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2008-12-02
CITY OF OKEECHOBEE DECEMBER 212008 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: December 2, 2008, City Council Regular Meeting; 7:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Ed Stewart, St. Stephen AME; 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 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the November 18, 2008 City Council Regular Meeting. PAGE 1 OF 10 Mayor Kirk called the December 2, 2008 Regular City Council Meeting to order at 7:00 p.m. Invocation was offered by Pastor Stewart of St. Stephen African Methodist Episcopal Church; 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 Present Present Council Member L. Williams moved to dispense with the reading and approve the Summary of Council Action for the November 18, 2008 City Council Regular Meeting; seconded by Council Member C. Williams. There was no dis:;ussicn on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. DECEMBER 2, 2008 - REGULAR MEETING - PAGE 2 OF 10 221 V. WARRANT REGISTER - City Administrator. A. Motion to approve the November 2008 Warrant Register: General Fund................................$299,545.43 Capital Improvement Projects Fund - Vehicles ........ $18,000.00 Public Facilities Improvement Fund ................ $11,009.09 VI. AGENDA - Mayor. Council Member Watford moved to approve the November 2008 Warrant Register in the amounts: General Fund, two hundred ninety-nine thousand, five hundred forty-five dollars and forty-three cents ($299,545.43); Capital Improvement Projects Fund - Vehicles, eighteen thousand dollars ($18,000.00); Public Facilities Improvement Fund, eleven thousand, nine dollars and nine cents ($11,009.09); 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. A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? agenda. III New Business Items E and F were added. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 7:05 P.M. A.1. a) Motion to read by title only, proposed Ordinance No.1034 regarding Council Member Watford moved to read by title only, proposed Ordinance No.1034 regarding Application No. 08-009- Application No. 08-009-R, submitted by Gianinna Mitchell, property R, submitted by Gianinna Mitchell, property owner, rezoning 0.162 acres located at 909 Southwest 2"d Avenue, Lot owner, rezoning 0.162 acres located at 909 Southwest 2"d Avenue, 12 of Block 6, South Okeechobee, from RSF-1 to CLT; seconded by Council Member L. Williams. Lot 12 of Block 6, South Okeechobee, from RSF-1 to CLT - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. 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 (CHV) ZONING DISTRICT; AMENDING THE ZONING MAPACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYANDAN EFFECTIVE DATE." 222. DECEMBER 2, 2008 -REGULAR MEETING -PAGE 3 OF 10 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. a) Motion to adopt proposed Ordinance No. 1034. b) Public comments and discussion. c) Vote on motion. B.1. a) Moiton to read by title only, 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' Streets and Northeast 7t" Avenue, City of Okeechobee, from RMF and H to CLT - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1035 by title only Council Member Markham moved to adopt proposed Ordinance No.1034; seconded by Council Member L. Williams. Mayor Kirk yielded the floor to City Planning Consultant, Bill Brisson to present the Planning Staff Report regarding the Petition No. 08-009-R which specifically addresses Lot 12 of Block 6, South Okeechobee, and was reviewed by the Planning Board on November 12, 2008. The Board recommended unanimously to the Council that the petition was found to be consistent with the Comprehensive Plan. The original request was to rezone the property to Heavy Commercial. However, it was amended by the Council at the first reading to Light Commercial due to the proximity of the residences within the area. The applicant had no objections to the change. Mayor Kirk asked whether there were any question or comments from the public? There were none. He then opened the floor for discussion among the Council. It was noted that the matter was discussed at length at the first reading and no further discussion was necessary. 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. 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 7t' Avenue, City of Okeechobee, from RMF and H to CLT; 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 HEREINr.FROM RESIDENTIAL MULTIPLE FAMILY (RMF). AND HOLDING (H) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." DECEMBER 2, 2008 - REGULAR MEETING - PAGE 4 OF 10 2 2 � VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2.a) Motion to adopt proposed Ordinance No. 1035. b) Public comments and discussion. Council Member Markham moved to adopt proposed Ordinance No.1035; seconded by Council Member C. Williams. Mayor Kirk yielded the floor to City Planning Consultant, Bill Brisson to present the Planning Staff Report regarding the Petition No. 08-010-R which specifically addresses the South -half of Block 147, and two parcels of the unplatted and now abandoned Riverside Drive located East of Block 147, City of Okeechobee, and was reviewed by the Planning Board on November 12, 2008. The Board recommended to the Council that the petition was found to be consistent with the Comprehensive Plan. The original request was to rezone the property to Heavy Commercial. However, itwas amended by the Council at the first reading to Light Commercial due to the proximity of the residences within the area. Planning Staff is recommending Light Commercial, the Planning Board is recommending, as requested by the applicant Heavy Commercial. The matter was discussed at length during the first reading. Mr. Brisson again denoted his arguments for the Light Commercial recommendation. Administrator Whitehall questioned whether the traffic study had been received. Mr. Brisson answered, yes, and has only preliminarily been reviewed, unless there is a serious problem, the development does not appear to be a significant impact, traffic wise, to the area. Mayor Kirk asked whether there were any questions or comments from the public? Mr. Terry Burroughs of 2661 Southeast 24' Boulevard, Okeechobee, addressed the Council as a City Planning Board Member to give them a more thorough insite as to their recommendation for Heavy Commercial rather than Light. He also advised that residents of River Run (located East of Taylor Creek) were at the meeting. Once the project was shown to them, they did not have any objections that were stated to the Board. He noted that the commercial corridor has in some areas gone back up to three blocks from North ParrottAvenue, and two blocks on almost all of East North Park Street. There is a billiard type business within the area already and none of the citizens voiced their concerns regarding the noise or traffic from it. The Police Department has the authority to keep noise levels down when they cause a nuisance. Therefore, it was his request, that the Council re -consider the Heavy Commercial request for the project. Mrs. Nunez addressed the Council requesting as well thatthe Council re-considerthe Heavy Commercial request. She asked for her traffic engineer, Susan O'Rouke, to answer any questions the Council may have. There were no questions for Ms. O'Rouke, she briefly stated that the project was found to be in compliance with the City traffic conncurrency regulations. The Mayor then opened the floor for discussion among the Council. Council Member L. Williams began the discussion by statina that the Citv has a Plannina Board for a reason and we need to re -consider their recommendation. therefore she moved to emend Droposed Ordinance No.1035 to chance the rezonin_ fg rom RMF and H to CHV; seconded by Council Member Markham. 2 2, 4 DECEMBER 2, 2008 - REGULAR MEETING - PAGE 5 OF 10 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public comments and discussion continued. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. Vill. NEW BUSINESS. A.1. a) Motion to read by title only, and set January 6, 2009 as a final public hearing date for proposed Ordinance No.1037 to provide an extension of time of Street Closing Application No. 88 of Ordinance No. 1019 -City Attorney (Exhibit 3). Council Member Watford noted this matter was discussed at length during the first reading, and it was not an easy decision. He added that it was not the'current developer that was his problem, he agreed they would complete a wonderful project that would not cause any problems. However, should the ownership change, it could be a different problem all together due to the extent of the types of businesses that are permitted uses within Heavy Commercial districts. Council Member Markham explained that he went back and researched the Planning Staff Report from the rezoning petition on the parcels to the North of this property, which are also part of the project. They were rezoned CLT, and most of all the findings, including the Planning Board's decision and the City Council's decision, were based on the understanding that this property was already CHV. He also researched the discussion that took place at the Planning Board meeting, which was a very lengthy discussion. He looked at the commercial corridor that is being created in the area, and` how far back it goes, then actually drove to the area and watched the traffic. His recommendation was that the development would be consistent with the surrounding area without significantly impacting it in a negative manner. Mayor Kirk added, "I'm not sure we are not over analyzing this." The fact is everyone thought the property had already been rezoned to CHV, we were okay with that before, and nothing has been said to change my mind as to why it should not be CHV. Council Member Williams stated he would support the CHV, however, he suggested that the Planning Board really scrutinize the requests for CHV. KIRK - YEA C. WILLIAMS - YEA KIRK - YEA C. WILLIAMS - YEA VOTE ON MOTION TO AMEND MARKHAM-YEA L. WILLIAMS - YEA VOTE AS AMENDED MARKHAM - YEA L. WILLIAMS - YEA MAYOR KIRK CLOSED THE PUBLIC HEARING AT 7:40 P.M. WATFORD - YEA MOTION CARRIED. WATFORD - YEA MOTION CARRIED. Council Member Watford moved to read by title only, and set January 6, 2009 as a final public hearing date for proposed Ordinance No.1037 to provide an extension of time for Street Closing Application No. 88 of Ordinance No. 1019; seconded by Council Member L. Williams. DECEMBER 2, 2008 - REGULAR MEETING - PAGE 6 OF 10 22` Vill. NEW BUSINESS CONTINUED. A. 2. b) Vote on motion to read by title only and set public hearing date. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM-YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1037 by title only. Attorney Cook read proposed Ordinance No. 1037 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA EXTENDING THE OPERATION OF ORDINANCE 1019 AS PREVIOUSLYADOPTED; PROVIDING FOR EXTENSION OF TIME IN WHICH DEVELOPER PROVIDE EASEMENT TO THE CITY OF OKEECHOBEE, PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No 1037. b) Discussion. c) Vote on motion. Council Member Markham moved to approve the first reading of proposed Ordinance No. 1037; seconded by Council Member C. Williams. Attorney Cook briefly explained that the easement that was needed to be provided by the Nunez's to the City was not received within the 60 day time frame causing the ordinance to be null and void. Granting a time extension seems to be the best method of handling the matter. The Council has granted extensions similar to this in the past. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. B. Presentation detailing the role and function of the Small Business Mr. Sean Moore, a Certified Business Analyst of the Florida Small Business Development Center (SBDC) at Florida Development Center (SBDC) in Okeechobee - Sean Moore, Florida Gulf Coast University gave a presentation to detail the role and function of this organization for the purpose of Gulf Coast University. stimulating economic prosperity in Okeechobee. Indian River State College is partnering with FGCU until they can sufficiently handle the organization for this area. He distributed a handout highlighting some of the services they provide. Free, confidential, one-on-one business counseling. Free or low costone day seminars. Business Planning. Marketing Plans. Market Research. The SBDC work in partnership with local lending institutions as well as City and Council economic development agencies to assist in the economic stability of the area. Through these partnerships additional businesses start, new jobs are created, and a broader base of economic stability is established. 226 DECEMBER 2, 2008 - REGULAR MEETING - PAGE 7 OF 10 Vill. NEW BUSINESS CONTINUED. B. Presentation detailing the role and function of the Small Business Seminar Topics will include, FAQ of starting a Small Business. What is a Business Plan and Why do I need One? Development Center (SBDC) in Okeechobee continued. Doing Business in a Soft Economy? Business Idea or Real Opportunity? Customer Service -A Lost Art. They also offer custom designed seminars for clients. The first seminar will be held January 22, 2009, from 2-4 p.m. at the Library. The final item Mr. Moore noted was a 10-week course being offered through IRSC, the class is 3 hours, one night per week, the course is entitled, Real Entrepreneurship Action Learning. The Mayor and Council thanked Mr. Moore for his information. C. Motion to appoint Osiel Torres from alternate to remember member Council Member C. Williams moved to appoint Osiel Torres from alternate to remember member for the Planning for the Planning Board, term beginning January 6, 2009 through Board, term beginning January 6, 2009 through April 30, 2009; seconded by Council Member Markham. April 30, 2009 - City Clerk (Exhibit 4). VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. D. Discuss economic situation and budget - Councilman Watford. Council Member Watford stated, since the budget was adopted the economy has continued to get worse. Recently there was an article in the Palm Beach Post where Palm Beach Mayor Frankel is urging all Palm Beach residents to shop local, and suggested that our City and County do that as well to encourage people to buy in Okeechobee rather than drive to the coast. He asked that City Staff look at any programs, projects or idea's that they may can find or come up with to help stimulate the local economy as much as possible. Review the capital improvement projects, even the one's slated for future years, to see what can be pulled ahead, the sooner the better. Mr. Terry Burroughs, of Okeechobee Main Street briefly explained to the Council a new campaign they will be kicking off entitled, "I shop Okeechobee." ITEM ADDED TO AGENDA: E. Motion to accept financing proposal for 22 Council Member Watford moved to award the financing proposal to Key Government Finance of Green Cove Springs, vehicles from Key Government Finance, Green Cove Springs, Florida Florida, the annual vehicle leasing program (22 vehicles); seconded by Council member C. Williams. There was a brief (formerly Popular Leasing) - City Administrator (Exhibit 5). 1 discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. VIII. NEW BUSINESS CONTINUED. ITEM ADDED TO AGENDA: F. Motion to approve a request submitted by the Chamber of Commerce to temporarily close Southwest 2Id, 3`d and 4' Avenues between North and South Park Streets on December 13 from 6 a.m. to 8 p.m. for the Annual Christmas Parade and Festival - City Clerk (Exhibit 5). IX. PRESENTATION - Mayor. DECEMBER 2, 2008 - REGULAR MEETING - PAGE 8 OF 10 Council Member Watford moved to approve a request submitted by the Chamber of Commerce to temporarily close Southwest 2"d, 3'd and 4v' Avenues between North and South Park Streets on December 12 through 14 from 6 a.m. to 8 p.m. for the Annual Christmas Parade and Festival; seconded by Council Member L. Williams. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. Mrs. Williams was presented a "Council Plaque" for her term as City Council Memberfrom January 4, 2005 to January A. Recognize Lydia Jean Williams for her term as City Council Member 1 6, 2009. from January 4, 2005 to January 6, 2009. Mayor Kirk then announced, the City is introducing a new award to recognize an outstanding citizen or a community group, whose actions for the betterment of the City are deemed distinct or extraordinary. "The Paragon Award" a paragon is a model of perfection or excellence. This year, the award is Honoring the recipients' "Innovation" as she has brought many new things to the City. Mrs. Williams was presented the award based on her unselfish dedication and taking the time to go the extra mile for her hometown. Highlights of accomplishments include, 21 years of employment with the City, her employee performance evaluation almost all have a notation, that she goes above and beyond her job duties to help others. Notes from citizens denoting outstanding service from her after hours to help them. Gave the presentation in Tallahassee which offered a tremendous insight of the history of Okeechobee to begin the Main Street Program. Initiated the Annual Tree Lighting Ceremony and City Santa in the park. Was the first female to ever be elected to the City Council. The award was unveiled and presented to Mrs. Williams along with a plaque to record each years recipients. Mayor Kirk then yielded the floor to anyone wanting to pay tribute to Mrs. Williams. Clerk Gamiotea began by saying, When I began working at the City, there was one key person missing. Immediately from my first day here, it was obvious she had been out, and was dearly missed. I was very young, and quite scared. But slowly began getting more and more comfortable. However, I still remember, 20 years later, how the absence of this one person impacted every department. At least once a week it would be said, "thank goodness she'll be back and will know how to take care of that." Now, this made a very big impression on me. I thought to myself, what exactly were her job duties that would cause such an impact? Later I realized, how she helped people had nothing to do with her job description and everything to do with how you show people you care by going that extra step. 221 228 DECEMBER 2, 2008 - REGULAR MEETING - PAGE 9 OF 10 IX. PRESENTATION CONTINUED. A. Recognize Lydia Jean Williams for her term as City Council Member from January 4, 2005 to January 6, 2009 continued. She was on maternity leave with Jena. When she returned, things were some how different, and I can't quite describe it. I immediately liked her. She just has one of those personalities that draws you to her. She became my confidante, and something that I have never revealed to her, she became a mentorfor me. I watched herfor years, as she worked with other employees and the public as they came in, and I learned through her peerless example. She showed me how to put the public at ease, and even if you can't help them or don't know the answer, they don't have to know that. Through the years, we've seen a lot of changes at the City. Most of them for the good. And there have been times when we didn't see eye to eye. But the great thing about Lydia Jean is that you can agree to disagree, and still remain friends. When we began working on the idea of an annual award to present to individuals. It actually began a few years ago. It was one of those projects that you pick up and put down. The timing just never seemed right. Then I got an email from Lydia a few weeks ago letting me know that this would be her last meeting. It all just seemed so clear that now was the time, and there was no better person who deserved to be the first recipient of this award. It always amazes me how things fall in place, when the time is right, and that is exactly how this all came about. To find an award that is actually entitled, Paragon, which means a model of excellence or perfection, fit exactly the type of model Lydia Jean has been for both employees and citizens. Each one of these awards is individually made, and is a hand blown work of art. No two will ever be exactly the same. Just as no two recipients will ever be the same in their manner of which they give of themselves. Then with the words that came inscribed on it, "Honoring your Innovation." She has been a true innovator for the City by starting so many new things that made the City a better place to work and live. So thank you Lydia Jean, for your dedication to this City, and for being my friend and mentor all these years." Council Member Watford added, its been quite interesting getting use to having a female on the Council and remembering to call you Council "Member" instead of "man." "I've been up here a long time and have been able to work with Lydia when she worked for the City. When she announced she was going to run for council, one of the reasons was she wanted to help the people, and with all the Councilmen that I have served with over the years, and will also have to say we have had the best mix of Council people in the most recent years than ever before, but I don't think the people of the City realize the service you have provided to them. I don't think they realize the caring and compassion you have for them, some of us who have been up here a long time have lost that and I would just like to thank you for your years of service, especially these last four and thank you for reminding us of why we are here, to serve the people of Okeechobee and I thank you for that service." IX. PRESENTATION CONTINUED. A. Recognize Lydia Jean Williams for her term as City Council Member from January 4, 2005 to January 6, 2009 continued. X. 