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2004-05-18 RegularI F-� I CITY OF OKEECHOBEE MAY 18,2004 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION AGENDA CALL TO ORDER - Mayor: May 18, 2004, Regular City Council Meeting, 6:00 p.m. Ill. OPENING CEREMONIES: Invocation given by Pastor Duane Eatman, Treasure Island Baptist 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 Secretary Kim Barnes IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Recognize Phil Conroy for 10 years of service with the City B. Recognize Keith Tomey for 25 years of service with the City PAGE I OF 15 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the May 18, 2004 Regular City Council Meeting to order at 6:00 p.m. The Invocation was offered by Pastor Duane Eatman of Treasure Island Baptist Church; Pledge of Allegiance led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Mr. Phil Conroy was presented with a jacket and Certificate of Longevity in honor of his 10 years of service. Fire Chief Tomey was presented with a $500.00 Service Award and Plaque for his dedicated 25 years of service. Chief Tomey will be retiring May 20, 2004. Mayor Kirk will be presenting him with his retirement plaque on May 22, 2004. He introduced his wife Kathy, otherfamily members present and thanked the Council for the opportunity to work for the City. Chief Tomey then presented incoming Fire Chief, Herb Smith, with his official name plate and requested he take his place at the Department Head table. dwl 784 MAY 18, 2004 - REGULAR MEETING - PAGE 2 OF 15 AGENDA IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. C. Proclaim the week of May 22 through 28, 2004 as "Safe Boating Week." D. Proclaim May 29, 2004 as "Poppy Day." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the May 4, 2004 Regular Meeting. COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk proclaimed the week of May 22 through 28, 2004 as "Safe Boating Week" and read the following proclamation in it's entirety as follows: 'WHEREAS, recreational boating is fun and enjoyable. We are fortunate thatwe have sufficient resources to accommodate thewidevarletyof pleasure boating demands. While being a marvelous source of recreation, boating to the unprepared can be a risky sport. Not knowing or obeying the Navigation Rules, drinking alcohol or taking drugs while operating a boat or choosing not to wear a life jacket are all examples of lack of properjudgment. One particular behavlorthat can reduce, by approximately 80%, the number of boaters who lose their lives by drowning each year, is the wearing of a life jacket; and WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they wom their life jackets; and WHEREAS, modem life jackets are more comfortable, more attractive and more wearable than styles of years past and deserve a fresh look by today's boating public. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby support the goals of the North American Safe Boating Campaign and proclaim May 22 through 28, 2004 as "National Safe Boating Week" and the start of the year-round effort to promote safe boating. I urge all of those who boat to "Boat Smart from the Start" by wearing a life jacket and practicing safe boating habits. The proclamation was accepted by Fred Sterling and members of the Auxiliary Coast Guard. Mr. Sterling thanked the Mayorforthe proclamation and invited everyoneto a boating coursescheduled forThursday, May 20, 2004 and an open house at their new facility at Okee Tanie. Mayor Kirk proclaimed May 29, 2004 as "Poppy Day" and read the following proclamation in it's entirety as follows: "WHEREAS, America is the land of freedom, preserved and protected willingly and freely by citizen soldiers; and WHEREAS, millions who have answered the call to arms have died on the field of battle; and WHEREAS, a nation at peace must be reminded of the price of war and the debt owed to those who have died in war; and WHEREAS, the red poppy has been designated as a symbol of sacrifice of lives in all wars; and WHEREAS, the American Legion Auxiliary has pledged to remind America annually of this debt through the distribution of the memorial flower. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the 29th day of May 2004 as "Poppy Day" and ask that all citizens pay tribute to those who have made the ultimate sacrifice in the name of freedom by wearing the Memorial Poppy on this day." Leah Fennell from American Legion Post 64 Auxiliary was present and accepted the proclamation. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the May 4, 2004 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. AGENDA V. MINUTES CONTINUED, A. Motion to dispense with the reading and approve the Summary of Council Action for the May 4, 2004 Regular Meeting continued. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the April 2004 Warrant Register: General Fund ............................ $1,370,583.03 1 Industrial Development Fund ...... * .......... $101,343,35 Public Facility Improvement Fund ............... $10,234.46 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. 1� IVill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. MAY 18,2004 - REGULAR MEETING - PAGE 3 OF 15 COUNCIL ACTION - DISCUSSION - VOTE VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve the April 2004 Warrant Register in the amounts: General Fund, one million, three hundred seventy thousand, five hundred eighty-three dollars and three cents ($1,370,583.03); Industrial Development Fund, one hundred nine thousand, three hundred forty-three dollars and thirty-five cents ($109,343.35); Public Facility Improvement Fund, ten thousand, two hundred thirty-four and forty-six cents ($10,234.46); 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. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on the agenda. There were none. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:17 P.M. 785 786 MAY 18, 2004 - REGULAR MEETING - PAGE 4 OF 15 AGENDA Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 1. a) Motion to read by title only 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 Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 856 by title only. 2. a) Motion to adopt proposed Ordinance No. 856 (Planning Board recommends approval). b) Public comments and discussion. COUNCIL ACTION - DISCUSSION - VOTE Council Member Watford moved to read by title only 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. 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 TRACTOFLAND MOREPARTICULARLYDESCPJBED HEREIN, FROMHOLDING (H) ZONING DISTRICT TO HEA VYCOMMERCIAL (CHV) ZONING DISTRICT, AMENDING THEZONING MAPACCORDINGL Y, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE.." Council Member Markham moved to adopt proposed Ordinance No. 856; seconded by Council Member Chandler. Mayor Kirk asked whether there were any comments or questions from the public. There were none. The proposed 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 designation on an unplatted parcel of land, from Holding to Heavy Commercial. The vacant property is a seven -acre 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-q u after of the Southeast -quarter lying North of State Road 70 (Ft. Pierce Road), in Section 15, Township 37 South, Range 35 East, less the following: Beginning at the Southwest corner of the East -half of the Southwest-q u after of the Southeast -quarter of said Section 15, run North 594 feet, AGENDA Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. IA. 2. b) Public comments and discussion continued. I I MAY 18, 2004 - REGULAR MEETING - PAGE 5 OF 15 COUNCIL ACTION - DISCUSSION - VOTE 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. The 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. Plannina Staff ReDort Analvsls: (1) If the Future Land Use Map Amendment (No. 04-002-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. 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 Planning Board meeting. Clerk Gamiotea reported by memorandum in Exhibit One that all the fee's have been paid, the appropriate advertisements were published and posted, surrounding property owners were notified with no response to date. Council Member Watford noted that this was discussed at length at the first reading and agreed this was an appropriate location for a commercial type development. r 0 In 0 4b MAY 18,2004 - REGULAR MEETING - PAGE 6 OF 15 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. 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 Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 857 by title only 2. a) Motion to adopt proposed Ordinance No. 857 (Planning Board recommends approval). 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 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 TRACTOFLAND MOREPARTICULARL YDESCPJBED HEREIN, FROMHOLDING (H) ZONING DISTRICT TO HEA VYCOMMERCIAL (CH10 ZONING DISTRICT, AMENDING THEZONING MAPACCORDINGLY, PROVIDING FOR CONFUCTS, SEVERABILITYAND AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 857; seconded by Council Member Chandler. AGENDA Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. IB. 2. b) Public comments and discussion. I MAY 18, 2004 - REGULAR MEETING - PAGE 7 OF 15 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk asked whether there were any questions or comments from the Public. There were none. The proposed Ordinance, No. 857, pertains to Rezoning Application No. 04-002-R submitted by D.R. Willson Land Company on behalf of the property owners, James Crow and Charles Farmer. The request is to change the zoning district designation on platted and unplatted contiguous parcels of land, from Holding to Heavy Commercial. The 3.46 acre property is made of three parcels (identification No. 2-15-37-35-OAOO-0001 0-0000, 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, of Block 4, Price Addition to Okeechobee City, according to the plat thereof recorded in Plat Book 2, Page 17, public records of Okeechobee County, Flodda. The alleyway running East to West in Block 4. The now abandoned street known as Northeast 2nd Street between Northeast 12" and 13 1h Avenues. Commence at the Northeast corner of the Southwest - Quarter of the Southeast -Quarter of Section 15, Township 37 South, Range 35 East; thence run South 00* 18'26" East along the Easterly line thereof, 668.71 feet to the Point of Beginning; thence continue South 00* 18'26 East, 276.28 feet to the Northeast corner of Price Addition, thence run South 89*50'34 West, along the Northwest line thereof, 336.76 feet to the Northwest corner of said Price Addition; thence run North 00* 17'46 West along the West line of the East -half of the Southwest-Qu after of the Southeast -Quarter of said Section 15, a distance of 273.38 feet; thence run North 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. Plannina Staff Analysis: (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 under 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) 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) 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. M 790 MAY 18,2004 - REGULAR MEETING - PAGE 8 OF 15 AGENDA VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public comments and discussion continued. c) Vote on motion. C. 1. a) Motion to read by title only 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 Attorney (Exhibit 3). b) Vote on motion to read by title only. COUNCIL ACTION - DISCUSSION - VOTE 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 Planning Board meeting. Clerk Gamiotea reported by memorandum in Exhibit Two that all the fee's have been paid, the appropriate advertisements were published and posted, surrounding property owners were notified with no response to date. Council briefly discussed the research provided by Clerk Gamiotea in regards to two dedicated roads on each side of Block 4. Those roads are Northwest 12" Avenue, which is a 25-foot wide roadway. The other is Northeast 13t' Avenue, which is the City Limits. Mr. Willson advised he was aware of those dedicated streets and understood he would have to address those during site planning with the Technical Review Committee. 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. 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. F� I I T F—Tel #I mp_ Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 1. c) City Attorney to read proposed ordinance by title only. 2. a) Motion to adopt proposed Ordinance No. 858 (Planning Board recommends approval). b) Public Comments and Discussion. MAY 18, 2004 - REGULAR MEETING - PAGE 9 OF 15 COUNCIL ACTION - DISCUSSION - VOTE Attorney Cook read proposed ordinance by title only as follows: "AN ORDINANCE OF THE CITYOF 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 (CH10 ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYANDAN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 858; seconded by Council Member Chandler. Mayor Kirk asked whether there were any questions or comments from the public. There were none. The proposed Ordinance, No. 858, pertains to Rezoning Application No. 04-003-R submitted by D.R. Willson Land Company on behalf of the property owners, Charles and Myrna Farmer. The request is to change the zoning district designation on an unplatted parcel of land, from Holding to Heavy Commercial. The vacant property is a 5.06 (Identification No. 2-15-37-35-OAOO-000 11 -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: All that part of the North 668.71 feet of the East -half of the East -half of the Southwest-Quarterof the Southeast -Quarter of Section 15, Township 37 South, Range 35 East, less and except the North 50 feet thereof. Plannin Staff Analvsls: (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. 791 792 MAY 18, 2004 - REGULAR MEETING - PAGE 10 OF 15 AGENDA Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 2. b) Public Comments and Discussion continued. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. IX NEW BUSINESS. A. Consider award of contract related to the construction of a lift station in the Commerce Center - Gene Schriner (Exhibit 4). CORRECTION: Bid Award amount was one hundred thirty-six thousand, nine hundred fifty-two dollars and zero cents ($136,952.00). COUNCIL ACTION - DISCUSSION - VOTE 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. Clerk Gamiotea reported by memorandum in Exhibit Three that all the fee's have been paid, the appropriate advertisements were published and posted, surrounding property owners were notified with no response to date. Council Member Watford stated his concern was creating an access problem and questioned whether all of the parcels were going under one ownership.? Mr. Wilson was in attendance and responded that he planned on it, he was aware that he would be working closely with the Department of Transportation. There are several curb -cuts to various parcel and DOT was going t be looking at the project in its entirety before they would grant appropriate entrances and exists of the property onto State Road 70 East (North Park Street). VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:31 P.M. Council MemberWilliams moved to award the Commerce Center Lift Station Bid No. PW-06-10-04-04to Crews. Construction in the amount of one hundred thirtv-five thousand, nine hundred fifty-two dollars ($135,952.00); seconded by Council Member Markharn. Mr. Gene Schriner of Craig A. Smith and Associates, the engineering firm overseeing the project, addressed the Council stating that the initial bid which included the lift station, came in very high, therefore they rebid it separately. The low bidder was Crews Construction, he noted that CAS had never worked with this company, but they had submitted a complete bid, and their bid bond had been executed properly. AGENDA IX. NEW BUSINESS CONTINUED. A. Consider award of contract related to the construction of a lift I station in the Commerce Center continued. B. Motion to approve a request for a Temporary Use Permit Application lee Waiver, submitted by Regions Bank - Melanie Anderson, VP, Banking Center Manager (Exhibit 5). C. Consider preliminary plat approval of Morgan Manor - Mark Troendle, Applicant (Exhibit 6). MAY 18, 2004 - REGULAR MEETING - PAGE I I OF 15 COUNCIL ACTION - DISCUSSION - VOTE Mr. Schriner also reported that the bridge contractor will be able to build with 18-inch pilings and the $140,000.00 savings that was needed, will in fact happen. The project is proceeding well. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Chandler moved to approve a requestfor a Temporary Use Permit Application Fee Waiver, submitted by Regions Bank to hold a Community Celebration at 305 East North Park Street on May 22, 2004 from 11:00 a.m. to 2:00 p.m.; seconded by Council Member Williams. Council discussed the request to waive the $175.00 fee noting that waivers in the past have been approved for churches, clubs, or other social organizations, not businesses. Waiving the fee for a for -profit business to hold a community carnival trying to attract business would set a precedence the Council did not want to set. There was a reason the fee was put in place for this type of permit, it serves its purpose and the Council could not find justification to waive it. They also noted that they did not object to the event, however, the fee would have to be paid VOTE KIRK - NAY CHANDLER - NAY MARKHAM - NAY WATFORD - NAY WILLIAMS - YEA MOTION DENIED. Presented in Exhibit Six were the necessary application and documents required to present a preliminary plat for Council approval. The project is an eight -acre parcel located in the Southeast section between the 800 block of Southeast 91h Avenue and the City Limits, North of Blue Heron Golf and Country Club. Mr. Lorris Asmussen, the Project Engineer was present to address questions. 793 794 MAY 18,2004 - REGULAR MEETING - PAGE 12 OF 15 AGENDA IX NEW BUSINESS CONTINUED. C. Consider preliminary plat approval of Morgan Manor continued. D. Consider a request made by Okeechobee Jaycees, Inc. to contribute $1,000.00 for this year's 4t' of July fireworks display - Margaret Bowers, President (Exhibit 7). COUNCIL ACTION - DISCUSSION - VOTE It was noted that the project presented, "Morgan Manor," could change ownership, and would be renamed "Brentwood Estates." The development will consist of fifteen lots, ranging in size from .35 ace to .65 acre. The only road that is proposed is an extension of Southeast 1 01h Street, and will dead-end at a cul-de-sac. The project calls for a home owners association with deed restrictions and will be a gated community. The Technical Review Committee discussed the pre -application at their April 7, 2004 meeting, and noted the necessary changes in their motion. These changes were the basis for approval of the project. (1) Road be aligned with existing 10" Street. (2) A fire hydrant needs to be installed at the entrance to the development and half way along 10` Street. These hydrants need to be identified on the site plan. (3) Sidewalks at least on one side of the street. (4) Re - size Lots 1 and 7 to meet minimum lot size requirements for a Residential Single Family-1 Zoning District. (5) Water and Wastewater system needs to be shown on site plan. Attorney Cook needs to determine responsibility of wastewater pumps for each property. (6) Cul-de-sac needs to be 100 feet in diameter and entire footage paved. (7) Culvert pipes need to be metal and at least 15 feet by 20 feet in size. Council Member Watford moved to aDDrove a vellminary Diat for Moroan Manor: seconded bv Council Member Markham. The next step in the platting process will be for the developer to finalize all documents, data and construction plans and submit them for a final plat approval, to be considered at a final public hearing before the City Council. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. The Jaycee's requested two thousand dollars from the City for the 4 1h of July Fireworks Festival. Mr. Bo Bowers, oi the Okeechobee Jaycees was present to answer any questions that the Council had. Mayor Kirk questioned whethef money was available in the budget to meet the request? Administrator Veach answered, yes. However, thE Administrator noted, the City Council has only $1,000.00 actually budgeted for such requests. The Jaycee's havE been the only organization to request any funds to date. AGENDA IX NEW BUSINESS CONTINUED. D. Consider a request made by Okeechobee Jaycees, Inc. to contribute $1,000.00 for this year's 4" of July fireworks display continued. E. Discussion related to participation with the County and Okeechobee Utility Authority in hiring a lull time grant writer, I MAY 18,2004 - REGULAR MEETING - PAGE 13 OF 15 COUNCIL ACTION - DISCUSSION - VOTE Council Member Williams moved to aDDrove a reauest made by Okeechobee Jaycees. Inc. to contribute $1.000.00 for this vear's Forth of July Fireworks Festival: seconded by Council Member Chandler. