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2004-05-04 Regular762 CITY OF OKEECHOBEE MAY 4,2004 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION AGENDA 1. CALL TO ORDER - Mayor: May 4, 2004, Regular City Council Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation given by Pastor Sally Bull of the Okeechobee Presbyterian Church Pledge of Allegiance led by Mayor. Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea Deputy Clerk Adriana Berry IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the month of May 2004 as "Civility Month." PAGE I OF 18 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the May 4, 2004 Regular City Council Meeting to order at 6:00 p.m. The Invocation was offered by Pastor Sally Bull of the Okeechobee Presbyterian Church; Pledge of Allegiance led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Mayor Kirk proclaimed the month of May 2004 as "Civility Month"and read the proclamation in its entirety as follows: "WHEREAS, the open exchange of public discourse is essential to the democratic system of government; and WHEREAS, as a cornerstone of democracyAmericans have observed certain rules ofbehavior generally known as civility, and WHEREAS, civility, derived from the Latin words "civitas" meaning city and "civis " meaning citizen, is behavior worthy of citizens living in a community or in common with others; and WHEREAS, displays of anger, rudeness, ridicule, impatience, and a iack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government, and WHEREAS, civility can assist in reaching consensus on diverse issues and allow formutually respectful ongoing relationships; and WHEREAS, civility can uplift our daily life and make it more pleasant to live in an organized society, and WHEREAS, the City, County and I I L- AGENDA IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. IA- Proclaim the month of May 2004 as "Civility Month" continued I V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the April 20, 2004 Regular Meeting. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. There were none. VII. OPEN THE PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to read by title only proposed Ordinance No. 854 pertaining to Comprehensive Plan Future Land Use Map Amendment No, 04- 002-SSA, submitted by Rob Willson on behalf of Mary Francis Dixon for unplatted land located North of North East Park Street, from Single Family to Commercial - City Attorney (Exhibit 1). MAY 4, 2004 - REGULAR MEETING - PAGE 2 OF 18 COUNCIL ACTION - DISCUSSION - VOTE Local Government Law Section of The Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. NOW THEREFORE, I James E. Wrk, by vittue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of May 2004 as "CIWUTY MONTH,"and can upon an citizens to exercise civility toward each other'� No one was present to receive the proclamation, therefore it will be forwarded to the appropriate party by the Clerk's Office. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the April 20, 2004 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for additions, deferrals or withdrawals of items on today's agenda. There were none. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:06 P.M. Council Member Watford moved to read by title only proposed Ordinance No. 854 pertaining to Comprehensive Plan Future Land Use Map Amendment No. 04-002-SSA, submitted by Rob Willson on behalf of Mary Francis Dixon for unplatted land located North of North East Park Street, from Single Family to Commercial; seconded by Council Member Markham. 763 764 MAY 4,2004 - REGULAR MEETING - PAGE 3 OF 18 AGENDA Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 1. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 854 by title only 2. a) Motion to adopt proposed Ordinance No. 854 (Land Planning Agency recommends approval). b) Public comments and discussion. COUNCIL ACTION - DISCUSSION - VOTE VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 854 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THECITYOFOKEECHOBEECOMPREHENSIVEPLAN, ORDINANCENO. 635ASAMENDED, BYREVISING THEFUTURELAND USEMAP; PROVIDING FORINCLUSION OFORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE.19 Council Member Markham moved to adopt proposed Ordinance No. 854 (Land Planning Agency recommends approval); seconded by Council Member Williams. Mayor Kirk asked whether there were any comments or questions from the public, there were none. Ordinance No. 854 pertains to Comprehensive Plan Future Land Use Small Scale Map Amendment No. 04-002-SSA submitted by D.R. Willson Land Company on behalf of the property owner, Mary Francis Dixon. The request is to change the future land use designation from Single Family to Commercial. A rezoning application is also in process for this property, changing the zoning district from Holding to Heavy Commercial. The vacant property is a seven -acre unplatted parcel (Identification No. 2-15-37-35-OAOO-00009-0000) located on the North side of North East Park Street (State Road 70 East), across from the United States Post Office. Legal Description being: the West -half of the East -half of the Southwest quarter of the Southeast quarter lying North of State Road 70 (Fort Pierce Road), in Section 15, Township 37 South, Range 35 East, less the following: Beginning at the Southwest corner fo the East -half of the Southwest quarter of the Southeast quarter of said Section 15, run North 594 feet, East 186.3 feet, South 594 feet, West 186.3 feet to the point of beginning. Also less the North 50 feet which is reserved for road purposes. F;Tq #1 k, I IV VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. IA. 2. b) Public comments and discussion continued. I I MAY 4,2004 - REGULAR MEETING - PAGE 4 OF 18 COUNCIL ACTION - DISCUSSION - VOTE Mr. Jim LaRue, City Planning Consultant addressed the Council. Planning Staff has indicated through the written staff report that the intent of the applicant is to develop a large area of developed land as a unified commercial center or village prototype that at first the change seems inconsistent with the current Future Land Use Map. However, this acreage is one of the few remaining areas that have not been platted into Single Family lots and still containing Southern access to an arterial. The location of the new City Commerce Center to the North assures that there will be some North/South roadway access points into this region. The City's inventory of vacant commercial land is presently extremely limited. If this request is combined with other contiguous areas, it would be appropriate to consider the change to Commercial. It is also important that transportation impacts be shown on the proposed areas. Preferably combined rather than separate reports. Plannina Staff ReDort COMDrehensive Plan Analvsls: (A) The applicant's request is consistent with currently adopted Future Land Use Element policies and the use categories of the Comprehensive Plan. (B) Regarding the concurrency of adequate public facilities, there is public water available near this property. The sewer is not currently available at this site. Some streets are not existing in this area. (C) The requested Plan Amendment can be consistent with adjacent and nearby land uses if they are also changed to Commercial on the Future Land Use Map. All surrounding areas are vacant. The Future Land Use to the North is Single Family, the South, East and West are Single Family and Commercial. The Zoning in all surrounding areas is Holding, with some Heavy Commercial to the South and West and Residential Mobile Home (River Run) also to the West. (D) In meeting compliance with specific standards fo the Plan, if infrastructure improvements are made and the development is approved in a centralized manner, the applicants' request would be consistent with the Comprehensive Plan. Based on the above information, Planning Staff recommends approval. The Land Planning Agency considered the application at their April 27, 2004 meeting and recommended approval. They also agreed with Planning Consultant's LaRue's recommendation that a combined Traffic Impact Study should be presented. Council Member Watford stated his main concerns were the streets, and they were addressed in Mr. LaRue's overview of the application. The developer will be tying the parcels together as needed for the development. All these items will have to be properly addressed in the developer agreement and/or plan. The City has had past developments come in and once they develop and dedicate the streets they were incorrect. He cautioned City Staff to make sure this does not happen. Mr. LaRue addressed Council Member Watford's questions regarding the maximum amount of land that could be submitted annually under the small scale amendments. He advised that it was 80 percent for the year. With these applications, the City is at 25 to 30 percent. Council Member Watford also noted this was a good area for commercial development. 765 766 MAY 4,2004 - REGULAR MEETING - PAGE 5 OF 18 AGENDA Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. c) Vote on motion. B. 1. a) Motion to read by title only proposed Ordinance No. 855 pertaining to Comprehensive Plan Future Land Use Map Amendment No. 04- 003-SSA, submitted by Rob Willson on behalf of Charles and Myrna Farmer for unplatted land located North of North East Park Street, from Single Family to Commercial - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 855 by title only 2. a) Motion to adopt proposed Ordinance No. 855 (Land Planning Agency recommends approval). COUNCIL ACTION - DISCUSSION - VOTE Clerk Gamiotea reported that all fees have been paid. All advertisements published. Since this was a small scale amendment, notices were not sent to surrounding property owners, nor was a sign posted on the property. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to read by title only proposed Ordinance No. 855 pertaining to Comprehensive Plan Future Land Use Map Amendment No. 04-003-SSA, submitted by Rob Willson on behalf of Charles and Myrna Farmer for unplatted land located North of North East Park Street, from Single Family to Commercial; seconded by Council Member Williams VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 855 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THECITYOFOKEECHOBEECOMPREHENSIVEPLAN, ORDINANCENO. 635ASAMENDED, BYREVISING THEFUTURELAND USEMAP; PROVIDING FORINCLUSIONOFORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE.19 Council Member Markham moved to adopt proposed Ordinance No. 855 (Land Planning Agency recommends approval); seconded by Council Member Chandler. AGENDA VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. IB. 2. b) Public comments and discussion. I I MAY 4,2004 - REGULAR MEETING - PAGE 6 OF 18 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk asked whether there were any questions or comments from the public. There were none. Ordinance No. 855 pertains to Comprehensive Plan Future Land Use Small Scale Map Amendment No. 04-003-SSA submitted by D.R. Willson Land Company on behalf of the property owners, Charles and Myrna Farmer. The request is to change the future land use designation from Single Family to Commercial on an unplatted parcel of land. A rezoning application is also in process for this property, changing the zoning district from Holding to Heavy Commercial. The vacant property is a 5.06 unplatted parcel (Identification No. 2-15-37-35-OAOO-0001 1 -0000) located on the North side of North East Park Street (State Road 70 East), across from the United States Post Office. This parcel is located directly East of the application discussed in Item VI I. A. Legal Description being: All that part of the North 668.71 feet of the East half of the East half of the Southwest quarter of the Southeast quarter of Section 15, Township 37 South, Range 35 East, less and except the North 50 feet thereof. Mr. LaRue reviewed the application briefly with Council. Planning Staff Report indicates that the intent of the applicant is to develop a large area of developed land as a unified commercial center or village prototype that at first the change seems inconsistent with the current Future Land Use Map. However, this acreage is one of the few remaining areas have not been platted into Single Family lots and still containing Southern access to an arterial. The location of the new City Commerce Center to the North assures that there will be some North/South roadway access points into this region. The City's inventory of vacant commercial land is presently extremely limited. If this request is combined with other contiguous areas, it would be appropriate to consider the change to Commercial. It is also important that transportation impacts be shown these proposed areas. Preferably combined rather than separate reports. Plannina Staff ReDort ComDrehonsive Plan Anallvsls: (A) The applicant's request is consistent with currently adopted Future Land Use Element policies and the use categories of the Comprehensive Plan. (B) Regarding the concurrency of adequate public facilities, there is public water available near this property. The sewer is not currently available at this site. Some streets are not existing in this area. (C) The requested Plan Amendment can be consistent with adjacent and nearby land uses if they are also changed to Commercial on the Future Land Use Map. Most of the surrounding area is vacant. The Future Land Use to the North and West are Single Family. The South is Commercial. The Zoning in for the North, South and West is Holding. The property directly East is in the County. (D) In meeting compliance with specific standards fo the Plan, if infrastructure improvements are made and the development is approved in a centralized manner, the applicants' request would be consistent with the Comprehensive Plan. 767 768 AGENDA Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public comments and discussion continued. c) Vote on Motion. CLOSE PUBLIC HEARING - Mayor. Vill. NEW BUSINESS. A. 1. a) Motion to read by title only and set May 18, 2004 as a public hearing date for proposed Ordinance No. 856 pertaining to Rezoning Application No. 04-001-R submitted by Rob Willson on behalf of Mary Francis Dixon for unplatted land located North of North East Park Street from Holding to Heavy Commercial - City Planning Consultant (Exhibit 3). MAY 4, 2004 - REGULAR MEETING - PAGE 7 OF 18 COUNCIL ACTION - DISCUSSION - VOTE Based on the above information, Planning Staff recommends approval. The Land Planning Agency considered the application at their April 27, 2004 meeting and recommended approval. They also agreed with Planning Consultant LaRue's recommendation that a combined Traffic Impact Study be submitted to the City. Clerk Gamiotea reported that all fees have been paid. All advertisements published. Since this was a small scale amendment, notices were not sent to surrounding property owners, nor was a sign posted on the property. Council Member Watford stated he would reiterate his same comments from the previous item and that again, this seems to be an appropriate area for a commercial development. Council Member Markham questioned whether there is a City road along the parcel, it appears to be Northeast 12 1h Avenue and is only 30-feet wide. City Staff is to research whether there is an easement or a dedicated right-of-way. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:19PM. Council Member Watford moved to read by title only and set May 18, 2004 as a public hearing date for proposed Ordinance No. 856 pertaining to Rezoning Application No. 04-001-R submitted by Rob Willson on behalf of Mary Francis Dixon for unplatted land located North of North East Park Street from Holding to Heavy Commercial; seconded by Council Member Williams. I AGENDA VIII. NEW BUSINESS CONTINUED. A. 1. b) Vote on motion to read by title only and set public hearing date c) City Attorney to read proposed ordinance No. 856 by title only 2. a) Motion to approve the first reading of proposed Ordinance No. 856 (Planning Board recommends approval). b) Discussion. MAY 4,2004 - REGULAR MEETING - PAGE 8 OF 18 COUNCIL ACTION - DISCUSSION - VOTE VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed ordinance No. 856 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACTOFLANDMOREPARIICULARLYDESCPJBEDHEREIN, FROMHOLDING(H)ZONINGDISTPJCT TOHEAVYCOMMERCIAL (CH10 ZONING DISTRJCT, AMENDING THEZONINGMAPACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DA TE. " Council Member Markham moved to approve the first reading of proposed Ordinance No. 856 (Planning Board recommends approval); seconded by Council Member Williams. Ordinance No. 856 pertains to Rezoning Application No. 04-001 -R submitted by D.R. Willson Land Company on behalf of the property owner, Mary Francis Dixon. The request is to change the zoning district from Holding to Heavy Commercial. The vacant property is a seven -acre unplatted parcel (Identification No. 2-15-37-35-OAOO-00009-0000) located on the North side of North East Park Street (State Road 70 East), across from the United States Post Office. Legal Description being: the West -half of the East -half of the Southwest quarter of the Southeast quarter lying North of State Road 70 (Fort Pierce Road), in Section 15, Township 37 South, Range 35 East, less the following: Beginning at the Southwest comer fo the East -half of the Southwest quarter of the Southeast quarter of said Section 15, run North 594 feet, East 186.3 feet, South 594 feet, West 186.3 feet to the point of beginning. Also less the North 50 feet which is reserved for road purposes. Mr. LaRue, reviewed briefly, Planning Staff Report reflects that this parcel is part of a unified effort to change a large area of vacant land to Commercial. If development is unified and infrastructure improvements are made, the zoning change would be appropriate. 769 770 MAY 4, 2004 - REGULAR MEETING - PAGE 9 OF 18 AGENDA Vill. NEW BUSINESS CONTINUED. A. 2. b) Discussion continued. c) Vote on motion. COUNCL ACTION - DISCUSSION - VOTE Plannina Staff R000rt Analwis: (1) If the Future Land Use Map Amendment (No. 04-002-SSA) is approv�d the zoning would then be consistent with the Comprehensive Plan. (2) Heavy Commercial zoning allows a vanei of permitted uses as well as special exception uses. The applicant has indicated that a restaurant is being proposed, which is a permitted use. (3) In addressing the adverse effect on the public interest, if surrounding property changes, as proposed in separate applications, the impact on the public appears to be minimal. (4) The rezoning request seems to be reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. (5) Information obtained to date indicates that it would not adversely affect property values or living conditions or be a deterrent to the improvement or development of adjacent property. (6) If necessary, proposed uses can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. This would be addressed by the Technical Review Committee during site plan review, (7) This application is not applicable for density patterns that would overburden public facilities. However, Infrastructure improvements will have to be made. (8) The applicant will have to address whether the rezoning would create traffic congestion, flooding or drainage problems. A traffic impact study has been requested by the Planning Staff and Land Planning Agency when the same property was discussed for a future land use map amendment. Again, some of these areas will also be addressed during site plan review by the Technical Review Committee. (9) No special privileges will be granted if the rezoning is approved. Based on the above information, Planning Staff and the Planning Board find the application to be consistent with the Comprehensive Plan and Commercial Future Land Uses, and therefore are recommending approval. The application was considered at the April 27, 2004 meeting. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. AGENDA Vill. NEW BUSINESS CONTINUED. B. 1. a) Motion to read by title only and set May 18, 2004 as a public hearing date for proposed Ordinance No. 857 pertaining to Rezonng Application No. 04-002-R submitted by Rob Willson on behalf of Charles Farmer and James Crowe for Block 4, Price Addition and an unplatted parcel located North of North East Park Street from Holding to Heavy Commercial - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only and set public hearing date. Ic) City Attorney to read proposed ordinance No. 857 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 857 (Planning Board recommends 6pproval). b) Discussion. I MAY 4, 2004 - REGULAR MEETING - PAGE 10 OF 18 COUNCIL ACTION - DISCUSSION - VOTE Council Member Watford moved to read by title only and set May 18, 2004 as a public hearing date for proposed Ordinance No. 857 pertaining to Rezonng Application No. 04-002-R submitted by Rob Willson on behalf of Charles Farmer and James Crowe for Block 4, Price Addition and an unplatted parcel located North of North East Park Street from Holding to Heavy Commercial; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed ordinance No. 857 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACTOFLANDMOREPARTICULARLYDESCRfBED HEREIN, FROMHOLDING(H) ZONINGDISTPJCT TOHEAVYCOMMERCIAL (Ch%9ZONINGDISTRICT, AMENDING THEZONING MAPACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DA TE. " Council Member Markham moved to approve the first reading of proposed Ordinance No. 857 (Planning Board recommends approval); seconded by Council Member Chandler. Ordinance No. 857 pertains to Rezoning Application No. 04-002-R submitted by D.R. Willson Land Company on behalf of the property owner, James Crow and Charles Farmer. The request is to change the zoning district from Holding to Heavy Commercial. The 3.46 acre property is made of three unplatted parcels (Identification No. 2-15-37-35-OAOO-00010-0000, 3-25-37- 35-0210-00010-0040, and 3-25-37-35-0210-00010-0010) located on the North side of North East Park Street (State Road 70 East), across from the United States Post Office. Legal Description being: All of lots 1 through 12, inclusive lying North of North Park Street (formerly known as Fort Pierce Road) as now constructed, Block 4, in Price Addition to Okeechobee City, according to the plat thereof recorded in Plat Book 2, Page 17, public records of Okeechobee 771 772 MAY 4, 2004 - REGULAR MEETING - PAGE I I OF 18 AGEMA Vill. NEW BUSINESS CONTINUED. B. 2. b) Discussion continued. COUNCIL ACTION - DISCUSSION - VOTE County, Florida; And The alley in Block 4, Price addition to Okeechobee City, as recorded in Plat Book 2, Page 17,1 Public Records, Okeechobee County, Florida, between Lots 1-6 and 7-12; And, the street known as Northeast 2nd Street as it runs east from Northeast 12th Avenue to Northeast 13th Avenue, particularly located North of Block 4, Price addition to Okeechobee City, according to Plat Book2, Page 17, Public Records, Okeechobee County, Florida. Commence at the Northeast corner of the Southwest Quarter of the Southeast Quarter of Section 15, Township 37 South, Range 35 East; thence run S 00*18'26" E along the Easterly line thereof, 668.71 feetto the Pointof Beginning; thence continue S 00* 18'26 E 276.28 feet to the Northeast corner of Price Addition to Okeechobee City, (Plat Book 2, Page 17); thence run S 89*50'34 W along the Northwest line thereof, 336.76 feet to the Northwest corner of said Price Addition; thence run N 00*17'46 W along the West line of the East half of the Southwest Quarter of the Southeast Quarterof said Section 15, a distance of 273.38 feet; thence run N 89*20'47" and parallel with the Northerly line of previously mentioned Southwest Quarter of the Southeast Quarter, a distance of 336.71 feet to the Point of Beginning. Mr. LaRue, briefly addressed the Council, Planning Staff Report reflects that this parcel already has a Future Land Use designation of Commercial. Plannina Staff Analvsis: (1) Heavy Commercial is consistent with the Comprehensive Plan Policies and the Future Land Use map designation for this property. (2) Commercial develop is authorized un the Heavy Commercial Zoning District and allows a variety of permitted uses as well as special exception uses. (3) Commercial use will not have an adverse effect on the public interest. (4) The rezoning request seems to be reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. (5) Information obtained to date indicates that it would not adversely affect property values or living conditions or be a deterrent to the improvement or development of adjacent property. (6)lf necessary, proposed uses can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. This would be addressed by the Technical Review Committee during site plan review. (7) Traffic impacts can be accommodated under this rezoning. This will occur prior to or in conjunction with development. (8) The application is not applicable regarding the proposed use being inordinately burdened by unnecessary restriction. (9) No special privileges will be granted if the rezoning is approved. Based on the above information, Planning Staff and the Planning Board find the application to be consistent with the Comprehensive Plan and Commercial Future Land Uses, and therefore are recommending approval. The application was considered at the April 27, 2004 meeting. AGENDA Vill. NEW BUSINESS CONTINUED. IB. 2. c) Vote on motion. C. 1. a) Motion to read by title only and set May 18, 2004 as a public hearing date for proposed Ordinance No. 858 pertaining to Rezoning Application No. 04-003-R submitted by Rob Willson on behalf of Charles and Myrna Farmer for unplatted land located North of North East Park Street from Holding to Heavy Commercial - I City Planning Consultant 'ExI111111 5). b) Vote on motion to read by title only and set public hearing date c) City Attorney to read proposed ordinance by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 858 (Planning Board recommends approval). b) Discussion. MAY 4,2004 - REGULAR MEETING - PAGE 12 OF 18 773 COUNCIL ACTION - DISCUSSION -VOTE VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to read by title only and set May 18, 2004 as a public hearing date for proposed Ordinance No. 858 pertaining to Rezoning Application No. 04-003-R submitted by Rob Willson on behalf of Charles and Myrna Farmer for unplatted land located North of North East Park Street from Holding to Heavy Commercial; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed ordinance by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) ZONING DISTRICT TO HEAVY COMMERCIAL (CH10 ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DA TE. " Council Member Markham moved to approve the first reading of proposed Ordinance No. 858 (Planning Board recommends approval); seconded by Council Member Williams. Ordinance No. 858 pertains to Rezoning Application No. 04-003-R submitted by D. R. Willson Land Company on behalf of the property owner, Charles and Myrna Farmer. The request is to change the zoning district from Holding to Heavy Commercial. The vacant property is a 5.06 unplatted parcel (Identification No. 2-15-37-35-OAOO-0001 1 -0000) located on the North side of North East Park Street (State Road 70 East), across from the United States Post Office. 774 MAY 4,2004 - REouLAR MEETING - PAGE 13 OF 18 AGENDA VIII. NEW BUSINESS CONTINUED. C. 2. b) Discussion continued. c) Vote on motion. COUNCIL ACTION - DISCUSSION - VOTE Legal Description: All that part of the North 668.71 feet of the East half of the East half of the Southwest quarter of the Southeast quarter of Section 15, Township 37 South, Range 35 East, less and except the North 50 feet thereof. Mr. LaRue briefly summarized the Planning Staff Report. The report reflects that this parcel is part of a unified effort to change a large area of vacant land to Commercial. If development is unified and infrastructure improvements are made, the zoning change would be appropriate. Plannina Staff Analvsis: (1) If the Future Land Use Map Amendment (No. 04-003-SSA) is approved, the zoning would then be consistent with the Comprehensive Plan. (2) Heavy Commercial zoning allows a variety of permitted uses as well as special exception uses. (3) In addressing the adverse effect on the public interest, if Site Plan review is performed adequately. (4) The rezoning request seems to be reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. However, if lands to the South remain residential there would be some compatibility issues. (5) Information obtained to date indicates that it would not adversely affect property values or living conditions or be a deterrent to the improvement or development of adjacent property. (6) If necessary, proposed uses can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. This would be addressed by the Technical Review Committee during site plan review. (7) Density is not an issue for this application. Utility accommodations need to be addressed, especially the sewer. Right-of-way and road construction commitment by applicants need to be made. (8) Traffic impacts should be accounted for by a traffic impact study with some accommodation made for future streets. Again, some of these areas will also be addressed during site plan review by the Technical Review Committee. (9) No special privileges will be granted if the rezoning is approved. Based on the above information, Planning Staff and the Planning Board at their April 27, 2004 meeting found the application to be consistent with the Comprehensive Plan and Commercial Future Land Uses, and therefore are recommending approval. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. I I I AGENDA Vill. NEW BUSINESS CONTINUED. D. Consider approval of an acquisition of Lot 1, Block K, Central Park Subdivision by Okeechobee Utility Authority - City Attorney (Exhibit 6). E. Consider approval of the Vacant Land Contract between Robert Meyer and the City of Okeechobee - City Attorney (Exhibit 7). MAY 4,2004 - REGULAR MEETING - PAGE 14 OF 18 COUNCIL ACTION - DISCUSSION - VOTE A motion and second were made and immediately withdrawn by Council Members Watford and Williams to authorize the sale of Lot 1 of Block K, Central Park Subdivision to the Okeechobee Utility Authority (OUA). Council Member Markham noted that the alleyway which runs directly South of Lot 1 was closed and is also part of the property. The legal description in the proposed quit claim deed does not include the adjoining alleyway. Council Member Watford moved to authorize the sale of Lot I and the Dortion of a vacated alleyway runninq South of and adloinina Lot I all in Block K. Central Park Subdivision in the amount of seventv-seven thousand. one hundred elahtv dollars ($77.180.00): seconded by Council Member Williams. There was a brief discussion between the Council and OUA Executive Director, L.C. Fortner. Mr. Fortner advised that he would take the offer to the OUA Board of Directors. It will be their decision to accept or reject the offer. Should they reject the offer, he could redesign the lift station expansion within the existing easement. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. A motion and second were made, then withdrawn by Council Members Watford and Markham to approve the Vacant Land Contract between the City and Federal Cast Stone, Inc. Mr. Meyer proposed amendments to the contract. Page 3 of 7, paragraph 3. Add language to the last sentence: " No extension of time will be granted to this schedule except delay's due to acts of God; or delays that the buyer can demonstrate are absolutely beyond its control; or be written agreement of the parties or anv delays bv a oovernina authoritv." Mr. Meyer explained he could not control the time frames of permits to be issued by governing agencies. Attorney Cook agreed with the amendment. Discussion ensued. Council Member Wafford moved to aDDrove the Vacant Land Contract. as amended dudnq discussion, between the City and Federal Cast Stone. Inc. (Robert Mover): seconded by Council Member Markham. 775 776 MAY 4, 2004 - REGULAR MEETING - PAGE 15 OF 18 AGENDA VIII. NEW BUSINESS CONTINUED. E. Consider approval of the Vacant Land Contract between Robert Meyer and the City of Okeechobee continued. F. Motion to approve Deed Restrictions for the Commerce Center - City Attorney (Exhibit 8). COUNCIL ACTION - DISCUSSION - VOTE VOTE KJIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. A motion and second were made and withdrawn to approve the Deed Restriction, by Council Members Watford and Markham. Attorney Cook advised of the following changes: (1) Page 12 of 20, Paragraph K, fifth paragraph, "All building and structures shall be kept properly painted or color -coated bv manufacturer and protected from deterioration and shall not be permitted to become dilapidated." (2) Page 14 of 20, T. Supplemental Development Regulations, paragraph 1, second sentence, "Exterior walls of each building shall be finished with pgLint or color -coated steel ....... He further advised that these deed restrictions, which pertain and govern only the City Commerce Center are more extensive than the existing Land Development Regulations (LDR's). There is language within this document that explains that these extensive regulations only apply to the commerce center area and that all other industrial zoning districts have to comply with what is in the LDR's. These restrictions are subject to amendments in the future. Council Member Wafford made a motion to aporove Deed Restrictions, as amended duriina discussion for the City Commerce Center: seconded bv Council Member Markham. Administrator Veach took a moment to thank Attorney Cook for his hard work on this project, stating "he gave 110 percent on what we have needed him to do recently, and we really appreciate him." VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. AGENDA VIII. NEW BUSINESS CONTINUED. G. Motion to award the Commerce Center Bridge Construction Contract to Drawdy Construction in the amount of $787,250.25 - Craig A. Smith & Associates (Exhibit 9). I I MAY 4,2004 - REGULAR MEETING - PAGE 16 OF 18 COUNCIL ACTION - DISCUSSION - VOTE Mr. Gene Schriner of Craig A. Smith and Associates addressed the Council by explaining that the City received six bids for the project. Staff is recommending the low bidder, Drawdy Construction. The low bidder is still over the budget estimate, (which was $600,000.00). They will now perform value engineering to lower the cost of the project as much as possible. Drawdy has already been working with staff, once their contract is awarded, they are willing to perform a bearing capacity test, at no additional charge to find out whether or not we can use 18-inch piling rather than the 24- inch the plans called for. We have eliminated part of the guardrail. We are also proposing to shrink the shoulders from six feet to three feet on each side, but leave the travel lanes as the 12-feet width. Staff is requesting that you go ahead and award the contract at the bid price and as we are able to do value engineering, deductive -change orders will be issued. Council discussed the shoulder width with Mr. Schriner and asked that he see whether he could stretch them to four - feet on each side or one side larger than the other. Their main concern was the pedestrian and bike traffic that will be on this bridge due to the proximity of the residential area. Council Member Watford moved to award the Commerce Center Bridge Construction Contract 2A (Bid No. PW-05-1 0- 03-04) to Drawdy Construction of West Palm Beach, in the amount of seven hundred eighty-seven thousand, two hundred fifty dollars and twenty-five cents ($787,250.25); seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Other bidders for this project were: Cone and Graham, Inc. $837,354.31. Murphy Construction Co. $837,439.00; Sheltra and Son Construction $840,160.17; Zep Construction, Inc. $1,026,674.95; and Lucas Marine Construction $1,088,708.00 777 778 MAY 4, 2004 - REGULAR MEETING - PAGE 17 OF 18 AGENDA VIII. NEW BUSINESS CONTINUED. H. Motion to approve the IRCC Crime Lab Contract - Chief Davis (Exhibit 10). 1. Motion to approve the Affiliated Computer Services (ACS) Contract - City Administrator (Exhibit 11). J. Presentation related to the topic, "The Value of Tourism" - Kathy Scott, Okeechobee County Tourist Development Coordinator. COUNCIL ACTION -DISCUSSION -VOTE Council Member Watford moved to approve the interlocal agreement for the Crime Lab, deleting paragraph 6; seconded by Council Member Markham. There was a brief discussion on this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve a contract with Affiliated Computer Services (ACS) of Sarasota, Florida, in the amount of seven thousand, sixty-seven dollars and ninety-two cents ($7,067.92); seconded by Council Member Markham. This is the annual expenditure for the license agreement and upgrades that is used to do the garbage collection through the tax collector's office. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Ms. Kathy Scott, Coordinator for the Okeechobee County Tourist Development Board, gave a presentation to the Council regarding tourism, how it affects the State, County and City. She advised that it was her job, although be il a large one, to obtain more tourist tax dollars for Okeechobee County, and change the mind set of the local residents to embrace the tourists, and to compete harder with surrounding areas to bring more tourist in. The age-old view thai tourist once had is to visit the beaches, and theme parks. Today's tourist is looking for peaceful getaways and countr� areas. In order to make a difference we need to work together to learn and understand how important these tourists are. MAY 4, 2004 - REGULAR MEETING - PAGE 18 OF 18 779 AGENDA VIII. NEW BUSINESS CONTINUED. J. Presentation related to the topic, "The Value of Tourism" continued IX. ADJOURN MEETING - Mayor. Please take notice and be advised that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, helshe 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 tapes are for the sole purpose of backup for official records of the Clerk. ATTL�r 'Lane Garnioted, City Clerk I James E. Kirk, Mayor COUNCIL ACTION - DISCUSSION - VOTE Ms. Scott stated, "give me your ideas, your input and invite your friends and family to Okeechobee." Council thanked her for the presentation. There being no further items on the agenda, Mayor Kirk adjourned the May 4, 2004 meeting at 7:54 p.m. The next regularly scheduled meeting is May 18, 2004. There is a joint City, County and OUA workshop scheduled for May 13, 2004. -'W- - - - '1- -7rf- --1!V-----,V-.�- - - -- --- - --- - _-,. - .. - - - - - - - 0 9 PAGE-1- CITM OKEECHOI3EE---MAY 4, MU.-P REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES 1. CALLTOORDE 4W6r. Yjrk. Mav 4.2004. CItV Council Reautar Meetina. 6,01Y a.m. 111. dPWNGdtkWdkft: Invocation niven bv'-Pastor Sallv Bull. OkeechobEiiiAreibvt6rian Church: Pledge of Allegianaled by M=r Kirk. 11111. INAV^ COUNCL AND STAFF ATTENDANCE - Cky ClIwk. Mayor James E. Xirk X Council Member Noel A. Chandler X Council Member Lowry Markham X Council Member Dowling R. Watford, Jr. X Council Member Clayton Williams X City Attorney John R. Cook X City Administrator Bill L. Veach X City Clerk Lane Gamiotea X Deputy Clerk Adriana Berry X IV. PRESENTATIONS AND PROCILAMATIONS - Mayor. A. Wayar X1rk proclaitned'the,month of May2004 as, %iv#fty Month.'and read the -pvvlamajon in its entire��y as follows: 'OMEREAS, the open exchange of public discoum Is ossandal to the deni o craft sysist'n' Wig oi eirn i -on 61 eti�k:idzA S1,4—s- a ocraw have observed cwtin ndos of beWorgenerally Amomm as clWft, MO)Wj��& WIftyl. dartved from the Latin words melvilies" meaning city and "civis 'I meaning cilizen, Is behavior weiftef, Anns living In a contmunlly-4v In common with offidirs; andAVEAM dhpbp of anger, rudeness, ridicule, Impatience, and a lack of respect and personal attacks detract 1=149)wiolj�, il��l-banp-offtas,-p"wtf*,&cussknofftbsuwad-nffdwmmp� Individuals ftm parftWon In government and WHEREAA civility c&n mist In reaching 6wohausin d1v=9 issues iififf affo-*V ffifteily respeeftl Wft 101110fth"; and j,.chj1fty can u plift our *Iyjffo ;nd make It more pl"nt to /in In an organized society; and WHEREAS, the City, County and Local Government Low Section �Me'Albilds Bar uqu Me -adoption. of apledge. of chft,,by all citizens.. In the, ftte - of Florida,, NOW THEREFORE, I James E Kirk, by virtue of the auffi&* vested In me a Abyw of the City of %F1101"m hanbre "i do hereby precisim Me, nwnffi-of Afay2W.as mCMUTY-MONT14 11-andcallupon alicifteftid exercise civility fowvrdeach other'. No one was present to receive the proclamation, therefore ft Will be forwarded to the"appropriate party by the Clerk's Office. V. *11NUTES - City Clerk. A. Council Member Chandler moved to dispense with,the reading and approve the Summary of Co * uncil Action for the April 20, 2004 Regular Meeting; seconded by Council Member Williams. There was no discussion. YEA NAY , ABSTAIN ABMNT KIRk X CHANDLER X MARKHAM. X WATFORD X wiLLIAMS X MOT"- -CARRIED. 0 0 141—AGENDA-.�1111lavor.- A. Requests for the addition, deferral or withdrawal of items on today's agenda. There were none. VII. 'MAYOR VJRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:06 PM -k-l' . AYCOUMIrMembei Watfuid inuml-"ad-by-Wou ui4y piupuovd Oidiiiama 14T134 Vwlc,;i,;iqj tv Comprehensive Plan Future Land Use Map Amendment No. 04-002-8SA, submitted by Rob Willson on behalf of Mary Francis Dixon for unplatted land located North of North East Park Street, from Single Voteon rnotion4oread by title only ------- YEA NAY ABSTAIN ABSENT CHIANDLER X WATFORD X CARRIED.