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2009-01-20
CITY OF OKEECHOBEE JANUARY 20, 2009 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: January 20, 2009, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Revered Paul E. Jackson, Sr., International Prayer Warriors for Christ; Pledge of Allegiance led by the Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS. Mayor Kirk called the January 20, 2009 Regular City Council Meeting to order at 6:03 p.m. Invocation was offered by Revered Paul E. Jackson, Sr., International Prayer Warriors for Christ; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present (left at 7:16 p.m.) Present Present Present Present Absent PAGE 1 OF 10 243 A. Present a Service Award to J.P. Zeigler for 20 Years of Service. Ill Mayor Kirk presented a plaque to Mr. John Paul "JP" Zeigler in recognition of completing 20 years of continuous service with the City of Okeechobee, together with a longevity service bonus of two hundred fifty dollars ($250.00). 244 JANUARY 20, 2009 - REGULAR MEETING - PAGE 2 OF 10 V<; A w _ <. .: .z - }IS��0 NA TION V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 20, 2009 City Council Regular Meeting. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the December 2008 Warrant Register: General Fund ............................. $408,238.71 Public Facilities Improvement Fund ............ $122,840.49 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. Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the January 6, 2009 City Council Regular Meeting; seconded by Council Member O'Connor. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve the December 2008 Warrant Register in the amounts: General Fund, four hundred eight thousand, two hundred thirty-eight dollars and seventy-one cents ($408,238.71) and Public Facilities Improvement Fund, one hundred twenty-two thousand, eight hundred forty dollars and forty-nine cents ($122,840.49); seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral orwithdrawal of items on today's agenda? New Business item F was deleted. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:09 P.M. A.1. a) Motion to read by title only, proposed Ordinance No. 1036 regarding III Council Member Watford moved to read by title only, proposed Ordinance No.1036 regarding Non -Conforming Uses; Non -Conforming Uses - City Planning Consultant (Exhibit 1). seconded by Council Member Williams. b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. JANUARY 20, 2009 -REGULAR MEETING -PAGE 3 OF 10 245 AGENDA 000NCIL ACTION -DISCUS ION, V S OT E Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.1. c) City Attorney to read proposed Ordinance No. 1036 by title only 2. a) Motion to adopt proposed Ordinance No. 1036. b) Public comments and discussion. c) Vote on motion. Attorney Cook read proposed Ordinance No. 1036 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, ORDINANCE NO. 716 AS AMENDED, SECTIONS 90-35, 90-39 AND 90-40 THEREOF, WHICH SECTIONS REGULATE NONCONFORMING STRUCTURES AND THEIR USE; REQUIRING THAT UPON TRANSFER, EXTENSION OR REPAIR OF A NONCONFORMING USE, THAT OFF STREET PARKING REQUIREMENTS BE AMENDED TO PERMIT THE OWNER TO CONTINUE THE NUMBER OF EXISTING PARKING SPACES UNDER CERTAIN CIRCUMSTANCES; TO REQUIRE UPGRADING A PARKING LOT TO MINIMUM STANDARDS TO INCLUDE PAVERS; AND TO REQUIRE COMPLIANCE WITH CURRENT PARKING CODE REGULATIONS IF THE OWNER COMMENCES A NEW AND MORE I NTENS/ VE USE OF THE PROPERTY THAT WOULD INCREASE THE NUMBER OF REQUI RED PARKING OF SPACES; PROVIDING FOR CONFLICTS, SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 1036; seconded by Council Member O'Connor. This ordinance amends the Land Development Regulations regarding non -conforming uses, specifically addressing issues recently discussed among City and Planning Staff where parking problems are known to exist and there is vacant land on the property to accommodate at least some of the parking deficiency. In essence, this relaxes parking requirements when businesses do not change use, only owners. Mayor Kirk asked whether were there any questions or comments from the public? Mr. J.D. Mixon of Wilson and Associates, wanted to thank City Staff for the attention to this amendment, believing itwill enhance the City in growth. Council Member Watford added his appreciation as well to Staff, `eve know it will not solve all the problems. However, it will make it easier to change ownership without having to jump through all the hoops." VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B.1. a) Motion to read by title only, proposed Ordinance No. 1039 regarding Council Member Watford moved to read by title only, proposed Ordinance No.1039 regarding Petition No. 08-008-R, Petition No. 08-008-R, submitted by Colin M. Cameron, Esquire on submitted by Okeechobee County/ARC, rezoning all of Block 107 located at 403 Northwest 2n' Avenue, from CPO behalf of Okeechobee County ARC, rezoning 1.425 acres located at to PUB; seconded by Council Member Williams. 403 Northwest 2°d Avenue, Block 107, City of Okeechobee, from CPO to PUB - City Planning Consultant (Exhibit 4). 2 4 6 JANUARY 20, 2009 - REGULAR MEETING - PAGE 4 OF 10 :...,. - f a,- ...�......._. _r .._...-,� . ,; a>-� r.-:- F. � � _ ..._,F . ::�,, � .,,.. ,�.�;��_-::._ .��� �._�r,�x�=_`.,.__ . �z,, _. -.;.0 Clk C ION DISCUSSION _ N � T� - VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1.b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1039 by title only 2. a) Motion to adopt proposed Ordinance No. 1039. b) Public comments and discussion. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1039 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT TO PUBLIC FACILITIES (PUB) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 1039; seconded by Council Member Watford. Mr. Brisson responded to a few questions from the Council. The Planning Staff recommendation of approval is based on the findings listed in the report. The Planning Board is recommending approval, upon review at their December 18, 2008 meeting. The findings, which are explained with detailed supporting information within the Planning Staff report included in Exhibit Four are that the application is consistent with the Comprehensive Plan. Public Facilities are adequate for the development; and the application is compatible with adjacent and nearby land uses. The Council briefly heard from Attorney Colin Cameron who submitted the application. The property is owned by Okeechobee County. It has been leased to the Okeechobee Rehabilitation organization for 40 years. The building sustained damage from the 2004 and 2005 hurricanes causing the use of the property to cease for several months. The building has been re -built and in order for the organization to continue with the thrift store and other uses the zoning district needs to coordinate with the land use category. Mayor Kirk asked whether were there any questions or comments from the public? There were none. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. JANUARY 20, 2009 - REGULAR MEETING - PAGE 5 OF 10247 Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C.1. a) Motion to read by title only, proposed Ordinance No. 1040, Council Member Watford moved to read by title only, proposed Ordinance No. 1040 regarding Petition No. 08-011-R, regarding Petition No. 08-011-R, submitted by Muhammad submitted by Muhammad NooruddinlA.M.S.A. LLC, rezoning Lots 17 to 19 of Block 18 located at 111 Northeast 11t' Nooruddin, on behalf of property owners, A.M.S.A. LLC rezoning Street, from RMF to CPO; seconded by Council Member Williams. 0.488 acres located at 111 Northeast 11t`' Street, Block 18, City of Okeechobee, from RMF to CPO - City Planning Consultant (Exhibit 5). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1039 by title only. Attorney Cook read proposed Ordinance No. 1039 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAMILY(RMP) TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT; AMENDING THEZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 1040. 111 Council Member Markham moved to adopt proposed Ordinance No. 1040; seconded by Council Member O'Connor. b) Public comments and discussion. Mr. Brisson presented the petition to the Council along with the Planning Staff Report recommendation of approval based on the findings listed and Planning Board's unanimous recommendation of approval upon review at their December 18, 2008 meeting. The findings, which are explained with detailed supporting information within the Planning Staff report included in Exhibit Five are that the application is consistent with the Comprehensive Plan. Public Facilities are adequate for the development; and the application is compatible with adjacent and nearby land uses. Council denoted appreciation to the applicant for the utilization of the CPO District. Council noted their discussion at the first reading, this application changes the map back to a prior zoning. Mayor Kirk asked whether there were any questions or comments from the public? There were none. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. III MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:18 P.M. 248 JANUARY 20, 2009 - REGULAR MEETING - PAGE 6 OF 10 _ . - -G s CI .... _....��� IX. NEW BUSINESS. A. Consider approval of plans for a Butterfly Garden Project in Park No. 6, submitted by Okeechobee Main Street and the University of Florida Extension office - Dan Culbert. Maureen Burroughs of Okeechobee Main Street (OKMS) and Dan Culbert of the Florida Extension Office addressed the Council by explaining that OKMS received a $5,000.00 grant from Waste Management/Keep America Beautiful, for beautification purposes. Originally, the grant was earmarked for the Court House Park project. The grant money needs to be utilized before March, therefore, another project had to be found. OKMS approached Mr. Culbert, as the Council approved, on August 20, 2008, the continuation of the Public Education and Outreach Program between OF/IFSA Florida Yards and Neighborhoods and South Florida Water Management. Mr. Culbert displayed a large site plan of Park No.6, indicating the 4 sections of the proposed "colored" garden, with each end open for tree's to be planted. Four to six park benches would be purchased and installed around the tree's to encourage use of the garden, Mrs. Burroughs distributed an information sheet regarding the benches so Council could see the style, size and type of material. Administrator Whitehall noted that the garden would be set back from the "circle" approximately 25 feet. The 'white garden" is a trellis type garden. It was also noted that OKMS met with Hamrick Trust representatives regarding the project. Mr. Whitehall added that Park No. 6 does not have irrigation at this time. Although there are plans to add water to Parks 5 and 6, he asked, 'would we have to worry about over watering?" Mr. Culbert answered, we will work with Director Robertson on that, most likely they would propose a "leaking hose" for the area, something on a battery - operated timer would be sufficient, and it would only have to be used less than 6 months each year once the plants are established. However, sprinklers for grass watering would need to be adjusted so as not to water the garden. Council Member Watford moved to approve the plans for the Butterfly Garden Project in Park No. 6 as submitted by OKMS and University of Florida Extension Office; seconded by Council Member Williams. Mr. Lee Jolicoeur noted the project looked very nice. However, he expressed his concern over hindering the use of Park No. 6 by various organizations who utilize this park for festivals throughout the year. They use the circle as the main focal point. Mr. Culbert responded that overall, the garden is only using 10 percent of the park. The garden should enhance the festivals, as long as the plants are not stomped on when they are young. Council suggested to City Staff that temporary fencing might need to be installed until the plants are mature. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. JANUARY 20, 2009 - REGULAR MEETING -PAGE 7 OF 10 249 D = - COUNCIL ACTION- DISCUSSrON -VOTE. . IX. NEW BUSINESS CONTINUED. B. Motion to approve a Developers Agreement for a multi -family Council Member Watford moved to approve a Developers Agreement between Irving Haase of InSite Development residential project know as Southern Trace - City Attorney (Exhibit Group for a multi -family residential project known as "Southern Trace;" seconded by Council Member O'Connor. 4). A revised Exhibit Four was distributed prior to the meeting, dated 1/15/09, which is the draft being considered for approval. Following a lengthy discussion between the Council, Administrator Whitehall, Mr. Brisson and Project Engineer Steve Dobbs, the following amendments were made to the development agreement: Council Member Watford moved to amend page two, paragraph 7.a.(1l, of the Development Agreement, dated 1/15/09, with Irving Haase of InSite Development Group for a multi -family residential project known as "Southern Trace," to delete "within sixty days of the approval and complete execution of this Agreement;" second by Williams. The sentence will now read, "Prior to the issuance of building permits, the Developer shall pay to the City, a voluntary contribution in an amount equal to its 'fair share" of all costs associated with the installation of a traffic signal or other needed traffic control devices at the intersection of Northwest 9 h Street and US 441 (North Parrott Avenue)." VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED TO AMEND. Council Member Watford moved to amend page two, paragraph 7.a.(1) (b) i., of the Development Agreement, dated 1/15109, with Irving Haase of InSite Development Group for a multi -family residential project known as "Southern Trace," to add language for the installation of traffic signal and turn lanes at the intersection of Northwest 9tn Street and 9w Avenue; seconded by Council Member Williams. VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED TO AMEND. Council Member Watford moved to amend page three paragraph 7 a (1) (b) i fi 5] of the Development Agreement, dated 1/15/09, with Irving Haase of InSite Development Group for a multi -family residential project known as "Southern Trace," to add that a traffic study is to be completed, when deemed necessary by the City; seconded by Council Member Markham. 250-, JANUARY 20, 2009 - REGULAR MEETING - PAGE 8 OF 10 v -- AGENDA: : _. { ,. OUNCtL AC -- TION=-�tSE. SIOM=VOTE= - .l)S IX. NEW BUSINESS CONTINUED. B. Motion to approve a Developers Agreement for a multi -family residential project know as Southern Trace continued. VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED TO AMEND. VOTE ON MOTION AD AMENDED KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. C. Motion to approve an easement relating to the extension of Council Member Watford moved to approve an Easement with David and Anita Nunez, as the Grantor, for a utility and Northeast 2nd Street, now owned by David and Anita Nunez - City drainage easement along Northeast 2"d Street, (from 7' Avenue to Taylor Creek); seconded by Council Member Attorney (Exhibit 5). O'Connor. There was a brief discussion on this item. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. D. Consider Temporary Street Closings - City Clerk. 1. Okeechobee Main Street, Top of the Lake Art Festival, Council Member Watford moved to approve a temporary street closing submitted by Okeechobee Main Street, Top Southwest 4t' Avenue between North and South Park of the Lake Art Festival, Southwest 41n Avenue between North and South Park Streets, February 27 through March Streets, February 27 through March 1, 2009 (Exhibit 6). 1, 2009; seconded by Council Member Markham. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 2. Rylee's Hope, Inc Chili Cook -Off Fundraiser, Southwest 6t' Application withdrawn from agenda as street will be closed through the Chamber's request below. No official action Avenue, between North and South Park Streets, February taken. 7, 2009 (Exhibit 7). 11 3. Chamber of Commerce, Speckled Perch Festival, Council Member Watford moved to approve a temporary street closing submitted by Chamber of Commerce, Speckled Southwest 2"d, V, 4tn 5tn and 6tn Avenues, between North Perch Festival, Southwest 2"d, V, 4tt', 5tn and 6' Avenues, between North and South Park Streets, February 6 to 8, and South Park Streets, February 6 to 8, 2009 (Exhibit 8). 1 2009 seconded by Council Member O'Connor. JANUARY 20, 2009 - REGULAR MEETING - PAGE 9 OF 10251 AGENDA- F _-..= T. COUNCILACTION:-COUNCIL IX. NEW BUSINESS CONTINUED. D. 3. Chamber of Commerce, Speckled Perch Festival, VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA Southwest 2"d, 3`d, 4", 5' and 6t' Avenues, between North and South Park Streets, February 6 to 8, 2009 continued. WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 4. Chamber of Commerce, Chobee Spring Fiesta, Southwest Council Member Watford moved to approve a temporary street closing submitted by Chamber of Commerce, Chobee 2nd, V, 4"', 5" and 6tn Avenues, between North and South Spring Fiesta, Southwest 2nd, V 4th, 5t' and 6tt' Avenues, between North and South Park Streets, March 13 through Park Streets, March 13 through 15, 2009 (Exhibit 9). 15, 2009 seconded by Council Member O'Connor. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 5. Chamber of Commerce, Labor Day Festival, Southwest 2"d, Council Member Watford moved to approve a temporary street closing submitted by Chamber of Commerce, Labor 3`d, 4th, 5tn and 6tn Avenues, between North and South Park Day Festival, Southwest 2"d, 3`d, 4th, 5th and 6tn Avenues, between North and South Park Streets, September through Streets, September 4 through 7, 2009 (Exhibit 10). 7, 2009 seconded by Council Member O'Connor. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 6. Chamber of Commerce, Christmas Parade, Southwest 2"d, Council Member Watford moved to approve a temporary street closing submitted by Chamber of Commerce, 3`d, and 4' Avenues, between North and South Park Christmas Parade, Southwest 2"d, 3'd, and 4t' Avenues, between North and South Park Streets, December 12, 2009 Streets, December 12, 2009 (Exhibit 11). seconded by Council Member Williams. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 252 JANUARY 20, 2009 - REGULAR MEETING - PAGE 10 OF 10 IX. NEW BUSINESS CONTINUED. E. Motion to approve the 2009 Grievance Committee - City Clerk (Exhibit 12). F. Motion to adopt proposed Resolution No. 09-03 regarding the 2009 Okeechobee Delegation - City Administrator (Exhibit 13). X. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole pu of backup for official records of the Clerk. James E. Kirk, Mayor ATT T: du� Lane , amiotea, CIVIC, City Clerk .. 5 ;G C L ACTION"SDI � � �SSI" I�.._VOTE _ __. � .. � o. _ - OUN I S U A motion and second were made by Council Members Markham and Williams to approve the 2009 Grievance Committee as follows: DEPARTMENT REGULAR MEMBER ALTERNATE MEMBER Admin/Clerk/Fin/Gen Sery Melisa Eddings Sharon Allison Fire Billy Douglas Mitch Brydebell Police Bill Saum Skip Eddings Public Works Marvin Roberts Clint Gould VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Item was withdrawn from the agenda. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 7:43 p.m. The next regular' scheduled meeting is February 3, 2009 at 6:00 p.m. �IM DEPENDENT _ _ NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 (863) 763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, tint the attached copy of advertisement being a Olot( L N10 f r c '� in the matter of ► A -= Q.+ in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 7 —009 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continu- ously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. IK�� L Sw rn to and subscribed before me this 1. 