402 Leonard McCann4
ORDINANCE NO. 402 (25)
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 GENERAL -2 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 general -2 to commercial:
Lots 11 and 12, Block 143, City of Okeechobee, according to
the plat thereof recorded in Plat Book 5, Page 5, public
records of Okeechobee County, Florida.
311 N. E. Second Street, Okeechobee, 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.
SECTION 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 12 day of
October
19 8�
ATTEST:
City Clerk
Introduced and passed on second and final reading this 23 day of November
1982.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
MEMORANDUM
CITY OF OKEECHOBEE
CITY HALL 55 S. E. THIRD AVENUE 813/763 -3372 OR 763 -3667
OKEECHOBEE, FLORIDA 33472
Home of The Second Largest Fresh Water Lake in the United States
TO: The City Council
FR: The Planning Board
DATE: October 6, 1982
RE: Rezoning request of Leonard H. & Patsy S. McCann to be
rezoned from Residential General -2 to Commercial, Lots
11 and 12, Block 143, City of Okeechobee. This property
located at 311 N. E. Second Street, Okeechobee, Florida.
Request: Rezoning requested to renovate home on this property
and remodel into a flower shop.
Discussion: No objections voiced.
Action Taken: Board members reviewed the sixteen requirements
with no objections to findings and all in accord.
Member Ferneau moved to recommend to City Council
to grant the rezoning from Residential General -2
to Commercial. Seconded by Member Miller. Vote
unanimous.
a es E. Kirk
Planning Board Chairman
City of Okeechobee
JEK:reb
REQUEST #
PLANNING BOARD
BOARD OF ADJUSTMENT & APPEALS
FEE PAID e4L /3 ! � 4 /6) (). -
GENERAL NATURE OF REQUEST:
.NOTICE SENT
ADVERTISEMENT ,9 -j - -1-
HEARING DATE /D
CLOSING DATE / 0-
UNIFORM LAND USE APPLICATION
A. x Rezone of Land D. Variance
B. Zoning Ordinance Change E. Special Exceptioi
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 Leonard R. McCann and Patsy S. McCann
2. Name of applicant if other than owner none
Relationship to owner:
•
agent; attorne2
3. Mailing address for notification 1815 S.W. 5th Ave. Okeechobee, Florida 33472
H-763-69214
Telephone #W-763-1609
4. Legal description of property involved (as found in official records):
Attach additional sheets if necessary.
Lots 11 and 12, Block 143, City of Okeechobee, according to the plat thereof
recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida.
5. Street address and /or descriptive location of property:
311 N.T. 2nd Street, Okeechobee, Florida
REZONE OF LAND
1. Proposed change Zoning Classification from Residence General -2
Commercial
2. Are there improvements on the property at this time? Yes
3. How is the property being used at this time? Vacant - Residence
to
4. Would any present use of the property be considered a violation of
Zoning Ordinancerr 402, or any other Ordinance of code of the City of
Okeechobee? /v c' 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 44 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.
Sign Q.,�c.6Jyl,CZ ti-2 74-7, GGfivm_
The Planning Board
City of Okeechobee
Okeechobee, Florida 33472
Dear Planning Board Members:
Please find attached the following for Mr. and Mrs. McCann's
rezoning request for Lots 11 and 12, Block 143, City of Okeechobee,
from Residence General to Commercial:
1. Completed Uniform Land Use Application.
2. Eight copies of plot and plans drawn to scale which
include the followings
a. The shape and size of lots 100' wide and 150' deep (See
Attachment I).
b. The location of all existing buildings (See Attachment II).
c. Be additional buildings will be added to the property.
d. Existing home will be renovated and used as a flower shop.
The existing utility buildings will be used for storage of
supplies and the old garage on the northeast corner of the
property will be torn down. The existing front windows will
be replaced with store front windows, the entire building
will be painted, the carport will be opened up and the
entire corner will be made very attractive. Also, the interior
of the present building will be renovated.
e. The building will be used for a flower shop.
f. The number of off street parking spaces required for
commercial use are as follows:
Square feet in building (non - storage area)
1685
One parking space required for, each 250 square
feet of space. 1685 sq. ft. 7-250 = 7 spaces
See Attachment III for parking layout.
g. Present landscaping is shown in blue. New planter flower
boxes will be installed in front below proposed showroom
windows. See Attachment II for location of planters.
