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2004-11-23 CITY OF OKEECHOBEE PLANNING BOARD NOVEMBER 23, 2004 SUMMARY OF BOARD ACTION Page 1 of 5 ACTION - DISCUSSION - VOTE Chairperson Ledferd called the November 23.2004 Planning Board meeting to order at 7:22 p.m. CALL TO ORDER - Chairperson. Planning Board, November 23,2004, 7 I. 15 p.m C':; C"':) ~ Board Secretary Cook called the roll serving as a voting member serving as a voting member consent) consent) consent) Present Absent (without Absent (without Present Present Absent (without Present Present - Present - Present Present Secretary . CHAIRPERSON, MEMBER AND STAFF ATTENDANCE Chairperson William Ledferd Vice Chairperson Dawn Hoover Board Member Daniel Creech Board Member Kenneth Keller Board Member Thomas Keller Board Member Christopher Mavroides Board Member Douglas McCoy Alternate Member Sandra Jones Alternate Member Devin Maxwell Attorney John R. Cook Secretary Katrina Cook II. I with the reading and approve the Summary of Board meeting; seconded by Board Member Jones moved to dispense 2004 regular Board Member T. Keller Action for the October 27 MINUTES - Secretary. Motion to dispense with the reading and approve the Summary of Board Action for the October 27.2004 regular meeting A. III. VOTE JONES - YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA McCoy - YEA MAXWELL- YEA MOTION CARRIED. I ACTION - DISCUSSI AGENDA I IV. NEW BUSINESS. Planning Staff Report Summary The applicants are requesting this rezoning in order to be relieved of some ofthe 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 Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows 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. ' ners Edward anc A. surrounding First Bank of of Whidden Newman and CEO of Whidden, owner property ow Appleton, President Indiantown; David and Rose Conlon; and John Enterprises, Inc Exhibit 1 I I Planning Staff Report Analysis: (1) The existing uses have already met the Comprehensive Plan requirements. The applicants are not presently proposing to change any ofthe 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 ~ "" ~ " ACTION - DISC The subject property Land Use Map and the Planning Staff Report Summary and Conclusion prior to Certification is designated Commercial on the adopted City of Okeechobee Future applicants' request is consistent with the Future Land Use designation. IV. NEW BUSINESS. Rezoning Petition No. 04-01 O-R, continued. A. I 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 was located within a CBD zoning district. In turn, Attorney Cook in recommending the zoning change from CHV to CBD develop the property as if it concurs with the Planning Staff same permitted 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 1 and 2 because the permitted uses within the CBD zoning district uses within the CHV zoning district. the property owners of lots are close to the I 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 ofthe 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 I I 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 if this 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 IV. NEW BUSINESS. A. Rezoning Petition No. 04-01 O-R, continued. 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. ~ W ,...... 'v'_ meet the required characteristics Jim LaRue explained that the request for the zoning change does to be approved. current uses are in compliance with the parking ..", use that requests approval from the City meets d a new one moves in with a different use and Board Member McCoy questioned if the regulations. Attorney Cook explained that the fi...." the requirements, then that business moves out they can't meet the requirements the Board There was no further questions or concerns from There was no further public comment. Members. L. " November 23, 2004 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. IV. NEW BUSINESS. Rezoning Petition No. 04-010-R. continued A. I VOTE JONES - YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA YEA McCoy MAXWELL - YEA MOTION CARRIED. items on the agenda, Chairperson Ledferd adjourned the meeting at 7:45 i-~ ~ ~ There being no further p.m Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that ifan\ 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 ev~u'pon which the appeal is to be based. General Services tapes ar~ for the sole purp.~se 0 b. a~k.'u for official recor soft rtmè!1t ¿ '/'/. /""0 - A.Y L______ \....--' _ I V. ADJOURNMENT ~ Katrina Cook, Secretary I CITY OF OKEECHOBEE PLANNING BOARD NOVEMBER 23, 2004 OFFICIAL AGENDA PAGE1OF1 I. CALL TO ORDER: Planning Board, November 23,2004,7:15 p.m. - Chairperson. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson William Ledferd e Vice-Chairperson Dawn Hoover Board Member Daniel Creech Board Member Kenneth Keller Board Member Thomas Keller Board Member Christopher Mavroides Board Member Douglas McCoy Alternate Sandra Jones Alternate Devin Maxwell Attorney John R. Cook Secretary Katrina Cook III. MINUTES - Secretary. . the Summa of Board Action for the October 26,2004 regular meeting. . IV. NEW BUSINESS - City Planning Consultant. 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 oflndiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. - Exhibit 1. 