser I << Prev J Search Result: 9 of 9 Bldg Value $50,178.00 Dims I Condition (% Good) Adjustments Eff Rate f Lnd Value_ 1.00/1.00/1.00/1.00 $339.50 I $33,950.00 Last Updated: 8/18/20C_ I HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I F A Q I Contact Us This information was derived from data which was compiled by the Okeechobee County Property Appraisers Office solely forthe governmental purpose of property assessment_ This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, Ws use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office_ The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. BOUNDA4h SURVEY PREPARED F010 ROLA175 & MICHELE MOSSEL PROJECT SPECIFIC NOTES.' 1) UNLESS SHOWN MERWIS& ALL DIMENSIONS ARE PLAT(P) AND M£ASURED(M). 2) SITE ADDRESS 116 N.W. 977-1 •STREET. 3) PARCEL ID. • 3-15-37-35-0010-00370-0190. 4) F.I.R.M. ZONE. ZONE UNDETERMINED, PARCEL LIES WITHIN THE OKEECHOBEE CITY UM/TS 5) THIS SURVEY IS NOT INTENDED TO DEPICT WRISDIC77ONAL AREAS "OR IO HER AREAS OF LOCAL CONCERN. 6) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADD/AONS OR DELE77ONS 70 SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR'PAR77ES /S PROH/817ED WITHOUT WRITTEN CONSENT OF THE 9GIVING PARTY OR PARTIES 7) DATE OF LAST RELD SURVE)' 03115106. 15 DESCR/P770N. LOTS 19 & 20, BLOCK 37, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED 1N PLAT BOOK 5, PAGE 5 PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. a 0 a ecAtE w FM MAP SCALE I Vd0i - 30 FEET 3 9� P 2 R e Ai BDSB73- W ,oawrm) Toao p-) 14 13 ' 12 T S 89WT6' E .10a I TOTAL PARCEL 1;•O/✓TA/NS I #a32 ACRES e v I ! 9 � 2� w 1 I .- I xP. raP• 21 20' W Yl-I' lYY' YLY 1r.1' lag' _ Rd' E0 7 a N �- IN 89-5825--W 100.07'(C) >DaOo'C) STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here Is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed sed of Florida licensed surveyor and mapper #4a20. There are no visible above ground encroachments except as shown. No attempt was made to locate underground Improvements and/or encroachments (If any) as part of this survey. This survey was prepared In accordonce with minimum technical standards established by the Florido Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.) pursuant to Section 472.027, Florida Statute& PREPARED FOR THE EXCLUSIVE USE OF: DESCRIPTION DWG, DATE BY CK ROLAND S. MOSSEL BOUNDARY SURVEY 03/27/06 WC KAB MICHELE L MOSSEL " I I DESCRIPTION REFERENCE PROVIDED BY CLIENT OR CLIENTS REPRESENTATIVE FB/PG.- -178130-31 SCALE: 1' s 30' BEARING REFERENCE THE S. LINE OF BLOCK 37 IS TAKEN TO BEAR N a9'5a'25' W FILE: 2020E JOB NO: 2020E TRADEWINDS PROFESSIONAL SERVICES, INC. LEGEND SURVEYORS AND MAPPERS 0-Set Iron Rod and Cap TWPS 5719 ■-Found CM *--Found Iron Rod (and Cop) 0 -Found Pipe (and Cop) ABBREVIATIONS 200 S.W. 3rd Avenue ft-Bmen.; BM—emd man; f-Cwt,rsnt c-caa a,q CATV-cm. rr cu_ Co'n—t, Um t: CDNC-Conor,tc D-Dme .. A-D,ito atCmhd Mg1t E-East Okeechobee, FZ 34974 CLY-E-Wix. E/P-Edg, o, P—tz ESMT-E-„ t F1R.M-Flood M,urmce Tel: (863) 763-2B87 emu, a k rri-M4anWM "Noma u LY-WwthMg NGV(Dto )-Nottlnnd Gmt"dellc Q V,rtkd (Datum) of 1929; NTS-Nol to Scdt OIIW_aw,h,od WG— lNProprly L1' P_Pbt Pc_p""t " c'—t" PCC_pdnl " Compound Cmrotwe; PCP_ Pwmmmt Cantrd POBrt PDB_Poinl of Beginnn¢ PDC-Pomt of Ca rn-t; PZnp,NI of Reuse Curvolum PRM-Permonml Relnmce M---t: PT -Point - - Tangency, 111, DruFioge; R-Radly; R/W-Rlgh1=.F-W y, T-Tmgeny--TEL_ Kenneth A- Breaux, Jr (PSM 4820) Certu,L ar AULLarizeU— Ora Is e7t9 N; SIY-Scathe y. 0tl phw•e SPti n SWitd• Boc t We, vrLY_wes—y, UML-uuuy(key, y>f_Sput El-1a based an ins med Datum) BOUNDARY SURVEY PREPARED FOR ROLAND & MICHELE MOSSEL PROJECT SPECIFW NOTES• 1) UNLESS SHOWN OTNERMSE, ALL DIMENSIONS ARE PLA7(P) AND MEASURED(M), 2) S✓TE ADDRESS 116 N. W. 97H S7REE r 3) PARCEL ID,• 3-15-37-35-0010-00370-0190. 4) FIRM. ZONE- ZONE UNDETERMINED, PARCEL LIES WITHIN THE OKEECHOBEE C17Y LIM17M 5) THIS SURVEY IS NOT INTENDED TO DEPICT VRISDIC7701VAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 6) THE SURVEY DEPIC7ED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDITIONS OR OaE7)ONS 70 SURVEY MAPS OR REPOR7S BY OTHER THAN THE SIGNING PARTY OR PAR77ES IS PROHIBITED WITHOUT WRI77EN CONSENT OF THE SIGNING PARTY OR PARTIES 7) DATE OF LAST f7ELD SURVEY- 03115106. DESCRIP770N.