3. Please see attachments for a copy of Survey prepared September
1, 1982. Stakes are in place on property.
Please call Dick Ward at 763 -5588 if you need additional information
or wish to discuss.
Sincerely
Leonard R. McCann
5-0
or a-
PLAT OT SURVEY OF LOTS 11 AND 12, BLOCK 143
CITY OF OKEECHOBEE, OKEECHOBEE COUNTY, FLORIDA
SINVETED BY LEON H. WILLIS # 1358
OKEECHOBEE COUNTY, FLORIDA
9- / 1982
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LI. ' 7 :
a `anL y DLL (STATUTORY FORM— SECTION 689.02 F.S.)
�IIB 3tthPtltUrt, Made this
day of September
PAUL H. GRAHAM and DOROTHEA L. GRAHAM, his wife
of the County of , State of Indiana
This instrument was prepared by:
RETURN TO:
JOHN D. CASSELS, JR.
Attorney at Law
Post Office Box 968
OKEECHOBEE, FLORIDA 33472
LEONARD H. McCANN and PATSY S. McCANN, his wife
whose post office address is 1815 S.W. 5th Avenue, Okeechobee, Florida
of the County of Okeechobee
State of Florida
19 82, idehurrn
, grantor *, and
33472
, grantee *,
Itlitneflorth. That said grantor, for and in consideration of the sum of TEN DOLLARS
Dollars,
and other good and valuable considerations to sa dl�grannt�or� in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following
described land, situate, lying and being in Okeechobee County, Florida, to -wit:
LOTS 11 and 12, Block 143, OKEECHOBEE, according to plat thereof recorded
in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida.
SUBJECT to restrictions, reservations and easements of record, if any.
and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all
persons whomsoever.
"Grantor" and " rantee" are used for singular or plural, as context requires.
tttu'IiR lititrptif,
sealed t] d d liver . in our
ntor has hereunto set grantor's hand and seal the day and year first above written.
nce:
WITNESS as to both
TNESS as to both
PAUL H. GRAHAM
i(cci
(5_ f c ,
DOROTHEA L. GRAHAM
STATE OF Indiana
COUNTY OF Tipton
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally
PAUL H. GRAHAM and DOROTHEA L. GRAHAM.
to me known to be the person Sdescribed in and
the yexecuted the same.
WITNESS my hand and official seal
19 82
My commission expires:
January 7, 1983
his wife
appeared
(Seal)
(Seal)
(Seal)
(Seal)
who executed the foregoing instrument and acknowledged before me that
August
in the County and State last afogesaid this 26th day of
‘6Z///g-4;i
KAY . BURNS, Notary Public
Res ding in Tipton County, Indiana
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NOTICE OF IN'T'ENTION TO AMEND CITY ZONING ORDINANCE #402
NOTICE is hereby given that the City Council of the City of Okee-
chobee, Florida, a municipal corporation, will consider rezoning from
Residential General -2 to Commercial and amend accordingly Appendix A
being the Comprehensive Zoning Regulation, the following described real
property, situate, lying and being within the corporate limits of the
City of Okeechobee, Florida, to -wit:
Lots 11 and 12, Block 143, City of Okeechobee, according
to the plat thereof recorded in Plat Book 5, Page 5,
public records of Okeechobee County, Florida.
311 N.E. 2nd Street, Okeechobee, Florida.
Granting the rezoning will allow the existing building to be renova-
ted and used as a flower shop .
A second and final hearing in relation thereto will be held at 7:00 P.M.
on the 2.3rd day of November, 1982, 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.
l�l
0'
Bonnie S. Th mas, CMC
City Clerk
City of Okeechobee
PUBLISH IN THE OKEECHOBEE NEWS: October 27th and 29th, 1982.
Posted on property October 22, 1982, by Building Official Mallette Westbrook.
