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1979-07-0341- SIXTH MEETING TUESDAY, JULY 3, 1979 The Planning Board of the City of Okeechobee, Florida, convened in its Sixth Meeting in the Council Chambers at the City Hall, Okeechobee, Florida, at 7:00 P.M., Tuesday, July 3, 1979. Chairman John D. Cassels, Jr. presiding. Others present were: Jim Wright, Frank Altobello, Christina Hooker, Robert Joiner, City Attorney David Conlon, and Janice M. Mann, Secretary. Chairman Cassels brought the meeting to order. BOARD OF ADJUSTMENTS AND APPEALS APPROVAL OF MINUTES Member Hooker waived the reading of the minutes and moved to approve the minutes with a waiver of the reading, seconded by Member Wright, vote unanimous. There being no further business of the Board of Adjustments and Appeals, Chairman Cassels moved to adjourn the Board of Adjustments and Appeals, seconded by Member Altobello, vote unanimous. PLANNING BOARD APPROVAL OF MINUTES Member Hooker moved to approve the minutes of June 5, 1979, meeting with a waiver of the reading, seconded by Member Wright, vote unanimous. REZONING REQUEST - HAYNES E. WILLIAMS - FIRST HEARING Representative Billie Jean Reynolds was present applying as agent of the owner requesting rezoning of two parcels of land from Residential - Single Family to Residential - General Multi - Family. Property located at Northwest Addition, Lots 1 to 4 inclusive, Block 19; South Okeechobee, Lots 1 to 4 inclusive and Lots 7 to 10 inclusive, Block 21. Ms. Reynolds informed the Board, the owner of the property is selling the property to a party who intends to build apartments on them. The first parcel discussed is located on South 13th Street, eight lots between West 2nd Avenue and West 3rd Avenue. Member Altobello inquired as to the type of rental units that are to be built. Ms. Reynolds stated possible townhouse apartments, she had intended to bring plans but the builder had been out of town. Chairman Cassels asked if the person wishing to make this development purchased the property at this time. Ms. Reynolds informed him he had not. The sale is contingent on the approval of the rezoning application. Chairman Cassels asked if there were any citizens in opposition to this particular parcel. Citizen James Gillman noted he was present to oppose, specifically, the northwest parcel in question, but felt this change would only add to the traffic problem already existing on Highway 441 South. Chairman Cassels noted there are certain things the Board must consider in reviewing a request for rezoning property in the City. The items are as follows: a) Is the proposed change contrary to the established land use pat- tern? Ms. Reynolds thought not with a motel used for apartments near by. Member Hooker felt the answer to the question was yes. The area is primarily single family dwelling. One block separates the property to be rezoned and the commercial property. b) Would the proposed change create an isolated district unrelated to adjacent and nearby districts? Member Hooker answered yes, it creates isolated patch work zoning. c) Would the proposed change materially alter the population density pattern and thereby increase or overtax the load on public facilities such as schools, utilities, streets, etc.? Chairman Cassels felt a change of this size would not increase any traffic or materially alter the population density. d) Are existing district boundaries illogically drawn in relation to existing conditions on the property proposed for change? Member Hooker answered, no it would be illogical to change. e) Would the proposed change be contrary to the City's comprehensive plan? Member Hooker answered yes, because the City has tried to organize the growth in an orderly manner and this change will create an island. 0 Does changed or changing conditions make the passage of thepro- posed amendment necessary? Ms. Reynolds stated there have been no changes in the surrounding area to deem the amendment necessary. g) Will the proposed change adversely influence living conditions in the neighborhood? Ms. Reynolds stated it would definitely put more people in the area, with more children and cars. Member Wright stated depending upon the number of units built, it would definitely have an affect on the living conditions. Chairman Cassels stated he is unable to determine the answer at this time, not knowing the number of units to be built, the expense of the units, P1 the price range charged, to determine the type of tenants. Member Hooker agreed. Chairman Cassels suggested tabling this request to enable Ms. Reynolds to better prepare with plans and more detailed information. Member Altobello stated if a set of plans were presented to the Plan- ning Board they may be more inclined to recommend the change to the City Council. Since this proposed change is located in a single family residen- tial area, the plans may show how the building will up -grade the area, which may help influence the decision. Speaking as one member of the Board, Chairman Cassels, at this point, would be inclined to vote against the request, from the stand point of what is the existing plan; the plan being in effect for only on year; and this would be getting into spot zoning for speculation for a commercial benefit as opposed to a community benefit. The Planning Board is balancing a number of factors in determining whether this change would be good for the City of Okeechobee and its growth. A set of plans is needed to weigh them against the other factors. Member Wright stated he would not be opposed to the request, but would also like to see plans of the type of buildings that are to be constructed. The plans will show what affect the apartments will have on the value of the surrounding property. After brief discussion, Chairman Cassels recessed both rezoning requests of Haynes E. Williams, agent, until the next regularly scheduled meeting. Giving public notice at this time that anyone for or against this issue may attend. Rather than have the citizens in opposition to the second request come back to the next meeting, the objections to the second request were heard. Citizen W.P. Thomas speaking for father -in -law Harley Raulerson, ob- jects strongly to apartments being built which will increase the taxes. People on set incomes cannot afford an