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2008-10-21
AGENDA I. CALL TO ORDER - Mayor: October 21, 2008, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor John Hodge, Abundant Blessings Church; 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. s A s Mayor Kirk called the October 21, 2008 Regular City Council Meeting to order at 6:00 p.m. Invocation was offered by Pastor Hodge of the Abundant Blessings Church; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Absent Present Present Present PAGE 1 OF 10 A. Motion to dispense with the reading and approve the Summary of Council Council Member L. Williams moved to dispense with the reading and approve the Summary of Council Action for the Action for the October 7, 2008 City Council Regular Meeting. October 7, 2008 City Council Regular Meeting; seconded by Council Member C. Williams. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. OCTOBER 21, 2008 - REGULAR MEETING - PAGE 2 OF 10 II . `AGENDA s < III COUNCIL ACTION -DISCUSSION -VOTE II V. WARRANT REGISTER - City Administrator. A. Motion to approve the September 2008 Warrant Register General Fund ...................... e......... $476,291.82 Public Facilities Improvement Fund ............... $329,657.39 Capital Improvement Projects Fund ................ $83,837.65 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. Council Member Watford moved to approve the September 2008 Warrant Register in the amounts: General Fund, 'four hundred seventy-six thousand, two hundred ninety-one dollars and eighty-two cents ($476,291.82); Public Facilities Improvement Fund, three hundred twenty-nine thousand, six hundred fifty seven dollars and thirty-nine cents ($329,657.39); Capital Improvement Projects Fund, eighty-three thousand, eight hundred thirty-seven dollars and sixty- five cents ($83,837.65); seconded by Council Member Markham. There was no discussion on this item. KIRK - YEA C. WILLIAMS - YEA MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? New Business Item E was added for the Administrator to update the Council on Goody's/Oaks Plaza Development. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:04 P.M. A. 1. a) Motion to read by title only, proposed Ordinance No. 1029 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 1029 regarding Application No. 08-005- Application No. 08-005-SSA, submitted by Danny Creech on behalf SSA, submitted by Danny Creech on behalf of property owner Jerry Suarez, for a Small -Scale Amendment to the of property owner Jerry Suarez, for a Small -Scale Amendment to Future Land Use Map of the City's Comprehensive Plan from Single Family to Commercial; seconded by Council the Future Land Use Map of the City's Comprehensive Plan from Member L. Williams. Single Family to Commercial - City Planning Consultant (Exhibit 1). 11 b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1029 by title only. Attorney Cook read proposed Ordinance No. 1029 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLOR/DAAMENDING THE CITYOFOKEECHOBEECOMPREHENSIVEPLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PART/CULARLYDESCR/BEDHEREINFROMSINGLEFAMILYTOCOMMERCIAL; PROVIDINGFOR/NCLUSION OFORDINANCEAND REVISED FUTURE LAND USE MAPIN THE COMPREHENSIVEPLAN; PROVIDING FORAN EFFECTIVE DATE." OCTOBER 21, 2008 - REGULAR MEETING - PAGE 3 OF 10 II :AGENDA I�I COUNCILACTION -DISCUSSION-VOTE I� VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. a) Motion to adopt proposed Ordinance No. 1029. b) Public comments and discussion. Council Member Markham moved to adopt proposed Ordinance No.1029; 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 application, which specifically addresses Lots 7 to 12 of Block 116, City of Okeechobee, and; unplatted Parcel Identification No. 3-15-37-35-0010-00010-001 D, total acres are approximately 1.50. Application No. 08-005-SSA was reviewed by the Planning Board on September 18, 2008. The Board recommended unanimously to the Council that the application was found to be consistent with the Comprehensive Plan. It would be noted that the application was originally submitted by David and Anita Nunez. The application could not be processed because an earlier small scale was approved on adjacent property owned by them. This is prohibited under Chapter 163 unless one year had passed since the earlier approval. Consequently, Mr. and Mr. Nunez transferred ownership to Mr. Suarez so the application could be considered. It is our understanding that the intent of this small scale request is the same as originally related to us by Mrs. Nunez and therefore the following analysis is based on that supposition: A. Consistency with the Land Use Categories and Plan Policies. The intent of the Future Land Use Element and Map is to manage future growth. In implementing the Plan, Policy 2.2 recommends that the City protects the use and value of private property and environmentally sensitive areas from adverse impacts of incompatible land uses, activities and hazards. In addition, Objective 12 states thatthe City shall encourage compatibility with adjacent uses, and curtailment of uses in consistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. In its earlier approval of the small scale application submitted by Mr. and Mrs. Nunez, the City determined such actions to be consistent with the Comprehensive Plan, at least in part because the change would allow for extension of commercial northward along Taylor Creek in an unified manner, potentially encouraging redevelopment in the area. However, approval of the current request will envelop the property to the south on three sides by commercial property. B. Adequacy of Public Facilities. Potable water and sewer is available to the site through the Okeechobee Utility Authority. Solid Waste is sufficient as there have been a number of instances in the recent past where the capacity of the landfill has been confirmed as being capable of accommodating new development. Traffic appears to be able to be met. However, that will be addressed in detail during the site plan review. C. Compatibility with Adjacent and Nearly Land Uses. The Future Land Use Designation to the North, South, East and West is Single Family. Zoning districts to the North, South and West are RSF-1, to the East is RMH. The existing land use to the North is Apache Air boats, to the South is a mobile home and vacant property. To the East is Taylor Creek and then River Run Mobile Home Subdivision. To the West is vacant. Planning Staff is reluctant to suggest that the proposed change is compatible with adjacent and nearby land uses. 19L OCTOBER 21, 2008 - REGULAR MEETING - PAGE 4 OF 10 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public comments and discussion continued. COUNCIL ACTION - DISCUSSION - VOTE It is a change to the Future Land Use Map that leapfrogs over property designated for residential uses and which will 'result in such property, presently used for residential purposes, being enveloped on three sides by potential commercial development. However, during the Planning Boards public hearing it was stated that the "fish house," which occupies the easternmost part of the subject property, has long presented a problem in terms of compatibility with surrounding future land use and zoning patterns. The proposed change will ultimately eliminate this nonconforming use. Staff believes that the requested change could be considered compatible with the surrounding area if, in the opinion of the Council, it is in the best interest of the City to promote commercial development northward from East North Park Street (State Road 70) in an effort to foster the replacement of long-term nonconforming commercial influences that inhibit redevelopment within the surrounding area. This would set the stage for changing the future land use designation of the property immediately to the south of the subject property across Northeast 3th Street. If the City envisions that it would look favorable upon the future change in the stats of the land to the immediate south of the subject property, the Staff recommends approval of the applicants request; otherwise the Staff would recommend denial. Mayor Kirk asked whether there were any questions or comments from the public? There were none. He then opened the discussion between the Council. The issue regarding the change in ownership in order to bypass the one year waiting period was briefly discussed. Council Member Watford questioned whether it was a violation of the spirit of the law. Attorney Cook advised that it was a risk on the Nunez's part, and should they be willing to take it, there was no violation of the Statute. Mrs. Nunez, of Southeast 4th Street explained that her intentions were not to violate the law, only to keep from waiting a year. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - NO C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. B.1. a) Motion to read by title only, proposed Ordinance No. 1030 regarding Council Member Watford moved to read by title only, proposed Ordinance No.1030 regarding Re -zoning Application Re -zoning Application No. 08-005-R, submitted by Jerry Suarez, No. 08-005-R, submitted by Jerry Suarez, rezoning 1.5 acres located at 701 Northeast V Street, Block 116, City of rezoning 1.5 acres located at 701 Northeast 3`d Street, Block 116, Okeechobee, from RSF-1 and IND to CLT; seconded by Council Member L. Williams. City of Okeechobee, from RSF-1 to CHV - City Planning Consultant (Exhibit 2). OCTOBER 21, 2008 - REGULAR MEETING - PAGE 5 OF 10 193 AGENDA --COUNCIL ACTION.- DISCUSSION -VOTE VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1. b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1030 by title only. Attorney Cook read proposed Ordinance No. 1030 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) AND INDUSTRIAL (IND) AZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT;AMENDING THEZONINGMAPACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 1030. 111 Council Member Markham moved to adopt proposed Ordinance No. 1030; seconded by Council Member Watford. b) Public comments and discussion. Mayor Kirk yielded the floor to Mr. Brisson who presented th Planning Staff Report regarding Rezoning Petition No. 08-005-R specifically for Lots 7 to 12 of Block 116, City of Okeechobee, and; unplatted Parcel Identification No. 3-15- 37-35-0010-00010-001 D, total acres are approximately 1.50. The applicant is requesting this amendment to Heavy Commercial. However, at the first reading, Council only approved the rezoning for Light Commercial. The proposed use is to allow a commercial office building and continued use of the commercial fish house on the subject property. The single family structure, located on Lots 7 and 8, is being stripped and remodeled to be used a s a commercial office. The fish house, located on Lots 11 and 12, is being proposed to continue temporarily as it is currently being used. Since the processing operations are only allowed in the industrial zoning district, planning staff does not believe that the commercial fish processing operation will be allowed to continue even if the property is rezoned. The following is the analysis provided by Planning Staff: 1. The proposed use is not contrary to Comprehensive Plan requirements. 2. The proposed use (offices) being applied for is specifically authorized, as a special exception, under the zoning district in the Land Development Regulations. Continuation of the fish processing operation would not be consistent with the limitations of the CLT district. However, numerous other types of business operations that would conceivably be incorporated into the commercial plaza proposed for this and the Nunez property to the south would be appropriate. 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 adjoining propertyto the south, the cumulative impacts of the entire commercial development will need to be assessed. Possible adverse impacts of this development could come in the form of excessive traffic along neighboring residential roadways. However, the intensity of the development will be specifically considered during the site plan review stage of the development permitting process. 194 OCTOBER 21, 2008 - REGULAR MEETING - PAGE 6 OF 10 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public comments and discussion continued. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacently 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. Assuming that the City would expect to view a favorable change in the land use designation and zoning of the property to the immediate south, Staff would expect that the proposed rezoning could raise the value of property immediately adjacent to the subject property. On the other hand, the proposed rezoning and expected commercial development would not have a beneficial effect if the property to the south were to remain in residential zoning and use. 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, again this would be specifically addressed during site plan review. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Which density will not be an issue, the intensity of development on the site and the other properties associated with the development of the proposed plaza commercial area will need to be considered in light of potential traffic considerations. 8. No traffic analysis has been submitted and one would not be expected for merely a small office building or even continuation of the fish processing operation. If and when the property is developed as a community center/indoor recreation facility, as an integral part of -the proposed commercial plaza, in all likelihood a traffic impact analysis will be necessary. Flooding and drainage considerations will also have to be addressed because of the property's proximity to TaylorCreek 9. The 11 proposed use has not been inordinately burdened by unnecessary restrictions. Based on the foregoing analysis, and assuming that the applicant's request forthe small scale application is approved, Staff recommends approval for CLT zoning. Mayor Kirk asked whether there were any questions or comments from the public? There were none. The Council then briefly discussed the rezoning petition. The final conclusion was that the Light Commercial was a better fit for the area since it furthers the development northward. This will require the developer to take an extra step to obtain a Special Exception, as well as being able to put special conditions on a special exception, which in turn gives some level of protection to the people that still live in the area. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:28 P.M. OCTOBER 21, 2008 - REGULAR MEETING - PAGE 7 OF 10 195 AGENDi4 _ COUNCIL ACTION DISCUSSION - VOTE Vill. NEW BUSINESS. A. Consider recommendation from the Code Enforcement Board to Council Member Watford moved to follow the recommendation from the Code Enforcement Board to proceed with proceed with foreclosure proceedings on Case No. 07-160, Arthur -foreclosure proceedings on Case No. 07-160, Arthur Davis, 1100 Block of Northwest 6`h Street (Lots 6, 7 and 8 of Davis, 1100 Block of NW 6" Street - Chief Smith (Exhibit 3). Block 18, Northwest Addition Parcel Identification No. 3-16-37-35-0160-00180-0060 and Lots 11, 12, 13, and 14 of Block 18, Northwest Addition Parcel Identification No. 3-16-37-35-0160-00180-0110); seconded by Council Member Markham. Exhibit Three was an excerpt of the October 14, 2007 Code Enforcement Board Minutes regarding Case No. 07-0160, Arthur Davis, property located within the 1100 block of Northeast 6' Street, violation of Chapter 30, Section 44 General cleaning and beautification. A fine of $25.00 per day was imposted on June 30, 2008, and has accrued to $2,700.00. (County Clerk's File No. 2008008642, recorded in OR Book 657 Pages 0840-0841). Once a fine has been accruing for 90 days the CEB reconsiders the case to forward to the City Council. The board unanimously voted to recommend to the City Council that they consider approving foreclosure proceedings. Distributed at the meeting by Chief Smith was a chronological order of steps that had been taken to work with the property owner. October 9, 2007 a courtesy letter was sent. November 21, 2007 mailed notice of violation, it was received and signed for by Cindy Davis on November 29. Property was inspected and found not in compliance on December 18, 2007, January 16, 2008 and February 18, 2008. On February 19, 2008 a notice of hearing was mailed, and signed received on February 20, 2008 by A. Davis. On March 11, 2008 A. Davis stated he did not have the money at the present time and asked for an extension, which was granted until March 31, 2008. March 20, 2"d notice of hearing was mailed, signed received on March 21, 2008 by C. Davis. March 31, 2008 inspected property, it was being mowed by Mr. William Davis (Arthur Davis' brother) in error, called A. Davis and left message for him to call the City. April 7, 2008, spoke to Mr. William Davis, stated he had not been able to communicate with his brother. April 23, 2008 inspected property, not in compliance. May 19, 2008 inspected property, not in compliance, called A. Davis home, no answer. May 28, 2008 mailed 3rd notice of hearing, posted property. June 16, 2008 notice of hearing returned not signed for. June 17, 2008 left doorknocker at A. Davis home asking him to call the City. June 26, 2008 Code Enforcement Lien Order delivered by City Police Department, signed for by A. Davis. Photographs of both parcels were also distributed, taken as of today's date. Council discussed whether or not they could separate the two parcels, as the one was mowed presently, even though it was due to his brother's lawn service doing it in error. The Council found it difficult to pursue property that was not completely in violation. Council Member Markham moved to amend the legal to delete the Lots 6, 7 and 8 of Block_ 18, Northwest Addition,_ Parcel Identification No. 3-16-37.35.0160-00180-0060: second by Council Member Watford. OCTOBER 21, 2008 - REGULAR MEETING - PAGE 8 OF 10 11 AGENDA . - 111 COUNCIL ACTION. DISCUSSION -VOTE - Il VIII. NEW BUSINESS CONTINUED. A. Consider recommendation from the Code Enforcement Board to VOTE ON MOTION TO AMEND proceed with foreclosure proceedings on Case No. 07-160, Arthur KIRK - YEA MARKHAM - YEA WATFORD - YEA Davis, 1100 Block of NW 6th Street continued. C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. VOTE AS AMENDED KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. B. Motion to approve a one-year contract with Hoyman, Dobson & Council Member Watford moved to approve a one-year contract with Hoyman, Dobson & Company regarding the Company regarding the annual audit in the amount of twenty-eight annual audit in the amountof twenty-eight thousand, eight hundred dollars ($28,800.00); seconded by Council Member thousand, eight hundred dollars ($28,800.00) - City Administrator Markham. (Exhibit 4). The contract is to complete the 2008/2009 Fiscal Year audit, and is an extension of last year's contract with a change in pricing from $29,800 to $28,800 due to the 2007 FY audit including the secondary required component of the Federal Single Audit. The auditing standings through Government Accounting Standards Board (GASB) are ever changing and the present auditors have proven they are knowledgeable of government regulations and requirements, the added responsibilities to review those additional standards and present to management and Council areas' reviewed and in need of revision. Year before last the auditors were able to present to council the finished product in April. For reasons beyond their control the audit was submitted to the City in June of this year. (Pension actuarial reports and commensurate audits were the delay). Administrator Whitehall noted he was confident with the new personnel working with the OUA and will be able to assist in expediting this process. The Council also discussed, as some point we will need to change auditors, as that is just good business practice. This company has been the auditors since 2001. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. C. Motion to approve 111 ve the Siewalk Rehabilitation Bid - City Council Member Watford moved to award the Sidewalk Rehabilitation Bid to the low bidder, Lynch Paving and Administrator Exhibit 5). Construction of Okeechobee; seconded b Council Member C. Williams. There was a brief discussion. Council asked whether this company can do this type work, and everything checked out satisfactory on their background check (references)? Public Works Director Robertson replied yes. OCTOBER 21, 2008 - REGULAR MEETING - PAGE 9 OF 10 �) AGENDA II{ COUNCIL ACTION - DISCUSSION.- VOTE Vlll. NEW BUSINESS CONTINUED. C. Motion to award the Sidewalk Rehabilitation Bid to the low bidder, III Bids received on October 15, 2008 for unit price per square foot were as follows: Lynch Paving and Construction of Okeechobee continued. Company Name Removal Parks Construction $2.00 Brooks Waste Management Inc. $1.00 Sanders Concrete LLC $1.64 J&L Custom Construction, Inc. $1.75 Lynch Paving & Construction $1.35 Sunshine Land Design $1.00 Lozano Builders LLC $2.27 KIRK - YEA C. WILLIAMS - YEA Replacement Extension $5.25 $7.25 $4.00 $5.00 $5.26 $6.90 $4.50 $6.25 $2.75 $4.10 $4.50 $5.50 $4.12 $6.39 MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. D. Consider a motion to re -schedule meeting times and cancel the III Council Member Watford moved to re -schedule the December 2°d meeting time from 6 to 7 p.m. due to the Annual certain City council meetings due to the holidays and special events Christmas Tree Lighting Ceremony (which begins at 5:30 p.m. on the same date) and cancel the December 161' - City Clerk (Exhibit 6). meeting; seconded by Council Member L. Williams. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. ITEM ADDED TO AGENDA: E. Goody'/ Oaks Plaza - City Administrator Administrator Whitehall distributed copies of letter dated October 20, 2008 from him to Mr. Steve Fisher regarding the (Exhibit 7). transportation concurrency of Goody's Center/Oaks Plaza located in the 2100 block of South Parrott Avenue. The City's consultants have reviewed the Traffic Impact Analysis prepared for the applicant and representatives of both the applicant and the City have consulted with the Florida Department of Transportation (DOT). After reviewing the information provided by the applicant and discussions with representatives of the City, the applicant, and DOT has provided an e-mail clearly stating that the traffic generated by the proposed Goody's project is not sufficient to warrant installation of any right hand turn lane (eastbound right or southbound right) at the intersection of South Parrott Avenue (US Highway 441 South) and Southwest 21" Street at this time. In previous correspondence, the DOT has also stated that vehicular traffic generated by this project will not result in the need for improvements to the intersection of South Parrott Avenue and 21St Street or to the signalization at this intersection. h97 198 OCTOBER 21, 2008 - REGULAR MEETING - PAGE 10 OF 10 AGENDA I11, COUNCIL ACTION DISCUSSION -VOTE II VIII. NEW BUSINESS CONTINUED. ITEM ADDED TO AGENDA: E. Goody'/ Oaks Plaza continued IX. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. pot, I+ng . W6H0rd,'Tj Pro- Twe re ATTEST: Lane damiotea, C , City Clerk It is therefore the finding of the City that the Goody's project, as currently prosed, will require no -off -site transportation 'improvements to be funded by the applicant. This finding does not however, extend to any development plan for the project that contains a mix of units or intensity of development different from, or more intense than, the mix of units or intensity of development upon which this finding is based, and which would alter the traffic patterns or levels of traffic determined to have been associated with the project as proposed. Further, the applicant is reminded that this finding is in no way related to an approval of the location of buildings and vehicular use areas, interior circulation, or the location or size of driveways providing ingress to and egress from the project. These considerations will be addressed during the site plan review process. Council Member Williams asked whether the property for a future turn lane was still going to be deeded to the City from the developer? Administrator Whitehall replied yes, and it would be addressed in the developers agreement, which will be the next step in this process. Mayor Kirk added he was glad to see the matter worked out. That being the final item on the agenda, Mayor Kirk adjourned'the meeting at 7:01 p.m. The next regular scheduled meeting is November 4, 2008 at 2:00 p.m. 0 0 Exhbd / iNDe-me jc.NDENT l01al j0L=Lf 0-- NEWSPAPERS - — OKEECHOBEE NEWS 107 S.W 17th Street, Suite D, Okeechobee, FL 34974 (863) 763-3134 oli-4 I 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 Pvblt L V oO*i r.e__ i PUBLIC NOTICE in the matter of Oo l* k L f�" a f L Lam_ CONSIDERATION OORNDINAN ADOPTING PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Ronda will on Tuesday, October 21, 2008 at 6:DO p.m. or as soon fhereafter possible, at City Hall, 55 SE 3rd Ave , Okeechobee, FL conduct a PUBLIC HEARING on and thereafter to consider final reading of the followingg Ordinance irdo law: N0.1029: AN ORDI- NANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEE- in the 19th Judicial District of the Circuit Court of CHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE Okeechobee County, Florida, was published in PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY TO COMMERCIAL; `J PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE said newspaper in the issues of MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. The Ordinance is regarding Small Scale Comprehensive Plan Future Land Use Map Amendment Application No. 08-005-SSA, submitted by Danny Creech, on behalf of �f��� / !© , _ property owners) Jerry Suarez. The request is to change the Future et, Use des- ignation from SF to C for property located at 701 Northeast 3rd Street, Parcel One: Lots 7 to 12 of Block 116, and Parcel Two: vacant properttyy West of Block 116 and / East of Taylor Creek, Okeechobee, and is approximately 1.5 acre(s). The proposed Affiant further says that the said Okeechobee use is embersmfthe public are enli - .__ loafteria and Y ThellProposed 0 d�na c e lmay be Inspect in ds entirety by mcembers of thete in said Ppubl e News is a newspaper published at Okeechobee, in n the Office of the City Cle k during regular business hours} Mon -Fri, Sam-4:3Opm, except for holidays said Okeechobee County, Florida, and that said 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 newspaper has heretofore been published contuiu- Kean s such int@rested person will need a record of the proceedings, and for such P purpose may need to ensure a verbatim record of the proceedings is made, which rewM includes the tesdmorry and evidence upon which the appeal is to be based. ously in said Okeechobee County, Florida each C ty Cle k media are for the sole pu pose of backup for otfci.1 records of the Clerk. m accordance with the Americans with Disability Act (ADA) and Florida Statutes week and has been entered as second class mail 286.26, persons with disabilities needing special accommodation to participate in this proceeding should coal ct Lane Gamiotea no later plan two (2) working days matter at the post office in Okeechobee, In said poor to the proceeding at 863-763-3372 x215; if hearing or voice impaired, call P TDD 1-800-222-3448 (voice)) or 1-888-447-5620 (TTYI. Okeechobee County, Florida, for a period of one 12954,19-ON 0/10/08 CITY CLERK 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. orr and subscribed before me this day of��� Notary Public, State of Florida at Large Commission ett oult on # D505 miss( 311 o` Expires January 10, 2010 Bonded Troy Fain insurance Inc 800-385-7019 Page 1 of 8 CITY OF OKEECHOBEE - OCTOPER 21, 2008. REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES BY t'�O� 6(Unz j4; C— I. CALL TO ORDER - Mayor Kirk October 21, 2008 at _ p.m. II. OPENING CEREMONIES: Invocation given by Revered John Hodqe of the Abundant Blessings Church; 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 ✓ Fire Chief Herb Smith ✓ Public Works Director Donnie Robertson ✓ IV. MINUTES - City Clerk. A. Council Member L. Williams moved to dispense with the reading and approve the Summary of Council Action for the October 7, 2008 Regular Meeting; seconded by Council Member C. Williams There was no discussion on this item. VOTE: KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS YEA NO ABSENT X X X X X MOTION: CARRIED. ABSTAINED V. WARRANT REGISTER - City Administrator. A. Council Member Watford moved to approve the September 2008 Warrant Register in the amounts: General Fund, four hundred seventy-six thousand, two hundred ninety-one dollars and eighty-two cents ($476,291.82); Public Facilities Improvement Fund, three hundred twenty-nine thousand, six hundred fifty seven dollars and thirty-nine cents ($329,657.39); Capital Improvement Projects Fund, eighty-three thousand, eight hundred thirty-seven dollars and sixty-five cents ($83,837.65); seconded by Council Member Markham . There was no discussion on this item. VOTE: YEA NO ABSENT ABSTAINED KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. VI. AGENDA - Mayor. A. Mayor Kirk asked whether there were any requests for the additions, deferrals or withdrawal of items on today's agenda. New Business item E admin to address council on Goody's Oaks Plaza Page 2 of 8 Development. VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:04 P.M. A.1. a) Council Member Watford moved to read by title only proposed Ordinance No. 1029 regarding Application No. 08-005-SSA, submitted by Danny Creech on behalf of property owner Jerry Suarez, for a Small -Scale Amendment to the Future Land Use Map of the City's Comprehensive Plan from Single Family to Commercial - City Planning Consultant (Exhibit 1); seconded by Council Member L. Willimas. b) Vote on motion to read by title only. YEA NO ABSENT ABSTAINED KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 1029 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDAAMENDING THE CITYOF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OFLAND MOREPARTICULARLYDESCRIBED HEREINFROMSINGLEFAMILY TO COMMERCIAL; PROVIDING FORINCLUSIONOFORDINANCEANDREVISEDFUTURELAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 1029; seconded by Council Member C. Willimams . b) Public comments and discussion. Bill Brisson, City Planning Consultant - reviewed summary of application, land touches previous lands owned by David and Anita Nunez, and taylor creek, that property was approved to change the land use to commercial as well back in May. Staff Report also reads CHV, hasnt been processed, will be now that the discovery had been made. Planning Staff Report - Application No. 08-005-SSA was reviewed by the Planning Board on September 18, 2008. The Board recommended unanimously to the Council that the application was found to be consistent with the Comprehensive Plan. It would be noted that the application was originally submitted by David and Anita Nunez. The application could not be processed because an earliersmall scale was approved on adjacent property owned by them. This is prohibited under Chapter 163 unless one year had passed since the earlier approval. Consequently, Mr. and Mr. Nunez transferred ownership to Mr. Suarez sop the application could be considered. It is our understanding that the intent of this small scale request is the same as originally related to us by Mrs. Nunez and therefore the following analysis is based on that supposition: A. Consistency with the Land Use Categories and Plan Policies. The intent of the Future Land Use Element and Map is to manage future growth. In implementing the Plan, Policy 2.2 recommends that the City protects the use and value of private property and environmentally sensitive areas from adverse impacts of incompatible land uses, activities and hazards. In addition, Objective 12 states that the City shall encourage compatibility with adjacent uses, and curtailment of uses in consistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. In its earlier approval of the small scale application submitted by Mr. and Mr. Nunez, the City determined such actions to be consistent with the Comprehensive Plan, at least in part because the change would allow for extension of commercial northward along Taylor Creek in an unified manner, potentially encouraging redevelopment in the area. However, approval of the current request will envelop the property to the south on three sides by commercial property. B. Adequacy of Public Facilities. Potable water and sewer is available to the site through the Okeechobee Utility Authority. Solid Waste is sufficient as there have been a number of instances in the recent past where the capacity of the landfill has been confirmed as being capable of accommodating new development. Traffic appears to be able to be met. However, that will be addressed in detail during the site plan review. Page 3 of 8 C. Compatibility with Adjacent and Nearly Land Uses. The Future Land Use Designation to the North, South, East and West is Single Family. Zoning districts to the North, South and West are RSF-1, to the East is RMH. The existing land use to the North is Apache Airboats, to the South is a mobile home and vacant property. To the East is Taylor Creek and then River Run Mobile Home Subdivision. To the West is vacant. Planning Staff is reluctant to suggest that the proposed change is compatible with adjacent and nearby land uses. It is a change to the Future Land Use Map that leapfrogs over property designated for residential uses and which will result in such property, presently used for residential purposes, being enveloped on three sides by potential commercial development. However, during the Planning Boards public hearing it was stated that the "fish house," which occupies the easternmost part of the subject property, has long presented a problem in terms of compatibility with surrounding future land use and zoning patterns. The proposed change will ultimately eliminate this nonconforming use. Staff believes that the requested change could be considered compatible with the surrounding area if, in the opinion of the Council, it is in the best interest of the City to promote commercial development northward from East North Park Street (State Road 70) in an effort to foster the replacement of long-term nonconforming commercial influences that inhibit redevelopment within th surrounding area. This would set the stage fro changing the future land use designation of the property immediately to the south of the subject property across Northeast 3th Street. If the City envisions that it would look favorable upon the future change in the stats of the land to the immediate south of the subject property, the Staff recommends approval of the applicants request; otherwise the Staff would recommend denial. The RSF-1 property between the two were discussed. Primarily to recognize transition of commercial to the north, fish house, will be addressed. Criteria met in staff report. Traffic study will be addressed at site plan review. Do recommend approval if all other properties are going to be changed. LM - BLK 116 drawn out, other black area, RMF - just a printer error. Zoning was discussed so all would understand what the zoning's are and land use. DW - on page 2, staff report 2"d paragraph, the question of the ownership, and I know we had one of these sometime back, individual was trying to get around a large scale amendment, seems like we're violating the spirit of the law when we know that it's not that name. Bill - intended to keep large scale, this would not violate that since all under 20 acres, we checked with attorney cook, and as long as they were willing to take the gamble to deed the property to some one else there's nothing we can do. Cook - we discussed it and if they are willing to take the risk it does not appear to violate the statute. DW - refresh only 1 reading, does this have to be reviewed by DCA? No unless you request it. Public that wants to speak on this. Anita Nunez of 25 SE 4'h Street, my intentions was not to violate the law, just to keep from waiting a year, put it in my fathers name, I trust him. The other board reviewed it and looked at it as one development. I wish you would look at it as one and want you to look at it. DW - didn't mean to imply that this would not be a large scale amendment, jsu tthe other one was. c) Vote on motion. MARKHAM WATFORD C. WILLIAMS L. WILLIAMS YEA NO ABSENT ABSTAINED X X X X X MOTION: CARRIED. B. 1. a) Council Member Watford moved to read by title only, proposed Ordinance No. 1030 regarding Re- zoning Application No. 08-005-R, submitted by Jerry Suarez, rezoning 1.5 acres located at 701 Northeast V Street, Block 116, City of Okeechobee, from RSF-1 to CHV - City Planning Consultant Page 4 of 8 (Exhibit 2); seconded by Council Member L. Williams. b) Vote on motion to read by title only. YEA NO ABSENT ABSTAINED KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No.1030 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 SINGLEFAMILY--ONE (RSF-1) ZONING DISTRICT TO LIGHT COMMERCIAL (CL7) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 1030; seconded by Council Member Watford . b) Public comments and discussion. Bill Brisson - planning staff report, after having looked at the area, recommend the CLT zoning, which is what you approved, gives little more protection to what can be put on property, almost same permitted uses but with a special exception, gives the extra level of protection, always possible to have north property to come in and they too have a non -conforming uses on it. Highlights of criteria met as outlined in planning staff report. Planning Staff Report regarding Rezoning Petition No. 08-005-R specifically for Lots 7 to 12 of Block 116, City of Okeechobee, and; unplatted Parcel Identification No. 3-15-37-35-0010-00010-001 D, total acres are approximately 1.50. The applicant is requesting this amendment to Heavy Commercial. However, at the first reading, Council only approved the rezoning for Light Commercial. The proposed use is to allow a commercial office building and continued use of the commercial fish house on the subject property. The single family structure, located on Lots 7 and 8, is being stripped and remodeled to be used a s a commercial office. The fish house, located on Lots 11 and 12, is bing proposed to continue temporarily as it is currently being used. Since the processing operations are only allowed in the industrial zoning district, planning staff does not believe that the commercial fish processing operation will be allowed to continue even if the property is rezoned. The following is the analysis provided Planning Staff: 1. The proposed use isn not contrary to Comprehensive Plan requirements. 2. The proposed use (offices) being applied for is specifically authorized, as a special exception, under the zoning district in the Land Development Regulations. Continuation of the fish processing operation would not be consistent with the limitations of the CLT district. However, numerous other types of business operations that would conceivably be incorporated into the commercial plaza proposed for this and the Nunez property to the south would be appropriate. 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 adjoining property to the south, the cumulative impacts of the entire commercial development will need to be assessed. Possible adverse impacts of this development could come in the form of excessive traffic along neighboring residential roadways. 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 adjacently 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. Assuming that the City would expect to view favorable a change in the land use designation and zoning of the property to the immediate south, Staff would expect that the proposed rezoning could raise the value of property immediately adjacent to the subject property. On the other hand, the proposed rezoning and expected commercial development would not have a beneficial effect if the property to the south were to remain in residential zoning and use. 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, again this would be specifically addressed during site plan review. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Which density will not be an issue, the intensity Page 5 of 8 of development on the site and the other properties associated with the development of the proposed plaza commercial area will need to be considered in light of potential traffic considerations. 8. No traffic analysis has been submitted and one would not be expected for merely a small office building or even continuation of the fish processing operation. If and when the property is developed as community center/indoor recreation facility, as an integral part of the proposed commercial plaza, in all likelihood a traffic impact analysis will be necessary. Flooding and drainage considerations will also have to be addressed because of the property's proximity to Taylor Creek 9. The proposed use has not been inordinately burdened by unnecessary restrictions. Based on the foregoing analysis, and assuming that the applicant's request for the small scale application is approved, Staff recommends approval for CLT zoning. Anita Nunez, ordered a traffic study, preliminary should be ready this week. Public ? None. Council - L. Williams, still like it to staff CHV for the site, appears I don't have enought support, I'll go with the CLT, rather it stayed CHV. Kirk - one development maybe we should have left it that way, but staff is recommending the change. Watford - like CLT because there ar emany uses that can be there, but it would take extra step and give residences in area an extra level since you can put special conditions on a special exception to give some lev el of protection to the people that still live in that area, we've seen tha tth eCLT will work with adjoining residencial reas. Say again thought we were clear that we would not go further north like we said we would not do, and led residences in that area to believe we would nto and we're going against that less than a year later. Markham - agree with watfod on thought about not goign any further north on ly reason think ti will work is if we kepp it clt and another commercial property to the north of this, doesn't mean it will stay commercial, special excedptio will help the commercial to work with the residences, gives little bit of lea way to work the project into the residential area. c) Vote on motion YEA NO ABSENT ABSTAINED KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:28 P.M. Vlll. NEW BUSINESS. A. Council Member Watford moved follow the recommendation from the Code Enforcement Board to proceed with foreclosure proceedings on Case No. 07-160, Arthur Davis,1100 Block of NW 61h Street (Parcel Identification No. 3-16-37-35-0160-00180-0110) - Chief Smith (Exhibit 3); seconded by Council Member Markham. Exhibit Three was an excerpt of the October 14, 2007 Code Enforcement Board Minutes regarding Case No. 07-0160, Arthur Davis, property located within the 1100 block of Northeast 61 Street, violation of Chapter 30, Section 44 General cleaning and beautification. A fine of $25.00 per day was imposted on June 30, 2008, and has accrued to $2,700.00. (County Clerk's File No. 2008008642, recorded in OR Book 657 Pages 0840-0841) Once a fine has been accruing for 90 days the CEB reconsiders the case to forward to the City Council. The board unanimously voted to recommend to the City Council that they consider approving foreclosure proceedings. Foreclosure on entire parcel? LM just the one lot LM spoke with Buddy Davis who owns property next to it. No way family can work together to get this resolved. Known family for a long time. Buddy understands problem we have, he cleaned his up, brother fails to cooperate with the city. We don't want the property, we just want it cleaned up. Arthur's never been to the CEB Page 6 of 8 meetin gs, bad situation, don't see any choice we have in the matter. Kirk, gone on for a year, enough time to get a response from someone. Watford appreaciate markham for taking time to contact the family becuase we don't take this light. Kirk house livable? No. What are the procedures from here? Cook - homestead under fl constitutie can't foreclose on it any way, assuming we can proceed then, small amount of the fine, someone will pay the fine, then its dismissed and we start over, or if not, the city will end up wiht th e property and we'll have to clean it up. There other options - declare public nuisance, if we have to we'll clean up then add that to the lien. Kirk but if you know person is not going to cooperate what would that use be Markham you're not going to get the cooperation out of arthur, buddy has done everything they can do. Fire chief has done everything they can do as well. BW - couple of properties that we maintain now, do not condone it. Legal description discussed - its actually both properties. Council Member Markham moved to amend the leaal to delete the parcel id 3-16-37.35.0160.00180- 0060: second by Watford. William Davis hired lawn maintenance to clean his property. They didn't know property boundaries, so they cleaned up some of Arthur's property. Cook - you're seekign less property than what you can take, so its okay. Kirk - but th eoriginal fine was put on both properties, fine running on both, action taking on both. Markham, last meeting we took 1 parcel out of all the properties. Kirk, but they worked with us, wanted to deed the 1 parcel to us. This one wont even work with us on it. Watford just hate to foreclose on property in my opinion is okay whether it was cleaned up on purpose or accident, other piece that is a mess I can see that. Kirk if they cleaned up both parcels and didn't pay fine, can you still foreclose on it? Watford - I wouldn't vote to do that. Our number one objective is to get it cleaned up not to take ownership. Levy the lien, someone has to pay for it eventually. L. Williams - shouldn't we just give it a month because we know the other parcel is going to be overgrown by then. Vote on motion to amend: YEA NO ABSENT ABSTAINED KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION TO AMEND: CARRIED. Vote on motion as amended: YEA NO ABSENT ABSTAINED KIRK X Page 7 of 8 MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED AS AMENDED. B. Council Member Watford moved to approve a one-year contract with Hoyman, Dobson & Company regarding the annual audit in the amount of twenty-eight thousand, eight hundred dollars ($28,800.00) - City Administrator (Exhibit 4); seconded by Council Member Markham . The contract is to completed the FY 2008 audit, and is an extension of last year's contract with a change in pricing from $29,800 to $28,800 due to the 2007 FY audit including the secondary required component of the Federal Single Audit. The auditing standings through Government Accounting Standards Board (GASB) are ever changing and the present auditors have proven they are knowledgeable of government regulations and requirements the added responsibilities to review those additional standards and present to management and Council areas reviewed and in need of revision. Year before last the auditors were able to present to council the finished product in April. For reasons beyond their control the audit was submitted to the City in June of this year. (Pension actuarial reports and commensurate audits were the delay). Mrs. Riedel was confidentwith the new personnel working with the OUA will be able to assist in expediting this process. Watford, discussed changing auditors at some point. They have been our auditors since 2001. VOTE KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS YEA NAY ABSTAIN ABSENT X X X X X MOTION: CARRIED. C. Council Member Watford moved to award the Sidewalk Rehabilitation Bid to the low bidder, Lynch Paving and Construction of Okeechobee - City Administrator (Exhibit 5); seconded by Council Member C. Williams . Bids received on October 15, 2008 for unit price per square foot were as follows: Comoanv Name Removal Replacement Extension Parks Construction $2.00 $5.25 $7.25 Brooks Waste Management Inc. $1.00 $4.00 $5.00 Sanders Concrete LLC $1.64 $5.26 $6.90 J&L Custom Construction, Inc. $1.75 $4.50 $6.25 Lynch Paving & Construction $1.35 $2.75 $4.10 Sunshine Land Design $1.00 $4.50 $5.50 Lozano Builders LLC $2.27 $4.12 $6.39 2000 U. primary in southwest section. This company can do this type work, everything checked out satisfactory on this (background check)? Donnnie - yes. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. D. Council Member Watford moved to re -schedule the December 2"d meeting time to 7 p.m. due to the Annual Christmas Tree Lighting Ceremony (which begins at 5:30 p.m. on the same date) and Page 8 of 8 cancel the December 16th meeting - City Clerk (Exhibit 6); seconded by Council Member L. Williams. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. E. Goody's Oaks Plaza - as a matter of follow up from last meeting. - Brian hit the highlights of the letter dated October 20, 2008 from him to Mr. Steve Fisher regarding the transportation concurrency of Goody's Center/Oaks Plaza located in the 2100 block of South Parrott Avenue. The City's consultants have reviewed the Traffic Impact Analysis prepared for the applicant and representatives of both the applicant and the City have consulted with the Florida Department of Transportation (DOT). After reviewing the information provided by the applicant and discussions with representatives of both the City, applicant and the DOT has provided an e-mail clearly stating that the traffic generated by the proposed Goody's project is not sufficient to warrant installation of any right hand turn lane (eastbound right or southbound right) at the intersection of South Parrott Avenue (US Highway 441 South) and Southwest 21$t Street at this time. In previous correspondence, the DOT has also stated that vehicular traffic generated by this project will not result in the need for improvements to the intersection of South Parrott Avenue and 21st Street or to the signalization at this intersection. It is therefore the finding of the City that the Goody's project, as currently prosed, will require no -off -site transportation improvements to be funded by the applicant. This finding does not however, extend to any development plan for the project that contains a mix of units or intensity of development different from, or more intense than, the mix of units or intensity of development upon which this finding is based, and which would alter the traffic patters or levels of traffic determined to have been associated with the project as proposed. Further, the applicant is reminded that this finding is in no way related to an approval of the location of buildings and vehicular use areas, interior circulation, or the location or size of driveways providing ingress to and egress from the project. These considerations will be addressed during the site plan review process. Kirk- very good glad to see that over. C. Williams we hold the right of way in abeyance? Yes will be addressed in the developers agreement. VIII. MAYOR KIRK ADJOURNED THE MEETING AT 7:01 P.M. !NDEPONDENT _ NEWSPAPERS OKEECHOBEE NEWS 107 S. W 17th Stmet, Suite D, Okeechobee, FL 34974 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, th�at`t•the attached copy of advertisement being a I i tr MO- c e in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said 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. �vo" and subscribed before me this ` day of L� �� AT) ot�ary Public, State of Florida at Large Janetta Thihoult Commission # DD505311 Expires January 10, 2010 - h .�(1' B�„nea TOV Fjm In>uryrxe Inc d00-385-i019 (80) 763-M34 liLL Wee CITY OF OKEECHOBEE OCTOBER 21, 2008 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 9 OF 3 • I. CALL TO ORDER - MAYOR: October 21, 2008, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Rev. John Hodge, Abundant Blessings; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - CITY CLERK. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook • City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - CITY CLERK. A. Motion to dispense with the reading and approve the Summary of Council Action for the October 7, 2008 City Council Regular Meeting. October 21, 2008 PAGE 2 of 3 V. WARRANT REGISTER - CITY ADMINISTRATOR. A. Motion to approve the September 2008 Warrant Register. General Fund $476,291.82 Public Facilities Fund $329,657.39 Capital Projects -Improvements $ 83,837,65 • 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.1029 regarding Application No. 08-005-SSA, submitted by Danny Creech on behalf of property owner Jerry Suarez, for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan from Single Family to Commercial - City Planning Consultant (Exhibit 1). b) City Attorney to read proposed Ordinance No.1029 by title only. c) Vote on motion to read by title only. • 2.a) Motion to adopt Ordinance No.1029. b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to read by title only proposed Ordinance No.1030 regarding Re -zoning Application No. 08-005-R, submitted by Jerry Suarez, rezoning 1.5 acres located at 701 Northeast 3'd Street, Block 116, City of Okeechobee, from RSF-1 to CHV - City Planning Consultant (Exhibit 2). b) City Attorney to read proposed Ordinance No. 1030 by title only. c) Vote on motion to read by title only. VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED - MAYOR. B.2.a) Motion to adopt Ordinance No.1030. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. 40 Vill. NEW BUSINESS. • A. Consider recommendation from the Code Enforcement Board to proceed with foreclosure proceedings on Case No. 07-160, Arthur Davis,1100 Block of NW 6th Street - Chief Smith (Exhibit 3). B. Motion to approve a contract with Hoyman, Dobson & Company regarding the annual audit - City Administrator (Exhibit 4). C. Motion to approve the Sidewalk Rehabilitation bid - City Administrator (Exhibit 5). D. Consider a motion to re -schedule meeting times and cancel certain City Council meetings due to the holidays and special events - City Clerk (Exhibit 6). IX. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. OCTOBER 21, 2008 PAGE 3 OF 3 OCT 21- FINAL EXHIBIT NO. ORDINANCE NO. 1029 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITYOF OKEECHOBEECOMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY TO COMMERCIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 08-005-SSA), submitted by Danny Creech on behalf of property owner(s), Jerry Suarez, for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Planning Board, acting as the Local Planning Agency, at a duly advertised meeting held on September 18, 2008, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Planning Board that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. Ordinance No.1029 - Page 1 of 3 SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of approximately 1.5 acre(s) is hereby re -designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 08-005-SSA, from Single Family to Commercial. The Legal Description of Subject Property is as follows: PARCEL ONE: LOTS 7 TO 12, INCLUSIVE OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND SAID PLAT BEING RECORDED IN PLAT BOOK 5, PAGE 5 PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PARCEL TWO: AND A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AND BEING COMPRISED OF ONE OF THE PARCELS OF LAND AS RECORDED IN O.R. BOOK 645, PAGE 1370 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF BLOCK 116, OKEECHOBEE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. THENCE RUN SOUTH AND RUNNING ALONG THE WESTERN BOUNDARY OF PARCEL 4 ACCORDING TO THE PLAT NO. 1 OF TAYLOR CREEK WATERSHED AS RECORDED IN PLAT BOOK 3, PAGE 29, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, TO THE CENTERLINE OF THE 15 FOOT ALLEYWAY IN SAID BLOCK 116, TO THE SOUTHEAST CORNER OF LOT 12 OF SAID BLOCK 116 AND ALSO BEING THE NORTHWEST CORNER OF PARCEL 3 OF SAID PLAT NO. 1 OF TAYLOR CREEK WATERSHED; THENCE RUN SOUTHWESTERLY, ALONG THE WESTERN BOUNDARY OF SAID PARCEL 3, TO THE CENTERLINE OF NORTHEAST 3RD STREET (FORMERLY NINTH STREET); THENCE RUN EAST, ALONG SAID CENTERLINE OF SAID NORTHEAST 3RD STREET (FORMERLY NINTH STREET) EXTENDED EAST, TO THE WESTERN SHORELINE OF TAYLOR CREEK; THENCE RUN NORTHERLY, ALONG SAID WESTERN SHORELINE OF TAYLOR CREEK, TO THE INTERSECTION WITH THE CENTERLINE OF SAID 15 FOOT ALLEYWAY EXTENDED EAST; THENCE RUN WEST, ALONG THE CENTERLINE OF SAID ALLEYWAY EXTENDED, TO THE POINT OF BEGINNING. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended Decemer 6, 1994", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. Ordinance No.1029 - Page 2 of 3 4 0 0 The effective date for the enactment of Ordinance No.1029 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and set for final public hearing on this 2111 day of October. 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 21s` day of October, 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1029 - Page 3 of 3 LARUE BANNING & MANAGEMENIqERVICES Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 - FAX: 239-334-6384 MEMORANDUM DATE: October 2, 2008 TO: Mayor and City Council FROM: Bill Brisson RE: Revised Staff Reports for Petitions 08-005-SSA and 08-005-R Attached are revised Staff Reports for the above reference petitions for a Small Scale Amend- ment and Rezoning submitted by Mr. Jerry Suarez. These applications are associated with the commercial development proposed by Anita and David Nunez along the west side of Taylor Creek, which has been the subject of prior SSA and Rezoning approvals. The Planning Board held its public hearings on these petitions on September 18`h. At that time the SSA was approved unanimously and the Rezoning was approved on a vote of 5:2, with Mr. McCoy and Ms. Hoover dissenting. During the public hearings Mr. McCoy had questioned a the statement in the Staff Report that the requests were essentially similar to the requests by David and Anita Nunez considered at a prior meeting. It was not until after the meeting that I realized specifically what Mr. McCoy was referring to, and it became clear that our Staff Report and my presentation contained errors that should be corrected before the City Council considered the petitions. Specifically, the maps in the Staff report mistakenly showed the two properties immediately south of the subject property to be designated Commercial on the FLUM and zoned CHV. This is incorrect. These properties are still designated Single -Family and zoned RSF1. Therefore, the circumstances are different from those upon which the findings and recommendations in the original Staff Reports were based. Consequently, we have provided you with the attached revised Staff Reports. A copy of this letter and the revised Staff Reports are also being provided to the Planning Board members in the event they should wish to comment at the City Council meeting. I apologize for the error and any confusion it may have caused, and will be at the City Council meeting to discuss these petitions. In the meantime, should you have any questions, please feel free to call me, either at the office or on my cell phone (941-228-1499). • 1375 J ckson Street, Suite 206 Fort s, Florida 33901-2845 Phone: 39-334-3366 Fax: 239-334-6384 Prepared for: Applicant: The City of Okeechobee .Terry Suarez Petition No. 08-005 SSA Staff Report • Applicant: Jerry Suaraffice & fish house) Small Scale Amendment Petition No.: 08-005-SSA General Information A0pli6i##0nor _ Applicant Address: Applicant Phone Number: Applicant Fax Number: Contact Person 'Future Land Use Map 'Classification Zoning District Use of .Property Acreage Gerry Suarez 3679 NW 6th Avenue Okeechobee, FL 34972 =863=634-7302r 863-467-0610 Danny Creech, Sr. (friend) Existing Single-family RSF-1 and Holding Vacant single family structure and-a commercial. fish house 1.50 Proposed Commercial ;:4• f :. CHV C6-mm- 6rcial-office b iild n' _and commercial fih dse 1.50 Legal Description: LOTS 7 THROUGH 12, INCLUSIVE, OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT BEING RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND SAID PLAT BEING RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. U" l A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AND BEING COMPRISED OF ONE OF THE PARCELS OF LAND AS RECORDED IN OFFICIAL RECORDS (O R.) BOOK 645, PAGE 1370 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, THENCE RUN SOUTH AND RUNNING ALONG THE WESTERN BOUNDARY OF PARCEL 4 ACCORDING TO PLAT NO. 1 OF TAYLOR CREEK WATERSHED AS RECORDED IN PLAT BOOK 3, PAGE 29, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, TO THE CENTERLINE OF THE 15 FOOT ALLEYWAY IN SAID BLOCK 116 AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH, ALONG THE WESTERN BOUNDARY OF SAID PARCEL 4 AND THE EAST BOUNDARY OF SAID BLOCK 116, TO THE SOUTHEAST CORNER OF LOT 12 OF SAID BLOCK 116 AND ALSO BEING THE NORTHWEST CORNER OF PARCEL 3 OF SAID PLAT NO 1 OF TAYLOR CREEK WATERSHED; THENCE RUN SOUTHWESTERLY, ALONG THE WESTERN BOUNDARY OF SAID PARCEL3, TO THE CENTERLINE OF N.E. 3RD STREET (FORMERLY NINTH STREET) EXTENDED EAST, TO THE WESTERN SHORE LINE OF TAYLOR CREEK; THENCE RUN NORTHERLY, ALONG SAID WESTERN SHORE LINE OF TAYLOR CREEK, TO THE INTERSECTION WITH THE CENTERLINE OF SAID 15 FOOT ALLEYWAY EXTENDED EAST, THENCE RUN WEST, ALONG THE CENTERLINE OF SAID ALLEYWAY EXTENDED, TO THE POINT OF BEGINNING. Staff Report • Applicant: Jerry Suareffice & fish house) Small Scale Amendment Petition No.: 08-005-SSA Description of the Request The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map from Single Family Residential to Commercial. Based on the size of the property (1.50 acres) this application qualifies under Chapter 163, F.S. as a Small Scale Amendment to the Comprehensive Plan. It should be noted that, while this request is submitted by Mr. Suarez, it was originally submitted by David and Anita Nunez. That application could not be processed because an earlier SSA was approved on adjacent property owned by David and Anita Nunez. This is prohibited under Chapter 163 unless one year had passed since the earlier approval. Consequently, David and Anita Nunez transferred ownership to Mr. Suarez so the SSA could be considered. It is our understanding that the intent of this SSA request is the same as originally related to us by Ms. Nunez and, therefore, the following analysis is based on that supposition. Adjacent Future Land Use Map Classifications and Zoning Districts low East: Future Land Use Map Classification: Single Family Zoning District: RMH Existing Land Use: Mobile Homes across from Taylor Creek Soul• s Us M .>lassati�; ;Sift Fil' :5 g _ - ::... .�... �. ,� � . tea, � � �• ;, : •�. _... ' ", , ,.,.. „�. �. FAN Xisi Jn' g Land Use: - Mobile bome-ari l voic West: Future Land Use Map Classification: Single Family Zoning District: Existing Land Use: RSF1 Vacant 2 Staff Report 40 Applicant: Jerry Suaroffice & fish house) Small Scale Amendment Petition No.: 08-005-SSA CommentsGeneral Analysis and Staff The applicant is requesting this amendment to the Future Land Use Map to allow a commercial office building and to continue a commercial fish house on the subject property. The single- family structure, located on Lots 7 and 8, is being stripped and remodeled to be used as a commercial office. The fish house, located on Lots 11 and 12, is proposed to continue temporarily as it is currently being used. In an earlier conversation with Ms. Nunez, she stated "the fish house is to continue operations as she is receiving rent from the current tenants, but this site will eventually will be a part of the commercial plaza" she has planned for the area. Issues have arisen in the past regarding continuation of the fish house as a nonconforming use. In 2005, the previous owner purchased the property and in 2007 received permission from the City to continue the use. However, it was understood that this use would be allowed to continue only until the property was sold. In May of 2008 Ms. Nunez purchased the property and shortly thereafter the property was transferred to the ownership of Mr. Suarez, the Applicant in this instance. Since processing operations are only allowed in the industrial zoning district, we do not believe that the commercial fish processing operation will be allowed to continue even if the Small Plan Amendment is approved and the property is rezoned to CHV as requested. The subject property is currently classified as Single -Family on the FLUM. The Single -Family category only allows one single-family dwelling on each lot with a maximum density of 4 dwelling units per acre. An application by the previous owner was considered for a similar change to Commercial in June 2007 and was denied. Earlier this year the City Council approved an SSA designating property owned by David and Anita Nunez and which adjoins the southeastern portion of the subject property. The approval changed the future land use designation from Single -Family to Commercial on the Future Land Use Map and also rezoned the property to CHV. However, the lands immediately to the south of the subject property are owned by persons not associated with either Mr. Suarez or the Nunez family and remain in the Single -Family future land use category and are zoned RSF1. Staff Report • Applicant: Jerry Suareffice & fish house) Small Scale Amendment Petition No.: 08-005-SSA Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. In implementing the Plan, Policy 2.2 of the Future Land Use Element recommends that the City protects the use and value of private property and environmentally sensitive areas from adverse impacts of incompatible land uses, activities and hazards. In addition, Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses in consistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. In its earlier approval of the SSA and rezoning applications submitted by David and Anita Nunez, the City determined such actions to be consistent with the Comprehensive Plan, at least in part because the change would allow for extension of commercial northward along Taylor Creek in a unified manner, potentially encouraging redevelopment in the area. However, approval of the current request will envelop the property to the south on three sides by Commercial property. B. Adequacy of Public Facilities Potable Water: Water is available to the site via a two-inch line running along NE 7th Avenue. Under the Single-family land use category up to a maximum of four units per acre is allowed. Therefore the maximum number of dwelling units allowed would be six. Staff estimates that up to about 30,000 square feet of commercial space could be constructed on the 1.50 acres by building a two-story structure. The overall Level of Service Standard (LOSS) is 114 gallons per person per day. While OUA has no specific standard for demand for potable water associated with commercial uses, review of other sources including Manatee County, which has developed a table for estimating utility flow for various uses, and the Florida Department of Health, which also estimates flows associated with certain uses for determining system size, lead us to believe that it would be reasonable to use a factor of 100 gallons per 1,000 square feet of floor area. Projected demand with 6 single-family units @ 2.86 pph = 1,960 gpd Projected demand from 30,000 square feet of commercial space = 3,000 gpd E Staff Report 0 Small Scale Amendment Applicant: Jerry SuAwice & fish house) Petition No.: 08-005-SSA Sewer: Sewer service is available to the site but the applicant would need to extend a line a couple hundred feet to connect to the gravity sewer at the west of end of Block 146 or construct a pump station if the gravity sewer would not work. LOSS is 130 gallons per person per day. Demand from a general commercial use is estimated to be the same as for water, about 100 gallons per 1,000 square feet of floor area. Projected demand with 6 single-family units@ 2.86 pph = 2,230 gpd Projected demand from 30,000 sf of commercial space = 3,000 gpd Solid Waste: LOSS is 13 pounds per person per day. Projected demand with 6 single-family units @2.86 pph = 223 Ibs/day. We have no specific data that would indicate the amount of waste that would likely be generated by general commercial space, but we suspect it would be somewhat greater than 223 Ibs/day for a 30,000 sf commercial use. However, there have been a number of instances in the recent past where the capacity of the landfill has been confirmed as being capable of accommodating new development. Staff understands this would continue to be the case in this instance, regardless of the type of use. Traffic: LOS — Principal Arterials C Minor Arterials D All other roadways D Based on the Seventh Edition of the ITE Trip Generation Manual single-family uses generate approximately 1.01 trips in the PM Peak