- c) Attorney Cook read proposed Ordinance No. 854 by title only as follows: 1ANORDiNANCE OF THE CITYGFOPSM.1-01364.7 FLORIDA AAWMM WE G-MKO-FOKEEMBUCOURREHENSM PLAN, ORNNAM* NO. 635 AS' AMENDEA BY REWNG THE FUTURE JAND USE AfAP,- movms Pm Nausmor-00MMEAND REWYM FUTURE LUD USE MAP IN ME— COMPREHENSIVE PLAAP, PROWDING FORAN EFFECTIVE DATE." -Cmdi--M-e-m-�e�Ma-rkh-an-m-ove—d tLq adODt DroDOsed Ordinance No-._ 854 (Land P.Ia ipD engy j� recommends approval); seconded by Council Member Williams. b) Public comments and discussion. - ----- ...... Ordihance No. 854 pertains to Comprehensive Plan Future Land Use Small Scale Map Amendment No. 04- 0 P n mpany 0 SSA�i6VH&d by D.R. Willson Ei---d-Co-r----'-----on-tenaltottne prope-ftff*-her, mary t-rancls D[x­o-n.­Th-e--- st is to chanae the future land use desiqRatioqf�q!RS Lnqld Family to ornmercial. A rezoning application is al io in process for this property, changing the zoning district from Holding to Heavy Commercial. The �alcant property is a seven -acre unplatted parcel (Identification No. 2-15-37-35-OAOO-00009-0000) located , 161.11 *;Je­VfNoltI1 East Falk . . — . U-1.1 C%4-8 ---o" IV Road 70 East), acioss fi-oni Ithe (JIMMU Q Otes Post Offlee—.- Witt !'Legal Description being: the West -half of the East -half of the Southwest quarter of the Southeast quarter ryikiji'North of Stikelldad70 (Fort Pierce Road), in Section 15, Township J1 boutn, kange;3b-East, iessthe­ --- --- folkohg�ftnni ga the Southwest comer fo the East -half of the Southwest qya er of the Southeast quarter of s#id Section 15, run North 594 feet, East 186.3 fee, South 594 feet, West 186.3 feet to the point of --begli�n%.---Atro-les&4ho-No&-50-feet-W:kb-is-Teserved-for- road purposes- *4m-LaRw, - -Plarinil-19- ­Cons�� aJJ,o*.,,-,fft-C-ounci.-Poa,ie,'.ig StG901 1100 IndtiWIM'd 40-11ro-gh the wri 'n staff report that the intent of the applicant is to develop a large area of developed land as a u�'n­ifie­d I Fvj cot, ercli-166-ntbr o I I' age , prototype that at first the cnange seems inconsistentwith me current Future Lana' U-se.-M-ap..H-gw-ev-er,-th:is-ap;�e-wq�iLs-pne of the few remaininq areas have not been platted into Single Family lots and still containing Southern access to an arterial. The location of the new City Commerce Center to the h1e. hq -s—res that fih-a-ras %A4 1.1 b- -a ifttto-ftregi=-TheAC4�s­in��-- of v;dant commercial land is presently extremely limited. If this request is combined with other contiguous I . dielb it wuulJ Lft app�i uvi;atv lu w, *;Jorthe-change-b-Co, nine, cisl. it is -also Impoftet"M 4. ---- o U. ., -.,-,.-rtat*en - - -- - - - -- - impacts be show for these proposed areas. Preferably combined rather than separate reports. -40r Pla 'in Staff R000rt Cornomhonsive Plan Anewsis:­(A) The applicant's request is consistent with u tj y a ri is not currently available at this site. Some street are not existing in this area. (C) The requested Plan cu ptly adopted Future Land Use Element policies and the use categories of the Comprehensive Plan--. fB—)- -the cancurrency-of-adeq�public facifities,-therels-public water-avai1able nearth�i�-p­Wwerlty.-­-, Se e s n -Arnitidnien ,a,, Lm w, *;a6, it"th Gadjacentand nearby !and ­use94 they are alsodianged*Wornmerc4on- vv' the �-':uture Land Use Map. All surrounding areas are vacant. The Future Land Use to the North is Single Fa rr- "ye-`S6u-th , EasFafid- Wdsl are 8 1 n g le Fam Tiy—a nd'Coff fmamllal. -The Zu 16 19 1 n -att zw , i u u i id I I 19 d 10 a* I a A 0 PAGE-4. Hodnq, with some Heavy Commwtial to thaSouth and West and P"A"al Mobile.�Iome (River Run�also, to tho West. (0) In meeting compliance with specific standards fo the Plan, if infrastructure improvements are madp�and the JQ 0d;VVI is approved in a centalized-marme0wvipplfcants' request-woWd* consistent with the Comprehensive Plan. @?sod on the above information, Flkq_ping Staff recommends apprqv�l- The Land Planning Agency considered the application at their April 27, 2004 meeting and recommended approval. They also agreed with Planning ConWitant's LaRue's- thata-combined Traffic ImpactStudy be�itted toba C*.priorto the Council's decision. Watford - main concern, the streets - you've pretty much address. Assume the developer will be tying parcels t696thdF,-dd-V#l6p6r wiff'hav-e-t6affow Within'1119-dOdlapdr agT6eM0rVPtWa# that"Is'necessaq,1ndadingthe str"I traffic impacts, etc. Worry ��cause we've had some other developments in the past, that once the put 0 their:streets in and dedicated them, they have come back to haunt us, Sfia-ff- `6eed's t6`ma­ke 'sure (hat does no t happen. Also,.this iaasmaft sGale because it is under 10 acres� don't we.have a.percentage manmumfor the year? LaRue - yes its 80%, with these we're at 25% - 30%. Watford - Think this area is appropriate area for commercial. LaRue -4 wentbeelt-tDtompplan-wAthis wasone-area-listeder rem going to handle these areas. Watford - some residential areas, River Run to the West, assume any commercial wM W buff e-red? Yes. TRC7*1TMffdM-. Pub0c ? None. Waq6rd, small scale, only one reading of ordinance? Right. c) ' Vote on motion. VOTE YFA Va -ABST*M ASSM' KIRK x CHANDLER X MAO" X WATFORD X IN UAMS 7----- - X MOTM: B. 11.� a) Council Member Watford moved to read by title only proposed Ordinance No. 855 pertaining to -C-omprdh6nsiV6'P1an Future Land Us 6V—a0-Aff6ndMeht`No. 04--DMSSA,'8UbMM0dby'R0b Wfftson on behalf of Charles and Myrna Farmer for unplatted land located North of North East Park Street, from Single Family to Commercial - City Attom�y (16h'116141); seconded by Council Memti�r Williams. b) � Vote on motion to read by title only. YM YEA NO, ABSTAM ABSENT- - KIRK x CIONIKER X MA4KHAM X WAtFdkD X WIlLMS X MOTION; CARRIED. c) A" Cwk-read,pmposedor&w."-ko�=,by-tt6only-as4oHows: - CffYOFOKEECHOSEA FLONDAAMENDING THECffYOFOKEECHOBEECOMPREHENSIVE -PLAN,-001 NCE�WO. -035 AS AMENDM, -BY REWSiNG �THE FUTURE LAND, USE *V,, PROWDJNG FOR INCLUSfON OF ORDINANCEAND REWSED FUTURE LAND USEMAP IN THE CUme t%L-it&m*o 0= eLAK, 2. ai council member Markham moved to adopt proposed Ordinance No. 855 (Land Planning Agency . , recommends approval); seconded by Council Member Chandler. b) �!- Public comments and -dismsion. None. Ordinance No. 855 p6itailfft to Corritprehensive Ptah Future Con The the I Dan PAGE-4- , The request is to change the future land 'use designation from Single Family to Commercial. A r1ercial. acdnt prbperty Is a 5.06 unplatted parcel (Identification No. 2-15-37-35-OAOMOO 11 -0000) located on Drth side of North East Park Street (State Road 70 East), acFoisi-from the United States Post Office. This 1 is-located�&ect�-Eag-otftjd*ve-appkafio-n-Kift.LegaI DeSCriDtion beina: All that Dart of the North 1 feet of the East half of the East half of the Southwest quarter of the Southeast quarter of Section 15, s*37 South, Range art, less and except the-No#h,%%9tAhemof, Cuu, it,;;, Flaiw;iiq 361-1 R-e-portindicates that the it ite, it of the `Spp-H1`UanTt1-5-_10 --- - -- dew lop a large area of developed land as a unified commercial center or village prototype that at first the --6-hii ji ­see_ffis­in&n­sistent with the cunren-t Future Land use map. However, this acreage is one oi the iew _rem� ljijingAr%a_s_ have not been *ftd into sftlq amily lots and still containing Southern access to an arte 'al. The location of the new City Commerce Center to the North assures that there will be some iftintoftregion 12n, 1th ro2dw of vacant commercial land is presently ext ely limited. If this request is combined with other contiguous areas it would be appropriate to consider IM IdFIYU LU �.M1111101v;al. ld"lau;mvouilaiiithat hanspor1c,1;,A,;.,,pa-,t*-be show fot these piociposed areas. --- Pre rably combined rather than separate reports. Pla in_g Staff R - ----- -Mort Comprehensive Plan An)*sis: T _�e Nplicant's request is consistent with currently ed Future Land Use Element policies and the use categories of the Comprehensive Plan. (13) Regarding 9 -7 W� GMW4%A0VW 10%1 . I I - - ­ curr 'fintly available at this site. Some street are not existing in this area. (C) The requested Plan Amendment J nearby land i ises N they — also -"-ged to Commercial on the Fuhn- - cot isi to, eL ";(I. al A Lan Use Map. Most of the surrounding area is vacant. The Future Land Use to the North and West are Single F v -for the Nortn,"Sdo-uffi-ah-dw6st is Holaing. ine— iay Yte South is Commercial. The z6hkingiin propefVdirftlry Eastl in the County. (0) In rig qqm a ce with sVe f ndard§ fo the Plan, if infrastructure impi overnents are made and the development is approved in a centralized manner, the applicants' request thc obvvc;i iftimiatiui i, Fla, ining Staff reconinnen -approval. The Land Planning Ageneyeensidered the' pplication at their Apdl 27, 2004 meeting and recommended approval. They also agreed with Planning __C6n u t aat -La-Rue'�-fecommend5iUon-lhat7dcwom h Tramcimp 6tudy be submiwd1o­1heX11y-M0M- the ouncil's decision. -same- comments nQ before, againnMd.2rp-a fnrxznimerciaL V%Ao YEA MAY AMAIN ABSENT X__ DLER X HAM X __X W V IAM NAI S X MOTION: CARRIED. KIRK CLOSED THE PUBLIC HEARING AT 6:11912M. Vill. NEW BUSINESS. u- h Ci I - Mbnibe r W atto rd m o v ed t-c re -a- -a n d -s-el M a y 18, 2OC4 -a-9-Vp u-Mc -heMW9 4M 8 Rezoning A 04-001 -R submitted by Rob Qspd, Ordinance No. 56pertainin to fflication No. Willson on behalf of Mary Francis Dixon for unplatted land located North of North East Park Street �_---from_ Holding -to- Heavy Commercial �Z4 Planning Consultant (Exhibit 3Y seconded -by Council Member Williams. b) Vote on motion to read by title only and set public hearing date. 0 1 -ji -6- ABSTAIN X flu X -WX INIL�IAMS --X" --MOTION: CARRIED. I, I—— -­- ­­-­ -- Attorney Cook read proposed ordinance No. 856 by title only as follows: "AN ORDINANCE OF THE CffYOFOKEECHOBEE; FLORIDA AMENDING THE OFRCIAL ZONING MAP OFOM:CHOBEE AYREZOAVWACER MACTOFLANDWOREPARMALM YNSOMHERES FROM IUCTTOHEAVYCOAWERCL4L(CHIOZOIWNGDISTRfCTAAfENDING -HOLDING( 7=11INGDIST 71W11E ZQMNG MIAP A pROWMG FOR CONFUCM SEMUM aY AND AN EFFECTIVEDATE." 2. 4 Council Member Markham moved to approve the first reading of proposed Ordinance No. 856 (Planning Board recomme6ddi seconded by C6-uncil Member Wifflam�. b) Discussion. -­--------- -------- (�iryance No. 856 pertains to Rezoning Application No. 04-001-R submitted by D.R. Willson Land Company Ul I go -Mary a,,g..;*D;Av, The request Is -to Wl K-oftl io ji, upw ty-owner, cl ange th t zoning district ftomHolding to H��vy Commercial. T agant is a seven -acre unp hel� ---pW* --- -Igftd parpql (identification No. 2-15-37-35-OAOO-00009-00001 tqcated 4 on t e North side of North East Park Street (State Road 70 East), across from the United States Post Office. .L , e9a DeSGOption being: the Wgs���Emt-halfof the Anuthwastquarterof the Southeastiquarter lyin North of State Road 70 (Fort Pierce Road), in Section 15, Township 37 South, Range 35 East, less the b the East --half oft' te Soud twest quartet of the Southeast quarter - of s�id Section 15, run North 594 feet, East 186.3 fee, South 594 feet, West 186.3 feet to the point of in-- -- W -W -f ---W -is fd- ­d tor road pup6s-e—s.­ begr6h6 g. k1jolesst 6 oiI�50 6etw i6h serve Jim Rue, reviewed briefly, Planning Staff Report reflects that this parcel is part of a unified effort to change m [fill on --ad to will and1l. (9) ,ve,ima-4-vacant-tandio-commemiaL tdeveWpment-is i inified a -d 'nkastn icti ire i the zoning change would be appropriate. Anolysis: J11) If the Future Land Use Map Amendment (No, Q--S�Wis appiumd, theLut ... t�j�iv-u-ld-ten-be-coits*steitwiditlie%Co-Ompre'll,-Utl,71v Paen.--(2)-+4eemy------------------ percial zoning allows a variety of permitted uses as well as special exception uses. Applicant has ited ftfia­ r6st6dr-aWntis-being proposed, which is a perm"iUe-d­u­se-.- j3) in aadress'in-g-tKe-adverse eifect o-publi�cjaterest surr9undinq prop@rty changes, as being ions, the impact ,C _proposed in separate applicati e public appears to be minimal. (4) The rezoning request seems to be reasonably compatible with lent land uses,and4smtcontrary or dotdixient 21 tourbanizing land use pattems (5)Infomationobtabed-- �e indicates that it would not adversely affect property values or living conditions or be a deterrent to the I A lvtllloletu.j,ovclupi,iv,-Iltofe4aceiitpiup"-.--(%ff-necessary,-pioposeuus can besu*tably buffered ------- 5,urrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. This would id4is-6d--Ey-tTie--T6-6KWi-c�-al-'Re-e-v-i-e'-'-'w---C-o---m--m-tlf(e--e---dunng site plan review. -(i) inis app1inT16rFIS-1V---- �ab[e - _p jor4ens�ty p@ftqrn_$-th t would overbuNep ic facilities. However, Infrastructure improvements _k _qb1_ ave to be made. (8) The applicant will have to address whether the rezoning would create traffic Wion-,flooding-or -drainage problem A traffic impact -stu� has been requested -by- Planning and Planning Agency when the same property was discussed for a future land use map amendment. i,some-oMesecitc.abvvriictlzvLmoddressedbAng-siteplanfevL-wby-b* D special privileges will be granted if the rezoning is approved. Bas 0-on the.Ab inf rm iqp and the Plannin Board find the application to be consistent -qyq_: _q__At_ _,Plan h the Comprehensive Plan and Commercial Future Land Uses, and therefore are recommending approval. c) Vote on motion. film-WIM - -ABSTAIN- A13SENT------ X --X 0 am A ftaetj A ___ --- Amu X WATOORD X VVILLIOAMS X MOTIONt,-CARRIED; PAGE 42- B. 1A) Council Member W911brd moved'lo read by title only and set May 18, 2004 as a pubiliThearing date for proposed Ordinance No. 857 pertaining to Rezonng Application No. 04-002-R submitted by Rob Willson on behalf Wdliides'Farmer and James Crowe fo . r Block 4, PH 66 Addition i6a"a'n u�plift6d parcel located North of North East Park Street from Holding to Heavy Commercial - City Planning Consultant (Exhibit 4); seconded by Council Member Williams. b) � Vote on motion to read by title only and set public hearing date. V0 "I YEA JW - AfttAN " ABSW X CHANDLER X MARKHAM X WOOOk!) X VEJAMS X MOTION.- CARRED. Aftomeyto-readp.oFosedordirtanceNo.857bytitleo*esfoRm. 1ANGR1XNANCEOF-Tl4MTY_ OF OKEECHONA FLORIDA AMENDING THE OFF1CIAL ZONING MAP OF OKEECHOBEE By REZONINGRCERMN I OF LW mum - I -A 1—tTICUL M Y MCMW MEWN, FROM HpWkqMZOJWNGDIMCTTOHE4VYCOAWRCIAL(CHV7ZOIWNGDFSTMCTAMENMG THE !dWNd *0 X660ROW, PkdWD—iAfd'MR-06-OUffg,-SL-'Yck'AdU7YAMIY'AN EFFEC77VEDA7EN 2.#� Council Member Markham -Moved to aWoveAheLfff$t reading.of proposed OniinanceNo.857 (Planning Board recommends approval); seconded by Council Member Chandler. b) Discussion. Ordioance,No. 857 pertains to Rozortin-0-pplica on No. 04-002-R submitted by D.R. Willson Land Company on behalf of the property owner, James Crow and Charles Farmer. The request is to change the zoning district from ft1ding to Heavy Commercial. The'8.46 acre property is made of three unplaftect-parcels-(Lldentfficafion-No. 2-15-37�35-OAOO-OWtO-OW, 3-25-37-35-0210-00010-0040, and 3-25-37-35-0210-00010-0010) located on the North side of North East Park Strek (State'koid 70 East), across frohm the United StategPo-st Offibe. W1th'lJdgaI'Descd0fi6n being: All of lots through-J2, irjcj_usiye lying- North North, Park Street (formedy kpqWn as Fort pierce Road) as now constructed, Block 4, in Price Addition to Okeechobee City, according to the plat thereof recorded in Plat Book 2, Page 17, public remds. of Okeeclwbee-County, Flork* And The alley in, Block 4, Price addition to Okeechobee City, as recorded in Plat Book 2, Page 17, Public Records, Okeechobee County, Florida, between Lots'l -6 and 7-12; And-Thastreet know as Northeast 2nd Streethasit run east from Northeast 12th avent* to Northeast 12th Avenue, particularly located North of BIock4, Price addition to Okeechobee City, according to Plat gook2, Page 11,' Public R Hs, Okd6chobeeC6u'nty, Florida. Commence at the NbitheAst comer of the Southwest Quarter of the Southe ' ast Quarter of Section 15, Township P7 South, Range 35 East; thence run $ 00*18'26" E along the Easterly line thereof, 668.71 feet to the Point of Beginning; thence continue S 00010'26E 276-28 feetto ttwNortheast comer of Price Addition to Okeechobee CitI4 (PlatBook-2, Page 1Z), then 01'e run S 89*50'34 W along the Northwest line thereof, 336.76 feet to the Northwest comer of said Price Addition; thence run N 00*17'46 W along the West'line of the East half,of the Southwest Quarter of the Southeast Quarter of said Section 15, a distance of 273.38 feet; thence run N 89020'47" and parallel with the No6erij line -of previously mentioned Southwest Quarter of the Southeast Quarter, a distance of 336.71 feet to the Point of Beginning. .4m LaRue, briekaddressed the Council, Planning Staff Report reflects that,this parcel already has a Future Land'Use designation of Commercial. Analysis: (A) Heavy Commercial is consistent with the Comprehensive Pian�'Policiies and the Future Land Use map designation for this property. (2y Commercial develop is authorized un the Heavy Commercial Zoning District and allows a variety of permitted uses as well as special exc6ption uses. (3) Commercial use Wil'i-not'havO an adverse effect Oh the'public Interest. (4) The rezoning PAGEJ- request seem to be reasonablT compatible. with. adjacent land uses,. and is not.contrary or detrimental to, urbanizing land usd'paftems. (5) Information obtained to date indicates that it would not adversely affect property vatues-orliving condifionmb"&ftmeritto u 1r, h i iptuvurriumorUj-U,V,C-'K-;-Pr—r7-U-M'of-ad*eopmpefty. (6) ff necessary, proposed uses can be suitably buffered from surrounding uses, so as to reduce the impact of a fty� n u I s -a n 6e o h a- za rdto-&6 h ei g-h 56 rtio dd. Th is Wo u M -a cTfts 90 Y th 6 TkWh ld�ar R606 Wt6 rift ffifte during site plqn_re view. (7JTrkfflq impacts can be accommodated under this rezoning. This will occur prior to or in'conjunction with development. (8) The application Is not applicable regarding the proposed use being inordinately burdened,by unnecessaryrestriction. (9). Ro-special privileges wifllrbe.gmted If Ihmzoning..is approved. Based on the above information, Planning Staff and the Planning Board find the application io�be consistent with'the Compmh4mrive Ptah and CWWWO191 FiuturetgMUges; and1herefore coe 1k:�W111111V1J1qj;0Ppr0VaI. NE !'�' Avenue - research. c) Vote on motion. Y0 YEA, MAY KIRK x CMNMER X MARKHAM X WAIF - RD X WILLIAMS X MOTION: CARRIED. C.'L A.), Councfl Member Watford movedto read by title only,and set May- 1,8,1004ma public, heanng.d-ate for proposed Ordinance No. 858 pertaining to Rezoning Application No. 04-003-R submitted by Rob Willson on behalf of Chafles--and- Myma Faaw for unpla#ed WW-locaW *Mh. of Nor* -East. Park Street from Holding to Heavy Commercial - City Planning Consultant (ExhIbIt 5); seconded by Council Member Williams. b) Vote on motion to read by title only and set public hearing date. YZA NAY ABSTAIN ABSENT. KIRK x CHANDI ER - X MARKHAM X UWA4 P%P% "AlIFORD X IMWAMS X MOTION: CARRIED. C) Attorney Cook read proposed ordinance by title only as follows: 'ANORDWANCEOFTHEWYOF O&WHOBEA AON& ANENM0"TW-0FA=.iovnvu **to ul- axwcHom'Br -REZOtVNGA.CARTAINTBACTQFkAMOA(oRgWMUL4RLYDESCPjaEDWWN 1pog HOLDING(h7MNINGDISTMCTTDHFAVYCONNSWAL(CHtgZOMNOrDISTRICT,MMONG THEZONING X01P CCORD, XGLY PAOWDING FO&CONFUCTS, ER:ECTNEDA7EN 2. Council Member Markham moved to approve the first reading of proposed Ordinance No. 858 (Planhing[Board �-econded by Cou'nelt Mernber'Wtffams. b) Discussion. Ordinance No. 858 pertains to Rezoning Application No. 04-003-R submitted by D.R. Willson Land Company eftbeheW the pFoperty owne , CAarles and-Myma Farmer. The request is to change the4oning, district from Holding to Heavy Commercial. The vacant property is a 5.06 unplatted parcel (identification No. 2-15-37-35-OAOO-0001 1-0000) located on the North side of Nort08ast Park Street (Stat6 - Road 70 East), acrossfr6m the United Stites Post Office. This parciel is located directly East of the above applica ' tion. With Legal Description being: All that part of the North 668.71 feet of the East half of the East half of the Southwest quarter of the Southeast quarter of Section 15, Township 37 Soutk, Range �35 Eami 4"-ar4except the North 50 fe��t — , ---4w 40we, PInnning-Staft Report, reflects that this parcel is Dart of a, inified effort t-changa-anJarge-area-of vacE At land to Commercial. If development is unified and infrastructure improvements are made, the zoning M (bin ()A chef ioe would be Analysisv--,W If the utu-1-19 Land Use Map Amendme.... -7-010-3-SW-is- appi �ved, the zoning would then be consistent with the Comprehensive Plan. (2) Heavy Cb m'mercial zoning 0 -----Va-nety I oT perminea uses as -USK.-O) In addressIng the advi�iw #06%Auili N% s a well as speciai excepbb-n the )pblic Interest, If Site Plan review is performed adequately. (4) The rezoning request seems to be reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patfiWns-Homaverif lands -to -the -South. remain msidenW--there-woukLbe,.sme-.conWtib[li-�Lis� ".51 Information obtained to date indicates that it would not adversely affect property values or living conditions or --be-a deteFFent te the impfeyemen! or development of adjawnt propeFty-,--("AeG9"aFy, PFOposed um can be uitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the T n boirhDW-.Tl ils wuuld W dJJ,u-6bk-,J by tiod , k-.ul t. iLdl Roviott Cumtmt6o Ju%;),�j t-46 pla-11 Oovlv��o- Dje�n ity is not an issue for this application. Utility accommodations need to be addressed, especially sewer. -,Ig Rig t�'Of-way and road construction commitment by apoli6ints need to be made. (8) Tra c impk( s u --be.i =mnted-fdrb"-Wdficjmpwtsh*At some ammmodation made for future street. Aqiajn-, somQ- of ft 6se areas will also be addressed during site plan review by the Technical Review Committee. (9) No 9"leges UUXAIIW�A It %1-� 1-2C Ba d on-tht d6uvL- 1,46widGuit, Fldiii(ui� Staff and the Fidwi;oj Swid find-tht aWtk;adOn-to-6d,,u1 ia;*Ient- with the Comprehensive Plan and Commercial Future'Land Uses, and therefore are recommending approval. r.�4, Vote -on VVFt; YEA NAY ABSTAIN ABSENT CHMIXER X ---W PORD-- X X MU I IV14: k,��Cu. sition of Lot 1,, Block K,-Central Park Sub-d--iv-i-s-io-n---b-'y-Tkeo—em6h—ol5ii-Otil'iq--- sale -1 of B'eek K Central -Park-W-OUA seGonded by 48 6-moved4o authorize the . e of Lot --willillms. I - Ma am - adjacent alley should be included in legal description on the deed, its not, need to amend deed. motion to authofte the sale of Lot I and the adloining- all to the South In Block K of Centmi Park. In the amount of S77-1180.00: seconded by V01111ams. OU r'�11"Exe, Dir, LC Fortner - we're looking to build an expansion to lift station, eliminate problems. Wasn't ex Pting such al(q;ii PIILV ful plupet ly, ill 6U uf 1116 pulUldbld, �;dl i VV4:, U61d;. , dd4;1*,j. tal ow�1,1611 -� to expand to th, canal?. Markham - I'm not in favor of it , we may want to make a park out of that area one day. LC - even sou, I! to just the canal, not the creek? Markham - you've already got an easement for that area. LC - ok, Twi --takc I your offe to.1he-OUA-Boardoift sm1h-e-m-arcepting-it since the lots across the street are seliN $5,( 00.00, but its their decision. Markham - don't know of any lots selling for $5,000.00. LC - estimated costs not- �tuai sale -Ua*ham --you -know can't base anything 'I yuu 14autplenty-of ruotntherawtmrelhe-otdplant�.� L-C;- yes, but as-CounckmMarkham- Wat' d - (Jul I just rtated, the City has indicated they didn't want us to go into that - 2 acre area. 7 ty 9--above-taxable value. Its also the same amount the Ci iust autho zed to pay 2-year water and wastewater capital connection fee's. th*e I'll take it to the Board and we'll see what their decision is. YEA NAY AMAIN ABSENT X 0 X KA"M X WATFORD- X ML41AMS X MOTION: CARPED. PAGE -9- tonsider appqyo of the Vacant Land Contract between Robert Meyer and the City of Okeechobee City Attorney (Exhl . Wt - 7 . ). Watford - moved to approved the vacant land contract between Federal Cast Stone, Inc. and the City; seeoMed by Council Member Ma*Mm. -Robdrt-- #4 subsM *awess with potablewaterandsotidw as service connections available - - ." with �!Bill/Gene Shriner - can't do that, they will run power to you, as business, but they will not run it for the C they wil see YO ity.� "lli what kind6f usage you 46 a6d46rk with' ' u. BiU - wd'64idd x amount of l5dwer'l6run through this park and then not haveanything to prqve it. Gene, lift station aw ftbed ­3 of 7, item 3, ormy-delays bygoveming autivrity, not in control of permits to belssued, can!t be held' responsible for their delays. Cook, no problem adding that language. Watford - so now we need to amend it, there may be more. Motion and second withdrawn. Waqqrd - 2 of 7, _condition of the prpporty, imprQyqpQqnLs,Au41qct to we saying we arp _jq�ng to develop the park'according to those plans, what happens if we don't. Cook - Meyers entitled to get his money back. Watford - 6 of 7 scares me, failure to bring developments, Cook'!- ff we don4t have improvements,buitt her canl�bufld, but, incurred costs on ptans, planning,,he4beout that money. CW tie this to, in some way, I don't know that we should tie'hirn to an August 1' deadfine,'he's g6t to start doin-things now, don't know if we're going to be finJshed__0y then. - Bill -, Mr. Meyer can obtain access to his property with existing infrastructure. Grants money being release are fied to Ns vertical constructions, and he has to obtain perrrilfting. Wa#Ord - that's kind of my concern, if we encourage him to start, and then something on our part happens, thenve have more fiability-there, than if we waft until -we're readyto go. Cook - theoretical possibility, his time frame of construction 9-12 months, when he finishes his pmject in I summ. er 2005, we'll haveour pift done by''be"n. Bw 7before then, ours is set to commence next week, ran er constructions $2million contract, Robert - awarded the contract for main construction, bridge awarded tonight, any doubt with time line being dons? Bill - only if failure on contractors part. Robed - What is time fine'? Gene - think its Dec. Robert - Don't see anyway III be done by end of March 05. Only thino would b0tidge-in OU60on. If the bridge isn't complete, I can still operate, will I be given a CO by the City, it would be less trucks than during construction. Mayor - we'd have to do that. Bill - right. Robed - as long'as fm issued -a 00, i'libetappy, know� I'm dependent ory you -and you oft -me. W06rd - 2 of 7, item 2, assume long as substifiTall, doesn't have to be 6x6ttly? Gen - right, substantially com lete accordi to plans. Those areas not going to be complete have been .P p 11 P_g explained to Robert, road to water plant might not be done fight away, for example. Watford - Appreciate every bodies work they have done on this project. This is basically what we started at. Mayor- this- reflects what weve been discussing aH along - Bill - goal throughout all this has been to keep all parties informed as much as possible and has helped move this'61ong as quickly as it hat. Mayor - open communication has been a vital key to keep this going and brought us to where we are so I - 0; � - PAGE -10. ' VV=10 I red to woro" the'Veciiiint Lend Conti-ect behmn GKv and Falere' CAM Sbvwrlw--�w- it Iffirw 191%OW amended durinq discmi6n: seconded bv Council Member Markham. t for additional lots,, will be addressed in, a separate agreernent, separate docoment to consider later. VO YEA NAY ABSTAIN ABSENT SC LER X am A in CARA_ W' IFORD X 177 ---- --- ---- -- __F_,�, -Council Member Watford moVed tO aDDrOVe DP e0detionsJor-1he Cammerce._Center_n_C4.____ Attorney (Exhibit 8); seconded by Council Member Markham. Co penciled in changes, didn't make it to your copy, 12 of 20 all buildings have to be painted orcolor-coated by anutacturer. inausmai zoning not inis extensive, nas ianguage that this only applies to city cut i i, i od, w cen r area all other industrial zoninq districts have to comply with what's in the LDR's. This is of coarse, I e sub t to amendments in the future. Changes on pages 12 and 14 to make wording consistent"painting and ---- Wat!'bra - motkoffWaf-we--app®rove- "ee restric�ons as amencied -dudn"16uub��iui i, bew, i4td-by-Cmmil- __.Me�§qr Markham. -------YEA NAY ABSTAIN ABSENT-------- x M ___ X D X 5_ MOTION: -CARRIED. -.enter Rddge Constaiction Contract to ounGil Member Watford moved to 2w2rd the Commerce C - Craig A. Smith & Associates (Exhibit 9); Drawdy Construction in the amount of $787,250.25 --seounded-by-Council-Menibe, Markharn­.------- - - ----- ssecdft6iii before moti-o-n-1)(6-se—nte-d. _w_ePJD_u_UQ_bA.6bids_r 0. low bid$ value enaineer the project down, the enq�eeqdeZsiqner, 18-inch they will do a test piling, we won't go with 18 unless it meets bearing capacity. Guard rail, some bono contract. Track switch in, get the, width of road 2-12 ft lanes and 3 ft shoulders, Wide enough for trucks, hciv�l Low, w;J[h UIC *01111d, ahuuldc, lo allialler Watford, pedestdans on-*eet�-be-irt-thaO ft area, conducive to do that, wouldn't encourage pedestrian traffic, bike traffic more, all space on one side, not sure IF—ovdt --g--olt6-h-e�Vd-d-6ttdi-O-dm—ount of buff er-9r—ea-,-N-S--P-ft-n11VW0*- you in m on eac s e pU vou can stretch to 4 ft on each side. To match at least sidewalk width. its tiq�tRrqj �e�t. Now there is soff 0 more room in that one finger, I feel comfortable with the numbers, went through them again today, with )1000 out, is 2 -for Tall -spur, -my- numbers doalmatch- to -Nancy%_ Lift _Rtation.-should come-ift-under $15):,000.00 when its rebid as a separate item. They agreed on their own dime to do the test pile. Then we'll woc *or-24-._'DF1d­UV Design Engin stickler and-he-woW-t-let-anyhN slip by, 9 hav6b go with 24, wont get the 140 savings. 7TF PAGE -11 - VQ# YEA .. XAY ABSUM, ABSENT KIRK X -C+IiN1DLER X MARKHAM X Wmruv w- X WILLIAMS X MOTION: CARRIED. H. Cook - indemnity Won, comern that contract di tq their insurance, _p delete all together so no entity has cost fashion against each other. If we approve this we need -'to do it delefing- parag;aph 6 Davis - crime'tab has been turned overfrom tRCC-to St Lucie -County Sheriffs*partment, the way we submit our cases, billing and costs has stayed the same, billed based on cases and population. Budget amount each ' ' - i - yeat',1hey give profectid costs each ye4. IRCC ra6 wilth-6ut-kagfeem6nit. If we don't enter into contract, can sti# pend cas es, just wont have a voice in how its all run. Mayor - we'll we want to send someone that will sit as rep on this Council. Want"him to have a voice in this. Council Member Watford moved to approve the interlocal agreement for the Crime Lab deleting paragraph 6, - f Chi6f �Davis (Exhfl*IM; seconded by Councit Member Mal KI Markham - Rep will be appointed by you or major'for someone from City police department? Qa�is, - yes. Personnel is still the same i still located at cam . IRCC been great providing these services, pqs don,lt, understand this. Mayor - looks ke a.power struggle. Willi a'ms - could be in case someone suddenly decided to do own crime lab, like, as St. Lucie continues to get biggpr, they could -put! out, Ju, , F;i iv expenses on whoeveris left., Mayor - and that might very well be what is on someone's mind, its all we can do now. ME YEA NAY ABSTAIN ABSENT, KIRK X X X X WIL IAMS X MOTION: CARRIED. Council Member Wafford moved to approve a contract with Affiliated Computer Services (ACS) of Sarasota, �lorida, in" & amount of $7,067.*92- City Adminis'trat6ir (txhf fi); seconded by Council Member Markharn. . Watford, what all does this give us? Computer hardware, software, total package to do garbage on tax roll with Tafk�&eftbrg ofte. Buying-Hoonse every year, re'newing'software, get affthe upgrades and'service, main cosili,s license, right to use this software. Serve entities throughout Florida and Georgia. They already use this company, have problem, fix it. We're 's'pendirig'P6,000 for 9-o-meone else to do this and not catching all the looAholes- YEA WAY. -ABFMW KIRK X CFt*0LER­ X MAKHAM X WATFORD X VALLIAMS X MOTION: CARRIED. J. Presentationja4ited to the topic, "The Value.of Tourism" --Kathy ScotL Okeechobee County Tourist Development Coordinator. Kathy Scott, national tourism week, enlighten everyone about the biggest, Ilow are worth rnow 75-1/2-m6llion visitors outnumbe -ava 5 - 7 nights stay spent mone 51 billion taxable sales 20% total taxable sales, 2 twice annual income of walt disney 12 billion logging, 1/3 --stayed with Mmily- & Me, ids, 22millio, , ii i resturants, 6 billion venue ad i i ,every dollar by circulates throughout state, multiplier effect example, 885 thousand work in tourist area, 16 billion payroll to payth6M, relativey staDie ana growing, every percentage point creates (LPiu new Jobs, not just min wage (10, 1 4.Ayg)__Mn businesses 60% small properties, respected in their community, industry without smoke stak0s and does have environmental impact, pays for itself, we have no state sales income tax mainly because taxbadeA next time yot 1 see an out of town visitor might savaladtobaveyoubere- --Oke eehobee Cou. ity - fte for us to get more of the toudsm tax dollars, ftest eempewen eme, age old beates, and theme parks, today's tourist looking for peaceful getaways, country areas, in order to make a diffqrence neea to worK togetnerto ieam and understand now important these tourist are. ciive me your meas, jqpO!_aRq Mil , beauty of the area, t.rue _Lnyifte your friends and farn to okeechobee, project the real okeechobee - - —t!" attraction starts witl�peoiple in okeechobee, wonderful real people, work real hard to change the slow area, o bas events need to let us know so we can have all the events- Thank you, r-F%�01 "AF IA— 0 W%^.7 lu%on. 4V1%AY .-16 national taudstweek. Adj-oUffrhent 1:64-0.X --- ------ --- Al� TrI 0 - .1- -1-0 PAGE -1 - Cff-tOF REduLAR CITY couNaL mEETm - HANDWRITTEN MINUTES 1. 'CALL TO ORDER - MAVtW.- VNrl May 4:2004.-ttv-CouncWR=ftVee#na. 16:00 D.M. 11. OPENING-CLVRI!MQNWjj*_lnyqgatip aiven by Pastor Sally Bull. Okeechobee Presbyterian Church. Pledoe of Alleqiance led by Mayor Lf 0(- Ill. MAYOR COUNCIL AND STAFF ATTENDANCE - City Cie& Present Absent Mayor James E. Kirk Council Member Noel A. Chandler V Council Member Lowry Markham Counciff Member Dowring'R. Waftd, Jr. Councill Member Clayton VViffiams City Attorney JoM R. Cook City AdministratGr- EWf L. Veach City Clerk Lane Gamiatea Deputy Clerk Adriana Berry IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Mayor Kirk proclaimed the month of May 2004 as "Civility Month." and read the proclamation in its entirety as follows:- WFEMS, ihe open exchangi-if 04blic dridburse - WessendaTb the dopmr#Ucsn*noFgovtrpment;Aa-CWHERWas�ecomerstonsofgpnocrqc ALpericans have observed certain ruin of behavior generally known as chrility; and WHEREAS, civility, dertued from, =40*V r4.�Wd "zhft"-j3"&nIn0 rCitha" beftViof worthy of cdon living In a community or in common with others; and WHEREAS, displays of anger, rudermaj '111.01WIUM&W, MKI-9 Ink 111WW1MV%=ff from the open exthangs of Ideas, prevent fair discussion of the Isom, and can discourage individuals frm- pin UdWofflln -UwMwimit�vnd, VMERSkS, clMll'Ity-can anist-Irrmching consensus on diverse issues and allow for mutually respectful ongoing relationships; and WHEREAS, clifty can uplift"our diffj'We ifid' 1466ii or ht ib'M In- an o*filiied' socl*., and WHERCAS.Aho C1,ty,.C9qn,1ly overnme Secti nt Law on of The Florida In­tiW' "Flo iii- -- "i Bar urges the adoption of a pledge of civility by all of rids. NOW THEREFORE, 1Jwass-LXWby-v1rftwof1h&auth vastedinme-uMayoroftheiCity,of Okeechobee, do hereby proclaim the month of May 2004 as "CPALITY MONTH," and call upon allcotizen to-oterelse-elv'" twordeach-etheri- - or -V- 7UT Tj V MINUTES - Clft CIadL -- ---- A.-- Council Member- - ir4ved- to dispense with the reading and appFoye the SummaFy 4---- Council Action for the April 20, 2004 Regular Meeting; seconded by Council Member V YP NAY ABSTAJN ABSENT C DLER _-VO - - C MOTION: DENIED AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. J VU. UFOLN FOUtWU HhMft� rUlt UIKUINAN(�c AUUe i WN - mayor Lo -u - VIM A i CouncilMember D A ij W moved to read by title only proposed Ordinance No. 854 pertaining to _-ComprehensivePlan Future I -and Use Map Amendment No 04=0024,13A. guhmitted by Rnh W61kon on behalf of Mary Francis Dixon for unplatted land located North of North East Park Street, from Single __JL - Fam",Cv$1111101�.Aa� - %'.",ity Attorney (Exhlb"It 1), seconded by Council Member le- _b) _-Vo-16 o n- mofiWtd_ i66d_b`y_ 06_60�.-_ I ----YEA MAY ABSTAIN ABSENT ----- fro JDVLE MAI WIL JAMS --DENIED MOTIONs kt!T!5W proposed Ordinance No. 854 bytte only as tollows: *Ariumut OF THE OKEECHOBEE FLORIDA AMENDING THE CITYOF OKEECHOBEE COMPREHENSIVE RE S MAP - PLAN, ORDINUCE NO. 635 AS AMENDED, BY REWSING THE RIM LAND U E PROVINM WRLUM USIONOFORDIMANCE AND REIUM RITM LAND L1SEA1AP1N17W____ COMPREHENSW PLAN; FROWDING FORAN EFFEC77VE DATE. 2.1a) Council Member L moved to adopt proposed Ordinance No. 854 (Land Planning Agency recommends apoio My, seconaed by L;ouncii member 0 vJ b) 1 Public commenT aV discus sion La Kde,--c., _VOISUN aQ_fP0__,f___ 0� )aW In-Aa M__ 0_1 W_�� y1a Me f-C, eL c--,e vj,p r 19a 4- C a r) bo !SOPRIS (Mh .4 , done &corntnend, PAGE -3- i pe r rels Per, Do v,0 r aftA) , 'TRC- (QqU'fQ-1 -�P-R6jqe,' S+rX r) C IA) J60,e N Pod fo bV, CpCjeqUq�R z sfiv/1 -S)(Q10� I-C4C( 1 '3 t)'% X kJ 0 MeA�J Mel) F 900S,� firpfD)q- &Pa 50rne polr�l- pronprlt4 w0l i�e latTr 7&Cr4 C) Vote on motion. Yl�� MAY ABSTAIN ABSENT VJRK, CHA " ER MAIWJM WA10M WIL4AMS MOTION: DENIED PA-GLE ---BA�--Colinc'lMember---PYq----=md-to-mad-by!tL-�-proposed-OdnmmNia.-M5-petWnbg--- to Comprehensive Plan Future Land Use Map Amendment No. 04-003-SSA, submitted by Rob Willson _on behalf of GhaAesimd4Ayn�a Farmer fe unplatted land leeate&North of NoFth East Park- Street, fr i Single Family to Commercial - City Attorney (Exhibit 2); seconded by Council Member on motion to read by title only. YEA NAY _MUAIN ABSENT Ki --- ---- ----- -- K ;WMI L i[LAM c) Attorney Cook read proposed Ordinance No. 855 by title only as follows: "AN ORDNANCE OF THE CITIMFOKEECMM& FLORIDA AMENDING THECITYoEOKEECHOSEECOMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REWSING THE FUTURE LAND USE MAP,' PROWONG FOR #XLUSM OF GROMA"AND RE14= FLqUffi L40 USE MA P IN -THE — COMPREHENSIVE PLAN; PROWDING FORAN EFFECTIVE DATE" 2.&) Council Member moved to adopt proposed Ordinance No. 855 (Land Planning Agenc - y - recommends approval);- se-c—on-d-ei—d6y-Council Member b) Public comments and discussion. ct(rO - foljWS C0Tn1rvr60J -------- --- ON— swe, T& CUM - LM --r)' o PtJft, SrnCLR _Sjrip , IDVJ- be\J,,jA1).__bLJ Ir --- - ------- ! 'Chaf)U ow op OR op- �(Quj 0 �Sj J) a Le L c)c\Y 0, f a4 wl'lt c-,) T, - vote -on -motion. W�vi,7F - 77T, 9 iF= L/- MOT110N: DENili 11"I PAGE 4- MAYOR KIM Cl OSED THEPUBILM WAR= AT U � I q - PAL VHL , NEWBUSINESSR. A.I.#) CounclMembdit-t 0- moved to read bytile-Oftly anidsytMay 18, 2004 asa,pubtic hearing,date for prql;p�ed Ordinance No. 856 pertaining to Rezoning Application No. 04-001-R submitted by Rob Willson on behalf of Mary Francis Dixon for unplafted land located orth of North ast ark treet from Holdin -to Heavy Commercial-nCity PlanniMConsugant Member � �J- b) Vote on motion to read by title only and set public hearing date. y= --YEA- �- *AY -A89TAJN ABBE CF"DLER MA$" WATFO R D WILUAMS MOTION: C&NUED DENIED c) Attorney Cook read proposed ordinance No. 856 by title only as follows: 'AN ORI)INANCE OF THE Cl I Y up UA=LW1U1%M FL UMUA ANOTI, UUMING 71 7nri U OFFRR C 14 L ZONM MA otmeff"a BYPJMONNGA CERTAIN TRACTOFLANDMOREPAIMCUL-ARL YDESCRUIEDHERM, FROM WL&W (F02Wft D187H0MflEAVVU*A&ktAAtL I GHV) 4-ukiftsi*�i I idi� o, AiftALMW TnE. wNimG mp -AcomjN0LXyR0WpjNG FOR COMUPTS, SEWRABfUTY AND AM EFFECTA(E DATE. 2-s) Council Member moved to approve the first reading of proposed Ordinance No. 856 1 . (Planning Board-recon appm*-, seconded- by -Councff-Member - 6�j . - - � I b) Discussion. Ur6151 e fq W I F L, L� ro - Dv/ - L a )i e, w j ch e K ry� e n/)-c - L,, KW, P P atVOL� - Pf 2 -V ;- Vote-oriffietion. j2LE Ye� NAY ABSTAIN ABSENT. K"( CHANDI ER WAVORD -MOTRKI DENIED |. -- |` -- ' -- '' - - -- -- '-- -- --� ----- -- ----- _]��GE~6. iid Cnuncil ' -^~~~T� - - ---- ` --_ for proposed Ordinance_. - No,_ 857 pertaining ~ Application by --1^ 'RcAY --- .unplatted parcel located North of North East Park Street from Holding to HemwvComnOe[cial-CM« - � ^PtanTvkkj-tuiisuildiiiiExhfM"),sL-wiided-by--CAvJ-­__ ,- '---- -- . � ' read by title only and setpublic hearing __ date._ NAY ABSTAIN ASSENT--_-- -� _---� _'_ --_ Vjw -- -'-- - -�---- '------------'-- ---- - ' � ���o�� _ / � ' THE ZONING MAP ACCORUNGLY, PROWDING FOR CONFUCTS, SEVERAMUTY AND AN _--__ , sT reading rTi6ance NO. 60( . _°-~~~~^=,.~-~ [���W��\ ------- ---- ---- '----- _ _ __-' -__-- -_--_- _- _-__-__-_ Rue, ~ _ Lqd F\ U �y� 0 /�/yl��)/��'`°' - f ' ! __----- � - ' | { r , � � -- ------ i` - - --- ------------ --' ---- -- ---- --'-- -- ----- - ----------------- ` | , ^ -- -m& ' - �YEA MAY ABSTAIN ABSENT kttAM FORD MOUOW |i I PAGE -7- CAAJ Com)cU-Member Pk\l moved -to read by title o*_wd-set May 18,2004 as a pubtic'hemtV date for proposed Ordinance No. 8�8 pertaining to Rezoning Application No. 04-003-R submitted by Rob W#Ism on b6h�alf loUftdries and-Myrne Famwfor unplatted iand 4ocated North of+lorth-East Park Street from Holdin ,q to Heavy Commercial - City Planning Consultant (Exhibit 5); seconded by Coundi[Member rW b) Vote on motion to read by title only and set public hearing date. VOTE YEA__MAY. ABSTAIM_AHSEMT IURK CHANDLER MAORW WWOORD WLLIAMS MOTIOM. DENIED c) Attorney Cook read proposed ordinance by title only as follows: "AN ORDINANCE OF THE CffYOF OKEECHOBEE ME OFRC&4LZONW XV OF, BY REZONNG A CERTAIN TRACT OFLAND MORE PAR77CULARLYDESCPJBED HEREIN, FROM "^I MA"^ "M -W1ft1KWAfi^ VW% L11"A 1 091111 W1161 118MM. 1-4 Z"W W _00—iffiNG . I &ANTUTW THE ZOMWG MAP ACCORDINGLY, PROWDING FOR CONFLICTS, SEVEWILITY AND AN ... crrcwPvcijATE." i 2.a) Council Member moved to approve the first reading of propoiid Ordinance No. 858 CA/i (Planning Board recommends approval); seconded by Council Member b) — Discussiom W�P� q Q- - F I U rn - Cl MST54en 4 OW - -Cas�, 5 c 0 fkrod hom . sco_�_iprod_' c) Vote on motion. MM _YEA NAY ABSTAIN ABSENT Vj LI, fts MAR�16W! %ANA 4-0-0.9%m INIL�,IAMS cc DENIED -PAGE ark Si ffidivigimby Okeechobee Uft--- Conside appmval of an wAl dsdion of I at 1 1 Bbck K, Cent Authodty - Cit ftom "' ,.y A 6y (Uhlblt 6). pQ-ri-j-- -D' C IA) e- orc/ OIN, C(dricte'OP14 allex-4 N� tm D-pod P-4 de w -L.