• 15 LOTS 19 & 20, BLOCK 37 CITY OF OKEECHOBEE, ACCORDING 70 THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, fZORIDA. >'++R-- � _ •,� N,EEr MAP SCALE 1 NCH - 30 FEET R 6 d93B'25' W r04.as FOQM� D' � �� l 18 PAY 14 13 I 12 20' PLA77ED ALLEY T. S 8958?6' E_ _ 100.07(C) 10Q 00 (P) j TOTAL PAR I CONTAINS ta32 ACRES �9 201 rP D' IAA' r mr,rmav � � p � N 6938'25� 100.07'(C) 100 00 (P) NW. 97N STREET _ w... 21 STANDARD NOTES No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor, The survey depicted here Is prepared exclusively for those parties noted_ No responsibility or liability Is assumed by the surveyor far use by others not specifically named Not valid without the signature and embossed seal of Florida licensed surveyor and mapper /4820_ There are no visible above ground encroachments except as shown. No attempt was made to locate underground Improvements and/or encroachments (if any) as part of this survey. This survey was prepared In accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.) pursuant to Section 472.027, Florida Statutes. aREPARED FOR THE EXCLUSIVE USE OF: DESCRIPTION S. MOSSEL L MOSSEL BOUNDARY SURVEY DESCRIPTION REFERENCE PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE i FB/PG. 178/30-31 BEARING REFERENCE THE S. LINE OF BLOCK 37 IS TAKEN TO BEAR N 89'58'25" W I FILE 2020E TRADEWINDS PROFESSIONAL SERVICES, INC. IN SURVEYORS AND MAPPERS 200 SM 3rd Avenue Okeechobee, FL 34974 Tel: (863) 763-2887 Kenneth A. Breaux Jr (PSM 4820) C-e cu ar sa nari:nuna N. LD eTlg LEGEND DWG, DATE BY CK 03/27/06 I WC KAB SCALE 1' - 30' JOB NO: 20208 / O-Set Iron Rod and Cap TWPS 6719 N-Found CM Found Iron Rod (and Cop) OO -Found Pipe (and Cop) ABBREVIATIONS Q-Baedinr, BM-Bmtl,more; rL-CmlMhq C-Cdaloled: GTV-CoNe TV, aM- Cwarele Mwumml; CONC-C—W D-D-a a-DNto or Cmtrd Mgle; E-Emt ElY-Easledy E/P=Edge of Pavemmt ESMT=Easement.' F.I.RY-Flood lnewwce Rate Map; FND=F—t I 1= Pips IRe(0-4— Rod (md ID Cnpk L-(Atc) L.91k M-Mmsweq MH-Mmndr. N-04or1h; NYY-Narthedy, NCY(D)-N.0-1 Ceodetk Vertical (Datum) of 1429; NTS-Not to SCde DHw D—heod e5rc t-prop✓ly Line P-Rot PC -Print at Curvature PCC-Pdnl of Compound Curwlwe; PCP- Pe.mwml Central Point POB-Point oe Beginnhg; PDC-Point of Commencement; PRC=Point of R—, Curvature PRM-Permonmt Relxence Monwmnt PT-Poht It Tmgmc y,, PURD-Public —tiy and Dralnogc. R-R,d x -R/w-Right-ol-way, S. tti SLY-Su,medy, T-Tmgmt TEL-Telephone Sptk— Sxilrh"Bar w--t wLY-ws Y.. UTN-Uf6t,(les); )Si -Split Elevation bored w lndkoted odtu 0 NAME ------------------------------ OWNADDRI ------------------------------ OWNCITY -------------------- OW -- OWNZIP --------- 303 REALTY LLC 3550 HIGHWAY 441 S OKEECHOBEE FL 34974 ADAMS THEODORE J & GWENDLYN A 4260 NORTHWEST 10TH TERRACE FT LAUDERDALE FL 333090000 CHURCH OF GOD OF PROPHECY 102 NW 10TH ST OKEECHOBEE FL 349722135 CHURCH OF GOD OF PROPHECY 102 NW 10TH STREET OKEECHOBEE FL 349722135 CHURCH OF GOD OF PROPHECY 102 NW 10TH ST OKEECHOBEE FL 349120000 GLASSBURN LAMOINE & CAROL $469 NW 189TH AVE OKEECHOBEE FL 349722130 KORDALIS DON & CAVANER MARJORI PO BOX 1102 OKEECHOBEE FL 349731102 MOSSEL ROLAND S & MICHELE L 13632 NW 160TH ST OKEECHOBEE FL 34-9720000 MULLINS JOE G 2170 SW 21ST ST OKEECHOBEE FL 3497.40000 MULLINS JOE G 2170 SW 21ST ST OKEECHOBEE FL 349140000 MULLINS JOE G 2170 SW 21ST ST OKEECHOBEE FL 345740000 OKEECHOBEE COMMONS, LTD. C/O WINTERWOOD, INC 342 WALLER AVE STE 1 LEXINGTON KY 40504 RIVERA JOSEPH A & REBECA 3685 NW 5TH STREET' OKEECHOBEE FL 3497.20000 RUIZ CELERINO N & LILIA 103 NW 10TH STREET OKEECHOBEE FL 349720000 SALRY RR ASSESSED BY DOR 500 WATER STREET J910 JACKSONVILLE FL 33202000.0 SALRY RR ASSESSED BY DOR 500 WATER STREET J910 JACKSONVILLE FL 332020000 SHORTER THOMAS A & KATHYRN L 436 SE 16TH AVENUE OKEECHOBEE FL 349720000 UNITED FEED CO-OP INC BOX 465 OKEECHOBEE FL 349730465 WALPOLE EDWIN E III TRUSTEE BOX 1177 OKEECHOBEE FL 349731177 WALPOLE EDWIN E III TRUSTEE BOX 1177 OKEECHOBEE FL 349731177 WALPOLE KEITH ALAN 269 NW 9TH ST OKEECHOBEE FL 349720000 21 records selected, W NOV 4 AGENDA - EXHIBIT NO. r t LARUE PRNNING & MANAGEMENT ORVICES9 Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 - FAX: 239-334-6384 MEMORANDUM DATE: October 24, 2008 TO: City Council FROM: Bill Brisson RE: Treatment of nonconforming parking when a business changes hands Some have recently expressed concern that, given the current economic situation, requiring a business that is nonconforming to the off-street parking requirements to bring parking up to code when there is a change in ownership may inhibit the continued operation of those uses and adversely affect the economy of the City. We present our thoughts and suggestions on this issue in the following discussion. Summary of the existing situation The City defines a nonconforming structure as follows: "Nonconforming structure means a lawful building or structure... which does not conform to the yard, setback, coverage, height, parking, lands- caping or supplementary regulations of the district in which it is located."