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205-R First Federated SB• DATE JULY 31, 1987 NOTICE SENT August 24, 1987 r -z PETITION 11 205 -R ADVERTISEMENT- (8- 21 -87) & (8- 28 -87) PLANNING COMMISSION BOARD OF ADJUSTMENT & APPEALS FEE PAID $100.00 / Rec. #001079 HEARING DATE - PLANNING COMMISSION/ BOARD OF ADJUSTMENT September 8, 1987 HEARING DATE MVAIOXXAfXXONUON(KX CITY COUNCIL ROXIMMUMNIKREX October 6, 1987 (/ .LGU /WI?. UNIFORM LAND USE APPLICATION GENERAL NATURE OF REQUEST: A. X Rezone of Land D. B. Zoning Ordinance Change E. C. Appeal of decision of Zoning Administrator F. Variance Special Exception 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 FIRST FEDERATED SAVINGS BANK 2. Name of applicant if other than owner JEFF THOMAS Relationship to owner: X agent; attorney 3. Mailing address for notification Thomas @2006 N. 37th St.,Ft.Pierce AND Bank @305 N. E Park St.- #101, Okee. Telephone # (813) 467 -4000 4. Legal description of property involved (as found in official records): Attach additional sheets if necessary. LOTS 3 and 6, Block 26, of the City of Okeechobee, P.B. 5, Page 5. — - 5. Street address and /or descriptive location of property: 1002 N.W. 9th Avenue REZONE OF LAND 1. Proposed change Zoning Classification from (RG -1) RESIDENTIAL GENERAL -1 to (C -II) COMMERCIAL -II permitted principal uses. 2. Are there improvements on the property at this time? NO 3. How is the property being used at this time? Vacant 4. 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 . If yes, please state nature of the violation: 5. Do you wish to appear and make a presentation before the Planning Board and the County Commission at the necessary public hearing? Yes 6. 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: I hereby certify that I am the legal owner of the above described property or that I am the attorney or agent of the legal owner. I further certify that the above answers and information on this application ar��!� correct. NY 205 Sign REZONE #205 -R FIRST FEDERATED SAVINGS BANK OKEECHOBEE COUNTY Building & Zoning Dept. 303 N. W. 2nd St. Okeechobee, Florida 33472 Phone 813/763 -5548 SEPTEMBER 1987 NOTICE FOR CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION: NOTICE: A hearing will be held before the Planning Commission on Tuesday, September 8, 1987 to consider a rezoning from the existing classification of (RG -1) Residential General -1 to (C -2) Commercial -2 on the following described property: LOTS 3 and 6, BLOCK 26, CITY OF OKEECHOBEE as recorded in Plat Book 5, Page 5, Official 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 Planning Commission of Okeecho- bee County, Florida on Tuesday, September 8, 1987 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, October 6, 1987 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 FIRST FEDERATED SAVINGS : Application #205 -R. PUBLISH IN THE OKEECHOBEE NEWS: August 21, 1987 & August 28, 1987. 2 9 5.7 8 20 374 19 50 20 575 3 50 2 373 3 2 572 111 W z z W 7- z w 7- FOURTEENTH 13 9 12 II 10 9 50 io "0 7 6 5 4 3 • 150 2'1 111111110-iii TWELFTH W z W 13 12 11 ELEVENTH 10 9 8 • 7 bpa •.2 Fetid 6 'AIM C7 R 14 so' 15 _ 16 17 14 50 15 .. 16 .. 17 . 