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402 Williamson0]; INANCE NO. 402 ,_S ) ORDINANCE AMENDING ORDINANCE NO. 402 BEING THE COMPISIVE ZONING ORDINANCE WHICH ES \ LISHE,S ZONING REGULATIONS FOR THE CITY OF O:ECHOBEE, FLORIDA, AND PROVIDES FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF. AMENDMENT CHANGES CLASSIFI- CATION OF SPECIFIED LAND FROM INDUSTRIAL (I) TO RESIDENTIAL GENERAL (RG-2) WHEREAS, application has been duly made to change the zoning classification as hereinstated, and WHEREAS, all public notices have been duly published according to law, and WHEREAS, public hearing have been held as required by Ordinance 402, and WHEREAS after consideration of the requirements of Ordinance 402 and the land use plan of the City of Okeechobee and the public interest, it is deemed to be in the best interest of the City of Okeechobee to change the zoning classification of the land lying within the limits of the City of Okeechobee as hereinstated; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA. SECTION 1. That the following described real property is hereby rezoned from Industrial (I) to Residential General (RG -2). Lots 7 to 20 inclusive of Block 38, Okeechobee according to the Plat thereof recorded in Plat Book 2. Page 17, public records of St. Lucie County, Florida; and Plat Book 5, Page 5. Public Records of Okeechobee County, Florida. Twenty -foot easement (alley) lying between Lots 7 to 20 inclusive of Block 38 in Okeechobee City a subdivision lying and being in Section 16. Township 37 South, Range 35 East, Okeechobee County, Florida as recorded in Plat Book 1, Page 10, Okeechobee County, Florida, Public Records. SECTION 2. That the application requesting this Amending trdinance and proof of publication for any and all public hearings in connection herewith shall be attached to this Ordinance. SECTION 3. The City Clerk shall make the appropriate change on the city zoning map in accordance with this Ordinance. SECTION 4. This Ordinance shall become effective immediately upon final passage. DONE AND RESOLVED and made effective this 2 4 day of 11 81 I9 8 •UNIV ,'City e City of Okeechobee, Florida EDWA' i W. DOUGLAS President of City • it City of Okeechobee, Florida RECEIVED from 7 '1 CITY OF OKEECHOBEE, FLORIDA NQ 366 1981 A)0 tiff • Y Dollars ioo By DATE '✓ iM1.: -s r!, REQUEST ## PLANNING BOARD ,� BOARD OF ADJUSTMENT & APPEALS FEE PAID /27c4- z- . �1 / GENERAL NATURE OF REQUEST: A. X Rezone of Land B. C. NOTICE SENT 3/P 7/ ADVERTISEMENT / /W/ -4/22 /I HEARING DATE //7/ k% / /g/ CLOSING DATE � /�,',� 5/2(/ i UNIFORM LAND USE APPLICATION D. Variance Zoning Ordinance Change E. Special Exception 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 Faye A. Williamson 2. Name of applicant if other than owner Relationship to owner: agent; attorney. 3. Mailing address for notification P.O. Box 668 Okeechobee, Fla. 33472 4. Telephone Number 763 -3143 5. Legal description of property involved (as found in official records): Attach additional sheets if necessary. Lots 7 thru 20 Block 38 City of Okeechobee 6. Street address and /or descriptive location of property: Corner of N.W. 9th St. and N.W. 5th Ave. A. REZONE OF LAND 1. Proposed change Zoning Classification from Industrial RG -2 2. Are there improvements on the property at this time? No 3. Iiow is the property being used at this time? Vacant to 4. Would any present use of the property be considered a violation of Zoning Ordinance 402, or any other Ordinance of code of the City of Okee- chobee? No If yes, please state nature of the violation: ). Do you wish to appear and make a presentation before the Planning Board and the City Council at the necessary public hearings? 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 pro- perty described in paragraph 5 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 pro- perty 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. Sign/ y 0 ,!