-c U-A f)c4 (3n-hc)rxt+e& rnu-ch Sto in (�pqj,� to Sav-*i-) 5A r o'P- nckh+ oP onfV)( 41 n S�rpe* OP CA .. ... . - ------ - -5 0 Q120 /,CZ X� PAGE E. Consider approvai of theVacant Land Contract behmeen RobPAMeyer and the C4 of Okeechobee City Attorney (Exhibit 7). fed pr U yy C P-) or d-r4 pq C),eq t r - v r �- �Iec�rfc V— c -I ct 05JONluper. 5QLk it) r CYP e- Ci 0 h Inel Meg WO ru -�epma �tq 0 71) [ACh ti) uSe tv Q /;�3) CUJAor in CmiyDl, --ro Ct � Ct ry) P"C, cA t� r) n cl i fo de - - C) tzt�Zm.. Ow VOOP Pig 7Y)ee r d vaw.k5 cyj )�'Oc�k CQn CkCAS �ocl j Pfrhi5hed Fro)0Q, haw- CU poH- vv--p-d unh I ma roxi C& comp/ pp� A vo lJf u wytl W& pot h 0,,� vulm PymL ty )t C LAJ�0 op tion q� Ole ov4z�1,4. � C~*__' _. m./ _-- __-_ -_ aar hatl-V -- _- .-- ' - Ls �� --/�� ./��_L=«-'z.�w�-��/ ^_ -~�l�4�� / ��'- — ~ A�IP7~' / -- - _-_- --l._ _---' -_--_ -- --' --- -'--'---------- -----'----�--- --''-- - ' ----- ` �x L� x�\h K�� rL� �-'� ' ���/-�� ��'�dw�_-^�����-�_L'��, ^ ` ,---- - ----- ---- --�'----' -------- - --'----- - ----- -- � o ln��0 ~� ) / (� v`/LV «~�/ -----'--- ---�------ --' --�-------'---------�r--- ---'- --- ---'---- ------ ----- -- __-___--- ` YEA, MAY ABSTAIN ABSENT All | = ' PAGE-11- 0. Counc#Meff9w- movieftaw.-ad Me Commerce Center Bridge ConstrucWn CwtWA to Nct,(,L)a � C6a",CkW ' 'in the amount of --] 3-7 Craig A. Smith & A**vii�EAdbit ),,,c,,,,,J,:�J-by-Counc't'l'nnember / M C51 eV lv� (j Cl )Q 1) Li L fb, Pya V)dj rP55 h-x-,W,s �qu mLor C0097c(,�11, (-Q �ov oaf d b-W, Oct n b-P --q V q0 k o GUIV OfIred tj -ob-k Sa vq., f rg-r'l up 7 P 0 4fo C 0(2, Maju ()ur ft-� CtE -Much nz,47 3 WTI �)�eCt rMrn -4D 6'var wld ) oo Pn-Or � Coocrab CM-Lr -lr*Ll P4, W,, c :harc�, C.0 M PiT ct, Cin a ncy- ofc(er, W016t� kj/ U�, 6,1,.dl YEA MY ABSTAIN ABSENT 64'DLER &&A li ILA an MOTION: ED DENIED |! - - - -- -- - -- - -' P&W -lit- - - -' &f.- _ - ' moved to _ -_- 10); seconded by Council Member } _xY'~~- '`^ - - '-- -----'------ togi ij � ` \,� ' ~` _-. ^-~... ~.,'° �- -- - !'- — - ----'---- - ----^� `-'^ -=~-�-- -----' � �L - maL �-� ��� �\K(�� L 40 � - - .-- Oki ^h° ^- ---- - - N�-4r-/� - -- - ------ '--- ' -- --------' - - - -- � U " � . ~ u - ! � - — - -- - --'- - - --- - - ' ' --------- _-_--_-- ' / - - - - -- -' - -- '- ---'--- ----'-- -- -- - -- - - > _T!_ � . " - -' -- - f. -- ---- -- ' ---- - -- --- ---- - ' ------- - ---- -_- _- �-- _ ^ - ---- -----' - - -- ' - -- LE� t _ _--_ _ - --_--- _- -_ � ~~^^ MOTION: IMLIIAMS �_- - .~_utftcu_- � _ - �-- - PAGE -13- L CouAd -Member moved to approve the.Affiliated.Compuler Services,4ACS),Contract.- City Administrator (Exhlbk 11); seconded by Council Member bV\j ld Wq 7J- -P Fu PL 0 6tilp YEA NAY ABSTAIN ABSENT CHAOXER V U A MCI I A& MA V WATCZ MOTION: CARRIED DENIED AFFIDAVIT OF PAISHER OKEECHOBEE TIMES 106 S.E. 5th St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared JW Owens who on oath says that lie is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida-, that the attached copy of advertisement, being a 21 IRI IC W011CF Pr):u 1')Al r, in the matter of CITY COLJNCjLMFFT1N(-, NnTICF CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974-2932 941-763-3372 In the Court, was published in said newspaper in [lie issues of 04/29/2004 Affiant further says that the said Okeechobee Times is a newspaper pub(ished at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly 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 [lie attached copy of advertisement; and affiant further says that he 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 (lie said newspaper. her) J. W. Owens, (Pilis., Sworn to and subscribed before me _� qd day of this I— A.D 2004 (SEAL) N otary Public �,Jjy P OFRCiAL NOTARY SEA I L 019;( ROSEALEE A BRENNM 0 X COMMISSION NUMBER CC 940770 MY COMMISSION EXPIRES OF FV JUNE 25,2004 MA Y 0 7 2UU4 19 L 0) 1&nBy rrv" OW Counca wa Tandq, May 4, 55 SE 3&Ave, I � im PAIC is km L,Fok a copy ofdwe TAKE if any i E*Aift'such bdiiated persM wM so" or ibe proceeftVA WW for Such *4 I&Y need to,entare a verbefim iom ft d0W I$ tnada, which word im. up - is! to be b&m6V7VW&Wft* :pu" of back-up for the III Wft the Act AbA) and FWW. *duW !ergo! with' , &&Wes nft" fps- :., to partIcipate in ada po. Mdkg shouk! contact LAne CwWotft no d�!n two_(2) woft* days prior wto - 4; if you ao a voj*ce unpu*red. cau TDD I-WO- 222-3448 (Voics) of lag-447-5620 (FM )=06A;gOT" d1l, C3,* OXIMM013EE nMn CITY OF OKEECHOBEE May 4,2004 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 1. CALL TO ORDER - Mayor: May 4, 2004 City Council Regular Meeting, 6:00 p.m. ii. OPENING CEREMONIES: Invocation given by Pastor Sally Bull, Okeechobee Presbyterian Church. Pledge of Allegiance led by Mayor. 111. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the month of May 2004 as "Civility Month." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the April 20, 2004 Regular Meeting. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. MAY 4,2004 - CITY COUNCIL AGENDA - PAGE 2 OF 4 VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No. 854 pertaining to Comprehensive Plan Future Land Use Map Amendment No. 04-002-SSA, submitted by Rob Willson on behalf of Mary Francis Dixon for unplatted land located North of North East Park Street, from Single Family to Commercial - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 854. 2.a) Motion to adopt proposed Ordinance No. 854 (Land Planning Agency recommends approval). b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to read by title only proposed Ordinance No. 855 pertaining to Comprehensive Plan Future Land Use Map Amendment No. 04-003-SSA, submitted by Rob Willson on behalf of Charles and Myrna Farmer for unplatted land located North of North East Park Street, from Single Family to Commercial - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 855. 2.a) Motion to adopt proposed Ordinance No. 855 (Land Planning Agency recommends approval). b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. MAY 4,2004 - CITY COUNCIL AGENDA - PAGE 3 OF 4 Vill. NEW BUSINESS. A.1.a) Motion to read by title only and set May 18,2004 as a public hearing date for proposed Ordinance No. 856 pertaining to Rezoning Application No. 04-001 -R submitted by Rob Willson on behalf of Mary Francis Dixon for unplatted land located North of North East Park Street from Holding to Heavy Commercial - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only and set public hearing date. 0 c) City Attorney to read proposed ordinance by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 856 (Planning Board recommends approval). b) Discussion, c) Vote on motion. B.1.a) Motion to read by title only and set May 18,2004 as a public hearing date for proposed Ordinance No. 857 pertaining to Rezonng Application No. 04-002-R submitted by Rob Willson on behalf of Charles Farmer and James Crowe for Block 4, Price Addition and an unplatted parcel located North of North East Park Street from Holding to Heavy Commercial - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only and set public hearing date. 0 c) City Attorney to read proposed ordinance by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 857 (Planning Board recommends approval). b) Discussion. c) Vote on motion. CA.a) Motion to read by title only and set May 18,2004 as a public hearing date for proposed Ordinance No. 858 pertaining to Rezoning Application No. 04-003-R submitted by Rob Willson on behalf of Charles and Myrna Farmer for unplatted land located North of North East Park Street from Holding to Heavy Commercial - City Planning Consultant (Exhibit 5). MAY 4,2004 - CITY COUNCIL AGENDA - PAGE 4 OF 4 VIII. NEW BUSINESS CONTINUED. C.11.1b) Vote on motion to read by title only and set public hearing date. c) City Attorney to read proposed ordinance by title only, 2.a) Motion to approve the first reading of proposed Ordinance No. 858 (Planning Board recommends approval), b) Discussion. c) Vote on motion. D. Consider approval of an acquisition of Lot 1, Block K, Central Park Subdivision by Okeechobee Utility Authority - City Attorney (Exhibit 6). E. Consider approval of the Vacant Land Contract between Robert Meyer and the City of Okeechobee - City Attorney (Exhibit 7). F. Motion to approve Deed Restrictions for the Commerce Center - City Attorney (Exhibit 8). G. Motion to award the Commerce Center Bridge Construction Contract - Craig A. Smith & Associates (Exhibit 9). H. Motion to approve the IRCC Crime Lab Contract - Chief Davis (Exhibit 10). 0 1. Motion to approve the Affiliated Computer Services (ACS) Contract - City Administrator (Exhibit 11). J. Presentation related to the topic, "The Value of Tourism" - Kathy Scott, Okeechobee County Tourist Development Coordinator. IX. ADJOURN MEETING - Mayor. 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 proceeding, and for such purposed may need to ensure 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 tapes are for the sole purpose of backup for official records of the Clerk. 0 EXHIBIT I — MAY 4,2004 AGENDA MEMORANDUM To: Mayor and Council From: Lane Gamiotea, City Clerk' Subject: Ordinance No. 854/Future Land Use Map Amendment No 04-002-SSA Date: April 28, 2004 This is the final public hearing regarding Ordinance No. 854 to consider approving Comp Plan Small Scale Future Land Use Map Amendment Application No. 04-002-SSA. The application was submitted by D.R. Wilson Land Company on behalf of the property owner, Mary Francis Dixon. The request is to change the land use on an unplatted parcel located North of North Park Street, East from Single Family to Commercial. 0 All fee's have been paid. e The ordinance was advertised in the Okeechobee News on April 23 0 The Land Planning Agency voted unanimously to recommend approval (April 27, 2004 Meeting). 0 There is a Rezoning application in process for the property (No 04-001 -R) 0 Due to this being a small scale (less than 10 acres) amendment, it is not necessary to mail notices to the surrounding property owners, nor post a sign on the property. Please do not hesitate to contact me should you require any additional information regarding this application. Thank you. 0 0 ORDINANCE NO. 854 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; 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) for a small-scale amendmentto the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, 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 Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part 11, 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 11, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of approximately 7.0 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 04-002-SSA, from Single Family to Commercial. The Legal Description of Subject Property is as follows: The West half (W1/2) of the East half (El/2) of the Southwest quarter (SW1/4) of the Southeast quarter (SE1/4) lying North of State Road No. 70. (Fort Pierce Road), in Section 15, Township 37 South, Range 35 East, less the following: Page 1 of 2 0 0 Beginning at the Southwest corner of the East half (El/2) of the Southwest quarter (SW1/4) of the Southeast quarter (SE1/4) of said Section 15, run North 594 feet, East 186.3 feet, South 594 feet, West 186.3 feet to the point of beginning. Also less the North 50 feet which is reserved for road purposes. SECTION4. INCLUSION OF ORDINANCEAND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No.854 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 4 1h day of _May, 2004. ATTEST: Lane Gamiotea, City Clerk Adopted after first reading on the 4 th day of May, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 0 0 City of Okeechobee General Services Department 55 S.E. V Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: ',NR�04 Petition No. C)L�- oo Fee Paid: Jurisdiction. L f I st Hearing: a�� �n4 2nd Hearing: 51441 0 L4 Ce, Publication Dates: L4 C1 Iti iq to 4 Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: lz<mall Scale Amendment (Under 10 Acres) Large Scale Amendment (Over 10 Acres) Name of property owner(s): M C A Owner mailing address: C21 C P e �r PName of applicant(s) if other than owner (state relationship): ---j W L-Vi- L vuct is I Applicant mailing address: LjjQ C-- 9-v�� C Nr &V V 04, )Z, L C,/, Ll 4 A N Name of contact person (state relationship): T L.\Ar T ), - 120,g P R 0 P E R T Y Contact person daytime phone(s): 0 01 Fax: 17C S -)"i Lj,��j Property address / directions to property: Parcel Identification Number: L-1 K7- �3 X) o ec el — Z) 0 0 Size of the Property (in acres): Current Zoning Designation: Current Future Land Use Designation: Existing Use of the Property: Vf- ( A-k�T-- Proposed Future Land Use Designation: 6 c> M v-A �,--fLC r /) j__ Proposed Use of the Property: (--,, -vvLL:7- 1 Q—i v'*1 �-Vt- D,� '--) izv'- Description of Surrounding Properties: V - Vac C VY-1 V%*'k V L i) d1vmk-ri V"P - W C t P ) 'fV L 0 L"�Ao Legal Description of the Property (Lengthy Description May be Attached): A V C-1 L / LV & V I Required Attachments -`-Survey of Property (11 " x 14", 20" Scale) Letter Outlining Request Notarized Letter of Owner's Authorization ��/11, pplication Fee (non-refundable) City Location Map V I Confirmation of Information Accuracy I hereby certify that the infon-nation 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 $506.00 and imprisorunent of up to 30 days and may result in the summary denial of this application. L/ Signature Printed Name Date Page 2 of 2 0 0 March 29, 2004 City of Okeechobee Checklist for Rezoning and/or Land Use Owner: Dixon Property Tax ID #: 2-15-37-35-OAOO-00009-0000 Size: +/- 7 Acres Enclosed is an application for a land use change and a zoning change. This letter is to address items #2, #10 and #11 of the rezoning application, and item #2 of the land use change application. Zoning Change Application Comments: #2 The applicant is a local real estate broker assisting the owner with a zoning change application. The property is under contract for purchase. #10 The application is a request to change the zoning from Hold to CHV, subject to a land use change from TISF to Commercial which is being simultaneously applied for. The reason for the zoning change request is to help provide the necessary land available for upscale commercial development. At this time, within the City limits there is only minimal commercial land available for development. Of the land available, assemblage opportunities are limited, and if available, cost prohibitive. This change is requested to allow the City the opportunity to attract good quality commercial development that will be needed as Okeechobee grows. #11 At this time, the intend use will vary. The intent is to start the process of obtaining the necessary infrastructure associated with requirements of an upscale commercial development. Land Use Change Application Comment: 92 This application has been presented to apply for a land use change from Residential Single Family to Commercial. The intent of this change request has been addressed above. March 18, 2004 City of Okeechobee Planning, Department: 1, Mrs. Mary Frances Dixon hereby give permission for D. Robert Willson of D.R. Willson Land Company permission to represent my interest in seeking a !and use change on my property from Single Family to Commercial, as well as a zoning change from Hold to CHV. The property is identified as follows: 2-15-37-35-OAOO-00009-0000 +/-7.00 acres, vacant Dat�� �nces Dixon Mary F State Of Florida, County of Okeechobee Sworn to and subscribed before me this byMary Frances Dixon Personally Know Di on e r' onally K, f I fi tio Type f Ildenficatio roduced NO ARY SIGNA �UfRE r — et4 F1 tic 20* CO., 14C. jq,4% day ofk4L�l '2004 or Produced Identification D. L -Z-5 My C��IMJSSION �3XPIRES WARMANTV baro OnEW'S nmm A, C. 4 "A ft. So, 6 W This Indtnturt, Mad,this ',vmn*'.y-ci,rhtYaYOf Ft-bru,., ry A. 1). f 9 IBCLWttrl JjAin ^o, 1.filly nrvf lj'cjjj(� K-elly, I i*.; b -'I n el c n'l. of the Ceittelly cf and Slate (if Flovida part nf Me first parl, and F_ n zid ry it,linsf, ratiling, address I's of III( County of alld Slate. of twirl a[ the so-rorld parl. 1ORMSCIh, thtil the stod peirl fr`r (of thr firict pat 1. /,or old 110�llslderalictl of thr stfirl of - -0ollars. and ,ther powl ond vethiribir cronsiderations Ili ill hand paid. the rpt-ript ophrre-oll is hrri-bil it, / edqrd' /off granted, boriptiried. fcold and comuri rd, and by these pri-sritlif do, ilrotil. IWI yevirt. se/1'. coterry arld rimilrin tittle) the witL porl ier of file serotol pferl moll -(Yrtfl nirfrigns forriorr, 4d) that cri-I(tin porrrI ill land Itling arid britig ill the, Comity of i'c (fild Mole ill mure partirulart!j dricribed as follows: d', M" the t ?,,! i f cf the Southeast r':' 1 "Z t' ;�C? d o 70 r rz, nt, rc 1, n -cticn 15, .17 "'hc 1,02 1 cni r I: -r: c S c r of "Cc�. r 15, r, n ­th f or 1�'- r :.Qrr.*.l rc i:; r to. A f.!:' VFQ t 4 N ir 0 Toqcthcr wflif all the- Irtirmtits. bri-rdileyrn'erils and 11-ith om I for privile-i r iqhf, fill, and rx1fdr, doi(Vrr wid ri,71it n( dowe-r, ret-r.ii(m, r,-timindrr mid r, ,r-mrid rb, bri'wi,litir To have and to Eold ill,. it, i, ff,,r, .1 or tit (liqpvt.ir I!i,l Ilw ).(it(/ parl : of //w fir.0 lostrt fill 1"w"11.11ft Ii-fill 1/1'. INII-! � - "i Ili, ...... old imr, that I.­.—1 Are lit fill Whi i1ek-rd oil 1he solid lorvoi, scs. Ififil I hr of irc off'l Mile fight wid 1,110 /it/ mrihorit, to u,11 tit,- ,im. wed ifir ,tt,l 1wrt "I c r� to/ tht, lit -I I.ir I df) 11111� Ihv tirl'. Its "I;d land. iffirl tfilf '14-forld Ill,. Mo. I'lli-Ild 'd '111 l"'? ith"m"o.-t In 7ifitness Ufhrrrof, ill,- said purtlt�,!: of the first lotert havo Iwi-clillhi xf-if , , , 'm lfflll'j� arld ocrab the ditto arid Yror (iborpr written. Y111fied. seal d dcli�4�trd bi our Iforrocrtirr. '_ CF__ I,P 0 1, 3 1 By, Rttum IM Okwi Abatrscl COMPally 207 N.W. 2nd Strod 5 \F\A") okeed.b.4, FL 34972 Documentary_ Stami paid In ttle a"i of 7 IR fi-�r ECORDED MAIL TO* %a N.11-IS11 S Clem C Iffitantblo7ax paid In it* amount ; C( 4 w V. 4 4 1 Oli_hob- FIL 340" Sharon Robarbon. Dark c(CIrcult Coin Ok 6 nty �FW44 7hl. M-9.9. p,.,.,.d bir N.- T-1 I Rod.,. Load PlIi Clrp.rry: Slo L.k. N-flon.1 Bank Add-.: 1801 Hn,y 441 SE. Ok-h.b- TL 34974 MORTGAGE FUTURE ADVANCES MAXIMUM LIEN. The total amount of Indebtedness sticuied by this Mortlingl' may decrease or Increase from time to time. but the maximum amount of principal ind.btedness which may he outstanding at any one time ,hall not exceed $45,228.36. plus Interest, and amounts oxpendod of advanced by Lander for the payment of taxes. levies or Insurance on the Property. and interest on such amounts. THIS MORTGAGE dated February 19. 2002, Is made and executed between CHARLES FARMER and MYRNA FARMER. his wit*, whose address Js 1818 SW 28TH AVE. OKEECHOBEE, FL 34974 (raferred to below as �ararvtor") and Big Lake National Bank. whose address Is 1409 S. Parrott Avenue. Okeechobee, FL 34974 Ireferred to below as 'Lander"). GRANT OF MORTGAGE. Fill -i-Ill. .d,W ... 11- Ilia-, rnongoQ,% to L-6ftr All 01 GIAM101 9 light. I-d'. and ink. -I ,,and to in. f0li d.,c,.b.d -I rudoi Idea~ .,ill .11 A ..... M or ..b."u-11, ...... d or .11-d Imald'NA. -provenuldl. Add i"u,", all :...di loghl. It -.1. and -0 --, w­, And dlich ,Qhts IrmcludIng Stock in with ditch , oogatl- lights),' IM At oth., light,. Md P1.1m. 1-1.1,,lt to Ina .-I P-PA111. wd'umn 1-mul"u'd 'I' o". go., g..rh-i am "Mo., (the "Real property') located in OKEECHOBEE county. State of Florida: All that part of the North 6GS.71 feet of the East 112 of East 112 of Southwest 114 of Southeast 1/4 of Section 15, Township 37 South. Range 35 Erixt. Okeechobee County. Florida. LESS AND EXCEPT the North 50 feet thereof. The Real Property or Its address is commonly know., as NE 3RD ST, OKEECHOBEE. FL 34972. G-lo, p--ly -.gm. is Land., as .1 G-I .... .. g1rm. IM.. ..d .­-, ;d nd to .11 d,...mt and I.-. I ..... ol t,. P,d",Iy Add .11 R.­ I— Ine Ndq-y In add,,-. G-111 Iran,, to L,imd., A Um,10,- cor,mrs'c'.1 Comm M ...... . n It.. P-d-I P1.0.11Y I" n..,.. FUTURE ADVANCES without this M­,A9. ­­ in rdd,ll.d 1. 1,. ­wm, p-fi.d In In. Not-. -11 fulul- amount A Lender in Ill dis- ion MMAY !opn to Borrow,, witnn -niv (201 v-15 of in, data of In, M0(IQAgll. together mm .11 in,.,.,t th-- THIS MO KTOAGE. INCLUDING THE ASSIGNMENT OF TIEN-, S AND THE SECunITY INTFRFST W THr RENTS AND PERSOfJAL PROPERTY Ill GIVEN TO SECURE IAI PAYMENT OF THE INDEBTEDNESS AND (51 PFnFORMANCE OF ANY AND ALL OBLIGATIONS UNOEn THE HOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF 822AI4�11. THE 11ELATFD DOCUMENTS. AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOtLOWJ?1G TERMS: aRANTOR'S WAIVERS. G19,101 wa- 14 Vhl. mr del-sa, --V by 10-01 ol my on, Action* or '-, d0f1cr-cy' law, of 'MY Othel law whirch -, Land- 1- b,-V--, am, .1-d -a-'. ­ol.ma A Iml 4.1--y 1. In. I.-, ;, 1. . rl- to, d.h-dcy. betim. or .11.1 L,Idll 2 co-mconsmi or cordo-, ol any forall-am A,',-,- "'th" lud-c"'lly or by .1 A P.- .1 -Ill. GRANTOA1 REPRESENTATIONS AND WAAAANYIES. G-w, --ts That: Ill In" M-9101 ;, ..C.:;d a, Borrow ' A '"." and M.t .1 in. .1 Land.,: thl C.-Id, r., Ih. 1,,fl Tin- light. a- ..Ih.,,,V 1. -11- 1- Mo, Q. and to hypolh.c.t. Ih. P..M." I- W 11'. 01--mm. .1 In.. Md"QA0. do md, ­11,c, -in. or _ull In A .md- .., ig--n, ml .,I ... ... t-ani ruiut,mo upon G-- am do no, -.0 M, . wMA-m o. ad, A-. cowl d-t- 11 old" IPPI-till 10 (11-m- (dI (31-01 has rllt-blll�d .d.nuot. mi- I (In, M. A -n-Mma bamu, rmwmiml- at,.., On-- � (imancl-t lon-11-1; and 1,1 Land., has ni 'ittion to G, an,., About P-mA, odci,mbn� -notmi. I.mo.lind Ilia is[ PAYMENT AND PEnFORMANCE. E-ot .1 rdhalwl.. -dimAdod 11 trial 0dol-I h.11 day in Lama, ad Intlimbs,d-25 FOCUI.d MY IN. M-0.0. . it 'ircons, due. and 8.11-1 and G.amit., hall Ili�lly perform oil Ro-wof A and G-10f . obligations undor this PO S SESSION AND MAINTENANCE OFTHE PROPERTY Its-- add Grant., .9- that BdIl-w-1 A add GI-milml A 'Mo Ira Pro"ify hall 6, co--d by rha following P ...... Im add U... ud'o In. mc-- .1 ad f-ml .1 G,armm, .A, 111 -Aim j­-­mn -I r,i .1 Ina Pldrim", f2I ..., m,Ar­ or -0, In. P-Mi- add 131 ,A-1 IoA Fm- I- Ih. PI.Imlly am- ha% -rd,- It. P,mruoy in Ind,fil.nn Mll I'll'-"' ro '.,A.,,. add , I. Mo-. 11 -k. C­911.mc. With EmA,rddra-1 L.- G-1 or .. ..... Ml, a- ..­­ in J,m., r.4 111 ().,.ng t�. rle-d It of 11,. In.,, has h.- - - pr-ol- s-tigl, 1-1-Ant. d-cs., or in-l-rid rl.- M my ... =:,: sw-- I" my -add --, 'h-1 m, I- - Nn,im,ty, 12) ri-11, A, M, -M,1111N. mi. "I rMmn ... Mo, as 0-lm-i In 1� It, L-J,, 111-1-d I.k`- 0 Any S, m, -Irl I'M- 1- 1 ri-m- 11, jr, An, A,,m( 11 VA 14 06 see uthnil 04 "w, _JkJv tr­ th.11 4%t.4, or of. twPwOs"' w #Q 01,0 0,.If ;,�Iwfv 414 I-W .1 resew isenlivil'-s. vit"evolim, and M-p- of 0. A%�7-71,,. 10 1111ST IMIAL SAVINGS ANO to" ASSCCLAI" of 0KIICNol(l COUNTY. a toDw.6-1 v,,,dvr fh* limin of she usset011 Stafts, v4 A-kA, P-Ulrot ranod the Atsixitthn% w�,kh so- j,,� sh, ,,umw" " a,$" of ft-. ialdl A*iso�d#f, ' - 1. . - . -, ;. ­. 1n:t SM "AT, IS@ #--+I"- III It. M4,s,&W W?vti4y hii she Aleede4bien..- hwJ IW%-Isn�rsi k S-Irl, 60�64g" and #j Otweneod Iry a pw w wy A64 of � ds,l he.,_4,1% *,J. Iy Is, A" .7m " p - I " to rho Mort" In Ph# p-J6- 4�paf ji," F IZPP -------------- q00 -I "tfSw .4th 11flir"t 0109,4 mw.K " "j, Is." In dieft J4 W-46,4. 0 wthoe Ni," for ~44 ynonsl4ip Par no kwhe&n Int",rit wilom if* pincietal f1w'.4, 1.10 ch-viii, elf wvv,,-,w. of I, " .,,# of so. #4&,tr .4,% a doo- pit W-4 for I%# p "we 6 by ft- M".w .4 km,-Y*i fee, and Cotm 4 mr "It,% - Th, pants", of "j, na., , ,Mh .I 16 her,10% -,do. onip III m4v,.,m m-k A per? sif fish k"#,v-.M at pho,.gh rho Ip� tat,, NOr "I lwfh hom,6 M" THIS 1100111CA011 SIM. WTTNIISM. Met the t#W Mit,"oliew Wrilso 40 Sit Ow ow Nwirivy qrw, lseseam, &-at. &4*% reenlist. f#L-tm. Co. .4, VA lo-w" Orissa Uill Astwitiorions, in foo 11 pl. fan," the 106.) d1#wft*4 " 44 which ow,gafew I@ - lo4r" and "t-mej ji4 its WL41 Slfvo% h*v )A- Coast". 34aft &I fiesel.1a, and owl romicaurfl, as. e W o t h -a S E o f 't h e S W -"B SEi.'�SectfA 15;%TOwnshTP`37 'South-, R a r 70i of t) East, -run thence'North .15C. feet 35 to mt�* tnt thence PC S, I to a pot -thence 'run South :150 m West 143.7 feet,' ni, ,��feet to a '_ po1nt,;*thenc'&_run East.:'143.7 of begInning*1 LK DA lesin't NO 1'48 be -1 kS3EJ r plitTment of lostengiltio CWII C tv� ta Two Citf-cism, , - :.M01IM1x WTTM ALL A" SINGULAR T)-( TfMVAIWT1, HT2011A)ACKYS A" APPLIVINAW111 .41 lin� ..d 1.44 4_4 ­4 In filnnn, Ii-is, -ilk it 1-14. -4 P-11M �­_" I- saw 1-, -4 .11 a., n� Ing, m9heing, trod/. toei�n ly,t-. .1,A(h .T Is. 1. . an _w F-a- rs"It 16.1 1.. or ad.t_P.1;J% firs9tv.11-9. %~.d w all ,.TO MAYIE AL-11, TO M= *4 41p- ss,�" p".,ee. ;Ih ft" "w)ksn-Ci",.% 6 IN O.P4. 1_�. The saw M-lilitinse )--,by "';i .9,." .41h the z -FIRITt T11,.4 rho It 4-40y tei-d .4 IN. -60� ­4 V-4 r4k# te "(1 -d no-" if,. to Ft. A.wliill" tiI if-* Wd p�s ... ..d d,Kk.,7.d a# M It" 'it 'I'M I'- f""'I Ow 1109-1% --­t" It- 6-d -b-is, .1 " -Mitil Of --it 1.*r -14 d.J" fl� 14- he 0. A.imN�­. "it- r.. I.-M tf,i- -d j­.dj of .11 p.,l" --tv so 0"(,tl I- 'rilt 1. 11,1441 I-J. I. IN. A.W1,rimi,% I% ..f -iii,en.61y Is. I.q.k.,lt s�d -ill per ­4 *4 .9,,,d 1. in. j.,d it Its, p..d lost #A Lwatli-ts of pw�,pai *�4 intwal tih-tots pw�p6y whitrw iyo, and ticcairailitj Isr ISO pa`n�on!I.alfld �f the .14 .0.. f(CONV4 _TA.1 r1i, AAOp7,7or -in P.y 11 "nove on if., b.. d.1sr el fs,_4, nd woon fhh ~9 "1 " ncitip, w 'Na _.y ~'d fh"'by btl-ir, del_q.�v jiy­4 of ..w I* .... ..... 6-tt. And (� �. 1h,11 b4 dtposit" woh IK* Ast"fmi, on " birtwe Al.-h ills a( vOh ­dwV see jw_j the term *4 this ~9soof and 11 0-st ,A-# z not Ir�ofly Ped he. 'k.. is. A ... twit. M,y (_ithswi silijig0to" sovis, "I pay Y� 1-it, or vwth.sw of �y la�viA "wcvtv thoroatil. w ewifk*ft sil"16,1 -Y 6" he-4o' " 1" tht -"-7- Or 'rf� 1-W FW- -hkk fSk issaill-irt lieCittlitt Ond I%Kh SOOr fnq�ni w irrionstirtw" to mojo ISail bqw htsir-il ft" fPw do(w ffwwof Or the faill of &.7hr jp� pee. THIR -i'N rho AA." Vor .0 kirris "it ­11 *-d �b_t4,6y 'h4 4-.4'N. -9.q. in.� be 't;;;VI,4 "fro- fit.* in lb- by I,, M-tpoet to.im, loss by ­d C-�wpV­41 foe gwh pO," and for. is less, them O�h A-4-ej a, -y be .mk,d by she Mor,toge, ,it to p4Y ve�vv;j* -i� d- i­cn,mt. of In.-iin,cii r.qvi-I by� 11%. hke�qoq,# " eirpt.iii- of asilt, It,, �tvv (or -P�h Via d ~a,vsr OW? be -Wers -d N s),.H be IK-b�t It. M_,9,1� is rri.h� [fain Owli addMiliI,41 It may 6* recril4fle I* ­,rf amd co­p4jr�u Jewith &R -4--ir fvi"Ats�m twfaln�vd In ­W pe4itits ft he e,,d that laij Aka,,9.9w it -1 a died be bv�' 9-0-1, ot -PP-4 0 d-49-1-d by ft. A%-tq.q.. and Al poilkkis, !" -.1, thereof shift Is, held by ds`1-;*l1-sJv--�oi-- by she ~9-7- -#,;.h - "t.or.4 by 11'. Ak-19.9- ­d .11 imrt-m A-WVgw Oncl M�Fjljvw fiviating 16 -4,%. 110 Is. In -if" iinol 'Sell be A P� .4 'his .0-in-I as Neil, " fhovgh 0.1 fwh �twlhi ?-in ..d 30.11 ISOV #�VIWI " .,I-. NO It.. I- ..V .1 ..W poigi.1 0( 'a,va, As, Poft irrr rtfond of retwi, liiinhirn - 1mid May be P041,10P w hr-141,14" 0-4. h.11 Imi 9hen Iss wlw it,- she ARssmq.g.#,: aiiiCin" 1pir P"V- iilfl.�d to �h polky 0,4 -PW-.d Each �-� 44 C--"# 0-if he- Ifl.td thereto 4 St.ndard Maietqsgiiiv� Cl-. ss�vf,,abhr to the Association, ­kkj 0 loft Of I*- V­w moth Vol" payot,44 so VIA A%w#,&qOq ft Is, interest mjj appo,;f. In tho intent A" �or j� of wria." b-". pOy.bie rhirl-dft be AAW19.9- here hinnt-Ifte opritri to f#rphmi jj VV47 the _ " ocf�f of rho h .. by "�­L a,, -hp P..Mf the M-I.Tw to and im. Pt. ot any Pon IK-04, -Ithint II-b'st ­;�" or 6�.J,6,9 6.r einilly, It" aw right %,ndw " lity', v"w .1 ishk III, -,." o4 I-i or ph"k&I d--7. 10 it. ~,9.9.d p,.p-" rho A4..,9.7_ shelf qj_ ,WIC. th_oal " ­jI fit It.' jAo,j-0 as and rhe ~gnsn, -I, .k. V-1 of I., If It. I- h nee --,I- js�psly by ohit M­,qq_,�hw "." .4 forftfir.w. of his in".go of offirri f'Ormf" vf IN6 to ft. rnortq.qd prow,ty in of the tnd.6 it .. hwirby. .14 right, IN4 end Intot.Ipt .4 rh AiII-fg.jaw In " is lintel Ine,,ro-io IliCklet It- in lo,,ts, lh-11 P-1- fir 'be P-th-11 - qleltoo-� Us- -W d-fiil fh­vvi. the A,-<f.#4- -y flinty -41how -kaig,110. On, )is 00". to 4.) p4-. hn.- - - ­h birildi", -4 rivy he and chi,,7. 9--h t,enm It p.W to rho and _h of'rv,clmey pold &69 Im-1 fre,,,s it. '1.,. .1 P.TrrIent f fl,' wis oil .41ftf per w- inn, -A.- #*VgTm- , - .11 imrtnii Monett, Pei or (me Ial 60 06W by rho vndw rho ?o­, Of fWj .,w I-.,. w"in,stly, peg-Adj fw.,&.d wi kliedlimmV &Wj a pq we triewwrinj by The Assoptialloe'le, mlev;vv of ow lv"*~04 670sio Als.4 he 0,4-4 ky rtw 11" 00 thho ~9090. Ow _Fli� It ow oloess, of inioney frisn"wit-OF IFY rh. Flish #A"*"* lietwim; .4 1! 2 V�� 0 04 11401141116"I'll ran Still P*P-M In Road 04 Ailoodeflatti _V vl-� rho'&;."tai rotials, 14 "w ww"99, 00 - m Incylose in -iiell of 0-twtlr,70t 11" M-4d4li few, " i of Ow Joist hereby bvm�rtel reho, fed". .1 a. A"nor so wntely -wh said osiniond 44 ft" At-sich doe , so ' w do" shall 44 fhk ff""V. and, N ose, PrIss 44 Ow Aiiodwsom, k-sedlently niol-v rho wrimine io-sml princloal met, homble killift MoSt.'10AW fmatkov Imefloviss-k-ov"' %*@" 00 ~Vol* onal *pp4r fee ow "Itself. of. be lm 11 tw .�_ If ____ � I-ncvrr% OnLrd D—SearchResults Page 1 of 2 H 0 M E Record Search GIS Map General Info Exemptions Tangible Tax F A Q Download Forms Contact Us Parcel ID: 2-15-37-35-OAOO-00009-0000 Owner & Propet Owner's Name Site Address Mailing Address Brief Legal ty Info �DIXON BENJAMIN 0, Okeechobee BOX 154 OKEECHOBEE, FL 349730154 UNPLATTED LANDS OF THE CITY BEG AT SE CDR OF W 1/4 OF SE IJ4 & BEG NW COR OF W 1/2 OF Use Desc. NON AG ACR (009900) (code) Neighborhood 310600.00 Tax 50 District UD Codes 0100 Market 31 Area Total Land Area 7.000 ACRES Property & Assessment Values I Mkt Land Value cnt- (1) $17,500.00 lAg Land Value cnt: (0), $0.00 Building Value cnt. (0) $0.00 XFOB Value cnt. (0) $0.00 Total Appraised $17,500.00 Value Okeechobee County Property Appraiser It Show GIS Map I Property Record Card U&% wlw%v� I-P hot-*, AL - - Aalwailvit) , lip << Prev 11 Of 0 JustValue Class Value Assessed Value Exempt Value Total Taxable Value Next >> $17,500.00 $0 00 $17,500.00 $0.00 $17,500.00 Sales History Sale Date I Book/Page I Inst. Type I Sale VImp I Sale Qual I Sale RCode I Sale Price N 0 N E Building Characteristics Bldg Item I Bldg Desc I Year Bit I Heated S.F. I Actual S.F. I Bldg Value I N 0 N E I Extra Features & Out Buildings Code I Desc I Year Bit I Value I Units I Dims Condition (% Good) I N 0 N E Land Breakdown nd Code Desc Units Adjustments Eff Rate Lnd Value 009900 1 AC NOWAG (MKT) 1 7.000 AC I 1 00/1 00/�50/.50 1 $2,500.00 1 $17,500.00 Okeechobee County Property Appraiser Last Updated* 02/09/20( 1 of 11 Next > > IL hftn //N"Anxi �nm4-,N/T) Q—A-112-11tr irn '211/'lAnA 0 71 7 RETE�. b, 17 19 _2A_ 21 22 23 24 '71 25. 27 6 28 29 I 31 3 2- 1.62 AC 17 26 21 222 23 24 25 2.64 PC 11 S. 06 Ac 10 2. 12 AC 5 4 3 2 1 VH , I I I 7 1 8 9 10! 11 121 STATE ROAD 70 3 Ac I 4 4,5 -46 �26 6 7 2 11 l2i 4 46 5 �F 46 1215 9 a 7 2 4 41 6 6 --14CI 2A, 9 8 7 �l 12�i 6 45 26 4--45 5 4 2 7 8 6 22 Okeechobee County Property A�, aiser - Map Printed on 3/2/2004 10:26:,, AM Page I of 1 J Cn cr Z Ju Lu W Z '2 < STATE ROAD 70 2-15-37-35-0A00-00009-0000 DIXON BENJAMIN — N Zb� FIF F11 UU Z STATE ROAD 70 1 ST STRFFT Okeechobee County Property Appraiser 0, 20,0 40,0 6,00 W C "Bill" Sherman. CFA - Okeechobee, Florida - 863-763-4422 PARCEL: 2-15-37-35-OAOO-00009-0000 - NON AG ACR (009900) UNPLATTED LANDS OF THE CITY BEG AT SE COR OF W 114 OF SE, 1/4 8, BEG NVV,,UR Ur VV IJ4 U, Name DIXON BENJAMIN LandVal $17,500.00 Site 0, Okeechobee BIdgVa1 $000 BOX 154 ApprVal $17,500.00 Mail: OKEECHOBEE, FL 349730154 JustVal $17,500.00 Sales Assd $17,50000 Info Exmpt $000 Taxable $17,500-00 This information, Last Updated" 02/09/2004, 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. IN% hff — T) To/ 0 —Sr 5-7-- 0 WWWOST N. 50.00' NOT INCLUDED 33a.59, 7.07 ACRES :L A n - — - — - — - — - — -kO - - — - — - — - STATE _ �A o. 70 - EAST NORTH PARK STREF 1141" POINT OF BEG*MNGJ z ----------- z L4 > < —1 P-RICi-Z-T.A—TO -.TE—CHO IFEEE > PI.AT 800� 2, PIE 71 z C C — - — - — - — - — - — - — - CC suveyeve RSPCT� and ftunds[TY BUTYSY 01 a PaVC69 01 gand 9yong On 'Secum Is, 70mneh6p 37 a., Range 39 E. 78006hasses HeTldoffln (Okeechobee coufl2y' Fowoda MY 01 (Okeechobee DESCRiPIION Z:thW=%'(Wl/2) 0/f"tho East hail (EI/2) of the ter (SWI ) of he rter (SEI/4) lying north of'Stite Road 14'�r(Foart Plerce Road). in Section 15. Township j7 south Range 35 East. 1089 the fc6owing: 2;"Qt .4tthe h.�.t th; h!! :7 Southeast quo �SEI/A) of mid Section 15. run North 594 fZE st 186.3 feet. South 594 feet wee 1862 -feet: to -the pairtt of Also 1000 the North 50 feet which is reserved for read purposes. SURVEYORS NOTES Subject to easements and restrictionts of record. Lands described h-mon not obstacted by this offine. Underground utilities and foundations, if *ry. am not shown. The description shown hereon was provided by the client and/or his1her agent. Not wild without the signature and the ongimi raised ..W of a Florida rocensed surveyor and m,=W. _7 M :Z--- .--- — The surveyor did not interview adjoining land owners for unrecorded deeds or emements. Elevations shown, if any. are based upon assumed datum. Lands shown �mon are located in Flood Z� C according to FIRM panel 0. 12CLI77 02008, doted 2�81: SURVEYORS CERTIFICATE I hembY certify that the attached sketch of survey of the hereon IrUm and WmCt to the best of my knowledge im. p,-=*;2.d in the f. direct supervision. u '..' t bject t the quoiffications Q:d Ar 1016"', d. PSM Florida Registration No. LS5081 LAST FIELD SURVE' DATE-- MARCH 26, 2004 FRIUMED FORB BEHiallom BOX(DH JAMES R. ALMQND,,E��M 2973 SW 31110 TERRACE OKEECHOKL FLORIDA 34974-2U4 TEL. 6T " E 67-5700 FAX: (863) 467-6121 aimorulOokeq,shobse.com PROXCT NUMBEFt Field 8ock FILE Data file 3850.RW5 SCALE I' . W Refer to Sta—t Me T S14EET Cofa�"GNT' 200, *—.d.t 1375 Jack* Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(&,att.net Staff Report - Small S.le Comprehensive Plan Amendment Preparedfor.- Applicant Owner: From: Pefifion No. Ae City of Okeechobee D.R Wilson Land Co. Mary Frances Dbcon. Single Family to Commercial 04-002-SSA Staff Report Small -Scale Comprehensive Plan Amendment I General Information Applicant: Applicant Address Applicant Phone Number: Owner: Owner Address: Applicant: D.R. Wilson Land Co. Petition No. 04-002-SSA D.R. Wilson Land Co. 410 SE 2 n" Avenue Okeechobee, FL 34974 863-763-0999 Mary Frances Dixon P.O. Box 154 Okeechobee, FL 34974 Future Land Use Map Single Family Commercial Classification Zoning District Holding & Heavy Heavy Commercial Commercial Use of Property Vacant Commercial Development Acreage 7.0 � 7.0 Location: North Side SR 70, across from Post Office. Legal Description: The West half (WI/2) of the East half (El/2) of the Southwest quarter (SWI/4) of the Southeast quarter (SE1/4) lying north of State Road No. 70, (Fort Pierce Road), in Section 15, Township 37 South, Range 35 East, less the following: Beginning at the Southwest comer of the East half (E 1 /2) of the Southwest quarter (SWI/4) of the Southeast quarter (SEI/4) of said Section 15, run North 594 feet, East 186.3 feet, South 594 feet, West 186.3 feet to the point of beginning. Also less the North 50 feet which is reserved for road purposes. I Request: The intent of this application is to amend the Future Land Use Map for a 7.0 acre parcel from Single Family land Use to Commercial. The intent of the applicant is to develop a large area of undeveloped land as a unified commercial center or village prototype. North: Future Land Use Map Classification: Single Family Zoning District: Holding Existing Land Use: Vacant East: Future Land Use Map Classification: Single Family & Commercial Zoning District: Holding Existing Land Use: Vacant [PAGE ) Staff Report Applicant: D.R. Wilson Land Co. Small -Scale Comprehensive Plan Amendment Petition No. 04-002-SSA South: Future Land Use Map Classification: Single Family & Commercial Zoning District: Holding & Heavy Commercial Existing Land Use: Vacant West: Future Land Use Map Classification: Single Family & Commercial Zoning District: Holding, Residential Mobile Home & Heavy Commercial Existing Land Use: Vacant The applicant's request, to change unplatted acreage from Single Family to Commercial Future Land Use, seems at first to be inconsistent with the current FLUM. However this acreage is one of the few remaining areas having not been platted into Single Family lots and still containing Southern access to an arterial. The location of the Industrial Park to the north assures that there will be some north/south roadway access points into this region. The City's inventory of vacant commercial land is presently extremely limited. If this request is combined with other contiguous areas it would be appropriate to reconsider the Future Land Use map change to Commercial. It is also important that transportation impacts be shown for these proposed areas, preferably combined rather than separate reports. I Comprehensive Plan Analysis I A. Consistency with the Land Use Categories and Plan Policies. The applicant's request is consistent with currently adopted Future Land Use Element policies and the use categories of the Comprehensive Plan. B. Concurrency of Adequate Public Facilities There is public water available near this property. Sewer is not currently available at this site. Some streets are not existing in this area. C. Compatibility with Adjacent and Nearby Land Uses The requested Plan Amendment can be consistent with nearby properties if they are also changed to Commercial Future Land Use. (PAGE ) Staff Report Small -Scale Comprehensive Plan Amendment Applicant: D.R. Wilson Land Co. Petition No. 04-002-SSA D. Compliance with Specific Standards of the Plan. See Below. I Analysis and Conclusions If infrastructure improvements are made and development is approved in a centralized manner, the applicant's request is consistent with the Comprehensive Plan. Maps or Diagrams Submitted by: James G. LaRue, AICP April 20, 2004 (PAGE I AGENDA IV. New Business. A. Comprehensive Plan, Future Land Use Map Amendment Application No 04-002- SSA. Consider a recommendation to the City Council, to change the land use designation from Single Family to Commercial. The subject property is located on the North side of State Road 70 East, across from the United States Post Office, parcel identification number being 2-15-37-35-OAOO-00009-0000. The property owner is Mary Francis Dixon, D. Robert Willson is acting as agent on behalf of the property owner - Exhibit 1. 0 April 27,2004 - Land Planning Agency - Page 2 of 6 ACTION - DISCUSSION - VOTE 11 Summary of Application: D Robert Willson filed a Comprehensive Plan Future Land Use Map Amendment Application on behalf of the property owner, Mary Francis Dixon. This property, combined with several contiguous properties, is requesting a change in the land use category, as well as the zoning district. If approved, this will create a large parcel of land that could be used for future commercial development. Jim LaRue, City Planning Consultant, briefly explained the Planning Staff Report to the Agency members. Planning Staff Report Summary: The applicant's request, to change unplatted acreage from Single Family to Commercial Future Land Use, seems at first to be inconsistent with the current FLUM. However this acreage is one of the few remaining areas having not been platted into Single Family lots and still containing Southern access to an arterial. The location of the Industrial Park to the north assures that there will be some north/south roadway access points into this region. The City's inventory of vacant commercial land is presently extremely limited. If this request is combined with other contiguous areas it would be appropriate to reconsider the Future Land Use Map change to Commercial. It is also important that transportation impacts be shown for these proposed areas, preferably combined rather than separate reports. Planning Staff Report Analysis: (A) Consistency with the Land Use Categories and Plan Policies. The applicant's request is consistent with currently adopted Future Land Use Element policies and the use categories of the Comprehensive Plan. (B) Concurrency of Adequate Public Facilities. There is public water available near this property Sewer is not currently available at this site. Some streets are not existing in this area. (C) Compatibility with Adjacent and Nearby Land Uses. The requested Plan Amendment can be consistent with nearby properties if they are also changed to Commercial Future Land Use. (D) Compliance with Specific Standards of the Plan. See Below. Planning Staff Report Recommendation: If infrastructure improvements are made and development is approved in a centralized manner, the applicant's request is consistent with the Comprehensive Plan. Mr LaRue requested that a traffic impact study be submitted to the City, prior to the application going to City Council, for all properties. He recommended that this be done as one study, not as individual studies for each parcel. He also distributed a copy of the Okeechobee Utility Authority sewer map for that area. AGENDA IV. New Business, continued. A. Comprehensive Plan, Future Land Use Map Amendment Application No 04-002- SSA, continued. B. Comprehensive Plan, Future Land Use Map Amendment Application No. 04-003- SSA. Consider a recommendation to the City Council, to change the land use designation from Single Family to Commercial. The subject property is located on the North side of State Road 70 East, across from the Urated States Post Office, parcel identification number being 2-15-37-35-OAOO-0001 1-0000. The property owners are Charles and Myma Farmer, D. Robert Willson is acting as agent on behalf of the property owner - Exhibit 2. April 27,2004 - Land Planning Agency - Page 3 of 6 ACTION - DISCUSSION - VOTE Mr Willson briefly described the petition and the proposed use of the property. He explained that the several contiguous properties will be combined to create a commercial development. Sewer is available in that area, however he is concerned with the available capacity There is a small drainage canal running along the north property line. Mr Willson feels that this will be a good buffer between the residential Future Land Use category to the North, and the proposed Commercial Use. Agency Member Ledferd questioned Attorney Cook whether the traffic impact study needed to be a stipulation in the motion. Attorney Cook answered that it was not necessary to include that stipulation in the motion, it would be addressed at a later time. There were further no comments from the Agency, and no public comments. Agency Member Ledferd motioned to recommend to the City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 04-002-SSA; seconded by Agency Member Keller VOTE HOOVER - YEA JONES - YEA KELLER - YEA LEDIFERD - YEA MAVROIDES - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED Summary of Application: D. Robert Willson filed a Comprehensive Plan Future Land Use Map Amendment Application on behalf of the property owners, Charles and Mvma Farmer. This property, combined with several contiguous proper -ties, is requesting a charge in the land use category, as well as the zoning district. If approved, this will create a large parcel of land that could be used for future commercial development. Jim LaRue, City Planning Consultant, briefly explained the Planning Staff Report to the Agency members,. ExHiBIT 2 — MAY 4,2004 AGENDA MEMORANDUM To: Mayor and Council From: Lane Gamiotea, City Clerk)' Subject: Ordinance No. 855/Future Land Use Map Amendment No. 04-003-SSA Date: April 28, 2004 This is the final public hearing regarding Ordinance No. 855 to consider approving Comp Plan Small Scale Future Land Use Map Amendment Application No. 04-003-SSA. The application was submitted by D.R. Wilson Land Company on behalf of the property owners, Charles and Myrna Farmer. The request is to change the land use on an unplatted parcel located North of North Park Street, East from Single Family to Commercial. 