0 day of AIL tary Public, State of Florid at Large O4p'�Y PGe� Janetta Thiboult Commission # DD505311 ",� o Expires January 10, 2010 9� � �� gonaed Troy Fain Irisiaante. Inc 110o-3&5-T019 CITY COUNCIL MEE7146 NOTICE. NOTICE IS HEREBY GRIM that fhe CittCouncil 4" City. of Okeechobee will meet in Regular Sess on.on Tuesday Odom y 20 2009, 6: Pjn. at City" Hag, 55 SE 3rd Ave, Rm 200, Okeechobee, Roddy." The public i0rivited and attend. A copyof the a soda will be available on ola website at VAmc chgGgE l pm or contact it trati Adminison at 863) 763.3372 x 212. PLEASE -TAKE NOTICE AND BE ADVISED that it( any person desires to appeal any decision made by the Ltity Council witD"respedt 10 arty maUer considered at,this meetlng, auch irderested person will need a record of the'proceedings'and,for . such purpose may need to ensure a.verbaafn rsc6N of the proceeding3 is made, which record klciudes the tosD'ry aoE adrknce upon which the appeal is to be based: 'City Clerk media are used fa the sole purpose of Dackip for ae Cldlfs Office: In accordance w th the Amedcans wgti DisabilitMs Act. AAA and Roddy StahAe 286.26, persons.with disBbllitles rare6rip special acc atron to par6coate in this -proceeding should:oordect lane ambtea,_ro later than two (2) wod. days our to the pr at 863-763-3372 x 2 If you are hearing or voice mpaired, call TDD 1.800- 5-8770 (Voice) of 1-800-g55 8771 by: James E. Kirk, Maayyor Lane Gamiotea, CMC, City Clerk Blement, General Services Coordinator 30Ceettttyy CON 1/16I09 , 0 0 City of Okeechobee SS SE 3'd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email. bwhitehcr/hu c*i,off)keec•hobee°c°om * * * * *Memorandum °a1p16�° DATE: January 20, 2009 TO: Mayor and City Council FR: City Administrator RE: Council Meeting Agenda Please remove the updated Resolution No 09-03 regarding the 2009 Legislative Delegation (the last item on the Agenda) from tonight's Agenda. IV. CITY OF OKEECHOBEE JAN UARY 20, 2009 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 10F 4 CALL TO ORDER - MAYOR: January 20, 2009, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Rev. Paul E. Jackson, Sr., International Prayer Warriors for Christ; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham ✓ Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams ,/ City Administrator Brian Whitehall City Attorney John R. Cook �/�/ 4 City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith V/ Public Works Director Donnie Robertson PRESENTATIONS AND PROCLAMATIONS. {V (a� %:/l A. Present a Service Award to J.P. Zeigler for Twenty Years of Service V. MINUTES - City Clerk. C�l 'r 11 �'��j�r� K �fl A. Motion to dispense with the reading and approve the Summary of Council Action for the January 6, 2009 City Council Regular Meeting. 1 0 VI. WARRANT REGISTER - City Administrator. A. Motion to approve the December 2008 Warrant Register. General Fund $408,238.71 Public Facilities $122,840.49 VII. AGENDA - Mayor. A. Re sts for the addition, deferral or withdrawal of items on today's agenda. a4z "tE - I~ VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a.) Motion to read by title only proposed Ordinance No. 1036 regarding Non -Conforming Uses - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. 0 c) City Attorney to read proposed Ordinance No. 1036 by title only. 2.a) Motion to adopt Ordinance No. 1036. b) Public comments and discu sion.`� I � LY(Xl I{ c) Vote on motion. < B.1.a) Motion to read by title only proposed Ordinance No. 1039 regarding Petition No. 08-008-R submitted by Colin M. Cameron, Esquire on behalf of Okeechobee County ARC, rezoning 1.425 acres located at 403 Northwest 2nd Avenue, Block 107, City of Okeechobee, from CPO to PUB - City Planning Consultant (Exhibit 2).(Planning Board is recommending approval) r b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1039 by title only. JANUARY 20, 2009 PAGE 2 OF 4 (l,-/T 0 0 JANUARY 20, 2009 PAGE 3 OF 4 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. b�V4 - (a '-4 B.2.a) Motion to adopt Ordinance No. 1039.'� b) Public comments and discussion.�1dw� G c) Vote on motion. (I�, IX. C.1.a) Motion to read by title only proposed Ordinance No. 1040 regarding Petition No. 08-011-R, submitted by Muhammad Nooruddin on behalf of property owner A.M.S.A. LLC, rezoning 0.488 acres located at 111 NE 111' Street, Block 108, City of Okeechobee, from RMF to CPO - City Planning Consultant (Exhibit 3). (Planning Board is recommending approval) b) Vote on motion to read by title only. i c) City Attorney to read proposed Ordinance No. 1040 by title only. 2.a Motion to adopt Ordinance No. 1040. + b) Public comments and discussion.,�,�-� �erQ j`� �� �✓� c) Vote on motion. C��h CLOSE PUBLIC HEARING. NEW BUSINESS. A. B. C. L �, Consider approval of plans for a Butterfly Garden Project in Park #6, submitted by Okeechobee Main Street and the University of Florida Extension Office - l`_ � _ ,� 4-x-�%° Dan Culbert 5 a.o / ELL) ��L" � �approjve `'1�� ������ '�N`�S-� �+.-�-�-� G�-u-r �"�L� �a U%�� l�, c-,�� �'�-- ��,/YxV7di t�i e "&_ta'0,/� d.fMotion elop�r's greement for a multi -fa ily residential project known as Southern�e - Attorney Cook Exhibit 4 . Motion to approv an Easement relating to the extension of NE 2nd Street, now owned by David and Anita Nunez - City Attorney (Exhibit 5). Motion to ap �ov an �66 0 0 xt'k h�, C�x CULL 1-116 kj"L,& a, 17 let k- C).1 x4m JI J"'j 6 0 0 9 ICJ JANUARY 20, 2009 PAGE 4 OF 4 IX. NEW BUSINESS CONTINUED. D. Consider Temporary Street Closings - City Clerk. 1. Okeecho�ee Main Street, Top Afthe Lake Art Festival, SW 4" Avenue between N & S Park Streets, 2/27/09-3/l/09 - (Exhibit 6). 2. Rylee's Hope Inc., Chili Cook -Off Fundraiser, SW 61h Avenue, between N & S Park Streets, 2/7/09 - (Exhibit 7). 104,114 3. Chamber of Commerce, Speckled Perch Festival, SW 2-6 Ave ues, between N & S Park Streets, 2/6/09-2/8/09 - (Exhibit 8). 4. Chamber of Commerce Chobee Spring Fiesta, SW 2-6 Avenues, between N & S Park Streets, 3/13/09-3/15/09 - (Exhibit 9). (0 ��LU�1 �t � - 0 itiL Li . 5. Chamber of Commerce, Labor Day Festival, SW 2-6 Avenues, betyveen N & S Park Streets, 9/4/09-9/7/09 - (Exhibit 10). 6. Chamber of Commerce, CFiristmas Parade, SW 2- th Avenues, between S Park Streets, 12/12/09 - (Exhibit 11). � 0 , .-` . E. Motion to approve the 2009 Grievance Co itttee - C(' Cl rk (Exhibit 12). M F. Motion to adopt Resolution No. 09-03 regarding the 2009 Okeechobee Delegation -City Administrator (Exhibit 13). X. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. 0 0 N so qqv-66' JAN 6 -157 JZEA0 - EXHIBIT NO. 3 JAN 20 - FINAL - EXHIBIT NO. I _ ORDINANCE NO. 1036 AN ORDINANCE OFTHE CITY OF OKEECHOBEE, FLORIDAAMENDING LAND DEVELOPMENT REGULATIONS, ORDINANCE NO. 716 AS AMENDED, SECTIONS 90-35, 90-39 AND 90-40 THEREOF, WHICH SECTIONS REGULATE NONCONFORMING STRUCTURES AND THEIR USE; REQUIRING THAT UPON TRANSFER, EXTENSION OR REPAIR OF A NONCONFORMING STRUCTURE, THAT OFF STREET PARKING REQUIREMENTS BE AMENDED TO PERMIT THE OWNER TO CONTINUE THE NUMBER OF EXISTING PARKING SPACES UNDER CERTAIN CIRCUMSTANCES; TO REQUIRE UPGRADING A PARKING LOT TO MINIMUM STANDARDS, BUT LESS THAN FULL COMPLIANCE, WITH THE CODE, UNDER CERTAIN CIRCUMSTANCES; AND TO REQUIRE COMPLIANCE WITH CURRENT PARKING CODE REGULATIONS IF THE OWNER COMMENCES A NEW AND MORE INTENSIVE USE OF THE PROPERTY THAT WOULD INCREASE THE NUMBER OF REQUIRED PARKING OF SPACES; PROVIDING FOR CONFLICTS, SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida strives to upgrade commercial properties located with the City upon change of use or ownership, thereby improving the properties and providing a more uniform and aesthetic look to the City; and WHEREAS, due to certain constraints existing on commercial properties due to the size of the structures, set back encroachments and configuration of the land, full compliance with all current building codes is not always possible; and WHEREAS, the City seeks to promote increased commercial development in the City, and to not require business owners or tenants to rigidly comply with every code where to do so is beyond the ability of the owners; and WHEREAS, the most difficult code section to comply with upon transfer of ownership or use of commercial property has proven to be off-street parking requirements; and WHEREAS, this ordinance will amend certain parking requirements to meet both the goals of the City to improve commercial properties, and of the business owner or tenant to conduct a trade within the City in an economically feasible manner. NOW, THEREFORE, IT IS ORDAINED before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting, deliberation and public discussion, and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief president Officer for the City; approves and adopts the following amendments to Chapter 90, of the Land Development Regulations: SECTION 1. THAT ARTICLE II NONCONFORMITIES, Land Development Regulations, shall be amended in the following respects: Sec. 90-35(d). Transfer of a nonconforming structure. In the event of the underlying land on which exists a nonconforming structure is sold, assigned or in any manner transferred from the record title holder of said lands, as such ownership if is reflected in the records of the Clerk of Court, and Property Appraiser for Okeechobee County, such nonconforming structure may continue in the new owner, so long as the land is not a nonconforming use, and the nonconforming structure is not expanded or repaired except as authorized in these regulations. The transfer of such nonconforming Language to be added is underlined Language to be deleted is struck tl,r,augh Ordinance No. 1036 - Page 1 of 3 structure is further subject to the requirement that the new owner must comply, to the extent reasonably possible, considering the nature and configuration of the structure, with all current codes, land use and zoning requirements except off-street parking requirements of the district regulations applicable to the structure. Provided however; That, if by physical evidence such as photographs or aerial photography, it becomes evident to the City that portions of the property have been used for off-street parking but are unpaved or unimproved, unmarked or otherwise do not meet the City's design requirements for such parking the owner shall improve the quality of such area (or its dimensional equivalent) with "pavers" or other form of dustless surface acceptable to the City for the purposes of vehicular parking. The number of spaces to be provided shall be equal to that which can be accommodated within the geographic area previously used for parking with said spaces and interior circulation components meeting the City's minimum design requirements for off- street parking and vehicular use areas. That, as a result of the operation of the business on the site the City determines that parking has been or is occurring off -site in a manner that is detrimental to the health, safety and welfare of its residents or has detrimental effects upon the economic well-being of the surrounding nonresidential area, and that there is adequate vacant land on the site to accommodate some or all of the required off-street parking for the business the owner of the property shall provide to the extent reasonably possible the number and type of off-street parking required in the LDC. Q That, if the use of the grogerty or structure under the new owner is different from the prior use such that application of Section 90-512 Space regulations. results in a greater number of off-street parking spaces being required than the number of off-street parking spaces required of the prior owner and use the new owner shall provide parking facilities in complete conformance with the Land Development Reaulations as if the use were entirely new. Section 90-39(a). Extension of nonconforming structure. A nonconforming structure may be enlarged, improved, or be brought up to current codes without concern as to whether the existing nonconformity deals with lack of off-street parking, or on -site water retention, excessive floor area, height or landscaping, as may be otherwise required of a new structure in these regulations, so long as such development does not create a nonconforming use in that district; does not create a new nonconformity as to property line set -backs; and would not cause or create a significant impact as to drainage; or parkig-and off-street loading requirements. Provided, however, that if the enlaraement or improvement, because of application of the provisions of Section 90-512, Space regulations, results in a greater number of off-street parking spaces being required than the number of off-street parking spaces required before the improvement the owner shall provide parking facilities in complete conformance with the Land Development Regulations as if the use were entirely new. Section 90-40(a). Repair or reconstruction of nonconforming structure or use. A nonconforming structure may be maintained, repaired or altered, without concern as to whether the existing nonconformity deals with lack of off-street parking, or on site water retention, excessive floor area, height or landscaping, so long as such repair does not create a new nonconforming use in that district; does not create new or additional nonconformity as to property line set -backs; height, or floor area, and would not create a significant impact as to drainage, or parking and off-street loading Language to be added is underlined Language to be deleted is struck through Ordinance No. 1036 - Page 2 of 3 requirements. Provided however that if the repair or alteration, because of application of the provisions of Section 90-512 Space regulations. results in a cheater number of off-street parking spaces being required than the number of off-street parking spaces required before the improvement, the owner shall provide parking facilities in complete conformance with the Land Development Regulations as if the use were entirely new. SECTION 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. SEVERABILITY. If any provision or portion of this ordinances is declared by any court of competent jurisdiction to be void, unconstitutional, unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 4. EFFECTIVE DATE. This ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 61h day of January, 2009. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 20th day of January, 2009. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language to be added is underlined Language to be deleted is struek through Ordinance No. 1036 - Page 3 of 3 LARU ftpINNING & MANAGEME RVICES, Inc. 1375 Jackson Street, Suite 27W Fort Myers, Florida 33901-2845 239-334-3366 - FAX: 239-334-6384 MEMORANDUM DATE: October 24, 2008 TO: City Council FROM: Bill Brisson RE: Treatment of nonconforming parking when a business changes hands Some have recently expressed concern that, given the current economic situation, requiring a business that is nonconforming to the off-street parking requirements to bring parking up to code when there is a change in ownership may inhibit the continued operation of those uses and adversely affect the economy of the City. We present our thoughts and suggestions on this issue in the following discussion. Summary of the existing situation The City defines a nonconforming structure as follows: "Nonconforming structure means a lawful building or structure... which does not conform to the yard, setback, coverage, height, parking, lands- caping or supplementary regulations of the district in which it is located."[emphasis added] Section 90-35 (d) contains the following provision which applies to a change in ownership of a nonconforming structure: "In the event the underlying land on which exists a nonconforming structure is sold... such nonconforming structure may continue in the new owner, so long as the land is not a nonconforming use, and the nonconforming structure is not expanded or repaired except as authorized in these regulations. The transfer of such nonconforming structure is further subject to the requirement that the new owner must comply, to the extent reasonably possible, considering the nature and configuration of the structure, with all current codes, land use and zoning requirements of the district regulations applicable to the structure." We have found that "reasonably possible" or a similar phrase used in other communities is usually interpreted to mean that the owner need not: a. reduce the size of the building to meet coverage requirements; b. move a building to meet setback requirements; C. reduce the height of the building to meet height limitations; or, d. modify the size or,location of any structures or buildings to provide parking, or to provide parking where it is not physically possible or safe. However, if it is possible to fit some or all of the parking necessary to meet the code, the new owner is required to do so. Apparently there has been at least one such instance of this and possibly more. Parking is generally the only item that, if ithe cos"reasonably sonts the salepossible" to improve the situation, and the business is lost to the entails any significant cost and sometimes prevents community. Comments Need to provide additional parking spaces. While not rare, it is not common practice to require that a lack of parking be corrected when a property changes ownership and there is no change in the use or structure that increases the need for off-street parking. In our experience, we have found that most communities "grandfather" the lack a pre-existing legally nonconforming shortage of off-street parking and the new owner is allowed to continue operating in the same manner as had the previous owner. Sections 90-39 and 90-40, allow for enlargement and alteration of a nonconforming structure, including one which has a lack of required off-street parking, so long as the improvement "would not create a significant impact as to drainage, or parking and loading requirements." It would seem reasonable to assume that, if one could expand or improve a nonconforming structure with- out requiring the number of off-street parking spaces to be brought up to code, a mere change in ownership would be treated similarly. We do, however, suggest that in any case, where a building is expanded or the use is changed such that the number of required off-street parking spaces is increased, the owner should be required to provide additional parking. There are two approaches to this situation that are typically employed. 1. The new owner is required to provide new spaces to cover the parking calculated to be associated with the expansion of the building or the change in the use. This approach prevent parking situation from getting worse, but does nothing to resolve an existing shortage. 