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 P. se f backup for official records of the Clerk James E. Kirk, Mayor ATTEST:: Lane Gamiotea, CMC, City Clerk DECEMBER 2, 2008 - REGULAR MEETING - PAGE 10 OF 10 2 2 1% Council Member Markham also added, "I've known Lydia Jean for a long time. When she worked at the City, when I needed information, she was a person) could come to and talk to. When I decided to run for City Council, she was i very persuasive in my running. She's always been there when I needed information on the job. She helped me understand a lot of the processing. When the City decided to take over the Christmas decorations, we needed someone to spearhead the event. So we dropped it in her lap, and as long as we could give her the money, and get people to make donations, she took it to what we had here tonight, and it all started from nothing. The only way this all happened was it took someone who had the initiative to get out there, talk with the public and get the public support to them, and that was something Lydia Jean could do. She had the public support, she didn't just work for the City, she worked for the people." In closing, Mrs. Williams offered, "after 21 years I needed a change in my life, I wasn't thinking it would be politics, but you had the people out there. My heart went out to them. People asked me to run for office. I prayed about it, and I was put in office. Things were going good and I felt strong. Then, a few years later I was in an auto accident and have had some health issues. I felt like I wasn't giving the people what I had always been able to give them. So when my term came around, I decided not to run for office again. I am going to be staying at home and raising my grandchildren. There's been great times and bad times, we all still love each other. I want things to continue on. We have a lot of great employees, just take care of the people and they will take care of you. I really appreciate this, although it was very unexpected. From my heart, thank you for putting up with me all these years." That being the final item on the agenda, Mayor Kirk adjourned the meeting at 8:21 p.m. which was followed with refreshments to celebrate this special occasion. The next regular scheduled meeting is January 6, 2009 at 6:00 p.m. Page 1 of 7 CITY OF OKEECHOBEE - DECEMBER 2, 2008 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES BY I. CALL TO ORDER - Mayor Kirk December 2, 2008 at d© P.M. II. OPENING CEREMONIES: Invocation given by Revered Ed Stewart. St. Stephen, AME; Pledge of Allegiance led by Mavor Kirk. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. PRESENT ABSENT Mayor James E. Kirk Council Member Lowry Markham +� Council Member Dowling R. Watford, Jr. Council Member Clayton Williams V Council Member Lydia Jean Williams ✓ City Administrator Brian Whitehall City Attorney John R. Cook v City Clerk Lane Gamiotea ✓ Deputy Clerk Melisa Eddings ✓ Police Chief Denny Davis '✓ Fire Chief Herb Smith Public Works Director Donnie Robertson! V. MINUTES - City Clerk. A. Council Members moved to dispense with the reading and approve the Summary of C ncil Action for the November 18 , 2008 Regular Meeting; seconded by Council Member There was no discussion on this item. VOTE: YEA NO ABSENT ABSTAINED KIRK MARKHAM WATFORD v C. WILLIAMS L. WILLIAMS ,. MOTIO CARRIED DENIED. V. WARRANT REGISTER - City Administrator. A. Council member l_ moved to approve the November, 2008 Warrant Register in the amounts: General Fund, two hundred ninety-nine thousand, five hundred forty-five dollars and forty- three cents ($299,.43); Capital Improvement Projects Fund - Vehicles, eighteen thousand dollars ($18,000.00); Public Facilities Improvement Fund, eleven thousand, nine dollars and nine cents ($11,009.09); seconded by Council Member VOTE: YEA NO ABSENT ABSTAINED KIRK v MARKHAM WATFORD v a C. WILLIAMS v L. WILLIAMS MOTI �RIED ENIED. t VI. AGENDA - Mayor. A. Mayor Kirk asked whether there were any requests for the additions, deferrals or withdrawal of items on today's agenda. Page 2 of 7 VII. MAYOR KIRK OPENED THE PUBLIC HEARING AT P.M. A.1. a) Council Member D( D moved to read by title only, 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 CLT - City Planning Consultant (Exhibit 1); seconded by Council Member 0 t.t b) Vote on motion to ready by title only. YEA NO ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTION: ARRIED / ENIED. 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 RESIDEN 1 -#1 SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TOfi4V- 1 -� COMMERCIAL (ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY; J PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Council Member I moved to adopt proposed Ordinance No.1034; seconded by A ICouncil Memberk ) b) Public comments and discussion. C +�� In. �� � l E vtC�C _ N (c�;� t � u ��d�c r PIP, FrVQ �u-v( c) Vote on motion YEA KIRK ' MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTION:(,-r RIE DENIED. NO ABSENT ABSTAINED Page 3 of 7 B.1. a) Council Member _Nl�k moved to read by title only, 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 2Id and 3' Streets and Northeast 7'h Avenue, City of Okeechobee, from RMF and H to CLT; seconded by Council Member _ b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTIO A RIE I DENIED. C) At�.Coe ad 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, FROMRESIDENTIAL MULTIPLE FAMIL Y(RMF) AND HOLDING (H) 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. 1035; seconded by Council Member 0 b) Public comments and discussion. l,lmj� - q Cat- I �'� lyl �' y l.�W rI.,k-. j C°� l � 6cial") "V-axv, Ef l 4o (dk-� (0 n ? av l tccam-, CW V�-Ut-D •�.._ • may. PIS C) Vo a on motion YEA NO ABSENT ABSTAINED KIRK / MARKHAM / c� �� -Cj -u A&L WATFORD l C. WILLIAMS L. WILLIAMS MOTIO : CARRIED ENIED. EX� MAYOR KIRK CLOSED THE PUBLIC HEARING AT P.M. 0 �jj °plc c� r \ Page 4 of 7 A.1. a) Council Member�� 9 moved to read by title only and set January 6, 2009 as a final public hearing date for proposed Ordinance No.103? to provide an extension of time of Street Closing Application No. 88 of Ordinance No. 1019 - City Attorney (Exhibit 3); seconded by Council Member c�11t 1 b) Vote on motion to read by title only and set public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK / MARKHAM j WATFORD C. WILLIAMS L. WILLIAMS MOTI DENIED. c) Attorney Cook read proposed Ordinance No.1037 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA EXTENDING THE OPERATION OF ORDINANCE 1019 AS PREVIOUSLY ADOPTED; PROVIDING FOR EXTENSION OF TIME IN WHICH DEVELOPER PROVIDE EASEMENT TO THE CITY OF OKEECHOBEE, PROVIDING FOR AN EFFECTIVE DATE.." 2. a) Council Member (J) /Y) m,QQved to approve the first reading of proposed Ordinance No. 1037; seconded by Council Membei b) Discussion. jC - �NcQ�&v, vc� ).xPv o -- C) Vote on motion YEA KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTION: CARRIE ENIED. NO ABSENT ABSTAINED Page 5 of 7 B. Presentation detailing the role and function of the Small Business Development Center (SBDC) in Okeechobee - Shaun Moore, Florida Gulf Coast University. ,SEcvwPCt'V'4U&UV-j� 6q Y404c 6uAY Y�Lcz� oxt PIIX� m r r �`t do 1"Lwc 3�0""aM I �44 tuea/ , A011 cif t'v W1I00 la kd p ItQ� I�u wc� 0 0 bi1 Page 6 of 7 C. Council Member Ow moved to appoint Osiel Torres from alternate to remember member for the Planning Board, term beginning Ja uar^y 6, 2009 through April, 2009 -City Clerk (Exhibit 4); seconded by Council member VOTE: YEA NO ABSENT ABSTAINED KIRK -� MARKHAM WATFORD C. WILLIAMS L. WILLIAMS J MOTfO CARRIED ENIED. D. Discuss economic situation and budget - Councilman Watford. PU�J JJ 4-C S+cq� (�Jzi( -14a S-- L-L L CT - Ez 'S �kCti- o- k �b St 64 0 �r, ,j/tct Q - Ma4e,' " t)l at A-\ C3 � C4,- I -IL �Ja'o - a�0/9o�,�auc.� ��1 � �Q D�ccCr✓� ct Ct 1 �1 � r Au 64P Cc ' C "�W , 0-62 ��� !" ty -- - ca- ! Iz ����Uj Page 1 of 7 CITY OF OKEECHOBEE - DECEMBER 2, 2008 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES BY I. CALL TO ORDER - Mayor Kirk December 2, 2008 at '7 P.M. II. OPENING CEREMONIES: Invocation given by Revered Ed Stewart. St. Steohen. AME; Pledge of Allegiance led by Mavor Kirk. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. PRESENT ABSENT Mayor James E. Kirk ✓ Council Member Lowry Markham Council Member Dowling R. Watford, Jr. ✓ Council Member Clayton Williams Council Member Lydia Jean Williams ✓ City Administrator Brian Whitehall City Attorney John R. Cook ✓ City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings / Police Chief Denny Davis Vol Fire Chief Herb Smith ✓ Public Works Director Donnie Robertson ,/ V. MINUTES - City Clerk. A. Council Member moved to dispense with the reading and approve the Summary of C l!uncilA��ction or the November 18 , 2008 Regular Meeting; seconded by Council Member _ tL There was no discussion on this item. Ln o [x�'r VOTE: YEA NO ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTION: ZRRIEj�/ENIED. V. WARRANT REGISTER - Cty ministrator. A. Council member �,� � tL moved to approve the November, 2008 Warrant Register in the amounts: General Fund, hundred ninety-nine thousand, five hundred forty-five dollars and forty- three cents ($299,454.43); Capital Improvement Projects Fund -Vehicles, eighteen thousand dollars ($18,000.00); Public Facilities Improvement Fun�j, eleven thousand, nine dollars and nine cents ($11,009.09); seconded by Council Member `� y(��[c k�-� & VOTE: YEA NO ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTION: CZARRIED DENIED. VI. AGENDA - Mayor. A. Mayor Kirk asked whether there were any requests for the additions, deferrals or withdrawal of items on today's agenda.A� f1, E J F Page 2 of 7 VII. MAYOR KIRK OPE E TH PUBLIC HEARING AT �% OJ P.M. A. 1. a) Council Member ' moved to read by title only, proposed Ordinance No. 1034 regarding Application No. 08-009 , submitted by Gianinna Mitchell, property owner, rezoning 0.162 acres located at 909 Southwest 2"d Avenue, Lot 12 of Block 6, South Okee hobge, from RSF-1 to CLT - City Planning Consultant (Exhibit 1); seconded by Council Member l ` %(J�r✓� b) Vote on motion to ready by title only. YEA NO ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTION: RRIED / ENIED. 