163-R RucksREGULAR MEETT NG DECEMBER 2, 1986
A. CALL MEETING TO ORDER
The meeting was called to order at 2:00 P.M.
B. INVOCATION AND PLEDGE OF ALLEGIANCE OFFERED BY MAYOR CHAPMAN
Invocation offered by Director of Public Utilities, L.C. Fortner, Jr.
C. MAYOR AND COUNCIL ATTENDANCE:
Mayor Oakland Chapman Present
Councilman Nick Collins Present
Councilman Edward Douglas Present
Councilman Andy Rubin Present
Councilman Oscar Thomas Present
Staff Attendance:
City Attorney Bryant Present
City Clerk Thomas Present
City Administrator Drago Present
Deputy Clerk Wilkerson Present
D. MOTION TO APPROVE, AND DISPENSE WITH THE READING OF THE SUMMARY OF COUNCIL
ACTION FOR THE REGULAR MEETING OF NOVEMBER 18, 1986
Motion by Councilman Thomas to dispense with the reading of the summary of
Council action for November 18, 1986, seconded by Councilman Collins.
Discussion.
Vote - Councilmen Thomas, Collins, Douglas and Rubin voted yea. Motion
carried.
Motion by Councilman Collins to approve the Summary of Council action for
November 18, 1986, seconded by Councilman Douglas. Discussion.
Vote - Councilmen Collins, Douglas, Thomas and Rubin yea. Motion carried.
E. OPEN PUBLIC HEARING FOR REZONINGS AND ORDINANCE ADOPTION
1. Rezoning Requests:
a. Consideration) of Rezoning Petitio u _ from Residential. S ngle
Family SRSF) to Commercial, Professional Office District (CPO for
dock 220 lots 2 and 3, located at 106 S.E. 5th Street
Motion to uphold the City /County Planning an oning Commission's
recommendation on Rezoning Petition #163 -R by Councilman Rubin, seconded by
Councilman Douglas. Discussion.
Vote - Councilmen Rubin, Douglas and Collins yea. Councilman Thomas nay.
Motion carried.
b. Consideration of Rezoning Petition #165 -R from Residential Single
jmily (RSF) to Residentil General -1 (RG -1) for Block 5. lots 1. 3, Southwest section located at 200 S.W. 10th Avenue
Councilman Thomas announced he must abstain from voting on this matter
because he was an adjoining owner of the property i,n question.
Motion to deny Rezoning Petition #165 -R by Councilman Collins, seconded by
Councilman Rubin. Discussion.
Vote - Councilmen Collins and Rubin yea. Councilman Douglas nay. Mayor
Chapman yea. Motion carried.
2. FINAL ORDINANCE ADOPTION
a. /lotion to read in full an ordinance for voluntary annexation for
Block 52; lots 1 through 10 inclusive and Block 45; lots 17 through
2.6 inclusive in Conners Highland,
Motion by Councilman Douglas for the ordinance to be read in its entirety,
seconded by Councilman Rubin. Discussion. Attorney Bryant read the entire
ordinance as follows:
DATE 0 -23 -86 NOTICE SENT November 3, 1986
E4-1
PETITION 11 163 -R
I'I ANN ING COMMISSION
HOARD OF ADJUSTMENT & APPEALS
FEE PAID
$100.00 / Rec. #005399
ADVERTISEMENT (10- 31 -86) & (11 -7 -86)
HEARING DATE - PLANNING COMMISSION/
BOARD OF ADJUSTMENT November 18, 1986
HEARING DATE X)(QAXOXXCIKX0[XlXD43[)6'X CITY COUNC
J(RNXIQ)WXJU XFX$ December 2, 1986
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
EDWIN & GLENNA RUCKS
2 Name of applicant if other than owner JAMES W. OWENS
Relationship to owner: X agent; attorney
3. Mailing address for notification 505 S.W. 8th Street, Okeechobee, F1. 33474
Telephone 1/ (813) 763 -2205
4 Legal description of property involved (as found in official records):
Attach additional sheets if necessary. LOTS 2 and 3, BLOCK 220 FIRST ADDIT]
TO CITY OF OKEECHOBEE
5. Street address and /or descriptive location of property: 106 S.E. 5th Street
REZONE OF LAND
1. Proposed change Zoning Classification from
(RSF) RESIDENTIAL SINGLE FAMILY t
((PO) COMMERCIAL PROFESSIONAL AND OFFICE DISTRICT
0
2. Are there improvements on the property at this time?
3. How is the property being used at this time?
ONE HOUSE
VACANT HOUSF
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
please state nature of the violation:
. If yes,
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 true and correct.