2 *a 2, The new owner is required to bring the business entirely up to code with regard to the number of spaces required, in the same manner as would be applied if the business were entirely new. Recommendation of the Planning Board After considerable discussion, the Planning Board recommended that when a business that is nonconforming to the City's off-street parking requirements changes ownership, as long as the change does not result in an increased need for parking, the new owner may continue to operate without providing additional parking spaces. However, the Board included in its recommenda- tion that if unpaved area(s) of the site were being used for parking prior to the change in owner- ship, the new owner should be required to improve the quality of the parking area to at least "paver" quality," but would not be required to increase the number of spaces to meet the code. In addition, The Board recommended any time a building is expanded or the use of a property is changed that results in the need for an increase in parking over that required before the expansion or change, the owner should be required to bring the entire parking area into conformance with the City's requirements for off-street parking, both in number and quality. Recommendations We agree with the Planning Board's recommendations and offer the following proposed changes to the Land Development Regulations to implement these recommendations: Modify Section 90-35 (d) to read as follows: "(d) Transfer of a nonconforming structure. In the event the underlying land on which exists a nonconforming structure is sold, assigned or in any manner transferred from the record title holder of said lands, as such ownership if is reflected in the records of the Clerk of Court and Property Appraiser of Okeechobee County, such nonconforming structure may continue in the new owner, so long as the land is not a nonconforming use, and the nonconforming structure is not expanded or repaired except as authorized in these regulations. The transfer of such nonconforming structure is further subject to the requirement that the new owner must comply, to the extent reasonably possible, considering the nature and configuration of the structure, with all current codes, land use and zoning require- ments._92 n off-street parkin requirements of the district regulations applicable to the structure. Provided however (1) That, if by physical evidence, portions of the property have been used for off-street parking but are unpaved or unimproved, unmarked or otherwise do not meet the City's design requirements for such parking, the owner shall improve the quality of such area (or its equivalent) to at least "paver" quality. The number of spaces to be provided shall be equal to that which can be accommodated within the geographic area previously used for parking with said spaces and interior circulation components meeting the City 9s minimum design requirements for off-street parking and vehicular use areas. (1) That if the use of the roe or structure under the new owner is different from the prior use such that application of Section 90-512, Space regulations, results in a greater number of off-street parking spaces being required than the number of off-street parking spaces required of the prior owner and use the new owner shall provide parking facilities in complete conformance with the Land Development Regulations as if the use were entirely new. 2. Modify Section 90-39 (a) to read as follows: "(a) Extension of nonconforming structure. A nonconforming structure may be enlarged, improved, or be brought up to current codes without concern as to whether the existing nonconformity deals with lack of off-street parking, or on -site water retention, excessive floor area, height or landscaping, as may be otherwise required of a new structure in these regulations, so long as such development does not create a nonconforming use in that district; does not create a new nonconformity as to prop- erty line set -backs; and would not cause or create a significant impact as to drainage, e"afking and off-street loading requirements. Provided however, that if the enlargement or improvement, because of application of the provisions of Section 90- 512 Space regulations results in a greater number of off-street parking spaces being required than the number of off-street parking spaces required before the improve- ment, the owner shall provide parking facilities in complete conformance with the Land Development Regulations as if the use were entirely new. 3. Modify Section 90-40 (a) to read as follows: "(a) Repair of nonconforming structure. A nonconforming structure may be main- tained, repaired or altered, without concern as to whether the existing nonconformity deals with lack of off-street parking, or on site water retention, excessive floor area, height or landscaping, so long as such repair does not create a new nonconforming use in that district; does not create new or additional nonconformity as to property line set -backs; height, or floor area, and would not create a significant impact as to drainage=n==b and off-street loading requirements. Provided however, that if the re air or alteration because of a lication of the provisions of Section 90-512 Space regulations results in a greater number of off-street parking spaces being required than the number of off-street parking spaces required before the improve- ment the owner shall provide 12arking facilities in complete conformance with the Land Development Regulations as if the use were entirely new. 0 VII. NEW BUSINESS CONTINUED. B.1. c) City Attorney to read proposed Ordinance No. 1033 by title only 2. a) Motion to approve the first reading proposed Ordinance No. 1033. b) Discussion. c) Vote on motion. C. Discuss LDR Amendment for Sec. 90-35(d), Nonconforming parking (when a business changes hands) - City Planning Consultant (Exhibit 3). ITEM ADDED: D. Discuss the Revised Gross Table Values for 2008-09 Fiscal Year and Additional Homestead Exemption for persons 65 and older - City Administrator (Exhibit 4). NOVEMBER 4, 2008 • REGULAR MEETING - PAGE 5 OF 6 2 G 3' Attomey Cook read proposed Ordinance No. 1033 by title only as follows: "AN ORDINANCE OF THE CITY OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM INDUSTRIAL REZONING, , DISTRICT TO RESIDENTIAL SINGLE FAMILY -ONE (RSF,1) ZONING ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYRICT; AMENDING THE ZONING MAI ANDDISTRICT, EFFECTIVE DATE." Council Member Markham moved to approve the first reading proposed Ordinance No. 1033; seconded by Counci Member C. Williams. City Planning Consultant, Mr. Bill Brisson addressed the Council by briefly reviewing the Planning Staff Report. They are recommending approval of the rezoning as well as the Planning Board. It was noted that the Future Land Use as well as the existing use of the property is single family. The owner is trying to re -finance the property, the bank will not approve the re -financing since the zoning is different and causes a non -conforming use. Mayor Pro-Tem Watford asked whether there were any comments or questions from the public or the applicant? There were none. ------------- !(IRK -ABSENT VOTE MARKHAM C. WILLIAMS - YEA -YEA L. •ABSENT WATFORD - YEA WILLIAMSLLIA MOTION CARRIED. Atthe IastPlanning Board meeting, a proposed Land Development Regulation (LDR) amendmentwas discussed. Both Planning Staff and the Planning Board are recommending the City Council approve the amendment. It is regarding non -conforming uses and structures, especially regarding parking. Mr. Brisson reviewed the current code requirements and how this has negatively impacted businesses when they change ownership but not the use. He also gave examples of how other municipalities and counties regulations are regarding this issue. Mr. J.D. Mixon, a real estate appraiser and real estate agent addressed the Council in favor of the amendment. The consensus of the Council was to instruct affornOY Cook to draft the approlDriate ordinance and present for first reading 18 meeting. Administrator Whitehall yielded the floor to Accounts Supervisor Riedel who distributed two memorandums. The first explaining that the property values provided during the public workshop and public hearings was $336,770,710.00. However, the amended Certified Final Taxable Value was presented in October with a taxable value of $338,824,415.00. Using the 97 percent rule for budgetary purposes this would generate $13,433.00 additional ad valorem tax for Fiscal Year 2008-09. IV. NEW BUSINESS. Consider and discuss recommending to City Council to amend LDR' Sec. 90-194(2)d))confinued. Consider and discuss recommendation to City Council to amend LDR's Sec. 90-35(d) - Planning Consultant. 2008 PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS • PAGE 5 of T Chair Maxwell asked whether there were comments from the Board. After lengthy discussion Board Member Burroughs moved to recommend to City Council to leave the current migratory housing guide lines under LDR Sec. 9o• 194(2)0 in place due, to the fact the City is focused on economic development of the community, and this curronNy gives the person that comes in that wants to put a migratory facility an opportunity to do so, it long as It is under the legal guidelines of the State of Florida; seconded by Board Member O'Connor. MAXWELL-YEA VOTE BURROUGHS•YEA HOOVER -YEA KELLER-YEA MORGAN•YEA TORRES- YEA MCCOY-ABSENT O'CONNOR-YEA MOTION CARRIED, Mr. Brisson presented the Planning Staff report stating the City was having some difficulty with businesses that are non- conforming, sold and cannotobtain a Business Tax Receipt,(BTR) due to the issues surrounding the non -conformities, even If the use remains the same, When the property changes hands they are required to come into conformance as much as reasonably and practically possible. Usually reasonable and practically is not difficult when it comes to landscaping or other minor requirements, but the City almost always has issues with parking. Apparently this has squashed some sales, basically the enterprise was lost to the community, therefore we were asked to review the regulations for modificatbn. There are three ways to do this:1. If someone sells a business to someone else and there is non -conforming parking, and nothing about the current business changes, no additional parking required, the business would be allow to continue. This Is a common approach to non -conformity. Not all communities do this, but it is fairly common. 2. To allow someone, when they have a change in ownership and a change In the nature of the business and more parking Is required, require only the parking space addition required by the change or expansion. 3, Any change of use that requires additional parking would require the new owner to bring up to code the parking that they were lacking before plus what they need now. The Board questioned, what is change defined as? Mr. Brisson answered, if it is a commercial use that has same square feet and sameebuilding, but requires more parking, like office to restaurant, it will require more parking. Also if they expand the building, I. D, Mixon, 1358 NE 501 Court, addressed the Board stating this LDR has caused a loss of new business in the City. He sited Object 12 of the Comprehensive Plan. Mr. Brisson pointed out this has no relationship to the LDR and this particular ssue, Mr. Mixon suggested the code needs to be clarified. IV. NEW BUSINESS CONTINUED. Consider and discuss recommending to City Council to amend LDR'S II Sec. 90-35(d )continued. Consider any additional requests for amendments to the City's Lan Development Regulations • Chairperson. OCTOBER 23, 2006 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS • PAGE 6 OF 7 ose icknoRoseJr., On 5SE 30P a business that has virtually no parkirkway confirmed !having ng, purchasefficulty din004, nor with city cane sell, dung the e to the parking issue, ng ir. s ue. rcknowledg 9 kttomey Cook suggested the Planning Board and the City Council hold a workshop on this issue. The Board discussed in ength all pertinent issues of Sec. 90-35. Member Burroughs made a motion to recommend City Council to modify Sec. 90.35 as Mr. Brisso- has outlined in his memorandumtthe Planning the parking to as dated October standards;15, 2008 vdth exception to place seconded by Member Hoover.nto the motion the need to bdng up the Chair Maxwell asked whether there was additional discussion from the Board? There was none. VOTE HOOVER•YEA KELLER•YEA MAXWELL•YEA IANYEA TORRES-YEA BURROUGHS • YEA MORGMORG MOTION CARRIED. MCCOY•ABSENT N••YEA Chair Maxwell asked whether there was additional discussion from the Board? There was none. Board Member Burroughs made motion to recommend to City Council to amend Sec. 90.35 to, if you have a building that ard non -conforming e maer In which the changeoing w s tm de;nge secotIn any nded by BoardrMemberrking Hoovmust be brought up to stand HOOVER•YEA KELLER•YEA MAXWELL•YEA TORRES•YEA BURROUGHS • YEA MORGMORG NAN•YEA YEA MOTION CARRIED. MCCOY•ABSENT i I There were no additional proposed amendments to the LDR's submitted so so LARuE PLANNING & MANAGEMENT SERVICES, InC. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 • FAX: 239-334-6384 MEMORANDUM DATE: December 29, 2008 TO: Brian Whitehall FROM: Bill Brisson RE: Explanation of Ordinance 1036 as now proposed. During the November 18'' City Council meeting we discussed proposed revisions to the Land Development Regulations pertaining to situations where a business, which is nonconforming to the off-street parking requirements, is sold and under what circumstances improvements to the parking situation would be required. Ordinance 1036 has been prepared to address the consensus arrived at during the meeting. Based on our recent discussion, we have also addressed the situation where a parking problem is known to exist and there is vacant land on the property to accommodate at least some of the parking deficiency. The following brief explanations of the effects of this proposed ordinance may be helpful. There are two basic situations covered by the ordinance when a business that is deficient in parking is sold. (1) When the operation of the business by the new owner results in the same off-street parking requirement as the current business there are three possible scenarios: A. If the use to be undertaken by the new owner is the same or the equivalent to that under the former owner, and there is no increase in the amount of parking required, and no area of the site has been previously used for parking, the new owner may con- tinue to operate on the property without the need to remedy the parking deficiency. The property will be considered legally nonconforming as to the City's off-street parking requirements. B. If there is evidence that the existing business has been using portions of the property for informal parking, but the parking area has not been improved to the standards required in the Land Development Regulations, the owner must improve the area having been used for parking in a manner that is acceptable to the City for vehicular parking purposes. N N C. If the City determines that the deficiency in parking has been adversely affecting the City's residents or the surrounding nonresidential area, the new owner must meet the City's parking requirements to the extent reasonably possible. "Reasonably possible" is intended to mean that the amount of parking to be provided will be limited to that which can be accommodated without the owner modifying the size or location of any structures or buildings to provide parking, and he/she would not be required to provide parking where it is not physically possible or it would be unsafe. (2) When the operation of the business by the new owner results in an increased parking requirement, either because the business is expanded or the new use has a different parking requirement under Sec. 90-512 of the LDRs, the new owner must provide parking in complete conformance with the City's requirements just as if it were an entirely new use. kDEP ENT _ _ 00 a NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 k863) 763-3134 J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a huL"- [it t_- po-H c.--e— in the matter of N) % C 41 C (CEL_ in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 7X_0_v� L') &--i- � "'7`0 Affiant furt er says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continu- ously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. f wd to and subscribed before me this day of AD fary Public, State of Florid at Large otP�Y P`e, Janetta Thiboult :Commission # DD505311 o Expires January 10, 2010 9 pF �� Bontletl Troy Fain kisurance. Inc 800.385-7019 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeecpobee, Roma VAN l'on Tuesday, Jarplary 20, 2009 at 6:60 p.m: or as soon,tfcereaiter possible, at City Hall, 55 SE W Ave. Okeechobee,.R conduct a PUBLIC HEARINGpn and thereafter to consider final rea ing 0 the followelgg Ordinance into law: No.1ON. AN QRDI; NANCE OF THE CITY OF OKEECNOBEE FLORIDA AMENDING LAND DEVELOP" MENT REGULATIONS, ORDINANCE: N0. 716 AS AMENDED,. SECTIONS 90 35, 90.39 AND 90.40 TNEREOf, WHICN SECTIONS REGULATE NONCONFORMING STRUCTURES AND THEIR USE; REQUIRING TRAT UPON.TRANSFERI EJ(TENSIGN OR REPAIROF A NONCONFORMING USE, THAT OFF STREET PARKING REQUIRE- MENTS BE AMENDED To PERMIT THE OWNER TO CONTINUE THE NUMBER OF EXISTING PARKING SPACES UNDER'CERTAIN CIRCUMSTANCES; TO no UPGRADING A PARKING LOT TO MINIMUM STANDARDS 70 INCLUDE PAVERS; AND TO REQUIRE COMPLIANCE WITH CURRENT PARKING.:CODE REGULATIONS IF THE OWNER COMMENCES ANEW AND MORE,INTENSIVE.USE OF THE PROP- ERTY THAT WOULD INCREASE THE'NUMBER OF REQUIRED PARKING OF SPAC- ES; , PROVIDING FOR CONFLICTS, SEVERABILRY; PROVIDING FOR AN EFFECTIVE DATE. AN members of the public are encouraged to attend and p pate In said head The proposed Ordinance may be inspected in ils entirety by members of the pprr c n the Office of the CIty Clerk during regular business fours, Mon-Fn, Bam4l:30p�m, except for holidays. I LEASE TAKE NOTICE AND BE ADVISED IN I arty person desires to appeal any decision made by the City Council with respect to arry matter cor4cldered at this hearing, such interested person wiN rheed a record of the proceedings, and for such lwrpose may need to ensure a verbafim record of topoceerNngs Is made, which record irncludes the tes0morry wind evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for offictal recoms of the Clerk In accord with the Amencans with DisabNity Act (ADA) and. Hodda Shabdes 286.26, persons wiNh disabiNNes needing speeial accomrtiodafion to participate In this proceeding shoultl contact Lane Ganiiolea no later than two j2) working days poor to The proceeding al 863-763-3372 x215 d hcearing:gr voice impaired, call TDD 1.800 955 B770 (voice or 1.800 955 8771 (TTY). ' Lana Garrote, arr otea, CMC, Cff�CLERK 3085510N 1/9709 JAN 6T" - FIRST REA0 - EXHIBIT NO.� JAN 20T" - FINAL - EXHIBIT NO. a - ORDINANCE NO. 1039 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 COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICTTO PUBLIC FACILITIES (PUB) 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 No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Colin M. Cameron, Esquire, on behalf of Okeechobee County ARC, and the property more particularly described hereafter, has heretofore filed Petition No. 08- 008-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 1.425 acre(s) from Public Facilities (PUB) to Commercial Professional Office (CPO) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on December 18, 2008, and submitted by staff report, which determined such petition(s) to be consistent with the Comprehensive Plan and is appropriate with the zoning uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and hereby finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 7 TO 12 INCLUSIVE AND THE SOUTH 47 FEET OF LOTS 1 TO 6 INCLUSIVE AND THE ALLEY LYING IN SAID BLOCK 107, CITY OF OKEECHOBEE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property (1.425 acres) zoning classification to be changed from Public Facilities (PUB) Zoning District to Commercial Professional Office (CPO) Zoning District. Ordinance No. 1039 Page 1 of 2 SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading public hearing on this 6" day of January 2009. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after First Public Hearing this 201h day of Januarv, 2009. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1039 Page 2 of 2 Oity of Okeecho ee ate: 11JU 10 PetitionNo. 08-008-R General Services Depart Fee Paid: . C urisdiction: ,� C 55 S.E. 3'� Avenue, Room 1S1 Hearing: I p, I J 9 "dHearing: ( �� Okeechobee, Florida 39974-2903 publication Date : Phone: (863) 763-3372, ext. 218 Notices Mailed: Name of property owner(s): Okeechobee County c/o Cassels and McCall 74a Owner mailing address: 403 NW 2nd Street .Okeechobee, FL 34972 Name of applicant(s) if other than owner ARC/ Okeechobee Rehabilitation Applicant mailing address: c/o 200 NE 4th Ave Okeechobee, FL 34972 a -mail address: atorlst@okeechobee.com 5 Name of contact person (state relationship): Colin M. Cameron 6 6 1 Contact person daytime phone(s): 863-763-8600 Property address/directions to property: 117 403 2nd Ave Okeechobee, FL 34972 Describe current use of property: 8 ARC/ Okeechobee Rehabilitation Facility Describe improvements on property (number/type buildings, dwelling units, occupied or vacant, etc. 9 1 Building occupied with Administration, Office Classrooms, Storage and Thrift Store. 10 Approx. acreage: 1.425 Is property in.a platted subdivision? No Is there a use on the property that is/was in violation of a city or county ordinance? If so, describe: 11 1 Thrift Store.as part of educational facilities 12 1 Is a pending sale of the property subject to this application being granted? No Describe uses on adjoining property to the North: . 13 North. Business Office East: Drug Store + Residence Church Fulford Appraisal, Wright Dental South: West: Off ice, Harvin 71aw >of i-ee and _ :Vaca t Hous 14 Existing zoning: CPo Future Land Use classification P U 15 Request is for: (X) Rezone., (_?�J Special Exception (_) Variance as applicabl 16 Parcel Identification Number: 3-15-37-35-0010-01070-0070 17 I Applicant's statement of interest in property 99- year lease dated July 23, 1992 Revised 7/08 Page 1 of 10 on -re �a le a p Featic - RezoningSpecial Exception: , - riance: ; all plus $30/acre Y=eviously paid 18 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges - When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the appHcation, the applicant shall pay the actual costs. 