0 All fee's have been paid. 0 The ordinance was advertised in the Okeechobee News on April 23. 0 The Land Planning Agency voted unanimously to recommend approval (April 27, 2004 Meeting). 0 There is a Rezoning application in process for the property (No. 04-003-R). 0 Due to this being a small scale (less than 10 acres) amendment, it is not necessary to mail notices to the surrounding property owners, nor post a sign on the property. Please do not hesitate to contact me should you require any additional information regarding this application. Thank you. 0 ORDINANCE NO. 855 0 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; 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) for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, 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 Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part 11, 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 11, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of approximately 5.06 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 04-003-SSA, from Single Family to Commercial. The Legal Description of Subject Property is as follows: Page 1 of 2 All that part of the North 668.71 feet of the EY2of E1/2 of SWI/4 of SE% of section 15, Township 37 South, range 35, East, less and except the North 50 feet thereof. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 855 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the Wh day of _May, 2004. ATTEST: Lane Gamiotea, City Clerk ADOPTED after first reading on the 4' day of May, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 0 0 City of Okeechobee General Services Department 55 S.E. 3"' Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: -3Vacl k)q Petition No. 04-oO3-ss Fee Paid: 5Dn cy) Jurisdiction. LPA 1'0o, Ist Hearing: 2nd Hearing: Publication Dates: /q anct It hQ loci Notices Mailed: 11" Comprehensive Plan Map Amendment Application Please Check One: �-�m/all Scale Amendment (Under 10 Acres) — Large Scale Amendment (Over 10 Acres) rVA A P P L I C A N T V P R 0 P E R T Y Name of property owner(s): Cj,� t9A L V-� M %f WWA (--A,& M 04,, Owner mailing address: qje eW -4 0 91107 Name of applicant(s) if other than owner (state relationship): fj� Xt Vj;::L L 0,,j j (0. at Applicant mailing address: ,IIV igs�:7 k^v�� A-V'�7- oil. rt -�4 qr-�'j Name of contact person (state relationship): 'Z�� -j7? tj 9 -\tL,— (&) Cu\ -V - kP , VIL VVd - C _r r/ �j, 'I Contact person daytime phone(s): C-1 01 C7 Fax: - I ,I V �- Property address / directions to property: Parcel Identification Number: !;-- 3 u ov'i N - v v u o Size of the Property (in acres): A Current Zoning Designation: HoLd Current Future Land Use Designation: ")i nq�k Fam t I �j Existing Use of the Property: Proposed Future Land Use Designation: Proposed Use of the Property: Description of Surrounding Properties: ,V - V--frL- LA-0 v vii v- L 14r-� G- - viq- c- LA-,-4-N vJ - V,+- L L,15-� Legal Description of the Property (Lengthy Description May be Attached): ---- , -C n V I Required Attachments Survey of Property (I I" x 14", 20" Scale) Letter Outlining Request Notarized Letter of Owner's Authorization Application Fee (non-refundable) City Location Map 6/ 1 Confirmation of Information Accuracy 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 result in the summary denial of this application. ' hy Date Signature Printed Name 11MIN Page 2 of 2 0 I'— L -1 March 18, 2004 City of Okeechobee Planning Department: 1, Charles Farmer hereby give permission for D. Robert Willson of D.R. Willson Land Company permission to represent my interest in seeking a land use change on my property from Single Family to Commercial, as well as a zoning change from Hold to CHV. The property is identified as follows: 2-15-37-35-OAOO-0001 1-0000 +/-5.00 acres, old frame home '011111"4" Te sa r— Safletft �'t;�BYP& le, Date: �Z I ftptres ft 1% XN Bonded M�M Charles Farmer All,,Iic BonangaXam Teresa C. ft][Igift M*= FA 3% MS Date:, B=ded Um Farmer 00' Mantic BoncHnscm.2mr- State Of Florida, County Of Okeechobee Sworn to and -%�Uscribed before me this by Charles a�mor and Farmer who "AAV ry Sign ure W day of MArch, 2004 are personally know to me. my Con,4mis ion Expires March 29, 2004 City of Okeechobee Checklist for Rezoning and/or Land Use Owner: Farmer Property Tax ID #: 2-15-37-35-OAOO-000 I 1 -0000 Size: +/- 5 Acres Enclosed is an application for a land use change and a zoning change. This letter is to address items #2, #10 and #11 of the rezoning application, and item #2 of the land use change application. Zoning Change Application Comments: #2 The applicant is a local real estate broker assisting the owner with a zoning change application, The property is under contract for purchase. #10 The application is a request to chan e the zoning from Hold to CHV, subject to a 9 11� land use change from KIV to Conu-nercial which is being simultaneously applied for. The reason for the zoning change request is to help provide the necessary land available for upscale commercial development. At this time, within the City limits there is only minimal commercial land available for development. Of the land available, assemblage opportunities are limited, and if available, cost prohibitive. This change is requested to allow the City the opportunity to attract good quality commercial development that will be needed as Okeechobee grows. #11 At this time, the intend use will vary. The intent is to start the process of obtaining the necessary infrastructure associated with requirements of ail upscale commercial development. Land Use Change Application Comment: #2 This application has been presented to apply for a land use change from Residential Single Family to Commercial. The intent of this change request has been addressed above. Okeechobee County Property Ap scr - Map Printed on 3/2/2004 10:38.4 M i ii� Page 1 of I D COA -7, 2-15-37-35-OAOO-0001 1 -0000 FARMER CHARLES & MYRNA i Okeechobee County Property Appraiser 01 2510 5010 750 ft W.0 "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 PARCEL: 2-15-37-35-OAOO-0001 1 -0000 - SINGLE FAM (000100) UNPLATTED LANDS OF THE CITY ALL THAT PART OF N 668.71 FT, OF E 1/2 OF E 1/2 OF SW 1/4 Name: FARMER CHARLES & MYRNA LandVal $29,095.00 Site. 0, Okeechobee BldgVal $5,968.00 Mail: 1818 SOUTHWEST 28TH AVENUE ApprVal S35,494.00 OKEECHOBEE, FL 349745582 JustVal S35,494.00 Sales Assd S35,494.00 Info Exmpt $000 Taxable S35,494.00 This information, Last Updated: 02/09/2004, was derived from data which was compiled by the Okeechobee County Property App -iser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone asraa 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?pjbnlkplhgmecll)offfddhfacbdkkhhdoi)c... 3/2/2004 7 AC ?M1�0%,x1flm 7- AS) 2 1 AC �j 1".z lZIO, 21S3735OA00Q001!^Q00 5 0 6 � c 2 1 A AE T' CT T r 1 C E A D 4 6 4 1 2 t = . 2 li lt5373500_f,Ot00002Q 1153735'0040001000030 115a7 5004000110( 4 H 5355ON0001 000050 6 I 7 2 10 1-1 12 , 7=45NAC 9 V 7 2 537350030000500073 3 4 L-Li =D -- I u LkL-1 ::�l E 37350030000500100 6 11�3735003000120001( LA 9 A 7 if 3735OC30001200070 4 10 it 12 I 53735CO300012CO10 6 HIM 1 11 4 049011 gc�,s i el 'ITT It 10C, 10011 N E E 15 7HN3MM3 7 e N E I C 7 e 537350[13H� 9 N E I i 5j735003V 6 5 D—SearchResults H 0 M E Record Search GIS Map General Info Exemptions Tangible Tax F A Q Download Forms Contact Us 0 0 Page I of 2 Parcel ID: 2-15-37-35-OAOO-00011-0000 Okeechobee County Property Appraiser 4 Owner & Property Info Owner's Name FARMER CHARLES & I MYRNA I Site Address 10, Okeechobee 1818 SOUTHWEST Mailing 28TH AVENUE Address OKEECHOBEE, FL 349745582 UNPLATTED LANDS OF THE CITY ALL THAT Brief Legal PART OF N 668.71 FT OF E 1/2 OF E 1/2 OF SW 1/4 Use Desc. SINGLE FAM (000100) (code) Neighborhood 310600 00 Tax so District UD Codes 0100 Market 31 Area Total Land 5.060 ACRES Area Property & Assessment Values Show GIS Map I Property Record Card Phatp AU ill-ble I"-% If 44 W << Prev 11 Of 0 Mkt Land Value cnt: (1) $29,095.00 Just Value Ag Land Value cnt: (0) $0.00 Class Value Building Value cnt: (1) $5,968.00 Assessed XFOB Value cnt: (2) $431.00 Value Total Exempt Value Appraised $35,494.00 Total Taxable Value Value Next >> $35,494.00 $0.00 $35,494.00 $0.00 $35,494.00 Sales History Sale Date I Book/Page I inst. Type I sale vimp I Sale Qual I Sale RCode I Sale Price I N 0 N E Building Characteristics Bldg Item Bldg Desc Year Bit Heated S.F. Actual S.F. Bldg Value 1 1 SINGLE FAM (000100) 1 19 1 62 1 624 1 T.5.968.00 Extra Features & Out Buildings Code )eS Year Bit Value Units Dims D FIRE 1 ISTORYICE F 1940 $367.00 1.000 0 x 0 X 0 PD (30.00) ODT OPN DRT TN 1940 $64.00 12.000 0 1 Condition(% Good) I 1 1 3 26 x 12 x PD (10.00) Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 000100 1 SFR (MKT) 5.060 AC 1 1.00/1.00/.50/1.00 $5,750.00 $29,095.00 Okeechobee County Property Appraiser Last Updated: 02/09/2004 1 of 6 Next >> http://Nv,,vw.okeechobeepa.com/GIS/D—SearchResults.asp 3/2/2004 hcr L D8 June A D. 09 71 &P lgar6l!j Dt*td'. Pr,%4 140. LE APITTI SHE IN& . IrldlivIdus"g sj!M4'MTrustqe,' Idoned 'by V -C. e A 11 h US, arid' R03ACROK I a d A Ivid uall* MA t 0: 0 11. a wl' AN, IT c ALE.S. atic! "V Okeedhobstli.-Ilorlda M72-: 41, 'W M6-Al- ftm-14F"h, 0 wi "v 1 "Immo to, -love OW hit OW tww" fwj iffew Ob'Oketichatoe All thMVF4rt of thiii North 668.72 feet of the Ejjof Ej of-Vt at SSE -of joction 24, lownhil 37 South# Range.,: 35 ftmt,� UR AND UCEPT the North 51 feet., thqr Fr. q p c TF to -v- Toot of SOON Off. 6 be'soop4tirm ektimmw pwJ dsll'sQ W611 cwAoop hp ivill ad t 140 polo (a. Iski W W 4�4111 Ifirva 14 #&-* 4"t v all is* twi.sa Ow sW ka itfin of *9 eft�m� &wio sawo *6= J.. 4. F, q,: 3i ha rl "4, ftoplh)k OtCRY-CISLIPT ASO swo 66""Id ow, to A# C—hf, Up"M 60 1.0 —111w, p."Pp awimi�, LEE A111TA. S HERMAK V w 9 lit, thdIvidual4 and me, Trustev6 881vEd' Oj be h b r4.- and- it 3 F 04. Ail till cl� '4'e1yh21,dq41,11j3tcc, joined they L-L C IR -d.isl 41w colov, *J it. June 72� 'w u 'Arn 31 TOWW. CqN(LY III j.,6" Art 31. nil 0 E �q or PART OF TM S)^V x ssrWO5^W 33640' - - - w7,W r-,- r.,, A`n V , _,-. = � 1� 5,1"w " 33&:�r SOW NE 5TH STREET x �RRIVERSME PIRK P T r 23 FLORIDA --q— _7= z NE 4TH STREET M T -I- T M z RIVERSIDE PARK T BOOK 23 ;;�,CHOBE� C FLORIDA x IE : L NE 3RD STREET 111. 121 1 RNERWE PARK P4T 800K 1. P4GE 23 O�U�ZPEJE C9UNTY 1 DA �,A� !2!N CC suveywo RSPQIT� and B@Mdwy SuTivey 01 a pavc8o CV Oand �Yong On sacqoon W, 7owneW 37 8.9 Hangs 35 E. NOTWen Okeechobee CCUMY, RoToda CRY W Okeechobee DESCRIPTION ALL TK4.T-,OAFX OF THE zNORTH 66&71 FEE; -OF THC---- E 1/2 OF E 1/2 OF SW 1/4 OF SE 1/4 OF SE�-Y[ON 15, TOwNSWP 37 SOLITH, RANGE 35 EAST. LESS AND mEn, THE NORTH 50 FEET THEREOF. SURVEYORS NOTES Subject to eassonnents and nistrictions of record. Lands described hereon not abstactod by thin office. Underground UtNtU@3 and foundation*. If any. are not shown. The description shown horwan was provided by the client andlw his/her agiont. Not Valid without the signature and the Original mined Pool of a Florida licensed surveyor and mapper. The surveyor did not intervift adjoining land ownerot for unrecorded doods or easeir.ents. _t�034d_uP0q_C=Purnsd,dcturn. Lands shown hereon are located In Flood Zons C, according to FIRM panel no. 120177 a2008, dated 2-81. SURVEYORS CERTIFICATE I hereby certify that the GtWc.4od sketch of survey, of the hereon described iomporty in true Cril correct to the f rny knowledge and belief �*Wveyvdl * M d d = the of W Of MY � WJA supervision. 5ut, 0 1 no no e7 I t: 1 heroom ond, PSIA Prefessionat Survoyar—mooper Florida Registration No' LS5061 LAST FIELD SURM DAM wc4 26, 2DOA PREPARED FOR: CHARLES & MYRNA FARMER JAMES R. ALMOND. PSM SW —573 MD "CZ _ 9 T TE . OKEECH.-ISE FLO 1 974-2684 EL- .7-57 - FAX: 863) 467 d I —6121 PROJECT NUIABIER rsid Bank FU Date M* 3N7. RW5 smErT SCALE Rot- to Starr,.t m i (5 J LE c C ym. of OPYMGMT. 200* dik.e.dot 1375 Jackso&reet, Suite 206 Fort Myers, Mrida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a-),att.net ^In Staff Report -Small S.le Comprehensive Plan Amendment Preparedfor: Ae Qv of0keechobee Applicant D. R Wilson Land Co. Owner: Charles & Allyma Farmer From: Single Family to Commercial Pefifion No. 04-003-SSA Staff Report Small -Scale Comprehensive Plan Amendment Applicant: Applicant Address: Applicant Phone Number: Owner: Owner Address: Future Land Use Map Classification Zoning District Use of Property I Acreage Applicant: Charles & Myrna Farmer Petition No. 04-003-SSA D.R. Wilson Land Co. 410 SE 2"' Avenue Okeechobee, FL 34974 863-763-0999 Charles & Myrna Farmer 1818 SW 18"' Avenue Okeechobee, FL 34974 Single Family Holding Vacant with old Single Family frame home 5.06 Commercial Heavy Commercial Commercial Development 5.06 Legal Description: All that part of the North 668.71 feet of the EI/2of EY2 of SW'/4 of SEI/4of section 15, Township 37 South, range 35, East, less and except the North 50 feet thereof. Request: The intent of this application is to amend the Future Land Use Map for a 5.06 acre parcel from Single Family Land Use to Commercial. The intent of the applicant is to develop a large area of developed land as a unified commercial center or village prototype. This parcel is a part of this unified concept. wiromrs M-I 42114 I&IF-708110-3ill 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 Holding Vacant Unincorporated Unincorporated Vacant I Commercial Holding Commercial Land Single Family Holding Vacant [PAGE } Staff Report 0 Applican%harles & Myrna Farmer Small -Scale Comprehensive Plan Amendment Petition No. 04-003-SSA The applicant's request, to change unplatted acreage from Single Family to Commercial Future Land Use, seems at first to be inconsistent with the current FLUM. However, this acreage is one of the few remaining areas having not been platted into Single Family lots and still containing Southern access to an arterial. The location of the Industrial Park to the north assures that there will be some north/south roadway access points into this region. The City's inventory of vacant commercial land is presently extremely limited. If this request is combined with other contiguous areas it would be appropriate to reconsider the Future Land Use map change to Commercial. It is also important that transportation impacts be shown for these proposed areas, preferably combined rather than separate reports. I Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. The applicant's request is consistent with currently adopted Future Land Use Element policies and the use categories of the Comprehensive Plan. B. Concurrency of Adequate Public Facilities There is public water available near this property. Sewer is not currently available at this site. Some streets are not existing in this area. C. Compatibility with Adjacent and Nearby Land Uses The requested Plan Amendment can be consistent with nearby properties if they are also changed to Commercial Future Land Use. D. Compliance with Specific Standards of the Plan. See Below. If infrastructure improvements are made and development is approved in a centralized manner, the applicant's request is consistent with the Comprehensive Plan. Maps or Diagrams Submitted by: James G. LaRue, AICP April 20, 2004 (PAGE I IV. New Business, continued. 0 0 AGENDA A. Comprehensive Plan, Future LandUse Map Amendment Application No. 04-002- SSA, continued. B. Comprehensive Plan, Future Land Use Map Amendment Application No 04-003- SSA. Consider a recommendation to the City Council, to change the land use designation from Single Family to Commercial. The subject property is located on the North side of State Road 70 East, across from the United States Post Office, parcel identification number being 2-15-37-35-OAOO-0001 1-0000. The property owners are Charles and Myrna Farmer, D Robert Willson is acting as agent on behalf of the property owner - Exhibit 2. April 27,2004 - Land Planning Agency - Page 3 of 6 ACTION - DISCUSSION - VOTE Mr Willson briefly described the petition and the proposed use of the property. He explained that the several contiguous properties will be combined to create a commercial development. Sewer is available in that area, however he is concerned with the available capacity. There is a small drainage canal running along the north property line. Mr Willson feels that this will be a good buffer between the residential Future Land Use category to the North, and the proposed Commercial Use. Agency Member Ledferd questioned Attorney Cook whether the traffic impact study needed to be a stipulation in the motion. Attorney Cook answered that it was not necessary to include that stipulation in the motion, it would be addressed at a later time. There were further no comments from the Agency, and no public comments. Agency Member Ledferd motioned to recommend to the City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No 04-002-SSA; seconded by Agency Member Keller. VOTE HOOVER - YEA JONES - YEA KELLER - YEA LEDIFERD - YEA MAVROIDES - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. Summary of Application: D Robert Willson filed a Comprehensive Plan Future Land Use Map Amendment Application on behalf of the property owners, Charles and Myrna Farmer. This property, combined with several contiguous properties, is requesting a change in the land use category, as well as the zoning district. If approved, this will create a large parcel of land that could be used for future commercial development. Jim LaRue, City Planning Consultant, briefly explained the Planning Staff Report to the Agency members�. AGENDA IV. New Business, continued. B. Comprehensive Plan, Future Land Use Map Amendment Application No. 04-003- SSA, continued. April 27,2004 - Land Planning Agency - Page 4 of 6 ACTION - DISCUSSION - VOTE Planning Staff Report Summary: The applicant's request, to change unplatted acreage from Single Family to Commercial Future Land Use, seems at first to be inconsistent with the current FLUM. However this acreage is one of the few remaining areas having not been platted into Single Family lots and still containing Southern access to an arterial. The location of the Industrial Park to the north assures that there will be some north/south roadway access points into this region. The City's inventory of vacant commercial land is presently extremely limited. If this request is combined with other contiguous areas it would be appropriate to reconsider the Future Land Use Map change to Commercial. It is also important that transportation impacts be shown for these proposed areas, preferably combined rather than separate reports. Planning Staff Report Analysis: (A) Consistency with the Land Use Categories and Plan Policies. The applicant's request is consistent with currently adopted Future Land Use Element policies and the use categories of the Comprehensive Plan. (B) Concurrency of Adequate Public Facilities. There is public water available near this property Sewer is not currently available at this site. Some streets are not existing in this area. (C) Compatibility with Adjacent and Nearby Land Uses. The requested Plan Amendment can be consistent with nearby properties if they are also changed to Commercial Future Land Use. (D) Compliance with Specific Standards of the Plan. See Belo-w Planning Staff Report Recommendation: If infrastructure improvements are made and development is approved in a centralized manner, the applicant's request is consistent with the Comprehensive Plan. There were no comments from the Agency, and no public comments. Agency Member Ledferd motioned to recommend to the City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No 04-003-SSA, seconded by Agency Member Hoover. IV. New Business, continued. 0 AGENDA B. Comprehensive Plan, Future Land Use Map Amendment Application No 04-003- SSA, continued. C. LDR Amendment. Consider a recommendation to the City Council to amend Chapter 90 of the Land Development Regulations specifically regarding Central Business District zoning regulations, Section 90-311 - Exhibit 3 April 27, 2004 - Land Planning Agency - Page 5 of 6 ACTION - DISCUSSION - VOTE VOTE HOOVER -YEA JONES - YEA KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. Attorney Cook briefly described that the purpose of Commercial Central Business District (CBD) is primarily for the downtown area; storefronts built on the property line, on street parking, no drainage, etc. Attorney Cook explained that the intent of the LDR Amendment is to set more specific guidelines regarding the criteria and requirements that property owners would have to meet when building a new structure or enlarging an existing structure within the CBD district. The proposed Amendment would require that property owners comply with the City's parking. drainage, impervious and pervious surface requirements to the greatest extent possible when creating, changing, or enlarging a building within the CBD zoning district. There were no comments from the Agency, and no public comments. Agency Member Ledferd motioned to recommend to the City Council to approve the Land Development Regulation Amendment of Chapter 90, Section 90-311, seconded by Agency Member Keller. VOTE HOOVER -YEA JONES - YEA KELLER - YEA LEDIFERD - YEA MAVROIDES - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. EXHIBIT 3 — MAY 4,2004 AGENDA ORDINANCE NO. 856 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 HOLDING (H) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY9 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, the owner of the property more particularly described hereafter, has heretofore filed a petition (Petition No. 04-001-R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 7.0 acre(s) from Holding (H) Zoning District to Heavy Commercial (CHV) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council 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, 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. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: The West half (W1/2) of the East half (El/2) of the Southwest quarter (SW1/4) of the Southeast quarter (SE1/4) lying north of State Road No. 70. (Fort Pierce Road), in Section 15, Township 37 South, Range 35 East, less the following: Beginning at the Southwest corner of the East half (El/2) of the Southwest quarter (SW1/4) of the Southeast quarter (SE1/4) of said Section 15, run North 594 feet, East 186.3 feet, South 594 feet, West 186.3 feet to the point of beginning. Also less the North 50 feet which is reserved for road purposes. 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 Holding (H) Page 1 of 2 0 0 Zoning District to Heavy Commercial (CHV) Zoning District. SECTION I 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 fh of May, 2004. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 18th day of May, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 0 " City -of Okeechobee Date: 3 o4 Petition No. 014- 001-(Z General Services Department Fee Paid: Jurisdiction. 1P C. 55 S.E. 3r'Avenue Room 101 P.;.CUL S-k-C%4 CC - I st Heari ng: LA I k C)t�, 2nd licaring: Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Publication Dates: Fax: (863) 763-1686 Notices Mailed: 4 Uniform Land Use Application Rezone - Special Exception - Variance Name of property owner(s)- -2 ­�Ii 17 X r I" F, _tr A) A Owner mailing address: 120)c IS-.9-. , F-L S�4 I 7,:S PP Name of applicant(s) if other than owner (state relationship) W,.:A_V9cW 9a0/,(CVL L I Applicant mailing address: I 10 gL 4 Vr / ale, 11�_t 9 47 11V Name of contact person (state relationship). A i_2_Pw9LN-Lr J) v2 ww30-v G�--j 11�k -,19:,Z94 N 4Z T Contact person daytime phone(s): 7-b'3- 01)113 ci7 Fax. '763— 1 1 Property address / directions to property: k�7 t; tl --f 0. A- C v'L oi[S- i--vtVVV) PL,,rj-- iv:i=Lr6- Indicate current use of property: V 4 ( Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): AJ C) Al %z�- Approximate nurriber of acres: Is property in a platted subdivision? VD I? Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe- R Ad 0 0 Eave there been any land use applications conceming all oi- part of this property in the last year? If so, indicate date, P rature and applicant's name: 'm L-) E R Is a sale subject to this application being granted? T y Is the subject parcel your total holdings at that location? If not, describe the remainina, or intended uses: A-(- rwAtr A4W6 6-ji-Twf V%O A-Lv4VV1 Describe adjoining land uses / improvements to the North: Vf Cf,&4- 4­(Wi\"V_ 6 South: !�jt_-ft) i- J9V,-J— OF.Fcu Ls- East: CQ-MV&1 LA-0) - VA f- West: Vh-( Pr- C', Existing zoning: Future Land Use classification. Actions Requested: �-Rezone Special Exception Variance CYV Farcel Identification Number: 'Z- 0 000 q - 00 Q 0 Confirmation of Information Accuracy 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 ma be punishable by a fine of up to y $500.00 and imprisonment of up to 30 days and rnay result in the summary denial of this application. F)/T IAN—, /_�) Q1aeu-Ar- ­,�;,h Signalu"re Printed Name Dale ' e 16 Current zonin- classification: Requested zoning classification C' y\ 4� \A ON A R What is your desired permitted use under the proposed classification: E Z %,—VT--- o N If granted, will the new zone be contiguous with a like zone? E I q �C Is a Special Exception necessary for your intended use? Variance? 'U 0 7- 'o-'r T7ta 'kMT- A-T- I-PCX —iN1vNV'— Describe the Special Exception sought: S P E C Provide specific LDR ordinance citation: I A L Are there other similar uses in the area? Is so, describe: E X C E Why would granting your request be in the best interest of the area and residents? P T I If business, briefly describe nature including number of employees, hours, noise generation and activities to be 0 conducted outside of a building: N I Describe Variance sought: V A R Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so, describe- E I 1 11 What is the minimum variance necessary? Uniform Land Use Application (rev 1/03) Page 2 of 2 5K "V 0 In;lm rvz 4 --AF.—.TX7;;7W7. * —4* . . . . . . . . . . OVLlvl o! i4 NZ: 10 Lt. --4 4" 4 'T 771 Rill i $MW RIW ZIN �-�l 1&4- 4 - :10 10 5�k 21 Now), 'A W-11, 41 lz� " l't jo -1�4 D—SearchResults Page 1 of 2 H 0 M E Record Search GIS Map General Info Exemptions Tangible Tax FAQ Download Forms Contact Us Parcel ID: 2-15-37-35-OAOO-OOOC Owner & Property Info Owner's Name DIXON BENJAMIN Site Address 0, Okeechobee Mailing BOX 154 Address OKEECHOBEE, FL 349730154 UNPLATTED LANDS OF THE CITY BEG AT SE Brief Legal COR OF W 1/4 OF SE 1/4 & BEG NW COR OF W 1/2 OF Use Desc. NON AG ACR (009900) (code) Neighborhood 310600.00 Tax 50 District Market 9-0000 Okeechobee County Property Appraiser Show. GIS Map I Property Record Card << Prev 11 Of 0 Next >> UD Codes 0100 Area 31 Total Land 7.000 ACRES Area Property & Assessment Values Mkt Land Value cnt: (1) $17,500.00 Just Value $17,500.00 Ag Land Value cnt: (0) $0.00 Class Value $0.0c Building Value cnt: (0) $0.00 Assessed $17,500.00 XFOB Value cnt: (0) $0.00 Value Total Exempt Value $0.0c Appraised $17,500.00 Total Taxable $17,500.00 Value Value Sales History Sale Date I Book/Page I inst. Type I sale VImp I Sale Qual Sale RCode Sale Price I N 0 N E Building Characteristics Bldg Item I Bldg Desc I Year Bit I Heated S.F. I Actual S.F. I Bldg Value N 0 N E I Extra Features & Out Buildings Code I Desc I Year Bit I Value I units I Dims Condition (% Good) I N 0 N E Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 009900 1 AC NON -AG (MKT) 1 7.000 AC 1 1.00/1.00/.50/.50 $2,500.00 $17,500.00 Okeechobee County Property Appraiser Last Updated: 02/09/20( I of 11 Ne)& http://www.okeechobeepa.com/GIS/D—SearchResults. asp 3/2/2004 Okeechobee County Property �,Apoer - Map Printed on 3/2/2004 10:26:46M Page I of I El 2-15-37-35-OAOO-00009-000( DIXON BENJAMIN ... STATE ROAD 70 1 1 STATE ROAD 70 -1 -STRFFT . ST !7ME Okeechobee County Property Appraiser 01 2010 4010 6100 ft W C "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 W- PARCEL: 2-15-37-35-OAOO-00009-0000 - NON AG ACR (009900) UNPLATTED LANDS OF THE CITY BEG AT SE COR OF W 114 OF SE, 114 & BEG NW COR OF W 1/2 OF Name: DIXON BENJAMIN LandVa( $17,500.00 Site. 0, Okeechobee BldgVal $0.00 71 BOX 154 ApprVal $17,500.00 Mail: OKEECHOBEE, FL 349730154 Justval $17,500.00 Sales Assd $17,500.00 Info Exmpt $0.00 Taxable $17,50o.00 This information, Last Updated. 02/0912004, was derived from data which was compiled by the Okeechobee County Property Appraisers 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 Appraisers office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http://www.okeechobeel)a.com/GIS/Print Mat). asD?D 1 bnlkn 1him ec I no fffdti h fh rhctk1chhCi nnr 'A/?/,)()nA- 17 1�t 9 1112 TO� 1 722T23 24 25 7 13 14 l�5 1 RETEN 19 1 20 2� 24 - 29 32 34 33 -� 8A 1.82 AC 13 k 4 46-----4E- 26---j- !g 8 7 2 4 ,10 11 112, it 46 lie 6 S. 06 AC --r 9 8 7 2 4 �?10 11 121 5 i 9 8 7 2 2.12 AC 4 11,10 11 12� 5 46 6 1 ADDITION 5 4 2 3 2 1 1 1 1 � P! jj'�6 3 to: 11 12� lx7 8 9 10 it STATE ROAD 70 22 AC: 2.64 AC 5A 2 AC 2' 1375 Jacksoreeet, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(&att.net Staff Report Rezoning Request Preparedfor.- Applicant Owner: From: Pefifion No. The City of Okeechobee D. R. Wilson Land Co. Mary Frances Dixon Holding to Heavy Commercial 04-001-R Staff Report Rezoning Request General Information Applicant: Applicant Address: Applicant Phone Number: Owner: Owner Address: Future Land Use Map Classification Zoning District Applicant: D. R. Wilson Land Co. Petition No. 04-001-R D.R. Wilson Land Co. 410 SE 2" Avenue Okeechobee, FL 34974 863-763-0999 Mary Frances Dixon P.O. Box 154 Okeechobee, FL 34974 Single Family Holding & Heavy Commercial Commercial Heavy Commercial Use of Property Vacant Commercial Development Acreage 7.0 7.0 Access Location: North Side of SR 70, across from Post Office. Legal Description: The West half (WI/2) of the East half (EI/2) of the Southwest quarter (SW 1/4) of the Southeast quarter (SE 1/4) lying north of State Road No. 70. (Fort Pierce Road), in Section 15, Township 37 South, Range 35 East, less the following: Beginning at the Southwest comer of the East half (E 1 /2) of the Southwest quarter (SWI/4) of the Southeast quarter (SEI/4) of said Section 15, run North 594 feet, East 186.3 feet, South 594 feet, West 186.3 feet to the point of beginning. Also less the North 50 feet which is reserved for road purposes I Request: I The applicant requests a change of zoning from the City's "Holding" classification district to Heavy Commercial. There is ajoint application to change the Future Land Use Z:I from Single Family. N Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Single Family Zoning District: Holding Existing Land Use: Vacant {PAGE ) 0 0 Staff Report Rezoning Request East: South: West: Applicant: D. R. Wilson Land Co. Petition No. 04-001-R Future Land Use Map Classification: Single Family & Commercial Zoning District: Holding Existing Land Use: Vacant Single Family & Commercial Holding & Heavy Commercial Vacant Single Family & Commercial Holding, Residential Mobile Home & Heavy Commercial I hxisting Lana use: Vacant Summary: This particular parcel is a part of a unified effort to change a large area of vacant land to Commercial. If development is unified and infrastructure improvements are made, the zoning change would be appropriate. Analysis Future Land Use Map Classification: Zoning District: Existing Land Use: Future Land Use Map Classification: Zoning District: 1. The proposed use is not contrary to Comprehensive Plan requirements. If the Future Land Use is changed to Commercial the zoning is consistent with the Comprehensive Plan. 2. The proposed use being appliedfor is specifically authorized under the zoning district in the Land Development Regulations. This zoning District allows a variety of uses, including restaurants. 3. The proposed use will not have an adverse effect on the public interest. If surrounding property changes or is included as Commercial the impact on the public is minimal. 4. The zoning is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The zoning is reasonably compatible. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The zoning will not adversely affect property values. (PAGE I Staff Report Rezoning Request Applicant: D. R. Wilson Land Co. Petition No. 04-001-R 6. The proposed zoning can be suitably bufferedftom surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood If necessary, uses for this zoning can be buffered. 7. The proposed zoning will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Non applicable for density. Infrastructure improvements will have to be made. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. This will have to be addressed. 9. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public we�fare. No special privilege will be granted. I Summary and Conclusions Prior to Certification The proposed zoning, consistent with the above comments, is consistent with Commercial Future Land Use. Recommendation Staff recommends approval of the request to allow rezoning from Holding to Heavy Commercial. Submitted by: James G. LaRue, AICP Planning Consultant April 20, 2004 {PAGE I AGENDA IV. NEW BUSINESS. A. Rezoning Petition No 04-001-R. Consider a recommendation to the City Council to rezone the property located on the North side of State Road 70 East, across from the United States Post Office from Holding (H) to Heavy Commer- cial (CHV), parcel identification number being 2-15-37-35-OAOO-00009-0000. Mary Francis Dixon is the property owner, D Robert Willson is acting as agent on behalf of the property owner - Exhibit 1. 0 April 27,2004 - Planning Board - Page 2 of 7 ACTION - DISCUSSION - VOTE Summary of Application: D. Robert Willson filed a Rezoning Application on behalf of the property owner, Mary Francis Dixon. This property, combined with several contiguous properties, is requesting a change in the zoning district, as well as the Future Land Use Category. If approved. this will create a large parcel of land that could be used for future commercial development. Jim LaRue, City Planning Consultant, briefly explained the Planning Report to the Board Members. Planning Staff Report Summary: This particular parcel is a part of a unified effort to change a large area of vacant land to Commercial. If development is unified and infrastructure improve- ments are made, the zoning change would be appropriate. Planning Staff Report Analysis: (1) The proposed use is not contrary to Comprehensive Plan Requirements. If the Future Land Use is changed to Commercial the zoning is consistent with the Comprehensive Plan. (2) The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. This zoning District allows a variety ofuses. including restaurants. (3) If surrounding property changes or is included as Commercial the impact on the public is minimal. (4) The zoning is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The zoning is reasonably compatible. (5) The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The zoning will not adversely affect the property values. (6) The proposed zoning can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. If necessary, uses for this zoning can be buffered. (7) The proposed zoning will not create a density patter that would overburden public facilities such as schools.. streets, and utility services. Non applicable for density. Infrastructure improvements will have to be made. (8) The propose use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety This will have to be addressed. (9) The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No special privilege will be granted. Planning Staff Report Summary and Conclusion Prior to Certification: The proposed zoning. consistent with the above comments, is consistent with Commercial Future Land Use. AGENDA IV. NEW BUSINESS, CONTINUED. A. Rezoning Petition No. 04-001 -R. continued. B. Rezoning Petition No 04-002-R. Consider a recommendation to the City Council to rezone the property located on the North side of State Road 70 East, across from the United States Post Office, from Holding (H) to Heavy Commer- cial (CHV), parcel identification numbers being 2-15-37-35-OAOO-00010-0000, 3-15-37-35-0210-00010-0040, and 3-15-37-35-0210-00010-0010. JamesCrowe and Charles Farmer are the property owners, D. Robert Willson is acting as agent on behalf of the property owner - Exhibit 2. April 27,2004 -Planning Board -Page 3 of 7 ACTION - DISCUSSION - VOTE 11 Planning Staff Report Recommendation: Staff recommends approval of the request to allow .-ezoning from Holding to Heavy Commercial. rhere was no public comment. There was no discussion from the Board. Board Member Ledferd made a motion to recommend to City Council to approve Rezoning Petition No. 04-001 -R, based on Planning Staff s recommendations; seconded by Board Member Hoover. VOTE HOOVER -YEA JONES - YEA KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. Summary of Application: D. Robert Willson filed a Rezoning Application on behalf of the property owners, James Crowe and Charles Farmer. This property is requesting a change in the zoning district, it is combined with several contiguous properties that are requesting Future Land Use Map Amendments and rezonings. If approved, this will create a large parcel of land that could be used for future commercial development. Jim LaRue, City Planning Consultant, briefly explained the Planning Report to the Board Members. Planning Staff Report Summary: The application is a request to change the zoning from Holding to Heavy Commercial. The subject already has a Future Land Use designation of Commercia�. This request is consistent with the current Future Land Use designation of Commercial for this property. 0 - 0- March 29, 2004 City of Okeechobee Checklist for Rezoning and/or Land Use Owner: Dixon Property Tax ID 2-15-37-35-OAOO-00009-0000 Size: +/- 7 Acres Enclosed is an application for a land use change and a zoning change. This letter is to address items #2, #10 and #I I of the rezoning application, and item #2 of the land use change application. Zoning Change Application Comments: 92 The applicant is a local real estate broker assisting the owner with a zoning change application. The property is under contract for purchase. #10 The application is a request to change the zoning from Hold to CHV, subject to a land use change from Hold to Commercial which is being simultaneously applied for. The reason for the zoning change request is to help provide the necessary land available for upscale commercial development. At this time, within the City limits there is only minimal commercial land available for development. Of the land available, assemblage opportunities are limited, and if available, cost prohibitive. This change is requested to allow the City the opportunity to attract good quality commercial development that will be needed as Okeechobee grows. #11 At this time, the intend use will vary. The intent is to start the process of obtaining the necessary infrastructure associated with requirements of an upscale commercial development. Land Use Change Application Comment: #2 This application has been presented to apply for a land use change from Residential Single Family to Commercial. The intent of this change request has been addressed above. �v it'll -I�TTr"7�*;�,,A'Y!!WIF7z,��"Z,�19-1�rA�-7"5.'�,--'t,- �"71, ; ',-; �, ;;4 few MU IN TM N A W. M. t� r.