[emphasis added] Section 90-35 (d) contains the following provision which applies to a change in ownership of a nonconforming structure: "In the event the underlying land on which exists a nonconforming structure is sold... such nonconforming structure may continue in the new owner, so long as the land is not a nonconforming use, and the nonconforming structure is not expanded or repaired except as authorized in these regulations. The transfer of such nonconforming structure is further subject to the requirement that the new owner must comply, to the extent reasonably possible, considering the nature and configuration of the structure, with all current codes, land use and zoning requirements of the district regulations applicable to the structure." We have found that "reasonably possible" or a similar phrase used in other communities is usually interpreted to mean that the owner need not: a. reduce the size of the building to meet coverage requirements; b. move a building to meet setback requirements; c. reduce the height of the building to meet height limitations; or, d. modify the size or location of any structures or buildings to provide parking, or to provide parking where it is not physically possible or safe. However, if it is possible to fit some or all of the parking necessary to meet the code, the new owner is required to do so. Apparently there has been at least one such instance of this and possibly more. Parking is generally the only item that, if it is "reasonably possible" to improve the situation, entails any significant cost and sometimes the cost prevents the sale and the business is lost to the community. Comments Need to provide additional parking spaces. While not rare, it is not common practice to require that a lack of parking be corrected when a property changes ownership and there is no change in the use or structure that increases the need for off-street parking. In our experience, we have found that most communities "grandfather" the lack a pre-existing legally nonconforming shortage of off-street parking and the new owner is allowed to continue operating in the same manner as had the previous owner. Sections 90-39 and 90-40, allow for enlargement and alteration of a nonconforming structure, including one which has a lack of required off-street parking, so long as the improvement "would not create a significant impact as to drainage, or parking and loading requirements." It would seem reasonable to assume that, if one could expand or improve a nonconforming structure with- out requiring the number of off-street parking spaces to be brought up to code, a mere change in ownership would be treated similarly. We do, however, suggest that in any case, where a building is expanded or the use is changed such that the number of required off-street parking spaces is increased, the owner should be required to provide additional parking. There are two approaches to this situation that are typically employed. 1. The new owner is required to provide new spaces to cover the parking calculated to be associated with the expansion of the building or the change in the use. This approach prevent parking situation from getting worse, but does nothing to resolve an existing shortage. ►) 2. The new owner is required to bring the business entirely up to code with regard to the number of spaces required, in the same manner as would be applied if the business were entirely new. Recommendation of the Planning Board After considerable discussion, the Planning Board recommended that when a business that is nonconforming to the City's off-street parking requirements changes ownership, as long as the change does not result in an increased need for parking, the new owner may continue to operate without providing additional parking spaces. However, the Board included in its recommenda- tion that if unpaved area(s) of the site were being used for parking prior to the change in owner- ship, the new owner should be required to improve the quality of the parking area to at least "paver" quality," but would not be required to increase the number of spaces to meet the code. In addition, The Board recommended any time a building is expanded or the use of a property is changed that results in the need for an increase in parking over that required before the expansion or change, the owner should be required to bring the entire parking area into conformance with the City's requirements for off-street parking, both in number and quality. Recommendations We agree with the Planning Board's recommendations and offer the following proposed changes to the Land Development Regulations to implement these recommendations: Modify Section 90-35 (d) to read as follows: "(d) Transfer of a nonconforming structure. In the event the underlying land on which exists a nonconforming structure is sold, assigned or in any manner transferred from the record title holder of said lands, as such ownership if is reflected in the records of the Clerk of Court and Property Appraiser of Okeechobee County, such nonconforming structure may continue in the new owner, so long as the land is not a nonconforming use, and the nonconforming structure is not expanded or repaired except as authorized in these regulations. The transfer of such nonconforming structure is further subject to the requirement that the new owner must comply, to the extent reasonably possible, considering the nature and configuration of the structure, with all current codes, land use and zoning require- ments, except off-street narking requirements, of the district regulations