91-374-R LaRose
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NAME Of PROPERTY OWNER(S): Lionel & Chonoliah Larose
MAILING ADDRESS 502 S. W . 19th St.
PROPERTY ADDRESS 109 & 111 N. W. 6th St.
NAME OF APPLICANT IF OTHER THAN OWNER (mu.t .ta'. r.latlon.hlp):
Not.: If not Own.r or Anorn.y a' Law, proof of authority muet be provtded on form L-2
HOME TELEPHONE: 357-0933
WORK TELEPHONE: 763-4736
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DIRECTIONS TO PROPERTY 109 & 111 N. W. 6th St . City of Okeechobee
WHAT IS CURRENT USE Of PROPERTY? Commercial Retail/Radio Broadcasting
DUCRIBE IMPROVEMENTS ON PROPERTY (1f non.. .0 .a.t.)C.B.S. stnch..1res far Retail Cales/FOOio .Bread
APROXIMATE NUMBER OF ACRES .1b Ac. IS PROPERTY PART Of PlATTED SUBDIVISION?
ARE THERE ANY DWELLINGS ON -tHE PROPERTY. If SO. STATE NUMBER AND TYPE (CONVENTIONAL. MOBILE HOMES ETC.)
AND WHETHER THEY ARE OCCUPIED (2) C,B,S. NJt Q:cupiai
Residerx::e .
. 18 THERE ANY CURRENT OR RECENT U8E OF THI8 PROPERTY THAT WOULD BE A VIOLATION OF COUNTY ORDINANCE?
No
HAVE THERE BEEN ANY LAND USE APPLICATIONS CONCERNING ALL OR PART OF THIS PROPERTY IN THE LAST YEAR.
IF 80. DE8CRIBE DATE. NATURE AND APPlICANT'S NAME No
IS A SALE SUB.lECT TO THI8 APPLICATION IEING GRANTED? No
IS THE 8UBJECT PARCEL YOUR TOTAL HOLDtNGS AT THAT LOCATION? IF NOT, DE8CRIBE THE REMAINING USE OR
OR INTENDED U8E No
BRIEFLY DESCRIBE ADJOINING PROPERTY USE TO THE NORTH Du lex A tments
SOUTH Vacant EAsTCarnErc:i.al./Mcal, Retail, 1vbtel
WE8T Residential
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CURRENT ZONING CLA.. (Old City) "C" PROPO.ED ZONING CLA" C-II
WHAT 18 YOUR DESIRED PERMITTED USE UNDER THE PROPOSED CLA8.?
If GRANTED. WILL THE NEW ZONE IE CONTIGUOU. WITH A LIKE lONE? Yes
18 A SPECIAL EXCEPTION NECE8SARY FOR YOUR INTENDED U.E? Yes
VARIANCE? No
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NOTICE: A request has been made for a hearing before the Board of Adjustment
of Okeechobee County, Florida on Tuesday, NOVEMBER 26, 1991 at 7:00 p.m. in
the County Commission Meeting Room, Okeechobee County Courthouse, 304 N.W. 2nd. Street,
Street, Okeechobee County, Florida to consider a:
SPECIAL EXCEPTION TO ALLOW A CARPENTRY SHOP IN COMMERCIAL ZONING IN THE CITY
ON THE FOLLOWING DESCRIBED PROPERTY:
LOTS 7, 8, 9, BLOCK 91 CITY OF OKEECHOBEE, PLAT BOOK 5 PAGE 5
~
IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT
WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING, HE WILL HAVE TO
INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WInCH INCLUDES THE
TESTIMONY AND EVIDENCE UPON WInCH THE APPEAL IS BASED.
MARTIN O'SHEA, Zoning Administrator
Lionel Larose
813/763-4736
91-363-S
PUBLISH IN THE OKEECHOBEE NEWS: NOVEMBER 8, 1991 & NOVEMBER 15, 1991
NOTICE FOR CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION:
NOTICE: A PUBLIC HEARING will be held on NOVEMBER 26,1991 at 7:00p.m. in the County
Commission Meeting Room, Okeechobee County Courthouse, 304 N.W. 2nd. Street, Okeechobee, Florida,
to consider a rezoning from the existing classification of (Old City) C to Cll on the following described
property in the City Of Okeechobee at:
lOTS 7, 8, 9, BLOCK 91 CITY OF OKEECHOBEE, PLAT BOOK 5 PAGE 5
The SECOND hearing will be held before the Board of County Commissioners on ThtU'Sday, DECEMBER
19,1991 at 1:30 p.m. in the County Commission Meeting ~m, Okeechobee County Courthouse, 304 N.W.
