091-R Channel PropertiesDATE August 1985
PETITION # 091 -R
PIANNING COMMISSION
BOARD OF ADJUSTMENT & APPEALS
FEE PAID $ 100.00 Receipt 4892
NOTICE SENT
ADVERTISEMENT
HEARING DATE - PLANNING COMMISSION/
BOARD OF ADJUSTMENT
HEARING DATE BOARD OF COUNTY
COMMISSIONERS
UNIFORM LAND USE APPLICATION
GENERAL NATURE OF REQUEST:
A. xxx 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 CHANNEL PROPERTIES. INC.
2. Name of applicant if other than owner RICHARD A. WARD
Relationship to owner: XXXX agent;
attorney
3. Mailing address for notification 4251 Hwy 441 South Okeechobee. F1_ 33472
Telephone It 763 -5588
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:
Corner of South Parrott Ave. and S.W. 21st Street City of Okeerhnhee, Florida
REZONE OF LAND
1. Proposed change Zoning Classification from RFSTnENTTAT. STNGT.F. FAMTLY to
Commercial
2. Are there improvements on the property at this time?
3. How is the property being used at this time?
VACANT
NO
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?
* * * *N0 * * * **
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 are true and correct.
NI T 091
Sign
OKEECHOBEE COUNTY
Building & Zoning Dept.
303 N. W. 2nd St.
Okeechobee, Florida 33472
Phone 813/763 -5548
SEPTEMBER 1985
REQUEST FOR CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION:
NOTICE: A hearing will be held before the Planning Commission on September 10,
1985 to consider the rezoning from the existing classification of Residential
Single Family to Commercial on the following described property;
Lots 11 and 12 of Block 41, First Addition to South Okeechobee,
Less the South 7 feet of Lot 12, according to the plat thereof
recorded in Plat Book 1, Page 17, Public Records of Okeechobee
County, Florida.
PUBLIC HEARING IN RELATION TO THE ABOVE DESCRIBED PROPERTY WILL BE HELD AS FOLLOWS:
The first hearing will be held before the Planning Commission of Okeechobee
County, Florida on September 10, 1985 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 September 17, 1985
in the City Council Room, City Hall, Okeechobee, Florida, at 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 insure 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
Channel Properties, Inc (Richard A. Ward)
Application Number 091 -R
Account Number 761910
PUBLISH IN OKEECHOBEE NEWS AUGUST 22, 1985 and AUGUST 29, 1985.
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tiating committee's findings concerning the hiring of an engineer to
plete the studies at the water plant concerning the removal of THMs.
ter discussion, Councilman Douglas made a motion to approve the second
ortion of the contract in the amount of $7,000. Councilman Collins
seconded the motion. Motion carried.
(Councilman Rubin left the Council chambers at 2:56 therefore he was
not included in the vote)
AGENDA ITEM XII -
THE CLERK IMPROVEMENT AN EASEMENT
TRUST FUND
AGREEMENT BET_
AND FLORIDA POWER AND LIGHT.
Administrative Assistant Fortner explained that authorization was
needed for the Mayor and Clerk's signatures on an easement agreement between
the Board of Trustees of Internal Improvement Trust Fund and Florida Power
and Light. Councilman Douglas made a motion to authorize the Mayor and
Clerk to sign the easement agreement. Councilman Thomas seonded the motion.
Motion carried.
AGENDA ITEM XIII - ACTION BY THE COUNCIL TO ADOPT A RESOLUTION AUTHORIZING
THE MAYOR AND CLERK TO EXECUTE THE DOCUMENTS REQUIRED FOR THE FINAL LOAN
CLOSING WITH FARMERS HOME ADMINISTRATION.
Councilman Douglas made a motion to adopt the resolution. Councilman
Thomas seconded the motion. Motion carried.
Mayor Chapman read the resolution as follows:
WHEREAS, the City of Okeechobee has a need to improve its sanitary
sewer system, and;
WHEREAS, the Farmers Home Administration has indicated funds are
available for assistance in this regard;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Okeechobee, Florida as follows:
1. The Mayor is hereby authorized to execute the necessary
papers relative to filing this application, including
Farmers Home Administration Forms 400 -1 Equal Opportunity
Agreement; 400 -4 Assurance Agreement and 1942 -31 Water
and Sewer Grant Agreement.
2. This resolution shall take effect as provided by law.
Introduced and adopted in regular session assembled this 17th day
of September, 1985.
AGENDA ITEM XV - ACTION BY THE COUNCIL TO APPROVE. OR DENY. THE REZONING OF
LOTS 11 & 12 (CORNER OF SOUTH PARROTT AVENUE AND S.W. 21ST STREET) FROM RSF
TO COMM.