19 Last recorded warranty deed previously provided 20 Notarized letter of consent form property owner (if applicant is different from property owner) previously provided Three property surveys (one no larger than 11" x 17") containing: previously provide 21 a. certified boundary survey, date of survey, surveyor's name, address and phone number ( ) b. Legal description ( ) c. Computation of total acreage to nearest tenth of an acre ( ) List of surrounding property owners with addresses and location sketch of the subject 22 property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) previously provided 23 Affidavit attesting to completeness and correctness of the list (attached) previously pro, rided 23 Current zoning classification: C PC) Requested zoning classification () (4 8 What is the desired permitted use and intended nature of activities and development of the 24 property? To continue existing teaching facility for disabled citizens by allowing use of a Thrift Store as a teaching and educE tion program. Is a Special Exception necessary for your intended use? 25 We do not believe so Is a Variance necessary for your intended use? 26 We do not believe so Applicant's materials addressing required findings for granting a rezoning (attach). 27 r28 rDescribethe Special Exception sought: Identical to all previous uses, i.e., operation of administrative offices, classroom facilit es to assist in training, education and gainful employmen of persons with disabilities, including nursery and retai training. Are there similar uses in the area? If so, describe them: only to the extent of "on the job" training by local businesses for new employees 29 One Stop Career Center is a few blocks away. If a business , briefly describe the nature of the business, # of employees, hours of operation and any activities to be conducted outside of a building: 30 Providing an educational and job training progran. to persons with disabilities. Revised 7/08 Page 2 of 10 1131 1 Applicant's materials lei sing standards for granting a special ern (attach) 32 I Applicant's materials addressing findings required for granting a special exception (attach) Describe the Special Exception sought: Continued use of the property for the public purpose of conducting training and educational programs for 33 persons with disabilities. Describe the physical characteristics of the property that make the variance necessary. 34 1 None known Did you cause or contribute to the characteristic necessitating the variance? If so, describe: 35 I No What is the minimum variance necessary? 36 Allow continued use for public purpose of providing training and educational programs for persons with disabilities 37 Applicant's materials addressing standards for granting a variance (attach) 38 1 Applicant's materials addressing findings required for granting a variance (attach) 39 I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may resulting the summary denial of this application. Signature Printed Name Date 6zlw A e�Az",r I 1/4a fy Revised 7/08 Page 3 of 10 FINwP^=S REQUIRED FOR GRANTING A CkF'7-'%NING OR .GE INLAND DEVELOPMENT RE .-.nONS (Sec. 70-340, page CD70:16 in the LDRs) It is the Applicant's responsibility to convince the Planning Board/BOA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. Revised 7/08 Page 4 of 10 qoof Okeechobee Planning Depa&t 55 SE 3rd. Ayenue; Oheeehobm FL 34974 Phone (941) 7+63-3373 Fax (941) 763-IL686 LAND USE POWER OF ATTORNEY Sine 0fPr.opajyOWner(s : Okeechobee County c o Cassels and McCall Mailing Address: EfiDme Telephone: 400 NW.2nd Street, Okeechobee, FL 34972=4106 N/A WorkTele hone: 863-763-3131 Property Address: 403 NW 2nd Street Okeechobee FL 34972 parcel Tax IDNumber . 3-15'-37-35-0010-01070-0.070 amp of Applicant.' Okeechobee Rehabilitation Faci-lit ,. Inc ome Telephone. N/A WOTkTdqh0w863-763-2419 Undersigned, being the record title o-wner(s) of the real property desc&ed above, do hereby it unto the Applicant stated above the roll right.an power of attorney -to Malm application to. City of okeecbobee to change the land use of said property. This land use cbang+e may include wing of the property, the granting of special exceptions or variances, and appeals of decWons he Planning Department. It is understood, tbat conditions, limitations and restrictions may be ;ed upon the use or operation of the property. l&statments upon .application or in any hearing r result in the termination of any special exception or variance and a proceeding to rezone the perty to the original classificatiou- This power of attorney may be terminated only by a written notarized statement of such termination effective upon receipt by the Planning Department_ . WHEREOF THE UNDERSIGNED HAVE SET TAEIR HANDS AND SEALS DAY OF X1/ n n 77� ei5i G�/'Grie f Gbvrf Or�eC16 bee � dr++`(/ 8o�.^d G'ou,I� 7�4A-RoIJ �o3Er�-T5�1,1�.C��k �yrr:�ri�netJ li / m me the tmdersigned auihorkypersmally appearedthe owmer(s) named above wb being duly n acknowledged before me tlratdw are the owmr(s) of the real. prop A above and that oxwatedthepower_ of atto ney fortbe purpose stated therein. and sabsc abed this day 19 SEAL Notary Public Okeechobee County Pro Appraiser - Map Printed on 10/2/2008 1 :19:03 AM Page 1 of 1 Okeechobee County Property Appraiser 44 37* +$o- ti. W.C. "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 (PARCEL: 3-15-37-35-0010-01070-0070 03 -COUNTY c0086001 CITY OF OKEECHOBEE LOTS 7 TO 12 INC & S 47 FT OF LOTS 1 TO 6 INC & ALLEY LYING Name: OKEECHOBEE COUNTY LandVal $260,5 Site: 403 NW 2ND AVE, OKEECHOBEE BldgVal $167,1 Mail: ApprVal $427,7 00000 JustVal $427,7 Sales Assd $427,7 Info Exmpt $427,7 Taxable Thic inf--tinn 1 mt 11 4-.-A nH nNl N W_ E way wvllVieu uy me UKeecnooee Gounty Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http://Www.okeechobeepa.com/GIS/Print Map.asp?pjboiibchhjbnligeafccjfhojiaehdomhlo... 10/2/2008 N w n O tt zn m W m 0 rt (D R. 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H �-3 K hi ni ni V-1 ni ni '' 1 ' l rl I 0 r r+rrrrrrr I $ w w w w w w w w w 1 0 It, ,a a c a c A A f W w It, tQ O OOOcl BAN O I ro CD m O O I--' F- Ln O I JC J O O N N (" O I CO OOO CP(n CO O I . � w BOO 41 303 CO.qNTY DEED Application No ....... 1..•93.................. DeedNo. ................ 2.Q..0............ ............. UNDER CHAPTER, .194, FLORIDA, STATUTES 1941 Okeechobee COUNTY;.FLOR.IDA.. This deed inade thia.....•..la.�k,�...:,.da of ......:.......A1?r.il ` Y ........ .....• :....:........:A. D. 194....,.E .., by the .County of 0 Fha?�ee...........•... State of Florida; party of the first part a•nd. .�.....H.,...•.r�aulersona as `rruste of the OkeechobeeMemorial ;Hospital party of the second part, WITNESSETH:. That the Said party. of the, first* part for and in consideration of the sunr of (s....•,•.5O,.••Q0 ;••) . Fifty •u -. PV O - .Dollars to it in hand paid by the party of .the second part, -the receipt whereof is Hereby acknowledged, has granted, bargained and sold, unto the party of -the second. Part, his heirs and assigns forever, the following described land,.to-witi lying and being. in .the County of Okeechobee, &tate of Florida: ............ .... .......... .......:......... Lute 1 to 9 inc. and 11 and 12 I31k 1Q7, City o Okeeohobee, .. .......•..... .. .... ........../. accord n to plat 'thereof filed and re'oor.ded in the office of the Clerk of the Circuit Court in and for Okeechobee County, State of Florida.:.....' ..........:.. C0m, ?ly .'-.. ,.:• ��. �tiw�, IN TESTIMQNY WHEREOF; and by virtue of the authority vested by law ' ^f ♦� 4the.Boa,rd of County Commissioners; and -for and: on* behalf of the zY y k c • bee State of Florida, we,. the under .����. �% Count of.:.....:•.Q,.• �..,k�.o signed, as members of. the Board of County. Commissioners for the v ,U XICIAL SF+�t k, County and State aforesaid have executed this deed and have there- ?/.'�+.,;.,...•�'':q� •t�' into set our official signatures and seals, attested by the Clerk of the �., Circuit Court for said County;. this the ;...•................6:...1 ..., ..,..................day of Allay ........ .................. , A. D. 94•..°f?,.... . J EAL) Signed, sealed and delivered in the presence of : ' Member Boar : County Cotnmissio era ,� 1 rMr+^ .......�a�.......... ........ C`.-Lt' "7........•...... . (SEA ) Member C lssi s embe Boa County m oner '. ' SEAL) Me oard>.County.Co loners a A/TTE.ST:, s .... -4,�' ,. (SEAL) Mem 8' j Clerk Circuit' Court S�,Rrd ounty tip nissignere . ......... Oi eechobee County, Florida•.•(SEAL. ..... .,. J R!Iemgex . oalp.County Comriilo gorier s , 42 x •fir tar r � �:.:.. _..... ..w _•. � xb�a�..JE' d, ...t.�:,,�....�s.a� ....�.. .. :. .. _.,_., ..... .. ...into. —J COUNTY OF._..Qke_aohAbB_eL—__-DEED NO.._233-EDD STATE OF .FLORIDA THROUGH THE TRUSTEES OF..'THP INTERNAL. IMPROVEMENT FUND OF THE STATE OF-,FLORIDA, GRANTOR (1) .To H....:H._.RRuleraon..as.Tpus!?e.e...>.:,.k.echoiz.e-e_:.-idainezrial_.I�p.sgi:.ira7...._.:-.._•,...-._ ut the City County of..-::.... -Qk-a—GL o_b_a ____,.State of:.Flor.ida., GRANTEE 117ITNESSETII WHEREAS, in pursuance of provislons.of Section'9 of Chapter 18296, Laws of Florida, Acts of 1.937, title to . the lands: hereinafter described vested.in the State,of Florida, and the said State by said Section of said Chal)ter is authprized ,and empoivere.d to sell said lands through the Trustees of the Internal Improvement Fund of the .State of Florida; and i.2) 1V E1OREAS, pursuant to NOTICE duly given by said Trustees of the Internal. Iniptovenrent Fund, the land rvrerrr.ct to by the. Certificates hereinafter described was offered .for sale on the...1_5 dav iic the Cuuuty'of._Qke.e.ti1: obee.. ; and bids were received, and the said:Trustees having accepted the highest and lwstbid fdr said land; and having. awarded the sale of the said land to the person making such bid. said iri moll being tho GRANTEE herein named; Therefore, (w) 1,; ` 0%%.' _\JJ, )J ',N Ry. THESE PRESENTS: That the State of Florida,. through the Trustees of the Internal Improvujnent Fund of the State of Florida, under authority- of Section 9 of Chapter 18296, Laws of Florida, 4ctfi . f.1:Jd7. for and in consideration of the amount of _...T@ill__ aCid_:�(Q./lOQ_:--.. r.....�_..-....e...-_..DOLLARS (� 10. 00' ? to them in hand paid, the receipt of which is hereby :acknowledged, have granted, bargained ;urd sc lti. and by these presents do grant; bargain, sell and convey.allof the right, title and interest of the Mute. Of Floi•icin arising out of said -Section 9 of Chapter 1829.6, unto the said GRANTEE,11I.SmX, successors ;!.Isi s:,-iirci ici and to tij.e following described land, situate, lying and being in the County of__Q.keRChob_e..e,' °,t.atu of. Florida; as referred to, identified and described by State. and County tax sale certificates to -wit: (,1) Nn Date DESCRIPTION Sec: Tp. Rg;. Ac. ARec d c 91.7 1930 Lot 10, Block: 107; Qi.ty' of Okeechobee 5..00 5935 X933 .. , 92+5 193Q Lots 7 and $, Blook 124j .Cityr of Okeechobee 5.00 6U'19 1933 # 5d.yyY (5) :.kS TO ALL LANDS; there is reserved unto the State ofFlorida the title to an undivided one lialf of all petro- leum and petroleum products, and title to an undivided three fourths of all other minerals which may be found on or under the said Kind, together with the privilege outside anv muicipality, t11is date, to explore for and to rnine and develop same. Said privilege to explore, mine and develop is to be conducted on and under lands• inside any. municipality, .this date, only with the consent of the surface owner. i0) A8 'fU ALL LANDS outside of any municipality, as of this date..the're is reserved unto the State of Florida an easement for state .road right of why, tNvb hundred feet (200) feet wide, lving equally On each side of the center line of an•v state road existing on the date of this deed throug•h,so rnireh of any parcel herein described as is within one hundred (100) feet of said center line. (7) TO HAVE IAND: TO HOLD the above ranted and described hreinises unto the said GRANTEE, .and -11A...... jM successors -and assigns forever, all in pursuance of Section 9 of Chapter 18296 aforesaid. '(8) IN TESTIMONY. WHEREOF the said Trustegs of the Internal Itnyrovement Fund of the. State of Florida have . . •lereunto subkribed their names andaHixe the official seal of said Trustees, and have caused the seal of the Department of. Agriculture of the State of:, Florida to be hereunto affixed,. at` the Capitol, ..in. the City of Tallahassee, on this the MAY 13 1946 ( S7CA'1'�� OF FLORIDA T3I':. (SEAL) j TRCBTGES'INTERNAL (SEAL) VIRNORiMpliOVEBIENT FUND ....---.•-•--•--- .COMPTROLLER (SEAL) ...TREASURER (SEAL) . _ATTORNEY (SEAL) (SEAL) � �— GENERAL ' DEPARTMENT OF L. __COMMISSIONER (SEAL) AGRICiLTURE - ,.. f OF AGRICULTURE As and Comppsujir the TRUSTEES 6.P TRE.QQJMRNAL IMPROVEMENT FUND OF THE STATE 6P-F.L QRIDA. BOCK : `i_r1 PAGE':a c BOARD'. OF :COMMISSIONERS OF EVERGLADES DRAINAGE DISTRICT DEED No.___i3tt tl----- WHLRLASj the title to the land hereinafter described bee.artte vested in the grantor under and by cirture Of Section 63, Chapter 14717,'Laws of 'Florida, Acts of 1934as .re-enacted by Sectiuu 8, Chapter 20658, Laws of Florida, i\us of 1941, or Sectiop 15 (i), Cliapler'20658, Laws of Florida, Acts of 1941, by virture of tax sale certificates or tax liens for diverglades Drainage District taxes, as hereinafter described. and, \VHERCAS, the provisions of Section 67, Chapter'1g717, Latvs.of Florida, Acts of 1931, as autcnded by S.ectiou 11, Chapter 2U658, Laws of Florida, Acts of 1941,:,vith reference to the manner of selling said land, have been cooijilied with, NOW, THEItf'FORE. KNOW ALL MEN BY THESE PRESENTS:.That the Board of Coninlis- sioue'rs of. Lverglades Drainage District fur and in consideratiau of the sum of $___Qn2_i__aJ_4fieIl____ GeI1tf3 -.: - _•- - - - - _ llollats to it ill .hand paid, the receipt whereof is hcrrhy a knotvledged,�has granted bargained and sold, and by these presents dues granl,,bargaiu, sell and . coi1%, v3&;L----- _Hosital - - -- (f ...- - ._Qkes.c3�ub�__.,-- ------------- - County, ------1ox.-:i.cla--- the follotcucg described Lutd; situate, lying and being iu------ _0>:teL'1 2b�t?L.---..__.:__._ - ---- Cuunly; Florida, to -wit: - -- - --------- 619-193o 3062-1J41 1265-1942 Lot.. 10, j lk. 107, City of 01ceec,:.obee 631-1930 3151-1941 P1343-1942, Lots 7 and &, .Blk: .124, City of Okeechobee Subject to road'rights,of tray and'easeuleuts existing oil the date of this deed. A7,1outs and?Ca taxes Subject .t.a' 13t�on�fe�hat3tLg p3�3ClYt7tl3C:i?CYX.. i� TO HAVL,.AND TO HOLD the above granted and described. premises uula the said grantee and•his heirs, successors' and "Signs forever, .The following reservations' shall not apply If the property,hereinabove described is in area one acre or less fhe grantor dues not "ll and: convey but hereby expressly reserves for itself, its slicee„ors acid mssign< fifty percent of .all, of the nil,, gas'and 'other minerals and iiihicral eights. whether metallic or n"iruebdlic; 'tcliich it now.Own.-, in, ou and' -under the surface of the lauds described herein, with the perpetual right of ingres, and c9ress.to and front 'said land for the purpose of drilling, exploring mud mining and in eN.cr)• tv,cy ollerccting fur such minerals and rentaving the same. Saving, and reserving utilo the said Board of Commissioners of I!:verglade, I)rain,tpe District, mtcd its ess succors, -Hie right at any time to enter upon the said lands and stake or cause fit be cuade, or, ecroslrurled thereon, such casuals, sluice -ways, (likes and other works as may ill tile judgment of said J.1 1, or its surces. sors, be necessary and needful for the drainage ur reclamatim, of any of the lands in the lverglades Drainag.c District, and to take froul.the said lands hereby conveyed and to use such gravel, stone ur earth as may, in the. judgment of the Board, or its successorsi, be necessary to use illthe making and construction of said Canals, cuts, sluice -ways, dikes and other works upon said lauds for the purposes aforesaid: And further saving alld 'reserving unto the said. Board, amf its successors, the right lu the exclusive Possession, occupation, use and enjoyment of a strip of land running across tale above described premises,'uue hundred thirty feet (13(P) on each side of the center line of any c:uial,:cut, stoics -way qr' dike that has been or nay be made and constructed un said land by said Board. of Commissioners of Everglades Drainage District, or its successors, for the purposes aforesaid, and the exclusive rigllf to take, use, dispose and enjoy any timber, earth, stone, rock or gravel lying' in and uliqu_said strip of land,' 1N WITNESS WHEREOF, the Board of Cominlssiuuers of Everglades Drainage District has caused these presents to be signed mill its panic by its Chairuiatt, altest�d by its Secretary, mud its corporate seal to £;F (;e hereunto aELxed; at West :P lnt .t3.eacb, Yahrt Beach Canityt Florida, this -------- tta 7� ^� QF, (►'f�xt"�---forty-six ------------dmy ---- A. D. Nineteen Hundred °' BOARDrO C. TI$SIONERS OF EVERGLADES r Iry r ,t ; t n to i\tte { , .. �j,y n /ll AIN E DI,STRICT, y 44 �C� *_S etar------------- BYJ-/ - - --------- C , , Chalruian --------------- - -,.��Faw6+n`�'.aiarl4Aifsiiuire;fs:ivti"�Si;?-f"1fA:':ft��'t�{:se�vGr�f'h��Srttr+�'.?r,r::e•'�, ... .., BOARDOFCO.MMISSIQN.ERS QF EVERGLADES DRAINAGE DISTRICT Ba�`r DEED 'No. .._.1_.4_ \\'fl l I21 :\a. Ili" title to the land hdieitia(Le,r described lu`t;uf!rreslcd ill' tilt: • ftiiu;,r undcraild by :ir rc+4.ion tI.;. t:Intpwr 14YI7, l.:aiv I,( li,ritla, Acts I,f,1931.':fs rc>vitat li•<I he :arclitin. R. !'ital ut r. 1lriiN, I.:, r: i.l•it,ri"II. A. of 14-11; „r `iccliou l5. ii), LhupLer 20638, I.aws*of Plnt•ida, :\Cts of IV41 by.'i ttliv vi r•L� iir u, ni La., lien. itir I'Veig adr< 1')l ain:igr I,i:arict hvr,,hvtftvr d�••e ribcrl. �in•I; \1'll I..N.I .\:. tit, I'r:.riait,n• f .";left nl Id. Olaplcr I.lil'" I'.ae + of I:hni,Lt, .1"I.; :.i 1`.r.:l• .I kill, a:L 11•. ,i•n Ili t'haf,hr I'aw.Ptorida• Art. "f hf•11, v:ith lelcrtul;c t" ?lip. •.natun,•r •( .e11ioR a'•2 hwil to v b. c❑ i,:nlplir l kvi!If, 1\'..'I'lllr:kl•:INakF.'KN W A4.I, \'li;V Ii1' 'I;LIh.SIs I'KLtiI:�'I�: 'lll.rt'lih: I;u,tl'd Of t;•.I:rni.. L-nrr• vi Pvvr a;vlc'•: Ur;tin:i g,•' Dktriet ii-.r'itn it caII itlo,altuu "of the :•ull, •,i tV7� C6I)t& •• s •k •• � •• ••• "' , I'li,llar_ t, ;t ili ittutd !•,h: tl: I � . hrr: by , rk;n a lt,i r,l, line 1a:1u!r,l, biu',q:lincd and .+old, in I' bk alit•. !n., ,t t, i:.; . ; r,';L. i:ar, :n: ,i•11•". Illli,J l• '.t�� LeauJ.9'Z'"J 4�I1. aa rll u8 te.e .f'o7 LOS.1 :Lt ta1.' ( 11.0 [. Ci-iobyt3 C; 'Oat N�Ol jd7.' :i:' li•!I••ainp d-,'!br.l Lind; Illlrov. lying :unl iwitig in lI�E�C _ !JU.'t3.. . 1'>. i 1eC?i. l 1. Co. !7,r i.'r J '? 1C^8C'::.:C?eCi ✓y r `J .1.26 01 IIt2 I-v�tS 7ilial.j , ,_•_!.i: � J, 1`!a ].i7`+ Oi Okeechobee 1/ dint ' .1 L..l�., lf:)'l, �.tY ?1 ArFJt3Cl:'liihoe, .. F, '�'^ ✓..:� lei i:J 266-1':kl`r.: . �:.I"y L1 .ir�id 1.r.,,.._.; air, :! 17, I:i✓if T,':�C i).1ceecho.b0 1601-.1..9..2 ? .. -?�I,7 ..11i:<e} ,..'1t�=71t1!•;t: t�� i;.�...�.' 11�,•`'. F':S-'t;j7 t��' U?Ck''�C:J'140E�t3.•. 315, .»1.941 ; ]:;a �,-11ti' . I,ots I.t)gl' 11 azld: 12,.,' L>1,�. 1�, �'t t�... raj ('1{e ec'1.o1�B0 :•nl, ti •a'.I,, r ,all n:ht: n( tt:iy''.and cast lnetih C.�i ttJh w] life ,Isle ,;d tlti• rli d: al ciutstanding valid: tAX: q. t•,t;,n ,.. I, • !�1!flea?1:7!]7fi�G�ilJ}ti](t3t�.7CIXt�><S>?[�(Ya]f�C3'uri•AEI?(t7GxuiW�2tiF�it�i�t�l�ti:>�xx . I'I, II'\\ -I: \dill TII IC0)CL),Itic a))ovc prauh•tI and dc•ivribcil hrc'nu<r= wilt the s•u,.l ...,,:nc: n:ki !„> If, ir.-. >tfn!e: 4 and a; -inn< . ful -yur. .. k nrtbuy c dk•.ri�tt k..i , .. , ,, I hire • („ :ks in:• t c>rl k,ilii,u, >hall n+.,t .apply ,lf [lit 1. n 1 u . I It. 1 tt t 1'hc grahl,u d,:o, nit „Ii ,nil I:enrey till( hrlkl) l'xpn ly r, iv \t lor. list , <t• ni,r,.•':• .lu:l a-,i_n<, ilily pertoul :,('all •�i.lht. r.11, p:i find.t1thei ntiur!•dk and.unukt tl rylu ,;ulirlhcr :nl tllllii ,lr n,lnlurtallil ykifith Inir :,kin.. ifi, nt :ind'undcl•,(h attar" of till, do nd,c•d b;irenr, y%tflt Iltc.ivrpelnal nphl of ing,t .lud ,rc.. h, un+l fit-ill-tillIn,id tui'.Yhr l,ull.i.,k• of di-Milip, :�l lulus., ld II!Iimig :fn:l ill every w.ly opy lilting f:'r u,i Iiliny r;f l:• .ind rt;nit,ynl tilt: >ttlttt'. auto tilt- >:.tid Holm] kf LU,IIIIIIh:Jl111k-is I I;.r{'t glade; I?t nnape I4,ulcl. old ll< t Ili,. ri!.bl :•I Illy bait' In tlitt•r ul to tILC :till I:Ittd .nitl .ivakc nr r.lu.r t„ he Innd,', n' ,'"' uuctrtl I , rr .I, .uCh ntll bm •:k;n ilk"; ;nnl , thar \k,ala a. ucly 'in Ihr judgun'nl tif ud: Board. rr it, surer<. •in•,, u. h, urrt,"I y nud. uco,lftif' I, I. lie III nnu;c. t-r I�rrf;uuelll n of an" of Ihr l:uul. ill the Iik•crgladrs Itrdn tIl I?i:.tlirr, and It, Llkc Ir,nn the +gill land ,belly r„ovcycil and lulus" ;urlrgra cl, SWIle'or atrtira•: Inay in thr b;m,nl -if the Itnard. „tj it >urrl:ss,It". bc'ui'ross:uy Iti n.