increase. Citizen William Nettles also objects to the building of apartments that would increase taxes which he could not afford. Citizen James Gilman owner of Lots 17 and 18, Block 19, also speaking for owner of Lots 19 and 20, Block 19, strongly oppose the rezoning request. Their properties butt up against the property in question. Mr. Gillman felt the property values would decrease because all sur- rounding properties are single family dwellings. However, there are rental units located between 4th and 5th Streets and llth Avenue. These units have become a problem with excessive trash, animals running loose, wild parties, etc. Traffic control has become almost impossible. Mr. Gillman noted most people move to Okeechobee because of the high morals, friendly people and relaxed atmosphere. Rentals have a tendancy, in his opinion, to breed trouble. Adding six or more families would only increase problems in an already troublesome area. Member Hooker agreed with Mr. Gillman. The area consists primarily of low cost housing, with several neat, well kept homes. The type of transient tenants that will come into the area will cause problems for the home owners there. Member Hooker feels additional duplexes or apartments in this area would be a detriment to the City. Member Wright stated, in reference to the Harden apartments, they could or could not attract transients as would other rental units. Chairman Cassels noted since there is opposition, and it is not an expansion of an existing zone but creating an isolated district, the plans need tobe reviewed. This matter then recessed until the next regularly scheduled meeting of August 7, 1979. REZONING REQUEST - MUZAFFAR HUSAIN, M.D. - FIRST HEARING The Planning Board reviewed the rezoning application of Muzaffar Husain, M.D. requesting Lots 21 and 22, Block 2, be rezoned from Holding to Residential Single Family (RG -1). Chairman Cassels noted that at the meeting of May 1, 1979, Dr. Husain presented an application to rezone from Holding to Commercial Lots 7, 8, 9, 10, 17, 18, 19, and 20, Block 2, stating that this particular area was changing toward commercial. Now Dr. Husain is requesting to build his residence in this same area. This is not consistent with his previous argument. Before rendering a decision the Board reviewed the following: a) Is the proposed change contrary to the established land use pattern? Yes, because the previous argument was that it was a changing area towards commercial. 9F b) Would theproposed change create an isolated district unrelated to adjacent and nearby districts? Yes. c) Would the proposed change materially alter the population density pattern and thereby increase or overtax the load on public facilities? No, not applicable. d) Are existing district boundaries illogically drawn in relation to existing conditions on the property proposed for change? No. e) Would the proposed change be contrary to the City's comprehensive plan? Yes. 0 Do changed or changing conditions make the passage of the proposed amendment necessary? No. g) Will the proposed change adversely influence living conditions in the neighborhood? No. h) Will the proposed change create or excessively increase traffic congestion or otherwise affect public safety? No. i) Will the proposed change create a drainage problem? No. j) Will the proposed change seriously reduce light and air to adjacent areas? No. k) Will the proposed change adversely affect property values in the adjacent area? Yes, with a residence in the middle of a commercial area. 1) Will the proposed change be a deterrent to the improvement or development of adjacent property in accord with existing regulations? Yes. m) Will the proposed change constitute a grant of special privilege to an individual owner as contrasted with the public welfare? Yes. n) Are there substantial reasons why the property cannot be used in accord with existing zoning? No. o) Is the suggested change out of scale with the needs of the neighbor- hood or the city? Yes. p) Is it impossible to find other adequate sites in the City for the proposed use in districts already permitting such use? No. Having reviewed and discussed the listed items, Member Altobello moved to recommend the City Council deny the rezoning request, seconded by Member Hooker, vote unanimous. COMMUNICATIONS FROM MEMBERS A. JOHN D. CASSELS, JR. Chairman Cassels reviewed the letter received from Bonnie S. Thomas, City Clerk, regarding action taken on the Planning Board's recommendations, at the June 12, 1979, meeting of the City Council. Chairman Cassels also informed the Board of the action taken at the June 21, 1979, meeting regarding waiver of minimum acreage requirement. The expansion of mobile home parks and mobile home subdivisions would re- quire five (5) acres or more. B. FRANK ALTOBELLO Member Altobello requested, regarding the second meeting each month, the secretary call each member prior to the meeting. AMENDMENT OF ZONING ORDINANCE Due to a technicality, Attorney Conlon advised the Planning Board to advertise, again the proposed amendment to the zoning ordinance. After lengthy discussion, Chairman Cassels moved in light of the City Attorney's statement regarding the City Council's desires, to advertise for public hearing at the next regular meeting to discuss whether the existing requirements should be changed and if changed whether the minimum acreage should be reduced, increased or determined on a case by case basis at the time of expansion of either a mobile home park or mobile home subdivision, seconded by Member Altobello, vote unanimous. ADJOURNMENT There being no further business, the Meeting adjourned at 9:10 P.M. ATTEST: Jo n D. Cassels, Jr le anning Board Chairman City of Okeechobee Ja ce M. Mann P1. ning Board Secretary City of Okeechobee 17 PLANNING BOARD AND BOARD OF ADJUSTMENTS AND APPEALS FOR THE CITY OF OKEECHOBEE COUNCIL CHAMBERS July 3, 1979 AGENDA 7:00 P.M. 1. Approval of Minutes 2. Rezoning request for Haynes E. Williams 3. Rezoning request for Muzaffar Husain, M.D. 4. COMMUNICATIONS FROM MEMBERS A. John D. Cassels, Jr. - 1) Action taken on Planning Board recommendations B. Frank Altobello C. Christina Hooker D. Jim Wright E. Robert Joiner 5. Building Official 6. Secretary Janice Mann 7. Open for citizens not appearing on Agenda 8. ADJOURNMENT