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192-R WilliamsDATE ' APRIL 6, 1987 PETITION /I 192 -R NOTICE SENT .AIL 27, 1987 ADVERTISEMENT (4- 24 -87) & (5 PLANNING COMMISSION HEARING DATE - PLANNING COMM' ON, BOARD OF ADJUSTMENT May 12. 1987 HEARING DATE 0(410)tXXOKX )(MINM CITY Ci FEE PAID $125.00 / Rec. #000246 XXQ1MUMISI l)WXXX June 2, 1987 IN COMBINATION W /Sp.Ex. #176- $ &Var.#041 -V UNIFUHM LAND USL APPLICATION GENERAL NATURE OF REQUEST: A. X Rezone of Land D. Variance 0. Zoning Ordinance Change E. Special Exception C. Appeal of decision of Zoning Administrator F. Other BOARD OF ADJUSTMENT & APPEALS 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 HAYNES E. WILLIAMS 2. Name of applicant if other 'than owner Relationship to owner: agent; attorney 3. Mailing address for notification 208 N. Parrott Ave., Okee., Fl. 33474 AND Former Owner: Ralph W. Bork 3415 W.Park Rd.,Hollywood, F1. 33021 Telephone /I (813) 763 -4010 4. Legal description of property involved (as found in official records): Attach additional sheets if necessary. SEE ATTACHED LEGAL DESCRIPTION. 5. Street address and /or descriptive location of property: ACROSS FROM KOUNTRY KIDS LEARNING CENTER. REZONE OF LAND 1. Proposed change Zoning Classification from (H) HOLDING (C -I) COMMERCIAL -I W /Sp. Ex. & Variance. 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 appli ation ar• true ad correct Sign NY 192 DATE APRIL 6, 1987 PETITION 11 041 -V PLANNING COMMISSION BOARD OF ADJUSTMENT FEE PAID $125.00 / Rec. #000246 GENERAL NATURE OF REQUEST: A. B. C. NOTICE SENT APRIL 27, 1987 ADVERTISEMENT (4- 24 -87) & (5 -1 -87) HEARING DATE - PLANNING COMMISSION/ BOARD OF ADJUSTMENT May 12. 1987 HEARING DATE - 9QXIYNIXXJ(XX010111(% CITY COl UNIFORM LAND USE APPLICATION Rezone of Land D. X Variance Zoning ordinance Change E. Special Excpetior 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 HAYNES E. WILLIAMS 2. Name of applicant if other than owner Relationship to owner: agent; attorney. 3. Mailing address for notification 208 N. Parrott Avenue. Okeechobee. F1. 33472 Telephone 1/ (813) 763 -4010 ft. Legal description of property involved (as found in official records): Attach additional sheets if necessary. SEE ATTACHED LEGAL DESCRIPTION 5. Street address and /or descriptive location of property: ATTACHFD JARIANCE 1. ,Nature of variance sought: TO ALLOW A REDUCTION IN THE SIDE YARD SETBACKS (Be specific as to size, height, area, dimensions, etc.) '.. What special exceptions or conditions exist which are particular to the land, structures, or building which are not applicable to other lands in the area? Did the special condition or circumstances result from your action? NO What is the minimum variance that would be necessary for a reasonable use of the land, building or structure? . Please state any other reasons why you feel this variance should be granted hereby certify that the above answers and inform: ion on th a. lic ire true and correct. WWWWWWWWWWWWWWWgi NY 041 SIGN WEE APRIL 6, 1987 'ETITION 11 176 -S 30ARD OF ADJUSTMENT & APPEALS NOTICE SENT APRIL 27, 1987 ADVERTISEMENT (4- 24 -87) & (5 -1 -87) HEARING DATE - PLANNING COMMISSION/ BOARD OF ADJUSTMENT MAY 12, 1987 EE PAID $125.00 / Rec. #000246 HEARING DATE BOARD OF COUNTY IN COMBINATION W /Rezone #190 -R &Var. #041 -V COMMISSIONERS ;ENERAL NATURE OF REQUEST: UNIFORM LAND USE APPLICATION Rezone of Land D. Variance Zoning Ordinance E. X Special Exception Appeal of decision of Zoning Administrator F. Other IOTICE: PAYMENT OF FEE MUST ACCOMPANY THIS APPLICATION ALONG WITH PROOF OF OWNERSHIP. (land deed, tax receipt, etc.) . Full name of owner of property HAYNES E. WILLIAMS :. Name of applicant if other than owner Relationship to owner: agent; attorney Mailing address for notification 208 N. Parrott Ave.. Okee.. Fi. 33472 AND Former Owner: Ralph W. Bork 3415 W. Park Rd..Hollywood. F1. 