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. The tapes are for the sole purpose of backup for official records of the Department of General Services. · PAGE -1- CITY OF OKEECHOBEE . NOVEMBER 23, 2004 - PLANNING BOARD· HANDWRITTEN MINUTES I. CALL TO ORDER· Chairperson: November 23 2004 Plannin II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE· Secret ry. Present Absent Chairperson William Ledferd J Vice Chairperson Dawn Hoover Board Member Danny Creech Board Member Kenneth Keller Board Member Thomas Keller Board Member Christopher Mavroides Board Member Douglas McCoy Altern ate Sandra Jones ì s ~ . (). c, :'\\M Alternate Devin Maxwell \Jo'0'\~'''jv\Ø''\. Attorney John R. Cook Secretary Katrina Cook III. MINUTES· Secretary. A. Board Member l' IL moved to dispense with the reading nd approve the Summary of Agency Action for the October 26,2004 Regular Meeting; seco ded by Board Member 6:) VOTE YEA NAY ABSTAIN ABSENT Creech Hoover K. Keller T. Keller Ledferd Mavroides McCoy MOTION: CARRIED - DENIED . PAGE -2- IV. New Business· City Planning Consultant. A. Rezoning Petition No. 04.01 O·R. Consider a recommendation to the City Council to rezone the property located within the 200 Block of Northeast Park Street f om Heavy Commercial (CHV) to Commercial Central Business District (CBD). The application as 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, own r of Whidden Enterprises, Inc. . 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JC- ..Q-\ Ý S -\- \..A <:; ~ d0Q J YflLti re(~. - -th?c+ bur, mo v'( ) -t\\J.Aì CÀ ru ¡,J 0 {\.( C G n'\..LO LA.-, +~ìCt + f\;--t yYY\.tt t Y «~ u \ rtntLrrl~ 'IV moT\on -to U. to CL(J'Çì12v( - QrYL. . CENTERLINE N.£. I - - , l!1 0') I R8F N89"59'38'E 199.9' (FJ 50.0' (PJ 50.0' (PJ 50. 0' (PJ iî I I ~ SCALE 1" -50' Lo I I N LOT :! LOT LOT 6 5 4 :r:: I 28551. 58 SQUARE FEEl l- e:: CHRIS {; GAIL 0 :z I NEWMAN c:: IMPROVEMENTS NOT SHOI ~ OR 251 PG 590 ~ I I ~ ~ N § ~ .... I oq: -g c:: R8F ~ C\ N 200. 0' (FJ d ;. PUBLI C L¡j <:) CT) <:: :r:: DRILL I- HOLE ~ c: 0 r THEREOF z I I - , COUNTY, -J iî ê ìl1 N I I <: ~ ~ .... LOT L THEREOF LOT 7 8 9' LUC IE I I THE PUBLI C :r:: l- e:: 0 :z 21378. 46 SQUARE FEET FlnST BANK RECORDED IN c:: OF INDIANTOWN DR IDA. ~ IMPROVEMENTS NOT SHOWN r... on 438 PG 1656 N I I THE PLA T ~ ST. LUCIE .... 5. PAGE 5. 35' . IN AND : EAST. 50.0' (PJ 50.0' (PJ 50. 0' I DRILL N89" 59' 18' W ; HOLE IEPARED CENTERLINE NORTH - - TY OF OKEECHOBEE 5-37S-35E . 0/20/04 LELAND DYALS ilL 5833· R. L. s. 2084 1 304 S. H. 3rd Ave. . Okeechobee. Fla. OF PHONE.....783-4909 FAX. . . . . 763-2600 NO. · Christopher W. and Gail M. Newman - Property Owner and Applicants First Bank of Indiantown David M. and Rose M. Conlon Whidden Enterprises, Inc. Co-Applicants Statement of Applicants Interest in Prope Christopher W. and Gail M. Newman currently own Lots 3 thro gh 6 and Lot 10, Block 153, City of Okeechobee, according to the plat thereof as record d in Plat Book 5, Page 5, Public Records ofOkeechobee County, Florida. The co-applicants currently own Lots 7 through 9 and Lots 11 an 12, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat ook 5, Page 5, Public Records of Okeechobee County, Florida. The subject property is located in the 200 Block of N.E. Seco d Street and N.E. Park Street. The improvements include a 13,750 square foot commer ial strip center, a 6,016 square foot bank, a 3,650 square foot commercial building and 1,326 retail store/pawn shop. The applicants and co-applicants are requesting a change in ning 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 t eir commercial property with regard to parking, loading, on-site water retention and the like. The Central Business District (CBD) zoning district will permit landowners 0 apply to the Technical Review Committee for a reduction in parking space requirem nts when sufficient off- street parking can be provided by alternative means. The requ sted change in zoning is consistent with the Unified Land Development Code and the fut re land use designation. ,~ .... ..~ ..~ _,,~.,_. ,...J_ .-,..,~.... ...........fII4............... ., O. R.. 251 rSGt 590 . _ _. aOOl' TRUSTEE'S DEE THIS INDENTURE, made, given and dated as of the 30th day I August , 1982, by HERBERT L.· REEL, as Trustee~he MO~ERN DAIRY FARMS, NO.1, INC., PROFI -SHARING PLAN AND TRUST (h, inafter referred to as the "Grantor") 0 CHRISTOPHER W. NEWMAN a~ GAIL M. NEWMAN, his wife, (hereinafter referred to as the "Grante whose address for the purposes hereof s'207 N. E. Park Street, Okeechobee,'Florida 33472¡ WIT N E SSE T H : That the said Grantor, for and 'n consideration of the sum Ten Dollars ($10.00) and other good an valuable considerations t it in hand paid, the receipt whereof i hereby acknowledged, does hereby grant, bargain, sell, alien, re ise, release, convey and confirm unto the said Grantee, all tha certain piece, parcel or tract of land lying and being in the C unty of Okeechobee, and th StQte of Florida, more particularly de cribed as follows: Lots 3, 4, 5, and 6, Block 153, CITY OF OKEECHOBEE, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records f Okeechobee County, Florida. TOGETHER WITH all the tenementa, hereditaments and appurte ances with every