-P-f ItItAN" Otto "111161 R, C. 4,,,, j r r 4� PAU r -1V F M Indtntart, 31,de 11ifs tvtcn11-,y-ci,rhtY.av of Fobruary- A. 1). V 53 Idwaft j il jIn 7, 1,.flly nPj tilolij4�. K^e I ly husband a n (1, i%, i f'n /IF Calinly of cl �) r � (I and Mule of Vl.orida parlicn of the first port, arid F�,anll,Iin -lixon, ',"r. , rind ,jry c 0 jidinsr mailing, ndfirrss Is Dixon, Auisbaml ir�:,d wife, -1 , - 4 of the, Counly of will Slate- of Flo ri Ia :ri c.,rJ o- lparl i ., c nf Hir srrntid part, bitameth, t/,ot mr xfji(/ pnri raO of /lie first poll, 1,)r and . 'd tiatt of thr xotri (if - -lJr)tlfirx. mid Whrr trimi it 'In lie r a filed wilitable- mijitidrraliotot to) %11,�rj Ili hand pairl. the recrild tritiri-reif ix lirri-by (icl�rwfvl. :I I / gratilrd, bat-Viiinrel. icold find ronuryed. atol hU these pri-xvidi; di) gruril. bw 11111711"'t ",,7. �ofpllleey field rotillf-in onta thr soid, part ier, of flir sroond parl tool Ij, it 'arld niettigns forriper,-tili that cri-laim juirrel (if land Illiog and beitig Ili [fit- Comity relC (fild Mule oil :7107-ic 1'.2 murr partirularlU drso-rihed (to follows. hri!C (41t) of the "FrInt half (El!) C, f :",),:",hwcS!, -11a of t1je Southeast q ua rt, r� r 1v ' n ilcrr.li of, stato-. Road No . 70. c r t�- 1 jj�rco in ­-ction 15 , Tovinship -37 u'i t- !'I follm-tin-,: t t w a S t q I-) I c of of sa cl �.'.cct lon 15 , rl n ;:u -t h f (2,-- ast. "D16. 3 f ect , 411nmth 594 '00t CL nt of :.orth 5C �o,i% Togitliff witil all Iltr Iritrniritt ( It. hri-rditaine-rils itod apptit-Irtianers, upith crtrig privile-fir liltr, ilib-f-est and rstaIr. r!rjtl,t-r imil right of daity-r, retirrxion, remairidpr mid rf vellirld w be-Imitlilirl tir fit (mitwisr artwi-lifillifitt To liave and to Eold I,,,, i,l le, - vililill.- III.- solid pirl : � ,f Ili,, fir.ol p(trI oleo rwit'll-Int p-1111 Ilw saill Inert `�, - %rrmul parl flood t�i.-v Are I(ill.fiIIIII jwi.rd #if Ihe looted prrottites. Ilird thr-fl III-e- fl," 111,111 fold Ilml 10111y h�'IVP g.'Iod right 'Irld I'llf. fill mt/lifiritv Ili eivIl dw fire/ the' ,rf,l Iwirt tel; if/ III,- * liI*.l 1wrl Ili) /wri-lo ftd/N m .1, , wit I/w lilt(. fit ,nkW hotel. 11?111 well '10-f"foll I/w %fiffir ng,firiNt Ilw bill -fill vhllrol� fill Id/ p.1 ­n� 111 Uf1trieSS Whert0f, the- %(I:,[ parvioC of thr firitt lf�orl havo horcullto sel 111111(k- off(I se-elb Ilir iieqj aml year aboile wrillo-ri. Yt`qtwd se-alrd jwml-drU�Vm Ili atir prriorurr: 2. z r N, 50,00' NOT INCLUOED NSr2OV5E M�M—ws- 7.07 ACRES 7 MCI MCI z ----------- 7 —1— 7— 7 A F: z TO M.09EE >< 111.1i OT < Q Pf 800f 1. Plff 71 z C rn rn: — - — - — - — - — - — - — - — - — - — - — - — -- L — - — - — - — - — - — - — - — - — - — - — -- 1:41=— - — - — - — - — STATE ROAD jNO. 70 — EAST NORTH PARK no" J-2E - — -- — fST7 __Tt -- — - POINT 11F BEGINNING we -a CC sumayove fiepoui� and Boundsiry sumby al a paucsO 01 gand OyOng On secuon Is, Townshop 37 So, Range 35 E. 78008haesse NSTOdoan Okeechobee Counqy, MwOda My 01 Cksechcbeq DESCRIPTION Z! W .th:1h'Q.1r(W'/2) '01.1her East no" (EI/2) of the tor (SW of he Southeast quarter (SEI/4) of Road No� 70. (Fort PI.. R=? Motl.rS'T Township 37 South. Range 35 East loss the following: 1p�n ing So sl carrier of the East half _of t:. - Squt4h 2 set aril -of th Southeast quarter (SEI/4nfrLsadSSW&1&/;4a)n 15, 4L:7== run North 594 feet. East 186.3 feet. South 594 is Wort 186.3-fort to-tho point of Also Is" the North 50 fftt which is reserved for road purposes. SURVEYORS NOTES Subject to ""merits and roxtrictionst of moord. Lands described hereon not obstacted by this offins. Underground utilities and foundations, if any, am not shown. The description shown hereon was provided by the client and/or his/her agent. Not r;d wil:�ut the signature and the original raised sool pf a Florida licensed surveyor and mapper. The surmyor did not interri adjoining ;OM owners for '*wunrecorded deeds or easements. Elevations shown. if ony. are based upon assumed datum. Lands shown hereon are located in Flood Zons C, according to FIRM panel no. 120177 02008, dated 2-4--81. SURVEYORS CERTIFICATE I hereby certify that the attached sketch of survey of the hereon j; ubnparop=.;s�%e to the best of my �!owiedgo is 0 hl correct t ject t field or my direct supervision. �,IF060t, ubject t the qualifications noted r Almond. PSM .f. . of Surroyar—Mapp., Florida Registration No. LWSI LAST FIELD SURVEY DATE. V.ARCH 26. 2004 PREPARED (FORS BIEWARM DOXCH JAMES R. ALMOND,.Esm ENEMOWAN"-LM 2973 W 3RD TERRACE OKEECHOWL FLORIDA 34974-2634 oz- TEL. 467-5700 FAX: (863) 467-6121 AT .1mond"Insechobso.com PROJECT NUMBER Field Book FILE I Date Rio 3W.RW5 T smEET SCALE l' . 80' Refer to St.rrot file COPYMGHT. 2004 koo.aat EXHIBIT 4 — MAv 4,2004 AGENDA ORDINANCE NO. 857 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 HOLDING (H) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition (Petition No. 04-002-R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 3.46 acre(s) from Holding (H) Zoning District to Heavy Commercial (CHV) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allowforthe processing of the rezoning application; and WHEREAS, the City Council 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, it is ordained before the City Council for the City of Okeechobee, Florida; presented at 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. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: All of lots 1 through 12, inclusive lying North of North Park Street (formerly known as Fort pierce Road) as now constructed, Block 4, in Price Addition to Okeechobee City, according to the plat thereof recorded in Plat Book 2, Page 17, public records of Okeechobee County, Florida; And The alley in Block 4, Price addition to Okeechobee City, as recorded in Plat Book 2, Page 17, Public Records, Okeechobee County, Florida, between Lots 1-6 and 7-12; And The street known as Northeast 2nd Street as it run east from Northeast 12th avenue to Northeast 12th Avenue, particularly located North of Block4, Price addition to Okeechobee City, according to Plat Book2, Page 17, Public Records, Okeechobee County, Florida. Commence at the Northeast corner of the Southwest Quarter of the Southeast Quarter of Section 15, Township 37 South, Range 35 East; thence run S 00* 18'26" E along the Easterly line thereof, 668.71 feet to the Point of Beginning; thence continue S 00*18'26 E 276.28 feet to the Northeast corner of Price Addition to Okeechobee City, (Plat Page 1 of 2 & 0 Book 2, Page 17); thence run S 89*50'34 W along the Northwest line thereof, 336.76 feet to the Northwest corner of said Price Addition; thence run N 00*17'46 W along the West line of the East half of the Southwest Quarter of the Southeast Quarter of said Section 15, a distance of 273.38 feet; thence run N 89*20'47" and parallel with the Northerly line of previously mentioned Southwest Quarter of the Southeast Quarter, a distance of 336.71 feet 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 Holding (H) Zoning District to Heavy Commercial (CHV) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this &I of May, 2004. ATTEST: Lane Gamiotea, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 18 1h day of May, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 0 0 City of Okeechobee General Services Department 55 S.E. 3" Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Date: 31 aci �04 Petition No. Oq - M a- Q Fee Paid: Jurisdiction. v5m.00 I st Hearin.-: LO ;ci _1n4 2nd Hearing: r—L'i ;6 L-a 5-1 t4--0q Publication Dates: q Itl (�o, Gt I' I Ict I Z oot-f Fax: (863) 763-1686 1 Notices Mailed: Uniform Land Use Application Rezone - Special Exception - Variance I S/ A P P L I C A N T I &/ 13 R 0 P E R T Y Name of property owner(s): CTZow 6- 1 SAr^ C;!� a f_AJZ�O%Va, CRA,�Lq__< Owner mailinc, address: 0 1 -4� i GVt- F!51-rZ1FA.-^ Avg. PPIT� C Z 1, 12)7, PrPACC_ �: L Name of applicant(s) if other than owner (state relationship): Applicant mailing address. Ll 10 Ig C 4V,1� C, IYIIY Name of contact person (state relationship): Contact person daytime phone(s): 7 � 0 01 9l C1 Fax: -716 01 Property address / directions to property: Indicate current use of property: I C F rv% H Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): VF M H J3 L T, I i Go Z 5;�F re lu AJA- (�Lc t.., ip M--r> Approximate number of acres: I s property in a platted subdivision? PhAT"LL-1 Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: Ll IQ K A� OW .0 Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: AJ 0 Is a sale subject to this application being granted? t, Y%FS - P0_0P\?-Z.4-n VWIJ,i QA- Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: C, ,AJ 0. 0 04 /7 C_ _:n:) '�:Z 0 \1 n4 AQ?k�AQ-i 7_0,�,JV4�1 14 fl, V Describe adjoining land uses/ improvements totheNorth: V,#C"1_ LAJri C_6V_qW1 LA-%** A.- I&W. - r Y* rp cArm *_ South: East: V.4cAwT- 64A/4t4 West: I/ pc Existing zoning: )I Future Land Use classification: Cc M ^1% Actions Requested. Rezone Special Exception (__j Variance 00910- 0000 Parcel Identification Number: 2- %1; - 17 -3r- 07.10 - coo i a - 6a v 0 2-IS- 17 -2-r- olzio - 00010 - 0() 1 0 61" Confirmation of Information Accuracy 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 result in the summary denial of this application. 0 OX, Rop :Z4V6(-/ 117L I ( 0YJ Signature Printed Name Date T T_ T-_ A Current zoning classification "0\ a Requested zoning classification C VIV R What is your desired pei-mitted use under the proposed classification E Z (7c V" VV\ vVI-C V 4, 0 CV (-�� CV-W -') ��V!C- it M ,-A/r-- 0 N If granted, will the new zone be contiguous with a like zone? E y C- - �C Is a Special Exception necessary for your intended use? Variance? Q 0 T AL 7- r�t TK T-'c—r-7 V!,— AnT A -IF IT14 t3 ' TNIVA 1-7— I Describe the Special Exception soujait: S P E C Provide specific LDR ordinance citation. I A L kre there other similar uses in the area? Is so, describe. E x C E Why would granting your request be in the best interest of the area and residents? P T II If business, briefly describe nature including number of employees, hours, noise generation and activities to be 0 IN -conducted outside of a buildina: Describe Variance sought. V A I R Describe physical characteristic of property that makes variance necessary - I A IN C Did you cause or contribute to the characteristic? Is so, describe. E I 11 What is the minimum variance necessary? Uniform Land Use Application (rc-,, 1/03) Page 2 of 2 0 March 18, 2004 City of Okeechobee Planning Department: I, Charles Farmer and I, James Crowe hereby give permission for D. Robert Willson of D.R. Willson Land Company permission to represent our interest in seeking a zoning change to on our property from Hold to CHV. This change is consistent with the current land use classification of Commercial. The property is identified as follows: 2-15-37-35-OAOO-00010-0000 3-15-37-35-0210-00010-0040 3-15-37-35-0210-00010-0010 Total Land Area Date: —7, 2.13 acres, vacant, Commercial Land Use 0.74 acres, vacant, Commercial Land Use 0.60 acres. Older SF Home, Commercial Land Use 3.47 acres Te g,%j%pjPa-% �?g&., resa c sauette scommisshm Mq*m Z! 1219, 2116 e; 0" Bonded 7bm /PIIIFMII`�� Atlantic Bonding Co., Inc. Charles Fanner Teresa C. SaUette DDOM091 Date: Feb. 13, =6 'X'-';:—etPVBManded Thm James Crowe -A' -r-7"t7"pgg'�%-Y Atlantic Bond:ng Co., !ac State Of Flori Coun t y '0 Okeechobee Sworn to anq—,sn- cribed,z efore me this 18th day of MArcht2004 By Ch:arles A n Crowe who are personally know to me. 07 My Cdmmiskion Expires March 29, 2004 City of Okeechobee Checklist for Rezoning and/or Land Use Owner: Farmer/Crowe Property Tax ED 4s: 2-15-37-35-OAOO-0001 0-0000 3-25-37-35-0210-00010-0040 3-25-37-35-02 10-00010-0010 Size: +/- 3.5 Acres Enclosed is an application for a zoning change. This letter is to address items #2, #10 and #11 of the rezoning application. Zoning Change Application Comments: 42 The applicant is a local real estate broker assisting the owner with a zoning change application. The property is under contract for purchase. #10 The application is a request to change the zoning from Hold to CHV. The subject already has a land use of commercial. The reason for the zoning change request is to help provide the necessary land available for upscale commercial development. At this time, within the City limits there is only minimal commercial land available for development. Of the land available, assemblage opportunities are limited, and if available, cost prohibitive. This change is requested to allow the City the opportunity to attract good quality commercial development that will be needed as Okeechobee grows. #11 At this time, the intend use will vary. The intent is to start the process of obtaining the necessary infrastructure associated with requirements of an upscale commercial development. D—SearchResults 0 Page I of 2 H 0 M E Record Search GIS Map General Info Exemptions Tangible Tax F A Q Download Forms Contact Us Parcel ID: 2-15-37-35-OAOO-0001 Owner & Property Info Owner's Name CROWE JAMES & FARMER CHARLES Site Address 0, Okeechobee Mailing 1771 GULFSTREAM AVE Address APT C2 FT PIERCE, FL UNPLATTED LANDS OF THE CITY COM AT THE Brief Legal SW 1/4 OF SE 1/4 OF SEC 15 RUN S 0 DEG 18 MIN Use Desc. VACANT (000000) (code) Neighborhood 310600.00 Tax so District U 11 + 0-0000 Okeechobee County Property Appraiser Show: GIS Map I Property Record Card << Prev 11 Of 0 Next >> UD Codes 0100 — U Area 31 Total Land Area 2.130 ACRES Property & Assessment Values Mkt Land Value cnt: (1) $10,650.00 Just Value $10,650.00 Ag Land Value cnt: (0) $0.00 Class Value $0.00 Building Value cnt: (0) $0.00 Assessed XFOB Value cnt: (0) $0.00 Value $10,650.00 Total Exempt Value $0.00 Appraised $10,650.00 Total Taxable Value Value $10,650.00 Sales History Date Book/Page Inst. Type Sale VImp Sale Qual Sale RCode Sale Price ISale 5/1/1993 344/1568 WD V I U I 03 $0.00 ll/l/1987 292/1338 PB V U 03 $0.001 Building Characteristics Bldg Item I Bldg Desc I Year Bit I Heated S.F. I Actual S.F. I Bldg Value N 0 N E Extra Features & Out Buildings Code I Desc I Year Blt I Value I Units I Dims Condition (% Good) I N 0 N E Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 009900 1 AC NON -AG (MKT) 1 2.130 AC 1 1.00/1-00/.50/1.00 $5,000.00 $10,( Okeechobee County Property Appraiser Last Updated: 02/09/2004 5 of 16 ','Nex­'E-?!��,- 8A 1.82 AC ] [17 24� 25 16 118 119 211 211221 23 RETE� 19 4 4q 2 3 4 5 6 6 9 S. 06 AC - 1 7 AG 9 8 7 2 4 2� 18.98 A 7 45 46 16 1 9 8 7 2 3 4 2.12 AC 40 11 12 46 46 6 62 N 2.5 AC i -1 E ADDITION —1 4 3 2 2 3 9A 7 8 9 10 ll. 12 "�7 6 9 10 11 STATE ROAD 70 KS 1Q; ?tf 3 .22_AG: L 5A 2.64 AC I , 2 5 Ac Okeechobee County Property *raiser - Map Printed on 3/2/2004 10:2W AM 6 7 STATE ROAD 70 LIE 9 8.98 AC 9 7 AC 8 2.s Rc N 9A 9 8 7 2, 1 rb 5 1 4 3 1 2 1 3 A 4 U? 1 12 5 t7 8 9 11 -6 6 0 46 [ Al2� 40 5. 06 AC ' _. 1 7 40 ,_9 877 2 `- a 2 3 9 3 4 10 6 4 it 12 6 40 40 7 1 2-1 5-37-35-OAOO-0001 0-0000 8 2 CROWE JAMES & FARMER CHARLES 9 3 4 it 4 6 V. 12135 1-0 6 40 ,I C�ND S -n ='E . SDOIT M 40 Z 4 6 5 13 2 2 2 3 7 a 9 101 11 121 t7 8 1 9 10 it 12 a 9 to it 12 46 46 40 W STATE ROAD 70 gas A)&— �6 X 6 5 4 3A 2 1 3 .22 AC 5 r 5A '0 .5 2 1.5 Ac 2 3 2 too 4 9 4 5 12 .27 Ac 4 &� t! f-7 I 2 2 7 11 Okeechobee County Property Appraiser 0' 1 10 22'0 3;0 ft W C "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 PARCEL: 2-15-37-35-OAOO-00010-0000 -VACANT (000000) UNPLATTED LANDS OF THE CITY COM AT THE SW 1/4 OF SE 1/4, OF SEC 15 RUN S 0 DEG 18 MIN Name: CROWE JAMES & FARMER CHARLES LandVal $10,650.00 Site: 0, Okeechobee BldgVal $0.00 1771 GULFSTREAM AVE ApprVal $10,650.00 Mail: APT C2 JustVal $10,650.00 FT PIERCE, FL Assd $10,650.00 Sales 5/111993 $0.00 V / U Exmpt $0.00 Info 11/1/1987 $0.00 V / U Taxable $10,650.00 This information, Last Updated: 02/09/2004, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for tl�ie 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. Page I of I - -I,- - -- - H 0 M E Record Search GIS Map General Info Exemptions Tangible Tax F A Q Download Forms Contact Us Parcel ID: 3-15-37-35-0210-00010-0010 Owner & Proper Owner's Name Site Address Mailing Address Brief Legal ty Info CROWE JAMES & FARMER CHARLES 0, Okeechobee 1771 GULFSTREAM AVE� APT C2 FT PIER( PRICE ADDITION LOTS 1 2 3 & N 1/2 OF ALLEY LYING ADJACENT TO SAID LOT Use Desc. SINGLE FAM (000100) (code) Neighborhood 518635.00 Tax 50 District UD Codes 70ET Market 57 Area Total Land 0.597 ACRES Area Property & Assessment Values Okeechobee County Property Appraiser I'S Show GIS Map I Property Record Card Mkt Land Value cnt: (1) $5,718.00 Just Value $10,085.00 Ag Land Value cnt: (0) $0.00 Class Value $0.00 Building Value cnt: (1) $3,110,00 Assessed $10,085.00 XFOB Value cnt: (3) $1,257.00 Value Exempt Value $0.00 Total Appraised $10,085.00 I Total Taxable $10,085.00 Value Value Sales History Date Book/Page Inst. Type Sale Vimp Sale Qual Sale RCode Sale Price ISale 5/1/1993 1 344/1568 WD 1 U 03 $0.00 11/1/1987 292/1338 PB U 03 $0.00 Building Characteristics Bldg Item Bldg Desc Year Bit Heated S.F. 1 1 Actual S.F. Bldg Value I I I CNVERTD MH (000220) 1 1 141 1696 $3,110.00 Extra Features & Out Buildings Code Desc Year Bit Value Units Dims Condition (% Good) ACR W4 AL CC R/FG 1975 $109.00 110.000 11 X 10 X 0 PD (10.00) UTIL C SEPTIC RES 1993 $1,020.00 1.000 0 X 0 X 0 PD (100.00) OCA OPN CC AL 1978 $128.00 330.000 30 X 11 X 0 PD (10-00) Land Breakdown Lnd Code I Desc Units Adjustments I Eff Rate Lnd Value 1 001002 1 COMM % (MKT) 1 143.000 FF - (.597AC) 1.00/i.00/.50/1.00 $39.99 $5,718.00 Okeechobee County Property Appraiser Last Updated: 02/09/200, 6 of 16 http://www.okeechobeepa.com/GIS/D—SearchResults. asp 3/2/2004 Okeechobee County Property Afraiser - Map Printed on 3/2/2004 10:30 AM Page 1 of 1 SlAkE ROAD fu t1d I Zf -11... __J � I .� I I I I I T, UU 77� Z El- FIFI 11 E 4 T STREEI 3-15-37-35-0210-00010-0010 CROAE JAMES & FARMER CHA� S I Ll E zjE U LU V U U_!_ S.E. 1 Okeechobee County Property Appraiser o' 16'0 :32'0 48'0 ft .14 W C. "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 PARCEL: 3-15-37-35-0210-00010-0010 -SINGLE FAM(000100) W E PRICE ADDITION LOTS 1 2 3 & N 1/2 OF ALLEY, LYING ADJACENT TO SAID LO S T Name. CROWE JAMES & FARMER CHARLES LanclVal $5,718.00 Site: 0, Okeechobee BldgVal $3,110.00 1771 GULFSTREAM AVE ApprVal $10,085.00 Mail: APT C2 JustVal $10,085.00 Fla, FT PIERCE, FL Assd $10,085.00 Sales 5/1/1993 $0.00 1 / U Exmpt $0.00 85.00 Info 11/1/1987 $0.00 1 / U Taxable $10,0 3 This information, Last Vpdated: 02/09/2004, 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 Me 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. r-, KOJ'F' 0 - -0- - -- - Record Search GIS Map General Info Exemptions Tangible Tax FAQ Download Forms Contact Us Parcel ID: 3-15-37-35-0210-00010-0040 Owner & Proper Owner's Name Site Address Mailing Address Brief Legal ty Info C R 'E JAMES & OW FARMER CHARLES 0, Okeechobee 1771 GULFSTREAM AVE APT C2 FT PIERCE, FL PRICE ADDITION LOTS 4 TO 7 INC & N 1/2 OF ALLEY LYING ADJACENT TO LOTS Use Desc. VACANT (000000) (code) Neighborhood 518635.00 Tax 50 District UD Codes 70ET Market 57 Area Total Land 0.735 ACRES Area Property & Assessment Values Okeechobee County Property Appraiser 1k Show- GIS Map I Property Record Card << Prev 1 of 0 Next >> Mkt Land Value cnt: (2) $26,533.00 Just Value $26,533.00 Ag Land Value cnt: (0) $0.00 Class Value $0.00 Building Value cnt: (0) $0.00 Assessed $26,533.00 XFOB Value cnt: (0) $0.00 Value Exempt Value $0.00 Total Appraised $26,533.00 Total Taxable $26,533.00 Value Value Sales History ISale Date Book/Page Inst. Type Sale VImp Sale Qua[ Sale RCode Sale Price 5/1/1993 344/1568 WD V U 03 $0.00 11/1/1987 1 292/1338 1 PB V U 03 $0.00 Building Characteristics Bldg Item I Bldg Desc I Year Bit I Heated S.F. I Actual S.F. I Bldg Value I N 0 N E Extra Features & Out Buildings Code I Desc I Year Bit I Value I Units I Dims Condition (% Good) N 0 N E I Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 001002 COMM % (MKT) 48.000 FF - (.138AC) 1.00/1.00/.45/1.00 $433.65 $20,815.00 001002 1COMM%(MKT)1143.000FF-(.597AC) 11.00/1-00/.50/1.00 $39.99 $5,718.00 Okeechobee County Property Appraiser Last Updated: 02/09/200 -N GO 7 of 16 http://www.okeechobeepa.com/GIS/D—SearchResults. asp 3/2/2004 Okeechobee County Property Waiser - Map Printed on 3/2/2004 10:300 AM Page I of I 7 ta.98 A 9 7 PC a 2. 5 PC N 9A STATE ROAD 70 Ulu 9 8. 98 PC I I S. 06 AC 1.0 11 L2 7 a 9 1; e' 3 11 48 U4'6 L12� 2 7 --- --- 1 4 9 L8 7 2 8 2 9 3 to H11 2 46 12 6 7 135 28 1 9 8 7 2 �8 2 10 3 9 3 2.12 PC 4 10 4 10 11 12 5 il 5 12 6 46 to 6 �Sfl An 3-15-37-35-0210-00010-0040 CROV%E JAMES & FARMER CHARLES 4 E2, 3 -n a 9 10 11 121 t7 a 9 10 11 12 10 41 12 Q 461 STATE ROAD 70 t72 =1 so �3 7Z 9C__ 4 :3 R 2 4 6.27 AG .22 PC !21 2 5 PC 3 2 4 5 Ann 6 's 2 inn - 3.25 7 Ina 12 16 11 Okeechobee County Property Appraiser 0' 1;0 22'0 3;0 ;t AX W C "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 W 9 PARCEL: 3-15-37-35-0210-00010-0040 -VACANT (OOOoOO) PRICE ADDITION LOTS 4 TO 7 INC & N 1/2 OF, ALLEY LYING ADJACENT TO LOTS S $26,533.00 Name: CROWE JAMES & FARMER CHARLES LandVal Site. 0, Okeechobee BIdgVaI $0.00 1771 GULFSTREAM AVE ApprVal $26,533.00 41111_`_� I Mail: APT C2 JustVal $26,533.00 FT PIERCE, FL Assd $26,533-00 Sales 511/1993 $0.00 V / U Exmpt $0.00 Info 11/1/1987 $0.00 V / U Taxable $26,533.001 This information, Last Updated. 02/09/2004, 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 Appraisers office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. I In the AfrOunt 01 4 F..&F1568 0 zw a., Nom--'n 2-15-37-35-GAOO-00010-0000 ToodU114mehm 3-15-37-35-0210-00010-0010/0040/0080 oeeeas oi Tm 374-32-1140 Geen.,nTm 408-66-1729 [Space Abow Thk Uft Fbr Recordin Dab I Wumnty Deed Ws Indenture, made this L� day of May, 19 9 3 A-D.. Between JOSEPH C. ELLIS, JR., a single man, of the coasty of swea California grantor, and JAMES CROWE and CHARLES FARMER, co -tenants in common with a (5o%/5o%) respective interest, .*.add,.kpost Office Box 1782, Okeechobee, Florida 34973 .c tm coaaq of Okeechobee I s,.ftor Florida , grantees. Wltnftgdh *mtMORANM&forandincookkrxtionoffts-00( - - - - - - - - - - - - - - - - - - - - - - TEN & N01100($10-00) - - - - - - - - - - DOLU%n ead otba p)ad mW w1mble Wad&MOM U) GRANTOR in hand Paid bY OR kNT= 'be MM'Pt Wbeffl&'l MM" ackwafadpd, has Vanod, bacpdwd wA *Ad m the mak! ORANTEM and GRANTWT bein wW 8MVU tO 6- r. M ftlmft descAnd UwA Wt"M ".Wbw.gk.tba,mwtyc( Okeechobee mefta Florida to-ft PARCEL 1: All of Lots 1 through 10, inclusive, lying North of North Park Street (formerly known as Fort Pierce Road) as now constructed, Block 4, in PRICE ADDITION TO OKEECHOBEE C17y, according to the plat thereof recorded in Plat Book 2, Page 17, polic records of Okeechobee County� Florida* PARCEL 2: Commence at the Northeast corner of the Southwest Quarter of the Southeast Quarter of Section 15, Township 37 South, Range 35 East; thence run S 00*181260 9 along the Easterly line thereof, 668.71 feet to the PCII�TT OF BEGINNING; thence continue S 00*18126" 9, 276.28 feet to the Northeast corner of PRICE ADDITION TO OKEECHOBEE CITY (plat Book 2, Page 17); thence run S 89*50134" W along the Northerly line thereof, 336.76 feet to the Northwest dorner of said PRICE ADDITION; thence run N 00*17�46" W along the West line of the East Half of the East Half of the Southwest Quarter of the Southeast Quarter of said Section 15, a distance of 273.38 feet; thence run N 89020,47* 1 and parallel with the Northerly line of previously menticned Southwest Quarter of the Southeast Quarter, a distance of 336.71 feet to the Point of Beginning. subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 1992. wwmtthgdtkwuMW4mWwWdcfcodthauwAkp"g IaWfWd-i-0(&QPc� Wb�f. In WUMM Wh&WA do pwmc b. UM.W ad hk beed end Mel me day .d yetr 11M above SWati, saded and 40"nd ht ow r P C. ELLIS, JR. 7�;-" Printed �Iikes CA "A44-M7 witness A. Carban Avenue, Sea FT%Ockcc� (SOW) Printed 1 1 14 rig -go-b"?-SLV ifornia 7OF California CO *W;: R 7Uff: W =N May, 19 7b* axleft be fto: 4.0 d"d dq C WZIS JOSEPH C. =zIs' ngle man, T U WW h pma"Ily kww to r ver"I-��.. R W' . ­mav%adWwXUkwftcadL N 7bb Docnam ?.Ww Dr. T WNW-COMMY,111111 0 commy a CONLY, ?A Printed Namet =7 X V. 2M STICIM NOTARY "UC my COMMMM E*ifm D,"C�j W....." Otto � ? 0 1. KOM V0; 1041*41" 1 , C. CONnR, P.A FILED FOR RECORD 5th Street OKEECHOOPE CO. FL. bkeechobee, Florida 34972 89 MAY 15 PM 12: 32 (813) 467-8800 2 1 F wwj W. GLORIA J. FORD CLERK OF CIRCUIT COURT *W-d- ff00) ftmWay. I Itno W" TM L" 00 - OATA �e May iI 01 the /-S--1�t dav 4 8 9 6, 0 i This 10amntg beed mr.d., JAMES MINEHAN, JR., a married man Call-] 16 JAMES CROWE and CHARLES FARMER , as tenants in common U-61, pofl.ffic' d.4rrs, is Post Office Box 1872 , Okeechobee, Fl 34973-1872 h�"Irtciflrr Called the grantee- ... ....... loitwstth: Th., I,,- a ... $ub-mliol. of file su., nt and other 1,aluable considprolions. recripf 1,�brreoj IS h-t-6 herehv cillerts' release.. Conveys and confirm, 11-1- 010-Ire .11 flint certnit, Intid JUVOle in Okeechobee Coulify, Florida, 1+1 C; C-1 CD id' gn ArMT, Lots 11 and 12 of Block 4, Price Addition to the City of Okeechobee, Florida, according to the plat thereof recorded in Plat Book 2, page 17, public records of Okeechobee County, Florida, less and except the south 7 feet of said lots. SUBJECT TO reservations, restrictions and easement of record, if any. SUBJECT PROPERTY is not the homestead of Grantor. '[096ff -111. .11 the feetements. kered0aments and appurt#nonces thereto belonging or In any- u4sr appertaining. To Have and to Hold, the same in fee simple for—P, 11nd the g,onfor hereby covenants with sold grantee that the q,anlo, Is lawfully sel%ed C(161.4 land In fee simple; that the QrOnfOF has good right and lawful atithority to tell and Convey sold Innel: that Ike grantor hereby f,.Ily warrant. the title to said land and will defer,d Ae some niquinst the iawful claims of all persons wkom.ortArg and that said Lnd is free of all encumbrances. except taxes accruing subseqiArnf to December "51 10 lit 'NiUMS Uhtrf0f, he sold 11ronfor 6s signed and f eled 16., p--nij [be doy and year first above written. Sin W and delivered in OW presence STATE OF FLORIDA COUNTY or OKEECHOBEE I HEREBY CERTIFN h.t %hit day. W— me, an �fr—, d,,W il the St"' af--d' t" —.—H, rrae—d JAMES MINEHAN, JR., a married man t—n 1. 1, the p,11-11 ri-61,d h., --,,I the t ...... — --I he ,,, th,t he r,, —., %VITNES!� rriv hand and off —al *-at the (.nutit, .1-1 St— 1— �(.--'d 0— day at May N 1) 19 8 9 12 140"PAkSte" friorwe Commission Ispir" FOL Is. 199, My NOTARY PUBLIC 0 0 NOT PLATTED POINT OF BEGINNING NE 3RD STREET NOViVII't M NBW2W4rE D &M.7V W 33k7l' D .W., F ---T-- I I LOT 9 LOT a Z; BLOCK 12 RIVERSIDE PARK L Pi.J BOOK 1, PAGE 23 T LOT 10 LOT I I 4.15 ACRES TOTAL wworw M serso &w7r M 3M.7w D NOT PLATrED 2LJt' FORMER HE 2ND STREET - CLOSED BY ORDINANCE NO. 671 NE 2ND STREET _T F LOT 6 LOT 5 LOT 4 LOT 3 LOT 2 LOT 1 LOT 6 LOT 5 Z I"'I rn 4CE ADDITIONBIMLLHOBJE CfTY (A PUT BOT 2. PACE 17 BLOCK 13 RIVERSIDE PARK < L L L PuT BOOK 1, PACE 23 z _J —1— — — FORMER 15' ALLEY— CLOSED BY ORDINANCE NO. 671 C rn F — — T LOT 7 LOT 3 LOT .9 LOT 10 LOT I I LOT 12 LOT 7 LOT 8 25M 2ft2r 2537 L - — - — - — - — - — -- — - — - — - — - — - — - — STATE ROAD NO. 70 EAST NORTH PARK STREET 0 0 -00� suveywo RePwR and ftundsiry suvVey (09 a PaTcoo ov Oand oy5lng On sactoon W, Iromflahop 37 a., Range 39 1E. 7sfthaesse WeAdDan Okeechobee CouMy, FOOVOda My aq Okeechobee DESCRIPTION All of lots 1 North Park Street (formerly known as Fort Pierce R=011.1 'I PRICE ADDITION TO OKEECHOBEE CITY, according to the lot there f recorded In Plot Book 2. Page 17, publiQ records of Oks*cmobse Countyr Florida. 0 AND The ailey in Block 4. PRICE ADDITION TO OKEEC140SE CITY, as recorded in Plat Book 2. Page 17, Public Records. Okeechobee County, Florida, between Lots 1-6 and 7- 12. AND— - -The street -kno"-W Ndrlheod-2md'� �ft�lt -run sce from -Northeast 12th'Avenue 16-- Northeast 13th Avenue. Portimlariy locom North of Block 4. PRICE ADDITION TO OKEECHOBEE CITY. according to Plat Book 2, Page 17. Public Records. Okeechobee County. Florida. AND Commence at the Northeast comer of the Southwest Quarter of the Southeast Quarter of Section 15, Township 37 South. Range 35 East; thence run S W18'26' E *ion? the East* t to the POINT OF BEC4NNING; then" continue .1,761iine thereof. 86871 fee . E. 276.28 Isat to the Northeast comer of PRICE ADDITION TO OKEECHOBEE CITY, (Plat Book 2. Page 17); thence run S 89*50'34' W alon the North" line thereof. 336-78 test to the Northwest comer of said PRICE ZOMN; thenc run N 00`17'46' W along the West roe of the East Halt of the East Half of the Souvww Quarter of Me Southeast Quarter of said Section 15, a distance of 273.38 feet: thence run N 89*20'47' E and parallel with the Northerly line of previously mentioned Southwest Quarter of the Southeast Quarter. a distance of 336.71 feet to the Point of BeginnIng. SURVEYORS NOTES Subject to easements and restrictions of record. Lands described hereon mot abstci�tid­b� this office, Underground utilities and foundations, if any. are not shown. The description Shown hefoon WOS Provided by the client and/or his/her agent. Not valid without the sionature, and the original raised seal of a Florida -licensed surveyor -and -mapper The surveyor did not interview adjoining land owners for unrecorded desda or eamerments. Elevation* shown, If any, are based upon assumed datum. Lands shown hereon are located in Flood Zone C, according to FIRM panel mo. 120177 02008, dated 2-4-81. Property address: SURVEYORS CERTIFICATE I hereby certify that the attached sketch Of survey Of the hereon deac, property is true and coffoct to the best of my knowledge, 'he f� I Id m- at lu�p,,99,on, be I ao surveyed in the field under at supervision. Subj :: the qualifications noted h oe am man JO Almond, :PSM esforial Survoyor-Mposr Florida Registration No. LS5091 LAST FIELD SURVEY DATE.- MARCH 26. 2004 PREPARED FOR: JAMES CROWE & CHARLES FARMER J ES RA6N12N 6��L 2973 SW 3RID TERRACE Q, PSM OKEECHOBEL FLORIDA 34274-2634 TEL. = 467- 700 FAX:Lai�) 467-litzi almn! dO kemich .."m O.IIECT NUMBER Book I" � I I R:1* file St. 39". R1" SHE ET LE I' . 40' fer to met th /s, or 1, q(58 COPYRIGHT, 200* 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(alatt.net Staff Report Rezoning Request Preparedfor: City of Okeechobee Applicant: D. R Wilson Land Co. Owner: James Crowe & Charles Fanner From.- Holding to Heavy Commercial Pefition No. 04-002-R Staff Report App nt: D.R. Wilson Land Co. Rezoning Request Petition No. 04-002-R IGeneral information Applicant: Applicant Address: Applicant Phone Number: Owner: Owner Address: Future Land Use Map Classification Zoning District Use of Property D.R. Wilson Land Co. 410 SE 2 na Avenue Okeechobee, FL 34974 863-763-0999 James Crowe & Charles Farmer 1771 Gulfstream Avenue, Apt C2 Fort Pierce, FL Commercial Holding Single Family Mobile Home Acreage 13.46 Access I Hwy 70/NE 12" Avenue Location: North of SR 70 at City Limits Commercial Heavy Commercial Commercial Development 3.46 Legal Description: All of lots 1 through 12, inclusive lying North of North Park Street (formerly known as Fort Pierce Road) as now constructed, Block 4, in Price Addition to Okeechobee City, according to the plat thereof recorded in Plat Book 2, Page 17, public records of Okeechobee County, Florida. =41 The alley in Block 4, Price addition to Okeechobee City, as recorded in Plat Book 2, Page 17, Public Records, Okeechobee County, Florida, between Lots 1-6 and 7-12, M The street known as Northeast 2 nd Street as it runs east from Northeast 12th Avenue to Northeast 12 th Avenue, particularly located North of Block 4, Price addition to Okeechobee City, according to Plat Book 2, Page 17, Public Records, Okeechobee County, Florida. Commence at the Northeast comer of the Southwest Quarter of the Southeast Quarter of Section 15, Township 37 South, Range 35 East; thence run S 00*18'26" E along the Easterly line thereof, 668.71 feet to the Point of Beginning; thence continue S 00* 18'26 E 276.28 feet to the Northeast comer'of Price Addition to Okeechobee City, (Plat Book 2, Page 17); thence run S 89*50'34 W along the Northwest line thereof, 336.76 feet to the Northwest comer of said Price Addition; thence run N 00* 17'46 W along the West line of the East half of the Southwest Quarter of the Southeast Quarter of said Section 15, a distance of 273.38 feet; thence run N 89*20'47" (PAGE I 0 0 Staff Report Applicant: D.R. Wilson Land Co. Rezoning Request Petition No. 04-002-R and parallel with the Northerly line of previously mentioned Southwest Quarter of the Southeast Quarter, a distance of 336.71 feet to the Point of Beginning. Request: Applicant requests a zoning change from the Holding Zoning District to Heavy Commercial for lots 1-6 of Block 4 and for the 2.12 acres located directly North of Block 4. Lkajacent 1-UtUre Land use Map uassitications and Zoning DistrictE North: Future Land Use Map Classification: Single Family Zoning District: Holding Existing Land Use: Vacant East: Future Land Use Map Classification: Unincorporated Zoning District: Unincorporated Existing Land Use: Residential & Vacant South: Future Land Use Map Classification: Commercial Zoning District: Heavy Commercial Existing Land Use: Commercial Land & SR 70 West: Future Land Use Map Classification: Single Family & Commercial Zoning District: Heavy Commercial Existing Land Use: Vacant ,Summary: The application is a request to change the zoning from Holding to Heavy Commercial. The subject already has a Future Land Use designation of Commercial. This request is consistent with the current Future Land Use designation of Commercial for this property. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. Heavy Commercial is consistent with the Comprehensive Plan Policies and the Future Land Use map designation for this property. 2. The proposed use being appliedfor is specifically authorized under the zoning district in the Land Development Regulations. Commercial development is authorized under the Heavy Commercial Zoning District. The proposed use will not have an adverse effect on the public interest. Commercial use will not have an adverse effect on the public interest. fPAGE I Staff Report Rezoning Request Appl' nt: D.R. Wilson Land Co. Petition No. 04-002-R 4. The use is a ,ppropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. i Commercial Heavy use and zoning are appropriate for this location. 5. The proposed zoning will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed use and zoning will not be a deterrent to the improvement or development of adjacent properties. 6. The proposed use can be suitably bufferedftom surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood If necessary, site plan requirements can be used to reduce any impacts upon the neighborhood. 7. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affectpublic safety Traffic impacts can be accommodated under this rezoning. This will occur prior to or in conjunction with development. 8. The proposed use has not been inordinately burdened by unnecessary restrictions. N/A. 9. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public we�fare. The rezoning will not be a special privilege, nor will it be detrimental to the public. ,Summary and Conclusions Prior to Certification In conclusion, the zoning as proposed is consistent with the Future Land Use for this property. Recommendation Staff recommends approval of the request to allow rezoning from Holding to Heavy Commercial pennitting the applicant to place commercial development on this property. Submitted by: ' James G. LaRue, AICP Planning Consultant April 20, 2004 (PAGE I AGENDA IV. NEW BUSINESS, CONTINUED. A. Rezoning Petition No. 04-001 -R, continued. B. Rezoning Petition No 04-002-R. Consider a recommendation to the City Council to rezone the property located on the North side of State Road 70 East, across from the United States Post Office, from Holding (H) to Heavy Commer- cial (CHV), parcel identification numbers being 2-15-37-35-OAOO-000 10-0000, 3-15-37-35-0210-00010-0040, and 3-15-37-35-02 10-00010-0010. JamesCrowe is and Charles Farmer are the property owners, D. Robert Willson is acting as agent on behalf of the property owner - Exhibit 2. April 27, 2004 - Planning Board - Page 3 of 7 ACTION - DISCUSSION - VOTE Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from Holding to Heavy Commercial. There was no public comment. There was no discussion from the Board. Board Member Ledferd made a motion to recommend to City Council to approve Rezoning Petition No 04-001 -R, based on Planning Staff s recommendations; seconded by Board Member Hoover. VOTE HOOVER - YEA JONES - YEA KELLER - YEA LEDIFERD - YEA MAVROIDES - YEA MCCOV-YEA WALKER - YEA MOTION CARRIED. Summary of Application: D. Robert Willson filed a Rezoning Application on behalf of the property owners, James Crowe and Charles Farmer This property is requesting a change in the zoning district, it is combined with several contiguous properties that are requesting Future Land Use Map Amendments and rezonings. If approved, this will create a large parcel of land that could be used for ftiture commercial development. Jim LaRue, City Planning Consultant, briefly explained the Planning Report to the Board Members. Planning Staff Report Summary: The application is a request to change the zoning from Holding to Heavy Commercial. The subject already has a Future Land Use designation of Commercial. This request is consistent with the current Future Land Use designation of Commercial for this property AGENDA IV. NEW BUSINESS, CONTINUED. B. Rezoning Petition No. 04-002-R, continued. April 27, 2004 - Planning Board - Pa2e 4 of 7 ACTION - DISCUSSION - VOTE Planning Staff Report Analysis: (1) The proposed use is not contrary to Comprehensive Plan requirements. Heavy Commercial is consistent with the Comprehensive Plan Policies and the Future Land Use map designation for this property (2) The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Commercial development is authorized under the Heavy Commercial Zoning District. (3) The proposed use will not have an adverse effect on the public interest. Commercial use will not have an adverse effect on the public interest. (4) The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Commercial Heavy use and zoning are appropriate for this location. (5) The proposed zoning will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property The proposed use and zoning will not be a deterrent to the improvement or development 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. If necessary, site plan requirements can be used to reduce any impact upon the neighborhood. (7) The proposed use will not create traffic congestion, flooding or drainage problems, or other -wise affect public safety Traffic impacts can be accommodated under this rezoning. This will occur prior to or in conjunction with development. (8) The proposed use has not been inordinately burdened by unnecessary restrictions. Not Applicable (9) The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The rezoning will not be a special privilege, nor will it be detrimental to the public. Summary and Conclusions Prior to Certification: In conclusion, the zoning as proposed is consistent with the Future Land Use for this property. Recommendation: Staff recommends approval of the requires to allow rezoning from Holding to Heavy Commercail permitting the applicant to place commercial development on this property. There was no public comment. There was no discussion from the Board. Board Member Ledferd made a motion to recommend to City Council to approve Rezoning Petition No. 04-002-R, based on Planning Staff s recommendations; seconded by Board Member Keller AGENDA IV. NEW BUSINESS, CONTINUED. B. Rezoning Petition No. 04-002-R, continued. 0 C. Rezoning Petition No. 04-003-R. Consider a recommendation to the City Council to rezone the property located on the North side of State Road 70 East, across from the United States Post Office, from Holding (H) to Heavy Commer- cial (CHV), parcel identification number being 2-15-37-35-OAOO-0001 1-0000. Charles and Myrna Farmer are the property owners, D. Robert Willson is acting as agent on behalf of the property owner - Exhibit 3. Is April 27, 2004 - Planning Board - Page 5 of 7 ACTION - DISCUSSION - VOTE VOTE HoOVER-YEA JONES - YEA KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. Summary of Application: D Robert Willson filed a Rezoning Application on behalf of the property owners, Charles and Myma Farmer. This property, combined with several contiguous properties, is requesting a change in the zoning district, as well as the land use category. If approved, this will create a large parcel of land that could be used for future commercial development. Jim LaRue, City Planning Consultant, briefly explained the Planning Report to the Board Members. Planning Staff Report Summary: The application is a request to change the zoning from Holding to Heavy Commercial, subject to a Future Land Use change from Single Family to Commercial. Planning Staff Report Analysis: (1) The proposed use is not contrary to Comprehensive Plan requirements. The proposed zoning is compatible and consistent with the Comprehensive Plan if the FLUM map is changed to Commercial. (2) The proposed use being applied for is apecifically authorized under the zoning district in the Land Development Regulations. Commercial development is authorized under Heavy Commercial zoning. There are different types of uses that would be allowed. (3) The proposed use will not have an adverse effect on the public interest. This rezoning will not have an adverse effect on the public interest if Site Plan review is performed adequately (4) The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The proposed zoning is compatible with proposed adjacent uses. However, if lands to the South remain residential there would be some compatibility issues. (5) The proposed zoning will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property Uses under this zoning will not adversely affect property values of adjacent ExHiBIT 5 — MAv 4,2004 AGENDA ORDINANCE NO. 858 AN ORDINANCE OF THE CITYOF OKEECHOBEE, FLORIDAAMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition (Petition No. 04-003-R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 5.06 acre(s) from Holding (H) Zoning District to Heavy Commercial (CHV) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS,theCity Council 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, it is ordained before the City Council for the City of Okeechobee, Florida; presented at 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. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: All that part of the North 668.71 feet of the E1/2of E1/2of SWY4of SEY4 of section 15, Township 37 South, range 35, East, less and except the North 50 feet thereof. 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 Holding (H) Zoning District to Heavy Commercial (CHV) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 1 of 2 0 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 4 1h of May, 2004. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 181h day of May, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 City of Okeechobee Date: aalok4 Petition No. 04 - 0(6=R_ General Services Department Fee Paid: Jurisdiction: P6 � 0 t ,d Vxt4"A IT 55 S.E. 3 Avenue, Room 101 1 st Hearing: L+� 2nd Hearing: rLnak P--u 5-ls- G4 oe- Okeechobee, Florida 34974-2903 Publication Dates: q Phone: (863) 763-3372, ext. 218 1 q Do'd 41IR hcly-1 Fax: (863) 763-1686 Notices Mailed: Uniform Land Use Application Rezone - Special Exception - Variance V Name of property owner(s): C �j /VL L %2­5 (y) I VZ. X) pr F 1�&M Vy� A Owner mailing address: /?v C-, D) L. r-- L 9 It 0/-;Y- 1-1 PP Name of applicant(s) if other than owner (state relationship). 'I) jL WCVLC_61,-J L4,An, L I Applicant mailing address: �,1\0 �;C-- a, _V:�6d AV C - Q 4. ? It 1)'7 CName of contact person (state relationship). -1-Z[,QLV WC� A Zr 10 - N T Contact person daytime phone(s): _�_ln Fax: 10) V Property address / directions to property: Indicate current use of property: 1W V\ 'zz& ).�o Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): Q V \1 FAA—\ �r )+nl-vl 1_1�_ T____4J k--4— Approximate number of acres: Is property in a platted subdivision? P Is there a cur -rent or recent use of the property that is/was a violation of county ordinance? If so, describe- R -&-) III 0 Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, P nature and applicant's name: E R Is a sale subject to this application being granted? Vj,-o t.,LL L C T Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: '/ NE7 S Describe adjoining land uses / improvements to the North: VA-c C,4,,,,NA South: CUIIAIJ- LA� I), East: V A<_ West: VA—C, Existing zoning: Future Land Use classification: Actions Requested: L--J`kezone Special Exception (__) Variance Parcel Identification Number: 2 -1,;7- R7- *9�-- 0 A-00 -- DOW I - 0 V 0 0 Confirmation of Information Accuracy 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 1� $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. a M 3,� R_ V 4 WC-L I g ("") I/ P "t Signature Printed Name Date T T-;C­ T ­4 T 1— A -nHrntinn t—, 1 /nA) Page I of 2 C' A-;x Current zoning classification. VW6 Requestcd zoning classification . C- �AV R Miat is your desired permitted use under the proposed classification E Z I CC v-Y1 YvN 104-C �,4A— V CV V-�� V V� VM \,-A/T-- 0 N If granted, will the new zone be contiguous with a like zone? E I -/ < Is a Special Exception necessary for your intended use? Variance? Q ('-� T 45- rrt'n T-"—C-1 V�'- A)Z'T- /,,T- T'H VX Describe the Special Exception sought: S p E C Provide specific LDR ordinance citation. I A L ,kre there other similar uses in the area? Is so, describe E x C E Why would granting your request be in the best interest of the area and residents? p T I 0 If business, briefly describe nature including number of employees, hours, noise generation and activities to be N conducted outside of a building: Describe Variance sought V A R Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so, describe E What is the ininu-nurn variance necessary? Uniforni Land Use Application (rc%, 1/03) Page 2 of 2 0 0 March 29, 2004 City of Okeechobee Checklist for Rezoning and/or Land Use Owner: Farmer Property Tax DD #: 2-15-37-35-OAOO-0001 1-0000 Size: +/- 5 Acres Enclosed is an application for a land use change and a zoning change. This letter is to address items #2, # 10 and #11 of the rezoning application, and item #2 of the land use change application. Zoning Change Application Comments: #2 The applicant is a local real estate broker assisting the owner with a zoning change application. The property is under contract for purchase. #10 The application is a request to change the zoning from Hold to CHV, subject to a land use change from Hold to Commercial which is being simultaneously applied for. The reason for the zoning change request is to help provide the necessary land available for upscale commercial development. At this time, within the City limits there is only minimal commercial land available for development. Of the land available, assemblage opportunities are limited, and if available, cost prohibitive. This change is requested to allow the City the opportunity to attract good quality commercial development that will be needed as Okeechobee grows. #11 At this time, the intend use will vary. The intent is to start the process of obtaining the necessary infrastructure associated with requirements of an upscale commercial development. Land Use Change Application Comment: #2 This application has been presented to apply for a land use change from Residential Single Family to Commercial. The intent of this change request has been addressed above. March 18, 2004 City of Okeechobee Planning Department: 1, Charles Farmer hereby give permission for D. Robert Willson of DR. Willson Land Company permission to represent my interest in seeking a land use change on my property from Single Family to Commercial, as well as a zoning change from Hold to CHV. The property is identified as follows: 2-15-37-35-OAOO-0001 1-0000 +/-5.00 acres, old frame home '0111111,1 Te %N VAYIP41.2', & �'O' � resa C SaUette 'Ir dM*WGUM Date: &P RA 2 12 U Bmded Z�m Charles Farmer oll AUanlic BCMftgCCLrM '.%N� ........ + Teresa C. SaUeft S Pi cmmfidm EVhM FA 1% 2W !Y' Date:, 4— jM4aFarm—er KNIIFAflanlic 13onftgcb..rar State Of Florida, County Of Okeechobee Sworn to and . scribed before me this by Charles a m r and Ny-rin� Farmer who ry Sign u�rree- day of MArch, 2004 are personally know to me. 2-DO " -� I ---\ (0 My Co mis�ion Expires D—SearchResults 9 Page 1 of 2 H 0 M E Record Search GIS Map General Info Exemptions Tangible Tax F A Q Download Forms Contact Us Parcel ID: 2-15-37-35-OAOO-0001 Owner & Property Info Owner's Name FARMER CHARLES & MYRNA Site Address 0, Okeechobee 1818 SOUTHWEST Mailing 28TH AVENUE Address OKEECHOBEE, FL 349745582 UNPLATTED LANDS OF THE CITY ALL THAT Brief Legal PART OF N 668.71 FT OF E 1/2 OF E 1/2 OF SW 1/4 Use Desc. SINGLE FAM (000100) (code) Neighborhood 310600.00 Tax 50 District Market UD Codes 0100 31 Area Total Land 5.060 ACRES Property & Assessment Values 1-0000 Okeechobee County Property Appraiser Show GIS Map I Property Record Card R— — AL HO RM1190 Awkil kx << Prev 11 Of 0 Next >> Land Value cnt: (1) $29,095.00 Just Value $35,494.00 IMkt Ag Land Value cnt: (0) $0.00 Class Value $0.00 IBuildingValue cnt:-(l) $5,968.00 Assessed Value $35,494.00 XFOB Value cnt: (2) $431 00 Total Exempt Value $0.00 Appraised $35,494.00 Total Taxable Value Value $35,494.00 Sales History Sale Date I Book/Page I Inst. Type I Sale VIrnp I Sale Qual Sale RCode Sale Price I N 0 N E Building Characteristics I Bldg Item 1 Bldg Desc Year Bit Heated S.F. Actual S.F. Bldg Value 1 SINGLE FAM (000100) 19 624 624 $5,968.00 Extra Features & Out Buildings Code Desc Year Bit Value Units Dims Condition( % Good) FIRE 1 1STORY E F 1940 I $367.00 1.000 1 0 x 0 x 0 PD (30.00) 1 ODT OPN DRT TN 1940 $64.00 312.000 26 x 12 x PD (10.00) Land Breakdown Lnd Code Desc Units Adjustments 1 Eff Rate I-nd Value 000100 SFR (MKT) 5.060 AC 1.00/1.00/ S1 $5,750.00 $29,095.00 Okeechobee County Property Appraiser Last Updated: 02/09/2004 1 of 6 Next >> I IL 2-15-37-35-DAOO-0001 1 -0000 RN,4JFARMER CHARLES & MY -STA Uil '7'L, 1:1 COAST LINE RAILROAD q. 8' R� UJ FM .1 1 X I I I III F_ T1�1' -I F__ LQ iD I-- u < It i 7 Okeechobee County Property Appraiser Or 25'0 5 0'0 A 0 4�t W.0 "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 IN, ARCEL: 2-15-37-35-OAOO-0001 1 -0000 - SINGLE FAM (000100) 14PLATTED LANDS OF THE CITY ALL THAT PART OF N 668.71 FT, OF E 1/2 OF E 112 OF SW 114 ame: FARMER CHARLES & MYRNA LandVal $29,095.00 te: 0, Okeechobee BldgVal $5,968.00 1818 SOUTHWEST 28TH AVENUE ApprVal $35,49400 ail: OKEECHOBEE, FL 349745582 Justval $35,494.00 ales Assd $35,49400 fo Exmpt $000 Taxable $35,494.0 - 01 This information, Last Updated: 02/09/2004, 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?pjbnlkplhgmeclpofffddhfacbdkkhlidopc... 3/2/2004 11 1 1. �l [2� 21122 24 25 23 RETEN. ie 20 21 r22" 2, 7 24 18.98 A 25 1 27', 26 218 31 32 1.82 AC IE; r-1 S STATE ROAD 70 -irs 5;5 2.64 AC �K C; - 1 46 a 7 2 0 11 J2 4 5 461 6 6 S. 06 AC C 19 817 2 1 �' 3 A. 1 4 11 121 s 6. F2 2.12 AC 4 ITI 'N 4, 1 4 3 2 1 1 6 5 4 2 9 10 11 121 L7 1 9 10 11 5 2 s Al �46 =MTV also 90 ,a" AV 4. :.Juris' A. A It 71 4v LE ANTU SH IMP,- :irdividug gg and al'Tru.,teel, joir" by W. c. H N er UStand - .'Iknd R03C E I.C4RY RAFIX&O for TR15,% MARKHA ,his wi C RLEA 0 vital Mot NOW st, MM. to awitrawat 'intw�' lai R.4 lit 4 -j '10. VVIV'-' -W. ��;' .4 5a., flit' 'A21 that part of the North 6 9-n foot a th of-awk or 53fof 4action 15, Towashig 37 South, ftqnge.'�; - 35'FA8t,. LSR.JIND MEPT the. Plo Y t _7 4 4 4 .1 Ing. 1.0 I_ J# i Id. ii. dit $Pdv� ik� -ral for At"At =14 1014 Ishr Omni's #Ad 16 @*a if sag -glad "4"j _j64'r 2ans_ jW 6j, 1;0 1&0 11111'01-00; All 114,61114101 "1 A41' i0d 6;.41. A.,4JUJI, j",111 A# ;Ilf, r its. Ohl F,,j .4,1 tow di"I its " AcAa "J's4d Ali sia IN.J. (0 to an oftrj'� j did, Ll !,"Up pwiticytt 1 Rf rl STATC FLoarBA �Duit- PF OKEECH -CERTIFY ghol 60'4kis P, HIRABY 4.110`4111,111 Of 4tilt ofmosid.44.4 44 CAW.11 STIN'"i4 is so 4it—"wim; to Wr awimi�;: UZ Ann frnlividuallg CrA 29'TrUotce., �ciqd-:b�'.Widtt dE#VW17A MAru3teg!, joined 6 . a"I'll DOW hi ­t"'d.em Mdia;h �k.6.Wjqd �Ilwv that the Y, w THEM ",ran" k SH er CA ;j j.1L 'S June .7Z; fee Arp...� off .7 In" e 5- 19 fE th sl"et c. 0 =v. rwwcl 33412 k I - 0188 0 1, 11 i,Ali K 1j" Return TO. Okeechobee Alortrald C&T101111Y 207 N.W. 2nd Strest 5 \oAr\ Okeechobee, FL 34972 D-u-1 Stamps paid In Ihei smil Of _ 71 P.75 MAIL TO* $ _ Clain C Intangible Tax paid In the arnount ;hit IF. Oh ... hoh- FL 34074 Shemn Robartion, Ov% of Cimuh CouM Okleadlob" P. C. This Mortgage prepared by' Name! TAM I. Ron.,. Loan finsit.I.. Party: 04 Late National Bank C_,P Addr .. : 1101 Hwy 441 SE. Oke.chobts, FL 34974 MORTGAGE FUTURE ADVANCES MAXIMUM LIEN. The total amount of Indebtstiness etcutild by this Mortgrigo may decrease or Increase from time to time. but the maximum amount of principal Indebtedness which may be outstanding at any onss lime shelf no t exceed $ 45,228.36. plus Interest, and amounts expended or advanced by Lander for the payment of taxes, ]*visa or Insurance an The Property, and Interest on such amounts. THIS MORTGAGE dated February 19. 2002. Is made and executed between CHARLES FARMER and MYRNA FARMER, his wife, whose address Is 1018 SW 28TH AVE, OKEECHOBEE, FL 34974 (referred to below as "Grantor") and Big Lake National Bank. whose address Is 1409 S. Parrott Avenue. Okeechobee, FL 34974 (referred to below as "Lendat"). GRANT OF MORTGAGE. For r.suebl. Giant,, mortgage. to Lamar all of Grantor'. tight, title. am Interest in and to the f.hgwir,p it ... ibM -I plocialIV, together -ilh .11 ..islinfr or ..b."uArtly .,acted it, .11,..d buildings. Irror--tif And fistulas; ON *element,. right* of way. AM appiu,tanancas; .0 water rights. watercourses AM ditch rights (Including stock in utilities With ditch 0, kill; Ilim AGMAJ: And As other right.. Am Profit. I 'w' to he "'1 95 1" Including without limitation on minerals. oil. got. A' geothermal and similar matter.. (the "Real Property") located In OKEEC OBEE County. State of Florida: All that part of The North 608.71 feet of The East 1/2, of East 112 of Southwest 1/4 of Southeast 1/4 of Section 15, Township 37 South, Range 35 East, Okeechobee County. Florida. LESS AND EXCEPT the North 50 feet thereof. The Real Property or fit address Is commonly known as NE 3RD ST, OKEECHOBEE. FL 34972. Grantor p­%tly assigns to Lamar all of Dean- a right. tills. and in-orit ;, AM in all am future lease. of In. P"porly ..it a" R=:.4im, I Proverty. in Addition. Gil- Or-, to Land., A Uniform Commercial Code sac fly interest in tl� Personal Property am Pan FUTURE ADVANCES. Specifically. without fimil,tion. in,, in dd,t.cn 1. the Amount. rucifi.d in the Not., .11 l.t-. ,.*-I. Land., In it, distill- may !... to 8-ow., Within twenty (201 year, .1 the data of this MortgAg.. together With .11 Int .... I th.-n. THIS MORTGAGE. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTFRFST IN THIF RENTS AND PERSONAL PROPERTY. 18 GIVEN TO SECU III (A) PAYMENT OF THE INDEET:DNESS AND 181 PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDEn THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $22, 14.18, THE RELATED DOCUMENTS. AND THIS MORTGAGE. THIS MORTGAG I IS GIVEN AND ACCEPTED ON THE FOLLOWINO TERMS: GRANTOR'S WAIVERS. G­tc, .­ .0 right, or defenses s6ning by reason of any 'one Action' or 's,Ii-dt,ficI,ncy* law. or any other a W w , hA`h may min,­t Lancet from bf,ng;ry am, ­.hrin .0..n.t A cl­ In, d.I,,,.i­y in he ..I.nt Land., , IhA,­i,. entitled to A claim for deficiency. before .1 all., L.ndisn'. corn-an,ent or completion .1 any I.r.O..". e,th,r judicially or by .1 A W-., .1 ­1.. GRANTO 'S REPRESENTATIONS AND WARRANTIES. G­101 -A-nt, that: W this fA­A,g, is ­cul,d At R--s, a ,que,l and not4"I'lial,enus'po' Lamdef; thl Grantor has the [up power. right. am Authority to nt*, into this MartirAge AM to hypothecate the P C) .,y.;n,., ,he d-ntion his th....,.-ult 1, a default und,r Any aq,aamaril or other imallummirt binding M . hor dj or" A inrill on y 1. , 90.tron. t do-4 or order Apol,cahlo to G,anlo,: fill Gilmer has established .1 bwn,hr from S.-w., nn a conhn­g basis InliumAinun hout flor­Wnr s finincial condition: and 1.1 L.M., he. made no ­ A in.tint, to Gianicto about Fk),,oW*, I-nclud,hp m1houl 1­61hilon the Creditworthiness of atutowril. PAYMENT AND PER FORMAN C E. E.cern As othA,.N. n-id.d In hi. Motigep., hall ply 1. Land., .11 Ind.1d.dri ... ...... d hy IN, Mortgage A. It it-. ..it Borrow., and G,#,Io, shelf Wieth, perform .11 And Grant.,'. cbl;g.li... -do, this Mortgage. PO S SESSION AND MAINTENANCE OF THE PROPERTY Itin-.1 am Grantor aps- that flor,owe, A and Grantor's possession am use of the property hall be a.-,..d by the loNo-..o r-ion.: P ...... I— and Us.. Until 'he _I-- .1 an F­f I D.1-It. G­,., may (1) f-in in rin-s,,on And .n,i,,l nf In, P,nM,fv; 121 .,,. ­­ or AnAge the Ptortariv. AM 13, crunci the n,nl� from the frrolut,iy Lkily to M.111P'I, GlAntru hA!l ma,nmn the P,,M,ty cnM,,,nI .,,I P,nmvlly p-,Io,m III ­p ..... .. ri­menm am ,.,n,.n.-. -I. as Air, to it. ­Ii. Compliance With En�ormuehtaf L�7.. Grantor ..it to Limit, that (11 D­nij the pal.ind of ownership .1 he Pcpl,ty, I hA he, h_ _ ii.nI.,minn, 11nI.V. d.l­.1, .1 lhr,.,--d W.... I an, :f­;do.A S.h.111 hy an vo-n ,, u­. an-, n, From Ih. Nn�,Iy; (2) r,­­ h., .1, it ...... n 1. bl.h­ A hall h­ I,a, h,,n. ­rn -- r-,nutly rIn,Il­'I In I'd Al.knnwl-dold by L-W n ­­q, 1.1 lny W­h or �W­h .1 an, Frn,n.n­n1.I L.- 1111 an, u­ c­­­ ., Ih­­­I f an, i1niatdriu, Suh­n­ ,. ,n,l,,. Ahnut or f,nm if- P,n­ty hy any ­n­ , ­.c,.vl,­ t,f th, r,.P,,Iv, n, (r.1 InY 11.1LIf 11 0 NOT P�nw G PAW OF TH'S SURVEY ------ NE 5TH STREET x 33LW -1 7- J 4.78 ACRES:t HOT PUTMD . z 140 —1- = —A "s 339:;r T 23 '�R=10'1. P EECHOBEE UNTY FLORIDA L 7 T_ DoSTINO WOW FRAK I ASSID0.01 HOT SHOWN I z NE 4TH STREET T T > M z . L ­Z. T5 RIVERSIDE PARK P�T BOOK P� �E23 ElE. C U qKEECHOB LIN C NE 3RD STREET BLOCK 121 1 RIVERSIDE PARK P T P40E 23 (EE C UNITY 41 FLORIDA CC ftmsym Rapw� end Boundalry surway (01 a (Pavc(so aq 08nd �Yoflg On alseqlan W, 7(gmnehop 37 a., Range 3a 1E. 7690shaseva N(STMen (01balachabse County, RoToda CRY (09 (01keschob(s)(3) DESCRIPTON ALL TKAT-PART IDF 714E-NORTH 668.71 FEE; -OF THE E 1/2 OF E 1/2 OF SW 1/4 OF SE , /4 OF SECTIO14 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, 'ESS AND EXCEPT THE NORTH 50 FEET THEREOF SURVEYORS NOTES Subject to easements and restrictions of scord. Lands described hereon not abstact6d by this office. Underground utilities and foundations, if arty. are not shown. The description shown herson was provided by the Client and/or hislher agent. Not -lid Without the signature and the Original raised sea, of a Flarida licensed survey" and mapps,. The surveyor did not intr"ow adjoining Wnd own,ers for unrecorded deeds or sassments. Elavations-shown'-!f any, am tweed uL= _qssumsd datum. Lands shown hereon an leaded in Flood Zone C, according to FIRM panel no. 120177 a2OO8. dated 2-4-81 SURVEYORS CERTIFICATE I hereby certify that the attached sketch of Survey of the hereon described property is true and correct to the best of my knowledge o or, mdbeli rveyed im the field under my dirVk supervision. od "' the field supe"'On 'fications no d =my d' ur'7 'u up a 0 '-. Alma.d. 1. Professional Surveyor -Mapper Florida Registration No. LS508i LAST FIELD SURM DATE- MMCH 26, 2004 PREPARED FOR: CHARLES & MYRNA FARMER JAMES R. ALMOND,, �SM 2973 SW 3RD TERRACE OKEECHOBEE. FLORIDA 34074-26134 TEL- �ML3� 467-5700 FAX: (863) 467-6121 atmondOok—hb...corn PR0.9CT NUMBER Field Back FILE I D:ta fllo St. 3967 RW5 T _sHEV � SCALE 1- - 20' R for to met file /. I I .' I 39(57 1 COPYRIGHT. 20o� ok...d.t A, --- 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planningpatt.net Staff Report Rezoning Request Preparedfor.- City of Okeechobee Applicant DA Wilson Land Co. 01wner.- Charles & Myma Farmer From: Holding to Heavy Commercial t Pefifion No. 04-003-R Staff Report Rezoning Request Appl* nt: D.R. Wilson Land Co. Petition No. 04-003-R General Information Applicant: Applicant Address: Applicant Phone Number: Owner: Owner Address: Future Land Use Map Classification Zoning District Use of Property Acreage D.R. Wilson Land Co. 4 10 SE 2" Avenue Okeechobee, FL 34974 863-763-0999 Charles & Myrna Farmer 1818 SW 101 Avenue Okeechobee, FL 34974 Single Family Holding Vacant with old Single Family frame home 5.06 Commercial Heavy Commercial Commercial Development 5.06 Legal Description: All that part of the North 668.71 feet of the E1/2of 0/2 of SW/4 of SE1/4of section 15, Township 37 South, range 35, East, less and except the North 50 feet thereof. Request: The applicant is requesting a zoning change for a 5 acre parcel from the Holding Zoning District to the Heavy Commercial Zoning District. There is a companion request for this property to change the Future Land Use from Single Family to Commercial. Adjacent Future Land Use Map Classifications and Zoning Districts: North: East: South: I West: Future Land Use Map Classification: Zoning District: Existing Land Use: Future Land Use Map Classification Zoning District: Existing Land Use: 'Future Land Use Map Classification: Zoning District: Existing Land Use: Single Family Holding Vacant Unincorporated Unincorporated Vacant Commercial Holding Commercial Land Future Land Use Map Classification: I Single Family (PAGE I 0 0 Staff Report Applicant: D.R. Wilson Land Co. Rezoning Request Petition No. 04-003-R Zoning District: Holding Existing Land Use: Vacant The application is a request to change the zoning from Holding to Heavy Commercial, subject to a Future Land Use change from Single Family to Commercial. Analysis I 1. The proposed use is not contrary to Comprehensive Plan requirements. The proposed zoning is compatible and consistent with the Comprehensive Plan if the FLUM map is changed to Commercial. 2. The proposed use being appliedfor is specifically authorized under the zoning district in the Land Development Regulations. Commercial development is authorized under Heavy Commercial zoning. There are different types of uses that would be allowed. 3. The proposed use will not have an adverse effect on the public interest. This rezoning will not have an adverse effect on the public interest if Site Plan review is performed adequately. 4. The zoning is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The proposed zoning is compatible with proposed adjacent uses. However, if lands to the South remain residential there would be some compatibility issues. 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. Uses under this zoning will not adversely affect property values of adjacent property. 6. The proposed use can be suitably bufferedjrom surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood Con�mercial uses contemplated for this site can be properly buffered if needed. [PAGE I Staff Report App" nt: D.R. Wilson Land Co. Rezoning Request Petition No. 04-003-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Density is not an issue. Utility accommodations, especially in the sewer area, need to be addressed. Right-of-way and road construction commitment by applicants need to be made. 8. The proposed use will not create tra c congestion, flooding or drainage problems, Iff, or otherwise affectpublic safety. Traffic impacts should be accounted for by a traffic impact study with some accommodation made for future streets. 9. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The request is consistent with the Comprehensive Plan and will not grant a special privilege to the applicant. 7--Summary and Conclusions Prior to Certification At this time the property does not have sewer access. OUA has no plans to run sewer any further east along Highway 70, and no fixther South then the new Industrial Commerce Center which will be north of the railroad. All septic issues need to be addressed by the Health Department to determine if there is adequate pervious area to accommodate heavy commercial uses (i.e. restaurant, etc.). Otherwise plans to tie in to the sewer should be made. I Recommendation Staff recommends approval of the request to allow rezoning from Holding to Heavy Commercial conditioned upon the above issues being addressed. Submitted by: James G. LaRue, AICP Planning Consultant April 20, 2004 {PAGE ) AGENDA IV. NEW BUSINESS, CONTINUED. B. Rezoning Petition No. 04-002-R, continued. C. Rezoning Petition No, 04-003-R. Consider a recommendation to the City Council to rezone the property located on the North side of State Road 70 East, across from the United States Post Office, from Holding (H) to Heavy Commer- cial (CHV), parcel identification number being 2-15-37-35-OAOO-0001 1-0000. Charles and Myrna Fanner are the property owners, D Robert Willson is acting as agent on behalf of the property owner - Exhibit 3. Avril 27, 2004 - Planning Board - Page 5 of 7 ACTION - DISCUSSION - VOTE VOTE HOOVER - YEA JONES - YEA KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. Summary of Application: D. Robert Willson filed a Rezoning Application on behalf of the property owners, Charles and Myrna Fanner This property, combined with several contiguous properties, is requesting a change in the zoning district, as well as the land use category. If approved, this will create a large parcel of land that could be used for future commercial development. Jim LaRue, City Planning Consultant, briefly explained the Planning Report to the Board Members. Planning Staff Report Summary: The application is a request to change the zoning from Holding to Heavy Commercial, subject to a Future Land Use change from Single Family to Commercial. Planning Staff Report Analysis: (1) The proposed use is not contrary to Comprehensive Plan requirements. The proposed zoning is compatible and consistent with the Comprehensive Plan if the FLUM map is changed to Commercial. (2) The proposed use being applied for is apecifically authorized under the zoning district in the Land Development Regulations. Commercial development is authorized under Heavy Commercial zoning. There are different types of uses that would be allowed. (3) The proposed use will not have an adverse effect on the public interest. This rezoning will not have an adverse effect on the public interest if Site Plan review is performed adequately. (4) The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The proposed zoning is compatible with proposed adjacent uses. However, if lands to the South remain residential there would be some compatibility issues. (5) The proposed zoning will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property Uses under this zoning will not adversely affect property values of adjacent AGENDA IV. NEW BUSINESS, CONTINUED. C. Rezoning Petition No. 04-003 -R, continued. April 27,2004 -Planning Board -Page 6 of 7 ACTION - DISCUSSION - VOTE property (6) The proposed use can be suitably buffered from surrounding uses, so as to reduce thc impact of any nuisance or hazard to the neighborhood. Commercial uses contemplated for this site can be properly buffered if needed. (7) The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety Density is not an issue. Utility accommodations, especially in the sewer area, need to be addressed. Right-of-way and roa� construction commitment by applicants need to be made. (8) The proposed use has not been inordinately burdened by unnecessary restrictions. Traffic impacts should be accounted for by a traffic impact study with some accommodation made for future streets. (9) The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The request is consistent with the Comprehensive Plan and will not grant a special privilege to the applicant. Planning Staff Summary and Conclusions Prior to Certification: At this time the property does not have sewer access. OUA has no plans to install sewer any further east along Highway 70, and no further South than the new Industrial Commerce Center which will be north of the railroad. All septic issues need to be addressed by the Health Department to determine if there is adequate pervious area to accommodate heavy commercial uses (i.e. restaurant, etc.) Otherwise plans to tie in to the sewer should be made. Planning Staff Recommendation: Staff recommends approval of the request to allow rezoning from Holding to Heavy Commercial conditioned upon the above issues being addressed, There was no public comment. There was no discussion from the Board. Board Member Ledferd made a motion to recommend to City Council to approve Rezoning Petition No 04-003-R, based on Planning Staff s recommendations; seconded by Board Member Keller AGENDA IV. NEW BUSINESS, CONTINUED. C. Rezoning Petition No 04-003-R, continued. V. ADJOURNMENT -Chairman PLEASE TAKE NOTICE AND BE ADVISED that ifany person desires to appeal any decision made by the Planning Board with respectto any matter considered at this proceeding, such interested person will need a record ofthe proceedings, and forsuch purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based General Services tapes are for the sole purpose of backup for official records of the Department. Jerry Walker, Chairman ATTEST Katrina Vinson, Secretary April 27, 2004 - Planning Board - Page 7 of 7 ACTION - DISCUSSION - VOTE VOTE HOOVER -YEA JONES - YEA KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Walker adjourned the meeting at 7.45 p.m. ExHiBtT 6 — MAY 4,2004 AGENDA 100* MEMORANDUM To: Mayor Kirk and City Council From: John Cook, City Attorney Subject: Sale of Lot 1 to OUA Date: May 4, 2004 This agenda item is the request of OUA to place or expand a lift station onto Lot 1, Block K, which the City has owned for many years. It is located at the intersection of SE 7' Street and SE 6' Avenue; while OUA initially requested only easement access to the lot with a use agreement for the H station, it appears the entire lot will be subject to the use, and an outright sale of the lot is recommended by staff. The tax assessor has listed the lot value at $67,060.00; however, tax appraisals are not admissible in court as evidence of true value, and its highest and best use appraisal value would well exceed that amount. The City, of course, has the obligation to the taxpayers to make the best use or investment of all City assets. It is not believed to be a necessity for our purposes to incur the appraisal expense, so it is further the recommendation of staffthat the Council approve this sale at a price of $77,180.00. 0 7� PREPARED BY & RETURN TO John R. Cook 55 S.E. 3' Avenue Okeechobee, FL 34974 PARCEL I.D. NO. 3-22-37-35-0030-OOOKO-0010 04 QUIT CLAIM DEED THIS WARRANTY DEED, made this day of .2004, by CITY OF OKEECHOBEE, FLORIDA, a municipal corporation existing under the laws of the State of Florida, hereinafter called the grantor(s) to: OKEECHOBEE UTILITY AUTHORITY, a public entity organized and authorized under the laws of the State of Florida, grantee(s); WITNESSETH: That the grantor, for and in consideration of the sum of Ten Dollars ($10.00), and othervaluable considerations, the receipt ofwhich is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in Okeechobee County, State of Florida, vis: Lot 1, Block K, CENTRAL PARK SUBDIVISION, per warranty deed dated February 28, 1978 and recorded at OR Book 213, Page 317, Public Records, Okeechobee County, Florida, consisting of .198 acres more or less; SUBJECT to restrictions and easements of record, which grantee(s) assume. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor(s) hereby covenant with the said grantee(s) that the grantor(s) are lawfully seized of the said land in fee simple; that the grantor(s) have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of an encumbrances, except taxes accruing subsequent to December 31, 2003. IN WITNESS WHEREOF, the said grantor(s) have signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of - (Signature) By: (Print Name) (Signature) (Print Name) CITY OF OKEECHOBEE, FLORIDA JAMES E. KIRK, MAYOR 0 0 STATE OF FLORIDA COUNTY OF OKEECHOBEE I HEREBY CERTIFY that on this day, before me, an officer duly authorized to take/ administer oaths and take acknowledgments, personally appeared JAMES E. KIRK, Mayor, City of Okeechobee, Florida, who is personally known to me, or who produced as identification; known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that he executed same, and an oath (was) (was not) taken. WITNESS my hand and official seal in the County and State last aforesaid this day of 2004. NOTARY PUBLIC My Commission Expires: Printed Notary Name ATTEST: Lane Gamiotea, City Clerk APPROVED AS TO LEGAL FORM: John Cook, City Attorney D—SearchResults H 0 M E Record Search GIS Map General Info Exemptions Tangible Tax F A Q Download Forms Contact Us 0 Parcel ID: 3-22-37-35-0030-OOOKO-0010 04 Owner & Property Info Owner's Name CITY OF OKEECHOBEE Site Address 0, Okeechobee Mailing 55 SE 3RD AVENUE Address OKEECHOBEE, FL 349742903 CENTRAL PARK LOT I & Brief Legal ADJACENT ALLEY BLOCK K Use Desc. MUNICIPAL (008900) (code) Neighborhood 256650.00 Tax 50 I � District UD Codes 0100 Market lArea 70 I Total Land Area 0.198 ACRES Property & Assessment Values Mkt Land Value cnt: (1) $67,060.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (0) $0.00 XFOB Value cnt: (6) $0.00 Total Appraised $67,060.00 Value 0 Page I of 2 Okeechobee County Property Appraiser Show. GIS Map I Property Record Card 10J6 'm < < Prev 1 of 0 Next >> Just Value Class Value Assessed Value Exempt Value Total Taxable Value $67,060.00 $0.00 $67,060.00 (code: 04) $67,060.00� $0.00� Sales History Sale Date Book/Page 1 1 Inst. Type Sale VImp Sale Qual Sale RCode Sale Price 2/1/1978 0/0 03 V Q $5,000.00 Building Characteristics Bldg Item I Bldg Desc I Year Bit I Heated S.F. Actual S.F. I Bldg Value N 0 N E Extra Features & Out Buildings Code I Desc I Year Bit I Value I Units I Dims Condition (% Good) N 0 N E Land Breakdown Lnd Code I Desc Units I Adjustments Eff Rate Lnd Value 008900 MUNICIPAL (MKT) 47.900 FF (. 198AC) - 1.00/1.00/1.00/1.00 $1,400.00 $67,060.00 Okeechobee County Property Appraiser Last Updated: 3/15/2004 1 of 1 lk http://www.okeechobeepa.com/GIS/D—SearchResults.asp 3/17/2004 O—SearchResults 0 0 Page 2 of 2 I HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I F A Q I Contact Us I This information was derived from data which was compiled by the Okeechobee County Property Appraiser's Office so governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of I property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, Ws use, or it Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment Property Appraiser Web Site Design, Record Search & GIS Mapping Interface- Copyright 2001, by Grizzly Lo( http://www.okeechobeepa.com/GIS/D—SearchResults.asp 3/17/2004 9 0 M 23 S E -7 T H S 2 EXISTING FACILITIES PROPOSED FACILITIES WET WELL VALVE BOX ODOR CONTROL FUEL TANK GENERATOR R / vv, R/11.1 222 (1311�)PO 0160000 22237(481110 2 AC 3 23 35001000K)0010 OOOOKDO020 0 0 0 ExHIBIT 7 — MAY 4,2004 AGENDA VACANT LAND CONTRACT I. PARTIES & DESCRIPTION OF PROPERTY: 1. Sale and Purchase: The City of Okeechobee, Florida (hereinafter seller) and Federal Cast Stone, Inc., a Florida corporation (hereinafter buyer), agree to sell and buy on the terms and conditions specified below on the property described as: 2. Location: Okeechobee Commerce Center, N.E. 9' Avenue Okeechobee, Florida 3. Legal DescriDtion: Lots 7, 8, 9, 10, 11, and 12, Okeechobee Commerce Center per plat thereof, filed in the public records, at plat book page , public records, Clerk of the Circuit Court, in and for Okeechobee County, Florida, consisting of 3.8 acres; 3.2 acres; 3.1 acres; 2.9 acres; 3.5 acres, and 3.5 acres, respectively, for a total of 20 acres, more or less, with an option to purchase Lots 6, 13 and 14, which is set forth by separate agreement. 4. Including all imvrovernents thereon: none, other than finished street access with potable water and solid waste/wastewater service connections available at the city right of way immediately adjacent to the sub ect parcel(s) as more particularly set forth hereafter. j 11. PRICING AND FINANCING: 1. Purchase Price: $5,000-00 per acre, total price: $100,000.00 payable in U.S. fimds as follows: 2. $ 10,000.00 deposit received (checks subject to clearance) by: (name) on behalf of buyer who will act as escrow agent. 3. Total financing: None 4. $90,000.00 balance to close (not including buyers closing costs, prepaid items, and prorations). All funds paid at closing must be paid by locally drawn cashier's check, official check or wired fimds. 111. CLOSING DATE/OCCUPANCY: 1. This contract will be closed and the deed and possession delivered on or before the I" day of June, 2004, unless extended by other provisions of this contract. Page I of 7 0 0 2. Closing Procedures/Costs: Closing will take place in the county where the property is located and may be conducted by electronic means. In addition to other expenses provided in this contract, seller and buyer will pay the costs indicated below: (a) Sellers costs: Seller will pay doc stamps on the deed and recording expenses for documents needed to cure title; certified, confirmed and ratified special assessment liens; title evidence; and other if applicable: (b) Buyers costs: Buyer will pay doc stamps, intangible tax and recording fees on notes and mortgages and recording fees on the deed and financing statements; loan expenses; pending special assessment liens; lenders title policy at the simultaneous issue rate; inspections; survey and sketch; property i n s u r a n c e a n d o t h e r i f applicable: (c) Evidence of title: Seller will provide to buyer owners title insurance commitment as title evidence no later than ten (10) days prior to closing; seller to select title insurance provider; each party to pay their own attorneys fees in the closing. (d) Prorations: none (e) Tax withholding: Buyer and seller will comply with Foreign Investment in Real Property Tax Act, which may require seller to provide additional cash at closing if seller is a foreign person as defined by Federal law. IV. PROPERTY CONDITION: 1. Land Use: Seller will deliver property to buyer at closing at the time agreed in its present unimproved condition, but it is not sold "as is"; Seller and buyer recognize that the property consists of platted lots in a proposed industrial park owned by seller, with improvements subject to the terms of this sale, and to existing state or federal grant funding. The use of the property is to construct a commercial business within an industrial zoned park, and such use(s) shall be subject to compliance by buyer with all local, state and federal land use and grant requirements, and with deed restrictions yet to be recorded with the clerk of the circuit court; which may be subject to flirther revision by seller upon notice to buyer, and which restrictions are incorporated herein by reference and made a part hereof as exhibit "A". 2. Condition of Property: Seller covenants herein that prior and subsequent to the closing contemplated herein, that it will continue to make improvements to the subject Okeechobee Commerce Center as called for in its construction and engineer drawings with Craig A. Smith & Associates of Royal Palm. Beach, Florida and the state of Florida CDBG and transportation grant funding, and the EDA (Economic Development Administration ) grant through the federal government, such requirements being in place as obtained by seller through grant administrator Nancy Phillips & Associates; (terms and conditions of construction and engineering plans and documents, and all state and federal grant funding Page 2 of 7 0 0 requirements are not attached hereto, but are known to buyer and incorporated herein by reference and made a part hereof) to deliver to buyer upon completion thereof the following improvements which will permit buyer to commence construction of its commercial business: ... an access bridge across Taylor Creek at the Eastern terminus of N.E. 9' Avenue; finished paved roadways from the Taylor Creek bridge, which road will for the time being terminate at the southern boundaries of lots 7 & 12 as set out in the plat; potable water, and solid waste/wastewater fines to the lots purchased with suitable connections located in the public rights of way immediately adjacent to the lots purchased by buyer; payment of utility service availability charges to Okeechobee Utility Authority, excluding connection fees or charges; and, subject to funding, finished paved streets through the Commerce Center to join Douglas Brown Park residential district at the eastern boundary of the Center. Buyer understands that the utility service availability charges paid by seller only permit a twenty-four month time period of guarantee of service, commencing on or about June 1, 2004, and that buyer must be operational within said time period. Further, the buyer acknowledges that the construction plans call for a railroad spur into the Commerce Center, but that (a) the railroad company has presently indicated it will not deliver to the Commerce Center until additional owners or tenants are in place; (b) buyer is able to commence business operations without the railway spur; and (c) such railway spur will be constructed by the city but the time and date of its completion is not known at the time of this contract. The parties understand and agree that time period for completing the improvements and the funding available for such improvements are subject to state and federal grant funding conditions and requirements. Seller does warrant that at the time buyer seeks a certificate of occupancy for its initial commercial structure, the necessary improvements will be in place to permit commencement of business from seller's selected location. The agreements of seller in this regard shall continue and survive the closing and this contract and be enforceable covenants for the benefit of buyer. 3. Buyers Obligations: Buyer understands that the grant funding requirements of the seller to commence funding for construction of the commerce center are subject to vertical construction commencing at the Commerce Center on a strict timeline. Therefore, buyer agrees and covenants that it will immediately commence necessary engineering, planning, funding, and other required acts preliminary to construction of its commercial building(s) upon the date ofthe closing set forth; will present preliminary engineered drawings and plans for review, comment and approval to the Technical Advisory Committee for the seller no later than the first week of July 2004; and will thereupon commence actual construction on its selected lots no later than August 1, 2004. No extensions of time will be granted to this schedule excepting delay due to act of God; or delays that buyer can demonstrate are absolutely beyond its control; or by written agreement of the parties. 4. No Feasibility Study: Buyer is satisfied that the property is suitable for buyers purposes, including being satisfied that public solid waste and water are available to the property or that such will be approved and in place as provided by this contract; and that Page 3 of 7 0 0 existing zoning, land use, or other pertinent regulations and restrictions, such as subdivision or deed restrictions, concurrency, growth management and environmental conditions are acceptable to buyer. This contract is not contingent on buyer performing any finther or additional inspections of the property. Further, buyer understands it gains or possesses no vested interest in the time and manner of completion of the remainder of the industrial park by seller or its agents, or the addition of other owners, tenants or lessees, and is limited at the time of closing contemplated herein to the covenants of seller to make the improvements described herein necessary to permit buyer to have access and construct its business ; to obtain a certificate of occupancy; and open for business to the public. V. TITLE: 1. Seller will convey marketable title to the property by statutory warranty deed as appropriate to sellers status. 