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
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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
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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
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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
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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.