+c ill t11 In:ikiup aml ronslruCtion (if 'aid C:urnl<: itn kuG. :luire-yeay3, dike< au+l'kn,cr yytu'.1:= 11poll said land• fill-. 11w pltlposys ❑furl=aid. \nd I'urllikr a\iu .,u,d rksat\'ing salt, thg said Board and it Ilee"ssllr,s1 Il,c right it, Ihr rN,:1Ii rec S:wll. otrupaliult, u•" and vhjoyll cal of a' Strip of Jand tunni g.au,,.,; the above dr,e r,i,r,l In cirri-cs, ,,no htnlllrei!. tltir(y fv0 IJ U') oll rile, side f tilt crnt"rtinc f ill), uallal, call, dlflll'e-\\:ly' tit- ,like' that has brkn or only be maile;tukl cousil-Il d till said 1:1114,j :laid Vourd of C011111 siotters t,i ICyt'rplLI s Itrtivagy District. or it, .-urrrssurs; for the purposes aforesaid, and lhc, i.�elusi\•e right: 'w take., Ilse, tlisLost - attd rajoy .ally thnbrr. urflll, sl,mc,.roel „r pr vvi ISillg in mid upoa.said strip of laud'. IN \\'I'l'\I?ti5 1\'Il1.R.i.001r, flip IJwirtl'nf t:onnuissiuncr,v of 1;vci•gladc Drailloge Ili.,uicl 11•IP call"d Ihr>c pry enls lei be sigljc(I ill ils nanic.by its 0mirulwl, atleslcd by its Seeretary, and its .ror!.wiat" s"Ill to 2nd lay be Ilercultltt ail'ixed, at \I'cal 6'sitn. llctach, Palm LIC;Lclf l:utnlly l?lor.ida, tllis._..... . font -six k ff. :\..1),:.Ninctetn [Iuud>td HARD OF C0A11vI1S510N RS 01 a,�\ucst ,RAIN GE DISTRICT, 1 • l Chairman •..1 ccreta y- - - - --- c =v 2 0 0 Z ca ca E E a) En 7 Q U ti C) 00 O LW- Z c 0 .Q n a d L L 3 ca •O a) E E coi y U C a) ca C C co 0 as as m _ a) m U u) C ca C d N > n N C C O N L y c n m E � U `o U 0 U- E .9 N d C m ca Lu O) r L Z 0 U �ca N CD d _O O a) � n 0 2 a N (D E E U 0 Z c a) E U O m a) 2 U .L] a a) CD C C a) n O co a3 ca U c ca a) S U a a) v U) O U 3N m U m L U m (D S U d a) 0 u cd CD N 0 4=*, n 0 n rn c Cc 7 C U C 3 0 N O a) o. 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CD C O C S � 0- �+a .<CD S 0C) CL m < m 0 00 -1C7 3CA O z C. CD a v S g O ID 3 m 2 ;< �< s a a a CD Z o CT a c D 3' �to � ZT O �co C �� 3 f v a N' v s 0 0 C L 0 = CD 3 cn 3 n 7 Cn CD •II M 7 C. so 1375 JaaccicsSn Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Applicant: ARC of Okeechobee Petition No. 08-008 R From: CPO To: PUB Staff Report Applicant: ARC of Okeechobee Rezoning Request Petition No.: 08-008-R General Information x0' �w� a u. ' off. h � A = i � '"^.k Applicant Address: c/o 200 NE 2"d Avenue Okeechobee, FL 34972 Contact Person: Colin M. Cameron, Esq. Existing Proposed Zoning District CPO PUB Acreage 1.425 acres 1.425 acres Location: 403 NW 2"d Avenue Legal Description: CITY OF OKEECHOBEE LOTS 7 TO 12 INC & S 47 FT OF LOTS 1 TO 6 INC & ALLEY LYING IN SAID BLOCK 107 Description of the Request The matter before the Local Planning Agency and City Council is an application for an amendment to rezone the property from CPO to PUB to reinstitute a nonprofit rehabilitation and educational training facility with administrative offices, classrooms, storage, thrift store, and possibly outside activities such as employment training in gardening and nursery skills. The property is owned by Okeechobee County and leased to the ARC of Okeechobee. (ARC stands for Association of Retarded Citizens). These activities had been undertaken in the past under the current CPO zoning, which is inconsistent with the current Future Land Use Designation of Public. Since these would have been considered nonconforming uses in the CPO district, the Applicant is seeking to rezone the property to PUB to accommodate what is commonly considered a public or semi-public type of use. F_ , i.i_ J C7 Staff Report Rezoning Request Zoning District: Existing Land Use: Applicant: ARC of Okeechobee Petition No.: 08-008-R CHV Office and drugstore „. AN� fi �`'�'` a, Ya.�x. ti _ .. ua e g �� W ,.W 7. West: Future Land Use Map Classification: Single -Family Zoning District: Existing Land Use: Analysis: CPO Office and single-family Section 70-340 sets forth the following criteria to be considered in acting upon a petition to rezone property. The Applicant has not submitted any statements addressing these criteria. Following are Staff comments 1. The proposed use is not contrary to Comprehensive Plan requirements. By rezoning to PUB, the zoning of the subject property will be consistent with the Future Land Use designation applied to the property. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The Applicant has indicated that the uses to be associated with the property will be the same as previously undertaken, including the operation of administrative offices, classrooms for education of handicapped and disadvantaged persons, including training in nursery and retail operations such as growing and selling plants tended by the handicapped and disadvantaged persons, the making of and sale of crafts by handicapped and disadvantaged persons and retail sales of donated items. The principal purpose of the facility is to provide education in basic life skills and job training for persons with disabilities. Since the property is owned by the County and leased to a nonprofit entity providing what is generally considered a public service, the Staff is of the opinion that the uses proposed qualify as being allowable in the PUB district. It is not uncommon for charitable organizations to be permitted 061 Staff Report Rezoning Request Applicant: ARC of Okeechobee Petition No.: 08-008-R to located in public land use and zoning districts and undertake a variety of activities, including thrift stores and other ancillary commercial type activities which provide both income to the facility and job skills training for its clients 3. The proposed use will not have an adverse effect on the public interest. Neither the uses proposed by. the Applicant nor other uses allowed in the PUB zoning district are expected to have no adverse effect on the public interest. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The requested PUB zoning and the uses proposed are reasonably compatible with the commercial and public zoning and commercial uses to the east and west and church to the south. The activities to be undertaken are to be essentially the same as had been undertaken in the past. 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. PUB zoning at this location is not expected to adversely affect property values or living conditions. While there is one single-family home to the northwest across NW 3`d Avenue, all other uses in the immediate area are nonresidential in nature. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. Staff believes nearby properties can be adequately buffered, if necessary, from any nuisance factors that may be associated with the uses proposed to be undertaken. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Density will not be an issue for the subject property. The impact on utility services such as water and sewer were not shown by the applicant, but are not expected to vary significantly from that which might be associated with a use allowed in the CPO district if the Future Land Use designation were changed to Commercial. Similarly, traffic impacts associated with the proposed use under the CPO zoning are not expected to have any significant impact on the area. N Staff Report Rezoning Request Applicant: ARC of Okeechobee Petition No.: 08-008-R 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Given sound drainage and stormwater management one would not expect flooding or drainage problems. It appears that the Applicant will need to provide appropriate off-street parking on the site, and this may require some on -site drainage improvements as well. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions on the property are those which are the standards prescribed by the Land Development Code and the Comprehensive Plan. Recommendation: Based on the foregoing analysis, Staff recommends approval of the request to rezone the property from CPO to PUB. Submitted by: James G. LaRue, AICP December 9, 2008 Planning Board hearing: December 18, 2008 Council Hearing: January 6, 2009 Attachments: Future Land Use Map Zoning Map County Property Appraiser's Aerial 4 Staff Report Applicant: ARC of Okeechobee Rezoning Request Petition No.: 08-008-R FUTURE LAND USE ARC OF OKEECHOBEE SITE AND EWRONS WXTISINGLE- FAM Y 1(} 1>� Felt j - fWME3tCWL PUBM FACILITIES Staff Report Rezoning Request Applicant: ARC of Okeechobee Petition No.: 08-008-R ZONING ARC OF OKEECHOBEE SITE AND EMMARONS 2 i 4:m j f I _f r < 5 8 Y I ' � � t C2 Wa 55�a j,� t e� rh i F � Y ,,, Okeechobee County Property Appraiser vJ.G "Bill" Sherman. CFA- Okeechobee, Florida - 863-753-4422 -eNDEPM -NEWSPAPERS OKEECHOBEE NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W.17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a J0I`( C- WI+iCle - r in the matter of C < in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in —s�a-idd newspaper in the issues of �✓� V Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continu- ously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. or and subscribed before me this day of _�-+nA1=.L Lary Public, State of Floridaat Large O�P'aY PU6� Janetta Thiboult commission # DD505311 �T o Expires January 10, 2010 9�l q,� Bonded Troy Fain insurance. inc 80D385.7019 U`vt (863) 763-3134 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida will on Tuesday, January 20, 2009 M 6:00 p.m. or as soon thereafter, possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on and thereafter to consider final rea0nnpp of the following Ordinance into law: NO.1039: AN ORDI- NANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDNNG'THE OFFICIAL ZON- ING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFESSIONAL OF- FICE ZONING DISTRICT; AMEN�IN� THE ZONING MAP T ACCORDINGLY; PROo PUBLIC DIN FOR CONFLICTS, SEVERABILTTY AND AN EFFECTIVE DATE The Ordnance is regarding Hezord Petition No. 08-008-R, submitted by Colin Cameron, on behalf of property owne70 Okeechobee County/ARC. The petition is to change >he zoning' district from Commercial Professional Office (CPO) to Public Fac wi (PUB) for properly, located at 403 Northwest 2nd Avenue, and is approxi- maley 1. 25, of a). AB metrbers of Die pubic are encouraged to attend and participate in said hearing.. The pr Ordinance may ce inspected in its enfirety D1 members of the in the Olgce of the. City Clerk during regular business hours, Mon -Fri; 8am4:30pm, exc fa hdidays: PLEASE TAKE NOTICE AND BE ADVISED that If any person .desires to appeal any decision made by the CBy Councg with respect toarmy. matter considered at this hearing, such ird nested PAsorr will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which neeord includes -the testimorry and evidence upon which the appeal Is to be based. City Clerk media are (a the sole purpose of backupp for of8c al records of the Clerk In accordance with the Americans with DisaM6ry Act (ADA) and Florida Statutes 286.261 persons with disabilities needing special accommodation to participate in this proceeding should contact Lane Gamfotea no dater than two (2) working days pia o the proceed a 863-763-3372 x215; 0 hearing or voice impaired, call TDD 1-800-955-877011voice) a 1-800-955-BT71 (1TY). Lane Garaotea, CIVIC, CIIiTVY CLERK 3065520N lAN r JAN 67N -FIRST READ - ,EXHIBIT Na. 5 JAN 20Tm - FINAL -EXHIBIT NO. 3 ORDINANCE NO. 1040 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAMILY (RMF) TO COMMERCIAL PROFESSIONAL OFFICE (CPO) 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 No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Muhammad Nooruddin, on behalf of property owner(s) A.M.S.A. LLC, of the property more particularly described hereafter, has heretofore filed Petition No. 08- 011-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.488 acre(s) from Residential Multiple Family (RMF) to Commercial Professional Office (CPO) Zoning Distract and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on December 18, 2008, and submitted by staff report, which determined such petition(s) to be consistent with the Comprehensive Plan and is appropriate with the zoning uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and hereby finds such rezoning consistent with the City's Comprehensive 1: Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee,as Chief Presiding Officer for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 17 THROUGH 19, BLOCK 18, CITY OF OKEECHOBEE SUBDIVISION, OF THE PLAT OF OKEECHOBEE AS RECORDED IN PLAT BOOK 5 PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property (0.488 acres) zoning classification to be changed from Residential Multiple Family (RMF) Zoning District to Commercial Professional Office (CPO) Zoning District. Ordinance No. 1040 Page 1 of 2 SECTION 3. CONFLICT. AI1 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 public hearing on this 6th day of January, 2009. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after First Public Hearing this 201h day of January, 2009. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1040 Page 2 of 2 7 Describe current use of property: 8 Describe improvements on property (number/type buildings, dwelling units ,occupied or vacant, etc. N5. 15 0'1-et v '�� P� r v� Lg-f 9rp;c�!U 10 Approx. acreage: 0 . qgE Is property in a platted subdivision? 0-10' Is there a use on the property that is/was in violation of a city or county ordinance? If so, describe: /V 0 11 12 Is a pending sale of the property subject to this application being granted? IVI Describe uses on adjoining roperty to the North: 13 North: '��' F1 L�(. YG#-v East: M�f�/1Gl South: - L' V V • o w47 West: e--H V 14 Existing zoning: Future Land Use classification 15 Request is for: .( Rezone (_) Special Exception Variance 16 Parcel Identification Number. 3 1 S—' 37— 35" va a vv j o� 0.1 7_: i= 1-7_-rr—.4DIn a/'70 17 Applicant's statement of interest in property 110 Revised 7/08 Page l of 10 on ree app ic- - Rezoning ; peci al ception:. aniance: ' all plus $30/acre 18 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges — When the cost for advertising publishing and mailing notices of public -- hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 19 Last recorded warranty deed�/t 20 Notarized letter of consent form property owner (if applicant is different from property cf owner) , Three property surveys (one no larger than 11" x 17") containing: 21 a. certified boundary survey, date of survey, surveyor's name, address and -phone number (,j b. Legal descriptioacreage (.� c. Computation of total acrea a to nearest tenth of an acre List of surrounding property owners with addresses and location sketch of the subject 22 property. See the Information Request Form from the Okeechobee Property Appraiser's Of Office (attached) 23 Affidavit attesting to completeness and correctness of the list (attached) 23 Current zoning classification: m Requested zoning classification What is the desired permitted use and intended nature of activities and development of the Property? 0 r (I 6t7>!t MLT £x �s it {� �t� . �n1� �3�`S Gam. AYne24 U / �YlG�s c� . CA1,9 �tbl,Ci �� Is a Special Exception necessary for your intended use? 25 26 Is a Variance necessary for your intended use? OJT Applicant's materials addressing required findings for granting a rezoning (attach). L( 27 Describe the Special Exception sought: 28 Are there similar uses in the area? If so, describe them: 29 If a business , briefly describe the nature of the business, # of employees, hours of operation and any activities to be conducted outside of a building: 30 Revised 7/08 Page 2 of 10 i 3� Applicant's sing standards for granting a speda! mmadon32 (attach) ApplieaWs materials addressing findings required for granting a spcdal exception (attacb) 33 L-V M L Describe the Special Exception sought: characteristics of tba property that make the variance Did you cause or eontn'bnte to What Me charameris e necewitaring lN/ V accessory? so. 37 Applicant's materials addressing for grmting a variance (attach) 38 Applicant's m3taials addressinj findings required for grandng a variance (attach) I hereby certify that the information in this application is cones The information included in this application is for nse by the City of Okeechobee in processing my request False or misleading information maybe punishable by a fine of up to $500.00 and imprisonnnenc of up to 30 days and may resulft the summary denW of this application. Signaptre - n ,9 • / /Printed Name Date (T.'In7i Revised 7108 pap of in 100'd 9891 E9t E98(Xaj) 8ag043aaNO fn r►at] ll-2l (NOW)8O02-EO-AON tM'ei aagoyaaaMA 10 nail 22.21 (NOW)GION-EO-AON awli/a4p0 xN 10/31/09 To whom it may concern: I am planning to convert the existing property ( See Attached Application) zoned Multi -family to Commercial to shift my Big lake home Health services office. Not a public place. It will be used just for office only. If you have any question, Please call me at 863-763-7773 Sincerely Muhammad Nooruddin 5kl Parcel ED35-001D-00180-0170 Prepered by and teem toe PHYLLIS WALKER Okee-7lnue role coegony. lee. 105 NW 04 Street Okmcbobeq Florida 34972 Fa.ENO.29330 arraanty Deed O Indenture. Executed this August 30, 2007 A.D. Between NAB W. ILGEN and MARY A. ILGEN, HUSBAND and WIFE, w1 4— is 867 CLIFF TOP ROAD, BLAME. TN 37709, hereinafter called the grantor, to A.M.S OLDINGS, LLC, A FLORIDA LDM7.D LIABILM, AND ARIF SHAKOOR, whose=tas.P.O-�:BOX 448,OKfiECHOBEE, FLORIDA 34973, hereinafter called the gcnatee:md'yamtoe' krJuds sa the putin to tlds instrument end the befalepi tepremtadmcadsuipror obsipe of tsrporatiaac) WItne, that the grantor, for and in consideration of the sum of Ten Dollars, (S10.00) and other valuable consideratiomroceqzwhereof is herby acknowledged, hereby grants, bargains, sells, alit rernis M ns, es, eases. conveys and confitms unn the grantee, all the land situate in Okeechobee County. Florida, viz: Legal Description as•A• IIIINININfl�llNllllNiliI1NIDNINfiNillillliEllll go1 E NUN 2007012092 BK 0063S PG 0879 SHARON ROBERTSON► CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY► FL RECORDED 09/04/2007 04:3924 Ph RECORDING FEES 18.50 DEED DOC 1t015.00 RECORDED BY N Arnold P95 0879 - 880; (2P9s) Subject to covrnan ,easements of record and taxes for the current year. Together with all the hereditaments and APPurleoances thereto belonging or in anywiseappertainiDg. To Have and to Hold, simple forever. And- the grantor hereby said grantee that the grantor it hmMy sexed of said hood id fee simply, that the grantor good tight and lawful authority to convey said lend; that the smatot hereby htpy waaaras the title to said lard and will defeud the sore against the lawful claims whomsoever; and that said land is free of dU eneambroncea except tuxes accruing subsequent to December 3I, 2007. _ In Witness Whereof, the said Signed, sealed and delivered in our Wi. Printed Nmne ✓ iil7� s > f.ogr• .1 r /,i A wimas Primed and sealed dose presents the day and year Sat above written. Addmm 867 CLIFF TOP ROAD, BLAINE, TN 37709 MARY A. G (Scot) Address 867 CLIFF' P . B TN 37709 State ofTENNBSSEE Hof —trv"V The foregoing instrument was acknowledged before me this August 30, 2007, by DONALD w. ILGSN and MARY A. ILCIEl, HUSBAND and WIFE, who islare personally Imown to me or who hat produced a drivers license as identilic don, .,..].`. ; T '�.,� Notary NeOP�e°eC a,ro/yN /{'1. Thomas : -81ATE . my ammssrio,;:e� �IAY CQMIiI SSION EXPIRES FEB. 4, 2DW ;TEN .. EE • OTARY ; •.PusuC 0�16 ,F/"11►111110%, Book638/Page879 CFN#2007012092 Page 1 of 2 Exhibit "A" LOTS 17, 18 AND 19, BLOCK IS. OXEECHOBM ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A COPY OF SAID I:AT BEING ALSO RECORDED IN PLAT BOOK 1. PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA ALSO RECORDED IN PLAT BOOK .5. PAGE 5, PUBLIC RECORDS OF IO;ECHOBEE COUNTY. FLORIDA O O� �O 0 File Number. 