applicable to the structure. Provided however (1) That, if by physical evidence, portions of the property have been used for off-street parking but are unpaved or unimproved, unmarked or otherwise do not meet the City's design requirements for such parking, the owner shall improve the quality of such area (or its equivalent) to at least "paver" quality. The number of spaces to be provided shall be equal to that which can be accommodated within the geographic area previously used for parking with said 3 spaces and interior circulation components meeting the City's minimum design requirements for off-street parking and vehicular use areas. (1) That, if the use of the Dronerty or structure under the new owner is different from the prior use such that application of Section 90-512. Space regulations. results in a greater number of off-street parking spaces being reauired than the number of off-street parking spaces reauired of the prior owner and use, the new owner shall provide parking facilities in complete conformance with the Land Development Regulations as if the use were entirelv new. 2. Modify Section 90-39 (a) to read as follows: "(a) Extension of nonconforming structure. A nonconforming structure may be enlarged, improved, or be brought up to current codes without concern as to whether the existing nonconformity deals with lack of off-street parking, or on -site water retention, excessive floor area, height or landscaping, as may be otherwise required of a new structure in these regulations, so long as such development does not create a nonconforming use in that district; does not create a new nonconformity as to prop- erty line set -backs; and would not cause or create a significant impact as to drainage, or parking and off-street loading requirements. Provided, however, that if the enlargement or improvement, because of application of the provisions of Section 90- 512. Space regulations, results in a greater number of off-street Darking spaces being required -than the number of off-street parking spaces reauired before the improve- ment, the owner shall provide parking facilities in complete conformance with the Land Development Regulations as if the use were entirelv new. 3. Modify Section 90-40 (a) to read as follows: "(a) Repair of nonconforming structure. A nonconforming structure may be main- tained, repaired or altered, without concern as to whether the existing nonconformity deals with lack of off-street parking, or on site water retention, excessive floor area, height or landscaping, so long as such repair does not create a new nonconforming use in that district; does not create new or additional nonconformity as to property line set -backs; height, or floor area, and would not create a significant impact as to drainage -,-or parking and off-street loading requirements. Provided, however, that if the repair or alteration, because of application of the provisions of Section 90-512, Space regulations, results in a greater number of off-street parking spaces being reauired than the number of off-street parking spaces reauired before the improve- ment, the owner shall provide parking facilities in complete conformance with the Land Development Regulations as if the use were entirely new. ii qy .� .....,......,....,vv:. - ,.:. .. .,., .. ..L,<vc.... .:m.,........ � z ._✓.:.Nw. .w.....s,s;.-�.�W,-`� [,s v.. IV. NEW BUSINESS. Consider and discuss recommending to City Council to amend LDR's Sec. 90-194(2)d))continued. • Consider and discuss recommendation to City Council to amend LDR's Sec. 90-35(d) - Planning Consultant. • Chair Maxwell asked whether there were comments from the Board. After lengthy discussion Board Member Burroughs moved to recommend to City Council to leave the current migratory housing guide lines under LDR Sec. 90- 194(2)d)) in place due, to the factthe City is focused on economic development of the community, and this currently gives the person that comes in that wants to put a migratory facility an opportunity to do so, as long as it is under the legal guidelines of the State of Florida; seconded by Board Member O'Connor. VOTE MAXWELL•YEA HOOVER -YEA KELLER•YEA BURROUGHS•YEA MORGAN-YEA TORRES-YEA MCCOY-ABSENT O'CONNOR-YEA MOTION CARRIED. Mr. Brisson presented the Planning Staff report stating the City was having some difficulty with businesses that are non- conforming, sold and cannot obtain a Business Tax Receipt,(BTR) due to the issues surrounding the non -conformities, even if the use remains the same. When the property changes hands they are required to come into conformance as much as reasonably and practically possible. Usually reasonable and practically is not difficult when it comes to landscaping or other minor requirements, but the City almost always has issues with parking, Apparently this has squashed some sales, basically the enterprise was lost to the community, therefore we were asked to review the regulations for modification, There are three ways to do this:1. If someone sells a business to someone else and there is non -conforming parking, and nothing about the current business changes, no additional parking required, the business would be allow to continue. This is a common approach to non -conformity. Not all communifies do this, but it is fairly common. 