privilege, right, ti le, inte.rest and estate, '. ,,' reversion, remainder and easement the eto belonging or in anywise thereunto appertaining except as hereinafter otherwise expressly provided. TO HAVE AND TO HOLD the same i simple forever, , i SUBJECT, HOWEVER, to the follo I (a) All real estate taxes and special asses~ments (and tl lien thereof) levied, payable or asse sed against the land hereir conveyed subsequent to December 31, 1981¡ (b) Covenants or restrictions of record, if any, but thia reference shall not serve to reimpose same¡ (c) All valid laws, rules and regulations of the United ~ and the State of Florida, or any depa bureau, agency or ~ ical subdivision of either thereof, r to the u~e of the II hereinabove described and herein con v AND the Grantor covenants with the Grantee that the Grant( is lawfully seized of the premises he einabove described and her« conveyed, and that said premises are ree of all encumbrances except the matters hereinabove mentio ed to which this deed is ~ subject, and that the Grantor has go d, right and lawful authorj to sell the same. IN WITNESS WHEREOF, the afores id Trustee as Grant~ has caused this instrument to be executed this ..3Q2: day of ¿w" oJ- 1982. ~ Signed, .ealed and delivered - in the pres.nce of: ~ y ~ ~ ~o.· "-. i .;::':".,: - .,,' '...' ..... ( / ,,",~:p ~?,' c. f)4~ IMST1IUMtNT PR(PAAC: L PHIL IN .....ATSON . ...r~''''''.. "._"l'dITT .. [I~ , ?'... !, ,", "'.. b,.;,. ....,..... ... j · - Staff Report topher and Gail Newman Rezoning Request Petition No. 04-010-R 5. The proposed use }1Iill not adversely atfèct property value or living conditions, or be a deterrent to the improvement or developmenr ofadjacen 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 buJfered ji-om surroun 'ng 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 urrounding 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 density pattern that would overburden public jàcilities such as schools, srreets. and tility 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 trqf{zc congestion. .flo ding or drainage problems, or otherwise ajjèct public sa.fèty. Staff does not anticipate any traffic. t1ooding. or drainag problems with the proposed zoning district. It still is the burden of the applicant o 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 burdene by unnecessary restrictions. In fact, the CBD Zoning District will be granting more t1 xibility to the applicants. lO. The proposed change will not constitute a grant of spe ial 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 L nd Use designation. .., j - . . Applicant: Istopher and Gail Newman Staff Report Rezoning Request Petition No. 04-010-R West: Future Land Use Map Classification: Commercia Zoning District: Central Bus ness Existing Land Use: Drug store Summary: The applicants of the above described property are requesting this re oning in order to be relieved of some of the parking regulations required in the City's La d Development Code. The CBD Zoning District would give the applicants more flexibility in u es that could be accommodated by allowing alternative parking and less strict parkin and loading standards (see Parking standards for the CBD Zoning District). The issue to be dec ded is whether this specific land area officially belongs within a CBD Zoning District. Analysis 1. The proposed zoning is not contrary to Comprehensive Ian requirements. The existing uses have already met the Comprehen ive Plan requirements. The applicants are not presently proposing to change any 0 the existing uses already on the property. A CBD Zoning District is certainly consi tent with the Comprehensive Plan as long as the CBD Zoning District characteristics re present at this site. 2. The proposed use being appliedfor is specifically authO! ized under the zoning district in the Land Development Regulations. The applicants' request to rezone the property to t e CBD Zoning District is appropriate under the Land Development Regulations The existing uses are also allowed under this Zoning District and proposed uses w uld be allowed also. ., The proposed zoning H,ill not have an adverse ejfèct on e public interest. -'. The applicants' request should not have an adverse ffect on the public interest. Traffic impacts will be minimal as long as adequate par ing is available when people are conducting business at the commercial center. 4. The zoning is appropriate for the location proposed. i . reasonably compatihle ì\'ith adjacent land uses, and is not contrmy or detrime 1tal to urhanizing land u:-;e patterns. The CBD Zoning district is appropriate for this locatio . The current businesses have already been considered compatible with adjacent la d uses. These uses are not detrimental to urbanizing land use patterns. lngress and egress to the subject property will remain the same. To lessen parking for the area. tl e applicant will still have the burden of showing how street parking or other parki g alternatives can lessen the normal off-street parking requirements. 