2nd. Street, Okeechobee, Florida
ALL INTERESTED PARTIES AND CITIZENS SHALL HAVE THE OPPORTUNITY TO BE HEARD
AT THE FIRST AND SECOND HEARING.
If any person decides to appeal any decision made by the County Commission in this case, with respect
to its consideration of the within matter, such person will need to ensur\) that a verbatim record of the
proceedings is made which includes the testimony and evidence upon which the appeal is based.
Martin O'Shea
Zoning Administrator
Publish in the Okeechobee News on NOVEMBER g, 1991 & NOVEMBER 15,1991
Lionel Larose
813/763-4736
91-374-R
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TO:
TII R tl:
THRll:
FROM:
CITY OF OKEECHOBEE
MEMORANDUM
Mayor and Council
DATE: Jan. 7, 1992
SUBJECT: Exhi hi t 12
John J. Drago, City
ffl
Administratorqu~~
, ,
Today the attached information regarding
the rezoning was delivered to my office.
MEMORADUM
TO:
John Drago, City Manager
FROM:
Martin O'Shea, Administrator Planning, Zoning & Building
DATE:
January 6, 1992
SUBJECT:
********************************************************************************************
Petition 91-374-R and 91-363-S
PETITION # 91-374-R
PETITION # 91-363-S
LIONEL & CHONOLIAH LAROSE
C to cn
CII-SP.EX.#10
The Laroses' presently have the Solid Oak Retail Store on 6th St. Much of their furniture is made locally
and they would like to combine their carpentry shop with the retail store. This carpentry shop would be
approximately 30' x 40' and would be located on the south side of the retail store. If the building were
attached there would be a one hour fire separation waIl between the two occupancies. In the furniture
shop there would be no more than the owner and at the maximum one employee. The staff would
recommend approval to this rezoning and to this special exception with the following conditions:
1] That there be no semi deliveries to the carpentry shop.
2] Maximum of two employees.
3] Maximum hours of operation 7am to 7pm Monday - Saturday.
4] Site planlbuilding plans be accordance with all city building requirements.
5] The addition be architecturally compatible with the other buildings on the property.
6] The special exception run with the present operator of the furniture shop.
The Planning Commission is unanimously recommending approval to the rezoning with the above stated
conditions.
THE OKEECHOBEE COUNTY PLANNING COMMISSION MEETING NOVEMBER 26, 1991
The Okeechobee County Planning Commission met in regular session
Tuesday, November 26, 1991 at 7:00pm in the County Commission
Meeting Room, Okeechobee County Courthouse, 304 N.W. 2nd Street,
Okeechobee, Florida.
Chairman Jerry Bryant opened the November meeting of the Okeechobee
County Planning Commission/Board of Adjustment. Board members
present were Brenda O'Conner, Christine Hooker, Wayne Lewis, Dan
Delagall, Frank Marsocci and John Smith. Also in attendance were
County Attorney; John Cassels, Martin O'Shea; Administrator
Planning, Zoning & Building, Secretary; Kay Birch, Twila Valentine;
Okeechobee News and Jeff Gunsten; of KC 101.
Chairman, Brya~t asked for a motion on the minutes of the previous
meeting and Brenda O'Conner made the motion to approve the minutes
as written with a second bv Dan Delaqall. Motion carried
unanimously.
PLANNING COMMISSION/BOARD OF ADJUSTMENT
OLD BUSINESS:
PETITION # 91-362-S
MICHAEL THIBAULT
PRVT AIRSTRIP
This petition was tabled at the last meeting. Michael Thibault
came forward to update this petition and passed out copies of the
D.O.T. instructions that were sent to him. Martha Futch, again
spoke in opposition to this petition.
Motion made bv Dan Delaaall to qrant this petition with the
following conditions:
1] Day time VFR (visual Flight rules only.
2] To be used by owner and invited guests only.
3] No commercial aviation activity shall exist including but
not limited to:
FLIGHT INSTRUCTION
CHARTER FLIGHTS
1
AIRCRAFT TIEDOWNS
AIRCRAFT RENTAL
CROP DUSTING
4] There will be no commercial crop dusting activity or storage
of any crop dusting chemicals, supplies or material.
5] No storage of unusable aircraft or parts.
6] No commercial activities including those listed above but
not limited to.
