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2008-11-18CITY OF OKEECHOBEE NOVEMBER 18, 2008 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: November 21, 2008, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Reverend James Garner, More to Life Ministries Pledge of Allegiance led by the 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. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the November 4, 2008 City Council Regular Meeting. PAGE 10F 15 Mayor Kirk called the November 18, 2008 Regular City Council Meeting to order at 6:00 p.m. Invocation was offered by Council Member Clayton Williams, in the absence of Pastor Gamer of More 2 Life Ministries; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Absent 20C Council Member C. Williams moved to dispense with the reading and approve the Summary of Council Action for the November 4, 2008 City Council Regular Meeting; seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. 206 NOVEMBER 18, 2008 - REGULAR MEETING - PAGE 2 OF 15 V. WARRANT REGISTER - City Administrator. A. Motion to approve the October 2008 Warrant Register General Fund ................................ $465,808.25 Public Facilities Improvement Fund ................ $71,362.36 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. - VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to read by title only proposed Ordinance No. 1031, regarding Future Land Use Map Petition No.08-006-SSA, submitted by Elbert Batton and Frannie Watford on behalf of property owners Abdul and Yasmin Cumber, re -designating 1.92 acres located at 309 Northeast 4" Street, Lots 1 through 12 of Block 110, City of Okeechobee, from Single Family to Commercial - City Planning Consultant (Exhibit 1). Planning Board is recommending approval. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1031 by title only. Council Member Watford moved to approve the October 2008 Warrant Register in the amounts: General Fund, four hundred sixty-five thousand, eight hundred eight dollars and twenty-five cents ($465,808.25); Public Facilities Improvement Fund, seventy-one thousand, three hundred sixty-two dollars and thirty-six cents ($71,362.36); seconded by Council Member Markham. There was no discussion on this item. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? There was none. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:06 P.M. Council Member Watford moved to readby title only, proposed Ordinance No. 1031, regarding Future Land Use Map Petition No. 08-006-SSA, submitted by Elbert Batton and Frannie Watford on behalf of property owners Abdul and Yasmin Cumber, re -designating 1.92 acres located at 309 Northeast 4" Street, Lots 1 through 12 of Block 110, City of Okeechobee, from Single Family to Commercial; seconded by Council Member L. Williams. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM-YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1031, by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THECITYOFOKEECHOBEECOMPREHENSIVEPLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLYDESCRIBEDHEREINFROMSINGLEFAMILYTO COMMERCIAL; PROVIDING FORINCLUSION OFORDINANCEAND REVISED FUTURELAND USEMAPIN THECOMPREHENSIVEPLAN; PROVIDING FORAN EFFECTIVE DATE." NOVEMBER 18, 2008 - REGULAR MEETING - PAGE 3 OF 15 2 O j VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. a) Motion to adopt proposed Ordinance No.1031. b) Public comments and discussion. c) Vote on motion. Council Member Markham moved to adopt proposed Ordinance No.1031; seconded by Council Member C. Williams. The Planning Board reviewed the application at their October 23, 2008 meeting and voted unanimously that the application was consistent with the Comprehensive Plan. They are recommending the City Council approve the application. City Planner, Mr. Brisson reviewed the Staff Report of approval as follows: A. Consistency with the Land Use Categories and Plan Policies. The requested commercial future land use designation and proposed CLT zoning appear 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 Staffs understanding that the City ultimately envisions a pattern of commercial development within two blocks of US 441 in this general area. B. Adequacy of Public Facilities. The applicant has submitted no information regarding either the projected demand for City water and sewer services or an estimate of traffic generation. However, nearby commercial and multi -family development are served by water and sewer facilities. Given the limited size of the parcel and the likely intensity of potential commercial development, Staff believes that OUA has sufficient capacity to accommodate the water and sewer needs would be associated with the development of the subject property. At this stage, the applicant has offered no indication as to the uses to be placed on the property. Lacking this, Staff has prepared rough estimates of the traffic generation for the most intense uses likely allowable under a Commercial Land Use designation and CLT Zoning. C. Compatibility with Adjacent and Nearby Land Uses. The property to the immediate North houses multi- family uses on two of the three lots. The land to the South is vacant. Despite the current residential land use designation of the subject property and the properties to its immediate North and South, Staff believes the policy of the City regarding properties within two blocks of US 441 in this general area envisions gradual transition to commercial use. Mayor Kirk asked whether there were any questions or comments from the public? There were none. Council discussed the compatibility with the surrounding area. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. NOVEMBER 18, 2008 - REGULAR MEETING - PAGE 4 OF 15 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1. a) Motion to read by title only proposed Ordinance No.1032 regarding Application No. 08-006-R, submitted by Elbert Batton and Frannie Watford on behalf of Abdul and Yasmin Cumber, property owners, rezoning 1.92 acres located at 309 Northeast 4n' Street, Lots 1 through 12 of Block 110, City of Okeechobee, from RSF-1 to CLT - City Planning Consultant (Exhibit 2). Planning Board is recommending approval. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No.1032 by title only 2. a) Motion to adopt Ordinance No.1032. b) Public comments and discussion. Council Member Watford moved to read by title only, proposed Ordinance No.1032 regarding Application No. 08-006- R, submitted by Elbert Batton and Frannie Watford on behalf of Abdul and Yasmin Cumber, property owners, rezoning 1.92 acres located at 309 Northeast 4" Street, Lots 1 through 12 of Block 110, City of Okeechobee, from RSF-1 to CLT; seconded by Council Member C. Williams. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. City Attorney to 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 L. Williams moved to adopt proposed Ordinance No.1032; seconded by Council Member C. Williams. This ordinance pertains to Rezoning Petition No. 08-006-R submitted by Elbert Batton and Frannie Watford on behalf of property owner(s), Abdul and Yasmin Cumber for property located at 309 NE a Street. The request is to change the rezoning designation from RSF-1 to CLT. The Planning Board reviewed the application at their October 23, 2008 meeting and voted unanimously that the application was consistent with the Comprehensive Plan. They are recommending the City Council approve the application. City Planner Brisson reviewed the Staff Report recommending approval of the request to rezone the property from RSF-1 to CLT. The Planning Staff Report findings are that the petition is consistent with the comprehensive plan. 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; butanyfuture developmentwill be limited to those contained in the list of permitted orspecial exception uses. NOVEMBER 18, 2008 - REGULAR MEETING - PAGE 5 OF 1520(, VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public comments and discussion continued. Staff Report continued: 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. 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 pattems. 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 Staffs understanding 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 RSF-1. 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. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services g will be considered by the Technical Review Committee during the site plan review phase of this project. 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. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety likely to have an adverse effect the City's ability to maintain its adopted levels of service. Given sound drainage and stormwater management one would not expect flooding or drainage problems. These issues will be specifically addressed byTRC during 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. Mayor Kirk asked whether there were any questions or comments from the public? There was none. Council thanked the applicant for requesting Light rather than Heavy Commercial. 210 NOVEMBER 18, 2008 - REGULAR MEETING - PAGE 6 OF 15 Vil. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. c) Vote on motion. C.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 9t' Street, Block 37, City of Okeechobee, from IND to RSF-1 - City Planning Consultant (Exhibit 3). Planning Board is recommending approval. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1033 by title only 2. a) Motion to adopt Ordinance No. 1033. b) Public comments and discussion. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. Council Member Watford 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 9t' Street, Block 37, City of Okeechobee, from IND to RSF-1; seconded by Council Member L. Williams. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. City Attorney to 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 PARTICULARL Y DESCRIBED HEREIN, FROM INDUSTRIAL (IND) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY -ONE (RSF1) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 1033; seconded by Council Member C. Williams. This ordinance pertains to Rezoning Petition No. 08-007-R submitted by Roland and Michele Mossel, property owner(s), for property located at 116 NW 9" Street. The request is to change the rezoning designation from IND to RSF-1. The Planning Board reviewed the application at their October 23, 2008 meeting and voted unanimously that the application was consistent with the Comprehensive Plan. They are recommending the City Council approve the application. City Planner Brisson reviewed the Staff Report recommending approval of the request to rezone the property from IND to RSF-1. The Planning Staff Report findings are that the petition is consistent with the comprehensive plan. I. 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. NOVEMBER 18, 2008 - REGULAR MEETING - PAGE 7 OF 15 211 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 2. b) Public comments and discussion continued. c) Vote on motion. Staff Report continued: 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 RSF-1 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 pattems. 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 designation 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. 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. Mayor Kirk asked whether there were any questions or comments from the public? There was none. Council briefly discussed this matter, as it was discussed in detail at the first reading. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA CLOSE PUBLIC HEARING - Mayor. III MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:18 P.M. WATFORD - YEA MOTION CARRIED. 212 NOVEMBER 18, 2008 - REGULAR MEETING - PAGE 8 OF 15 VIII. NEW BUSINESS. A.1. a) Motion to read by title only and set December 2, 2008 as a final public hearing date for proposed Ordinance No. 1034 regarding Application No. 08-009-R, submitted by Gianinna Mitchell, property owner, rezoning 0.162 acres located at 909 Southwest 2' Avenue, Lot 12 of Block 6, South Okeechobee, from RSF-1 to CHV - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. Council Member Watford moved to read by title only, and set December 2, 2008 as a final public hearing date for proposed Ordinance No. 1034 regarding Application No. 08-009-R, submitted by Gianinna Mitchell, property owner, rezoning 0.162 acres located at 909 Southwest 2"d Avenue, Lot 12 of Block 6, South Okeechobee, from RSF-1 to CHV; seconded by Council Member C. Williams. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1034 by title only. Attorney Cook read proposed Ordinance No. 1034 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 HEAVYCOMMERCIAL (CH10 ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 1034; seconded by Council 1034. Member C Williams. b) Discussion. This ordinance pertains to Rezoning Petition No. 08-009-R submitted by Gianinna Mitchell, property owner(s), for III property located at 909 Southwest 2"d Avenue. The request is to change the rezoning designation from RSF-1 to CHV. The Planning Board reviewed the application at their October 23, 2008 meeting and voted unanimously that the application was consistent with the Comprehensive Plan. They are recommending the City Council approve the application. City Planner Brisson reviewed the Staff Report recommending approval of the request to rezone the property from RSF-1 to CHV. 1. The proposed use is not contrary to Comprehensive Plan requirements. By rezoning to CHV, the zoning of the subject property will be consistent with its Future Land Use designation of Commercial. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The applicant has indicated use of the property for a professional office, specifically, accounting services. Professional services are a listed permitted use in the CHV Zoning District. 3.The proposed use will not have an adverse effect on the public interest. Uses allowed in the CHV District on a property designated Commercial on the Future Land Use Map are not expected to have an adverse effect on the public interest. NOVEMBER 18, 2008 - REGULAR MEETING - PAGE 9 OF 15 21 VIII. NEW BUSINESS CONTINUED. A. 2. b) Discussion continued. Staff Report continued: 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 CHV Zoning appears to be consistent with the general pattern of commercial expansion evident along the East side of SW 2" Avenue Southward from about SW 5t' Street. The proposed zoning and use are appropriate for this location and are reasonably compatible with adjacent uses. The properties to the South and North are designated Commercial on the FLUM and zoned for commercial use although they currently contain Single -Family dwellings. While properties across' SW 2"' Avenue to the West remain in Single -Family use, it has been generally recognized that commercial use is expected along the East side of SW 2' Avenue. The proposed Professional Office use is considered compatible with nearby uses although buffering may be needed if more intense uses are envisioned. CHV zoning would not be contrary or detrimental to urbanizing land use patterns in the area. 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. CHV Zoning at this location is not expected to adversely affect property values or living conditions. CHV Zoning is common among properties located within the first block East and West of US 441. 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. Nearby properties can be adequately buffered from any nuisance factors that may be associated with the uses allowed in the CHV District. The need for 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 the lot size is small and the likely intensity of development should have no significant impact upon the City's ability to provide public services and facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. This is a small property and the addition of a Professional Office use is not expected to create traffic congestion, undue runoff or public safety problems. Drainage will be accommodated during the site plan review process. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions on the property are those standards prescribed by the Land Development code and the Comprehensive Plan. Council Members Watford and Markham requested the property be rezoned to CLT to be a more suitable fit for the surrounding area. Mrs. Mitchell was present and stated no objections to the change as long as she could operate her business. Council Member Watford moved to amend proposed Ordinance No.1034 from RSF-1 to CLT; seconded bv__ Council Member Markham. 214 NOVEMBER 18, 2008 - REGULAR MEETING - PAGE 10 OF 15 VIII.- NEW BUSINESS CONTINUED. A. 2. c) Vote on motion B.1. a) Motion to read by title only and set December 2, 2008 as a final public hearing date for proposed Ordinance No. 1035 regarding Application No. 08-010-R, submitted by David and Anita Nunez, property owners, rezoning 1.74 acres located West of Taylor Creek between Northeast 2"d and 3rd Streets and Northeast 7' Avenue, City of Okeechobee, from RMF and H to CHV - City Planning Consultant (Exhibit 5). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1035 by title only 2. a) Motion to approve the first reading of proposed Ordinance No. 1035. b) Discussion. KIRK - YEA C. WILLIAMS - YEA KIRK - YEA C. WILLIAMS - YEA VOTE TO AMEND MARKHAM - YEA L. WILLIAMS - YEA VOTE AS AMENDED MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. WATFORD - YEA MOTION CARRIED. Council Member Watford moved to read by title only and set December 2, 2008 as a final public hearing date for proposed Ordinance No. 1035 regarding Application No. 08-010-R, submitted by David and Anita Nunez, property owners, rezoning 1.74 acres located West of Taylor Creek between Northeast 2"d and 3`d Streets and Northeast 7d' Avenue, City of Okeechobee, from RMF and H to CHV; seconded by Council Member C. Williams. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1035 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 MULTIPLE FAMILY (RMF) AND HOLDING (H) ZONING DISTRICT TO HEAVY COMMERCIAL (CHID ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." Council Member Markham moved to approve the first reading of proposed Ordinance No. 1035; seconded by Council Member L. Williams This ordinance pertains to Rezoning Petition No. 08-010-R submitted by David and Anita Nunez, property owner(s), for approximately 1.74 acres located West of Taylor Creek between Northeast 211d and 31d Street and Northeast 7th Avenue. The request is to change the rezoning designation from RMF and H to CHV. NOVEMBER 18, 2008 - REGULAR MEETING - PAGE 11 OF 15 21 c Vill. NEW BUSINESS CONTINUED. B. 2. b) Discussion continued. - The Planning Board reviewed the application at their October 23, 2008 meeting and voted that the application was consistent with the Comprehensive Plan. It was a six to one vote. They are recommending the City Council approve the application. City Planner Brisson reviewed the Staff Report recommending denial of the request to rezone the property from RMF and H to CHV, but recommending approval to rezone the property to CLT. 1. The proposed use is not contrary to Comprehensive Plan requirements. The CHV Zoning District is consistent with a Future Land Use Designation of Commercial and is not inconsistent with any requirements of the Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The proposed uses are contained within the list of permitted uses in the CHV Zoning District. 3.The proposed use will not have an adverse effect on the public interest. Given the fact that this property is to be used in connection with the recently rezoned commercial property which adjoins its Northeastern boundary, as well as the property to its immediate South, the cumulative impacts of the entire commercial development will need to be assessed. Possible adverse impacts of this development may occur as a result of increased traffic along neighboring residential roadways, as well as noise or other potential impacts upon nearby residential uses. However, the intensity of the development will be specifically considered during the site plan review stage of the development permitting process. 4. The use is appropriate forthe location proposed, is reasonably compatible with adjacent land uses and is not contrary or detrimental to urbanizing land use pattems. The City has already approved the Small Scale Development Activity (SSA) amendment to Commercial; therefore, commercial zoning is the only type of zoning that would be compatible with the Comprehensive Plan. The issue now facing the City is the type of commercial zoning that would be compatible with surrounding land uses. Staff is concerned that the intensity and character of a number of the uses permitted as a matter of dgt in the CHV district are too intensive for this area. The surrounding neighborhood is not a commercial area and should be protected from the potential impacts of intense commercial development. We realize that many of the uses permitted in the CHV District are not contemplated at this time and, in fact, are not likely to be, attractive to any future owner. However, the Applicant has shown on the most recent site plan the location of a billiard and gaming center with an outside deck indicated for use as "outdoor eating." The site plan also indicated that uses in the development would be open from 8 a.m. to 12 p.m. Under the CHV Zoning, the billiard and gaming center could include a restaurant or nightclub or other similar use involving consumption of alcoholic beverage and musical or other entertainment that could potentially have adverse impacts upon the environment of those living in the mobile home park on the other side of Taylor Creek. Such uses could also result in increased traffic through the residential area to the West during late night hours. Consequently, Staff is reluctant to suggest that the proposed rezoning to CHV is compatible with adjacent and nearby land uses. Rather, Staff believes it would be more appropriate to rezone the property to the CLT Zoning District. This district would allow the office and retail uses proposed by the Applicant. Further, commercial indoor recreation, restaurant, cafe' nightclub, docks and piers are allowed as special exception uses in the CLT district. 216 NOVEMBER 18, 2008 - REGULAR MEETING - PAGE 12 OF 15 Vill. NEW BUSINESS CONTINUED. B. 2. b) Discussion continued. _ Staff Report continued: As special exception use, the City would have the authority to attach conditions such as hours of operation, limitations on outdoor activities such as amplified music, and othersuch conditions that may be necessary to protect nearby residents and the adjoining neighborhood. 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. The Staffs concerns associated with the preceding item apply in this instance. Unchecked, a number of the uses allowed as a matter of rights in the CHV District could adversely affect both property values and living conditions on adjacent and nearby properties. Staff does, however, feel that should the property be zoned to CLT, the Special Exception process can sufficiently protect nearby properties in particular and the neighborhood in general. 6. The proposed use can be suitablybuffered from surrounding uses, so as to reduce the impact of any nuisance orhazard to the neighborhood. While Taylor Creek provides a degree of physical separation from the mobile homes located to th East, physical separation alone may not be adequate. This, again, is a reason the Staff feels that CLT zoning is preferable. The Special Exception classification of some of the uses that would otherwise be allowed outright under the CHV district provides for attaching conditions that may be necessary on this particular site. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. While density will not be an issue, the intensity of development on the site and the other properties associated with the overall development as proposed, will need to be considered, particularly as regards the levels and distribution of traffic attracted to and leaving the site. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or other wise affect public safety. No traffic analysis has yet been submitted. However, Staff is working with the representative of the Applicant to ensure that a complete traffic impact analysis is conducted for the entire project, not just this one portion. Flooding and drainage considerations will also have to be addressed during the site plan stage. During its initial review of the Applicant's site plan for this particular portion of the overall project, the TRC required that the Applicant submits its drainage calculations and plans to the SFWMD to ensure that it is effective in addressing stormwater, drainage, and water quality issues. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The property is not inordinately burdened by unnecessary restrictions. Council Member Watford remarked that part of the project is already CLT, and that it has been requested to consider this project all together. Council Member Markham would like the CLT zoning should a Special Exception be expedited so the applicant can meet the deadlines. Council Member C. Williams stated his concern is the outdoor entertainment,' that there is residential all over the area and would prefer a CLT zoning. The applicant was not present to address the Council. Council Member Watford moved to amend ro osed Ordinance No.1035 from RMF and H to CLT: seconded by Council Member C. Williams. NOVEMBER 18, 2008 - REGULAR MEETING - PAGE 13 OF 15 Vill. NEW BUSINESS CONTINUED. B. 2. c) Vote on motion. KIRK - YEA C. WILLIAMS - YEA KIRK - YEA C. WILLIAMS - YEA VOTE TO AMEND MARKHAM - YEA L. WILLIAMS - No VOTE AS AMENDED MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. WATFORD - YEA MOTION CARRIED. C. Motion to adopt proposed Resolution No. 08-10, revising Appendix III Council Member Watford moved to adopt proposed Resolution No. 08-10, revising Appendix A regarding Applications A regarding Applications and Process - City Clerk (Exhibit 6). and Process; seconded by Council Member L. Williams. City Clerk Gamiotea explained that these revisions are for the necessity of housekeeping procedures that are already in place in our Code Book. The main revision is Form 16; Abandonment of Right -of -Way Petitions. The revised process holds the applicant responsible for the list of surrounding property owners, and TRC and PB will be the advisory for the recommendation to the City Council. Administrator Whitehall remarked that the TRC will be beneficial in this process as the City Building Inspector, OUA Representative, Health Department Representative along with the Public Works Director and the City Engineer will be able to review and submit their recommendation. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. D. Motion to adopt proposed Resolution No. 08-11, revising Appendix III Council Member Watford moved to adopt proposed Resolution No. 08-11, revising Appendix C regarding Fees; C regarding Fees - City Clerk (Exhibit 7). seconded by Council Member Markham. City Clerk Gamiotea informed Council that ledgers have been kept on each application to track fees, and the current fees implemented are not sufficient enough to cover all expenses incurred on these applications such as public notice ads, correspondences, signs, planner fees, etc. The City has not increased their fees since 1989. Clerk Gamiotea also stated that these fees will be reviewed annually. Council asked that the public be notified in advance of the implementation of the new fees, and should there be remaining balance after all fees have been allocated, to refund to the applicant the difference. 218 VIII. NEW BUSINESS CONTINUED. D. Motion to adopt proposed Resolution No. 08-11, revising Appendix III KIRK -YEA C regarding Fees continued. C. WILLIAMS-YEA NOVEMBER 18, 2008 - REGULAR MEETING - PAGE 14 OF 15 VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. E. Motion to adopt proposed Resolution No. 08-12, authorizing and Council Member Watford moved to adopt proposed Resolution No. 08-12, authorizing and requesting issues to be {, requesting issues to be included in the 2009 Legislative Delegation included in the 2009 Legislative Delegation Session; seconded by Council Member Markham. Session - City Administrator (Exhibit 8). Council Member C. Williams requested that State Road 70 Improvements and Widening be added to the Resolution. Administrator Whitehall thanked Council Member Watford forarticulating the City's needstothe Legislative Delegation. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. F. Motion to approve the Certified Canvass Returns from the Council Member Watford moved to approve the Certified Canvass Returns from the Canvassing Board for the 2008 Canvassing Board for the 2008 General Election - City Clerk. General Election; seconded by Council Member Markham. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. G. Motion to adopt proposed Resolution No. 08-13 regarding the 2008 Council Member Watford moved adopt proposed Resolution No. 08-13 regarding the 2008 Elections; seconded by 1 Elections - City Attorney (Exhibit 9). Council Member Markham. Resolution No. 08-13 reads as follows: "WHEREAS, the City Council of Okeechobee, Florida has received the canvassed returns of the City General Election held November 4, 2008; and WHEREAS, James Kirk and Mike O'Connor received the highest number of votes for City Council Member. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting, and passed by majority vote of the City Council, and properly executed by the Mayor or designee, as Chief Presiding Officer for the City. That, James Kirk and Mike O'Connor be, and they are hereby declared elected as City Council Members, and shall hold office for four (4) years from the first Monday in January following the City General Election and until their successors are elected and qualified as provided by the City Charter, Section 10. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby instructed to issue and deliver Certificates of Election to each of the above named persons." Lly VIII. NEW BUSINESS CONTINUED. G. Motion to adopt proposed Resolution No. 08-13 regarding the 2008 Elections continued. H. Motion to ratify the appointment of Betty Clement to the General Employee/OUA Pension Board, term beginning January 1, 2009 to December 31, 2011 - City Clerk (Exhibit 10). IX. 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: James E. Kirk, Mayor Lane amiotea, CMC, City Clerk KIRK - YEA C. WILLIAMS - YEA NOVEMBER 18, 2008 - REGULAR MEETING - PAGE 15 OF 15 VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. Council Member Markham moved to ratify the appointment of Betty Clement to the General Employee/OUA Pension Board, term beginning January 1, 2009 to December 31, 2011; seconded by Council Member L. Williams. Council expressed their thanks for her willingness to serve. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM-YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. Mayor Kirk adjourned the meeting at 7:43 p.m. The next regularly scheduled meeting is December2, 2008 at 7:00 p.m. �tNDEPENDENT _ _ �� NMw51-A1Mas OKEECHOBEE NFWS 107 SM 17th Str "et, Suitc D, Okeecholkc, Fl- 34974 (863) 763-3134 J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, thal the attached copy of advertisement being a r 6) i t A)crf-;,C in the matter of All " s P C),H `.1` 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 Okeechobee 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. ,worn to and subscribed before me this /,�day of /l.f7G G �✓ � A )`5r/ tart' Public, State of Florida at Large Janetta Thiboult Commission # DD505311 a Expires January 10, 2010 r � F-�c$ BunCen ; my Fain hn>ur�nce inc 800-385-7019, CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY'GNEN that the City Council of the City of Okeechobee will meet in Regular Session on Teesday,'November 18, 2008, 8:00 p M. at City Nan. 55.SE 3rd Ave, Rm 200, Okeechobee, Florida. The pudic is imrited and encouraged to attend. A copy of the agenda wdl be available on our website at www.citMokee- chobee.com, or contact C'dy Adimmistrahon at (863)163-3372 z 212. 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 meeting, such interested person will reed a record of the proceedings, and for such purpose may need to ensure a verbatim record of the prceeedings is made, which record includes the testimony and evidence upon which 0ce appeal is to be based. City Clerk media are used for the sole purpose of back-up for the Clerk's Office. In accordance with the Americans with Disabilities Act (ADA and Florida Stakde 286.26. persons with disabilities needing special acc mmoda to participate in this proceeding should contact Lane Garreotea, no later than two (2) working days prior to the proceed n at 863-763-3372 x 214; if you are hearing or voice impaired, call TDD 1.800-955 8710 (voice) or 1 800-955-8771 (TM. by: James E. Kirk, Mayyoor Lane Gamiotea, CMC, City Clerk 298524 ON 11/14/08 CITY OF OKEECHOBEE - Nove er 18, 20 8 - REGULAR CITY COUNCIL MEETING HANDWRITTEN MINUTES BY I. CALL TO ORDER - Mayor: November 18, 2008 City Council Regular Meeting, (.P'G6 p.m. el .il>k II. OPENING CEREMONIES: Invocation given by e-z-tife-NtnTistFies; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. PRESENT Mayor James E. Kirk I 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 ABSENT IV. MINUTES - City Clerk. A. Council Member e W moved to dispense with the reading and a,ryo�ve the Summary of Council Action for the November 4, 2008 Regular Meeting; seconded by UV ' 1 . VOTE YEA NAY ABSENT ABSTAINED KIRK I MARKHAM v WATFORD t/ C. WILLIAMS (/ L. WILLIAMS C� i CARRIED LIED. V. WARRANT REGISTER - City Administrator. A. Council Member DI-0 moved to app ove the October 2008 Warrant Register in the amounts of: General Fund, four hundred sixty-five t,,ousand, eight hundred eight dollars and twenty-five cents($465,808.25); Public Facilities Improvr;rnant Fund, seventy-one thousand, three hundr sixty-two dollars and thirty-six cent ($71,3(2.36); seconded by Council Member Page 1 of 11 q ,I. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT V P.M. A. 1. a) Council Member 'bCa moved to read by title only proposed Ordinance No. 1031, regarding Future Land Use Map Petition No. 08-006-SSA, submitted by Elbert Batton and Frannie Watford on behalf of property owners Abdul and Yasmin Cumber, re -designating 1.92 acres located at 309 Northeast 4" Street, Lots 1 through 12 of Block 110City of Okeechobee, from Single Family to Commercial; seconded by Council Member _,� b) Vote on motion to read by title only. VOTE YEA NAY ABSENT ABSTAINED KIRK MARKHAM WATFORD (i C. WILLIAMS L. WILLIAMS (/ 0 ARRIED 1 ENIED. c) City Attorney to read proposed Ordinance No. 1031, by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVEPLAN, ORDINANCENO. 635ASAMENDED, BYREVISING THEFUTURELAND USE MAP ONA CERTAIN TRACT OFLAND MORE PARTICULARLYDESCRIBED HEREIN FROM SING L E FA MIL Y TOMMERC PRO VIDING FO R INCL USION OF ORDINA NCE A ND RE VISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member �'7}M moved to adopt proposed Ordinance No. 1031; seconded by Council Member �.(o b) Public comments and discussion. The Planning Board at their October 23, 2008 meeting moved to recommend approval from SF to C. City Planner, Mr. Brisson reviewed the Staff Report of approval as follcNs: A. Consistency with the Land Use Categories and Plan Policies. The requested commercial future !and use designation and proposed CLT zoning appear to be consistent with the general pattern of commercia, expansion evident in the area east of US 441. Considering the pattern of prior approvals involving other lands similarly situated, it is Staffs understanding that the City ultimately envisions a pattern of commercial development within two blocks of US 441 in this general area. B. Adequacy of Public Facilities. The applicant has submitted no information regarding either the projected demand for City water and sewer services or an estimate of traffic generation. However, nearby commercial and multi -family development are served by water and sewer facilities. Given the limited size of the parcel and the likely intensity of potential commercial development, Staff believes that OUA has sufficient capacity to accommodate the water and sewer needs would be associated with the development of the subject property. At this stage, the applicant has offered no indication as to the uses to be placed on the property. Lacking this, Staff has prepared rough estimates.of the traffic generation for the most intense uses likely allowable under a Commercial Land Use designation and CLT Zoning. C. Compatibility with Adjacent and Nearby Land Uses. The property to the immediate North houses multi- family uses on two of the three lots. The land to the South is vacant. Despite the current residential land use designation of the subject property and the properties to its immediate North and South, Staff believes the policy of the City regarding properties within two blocks of US 441 in this general area envisions gradual transition to commercial use. Page 2 of 11 I P�z�ec (AGelx ovlkx-3 --- Jff) - M4 � /!t6 (,t", /&U(- Z�ox� P-)cultern `4 Seac60s/, y3 ,Ae cep .Q a�s QAt-6LI 2P oc� (D�wCkv V CcJakk c} Vote on motion. VOTE YEA I KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS (!!7YENIED. NAY ASSENT ABSTAINED Page 3 of 11 B.1. a) Council Member moved to read by title only proposed Ordinance No. 1032 regarding Application No. 08-006-R, submitted by Elbert Batton and Frannie Watford on behalf of Abdul and Yasmin Cumber, property owners, rezoning 1.92 acres located at 309 Northeast 41h Street, Lots 1 througf�12 of Block 110, City of Okeechobee, from RSF-1 to CLT; seconded by Council Member ( ( _ b) Vote on motion to read by title only. VOTE YEA NAY ABSENT ABSTAINED KIRK r,/ MARKHAM L/ WATFORD i./ C. WILLIAMS G-1, L. WILLIAMS t/ C RIED 1 ENIED. c) City Attorney to 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." 2. a) Council Member moved to adopt proposed Ordinance No. 1032; seconded by Council Member le- b) Public comments and discussion. This ordinance pertains to Rezoning Petition No. 08-006-R submitted by Elbert Batton and Frannie Watford on behalf of property owner(s), Abdul and Yasmin Cumber for property located at 309 NE 4th Street. The request is to change the rezoning designation from RSF-1 to CLT. The Planning Board reviewed the application at their October 23, 2008 meeting and voted unanimously that the application was consistent with the Comprehensive Plan. They are recommending the City Council approve the application. Mr. Bill Brisson, City Planner reviewed the Staff Report recommending approval of the request to rezone the property from RSF-1 to CLT. The Planning Staff Report findings are that the petition is consistent with the comprehensive plan. 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 foris 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. 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 Staffs understanding 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 RSF-1. 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 Page 4 of 11 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 orliving conditions orbe 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. Bufferin 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services g will be considered by the Technical Review Committee during the site plan review phase of this project.. 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 . 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety likely to have an adverse effect the City's ability to maintain its adopted levels of service. Given sound drainage and stormwater management one would not expect flooding or drainage problems. These issues will be specifically addressed by TRC during 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. ? P"LLCI- xm- C c) Vote on motion. VOTE YEA KIRK �-- MARKHAM ✓ WATFORD C. WILLIAMS i L. WILLIAMS NAY ABSENT Va,1J1 ABSTAINED CARRIED ENIED. Page 5 of 11 C.1. a) Council Member %7� 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 Northwe 9th t�eet, Block 37, City of Okeechobee, from IND to RSF-1; seconded by Council Member U b) Vote on motion to read by title only. VOTE YEA NAY ABSENT ABSTAINED KIRK MARKHAM i WATFORD C. WILLIAMS L. WILLIAMS �RRIDENIED. c) City Attorney to 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 (IND) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Council Member � n moved to adopt proposed Ordinance No. 1033; seconded by Council Member 0 U) b) Public comments and discussion. This ordinance pertains to Rezoning Petition No. 08-007-R submitted by Roland and Michele Mossel, property owner(s), for property located at 116 NW 9th Street. The request is to change the rezoning designation from IND to RSF-1. The Planning Board reviewed the application at their October 23, 2008 meeting and voted unanimously that the application was consistent with the Comprehensive Plan. They are recommending the City Council approve the application. <U�.Bi!1Briss y Planner reviewed the Staff Report recommending approval of the request to rezone the property from IND to RSF-1. The Planning Staff Report findings are that the petition is consistent with the comprehensive plan. 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 RSF-1 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 ordetrimental 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 designation 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. 7. The proposed use will not create a density pattern that would overburden public facilities such Page 6 of 11 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. c) Vote on motion. VOTE YEA I KIRK I (/ MARKHAM WATFORD C. WILLIAMS L. WILLIAMS ARR D ENIED. L� NAY ABSENT ABSTAINED MAYOR KIRK CLOSED THE PUBLIC HEARING AT - o P.M. Page 7 of 11 VIII. NEW BUSINESS. A.1. a) Council Member D 0j moved to read by title only and set December 2, 2008 as a final public hearing date for proposed Ordinance No.1034 regarding Application No. 08-009-R, submitted by Gianinna Mitchell, property owner, rezoning 0.162 acres located at 909 Southwest 2"d Avenue, Lot 12 oBlock 6, South Okeechobee, from RSF-1 to CHV; seconded by Council Member b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSENT ABSTAINED KIRK �- MARKHAM / WATFORD C. WILLIAMS L. WILLIAMS CARRIED / DENIED. c) Attorney Cook read proposed Ordinance No.1034 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, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO HEAVY COMMERCIAL (CH19 ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERAB/LITYAND AN EFFECTIVE DATE." 2. a) Council Member ;� m mov d to°�approve the first reading of proposed Ordinance No. 1034; seconded by Council Member CtJ . b) Discussion. Q� t kat c 9AC- 0wouk. �4u ,J�441 & e b� c) Vote on motion. , l.rclkd(� f v q MV VOTE YEA NAY ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS CARRI / DENIED. Page 8 of 11 B. 1. a) Council Member moved to read by title only and set December 2, 2008 as a final public hearing date for proposed Ordinance No. 1035 regarding Application No. 08-010-R, submitted by David and Anita Nunez, property owners, rezoning 1.74 acres located West of Taylor Creek between Northeast 2"d and 3rd Streets and Noroeast 7th Avenue, City of Okeechobee, from RMF and H to CHV; seconded by Council Member _ .I A. — b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSENT ABSTAINED KIRK r/ MARKHAM WATFORD C. WILLIAMS L. WILLIAMS CARRIED I DENIED. C) Attorney Cook read proposed Ordinance No. 1035 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA; AMENDING THEOFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAMILY (RMF) AND HOLDING (H) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Council Member mo o a prove the first reading of proposed Ordinance No. 1035; seconded by Council Member — b) Discussion. Oj � CG I P. cjWL Ywa�u QFDU0,d S U-iS h A" c- OTA ODD 4-LL 90� cotu aA �C4 J \k 6 ml-w (Y\a k� Ep- I tu&d 01 bL c ad F.i)�s( C) Vote on motion. VOTE YEA NAY ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS (CARRIED/ NIED. Page 9 of 11 C. Council Member moved to adopt proposed Resolution No. 8-10, r vising Appendix A regarding Applications and Process; seconded by Council Member Vote on motion. VOTE YEA KIRK MARKHAM WATFORD / C. WILLIAMS L. WILLIAMS .� CARRIED / DENIED. Council Member moved to adopt prop�o jed Resolution No. 08-11, revising Appendix C regarding Fees; seconded by Council Member c ij NAY ABSENT ABSTAINED Vote on motion. VOTE YEA NAY ABSENT ABSTAINED KIRK L/ MARKHAM i✓ WATFORD v C. WILLIAMS l", L. WILLIAMS CARRIED NIED. E. Council Member moved to adopt proposed Resolution No.08-12, authorizing and requesting issue be included in the 2009 Legislative Delegation Session; seconded by Council Member( a 4 ..1 aLL 70 -Eo Sf get -�) V NO al tit ` ._ 4 p CAL .�P/J� ttyt/10d Cu : Vo on mo oi' � v � emotion. � N��-L- ABSTAINED ta1 VOTE I KIRK YEA NAY ABSENT DLL MARKHAM �-- ��'OC WATFORD C. WILLIAMS L. WILLIAMS IE DENIED. Page 10 of 11 F. Council Member DK) moved to approve the Certified Canvass Returns from the Canvassing Board for the 2008 General Election; seconded by Council Member r*n Vote on motion. VOTE YEA KIRK V MARKHAM ti WATFORD r/ C. WILLIAMS L. WILLIAMS ARRI / DENIED. NAY ABSENT ABSTAINED G. Council Member 0( - moved to ado t proposed Resolution No. 08-13 regarding the 2008 Elections; seconded by Council Member i Vote on motion. VOTE YEA KIRK MARKHAM v WATFORD C. WILLIAMS L. WILLIAMS r� ARRIED DENIED. NAY ABSENT ABSTAINED H. Council Member Ym moved to ratify the appointment of Betty Clement to the General Employee/OUA Pension Board, term beginning January 1, 2009 to December 31, 2011; seconded by Council Member �kc - Vote on motion. VOTE YEA NAY ABSENT ABSTAINED I KIRK -� IMARKHAM WATFORD C. WILLIAMS L. WILLIAMS CCRRIE DENIED. Vill. ADJOURN MEETING. • 4 P.M. 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. Page 11 of 11 NI 4, Dw a,nl� /-� �4,-, ksr I .7� elf oa Lm I UcFe : Qcc U�u m ow CY La& +6P�6- I'Do iq daiv ftutuiq M lllkj ani 1$0 lYI [c �-f J)0jQ ;�7C-ZC Q 0� �w A� °CL�, �F9�- SE pl- ,-Sa �v�.�r ��� y��r.� hen���-"� ��!� �,` hc�'' CITY OF OKEECHOBEE - November 18, 2008 - REGULAR CITY COUNCIL MEETING - . HANDWRITTEN MINUTES BY LU 4 11 lid ; W ' I. CALL TO ORDER - Mayor: November 18, 2008 City Council Regular Meeting, 65 p.m. �. I Lam- ,�] (/li jn ��CC II. OPENING CEREMONIES: Invocation given by Pa elm-6am�r, More 2 Life Ministries; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. PRESENT ABSENT IMayor 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 t / ICity Clerk Lane Gamiotea ' Deputy Clerk Melisa Eddings / Police Chief Denny Davis r/ Fire Chief Herb Smith ?� Public Works Director Donnie Robertson IV. MINUTES - City Clerk. A. Council Member (i , r�/Yb� - moved to dispense with the reading and r ve the ummary of Council Action for the November 4, 2008 Regular Meeting; seconded by 1M4__>v . VOTE YEA NAY ABSENT ABSTAINED KIRK I MARKHAM I WATFORD I C. WILLIAMS ` L. WILLIAMS RRIED DENIED. V. WARRANT REGISTER - Ci Aj dmi ist tor. A. Council Member % Jmoved to approve the October 2008 Warrant Register in the amounts of: General Fu ,four hundred sixty-five thousand, eight hundred eight dollars and twenty-five cents($465,808.25); Public Facilities Improvement Fund, seventy-one thousand, three hund(red n/sixty-two // dollars and thirty-six cent ($71,362.36); seconded by Council Member Page 1 of 11 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of(items on today's agenda. VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT C :(76 P.M. A. 1. a) Council Member U1; h( moved to read by title only proposed Ordinance No. 1031, regarding Future Land a Map Petition No. 08-006-SSA, submitted by Elbert Batton and Frannie Watford on behalf of property owners Abdul and Yasmin Cumber, re -designating 1.92 acres located at 309 Northeast 4th Street, Lots 1 through 12 of Bloc 1 0, City of Okeechobee, from Single Family to Commercial; seconded by Council Member J/_ncO , b) Vote on motion to read by title only. VOTE YEA NAY ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS ARRIED / ENIED. c) City Attorney to read proposed Ordinance No. 1031, by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVEPLAN, ORDINANCENO. 635ASAMENDED, BYREVISINGTHEFUTURELAND USE MAP ONA CERTAIN TRACT OF LAND MORE PARTICULARLYDESCRIBED HEREIN FROM SINGLEFAMILYTO COMMERCIAL; PROVIDING FOR INCLUSIONOFORDINANCEANDREVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member moved to adopt proposed Ordinance No. 1031; seconded by Council Member , b) Public comments and discussion. The Planning Board at their October 23, 2008 meeting moved to recommend approval from SF to C. City Planner, Mr. Brisson reviewed the Staff Report of approval as follows: A. Consistency with the Land Use Categories and Plan Policies. The requested commercial future land use designation and proposed CLT zoning appear 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 Staffs understanding that the City ultimately envisions a pattern of commercial development within two blocks of US 441 in this general area. B. Adequacy of Public Facilities. The applicant has submitted no information regarding either the projected demand for City water and sewer services or an estimate of traffic generation. However, nearby commercial and multi -family development are served by water and sewer facilities. Given the limited size of the parcel and the likely intensity of potential commercial development, Staff believes that OUA has sufficient capacity to accommodate the water and sewer needs would be associated with the development of the subject property. At this stage, the applicant has offered no indication as to the uses to be placed on the property. Lacking this, Staff has prepared rough estimates of the traffic generation for the most intense uses likely allowable under a Commercial Land Use designation and CLT Zoning. C. Compatibility with Adjacent and Nearby Land Uses. The property to the immediate North houses multi- family uses on two of the three lots. The land to the South is vacant. Despite the current residential land use designation of the subject property and the properties to its immediate North and South, Staff believes the policy of the City regarding properties within two blocks of US 441 in this general area envisions gradual transition to commercial use. Page 2 of 11 I Page 3 of 11 �z-7� c) Vote on motion. VOTE YEA NAY ABSENT oesTAINFn Page 3 of 11 B. 1. a) Council Member moved to read by title only proposed Ordinance No. 1032 regarding Application Ob. 08-006-R, submitted by Elbert Batton and Frannie Watford on behalf of Abdul and Yasmin Cumber, property owners, rezoning 1.92 acres located at 309 Northeast 4`h Street, Lots 1 through 12 of Block 110, City of Okeechobee, from RSF-1 to CLT; seconded by Council Member /.d n LA , b) Vote on motion to read by title only. VOTE YEA NAY ABSENT ABSTAINED I KIRK 1 IMARKHAM I WATFORD I C. WILLIAMS I L. WILLIAMS 4iED / ENIED. c) City Attorney to 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." 2. a) Council Member moved to adopt proposed Ordinance No. 1032; seconded by Council Member C III . b) Public comments and discussion. This ordinance pertains to Rezoning Petition No. 08-006-R submitted by Elbert Batton and Frannie Watford on behalf of property owner(s), Abdul and Yasmin Cumber for property located at 309 NE 411 Street. The request is to change the rezoning designation from RSF-1 to CLT. The Planning Board reviewed the application at their October 23, 2008 meeting and voted unanimously that the application was consistent with the Comprehensive Plan. They are recommending the City Council approve the application. Mr. Bill Brisson, City Planner reviewed the Staff Report recommending approval of the request to rezone the property from RSF-1 to CLT. The Planning Staff Report findings are that the petition is consistent with the comprehensive plan. 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 foris 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. 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 Staffs understanding 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 RSF-1. 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 Pane 4 of 11 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 orliving conditions orbe 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. Bufferin 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services g will be considered by the Technical Review Committee during the site plan review phase of this project.. 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 . 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety likely to have an adverse effect the City's ability to maintain its adopted levels of service. Given sound drainage and stormwater management one would not expect flooding or drainage problems. These issues will be specifically addressed by TRC during 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. c) Vote on motion. VOTE YEA I KIRK MARKHAM WATFORD r ' I C. WILLIAMS I L. WILLIAMS CARRIED .D IED. �i T4� NAY Page 5 of 11 ABSENT ABSTAINED C.1. a) Council Member Wtl moved to read by title only proposed Ordinance No. 1033 regarding Application No.