Attorney Cassels representing Channel Properties, addressed Council and
explaining that the County Zoning and Planning Board voted against the
rezoning request was because they did not know how the City Council felt
about the rezoning of the property and since it was located within the City
limits they felt the decision should be left up to the City Council.
After further discussion by the Council, Councilman Thomas made a
motion that the rezoning request be approved. Councilman Rubin seconded the
motion. Motion carried.
MEETING RECESSED 3:14 P.M.
MEETING RE-CONVENED 3:25 P.M.
Councilman Rubin did not return to the Council meeting.
carried.
'}(,vernb\ ici,
S.W. This item postponed until recessed meeting of Thursday, November 22,
1985 at 7:00 P.M.
AGENDA ITEM #XII - FINAL READING AND PUBLIC HEARING TO .REZONE LOTS 11 AND
12 OF BLOCK 41. FIRST ADDITION TO SOUTH OKEECHOBEE LESS THE SOUTH 7 -FEET OF
LOT 12 FROM RESIDENTIAL SINGLE FAMILY TO COMMERCIAL
Final reading and public hearing to rezone Lots 1 and 12 of Block 41,
First Addition to South Okeechobee less the South 7 -feet of Lot 12 from
Residential Single Family to Commercial. This item postponed until
recessed meeting of Thursday, November 22, 1985 at 7:00 P.M.
AG NDA jTEM #XI - FINAL READING AND PUBLIC HEARING TO REZONE 9 -1/2 ACRES.
LYING EAST OF TAYLOR CREEK, FROM HOLDING TO _RESIDENTIAL MOBILE HOME WITH
POSSI$j,E SPECIAL EXCEPTION.
Final reading and public hearing to rezone 9 -1/2 acres, lying east of
Taylor Creek, from holding to Residential Mobile Home with possible special
exception.
After discussion by Council and other City officials with Mr. Jim
Baughman, developer and his attorney, Lester Jennings, concerning the
rezoning request, it was agreed by Council to grant the request.
Upon motion of Councilman Rubin to approve the application for
rezoning 9 -1/2 acres from Holding to Residential Mobile Home. Motion was
seconded by Councilman Collins. Vote: Collins yes, Rubin yes, Chapman
yes. Vote carried to rezone the property as stated.
AGMA jTEM #XIII - MAYOR TO CALL ON ANYONE IN THE AUDIENG WISHING TO
ADDRESS THq COUNCIL
Mrs. Pearl Godwin, wife of Okeechobee's former Fire Chief Olan Godwin,
appeared before the Council for information concerning the status of Mr.
Godwin's eligibility to participate in the City's Group Health plan. At a
previous meeting Mrs. Godwin had request that Mr. Godwin be added into the
City's Health Insurance plan and the matter is still pending.
Mrs. Godwin was asked if Olan had continued when insurance coverage
when he retired and. she stated yes he did for several months, but had to
drop it because of the expense.
Public Utilities Director, L.C. Fortner, stated the problem is the
lapse from Godwin's retirement and the time he applied for coverage by the
Florida Municipal Trust.
City Attorney, Jerry Bryant, explained he wanted copies of past
documents showing Godwin continued coverage with the City's Health Insurer
Aetna when he retired, but since he dropped it and the City doesn't have
self insurance, the law doesn't require that the City have the Municipal
Trust Fund cover Mr. Godwin.
Attorney Bryant suggested the Council pass a special ordinance (for
retired employees) that would cover Olan Godwin with health insurance; and
further asked Mrs. Godwin if she had any information that the attorney
could use please bring it to him so he can try to help her.
Mrs. Godwin expressed appreciation to the City official for anything
they could do to help Olan Godwin obtain the coverage.
Mayor Chapman asked Mrs. Godwin and the City Attorney to work together
on the matter.
George Tismanakis of the Okeechobee Rehab appeared before the Council
about the City's plans to curtail advertising within the City. He asked
that Council not have a restrictive advertising ordinance and that the
Okeechobee Rehab Facility would give Council it's assurance of protection
of City beautification.
Councilman Collins reminded Council that this matter has been
rescheduled for the meeting of December 17th.
Adm. Asst. Davis will get in touch with Mr. Tismanakis as to the
upcoming December agenda item after the ordinance has been advertised.
AGENDA ITEM #XIV - MAYOR TO CALL ON THE CITY CLERK. ADMINISTRATIVE
ASSISTANT, CITY ATTORNEY AND MEMBERS QF THE COUNCIL FOR REPQRTS AND /OR
REMUS
Cleric Thomas presented the City's Warrant registers for approval.
Upon motion of Councilman Collins, seconded by Councilman Rubin the warrant
registers were approved. Vote: Collins yes, Rubin yes, Chapman yes. Vote
carried.
