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1982-07-06 J PIr REGULAR MEETING TUESDAY, JULY 6, 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, July 6, 1982, at 7:00 P.M. Members present were: Darrell Ferneau, Frank A1tobe1lo and Chairman, Dale Burk. Members absent were: James Kirk and Jim Wright. Others present were: Building and Zoning Administrator, Mallette Westbrook; City Attorney, David Conlon; and Secretary, Ruth Berndt. BOARD OF ADJUSTMENTS AND APPEALS Chairman Burk called the Board of Adjustments and Appeals into session. APPROVAL OF MINUTES Chairman Burk asked the Members if there were any corrections or objections to the minutes of the meeting of June 1, 1982. There being none, Chairman Burk stated the minutes stand approved as presented. ADJOURNMENT There being no further business before the Board of Adjustmentqènd Appeals, Member A1tobello moved to adjourn. Seconded by Member Ferneau. Motion carried. PLANNING BOARD Chairman Burk called the Planning Board into session. APPROVAL OF MINUTES Chairman Burk stated the first item to be considered was the minutes of the May 4, 1982 meeting. These had been tabled so they could be revised by Chairman Burk and the Secretary. Chairman Burk asked the Members if they had any corrections or objections and stated even though he had helped to revise them, he still found some correction to be made. Page 2, under CPO Ordinance, Paragraph 1, needs to have the word "errered" corrected to read "erred". Page 3, Paragraph 12, should be corrected to read: "Member Ferneau suggested they allow a grace period for Commercially zoned property only, and not RSF changed to CPO". Paragraph 13 should be corrected to read: "Member Kirk questions if in RSF areas they definitely would have to appear before the Board for CPO zoning". Page 4, Paragraph 1, needs the word "Attorney" spelled correctly and Paragraph 2 needs the word "ample" spelled correctly. Paragraph 3 needs to be corrected by inserting the words "which are" between the words block and RSF in the first sentence. Paragraph 8 needs to be corrected by inserting the word "that" between the words out and !È!!.., and a "s" added to the word ~, and the word "is" changed to are in the first sentence. - - - - - - Chairman Burk stated these are the only changes he has, and asked if there are any further corrections or objections by the Members. Chairman Burk stated if there are none, then the minutes stand approved as corrected. Chairman Burk stated the June l, 1982, minutes need the word "and" inserted between the words done and all on Page 3, Paragraph 7. Everything else is in order. Chairman Burk asked if there were any other corrections or objections. There being none, he stated the minutes of the June 1st meeting stand approved as corrected. Chairman Burk stated before proceeding to the next items at hand, Rezoning for Mr. Walker and Mr. Watts, he wished to point out some problems that have confronted the Board by having incomplete rezoning applications and materials required by the Board. Chairman Burk proceeded to review guidelines for rezoning. Chairman Burk then stated that both applications were incomplete in that Mr. Walker's did not show parking area on the drawing and also a 20 ft. set back is required in Commercial zoning and a variance would be necessary as there is only a 3 ft. set back on the drawings. Mr. Watt's application was not correctly filled out and did not have a drawn to scale plan of plot, nor did it have a certification that the lot had been properly staked. Chairman Burk further stated he didn't think that they could take action on either of these rezoning requests as they were both incomplete. Member Altobe110 stated he agreed with Chairman Burk on the issue of incomplete applications and material and he had intended to ask that Mr. Watt's request be tabled, but since Mr. Walker's was complete except for the parking area being shown, and since Mr. Walker was present to answer any questions he thought the Board should act on the request. Chairman Burk asked Mr. Walker if he had received a copy of the rezoning guidelines booklet. Mr. Walker stated he had and had done everything to the best of his ability. Mr. Walker further stated that this had been rezoned Commercial before and then 5 years ago the City put it back to RG-2 