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Discussion regarding the City's participation with the County and Okeechobee Utility Authority (OUA) to hire a full-time grant writer began with Council Member Watford stating he thought the workshop held with the OUA and County on May 13 was very productive. He expressed his concerns that should the other two entities want to hire a grant writer, the City would not receive an equal share of the benefit since we currently have a grant writer, nor does the City have the amount of projects that would require the grant writer to do as much for them. He wanted to continue in the direction of better utilizing the consultants that we have. We, the three entities have what it takes to accomplish what needs to be done. The problem is, we all have a good idea what needs to be done, but no solid data to support it. We know we are going to have to request some assistance from the State Legislature, and other governmental agencies. They will want documented data. He stated that while he was not speaking against hiring a grant writer, and he understood why the OUA and County felt they need that type of position. However, considering we all use the same consultants, and if we all went to them and said this is what we want you to work on, they (the consultants) know our situation and we could get there (to the solution) quicker. Council Member Watford continued, we, the City, are but one of the three, should the other two want to go through with hiring the grant writer, the City will have to work with them, Whatever it will take to accomplish the goal, the quickest is the way we need to go. The City does not have a real need to pay one-third of a grant writers salary. He noted he would not support that because the City would not get one-third of the employees'time nor one-third of the grants. There is also the argument that the City needs wastewater capacity to be able to grow, The only project we have is the commerce center, and we have that project proceeding well. If we all push together, in the direction to steer the existing consultants, who just happen to work for all three entities, to have them focus on obtaining grants or funding to compensate the expansion of a wastewater treatment plant, it would work. 795 796 MAY 18,2004 - REGULAR MEETING - PAGE 14 OF 15 AGENDA IX NEW BUSINESS CONTINUED. E. Discussion related to participation with the County and Okeechobee Utility Authority in hiring a full time grant writer continued. F. Recess from the regular meeting to enter into an Executive Session for discussion of a pending litigation - Mayor. COUNCIL ACTION - DISCUSSION - VOTE Council Member Markham added that he agreed with Council Member Watford. If the three would come to an agreement, and instruct them to work on a main project, they would know what to work on. Administrator Veach added that Attorney Cook had recently researched the Florida Statutes for requirements of sharing an employee, and that it could be for two years only. The employee would have to become sole employee of one entity at the end of that time period. Mayor Kirk's comments were that should at grant writer be hired, we will reach a point that one entity will have to be the boss of that person. That is one concern. The City has built a good relationship with the County and a pretty good one with the OUA and we do not want to jeopardize that. We need a plan that tells us how we are going to fix it, what it is going to cost, and how we are going to handle it in the future to keep this from happening again. Should the decision be to hire a grant writer, it will put the City in an uncomfortable situation. Final comments were added by Council Member Chandler expressing his agreement with Council Members Watford and Markham. We have two grant writers, get their opinion what needs to be done and how to do it, everyone knows them, State and Federal legislatures. Council Member Williams added that he would like to see the OUA take the lead on this since this is their "business." We need a united front of all three entities when we go to DEP, SFWMD, State and Federal representatives so that we are all saying the same thing in order to get this money. If we do not get the money, we are going to have a lot of people upset and will want answers. We may not like the way we have to do it to get it done, but we may have to go along with them and give them all the support we can. Discussion ensued with Council, County Commissioner Hazellief and Economic Director Joey Hoover. Council instructed Administrator Veach to stay in close touch with County Administrator Long and whatever is necessary to make this a priority they will do, call special meetings, workshops, etc. Solving the problem, moving to obtain grants to assist with expanding the Wastewater Treatment Plant is very important and time is a big issue. Commissioner Hazellief thanked the Council for their comments, and that it may be possible that hiring a grant writer might not be the way to handle this problem at this time. Everyone was in agreement that once the entities get through this initial emergency state for the capacity, that a three, five and/or ten year master plan with documented statistics to back up that plan, with a list of priorities to keep this from happening again, needs to be done and maintained. At 7:54 p.m. the Mayor called the regular meeting to recess. Those only to remain in the room are Mayor Kirk, Council Members Chandler, Markham, Watford and Williams, Administrator Veach, Attorney Cook and a Court Reporter. ThE discussion will be confined to settlement negotiations or strategies relating to litigation expenditures concerning thE pending lawsuit with Grit Insurance. I I AGENDA IX. NEW BUSINESS CONTINUED. G. Motion to close Executive Session and reconvene Open Session - Mayor. X. 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 solee purpose of backup for official records of the Clerk 611 1anWGamiotea*,,'City lerk James yor MAY 18, 2004 - REGULAR MEETING - PAGE 15 OF 15 COUNCIL ACTION - DISCUSSION - VOTE The court reporter's transcript will be made part of the public record upon conclusion of the litigation. All transcripts are filed in the Office of the City Clerk. Mayor Kirk closed the Executive Session and reconvened the open regular session at 8:23 p.m. There being no further items on the agenda, Mayor Kirk adjourned the May 18, 2004 regular meeting at 8:24 p.m. The next regularly scheduled meeting is June 1, 2004. A joint City, County and OUA workshop has been scheduled for May 27, 2004 at 6:00 p.m. in the County Health Department Annex Building located on Northwest V Avenue. 797 0 0 PAGE -I- CITY OF OKEECHOBEE - MAY 18,2004. REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES CALL TO ORDER - Mayor: Kirk. Mav 18, 2004, Citv Council Reaular Meetina, 6:00 D.m. 11. OPENING CEREMONIES: Invocation aiven bv Pastor Duane Eatman. Treasure Island Bar)tist Church; Pledae of Alleaiance led bv Mavor Kirk Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk 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 Secretary Kim Barnes X IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Recognize Phil Conroy for 10 years of service with the City. Received jacket and certificate. B. Recognize Keith Tomey for 25 years of service with the City. Received $500.00 and plaque. Passing of the name plate holder to next chief, herb smith who took his place with the department head seating. C. Proclaim the week of May 22 through 28, 2004 as "Safe Boating Week." (1) Mayor Kirk proclaimed the week of May 22 through 28, 2004as "Safe Boating Week" and read the following proclamation in it's entirety as follows: WHEREAS, recreational boating is fun and enjoyable. We are fortunate that we have sufficient resources to accommodate the wide variety of pleasure boating demands. While being a marvelous source of recreation, boating to the unprepared can be a risky sport. Not knowing or obeying the Navigation Rules, drinking alcohol or taking drugs while operating a boat, or choosing not to wear a life jacket are all examples of lack of proper judgment. One particular behavior that can reduce, by approximately 80%, the number of boaters who lose their lives by drowning each year, is the wearing of a life jacket; and WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets; and WHEREAS, modern life jackets are more comfortable, more attractive and more wearable than styles of years past and deserve a fresh look by today's boating public. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby support the goals of the North American Safe Boating Campaign and proclaim May 22 through 28, 2004 as "National Safe Boating Week" and the start of the year-round effort to promote safe boating. I urge all of those who boat to "Boat Smart from the Start" by wearing a life jacket and practicing safe boating habits. Accepted by Fred Sterling and the Auxiliary Coast Guard members. Mention well have boating course this thrusday, open house at new facility at okee tanie. Thanks for the proclamation. 0 0 PAGE -2- D. Proclaim May 29, 2004 as "Poppy Day. " (2) Mayor Kirk proclaimed May 29, 2004as "Poppy Day" and read the following proclamation in it's entirety as follows: WHEREAS, America is the land of freedom, preserved and protected willingly and freely by citizen soldiers; and WHEREAS, millions who have answered the call to arms have died on the field of battle; and WHEREAS, a nation at peace must be reminded of the price of war and the debt owed to those who have died in war; and WHEREAS, the red poppy has been designated as a symbol of sacrifice of lives in all wars; and WHEREAS, the American Legion Auxiliary has pledged to remind America annually of this debt through the distribution of the memorial flower. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the 29th day of May 2004 as "Poppy Day" and ask that all citizens pay tribute to those who have made the ultimate sacrifice in the name of freedom by wearing the Memorial Poppy on this day. Accepted by Lea Fennell of the American Legion Post 64 Auxiliary. V. MINUTES - City Clerk. A. Council Member NC moved to dispense with the reading and approve the Summary of Council Action for the May 4, 2004 Regular Meeting; seconded by Council Member CW. VOTE YEA NAY ABSTAIN ABSENT KIRK x CHANDLER x MARKHAM x WATFORD x WILLIAMS x MOTION: CARRIED. VI. WARRANT REGISTER - City Administrator. A. Council Member Watford moved to approve the April 2004 Warrant Register in the amounts: General Fund one million, three hundred seventy thousand, five hundred eighty-three dollars and three cents ($1,370,583.03); Industrial Development Fund one hundred nine thousand, three hundred forty-three dollars and thirty-five cents ($109,343.35); Public Facility Improvement Fund ten thousand, two hundred thirty-four and forty-six cents ($10,234.46); seconded by Council Member Markham. DW - gen fund, a CD rolled over, reason for large amount, PFIF, to Okee County, street paving split. CAS - include some of th eaddtional we'd approved, collective payments owed, industrial devel, extra out of General Fund. VOTE KIRK CHANDLER MARKHAM WA FORD X WILLIAMS X MOTION: CARRIED YEA X X X NAY ABSTAIN ABSENT VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda, None. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor 6:17 PM A. 1. a) Council Member Watford moved to read by title only 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 Attorney (Exhibit 1); seconded by Council Member Williams. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT, KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X PAGE -3- MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 856 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BYREZONINGACERTAINTRACTOFLANDMOREPARTICULARLYDESCPJBEDHEREIN, FROM HOLDING (H) ZONINGDISTRJCTTOHEAVYCOMMERCIAL (CHIOZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFUCTS, SEVERABILITY AND AN EFFECTIVE DATE. ty 2.a) Council Member Markham moved to adopt proposed Ordinance No. 856 (Planning Board recommends approval); seconded by Council Member Chandler. b) Public comments and discussion. None. 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 corner fo the East -half of the Southwest quarterof 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. Plannina Staff ReDort Anallnis: (1) If the Future Land Use Map Amendment (No. 04-002-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. 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. DW - discussed at length last meeting, good location, no public response. C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X 0 0 MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED — DENIED PAGE -4- B.1.a) Council Member Watford moved to read by title only 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 Attorney (Exhibit 2); seconded by Council Member Williams. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. C) Attorney Cook read proposed Ordinance No. 857 by title only as follows: "AN ORDINANCE OF THE CITYOF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BYREZONINGA CERTAIN TRACTOFLANDMOREPARTICULARLYDESCRIBEDHEREIN, FROM HOLDING (H) ZONINGDISTRICTTO HEAVYCOMMERCIAL (CH10 ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2.a) Council Member Markham moved to adopt proposed Ordinance No. 857 (PlanningBoard recommends approval); seconded by Council Member Chandler. b) Public comments and discussion. None. 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 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 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 feet to the Point of Beginning; thence continue S 00* 1826 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* 1 T46 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. Mr. LaRue, briefly addressed the Council, Planning Staff Report reflects that this parcel already has a Future Land Use designation of Commercial. Plannina Staff Analysis: (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 PAGE -5- 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) 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) 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. Markham - 12 and 13 Avenue issue tonight is zoning issue, development issues, streets and rights of ways will be handled through TRC, came back before us it would be in form of a plat issue Markham - just wnat them to be aware of them and they will come into play, last meeting we brought it up and clerk responded, thought they should be issued. Even though existing - they will have to be brought up to current code when they are addressed by developer. Dw - that was my concern, will have to add some dedication to existing easement. Markham - Watford - looks like it includes that right of way and we need to clarify that it is not a parcel of land, but an existing right of way. Kirk - staff will address as appropriate Rob Willson - one street, west 25'will most likely come back before you, there's 9 curb cuts to the properties, DOT will not allow, city/county street will continue that street, we are aware there will a lot of issues we will all have to work together on. The physical location of 12 1h will not work as it is now. As we go forward, we think it will be something you all will like, working closely with Mr. Veach. Well aware of it. C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. C.I.a) Council Member Watford moved to read by title only 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 Attorney (Exhibit 3); seconded by Council Member Williams. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. C) Attorney Cook read proposed ordinance by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONINGA CERTAIN TRACTOFLAND MORE PARTICULARLYDESCRIBED HEREIN, FROM HOLDING (H) ZONING DISTRICTTOHEAVYCOMMERCIAL (Ch%9 ZONINGDISTRICT, AMENDING 0 9 PAGE -6- THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVEDATE." 2.a) Council Member Markham moved to adopt proposed Ordinance No. 858 (Planning Board recommends approval); seconded by Council Member Chandler. b) Public Comments and Discussion. None. 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-000 11 -0000) located on the North side of North East Park Street (State Road 70 East), across from the United States Post Office. 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. Planninq 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 forthis 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. Watford, same road, all parcels going under one ownership, Rob - we plan for it. Watford, if not, it will create an access problem. Markham east of 13 1h Avenue all the way to 51h street when they do look at that, may be something to continue, permanent road (13t' Avenue), might be good to make sure road in before approving building plans. Kirk, developer is aware of it. As long as we've talked about it they are aware of it. C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED — DENIED MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:31 P.M. Vill. NEW BUSINESS. A. Council Member Williams moved to award the Commerce Center Lift Station Bid PW-06-10-04-04 9 0 PAGE -7- Crews Construction in the amount of $135,952.00 - Gene Schriner (Exhibit 4); seconded by Council Member Markham. Gene Shriner, bid lift station with commerce center, lift station in very high, let on separate bid, low bidder was crews construction, recommend the bid be awarded bid complete, don't know them working with bridge contractor, can do 18inch pling, coming back with change order, we're getting there. We have not worked with them. Don't know anything about them, but they submitted a complete bid and are the low bidder. Bid bond Kirk, don't think we have any concerns at this time. VOTE YEA NAY ABSTAIN ABSENT KIRK X x CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. B. Council Member Chandler to approve a request for a Temporary Use Permit Application Fee Waiver, submitted by Regions Bank - Melanie Anderson, VP, Banking Center Manager (Exhibit 5); seconded by Council Member Williams. Markham, the waivers have mostly been churches, clubs, social organizations, not businesses, only problem I have with it. They are using their own property. But LDR's says to use even your own property you need a temp use permit which has a $175.00 use permit that they have applied for. Watford - if they were going to do this inside their building there would be no permit required. Reason we had to go to this to stop some things that were occurring, unfortunate that we have to go to this, but we have, seems to me that we should stick with it, unless we just abandon all of the fee's. Agree with Markham, support business, but they are a business trying to attract business, they is a for -profit organization, think it would defeat purpose of permit. Kirk, in mind no problem with bank, but do in so much as what it will do for future applicants, hate to tell them no but we put that on there for very good reasons. Watford, not telling them they can't have the event, its just a business expense to have the event. Certainly appreciate all the businesss and what they do, but it is in fairness to other businesses. VOTE YEA NAY ABSTAIN ABSENT KIRK x CHANDLER x MARKHAM x WATFORD x WILLIAMS x MOTION: DENIED. C. Consider preliminary plat approval of Morgan Manor - Mark Troendle, Applicant (Exhibit 6). Typo on covenants, paragraph 5. What is the procedure. Lorris Asmussen, Project Engineer DW - 100 ft diameter cul de sac - yes that is our no curb and gutter, just roadside swales per SFWMD Williams, 6inch water line to hydrant 4 inch thereafter - fire chief spoke on this, line had to be connected in the future. Herb - no indication any improvement need thereafter. Where city limits? East property line of development, Lots 8 and 9. Kirk, something we can require if we want to. Cook - not sure city can require larger than required by OUA says can go in there. Williams, using it as deadend now, can create bottleneck, city is full of them as it is. Markham - clean out at end of water line value. Cook - development cannot be approved unless all TRC members are on board, inluding OUA Williams - TRC needs to think about this for future developments. Watford, OUA could request it, and pay the difference. 9 0 PAGE -8- Watford motion to approve prelimianry plat of Morgan Manor; seconded by Council Member Markham. Final has to come back. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. D. Council Member Williams Liberty Day Celebration to approved a request made by Okeechobee Jaycees, Inc. to contribute $1,000.00 for this year's 4" of July fireworks display - Margaret Bowers, President (Exhibit 7); seconded by Council Member Chandler. Bo Bowers, Okeechobee Jaycees, Tim Meckling, Treasurer of Jaycee's this year. Contribution for fireworks display, July 4 at Okee Tanie. Kirk, $1000 in budget? Who ever came first? Last year? $1000.00 To be expended at the City Council's discretion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. E. Discussion related to participation with the County and Okeechobee Utility Authority in hiring a full time grant writer. Williams - meeting on this Thursday morning? David, yes sir, called special. Watford, thought productive workshop with OUA and County, somewhat concerned how that may or what might have been accomplished, very pleased, very productive, still feel, know it wont be well received by OUA and County, still feel with consultants tha twe have, we have what it takes to accomplish what needs to be done, problem is we all have a good idea what needs to be done but no solid data to support that, go to State Legislature, other governmental agencies will want documented data, not speaking against for grant writer, they feel they need that, we all use the same consultants, and if we all went to them and said this is what we want you do work on, they know our situation, think we could get there quicker, that's how I think we need to proceed, we are 1 of the 3, other 2 say this is the way to go, we will have to work with them, whatever will accomplish that, the quickest is the way we need to go, concern if we say we need the high dollar position, we're the little dog here from the city standpoint and I just don't know we have that need. If it comes out that we have to pay 1/3 1 would not support that because we would not get 1/3 out of time, grants, county could, arguement would be city needs wastewater capacity and need it to be able to grow, only project we have it commerce center, think we are pretty good on all of it, if we all push together in that direction think it would work. Markham, agree with Watford, with agreement with County and OUA, instruct him to work on the project, he would know work on it, with all 3 telling him to work on it would do good, someone being paid, work harder if your going to get paid by getting something than salary for Veach, attorney supplied, appeared by FS, share employee, would have to be 2 years only, they would have to become sole employee of I entity at the end of that period of time. Kirk, reach point that we do have grant writer, one will have to be the boss of that person, can't have 3 bosses, that's one of my concerns, we've built up a good realationship with county and pretty good with OUA, if we end up going down that road, 1 of the entities will have to be the boss, not all 3. Listening to the meeting the other night, I think we need a plan, how are we going to fix it, what is it going to cost, how are we going to handle 0 0 PAGE -9- it in the future to keep this from happening again, 3, 5 10 year planning, City andCounty want to see these plans, not bashing OUA, we all 3 are goin gto get into this, as Watford said at that workshop, we thought we were out of that business, but we aren't, we need to know things, we need answers to the questions I stated, I feel like, we have the 2 managers talking, both other entities decision grant writer is way to go, I think it will put us in uncomfortable situation being 1 man out, agree with what Watford said, not start with top dollar person out, as in DeSoto County, they didn't start out at top dollar, walked away from workshop knowing there is a problem, but walked away without answers, sounds like moratorium will happen, position where were going to have to do as much as we can, we don't vote on things up here with out supporting data, we're talking about something without that data, no one has shown us this is the problem, this is the solution, this is how much it is going to cost, and this is what we're going to do to prevent it. Can't afford to be the odd man out if they want it. Chandler, like Watford and Markham, we have 2 grant writers, get their opinion what needs to be done and how todo it, everyone knows them, state and federal legislatures, salary is just salary, think it will come back to bite all of us. Kirk, one thing that concerns me, enlarging capacity, may not be only problem associated with this to be able to bring this thing online, don't know, had the 3 of us together and had our person as facilitator, to see where we're going. Chandler, enlarging capacity, got to have increase capacity Williams, OUA is going to have to take lead on this, that's there busienss, 4 months before solid figures, greatest thing I see, show united front with all 3 city, county, oua, when we go to DEP, SFWMD, State and Fed reps, say same thing in order to get this money, if we don't get the money, going to have a lot of people up here screaming, going to have to go along with them and given them all the support we can, united front not seen it will all be for naught. (Williams Left chambers at 7:26 p.m.) Watford, correct, all agree on that, but we've got to have a master plan, is what we use to call it, surprised, thought we were out of it, getting thrust back in it, my concern is, don't want to critize but OUA has admitted we can't solve this admitted, need some help. Met before on impact fee's, going to get that, wasnt' a big priority, not far along, grant writer or whatever, advertise, hire person, unless you hire someone who already has connection then they have to create those relationships. The ones we have on stay already have that. Feel we are in crisis here, its already going to take us to the morotuem, we might be forced water pretty, sewer plant can be expanded, almost forced into, we've got to do this and take care of this before we can put the master plan together and may not do things the way we would have done, had we had the master plan at the beginning, going to have to use best guess at this time, use current consultants to at least put out th efire, get us out of crisis. Advertisement, hiring, just puts us that much behind, Markham, grant writer has to have plan, new person would not even know. Watford, well have to tell them, we want you to get us sewer capacity now and whatever it is to get us at capacity right now that is what we've got to do, then once we get that going, now we need money, still going to need money, still not going to have it, then do master plan, that's how big a crisis I think we are in, don't think we have luxury of time. Kirk, answer may be to go with that person, other 2 entities feel less strong, may have to support that, understand what you are saying, to much at steak to be odd man out, concerned that new person will have to perform real quick, 3 of us going to have to sit down again. David Hazellief - don't disagree with anything said tonight, lot of good points mentions, elected officials will probably have to take the lead, don't disagree with needing to do something fast, recently as this afternoon, Veach and Long met with lobbist and, Dale thinks highly probably 8 million of the 10 million, past OUA always preferred free money instead of match, may have to look at match funds, all in this together, all our concerns do whatever necessary, little premature to spend $75,000 on grant writer, quick study 60-90-120 days what needs to be done and then long range planning. Think we can work this out, don't want to see progress stop, 0 0 PAGE -10- industry is comin gin and we need to keep momentum goin g. Already started talking with SFWMD. Understand Long and Veach are meeting with DEP, don't want this put on back burner, as soon as we get report/data back need to meet again and go from there. Kirk, appreciate your comments, all working together. Joey Hoover, too long piece mealing these things, OUA looking at study with housing, implementing tool for stragetic plan, if we decide we need help, consultant problems, to back away from partnership, 33% drop in bucket what this potential of this growth, city may be smallest dog but you've got the biggest bite, city has biggest risk since most of customers in city, agree on puttin gout what fires that need to be put out, long term planning agree, got to be in place, encourage you to stay with it even if other 2 want to hire grant writer now. Kirk, Bill keep us up to date, call meeting if need be. Watford, appreciate comments, David, instruct Bill to stay in close touch with Long and whatever we need to do, call special meetings, workshops, whatever is needed, we'll have to support, realize this is a priority. All fee like we need to put out th efire first. Yes. Kirk, reason other comments made, if master plan keep us from gettin gin this again. Markham, when OUA comes up with plan, assume we'll have chance to may comments, people from outside can give better perspectives, than those that look at it every day, may be other areas, or one system, may be other system to take online to help. Kirk, people we have now, he may be able to find solution, at this point going to have to let everyone have their meetings, Dales spoke with Bill, see where leads, going to be part of it. Watford learned our theory was wrong, we are not out of the business, and we are not going to be, learned we need to keep, like county has regularly scheduled meetings/workshops, maybe we can be included in that part. Anytime I got compliants, I tell people to call oua that is what they do. Need to be more in tune. Markham small scarifice to get something done in a hurry. Kirk, David can relay we have not backed off, will be here to help fight the fight. Grant writer may or may not be something we need, address it if need is there. 7:43 p.m. F. Recess from the regular meeting to enter into an Executive Session for discussion of a pending litigation - Mayor. At 7 45 p.m. the Mayor called the regular meeting to recess and begin the closed executive session as requested by Attorney Cook. Those only to remain in the room are Mayor Kirk, Council Members chandler, Markham, Watford and Williams, Administrator Veach, Attorney Cook and a Court Reporter, Deborah Dew of Atlantic Reporting. The discussion was confined to settlement negotiations or strategies relating to litigation expenditures concerning the pending lawsuit with Grit Insurance. The court reporter's transcript will be made part of the public record upon conclusion of the litigation. All transcripts are filed in the Office of the City Clerk. G. Motion to close Executive Session and reconvene Open Session - Mayor 8:23 p.m. 8:24 p.m. mayor adjourned the meeting 0 0 PAGE -I- CITY OF OKEECHOBEE - MAY 18,2004 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES 1. CALL TO ORDER - Mayor: i� t ( Y�- Mav 18. 2004, Citv Council Reaular Meetina. 6:00 o.m. Ill. OPENING CEREMONIES: Invocation aiven bv Pastor Duane Eatman. Treasure Island Bar)tist Church: Pledae of Alleaiance led bv Mavor III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent 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 V/ City Administrator Bill L. Veach City Clerk Lane Gamiotea Secretary Kim Barnes IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Recognize Phil Conroy for 10 years of service with the City. ("t!(A Z-&(U�-4r-Ceriil�ca6. B. Recognize Keith Tomey for 25 years of service with the City. C V\� C. Proclaim the week of May 22 through 28, 2004 as "Safe Boating Week." Mayor Kirk proclaimed the week of May 22 through 28, 2004as "Safe Boating Week" and read the following proclamation in it's entirety as follows: WHEREAS, recreational boating is fun and enjoyable. We are fortunate that we have sufficient resources to accommodate the wide variety of pleasure boating demands. While being a marvelous source of recreation, boating to the unprepared can be a risky sport. Not knowing or obeying the Navigation Rules, drinking alcohol or taking drugs while operating a boat, or choosing not to wear a life jacket are all examples of lack of proper judgment. One particular behavior that can reduce, by approximately 80%, the number of boaters who lose their lives by drowning each year, is the wearing of a life jacket; and WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets; and WHEREAS, modern life jackets are more comfortable, more attractive and more wearable than styles of years past and deserve a fresh look by today's boating public. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby support the goals of the North American Safe BoatingCampaign and proclaim May 22 through 28, 2004 as "National Safe Boating Week" and the start of the year-round effort to promote safe boating. I urge all of those who boat to "Boat Smart from the Start" by wearing a life jacket and practicing safe boating habits. ckc ctvu 0 aAs h � Co, rz, 36�c-:; no Lt�v- OW 0 0 PAGE -2- D. Proclaim May 29, 2004 as "Poppy Day." Mayor Kirk proclaimed May 29, 2004as "Poppy Day" and read the following proclamation in it's entirety as follows: WHEREAS, America is the land of freedom, preserved and protected willingly and freely by citizen soldiers; and WHEREAS, millions who have answered the call to arms have died on the field of battle; and WHEREAS, a nation at peace must be reminded of the price of war and the debt owed to those who have died in war; and WHEREAS, the red poppy has been designated as a symbol of sacrifice of lives in all wars; and WHEREAS, the American Legion Auxiliary has pledged to remind America annually of this debt through the distribution of the memorial flower. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the 29th day of May 2004 as "Poppy Day" and ask that all citizens pay tribute to those who have made the ultimate sacrifice in the name of freedom by wearing the Memorial Poppy on this day. LeaFmn e-11 =- a�) �7' 6 a -k6y- ((-_e0Kk (1) V. MINUTES - City Clerk. A. Council Member M C� moved to dispense with the reading and approve the Su mmary of Council Action for the May 4, 2004 Regular Meeting; seconded by Council Member 6�_ VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: CARRIED — DENIED VI. WARRANT REGISTER - City Administrator. A. Council Member DO moved to approve the April 2004 Warrant Register in the amounts: General Fund one million, three hundred seventy thousand, five hundred eighty-three dollars and three cents ($1,370,583.03); Industrial Development Fund one hundred nine thousand, three hundred forty-three dollars and thirty-five cents ($109,343,35); Public Facility Improvement Fund ten thousand, two hundred thirty-four and forty-six cents ($10,234.46); seconded by Council Member LAI\ 6eq. FLLa& C 0 rz.� Qb�� -katar- arnbLt_,Y,�� to, DqG, GC� C>(_o_o C�*y _��LCt _p—cp(ac-Acc� Ita VOTE YEA NAY ABSTAIN ABSENT b-&A PCLL rl KIRK cfts 9,Mf L CHANDLER M C1.0 MARKHAM CLU,-. WATFORD WILLIAMS POL/Ll Sq 1kj- MOTIO ��IE)D — DENIED CC V1. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vil. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor 6. - 11 PM A. 1. a) Council Member r,>W moved to read by title only 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 Attorney (Exhibit 1); seconded by Council Member CL6, 0 0 PAGE -3- b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS J MOTION: (CARRIED - DENIED C) Attorney Cook read proposed Ordinance No. 856 by title only as follows: "AN ORDINANCE OF THE CITYOF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OFOKEECHOSEE BYREZONINGA CERTAIN TRACTOFLANDMOREPARTICULARLYDESCPJBEDHEREIN, FROM HOLDING (H) ZONING DISTRICTTOHEAVYCOMMERCIAL (CH110 ZONINGDISTR!CT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DA TE. n 2.a) Council Member UQ> Uyl moved to adopt proposed Ordinance No. 856 (Planning Board recommends approval); seconded by Council Member b C, b) Public comments and discussion. 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 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. 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. Plannina Staff ReDortAnallnis: (1) If the Future Land Use Map Amendment (No. 04-002-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. 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. 0 0 PAGE -4- TDO U-) �� 6"" C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT, KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: RRIED DENIED B.1.a) Council Member zu7— moved to read by title only 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 Attorney (Exhibit 2); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: CARRIED — DENIED C) Attorney Cook read proposed Ordinance No. 857 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDAAMENDING THEOFFICIAL ZONINGMAP OFOKEECHOBEE BYREZONINGA CERTAIN TRACTOFLANDMOREPARTICULARLYDESCRIBEDHEREIN, FROM HOLDING (H)ZONINGDISTRICTTOHEAVYCOMMERCIAL (CH10 ZONING DISTRICT, AMENDING THE ZONING MAP A CCORDINGL Y, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.." 2.a) Council Member LO�' moved to adopt proposed Ordinance No. 857 (Planning Board recommends approval); seconded by Council Member r'�C— b) Public comments and discussion. 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 PAGE -5- 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 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 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 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* 1746 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. 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) 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) 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 applicalion was considqred at the April 27, 2004 meeting. KcLck I;_ 16tt� - C6&ca&c4 -1VWJtZ7 —iD n 10 04 ir O-)O-T �LI-L oa adr (i b4 —Vp- 06- t' C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: ECARRDIED DENIED PAGE -6- CA.a) Council Member VW moved to read by title only proposed Ordinance No. 858 pertaining to Rezoning Application No. 04-003-R submitted by Rob Willson on behalf of Charles and Myrna Farmer for u n platted land located North of North East Park Streetfrom Holding to Heavy Commercial - City Attorney (Exhibit 3); seconded by Council Member CAAY b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT, -Z F%IMI% CHANDLER MARKHAM wAT=non WILLIAMS MOTION: RRIE — DENIED c) Attorney Cook re oposed ordinance by title only as follows: "ANORDINANCEOFTHECITYOF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONINGA CERTAIN TRACT OFLAND MORE PARTICULARLYDESCRIBED HEREIN, FROM HOLDING (H)ZONINGDISTPJCT TO HEA VYCOMMERCIAL (CH10 ZONINGDISTRfCT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. if 2.a) Council Member -Lffi moved to adopt proposed Ordinance No. 858 (Planning Board recommends approval); seconded by Council Member -0f, - b) Public Comments and Discussion. 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-000 11 -0000) located on the North side of North East Park Street (State Road 70 East), across from the United States Post Office, 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. Planninci Staff Analysis: (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. 0 PAGE -7- 0. 5VML ow-w <Iikp �,(A) yes -azc"o, -qu- uw-r�� L Of - -Y cc a,0 Af� C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: ARRIED DENIED MAYOR KIRK CLOSED THE PUBLIC HEARING AT PM. VIII. NEW BUSINESS. A. Council Member _0_- LL) moved to award the Commerce Center Lift Station Bid PW-06-10-04- 04 to fAkL06 in the amount of $ qS—a, - Gene Schriner (Exhibit 4); seconded by Council Member LO-'N G--,-�CtJ'uCW1) - L" FX87 *�af)r C-A S. ��y 1,2,-A- WWj?-C/yV9W0U,6� &LW-4) GUA)00 lt,2� 0A0 ms� uAt-h CQw-j uf� C,4-af) � VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: CARRIED DENIED PAGE -8- B. Council Member moved to approve a request for a Temporary Use Permit Application Fee Waiver, submitted by Regions Bank - Melanie Anderson, VP, Banking Center Manager (Exhibit 5); seconded by Council Member 3 UY' . &,W-ff-a bOA,;,z- dizC jAntR Npuov-d�, 0&6 ipro�-� - no - ekt&- LrO'). -- Ch-��� 2xz,*-� A, 3 C/ �OAO� V'4e i=�01 1-11� "dn'� UQ,, Ina urtf-n 6. V- VOL VOTE YM NAY ABSTAIN ABSE�, KIRK CHANDLER M�) MARKHAM �'W&L&j WATFORD WILLIAMS MOTION: CARRIED - DENIED C. Consider preliminary plat approval of Morgan Manor - Mark Troendle, Applicant (Exhibit 6). D U-) , Cow Man - 0A rk - Tbe bo- 6Aak-,tZ,, dawy� A)� 9p - djLd2-z clo�� bo� PA&UMinaq&� km C. am-�- .tM4.%9 tb4jp- ktN4� a-VtA Lm- h&-j T �- Raj-) �D TO aW.Ud -tr),U.64Z--. t C'w wutj) P'pt'- -�3w - (oil _Lo& CV Vt/ze C-Li, ffva 'Um± OnCLK-�', bvzc� Lf� C4ofv\ 04 Oahw-o CD a -n nat VOTE YEA NAY ABSTAIN ABSENT C -U-� �aL KIRK CHANDLER -D uo o V A — kz�e- cuctt C a-r-e eL MARKHAM �Ac CC'�,n �10� WATFORD WILLIAMS MOTION: CARRIE)D- DENIED 0 Do�- �p 0 D� - Cb3 -4-2, 0 (c'l F5 L, rn - ' Di, c)T- — WJ,.r CuP ob-t- tD ctd-p- in out� f, Pm Mat P-w OAOIu bO- wl-LQ IP62(- TempUJ2� - . - Ltc�-19 n-\,Ck kVVe 0- Pq&&� �a& "-ka� "t", �ah� !qv, �-& rmt -tkL OT�w , Oak W., ou Md, m-)a n OA .4 ot/u� & 14&t-a-a a qu-0- t/UO co MUC& y A), 9 qUVf Lt UOd-'O-/iJ M a -t�AM TAM nac/ol - n c. CLU aLod&.b oy) G=arria-" Co���q aALve, a = IYWd-a I 16� 6T) pl-of CI,6 uw-, 0%, rrct V-r, M-an ASAP. th 9 9 C—a�L C�,hAa-, *AIQL� dt/)) Lm�-h Pi., t� I -a C)UA c"tv-q Y /I A ga&) ffz+ dq C6 av)5Z6 0 16 JW,4 vm w7ta� J�?N J�� Offmi J& 04�1� - QP&L-t -,1n6?t6j J10, cork�- 70w - A0 rD" Dr - UY, I I a4un ry\.Qd 7t - aTw-,D w1d6vn w&t 0 (wd �aq*a 6�� L-m NA- LIIO Ma� or - WULL ioi- 0- gaa 9AUA-L 0 0 PAGE -9- D. Council Me CW moved to approved a request made by Okeechobee Jaycees, Inc. to contribute $X. tlRolr this year's 4 1h of July fireworks display - Margaret Bowers, President (Exhibit 7); seconded by Council Member f ),,` "50 bowex- / -T, (n fbedil(n -T('CQsu(Y-r Okee jajCee,<j tu'-N T�-LLi 4th 4DUCraaCLL lcoo.w 'In - low �co flec!d- tas+, �az)f- I 16Lkci r Rat 4412,t ct- J-1� Ale)&, VOTE Y�, NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: DENIED '0/000, 00 E. Discussion related to participation with the Countyand Okeechobee Utility Authority in hiring afull time grant writer. u) C-Orr--X��-) EhXt Ofla- -4pktZ� Q&e ckp- OAQ- MY& 0 t"`t4�� 4�0 Cff uA tPle QQttkaa& CJ tAk DlM� C4_7 -V -e _� J Aj o— r n md GL�� t&,o WR-L- t) OAaro ao-L� 5&dd a- p a -As -t-v V tpfl�m /nQ Mn-/ CD -In CLUJ Abji� 1(jajV--, wpwt-o UX arw OQU d rb dV�� 10 41--, 6diu-4 ye� OU0V et14 ow;tbln Fil a tb OLD 0,0 ff)\j-Lc-h ap uw- M n )OLIU X MU 0 0 PAGE -10- F. Recess from the regular meeting to enter into an Executive Session for discussion of a pending litigation - Mayor. At p.m. the Mayor called the regular meeting to recess and begin the closed executive session as requested by Attorney Cook. Those only to remain in the room are Mayor Kirk, Council Members chandler, Markham, Watford and Williams, Administrator Veach, Attorney Cook and a Court Reporter, The discussion was confined to settlement negotiations or strategies relating to litigation expenditures concerning the pending lawsuit with Grit Insurance. The court reporter's transcript will be made part of the public record upon conclusion of the litigation. All transcripts are filed in the Office of the City Clerk. G. Motion to close Executive Session and reconvene Open Session - Mayor P.M. 0 CALL TO ORDER - Mayor: OPENING CEREMONIES: CITY OF OKEECHOBEE May 18,2004 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA May 18, 2004 City Council Regular Meeting, 6:00 p.m. Invocation given by Pastor Duane Eatman, Treasure Island Baptist Church. Pledge of Allegiance led by Mayor. 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. Recognize Phil Conroy for 10 years of service with the City. B. Recognize Keith Tomey for 25 years of service with the City. C. Proclaim the week of May 22 through 28, 2004 as "Safe Boating Week." D. Proclaim May 29, 2004 as "Poppy Day." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the May 4, 2004 Regular Meeting, PAGE 1 OF 4 MAY 18,2004 - CITY COUNCIL AGENDA - PAGE 2 OF 4 VI. WARRANT REGISTER - City Administrator. A. Motion to Approve the April Warrant Register. General Fund $1,370,583.03 Industrial Development Fund 109,343.35 Public Facility Improvement Fund 10,234.46 0 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by tifle only 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 Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 856 by title only. 2.a) Motion to adopt proposed Ordinance No, 856 (Planning Board recommends approval). b) Public comments and discussion. c) Vote on motion. B.I.a) Motion to read by title only proposed Ordinance No. 857 pertaining to Rezoning 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 2). b) Vote on motion to read by title only. MAY 18,2004 - CITY COUNCIL AGENDA - PAGE 3 OF 4 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.I.c) City Attorney to read proposed Ordinance No. 857 by title only. 2.a) Motion to adopt Ordinance No. 857 (Planning Board recommends approval). b) Public comments and discussion. 0 c) Vote on motion. CA.a) Motion to read by title only proposed Ordinance No. 858 pertaining to Rezonng 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 3), � b) Vote on motion to read by title only, c) City Attorney to read proposed Ordinance No. 858 by title only. 2.a) Motion to adopt Ordinance No. 858 (Planning Board recommends approval). b) Public comments and discussion, c) Vote on motion. CLOSE PUBLIC HEARING. IX. NEW BUSINESS. A. Consider award of contract related to the construction of a lift station in the Commerce Center - Gene Schriner (Exhibit 4). B. Motion to approve a request for a Temporary Use Permit Application Fee Waiver, submitted by Regions Bank - Melanie Anderson, VP, Banking Center Manager (Exhibit 5). MAY 18,2004 - Crry COUNCIL AGENDA - PAGE 4 OF 4 IX NEW BUSINESS CONTINUED. C. Consider preliminary plat approval of Morgan Manor - Mark Troendle, Applicant (Exhibit 6). D. Consider a request made by Okeechobee Jaycees, Inc. to contribute $2,000.00 for this year's 0 of July fireworks display - Margaret Bowers, President (Exhibit 7). is E. Discussion related to participation with the County and Okeechobee Utility Authority in hiring a full time grant writer. F. Recess from the regular meeting to enter into an Executive Session for discussion of a pending litigation - Mayor. G. Motion to close Executive Session and reconvene Open Session - Mayor. X. 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. I �-_j Office of the Mayor Olieeolzohee, lblwlari�& 9AS, America is the I&nJof freedom, preserved and protected willingly and -'- citizen soldiers; and [EREAS, millions who have answered the call to arms have died on the field of hat e','­ [EREAS, a nation at peace must he reminded of the price of war and the debt owed to t e who have died in war; and WHEREAS, the red poppy has been designated as a symbol of sacrifice of lives in all wars; and WHEREAS, the American Legion Auxiliary has pledged to remind America annually of this debt through the distribution of the memorial flower. NOW THEREFORE, 1, JamesE. Kirk, by virtue of the authority vested in me as Mayor of the Cityof Okeechobee, do hereby proclaim the 29th day of May 2004 as "Poppr Dar and ask that all citizens pay tribute to those who have made the ultimate sacrifice in the name of freedom by wearing the Memorial Poppy on this day. .T in witness whereof I have hereunto set tny hand and caused this seal to he a0i�eji. James E. Kirk, M Attest: LA\ OuaQ�fam/6 ane Gamiotea, Cit-r- 4-5 Date: ,.'W :,Nor, 6e r-1 Y Office of the Ma or (9AWx&&e, S, recreational boating is fun and enjoyable. We are fortunate that we have sn" date the wide variety of pleasure boating demands. While b, resources to accommo marvelous source of recreation, boating to the unprepared can he a risky sport. oil knowing or obeying the Navigation Rules, drinking alcohol or taking drugs while operal0k; m: A boat, or choosing not to wear a life jacket are all examples of lack Of proper judgment-.�,.`.�' r One particular behavior that can reduce, by approximately 80%, the number of boate r who lose their lives by drowning each year, is the wearing of a life jacket; and Z' WHEREAS, asignificant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets; and WHEREAS, modern life jackets are more comfortable, more attractive and more wearable than styles of years past and deserve a fresh look by today's boating public. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby support the goals of the North American Safe Boating Campaign and proclaim May 22 through 28, 2004 as "National S&Ae Boating. Wenk " and the start of the year-round effort to promote safe boating. I urge all of those who boat to "Boat Smart from the Start" by wearing a life jacket and practicing safe boating habits. Aitesi: in witness whereof I have hereunto set m ,7 ­ ­1, hand and caused this seal to he affixeil. Kirk, M&3 !7t-n Lane G�niotea, City, Date: bVIL"'­ L .,ism wr 0 ORDINANCE NO. 856 ExHIBIT 1 ~ MAY 18,2004 AGENDA 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. 04-001-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 thatthis request be removed fromthe 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 (SEI/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 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 4�h 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 0 MEMORANDUM To: Mayor and Council From: Lane Gamiotea, City Clerk Subject: Ordinance No. 856/Rezoning No. 04-001-R Date: May 12, 2004 This is the final public hearing regarding Ordinance No. 856 to consider approving Rezoning Application No. 04-001-R. 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 zoning on an unplatted parcel located North of North East Park Street, from Holding to Heavy Commercial. 0 All fee's have been paid. 0 The ordinance was advertised in the Okeechobee News on May 7. 0 The Planning Board voted unanimously to recommend approval (April 27, 2004 Meeting). 0 Planning Staff is recommending approval 0 The General Services Department mailed fifteen courtesy notices to the surrounding property owners with no responses to date. 0 The property was posted with a sign advertising the request of the rezoning, dates,and times of both the Planning Board and City Council public hearings. Please do not hesitate to contact me should you require any additional information regarding this application. Thank you. City of Okeechobee Date: -;AI, 04 PetitionNo oLA- om-(Z General Services Department Fee Paid: 5no. w Jurisdiction 9 & 1� cc, I 11>il V-L-) S-k-CLL cc, 55 S.E. 3" Avenue, Room 101 Ist Hearim. LAI Q-1 2nd Hearing- rLn�:� 12e_ Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Publication Dates: Fax: (863) 763-1686 Notices Mailed: 4 Of IQ I V I A p p L I C A N T v I P R 0 P E R T Y Uniform Land Use Application Rezone - Special Exception - Variance Name of property owner(s)- /J,+,e.1 '�)C)cioA) Owner mailing address: 7.0, j2o)c IY9� 0)4C7CCA+09C7C,F-L TLj973 Name of applicant(s) if otherthan owner (state relationship)- -6. *Woeva4- Applicant mailing address: ilo !�C OL--� /kv-r, ale, g� *f � c7 Name of contact person (state relationship) -2 i Contact person daytime phone(s)- C) Fax: "76 3 c7 '15- I Property address / directions to property- A). --, --sa --7- 0 /�--c v1L olic r--vtvYvi v0[2Q- tnl:i-'�L-C 6- Indicate current use of property- V A C Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): .AJ L) Al LV_ Approximate number of acres- Is property in a platted subdivision? A) (D Is there a current or recent use of th e property that is/was a violation of county ordinance? If so, describe. ,A� 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. /J C) Is a sale subject to this application being granted? _N Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses- Tyutr kuw(. L",—L-7-4 A0 (OMM Describe adjoining land uses / unprovements to the North. V .4 South: !�jt_7w J9Q9F_ OFF M C East: CQ -M V*-1 V,+ L West: 11VI Existing zoning: Future Land Use classification Actions Requested- -Ti9 CY .�Rezone Special Exception Variance Parcel Identification Number: 'Z- 0 000 1 — 00 0 L) Confirmation of Information Accuracy I hereby certify that the infomiation 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. F�fi, 14/%,- T) tualo�,J -3h 9/ 0 Signature Printed Name Date pnae I nf *7 016 Current zonina classification: Requested zoning classification t, VA 0� A C' R What is your desired permitted use under the proposed classification E Z V-4 YV'A '04-C 5: 1-3r L—V-kj/ V 0 ~,Lvr- 0 N If granted, will the new zone be contiguous with a like zone" E 4 C Is a Special Exception necessary for your intended use? Variance? Xj o 7- 0- r- Tlrt'V� 71C—C" V' A)ZT- )�-I- 714CI Describe the Special Exception sought: S P E 1C Provide specific LDR ordinance citation. I A L Are there other similar uses in the area? Is so, describe: E X 1C 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 Z� 1� N 11 conducted outside of a building Describe Variance sought: Z' 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 11 W"hat is the minimum variance necessary? Uniform Land Use Application (rev 1/03) Page 2 of 2 0 0 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 land use change C� 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 DatVU,-L -) .,7-b6 Mary F�nces Dixon State Of Florida, County of Okeechobee Sworn to and subscribed before me this byMary Frances D xon Personally Know ' s D Type f den Ificatio roduced C 7" �( NOTARY SIGNA URE C S�Qette FL [q4t\ day ofkq&-�l 2004 or Produced Identification,, +'L`0-L , -b2,5n:5!Z::Z5- '�;Ty-n ZC�6�EXPIRES My C�?�MJSSION 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 zonin g 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: 42 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. D—SearchResults 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 CDR 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 LID Codes 0100 Market 31 Area Total Land Area 7.000 ACRES Property & Assessment Values ,9-0000 Page I of 2 Okeechobee County Property Appraiser Show- GIS Map I Property Record Card � 77--H � << Prev 11 Of 0 : Next >> Mkt Land Value cnt: (1) $17,500.00 Just Value $17,500.00 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 $17,500.00 Total Exempt Value $0.00 Appraised $17,500.00 Total Taxable Value Value $17,500.00 Sales History Sale Date I Book/Page I Inst. Type I Sale Vimp I Sale Qual Sale RCode sale Price N 0 N E Building Characteristics Bldg Item I Bldg Desc I I Year Bit Heated S.F. I Actual S.F. I Bldg Value N 0 N E Extra Features & Out Buildings I Code I Desc I Year Bit I Value Units I Dims Condition (% Good) 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 1 $1 1 Okeechobee County Property Appraiser Last Updated: 02/09/2004 1 of 11 Next"> I > http://www.okeechobeepa.com/GIS/D—SearchResults. asp 3/2/2004 Okeechobee County PropertyA iiser - Map Printed on 3/2/2004 10:26 AM I Page 1 of I F-1 Ell 2-15-37-35-DAOO-00009-0000 DIXON BENJAMIN I :z L IZZ----KU STATE ROAD 70 Win 0%; STATE ROAD 70 V) r u� Z Okeechobee County Property Appraiser 01 2 0' 0 4010 6100 ft, 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 1/4 OF SE, 1/4 & BEG NW COR OF W 1/2 OF Name: DIXON BENJAMIN LandVal $17,500.00 0 Site- 0, Okeechobee BIdgVaI $000 0 $17,500.00 BOX 154 ApprVal Mail: 0 OKEECHOBEE, FL 349730154 JustVal $17,500.00 0 Sales Assd $17,500.00 0 Info Exmpt $000 Taxable $17,500.00 311 F-- 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://w-ww.okeechobeepa.com/GIS/Pn*nt Map.asp? nlkplhgrneclpofffddhfacbdkkhhdo2c..,,.".,1/2�2004 6 111, 141'11 7 4; 23 25__ 27 26 128 1 29 31 "34 33 32 �-1 -11'.� -A6� 1.82 PC 13 123.1 25 --T 17 18 19 .2 01 2 1 227 24 J STATE ROAL 70 2.64 PC RE 4 4Q 46, — 9 8 7 2 3 4 lo 1, 12 5 ?46 -15, 0 6 5.06 PC 9 6 7 2 3 4 5 .�10 11 12 �6 6 9 8 7 2 10 2.12 PC 4 �plo 11 15]21" 5 ADDITI�N rT- - 3 2 1 6 5 4 2 8 9 10; 11 12l --7 8 9 10 11 i ! ! 1 46 2 22 AC: 2 5 PC TV, 11 _11,1111111A valwe oil 01.9. 4— x Al"W"A. li,­ r 0 r J�­ . ,, t�`­_�,� u 4) PAGE This Indenturt, Made Ilifs tvicnty-ni-litYap, of Februar- A. 1). P9 53 lallj�? I-eI17, husband and. wif"', nTjj 1, o/ the Calmly of chu,)ot� , and State of �Iorida partica of the first linrl, and nn.13nin F-anidin lixon, '.11r. I and ;'-ary Yrnj�cv.j tiplinsc mailing address is Dixon, *�,.u�;ban,' i�:,d wife, I-r ]a of flit, Coitnty of :rl �C. arid State nj lrorli,c of Ifir Are -find part. Witarsseth, thol the sell(/ porl ia- of III,- first part. 1,)r and 1i in voit.-ideraflon of the stim (if - - -71�i - - - - - - - - - -Dollorm, and whe-r- and witiorble mrixideratiorts it) lit hand paid. the revr(pf tillirrefif ix lirri-loy V'! graidrel, betriloineff, mild arid convo-yed, atilt by thritf, preti-itts !11 rittit, bar yal . I d:; I, sell. rotrory and ronlirm tinto, Ifir said, pirl ier of flir seeond port or, v nc.firlits forriper, -fill flwt cri-Iiiiii parrel of latul Ifling arid betrig lit Me Coonly t,f cr!cl (trill State to/ ;`lor i. in mure pni-tiritkirly drscribed cis followir: ?).r the -art �Ialf C11 rh.­ 0 'ttle Southeast quart-T. ^,uartc- f i-,r:n-,. Jcrt,li oC,Stato. Rond NO. 70. (Fort. in 7-ct.ion .1�, , Town-11hip -37 lorn the fo21v.11n,,,: n r. - nut *';l-:Qst ng:I I-',cr 1, 0 f of r."lid �.cc*.:on 15, Y h rl�l� fect" q 1�16-3 fect c , -;. 'It CIf '.1( -4 nn in-; t w i c' :.ortii IrC 1 �-, i :; r -i c,,; e d4 Togrither with all the Ir-tirritrittq. hel-rdilmitents and etplturtrimiterx, with rorty privilep-, ri,1111. fillv, mterrst and rxi(r1r, dmvi,r att,l right of doitv�r, rever.%itir?, renimmirr mid c( ,vme-111 I"wielf, I-loji,pliq ,r itt (milwile al,1wrtsitipiriq To Have and to liold m, ifime it, f­ Nituld., I tol Ow );otd prirl � , - f,f III,- lirxI port (III l.'awli-Ild plill III,- saill l"11.1 " " "i III,. tef-mid Iforl that ­,-V Are hill,firthl rreirr-d of the itoid pro-misrx. Ilml tlwy t;.(. ood dull t"'111v 11,1VII g"'Id right 'Irld bfic, /it I mithtprif v Io q4-11 I/w A,ittt- 'Irl It IIII. md I kirl i e to/ I/11. Olt INII f III) Itcr-f-I'l full\ if w I wil the III/v If) strill land. eirld II -III 'It-forld tlw %'Irtle IrgffIrI,l1 III,- 1,111-fril '.1.117114 fif fill p..? ... ??% if .? In Witness bherrof, dw sm'd partio.f: of the first jr�!wl htfvt! 1wrottidt) ro-I tlo- homj� find Arab thr doy atirl pror ohavr wrille-n. ,,X,�sell I. d I d d ��rd ill olir preirritre: , '41 . *IV M, IWW 7T.M.M. -AI 4 A ­'4 '40.', -A i)� ox G J7 All 4.4 "T"'9 vt-� 77 'M JP 10 t. -d _7777, m b4w. Y 1375 Jacks Street, Suite 206 Fort Myers, r1orida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a-),att.net Staff Report 0 Rezoning Request Preparedfor: Applicant Owner: From: Pe�fion No. 7he City of Okeechobee D. R Wilson Land Co. Mary Frances Dbcon 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 (W 1 /2) of the East half (El/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 a joint application to change the Future Land Use from Single Family. Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: I Single Family Zoning District: Holding Existing Land Use: Vacant (PAGE I 1�1 Staff Report Rezoning Request East: South: West: Future Land Use Map Classification Zoning District: Existing Land Use: Future Land Use Map Classification: Zoning District: Existing Land Use: Applicant: D. R. Wilson Land Co. Petition No. 04-001-R Single Family & Commercial Holding Vacant Single Family & Commercial Holding & Heavy Commercial Vacant Single Family & Commercial Holding, Residential Mobile Home & Heavy Commercial Existing Land Use: Vacant Summary: Future Land Use Map Classification: Zoning District: 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. 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. JPAGE ) 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 tra c congestion, flooding or drainage problems, Of, or otherwise affectpublic 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. I 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 ) Im N. W.00' NOT INCLUDED --- — — — — — — — — — 747 ACRES ± - — - — - — - — - — - — - — - — - — - — - — - — - — - — - - — - — - — -- STATE ROAD jNO. 70 - EAST NORTH PARK STREET POINT! e;W% ----------- 7 T- 1-7-7— Z' < ;T'.-6.—A—TO ;TiE—C.OEFEE >< z r SOC� 2. PAff 71 M — - — - — - — - — - — - — - cc 40 me SuTwayove R3po(rt End Boundmirr suvway 09 a P&TC86 ov 5and Brong On Bacqlan 13, 7ownehOp 37 S., Range W E. 7mooshassee wagodomn Okeechobee County, Foolrods MY ol Okeechobee DESCRIPTION (.'/.I E�- v. (El/�l .1�r RE ip 37 S�. R-" IS E G.T. E -N Ek nIff V�21nq S�t South� NIft 59- (..t� E- 1 86.3 f-L S� 594 fW Wk 186.3 f— W � PoW of blqlwq------ - A- NoM 50 f— icn i. — f., d ­. S RVEYORS NOTES Subj� W -.— I. ­�— a W— d—'� In— nIt .—d� �, a Und.rgmuM Alft� — if n,. ­ mt sh—n. F" In — h—In ... P� by � Awt ../=h., g.FL NIt ith— the ig,mm ano ft "iml m—d NW Flackk, I;.— — —,W. -I- :t—y. dW n: in�— I djmmnq Im wn— f., Z. d.". EW-W. M.W.. N ..Y' I'. ;>,,— M.— Ml— — I-W.d in Z-. C. ...,Iing W FIRM —.1 — 120t 77 - 0 - 2pq8 . 2__ - 8 - 1. S RVEYORS CERTIFICATE I N-by �Mfy that tho 4MCW 1� of 1� If LAST FIELD SUII� DATE. WARCIH M 200� PREPARED FORS B1EHjL%N9H 05KOH JAMES R. ALMOND,,ZSM NQj*14CUTER .. TEL- 00 467-57 . FAX: =X7 W—dD k-Ih . PRC�CCT N..9ER 9— FILE In- R- T S-DET SCAILE, 1- - W. --T. I -- - — EXHIBIT 2 - MAY 18,2004 AGENDA ORDINANCE NO. 867 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 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 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 I 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 Book 2, Page 17); thence run S 89*50'34 W along the Northwest line Page 1 of 2 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 0 of May, 2004. ATTEST: Lane Gamiotea, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 18' 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 MEMORANDUM To: Mayor and Council n From: Lane Gamiotea, City Clerk W Subject: Ordinance No. 857/Rezoning No. 04-002-R Date: May 12, 2004 This is the final public hearing regarding Ordinance No. 857 to consider approving Rezoning Application No. 04-002-R. The application was submitted by D.R. Wilson Land Company on behalf of the property owners, James Crowe and Charles Farmer. The request is to change the zoning on an unplatted parcel located North of North East Park Street, from Holding to Heavy Commercial. 0 All fee's have been paid. 0 The ordinance was advertised in the Okeechobee News on May 7. 0 The Planning Board voted unanimously to recommend approval (April 27, 2004 Meeting). 0 Planning Staff is recommending approval 0 The General Services Department mailed thirteen courtesy notices to the surrounding property owners with no responses to date. 0 The property was posted with a sign advertising the request of the rezoning, dates.and times of both the Planning Board and City Council public hearings. Please do not hesitate to contact me should you require any additional information regarding this application. Thank you. 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: q aci � nq Petition No. Oq -a) a - Q Fee Paid: F5�.00 Jurisdiction. I st Hearing: 2nd Hearing: r,,,,,A 5-1 t3 --Cq � t-0 Z--1 1n4 Publication Dates: Fax: (863) 763-1686 1 Notices Mailed. Uniform Land Use Application Rezone - Special Exception - Variance V Name of property owner(s): CTZOWE-, -Sft,--^e;S7 A Owner mailing address: P 0 )'41t Gv%-Fi0-rZ1FA^A AvC, Iq P—), C 7- ):2)—, PrWLCC- i� L p Name of applicant(s) if other than owner (state relationship): `L-�,. Zog�,.q Wr b F-, W r-,.1S6,q 1, C- 0. L I Applicant mailing address: LjIC) !gC /yVj� CA Name of contact person (state relationship): N T Contact person daytime phone(s)- 17 (1? —Oc� 9 C, Fax: V Property address / directions to property, fj. �aF- #T- CZI�3 Ly.%T.F, Indicate current use of property: F Y%^ Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): VF M 14 , )? L Y- I J G 0 /1/& 2. �:-v , Te A; ro.A.� QCS--V 0 M-0 Approximate' number of acres: is' property in a platted subdivision? Ph4-r"LLIJ Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: P R ,1,1KA11\AJAJ 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: AJ 0 E R Is a sale subject to this application being granted? yias — T Y Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: 0 .AJ t) /7 c- 71Q !� 0 !4 C V Describe adjoining land uses / improvements to the North. 'Vq- C*or LAJ % C_*-- Jawr. - V?* re CA.?ft *- South. g1Z :� East: V.4cAmT- West: V,&e Existing zoning: )i g L b, Future Land Use classification. C a tv\ Actions Requested. Q() Rezone Special Exception (__) Variance 0 ACV - C?OVI 0 - 0000 Parcel Iden tification Number: 3-1!;- I?-jr- 0110 - oomo - oatto 2-%S- 0,Z)o - 00010 - 00 1 0 16/ 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. Pti— R I ( WJ :Z Signature Printed Name Date Uniform Land Use Application (rev 1/03) Page I of 2 ?16 Current zoning classification �Ao\ck Requested zoning classification C 3riv R What is your desired perinitted use under the proposed classification E Z cc ro Yv,\ "'�rLc Z>/o' 4- 0 CV -c- 0 N If granted, will the new zone be contiguous with a like zone? E V < Is a Special Exception necessary for your intended use? Variance? '47 T-tt --'T T-1--r-7 V�' Z, IT- A-T- IT14 a TDPA V— I Describe the Special Exception sought: S P E CProvide specific LDR ordinance citation. 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 If business, briefly describe nature including number of employees, hours, noise generation and activities to be 0 conducted outside of a buildino: 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 What is the rninirnurn variance necessarv? Uniform Land Use Application (rcv 1/03) Page 2 of 2 0 March 18, 2004 City of Okeechobee Planning Department: 1, Charles Fanner and 1, 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 2.13 acres, vacant, Commercial Land Use 3-15-37-35-0210-00010-0040 0.74 acres, vacant, Commercial Land Use 3-15-37-35-0210-00010-0010 0.60 acres, Older SF Home, Commercial Land Use Total Land Area 3.47 acres %!0lyy,,, Te ,,�gl4ja- Pgj,�,, reSa C. SaUette #DDOMMI Z- Mq*n Fek 112006 Banded mxru Aflantic Bonding cc.. inc. D ate -. //,�// / - , /'- Charles Fanner Tmsa C. SaUette COMMMM * DDOM1 Feb. 13, 2006 Date: Bonded Thru ,OF James Crowe Atlanec Bondi�l z Co., L State Of Flori Countyl/O Okeechobee Co' of MArch,2004 Sworn to anq—,s b cribed,�/before me this 18th day By Chlarles A e an� JAVENS Crowe who are personally know to me. Niry i t my'�jn��bion EXpires otary Sign ture March 29, 2004 City of Okeechobee Checklist for Rezoning and/or Land Use Owner: Farmer/Crowe Property Tax IID #s: 2-15-37-35-OAOO-00010-0000 3-25-37-35-0210-00010-0040 3-25-37-35-0210-00010-0010 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: #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. 