Hour. Commercial traffic generation varies widely depending on the specific use, but even general office use would generate 1.49 trips per 1,000 square feet in the peak hour, and most other commercial uses generate at least three trips per 1,000 square feet. Peak hour traffic with 6 single-family units = 6 trips. Each of the following represents uses of varying levels of intensity allowed in the Commercial Land Use Category: 5 Staff Report • Applicant: Jerry Suareleffice & fish house) Small Scale Amendment Petition No.: 08-005-SSA Peak hour traffic with 30,000 square feet of office space = 45 trips. Peak hour traffic with 30,000 sf of general commercial space = 90 trips. Peak hour traffic with 30,000 square feet of medical office = 112 trips. C. Compatibility with Adjacent and Nearby Land Uses Staff is reluctant to suggest that the proposed change is compatible with adjacent and nearby land uses. It is a change to the Future Land Use Map that leapfrogs over property designated for residential use and which will result in such property, presently used for residential purposes, being enveloped on three sides by potential commercial development. However, during the Planning Board's public hearing it was stated that the "fish house", which occupies the easternmost part of the subject property, has long presented a problem in terms of compatibility with surrounding future land use and zoning patterns. The proposed change will ultimately eliminate this nonconforming use. Staff believes that the requested change could be considered compatible with the surrounding area if, in the opinion of the City Council, it is in the best interest of the City to promote commercial development northward from SR 70 in an effort to foster the replacement of long-term nonconforming commercial influences that inhibit redevelopment within the surrounding area. This would set the stage for changing the future land use designation of the property immediately to the south of the subject property across NE 3rd Street. I Recommendation If the City envisions that it would look favorably upon a future change in the status of the land to the immediate south of the subject property, the Staff recommends approval of the applicant's request to amend the Future Land Use Map from Single-family to Commercial; otherwise, the Staff would recommend denial. Submitted by: James G. LaRue, AICP October 2, 2008 Attachments: Future Land Use Map; Zoning Map; Property Appraiser's Aerial Photograph 1st Hearing Planning Board September 18, 2008 City Council: October 7, 2008 on Staff Report • Applicant: Jerry Suaroffice & fish house) Small Scale Amendment Petition No.: 08-005-SSA L FUTURE LAND USE SUAREZ SITE AND ENVIRONS ` Site -------------- Suarez site SINGLE - FAMILY 200 0 200 400 Feet MULTI - FAMILY COMMERCIAL 7 Staff Report Is Applicant: Jerry Suarooffice & fish house) Small Scale Amendment Petition No.: 08-005-SSA Staff Report 0 Small Scale Amendment Applicant: Jerry Suaraffice & fish house) Petition No.: 08-005-SSA Okeechobee County Property Appraiser's Aerial City of Okeechobee General Services Depaiant 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, exL 218 Fax: (863) 763-1686 Comprehensive Plan Map Amendment Application and Checklist Please Check One: Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): IER& k �,5 (14p -7 Owner mailing address: 6`7 9 j,V 6T,4 fi V RUC ; � , F7 Name of applicant(s) if other than owner (state relationship): Applicant mailing address: Applicant a -mail address: C� _ A A i L - A N uWZ Name of contact person (state relationship): L->aA lq(_l Contact person daytime phone(s): Ap f3- % 3 0 Fax: ' 3 - (/6 7" d 616 ✓ Property address / directions to property: e� F/ 3 v 97Z '701 n srnCeT 3--I S- 37 -3 S- Z)O 10 - OOC> 0- QD 16 k� Parcel Identification Number: 3 i = Q i - l O h `7 n Size of the Property (in acres): /, lc - Current Zoning Designation: �3 / Aj,1-7 L t F,%M / I V Current Future Land Use Designation: 511-V6 GE fW1n1z f/ Existing Use of the Property: -5j,ti6I,x:- F-ltn-ilC VIV.46q-Arr ffISH- r00SF-/C0v► iYl Proposed Future Land Use Designation: C vpi m EP A I Proposed Use of the Property:—F7Ce5 AN L> Fj Sd HjQSE- Description of Surrounding Pro ppe es: C Il1R M -RC 1A � - L I Z-1 T�Sey S -S F AI'k « y -- IYAC A OF L- A r,ID Legal Description of the Property (Lengthy Description May be Attached): A-T-i jC tT M ENT �Af " Uniform Land Use Application (rev. 7108) Page 1 of 2 leMi Survey of Property (11" x 14", 20" Scale) $500.00 Application Fee (non- refundable) Note: Resolution No. 98-11 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 cost. Letter Outlining Request ✓ City Location Map Notarized Letter of Owner's Authorization 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 rent in the summary denial of this application. JEI?RV 80a P- Ez - Ll nIQD rgnat-We Printed Tame Date Checklist for Comprehensive Plan Amendment applications Wu 1 2 3 4a I 4b 4e 4d 5 I 6 Completed and signed application Applicants letter outlining request Notarized Ietter of consent from owner * Property survey certified boundary survey, date of survey, surveyor's name, address and phone number Legal description on survev 4 Comvutation of total acreace to nearest tenth of an acre on survey Drawine size 11 x 17. if larger size, submit 13 copies City location map within 100 feet of subject property Application fee (non-refundable) - $ 500.00 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. 91P11D Tj q1 o A//A- IlWor -ea�� 90a— * Necessary only when the applicant is different from the property owner. Uniform Land Use Application (rev. 7/08) Page 2 of 2 July 17, 2008 Jerry Suarez 3679 NW 4t' Ave Okeechobee, FL 34972 To Whom It May Concern; I, Jerry W. Suarez, owner of 701 NE 3m Street am requesting change of land use for the fish house and the single family house to be an office building. Thank You, Jerry W. Suarez (2 July 17, 2008 Jerry Suarez 3679 NW 0 Ave Okeechobee, FL 34972 To Whom It May Concern,: I, Jerry W. Suarez, owner of 701 NE P Street, state that the information on this application is true to the best of my knowledge. Thank You, MMEMM UNWir FL Nwl= idAY J&Tws Cmpu* br- COD16 F OW 1M.5a . MR= 2FM p9Ms-r 14a40ba2wpsnO- - Warranty Deed MAURO TOVAX A MNGJLZ MAH, whose address is 92$6 SR 6M DRIVJ4 C)MMCOM FL 34974, heraindber Called dw PAWW In 1) & A FROPMMS OMNFZN INC, A, MMOPMA CORPORAMON,. 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COMMSAM PLAT BMGRPU=ED INPLfkx'$DbK 1,.-PAGB l%PtMUC=0RD8 OF•'; • OK w _�, �BEB COINff, FLORIDA, AND SAM FL&T BMNG RECORDED IN MAT BOOKS; PACM 5, PUBLIC RPCORDS OF O$FECHOBEE COUNM MORIDA..•. schdcb Pile Number 29776 Lng Dodupdon v A Non Hon —tad C7wa4 cbw 05-23-2008 11:22 D A SOD 863 467 0610 PAGE:2 1 jam fat; CAM & JL Aftimp leer ASI" C d�t4CCtALL 40q NMZndit MC 4Neeairsbm%FL34M: iflI"�fiF—TA Pwool ldsrwbae bn No. 3464r- S00 O-MI04010 t5pme Above -This Lies For Recording Data} R-t8•sa .u-3so.w Warranty Aged (STATUTORY FORM- eF:L'i 0W 689A'1, P.9.) This h deote coeds that 4t h dN of Jutx, 28M Between , RICK A. L=ii=Y and 80Nf TA o6 t.iGHTm, husband and wffa whose post adrm eddiew is az NE ah Arrow^ CM@d pbo% FL 34M of Do Cot" of Okiwhobes, Stab of Pit Mw/ grwAw-. and -DAM NUNNEa JiL and,!►iIIQ Abd wily wi>oee.poetoffkaao*m la O N. Pa cML . Awrwe, Okegshobas� FL 9dS71af theCouo�►of Oimechobas, Siateof fiorWa, graoriee•, _ Wit 4wc& ttiatssid goaodar. far and in =mfdOt dbn of file Stan ofTEN AND NWOO DOLLARB (31040) aed other good wid.vWuab s =i dderafiorar io acid Wafft to hand paid.by said gMntM tFre receipt whereof is hereby fallowft described 1� �� g end i W Ok"*.hob`o Ca" t� s and assigns rorevex,. be A PORTION CW A PARCEL OF iAND LYWG iN SECTIDN Jk TCYtb=lp 3T SOUM. RANGE 36 Mr, Oi EEOHOBEE COUNTY, FLORMk AND BEMG MORE PARTICULAIRLY DE9CftW Of THEATYACHED EXHIBIT "A'". Subject to rewftdom. teee:vations wo easamerm of M04 Fang and acid WWftr does hmoby !Wy wbrrant the title to said land. and wdl defend the same 290M bWIW claAna of aq pmonswhommmm. "Gtmtce ond' nwW en and for*ayW ar0jA as aw M mquW& In Witum Whsowt WMIGr has her Vnb sat grantor's hand and seal the day and year fihd above w hm i3fgn4 salad and delivered in our pmswcw I o 1tWKALlc3$TSBfir� lot WHNWpftNne . BGNITAD. god Pr6otNmw Stmp eiFIGAdL Combro[Okeeehoise The > Tt9RT9BY, � edpdk°dbbet� m '"' gws byM=A L' XffMEY and DONITA D. ideatffioaTiga, IdAN13tIDoIIt [Nom'Y wWAM IELJKu M�4tiat N�y�ib . Pfr "W www llfy Corom6aioo YScp� Book655/Page216 cmmowowm Page 1 of 2 06-04-2008 15:51 D A SOD 863 467 0610 PAGE: 1 - "4I� _ - �.ri! :zti-'yl ::�r'?•.�- r ••ISv�Si 1m - :4�.. _ _ - y� (� ik :eAT A PARCEL OF LAND LYY O IN'SECTION 13; TOWNSM 37 SOUTA RANGE 35 EAST, OKEECHOBEE COMM FLORIMAND•BM40 COMPRISED OF ONE -OF THE PARCELSOF LAND AS RBCORDEDIN WFIQALMEORDS (0 fi.) BOOK 645, PACE U70-OP TIC PUBLIC. RECORDS. OF- oxEECHoBEE COUNTY; ,FLORMA. AND BEINQ MORE PARTICULARLY - DESCRIBED AS FOLLOWS: COMMENCINO AT THE SOUTHEAST CORNER OF TAT 1 OF BLOCK 116, OXMCHOBIrR,. ACCORDINGTOTHSPLATTFMZOFRECORDEDINPLATBOOK5; PAGES,PUUXRECORDS OF OKEECHOHZ COUNTY; FLORMA.. THE M RUN SOUTH AND RUMNQ ALONG 'ice Wl~STERN BOUNDARY OF PARCEL 4 ACCORDING: TQ PLAT•NO: I. OP' TAYLOR CREEK_ WATSRSHM AS REWRDED IN PLATBOOK 3, PA 929, PUBLIC RECORDS OF OKEECHOM COM4TY, FC OPJDA, TO THECEt+iTElMNE'OF TkM 15STOOT ALLEYWAY IN JAM BLOCK M AND TfM POINT OF BEGINN24M, TFiENCB• CONTRWE SOUTH; ALONG THB VESTFRN BOUNDARY OF SAID PARM 4-AND THH EAST BOUNDARY OF SAID BLOCK lid, TO THE SOS aMM i3PW 12 OF'SAID BLOCK 116 AND AUS"ENE THE NORTHWEST -- CORNER OF (PARCEL 3 OF SAID MAT -NO. 1. OFTAYLOR; CREEK WATERSHED; TMWCE RUN SOUTHWESTERLY, ALONG TM WEST BOUNDARY OF SAM PARCEL 3, TO THE CM?rMU.INBOFNE.31DS'TPMTMMMERLYNII+MSTR)3ET};' CBRUNEAS%ALONCI SAM CPNTERLM OF SAM NX_3m STREET F is ?�'3t €" Fx'T "1�EDI4AST, TOTif? M-1Z QRBL=OFTAYLCR 7$-WCERUNNORTH$RLY,ALONG3AM w? �rau g�T_ _nvTA'yz�-'A m. t12 W17HTFIE� OF SAE! 15 FOQT ALLEYWAY n&1mgw1w EAST,. TFIM Rt31`T WEST, ALONG THE CST EU lAiS OF SAID ALLEYWAY EJCiMED, TO THE POIIrTT OF BEGRGMG C.+M Baak6551Page217 CFN#2008006689 Page 2 of 2 06-04-260-9 15: Si U A SuU 9676 4677 OGiO PAGE: 2 D & A Properties, (Nrmez), Inc. 610 North Parrott Aven Okcechobee, FI 34972W This Instrument prepared by: D & A Properties, (Nunez). Inc. 610 North Parrott Avenue Okeechobee, F1 34972 Parcel ID # 3-15-37-35-0010-0OOIO-001D Grantees) SS#' F_ ® �N� ®P���i090107 O OtD6S7 G 1786 SH BERTSON► CLERK OF CIRCUIT COURT DK BE���E COUHTY FL RECORDED 08/01/2003 10246142 AN AMT 10.00 RECORDING FEES 10.00 DEED DOC 0.70 RECORDED BY 6 Newbourn Ps 17861 (Ips) SPACE ABOVE THIS LINE FOR PROCESSING DAT t This Quit Claim Deed, Executed this 18 'h day of July, 2008, By D&A Properties,(Nunez), Inc., first party to Jerry W. Suarez, whose post office address is 3679 NW 6t° Ave, Okeechobee, FL 34972, the second party. (Whenever used herein the terms "first party" and "second party" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals and successors and assigns of corporations wherever the context so admits or requires.) Witnesseth, That the first party, for and in consideration of the sum of $10.00 (Ten Dollars) in hand paid by the second party, the receipt whereof is hereby acknowledged, does hereby remise, release, and quit claim unto the second party forever, all the rights, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situated, lying and being in the County of Okeechobee, State of Florida, to wit: A parcel of land lying in section 15, township 37 south, range 35 east, Okeechobee county, Florida, and being comprised of one of the parcels of land as recorded in official records (o.r.)book 645, page 1370 of the public records of Okeechobee county, Florida and being more particularly described an follows. Commencing at the southeast corner of lot 1 block 116, Okeechobee, according to the plat thereof recorded in plat book 5, page 5, public records of Okeechobee County, Florida. Thence ran south and running along the western boundary of parcel 4 according to plat no. 1 of Taylor creek watershed as recorded in plat book 3, page 29, public records of Okeechobee county, Florida, to the canter line of the 15 foot alleyway in said block 116 and the point of beginning, thence continue south, along the western boundary of said parcel 4 and the east boundary of said block 116, to the southeast corner of lot 12 of said plat no. 1 of Taylor Creek Watershedr thence run southwesterly, along the western boundary of said parcel 3, to the centerline of S.S. 3m street (formerly ninth street) extended east, to the western shoreline of Taylor creek; thence run northerly, along said western shoreline of Taylor creek to the intersection with the centerline of said 15 foot alleyway extended east; thence run west, along the centerline of said alleyway extended, to the point of beginning. To Have and to Hold The same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity to the only proper use, benefit and behoof of the said second party forever. In Witness Whereof, the said first party has signed and sealed these presents the day and year first above written. Signs seal tck and delivered in the presence of: -A�t - Z ( -& C Wtn6ss Signature ( s to first Grantor) /Grahtor Signature Kimberly Anderson D & A Pmoer ies. Nunez). Inc. Printed me Printed Name 610 North Parrott Ave ess ignature o� Post Office Address T Murohv Okeechobee. FI 34972 Printed Name Winess Signature (as to Co -Grantor, if any) Co -Grantor Signature, (if any) W o a�Printed Name Printed Name is nr Witness Signature (as to Co�Grentor, if any) Post Office Address � Printed Name STATE OF FLORIDA, Z ►- > c� c t: COUNTY OF OKEECHOBEE r hereby Certify that on this day, before me, an F w+ officer duly authorbad to administer oaths and take W G n acknowledgment*, personally appeared. 9 O tie z known to me to be the person described In and who $ = H g J executed the foregoing instrument, who acknowledged before me that Hel3barrhey executed the same, and an oath was taken. (Check one) EKSId person(s) is are personally known to me, tos ❑Said person(s) provided the following type of identification: NOYARY SEAL Witness my hand and offlcjal seal Int� � and Ste I st ato b day of 2009 0�8 Ad m .- C; L L IPoOKA Many PIM8 . sties of Fbdda JZ �' ,�T��h�mradoobgNasNors,2010 ss'{�XCR NnftdT -0NWMdN-WyA. Pltnted Book657/Page1786 CFN#2008009007 Page 1 of 1 Return to: D & A Properties, (N)mez), Inc. 610 North Parrott Avenue Okeechobee,F1 34972 This Instrument prepared by: D & A Properties, (Nunez), Inc. 610 North Parrott Avenue Okeechobee, F1 34972 Pared ID # 3-15-37-35-0010-01160.0070 Orantex(s) SS# FILE M 2008009008 OR BK 00657 PG 1787 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYe FL RECORDED 08/01/2008 1046342 AM AHT 10.00 RECORDING FEES 10.00 DEED DOC 0.70 RECORDED BY 6 ffewbourn Ps 1787; (1ps) SPACE ABOVE THIS LINE FOR PROCESSING DAZA This Quit Claim Deed, Executed this 18 th day of July, 2008, By D&A Properties, (Nunez), Inc., first party to Jerry W. Suarez, whose post office address is 3679 NW 6t1 Ave, Okeechobee, FL 34972, the second party. (Whenever used herein the terms "first party" and 'second party" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals and successors and assigns of corporations wherever the context so admits or requires.) Witnesseth, That the first party, for and in consideration of the sum of $10.00 (Ten Dollars) in hand paid by the second party, the receipt whereof is hereby acknowledged, does hereby remise, release, and quit claim unto the second party forever, all the rights, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situated, lying and being in the County of Okeechobee, State of Florida, to wit: A parcel of land lying in section 15, township 37 south, range 35 east, Okeechobee county, Florida, and being comprised of one of the parcel& of land as recorded in official records (o.r.)book 645, page 1370 of the public records of Okeechobeeraomty, Florida1y-d&see&bed-as follows (Commencing it ". e.,ucneast corns -of lot 1 block 116, Okeechobee, according to the plat thereof recorded in plat book 5, page 5, public records of Okeechobee County, Florida. Thence run south and running along the western boundary of parcel 4 according to plat no. 1 of Taylor creek watershed so recorded in plat book 3, page 29, public records of Okeechobee county, Florida, to the canter line of the 15 foot alleyway in said block 116 land the point of beginning, thence continue south, along the western boundary of said parcel 4 and the east boundary of said block 116, to the southeast corner of lot 12 of said plat no. 1 of Taylor Creek Watershed; thence run southwesterly, along the western boundary of said parcel 3r to the centerline of N.B. 3' street (formerly ninth street) extended east, to the western shoreline of Taylor creek= thence run northerly, along Isaid western shoreline of Taylor creak to the intersection with the centerline of said 15 foot alleyway extended �eaait thence sun west, &long the centerline of 344d alleyway extended,_ to the point-ai-beginning. To Have and to Hold The same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity to the only proper use, benefit and behoof of the said second party forever. In Witness Whereof, the said first party has signed and sealed these presents the day and year first above written. Sign d, s ed d delivered in the presence of: t Witness Signatu as to rrrst Grantor) ra �mrt 'Kimberlv Anderson D $ A Pies. unez). Irlc. P e Printed Name _ 610 North Parrott Ave Witness Signature a first ntor Post Office Address T MurDhv Okeechobee. FI 34972 Printed Name ur Witness Signature (as to Co -Grantor, If any) CO -Grantor Signature, (•)f any) 4 Printed Name Printed Name rn = u) Witness Signature (as to Co -Grantor, If any) Post Office Address 4 Printed Name a Z r)!- STATE OF FLORIDA, n a COUNTY OF OKEECHOBEE I hereby Cat" that on this day, be%n me, an offtw duly authorized to administer oaths and take i'rii Uj _ /) acknowledgments, pwoonally appeared. g O X Z /7%ll 17,17 known to me to be the person described in and who " a t executed the foregoing Inetrument, who acknowhoged before me that HeJ,eIThey executed a S+ 0 the same, and an oath was taken. (Check one) gSald person(t) is are personally known to me. IISaid person(s) provided the following type of identification: NOYARY SEAL Witness my hand and seal in County and a test ate sea thin fh day of t 2M.a�8 A CHERVL L ZRtOM 1qaknd1dVvW*N11 wotsry Public- State ofFlorida nyCemsirbn EaPtrea t4T, 4, 2010 CaemMes n W 612562 Printed �nwlNdsrMn Book657/Page1787 CFN#2008009008 Page 1 of 1 m; • • i 1 x®•sr 1rE I]aarld Ila]•s503E IYrin IDLT F/.:IYwWMrel a QIMTCR rom t C0 1 IMWIw•67M'A 111 A, v. Llnel 1.A. 6�ISR pAIE K WAIN L mle ewni I, An,l AP Ivi—tin wlWl DI 14[n1eWP/Iebt IM n p Yn eb, 0 "AM rnM, K TYPICAL Loom ;AEI lflu to rwlf/ w leq eYnre, IxeC NK.-W[WWIWI l,RMt G.w rigp-Ii nYI a W IGnle w pferywsd I,R0 ept Iwetb �pINM px-OIfALiE qqpppp�� FDui Ne leen N[pi u ,NMa t mII Iu^rp G nt nllL YItw wl INI NsiWNWm WIWEIII fEi Is-urlexW Faun PIK YI Y7GI M.s111 I[�.I or a nwlm empn/ IN el Nd AP , raI Inr pl Neer. I—NAN IR-INX /IR FWM ra-pm-atlK nliMllFD gB1Y,E WNTN; IItbNt w .. — 1, 11p1111N e1LAp1 wlna ewnl b swvpw. F0.i1D11N IOWa [ Llaa p In.—X[A]AE 111-,A M PGT 111-n Itn olm a N[w/lN 11 FIW W Ntb LG/19D1 qa1 • I.7, Aqd, WN 1 IIN IC�iYADInxR Y -WPrI[ TAW W -NWNE Ip Nt Ip[IubO kof Pf tli7 Ll" Fl,el ZbN L, A„eM1n Laln11 rt ifllF niexa R -Pam PDtE R 6 M Pl,nliN L LnIN Dpwinnl. aFLDa111GYfl.PIR '. pp-RIK.LWa PIR R� iLX An. LIE W -Wim 6 mw1 en M rnI _M--01Y1ra MAD ru¢ lIW W-uNwWeo 1—dId ANIM INt we ba Pum 'A N m e PAp M,1 ni M fNb la iM Dpll[ NGfr6 n e aw CTIM" -� nlrrn+ c�T t P I Ira/r - A]RWT earcPRY G1lMY OR INS TO TXE PUW7 7KROF IL1bgE11 IX PIAT NXIA ;OF n RM 29 AlAW TK R C IHAG] n NEEONDFF tpgT, FLa110A A PAARi OF LYID LTIq IX 6EGf1Wl 16 iD1A6MIP n 60n1E WIRE 36 GLi, WEE- LNDEE CWMIT i1W110A Aq �Iq WWRIBFO Of 7E a TIE PWCFI] OF LNO A] aFtagm IM OIFICIu Ra.ml 0.0. 100r DID. Et 1]A R E IM ARUN 6 DnEGmFE CWINII. FEmIN Iq IW IW6E PYITICLSNLT OF%TIIEO A] F0.1AI] t01 INBAIRIPM FIdR gINF A MAIN` NXa T I " K 4 II WPM 9W DAN` IF PARR / ACWgI W 70 0.A1 M6 1 DF TALL➢R dEFII N1EM19E➢ 11 I cam IN RAl mWI a IAXE 7a PaRiL AELOg4 a *RED M tour" FLORIat iD iNE ifl1lERlq 6 TIE l6 FW/ IItETNT IN MID ROtlt II6 W THE qlq DF EDINIIXa 71EMCE IF to I rF007 NOW 11E I MID R DOMMT DF SAID Q, / Iq TIE FAn BWAW- ART DF ]AID WOIX 11a TD TIE ]DYIgAST =V OF IN 12 IF MID P-0 11] Iq W30 BEIW iW YDRIIYESf PdIDEa DF IAIEa ] 6 NID R.11 - 1 R TATLOR tlEF[ WIE%IFa 11ONE 11W SODIMIESIE0.T 1XE YEnEIW NI16NP R NIO AM 10 IIIf PAXIFRIME 6 NE ]m nllgfFOfIpLT XININ 411FET1: TIENLF pW EASE, AIWW NIO IN'& q OF NIO NE M nRET (POWEAT NININ ]II@ll mom fAn. 10 INE Mid1EIW IIIAff IIIE 6 TATLW OEEC TIEIa AN 1, km NIO W]IEM OIOfE lIW OF TITIOR �NE1/D TIE INIEaFCTIN rlm IIE CMIXWE K ]GIIO IALIFT��YAT EIITmEgmi °1m�i DMf PDiIPrt oFi�IED IINIK i. 0 LW aDF In Gq: IYYY.Mns ------'T---sav srlry zaa sricl serRo3�]ariq---InIwlYwerb o. os•E.a7,-a �I 6!I n E 4V C'IWET --- —� 1F11T01 A�fiLE IPI ----- MA/x I I a I '• � I I "II LOT 6 �I LOT 5 LOT d LOT 3 LOT 2 LOT I I I INS xDY'6710'E ]00.131FI MR �'afiE DOrIPI _ 19• AI -LEY WM 1 � � I Fr O � LOT 7 LOT 9 LOT a1 LOT 10 LOT II LOT 12� m 31.Y yzac MCI= 116 � I y � _� = xia 3L5� 2 1 A MO�A"2 j I -b W� m7 T p I �( $ —fit- Iry 300. YI'IFI NW6503Y]N'IPI �` All ------� � al __—_—_—_ A�NIIT EMW __��—_---_--_-�-- a6Y/GD W.50]I7/IL` ------� aer.Lmmwee -- -- ---Vji, LOT 5 LOT d LOT 3 LOT 2BL.OIx Id7 prf: Vwlwlwb O �`O n MB9'b0'ID'E Ift 10'Itl tuNFa ql SEf: �Jld� gg§it X r ads 9 JA Da00'(F) to All.PLIw- WW07.01•E�1061]r(L) 2§0 1�1 1.3 /J JdUKNU11 aUGGI, JU1LU Z-VU Fort ers, Florida 33901-2845 PhoiW39-334-3366 Fax: 239-334-6384 Sbff Report —Small Scale Comprehensive Plan Amendment Prepared for: Applicant The City of Okeechobee Jerry Suarez Petition No. 08-005-SSA Staff Report Small Scale Amendment Applicant: Jerry Suare- ,iffice & fish house) Petition No.: 08-005-SSA _`Ap57ariAddress:=- =- 3679_N7__-_�_-_avenue- Okeeclzibee=1=34972== ru.,rg+ RRn --Applicant=Fax Number- 863-467-061-0 -_ -_- ___ _ -_ _ __ _ _` D ri- -r- fir` S -= fr end Contact Person._ _ _ a _ ny C_ecr. (_ i., tzc t$ i . _-_-Propose , _"`a - g 1 50 - 1.50 -- Legal Description: LOTS 7 THROUGH 12, INCLUSIVE, OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT BEING RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND SAID PLAT BEING RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND: A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AND BEING COMPRISED OF ONE OF THE PARCELS OF LAND AS RECORDED IN OFFICIAL RECORDS (O.R.) BOOK 645, PAGE 1370 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, THENCE RUN SOUTH AND RUNNING ALONG THE WESTERN BOUNDARY OF PARCEL 4 ACCORDING TO PLAT NO. 1 OF TAYLOR CREEK WATERSHED AS RECORDED IN PLAT BOOK 3, PAGE 29, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, TO THE CENTERLINE OF THE 15 FOOT ALLEYWAY IN SAID BLOCK 116 AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH, ALONG THE WESTERN BOUNDARY OF SAID PARCEL 4 AND THE EAST BOUNDARY OF SAID BLOCK 116, TO THE SOUTHEAST CORNER OF LOT 12 OF SAID BLOCK 116 AND ALSO BEING THE NORTHWEST CORNER OF PARCEL 3 OF SAID PLAT NO. 1 OF TAYLOR CREEK WATERSHED; THENCE RUN SOUTHWESTERLY, ALONG THE WESTERN BOUNDARY OF SAID PARCEL3, TO THE CENTERLINE OF N.E. 3R1 STREET (FORMERLY NINTH STREET) EXTENDED EAST, TO THE WESTERN SHORE LINE OF TAYLOR CREEK; THENCE RUN NORTHERLY, ALONG SAID WESTERN SHORE LINE OF TAYLOR CREEK, TO THE INTERSECTION WITH THE CENTERLINE OF SAID 15 FOOT Staff Report Small Scale Amendmop Applicant: Jerry ez (office & fish house) Wition No.: 08-005-SSA ALLEYWAY EXTENDED EAST; THENCE RUN WEST, ALONG THE CENTERLINE OF SAID ALLEYWAY EXTENDED, TO THE POINT OF BEGINNING. Description of the Request The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map from Single Family Residential to Commercial. Based on the size of the property (1.50 acres) this application qualifies under Chapter 163, F.S. as a Small Scale Amendment to the Comprehensive Plan. It should be noted that, while this request is submitted by Mr. Suarez, it was originally submitted by David and Anita Nunez. That application could not be processed because an earlier SSA was approved on adjacent property owned by David and Anita Nunez. This is prohibited under Chapter 163 unless one year had passed since the earlier approval. Consequently, David and Anita Nunez transferred ownership to Mr. Suarez so the SSA could be considered. It is our understanding that the intent of this SSA request is the same as originally related to us by Ms. Nunez and, therefore, the following analysis is based on that supposition. Adjacent Future Land Use .. Classifications and Zoning Districts SAM MEWW"i"661fi` East: Future- Land Use Map Classification: SingleFamily= = - Zoning District: RMH Existing Land Use: Mobile Homes across from Taylor Creek 'nd: Usr "er IV�a:plasaif cats CQmnlercia = G \<- .. st r' r. _ .. �;pP `• .,�,.."aS',r yw etF' _� ..