2. To allow someone, when they have a change in ownership and a change in the nature of the business and more parking is required, require only the parking space addition required by the change or expansion. 3. Any change of use that requires additional parking would require the new owner to bring up to code the parking that they were lacking before plus what they need now. The Board questioned, what is change defined as? Mr. Brisson answered, if it is a commercial use that has same square feet and same building, but requires more parking, like office to restaurant, it will require more parking. Also if they expand the building. J. D. Mixon, 7358 NE 50'1' Court, addressed the Board stating this LDR has caused a loss of new business in the City. He cited Object 12 of the Comprehensive Plan. Mr. Brisson pointed out this has no relationship to the LDR and this particular issue. Mr. Mixon suggested the code needs to be clarified. IV. NEW BUSINESS CONTINUED. B. Consider and discuss recommending to City Council to amend LDR's Sec. 90-35(d )confinued. OCTOBER 23, 2008 PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS - PAGE 6 OF William Rose, Jr., 6025 SE 30P Parkway confirmed having difficulty working with City regarding the parking issue. Mr. Rose acknowledged owning a business that has virtually no parking, purchased in 2004, nor can he sell, due to the parking issue. Aftomey Cook suggested the Planning Board and the City Council hold a workshop on this issue. The Board discussed in length all pertinent issues of Sec. 90-35. Member Burroughs made a motion to recommend City Council to modify Sec. 90-35 as Mr. Brisson has outlined in his memorandum to the Planning Board dated October 15, 2008 with exception to place into the motion the need to bring up the quality of the parking to a paver standards; seconded by Member Hoover. Chair Maxwell asked whether there was additional discussion from the Board? There was none, VOTE MAXWELL-YEA HOOVER -YEA KELLER-YEA BURROUGHS-YEA MORGAN-YEA TORRES- YEA MCCOY - ABSENT O'CONNOR -YEA MOTION CARRIED. Chair Maxwell asked whether there was additional discussion from the Board? There was none. Board Member Burroughs made motion to recommend to City Council to amend Sec. 90.35 to, if you have a building that is a non -conforming use and you are going to change it in any manner, the parking must be brought up to standard to the manner in which the change was made; seconded by Board Member Hoover. VOTE MAXWELL-YEA HOOVER -YEA KELLER-YEA BURROUGHS-YEA MORGAN-YEA TORRES-YEA MCCOY - ABSENT O'CONNOR - YEA MOTION CARRIED. C. Consider any additional requests for amendments to the City's Land 11� There were no additional proposed amendments to the LDR's submitted Development Regulations - Chairperson. To: Cc: From: RE: Date: • MEMORANDUM Mayor Kirk, and Council -members Brian Whitehall, City Administrator India Riedel, Finance Dept. Gross Taxable Values for Budget Year 2009 November 3rd, 2008 �xI,js tq Property Values provided during Budget Hearing and Final Public Hearing, $336,770,710. Amended Certified Final Taxable Value (Value Adjustment Board, VAB, still in session) was presented in October with a taxable value of $338,824,415. Using the 97% rule for budgetary purposes this would generate $13,433 additional Ad Valorum Tax for the FY 2009. Council Final Budget Hearing, 9/30/08: $336,770,710 Amended Cert. Final Taxable Value, 10/23/08: $338,824,415 Difference ($2,053,705) @ 97%: $ 1,992,093 Revenue change @ Millage rate of 6.7432: $ 13,433 Since the October 23rd certification from the Okeechobee County Property Appraiser the Value Adjustment Board has met (10/28 & 10/29) there were no revisions to the Cities gross taxable values. The VAB board will meet again (tentatively scheduled for the month of January) and there are no additional petitions for properties within the city limits. + DEPARTMENT OF REVENUE DR-422 CERTIFICATION OF FINAL TAXABLE VALUA R 09/0D RWe 12DER08-27 Section 200.065(1), (6). F.S. Florida Adminisbutive Code Effective OB= Year County: 2008 OKEECHOBEE Principal Authority Taxing Authority: City of Okeechobee City of Okeechobee Check TYPE of principal authority (check one) ❑ County ❑ Independent Special District ❑ School District 20 Municioalitv ❑ Water Management District Check applicable taring authority (check one) 0 Principal Authority ❑ Dependent Special District ❑ MSTU ❑ Water Management District Basin SECTION I: COMPLETED BY PROPERTY APPRAISER 1. Current year gross taxable value (From Line 4, Form DR-420) $ 336,770,710 (1) 2. Final current year gross taxable value (From Form DR-403 Series) $ 338,824,415 (2) 3 Percentage of change