7] This special exception is not transferable to another owner.
8] Receipt of all D.O,T., F.F.A., and S.F.W.M. approvals, if
these approvals are not granted, the special exception is
null & void.
Wayne Lewis seconded the motion. Motion carried unanimously.
NEW BUSINESS:
PETITION # 91-364-S
COBURN AUTO SALES
C-SP.EX. # 9 CAR LOT
Red Coburn presented this petition stating that he currently has a
car lot at 1908 South Parrott Avenue, that he intends to keep in
addition to the one he is requesting a special exception for.
Frank Marsocci made the motion to deny the petition, based on the
fact that within the scope of this special exception is the means
of controlling the number of car lots and we have all we need on
441 South. The second was by Wayne Lewis. Motion carried
unanimously.
C-SP.EX.# 17 SALE OF
BEER & WINE.
PETITION # 91-365-S
RED ROOSTER, WEST
Mr. Douglas Sweet presented this petition stating that he has
purchased the convenient store on 78 West, just south of the "Big
0" R.V. Resort. He has opened a convenient store, bait & tackle
and service station and wishes to purchase a beer & wine license.
Frank Marsocci made the motion to approve the petition with a
second by Dan Delaqall and the following conditions:
1] That there be no on the premises consumption.
2] This special exception be only applicable to the applicant.
Motion carried unanimously.
2
PETITION # 91-369-R
TRAVIS & HELEN WILLIAMS AC TO RSF
PETITION # 91-370-R
TRAVIS & HELEN WILLIAMS AC TO RR
Both of these petitions were TABLED until the next meeting and a
survey of the property 1S presented to the Building
Department/Board.
PETITION # 91-371-R
HARRY & CATHERINE BOECKLER
AC TO RR
Mr. Boeckler stated that he has an AC (lot of record), that is not
buildable without this zoning change.
Motion to recommend approval to this petition was made by Dan
Delaqall and seconded by Chris Hooker, Motion carried unanimous 1 y ,
JEAN-LOUIS LACERTE
C TO RMH
PETITION # 91-372-R
Jean-Louis Lacerte presented his petition stating that he has a
parcel of land that he wishes to rezone the back portion of in
order to put on a mobile home. John Cassels, County ~ttorney,
stated that there are 2 deficiencies in this instance according to
section 8 of 74-1, as to the number of acres and the access to a
public street according to our present ordinance.
Motion to recommend denial of this petition was made by Frank
Marsocci, based on the fact that there is inadequate acreage and
access to this parcel. The motion was seconded by Dan Delaqall.
Motion carried unanimously.
PETITION # 91-373-R
DONALD & SHIRLEY WILDE
RR TO RMH
Robby Hoover presented this petition on behalf of Mr. & Mrs. Wilde.
After discussion on compatibility of surrounding property owners,
the deed restrictions submitted by the applicant, the road as
approved by the County Engineer with a total of 12 lots.
Motion was made to recommend approval of this petition bv Brenda
O'Conner based on the fact that the plans submitted is attractive
to the eye. The second by Dan Delaqall with the following
conditions:
DEED RESTRICTIONS:
3
1] This property will not be divided
2] There would be no entrance from Dark Hammock Rd. The
entrance would be on 26th Avenue.
3] Place a heavy landscape buffer around the property.
4] Maintain approximately a 75' setback from the property
lines.
5] Install no trailers older that 5 years. There may be ~
other items they wish to discuss at the meeting.
6] Minimum mobile home size of 700 sq. ft.
Motion was made by Brenda O'Conner and seconded by Dan Delaqall.
Motion carried with a vote of 4 to 3, with Frank Marsocci, John
Smith & Jerry Bryant voting no, and Brenda O'Conner, Chris Hooker,
Wayne Lewis and Dan Delagall voting yes.
PETITION # 91-363-8
LIONAL & CHONOLIAH LAROSE
CII SP.EX.
# 1 0 ,
CARPENTRY
SHOP
(OLD CITY)
C TO CII
PETITION # 91-374-R
LIONAL & CHONOLIAH LAROSE
The motion was made to recommend approval to these petitions by
Brenda O'Conner with the followinq conditions:
II That there be no semi deliveries to the carpentry shop.
II Maximum of two employees,
1l Maximum hours of operation 7am to 7pm Monday - Friday & Sam
to 7pm on Saturday.
il Site plan/building plans be accordance with all city
buildinq requirements.
.2-1 The addition be architecturally compatible with the other
buildinqs on the property, No metal buildinqs.
