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0915 Rezoning 04-010-RORDINANCE NO. 915 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHV) ZONING DISTRICT TO COMMERCIAL BUSINESS (CBD) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition (Petition No. 04- 010 -R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land from Heavy Commercial (CHV) Zoning District to Commercial Business (CBD) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 1 THROUGH 12 of BLOCK 153, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Heavy Commercial (CHV) Zoning District to Commercial Business (CBD) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby • repealed. Page 1 of 2 SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this r day of September, 2005. ATTEST: CMC, City Clerk ames E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 4t'' day of October, 2005. (.f41 , ntki -(P-c Lane Gamiote:, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor City of Okeechobee General Services Department 55 S.E. 3' Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 -3372, ext. 217 Fax: (863) 763 -1686 Date: I c I a €10 Petition No. 04 -0 0— R Fee Paid: to t as 104 Jurisdiction: Pia + Ce, 1st Hearing: I ‘ .' a3 104. 2nd Hearing: rail + 1 /4 Publication Dates: 1 I /54' I5 IN —P-13 12 I zez 00. Notices Mailed: Uniform Land Use Application Rezone • Special Exception • Variance ✓ Name of property owner(s): Christopher W. and Gail M. Newman A P P L I C A N T Owner mailing address: 207 NE Park Street Okeechobee , FL 34974 Name of applicant(s) if other than owner (state relationship): same Applicant mailing address: same as above Name of contact person (state relationship): Vikki Aaron — agent Contact person daytime phone(s): 863- 467 -4768 Fax: 863 - 467 -4618 V Property address / directions to property: 200 Block NE Park Street & NE Second Street P R 0 P E R T Y Indicate current use of property: Commercial Describe improvements on property, including number /type of dwellings and whether occupied (if none, so state): Commercial strip center, bank, commercial building and pawn shop Approximate number of acres: 1.64 acres Is property in a platted subdivision? Yes Is there a current or recent use of the property that is /was a violation of county ordinance? If so, describe: No Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: None known Is a sale subject to this application being granted? No Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: yes Describe adjoining Iand uses / improvements to the North: Commercial South: Public Use East: Res. & Comm . West: Commercial Existing zoning: CHV Future Land Use classification: Commercial Actions Requested: (x ) Rezone ( ) Special Exception ( ) Variance Parcel Identification Number: R3- 15 -37 -35 -0010- 01530 -0030 (0070) (0100) (0110) (0120 ) Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. Printed Name Date inform Land Use Applicatio (rev. 1/03) Page 1 of 2 Uniform Land Use Application (rev. 1/03) Page 2 of 2 Current zoning classification: CHV Requested zoning classification : CBD R E Z O N E What is your desired permitted use under the proposed classification: The existing commercial uses are proposed to remain the same. The applicants are seeking relief with regard to parking, loading areas, on -site retention and the like. If granted, will the new zone be contiguous with a like zone? Yes. There are various commercial zoning dsitricts within the general area. Is a Special Exception necessary for your intended use? No Variance? No Uniform Land Use Application (rev. 1/03) Page 2 of 2 Describe the Special Exception sought: S P E C I A L E X C E P T I O N Provide specific LDR ordinance citation: Are there other similar uses in the area? Is so, describe: Why would granting your request be in the best interest of the area and residents? If business, briefly describe nature including number of employees, hours, noise generation and activities to be conducted outside of a building: Uniform Land Use Application (rev. 1/03) Page 2 of 2 Describe Variance sought: V A R I A N C E Describe physical characteristic of property that makes variance necessary: Did you cause or contribute to the characteristic? Is so, describe: What is the minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 -; ORDINANCE DENIED AT FINAL HEARING 4- ORDINANCE NO. 877 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACTOF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHV) ZONING DISTRICT TO COMMERCIAL BUSINESS (CBD) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition (Petition No. 04- 010 -R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.64 acre(s) from Heavy Commercial (CHV) Zoning District to Commercial Business (CBD) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 3 THROUGH 12 of BLOCK 153, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed .,. .. A_ _ .. .. fl...,..,,. el. .. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 7th day of December, 2004. /s/ James E. Kirk, Mayor ATTEST: /s/ Lane Gamiotea, CMC, City Clerk MOTION DENIED to adopt the proposed Ordinance at the Second and Final Public Hearing held this 4th day of January, 2005. Page 2 of 2 t • . y. L TRUSTEE'S DEED THIS INDENTURE, made, given and dated as of the 30th day 1 August , 1982, by HERBERT L.'FREEL, as Trustee of the MODERN DAIRY FARMS, NO. 1, INC., PROFIT- SHARING PLAN AND TRUST (Iv inafter referred to as the "Grantor ") to CHRISTOPHER W. NEWMAN ar. GAIL M. NEWMAN, his wife, (hereinafter referred to as the "Grante whose address for the purposes hereof is 207 N. E. Park Street, Okeechobee, Florida 33472; W I T N E S S E T H That the said Grantor, for and in consideration of the sum Ten Dollars ($10.00) and other good and valuable considerations t it in hand paid, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the said Grantee, all that certain piece, parcel or tract of land lying and being in the County of Okeechobee, and th State of Florida, more particularly described as follows: CITY OF OKEECHOBEE, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. TOGETHER WITH all the tenements, hereditaments and appurte ances with every privilege, right, title, interest and estate, reversion, remainder and easement thereto belonging or in anywise thereunto appertaining except as hereinafter otherwise expressly provided. TO HAVE AND TO HOLD the same in fee simple forever; SUBJECT, HOWEVER, to the following: (a) All real estate taxes and special assessments (and tt lien thereof) levied, payable or assessed against the land hereir conveyed subsequent to December 31, 1981; (b) Covenants or restrictions of record, if Any, but this reference shall not. serve to reimpose same; (c) All valid laws, rules and regulations of the United and the State of Florida, or any department, bureau, agency or pc ical subdivision of either thereof, relating to the uce of the le hereinabove described and herein conveyed. AND the Grantor covenants. with the Grantee that the Grant( is lawfully seized of the premises hereinabove described and her conveyed, and that said premises are free of all encumbrances except the matters hereinabove mentioned to which this deed is au • subject, and that the Grantor has good, right and lawful authors to sell the same. IN WITNESS WHEREOF,. the aforesaid Trustee as Grant has caused this instrument to be executed this 3p'- day of »ctus.t 1982. Signed, sealed and delivered in the presence of: f/ HERBERT L.iFREEL T14111 IMSTaUMLrrt PRLPARU RETUK'4 T ) ..311► PHIL W WATSON A• ruu V.. 11 NL`� iTT . El. Ile.. •.r N■ (� '.ill... V'. 'J gagi 251 P ±GE 591 STATE OF FLORIDA COUNTY OF 7_1/u d >t,.- I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared HERBERT L. FREEL, as Trustee of the MODERN DAIRY FARMS, NO. 1, INC., PROFIT - SHARING PLAN AND TRUST, well known to me to be the person described in the foregoing instrument and he acknowledged to and before me that he executed the same in the presence of two subscribing witnesses under authority duly vested in him. WITNESS my hand and official seal in the County and State last aforesaid this ,30'"S-day of �,�<c�1 , 1982. NOTARY PUBLIC M 2 4..! j/a�y�y .♦y y zr KtPM My Commission Expires: gamy NW We of florlJs r Gmylk My amore ississMo is MY 21P, - 2 - AX 1 4 252.001 . 00 UP 251. 591 �yccS3,igScs 'Feld iD Nvmbsr. 3- 15- 37 -35- 0010 - 01530 -0070 R E T U R N OfYW /1 71re {OtI38 PAGEI 656 Documentary Stamp paid in Ufa amount of $ 17;5".' f;J Class C IntanH i Tax paid in do amount fit$ Sharon Robertson, Clerk a Circuit Court Dater 5- /P -coop Warranty Deed This Indenture, Made this /.f day of May,2000A.D., Between ESTEE INVESTMENTS, INC., a corporation existing under the laws of the state of Florida etheConmyof Broward FIRST BANK OF INDIANTOWN, a corporation existing under the laws of the state of Florida sweat Florida , Winter, and wbammmmn mP.O. Box 365, Indiantown, Florida 34956 dlhecaveryo Martin , :,neat Florida ,gsntee. witnesseth that the GRANTOR, for and to consideration of the sum of • — • — — • — — TEN i NO /100(510.00) DOLLAR.; end other good and valuable sonoWention to GRANTOR M hand paid by GRANTER, the receipt whereof le hereby acteatedged. hat granted, barpleed and sold to she said GRANTER and ORAMEWS eumesson awl soigne former, the Cottoning described laM, situate, ye g end MM[ M iMs Connor Okd►eehobee state of Florida w.1t: KEECBOBEE, according to the plat t ereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. SUBJECT to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 1999. 337620 FIlt t) r!it lei CUHp pK{ ! r.t l CU. Fl. 00 MAY in ptl 1,• n1 ;ii:.F.: ctll r.i.CRF. i8' NW the grantor does hereby t.l1 warrant the Oda to mid 1.M. and MU defend the mom against kohl clean+of as persons whomsoever. In witness whereof, the pant.. W heraaso eel Ms heM a seal the day and year ant eboss written, Signed, sealed and delivered Is oar presences EST INVES S, INC. Printed Name: Wit -ay I. . Byr C+.er 044 SCOTT RIZNICK, Vice President P.O. Address 1603 SW. 13th Terrace, Pon Lauderdale, P1. 13312 STATE OF FLORIDA COUNTY OF BROWARD �- The foregoing kMtrrrneel wee actnoanedged before ate Mk J day of May, 2000 by SCOTT RIZNICK, Vice President of �STEE INVESTNUT$, INC., 'Florida Corporation. on behatt of the corporatioe.11e is personal known to me or has produced his Drivers License w ldentlnCetkm. Mb Document prepared By. m '11119 W. o1Nm.Y, m O ODNILY a ODN24.Y. PA. ton O21I03 DRAWER 1367 M GARY PUB Sufoh 1 MOtdltl 70KIIDOfoBIIII,111. 31913-1367 e 7 �ce MYCOMASSION d CCJIflM £XP11IS �'`' �c else raw March 19, 2002 1)'ILS.SSSS rorwF1YY11I � h':: %v (Corporate Seal) Printed waa1g n Mort-ill' Y7r4lDDauWNW n!^•• rr,r, MOItTOAO[ O[[O re CORPORATION PROM INOINOWAL �Y14r••'11'I%1•ie.D.iriet'IAe�i east 236 r,U�i08— Psl This fflotage deed Exerutr d the 15th day of August A. D. 1980 by CHRISTOPHER W. NEWMAN AND GAIL, M. NEWMAN, HIS,WIFE hereinafter caged the mortgagor, to OKEECHOBEE 000NTY BANK a corporation existing under the laws of the Slate of FLORIDA address at P. 0. Box 218, Okeechobee, Florida hereinafter called the mortgagee: (Wherever wed lame. thy Mnr ••Rwelll• W "...taste*" i•d.de ♦11 IM partial a s I Wnmom s.i dr. lain, %m I K/.e�t Wes ...d .Pitt. .1 {Rd.�le ..d the M... o.. and **Apr .1 ter/.r.tiNN: awl she Imo • R.M• in.l.de..33 Nr seen Mrei. Mraibed AI wen I o. ••••) , with its permanent postof f fee liiitittsseth, that for good and valuable conslderaHons, and also in consideration 4 the aggre- gate sum named In the promissory note of even date herewith. hereinafter described, the mortgagor Isere- grants, bargains, sells, aliens, remises, conveys and confirms unto the mortgagee all th. certain tarsi of which the mortgagor is now seized and in po on situate in Okeechobee County. Florida, viz: 1111111111111111111, CITY of OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, page 17'of the public records of St. Lucie County, Florida, and also recorded in Plat Book 5, page 5 of the public records of Okeechobee County, Florida "Ptb t ed (tittS. tt 1 eetd 'do hetrh9 ei,n.ent ,nd Renee tl,.a thrr v .11 not. ,!urtr. the p. n, • t t. i .,., ., ,1 e;.�il , ^,1.111 u•,t., thr mortgagr.• t!',�: n t • • elate the tutal•La:sacr remauu::i;, due at thr date et cu.': fl,; m„rr,,,,,,. ,1.,^ ,'. r,i.r the ra•rment of any rr,rie by the • coos $ 80,000.00 cnc ti^o. :.n -: r'ro. vIcea fur•l•r.• • c or loans shnl bo tv ^ . -- ed t., - :.r: -aiu n•nttcn ;n.truments fo invoke the terms heroof. ;- 1g•,t' t ', {p f S .•, ,Apt! TAY l i••ti' t -1 2 0. 0 0 1 C -! FLORIDA RECEIPT Na.33 as'/ 1JF.Q_ 1715 82) For pfraent r,( Int..ag '..i;; Cla•,t C lax in the Amount of _t?Q• 44 ..�_ UdNA of Coco! Court N: y 236 r;c =i019 • r..A Aaa -U e '{ytD• °o Thh Document rrrrrrrd Ily sad Re1ur« to: COMELY i COMELY, P.A. TOM W. CONZLY. III 401 N.M. 6TH STREET P.O. DRAWER 1367 OKEECHOBEE, FL 34973 -1367 Do:u entary Stamps paid in the amount of $ �2J7. VI/ Class C ntangible Tax tyld in the amount of $ _ She Robertson, CICAA of Circuit Court Ok my . i 4l . UP . , D.C. Oates I < -rg. • X003 in Member. 3-15-37-35-0010-01530-0110 Warranty Deed This Indenture, niad,: tlos l8th d.y of August CECIL W. NEWMAN and ANN E. NEWMAN, his wife ta.0508 I4 1 LI68 , 2003 Au.. Between •' the wanly tar Okeechobee , Florida , grantors, amt DAVID M. CONLON and ROSE M. CONLON, his wife whose adore.. ,, 180 NW 3rd Avenue, Okeechobee, FL 34972 r n,c fount), or Okeechobee State of Florida , grantees. Witnesscth that the tiRAh'1ul4S, On and in eomdeunon of the sum of TEN DOLLARS ($10) DOLLARS. and other gold and velastic eot,,de,ahon to GRAN fOKS on hand paid by GRANTLLS. the reeep whereof o1 hereby acknowledged, have granted. bargained and s,dd to the said GRANTFFS a:.d GRANTrE,' Acre, successor, and aaugns forever. the lollowtng described land. situate. lying and being on Inc County of Okeechobee state or Florida mw,t OKEECHOBEE, according to the plat thereof recorded a Book 5, Page 5, public records of Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 2002. 3959? FILED FOP RECORD r. F.tf.!tp6CC CCUNT Y 11 :• 03 AUG 1 8 PM I : 47 Afi:.•:•1 P08ERTSOU CLERK OF CIRCUIT COURT and the grmmw .h. hurry fldly ...,near floc :dk e. r.u.t :and. 41111 .111 defend the sums aga'nat 1.m1111 clams .4 all rerowla wh.mascver In Witness %Vhcrelr, one y,aohna ha.a lw•.< „m, tr. .,,. tans. ant .ealr ma• day and y,at rr.: al.,..e .114005 Signed. scaled and delivered in our preveuce: —II1 4 STATE OF FLORIDA COUNTY OF OKEECHOBEE the 6.rcgnmg marumen; « , acl4 .1e,44.1 Nit .01. n,. n.,. 18th d„ .1 CECIL W. NEWMAN and ANN E. NEWMAN, him wife o CCrel W4 1 11 A.Lhcss 1004 SH ash Nina. flaec4hulrre, r1. 14974 7 E. NEWMAIT (\c41) 1if_., ISc, l I', t ,lddreas 10,14 SW Olt N,erl, 111IYreahnhrr, Fl •4)71 August ..t.,.rc;Vr<,•nau7a .111..e.•oh,h.,.r.,.:.,....e Florida driver's license ..i+ t1.a4AFCC..t', ". -.... .2003 ly r, n co i2 CO 4, STAT,. oFF►.QR{ ADAD 1 GOCUM.!.�1APY�:; . STAMP TAX ''" p[pT.OF i:Vili ui?..:ij 7.t C C n c, ACG2P'".2 \..\+:F•'r• rt,, J u u. w,, i . Tasri lD Newise 3- 15- 37 -35- 0010 - 01530 -0120 onion #i Tent Mace Above This Line Pot Recording Dams e6 337 PlCE 263 Warranty Deed This Indenture, Made this a 414' day of August ,1992 A.D., Between MILDRED B. FEREBEE, SURVIVING SPOUSE OF WARREN 11. FEREBEE,DECEASED, NOW A SINGLE WOMAN, or the County of OKEECHOBEE , sea or Florida , grantor, and WHIDDEN ENTERPRISES, INC., a corporation existing ender the laws of the state of FLORIDA whose address is 221 E. NORTH PARK STREET, OKEECHOBEE, Florida 34974 or the County of OKEECHOBEE , state or Florida , grantee. Wltnesseth that the GRANTOR, for and in consideration or the sent of TEN & NO/100($10.00) DOLLARS, and other Rood and valuable consideration to GRANTOR in hand paw by ORANTEB, the naeipt whereof Is hereby acknowledged, has granted, berpioed and sold to the mkt GRANT= and ORANIEE'S summon and snips fosever, the following described Toad, situate, lying and bats In the county d OKEECHOBEE state of Florida to vie IN THE TOWN OF OKEECHOBEE, ACCORDING TO F (.* RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID PLAT ALSO BEING RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SAID LOT LYING IN AND COMPRISING A PART OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 1991. and the grantor does hereby fully warrant the title to said land, and win def end the same against Iuwful deigns of all p »one whomsoever. In Witness Whereof, the grantor hes hereunto set her band and seal the day and year lint above wen. Signed, staled and delivered la our presence 243446 T.O. Addrss T.O. BOX 175, OKEECHOBEE, PT. 34973 CKL 52 AUG 28 P11 3: I 1 • CLERK OF (,i,il Li i ►,.;L:‘T (sew) STATE OF Florida COUNTY OF OKEECHOBEE 73a tonpfas irtrement was ackaowledgpd before ma this ;la day of August , 1992 by MILDRED B. FEREBEE, who is penoody known to me or who has produced her DRIVER'S LICENSE as wsadeeacke and who did take an oath. 7341 Daamat hepered By: SIBIU 38[.VSY hat' T St u / OL TANnm1m$C . 300 CO sT* DT, T. O. BOX 1211 NOTARY PUBLIC Christopher W. and Gail M. Newman Property Owners and Applicants Owner's Statement of Consent to Application We, Christopher W. and Gail M. Newman, being the record title owners of the Lots 3 through 6 and Lot 10 Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, do hereby consent to make application to the City of Okeechobee to request a change in zoning from the existing classification of Heavy Commercial (CHV) to Central Business District (CBD). Signature o Owner : `gnature of Owner Christopher W. Newman Gail M. Newman Name of Owner (Printed) Name of Owner STATE OF FLORIDA COUNTY OF OKEECHOBEE Sworn to and subscribed before me this c9Q day of _7(0 . _, 2004 by who are personally known to me and who did not take C °h r/ 5 6a, 1 Al tvr) C n an oath. art Notary Public — ate of Florida kki Cann Rvo XIKRAIT LYNN AARON M ' SS1ON # DD027331 .1/-OF c P. ES: June 26,2005 1-000-3-NO TAR Cl Notary Service & Bonging, INC. David M. and Rose M. Conlon Property Owners and Co- Applicants Owner's Statement of Consent to Application We, David M, and Rose M. Conlon, being the record title owners of the Lots 11, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, do hereby consent to make application to the City of Okeechobee to request a change in zoning from the existing classification of Heavy Commercial (C . ) to Central Business District (CBD). Name of Owner (Printed) STATE OF FLORIDA COUNTY OF OKEECHOBEE Sign: ture of wner ame of Owner Sworn to an subscribed before me this a / day of /n.�� E'■C.,., , 2004 by Dig vi D C. NC:O-N who are personally known to me and who did not take an oath. Notary Public — Sta Vk/ Lyn n a 19'1%4, v LYNN AARON MY COMMISSION # DD 027331 Ifre OF pa rxp�p ES .'.6.2005 1-800-3-NOTARY FL' "jalloary Setrv^ Y. Bunting, Inc. First Bank of Indiantown Property Owner and Co- Applicant Owner's Statement of Consent to Application First Bank of Indiantown, being the record title owner of the Lots 7 through 9, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, do hereby consent to make application to the City of Okeechobee to request a change in zoning from the existing classification of Heavy Commercial (CHV) to Central Business District (CBD). Signature of Owner Ed1,oaral Apples -cm Name of Owner (Printed) STATE OF FLORIDA COUNTY OF OKEECHOBEE Sworn to and subscribed before me thiso2 / day of , 2004 by rc/1,00 rel Apple} who is personally known to me and who did not take an oath. SEAL ���r °�� VIKKI LYNN AARON MY COMMISSION # DD 027331 1SU • '�`• 0 EXI'IRES: June 26, 2005 1- 8'J43-NOTARY FL Notary Service & Bonding, Inc. Whidden Enterprises, Inc. Property Owner and Co- Applicant Owner's Statement of Consent to Application Whidden Enterprises, Inc, being the record title owner of the Lots 12, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, do hereby consent to make application to the City of Okeechobee to request a change in zoning from the existing classification of Heavy Commercial (CHV) to Central Business District (CBD). Signature of Owner Name of Owner (Printed) STATE OF FLORIDA COUNTY OF OKEECHOBEE Sworn to and subscribed before me thisL day of tl � , 2004 by who is personally known to me and who did not take J6hh Whiddc n an oath. La /i Notary Public — , tat' of F K Lyn rida ")-- 3:1°41, VIKKI LYNN AARON e M11Y COMMISSICSU27331 a" EXPIRES: June 26, 2005 • r��, !,FY L Notary Service & Bantling, Inc Christopher W. and Gail M. Newman — Property Owners and Applicants First Bank of Indiantown David M. and Rose M. Conlon Whidden Enterprises, Inc. Co- Applicants Legal Description Pertaining to Application Lots 3 through 12, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. STATE ROM s- w cr 1• Cid - L 3-1 5-37-35-001 0-01530-0030 CHRISTOPHER W 8 GAL M — $56,000 — IQ 1 J S_ E. PARK T-1 STREET I— I i I 1 1 1— 1 r TATE ROAD 70 http://www.okeechobeepa.com/GIS/FMap.asp 10/26/2003 Christopher W. and Gail M. Newman — Property Owners and Applicants First Bank of Indiantown David M. and Rose M. Conlon Whidden Enterprises, Inc. Co- Applicants Statement of Special Reasons and the Basis for the Request Christopher W. and Gail M. Newman currently own Lots 3 through 6 and Lot 10, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The co- applicants currently own Lots 7 through 9 and Lots 11 and 12, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The subject property is located in the 200 Block of N.E. Second Street and N.E. Park Street. The improvements include a 13,750 square foot commercial strip center, a 6,016 square foot bank, a 3,650 square foot commercial building and a 1,326 retail store /pawn shop. The applicants and co- applicants are requesting a change in zoning from the existing classification of Heavy Commercial (CHV) to Central Business District (CBD) to allow the landowners some flexibility in the development and use of their commercial property with regard to parking, loading, on -site water retention and the like. The Central Business District (CBD) zoning district will permit landowners to apply to the Technical Review Committee for a reduction in parking space requirements when sufficient off - street parking can be provided by alternative means. The requested change in zoning is consistent with the Unified Land Development Code and the future land use designation. Christopher W. and Gail M. Newman — Property Owners and Applicants First Bank of Indiantown David M. and Rose M. Conlon Whidden Enterprises, Inc. Co- Applicants Statement of Intended Use Christopher W. and Gail M. Newman currently own Lots 3 through 6 and Lot 10, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The co- applicants currently own Lots 7 through 9 and Lots 11 and 12, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The intention of the applicants and co- applicants is to request a change in zoning from the existing classification of Heavy Commercial (CHV) to Central Business District (CBD) to allow the landowners some flexibility in the development and use of their commercial property with regard to parking, loading, on -site water retention and the like. The Central Business District (CBD) zoning district will permit landowners to apply to the Technical Review Committee for a reduction in parking space requirements when sufficient off - street parking can be provided by alternative means. The requested change in zoning is consistent with the Unified Land Development Code and the future land use designation of the comprehensive plan. Christopher W. and Gail M. Newman Property Owners and Applicants Statement Addressing Existing Use of Surrounding Properties The property under consideration is a 1.64 acre site, with primary frontage on N. E. Second Street and N.E. Park Street. The property is also bounded by N.E. 3rd Avenue to the east, N.E. 2nd Avenue to the west. The property is rectangular in configuration and is currently zoned Heavy Commercial (CHV). The property's north boundary line abuts N.E. Second Street. Just beyond Second Street is Bass Funeral Home. To the east of the subject property are two (2) residential properties. Further to the east is Regions Bank. To the west is the Eckerd's Drugstore. Directly south adjacent to Park Street is a number of government uses. Further south is a variety of commercial uses. There should be no adverse impacts to the subject property, to surrounding property or to the general area by granting the requested change in zoning. The proposed change in zoning is consistent with the comprehensive plan and land development code. Christopher W. and Gail M. Newman — Property Owners and Applicants First Bank of Indiantown David M. and Rose M. Conlon Whidden Enterprises, Inc. Co- Applicants Statement of Applicants Interest in Property Christopher W. and Gail M. Newman currently own Lots 3 through 6 and Lot 10, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The co- applicants currently own Lots 7 through 9 and Lots 11 and 12, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The subject property is located in the 200 Block of N.E. Second Street and N.E. Park Street. The improvements include a 13,750 square foot commercial strip center, a 6,016 square foot bank, a 3,650 square foot commercial building and a 1,326 retail store /pawn shop. The applicants and co- applicants are requesting a change in zoning from the existing classification of Heavy Commercial (CHV) to Central Business District (CBD) to allow the landowners some flexibility in the development and use of their commercial property with regard to parking, loading, on -site water retention and the like. The Central Business District (CBD) zoning district will permit landowners to apply to the Technical Review Committee for a reduction in parking space requirements when sufficient off - street parking can be provided by alternative means. The requested change in zoning is consistent with the Unified Land Development Code and the future land use designation. CENTERLINE N. E. 2nd AVENUE RBF N 0 s 35' DRILL HOLE • In M CENTERLINE N. E. 2nd AVENUE N89° 59' 38' E 199. 9' (F) RBF 50.0' (P) I 50.0' (P1 I cT I I in LOT LOT LOT 6 (5 4 28551.58 SQUARE FEET CHRIS 6 GAIL NEWMAN IMPROVEMENTS NOT SHOWN OR 251 PG 590 50.0' (P) N RBF • 50.0' (P) LOT 3 Cu N 200.0' (F) 300.0' (F) 15' (PI T35 1 1 NOT PART I NOT PART _OF OF SURVEY I OF SURVEY LOT I LOT I I I I n L; RBS • — —L ' Lu 15. 24' (F) z 3rd AVENUE ALLEY ,DRILL HOLE n LOT 7 I LOT 8 I 1 1 LOT 9 7111. 60 SQUARE FEET CHRIS 6 GAIL NEWMAN LOT 10 71 04. 32 SQUARE FEET CECIL 6 ANN NEWMAN LOT 11 , 7098. 33 SQUARE FEET MILDRED FEREBEE LOT 12 21378. 46 SQUARE FEET FIRST BANK ,i OF INDIANTOWN IMPROVEMENTS IMPROVEMENTS IMPROVEMENTS IMPROVEMENTS NOT SHOWN NOT NOT NOT OR 438 PG 1656 SHOWN SHOWN SHOWN ni OR 236 OR 508 OR 337 -i 1 1 PG 1019 PG 1468 PG 263 50.0' (P) I 50.0' (P) I 50.0' (P) 50.0' (P) 50.0' (P1 50.0' (P) ■ N89° 59' 18" W 250. 2' (F) CENTERL I NE NORTH PARK STREET (S. R. 70) N89'59' 18' W (F ) 49.96' (F ) RBF Z CC U LEGEND RBF - Rebar Found RBS - Rebar W /Cap Set IPF - Iron Pipe Found CMF - Concrete Monument Found PRM - Permanent Reference Monument (P) - As per the plat of (F) - Field Measurement (D) - As per the deed (C) - Calculation NOTES: t. Basis bearing NEST PROPERTY LINE 2. Bearings shown as per the plat of ASSUMED 3. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper 4. Description furnish by owner. CERTIFIED TO: CHRISTOPHER NEWMAN GAIL NEWMAN FIRST BANK OF INDIANTOWN CECIL NEWMAN ANN NEWMAN MILDRED FEREBEE CITY OF OKEECHOBEE SURVEY OF: Christopher 6 Gall Newman LOTS 3, 4, 5, AND 6, BLOCK 153, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA First Bank of Indiantown LOT 7. 