29330 [qd Dualpft wM No& PA=dmd cb.w%Ceaa Book638/Page880 CFN#2007012092 Page 2 of 2 .00 • 81: 0 Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify underthe penalty of law orthe revocation of the requested approval soughtthat to the best of my knowledge and belief, the attached list constitutes the complete and.accurate list of the property owners, addresses, and parcel Identification numbers of all parcels and trails within three hundred (300) feetnotincluding intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or=ning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of I and the assertions made to me by members of that. Office that the information reviewed constitutes the most recent Information available to that office. I therefore attest to this day of ' V3cb' Signature of Applicant Date A W E1�v� fACORILcUIVN Name of Applicant (printed or typed State of Florida County of Okeechobee Swom to an51,wbscrlbed before me this 0"' day of Personally known to me r produced as identification and did not take an oath. Rcvlwd701 200'd 9891 £9L BMW 200'd aago43aa40 fo n113 Seal BETTYJ @ERE] P%eo g or to aago438amn }o n410 11:21 (NO08002-U-110N 22:21 (NOW)8002-0-AON Ball/24QO xa NNO Q I ODmLOM O O Co OOOM r ON I wvw LO o C. O 0 OOO V' V 00 I I SPC't1N O O C) OOOrI, _ O 0H 04 1 O CDV• it)OO O - - O -CD - O - N - C11 O- N H I c+MM VrMNLOrMNI- NOv Lr)LO Vv w-W NIOIO Vr V'r-IIDNNCD0ko N I I-r-I-r-rmrr0r-lDmNN r-r-r-l-a0 00 I-i-Mmlrr- V'LOOD Q I mmmCA 0)0almvOIOI.ODCDm0)m0)0*1(n(n m C%jmma%mCA0) I RP .0 Vw W WsN W vM-MMmN 04 W W W V' V' Vv vv ko 1w W Vv WV w O I M Maa M M M O D M m M M M N M M M M M M c r) M r r) M V� M M M M c n M O 1 64 W Ga N4 Ll7:)N 5114ND4Zf=aCi W44 4444G4G4GaNHNN 446 NR4 I I x ww w w wWww WW wr wwwwz�wwa�ww0 w I W W W W W W W z W m w w w w a a w w o a w w a w a I RI o0 W W mz W W m z m It) aq cU M M cU m w U >+ 1 00 00 0 00 0 0 H 000000E-4EA 00�p00HP Ep vi wwwwwpR Nwwwwaaww�awwaaa I xa�xx� xxw�o aax�x>400�xzoa4�� o 01 00000woo�CQawOOOOOONNOOHNOO w I I I I I I I HH w as q a UU EEnw ai I E4 t-I U WWwW WWHW W�,OWWz HE W fw�9Q WADE} H P4G4G4�zw]M p4P4�aWf;; WU I HH OG>+W QUUt�)VU]V]OGU0En V)Z 4��w� W Z��'.; pq� pq� E a) a) Hc3 LOAN Cx- 1:H QkDo DW Cx-1CW NMMAQCxiFNxA 1 drvkoNOANzH -W0 W wNNNri W W NN,4[s+OOcy)E-1 ri I V' V ri N H II--�� H H ri W W r4 -1 m OD a l W>C m>4 3FGAAW W W EiE-W W3 A I >C>Cm03 OWm m� mmmmmmmm wW>4rn Q 1 0 o Gil zz d'2Z Lo Ci. OD z O z z O 0 pg%D O O[-M MMUDMLA MMi1f�OM W aDID 1 r QOO Q 0 0Od'NN V'Nclimm m im0)00C)m000r-IH O 1 W p+ri G4 ri ri P+N'.w rl ri N r-I ri N N N ri r- r- ri ri ri Lo N-1 04 H ri I 00a aW d rDQ��E x GQq� m I mmH ,'V- )::Imx aw Rl mmE+ z 8 Lap mQ H E�W mm�aHaa 1 L) 0 OAWWWW mE-f wrnmNQ1,3 aata ao`daox `aa� w z m r,)aaw0 0w>4 U[-1k+fr+ H�+a EQ w I Q)Q) a WH OOOx wWQ I zz0a WE-10 z z I H H A E+ 4''1' Ga>izZ W'�}�►7h I A A H m Ei 7q, Ga H W U FCgk+Nlr+HrIQUUU 1 O O P. 3 a O U A H N W H H H W a h Q H H I xxH c�WUz a �Qla,wxzzzz FDaaU 1 �.aCJa'.'7. H m W W W HHHH a a Q Q AE z a L9XJw� 0 Haao ozoo AA A w a w w a xaaaaHwHHGQ4GQ+� ��onacou4a00w� z'1 4rC4xzzzzzrnai> ksec, iu-34u, page U07O:15 in the LDRs) It is the Applicant's resp to convince the Planning Board/�d City Council that approval of the proposed rezoning is justifie . Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have 'an adverse effect on the public interest. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. Revised 7/08 Page 4 of 10 DESCRIPTION: LOTS 17, . 18 & 19 OF. BLOCK ' 18 OF THE PLAT OF OKEECHOBEE AS RECORDED IN PLAT BOOK 1, PAGE 10 AND PLAT -BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE OF OKEECHOBEE COUNTY, FLORIDA ADDRESS: 104 NW 11 th STREET F.I.R.M.. ZONE: PARCEL LIES WITHIN THE CITY LIMITS OF OKEECHOBEE o ; FLOOD ZONES HAVE NOT BEEN DETERMINED IN .THIS AREA 1 inch 30 ft. z GRAPHIC SCALE 30 0 16 30 I LOT 10 LOT 9 LOT 8 ' 'r LOT 13 I 47.0' PLAT 470 PLAT 47.W PLAT OHW --- 15' 15' ALLEYWAY I N• 89'57'23" W 142.59' D --IRC H00 D IRC TWP D IRC ( S� FND IRC (HOOVER 47.6' PLAT 47.6' PLAT 47.b PLAT 4' CHAINUNK FENCE N LOT 14 I I LOT 18 ' d I LOT 19 I DLO K 18 TYPICAL OWER POOLED V. IO LOT 15 ' I LOT 17 zzr coNCR B02 9 LOT 20 • ; I NnNCE 0.1'W RESIDENCE rrI rr _ N o II _ _ CONC. ENCROACHES •5.1' LOT 16 I I I Id CONC DRIVEWAY d d i FND IRC (TWPS) 470. PLAT] 47.b'' PLAT J 47.5'FN IRC TWPS CONC. ENCROACHES.4.3' D IRc (HooVER) '" ENGROA N89'5812W 142.59' ' EP E/P EA, i E/ r i �. NE' .11 th STREET • 70' R/W t d/3 E/P 4/3 ,/ 4/3 E/P :P STANDARD NOTES: -1. No search of -the. pub Ic records for determination of ownership 'or restrictions affecting the lands shown was performed by ..the sur yor. 2. The survey depicted ere is prepared exclusively for those parties noted. 3. No responsibility or li bility is assumed by the surveyor for use' by others ;not specifically named. 4. Not valid without' the signature and embossed seal. of Florida -licensed surveyor and mapper #4820. 5. There are no visible bove ground encroachments except as shown. ,. 6. No attempt was mad to locate underground improvements and/or encroachments (if any) as Part of this. survey. • ' 7• This survey was prep red in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappe s (Chapter 61G17-6, F.A.C.) pursuant to Section 472.027, Florida Statutes. NOTES No search of the public re ords for determination of ownership or restrictions affecting the. lands shown was performed by the surveyor. The survey depicted here is prep red exclusively for those parties noted and is not covered by professional liability insurance. No responsibility or liability ip assumed by the surveyor for use by oth rs .not specifically named. Not valid without the signature and embossed seal of a Florida licensed surveyor and mapper. PREPARED FOR THE EXCLUSI USE OF: DESCRIPTION 'DATE BY CK,,;. FREED KAHN auz—TANTI -nyui INSURANCE COMPANY, INC. 7 MUHAMMAD. NO�DDIN TICOR'TITLE INSURANCE COMPANY BOUNDARY SURVEY 07-18-07 KB KB,: tiUtFSTRE/1M BU NESS BANK •FIRST AMERICAN.TITLE &•INSURANCE COMPANY t A.M.S.A. HOLDINGS LU1 UNITED GENERAL TITLE INSURANCE COMPANY 1 DESCRIPTION REFERENCE: DR FB/PG: SEE• FILE SCALE: BOUNDARY SURVEY BEARING REFERENCE: BREF FILE: 13347-071807,DWG JOB NO: 13347 TRADE INDS LEGEND O—Set Iron Rod and Cap PSM ❑—Found CM'•`.; �749�Q.Gpill,p.L Q/}�,pJj,� ,gryl,G *-Found Iron Rod (and Cap) O —Found Pipe (and Cap)] 0 Certificate of uthorizetlon No. LB 6719 ABBREVIATIONS EL Bpseline; 'BM -Benchmark; rk Centerline; C—Calculated; CATV-Cable TV; CM; Concrete Monument; CONC-Concrete; D-Deed; G-Delta or Central Angle; E-East.; 200SW 3r AVENUE E'LY-Easterly, E/P—Edge of Pavement; ESMT-Easement; F.I.R.M.-Flood Insuronce. Okeechobee, FL. 34974 Rate Mop; FND—FoutQ-,*1P-Iron Pipe; IR&(C)-Iron Rod (and ID Cap); L-(Arc) Langth; M-Measured; • MH-Manhole; N-North; N LY—Northerly, NGV(D)-National Geodetic Tel: (.863) 63=2887 O vertical (Datum) of 1929: NTS-Not to Seale; OHW-Overhead Wires; R•-Property Una; P-Plat; PC -Point of -Curvature; PCci-Point of Compound Curvature; PCPs Permanent Control Point; POB-Point of Beginning; POC—Point of Commencement; PRC-Point of Reverse Curvature; PRM-Permanent Reference Monument; PT-Poln1 of Tangency; PU&D-Publlc Utilltiy and Drainage; R-Rodlus; R/W-Right—of—Way'; nne A. eaux, Jr. (PSM 820 S=South; SLY -Southerly T-Tangent• TEL-Telephone Splice or Switch Box; W-West; h WLY-Westerly, UTIL=Utllity(ies): ;.a' -Spot Elevation based on indicated Datum U. 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U O o E E O Z c U_ O n U ai a n c C C L '1 cm CD m 0 = v `—' � 3 o m 5 E U Mny CL CL � m c m v v N m m N m c Mn O U m U a. ri v L6 cc L H N O Z so 137"on Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Staff Report - Rezoning Request Prepared for: City of Okeechobee Applicant. • Muhammad Nooruddin Petition No. 08-011 R From: RW To: CHV Staff Report Rezoning Request Applicant: Muhammad Nooruddin Petition No.: 08-011-R Applicant E-mail - Nooruddin64agMail com Existing roposed ZoningDistrict I • - -_Z1_ U.'+aa acres 0.488 acres Location: 104 & 111 NE 11t' Street Legal Description: LOTS 17, 18, AND 19, BLOCK 18 OF THE PLAT OF OKEECHOBEE AS RECORDED IN PLAT BOOK 1, PAGE 10 AND PLAT BOOK 5 PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. The Applicant requests a zoning change from RMF (Residential Multiple Family) to CHV (Heavy Commercial) for three city lots comprising 0.488 acres of land on the north side of NE 11t' Street between US 441 and NE 3rd Avenue to accommodate a home health care office. Staff Report ant: Muhammad Nooruddin Rezoning Request Petition No.: 08-011-R General Comments: A single-family residence is now located on the property. In July of 2007, the City approved an SSA changing the Future Land Use designation on this property from Commercial to Multi -Family Residential to allow for construction and operation of an Assisted Living Facility (ALF) The Applicant has subsequently determined that the property is not of sufficient size to accommodate the facility he originally envisioned, and now wishes to operate an office for his home health care service. The Applicant has stated that the property will be strictly an office use and health care services will not be provided on the site. This use requires Commercial future land use designation and commercial zoning. The owner has submitted an application for the required Small Scale Amendment (SSA). Section 70-340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has not submitted any statements addressing these criteria. Following are the Staff comments: 1. The proposed use is not contrary to Comprehensive Plan requirements. The CHV zoning and proposed professional office use are consistent with the Commercial Future Land Use Category. Further, the proposed use and CHV zoning appear to be consistent with the general pattern and the limits of commercial expansion evident in the area east of US 441 northward from NE 9th Street. However, in order to provide for a well -planned mix of compatible land uses in the area, a less intensive commercial zoning may be more appropriate. 2 Staff Report Rezoning Request Applicant: Muhammad Nooruddin Petition No.: 08-011-R 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Professional offices are allowed in the CHV as well as the CLT and CPO zoning districts. However, upon rezoning to CHV the Applicant will not be limited to office uses, but will retain the option of developing the property in any of the uses permitted within the CHV district. 3. The proposed use will not have an adverse effect on the public interest. Neither Commercial use in general, nor professional office use in particular on this site, is expected to have an adverse effect on the public interest. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The areas to the north, south and east of subject property are largely designated for residential uses. Properties to the immediate north and south are developed in either single-family or multi -family uses. The addition of a professional office use on the site is considered compatible with surrounding uses. Expansion of commercial zoning two or three lots deep from US 441 is consistent with the general pattern and the limits of commercial expansion evident from NE 9t' Street northward. However, since the Applicant intends to develop the property only for office use, and in light of the fact that, except for parcels fronting directly onto US 441, properties in the imme- diate are already developed residentially, a less intensive commercial district such as CLT or even CPO may be more appropriate than CHV. 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. Professional offices are considered to be compatible with multi -family and other residential uses and should not be a deterrent to improvement or development of adjacent properties. However, some of the more intensive uses allowed in the CHV District could adversely affect adjacent or nearby properties. 3 Staff Report Rezoning Request "ant: Muhammad Nooruddin Petition No.: 08-011-R 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood An office can be suitably buffered from surrounding uses if necessary. However, it may be more difficult to protect adjacent residential properties from the impacts of other more intensive uses allowed in the CHV district. The details of necessary buffering will be addressed during the site plan review stage. 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 and the likely demands associated with commercial development of this site are not expected to overburden public facilities such as schools, streets, and utility services, particularly since up until July of 2007 this property was designated for Commercial use on the Future Land Use Map. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No potential problems with regard to traffic congestion are foreseen and only stan- dard drainage improvements are expected to be necessary and which are not anticipated to create any flooding or drainage problems. Specific improvements will be reviewed and approved during site plan review. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use has not been inordinately burdened by unnecessary restrictions. While commercial zoning is certainly appropriate for the property, given the existing residential development in the immediate area we recommend rezoning the property to either CLT or CPO rather than the requested CHV. Submitted by: James G. LaRue, AICP December 9, 2008 Planning Board hearing: December 18, 2008 City Council Hearing: January 6, 2008 Attachments: Future Land Use Map, Zoning Map, and County Property Appraiser's Aerial 4 Staff Report Rezoning Request 0 Nooruddin Site Applicant: Muhammad Nooruddin Petition No.: 08-011-R FUTURE LAND USE NOORUDDIN SITE AND ENVIRONS SINGLE - FAMILY MULTI - FAMILY RESIDENTIAL MIXED USE COMMERCIAL INDUSTRIAL PUBLIC FACILITIES 300 0 300 600 Feet m Staff Report eont: Muhammad Nooruddin Rezoning Request Petition No.: 08-011-R 0 Nooruddin Site H RSF1 RMH RSF2 RMF CPO ® CLT _ CBD CHV IND _ PUB PUD-R PUD-M ZONING NOORUDDIN SITE AND ENVIRONS 300 0 300 600 Feet H. 'e1V DEPk:11'.1 �I NEwsPAPMS OKEECHOBEE NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W.17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a O1j(`i C_ 0C*1 L: in the matter of N L)6 ( ( C �1 O� ,� C c C VD in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of �0t_Vl 0 c_. r Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continu- ously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. t S to and subscribed before me this day of`v Ar State of Florida at Large o�PAy Pli Janetta ThibouIt Commission # DD505311 07o Expires January 10, 2010 � of ji� B...d Troy Fwn I .... Inc 800.3857019 (863) 763-3134 • N LARUE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 • FAX: 239-334-6384 MEMORANDUM DATE: January 16, 2009 TO: Brian Whitehall FROM: Bill Brisson RE: Modifications to the Southern Trace Developer's Agreement. Since the transmittal of the last version of the Southern Trace Developer's Agreement, we have received materials from Mr. Trent Ebersole of McMahon Associates, Inc. in response to our questions regarding the traffic study of the intersection of NW 9th Street and NW 91h Av. In addition we have had conversations regarding some needed clarifications. In this regard, attached is a revised draft of the Developer's Agreement. Portions of the Agreement that have been changed or represent provisions not previously contained in the document are highlighted. Following are brief explanations of the changes and the rationale supporting these changes: 1. Item #7: This section originally included references to, and provisions for improvements to the intersection of NW 9th St. and NW 9th Avenue. We believe the responses from Mr. Ebersole to our questions, we agree that it is unlikely that this intersection will qualify for improvement using the FDOT criteria normally accepted by professionals in Florida. Consequently, we have deleted references to improvements to this intersection. 2. Items #7a((1)(b)i[i.2], [i.5] and [i.6]: In the CONCLUSIONS AND RECOMMENDATIONS section (page 20) of the "Southern Trace Traffic Study" prepared by McMahon and Associates and dated June 19, 2006, the consultant concluded that a traffic signal would not be warranted, but recommends that the "...project be approved with the condition that a signal warrant study be conducted upon site build out and occupancy." The changes to the subsections [i.2], [i.5] and [i.6] are intended to: a. ensure that there is a good faith estimate of the cost of improvements at NW 9th Av. and U.S. 441 as the basis for determining the Developer's escrow or bonding obligation; b. clearly identify when the recommended future traffic study needs to be undertaken to determine if transportation improvements are actually needed; and, to clarify that, if no improvements are needed the escrowed funds and interest will be returned to the Developer. ti N SOUTHERN TRACE DEVELOPMENT AGREEMENT This Development Agreement is entered into this day of , 2008 by and between the City of Okeechobee, a municipal corporation under the laws of the State of Florida, having its principal office at 55 S.E. P Avenue, Okeechobee, Florida 34974 hereinafter ("City"); and InSite Development Group, a Florida Corporation, hereinafter ("Developer"), a Florida corporation, whose address is 3201 South Ocean Boulevard, Apartment 1202, Highlands Beach, Florida 33487-2571. WHEREAS, the City of Okeechobee is authorized to enter into a Development Agreement to promote certainty in the development approval process, strengthen the public planning process, encourage sound capital improvement planning and financing, assist in ensuring that there are adequate capital facilities for the development, encourage private participation in comprehensive planning, and reduce the economic costs of development; and WHEREAS, the Developer owns a 25.11 acre development located in Section 15, Township 37 South and Range 35 East in Okeechobee, Florida, legally described on the attached Exhibit "A", on which the developer intends to develop a multi -family residential project known as Southern Trace (hereinafter "Property"); and WHEREAS, the City acknowledges that the proposed development of the property will benefit the City's residents and is an appropriate use of the property; and WHEREAS, the Parties wish to establish by agreement the terms under which the property may be developed; and NOW, THEREFORE, in consideration of the covenants and conditions contained herein and of benefits accrued to each party, the City and Developer agree as follows: Recitals. The foregoing recitals are assumed correct and are hereby incorporated herein by reference. All exhibits to this Agreement are hereby deemed a part hereof. 2. Property Subject to this Agreement. The property described on the attached Exhibit "A" is subject to this Agreement. 3. Ownership. InSite Development Group/Irving Haase, a Florida Corporation, represents that it is the fee owner of the property and as such may lawfully enter into this Agreement. 4. Consistency with the City's Comprehensive Plan. The City has adopted an amendment to the Future Land Use Map to redesignate the Property from Single Family to Multi -Family. Since the Amendment has become effective, the development permitted by this Agreement is consistent with the City's comprehensive plan. 4th Draft, 1-15-09 *0 N Consistency with the City's Land Development Regulations. Since the City has rezoned the property from RSF1 to RMF, this Agreement shall entitle the Developer to develop on the property all uses permitted by right in the RMF Zoning District. 6. Development of the Property. The Developer has prepared a revised site plan dated 12-17-08 which demonstrates the Developer's design of the overall project and which has been approved by the Technical Review Committee (TRC). Developer agrees that final development will be in substantial compliance with the approved site plan as attached hereto as Exhibit `B". 7. Development Obligations. In consideration of this Development Agreement and to assure that the change in the Comprehensive Plan classification is suitable, the Developer hereby volun- tarily contributes and the City of Okeechobee accepts, the following terms for development. a. Transportation Obligations. To mitigate the impacts of the development of the property on the City's transportation network, the Developer has agreed to enhance the City's transportation network by making a voluntary contribution to the City. \� (1) Prior to the issuance of building permits, -the Developer shall pay to the City, ti�l e a , a voluntary c� contribution in an amount equal to its "fair share" of all costs associated with the installation of a traffic signal or other needed traffic control devices at the intersection of NW 91h Street and US 441. In the alternative, the developer may post a bond sufficient to cover the Developer's "fair share" of the cost of said improvements. (a) The City shall deposit all monetary contributions into an interest bearing account until such time as installation of the traffic improvements is needed. (b) The amount of the monetary contribution for a traffic signal or other traffic control device or intersection improvement shall be computed in the following manner and shall be based on the assumption of full occupancy of the develop- ment and the most recent traffic counts: i. , Traffic Signal and Turn Lanes at NW 9t' Street and U.S. 441 The Developer's "fair share", stated as a percentage, shall be com- puted by dividing the PM Peak Hour traffic volumes generated by the development by the capacity increase resulting from installation of the traffic signal and any turn lane improvements. [i.2] The Developer shall, within 30 days of the approval and execution of this Agreement, submit to the City for its concurrence and approval a good faith estimate of the costs associated with the a traffic signal and its installation, and any other needed improvements associated therewith, at the intersection of NW 9`h Street and U.S. 441. [0] The Developer's contribution shall be the estimated cost of the traffic signal and all other needed intersection improvements multiplied by the Developer's "fair share" percentage. 