~ The special exception run with the present operator of the
furniture shop.
Motion was seconded by Wayne Lewis, Motion carried unanimously.
The Planning Commission/ Board of Adjustment on November 26, 1991
had a discussion to re-define the Government Use {GU} Zoning.
John Cassels, County Attorney explained that on reviewing of the
4
zoning ordinance it was determined that the GU zoning, which the
Okeechobee Landfill currently is designated as, would restrict
ownership to government use. It is the feeling of Mr. Cassels that
this would not restrict the sale of the property, it could present
a question as to whether an operation by a private company of that
landfill should the commission wish to follow that option in using
that use. As such, I propose to some language, I did do it in the
form of an ordinance for lack of a better way.
If the B.O.C.C. choose to a privatization route on the Berman Road
Site this would be an Ordinance that would have to be addressed by
the Commission so we would respectfully request your debate and
recommendation on such a change.
Copies of the proposed Ordinance was passed out to the Planning
Commission. Mr. Cassels stated that he had a second draft In
addition to the draft that the planning commission already had.
Chairman, Jerry Bryant asked what the suggestion of the proposed
change would be. Mr. Cassels stated that one of the requirements
on the Comprehensive plan is that zoning classifications are made
consistent with that plan, within a certain period of time. He
said that what he had attempted to do, is not only address the
issue of the private ownership in a government use zone, but also
to try to make the government use district approximate a little
closer to the language contained in the proposed comprehensive
plan. This amendment would recognize that certain government uses,
which have historically just been operated by governments such as
landfills, airports, correction facilities, & power plants may now,
5
or In the future, be operated by private companies but are still
performing what is essentially a public or broader base s~rvice to
the public. This amendment would acknowledge that there can be
private ownership of GU zoned property. Also, there is some
concern whenever you let the private sector into a particular zoned
classification we have tried to limit it to a specific designated
use. We've also added some additional criteria for consideration
by this board and by the B.O.C.C. in determining whether to grant
that GU zoned classification to private entity or person. We have
tried to build in some additional protection beyond what normal
zoned classifications have. The primary thrust of the ordinance is
to recognize that you can have private ownership within a GU
classification.
Jerry Bryant stated that his concern was that a parcel of land
could be rezoned to GU for a specific purpose, at least the
application was based on a specific purpose, but that over the
years that parcel of land under GU could be any permitted use set
forth could be done on that property. He asked if there were a
safeguard in this ordinance that would prevent that happening. Mr,
Cassels stated that there are safeguards.
John Ray was recognized from the audience, representing Waste
Management Inc. of Florida. He stated that his company objected to
the proposed amendment to the existing GU district. He stated that
their principal objection is that it is an effort to facilitate
conversion of the existing county owned landfill on Berman Rd. from
public to private ownership. This change would grant Chambers
6
Development Company exclusive right to own and operate a landfill
in the County while other private property owners may be required
to obtain a zoning change to GU.
Mr. Ray's statement was quite lengthy. He presented his letter
from which he read his statement, as a permanent part of the
record.
Kevin Cannon, representing T.J. & Agnes Cannon, real property
owners as well as a not for profit corporation by the name of
CITIZENS AGAINST REGIONAL LANDFILLS, INC. (C.A.R.L.)
He asked for the facts of the procedural history of what preceded
this proposition to bring it to the Board today.
He stated his objections based on the draft he was just handed:
1. On the basis of its title.
2. On the basis that it is ambiguous.
3. On the basis that it is internally inconsistent with the
existing zoning ordinances & the scheduled district
regulations.
4. On the basis that it is inconsistent and does not comply
with the consistency requirement of the existing
Okeechobee County Comprehensive Land Use Plan. Further
that it is premature and there has been no demonstrated
need for this to take place, in addition the
characterization of what this ordinance purports to do
that was made by the drafter, Attorney Cassels is not
clearly set forth herein. Mr. Ray also stated that
there is no scope and inadequate guidance for the
landowner in Okeechobee County.
5. There is inadequate definition as to what constitutes"
the directly associated facilities such as power sub-
stations, and sewer stations". There is an inadequate
definition as to what means " any single lawful
government use".
Mr. Ray continued to state objections and hypothetical scenarios.
7
The Board discussed conditional zoning, the comprehensive plan and
the Land Development Regulations,
John Smith made a motion to recommend approval of this amendment.
Wayne Lewis seconded the motion. The Board recommended unanimous
approval.