-007-R, submitted by Roland and Michele Mossel, property owners, rezoning 0.321 acres located at 116 Northwest th Street, Block 37, City of Okeechobee, from IND to RSF-1; seconded by Council Member I . b) Vote on motion to read by title only. VOTE YEA NAY ABSENT ABSTAINED I KIRK i IMARKHAM / WATFORD C. WILLIAMS L. WILLIAMS ARRIED ENIED. c) City Attorney to 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 (IND) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Council Member Tk"Id moved to adopt proposed Ordinance No. 1033; seconded by Council Member it � .MA, b) Public comments and discussion. This ordinance pertains to Rezoning Petition No. 08-007-R submitted by Roland and Michele Mossel, property owner(s), for property located at 116 NW 9`h Street. The request is to change the rezoning designation from IND to RSF-1. The Planning Board reviewed the application at their October 23, 2008 meeting and voted unanimously that the application was consistent with the Comprehensive Plan. They are recommending the City Council approve the application. Mr. Bill Brisson, City Planner reviewed the Staff Report recommending approval of the request to rezone the property from IND to RSF-1. The Planning Staff Report findings are that the petition is consistent with the comprehensive plan. 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 RSF-1 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 ordetrimental 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 designation 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. 7. The proposed use will not create a density pattern that would overburden public facilities such Page 6 of 11 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. c) Vote on motion. VOTE YEA NAY KIRK '? MARKHAM WATFORD I I C. WILLIAMS I L. WILLIAMS CARRIED DENIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT ABSENT P.M. ABSTAINED Page 7 of 11 VIII. NEW BUSINESS. �L Vto A.1. a) Council Member moved to read by title only and set December 2, 2008 as a final public hearing date for pr osed Ordinance No.1034 regarding Application No. 08-009-R, submitted by Gianinna Mitchell, property owner, rezoning 0.162 acres located at 909 Southwest 2"d Avenue, Lot 12 of BI ck 6, South Okeechobee, from RSF-1 to CHV; seconded by Council Member b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS CCARRIE�QOENIED. c) Attorney Cook read proposed Ordinance No.1034 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, 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 HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Memberl d,Imoved to pprove the first reading of proposed Ordinance No. 1034; seconded by Council Member 1(�/Y� , b) Discussion. FL O c) Vote on motion. VOTE YEA KIRK IMARKHAM I WATFORD C. WILLIAMS I I L. LLIAMS ARRIED DENIED. NAY ABSENT ABSTAINED Page 8 of 11 B. 1. a) Council Member moved to read by title only and set December 2, 2008 as a final public hearing date f(Y proposed Ordinance No. 1035 regarding Application No. 08-010-R, submitted by David and Anita Nunez, property owners, rezoning 1.74 acres located West of Taylor Creek between Northeast 2"d and 3rd Streets and Northeast 71h Avenue, City of Okeechobee, from RMF and H to CHV; seconded by Council Member b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS CARRIED ENIED. c) Attorney Cook read proposed Ordinance No. 1035 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, FROM RESIDENTIAL MULTIPLE FAMILY (RM--) AND HOLDING (H) ZONING DISTRICT TO HEAVY COMMERCIAL (CH10 ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Council Member %��f�—'mov t 7'o ve the first reading of proposed Ordinance No. 1035; seconded by Council Member /) l�_ b) Discussion. c) Vote on motion. C' /-V) ��.4 jit a /c�Z) 4 C�) C Z-T 1 Iva /� �4) llce-� VOTE YEA NAY KIRK ? IMARKHAM I t; d ? WATFORD I C. WILLIAMS ' 1' L. WILLIAMS is RRIED I ENIED. I A& ABSENT ABSTAINED { Page 9 of 11 i' z- 7,- 0i n 6 �% / CL LT str-7���� C. Council Member 1 a moved to adopt proposed Resolution No. 0 -10, revising Appendix A regarding Applicatio and Process; seconded by Council Member J Vote on motion. i � VOTE YEA NAY ABSENT ABSTAINED I KIRK MARKHAM f WATFORD f C. WILLIAMS L. WILLIAMS ARRIED ENIED. D. Council Member ��( �� moved to adopt proposed Resolution No. 08-11, revising Appendix C regarding Fee4 seconded by Council Member -n t�Luxrl— . l� � -�-�J ,, / C��,(✓.�/'/ ./� << �--� x� ,G , L.C�/-�-�-�-��J GL%Q Vote on motion. VOTE YEA NAY ABSENT ABSTAINED KIRK MARKHAM I WATFORD I C. WILLIAMS L. WILLIAMS ARRIED DENIED. E. Council Member jib , f✓2 moved to adopt proposed Resolution No. 08-12, authorizing and requesting iss s to be included in the 2009 Legislative Delegation Session; seconded by Council Member '- �2 C LL�n'`_� �`1 JA44-�j S/C WC 'j&' Vote on motion. 1 VOTE YEA NAY ABSENT ABSTAINED KIRK ( MARKHAM I WATFORD C. WILLIAMS L. WILLIAMS A RI�INIED. Page 10 of 11 TIC Yr Z�' fA CC , �lkeql�� 79 L tc /Ul F. Council Member tk moved to approve the Certified Canvass Returns from the Canvassing Board for th 08 eneral Election; seconded by Council Member r f j4a-t-M . Vote on motion. VOTE YEA NAY ABSENT ABSTAINED I KIRK I IMARKHAM I WATFORD C. WILLIAMS L. WILLIAMS I fCARR�IEENIED. G. Council MemberL moved to adopt prop sed Resolution No. 08-13 regarding the ,. 2008 Elections; seconded y Council Member'k Vote on motion. VOTE YEA NAY ABSENT ABSTAINED KIRK MARKHAM I WATFORD C. WILLIAMS L. WILLIAMS �ARRIE�D/ENIED. H. Council Member moved moved to ratify the appointment of Betty Clement to the General Employee/OUA Pension Board, trm beginning January 1, 2009 to December 31, 2011; seconded by Council Member(tv Vote on motion. VOTE YEA NAY ABSENT ABSTAINED I KIRK MARKHAM I Y WATFORD I C. WILLIAMS , L. WILLIAMS W� RRIED / D IED. VIII. ADJOURN MEETING. / P.M. ' PLEASE TAKE NOTICE AND BE ADVISED that if an person desires to a y y City respect y y p appeal an decision made b the Ci Council with res ct to an 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. Pane 11 of 11 V CALL TO ORDER - MAYOR: OPENING CEREMONIES: CITY OF OKEECHOBEE NOVEMBER 18, 2008 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA November 18, 2008, City Council Regular Meeting, 6:00 p.m. Invocation given by Rev. James Garner, More to Life Ministries; Pledge of Allegiance led by Mayor. 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 MINUTES - CITY CLERK. A. Motion to dispense with the reading and approve the Summary of Council Action for the November 4, 2008 City Council Regular Meeting. PAGE 1 OF 5 November 18, 2008 PAGE 2 OF 5 V. WARRANT REGISTER - CITY ADMINISTRATOR. A. Motion to approve the October 2008 Warrant Register. General Fund $465,808.25 Public Facilities Fund $ 71,362.36 VI. AGENDA - MAYOR. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - MAYOR. A.1.a) Motion to read by title only proposed Ordinance No. 1031, regarding Future Land Use Map Petition No.08-006-SSA, submitted by Elbert Batton and Frannie Watford on behalf of property owners Abdul and Yasmin Cumber, re -designating 1.92 acres located at 309 Northeast 4'h Street, Lots 1 through 12 of Block 110, City of Okeechobee, from Single Family to Commercial - City Planning Consultant (Exhibit 1). Planning Board is recommending approval. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1031 by title only. 2.a) Motion to adopt Ordinance No. 1031. b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to read by title only proposed Ordinance No. 1032 regarding Application No. 08-006-R, submitted by Elbert Batton and Frannie Watford on behalf of Abdul and Yasmin Cumber, property owners, rezoning 1.92 acres located at 309 Northeast 4`h Street, Lots 1 through 12 of Block 110, City of Okeechobee, from RSF-1 to CLT - City Planning Consultant (Exhibit 2). Planning Board is recommending approval. b) Vote on motion to read by title only. NOVEMBER 18, 2008 PAGE 3 OF 5 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1.c) City Attorney to read proposed Ordinance No. 1032 by title only. 2.a) Motion to adopt Ordinance No. 1032. b) Public comments and discussion. c) Vote on motion. C.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 91h Street, Block 37, City of Okeechobee, from IND to RSF-1-City Planning Consultant (Exhibit 3). Planning Board is recommending approval. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1033 by title only. 2.a) Motion to adopt Ordinance No. 1033. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. VIII. NEW BUSINESS. A.1.a) Motion to read by title only and set December 2, 2008 as a final public hearing date for proposed Ordinance No.1034 regarding Application No. 08-009-R, submitted by Gianinna Mitchell, property owner, rezoning 0.162 acres located at 909 Southwest 2nd Avenue, Lot 12 of Block 6, South Okeechobee, from RSF-1 to CHV - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1034 by title only. NOVEMBER 18, 2008 PAGE 4 OF 5 VIII. NEW BUSINESS CONTINUED. A.2.a) Motion to approve the first reading of proposed Ordinance No. 1034. b) Discussion. c) Vote on motion. B.1.a) Motion to read by title only and set December 2, 2008 as a final public hearing date for proposed Ordinance No. 1035 regarding Application No. 08-010-R, submitted by David and Anita Nunez, property owners, rezoning 1.74 acres located West of Taylor Creek between Northeast 2nd and 3rd Streets and Northeast 71h Avenue, City of Okeechobee, from RMF and H to CHV - City Planning Consultant (Exhibit 5). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1035 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1035. b) Discussion. c) Vote on motion. C. Motion to adopt proposed Resolution No. 08-10, revising Appendix A regarding Applications and Process - City Clerk (Exhibit 6). D. Motion to adopt proposed Resolution No. 08-11, revising Appendix C regarding Fees - City Clerk (Exhibit 7). E. Motion to adopt proposed Resolution No. 08-12, authorizing and requesting issues to be included in the 2009 Legislative Delegation Session - City Administrator (Exhibit 8). F. Motion to approve the Certified Canvass Returns from the Canvassing Board for the 2008 General Election - City Clerk. G. Motion to adopt proposed Resolution No. 08-13 regarding the 2008 Elections - City Attorney (Exhibit 9). NOVEMBER 18, 2008 PAGE 5 OF 5 VIII. NEW BUSINESS CONTINUED. H. Motion to ratify the appointment of Betty Clement to the General Employee/OUA Pension Board, term beginning January 1, 2009 to December 31, 2011 - City Clerk (Exhibit 10). IX. ADJOURN MEETING. 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. • • _INDEPENDENT _ _ ®NEWSPAPERS OKEECHOBE•E NEWS 107 S.W 17th Street, Suite D, Okeediobee, PL 34974 (863) 763-3134 J - r F STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a `; /y._--- 'C'V in the matter of�- 6f 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 Okeechobee 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. +)rn to and subscribed before me this day of Aid .?4 6 �tary Public, State of Florida at Large `ancAta Thiboiuit t;.(;ii1i1';ISSlCR 4 DD505311 ,� �t .ntcc Ja��taTy 10, 20 i0 N . PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida a Tuesdaayy November 18, 2008 at 6:00 p.m. or as soon thereafter possible, at all, 55 SE3rd Ave., Okeechobee. FL conduct a PUBLIC HEARING on and there; OF THE CITY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY TO COMMERCIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE The Ordinance is regarding Small Scale Comprehensive Plan Future Land Use Map Amendment Application No. 08-006-SSA, submitted by Frannie Watford and Elbert Batton, on behalf of property owher(s) Abdul and Yasmin Cumber. The request is to charge the Future Land Use designation from RSF-1 to CLT for property located at 309 Northeast 4th Street, Lots 1 throuuggh 12 of Block 110, Okeechobee, and is ap- proximately 1.92 acre(s).' The proposed Use is .for commercial development All members of the public are encouraged to attend and pparticipate in said hearing. The proposed Ordinance may be inspected M lfs eri0rety by members of the ppuublic in the Office of the City Clerk during regular business hours, Mon -Fri, Sam 4:30pm, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED hat'rf arty person desires to appeal any iectsion made by tlx City Council wiN respect to any matter considered at this rearing, such interested person will need a record of the proceedings, and far such wrpose may need to ensure a verbatim record of Ne pproceedings Is made which ecord in6udes thQ test) y and ev dance upon wh ch the appeal is to be based. ;ity Clerk media are for the 'sole purpose of backupp for official records of the Clerk. In accordance with The Americans with Disability Act (ADA) and Florida Statutes 286.26, persons with disabilities needing special accommodation to participate in his proceeding should contact Lane Gamiotea no later than two (2) working days )nor to the proceed' at 863.7633372 x215; if hearing or voice Impaired, call IOD 1-800-955-87701votce) or 1-800-955-8771 (TTY). Lane Gamiotea, CIVIC, CITI CLERK 299617 OW 1/7/08 NOV I8 - FINAL EXHIBIT NO. ORDINANCE NO. 1031 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITYOF OKEECHOBEECOMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY TO COMMERCIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 08-006-SSA), submitted by Frannie Watford and Elbert Batton on behalf of property owner(s), Abdul and Yasmin Cumber, for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Planning Board, acting as the Local Planning Agency, at a duly advertised meeting held on October 23, 2008, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Planning Board that the proposed application(s) complies with the requirements of Florida Statutes 163, Part ll, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. Ordinance No.1031 - Page 1 of 2 SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of approximately 1.928 acre(s) is hereby re -designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 08-006-SSA, from Single Family to Commercial. The Legal Description of Subject Property is as follows: LOTS 1 THROUGH 12 OF BLOCK 110, CITY OF OKEECHOBEE SUBDIVISON, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. 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 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No.1031 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and set for final public hearing on this 18T" day of November, 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 181h 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.1031 -Page 2 of 2 City of Okeechobee General Services Department 55 S.E. V Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, eat. 218 Fax: (863)763-1686 Date: 13'.2-/09 Fee Paid: , t�' 1st Hearing: I d040 Publication Dates:C46 Notices Mailed: Petition No. Qg .- 006 _ S'S'A Jurisdiction: lid' ll 2nd Hearing: j Lil og Comprehensive Plan Map Amendment Application Please Check One: _ Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): t('m m. l .l u11 i L V Owner mailing address:y i v"j rah Name of applicant(s) if other than owner (state relationship): _c Applicant mailing address: �Il � Zad 5t OUIPCJIOb'-(- f t W)-7a. Name of contact person (state relationship): An VA NAAW , 0 wt Intl,&l1. C,161 T T Contact person daytime phone(s): ��� U�q . �q �alo>p ��t{41-C 2 Fax(%hi�� $� -Dqd V Property address / directions to property: j_1��3'1-35- rat o- COs (�1 Parcel Identification Number: �_ d_ C?I I C CA U 0 Size of the Property (in acres): Current Zoning Designation: Current Future Land Use Designation: Ices l GC n -h Existing Use of the Property: Proposed Future Land Use Designation: Proposed Use of the Property: l5-3�-3S-acq o-Plob— II00-10 bm Q r CLCQ.Q Description of Surroundin Properties: P,C�►d�n �t , YYLI d �l N-m I l y l CoYh ►-w ro i c�Q� I-�-UNXI W7Y nee VCtt� Legal Description of the Property (Lengthy Description May be Attached): MI WI ' Uniform Land Use Application (rev 12/03) Page I of 2 Uniform Land Use Application (rev 12/03) Page 2 of 2 City of Okeechobee Planning Department 55 SE 3rd. Avenue; Okeechobee, FL 34974 Phone (941) 763 3373 Fax (941) 763-1686 LAND USE POWER OF ATTORNEY 02nze Of Pmperty owner(s): A � - � �,srnl n it,m bra u(,�h ru )-A -9 9©,19- HHome Telephone: Mork Telephone: operty Address: '2) oA I j e V;t 4 e) -7 ;Z, arcel TaxIDNumber. ;-�533't-3S- oc�� o - �tlnU '�sln��,-� 5-3�-��—r�Dl.u- ul 1 cv1 �o ame of Appfrca t- ; �I a r [biome Telephone: glop--u'n voG a:.- Work Telep$one: (8t -) The Undersigned, being the record title owners) of the real property descubed above, do hereby grant unto the Applicant stated above the full right an power of attorney -to make applicafson to the City of Okeechobee to change the land use of said property_ This land use change may include 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- lbfsstatments upon application or in any hearing may result in the tom".- .;on of any special exception or variance and a proceeding to rezone the property to the original classification_ This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department_ I � S WHEREOF THE UNDERSIGNED HAVE SET THFIlt HANDS AND SEALS I5DAY OF ; 200 Owner Owner W _ r � Witness More me the wed authority persouaRy appeared the owner(s) named above who upon being duly ,om aclruowWged before me that they are the owner(s) ofthe zeal. property descnbed abo w andillat :y execcrtedthe power of attorney for purpose stated therein. Swom and seubscnbed this day a(/�' t ••,.•�;;,: ;".., JAMES T MURPHY 0-Ij- Public ssi(M EXpir Notary Public, State of Honda My Comm. Expires Sep. 22, 2009 "'•i,►;p�.�h� Comm. No. DD 474653 SFAL e�,g 6) � .AiV4 c9 ) d cr�-J� wl tx--" -" a -1�;-37 3S- t��b-o!lo0 �,� � �ii�Cl nurn6t'I Doi o 8 35- oo/ D" 0000- 3-Is- 37- 3s-o016- o/i ov - 00-70. =n-Q n Okeechobee County Property Appraiser W.C. "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 PARCEL: 3-15-37-35-0010-01100-0010 -VACANT (000000) I CITY OF OKEECHOBEE LOTS 1 TO 12 INC BLOCK 110 Name: CUMBER ABDUL M & CUMBER YASMIN LandVal $216,000.00 Site: 309 NE 4TH ST, OKEECHOBEE BldgVal $0.00 Mail: 2464 WILLOWBEND DRIVE ApprVal $216,000.00 ST AUGUSTINE, FL 32092 JustVal $216,000.00 Sales 12/4/2004 $0.00 V / U Assd $216,000.00 Info 10/1/1988 $100.00 V / U Exmpt $0.00 4/1/1970 $100.00 V / Q Taxable $216,000.00 I 1 1 240 480 720 Ft 1,1" F: j G ,�ryQ This information, Last Updated: 9/19/2008, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. RIM SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT TI AND IS TRUE AND CORRECT AS SURVEYED IN THE FIEL COMPLIES WITH THE MINIM CHAPTER 61—G-17-6 BY THE PURSUANT TO SECTION 47 ARE NO ABOVE GROUND E BY: %, V REGISTERED LAND SURVEYO FLORIDA REGISTRATION # 15 GEORGE M. AYLOR, JR. R.L.S. " t 300,00' (P & M) ' (P) I 50.00' (P) I 50.00' (P) I 50.00' (P) ( 50.00' (P) I 5000 (P) .0 s'�� .50.00 VlO nn I I I I i oa 6 1 5 I i 3 i 2 I f 8 I 1 I 113LOC 11 oa ; 50,00` P) I 50.00' (P) i 50.00' (P) 50.00' (P) I 50.00' (P) b3 300.00' (P & M) S$ 300.wl(P&M) T I I I I I kwpk NOS' ` I I ( I I 300,00' (P & M) `0 LEGEND: SURVEY MAP IS PER RECORD DESCRIPTION • —FOUND CONCRETE MONUMENT —FOUND 5/8' DIA. IRON ROD THE BEST OF MY KNOWLEDGE AND BELIEF • $ —EXISTING WIRE FENCE I FURTHER CERTIFY THAT THIS SURVEY —EXISTING CHAINLINK FENCE EC NIC AL STANDARDS SET FORTH IN —EXISTING WOOD FENCE _O IDA BOARD OF LAND SURVEYORS � —CENTER LINE ❑RIDA STATUTES, AND THAT THERE FFE —FINISH FLOOR ELEVATION � MENTS OTHER THAN SHOWN. PSM —PROFESSIONAL SURVEYOR AND MAPPER DATE: R/W —RIGHT—OF—WAY PC —P❑INT OF CURVE o —DELTA ANGLE L —ARC LENGTH X 0.00 —TYPICAL ELEVATION g,A � a<'od I ig�g1 ca 8 O FIELD WORK COMPLETED: 08/26/08 LOCATION MAP N '1_VI / AVQr 2 iMr :<nR 0 rys tlm2 P iae •`t v. t, ttt'ay R x 1M A' ,iD�. i Ne�x <. w.ttia y _.EIGS Ne3M L 1+w:N Ot F 9l - ts%s� �' Sr iLhR��k -ina6 MbtstA at= NOo0NiW1E� LEGAL DESCRIPTION: 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 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: McINTOSH AND ASSOCIATES BOUNDARY SURVEY SURVEYING & MAPPING PREPARED ON THE ORDER ❑Fs 325 SW SOUTH QUICK CIRCLE ELITE TITLE, INC. PORT ST. LUCIE, FLORIDA 34953 (772)878-7568 (voice) SCALE, DRAWN BY, FILE NO., (772)343-1091 (fax) CERTIF. OF AUTHORIZATION NO. LB7332 1'=60' TMW 4249 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED IN THE FIELD. I FURTHER CERTIFY THAT THIS SURVEY COMPLIES WITH THE MINIMUM CHNICAL STANDARDS SET FORTH IN CHAPTER 61-G-17-6 BY THE F RA�DA BOARD OF LAND SURVEYORS PURSUANT TO SECTION 472. 27 FI�ORIDA STATUTES, AND THAT THERE ARE NO ABOVE GROUND EN 0 NTS OTHER THAN SHOWN. BY: ' 1 / DATE. - REGISTERED LAND SURVEYOR FLORIDA REGISTRATION #40 GEORGE M. AYLOR, JR. R.L.S. , 90.00' ( P) 8 500,00, (P & M) N un�n 300.00' (P & M) 90.00' (P) I 50.00' (P) 9 10 ocK 10 50.00' (P) 1 90.00' (P) 1 50.00' (P) 250.00' (P & M) LEGEND, 50.00' (P) fi 50.00' (P) ■ -FOUND CONCRETE MONUMENT -FOUND 5/8' DIA. IR❑N ROD -8- FENCE -EXISTING CHAINLINK - -EXISTING WOOD FENCE CL -CENTER LINE FFE -FINISH FLOOR ELEVATION PSM -PROFESSIONAL SURVEYOR AND MAPPER R/W -RIGHT-OF-WAY PC -POINT OF CURVE o -DELTA ANGLE L -ARC LENGTH X 0.00 -TYPICAL ELEVATION —lc*\ I 90.00' (P) FIELD WORK COMPLETED: 08/26/08 LOCATION MAP r� ft,2bA �. NI.Oe1R SOR !3 A, azari'�e e»oeea�v�q LEGAL DESCRIPTION: LOTS 7 THROUGH 11, 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 0.80 ACRES ADDRESS= 309 NE 5TH 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: MGINTOSH AND ASSOCIATES BOUNDARY SURVEY SURVEYING & MAPPING PREPARED ON THE ORDER OF, 325 SW SOUTH QUICK CIRCLE PORT ST. LUCIE, FLORIDA 34953 ELITE TITLE, INC. (772)878-7568 (voice) SCALE: DRAWN BY, FILE NO.: (772)343-1091 (fax) CERTIF. OF AUTHORIZATION NO. LB7332 1'=60' TMW 4249B 8 0 8 g i N dC 50.00, (I') 50.00, (P) 0` -c� Q 50.00' M SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION AND IS TRUE AND CORRECT T THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED IN THE FIELD. FURTHER CERTIFY THAT THIS SURVEY COMPLIES WITH THE MINIMUM T IN AL STANDARDS SET FORTH IN CHAPTER 61-G-17-6 BY THE L RID BOARD OF LAND SURVEYORS PURSUANT TO SECTION 472. 7 LO IDA STATUTES, AND THAT THERE ARE NO ABOVE GROUND ENC ❑ H NTS OTHER THAN SHOWN. BY, \ / / DATE, REGISTERED LAND SURVEY01 FLORIDA REGISTRATION #41 GEORGE M. AYLOR, JR. R.L.S. 500.00, (P & M) NOT 1f 300,00' (P & M) 300,00' (P & M) 50.00' (P) 1 50.00' (r) Of INGWW ON iio 50.00, M 1, 50,00, (P) 300.00' (P & M) , T7 LEGEND, Lf � 50.00' (P) ■ -FOUND CONCRETE MONUMENT -FOUND 5/8' DIA. IRON ROD $ -EXISTING WIRE FENCE FENCEENCE -' -EXISTING W❑OD CL -CENTER LINE FFE -FINISH FLOOR ELEVATION PSM -PROFESSIONAL SURVEYOR AND MAPPER R/W -RIGHT-OF-WAY PC -POINT OF CURVE o -DELTA ANGLE L -ARC LENGTH X 0.00 -TYPICAL ELEVATION 50.00' (P & M) �yo cat. a {2 7,060r,f LOCATION MAP r� f.,2hA a OiOa:A'q�E# - OlDlMlliV1EQ g LEGAL DESCRIPTION: Ca I ., LOTS 12, BLOCK 110, CITY OF OKEECHOBEE, 8 ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. CONTAINING 0.16 ACRES Ca C ADDRESS, XXX NE 4TH STREET OKEECHOBEE, FLORIDA �v g g { 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. 0 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. I CERTIFIED TO: FIELD WORK COMPLETED, 08/26/08 McINTOSH AND ASSOCIATES BOUNDARY SURVEY SURVEYING & MAPPING PREPARED ON THE ORDER OF, 325 SW SOUTH QUICK CIRCLE ELITE TITLE, INC. PORT ST. LUCIE, FLORIDA 34953 (772)878-7568 (voice) SCALE, DRAWN BY, FILE NO., (772)343-1091 (fax) CERTIF. OF AUTHORIZATION NO. LB7332 1'=60' TMW 4249A F IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's II agenda, V. CONSIDER PETITIONS AND APPLICATIONS. A. Application No. 08-006-SSA. Elbert Batton, applicant, on behalf of property owners Abdul and Yasmin Cumber Request for land use change from Single Family (SF) to Commercial (C). The property address is 309 Northeast 4 h 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 ACTION - DISCUSSION - VOTE 11 There 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 511 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. 08-006-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. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 sNaw" wort -sin Scale Comprehensive Plan Amendment Prepared for: The City of Okeechobee Applicant .• Elbert Batton & Franny Watford Petition No. 08-006-SSA Staff Report Applicant: Elbert Batton & Franny Watford Small Scale Amendment Petition No.: 08-006-SSA General Information Applicant Address: = - _1 tE-2---%I =_= _- = _ __ := : = ApJcarit Eax=Numter_- _8fi3__824_QSQ _.= ... -. y i ALP' Zoning- il- 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 the Future Land Use Map from Single Family Residential to Commercial for 12 city lots comprising 1.928 acres of land on the north side of NE 4th Street between NE 2"d and NE 3`d Streets. The Applicant has also submitted an application to rezone the property from RSF1 to CLT. Staff Report Applicant: Elbert Batton & Franny Watford Small Scale Amendment Petition No.: 08-006-SSA Adjacent Future Land Use .. Classifications and Zoning Districts ==--__-_- __ _uttf_ad=Use. Map_Clasifi_ation_= -:xisf� 'iil" li lily 1Nest = F turd=Land-_lase=Ma Classif_cation = _ _Commerct = P_ - _-- - onmg District._- xistmg: Land Use: Mortuary-= _- _ _ General Analysis and Staff Comments Based on the size of the property (1.928 acres) this application qualifies under Chapter 163, F.S. as a Small Scale Amendment to the Comprehensive Plan. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. A Goal of the City, as set forth on page 1 of the Future Land Use Element, is to "...maintain a high quality living environment, preserve its distinctive natural and historic resources, and provide public services to its residents at a minimum cost." Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property and environmentally sensitive areas from adverse impacts of incompatible land uses, activities and hazards. Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. E Staff Report Small Scale Amendment Applicant: Elbert Batton & Franny Watford Petition No.: 08-006-SSA The requested Commercial future land use designation and proposed CLT zoning appear 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 Staffs understanding that the City ultimately envisions a pattern of commercial development within two blocks of US 441 in this general area. As such, Staff believes the requested amendment is consistent with the Comprehensive Plan. B. Adequacy of Public Facilities The applicant has submitted no information regarding either the projected demand for City water and sewer services or an estimate of traffic generation. However, nearby commercial and multi -family development are served by water and sewer facilities. Given the limited size of the parcel and the likely intensity of potential commercial development, Staff believes that OUA has sufficient capacity to accommodate the water and sewer needs would be associated with development of the subject property. At this stage, the Applicant has offered no indication as to the uses to be placed on the property. Lacking this, Staff has prepared a rough estimates of the traffic generation for the most intense uses likely allowable under a commercial land use designation and CLT zoning. This analysis assumes 40,000 square feet of commercial space in one or more three story buildings, with retail on the ground floor and offices above, with a footprint of about 13,300 square feet. By contrast, under the current maximum allowable density of five units per acre in the Single -Family land use category, nine single-family units could be built. However, if the 12 lots are "grandfathered," as we suspect they are, then 12 homes could be built. Following is a brief comparison of the demand for water and sewer services and for traffic generation associated with development of the property under the current and requested Future Land Use designations. Potable Water: LOS —114 gallons per person per day Estimated residential demand: 12 Single-family units @ 2.7 person per unit = 32 persons at 114 gallons per person per day = 3,648 gallons per day. Estimated retail/office demand: OUA has no specific standard for potable water demand associated with commercial uses. Review of other information from Manatee County, which has developed a table for estimating utility flow for various uses, and the Florida Department of Health, which also estimates flows associated with certain uses, provides 3 Staff Report Small Scale Amendment Applicant: Elbert Batton & Franny Watford Petition No.: 08-006-SSA some guidance. We believe that a factor of 100 gallons per 1,000 square feet of floor area per day would be reasonable for general commercial uses. Using this factor, estimated demand associated with 40,000 square feet of commercial space at 100 gallons per 1,000 square feet = 4,000 gallons per day (gpd). Sewer: LOS — 130 gallons per person per day Projected residential demand: 12 Single-family units @ 2.7 persons per unit = 32 persons @ 130 gpd = 4,160 gpd. Projected retail/office demand: OUA uses a standard of 250 gallons per day per unit. In this case, each individual store or office would be considered a unit. Unfortunately, it is impossible at this stage to estimate the number of units. However, assuming demand for waste water treatment from general commercial uses would be about the same as that for potable water, or about 100 gallons per 1,000 square feet of floor area would indicate a demand of 4,000 gpd. Solid Waste: The County has recently confirmed a considerable level of excess capacity available to serve the solid waste disposal needs of other developments in the City. It appears reasonable that the volume of solid waste associated with a development of this size can also be accommodated within the capacity of the County's Solid Waste Facility. Traffic: LOS — Principal Arterials Minor Arterials All other roadways C D D Based on the Seventh Edition of the ITE Trip Generation Manual single-family uses generate approximately 1.01 trips in the PM Peak Hour. Commercial traffic generation varies widely depending on the specific use, but the trip generation factors for general office use is 1.49 trips per 1,000 square feet in the PM peak hour, and most other commercial uses generate at least three trips per 1,000 square feet. 0 Staff Report Small Scale Amendment Applicant: Elbert Batton & Franny Watford Petition No.: 08-006-SSA Peak hour traffic for 12 single-family units @ 1.01 per unit = 12 trips. Each of the following represents uses of varying levels of intensity allowed in the Commercial Land Use Category, assuming a three-story building: 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. C. Compatibility with Adjacent and Nearby Land Uses The property to the immediate north houses multi -family uses on two of the three lots. The land to the south is vacant. Despite the current residential land use designation of the subject property and the properties to its immediate north and south, Staff believes the policy of the City regarding properties within two blocks of US 441 in this general area envisions gradual transition to commercial use. Recommendation Staff recommends approval of the Applicant's request to amend the Future Land Use Map from Single -Family to Commercial. 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 Staff Report Small Scale Amendment Applicant: Elbert Batton & Franny Watford Petition No.: 08-006-SSA FUTURE LAND USE BATTON-WATFORD SITE AND ENVIRONS SINGLE - FAMILY MULTI - FAMILY COMMERCIAL : F 1 FI M I Cad Ct. 200 0 NE-ah-St. s NE-dth-9L 200 400 Feet 0 Staff Report Applicant: Elbert Batton & Franny Watford Small Scale Amendment Petition No.: 08-006-SSA ZONING BATTON-WATFORD SITE AND ENVIRONS ICE-4th-Ot. 200 0 200 400 Feet 7 • • DEPENDENT ® NEWSPAPERS ij OKEECHOBEE N- WS 107 S.W 17th Street, Suite D, Okeechobee, FL 34974 (863) 763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a jl'_dCt� lY�CH r in the matter of%8�+'14t4- ft�e-A" U in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the eettissues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published 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. r S` (vLo n to and subscribed before me this day of �_l "Z/t1,i0�'-1 i An ;2 0 tary Public, State of Florida at Large Phi` G J ietta Thiboult { i—emission A DD505311 j! � iGnuafy 10, 20110 CDxsA M PLEASE TAKE NOTICE that the City CouncN of the C ry of Okeechobee, Florida i Tuesday, November 18, 21108 at 6:00 p.m. or as soon thereafter possible, at all, 55 SE 3n[Ave., Okeechobee, FL conduct a PUBLIC HEARING on and there; consider final reading of the following Ordinance into law: NO.1032: AN 01 ANCE OF THE CRY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL 2 IG MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MI The Ordinance is regarding Rezoning Petition No: 08-006-R, submitted by Frarmy Watord and -Elbert Batton, on behalf of property owrher(s) Abdul and Yasmin Cum. ber. The petition is to change the zoning district from Resident' Single FamiN-One (RSF-1) to LitM Commercial .(CLT) for property located at 309 Northeast 4th Street, and is approwmately 1.92 acre(s). All members of the public are encouraged to attend and rcipate in said hearing. The proposed Ordinance may be inspected m its enthety by members of the ppuublic n the Offce of the City Clerk during regular business hours, Mon -Fri, 8am-4:30pm, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that t any person desires to appeal any decision made by the City Counch with respect to any matter considered at this hearing, such intemsted person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City,Clerk media are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disability Act (ADA) and Florida Statutes 286.26, parsons with disabilities needing special accommodation to participate in, this proceeding should contact Lane Gamiotea no later than two (2) working days prior to the proceedin at 863-763-3372 x215; d hearing or voice Impaired, call) TOD 1.800-955-8770 �vo ce) or -100-955-8771 (TTY). NOV4-1"RFAD-FXHIBITNO. l NOV 18 -FINAL - EXHIVIT Na. 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 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. James E. Kirk, Mayor ATTEST: 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 Master Land Development Application and Checklist: Rezone — Special Exception — Variance (Rev. 12107) I Date: �' Petition No. City of Okeechobee - General Services Department I Fee Paid: , ( Jurisdiction: Okeechobee, Florida 39974-2903 1. 1" Hearing: `t) 2n6 Hearing: l Phone: (863) 763-3372, ext 218 Publication Date's:3 ` Fax: (863)763-1696 Notices Mailed: (below for office use only) 1 Name of property owner(s): P C)AAj 2 Owner mailing address: gquq V,tl['oWbe,�S) 3 3 Name of applicants) if other than owner 4 6 . 111 _ �11��v �,t�l-luv� , �ira,r.�u 1r�lr�. Iry �'{� 4 Applicant mailing address: ! 1 N� Z`� S+) N(P CJ'X0 k::>eC t -3Llq I a- 15 Name of contact person (state relationship): 1�yft) h v W a,A rd 6 Contact person daytime phone(s): (�( �Qz�} -GQGI� Z- ita ) U3 1 Lftto 7 8 9 `10 11 12 113 14 15 16 17 18 Property to property: 30i Nl, 4-1C a, Describe current use of property: i &ea yO- l aKd Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc.): Approx. acreage: I R CIN f o 15 is property in a platted subdivision? (_) Yes (_X) No Is there a use on the roe that is or was in violation of a city or county ordinance? property rh' h' h' (C No; L� Yes 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? (N,/, )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? Yes No Do you own any other lands adjacent to the subject property? (-?!6 No L--) Yes If yes, describe the current and intended uses: Describe uses on a4joinipg p operty to they North: 'NU.t - 1- 4-& . y 1f �r" d't. CIO East: cjl> 1 yy t t� South: bmrvu Y Zd l West: torhme ' d Existing zoning: &51&CAJ I !�` Future Land Use classification Request is for: (.>() Rezoned;j" rV �` �) Special Exception (_) Variance Parcel Identification Number: %j 21 - 3S' J 0o I D _ f)' ( rill — W-7 0 _ 7j -15-- :ti1 7js- 3-t5-3-1-35 Dv10-bk00- Co10' 01 Zo , Master Land Development Application and Checklist: Rezone — Special Exceptibn — Variance (Rev.12/07) for office use 119 Applicant's statement of interest in property 120 Last recorded warranty deed ' 21 Notarized letter of consent from property owner (if applicant is different from property owner)./A- Property survey (one copy I I" x 1T' 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 23 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) 124 Affidavit attesting to completeness and correctness of the list (attached) X ZS Nonrefundable application fee: Rezone:$5000; Special cial Exception $250' � Variance:$250;.all plus $30/acre. ,•, � J� ..1 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. iNnrinq "aft'. YJ Printed Nai ie Date For questions relating to this application packet, call the General Services Dept. at (863) 763-3372, ext. 218 -- -This Instrument Prepared By: _ ANDREW M. CURTIS, ESQ. 1300 North west 177" Avenue Suite 2:?B Delray Beach, Florida 33445 Telephone: (5611 265-1220 Record and Return to: the above attorney FILE MOM 2005011052 OR BK 00563 PG 1428 SMAROM ROBERTSONv CLERK OF CIRCUIT COURT OKEECHOBEE COUHTYv FL RECORDED 05/FEES IO05 03-44:4S PH RECORDED BY H ArnDid _^A QUIT -CLAIM DEED t 1�i THIS QD2T-CLAIM DEED, executed this day of� /'t7�1 2004, : f. atween ABDUL M. CVTM9ZX and YASNIN A_�DIBIA CMMM TRAVZW CONPANY, '-?� rein referred to as the "GRANTOR—, and ABDUL M. CUAMER and YASNIN A. lei CO�R, as Co -Trustees of the ABDUL IVr= TRpsr, yur�des Declaration of Trust, dated � , as to an wided 1 / 2 interest, and YASN22V%J%j CCI x B M/CUMMM, as Co- Ttees of the Ar LZYIN!? TRUST, under Declaration of Tz-%pt, dated A / rjy as to an undivided 1 / 2 int t, all ha ing as addreafi of 3102 AW 122" Avenue, Coral Springs, Plor {ia'f33065, with the power and authority to protect, conserve, and to sell.��, I aI encumber or otherwise manage and dispose of the real property convey6dpthereinafter the "GRANTEE"". *(Whenever used herein the term -Grantor- - "Grantee- and 'party" include all the parties to this instrume'whether singular or plural). WITNESSETH;r]l�� the said GRANTOR, for and in consideration of the sum of Ten and 00/10 510.00) Dollars and other good and valuable consideration, in hand pai the said GRANTEE, the receipt whereof is hereby acknowledged, hereby remise, release and quit -claim unto the said GRANTEE foreve - the right, title, interest, claim and demand which the said GRANTOt ,in and to the following described lot, piece or parcel of land, yr�iate, lying and being in the County of 01G;sCNOBBS, state of FLORIDA, .%it: CITY OP tnaa�.nva ae L�T�/1 To 6 INC Brcxx 110 This is an inter-famil)(l'onveyance; therefore minimum documentary stamps are attached. This do(mSnt is being prepared without the benefit of title examination, as re}}�g ad by the Grantor. '•` �i !J Parcel ID No.: 3-15-3?-5010-01100-0020 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 1PHEREOF, the GRANTOR has hereunto executed these presents the day and y fir t above written. S' d aled and delivered the presence of: tt Name: /7t1��1 a� Z ( J �&VL A. L-unaM 3202 NW 122"Q Avenue Coral Springs, Plorida 33065 int Name:_,Z 3202 Nil 122d Avenue Coral Springs, Florida 33065 STATE OF PLORIZIA COUNTY OF BROWARD 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. CMMRR and YAMUN A. CUAMM, who have produced Drivers' Licenses as identification and did not take an oath, but acknowledged before me the execution of the foregoing instrument fo rEpas therein expressed. �SS my han d official seal in the o and State lamaforesaid this day of 2004. A W `---ItQWY PUBLIC, State of Florida Moo1JIMY11r My Commission expires: i�,- L 299 Pict 499 1 WARRANTY DEED {T�Indentu�le made this L day of October, 1 sag, BETWEEN �3 M. MELINE, Wa SAMUEL MELINE. and AUDREY MELINE, his wife ��d KbiSO1V STREET, HOLLYWOOD, FL 33021 G1F', ; r amid J J i r ABDUL Wf SfJMBER and YASMIN A. CUMBER, his wife �; of 3202 N. W. I', �•7M CORAL SPRINGS. FL 33065 " GRANTEE:�i'=�, " W I T N E S S E T H. Thai tale '' ~' for and In eotddrndon of Ow ewn d TEN AND 006gM3 (SMM DoGm andothergood and Wcable au dderallons for In hand raid by sid gnntte. diereedpt .•hanof ishereby aetnootedled, b" graaae4 bargained and sold io the grWlAm and panwt%beira forever the Wila.Yta deserlbed bud lonkd ih the Cou t"of OKEECROBFP, Sun, of Flnrlda, to, d& f' -�� N LOTS 1, 2.3. 4, 5, 6, 9, & 9,� 11 OF BLACK 110, OXEECHOBEE,ACCORDING TO THE FIAT THEREOF RECORDED INxAT BOOK 2, PAGE v. PUBLIC RECORDS OF sr. LUCE couNIY. FLORIDA. ALSO RECORDEDpt2�AT BOOK 5. PAGE 5. PUBLIC RECORDS OF OKEBCHOBEE COUNTY, FLORIDA. ; ! i SLBIECTTO RESERVATIONS, , ONS AND EASEMENTS OF RECORD, IF ANY. sad %aid grantor does bcrcby fully.acrat ld land, and wM defend the sme agabut the laadol eb1u64 at per== r ` - - wl omwever.- 'SYngulat and plus are Interchaoeabk as T"4 J - tN'wr NFSSN4jEREOF.Cnnmrltashcrcunto and althIsdayaodyeararstabouawti0ea j WffNESS bL MEL3NE • it �--��.4 2(- !�••+(..-�rs-�' I �� . C�,/�rf�.�sfl/ ! , - 3NIITTESS AUD E y 1 1. - '> mtltJi'Y OF 840 .a> a rL a � -%• SLATE OP FIARIDA S 1 I HEREBY CEMFY that on this day of I Dauber,1939, doly qumieduteaka.4-19A pctsonly appteed SAMUEL 36L M 1� aWs SAMUEL M tBFREY i MWN& hbw* to rae kmao to be the paauo(a) described 6aadwhoC==utcddtth�tWr/egalograv�a[mad ...a. /-y"faccmethuOwl eacwcdthe amw IUBUC=►aycoat�t„+onC3Rt Hcc d andAetomTtx � 34M •'��3-►.�•;: .. , Io�ia$ur►1s,�R.faufRe }: ` ' re.t orate eaa Sea 1' tittt • 6 d. 0 0 9 O�a eelwbae, Fhrfda — `•T (an) 7eta131 - Fib Number W2333 - 1 - OF 'CfFICIAL WTAlty SEAL• JOSEPl1 L. SIMUPTZ fiY LbF.i_ rya. This Instrument Prepared By: ������■e,��®�� ANDREW M. CURTZS, ESQ. ®® 1300 North West 17`t Avenue Suite 218 FILE NUM 2005011050 Delray Beach, Florida 33445 OR BK 00563 PG 1426 Telephone: (561) 265-1220 SHARONOBEEERTSONtCLE Y OF CIRCUIT COURT Record and Return to: OKEECHRECORDED 05/18/2005 03:44a45 P11 YP FL the above attorney RECORDING FEES 10.00 RECORDED BY N Arnold QUIT-er MM DR=q AM ��THIS QVIT-CLAIM DMM, executed this day of � 004, �tween ABDUL M. CWMM and YASM q A.-_�D/B/A LTA 2!gMnn7G (10t[pANy, `��:hereir_ referred to as the -GRANTOR-", and APDVZ it. C(AOM and YASMaff A. ; IIM ZR, as Co -Trustees of the AHDOL X LZVIIPO TRUBT, upoY Declaration of Trust, dhted as to an t4�d ided 1 / 2 interest, and YASMW A. AM= M. CMMM, as Co- Tf stees of the YA.AI[IIIT A. HG TRUOT, under Declaration of .T st, dated as to an undivided 1 / 2 intZI- t, all having an a re s of 3202 MW 122iQ Avenue, Coral Springs, nozl j33065, with the power and authority to protect, conserve, and to sell,, encumber or otherwise manage and dispose of the real property convey thereinafter the "GRANTEE*,. (Whenever used herein the term "Grantor; -Grantee- and "party- include all the parties to this instrumei'1�! whether singular or plural). WZTNBSSETH it._4s.1� the said GRANTOR, for and in consideration of the sum of Ten and 00/1 $10.00) Dollars and other good and valuable consideration, in hand pa i .may the said GRANTEE, the receipt whereof is hereby acknowledged, hereby remise, release and quit -claim unto the said GRANTEE foreve the right, title, interest, claim and demand which the said GRANTO ial4l,, in and to the following described lot, piece or parcel of land, fivate, lying and being in the County of State of PLORIDAo4wit: CITY OP ,:.ur sn.aw Z "7 TO 11 TWC BLOClt 110 1 This is an inter-familc4nveyance; therefore minimum documentary stamps are attached. This do�of*nt is being prepared without the benefit of title examination, as reed by the Grantor. Parcel ID No.: 3-15-317=35 010-01100-0070 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 ecyyi�Y. to the only proper use, benefit and behoof of the said GRANTEE:forever. I IN WIS WiiPOF, the GRANTOR has hereunto executed these presents the day and yea first jtbove written. and delivered e6ence of: v 1r 7 Name: // vil p/ nt Name: JorJ jib?%-vCa V ,,-� STATE OF FlORInA COUNTY OF AROWARD A9D01: 3202 BPI 1220° Avenue Coral SDringe, Plowlda 33065 YASAMW A. CO703Mt 3202 NW 122i° Avenue Coral Spriaga, Plorida 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. CQ1103ER and YASNIZP A. COMB39R, who have produced Drivers' Licenses as identification and did not take an oath, but acknowledged before me the execution of the foregoing instrument f u ses therein expressed WXT#SS my handl4nd official seal in Coun S ast aforesaid this day of 2004. NOTARY PUBLIC, State of Florida i AANDREW k CLUtTM ,lame: My Commission exp �+f. 1100a0m s i _ i i r _ 299 racy 499 WARRANTY DEED Indenture made this G day of October, 1988, BETWEEN M. MEUNE, WWA SAMUEL MEUNE, and AUDREY MEUNE, his wife STREET. Mumma FL 33o21 it ABDUL BER and YASMIN A. CUMBER, his wife of 320Z N. W.1 UE, CORAL SPRINGS, FL 33065 t� r GRANTEE•, 16 WITNHSSETH,7lut'aw formdlncomldcrsdonofthesm e(MMANDOQlib05(t1"Ddlaasadatbapad and vivahk eon>ideatlms tar In hand paid by std &mice, ditrotdpt -bmaof is hemby acknowledged, ba grXD24 Su >btrVLhxd md; Ad A tft 1� and grameda lacks foaovth a e loUvAnS docrraed land laeakd In the Cmmtyof OKE�iODEE. LOTS 1. 2. A 4.5, a.7 & 9 11 OF BLOCK 110, OKEECH09EE. ACCORDING TO THE FIAT THEREOF RECORDED T HOOK Z, PAGE 17, PUBLIC RECORDS OF SM LUCiE COUNTY. FLORIDA, ALSO RECORDED 129, T BOOK S. PAGE 5. PUBLIC RECORDS OF OKEECHOBEE COUNTY.FLORMA. e i Lf ••tiJ r", SUWECT TO RESERVATIONS, ONS AND EASEMENTS OF RECORD. IF ANY. nd aid grantor doa bcmby fu wmant ald isnd. and %dU attend the awe ■Vbmt the lawfd claims of as per>om 'ShWiv and ptunl a intemhangcabic as coa� S IMWf7WMWHEREOF, Grantmkaahcraunm and atthhdayattdyerfmxba eraitkrL V4T[NPSS AUfDkV4l E { - coumOF 3-t v o —. v SCATS OF F1,ORIDA 3 iiERPMIf CERTIFY that at thla G day of Octobcr,19a8, bd yl4orrfcer dalyquABcd to tatc sktwlcdgmcm; potaonaUyappeared3AMUELwm—�alkJaSAMUBt.MEUNE, AQ6RHYN2LWChbwlfetomekow.mtobethe peraut(s) dcwrtbcd fa aqd who cwculed ft fompbg h wumtmt tmd ac fore me that they escdtd the sm rG FL-ORtOAR 1p tie d andFemra'ttc Pora.tutae i tuit_'2 & R_ 110i t'oet otma Hcac 96g (at])Tf3-nit F& Ntattbem 88-2m ' FFICIAL ppTAlty WL. i RJOSF0.4aRTZY COtfii. 07. S/ •+.ss This Instrument Prepared By: 11MIMIMIMMIMM M AI.*DREW M. CURTIS, ESQ. 1300 North west 17G° Avenue Suite 278 _ FILE M J11 20050110450 Delray Beach, Florida 33445 OR BK (30563 ` F6 1425 Telephone: (561) 265-1220 SHARON ROBERTSONr CLERK, OF CIRCUIT COLT Record and Return to: OKEECHOBEE COUNTY FL the above attorney RECORDED 05/18/2DOS 03:44:45 Ph RECORDING FEES 10.00 RECORDED BY N Arnold /f OUIT-CLAIM DSSD �N�� THIS QIIIx-CLAZ3S DEED, executed this day of J/C `+l�Y 2004, ��qtween ABDUL M. CVMHBR and ELM= A. D/H/A COM88R TRADIIKi COIWANY, ��,berein referred to as the "GRANTOR*", an ABDUL M. CWffiE{ and SABMIN A. `!EDDIBHR, as Co -Trustees of the ABDUL M. CMUM L1V12V TRffST, and Y Declaration of Trust, dated O as to an ided 1 / 2 interest, and YASMIIY A. A80 M. CDM ER, as Co- MiAees of the YXSNy A. REpOCAHig ZaylM under Declaration of ,r5Nt, datedAn as to an undivided 1 / 2 iat t, all havin a re s of 3202 M 122i° Avenue, Coral Syringe, Flor3i%"130651 with the p er and authority to protect, conserve, and to sell,, 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 instrumeri'�/ whether singular or plural). WITNESSBTH .�, the said GRANTOR, for and in consideration of the sum of Ten and 00/1U0`ti 10.00) Dollars and other good and valuable consideration, in hand pai the said GRANTEE, the receipt whereof is hereby acknowledged, hereby remise, release and quit -claim unto the said GRANTEE foreve�%. the right, title, interest, claim and demand which the said GRANTO',= in and to the following described lot, y� J 9 piece or parcel of land, ate, lying and being in the County of ORSSCNOHSS, State of FLORIDJ►, �cYtiait: CITY OF .,.. sas...o�.am L 32 BLOCK 110 This is an inter-famil}"\ cCnveyance; therefore minimum documentary stamps are attached. This doc,5me�nt is being prepared without the benefit of title examination, as re4uepted by the Grantor. Parcel ID No.: 3-I5-3i-35(010-01100-0120 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,4kER�F, the GRANTOR has hereunto executed these presents the day and year st ab a written. d and delivered presence of: �f / int-kame: / p STATE OF FLORMA COUNTY OF BROMARD ABDUL M. coaa= 3202 AN 122"a Avenue Coral Byringr, Florida 33065 Yd6MN A. L+MOM 3202 NW 122ed Avenue Coral Syringe, Florida 33063 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. COMM and YASNIB A. C MMM, 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: �041SPXEI 107 Documertary Stamps paid m'PiE 3mnu^r of $ .7n Crass C intangit:ie tat rald in the a ou"n ,, 5 ,�ji��i��r/ clerk ei Cir unl Court data (Recording Information Above) QUIT CLAIM DEED THIS QUtr DEED, Executed this day of December, 1998 by Ms. SHERON 1 E, first party, to Abdul Cumber & Yasmin Cumber, DBIA CUMBER TRADIN ' � MPANY, whose post office address is 3202•NW 122 Avenue, Coral Springs, Florida 5-3153, second party. (CWherever used hemp, "fire[ party" and "second party" shall include smgutar and plural, heirs, legal reprpaaativa. WAagnns of individuals, :rtsi the successors and assigns of the corporations. where the corona so admits or requira.) WITNESSETH, That the first party, for and in consideration.of the sum of $10.00 in hand paid by the said second party, the receipt whereof 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 party 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 singular the appurtenances thereon belonging or in arlywise 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. `Az _ -F OR-506 R.10191 Tax Deed Fite No. 97-21-T0 Property Identification No. 3-15-37-35-0010-01100-0120 TAX DEED 13- a 2 i� a �TE OF FLORIDA COUNTY 01!OKEFMBEE The Tax Sale Certificate Numbered 2500 issued on May i'dt 1�9,y - was filed In the office of the tax collector of this County and application mad q fjf' - he issuance of a tax deed, the applicant having paid or redeemed all other taxes or tax sale - certificates on the jr4cfescribed as required by taw to be paid or redeemed, and the costs and expenses of this sale, and due notice of sale Having been published as required bylaw. and no person entitled to do so having appeared to redeem said land; �q``Ond was on the 30th day of SEPTEMBER 19 97 , offered for sale as requit law for cash to the highest bidder and was sold to CUMBER TRADING COMP r�7 whose address is 3202 #'W- A22nd AVENUE, CORAL SPRINGS, FLORIDA 33065-3153 being the highest bidder andllng paid the sum of his bid as required by the Laws of Florida. NOW, on this tb,, day of SEPTEMBER ,19 97 In the County of OKEECHOB$1~-_ , State of Florida, in consideration of the sum of IS 1.834.27 1 ONE � EIGHT HUNDRED THIRTY FOUR AND 27/100 :;ollars, being the amount paid pursuant to s of Florida does hereby sell the following (ands situated in the County and State aforesaid and described as AA- ? CITY OF OKEECH LOT 12, BLOCK FILED FOR RE'A OKEEC110LEE CL> `J0 C k of draft Courtor.County Compt►olter 300332 91OCT -3 R;} j e SHAROfl nOuEI:TS�.L�:'s`a OREECHOBEE . CLERK OF CIRCUIT COUiiT fAunty,Ftorida. witness: , A $ 13.3 tamps paid Glt'Ihe amount of o UANDA ]it _ Class C Intangible Tax paid the amount of $ 77 R Inc iL caiLa.iru Ct C)e- / -397 STATE OF FLORIDA lark of Chsott 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 to 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 few the use and purposes therein mentioned. Witness my hand and official seal date aforesaid. WANDA S. CLERK 'BRK0 3 9 6 •PAGE) 5-51 Rezoning -Specific Application and Checklist (rev. 12107) A Current zoning classification: K:S F ' Requested zoning classification C LT Describe the desired permitted use and intended nature -of activities and development of the property? B - ix-2om- Is a Special Exception necessary for your intended use? C)eJ No (_) Yes If yes, briefly describe: C Is a Variance necessary for your intended" use? (-ANo (---) Yes If yes, briefly describe: D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if E 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 Iwtitate of Transportation Engineers most recent edition of Trio Generation. IF Attachment addressing the required findings -as described below: FINDINGS REQUIRED FOR GRANTING A REZONING `Tv OR- CHANGE IN LAND DEVELOPMENT REGULATIONS r� (Sec. 70-340 in the Land Development Regulations) 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, Ext. 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 of Okeechobee Planing Department 55 9 3i `Ayenuq Okeechobee, FL 34974 Phone (941)763%3= Fox (941)'7b3-1685 LAND USE POWM3 OF AT- rORNEY OTame ofNaperty psi- "d jj rn &M bw 9 Address: -.tt4 U 4 W 0I b1N IxrJ- b r. e ft� u( �-h ri: �_t "9 Sval P- Home Tell Work Telephone: Property Addrew 3 oa N e L4-Ph -4 (`)WC h L-)heC �t � Parcel o = "rpo -001 d Name of Applic i ►x r �3cL}ta w �,-r x. r..a V� a i-o rct �ffbme Telephones Stox- u L4q- c o4 a Work Tekphawt 7 -6 BGro The Undersigned, being the record fide owner(s) of the read property described above, do hereby grant unto the Applicant stated above the full ngbt as power of attorney to make appReation to e Crty of Okeechobee to change the land use of said property_ This land use cbainge may include ezoning of the ProperiN the granting of special exceptions or variances, and appeals of decisions of the Plug Department. It is understood that conmons, Idift ions and restrictions may be laced upon the use or operation of the property. Mustatments upon application or in may hearing may sesott in the termination of any special exception or variance and a proceeding to rezone the property to the ori&al classification_ This power of attorney may be terminated only by a written and notarized statement of such termination effective apon receipt by the Planning Department - Owner U 10 owner r.