18 - 19 50 20 70 2122 30 4 23 24 25 26 90'. • 5 111111110-iii TWELFTH W z W 13 12 11 ELEVENTH 10 9 8 • 7 bpa •.2 Fetid 6 'AIM C7 R 14 so' 15 _ 16 17 18 19 20 21 ift 23 24 25 9 26 TENTH 12 11 10 9 7 8 9 10 11 9 12 r- z z Idl t l��#]�3lC:�C lC�l ts� utiDtruntd SEABOARD 11'76 12 13 14 • 1 411 C 19 EIGHTH 423 I 2 3 4 i 9 L.21.2211: 14,10 • 11423 12 13 14 15 16 17 18 19 201.2.e 142 2 3 6 7 9 142110 • 11 IMMO, to 70' 30 13 12 I1 10 9 8 7 6 5 4 3 2 1 14 15 16 17 18 19 20 21 22 30 50' 20 30 23 24 125 I 26 s0' 0 2 1 113\ 1211 110\ 9 8 17 6 15 I4 k 3 I I1 3o 6 5 4 3 2 1 S 9 minim 8 11 12 s0' W W W 9 0 1 Al O 5 1b I ' p 2 4 5 42 5 130' gi 12 13 47, 10 9 475" 8 14 15 9 161.2, 70 7 R 17 475 18 19 475, 5 50' 6 4 2 30' •1 20 70 2122 50 - 23 24 25 0 26 s0 • 11423 12 13 14 15 4 -- 12 13 14 15 6 1473 475 '• 10 9 R 473 8 17 I0 70' 30' 7 6 1, 1B 19 20 • 9 8 7 5 4 3 2 1 9 21 22 23 24 25 9 26 6 5 4 3 2 9 17 .73 18 191 20 475' 70 21 50 22 23 24 25 26 30 5- 47' • 1 Y 475 8 70' 7 'b' 6 5 1. ... • 2 50 1 3 w. 13 12 11 10 9 8 7 6 5 4 3 2 1 9 I[s X19 9 14 15 16 17 18 19 20 21 22 23 24 25 26 39' .. . 30 70' 30 - - -. . 30' to 70' 30 13 12 I1 10 9 8 7 6 5 4 3 2 1 14 15 16 17 18 19 20 21 22 30 50' 20 30 23 24 125 I 26 s0' 0 2 1 113\ 1211 110\ 9 8 17 6 15 I4 k 3 I I1 3o 6 5 4 3 2 1 S 9 minim 8 11 12 s0' W W W 9 0 1 Al O 5 1b I ' p 2 4 5 42 5 130' gi 12 13 47, 10 9 475" 8 14 15 9 161.2, 70 7 R 17 475 18 19 475, 5 50' 6 4 2 30' •1 20 70 2122 50 - 23 24 25 0 26 s0 • 11423 12 13 14 15 4 -- 12 13 14 15 6 1473 475 '• 10 9 R 473 8 17 I0 70' 30' 7 6 1, 1B 19 20 • 9 8 7 5 4 3 2 1 9 21 22 23 24 25 9 26 6 5 4 3 2 9 17 .73 18 191 20 475' 70 21 50 22 23 24 25 26 30 5- 47' • 1 Y 475 8 70' 7 'b' 6 5 4 3 • 2 50 1 3 12 r 13 14 A 2 3 . 45 4 AIR 150 2 2 3 4 64 04 0 2 J K W 4 900 34. 6 2 7 .. 8 9 uo' 2 13O '2 1 750''_1 2 4 5 2 102 4 75 130' 2 f- 3 9 111423 12 13 14 1DU120��r rya• } 11425" 12 13 14 • 15 E • 16 H23'1 2 3 4 E s s 6 ; 17 • 18 19 • 20..2, 4" 5" a St 9 5 C -4 7 U —e 9 914 1411 7 8 9 .44710 T 3 2 475 3 2 • :r32earws 10 11 9 12 8 a 1455 142 3 5 111 ISM 3 2 I 111.2 5 12 13 14 15 6 • 16 1 I7 18 '19 201453' 1•23 I • 2 3 4 2 5 7 8 9 14.510 6 5 4 9 3 • i0 2 1 7- W ...22.1 .3 COED 6 5 4 3 2 1 the acce not be good Chairman Williams tackle a problem whi c Liaison Commissioner 70 feet wide and have at least road is a dirt DAFT road and does wash out quickly ich would a proposal such as the one proposed. stated that he didn't think county wanted to could be created by th roposed zoning change. Will : son" stated a county road has to be inch = of shell with adequate drainage provided in order to.be a county r Robert Hoover asked if .it w• - d po i bl a to set . !'Psi de ' more than- the 30 feet for the ingres and "egress. t Kenneth Arnold stated t maybe in the future it Euld be possible. After the Board c• sidered all the factors in Secti 16 (5), the vote was 4 no and yes, thus the motion to recommend approva .s Defeated. The Board expressed their concern that tie road problem needed to be resolved. PETITION #205 -R - FIRST FEDERATED SAVINGS BANK - RG -1 to C -II Mr. Jeff Thomas came before the Board to represent the petition. He explained that he is purchasing the subject property and plans to turn it into a funeral home. He needs the rezoning only on lots 3 and 6 and the other two lots are already zoned Commercial. He presented a site drawing of the subject property. There were no letters and no questions or comments from the audience. After the Board considered all the factors in Section 16 (5) then Dan Delagall made a motion to Recommend Approval. Seconded by Robert Hoover. The vote was unanimous to Recommend Approval. . PETITION # 206 -R - LeROY CHANDLER - AC to RR Dr Ms. Debbie Ellerbee came before the Board to represent the petition. She explained4 at her father, Mr. LeRoy Chandler, es to rezone the 5 acres to Ales•.dential Rural in order to.