248-R Diamond R FertilizerA T E Novgter 9, 1988
'E T I T I ON # 248 -R
NOTICE SENT November 28. 1988
ADVERTISEMENT (11- 25 -88) & (1Z2-88)
IANNING COMMISSION HEARING DATE - PLANNING COMMISSION/
BOARD OF ADJUSTMENTDecember 13. 1988
HEARING DATE BOARD OF COUNTY
COMMISSIONERS Irember 15 1988
UNIFORM LAND USE APP ICAT OfUI�I � �1 Q : t c 0241 'c
ENERAL NATURE OF REQUEST:
XXX Rezone of Land Variance
Zoning Ordinance Change E. Special Exception
Appeal of decision of Zoning Administrator F. Other
OARD OF ADJUSTMENT & APPEALS
EE PAID 125.00/ REC #005231
D.
OTICE: PAYMENT OF FEE MUST ACCOMPANY THIS APPLICATION ALONG WITH PROOF
OF OWNERSHIP. (land deed, tax receipt, etc.)
. Full name of owner of property Diamond R. Fertilizer Company, Inc.
Name of applicant if other than owner Ben E. Burdeshaw
Relationship to owner: Vice President agent; attorney
. Mailing address for notification Ranch Fertilizer Div. of Diamond R,
710 N.E. 5th Ave. Okeechobee, Fla. 34972 Telephone #813-763-2158
. Legal description of property involved (as found in official records):
Attach additional sheets if necessary.
Street address and /or descriptive location of property: 702 N.E. 5th Ave. Okee.
=ZONE OF LAND
Proposed change Zoning Classification from (I) Industrial to
(C -I) Commercial 1 w /special exception.
. Are there improvements on the property at this time?
. How is the property being used at this time? Parking
NO
Would any present use of the property be considered a violation of Zoning
Ordinance 74 -1, or any other Ordinance or Code of the County of Okeechobee?
NO
please state nature of the violation: '
. If yes,
Do you wish to appear and make a presentation before the Planning Board
and the County Commission at the necessary public hearing? YES
Have you within the last year made any application for any variance,
special exception, or zoning change which included any or all of the
property described in paragraph 4 above? NO If the answer is yes,
please state name such application was filed under (if different from
above), the date and nature of such application:
hereby certify that I am the legal owner of the above described property
that I am the attorney or agent of the legal owner. I further certify
at the above answers and information on this application are true and correct.
Sign Oe� 2Wt! .J
NY . 248
Ben E. BURDESHAW- 248 -R
OKEECHOBEE COUNTY
Building & Zoning Dept.
303 N. W. 2nd St.
Okeechobee, Florida 33472
Phone 813/763 -5548
NOVEMBER 1988
NOTICE: A hearing will be held before the Planning Commission on December
13, 1988 to consider a rezoning from the existing classification of (I)
Industrial to Commercial I (C -I) and to consider a Special Exception to al-
low inclusion of living quarters above office to provide for security
of the property on the following described property;
Lot# 18 of Block 53 in the City of Okeehcobee, Florida.
PUBLIC HEARINGS IN RELATION TO THE ABOVE DESCRIBED PROPERTY WILL BE HELD AS FOLLOWS:
The FIRST hearing will be held before the Okeechobee County and City Plan-
ning Commission and Board of Adjustment on Tuesday, December 13, 1988
at 7 :30 P.M. in the County Commission Meeting Room Okeechobee County
Courthouse, 304 N.W. 2nd Street, Okeechobee, Florida.
The SECOND hearing will be held before the City Council on Tuesday, December
20, 1988 at 2 :00 P.M. in the City Council Room, City Hall, Okeechobee,
Florida.
ALL PARTIES IN INTEREST AND CITIZENS SHALL HAVE THE OPPORTUNITY TO BE
HEARD AT THE FIRST HEARING AND SECOND HEARING.
If any person decides to appeal any decision made by the Okeechobee County
Planning Commission, City Council, or the Board of Adjustment with respect
to any matter considered at such meeting, he will need to ensure that a ver-
batim record of the proceedings is made which includes testimony and evidence
upon which the appeal is based.