=.( ,/ /xtirr�r�.L) B. ZONING ORDINANCE CHANGE 1. Please state the section and paragraph number to which a change in the Zoning Ordinance (Number 402 ) is sought: 2. Please state the nature of the change: 3. If you are not a City Official, Employee or Council Member, why do you feel this change will be beneficial to the citizens of the City of Okee- chobee? I hereby certify that the above answers and information on this application are true and correct. Sign C. APPEAL OF DECISION OF ZONING ADMINISTRATOR 1. Please state nature of request to Zoning Administrator: 2. Please state decision of Zoning Administrator and approximate date of decision: 3. Why do you feel this decision is in error? 4. Please state any statute, code or ordinance provisions that support your position: I hereby certify that the above answers and information on this application are true and correct. Sign D. VARIANCE 1. Nature of variance sought: We would like to build a 26 Apt. complex and we are 2200 square feet short of the amount required. Be specific as to size, height, area, dimensions, etc. 2. 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? The lots are 140 feet in length as compared to other lots in the area which are 150 feet. 3. Did the special condition or circumstance result from your action? NO 4. What is the minimum variance that would be necessary for a reasonable use of the land, building or structure? 2200 square feet 5. Please state any other reasons whey �youl Teel this variance— should be granted? By granting the variance w ou e a owe to ui the 26 apartments and there is a definite need for rental housing in Okeechobee I hereby certify that the above answers and information on this application are true and correct. Sign jc r /� E. SPECIAL EXCEPTION 1. Please state nature of special exception desired? 2. Please state the Zoning Ordinance Section under which the special exception is sought? I hereby certify that the above answers and information on this application are true and correct. Sign Roy C. Jones. M&J Land Co,. Does not object if Mrs Williams plans to build right away. If rezoning is for speculation then Mr. Jones would Object. See Jones Co. JONES 'LFAL ESTATE REAL ESTATE • APPRAISALS • INVESTMENTS PLANNING BOARD City of Okeechobee Okeechobee, Florida Dear Ms Lowe: 6 1 4 N . E . S I X T H A V E N U E FORT LAUDERDALE, FLORIDA 33304 March 20, 1981 RE: Rezoning from Industrial To Residential In reference to your inquiry to M & J Lands Inc. on Rezoning as requested by Mr. Faye Williamson on Lots 7 thru 20 Block 38 City of Okeechobee from Industial to Residential. We have no objection to changing the Zoning as requested by Mr. Williamson. RCJ /b INCOME AND INVESTMENT PROPERTIES Very truly yours, garze6. 24*e2.iie.6, VARIANCE, SPECIAL EXCEPTION, & REZONING CHECKLIST I. Items required with application _ZA. Properly filled out application �B. Plot and construction plans drawn to scale with required /information as follows: r� 1. Shape and size of lots -2. Location and size of existing buildings if any . j. Location and size of buildings to be erected or altered .1L4. Existing use of buildings on the lot if any 4Z5. Intended use of building(s) or parts thereof .44.4. Number of families or occupants building is designed to accommodate . Location and number of required off - street parking and loading spaces a4/. Locations and descriptions of existing and proposed landscaping 9. Other pertinent information . Certification that lot is properly staked II. Special conditions and safeguards in granting variance or spec. exc. A. Time limit to begin or complete action requiring var. or spec. exc. B. Other III. 