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402 Wallace and Dora NortonORDINANCE NO. 402 -(16) ORDINANCE AMENDING ORDINANCE NO. 402, BEING THE COMPREHENSIVE ZONING ORDINANCE WHICH ESTABLISHES ZONING REGULATIONS FOR THE CITY OF OKEECHOBEE, FLORIDA, AND PROVIDES FOR THE ADMINISTRATION, ENFORCEMENT, ANF AMENDMENT THEREOF. AMENDMENT CHANGES CLASSIFI- CATION OF SPECIFIED LAND FROM RESIDENTIAL SINGLE FAMILY TO COMMERCIAL. WHEREAS, application has been duly made to change the zoning classifi- cation as hereinstated, and WHEREAS, all public notices have been duly published according to law, and WHEREAS, public hearings 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 publics 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 Residential Single Family to Commercial. Lot 6, Block 143, City of Okeechobee, according to the plat thereof recorded in -?lat Book 5, Page 5 of the Public Records of Okeechobee County, Florida. 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 11th day of August, 1981. .9 .G C� OATIt (42 REQUEST # PLANNING BOARD 1�.' BOARD OF ADJUSTMENT & APPEALS__,__._ FEE PAID /' - " NOTICE 4IO1'I' • ADVERTISEMENT__________________ HEARING DATE 717/.x/ CLOSING DATE 7/7/1/ UNIFORM LAND USE APPLICATION TENERAL NATURE OF REQUEST: A. X Rezone of Land 'D. Var±anoece B. Zoning Ordinance Change E. SpeoialaExceptl,orn C. Appeal of decision of Zoning Administrator F. Other NOTICE: PAYM$NT OF FEE MUST ACCOMPANY THIS APPLICATION ALONG WITH PROOF OF OWNERSHIP. (land deed, tax receipt, etc.) L. Full name of owner of property Wallace W. Norton & Dora Norton • Name of applicant if other than owner Same Relationship to owner: agent; attorney. 3. Mailing address for notification Wallace W. Norton 302 N.E. 3rd St. Okeechobee, Florida 33472 t. Telephone Number 467 -124.7 5. Legal description of property involved (as found in official records Attath additional sheets if necessary. tot 6, Block 143, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5 of the Public Records of Okeechobee County, Florida. S. Street address and /or descriptive location of property: REZONE OF LAND Family 1. Proposed change Zoning Classification from Residential Single / to pommercial 2. Are there improvements on the property at this time? Yes 3. How ils the property being used at this time? Residential 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 - oerty or that 'I am the attorney or agent of the legal oy -r. ur -rtify that the above answers and information on this pli• bn fir; try% .. 'or -ct. 3. ZONING OR]INANCE CHANGE 1. Please state the section and paragraph number to which a change in the Zoning Ordinance (Number 402) is sought: Pleas4 state the nature of the change: 3. If you are not a City Official, Employee or Council Member, why do you feel thisjchange will be beneficial to the citizens of the City of Okee- chobee? I hereby certify that the above answers and information on this application ire true and 4+orrect. Sign APPEAL OF1DECISION 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 dd you feel this decision is in error? 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 Residential Single Family to Commercial and to amend accordingly the Comprehensive Zoning Ordinance #302, the following described real property, situate, lying and being within the corporate limits of the City of Okeechobee, Florida, to -wit: Lot 6, Block 143, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5 of the Public Records of Okeechobee County, Florida. (302 N.E. 3rd Street) Granting of rezoning will allow a professional office to be built. i second and final hearing in relation thereto will be held at 7:00 P.M., on the 11th day of August, 1981, in the City Council Room,!City Hall, Okeechobee, Florida, at which time all parties in interst 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 recorr$ includes the testimony and evidence upon which the appeal is to be based. !'LEASE GOVERN YOURSELVES ACCORDINGLY. Bonnie S. Thomas City Clerk City of Okeechobee PUBLISH IN THE OKEECHOBEE NEWS: July 22, 1981. Posted on property July 22, 1981, by Building Official Mallette Westbrook. Additional information may be obtained by calling 763 -3372. Mallette Westbrook Building Official, Cit o' 3906 SOUTH PARROTT AVENUE • OKEECHOBEE, FLORIDA 33472 • TELEPHONE 813 • 763 •5588 June 8, 1981 Mr. M. Westbrook Building and Zoning Department City Hall Okeechobee, Florida 33472 Dear Mr. Westbrook: Attached is the additional information requested for the property located at 302 N.E. 3rd Street, Lot 6, Block 143, City of Okeechobee. city. 1. Form listing information requested by the 2. The sketch has been revised to show the parking layout and location of shrubs and trees. 