Additional information may be obtained by calling 763 -3372.
alle to Westbrook
alle to 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 General -2 to Commercial and to amend according the
Comprehensive Zoning Ordinance #420, the following described real
property, situate, lying and being within the corporate limits of the
City of Okeechobee, Florida, to -wit:
Lots 11 and 12, Block 143, City of Okeechobee, according
to the plat thereof recorded in Plat Book 5, Page 5, public
records of Okeechobee County, Florida.
311 N. E. 2nd Street, Okeechobee, Florida
and that a public hearing in relation thereto will be held at 7:00 P.M.
on the 5th day of October, 1982, 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.
AW/ UI.Ar
Bonnie 5� omas, CMC
City Clerk
City of Okeechobee
PUBLISHED IN THE OKEECHOBEE NEWS: September 15, 1982.
Post on property September 15, 1982, by Building Official, J. Mallette
Westbrook. Additional information may be obtained by calling 763 -7292.
. Mallette Westbrook 4k>I
Building Official
2 -7q
Administrator Fellows noted the ,. -r. -,mine 'JFter -?ns Day holiday an, the Thanks -
gisTng h..litgay r „r City employees. Coun,siT d_u„rr,d the possibility of the
employees being off both Veterans Day and the day after Thanksgiving.
Fnl1owing discussion, Council agreed for the r= mplevees to choose to have either
Veterans Day off or the day after Thanksgiving.
Councilman Chapman asked for a progress report on the problem concerning the
Tleander line. Administrator Fellows .dvised that the only response so far
Cord, Legg"'T
A(TENlie ITEM 7tXII - ADJOURNMENT
nd he has 1 e nt ut i yr l y ve two nt
:'here being no further business, the meeting adourned at 10:30 P.M.
ES.,
Bonnie S. Thomas, CMC
T.perk
Tity o` Okeechobee
Edward W. Douglas,
Chairman /Mayor
:ity, of Ckeechobee
Drat
THEPE IS A. TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE CLERK'S OFFTCE.
REGULAR MEETING
TUESDAY,NOVEMBER 23, 1982
The City Council of the City of Okeechobee, Florida, met in regular session at
7:00 P.M., Tuesday, November 23, 1982, in the City Council. Chambers at 55 Southeast
Third Avenue, Okeechobee, Florida.
Chairman /Mayor Edward W. Douglas called the meeting to order with the following
Coucilmen present:
Edward W. Douglas, Chairman /Mayor
Donald Burk, Vice Chairman
Dowling Watford, Jr.
Oakland Chapman
James H. Knight
Others present were:
Bonnie S. Thomas, City Clerk
Richard C. Fellows, City Administrator
David M. Conlon, City Attorney
L.C. Fortner, Jr., Director of Public Works
James Broome, Consulting Engineer
Janice M. Mann, Depty Clerk
AGENDA ITEM i/I - INVOCATION AND PLEDGE
The Invocation was offered by Councilman Knight followed by the Pledge of
Allegiance.
82 -1 AGENDA ITEM 1 /II - APPROVAL OF MINUTES
Councilman Watford noted a correction needed on the vote accepting the low bid
from Highway Pavers. Minutes should reflect a "no" vote from Councilman Watford.
Councilman Burk moved to approve the minutes of the November 9, 1982, regular
meeting as amended, seconded by Councilman Chapman. Motion carried.
AGENDA ITEM #III - FINAL PUBLIC HEARING - EXCESS FEDERAL REVENUE SHARING FUNDS
Chairman Douglas presented for final hearing the proposed uses of the excess
Entitlement 13 Federal Revenue Sharing Funds in the amount of Seventy Thousand Two
Hundred Twenty -Six and 04 /100ths Dollars ($70,226.)4).
The proposed uses were listed as follows:
Paved Road Construction 140,000.00
Recreation Trust Fund $20,000.00
R.G. Orman & Associates $ 1,800.00
City Retirement Plan $ - 805.00
Parks and Landscaping $ 4,921.04
Total $70,226.04
Chairman Douglas called for discussion, comments or objections relative to the
proposed uses. None were voiced.
Councilman Chapman moved to accept the allocations as presented, seconded by
Councilman Knight. Motion carried.