33021 Telephone# (813) 763 -4010 Legal description of property involved (as found in official records): Attach additional sheets if necessary. SEE ATTACHED LEGAL DESCRIPTION Street address and /or descriptive location of property: ACROSS FROM KOUNTRY KIDS LEARNING CENTER. ;PECIAL EXCEPTION . Please state nature of special exception desired and reason(s) why it is desired. ALLOW THE OPERATION OF A CHILD CARE CENTER IN C -I zoning. '. Please state the Zoning Ordinance Section under which the special exception is sought. ORDINANCE /87 -1. Special Exception #1. hereby certify that the above answers and information on this application Ire true and correct. NY 176 Sign .1 :1 7 199 6 5 4 3 2 I z W 70 4 )UTH f2o121 (22 I I 23 l 24 2S •. 21� NSTREE IE 9p 88 k is 541 9a+ 8A tT 1C M STRFFT . -ti. •. . 1 ISO r 8 9 z 3r LUL44 11°' r 3 ' I« A 1. 4/ A( NAY.veS E... LO.Al.l.lAMS A SPec.n�. E*Aceorre.✓ /7G t'e%4,4tic • • 4 . .4 Al. 2 4 • 5 5. 191 ' r; J 4 1. 4. 00 v.141. s' 5 W 6 z 7 W 8 x 1- z W to N/' ,411-19 h 0 3 2 10 I I 415 415 5 7' 2 I; 6 7 8 b 14:47• i 5 6 7 8 I4ti9 s 6 8 (43.4. 4 ,39 2515 6 7 6 9 10 2 4 5 too' 6 2 5 loo' 6 too' 2 3 4 5 6 7 8 W z • 7 4 • 8 10 2 91453, (411 SOUTH 10 11 11S • 12 ACE �1E 210 1- W z W 4 x 1- x 40 8 9 1011 1 ATE FLAGI.E SOUTH W z W 4 10 ;6 5 4 3 2 6 70 I« .:7 9 10 11 12 immts �1 d� 5 4 3 QO 2 SOUTH s,7 8 so 5 4 3 2 I; 1- 8 I 9 1101 11 1/ so 8 9 10 I1 I M7 SOUTH • 8 10 9 7 5 4 MEIN SOUTH 442 5 • 6 4 415' � 2 4 SEVENTH 2 4145'7 . 5 ' 7 ' 8 2 9� :, 2 41411 • 5 ' • 7 11 45' 414 I„ 12 417 W z W 4 10 i . 5 4 941 3 2 10 It 7 8 9 10 11 12.. NINTH 5 4 2 3 94 2 27 so' 8 • 9 10 11 . 12.1 10 AVENUE 8 9 10 11 41 z w' 4 x F O 1 7 7 70 1Q 5 19 6 5 MIR ill f0 5 4 2 3 4 SO 2 7 :M e I >o• STREET 9 IO 11 O so 4 311 sicicII" II—Fit. Wit 3 • ' 10 • 11 4 • 5 . '•1 29 ,4116 ' 28 • '3 W z W .a wli2 2 8 x 9 a 10 O • ' 11 1- W A 2 744 6 • 9 • 10 • 11 2 12„ OKEECHOBEE CO TY Building & Zoning Dept. 303 N. W. 2nd St. Okeechobee, Florida 33472 Phone 813/763-5548 MAY 1987 REQUEST FOR CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION: NOTICE: A hearing will be held before the Planning Commission on May 12, 1987 to consider a rezoning from the existing classification of (H) Holding to (C -I) Commercial -I with a Special Exception to ALLOW THE OPERATION OF A CHILD CARE CENTER and a Variance to ALLOW A REDUCTION IN THE SIDE YARD SETBACKS on the following described property: Cotnnencing at the Northeast corner of Block 191, City of Okeechobee according to the plat of said City of Okeechobee, as recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida, thence run South along the East boundary line of said Block 191, and the West Right -of -Way line of S.W. 7th Avenue, (Okeechobee Avenue) for a distance of 223.93 feet. .for POINT'OE BEGINNING thence continue south along said East boundary line of Block 191, and the West Right - of -Wa line of S.W. 7th Avenue, (Okeechobee Avenue) for a distance feet to a point on an extension West of S.; 6th Street, 3r Street) thence run West along said extension of S. 6th Street 3rd Street) for a distance of 200.00 feet thence run North parallel with the West Right -of -Way Line of said S.W. 7th Avenue for a distance of 76.1.7 feet, thence run East for a distance of 200.00 feet to the POINT OF BEGINNING. Lying in and comprising a part of the abandoned Florida East Coast Railroad Right -of -Way, and North Curve Street, 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 Okee- chobee County, Florida on Tuesday, May 12, 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 Tuesdayi June 2, 1987 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 THE SECOND HEARING. If any person decides to appeal any decision made by the Planning Com- mission /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 B. Taylor Zoning Administrator HAYNES E. WILLIAMS : Application #192 -R, #176 -S, & #041 -V. PUBLISH IN THE OKEECHOBEE NEWS: April 24, 1987 & May 1, 1987. U mu L1011 ►.0 Recommend APPROVAL. Seconded by John Cook. The vote was unanimous to Recommend APPROVAL. PETITION #192 -R - HAYNES t. WILLIAMS - H to C -I w /Sp.Ex. & Var. Haynes Williams came before the Board to represent this petition. He stated