'ì . AtoPher and Gail Newman ~ , Staff Report Applicant: Rezoning Request Petition No. 04-010-R General Information Applicant: Christopher and Gail ewman Applicant Address: '207 NE Park Street Okeechobee. Florida 4974 Applicant Phone Number: Contact Person Vicki Aaron 863-467-4768 Future Land Use Classification Commercial Zoning District Commercial Heavy (CHV) Use of Property Commercial center Acreage 1.64 Access Park Street Street Location: 200 Block ofNE Park Street and NE Second treet Legal Description: Lots 3 through 12. Block 153. City of Okeech bee. according to the plat thereof as recorded in Plat Book 5. Page 5 of e Public Records of Okeechobee. County. Florida Request: The applicant is requesting to rezone approximately 1.64 acres of de eloped property from the Commercial Heavy Zoning District (CHV)to Central Business Zoni g District (CBD). . . . I . . North: Future Land Use Map Classification: Commercial Zoning District: Residential ulti-Family Existing Land Use: Funeral Ho e East: Future Land Use Map Classification: Commercial Zoning District: Commercial Existing Land Use: Residential South: Future Land Use Map Classification: Public Facili ies Zoning District: Public Use Existing Land Use: Commercial 1 - . Street. Suite 206 ~ Fort Mye orida 3390l-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: lar le-planning(â)att.net Staff Report Rezoning Reques Applicant: Christopher and Gail M man From: Commercial Heavy (C To: Commercial Business (í Petition No. 04-01 O-R . . . . Christopher W. and Gail M. Newman Property Owners and Applicants Statement Addressing Existing Use of Surroundin Properties The property under consideration is a 1.64 acre ite, with primary frontage on N. E. Second Street and .E. Park Street. The property is also bounded by N.E. 3~ Avenue to the east, N.E. 2nd Avenue to the west. The p operty is rectangular in configuration and is currently zon d Heavy Commercial (CHV). The property's north boundary line abuts N. . Second Street. Just beyond Second Street is Bass Fune al Home. To the east of the subject property are two (2) sidential properties. Further to the east is Regions Ba To the west is the Eckerd's Drugstore. Directly south a jacent to Park Street is a number of government uses. Fu her south is a variety of commercial uses. There should be no adverse impacts to the subjec property, to surrounding property or to the general area b granting the requested change in zoning. The proposed hange in zoning is consistent with the comprehensive pla and land development code. · , . Christopher W. and Gail M. Newman - Property Owne and Applicants First Bank of Indiantown David M. and Rose M. Conlon Whidden Enterprises, Inc. Co-Applicants Statement ofIntended Use Christopher W. and Gail M. Newman currently own Lots 3 thro gh 6 and Lot 10, Block 153, City of Okeechobee, according to the plat thereof as record d in Plat Book 5, Page 5, Public Records ofOkeechobee County, Florida. The co-applicants currently own Lots 7 through 9 and Lots 11 an 12, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat ook 5, Page 5, Public Records ofOkeechobee County, Florida. The intention of the applicants and co-applicants is to request change in zoning ITom the existing classification of Heavy Commercial (CHV) to C ntral Business District (CBD) to allow the landowners some flexibility in the develo ment and use of their commercial property with regard to parking, loading, on-site wat r 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 s ace requirements when sufficient off-street parking can be provided by alternative mean. The requested change in zoning is consistent with the Unified Land Development Cod and the future land use designation of the comprehensive plan. · , . Christopher W. and Gail M. Newman - Property Owne 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 th Request Christopher W. and Gail M. Newman currently own Lots 3 throu h 6 and Lot 10, Block 153, City of Okeechobee, according to the plat thereof as record d in Plat Book 5, Page 5, Public Records ofOkeechobee County, Florida. The co-applicants currently own Lots 7 through 9 and Lots 11 an 12, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat ook 5, Page 5, Public Records ofOkeechobee County, Florida. The subject property is located in the 200 Block of N.E. Secon Street and N.E. Park Street. The improvements include a 13,750 square foot commerc al 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 zo ing ITom the existing classification of Heavy Commercial (CHV) to Central Business istrict (CBD) to allow the landowners some flexibility in the development and use of the commercial property with regard to parking, loading, on-site water retention and t e like. The Central Business District (CBD) zoning district will permit landowners to apply to the Technical Review Committee for a reduction in parking space requiremen s when sufficient off- street parking can be provided by alternative means. The reques d change in zoning is consistent with the Unified Land Development Code and the futur land use designation. F _Map . Page 1 of 1 ~ ~ , I I~ ì i , 1 , I I , , I ~z I , 11..I.i I i 1 > I ! i 'i q: I I I I ! II '¡- {"'o.~ 'I: >- I u. , -t [z~ I ~ ¡ :I: ----' I I m ", ~ -- !! i ..... . , , 1 -I I I 1 ¡i , i 1 ! 11 I l.- i ì , , I ~ --L-__~' STATE ROAD 70 ....-...