in taxable value (Une 2 0.609822927 % (3) divided by Line 1, minus 1, multiplied by 100) The taxing authority must complete this form and return it to the property Appraiser by ,�.'Xamfw, QCL as 20-a. Property Appraiser Certification � re I certify the taxable values shown above acorrect to the best of my knowledge. w = Signature of Pro perty party Appraiser Date i» October 20,2008 SECTION II: COMPLETED BY TAXING AUTHORITY MILLAGE RATE ADOPTED BY RESOLUTION OR ORDINANCE AT FINAL BUDGET HEARING PRUSUANT TO S. 200.065(2)(D), F.S If this portion of the form is not completed in full your authority will be denied TRIM certification and possibly lose its millage levy privilege for the tax year. If any line is inapplicable, enter NIA or -0-. Voted Miliage 4a. Voted debt service millage $ n/a per $1.W0 (4a 4b. Other voted millage (in excess of the millage cap and not more than two years) $ n/a per $1.000 (4b Non -Voted Operating Miliage Rate (from resolution or ordinance) 5a. ICounty or municipal principal taxing authority I $ 6.7432 per $1.000 (5a Dependent Special district service taxing unit (MSTU) Independent special district District management district Required local effort Discretionary Capital outlay Additional District levy Basin CONTINUED ON PAGE 2 Name $ n/a Name $ n/a $ n/a $ n/a $ n/a $ n/a $ n/a a n /a $ n/a per $1.000 (5b per $1.000 (5c per$1,000 (5d per $1.000 (5e per $1.000 per $1.000 per $1.000 per$1,000 (50 per $1,000 . DR-422 Ft.09/089/OS ` Page 2 i COMPLETE LINES 6 THROUGH 9 ONLY IF THE MILLAGE IS TO BE ADMINISTRATIVELY ADJUSTED. COUNTIES, MUNICIPALITIES, SCHOOLS and WATER MANAGEMENT DISTRICTS, MAY adjust the non -voted millage rate ONLY if the percentage shown on Line 3 is greated than plus or minus 1% under s. 200.065(6), F.S. Unadjusted gross ad valorem proceeds 6' (Line 1 multiplied by Line 5a, 5e, or 5f as applicable , divided by 1,000) (6) Adjusted Millage rate (Only if Line 3 is greater than plus or minus 1%) 7' (Line 6 divided by Line 2, multiplied by 1,000 (7) MSTUs, dependent special districts, and independent special districts may adjust the non -voted millage rate ONLY if the percentage shown on Line 3 is greater than plus or minus 3% under s. 200.065(6), F.S. Unadjusted gross ad valorem proceeds (8 ) 8' (Line 1 multiplied by Line 5b, 5c, or 5d as applicable, divided by 1,000) I9 Adjusted Millage rate (Only if Line 3 is greater than plus or minus 3%) $ (9) (Line 8 divided by Line 2, multiplied by 1,000 I Taxing Authority Certification W W W Z a Cn t certify the millages and rates are correct to the best of my knowledge. The millages comply with the provisions of Section 200.185 and 200.071 or 200.081, F.S. to ief Administrativ Officer Date 10/21/2008 i le / Physical Address Brian Whitehall, City Administrator Mailing Address 55 SE 3rd Avenue City, State, Zip Okeechobee, FL 34974 55 SE 3rd Avenue, Okeechobee, FL 34974 Name of Contact Person India Riedel Phone # Fax # 863-763-3372 1 863-763-1686 CERTIFICATION OF FINAL TAXABLE VALUE INSTRUCTIONS SECTION I: Property Apprasier's Instructions 1. Initiate a separate DR-422 form for each Form DR-420 and DR-420S submitted 2. Complete Section 1 and Sign 3. Send the original to the taxing authority and keep a copy. SECTION II: Taxing Authority's Instructions 1. Complete Section II and sign. 2. Return the orginal and one copy to the property appraiser 3. Keep a copy for your records 4. Send a copy to the tax collector 5. Send one copy to the Department of Revenue at the address below. Send it with your DR-487, Certification of Compliance, or separately if you have already sent the DR-487 Florida Department of Revenue Property Tax Oversight - TRIM Post Office Box 3000 Tallahassee, Florida 32315-3000 All taxing Authorities must complete Line 4 and Line 5, millages adopted by resolution/ordinance at Final Budget Hearing. Counties, Municipalities, Schools, and Water Management Districts may complete Line 6 and Line 7 only when Line 3 is greater than plus or minus 1 %. (s. 200.065(6), F.S.) Multi -County and Water Management Districts must complete a separate Form DR-422 for each county. ALL FORMS FOR TAXING AUTHORITIES ARE AVAILABLE ON OUR WEBSITE AT httD:Hdor.mvflorida.com/dOr/DrODertv/maxmillaae.html 1 ' r MEMORANDUM To: Cc: From: RE: Date: Mayor Kirk, and Council -members Brian Whitehall, City Administrator India Riedel, Finance Dept. Additional Homestead Exemption for persons 65+ November 3rd, 2008 Florida Statute 196.075 within the Taxation and Finance chapter allows municipalities to adopt an additional homestead exemption for persons 65 and older who qualify for the F.S. 196.031 (existing homestead exemptions). The additional qualifier is the income of the household must not exceed $25,000. The taxable value of properties within the above criteria is $1,775,291. Upon implementation of an additional $25,000 to those who qualify, there would be a tax savings in the future to those city residents totaling $115-971, based on the