203-R KennedyDATE; July 16, 1987 ''`` NOTICE SENT August 24, 1987 4 .J
PETITION # 203 -R :ADVERTISEMENT`
PLANNING COMMISSION HEARING DATE,; -- PLANNING COMMISSIO ._
:BOARD.OF 'ADJUSTMENT Septer
,BOARD OF ADJUSTMENT & APPEAI;S' >,,
HEARING DATE BOARD OF mann CITY CQUNCIL
FEE PAID $100.00 /REC. # 000960 ' ' October 6. 1987
UNIFORM LAND USE APPLICATION ''L
GENERAL NATURE OF REQUEST:
A. XXK 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 o f owner of p roper t y William Chad Kennedy & Arthur aregnry Kenneirly
2. Name of applicant'if other than owner
Relationship to owner: agent; attorney
3. Mailing address for notification 1676 NE 54TH TRAIL /OKEECHOBEE. FL 34972
Telephone # 467 -1491 RES. & 763 -8600 BU
4. Legal description of property involved (as found in official records):
Attach additional sheets if necessary. See Below.
5. Street address and /or descriptive location,. of .property: Lots 4 -7. inclusive, Block :
City of Okeechobee. East of Wilts Auto Parts, 1018 -20 N. Parrott Avenue.
REZONE OF LAND
1. Proposed change Zoning Classification from Holding (H) to
RG-1 (Residential General -1)
2. Are there improvements on the property atl this time?
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,oth:er 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 ow - I further certify
that the above answers and information on this ap. ion are true and correct.
NY 203_
Sign
ARTHUR G. KENNEDY/ N,' ' KENNEDY
ROBERT V. KENNEDY. TRUSTEE
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 Septem-
ber 8, 1987 to consider a rezoning from the existing classification
of (H) Holding to (RG -1) Residential General -1 on the following described
property:
LOTS 4 through 7, inclusive, BLOCK 32, CITY OF OKEECHOBEE, as
recorded in Official Records of Okeechobee County, Florida.
PUBLIC HEARINGS IN RELATION TO THE ABODE DESCRIBED PROPERLY WILL BE HELD AS FOLLOWS:
The FIRST hearing will be held before the Okeechobee County Planning
Commission 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, Oct-
ober 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
WILLIAM CHAD KENNEDY /ARTHUR GREGORY KENNEDY : Application #203 -R.
PUBLISH IN THE OKEECHOBEE NEWS: August 21, 1987 & August 28, 1987.
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DRAFT,
8 tin
THE OKEECHOBEE COUNTY PLANNING COMMISSION SEPTEMBER 8, 1987
The Okeechobee County. Planning Commission met in` regular. session on
Tuesday, September 8, 1987 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, Jim Enrico, Chris Hooker, Robert Hoover,
and Roger Jones. Also .present were County Attorney Ed Curren, Zoning
Administrator Walter Taylor, Secretary Norma Williams, Liaison Commis-
sioner Jack Williamson.
Jim Enrico made a motion to accept the minutes of August 11, 1987
regular meeting. Seconded by Dan Delagall. The vote was unanimous
to approve 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.
New Business:'
PETITION #203 -R - ROBERT V. KENNEDY, TRUST - H to RG -1
Robert Kennedy came before the Board to represent the reqested zoning
change from Holding to Residential General -1. He explained that the
property had been set up in a trust for his two sons until they became
of age. Their names will be solely on the property shortly and they
desire to build a duplex on stilts. He stated that the requested zoning
change does comply with the factors in Section 16 (5). There are sewer
lines nearby and they plan to hook into the (City Sewer. The access
road is a shell road. He presented photos of the subject property for
the Board to review. He explained that the property is located East
of Lil's Auto Parts and there are no residences near this area.
Chris Hooker stated that the property is poorly drained and requested
to know the' method they plan.to use °to' correct the drainage problem.
Robert Kennedy explained that the property is condusive to single family
type housing and is heavily wooded.
Robert Hoover asked if the applicant plans to finish the road. He also
asked if the road had been accepted for maintenance by the City.
Robert Kennedy explained that when the City was platted the road had
been dedicated to the City, but never accepted for maintenance.
There were no letters and no questions or comments from the audience.
After the Board considered all factors in Sec. 16 (5), Robert Hoover
made a motion to Recommend Approval. Seconded by John Cook. The vote
was unanimous to Recommend Approval. DRAFr
- PETITION #204 -R - R.C. HUDDLESTON - RR to AC w /Special Exception
Mr. R.C. Huddles on came before the Board an aimed that he was
the owner, but the pet# 'on was to be_reliresented by Robert Keating.
�, 9
Robert Keating stated that he I - '.res- to( purchase the subject property.
He explained that he would; -Pike to II' • a 10 stall stable in order
to have a Horse Board' Stable and be able to - nt out 8 stalls. The
subject propeEty is located at the end of N.W. 138th --t. He present-
DRAFT
DRAFT
REGULAR MEETING TUESDAY. QCTOBER 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
of 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 t_g_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 Lands" 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 request from Residential
General -1 to Commercial II permitted principal use for 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
WITH FLORIDA STATUTES, CHAPTER 166.231; PROVIDING AN EFFECTIVE DATE.
4. Motion to adopt the final reading of an ordinance amending the
code of ordinance providi g for a tax on electricity. bottled
as 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. pepartment 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 ift
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.