without any personal notification to him, which he considered to be wrong. Attorney Conlon stated that 5 years ago the Legislature wrote a law telling the Cities what they would do and how they would notify everybody concerning to advertising, etc. The City had been mandated by the State on this matter. REZONING - WALTER RONNIE WATTS Chairman Burk stated the first item on the agenda was Mr. Watts' rezoning and did any- one want to make a motion. Mr. Watts came into the meeting at this time and Member Altobel10 suggested that Chair- man Burk might speak to Mr. Watts before moving on the matter. Chairman Burk stated to Mr. Watts that his application is incomplete, namely the drawing and certification of property being staked. 1.15 ~, r r Mr. Watts stated he had spoken to Leland Dya1s and he was going to make the plot plan and certification of the staked property but had been rained off. he had thought it was Commercial already as all the others around him are Commercial. He also stated After further discussion, Chairman Burk stated that we needed to table this until next month so Mr. Watts could get all the required materials to present to the Board. Member Altobel10 moved to table the W. R. Watts rezoning request from RG-2 to Com- mercia1 until the August meeting. Seconded by Member Ferneau. Motion carried. REZONING - EMORY L. WALKER Chairman Burk asked the Members if they had any problems with acting on this request even thought it is an incomplete application. Members A1tobe110 and Ferneau both said they had none and Chairman Burk concurred. Chairman Burk informed Mr. Walker he would have to pay another $100.00 and file for a variance request the way the plans are now drawn with a 3 foot set back. Discussion ensued and Mr. Walker informed the Board the reason there was only a 3 foot set back was because there is a large oak tree on this property and the building could not be placed any further back on the property without cutting down the tree, which he didn't want to do. Mr. Walker asked the Board how much longer it would take to get the variance as he had been set back 30 days already when he had to ask for rezoning because it is not a Commercial zoning as he had thought, and would a variance be granted if he requested one. Chairman Burk stated he felt personally that a natural feature, such as a tree, would be a good possibility for a variance. Member Ferneau agreed. Mr. Walker was informed he could file application for a variance and if the Board Meeting was held before the Council's meeting on the rezoning, the Board could grant a variance, conditional on rezoning by City Council, which would take approximately 30 days more. Chairman Burk asked Mr. Walker if he understood the problem with the set back and Mr. Walker stated he did. Chairman Burk then asked Mr. Walker if he still wanted the rezoning request to be acted upon tonight and he replied, "yes". Chairman Burk proceeded by asking the Board Members the sixteen requirements on the findings with the following responses: A. Is the proposed change contrary to the established land use pattern? Ferneau, No; A1tobe110, No; Burk, No. B. Will the proposed change create an isolated district unrelated to adjacent and nearby property? Ferneau, No; Altobe110, No; Burk, No. C. Will 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? Fernea~No; A1tobe1lo, No; Burk, No. - - - - - - D. Are existing district boundaries illogically drawn in relation to existing conditions on the property proposed for change? Ferneau,No; A1tobe110, No; Burk, No. E. Will the proposed change be contrary to the City's comprehensive plan? Ferneau, Possibility; A1tobe110, No; Burk, No. F. Do changed or changing conditions make the passage of the proposed amendment necessary? Ferneau, Yes; ALtobe110, Yes; Burk, Yes. G. Will the proposed change adversely influence living conditions in the neighbor¡ hood? Ferneau, No; Altobe110, No; Burk, No. H. Will the proposed change create or excessively increase traffic congestion or otherwise affect public safety? Ferneau, No; Altobe110, No; Burk, No. I. Will the proposed change create a drainage problem? Ferneau, No; A1tobe110, No; Burk, No. J. Will the proposed change seriously reduce light and air to the adjacent areas? Ferneau, No; A1tobe110, No; Burk, No. K. Will the proposed change