����� .. _ ..I ',•t;.3... ... .. .. .. ... .,' s gin..-•; 4 -i ll }- Single- farm rat cJ= ` West: Future Land Use Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: Vacant 2 Staff Report Small Scale Amendment Applicant: Jerry Suarez iffice & fish house) Petition No.: 08-005-SSA General Analysis and Staff Comments The applicant is requesting this amendment to the Future Land Use Map to allow a commercial office building and to continue a commercial fish house on the subject property. The single family structure, located on Lots 7 and 8, is being stripped and is in the process of being remodeled to be used as a commercial office. The fish house, located on Lots 11 and 12, is proposed to continue as it is currently being used. In an earlier conversation with Ms. Nunez, she stated that "the fish house is to continue operations as she is receiving rent from the current tenants, but this site will eventually will be a part of the commercial plaza" she has planned for the area. Issues have arisen in the past regarding continuation of the fish house as a nonconforming use. In 2005, the previous owner purchased the property and in 2007 received permission from the City to continue the use. However, it was understood that this use would be allowed to continue only until the property was sold. In May of 2008 Ms. Nunez purchased the property and shortly thereafter the property was transferred to the ownership of Mr. Suarez, the Applicant in this instance. Since processing operations are only allowed in the industrial zoning district, we do not believe that the commercial fish processing operation will be allowed to continue even if the Small Plan Amendment is approved and the property is rezoned to CHV as requested. The subject property is currently classified as Single -Family on the FLUM. The Single -Family category only allows one single-family dwelling on each lot with a maximum density of 4 dwelling units per acre. An application by the previous owner was considered for a similar change to Commercial in June 2007 and was denied. However, David and Anita Nunez own the property immediately to the south. The City Council approved an SSA designating this nearby property as Commercial on the Future Land Use Map and also rezoned the property to CHV earlier this year. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. In implementing the Plan, Policy 2.2 of the Future Land Use Element recommends that the City protects the use and value of private property and environmentally sensitive areas from adverse impacts of incompatible land uses, activities and hazards. In addition, Objective 12 states 3 Staff Report Small Scale Amendme Applicant: Jerry S rez (office & fish house) Otition No.: 08-005-SSA that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses in consistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. In its earlier approval of the SSA and rezoning to CHV of the lands immediately to the south of the subject property, the City determined such actions to be consistent with the Comprehensive Plan. Since the subject properties are very similar in character and context to these aforementioned properties, Staff believes that this request for designation to Commercial on the FLUM would also be consistent with the Comprehensive Plan. B. Adequacy of Public Facilities Potable Water: Water is available to the site via a two-inch line running along NE 7th Avenue. Under the Single-family land use category up to a maximum of four units per acre is allowed. Therefore the maximum number of dwelling units allowed would be six. Staff estimates that up to about 30,000 square feet of commercial space could be constructed on the 1.50 acres by building a two- story structure. The overall Level of Service Standard (LOSS) is 114 gallons per person per day. While OUA has no specific standard for demand for potable water associated with commercial uses, review of other sources including Manatee County, which has developed a table for estimating utility flow for various uses, and the Florida Department of Health, which also estimates flows associated with certain uses for determining system size, lead us to believe that it would be reasonable to use a factor of 100 gallons per 1,000 square feet of floor area. Projected demand with 6 single-family units @ 2.86 pph = 1,960 gpd Projected demand from 30,000 square feet of commercial space = 3,000 gpd Sewer: Sewer service is available to the site but the applicant would need to extend a line a couple hundred feet to connect to the gravity sewer at the west of end of Block 146 or construct a pump station if the gravity sewer would not work. 4 Staff Report Small Scale Amendment Applicant: Jerry Suare. ,ffice & fish house) Petition No.: 08-005-SSA LOSS is 130 gallons per person per day. Demand from a general commercial use is estimated to be the same as for water, about 100 gallons per 1,000 square feet of floor area. Projected demand with 6 single-family units@ 2.86 pph = 2,230 gpd Projected demand from 30,000 sf of commercial space = 3,000 gpd Solid Waste: LOSS is 13 pounds per person per day. Projected demand with 6 single-family units @2.86 pph = 223 Ibs/day. We have no specific data that would indicate the amount of waste that would likely be generated by general commercial space, but we suspect it would be somewhat greater than 223 Ibs/day for a 30,000 sf commercial use. However, there have been a number of instances in the recent past where the capacity of the landfill has been confirmed as being capable of accommodating new development. Staff understands this would continue to be the case in this instance, regardless of the type of use. Traffic: LOS — Principal Arterials C Minor Arterials D All other roadways D Based on the Seventh Edition of the ITE Trip Generation Manual single- family uses generate approximately 1.01 trips in the PM Peak Hour. Commercial traffic generation varies widely depending on the specific use, but even general office use would generate 1.49 trips per 1,000 square feet in the peak hour, and most other commercial uses generate at least three trips per 1,000 square feet. Peak hour traffic with 6 single-family units = 6 trips. Each of the following represents uses of varying levels of intensity allowed in the Commercial Land Use Category: Peak hour traffic with 30,000 square feet of office space = 45 trips. Peak hour traffic with 30,000 sf of general commercial space = 90 trips. Peak hour traffic with 30,000 square feet of medical office = 112 trips. 5 Staff Report • Applicant: Jerry Suar*ffice & fish house) Small Scale Amendment Petition No.: 08-005-SSA NE 4th St. NE 3rd St. - )ape FUTURE LAND USE SUAREZ SITE AND ENVIRONS (� Suarez site ISINGLE - FAMILY 200 0 =MULTI - FAMILY COMMERCIAL F.-OAWAS 200 400 Feet Staff Report Small Scale Amendmo Applicant: Jerry S z (office & fish house) wition No.: 08-005-SSA C. Compatibility with Adjacent and Nearby Land Uses Given the recent actions by the City involving the properties to the south, including the planned commercial development, and the lack of any significant concentration of residential uses east of NE 7th Avenue, Staff believes that the proposed amendment can be considered to be compatible with adjacent land uses. Staff recommends approval of the applicant's request to amend the Future Land Use Map from Single-family to Commercial. Submitted by: James G. LaRue, AICP September 10, 2008 Attachments: Future Land Use Map; Zoning Map; Property Appraiser's Aerial Photograph 1st Hearing Planning Board September 18, 2008 City Council: October 7, 2008 2 Staff Report Small Scale Amendme Applicant: Jerry Sz (office & fish house) Wition No.: 08-005-SSA N-E--3rd-Si, NE 2nd St. ZONING SUAREZ SITE AND ENVIRONS ioer street LFC-'3FNn Suarez site RSF1 _RMF CHV 200 0 200 400 Feet • CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENTS AND APPEALS Regular Meeting September 18, 2008 Minutes I. The City of Okeechobee Planning Board/Board of Adjustments and Appeals met in regular session on Thursday, September 19, 2008 at 6:00 pm in the Council Chambers, City Hall, 55 SE 3rd Street, Okeechobee, Florida. Board members present were Chair Devin Maxwell, Vice Chair Dawn Hoover, Terry Burroughs, Kenneth Keller, Douglas McCoy, Mike O'Connor, Alternate Osiel Torres, Alternate Karyne Brass. Board Member Malissa Morgan was absent. Osiel Torres was designated as a voting member for the meeting. Also in attendance were City Attorney John Cook, Senior Planner Bill Brisson and Board Secretary Betty Clement. Chair Maxwell called the meeting to order at 6:00 pm. III. Approval of Minutes. Member McCoy moved to dispense with the reading and approve the summary of Board Action for July 17, 2008; Member Hoover seconded the motion. The motion carried unanimously. IV. Public Hearing. Item #1, Application No. 08-005-SSA: Jerry Suarez, property owner and applicant. Request for land use change from Single Family (SF) to Commercial (C). The property address is 701 NE 3rd Street. Mr. Brisson presented the application and the Staff recommendation of approval stating the property is consistent with the Comprehensive Plan Use Categories and Plan Policies, the public facilities are adequate and compatible with adjacent and nearby land uses. Traffic issues will be addressed at the time of site plan review. Chair Maxwell opened the public hearing Anita Nunez, representing the owner, addressed the Board. She reported the old fish house would eventually be removed and the small house was going to be remodeled and used as the construction office for the project that is to be developed on this property and the property to the south. The first phase of the project is a convention hall, 12,000 square feet with water frontage to compete with the KOA and is scheduled to be completed June 2009. Intend to submit for site plan review for this first phase to be heard at the October Technical Review Committee Meeting. Chair Maxwell asked whether there were questions and/or comments from the public? Robert McCrocklin, 604 NE 3rd Street, one house up from the comer, NE 7 Avenue. He said he was representing several of his neighbors. Mr. McCrocklin expressed to the Board his wish to be on record as opposing the land use change. Mrs. Nunez asked for clarification, of Mr. McCrocklin's residence in proximity of the property, then noted, there are several operating businesses in the area. Member Hoover moved to close the public hearing. Terry Burroughs seconded the motion. The motion carried unanimously. Board discussed the development location noting would clean up and enhance the area. The Board concluded this would not create a noise issue. Also discussed was a possible lighter use of commercial zoning. Mr. Brisson stated the rezoning was coming up directly after this application. Member Burroughs moved to find Application No. 08-005-SSA consistent with the Comprehensive Plan and recommend approval to City Council to change land use from single family to commercial; seconded by Member O'Connor. The motion carried unanimously. Item #2,Petition No. 08-005-R: Jerry Suarez, property owner and applicant. Request for rezoning designation from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV). The property address is 701 NE 3rd Street. Mr. Brisson presented the Petition and the Staff report of approval. This Petition is the rezoning of the prior item we just discussed for land use change. CHV district is consistent with the land uses. Buffering would be addressed at the site plan phase. Chair Maxwell opened the public hearing. There were no questions and/or comments from the applicant or the public. Member O'Connor moved to close the public hearing. Member Burroughs seconded the motion. The motion carried unanimously. Board discussed possible less dense commercial zoning. Decided not a good option due to the property to the south being zoned heavy commercial and the use proposed. REVISE'U OCT 21- FINAL EXHIBIT NO. ORDINANCE NO. 1030 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) AND INDUSTRIAL (IND) 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, Jerry Suarez, property owner, of the property more particularly described hereafter, has heretofore filed Petition No. 08-005-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 1.5 acre(s) from Residential Single Family -One (RSF-1) and Industrial (IND) 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 September 18, 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: LOTS 7 TO 12, INCLUSIVE OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND SAID PLAT BEING RECORDED IN PLAT BOOK 5, PAGE 5 PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PARCEL TWO: AND A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AND BEING COMPRISED OF ONE OF THE PARCELS OF LAND AS RECORDED IN O.R. BOOK 645, PAGE 1370 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF BLOCK 116, OKEECHOBEE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. THENCE RUN SOUTH AND RUNNING ALONG THE WESTERN BOUNDARY OF PARCEL 4 ACCORDING TO THE PLAT NO. 1 OF TAYLOR CREEK WATERSHED AS RECORDED IN PLAT BOOK 3, PAGE 29, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, TO THE CENTERLINE OF THE 15 FOOT ALLEYWAY IN SAID BLOCK 116, TO THE Ordinance No.1030 - Page 1 of 2 SOUTHEAST CORNER OF LOT 12 OF SAID BLOCK 116 AND ALSO BEING THE NORTHWEST CORNER OF PARCEL 3 OF SAID PLAT NO. 1 OF TAYLOR CREEK WATERSHED; THENCE RUN SOUTHWESTERLY, ALONG THE WESTERN BOUNDARY OF SAID PARCEL 3, TO THE CENTERLINE OF NORTHEAST 3RD STREET (FORMERLY NINTH STREET); THENCE RUN EAST, ALONG SAID CENTERLINE OF SAID NORTHEAST 3RD STREET (FORMERLY NINTH STREET) EXTENDED EAST, TO THE WESTERN SHORELINE OF TAYLOR CREEK; THENCE RUN NORTHERLY, ALONG SAID WESTERN SHORELINE OF TAYLOR CREEK, TO THE INTERSECTION WITH THE CENTERLINE OF SAID 15 FOOT ALLEYWAY EXTENDED EAST; THENCE RUN WEST, ALONG THE CENTERLINE OF SAID ALLEYWAY EXTENDED, 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 Single Family -One (RSF-1) and Industrial (IND) 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 7th day of October, 2008. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 21st day of October, 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1030 - Page 2 of 2 • LARuE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 • FAX: 239-334-6384 MEMORANDUM DATE: October 2, 2008 TO: Mayor and City Council FROM: Bill Brisson RE: Revised Staff Reports for Petitions 08-005-SSA and 08-005-R Attached are revised Staff Reports for the above reference petitions for a Small Scale Amend- ment and Rezoning submitted by Mr. Jerry Suarez. These applications are associated with the commercial development proposed by Anita and David Nunez along the west side of Taylor Creek, which has been the subject of prior SSA and Rezoning approvals. The Planning Board held its public hearings on these petitions on September 18t'. At that time the SSA was approved unanimously and the Rezoning was approved on a vote of 5:2, with Mr. McCoy and Ms. Hoover dissenting. During the public hearings Mr. McCoy had questioned a the statement in the Staff Report that the requests were essentially similar to the requests by David and Anita Nunez considered at a prior meeting. It was not until after the meeting that I realized specifically what Mr. McCoy was referring to, and it became clear that our Staff Report and my presentation contained errors that should be corrected before the City Council considered the petitions. Specifically, the maps in the Staff report mistakenly showed the two properties immediately south of the subject property to be designated Commercial on the FLUM and zoned CHV. This is incorrect. These properties are still designated Single -Family and zoned RSF1. Therefore, the circumstances are different from those upon which the findings and recommendations in the original Staff Reports were based. Consequently, we have provided you with the attached revised Staff Reports. A copy of this letter and the revised Staff Reports are also being provided to the Planning Board members in the event they should wish to comment at the City Council meeting. I apologize for the error and any confusion it may have caused, and will be at the City Council meeting to discuss these petitions. In the meantime, should you have any questions, please feel free to call me, either at the office or on my cell phone (941-228-1499). `r •• I 1So Arepared for • City of Okeechobee Applicant: From: To. Petition No. 1375 JackF Street, Suite 206 Fort Myers, . torida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 .Terry Suarez (ofice and fish house) RSF-I & Holding CHV • • Staff Report Applicant: Jerry Suarez(Office & Fish House) Rezoning Request Petition No.: 08-005-R Applicant: Applicant Address Contact Phone Number Contact Person Future Land Use Map Classification Zoning District Use of Property Acreage Access General Infonnation Jerry Suarez 3679 NW 61h Avenue Okeechobee, FL 34972 863-634-7302 Danny Creech, Sr.(friend) Existing Single-family RSF-1 & Holding Vacant dwelling & occupied Fish House 1.50 Proposed Commercial CHV, Heavy Commercial - Offices and Fish House 1.50 Legal Description: LOTS 7 THROUGH 12, INCLUSIVE, OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17 OF THE PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT BEING RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND SAID PLAT BEING RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND: A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AND BEING COMPRISED OF ONE OF THE PARCELS OF LAND AS RECORDED IN OFFICIAL RECORDS (O.R.) BOOK 645, PAGE 1370 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, THENCE RUN SOUTH AND RUNNING ALONG THE WESTERN BOUNDARY OF PARCEL 4 ACCORDING TO PLAT NO. 1 OF TAYLOR CREEK WATERSHED AS RECORDED IN PLAT BOOK 3, PAGE 29, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, TO THE CENTERLINE OF THE 15 FOOT ALLEYWAY IN SAID BLOCK 116 AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH, ALONG THE WESTERN BOUNDARY OF SAID PARCEL 4 AND THE EAST BOUNDARY OF SAID BLOCK 116, TO THE SOUTHEAST CORNER Staff Report Applicant: Jerry Suarez(Office & Fish House) Rezoning Request Petition No.: 08-005-R OF LOT 12 OF SAID BLOCK 116 AND ALSO BEING THE NORTHWEST CORNER OF PARCEL 3 OF SAID PLAT NO. 1 OF TAYLOR CREEK WATERSHED; THENCE RUN SOUTHWESTERLY, ALONG THE WESTERN BOUNDARY OF SAID PARCEL3, TO THE CENTERLINE OF N E. 3R1 STREET (FORMERLY NINTH STREET) EXTENDED EAST, TO THE WESTERN SHORE LINE OF TAYLOR CREEK, THENCE RUN NORTHERLY, ALONG SAID WESTERN SHORE LINE OF TAYLOR CREEK, TO THE INTERSECTION WITH THE CENTERLINE OF SAID 15 FOOT ALLEYWAY EXTENDED EAST, THENCE RUN WEST, ALONG THE CENTERLINE OF SAID ALLEYWAY EXTENDED, TO THE POINT OF BEGINNING. The Applicant requests a zoning change from the existing zoning classification of RSF1 and Holding to CHV to allow commercial uses on the subject property. Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Single Family RSF-1 Apache Airboats Single Family RMH Mobile homes across from Taylor Creek Single -Family RSF1 Mobile home and vacant Single Family RSF1 Vacant The applicant is requesting this amendment to CHV to allow a commercial office building and continued use of the commercial fish house on the subject property. The single family structure, located on Lots 7 and 8, is being stripped and remodeled to be used as a commercial office. The fish house, located on Lots 11 and 12, is being proposed to continue temporarily as it is currently being used. Since processing operations are only allowed in the industrial zoning district, we do not believe that the commercial fish processing operation will be allowed to continue even if the property is rezoned to CHV as requested. 2 Staff Report Applicant: Jerry Suarez(Office & Fish House) Rezoning Request Petition No.: 08-006-R Section 70-340 sets forth the following criteria to be considered in acting upon a petition to rezone property. The Applicant has submitted very brief statements addressing these criteria. Following are Staff comments: 1. The proposed use is not contrary to Comprehensive Plan requirements. The CHV Zoning District is consistent with a Future Land Use Designation of Commercial and would not be inconsistent with any requirements of the Comprehensive Plan unless the land were not designated Commercial on the Future Land Use Map. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The proposed office use would be an allowable use under the CHV zoning district but the Land Development Code allows processing operations only in the industrial zoning district. Continuation of the fish processing operation would not be consistent with the limitations of the CHV district. However, numerous other types of business operations that would conceivably be incorporated into the commercial plaza pro- posed for this and the recently rezoned Nunez property to the south would be appropriate. 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 southeastern boundary, the cumulative impacts of the entire commercial development will need to be assessed. Possible adverse impacts of this development could come in the form of excessive traffic along neighboring residential roadways. 