402 Wallace W. and Dora NortonORDINANCE NO. 402 (26)
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE,
FLORIDA; AMENDING APPENDIX A BEING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF OKEECHOBEE WHICH ESTABLISHES ZONING
REGULATIONS AND PROVIDES FOR THE ADMINISTRATION, ENFORCEMENT AND
AMENDMENT THEREOF; PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF
SPECIFIED LAND FROM Residential Single Family to Commercial.
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 hearings have been held as required by Appendix A, the Comprehensive
Zoning Ordinance of the City of Okeechobee, and
WHEREAS after consideration of the requirements of the Comprehensive Zoning
Ordinance and the land use plan of the City of Okeechobee as set out in the City
of Okeechobee Comprehensive Plan and further after consideration of the public's
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 herein stated; 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
Residential Single Family to Commercial.
Lot 1, Block 3, Southwest Addition to Okeechobee, According
to the Platthereof recorded in Plat Book 2, Page 7 of the
public records of Okeechobee County, Florida.
SECTION 2. That the appplication requesting this zoning change and proof of
publication for any and all public hearings in connection herewith shall be attached
to and become a part of this Ordinance.
SECT:0N 3. The Zoning Administrator shall make the appropriate change on the
city's zoning map in accordance with this ordinance.
SECTION 4. This Ordinance shall become effective immediately upon its adoption.
-2-
Introduced on first reading and set for public hearing this 2nd day of
May , 19 83.
Mayor
ATTEST :'
City Clerk
Introduced and passed on second and final reading this 6th day of June
1983
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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LARRY MOBLEY
Chief Of Police
Okeechobee Police Department
CITY HALL
55 S. E. 3rd AVENUE
OKEECHOBEE, FLORIDA 33472
763 - 5521
April 7, 1983
MEMORANDUM
TO: Mr. Fellows
FROM: Chief Mobley
PHILLIP W. PURVIS
Lieutenant
IN RE: Parking along S. W. Park St. in front of
Council on Aging.
The Council on Aging has a parking lot for their people.
This lot was not sufficient and the City got permission to
use property across the street for parking. This property
in the wet season becomes muddy and can't be used without
vehicles getting stuck. Therefore, those vehicles are again
parking along the street causing a traffic hazard.
To further complicate the problem, Billy Suarez and Joe Perry
both have businesses in the same area. Suarez handles people
from groves and work crews and they park along the street in
front of his house. Joe Perry runs a body shop and his cus-
tomers park along the street. We have had complaints about
this area also.
If No Parking signs are erected 'along the street in front of
the Council on Aging, I feel we should in all fairness also
put up signs in front of Suarez and Perry's places.
I feel that if the property arranged for by the City for park-
ing by the Council on Aging could be shelled so that it can be
used by them at all times, it would alleviate the problem on
the street as far as they are concerned. However, we still
have a problem as far as Suarez and Perry are concerned and at
this time, I have no easy solution.
While we are on the subject of parking, Mr. Norton of Comet
Cleaners is considering making a pick up and delivery spot for
his cleaning customers at his residence on S. W. llth Avenue
and South Park Street. This may be a potential parking problem
as well.
-1-
LARRY MOBLEY•
Chief Of Pollee
Page 2
MEMORANDUM TO MR. FELLOWS
IN RE: Parking along S. W. Park Street in front of
Council on Aging.
Okeechobee Police Department
CITY HALL
55 S. E. 3rd AVENUE
OKEECHOBEE, FLORIDA 33472
763. 5521
PHILLIP W. PURVIS
Lieutenant
Keeping in mind the parking problem we already have in this
area with the Council on Aging, Billy Suarez and Joe Perry's
Body Shop, I believe the City should consider the existing
problem very carefully before allowing any changes that may
create further parking hazards.
Respectfully,
Larry Mobley,
Chief of Police
LM: s1
14;ORIOP,'
CITY OF OKEECHOBEE
CI'ry IJAL!. 55 S. E. THIRD AVENUE 813/763 -3372 OR 763 -3667
OKEECIioliEE. FLORIDA 33472
Horne of The Second Largest Fresh Water Lake in the United Stales
MEMORANDUM
TO: The City Council
FR: The Planning Board
DATE: April 27, 1983
RE: Rezoning request of Wallace and Dora Norton to be
rezoned from Residential Single Family to Commercial,
Lott, Block 3, Southwest Addition to Okeechobee.
