221-R BergerL
•DATE February 11, 1988 ` NOTICE SENT February 23, 1988
PETITION # 221 -R ADVERTISEMENT (2- 19 -88) & (2- 26 -88)
PLANNING COMMISSION HEARING DATE - PLANNING COMMISSION/
BOARD OF ADJUSTMENT March 8, 1988
BOARD OF ADJUSTMENT & APPEALS
FEE PAID $100.00 / Rec. #002753 HEARING DATE A(RBDXX14-XXXX)X1GIXX CITY COUNCIL
UPXMURVOMrRQ( April 5, 1988
UNIFORM LAND USE APPLICATION (9'2161-42"6(• W:57/1951
GENERAL NATURE OF REQUEST:
A. X Rezone of Land D. Variance
B. Zoning Ordinance Change E. Special Exception
C. Appeal of decision of Zoning' Administrator F. Other
NOTICE: PAYMENT OF FEE MUST ACCOMPANY THIS APPLICATION ALONG WITH PROOF
OF OWNERSHIP. (land deed, tax receipt, etc.)
1. Full name of owner of property PHILIP Y. BERGER
2. Name of applicant if other than owner
Relationship to owner: agent; attorney
3. Mailing address for notification P. 0. Box 158, Okeechobee, F1. 34973 -0158
Telephone # #(813) 763 -6411
4. Legal description of property involved (as found in official records):
Attach additional sheets if necessary. LOTS 9 & 10, Block 2, SOUTH OKEECHOBEE
5. Street address and /or descriptive location of property: 807 S.W. 2nd Avenue
REZONE OF LAND
1. Proposed change Zoning Classification from (RSF) RESIDENTIAL SINGLE FAMILY to
(C -Ij COMMERCIAL -I (permitted principal uses)
2. Are there improvements on the property at this time? YES
3. How is the property being used at this time? VACANT
{. 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 . I,f yes,
please state nature of the violation:
• 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
r that I am the attorney or agent of the legal owner. I further certify
hat the above answers and information on this apt ica ion are true an correct.
-�- Sign
NY .221
REZONE #221 -R PHILIP Y. BERGER
ETURr
rr^
This [Warranty decd ,gnat. fir(: 27th
d1)• Ul
WILSON SELPH and LOIS E. SELPH, his wife
hereinafter called the grantor, to
PHILIP Y. BERGER, a married man
tvhose poslofIfee cublress is P•0• Box 158
hereinafter , Okeechobee,
called file grander,:
(Whererer used herein du. term, ' tranbn" and -aiantre" inrlude all the parties to this instrument and
the heir, legal repre,entatise� and asistm of indisiduah a
January
34973
.1. 1) II) 88 I.v
IItnesseth. Thal the grantor, for and in consideration of the sure of $ 10.0
valuable considerations, receipt whereof is hereby acknowledged. 0
raises, releases, conveys and confirms, unto the grantee. all that certain land O sells, aliens.
County, Florida, viz: Okeechobee
Lots 9, and 10, Block 2, SOUTH OKEECHOBEE, subdivision to the City of
Okeechobee, according to ;the plat thereof recorded in Plat Book 1, Page
i2, of the Public Records of Okeechobee County, Florida.
Subject to restrictions, reservations, covenants and easements of record.
and the .ur,essor( and assigns of corporations)
and
other
re-
Together with all the tenements, hereditaments and appurtenances thereto belonging or in an -
Y
wise appertaining.
To Have and to Hold
]�j the same
End the grantor hereby covenants with said
in fee simple; that the in that the grantor is lawfully seized of said land
grantor has good right and lawful authority to sell and convey said land; that the
grantor hereby fully warrants the title to said land arid coil/ defend the same against the lawful claims of
all persons whomsoever; and that said land Is free of all encumbrances, except faxes accruing subsequent
to December 31, 1987.
in fee sintple forever.
in Witness Thereof, the said tartar g and sealed p
It has signed a►t sea ed these resents the day and year
first above written.
Signed, sealed and delvered In our presence:
• 1-e(-)t
n as
"WiEness .. ►
STATE OF
COUNTY OF
FLORIDA
•
wane sgi;Pi- 1- .....
�
w
L0/8 E. 5
1 HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
ar nowledsmrnts,. ',lists-1114 appeared
,,,,,WILSQ)V SELPH and LOIS E. SELPH, his wife
io••nie. kno, n "to be the persons described in and who executed the
ego.; instto rile nt and they acknowledged before me that
y they
C.ixe`uUidt the' 41'4.
t 1 • 74 'WI!JNES$ my hand and official seal in the County and
r Staie'r last aforesaid this
• J day of
r . Anuary ( , A.
f N* p.. •SE L j' ..