2. Title Evidence: Title evidence will show legal access to the property, and marketable title of record in seller in accordance with current title standards, adopted by the Florida Bar, subject only to the following title exceptions, none of which prevent buyers intended use ofthe property as a commercial business in an industrially zoned commerce center: covenants, easements and restrictions of record; matters of plat; existing zoning and governmental regulations; off, gas and mineral rights of record if there is no right of entry; current taxes; mortgages that buyer will assume; and encumbrances that seller will discharge at or before closing. Seller will, prior to closing, deliver to buyer the sellers choice of on the following type of title evidence which must be generally accepted in the county where the property is located: a title insurance commitment issued by a Florida licensed title insurer in the amount of the purchase price and subject only to title exceptions set forth in this contract. Buyer will examine the title evidence and deliver written notice to seller within 5 days from receipt of such title evidence but no later than closing, any defects which make title unmarketable. Seller will have 30 days from receipt of buyers notice of defects (curative period) to cure the defects at sellers expense. If seller cures the defects within the curative period, seller will deliver written notice to buyer and the parties will close the transaction on the closing date or within 10 days from buyers receipt of sellers notice if closing date has passed. If seller is unable to cure the defects within the curative period, seller will deliver written notice to buyer and buyer will, within 10 days from receipt of sellers notice, will accept title with existing defects and close the transaction, or cancel this contract. Buyer may fijrther, prior to closing date, and at buyers expense, have the property surveyed and deliver written notice to sell within 5 days from receipt of survey but no later than closing, of any encroachments on the property or claims of others. Any such encroachment or claim shall be treated in the same manner as a title defect herein, and buyer and sellers obligations will be determined in accordance with the language above written. Page 4 of 7 VI. MISCELLANEOUS: 1. The effective date of this contract is the date on which the last of the partes initials or signs the latest offer. Time is of the essence for all provisions of this contract. All time periods expressed as days will be computed in business days, which is every calendar day except Saturday, Sunday, and legal holidays. If any deadline falls on a Saturday, Sunday or legal holiday, performance will be due on the next business day. All time periods will end at 5:00 p.rrL local time ofthe appropriate day. 2. All notices will be in writing and made to the parties by mail, personal delivery or electronic media. VII. COMPLETE AGREEMENT: This contract is the entire agreement between buyer and seller. Modifications of this contract will not be binding unless in writing, signed and delivered by the party to be bound. Handwritten or typewritten terms inserted in or attached to this contract will prevail over preprinted terms. If any portion of this contract is determined to be unenforceable, the remainder will remain in full force and effect. VIII. ASSIGNABILITY: This contract shall not be assigned by buyer without sellers written consent, which shall not be unreasonably withheld by seller. This contract is binding on the heirs, administrators, executors, personal representatives or successors in interest of buyer and seller. IX DEFAULT AND DISPUTE RESOLUTION: 1. Seller: If for any reason other than failure of seller to make sellers title marketable after diligent effort, seller fails, refuses or neglects to perform this contract, buyer may choose to receive a return of buyers deposit without waiving the right to seek damages or to seek specific performance of the contract. 2. Buyer: If buyer fails to perform this contract within the time specified including the timely payment of all deposits, seller may choose to retain and collect all deposits paid and agreed to be paid as partial liquidated damages, or to seek specific performance of the contract. 3. Additional Liquidated Damages/Enforcement: Due to the nature of this contract as it pertains to the requirements of section IV herein, which require seller to complete and provide certain improvements to buyer subsequent to closing; and of buyers obligations to perform timely in construction ofhis improvements to the real property, and the difficulty in determining exact damages for failure of such covenants, the parties agree to assess liquidated and agreed damages and remedies Page 5 of 7 0 0 for such default, as follows: (a) In the event seller should fail to provide the improvements to the commerce center as promised and in accordance with grant funding requirements and existing engineered construction plans within the timetable set under the grant funding guidelines, buyer shall notify seller thereof in writing of such breach, provide a time to cure of 90 days, and upon failure to cure, buyer is then entitled to bring suit against seller for all damages as buyer may prove have been incurred as a result of the failure or delay of seller to so perform. The seller expressly states that any remedy claimed or sought against seller shall not in any way be permitted or construed to be a waiver of sovereign immunity granted to the city of Okeechobee under the laws of the State of Florida, which buyer understands and accepts. (b) In the event buyer should f" to perform its covenants by not commencing construction of its commercial building(s) by August 1, 2004, unless extended, and fails to so commence within 30 days of written demand of the seller, seller will impose a liquidated damages penalty of $500.00 per day for each day buyer fails to so perform; if such failure to commence construction continues after such written demand of seller for a total period of 90 days or more, which includes the 30 day notice period, then buyer covenants and agrees that it shall deed the property back to seller, with all monies paid or advanced by buyer being refimded to buyer for the purchase price, excepting accrued liquidated damages, and such other damages that seller can demonstrate have been incurred by seller as a result of buyer's breach. (c) For any dispute that arises under the terms and conditions of this contract and subsequent issues concerning sellers and buyers obligations hereunder, the aggrieved party shall provide the other 30 days written notice of the dispute, and unless otherwise resolved by the parties, shall be submitted to non -binding mediation prior to initiation of litigation. The mediator cannot alter the terms of this agreement or recommend award of any remedy not provided for in this contract. The parties shall equally divide all costs of mediation. Prior to mediation, the parties shall have the right to seek information or documents from the other in order to prepare under the maimcr permitted in Florida Rules of Civil Procedure, excepting oral depositions of a party or witness. (d) In the event litigation does ensue between the parties, the venue for such action is agreed to be the Circuit Court in Okeechobee County, Florida. The party determined by the presiding judge to be the prevailing party in such action shall be additionally entitled to recover all court costs, and attorneys fees that are deemed to be reasonable and customary within Okeechobee County, Florida. There shall be no rule of construction implied or permitted that the contract terms should be construed against seller as drafting entity. X. BINDING AGREEMENT. This contract is intended to be a legally binding contract. If not fully understood, seek the advise of an attorney prior to signing. Buyer acknowledges receipt of a copy of this contract, and all exhibits, restrictions, plans and documents incorporated herein. Page 6 of 7 0 0 XI. OFFER AND ACCEPTANCE. This contract or counteroffers thereto shall be finally accepted by all parties on or before June 1, 2004, at 4:00 p.m., or the offer shall expire. BUYER offers to purchase the described property subject to all tenns and conditions stated herein. Date: BUYER: FEDERAL CAST STONE, INC., a Florida Corporation 0 Sandra Myer, President 661 N.W. Sunset Drive Stuart, Florida 34994 SELLER agrees to sell the described property subject to all tenns and conditions stated herein. Date: SELLER: CITY OF OKEECHOBEE, FLORIDA LIZA ATTEST: Lane Gamiotea, City Clerk Legal Form Approved: John R. Cook, City Attorney James E. Kirk, Mayor 55 S.E. 3' Avenue Okeechobee, Florida 34974 Page 7 of 7 ExHIBIT 8 — MAY 4,2004 AGENDA DECLARATION of Protective Covenants, Restrictions, Reservations, Servitudes and Easements Affecting COMMERCE CENTER THIS DECLARATION is made by City Council City of Okeechobee, Florida, (hereinafter referred to as "Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of certain real property located at OKEECHOBEE COMMERCE CENTER in the City of Okeechobee, State of Florida, and WHEREAS, the real property is more particularly described by the plat thereof; (see attached exhibit 44A99) WHEREAS, Declarant is desirous of subjecting certain real property to the protective covenants, restrictions, reservations, servitudes, and easements hereinafter set forth, each and all of which is and are for the benefit of said property and of each present and future tenants thereof, or any part thereof. WHEREAS, the purpose of these Covenants and Restrictions is to establish uniform standards of development quality for Light Industrial, Commercial, Research, and Office Park known as OKEECHOBEE COMMERCE CENTER. NOW THEREFORE, Declarant does declare that certain real property be subject to the covenants, restrictions, reservations, servitudes and easements hereinafter set forth as follows: PARAGRAPHI. Definitions, Property Rights, Covenants for Maintaining Assessments, Maintenance and Repairs, Architectural Control, and Application of Environmental Protection DEFINITIONS The following words, when used in this Declaration shall have the following meaning: A. Industrial Park shall mean the "OKEECHOBEE COMMERCE CENTER". Industrial Park shall initially consist of those lots as indicated on the plat attached as exhibit "A"; which Industrial Park may be expanded by the addition of one or more similar tracts of lands ("Additions") which may be developed by the Okeechobee City Council, as more particularly provided in this section. Page I of 20 0 0 Each Addition shall be contiguous to either the initial platted parcels, or a prior Addition to Industrial Park. As used herein, the term "contiguous" shall be used to describe two properties which have a common boundary line or which are separated by one or a combination of streets, roads, highways, sidewalks, paths, alleyways or other thoroughfares, together with medians and other dividers. 2. Each Addition shall have a name which includes the name "OKEECHOBEE COMMERCE CENTER", and additional words which distinguish the Addition to Industrial Park from the initial platted park and the other Additions to Industrial Park such as "First Addition ... Second Addition", etc.. The Declaration of Covenants and Restrictions with respect to the Addition shall be in substance substantially the same as the Declaration with respect to the Initial platted park, unless approved by the Okeechobee City Council. As used in this Declaration the terms "Plat" and "Declaration" shall include not only the original of a Plat or Declaration, but also any and all amendments thereto. B, Common Area shall mean and refer to all real and/or personal property which the City Council City of Okeechobee, Florida own and will for the common use and enjoyment of the grantees, tenants, or lessees of OKEECHOBEE COMMERCE CENTER, and all real and/or personal property within or in the vicinity of the Initial platted park in which the City of Okeechobee has an interest for the common use and enjoyment of the grantees, tenants, or lessees of OKEECHOBEE COMMERCE CENTER, including without limitation, a right of use (such as, but not limited to, easements for surface water collection and retention). The use of the Common Area shall be restricted to park landscape, entry features, directional graphic system, drainage, landscape medians, security, safety, pedestrian/bicycle paths, roads, project lighting and recreational purposes or any other use to which a majority of the grantees, tenants, or lessees ofthe OKEECHOBEE COMMERCE CENTER may accede, but shall not include any lots owned by the city of Okeechobee that remain unsold or not leased to any grantee, tenant or lessee. C Lot shall mean and refer to any parcel of the Property in the Initial platted park, together with any and all improvements thereon, and identified as such on the Plat, on which and industrial, office or other structure according to the terms of this Declaration could be constructed whether or not one has been constructed, and shall include any "combination lot" described herein. D. Initialplattedpark or Property shall mean and refer to all properties which are subject to this Declaration, more specifically described in Exhibit"A7. 11. PROPERTY RIGHTS Every grantee, tenant, or lessee shall be subject to these restrictions, as well as each assignee or successor in interest of such grantee, tenant, or lessee. Every grantee, tenant or lessee shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title of portions of the Property, subject to the following: Page 2 of 20 0 0 A. Rules and regulations governing use and enjoyment of the Common Area adopted by the City; and which may be amended from time to time upon reasonable notice to each owner or lessee. and B. Restrictions contained on any and all plats of all or any part of the Common Area or filed separately with respect to all or any part of parts of the Property. C in the event the owner of a parcel(s) within the industrial park designated as such on the records of the clerk of court Okeechobee County, Florida elects or should sell or transfer the parcel(s) by deed to another person or entity, including all improvements thereon, said owner shall, prior to consummating such sale or transfer, first notify the city of Okeechobee of its intent to so sell or transfer the property, and the city of Okeechobee is herein granted right of first refusal to purchase the parcel and all improvements thereon. The owner shall produce a contract for sale and purchase which it has negotiated with a buyer in good faith and in which the total purchase price is set forth for the land and all improvements thereon, and any other particulars of the proposed sale. The city reserves the right to inquire into the validity and arms -length dealing in the contract for sale, and shall notify owner within thirty (30) days as to whether it intends to enter into a written agreement with owner to exercise its right of first refusal and purchase the property. If such right is not exercised by the city, the owner is free to proceed with the sale to its proposed buyer, said sale subject to these deed restrictions and other applicable local, state or federal regulations. D. Regardless of the city's right of first refusal to purchase, the sale, assignment or lease of a parcel, or a parcel and business located thereon in the industrial park is further first subject to review and approval by the city of Okeechobee, to determine the nature of the business proposed at the site. Such approval shall not be unreasonably withheld and its purpose is to assure compliance with these deed restrictions, and to ensure the creation oflobs, promote the economic vitality of the city, and to comply with all applicable state or federal grant funding requirements. Every owner, tenant or lessee of a parcel in the industrial park shall notify the city of Okeechobee in writing at least sixty (60) days prior to a proposed sale, lease, or assignment of a parcel or a parcel and business located thereon for investigation under this part and approval by the city. The city reserves the right under this section to compel assurances of compliance with these restrictions herein by existing or proposed owners, tenants or lessees. E. No owner, tenant, employee, agent of an owner or tenant within the industrial park shall conduct the business or enterprise thereon in a manner to discriminate against any person or entity on account of race, religion, national origin or ethnicity. Ill. COVENANTS FOR MAINTAINING ASSESSMENTS A. Creation ofthe Lien andPersonal Obligation ofAssessments. Each tenant, grantee, or lessee of any portion of the Property from time to time constituting a Lot, as said term is hereinabove defiried (by acceptance of a lease for such portion of the Property, whether or not it shall be so expressed in any lease or other conveyance) including any purchaser at a judicial sale or other successor in interest, shall be deemed to covenant and agree to pay to the city any annual assessments or other charges, and any special assessments to be fixed, established, and collected from time to time as hereinafter provided. All such assessments, together with interest thereon from the due date at the maximum rate allowable by law and costs of collection thereof (including reasonable attorney's fees), shall be a charge on the Lot and shall Page 3 of 20 0 0 be a continuing lien upon the Lot(s) against which each such assessment is made, and shall also be the personal obligation of the tenant, grantee, or lessee. No tenant, grantee, or lessee may waive or otherwise escape liability for the assessment provided for herein by non-use of the Common Area or by abandonment. No portion of any Property which does not constitute a Lot as that term is defined herein will be liable for any annual or special assessment under this section. B. Purpose ofAssessments. The annual and special assessments levied by the city shall be used exclusively for the purpose of promoting the health, safety, security, and welfare of the tenants, grantees, or lessees ofLots included in the OKEECHOBEE COMMERCE CENTER (the Initial platted park and Additions) and in particular for the improvements and maintenance of the Common Areas of the OKEECHOBEE COMMERCE CENTER and of any easement in favor of the city, including, but not limited to, the cost of , labor, materials, maintenance, and supervision thereof, for the purpose of maintaining or improving the entrance -way and signage of the OKEECHOBEE COMMERCE CENTER, for planting trees and shrubbery and the care thereof within a public right-of-way, for improving and maintaining the entrance sign and landscaping, for routine maintenance of the drainage/swale system, for regular maintenancelmowing of vacant property and rights of way, maintaining lighting, as well as for such other purposes as are permissible activities of, and undertaken by, the city of Okeechobee; excluding however such maintenance as would be considered a capital improvement or major repair. C SpecialAssessmentsfor Capital Improvements andMajor Repairs. In addition to any annual assessments, the city of Okeechobee may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, unexpected repair or replacement of a capital improvement as approved by the City Council City of Okeechobee, Florida, including the necessary fixtures and personal property related thereto, so long as such assessment(s) are a benefit to the lot owner, tenant or lessee, and further provided that any such assessment shall have the assent of two-thirds (2/3) of the tenants, grantees, or lessees. Capital improvements and major repairs shall include but may not be limited to paving or re -surfacing the streets and rights of way; extension or repair of wastewater lines; extension or repair of the, railway spur into the park; repair or replacement of the bridge entering the park across Taylor Creek; creating or improvement of drainage swales, ponds or ditches. D. Duties ofthe Okeechobee City Council. The City Council City of Okeechobee, Florida shall fix the date of commencement, and the amount ofthe assessment against each tenant, grantee, or lessee for each assessment period at least thirty (30) days in advance of such date or period and shall, at that time,, prepare a roster of the Lots and assessments applicable thereto which shall be kept in the office of the Clerk of Court and shall be open to inspection by any tenant, grantee, or lessee. Written notice of the assessment shall be sent to every tenant, grantee, or lessee subject thereto not later than seven (7) days after fixing the date of commencement thereof. The amount(s) assessed for routine maintenance and repair, or for capital improvements or major repairs, shall be the pro-rata expense ofthe total cost of such installation, maintenance or repair, divided by the total acreage owned or occupied by a particular owner, tenant or lessee; i.e. if the entire acreage available for occupancy is 66 acres, and if the cost of the assessment is $500.00, and 6.4 acres is owned or occupied, the obligation of an owner, tenant or lessee shall be that sum divided by the total available acreage, and that sum multiplied by the 6.4 acres owned or occupied, then the owner, tenant or lessee would in this Page 4 of 20 0 0 example be assessed $7.57 per acre times 6.4 acres, equaling an assessment of $48.45. Any acreage, excluding the common areas, owned by the city, shall be included in the computation so as to require the city to remain responsible for the amount of the assessment assigned to its own acreage. The City shall, upon demand at any time, furnish to any tenant, grantee, or lessee liable for said assessment, a certificate in writing signed by the Chairperson of the Okeechobee City Council, or their designee, setting forth whether said assessment has been paid. E. Exempt Property. The Okeechobee City Council shall have the right to exempt any property subject to this Declaration from the assessments, charge, or lien created herein provided that such part of the Property exempted is used (and as long as it is used) for any of the following purposes: As an easement or other interest therein dedicated and accepted by the Okeechobee City Council and devoted to public use; 2. As Common Area as defined herein; 3. As Property exempted from ad valorem taxation by the laws of the State of Florida, to the extent permitted by the tax assessor for Okeechobee County, Florida. IV. MAINTENANCE AND REPAIRS A. Tenant, grantee, or lessee will be responsible for the maintenance, repair, and upkeep of the premises and shall keep the premises, including the fencing, landscaping, gutters, downspouts, exterior building surfaces, yard maintenance, and painting in good order and repair. The landscaping shall be installed and maintained in accordance with the Architectural Planning Criteria, a copy of which can be obtained from the office of the Okeechobee City Clerk. The city retains the right to enforce such maintenance and repairs by any lawful means, including code enforcement under ch. 162 Florida Statute; abatement of nuisance; injunction, or other remedy as permitted by law. V. ARCHITECTURAL CONTROL A. Necessity ofArchitectural Review andApproval. No improvement or structure of any kind, including without limitation, any building, fence, wall, sign, site paving, grading, parking and building additions, alteration, screen enclosures, sewer, drain, disposal system, decorative building, landscaping, landscape device or object, or other improvement shall be commenced, erected, placed or maintained upon any Lot or the Property, nor shall any addition, change or alteration therein or thereof be made, nor any initial platted park platting or replatting of any Lot or Lots, or the Property be made unless and until the plans, specifications, and location of the same shall have been submitted to and approved in writing by, the technical review committee which represents the interests ofthe Okeechobee City Council in such architectural control. All plans and specifications shall be evaluated as to harmony of external design and location in relation to surrounding structures and topography and as to conformance with the Architectural Planning Criteria of OKEECHOBEE COMMERCE CENTER, a copy ofwhich may be obtained at the office of the City Clerk. Page 5 of 20 B. ArchitecturaiReviewBoard. The architectural review and control functions ofthe Association shall be administered and performed by the technical review committee for the City of Okeechobee. At any time the Okeechobee City Council has the right to appoint members of the Architectural Review Board. The Okeechobee City Council shall appoint at least one (1) Architect or Building Contractor to the Architectural Review Board. C. Powers andDuties ofthe Architectural Review Board. The Architectural Review Board shall have the following powers and duties. To recommend from time to time, to the Okeechobee City Council modifications and/or amendments to the Architectural Planning Criteria. Any modification or amendment to the Architectural Planning Criteria shall be consistent with the provisions of this Declaration, and shall not be effective until adopted by a majority of the members of the Okeechobee City Council at a meeting duly called and noticed and at which a quorum is present and voting and are present and voting. Notice of any modification or amendment to the Architectural Planning Criteria, including a verbatim copy of such change or modification, shall be delivered to each member of the Association; provided that, the delivery to each member of the Association of notice and a copy of any modification or amendment to the Architectural Planing Criteria shall not constitute a condition precedent to the effectiveness or validity of such change or modification. 2. To require submission to the Architectural Review Board of one (1) complete set of all plans and specifications for any improvement or structure of any kind, including, without limitation, any building, fence, wall, sign, site paving, grading, parking and building additions, alteration, screen enclosure, sewer, drain, disposal system, decorative building, landscaping, landscape device or object, or other improvement, the construction or placement of which is proposed upon any Lot or Property in Initial platted park, together with a copy of any required governmental permits. 3. To approve or disapprove any improvement or structure of any kind, including, without limitation, any building, fence, wall, sign, site paving, grading, parking and building additions, alterations, screen enclosure, sewer, drain, disposal system, decorative building, landscaping, landscape device or object, or other improvement of change or modification thereto, the construction, erection, performance, or placement of which is proposed upon any Lot or the Property in the industrial park, and to approve or disapprove any exterior additions, changes, modifications, or alterations therein or thereon. V1. APPLICATION OF ENVIRONMENTAL PROTECTION In the recorded plat, there are identified wetlands, designated as enhanced wetland 2; enhanced wetland 3; created wetland 3; enhanced wetland 4; and preserved wetland 5. It is the intent of the Declarant to provide stringent protection of these sites in perpetuity, as recognized through a conservation deed executed in favor of South Florida Water Management District, or as hereafter modified by the District or other state or federal agency. As such, development within this industrial park, including the entire acreage, with the exception of the wetlands area shall be strictly regulated to Commercial uses. Special emphasis shall be placed on a campus design with office and appropriate business facilities with a setback of seventy-five (75) feet from identified wetlands to protect wetlands integrity. Furthermore, the seventy-five (75) foot setback shall serve as a buffer and be maintained in perpetuity as a conservation easement, This conservation easement shall not be disturbed Page 6 of 20 0 0 or developed as part of the OKEECHOBEE COMMERCE CENTER, unless subsequently modified between the City and the appropriate state or federal agency exercising jurisdiction over the park. In addition, the plat designates the size and location of lots numbered 6, 13, & 14 at the initial Northern boundary of the park as set forth on the plat, which lots are within the protected zone for wellheads as described in the city land development regulations, and which wells are owned by the Okeechobee Utility Authority. While the wells are presently capped, and further use is not anticipated, any development on these described lots shall not permit or use environmentally hazardous substances that may leach into groundwater, and all development on these lots shall be strictly regulated in the permitting process by the city of Okeechobee, and as set forth in sections 82-1 to 82-90, code of ordinances, and as hereafter amended, whose determination of environmental hazards shall be final, if not otherwise in conflict with state and federal regulatory agencies. PARAGRAPHH. Construction Uses Permitted and Probibited 1. PLANNED INDUSTRIAL, RESEARCH AND DEVELOPMENT A. Purpose ofRestrictions. The Planned Industrial, Research and Development in the industrial park is intended to provide lands for the purpose of business and industry which support the economic base of the City and contribute to its economic growth and self-sufficiency. Permitted uses are intended to include those businesses and industries primarily involved in the distribution of goods and services outside of the vicinity of Okeechobee County. The nature of uses shall include research, development, and manufacture of products making use of processes of manufacturing not likely to be objectionable to neighboring properties. The development standards of this district are intended to result in an open, uncrowded and attractive appearance through various site design standards. To the extent that these restrictions conflict with, or are more stringent than, city zoning and land use regulations, these deed restrictions shall take precedence over such ordinance, but only in the area set out in exhibit "A", and as hereafter amended or enlarged by addition. B. Uses permitted. No building or structure, or part thereof, shall be erected, altered, occupied or used, or land or water area occupied or used, in whole or in part, for other than one (1) or more of the following general uses. Unless otherwise specified, all uses shall be conducted entirely within an enclosed building. (The listing of specific uses under the generalized use categories are intended to be illustrative rather than all inclusive.) Manufacture of products such as: 0 Computer components; 0 Robotics; 0 Food processing and packaging, including aquiculture product processing; 0 Apparel related products; 0 Manufacture of finish wood products; 0 Manufacture of concrete/masonary products; 0 Fiberglass/resin/injection molding processes; 0 Furniture, fixtures; 0 Assembled paper products; 0 Formulation and packaging of drugs, cosmetics, soap; 0 Fabricated metal products; 0 Light manufacturing or machinery; Page 7 of 20 0 0 0 Electrical equipment and components; 0 Transportation parts and small equipment; 0 Electronic systems, components and peripherals; 0 Optics; 0 Aerospace composites; 0 Integrated circuits; 0 Ceramics; Consumer electronics; 0 Manufacturing technology; 0 Semi -conductor equipment; 0 Image recognition; 0 Medical devices. 2. Educational, scientific, industrial, and manufacturing research and development such as: Computer software development; Artificial intelligence; Medical technology; Research and testing laboratory. 3. Warehouse and storage buildings, excluding hazardous or flammable substances unless permitted by special exception in industrial zoning category; 4. Corporate or business offices which serve or represent other specifically permitted industrially related uses. 5. Sales, rental, and display of the following: 0 Construction equipment; 0 Machinery; 0 Monuments; 0 Restaurant, hotel and store supplies, fixtures and equipment; 0 Swimming pool supplies; 0 Welding equipment and supplies; 0 Electronic supplies; 0 Medical and dental equipment and supplies; 0 Photographic equipment and supplies; 0 Tires and batteries; Sign painting; Glass and mirrors. 6. The following services and trade establishments provided that they do not offer retail services on the same premises. Conditional Approval may be obtained for retail services per Section C. Bookbinding; 0 Bakery; 0 Cutting or blending of liquor; 0 Cheese making; a Carpet and rug cleaning; Page 8 of 20 0 E Diaper service; 0 Drapery and blind fabrication and service; 0 Egg storage, handling, or processing; 0 Food catering; 0 Glass and mirror shop; 0 Hydroponic garden; 0 Laundry; 0 Linen supply; 0 Machinery repair; 0 Magazine wholesale agency; 0 Motion picture studio; Pattern making; Printing, publishing, lithography, and engraving; 0 Tool, die, and gauge shop including the use of automatic screw machines; 0 Communication - information/data processing; 0 Telecommunication; 0 Exterminating; 0 Janitorial; & Boat building and repair; 0 Plumbing or electrical shop; Manufacture of powder blends, potting compounds and plastisols; Telephone exchange. 7. The following repair and shop uses: 0 Awning and canvas; 0 Carpenter and cabinet; 0 Contractor shop; 0 Locksmith; 0 Sharpening and grinding; & Electronic equipment repair; 0 Taxidermist; 0 Home appliance repair; 0 Upholstering shop; 0 Lawn mower and motorcycle repair; 0 Furniture repair. 8. Blacksmith and welding. 9. Accessory uses and structures; including temporary living quarters not exceeding eight hundred (800) square feet in area and two bedrooms, by special exception, as an accessory to a permitted use. 10. The storage of motor vehicles, recreational vehicles, boats, trucks and trailers. a. Storage of motor vehicles, recreational vehicles, boats, trucks and trailers subject to the following conditions. Page 9 of 20 0 0 (1) New or used motor vehicles, recreational vehicles, boats, trucks, and trailers, placed for storage shall occupy not more than one-half (/2) of the lot on which the business is located. (2) Any business which permits the storage of motor vehicles, trucks, and trailers, recreational vehicles, and boats bearing signs, painted or otherwise affixed to the vehicles which signs advertise a franchiser or company name shall store such vehicle within a completely enclosed building or shall provide a vehicle storage area as set forth below. All motor vehicles, recreational vehicles, boats, trucks, or trailers bearing such signs must be stored within this vehicle storage area or in the enclosed building. (3) Vehicular storage areas must be screened on all sides providing for necessary ingress and egress by a solid eight (8) foot high masonry wall. The landscape area outside the wall shall consist of a two (2) foot high continuous hedge at the time of planting and a tree every twenty (20) feet with a minimum height of twelve (12) feet and a spread of six (6) feet at planting. (4) All maintenance, washing, and repair must be within the enclosed area. 11. Crating, packing, distribution, shipping, and soft drink bottling, including warehouse storaize, 12. Auto towing subject to the following conditions: a. Vehicular storage areas must be screened on all sides providing for necessary ingress and egress by a solid eight (8) foot high masonry wall. The landscape area outside the wall shall consist of a two (2) foot high continuous hedge at the time of planting and a tree every twenty (20) feet with a minimum height of twelve (12) feet and a spread of six (6) feet at planting. 13. Commercial transportation business including taxi dispatch, and bus and tram depot. C Conditional uses. The following uses shall only be conditionally permitted in the industrial park subject to the procedures and requirements provided elsewhere in this Declaration and subject to the availability of sufficient flexibility for commercial uses as permitted by the Comprehensive Plan. All uses listed under Paragraph 11, B.(6) which are open to the general public and offer retail services. 2. Health club and physical fitness facilities. 3. Stores which sell or rent new or used merchandise within an enclosed building, whether or not sold or rented to the general public. 4. Hotels and motels. Page 10 of 20 0 0 D. Uses prohibited. Except as specifically permitted in this division, the following uses are expressly prohibited as either principal or accessory uses: I . Foundry. 2. Drop forging. 3. Paint or varnish manufacture. 4. Oil compounding or barreling. 5. Die casting. 6. Livery stable, riding academy, or dude ranch. 7. Meat, poultry, fish, or slaughtering of same 8. Manufacture of asphalt, acids, carbon, disinfectants, poison, insecticides, and batteries. 9. No open air storage of bulk materials is allowed. This prohibition does not apply to storage of these materials in a warehouse, or fully enclosed within a masonry wall at least six (6) feet in height. Stockpiles cannot be visible. 10. Institution for the housing, care, or treatment of sick, indigent, aged, or minor persons. 11. Any other residential use other than a permitted accessory use or use permitted by special exception. 12. Brewery. 13. Manufacturing or any storage of explosives. 14. Any business which is obnoxious because of dust, dirt, smoke, fumes, odors, noises, vibrations, or radioactive wastes. 15. Motor freight terminals. 16. Storage of motor vehicles, recreational vehicles, boats, trucks, trailers, farm equipment and parts thereof that would fit the definition of a "junkyard" as set forth in chapter 30, code of ordinances for the city of Okeechobee. E. Height. No building or structure shall be erected or altered to a height exceeding forth -five (45) feet. F. Setbacks. I No building or roofed structure shall be located less than fifty (50) feet from any street line nor less than twenty-five (25) feet from any plot line other than a street Page I I of 20 0 line. 2. No more than one-half (1/2) of the depth of any required setback area measured from a street line or plot line may be used for parking and such parking shall be located on the half of the required setback furthest from the street or front or plot line. The balance of the setback area shall be landscaped and used for no other purpose. 3. All required setback areas, except where used for permitted parking, shall be landscaped. A required landscaped area shall not be crossed by more than the minimum of walkways and driveways necessary for access to the building. 4. Signs, light standards, and fences shall be permitted in required setback areas as hereinafter specified. G. Fences and walls. All fences and walls shall be constructed of concrete, masonry, or metal. Metal fences shall be of the open -weave, chain -link type. Fences and walls shall not exceed ten (10) feet in height. Fences and walls shall not be located within any setback area on a street with the exception that a double frontage plot shall be perinitted to contain fences and walls in the rear or secondary required setback area when provided with a twenty-five (25) planting area adjacent to the street landscaped in conformance with this Declaration. Notwithstanding the above, no fences or walls shall be located closer than fifty (5 0) feet to any right-of-way of eighty (80) feet or greater in width. H. Lighting. All necessary exterior lighting on the plot shall be so installed or shielded as not to cause any nuisance to adjoining residential areas. 1. Vinimum landscaped open space. Each plot shall provide not less than twenty percent (20%) of its area in landscaped open space. Storage. There shall be no open outside storage of materials, supplies, products, equipment, implements, motor vehicles, or machinery, unless area used for such outside storage is effectively screened from direct view at ground level from any street or from adjacent property as set forth herein. K. Developmental standards. All developed property shall be landscaped, improved and maintained in full conformity with all applicable requirements of the land development code. All improved land shall be well -graded and free from underbrush and objectionable plant growth. The fifty (50) feet closest to any public right-of-way shall be mowed periodically as necessary to control natural grass growth. The balance of the site shall be kept free of debris and shall not be used for storage or disposal of any objects or materials. All property shall be kept clean and free from rubbish or debris. All planted and landscaped areas shall be maintained in a neat, orderly, healthy, growing and properly trimmed condition. All buildings and structures shall be kept properly painted and protected from deterioration and shall not be permitted to become dilapidated. All driveways, walkways, parking areas, storage, and loading areas of developed property Page 12 of 20 0 9 shall be well -graded and surfaced with asphaltic concrete or other equivalent hard, dustless materials. All electrical, telephone, gas, or other utility connections, or extensions or re -location thereof shall be installed underground. L. Performance standards. No building or structure, or part thereof, shall be erected, in whole or in part, that is obnoxious, objectionable, a nuisance or a hazard to adjoining properties, as they relate to sound, vibrations, odors, glare, radioactive materials, smoke and particulate matters. 