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402 Mose JoinerORDINANCE NO.402 (24) 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 0 finance of the City of Okeechobee, and WHER AS 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 4 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 I SECT T ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA. TON 1. That the following described real property is hereby rezoned from Residential General -2 to Commercial: Lots 1 and 2, Block 163, City of Okeechobee. Two lots located on the Southwest Corner of the inter- section of N. W. 9th Avenue and N. W. 2nd Street. 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 14 day of September , 1982, ATTEST: !, City Clerk Introduced and passed on second and final reading this 26 day of October 19 82. City Clerk APPROVED AS TO FORM: City Att orney CITY OF OKEECHOBEE (-Try 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 MEMORANDUM TO: The City Council FROM: The Planning Board DATE: September 8, 1982 RE: Rezoning request for Mose Joiner to be rezoned from Residential General -2 to Commercial, Lots 1 and 2, Block 163, City of Okeechobee. These 2 lots are located on the Southwest corner of the intersection of N. W. 9th Avenue and N. W. 2nd Street. Request: Rezoning wanted to build a building composed of three and possibly four retail stores. Discussion: Several neighboring residence objected to the request including Lizzie Kersey, Jerry Kersey, and Carolyn Waterson. Their objection being the traffic the stores would generate in the area. Action Taken: Board members reviewed the sixteen requirements with no objections to the findings. Member Wright moved to recommend to the City Council to grant the rezoning request from Residential General -2 to Commercial with the condition a 6 foot chain link fence be placed on the west lot line. Seconded by Member Miller. Vote unanimous. E. Kirk anning Board Chairman City of Okeechobee JEK:reb ,rE r— r3- I ;REQUEST.# ' NOTICE SENT ADVERTISEMENT PLANNING BOARD HEARING DATE BOARD OF ADJUSTMENT & APPEALS CLOSING DATE FEE PAID 7 -/ 4,2 WJ'3/ UNIFORM LAND USE APPLICATION GENERAL NATURE OF REQUEST: A. Al0"....fRefzone of Land D. Variance B. Zoning Ordinance Change E. Special Exceptioi C. Appeal of decision of Zoning Administrator F. Other NOTICE: PAYM NT OF FEE MUST ACCOMPANY THIS APPLICATION ALONG WITH PROOF OF OWNE SHIP. (land deed, tax receipt, e c.) 1. Full name of owner of property 2. Name of aplicant if other than owner Ape,sote."-- Relationship to owner: SOS/ agent; 3. Mailing address for notification attorne' #?e2 /f3 a- 444, , 050,r 3 3 :). Telephone # 4%� 763'767 4. Legal description of property involved (as found in official j records): LOS /tech �itiosi seke "r ece �A° C1 OIL �/� !!�!' . x.#11 73 iii '47 7I C /*arse ir✓' 7 ' A i •in 5. Street address and/or descriptive location of prop tO/` C ,, CO. Ge.rivtr dFiUbtgaAe rdlW a'dit-sT • REZONE OF,LAND 1. Proposed change Zoning Classification from /a ea / 46/ �r 2. Are there improvements on the property at this time? /004 3. How is the property being used at this time? 4. Would; any present use of the property be considered a violation of Zoning Ordinan 402, or any other Ordinance of code of the City of Okeechobee? If yes, please state nature of the violation: 5. Do yoil wish to appear and make a presentation before the Plann Board and the City Council at the necessary public hearings? 6. Have you within the last year made any application for any 'Ia.riance, special exception, or zoning change which in uded any or all of the property described in paragraph 4 above? 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 a licatio n re true and correct. Sign rl i cr, do 7." 0 0' 1 S 3M 3n pLi3Ay OMNINSIMBUI 1 L 4.j X iS 3M 3nN 3 A • , CC, —134. , •• gooramorimaimeli • :15:1 , LLD LL L,L1 J ■r, )er,N3A ISSIMarang32=10111, S 3 41 I I., 4, --o- i 1 1. 