'Findings - REZONING 442A. Is the proposed change contrary to the established land use pattern? !rcyB. Will the proposed change create an isolated district un- related to adjacent and nearby property? LC. Will the proposed change materially alter the population density pattern and thereby increase or overtax the load on public facilities such as schools, utilities, streets, etc.? 1n. Are existing district boundaries illogically drawn in relation to existing conditions on the property proposed for change? 4k LE. Will the proposed change be contrary to the City's conprehensive plan? Y� F. Do changed or changing conditions make the passage of the proposed amendment necessary? rD 409G. Will the proposed change adversely influence living con- , / ditions in the neighborhood? 4) H. Will the proposed change create or excessively increase traffic congestion or otherwise affect public safety? 4I. Will the proposed change create a drainage problem? 4/147J. Will the proposed change seriously reduce light and air to the adjacent areas? /2K. Will the proposed change adversely affect property values in the adjacent area? ALL. Will the proposed change be a deterrent to the improvement or development of adjacent property in accord with existing regulations? ILIA. Will the proposed change constitute a grant of special privilege to an individual owner as contrasted with the public welfare? s N. Are there substantial reasons why the property cannot be (-- used in accord with existing zoning? 42Q. Is the change suggested out of scale with the needs of the neighborhood or the City? /5P. Is it impossible to find other adequate sites in the City for the proposed use in districts already permitting such use? co° iq 1411 c.": • . - 1x. 1 00. 1 ti) GO 7" V I 0' p•A r - t..* • cs 14 1,11 r- .r-e - I I ; CI 1 '1 tor I (SI • T • 14" *' 1 I )‘\ '"1\ t,A,I-;■•:1",\ \\ i 4 ■■■•,‘I I.\ ,4,,\ ,co I .■• 4 61 Lz.e/e/&,c71 1 C.: ""'■ . t. 6.1 1 I 9-1 • ‘,1 a) • 1 , _.,..,.. I t c". ....L 41 )-- . 11' .1 1.--- - .2, ,..... L..; c. , •• t.•4 . , — te '4 ,. 1 Lj ,--r C:\ c.' - i.a.", - - - ' ry• ■.1. , i•3'.'. ''.I. ''''' .- CC p ,r ,,5,, i) 2- ,.. t : i .i. , 1 r--:' 1 1 • -'- 11 :- 1 ) N ( r' • - P • , I I 2 1 " , 't ‘. 4.1 "04.64 1 1 , •4 • •• r, .1.1 \ •'i'l ' ' 4 i ‘.. , 1 . . v — r r- t , • .c) ; I - try tt.4 t-t . co ,er,2 1 I -? 1 5 1 1 1 • • I i U t: t • , 1 , I I s '■ I I 11 f \ ."... r tr: '1' •I ‘ 1. Y1\ ‘ 1% 4. I 11 i 7 •■ -r • 1 :,i i ** 1' .--...;" tAtS .• ' 4 I k k -,1 '‘.; 'A r - r ", r k 'L- 7.1, / 1 ..„,, ,..,,,,,... L....:,..... 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Mie► .« , .0.010 """'r NI I And ar sold parties .e the per pert d. careamert roe* Or wad paitt pre Am .. ur.l part that the 'V err t.w°f llv erred a./ � ��� nil "*4 ww.hressurs need A*' ft*, prior irMe+�+t tl — lei „wtb.•r•t • t.• ern elms ■+•w• . n..d ao semi port i rs .4 A. Mat pro j' mow, rho Heir •.• wad toad. dad NS. 401•44 Filer wow � A" l.,w S `Amm' a/ a/ Mr'rr+r'tM Ili WWI 1161111111, th• woad port a rs 4 eh• per pro hater henNea.i' re fA+i1 Mw1 w earl ,.,d • fir shag ar•I row ..Iror. 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Nv commission expires ;3 NOTICE OF INTENTION TO AMEND CITY ZONING ORDINANCE #402 NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee, Florida, a municipal corporation will consider rezoning from Industrial to Residential General (RG -2) and to amend accordingly the Comprehensive Zoning Ordinance #402, the following described real property, situate, lying and being within the corporate limits of the City of Okeechobee, Florida, to-wit: Lots 7 thru 20, Block 38, City of Okeechobee N.W. 9th Street and N.W. 5th Avenue) Granting the rezoning will allow a 26 unit apartment complex to be built. A second and final hearing in relation thereto will be held at 7:00 P.M., on the 26th day of May, 1981, in the City Council Room, City Hall, Okeechobee, Florida, at which time all parties in interest and citizens shall have an opportunity to be heard. Any person who