► a l'o or a at Large.' . •
SPACE a(tOW FOR RECORDERS USE
T0,, ry bis Ott l id
/her /nsIrun(rnl prepa1ed /y: My Commission Expires: i• -_ jarker#, 119:113:r. R. L721; ri,� Jr4 :� :c . ',sets Company h, J ti,:CUa._i�(u ,;,SUS jut d
:., :. , ...., i I :; , , as a neces-
sary Incident to the Issuance of title Insurance,
OKEECHOBEE COUNTY
Building & Zoning Dept.
303 N. W. 2nd St.
Okeechobee, Florida 33472
Phone 813/763 -5548
MARCH 1988
REQUEST FOR CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION:
NOTICE: A hearing will be held before the Planning Commission on March
8, 1988 to consider a rezoning from the existing classification of (RSF)
Residential Single Family to (C -I) Commercial -I on the following described
property:
LOTS 9 and 10, BLOCK 2, SOUTH OKEECHOBEE, subdivision to the
City of Okeechobee, according to the plat thereof recorded
in Plat Book 1, Page 12, of the Public Records of Okeechobee
County, 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 Planning
Commission on Tuesday, March 8, 1988 at 7:30 P.M. in the County Commission
Meeting Room, Okeechobee County Courthouse, 304 N.W. 2nd Street, Okeecho-
bee, Florida.
The SECOND hearing will be held before the City Council on Tuesday,
April 5, 1988 at 2:00 P.M. in the City Council Room, City Hall, 55 S.E.
3rd Avenue, Okeechobee, Florida.
ALL PARTIES IN INTEREST AND CITIZENS SHALL HAVE THE OPPORTUNITY TO BE
HEARD AT THE FIRST HEARING AND THE SECOND HEARING.
If any person decides to appeal any decision made by the Planning Commis-
sion /Board of Adjustment with respect to any matter considered at such
meeting, he will need to ensure that a verbatim record of the proceedings
is made which includes the testimony and evidence upon which the appeal
is based.
Walter Taylor
Zoning Administrator
PHILIP Y. BERGER : Application #221 -R.
PUBLISH IN THE OKEECHOBEE NEWS: Feb. 19, 1988 & Feb. 26, 1988.
JW
7
50 -
;6 5
413
1 6
2
-.7 8 I 9 10
5d -
12
54
10
50' • 50' 5 4 3 2 1
1
ROAD
F IC
0
u.
no
50
6
5
4
3
167
2
50'
IN
1
7 8 9 10 it 12 5d - • • , sQ•
SECOND
50 7� 5 4 3 2 I
{ b
:7 8 9 10II
THIRD
5
4
3 2
11
50'
12
k
8
9 110111
12
11 II/
50'
1z
7
^:70
6
- .
5
4
237
-
3
2
•0• ,
•
•
r
117•
..
n
3
..
aO
n
7
8
9
10
11
12
7
8
9
10
II
12
10
..
. -
50
50 -
;6 5
413
1 6
2
-.7 8 I 9 10
5d -
12
54
10
50' • 50' 5 4 3 2 1
1
ROAD
F IC
0
u.
no
50
6
5
4
3
167
2
50'
IN
1
7 8 9 10 it 12 5d - • • , sQ•
SECOND
50 7� 5 4 3 2 I
{ b
:7 8 9 10II
THIRD
5
4
3 2
11
50'
12
k
8
9 110111
12
51413
104
2
50' I.
9 10 II
12
7
8 9 10 I 1
so
FIFTH
.ae
7
5
4 3
2
•7
8
9
50 • 50
SIXTH
50-
W
z
W
>
4
_
4-
lipir
GU
amFgagag
M MMM
SOUTH
111111
1343
lis1511;131211
k ad8 9 10 II 17
• 59•
5 4 3 2
7
li 7
8
9
10
11 II/
irsd
4
50'
3 2
AT
w5
wic
4_
N
0
W 4
0
0
PARK
ea
ISTREE
50
6 5 4
so
3 2 I
STREE
5d
„6 5
7
7 8
4
3
r
2
5d
"310
9 II
41
42412'7
71575
1425
8
2
9
3
'VACATED 4 '
11 5
12'ia_142
' :ET
4
5
5
50
7
6
-
5
-
4
236
-
2
50'
1z
7
^:70
6
- .
5
4
237
-
3
2
•0• ,
•
•
r
117•
5-
R n.sv ��Q` 2t/ -VSF To
7
-5
8
9
l0
11
IZ
STREET
>
4
50 50
3 •
.1111
R 71424
1425'2
9
' 10
I I
2
3
4
5
R 12,.15 SO
2 7450
R
2 RI
10
111
50
ET
142 5
I 'R
2
3
4
5 '
1425'6
ET
475
475
2.8 •' U 2
PARROTT
W 3
4
V
-
77
8
9
10
7
8
9
10
11
12
SO'
..
..
..