3 IN Ii -r 3 iSV()J OuvOfiv _J ) 3M 44, ✓ irL L L4)" N3 AV • C A A • * 1 47, 41; •••,‘ \--A 0 ZS SFr). I .R. ELK. I 3 I S' -- ----*- 2 N° c jr mil" <2 8 ,r if A fil t, r • mss. c.c. T\ 0 .L. 1. ::: '{ Z • 1 �L R--Y L7DF.- 1 A "�1% ? t ,.'� _ ICo 2- 1-``1 c'�F QKE Cl ;CjF3E.E. :71;,1 `,. rc _TH . PL A- . Tt-tf_:_REC;F= Nl_�C S , E7 Pis E I C. P. CERT /CATE OF SURVEY: / HERESY CERT /FY THAT TH /S SURVEY WAS SURVEYED UNDER MY SUPERV /S /ON AND /S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEL /EF. Ls /ond Oyez/ LELAND ' OVALS REGISTERED LAND SURVEYOR NO. 2004 OKEECHOBEE F L A. SURVEY FOR DATE :JULY Iz, V:)&Ca Maw 3 C.)1 N--1E-7.. DRAWN BY: u w;L�U F. B. NO. :c -T-'y Co PG.: ►`� JOB NUMBER : B24- - L. FILE NO.: 7cti 2cre 7-e-7/ e-ve• d- 77; c 1 7 ei.c, 7 7- /97 s/ z • 1;171- Fib '74 res;/-74- VARIANCE, SPECIAL EXCEPTION & REZONING CHECKLIST I. Items required with application: V' 1 A. Properly filled out application B. Plot and construction plans drawn to scale with required information as follows: 1. Shape and size of lots v 1 2. Location and size of existing buildings if any 3. Location and size of buildings to be erected or altered 4. Existing use of buildings on the lot if any 5. Intended use of building(s) or parts thereof 6. Number of families or occupants building is designed to accomodate . Location and number of required off - street parking and loading spaces Locations and descriptions of existing and proposed landscaping Other pertinent information C. Certification that lot is properly staked II. Special conditions and safeguards in granting variance or special exception: Time limit to begin or complete action requiring variance or special exception Other N cn cn m m 0 c m Li J 0 -4.4 * t <t•c Gra< M 77 Ct7C!-Z rc S!C-+ C T c• �. Nr1y = 1 r0 ftv w�+ac r!T C131A31S3XVI 2 c r D r < • 7S "acv. rr 7r- r 1 2 L ^3 rrj. _D Cr- 4 C r-,— x ,.c> u: ggitW/05-i 3 rZ 0 • 0 G 3.4i1r441 41 )4r) c c C. <c ROTA 1 jU PAGETZ5 rd for Lawyers' Title Guarantj' Fund, Orlando, Florida This instrument was prepared by: Tarrant fed y (STATUTORY FORM - SECTION 689.02 F.S.) GEORGE H. BUTLER 500 North West Park St. P. O. Box 386 OKEECIIOBEE, FLORIDA 33472 .Jn? rnturr, Made this 21st day of April J. H. WARD, a single man, comity of Okeechobee , State of Florida MOSE 40INER and EDITH JOINER, his wife, post office address is P.''I O. Box 544, Okeechobee, Florida 33472 County of Okeechobee , State of 1975 , 1VPt111PPtt , grantor °, and Florida , grantee °, PB$Ptil. That said grantor, for and in consideration of the sum of $10.00 TEN DOLLARS AND 00 /100 Dollars, her good and valuable conviderations to said grantor in hand paid by said grantee, the receipt whereof is hereby vledged, has granted, barg8tined and sold to the said grantee, and grantee's heirs and assigns forever, the fol- described land, sittiate, lying and being in Okeechobee County, Florida, to -wit: Lots 1 and 2, of Block 163, of the City of Okeechobee, according to the plat therOf recorded in Plat Book 1, page 10, Publiq Records of Okeechobee County, Florida. SUBJECT to restrictions, reservations and easements of record, if any, and taxes subsequent to 1974. 1 grantor does hereby fully warrant the title to said land, and will defend the sane against the lawful claims ersons whomsoever. ° "Grantor' and. grantee" are used for singular or plural, as content retjoires.• • itteitifinfrprnif, Craoor• has hereunto set grantor's hand and seal the day ;and year first al4f,vv'• v''ittcn. sealed and delivered in our presence: L 1:: tL 1Z i4 )/h , J7—H. WARD (Seal) (Seal) . (Seal) (Seal) OI: FLORIDA Y OF OKEECHOBEE BY CERTIFY that on this day before me, an officer duly g alified to take acknowledgments, personally 1 J. H. WARD, a single man sown to be the person described in and who executed the foregoing instrument and acknowledged before he executed the same. iS tnv hand and official sealPiti..the County and State last tforesitid this t I. it C Tlll'SIOI1 expires: Notary Public 'LIC STATE OF FLORIDA AT LARGE "uk":SiON cXPIRES SEP. 13,' 1914'. .