8, AND 9, BLOCK 153, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Christopher 6 Gail Newman LOT 10, BLOCK 153, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND ALSO RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Cecil 6 Ann Newman LOT 11, BLOCK 153, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Mildred Ferebee LOT 12 OF BLOCK 153 IN THE TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID PLAT ALSO BEING RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SAID LOT LYING IN AND COMPRISING A PART OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST. OKEECHOBEE COUNTY, FLORIDA. CERTIFICATE OF SURVEY I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED UNDER NY DIRECTION AND SUPERVISION. LELTND DYALS, RLS 2084 LELAND R. L. S. 304 S. W. 3rd Ave. , PHONE 763 -4909 DYALS 2084 Okeechobee, Fla. FAX 763 -2600 SCALE: is . 50. LOCATION: LOT 3 -i2, BLOCK 153, CITY OF OKEECHOBEE i5- 37S -35E BCC D ANN NH ^NAME: X833 NO. REVISIONS DATE BY SEAL F.a /PO.:CITY 19/27 CHRISTOPHER & GAIL NEWMAN DATE: 10/20/04 JOB NO. 5833 DIM NO. . SHEET IOFi Christopher W. and Gail M. Newman Surrounding Property Owners Within 300' of Subject Property R3- 15- 37 -35- 0010- 01530 -0010 Susanne C. Hoover Post Office Box 78 Okeechobee, FL 34973 -0078 R3- 15- 37 -35- 0010- 01530 -0020 Michael G. Brown Post Office Box 120 Okeechobee, FL 34973 -0120 R3- 15- 37 -35- 0010 -0 )530 -0070 First Bank of Ind"ritown Post Officeox 365 Indiantown, FL 34956 R3- 15- 37 -35- 0010- 01530 -0100 Christopher W. and Gail M. Newman Post Office Box 986 Okeechobee, FL 34973 -0986 R3- 15- 37 -35- 0010 - 30 -0110 David and Rose onion 180 NW Avenue chobee, FL 39472 R3- 15 -37 -35 -001 - 1530 -0120 Whidden Ent rises, Inc. 221 EN P Street Okeebee, FL 34972 R3-15-37-35-0010-01690-0130 City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974 R3- 15 -37 -35 -0010- 01700 -0010 David R. Daniel III 548 NW 50th Drive Okeechobee, FL 34972 1 R3- 15- 37 -35- 0010- 01710 -0040 Rennae Sweda 497 SW 21st Street Okeechobee, FL 34974 R3- 15- 37 -35- 0010- 01710 -0020 Stanley Sweda 204 ES Park Street Okeechobee, FL 34974 -2967 R3- 15- 37 -35- 0010 -01710 -0010 Visiting Nurses Assoc. of Florida, Inc. 2400 SE Monterey Road #300 Stuart, FL 34996 R3- 21- 37 -35- 0020 - 02030 -0070 American Legion Post #64 501 SE Second Street Okeechobee, FL 34974 R3- 15- 37 -35- 0010 -01 0 -0090 City of Okeecho 55 SE T • venue Oke obee, FL 34974 R3- 15- 37 -35- 0010 -1 10 -0080 City of Okeech• •ee 55 SET ' . venue Oke- obee, FL 34974 R3- 15 -37 -35 -0010- 01520 -0010 International Savings Bank FSB 305 EN Park Street Okeechobee, FL 34972 R3- 15- 37 -35- 0010- 01520 -0040 Brigette Breaux Sheffield 1100 SW 83rd Avenue Okeechobee, FL 34974 R3- 15- 37 -35- 0010 - 01520 -0070 Okeechobee Acquisitions, Inc. 305 EN Park Street Okeechobee, FL 34972 R3- 15- 37 -35- 0010 -01430 -0010 Roger G. Horner & Wanda Waters 211 NE Fourth Avenue Okeechobee, FL 34972 R3-15-37-35-0010-01430-0030 Edward G. and Carolyn Cridland 306 NE Third Street Okeechobee, FL 34972 R3-15-37-35-0010 430 -0040 Edward G.. ; arolyn Cridland 306 NE ird Street 0 = -chobee, FL 34972 R3- 15- 37 -35- 0010 -01430 -0060 Thomas C. Close Post Office Box 2558 Okeechobee, FL 34973 -2558 R3- 15- 37 -35- 0010- 01430 -0070 David E. and Judy M. Hester 2036 SW 22nd Circle Okeechobee, FL 34974 R3- 15- 37 -35- 0010 -014 -0090 David E. and Jud . Hester 2036 SW 22°d ircle Okeechobee, FL 34974 �P. R3- 15- 37 -35- 0010- 01430 -0110 Lonnie Mills and Olive Evans Post Office Box 64 Palm City, FL 34991 R3-15-37-35-0010-01420-0010 James R. and Patricia Tenniswood 1008 SE Eighth Avenue Okeechobee, FL 34974 2 R3- 15- 37 -35- 0010 - 01420 -0050 Roger F. and Dollie M. Davis 202 NE Third Street Okeechobee, FL 34972 R3- 15- 37 -35- 0010- 01420 -0070 Robert D. and Betty Suzanne Braun 96 Champions Blvd. Rogers, AZ 72758 R3- 15 -37 -35 -0010- 01410 -0010 Edwin E. Walpole III, Trustee Post Office Box 1177 Okeechobee, FL 34973 -1177 R3-15-37-35-0010-01410-0020 Walpole, Inc. Post Office Box 1177 Okeechobee, FL 34973 -1177 R3- 15- 37 -35- 0010- 01410 -0040 Kirchman Oil Company Post Office Box 1625 Belle Glade, FL 33430 -1625 R3- 15- 37 -35- 0010- 01410 -0060 Haynes E. and Susan Williams 208 North Parrott Avenue Okeechobee, FL 34972 R3- 15- 37 -35- 0010- 01.410 -0070 Haynes E. and Susan Williams 208 North Parrott Avenue Okeechobee, FL 34972 R3- 15- 37 -35- 0010 - 01410 -0080 D. R. Watford, Sr., Trustee Post Office Box 578 Okeechobee, FL 34973 -0578 R3- 15- 37 -35- 0010- 01540 -0010 Sembler/EPM Joint Venture #4 5858 Central Avenue St. Petersburg, FL 33707 R3- 15- 37 -35- 0010- 01540 -0040 Louis Theodore and Angel Cox Post Office Box 2030 Okeechobee, FL 34973 -2030 R3- 15- 37 -35- 0010- 01540 -0070 Marshall C. Pitts C/o Checkers/David Berner 5444 Bay Center Drive Suite 103 Tampa, FL 33609 3 Petition No. Affidavit Attesting to the Completeness and Accuracy of List of Surrounding Property Owners 1 hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses and parcel identification numbers of all parcels and tracts within L 150 feet) ( xx 300 feet) not including intervening streets, alleys or waterways, of the perimeter of the lands which are the subject of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of October 20 , 2004 and the assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that Office. 1 therefore attest to this statement of fact by my signature below this 20t-h daY of Oct nher , 20 04 Name of Applicant (printed or typed STATE OF FLORIDA COUNTY OF OKEECHOBEE October 2Q, 2004 Date Sworn to and subscribed before me this 016 day of �'�� - , 20P . Personally known to me X OR produced as identification and did not take an oath. N ` a Public - State of Florida " 1YI41 IN, VIKKI LYNNAAi.... MY COMMISSION # DD 0- . .e-OFQ� EXPIRES: June 26, 2005 i- A0(}3NOTARY FL Notary Service & Bonding, Inc SEAL 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 - 334 -3366 Fax: 239 - 334 -6384 Email: larue- planning(aatt. net LaRue Planning & Management Services, Inc. Staff Report Rezoning Request Applicant: Christopher and Gail Newman From: Commercial Heavy (CHO To: Commercial Business (CBD) Petition No. 04-010-R Staff Report Rezoning Request Applicant: Christopher and Gail Newman Petition No. 04 -010 -R General Information Applicant: Christopher and Gail Newman Applicant Address: 207 NE Park Street Okeechobee, Florida 34974 Commercial Heavy (CHV) Applicant Phone Number: Use of Property Contact Person Vicki Aaron Acreage 863 - 467 -4768 Future Land Use Classification Existing Commercial Proposed Commercial Zoning District Commercial Heavy (CHV) Central Business (CBD) Use of Property Commercial center Commercial Center Acreage 1.64 1.64 Access Park Street Park Street Location: 200 Block of NE Park Street and NE Second Street Legal Description: Lots 3 through 12, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5 of the Public Records of Okeechobee, County, Florida Request: The applicant is requesting to rezone approximately 1.64 acres of developed property from the Commercial Heavy Zoning District (CHV)to Central Business Zoning District (CBD). Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Commercial Zoning District: Residential Multi- Family Existing Land Use: Funeral Home East: Future Land Use Map Classification: Commercial Zoning District: Commercial Heavy Existing Land Use: Residential South: Future Land Use Map Classification: Public Facilities Zoning District: Public Use Existing Land Use: Commercial 1 Staff Report Rezoning Request Applicant: Christopher and Gail Newman Petition No. 04 -010 -R West: Future Land Use Map Classification: Commercial Zoning District: Central Business Existing Land Use: Drug store Summary: The applicants of the above described property are requesting this rezoning in order to be relieved of some of the parking regulations required in the City's Land Development Code. The CBD Zoning District would give the applicants more flexibility in uses that could be accommodated by allowing alternative parking and less strict parking and loading standards (see Parking standards for the CBD Zoning District). The issue to be decided is whether this specific land area officially belongs within a CBD Zoning District. Analysis 1. The proposed zoning is not contrary to Comprehensive Plan requirements. The existing uses have already met the Comprehensive Plan requirements. The applicants are not presently proposing to change any of the existing uses already on the property. A CBD Zoning District is certainly consistent with the Comprehensive Plan as long as the CBD Zoning District characteristics are present at this site. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The applicants' request to rezone the property to the CBD Zoning District is appropriate under the Land Development Regulations. The existing uses are also allowed under this Zoning District and proposed uses would be allowed also. 3. The proposed zoning will not have an adverse effect on the public interest. The applicants' request should not have an adverse effect on the public interest. Traffic impacts will be minimal as long as adequate parking is available when people are conducting business at the commercial center. 4. The zoning is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The CBD Zoning district is appropriate for this location. The current businesses have already been considered compatible with adjacent land uses. These uses are not detrimental to urbanizing land use patterns. Ingress and egress to the subject property will remain the same. To lessen parking for the area, the applicant will still have the burden of showing how street parking or other parking alternatives can lessen the normal off - street parking requirements. 2 Staff Report Rezoning Request Applicant: Christopher and Gail Newman Petition No. 04 -010 -R 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. No, the applicants' request will not adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent property. 6. The proposed use can be suitably buffered, from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood The existing and proposed uses pose no impacts on the surrounding uses. Staff sees no need to impose buffering requirements upon the applicants as the adjacent property also shares the same CBD Zoning District. 7. The proposed use or Zoning District will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The impact of the proposed district will not create a density pattern that would overburden public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Staff does not anticipate any traffic, flooding, or drainage problems with the proposed zoning district. It still is the burden of the applicant to demonstrate why parking requirements should be lessened for this location. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the proposed use has not been inordinately burdened by unnecessary restrictions. In fact, the CBD Zoning District will be granting more flexibility to the applicants. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No special privileges will be granted to the applicants that are not already allowed under the Land Development Code's regulations. Summary and Conclusions Prior to Certification The subject property is designated Commercial on the adopted City of Okeechobee Future Land Use Map and the applicants' request is consistent with the Future Land Use designation. 3 Staff Report Rezoning Request Applicant: Christopher and Gail Newmah Petition No. 04 -010 -R Recommendation Based on the above Rezoning criteria being met, the request to rezone the parcel from CHV to CBD is recommended to be approved as it is consistent with the Comprehensive Plan and Land Development Regulations. Submitted by: James G. LaRue, AICP Planning Consultant November 11, 2004 4 The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763 -3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding -the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adve ' sement for publication in the said newspaper. Swo d subscri fore me this day of .2. 3 A.D. 20 e) 5 Notary Public, State of Florid. at Large PUBLIC NOTICE ' CONSIDERATION OF ADOPTING *CITY ORDINANCE PLEASE TAKE NOTICE that the City "Council of the City -of Okeechobee, Florida will on Tuesday,. October 4, 2005 at 6;00 p.m. eras soon thereafter ossible, at City Hall, 55.SE 3rd'Ave., Okeedhobee; FL conduct a'PUBLIC HEARING on and there- ' alter tb`consider final reading Of the'folbwi Ordinance into law: NO: 915: AN ORDINANCE OF TNECITY OF'OKEECHOBEE, FLORIDA AMENDING THE OFFI- CIAL ZONING MAP-OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED "HEREIN, FROM HEAVY COMMER- CIAL (CHV) ZONING DISTRICT TO COMMERCIAL BUSINESS (CBD) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS{ SEVERABILTTY AND AN- EFFECTIVE DATE. This item was tabled at the September 20, 2005 City Council Regular Meeting. The Ordinance is regarding Rezoning Application No. 04. 010 -R. The application is to change the zoning designation from Heavy Commercial (CHV) to Commercial Business District (CBD) for the 'entire block located at Northeast Park Street and 2nd Street. Legal description being: Lots 1 to 12 of Block 153, City of 0keecho- bee Plat Book 5, Page 5, Public Records, Okeechobee County, Florida. All members df the public ere encouraged to attend and participate in said hearing. Tile proposed,Ordinance niay be'Inspected In its entirety by members tithe pub- lic in the Office of the City Clerk during regular pusmess hours, Mon -Fri, 8am- 4:30pm, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City 'Council with respect to any matter considered at this hearing, such interested person will need a record of the proceedings and for such purpose may need.to ensure a verbatim record of the proceedings is made, which record includes the,testmony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. " In accordance with the Americans with Disability Act (ADA) and Florida Statutes 286.26, persons with dhsabiites needing special accommodation to participate in this proceeding should contact Lane Gamiotea no later than two (2) working days to the proceeding at 863 - 763 -3372 x215; if hearing or voice impaired, call DD 1- 800.222 -3448 (voice) or 1 -800- 447 -5620 (TTY). Lane Gamiotea, CMC, CITY CLERK 86467 0N9/23/05 ar m n R. Brown Commission gDD27211 8 Exoir7s: Jan 17, 2O8 Thru 1 ) 1 385 OCTOBER 4, 2005 - REGULAR MEETING - PAGE 3 OF 13 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to remove from the table a motion to adopt proposed Ordinance No. 915 - City Attorney (Exhibit 1). b) Vote on motion to remove from the table. 2. a) Public comments and discussion. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. New Business Items G, L and 0 were withdrawn from the agenda and will be deferred to another meeting. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:13 P.M. Council Member Chandler moved to remove from the table a motion to adopt proposed Ordinance No. 915; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. A motion and second by Council Members Williams and Chandler to adopt proposed Ordinance No. 915 is still on the floor for discussion from the September 20, 2005 meeting. Mayor Kirk asked whether there were any comments from the public. Mr. Tommy Hoover addressed the Council regarding the moratorium on Commercial Business District (CBD) zoning districts and questioned when the ban or moratorium would be lifted? Mayor Kirk along with Council Members Watford and Markham explained that the moratorium was put in place by ordinance. There will be no more CBD zoning. This will be the last one providing it is granted. Council Member Chandler commented that there are several problems within the City where businesses are having to use the streets and/or alleyways to accommodate for parking which is what the CBD zoning helped to provide. The Council needs to consider finding a solution to these situations that would help the owners so they can operate their businesses. Mayor Kirk remarked that should the Council want to do something regarding the moratorium, it would be discussed at a later date. l 1 1 1 385 OCTOBER 4, 2005 - REGULAR MEETING - PAGE 3 OF 13 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to remove from the table a motion to adopt proposed Ordinance No. 915 - City Attorney (Exhibit 1). b) Vote on motion to remove from the table. 2. a) Public comments and discussion. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. New Business Items G, L and 0 were withdrawn from the agenda and will be deferred to another meeting. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:13 P.M. Council Member Chandler moved to remove from the table a motion to adopt proposed Ordinance No. 915; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. A motion and second by Council Members Williams and Chandler to adopt proposed Ordinance No. 915 is still on the floor for discussion from the September 20, 2005 meeting. Mayor Kirk asked whether there were any comments from the public. Mr. Tommy Hoover addressed the Council regarding the moratorium on Commercial Business District (CBD) zoning districts and questioned when the ban or moratorium would be lifted? Mayor Kirk along with Council Members Watford and Markham explained that the moratorium was put in place by ordinance. There will be no more CBD zoning. This will be the last one providing it is granted. Council Member Chandler commented that there are several problems within the City where businesses are having to use the streets and/or alleyways to accommodate for parking which is what the CBD zoning helped to provide. The Council needs to consider finding a solution to these situations that would help the owners so they can operate their businesses. Mayor Kirk remarked that should the Council want to do something regarding the moratorium, it would be discussed at a later date. 1 1 385 OCTOBER 4, 2005 - REGULAR MEETING - PAGE 3 OF 13 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to remove from the table a motion to adopt proposed Ordinance No. 915 - City Attorney (Exhibit 1). b) Vote on motion to remove from the table. 2. a) Public comments and discussion. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. New Business Items G, L and 0 were withdrawn from the agenda and will be deferred to another meeting. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:13 P.M. Council Member Chandler moved to remove from the table a motion to adopt proposed Ordinance No. 915; seconded by Council Member Williams. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. A motion and second by Council Members Williams and Chandler to adopt proposed Ordinance No. 915 is still on the floor for discussion from the September 20, 2005 meeting. Mayor Kirk asked whether there were any comments from the public. Mr. Tommy Hoover addressed the Council regarding the moratorium on Commercial Business District (CBD) zoning districts and questioned when the ban or moratorium would be lifted? Mayor Kirk along with Council Members Watford and Markham explained that the moratorium was put in place by ordinance. There will be no more CBD zoning. This will be the last one providing it is granted. Council Member Chandler commented that there are several problems within the City where businesses are having to use the streets and /or alleyways to accommodate for parking which is what the CBD zoning helped to provide. The Council needs to consider finding a solution to these situations that would help the owners so they can operate their businesses. Mayor Kirk remarked that should the Council want to do something regarding the moratorium, it would be discussed at a later date. 386 VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. a) Public comments and discussion continued. b) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VIII. NEW BUSINESS. A. 1. a) Motion to read by title only and set October 18, 2005 as a final public hearing date for proposed Ordinance No. 916 regarding Rezoning Application No. 05- 010 -R, submitted by Herbert and Rachel Phillips - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 916 by title only. OCTOBER 4, 2005 - REGULAR MEETING - PAGE 4 of 13 Council Member Watford reiterated his concerns regarding this rezoning. He did not think it was appropriate to change the zoning to CBD. He also noted that in the past when alleyways have been used for the ingress /egress for properties that those alleyways were improved by the owner with a use of alley agreement was created. He requested that Staff research whether or not a Use of Alley Agreement would be appropriate for this block. There were no obiections given to this request from the Mayor or other Council Members. Therefore. Staff will need to follow through as instructed. KIRK - YEA MARKHAM - NO WILLIAMS - YEA CHANDLER - YEA WATFORD - No MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:25 P.M. Council Member Williams moved to read by title only and set October 18, 2005 as a final public hearing date for proposed Ordinance No. 916, regarding Rezoning Application No. 05 -010 -R, submitted by Herbert and Rachel Phillips; seconded by Council Member Chandler. KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Attomey Cook read proposed Ordinance No. 916 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY- ONE(RSF- 1)ZONING DISTRICT TO HEAVY COMMERCIAL (CHV)ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. D. 2.. b) Public comments and discussion continued. c) Vote on motion. E. 1. a) Motion to read by title only proposed Ordinance No. 915, regarding Rezoning Application No. 04- 010 -R, submitted by Chris and Gail Newman - City Planning Consultant (Exhibit 7). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 915 by title only. SEPTEMBER 20, 2005- FINAL BUDGET HEARING AND REGULAR MEETING - PAGE 9 OF 14 3 7 7 The Planning Staff and Planning Board are recommending approval based on the following criteria: Planning Staff Report Analysis: (A) As the property is also requesting a change to Multi Family future and use designation, a change to Multi Family zoning would not be contrary to the Comprehensive Plan. (B) Multi - Family residential use is allowed in the requesting RMF zoning district. (C) The proposed zoning and use would not adversely affect the public interest. (D) Multi - Family use, is compatible with adjacent land uses. (E) Changes to Residential Multiple Family (RMF) zoning would not be a deterrent to the development or improvement of adjacent property. (F) Uses can be buffered from the surrounding area. (0) The use will not create a density pattern that would affect public facilities. (H) The RMF zoning would not create infrastructure impacts that are undesirable. (1) There are no unnecessary restrictions on the property other than those set forth in the Comprehensive Plan and the Unified Land Development Code. (J) The proposed change of zoning would not constitute a special privilege. Clerk Gamiotea reported that the fees were waived. There was an oversight on a previous rezoning application and this property was supposed to have been included. This corrects that oversight. The ordinance was advertised appropriately. There were thirteen courtesy letters mailed to surrounding property owners with no response to date. A Future Land Use Map Amendment change to Multi - Family was recently adopted by the Council. Therefore, this rezoning would make both maps compatible. VOTE KIRK - ABSENT CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Williams moved to read by title only, proposed Ordinance No. 915, regarding Rezoning Application No. 04- 414 -R, submitted by Chris and Gail Newman; seconded by Council Member Chandler. VOTE KIRK - ABSENT CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Pro -Tem Watford read proposed Ordinance No. 915 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHV) ZONING DISTRICT TO COMMERCIAL BUSINESS (CBD) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 378 SEPTEMBER 20, 2005 - FINAL BUDGET HEARING AND REGULAR MEETING - PAGE 10 OF 14 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. Intermission Discussion regarding Streets and Alley's in order to give the City Attorney time to attend the meeting. 2: a) Motion to adopt proposed Ordinance No. 915. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING • Mayor. Administrator Whitehall requested a brief recess from the agenda to allow the City Attomey time to arrive. During this intermission he would like to discuss a previous issue regarding Street and Alley Abandonments since all pending applications have now been concluded. Mayor Pro -Tem Watford allowed the discussion intermission. At the August 2, 2005 meeting, the Council instructed City Staff to report back to the Council what purpose the alleyways serve. What role will they play in the future for the City? How do other cities process them? Mr. Whitehall advised that he has requested a geographical map from South Florida Water Management indicating all drainage areas within the City in order to assist staff when looking at how closing a street or alley would jeopardize a particular drainage area. To date he has not been able to obtain the map. Planning Consultant LaRue forwarded preliminary information through the Administrator to the Council several weeks ago. The conclusion of the discussion was that the Administrator should put this matter on the October 4, 2005 agenda in order for Council to make a final decision on the matter. There are other pending matters similar and Mayor Pro -Tem Watford suggested the best method to bring these to a conclusion or resolution would be to put those items on the agenda as well. Council Member Williams moved to adopt proposed Ordinance No. 915; seconded by Council Member Chandler. Mayor Pro -Tem Watford stated, there was quite a bit of discussion at the last meeting regarding this rezoning. There was not a unanimous vote. That may go the same way tonight, with that being the case, a tie vote would cause the motion to be denied. Out of respect to the Mayor, since he voted in favor for it, I suggest we table this until the Mayor can be here. Council Member Markham added that he agreed. He was one that voted no on the motion and he did not think it would pass tonight either. Mayor Pro -Tem Watford verified with Attorney Cook whether it would be appropriate to table the matter. He responded yes, as long as the Clerk advertises it. Council Member Williams moved to table the adoption of proposed Ordinance No. 915; seconded by Council Member Chandler. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. MAYOR PRO -TEM WATFORD CLOSED THE PUBLIC HEARING AT 5:50 P.M. The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763 -3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a j',,L12'.Lu.