decides to appeal any decision of the City Council with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. PLEASE GOVERN YOURSELVES ACCORDINGLY. Bonnie S. Thomas City Clerk City of Okeechobee PUBLISH IN THE OKEECHOBEE NEWS: April 22nd, 1981. Posted on property April 22, 1981, by Building Official Mallette Westbrook. Additional information may be obtained by calling 763 -3372. Mallette Westbrook Building Official NOTICE OF INTENTION TO AMEND CITY ZONING ORDINANCE $402 NOTICE OF REQUEST FOR VARIANCE NOTICE is hereby given that the Planning Board of the City of Okeechobee, Florida, a municipal corporation will consider rezoning from Industrial to Residential General (RG-2) and to amend accordingly the Comprehensive Zoning Ordinance #402, the following described real property, situate, lying and being within the corporate limits of the City of Okeechobee, Florida, to -wit: Lots 7 thru 20, Block 38, City of Okeechobee N.W. 9th Street and N.W. 5th Avenue NOTICE is hereby given that the Board of Adjustments and Appeals of the City of Okeechobee, Florida, a municipal corporation, will consider a request for a variance and to amend accordingly the Comprehensive Zoning Ordinance #402, the following described real property, situate, lying and bring within the corporate limits of the City of Okeechobee, Florida, to -wit: Lots 7 thru 20, Block 38,City of Okeechobee N.W. 9th Street and N.W. 5th Avenue Granting of the request for Variance would allow a 26 Apartment Complex for rental housing. A public hearing in relation thereto will be held at 7:00 P.M., on the 7th day of April, 1981, in the City Council Room, City Hall, Okeechobee, Florida, at which time all parties in interest and citizens shall have an opportunity to be heard. PLEASE GOVERN YOURSELVES ACCORDINGLY Bonnie Thomas City Clerk City of Okeechobee PUBLISH IN THE OKEECHOBEE NEWS: March 18, 1981 Posted on property March 18, 1981, by Building Official J. Mallette Westbrook. Additional information may be obtained by calling 763 -3372. J. Mallette Westbrook Building Official SECOND REGULAR MEETING TUESDAY, MAY 26, 1981 The City Council of the City of Okeechobee, Florida, convened in a regular session in Council Chambers at City Hall, Okeechobee, on Tuesday, May 26, 1981, at 7:00 P. N:. Chairman /Mayor Edward W. Douglas presided with the following Councilmen present: Donald Burk, Oakland Chapman and Dowling Watford, Jr. Councilman Jim Knight was absent. Others present were City Clerk Bonnie S. Thoams, Administrative Assistant Richard C. Fellows, City Attor :y David Conlon, Director. of Public Works L.C. Fortner, Jr., Police Chief Larry Mobley, and Secretaries Rosemary Lear and Chris Edwards. Chairman Douglas ::abed the mooting to order. The :invocation: was offered by Councilman, Dowling Watford, Jr. ci APPROVAL OF ;INUTES With no additions, deletions or corrections needed, Councilman Chapman moved to approve the minutes of the April 26th, regular meeting, the May 7th, recessed meeting and the May 12th, 1931, regular meeting, seconded by Councilman Burk, motion passed. PUBLIC HEARING SECOND AND FINAL HEARING - REZONING REQUEST FAYE WILLIAMSON Chairman Douglas presented for final hearing the request to rc ^one Lots 7 -20, Block 3J, located near the intersection of Northwest 5th Avenue and Northwest 9th Street from Industrial to Residential, General for the purpose of constructing some Farmers Home Ad- ministration residential housing units. Chairman Douglas read the ordinance amendment as follows: ORDINANCE AMENDING ORDINANCE N0. 