3. The stakes showing the location of the property *re in place. Please let us know if you need additional information. cc: John Cassels Sincerely, Harold B foot Realtor- Associate RONALD A. HUNT, REALTOR REALTOR. Lot 6, Block 143, City of Okeechobee VARIANCE, SPECIAL EXCEPTION, & REZONING CHECKLIST I. Items required with application _LA. Properly filled out application X B. Plot and construction plans drawn to scale with required information as follows: See Sketch 1. Shape and size of lots See Sketch 2. Location and size of existing buildings if any None 3. Location and size of buildings to be erected or altered Resident° 4. Existing use of buildings on the lot. if any Dentist Offic5. Intended use of building(s) or parts thereof 1 6. Number of families or occupants building is designed to accommodate 7 7. Location and number of required off - street parking and loading spaces 8. Locations and descriptions of existing and proposed landscaping one 9, Other pertinent information See Sketch See Sketch Stakes in phtce 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. ex B. Other REAL ESTATE 3906 SOUTH PARROTT AVENUE • OKEECHOBEE, FLORIDA 33472 • TELEPHONE 813 • 763 •5588 June 1, 1981 Mr. M. Westbrook Building and Zoning Department City Hall Okeechobee, Florida 33472 Dear Mr. Westbrook: This is a rezoning request from Residential Single Family to Commercial. The property is located on 302 NE 3rd Street (See sketch attached). Also attached is a check for 100.00. The property is presently used as a residence with the present building containing about 1300 square feet. The present owners have a contract with an orthodontist, pending Zoning, who will use the property for an orthodontist's Office. The building will house approximately three employees. Parking space will be provided on the sides to meet the city's parking requirements as shown on the attached sketch and based on the following: Parking Spaces Employees 4 ; 2 2 (2 employees for each space) 1300 Gross Square Feet ; 300 sgst 5 (One space for each 300 sq. ft. of gross floor space) Total spaces 7 Total parking spaces available,approximately 4700 square feet,which is more than adequate to cover the above requirements. Enclosure Please let us know if you need additional information. Sincerely, d-ciLe*4- Harold Barfoot Realtor- Associate RONALD A. HUNT, REALTOR REALTOR (-ESCROW IEX-TYPE 1. • A • A 1i MIL GE COPE ASSESSED VALUES • '. % (4) ti 7 IV i_ :. t TAXES LEVIED • (PLEASE TURN OVER THIS TAX NOTICE BECOMES A RECFIPT WHEN VALIDATED BY TAX COLLECTOR C.. i ter' >'., i c TAX CI-L1_I 1 t£ ? t'44 1 • i • w:4 "Y..) J • L. "4 %i'_ A+L.I,ACL. wit+ Utit.!A "7-,i/Ort Ct Q - PN, 7 • 23 Y tI .11.0. •••1t. 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' I I I II • ••• 200140 47•101 •,0 .I • 10 L 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 corportion will consider rezoning from Residential Single Family to Commercial and to amend according the Comprehensive Zoning Ordinance #402, the following described real propert, situate, lying and being within the corporate limits of the City of Okeechobee, Florida, to -wit: Lot 6, Block 143, City of Okeechobee 302 N.E. 3rd Street and that a public hearing in relation thereto will be held at 7:00 P.M. on the 7th day of July, 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 S. Thomas City Clerk City of Okeechobee PUBLISH IN THE OKEECHOBEE NEWS: June 17, 1981 Posted on property June 17, 1981, by Building Official J. Mallette Westbrook. Additional information may be obtained by calling 763 -3372. ,-J. Mallette Westbrook Official `w,S9(! There being no further discussions at this time, the meeting was adjourned by Chairman Dou las at 10:15 P.M. EST. city amity ie S.�Thomas 1lere ,f Okeechobee Edward W. Douglas Chairman /Mayor City of Okeechobee Pi. ''7tR EGULAR MEETING TUESDAY, AUGUST 11, 1981 `,e City Council of the City of Okeechobee, Florida, convened in a regular session in City v:ouncil Chambers at City Hall, Okeechobee, on Tuesday, August 11, 1981, at 7:00 P.M. dhairman /Mayor Edward W. Douglas presided with the following Councilmen present: Dowling 0atfoHd, Jim hnia=ht, Donald Burk and Oakland Chapman dthers present were: City Clerk Bonnie J. 