4th Draft, 1-15-09 2 [i.4] The City shall deposit the calculated "fair share" monetary contri- bution into an interest bearing account until such time as the need for the signal is warranted. [i.5] At the end of five years after the posting of the bond or escrow deposit, or within three months after the issuance of a certificate of occupancy for the last of the 217 units approved for development, whichever is later, the Developer shall conduct a traffic study, to- \ \ determine whether or not a signal is warranted according to the V Florida Department of Transportation's (FDOT) Warrant Criteria or if turn lanes are necessary. �lJ contri- [i.6] If no improvements are warranted, the Developer's monetary bution and all accrued interest will be returned to the Developer and/or the bond shall be released. (c) If the actual cost of installed devices and improvements is less than the amount of the escrow deposit and accrued interest, the difference shall be returned to the Developer. b. Open Space/Recreation Obligations. (1) The Developer shall ensure that the two park areas shown on the site plan shall be, in perpetuity, dedicated to open space/recreation use available for use by the general public and that there shall be no signs posted limiting accessibility to said parks to�� residents of the project. .\ (2) The Developer shall maintain said parks in a clean, visually pleasing and safe �) condition until such time as the maintenance responsibility is transferred to the homeowner/condominium association with a provision in the agreement requiring the continued maintenance by the homeowner/condominium association in perpetuity. (3) The Developer shall assure that upon the transfer of its interests in this project to a home owner's association (HOA), it shall require that the articles of incorporation for the HOA contain provisions for collection of sufficient homeowner's fees or assess- ments to annually meet the expenses of upkeep and maintenance required in this section. 8. Vested Rights. If the Developer fulfills its obligations for the voluntary contribution for transportation impacts and voluntary allocation and continued maintenance of open space/recreation lands, the project shall be deemed concurrent as to transportation and recrea- tion/open space and shall have no other obligations under the City's Concurrency Management Plan as to transportation facilities or recreation/open space facilities. 9. Applicable Land Use Regulations. Pursuant to Florida Statutes § 163.3223, development within the property shall be subject to the City's land development regulations and policies governing development at the time the Agreement is executed by the City, except as may be modified by the Agreement. The City may apply subsequently adopted regulations and policies only in 4th Draft, 1-15-09 3 accordance with that Statute. The failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restriction. 10. Duration of Agreement. This Agreement shall remain in full force and effect for ten (10) years from its effective date unless terminated earlier as provided in this Agreement. The duration of this Agreement may be extended with the Party's mutual consent in accordance with Florida Statutes § 163.3229. However, the termination of this Developer's Agreement shall not affect the zoning or uses on those portions of the Property if any portion of the Property has been improved or if any portion of the Development has been constructed, including the two park areas and their maintenance obligation. 11. Amendments and Termination. This Agreement may only be amended by mutual agreement of the parties, or as otherwise permitted under F.S. 163 part II. 12. Notices. All notices required are permitted under this Agreement shall be in writing and shall be mailed by certified mail, return receipt requested to the following addresses or to other such persons or addresses as any Party may designate from time -to -time in writing. If to the Developer: Irving Haase 3201 S Ocean Boulevard Apt 1202 Highlands Beach, FL 33487-2571 If to the City: City of Okeechobee 13. Remedies. Any material breach of this Agreement may be enforced by either Party as against the other in an appropriate action in law or equity filed in a Court of competent jurisdiction; provided, however, no such action may be brought until the defaulting Party has been given notice and thirty (30) days in which to cure the default. If the default cannot be reasonably cured within the thirty (30) day period, such period shall be extended if the cure is commenced within such thirty (30) days and the defaulting Party is proceeding with due diligence for such period of time reasonably required to complete the cure. If such material breach should occur prior to issuance of final Certificate of Occupancy, the City retains the right to withhold the issuance of the Certificate of Occupancy until the resolution of the alleged breach. This development agreement shall be reviewed for compliance every twelve months of its existence by the city council. Such review shall include the status of compliance with all terms of the agreement, and what enforcement actions, if any, are necessary to obtain such compliance. 4th Draft, 1-15-09 4 14. Governing Law. This Agreement shall be construed and interpreted according to the laws of the State of Florida, and venue with respect to any litigation between the Parties related to this Agreement shall be exclusively in Okeechobee County, Florida. 15. Severability. If any part, term, or provision of this Agreement is held to be illegal, void, or unenforceable, the remaining portions or provisions of this Agreement shall not be affected or impaired. Each remaining provision shall remain in full force and effect and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. 16. Entire Agreement. This Agreement embodies the whole Agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, regarding the development of the property between the Parties. 17. Conflicts of Law. If State or Federal laws are enacted subsequent to the execution of this Agreement which are applicable to and preclude either Parry's compliance with the terms of this Agreement, this Agreement shall be modified as is necessary to comply with the relevant state or federal laws. 18. Covenants Running with the Land, its Successors and Assigns. The obligations imposed and entitlements created pursuant to this Agreement shall run with and bind the property as covenants running with the land and this Agreement shall be binding upon and enforceable by and against the Parties hereto, their personal representatives, heirs, successors, grantees and assigns. 19. Effective Date. This Agreement shall become effective upon its adoption. IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands and seals the day and year first above written. Irving Haase InSite Development Group Attest: 4th Draft, 1-15-09 James E. Kirk, Mayor City of Okeechobee Lane Gamiotea, CMC, City Clerk 5 E"18,rr 4 J.Y 20, 2009 SOUTHERN TRACE DEVELOPMENT AGREEMENT This Development Agreement is entered into this day of City of Okeechobee, a municipal corporation under the laws of the State of F oo da, havin9 i s princi8 by and between t al he office at 55 S.E. 3`d Avenue, Okeechobee, Florida 34974 hereinafter("City'); p Group, a Florida Corporation, hereinafter ("Developer'), and InSite Development South Ocean Boulevard, Apartment 1202, Highlands Beach, FloridaFloria 33487-2571 whose address is 3201 WHEREAS, the City of Okeechobee is authorized to enter into a Development Agreement to promote certainty in the development approval process, strengthen the public planning process, encourage sound capital improvement planning and financing, assist in ensuring that there are adequate capital facilities for the development, encourage private participation in comprehensive planning, and reduce the economic costs of development; and WHEREAS, the Developer owns a 25.11 acre development located in Section 15, Township 37 South and Range 35 East in Okeechobee, Florida, legally described on the attached Exhibit "A", on which the developer intends to develop a multi -family residential project known as Southern Trace (hereinafter "Property"); and WHEREAS, the City acknowledges that the proposed development of the property will benefit the City's residents and is an appropriate use of the property; and WHEREAS, the Parties wish to establish by agreement the terms under which the property may be developed; and NOW, THEREFORE, in consideration of the covenants and conditions contained herein and of benefits accrued to each party, the City and Developer agree as follows: 1. Recitals. The foregoing recitals are assumed correct and are hereby incorporated herein b reference. All exhibits to this Agreement are hereby deemed a part hereof. y 2. Property Subject to this Agreement. The property described on the attached Exhibit subject to this Agreement. "A" is 3• Ownership. InSite Development Group/Irving Haase, a Florida Corporation, represents that it is the fee owner of the property and as such may lawfully enter into this Agreement. 4. Consistency with the City's Comprehensive Plan. The City has adopted an amendment to the Future Land Use Map to redesignate the Property from Single Family to Multi -Family. Since the Amendment has become effective, the development permitted by this Agreement is consistent with the City's comprehensive plan. 3RD Draft, 12-30-08 >. Consistency with the City's Land Development Regulations. Since the City has rezoned the property from RSF1 to RMF, this Agreement shall entitle the Developer to develop on the property all uses permitted by right in the RMF Zoning District. 6. Development of the Property. The Developer has prepared a revised site plan dated 12-17-08 which demonstrates the Developer's design of the overall project and which has been approved by the Technical Review Committee (TRC). Developer agrees that final development will be in substantial compliance with the approved site plan as attached hereto as Exhibit `B". 7. Development Obligations. In consideration of this Development Agreement and to assure that the change in the Comprehensive Plan classification is suitable, the Developer hereby volun- tarily contributes and the City of Okeechobee accepts, the following terms for development. a. Transportation Obligations. To mitigate the impacts of the development of the property on the City's transportation network, the Developer has agreed to enhance the City's transportation network by making a voluntary contribution to the City. (1) Prior to the issuance of building permits, the Developer shall post a bond or pay to the City within sixty (60) days of the approval and complete execution of this Agreement, a voluntary contribution, to be put into escrow, in an amount equal to its fair share of all costs associated with the installation of a traffic signal or other needed traffic control devices or intersection improvements at each of the following intersections: NW 9th Street and US 441 NW 9th Street and NW 91h Avenue. (a) The City shall deposit all monetary contributions into an interest bearing account until such time as installation of the traffic improvements is needed. (b) The amount of the monetary contribution for each traffic signal or other traffic control device or intersection improvement shall be computed in the following manner and shall be based on the assumption of full occupancy of the develop- ment and the most recent traffic counts: i. Traffic Signal and Turn Lanes at NW 9th Street and US 441 and NW 9th Street and NW 9th Avenue. [i.1 ] The Developer's "fair share", stated as a percentage, shall be com- puted by dividing the PM Peak Hour traffic volumes generated by the development by the capacity increase resulting from installation of the traffic signal and any turn lane improvements. [i.2] The Developer's contribution shall be the estimated cost of the traffic signal and all other needed intersection improvements multiplied by the Developer's "fair share" percentage. 3'D Draft, 12-30-08 2 040 [i.3] The City shall deposit the calculated "fair share" monetary contri- bution into an interest bearing account until such time as the need for the signal is warranted. [i.4] If it is determined a signal is not warranted according to the Florida Department of Transportation's (FDOT) Warrant Criteria or turn lanes are not necessary; or the warranted signal and/or necessary turn lanes are not programmed within five years of the posting of the bond or escrow deposit or the time a final certificate of occupancy is issued whichever is later, for subsequent installation, the monetary contribution associated therewith and all accrued interest will be returned and/or the bond shall be released. ii. Traffic Control Devices other than a Traffic Signal at NW 9' Street and NW 9rh Avenue If it is determined by the City, after review of the Developer's Traffic Impact Study of this intersection and assuming full occupancy of the project, that a two-way stop or four-way stop will be necessary to ensure safe traffic movement within this intersection, the Developer shall be responsible for 100% of the cost of such improvements. [ii.2] The City shall deposit the calculated "fair share" monetary contri- bution into an interest bearing account until such time as the need for the improvements is warranted. [ii.3] If the City determines that no traffic control devices are necessary, or no such necessary devices are programmed within five years of the Posting of the bond or escrow deposit or the time a final certificate of occupancy is issued whichever is later, for subsequent installation, the monetary contribution associated therewith and all accrued interest will be returned and/or the bond shall be released. (c) If the actual cost of installed devices and improvements is less than the amount of the escrow deposit and accrued interest, the difference shall be returned to the Developer. b. Open Space/Recreation Obligations. (1) The Developer shall ensure that the two park areas shown on the site plan shall be, in Perpetuity, dedicated to open space/recreation use available for use by the general public and that there shall be no signs posted limiting accessibility to said parks to residents of the project. (2) The Developer shall maintain said parks in a clean, visually pleasing and safe condition until such time as the maintenance responsibility is transferred to the homeowner/condominium association with a provision in the agreement requiring the continued maintenance by the homeowner/condominium association in perpetuity. 3RD Draft, 12-30-08 3 ■ 00 N (3) The Developer shall assure that upon the transfer of its interests in this project to a home owner's association (HOA), it shall require that the articles of incorporation for the HOA contain provisions for collection of sufficient homeowner's fees or assessments to annually meet the expenses of upkeep and maintenance required in this section. 8. Vested Rights. If the Developer fulfills its obligations for the voluntary contribution for transportation impacts and voluntary allocation and continued maintenance of open space/recreation lands, the project shall be deemed concurrent as to transportation and recrea- tion/open space and shall have no other obligations under the City's Concurrency Management Plan as to transportation facilities or recreation/open space facilities. 9. Applicable Land Use Regulations. Pursuant to Florida Statutes § 163.3223, development within the property shall be subject to the City's land development regulations and policies governing development at the time the Agreement is executed by the City, except as may be modified by the Agreement. The City may apply subsequently adopted regulations and policies only in accordance with that Statute. The failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restriction. 10. Duration of Agreement. This Agreement shall remain in full force and effect for ten (10) years from its effective date unless terminated earlier as provided in this Agreement. The duration of this Agreement may be extended with the Party's mutual consent in accordance with Florida Statutes § 163.3229. However, the termination of this Developer's Agreement shall not affect the zoning or uses on those portions of the Property if any portion of the Property has been improved or if any portion of the Development has been constructed, including the two park areas and their maintenance obligation. 11. Amendments and Termination. This Agreement may only be amended by mutual agreement of the parties, or as otherwise permitted under F.S. 163 part II. 12. Notices. All notices required are permitted under this Agreement shall be in writing and shall be mailed by certified mail, return receipt requested to the following addresses or to other such persons or addresses as any Party may designate from time -to -time in writing. If to the Developer: Irving Haase 3201 S Ocean Boulevard Apt 1202 Highlands Beach, FL 33487-2571 If to the City: City of Okeechobee 13. Remedies. Any material breach of this Agreement may be enforced by either Party as against the other in an appropriate action in law or equity filed in a Court of competent jurisdiction; provided, however, no such action may be brought until the defaulting Party has been given notice and thirty (30) days in which to cure the default. If the default cannot be reasonably cured within the thirty (30) day period, such period shall be extended if the cure is commenced within such thirty (30) days and the defaulting Party is proceeding with due diligence for such 3RD Draft, 12-30-08 4 •AW period of time reasonably required to complete the cure. If such material breach should occur prior toc issuance of final Certificate of Occupancy, the City retains the right to withhold the issuance of the Certificate of Occupancy until the resolution of the alleged breach. This development agreement shall be reviewed for compliance every twelve months of its existence by the city council. Such review shall include the status of compliance with all terms of the agreement, and what enforcement actions, if any, are necessary to obtain such compliance. 14. Governing Law. This Agreement shall be construed and interpreted according to the laws of the State of Florida, and venue with respect to any litigation between the Parties related to this Agreement shall be exclusively in Okeechobee County, Florida. 15. Severability. If any part, term, or provision of this Agreement is held to be illegal, void unenforceable, the remaining portions or provisions of this Agreement shall not be affected or impaired. Each remaining provision shall remain in full force and effect and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. 16. Entire Agreement. This Agreement embodies the whole Agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, regarding the development of the property between the Parties. 17. Conflicts of Law. If State or Federal laws are enacted subsequent to the execution of this Agreement which are applicable to and preclude either Party's compliance with the terms of this Agreement, this Agreement shall be modified as is necessary to comply with the relevant state or federal laws. 18. Covenants Running with the Land, its Successors and Assigns. The obligations imposed entitlements created pursuant to this Agreement shall run with and bind the roe and covenants running with the land, and this Agreement shall as be binding upon and enforceable by and against the Parties hereto, their personal representatives, heirs, successors, grantees and assigns. 19. Effective Date. This Agreement shall become effective upon its adoption. 