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196-R Watford1 DATE April 27, 1987 NOTICE SENT May 26, 1987 PETITION #196-R ADVERTISEMENT (5- 22 -87) & (5- 29 -87) PLANNING COMMISSION HEARING DATE - PLANNING COMMISSION/ BOARD OF ADJUSTMENT June 9, 1987 BOARD OF ADJUSTMENT & APPEALS FEE PAID $125.00 / Rec. #000389 HEARING DATE naxxxxXQiKXX>IXIXD4lI) CITY COUNCIL AIMM TUIXO1Q- XSXXXONNOXBS4XX88X July 7, 198 UNIFORM LAND USE APPLICATION 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 JOHN ED WATFORD 2. Name of applicant if other than owner Relationship to owner: agent; attorney 3. Mailing address for notification P. 0. Box 393. Okee.. F1. 33473 -0393 Telephone # (813) 763 -4525 or 763 -3749 4. Legal description of property involved (as found in official records): Attach additional sheets if necessary. SEE ATTACHED 5. Street address and /or descriptive location of property: SOX 501 N.E. 4th St. REZONE OF LAND 1. Proposed change Zoning Classification from RESIDENTIAL SINGLE FAMILY (RSF) to (C -II) COMMERCIAL -II w /Sp. Ex. 2. Are there improvements on the property at this time? Yes 3. How is the property being used at this time? Maintenance and parking area for trucks. 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 are true and correct. NV 196 Sign REZONING #196 -R JOHN ED WATFORD OKEECHOBEE COUNTY Building & Zoning Dept. 303 N. W. 2nd St. Okeechobee, Florida 33472 Phone 813/763 -5548 JUNE 1987 NOTICE FOR CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION: NOTICE: A hearing will be held before the Planning Commission on June 9, 1987 to consider the rezoning from the existing classification of (RSF) Residential Single Family to (C -II) Commercial -II with a Special Exception to ALLOW THE OPERATION OF A TRUCKING BUSINESS AND RELATED REPAIR AND STORAGE ACTIVITY on the following described property: LOTS 3 to 9, BLOCK 113, CITY OF OKEECHOBEE as recorded in the 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 Okee- chobee County, Florida on Tuesday, June 9, 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, July 7, 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 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 JOHN ED WATFORD : Application #196 -R & #181 -S. 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' 1 Y 3 x 1 e 9 10 3 12 10' +191101iIiii NORTH 6 NORTH 6 6 9 10 3 12 10' 4 3 7 118 8 9 10 it 12 10' 9 1 6 9 10 11 12 to 12 1 i 7 8 9 10 II 12 10' . 00' 10' 6 5 4 3 2 W' 1 g q 7 8 9 10 II 12 EET z 1- 2 W W (I) e0 1 10 6 1 5 4 7 oe 6 9 3 3 7 8 9 10 11 12 !O' • - 10' NORTH STREET ion 100 ._ 1'11V MAIL 7) •I6 a 5 4 8 9,. 3 2 i W i SOUTH 110 1d b EET z 1- 2 W W (I) e0 1 10 6 1 5 4 7 oe 6 9 3 3 7 8 9 10 11 12 !O' • - 10' NORTH STREET ion 100 ._ 1'11V MAIL 7) •I6 a 5 4 8 9,. 3 2 i W i SOUTH 110 1d b 4 3 2 IM 9-I-1-0111 2 " SOUTH • SECOND 101 "I' W THIRD STREET b' 514 1 71 8 1 9 110111112" DATE April 27, 1987 PETITION #11314 NOTICE SENT May 26, 1987 ADVERTISEMENT (5- 22 -87) & (5- 29 -87) BOARD OF ADJUSTMENT & APPEALS HEARING DATE - PLANNING COMMISSION/ BOARD OF ADJUSTMENT June 9. 1987 FEE PAID $125.00 / Rec. #000389 HEARING DATE BOARD OF COUNTY IN COMBINATION W /Rezone #196 -R GENERAL NATURE OF REQUEST: A. B. C. COMMISSIONERS UNIFORM LAND USE APPLICATION Rezone of, Land D. Zoning Ordinance E. Appeal of decision of Zoning Administrator F. X 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 JOHN ED WATFORD 2. Name of applicant if other than owner Relationship to owner: agent; attorney 3. Mailing address for notification P. 0. Box 393. Okee.. F1. 33473 -0393 Telephone#(813) 763 -4525 or 763 -3749 4. Legal description of property involved (as found in official records): Attach additional sheets if necessary. SFE ATTACHED 5. Street address and /or descriptive location of property: 501 N.E. 4th St. SPECIAL EXCEPTION 1. Please state nature of special exception desired and reason(s) why it is desired. ALLOW THE OPERATION OF A TRUCKING BUSINESS AND RELATED REPAIR AND STORAGE ACTIVITY. 2. Please state the Zoning Ordinance Section under which the special exception is sought. Ordinance #87 -1, Section Special Exception #24 I hereby certify that the above answers and information on this application are true and correct. NY- ..181 Sign 64- tA SPECIAL EXCEPTION #181 -S JOHN ED WATFORD April 27, 1987 Okeechobee County Building and Zoning Okeechobee, FL. 33472 Dear Sir, In reference to the application I have filled out for the Rezoning of 7 lots in Block 113, I wish to appoint Herbert Nix, A General Contractor in Okeechobee County to appear on my behalf in any necessary meetings pertaining to these lots. Soncerely, Vr John E. Watford PETITION #196 -R - JOHN ED WATFORD - RSF to C -II w /Sp. Ex. Herb Nix came