'Thomas, Administrative A:;sistant Richard C. ellos, City Attorney David Conlon, Director of Public Works L. C. Fortner, Jr., Fire Chief omey and Police Chief Larry Mobley. irmas Douglas called are meeting to order. Councilman Chapman offered the invocation. OF 121 :IU'iEG 'ere being; a discrepahcy L., the :_ 2:i :,f the July 28th ninutes, Councilman Burk moved rinut.es hot be approved a .til the Cnapma .. '-lotion carried. iscrepa_rcy is corrected. Seconded by Councilman ;iEARIOO SEGUED AND FINAL READING ORDI1;: 10E AMENDING ORDINANCE 402 (lairma:. Douglas read in its entirety an ordinance rezoning property on the corner of 1ortha st 3rd Avenue and 3rd Street, Lot 6, Block 143, City of Okeechobee: 3 ?DINANCE AMENDING ORDINANCE N0. 402, BEI00 THE CONPREHEJSIVE ZONING ORDINANCE 811ICH ESTABLISHES ZONING REGULATIONS FOR THE CITY OF OKEECHOBEE, FLORIDA, AND ?10VIDES FOR THE ADMINISTRATION, EJFORCENENT, AND AMENDMENT THEREOF. AMENDMENT Gu,{�,ANGES CLASSIFICATION OF SPECIFIED LAND FROM RESIDENTIAL SINGLE FAMILY TO 0 MMERCIAL. W.iEREAS, application has been duly made to change the zoning classification as hereinstated, 4EREAS, all public notices have been duly published according; to law, and 4EREAS, public hearings have been held as required by Ordinance 002, and i1 EREAS, after consideration of the requirements of Ordinance 402 and the land use plan cf the City of Okeechobee and the publics interest, it is deemed to be in the best interest of the CDAy of Okeechobee to change the zoning classification of the land lying within the limits of the City of Okeechobee as hereinstated; now therefore _; lT 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 6, Block 143, City of Okeechobee, according to the plat thereof recorded in Flat Book 5, Page 5 of the Public Records of Okeechobee County, Florida. 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 accordnace with this Ordinance. SECTION 4. This Ordinance shall become effective immediately upon final paasar DONE AND RESOLVED and made effective this 11th day of August, 1981. Chairman Douglas informed the Council this Ordinance has been duly advertised and called for any discussion relevant to the rezoning of the property. Attorney John Cassels appeared before the Council on behalf of Wallace ;,,orton for the rezoning stating that the property to the South of the Norton property is now zoned wain, cisl; the property immediately to the West has application for rezoning to commercial and the property further to the West is Commercial. Councilman Knight moved to approve the rezoning of this property from residential to commercial. Seconded by Councilman Burk. Chairman Douglas called for any discussion on this matter. Councilman Watford commented that he feels there is a problem with the City's Zoning Ordinance in that it does not provide for any commercial or professional type buildings except in either commercial or in the RC witi:: special exception. Councilman Watford further :stated that it is his understanding this request for rezor:in, to commercial is because of the setback requirements and voiced his objection to the cornrnercial rezoning as the property could be used for a :.ything commercial. Chi Ian Dour ;lay called for s vote on the motion. Councilmen Chapman, Eturk and E:night registered a "yes" vote, Councilman Watford registered a "no" vote. : :otion carried. I''JBL1C HEARIIJU SEC= AND FINAL READING PDIiIASJCE AMENDING ORDIIJA Chairman Douglas read in ?1it1_r(ty an ordi-.ance rezoning Lot:,:. 1, 2, 3 and 4, Block 142, City of Okeechobee tram :Oooidentiril General to Commercial: and, L 'JAN( A .ENIDI NG ORDINANCE :Jo. 402, BEING THE COMPREHENSIVE ZO 10.10 ORDINANCE WHICH ESTABLISlr ZONING R000LATIONS FOR THE CITY OF OKEECHOBEE, FLORIDA, AND a_VIDES OCR THE AD1.:I111STRATION, ENFORCEMENT, AND AMENDMENT THEREOF. A°:EJD=JT CHANGES CLASSIFICATION OF SPECIFIED LAND FROM RESIDENTIAL GENERAL R0 -2) TO COMMERCIAL. WHEREAS, application has been duly made to change the zo:,irt-° classification as hereinstat.ed, WHEREAS, all public notices have been duly published accordinc to Law, and ,:2HEREAS, public hearings have been held as required by Ordinance 402, and WHEREAS, after _onsideratiou of the