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 tffAW! C ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Council Member / G4-t4y— moved to adopt proposed Ordinance No.1034; seconded by Council Member )` /. b) Public comments and discussion. c) Vote on motion YEA NO ABSENT KIRK MARKHAM WATFORD C. WILLIAMS ABSTAINED L. WILLIAMS MOTION: iE DENIED. Page 3 of 7 B.1. a) Council Member J,�Lwo-t�moved to read by title only, proposed Ordinance No. 1035 regarding Application No.-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 7" Avenue, City of Okeechobee, from RMF and H to CLT; seconded by Council Member 4A16ZA b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT, KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTION: DRRIEDDENIED. 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, FROMRESIDENTIAL MULTIPLEFAMILY(RMF) AND HOLDING (H) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Council Member q/y,c —k� moved to adopt proposed Ordinance No. 1035; seconded by Council Member b) Public comments and discussion. f a �,�;��, ,tom. Qh.�.�✓ C�.� y�/�` "-�C /��`' n 0 lip c) Vote on motion YEA NO ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTION CARRIE I DENIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT f P.M. 9-'q) Page 4 of 7 A. 1. a) Council Member l� a moved to read by title only and set January 6, 2009 as a final public hearing date for pro sed Ordinance No.1037 to provide an extension of time of Street Closing Applicatiop No. 88 of Ordinance No. 1019 - City Attorney (Exhibit 3); seconded by Council Member b) Vote on motion to read by title only and set public hearing date. VOTE YEA NAY ABSTAIN ABSENT, KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTION CA�RIED I PENIED. c) Attorney Cook read proposed Ordinance No.1037 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA EXTENDING THE OPERATION OF ORDINANCE 1019 AS PREVIOUSLY ADOPTED; PROVIDING FOR EXTENSION OF TIME IN WHICH DEVELOPER PROVIDE EASEMENT TO THE CITY OF OKEECHOBEE, PROVIDING FOR AN EFFECTIVE DAT ." 2. a) Council Member'fbk/,&? � moved to approve the first reading of proposed Ordinance No. 1037; seconded by Council Member b) Discussion. c) Vote on motion YEA NO ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MO ION: RRIED DENIED. Page 5 of i function of the Small Business Development Center (SBDC) in Presentation detailing the role and ram, 3 B. Moore, Florida Gulf C as University. (, Okeechobee -�� .� YA -jj i• t'. LIU r "'I'Li, e J4, 0 L7�1- \—� �.gc .L 1 k Jt� r ----- - ----- Page 6 of 7 C, I C. Council Member moved to appoint Osiel Torres from alternate to remember member for the Planning Board, term beginning J@,Vuary 6,,2009 through April 0, 2009 - City Clerk (Exhibit 4); seconded by Council member I N4Ut,)_. VOTE: YEA NO ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS M Tll�: �A�RRIE��D DENIED. D. Discuss economic situation and budget - Councilman Watford. AG !J ke'r j L tc lz, j �, CJ �A_ IL 17' y t'(a Lk L)A_ L'sd 14" U_� 6 C, Jz Page 7 of 7 ITEM ADDED TO AGENDA: E. Council Member Womoved to approve a request submitted by the Chamber of Commerce temporarily close Southwesti�-,��and 4th Avenues between North and South Park Streets on Decembe hrough 14 from to p.m Mr tie Annual Christmas Parade and Festival - City Clerk (Exhibit 5); seconde y Council Member f,�,./�Lo- VOTE: YE NO ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS . Ci MOTIONAR D 1 DENIED. IX. PRESENTATION - Mayor. A. Recognize Lydia Jean Williams for her term as City Council Member from January 4, 2005 to January 6, 2009. fit. ell X. MAYOR KIRK ADJOURNED THE MEETING AT P.M. Page 7 of 7 ITEM ADDED TO AGENDA: Council Member J moved to approve a request submitted by the Chamber of Commerce to temporarily close Southwest 2"1, V and 4`h Avenues between North and South Park Streets on December �fronfto$.m. forth Annual Christmas Parade and Festival -City Clerk (Exhibit 5); seconded'By Council Member VOTE: YEA NO ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS _ MOTIO . CARRIED /PENIED. IX. PRESENTATION - Mayor. A. Recognize Lydia Jean Williams for her term as City Council Memberfrom January4, 2005 to January 6, 2009. X. MAYOR KIRK ADJOURNED THE MEETING AT P.M. I 1NDEPE1&ENT _ _ • ®NEW'SPAPERS OKEECHOBEE NEWS 107 S.W 17th Street, Suite D, Okeechobee, 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, that the attached copy of advertisement being a P0 b (i C_ N ic)-fi c-2 in the matter of (_ I "�(/ �c�✓1C I C %�% �G1, 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. S orn t� and subscribed before me this day of /VOC)�eO'Gj,ZF A� Wtary Public, State of Florida at Large o�PaY Pie, Janetta Thiboult commission # DD505311 N9 o Expires January 10, 2010 .I OF Bonded Troy Fain Insurance Inc 800-385.7019 CITY'COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of the Cddyy of Okeechobee will meet in Regular Sessbn on Tuesdal December 2, 2008, 7:D0 p.m. at City Half, 55 SE 3rd Ave, Rm 200, Okeechobee, Flaida, The public'is irmted and encou ell tc attend. A copy of the agenda will be available on our site at _ ggm a contact C!N Administration at (8G3) 783 3372 x 212. 'LEASE TAKE NOTICE AND BE ADVISED that 'dairy persar desires to appeal any decision made by the City CamcN with respell th arty matter considered at this meeting, such interested person will creed a record of the proceedings, and for such purpose may need to ensae a verbatim rewrd of the proceedings is made, j whkh record klcludes the festlmary and evidence upon which the appeal is to be based. City Clerk media are used for the sole purpose of back-up for the Clerk's Office. n accordance with the Americans with DisabNitlbs Act (ADA) and Florida, Statute 286.26, persons with disabilides needing special accommodation to'participate in this proceeding should comact Lane Gamiotea, no later than two (2) working days prkx to the, proceedng at 863 763-3372 x 214; if you are hearing or voice impaired, call TDO 1.800-955 t1770 (voice) a 1,•800 955 8771 (TfY�. y. James paved,: Kuk, Mayas Lane Gamiotea, CMC, Cily Clerk 02", ON 1 12tV08 0I. • CALL TO ORDER - MAYOR: OPENING CEREMONIES: CITY OF OKEECHOBEE DECEMBER 2, 2008 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA December 2, 2008, City Council Regular Meeting, 7:00 p.m. Invocation given by Rev. Ed Stewart, St. Stephen, AME 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 IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the November 18, 2008 City Council Regular Meeting. PAGE 10F 4 December 2, 2008 PAGE 2 of 4 V. WARRANT REGISTER - City Administrator. A. Motion to approve the November 2008 Warrant Register. General Fund $299,545.43 Capital Projects Fund - Vehicles $ 18,000.00 Public Facilities Fund $ 11,009.09 • 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. 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 CLT - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1034 by title only. 2.a) Motion to adopt Ordinance No. 1034. • b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to read by title only 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 71h Avenue, City of Okeechobee, from RMF and H to CLT - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1035 by title only. DECEMBER 2, 2008 PAGE 3 OF 4 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B 2.a) Motion to adopt Ordinance No. 1035. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. • Vill. NEW BUSINESS. A.1.a) Motion to read by title only and set January 6, 2009 as a final public hearing date for proposed Ordinance No.1037 to provide an extension of time for Street Closing Application No. 88 of Ordinance No.1019 - City Attorney (Exhibit 3). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1037 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No.1037. b) Discussion. 0 c) Vote on motion. B. Presentation detailing the role and function of the Small Business Development Center (SBDC) in Okeechobee - Shaun Moore, Florida Gulf Coast University C. Consider appointment of Osiel Torres from Alternate Member to Regular Member for the Planning Board, term beginning January 6, 2009 through April I 30, 2009 - City Clerk (Exhibit 4). D. Discuss economic situation and budget - Councilman Watford. DECEMBER 2, 2008 PAGE 4 OF 4 E 0 IX. PRESENTATION - Mayor. A. Recognize Lydia Jean Williams for her term as City Council Member from January 4, 2005 to January 6, 2009. X. 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. • • WDENT _ 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, thax the attached copy of advertisement being a cwl (' c N o-V i L-e (863) 763-3134 in the matter of i 0 �I (� tic, �G� PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the C Council of the City of Okeechobee, Florida will on Tuesday, December 2, 2008 at 00 p.m. or as soon thereafter possible, at City in the 19th Judicial District of the Circuit Court of Hall, 55 SE 3rd Ave., Okkfinal geechobee, FL conduct a PUBLIC HEARING on and thereafter to cons�OROI- NANCEder OFTHE CITY OFOKEECHOBEE, of the followinLORIDAeAMENDINGTHEOFFICIOrdinancinto law: NO. 1834:IAALZON- Okeechobee County, Florida, was published in ING MAP OF 0 EECHOBE BY REZONING A CERTAIN TRACT OF LAND MORE PAKTICULARLY DESCRIGED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE IRSF•1) ZONING DISTRICT TO LIGHT COMMERCIAL ICLT) ZONING DISTRICT; ASEERABI THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, said newspaper in the issues of SEYERABILITY AND AN EFFECTIVE DATE. The Ordinance is regarding Rezoning Pet Don No. 08-009-R, submitted by proper- `� lderd V 10 1 V ly owner, Gianirina MttcheN. The petlfian is to charge the zoning distr ct from Resr- toted at al Single Famiry-One (RSF1) to LpM Commercial (CLT) for property located 2nd Avenue, and rs appro umately 0.162 aae(s). JV 1 l7 / tj—{ Affiant further says that the said Okeechobee 909 Southwest All members of the public are encouraged to attend and participate in said hear np. The proposed Ordinance may be rrispe0,' in ids errfirery try metersa the pubu, cle in the Office of the City Clerk duri regular business hours, Mon-fn, 8am-4:30pm, News is a newspaper published at Okeechobee, in except for hokdays. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal arri said Okeechobee County, Florida, and that said y decision made by the City Council with respect to any matter considered at IN hear nil, such interested person will need a record of the proceedings, and for sect may need to ensure a verbatim record of U e proceedings is made, whicl newspaper has heretofore been published COntinu- p purpose record includes the testknorry and evidence upon which the appeal is to be based City Cled media are far the sole purpose of backup for official records of the Clerk. ously in said Okeechobee County, Florida each th aceordance mtli tha Americans wM Disabikry Act (ADA) and Florida Statute 286.26, persons wth disab8lies neeSng special accemnadabon to participate u this proceedkg should contact Lane Garro no later than two (2) working day. week and has been entered as second class mail pponor to the proceedin at 863-763-3372 x215; g hearng or voice impaired, ca TDD 1-8D0-955 8770 voice) a 1-800 955.8771 (TTY). matter at the post office in Okeechobee, in said 30 re ONk OBC,CfTYCLERK 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� �14o and subscribed before me this �11 S� / day of D V -"t 616r_ AD '_;�Co� tary Public, State of Florida at Large p�Pati Pie, Janetta Thiboult z : Commission # DD505311 N9 o Expires January 10, 2010 Bondeo Troy Fain insurance Inc 800.385.7019 REVISED AS AMFNVED 11/10/09 DEC 2N0 - 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 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, 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 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 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 Light Commercial (CLT). 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 NOVEMBER 12, 2008 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS- PAGE 2 OF 3 WON u I€ 3 1 a 1 �'<L .. fR''S..`:�.K�i3'_" , f» « .:.A_,�«'J��.?'�.2 ,n. !i'%, Cj7 .lY.. ,� ?{Y '., `"ltl:r, , . ..s ... A, ti.•'. . 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. There 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 2' 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. %.A WJ va vaccwvaicc - General Services Department 55 S.E. 3r' Avenue, Room 101 • Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 218 Lana. l U 1(0 () Zi I Fee Paid:' . lu Hearing: 1 Publication Dates: Notices Mailed: rCLluun nV. C/ r) ,okuisdiction: a !° Hearing: 1 Name of property owner(s): 9 is yU ri n a A, Ni ltcke ( L 2 Owner mailing address: $ g' OO N W _ Ala b iS �ree_t 3 Name of applicant(s)•if other than owner 01A 4 Applicant mailing address: N [ A 4a a -mail address: _g i an i n na 2q a VoLk.00 . CEO rrt 5 Name of contact person (state relationship): Cofi ad M 2 a VX4 _h v e_ u_ 6 Contact person daytime phone(s): . 34-g01¢2- Property address/directions to property: 7 °)09 s w Znd Awaiw e., x oKeez eob-ee, Jac- 34T7I Describe current use of property: 8 Ile6Wevtfia l Describe improvements on property (number/type buildings, dwelling units, occupied or vacant, etc. 10 ( Approx. acreage: 0 . I O Z A(YP S Is property in a platted subdivision? in A limits Is there a use on the property that is/was in violation of a city or county ordinance? If so, describe: lI ''`` l 0, 12 I Is a pending sale of the property subject to this application being granted? NO. Describe uses on adjoining property to the North: 13 North: COM► Cr AW Pro" East: `S W rr►enfS , 13us i ne sses South: hose, West: VS2 14 .I Existing zoning: V�Si deK fo l RSf J �uture Land Use classification 'om yMyU a( 15 I Request is for: (X)Rezone (T) Special Exception (-_J Variance 16 17 Parcel Identification Number: 3 _ 2 l 3?— 3 5- 0046 _ 0006, 0 _ 0120 tE Applicant's statement of interest in property pro 4)essf o fi n 'l l° - �..^r✓�S } UK AW Revised 7/08 Page I of 10 18 19 20 21 22 23 Non-refundable applicat ee: Rezoning $500; Special Exception: ; 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 A pyj 1 20, 2C) p Q) Notarized letter of consent form property owner (if applicant is different from property owner) 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: Requested zoning classification C 14 V What is the desired permitted use and intended nature of activities and development of the 24 1 property? �-�Ss (b ilt 04,o& Is a Special Exception necessary for your intended use? 25 WO 26 Is a Variance necessary for your intended use? Uo 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 descri a nature of the business, # of employees, hours of operation and any activities to conducted outside of a building: 30 A/A Revised 7/08 Page 2 of 10 31 Applicant's materials ad*ing standards for granting a special excOF (attach) 32 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 gievariance? If so, describe: 35 What is the minimum va/standards 36 37 Applicant's materials adr granting a variance (attach) 38 Applicant's materials aduired 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 anidmmay tion maybe punishable by a fine of up to $500.00 and imprisonment of up to 30 da resulting the summary denial of this application. Sign a Printed Name Date Revised 7108 Page 3 of 10 Prepared by; Record and Return to: -VU"e�iy:$ostvvck Big L;ak '1`iE1e.::Cbinpapy, Inc 203 SW 4th Street Okeechobee, Florida 34974 File Number: 3593 1Vfacle flits Aprif g, 2008 A:D. , By Gary L. Cooper, a single man J b �1_.lE Hurl ;so 0IZ 54a OR BK 00653 PG 0750 SHARON ROBERTSONr CLERK OF rIRCIlIT COURT OKEECHOBEE COUNTYr FL RECORDED 0510S/2008 001i.:37 P11 MIT 90r000"00 RECORDING FEES 10,00 DEED DOC 630.00 RECORDED .BY ff Pinon Pa 07581 UPS) Warranty Deed whose address is: 237 Kingfisher Lane, Haines City, FL 33844, hereinafter called the grantor, to (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Okeechobee County, Florida, viz: Lot 12, Block 6, SOUTH OXE904.OBEE; according to iliePlatihereofrecorded 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 Me same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing t Dece b r 3.l 2 - fa - In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed sealed and delivered in o ; r presence: �- Waness Printed Naritre 14� .2 Witness Printed Name ePndv �/ C State of Florida County of Okeechobee 9-1, 6 �8 ;3-4� Seal Gary Cooper Address: 237 Kingfisher Lane, Haines City, FL 33844 The foregoing instrument was acknowledged before me his 28#1 day of April, 2008, by Gary L. Cooper, a -single man who is/are personally known to me or who has produced a as identification. FINDINGS REQUIRED FOR GRANTING A REZONING OFIVANGE IN LAND DEVELOPMENT ROPLATIONS (Sec. 70-340, page CD70:16 in the s) 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. QUQr Revised 7/08 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 Pro Appraiser Last Updated: 8/29/2008 Parcel ID: 3-21-37-35-0040-00060-0120 HX Owner & Property Info (Owner's Name 1COOPERGARYL 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 2008 Proposed Values T ��,eco �p. �� MOOR"" `f.4v "`e� _ y�5,i, - - : i"}:,°.'F k�.�t ITotal Land Area 0.162 ACRES (Neighborhood 518652.00 IMarketArea Tax District 5o IUD Codes 140 IDOR 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 863-7635548 for specific zoning information. Property & Assessment Values Mid Land Value cnt: (1) Ag Land Value cnt: (o) Building Value cnt: (1) XFOB Value cnt: (1) Total Appraised Value Sales History Sale Date Book/Page Inst. Type 4/28/2008 653/758 WD 6/1/1993 336/461 WD 7/1/1992 336/461 0 Building Characteristics $27,405.00 Just Value $0.00 Class Value, $26,014.00 Assessed $350.00 Value Exempt Value $53,769.00 Total Taxable Value Bldg Sketch Bldg Item Bldg Desc Show Sketch 1 1 1 SINGLE FAM (000100) Extra Features & Out Buildings - Code Desc Year Bit AFY N4 MTL FLR SH 2O01 Land Breakdown Lnd Code Desc 1 067SP8 I SO SIDE ST (MKT) i Okeechobee County Property Appraiser GIS Aerial Search Result: 1 of 1 2008 Proposed Values $53,769.00 $0.00 $28,169.00 (fie: HX) $25,000.00 $3,169.00 Sale Vlmp Sale Qual Sale RCode Sale Price I Q $90,000.00 I Q $30,000.00 I U 03 $11,500.00 Year Blt Heated S.F. 1950 912 Value Units Dims $350.00 32.000 8 x 4 x 0 Actual S.F. Bldg Value 912 $26,014.00 Condition (% Good) PD (75.00) Units Adjustments Eff Rate Lnd Value 50.000 FF - (.162AC) 1.0011.00/1.00/1.00 $548.10 $27,405.00 Last Updated: 8/29/2008 Search Result: 1 of 1 HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I F A O I Contact Us http://www okeechobeepa.com/GIS/D—SearchResults. asp 9/3/2008 uxeecnonee t✓ounry rroperly J-iPPI-W5cr - lviap rIMMU V11 71Ji/,w0 tl—.JJ.JV I-M i asp 1 %.x L Okeechobee County Property Appraiser o 210 420 6A0 ft W.C. "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 W E PARCEL: 3-21-37-35-0040-00060-0120 HX -SINGLE FAM (000100) SOUTH OKEECHOBEE LOT 12 BLOCK 6 <`:°_; Name: COOPER GARY L LandVal $27,405.00 Site: 909 SW 2ND AVE, OKEECHOBEE BldgVal $26,014.00- %GIANINNAAMITCHELL ApprVal $53,769.00 :> "x• Mail: 909 SW 2ND AVENUE JustVal $53,769.00 _� �- � <,; : _;•',, OKEECHOBEE, FL 34974 Assd $28,169.00 r="• Sales 4/28/2008 $90,000.001 / Q Exmpt $25,000-00 ;_; •qr Info 6/1/1993 $30,0W001 / Q Taxable $3,169.00 7/1/1992 $11,500.001 / U This information, Last Updated: 8129/2008, 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. http.//www.okeechobeepa.com/GIS/Pnnt Map -asp?pjboiibchhjbr,1igcafcejfhoj1aehdomhtoankkim pfhbo.._ 9/3/2008 • 1375 Jack• Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Prepared for: The City of Okeechobee Applicant.' Gianinna A. Mitchell Petition No. 08-009 R Staff Report Applicant: Gianinna A. Mitchell Rezoning Request Petition No.: 08-009-R General Information `G firer' Applicant Address: 909 SW 2nd Avenue Okeechobee, F[34974 Contact "phone Nunibpt-.- 478942--,, Contact Person: Gianinna A. Mitchell Existing Proposed pia, Futurp�`.ar), Use Map COtmmer"W Cla Zoning District RSF1 CHV Si Prohassion'al offi6e`U�, tj Use'of Prcoerty Acreage 0.162 0.162 909 SW 2nd 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 I Description of the Request I The matter before the Local Planning Agency and City Council is an application for an amendment to rezone the property from RSF1 to CHV. r'lFre -mill 2MUTj�1W.TITO a] we me] P14 HIM R, P East: Future Land Use Map Classification: Commercial Zoning District: Existing Land Use: South* Future Land Use Map Classification: Exitsting'Land Use: West: Future Land Use Map Classification: Zoning District, Existing Land Use* CHV Mixed office/residential Commercial S Ieofafnily Single -Family RSF1 Single-family Staff Report Applicant: Gianinna A. Mitchell Rezoning Request 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. 0) 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 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 300 0 300 MULTI - FAMILY 1 CONWERCIAL PUBLIC FACILITIES 600 Feet 4 Staff Report Applicant: Gianinna A. Mitchell Rezoning Request Petition No.: 08-009-R ZONING MITCHELL SITE AND ENVIRONS 235 236 SW 8 TH ST. 0. I i 1;t { J H� Mitchell site CHV CPO RSF1 300 0 300 600 Feet 5 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. a • LOCATION MAP Y v { 142.50' (P & M) 6 r1� I .