-----~ I .,." : I S_ E. Pl\RK STREE1' ! ¡ i-¡ r------¡ I I I I I i ! ! i i I i ! i I tt.. y SOOTH T ~ http://www.okeechobeepa.comlGIS/F_Map.asp 10/26/2003 · Christopher W. and Gail M. Newman - Property Owne and Applicants First Bank of Indiantown David M. and Rose M. Conlon Whidden Enterprises, Inc. Co-Applicants Legal Description Pertaining to Applicati n 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 C unty, Florida. . . Whidden Enterprises, Inc. Property Owner and Co-Applicant Owner's Statement of Consent to Applica ion Whidden Enterprises, Inc, being the record title owner of the Lots 12, Block 153, City of Okeechobee, ac ording to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, do hereb consent to make application to the City of Okeechobee to request a change in zoning :&om the existing classification f Heavy Commercial (CHV) to Central Business District ( BD). -IA#~ VSignature of Owner -S;;;, 11 t¿/i ( f:U 11 Name of Owner (Printed) STATE OF FLORIDA COUNTY OF OKEECHOBEE Sworn to and subscribed before me this62-1 day of / ; , 2004 by ...j{) h J1 ~v h ¡ d d -Q,ý) who is personally known to m and who did not take an oath. !\....- ~...YPy8. VIKKI LY N AARON Notary Public - ta 0A:rida ~"1J-f.:Jf~ MY COMMISS cS-iMÞ27331 ~'«i L Yrl 1'1t;¡ ý~;Jh .. "~,-,;f EXPIRES June 26. 2005 , , >; .~ .\R'f \:l Notary S rvice & BonCSing. Inc. -,._---~._- . . First Bank of Indiantown Property Owner and Co-Applicant Owner's Statement of Consent to Applica ion First Bank of Indiantown, being the record title wner of the Lots 7 through 9, Block 153, City of Ok echobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, F orida, do hereby consent to make application to the City of Okeechobee to request a change in zoning ITom th existing classification of Heavy Commercial (CHV) t Central Business District (CBD). (~'___'( go, , 'ç' ,,7 ¡J / - . .' __ ..;;~: ¿(V~LL . Lrv/ L -1-'1- i ,ß/I...L? .¡ L é 0 Signature of Owner £ d IA.-'q rd A pp I.0ftry\ Name of Owner (Printed) STATE OF FLORIDA COUNTY OF OKEECHOBEE Sworn to and subscribed before me this& / day of 'LlJ' , 2004 by Fdk.1[vc/ Aoo)e/fúh who is personally known to m and who did not take an oath. Y I I ~,~ . L/ rJv 'Q AÁ.Y\-----' Not<!{Yj'Public - Sta> e ofFI~ a SEAL v/ kJ:J Lyn Ý) ..7-fq rðh ¥":;'IP&~'t. VIKKI L NN AARON , '" ~~MYCOMMI ION# 00027331 \ ....~.:~ -1'1', Jf 1\':,''' EX!'I R . : June 26. 2005 . l-¿..:0-.J..NOTARY FL Il.Joiary "'ervice & Bonding, Inc. l_ _____ · David M. and Rose M. Conlon Property Owners and Co-Applicants Owner's Statement of Consent to Applica ion We, David M, and Rose M. Conlon, being the re ord title owners of the Lots 11, Block 153, City of Ok echo bee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, F orida, do hereby consent to make application to the City of Okeechobee to request a change in zoning ITom th existing classification of Heavy Commercial (C ) t Central Business District (CBD). ~L- ])NiO (() VLd1) Name of Owner (Printed) STATE OF FLORIDA COUNTY OF OKEECHOBEE Sworn to an subscribed before me this';;¿ I day of lMViD _ LDN who are personally known to an oath. '1GA&,Aa,u,>-- ~.".y PII~<t. v t KKj LYNN AARON .¡o~ MY COMM!SSIUN # DD027331 ~ ~ ~ES - Ct- '6 'OO~ ., ~ SÉ .". - ,- - Notary Publi~ - Sta ofFl1~a ~OF"'\S . .- Inc. Vi kKl l'll h Y1 -/ ~ 1-OOO-3-OOT RY FL a¡y Se<v1œ " BonCInQ, - . Christopher W. and Gail M. Newman Property Owners and Applicants Owner's Statement of Consent to Applicati n We, Christopher W. and Gail M. Newman, being t e record title owners of the Lots 3 through 6 and Lot 10 B ck 153, City of Okeechobee, according to the plat t ereof as recorded in Plat Book 5, Page 5, Public Re ords of Okeechobee County, Florida, do hereby consent to make application to the City of Okeechobee to request a change . . rrom the existing classification of Heavy m zonmg Commercial (CRY) to Central Business District ( BD). Christopher W. Newman Gail M. Ne man Name of Owner (Printed) Name of 0 er STATE OF FLORIDA COUNTY OF OKEECHOBEE Sworn to and subscribed before me this /);'). day of 'f/L , 2004 by ~'hrh '-;- Qa,' I /'J¡¿ it)}'7Ì Ci Yî who are personally knòwn t me and who did not take an oath. ~/¡jr £ ~ I ~¡¿L/-M (!uLà~ ~~1 ~ ŠIKK! LYNN AARON Notary Public - ate of Florida ~ ~ M - E~SSION # DD 027331 V:> kK¡' LI-I n í"' .jfCl VÖÌ' ....l'tOF "'~.. ¡C.,:O!I{f'.5: June 26,2005 1-800-3- IOT'11 " i'L Notary Service & Bon41ing,lAC. ,~ ~, STÞ,IT:-~J:_LR~~Cf~ \ ~b 337 mE 263 r~ - (jocl}~\~El~PJ'<;ii"J - I ~;; «> f,1PT.OF k~VEtM~:I4;~A 5 6 0 00 I :~, :: ~ ,:;:,,~~=_:':{TIt?) -'-- \ - --------- ~m~ 3-15-37-35-0010-01530-0120 0.- Ø1 '11N: 1Spe<e /UxNe 'DùI1JM Par RecordIII¡ Dalal Warranty Deed nJs 1Ddeature, Made this ~ l.sf dayoC August . 19 A.D. . Between MILDRED B. FEREBEE, SURVIVING SPOUSE OF WARREN IL EE,DECEASED, , NOW A SINGLE WOMAN, aldleo-tral OKEECHOBEE ,Slaleal Florida ,grantor, Dd wmDDEN ENTERPRISES, INc., a corporation existing under the aws or the state or FLORIDA "tøudd...II:221 E. NORm PARK STREET, OKEECHOBEE, Flori aldle CDuaIJ al OIŒECHOBEE ,Slale al florida , grantee. Witnesseth 1!Ia1\be OMNI'OR. fer....s III coaoIdcrItIoII 01 \be ...... 