^ GENERAL INSURANCE UNDERWRITERS BOtril 170 PAGE 115 t 0 N "...)C )--- I„,/ •-: , 1 "Y• )1( 0 ) ) ' , In 0 -.. . 4.. 0 kr) fr: 1 t st 1 4. ' 2.. cr. r, -S. Lo --• ...... , ....1 c) h% • . rt , '''''7 `-!I ' 1— -1 , ) ...., 0 , ■ 1 ., ',.., tr.:i: fo_ q j 0-- --- Li) °:- -.I 0 -, '... st: .3 .7,,,, ,1 'V!"2 i-- .J N ,,) NOTICE OF INTENTION 'TO AMEND CITY OF OKEECHOBEE COMPREHENSIVE ZONING ORDINANCE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee, Florida, a municipal corporation, will consider rezoning from Residential General 2 to Commercial and 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: Lots 1 and 2, Block 163, City of Okeechobee, according to the Plat thereof recorded in Plat Book 1, page 10, Public records of Okeechobee County Florida. Located on Southwest corner of intersection of N.W. 9th Avenue and N.W. 2nd Street Granting the rezoning will allow the construction of a building composed of three and possibly four retail stores. A second and final hearing in relation thereto will be held at 7:00 P.M. on the 26th 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. 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 procjeedings is made, which record includes the testimony and evidence upon which the appeal is to be based. PLEASE GOVERN YOURSELVES ACCORDINGLY. onnie S. Thomas, CMC City Clerk City of Okeechobee PUBLISH SIN THE OKEECHOBEE NEWS: September 29th, 1982 Posted an property September 24th, 1982, by Building Official Mallett Westbrook. Additional information may be obtained by calling 763 -3372. Mallette 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 iComprehensive 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 1 and 2, Block 163, City of Okeechobee, according to the Plat thereof recorded in Plat Book 1, page 10, Public records of Okeechobee County Florida. Located on Southwest corner of intersection of N. W. 9th Avenue and N. W. 2nd Street and that a public hearing in relation hereto will be held at 7:00 P.M. on the 3rd day of August, 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. . Mallette Westbrook Building & Zoning Administrator City of Okeechobee PUBLISHED IN THE OKEECHOBEE NEWS: July 16, 1982. Posted on property July 16, 1982, by Building Official, J. Mallette Westbrook. Additional information may be obtained by calling 763 -7292. 31S9 REGULAR MEETING TUESDAY, OCTOBER 26, 1982 The City Council of the City of Okeechobee, Florida, met in Regular Session at 7:00 P.M., Tuesday, October 26, 1982, in the City Council Chambers, 55 South- east Third Avenue, Okeechobee, Florida. Chairman /Mayor Edward W. Douglas called the meeting to order with the following Councilmen 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 L. Keith Tomey, Fire Chief Janice M. Mann, Deputy Clerk AGENDA ITEM 1/I - INVOCATION AND PLEDGE The Invocation was offered by Councilman Oakland Chapman followed by the Pledge of Allegiance. AGENDA ITEM #II - APPROVAL OF MINUTES Councilman Watford moved to amend the minutes of September 20, 1982, by deleting Section 2 in both the Water & Sewer and General Fund Budget ordinances, which was included in error, seconded by Councilman Burk. Motion carried. Councilman Burk moved to approve the minutes of September 20, 1982, as corrected and the minutes of September 28, 1982, as presented, seconded by Councilman Chapman. Motion carried. AGENDA ITEM #III - PLANNING BOARD VACANCY Chairman Douglas asked for discussion and action by the Council to appoint a member to the City Planning and Zoning Board replacing Darrell Ferneau whose term expires March 31, 1983. Council discussed briefly the application submitted. Councilman Chapman moved that Brenda Trent Mason be appointed to the Planning Board replacing Darrell Ferneau, seconded by Councilman Knight. Andy Rubin asked for clarification on the length of term to he served. Chairman Douglas noted the new member will finish out the term ending March 31, 1983. Chairman Douglas called for a vote on the motion to appoint Brenda Mason to the Planning Board. Vote on motion carried. 