requiromsNis of Ordinance ti00 asd the la.;2 use pia:: the City of Okeechobee and the publics interest, it is deemed to be ir: the best interest of the City of Okeechobee to chane ;e the 0oniw: classification of the land lyintr within the limits of th,> City of Okeechobee as E:ere1natated; now therefore BE IT 03DAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA. SECTION 1. That the following described real property is hereby rezoned from Residential General (RG -21 to Commercial. Lots 1, 2, 3, and 4, Block 142, City of Okeechobee, as recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida. 12CTI05 2. That the application requesting this Amending Ordinance, and proof of publication for a,.y and all public hearings in connection herewith shall be attached to this Ordinance. °CTI011 3. The City Clerk shall make the appropriate change on the city zoning nap in :cor ance with this Ordinance. ;r1CTION 4. This Ordinance shall become effective immediately upon final passage. )O111E AND RESOLVED and made effective this 1lth day of August, 198' Dhairman Douglas asked for any objections or comments from the audience in regard to the rezrntoc of said property. 'here being no discussion on the request, Chairman Douglas called for a decision by the 1. Councilman: Burk :roved that Lots 1, 2, 3 and 4, Block 142, be rezoned from RG -2 to Cc:ome cial. Seconded by Councilman Chapman. Councilmen Chapman, Burk and Knight registered a "yes" .°ote, Councilman Watford registered a "no" vote. ;lotion carried. :1 -2' RE1L420i OF MEMBERS SERVING 00 THE CITY OF OKEECNOBEE COMPETENCY BOARD AND THE CITY OF OOEECROBEE CODE ENFORCEMENT BOARD `,airman Douglas explained to the Council the need to replace members on both the Competency Board :and the Code Enforcement Board. Souncilman Watford asked Chairman Dougla.: to explain the Coopentency Board and its benefits. i. ^pan Douglas referred the question to Administrative Assistant Fellows )zsistane Fellows explained that Competency Board is :made up of contractors and eople who rule on the co:apete:rcr oC other people engaged in contractural trade work. lertify people who they feel art went to do the work. If the Board feels they cannot fly someor:e on the basis of :,D 1r ox coicnce and reputation, then they can require the :ar:ctor to take a test. he purpose �-f the Ouard is to make sure that people who are doing ceh rjtural work are aware of the rules and re ulationr; of the National Electrical Code and the ?Lt.: Code cnd that their wort: rs bein done hi a manner that 1.s safe and well done. Councilman Watford asked if this Board is set by statute. Absistant Fellows informed Councilman Watford that the Board is set by City Ordinance #303. Chairman Douglas at this time called for a decision of the Council on the recommendation of . Joe Baker with Okeechobee Roofing and Gene Daniels of Daniels Plumbing being placed on the Dor t:ency Board. Councilman Chapman moved to place Mr. Baker and Mr. Daniels on the Competency Board. Seeor;dkd by Councilman Burk. Notion carried. 0 :uncil discussed the replacement of one rn,nber on the Code Enforcement Board. Councilman :ap' :iab :Moved to place Jerry Walker on the Code Enforcement Board replacing Blair Kuhlewind who :o.1 due Lo Bieetip time conflicts. Seconded by Councilma:. Knight. Motion carried. 3 RECOMMENDATION OF PLANNING AND ZONING BOARD REGARDING DEVELOPMENT OF ORDINANCE REQUIRING FENCING OF BARROW FITS Chairman Douglas informed the Council a request has been received from the Planning and Zoning Board regarding the development of an ordinance requiring the fencing of barrow pits with a four foot hog wire iamerican wire) fence. After further discussion of the ordinance, Councilman Knight moved to table this item until Attorney Conlon can obtain information from other cities. Seconded by Councilman Chapman. Motion carried. REZONING REQUEST L. 1. TAYLOR Chairman Douglas informed the Council of a request for advertising and setting for public hearing the rezoning of S.R. 70 North side just east of the Country Kitchen belonging to 'rr. L. M. Taylor. Council members discussed with Attorney Conlon the right -of -way through the property. Mr. Taylor has agreed to grant the City a 70 -foot right -of -way and the maintenance of the right -of -way will be left up to Mr. Taylor. There being no further discussion by the Council, Councilman Watford moved