■ TI N rme 4LAI�, 142bo' (F & M) J_"'r-r I I �x o E�IdC'P 3HsC� `pL�A- -- -;�2 z-I> sr.) 061&2 Acres 102 0 LEGAL DESCRIPTION: LOT 12, BLOCK 6, .SOUTH 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 -OKEECHOBEE, FLORIDA SURVEY NOTES: 1. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHO\JN.'HEREON WERE NOT ABSTRACTED FOR RIGHTS D.F-,!-VAY, . EASEMEWTS, 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. 1999. 7. SURVEY NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. 8. DIMENSIONS PREVAIL OVER SCALE. CERTIFIED TO: GIANINNA A. MITCHELL FLOOD ZONE+ '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 LEGEND: FIELD WORK COMPLETED, 03/04/08 I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION • • -FOUND CONCRETE MONUMENT -FOUND 5/8 DIA. IRON ROD ASSOCIATES BOUNDARY SURVEY AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF $ -EXISTING WIRE FENCE McINTOSH AND AS SURVEYED IN THE FIELD. I FURTHER CERTIFY THAT THIS SURVEY COMPLIES WITH THE MINIMUM TEC ICAL STANDARDS SET FORTH IN -'�- -EXISTING CHAINLIEK FENCE -EXISTING WOOD FENCE SURVEYING 8 MAPPING REPARED ON THE ORDER OFF CHAPTER 61-G-17-6 BY THE FLO A BOARD OF LAND SURVEYORS -CENTER LINE 325 SW SOUTH QUICK CIRCLE RIVERSIDE NATIONAL BANK PURSUANT TO SECTION 472.027 F R A STATUTES, AND THAT THERE FFE -FINISH FLOOR ELEVATION PORT ST. LUCIE, FLORIDA 34953 ARE NO ABOVE GROUND ENCROAC EN S OTHER THAN SHOWN. pSM -PROFESSIONAL SURVEYOR AND MAPPER AND (772)878-7568 SCALE: DRAWN BYi FILE NO.l DATES o8 (fax) (772)343-1091 Cfax) BY, R/W PC -POINT OF CURVE CERTIF. OF AUTHORIZATION NO. LB7332 1'=20' TMW 4000 REGISTERED LAND SURVEYOR p -DELTA ANGLE FLORIDA REGISTRATION #4015 L. X 0.00 -ARC LENGTH -TYPICAL ELEVATION GEORGE M. AYLOR, JR. R.L.S. n U NEWSPAPERS OKEECHOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE NT 107 S W 171h 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 Po (0*11( (_ W) ti ce in the matter of v I (L C_ fU ©`-f - ( � 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. �6rn)to and subscribed before me this / day of A kI VeMber AD ;:Z-4'� k ary Public, State of Florida at Large p"PR° °e, Janetta Thiboult Commission # DD505311 o Expires January 10, 2010 OF tti� Bonded Troy Fain Insurance krc 800.385.7019 (863) 763-3134 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the Cy Council of Ore City of Okeechobee, Ron( r Tuesday, December 2, 2008 at 7:00 p.m. a as soon thereafter possible, i all, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on and ther consider final reading of the following Ordinance into law: NO.1035: AN I RNCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL IG MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND I UITICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE F) IMF1 AND HOLDING (HI ZONING DISTRICT TO LIGHT COMMERCIAL ICLTI the Ordinance is regarding Rezoning Petition No. 08-010-13, submitted by proper- om Residerrtiaf andMulOde FamilNyu (RMF) and Ho1Mng (H) n to toM Commercialctlange the �(T) for p operty located West of Taylor Creek between Northeast 2i d and 3rd Streets and Northeast 7th Avenue,.0 is approximately 1.74 acre(s). AN members of the pudic are ancoumged to attend and participate in said hearing. The proposed O dihe may be inspected m ds er s ho try members of fhe ppuublic in the Office of the City Clerk during regular business hours, Mon-fii, Sam-4:30pm, exceepptt for holidays. PLEASE TAKE NOTICE AND BE ADVISED that O any person desires to appeal any ne' decision made by the City Council with respect to any matter considered at this hearing, such irderested person will creed a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings s 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 Clark. In accordance with the Americans with Disability Act (ADA) and Florida Statutes Lazne Gamiotea, CM 11641 ON 11/21/08 call REVISED AS AMENDED 11/18/08 DEC 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 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, 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 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 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 Light Commercial (CLT) 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, 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.1035 -Page 2 of 2 NovEMBER 12, 2008 PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS- PAGE 2 OF 3 ' �� r ,; ,. . � r :. • ,�...,.. w ` ,O .��.. x � &� ' >�Z' : � • � er .a .fix° • �i' ^, INi:'., 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 2" 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°i Avenue - Planning Consultant. There 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 2' 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 P Ave both addressed the Hoard and were opposed to the commercial rezoning. •sue b. .�.. e:';xY x +..F:4:1 r. 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'll any person desires to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are for the sole purpose of backup for official records of the Department. Devin Maxwell, Chairperson ATTEST: Betty J, Clement, Secretary NOVEMBER 12, 2008 PLANNING BGARDIBOARD OF ADJUSTMENT AND APPEALS - PAGE 3 OF 3 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. There were no additional proposed amendments to the LDR's submitted. 0 City of Okeechobee General Services Department 55 S.E. 3' 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): n Date: in /1/1() V I Fee Paid:/,5�b, bd I" Hearing-� 'P Publication Dd s: ` Notices Mailed: Owner mailing address: Iejn {,ORTq PA R Ror-r Avt , OV FF( Name of applicant(s) if other than owner Applicant mailing address: %1() NORT Y t7A RRn7t- AVE 1(VW( e-mail address: NUME 7 D 3 0 FA%2T[41 .i nl l,�. NF-I' Name of contact person (state relationship): j(N De jy Contact person daytime phone(s): 8(o,5- q�P'i' Petition No. Q (f O/O- K Jurisdiction: 2' Hearing: i Property addreWdirections to property: i0 EgSr TO +vE '7 T11 AV E LE FT , J u5T N AM D BAST" Or- N E ?-N") AM -el- - 6-i i--'R0J G70T ('EAST- Si Dl�- OH ')T14 ) Describe current use of property: s1NfilE FAMILY NORAE 4 VACAM Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. TOM E 4 e7ARAC-+E TD BE- VACAT1= D w IT-H 1 r1 lP 0 Dgy5 At4D DkMUt.1 4r-o Approx. acreage: 1, -73 i Is property in a platted subdivision? Is there a use on the property that is/was in violation of a city or county ordinance? If so, describe: N 0 Is a pending sale of the property subject to this application being granted? Describe uses on adjoining property to the North: North: Moo+ H6Mt a vAcPwT- LOT East: T<tyi OR COE-EK cNrKEtz\ South: Wranir PRrPrR y u�,O 1 West: 7" Ale Existing zoning: F a r(e L n Future Land Use classification Request is for: Rezone (__) Special Exception C_) Variance 3-%5-37-35-00r0- o0010--01--)11f Parcel Identification Number: -';•./5-37 - 3S-c>O + O- c 00I a -- oO 1 K _ Ag5TS . Applicant's statement of interest in property 0Wt4&tZ Revised 7108 Page 1 of 10 18 19 20 21 22 23 23 24 25 26 27 128 29 30 Non-refundable application fee: Rezoning $500; Special Exception: $250; Variance: $250; all plus $30/acre -,-00 t .iv = 4.5Wa -- Note: Resolution No. 99-11 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) N /A Three property surveys (one no larger than 11" x IT) 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) I ✓ Current zoning classification: R M F / 4 Requested zoning classification C H V What is the desired permitted use and intended nature of activities and development of the property? C om M ER C lAL Is a Special Exception necessary for your intended use? K 4 Is a Variance necessary for your intended use? N O Applicant's materials addressing required findings for granting a rezoning (attach). Describe the Special Exception sought: Are there similar uses in the area? If so, describe them: 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: Revised 7/08 Page 2 of 10 31 1 Applicant's materials addressing standards for granting a special exception (attach) 32 1 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 1 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 tore Printed Name Date je AMITA NVAIEL 10`����� Revised 7/08 Page 3 of 10 Petition No, by-0 J0 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 I and the assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. 1 therefore attest to this ;2n rh day of 007 opeR 7—nQ9 -A-�,& S!Wat&4 of Applicant Date ' AAJITA A-A,,,VEZ Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this � day of n CTDQj'jFR 20U6 . 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 (1W)FWdeNolaryService.Com Revised 7/08 Page 8 of 10 �t 0 At rivf 00 Tbb Docuneat Prepared By and Retarn tot CO3MLY a CONXLY, P.A. TOM N. CONRI;Y, III 401 N.N. 6TH STRENT P.O. 1367 �d.]s FL 34973-1367 nnnn0 V` Boa FILE NUM 397902 OR BK 00511 PG 1153 SHARON ROBERTSON? CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY. FL RECORDED 09/18/2003 0052:40 PM RECORDING FEES 10.50 i1T6 DOC 385.00 INTANGIBLE TAX 220.00 RECORDED BY N Arnold �O � Real Estate Mortgage THE MORTGA this 27th day of June A.D. 2003 between DAVID NUNEZ,}ad ANITA S. NUNEZ, his wife been called ed Mkpilo, FEED➢B.oCLEofhe sum wined m hpmdasoryrote herendescnbed received 6m e post office address is Poet Offica BOX 1033, Inverness, FL 344 herein a➢cd Morgagee. (she terms and 'Mottgsgee include a➢ pa)fin In each Capacity to this instrument and their respective belts, personal rer"eantivet, soccessma . tle term 'note' includes a➢ promissory notes described herein) MmWgw beift mortgages to Mortgageemerwlptopettyin Okeea sty, Florida ,desrnbedas: See Exhibit aAm atta Ohersto. THIS IS A PURCHASE MONXMRST MORTGAGE. IF A CONVEYANCE SHOULD BJ 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 MORTGAGEE SHALL REQUEST, THffid IL•i SUCH AND AT THE OPTION OF THE MORTGAGEE. ALL SUMS OF MONEY HEREBY SHALL IMMEDIATELY AND CONCURRENTLY WITH SUCH CO �j BECOME DUE AND PAYABLE. MORTGAGOR SHALL FURNISH A PAI=C 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. TOGEMM with all essernrnls, concocted therewith, improvements now or hereaft made thurso, fixbmea ansdied tlserem. any Rtmitme or liumahmp located tha'on or therein std my reversions, Menindent r®u, issue, and profits thereof as security for the payment of the promissory nom a copy of which is attached. AND Mortpgorhereby covenants: I. That Mortgagor is in actual possession and tetud of said real property in fee simpb with full power and lawful right to mortgage the same: that said property is flee Sour all ➢ems and exuminatices except as set forth herein; that Mortgagor tl➢y warram the tide to said real property and will defend the same *ph=lawful claims *fall persons wbomsomer. 