-p ace a mobile home on the property in the fu ar . The sub'0et property is located on Old Cantrell Road which is a public'rgad. She presented a petition contain- ing names from surrounding p erties`wb, had no objection to the peti- tion for rezoning.,59pcof the petition fo-llows.) DRAFT` SEP. 8 fief I t)R IAIDEREIMRD QQ„-ijQ1 NAPE A COMPLAINT PITH MDI. wart CNANDLIR REZONING PIPE 1 7 1 ACRES Or NI/ LAND PORN A/RICULtURAL TO R R / RURAL RESIDENTIAL ) i1Qtl[Q 3 li;R0e 198' REGULAR MEETING TUESL, _CORER 6, 1987 A. CALL TO ORDER The meeting was called to order at 2:00 P.M. B. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was offered by Mayor Oakland Chapman, followed by the Pledge of Allegiance. C. MAYOR AND COUNCIL ATTENDANCE: Mayor Oakland R. Chapman Present Councilman Nick Collins Present Councilman Andy Rubin Present Councilman Oscar Thomas Present Councilman Dowling Watford Arrived after roll call STAFF ATTENDANCE: City Attorney Bryant Present City Administrator Drago Present City Clerk Thomas Present Deputy Clerk Williams Present D. Motion to dispense with reading and approve the Summary of Council Action for the regular meetings September 1 and 15, special meetings Qf September 8 and 24, budget workshop of September 10 and budget hearings of September 14 and 21 Motion by Councilman Collins, seconded by Councilman Rubin. Vote - Councilmen Collins, Rubin and Thomas - yea. Motion carried. E. Motion to approve warrant registers for August and September in the amount of $371,560.49 for General Fund: $248,035.77 for the Water and Sewer Fund and $1,116,707.80 for Capital Proiects Fund Motion by Councilman Rubin, seconded by Councilman Collins to approve the warrant registers. Vote - Councilmen Rubin, Collins and Thomas - yea. Motion carried. F. REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. Administrator Drago requested partial pay request for Rock -A -Way be presented for approval under New Business. Council agreed. Councilman Collins requested the Department of Transportation members be allowed to address the Council concerning the new site for the Post Office following the scheduled public hearings. Council agreed. G. Open Public Hearing for Rezoning Request and Ordinance Adoption: 1. Consider Petition 203 -R for a rezoning request from Holding to Residential General -1 for property located at Block 32, lots 4 -7 inclusive Motion by Councilman Rubin, seconded by Councilman Watford to approve the rezoning request 203 -R from Holding to Residential General -1. Mr. William Kennedy addressed Councilman stating he wanted to build a home on the described property. Council discussed with Mr. Kennedy their concern with the property being very low, asking if the property had been declared as "Wet Lands ". Mr. Kennedy stated that he did not know whether the property had been declared "Wet Land." but he would check into it. Councilman Collins asked the Council what the City's position would be concerning the street, access for the fire trucks, etc. Attorney Bryant stated that we have the dedicated right of way there but anything that's not open but needs to be opened must be done by the developer at his expense. Council explained to Mr. Kennedy that he, as the property owner, would be responsible for the street being improved to meet City specifications. Councilman Watford stated he felt the Council did not feel the property should be rezoned, but what justification would the Council have to deny the request. Attorney Bryant read the checklist from the ordinance which specified what changes might create problems in rezoning. Following discussion Mayor Chapman asked for a vote on the motion to approve the rezoning request. Vote - Councilmen Watford and Rubin - yea. Councilmen Collins and Thomas - nay. Mayor Chapman yea. Motion carried. 