-- WStness dore.me *e autlrotnty pmmOy eppearedthe omm(s) named above vaho Wm bemg duly um acknowledged before me tbat they am the owner(s) ofthe ied pmperty descatbed above and :y tisepo�wer of attargey% purpose stated therein. Swom and subscribed this .,. JAMES L MURPHY 'ee'i j— public 56CMRKpil �. Nbtary Pubic, State of Ronda " My Comm. Expires Sep. 22, 2009 ' c: ih�`` Comm_ No" DD 474653 Fli1l, •I.M .� August 22, 2009 To Whom It lr/1ay Concern: We are requesting the rezoning of Parcel number 3-15-37-35- -35- 0010-01100-0010, 3-15-37-35-0010-01100-0120, and- ed to 0010-01100-0070. We are requesting the zoning be g commercial, C-LT. 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 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 BOARDIBOARD 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 Mc 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. 08407-11 final hearing will be November 18, 2008 before City Council 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 ownersAbdul and Yasmin Cumber, Request for land 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 BOARDIBOARD OF ADJUSTMENT AND APPEALS- PAGE 2 OFT 11 There 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, 08406-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. 08406•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. Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Prepared for The City o, f 'Okeechobee Applicant .• Elbert Batton & Franny Watford Petition No. 08 006-R Staff Report Rezoning Request Applicant: Elbert Batton & Franny Watford Petition No.: 08-006-R General Information TD gum OWNER aff 1, WI Location: 309 NE 4t' Street Legal Descriptiion: 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. 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. Existing Land Use: aS_, :utt :g L ure .Lancl-Use= =i lassi.Fc-ation: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Vacant C-om - �,. Commercial CHV Mortuary Staff Report Rezoning Request Applicant: Elbert Batton & Franny Watford Petition No.: 08-006-R Analysis: 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 Batton & 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 pattems. 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 Staffs 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 Rezoning Request Applicant: Elbert Batton & Franny Watford Petition 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-tumover 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 Batton & 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 5 Staff eport Rezoning Request itton & Franny Watford Petition No.: 08-006-R FUTURE LAND USE BATTON-WATFORD SITE AND ENVIRONS 71 SINGLE FAMILY 200 0 200 400 Feet MULTI - FAMILY COMMERCIAL C7 Staff Report Applicant: Elbert Batton & Franny Watford Rezoning Request Petition No.: 08-006-R 241 A A Ir ZONING BATTON-WATFORD SITE AND ENVIRONS nth CC 200 0 200 400 Feet I 7 SURVEYOR'S 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 f BY, REGISTERED LAND SURVEll FLORIDA REGISTRATION 41 GEORGE M. AYLOR, JR. R.L.S. i 300.00' (p & M) F 50.00' (p) 1 50.00' (p) 1 50.00' (P) 1 50.00, (P) 8 I 50.00' t') 50.00' M "8 I I 8 I d- I I IFICATE SURVEY MAP IS PER RECORD DESCRIPTION THE BEST OF MY KNOWLEDGE AND BELIEF JR FURTHER CERTIFY THAT THIS SURVEY HNICALSTANDARDS SET FORTH IN IDA B❑ARD OF LAND SURVEY❑RS LORIDA STATUTES, AND THAT THERE MENTS OTHER THAN SHOWN. Gj DATE, v 1 4 1� 1 2 1 113LOC I I y f 11 50.00' (P) 50.00' (P) I 50.00' (P) 300.00' (p & M) 300,OOI (p & M) It I I I I I t� �Un N01' I C I I I I 300.00' (p & M) H!-'1" Y-1 LEGEND, ■ -FOUND CONCRETE MONUMENT -FOUND 5/8' DIA. IRON ROD CHAINLINKC FENCE -� -EXISTING -EXISTING WOOD FENCE EL -CENTER LINE FFE -FINISH FLOOR ELEVATION PSM -PROFESSIONAL SURVEYOR AND MAPPER R/W -RIGHT-OF-WAY PC -POINT OF CURVE A -DELTA ANGLE L -ARC LENGTH X 0.00 -TYPICAL ELEVATION ass, 0 8 0 s g if �I FIELD WORK COMPLETED, 08/26/08 McINTOSH AND ASSOCIATES SURVEYING & MAPPING 325 SW SOUTH QUICK CIRCLE PORT ST. LUCIE, FLORIDA 34953 (772)878-7568 (voice) (772)343-1091 (fax) CERTIF. OF AUTH❑RIZATION NO. LB7332 L❑CATI❑N MAP ri,�% a i NwM91 Syy• N•�S �� I s..rea s s<2,. sv i.a 9n $ s4 yam > ass 92W6 M9'�•t � �N1IVIEQ LEGAL DESCRIPTION: 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 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: BOUNDARY SURVEY PREPARED ON THE ORDER OF, ELITE TITLE, INC. SCALE, DRAWN BY, FILE NO., 1'=60' TMW 4249 I I rg,) \i 1= SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS. SURVEY MAP IS PER RECORD DESCRIPTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED IN THE FIELD. I THER CERTIFY THAT THIS SURVEY COMPLIES WITH THE MINIMUM TEfljDA AL STANDARDS SET FORTH IN CHAPTER 61-G-17-6 BY THE FLOBO RD OF LAND SURVEYORS PURSUANT TO SECTION 472.027 STATUTES, AND THAT THERE ARE NO ABOVE GROUND ENCROACT OTHER THAN SHOWN. BY, \J/ DATE,.9 _(P<:� _ 46 REGISTERED LAND SURVEYOR FLORIDA REGISTRATION #4015 GEORGE M. AYLOR, JR. R.L.S. 300'00' (P & M) INCI.UbFb 250.00' (P & M) 50.00' (P) 50.00' (F) 50.00' (F) 50.00' (F) (99S 8 9 10 11 MOCK 10 ' .O o.'S Ate : 9 �O 50.00' (F) 50.00' (F) 50.00' (F) 50 ' (F) 250.00' (P & M) LEGEND, ■ -FOUND CONCRETE MONUMENT -FOUND 5/8' DIA. IRON ROD $ -EXISTING CHAINLINKC FENCE - -EXISTING WOOD FENCE CL -CENTER LINE FFE -FINISH FLOOR ELEVATION PSM -PROFESSIONAL SURVEYOR AND MAPPER R/W -RIGHT-OF-WAY PC -POINT OF CURVE n -DELTA ANGLE L -ARC LENGTH X 0.00 -TYPICAL ELEVATION 50.00' (F) n 50.00' (F) FIELD WORK COMPLETED, 08/26/08 LOCATION MAP 0 .y � � Ax H4S �✓ H.Ybx 1 �� �C : ic31 > ar 3ery ¢' S S Isaxes € Sir, w RxCas ssysN;3ec - d000WINiC9 LEGAL DESCRIPTION: LOTS 7 THROUGH 11, 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 0.80 ACRES ADDRESS, 309 NE 5TH 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: McINTOSH AND ASSOCIATES BOUNDARY SURVEY SURVEYING & MAPPING PREPARED ON THE ORDER OF, 325 SW SOUTH QUICK CIRCLE PORT ST. LUCIE, FLORIDA 34953 ELITE TITLE. INC. (772)878-7568 (voice) SCALE, DRAWN BY, FILE NO., (772)343-1091 (fax) CERTIF. OF AUTHORIZATION NO. LB7332 1'=60' TMW 4249B I go i 50.00' (r) 50.00' (r) 8 CO SURVEYOR'S CERTIFICATE • •_• I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED IN THE FIELD. I F RTHER CERTIFY THAT THIS SURVEY COMPLIES WITH THE MINIMUM ECH ICAL STANDARDS SET FORTH IN CHAPTER 61-G-17-6 BY THE OR A BOARD OF LAND SURVEYORS PURSUANT TO SECTION 472.0 F RIDA STATUTES, AND THAT THERE ARE NO ABOVE GROUND ENC C ENTS OTHER THAN SHOWN. BY- V/ DATE- 0 " 1 ' Zl REGISTERED LAND SURVEY01 FLORIDA REGISTRATION #41 GEORGE M. AYLOR, JR. R.L.S. „• ❖ 300.00' (P & M) Nof I 300.00' (P & M) 300.00' (P & M) 50.00' (P) I 50.00' (P) Lf >L v 50.00'(PB.M) p_O O, Of INCWPH2 t 12 VOc 110 o d,l6Pt�� o 50.00' (P) I 50.00' (P) 500.00' (P & M) C�"[ LEGEND, 50.00' (P) a -FOUND CONCRETE MONUMENT -FOUND 5/8' DIA. IRON ROD -EXISTING CHAINLINKC FENCE - -EXISTING WOOD FENCE CL -CENTER LINE FFE -FINISH FLOOR ELEVATION PSM -PROFESSIONAL SURVEYOR AND MAPPER R/W -RIGHT-OF-WAY PC -POINT OF CURVE p -DELTA ANGLE L -ARC LENGTH X 0.00 -TYPICAL ELEVATION o, oPho 50.00' (P um) FIELD WORK COMPLETED- 08/26/08 LOCATION MAP IIIVVV /MOAYFTL .w :m R 0 lQw LIAR � . p wnR A ,�-� ia<4oz �,.�.�,��- - I 3 Z006 tSyS.xif i= OIMONTVIC9 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: MCINTOSH AND ASSOCIATES BOUNDARY SURVEY SURVEYING & MAPPING PREPARED ON THE ORDER 0E- 325 SW SOUTH QUICK CIRCLE PORT ST. LUCIE, FLORIDA 34953 ELITE TITLE, INC. (772)878-7568 (voice) SCALE- DRAWN BY- FILE N0.- (772)343-1091 (fax) CERTIF. OF AUTHORIZATION NO. LB7332 1'=60' TMW 4249A 0 ®NEWSPAPERS OKEECHOBEE NEWS 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 in the matter of 41-1 0✓ tLi in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of t-� Gam. '?'1z 'a 0 o'. Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published 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- - w rn to d subscribed before me this �✓ day of6 otary Public, State of Florida at Large Qt�t-1 anetta Thibault . miss+on;# Da505311 9 !-..i:!??f''•5 .lunuafy 10, 2010 fi ,,, , `� `_, , ,,. , aa• :+e.�; ore 55 foal (863) 763-3134 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE' hat the City Council of the City of, Okeechobee. 2008 at 6:00 p.m. or as soon thereafter posr Thobee, FL conduct a PUBLIC NEARING.on ar BEE BY REZONING A CERTAIN TRACT OF IBED HEREIN, FROM INDUSTRIAL (INO) %L SINGLE FAMILY -ONE ((RSF-1) ZONIN IG MAP ACCORDINGLY; PgOVIDING FOR EFFECTIVE DATE . bog Rezoning Petit on No. 08-007-R, submit Michelle Mossel. The demon is to change t located at 116 Northwest gm Sm am is apprwamatery u.srr acretsl. All members of the public are encouraged to attend and ppaamcipate o said h the proposed Ordinance may be inspected m its entirety by members of the n the Offce of the City Clerk during regular business hours, Mon -Fri, 8am-4: EASE TAKE'NOTICE AND BE ADVISED #0 4 any person desires to app lion made by the City Council with respect to any matter considered nil, such imerested person wiq need a record of the proceed oils, and fi Dse may need to ensure a verbatim record of the proceed oils is made. id includes the tesbmorry and evidence upon wh ch the appeal is to be Clerk media are fa the sole purpose of backup for offic al records of the accordance vridr the Americans w th DisaM Act (ADA) and of 26, persons with disabilites need nil special accommodation to partcl proceed nil stawk! corilact Lar a Gam dtea no later than two (2) worlor to the proceedo a[ 863763 3372 Q15; it hear nil a voke impair 1-800-955-8770 �vace) a 1 800-955-8771 (TTY). ne Gamiotea, CMC, CIN CLERK its ON 1 V7/08 NOV 4 - f READ - EXHIBIT NO. NOV 18 - FINAL - EXHIBIT NO. , 3 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 181h 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 General Services Department I Fee Paid: 500.00 Jurisdiction: PB/CC 55 S.E. 3rd Avenue, Room 101 ( 1st Hearinq: 10/16/08 2nd Headnq: 11/4 & 11/18/08 Okeechobee, Florida 39974-2903 Publication Dates °`=� Phone: (863) 763-3372, ext. 218 I 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: 5 Name of contact person (state relationship): Roland Mossel 6 Contact person daytime phone(s): 863-634-7722 Property address/directions to property: 7 1116 NW 9th Street — Lots 19 & 20, Block 37 0 Describe current use of property: SF home Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. g 1 None 10 1 Approx. acreage: 0.321 Acres Is property in a platted subdivision? yes Is there a use on the property that is/was in violation of a city or county ordinance? If so, describe: Residential is not a permitted use in the IND zoning district 1I 1 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 13 South: IND West: SF 14 Existing zoning: IND Future Land Use classification SF 15 Request is for: (q- Rezone (_) Special Exception (_) Variance- - 16 Parcel Identification Number: 3-15-37-35-0010-00370-0190 I Applicant's statement of interest in property: 17 Owner Revised 7/08 Page 1 of 10 18 19 20 21 22 23 23 24 25 Non-refundable application fee: 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 27 28 Applicant's materials addressing required findings for granting a rezoning (attach). See Attached 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. Signature /"at , o�/ Revised 7/09 Printed Name Date _Rb(,ANo Mossfzc 9- s- 08 I NIA Page 2 of 10 FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (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. 90A02 (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 pattems. 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. N/A 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 2005018251 OR BK 00574 PG 0146 SHAWN ROBERTSONr CLERK DF CIRCUIT CDURT THIS INSTRUMENT PREPARED BY AND RETURN TO: DKEECHOBEE CDUHTYu FL Shannon Mulholland RECORDED 08t22nOD5 10128/22 AM RECDRDING FEES 10.00 Elite Title, Inc. DEED DOC 840.00 1120 Parrott Avenue RECORDER BY G tleubourn Okeec Florida 34974 Prop Parcel Identification (Folio) Numbers: 3-15-37�5-0010-00370 0190 0 Space Above This Line For Recording Data 0 THIS W DEED, made the 19th day of August, 2005 by Scott & Deese and Glenda A. Deese, his w1k whose post o is 116 NW 9th Street, Okeechobee, Florlda 34972 herein called the grantors, to Roland S Mossd and MchelqL Mussel, his w1k whose post office address is 13450 NW 160th Stint, Okeechobee, Florida 34972, hereinafter rothe Grantees.. _ (Wherever used herein -grantor- and grantee" rmlude all the pown to this hnstrrmtera mud the heir; legal rep wanwtives turd arstgm afindivtdua successors and assigns ofcorpwWom) W I T N E S S B T EU Tb�ly grantors, for and n consideration of the sum of TEN AND 001100'S (S10.00) Dollars and other valuable considatati /receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and canSnar?R tp the grantee all that certain land situate in OKEECHOBEE County, State of Florida, viz: LOTS 19 AND 20, BWN OF OSEECHOBEE, A. .%"sisv TO THE PLAT THEREOF RECORDED IN PLAT B PPAGE 27, PUBLTC RECORDS OF OXEECHOBEE COUNTY, FLORIDA. Subject to easements, restrictions rvstiouus of record and tauree for the year 20D4 and thereafter. TOGETHER, with all the tenements, hereditam appurtenances thereto belonging or in anywise appertaining. TO HAVE APED TO HOLD, the same in fee ssimpO . V �/ AND, the grantors hereby covenant with said grante a grantors are lawfully seized of said land in fee simple; that the gtantms have good right and lawful authority to se end convey said land, and hereby warrant the tide 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 WIINFSS WHEREOF, the said grantors have signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the p s of Witness#1 Signature Shamtmc Wlfamf #1 PriutedName Witness #2 Signature DAWN MORGAN Witness #2 Printed Name STATE OF FLORIDA COUNTY OF OIKEECHOBEE Deese 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 911i as identification. SEAL SS'MU � trot H Pun' on F1orWa I �gAnec Ames on924�9tN°�' Public oaran. No. Printed Notary Name My Commission Expires: Filc No_ 05-2721 3-1 6-37-3S-0010-QGSOW 70 MULONS JOE G 0 344AC 11,0WID92 4160,=-V10' t5 Okeechobee County Property�76T22Piser b 7¢. >� �2 ft W.C. "Bill' Sherman, CFA -Okeechobee, Florida - 86 PARCEL: 3-15-37-35-0010-00300-0170 - MULTI-FAM (000800) CITY OF OKEECHOBEE LOTS 17 i£ 18 BLOCK 30 Name: MULLINS JOE G LandVal $36,000.00 Site: 1004 NW 3RDAVE, OKEECHOBEE BldgVal $133,053.00 Mail: 2170 SW 21ST ST ApprVal $169,053.00 OKEECHOBEE, FL 349740000 JustVal $169,053.00 Sales 513111996 WOO I/U Assd $169,053.00 Info 10/1/1992 $160,0W00V / Q Exmpt $0.00 711/1985 $6,000.00 V / U Taxable $169,053.00 This information, Last Updated: 8/18/2008, 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, its use, or its 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. Okeechobee County Property Appraiser �/ �'�/ �� 2007 Certified Value - Last Updated:8118/2008 Parcel ID: 3-15-37-35-0010-00370-0190 Retrieve Tax Record ] i Property Card Interactive GIS Map Pdn: Owner & Property InfoPrev Search Result: 9 of 9 Owner's Name MOSSEL ROLAND S & MICHELE L " GIS Aerial Site Address 116 NW 9TH ST, OKEECHOBEE Mailing 13632 NW 160TH ST Address OKEECHOBEE, FL 349720000 Brief Legal CrrY OF OKEECHOBEE LOTS 19 & 20 BLOCK 37 Total Land 0.321 ACRES Area Neighborhood 618611.00 Tax District so UD Codes MarketArea 140 DOR Use Code SINGLE FAM (000100) The DOR Use the Okeechobee Pleasee shown here is a Dept of Revenue code. County PI nning&Developmentofficeat863-763-5548forspecificzoningformation. V 42-" • tom; 'V14' 2it°:26. •fit ; 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 Booldpage 8/19/2005 574/146 10/21/1998 413/264 8/1/1985 274/1539 2007 Certified Values $33,950.00 Just Value $84,128.00� $0.00 Class Value $0.00 $50,178.00 Assessed Value $84,128.00 $0.00 Exempt Value $0.00 $84,128.00 Total Taxable I Value $84,1zs.aa Inst. Type Sale Vlmp Sale Quai Sale RCode Sale Price WD I Q $120,000.00 QC I U 03 $15,000.00 0 I Q $25,000.00 Building Characteristics Bldg Sketch I Bldg Item Bldg Desc Show Sketch 1 SINGLE FAM (000100) Extra Features & Out Buildings - ( Show Codes) I Code ' Desc Year Bit Land Breakdown Year Bit Heated S.F. Actual S.F. Bldg Value 1962 1686 1961 $50,178.00 Value Units NONE Lnd Code Desc Units 061ID2 RR VICINIT (MKT) 100.000 FF - (.321AC) Okeechobee County Property Appraiser I Dims I Condition (% Good) << Prev I Search Result: 9 of 9 Adjustments ` Eff Rate Lnd Value 1.00/1.0011.0011.00 ` $339.50 $33,950.00 Last Updated: 8/18/200E I HOME I Record Search I GIS Map I General Info I Exemptions 1 Tangible Tax I F A Q I Contact Us I This information was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the — governmental - govemmental 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, irs use, or it's interpretation. Although 4 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. BOUNDARY SURVEY PREPARED FOR ROLAND & MICHELE MOSSEL PROJECT SPECIFIC NOTES.• 1) UNLESS SHOWN OTHERW-V, ALL D/WWWONS ARE FLA7(P) AND MEASURED(M). 2) WE ADDRESS 116 N.W, 9771 STREET, f 3) PARCEL ID.- 3�-15-37-35,-0010-00370-0190. 4) F.LR.M. ZONE ZONE UNDETERMINED, PARCEL UES 1WMIN THE OKEECHOBEE CITY LIMITS 5) THIS SURVEY IS NOT INTENDED 70 DEPICT WRISDIC770NAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 6) ZME SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIAMUIY INSURANCE. ADD/770NS OR DEZE77ONS 70 SURREY MAPS OR REPORTS BY OTHER THAN THE TGNiNG PARTY OR PAR77ES IS PROHIBITED WITHOUT WRI77EN CONSENT OF THE SIGNING PARTY OR PAR77ES 7) DATE OF LAST'RELD SURVEY- 03115106. DESCRIPTION LOTS 19 & 20, BLOCK 37 CITY OF OKEECHOB4F,, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE A PUBLIC RECORDS OF OKEECHOSEE COUNTY, fLORIDA. 4 .'P scNE M FEET YAP SCALE f 9lClf - 311 FEET R es N BYSB25- M toacs ) reaAD'IP) (mac atst,7 15 14 13 I 12 4 s a93B?s' E' loaol'(c imayP) I TOTALP CWTAINs �• e I ate. 0 201 U i U � Or I I Zip, faY 18 "' I =- fl 21 3 I zo jjU g 2 ,rr ,ze• ra,• _ me. '•I ' y I A m�nr X IN B9SB2570Q07(C) 1OQ00t(P) t —�-�- At W 97H S7REET _ 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 other, not specifically nomad. Not valld without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There ore no visible above ground encraachmants except as shown. No attempt was mode to locate underground Improvements andAar encroachments (if any) as part of this survey. This survey was prepared In accordance with minlmum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.; Pursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: I ESCRIIPTION ARY SURVEY ! WG..DDATE ATE I WC I CK ROLAND S. MOSSEL KAE MICHELE L MOSSEL DESCRIPTION REFERENCE PROVIDED BY CLIENT OR CLIENTS REPRESENTATIVE I FB/PG 178/30-31 j SCALE 1' oo 30' BEARING REFERENCE: THE S. LINE OF BLOCK 37 IS TAKEN TO BEAR N 89'58'25' W FILE: 20208 li JOB NO- 20208 TRADEWINDS PROFESSIONAL SERVICES, INC. GaD 0-set Iron Rod and Cop TWPS 5719 ■-Found CM SURVEYORS AND MAPPERS S -Found Iran Rod (and Cop) O -Found Pipe (and Cop) ABBREVIATIONS 200 S.W. 3rd Avenue �-emew c efra.ndv a c q-co tenu z o-cd wolee CA v-Clot. TM nf- ConcNe Mmum.nk CDNC-Cm,oelr• D-D. . G-DYto w 0e 1Mgk E-Ewt: Okeechobee, FL 34974 t. N,R rwP sEoma P_trd� w&(C)- ,, Rof (mm �OVj; iAR) L�.Nih; Tel: (863) 763-2BB7 iNu.oe t Ylf-uadaam N-NorNl; N LY-NorMMX NGY(D)-Not1ond Geodaffe O v,ruod (Dot-) of 792B: NTS-Not Le ScdC OHW-0 rt.eod wvec t-ProP t Lbx P-Plot: Kr Pa l of 0—ot e: PCC-Po t of Compwnd Carwlur.: P Permanent Canlyd PoM; PO9-Powl of 9e9'mWW POCiPoi,l of Comm.e lot; PRL-P.W 01 Rerene C—t-4 PRN-Pmmmant Refp ;. NmomanC P7-Point of Tongeneyy. PJAD-PuV uently`.ma Dro oW.. R-_R=1LW R/W-R0t-a1-WDx // S-SwLtc SlY-SwfhMx T-Tangent--DEL-Iwe hone Splice a R1 at S.BW-Wk n Kenneth A. Breaux, Jr. (PSM 4820) C� st`, W Aea Nth,Auoo Na. Is 6719 wLY-WesS UUL-ull"AWs) _ li Spat !• —t'ion eoeed an I,Micaned Dotam. BOUNDARY SURVEY PREPARED FOR ROLAND & MICHELE MOSSEL PROJECT SPECIFIC NOTES.• 1) UNLESS SHOWN OTHERWISE ALL DIMENSIONS ARE PLA7(P) AND MEASURED(M). 2) SOF ADDRESS.' 116 N.W. 97H STREET. ' 3) PARCEL ID: 3-15-37-35-0010-00370-0190. 4) F.LR.M. ZONE ZONE UNDETERMINETR PARCEL LIES WHIN THE OKEECHOBEE CITY LIMITS 5) THIS SURVEY IS NOT INTENDED TO DEPICT tVRISDIC7701VAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 6) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIMAL LIAMUTY INSURANCE: ADD1710NS OR DELE770NS 70 SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PAR77ES IS PROHIBITED W9THOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PAR77ES 7) DATE OF LAST FIELD SURWr 03115106. DESCRIP770N. 15 LOTS 19 & 20, BLOCK 37,, CITY OF OKEECHOBEE, ACCORDING 70 THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5 PAGE 5 PUSUC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. M 3s SLNE N FM NAP SCALE. 1 NM — 3a FEET 14 20' AA77ED AULEY 13 _T_ ( 12 e S 889 s825" E 100.07' C ioa vrt�r•Im.- i TOTAL PARC2Z CONTAINS I ka32 ACRES f I >3 i 201. q I 18 ► �-�] rwr .k ax rio, raY p, `w1 21 roc I� O jar h E I I I R N 89SB^e!5jr —mawry) rOROOrP) 1N 89 100.07'(C) 10Q00 (P) evr 1 97H S7REET _ r STANDARD NOTES No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the survey< The survey depicted here Is prepared exdusiveiy 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 sad 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.0 pursuant to Section 472.027. Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OR DESCRIPTION DWG. DATE BY Ct RCNAND S. MOSSEL ` BOUNDARY SURVEY 03/27/06 WC K) MICHELE L MDSSEL I DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CUENT'S REPRESENTATIVE FB/PG: 178/30-31 SCALE 1' = 30' BEARING REFERENCE: THE S. LINE OF BLOCK 37 IS TAKEN TO BEAR N 89'58'25e W FILE: 20208 i JOB NO- 20208 TRADEWINDS PROFESSIONAL SERVICES, INC. SURVEYORS AND MAPPERS 200 S.W 3rd Avenue Okeechobee, FL 34974 Tel: (883/) 783-2887 Kenneth A. Breaux- Jr (PSM 4820) c� o[ Au Lorizehon No. 19 6717 LEGEND O—Set Iron Rod and Cop TWPS 6719 ■—Found CM Ilf—Found Iron Rod (and Cap) ®—Found Pipe (and Cop) ABBREVIATIONS cwu t.nr, eMAseenaeNN E Ctl,teDf{ G4—OWt or GN—Coble TV; CY— E!Ly_ a Nore, E/P CONC+Conostc DEDee2 A—Ddto u Centrol Mgle: — om R,W of, nx E/P�Edge of Pavement ESUT—C)-Im Rod (nd 9) Cop); ) Looffu Role 4ap; nAMroand; Iolk Rpe: IRe(C —No Rod Lund N Cepk Uood l Length; Y—Meos JD t ) of 19 9. TS N, 1S SIWKortHe NCV(D}Naaond Geodetic LvR P LDatom) of Mato NTSallot to Scale: DNw—Drerheod C I�Properly P PeP C —Point of C8r PV 1 1 ftq Pni' ar CamPoorW Clevolure, POP', Permanent of R. Point POB—Point of Rnginning: PDriPatnM of Canmenc-Pol t PRC=Print of Reverie Cull, UMIt PR dPermanent Reference Ymummt PT�Patnl orTongene. PUhD�PuDlic Uta1Ny and Drobeoq<R—Rodhrr. R/'AVRighl—or—N'ay„ 5'•Sou1:AY=Sa.thMY L�Tmgent TR=TNepMne Spite n SA101'Rot-'M.weal; WLY�weseemy- um=UtNtM(ies}, _=spat Dewtmn bases oo ine,�olea CIA&-- NAME ------------------------------ OWNADDRI ------------------------------ OWNCITY -------------------- OW -- OWNZIP --------- 303 REALTY LLC 3550 HIGHWAY 441 S OKEECHOBEE FL 34974 ADAMS THEODORE J & GWENDLYN A 4280 NORTHWEST LOTH TERRACE FT LAUDERDALE FL 333090000 CHURCH OF GOD OF PROPHECY 102 NW 10TH ST OKEECHOBEE FL 349722135 CHURCH OF GOD OF PROPHECY 102 NW LOTH STREET OKEECHOBEE FL 349722135 CHURCH OF GOD OF PROPHECY 102 NW LOTH ST OKEECHOBEE FL 349/20000 GLASSBURN LAMOINE & CAROL 8469 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 349720000 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 349720000 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 485 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 A.LAN 269 NW 9TH ST OKEECHOBEE FL 349720000 21 records selected. W41I 1 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 ACTION • DISCUSSION - VOTE it 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. 08-006-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. Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 SAW" Report - Rezoning Request Prepared for: City of Okeechobee Applicant: Roland & Michelle Mossel From: Industrial To: Single Family Petition No. 08-007 R 9 Staff Report Rezoning Request Applicant: Roland and Michelle Mossell Petition No.: 08-007-R General Information iWWA gym- 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 9th 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 Applicant: Roland and Michelle Mossell Rezoning Request Petition No.: 08-007-R Adjacent Future Land Use Map Classifications and Zoning Districts: � a ,., �_ •, . -.: 0 .. n ; _ 77 ,. M E 9h�L� 'ivC 1 -i va { Yr�i'._ � pp � 11 sOm- I - ROOM - � 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 9t' 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 Rezoning Request Applicant: Roland and Michelle Mossell 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 Rezoning Request Applicant: Roland and Michelle Mossell 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 11 Staff Report Applicant: Roland and Michelle Mossell Rezoning Request Petition No.: 08-007-R FLUM MOSSEL SITE AND ENVIRONS 0 FUTURE LAND USE _ ---?SINGLE - FAMILY MULTI - FAMILY COMMERCIAL INDUSTRIAL imvv 'win wreet MF MFS MF 200 0 200 400 Feet 61 Staff Report Rezoning Request Applicant: Roland and Michelle Mossell Petition No.: 08-007-R ZONING MOSSEL SITE AND ENVIRONS :9plld, I�ililYYulliYltla�lsl.esYYI URI,jalluJII.L. II II It.,w Wj.11. ANO'W,111 `. NW 9th Street 200 0 200 400 Feet All C11 i J v a _ .. Y Nov to'-t' READ EXHIBIT NO. DEC 2N° - FINAL - EXHIBIT NO. ORDINANCE NO. 1034 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 HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Gianinna Mitchell, property owner(s), of the property more particularly described hereafter, has heretofore filed Petition No. 08-009-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.162 acre(s) from Residential Single Family -One (RSF-1)Zoning District to Heavy Commercial (CHV)Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on November 12, 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: LOT 12 OF BLOCK 6, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 7, 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 Heavy Commercial (CHV). Ordinance No.1034 - 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 18T" day of November, 2008. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 2"d day of December, 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1034 - Page 2 of 2 —..j �..,a.,.....,..,.,.... General Services Department 55 S.E. 3"' Avenue, Room 101 Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 218 1 2 3 4 4a 5 7 8 9 /U l toV 4 - Fee Paid:' . o 1s` Hearing: 1 k .0 S` Publication Dates: Notices Mailed: AL c;uuvu X-vu: Jurisdiction: a�a• Td Hearing: Name of property owner(s): �9 Marti n na A. M l' cke ( L Owner mailing address: $,? pQ N \N. Iloo scree t Name of applicants) -if other than owner Applicant mailing address: K) [ A e-mail address: i an i n no- 2q a VOL 0 . CA) rY\ Name of contact person (state relationship): (,p&Tad Me- q vl 4-h rVte. Contact person daytime phone(s): g(Q3 p 34—VOI 4-2- Property address/directions to property: 909 5 W 2nd. -AW-YWe- x 0KeP-,--h019-ee- Fl. 3'M-7Ll Describe current use of property: ��side✓c-pia l Describe improvements on property (number/type buildings, dwelling units, occupied or vacant, etc. lfacant- 10 Approx. acreage: 0. It, Z AUeS Is property in a platted subdivision? JA �►; Is there a use on the property that istwas in violation of a city or county ordinance? If so, describe: 11 , 0 12 Is a pending sale of the property subject to this application being granted? N 0 . Describe uses on adjoining property to the North- 13 North: UyKW 1V00 rrp)Xt�) East: - kPQl M-4ntG ��s t ne sse 5 South: 4vuse- LWest- Ose, 14 . Existing zoning: V�i derrt O L (�Sr J suture Land Use classification Corn fayd al 15 Request is for: CX) Rezone (_,_.) Special Exception (__) Variance 16 Parcel Identification Number: 3 _ 2 ► 37-- 3 5 - 0046 — 000(Q o -- ®(20 �X ?�...., ., _ -,.tee.-_• ,.rc� :�s�,.=.�_:.�_ .. ._.- -..:, - �,.t. . �.._ : -.�. .._-�..:.. ...._. ... ... .. ... .. _... �_ •.;...«�`::.:n. - Applicant's statement of interest in property rr 17 �rta 25s o 4 -�ce, ( ACCQuyt "a r✓ra s I w Revised 7/09 Page I of 10 Non-refundable application fee: Rezoning $500; Special Exception: $250; Variance: $250; all plus $30/acre 18 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. 19 ( Last recorded warranty deed A pyj t 20 , 2oo � 20 I Notarized letter of consent form property owner (if applicant is different from property owner) Three property surveys (one no larger than I I" x IT) containing: 21 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 22 property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 23 I Affidavit attesting to completeness and correctness of the list (attached) 23 Current zoning classification: R-&F - I Requested zoning classification C 14 What is the desired permitted use and intended nature of activities and development of the 24 property? PYl?*�Zz(6,vt 04,6p-, Is a Special Exception necessary for your intended use? 25 /V D 26 1 Is a Variance necessary for your intended use? Afo Applicant's materials addressing required findings for granting a rezoning (attach). 27 Describe the Special Exception sought: 28 Are there similar uses in the area? If so, describe the 29 If a business, briefly descri a nature of the business, # of employees, hours of operat and any activities t conducted outside of a building: 30 A/A Revised 7/08 Page 2 of 10 v� 31 1 Applicant's materials addressing standards for granting a special exception (attach) 32 I Applicant's materials addressing findings required for granting a special exception (attach) Describe the Special Exception sought: 33 Describe the physical characteristics of the property that make the variance 34 Did you cause or contribute to the characteristic necessitating t6variance? If so, describe: What is the minimum variance necessary? 36 37 Applicant's materials addres g standards for granting a variance (attach) 38 Applicant's materials ad essing findings required for granting a variance (attach) 39 I hereby certify th the information in this application is correct. The information included in this applicati is for use by the City of Okeechobee in processing my request. False or misleading rtion may be punishable by a fine of up to $500.00 and imprisonment of up to 30 dajandmmay resulting the summary denial of this application. Signa Printed Name Date Revised 7/08 Page 3 of 10 Prepared by; Record and Return to: -Weddy:$osttixick Big Lake `i le:Ctsinpany, Inc 203 SW 4th Street Okeechobee, Florida 34974 File Number: 3593 M de &4s April213, 2008 A:D. , By Gary L. Cooper, a single man ��if Altf��l{I>)1��BIlf���Qll� = MILE HUM 200800!5545 OR 8K 00653 PG 075S SHARON ROBERTSONr CLERK OF 'CIRCUIT CDUR ' OKEECHOBEE COUNTYr FL RECORDED 05/05/2008 00 1i".37 PM MIT 90r000"00 RECORDING FEES 10"00 DEED DOC 630.00 RECORDED .BY Il Pinon Pq 07581 (lpe) Warranty Deed whose address is: 237 Kingfisher Lane, Haines City, FL 33844, hereinafter called the grantor, to (Whenever used herein the term "grantor" and "grpntee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Okeechobee County, Florida, viz: Lot 12, Block 6, SOUTH OXE8016-8 E; a6-Ording to the Plattliereofrecorded in Plat Book 5, Page 7, of the Public Records of Okeechobee County, Florida. Parcel ID Number: 3-21-37-35-0040-00060-0120 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsepent o Diet In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written Signed, sealed and delivered inror presence: Witness Printed Na e 'f witness Printed NnmeO fjOcol?d .% &J r wlck State of Florida County of Okeechobee (Seal) Gary L Cooper Address: 237 Kingfisher Lane, Haines City, FL 33844 The foregoing instrument was acknowledged before me his 28t,h day of April, 2008, by Gary L. Cooper, a -single man who is/are personally known to me or who has produced 1(_ as identification. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (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. 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. Revised 7108 Page 4 of 10 September 29, 2008 To : Planing Board/BOA and City Council From : Gianinna Mitchell 1. Rezoning the property at 909 SW 2 Avenue, will actually parrell and accent Planning requierements that are currently already in place by the Planing Board and City Council. 2. In accordance to regulation requierements set forth by Land Development for this particular area, we are incouraged to utilize the property for business purposes that will also contribute with tax money and revenue directly into the local economy. 3. Since the success of our business venture solely rest upon the interest of the public, we will supply service needed by everyone. 4. Because of the property is already surrounded by rental property and businesses such as the Car Wash, Car Dealerships and Restaurants, it conforms perfectly to other businesses who are already established. In fact non-commercial lots are scarcer than those that are utilized for commercial purpose. 5. We have contributed countless hours and labor into remodeling the interior of the building from flooring to the ceiling as well as extensive tree trimming of our property as well as our neighbor's. Our relationship with our neighbors, their businesses and their clients are excellent. 6. Because of the size of the property and the nature of our business intentions, we will perfectly blend in the neighborhood without causing any nuisance or hazard. 7. Because the property is large enough to sustain clientele and the type of business we offer, no impact or burden will be placed on schools, streets or utilities. 8. Like stated before the property is large enough to easily contain parking with virtually no change to traffic drainage or public safety. 9. There are no known restrictions to our intended purpose at this time. Okeechobee County Property Appraiser Last Updated: 8/2912008 Parcel ID: 3-21-37-35-0040-00060-0120 HX Lnd Com AA 2008 Proposed Values _s x tnt �1_°°.. t: �;�;=_,.: �'f-�.:,,�,.._,�._,t;: Owner & Property Info Owner's Name COOPER GARY L Site Address 909 SW 2ND AVE, OKEECHOBEE Mailing %GIANINNA A MITCHELL Address 909 SW 2ND AVENUE OKEECHOBEE, FL 34974 Brief Legal SOUTH OKEECHOBEE LOT 12 BLOCK 6 Total Land 0.162 ACRES Area Neighborhood 518652.00 Tax District 140 so UD Codes IMarketArea DOR Use Code SINGLE FAM (000100) The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863-763-5548 for speck zoning information. Property & Assessment Values Mkt Land Value cnt: (1) Ag Land Value cnt: (0) Building Value cnt: (1) XFOB Value cnt: (1) Total Appraised Value Sales History Sale Date Book/Page Inst. Type 4/28/2008 6531758 WD 6/1/1993 336/461 WD 7/1/1992 336/461 0 Building Characteristics GIS Aerial Search Result: 1 of 1 2008 Proposed Values $27,405.00 Just Value $53,769.00 $0.00 Class Value $0.00 $26,014.00 Assessed $28,169.00 $350.00 Value Exempt Value (tee= Hx) $25,000.00 $53,769.00 Total Taxable $3,169.00 Value Sale Vlmp Sale Qual Sale RCod_e Sale Price I Q $90,000.00 I Q 1 $30,000.00- I U l 03 _ $11,500.00 Bldg Sketch Bldg Item I Bldg Desc Show Sketch 1 SINGLE FAM (000100) Extra Features & Out Buildings - Code Desc ( Year Blt AFY N4 MTL FLR SH 2O01 Land Breakdown Lnd Code Desc 067SP8 I SO SIDE ST (MKT) Okeechobee County Property Appraiser Year Bit Heated S.F. Actual S.F. A Bldg Value 1950 912 912 1 $26,014.00 Value Units Dims _Condition (% Good) 1 $350.00 ' 32.000 8 x 4 x 0 ( PD (75.00) Units Adjustments 1 EffRate Lnd Value 50.000 FF - (.162AC) 1 `•00/1.00/1.00/1.00 $548.10 $27,405.00 Last Updated: 8/29/200.' Search Result: 1 of 1 HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I F A Q I Contact Us http-//www okeechobeepa.com/GIS/D_SearchResults.asp 9/3/20C uKg-.ecnooee t-oun-Ey rroperV tippraisei - wldp r11HLUU U11 7/J/4WO J.4.J_y._)V _u.LvjL x asp x --,x � IL i.1 ND LL-lu T W. TH L Ile ..WA4-T.H-CqUR-T., : I L S F, r. TH STREET Okeechobee County Property Appraiser 01 210 42'0 630 ft W.0 "Bill" Sherman, CFA - Okeechobee Florida - 363-763-4422 PARCEL: 3-21-37-3"040-00060-0120 HX -SINGLE FAM (000100 SOUTH OKEECHOBEE LOT 12 BLOCK 6 Name:COOPER GARY L LanclVal $27,405.00 Site: 909 SW 2ND AVE, OKEECHOBEE BldgVal $26,014.00 %GIANINNAA MITCHELL ApprVal $53,769.00 Mail: 909 SW2ND AVENUE JustVal $53,769.00 OKEECHOBEE, FL 34974 Assd $28,169.00 Sales 4/28/2008 $90,000.00 1 / Q Exmpt $2500000 Info 611/1993 $30,000.001 / Q Taxable $3:169.00 t7 7/1/1992 $11,500.001 / U This information, Last Updated: 8/29/2008, 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, Ws use, or Its 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- http://www.okeechobeepa.com/GIS/Pn'nt Map. asp?pJboi1bcb_hjbn1igcafcqj fhoj i aehdomh1oankkiniffipfbbo-_ _ 9/3/2008 IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. CONSIDER PETITIONS AND APPLICATIONS. A. Petition No. 08-009-R; Gianinna Mitchell, applicant and property owner. Request to change zoning designation from RSF to CHV for property located at 909 SW 2nd Avenue- Planning Consultant. B. Petition No. 08-010-R; David and Anita Nunez, applicant and property owners. Request for change of zoning designation from H and RMF to CHV for property located on NE 7' Avenue - Planning Consultant. NOVEMBER 12, 2008 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS- PAGE 2 OF 3 ��•% p v.�'e� '�. & r a xinf� ,, a.� a��Y`�..r.... ,...ice ��^TbN.��F #t�.��h; �k1 i..... There were none. Mc Brisson presented the petition and the Staff recommendation of approval stating the property is consistent with the Comprehensive Plan Use Categories and Plan Policies, There was no one present to represent the applicant. Chair Maxwell opened the Public Hearing and inquired whether there were comments from the public? There were none. Secretary Clement reported receiving a telephone call from James Wayne Burton, 914 SW 2nd Avenue, requesting to limit the rezoning to CLT. Board Member O'Connor stated he had received a call from Mr. Burton requesting the same. Chair Maxwell then closed the Public Hearing and requested discussion from the Board. After brief discussion, Member Burroughs moved to find Application No. 08.009-R consistent with the Comprehensive Plan and recommend approval to City Council to change zoning designation from RSF to CHV; seconded by Member Hoover. VOTE MAXWELL-YEA HOOVER -YEA KELLER-YEA BURROUGHS-YEA MORGAN-YEA O'CONNOR-YEA MCCOY - YEA MOTION CARRIED, Application No. 08.009-R final hearing will be December 2, 2008 before City Council. Mr. Brisson presented the petition and the Staff recommendation as being complicated, Staff feels this rezoning should be CLT to be consistent with the Comprehensive Plan. Chair Maxwell asked whether the applicant wished to address the Board? Anita Nunez, 610 N Parrott Avenue addressed the Board and maintained her request for CHV zoning stating she felt it was consistent with the surrounding land use. He then opened the Public Hearing and inquired whether anyone from the public wanted to be heard. Mr. and Mrs. Brown, 109 NE 81' Ave both addressed the Board and were opposed to the commercial rezoning, 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Ipw 11�' 111� I 11111111�1 L* Preparedfor The City of Okeechobee Applicant.- Gianinna A. Mitchell Petition No. 08-009 R Staff Report Rezoning Request Applicant: Gianinna A. Mitchell Petition No.: 08-009-R 4,01096-01"', WI ill, Applicant Address: 909 SW 2 Id Avenue Okeechobee, F134974 Coritact Phone Number- 863-634_8942 Contact Person: Gianinna A. Mitchell Future. Laud e Nlap Cla§sifirc�6#6n, Zoning District Use, of Property Acreage Existing Corhmerdial RSF1 0.162 Proposed Commercial CHV -,PrOfeassignal office' 0.162 909 SW 2 d Avenue, Parcel ID 3-21-35-7-0040-00060-0120 Legal Description: LOT 12, BLOCK 6, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 7 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA The matter before the Local Planning Agency and City Council is an application for an amendment to rezone the property from RSF1 to CHV. li :4h­ 4 The 'w'r low East: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Mixed office/residential South: Future Land Use Map Classification: Commercial ZZ - W hid -As :✓, .' Exislin'g, Land Use: Sid t 461mily, West: Future Land Use Map Classification- Single -Family Zoning District: RSF1 Existing Land Use* Single-family 1 Staff Report Rezoning Request Applicant: Gianinna A. Mitchell Petition No.: 08-009-R Section 70-340 sets forth the following criteria to be considered in acting upon a petition to rezone property. The Applicant has included along with her application a series of brief statements addressing these criteria. A copy of these statements is provided at the end of this Staff Report. Following are Staff comments 1. The proposed use is not contrary to Comprehensive Plan requirements. By rezoning to CHV, the zoning of the subject property will be consistent with its Future Land Use designation of Commercial.. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The Applicant has indicated she intends to use the property for a professional office, specifically, accounting services. Professional services are a listed permitted use in the CHV zoning district. 3. The proposed use will not have an adverse effect on the public interest. Uses allowed in the CHV district on a property designated Commercial on the Future Land Use Map are not expected to have an adverse effect on 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. The requested CHV zoning appears to be consistent with the general pattern of commercial expansion evident along the east side of SW 2"d Avenue southward from about SW 5th Street. The proposed zoning and use are appropriate for this location and are reasonably compatible with adjacent uses. The properties to the south and north are designated Commercial on the FLUM and zoned for commercial use although they currently contain single-family dwellings. While properties across SW 2"d Avenue to the west remain in single-family use, it has been generally recognized that commercial use is expected along the east side of SW 2"d Avenue. The proposed professional office use is considered compatible with nearby uses although buffering may be needed if more intense uses are envi- sioned. CHV zoning would not be contrary or detrimental to urbanizing land use patterns in the area. 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. CHV zoning at this location is not expected to adversely affect property values or living conditions. CHV zoning is common among properties located within the first block both east and west of US 441. 2 Staff Report Rezoning Request Applicant: Gianinna A. Mitchell Petition No.: 08-009-R 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. Nearby properties can be adequately buffered from any nuisance factors that may be associated with the uses allowed in the CHV district. The need for 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 the lot size is small and the likely intensity of development should have no significant impact upon the City's ability to provide public services and facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. This is a small property and the addition of a professional office use is not expected to create traffic congestion, undue runoff or public safety problems. Drainage will be accommodated during the site plan review process. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions on the property are those standards prescribed by the Land Development Code and the Comprehensive Plan. Recommendation: Based on the foregoing analysis, Staff recommends approval of the request to rezone the property from RSF1 to CHV. Submitted by - James G. LaRue, AICP October 31, 2008 Planning Board hearing: November 12, 2008 Council Hearing: December 2, 2008 Attachments. Future Land Use Map Zoning Map County Property Appraiser's Aerial 3 Staff Report Applicant: Gianinna A. Mitchell Rezoning Request Petition No.: 08-009-R FUTURE LAND USE MITCH ELL SITE AND ENVIRONS Mitchell site SINGLE- FAMILY MULTI - FAMILY COMMERCIAL PUBLIC FACILITIES 300 0 300 600 Feet 4 Staff Report Applicant: Gianinna A. Mitchell Rezoning Request Petition No.: 08-009-R ZONING MITCHELL SITE AND ENVIRONS 235 236 I [� Mitchell site CHV 300 I 0 300 600 Feet 5 Staff Report Rezoning Request Okeechobee County Property Appraiser Aerial Applicant: Gianinna A. Mitchell Petition No.: 08-009-R 2 Staff Report Rezoning Request To: Planing Board/BOA and City Council From: Gianinna Mitchell Applicant: Gianinna A. Mitchell Petition No.: 08-009-R September 29, 2008 1. Rezoning the property at 909 SW 2 Avenue, will actually parrell and accent planning requirrements that are currently already in place by the Planning Board and City Council. 2. In accordance to regulation requierements set forth by Land Development for this particular area, we are incouraged to utilize the property for business purposes that will also contribute with tax money and revenue directly into the local economy. 3. Since the success of our business venture solely rest upon the interest of the public, we will supply service needed by everyone. 4. Because of the property is already surrounded by rental property and businesses such as the Cu Wash, Cu Dealerships and Restaurants, it conforms perfectly to other businesses who are already established. In fact non-commercial lots are scarcer than those that are utilized for commercial purpose. 5. We have contributed countless hours and labor into remodeling the interior of the building from flooring to the ceiling as well as extensive tree trimming of our property as well as our neighbor's. Our relationship with our neighbors, their businesses and their clients are excellent. 6. Because of the size of the property and the nature of our business intentions, we will perfectly blend in the neighborhood without causing any nuisance or hazard. 7. Because the property is large enough to sustain clientele and the type of business we offer, no impact or burden will be placed on schools, streets or utilities. 8. Like stated before the property is large enough to easily contain parking with virtually no change to traffic drainage or public safety. 9. There are no known restrictions to our intended purpose at this time. III c ' ell` r -> 51 - nt 14250' (P & M) O . f tA0 38.4' r! L4iy iob% 14250' (P & M) t i-d dG'p 3NsC� r ozs < v t C p LOCATION MAP win I ale Tt. TjF,-'•:i}:-:-1�, _:�ti:�;k•4 :.. `..., 5. �.. �r�=fir; Y- LEGAL DESCRIPTION: LOT 12, BLOCK 6, _SaUT'H OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. ADDRESS" 900 SW 2-ND AVENUE - KEECHOBEE, FLORIDA SURVEY NOTES: 1. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS--(3F-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. SURVEY NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE_. 8. DIMENSIONS PREVAIL [IVER SCALE. CERTIFIED TO: LOCATION MAP win I ale Tt. TjF,-'•:i}:-:-1�, _:�ti:�;k•4 :.. `..., 5. �.. �r�=fir; Y- LEGAL DESCRIPTION: LOT 12, BLOCK 6, _SaUT'H OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. ADDRESS" 900 SW 2-ND AVENUE - KEECHOBEE, FLORIDA SURVEY NOTES: 1. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS--(3F-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. SURVEY NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE_. 8. DIMENSIONS PREVAIL [IVER SCALE. CERTIFIED TO: GIANINNA A. MITCHELL FLOOD ZQNE� 'X' BIG LAKE TITLE COMPANY UNMAPPED FIRST AMERICAN TITLE INSURANCE COMPANY RIVERSIDE NATIONAL BANK OF FLORIDA, ITS SUCCESSORS AND/OR ITS ASSIGNS SURVEYOR'S CERTIFICATE LEGENDS FIELD WORK COMPLETED 03/04/08 I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF • • -FOUND CONCRETE MONUMENT -FOUND 5/8 DIA. IRON ROD McINTOSH AND ASSOCIATES BOUNDARY SURVEY AS SURVEYED IN THE FIELD. I FURTHER CERTIFY THAT THIS SURVEY $ - -EXISTING WIRE FENCE -EXISTING IFENCE SURVEYING 8 MAPPING COMPLIES WITH THE MINIMUM TE ICAL STANDARDS SET FORTH IN -EXISTING WOOD FEENN CE WOOD PREPARED ON THE uhtl)tlt UF's CHAPTER 61-G-17-6 BY THE FLO A BOARD OF LAND SURVEYORS -CENTER LINE 325 SW SOUTH QUICK CIRCLE PURSUANT TO SECTION 472.027 RI A STATUTES, AND THAT THERE FFE -FINISH FLOOR ELEVATION PORT ST. LUCIE, FLORIDA 34953 RIVERSIDE NATIONAL BANK ARE NO ABOVE GROUND ENCROAC EN S OTHER THAN SHOWN.,,,,.-, PSM -PROFESSIONAL SURVEYOR AND MAPPER (772)878-7568 (voice) SCALE' DRAWN BY, FILE NO.� DATES S Q� (772)343-1091 (fax) BY, R/W PC -RIGHT-OF-WAY -POINT OF CURVE CERTIF. OF AUTHORIZATION NO. LB7332 1'-20' TMW 4000 REGISTERED LAND SURVEYOR A -DELTA ANGLE FLORIDA REGISTRATION #4015 GEORGE M. AYLOR, JR. R.L.S. L X 0,00 -ARC LENGTH -TYPICAL ELEVATION Nov form-f" REAV EXHIBIT No. VEC 2ND - FINAL - EXHIBIT No. ORDINANCE NO. 1035 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 MULTIPLE FAMILY (RMF) AND HOLDING (H) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, David and Anita Nunez, property owner(s), of the property more particularly described hereafter, has heretofore filed Petition No. 08-010-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 1.74 acre(s) from Residential Multiple Family (RMF) and Holding (H) Zoning District to Heavy Commercial (CHV) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on November 12, 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: PARCEL ONE: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTHERLY EXTENSION OF THE EAST LINE OF BLOCK 147 AND THE SOUTHEAST CORNER OF LOT 12 IN BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND RUN SOUTHWESTERLY ALONG SAID NORTHERN EXTENSION OF THE EAST LINE OF SAID BLOCK 147, TO THE INTERSECTION WITH THE CENTER LINE OF NORTHEAST 3RD STREET, (FORMERLY NINTH STREET), ALSO BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND AS DESCRIBED IN O.R. BOOK 405, PAGE 664, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTHWESTERLY ALONG SAID EXTENDED LINE TO THE NORTHEAST CORNER OF LOT 1 IN SAID BLOCK 147; THENCE CONTINUE SOUTHWESTERLY ALONG THE EAST LINE OF SAID LOT 1 AND THE SOUTHERLY EXTENSION THEREOF, TO THE NORTHEAST CORNER OF LOT 9 IN SAID BLOCK 147; THENCE RUN EAST ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 9, TO THE WESTERN SHORELINE OF TAYLOR CREEK; THENCE RUN NORTHEASTERLY, ALONG SAID WESTERN SHORELINE, TO THE INTERSECTION WITH THE EASTERLY EXTENSION OF THE AFORESAID CENTERLINE OF NORTHEAST 3RD STREET, ALSO BEING THE SOUTHEAST CORNER OF SAID LAND DESCRIBED IN O.R. BOOK 405, PAGE 664; THENCE RUN WEST ALONG SAID EXTENDED CENTERLINE Ordinance No.1035 - Page 1 of 2 AND ALSO ALONG THE SOUTH BOUNDARY LINE OF SAID PARCEL OF LAND TO THE POINT OF BEGINNING; AND PARCEL TWO: LOTS 6 THROUGH 9 OF BLOCK 147, CITY OF OKEECHOBEE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND PARCEL THREE: BEGINNING AT THE NORTHEAST CORNER OF LOT 9 OF BLOCK 147, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND RUN SOUTHWESTERLY ALONG THE EAST LINE OF SAID LOT 9 TO THE SOUTHEAST CORNER OF SAID BLOCK 147; THENCE RUN SOUTHWESTERLY TO THE NORTHEAST CORNER OF FRACTIONAL BLOCK 148 OF SAID PLAT OF OKEECHOBEE; THENCE RUN EAST, ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID BLOCK 148, TO THE WESTERN SHORELINE OF TAYLOR CREEK; THENCE RUN NORTHEASTERLY ALONG SAID WESTERN SHORELINE, TO THE INTERSECTION WITH THE EASTERLY EXTENSION OF THE NORTH LINE OF AFORESAID LOT 9; THENCE RUN WEST ALONG THE EXTENDED NORTH LINE OF SAID LOT 9, TO THE POINT OF BEGINNING. 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 Multiple Family (RMF) and Holding (H) Zoning District to Heavy Commercial (CHV) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 18th day of November. 2008. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CIVIC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 2"d day of December. 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1035 - Page 2 of 2 City of Okeechobee General Services Department 55 S.E. 3'd Avenue, Room 101 Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, eat. 218 1 2 3 4 4a 5 6 7 8 9 10 11 12 13 14 15 16 17 Name of property owner(s): Date: 1O Ja/ fin Y Fee Paid:/A,-�b. �v 1"Hearing: Publication Dd es: ` Notices Mailed: Pehhon No. O f 010- K Jurisdiction: 21" Hearing: /1 7� / 01-- I 7 Owner mailing address: 1� 10 1g0gTq pA R ar)r--r A VF , oV FFCfH013FF - s= I Name of applicant(s) if other than owner Applicant mailing address: �j O NORTY BARROW ME-) nkTFC K— e-mail address: NUKE 7 D 3 t0 r=Al2TE-/1 .1 K1KJ -r Name of contact person (state relationship): V('" LAN t - FAd piC1� Contact person daytime phone(s): &(o ) _ q 101 _ bl Property address/directions to property: 70 FAST TV NE -7T44 AV E LE FT) J L;,ST W Al t D F-AS-r OP N E ?-N") F;i ,ct- CN -i>R0,3G'0T (-EAST 3iDt�-M4 -)r4) Describe current use of property: Sit\fitF FAWILV HOME 4 VACAMT Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. N din E-i C--APAAC,E TD BE- VACAT1 D w IT i 1 r4 (v o Dq/S AND DEMOU9Eir-D Approx. acreage: 1, -73 1 Is property in a platted subdivision? Is there a use on the property that istwas in violation of a city or county ordinance? If so, describe: No Is a pending sale of the property subject to this application being granted? Describe uses on adjoining property to the North: North: MEBit r HW a vack tr I.