that he plans to sell it to his daughter in order that she may expand her existing facility known as the Kountry Kids which is located directly across from the subject property. She is planning on starting a facility for kindergarten age children and it will look like the existing Kountry Kids structure. There were no letters of objection and no comments from the audience. Roger Jones made a motion to Recommend APPROVAL. Secondedby Jim Enrico. The vote was Unanimous to Recommend APPROVAL. DRAFT THE OKEECHOBEE COUNTY BOARD OF ADJUSTMENT CONVENED DIRECTLY AFTER THE PLANNING COMMISSION ADJOURNED...May 12, 1987 DAFT PETITION #041 -V - HAYNES E. WILLIAMS - VARIANCE - Allow a reduction in the side yard setbacks. The Board discussed the location of the subject property on the corner of S.W. 6th Street and S.W. 7th Avenue. Walter Taylor explained he advised the petitioner to request the Variance because the subject property abuts residential zoning and would be required to build the proposed building 20 feet from that property. With the Variance it would allow him to build within the usual 8 feet. Dan Delagall made a motion to grant. Seconded by John Cook. The vote was unanimous to Grant. PETITION #176 -5 - HAYNES E. WILLIAMS - SPECIAL EXCEPTION - Allow the operation of a Child Care Center in C -I.. The Board discussed the location of the property as being close to the Catholic School, the County School, and the existing Strickland Day Care Center. Dan Delagall made a motion to Grant. Seconded by Robby Hoover. The vote was unanimous to Grant. DR s. - 10 - DRAFT 407. R7 -] p7 -fi c7 -3 P7 -12 1EGULAR MEETINQ TUESDAY. JUNE 7 • 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 City Clerk Bonnie Thomas 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 Present STAFF ATTENDANCE: City Attorney Bryant Present City Administrator Drago Present City Clerk Thomas Present Deputy Clerk Wilkerson Present D. MMOTION TO DISPENSE WITH READING AND APPROVE THE SUMMARY OF COUNCIL ACTION FOR THE REGULAR MEETING OF MAY 19.1987 Motion by Councilman Watford to approve the minutes as amended, seconded by Councilman Collins. Vote - Councilmen Watford, Collins, Rubin and Thomas - yea. Motion carried. E. MOTION TO APPROVE WARRANT REGISTERS FOR MAY 1987 IN THE AMOUNTS OF S128.543.72 FOR GENERAL FUND AND 8100.307.68 FOR THE WATER AND SEWER FUND. ALSO S9.650.95 FOR THE CAPITOL PROJECT FUND Motion by Councilman Collins, seconded by Councilman Rubin. Vote - Councilmen Collins, Rubin, Thomas and Watford - yea. Motion carried. F. REOUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA Administrator Drago asked the Council to include the first reading of an ordinance closing a portion of N.W. 8th Street under the category of New Business #6. G. PUBLIC HEARING FOR ZONING REQUEST a. Consider rezoning petition 192 -R from Holding to Commercial - 1 for property located across from gountry Kids Learning Center Motion by Councilman Thomas to uphold the recommendation of the City /County Planning and Zoning Board approving rezoning. petition 192 -R and rezone from Holding to Commercial, seconded by Councilman Collins. Vote - Councilmen Thomas, Collins, Rubin and Watford - yea. Motion carried. H. NEW BUSINESS: 1. Motion to award a cor]tr.act to Laboratory Testing Service for the Public Utilitites Department to Southern Analytical Labs for $18.032. Motion by Councilman Thomas, seconded by Councilman Collins to award a contact to Southern Analytical Labs for 818,032.00. 4076 87 -2 Vote - Councilmen Thomas, Collins, Watford and Rubin - yea. Motion carried. 2. Motion to transfer $150,000. from the Water Systems Capacity Trust Fund to the Water Treatment Plant Construction Fund Motion by Councilman Collins, seconded by Councilman Watford to transfer $150,000. from the Water Systems Capacity Trust Fund to the Water Treatment Plant Construction Fund. Vote - Councilmen Collins, Watford, Thomas and Rubin - yea. Motion carried. 