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.R.WiHson Land Company COMNERCIAL "-UXY SERVICES & DEVELOPMENT APPRAISAL, BROKERAGE, CONSULTING REAL ESTATE DEVELOPMENT APPRAISAL LAND USE & ACQUISITION ZONING CHANGES DISPOSITION CONSULTING SPECIAL EXCEPTIONS LEASING DEVELOPMENT March 29, 2004 TO: City of Okeechobee PLEASE REPLY TO 410 SE Second Avenue Okeechobee, Florida 34974 (863) 763-0999 Fax # (863) 763-1945 RE: Zoning Change Application +/- 3.5 acres ID#'s 2-15-37-35-OAOO-00010-0000 3-15-37-35-0210-00010-0040 3-15-37-35-0210-00010-0010 Owner: Farmer and Crowe D. ROBERT WILLSON. MAI ST.CERT.GEN.REA 0001521 LIC. REAL ESTATE BROKER www.florida-landco.com E-mail Address: Sold@florida-landco.com We have been requested by the owners to apply for a land use and zoning change on the above referenced property located within the Okeechobee City limits. The property is under contract for purchase. Enclosed are the applications. We believe the application packets to be complete. If anything is missing, please let us know. We thank you for your attention to this matter. Sincerely; ff D. Robert Willson Lic. RE Broker D—SearchResults Page I 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-00010-0000 Okeechobee County Property Appraiser 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 50 District �UD Codes 0100 Market 31 Area Total Land Area 2.130 ACRES Property & Assessment Values Show. GIS Map I Property Record Card =M-T << Prev 11 ofo Mkt Land Value cnt: (1) $10,650.00 Just Value Ag Land Value cnt: (o) $0.00 Class Value Building Value cnt. (0) $0.00 Assessed XFOB Value cnt: (0) $0.00 Value Total Exempt Value Appraised $10,650.00 Total Taxable lValue Value Next >> $10,650.00 $0.00 $10,650.00 $0.001 $10,650.001 Sales History ISale Date Book/Page Inst. Type Sale Vimp Sale Qual I Sale RCode I Sale Price 5/1/1993 344/1568 WD V U 03 $0.00 ll/l/1987 292 PB V U 03 $0.001 Building Characteristics Bldg Item I Bldg Desc I Year Bit 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 Value I Units I Dims Condition (% Good) N 0 N E Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 009900 1 AC NON -AG (MK7) 2.130 AC 1 1.00/1.00/.50/1.00 $5,000.00 $10,650.00 Okeechobee County Property Appraiser Last Updated 02/09/2004 << Prev 5 of 16 Next:,5�.; http://www.okeechobeepa.com/GIS/]D—SearchResults. asp 3/2/2004 4-', 2;-A RETEN. 17 is IT- 23 24 25_ ,1 27',, 26 28 29 31 32 33 -c-, 1.82 PC �- 1 13 J24 25 STATE ROAD 70 2.64 PC 9 7 PC 2.5 PC 9A -3Grl 4_� 48 26-1 9 2 4 �10 it It '46 461 0 6 S. 06 PC �*--46- - I 9 8 7 2 4 ?;10 11 12 5 6 45 .46 lo 1 9 8 7 2 PC 4 !10 11 1211 Ag �� 3 2 6 5 4 2 101 It 12 �7 8 9 10 1 46 .22 PC SA 2 s AC 3 Okeechobee County Property A - iiser -Map Printed on 3/2/2004 10:29--"' AM Page I of I 7 9 7 AC a 2.5 Ac 9P STATE ROAD 70 LIZ 9 8.98 Ac 8 7 2 5 4 3 1 2 1 3 4 U? 2 7 8 9 1 ;1 10 11 1 5 ') LJ E-41 20 6 w U46 12 40 196 1?& 40 9 8 7 2 2 3 3 4 10 6 4 5 If 5 6 12 120 6 40 135 26 1 40 2-1 5-37-35-GAOC-0001 0-0000 a 2 CRCk%E JAMES & FARMER CHARLES 9 3 2.12 AC 10 4 11 5 12,35 _-a 6 4() �E CON'D ST 1 40 I ADDIT 4 E 1 'n 1:3 2 1 16 2 .4 �r 7 9 , 7 8 9 10111 121 1 10 If 12� t7 a 9 10 If 12 !46 413 1 46 40 STATE ROAD 70 023 196 7_' 1 1 6 5 4 3 �3 I A 2 3 .22 Ac 6 5 0.5 SA 2 'f�.5 Ac 3 100 4 VH �* 12 6.27 AC 1100 �5 ,7 1 2 2 11 S. 06 Ac Okeechobee County Property Appraiser 01 1110 2210 3130 ft W C "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 PARCEL: 2-15-37-35-OAOO-0001 0-0000 -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 MINI 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 511/1993 $000 V/U Exmpt $0.00 Info 11/111987 $0 00 V / U Taxable $10,650.00 This information, Last 1,1pdated: 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. 6 7 I %V— http://www.okeechobeepa.com/GISIPrint—Map.asp?pjbnlkplhgmeelpofffddhfacbdkkhhdopc... 3/2/2004 D—SearchResults 0 Page 1 of 2 H 0 M E Record Search GIS Map General Info Exemptions Tangible Tax FAQ Download Forms Contact Us Parcel ID: 3-15-37-35-0210-00010-oolo Owner & Propei Owner's Name Site Address Mailing Address Brief Legal ty Info CROWE JAMES & FARMER CHARLES 0, Okeechobee 1771 GULFSTREAM AVE APT C2 FT PIERCE, FL 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 so District UD Codes 70ET Market 57 Area Total Land 0.597 ACRES Area I I Okeechobee County Property Appraiser Show GIS Map I Property Record Card Property & Assessment Values 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 XFOB Value cnt: (3) $1,257 00 Value $10,085.00 Total Exempt Value $0.00 Appraised $10,085.00 Total Taxable Value Value $10,085.00 Sales History I Sale Date BooklPage Inst. Type Sale VImp Sale Qual Sale RCode Sale Price 15/1/1993 344/1568 WD U 03 1 $0.00 1 ill/l/1987 292 P13 U 03 $0001 Building Characteristics Bldg Item Bldg Desc I Year Bit Heated S.F. Actual S.F. Bldg Value 1 1 CNVERTD MH (000220) 1 1960 1462 1696 $3, Extra Features & Out Buildings Code Desc Year Bit Value Units Dims Condition (% Good) ACR W4 AL CC R/FG 1975 $10900 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 I Adjustments Eff Rate Lnd Value 001002 1 COMM 0% (MKT) 1 143.000 FF - (.597AC) 11 00/1.00/ 50/1.00 1 $39.99 1 $5 1 Okeechobee County Property Appraiser Last Updated: 02/09/2004 6 of 16 http://www.okeechobeepa.com/GIS/D—SearchResults.asp 3/2/2004 Okeechobee County PropertyA- -tiser - Map Printed on 3/2/2004 10:32-- 'kM Page I of I 71 11 � I I � I I �_] STATE ROAD 70 LLI F-IF-1 UZ.4 T CZTPr;:T Fill EIL R I K I 3-15-37-35-0210-00010-0010 CRM'E JAMES & FARMER CHARLES .E1 ST _STRFFT I I I I Okeechobee County Property Appraiser 6' 160 320 480 ft W C "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 W E PARCEL: 3-15-37-35-0210-00010-0010 -SINGLE FAM(000100) PRICE ADDITION LOTS 1 2 3 & N 1/2 OF ALLEY, LYING ADJACENT TO SAID LOT Name CROWE JAMES & FARMER CHARLES LandVal $5,718.00 Site- 0, Okeechobee BldgVal $3,11000 1771 GULFSTREAM AVE ApprVal $10,085.00 Mail: APT C2 $10,08500 11/1/1987 WOO 1 / U FT PIERCE, FL Assd $10,08500 Sales 5/1/1993 $000 I/U Exmpt $000 Info Taxable $10,085 . 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 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?pjbnlkplhgmeclpofffddhfacbdkkhhdopc... 3/2/2004 D SearchResults Page I of 2 H 0 M E Record Search GIS Map General Info Exemptions Tangible Tax FAQ Download Forms Contact Us Parcel ID: 3-15-37-35-0210-00010-0040 Okeechobee County Property Appraiser 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 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 so District UD Codes 70ET Market 57 Area Total Land Area 0.735 ACRES Property & Assessment Values Show- GIS Map I Property Record Card N 71 << Prev 11 Of 0 1 Next >> I Mkt Land Value cnt: (2) $26,533.00 Just Value $26,533.00 JAg Land Value cnt: (0) $0.00 Class Value $0.00 IBuilding Value cnt: (0) $0.00 Assessed XF013 Value cnt: (0) $0.00 Value $26,533.00 Total Exempt Value $0.00 Appraised $26,533.00 Total Taxable Value Value $26,533.00 Sales History Sale Date Book/Page Inst. Type Sale VImp Sale Qual I Sale RCode I Sale Price 5/1/1993 344/1568 WD V U 03 $0.00 ll/l/1987 292 PB V U 03 $0.00 Building Characteristics Bldg Item I Bldg Desc I Year Bit Heated S.F. Actual S.F. I Bldg Value I N 0 N E Extra Features & Out Buildings Code I Desc I Year Bit I value Units I Dims Condition (% Good) I N 0 N E Land Breakdown Lnd Code I Desc Units Adjustments Eff Rate Lnd Value 02 Comm oy 0010 '0 (M KT) 48.000 FF (.138AC) 11-00/1.00/.45/1.00 $433.65 $20,815.00 0 001002 ICOMM -/. (MKT) 1 143.000 FF (.597AC) 11 00/1.00/.50/1.00 1 $39.99 1 $5,718.00 Okeechobee County Property Appraiser Last Updated: 02/09/2004 W7 % -I 7 of 16 ext http://www.okeechobeepa.com/GIS/D—SearchResults. asp 3/2/2004 Okeechobee County Property A - uiser -Map Printed on 3/2/2004 10:34' AM Page 1 of 1 7 18.98 A STATE ROAD 70 Ulu 9 8.98 PC 9 7 PC a 2.5 PC N It ill) 11 12 9 T 46 U4; 12 1 7 1 2 3 9 3 4-5 4 to 4 tl O� 1 �112 5 11 5 45 6 Ig 12 6 7 135 20 1 2 8 2 to 9 177 3 9 3 4 1 ] 4 2.12 PC 4 10 210 It 12 5 It 5 115 46 0 6 12 28 6 OND STI 1 0 46 1126 1 3-15-37-35-0210-00010-0040 CROWE JAMES & FARMER CHARLES 2 574 1 3 7 a 9 11 121 ;7 a 9 10 11 12 8 9 11) 11 12 481 46 STATE ROAD 70 -33C - 7 4 �3R 2 1 62 23, ]C I I .0.5 21—T 7 2 5 ACI 100 3 4 j M 6.27 PC 5 12 100 7 1 a 2 2 6 9 3 100 7 23 50 it 12 Okeechobee County Property Appraiser 01 1110 22' 0 3;0 fi� N W C "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 %V PARCEL: 3-15-37-35-0210-00010-0040 -VACANT (000000) :'RICE ADDITION LOTS 4 TO 7 INC & N 1/2 OF, ALLEY LYING ADJACENT TO LOTS LandVal $26,53300 Name. CROWE JAMES & FARMER CHARLES Site. 0, Okeechobee BIdgVaI $000 1771 GULFSTREAM AVE ApprVal $26,533.00 Mail: APT C2 JustVal $26,533.00 FT PIERCE, FL Assd $26,533.00 Sales 5/1/1993 $0.00 V / U Exmpt $000 Info 11/1/1987 $0.00 V / U Taxable $26,533.001 This information, Last ppdated: 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 warrandes, 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:llwww.okeechobeepa.conilGISiPrint_Map.asp?pjbnlkplhgrneclpofffddhfacbdkkhhdopc... 3/2/2004 0 14 009JID ry s m" paid h, the IrROU"t 01 Va mr1568 A Zoe— '3 clerk of C—ft 2-15-37-35-OAOO-00010-0000 Tmd M P1 3-15-37-35-0210-00010-0010 /0040/0080 chow"s *I Ift 374-32-1140 amemans *2 mm 408-66-1729 Warrmty Deed 7Ws tndenture, Made this L� day of May, 19 9 3 A.D., Between JOSEPH C. ELLIS, JR., a single man, of Lae comty Of "d. ?4-� , st.,..f California grantor, a.4 JAMS CROWE and CHARLES FARMER, co -tenants in common with a (50%/50%) respective interest, ,,w..dd.icPost Office Box 1782, Okeechobee, Florida 34973 at the co" of Okeechobee I sta..( Florida , grantees. VAtUUWth thm the ORANMR. for &W in comWershm 00he mm 0( — — — — — — — — — — — — — — - - - - - - - - - TEN & N01100($10.00) - - - - - - - - - - DOLLARS. sed otber Vwd sad valuabk consideration to GRANrOR Le haM PaW by OFt I Mrmi. the rectipt whmd W h4mbY ft-b-WW8*d- h" pmeed. b&WAwd &a mid m a* eaM ORANnM5 &ftd GRAHrEES bdo &W amuSa kffsvr, tbe 1colowWs deaurted k" sit"te, �y*aadbw.siatmwmty9( Okeechobee stwwa Florida to -it PARCEL 1: All of Lots I 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 CITY, according to the plat thereof recorded in Plat Book 2, Page 17, public 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 3S Hast; thence run S 00018,26" R along the Rasterly line thereof, 668.71 feet to the POIZZTT OF 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*SO,34* W along the Northerly line thereof, 336.76 fact to the Northwest corner of said PRICE ADDITION, thence run N 00*17,46* W along the Went 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" E 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 DecezLber 31st, 1992. *@dd*gc=KvvdowbavbyWy **rmattWdsUtomWW4"wWde!mdtbou�apAm 12 VVftM Whe=4 ON posaw hm heramW so his bond IWA Wa Me day &ad yur flM bwe W&� ffip� n&W sed ddhwed ht our p. P (seat) Printod Ig J'C. C. ELLIS, JR. Witness A. C4cben Avense, Sam P "144-IS17 -F (3021) 37= OF California 7W 63080ft bleftk� tWm day d may, 1991 AL- JOSSPE C. =Is, ngle man, T who Is I IM0. to S&OLMik j -w an uriver llft�ense R mw *to 4W *" &ake an o@uL N Pler- T =U V. CONMT. = Printed N.m' 0 Comm & cormy, r.". t��207 K W. im ffrX=r NOTARY PUBLIC 01330c"Doen rL 34M My Ommmom Exprcs: ? U *Zs� " ,3rf, '—�k I WID'I off&C �' 44 s, "N'W*' , I , we*") C. COMR. P,.A 5th Street bkeechobee, Florida 34972 (813) 467-8800 Tma b" ~ P "a tir ft"4m Aw ow hred waorm V*U) *mWs): 60 VAM AM" TM UW PW P DATA FILED FOR RECORD OKEECHOOFF- CO. FL. 8518 89 MAY 15 PM 12! 12 GLORIA J, FORD CLERK OF CIRCUIT COURT SPAQ man rot LIN P" A M74 'This lVarranty Deed v.d,. he d_ "f may 8 9 h y JAMES MINEHAN, JR.. a married man hereinafter called the grafifor to JAMES CROWE and CHARLES FARM[ER , as tenants in common Josjffit�e address is Post Office Box 1872, Okeechobee, Fl 34973-1872 called the (J'ant". 10itneWth: Th., I,,. qmwu, to, n,,,4 in -1-nii ... 1 of d- luln at 0 - 0 0 and other t,alual)[v considprattons. rr�reipf wh erpol ;s h_1.hV /,,.rcbv b,,Maj,,j, sells. all"$. re. -ij,s, eleases. mnt,eys wid conjirM2 11tito Ihe grantee (Ill llinj certain (niod sill-nie in Okeechobee cou'ay. Ilo,ida. 0% 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. Toydw .111, all the lonernonis. konrallWnents and appurf"ances thereto helonging at In any- wise appterfaining. To Naut and to Hold, the so-* In fee simple fole-el Rnd jk# Gromia, he -by cooqna�nls -ilk sold grantee that the q,.nto, 1. lawfullY svi%,d ct told land In fee ilenpla; that the grantor has good right and lawful ojilhority, to moll and convey said (Rnal: (&a, the grant., hereby jully warrant. the 1116 to said land ri4 .41 d.fp,.d A, --, �0-­l the i..Iut daims of all person, wAomsoevg,� and that paid Lnd Is fre. �[ .11 "curnbronees. ,c,pl taxes act,ruing tuhSectusni to l)—ornh- 11, 10 In Ifituss b1wreof, he a has sia"d and r 01'd 161, pr.,..Ij [A. day and y... ft"I above written. SI7d;'jh6j and dolioprecl In out presence STATE OF FLORIDA COUNTY OF OKEECHOBEE I UEREBY (:ERIIFN -h-t '- I" d­- �"Gre M', 'i'd� -th-'-d - 'h' st". 4---f 0'. t JAMES MINERAN, JR., a married man I- A­til�d ­1 ­­­j �n ......... ... .... , he th't he 1h, -n., WITNE.Pi tviv h,.d ..d �0­.I ­1 L­­ /X21 May 19 89 Mk Sithl of rieride th co"WnIssion topkes tolst 13,1991 My Commissi6n-ExjrL1r?aVV-­- NOTARY PUBLIC 1375 Jacksatreet, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a-),att.net Staff Report Rezoning Request I�rqparedfor.- City of Okeechobee Applicant D.R. Wilson Land Co. Owner: James Crowe & Charles Farmer From: Holding to Heavy Commercial Pefifion No. 04-002-R Staff Report Applicant: D.R. Wilson Land Co. Rezoning Request Petition No. 04-002-R lGeneral 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" 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 3.46 Access Hwy 70/NE 12t' Avenue Location: North of SR 70 at City Limits Commercial Heavy Commercial Commercial Development 93M Legal Description: All of lots I 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 2 nd Street as it runs east from Northeast 12 Ih Avenue to Northeast 12th 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 3 7 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, 3' )6.76 feet to the Northwest comer of said Price Addition; thence run N OO'l 7'46 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 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. OLdjacent Future Land Use Map Glassitications ancl 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 Zoning District: Existing Land Use: West: Future Land Use Map Classification Zoning District: Existing Land Use: Commercial Heavy Commercial Commercial Land & SR 70 Single Family & Commercial Heavy Commercial Vacant 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. 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. {PAGE ) Staff Report Rezoning Request Applicant: D.R. Wilson Land Co. Petition No. 04-002-R 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. 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 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 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. 9. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public we4fare. 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 permitting the applicant to place commercial development on this property. Submitted by: James G. LaRue, AICP {PAGE ) 0 0 Staff Report Rezoning Request Planning Consultant April 20, 2004 Applicant: D.R. Wilson Land Co. Petition No. 04-002-R {PAGE I 0 Fff Am — NOT PLATrED -Z. NOT PLATTED .. . . . . . . . 4.15 ACRES * TOTAL � mr- POINT OF BEGINNING NE 3RD STREET r FORMER ME 2ND STREET — CLOSED BY ORDINANCE NO 671 11, . ea . ".I=- wl LOT 9 an a LOT to LOT 11 L NE 2ND STREET BLOCK 12 WA7W PARK PL,T BOOK 1, PAGE D LOT 6 LOT 5 LOT 4 LOT 3 LOT 2 LOT 1 LOT 6 LOT 5 z z (�EECHOBIIE CITY PLCE ADDITIONSIO000 PLAT BOOK I- PACE 17 RNE2ROSICOKE 1P`1RK P�,T BOOK 1. PACE 23 --z z FORMER 15' ALLEY CLOSED BY ORDIMAOICE NO. 671 z 12 LOT 7 UCT 1 1. LOT 11 LOT 7 LIT I - — — — - — - — -- - — - — - — - — - — HATe ROAD NO. 70 — EAST NORTH P�RK R ffT '00� BIC suoveyove fispc(l and Boundalry sug'vey al a purcall ol Bond OyOng On SectOon W, 7cmnshllp 37 Be, Range 39 E. 'Faggshmsese HeirOdOmn Okeechobee Coum2y, Fgwlds ClIty *0 Okeechobee DESCRIPTION AN wpkda 1=0 11i=X98=40 Ma� PI& Stnmit�fa,,," knnl Fort wro. w . In PRICE ADDITION OKEEC EE CITY, aocording W the pm UwW �,Ktdsdl In Plan Book 2, Pago 47. "ic mnda of Okaeolabee C"my. Fkkndd. AND The WkY iA Nook 4. PMC,� ADDITION TO OKEECHOBEE CITY, 02 ra—UKI im MOt Book Z Page 17. P� aodda. OkeeFlaeak C-nt, Fiorid.. baNken Late 1-8 old 7- 12. AND -Tyw — �Nartheaet 12th'A—neI MortnaPat 13" A— I., Noall of Bleak 4, PRICE ADDMON TO OKEECHCSIEE CITY. —= ga= 2. Page 1 7. Put4ic ReFalds. Okesen— C—ly. na�da. AND C M-1 at th� Na0thoaat Corner of - S(kUleb. O-� of the S.Uth ... t QW'tlr of secUo. 37 ul. A '5 : In A — 9 WIS'2 ' 'I the U EV .1 ' Eyt, —f. 6" ' feet M P. 0N.I.. In- 276.28 f.at"W — N— .— of PRICE ADDMON TO OKEECHOBEE CITY, 'Ptel Book 2- P,, 17 The— — S 11*11'14' W W Y r UNM_4 'S )�,Ktm.kkt N.thany - feet 1. - — of .ki PRICE A.; than.. — N ". p. '., Ilk yndk� �, of UNI EW maif of Me East Had of the Sa�.aat N.A. of t�.ES..�., (�.— of sked Section 15, . diat-c. at 273.38 feet Inane* mn N SW20'47 andi w— the MckIty'rly An* of qll4,I'k1y —�d S,,th,W Qo� ( Uk, S-UNkmn 0'--' . d4tale, of :�6.71 feet to the Pean of 9,0".g. SURVEYORS NOTES S.ajk� to -- lNI aktriFtione 0 —F,d. Land, J­nbed balken not obet-0 by th, Iftl. Und.rgraundl Witle. .. d .,. — lot W.n. The desonotion Iftent hw1an -03 o-laad by the di"t .no/. lm/ner agent Not �afid .0ft. =otn. old - anginal .,.ad 1-1 of . pend. --y—orld—Pmu, -- — The w,,oyw d;d at tntediae, adjo—n ond .... ra fo� —rdadf IMNdIa , aeoll... EI�ffom ilklen. If any, an, INFINKI � —ad dot- 1-and. an... he,.- dre 1-ated n Food! Zen. C. —rtlil to FIRM ponal no. 12CI77 02008, dated 2-4-81. P,oPart, addliss: S RVEYORS CERTIFICATE I In—b, —ty 0. U,. atto.y.d of ..'ey of the hareal a... TW'Y . — and .,K,aFt . .. beat of ly —9. I—ey.d 0 the fW4 ww at .P.—al. s.bjw the q..11 n. noted I eirland.. Ps� ""' S-r-Y"-- M Falco Pat; - Ma. LS5051 LAST nELD SURVEY DATE- MARCH 26, 2DO'I PREPARED FOR: JAMES CROWE & CHARLES FARMER JAMES R. ALM2NQ, PSM 2173 SIR 3RD TERRACE 0 D4 14111-16411 a- TrL. FAX V-121_6121 It PRMCT ... SCR 'Flaia Book FKE 1 0.1. fo. 3M -m T sNm7 JSCA� I'- I Rafe, to StIllt Me /I COP—�T. 2W. 1 aelldIt EXHIBIT 3 — MAY 18,2004 AGENDA ORDINANCE NO. 858 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. 04-003-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, 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 that part of the North 668.71 feet of the EY2of E% of SW% of SE% 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 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 r 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 MEMORANDUM To: Mayor and Council From: Lane Gamiotea, City Clerk bqo Subject: Ordinance No. 858/Rezoning No. 04-003-R Date: May 12, 2004 This is the final public hearing regarding Ordinance No. 858 to consider approving Rezoning Application No. 04-003-R. 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 zoning on an unplatted parcel, located North of North East Park Street,and Block 4 of Price Addition, from Holding to Heavy Commercial. * All fee's have been paid. 0 The ordinance was advertised in the Okeechobee News on May 7. 0 The Planning Board voted unanimously to recommend approval (April 27, 2004 Meeting). 0 Planning Staff is recommending approval 0 The General Services Department mailed sixteen courtesy notices to the surrounding property owners with no responses to date. 0 The property was posted with a sign advertising the request of the rezoning, dates, and times of both the Planning Board and City Council public hearings. Ih 9 At the previous meeting, Council had questions regarding Northeast 12 Avenue. Please note that Northeast 12 Ih Avenue is an open, dedicated, platted right-of-way which is 25 feet wide�by 309.00 feet and runs along the West side of Lots 7 and 6 of Block 4 (See map attached). Please do not hesitate to contact me should you require any additional information regarding this application. Thank you. I - Northeast le Avenue is a 25 foot wide dedicated, open, unimproved right-of-way (previously bnown as Mobley Street). 2 - Northeast 2nd Street is a 40 foot wide CLOSED/ABANDONED right-of-way lying directly North of Lots I - 6 of Bloch 4, Price Addition and between IP and le Avenues (previously bnown as Center Street). The East to West Alleyway in Block 4 is also CLOSED. j r T-- sorway"s Report Me ftw"IF Wop - 161ft"blueft &oeam 15� Townwo XY 8�' NNW L Tafthosone boridlo& Dkowdoft" Count% C" of okenotaboo NY: AVA3 rAftin V LI Ln City of Okeechobee Date: -3[a(q 10q Petition No. o4 - oo'-'-� - 12 General Services Department Fee Paid: F:�w.on Jurisdiction- rd P6 55 S.E. 3 Avenue, Room 101 U_ze4"A 5-Li-V-1 C'C I st Hearing: 2.d Hearing: r7Lnc�2 Okeechobee, Florida 34974-2903 1 Phone: (863) 763-3372, ext. 218 Publication Dates: L4 IQ CYd 411 q 1 ZcC4 Fax: (863) 763-1686 Notices Mailed, Uniform Land Use Application Rezone - Special Exception - Variance V I Name of property owner(s): C RM_L%�--S + (Y) \1 Y� 0 A- FA&M 1,VZ A Owner mailing address: jg) j 5 r- L Ll P c' I P Name of applicant(s) if other than owner (state relationship): L b 1-Z WC\,L,C_V,-J !Atr (0 - A&OK I Applicant mailing address: q\t) c V_�J) AName of contact person (state relationship): lZoawVr WcLtgV..J TN Contact person daytime phone(s)- —?,C) Cr C� ^? Fax: )9 1(�— W, Property address / directions to property: Indicate current use of property: IiW::� A4V vu�N i�­VL q- 1+0 ^1 C- Describe improvements on property, including number/type of dwellinas and whether occupied (if none, so state): Approximate number of acres: Is property in a platted subdivision? P Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: R I ) el 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: .