before the Board to represent this petition. He explained that he had approached the Building Department to secure a Building permit but had been told the zoning was incorrect and needed to rezone to the requested Commercial -II classification. Chairman Williamson explained that the property and all surrounding proper- ty is zoned Residential Single Family, but Mr. Watford had conducted a long standing trucking operation. He was now requesting an intensification of the zoning which requires him to rezone. Herb Nix explained that Mr. Watford had moved to the subject property in 1954 and has been there since. He desires to construct a 40 X 80 steel building to be used for the storage of his own trucks and equipment. Mr. Nix presented a site drawing for the Board's review which depicted the existing buildings and the proposed building on the subject property. There were no letters of objection and no comments or questions from the audience. Chairman Williamson explained that the subject property is a non - conforming use in the RSF zoning classification and any increase of intensity would require the rezoning to conform with the proposed use. Roger Jones stated this would help improve the character of the subject property. Herb Nix pointed out that on N.E. 5th the subject property cannot be seen as it is lined with trees. Chairman Williamson pointed out that this would create a "spot" zone within the existing RSF zoning. Robert Hoover asked Walter Taylor if this request could have been handled as a Special Exception? Walter Taylor explained that the RSF zoning is the most prohibitive zoning and prohibits any commercial activity. Liaison Councilman Watford stated that everyone agrees this could create a bad situation, but Mr. Watford has had a business at this location since 1954 as previously stated. He then questioned if another approach might be for Mr. Watford to appeal the decision of the Building Official and it could be allowed. If the existing building should burn down then Mr. Watford would be allowed to rebuild. The Board discussed the definitions of increase or intensification. County Attorney Curren explained that he would not feel comfortable with an Appeal as this is definitely either a rezoning or no rezoning. Herb Nix explained that since there had been no letters of objection and there were no comments or questions from the audience it was indicative of Mr. Watford always running a clean and upright business. The Board discussed "spot" zoning. The Board was concerned with the zoning Commercial -II as it was a big change from the existing RSF zoning. John Cook stated that Mr. Watford's proposal would be intensifying the present use and this would constitute a change in zoning. 2 Roger Jones explained that he felt Mr. Watford had always conducted a business within the character of a highly residential area during the 34 years he had been there. He stated this could be considered a "spot" zoning, but based on Mr. Watford's record he would like to make a motion to recommend approval. John Cook stated the following: (1) he had done work for Mr. Watford recently, but felt there would not be a conflict of interest. and (2) this would be an isolated "spot" zoning, but because it has been continuous use in the best interest of city and county then he seconded the motion. The vote was unanimous to recommend approval. The Planning Commission adjourned. THE BOARD OF ADJUSTMENT CONVENED DIRECTLY THEREAFTER JUNE 9, 1987 PETITION #181 -S - JOHN ED WATFORD - SPECIAL EXCEPTION - Allow the operation of trucking business and related storage activity in C -II zoning district. Mr. Herb Nix came before the Board to represent this petition. He explain- ed that that the Special Exception was being requested in order to allow the trucking operation within the Commercial -II zoning classification. The Board discussed the following concerns: (1) tie the Special Exception to the present owner, (2) operation during evening hours, and (3) the noise which could be generated during the hours of operation. There were no letters of objection and no comments or questions from the audience. John Cook made a motion to grant approval of this petition with the follow- ing stipulations: (1) Tie the Special Exception to the owner as John Ed Watford and/ or Watford Trucking Co., Inc. (2) Repairs or work done within the hours of 7 A.M. and 7 P.M.. (3) No excessive repair activity or noise. Seconded by Roger Jones. The vote was unanimous to grant approval with the listed stipulations. PETITION #182 -S - LEONARD BERGER INS. AGENCY, INC. - SPECIAL EXCEPTION „ ra.,1.1c 2nd a watar treatment To the Okeechboee City Council & Okeechobee County Zoning Board We, the undersigned, who are property owners near 505 N.E. 4th Street, support John Ed Watford in his request to rezone Lots 3 thru 9 Block 113 from RSF to CII Commercial for purpose of Constructing a Storage Building. NAME /7,1 cu 4 Address !'r 7e,/e7.