This property is located at 100 S.W. llth Avenue.
Request: Rezoning request to be used as Comet Cleaners
pickup and for the business of Instant Tee's.
Discussion: There were objections voiced. (see attached)
Action Taken: Board members reviewed the sixteen requirements
with no objections to the findings and all in
accord. Member Altobello moved to recommend
to City Council to grant the rezoning from
Residential Single Family to Commercial.
Seconded by Member O'Connor. Members Altobello,
Kirk and O'Connor voted yes. Member Ferneau
voted no. Member Wright was absent.
Ja eS E. Kirk
Manning Board Chairman
City of Okeechobee
JEK:nbc
We the undersigned are opposed to the rezoning request of Wallace Norton
for the following reasons:
1) Inadequate parking - lot size so narrow cars will have to back
into the street to get out; and the City right -of -way may have
have to be used for parking.
2) Additional traffic will create a greater hazard than the existing
problems caused by Council on Aging.
3) Once rezoned anything allowed in Commercial zoning can go in.
4) The majority of the surrounding property (other than directly on
South Park Street) is Residential, Single Family.
We urge the members of the Planning & Zoning Board to survey the area prior
to rendering any decision regarding the request.
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NAME
DATE VV ; / 9 S
Findings - REZONING
A. Is the proposed change contrary Lo the established land
use pattern?
Will the proposed change create an isolated district
unrelated to adjacent and nearby property"?
C. 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?
. Are existing district boundaries illogically drawn in
relation to existing conditions on the property proposed
for change?
. Will the proposed change be contrary to the City's compre-
hensive plan?
. Do changed or changing conditions make the passage of the
proposed amendment necessary?
Will the proposed change adversely influence living condi-
tions in the neighborhood?
H. Will the proposed change create or excessively increase
traffic congestion or otherwise affect public safety?
I. Will the proposed change create a drainage problem?
J. Will the proposed change seriously reduce light and air
to the adjacent areas?
K. Will the proposed change adversely affect property values
in the adjacent area?
. Will the proposed change be a deterrent to the improvement
or development of adjacent property in accord with existing
regulations?
M. Will the proposed change constitute a grant of special
privilege to an individual owner as contrasted with the
public welfare?
N. Are there substantial reasons why the property cannot be
used in accord with existing zoning?
Is the change suggested out of scale with the needs of the
neighborhood or the City?
Is it impossible to find other adequate sites in the City
for the proposed use in districts already permitting such
use?
DATE January 25th, 1983
REQUEST #
PLANNING BOARD
NOTICE SENT
ADVERTISEMENT
cg/ `?/ / 3
HEARING DATE 2/ // Y 2)
BOARD OF ADJUSTMENT & APPEALS CLOSING DATE .-,1.3//////61/4
FEE PAID W)Q . i? U
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 WALLACE W. NORTON and DORA NORTON, his wife
2. Name of applicant if other than owner
John D. Cassels, Jr.
Relationship to owner: agent;
XX attorne'
3. Mailing address for notification Post Office Box 968, Okeechobee, Fl. 33472
Telephone # (813) 763 -3131
4. Legal description of property involved (as found in official records):
Attach additional sheets if necessary.
Lot 1, Block 3, SOUTHWEST ADDITION TO OKEECHOBEE, according to the
platthereof recorded in Plat Book 2, Page 7 of the public records
of Okeechobee ColAnty, Florida.
5. Street address and/or descriptive location of property:
100 Southwest 11th Avenue, Okeechobee, Florida
REZONE OF LAND
1. Proposed change Zoning Classification from RSF
Commercial
2. Are there improvements on the property at this time?
to
3. How is the property being used at this time? residential
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
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 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
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 owne . I further certify
that the above answers and information on this catio are true ..d
correct.
Sign
J N 1. CASSELS, JR.