Walter B. Taylor
Zoning Administrator
Ben E. Burdeshaw- DIAMOND FERTILIZER COMPANY INC. - APPLICATION# 248 -R & 235 -S
PUBLISH IN THE OKEECHOBEE NEWS: NOVEMBER 25, 1988 & DECEMBER 2, 1988.
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r)ATF November 9, 1988
r'ETITION 11235 -S
30ARD OF ADJUSTMENT & APPEALS
-EE PAID 125.00/ REC# 005231
,ENERAL NATURE OF REQUEST:
A.
3.
JOTICE:
Rezone
Zoning
Appeal
NOTICE SENT November 28, 1988
ADVERTISEMENT (11- 25 -88) & (12 -2 -8J
HEARING DATE - PLANNING COMMISSION /'
BOARD OF ADJUSTMENT December 13, 1988
HEARING DATE BOARD OF COUNTY
COMMISSIONERS
UNIFORM LAND USE APPLICATION
of Land
Ordinance
of decision of
D.
E.
Zoning Administrator F.
XXX
Variance
Special Exception
Other
PAYMENT OF FEE MUST ACCOMPANY THIS APPLICATION ALONG WITH PROOF OF
OWNERSHIP. (land deed, tax receipt, etc.)
• Full name of owner of property
Diamond R. Fertilizer Company, Inc.
Name of applicant if other than owner
Relationship to owner: Vice President
Ben E. Burdeshaw
Mailing address for notification
agent; attorney
710 N.E. 5th Ave. Okeechobee, Fla. 34972
. Legal
Tel ephone# 813- 763 -2158
description of property involved (as found in official records):
Attach additional sheets if necessary.
Lot #18, Block 53, City of Okeechobee.
. Street address and /or descriptive location of property:
702 N.E. 5th Ave. Okeechobee. Fla,
PECIAL EXCEPTION
. Please state nature of special exception desired and reason(s) why it
is desired. Allow inclusion of living _quarters above office tn_provide far & security
of property.
Please state
_.xception is
hereby
re true
the Zoning Ordinance Section under which the special
sought. Ordinanrp R7 -1 Ac cpprifipd within the INIFNT for the C -L
7nning.pictrirt_
certify that the above answers
and correct.
N4' '...23g
BEN E. BURDESHAW APPLICATION # 235 -S
and information on this application
Sign 11� zietieja li
Plan. Walter Taylor stated that in order to rezone property, there
is a fee, legal ads have to be run in the news paper, and adjoining
land owners have to be notified. Chairman Williamson stated that
this will take some time to rezone the area and its something that
will have to be looked into. County Attorney Curren stated that
he and Mr. Taylor will look into this and report back to the Plan -
nig Commission at the next meeting. Jerry Bryant withdrew his motion.
PETITION # 247 -R JULIAN LEGGETT - AC to RSF.
Mr.
Lester Jennings
came before the Board to represent the Petition.
He presented a site plan to the Board. He stated that Mr. Leggett
is a client of his and that he is representing Mr. Leggett. Mr.
Jennings stated that his client has some property in the area of
S.E. 18th Way by Bet -Her Acres. He would like to have the land
rezoned from Agricultural Conservation to Residential Single Family.
He may split this land into two parcels later. He proposed a private
road to go into the property. He explained that the area around
the property is Rural Residential, Residential Single Family, and
Agricultural Conservation. Mr. Jennings stated that he can not
see any reason not to rezone the subject property. There was some
discussion on the drainage. There were no letters and no comments
from the audienc. After all factors were considered, Jerry Bryant
made a motion to recommend approval. Seconded by Dan Delagall.
The vote was unanimous to recommend approval.
PETITION # 248 -R DIAMOND FERTILIZER (Ben Burdeshaw) I to C -I.
Chairman Williamson stated that he is a director for the Diamond
Fertilizer Company and he felt that he should not participate in
the conversation or the voting of application # 248 -R. Mr. Ben
Burdeshaw came before the Board the represent the Petition. He
stated that Diamond Fertilizer Company would like to put a 30'
X 60' office building on their lot. The Health Department will
not allow a permit for a septic tank in Industrial Districts. He
explained that they would like to rezone the lot to Commercial -
I, so that they can get a clearance from the Health Department
and put the office building on the lot. There was some discussion.