- i f /ems 7© /77 - -. 7( A)6 '11 / CT In 6 30=- )("!,., .), 4ko atilt q & 1 // / PtA-A- ..44// S 7 /...0„4-6/ .� LG��iif.GZ.2Cc� 6C egpS/Y.g Cc. +a , c d-o , q (! 5 IV E _, 7- ✓ /77. 4- . '�" L, 3,, x.,7 - • 3(49 7ct V/4 VV A' Fi?a 5 iR T -y e?= 01/2c...4.11- 4079 REGULAR MEETING TUESDAY. JULY 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 Councilman Nick Collins, 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 Williams Present 87 -1 D. MOTION TO DISPENSE WITH READING AND APPROVE THE SUMMARY OF COUNCIL ACTION FOR THE REGULAR MEETING OF JUNE 16. 1987 Motion by Councilman Rubin to approve the minutes, seconded by Councilman Collins. Vote - Councilmen Rubin, Collins, Watford and Thomas - yea. Motion carried. A7 -8 E. MOTION TO APPROVE WARRANT REGISTERS FOR THE MONTH OF JUNE IN THE AMOUNTS OF S184,1_02,89 FOR GENERAL FUND; $155.120.01 FOR THE WATER AND SEWER FUND AND $81.427.70 FOR THE CAPITAL PROJECTS FUND Motion by Councilman Collins to approve the warrant registers, seconded by Councilman Watford. Vote - Councilman Collins, Watford, Rubin and Thomas - yea. Motion carried. F. REQUEST FOR THE ADDITION. DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA Administrator Drago requested the public hearings for agenda items 44, 5, 6, and 7 be held at 3:00 P.M. at the City Attorney's request. 87 -3' G. PUBLIC HEARING FOR REZONING REQUEST AND FINAL ORDINANCE ADOPTION 1. Consider Petition 196 -Y for a rezoning request from Residential finale Family to Commercial II with special exception Motion by Councilman Collins to accept the recommendation of the City /County Planning and Zoning Commission approving the rezoning request from Residential Single Family to Commercial II with special exception, seconded by Councilman Thomas. Vote - Councilmen Collins, Thomas, Rubin and Watford - yea. Motion carried. R7 _ft P7 _17 REGULAR MEETING TUESDAY. AUGUST 4. 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 Director L.C. Fortner, Jr., 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 Williams Absent D. Motion to approve warrant registers for the month of July in the amounts of $50.790. for General Fund; $64,239. for the Water and Sewer Fund and S29,544 for the Interest and Sinking Fund. Motion by Councilman Collins, seconded by Councilman Rubin for discussion. Vote - Councilmen Collins, Rubin, Watford and Thomas - yea. Motion carried. E. REOUEST FOR THE ADDITION. DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA Administrator Drago requested the Council approve discussion of rezoning request for John Ed Watford following agenda item number 4 under New Business. F. NEW BUSINESS: 2. Consider a reauest by Okeechobee County School Board for waiver of the system capacity charge for water at the new elementary school - John Kinsaul. Assistant Superintendent and Tom Conely, School Board Attorney. Mr. Tom Conely addressed Council requesting the City waive the system capacity charges and impact fees totaling $9,850. Discussion ensued by Councilmembers, Attorney Conely and Director Fortner concerning the joint venture. Mayor Chapman asked City Attorney Bryant whether the City would have any legal problems waiving the fee for the Board of Public Instruction. Attorney Bryant stated he would have to study the request before giving an answer. Attorney Bryant discussed the situation involving the City refusing to waive the impact fees for the County jail, however, the Board of Public Instruction paid a portion of the cost of the 12 inch line Councilman Rubin made a motion that' the City waive the fees totaling $9,850., seconded by Councilman Thomas. Vote - Councilmen Rubin, Thomas and Collins voted yea. Councilman Watford voted nay. Motion carried. 4087 4088 R7 -13 3. Motion to approv 0 pay request in the amount of $46,160.98 to Rock- A -Way. Inc.. for the interseptor sewer protect Motion by Councilman Thomas, seconded by Councilmen Watford and Collins. Vote - Councilmen Thomas, Watford, Collins and Rubin - yea. Motion carried. 