01 ........... ..................... TEN & NOjl00($10.00) ......... ........... D01L\RS, Dd aliter ...... ....s wi." CDDOIcSendooIIO ORANrOR ill baIId paid by ORANml!, \be paled, berpIaed Dd IOId 10 \be.os ORAN11!B ....s OKANI1!B'S .......on....s.... . die roDøwIa¡ ...........1aDd, .m.te, !JbIIDd bda¡ Ia die c:ouaI)' 01 OKEECHOBEE .... al F1 rida 10 wit: , LOT 12 OF BLOCX 153 IN THE TOWN OF OKEECHOBEE, CORDING TO (-P,,) PLAT THEREOF RECORDED IN PLAT BOOX 2, PAGE 17, UBLIC RECORDS J'P OF ST. LUCIE COUNTY, FLORIDA, SAID PLAT ALSO BE NG RECORDED IN PLAT BOOX 5, PAGE 5, PUBLIC RECORDS OF OKEEC OBEE COUNTY, FLORIDA. S~D LOT LYING IN AND COMPRISING A PART OF SECT TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUN7Y, FLO Subject to restrictions, reservations record, if any, and taxes subsequent to 1991. ....s die plllOt doca bercby MIy WUJUldIe dtlc 10 aid \&Del, ....swill dclOllclI!lc I&IDC apiIIIC ID WltDesa Whereof, die plllOt bao bcrcwIlO oct Iocr baIId....s ocaI \be SIped, ISIcd aDd tIeIf-ftnd In oar praeuœ: ~~~. - ~ ~hL{~ .'.-"'-"'I'.~_..", (Seal) /s y CIlL:: ,. ,:. ~. Wltnea r. ._~ 243446 2AU~,_~~.,P¡13:;'" (Seal) GL\;.. '."....,1 CLERK OF Ci¡\l, II l,';:":\ (Seal) STATE OF Florida COUNTY OF OKEECHOREE 'I1Ie ".,.,... ___ _ ~ bel.... _ IhiI ~ /.$ 40y 01 August, 1992 by MILDRED B. FEREBEE, , .........,~.~ wbo..pe-ø,~IO_cntaobaopoocl_IocrDRIVER'S UCENSE ,...""~~..!-...~.~ ..1tScadIIaIIoa Dd wbo cIId lab .. ..IlL · ~~ "-.... "'~ ¿. nío eœ- PrcpuecI Dr. :' ~ OT AR,.. \... . .~ t....c SIŒIU Sl!l.VBY . i = OIJ!B.TNmB'lTI1Bco. '" .... ....!' ¡ ....~" ........... ",Q ~' ~ H.". 10 n'IU!Irr. P. 0. BOX uti "",.r OF n,O'- """ f"" "", ,fe£! ~ ~. Pð ~:to 5 0 8 1m I l. 6 8 "'J)o<!. 1).,f)·ID ntot Thk Ihtom,nl rr~r.n" II)" ud Mriur" ,.: COIl1tLY " CONELY. p.r,.. TOM W. CONELY. III 401 N.... 'TH S":"'EBT P.O. DRAWER 13 67 OltEECH08EE, rL 3"73·1367 r.m1IJ ~.n.h'" 3 -15 - 3 7 - 3 5 - 0 0 1 0 - 0 15 3 0 - 0 11 0 Warranty Deed This Indenlure, Madclhls 18th da~ of August . 2003 ,\,). ßelIVcen CECIL W. NEWMAN and ANN E. NEWMAN, his wife . ' the County of Okeechobee SL11e ,,-,I . s:ranlors, :and DAVID M. CONLON and ROSE M. CONLON, hiB wife who.." ¡ultft\"'.. .. 180 NW 3rd Avonue, Okeechobee, t!. 34972 "r Ihe ("lIunty "e Okeechobee , :-;~h: or' Flor . ¡:ronlecs. 'Viloesselh I~tlhc liH.^",10ItS, Î>r.1l~ In ('OflJtOCI.1!iC'1I ('(Ihe sum"r ------------------------TEN DOLLARS ($10) --------- ---..--______00 DOLl.AMS, IIn,1 f'lttl.1' £OrI,d and ul",aMe cúlI"deUlu)o Itl G}{A:-": rOi{S !II h3nt! raid ..~ GRM':Tl!1.!S. the It'( Irt ..he.cuf it lu:rcby ilcir.nu.....lnICC1I. ha,,"c "ranl\'J. b.u,'lIncù and ,~.IJ !u è:c ~.1IiJ (iK""''TFFS .:;¡J GR^NTrE~, hCIIJ, ~ucc...n,.r' :U'1d .,.¡~jr;II-' t rever, Ihe (1l1o"","~ de.~cflbl:tJ J:lI1d. 5Itu.aIC. 1)'inK:tOO f,clnl in lJu~CUU"IY or Okeechobee Sta~ ur Flor da In ....~I Lot 11, Block 153, OKEECHOBEE, according to the thereof recorded in plat Book 5, Page 5, public recorda of Okeech County, Florida. Subject to restrictions, reservations and easeme ts of record, if any, which are not reimposed hereby, and taxes 8 bsequent to December 31st, 2002. film FiW fiE OHD r:l. U:r.:4C\~( ~ (;01,111. Y. n ,', 3959~m 03 ^UG 1 8 PH I: 47 '/',A,,\ ',:;'j r. úUE TS0/4 ÇlEh~ or C'HCUI COURT .n,J 'he r.1anf"I\ ,I" h~lr"~- li,l1:- \\.tll.nl Ih" ;.1:\' I" \.'L~ ';¡I\.I, ¡¡II;! ,,:11 ,:('ft",1 t!lt' Clllnþo," 'r,0I':1.1 1..",h,1 c1.11111\ ..f .1I1! 1,~",,1. I4h.'"'..'("·"1 III \"ïllu.'\3i \\1u."rcur.t:1C tf"'~:"'-' I:a\t !..'II(IoIII, )1:: "'¡'II !I.UIoO!.. ¡Oll,I \4:31. 111... JIIo)' 311.1 )'~a' ,i,,,,: al'".(' "1111('1: Sll:n"d, ~('al("d and tlcll\'\'rt't..I in nur prt"\("l1c(': ~~ ..-- (ScalI ~ , ~ ,---' kEWMA1: ISc"I) ~IIr l.tne ¡'(, ,\.1.1"." 100.. .\'" "'h 'url, Uk.........hn. 1-.. .'''''4 STATE UI' FLORIDA COUNTY OF OKEECHOBEE nul' f.'r~·"'ln; 'TI't",,"h'n~ "'.\ .1IC~O·,"" .(¡I~~II '" I, .". ,.... !',~ 18th ,I.. d Au ust .2003 I.) CEC:L W. nEWMAN and Am; E. NEWMAN . hi. wi 'f. ò;:",;. [\.\ Ill; r:,:I.ë:~·1 -... . ... . .. , '. . . . . ~ . J':," - .... .':1' . . .' -...~~ ----- -.- '0 , -.~- MORTGAGe DEED 1"0 CO"~""T10" ,...0l1li .MD....toU".. O.R. r1G¡iöïà'- fsl 11001<. 1his mortgage Ex"C'u',.J ,I." 15th day 0' August A. D. 1980 '" OIRISTOPHER W. NEWMAN AND GAIL M. NEWMAN, HIS.WIFE h",,,¡no",,, call~ ,I." mo"gogo" '0 OKEEQ-IOBEE roUN'Ii' BANK a co,po,aUon ullUng unde, ,I." law. o( ,he Sla'e o( FLORIDA . will. II. perman.nl po.loUk. adel..." 01 P. O. Box 218, Okeechobee, PJ.orlda h"...lnal'e, calkd ,,,- mo,lgogH: (WMrewr -.t4 Mt-ft. .. ...,.... .._ort~·· ..d U--'f"II""" ¡.d.._ .11 ... ,....... .. .... ... =~':U":-I=.. ·:...i~L:ri~iit ~ "d...:.d",:~ ~ aM ....- .. ~.....; '"' 1tfitntsseth, 11.01 /0' good and "a/ua"'" !"ruld"raUoru. and 01.0 In 0/ II.. fII1A""- gal" .um nam"d 'n ,I." promlnory nol. 0/ """n .10/. h",..wlll.. h"",'na/'. ¿.. ,,"". ,h. mortgagor It....· 1>, gran I.. "argal".. .,,11.. a/l"ru, ,,,,,,be.. con".,. and con/lrms unlo II.. marlg all ,It. cmaln r-d 01 which II." mo"gago, II now ...,:".1 and In po.....,¡on .lIual. In Okeecho Coun". Florida. "I:: Lot 10, Block 153, CITY OF OKEEOIOBEE, accordinq to the plat thereof recúrded in Plat Book 2, paqe l70f the public ecords of St. Lucie County, Florida, and also recorded in Plat Book 5, paqe 5 of the public records of Okccchobcc County, Flor'da . ' ·.....·A~ "i'f' <-Ie! c! r~ t'Mt i",~ ¡;;¡;';';¡'iÌ(m-. ita ""'r"v <<-n'",:' .ne! ."m V( ~~::;;;,D ~,~";:,"~~;:~;i;,~:,:~?f~):~:~~,, ,:".:,; Ii" 1.l1f" 1)0 '.~ '-Ji-I ;0, ..J 1s~;;';<¡ :.1 ",' TI--;o; r""".....