RRECREATION PARK
Chairman Douglas read a letter received fro the County Attorney Kyle Van Landingham
regarding the allocation of the Twenty Thousand Dollars ($20,000.10) of Federal Revenue
n_ ring Funds, for the purpose of levr!oping a reer_stion park on the property next to the
Brahman Theater.
The letter read as follows: "On h half of the Board of County Commissioners, I wish
thank the City r Okeechonee for its gracious gift of $20,000.00 to the County for
recreational development
gratefully accepts this .i that lt will he well spent for recreational
ii hies ni:.h benerit a l i _ _ prorr1 = cf' our county."
Administrator Fellows advised that the Recreation Advisory Board is to meet Wednesday,
December 1, 1982, to determine the priorities from the existing plan and approach the
County Commissioners with a proposal.
AGENDA ITEM 1/IV - FINAL HEARING - ORDINANCE - DISABLED VETERANS OCCUPATIONAL
LICENSE EXEMPTION
Chairman Douglas presented for final hearing an Ordinance amending the Ordinance Code
pert/ grated north of the Brahman Theater. The Board
x�rnpr.a��nc ep t:. F'i rt 1 '0„1 Io (S' (1.(,n,) ,�r Ur_cup,�tional r JCEn. , Fees for Dis abled
. 3268
T
Veterans who supply evidence of disability.
The ordinance was read in its entirety as follows:
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF
OKEECHOBEE, FLORIDA; AMENDING CHAPTER 10, ARTICLE I SECTION
10 -3 TO CLARIFY EXEMPTIONS FOR DISABLED VETERANS; PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS
SECTION 1: Chapter 10, Article 1, Section LO -1, of the Code c:t' the City of
2keechcbee, Florida, is hereby amended to read as follows:
CHAPTER 10
LICENSES AND BUSINESS REGULATIONS
ARTICLE I IN GENERAL
Section 10 -3 Exemptions
The occupational licenses required and taxes imposed by this chapter shall be
subject to the exemptions and exclusions provided by law except that when a disabled
veteran of any of the services described in Florida Statute, Chapter 205.171 shall
apply for an exemption up to fifty dollars ($50) the veteran shall supply such
evidence of disability as may resonably be required by the City.
SECTION II: This ordinance shall take effect upon its adoption.
Introduced on first reading and set for public hearing this 9th day of
November , 1982.
EDWARD W. DOUGLAS
ATTEST: Mayor
BONNIE S. THOMAS
v Clerk
Following public hearing this Ordinance was passed on this 23RD day of
NOVEMBER , 1982.
EDWARD W. DOUGLAS
ATTEST: Mayor
BONNIE S. THOMAS
City Clerk
With no comments, suggestions or objections voiced, Councilman Burk moved that the
:,rdinance he adopted as presented, seconded by Councilman Chapman. Motion carried.
82 -77 AGE002 ITEM #V - FINAL HEARING - REZONING REQUEST - McCANN
Chairman Douglas. presented for final reading an ordinance rezoning Lots 11 and 12,
Block '.u3, City of Okeechobee from Residential, General (80 -2) to Commercial for
en rvatiBr of a home and remodeling into a :lower shop.
an Burk moved that the ordinance be read by title only, seconded by
i1man Knight. Motion carried. •
isrrrn !bouiTjas mad the title i.•
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 ZONNING REGULATIONS AND
PROVIDES FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF;
PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF SPECIFIED LAND FROM
RESIDENTIAL, GENERAL (RG -2) TO COMMERCIAL.
Attorney John Cassels, appeared before the Council representing the petitioners,
Leonard H. and Patsy McCann. Attorney Cassels noted the intention of the McCann's
was to use the existing structure as a floral shop by relocating El's Floral Shop.
Cassel s considered this to he "soft core ", or very light" type , commercial
activity; and noted all the commercial establishments within the immediate vacinity.
Attorney Cassels submitted a memorandum which tracked Ordinance 402, also,
submitted with the application was a proposed site plan with demonstration of the
compliance with offstreet parking, etc.
Chairman Douglas called for comments or objections. None were voices.
Councilman Knight moved to accept the recommendation of the Planning Board and
that Lots 11 and 12, Block 143, be rezoned from Residential, General (RG -2) to
Commercial, seconded by Councilman Burk.