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. Staff is reluctant to suggest that the proposed change is compatible with adjacent and nearby land uses. It is a change in zoning that would leapfrog over property designated for residential use and which will result in such property, presently used for residential purposes, being enveloped on three sides by potential commercial development. 9 Staff Report Rezoning Request Applicant: Jerry Suarez(Office & Fish House) Petition No.: 08-005-R However, during the Planning Board's public hearing it was stated that the "fish house", which occupies the easternmost part of the subject property, has long presented a problem in terms of compatibility with surrounding future land use and zoning patterns. The proposed change will ultimately eliminate this nonconforming use. Staff believes that the requested change could be considered compatible with the surrounding area if, in the opinion of the City Council, it is in the best interest of the City to promote commercial development northward from SR 70 in an effort to foster the replacement of long-term nonconforming commercial influences that inhibit redevelopment within the surrounding area. This would set the stage for changing the future land use designation and zoning of the property immediately to the south of the subject property across NE 3rd Street. If this is the City's policy for this area, however, Staff agrees with comments made during the Planning Board public hearing that the property would be more appropriately zoned CLT. This zoning district would allow the type of use proposed by Ms. Nunez -- a multi -functional building for social, religious, political, holiday, sports and other special events. While the proposed use is similar to a community center, because it will be primarily operated for profit, it does not qualify as a community center and therefore would have to be considered commercial indoor recreation. Commercial indoor recreation is a permitted use in the CHV zoning district and is allowed by Special Exception in the CLT zoning district. Staff believes that in the context of the surrounding area and the potential concern over traffic and its effects upon roadways serving the nearby residential areas, that CLT would be the preferable zoning district. This would also moderate the intensity of additional expansion of commercial use that may be considered in this 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. Assuming that the City would expect to view favorably a change in the land use designation and zoning of the property to the immediate south, Staff would expect that the proposed rezoning could raise the value of property immediately adjacent to the subject property. On the other hand, the proposed rezoning and expected commercial development would not have a beneficial effect if the property to the south were to remain in residential zoning and use. 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 Buffering from the residentially zoned property on the west side of NE 7th Avenue may be necessary and will be addressed during the site plan review. If the property to the south remains residential, it would be necessaryto buffer it from the effects of traffic accessing the subject property either via NE 3`d Street or from an internal roadway paralleling Taylor Creek connecting the subject property to the proposed commercial plaza to the south. rd Staff Report • Applicant: Jerry Suarez(Office & Fish House) Rezoning Request Petition No.: 08-005-R 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 development of the proposed plaza commercial area will need to be considered in light of potential traffic considerations. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No traffic analysis has been submitted and one would not be expected for merely a small office building or even continuation of the fish processing operation. If and when the property is developed as a community center/indoor recreation facility, as an integral part of the proposed commercial plaza, in all likelihood a traffic impact analysis will be necessary. Flooding and drainage considerations will also have to be addressed because of the property's proximity to Taylor Creek. 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, and assuming that the Applicant's request for a SSA changing the Future Land Use designation from Single-family to Commercial, Staff would recommend that the request for CHV zoning be denied. Alternatively, Staff recommends approval of a rezoning to CLT. Of course, if the Small Scale Amendment is not approved, Staff recommends that a request to rezone the property to any of the commercial zoning districts be denied. Submitted by: James G. LaRue, AICP Planning Consultant October 2, 2008 Future Land Use Map, Zoning Map, and Property Appraiser's Aerial of site and surrounding area Staff Report Applicant: Jerry tez(Office & Fish House) Rezoning Request Petition No.: 08-005-R Okeechobee County Property Appraiser's Aerial 8 Staff Report Rezoning Request N E -4th St. Applicant: Jerry Suarez(Office & Fish House) Petition No.: 08-005-R ZONING SUAREZ SITE AND ENVIRONS > 7 :S Uj Z ---- NE 3rd -&. - --- i 6 / v :- ------ 44 .1 RMF uJ C MlIvIr Z --� NE 2nd St. (paper street)f` ;r�� r %�`� - -------------- 148 C v HV C C1 51 CHV/,/ MV M �` f — ------- ti. Ka Suarez site RSF1 200 0 200 400 Feet CHV v 7 Z' Hearing: r s I 55 S 3"�` �venuejRoom-101 0keecholiee, Florida 39 03' Phone:. (863) 763-337Z, eW18 1 Z. 3 4 4a 5 6 7 8 9 110 ill 1" Hearing. C?1/8 Publication Dues: Notices Mailed: Name of property owner(s): ` IEpQ V W Owner mailing address:: 11 W CQ ► p VT Name of applicant(s) if other than owner Applicant mailing address: e-mail address:(,/ /( j Name of contact person (state relationship): Contact person daytime phone(s):.l 3 - 11 L —130 2 rFO SI - 41 p-1 Uo IO Property address/directions to property: `701 VE 3 lz1) -5 i t6Fr Describe current use of property: COM"EJeC t A I Describe improvements on property (number/type buildings, dwelling units, occupied or vacant, etc. 1' F-ko us F CVA( 'A- N RCSI D E-nn1:� I - /A�71E- FAInr nOmlrFAFC/A I F-1,51-1 COCC O P IS ) Approx. acreage: r . S- Is property in a platted subdivision? Yrs Is there a use on the property that is/was in violation of a city or county ordinance? If so, describe: YC.5 _ 0 0A4 n4e-tee'%A f F7--5K U 12 Is a pending sale of the property subject to this application being granted? Describe uses on adjoining property to the North: 13 North: 00" M E-ee /i4 % East: 7"q q h,-)/ e ,/7 South:(l/r1(�/E f f11 /d West: \/A C 4 a! I 14 Existing zoning: RSF _ / Future Land Use classification 5F 15 I Request is for: (--X-) Rezone C__) Special Exception (--) Variance n O 00 _�- /s-37-35-400 0- 000/0-(X,o 5- Identification Number: / 37 ' 3 - (7 /1 - / /CP 6 - O 16 Parcel Iden ,. ...... �. � _.-._y... � , 17 I Applicant's statement of interest in property Revised 7/08 Page l of )0 = Non refundable applicatior Rezoning$500 Special Exception: $2511- Variances $250; all plus $30/acre ; 18 Note:: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges— Whenthe costfor advertising publishing and mailing notices of public' hearings exceeds. the established fee, or whena professional consultant.is hired to advise the city on the application, the applicant shall pay the actual costs. 19 Lastrecorded-warranty deed 20 21 P) 23 Notarized letter ofconsent form property owner (if applicant is different from property owner) o / A Three property surveys (one no larger than 11" x 1T) containing_ a. certified boundary survey, date ofsurvey, 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 attestingto completeness and correctness of the list (attached) 23 I Current zoning classificatiion:Rs'F_ / Requested zoning classification AkFA�yy cvnmf" What is the desired permitted use and intended nature of activities and development of the 24 property? OFF7CF d F]SH f-0115E Is a Special Exception necessary for your intended use? At O 25 26 I Is a Variance necessary for your intended use? N O Applicant's materials addressing required findings for granting a rezoning (attach). tkh Describe the Special Exception- sought: N/A 28 Are there similar uses in the area? If so, describe them: NIA 29 If a business , briefly describe the nature of the business, # of employees, hours of operation and any activities to be conducted outside of a building: N /A 30 4 Revised 7/08 Page 2 of 10 Applicant's materiaodressing findings required for granting axial exception (attach) Describe the Special Exception sought. N/A Describe the physical characteristics of the property that make the variance necessary. 34 N/A Did you cause or contribute to the characteristic necessitating the variance? If so, describer 35 What is the minimum variance necessary? �j / A 36 37 I Applicant's materials addressing standards for granting a variance (attach) 38 Applicant's materials addressing findings required for granting a variance (attach) I 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. ,S tore Printed Name Date _J_ JF(RRV 5C)AQG - , Revised 7/08 Page 3 of 10 .rc::-;�g.�� •, a ���a+���u�sFn�a+�v���a,r+rvFuu[tl�uv«�I��xtY,[7GLulY11YL'f� � - '=' OR C'" �NGE IN LAND• DEVELOPMENT" REC-1 T-A IONS ,Sec..70-34% page CD70:16 in the L, 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 Applicantshould provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. Revised 7/08 Page 4 of 10 Jerry Suarez 3679 NW 6tb Ave Okeechobee, F1 34972 863467-0611 FAX: 863-467-0610 To Planning Board/LPA and City Co-w% l 1. The p*c poscd rezoning is not contrary to comprehensive plan requirements. It is { cor spat-ble. -r 2. Yes -Our use is authorized under the zoning district in theiDR's. 3.. Rar use will not have an adverse effect on the public's interest. The existing fish house will continue business as it has for 35 + years and the residential home next door will be remodeled for office use only and will employ 3-4 office employees from 7am-4pm/5 days a week. No wholesale or retail sales will take. place air tLus site. 4. Our use is very compatible with other land uses in the area. It will not urbanize land use patterns. 5. Our use will not have any negative change on property values or living conditions to adjacent property. 6. Yes this property can be suitably buffered from surrounding uses. The office will be a completely remodeled facility and the fish house can be buffered. 7. There will be no change of density pattern which is no problem at present. 8. The proposed use will not create traffic congestion, drainage or public safety. There will be no difference in these items than there is at present. 9. The proposed use has not been inordinately burdened by unnecessary restriction at the present time. Thank You. _�'a 08-04-08 I, Jerry W. Suarez, state that the information in this application is true to the best of my knowledge. Thank You Jerry W. Suarez NaoezlInc. DdNordtP �_ ® �NU®t �iO8�09007 Toft 610 North PmtottAvenne Okexhobes,F134972 O K -CIOfiS7 PG 178E► RDBERTSDN► CLERK OF CIRCUIT COURT Thish�aAVmpamd -0 OGEE' COUNTY► FL 08/Ol/Z008 10=F6s S2 AM D 8& A PropulbW6 (Ntmu)6Imo. h"T 1100RECORDf 00 61ONaa1hPa►mttAvmue RECORDING FEES 10.DO Off' 7 RECORDED BY6 Meubourn Pu=111D#3.15-37-35-0010-0001b-00ID Ps :1786F (fps) Gramee(s) SS#' ^PACE ABOVE THIS LIMB FOR PROCESSING DATA This Quit Claim Deed, Executed this 18 tn day of July, 2008, By D&A Properties,(Nunez)., Inc.-, first party to Jerry W. Suarez, whose post office address is 3679 NW 6t' Ave, Okeechobee, FI, 34972, the -second party. (Whenever used herein the terms `first party" and reecond party- include all the parties to this instrument and the .heirs, legal representatives and assigns of individuals and successors and assigns of corporations wherever the context so admits or requires..) Witneaseth, That the first party, for and .in consideration of the sum of PIO.00 (Ten Dollars) in hand paid by the second party, the receipt whereof is hereby acknowledged, does hereby remise, release, and quit claim unto the second party forever, all the rights, interest, claim and demand which the -said first party has in and to the following described -lot, piece or.parcel of land, situated, lying and being in the County of Okeechobee, State of Florida, to wit: .A parcel of land lying in section 15, township 37 south, range 35 east, Okeechobee county, Florida, and being comprised of one of the parcels of land as recorded in official records (o.r.)book 645, page 1370 of the public records of Okeechobee county, Florida and being more particularly described -as follows. comencing at the southeast corner of lot 1 block 116, Okeechobee, according to the plat thereof recorded in plat book 5, page 5, public records of Okeechobee County, Florida. Thence ran -south and running along the western boundary of parcel 4 according to plat no. 1,of'Taylor creek watershed as recorded in plat book 3, page 29, public records of Okeechobee county; Florida, to the center .line of the 15 foot alleyway in said block 116 and the point of beginning, thence continue south, along the western boundary of said parcel 4 and the next boundary of said block 116, to the southeast corner of lot 12 of'said plat no, l.of Taylor Creek r►atershod► thence ran southwesterly, along the •western boundary of said parcel-9, to the centerline of N.M. 3" street (formerly ninth street) extended east, to the western shoreline of'Taylor creek) thence run -northerly, along said western shoreline of Taylor creek to the intersection with 'the centerline of -said 15 foot alleyway extended east; thence run west, -along the centerlina of said alleyway extended, to the ,point of jxginning. To Have and to Hold The name together.with-all -and singular the appurtenances thereunto belonging or in anywise appertaining, and al'1 the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either 3n law or ,equity to the only proper use, benefit and -behoof of the said_ -second party forever. In Witness Whereof, the said first party has signed .and sealed these presents the day and year first above written. SigneV seal and livered in the presence of: VVW= Signdure (Aj W fi(af811bX $�11811H@;. [[� - Kimberly Anderson DTi.A'rolierties.7Nunez). Inc. �F►rirrted ma - i'rirstadNarr)e>;•,.=�� �~ ', '610'North Parrott Ave ens ]gnattrte o G�ar►ior Frost"OHfoe Addrew ~; J T Murphv •Okeechobee. F134972 Printed Name W 1Miiness Sigrtahrra (as to CO-Gmtor,if any) Co-Grantw ftnatum, (if any) W_ 02 • a Printed Name Pdnted'Name H rA Wi ness Signature (as to Co -Grantor, It any) Post Office Address Printed Name STATE OF FLORIDA. COUNTY OF OKEECHOBEE i heroby Certly that on thls day, trefore nw, an oMow- hty sutlmbod to admkdatar oaths and take t f Par*onal1► sPPeanK-hyla z krHMMID me'tD be•the_pemon described_In and Who �. execulml the.foregokV Instrument, whoa befome that HuMbeiThey-executed g' , the same,,andan oath was :taken.;(Check onsmPP re�RUM(s) is are pwwWly known to me. war, ilSaidpomon(s) provkledtheiolowing type of idettd =don: d, NOYARY.SEAL WFtnessa4y°handand oftal seal to County and te S1 it4,to b day e}ti�1 CMER7LLZRmom aswr t+" -'Btft of Rmlaa ' My �Csx.rskat Dmal2n2 Prinbd' eobwrswo►trao�wmra. Book657/PageVZ6~�;� CF�N#200B0090UT_ _ - Page h of I " .. ---- •_ .-'�a-`. ..:-"�'-.Y. _ .:_�... �az';±:��fYr `_:_t'iazs. :�i:'. ._ ._ ._ �.. - ::.. � - .. ..z Sr;:: _3: �:`:. a@�;. .M� Return to: D & A Proputies, Nun=j Inc.. 610 Nardi PanoRAvenne Okeechobee, F1 34972 This InAnUDOnt FVered by: D & A Propfdea, (Nmiez). Inc. 610 Narth P9=f Avemre Okeechobee, F1 34972 'DR -BK ,.ia657 'PG 1787 SHARON RMTSDNI CLERK OF CIRCUIT CDURT DKEECHDSEE-CDUNTYP FL RECORDED 08/01/2008 10346142 AN •At1T -10.00 RECORDING FEES 10.00 DEED DDC 0.70 RECORDED ZY 6 tiewbourn Parcel ID # 3-15-37 35-0010-01160-0070 -Ps Orw toes) SS# TPACE ABOVE THIS LINE FOR PROCESSING DATE. This Quit Claim Deed, Executed this 18 L° day of,July, •2008, By DSA Properties, -(Nunez), Inc., first party to Jerry W. Suarez, whose post office address is 3679 NW 6h Ave, Okeechobee, FL 34972, the -second party. (Whenever used herein the terms `first party' and "second.party' include all the parties to this.instr{ment and the heirs, legal representatives and assigns of individuals and successors and assigns of corporations wherever the.context so admits or requires.) Witnesseth,• That the -first party, for and in consideration of the sum of 1$ 0.00 (Ten Dollars) in hand paid by the second party, the receipt .whereof is hereby acknowledged, does hereby remise, release, .and quit claim unto the second party forever, all the.rights, interest, claim and demand which the said first party has in and to the following described. lot, piece or parcel of land, -situated, lying and .being in the County of Okeechobee, State of Florida, to wit: .A parcel of land lying in section 15, township 37-mouth, ran35 east, Okeechobee aonnty, Florida, end being ge comprised of one of the parcels of --,':an recorded in official records .(o.r.)book 645, page 1370 of the public records of Obaschobsevasty, Florida N A.,. , Sellowr. lomenciag.at 1... uw=@&Xt corase-of lot 1.Dlock.116,Okeechobee, according.to the plat thereof recorded in plat book.5. page 5. public records of Okeechobee County, 'Florida.:Thence ron mouthandrunning along the western boundary of parcel 4 according to -plat no. 1 of Taylor creek watersbad.as recorded in plat book 3, page , public records of Okeechobee county, Florida, to the center line of the 15 foot .alleyway in said block 116 Iand the point of beginning, thence continue month, &long the, western boundary of said parcel 4 and the east boundary of said block 116, to the southeast corner of Sot 12 of said plat mo. 1 of 'Taylor Creek Watershed; thence run southwesterly, along the westerh boundary of said -parcel 3, to -the centerline^of W.S. 3a street (formerly ninth street) extended east, to the west*= shoreline of Taylor .creek; thence ran northerly, along jsaid waste= shoreline of Taylor creek to the intersection with the centerline rof said 15 foot alleyway extended 1 thence.ran west, along tbe_2Wtterline gA.s4Ad alleyway -extended., to.the.point-09begianing. To Have and to Bold The same together -with -an and :singular the appurtenances thereunto belonging .or .in anywise appertaining, and all the ,estate, right, title, interest, lien, equity and claim whatsoever of the -said first party, either in law or equity -to the only proper .use, benefit and'behoof .of the :said second party forever. in Witness Whereof, the said first party has signed and sealed these presents the day and year first above written. IS Sign ; s ed d delivered in the presence of: VVbmm Signatuas to lhst Grarpoi) Signature IGjnberiv Anderson ;D & ATProoerties. unez). Inc. / 610'North Parrott Ave wdness Sfgnatune a�tb first Post Diflon.Addreas T Murphy 'Okeechobee. fl -34972 Printed Name witness SWWWre tar to Co -Grantor, if any) co -Grantor sonahtre, (if any) Printed Name Prided Name Witness signature (as to Co -Grantor, N any) Post Office Address Printed Name STATE -OF FLORIDA, COUNTY OF OKEECHOBEE .1 hKoW cer" flint on this day, before me, an of iew duly autltorked to mbft stw OWO and take PWraonally`appearad' known to me to: be -:the person — described In.and who executed the:toregoing Jamdrtunerrt, who. 'before me _ttrat HeMboITlretr executed the same, and an oath was lalwn. jChedcone) IdVerson(s) is are:personaly (mown to me.. IISaid,person(e).pnovided thefollowingtype aF identilicaBon: ( r� r�J ( NOYARY SEAL YYlhlsaa:my.hand and 09101111 seal in tk County and rlaatsio lIda day d,g9si n cwr:WrtLZRwru _ N*bry'fie6c-Sbgemr77orfss� - � wyCssai�beErpissNov6.2010 - t:Oasnlpba4 Do 61250 pflltted' -' ,J• 'Bm016llsa�rlr6WI11NAryAmsi _ Boak657lP�ge 787} F l#2008009008 ;. Y= _: ;. _ Page. of 1 -N�*.r�= _ l r CAstLow M &MCCAL.L. 4WWff WHIftob *kwhnbmwR.3WZ FlWNi6- 47K Pmosl kMr4ftWmNo. now smtk� 'OF cmum cwjRr • I No p OLD t;0O a FWr4 t! a RECORDING` Mu MW MD.- DOW MW RECORD% bY- PP14ow Pss 0216-2M. 0"9) ISPOW Abw&Thb Lkw For RecomIm Dail Warranty Deed (BTAMMY WQPM'-dCn)bW MAX FB-) This ludadas mule Uds 4* day of Juva, 20MBdmm RICK A.LMMMAnd WWA 06 UWnKY,,MWMW MdvAbwhm P0dQT= AMIN I5GQZWMb Avvyw% Mm"Omft M 30M offt ft" of 0howbabse, Bade, at MWW FMAW. ad -DRYAD NUS, JLmdAINUAAJRNMjdnbmdAbdWib*tme.postoffinaddWISGIONoPamcML.--- knM% Okewbobb% IML3&Uid*mCmN*j0f Obmmbdm% SlakerDiflor" 9=tW. Viitnmn&dmtnkftpwft for and kt,,- 1clunk of the sm ofTEN AND-NOM00 DOLLAR$ CHUM and - other good w4vpbdft cortsibrafto b add wonlar In hand pWd-by.=W gmim Varec* whereof Is hweby oftoadedgeck has Fwi* bred, and wW Im #and Wmhm and WaideMs helm and mmWw forever. -be A PORTXM-Oft A PARCEL OF LAND LYWIN 890M.14JOWNSW37 SOUM, RANGE 35 Mr, OKEWIMBEECOUNTY, FLOFJPAAND BMG MORE PARTMLARLYDESCIMM IN TWAVACHM EXHIWW^. - end sold grantor dose lreraby f►+Qy Warrank tlfa ttlla b seld land. and w>ti defend the s�fte apsatnst iawfW csakna Of —&~god Iftmw 2mwwftr*mft0rpwAi* 00*4 (ORVW& satgranist's hand and seael the day and yeertlr above wdloR. 80* sealed aW delivered In our pmswcK- 4 LUn UMV lcwbmwfftmm e)4t A-caz- god WlmrtsPr6otNema u0mm, wm kmam or kalbnUbm pmdwW ps 'tea INKY a pi NOW74%ft 11w psaff" K*md Name: Book655/Page216 cFN#2008006689 Page 1 of 2 - 06-04-2.EM 15:51 D A SOD 863 467 0610 PREiE: 1 A PARCEL. OF LAND LYINO IN SECTIM. 15, TOWNSM 37 SOUM RANG$ 35 EAST, OKEECE013HE COUNTY. FLOIUDA,,AND. BUM C0WO%M OF ONR OF THS"PAKCi;U OF LAND AS IMC.'ORDEDINOFFIUALALBBCORDS,(03LlBOOK64S,.PAOR 1370,OP'YIMPUBUO RECORM OF OXEBCWM COUNTY; FLOPM& AND BEN(3. MORH' PAXT=MARLY- DESCRMEDASFOLLOWS: COMMBNCM; AT TM SOLP.ITMn EbRNffit OF GOT T OF BLOCK 116, t)KBBMOBBA, ACCORDING70 THHPLATTE29WFRECORDBD IN PLATBOOK 5;?A(Mj:PUBXXRECORDS OF uA=i . nv)M COUNTY, FLORMA. THENCIF RM SOUTH AND RUNNING AUVO TS3 WB"WX BOUNDARY OF PAkM t AGCORDM TQ• PEAT NO T OF TAYLOR C tEM WATSASHBD AS RECOP=INPLATBOOK 3, PAM29, PtJ= RMORDS OF OKfiECHO COUNTY, MORMA. TO THE CERMMVZOF THE 25FOOT ALLEYWAY IN SAM BLOCK U 6 AND Tim POINT OF B$I Romm; THD= CONTDm SOUM ALONG THE WWMIN BOUNDARY OF SAID PAR0L 4 AND THS BAST BOUNMY OF SAID NO= 116. TO THIS SOLD COMM 0P ice' 12 OFMD Bit1MHAND AY,SO-MIND THE N()RTT%HST — COMM OF.PARCM 3 OF SAID M ATNO IAPTAYLOR CRMKWATERSM D, TWCERUN SOUTHWE MLY, ALONO TM WER I BQMARY 0$ SAID- PAZML 3, TO THE. CM?rMUM OFN.EL 3PDMVM(POMAMLYMNTHSMMUIMNORUNVAVALONG 'COs-(sii0xsr� � rA1cI�O; r�tc�RiNrrrNOA�iT�eRLY, ALoNo sAB7 -i=nF�r_�_n�PTa,�u' WTT'iiTFIBC8N7'I�tI.IIdB OF SAILS t3 FOOT BYWAY zuzamw Eam, THISM RW WM, ALOW THB CMMRLDM OF SAID ALLEYWAY ===, TO THE POW OF B8C1II+iNII M Baok655/Page217 CFN#2008006889 Paga 2 Of 2 - OG-104-2009 iS: Si D A SOD 963 467 OGiO PAGE: 2 "-SE . 