402 BEING THE COMPREHENSIVE ZONING ORDINANCE WHICH ESTABLISHES ZONING REGULATIONS FOR THE CITY OF OKEECHOBEE, FLORIDA, AND PROVIDES FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF. AMENDMENT CHANGES CLASSIFICATION OF SPECIFIED LAND FROM INDUSTRIAL (I) TO RESIDENTIAL, GENERAL (RG -2). WHEREAS, application has been duly made to change the zoning classification as hereinstated, and WHEREAS, all public notices have been duly published according to law, and WHEREAS, public hearing. have been held as required by Ordinance 402, and WHEREAS, after consideration of the requirements of Ordinance 402 and the land use clan of the City of Okeechobee and the public interest, it is deemed to be in the best interest of the City of Okeechobee to change the zoning classification of the land lying within the limits of the City of Okeechobee as hereinstated; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA. SECTION 1. That the following described real property is hereby rezoned from Industrial (I) to Residential General (RG -2): Lots 7 to 20 inclusive of Block 38, Okeechobee according to the Plat thereof recorded in Plat Book 2, Page 17, public records of St. Lucie County, Florida; and Plat Book 5, Page 5, public records of Okeechobee County, Florida. Twenty -foot easement (alley) lying between Lots 7 to 20, inclusive of Block 38 in Okeechobee City a subdivision lying and being in Section 16, Township 37 South, Range 35 East, Okeechobee County, Florida, as recorded in Plat Book 1, Page 10, Okeechobee County, Florida, Public records. ti`,'#' .. SECTION 2. That the application requesting this Amending Ordinance and proof of publication for any and all public hearings in connection herewith shall be attached to this Ordinance. SECTION 3. The City Clerk shall make the appropriate change on the city zoning map in accordance with this ordinance. SECTION 4. This Ordinance shall become effective immediately upon final passage. DONE AND RESOLVED and made effective this day of 1981. The Flannine Board recommended approval of this request. With no objections voiced, Councilman Burk moved to rezone Lots 7 -20, Block 38, from Industrial to Residential, General, for the purpose of constructing residential housing units, seconded by Councilman Chapman. Councilman Watford asked if Northwest, 10th Street was open and if Northwest 5th Avenue was open. Councilman Watford was informed that 10th Street was closed but 5th Street was open. Charles Allen Robertson, representing Williamson, asked if Residential, General included RG -2. Chairman Douglas assured him it specified HG-2. No further comments, Chairman called for a vote on the motion to approve the request, vote unanimous, motion passed. 81 -51 RROW, INC. - VACATE RIGHTS TO CLOSED ALLEYWAY Chairman Douglas presented for discussion, a letter in regard to an alleyway located in Block 38, previously closed in 1976 with the reservation of a water easement. Director Fortner stated in a memorandum to the Council, since the water lines run '1c 9th Street, there seems to be no need for an easement to the above mentioned `may. Chairman Douglas stated an ordinance had been drafted vacating all rights in the alleyway. Councilman Burk moved that Chai_.__r,. Douglas read by title only the proposed crdirRance and set a final hearing,, :seconded by Councilman Chapman, vote carried. Chairman Douglas read the title as follows: AN ORDINANCE CLOSINJG DISCONTINUING AND VACATING ALL RIGHTS TO THAT CERTAIN ALLEY RUNNING EAST AND WEST IN FLOCK 38, ALL BEING I11 OKEE- CHOBEE CITY, A SUBDIVISION IN SECTION 16, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. Second and final hearing set for June 9th, 1981. :- :0RRUw, INC. - REQUEST FOR CITY SEWER Chairman Douglas presented a request from [Morrow, inc. for authority to connect to city sewage system for disposal of sanitary waste in connection with the construction of Farmers Horne rental housing units. Assistant Fellows stated this was a routine request to the City Council for authority to connect to the system. The treatment plant will handle the additional flow. Director Fortner noted the construction company is to construct a lift station ar:d ;:meet to the force main. 1