Councilman Watford noted that once something becomes commercial there is no
control as to what type of business can utilize the property. Watford added that the
application should have been made for the newly created CPO District rather than
Commercial.
Attorney Cassels advised, "one of the safe guards the City has with this particular
piece of property is the very size."
No further discussion, Chairman Douglas called for a vote on the motion to rezones
the lots from RG -2 to commercial. Vote on motion carried.
AGENDA ITEM #VI - MASTER WATER PLAN STUDY AND COMPUTERIZED FIRE LINE ANALYSIS
Chairman Douglas opened the floor for discussion relative to the authorization of
Broome, Van Ostran to undertake a master water plan study in the amount of Seven Thousand
Five Hundred Dollars ($7,500.00) and a computerized fire line analysis in the amount 00
Three Thousand Five Hundred Dollars ($3,500.00), funds have been budgeted for this work.
Engineer Broome briefly described the method in which the analysis would be
obtained. The water plan would show all existing and proposed water lines. A computer
analysis of all fire flow lines (six inches cr larger) would insure proper flow at times
sf high demand.
Administrator Fellows noted the analysis would run concurrent with the Master Sewer
2tar. and Master. Drainage Plan. This would develop a complete comprehensive approach to
he City's water distribution system, i tel instrument to the planned growth of
Okeechobee.
Council discussed the proposal receiv int- input. fr;rm Engineer Broome, Administrator
Fe: pvis and Director Fortner.
. 3210
Councilman Burk moved that the proposal be adopted and authorize Broome, Van
Cstran and Associates to undertake a Master Plan and Water Line Analysis, seconded
by Councilman Chapman. Motion carried.
Engineer Broome asked council for permission to approach Okeechobee Beach Water
Association and propose a joint study be conducted, which could save the City
approximately Five Hundred Dollars ($500.00). Council agreed unanimously.
82 -71 AGENDA ITEM 8VII - PROPOSED FIVE YEAR STREET PAVING PROGRAM
Chairman Douglas presented a five (5) year street paving proposal, and opened
the _'lour for discussion.
Council discussed the proposal, and agreed it. should be used simply as a guide
subiect to modification. Administrator Fellows noted the funds are to be budgeted
each fiscal year.
Pc!iowi.ng discussion, Councilman Burk mooed for adopt n ,;f the proposed paving
plan for 1983/84, 1984/85, 1985/86, 1986/87 and 1987/88 as submitted, seconded by
lman Chapman. Motion carried.
AGENDA. ITEM 8VIII - BID TABULATIONS - RELOCATION OF WATER AND SEWER LINES ALONG
82-76 STATE ROAD 70 EAST
Chairman Douglas noted receipt of the bid tabulations and recommendations for
Lne relocation and extension cif water and sewer lines along, State Road 7') East., and
___ ad for discussion and action by the
Counc1
Bartle Excavating & Pipeline Cc.
Lake Park, Florida
Woodruff and Sons, Inc.
Bradenton, Florida
Pock -A -Way, Inc.
Okeechobee, Florida
Madsen i Barr Corp.
Ft. Lauderdale, Florida
Fred Hendee Construction
Portland, Michigan
C.F.W. Construction C.
Fayetteville, Tennessee
LaGrcw Irrigation, Inc.
Hake Placid, Florida
$17q,')
$]8h,812.25
$210, 399.2`
$233
$24A, 1 i'Ih. 55O
$241, '42.0x1
the sines - ,_ _'man Ilham. ., Ads nistrrt c Fellows explained why the
r Mark ATI I tie] Hrc,`,r !,iii an file re location prH x-01. Fellows
ed that Inmmy Markha . nab Le 7:_t the amount necessary for the
jet .
As stated in a memorandum i'ram Administrator Fellows, Mr. Markham approached the
Tit; ,pith an alternate method. If this wap acceptable, -it, would be necessary to reject.
I'iis, write new specifications along the lrr.es proposed by Markham and then re -bid
_____n Burk commented on the City's 510 process and opposed any attempt to
0,i on, r0,` rn- wt,,: r.uuid riot t,id In the carne f - ishion rls