�i E R Is a sale subject to this application being granted? Vj,,,o LZ_ t T y Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Describe adjoining land uses / improvements to the North: South: East: West: VA-< Existing zoning: Future Land Use classification: Actions Requested: L-!!J`kezone Special Exception Variance Parcel Identification Number: '), —) — !� �_— ofto Dr)o ) I — () (2 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 S500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. Signature Printed Name Date T ___L_LJ,_ A ol N pncyt-_ I nf I F 16 Current zoning classification. Vk Q\-6 Requested zoning classification R What is your desired perinitted use under the proposed classification E Z Cc rVI YV-N -ok-c CV V-�� Z) ��v c- �. W �M N If granted, will the new zone be contiguous with a like zone? E0 , / \Z-- < Z:� Is a Special Exception necessary for your intended use? Variance? Q o -j- 4'�'r rwa T-u—r-1 V�- A)ZT- A -IT- "n-) CX V— Describe the Special Exception sought. t� S P E C Provide specific LDR ordinance citation. I A L A.re 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 includincy 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 IN C Did you cause or contribute to the characteristic? Is so, describe- E 11 What is the minimum variance necessary? U n j fQ FnjjLAQa I (re, uo) Pa2e 2 of March 29, 2004 City of Okeechobee Checklist for Rezoning and/or Land Use Owner: Fanner Property Tax ID 9: 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: I, 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 +1-5.00 acres, old frame home Te resa C Sallette S COMMLvdM * DDQUM Date: 'i Zz PhM FA 1% 2MG Bonded nm Charles F=er Atlantic zicnrmgca�.r= ........ Teresa # FA L% Date:, F 72EM �43#'Farmer am.c BonI=gcbZX State Of Florida, County Of Okeechobee Sworn to and -Y�Uscribed before me this by Charles a �m r and Farmer who NotlAry 2Sign ' ugre day of MArch, 2004 are personally know to me. 2DO My co M'is�ion Expires D—SearchResults 0 1-9 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--l-5-3-7-35-0-AOO-0-00-11-0-00-0 owner & Property Info Owner's Name FARMER CHARLES & ISite MYRNA 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 Area 31 Total Land Area Property & Assessment Values Okeechobee County Property Appraiser It Show GIS Map I Property Record Card OK OR NOW: M__ a — AV401014v << Prev 11 Of 0 1Mkt Land Value cnt (1) $29,095.00 Just Value 1Ag 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 (0 1 19 624 624 $5,968.00 Extra Features & Out Buildings Code Desc Year Bit Value Units Dims % Good) FIRE 1 1STORY E F 1940 $367.00 1000 0 x 0 x 0 PD (30,00) Condition( ODT OPN DRT TN 1940 $64.00 312.000 26 x 12 x PD (10.00) Land Breakdown ILnd Code Desc Units Adjustments Eff Rate Lnd Value 000100 1 SFR (MKT) 1 5.060 AC 1 1.00/1 00/ 51 $5 1 $29,09 Okeechobee County Property Appraiser Last Updated: 02/09/2004 1 of 6 Next >> Okeechobee County Property .1ser - Map Printed on 3/2/2004 103F �M Page I of I D COAST LINE RAILROAD UF LT- VT'il U F —1E F. 2-1 5-37-35-0A00-0001 1 -0000 FARMER CHARLES & MYRNAul �c 7 !j Okeechobee County Property Appraiser 25' 0 5 0' 0 750 ft W C "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 IPARCEL: 2-15-37-35-OAOO-0001 1 -0000 - SINGLE FAM (000100) JUNPLATTED LANDS OF THE CITY ALL THAT PART OF N 668.71 FT, OF E 1/2 OF E 1/2 OF SW I/ Name. FARMER CHARLES & MYRNA LandVal $29,095.00 4 0 0 Site 0, Okeechobee BldgVal $5,968.00 0 1818 SOUTHWEST 28TH AVENUE ApprVal S35,49400 Mail: 0 OKEECHOBEE, FL 349745582 JustVal $35,49400 Sales Assd $35,494.00 0 Info Exmpt $000 0 Taxable S35,49400 This information, Last Updated 02/09/2004, was derived from data which was CDmpiled 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. 6, 1 16 RETEN bz 17 J.8 122 213 24 25 27-1 26 28 29 -- 3 - I :32 34 33 8A 1.82 AC �2�4! 25 1�201 21! 2:2!: 213 � 117 A i19 7 J.8.98 A �l 11 S. 06 Re 10 2.12 AC 4 48.3 416 4, 2F. -i 9 8 7 2 4 4,1 6 r465 -46 8 7 2 4 �10 il 12 46 .6 4f—I 26— ! � I 8 7 2 3 410 11 12: 46 4o- PRIPE ADDITIPN 1 3 2 1 5 411 2 9A 7 8 9 10. 11 121 - i 7 8 9 10 il 4-6 STA�TE RC��r, 70 ,ADO 13 3 .22 AC� 2.64 PC 5A 2 Re 3 2.5 AC 5; A C la 10 1"7 IC-O'* 5 06 AC 2 12 AC i�537350TG1000020 —E �f 5004�,Ol 1153?3�fj,040001000030 115a7 rn(MiMfl 1101 , j 1, 7 4 1153?35OC1400011 0090 1 iyp CIODO-50 9 10 6 115371DO4000 iOCII N E 5 - 0 1 537350C� '0004000?� 1 --735003000040001 9 2 4 10 3,73500300-004001 � 1517350030, 0,095000f -<c C—) IIE373500300OJ20001 9 -e 7 2 11 J�7250030QOI200070 4 12 I 537-1,5003-00012001C) 6 ;-WWP"FM r T C E A [I D T 1, 4 3 2 1 73502 1 OCH! POO I 115 7-1,5003DON3 6 5 115 5--�-,,SCC30co N F ''I L 7 -j I I llr3735003000130001L L J Cl 11 12 N E e v j 86 138 a" sign —.7 i at me" It 41 Ar. of,.:. jime' e A. 0. It 71 iv LE ANITA S &t',:And1vLduall arall ad'Trustee,- U.1 and. ftnd ROSC Er LCdR'f M Ii. her t to it 14A HIM. goZ.1nTRICIA MMHA_ .Ais , w ..c RL am. irej., 'Florida 3)47 Okeedhobeej. as. -A. d. 41. Ot aw .0 ihv�gv� -0 sow .8 Appo"N", or. (14' Ism' -sog4 4i fidSCjh:;TAvi iho *"I' I sea, on mar fmf io& 011111A W V.4runa 441mv twiti all Ad c took WiNsitoo is -Okeschobe 'All that' ;�rf of the 6ig, fist of the E) Morth .71 -of Ej of-.*,Wk of SSCof 4oction If, lowwhig 37 South, 6 111* 40 5 FA91tt-. LSR,AIID EXCEPT the Ito -th 5, !of 41. p r.� n ro7 -risju `7 -7 084444 ILVI tie i W im "W By Unix" IAO nomi so foo IL"It howgin 0 d. s, poitintio O-A sea op"min 0 to "ka affelil-64 648 Ike eke Wj na" in iff .4 iin000 n1a v,6 4-..4" ij;oo! OiA'd-W 1A4 Now OWN, eks W claw -*I torp'.0w Ali OW Ispoof 11,100 of an svrqsg� -Oosw iffislos nil: 96 0"* , , t p"!"'M . ' - - long Pali I A"s Wool". n r �p po ai r. �Imovo'; ......... rL 7 g' j� �Du�"Vr OXEF In-,p4 $=Slid r XHOBE9 -CERTIFV tha qo&'thk ip. 11FAILAY . Wir vior. SiOV15'M 2 ZJ 1;- 0.4 1 3. I$r jh@ COA1, gt4j'pW ig f'os o AIIITA- SHEWIT Ividuall Truntee., (5"D f 9 gA as �W.C. . 91.1 jjdL Ij S 'O"PE&A -Trunt inc� ..,c em c '6"'AR ' I. - " F. �dm M thol they, 'J,�i Zt:hs .40,w the C." 4.9, % WITNESS svw wo tw�q;j 4km IL il j une 72" its V9. -1W I' 'TOM.W.CONCLY III [.6kon W 31. 1111 si'vet C3 ck;;".. Viw. 33472 e .go 13 75 Jack' IRtreet, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a-),att.net Staff Report Rezoning Request f �-eparedfor-- City of Okeechobee Applicant: DA Wilson Land Co. Owner: Charles & AtTw Farmer From: Holding to Heavy Commercial Petition No. 04-003-R Staff Report Rezoning Request Applicant: D.R. Wilson Land Co. Petition No. 04-003-R I General Information I 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 180 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 EI/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: I North: I 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: Vacant South: Future Land Use Map Classification: Commercial Zoning District: Holding Existing Land Use: Commercial Land West: I Future Land Use Map Classification: i Single Family {PAGE I . 0 -is Staff Report Rezoning Request Zoning District: Holding Existing Land Use: Vacant Applicant: D.R. Wilson Land Co. Petition No. 04-003-R 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. I 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 bufferedftom surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood Commercial uses contemplated for this site can be properly buffered if needed. (PAGE I Staff Report Rezoning Request Applicant: D.R. Wilson Land Co. 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 traffic congestion, flooding or drainage problems, 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 we�fare. The request is consistent with the Comprehensive Plan and will not grant a special privilege to the applicant. 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 further 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 I 0 0 r, NE 57H STREET x x x w. 4KEECHWEE FLOP" z NE 4TH STREET 4.78 ACRES* . L F -l-Z'.Tl RIVERSIDE PARK 4T BOOK 1. P�OE 23 (�aCN=VC?UNrY x L NE 3RD STREET FINER. 1. ills- 9= survoyare Report end 9(oundelry Survey 09 a paircoo 02 Band 0yong On SecHon 15, 7mwneNp 37 a., Range 35 L 7aflahasses 5&efld0an (ofteachobee County, Foovoide (01ty 09 (Dozeschabse DESCRIPTION ALL TKAT-PW OF THE NORM 5611.71 FEE�OF THE -- — --- E 1/2 OF E 1/2 OF SIN 1/4 OF SE 1/4 OF SECTION 15. TOWNSWP 37 SOUTH. RANGE 35 EAST LOS AND OCEPT THE NORTH 50 FEET THEREOF SURVEYORS NOTES S�PjPc to so—ts 'n4 ms�ctiPnq 'f moom. Lands � �— — —tad" W itne ffk.. Unds,g Und INIU49 and fa-dartions. N any. am not sna— Tho cleacnotion sit... In— as pnnnoisa by Ilt, dtNtt ../ar h./1— gft Not olial sillm4 the sig,.t,m ancl one anginal rciesd ssal '( , nwitis riasnaso _� Pno �F_ Th. r—,— dw not int— .4jamnq .. —m I., .—com.d d—. or .-- any, aro twsW_upon_.o—" dat— L.ncls .. lacatsal In Flaaa� Zons C. P000rtling to FIRM ponel no. 120177 MOOS . got. 2--ai. -- --- : 177 1 -- - -- - SURVEYORS CERTIFICATE I h_Y ."t' that �. anto.Nal ."ten of of t1t. man d.,crilosal PnPp%rtY is ", am oarmon to of 'Y —isd90 *11 1 I= la'a d' S.- -78NW`r-A�—d, PSM PMf--W S.= F�da R"� ��&Mil LAST FIELD SURVEY DATE. MARCH 26, 2� PREPARED FOR: CHARLES & MYRNA FARMER JAMES R. ALM2Nq. PSM "7' 'R TEL-EE 7 RD-TEM9-2— IM 467-5700 FAX: -1121 P�CT WUBM �d 5— ru 467 D to .. -7 R- T R:- to COP—GHT. 200, 1 �—1 0 0 EXHIBIT 4 — MAV 18,2004 AGENDA Bid Tabulation Sheet City of Okeechobee Commerce Center Lift Station Bid Opening Bid No. PW-06-10-04-04 Bid Opening: May 12, 2004 at 2: 00 p.m. Coinvany Name Cost Sunshine I.and Design $ 248,433.63 Crews Construction $ 136,952.00 US Environmental Systems $ 223,611.00 TI.0 Diversified, Inc. $ 148,395.00 KDI, Underground, Inc. $ 159,886.00 Posted on May 12, 2004 at 3:00 p.m. 'Fo be Removed on May 16, 2004 at 3:00 p.m. EXHIBIT 5 CITY OF OKEECHOBEE TE RECEIYED: DAOSSUED: MAY 18,2004 AGENDA General Services Department alaKIN 55 SE 3 d Avenue, Room 101 APPLICATION No: DATE(S) OF EVENT: Okeechobee, FL 34974 Phone. 863-763-3372 ext. 217 ___D4 -C)Oi� 51-a9104 Fax: 863-763-1686 FEE: $175.00 DATE PAID: TEMPORARY USE PERMIT APPLICATION OFF -PREMISES SALES, YARD SALES, TENT SALES AND OUTDOOR AUCTIONS (LDR SEc 681 -6) Z 9 X W a. 0 X CL Name of Property Owner(s). Reeions Bank Address* 305 E. North Park Street Okeechobee. FL 34979 Telephone Numbers, Home, Work. 763-553.5 Mobile/Cell: Pager - Name of Applicant: Regions Bank Address. 305 E. North Park Strept 0kPPchnhPa_ FT. UQ7? Telephone Numbers: Home Work. 76-1-99-49 Mobile/Cell. Pager: Future Land Use Map Designation (Current Zoning Designation: C,HV Legal Description of Property, Lots-1,2,3,1u,ff,and 12 of Block 152, Okeechobee according to the Dlat thereof reenrdpd in PR)S_ Pcy 1; Address of Property: 305 E. North Park Street Okeechob a. FT, 34972 Please Explain Type of Use: Financial InstitiLtion Briefly describe use of adjoining property - North �i- , ii�H 9cLA s Ro ra I OeSwn East: � L� Monnnnirlq Rpct--4ii-ra"t- S o u t h Ha I I West: IT-no-nnt- T.nt- P,ttach the following documents* 1 Notarized letter of permission from property owner, if applicant is not the property owner 2 Structure will not be erect for more than fifteen (15) days a year 3 Removal of all debris within 48 hours of expiration of the permit. 4. Proof of liability insurance for length of permit in the amount of $1 Million per occurrence. Temporary off premises sales, tent sales, outdoor auctions and certain fundraising events may be permitted in commercial and industrial districts, subject tot he following regulations; such applicant shall have hand written permission of the property owner Not erect the structure for more than fifteen days a year Meet all required setbacks and off-street parking regulations of the district in which the structure is located, and all required sign regulations. Remove all debris within 48 hours of expiration of the permit. Submit proof of liability insurance paid in full covering the period for which the permit is issued, in the minimum amount of $1,000,000 00 per occurrence Events designed for purposes of fundraising by a religious, veterans, civic or charitable organization, or school district, such as but not limited to carwashes, candy or bake sales, or the like, which typically do not erect or use a temporary structure, shall not be subject to the requirements of the sections (a-e) herein; however, the City reserves the right to inspect and or direct the manner of such event so as to protect pedestrian and motor vehicle flow and traffic in the immediate vicinity All fundraisina activities where it is contemolated that the Darticiluants would be within a street riciht-of-wav or intersection, to conduct a "boot drive" or similar activity where monev is collected from Dassina motorists shall not be permitted. Please note that if you intend to use any portion of a City street or sidewalk a separate permit will have to be granted by the City Council I hereby certify that the information on 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 thirty days and may result in the summary denial of this application Signature of Applicant City Staff (Please review the application, attach comments or special conditions), Occupational,dnd/?f S eYcense Verifyation — /I * I I W 1A, 'A".0 Fire Departme t va: Police D rt nt p val: P u K, c__ `W, YOS D e p a rt rn �eo RrYOS 1: � :1 �re Building Inspector Approval: City Ad raltor ApPTU7clk, 41C�sr )04 Date Date�, _5/ M/o/ Date: /3 Date: 5_­13 - C�� Date: 011�)104 Date: NIR Date, Revised 03/20103 Ll 0 Regions. Iq Bank April 28, 2004 City of Okeechobee ATTN: Bill Veach, City Administrator 55 SE Third Street Okeechobee, FL 34974-2903 Dear Mr. Veach: On Saturday May 22, 2004, Regions Bank will be hosting a Community Celebration with a barbeque in our north parking lot. The event will be open to everyone. The hours of the event will be from I 1:00am to 2:00pm. WOKC radio remote will be on site from 11:30arn to 1:30pm. Regions will be faxing a copy of the liability insurance directly to Katrina Vinson, We plan to have a Spacewalk for the children, along with popcorn, cotton candy and snow cones. The food will consist of chicken and/or pork, rice & beans, coleslaw, hot dogs, dessert, sodas and rolls. There will be tables and chairs available for those who prefer to sit down to eat. A table will be set up to register for prizes. Parking will be available on the street and the vacant lot west of the building, which I am obtaining a letter of permission from Okeechobee Acquisitions, Inc. for this purpose. There will be staff on hand to monitor the event. We are asking the City's consideration in waiving the $175.00 permit fee for this event. This event is not a fund raiser or for profit, but to celebrate our continued commitment and involvement in the community. Sincerely, Melanie F. Anderson VP, Banking Center Manager 305 E North Park Street Okeechobee, Florida 34972 Telephone 863 763-5535 Fax 863 763-6533 0 0 CITY OF OKEECHOBEE (863) 763-3372 FAX (863) 763-1686 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Administratorl's Office 55 SE 3"' Avenue Okeechobee, Florida 34974 NAME: 1,41clanie- knderson ADDRESS: -3o5 �-� - t�oyib Par V-'si IDY-eemobee- FL -3-�Q-7a TELEPHONE: --1Lo3-t)535 FAX: '-Ro3-Lo533 MEETING: REGULAR A SPECIAL 0 WORKSHOP C3 DATE: 5IIS)04 PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: Ws'� Pe-vcn4 (\pphcaton F-P-t- vqniverk f-oy- ()t 01) U V1 I t-Q Ce �c oro,-hok--) CA+ Qeqicn� P)OnK I PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR: e-ainna vinson c-ienLwo conraitio--to, ,:)t-Lnrnt-Htd the —iPrntxjy-omj Ver-mil- 6pplica-hor). PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: Q:SA k nq th(a A- �Ce- o ck f C V- -t he- CCM ryj ujj I Ce I e Y) rct i o P i h u) [,� no I a, -F-Lj_�� n - i + i S (e I e r) r n i-C +"e- 'DaNQS CcitItinued O-nc4 involvemetO in the Covylv"�&rl �ty - PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: o 0- h,;;, ri e, IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MVCH TIME YOU ARE REQUESTING: f)O ovpsqy-�-���n Vrcserlf 110 0-r)1�1.1'11-Qv anv A %�-kkl)llon5 -rh(xi 0-1a,4 viave. SIGNED BY: 'KV(a':)r'r) DATE: ��)Jq j0q MCUO Lk ftrC(CtXtj_ � WP MEMO To: City Council Members & Administrator Veach From: Katrina Vinson, General Services Coordinator Date: May 18, 2004 Subject: Updated Property Tax Verification I have attached a receipt showing that the 2003 property taxes for the proposed subdivision, Morgan Manor, have been paid in full. -22-37-35-OAOO-00049;- 6 �OX CLA. e Lei U Mr- W;� 0 Z 0 0 -no 0 N M, M M a RV! S Wo t Wff 0 J�,,� N 6 VA WRE' Ai;t i6WIENTSJ­"� comaiNib 'rAxts iNiAq6g6WkNt1M* Seie'teierse side toe Irnbortaht Into ation) A P P L I C A N T P R 0 P E R T Y 0 City of Okeechobee 55 Southeast TdAvenue Okeechobee, Florida 34974 Phone: (863) 763-3372 ext. 218 Fax: (863) 763-1686 EXHIBIT 6 — MAY 18.) 2004 AGENDA Date Pewhod: Fee Paid 514'0 -.4 (Qq5. Date Diebbuted to City Staff and TRC: TIZJ� ffl-Vq 4 Ropedy Taxes Paid Vedftcatim: 3ee IpA�ad-Lcd ryumc Date of City Council Review. 104 Counc4l Acfion: APPLICATION FOR PRELIMINARY PLATTING OR SUBDIVIDING PROPERTY NAMEOFPROJECT: Morpn Ma-noy- NAME OF PROPERTY OWNER(S): Oa_�Y­c(ak "Dff In r, OWNER(S) NWLWG ADDRESS: 'P 0, 'BcDy, J,� 9 9 ) o K E F c IFL -3149-73 OWNERS PHONE: 8 6 3 - 6 9 "7 - 9 5 � 9 FAX: NAM OF APPLICANT: CLy- TY-0 e Y--'a � em- APPLICANT MAIUNG ADDRESS: 0 SW z �� e e APPLICANTS PHONE: 963- 634- 1W FAX: CONTACT PERSON: N mv� cauk � � CONTACT PERSONS PHONE: k I S C_�Ove' FAX: ENGINEER, Lov-%,s ADDRESS: 4�0 NE_ SURVEYOR: J CL M e- S ADDRM: 07 3 &.�3 PHONE: W63-7(,3-?54(, FAX: PHONE: ��3 -4Lol S7oo FAr. 9�3— +0 �D� � I DESCRIPTION OF PROJECT INCLUDING ALL PROPOSED USES: 9.?CLr- 5�6 �_'Ots NumsERtmwRIPTION OF PHASES: &r��e ?\�Gse' LOCATION OFIDIRECTIONSTO THE PROJECT: e&Sj c� V�& '?� S E ,n,,) j SE9"% i Q) N U3 W EXISTING IMPROVEMENTS ON PROPERTY: SVJ4 V-es k A WU 13 PROPOSED USE DIFFERENT FROM EXISTING OR PRIOR USE? YES (NO) N/A TOTAL LAND AREA IN SQUARE FEET' 3 9 5 9 ORACRES: EXISTING 1IMPERVIOUS SURFACE: 0 C; SQUARE FEET ADDITIONAL IMPERVIOUS SURFACE: I a +3 SQUARE FEET PROPOSED TOTAL IMPERVIOUS SURFACE: I �� � 0/0 S. 8 S 7 0-c- ACRES % OF SITE ACRES % OF srm CURRENT ZONING: CURRENT FUTURE LAND USE: F(f'y"dQr)+Cd CONFIRMATION OF INFORMATION ACCURACY I hweby cerWy MM ft k*M&00n /" " 4PPADOWn Is cw*d T7W koh"edw kwkj*d In this sppkabm Is for un by &W City of Okeechobee In plocessiV rw 10WOW Fill" or n93ba0v kMxm&6w noy be purd3hablv by a &W of up to $5W.00 and kqprbotww* of up to 30 days and may m&* In Me amnMNY d*RW Of this APP&01,0". -lot) Date Signature of Applicant Printed Name Parcel ID Number: 2-22-37-000-00049-A000 11010MI11111M Prepared by: SUSIE BURK Return to: Okce-Tantic Title Company, Inc. 105 Nw 6th Street Okeechobee, Florida 34972 FILE NO. 22698 Warranty Deed This Indenture, Executed this September 25, 2003 A.D. Between FIL-E HUM 3c?c?805 OR BK 00514 PG 0063 SHARON ROBERTSONP CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYP FL RECORDED 10/17/2003 0:05:46 AM RECORDING FEES 10.50 DEED DOC IP022.00 RECORDED BY 6 Mewbourn NOAH R� WILCOX, A/K/A RUCKER WILCOX, A SINGLE MAN whose address is POST OFFICE BOX 482, OKEECHOBEE, FLORIDA 34973, hereinafter called the grantor, to DAYBREAK DEVELOPMENT INC., A FLORIDA CORPORATION whose post office address is: 3050 BISCAYNE BLVD., SUITE 600, MIAMI, FLORIDA 33137, hereinafter called the grantee: (Whenever used herein the tcrm"gnmtor"and'grantcc* include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnessethv that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, rentises, releases, conveys and coatirms unto the grantee, all that certain land situate in Okeechobee County, Florida, viz: Legal Description as Exhibit "A" Parcel ID Number- 2-22-37-35-OAOO-00049-AOOO Subject to covenants, restrictions, casements ofrecord and taxes for the current year Together with all the tenements, hercditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. Amd the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said laud; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons wbomsoevcri and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2003. In Witness Whereof, the said grantor has signed and scaled these presents the day and year first above written. Signed, sealed and reuddin urpresence: (Seat) ---Sylvia E. Burk NOAH R. WILCOX Witness P led Name Address: POST OFFICE BOX 482, OKEECHOBEE, FLORIDA 34973 Witness Printed Na -D—arhat�' \ State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this September 25, 2003, by NOAH R. WILCJPX AXA"WCKER WILCOX, A SINGLE MAN, who is/are personally known to me or wh goduced a drivers license as i . Ion. 28, - "b 11 C% ry P IDDIT7606 110-19-mmlislon Expires 0 0 May 5, 2004 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 To whom it may concern: Daybreak Development, Inc, A Florida Corporation is the property owner of the proposed subdivision Morgan Manor. Daybreak Development is owned by myself, Jonas Morgan. 1, Jonas Morgan, authorize Mark Troendle to act as agent, and sign on behalf of me, in all regards to the Morgan Manor Subdivision/Platting Process. Jonas Morgan Daybreak Development, Inc. State of Florida County of Okeechobee The foregiding instrument was acknowledged before me this 5th day of May 2004 by Jonas Morgan-'/�Who is personally known to me. Sea[: KATRINA VINSON fbhature of Notary MY COMMISSION # DD 228546 EXPIRES: July 1. 