~''":~~.: ,\--, ..., ~''''r:'¡~!'' ~"''' r"·..m,,nt "f ony ¡ ..- ~v ~ ...... ~',,1·19 1"''1 '~'3 1 -;..,---- .: -', ' .,' - " .~..... . ....~.,. !. .~.. , ' ,'I ' . "-', ':J" ",' .,. . ",.....~:.. I:' 0'. .J :"'..1 ",,:, :,,~¡ ," .......;'1 V' -, , .. .- '-, ~'..'('_:'r.j .~.."\'i ~(,~ '..f. Ce'CO S 80,000.00 . .~..'.. ~..,o::- ti~--:,'. :tn< N0· viCCG fur,t.,... .-~, . ~,~"'-:-.;~ ()r 10.H':S sh[,:; be tv:.":"''':fO:1 r" .d:~J:,.:;....r,i~C~ ;n;"t;~mcr.ts to iil'Voke , the terms h€'ooí. ¡ , , ~~;t.,..:.' (:~ r- '; ,~n¡~rl.J?~ I :,,),. "',,~1: .IT"~! _~._.: ,: 511\ f,' fI U\)/I r '.- " - =,.- - >......' ..~ - ,--, t I ' ! '" " ., ' ""J:Þ! .. ,. -, =:: I "'''' ,. v4~-:?7- 2 0.00 I ,~ " ___ _. . ~.. ~ '~. - - _____ I t I C-1 FLOHlDA I ¡ - ¡ , R(C£1M N0.5--!~t;'~ ~tJrn_ J::15-.§ ð .. i For PiT,l~nt d 1r.L:r'f.'::lr)' Ch'.~ C l.:x In the ,amoufo~_l~o.. ~U- ( ~1lL1 J ~q¡f. ';/ (.~Ik vi (;¡r~ï ~~rt'- " 236 f!(;: 1019 :....; - . ~ City of Okeechobee Date: \ () \ ':) ~ \ 0 ~ Petition No. Ol\.-(') 'r,- Q General Services Department Fee Paid: \() I ~~ IO'-l Jurisdiction: PR + ~~ .: " 55 S.E. 3rd Avenue, Room 101 1st Hearing: , \\ a~ 10'+ 2nd Hearing: '~J, -t \ /4 Okeechobee, Florida 34974-2903 Publication Dates: J I f 5 f is I (XJ -¡)ß I 2./72 ro . Phone: (863) 763-3372, ext. 217 Fax: (863) 763-1686 Notices Mailed: Uniform Land Use Application Rezone· Special Exception · Variance V' Name of property owner(s): Christopher W. and Gail M. Newman A Owner mailing address: 207 NE Park Street Okeechobee, FL 4974 p P Name of applicant( s) if other than owner (state relationship): same L I Applicant mailing address: same as above C - A Name of contact person (state relationship): Vikki Aaron - agent N T Contact person daytime phone(s): 863-467-4768 F x: 863-467-4618 V' Property address / directions to property: 200 Block NE Park Street & NE Second Street Indicate current use of property: COmmercial Describe improvements on property, including number/type of dwellings and whet er 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 P Is there a current or recent use of the property that is/was a violation of county ordi 1ance? If so, describe: No R 0 Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, P nature and applicant's name: None known E R Is a sale subject to this application being granted? No T y Is the subject parcel your total holdings at that location? If not, describe the remai ing or intended uses: Yes Describe adjoining land uses / improvements to the North: Commercial , South: Public Use East: Res. & Comm. ~ est: Commercial Existing zoning: CHV Future Land Use classificati< n: Commercial Actions Requested: W Rezone L-J Special Exception L-) Variance Parcel Identification Number: R3-1S-37-3S-00l0-OlS30-0030 (007C )(0100)(0110)(0120) V' Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The infonnation inelue ed in this application is for use by the City ofOkeechobee in processing my request. False or misleading infonnation may e 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. " ~Û /t; ë;2 ¡)~¿ L/ ~ Y. f L W. ~-6' <Y6tZ ¡ / 1f/¿¿V41A"I/ SignatÚre~ ~ .......--... Printed Name Date ~;¿(/ í! V 1.. mfonn Land Use Applicatio'i (rev. 1/03) Page 1 of 2 ·. . _.. , Current zoning classification: CHV Requested zoning classificati n: CBD R What is your desired pennitted use under the proposed classification: The ex is ing commercial uses are E proposed to remain the same. The applicants are seek ng relief with regard Z to parking, loading areas, on-site retention and the ike. 0 N If granted, will the new zone be contiguous with a like zone? Yes. There an various commercial E zoning dsitricts within the general area. Is a Special Exception necessary for your intended use? No V riance? No Describe the Special Exception sought: I-- S P E C Provide specific LDR ordinance citation: I A L Are there other similar uses in the area? Is so, describe: E X C E Why would granting your request be in the best interest of the area and residents? p T I Ifbusiness, briefly describe nature including number of employees, hours, noise ger eration and activities to be 0 N conducted outside of a building: Describe Variance sought: I-- V A R Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? Unifonn Land Use Application (rev. 1/03) Page 2 of 2 g~o 113 8 ~~GEI 656 0J .t Ct Oö ~c $ 3, ¡~S.Cf¡ mN~r. 3-15-37-35-0010-01530-0070 By: D.C. 0...... " TIN: Dø. Warranty Deed This Indenture, Mldclbis lL day or May,2000A.D.. ESTEE INVESTMENTS, INC. , a corporation existing under the state of Florida or tho CDu.'Y or Broward su..or Florida Ind FIRST BANK OF INDIANTOWN, a ~orporation existing under of the state of Florida _odd_Io:P.O. Box 365, Indiantown, Florida 34956 or Ibl CDu.'Y or Martin . s.... or Florida uantee. WItnesseth Ihallho OMNl'OI\, lot Ind 10 _ndo. or ,bl ,u.. or - - - - - - - - - - - - - - - - - - - - - - - TEN' NO/100($10.00) - - - - - - - - - DOUAJl5, and oIM' aood Ind "Iuablo -.ldcnlloo 10 OMNl'OIt 10 ho.d paid.., OItAHl1!l!, ... _ipl....root. lie _p4.u. .....04, blrpiM4 Ind IOId 10 'M Slid OMNreB .... OI\ANTl!B'S _.... .....,.,.....'. ... I .