Dan Delagall stated that he felt the office would be a beautiful
asset to the property. There were no letters and no comments from
the audience. After Dan Delagall made
all factors
were considered,
a motion to recommend approval of the rezoning. Seconded by Jerry
Bryant. The vote was 5 Yes and 1- abstention.
Jerry Bryant suggested to go ahead and process Mr. Burdeshaw's
special exception so that he would not have to wait. Chairman
Williamson
stated that asked Attorney Curren
process this
and not the
Board could
application while the Board is
Board of Adjustment. Attorney
how
the Board
could
the Planning Commission
Curren
recess the Planning Commission,
then
stated that the
convene as the
Board of Adjustment, and then recess ba( to the Planning Commission.
It was the consensus of the Board to recess as the Planning Com-
mission and reconvene as the Board of Adjustment.
DRAFT
PETITION # 235 -S DIAMOND R. FERTILIZER (Ben Burdeshaw)A11ow Inchsicx)
of 1 ivirx3 ql t s lope office to �nyvir.� for sear-ity of ,
Mr. Ben Burdeshaw came before the Boa-1 to represent the Petition.
He stated that Diamond Fertilizer has had alot of problems with
security. They would like to have an employee live above the office
building for security purposes. He stated that they have thought
about putting a trailer on the lot, but the trailer would take
up too much space. There were no comments from the audience and
no letters received on this application. After all factors were
considered, Dan Delagall made a motion to grant to special except-
ion. Seconded by Chris Hooker. The vote was 5 yes and 1- abstention.
The Board recessed as the Board of Adjustment and reconvened as
the Planning Commission.
PETITION # 249-R - JONCE COLE - (By Ojrtee Cbtx-Ity<brrecticn of Zoning ]as) ?C tea'
Mr. Taylor explained that there is a parcel of land on 70 East
that is classified on the zoning atlas as commercial. This parcel
#4 is Mr. L. B. Starnes home. The other parcel is Mr. Jonce Cole's
property which should be Commercial -II and is classified on the
zoning atlas as Agricultural Conservation. This is a mix up on
the zoning atlas that needs to be corrected. Mr. Taylor stated
that he varified this through some tax records. Mr. Taylor has
talked with Mr. Starnes and he has no problem with the correction
of the zoning atlas. There were no letters and no comments from
the audience. Jerry Bryant made a motion to recommend approval.
Seconded by Dan Delagall. The vote was unanimous to recommend approval.
The Planning Commission was adjourned.
THE BOARD OF ADJUSTMENT RECONVENED DIRECTLY THEREAFTER DECEMBER 13,1988
New Business:
PETITION # 234 -S FRANK F. SEDER - Zb alcw a mmy 1in,;t ivity
in crnjusicti n with alirninm sales business.
Mr. Taylor stated that Mr. Seder called and requested that the 4/
application be withdrawn. It was the consensus of the Board to
withdraw the application as Mr. Seder requested. 1
PETITION # 236 -S LOVELLE BUFORD -'Ib allow the branding and nalsing of miims
far fishing bait in the IC acing District.
Ms. Buford came before the Board to represent the Petition. She
presented a site plan to the Board. There was some discussion on
safety as far as the entrance and exiting the property. There was
some discussion on the conditions that may be set on this petition.
There were no letters and no comments from the audience. It was
the concensus of the Board to set the following conditions: (1)
CITY OF OKEECHOBEE
CITY COUNCIL MEETING
December 20, 1988 - 2 :00 P.M.
SUMMARY OF CITY COUNCIL ACTION
A. Call meeting to order.
B.
C.
D.
Invocation offered by the Reverend Arlie Ball;
Pledge of Allegiance led by Mayor Chapman
Mayor and Council attendance:
Mayor Oakland Chapman
Councilman Nick Collins
Councilman Andy Rubin
Councilman Oscar Thomas
Councilman Dowling Watford
Staff attendance:
City Attorney Cook
City Administrator Drago
City Clerk Thomas
Deputy Clerk Kogut
Motion to dispense with reading and approve the Summar
of Council Action for the regular meeting of November
15, 1988.
COUNCIu11BERS /ACTION
Mayor Chapman called the meeting to order at 2:00
P.M.
Reverend Ball.
Mayor Chapman.