- ntutoe, in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of sitillr.1,41,12k-a&, J-0 c--5" Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Swoml yn:subscyibe before me this '3 day of A.D. 20 D--5 Notary Public, State of Florida at Large - *. PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council Of the City of Okeechobee, Florida will conduct a PUBLIC HEARING on Tuesday, September 20, 2005 immediately fol- lowing the Final Budget Public Hearing scheduled to begin at 5:01:P..M., at City Hall, 55 SE 3rd Ave., Okeechobee, FL. to Consider final reeding of thefollowing Ordinance into law: NO. 915: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BYREZON- ING A CERTAIN TRACT OF LAN�DR�f�MORE.PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL NESS CBD ZON ZONING DISTRICT, AMENDING THE�ZONINO MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SERVERABILTY AND AN EFFECTIVE DATE. - • The ordinance is regarding Rezoning Apptcatlon No, 04- 010=1. The:applica0on is to change the zoning designation from Heavy Commercial (CHV) to Commercial Business District (CBO) for the entire Block of-Northeast Park Street and 2nd Street Legal descnation being: Lots 1 to 12 of Bleck 153, City of Okeechobee, Plat Book 5, Page 5, Public Records, Okeechobee County, Florida. - Al members of the eublie are encouraged to attend and participate,in seld,hearing. The proposed Ordinance may be Inspected in ifs entiretyby members of the.pub- lic in the Office of the City Clerk during regular business beurs; Mon -Fri, 8am- 4:30pm, except for hoddays. PLEASE TAKE NOTICE AND BE ADVISED that any person desired.to;appealany decision made by the City Council with respect to any matter considered at this hearing, such interested person- will need a record of the proceedings, and for such purpose may need to ensure , a verbatim record of the proceedings, Is made, which .record Includes the testimony and evidence upon which the appeal is ta'be based. City Clerk tapes are for the sole purpose of backup for official records of the Cleric. In accordance with the Americans wtth Dksabidly Act (ADA) and Florida Statutes 286.26, persons with disabilities :needing special accommodation to participate in this proceeding should contacttane Gamiotea no later than two (2) working days prior to the proceeding at 863-763-3372 x215; if hearing or voice impaired, call, TOD 1- 800 -222 -3448 (voice) or 1-888-447-5620 (TTY). Lane Gamiotea, CMC, CITY CLERK 83160 ON 9/9/05 armen R. Brown Commission #DD272118 Expires: Jan 17, 2008 Bonded Thru Atlantic Banding Co., Inc 1 364 SEPTEMBER 7, 2005. REGULAR MEETING - PAGE 9 OF 13 Vitt, NEW BUSINESS CONTINUED. B. 2. b) Discussion continued. c) Vote on motion. (C. t a))Motion to read by title only and set September 20, 2005 as a final — public hearing date for proposed Ordinance No. 915 regarding Rezoning Application No 04- 010R/Newman - City Attorney (Exhibit 6). (*Vote on motion to read by title only and set final public hearing date. c);►City Attorney to read proposed Ordinance No, 915 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 915. (b)Discussion (H) The RMF zoning would not create infrastructure impacts that are undesirable. (I) There are no unnecessary restrictions on the property other than those set forth in the Comprehensive Plan and the Unified Land Development Code. (J) The proposed change of zoning would not constitute a special privilege. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Williams moved to read and set September 20, 2005 as a final public hearing date for proposed Ordinance No. 915 regarding Rezoning Application No. 04-010R/Newman; seconded by Council Member Chandler. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA Williams -YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 915 by title only, as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHV) ZONING DISTRICT TO COMMERCIAL BUSINESS (CBD) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE" Council Member Williams moved to approve the first reading of proposed Ordinance No. 915; seconded by Council Member Chandler, Mr. and Mrs. Chris Newman applied for rezoning (Petition 04- 010 -R), in November 2004. The petition went before the City Council on January 4, 2005 for the final reading in which the motion was denied. The applicants requested a rezoning for Lots 3 through 12 of Block 153, City of Okeechobee Subdivision from Heavy Commercial (CHV) to Commercial Business District (CBD), in order to be relieved of some of the parking regulations required in the City's Land Development Regulations. The CBD Zoning District would give the applicants more flexibility in uses that could be accommodated by allowing alternative parking, and less strict parking and loading standards. The discussion SEPTEMBER 7, 2005 - REGULAR MEETING - PAGE 10 OF 13 VIII. NEW BUSINESS CONTINUED. ) Discussion continued. ote on motion. amongst Council Members at the January meeting was that changing the zoning was not going to make the parking problems disappear for these lots and the existing buildings. At the August 16, 2005 City Council Meeting, this rezoning was presented to the Council again as a litigation case. Attorney Cook remarked that while it is agreed there are pros and cons to each side of this issue, particularly in light of the fact that our Land Planning Expert and the City Zoning Board recommend approval of the request as being consistent with our Comprehensive Plan, it is a sensible solution to the ongoing land use and parking issues that will continue to plague this block providing we do not take action. After a lengthy discussion the Council decided that it would be in the best interest of all involved that this matter be discussed in an Executive Session, but they would proceed with the drafting of the appropriate ordinance and present it for first reading at the September 7, 2005 City Council meeting. On September 6, 2005, a Closed Executive Session was held with only Mayor Kirk, the City Council Members, Attorney Cook and Administrator Whitehall in attendance to discuss this litigation. A court reporter was present to record the session. The transcript will be made part of the public records upon conclusion of the litigation. Council Member Watford noted that he will vote to approve the first reading of the Ordinance, but that he does not approve of the rezoning. Council Member Markham stated that the owners of Lots 1 and 2 have requested to be included in this rezoning as well, in which they were not included in the original rezoning ordinance. Council Member Watford moved to amend Ordinance No. 915 to include Lots 1 and 2; seconded by Council Member Williams. VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - YEA CHANDLER - YEA WATFORD - YEA VOTE ON MOTION AS AMENDED KIRK - YEA MARKHAM - YEA CHANDLER = YEA WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. WILLIAMS - YEA MOTION CARRIED As AMENDED. CITY OF OKEECHOBEE SEPTEMBER 6, 2005 CLOSED EXECUTIVE SESSION MEETING PAGE 1 OF 1 I. CALL TO ORDER - Mayor: September 6, 2005, Regular City Council Meeting, 6:00 p.m. II. MAYOR, COUNCIL AND STAFF ATTENDANCE: Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Attorney John R. Cook City Administrator Brian Whitehall Court Reporter III. DISCUSSION. Okeechobee City Council will meet in Closed Executive Session to discuss pending administrative proceedings concerning Christopher W. and Gail M. Newman (Rezoning 04- 010 -R). IV. ADJOURNMENT - Mayor. Mayor Kirk called the September 6, 2005 Closed Executive Session Meeting to order at 6:00 p.m. Members present were: Present Absent Present Present Present Present Present Present The proposed discussion was confined to settlement negotiation or strategies relating to litigation expenditures concerning pending litigation with Christopher W. and Gail M. Newman (Rezoning 04- 010 -R). Court reporter Debbie Dew of Atlantic Reporting was present to record the session. The transcript is made part of the public record upon conclusion of the litigation. Mayor Kirk adjourned the Closed Executive Session at 6:44 p.m. 346 AUGUST 16, 2005 - REGULAR MEETING - PAGE 11 OF 14 VIII. NEW BUSINESS CONTINUED. D. Consider a request for 20% reduction in parking for the Courthouse Plaza - Loris Asmussen (Exhibit 7). 9aE cO?'{ E. Motion to instruct the City Attorney to draft the appropriate ordinance regarding Newman Rezoning Application No. 04 -010 -R and present it for First Reading at the September 7, 2005 meeting - City Attorney (Exhibit 8). Mr. Loris Asmussen, Engineer of the Courthouse Plaza project was present. The proposed plaza is located at 206 and 210 Northwest 5th Street. Legal description being Lots 7 through 10 of Block 92, City of Okeechobee. The request is for a 20 percent parking reduction for on- site /off- street parking. Administrator Whitehall stated that the Technical Review Committee recommends approval of the site plan, which they reviewed at their July 27, 2005 meeting. Mr. Asmussen informed the Council that twenty parking stalls will be on- site /off- street and five will be off - site /on- street. Council Member Watford requested that Mr. Asmussen coordinate with Public Works Director Robertson regarding the on- street striping of the parking spaces, which will be their responsibility. Council Member Watford moved to grant a 20 percent reduction parking for Courthouse Plaza; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member Chandler moved to instruct the City Attorney to draft the appropriate ordinance regarding Newman Rezoning Application No. 04 -010 -R and present it for First Reading at the September 7, 2005 meeting; seconded by Council Member Williams. Mr. and Mrs. Chris Newman applied for a rezoning (Petition 04- 010 -R), in November 2004. The petition went before the City Council on January 4, 2005 for the final reading in which the motion was denied. The applicants requested a rezoning for Lots 3 through 12 of Block 153, City of Okeechobee Subdivision from Heavy Commercial (CHV) to Commercial Business District (CBD), in order to be relieved of some of the parking regulations required in the City's Land Development Regulations. The CBD Zoning District would give the applicants more flexibility in uses that could be accommodated by allowing alternative parking; and less strict parking and loading standards. The discussion amongst Council Members at the January meeting was that changing the zoning was not going to make the parking problems disappear for these lots and the existing buildings. AUGUST 16, 2005 - REGULAR MEETING • PAGE 12 OF 14 VIII. NEW BUSINESS CONTINUED. E. Motion to instruct the City Attorney to draft the appropriate ordinance regarding Newman Rezoning Application No. 04 -010 -R and present it for First Reading at the September 7, 2005 meeting continued. Attorney Cook reported by memorandum that he, along with the City Administrator, met with the Newman's and their legal counsel on August 9, 2005, regarding the lawsuit and proposed settlement of all issues. The status of the suit is that the appeal of the City Councils decision is pending before the Appellate Panel for the Nineteenth Judicial Circuit, with no date in sight for resolution. f expect the panel will next set oral argument of counsel in Fort Pierce, and decide the matter by Thanksgiving. Should the Newman's lose that state, they are not preluded from filing an independent civil action against the City citing arbitrary denial of their rezoning request, particularly in light of the fact our land planning expert and the City Zoning Board recommended approval of the request as being consistent with our comprehensive plan. Keeping in mind that our present ordinance prohibits expansion of CBD zoning category, except for the Newman application, unless the Council changes the ordinance, this will be the last CBD application we see. Therefore, I am recommending that the Council reconsider the zoning denial from CHV to CBD for the block containing the Newman property, Indiantown Bank, and the Whidden property, excepting out Lots 1 and 2 for the Brown and Hoover residences. Counsel for the Newman's has agreed to abate the lawsuit while this is being considered, and the Newman's have agreed to dismiss the suit as part of settlement of these issues, whether the rezoning is approved. The City would be released from any monetary obligation to pay the Newman's court costs, although we did agree that they would not bear any expense in any re- advertising of the ordinance. While it is agreed there are pros and cons to each side of this issue, I recommend this approval as being consistent with our Comprehensive Plan, and a sensible solution to the ongoing land use and parking issues that will continue to plague this block whether we do not act. After a lengthy discussion the Council decided that it would be in the best interest of all involved that this matter be discussed in an Executive Session, but they would proceed with the drafting of the appropriate ordinance and present it for First Reading at the September 7, 2005 City Council meeting. Council Member Watford moved to amend the on • inal motion to instruct Ci Staff to take the necessa measures and set an Executive Session tentative! on Tuesda Se . tember 6 2005 at 6:00 the Newman litigation; seconded by Council Member Markham. .m to discuss .348 AUGUST 16, 2005 - REGULAR MEETING - PAGE 13 OF 14 VIII. NEW BUSINESS CONTINUED. E. Motion to instruct the City Attorney to draft the appropriate ordinance regarding Newman Rezoning Application No. 04 -010 -R and present it for First Reading at the September 7, 2005 meeting continued. F. Motion to begin foreclosure proceedings as recommended by the Code Enforcement Board on the Browns' property - City Attomey VOTE ON MOTION TO AMEND KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION To AMEND CARRIED. VOTE ON MOTION AS AMENDED KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED As AMENDED. Attorney Cook requested that the Council approve to begin foreclosure proceedings as recommended by the Code Enforcement Board on the Browns' Property located in Dean's Court. The property owner's Joe and Johnny Brown, have been cited for Public Nuisances Chapter 30 Section 30-43, Case No. 04 -025. The property is located at 803 Northwest 12t Street. The citation has been since April 1, 2005 and there is an existing ten dollars per day fine since that time. This property has not been cleaned up as of date. Property owner's Gloria and Mary Brown, have been cited for General Cleaning and Beautification Chapter 30 Section 30 -44, Case No. 04 -026, for vacant property located in the 800 Block of Northwest 12th Street. The citation has been since December 15, 2004 and there is an existing ten dollars per day fine since that time. Mayor Kirk stated that it is an unpleasant situation, but we need to support our Code Enforcement Board. Council MemberWatford moved to begin foreclosure proceedings as recommended by the Code Enforcement Board on the Browns' property Case No. 04-025 and No. 04 -026; seconded by Council Member Williams. City of Okeechobee Office of the City Clerk January 5, 2005 Christopher W. and Gail M. Newman 207 Northeast Park Street Okeechobee, Florida 34972 Dear Mr. and Mrs. Newman, This letter is to officially advise you that the City Council denied your Reioning Petition No. 04- 010 -R, at their January 4, 2005 meeting. A copy of the minutes from the meetings will be forwarded to you as soon as they are completed. Should you require any additional information, please do not hesitate to contact me. Respectfully, 1 ov„,k, Lane Gamiote , CMC City Clerk LG /me cc: Vikki Aaron, agent David M. and Rose M. Conlon Edward Appleton, First Bank of Indiantown John Whidden 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (86,3) 763 -1686 160 JANUARY 4, 2005 - REGULAR MEETING - PAGE 3 OF 12 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 1. a) Motion to read by title only proposed Ordinance No. 877 regarding Rezoning Application No. 04 -010 -R submitted by Chris and Gail Newman - City Planing Consultant (Exhibit 1). b) Vote on motion to read by title only proposed Ordinance No. 877. c) City Attorney to read proposed Ordinance No. 877 by title only. 2. a) Motion to adopt proposed Ordinance No. 877. b) Public comments and discussion. NCIL ACTION DISCUSSI 1': < to-ow) kz" -p` Council Member Watford moved to read by title only, proposed Ordinance No. 877 regarding Rezoning Application No. 04 -010 -R submitted by Chris and Gail Newman; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA MOTION CARRIED. Attomey Cook read proposed Ordinance No. 877 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHV) ZONING DISTRICT TO COMMERCIAL BUSINESS (CBD) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 877; seconded by Council Member Chandler. The applicants are requesting a rezoning for Lots 3 through 12 of Block 153, City of Okeechobee Subdivision from Heavy Commercial (CHV) to Commercial Business District (CBD), in order to be relieved of some of the parking regulations required in the City's Land Development Regulations. The CBD Zoning District would give the applicants more flexibility in uses that could be accommodated by allowing alternative parking; and less strict parking and loading standards. The issue to be decided is whether this specific and area officially belongs within a CBD Zoning District. The Planning Board and Planning Staff are recommending approval based on the following criteria: Planning Staff Report Analysis: (1) The existing uses have already met the Comprehensive Plan requirements. The applicants are not presently proposing to change any of the existing uses already on the property. The CBD is certainly consistent with the Comprehensive Plan as long as the CBD characteristics are present at this site. (2) The applicants' request to rezone the property to the CBD Zoning District is appropriate under the Land Development Regulations. The existing uses are also allowed under this Zoning District and proposed uses would be allowed also. VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. JANUARY 4, 2005 - REGULAR MEETING - PAGE 4 OF 12 161 CUSSION - V' (3) The applicants' request should not have an adverse effect on the public interest. Traffic impacts will be minimal as long as adequate parking is available when people are conducting business at the commercial center. (4) The CBD Zoning is appropriate for this location. The current businesses have already been considered compatible with adjacent land uses. These uses are not detrimental to urbanizing land use pattems. Ingress and egress to the subject property will remain the same. To lessen parking for the area, the applicant will still have the burden of showing how street parking or other parking altematives can lessen the normal off - street parking requirements. (5) The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. (6) The existing and proposed uses pose no impacts on the surrounding uses. Staff sees no need to impose buffering requirements upon the applicants as the adjacent property also shares the same CBD Zoning District. (7) The impact of the proposed district will not create a density pattem that would overburden public facilities. (8) Staff does not anticipate any traffic, flooding, or drainage problems with the proposed zoning district. It still is the burden of the applicant to demonstrate why parking requirements should be lessened for this location. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. In fact, the CBD Zoning District will be granting more flexibility to the applicants. (10) No special privileges will be granted to the applicants that are not already allowed under the Land Development Code's regulations. Mayor Kirk asked whether there were any comments or questions from the public in regards to this item. Mr. Bruce Parrish, Attorney for the applicant addressed the Council stating the application was approved by your Planner, Mr. LaRue. You have an approval recommendation from the Planning Board. Basically the only problem is with parking. Under the Heavy Commercial zoning that exists, a 20 percent reduction in parking can be allowed, if Council determines to approve it. Under the CBD zoning, the parking can be reduced by 80 percent. He then gave various numbers of required parking spaces, what they would be with reduction, providing evidence that the existing buildings cannot meet parking requirements without reductions. Therefore, the purpose of changing the zoning is to try to correct a problem that is within the entire block. Stating further, that CBD zoning exists (only on the front side of State Road 70 East) one block to the West (CVS Pharmacy) and two blocks to the South (Visiting Nurses Association building). In closing he added that the change would increase the property in value, this property is an investment for the Newman's. We do not think what we are asking for is anything new, and this was nothing that the Newman's caused. In response to Attorney Parrish's last statement, Council Member Watford offered that, in essence, it was partly caused by the property owner since the Newman's applied for and obtained a front setback variance (from 20 feet to four feet) in order to save an old oak tree. 162 JANUARY 4, 2005 - REGULAR MEETING • PAGE 5 OF 12 OUNCIL°:ACTION 'DISCUSSIO VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. The off - street parking was to be in the rear of the building. Attorney Parrish responded that he was not aware of the variance that was granted. Council Member Wafford asked for clarification, to Attomey Cook, whether the reduction in parking that was granted to a previous tenant of the Newman's would automatically be granted to a new tenant as long as the type of business was the same? Attorney Cook responded no, any new tenant, regardless of the type of business, will have to come before the City Council requesting the parking reduction should they not be able to meet the parking requirements. Co- applicant and property owner, David Conlon, addressed the Council encouraging them to approve the ordinance. His property, fronts State Road 70 East, is the only vacant lot. He stated that the purpose for the rezoning, in his opinion, goes beyond the parking problems. Without changing the zoning to CBD it will be difficult to build and make it look correct. He listed examples of locations, descriptions and the perks as to why CBD would also be suitable for this block, in closing he offered that this is a unique piece of property. City Planning Consultant, Jim LaRue, presented research requested in order to give the history, basic purpose and intent of the CBD. According to the 1978 (orange) zoning book the initial intent of the Commercial Central Business District is a special district designed to meet the needs of the central area of the City. Permitted or permissible uses are generally those of the Commercial District, excepting those that are not in keeping with the character of the CBD District. Other differences are in yard and certain other requirements. It is intended to use the CBD District to maintain a compact, viable, and pleasing central business area, to encourage development and redevelopment for business purposes and to maintain the area as the center of the City's shopping, service, governmental and economic life. The City's Comprehensive Plan backs up the idea of a 80 percent reduction in one particular area, but does not specifically list what that area is or where it is. Southwest Park Street clearly shows a downtown CBD District, it is hard to determine whether or not the City forefathers intended for it to expand. At some point the CBD boundaries need to be established, however, as of now, it is not clear where that area is. Mr. LaRue offered that from a planning standpoint he would not recommend the City approve any additional rezonings to CBD any further East than this block. Council Member Wafford then asked what the expected time frame was for the review of regulations to offer flexibility to Residential structures that are being redeveloped to Commercial? Mr. LaRue responded Spring of this year. Mr. Watford then asked, the City Planning Staffs recommendation along with the Planning Board's recommendation is strictly advisory only, the Council is not bound to uphold the recommendation, but can disagree with the recommendation? Attomey Cook answered that was correct, but cautioned that any decision made must be compatible with the Comprehensive Plan. JANUARY 4, 2005 - REGULAR MEETING - PAGE 6 OF 12 16 3 AGENDA. COUNCIL ACTION DISCUSSION - VOTE VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. Council Member Watford then asked, for clarification, just because the Land Use designation is Commercial does not automatically mean that the property can be zoned CBD? Mr. LaRue responded that was correct. Co- Applicant and property owner, John Whidden, Big Gator Pawn, briefly addressed the Council stating that his building is on the corner of North Park Street (SR 70) and Northeast 3ro Avenue. The building, along with others that front State Road 70 were built similar to the other CBD District buildings, before the existing Land Development Regulations were adopted, and that since the block is the same design he encouraged the Council to approve the rezoning. Council Member Markham added, should the zoning remain CHV or be changed to CBD, it does not create any additional parking spaces for anyone. The parking problem will still exist. He then asked whether or not any of the existing buildings could expand in size, should be it rezoned, since the maximum impervious is greater for CBD? Attorney Cook responded, they would still have to comply with all sections of the code, and obtain a variance for any further expansions, or reductions of parking requests, which is not an automatic approval just because it is requested. Mayor Kirk, Council Members Watford and Markham stated their concerns with expanding the CBD District and commenting that this is a hard decision. Council Member Watford especially listed his number one problem with the rezoning is he was of the opinion the CBD is for historical buildings. "Everyone realizes the problems that are in existence for the CBD area. Rules and regulations change throughout the years, but we do not need to create more problems for the future by expanding the area. Looking back, we see that we should not have allowed the variance for the newer Newman building. Now they need a change in zoning to correct something that was done at the request of the applicant, that bothers me. Expanding the CBD bothers me." We have to make the decision based on what is best for the City as a whole, "approving this, I do not think it will help the City, it will only be helping the applicant. We have helped this applicant and now we have to say this is the best we can do." Mayor Kirk added, "I know, as a Council we try to help our businesses, our records speaks for itself. We have held a lot of peoples feet to the fire, (regarding that they meet regulations). I am nervous about this, and I cannot see that it is good for the City. It is not our intention to do battle with the business community, but to use foresight to what the future is going to bring. I agree (with Watford) we have to draw the line for the CBD, and I do not know where that line should be either. It bothers me that 80 percent of the parking requirements could be waived. 