3. lotion to ratify an Interlocal Agreement between the City and County for the Distribution of the Local Option as Tax Motion by Councilman Watford, seconded by Councilman Thomas to ratify the Interlocal Agreement between the City and County for the distribution of the Local Option Gas Tax. Vote - Councilmen Watford, Thomas, Collins and Rubin - yea. Motion carried. 4. Hear from Mr. Dan Delegall concerning the Drug Awareness Program Mr. Dan Delagall addressed the Council concerning the Drug Awareness Program, explaining that the program is designed to educate people about the harmfulness of drugs. Mr. Delegall asked for the City Council to become a booster member of their organization "Okeechobee Citizens for Health" - the cost $100.00. Councilman Collins asked Attorney Bryant if the City could legally give the money to this program. Attorney Bryant stated that he would have to research the matter before he answered. Mayor Chapman explained to Mr. Delagall that the Council would have to wait for the Attorney's answer. 5. Consider a request from Mr. Gil Culbreth to connect to the Citv's sewer lines at Heritage Place for a new automobile dealership. Mr. Gil Culbreth addressed Council requesting he be allowed to connect to sewer lines at Heritage Place for a new automobile dealership. Director Fortner recommended the Council approve 1,000 gallons sewer usage per day for the new automobile dealership. Councilman Thomas made a motion to approve the 1,000 gallon per day sewer allocation as requested, seconded by Councilman Collins. Vote - Councilmen Thomas, Collins, Rubin and Watford - yea. Motion carried. 6. Fear from the Chamber of Commerce concerning the Economic Development Proiect - Mr. John Abney Mr. John Abney, President of the Chamber of Commerce addressed the Council requesting their participation in the Economic Development Program. Mr. Abney explained that the Department of Commerce contacted the Chamber about sponsoring a series of discussions aimed at planning for growth. The planning for growth sessions will enable Okeechobee to discover our problem areas and weaknesses as far as economic development is concerned. State and Federal grants are available for problem areas cited - possibly the downtown area. Along with the planning for growth sessions, the Department of Commerce has asked the Chamber if we would sponsor a program called "Young Professionals in Economic Development ". A graduate from one of our state universities is working on his masters degree in Planning and Zoning and will come to Okeechobee for eight weeks to help develop an economic development program. The state department has stated they would like for Okeechobee to have an equal share basis with Glades County. Glades County has already approved a $525. budget expediture - Okeechobee County has approved an expenditure of $325. He asked the City Council to approve an expenditure of $200. to budget for the young professional to help Okeechobee develop an economic program. 407 87 -15` Mr. Abney explained that meetings are being held to look at a joint steering committee on economic development with Glades County. He stated that he has asked Councilmen Watford to attend one of the meetings that was held. Other Committee members are County Commissioner Elder Sumner, Leland Dyals from the Industrial Development Authority, John Abney from the Chamber, Ruper Mock, Jr., President of the Big Lake National Bank - five members from Okeechobee County and five members of equal representation from Glades County to be on the committee. Mayor Chapman asked Council if they had any objections appointing Councilman Watford to be the City's liason member to meet on this committee. Council agreed that Councilman Watford be appointed to the committee. Following discussion by Council, Councilman Collins made a motion to approve the expenditure of $200. for the study of Economic Development Program, seconded by Councilman Rubin. Vote - Councilmen Collins, Rubin, Watford and Thomas - yea. Motion carried. 