TUESDAY, NOVEMBER 21, 1985
The City Council of the City of Okeechobee, met in recessed session in
Council Chambers, 55 S.E. 3rd Avenue, Okeechobee, Florida, at 7:00 P.M.
with the following Councilmembers present:
Mayor Oakland R. Chapman
Vice Mayor Andy Rubin
Councilman Edward Douglas, absent
Councilman Oscar Thomas, absent
Councilman Nick Collins
Others present were:
Milton Davis, Adm. Asst.
Bonnie S. Thomas, City Clerk
Jerry Bryant, City Attorney
L.C. Fortner, Jr., Dir. of Public Utilities
Steve Figley, Asst. Dir. of Public Utilities
Lieut. Ronald Suit, Fire Department
Captain Buck Farrenkopf, Police Department
Chuck Elders, Street Superintendent
Lydia J. Wilkerson, Deputy Clerk
AGENDA ITEM #I - CALL TO ORDER
The meeting was called to order by Chairman - Mayor Oakland R.
Chapman.
AGENDA ITEMS #II & III - INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was offered by Councilman Edward W. Douglas, followed
by the Pledge of Allegiance.
AGENDA ITEM tIV - PUBLIC HEARING AND FINAL RULING ON REZONING PETITION NO.
091 -R. FROM RESIDENTIAL SINGLE FAMILY TO COMMERCIAL
The public hearing and final ruling was held on rezoning petition no.
091 -R, from Residential Single Family to Commercial.
After discussion by citizens for and against the rezoning, a petition
was presented to the Council by citizens of the neighborhood against the
rezoning as follows:
COPY OF PETITION ON NEXT PAGE
The Council expressed its concerns for the orderly and progressive
growth of the City and the necessity it felt to rezone the lots as
requested as they are contiguious to lots which are already zoned
commercial and the two lots in question were directly behind those already
zoned commercial.
Council also discussed the need for a "buffer" to be constructed by
the developer to protect those residents that will be affected by the
proposed shopping area.
City Attorney Bryant explained that the City could not require the
buffer be built.
Attorney John Cassels representing Channel Properties the requestee of
the rezoning, stated after conferring, that they would agree to enter intc
a binding contract agreement to put a "buffer" in the area as discussed.
Also, since the developers would be binding themselves to the buffer, the
would like to ask that the alley be closed because that's where the
developer would want to put the buffer.
Mayor Chapman announced it was time to take action on the agenda iten
of rezoning per 1091 -R.
Councilman Douglas stated, "Contingent upon the owners of the property
placing a buffer between the properties that would be complimentary to the
area, to protect the residents, I make a motion to rezone the property as
requested from Residential Single Family to Commercial." The motion was
seconded by Councilman Collins. Vote on motion was as follows: Collins
yes, Douglas yes, Rubin yes, Thomas yes. Motion carried.
Councilman Douglas stated further that unless the buffer waf
satisfactory he would have to withdraw his vote.
AGENDA ITEM tV - ACTION. BY THE COUNCIL, ON A REQUEST TO CLOSE THE ALLEY II
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AND 21ST STREETS S.W.
OKEECHOBEE COUNTY
Building & Zoning Dept.
303 N. W. 2nd St.
Okeechobee, Florida 33472
Phone 813/763 -5548
MEMORANDUM
TO: THE CITY COUNCIL
FROM: THE PLANNING COMMISSION
DATE: September 10, 1985
RE: Channel Properties #091 -R
REQUEST: The Applicant has requested the rezoning of Lots 11 & 12 of the
City of Okeechobee from RSF to Commercial.
DISCUSSION:
Attorney John Cassels represented this applicant in this zoning
request. He gave the following reasons for allowing this zoning
change:
(1) The zoning boundary for the Commercial zoning is illogically drawn
for the growth of Okeechobee.
(2) By allowing the additional depth it would allow the developer to buffer
the intended business activity from the Residential zoning district.
(3) It is not reasonable to restrict the Commercial district to the single
tier of lots measuring 150' deep. It is an economic and commercial necessity
to have this additional depth.
(4) The potential developer agreed to establish a buffer zone between the two
uses and would leave the trees boardering the west end of the property. They
expressed the desire to work with the residents of the area to reach a solution
that is agreeable to everyone.
The spokesman for those objecting was Rick Sizemore. He and those
objecting gave the following reasons for wanting the zoning request
Denied:
(1) The rezoning of these two lots would reduce the value of their property.
(2) No one enforces the buffers that are agreed to by the developers.
(3) There are other sites in the area that meet the needs of the buyer
that do not need rezoning.
(4) They prefer to have the lots remain as woods or developed as a residential
site.
ACTION TAKEN:
Jack Williamson expressed the view that both groups had made some
excellent points. He then made a motion to recommend the zoning
request be denied. Jim Enrico seconded the motion.
Motion carried unanimously to deny the petition.
John A. Louthan
Planning Commission
Okeechobee City and County