(3T East: TAy► o R OWES South: owxeiZ ii1 v.AraniT PRrPPR i uk,klfz 1 West: A,/e Existing zoning: a i r i Future Land Use classification Request is for: L�) Rezone Special Exception C__) Variance 3-/5-37-35 -oo/O- o00/o-O!:)Ih` Parcel Identification Number: /5-37 - 35 no l 0- c o0 / c) — oo ! /C . _. AAt 1TS Applicant's statement of interest in property 0Wtve2 Revised 7/08 Page 1 of 10 18 19 120 121 22 23 Non-refundable application fee: Rezoning $500; Special Exception: $250; Variance: $250; all plus $30/acre -00 t .3iq = ` 6-WQ-- 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 °weer) N /A Three property surveys (one no larger than 11" x 1T) 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) 23 1 Current zoning classification: g M F / 4 Requested zoning classification C H V What is the desired permitted use and intended nature of activities and development of the 24 property? C om m F-R c lAk- Is a Special Exception necessary for your intended use? K O 25 Is a Variance necessary for your intended use? 14 O 26 Applicant's materials addressing required findings for granting a rezoning (attach). 27 Describe the Special Exception sought: 28 Are there similar uses in the area? If so, describe them: 29 If a business , briefly describe the nature of the business, # of employees, hours of operation and any activities to be conducted outside of a building: 30 Revised'7/08 Page 2 of 10 31 I Applicant's materials addressing standards for granting a special exception (attach) 32 I Applicant's materials addressing findings required for granting a special exception (attach) Describe the Special Exception sought: 33 Describe the physical characteristics of the property that make the variance necessary. 34 Did you cause or contribute to the characteristic necessitating the variance? If so, describe: 35 What is the minimum variance necessary? 36 37 Applicant's materials addressing standards for granting a variance (attach) 38 Applicant's materials addressing findings required for granting a variance (attach) 39 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. Si ture Printed Name Date r' AM iT A 1 ti1tZ 10�'ZO�00a Revised 7/08 Page 3 of 10 Petition No. bl6ro 10 - Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change In land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of and the assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this 9(yth day of 00Znng_. ID�, Si at*6 of Applicant Date ' A,v 17-A lvv pie z Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this day of nT CDdF9 2006 . Personally known to me ✓ or produced , as identification and did not take an oath. Seal: Notary Pub , te-of Florida �KIMBERLY L ANDERSON MY COMMISSION # DD812601 EXPIRES August 06, 2012 (1p7)3Y!-0153 FlorldeNdarySarvice.com Revised 7/08 Page 8 of 10 Ad /9 30 t r 38S•o0 zaf- ,? AV, This Dowastat prepared By and Astern to: CONHLY a CONIfLY, P.A. TOM W. COMT.Y, 3:IS 401 N.W. 6TH STRIMT P.O. 1367 O FL 34973-1367 '�/t. O tlftp PILE NUM 377902 OR BK 00511 PG 1153 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 09/18/2003 04352:40 PH RECORDING FEES 19.50 HTG DOC 385.00 INTANGIBLE TAX 220.00 RECORDED BY N Arnold eO Real Estate Mortgage THIS"DI 4,d& 27th day of June A.D.2003 between DAVID NU=gnd ANITA S. NUNEZ, his wife herein ailed mwwago, ion uxmaid of the sum named ind o promissory note berenb in deseed from received FRED B. CAGLE, we post office address is Post Office Box 1033, Inverness, FL 344 berem abed Mortgam (the terms and "Mortgagee• include all parties to each capacity to this instrument and their respective helm personal repramudva. soecesson the term -mate mcinda all promissory notes described he =) Mortgagor hereby mortgages m Magee dhe rai p�y;a Okee �y Florida describedas See Exhibit aAe atta °hereto. THIS IS A PURCHASE M0NX2,-WRST MORTGAGE. IF A CONVEYANCE SHOULD B� BY THE MORTGAGOR OF THE PREMISES HEREIN DESCRIBED, OR ANY THEREOF, WITHOUT PRIOR WRITTEN CONSENT OF THE MORTGAGEE AND UPON TERMS AND AT SUCH A RATE AS MORTGAGES SHALL REQUEST, THEN IN SUCH , AND AT THE OPTION OF THE MORTGAGEE, ALL SUMS OF MONEY HEREBY SHALL IMMEDIATELY AND CONCURRENTLY WITH SUCH CO BECOME DUN AND PAYABLE. MORTGAGOR SHALL FURNISH A PAIDNYX* RECEIPT FOR AD VALOREM TAXES LEVIED AND ASSESSED AGAINST THE SUBJECT PROPERTY ON OR BEFORE APRIL 1st OF EACH YEAR COMMENCING APRIL 1, 2004, FOR SO LONG AS ANY PORTION OF THE PROMISSORY NOTE SECURED HEREBY SHALL REMAIN UNPAID. MORTGAGOR SHALL ALSO FURNISH A PAID INSURANCE RECEIPT REFLECTING THE MORTGAGEE AS AN ADDITIONAL NAMED INSURED. TOGMEa with ON eaearment, connected thaewidh, improvement anon a heeafter trade lhaeeon, lfxtma attached lbacto. Rory 111Mtme or fiunishingg bated thereon or therein am any raveskms, temaiaders, renti issues and profit thereof as sectmty for tea payment of the promissory note, a CM olwhich is sgacbed. AND Mortgagor hereby twvemnts: 1. That Mortgagor is in acted possession and seized of said real property in fee simple with Cull power and lawfd right to mortgage the same; drat said pares" is free Sam all New and cocurnbrances except as set forth herein; that Mortgagor folly warrant tea tick to said real property and will defend the same against lawful claime of eG persona wbotmoever- 2. To pay all money required by said mote and this mortgage, or either, promptly when doe 3. To pry all taxes, assessments, levies, Gabilifim obligations and aemheramxes of every description now on or which may baeafter accrue on said property, this mortgage and the debt secured hereby, or any of these, when doe If any past thereof is not paid when doe, Mortgagee may pay it wr;Ihomt waiving the option to foreclose this mortgage or say other right hereunder. 4. To pay all cost and expenses together with mum" amorneyt fees (including appellate ptoaedicgs) incurred by Mortgagee because of any debultby Motgegoru der this mortgage and said now, oreither. 5- To keep the improvement now or berafta on said property insured aga st loss by fro or odw hands included in the tams "extended coverage" and "other pmW in the amount secured by this mortgage by an 6mna approved by Mortgagee. The policy shall be held by and made payable to Mortgagee, by standard New York mortgagee clause without wnntbtroon as Mortgagea's imerest may appear. If any money becomes payable under such policy, then all cbeeks ibr said money will be node payable to Mortgagor and Morigaga and the proceeds shell be feu applied to restore tee mortgaged property to the condition k was immediately before do loss occurred and if then be any excess or if the property not so restored then Mortgagee may apply the same P the payments last due on the debt secured hereby or may permit Mortgagor to use it, or any part thereof, for other purposes without waiving or immpating any lies or right hereunder. H Mortgagor fats to obtain such polcy. Mortgagee may procure it and pay therefor without waiving the option to foreclose this mortgage at any otherright hereunder. 6. Topsxmit, commot or soft no wash, impaire— or deterioration ofsaid property or any pest thereof. 7. That if sad propety, or any pact thoreo4 is taken by eminent domain, Mo tgagm shall have the right to receive and apply all money paid for such taking to the payment last due on the debt secured hereby or may permit Mortgagor to use it, or any part lhexeof, for other purposes without waiving or impairing any Gen or right nder this mortgage. If the remaining part of said property is inadetleam security for the unpaid balance of said debt, Mortgagee may accelerate payment tbereofi®ediatety. g. Than if Mortgagee shall hold another mortgage or Ifs on said property, a default under such other n rtgagc or lien Audi constitute a default under this mortgage also. Any defantt coder this mortgage shall hkewise comtimte a defiult under such other mortgage or lien If foreclosure proceeding[ under any mortgage or Gees (whether held by Mortgagee or another) affecting said prop" are instiaaed, this shall constitute a defndt under this mortgage. 9_ That Mortgagee nay forbear to enforce default under elms nonage and said mote, or either. or may extend the time for payment of any nonry secured hereby or may cake other or additional security and my deal directly with any owner of said property in all respect panning to this mortgage and said note, or either, without notice to or ehe tuna mt of any person Gable under this mortgage and said one, or eltba , and —&o n discharging or affecting eta liability of any person liable wrier this mortgage and said rote, or either_ n�o.,a:a.ayon.vrrs>d+ra. u.�•maeo (so)-i SW vaneruMW2 OR B.K 00511 pG 1156 E3(IlBPP "A" !Lto7, 8 and 9 of Block 147, OKEECHOBEE, accordingto theplat thereofrecorded inPlat Book , public records of Okeechobee County, Floridann0 V` BEG at the Northeast comer of Lot 9 of Block 147, OKEECHOBEE, according to the plat thereof r in Plat Book 5, Page 5, public records of Okeechobee County, Florida, and run Southwes ong the East line of said Lot 9 to the Southeast comer of said Block 147; thence run Southw to the Northeast coiner of fractional Block 148 of said plat of Okeechobee; thence run E the Easterly extension of the North line of said Block 148, to the Western shorelineofTayl thencerunNortheasterly, along saidWestemshorelmetotheintersection with the EasterlyexonoftheNorthlineofaforesaidLot9;thencerunWest,alongthe extended North line of said Lot 9-4p the POINT OF BEGINNING. D 0 V'--1 l� MORTGAGE NOT$ 110,000.00 Okeechobee ,Florida June 27th, 2003 FOR VALi MREG4+ M, the undemiped, (julaft and severally, if mote gun one) ptoednet to pay to FRED B. CAGLE or order, is the maoaer hereinafter specW4 the principal sum of ONE 'PEN THOUSAND AND - - - - - - - - - - - - - - - -NO 1100 DOLLARS (t 1 00.00 ) with interest. from dabeatthe rate or -0- per cent par amtmt on the bakosm from then to time remaining�tdprlaipdand intraestahanbepaysbkfohwfitlmoney oftheUnited Sro2sofAmaicsae Poet Of Sox 1033, Inverness, FL 34451 or u such plots u�dqt e derigrared by writleamotice from to holder m the maker hereof; co the date pod n the mama lblbwmg Payablenthly installments of $15,000.00 each commencing on the 27thJuly, 2003, and a final installment on the 4th mouth in the amof $65,000.00. THIS NOTE MAY ��$REPAID IN WHOLE OR IN PART AT ANY TIME WITHOUT PENALTY. 0" 0 This nota with iataest is secured by a mortgage on real estate, of even date herewith, made by the maker hereof in favor of de said payee. and shag becom kwd and adorced socording to the laws of the state of Florida 1f default be made in the payment of nay of the suns or lamest rrem5omed herein or in said mortgage, or in the pertmrunce of any of the agmements contained benon or in said mortgage, then the suite principal am amd aacmed interest shall at the option of the holder bamof become at once doe and collectible without notice, time be mg of the emoom Pod said principal sum and accrued interest shall both beer interest ffm such time until paid at de bfghad rate allowable unda the laws of the State of Florida Flare to txerwe this option shag not constitafe a waiver of the rigbtto cmtciw the same m the event ofaoy subsequent de&WL Faeh panne liable bertm whether maker or endorser, hereby waives prewar VIA, Protest, =ricer nonce of Protest and notice of dia- bmtm and sum m pay all cossts, including a reasonable attmoWs fee, whether aft be brought or not, if, after maturity of thin note or default berainder. mumdes said mortgage, cmmsd shall be employed to eolleetihis note or to Prot the secanty ofsaid age. Whenever used Meese the terms "holder". `make' and "payee" shall be comtfed in the singular or plural as the eomi xt may reqube m admit Make's Address DAVID NBNSZ 2085 S.B. 4th Street ,—J$\\,/\j Okeechobee. FL 34974 if T ANITA (Seal) �A N UNEM-CA LE1 t.comaaWAooiystr sra®•t.s. 2M (as)7ai55.. ra FMQ?-r a= Real Estate Mortgage . Page 2 OR UK 04811 PG 1154 10. the reuN, profits, mcomr issues and revenues of said property (incd>fas any l IvoPony bated thereon or *=in) we assigned Anther security for the payment of the debt sec)aed hereby with tie right (hot no duty) on rhea part of lkr%gm so demand W receive and ou said debt at any time after a ddkntt hereunder. If suit is instituted to foreclose or rd brm this mwtpee or to determine the validity err Mortgagee shall be emided to appointment of a receiver pendento lift without notice for sod properly and of sn rats, incoulk pso&b, runes memx theaot It is ewamted and agreed that the court sball forthwith appoint a sccdva of said poperty and of such rents, iocoor, and revs ms. Such %VDiomomt shell be ande as a nutter of strict right to Mortgagee wimnm reference to t o adequacy or badegmcyoftbe paopatyhereby mostgagedor10the solvmcy- insolvency ofMmtPgar. I1. That if arias innyw1ang said Oats and this mmtgag , or claw wherein Mortpgee imum any casts (regardlaa of whether of not legal Proceedings are or if any action or proeee 11 (mclading appeitate procdedbnga) shall be maintained by any pavon other that Mm*gw wherein Malgape, is . sit wri, s mcmred by Motpgee to prosecute or defend the rights created by this modpp and said vole, or dine, together with fors and costs, whether sate be rendered for negofiatiom, trid or app& m work, sbait be paid by Mortpgor. 12. That if acy hereby is not fully paid within THIRTY (3 0) days after it becomes dm or if say covenant or agreement of sdd now and this or either, is 6oeach4 Matgagea sbait bave the option to 9=1crato PeYnva of me attire Prbeipal and any other money secured hereby as • due and payable without notice. rime is of the msonce of this message. Any paYrorat made by Moctpgm under inragnPhs 3. 4, 5, or I I shall rt do maxl®m arm fin es nes the dam of payment and sball be saved by this mwtpp. No waiver of or Mum to enlace any dchult or .= this tmripge and sold note, or timer, sball constitute a waives of mW subsequent default or of the rerun of itberiffiuntvent. If there is any O&bcwm the tans of this mortpge and said note, the terms of this mortgage sbait pmva0. In Witness Whereof, the hereunto wit thdrhandsand seals the day and year fnstabove writtem Signed, sealed and delive in our � o (Sear 8VA 14AB CONELY DAVID Nth JR. Witness P.O. 2035 S.S. 4th Street. Okeecheba, FL 34974 ANITA 8. NUNEZ (fin P.O. Address: 2095 s.S. 4th street, Okewbo4 1+I.34974 STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was aclmow)edpd befom me skis 27th day of June , 2003 by DAVID NONEZ, JR. and ANITA S. NDNEZ, hie wife who au personally known to m EVA ME CONRLY Notary Public My CommissionExpires: 12 / 12 /04 NUNEZ-CAGLEI EVAMAEC0 aY t MYCObUAISM111CC9B0507 • ExptpEsoseesortz�o4 4� t. • eawa +mam,turaw.s.s 1 r�amvidyaosynem,mu�, moo (asr)7ar-ssss mromemsr.>ta-z ME NAME --------------------- OWNADDRI ------------------------------ OWNCITY -------------------- OW -- OWNZIP --------- SUAREZ JERRY W 3679 NW 6TH AVENUE OKEECHOBEE FL 34974 ABC PROPERTIES, LTD PO BOX 593688 ORLANDO FL 328590000 AZBLUE LLC 1265 SE 21ST STREET OKEECHOBEE FL 34974 AZTECA #3 INC 605-625 EN PARK STREET OKEECHOBEE FL 349720000 AZTECA #3 INC 605-625 EN PARK STREET OKEECHOBEE FL 349720000 AZTECA #3 INC 625 NE PARK STREET OKEECHOBEE FL 34972 BREWER KAY CARRINGTON & MARIAN 201 NE 8TH AVENUE OKEECHOBEE FL 349720000 BROWN JENNIFER ANN, ETAL BOX 64, SPEDDEN BROWNING T R 8 ACCESS RD BHR OKEECHOBEE FL 34974 BROWNING T R 8 ACCESS RD BHR OKEECHOBEE FL 34974 BURDESHAW KEVIN W & CAROLYN J 602 NE 3RD ST OKEECHOBEE FL 349724575 BURK DONALD L 200 NE 6TH AVE OKEECHOBEE FL 349724581 CONRAD BRUCE F & LOUISE E 210 NE 8TH AVENUE OKEECHOBEE FL 349724504 CROSS STELLA H & LUSTER BILLY 1307 S PARROTT AVE LOT # 62 OKEECHOBEE FL 349740000 ELARDI DOREEN 203 NE 8TH AVE OKEECHOBEE FL 349724506 FANTOZZI EDNA MAE & GAINER FOR 204 NE 8TH AVE OKEECHOBEE FL 34972 GRAY JEROME M SR & IRENE K & GRAY JEROME M JR OKEECHOBEE FL 34972 209 NE 8TH AVENUE GREEN HARLEY M & DOROTHY L 209 NE 7TH AVE OKEECHOBEE FL 34972 JOE LOUIS LAWSON CONSTRUCTION LAWSON MASONRY & CONST CO 1190 QUEEN STREET TITUSVILLE FL 327804464 JORDAN CECIL E & BETTY JO KOENIG MATHIAS C & ELAINE L 212 NE 8TH AVENUE OKEECHOBEE FL 349720000 (LIFE ESTATE)107 NE 8TH AVENUE OKEECHOBEE FL 34972 LEANDER JOHN W JR 300 NE 8TH AVENUE LIGHTSEY RICK A & BONITA B 502 NE 6TH AVENUE LIGHTSEY RICK A & BONITA B 502 NE 6TH AVENUE LIGHTSEY RICK A & BONITA B 502 NE 6TH AVENUE LIGHTSEY STEWART R & MARY K TR 700 NE 4TH ST OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE FL 34972 FL 349720000 FL 34972 FL 34972 FL 349722644 NAME ------------------------------ OWNADDRI ------------------------------ OWNCITY -------------------- OW -- OWNZIP --------- PADGETT STEVE ALLAN, ETAL. 205 NE 6TH AVE OKEECHOBEE FL 349724581 PEACOCK DANNY R & DEBBIE L 205 NE 7TH AVENUE OKEECHOBEE FL 34972 RAYA LIDUVINA 310 NE 7TH AVENUE OKEECHOBEE FL 349720000 ROWNEY ROBERT J & BEVERLY 620 MARYLAND AVENUE OTTAWA IL 613500000 ROYALS 0 K LUNCH INC 324 SW 16TH ST BELLE GLADE FL 334302824 RYAN JO ANN M & FRANK 105 NE 8TH AVE OKEECHOBEE FL 349720000 SMALL EARL & MARY 112 NE 8TH AVENUE OKEECHOBEE FL 34972 SOUTHERN MANAGEMENT CORP 324 SW 16TH ST BELLE GLADE FL 334302824 TINSLEY GAIL I 208 NE 8TH AVE OKEECHOBEE FL 349720000 TOVAR MAURO 9256 SE 62ND DRIVE OKEECHOBEE FL 34974 WINDHAM CARL LEE JR P O BOX 2743 TALLAHASSEE FL 323160000 58 records selected. October 21, 2008 Anita Nunez 610 North Parrott Ave Okeechobee, FL 34972 863-467-0611 RE: Finding required for granting a rezoning or change in land development regulations 1. The proposed rezoning is not contrary to the Comprehensive Plan requirements. 2. The proposed us 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, it 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 of 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. Thank You, Anita Nunez 7461' aY 2eo Ak� Me, 6 R -C/o 71 A t �vd e 0 S7� Off 4 IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. CONSIDER PETITIONS AND APPLICATIONS. A. Petition No. OB-009-R: Gianinna Mitchell, applicant and property owner, Request to change zoning designation from RSF to CHV for property, located at 909 SW 2nd Avenue- Planning Consultant, B. Petition No. 08-010-R: David and Anita Nunez, applicant and property owners. Request for change of zoning designation from H and RMF to CHV for property located on NE r Avenue - Planning Consultant. NOVEMBER 12, 2008 PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS- PAGE 2 OF 3 IThere were none. Mr. Brisson presented the petition and the Staff recommendation of approval stating the property is consistent with the Comprehensive Plan Use Categories and Plan Policies. There was no one present to represent the applicant. Chair Maxwell opened the Public Hearing and inquired whether there were comments from the public? There were none. Secretary Clement reported receiving a telephone call from James Wayne Burton, 914 SW 2nd Avenue, requesting to limit the rezoning to CLT, Board Member O'Connor stated he had received a call from Mr. Burton requesting the same. Chair Maxwell then closed the Public Hearing and requested discussion from the Board. After brief discussion, Member Burroughs moved to find Application No. 08.OWR consistent with the Comprehensive Plan and recommend approval to City Council to change zoning designation from RSF to CHV; seconded by Member Hoover. VOTE MAXWELL-YEA HOOVER -YEA KELLER-YEA BURROUGHS-YEA MORGAN-YEA O'CONNOR-YEA MCCOY - YEA MOTION CARRIED. Application No. 08-009-R final hearing will be December 2, 2008 before City Council. Mr. Brisson presented the petition and the Staff recommendation as being complicated. Staff feels this rezoning should be CLT to be consistent with the Comprehensive Plan. Chair Maxwell asked whether the applicant wished to address the Board? Anita Nunez, 610 N Parrott Avenue addressed the Board and maintained her request for CHV zoning stating she felt it was consistent with the surrounding land use. He then opened the Public Hearing and inquired whether anyone from the public wanted to be heard. Mr. and Mrs. Brown, 109 NE 8' Ave both addressed the Board and were opposed to the commercial rezoning. NOVEMBER 12, 2008 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 3 OF 3 r .r^�':•;,. ., dpC�. -, �:..,c°,?;_,•,•...., ,� r ��a ., �.P'i r:A`+z'"�J s�K:��,�a„ i.g%..;'iT :� ;;•^..' ,pf �L/fM�E! .�'i`,•a.-� "° :�y-"'";, 11 .. .A�!'} . i..,/y. "R��: ., i.i'YY,,;'�„^.,j;, '. x•����'�9 I,� �' i,X,'E�.�a.:. .:.. '�. �'�� y �, .''�.:�.�I V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED, B. Petition No. 08-010-R-continued. IV. NEW BUSINESS A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by thr Planning Board/Board of Adjustment and Appeals with rasped 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 verbatim record of the proceedings is made, which record includes the testimony and evidence upon whid the appeal is to be based. General Services media are for the sole purpose of backup for official records o the Department. Devin Maxwell, Chairpersor ATTEST: Betty J. Clement, Secretary Chair Maxwell closed the Public Hearing and requested discussion from the Board. After lengthy discussion Member Burroughs moved to find Application No. 08.010-R consistent with the Comprehensive Plan and recommend approval to City Council to change zoning designation from H and RMF to CHV; seconded by Member O'Connor. VOTE MAXWELL-YEA HOOVER -NAY KELLER-YEA BURROUGHS-YEA MORGAN-YEA O'CONNOR-YEA MCCOY - YEA MOTION CARRIED. Application No. 08.010.R final hearing will be December 2, 2008 before City Council. III There were no additional proposed amendments to the LDR's submitted. LaRue Planning & Management Services, Inc. C'el I C= iizr�01 1111 [o I itft- Staff Report Applicant: David and Anita Nunez Rezoning Request Petition No.: 08-010-R General Information ln1l tl, f _" �.yy,..•.,.:..,,.rha.}l+st�vaFSY�.��'Sd�v�..,y_s{:: r �'' ...r :t.� � vC'.. -rrCb'A}}.�-. � -: ....3XWa _' .. �•.^,: `".. �=ice �•�.. '.�..: :..:: +�. =.. ail Address<=�_sYz�•_. �� �x� ,-.� , '� "�3f1"�•,5�_e 7 J^^.tea tT �f'{ j a, .71 wral Location: NE 7t' Avenue Legal Description: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTHERLY EXTENSION OF THE EAST LINE OF BLOCK 147 AND THE SOUTHEAST CORNER OF LOT 12 IN BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND RUN SOUTHWESTERLY ALONG SAID NORTHERN EXTENSION OF THE EAST LINE OF SAID BLOCK 147, TO THE INTERSECTION WITH THE CENTERLINE OF NE 3RD STREET (FORMERLY NINTH STREET), ALSO BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND AS DESCRIBED IN O.R. BOOK 405, PAGE 664, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTHWESTERLY ALONG SAID EXTENDED LINE, TO THE NORTHEAST CORNER OF LOT 1 IN SAID BLOCK 147; THENCE CONTINUE SOUTHWESTERLY ALONG THE EAST LINE OF SAID LOT 1 AND THE SOUTHERLY EXTENSION THEREOF, TO THE NORTHEAST CORNER OF LOT 9 IN SAID BLOCK 147; THENCE RUN EAST, ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 9, TO THE WESTERN SHORELINE OF TAYLOR CREEK; THENCE RUN NORTHEASTERLY, ALONG SAID WESTERN SHORELINE, TO THE INTERSECTION WITH THE EASTERLY EXTENSION OF THE AFORESAID CENTERLINE OF NE 3RD STREET, ALSO BEING THE SOUTHEAST CORNER OF SAID LAND DESCRIBED IN O.R. BOOK 405, PAGE 654; THENCE RUN WEST, ALONG SAID EXTENDED CENTERLINE AND ALSO ALONG THE SOUTH BOUNDARY LINE OF SAID PARCEL OF LAND TO THE POINT OF BEGINNING. AND: Staff Report Rezoning Request Applicant: David and Anita Nunez Petition No. 08-010-R LOTS 6, 7, 8, AND 9 BLOCK 147, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND: BEGINNING AT THE NORTHEAST CORNER OF LOT 9 OF BLOCK 147, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND RUN SOUTHWESTERLY, ALONG THE EAST LINE OF SAID LOT 9 TO THE SOUTHEAST CORNER OF SAID BLOCK 147; THENCE RUN SOUTHWESTERLY TO THE NORTHEAST CORNER OF FRACTIONAL BLOCK 148 OF SAID PLAT OF OKEECHOBEE; THENCE RUN EAST, ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID BLOCK 148, TO THE WESTERN SHORELINE OF TAYLOR CREEK; THENCE RUN NORTHEASTERLY, ALONG SAID WESTERN SHORELINE, TO THE INTERSECTION WITH THE EASTERLY EXTENSION OF THE NORTH LINE OF AFORESAID LOT 9; THENCE RUN WEST, ALONG THE EXTENDED NORTH LINE OF SAID LOT 9, TO THE POINT OF BEGINNING. Background: The applicant is requesting that this 1.73-acre property be rezoned from RMF and Holding to CHV to allow a commercial development as part of a larger shopping and entertainment complex involving the 1.02-acre piece to the south and the 1.5-acre Suarez property to the north, which was recently the subject of a Small Scale Amend- ment and rezoning to CLT. The total project will therefore encompass about 4.25 acres. It is possible another 1.4 acres separating the Nunez properties and the Suarez property may be acquired and included in the ultimate development, potentially increasing the overall project to about 5.64 acres. 2 Staff Report Rezoning Request Applicant: David and Anita Nunez Petition No. 0&010-R -- -- - Adjacent Future Land Use -Map Classifications and Zoning Districts - -- ---I east: anc TUsey _=. r =Te,. '" �• A.,.,, y.,:. _ ten.. - _ �_ t_a�fion` a ffiE I - _ �'..ri...,. - .• `� •a a z_+,r ft:. i:•. - BIMINI ,West: I and.,uio 1. 1=xisti :g `Land --Use Section 70-340 sets forth the following criteria to be considered in acting upon a petition to rezone property. The Applicant has not addressed these criteria in the application submission and therefore will need to address these considerations during his or her presentations. Following are the Staffs comments: 3 Staff Report Rezoning Request Applicant: David and Anita Nunez Petition No. 08-010-R 1. The proposed use is not contrary to Comprehensive Plan requirements. The CHV Zoning District is consistent with a Future Land Use Designation of Commercial and is not inconsistent with any requirements of the Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The proposed uses are contained within the list of permitted uses in the CHV zoning district. 3. The proposed use will not have an adverse effect on the public interest. Given the fact that this property is to be used in connection with the recently rezoned commercial property which adjoins its northeastern boundary, as well as the property to its immediate south, the cumulative impacts of the entire commercial development will need to be assessed. Possible adverse impacts of this development may occur as a result of increased traffic at the intersection of NE 7t' Avenue and SR 70, and/or increased traffic along neighboring residential roadways, as well as noise or other potential impacts upon nearby residential uses. However, the intensity of the development will be specifically considered during the site plan review stage of the development permitting process. 