Attorney for Applicants
TO:
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O ECH5L L 33472
PHONE: 763-4909
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WARRANTY DEED
IN DIVID. TO INDIVID
This -Warranty Deed Made the 14th day of November
DAN F. ARMSTRONG and NORMA F. ARMSTRONG, his wife
hereinafter called the grantor, to
WALLACE W. NORTON and DORA NORTON, his wife �C �1
u>hose postoffice address is 304. J. E. 3r 5�� A1iI oe (1..e 33,!(,'
r �,��j, ��{ .405
'4 slrAittGO FORM 01
A. 1). 19 80 by
hereinafter called the granted:
(K'herecer used herein the terms "gran tot " and "grantee" include all the parties to this instrument and
the heirs, legal tepresentatis es and assigns of indisiduals, and the sue cessors and assigns of corporations)
•
UUltnesseth: That the grantor, for and in consideration of the sum of S 10,00 and other
valuable considerations, receipt ti 'hereof is hereby acknou'lt'dged, hereby grants, bargains, sells, aliens, re-
ntises, releases, conveys and confirms unto the grantee. 011 thief certain land situate in Okeechobee
County, Florida, viz:
Lot 1, Block 3, SOUTHWEST ADDITION TO OKEECHOBEE,
according to the plat thereof recorded in Plat
Book 2, Page 7 of the public records of
Okeechobee County, Florida.
SUBJECT TO restrictions, reservations and easements
of record, if any.
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Together with all the tenements, hereditaments and appurtenances thereto belonging or in any-
wise appertaining.
0 Have and to Mold, the same in fee simple forever.
find the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land
in fee simple: that the grantor has good right and lawful authority to sell and convey said land; that the
grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of
all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent
to December 31, 19 79.
in fitnessherenf, the said grantor has signed and sealed these presents the day and year
first above written.
Signed, sealed and deliv red ' ur prose. -'e:
ef
STATE
COUNTY OF
FLORIDA
OKEECHOBEE
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared
DAN F. ARMSTRONG and NORMA F. ARMSTRONG,
his .wife
..to•mc...known to be the person s described in and who executed the
foregoing, instrument and each acknowledged before me that they
I c,: e;eo d the same,
/; WITNESS my hand and officiAl in the County and
State last aforesaid this 1 4 CI day of
N.vember , A. D. 1981
Notary of Florida
This 7us /rutltt s i on ExDD�, r e s
nt J r l6trdaw0 Tnsnsa0 * E U uulraWy xq pspao0
TOM W. Y, III 196111 Alnt sardx3 uotsnwu c) Aye
1 ddrt °ss207 NW 2nd Street a uei le epuom to men ')1.1gna drel:;1
Okeechobee, Florida 33472
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NCTICE 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 Residential,
Single Family to Commercial and amend accordingly Appendix A being the Compre-
hensive Zoning Regulation, the following described real property, situate, lying
and being within the corporate limits of the City of Okeechobee, Florida, to -wit:
Lot 1, Block 3, Southwest Addition to Okeechobee, according
to the Plat thereof recorded in Plat Book 2, Page 7, of the
public records of Okeechobee County, Florida.
Granting the rezoning will allow the existing building to be used as Comet
Cleaners pickup station and for the business of Instant Tee's.
A second and final hearing in relation thereto will be held at 7:00 P.M. on
June 6, 1983, 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.
J
ee
Bonnie S. Thomas, CMC
City Clerk
City of Okeechobee
PUBLISH IN THE OKEECHOBEE NEWS: May 6th and llth, 1983.
Posted on property May 6th, 1983, by Building Official Mallette Westbrook. Additional
information may be obtained by calling 763 -3372.
allette Westbrook
Building Official
NOTICE OF INTENTION TO AMEND CITY ZONING ORDINANCE # 402
NOTICE is hereby given that the Planning Board of the City of
Okeechobee, Florida, a municipal corporation will consider rezoning
from Residential Single Family to Commercial and to amend according
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:
Lot 1, Block 3, Southwest Addition to Okeechobee
and that a public hearing in relation thereto will be held at 7:00 P.M.
on the 1st day of March, 1983, 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 S. Thomas
City Clerk
City of Okeechobee
PUBLISHED IN THE OKEECHOBEE NEWS: February 9, 1983.
Posted on property February 9, 1983, by Building Official, J. Mallette
Westbrook. Additional informantion may be obtained by calling 763 -3373.