164 JANUARY 4, 2005 - REGULAR MEETING - PAGE 7 OF 12 AGENDJ COUNCIL-ACTION- DISCUSSION - VOTE VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. Discussion ensued, the majority of the Council agreed that changing the zoning was not going to make the parking problems disappear for these lots and existing buildings. It could make the situation worse. There are two residential uses within this block that are very old homes (over fifty years). Council briefly discussed what would happen when they are sold being that they are considered non - conforming uses. Attorney Cook commented that the Council will also be considering, later in the meeting, a proposed ordinance that prevents any additional applications for zoning changes to CBD. Basically, what is zoned CBD now, is all that will ever be zoned CBD, if adopted. Council Members Chandler and Williams added their comments, several buildings are already non - usable due to not being able to meet various requirements. Council Member Chandler stated, "I cannot see doing this to people, even if you reduce parking space requirements, people will still go to the businesses, we cannot control parking, the change in zoning may help, if not, we may have to change some of the rules to keep businesses from going out. We ought to help them some how, even though we have helped them out before." Council Member C. Williams expressed, "this is my last official item on this City Council. I have some reservations about it." He then explained about a visit to his daughter who lives out of town and they went to a small downtown area, which was basically shut down except for the restaurant they were going to, we had to walk three blocks to get a parking space. ".... with the way our town is laid out some of these things are just going to happen and you are going to have to fight for a parking spot. We cannot have all off - street parking, it is just the way it has evolved, and we are going to have to go with it." For the record, Mayor Kirk, Council Members Chandler, Markham, Watford and C. Williams disclosed that they discussed the application with the applicants prior to the meeting. VOTE KIRK - No CHANDLER - YEA MARKHAM - No WATFORD - No C. WILLIAMS - YEA MOTION DENIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 7:04 P.M. INTER OFFICE MEMORAND M TO: FROM: Lane Gamiotea, City Clerk SUBJECT: Mayor, City Council Members, Administrator Veach and Attorney Cook Research Request - Central Business District Rezonings and any items on the Newman Parcel located on Lots 3-6 of Block 153, City of Okeechobee Subdivision DATE: January 4, 2005 As requested, please note the following research: 1. Locations of rezoning changed TO CBD since 1978: ® Unplatted parcel directly behind Morgans Furniture. Front parcel was already CBD, back parcel was rezoned from Industrial to CBD. © Lot 1 of Block 171 Visiting Nurses Association was rezoned from RMF to CBD. 2. Locations of rezoning changed FROM CBD since 1978: OO Lots 7 -12 of Block 168 Palmdale Oil Company rezoned to Heavy Commercial. © Lots 8 -12 of Block 170 Parrot Avenue Church and Fellowship Hall (now Sybil's Flowers) rezoned to Light Commercial. 3. May 1, 1998 Board of Adjustments approved a variance request for the Newman Building for a reduction of the front set back from 20 feet to 4 feet. 4. April 1, 2003 City Council approved a 20 percent parking requirement reduction for Perrine Cuisine, a restaurant wanting to locate within the Newman Building. The City Council also instructed Staff to investigate the residential parking concerns and to post 'Resident Parking Only' signs as necessary. Should you need anything further please do not hesitate to contact me. Thank You. LARUE PLANNING & MANAGEMENT SERVICES, INC. 1375 Jackson Street, Suite 206 Fort Myers, FL 33901 239-334-3366 • FAX: 239- 334 -6384 E -Mail: larue- planningC87att.net FAX TRANSMISSION To Bill Veach, Lane Gamiotea, & Date: 12/23/2004 Katrina Cook Fax No. Auto Dial Pages: 14, including this cover sheet From: James G. LaRue Subject: CBI) Zoning District Interpretation COMMENTS: Please see attached. This will be used at the December 28th meeting. Call me if you have any questions or comments. 335 P02 DEC 23 '04 13:28 LARUE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 239 - 334-3366 • FAX: 239- 334 -6384 e-mail: larue - planning ®att,net Memo 'lb: City �M , Council Members and LPA From: James G , AICP Date: December 23, 2004 Subject: Central Business District (CBD) In researching the history of the CBD, the City forefathers hinted at their intentions in an older version of the Okeechobee Code. `Their intent was specific in terms of what the CDB Zoning District was to accomplish, however, geographic specifications cannot be speculated upon at this time from written ordinances, et cetera. Even so, this is the only written evidence of what the writers intended: Intent The C -CBD, Central Business District, Commercial, is a special district designed to meet the needs of the central area of the City. Permitted or permissible uses are generally those of the C district, excepting those that are not in keeping with the character of the C- CBD district. Other differences are in yard and certain other requirements. It is intended to use the C C8D district to maintain a compact, viable, and pleasing central business area, to encourage development and redevelopment for business purposes, and to maintain the area as the center of the City fr shopping service, governmental and economic life. In reading this, it is my interpretation that when this Zoning District was created, it was intended that the CBD would be used for the `central area of the City of Okeechobee, which to me would mean the Downtown Okeechobee area. When the original Comprehensive Plan (1992) is examined it contemplates the possibility of 85% lot coverage in some commercial areas, this coincidentally is found only in the CBD Zoning District. It also seems logical that m creating this District the City forefathers did foresee the possibility of the district expanding outside the "boundaries" of the then Downtown area but there does not appear to be written evidence of that assumption. As such, with our City ever - changing it would not be unreasonable for us to believe that this District ever not expand or have to remain geographically static. Again, these may be a historical purpose that is opposed to this logic, but I am not aware of such evidence. Secondly, we should also consider whether parking in the CBD District is so lax that it becomes an incentive for business owners to not meet the parking standards set forth in the Land Development Code. We should determine how feasible it would be for us to consider limiting the CBD perking to existing buildings over a certain age versus all commercial development. It is my opinion that in order for the CBD to be beneficial to both the City and business owners we need to address this issue as soon as possible. The above topics will be our focus of conversation at the December 28s' meeting. JGL :Ik 1 OICEF.CEOUZE CODE C- CBD- CENTRAL BUSINESS DI'.TRICr COMMERCIAL Intent: The C-CBD, Central B.siness IJistrict, Commercial, is a special district designed to meet the Deeds of the central area of the City. Permitted or permissible use are generally those of the C district, excepting those that are not in keeping with the character of the C-CBD district. Other differences are in yard and certain other requirements. It is intended to use the C-CBD district to maintain a compact, viable, and pleas- ing central business area, tc encourage development and rr- development for business purposes, and to :maintain the area as the center of the City's shopping, service. governmental. and economic life. Permitted Principal Mee and Structures: 1. Items 1, 2, 3, 4, 5, 6, 7, 8, 10, 13, 14, and 15 under C, Permitted Uses. Su. pp `, (;jpi8 2. City or County governmental buildings and activities, not otherwise districted u GU. 3. items 4 & b, RSF, Permitted Uses. Sea PiSUO-S1 4. Item 2, RSF. Special Exceptions. &U. PC3 19- 5. Private cubs and lodges, Permitted Afieeshory Lira and Structures: its for C. t tit, t UUpip+ Prohibited Uses and Strictures: As for C. ..1 tsplgP Sperm Exceptioone: Permissible by board of adjustment after ;,unite notice and bearing and subject to sppropriste conditions and saftgusrds (ate Section 13.3) : Nome. 1668 iPtPFMt —ZONING ORDINANCE Niintaroas tot Regssirementas (Arts and Width) : As for C. s,;;,tk, P06 lit Maximum Lot Coverage by All Buildings: As for C. ZAt. P06 1446 Minimum Yard Requirements (Depth of Fruit & Rear Taxis; Width of Sink Yards): Commercial, service, or office activities: Front: None. Side: Must be none, or else 8 ft. except. where C-CBD lot abuts land zoned reaideat :al, with or without intervening street or alley. then 10 ft. side yard must be provided on C-CBD lot. Rear: None, except where C-CBD lot abuts laird zoned residential, with or without an intervening street or alley, then 10 ft. rear yarn must be provided on C-CBD lot. Other permitted or permissible uses: As for C. Maaimuts Height of Strocturea: No portion shall exceed 45 ft. Limitatior.s an Signs: (see 4.:4o noinion Le) No signs intended to be read from off the pretx: :sea except: As for G. except rnaxin ..am area of n:gnage shalt not exceed 250 sq. ft. and no activity she display more than 2 signs. bliitizstas Offstreet Puking Requirements: (See also Section 7.13: for offatreet loading require- ments see Section 3.13, m—p) As for C. Slow. Km. 1669 OHEECKODEE CODE subdivision property wine wider development to ad- vertise the sale of iota, provided suck signs shall be removed when 70% of the individual mobile home sub- division lots have been sold. 4. For other permitted or peramiseibie in mobile home perks signs as specified for the use concerned else. where in these regulations. Minima* Offatreet Parking Requirements: Mobs* home park: See Section 9.9(k). ldobile home subdivision: 2 spaces to be located on each mobile home Io4. In addition, for other uses, Mistreat parking requirements shall be as for the use specified elsewhere in this ordinance. C.CXIMMERCIAL DISTRICT$, faint: These districts are intended primarily for commercial ac- tivity. Retail sates and service establishments are found in this district as permitted uses, with wholesale and warehouse activity permissible as special exceptions. Resideatial uses are discouraged, for the district is not residential in character. Very limited residential uses are permitted or permissible by special exception. It is not the intent of this district that it be uaed for axiom :on or encouragement of strip commercial ac:iv..y, out the district is app:ied where there are existing patterns of strip commerial activity as of the dale o. adoi ties of this zoning ordinance. Pesasilted Primelpal Uses and Structures: Ci) Establishments for the sale of goods at retail, but no manufacturing establishment except as specifically permitted or permissible. 0 Service establishments, such as barber or beauty shop, restaurant or drive -in restaurant, funeral borne or mor- 1692 .Fr.91:441iUt A.—ZONING OBDUNANCE i,us;y, letter ahopa or I.rinting, automotive service sts- tion or tuck stop, repair or service garage, motor vehicle tody shop, renal of automotive vehicles or tram's, bar or avers for on- premises consumption of alcoholic beverages, auction house or pawnshop, veter- inarian, dance or music studio, and similar activities. 0 Hotels and motels. aBanks and financial institution: professional and bua'i- neas offices. IS Commercial recreation facilities in completely enclosed buildings such as motion picture theater, billiard par- lor, bowling alley, skating rink, night club. 6y Vocational, trade, or business schools. 1J Telephone exchange and business offices, motor bits terminal, commercial parking lots and parking garages. 6) Employment offices; union. bal'i. 9. Palmists, satrologista, psychics, dairvoyacta, or phren- ologists. i, Off -site advertising signs (See Section 10.6) . 11. Temporary revival and gospel establishments, 12. Commercial and non - commercial marina, mks, piers„ etc., Including removal of boat from ester for repair 4W repair o:: titers, Bakeries, bar; i.ot for ;:roiLct.on of goods not to be sold on premises. Laundries, dry cleaning and laundry agencies, and dry cleaning plants, provided only non - flammable solvents are used and steam and odor is not detectable to normal series from off the premises. Residential use existing at date of adoption of this ordinance. 16. Items 2, 3, 4, & 5, RSF, Permitted Uses. 1663 ace 4- OKEECHOBEE C-ODE 17. Items 2 & b, RSF, Special Exceptions. 18. items 1 & 7, RG, Specie: Exceptions. Permitted Accessory Uses tad ; 1. Are customarily accessory end clearly incidental sad aubordin e to permitted or permissible uses and struc- ture. 2. Are located on the acme lot as the permitted or per - missible use or structure, or on a contigimus lot in the same ownership. 3. Do not involve operations or structures not in keeping with the character of the district. On the some premise& and in connection with permitted or permissible principal uses and structures, dwelling units only for occupancy by owners or employees. ibtted wen and Bteuctons Any use or structure nek specifically, provisionally, or by reasonable implication permitted herein. Special Exception*: Permissible by board of adjustment after public notice and bearing and safeguards (see section 13.3) : 7. '.V olesa:e, warehouse, or storage activity, but not in- cluding bulk storage of flammable !:glide. 2. Building trades contractor with storage yard for equip- ment and materials on premises. 3. Crematory. 4. Radio or television traesmitter; cable television recep- tion and operational facilities. 5. Outdoor rerreetioml activities sack as miniature golf course, section picture theater, archery range. poly ride, Lairs, and carnivals. 1664 4F"PE iD X )— ZO1iINC ORDINANCE G. Multiple fami :y ciw%u"ings, provided mtnimam lot area hall be at least 40,000 sq. ft. and all other require- ments as for lRG aha. be met. 7. Item 5, RSF, Special Exceptiore. ]Minimum Lot Requirements (Area and Width): None, except as needed to meet all other requirements net out herein. Maaianom Lot Coverage by All Buildings: Unrestricted, except as needed to met all other require- ments set out herein Mininawn Yard Repiriententa (Depth of Prent & Rear Yards: Width of Side Yards) : Commercial, service, warehouse, or cffice activities: Front: 20 ft. Side: Must be none or the 8 ft., except where C lot abuts land residertiai, with or without an inter- vening greet or alley, then 20 ft. side yard moat be provided on C lot. Rear. 10 ft., except where C bt abuts land named resi- dential, with or without an intervenitg street or alley, then 20 ft. rear yard mast be provided on C lot. Maximum Height of Structures: No portion shall e.xcee i 45 ft. Limitations on Signs: (See also Section 10) N. signs :nte:nded to he read from off the premises except: 1. illuminated or non - illuminated wan, ground, pylon, canopy, marquee, or projecting Wins to advertise serv- ices or sales of products on the premises. 1665 Ow. 23 03027.01022.E WD>c SM t1ON ZA SEPARABILITY CLAMS Should any section or provision of this Ioniser be dedased by a court of competent jurisdiction to be constitutional or invalid, such (Swinton shall .. affect tits: validity of this awing ordinance as s w or say tart: thereof other than the part so declared to be . tnttassal or invalid. SECTION 24. EFFECTIVE Z'8 This aiming ordinance shun take in the office of the Secretary of PASSED AND ADOPIED by the of Okeechobee, Florida at is day of August, 1978. ATTEST !s1 Sylvia Christian Acting Ot7 City of Florida APPROVED 116E THIS f h day of August, 197£x, 1a/ tiff upon being f of Flak's. ty Council of the City Meeting held the eth Russel V. Delmer President City Camdi City of Okeechobee, Florida Audlty Dunham Mayor City of Okeechobee, Florida Pi. :t4DrX )— ZONINC ORDINANCE SCHEDULE OF DISSTI ICr REGULATIONS RSF—RESIDENTIAL SINGLE FAMILY DISTRICTS West: These districts are intended to provide for detached single family residential uses. Certain structures and uses designed to servo governmental, educational, religious, non - commercial iecreatienal, and other immediate needs of such areas are permitted or are persaisaible as special exceptions, subject to requirements necessary to preserve and protect their single family residential character. Permitted Principal uses and Structures: 1. Single family detached dwellings. Z. Public and private elementary, junior highs, and high schools offering conventional academic curriculums. 3. Public parks, ploygrounds, playiudds, and City or County buildings in keeping with the character +sad requirements of the district; public libraries. eExisting rrdiroad right -of- -way, but not including switching, freight, or storage yards, buildings, ar maintenance structurea. Houses of worship, provided parcel si;.e hail rte; oa hem than o arses. Fecsoitt d Aece se r, Uses and Structures: Uses and structures which: 1. Ara customarily acioessory and dearly incidental and subordinate to permitted cues and strutturerz_ Z. Do not involve the conduct of business (except boars oocvpatiooa) on the premises. 1451 f OKEECHOBEE CODE 3. Are located on the same lot as the permitted or per- missible principal uses or structure. or on a contiguous lot in the same ownership. 4. Are not of a nature to sttract visitors in larger UMW hers than would normally be expected in a single family residential neighborhood. 5. Do not involve operations or structures not in ;seeping with the character of single family residential de- velopment. Non - commercial plant nurseries and green houses, gardens, servant's quarters, private garages and carports (attached and rot projecting beyond front of principal structure), too: houses and garden shads, garden work center., children's play areas and play equipment, private beroecue pits, patios. pri- vate swin hung pasts, docks and wharves, and the bloc art permitted as accessory uses in these districts. Prohibited Uses seed Structures: Any use or structure not specifically, provisional', or by reasonable implication permitted herein or permissible by special exception. Special Exceptions: Permissible by board of adjustment after public notice and kearing and subject to appropria :e conditions and safeguards (sec Section 13.3); 1. Golf eouraa and country club (not including miniature golf comae or separate practice driving range) provided lot comyrises at least 90 acres of land for a 9 bole course and 150 saves for an 18 hole couuse and that any required panting area is located at *set 100 ft, and any building is located at least 300 !t. from any other residentially sorted property. 0 `�-'' Public utility building sad facilities except those in- cluded under Section 7.9 necessary to serve surround - 1652 APPEN NX A 2ONINC ORDfl A`CE ir.g neighborhoods (no: irclaidr g service it storage yards). Suz?: lain: lee shall h designed, sited, and landscaped to preserve compatibility with a single family neighborhood. 3. Private neigi~bof'ood or q wruu iity (nor. - public) roc- nation faeil:tti, !nclud :rg tennis or racquet club, No automotive parking shall be located wi.hi: SO ft. of any other property in separate ownership. No building shall be located within 103 ft. of any other property in separate ownership. Outdoor lighted recreation facili- ties eha;I not be used alter 10 p.m. 4. Rome occupation (see Section 22.47). 5. House of worship with lets than 5 acres lot size. 6. Guest house or garage apartment, pmrided tot area shall not be less than 12,500 sq. ft. for detached single family dwelling and one guest house or one garage apartment. 7. Offatreet parking and for access for or to property zoned commercial and on which commercial activity is conducted. Minimum Lot Requiremenda (Area and Width): Single Family Dwetrg: #i.LC:4: 5 -.t. Area: 1.:, ,tar; sq. ft. Other ?erm:t.ed or Permissible Use and S recu:res:N one, except se needed to meet all other requirements herein set oat. MAXIMUM Lot Coverage by All Buildings: .} Single Family Dweiling: 30% Other permitted or permissible use and structures : 25 1653 305 P08 DEC 23 '04 33:33 S �ORDINANCE RAS NM SON l�nr�n TO THE CO PLEASE REFER ORDINANCE NO. Alt_ TO LANINIA GE IN 'ERIE ORD 1tS 'CHB son nem & coma r. AN ORDINANCE OF THE CITY OF OKEECHOBER, FLORIDA AMENDING ORDINANCE NO. 711, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTIONS, 452 MODIFICATION OF PARKING AND LOADING SPACE REQUIREMENTS, SECTION 454 REDUCTION OF PARKING SPACE REQUIREMENTS IN COMMERCIAL DISTRICTS AND SECTION 474 OFF.STREET PARKING SPACE REGULATIONS INSTITUTIONAL USES; PROVIDING FOR INCLUSION OF PUBLIC USE REGULATIONS; PROVIDING FOR OFF-STREET VARIANCES; PROVIDING FOR AN EFFECTIVE DATE. % NeneeAs, the City Councilor the City of Okeechobee, Florida has adopted Ordinance Number 716 known as the Land Development Regulations, and included requirements for parking end loading; and for off-street parking, in various zoning or use districts within the City; and Wnettaas, upon review of same, the City of Okeechobee, through staff analysis, has determined that public use or public facility future land use districts should be specifically addressed within these regulations; and WNgRaA3, the City of Okeechobee has determined that setting forth specific parking and off - site requirements for pubic uses ere in the best interests of the City of Okeechobee, and an appropriate and necessary promulgation of its authority; Now TtiutaFoNa, be it ordained by the City Council of the City of Okeechobee, Florida that: SactioN 1. Sections 452, 464 and 474 of Ordinance No. 716 be amended as follows: 90 --483 NEE MODIFICATION OF PARKING AND LOADING SPACE REQUIREMENTS 1 The number of spaces may be increased, decreased, or deferred by the City Council when: a A parking study demonstrates that the proposed use would have a demand in excess or, or less than, the requirements of these Regulations. b Aparking study demonstrates that the hours of need for maximum parking for two or more joint uses do not normally overlap. c A building Is in an historic district or is of historic interest. d A building in lif the Commercial Central Business Districts f P „143&Zpninn Ceteuories. !terns 2 through 5 in Section 452 remain the same. 90-485 Ira REDUCTION FOR PARKING SPACE REQUIREMENTS IN COMMERCIAL DISTRICTS ti {a) X in Commercial, Central Business. and Pubic Use zoning districts, City Council may reduce the number of paddng spaces if the Technical Review Committee finds that there is a surplus of on•street parking in the immediate vicinity of the proposed uss that is not required by other uses, or that the _applicant hes oroyided sufficient elf- strejt aa7kina bx l It: 4t. ItS1 =jI I 1' ti . , • - f. askaattudslactigludimantialtamagosthaz Language b bs added Is ingdosig Language q ba dstetad fs eiraofrtivego Paps 1 of 3 (b) (e) g JL.�J f'l`JJ uc� cJ Loll t - • J-1 City Council may require the applicant to provide a parking study, fI and may attach conditions to an approved Or aitemath parking space reduction. In the CSO the number of parking spaces shalt not be reduced by more than 60 percent It ' ix.- • i +,t'.'i • r. il•• I •.t .1 t .. 2,0 • in other Commercial &R ling districts the number of perking spaces shall not be reduced by more than 20 percent fcsajtatabraiagituiratin got" regulation. In Purblig Us, t ■t_• r • : t ,t •.: of r.. 1• : �: r ;ga by mo,,;_,tjaan50 cement from that etertdag recyired in gale Mutations- S0-513(4) U INSTITUTIONAL USES (OFF4TRREr PARKING SPACE REGULATION% Government ace, Courthouse or stgatinakluilb P7aae of pudic sasembly or worship i Nursing Name Junior High School Senior HO School College Day Can, Pre School, Nursery 1 per lee gig square test of graj floor am 1 per 3 persona in mein auditorium 1 per bed 1 per 4 beds, plus 1 for each employee et max shift 3 per classroom 1 per 6 students, plus 1 space per staff manna r 1 per 3 students, plus 1 space per staff member 1 per 5 etudente, plus 1 *pica por staff member in lieu of student policing, day care, preschool and nurseries rney provide an off - atre* drop off and pick up area. Dark n f yRIJIILt't4l afrc..e co h, a *math r a bt r facilities shell • • tla,.., • • ; . - 1'11 I " . • - 1 . Ak,• 1 • it ! t • n • • t • U ,l - • - rrtaC senriee. nritxn- klbbv and storage *aces, The algae used of cave by l U 't • , 1iI1 •, z• 'all • 3 • ; 3 : • • .1 't!' r ' ,5 • , • i 0 • • aisctitgitgaijaramattigstieniFougamazionjaaliagerirtatuals cartdlact the regular t oginass of ttxiE facility SECTtoN 2, CowuCi Al ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. S61V5RAt ULITY if any provision or portion of this ordinance le declared by any court of competent jurisdiction to be void. unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain In full force and effect, SsCYR)N 5. EFP50 flvi DAM This Ordinance shell take effect Immediately upon its passage. Language to be added Is jugging Lsnquapa to be deleted b eireelellwoogil Pape 2 of 3 INTRODUCED for first reading and set for final public hearing on this f • ,,ti • AT I:EST:�:., • Lane • , a Clerk • 241•,t.f.1.•: JCJJ 1 l CJ Edwina Lt«•« CJ ••t J J • .JJ Amos E. Kirk, Mayas PASSED AND ADOPTED after Second and Final Public Hearing this 1 day of rotation • r I an Garn ea,• f Clerk REVIEWED FOR LEt3A SUFFICIENCY: John R. Cook, City Attorney Language to be added is Wedged Lammas to be dallied is siniskilwetraa Page 3 of a APPENDIX D J,JJ r l l L) L L.J X14 1-)'.:83 CENTRAL BUSINESS DISTRICT BUILDING DESIGN GUIDELINES* *Editor's note - Printed herein is the central business district building design guideline, as adopted by Resolution Number 9842 on October 8. 1998, Amendments to the resolution are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged front the original revolution. Obvious misspelling and punctuation errors have been corrected without notation. Tor stylistic purposes, headings and catchiiass have been made uniform and the same system of capitalisation, citation to state statutes, and expression of numbers in text as appears in the Code of Ordinances has been used. Additions made for clarity are indicated by brackets. Cross reference— Businesses, ch. 14. CDD:1 305 P12 DE': 23 ' 04 13: 36 '1100' APPENDIX lign- APPENDIX D—CBD BUILDING DESIGN GUIDELINES RESOLUTION NO. 9842 These building design guidelines provide infor- mation to assist the building designer to integrate public and commercial buildings within the urban landscape. They are intended to encourage creation of a high quality environment for business, work and shopping areas, and alert architects, engineers, and developers to features that should be given careful consideration during project development. 'The building design guidelines contain no man- datory requirements. 1. Overall building design. a. Buildings should have a strong uni- fied architectural image, and all sides of buildings, signs, fences, landscap- ing, lighting, walks„ and other amen- ities should be detailed consistently. b. Building forma should be appropri- ate for the south central Florida cli- mate, incorporating overhangs for shading, and provision for natural building ventilation and air move- ment. c. Projects should be planned and de- signed to be compatible with adja- cent well - designed buildings and ur- ban landscape. d. Where a historical architectural style is used, it should be consistent in detailing and materials. e, There should be an honest eapres- siotr in construction and design, achieved through proper use of build - ing forms, quality materials, and ju- dicious use of color and textures. 2. Building massing and relationships. a. Buildings should be related to hu- man scale and should not be planned as one large unarticulated mass. b. Building forms and elements should be related to corresponding elements an adjacent buildings. Major horizon- tal features, windows, floor and roof levels, arcades, and canopies should recognize adjacent building align- CDD:3 meats. The rhythm of major vertical elements, column bays, and win- dows in fine eristiing buildings should be echoed in new buildings. c. Covered arcades, canopies, and exte- rior courts should be incorporated to improve livability in the Florida cli- mate, to reduce Apparent building mass, and to add interest. 