3"w.Avenue. Okeechobee, FL 34 Tele: 863-763-3372. Fax: 863=7 1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): jE pp t I Sub �C Z Mailing Address: %q ��/ (,9T7Avr> OefMbE _ F1 3(tq')Z Home Telephone: Work: Cell: Property Address: O i n e ,� Parcel ID Number•• 3- i 5- 3 7 - 3S O 0/ O O 11(0 0- d 0-7 O onn� Name of Applicant: >A A n t l Oie Ce Ff . ,-5 C Home Telephone: Work:Al,-�_4/o-7-061 1 Cell: 910-ln;�y`73d %. The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department_ It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WHEREOF UNDERSIGNED HAVE SET THEIR AND SEALS THIS DA70FZ'- 20 �- - / OvvNER WITNESS O /'VITNEss Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above ant they a ecuted the power of attorneyrf purpose stated therein. Sworn and subscribed this day of 20 Offlclel Seal Notary lc' SEAL L ' do Huff CO s10 p d Notary PubllC, State of FI°rldo MY Comm. expires December 13, 200S COMM. No- n_ nn'178o6B 1 Revised 7/08 Page 10 of 10 PIN 31537350010011700040 3153735021A000OOOOEO 315373502LA000OOOOWO 3153735021A000000080 3153735021A000000050 31537350010011700070 31537350010014600040 31537350010014600070 3153735021A000000210 3153735021A000000070 3153735021A000000090 3153735021A000000240 3153735021A000000120 31537350010014600010 3153735001000010001F 31537350010011500080 31537350010014700010 3153735021A000000190 3153735021A000000040 3153735021A000000180 3153735001000010001D 31537350010011700020 31537350010011700100 31537350010011600040 31537350010011600010 31537350010011700010 31537350010011600020 3153735021A000000020 3153735021A000000140 3153735021A000O00280 3153735021A000000060 3153735021B000000060 3153735021A000000350 31537350010014600020 3153735021A000000100 3153735021A000000150 3153735021A000000170 3153735021A000000260 3153735021A000000270 3153735021A000000250 3153735021A000000160 3153735001000010001K 31537350010014700060 3153735001000010001H 3153735001000010001J 31537350010014600050 31537350010014600100 NAME B & R ENTERPRISES OF OKEECHOBE BAUGHMAN JAMES & HOLT KIM BAUGHMAN JAMES & HOLT KIM BREWER KAY CARRINGTON & MARIAN BROWN JENNIFER ANN, ETAL BRYANT VERA H BURDESHAW KEVIN W & CAROLYN J BURK DONALD L CONRAD BRUCE F & LOUISE E CROSS STELLA H & LUSTER BILLY ELARDI DOREEN FANTOZZI EDNA MAE & GAINER FOR GRAY JEROME M SR & IRENE K & GREEN HARLEY M & DOROTHY L GRIFFIS CHARLES J GRIFFIS CHARLES J JOE LOUIS LAWSON CONSTRUCTION JORDAN CECIL E & BETTY JO KOENIG MATHIAS C & ELAINE L LEANDER JOHN W JR LIGHTSEY RICK A & BONITA B LIGHTSEY RICK A & BONITA B LIGHTSEY RICK A & BONITA B LIGHTSEY RICK A & BONITA B LIGHTSEY RICK A & BONITA B LIGHTSEY RICKY ALLEN LIGHTSEY STEWART R & MARY K TR LUND STELLA G MAHNKE HAROLD J & CAROL MAMMARELLI KELLY B MARSHALL DOUGLAS R SR & BEVERL MASTALER TERRELL MAY JAMES MCCROCKLIN ROBERT C (TRUSTEE) MCLEOD-COLE CAROL ANN MICHAELS ADLAI E (LIFE ESTATE) MINTON FREDDIE L & MINTON RUBY MORRIS GEORGE MORRIS GEORGE C JR & DOROTHY E MORRIS GEORGE C, III NEHLSEN BERNICE & NEHLSEN SAM NUNEZ DAVID JR & ANITA S NUNEZ DAVID JR & ANITA S NUNEZ DAVID JR & ANITA S NUNEZ DAVID JR & ANITA S PADGETT STEVE ALLAN, ETAL. PEACOCK DANNY R & DEBBIE L • PIN 31537350010014700040 3153735021A000000130 3153735021A000000030 3153735021B000000130 3153735021B000000070 3153735021A000000290 3153735021A000000220 31537350010011600070 31537350010011500020 31537350010011500050 31537350010011500010 31537350010011400070 59 records selected. RAYA LIDUVINA ROWNEY ROBERT J & BEVERLY RYAN JO ANN M & FRANK SCHWARTZ JAMES ROBERT SCHWARTZ JOSEPH & ELLA J SMALL EARL & MARY TINSLEY GAIL I TOVAR MAURO WATFORD DOWLING WATFORD DOWLING R TRUSTEE WATFORD DOWLING R TRUSTEE WATFORD DOWLING R TRUSTEE 50 50 6 Q 3163!>m11m0�001m \86 AC ( CAL 50 50 125 \ 3153735001000010001J 50 50 50 110 msMmmm11Amm " 4 1 7 5 4 3 2 i 4 2 ' 78 AC (CALC 7 8 1 . Q Q r 128.6 (•1 1 1 Q Q 81.3 3153735001000010001F 71537b001m1�mmA miI�100114�m mSi/3501 10 ii 12 5 7 69 N F1 50 50 50 50 50 1o0 I . 62 A C 50 50 ME rAMOMIM 315vmuou7xmm _ 6 X 4 33 \ 12 o 11% o m1U[0 9 10 12 50 1 50 50 50 As3ue n"A mu o3s�lneueoeolo 5 X4 m�17"Vi o 1' c n n 3I3/3moMW=70 3153)3imm111®Im 7 X 9 to x 12 hu w 50 50 6 5 4 3 2 1 Qe I�jf531.�01m1,mm]p � � �� 50 50 Ill®6774 2 0 11� of 319m11M0 89 , 7 8 9 10 11 12 CALC 50 50 Al 3500100001DC 50 50 72.6 3159T.EDt laoma 39mtmuimua^ 5 4 3 1 1 48 AC ( CALC. 1 to �o ]t53)L031001(IOp060 1 6 B 9 . Hi tlu 50 L AC ( CALC. 1 31537350010000t000ik a," 3 1nC� 11 �1 1 o IO 08 4-- 102.25 102.17 p 7R2�,Z, 7 N 107.85 P"o 5. 9 i iaa �waaR,glmmm u, 100 08 1 50 17.36 EN. li s 2D 13 14 70 1� 70.20 22 23 .n 1 98.24 31sns C mom r� 528 107.16 135. 18 n 2 C i 3i 31s3775II1160mm310 B7 0 33 90 0 105 0. 6'. 265. 72 Number. 3-15-37 35-0010-011 ll it by and return to; kit, wAJCRR nde Tttle Company. tree. IDS NW 6th .%cet Okeechobee,Flocida 34972 FIt K NO.29776 Warranty Deed This Wevture, ilxecuted this May 9, 2008 A.D. Between MAURO TOVAR, A SINGLE MAN, FIL-1 �t`I ii63��45782 DR PK i 06D PG 1443 SHARON ROBERTSON► OF CIRCUIT COURT OKEECHOBEE CDUNTYr FL RECORDED 05/12/2008 10107155 AM ALIT 1BOr000.40 RECORDING FEES 18.50 DEED DOC 1t260.00' RECORDED BY 6 Hottbuupn Pss 1448 — 14441 (2pss) whose address is 9256 SS 62ND DRIVE, OKEECHOBEE, FL 34974, hereinafter called the grantor, to D & A PROPERTIES RWNEZ� INC., A FLORIDA CORPORATION, whose post office address is: 610 N. PARROTr AVE, OKEECHOBM l?L 34972, hereinafter called the grantee: (Whatever used heroin the term "grantor" and -grantee Include all lb* punier to this IDMMCnt and the 11CIM legal rq= mtativcs and assigns of Indlvidoals, and the aoccca+ore end atcigna of ixxpraatinns) Witnesseth, that the grantor, for and In consideration of the sure of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknuvdedged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confmvs unto the grantee, all that certain land situate in Okeechobee County, Florida, viz: Legal Description as Exhibit "A" Parcel ID Number. 3-15-37-35-0010-01160-0070 Subject to covenants, resRlctlom% easements of record and taxes for the current year. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple, that the grantor has good right and lawful authority to sell and convey said land, that the grantor hereby th11y warrants the title to said land and will defe;A the same against the lawful claims of all persons whomsoever, and that said land is fire of all encumbrances except taxes accruing subsequent to December 31, 2008. In Witness Whereof, the said grantor has signed and scaled these presents the day and year first above written. Signed, sealed and delivered in our presence: Witness Printed N 4 r;; 1- Q'Pie 1; (Jai---tA-1- WttnessPtin a,nc PHYLLIS WALKER State of Florida County of Okeechobee t M Address: 6 SB 62N DDRIVK OKIMCHOBE,L, FL (•�) 34974 The foregoing instmmcnt was acknowledged before me this May 9, 2008, b URO TOVAR, A SINGLE MAN, who is/are personally known to me or who has produced a driven liemse as ideotifioa Notary Publy reset Namar aM11ISClrIutlB itrCOW11SSI0N air m T1g1W bly Coeud"Wa Fxpires rr..�..�,�a'^.. r� gable7U8RL"Dhr tine. 07-01-200B 13:13 D A SOD 80 467 0610 HRGE=: d Exhibit "A" LOTS 7 TO 12, INCLUSIVE, OF BLACK 116, OKMCIIO13k3E. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAM 17, PUBLIC RECORDS OF sr. LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT BEING RECORDED IN PLAT BOOK 1,. PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND SAID PLAT BEING RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBF,E COUNTY, FLORIDA. rc/dkb File Number. 29776 Legal Descnpuos with Non Ho.DMI&A Ck.c s Chi.. • Fort Myers, Florida 33901-2-845 Pop: 239-334-3366 Fax: 239-334-6384 OUU Report • •Request Preparedfor: City of Okeechobee Applicant.' Merry Suarez (owe and*h house) , From: ��? �F-I & Holding To: CHI% Petition No. 08 005 R Staff Report Applicant: Jer uarez(Office & Fish House) Rezoning Request Petition No.: 08-005-R - _ - General Information - Will. keee -bye==t - 47_ : r K° I' GEM 0 • • • NN%ie�'�v _ 77 Legal Description: LOTS 7 THROUGH 12, INCLUSIVE, OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT BEING RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND SAID PLAT BEING RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND: A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AND BEING COMPRISED OF ONE OF THE PARCELS OF LAND AS RECORDED IN OFFICIAL RECORDS (O.R.) BOOK 645, PAGE 1370 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, THENCE RUN SOUTH AND RUNNING ALONG THE WESTERN BOUNDARY OF PARCEL 4 ACCORDING TO PLAT NO. 1 OF TAYLOR CREEK WATERSHED AS RECORDED IN PLAT BOOK 3, PAGE 29, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, TO THE CENTERLINE OF THE 15 FOOT ALLEYWAY IN SAID BLOCK 116 AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH, ALONG THE WESTERN BOUNDARY OF SAID PARCEL 4 AND THE EAST BOUNDARY OF SAID BLOCK 116, TO THE SOUTHEAST CORNER OF LOT 12 OF SAID BLOCK 116 AND ALSO BEING THE NORTHWEST CORNER OF PARCEL 3 OF SAID PLAT NO. 1 OF TAYLOR CREEK WATERSHED; THENCE RUN SOUTHWESTERLY, ALONG THE WESTERN BOUNDARY OF SAID PARCEL3, TO THE CENTERLINE OF N.E. 3RD STREET (FORMERLY NINTH 6 1 Ktt i ) EXTENDED EAST, TO THE WESTERN SHORE LINE OF TAYLOR CREEK; THENCE RUN NORTHERLY, ALONG SAID WESTERN SHORE LINE OF TAYLOR CREEK, Staff Report Applicant: Jerry Suarez(Office & Fish House) Rezoning Request 0 • Petition No.: 08-005-R TO THE INTERSECTION WITH THE CENTERLINE OF SAID 15 FOOT ALLEYWAY EXTENDED EAST; THENCE RUN WEST, ALONG THE CENTERLINE OF SAID ALLEYWAY EXTENDED, TO THE POINT OF BEGINNING. Request: The Applicant requests a zoning change from the existing zoning classification of RSF-1 and Holding to CHV to allow commercial uses on the subject property. Adjacent Future Land Use Map Classifications and Zoning Districts: ..1 Summary: The applicant is requesting this amendment to CHV to allow a commercial office building and continued use of the commercial fish house on the subject property. The single family structure, located on Lots 7 and 8, is being stripped and is in the process of being remodeled to be used as a commercial office. The fish house, located on Lots 11 and 12, is being proposed to continue as it is currently being used. Since processing operations are only allowed in the industrial zoning district, we do not believe that the commercial fish processing operation will be allowed to continue even if the property is rezoned to CHV as requested. 2 Staff Report Rezoning Request Applicant: Je 3uarez(Office & Fish House) Petition No.: 08-005-R Section 70-340 sets forth the following criteria to be considered in acting upon a petition to rezone property. The Applicant has submitted very brief statements addressing these criteria. Following are Staff comments: 1. The proposed use is not contrary to Comprehensive Plan requirements. The CHV Zoning District is consistent with a Future Land Use Designation of Commercial and would not be 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 office use would be an allowable use under the CHV zoning district but the Land Development Code only allows processing operations in industrial zoning districts. Continuation of the fish processing operation would not be consistent with the limitations of the CHV district. However, numerous other types of business operations that would conceivably be incorporated into the commercial plaza proposed for this and the property to the south would be appropriate. 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 to the south, the cumulative impacts of the entire commercial development will need to be assessed Possible adverse impacts of this development could come in the form of excessive traffic along neighboring roadways. However, the intensity of the development will be 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. As can be seen on the aerial view, while there is some residential development in the vicinity, the use to the immediate north is commercial and the property to the south was recently approved for a Small Plan Amendment and attendant rezoning to CHV. Given the recent actions by the City involving the properties to the south, and the fact that the subject properties are very similar in character and context to these aforementioned properties Staff believes that the proposed rezoning and can be considered to be compatible with adjacent land uses. Staff Report Applicant: Jerry Suarez(Office & Fish House) Rezoning Request • Petition No.: 08-005-R 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. Since the rezoning is considered to be reasonably compatible with adjacent land uses and consistent with the Comprehensive Plan and similar in character and context with the recent rezoning of the property to the south, Staff does not expect it to adversely affect property values or living conditions or to be a deterrent to improvement of adjacent properties. 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 Buffering from the residentially zoned property to the east may be necessary and will be addressed during the site plan review. 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 will need to be considered in light of potential traffic considerations. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No traffic analysis has been submitted and one would not be expected for merely a small office building or even continuation of the fish processing operation if this is allowed. If and when the property is developed as an integral part of the proposed commercial plaza, in all likelihood a traffic impact analysis will be necessary. Flooding and drainage considerations will also have to be addressed because of the property's proximity to Taylor Creek. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The property is not inordinately burdened by unnecessary restrictions. 4 Staff Report Applicant: Jai uarez(Office & Fish House) Rezoning Request Petition No.: 08-005-R •. • Based on the foregoing analysis, and assuming that the Applicant's request for a SSA changing the Future Land Use designation from Single-family to Commercial, Staff recommends approval of the request to rezone the property to CHV. Submitted by. James G. Li Rue, AICP Planning Consultant September 10, 2008 Future Land Use Map, Zoning Map, and Property Appraiser's Aerial of site and surrounding area 5 Rezoning Request :(Office & Fish House) Petition No.: 08-005-R p FUTURE LAND USE SUAREZ SITE AND ENVIRONS S .R-70 Q Suarez site SINGLE - FAMILY 200 0 200 400 Feet =MULTI - FAMILY COMMERCIAL 0 OW i TI ITO 9 Q.1p OWN., lkk k., M!;,k, 0 P w p �pp t�A' _ yrFFFF kp= m� i I•�I1C �M �-p'1 yn "po TmT J�(� 1a 1ppi. 9TS �� JY Tpo RM � �� sl1���� .. 19 X- -- ni g A, 6jwfl �>a map� P, m f W i 1-3 /Wp �~ >an SidS a 'Wd x41 - vae cr OP NAE 11m n e 6TH AVC" I - TH AVEr JE I P ) 100' R/N - - �E I I �I I I I I I I I I I� I I� I I toI I� I I I I I� I� (m I 1 I I 19 I— I I I I I I I i I 1"1. M TRH AVM-M ACPHALT I I _ G EL.L 1 OKLOOCVt E 6TFZ:ET E P 1 ' \ 70' R/N ')per I(FIP)_ & S00'1f'03'E 2f5.7Y(C)r SC'03'29'E 2!5'(P) - _ 16G.00'.(C,PI S00•tJ'03'E 160.37(F) i SO'03'29'E 160'(P) �( - o �r_ lJ� 9 l I' 48.3' 10� V I 0\ lis I -GTY. I +. R%10E11cE ( I I I r— ,ter ry = m r ( A =I V I I A I I 21 a �I ti y I I �I � r 56. 31I I� ��',/'OB•.7' M I 0. 7 N. �. ss.M 2o•(Fj I � 4 0g'07. fo s.7.f M 09 0�•M ��05'(P� t5.7'� 3J.7' I I 3I1 \ I I r 3), 500'1758'EJ 50.41'(F) SO.03'29'E t50'(P) a _ $00'1758'E 157.91'(F) o= is o p k ,� Ot m $ A 0 K Pr. 6A56 Pa m 1 570 � n f L J 1f04.44'31'E M6.40'6P'E 65.70'(C) 30.48'(F) 1406'40'52•E TAYLM 9 .41 win SCALE: P' ! FB/PA0EE:5/12E/t JOB CALC$: 08-021-S PREPARED FOR: DA1 / I D � A N I TA ri' MZ V MI l.Jl IG DRANK /C DRANK: KD/CAD l.1lV DRA.OATE:5/1 C DRAWING �:516C SHEET REVISIONS: \^�� / J �I _� W. PAW GTFMC-T y� ECH E. F-LO OKEEq-IODEE, FLOR I DA g4g72-4153 A972-A 'I PHcrO: 865-AG7-8889 PAx A67-81 I I IJ OF 6.,799 W. DEHAYC, PGrl r 5178 LB+6Abe 1 0 Chair Maxwell opened the public hearing. Anita Nunez, representing the owner, addressed the Board. She reported the old fish house would eventually be removed and the small house was going to be remodeled and used as the construction office for the project that is to be developed on this property and the property to the south. The first phase of the project is a convention hall, 12,000 square feet with water frontage to compete with the KOA and is scheduled to be completed June 2009. Intend to submit for site plan review for this first phase to be heard at the October Technical Review Committee Meeting. Chair Maxwell asked whether there were questions and/or comments from the public? Robert McCrocklin, 604 NE 3rd Street, one house up from the comer, NE 71h Avenue. He said he was representing several of his neighbors. Mr. McCrocklin expressed to the Board his wish to be on record as opposing the land use change. Mrs. Nunez asked for clarification, of Mr. McCrocklin's residence in proximity of the property, then noted, there are several operating businesses in the area. Member Hoover moved to close the public hearing. Terry Burroughs seconded the motion. The motion carried unanimously. Board discussed the development location noting would clean up and enhance the area. The Board concluded this would not create a noise issue. Also discussed was a possible lighter use of commercial zoning. Mr. Brisson stated the rezoning was coming up directly after this application. Member Burroughs moved to find Application No. 08-005-SSA consistent with the Comprehensive Plan and recommend approval to City Council to change land use from single family to commercial; seconded by Member O'Connor. The motion carried unanimously. Item #2,Petition No. 08-005-R: Jerry Suarez, property owner and applicant. Request for rezoning designation from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV). The property address is 701 NE 31d Street. Mr. Brisson presented the Petition and the Staff report of approval. This Petition is the rezoning of the prior item we just discussed for land use change. CHV district is consistent with the land uses. Buffering would be addressed at the site plan phase. Chair Maxwell opened the public hearing. There were no questions and/or comments from the applicant or the public. Member O'Connor moved to close the public hearing. Member Burroughs seconded the motion. The motion carried unanimously. Board discussed possible less dense commercial zoning. Decided not a good option due to the property to the south being zoned heavy commercial and the use proposed. K Member Burroughs moved to find Rezoning Petition No. 08-005-R consistent with the Comprehensive Plan and recommend approval to City Council to change the Zoning Designation from RSF-1 to CHV; seconded by Mike O'Connor. Motion carried 5 to 2, with Members Hoover and Member McCoy voting against the motion. Item #3, Public Hearing Petition No. 08-010-SE: Property owners David and Daryl Kinchen and Donna Beck, applicants Tiffanie Ramirez and April Hayles. Request to consider a special exception to allow a beauty shop within a Commercial Professional Office (CPO) zoning district (Ref. Code Book Section 90-223 (2)). The property address is 422 NW 3rd Street. Mr. Brisson presented the staff report of approval explaining the beauty shop has not been in use for over two years due to death of the owner, therefore the current applicants have to obtain a special exception to re- open the business. Density is not an issue. Chair Maxwell opened the public hearing. Applicant Tiffanie Ramiraz reported to the board, there are 13 parking spaces provided on the street. There will be only two workers and two clients at one time. Chair Maxwell asked whether any member of the public wished to address the board? Shirlene Graham, asked whether Mr. Maxwell knew of any parking issues in the area. Attorney Cook instructed the Board, the issues of parking and landscaping would be addressed when the applicant applies for their Business Tax Receipt (BTR). Member O'Connor moved to close the public hearing. Member Hoover seconded the motion. The motion carried unanimously. Board discussed the parking and landscaping issues, stating this is a quaint area. Attorney Cook has given us direction of the special exception as far as requirements for parking and landscaping, that the issues would be addressed at the time the applicant applies for their BTR. The Board asked Mr. Brisson whether they are required to impose any of the requirements? Attorney Cook answered, the Board has no authority over the parking requirements. The applicant has to comply with the current codes. They do not have to be stipulated. He further stated, the Board could impose conditions such as noise and odor, but complying with current City Codes is automatic. Member Burroughs moved to approve Special Exception Petition No. 08-010-SE to allow a beauty shop located within a Commercial Professional Office (CPO) zoning district (Ref. Code Book Section 90-223(2)); seconded by Member Hoover. The motion carried unanimously. Chair Maxwell closed the public hearing items at 7:11 pm. 3 0 9 Ex hktJ D —ekDEPENDENTda- NEwsrjwmts OKEECHOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S. W 17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a Pilo [t( I- K WIL'e_ in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of oc o,er— io/ Roc �r 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. ^�(�Qto and subscribed before me this Zday ofC )CIL-04:2,er— AD_ 0 otary Public, State of Florida at Large ��RY:PUec Jasietta Thiboult 11 Commission # DD505311 �Q Expires January 10, 2010 9 pF p0� Bonded Troy Fain insurance Inc 800385-70 19 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE TAKE NOTICE that the City Council of the Coy of y. October 21, 2008 at 6:00 p.m. or as soon th �rd Ave., Okeechobee, FL conduct a PUBLIC HE final reading of the following Ordinance into lav THE CITY OF OKEECHOBEE, FLORIDA; AMENDI OF OKEECHOBFF RY BF70YnUP a rreruo , To THE (863)763-3134 robee, Florida r possible, at on and there< 1030: AN OF E OFFICIAL 2i OF LAND M( Ordinance is regarding Rezoning Petition No. 08-005-R, submitted by Danny on'behaK of property owners) Jerry Suarez. The petition is to change the district from Residerdfal SingleFamily-One (RSF-1) and Industrial (IND) to ommereial 21 for property located at 701 Northeast 3rd Street. and is ap- nely t 5 aere!¢h xn members or me public are encouraged to attend and participate in said hearing The proposed Ordinance may be inspected in its entirely by members of the publh in the Office of the City Clerk during regular business hours, Mon -Fri, Sam-4 30pm except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that 9 any person desires to appeal any decision made by the City Council with respect to any matter considered at this hearing, such interested person will need a record of the proceedings, and for such purpose may need o ensure a verbatim ecord of the proceedings is made, which record includes the testimony and eviden a upon which the appeal is o be based. al records of the Clerk. In accordClerk ance ia wit � Ammeeripur wi D sabibackulity Afor ctf(ADA) and Florida Statutes ?16.26, persons with disabtiities needing special accommodation to participate in his proceeding should contact Lane Gamiotea no later than two (2) working days mor to the proceedi at 863-763-3372 x215, K hearing or voice impaired, call 'OD 1-800-955-87701voice or 1-800-955-8771 (TTY). Lane Gamiotea, CMC, CI CLERK 95420 ON 10/10/08 c AGENDA H N No.07-160 N Arthur Davis. 