..
aO
51413
170
2
LI 74 2 5
8
9142
10
5
7
141.Y8
.7141
5
6
8
420
R 4
5 3
161
212
2
7 8 9 to ll 12 7 1
1
50'
0
NORTH
500
3
500
W
171
4
b1
4 3 2
zrlZ
-
77
8
9
10
1 112-
p'
•
!0
SOUTH
p'
8
11
so
5
9
4
9
3
10
2
11
to
1.5
1
121
p'
0
IY
_
F-
SOU11
S0
6 S 4
i
THI
p'
6
1
7
SO
5
8
9
5d
8
5
4
3
2
1
1
55
p
6
5
4
8
9
0
11
12
s0
8
50
SOUTH
FIFI
6
1- 7
N
47 5
7
A 8
9
475
1
t- R 7145
3
4
CIEIN
7142.5
8
9
5
142 s6
141
51
2
3
10
' II
12,Q 5
4
5
141 56 .R
ELEVENTH
Orlin
2
9
10
4
4102
R 7141
8
9
• 10
1142 5
it 7r4i7 1"TB
• 8
9
• 10
2
0
' II
12,455
3
4
5
142f'6
7
8
141.5 111 5
2
9
10
5
R 126145.5
STREET
7141.1' 1 142 5'1'21
8
AN ENUE
ACATI D,,
4 C'
42 AL
5 4 3 2 I �Y 16 5 4
.,�_�a V C
'ICI IS
SOUTH
50
5 4 3 2
VACATE[)
-7
30'
9
10
12
SOUTH
5o
14 p
5 4 3 2
VAC�TE4J
50
17
s0
SIXT
0�
32 )
H
DRA1,.1
THE OKEECHOBEE COUNTY PLANNING COMMISSION MARCH 8, 1988
The Okeechobee County Planning Commission met in regular session
on Tuesday, March 8, 1988 at 7:30 P.M. in the County Commission Meeting
Room, Okeechobee County Courthouse, Okeechobee, Florida.
Chairman Frank Williamson, Jr. presided with the following members
present: John Cook, Dan Delagall, Chris Hooker, Robert Hoover, and
Roger Jones. Also present were County Attorney Ed Curren, Zoning Admin-
istrator Walter Taylor, Secretary Norma Williams, Liaison Commissioner
Jack Williamson, and Liaison Councilman Dowling Watford.
Chairman Williamson asked the County Attorney to explain the proce-
dure for sending information to the Site Plan Review Committee when
they were reviewing a proposed development. He stated that during the
meetings that were held for consideration of the Mariner Enterprises
for the development of the 8 -story complex the developer had agreed
to some things which were not mentioned in the official minutes.
County Attorney Curren explained that the secretary could listen
to the tapes for those minutes and transcribe all pertinent information
and then submit it in the form of a memorandum.
After discussion Dan Delagall made a motion to accept the minutes
of February 9, 1988 as drafted. Seconded by Chris Hooker. The vote
was unanimous.
Roger Jones made a motion to accept the minutes of the Workshop
on March 1, 1988. Seconded by Chris Hooker. The vote was unanimous
to accept the minutes as drafted.
County Attorney Ed Curren read the factors in Section 16 (5) for
the Planning Commission to consider in each of the following applications
for rezoning.
New Business:
PETITION #219 -R - OKEECHOBEE HOMEOWNERS ASSOC., INC. - AC to RG w /Sp:Ex.
Mr. Carl Strickland came before the Board to represent this petition.
He explained that the subject property is located off of Hwy. 710 across
Mosquito Creek. The property was bought from Mr. McPherson with road
right -of -way deeded to the property. The Department of Transportation
(DOT) is working with the owners now in order to put a culvert in and
allow access to the subject property. He stated that the project will
have a 40 X 60 building in order to conduct their meetings.
Chairman Williamson explained that the owners were requesting the RG
zoning in order to request the listed Special Exception for a private
non - profit club.
Mr. Strickland presented a site drawing of the subject property and
stated there were 60 parking spaces available.
right -of -way to be used for the road.
After all factors were discussed Chris Hooker made
Approval of the request. Seconded by Robert Hoover.
There were no letters and no questions or comments
The vote was unanimous to Recommend Approval.
Chairman Williamson explained that Mr. Strickland
There is a 70 foot
a motion Recommend
from the audience.
had requested not
to be present at the presentation of the Special Exception, so if the
Board has no objections it could be heard without representation.
It was the concensus of the Board that there would be no need to have
someone present as the Board knew what was desired.
PETITION #221 -R - PHILIP Y. BERGER - RSF to C -I (permitted principal uses)
Mr. Phil Berger came before the Board to present his petition. He
explained that he did not know that he was to bring drawings for the
Board to review. He drew a picture of the subject property in relation
to his existing business location. He explained that his business
needed to expand their accounting office which would include the legis-
tical part of the office, the computer office and storage.