3. External building materials. a. Building commotion materials. Con- struction materials should be of-last- ing quality, properly used, installed and maintained. Facing brick and stone (each of fairly uniform color), textured concrete, terra cotta, and stucco on masonry are acceptable primary building materials for pub- lic and commercial structures. Fake, imitation and nondurable materials should not be used. Canvas canopies and awnings may be used provided they are properly maintained and replaced before they deteriorate. b. Wall treatment, Window and door unites should be well scaled quality fixtures; bronze, anodized alumi- num, and hardwood units are recom- mended. Extensive areas of reflec- tive glass window wall, vinyl, plastic. metal and wood siding, and jalousie windows should be avoided, c. Roof treatment. Low pitched sloping roofs with day tiles are recommended where appropriate to the building use. Flat roofs may be used, pro- vided all mechanical equipment is concealed from public: view. d. Paving treatment, Modular paving materials ars recommended over monolithic surfaces for pedestrian areas, Paving modules should be de- signed to accommodate lighting units, mating, trash receptacles, trees, planters, drains and similar items. Textured and colored paving sur faces such as day brick pavers, (not facing bricks) are recommended OK ECFtOB E Cone rather than smooth and grey fin- ishes. Paving materials on private property may vary from, but should complement, adjacent public and pri- vate walkways in pattern and tex- ture. Pedestrian paving materials and patterns should be used to identify crosswalks in parking lots. e. Color and texture. Overall building colors schemes should be corapatible with adjacent quality buildings. Light and pastel colors should predomi- nate, darker accent colors may be used to add definition and interest around elements such as door and window openingp. Where feasible, tex- ture and color should be an integral part of the building material. Strongly textured permanent materials and decorative clay product are recom- mended. Polished stainless steel, re- flective mirror glass and similar glare producing materials should not be used e:ctensively. Highly contrasting patterned color schemes in black and white or red and white, (for example, schemes reminiscent or motor speed- way tracks), should be avoided as they are a visual disruption in the urban landscape. 4. Pedestrian circulation features and amen- ities. a Pedestrian circulation should be bar- rier free and ramps are to be pro- vided for the handicapped, in accord with Florida regulations. Pedestrian circulation should be planned and integrated in design with adjacent projects. b. Commercial building, first floor level facades should be attractive and pro- vide visual interest, with shop win- dows, display units, entrances, and public amenities. Large areas ofblank walls are to be avoided No more than 80 percent of the first floor building elevation adjacent to a pub- lic walkway should be solid wall. CD114 c Pockets of deatd apace along shop- ping streets are to be avoided. Where exterior courts or major building fa- cade setbacks occur, entrances should be provided. d. Arcades, canopies and awnings should be provided along pedestrian walks for sun and rain protection. They should be at least eight feet wide, with a clear head soave of aurae feet. They should be permanent design elements, but may have movable and replaceable components. e. Public amenities such as fixed seat- ing in shaded areas, trash recepta- cles, drinking fountains, xeriscape drought tolerant landscaping, light - ing units, water features, sculpture, information directories, should be pro- vided. 5. Lighting. a. Architectural, safety, emergency and security lighting, should be inte- grated into the building design, b. Pedestrian lighting should safely il- luminate walkways, either from light standards or from Iower level, van- dal resistant, accent lights, set *t a uniform height. c. Low intensity landscape lighting may be used. d. Automatic security lighting should illuminate all areas around the build- ing and should not create shadow pockets. e. Lighting should be directed away from streets and adjacent property and should not create annoying glare. f. Energy efficient lighting equipment should be used. Metal halide are recommended to be used in pedes- trian areas and high pressure so- dium in parking areas. White light is recommended, and multicolored lighting is to be avoided, especially when it might conflict with traffic signals. g. Ulu cJ '04 1J:ilicid APPENDDI D- -.CBD BUILDING DESIGN GUIDELINES 6. Service facilities and mechanical equip• meat. a. Service entrances and service dis- posal realities should be screened from view, and should be located so as not to disrupt pedestrian move - ment. b. Mechanical equipment and utility services should be located and screened so as not to be visible from public areas adjacent property. c. Noise from mechanical services should not be apparent in outside public areas. d. Power and communications transmis- sion liens [lineal should be under - ground in public areas. e. Provision should be made for natu- ral ventilation and air circulation, to reduce energy costa and noise. f. Window air conditioning units should not be used. CAD:5 The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763 -3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise - ment yng a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn t4 an day of AI. PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida will on Tuesday, January 4, 2005 at 6:00 p.m. or as soon thereaf- ter po ble, at City Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on and thereafter consider final reading of the follow - ing Ordinance into law: N0. 877: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PAR- TICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHV) ZONING DISTRICT TO COMMERCIAL BUSINESS (CBD) ZONING DIS- TRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. The purpose of the Ordinance is to consider the rezoning of Lots 3 to 12, inclusive of Block 153 from Heavy Commercial (CHV) to Commercial Business District (CBD), as prepared by the property owners Christopher W. and Fail M. Newman on behalf of co-applicants Edward Appleton, President and CEO of First Bank of Indiantown; David M. and Rose M. Conlon; and John Whidden, owner of Whidden Enterprises, Inc. The property is located in the 200 block of Northeast Park Street and 2nd Street, Okeechobee, Florida, and is approximately 1.64 acres. All members of the public are encouraged to attend and participate in said hearing. The proposed Ordinance may be inspected in its entirety by members of the public in the Office of the City Clerk during regular busi- ness hours, Mon -Fri, 8am- 4:30pm, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this hearing, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disability Act (ADA) and Hon- ' da Statutes 286.26, persons with disabilities needing special accommo- dation to participate in this proceeding should contact Lane Gamiotea no later than two (2) working days prior to the proceeding at 863-763 -3372 x215; l heanng or voice impaired, call TDD 1- 800 -222 -3448 (voice) or 1- 888 - 447 -5620 (TTY). Lane Gamiotea, CMC, CITY CLERK 542887 ON 12/22/04 ubscribed bef e me this A.D. 20 1 Notary Public, State of Florida at Large Karmen R. Brown Commission #DD272118 Expires: Jan 17, 2008 FloQ;' Bonded Thru Atlantic Bonding Co., Inc CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 8 PERSONNEL RECORDS RESEARCH AND /OR REQUEST FORM 12, 5/ RESEARCH REQUEST °ORDINANCE RESOLUTION °AGREEMENT °EASEMENT °DEED INUTES (BOARD: EIENCROACHMENT °STREET /ALLEY °PERSONNEL FILE °REZONING °COMP PLAN /AMENDMENT °OTHER ftroww-ecL (-1 Cc(1 Chun k_ tit (2:1 p)oult) (.cy vlid. L261C LC'ix /3 /lije EAR - � Pa I , 2603 i7)t i'1 a �, �jx�c e�,) -/(pt ,c)CA.)173' Po. (9(L ONIV) /fix ....:...... : /// F�i.•'.•�•'.�•'.••'•v:.::ti: r'F.•il: {•nl i;� •.ri•:•: +.•:�ri�J� ........ �:;: %!I /.i!:iiii 4 \ �}:' r,:::tii7.•.l�y�,:,U,.} ?i. {...., BY: BY: BY: DATE: DATE: DATE: 45 1 INTEIK OFFICE MEMORANDUM TO: Jim LaRue, City Planning Consultant FROM: Lane Gamiotea, City Cler CC: Administrator Veach; Attorney Cook SUBJECT: Research Request - Central Business District DATE: December 14, 2004 9 is 4c4_ Cc pa J es Enclosed herewith you will find copies of the "old orange zoning book." This was an ordinance that was a adopted January 26, 1978, at the same time the zoning was updated for the City. These regulations have been the City's land development regulations from that point, up until the existing LDR's were adopted. It list the original intent of the CCDB and all regulations for it. Should you need anything further please do not hesitate to contact me. Thank You. j �...� L') lob i, R.j.!( l'7f h..!,. Ro (As _s (1 G'? o C) r .1.964 a1Z it Q #, ob OKEECHOBE.E CODE C -CBD- CENTRAL BUSINESS DISTRICT COMMERCIAL Intent: The C -CBD, Central Business District, Commercial, is a special district designed to meet the needs of the central area of the City. Permitted or permissible uses are generally those of the C district, excepting those that are not in keeping with the character of the C -CBD district. Other differences are in yard and certain other requirements. It is intended to use the C -CBD district to maintain a compact, viable, and pleas- ing central business area, to encourage development and re- development for business purposes, and to maintain the area as the center of the City's shopping, service, governmental, and economic life. Permitted Principal Uses and Structures: 1. Items 1, 2, 3, 4, 5, 6, 7, 8, 10, 13, 14, and 15 under C, Permitted Uses. p llpto2- Ilpb3 2. City or County governmental buildings and activities, not otherwise districted as GU. 3. Items 4 & 5, RSF, Permitted Uses. &.A.. P3 4. Item 2, RSF, Special Exceptions. J 5. Private clubs and lodges. Permitted Accessory Uses and Structures: As for C. ate. P91(Q(Q4 Prohibited Uses and Structures: As for C. 5:L. P3 1p - Pg1459- Special Exceptions: Permissible by board of adjustment after public notice and hearing and subject to appropriate conditions and safeguards (see Section 13.3) : None. 1668 MOD APPENDIX A— ZONING ORDINANCE Minimum Lot Requirements (Area and Width) : As for C. &Q PO lUtc Maximum Lot Coverage by All Buildings: As for C. SAIL P% Rotp6 Minimum Yard Requirements (Depth of Front & Rear Yards; Width of Side Yards) : Commercial, service, or office activities: Front: None. Side: Must be none, or else 8 ft. except where C -CBD lot abuts land zoned residential, with or without intervening street or alley, then 10 ft. side yard must be provided on C -CBD lot. Rear: None, except where C -CBD lot abuts land zoned residential, with or without an intervening street or alley, then 10 ft. rear yard must be provided on C -CBD lot. Other permitted or permissible uses: As for C. Maximum Height of Structures: No portion shall exceed 45 ft. Limitatik:.s on Signs: (See also Section 10) No signs intended to be read from off the premises except: As for C, except maximum area of signage shall not exceed 250 sq. ft. and no activity shall display more than 2 signs. Minimum Offstreet Parking Requirements: (See also Section 7.13; for offstreet loading require- ments see Section 7.13, m —p) As for C. Supp. No. 2 n a 1669 a eon' -- OKEECHOBEE CODE 17. Items 2 & 5, RSF, Special Exceptions. 18. Items 1 & 7, RG, Special Exceptions. Permitted Accessory Uses and St uctures: 1. Are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and struc- tures. 2. Are located on the same Iot as the permitted or per- missible use or structure, or on a contiguous lot in the same ownership. 3. Do not involve operations or structures not in keeping with the character of the district. On the same premises and in connection with permitted or permissible principal uses and structures, dwelling units only for occupancy by owners or employees. Prohibited Uses and Structures: . Any use or structure not specifically, provisionally, or by reasonable implication permitted herein. Special Exceptions: Permissible by board of adjustment after public notice and hearing and safeguards (see section 13.3) : 1. Wholesale, warehouse, or storage activity, but not in- cluding bulk storage of flammable liquids. 2. Building trades contractor with storage yard for equip- ment and materials on premises. 3. Crematory. 4. Radio or television transmitter; cable television recep- tion and operational facilities. 5. Outdoor recreational activities such as miniature golf course, motion picture theater, archery range, pony ride, fairs, and carnivals. 1664 APPENDIX A— ZONING ORDINANCE 6. Multiple family dwellings, provided minimum lot area shall be at least 40,000 sq. ft. and all other require- ments as for RG shall be met. 7. Item 5, RSF, Special Exceptions. Minimum Lot Requirements (Area and Width) : None, except as needed to meet all other requirements set out herein. Maximum Lot Coverage by All Buildings: Unrestricted, except as needed to meet all other require- ments set out herein. Minimum Yard Requirements (Depth of Front & Rear Yards; Width of Side Yards) : Commercial, service, warehouse, or office activities: Front: 20 ft. Side: Must be none or else 8 ft., except where C lot abuts land residential, with or without an inter- vening street or alley, then 20 ft. side yard must be provided on C lot. Rear: 10 ft., except where C lot abuts land zoned resi- dential, with or without an intervening street or alley, then 20 ft. rear yard must be provided on C lot. Maximum Height of Structures: No portion shall exceed 45 ft. Limitations on Signs: (See also Section 10) No signs intended to be read from off the premises except: 1. Illuminated or non - illuminated wall, ground, pylon, canopy, marquee, or projecting signs to advertise serv- ices or sales of products on the premises. 1665 OKEECHOBEE CODE APPENDIX A— ZONING ORDINANCE subdivision property while under development to ad- vertise the sale of lots, provided such signs shall be removed when 70% of the individual mobile home sub- division lots have been sold. 4. For other permitted or permissible in mobile home parks; signs as specified for the use concerned else- where in these regulations. tuary, letter shops or printing, automotive service sta- tion or truck stop, repair or service garage, motor vehicle body shop, rental of automotive vehicles or trailers, bar or tavern for on- premises consumption of alcoholic beverages, auction house or pawnshop, veter- inarian, dance or music studio, and similar activities. Minimum Offstreet Parking Requirements: Mobile home park: See Section 9.9(k). Mobile home subdivision: 2 spaces to be located on each mobile home Iot. In addition, for other uses, offstrect parking requirements shall be as for the use specified elsewhere _ in _this_ ordinance. C- COMMERCIAL DISTRICTS. Intent: These districts are intended primarily for commercial ac- tivity. Retail sales and service establishments are found in this district as permitted uses, with wholesale and warehouse activity permissible as special exceptions. Residential uses are discouraged, for the district is not residential in character. Very limited residential uses are permitted or permissible by special exception. It is not the intent of this district that it be used for extension or encouragement of strip commercial activity, but the district is applied where there are existing patterns of strip commercial activity as of the date of adop- tion of this zoning ordinance. Permitted Principal Uses and Structures: Establishments for the sale of goods at retail, but ne manufacturing establishment except as specifically permitted or permissible. Service establishments, such as barber or beauty shop, restaurant or drive -in restaurant, funeral home or mor- Hotels and motels. GBanks and financial institutions; professional and busi- ness offices. Commercial recreation facilities in completely enclosed buildings such as motion picture theater, billiard par- lor, bowling alley, skating rink, night club. Vocational, trade, or business schools. 1662 Telephone exchange and business offices, motor bus terminal, commercial parking lots and parking garages. Employment offices; union hall. 9. Palmists, astrologists, psychics, clairvoyants, or p Ten= ologists. Off -site advertising signs (See Section 10.6). 11. Temporary revival and gospel establishments. 12. Commercial and non- commercial marina, docks, piers, etc., including removal of boat from water for repair and repair of motors. Bakeries, but not for production of goods not to be sold on premises. eLaundries, dry cleaning and laundry agencies, and dry cleaning plants, provided only non - flammable solvents are used and steam and odor is not detectable to normal senses from off the premises. 0 Residential use existing at date of adoption of this ordinance. 16. Items 2s 3, 4, & 5, RSF, Permitted Uses. 1663 n OKEECHOBEE CODE APPENDIX A— ZONING ORDINANCE subdivision property while under development to ad- vertise the sale of lots, provided such signs shall be removed when 70% of the individual mobile home sub- division lots have been sold. 4. For other permitted or permissible in mobile home parks; signs as specified for the use concerned else- where in these regulations. tuary, letter shops or printing, automotive service sta- tion or truck stop, repair or service garage, motor vehicle body shop, rental of automotive vehicles or trailers, bar or tavern for on- premises consumption of alcoholic beverages, auction house or pawnshop, veter- inarian, dance or music studio, and similar activities. Minimum Offstreet Parking Requirements: Mobile home park: See Section 9.9(k). Mobile home subdivision: 2 spaces to be located on each mobile home Iot. In addition, for other uses, offstreet parking requirements shall be as for the use specified elsewhere in this ordinance. C- COMMERCIAL DISTRICTS. Intent: These districts are intended primarily for commercial ac- tivity. Retail sales and service establishments are found in this district as permitted uses, with wholesale and warehouse activity permissible as special exceptions. Residential uses are discouraged, for the district is not residential in character. Very limited residential uses are permitted or permissible by special exception. It is not the intent of this district that it be used for extension or encouragement of strip commercial activity, but the district is applied where there are existing patterns of strip commercial activity as of the date of adop- tion of this zoning ordinance. Permitted Principal Uses and Structures: Establishments for the sale of goods at retail, but nd manufacturing establishment except as specifically permitted or permissible. Service establishments, such as barber or beauty shop, restaurant or drive -in restaurant, funeral home or mor- 0 Hotels and motels. (LD Banks and financial institutions; professional and busi- ness offices. Commercial recreation facilities in domp-letely enclosed buildings such as motion picture theater, billiard par- lor, bowling alley, skating rink, night club. Vocational, trade, or business schools. Telephone exchange and business offices, motor bus terminal, commercial parking lots and parking garages. Employment offices; union hall. Palmists, astrologists, psychics, clairvoyants, or Phren- ologists. Off -site advertising signs (See Section 10.6). 11. Temporary revival and gospel establishments. 12. Commercial and non - commercial marina, docks, piers, etc., including removal of boat from water for repair and repair of motors. Bakeries, but not for production of goods not to be sold on premises. Laundries, dry cleaning and laundry agencies, and dry cleaning plants, provided only non - flammable solvents are used and steam and odor is not detectable to normal senses from off the premises. Residential use existing at date of adoption of this ordinance. 1662 16. Items 2, 3, 4, & 5, RSF, Permitted Uses. 1663 DECEMBER 7, 2004 - REGULAR MEETING - PAGE 5 OF 15 AGEND `,COUNCIL ACTION: = ;DISCUSSION -VOTE CLOSE PUBLIC HEARING. VIII. NEW BUSINESS. A. 1. a) Motion to read by title only and set January 4, 2005 as a final public hearing date for proposed Ordinance No. 877 regarding Rezoning Application No. 04- 0010 -R, submitted by Chris and Gail Newman - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 877 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 877. b) Discussion. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:29 P.M. Council Member Watford moved to read by title only and set January 4, 2005 as a final public hearing date for proposed Ordinance No. 877 regarding Rezoning Application No. 04- 0010 -R, submitted by Chris and Gail Newman; seconded by Council Member Chandler. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 877 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHI ) ZONING DISTRICT TO COMMERCIAL BUSINESS (CBD) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." Attomey Cook strongly suggested the Council consider a motion for a moratorium on all CBD Rezoning Applications for at least eight weeks, or until a new Ordinance could be adopted, which will be in February 2005. While there was no official action taken on this recommendation, there were no objections stated regarding the moratorium. Council Member Markham made a motion to approve the first reading of proposed Ordinance No. 877; seconded by Council Member Chandler. Mr. LaRue presented the Planning Staff findings: Planning Staff Report Summary: The applicants are requesting this rezoning in order to be relieved of some of the parking regulations required in the City's Land Development Regulations. The CBD Zoning District would give the applicants more flexibility in uses that could be accommodated by allowing alternative parking and Tess strict parking and loading standards. The issue to be decided is whether this specific land area officially belongs within a CBD Zoning District. VIII. NEW BUSINESS CONTINUED. ) 2. b) Discussion continued. DECEMBER 7, 2004 - REGULAR MEETING - PAGE 6 OF 15 1 4 5 Planning Staff Report Analysis: (1) The existing uses have already met the Comprehensive Plan requirements. The applicants are not presently proposing to change any of the existing uses already on the property. A CBD Zoning District is certainly consistent with the Comprehensive Plan as long as the CBD Zoning District characteristics are present at this site.(2) The applicants' request to rezone the property to the CBD Zoning District is appropriate under the Land Development Regulations. The existing uses are also allowed under this Zoning District and proposed uses would be allowed also. (3) The applicants' request should not have an adverse effect on the public interest. Traffic impacts will be minimal as long as adequate parking is available when people are conducting business at the commercial center. (4) The CBD Zoning district is appropriate for this location. The current businesses have already been considered compatible with adjacent land uses. These uses are not detrimental to urbanizing and use patterns. Ingress and egress to the subject property will remain the same. To lessen parking for the area, the applicant will still have the burden of showing how street parking or other parking altematives can lessen the normal off - street parking requirements. (5) The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. (6) The existing and proposed uses pose no impacts on the surrounding uses. Staff sees no need to impose buffering requirements upon the applicants as the adjacent property also shares the same CBD Zoning District. (7) The impact of the proposed district will not create a density pattern that would overburden public facilities. (8) Staff does not anticipate any traffic, flooding, or drainage problems with the proposed zoning district. It still is the burden of the applicant to demonstrate why parking requirements should be lessened for this location. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. In fact, the CBD Zoning District will be granting more flexibility to the applicants. (10) No special privileges will be granted to the applicants that are not already allowed under the Land Development Code's regulations. Planning Staff Report Recommendation: Based on the above Rezoning criteria being met, the request to rezone the parcel from CHV to CBD is recommended to be approved as it is consistent with the Comprehensive Plan and Land Development Regulations. The Planning Board discussed the application at their November 23 meeting and voted unanimously to recommend approval. Citizens Joey Hoover and Suzanne Hoover stated their opposition to the rezoning, as it is presented. Mr. Hoover stated he did not object to the lots which front State Road 70 East from being rezoned. Ms. Hoover lives in one of the two residences within the block. She stated she also did not object to the lots which front State Road 70 East (7 to 12) from being rezoned, since those buildings were built several years ago. However, she did object to Lots 3 to 6 being rezoned, since that building is less than five years old, and a variance was granted for the front set back, parking was not properly addressed, leading to a severe parking problem that exists today. 146 - DECEMBER 7, 2004 - REGULAR MEETING - PAGE 7 OF 15 VIII. NEW BUSINESS CONTINUED. A. 2. b) Discussion continued. c) Vote on motion. B. Commerce Center update and street extension approval - Gene Schriner, Craig A. Smith & Associates. Staff and Council discussed the issue at length. The Mayor and Council agreed that they should move forward with the motion tonight since it is only to approve the first reading and set the final public hearing date. The Land Planning Agency will be addressing research provided by Attorney Cook and Mr. LaRue regarding the initial intent of the Central Business District. Whether the district should be expanded, if so, to where? Should the existing regulations be only for the area designated CBD now? Should new regulations be created for areas rezoned CBD? This will be discussed at the December 28, 2004 LPA meeting with information and a recommendation presented in time for the final public hearing on this issue. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - NO MOTION CARRIED. Mr. Gene Shriner updated the Council on the progress of the Commerce Center. The matter of concern is whether or not to incorporate alternates into the infrastructure part of the project. Mr. Schriner indicated on a map the area that of the roads that are completed and an area that was not part of the base bid packet. Should this be completed, all roads within the park would be paved and the wastewater system installed. The estimated cost is one hundred ninety - four thousand, four hundred eighty -two dollars and no cents ($194,482.00). At this time, there is a balance of one hundred twenty -seven thousand, six hundred ninety-two dollars and no cents ($127,692.00) of funding, leaving a balance of sixty -six thousand, seven hundred ninety dollars and zero cents ($66,790.00) that the City of Okeechobee would be responsible to pay in order to complete the project. It was also noted that the $66,790.00 was initially half that amount. However, Staff was just informed late today of a mandate by the OUA to install bell connections in the wastewater line that had just been installed or they would not accept the line. Craig A. Smith and Associates (CAS) indicates the bell connections were not part of the original plans that the OUA signed off on. There were seventy -five (75) bell connections to be installed, with a cost of four hundred fifty dollars ($450.00) each. The Mayor and Council Members each stated their concerns with the OUA being able to mandate such an item, after the plans were signed off on and instructed Administrator Veach to send a letter to Executive Director Fortner strongly voicing their concerns. AGENDA IV. NEW BUSINESS. A. Rezoning Petition No. 04- 010 -R. Consider a recommendation to the City Council to rezone the property located within the 200 Block of Northeast Park Street from Heavy Commercial (CHV) to Commercial Central Business District (CBD). The application was submitted by Christopher and Gail Newman. Vikki Aaron, is acting as agent on behalf of Mr. and Mrs. Newman and surrounding property owners Edward Appleton, President and CEO of First Bank of Indiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. - Exhibit 1. November 23, 2004 - Planning Board - Page 2 of 5 ACTION - DISCUSSION - VOTE Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: The applicants are requesting this rezoning in order to be relieved of some of the parking regulations required in the City's Land Development Regulations. The CBD Zoning District would give the applicants more flexibility in uses that could be accommodated by allowing alternative parking and less strict parking and loading standards (see Parking standards for the CBD Zoning District). The issue to be decided is whether this specific land area officially belongs within a CBD Zoning District. Planning Staff Report Analysis: (1) The existing uses have already met the Comprehensive Plan requirements. The applicants are not presently proposing to change any of the existing uses already on the property. A CBD Zoning District is certainly consistent with the Comprehensive Plan as long as the CBD Zoning District characteristics are present at this site. (2) The applicants' request to rezone the property to the CBD Zoning District is appropriate under the Land Development Regulations. The existing uses are also allowed under this Zoning District and proposed uses would be allowed also. (3) The applicants' request should not have an adverse effect on the public interest. Traffic impacts will be minimal as long as adequate parking is available when people are conducting business at the commercial center. (4) The CBD Zoning district is appropriate for this location. The current businesses have already been considered compatible with adjacent land uses. These uses are not detrimental to urbanizing land use patterns. Ingress and egress to the subject property will remain the same. To lessen parking for the area, the applicant will still have the burden of showing how street parking or other parking alternatives can lessen the normal off - street parking requirements. (5) The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. (6) The existing and proposed uses pose no impacts on the surrounding uses. Staff sees no need to impose buffering requirements upon the applicants as the adjacent property also shares the same CBD Zoning District. (7) The impact of the proposed district will not create a density pattern that would overburden public facilities. (8) Staff does not anticipate any traffic, flooding, or drainage problems with the proposed zoning district. It still is the burden of the applicant to demonstrate why parking requirements should be lessened for this location. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. In fact, the CBD Zoning District will be granting more flexibility to the applicants. (10) No special privileges will be granted to the applicants that are not already allowed under the Land Development Code's regulations. AGENDA IV. NEW BUSINESS. A. Rezoning Petition No. 04- 010 -R. continued. ) November 23, 2004 - Planning Board - Page 3 of 5 ACTION - DISCUSSION - VOTE Planning Staff Report Summary and Conclusion prior to Certification: The subject property is designated Commercial on the adopted City of Okeechobee Future Land Use Map and the applicants" request is consistent with the Future Land Use designation. Planning Staff Report Recommendation: Based on the above Rezoning criteria being met, the request to rezone the parcel from CHV to CBD is recommended to be approved as it is consistent with the Comprehensive Plan and Land Development Regulations. John Cook, City Attorney, explained to the Board Members that when the City allowed the Newmans to construct the building up to the sidewalk they were basically allowing them to develop the property as if it was located within a CBD zoning district. In turn, Attorney Cook concurs with the Planning Staff in recommending the zoning change from CHV to CBD. Board Member McCoy questioned Mr. LaRue whether the rezoning would have an adverse affect on lots 1 and 2. Mr. LaRue explained that it would not really affect the property owners of lots 1 and 2 because the permitted uses within the CBD zoning district are close to the same permitted uses within the CHV zoning district. Property owner, Chris Newman. questioned the definition of Heavy Commercial. Mr. LaRue explained that Heavy Commercial is a retail district which allows more extensive use than the uses allowed within the Central Business District. Suzanne Hoover, surrounding property owner, questioned Mr. LaRue regarding the proposed rezoning. Ms. Hoover questioned if the rezoning would eliminate the requirement for parking. Mr. LaRue explained that no, the rezoning would not eliminate the requirement for parking. He continued, the property owners could apply for a reduction of parking from the City Council. Ms. Hoover presented the Board Members with her concerns regarding the proposed rezoning. Ms. Hoover lives in the North East corner of the Block, and has had problems since the building was constructed. The building was built with a parking lot located behind it, the people are using the alley as the entrance and exit of that parking lot. There have been parking problems since the AGENDA IV. NEW BUSINESS. A. Rezoning Petition No. 04- 010 -R, continued. November 23, 2004 - Planning Board - Page 4 of 5 ACTION - DISCUSSION - VOTE building was constructed and a restaurant was permitted to open with no parking spaces. Once the restaurant opened the traffic and parking problems worsened. The City erected "Parking for Residences Only" signs for her and her neighbor, however the patrons of the Newman's building neglected to obey them. Since the restaurant has closed the traffic and parking problems have diminished. Ms. Hoover explained that the Newman's are planning to add another restaurant which will again make the traffic and parking problems increase. Ms. Hoover continued by explaining that it was unfair that the building was allowed to be built, the City made an error and by continuing to make mistakes it will not make this a better situation. In April of 2003 the City Council approved a reduction of parking request, at that time the Council voiced concerns with the parking. In conclusion, Ms. Hoover explained that ifthis rezoning was approved it will cause harm to the residential home owners. If the rezoning is approved, she requested that the Hoover and Brown properties be rezoned as well, and that they still be permitted to live there. Attorney Cook explained that Ms. Hoover's information was accurate, however commercial uses would be permitted if the property was rezoned. residential uses would not. He explained that although the concerns were valid, they did not grant denial. He agreed that the City should assist the home owners with their parking issues. Attorney Cook explained that the Land Development Regulation's do not permit alley's to be used as access to a commercial parking lot. Jim LaRue explained that the request for the zoning change does meet the required characteristics to be approved. Board Member McCoy questioned if the current uses are in compliance with the parking regulations. Attorney Cook explained that the first use that requests approval from the City meets the requirements, then that business moves out and a new one moves in with a different use and they can't meet the requirements. There was no further public comment. There was no further questions or concerns from the Board Members. AGENDA IV. NEW BUSINESS. A. Rezoning Petition No. 04- 010 -R, continued. V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. William Ledferd, Chairperson ATTEST: Katrina Cook. Secretary November 23, 2004 - Planning Board - Page 5 of 5 ACTION - DISCUSSION - VOTE Board Member T. Keller motioned to recommend to City Council to approve Rezoning Petition 04 -010 -R based on Planning Staffs Recommendation; seconded by Board Member McCoy. VOTE JONES - YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MCCOY - YEA MAXWELL - YEA MOTION CARRIED. There being no further items on the agenda. Chairperson Ledferd adjourned the meeting at 7:45 p.m. City of Okeechobee Office of the City Clerk December 1, 2004 Mr. and Mrs. Newman 207 Northeast Park Street Okeechobee, Florida 34974 Dear Mr. and Mrs. Newman: Please be advised that the City Council will conduct a First Reading for your Rezoning Application No. 04- 010 -R, on Tuesday, December 7, 2004, 6:00 p.m. The Final Public Hearing is scheduled for Tuesday, January 4, 2005, 6:00 p.m. A copy of the agenda will be available upon request the Monday before each meeting. If you or a representative cannot attend these hearings please contact my office 863 -763- 3372 ext. 215. With best regards, I am Sincerely, ALL La e Gamiot: a, CMC City Clerk LG /me cc: Vikki Aaron - Agent David M. And Rose M. Conlon - Co- applicant First Bank of Indiantown - Co- applicant Whidden Enterprises,Inc. - Co- applicant 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686 City of Okeechobee Office of the City Clerk LANE GAMIOTEA, City Clerk E -mail: lgamiotea@cityofokeechobee.com Melisa Eddings, Deputy Clerk, ext. 215 E- mail: meddings @cityofokeechobee.com FACSIMILE TRANSMITTAL SHEET TO: LSLiko,r L oc i+ tL FROM: a COMPANY: DATE: / 1 1 23 / 2( 1\0 FAX NUMBER: ri ` y" 2 TOTAL NO. OF PAGES 10 PHONE NUMBER: RE: /kLLNnail biCt3 NOTES /COMMENTS: ( „ 51i/u 600Act_ 0-6 urt-mutho hi.nultz) ant-1/20Y61-9 @ @ kieL in i ed&ia 1 2e) t C OtiA61 iYAcrulte,o c pw �; C_ 20`70 -Partiu1i k 1z *A_ Pea t CLut,30a, Pe-y- 7k I au-id- CD (� en�ke.�� and O�o�� -ei(�' J 55 S.L. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763 -3372 • Fax: (863) 763 -1686 MAY 5, 1998 - PLANNING BOARD /BOARD OF ADJUSTMENT - PAGE 3 OF 4 AGENDA_ IV. NEW BUSINESS /BOARD OF ADJUSTMENT. B. Consider Petition 98- 002 -V. Applicant Chris and Gail Newman request a variance for Lots 3 to 6 in Block 153, City of Okeechobee, Commercial Zoning District to change the front setback from twenty feet to zero - Building Official (Exhibit 2). Petition No. 98 -002 -V was completed by Chris and Gail Newman. The request is for a variance on Lots 3, 4, 5, and 6, Block 153, City of Okeechobee to allow for a zero front set -back. This property is located at Northeast 2nd Street and 2nd Avenue. The current regulations require a twenty foot set -back. This would allow a proposed building to be built on the North and West property lines and save a large old tree that is located on Lot 3. Board Member Oliver moved to approve the Variance request as set out in Petition No. 98-002 - V; seconded by Board Member Chandler. Board Members Markham and Chandler disclosed that they have been to the property and talked with the applicants. Board Member Markham stated he thought this was a very good project. However, if the building was built on the property lines as set out on the preliminary plans the doors would open out onto the sidewalk, there is also the situation of the building being right on the corner in the "visibility triangle". This is the situation in the downtown area and makes it difficult for traffic. He also noted that all the stores that are built with a zero set -back in the downtown area's doors are cut back into the store. Based on the above research Board Member Markham recommended a three or four foot set back unless the Newman's wanted to revise the building plans for the doors to the front of each store. Mr. Newman commented that those are good points he had not thought of and he was confident they could build with the set -back as suggested. Board Members Chandler and Oliver removed their motion from the floor. Board Member Markham moved to approve a four foot set -back for the North side Lots 3 to 6, Block 153, City of Okeechobee for Petition No. 98- 002 -V. Board Members requested that in the future they receive more information than the one page staff report from the City Building Official. And that issues that Board Member Markham brought up should have been addressed in the review prior to it coming to the Planning Board. IV. NEW BUSINESS \BOARD OF ADJUSTMENT. B. Consider Petition 98- 002 -V. Applicant Chris and Gail Newman request a variance for Lots 3 to 6 in Block 153, City of Okeechobee, Commercial Zoning District to change the front setback from twenty feet to zero continued. V. ADJOURNMENT - Chairman Kirk. PLEASE TAKE NOrIcE AND BE ADVISED that if a person decides to appeal any decision made by the Planning Board /Board of Adjustment with respect to any matter considered at this meeting, he /she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. A tape recording of this meeting is on file in the City Clerk's Office. James E. Kirk Planning Board Chairman ATTEST: Bonnie S. Thomas, CMC City Clerk MAY 5, 1998 - PLANNING BOARD /BOARD OF ADJUSTMENT - PAGE 4 OF 4 ACTION - DISCUSSION - VOTE Vote on the motion was as follows: KIRK - YES. CHANDLER - YES. MARKHAM - YES OLIVER - YES. WATFORD - YES. MOTION CARRIED. There being no further items on the agenda, Chairman Kirk adjourned the May 5, 1998 Planning Board /Board of Adjustment Meeting at 6:04 p.m. § 90 -281 OKEECHOBEE CODE DIVISION 8. HEAVY COMMERCIAL (CHV) DISTRICT* Sec. 90 -281. Generally. (a) Heavy commercial (CHV) zoning districts shall be permitted only on and designated as future land use category commercial in the com- prehensive plan. (b) Uses in heavy commercial (CHV) zoning districts shall be subject to the regulations of this division. (LDR 1998, § 380) Sec. 90 -282. Permitted uses. The following principal uses and structures are permitted in the CHV district: (1) Professional office, business office, medi- cal office. (2) Retail service, retail store including out- door display of merchandise. (3) Restaurant, cafe. (4) Personal service. (5) Dry cleaner, laundry. (6) Funeral home. (7) Hotel, motel. (8) Private club, nightclub. (9) Craft studio. (10) Business school. (11) Commercial indoor recreation. (12) Commercial parking garage or lot, taxistand, bus terminal. (LDR 1998, § 381) Sec. 90 -283. Special exception uses. The following uses and structures are permit- ted in the CHV district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) Drive - through service. (2) Auto service station, car wash. *Cross reference — Businesses, ch. 14. (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) Wholesale, warehouse not including bulk storage of flammable liquids. Enclosed warehouse and storage. Outdoor sales and storage, building trades contractor. Flea market. Mechanical and repair services. Commercial outdoor recreation. Veterinary service. Crematory. Marina, dock, pier. Recreational vehicle park, for transient recreation use. Radio, television or cable reception, trans- mission or operational facilities. Public facility or use. Public utility. Permitted uses in excess of 45 feet in height. One dwelling unit per commercial build- ing, not exceeding two bedrooms or 800 square feet. Outdoor vehicle sales lot. (LDR 1998, § 382) Sec. 90 -284. Customary accessory uses. Each permitted principal use and special ex- ception use in the CHV district is also permitted to have the customary accessory uses for that use. (LDR 1998, § 383) CD90:22 DIVISION 9. CENTRAL BUSINESS (CBD) DISTRICT* Sec. 90 -311. Generally. (a) Central business (CBD) zoning districts shall be permitted only on land designated as future land use category commercial in the com- prehensive plan. (b) Uses in central business (CBD) zoning dis- tricts shall be subject to the regulations of this division. (LDR 1998, § 390) Sec. 90 -312. Permitted uses. The following principal uses and structures are permitted in the CBD district: (1) Professional office, business office, medi= cal office. *Cross reference — Businesses, ch. 14. CD90:23 ZONING § 90 -342 (3) Maximum lot coverage by all buildings. Maximum Coverage Maximum Impervious Surface All uses: 85 percent 100 percent (4) Maximum height of structures. Except where further restricted by these regulations for a particular use, the maximum height shall be as follows: All uses shall be 45 feet, unless a special exception is granted. (5) Maximum floor area ratio. All uses shall be 3 feet. (LDR 1998, § 394) Sec. 90 -316. Additional regulations. Additional regulations which shall apply to all uses in the CBD district include, but are not limited to: (1) Concurrency regulations. (2) Parking and loading regulations. (3) Landscaping regulations. (4) Sign regulations. (5) Accessory regulations. (6) Supplementary regulations. (7) Environmental and stormwater regula- tions. (8) Utilities regulations. (9) Building design guidelines. (LDR 1998, § 395) Secs. 90- 317 -90 -340. Reserved. c q 0 : as Cq APRIL 1, 2003 - REGULAR MEETING - PAGE 7 OF 8 VII. NEW BUSINESS CONTINUED, E. Consider a request by Okeechobee Main Street, Inc. to enter into an Economic and Promotional Alliance Agreement with the City of Okeechobee - Craig Quinn, Okeechobee Main Street, Inc. Continued. F. Consider a request for a twenty percent parking requirement reduction - Georgia Perrine (Exhibit 5). J VOTE KIRK - YEA CHANDLER - YEA MARKHAM • YEA WATFORD - YEA WILLIAMS • YEA MOTION CARRIED. Council discussed a request made by Georgia Perrin to approve a 20 percent reduction in her required off -street parking. Ms. Perrine is proposing to open a restaurant at 202 Northeast 2nd Street The building is owned by Chris and Gail Newman. The City received letters from State Farm Insurance, Bass Okeechobee Funeral and First Bank of Indintown giving consent for Perrin Cuisine to use their parking spaces. Council Member Watford moved to approve the request from Perrine Cuisine for a 20 percent parking requirement reduction, seconded by Council Member Chandler. VOTE KIRK • YEA CHANDLER -YEA MARKHAM •YEA WATFORD - YEA WtLUAMS•YEA MOTION CARRIED. Council then discussed concerns from the two home owners that are located in this area. Council Member Markham explained that the homeowners understood they are located in a Commercial area, however, these homes were built over sixty years ago, before the businesses were there. They have valid concerns that should be addresses regarding their parking designation. Council Member Watford moved to authorize City Staff to investigate the residential parkin concerns and place "Resident Only" parking signs as necessary in the area: seconded Council Member Markham. 527 VII. NEW BUSINESS CONTINUED. F. Consider a request for a twenty percent parking requirement reduction - Georgia Penine continued. VIII. ADJOURN MEETING - Mayor. Mere take notice and be advised !hat If a person decides b appeal any decision made by the City Coundl with respect to any matter considered et this meeting, hest a mry need lo ersum that a verbatim record of the proceeding is made, which record includes the testimony end evidence rqm which the appeal is to be based James E. Kirk, Mayor APRIL 1, 2003 - REGULAR MEETING - PAGE 8 OF 8 VOTE KIRK - YEA CHANDLER • YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. There being no further items on the agenda, Mayor Kirk adjourned the April 1, 2003 meeting at 6:52 p.m. City of Okeechobee November 17, 2004 Christopher and Gail Newman 207 NE Park Street Okeechobee, FL 34972 Dear Mr. and Mrs. Newman: Please be advised that the Planning Board of the City of Okeechobee will be considering your Rezoning Petition No. 04 -010 -R on Tuesday, November 23, 2004 at 7:15 p.m. in the City Council Chambers. The FINAL Public Hearing for this matter will be held Tuesday, January 4, 2004 at 6:00 p.m. in the City Council Chambers. A copy of the Planning Board Agenda is enclosed, along with a copy of the Staff Report. If you, or a representative, cannot attend this meeting please contact my office at (863) 763 -3372 ext. 218. Sincerely, Cco' Katrina Cook General Services Coordinator enclosures CC w/ enclosures: Vikki Aaron, Agent David and Rose Conlon Edward Appleton, First Bank of Indiantown John Whidden, Whidden Enterprises 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686 City of Okeechobee October 29, 2004 Susanne Hoover PO Box 78 Okeechobee, FL 34973 Dear Property Owner, RE: Rezoning Petition 04- 010 -R, Christopher and Gail Newman The City Planning Board wishes to inform you of a Public Hearing to consider a rezoning petition to change the zoning from Heavy Commercial (CHV) to Commercial Central Business District (CBD). The application was submitted by Christopher and Gail Newman. Mr. and Mrs. Newman are also acting as agent on behalf of surrounding property owners Edward Appleton, President and CEO of First Bank of Indiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. The subject property is located in the 200 Block of Northeast Park Street, and is more particularly described as: Lots 3 and 12 inclusive, Block 153, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The Public Hearing on this matter for citizen discussion will be held at City Hall, Council Chambers, Rm 200, 55 SE 3rd Avenue, Okeechobee, Florida on Tuesday, November 23, 2004 at 7:15 p.m., or as soon thereafter as possible. The Final Public Hearing will be considered by the City Council on Tuesday, January 4, 2004 at 6:00 p.m., or as soon thereafter as possible. As a property owner within a three hundred -foot radius of the above described property, you are invited to attend this Public Hearing and be heard in person or submit your comments in writing. If you are unable to attend and wish to discuss this matter, please contact Katrina Vinson, General Services Coordinator, at (863) 763 -3372, extension 218. Respectfully, &Ukv-I.AaNul X Bill L. Veach Zoning Administrator 55 S.E. Third Avenue • Okeechobee. Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686 City of Okeechobee October 29, 2004 Michael Brown PO Box 120 Okeechobee, FL 34973 Dear Property Owner, RE: Rezoning Petition 04- 010 -R, Christopher and Gail Newman The City Planning Board wishes to inform you of a Public Hearing to consider a rezoning petition to change the zoning from Heavy Commercial (CHV) to Commercial Central Business District (CBD). The application was submitted by Christopher and Gail Newman. Mr. and Mrs. Newman are also acting as agent on behalf of surrounding property owners Edward Appleton, President and CEO of First Bank of Indiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. The subject property is located in the 200 Block of Northeast Park Street, and is more particularly described as: Lots 3 and 12 inclusive, Block 153, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The Public Hearing on this matter for citizen discussion will be held at City Hall, Council Chambers, Rm 200, 55 SE 3' Avenue, Okeechobee, Florida on Tuesday, November 23, 2004 at 7 :15 p.m., or as soon thereafter as possible. The Final Public Hearing will be considered by the City Council on Tuesday, January 4, 2004 at 6:00 p.m., or as soon thereafter as possible. As a property owner within a three hundred -foot radius of the above described property, you are invited to attend this Public Hearing and be heard in person or submit your comments in writing. If you are unable to attend and wish to discuss this matter, please contact Katrina Vinson, General Services Coordinator, at (863) 763 -3372, extension 218. Respectfully, f —FGY Bill L. Veach Zoning Administrator 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686 City of Okeechobee October 29, 2004 David Daniel, III 548 NW 50th Drive Okeechobee, FK 34972 Dear Property Owner, RE: Rezoning Petition 04- 010 -R, Christopher and Gail Newman The City Planning Board wishes to inform you of a Public Hearing to consider a rezoning petition to change the zoning from Heavy Commercial (CHV) to Commercial Central Business District (CBD). The application was submitted by Christopher and Gail Newman. Mr. and Mrs. Newman are also acting as agent on behalf of surrounding property owners Edward Appleton, President and CEO of First Bank of Indiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. The subject property is located in the 200 Block of Northeast Park Street, and is more particularly described as: Lots 3 and 12 inclusive, Block 153, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, The Public Hearing on this matter for citizen discussion will be held at City Hall, Council Chambers, Rm 200, 55 SE 3`d Avenue, Okeechobee, Florida on Tuesday, November 23, 2004 at 7:15 p.m., or as soon thereafter as possible. The Final Public Hearing will be considered by the City Council on Tuesday, January 4, 2004 at 6:00 p.m., or as soon thereafter as possible. As a property owner within a three hundred -foot radius of the above described property, you are invited to attend this Public Hearing and be heard in person or submit your comments in writing. If you are unable to attend and wish to discuss this matter, please contact Katrina Vinson, General Services Coordinator, at (863) 763 -3372, extension 218. Respectfully, \ . V >f �Y1.'0Ct'1 Bill L. Veach Zoning Administrator 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686 City of Okeechobee October 29, 2004 Rennae Sweeda 497 SW 21st Street Okeechobee, Fl 34974 Dear Property Owner, RE: Rezoning Petition 04- 010 -R, Christopher and Gail Newman The City Planning Board wishes to inform you of a Public Hearing to consider a rezoning petition to change the zoning from Heavy Commercial (CHV) to Commercial Central Business District (CBD). The application was submitted by Christopher and Gail Newman. Mr. and Mrs. Newman are also acting as agent on behalf of surrounding property owners Edward Appleton, President and CEO of First Bank of Indiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. The subject property is located in the 200 Block of Northeast Park Street, and is more particularly described as: Lots 3 and 12 inclusive, Block 153, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The Public Hearing on this matter for citizen discussion will be held at City Hall, Council Chambers, Rm 200, 55 SE 3rd Avenue, Okeechobee, Florida on Tuesday, November 23, 2004 at 7:15 p.m., or as soon thereafter as possible. The Final Public Hearing will be considered by the City Council on Tuesday, January 4, 2004 at 6:00 p.m., or as soon thereafter as possible. As a property owner within a three hundred -foot radius of the above described property, you are invited to attend this Public Hearing and be heard in person or submit your comments in writing. If you are unable to attend and wish to discuss this matter, please contact Katrina Vinson, General Services Coordinator, at (863) 763 -3372, extension 218. Respectfully, Bill L. Veach Zoning Administrator 