1100 Blk NW 6" Street F Ch 30 Sec 30-44 General cleaning & beautification i v • ADJOURNMENT - CHAIRPERSON GAMIOTEA. Jamie Gamiotea, Chairperson ATTEST: Sue Ch ristopher, Secretary PLEASE TAKE NOTICE AND BE ADVISED that when a person decides to appeal any decision made by the Code Enforcement Board 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. Code Enforcement Board media is for the sole purpose of backup for official records of the fire department OCTOBER 14, 2008 - CEB REGULAR MEETING - PAGE 4 OF 4 BOARD ACTION - DISCUSSION - VOTE Code Officer Sterling stated a fine of twenty-five dollars per day was imposed on June 30, 2008. As of October 14, 2008 the fine has accrued to $2,700.00 and is continuing to accrue. Chairperson Gamiotea reminded the Board when a fine has accrued over ninety days, the Board reviews the case and decides whether to recommend City Council consider foreclosure. Member Revels moved to send Case 07-160, Arthur Davis 1100 Blk NW 6" Street, to City Councils next regular meeting recommending they consider foreclosure proceedings; seconded by Member Montesi. VOTE GAMIOTEA - YES IRBY - YES MCCREARY - YES MONTESI - YES REVELS -YES SWEDA-YES HUCKABEE-ABSENT WOLFF-YES MOTION CARRIED. THERE BEING NO FURTHER ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 8:00 P.M. 563 JuNE 10, ZOOS - CEB REGULAR MEETING - PAGE 2 OF 4 BOARD ACTION - DISCUSSION - VOTE V. AGENDA - Vice Chairperson. A. Requests for the addition, deferral or withdrawal of items on There were no requests for the addition, deferral, or withdrawal of items on today's agenda. today's agenda. VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling No. 07-160 Code Officer Sterling testified the property owner had been contacted several times and received certified notices. Although Arthur Davis.111O NW 7" Street some work has been done, the property remains in non compliance for mowing and general cleaning. Member Montesi moved Ch 30 Sec 30-44 General cleaning and beautification to find Case 07-160 in violation of Ch 30 Sec 30-44 imposing a fine of twenty-five dollars per day commencing three days after • receipt of notification; seconded by Member Revels. VOTE GAMWEA - YES IRBY - ABSENT HANCOCK - ABSENT MONTESI - YES NELSON - ABSENT REVELS - YES SIMA - YES HucKABEE - ABSENT MCCREARY - YES MOTION CARRIED. No. 07-161 Code Officer Sterling testified he had been speaking with property owner, William Davis, on a regular basis. He stated the William Davis.1100 Blk NW 7"' Street property had been cleared but the piles of vegetation had not been removed. Code Officer Sterling informed the board William Ch 30 Sec 30-44 General cleaning and beautification Davis had requested an extension of time to have the debris removed from property. Member McCreary moved to postpone Case 07-161until the next Code Board meeting scheduled for July 8, 2008; seconded by Member Sweda. VOTE GAMK)TEA - YES IRBY - ABSENT HANCOCK - ABSENT MONTESI - NO NELSON - ABSENT REVELS - YES SWEDA - YES HUCKABEE - ABSENT MCCREARY - YES • MOTION CARRIED. Exht-b# 3 Arthur Okeechobee, FL 34972 Case # 07-160 10/09/2007 — Sent Courtesy Letter. 11/21/2007 - Mailed Notice of Violation. 11/29/2007 — Notice of Violation received, signed for by C. Davis. 12/18/2007 — Inspected property, not in compliance. 01/16/2008 — Inspected property, not in compliance. 02/18/2008 — Inspected property, not in compliance. 02/19/2008 — Mailed Notice of Hearing. 02/20/2008 — Notice of Hearing received, signed for by Arthur Davis. 03/11/2008 — Spoke to Mr. Davis, he stated that he did not have the money at the present time and asked if he could get an extension. Gave him an extension till 03/31/2008. 03/20/2008 — Mailed 2"d Notice of Hearing. 03/21/2008 — Notice of Hearing received, signed for by Cindy Davis. 03/31/2008 — Inspected property, property being mowed. Mr. William Davis mowed his brother's property in error. Called Mr. Arthur Davis, left message to please call us. 04/07/2008 — Spoke to Mr. William Davis, he stated that he had not been able to communicate with his brother. 04/23/2008 — Inspected property, not in compliance. 05/19/2008 — Inspected property, not in compliance. Called Mr. Arthur Davis, No Answer. 05/27/2008 — Inspected property, not in compliance. No answer at Mr. Arthur Davis home. 05/28/2008 — Mailed 3rd Notice of Hearing. Posted Property. 06/16/2008 — Notice of Hearing returned, not signed for. 06/17/2008 — Left doorknocker at Mr. Arthur Davis asking that he please call us. 06/26/2008 — Code Enforcement Lien Order delivered by City PD, signed for by Arthur Davis. f�v uvi AD. I�2TNU2 �AviS Nc�c15 D�v7s W f LL { a rn L� Av 15 /V v C x S-- f2L-T� J 1X6u 2UJ UJNJDL=12i- 1L-L Quke[IASC-h or„ �L-1Qv15 i0 %G�7 11 NLO 0 I I TA 0u Okeechobee County Property A iser - Map Printed on 10/20/2008 2:4& PM I 1 #9 Page 1 of 1 Okeechobee County Property Appraiser W.C. "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 PARCEL: 3-16-37-35-0160-00180-0060 -VACANT (000000) NORTHWEST ADDITION LOTS 6, 7 & 8 BLOCK 18 Name: DAVIS ARTHUR RAYMOND JR LandVal $42,075.00 Site: 0 , OKEECHOBEE BldgVal $0.00 Mail: 1110 NW 7TH STREET ApprVal $42,075.00 OKEECHOBEE, FL 34972 JustVal $42,075.00 Sales 4/12/2006 $0.00 1 / U Assd $42,075.00 Info 6/16/2005 $0.00 11 U Exmpt $0.00 5/6/1980 $0.00 1 / Q Taxable $42,075.00 46 92 138 fit I This information, Last Updated: 10/9/2008, 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.comIGISIPrint_Map.asp?pjboiibchhjbnligcafcefocnfkfdfefdbblejngbck... 10/20/2008 Okeechobee County Property A iser - Map Printed on 10/20/2008 2:4& PM I . IN Page 1 of 1 Okeechobee County Property Appraiser 0 4'0 8'0 120 fx W.C. "Bill' Sherman, CFA - Okeechobee, Florida - 863-763-4422 PARCEL: 3-16-37-35-0160-00180-0110 - vacANr (000000) Fr'``� NORTHWEST ADDITION LOTS 11, 12,13 & 14 BLOCK 18 Name: DAVIS ARTHUR RAYMOND JR LandVal $56,100.00 Site: 601 NW 11TH AVE, OKEECHOBEE BldgVal $0.00 t a Mail: 1110 NW 7TH STREET ApprVal $56,100.00 OKEECHOBEE, FL 34972 JustVal $56,100.00 ¢ 4/12/2006 $0.00 1 / U " Sales Assd $56,100.00 �w Info 6/16/2005 $0.00 I / U Exmpt $0.00 5/6/1980 $0.00 1 / Q Taxable $56,100.00 This information, Last Updated: 10/9/2008, 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/Print_Map.asp?pj boiibchhj bnligcafcefocntkfdfefdbblejngbck... 10/20/2008 E-A Ilk r Rt a� x T �e A im 71 141 w l .ti.� � I S yen � g• • 1 r t - 11�-fat �'��• 1 � .� C to �. '. � -r Y .�; �• �L♦ l� � �� - - ''��; ,�, - w t 11: . woa•. 4!4Al # Yy v a ' aa1 a r �r ✓ -y ./ •ram- s ♦� - - W, __ .. 77 � y •I�����i�///��,i,91 To: From: RE: Date: Brian, City Administrator India Riedel, Finance Dept. 2008 Fiscal year Audit Contract October 14`h, 2008 Attached is a contract for the Fiscal Year 2008 Audit with Hoyman, Dobson & Company. This is an extension of last years contract with a change of pricing to $28,800, as compared to the cost last year of $29,800 which included a secondary required component of a Federal Single Audit. The auditing standards thru GASB (Government Accounting Standards Board) are ever changing and the present auditors have proven they are knowledgeable of government regulations and requirements. The added responsibilities to review those additional standards and present to management and council areas reviewed and in need of revision. Year before last the auditors were able to present to council the finished product in April. For reasons beyond their control the audit was submitted to the City in June of this year. (Pension actuarial reports and commensurate audits were the delay.) I feel confident with the new personnel working with the OUA will be able to assist in expediting this process. October 6, 2008 Mayor and Commissioners City of Okeechobee 55 S.E. Third Avenue Okeechobee FL 34974 We are pleased to confirm our understanding of the services we are to provide the City of Okeechobee for the year ended September 30, 2008. We will audit the financial statements of the govermnental activities, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements of the City of Okeechobee as of and for the year ended September 30, 2008. Accounting standards generally accepted in the United States provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to accompany the City of Okeechobee's basic financial statements. As part of our engagement, we will apply certain Iimited procedures to the City of Okeechobee's RSI. These limited procedures will consist principally of inquiries of management regarding the methods of measurement and presentation, which management is responsible for affirming to us in its representation letter. Unless we encounter problems with the presentation of the RSI or with procedures relating to it, we will disclaim an opinion on it. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1 Management's Discussion and Analysis 2. Required supplementary pension information 3. Budgetary comparison schedules for certain governmental funds Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the additional infonnation referred to in the first paragraph when considered in relation to the basic financial statements taken as a whole. Our audit will be conducted in accordance with generally accepted auditing standards established by the Auditing Standards Board (United States) and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City of Okeechobee and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagementw_`� Certified Public Accountants 215 Baytree Drive I Melbourne, FL 32940 1 p: (321) 255.0088 1 is (321) 259.8648 2221 Lee Road, Suite 15 1 Winter Park, FL 32789 1 p: (407) 422.16811 f. (407) 423.1681 www.hoyman.com Mayor and Commissioners City of Okeechobee Page Two We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and compliance will include a statement that the report is intended solely for the information and use of management, the body or individuals charged with governance, others within the entity, and specific legislative or regulatory bodies and is not ZD intended to be and should not be used by anyone other than these specified parties. If during our audit we become aware that the City of Okeechobee is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. As part of the audit, we will prepare a draft of your financial statements and related notes. You are responsible for making all management decisions and performing all management functions relating to the financial statements and related notes and for accepting full responsibility for such decisions. You will be required to acknowledge in the management representation letter that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you are required to designate an individual with suitable skill, knowledge, or experience to oversee any nonaudit services we provide and for evaluating the adequacy and results of those services and accepting responsibility for them. Management is responsible for establishing and maintaining internal controls, including monitoring ongoing activities; for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business - type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the City of Okeechobee and the respective changes in financial position and cash flows, where applicable, in conformity with U.S. generally accepted accounting principles. Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving QJ management, (2) employees who have significant roles in internal control, and (3) others where the fr Mayor and Commissioners City of Okeechobee Page Three or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. Management is responsible for establishmg and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous audits or other engagements or studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits or other engagements or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions. Audit Procedures —General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representation M '^" '*^^""� as part of the engagement, and they may bill you for responding to this inquiry. Al audit, we will require certain written representations from you about the financial matters. o*� Dw4m, Mayor and Commissioners City of Okeechobee Page Four Audit Procedures —Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. Audit Procedures —Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of Okeechobee's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Audit Administration, Fees, and Other We may from time to time, and depending on the circumstances, use third -party service providers in serving your account. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third -party service provider. Furthermore, we will remain responsible for the work provided by any such third -party service providers. We understand that your employees will prepare all cash or other confirmations wr --� ` --' " locate any documents selected by us for testing. Mayor and Commissioners City of Okeechobee Page Five We will provide copies of our reports to the City of Okeechobee; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of Hoyman Dobson and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to a federal or state agency providing direct or indirect funding, or the Auditor General of the State of Florida for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Hoyman Dobson personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date. If we are aware that a federal or state awarding agency or the Auditor General's Office, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. Our fee for the audit will be $28,800 Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 30 days or more overdue and may not be resumed until your account is paid in full. Should it appear we would be required to perform any services your personnel have been assigned, to allow for an efficient and timely engagement, or if we see areas where the task undertaken is not as anticipated, we will consult with you to determine if our firm or your staff will take the action necessary to complete the assignment. We will provide a Supplemental Service Agreement (Appendix A) for your signature and authorization.. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report(s) You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2005 peer review accompanies this letter. You have the right and we reserve the right to withdraw from this engagement upon v In such an event, it is the policy of the firm to bill a client for services provided and c; the client's behalf before the point of withdrawal. c;;* G{.6fi ODW4*m" Mayor and Commissioners City of Okeechobee Page Six Parties to this engagement agree that any dispute that may arise regarding the meaning, performance, or enforcement of this engagement, shall be submitted to mediation on a form decided upon by both parties, prior to resorting to litigation. The results of this mediation shall be binding only upon agreement of each party to be bound. Costs of any mediation proceeding shall be shared equally by both parties. Hoyman Dobson prides itself in employing quality individuals and underwrites substantial associate training each year. While engaged to provide these professional services you may become familiar with various members of Hoyman Dobson and wish to extend an offer of employment. Hoyman Dobson values each associate and does not wish to incur turnover, but also does not desire to hinder opportunities that may present themselves to these associates. Recognizing Hoyman Dobson's investment and training in each associate, you agree to reimburse Hoyman Dobson one-third of the individual's current salary should you extend an offer of employment and it be accepted. Additionally, if an employment offer is discussed during the course of the engagement, the Company acknowledges it may have impaired our independence. If an impairment of independence is deemed to have occurred Hoyman Dobson may have to withdraw from the engagement and thus not be able to issue a report. If this occurs the Company agrees to reimburse Hoyman Dobson for fees incurred. By mutual agreement of both parties, this contract can be extended beyond this initial contract period. We appreciate the opportunity to be of service to the City of Okeechobee and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, Deborah A. Goode, CPA Hoyman Dobson RESPONSE: This letter correctly sets forth the understanding of the City of Okeechobee. By: Title: Date: Client Year Ended APPENDIX A HOYMAN, DOBSON & COMPANY, P.A. SUPPLEMENTAL SERVICE AGREEMENT Proposed by Date Prepared At this time we anticipate having to perform the following services in order to complete your year end and financial statements: Reason for requiring the change order Nature of work to be performed Discussion with client Estimated Estimated Accountant Rate Hours Totals Estimated cost of change/ additional work You will be billed for the actual time expended on the services at our normal hourly rates. The terms and conditions of payment will be the same as in our engagement letter. Any revision of timetable Approved: Accepted: Manager Client Director Date f APPENDIX A SUPPLEMENTAL SERVICE AGREEMENT PAGE 2 Rejected: Manager Director Date: Reason: Rejected: Client: Date: I do not want Hoyman Dobson to do the additional services required. I will be responsible for getting our personnel to perform the services. I realize that this will cause a delay in delivery of our financial statements and tax returns. HD-70 C-�*nIAHZU4&tl • DWIBIT 5 OCT 21, 2008 City Of Okeechobee SIDEWALK REHABILITATION Bid Tab and Unit Price October 15, 20081:00 P.M. Company Unit Price per SF Name Removal Replacement Extension 1. Parks Construction $ 2.00 $ 5.25 $ 7.25 2376 SW 13th St Okeechobee, FL 34974 2. Brooks Waste management, Inc. $1.00 $ 4.00 $ 5.00 1930 NE 3ro St Cape Coral, FL 33909 3. Sanders Concrete LLC $ 1.64 $5.26 $ 6.90 6444 NW 147th Terrace Okeechobee, FL 34972 4. J & L Custom Construction, Inc. $ 1.75 $4.50 $ 6.25 613 N main St. Chiefland, FL 32626 5. Lynch paving & Construction $1.35 $ 2.75 $ 4.10 503 NW 9tn St Okeechobee, FL 34972 6. Sunshine Land Design $ 1.00 $ 4.50 $ 5.50 PO Box 559 Port Salerno, FL 34992 7. Lozano Builders LLC $ 2.27 $ 4.12 $ 6.39 3493 SE Jake Ct #99 Stuart, FL 34994 Posted on October 15, 2008 at 2:00 p.m. To be removed on October 22, 2008 at 2:00 pm. • e irnb r 20 LXHIBIT 6 OCT 21, 2008 09 S M T W T F S 30 1 3 4 5 6 Tree Lighting 5:30 City Council 7 7 8 9 10 11 12 13 Pearl Harbor CEB Christmas Day Meeting Parade � I I 14 15 16 Q 17 18 19 20 Recommend Move TRC PB/BOA cancelling from 24th to Meeting this meeting 17th I 21 22 23 24 25 26 27 Christ s Eve Christmas i 28 1129 30 31 2 3 4 5 6 7 8 November January SMTWTFSI :S M T W T F S 1 1 2 3 Consider rescheduling 12/2 Meeting time to 2 3 4 5 6' SI 4 5 6' 6 91°I 9101112137415' '11121314151617,' 7 pm and cancel the 12/16 Meeting 16171819202122 16192021222324 I23 24 25 26 27 28 29I 1125 26 27 28 29 30 31' 30 hdD City of Okeechobee 3�km Added Brian Whitehall October 20, 2008 Steve Fisher 18812 Rio Vista Drive Jupiter, FL 33469 RE: TRANSPORTATION CONCURRENCY GOODY'S CENTER/OAKS PLAZA 2100 BLOCK OF S PARROTT AVENUE, OKEECHOBEE, FLORIDA Office of the City Administrator Background The City of Okeechobee has received Traffic Impact Analyses (TIA), prepared for the Applicant by Kimley-Horn and Associates, showing the estimated traffic impacts of the proposed Goody's Center development. The subject site occupies the land located on the west side of US 441 between SW 2 V and SW 22°d Streets, all in Block #46 in the First Addition to South Okeechobee. The TIA is based on a mixed use development incorporating a 4,000 square foot drive-in bank, 4,200 square foot high -turnover restaurant and 13,000 square feet of retail space. Access is to be provided by one full -access driveway onto SW 2 1 " Street and one full -access driveway on SW 22°d Street. As part of its original submissions and most recent presentations, the Applicant has offered to donate to the City frontage along SW 21 " Street between US 441 and SW 2°d Avenue, to a depth of twenty feet for possible future use in the event a right turn is needed from SW 21 ' Street onto Southbound US 441. Finding of Transportation Concurrency The City's consultants have reviewed the TIA prepared for the Applicant and representatives of both the Applicant and the City have consulted with the Florida Department of Transportation (FDOT). After reviewing the information provided by the Applicant and discussions with representatives of both the City and the Applicant, the FDOT has provided an e-mail clearly stating that the traffic generated by the proposed Goody's project is not sufficient to wan -ant installation of any right hand turn lane (Eastbound right or Southbound right) at the intersection of US 441 and SW 2 1 " Street at this time (See attached copy). In previous correspondence, the FDOT has also stated that vehicular traffic generated by this project will not result in the need for improvements to the intersection of US 441 and SW 2 1 " Street or to the signalization at this intersection. It is therefore the finding of the City that the Goody's project, as currently proposed, will require no off -site transportation improvements to be funded by the Applicant. This finding does not, however, extend to any development plan for the project that contains a mix of units or intensity of development different from, or more intense than, the mix of units or intensity of development upon which this finding is based, and which would alter the traffic patterns or levels of traffic determined to have been associated with the project as proposed. Further, the Applicant is reminded that this finding is in no way related to an approval of the location of buildings and vehicular use areas, interior circulation, or the location or size of driveways providing ingress to and egress from the project. These considerations will be addressed during the site plan review process. S' rely Bri i hal Adminis for C: Steve Dobbs, Rudd Jones, PE & Associates, PA, 210 W North Park Street, Suite 204, Okeechobee FL 34974 Attachment 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 From: Hancock, Ronnie <Ronnie.Hancock@dot.state.fl.us> To: bill@larueplanning.com Cc: Chioma, Diann <Diann.Chioma@dot.state.fl.us>, Cashdollar, Donald <Donald.Cashdollar@dot.state.fl.us>, Ransom, Larry <Larry.Ransom@dot.state.fl.us> Date: Wednesday, October 15, 2008 02:00 pm Subject: Right turn lanes @ US 441 & 21st Street -Okeechobee W Per our telephone conversation this afternoon, I am providing a clarification of FDOT's position regarding the turn lane requirements at the above referenced intersection. We are of the opinion that neither the peak hour projected total right turn volumes from southbound to westbound nor eastbound to southbound at this intersection meets the volume requirements for installation of a right turn lane at this time. As previously stated in prior correspondence, we do not object to the installation of right turn lanes, but we lack sufficient supporting volumes to require this developer to provide the turn lanes as part of their permit. If you have any further questions or need additional information, please don't hesitate to contact us. Thanks Ronnie L. Hancock Access Management Manager District One Traffic Operations Telephone(863)519-2512 2