2W7 Boroad Ttwu Notary Public Underwriters 0 MORGAN MANOR GENERAL SUBDIVISION INFORMATION; This site, roughly 9-acres in size, is presently undeveloped except for one existing single- family residence (wood frame), which is presently unoccupied. Surrounding development consists entirely of residential uses, except for the Blue Heron Golf & Country Club located south of this site. The site consists of deep sands that support a vegetative community consisting primarily of oaks and palmetto. Prior to recent vegetation clearing activities, a monoculture of air -potato (exotic vegetation) covered the site. The property is located within the Taylor Creek Drainage Basin, which is served by the South Florida Water Management District (SFWMD) Pump Station. The SFWMD Pump Station serves to control water elevations within the basin at elevation 13.5' NGVD (pump off elevation). This site, which can be considered flat for all practical purposes, has an average elevation of 22.5' NGVD. A topographic map of the site was submitted to the city prior to the pre -application meeting with the Technical Review Committee. The combination of soils (deep sands) and the established control elevation for the basin (13.5' NGVD) prevents the generation of surface water runoff, except under the most extreme conditions. Storm water percolates into the deep sands and is conveyed to the receiving system through groundwater flow. Proposed are 15-lots (roughly 0.5-acres in size), as shown on the preliminary plat and site plan, that will be served by a single access road and cul-de-sac (linear extension of SE I 01h Street). Lot swales and roadside swales will serve to contain storm water on -site, for water quality treatment and attenuation, for events up to and including the 25-year event. The primary mode of discharge from the site, as described above, is through percolation. Extreme storm events, in excess of the 25-year event, will overflow to the roadside drainage system along the west boundary of the property, as presently occurs. The project qualifies for a No Notice General Permit from the SFWMD in conjunction with 40E-400, F.A.C. There are no existing wetlands or Other Surface Waters located within the boundaries of this property. Utilities proposed for the project will consist of city water and gravity sewer. City water is available and is located adjacent to the property. In addition, an existing manhole (gravity sewer) is located directly adjacent to the site. Proposed is the utilization of individual can -pump waste treatment systems that convey flow to a force main, which will direct flows to the existing gravity system located along SE 9th Avenue. 0 0 PRELIMINARY PLAT AGREEMENT THIS Agreement, made and entered into this day of 1 2004, by and between , (hereinafter referred to as "OWNER"), and THE CITY OF OKEECHOBEE, a political subdivision of the State of Florida (hereinafter referred to as "CITY"). RECITALS A. OWNER is the fee simple owner of a certain tract of land located with in The City Of Okeechobee consisting of approximately 8.5 acres; the said property hereinafter being referred to as "PROPERTY" and being more particularly described in Exhibit "A" attached hereto and made a part hereof. OWNER is the holder of all legal and equitable ownership rights in the PROPERTY. B. The OWNER represents that it is the fee simple owner of the PROPERTY and that the rights granted herein and the obligations created hereby shall in no way be affected by the property right of any other entity at the time of the execution of this Agreement; upon sale or assignment of the property or development to any other person or entity; or at any time between the execution of this Agreement and the recording of this Agreement in the Public Records of Okeechobee County, Florida. C The OWNER desires to develop the PROPERTY as a subdivision consisting of fifteen (15) developed lots, with improvements, tentatively to be named BRENTWOOD ESTATES at this time. The current land use plan is therefore reasonable and appropriate for application to the PROPERTY upon fulfillment of the OWNER'S obligations under this preapplication Agreement. It is the purpose of this Agreement to provide necessary information for final plat approval, and a mechanism to mitigate potential adverse roadway, drainage, parking and traffic circulation impacts created by the Development of the PROPERTY and to ensure that adequate public services may be provided to the PROPERTY and to the balance of the residents of the CITY. D. The OWNER agrees to construct certain roadways, landscaping, pedestrian, and transportation improvements as set for-th in this Agreement, in conjunction with Development of residential lots, which improvements will mitigate the potential adverse impacts of the proposed Development. E This Agreement is authorized by Florida Statutes (2000), and the CITY OF OKEECHOBEE Unified Land Development Code Ordinance No. 716, as amended, and Chapter 86 thereof, and the provisions of those laws as they exist as of the date of this Agreement are incorporated herein by reference and shall 0 0 govern the relationship of the parties under the terms of this Agreement. Any matters required by existing state statute of CITY Ordinance(s) which are not a part of this Agreement shall, nevertheless, be complied with by the parties. The OWNER and its successors or assigns in interest shall be responsible for every obligation set forth under the terms of this Agreement. The PROJECT as set forth herein is consistent with the CITY OF OKEECHOBEE Comprehensive Land Use Plan and CITY OF OKEECHOBEE Unified Land Development Code. NOW, THEREFORE, in consideration of the mutual promises and covenants herein made and agreed to be kept, the parties hereto agree as follows: The foregoing recitals are true and correct and are incorporated herein by reference. 2. The OWNER understands this Agreement is for the purpose of conditional approval of preliminary plat and construction plans, prepatory to final plat approval. This Agreement will be valid for a time period of up to twenty- four (24) months from the date that it is executed by all parties; if final plat approval is not obtained within twelve (12) months after approval of the preliminary plat, and the CITY is of the opinion that circumstances surrounding the project are sufficiently changed, the CITY reserves the right to render this Agreement null and void, and require OWNER to commence the platting process anew. This Agreement may be extended by mutual consent of the CITY and OWNER, subject to a public hearing and participation. Further, this Agreement may be canceled only by the mutual consent of the parties or their successors in interest. The execution of this Agreement and conditional approval of preliminary plat shall confer no legal rights to OWNER to construct the proposed development unless and until OWNER complies fully,%krith all applicable requirements, -statutes, codes and ordinances, regardless whether set forth herein, and obtains final plat approval from the CITY. 3. The OWNER represents that nothing herein is barred or prohibited by any other contractual agreement to which it is a party or to which any of its agents or representatives are a party, by any existing statute or rule, by an existing governmental agency, by any third party, or by the rights of any other party with a direct or contingent interest in the PROPERTY, whether legal or equitable. 4. All Development rights created hereunder will be subject to compliance with all CITY ordinances, and including but not limited to zoning approval, Ordinance No. 814, and site plan approvals, and platting requirements, including Ch. 86 Land Development regulations, each of which shall be in compliance with all Development permits and applicable regulations of CITY, Regional, District, State and Federal Agencies. The failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the OWNER of the necessity of complying with the existing law governing said permitting requirements, conditions, 0 0 terms or restrictions and any matter or thing required to be done under existing ordinances of the CITY or regulations of any other government agency or other entity having legal authority over the PROPERTY. No such ordinance, law or regulation with otherwise be amended, modified or waived unless conduct constituting such modification, amendment or waiver is provided for herein and all necessary procedural steps are taken relative to the granting of such modification, amendment or waiver in accordance with terms of applicable CITY ordinances and State Statutes. All applicable impact fees, Development review fees, building permit fees, and all other fees of any type shall be paid in accordance with their terms and in such amounts applicable as they become due and payable except as is otherwise specifically provided herein. 5. The parties agree that the CITY'S willingness to enter into this Agreement, the staff approval or recommendation relative to the proposed Development, land use plan designations, the passage of ordinances attempting to modify the land use designations, submittals to or before the City of Okeechobee City Council or the Florida Department of Community Affairs, and any other act in furtherance of this Agreement by the CITY, including the negotiations leading up to the execution of this Agreement, will not be used by the OWNER or its successors in interest in any way whatsoever as committing the CITY legally through theory of equitable estoppels, vesting of rights, obligation of authorship, or any other legal theory to the approval of such proposed Development in the event that this Agreement is terminated, does not proceed to final plat approval, or for any other reason does not take effect in all material respects. The parties further agree that any and all action by the OWNER or its representatives in negotiation of this Agreement and including all efforts in the implementation of the Agreement or submittals to other governmental bodies shall in no way be deemed to be an action in reliance giving rise to an equitable estoppels, or a vesting of right, and in the event that it is not possible to implement this Agreement fully, the par -ties' legal positions will be identical to the legal position that they would have maintained, of any, and all matters regarding the proposed Development of the PROPERTY had never been discussed between them, and the CITY held harmless by OWNER. 6. Notwithstanding the current land use plan designations, the maximum intensity which may be built on the PROPERTY shall not be greater than fifteen (15) residential lots; with roadway, drainage and such improvements as designated on preliminary plat of BRENTWOOD ESTATES prepared by Loris Assmussen, P.E., on behalf of OWNER. a. In accord with the Project's preliminary plat, any subsequent phases, expansions, additions, new structures, and/or modifications will require new site plans subject to CITY'S ordinances and review and approval process, particularly but not 0 0 limit ed to all roadway construction and storm water drainage requirements. b. When the public health, safety and welfare would be adversely affected by such Development all such matters will be addressed during the permitting process and nothing herein shall limit the legislative discretion of the CITY in the permitting process to ensure and protect the health, safety, and welfare of the public. However, such limitations shall not act to reduce the maximum allowable Development provided for herein above. c. All government approvals and permit will be obtained by OWNER at OWNER'S sole cost, including if applicable, water and wastewater availability fees and connection fees from the Okeechobee Utility Authority. In the event that any Development permissions are not received, no further Development of the PROPERTY will be allowed until such time as the City Council has reviewed the Development and determined whether or not to modify it in a manner consistent with the public interest. Under these conditions, action and reliance on these expenditures in pursuance of its terms and of any right accruing the OWNER hereunder, shall not vest any Development rights in OWNER nor shall it constitute partial performance entitling OWNER to a continuation of this Agreement. 7. The final plat shall substantially conform to the preliminary plat as approved by the CITY, and the OWNER shall provide to the city the following, prior to final plat approval - a. Proof of compliance with all provisions applicable in ch. 86 land Development regulations, including but not limited to Sections 86-71, through 86-74 b. A description of the work to be done, and the time specified therefore by OWNER. c. That no exceptions to requirements or standards shall be granted to OWNER unless same are duly approved by the technical review committee or the city council. d. A written separate agreement, as to any participation by CITY in the project. e. A written, separate agreement, if any, as to the lien imposed upon the lands of OW'NER for any work to be performed by the CITY. f Proof of compliance with all conditions precedent to the issuance of building permits to be issued by the CITY. g. Proper documents conveying by OWNER to CITY of all water, wastewater, and ston-n lines installed within dedicated public rights -of -way. 0 0 h. A written, separate agreement of OWNER to maintain and repair all streets, rights of way, curbing and drainage facilities in the subdivision for a period of one (1) year prior to acceptance of same by CITY. i. Provide a certificate executed by the city administrator showing approval of the city council that OWNER has complied with either (1) that the Development will proceed without bond, or (2) that a surety bond has been procured guaranteeing that the work will be completed in accord with the final plat and all conditions attached thereto j A certified drawing from OWNERS engineer of all Landscaped areas as may be indicated and approved on the site plan of OWNER for this project and k. Street/median landscaping, irrigation and continued maintenance; 1. Adequate and safe pedestrian crossings for street parking based on a plan approved by the City Engineer; m. Road improvements to meet CITY parking and curbing standards as per CITY land Development Regulations and fire safety codes. n. Storm water drainage facilities based upon a plan approved by the City Engineer, which design shall provide access from public rights of way for maintenance of such facilities. o. A final developer's agreement, required prior to final plat approval by the CITY and recording of same in the public records, containing all of the above information and requirements executed pursuant to Sec. 86-73(e)(f) of the land development regulations. 8. The Development of the PROPERTY shall be in accordance with the preliminary plat as approved by the city council, or as thereafter amended, shall be completed with all designated improvements and requirements of CITY; and shall meet the requirements of all existing CITY ordinances except as is otherwise specifically waived or modified herein. The CITY and the OWNER shall coordinate the scheduling of construction obligations herein with the Development schedule of the MINER so that infrastructure improvements provided for herein will be completed in a timely fashion so as to provide services to the proposed Development in an orderly manner. 9. Any notice or request required or authorized to be given by the terms of this Agreement or under any applicable law by either party shall be in writing, hand -delivered, or sent by certified or registered mail, postage prepaid, return receipt requested. Such written notice shall be addressed as follows: 0 AS TO THE OWNER AS TO THE CITY The City Administrator 55 S.E. 3 Avenue Okeechobee, FL 34974 Either party may, by subsequent written notice, designate a different address or party for receiving notice. a. This Agreement shall constitute a covenant running with the land for the duration hereof and shall be binding upon the OWNER, their heirs successors in interest or assigns, and upon all persons deriving title by, through or under said OWNER and upon its assigns and successors in title. The Agreements contained herein shall benefit and limit all present and future owners of the PROPERTY and the CITY for the term hereof b. This Agreement constitutes the entire Agreement and understanding between the parties and no modification hereof shall be made except by written Agreement executed with the same formality of the Agreement. Te parties acknowledge that there are no outstanding agreements of any kind between the parties other than as reflected herein, Except as is otherwise specifically provided herein the PROPERTY shall be subject to the laws, ordinances and regulations of the City of Okeechobee, Florida, as they exist as of the date of this Agreement. c. Any reference in this Agreement to the OWNER contemplates the undersigned or its successors in interest. Assignment of any rights or interest or obligations under this Agreement shall not relieve the OWNER hereunder except upon a release being executed by the parties hereto and recorded in the Public Records of Okeechobee County, Florida, upon such terms that are mutually satisfactory to the parties. IN WITNESS WHEREOF, the parties have hereto set their hands and seals the day and year first above written. Signed, sealed and delivered In the presence of koa-nd-q Witnessb- NamePrinted: Randy Milner Witness Name printed: sabrina Wilde OWNER A C SO OWNER 0 Signed, sealed and delivered In the presence of THE CITY OF OKEECHOBEE A political subdivision of the State Of Florida Witness Name Printed: By: Mayor STATE OF FLORIDA COUNTY OF OKEECHOBEE BEFORE ME, personally appeared to me well known/produced a driver's license and known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged to and before me that he/she/they executed said instrument for the purpose therein expressed. WITNESS my hand and official seal this day of ,2004. Notary Public My Commission Expires Commission Number: STATE OF FLORIDA COUNTY OF OKEECHOBEE BEFORE ME, personally appeared Mayor of the CITY OF OKEECHOBEE, to me well known/produced a driver's license and know to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal this day of ,2004. Notary Public My Commission Expires: 0 E DECLARATION OF PROTECTIVE COVENANTS In order to preserve the values of Brentwood Estates, the following provisions shall be enforced to the Property: 1. SINGLE FAMILY. Each lot or unit shall be used as a residence for a single- family occupancy only and for no other purpose. 2 All construction plans must be approved by the developer or Homeowner's Association. 3. BUSINESS No business shall be conducted in any residence unless it is considered to be a Home Occupation as defined by the Okeechobee County Ordinance and has the written approval of the Association. 4. FENCES. Fences and Walls. No fence or privacy wall may be constructed on a lot without the prior approval of the Homeowner's Assoc. or developer. If any owner desires to construct a fence or privacy wall on his lot, the owner shall submit a plan to the HOA showing the proposed location of the fence or privacy wall upon the lot. 5 POST LIGHT. Each residential unit shall have and maintain a post -style front yard light of the type and appearance approved by the HOA or the developer. The light shall be photocell -controlled for duck to dawn operation with light bulbs of a type and wattage approved by the HOA or developer being promptly replaced where necessary. Electrical power shall be available to the post light at all times. 6 SIGNS. No signs may be displayed on a lot in the subdivision with out prior written approval of the HOA or developer. 7. GARBAGE. No garbage, trash, refuse or rubbish shall be deposited, dumped or kept upon any part of the property except in closed containers or other garbage collection facilities deemed suitable by the HOA or developer, or appropriate governmental authority for curb side pickup and shall not be placed at the curb no sooner than 5:00p.m. on the day before the scheduled pickup. All containers and other garbage collection facilities shall be screened from view from outside the lot upon which they are located and kept in a clean condition with no noxious or offensive odors emanating from them. 8 RADIO EQUTPMENT. No ham radios or radio transmission equipment shall be operated or permitted to be operated in the property, if the same would interfere with TV, radio, or other electronic uses by others. 9. TEMPORARY BULDINGS. No tents, trailers, shacks or other temporary buildings or structures shall be constructed or otherwise placed within Brentwood except in connection with construction, development or sales activities permitted under this Declaration or with the prior written consent of the HOA or developer. 10 DETACHED BUILDINGS. No detached buildings shall be pen-nitted on any lot in the subdivision without the prior consent and approval of the HOA or developer % 0 0 11. REPAIRS. Each owner shall, at his own expense, repair his residence, keeping the same in a condition comparable to its original condition, normal wear and tear excepted. 12. OUTSIDE STORAGE OF PERSONAL PROPERTY. All personal property of Brentwood residents shall be kept inside the dwelling units or a fenced or a walled -in yard, except for patio furniture and accessories, and other personal property commonly kept outside, which must be kept in the rear of the lot and must be neat appearing, maintained in good condition, and screened from any road. 13. AESTHETIC COMPATIBILITY. Subject to the exemptions afforded the developer, below, all new construction or exterior remodeling shall be reviewed by the developer prior to commencement of construction. No changes shall be made to the exterior physical appearance of a structure, including color changes, without the prior consent of the HOA or developer. 