&-...... A'UI'l,trt.ltnd bel.11o 'ho CDu.'Y or -okeechobee .... or Florida .""k: Lots 7, 8 and 9, Block 153, OKEECHOBEB, according to the plat thereof recorded in Plat Book 5, Page 5, public records f Okeechobee County, Florida. SUBJECT to restrictions, reservation. and ea.ement. of r cord, if any, which are not reimpo.ed hereby, and taxes .ub.eq ent to December 31st, 1999. FlU U i (!:¡ hi COHn OKI f ' ,~' ::,¡ L co. FL. 33162('\ OOH~v 111 PH!?' 01 ~)}f .1. r.: ~;;: . ""II I. L r H' , ; : . .:Ji{l" .ftd 1M ¡rantot don ht..by IwftJ ..1T1f" lite tld, to Mid laM. .ad win defend 1M allM .ph.. &twf. d.N 0118 pi wIIomoocwr. In WItness Whereor, tIM ImllOl' tUII IM'rnato HI "" urwt. .... .110 .., Ind .bowe muctl.. SI¡¡ned. seal.d aad delivered I. our prescacc: EST INVES C. C o.t:r (Seal) STATE OF FLORIDA (Corpora e Seal) R COUN1Y OF BROWARD E Th. lo..p.& 1011"''''.1 _ ..,tll<JWt,dl'd beron ... Ibi< ~ 4"1 or H y, %000 .., T SCOTT RIZNICK, Vice President 0 T INVESTMENTS, IHC. , U a Florida Oorpon.1oo, R 011 !>chol/or".. corpon'loo. III .....-.nytnowo '0'" OI~" ptod...d~. Drivers Licens. N .,idc.,IIIao.1on. 1\10 Doao...., r..paRd By: T TONW.OONI!LY.m o...r-- 0 OONIJI. Y .. OONI!L Y. r.A. Printed N rt.++1 rosr OI'l'lC! DM WI!IlIJ67 NOTAIlY I't1DUC Suta. 1 Moretti ~ICI!IICIIOmm.1'L :M7n-1J67 Myea..._ e.,... MY COMMISSION , CC111m EXN£S ~\')"I:lJ!M'...'7i=. Morcb 19 200 . r ~ '.. . . .-."-.-. --- ----- ------ - -.--- , I:y::......:.i~~ ,.'.,.......""':.'",,:;~..........~»k ,;.~~... ---"'... .-..----... ." "'.. ,. -' ....---. ... .:. --010 .tt ~~ "';1 ~. - ~ ... ", .......- .. . 0 It . ~;:.:, . 8åo~ 251 me 591 f'¡j¡{.!..... ~~. ~~~, - t, fi¥'/:!:Z~ æ::'j=),i""..t;<:')I' ¡ai~~~ STATE OF FLORIDA ;'CW>\'. . ';':'//':1 COUNTY OF ~v ::.:: ~-: ~:: /;~ ',", 1 ~:·t·\'j I HEREBY CERTIFY that on this day, before me, an officer duly ',,:,,X/-¡ authorized in the State and County aforesaid to ake acknowledgmßnts, ~t>.·'.·,.,.1 personally appeared HERBERT L. FREEL, as Trustee of the MODERN DAIRY '.."'" FARMS, NO.1, INC., PROFIT-SHARING PLAN AND TRUS , well known to me '. ·1' to be the person described in the foregoing inst ument and he ".' acknowledged to and before me that he executed t e same in the , presence of two subscribing witnesses under auth rity duly vested in him. .J , WITNESS my hand and official sedl in the and State last aforesaid this ...3t2.!:!:: day of /.?t¿9" (,A- , 198 U ,;'~¡,~,'''':I~" NOTARY PUBLI ~, .': "','" ./ .....' 'H~é>~a%'1;~l Seal) .! ;,~,/'., . .....\ .:: My Commissio Expires: ., .' I . ."" a ; i .. J i{' ~ Mlle. St.Ie 01 FIoriå ., ÚI9' .~ .,. . :..... L.L - ... ',,' \. .:..... ¡.:' My COIIIfI!Inlulen ~ -T "7, "; :"}c·~;,::.,:,.~:~",:;,.:.:;...::? '-.......' ... ~ .. 0 N - Go '.' t- ~ ""'~ : - I~ N I ~cn . ;a , lþï ~.~. .... . ,. -_........ " .... C::TATE 0,.. Ftü.'Ã~I~Al ~,~ ... Õ(jCu.M~NTAR_. -'- AMP ~.x,J ':;1 - ~m Of lIuriiifi .. .~ .., g.,. § tcm'l' ' Z 5 Z. 00 I ~ :~: ª '~'-_. -~._*-- - --..-j - 2 - - ~~;')1- 591 231 P02 NOt) 11 'J,;,j 15:83 . - § 90·312 OKEECHOBEE CODE . (2) Retail service, retail store including out~ (3) Radio, television 0 cable reception, trans~ door display of merchandise. mìsaion or op$rati nal facilities. (3) Restaurant. cafe. (4) M~cha.nical and r pair services. (4) Personal servioe. (5) House of worship. (5) Dry cleaner, laundry. (6) Marina, dock, pie (6) Private club, nightclub. (7) Public facility or se. (7) Craft studio. (8) Public utility. (8) Business school. (9) Permit'"..ed uses i excess of 45 feet in (9) Commercial indoor recreanon. height. (10) Commercial parking garage or lot. (0) One dwelling Wlit per commercial build- (LDR 1998, § 391) ini. not exceedin two bedroom$ or 800 square feet. Sec. 90-313. Special exception use.. (11) Outdoor vlithicle s The following uses and structures are permit- (LDR 1998, § S92) ~ ted in the CBD district after issuance or a special Sec. 90-314. CWltom accessory uses. exception use petition and may have additional conditions imposed at the time of approval: Each permitted prinei a.l use and sptcial ex- 0) Drive-through service. ception use in the CBD d' trict ia also pennitted to have the customary ace BiOry use:¡¡ for that use. (2) Auto service station, car wash. (LDR 1998, § 393) Sec. 90-315. Lot and structure requireD)entK. Except where further restricted by these regulatíons for a particular use, the minimum lot anà structure requirements in the CBD district øhall be as follows: (1) Minimum lot area. All U58S: Area ABn ed to comply with requi eroents set out in this divisi n. Width None {2) Minimum yard requirements. Except where a greater distance is required by these regulations fo a particular use, the minimum yard setbacks shall be as follows: a. All uses: Front None Side None or at least eight feet; 20 fe t abutting residential zonin district Rear None; 20 feet abutting a res- identi 1 zonin, district b. The width of an adjacent street or alley may be applied to the iner ed setback required when abutting a residential district. CD90:24 ~ . Staff Report Applicant: topher and Gail Newman Rezoning Request Petition No. 04-010-R Based on the above Rezoning criteria being met. the request to rez ne the parcel from CHV to CBD is recommended to be approved as it is consistent \\ith the Co prehensive Plan and Land Development Regulations. Submitted by: James G. LaRue, AICP Planning Consultant November II. 2004 4