11 Z1 2 .. 1c _ _.__._.
2/ Mallette Westbrook
Building Official
3316
REGULAR MEETING
The City Council of the City of Okeechobee, Florida met in regular session in Council
Chambers, 55 Southeast Third Avenue, Okeechobee, at 7:00 P.M.
Chairman /Mayor Edward W. Douglas called the meeting to order with the following
Councilmen present:
Edward W. Douglas, Chairman /Mayor
James H. Knight, Vice Chairman
Dowling R. Watford, Jr.
Oakland Chapman
Oscar Thomas
Others present were:
Bonnie S. Thomas, City Clerk
Richard C. Fellows, City Administrator
David M. Conlon, City Attorney
James Broome, Consulting Engineer
L.C. Fortner, Jr., Director of Public Works
Larry Mobley, Police Chief
L. Keith Taney, Fire Chief
J. Mallette Westbrook, Building Official
Rosemary Miller, Executive Secretary
Janice M. Mann, Deputy Clerk
AGENDA ITEMS #II & #III - INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was offered by Director of Public Works, L.C. Fortner, Jr., followed
by the Pledge of Allegiance.
83 -2 AGENDA ITEM #IV - APPROVAL OF MINUTES
With no corrections, additions or deletions noted, Councilman Watford moved that the
minutes of the regular meeting of May 16, 1983, be approved as presented, seconded by
Councilman Chapman. Motion carried.
83 -49 AGENDA ITEM #V - EMPLOYEE "CEKI'IFICATES OF APPRECIATION"
Chairman /Mayor Douglas presented "Certificates of Appreciation" to the employees who
have been with the City of Okeechobee for five to ten years.
The employees were: Kelly J. Ammons, Police Department; Eugene O'Neill, Police Depart-
ment; Ehmund Farrenkapf, Police Department; Watt Horton Gragg, Fire Department; Donnie
Metzcher, Fire Department; L. Keith 'iomey, Fire Department; Floyd Selph, Street Department;
Charles Elders, Street Department; Clyde P. Lang, Water Department; Charles R. Jordan,
Water Department; Bobby Birts, Water Department; Forrest D. Wyatt, Water Department; and
Jerome Smith, Police Department. Other employees not present to receive their certificates
MONDAY, JUNE 6, 1983
1
were: Lola Parker, Clerk's Office; William Pokusa, Water Department; Jeffrey Elders, Water
Department; and Bernice Elders, Public Works Department.
On behalf of the Council and himself, the Mayor thanked the employees for their dedicated
service to the City.
83 -46 AGENDA ITEM #VI - REZONING REQUEST - WALLACE NORTOON
Chairman Douglas read for second and Final Hearing an ordinance rezoning the property at
the corner of Southwest llth Avenue and Southwest Park Street from residential, single family
to commercial, as requested by Mr. and Mrs. Wallace Norton. The title was read as follows:
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE,
FLORIDA; AMENDING APPENDIX A BEING THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF OKEECHOBEE WHICH ESTABLISHES ZONING REGULATIONS AND
PROVIDES FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF;
PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF SPECIFIED LAND FROM
RESIDENTIAL SINGLE FAMILY TO COMMERCIAL.
Chairman Douglas noted the Planning Board recommendation to grant the rezoning, and called
for comments and /or objections from those present in the audience.
Citizen Rick Jordan asked the Council to take into consideration the dangerous inter-
section and if the rezoning is approved, asked that certain stipulations be required
(IE: 4 -Way Stop, Etc.).
With no further comments voiced, Councilman Knight moved to grant the rezoning request
fran residential, single family to ccmnercial, seconded by Councilman Thomas.
Councilman Watford asked and was advised by the attorney, that a rezoning could be
granted with certain stipulations.
The Council reviewed the parking plans submitted. 'Norton advised that the three
parking spaces facing South Park Street will be eliminated to allow for a drive -thru
window.
With no further discussion, the Chair called for a vote on the motion to grant the
rezoning. Councilman Thomas, Knight and Chapman voted yes. Councilman Watford opposed.
Motion carried.
Councilman Watford stated, "I realize that all of Park Street will be commercial
eventually, however, all the problems concerning this request have not been addressed
and resolved ".