current millage of 6.7432. Number of households positively effected- = 83 Savings for a household at its fullest impact = $169.00 With the added revenue generated by the increase in the provided Gross Taxable Property Values for Budget Year 2009 ($13,433) this would enable the council to provide the same services as budgeted for the year, at a lesser cost to its' senior citizens in the future. • The Updates! from the .7 City Administrator's Desk SS SE 3rd Av., Okeechobee, FL 34974 Citv Council meeting of November 4, 2008 2: 00 PM NOTE MEETING TIME CHANGED TO 2:00 PM New and Unfinished Business: • Nonconforminq commercial use — See Exhibit to the Agenda regarding this matter which includes the minutes of the 10/23 Planning Bd meeting. Current Code: Sec. 90-35. Change or transfer of nonconforming use or structure. (b) Transfer of nonconforming commercial use. (When) a nonconforming use is sold ...such nonconforming use shall cease, and not be permitted... Any such future use shall be in compliance with all current City Codes, and land use regulations applicable to such zoning or land use designation • Migrant Housinq — The 10/23 Planning Board discussed modifying the Migrant Housing provision of the Code and based originally on a Special Exception application to provide for a migrant facility that was clearly contrary to the Code. At the Sp Excep mtg (in Jan) it was determined that the Board would eventually readdress the matter. At the 10/23 mtg the Board voted to make no amendments to the existing Code. See Attached memo from LaRue's office. • Convevinq the NW 12 St 800 blk property — as you recall, the Council took action to accept ownership of the nuisance property in lieu of essentially foreclosing on $20,000 +/- in liens for that property and the property at 803 NW 12th St. I confirmed with Wayne Brown w/ Habitat of Humanity that they are interested in the proposition. We are working on the particulars, which include the City clearing the property and them taking care of all maintenance thereafter, deeding the property directly to Habitat from the existing owner, Habitat covering minimal closing costs. Habitat has a Board meeting on Nov 4tn to discuss the matter more thoroughly. • Ord #1032 —1st Rdg on change of zoning (from RSF-1 to CLT) for Blk 110 on north side of NE 4th St between 2"d and 3`d Av is recommended by the Planner and Planning Bd and is on the Agenda. • Ord #1033 — 1st Rdg on a change of zoning from IND to RSF-1 on Its 19 & 20 in Blk 37, at 119 NW 9tn St, was approved by the Planner and the Planning Board and is on the Agenda. • Railroad DeAot update — Rec'd some communications from Main St on their progress w/Amtrak. Main Street is investigating the 'Brownfield' cleanup process for the area as an avenue for funding. Contacted CSX again (they are now waiting on their legal Dept review) to request the appropriate Agreements. (indicated we'd have an updated draft by week end) Thereafter, Atty Cook and I will have a conference call w/CSX to review the City's arrangement w/Amtrak and Main Street. Main Street also is continuing to pursue grant possibilities such Page 1 as the Great rican Stations program. Amtrak urg*e6ir gotiations for a 'long- term" lease w1 SX and down played the stringency oown lease arrangement. • CDBG home rehab grant — No report. • SR 710 extension — DOT reps met on 9129 to review plan of attack on SR 710 extension. Essentially talked about evaluation of capacity issues and doing studies. The City will be kept apprised of progress w1 plans to address the City Council. • Southern Trace Development — Steve Dobbs supplied the City with a traffic study for NW 9"' & W' and is now reviewing the Developer's Agreement. • AllevlStreet Vacation Policv — At a prior meeting I distributed a memo of some of the ideas assoc w/ a policy. For the most part a prohibition would be appropriate, but, in the future perhaps the Planning Board could address the matter. • Community Buddet Issue Reauest (CBIR) — As mentioned, I've developed one $500k CBIR w/ CAS (Dale Milita) relating to storm water flood and quality issues. Last year we passed a Resolution in December with the following. Last year the Delegation was here on Dec e, last year's Resolution incl. Canal Clean up Storm water "retrofit" Municipal Bldg improvements Support OUA Sewer Capacity Issues FDOT Signalizationllntersection Improvements Battlefield Historic State Park State Road 70 Improvements and Widening • Cancellinq Dec 161h mtq and the Dec 2"d moved to 7:OOPM because of that's the tree lighting ceremony. Tree Lightina and Santa -- Tree lighting ceremony is 12/2/08 at 5:30pm. Thereafter will have pictures with Santa the following two weeks. Other Issues by Dept: Attorney: • Billboard disputes) — Still no date for mediation. On July 15d' reed a letter form Gallagher Bassett (PRM) along with a Plaintiff's (Carter Pritchett Advertising and Centennial Builders) Motion for Court Ordered Mediation. (Note: The original