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 City has already approved the Small Scale Development Activity (SSA) amendment to Commercial; therefore, commercial zoning is the only type of zoning that would be compatible with the Comprehensive Plan. The issue now facing the City is the type of commercial zoning that would be compatible with surrounding land uses. Staff is concerned that the intensity and character of a number of the uses permitted as a matter of right in the CHV district are too intensive for this area. The surrounding neighborhood is not a commercial area and should be protected from the potential impacts of intense commercial development. We realize that many of the uses permitted in the CHV district are not contemplated at this time and, in fact, are not likely to be, attractive to any future owner. However, the Applicant has shown on the most recent site plan the location of a billiard and gaming center with a outside deck indicated for use as "outdoor eating". The site plan also indicated that uses in the development would be open from 8 AM to 12 PM. Under the CHV zoning, the billiard and gaming center could include a restaurant or nightclub or other similar use involving consumption of alcoholic beverage and musical or other entertainment that could potentially have adverse impacts upon the environment of 4 Staff Report Rezonifig Request Applicant: David and Anita Nunez Petition No. 08-010-11 those living in the mobile home park on the other side of Taylor Creek. Such uses could also result in- increased traffic through the residential area to the west during late night hours. Consequently, Staff is reluctant to suggest that the proposed rezoning to CHV is compatible with adjacent and nearby land uses. Rather, Staff believes it would be more appropriate to rezone the property to the CLT zoning district. This district would allow the office and retail uses proposed by the Applicant Further, commer- cial indoor recreation, restaurant, cafd, nightclub, docks and piers are all allowed as special exception uses in the CLT district. As special exception use, the City would have the authority to attach conditions such as hours of operation, limitations on outdoor activities such as amplified music, and other such conditions that may be necessary to protect nearby residents and the adjoining neighborhood. 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. The Staffs concems associated with the preceding item apply in this instance. Unchecked, a number of the uses allowed as a matter of right in the CHV district could adversely affect both property values and living conditions on adjacent and nearby properties. Staff does, however, feel if the property is rezoned to CLT, the Special Exception process can sufficiently protect nearby properties in particular and the neighborhood in general. 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 While Taylor Creek provides a degree of physical separation from the mobile homes located to the east, physical separation alone may not be adequate. This, again, is a reason the Staff feels that CLT zoning is preferable. The Special Exception classification of some of the uses that would otherwise be allowed out- right under the CHV district provides for attaching conditions that may be neces- sary on this particular site. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. While density will not be an issue, the intensity of development on the site and the other properties associated with the overall development as proposed, will need to be considered, particularly as regards the levels and distribution of traffic attracted to and leaving the site. Staff Report Applicant: David and Anita Nunez Rezoning Request Petition No.: 08-OIG-R 12 '01 FUTURE LAND USE NUNEZ PROPERTY AND ENVIRONS alx NE 2nd St. (c� FUTURE LAND USE Nunez site SINGLE - FAMILY MULTI - FAMILY 300 0 COMMERCIAL 300 600 Feet 7 Staff Report Rezoning Request Applicant: David and Anita Nunez Petition No. 08-010-R" 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No traffic analysis has yet been submitted. However, Staff is working with the representative of the Applicant to ensure that a complete traffic impact analysis is conducted for the entire project, not just this one portion. Flooding and drainage considerations will also have to be addressed during the site plan stage. During its initial review of the Applicant's site plan for this particular portion of the overall project, the TRC required that the Applicant submits its drainage calculations and plans to the SFWMD to ensure that it is effective in addressing stormwater, drainage, and water quality issues. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The property is not inordinately burdened by unnecessary restrictions. Based on the foregoing analysis, Staff would recommends that the request for CHV zoning be denied. Alternatively, Staff recommends approval of a rezoning to CLT. Submitted by: James G. LaRue, AICP October 31, 2008 Planning Board hearing: November 12, 2008 Council Hearing: December 2, 2008 Attachments: Future Land Use Map Zoning Map County Property Appraiser's Aerial 0 Staff Report Applicant: David and Anita Nunez Rezoning Request Petition No. 08-010-11 ZONING NUNEZ PROPERTY AND ENVIRONS %*E .` �F; R F. Rail F RMF L ! NE 2nd St. (raper street) ZONING Nunez site CHV CLT 0 RSF1 300 0 300 600 Feet n. .k-3A2M -1Y3 I Hd#S904d01 •MIMIIIA A INIOd 3 L 01 -6 101 OILS A 31111 MINOR 0303IK3 NJ SWIM '" AM MM 13 I01 011SUM A 3Y11 N/NA 3N( A MIO1S131q 113ISV3 3N/ NIIM IWI173513I.1 3NI OI '3N1131MM M131SA III IN" '4 WIP311NM1 MIN 3"1 :1)3M1 NOLYI A 3N11AMM MI31S30 IN1 III 3tl MO 1 OI VS A M11 ULMI 3111 A IWISN3113 11115V3 ill SWp -1"13 MW MUNI :33MIIW3310 A Mid OIVS A MI 1W01 1PM01171NI A N3.IO7 ISV3MINM1 311 Ol /11 "DWIMS IN 1M1 W :I 11701M OIA A "MOJ IS1311O05 31I III a 101 01'M A 31111 lu3 3N3'AMIN 3Y31S3MUWS Unit Ol. 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RESOLUTION NO. 08-10 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING RESOLUTION NO.98-09, APPENDIX A OF THE CODE OF ORDINANCES, WHICH ADOPTS AND ESTABLISHES ADMINISTRATIVE FORMS FOR USE IN CONJUNCTION WITH THE LAND DEVELOPMENT REGULATIONS; WHICH INCLUDE FORMS AND PROCEDURES FOR INCLUSION IN PETITIONS FOR REVIEW FOR LAND USES, DEVELOPMENT ACTIVITIES AND RELATED PETITIONS, AS PERMITTED BY THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR CHANGES TO FORM 7 TEMPORARY USE PERMITS, FORM 8 SIGN PERMITS, FORM 9 PRELIMINARY MINOR SITE PLAN REVIEW, FORM 10 FINAL MINOR SITE PLAN APPROVAL, FORM 11 PRELIMINARY MAJOR SITE PLAN REVIEW, FORM 12 FINAL MAJOR SITE PLAN APPROVAL, FORM 15 SUBDIVISION PLAT MODIFICATION PETITION AND FORM 16 ABANDONMENT OF RIGHT-OF-WAY PETITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, adopted a unified land development code to create land use designations throughout the City with related regulations and procedures associated therewith; and WHEREAS, the City of Okeechobee, Florida, adopted by Resolution No. 98-09 regulations which require the creation and implementation of forms, rules, procedures, fee schedules and related information to assist in the implementation of the Land Development Regulations; and WHEREAS, the City of Okeechobee, Florida, determines that the forms and regulations established are in need of modification due to various changes in the process of such petitions and applications. NOW, THEREFORE, be it resolved before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by a majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. THAT, specific forms of Resolution 98-09 are amended as follows: Form 7. TEMPORARY USE PERMIT 1. Application Contents - no change. 2. Processing Temporary Use permits are processed as follows: a Applicant submits application to General Services Department. b Administrator reviews application, initiates processing. c . Application is reviewed for aDDroval or denial by City Staff. If the application is approved, appropriate conditions may be attached to the permit. Form 8. SIGN PERMIT 1. Application Contents - no change. 2. Processing Sign permits are processed as follows: a Applicant submits application to General Services Department. b Administratep, eb Planning Board . .. meeting, and renders final deeision on applieation. Application is reviewed for aDDroval or denial by the Citv Buildina Official. If the application is approved, appropriate conditions may be attached to the permit. Page 1 of 3 Form 9 PRELIMINARY MIN SITE PLAN REVIEW 1. Application Contents Preliminary mine sSite plan review applications shall be submitted on the appropriate application form and comprises the following: a Petitioners name, address, phone number. b Property survey and location map. c Preliminary site plan or site development plan. d Statement of use. e Surmlementary supporting information. f d Application fee. 2. Processing Preliminary rnime sSite plan review applications are processed as follows: a Applicant submits application to General Services Department. b Administrator reviews application, initiates processing. c Technical Review committee reviews application and prepares reports for either approval, approval with conditions and recommendations or denial with report for recommendations. Final rniner site plan approve' applieations shall be submitted on the appropfiate followinge Froperty stirvey and leeation rnap.- z development • Final miner site plan appi oval applieation are proeessed as follows. ::: s Administratetteviews; ; ; TG -- -- - ---- -- - - applieation - - - % eendetmens aftd-reeurrii-ricAJotions for review by Plal-w.11-Ig Board. rrelffirminary major site plan review applieations shall be submitted on the approp, application form and-tx the fellew' i roperty• _ & Applieant submits application to Genera' Serviees Department. d'l 11on to eat! rlanHng Board holds publie meeting, forwards E)otr, F - elffirnimary site plan or site development plan.- 0 C-itj:, r/iblie meeting, renders final decision on petitiort Page 2 of 3 a r U:i �-,arr.6, &ddress, rroperty sti y and loeation map. r • c Ctc`l. t f Cu 9 2. Processing Final c,;!.ase & ices C,;Na,10-oar v Adlllii7i5Yi-a tar reviews applueation, initiates preeessing. c Taclmiral Roy' eondffions and Ial rla,),iing Board. d Dozy, , tb Form 14 PRELIMINARY SUBDIVISION SKETCH OR PLAT REVIEW See La,3J Subdivisions of Subsection B of the, Code of Ordinances. Form \Y4 FINAL SUBDIVISION PLAT APPROVAL See Land DevelviproeriiChapter 86 Subdivisions of Subsection B of the. Code of Ordinances. Forme ABANDONMENT OF RIGHT-OF-WAY PETITION Application Contents Abandonment of right-of-way petitions shall be submitted on the appropriate application form and comprises the following: a Petitioner's name, address, phone number as well as any other property owner whose property is contiguous to the right-of-way b State of interest in property. c Location map and dimensions of right-of-way to be abandoned. d Site plan of property after abandonment of right-of-way. e Statement of reason for City to abandon right-of-way. f Supplementary supporting information. g Application fee. 2 Processing Abandonment of right-of-way petitions are processed as follows: a Applicant submits petition to General Clerks Office for review. b Administrator reviews petition, initiates processing, issues notice of public hearing. c Technical Review Committee review application and prepares report with conditions and recommendations for review by Planning Board. d Planning Board holds public meeting, forwards advisory recommendation to City Council. e City Council holds public hearing, renders final decision on petition. SECTION 4. This Resolution shall take effect January 1, 2009. INTRODUCED AND ADOPTED in regular session this 18th day of November, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 3 of 3 NOV 107N AGENVA - FXN/8/T NO. `% RESOLUTION NO. 08-11 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING THE SCHEDULE OF LAND DEVELOPMENT REGULATION FEES AND CHARGES, APPENDIX C, ESTABLISHED WITHIN THE CITY FOR APPLICATIONS AND PETITIONS AS PERMITTED UNDER THE LAND DEVELOPMENT REGULATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, adopted a unified land development code to create land use designations throughout the City with related regulations and procedures associated therewith; and WHEREAS, the City of Okeechobee, Florida, adopted by Resolution No. 98-11 and amended by Resolutions No. 00-09 and No. 08-09, a schedule of fees and charges pertaining to applications, petitions, reviews, and appeals before the City Council, Planning Board, Board of Adjustment, and other boards and committees, as deemed appropriate; and WHEREAS, the City of Okeechobee, Florida, determines that the fee schedule set out in Resolution 98-11, as amended, requires an adjustment, and that such adjustment would make the schedule uniform and set out a fair and equitable rate for the citizens of Okeechobee. NOW, THEREFORE, be it resolved before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by a majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. Fees and charges listed below pertain to applications, petitions, reviews and appeals before the City Council, Planning Board, and Board of Adjustment- , Technical Review Board. Code Enforcement Board, and Desian Review Board. They shall be paid at the time of application filing. It should be noted that in addition to the below application fees, additional fee's for various other inspections or Permits may also be applicable. When the cost of advertising, publishing and mail 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. The Citv shall notify the aDplicant as timely as Dossible when additional fees or costs have been incurred. A final invoice, for balance due. will be mailed to the applicant followina the final hearina should additional fee's be incurred over the fee or charge listed below. Reaardless whether the aPplicant Personallv submits the application or Petition, or it is submitted throuah an agent, it is understood that if anv fee's or costs remain unpaid following the final bill, the Citv shall Place a lien against the subiect real Drooerty for such amounts until Paid in full. Fee Schedule: 1. Comprehensive Plan Amendment: a. Large Scale Future Land Use Map Amendment ................ $500.00 $4.000.00 plus $30 Der acre b. Text Amendment(s)...................................... $500.00 $2.000.00 c. Small Scale Future Land Use Map Amendment .................. $500.00 $850.00 Dlus $30 Der acre Page 1 of 3 2. Land Development Regulations Amendment ................................ $500.00 3. Zoning District Boundary Change (Rezoning) ....................... $500.00 $850.00 plus $30 per acre 4. Appeal of an Administrative Decision $425.00 5. Variance Petition ............................................. $250.00 $500.00 6. Special Exception Use Petition .................................. $250.00 $500.00 plus $ze 30 per acre 7. Temporary Use Permit.................................................$175.00 a. Submitted by charitable or non-profit associations if they qualify as a religious, charitable, or non-profit association under section 501(c)(3) on the Internal Review Code, ,City Administrator has authority to waive the fee. $00.00 tMinor Site Plan Review ......................... $500.00 $1.000.00 plus $30 per acre 10. ri�°rai-fdkrrer �+Plan Approval ......................................... $425.00 piu.3 $30 per -mere 11. r r Cctc r!an R.:;, ..................................... $500.00 plus $30 per acre 12. rirrai- Major -Site I r Reviev#...................................... I ... $�500OO pitis $30 per acre 9. Pre -Application Subdivision Plat Review .................................... $400.00 Dlus $30 per acre 4-310. Preliminary Subdivision Slketeh or Plaft Plat Review ........................ $500.00 plus $30 per acre 4-411. Final Subdivision Plat Approval ............................. $500-66 $1,0 OM plus $30 per acre -1-512. Subdivision Plat Modification .......................................... $200.00 plus $30 per acre 4613. Abandonment of Street and/or Alley Aerie,, r;--c;: $125-6e rcc: sr1'$0O $600.00 4-714. Reversion of Subdivided Land to Acreage ................................ $200.00 plus $30 per acre "15. Development of Regional Impact ............................. $3,000 00 $5.000.00 plus $30 per acre +916. Development of Significant Environmental Impact $� 50-00 $2,000.00 plus $30 per acre 2017. Engineering Services ............................. Amount of Invoice Billed to City. Page 2 of 3 It is understood that the City cannot determine in advance on applications filed by applicants under this section whether the application will have to be reviewed and/or approved by the engineering firm retained by the City, in addition to any review provided by the City Building Official, Department Head or other City personnel. If required, the approval or review must be made by the engineering firm on retainer with the City at the time of submission of the application. Therefore, in the event such additional engineering fees and charges are incurred in the processing and approval process of the application, such fees and charges, as set by the existing contract between the City and the engineering firm, will be assessed to and paid by the applicant, which shall be considered in addition to any application fees, charges or assessments for the services provided by Resolution No. 98-11, and as amended. The City shall notify the applicant prior to incurring such engineering fees and charges, to afford the applicant the opportunity to determine whether it is feasible to proceed with such application in light of such additional costs. No applieation that ryas i Without . Plannina Consultant Services Amount of Invoice Billed to Citv r It is understood that the Citv cannot determine in advance on applications filed by applicants under this section the full extent as to how much the application will have to be reviewed and/or approved by the Dlannina consultant retained by the Citv. in addition to anv review Drovided by the Citv Buildina Official. Department Head or other y Cit_ Dersonnel. If reauired. the aDDroval or review must be made by the Dlannina_ consultant on retainer with the Citv at the time of submission of the application. Therefore, in the event such additional Dlannina consultant fees and charaes are incurred in the Drocessina and approval process of the aDDlication. such fees and charaes. as set by the existina contract between the Citv and the consultant. will be assessed to and paid by the aDDlicant. which shall be considered in addition to anv aDDlication fees. charges or assessments for the services Drovided by Resolution No. 98-11. and as amended. SECTION 4. This Resolution shall take effect January 1, 2009. INTRODUCED AND ADOPTED in regular session this 181h day of November, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 3 of 3 NOV 19'AGfNDA - EXHIBIT NO. W RESOLUTION NO. 08-12 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING AND REQUESTING THAT THE ISSUES DENOTED HEREIN BE INCLUDED IN THE LEGISLATIVE DELEGATION TO THE FLORIDA LEGISLATURE FOR THE 2009 LEGISLATIVE SESSION. WHEREAS, the City of Okeechobee Council is requesting that the Delegation introduce and support the requests made on behalf of the City, the County and Okeechobee Utility Authority (OUA). NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1. That the City of Okeechobee urges Governor Charlie Crist and members of the Florida Legislature to support legislation during the 2009 legislative session that: • Canal Clean Up Program • Stormwater Retrofit • Municipal Building Improvements Support of OUA of Community Budget Issue Request Wastewater Collection and Treatment Initiatives • FDOT Signalization(Intersection Improvements S� �0 W Section 2. That a copy of this Resolution shall be provided to Governor Charles Crist, and members of the Florida Legislature. INTRODUCED AND ADOPTED in regular session this 18th day of November. 2008. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor Page 1 of 1 NOV 197" AGENDA - EXHIBIT NO. q RESOLUTION NO. 08-13 WHEREAS, the City Council of Okeechobee, Florida has received the canvassed returns of the City General Election held November 4, 2008; and WHEREAS, James Kirk and Mike O'Connor received the highest number of votes for City Council Members. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: That, James Kirk and Mike O'Connor be, and they are hereby declared elected as City Council Members, and shall hold office for four (4) years from the first Monday in January following the City General Election and until their successors are elected and qualified as provided by the City Charter, Section 10. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby instructed to issue and deliver Certificates of Election to each of the above named persons. INTRODUCED AND ADOPTED in regular session this 181" day of November, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Election Summary Report 2008 General Election Okeechobee County. Fl November 4, 2008 Summary For Jurisdiction Wide, All Counters, All Races OFFICIAL RESULTS Registered Voters 18859 - Cards Cast 12902 68.41% 1 President Number of Precincts Precincts Reporting Times Counted Total Votes McCain/Palin ObamaBiden LaRiva/Puryear Baldwin/Castle Amondson/Pletten Barr/Root Stevens/Link Harris/Kennedy McKinney/Clemente Keyes/Rohrbough Nader/Gonzalez Moore/Alexander Jay/Smith Write-in Votes Total 18 18 100.0 % 12902/18859 68.4 % 12838 REP 7560 58.89% DEM 5108 39.79% PSL 5 0.04% CPF 11 0.09% PRO 1 0.01 % LIB 28 0.22% OBJ 3 0.02% SWP 1 0.01% GRP 5 0.04% AIP 4 0.03% ECO 54 0.42% SPF 1 0.01 % BTP 4 0.03% 53 0.41 % CongressRep#16 Number of Precincts Precincts Reporting Times Counted Total Votes Tom Rooney REP Tim Mahoney DEM Public Defender Number of Precincts Precincts Reporting Times Counted Total Votes Diamond R. Litty REP Don Chinquina DEM State Senate #17 Number of Precincts Precincts Reporting Times Counted Total Votes JD Alexander Scott K. Thompson Total ! 18 18 100.0 % 12902/18859 68.4 % 12185 7017 57.59% 5168 42.41% Total 18 18 100.0 % 12902/18859 68.4 % 11779 7175 60.91% 4604 39.09% Total 15 15 100.0 % 10252/14840 69.1 % 9367 REP 5395 57.60% DEM 3972 42.40% Date: 11/14/08 Time:11:02:07 Page:1 of 2 Num. Report Precinct 18 - Num. Reporting 18 100.00% State Rep #79 Number of Precincts Precincts Reporting Times Counted Total Votes Mike Homer Ray O. Worley Write-in Votes County Comm#5 Number of Precincts Precincts Reporting Times Counted Total Votes Margaret Helton Elvie Posey SupJusWells Number of Precincts Precincts Reporting Times Counted Total Votes YES NO 4thDCOP Polen Number of Precincts Precincts Reporting Times Counted Total Votes YES NO 4thDCOP Stevenson Number of Precincts Precincts Reporting Times Counted Total Votes YES NO Total 13 13 100.0 % 9838/14357 68.5 % 8990 REP 4865 54.120 DEM 4116 45.78% ' 9 0.10% Total 18 18 100.0 % 12902/18859 68.4 % 12346 REP 7154 57.95% DEM 5192 42.05% Total 18 18 100.0 % 12902/18859 68.4 % 10805 7566 70.02% 3239 29.98% Total 18 18 100.0 % 12902/18859 68.4 % 10721 7425 69.26% 3296 30.74% Total 18 18 100.0 % 12902/18859 68.4 % i 10650 7352 69.03% 3298 30.97% , Election Summary Report 2008 General Election Okeechobee County. Fl November 4, 2008 Summary For Jurisdiction Wide, All Counters, All Races OFFICIAL RESULTS Registered Voters 18859 - Cards Cast 12902 68.41% 4thDCOP Warner Total Number of Precincts 18 Precincts Reporting 18 100.0 % Times Counted 12902118859 68.4 % Total Votes 10611 YES 7504 70 72% NO 3107 29.28% 019th Grp4 Total Number of Precincts 18 Precincts Reporting 18 100.0 % . Times Counted 12902/18859 68.4 Total Votes 10766 Dwight L. Geiger 6927 64.34% Fran O. Ross 3839 35.66% City Council Total Number of Precincts 4 Precincts Reporting 4 100.0 % Times Counted 1907/2734 69.8 % Total Votes 3011 Mike Earnest 591 19.63% James Kirk 834 27.70% William C. Ledferd 350 11.62% Mike O'Connor 769 25.54% Francis "Jim" Vensel 467 15.51 % Amend #1 Total Number of Precincts 18 Precincts Reporting 18 100.0 % Times Counted 12902/18859 68.4 % Total Votes 11768 YES 5267 44.760% NO 6501 55.24% "L'�tF_y'§g1Ke9449iiYC+ii.• Amend #2 ¢'1 Total Number of Precincts 18 Precincts Reporting 18 100.0 %', 68.4 % Times Counted 12902/18859 Total Votes 12433 YES 9552 76.83% 13 NO 2881 23.17% Date: 11/14/08 Time:11:02:07 Page:2 of 2 Num. Report Precinct 18 -Num. Reporting 18 100.00% Amend #3 Number of Precincts Precincts Reporting Times Counted Total Votes YES NO Amend #4 Number of Precincts Precincts Reporting Times Counted Total Votes YES NO Amend #6 Number of Precincts Precincts Reporting Times Counted Total Votes YES NO Amend #8 Number of Precincts Precincts Reporting Times Counted Total Votes YES NO Total 18 18 100.0 % 12902/18859 68.4 % 11170 6203 55.53% 4967 44.47% Total 18 18 100.0 % 12902/18859 68.4 % 11109 6510 58.60% 4599 41.40% Total 18 18 100.0 % 12902/18859 68.4 % 11039 7024 63.63% 4015 36.37% Total 18 18 100.0 % 12902/18859 68.4 % 11389 4211 36.97% 7178 63.03% E' (JtJ L it w L Al 0 U"uof y Statement of Votes Cast Date: 11/14/08 2008 General Election Pa e: of 12 age:15 of 22 Okeechobee County. Fl November 4, 2008 SOVC For Jurisdiction Wide, All Counters, All Races OFFICIAL RESULTS City Council William C. Ledferd 42 12.84% Reg. Voters Times Total Votes Mike Earnest James Kirk Counted Jurisdiction Wide I- - - - - - - 2 - - - - - - 3 - - - - - - - 4 - - - - - 5 - - - - - 6 372 239 327 63 19.27% 74 22.63% 7 - - - - - 9 - - - - - - - 10 - - - - - - - 11 - - - - - - - 12 - - - - - - - 13 908 664 1081 215 19.89% 343 31.73% 14 991 714 1171 243 20.75% 290 24.77% 15 - - - - - - - 16 - - - - - - 17 463 290 432 70 16.20% 127 29.40% 18 - - - - - - - Total 1 2734 1907 3011 591 19.63% 834 27 70% 122 11.29% 145 12.38% 41 9.49% 350 11.62% Jurisdiction Wide 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 Total Statement of Votes Cast 2008 General Election Okeechobee County. Fl November 4, 2008 SOVC For Jurisdiction Wide, All Counters, All Races OFFICIAL RESULTS City council Mike O'Connor Francis "Jim" Vensel 113 34.56% 236 21.93% 295 25.19% 125 28.94% 769 25.54% 35 10.70% 165 15.26% 198 16.91% 69 15.97°/ 467 15.51 Date:11/14/08 Time:11:05:12 Page:16 of 22 Okeechobee City, Florida Nov torN AGENVA - EXHIVIT NO. / 0 MEMORANDUM To: Mayor Kirk and Council Members From: Lane Gamiotea, CIVIC, City Clerk Subject: Ratification of General Employee/OUA Pension Board Date: November 13, 2008 Our General Employees have appointed Betty Clement to be the Pension Board Representative. A motion would be in order ratify the appointment of Betty Clement as the General Employees/OUA Pension Board representative, term beginning January 1, 2009 through December 31, 2011. Should you have any questions, or require additional information, please do not hesitate to contact me.