2. Building facades facing roadways shall be designed to appear to be the fronts of buildings. This provision shall apply to comer and double frontage lots. M Noise. Every use shall be so operated as to comply with the maximum performance standards governing noise described below. Objectionable noises due to intermittence, beat frequency or shrillness shall be muffled or eliminated so as not to become a nuisance to adjacent uses. Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Along property line abutting a Along property line abutting an Octave in bands residential district between 8:00 Industrial or Commercial district in cycles per A.M. and 6:00 P.M.* Maximum Maximum permitted sound level second. permitted sound level in decibels. in decibels. 0-75 72 79 75- 150 67 74 150-300 59 66 300-600 52 59 600- 1200 46 53 1200-2400 40 47 2400-4800 34 41 Over - 4800 32 39 Permissible sound level between 6:00 P.M. and 8:00 A.M. shall be decreased by 3 decibels for each of the Octave bands. N. Vibration. Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on the property line of the property on which the use is located. 0. Smoke. Every use shall be so operated, as to prevent the emission of smoke, from any source whatever, to a density greater than described as Number I on the Ringlemann Chart, provided however, that smoke equal to, but not in excess of, that shade of appearance described as Number 2 on the Ringlemann Chart may be emitted for a period or periods totaling four (4) minutes in any thirty (30) minutes. For the purpose of grading the density of smoke, the Ringlemann Chart as published and used by the United States Bureau of Mines, and which is hereby made, by reference, a part of this Declaration, shall be the standard. All measurements shall be at the point of emission. P. Fumes, gases, vapors, dusts and acids. No person shall cause or allow the escape into the Page 13 of 20 0 0 open air of such quantities of fumes, gases, vapors, dusts, and acids, in such place or manner as to cause injury, detriment, or nuisance to the public, or to endanger the peace, comfort, health or safety of the public, or in such manner as to cause or have a tendency to cause injury or damage to business or property. Tests required. Tests may be required by the Building Department for the purpose of the abatement of fumes, gases, vapors, dusts, odors, etc., or any other nuisance which may be present and which may come under the jurisdiction of the Building Department. Such tests shall be made by the owner or his authorized agent, and they shall be made in accordance with such procedures as may be accepted by a reputable and recognized authority such as; American Society of Testing Materials, U. S. Bureau of Mines, U. S. Public Health Service, the National Board of Fire Underwriters, or others. The choice of such authority shall rest entirely with the building department. Nothing in these rules and regulations regarding tests conducted by and paid for by the owner or his authorized agents shall be deemed to abridge the rights of the Building Department to conduct tests of these installations on behalf of the County. Industrial sewage and waste. The use of septic tank systems for discharge of effluent of every nature shall not be permitted within the industrial park. Every use shall be so operated as to prevent the discharge into any stream, lake, or the ground of any liquid, effluent, or waste which shall be dangerous or discomforting to persons or animals or which will damage plants or crops beyond the lot lines of the property on which the use is located, or which by its nature would be not permitted by the Okeechobee Utility Authority or its successor in interest into the solid waste/wastewater/sewerage system. R. Odors. The emission into the outdoor air of any fume, gas, dust, mist, odor, smoke, or vapor, or any combination thereof, of a character and in a quantity as to be detectable by a considerable number of persons or the public, at any point beyond the property limits of the premises occupied or used by the person or persons responsible for the source thereof so as to interfere with health, repose or safety, or cause severe annoyance or discomfort, or produce irritation of the upper regulations. S. No person shall maintain or conduct or cause to be maintained or conducted, any parking lot or use any real property for a private roadway unless such real property is covered or treated with a surface or substance or otherwise maintained in such a manner as to minimize atmospheric pollution. T. Supplemental Development Regulations. In addition to architectural control requirements as adopted from time to time by the City of Okeechobee, the following additional standards shall apply: Buildings. Buildings constructed on any Lot included in the initial platted park shall be a modern design and constructed of modem materials. Exterior walls of each building shall be finished with color -coated steel panels, built-up concrete, or equivalent material such as concrete block with plaster or stucco finish, or brick. All exterior walls fronting on any street shall be aesthetically pleasing, and if concrete block, shall be given a veneer of either stucco, plaster, wood, or similar covering. The gross area of any buildings located upon any lot shall be consistent with this PID Page 14 of 20 0 0 District within each phase. When the construction of any building, is once begun, work thereon must be prosecuted diligently and completed within a reasonable time. If for any reason work is discontinued, and there is not substantial progress towards completions for a continuous three (3) month period, the Developer, or its heirs and successors, shall have the right to notify the Okeechobee City Council of its intention herein, enter the premises and take such steps as might be required to correct an undesirable appearance. 2. Loading, storage, and outside storage. Each parcel of the land devoted to site development shall provide sufficient on -site loading facilities to accommodate site activities, and all loading movement, including turn-arounds, shall be made off of the public right-of-way. Loading docks shall be located and screened so as to minimize their visibility from any street or other right-of-way. Screening of service areas, loading docks and so forth may consist of any approved combination of earth mounding, landscaping, walls and/or fencing. No materials, supplies or equipment shall be permitted to remain outside of any building, unless approved by the Architectural Review Board, in writing, in advance. However, tanks, motors, and special industrial equipment will be permitted to remain outside of any building as long as they are screened from the street and surrounding property, or in designated areas approved by the Architectural Review Board. Rubbish and garbage facilities shall be screened so as not to be visible from any street or right-of-way. The maneuvering of trucks and trailers shall be confined to the extent practicable, to the lot included in the Initial platted park where the trucks and trailers have business. To the extent possible, all loading and unloading of trucks and trailers shall be done on the premises of the lot and not within the streets, and regular loading areas and facilities shall be located other than on the street side of the buildings and not be visible from the street to the extent practicable. Bulk storage of liquids, including gasoline, fuel oil, other petroleum products and other liquids, shall be stored inside buildings or in underground containers located at a depth and area approved by the Building Department. All storage shall be in compliance with applicable governmental laws and regulations. Sitefurniture. Site furniture and mechanical equipment visible from a street shall be considered as landscape elements, and all site furniture, including exterior lighting fixtures, shall be subject to the approval of the Architectural Review Board as elsewhere herein provided. 4. Curb cuts. It is intended that curb cuts on boundary streets be minimized. Curb cuts on boundary streets shall be at least one hundred (100) feet apart (center spacing), at least fifty (50) feet from any street intersection, and a maximum of twenty-four (24) feet in width, unless approved by the Architectural Review Board in writing, in advance. Joint curb cuts may be developed to serve abutting parcels and are favorably encouraged. 5. Building/mechanical equipment. All mechanical equipment, servicing buildings, including roof mounted equipment, shall be enclosed or screened so as to be an integral part of the architectural design. 6. Site grading. Site grading shall be subject to the approval of the Architectural Planning Criteria. Page 15 of 20 0 0 7. Parking. Parking on the streets in the initial platted park, or on additions thereto, is strictly prohibited. All parking within the initial platted park or additions thereto shall only be in designated and paved parking areas, according to design standards in effect in the city. 8. Streets. All streets and roads shall be dedicated to the public. 9. Signs andgraphics. Signs and sign location within OKEECHOBEE COMMERCE CENTER shall be subject to the review of the Architectural Review Board.,and shall conform to the Architectural Planning Criteria and applicable Land Development Regulations and City Codes. To minimize any detractive effects upon building appearance and landscaping which may result from the erection of signs within the initial platted park, signs shall be located flush on building exterior walls not perpendicular to the wall surface; lettering may not be larger than four (4) feet high; flashing signs, scrolling message signs, banners, or other sign not permanently affixed of any kind are not permitted; and all signs shall conform to the applicable sign regulations of Okeechobee County, Florida as the same now exists or as the same has been or may hereafter be amended. 10. Exterior lighting. Exterior lighting is subject to the review of the Architectural Review Board.,and should be in conformance with the Architectural Planning Criteria and applicable city land development regulations and codes. 11. Landscaping. All landscaping is subject to the review of the Architectural Review Board, and should conform to the Architectural Planning Criteria, and applicable city land development regulations and codes. 12. Utilities. All electrical and telecommunication transmission lines within the initial platted park other dian those existing on the date of this Declaration and those hereafter installed by the Developer shall be installed and maintained underground. The availability of water and wastewater service to the industrial park is subject to the regulations and requirements ofthe Okeechobee Utility Authority, or its successor in interest. 13. Rail Spur: The industrial park may be served by a rail spur adjacent to the railroad right of way designated as Seaboard Railway on the plat of the park; said spur is located at the Southwestern portion of the park. Its availability, use and extension throughout the industrial park are uncertain, and no right or representation is made as to its use by owners or tenants of the park. For those lots that may acquire use of the spur, such use is subject to the codes and regulations of the City of Okeechobee, and the railway company then operating the adjacent track leading to the spur. The City reserves the right to extend or permit extension to the rail spur throughout the park, and any cost assessments therefore shall be limited to those lot owners, tenants or lessees who directly benefit from the spur by actual use of railway transportation for goods and services in the conduct of their business within the park. 14. Maintenance. Buildings, landscaping, and other improvements shall be continuously maintained so as to preserve as well kept appearance especially along the perimeters of any Lot or other property. The Association shall from time to time inspect site and landscape maintenance, and if not satisfied with the level of maintenance on a site, shall notify the owner in writing. If within fifteen (15) days from notification, Page 16 of 20 0 0 maintenance has not been brought to acceptable standards in conformance with the following maintenance standards, the Association may order the work done at the tenant's, grantee's, or lessee's expense and may treat the charges as an assessment. The maintenance standards are as follows: Trash. All trash and garbage shall be placed in designated containers, or within the tenant's, grantee's, or lessee's contained service area and all trash areas shall be screened and properly landscaped. The size of containers shall reflect the capacity of the local agencies for trash removal. Yards and landscape areas will be kept free of trash, leaves, and dead landscaping materials. 2. Landscaping. All landscaping areas including sodded areas, shall be regularly irrigated as required and shall receive regular maintenance including trimming, minimum fertilization to protect wetlands, mowing and replacement of diseased plant materials, as required. All irrigation systems shall be underground, automatic, kept in good repair, and shall not discolor any wall, sign surface or other structure. Perimeter landscaping shall be maintained so as to avoid blight and preserve the beauty, quality, and value of the initial platted park, and to maintain a uniform and sightly appearance. The area between the building and the street shall be used for open landscaping and green areas to the greatest extent possible, taking into account necessary parking. All landscaping shall be completed within ninety (90) days of the issuance of a Certificate of Occupancy with respect to the building constructed or erected on any lot and shall be subject to the approval of the Building Department. Parking lot and sidewalk. All parking lot, sidewalks, and other hard surface areas shall be swept and cleaned regularly and cracks and damaged areas of sidewalks shall be repaired or replaced as required. Damaged or eroding areas of the asphalt parking surface shall be replaced as required and an overall resurfacing of the parking area will be done as necessary. Broken bumper stops and/or curbing shall be replaced as required and drainage inlets, storm sewers and any surface drainage facilities shall be maintained in good repair and shall remain clear of debris so as to enable the proper flow of water. Each tenant, grantee, or lessee shall provide adequate off-street motor vehicle and trailer storage for the tenant's, grantee's, or lessee's needs, but, in any event, no less than that required by governmental regulations and requirements. All driveways and parking areas shall be constructed or asphalt or concrete product. 4. Lighting. Levels of light intensity in the parking areas of all exterior walkways shall be maintained at safe levels and bulbs shall be replaced expeditiously as failure occurs. Light standards shall be maintained in good repair and shall be kept functional at all times. 5. Insurance. 1. Casualty insurance: All buildings and insurable improvements erected in the park shall be insured for fire and extended coverage perils, excluding foundation and excavation costs, at their maximum insurable replacement Page 17 of 20 value, and all personal property located therein, including garage or bailee coverage. 2. Public liability insurance: The owner or tenant shall obtain public liability and property damage insurance covering the property and all improvements thereon in such sums as may be set by ordinance or resolution of the City of Okeechobee. 3. Worlanans Compensation: The owner or tenant shall obtain workmans compensation coverage for its activities as provided by law and ch. 440 Florida Statutes and as amended. 4. Flood Insurance: The owner or tenant is subject to obtaining flood insurance in the event the industrial park is or becomes designated by FEMA or other federal agency as being within a recognized flood zone. PARAGRAPH H1. Easements, Reservations, Rights -of -Way and Additional Restrictions I Easements, reservations and rights -of -way may be reserved by Declarant on or over said property or any portion thereof in any contract or deed hereafter made. 2. Declarant may include in any contract or deed hereafter made, additional protective covenants and restrictions not inconsistent with those contained here. 3. No other structure permitted by this Declaration shall be built, erected, or maintained upon any such easements, reservations or rights -of -way, and said easements, reservations or rights -of -way shall, at all times, be open and accessible to utility corporations who have obtained the written permission of Declarant, who shall have the right of ingress and egress thereto and therefrom, and the right and privilege of doing whatever may be necessary in, under, or upon said locations for the carrying out of any of the purposes for which said easements, reservations, and rights -of -way are reserved or may hereafter be reserved. PARAGRAPH IV. Scope of Covenants, Restrictions, Reservations, Servitudes, and Easements All of the covenants, restrictions, reservations, servitudes and easements set forth in this Declaration are imposed upon said property for the direct benefit thereof and of the City of Okeechobee, Florida thereof as a part of the general plan of the development, improvements, and maintenance of said property. Each grantee, lessee, tenant, assignee or successor in interest accepts the same subject to the covenants, restrictions, reservations, servitudes and easements set forth in this Declaration, and agrees to be bound by each such covenant, restriction, reservation, servitude and easements. PARAGRAPH V. Violations of Covenants, Restrictions, Reservations, Servitudes and Easements A breach or violations of any of the covenants, restrictions, reservations, servitudes and easements shall give to the Declarant the right to immediate entry upon the Property upon with said violation exists, and Page 18 of 20 0 0 summarily to abate and remove, at the expense of the owner thereof, any erection, structure, building, thing or condition that may be or exist thereon contrary to this Declaration, and to the true intent and meaning of the provisions hereof, and the Declarant shall not thereby be deemed guilty of any manner of trespass for such entry, abatement, or removal, nor shall the Declarant be liable for any violation of any covenant, restriction, reservation, servitude and easement hereof, whether such covenant, restriction, reservation, servitude and easement is violated in whole or in part, is hereby declared to be and to constitute a nuisance, and every remedy allowed by law or equity against a nuisance, either public or private, shall be applicable against any such owner or any parcel, and many be prohibited and enjoined by an injunction. Such remedy shall be deemed cumulative and not exclusive. Where an action, suit or otherjudicial proceedings is instituted or brought for the enforcement ofthese covenants, restrictions, reservations, servitudes and easements, the losing party in such litigation shall pay all expenses, including a reasonable attorney's fee, incurred by the other party in such legal proceeding. PARAGRAPH VI. Right to Enforce The provisions contained in this Declaration shall bind and inure to the benefit of and be enforceable by the Declarant or their legal representative, to enforce any of such covenants, restrictions, reservations, servitudes and easements herein contained shall, in no event, be deemed a waiver of the right to do so thereafter, unless otherwise herein provided. PARAGRAPH VIEL Assignment of Powers Any and all rights and powers and reservations of the Declarant herein contained may be deeded, conveyed or assigned to another corporation, co -partnership, or individual and upon such corporation, co- partnership, or individual evidencing its consent in writing to accept such assignment and to assume such duties and powers, providing always that shall operate the industrial park for a primarily public and not private purpose; and it shall, to the extent of such deed, conveyance or assignment, have the same rights and powers, and be subject to the same obligations and duties as are given to and assumed by Declarant herein and thereupon Declarant shall be relieved of the performance of any further duty or obligation hereunder to the extent of such deed, conveyance or assignment. PARAGRAPH VM Marginal Notes and Headings of Paragraphs The marginal notes and headings as to the contents of particular paragraphs are inserted only as a matter of convenience and for reference, and in no way are, or are they intended to be, a part of this Declaration, or in any way define, limit, and describe the scope of intent of that particular section or paragraph to which they refer. PARAGRAPH IX. The Various Parts of This Declaration are Severable In the event any clause, initial platted park, term, provision or part of this Declaration shall be adjudicated by Final Judgement of any Court of competent jurisdiction to be invalid or unenforceable, the Page 19 of 20 remainder of this Declaration, and each and all of its terms and provisions not so adjudicated to be invalid or unenforceable, shall remain in full force and effect, and each an all of the paragraphs, initial platted parks, terms, provisions, or parts of this Declaration are hereby declared to be severable and independent of each other. PARAGRAPH X. Amendment to Protective Covenants, Restrictions, Reservations, Servitudes, and Easements Declarant shall have the right to amend this Declaration so long as such amendment is not inconsistent with or delude the overall plan or protection. IN WITNESS WHEREOF, the Declarant has signed and sealed this Declaration on the day Of 2004. OKEECHOBEE Crry CouNciL FOR CITY OF OKEECHOBEE, FLORIDA James E. Kirk, Mayor City of Okeechobee ATTEST: Lane Gamiotea, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY John R. Cook, City Attorney Page 20 of 20 0 EXHIBIT 9 MAY 4,2004 AGENDA April22,2004 Bill Veach, City Administrator City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974 VIA FACSIMILE 863-763-1686 RE: City of Okeechobee Commerce Park — Bridge CAS Project No: 004)986 Dear Mr. Veach- COW= CRAIG A SMITH & ASSOCIATES CONSULTING ENGINEMS - PLANNERS - SURVEYORS - GRANT SPECIALISTS On Wednesday, April 21, 2004 at 2 p.m. six (6) responsive bids were opened at City Hall regarding the above referenced project. All bids were received prior to 2 p,m., as reqWred for bidding the project. The following is the bid summary: BIODER I Drawdy Construction 2 Cone & Graham, Inc. 3 Murphy Construction Co. 14 Sheltra & Son Construction 5 Zep Construction, Inc. 6 Lucas Marine Construction BID AMOUNT $787,250.25 $837,364�31 $837,439.00 $840,160.17 $1,026,674.95 $1,088,708,00 Craig A. Smith & Associates (CAS) reviewed the bids and determined that Drawdy Construction submitted the lowest responsive bid for this project in the amount of $757.25025- Therefore, CAS recommends that Drawdy Construction, a firm knowledgeable with this type of construction, be awarded the contract for this project. Please advise CAS of the City's decision to award this project Upon receipt of the City's decision to award this project, we will schedule a pre -construction meeting and execute the Contract Documents and issue the Notice to Proceed. 242 Royal Palm Beach Boulevard, Royal Palm Beach, Florida 33411 TEL' (5611791-9;)AO ;:Ay trrW mm-# no -to ZO/TO 3DVd H-LIWS V OIVdO 01861GLI99 t,!:GT rooz/EZ/00 0 0 City of Okeechobee Commerce Park — Bridge CAS Projed No 00-0986 April 22, 2004 Page 2 of 2 please call if we can be of further service. Thank you for your assistance and support with this project. Sincerely, Craig A. Smith & Associates Jay a Director of construction Servims JB:ccv C: Brian C, Rheault, P.E., Bridge Design Associates, Inc. Nancy Phillips & Associates James R, Orth, P.E., CAS Al Caruso, CAS L-.VandZO-091M\c.orreap*ndence�vesch-bridge-bid resdts-doc Hilws V E)IVzJ0 q1q6TGL19G ZO/ZO 3E)Vd APR-29-200,4 09:12 FROM: IND7 AN FVR CRIME LAB 772-462-3642 ExHIBIT 10 MAv 4,2004 AGENDA Indian River Crime Laboratory at IRCC 2502 S. 35" Street, Building I Fort Pierce, Florida 34981 Phone- (772) 462-3600 Fax: (772) 462-3642 FAX TRANSMISSION COVER SHEET Date: April 29, 2004 ro: Robin Brock, Executive Secretary Office of the City Administrator Fax: (863) 763-1686 Subject. Interlocal Agreement Sender: Laurie Priva!eer YOU SHOULD RECEIVE 12 PAGE(S), INCLUDING THIS COVER SHEET IFYOUDO I NTOTRECEIVEALL THE PAGES, PLEASE CALL (772) 462-3600. Robin - Per our conversation, please note that Item #6, the Indemnity clause, is being deleted from the Interlocal Agreement. An amendment to the agreement will be coming through at a later time. RPR-28-202H 15:37 FPOM:IND7RN FUR CRIME LiziB 772-462-3642- TO: 6 1 �363776315i---6 P12112 0 INTERLOCAL ArPEEMENT THIS INTERLOCAL AGREEMENT made this_ day of 12003, between the INDIAN RIVER COUNTY SHERIFF; the MARTIN COUNTY SHERIFF; the OKEECHOBEE COUNTY SHERIFF; the ST. LUCIE COUNTY SHERIFF; the CITY OF FELLSMERE, a Florida municipal corporation, the CITY OF FORT PIERCE, a Florida municipal corporation; the TOWN OF INDIAN RIVER SHORES, a Florida municipal corporation; the CITY OF OKEECHOBEE, a Florida municipal corporation; the CITY OF PORT ST. LUCIE, a Florida municipal corporation; the CITY OF SEBASTIAN, a Florida municipal corporation; the TOWN OF SEWALUS POINT, a Florida municipal corporation: the CITY OF STUART, a Florida municipal corporation; and the CITY OF VERO BEACH, a Florida municipal corporation. WHEREAS, Section 163.01, Florida Statutes, provides that local government units and independent constitutional officers may cooperate by agreement to provide necessary and essential public services, and WHEREAS, the Indian River Crime Laboratory, hereinafter called "Crime Lab" provides assistance to law enforcement agencies operating within the circuit; and, WHEREAS, for a number of years the parties have coordinated the funding, administration and management of the Crime Lab; and, 9�\ctty\agreemnt\interloc\shcriff-ci-inm lab I P,PPR-26-20&4 15:33 FROM:IND7RN FOR CRIME LRB 772-462-:3642 TO: 8 196-3763 1 SE6 P13112 0 0 WHEREAS, the parties desire to formally create the Indian River Crime Laboratory Advisory Counci I (fhe"Crime Lab Counci I") and establish its responsibilities with regard to the Crime Lcb: WHEREAS, the parties further desire to transfer the responsibility for administration and management of the Crime Lab to the St. Lucie County Sherif f, who agrees to assume those responsibilities. NOW, THEREFORE, IN CONSIDERATION of their mutual covenants ond promises, the parties agree as follows: This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. 2. CREATION OF COUNCIL Pursuant to Section 163.01, Florida Statutes, the parties hereby create and establish the Indian River Crime Laboratory Advisory Council (the "Crime Lab Council") composed of the following agencies authorized to vote on matters relating to *e operation of the Crime Lab: St. Lucie County Sheriff's Office Indian River County Sheriff's Office Martin County Sheriff's Off ice Okeechobee County Sheriff's Off ice Vero Becch Police Department Fort Pierce Police Department Sebastian Police Department Sewall's Point Police Department 9: \atty\aqreemn-t\interloc�sherif f -crime lab 2 PPR-26-200q 15:33 FPCM:INDTqN RI)R CRIME LRB 772-462-3642 T0:813E'�7631SE6 P.4,12 Port St. Lucie Police Department Indian River Shores Public Safety Department Okeechobee Police Department. Stuart Police Department Fellsmere Police Department It is the parties' express intent that the Crime Lab Council shall have sovereign immunity pursuant to the provisions of Section 768.28, Florida Statutes. 3. COUNCIL RESPONSIBILMES The Crime Lab Council and contributions from the State of Florida shall fund the Crime Lab. The Council members will make contributions to the Crime Lab based on the population of the member agency's jurisdiction and number of submissions. The formula used will be determined by asimple majority vote of thecontributing Council members. The Crime Lab Council will meet semi-annually. The first meeting will be to review and approve the proposed budget. A second meeting will be held to review the activities of the Crime Lab and receive a briefing by the St. Lucie County Sheriff about the budget status and other pertinent issues facing the Crime Lab and/or its personnel. The Crime Lab Council will have total discretion over expenditures. Upon approval of these budget expenditures, it will be the responsibility of the St. Lucie County Sheriff to manage these funds and make them available to the Crime Lab for operational and capital expenses. 9: Nctty\cqreemnt\i mterloc\s her! f f -crime lob 3 HPP-28-20N 15: 40 FROM: INDIAN RVR --RIr,E LAB 772-462-3642 TO:813E.3-1631SE6 P.5-12 0 0 4. ST. LUCIE COUNTY SHERIFF PESPONSIBILITIES The parties ccknowledge that the St. Lucie County Sherif f shall administer and manage the day to day operations of the Crime Lab. The St. Lucie County Sheriff shall also manage the f fnances of the Crime Lab which shall include the preparation of a draft budget f or submiss ion to the f unding agencies each f iscal year. The St. Lucie County Sherif f shall arrange for an independent audit of the Crime Lab, During the term of this Agreement, all employees of the Crime Lab shall be deemed to be employees of the St. Lucie County Sherif f. 5. TERM The term of this agreement shall begin on the date first above written and shall continue until terminated as set forth in Paragraph 7. 6. INDEMNITY Subject to the provisions of Section 768,28, Florida Statutes, each of the parties individually cgrees to indemnify and hold the 5t Lucie County Sherif f harmless f rom and against any actions at low to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of this Agreement and caused by the negligent or wrongf ul act or omission of any of their respective employees while acting within the scope of his off ice or employment under circumstances in which the party, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. g: Nctty�agreemnt\interloc\sherif f -crime 6b 4 RPR-23-200-:4 15:41 FROM:INDIRN RQR CRINE LAB 772-462-3642 T0:813E3763i5e6 P,6-,12 4D is Subject to the provisions of Section 768.28, Florida Statute$, the St. Lucie County Sherif f agrees to indemnify and hold the other parties harmless f rom and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of this Agreement and caused by the negligent or wrongful act or omission of the St. Lucie County Sheriff or any employee of the St. Lucie CountySheriff while acting within the scope of his off iceor employment under circumstances in which the St. Lucie County Sheriff, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. 7. TERMINATION Any of the parties may terminate its participation in the Council and responsibilities under this Agreement upon written notice to the other parties on or before June V". Such termination shol I be ef f ective on October V" of the year in which the notice is given. All responsibilities and obligations of the party under this Agreement shall terminate at that time. S. WHOLE AGREEMEN This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or c!qreements, either verbal or written, between the parties hereto. g: NattyNaqreemnt\interIocNsherif f -crime lab 5 RPP-28-2004 15:41 FP0M:jNE)THN FUR CRINE LHB 77E-462-3642 T0:1313637631SE6 P,7,i,'-- 9. AMENOMENTS The Agreement may only be amended by a wrif ten document signed by all parties and filed with the Clerks of the Circuit Court of Indian River, Martin, Okeechobee, and St. Lucie Counties, Florida. 10. NOTICES All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail, return receipt requested, and addressed ins follows: If to St. Lucie County Sheriff: St Lucie County Sheriff 4700 West Midway Road Fort Pierce, Florida 34950-5652 If to Martin County Shcrif f - Martin County Sheriff 800 SE Monterey Road Stuart, Florida 34994 If to City of Fellsmere: City Manager 21 S. Cypress Street Fellsmere, Florida 32948 If to Town of Indian River Shores: Town Manager 6001 N. A-1-A Indian River Shores, Florida 32963 9:�otty\cgrgemnt�interloc\sheritf-cri,w lab 6 If to Indian River County Sheriff - Indian River County Sheriff 4055 41" Avenue Vero Beach, Florida 32960-1808 If to Okeechobee County Sherifft Okeechobee County Sheriff 504 NW Fourth Street Okeechobee, Florida 34972 If to City of Fort Pierce: City Manager P.O. Box 1480 Fort Pierce, Florida 34954 If to City of Okeechobee: City Manager 55 SE 3 d Avenue Okeechobee, Florida 34974 PPR-28-2004 15:42 FROM:INDIRN RVR CRIME LPB 772-462-3642 TO:8186376316SE PIC-111E (9 0 If to City of Port St. Lucie: If to Town of Sewell's Point: City Manager 121 SW Port St. Lucie Blvd. Port St. Lucie, Fiorida 34984 If to City of Sebastian.' City Manager P.O. Box 780127 Sebastian, Florida 32978 If to City of Vero Beach: City Manager P.O. Box 1389 Vero Beach, Florida 32961 11. FILING Town Manager 15, Sewall's Point Road Sewall's Point, Florida 34996 If to City of Stuart: City Manager 121 SW Flagler Avenue Stuart, Florida 34994 This Agreement shall be filed with the Clerks of the Circuit Court of Indian River, Martin, Okeechobee, and St. Lucie Counties, Florida, prior to its ef f ectiveness. IN WITNESS WHEP.EOF, the parties hereto have executed this Agreement an the dates below written. WITNESSES: g:\at,ry\cgreernn-rNinterloc\sherif f -crime lab 7 ST. LUCIE COUNTY SHERIFF BY : Date, PPR-ES-EW4 IT:43 FR3N:INCIPN PQR CRIME LRE '72-462-364E 70:6_36376316GE P.9-12 9 0 WITNESSES: WITNESSES, WITNESSES. ATTEST: Clerk 9:\atty\agreemnt\ir.terlocNsherif f -crime lab 8 INDIAN RIVER COUNTY SHERIFF By: Date: MARTIN COUNTY SHERIFF By: Date; OKEECHOBEE COUNTY SHERIFF By - Date: TOWN OF FELLSMERE By . Mayor Date: Approved as to Form and Correctness: By: Town Attorney ��PR-EB-2004 15:43 FROM:INCIAN RVR CRIME LAS 772-462-3642 70:61-0637631686 P.10 12 0 0 ATTEST - Clerk ATTEST, Clerk ATTEST: Clerk 9:%*,tty\agreernnt\intericcNsheriff-crime lab 9 CITY OF FORT PIERCE By: Mayor Date: Approved as to Form and Correctness - By: City Attorney TOWN OF INDIAN RIVER SHORES By: Mayor bate: Approved as to Form and Correctness: By: Town Attorney CITY OF OKEECHOBBEE By: Mayor bate: Approved as to Form and Correctness: By: City Attorney RPP-26-2004 15:4—_� FPOM:IHDIR 4 P CRIME LRB 772-462-3642 13637631666 P.11112 ATTEST: Clerk ATTEST: Clerk ATTEST: Clerk 9; %atty%uqreemnt\inter1oc\sherif f -crime lob 10 CITY OF PORT ST. LUCIE By . Mayor bate: Approved as to Form and Correctness: By . City Attorney TOWN OF SEWALUS POINT By: Mayor bate: Approved as to Form and Correctness. By: Town Attorney CITY OF SEBASTIAN By; Mayor bate: Approved as to Form and Correctness: By; City Attorney HPF-28-200q 1'5:44 FPOr1:INDI1;N FVP _-PIrE LRB 772-46E-�)6,42 TO: e I 3E:f,7631566 P. 1—:1, 12 0 ATTEST: CITY OF STUART Clerk ATTEST. Clerk gAcitty \cqreemPt\interloc \sheriff -crime lab 11 By. Mayor Date: Approved as to Form and Correctness: By: City Attorney CITY OF VERO BEACH By: Mayor Date: Approved as to Form and Correctness'. By: City Attorney ExHIBIT 1 MAV 4,2004 AGENDA AFFILIATED COMPUTER SERVICES SOFTWAREMARDWARE CONTRACT 1431 Tallevast Road, Sarasota, FL 34243 - (800) 800-0056 Date: Ai)ril 21, 2004 C CITY OF OKEECHOBEE FLORIDA S Same as Client L ATTN: ADMINISTRATOR H 1 55 S. E. 3 RD Ave. I E Okeechobee, FL 34974 P N Contact: Mr. Bill Veach, Administrator T Telephone: T P.O. Number: 0 Sales Rep: Royce Lain Software App(ication I Purchase Price Training Training Annual Days Price SSA Price CASA-SPECIAL ASSESSMENT SYSTEM LICENSE Et SUPPORT AGREEMENT Hardware Description PerLe Controller S/N M31-9514-2 Software TOTAL 6667.92 Hardware TOTAL 400.00 Services Total Commencement Date: 10/1/2004 Special Instructions: Signed Client: Purchase Price Model/Feature Qty 3 PORT M31 555.66/MO 6667.92/YR Total Total Annual Amount HAS Price 33.33/MO 400-OO/YR Totil �70bj_92 TraininR Discount Total Grand Total S7067.92 Termination Date: 9/30/2005 ACS: Date: Date: 0 0 CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council SUBJECT: Status Report DATE: April 28, 2004 FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. ADMINISTRATION GRIT — John Cook, Steve Robbins, Larry Brown and I will discuss GRIT's proposed AND GENERAL settlement during a conference call tentatively scheduled for May I 01h. SERVICES Industrial Park — Bids for the construction of the bridge across Taylor Creek were opened last week. The low bid of $787,250.95 is considerably higher than CAS's $600,000.00 (approx) estimate. Gene Schriner indicates he is working with his staffto discuss ways of reducing the total cost of the existing bridge proposal in order to meet our budget needs. He will then determine whether or not to recommend awarding this bid or re -bidding the bridge. This will be an item for the City Council's May 4th meeting. We must reduce the cost ofthis item in order to have enough funding to build the rail spur. On another related note, Jim Orth will be leaving the company within the next 30 days. Gene Schriner assures that he has a top-level replacement in mind. Jim has been the lead engineer on this project since its inception. Notice to Proceed will be issued to Ranger Construction for the road/sewer/water portion of the project on April 291h. Work should begin within days thereafter. John Cook is preparing documents for the sale of land to Robert Meyer. This will come before the City Council on May 4th. Downtown Streetscape Project — This project is moving forward, on schedule and a Notice to Proceed has been issued to the contractor. Impact Fees — There is currently nothing new to report on the issue of impact fees. George Long reports he is still receiving information from surrounding counties who have already implemented impact fees. When he is comfortable with the background materials, we will proceed with developing an RFP. ADMINISTRATION OUA — OUA is planning a proposed new odor control facility near the old water AND GENERAL treatment facility on SE 6h Avenue. In order to construct the facility, they would need SERVICES to acquire a lot (Lot I on the comer of SE 7h Street and SE 6 th Avenue) from the City. CONTINUED John Cook is preparing a proposal for the City Council's consideration on May 40'. Additionally, at last week's OUA/ County meeting, the new water treatment facility, sewer capacity, water & sewer extensions and fimding of growth related infrastructure were discussed. Officials fi7om. both OUA and the County asked that the City, County and OUA meet jointly in workshop prior to the proposed six body (DEP/DOT/OUA/SFWMD/County/City) meeting that Kim Shugar (DEP) is putting together. A suggested date, time and place for the OUA/County/City workshop would be Thursday, May 13 at 6:00 p.m. at the Health Department. PUBLIC WORKS Donnie Robertson has begun modifications to the 4h Street boat ramp. The paving of SW 15 1h Street, approved in early April by the City Council, has been completed. Upon receipt of executed contracts from APAC, a pre -construction meeting and Notice to Proceed will be given in regard to this year's street projects. CODE The Code Enforcement Board has found Marvin Brantley in violation of 7 sections of ENFORCEMENT Chapter 30 of the City's Code of Ordinances. The offenses range from illegally moored boats in Taylor Creek to fencing issues, setbacks and accessibility requirements at his junkyard - FINANCE Lola Parker continues working with the auditors in finalizing this year's audit. The major missing component is the financial reports related to pensions, which must be provided by OUA. This is an unfortunate annual occurrence that delays the completion of our audit by several months. POLICE The Police Department is seeing a gradual return to normal with regard to traffic DEPARTMENT volume and incidents. They seem to be keeping quite busy with investigations on a number of matters. They are taking part in a national program to distribute free gun locks. 2 0 0 DEPARTMENT FHZE DEPARTMENT C1TY ATTORNEY Nopsisi. Chief Tomey is finalizing details that will permit the installation of a new repeater system for the department's radio transmissions. This should enhance communication capabilities and improve safety for our on scene safety personnel. The final numbers are in on the costs associated with the fire station renovations. The total City Council approved budget for the project, including construction and reftirbishing, was $468,000.00. The total of all fire station related expenditures was $467,989.50. We had a little flexibility in the fact that some of the charges for electrical work (such as new underground wiring and a new switchgear) were split between City Hall and the Fire Station, as these were improvements to both facilities. The following are included in the items I have asked Attorney Cook to address. I . GRIT issues. 2. Legal issues related to the development and sale of land within the City's Industrial Park. 3. Deed Restrictions for the Industrial Park. 4. Prepare documents related to OUA's acquisition of needed lot from City. 5. Recommendations related to reversionary action in alley closings, etc. 6. Hamrick Trust — John is in discussion with the County Attorney on this matter. 7. Research annexation issues. 8. LDR issues, such as conversion of former residential structures to commercial. 9. Marvin Brantley's continuing situation. 10. Revisions to Appointed Board Member selection and retention criteria. 11. Ordinance related to the commencement of sitework and clearing. 4-1