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1982-06-01 - - - REGULAR MEETING TUESDAY, JUNE 1, 1982 The Planning Board/Board of Adjustments and Appeals of the City of Okeechobee, Florida convened in regular session in the Council Chambers at City Hall in Okeechobee on Tuesday, June 1, 1982, at 7:00 P.M. Members present were: Jim Wright, James Kirk, Darrell Ferneau, Frank A1tobel10 and Chairman, Dale Burk. Others present were: Mallette Westbrook, Building and Zoning Administrator; David Conlon, City Attorney; and Ruth Berndt, Secretary. BOARD OF ADJUSTMENTS AND APPEALS Chairman Burk called the Board of Adjustments and Appeals into session. APPROVAL OF MINUTES Chairman Burk asked if anyone had anything on page 105 of the minutes that needed correcting. There was none. Chairman Burk stated that on page 106 there were several para- graphs needing to be corrected. Paragraph 2 should be corrected to read: "After some discussion, Chairman Burk and Member Ferneau checked the map again for Special Exception to clarify the Zoning Ordinance Section under which the Special Exception was sought. Chairman Burk stated according to the Special Ex- ceptions for C-CBD, there are none". Paragraph 13 should be corrected to read: "Chairman Burk stated he didn't think so, as the use requested was not in keeping with the district. Residential use is not in keeping". Paragraph 14 to be corrected to read: "Mr. Bass stated Mr. Burgess would be acting as a night watchman of the place, not using it as a residence, as there would be no cooking". Paragraph 15 to be corrected by changing the period to a comma and adding the word "and" . Paragraph 16 to be corrected to read: "Chairman Burk again questioned the power of the Board to grant Special Exception on this. He asked for the Attorney to shed some light on this. Ms. Dunn made no re- sponse to the request. Chairman Burk stated his concern was that if granted, they might later be told the Board could not do it". Chairman Burk stated he did not find any other corrections to be made and asked the Board Members if they had any. There being none, Chairman Burk stated the minutes stand approved as corrected. ADJOURNMENT There being no further business for the Board of Adjustments and Appeals, Member Kirk moved to adjourn. Seconded by Member Wright. Motion carried. PLANNING BOARD Chairman Burk called the Planning Board into session. APPROVAL OF MINUTES Chairman Burk stated the minutes of the May meeting were difficult to record even from the tape and he would like to table these until he could get with the Secretary and go over them and perhaps revise them. Member Altobel10 moved to table the minutes of the May meeting until next month. Member Ferneau seconded the motion. Motion carried. 111 ¿IT REVEREND KILGORE Reverend Kilgore, Pastor of the Church of God, requested to speak to the Board concerning a temporary permit for a travel trailer at the Church during Evangelistic Meetings. Chairman Burk asked Reverend Kilgore to give a synopsis of the events leading up to the request. Reverend Kilgore stated the church was holding Evangelistic Meetings and the Evangel- ist was sleeping in a travel trailer by the church. Since the zoning ordinance prøhibits living in a travel trailer in the City, the church was cited for the violation. Reverend Kilgore stated this caused him an embarrassment and he felt as if he were singled out as he had seen others in violation of the same ordinance. Reverend Kilgore further stated he felt the church was doing the people a service by bringing an Evangelist into town and he doesn't feel the church should be restricted by this ordinance. He asked that the Board give some consideration to his request for a temporary permit to park a travel trailer at the church and he assured the Board that he could "live with" whatever they decided, as he knew they would do what was best. Attorney Conlon informed Reverend Kilgore it would take a Special Ordinance to get a permit to have a travel trailer on church property for living quarters. Following some questions and answers between Reverend Kilgore and the Board, Chairman Burk thanked Reverend Kilgore for coming before the Board. Reverend Kilgore had other com- mittments and left the meeting. Discussion followed among the Board Members, and Member Ferneau moved to look into writing an amendment to allow Houses of Worship to have a travel trailer for a period of two weeks. Member Wright seconded