0 0 MEMO To: City Council Members & Administrator Veach From: Katrina Vinson, General Services Coordinator Mv Date: May 4, 2004 Subject: Property Tax Verification I called to verify the property taxes on the proposed subdivision, parcel identification number 2-22-37-35-OAOO-00049-AOOO. The property taxes for 2003 have not been paid, the balance owed is $1,892.25. The taxes are due at the Tax Collectors Office by May 20, 2004. CITY OF OKEECHOBEE TECHNICAL REVIEW COMMITTEE MINUTES April 7, 2004 11 AGENDA 1. Call to Order - Chairperson. Technical Review Committee Meeting - Joe Boyd, Chairperson. lei. Chairperson and Staff Attendance - Chairperson Boyd. Voting Members: Joe Boyd, City Building Official Bill Veach, City Administrator Denny Davis, Police Chief Donnie Robertson, Public Works Director Kelly Hill, LaRue Planning and Management Services Keith Torrey, Fire Chief Oscar Bermudez, City Engineer Katrina Vinson, General Services Coordinator Non -Voting Ex-Officio Members: Eddie Trent, Okeechobee County Health Department John Cook, City Attorney L.0 Fortner, Okeechobee Utility Authority Executive Director Ill. New Business. A. Pre -application for a new subdivision located directly East of S.E. 91h Avenue, and North of Blue Heron Golf and Country Club The proposed subdivision, Morgan Manor, is owned by Day Break Development, Inc., Jonas Morgan is the applicant. Mr. Morgan is proposing a single family development consisting of 14 lots. ACTION - DISCUSSION - VOTE PAGE I OF 3 Il Chairperson Boyd called the April 7, 2004 Technical Review Committee meeting to order at 10:03 a.m. Each member stated their name and organization they are representing for the record, Present Present Present Present Absent Present - Battalion Chief Smith sat in as voting member Present Present Present Absent Present Chairperson Boyd reviewed the memo submitted by Kelly Hill of LaRue Planning and Management. The memo stated: This memo is concerning your request for review of the Preliminary Plat for Morgan Manor The following items should be addressed. (1) Lot I appears not to be deep enough at +/- 80'for a building site. The lot has a 25'front setback and 1 0'rear setback, which will only allow for a +/- 45'long single family home. (2) The street should be redesigned to connect with the existing SE 10' Street. (3) The Land Development Regulations for the City requires sidewalks for a new neighborhood, per section 76-36(a)(2) We would defer this issue to the City Engineer to determine if sidewalks are needed in a neighborhood of this size. (4) The road width and circle turn -around should be determined by City Fire and Emergency Personnel so adequate turnaround of emergency vehicles is provided (5) The proposed lift station needs labeling on the Site Plan. (6) Lot7 is too narrow at7l.85' All widths shall not be less than 75' per section 90-105(a)(1). All other aspects of the Plat seem to meet the requirements for the Residential Single -Family One (RSF-1) Zoning District. AGENDA New Business, continued. A. Pre -application for Morgan Manor, continued. APRIL 7,2004- TECHNICAL REVIEW COMMITTEE - PAGE 2 OF 3 ACTION - DISCUSSION -VOTE il City Engineer Bermudez reiterated the importance of 10' Street being lined up with the existing 10" Street. He also requested that the water and sewer system, as well as the lift station, be shown on the drawings. Mr Bermudez explained that sidewalks are at the option of the developer, as well as the movement of property lines will address the narrowness of Lot 7 LC Fortner, Okeechobee Utility Authority, explained that water and sewer were available, and are to be installed by the developer City Administrator Veach explained that the City requires a 4 inch force main in the City right-of-way. Eddie Trent, Okeechobee County Health Department, had no comments. Battalion Chief Smith addressed the concerns of the Fire Department. He explained that the cul-de-sac needed to have 100 foot of paved radius. Mr. Smith also requested that a fire hydrant be placed at the entrance of the subdivision, as well as one be placed halfway down the street. Police Chief Davis had no comments. Public Works Director Robertson questioned the water retention. Mr. Robertson also requested that all culverts be 15 x 20 in size, and made with metal. City Administrator Veach had no additional comments, Lorris Asmussen, Project Engineer, explained that lining 10"' Street up with the existing 10" Street would not be feasible for the project, this would cause Lot 1 to be removed. Mr Asmussen explained that each individual lot would have a small pump station, this would then pump the sewer to the force main in the City right-of-way Once in the force main the sewer would have a gravity flow to the OUA hookup. Mr Fortner, Okeechobee Utility Authority, explained that the pumps would be the responsibility of the individual property owners, Okeechobee Utility Authority would pick up at the property line. City Administrator Veach expressed concern about the individual pumps, he questioned if the pumps would be the responsibility of the property owner or the City to maintain. Chairperson Boyd instructed Katrina Vinson, General Services Coordinator, to speak with the Attorney about the individual pumps. Mr Asmussen also explained that there is a possibility of an ownership change, in turn the development name may change. Mr. Asmussen explained that there is very little water run off, all water will be removed with swails and roadside runoff. There was no further discussion from the Committee, and no public comments. Oscar Bermudez motioned to approve the pre -application for Morgan Manor subdivision, based on the following comments being addressed: I Correct the size of lot one. The lot does not appear to be deep enough, as stated in the memo from Kelly Hill, 2. Street needs to be redesigned to connect with the existing SE 10t, Street. 3. Correct the size of lot seven. The lot is too narrow at 71.85 feet, as stated in the memo from Kelly Hill. AGENDA Ill. New Business, continued. A. Pre -application for Morgan Manor, continued. 0 101 IV. Adjournment - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Technical Review Committee with respectto any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record ofthe 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. Joe Boyd, Chairperson ATTEST Katrina Vinson, General Services Coordinator APRIL 7,2004 - TECHNICAL REVIEW COMMITTEE - PAGE 3 OF 3 ACTION - DISCUSSION - VOTE Show water and sewer system on the Site Plan. This needs to be shown once it is decided whether to use one individual lift station, or a small pump on each individual lot pumping the sewer into the main line and gravity flow the sewer to the CIUA line. When installing the force main, the City requires a four inch force main to be used within the City right-of-way Cul-de-sac needs to be 100 feet of diameter, the entire 100 feet needs to be paved. A fire hydrant needs to be placed at the entrance of the development, and one needs to be placed at/near the halfway mark of SE 10t' Street in the development. Need to use metal 15 x 20 culvert pipes. Determination by the City Attorney regarding individual pumps on each property, will they be the responsibility of the City or the property owners. The motion was seconded by Herb Smith, Battalion Chief. VOTE BERMUDEZ - YEA BOYD - YEA DAVIS - YEA ROBERTSON - YEA SMITH - YEA VEACH - YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Boyd adjourned the meeting at 10:25 a.m. PLAIT (OF PLAT BOOK 4 , PAGE MENCE t� �� --- MORGAN MANOR '00� SHEET 1 OF 1 �t' .w SENS A P&RCEL OF LAND LYONS ON NOTICE,' THIS MAT. AS RECORDED 14 ITS GRAPHICM IS THE OFFICIAL DEPICTION OF THE SUBDFADED LANDS DESCRIBED AND WILL IN g:S��ANCEGK AUTHORITY BY ANY OTHER GRAPHIC OR KAY BE ADDITIONAL RESTOLTIONS THAT :nK I SEC room 229 -Tommamolp 37 sou -mg nmam! von luv ARE NOT RECORDED ON INS PLAT THAT MAY BE FOUND *1 THE PUBLIC RECORDS OF THIS COUNTY. 7ALUHMSEE NERODO&N SCALE, Ir - 60' w OKEECHOBEE COUN7-f 9 FLORODA LEGEND W.6 0' so, cu'ry (OF OKEECHOBEE 120' ISO, 240' El SET P6�� jagRICIWITIN 5/5' PON ROD mow CAP ST 0 LS 5mi P.Rm.- SET (PJLM.) 'ALMOND RED LSTW' MON ROD WITH CAP STAMM 1. SET (MOMMOM NOT PLATTED I t Commm LLJ NOT PLATTED F- RIGHT-OF-W MORE OR LESS 1 1 U. . - UTILITY EASEME10 z 1 CLEF DRAINAGE EASINIENT SE 9TH COURT UJ > 1 I I NORTH UK Of 'ME SOUTH 1/2 OF THE W 1/4 OF THE SE 1/4 OF L 6 : C.D,(KrP,,AL ANGLZ S89'1 O'34"E - 2-3-- r IT 299.70' 1042.87' 151.88' i.M.02' 1 -T 155.00' 155.00' 221.39' 74.2-8--n 221-39' L ARC LENGTH CH DRAINAGE EASEMENT bi AC ACRES L'j z In NOT INCLUDED NOT PLATTED if) iz 6 LOT 15 10, I'a LOT 14 LOT 13 LOT 12 LOT 11 0.85 AC �; I LOT 10 0 MR NOT RADIAL A - 47*13'58" 0.50 AC AC is 0.50 AC 0.50 0 0.43 AC 01.50 AC LOT 9 4 LC R - 75.00' �p - 1.4 �! 4 1 I A - 36'20'04' r54'40" / / '-" DO. / / 0.50 AC OKEECHOBEE EST)TES R I z L -_t, 1 3' _;1.7 13 1.0 1 h N R - 125.00- -1 w L . L - 49:35'--/ 91,59,30" '8." R - 48.00' b P BOOK 3. PACE 20 LAT L 82.44' 755110- - - - 7 55.DU- -j L j- -T 55.ucr- J L -7S. \ rr- L - 77.07' IlL S85,51,46 "E 28a.all 6 34�52'45' 1 DO.00' p RCEL A LMD CA 22_82' s8TlO'34't` L 60 TBEV 634.70' - - - - -E - 1-0 t -H § -T-R -ET 50' RIW - - - - FM0'WM"E -MOL- 32.0-L NOT PLATTED SE 10TH STREET SE 11TH STREET V4 Al I'll 6 50.100' co 221 2� 25 E2� -i - - - - t5aw 3azma A R 5.00' 1 1 1 1 r 'I ZZO, 4iLtv A - 47* 13'58" i r'---j4Lt2 - L 50.30' 1 1 1 1 39-17'33" R-" �4 0.. 22-4.--_ 1" S8 2"l R - 50.00' L - 41.22' I'z I . L - 0 3 11 1 r R - 125.00' L - 85.72' LOT 4 LOT 5 8- L 7-.�2 LOT 6 ISO 7 A 4355'32' 8 R : 1 L 5. i4 0.50 AC 0.50 AC 9 LOT 0.50 AC 0.49 AC R 75.00' LOT 1 LOT 3 R L 57.50' L T 2 8 0.52 AC 0.47 AC 0.35 I i 60.00* 248v78i . 151.0 1 1 182.56' A 43*55*32" R 100.00' L 76.66' DESCRIPTION A PARCEL OF LAND LVIING IN THE SOUT11EAST 1/4 OF SEICTION 22, TOWNSHIP 37 SOUTH R94CE 35 EAST, OKEECHOBEE COUNTY, nDMDA6 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: DEDICATION STATE OF FLORIDA COUNTY OF OKEECHOBEE KNOW ALL MEN BY THESE PRESENTS THAT DAYBIREAK DEVE1,01MWENT, W.' A FLORIDA CORPORATION, OWNER OF THE LANDS SHOWN HERZON. OEM IN SECTION 22, TOWNSHIP 37 SCRjrrK RANGE 35 EAST, OKEECHOBEE COUNTY. FLORIDA, SHOWN HEREON AS COLINTRy HILLS RANCHES, PAS CAUSED THE SAME TO BE SURVEYED AND PLATtED AS SHOWN MERDDN AND DOES NOtOY DEDICATE AS 1. THE DRAINAGE EASMIIENTS, AS SHOW HEREON. ARE HEREBY DEDICATED IN PERPETUITY FOR DRAINAGE PURPOSES. THE MAINTENANCE OF ALL DRAINAGE FACILM LOCATED THEREIN SHALL BE IME PERPETUAL MAINTENANCE OBLMIION OF THE OWNERS OF THE LOTS PLATTED HEREIN. WITHOUT RECOURSE TO OKMO400M COUNTY. NOT PLATTED ACKNOWLEDGMENT 1339.83' NORTH 1/2 OF THE SOUTH 1/2 OF THE M �/4 OF THE SE 1/4 OF STATE OF FLORIDA COUNTY OF OKEECMOBEE BEFORE ME THE UNDERSIGNED NOTARY PUBLIC. PERSONALLY APPEARED IS =NT .a=Y Tb OF DAYBREAK DEVELOPMENT, INC.. A NE PEMS.' KNOWN AND KNOWN BY ME TO BE THE INDIVIDUAL DESCRIBED IN AND WHO EXECUTED THE FOREGOING DEDICATION AND HE ACKNOWLEDGED BUM ME THAT HE EXECUTED THE SAME. WTHIESS W HAND AND O"MN. SEAL AT OKEECHOBEE COUIM, FLORIDA THIS DAY OF - 2004. NOTARY PUBLIC. STATE OF FLORIDA AT LARGE PRINTED NAME OF NOTARY PUOU`C COMMISSION N EXPIRES SURVEYORS CERTIFICATE STATE OF FLORIDA COUNTY OF OKEECHOBEE 1. THE UNDEIRSIONED PROFESSIONAL SURVEYOR AND MAPPER, HEREBY CER!TIFIES THAT THE PLAT MMON WAS PREPARED LINDER MY DIRECT SUPERVISION AND THAT IT WPM WITH ALL THE SURVEY REQUIREMENTS OF CHAPM M, PART 1, OF THE STATUTES Or THE STATE OF FLORIDA. TITLE CERTIFICATION STATE OF FLORIDA COUNTY OF OKEECHOBEE r--- -- /a - 89-56'27' R : 48.00' L 75.35' LOT 8 0.51 AC 1, -, MORNEY-AT-Lfiffif, AUTHORIZED TO PRACITICE IN THE STATE OF 5�DO MEMW CERTIFY THAT I HAVE EXAMINED THE PUBLIC RECORDS OF COUNTY. FUOMDk AND FIND THAT THE TITLE TO THE LANDS DESCRIBED AS FOLLOWS: A PARCEI. OF LAND LYING IN THE SOLTINWAST 1/4 OF SECTION 22, TOWNSHIP 37 SOUTH RANGE 35 CDUNITY, FLORM0. BELONS AND M304 MORE PARTICULARLY AMINUOF 5 VESTED IN THE NAME OF DAYBREAK DEVELOPMENT. INC.. A FLORIDA CORPORATION * AND THAT THERE IS No MORTGAGE, AND THE TAXES FOR THE CURRENT TAX YEAR 14AVE NOT BEEN PXD, AND ARE NOT YET OUL JOHN D. CASSELS, AITORNEY-AT-LAW DATE SURVEYORS NOTES i. THE BEARINGS HEREON AM BASED UPON AN ASSUMED SEARM OF S WIV29' W. ALOW THE WEST LINE OF THE SE 1/4 OF SECTION 22, TOWNSHIP 37 5"' RANGE 35 EAST. 2. UTILITY EASEMEN11S SHOWN HEREON SMALL ALSO BE FOR THE CoNSTWUGM MAINREMANICE AND OPERATION OF gjAr IDED HOWEVER. NO SLXCM INST 1'0�� ope� O� PROV CONSTRUCTION, CAKE TELEVISION 3EFtVICES SMALL INTERFEME WITH THE FAMM NO SERVICES OF ELECTRIC. TELEPHONE, BAB OR OTHER PUBLIC UTILITY. #4 THE EVENT A CABLE TELEVISION COMPANY DAMAGES THE FAMM OF A PUBLIC VrLITY IT 94ALL BE SQUELY RESPONSVILE FOR THE CAMAGM ACCEPTANCE BY OKEECHOBEE CITY COMMISSION STATE OF FILDRIDA COLWrr OF OKEECHOBEE rr 6 HEREBY COMO THAT TIRS PLAT HAS BEEN OFFICIALLY APPROVED FOR RECORD BY THE OKEECHOBEE CITY COMMISSION FOR THE CRY OF OKEECHOBEE. =THS - DAY OF 2DO4. of THIS PLAT FOR RECORDING DOES NOT CON91TTUTE ACCEPTANCE MANITEMANICE OF THE STREETS. ROAM)% EASEWDITS OR 07HO FEATURES DEPICTED ON THE PLAT REGARDIJESS OF THEIR DEDIC710N. NO DEVELOPMENT MGM ARE GRANTED SDUMY By THE EXMCUTTION AND RECORDING OF THIS PLAT. ALL PURCHASERS ARE RESPONSIBLE FOR ONTAINING ANY NECESSARY STATE OR LOCAL PERMITS AND UCENSES PRIOR TO DEVELOPMENT. APPROVED'. CHAR". CITY COMMISSONERS DATE CERTIFICATE OF RECORDING COUNTY OF OKEECHOBEE STATE OF FLORIDA I, SHARON ROBERTSON. CLM OF CIRCUIT COURr DO HUM CERTIFY THAT THIS PLAT WAS FLED FOR RECORD ON THE - DAY OF 2004, IN FIAT BOOK _. PAGE 2. THE UTILITY EASEMENTIS AS SHOWN HEREON ARE HMW DEDKATED IN PERPETUITY FOR THE CONSTRUCTION ' MAINTENANCE AND OPMTION OF PUBUC UTILITIES. unury Eismom smAu Afm- BE FOR THE commucTioN. MNNTEM04CE OF CABLE TELEVISION SERVICE34 PROVIDED HOWEVER. NO =4W=M=CnON. INISTALLAIM AM OPERATION OF CAKE JAM R. ALMOND, PSM TELEVISION SENIVICES SMALL INIUSERE WITH THE FACKM AM SUMCIES OF PROFESSIONAL SURVEYOR AND MAPPER MAIMER 2081 CERTIFICATE OF REVIEW SKARON ROBERTSON CLERK OF CIRCUIT COURT Afly EUECMC. TEUEMHOW- GAS ON OTHER PUBUIC UTIUTTY THE EVENT A CABLE 2973 SW 3RD TERRACE OKEECHOBEE. FLORIDA 34974 IN ACCORDANCE WITH CHAPTER 177.051 FLORIDA STATUTES, TM RAT WAS REVIEM FOR CONFORMANCE WITH CHAPTER 177. PART 1. FLORIDA STATUTM. TELEVISION COMPANY DAMAGES THE FACILITIES OF A PUIN.IC UTILITY, IT SMALL "OLE RANDOM CHECKS OF GEOMETRIC DATA SHOWN HEREON WERE PERFORMED. BE SOLELY RESPONSIBLE FOR THE DAVAGES. NO REPRESENTATION HAS BEEN MADE TO THE VERIFICATION OF THE DATA PIR1 SHOWN HEREON. .1.1MIN IN WITNESS WHEIW THE SAID CORPORATION HAS CAUSED THESE PRESENTS TO BE SIGNED BY ITS PRESIDENT AND ITS CORPORATE SFAL TO REVIEWED BY. P"NT NAME THIS DOCUMENT W063 PRCPARM IN THE OFMCES OF BE A"tKED HUM AND WITH 7HIE AUTHORITY OF SAID CORPORATION. THIS - MAY Of 2004. JAMES R. ALMOND, PSM AnTST-. um sm"m Nm*m COMLTmff WITNESS PRESIDENT 2073 SLIN. M TWUMCIC FLORIDA LICENSE NO. FLOINDA 34074-28" PhZ=1"M7-5700 I= (063) 467-6121 EXHIBIT 7 — MAY 18,2004 AGENDA Okeechobee Jaycees, Inc. P.O. Box 1476 Okeechobee, F1 34973-1476 April 29, 2004 City of Okeechobee 55 SE 3d Avenue Okeechobee, FL 34974 Dear City Council, The Okeechobee Jaycees are once more hard at work preparing for the 0 of July fireworks display. Without your generous contributions along with other businesses and citizens of Okeechobee, we would be unable to fund this traditional display of patriotism each year. The Okeechobee Jaycees are requesting $2,000.00 for this year's fireworks display, and we hope that you will again consider us - We thank you very much for your continued support. Respectfully Yours, Margaret Bowers President Okeechobee Jaycees "WE BELIEVE THAT SERVICE TO HUMANITY IS THE BEST WORK OF LIFE" 0 0 CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: May 13,2004 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. ADMINISTRATION GRIT — John Cook will present to the City Council during Executive Session AND GENERAL (following our regularly scheduled meeting) on May 18, a proposed settlement related SERVICES to the GRIT bankruptcy issue. Industrial Park — Bids for the construction of the lift station were opened on May 12. CAS had estimated the cost at $150,000. The lowest bid came in at approximately $137,000. This will come before the City Council for consideration on May 18. Officials from the City, CAS and the OUA met onsite with representatives from Ranger Construction on Monday, May 10 to discuss issues related to the commencement of construction. Its anticipated work will begin by Friday, May 14. We have received a signed contract and down payment from Federal Cast Stone for the purchase of approximately 20 acres in the industrial park. John Cook has prepared documents for the optional (first right of refusal) 10 acres. This contract will come before the City Council on May 18. Downtown Streetscape Project — Construction on the downtown project began on May 12. Donnie Robertson and Oscar Bermudez will be working closely with 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. OUA — On May 11, the OUA Board approved the Developer's Agreement with the City related to the industrial park. They tabled the issue of the odor treatment facility in the Southeast part of town, until their staff could propose a design that will work in the existing easement. PUBLIC WORKS CODE ENFORCEMENT FINANCE POLICE DEPARTMENT FIRE DEPARTMENT CITY COUNCIL Donnie Robertson's staff continues with their efforts related to modification of the 4'h Street boat ramp. A pre -construction meeting related to this year's street projects has been conducted with the contractor. It is planned that the Notice to Proceed will be issued early next week. The Code Enforcement Board has recommended that the City Council pursue civil judgments against Marvin Brantley and the Dasher heirs. Attorney Cook will be bringing this to the City Council on June 1. 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. City staff has made inquiries to the pension fund administrators as to why this is an annual problem and what possible solutions might be. The Police Department is keeping busy with routine items. Their change to 12-hour shifts seems to have been well received by staff and is reportedly working out quite favorably. Chief Tomey is preparing to vacate his position. A retirement party is planned for May 22. Battalion Chief Smith has moved significantly through the transition faze toward assuming the role of Fire Chief He 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. Council Member Watford will be recognized on June 26, 2004 in Orlando at the Florida Cities of Excellence Awards Banquet. This is a new program sponsored by the Florida League of Cities. He is being recognized for being an elected municipal official for 20 or more years. P� 40 CITY CLERK CITY ATTORNEY Wv� . V " 01 4W, Candidate packets are available to pre -file. There are two candidates to date. Qualifying week is Noon, August 16 through Noon, August 20, 2004. The Clerk will be out of the office June 14 — 16 attending the Annual City Clerk's Conference. Adriana and Kim will be covering the City Council meeting in her absence. After receiving "official"population counts from the Bureau of Census, the City is now at 5,452; the County is 31,784 for a total of 37,236. 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. Recommendations related to reversionary action in alley closings, etc. 4. Hamrick Trust — John is in discussion with the County Attorney on this matter. 5. Research annexation issues. 6. LDR issues, such as conversion of former residential structures to commercial and CBD site regulations. 7. Marvin Brantley's continuing situation. 8. Revisions to Appointed Board Member selection and retention criteria. 9. Ordinance related to the commencement of sitework and clearing. 3 TheiVeechobee News P.O. Box 6W, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- NOTICE OF CLOSED EXECUTIVE SESSION t I BY THE CITY COUNCIL ` : ment, being a ;,'CITY. OF,VKEECHOBEE,,.FLOFUOA� NOTICE 18 HEREBY GIVEN that the Okeechobee'City Council Will meet in Closed Executive Session to'dis- cusS'Pending administrabye, proceedings concerning GRIT nisarance Co�pan Y. The proposed Executive Session will be held on in the matter of Tuesday, May 18, 2004 immediately following the regulow meeting which begins at 6:00 p.m.,or as sban —t�r,u C�i v S(410 ers OPT, tc therofflAr.aS,I)OS - Cq Council Chamb- - R Hall; 206' obkebl, at,"City, Zkfi�Sduthqgsl VqV.A C', Okdd0hobfiejI4Id . a. The, I proposed discussion shall . be confined't�seftle. �ment ftegotiation or strategies relating to litigation Ox- pendittiii concerning pending litigation WM GRIT In. in the 19th Judicial District of the Circuit Court of Okeechobee surance;Gompany., County, Florida, was published in said newspaper in the issues of Notice Is hereby given that thdfollowing wlil be in at-' tendance: Mayor James E. Kirk, Council Members Noel Chandler, Lowry Markham, Dowling R. Watford, Jr. and Clayton, Williams, City Attorney John Coo,k., and City Administrator Bill Veach. A court reporter will be, resent to record the session and the transcript shall ge made part of thEt public Affiant further says that the said Okeechobee News is rFcord upon conclusion of the' litigation. a newspaper published at Okeechobee, in said Okeechobee 'AYJAM" E. KIRK, MAYOR — County, Florida, and that said newspaper has heretofore been L E GAMIOTEA, CITY CLERK published continuously in said Okeechobee County, Florida 469511 ON 5/14/04 each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, Finn or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in RECEIVEO the said newspaper. CAIA 120 AIA Y 1 7 2004 Sworn to �.d bscribe�efore me this 1A day of CL A.D. 20 C-�A 6) C5 tl-� /Z ) (�5 R. Brown Notary &blic, State of Flori a at La 118 ornm ssion 9DD272118 C Expires: Jan 17, 2008 13onded Thru Atlantic Bonding Co- 11"