312D Draft, 12-30-08 5 ■ N IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands and seals the day and year first above written. Irving Haase InSite Development Group Attest: James E. Kirk, Mayor City of Okeechobee Lane Gamiotea, CMC, City Clerk 3'D Draft, 12-30-08 6 JANft fXN/B/7 N0. ti RETURN TO AND PREPARED BY: CITY OF OKEECHOBEE Office of the City Clerk 55 S.E. 31 Avenue Okeechobee, Florida 34974 GRANT OF EASEMENT STATE OF FLORIDA CITY OF OKEECHOBEE THIS INDENTURE, made and entered into this day of 20 by and between DAVID & ANITA NUNEZ, GRANTORS, and the CITY OF OKEECHOBEE FLORIDA, a municipal corporation existing under the laws of Florida, GRANTEE; WHEREAS, Grantee is seized in fee simple of a parcel of land, roadway, alley, or right of way contiguous to the lands of Grantors(s), and WHEREAS, Grantor has agreed to reserve unto the City its Successors and Assigns,, a nonexclusive easement for public utilities purposes of Northeast 2nd Street as a provision of Ordinance No. 1019; and WHEREAS, Grantor has agreed in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations, the sufficiency of which is herein acknowledged, for herself and all other persons claiming by, through or under Grantor, their predecessors in title, or their heirs, assigns or legal representatives by virtue of any deeds of conveyances describing land located in Township 37 South, Range 35 East, to grant and convey to grantee an easement or right-of-way over the land described below, for the purposes and in the manner expressed below; NOW, THIS INDENTURE WITNESSETH: That, in pursuance of this agreement and in consideration of the sum of Ten dollars ($10.00), and other valuable consideration, receipt of which is hereby acknowledged, Grantor grants unto Grantee, its assigns, successors in interest or subsequent entities, and to all other likely situated as above described; Full and free right and liberty for them and their authorized tenants, servants, agents, employees, licensees, in common with all persons having the like right, at all times hereafter, for all purposes connected with the use and enjoyment of the land of the Grantor and those likely situated for whatever purpose the land from time to time lawfully may be used and enjoyed, and the right further granted to create and maintain a utility corridor, for the construction, placement or other installation of utility service as needed by the City, or its successors in interest, for underground utilities and storm water drainage or management; said easement described more particularly as follows: COMMENCE AT THE SOUTHWEST CORNER OF BLOCK 147, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE SiOF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SAID POINT LYING ON THE EAST RIGHT-OF-WAY LINE OF N.E. 7T" AVENUE; THENCE BEAR S000 01'69" E, ALONG SIDE EAST RIGHT -OF -WAY LINE OF kE.7TH AVENUE, FOR A DISTANCE OF 57.16 FEET TO THE CENTERLINE OF AN EXISTING 36" REINFORCED CONCRETE PIPE AND THE POINT -OF - BEGINNING OF SAID CENTERLINE OF 34.00 FOOT DRAINAGE EASEMENT; THENCE BEAR S89°58"57E, ALONG SAID CENTERLINE, FOR A DISTANCE OF 287.88 FEET TO THE INTERSECTION WITH THE WESTERLY TOP OF BANK OF TAYLOR CREEK AND THE POINT -OF -TERMINUS OF SAID CENTERLINE OF EASEMENT. A SURVEY OF SAID EASEMENT, IS ATTACHED HEREWITH AS EXHIBIT A. TO HAVE AND TO HOLD in perpetuity the easement or right-of-way hereby granted unto Grantee, its assigns or successors in interest and those likely situated as described, as appurtenant to the land of the Grantee and those likely situated and every part of it. M M It is understood that the easement is given upon the express understanding and condition that it may be used by Grantor, his heirs executers and assigns in conjunction with the use of Grantee, to the extent such use does not interfere with such utility or drainage service as provided by Grantee. If such use, in the sole discretion of the Grantee, does materially interfere with Grantees operation of utility or drainage facilities within the easement, then Grantors shall be solely liable to remove orcorrect such interference in use upon written demand of Grantee. It is further understood that Grantee may improve, maintain and otherwise construct stormwatermanagement/drainage ditch on the easement in conformitywith State and local code or ordinance, and Grantor in no way will be bound to improve, maintain or construct the facilities or to keep it in repair; nor does Grantor assume any liability or responsibility to Grantee using the land by invitation, express or implied, or by reason of any business conducted with Grantee, or otherwise. Grantor shall, however, maintain the easement for the first year following execution of this agreement. VDavid ITNESS WHEREOF, Grantor have set their hand and seal on the day and year n. �,4 � �4 z nits Nunez STATE OF FLORIDA CITY OF OKEECHOBEE BEFORE IyE, the undersigned authority, appeared David and Anita Nunez, thisday of 0.n , 20_&, who is ersonall known , or who produced the following identification: I , and who being first duly sworn according to law, states that they executed the foregoing instrument for the purposes therein stated. MaJUM.®DM MYCOMMISSWM#DO4M NOTARY PUBLIC 7' My Commission Expires: IN WITNESS WHEREOF, Grantee has set its hand and seal on the day and year above written accepting on behalf of the City of Okeechobee, Florida such dedication and grant of easement. JAMES E. KIRK, Mayor ATTEST: LANE GAMIOTEA, CMC, City Clerk STATE OF FLORIDA CITY OF OKEECHOBEE BEFORE ME, the undersigned authority, appeared James E. Kirk, and Lane Gamiotea, this day of 20_, who are personally known to me or who produced the following identification: , who being first duly sworn, do state that the foregoing is true and correct to the best of their knowledge and belief, and executed for the purposes stated herein. NOTARY PUBLIC My Commission Expires: REVIEWED FOR LEGAL SUFFICIENCY: JOHN R: COOK, City Attorney 0 GRANT OF EASEM"EXHIBIT A SCALE 1'-30' JOB 6: '.D6-D19-2 FB/PAGE - CALCS: '.. SND FLD. DATE: - DRAWN: KD/CI DRAWING -:28648 REVISIONS: 51 SHEET 5� U OF Il aA DC rM 6TREET I P 1 mG 70'R/N - ASPHALT �m 34'DRAINAGE EASEMENT �m SWOf'59'E70.AP'(F)—_ -- 67.l6'IC) I Y I � O ;2 I O �I A � q m � s I ANITA G DAVID MINA CITY OF WOMMD6EE 6TSVE1'1 W. DE}1AY6, PQ 5178 . Lb�6495 Wguaff" 1AND sumvEIYIIFIGN 15175 6 W. I AA- H PA F"AY XeEQi00Et; FLAR I CA 54974 PF" 863-467-8889 FAX A67-81II JANft EXHIBIT NO. r*:fi. venue # 863-763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. TEMPORARY STREET AND SIDEWALK CLOSING Name of Applicant Address Name of Property Owner Address Street to be Closed Date to be Closed Time(s) to be Closed Purpose of Closing Okeechobee Main Street 111 NE 2"d Street City of Okeechobee 55 SE 3'd Avenue Today's Date Phone(s) Phone(s) SW 0 Avenue, between N & S Pk Streets 2/27/09 through 3/1/09 2/27/09 (8am) through 3/1/09 (5pm) Top of the Lake Art Festival 1 /12/09 863-357-6246 763-3372 Attachments ❑ Original Signatures of all residents, property owners and business owners affected by the street closing stating whether they approve or object. This can be done on one list. Make �1 sure if it is a business that the name of the business and the owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications). U/ Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications). ❑A N If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. ❑ ON State Food Service License if selling food. ❑ �\State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks). ow Clean up is required within 24 hours. BW No alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. ow No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. ow The City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. oail Dumpsters and port-o-lets are required when closing the street for more than 3 hours. PUBLIC WORKS DEPARTMENT - �9-4U4,Donnie Robertson, Public Works Director Authorized. Signature Date Typed Name & Title _ Signature Signature 12 -,7 Denny Davis, Chief of Police Date _ Typed Name & Title 'J& -,!29 uPr-t, Gmi tl,, Fire Chief Date Typed Name & Title Occupational and/or State License Verified: ADMINISTRATION ' 13-0, Sigr)6ture CLERK'S OFFICE Brian.. Whitehall, city ' Administrator Date j yped Name & Title 1 I q Lane Gamiotea, City Clerk Authorized Signature Date Typed Name & Title APPROVED/DENIED BY COUNCIL ON: Rcvised 9/05/03 inai�-61A-9-4 rn m cr A �I N S sw la J � to cr L co Ln �, to A D++ a LA I lo% \� SW a Ln Oo N W J J cn U CD c+ U r � N � N _ .J .Q Sow I Q � v owl Pdrro-g PTV VU-n- 14-op, 4 cf+ c rnicnI-b-Iu 3.- JAN y 55 Southeast 3' Avenue EXHIBIT Mr. '_ City of Okeechobee Okeechobee, Florida 34974 #863- 763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. —.. rr,r7CT wwin clnl=1NA1 te r1 nSING S "r Today's Date — I Cry Name of Applicant Address Phone(s) $ �� Name of Property Owner Vi Address Phone(s) Street to be Closed Dates to be Closed Time(s) to be Closed Purpose of Closing �� a Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is.legible. if it is a resident make sure the name and address is legible. (Required of all I� applications) opy of proof of insurance. (Minimum $1,000,000.00, required of all applications) Attachments If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks) mwClean-up is required within 24 hours. agrNo alcoholic beverages can be con 'me or taken out on City property, streets or sidewalks. wwNo donations can be requested if any type of alcoholic beverages are served private on property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. swThe City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. owDumpsters and port -a -lets are required when closing the street for more than 3 hours. u �� — — 3%. Y-P A l 1 - 1 1 cn - -Tr A 1 3 cn •• a PUBLIC WORKS DEPARTMENT -d 5; Donnie Robertson, Public Works Director �d. Signature Date Typed Name & Title . POLICE DEPARTMENT '� 1-ZZ 7 Denny Davis, Chief of Police orized Signature Date Typed Name & Title gnature Autho Authorized Signature Df uerh Sm; th , Fire Chief Date Typed Name & Title Brian.. Whitehall, city , Administrator Date i yped Name & Title APPROVED/DENIED BY COUNCIL ON: Lane Gamiotea, City Clerk Typed Name & Title Revised 8/05/03 Big Div r r �► _F3CS : �!�! ass© J l S�1 3rd 1irL F ld r- N SW-LdAvt J m 1 co cn �- m w N N O Sock sus© o© 4.0R-m oil i� �' a -4 �� T p :IvI ft 20 - FXH/8/T an 0 55 * 863-763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. Name of Applicant TEMPORARY STREET AND SIDEWALK CLOSING Chamber of Commerce I Today's Date 1 1/12/09 Address 55 South Parrott avenue Phone(s) 763-6464 Name of Property Owner City of Okeechobee Address 55 SE 3rd Avenue Phone(s) 763-3372 Street to be Closed SW 2nd, 3rd4th5th, 6th Avenues, btwn N & S Pk Strts Date to be Closed February 6 through February 8 Time(s) to be Closed noon on 2/6/09 until 9 pm 2/8/09 Purpose of Closing Speckled Perch Festival �:"La- Attachments n/ Original Signatures of all residents, property owners and business owners affected by the N street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and the owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications). ❑ Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications). If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. FA State Food Service License if selling food. It State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beveraqes on City property, this includes streets and sidewalks). ow Clean up is required within 24 hours. V91 No alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. Ew No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. ow The City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. 9W Dumpsters and port-o-lets are required when closing the street for more than 3 hours. PUBLIC WORKS DEPARTMENT Donnie Robertson Public Works Director A. Signature Date Typed Name & Title . POLICE DEPARTMENT /-Z.-? 7 Denny Davis. Chief of Police d Signature Date Typed Name & Title gnature Authorized Signature /3- pan- j0 THPrb Sm; j-r, , Fire Chief Date Typed Name & Title Brian. Whitehall, City Administrator Date i yped Name & Title Dal APPROVED/DENIED BY COUNCIL ON: Revised 8/05/03 Lane Gamiotea, City Clerk Typed Name & Title ...,ang-M o,eme sesame met S�Qe�1-P�� P�eSti�t-�4 Sw radon 9 Pm Iri- c pm CIA CI. o S rrJ 3 rd I1r� F c + (`1 ,a N yd WI J ,,I ZI Alt . pjrrD4A AVe LLD - 00 JANOW EXHIBIT NO. __� 55 venue * * 863-763-3372 ty Complete entire application with all applicable attachments and return to the the Of ice of the to the City CThe Ci You wilt be Departments will be contacted to sign the application- The application notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. TEMPORARY STREET AND SIDEWALK CLOSING Name of Applicant Address Name of Property Owner Address Street to be Closed Date to be Closed Time(s) to be Closed Purpose of Closing Chamber of Commerce Today's Date 55 South Parrott avenue Phone(s) City of Okeechobee 1 /12/09 763-6464 55 SE 3`d Avenue I Phone(s) 1763-3372 SW 2"d, 3`d, 4th, 5th, 6th Avenues, btwn N & S Pk Strts March 13-15, 2009 Chobee Spring Fiesta Attachments n' Original Signatures of all residents, property owners and business owners affected by the street closing stating whether they approve or object. This ownercan be done s legible.onone lit is a Make sure if it is a business that the name of the business and resident make sure the name and address is legible. (Required of all applications). ❑ Copy of proof of insurance. (Minimum $1,000,o00.00, required of all applications). qA_ If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. qN State Food Service License if selling food. `PkState Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks). aw Clean up is required within 24 hours. � No alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. ow No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a licenses. Alcoholic you must have the appropriate licensethere are inside consumption and outside consumption Ew The City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. MW Dumpsters and port-o-lets are required when closing the street for more than 3 hours. PUBLIC WORKS DEPARTMENT Signature FIRE DEPARTN 1 1.7 I' Donnie Robertson, Public Works Director Date Typed Name & Title _ Denny Davis, Chief of Police Date Typed Name & Title Date Typed Name & Title Occupational and/or State License Verified: ADMINISTRATION �o _ Brian. Whiteha�.11, city 'Administrator re Date i yped Name & Title OFFICE �J� of Lane Gamiotea, City Clerk Authorized Signature Date Typed Name & Title APPROVED/DENIED BY COUNCIL ON: Revised 9/05103 - NOW yes _ si• �;es ra�v SW 3rd Ilrf- ml� . N .J J Sri_ Ld Avt Sa-a o.�s @off Parro-A PTVM -Q- ,qtz-m "M I ,o Q Q a_1 �a ov o rc - --- — Avenue Okeechobee, Florida 34974 ak 863-763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. .■r 'r%M w nv grocci- AKin cinFWAI K CLOSING Chamber of Commerce Today's Date 71/12/09 Name of Applicant Address 55 South Parrott avenue Phone(s) 1763-6464 Name of Property Owner City of Okeechobee Address 55 SE 31d Avenue Phone(s) 763-3372 Street to be Closed SW 2nd, 3�d, 41n, 5cn venues, btwn N & S Pk Strts Date to be Closed September I through September 7 Time(s) to be Closed 7 am - 4:30 pm Purpose of Closing Labor Day Festival Attachments ❑ Original Signatures of all residents, property owners and business owners affected by the street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and the owner is legible. If it is a resident make sure the name and address is legible. (Reguired of all applications). ❑ Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications). If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. ❑ State Food Service License if selling food. ❑�\p� State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks). ow Clean up is required within 24 hours. Ew No alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. aw No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. ow The City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. ow Dumpsters and port-o-lets are required when closing the street for more than 3 hours. PUBLIC WORKS DEPARTMENT dui Authorized. Signature Date d Signature / /3 f' Date Donnie Robertson, Public Works Director Typed Name & Title . Denny Davis. Chief of Police Typed Name & Title Id-jan- 09 APrh Sm; J--b Fire Chief Date Typed Name & Title Occupational and/or State License Verified: ADMINISTRATIONn om 6OA" 1-0-0 Brian.. Whitehall, City Administrator Sign ture Date i yped Name & Title Authorized Signature /L .Qq Date APPROVED/DENIED BY COUNCIL ON: Lane Gamiotea, City Clerk Typed Name & Title Revised 8/05/03 ` y (n CO Cr A � PPI N N u, Sw m AVE- rl /a0o9 J z m N W 0 03 cD 4 . O O W 3rd V Q� � L1 1 1 N It W Arc rn SOLCI-a- . pwDlt Afej, RIP.� �v v ®ss=� -N V m ( c0 - F NE 3RD A' c i JAN EXH16% O. j � ► of Okeechobee Avenue # Okeechobee, Florida 34974 # 863-763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. TEMPORARY STREET AND SIDEWALK CLOSING Name of Applicant Chamber of Commerce Today's Date 1/12/09 55 South Parrott avenue Phone(s) 763-6464 Address Name of Property Owner City of Okeechobee — -- Address 55 SE 3`d Avenue I Phone(s) 763-3372 SW 2nd, 3rd, Wh Avenues, btwn N & S Pk St Street to be Closed Date to be Closed December 12, 2009 Time(s) to be Closed 6 am - 8 pm Purpose of Closing Christmas Parade QC Original Signatures of all residents, property owners and business owners affected by the street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and the owner is legible. If it is a resident make sure the name and address is legible. (Reguired of all applications). Attachments ❑ Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications). If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. E0 State Food Service License if selling food. N\ State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks). 9�91 Clean up is required within 24 hours. UW No alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. ow No donations can be requested if any type of alcoholic beverages are served on private propertylbusiness unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. aw The City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. � Dumpsters and port-o-lets are required when closing the street for more than 3 hours. PUBLIC WORKS DEPARTMENT Authorized. Signature gnature FIRE DEPARTMENT Signature Authorized Signature f r /.? - of Donnie Robertson, Public Works Director Date Typed Name & Title. Z Denny Davis, Chief of Police Date Typed Name & Title —,,79Herh Smith Fire Chief Date Typed Name & Title Brian.. Whiteha.11 , City 'Administrator Date i yped Name & Title —� Date APPROVED/DENIED BY COUNCIL ON: Lane Gamiotea, City Clerk Typed Name & Title 0 Revised 8/05/03 OWN - NEB W] °° m 4 N o �I N J J 3rd AIL SH1 V co CA to F U � tJ N Sri �►� Ayt, T81 a 1 i WON ��el® EN 141DRM' moo WON ��el® EN 141DRM' moo JAN 20 AGENDA - EXN/8/T No' I �- &wcRenOAKintIM To: Mayor and Council Members From: Lane Gamiotea, City Clerk/Personnel Administrator Subject: 2009 Grievance Committee Date: January 15, 2009 The following employee's were elected by their appropriate departments as a representative to the 2009 City Grievance Committee. Approval of the committee is required. DEPARTMENT REGULAR MEMBER ALTERNATE MEMBER Admin/Clerk/Fin/Gen Sery Melisa Eddings Sharon Allison Fire Billy Douglas Mitch Brydebell Police Bill Saum Phillip "Skip" Eddings Public Works Marvin Roberts Clint Gould Thank you. JAN 20 AGENDA - EXHIBIT NO. / 3 RESOLUTION NO. 09-03 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING AND REVISING RESOLUTION NO. 08-12, AUTHORIZING AND REQUESTING THAT THE ISSUES DENOTED HEREIN BE INCLUDED IN THE LEGISLATIVE DELEGATION TO THE FLORIDA LEGISLATURE FOR THE 2009 LEGISLATIVE SESSION. WHEREAS, the Okeechobee County Legislative Delegation is meeting in session on January 21, 2009; and WHEREAS, the City of Okeechobee Council is requesting that the Delegation introduce and support the requests made on behalf of the City, the County and Okeechobee Utility Authority (OUA). WHEREAS, the City of Okeechobee requests support from the Okeechobee Legislative Delegation of any funding that becomes available through State Appropriations and the Federal Stimulus Package. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1. That the City of Okeechobee urges Governor Charlie Crist and members of the Florida Legislature to support legislation during the 2009 legislative session: • Stormwater Retrofit Section 2. That a copy of this Resolution shall be provided to Governor Charles Crist, and members of the Florida Legislature. INTRODUCED AND ADOPTED in regular session this 20th day of January, 2009. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Resolution 09-03 Page 1 of 1 James E. Kirk, Mayor