There were no letters of objection and no questions or comments from
the audience.
After all factors were considered Roger Jones made a motion to Recommend
Approval. Seconded by Robert Hoover. The vote was unanimous to Recom-
mend approval.
PETITION #222 -R - LUKE PLATT - RSF,AC,& RM to RMH w /Sp.Ex.
Luke Platt came before the Board and presented a site drawing for
their review.
Chairman Williamson explained that the subject property was located
on the old Norman Loop Road.
Mr. Platt explained that on March 12, 1987 he had requested and received
a zoning change on the front part of his property from AC to RSF in
order to build some homes on, but he had had problems selling the proper-
ty. He continued to explain that he felt if the zoning were to be
changed to RMH he would be able to develop the subject property and
•
sell it easier.
The following people voiced their opposition: Mr. Billy Lewis, Ms.
Jill Bompart, and Mrs. Tracey Haberlandt. Their concerns were as follows:
(1) Devalue the surrounding property, (2) Do not want the development
to adversely affect the area with an increase in density, (3) Want
to preserve character of the existing life style in area, (4) If allowed
to develop the existing roads would not be adequate to handle the in-
crease in traffic.
Mr. Platt explained that if the Board should decide that they did not
want to rezone as requested, then he would like to keep the existing,
zoning of RM. He explained that with the existing RM zoning he could
basically do what he wanted anyway, but he wanted to expand it to in-
clude the front piece and the northern piece. He stated that he under-
stood why no more RM zoning was being granted and that was the reason why
he needed to go to the requested RMH zoning with the requested Special
Exception for the development of a mobile home subdivision. He continued
to explain that the persons in opposition had been fully aware of the
area when they bought their property. He stated that he felt his pro-
posed development would not devalue the surrounding properties as there
were mobile homes already in existence in the area. Four Seasons Estates
is located just west of the subject property with High Point Subdivision
on the East of it.
Chairman Williamson explained that if Mr. Platt desired to retain his
Ni
-2-
A. Call meeting to order.
CITY OF OKEECHOBEE
CITY COUNCIL MEETING
APRIL 5, 1988 - 2:00 P.M.
SUMMARY OF COUNCIL ACTION
COUNCIIIERS /ACTION
Meeting called to order at 2:00 P.M. by Mayor
Chapman.
B. Invocation offered by Father Hugh Duffy Offered by Councilman Watford.
Pledge of Allegiance led by Mayor Chapman
C. Mayor and Council attendance:
Mayor Oakland Chapman Present
Councilman Nick Collins Present
Councilman Andy Rubin Present
Councilman Oscar Thomas Present
Councilman Dowling Watford Present
Staff attendance:
City Attorney Cook Present
City Clerk Thomas Present
City Administrator Drago Absent
Deputy Clerk Williams Present
D. Motion to dispense with reading and approve the Summary
of Council Action for the regular meeting of March 15
and the recessed meeting of March 22, 1988.
Motion by Councilman Collins, seconded by Council-
man Rubin.
Chapman
Collins
Rubin
Thomas
Watford
Motion carried.
YESVOTE
NO
ABSENT
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS
ON TODAY'S AGENDA.
OPEN PUBLIC HEARINGS FOR REZONING PETITION:
1. Consider Petition 221 -R for rezoning from Residential
Single Family (RSF) to Commercial - I (C -1). Property
is located at 807 S.W. 2nd Avenue (Lots 9 and 10,
Block 2). Exhibit 1. (City /County Planning and
Zoning Commission recommended approval).
CLOSE PUBLIC HEARING.
OLD BUSINESS:
OPEN PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION:
1. Motion to read by title only Ordinance 601 amending
the City of Okeechobee, Florida, Code of Ordinances;
providing for the transfer of certain responsibi-
lities previously assigned to the office of the City
Clerk to other departments of the City. (Exhibit 2).
Motion to adopt the final reading of Ordinance No.601
amending the City of Okeechobee, Florida, Code of
Ordinances; providing for the transfer of certain
responsibilities previously assigned to the office of
the City Clerk to other departments of the City.
COUNCILMErBERS /ACTION
Mayor Chapman stated there were a few pay requests
to be discussed under New Business.
VOTE
YES
ABSENT'
Motion by Councilman Thomas, seconded by Councilman
Collins to approve the rezoning request.
Chapman
Collins
Rubin
Thomas
Watford
Motion carried.
Attorney Cook explained that he would need more
time to study the ordinance before he would be
able to agree with Attorney Bryant or Attorney
Mullis' opinions concerning the City Clerk's
duties, powers and authority which is involved
in the ordinnaces.
Motion by Councilman Thomas to table the ordinance
until the next meeting, seconded by Councilman
Rubin.
Chapman
Collins
Rubin
Thomas
Watford
Motion carried.
Tabled
X
X
X