83 -44 AGENDA ITEM #VII - ORDINANCE - PETITION FOR ANNEXATION
Chairman Douglas presented for second and Final Hearing an ordinance annexing certain
property in the unincorporated areas of Okeechobee County to the City of Okeechobee. The
title was read as follows:
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE;
ACCEPTING PETITIONS FOR VOLUNTARY ANNEXATION OF CERTAIN PARCELS OF
LAND IN THE UNINCORPORATED AREA OF OKEECHOBEE COUNTY, FLORIDA, CONTIGUOUS
TO THE PRESENT BOUNDARIES OF THE CITY OF OKEECHOBEE; PROVIDING FOR REDE-
FINING OF THE MUNICIPAL BOUNDARIES TO INCLUDE SAID PARCELS; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
3318
The Chair called for objections or comments form those present with regard to the
annexation of this property to the City of Okeechobee. None were voiced.
Due to a need for expediency, Councilman Knight moved to adopt the ordinance annexing
the said parcel of land as commercial, seconded by Councilman Thomas.
Due to the fact this was not a rezoning proceeding, Attorney Conlon clarified, "The
motion should be, upon accepting the Petition granted the parcel of land should be designated
as commercial".
Councilman Knight agreed to the wording of the motion, seconded by Councilman Thomas.
Petitioner Jack Williamson asked about the procedures to allow the nursing home to be
built. Williamson was advised that the portion of property to be used for the nursing home
will have to be rezoned CPO through the Planning Board and a special exception requested.
The Chair called for a vote on the Motion to grant the annexation and designate the
parcel as commercial. Vote on Motion carried.
83-56 AGENDA ITEM #VIII - BID TABULATIONS - PAINTING WATER TOWER
Chairman Douglas noted receipt of the bid tabulations for the painting of the water tower
east of City Hall. The low bid being Suncoast Painting Company, Largo, Florida, in the amount
of Fifteen Thousand Two Hundred Sixty Five Dollars ($15,265.00).
Director Fortner asked Council to set aside any action on awarding the bid. Fortner
advised that he is still waiting for a list of job references from Suncoast Painting. The
next regular meeting is within the thirty day time limit for the bids. Council agreed to
postpone any action until the next meeting.
83-38 AGENDA ITEM #IX - FIRST HEARING - ORDINANCE AUTHORIZING ISSUANCE OF $3,212,900 IN BONDS
Chairman Douglas advised that due to the number of people involved in putting together
the bond ordinance for the City's Water and Sewer expansion, several revisions have been
found to be necessary and it is the opinion of the Bond Council the City should introduce
a new ordinance and set a Final Hearing for Mbnday, June 20, 1983. The title was read
as follows:
AN ORDINANCE AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF EXTENSIONS
AND IMPROVEMENTS TO THE WATER & SEWER SYSTEM AND THE REFUNDING OF CERTAIN
OUTSTANDING OBLIGATIONS OF THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING
FOR THE ISSUANCE OF NOT EXCEEDING $3,212,900 WATER AND SEWER REVENUE
BONDS, SERIES 1983, TO FINANCE PART OF THE COST OF SUCH PROJECT AND THE
REFUNDING; PROVIDING FOR THE PAYMENT THEREOF; PROVIDING FOR THE RIGHTS
OF THE HOLDERS OF THE BONDS; MAKING CERTAIN OTHER COVENANTS AND AGREE-
MENTS IN CONNECTION THEREWITH; AMENDING ORDINANCE NO. 356 OF THE CITY,
RELATING TO THE CITY'S OUTSTANDING WATER AND SEWER REVENUE BONDS, SERIES
1972, IN CERTAIN RESPECTS SO AS TO ENHANCE THE MARKETABILITY OF THE BONDS;
REPEALING ORDINANCE NO. 485, ENACTED ON APRIL 18, 1983, RELATING TO THE
SAME SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
The Chair opened the floor to the public for comments and/or questions.
Citizen Andy Rubin requested a copy of the latest ordinance. City Clerk to provide.
A citizen expressed concern with the mandatory hook-up requirement, noting that some
of her neighbors will not be able to afford such an expense.