2 To pay all money required by said time and ids matgaga, or eidwc promptly when doe. 3. To pay all taxes, assessments, levies, liabmtins, obligitions rod awturbrances of every description now on or which may hereafter accrue on said property, this mortgage and the debt accused hereby, or any of thou, when due. If any past thereof is not paid when doe, Mortgagee may pay it M01"it waiving cite optlom to fineekatc d* trnrtgage or say other not hereunder. 4. To pay all costa and expaaa together with reasonable nmmey'a fees (mcl ding appellate proceedings) incurred by Mortgagee because of any defanh by Mortgagmu der this mortgage and said note, err either. 5. To keep the, improvements now or hereafter on said property insured against loss by fire or other hinds included in the toms 'exlended overages:' and "ocher petits" in the amour secured by this nmrtgage by an insurer approved by Mortgagee. The policy shall be held by and made payable to Mortgagee by standard New Ybrk mortgagee clause without contribution as Mortgpgen's in== ®y appear. If any DOaty becomes payable under such policy, then all checks for said nnncy will be mede payable to Mortpgm and Mortgagee and slit proceeds shall be fast applied to resmre the mortgaged property m the cooditim It was in®adiately before the lens occurred and if there be any excess or if the property not so restored then Mortgagee my apply the same to the payments hst due on the debt secured baeby or may permit Mortgagor to use it or my part dtaeof, for other proposes without waiving or impairing any lien or right hereunder. If Mortgagor falls to obtain such pollcy, Mortgages may procure it and pay therePor withoutwaMug the option to forohse this mortgage or any otherrightherennder. 6. To permit commit or suffer to waste, impairment or deterioration ofsaid property or any put thereof. 7. That if said property, or arty pint datoC is taken by eminent domain, Mortgagee she,➢ have the right to twelve and apply on money paid for such taking to the payments hst due on the debt secured hereby or ®y permit Mortgagor to we it or any part thereof, for odw pusyosa without waiving or impairing any ➢eat or right under this mortgage. If the remaining part of said property is inadequate security for the unpaid balance of said debt Mortgagee trey accelerate payment thveoffmmediately. 8. That if Mortgagee shall hold another mortgage or Hen on said property, a default under such otber mortgage or lien shall constitute a defanh trader this marriage also. Any defau$ under this mortgage shall likewise constitute a defiuit under such other mortgage w lien. If foreclosure proceedings tinder any mortgage or Ben (whether held by Mortgagee or another) affecting said property at instimmd, this sba➢ constitute a defautk under this mortgage. 9. That Mortgagee may forbear to enforce deAults umde, this mortgage and said note, or either, or may woad tle tine for payment of my money secured hereby err may take other or additional security and may deal directly with any owner of said property in an respects pertaining to this m spp ad said note, w tither, without notice to or the consent of soy person rmble udc dais mortgage and said nee, or either, and witbout dschaging or affodng the liability of aay person liable under ids morlgnge and said note, or either. twe. cmoamarowrrrsrm+err. too tso)� v.,svr:anra OR BK OCti511 PG 1156 EXHIBIT "A' L! 7, 8 and 9 ofBlock 147, OKEECHOBEE, acc ordingto theplat thereof recorded inPlat Book , public records of Okeechobee County, Florida. �n(0 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 on" the East line of said Lot 9 to the Southeast comer of said Block 147; thence run South to the Northeast comer 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 thence run Northeasterly, along saidWestemshoreline, tothe intersection withthe Easterly on of the North line of aforesaid Lot 9; thence run West, along the attended North line of said Lo90 p the POINT OF BEGINNING. �C �o O U�pn MORTGAGE NOTE s 110,000.00 Okeechobee Florida June 27th, 2003 FOR VALUE RECEIVED, the tundwrig of Goiotly sad seventy if more that one) promises to pry b FRED B. CAGLE or order, in the manner henimstter specItied, the prncipal sum of ONE TEN THOUSAND AND - - _ - - - - - _ _ - .. - - - -NO 110oDGUARS (f 1 00.00 ) with latettat5omdata attharateof —0— per cent per ammum on the balance from time to time retaining OidprheipalandintaatahaDbepayabbiatawfidmooeyofftUmkdStat sofAmericaat Post Of Box 1033, Inverness, FL 34451 or at such place as be designaW by written, notice ftm the holder to do maker bawC an the daft andntthe maoerfollowmg Payable nthly installments of $15,000.00 each commencing on the 27%. July, 2003, and a final installment on the 4th month in the amo f $65,000.00. THIS NOTE MAY REPAID IN WHOLE OR IN PART AT ANY Tn%R WITHOUT PENALTY. (V� �O 0 (06 This note with interest is seared by a mortgage on tram estate, of even date herewith, made by the maker hereof in ttwor of the said payee,andsballbeconstracdand enforcednccotdingwthelawsofthestateof Florida If default be made in the payment of any of the sums or interest mentioned herein or in said mortgage, or in the pofenaoce of any of the agme eats contained Imam or in said mortgage, than the entire pdcelpal arm and seemed interest shall at the option of do bolder hereof become at once due and collectible without notice, One being of the essence: and said principal sum and accrued ioaet shag both bear interest Am such time until paid at the biglmst rate allmmbie under the laws of the State of Florida Failme to exercise this option shall not coostitmte a waive of the right to eiacise the same in the ovum of any subsequent default. Each person liable hereon whether taker or endorser, hereby wove prwcnu=, protest, ounce, notice of protest sad notice of d1s- 0 boron and agmes to pay all costs. including a r amable anwney's fee, whether aft be brought or not, if, after maturity of this note or defaait 0 hereunder, wuader said tmrtgegq coned aha0 tea am4bYed to collect this note or topmotxt the security ofaaid vnrtgagm µ whaneva used hemin the to "®herd' and "payee* 4" be cosvued in the singular or plural as the contest my nqui e or admit m+ Main's Address R (seal) 2085 S.S. 4th Street DAVID NUNEZ, Okeechobee. FL 34974 h+ ANITA 6� ON=-CA8LR1 t.wrG—dyeoe,tgara.mc — moo lsolxm-sass �tvnw-n Men Real Estate Mortgage -Page 2 OR BY, 00511 PG 1154 10. (be rend. INORK -our, imrm and envenom of said property (�u�g my p -o-1 pq-q band &am or therein) me awlg further security for the payment of the debt seemed bereby wisp the right (bat no duty) m rho part of Mmtpgee a demand pA receive ad on said debt at any time after a dehalt hereunder. If suit is Instituted to faecbse or rdkm this mmvp or b delaodm the validity or Mortgagee sball be entitled to appoh mto t of a receiver pedente fsa without notice for said pmpety and of all reins, umorne, profits, itsua revemr thcoC It is aaveaanted and agreed that do cmat sball forthwith appoint a ncmw of said property and of sorb rod, Wcml% and mveoum Such appob*ncm shall be ride as a natter of strict right to Monpgee withom nine= to the adcgrocy m mdetimyofgm paoperyherebymorigagedabtosolvencyorinsolvencyofMmtpgw 11. That if arm imoiving said nod and this mm%NM oreithe , wberem Mmtpgee imcoo any o (Nprdlm of whethe or rot kpl proceedings aro or if any w*o orprocedbg (ixlodtng appellant proceedhw) shall be m8odioed by may pesos other than Mprtpgo whaeia A&r% pe is . all mWemes incurred by Martpgee to prosecute or defend the dghm created by this mmtpp and add tad, oreither, wgcdw with fem and cord, whetter sme be rendered for negotiation, hlal at �m wink, ahaf be paid by Mortgagor. 12. Thattfasq hereby is mot My paw within THIRTY (30) days after itbecomesdoe,errifmaycovenant or agRemeet of mid note and this or titter, is btach4 Mortppo shell bave the option to toWermtt pgwcm of the entire priociptl red any other MOM secured hereby as . dine sad paymble wid and notice. Time is of the ess®ce of this aartpst Any payment made by Mmtpgw tinder pampVbs 3, 4, S, or I aball u tht mwdmom kgd ram from the due of payment and sbmil be seared by this mostgaga No waiver Of or hDRIC m enforce a" debuh or rode this tmatpge and said Bork or eitbe; .hill Constitute a waiver of m y subsequent default m of tint term of tither Wnummt. If there is may between the terra of thin mortgage ad said note, the' of this rmtgge since ptevnl. In Witless Whereof, therm her losettheirbadsadscabthedayandyearfrst.lovewriam Signed, seeded and delive inI'a our o EVA MAX CONELY (S-D DAVID N@U;> JR. Witness P.O. 2M&IL 4th Street. Olwedmbea, FL 34974 T II Q .r (Semi) ANITA S. NUNEZ 4 P.O. Address: 2065 S.B. 4th strut, Okeet FL 34974 STATE OF FLORIDA COUNTY OF ormcsoms The foregoing Dent wain mclmowkdgd befom on th® 27th day of June , 2003 by AAV2D NUNEZ, JR. and ANITA S. NUNEZ, his wife win are persovalb known to rot 41 EVA MAE CONELY Notary Public my cormrdssioa Expirm: 12 / 12 / 04 NUNEZ-CAGLEI f+" EVAIMAECMY myCow SSmCC98m EIfPIHE3DBceaber12,2004 ttracer �ttrt.tneeme..t., l 0 mAb,Offi, ,Syarn b. 2 (80)7b1-5535 Fain FI�2 WM NAME OWNADDRI SUAREZ JERRY W 3679 NW 6TH AVENUE ABC PROPERTIES, LTD PO BOX 593688 AZBLUE LLC 1265 SE 21ST STREET AZTECA #3 INC 605-625 EN PARK STREET AZTECA #3 INC 605-625 EN PARK STREET AZTECA #3 INC 625 NE PARK STREET BREWER KAY CARRINGTON & MARIAN 201 NE 8TH AVENUE BROWN JENNIFER ANN, ETAL BOX 64, SPEDDEN BROWNING T R 8 ACCESS RD BHR BROWNING T R 8 ACCESS RD BHR BURDESHAW KEVIN W & CAROLYN J 602 NE 3RD ST BURK DONALD L 200 NE 6TH AVE CONRAD BRUCE F & LOUISE E 210 NE 8TH AVENUE CROSS STELLA H & LUSTER BILLY 1307 S PARROTT AVE LOT # 62 ELARDI DOREEN 203 NE 8TH AVE FANTOZZI EDNA MAE & GAINER FOR 204 NE 8TH AVE GRAY JEROME M SR & IRENE K & GRAY JEROME M JR 209 NE 8TH AVENUE GREEN HARLEY M & DOROTHY L 209 NE 7TH AVE OWNCITY OKEECHOBEE ORLANDO OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OW OWNZIP ---- -- --------- FL 34974 FL 328590000 FL 34974 FL 349720000 FL 349720000 FL 34972 FL 349720000 FL 34974 FL 34974 FL 349724575 FL 349724581 FL 349724504 FL 349740000 FL 349724506 FL 34972 FL 34972 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 OKEECHOBEE FL 34972 OKEECHOBEE FL 349720000 OKEECHOBEE FL 34972 OKEECHOBEE FL 34972 OKEECHOBEE FL 349722644 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 • 0 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 0 BOX 2743 TALLAHASSEE FL 323160000 58 records selected. 0 • 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. S. 