2. Consider Petition 205 -R for a rezoning at from Residential General -1 to Commercial II permitted pra. al use Lor property located at 1002 N.W. 9th Avenue Motion by Councilman Rubin, seconded by Councilman Collins approving rezoning request 205 -R. Vote - Councilmen Rubin, Collins, Watford and Thomas - yea. Motion carried. 3. Motion to read by title only an ordinance amending the code of ordinances providing for a tax on electricity. bottled gas and telephone service Motion by Councilman Collins, seconded by Councilman Thomas for the ordinance to be read by title only. Vote - Councilman Collins, Thomas, Watford and Rubin - yea. Motion carried. Attorney Bryant read the title as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 15, ARTICLE I, SECTION 15 -1 TO PROVIDE FOR A TAX ON EACH AND EVERY PURCHASE, IN THE CITY, OF ELECTRICITY, BOTTLED GAS (NATURAL OR MANUFACTURED) AND LOCAL TELEPHONE SERVICE, ALL IN ACCORDANCE WITFI FLORIDA STATUTES, CHAPTER 166.231; PROVIDING AN EFFECTIVE DATE. 4. Motion to adopt the final reading of an ordinance amending the code of ordinance providing for a tax on electricity, bottled gas and telephone service. Motion by Councilman Collins, seconded by Councilman Watford to adopt the final reading of the ordinance. clerk Thomas explained that United Telephone System and Florida Power & Light Company said they could not give the City the calcualtions as requested earlier by Councilman Watford, but provided as much information as they could. Vote - Councilmen Collins, Watford, Rubin - yea. Councilman Thomas - nay. Mayor Chapman - yea. Motion carried. 5. 2epartment of Transportation Representative. Mr. Lott Mr. Lott addressed Council concerning the new site for the Post Office. He explained that the Department of Transportation would have to approve the plans to make sure access is safe. Council discussed the situation briefly and thanked Mr. Lott for taking time to appear before the Council. H. New Business: 1. Motion to approve a one year employment service contract for the City Administrator Motion by Councilman Rubin to approve the employment service contract, seconded by Councilman Collins. Vote - Councilmen Rubin, Collins, Thomas and Watford - yea. Motion carried. 2. Motion to approve an agreement between the City and Rebecca Harding to provide remedies for having a portion of a lift station built on her property Director Fortner explained the agreement to the Council. Following discussion, councilman Thomas made a motion to approve the agreement, seconded by Councilman Collins. Vote - Councilmen Thomas, Collins, Watford and Rubin - yea. Motion carried. 3. Motion to approve an agreement between the City and Thomas Funeral Home for disposing of waste into the City's wastewater collection system Motion by Councilman Collins, seconded by Councilmen Rubin and Thomas to approve the agreement. Vote - Councilmen Collins, Rubin, Watford and Thomas - yea. Motion carried.