Present
Present
Absent
Present
Present
Present
Present
Absent
Present
Motion by Councilman Watford to dispense with
reading and approve the Summary of Council
Action for the regular meeting of November
15, 1988, seconded by Councilman Collins.
Chapman
Collins
Rubin
Thomas
Watford
Motion carried.
E. Motion to approve warrant registers for November:
General Fund $ 48,023.01
Public Utilities 105,651.43
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON
TODAY'S AGENDA.
F. OPEN PUBLIC HEARING FOR REZONING:
1. Consider Petition 4248 -R from Ranch Fertilizer,
Division of Diamond R. Fertilizer Co., Inc. for
the rezoning of property located at 702 N.E. 5th
Avenue from Industrial to Comercial I. (Exhibit
1 - recommended by the City /County Planning Board)
COUNCIL ERS /ACTION
Motion to approve the warrant registers for
November by Councilman Collins, seconded by
by Councilman Watford.
Chapman
Collins
Rubin
Thomas
Watford
Motion carried.
Mayor Chapman asked if there were any
additions, deletions or items to be
withdrawn from the agenda. Administrator
Drago stated Item #11; request of Mr.
Richard Ward of Hunt Real Estate for water
and sewer allocation, should be withdrawn
from the agenda.
Motion by Councilman Thomas to approve the
rezoning of Petition #248 -R (property located
at 702 N.E. 5th Avenue - Ranch Fertilizer,
Division of Diamond R. Fertilizer Co., Inc.)
from Industrial to Commercial I, seconded by
Councilman Collins.
Mayor Chapman asked if there were any comments
or objections from the public in this matter -
there were none.
Chapman
Collins
Rubin
Thomas
Watford
Motion Carried.
X
Page Tw
VOTE
YES
NO
December 20, 1988
G. NEW BUSINESS
1. Motion to approve the appointment of Mr. Keith
Ellenbeckey as a new maintenance operator assigned
to the Public Works Department - Director of
Public Works.
2. Motion to approve the appointment of Glen Hodges a
a regular employee assigned to the Fire Department
Chief Tomey.
3. Motion to approve a partial pay request of
$53,397.02 to Dickerson - Director of Public
Works (Exhibit 2).
COUNCILrgtS /ACTION
Page Three
Motion by Councilman Collins, seconded by
Councilman Watford, to approve the appointment
Mr. Keith Ellenbeckey as a maintenance
operator in the Public Works Department.
Chapman
Collins
Rubin
Thomas
Watford
Motion Carried.
Motion to approve the appointment of Glen
Hodges as a regular employeee assigned to the
Fire Department by Councilman Watford,
seconded by Councilman
Collins.
Chapman
Collins
Rubin
Thomas
Watford
Motion Carried.
Motion by Councilman Watford, seconded by
Councilman Collins to approve partial pay
request ( #9) from Dickerson in the amount of
$53,397.02.
Administrator Drago stated that this request
was to cover the cost of the site pre-
paration, subgrade and base work for the
additional roads Council approved for 1988.
Chapman
Collins
Rubin
Thomas
Watford
Motion Carried.
COUNCIL MEMBERS
Nick Collins
Andy Rubin
Oscar Thomas
Dowling Watford, Jr.
010* OKEEC
♦2
City of Okeechobee
December 30, 1988
Okeechobee County Building Department
303 N.W. 2nd Street
Okeechobee, FL 34974
MAYOR
Oakland R. Chapman
CITY CLERK
Bonnie S. Thomas, C.M.C.
Attention: Walt Taylor
Re: Zoning Petition #248- R/235 -S
Ranch Fertilizer Company, Inc.
Division of Diamond R. Fertilizer Company, Inc.
Dear Walt:
Enclosed please find copies of the Minutes of the
December 20, 1988 regular City Council Meeting whereby the
Council approved the rezoning request of Mr. Burdeshaw for
the property located at 702 N.E. 5th Avenue (Lot 18, Block
53, City of Okeechobee) from Industrial (I) to Commercial-1
(C -I) with a Special Exception to allow living quarters
above the office.
Please do not hesitate to contact me if I may offer any
additional information in this matter.
Sincerely,
Bonnie . Thomas, CMC
City Clerk
BST /tk
Enclosures
55 S.E. Third Avenue • Okeechobee, Florida 34974 -2932 • 813/763 -3372