to set this request for public hearing September 22, 1981, seconded by Councilman Chapman. Motion carried. APPROVE CONTRACT WITH BR00ME, VAN OSTRAN FOR CITY ENGINEERING Chairman Douglas called for Assistant Fellows to update the Council on negotiations wit:: the engineering firm. of Broome, Van Ostran. Assistant Fellows informed the Council that he and Public Works Director Fortner had net with :;r. Van Ostrau and gone over the proposal. It is the feeling; of both Fellows and Fort;:on that the firm of Broome, Van Ostran is capable of providing the services as outlined in the contract. Director Fortner encouraged the Council to go ahead with the approval of the firm. Ir. Van Ostran appeared before the Council to update the Council on the condition of Jim Broome and also to inform the Council that he had contacted other e :rgineers that could offer assistance if needed while lir. Broome is recuperatin;; After further discuirior; with :'r Van Ostran, CLa.rman Douglas called for a decision or the Council. Council: ran Char :au moved rry ✓e the contract with Broome, Van Ostran as provided for .under the Cor,sulta_it.: Comp c•'_.r1 i °ot.iut ions Act. Ceconded by Councilman r;nit;ht. Motion carried. CARPET SURPLUS Chairman Douglas informed the Council that new carpet had been installed in the City Clerk's Office and authorization is needed from the Council to dispose of the surplus. The consensus of the Council was to allow Clerk 'Thomas and Assistant Fellows dispose of the carpet at their discretion. - ANDREW 20310 REQUESTING PERMISSION lO 2rO'RM ADULT NIGHT WATCH Chairman. Douglas called for anyone in the audience who wished to address the Council. .r. Andrew Rubin appeared before the Council to present the problem of youths damaging; mailboxes in his neighborhood and asked for their assistance in solving the problem. Mr. Rubin read' the following list of names: Dr. and Mrs. Phyllis Koff David Selvy Mr. and Mrs. T. J. Hall Mr. and Mrs. :lcCann 'ran_: _ :epsen :r. and Mrs. Bert Raulerson rs. Annie Raulerson Dr. and Mrs. 0. E. Jaynes I ored Cowin Mr. and Nirs. Elbert Batton . and Mrs. Van Duncan Residents of 502 S.W. 19th Street _i. and Mrs. Rodney Beemer Foose Realty -Oren Harden Hunt Realty Allenr1ar<:ham Century 21 Realty Son Shaw r. Rubin stated there are teenagers driving around tearing :mailboxes down. All of the persOs listed previously by Mr. Rubin have experienced the problem. . Rubin asked the Council to authorize hire along with six other residents to operate an ad_. night watch on Friday and Saturday nights from 9:00 - 12:30. These citizens are willir;,_; to o erate their cars, C. B. radios, competent people without guns but with e ball bat. ISouncilnran Chapman expressed a concern over the fact that baseball bats would be used. I-r. Rubin stated that the ball bat would be used only on his own property. councilman Burk stated that even if the law permitted the Council to make such a decision as _r :i : and to put their stamp of approval, he would have second thoughts after a man just 0tatdo :.e was moing to take a baseball bat to someone. f ter farther discussion: with Council :members, Mr. Rubin stated that without Council approval, he, alon_, with his friends, citizens of Okeechobee, are going to ride. Councilman Knight recommended that something be published in the newspaper warnine the public that'tearirn down mailboxes could be a serious offense. -o ncilcran Burk recommended that the Council approve the Chief of Police having a regular delicle patrol and go as many titles in the dist bed neighborhood or any other affected neiAbcrhood as necessary to try to apprehend the offenders in the act. Chief ;obley stated that his department does have an auxiliary and acti;ur upon the Council's recorr-;endation, the auxiliary members could he brought in as they have been trained and they do have haikie- Ialkies and would not have to chase anyone. Bein,-; that they use their personal car_;, they fay have to be reimbursed for gas. Councilman Burk stated that he would like for the Police Department to assure the residents t hhe area is bein; patrolled. :JHI ATIO05 FROM DEPARTMENT HEADS A. Dr2SCTOR OF FUBLIC WORM-.S -r 7 ' - 1"23203 100. , LIFT STATiO:; 0-irector Fortner appeared before courding the :farrow, Incorporated development. 0th Street and 5th 1ven -re and t F ,r ,posal to put in a sewage lift station.