suit pertains to the parcel at 701 SW Park St. and again, on 1/7/08 +/- the City reed a listing of assertions relating to a `Complaint for Declaratory Judgment' of which was answered on Jan 24"'. To reiterate - Centennial Builders filed in Circuit Court for damages associated with not being allowed to construct a billboard on SR 70 West. As you might recall, in Feb the BOA affirmed Independent Inspector's November revocation of the July 2006 building permit. Centennial was seeking damages of $15,000.) (Note: On 2114120071 issued a letter to Centennial Builders essentially denying acceptance of an application for a 2"d billboard at 1301 N Parrott this after the City Council passed Res#06-10 suspending applications for billboards. Now, the City is being served on that action. Engineering: • Street Asphalt project - Oscar is continuing to work on quantities ... have some disparity in numbers with Ranger Const of which we are working out. We also added a change order for a bit more striping incl some at NW 5M Av. At $.501ft for a thermalplastic application it was too good to pass up. Page 2 General Services: 0 • • Buddinq permit fees — Again, was reminded, we reed an updated list of proposed fees from Independent Inspectors on May 2e. Police: • Squad car purchasinq — Great News! We have found buyers for all of our squad cars: Desoto County Sheriff's Office— 8 St Lucie Co Sheriffs Office — 8 Temple Terrace PD — 5 West Miami PD — 2 Indian River State College (IRSC) —1 Am now investigating the purchase of the new cars. Public Works: • Sidewalk moiect — Approved the Lynch Paving sidewalk bid at the last meeting and he has perfected the performance bond. Again the low bid will allow the City to expand the project, so if there is sidewalk area that you are aware of that sorely needs addressed, please advise so that we may consider adding it. • SW 218t Storm Sewer — sent an email today to Debbie Belcher asking for an update on whether 'our' project is still being considered for the $365,000 (and $50k engineering) CDBG grant. • Canal cleaning — Still considering 'de -silting' project, but have sprayed some this week. • Machine Building — After taking quotes a few month ago for the purposes of determining a budget of about 60-65,000 we are now putting bid specs together for a 60' X 100' (12' eave height) building to be located on the north side of the existing east garage at the `City barn' area. Priorhereto the City had a lean-to which was blown away by Jean/Fran hurricanes then replaced and subsequently destroyed by Wilma. • Water Supply Facilities Plan — LaRue's office continues work on same. Emvlovee Sgotliaht: Belen Reyna, Police Department Off Date of Employment: 09-Feb-04 Employment History: 2004 Non -Certified Officer Education: HS various college credits in Criminal Justice Current Rank: Officer Duties: Enforcing State Law/ City Ordinances. Specialized Training: Auxiliary Officer, Taser Operator, Radar Speed Measurement, Advance Report Writing and Review Officer Reyna served the city as a member of our Auxiliary for Two Years before deciding that he wanted to become a full time officer Officer Reyna is very serious about his job. He never complains about anything he asked to do. His strong points also include his ability to work and communicate with the public very well. He also speaks fluent Spanish which a big help in today's society. Page 3 Councilman Watford supplied this article about Okeechobtfrom the 2009 Florida Trend's Business Florida magazine. OKEECHOBEE COUNTY Promoting Natural Beauty: In addition to providing easy access for companies with widespread logistics and distribution needs, Okeechobee County is noted for its natural beauty. With a host of visitor amenities, this county is par- ticularly appealing to travelers seeking a glimpse of "old Florida." In early 2008, the city of Okeechobee ap- proved a pact with the nonprofit, Gainesville -based Florida Trail Association (FTA), a volunteer organization that builds, main- tains, protects and promotes the 1,400-mile-long Florida Trail, one of only eight National Sce- 68 BUSINESSFLORID&COM nic Trails in the U.S. One objective of the Okeechobee-FTA agreement is to raise awareness among local businesses of the trail's value as an economic resource. Both parties also may apply for targeted grants to assist in community efforts aimed at developing promotional products, educa- tional resources and/or signature events designed to boost nature -based tourism, foster economic development and improve trail -related infrastructure. In the city of Okeechobee, a new Home Depot opened in early 2008, and KitePro- perties plans an 84-room Hampton Inn, slated to open late in 2009. The six -acre Hampton Inn site is off State Road 70 and includes out -parcels where restaurant, retail and office space could be developed. Hikers enjoy natural sights along the 1,400-mile-long Florida Trail. Respectfully Submitted, Brian itehall City dministrator Page 4