I
Sign
,w, 0 weas
OKEECHOBEE COUNTY
Building & Zoning Dept.
303 N. W. 2nd St.
Okeechobee, Florida 33472
Phone 813/763 -5548
NOVEMBER 1986
REQUEST FOR CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION:
NOTICE: A hearing will be held before the Planning Commission on November
18, 1986 to consider the rezoning from the existing classification of
(RSF) Residential Single Family to (CPO) Commercial, Professional and
Office Districts on the following described property:
LOTS 2 and 3, BLOCK 220, First Addition to the City of Okeechobee
as recorded in 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 Planning Commission of Okee-
chobee County, Florida on Tuesday, November 18, 1986 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, December
2, 1986 at 2:00 P.M. in the City Council Room, City Hall, Okeechobee,
Florida.
Al' WHICH TIME ALL PARTIES IN INTEREST AND CITIZENS SHALL HAVE THE OPPORTUNITY
TO BE HEARD.
If any person decides to appeal any decision made by the Planning Commission/
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
EDWIN RUCKS : Application #163 -R.
PUBLISH IN THE OKEECHOBEE NEWS: October 31, 1986 & November 7, 1986.
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To Honorable Members of Okeechobee Building and
Zoning Dept.
We the undersigned do oppose the proposed rezoning
from the exi.otinL classification of Residential
Single Family to Commercial, Professional and Office
Districts of Lots 2 and JB, Block 220, First Addition
to the City of Okeechobee;
Name
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November 28, 1986
Okeechobee City Council
City Hall
55 S.E. 3rd Avenue
Okeechobee, Florida 33472
Reference: Lots 2 & 3, Block 220
Gentlemen:
I wish to present to you the enclosed petition as signed by some of
those property owners opposing the rezoning from Residential Single Family
to Commercial, Professional and Office Districts of Lots 2 and 3, Block
220 first addition to the City of Okeechobee. We do not feel it is in the
best interest of our neighborhood and community to start spreading commer-
cial operations next to our houses where we live and have paid taxes for
25 and 30 years in some cases.
On November 18, 1986, five (5) members of the Okeechobee Planning
Commission met and after hearing the objections of 11 people who live in
the area voted to grant the petition of Edwin Rucks owner, who is selling
the property to J.W. Owens of the T.V. Preview a commercial operation. The
sale of this property as such would not take place if rezoning is not
permitted. Mr. Owens did not tell all of the story, a picture was painted
of roses and beauty, but we know that another lot next to the two in question
is under contract to be bought for expansion. If the truth is being told
about only three (3) employees and three (3) vehicles for parking why the
interest in expansion.
We feel its time for the City Council to speak on behalf of the
residential communtiy and deny this request, the taxes on our homes
are plenty and commercial zoning will only make the value less. The
City of Okeechobee as well as the County has plenty of property zoned
for business. While we are not against any person wishing to engage in
business, we feel we know what is best for our area.
Under the Okeechobee Code Page 167 Supp #2 C.P.O. Commercial,
Professional and Office Districts, the permitted principal use includes
many kinds of business including Private Clubs and Lodges while the
intentions are being presented as honorable. After this property is
rezoned the freedom to sell to someone else for other purposes does exist,
usually if a property is rezoned, special exceptions can be granted and
control then is really out of hand.
Please as elected officials of this city stand -up for the folks who
have paid their way for years and seek peace and quiet in the neighborhood.
Your help will be appreciated and remembered.
Sincerely,
Mary Padgett Collier
P.S. The board that met was unable to get a 2nd to the motion to grant
the petition, but instead of not passing the petition took a five (5)
minute recess and then came back with a motion to grant 4 to 1.
Enclosures
copy petition