Discussion on the creation of a Restricted Mixed Residential,
Commercial District:
Martin 0' Shea stated his objections to this request. Matt Lightsey
was present to object. Debra Sales was also present to object. Dan
Delagall stated that this would create more problems in the county
than what we presently have.
Robert Gorman; Attorney for Ronnie & Lisa Ammons, was present to
represent his clients. Frank Marsocci stated that we now have 41
RM zoned districts in Okeechobee, and this proposal would de-
valuate this areas.
Dan Delaqall suqqested that this discussion be tabled for 90 days
in order to qet a better understandinq of this ordinance. Wayne
Lewis made the motion to table for 90 days for the reason stated by
Mr. Delaqall. Dan Delaqall seconded the motion. Motion carried
with a 6 to 1 vote, with Frank Marsocci votinq no.
Meeting was adjourned at 11:15pm.
KAY BIRCH, ZONING SECRETARY
JERRY BRYANT, CHAIRMAN
8
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Ci ty of Okeecho bee
65 S.E. Third Avenue. Okeechobee, Florida 34974-2932 . 813/763-3372
January 17, 1991
Okeechobee County
Property Appraiser's Office
307 Northwest 5th Avenue, Suite A
Okeechobee, Florida 34972
Attention: W,C, Sherman, Property Appraiser
Re: Rezoning Petition #9l-374-R
Dear Bill:
On January 7, 1992 the City Council voted to pass petition #91-374-
R requesting a rezoning of land from old City Commercial to
Commercial II, location of property being 109 and 111 Northwest 6th
Street (Lots 7, 8, 9 of Block 91, City of Okeechobee), Please find
herewith a draft copy of the minutes for your records.
Should you require any additional information please contact me or
my office at 763-3372,
Warmest regards,
/7
'r&#~~/
Bonnie S, Thomas, CMC
City Clerk
BST/sle:A:county,tic(5)
Enclosure
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Ci ty of Okeecho bee
55 S.E. Third Avenue. Okeechobee. Florida 34974-2932 · 813/763-3372
January 17, 1991
Okeechobee County
Building and Zoning Department
303 Northwest 2nd Street
Okeechobee, Florida 34972
Attention: Martin O'Shea, Zoning Administrator
Re: Rezoning Petition #91-374-R
Dear Mr. O'Shea:
On January 7, 1992 the City Council voted to pass petition #91-374-
R requesting a rezoning of land from old City Corrnnercial to
Commercial II, location of property being 109 and III Northwest 6th
Street. Please find herewith a draft copy of the minutes for your
records.
Should you require any additional information please contact me or
my office at 763-3372.
~SinCerelY' . d
~~t:'A~~~
onnie ~ Thomas, CMC
City Clerk
BST/s1e:A:county,tic(4)
Enclosure
E. Motion to approve Warrant Registers
for the month of November, 1991:
GENERAL FUND.......$255,643.19
PUBLIC UTILITIES...$457,289.84
REQUEST FOR THE ADDITION, DEFERRAL OR
WITHDRAWAL OF ITEMS ON TODAY' S AGENDA.
F. OPEN PUBLIC HEARING FOR REZONING
1. Consider Petition #91-374-R for rezoning
of property located at 109 and III North
west 6th Street from Old City Commerical
to Commercial II (City/County Planning
Commission recommended approval)
(Exhibit 12).
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CLOSE PUBLIC HEARING
Janualtu 7, 1992 - Reou.ea'1 Meet.{Ylo - pnno ? nl, q
COUNCILMEMBERS ACTION
Councilmember Watford made a motion to approve Warrant Registers
for the month of November, 1991, General Fund $255,643.19 and
Public Utilities $457,289.84; seconded by Councilmember Entry,
KIRK
COLLINS
ENTRY
WALKER
WATFORD
MOTION CARRIED.
None.
0'> VOTE
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x
X
X
X
X
~ ..,/ ,/ -;i/ /..
Councilmember Watford made a motion to approve Petiition iI91-374-R . . ! is po
for rezoning of property located at 109 and III Northwest 6th
Street from Old City Commercial to Commercial II, upon the
reco~endation of the City/County Planning Commission; seconded
by Councilemmber Walker (Lots 7 ,8,9 Block 91, City of Okeechobee) .
After discussion from the public and Council vote on motion to
approve rezoning petition was as follows:
KIRK
COLLINS
ENTRY
WALKER
WATFORD
MOTION CARRIED.
X
X
X
X
X