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 Me, 6 R 4A ZIA LaRue Planning & Management Services, Inc. ;x] -T•.1 ti �_„`IOU Staff Report Applicant: David and Anita Nunez Rezoning Request Petition No.: 08-010-R General Information Mm jai+ .. ' y.- bgtact PeFs:.t:€' ;;:_:ra ns,bo_ve arnail Adelrlinkne _ ..._ _ .... _ _..0 e. _ Location: NE 7"' 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 Applicant: David and Anita Nunez Rezoning Request Petition No. 08-010-R LOTS 6, 7, 8, AND 9 BLOCK 147, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED 1N 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. 08-010-R �- - - -- Adjacent Future Land- Use -Map Classifications and Zoning District tC 'C fiaF n- I Kit ME ;;Us iW , 719A, =J M io M NOW Wast: F-itp"'. - -nd, e'Iti{cation: S 11", --V Analysis: 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: Staff Report App9cant: David and Anita Nunez Rezoning Request 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 Rezonlhg Request Applicant: David and Anita Nunez Petition No. 08-010-R 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, cafe, 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. 5 0 Staff Report Applicant: David and Anita Nunez Rezoning Request 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 foi 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 n i Staff Report . Rezoning Request Q FUTURE LAND USE C3Nunez site SINGLE - FAMILY MULTI - FAMILY COMMERCIAL w Applicant: David and Anita Nunez Petition No.: 08-010-R FUTURE LAND USE NUNEZ PROPERTY AND ENVIRONS -' S.�.l0 300 0 300 600 Feet 7 n Staff Report Rezoning Request 0 0 Applicant: David and Anita Nunez Petition No. 08-010-R ZONING NUNEZ PROPERTYAND ENVIRONS R F RIB F RMF U NE 2nd St. (i Iaper street) ZONING Q Nunez site CHV CLT 0 RSF1 - S. R. f 0 300 0 300 600 Feet -. IIIB_L9. :1(1r� ,OBB-L`JN_49B :3Xk'd !, 441 _ 4b19•Pl 8C14• U7d"fAYFFJO �,'JSaN��..U����--13���19 - �1 � jaml!) Jv013101.i 11�'II1�9 "A�I13y09 -- �73 SL7 S./ IY./ I r1Ur �./V�`+� �lPpnrpeN lHl�I�nYW �NLL10.11/UZIIY�Y �NY 4101511E on/6N 1NNN m/zz(tl61l a11u012 . m [J�lYk�`7i%( l4jR!/fjTTj(/f1 MIN VLINY S OIHO ONS s3m atmats ]w f���1�W+1��'��R{��(� •u��� ��j��1a��� , 11D1 OEwEa 14W90 :. 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Y.YI u"o"^ -u ( Ifil 1/1 is v o KW4100-94C-211-e . le+w (31.26'of 32C.rc21s wJNwwrl:fdlk -. `JR r+JwNYlln dNj1p LAd ,W ,W 01 (11<1 f6 3.{0.[53M Nl NI (31.2[TiOI 3.10.19.WI1 • 1 101 >s 3� .0 6t f 6 101 9 10-1 z 10 r O (l3.561013-%Av A% r) WMN C NIA- SII .11 33131 �- M131 tl31w- M 0119 310 -J`- MIfK N1m- m 1111'im'`Nlw N NM A A1-wl MW 131 3+NmY9 ]AI Y3101- 11 Y3Yf iaa- J1 IIONw- M Nrl N1136-( 07A uw SY-101 im 10 S MI MS tl31 St-111 30613N mil /-I11 3] ANSI + NSW "03-MU 11 331NA 3NNWl3l m11M 3111ao-ulW-ti :rl IYIY MI.YI Y tSw w7n Las tlNAAI 004 ME-M Sm INVII IN 3L3Gwf90 ONOd lN3NINI 313r w-- Md VANS w3tNNE- LN3NNON 33Ut3131 wTNINMH I —A 333-jW),W1 3N3N I O - 'N11dLL Nwil A 3F35 __ or0 SI OC IV • ZONING NUNEZ "SHOPPES ON THE BOARDWALK" AND ENVIRONS NE 3rd St. Subject Site CBD CHV CLT CPO H IND PUB RMF RMH RSF1 Q 2 w 00c1� r}5 J z NE 5th St. 111 NE 4th St. 300 0 �5� JJ1 CD NE 2nd St. (paper street) 1 300 600 Feet FUTURE LAND USE NUNEZ PROPERTY AND ENVIRONS NE 6th St. I zImo— iJ NE 5th St. ' 1111 I = = NE 4th St. ZI � z EWSt. w aUj l� L m z NE 2nd St. (paper street 1 FUTURE LAND USE 0 Nunez site 0 SINGLE - FAMILY ® MULTI - FAMILY 300 0 COMMERCIAL I mmmolli 300 600 Feet 7 VEC2-f READ - EXHIBIT NO. JAN 6 - FINAL - ,EXHIBIT NO. ORDINANCE NO. 1037 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA EXTENDING THE OPERATION OF ORDINANCE 1019 AS PREVIOUSLY ADOPTED; PROVIDING FOR EXTENSION OF TIME IN WHICH DEVELOPER PROVIDE EASEMENT TO THE CITY OF OKEECHOBEE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee adopted Ordinance No. 1019, which ordinance closed or vacated a certain street within the City at the request of developer David and Anita Nunez, being Northeast 2" Street from Northeast 7th Avenue East to the dead-end as situated between Blocks 147 and 148, to facilitate the construction of a new commercial building on the site of developer; and WHEREAS, as is typical for such ordinances within the City, provision was made for a reverter of the street closing to cause the subject street to revert, and re -open for public use in the event the developer did not provide the City an easement over the closed street, or proceed with construction plans; and WHEREAS, in this instance, the developer through oversight neglected to provide the City an easement over the street within 60 days of passage of said Ordinance; and WHEREAS, the subject street would be considered re -opened due to this oversight, but the City does not wish to require the developer to commence the street closing process over again, and it is in the best interests of the City to extend Street Closing Application No. 88 of Ordinance No. 1019; NOW, THEREFORE, BE IT ORDAINED by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section One That Ordinance No. 1019 as previously adopted is amended to permit developer to provide an easement to the City over the closed street, and the date for such easement is extended to and including January 31, 2009; to cause the subject street in such ordinance to remain closed to the public as provided for in said ordinance, to facilitate the final construction of developer commercial structures. Section Two. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Three. This ordinance shall be set for final public hearing the 61h day of January, 2009, and shall take effect immediately upon its adoption. Ordinance No.1037 - Paae 1 of 2 INTRODUCED for first reading and set for final public hearing this 2 "d day of December, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this 6" day of January, 2009. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1037 -Page 2 of 2 • X146 - 6 4M dwoh a{� 0� fx((Y/�J S D,- FIYrM Gu:f Coast U C.:F H7 Cr._Uri ,Y BV`NL The SBDC and Okeechobee- A Partnership for Economic Prosperity The Small Business Development Center at Florida Gulf Coast University, in cooperation with Indian River State College, will provide a variety of business related services to residents of Okeechobee County. Services Provided • Free, Confidential, one on one business counseling • Free or Low Cost One Day Seminars • Business Planning • Marketing Plans • Market Research The SBDC works in partnership with local lending institutions as well as city and county economic development agencies to assist in the economic stability of the area. Through these partnerships additional businesses start, new jobs are created, and a broader base of economic stability is established. A majority of our clients come to us as referrals from these partnerships or as attendees from one of our seminars Seminar Tonics • FAQ of Starting A Small Business • What is a Business Plan and Why Do I Need One? • Doing Business in a Soft Economy? • Business Idea or Real Opportunity? • Customer Service- A Lost Art • Custom Designed Seminars for Clients For Assistance or Additional Information Contact: Sean Moore 863-517-0097 or spmoore@fgcu.edu The SBDC is a partnership program with the U.S. Small Business Administration and extended to the public on a non-discriminatory basis. SBA cannot endorse any products, opinions or services of any external parties or activities. • November 5, 2008 To: City Clerk From: Osiel Torres Please consider this a T ank you, EC 2"v AGENVA . EXHIBIT NO. rmanent member of the Planning Board. to be a pe • City of Okeechobee SS SE 3'd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email: bwhitehall(a-)�citvofokeechobee.com *****Memorandum ***** 81916� Date: December 2, 2008 TO: Mayor and City Council City Clerk City Atty � � I FR: City Administrator J RE: Dec 2nd Agenda additions *Pls add agenda items: Motion to accept financing proposal for twenty-two (22) vehicles from Key Government Finance, Green Cove Springs, FL (formerly Popular Leasing) (no other quotes were rec'd)... see attached Exhibit 5. Motion to approve a street closing request from the Okeechobee Chamber of Commerce for the Christmas parade and festival on December 13th, closing SW 2nd, 3rd and 4th Avenues between North and South Park Streets. See attached Exhibit 6. • • ADDED ITEM EXHIBIT 5 DEc 2, 2008 PROPOSAL FOR VEHICLE RENTAL PROGRAM COST PER CAR I'EHICLE RENTAL PROGRAA1 Assume a full 12-month lease Yearly Lease Cost (per car) Purchase Price Alter First Year (per car) Purchase Price After Second Year (per car) Purchaser Price After Third Year (per car) Purchase Price After Fourth Year (per car) ITEMS $20.000 $4533.32 Year 1 $4533.32 Year 2 $4533.32 Year 3 $4533.32 Year 4 $4533.32 Year 4 $16685.65 $12956.63 $8792.96 $4514.94 LISTANYADDITIONAL COSTS LIST ALTF.RNATI[ "E,S AND OPTIONS COST Proposal is subject to credit approval and documentation acceptable to Key Government Finance (KGF). The interest rate of 5.434% is indexed to KGF cost of funds and will be set for the term at closing. Payment schedule attached f6r quarterly payments in advance SIGNATURE: TITLE: Lease Manager - South AGENCY: Key Government Finance DATE- November 17, 2008 ADDED ITEM • • EXHIBIT 6 55 southeast 3id Avenue * Okeechob DEC Z, 2008 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. Name of Applicant Address Name of Property Owner Address Street to be Closed Dates to be Closed Time(s) to be Closed Purpose of Closing Attachments TEMPORARY STREET AND SIDEWALK CLOSING Qhaftber of 03T12roe , 55 Saith Parrott Avenue City of CkCMJ J.az 55 Sakheast 3rd Avenue SW 2r1, 3rd, 4th Avemes, btm N & S Pk Sr Dgomber 1.1. XM F;yn —Rrm Today's Date 12/1/D8 Phone(P) 1-)63-6464 IPhone(s) I Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications) If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks) mwClean-up is required within 24 hours. v�rNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. u�R'No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. ugrThe City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. awDumpsters and port -a -lets are required when closing the street for more than 3 hours. • PUBLIC WORKS DEPARTMENT I Authorized. Signature Date POLICE DEPARTMENT Authorized Signature FIRE DEPARTry Signature Donnie Robertson, Public Works Director Typed Name & Title . I I Dennv Davis, Chief of Police Date Typed Name & Title &- Ace-12j, RPrh sm; th . Fire Chief Date Typed Name & Title Occupational and/or State License Verified: ADMINISTRATION �- la _/ ,(y I *'Z /-D�7 Brian.. Whitehall, City r Administrator bate • i yped Name & Title CLERK'S OFFIC11 E Q 0- Uff /a- 1,21/ /07 Authorized Signature Date APPROVED/DENIED BY COUNCIL ON: Revised 8/05/03 Lane Gamiotea, Citv Clerk Typed Name & Title