adversely affect property values in the adjacent area? Ferneau No; A1tobel10, No; Burk, No. L. Will the proposed change be a deterrent to the improvement or development of adjacent property in accord with existing regulations? Ferneau, No; A1tobe1lo, No; Burk, Possibility. M. Will the proposed change constitute a grant of special prive1ege to an individual owner as contrasted with the public welfare? Ferneau, No; A1tobe110, No; Burk, No. N. Are there substantial reasons why the property cannot be used in accord with the existing zoning? Ferneau, Yes; A1tobe110 Yes; Burk, No. O. Is the change suggested out of scale wi th the needs of the neighboL'hood or the City? Ferneau, No; A1tobe110, No; Burk, No. P. If it impossible to find other adequate sites in the City for the proposed use districts already permitting such use? Ferneau, No; A1tobe110, No; Burk, No. Chairman Burk stated since all had heard the responses, did someone wish to make a motion. Member A1tobe1lo moved that a recommendation be sent to Council that this property be rezoned from Residential General-2 to Commercial. Member Ferneau seconded the motion. Chair- man Burk called for further discussion. There being none, a voæwas taken with the following responses: Ferneau, Yes; Altobe110, Yes; Burk, Yes; Members Kirk and Wright were absent. Motion carried. Chairman Burk stated we will send a recommendation on to City Council. LIVESTOCK ORDINANCE Chairman Burk stated the next item was a discussion of a need for a livestock ordinance. Member Ferneau asked if we had placed an advertisement on this ordinance or if people had come in to make a complaint and requested it. Chairman Burk stated it had been brought to his attention by one Councilman that the Council is right now acting on this, either they have just completed or are in the process of approving a livestock ordinance. Chairman Burk further stated he thought this would take care of this item and the more he thinks about it, he isn't too sure it is any of our busines& We're primarily designed to deal with land use. Attorney Conlon stated he thinks it's a legitimate concern of a Planning Board as we're dealing with growth problems and this is a growth problem. After further discussion, Member Ferneau moved to table this item and wait and see what the City Council proposes as an ordinance. Seconded by Member A1tobe1lo. Motion carried. IJ? ~ HIT CHAIRMAN TO CALL ON CITY ATTORNEY, BUILDING & ZONING ADMINISTRATOR AND BOARD MEMBERS FOR REPORTS AND/OR REQUESTS MEMBER FERNEAU: Member Ferneau stated he agreed with Chairman Burk that in the future this incomplete- ness be taken care of before an applicant comes before the Board. If guidelines are followed hopefully, this won't happen again. CHAIRMAN BURK: Chairman Burk stated each member had some information plus a textbook for the Planning Course Correspondence they signed up to complete. They would need to schedule a time, other than a regular meeting, to go over the lessons and write up an answer to send to the school. Chairman Burk stated a group leader, which he didn't care to be, would need to be chosen. He suggested perhaps Vice Chairman, James Kirk, should be the group leader. If anyone wanted to volunteer to be the group leader, that was fine also. As Member A1tobe110 was absent when this course was discussed and voted on, Chairman Burk explained to him how and why the course was initiated. ADJOURNMENT There being no further business before the Board, Member Ferneau moved to adjourn the meeting. Seconded by Member A1tobe1lo. Meeting adjourned at 8:55 P.M. A'O~~ /Da1e Burk Planning Board Chairman City of Okeechobee ATTEST: , ) / ¡¿cd ~ ¿/z~ Ruth E. Berndt Planning Board Secretary City of Okeechobee A TAPE OF THIS MEETING IN IT'S ENTIRETY IS ON FILE IN THE CITY CLERK'S OFFICE. REGULAR MEETING TUESDAY, AUGUST 3, 1982 The Planning Board/Board of Adjustments and Appeals convened in regular session in the Council Chambers at City Hall in Okeechobee on Tuesday, August 3, 1982, at 7:00 P.M. Members present were: Frank A1tobe110, Jim Wright, and James Kirk. Member absent, Darrell Ferneau. Chairman Dale Burk resigned as of July 31, 1982, to continue his education. Others present were: Building and Zoning Administrator, Mallette Westbrook; City Attorney, David Conlon; and Secretary, Ruth Berndt. - - -