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • ( 863) 763 -3372 • Fax: (863) 763 -1686 City of Okeechobee October 29, 2004 Stanley Sweeda 204 ES Park Street Okeechobee, Fl 34974 Dear Property Owner, RE: Rezoning Petition 04- 010 -R, Christopher and Gail Newman The City Planning Board wishes to inform you of a Public Hearing to consider a rezoning petition to change the zoning from Heavy Commercial (CHV) to Commercial Central Business District (CBD). The application was submitted by Christopher and Gail Newman. Mr. and Mrs. Newman are also acting as agent on behalf of surrounding property owners Edward Appleton, President and CEO of First Bank of Indiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. The subject property is located in the 200 Block of Northeast Park Street, and is more particularly described as: Lots 3 and 12 inclusive, Block 153, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The Public Hearing on this matter for citizen discussion will be held at City Hall, Council Chambers, Rm 200, 55 SE 3`d Avenue, Okeechobee, Florida on Tuesday, November 23, 2004 at 7:15 p.m., or as soon thereafter as possible. The Final Public Hearing will be considered by the City Council on Tuesday, January 4, 2004 at 6:00 p.m., or as soon thereafter as possible. As a property owner within a three hundred -foot radius of the above described property, you are invited to attend this Public Hearing and be heard in person or submit your comments in writing. If you are unable to attend and wish to discuss this matter, please contact Katrina Vinson, General Services Coordinator, at (863) 763 -3372, extension 218. Respectfully, cYCL-tik(1,0,_ \ "Lrvir) Bill L. Veach Zoning Administrator 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • ( 863) 763 -3372 • Fax: (863) 763 -1686 City of Okeechobee October 29, 2004 Visiting Nurses Assoc. of Florida, Inc. 2400 SE Monterey Road # 300 Stuart, FL 34996 Dear Property Owner, RE: Rezoning Petition 04- 010 -R, Christopher and Gail Newman The City Planning Board wishes to inform you of a Public Hearing to consider a rezoning petition to change the zoning from Heavy Commercial (CHV) to Commercial Central Business District (CBD). The application was submitted by Christopher and Gail Newman. Mr. and Mrs. Newman are also acting as agent on behalf of surrounding property owners Edward Appleton, President and CEO of First Bank of Indiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. The subject property is located in the 200 Block of Northeast Park Street, and is more particularly described as: Lots 3 and 12 inclusive, Block 153, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The Public Hearing on this matter for citizen discussion will be held at City Hall, Council Chambers, Rm 200, 55 SE 3`d Avenue, Okeechobee, Florida on Tuesday, November 23, 2004 at 7:15 p.m., or as soon thereafter as possible. The Final Public Hearing will be considered by the City Council on Tuesday, January 4, 2004 at 6:00 p.m., or as soon thereafter as possible. As a property owner within a three hundred -foot radius of the above described property, you are invited to attend this Public Hearing and be heard in person or submit your comments in writing. If you are unable to attend and wish to discuss this matter, please contact Katrina Vinson, General Services Coordinator, at (863) 763 -3372, extension 218. Respectfully, t" Bill L. Veach Zoning Administrator 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686 City of Okeechobee October 29, 2004 International Savings Bank FSB 305 EN Park Street Okeechobee, Fl 34972 Dear Property Owner, RE: Rezoning Petition 04- 010 -R, Christopher and Gail Newman The City Planning Board wishes to inform you of a Public Hearing to consider a rezoning petition to change the zoning from Heavy Commercial (CHV) to Commercial Central Business District (CBD). The application was submitted by Christopher and Gail Newman. Mr. and Mrs. Newman are also acting as agent on behalf of surrounding property owners Edward Appleton, President and CEO of First Bank of lndiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. The subject property is located in the 200 Block of Northeast Park Street, and is more particularly described as: Lots 3 and 12 inclusive, Block 153, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The Public Hearing on this matter for citizen discussion will be held at City Hall, Council Chambers, Rm 200, 55 SE 3`d Avenue, Okeechobee, Florida on Tuesday, November 23, 2004 at 7:15 p.m., or as soon thereafter as possible. The Final Public Hearing will be considered by the City Council on Tuesday, January 4, 2004 at 6 :00 p.m., or as soon thereafter as possible. As a property owner within a three hundred -foot radius of the above described property, you are invited to attend this Public Hearing and be heard in person or submit your comments in writing. If you are unable to attend and wish to discuss this matter, please contact Katrina Vinson, General Services Coordinator, at (863) 763 -3372, extension 218. Respectfully, ,Kas i, l,,,L0. YL 3Q y Bill L. Veach Zoning Administrator 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763 -3372 • Fax: (863) 763 -1686 City of Okeechobee October 29, 2004 Brigette Breaux Sheffield 1100 SW 83rd Avenue Okeechobee, Fl 34974 Dear Property Owner, RE: Rezoning Petition 04- 010 -R, Christopher and Gail Newman The City Planning Board wishes to inform you of a Public Hearing to consider a rezoning petition to change the zoning from Heavy Commercial (CHV) to Commercial Central Business District (CBD). The application was submitted by Christopher and Gail Newman. Mr. and Mrs. Newman are also acting as agent on behalf of surrounding property owners Edward Appleton, President and CEO of First Bank of Indiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. The subject property is located in the 200 Block of Northeast Park Street, and is more particularly described as: Lots 3 and 12 inclusive, Block 153, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The Public Hearing on this matter for citizen discussion will be held at City Hall, Council Chambers, Rm 200, 55 SE 3rd Avenue, Okeechobee, Florida on Tuesday, November 23, 2004 at 7:15 p.m., or as soon thereafter as possible. The Final Public Hearing will be considered by the City Council on Tuesday, January 4, 2004 at 6:00 p.m., or as soon thereafter as possible. As a property owner within a three hundred -foot radius of the above described property, you are invited to attend this Public Hearing and be heard in person or submit your comments in writing. If you are unable to attend and wish to discuss this matter, please contact Katrina Vinson, General Services Coordinator, at (863) 763 -3372, extension 218. Respectfully, Lac- YL 3D-) -foY Bill L. Veach Zoning Administrator 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686 City of Okeechobee October 29, 2004 Okeechobee Acquisitions, Inc. 305 EN Park Street Okeechobee, FL 34972 Dear Property Owner, RE: Rezoning Petition 04- 010 -R, Christopher and Gail Newman The City Planning Board wishes to inform you of a Public Hearing to consider a rezoning petition to change the zoning from Heavy Commercial (CHV) to Commercial Central Business District (CBD). The application was submitted by Christopher and Gail Newman. Mr. and Mrs. Newman are also acting as agent on behalf of surrounding property owners Edward Appleton, President and CEO of First Bank of Indiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. The subject property is located in the 200 Block of Northeast Park Street, and is more particularly described as: Lots 3 and 12 inclusive, Block 153, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The Public Hearing on this matter for citizen discussion will be held at City Hall, Council Chambers, Rm 200, 55 SE 3`d Avenue, Okeechobee, Florida on Tuesday, November 23, 2004 at 7:15 p.m., or as soon thereafter as possible. The Final Public Hearing will be considered by the City Council on Tuesday, January 4, 2004 at 6 :00 p.m., or as soon thereafter as possible. As a property owner within a three hundred -foot radius of the above described property, you are invited to attend this Public Hearing and be heard in person or submit your comments in writing. If you are unable to attend and wish to discuss this matter, please contact Katrina Vinson, General Services Coordinator, at (863) 763 -3372, extension 218. Respectfully, —ALI, Bill L. Veach Zoning Administrator 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686 City of Okeechobee October 29, 2004 Roger Horner and Wanda Waters 211 NE 4th Avenue Okeechobee, Fl 34972 Dear Property Owner, RE: Rezoning Petition 04- 010 -R, Christopher and Gail Newman The City Planning Board wishes to inform you of a Public Hearing to consider a rezoning petition to change the zoning from Heavy Commercial (CHV) to Commercial Central Business District (CBD). The application was submitted by Christopher and Gail Newman. Mr. and Mrs. Newman are also acting as agent on behalf of surrounding property owners Edward Appleton, President and CEO of First Bank of lndiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. The subject property is located in the 200 Block of Northeast Park Street, and is more particularly described as: Lots 3 and 12 inclusive, Block 153, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The Public Hearing on this matter for citizen discussion will be held at City Hall, Council Chambers, Rm 200, 55 SE 3rd Avenue, Okeechobee, Florida on Tuesday, November 23, 2004 at 7:15 p.m., or as soon thereafter as possible. The Final Public Hearing will be considered by the City Council on Tuesday, January 4, 2004 at 6:00 p.m., or as soon thereafter as possible. As a property owner within a three hundred -foot radius of the above described property, you are invited to attend this Public Hearing and be heard in person or submit your comments in writing. If you are unable to attend and wish to discuss this matter, please contact Katrina Vinson, General Services Coordinator, at (863) 763 -3372, extension 218. Respectfully, DCr) -Ctr Bill L. Veach Zoning Administrator 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686 City of Okeechobee October 29, 2004 Edward and Carolyn Cridland 306 NE 3rd Street Okeechobee, Fl 34972 Dear Property Owner, RE: Rezoning Petition 04- 010 -R, Christopher and Gail Newman The City Planning Board wishes to inform you of a Public Hearing to consider a rezoning petition to change the zoning from Heavy Commercial (CHV) to Commercial Central Business District (CBD). The application was submitted by Christopher and Gail Newman. Mr. and Mrs. Newman are also acting as agent on behalf of surrounding property owners Edward Appleton, President and CEO of First Bank of Indiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. The subject property is located in the 200 Block of Northeast Park Street, and is more particularly described as: Lots 3 and 12 inclusive, Block 153, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The Public Hearing on this matter for citizen discussion will be held at City Hall, Council Chambers, Rm 200, 55 SE 3' Avenue, Okeechobee, Florida on Tuesday, November 23, 2004 at 7 :15 p.m., or as soon thereafter as possible. The Final Public Hearing will be considered by the City Council on Tuesday, January 4, 2004 at 6:00 p.m., or as soon thereafter as possible. As a property owner within a three hundred -foot radius of the above described property, you are invited to attend this Public Hearing and be heard in person or submit your comments in writing. If you are unable to attend and wish to discuss this matter, please contact Katrina Vinson, General Services Coordinator, at (863) 763 -3372, extension 218. Respectfully, %tea w`L O� Vurloon O' BiII L. Veach Zoning Administrator 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686 Nee City of Okeechobee October 29, 2004 Thomas C. Close PO Box 2558 Okeechobee, Fl 34973 Dear Property Owner, RE: Rezoning Petition 04- 010 -R, Christopher and Gail Newman The City Planning Board wishes to inform you of a Public Hearing to consider a rezoning petition to change the zoning from Heavy Commercial (CHV) to Commercial Central Business District (CBD). The application was submitted by Christopher and Gail Newman. Mr. and Mrs. Newman are also acting as agent on behalf of surrounding property owners Edward Appleton, President and CEO of First Bank of Indiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. The subject property is located in the 200 Block of Northeast Park Street, and is more particularly described as: Lots 3 and 12 inclusive, Block 153, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The Public Hearing on this matter for citizen discussion will be held at City Hall, Council Chambers, Rm 200, 55 SE 3rd Avenue, Okeechobee, Florida on Tuesday, November 23, 2004 at 7:15 p.m., or as soon thereafter as possible. The Final Public Hearing will be considered by the City Council on Tuesday, January 4, 2004 at 6:00 p.m., or as soon thereafter as possible. As a property owner within a three hundred -foot radius of the above described property, you are invited to attend this Public Hearing and be heard in person or submit your comments in writing. If you are unable to attend and wish to discuss this matter, please contact Katrina Vinson, General Services Coordinator, at (863) 763 -3372, extension 218. Respectfully, \AAALn Bill L. Veach Zoning Administrator 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763 -3372 • Fax: (863) 763 -1686 City of Okeechobee October 29, 2004 David and Judy Hester 2036 SW 22nd Circle Okeechobee, FL 34974 Dear Property Owner, RE: Rezoning Petition 04- 010 -R, Christopher and Gail Newman The City Planning Board wishes to inform you of a Public Hearing to consider a rezoning petition to change the zoning from Heavy Commercial (CHV) to Commercial Central Business District (CBD). The application was submitted by Christopher and Gail Newman. Mr. and Mrs. Newman are also acting as agent on behalf of surrounding property owners Edward Appleton, President and CEO of First Bank of Indiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. The subject property is located in the 200 Block of Northeast Park Street, and is more particularly described as: Lots 3 and 12 inclusive, Block 153, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The Public Hearing on this matter for citizen discussion will be held at City Hall, Council Chambers, Rm 200, 55 SE 3' Avenue, Okeechobee, Florida on Tuesday, November 23, 2004 at 7:15 p.m., or as soon thereafter as possible. The Final Public Hearing will be considered by the City Council on Tuesday, January 4, 2004 at 6:00 p.m., or as soon thereafter as possible. As a property owner within a three hundred -foot radius of the above described property, you are invited to attend this Public Hearing and be heard in person or submit your comments in writing. If you are unable to attend and wish to discuss this matter, please contact Katrina Vinson, General Services Coordinator, at (863) 763 -3372, extension 218. Respectfully, y Bill L. Veach Zoning Administrator 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763-1686 City of Okeechobee October 29, 2004 Lonnie Mills and Olive Evans PO Box 64 Palm City, Fl 34991 Dear Property Owner, RE: Rezoning Petition 04- 010 -R, Christopher and Gail Newman The City Planning Board wishes to inform you of a Public Hearing to consider a rezoning petition to change the zoning from Heavy Commercial (CHV) to Commercial Central Business District (CBD). The application was submitted by Christopher and Gail Newman. Mr. and Mrs. Newman are also acting as agent on behalf of surrounding property owners Edward Appleton, President and CEO of First Bank of Indiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. The subject property is located in the 200 Block of Northeast Park Street, and is more particularly described as: Lots 3 and 12 inclusive, Block 153, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The Public Hearing on this matter for citizen discussion will be held at City Hall, Council Chambers, Rm 200, 55 SE 3rd Avenue, Okeechobee, Florida on Tuesday, November 23, 2004 at 7:15 p.m., or as soon thereafter as possible. The Final Public Hearing will be considered by the City Council on Tuesday, January 4, 2004 at 6:00 p.m., or as soon thereafter as possible. As a property owner within a three hundred -foot radius of the above described property, you are invited to attend this Public Hearing and be heard in person or submit your comments in writing. If you are unable to attend and wish to discuss this matter, please contact Katrina Vinson, General Services Coordinator, at (863) 763 -3372, extension 218. Respectfully, Bill L. Veach Zoning Administrator 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686 City of Okeechobee October 29, 2004 James and Patricia tennsiwood 1008 SE 8th Avenue Okeechobee, Fl 34974 Dear Property Owner, RE: Rezoning Petition 04- 010 -R, Christopher and Gail Newman The City Planning Board wishes to inform you of a Public Hearing to consider a rezoning petition to change the zoning from Heavy Commercial (CHV) to Commercial Central Business District (CBD). The application was submitted by Christopher and Gail Newman. Mr. and Mrs. Newman are also acting as agent on behalf of surrounding property owners Edward Appleton, President and CEO of First Bank of Indiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. The subject property is located in the 200 Block of Northeast Park Street, and is more particularly described as: Lots 3 and 12 inclusive, Block 153, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, The Public Hearing on this matter for citizen discussion will be held at City Hall, Council Chambers, Rm 200, 55 SE 3rd Avenue, Okeechobee, Florida on Tuesday, November 23, 2004 at 7:15 p.m., or as soon thereafter as possible. The Final Public Hearing will be considered by the City Council on Tuesday, January 4, 2004 at 6:00 p.m., or as soon thereafter as possible. As a property owner within a three hundred -foot radius of the above described property, you are invited to attend this Public Hearing and be heard in person or submit your comments in writing, If you are unable to attend and wish to discuss this matter, please contact Katrina Vinson, General Services Coordinator, at (863) 763 -3372, extension 218. Respectfully, Lela y Bill L. Veach Zoning Administrator 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686 City of Okeechobee October 29, 2004 Roger and Dollie Davis 202 NE 3rd Street Okeechobee, Fl 34972 Dear Property Owner, RE: Rezoning Petition 04- 010 -R, Christopher and Gail Newman The City Planning Board wishes to inform you of a Public Hearing to consider a rezoning petition to change the zoning from Heavy Commercial (CHV) to Commercial Central Business District (CBD). The application was submitted by Christopher and Gail Newman. Mr. and Mrs. Newman are also acting as agent on behalf of surrounding property owners Edward Appleton, President and CEO of First Bank of Indiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. The subject property is located in the 200 Block of Northeast Park Street, and is more particularly described as: Lots 3 and 12 inclusive, Block 153, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The Public Hearing on this matter for citizen discussion will be held at City Hall, Council Chambers, Rm 200, 55 SE 3' Avenue, Okeechobee, Florida on Tuesday, November 23, 2004 at 7:15 p.m., or as soon thereafter as possible. The Final Public Hearing will be considered by the City Council on Tuesday, January 4, 2004 at 6:00 p.m., or as soon thereafter as possible. As a property owner within a three hundred -foot radius of the above described property, you are invited to attend this Public Hearing and be heard in person or submit your comments in writing. If you are unable to attend and wish to discuss this matter; please contact Katrina Vinson, General Services Coordinator, at (863) 763 -3372, extension 218. Respectfully, -EL( Bill L. Veach Zoning Administrator 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686 City of Okeechobee October 29, 2004 Robert and Betty Braun 96 Champions Blvd. Rogers, AZ 72758 Dear Property Owner, RE: Rezoning Petition 04- 010 -R, Christopher and Gail Newman The City Planning Board wishes to inform you of a Public Hearing to consider a rezoning petition to change the zoning from Heavy Commercial (CHV) to Commercial Central Business District (CBD). The application was submitted by Christopher and Gail Newman. Mr. and Mrs. Newman are also acting as agent on behalf of surrounding property owners Edward Appleton, President and CEO of First Bank of Indiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. The subject property is located in the 200 Block of Northeast Park Street, and is more particularly described as: Lots 3 and 12 inclusive, Block 153, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The Public Hearing on this matter for citizen discussion will be held at City Hall, Council Chambers, Rm 200, 55 SE 3rd Avenue, Okeechobee, Florida on Tuesday, November 23, 2004 at 7:15 p.m., or as soon thereafter as possible. The Final Public Hearing will be considered by the City Council on Tuesday, January 4, 2004 at 6 :00 p.m., or as soon thereafter as possible. As a property owner within a three hundred -foot radius of the above described property, you are invited to attend this Public Hearing and be heard in person or submit your comments in writing. If you are unable to attend and wish to discuss this matter, please contact Katrina Vinson, General Services Coordinator, at (863) 763 -3372, extension 218. Respectfully, y Bill L. Veach Zoning Administrator 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686 City of Okeechobee October 29, 2004 Edwin Walpole PO Box 1177 Okeechobee, Fl 34973 Dear Property Owner, RE: Rezoning Petition 04- 010 -R, Christopher and Gail Newman The City Planning Board wishes to inform you of a Public Hearing to consider a rezoning petition to change the zoning from Heavy Commercial (CHV) to Commercial Central Business District (CBD). The application was submitted by Christopher and Gail Newman. Mr. and Mrs. Newman are also acting as agent on behalf of surrounding property owners Edward Appleton, President and CEO of First Bank of Indiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. The subject property is located in the 200 Block of Northeast Park Street, and is more particularly described as: Lots 3 and 12 inclusive, Block 153, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The Public Hearing on this matter for citizen discussion will be held at City Hall, Council Chambers, Rm 200, 55 SE 3rd Avenue, Okeechobee, Florida on Tuesday, November 23, 2004 at 7:15 p.m., or as soon thereafter as possible. The Final Public Hearing will be considered by the City Council on Tuesday, January 4, 2004 at 6:00 p.m., or as soon thereafter as possible. As a property owner within a three hundred -foot radius of the above described property, you are invited to attend this Public Hearing and be heard in person or submit your comments in writing. If you are unable to attend and wish to discuss this matter, please contact Katrina Vinson, General Services Coordinator, at (863) 763 -3372, extension 218. Respectfully, �;C1cL�i1 C�- `11 -noon COY Bill L. Veach Zoning Administrator 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686 City of Okeechobee October 29, 2004 Walpole, Inc. PO Box 1177 Okeechobee, FL 34973 Dear Property Owner, RE: Rezoning Petition 04- 010 -R, Christopher and Gail Newman The City Planning Board wishes to inform you of a Public Hearing to consider a rezoning petition to change the zoning from Heavy Commercial (CHV) to Commercial Central Business District (CBD). The application was submitted by Christopher and Gail Newman. Mr. and Mrs. Newman are also acting as agent on behalf of surrounding property owners Edward Appleton, President and CEO of First Bank of Indiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. The subject property is located in the 200 Block of Northeast Park Street, and is more particularly described as: Lots 3 and 12 inclusive, Block 153, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The Public Hearing on this matter for citizen discussion will be held at City Hall, Council Chambers, Rm 200, 55 SE 3rd Avenue, Okeechobee, Florida on Tuesday, November 23, 2004 at 7:15 p.m., or as soon thereafter as possible. The Final Public Hearing will be considered by the City Council on Tuesday, January 4, 2004 at 6:00 p.m., or as soon thereafter as possible. As a property owner within a three hundred -foot radius of the above described property, you are invited to attend this Public Hearing and be heard in person or submit your comments in writing. If you are unable to attend and wish to discuss this matter, please contact Katrina Vinson, General Services Coordinator, at (863) 763 -3372, extension 218. Respectfully, Bill L. Veach Zoning Administrator 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686 City of Okeechobee October 29, 2004 Kirchman Oil Company PO Box 1625 Belle Glade, FL 33430 Dear Property Owner, RE: Rezoning Petition 04- 010 -R, Christopher and Gail Newman The City Planning Board wishes to inform you of a Public Hearing to consider a rezoning petition to change the zoning from Heavy Commercial (CHV) to Commercial Central Business District (CBD). The application was submitted by Christopher and Gail Newman. Mr. and Mrs. Newman are also acting as agent on behalf of surrounding property owners Edward Appleton, President and CEO of First Bank of indiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. The subject property is located in the 200 Block of Northeast Park Street, and is more particularly described as: Lots 3 and 12 inclusive, Block 153, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The Public Hearing on this matter for citizen discussion will be held at City Hall, Council Chambers, Rm 200, 55 SE 3`d Avenue, Okeechobee, Florida on Tuesday, November 23, 2004 at 7:15 p.m., or as soon thereafter as possible. The Final Public Hearing will be considered by the City Council on Tuesday, January 4, 2004 at 6:00 p.m., or as soon thereafter as possible. As a property owner within a three hundred -foot radius of the above described property, you are invited to attend this Public Hearing and be heard in person or submit your comments in writing. If you are unable to attend and wish to discuss this matter, please contact Katrina Vinson, General Services Coordinator, at (863) 763 -3372, extension 218. Respectfully, \rt) Bill L. Veach Zoning Administrator 55 S.E. Third Avenue • Okeechobee, Florida 3497 -4 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686 City of Okeechobee October 29, 2004 Haynes and Susan Williams 208 North Parrott Avenue Okeechobee, Fl 34972 Dear Property Owner, RE: Rezoning Petition 04- 010 -R, Christopher and Gail Newman The City Planning Board wishes to inform you of a Public Hearing to consider a rezoning petition to change the zoning from Heavy Commercial (CHV) to Commercial Central Business District (CBD). The application was submitted by Christopher and Gail Newman. Mr. and Mrs. Newman are also acting as agent on behalf of surrounding property owners Edward Appleton, President and CEO of First Bank of lndiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. The subject property is located in the 200 Block of Northeast Park Street, and is more particularly described as: Lots 3 and 12 inclusive, Block 153, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The Public Hearing on this matter for citizen discussion will be held at City Hall, Council Chambers, Rm 200, 55 SE 3rd Avenue, Okeechobee, Florida on Tuesday, November 23, 2004 at 7:15 p.m., or as soon thereafter as possible. The Final Public Hearing will be considered by the City Council on Tuesday, January 4, 2004 at 6:00 p.m., or as soon thereafter as possible. As a property owner within a three hundred -foot radius of the above described property, you are invited to attend this Public Hearing and be heard in person or submit your comments in writing. If you are unable to attend and wish to discuss this matter, please contact Katrina Vinson, General Services Coordinator, at (863) 763 -3372, extension 218. Respectfully, \ Bill L. Veach Zoning Administrator 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686 City of Okeechobee October 29, 2004 DR Watford, Trustee PO Box 578 Okeechobee, Fl 34973 Dear Property Owner, RE: Rezoning Petition 04- 010 -R, Christopher and Gail Newman The City Planning Board wishes to inform you of a Public Hearing to consider a rezoning petition to change the zoning from Heavy Commercial (CHV) to Commercial Central Business District (C8D). The application was submitted by Christopher and Gail Newman. Mr. and Mrs. Newman are also acting as agent on behalf of surrounding property owners Edward Appleton, President and CEO of First Bank of Indiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, inc. The subject property is located in the 200 Block of Northeast Park Street, and is more particularly described as: Lots 3 and 12 inclusive, Block 153, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The Public Hearing on this matter for citizen discussion will be held at City Hall, Council Chambers, Rm 200, 55 SE 3rd Avenue, Okeechobee, Florida on Tuesday, November 23, 2004 at 7:15 p.m., or as soon thereafter as possible. The Final Public Hearing will be considered by the City Council on Tuesday, January 4, 2004 at 6:00 p.m., or as soon thereafter as possible. As a property owner within a three hundred -foot radius of the above described property, you are invited to attend this Public Hearing and be heard in person or submit your comments in writing. If you are unable to attend and wish to discuss this matter, please contact Katrina Vinson, General Services Coordinator, at (863) 763 -3372, extension 218. Respectfully, Bill L. Veach Zoning Administrator 55 S.E. Third Avenue • Okeechobee. Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686 City of Okeechobee 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2932 DR Watford, Trustee PO Box 578 Okeechobee, Fl 34973 1 4 \AA n s) 1 if 1 ) 1 1 1 11 t 1 11 11 ia3iia�1=={ i��=.=. i�1' 1 !l =ei;Fl =ii:i��is� ;ess{tlltesii City of Okeechobee October 29, 2004 Sembler /EPM Joint Venture # 4 5858 Central Avenue St. Petersburg, R 33707 Dear Property Owner, RE: Rezoning Petition 04- 010 -R, Christopher and Gail Newman The City Planning Board wishes to inform you of a Public Hearing to consider a rezoning petition to change the zoning from Heavy Commercial (CHV) to Commercial Central Business District (CBD). The application was submitted by Christopher and Gail Newman. Mr. and Mrs. Newman are also acting as agent on behalf of surrounding property owners Edward Appleton, President and CEO of First Bank of Indiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. The subject property is located in the 200 Block of Northeast Park Street, and is more particularly described as: Lots 3 and 12 inclusive, Block 153, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The Public Hearing on this matter for citizen discussion will be held at City Hall, Council Chambers, Rm 200, 55 SE 3rd Avenue, Okeechobee, Florida on Tuesday, November 23, 2004 at 7:15 p.m., or as soon thereafter as possible. The Final Public Hearing will be considered by the City Council on Tuesday, January 4, 2004 at 6:00 p.m., or as soon thereafter as possible. As a property owner within a three hundred -foot radius of the above described property, you are invited to attend this Public Hearing and be heard in person or submit your comments in writing. If you are unable to attend and wish to discuss this matter, please contact Katrina Vinson, General Services Coordinator, at (863) 763 -3372. extension 218. Respectfully, ' Bill L. Veach Zoning Administrator 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686 City of Okeechobee October 29, 2004 Louis Theodore and Angel Cox PO Box 2030 Okeechobee, Fl 34973 Dear Property Owner, RE: Rezoning Petition 04- 010 -R, Christopher and Gail Newman The City Planning Board wishes to inform you of a Public Hearing to consider a rezoning petition to change the zoning from Heavy Commercial (CHV) to Commercial Central Business District (CBD). The application was submitted by Christopher and Gail Newman. Mr. and Mrs. Newman are also acting as agent on behalf of surrounding property owners Edward Appleton, President and CEO of First Bank of Indiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. The subject property is located in the 200 Block of Northeast Park Street, and is more particularly described as: Lots 3 and 12 inclusive, Block 153, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The Public Hearing on this matter for citizen discussion will be held. at City Hall, Council Chambers, Rm 200, 55 SE 3rd Avenue, Okeechobee, Florida on Tuesday, November 23, 2004 at 7:15 p.m., or as soon thereafter as possible. The Final Public Hearing will be considered by the City Council on Tuesday, January 4, 2004 at 6:00 p.m., or as soon thereafter as possible. As a property owner within a three hundred -foot radius of the above described property, you are invited to attend this Public Hearing and be heard in person or submit your comments in writing. If you are unable to attend and wish to discuss this matter, please contact Katrina Vinson, General Services Coordinator, at (863) 763 -3372, extension 218. Respectfully, -{cr Bill L. Veach Zoning Administrator UlQQr) 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686 City of Okeechobee 'PO Y October 29, 2004 Marshall C. Pitts 5444 Bay Center Drive, Suite 103 Tampa, FL 33609 Dear Property Owner, RE: Rezoning Petition 04- 010 -R, Christopher and Gail Newman The City Planning Board wishes to inform you of a Public Hearing to consider a rezoning petition to change the zoning from Heavy Commercial (CHV) to Commercial Central Business District (CBD). The application was submitted by Christopher and Gail Newman. Mr. and Mrs. Newman are also acting as agent on behalf of surrounding property owners Edward Appleton, President and CEO of First Bank of Indiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. The subject property is located in the 200 Block of Northeast Park Street, and is more particularly described as: Lots 3 and 12 inclusive, Block 153, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The Public Hearing on this matter for citizen discussion will be held at City Hall, Council Chambers, Rm 200, 55 SE 3rd Avenue, Okeechobee, Florida on Tuesday, November23, 2004 at 7:15 p.m., or as soon thereafter as possible. The Final Public Hearing will be considered by the City Council on Tuesday, January 4, 2004 at 6:00 p.m., or as soon thereafter as possible. As a property owner within a three hundred -foot radius of the above described property, you are invited to attend this Public Hearing and be heard in person or submit your comments in writing. If you are unable to attend and wish to discuss this matter, please contact Katrina Vinson, General Services Coordinator, at (863) 763 -3372, extension 218. Respectfully, == COcA, vLO-- �Lti ti �� ►'� Bill L. Veach Zoning Administrator 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686 Cit)T of OkeecliObee S.E. Third Avenue • Okeechobee e, Florida 3491 -,V32 ,E47,0 ics“cLik lin kp 40144D 001/0 4 8484 Mee "41) Marshall C. 03 Pitts 5444 Bay Center Dr, Suite 1 *Tampa, 33609 onoltiltilli fill 11 rislillirt 11 I The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763 -3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- menct, being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously' in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to day of Notary Public, State of Florida at Large • 10'1 '(Olifcn NOTICE OF PROPOSED REZONING NOTICE IS HEREBY GIVEN that the Planning Board for the City of Okeechobee will meet on Tuesday, November 23, 2004 at 7:15 p.m. or as soon thereafter as possible, to conduct a PUBLIC HEARING to consid- er Rezoning Application No. 04 -010 -R submitted by property owners, Chnstopher W and Gail M. Newman, and on behalf of Co- Applicants' Ed- ward Appleton, President and CEO of First Bank of lndiantown; David M. and Rose M. Conlon; and John Whidden, owner of Whidden Enterprises, Inc. The applicants are requesting to change the zoning from Heavy Com- mercial (CHV) to Commercial Business Distnct (CBD) on property locat- ed in the 200 block of Northeast Park Street and 2nd Street. Legal de- scnption being. Lots 3 to 12, inclusive of Block 153, OKEECHOBEE, re- corded in Plat Book 5, Page 5, Public Records, Okeechobee, County, Florida and is approximately 104 acres. The meeting will he held at City Hall, 55 Southeast 3rd Avenue, Council Chambers, Room 200, Okeechobee, Florida. A copy of the entire applica- tions) and agenda are available in General Services Office, Room 101 at City Hall or by calling Katrina Cook at (863) 763 -3372, ext 218. Please be advised that the Planning Board serves as a recommendation board. All items considered are forwarded with their recommendation to the City Council for final PUBLIC HEARING scheduled for Tuesday, January 4, 2005 at 6:00 p.m. ALL INTERESTED PARTIES SHALL HAVE THE OPPORTUNITY TO BE HEARD AT THIS PUBLIC HEARING. Any person deciding to appeal any decision by the Planning Board with respect to any matter considered at this hearing will need to ensure that a verbatim record of the proceedings is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services Department tapes are for the sole purpose of backup for official records of the department. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing special accommoda- tion to participate in this proceeding should contact Katrina Cook no later than two (2) working days prior to the proceedings at (863) 763 -3372 x218 for assistance; if heanng is impaired telephone the Florida Relay Service Number 1-800-955-8771 (TDD) or 1 -800- 955 -8770 (VOICE) for - assistance. BY • Bit L. Veach, Zoning Administrator 531836 ON 11/5,15/04 Karmen R. Brown Commission #DD272118 �. s= Expires: Jan 17, 2008 Bonded Thru Atlantic Bonding Co . Inc CITY OF OKEECHOBEE CERTIFICATION FOR POSTING SIGN Instructions: 1. The sign must be posted on the subject property. 2. The sign must be posted prominently. 3. The sign must be visible from the most traveled street adjacent the subject property. 4. There is no specific height requirement, provided that the sign can easily be seen by cars or pedestrians that pass by the property. 5. The sign must be posted beginning 15 days (not including Sundays) prior to the public hearing and must be posted continuously during this time. If a second public hearing is required before the City Council the sign must remain posted until that hearing has been conducted. The sign must be removed within 7 days of the final public hearing. Petition Number(s): 014 - 0 t 0 - V2 N Qiaman CERTIFICATION OF POSTING OF SIGN 1, V / ry , hereby certify that I have posted the "Notice of. Public Hearing" sign in accordance with the above requirements. ignature ii -o/-o ff Date STATE OF FLORIDA COUNTY OF OKEECHOBEE worn to and subscribed before me this 1 day of .�Van , 20 Q {. Personally known to me OR produced as identification and did /did not take an oath. Notary Public - Print Name: kQ.trl n(. Vi S0r AAA Notary Public Signature SEAL �'d KATRINA VINSON °'" y MY COMMISSION # DD 228546 EXPIRES: July 1, 2007 d' Bonded Thru Notary Public Underwriters NOTICE PROPOSED REZONING A PUBLIC HEARING WILL BE HELD REGARDING A PROPOSED REZONING FOR THIS PROPERTY PETITION NO: 04 -010 -R PROPERTY OWNERS: PURPOSE: FIRST PUBLIC HEARING: Christopher and Gail Newman; Edward Appleton, President and CEO of First Bank of Indiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. To change the existing zoning classification of Lots 3 -12, Block 153 , City of Okeechobee from Heavy Commercial (CHV) to Commercial Central Business District (CBD). November 23, 2004 at 7:15 p.m. FINAL PUBLIC HEARING: January 4, 2005 at 6:00 p.m. FOR FURTHER INFORMATION CONTACT GENERAL SERVICES DEPARTMENT CITY OF OKEECHOBEE 55 SE 3RD AVENUE OKEECHOBEE, FL 34974 (863) 763 -3372 X 218 CITY OF OKEECHOBEE L FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34972-2932 160 (863) 763-3372 1 20 Oq CEIVED from k v‘ \( k 1 \CL\[Tt ix( — Dollars 100 VCkY LOkYi c_( f C ( CLERK CITY OF OKEECHOBEE L FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34972-2932 16079 (863) 763-3372 CEIVED from Q h ( LUIral c1 v t kILII(')0( 1 caohu)cA avo out,tx(Y) 7500 c -*1 1.0 \ 20 01 100 11, )0r) CLERK Dollars CITY OF OKEECHOBEE FLORI . 3rd Avenue, Okeechoboa (863) 763-3 Co 'ji N) CD VI CD fl cp 0 CD Cl • • • • c. CD CD 11/. NEW BUSINESS /BOARD OF ADJUSTMENT. B. Consider Petition 98- 002 -V. Applicant Chris and Gail Newman request a variance for Lots 3 to 6 in Block 153, City of Okeechobee, Commercial Zoning District to change the front setback from twenty feet to zero - Building Official (Exhibit 2). MAY 5, 1998 - PLANNING BOARD /BOARD OF ADJUSTMENT - PAGE 3 OF 4 Petition No. 98 -002 -V was completed by Chris and Gail Newman. The request is for a variance on Lots 3, 4, 5, and 6, Block 153, City of Okeechobee to allow for a zero front set -back. This property is located at Northeast 2nd Street and 2nd Avenue. The current regulations require a twenty foot set -back. This would allow a proposed building to be built on the North and West property lines and save a large old tree that is located on Lot 3. Board Member Oliver moved to approve the Variance request as set out in Petition No. 98-002 - V; seconded by Board Member Chandler. Board Members Markham and Chandler disclosed that they have been to the property and talked with the applicants. Board Member Markham stated he thought this was a very good project. However, if the building was built on the property lines as set out on the preliminary plans the doors would open out onto the sidewalk, there is also the situation of the building being right on the corner in the "visibility triangle ". This is the situation in the downtown area and makes it difficult for traffic. He also noted that all the stores that are built with a zero set -back in the downtown area's doors are cut back into the store. Based on the above research Board Member Markham recommended a three or four foot set back unless the Newman's wanted to revise the building plans for the doors to the front of each store. Mr. Newman commented that those are good points he had not thought of and he was confident they could build with the set -back as suggested. Board Members Chandler and Oliver removed their motion from the floor. Board Member Markham moved to approve a four foot set -back for the North side Lots 3 to 6, Block 153, City of Okeechobee for Petition No. 98- 002 -V. Board Members requested that in the future they receive more information than the one page staff report from the City Building Official. And that issues that Board Member Markham brought up should have been addressed in the review prior to it coming to the Planning Board. 1 1 1 . NEW BUSINESS \ BOARD OF ADJUSTMENT. B. Consider Petition 98- 002 -V. Applicant Chris and Gail Newman request a variance for Lots 3 to 6 in Block 153, City of Okeechobee, Commercial Zoning District to change the front setback from twenty feet to zero continued. V. ADJOURNMENT - Chairman Kirk. 1 1 Rams TAKS Nonce Aim BE ADVI8 D that if a person derides to appeal any decision made by the Planning Board /Board of Adjustment with respect to any matter considered at this meeting, he /she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. A tape recording of this meeting is on Me in the City Clerk's Office. ATTEST: Bonnie S. Thomas, CMC City Clerk James E. Kirk Planning Board Chairman MAY 5, 1998 - PLANNING BOARD /BOARD OF ADJUSTMENT - PAGE 4 OF 4 Vote on the motion was as follows: KIRK - YES. CHANDLER - YES. MARKHAM - YES OLIVER - YES. WATFORD - YES. MOTION CARRIED. There being no further items on the agenda, Chairman Kirk adjourned the May 5, 1998 Planning Board /Board of Adjustment Meeting at 6:04 p.m. 4 CITY OF OKEECHOBEE - General Services Department 55 S.E. Third Avenue i FL 34974 Phone: (941) 763 -3372 Fax: (941) 763 -1686 5• Date::..LI Petition Jurisdiction • Fee Paid; Ist >liearii ?.P• ublcation:Datc Uniform Land Use Application V >s Name of property owner(s): �'1 r � j L _ • e� e AIL ryi. 1_Uet t )vY� 1� Yv Mailing address: p n. (z , �L s �/yr <`> . ei Property address: I c r 5---) 1 Is there a current or recent use of the property that isfwas a violation of Ci t y ordinance? If sb, describe: hi Name of applicant if other than owner (state relationship): Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: Al c7 NOTE If not owner or attorney at law, proof of authority must be provided. Ls the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: � Home telephone: '76. 7 -e 7 7 Work telephone: 9// 76d-7073 Check type of application, complete appropriate sections, and sign reverse side of application Directions to property: 76 e -ft) arlAirt and ■Yc_ 4 &)t ,,?a..d . What is the current use of prope 1 I,,1, C. 1 ::::1, L Describe improvements on property (if none, so state): f <`> . Approximate number of acres: q /1f) Is property part of platted subdivision? "1 t" S Are there dwellings on the property? If so, state number and type (conventional, manufactured home, etc.) and state whether occupied: ` / 1 _ / ( j (..-u- ( Wf i' r) . iYt+::1; -Ed_. / : � eiCt ^_, /1) /W21. L)66 1 Is there a current or recent use of the property that isfwas a violation of Ci t y ordinance? If sb, describe: hi ;: << Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: Al c7 Ls a sale subject to this application being granted? Al Ls the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: � �C Briefly des adjoining property use to the North: N E- 1 �GG� South: East: COr Metre l a--Q ( finer West /Ve E� /—tVG Check type of application, complete appropriate sections, and sign reverse side of application ■ Current Zoning Class: Proposed Zoning Class: Z >.. E f What is your desired permitted use under the proposed class: If granted, will the new zone be contiguous with a lice zone? Is a Special Exception necessary for your intended use? Variance? ■ .. . I hereby certify that the information in this application is correct. The information included in this application is for use by Okeechobee C i t y in processing my request. False or misleading information may be punishable by a fine of up to $500.03 a41 imprisonment of up to 30 days and may result in the summary denial of this app n.. 1 Aw•--% Signature Date Describe the Special Exception Sought: . ...: S Provide Specific LDR ordinance citation: .::::•:::: Are there other similar uses in the area? Is so, describe: (19P1' Why would granting your request be in the best interest of the area and residents? If business, briefly describe nature including number of employees, hours, noise generation and activities to be conducted outside of a building: .. . I hereby certify that the information in this application is correct. The information included in this application is for use by Okeechobee C i t y in processing my request. False or misleading information may be punishable by a fine of up to $500.03 a41 imprisonment of up to 30 days and may result in the summary denial of this app n.. 1 Aw•--% Signature Date Describe Variance sought: V A :I: (A N c....*. .H.: Describe physical characteristic of property that makes variance necessary: 0 \5&-+ b DIJ Atat-S,_ 51°) eliJ Did Did you cause or contribute to the characteristic? Is so, describe: /I 1 N (.....) What is the minimum variance necessary? (-) .. . I hereby certify that the information in this application is correct. The information included in this application is for use by Okeechobee C i t y in processing my request. False or misleading information may be punishable by a fine of up to $500.03 a41 imprisonment of up to 30 days and may result in the summary denial of this app n.. 1 Aw•--% Signature Date Describe ruling that you are appealing: A P p.. E. "..5s L ' ..'-'.. Who made decision you are appealing: Date of decision: Explain why you feel decision is in error. position: Be sure to list any ordinance references you feel support your .. . I hereby certify that the information in this application is correct. The information included in this application is for use by Okeechobee C i t y in processing my request. False or misleading information may be punishable by a fine of up to $500.03 a41 imprisonment of up to 30 days and may result in the summary denial of this app n.. 1 Aw•--% Signature Date Describe action you wish taken: O. T. H E'' R.. specific ordinance authority for your request: NOTE: All requests t( the .G efie r a 1 Services Deparatment must specifiv citing ordinance authority. be -- . .. . I hereby certify that the information in this application is correct. The information included in this application is for use by Okeechobee C i t y in processing my request. False or misleading information may be punishable by a fine of up to $500.03 a41 imprisonment of up to 30 days and may result in the summary denial of this app n.. 1 Aw•--% Signature Date Sec. 23 OKEECHOBEE CODE SECTION 23. SEPARABILITY CLAUSE Should any section or provision of this zoning .rdinance be declared by a court of competent jurisdiction to be un- constitutional or invalid, such decision shall no affect the validity of this zoning ordinance as a whole, or any part thereof other than the part so declared to be constitutional or invalid. SECTION 24. EFFECTIVE 9 ATE This zoning ordinance shall take eff : t upon being filed in the office of the Secretary of Stat: of Florida. PASSED AND ADOPTED by the ' ity Council of the City of Okeechobee, Florida at is Regu e r Meeting held the 8th day of August, 1978. ATTEST: /s/ Sylvia Christian Acting City Cle City of Okeec • obee, Florida / / APPROVED Russel V. Domer President City Council City of Okeechobee, Florida ME THIS 8th day of August, 1978. /8/ — — - -- Audley Dunham Mayor City of Okeechobee, Florida 1650 APPENDIX A— ZONING ORDINANCE SCHEDULE OF DISTRICT REGULATIONS RSF— RESIDENTIAL SINGLE FAMILY DISTRICTS Intent: These districts are intended to provide for detached single family residential uses. Certain structures and uses designed to serve governmental, educational, religious, non - commercial recreational, and other immediate needs of such areas are permitted or are permissible as special exceptions, subject to requirements necessary to preserve and protect their single family residential character. Permitted Principal Uses and Structures: 1. Single family detached dwellings. 2. Public and private elementary, junior high, and high schools offering conventional academic curriculums. 3. Public parks, playgrounds, playfields, and City or County buildings in keeping with the character and requirements of the district; public libraries. 0 Existing railroad right -of -way, but not including switchin., freight, or storage yards, buildings, or maintenance structures. Houses of worship, provided parcel size shall not be less than 5 acres. Permitted Accessory Uses and Structures: Uses and structures which: 1. Are customarily accessory and clearly incidental and subordinate to permitted uses and structures. 2. Do not involve the conduct of business (except home occupations) on the premises. 1651 9 n D -a 0 OKEECHOBEE CODE 3. Are located on the same lot as the permitted or per- missible principal uses or structure, or on a contiguous lot in the same ownership. 4. Are not of a nature to attract visitors in larger num- bers than would normally be expected in a single family residential neighborhood. 5. Do not involve operations or structures not in keeping with the character of single family residential de- velopment. Non - commercial plant nurseries and green houses, gardens, servant's quarters, private garages and carports (attached and not projecting beyond front of principal structure), tool houses and garden sheds, garden work centers, children's play areas and play equipment, private barbecue pits, patios, pri- vate swimming pools, docks and wharves, and the like are permitted as accessory uses in these districts. Prohibited Uses and Structures: Any use or structure not specifically, provisionally, or by reasonable implication permitted herein or permissible by special exception. Special Exceptions: Permissible by board of adjustment after public notice and hearing and subject to appropriate conditions and safeguards (see Section 13.3) : 1. Golf course and country club (not including miniature golf course or separate practice driving range) provided lot comprises at least 90 acres of land for a 9 hole course and 150 acres for an 18 hole course and that any required parking area is located at Least 100 ft. and any building is located at least 300 ft. from any other residentially zoned property. Public utility building and facilities except those in- cluded under Section 7.9 necessary to serve surround- 1652 F APPENDIX A— ZONING ORDINANCE ing neighborhoods (not including service or storage yards). Such facilities shall be designed, sited, and landscaped to preserve compatibility with a single family neighborhood. 3. Private neighborhood or community (non - public) rec- reation facility, including tennis or racquet club. No automotive parking shall be located within 50 ft. of any other property in separate ownership. No building shall be located within 100 ft. of any other property in separate ownership. Outdoor lighted recreation facili- ties shall not be used after 10 p.m. 4. Home occupation (see Section 22.47). 5. IIouse of worship with less than 5 acres lot size. 6. Guest house or garage apartment, provided lot area shall not be less than 12,500 sq. ft. for detached single family dwelling and one guest house or one garage apartment. 7. Offstreet parking and for access for or to property zoned commercial and on which commercial activity is conducted. Minimum Lot Requirements (Area and Width) : Single Family Dwelling: Width: 75 ft. Area: 10,000 sq. ft. Other Permitted or Permissible Uses and Structures: None, except as needed to meet all other requirements herein set out. Maximum Lot Coverage by All Buildings: Single Family Dwelling: 30% Other permitted or permissible uses and structures : 25% c5 03 1653 0 CHRIS & GAIL NEWMAN C & G PALM PLAZA 202 N.E. 2ND STREET OKEECHOBEE, FL 34972 (863) 763 -7073 DECEMBER 10, 2004 MR. VEACH 55 S.E. 3RD AVENUE OKEECHOBEE, FL 34972 DEAR MR VEACH I WOULD LIKE TO REQUEST A COPY OF THE CURRENT L.D.R.'S AS SOON AS POSSIBLE. PLEASE LET ME KNOW WHEN I CAN PICK THIS UP & IF THERE IS ANY CHARGE FOR THEM. RESPECT LY, • CHRIS NEWMAN 6Po16 bug A , biguat Am, ice-- LB& a o A 02/5-6A_ 1:4.1(0 naLl 11 ,1uc d Clo , , (Ai- i b ; Veu (:gyp ptd/u6 w_ a elOy-).-716 odb co- W/Cil-) 'NU . 'AY