1. Appearance by Linda Wilcox to discuss the Public Service Fee. Mrs. Wilcox addressed Council discussing the possibility of the City using some means other than withholding the C.O. to insure payment of public service fee. Discussion by Council was held no changes were made concerning the payment of the public service fee. 4. Motion to approve the Citv's accounting and computer work to Florida Accounting and Computer Service. Inc. Administrator Drago explained the request for an accounting service instead of updating the computer system. Following discussion, Councilman Collins made a motion to approve the City's accounting and computer work to Florida Accounting and Computer Service, Inc, seconded by Councilmen Rubin and Thomas - yea. Vote - Councilmen Collins, Rubin, Thomas and Watford - yea. Motion carried. R7 -3 5. Discussion on rezoning request_ #196R - John Ed Watford City /County Building Official, Walt Taylor addressed Council explaining that certain residences surrounding Mr. John Ed Watford's property were not properly notified of the rezoning request. Attorney Bryant recommended the Council recind previous action approving the rezoning request and send the request back to the City /County Planning and Zoning Board to be readvertised, hold the first public hearing, then return it to the City Council for the final public hearing. Following discussion Councilman Rubin made a motion to rescind Council's action approving the rezoning request, and authorize the rezoning request (196R) be returned to the City /County Planning and Zoning Board to readvertise another first public hearing to be held before the City /County Planning and Zoning Board, the second and final public hearing to be held by the City Council. Motion was seconded by Councilman Collins. Vote - Councilmen Rubin, Collins, Thomas and Watford - yea. Motion carried. County Commissioner Jack Williamson updated the Council on the road to be built from Durrence road east to Royal Palm Drive in Taylor Creek Isles, due to problems with right -of -ways, etc. the plans have been changed to Wolf Road, then to Jack Coker's residence behind the U - /save then to Royal Palm Drive in Taylor Creek Isles. The proposed change will be considered by the County Commission at their next regular meeting. CITIZENS TO ADDRESS COUNCIL Mr. Winston Lyons of Lyons Air Conditioning addressed Council concerning various jobs being given without requesting sealed bids. Councilmembers discussed the City's purchasing procedures with Mr. Lyons. COUNCIL REPORTS AND /OR REQUESTS: Councilman Collins asked Director Fortner for an update on the Water /Sewer rate study. Director Fortner stated he hoped to have it completed soon. Councilman Collins asked Administrator Drago to update the Council on the Street Paving bond issue. Administrator Drago explained he had sent letters to 12 banks with 3 responses. Councilman Thomas discussed the drainage situation on S.W. 5th Avenue with Street Director Elders. ,SPECIAL MEETING TUESDAY. SEPTEMBER 8, 1987 A. CALL TO ORDER The meeting was called to order at 2:00 P.M. B. 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 Williams Present C. OPEN PUBLIC HEARING FOR REZONING REOUEST: CONSIDER PETITION 196 -R FOR A REZONING REOUEST FROM RESIDENTIAL SINGLE FAMILY TO COMMERCIAL II WITH SPECIAL EXCEPTION Councilman Watford stated, for the record, that he objected to this item being brought before the City Council because he felt it should be treated as an appeal of the Zoning Administration and not the City Council. Mr. Herb Nix, the contractor for John Ed Watford directed Council's attention to the map indicating the subject property presently being considered for rezoning. Attorney John T. Brennan, representing John Ed Watford, addressed Council concerning the rezoning request. Mr. Brennan referred to the City's comprehensive plan supporting his client's request for rezoning. He also cited several laws concerning the comprehensive plan and spot zoning. He stated that he did not consider this request to be spot zoning. All of Mr. Watford's ;neighbors signed the petition stating they were not opposed to the rezoning request with the exception of Ms. Jean Paige. Mr. John Cassels, representing Ms. Jean Paige, addressed Council citing laws concerning spot zoning. He stated the comprehensive plan which the City adopted does not support spot zoning and it only designates 2 lots of the block to be commercial (the rezoning request is for 4 lots). Mr. Nix showed Attorney Cassels a copy of the Comprehensive Plan which did recemmend all 4 lots be rezoned to commercial. Attorney Bryant stated it was not his opinion that the request would be an illegal spot zoning. Following further discussion, Councilman Collins made a motion to rezone the property from Residential Single Family to Commercial II with a special exception, seconded by Councilman Rubin. Councilman Watford stated that he must abstain from voting. Vote - Councilmen Collins, Rubin and Thomas - yea. Motion carried. ADJOURNMENT There being no further business to discuss the meeti g was adjourned at 3:15 P.M. f'� MAYOR OAKLAND 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. 4097