3190 AGENDA ITEM #IV - MAYOR'S PROCLAMATION Chairman /Mayor Douglas read for the record the Mayor's Proclamation calling for an election on December 7, 1982. The proclamation read as follows: PROCLAMATION NOTICE OF GENERAL CITY ELECTIONS CITY OF OKEECHOBEE, FLORIDA DECEMBER 7, 1982 WHEREAS, under and by virtue of the provisions of the Charter of the City of Okeechobee, Florida, it is the duty of the Mayor to proclaim and call General City Elections at the time and the manner provided by said City Charter. NOW, THEREFORE, I, EDWARD W. DOUGLAS, MAYOR OF THE City of Okeechobee, Florida, do 1pereby PROCLAIM AND DECLARE THAT A GENERAL CITY ELECTION by the duly qualified eledtors of the City of Okeechobee, Florida, be held at the City Hall, 55 Southeast 1 Thiid Avenue, (Fire Station Bay) in said City, during the regular hours of voting, to -sit: from 7:00 o'clock A.M. until 7:00 P.M., Tuesday, December 7, 1982, for the purpose of electing the following officers to serve as such for four(4) years beg- inning January 1, 1983, and ending December 31, 1986, following such election and until their successors are elected and qualified: THREE COUNCILMEN CITY CLERK IN TESTIMONY AND WITNESS of the foregoing Notice of Election, I have hereunto set my hand as Mayor of the City of Okeechobee, Florida, and caused the corporate seal of I said City to be affixed hereto, and the same attested by the City Clerk, this 26th day of October, 1982. AGENDA ITEM #V - FINAL HEARING - ORDINANCE - SYSTEM CAPACITY CHARGES 82 -75 ;Chairman Douglas presented for second and final hearing an ordinance amending the Code of Ordinances to provide System Capacity charges for the City Water and Sewer System. :Councilman Burk moved that the ordinance he read by title only, seconded by Councilman Chapman. Motion carried. The title was read as follows: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEE- CHOBEE, FLORIDA; AMENDING CHAPTER 18, ARTICLE II, SECTION 18 -15 TO AUTHORIZE PAYMENT OF SYSTEM CAPACITY CHARGES; AMENDING CHAPTER 18, ARTICLE II, SECTION 18 -17 TO PROVIDE CONNECTION FEES FOR SERVICE OUTSIDE THE CITY LIMITS; CREATING SECTION 18 -34 TO PROVIDE SYSTEM CAPACITY CHARGES FOR PERSONS WITHIN AND WITHOUT THE CITY LIMITS; AMENDING ARTICLE II' SECTION IR -40 TO PROVIDE CONNECTION FEES FOR SEWER SERVICE OUTSIDE THE CITY LIMITS; CREATING SECTION 1,8 -57 TO PROVIDE SYSTEM CAPACITY f d Py FOR THE cor,T OF EXPANSION OF TN E lY': :(55J\5}( i'! 51'MHIJ i i , 'flVIPIrJH AN I FI }O' F I V }' hATH • - "'4 Chairman Douglas called for comments or objections in regard to the proposed ordinance. Citizen Andy Rubin asked that the City residents be relieved of the increase in charges and only increase County rates. Councilman Burk moved that the ordinance be adopted as presented, seconded by Councilman Chapman. Councilman Watford asked if this was a standard practice of System Capacity charge t cities; if the charges were similar to those of other cities; and that this was justified in that we need this capacity charge to maintain the equipment and pro- vide for expansion of the water system? Director Fortner stated yes to all points. Administrator Fellows noted a typographical error on the second page of the ordinance, the two inch (2 ") water meter charge should be Five Thousand Two Hundred Fifty Dollars ($5,250.00) not Five Thousand Two Hundred and 50/100ths Dollars ($5,200.50). Chairman Douglas called for a vote on the motion to adopt the ordinance. Motion carried. AGENDA ITEM ItVI - FINAL HEARING - ORDINANCE AMENDING ORDINANCE 419 - SOCIAL