7 First public hearing - ordinance closing a portion of Northwest 8th Street Motion by Councilman Watford for the ordinance title to be read, seconded by Councilmen Collins and Rubin. Vote - Councilmen Watford, Collins, Rubin and Thomas - yea. Motion carried. Attorney Bryant read the title as follows: AN ORDINANCE CLOSING, VACATING AND ABANDONING A PORTION OF NORTHWEST EIGHTH (8TH) STREET IN THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING AN EFFECTIVE DATE. Motion by Councilman Thomas to advertise the second and final public hearing on June 16, 1987, seconded by Councilman Collins. Vote - Councilmen Thomas, Collins, Rubin and Watford - yea. Motion carried. Motion by Councilman Thomas to approve the first reading of the ordinance closing a portion of Northwest 8th Street, seconded by Councilmen Rubin and Collins. Vote - Councilmen Thomas, Rubin, Collins and Watford - yea. Motion carried. COUNCIL REPORTS AND /OR REOUESTS 1 Councilman Collins Councilman Collins began discussion with Councilmembers and Administrator Drago concerning the water /sewer /garbage bills on places of business when they are out of business. He requested research be done concerning the service availability charge for utilities and garbage. Director Fortner requested the Council authorize him and the administrator to request proposals for an engineer or C.P.A. to complete a study on the service availability charges because of the amount of time involved in such a study. Council agreed for a study to be done by a C.P.A. as requested by Director Fortner. 2. Councilman Thomas Councilman Thomas asked to Council to reconsider having the meetings scheduled later in the afternoons. Council discussed the matter not making any changes at this time. Attorney Bryant requested the Council consider waiving the requircaients for street /alley closings for the ordinance scheduled for second public hearing on June 16, 1987, concerning Northwest 8th Street. Motion by Councilman Collins, seconded by Councilman Watford waiving the requirements for street /alley closings for the ordinance closing a portion of Northwest 8th Street. Vote - Councilmen Collins, Watford, Rubin and Thomas - yea. Motion carried. 40"78 87 -25 3. Councilman Watford Councilman Watford asked about the status of the fire contract. Administrator Drago explained the final draft should be finished in about a month. Councilman Watford requested the Council hold down expenditures of the Fire Department and that the City doesn't replace the employees that resign. Discussion was held by Council, the Fire Chief and the Administrator concerning the requests. 4. Councilman Rubin Councilman Rubin requested Clerk Thomas check into the insurance coverage of the building housing the County Fire Department. Councilman Rubin commented on the memorandum concerning the police vehicles being painted white with blue striping. Administration Drago explained that only the newer vehicles would be painted as they are purchased. Councilman Rubin discussed the City /County paving program and the list of streets to be paved. 5. Manor Chapman Mayor Chapman discussed with Council the situation involving Jim Attaway appearing before the Council in 1979 and requested a 100 foot right of way be narrowed to 70 feet (S.W. 5th Avenue from 15th Street South to 21st Stret). An ordinance was not drafted at that time but two years later it was reduced by ordinance but only to 18th Street not to 21st Street. Councilmembers discussed the matter agreeing that Mr. Attaway would be required to follow the procedures set forth by Council concerning street /alley closings in order to have the portion of 5th Avenue narrowed from a 100 ft. right of way to a 70 ft. right of way from 18th to 21st Street. ADJOURNMENT There being no further business to discuss the meeting was adjourned at 3:58 P.M. MAYOR OAKLAND R. PMAN ATTEST: BONNIE S. THOMAS, CMC CITY CLERK THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE OFFICE OF THE CITY CLERK. NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE AT THIS MEETING OF THE CITY COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.