the motion. Furtherdiscussion ensued and Administrator Fellows was asked to contact Reverend Kilgore and explain that the Board had discussed the issue and that the enforcement of this ordinance would be more stringent. Mr. Fellows agreed to do this and was then asked to report back to the Board at the next meeting. Chairman Burk stated they needed to vote on Member Ferneau's motion. Members Wright and Ferneau voted yes. Members Kirk, A1tobe110 and Chairman Burk voted no. Motion did not carry. LANDSCAPING ORDINANCE Chairman Burk stated they had started reviewing this ordinance before, the last time being on February 8, 1982, at which time they had proceeded as far as Section 22-1. Chairman Burk read the ordinance by title with previous changes: AN ORDINANCE OF THE CITY OF OKEECHOBEE CREATING CHAPTER 22 PROVIDING FOR THE LANDSCAPING OF CERTAIN BUILDINGS; PROVIDING FOR BUFFERING BETWEEN DIFFERENT ZONING CLASSIFI- CATIONS WITH APPROPRIATE LANDSCAPING; PROVIDING FOR THE LAND- SCAPING OF PARKING AREAS; PROVIDING PERIMETER LANDSCAPING RELATING TO ABUTTING PROPERTIES; PROVIDING FOR LANDSCAPING SITE PLAN APPROVAL; PROVIDING FOR PERFORMANCE BOND; PROVIDING FOR VARIANCES AND APPEALS; PROVIDING PENALTIES; PROVIDING AN EFFECTIVE DATE. SECTION 22-1: Objectives: Chairman Burk stated this had been gone over previously and he found no changes in this section. All agreed. - - - - - - SECTION 22-2: Definitions: Chairman Burk read the definitions. It was agreed the "Change of Use" item could be completely deleted from the ordinance. All other items to remain as is. SECTION 22-3: General Requirements: Chairman Burk read the items. Item #2 - the last sentence to be deleted. Item #3(e)- The last sentence concerning the police and fire departments seemed out of place. After discussion it was the consensus that this should be a new Item #6. Item #3 (g) - should be changed to read a minimum of 18 inches in height. Item #6 - Insert "Police and fire pro- tection access must be considered". Chairman Burk stated the time was 8:30, did the Board wish to continue or adjourn. Member Kirk made a motion to adjourn. Attorney Conlon interrupted to state he had some information he was asked to obtain concerning the CPO Ordinance. Member Kirk withdrew his motion. Attorney Conlon stated he was asked to find out why the requirement was 5 acres for a House of Worship. He stated you cannot zone out a church. Any zoning must accept a church, but we can restrict the size or amount of land required, so that a church does not fall between two houses, such as the Jehovah's Witness Church has legally done on Southwest 3rd Avenue. The Council decided on five acres to prevent this from happening. Attorney Conlon also stated the question on "grandfathering in" from Commercial to CPO could not be done. Chairman Burk stated since we cannot grandfather in and some of the people wanted to go to CPO but didn't w~tthe expense again, he thought that we could find out the names of the people who wanted to go to CPO zoning and then the Board could do the rezoning without cost to the individuals. Attorney Conlon stated this could be done, and all the names would appear on one application. Administrator Fellows asked if they would act on the CPO Ordinance so it could come before the Council at the next meeting. After some discussion, Member Ferneau moved to change under Special Exceptions of the CPO Ordinance, Item No. 4 to read: "Houses of Worship, provided parcel size shall not be less than 1.75 acres". Seconded by Member Kirk. Motion carried. Chairman Burk asked for a motion to send the CPO Ordinance to the City Council. Member Kirk so moved. Seconded by Member Wright. Motion carried. Administrator Fellows stated concerning the Livestock Ordinance, that Mr. Westbrookt log had 2 comp1iants and he had received one last Saturday from someone, in the Southwest section of the City, about 30 to 50 hogs being kept there. He stated he had driven by just after a rain and the odor was terrible. Chairman Burk stated that each Member had received copies of the livestock ordinances from other cities and for them to look over this material and we would put it on the agenda for next month. There being no further business before the Board, Member Kirk moved to adjourn, seconded by Member Wright. Meeting adjourned. ATTEST: dcÚt-,ß4 / Dale Burk Planning Board Chairman City of Okeechobee 12d¿'~ Ruth E. Berndt Planning Board Secretary City of Okeechobee 113