SECURITY BENEFITS Chairman Douglas presented for second and final hearing an ordinance amending Ordinance 419 to extend the benefits of the city retirement system to all city officials in accordance with the Ordinance Code on Social Security. Councilman Burk moved that the ordinance be read by title only, seconded by Councilman Knight. Motion carried. Attorney Conlon advised Council to disregard Item "I" on the proposed ordinance because it was inadvertently left out of the title, consequently it must be addressed separately. The title was read as follows: AN ORDINANCE AMENDING ORDINANCE 419 OF THE CITY OF OKEECHOBEE, FLORIDA; SAID ORDINANCE PROVIDING FOR THE RETIREMENT OF EMPLOYEES FOR THE CITY OF OKEECHOBEE; AMENDING SECTION 1, SUB - PARAGRAPH G TO REDEFINE GENERAL EMPLOYEES; AMENDING SECTION 1, SUB - PARAGRAPH H TO REDEFINE MEMBER AND; AMENDING SECTION 1, SUB - PARAGRAPH J TO REDEFINE EARNINGS; PROVIDING AN EFFECTIVE DATE. Councilman Knight moved to amend the ordinance by deleting Section I, which was left out of the title, and adopt the ordinance as amended, seconded by Councilman Burk. Vote on motion carried. AGENDA ITEM AVII - FINAL HEARING - REZONING REQUEST - MOSE JOINER Chairman Douglas presented for second and final hearing an ordinance proposing to rezone Lots 1 and 2, Block 163, located at the intersection of Northwest Ninth Avenue and Second Street, from RG -2 to Commercial for the purpose of constructing several retail stores. Councilman Knight moved that the ordinance be read by title only, seconded by Cnuno_ilman Burk. motion carried. :3191 :3192 T 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 GENERAL - 2 TO COMMERCIAL. Chariman Douglas called for comments or objections from those present in the ooilence, in regard to the rezoning request. Citizen Jerry Anderson, representing his sister, adjoining property owner, asked th several retail store: being built, will there be ample parking facilities. Mose Joiner, person requesting the rezoning, stated that oniy three stores will no built. The plans and parking meet all the Zoning Ordinance requirements, and have been approved by the Planning Board. Citizen Carolyn Waterson, representing her mother -in -law, Mrs. Elsie Waterson, o'H°ected to the proposed construction noting the current traffic problem on Ninth A. enue. There are numerous small children in the area. The stores will only create moire of a problem. Mr. Joiner presented the plans for the proposed construction. Council reviewed sand plans. Joiner noted minor changes to be made 1) an additional catch basin, 2) a nhain link fence across the back, and 3) the ceiling will go from eight foot (8') ten foot (10'). Councilman Watford asked what type of stores did he (Mr. Joiner) anticipate these being. Mr. Joiner stated a rope and leather company, a tuxedo shop and a bridle shop cc sequently he felt the traffic will be light. Andy Rubin voiced objections to the rezoning. Following brief discussion, Councilman Burk moved to accept the recommendation of;the Planning Board and approve the rezoning request, seconded by Councilman Knight. For clarification, Councilman Watford asked if the parking, set back requirements, etc., will be met prior to issuing the necessary permits. Councilman Chapman noted that was standard procedure. Councilman Watford asked how long Mr. Joiner had owned the property. Mr. Joiner advised he has owned it eight (8) or nine (9) years. With no further discussion, Chairman Douglas called for a vote on the motion apptnving the zoning change. Motion carried. 82 -13 j AGE[IIDA ITEM #VIII - UNITED TELEPHONE FRANCHISE Chairman Douglas called for discussion and possible action by the Council on a p- c:qosal of United Telephone Company (UTS) to change the wording of the Franchise Agrjoment between the City and United Telephone Company relative to service charges and' underground facilities.