0920 Rezoning ORDINANCE NO. 920
• 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 HOLDING (H) ZONING DISTRICT TO
RESIDENTIAL SINGLE FAMILY-ONE (RSF-1) 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
Number: 402 in which a revised Official Zoning Map was adopted for said City; and
WHEREAS, the owners, Raul and Kathey Gamiotea, of the property more particularly
described hereafter, has heretofore filed Petition No. 05-012-R, pursuant to the
Land Development Regulations of the City of Okeechobee for the purpose of
rezoning a certain tract of land consisting of 3 acre(s) from Holding (H) Zoning
District to Residential Single Family-One (RSF-1) 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, be it ordained before the City Council of 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 Office for the City; that:
SECTION 1. LEGAL DESCRIPTION.
The following described land, located in the City of Okeechobee, to-wit:
ALL THE NORTH-HALF OF THE NORTHWEST-QUARTER OF THE
SOUTHWEST-QUARTER OF THE SOUTHEAST-QUARTER OF
SECTION 22,TOWNSHIP 37 SOUTH, RANGE 35 EAST, LESS AND
EXCEPT THE NORTH ONE HUNDRED THIRTY-TWO (132) FEET
THEREOF,TOGETHER WITH AN EASEMENT FOR INGRESS AND
EGRESS OVER THE WEST THIRTY (30) FEET OF THE SOUTH
TWO HUNDRED THIRTY-EIGHT(238)FEET OF THE SOUTH-HALF
OF THE SOUTHWEST-QUARTER OF THE NORTHWEST-
QUARTER OF THE SOUTHEAST-QUARTER OF SECTION 22,
TOWNSHIP 37 SOUTH, RANGE 35 EAST AND OVER THE WEST
THIRTY(30) FEET OF THE NORTH ONE HUNDRED THIRTY-TWO
(132) FEET OF THE NORTHWEST-QUARTER OF THE
SOUTHWEST-QUARTER OF THE SOUTHEAST-QUARTER OF
SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST.
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 Holding (H)
Zoning District to Residential Single Family-One (RSF-1) Zoning District.
Page 1 of 2
SECTION 3. CONFLICT.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
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 6t'day of December,
2005.
•
rat. -
James E. Kirk, Mayor
ATTEST:
) X_.< lit / 7
Lane Gamiotea,CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 3rd day of January,
2006.
C
Ja es E. Kirk, Mayor
ATTEST:
//12‘
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Page 2 of 2
November 15, 2005 - Planning Board - Page 2 of 8
IV. NEW BUSINESS.
A. Rezoning Petition No, 05-012-R. Consider a recommendation to the City Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows:
Council to rezone the property with the parcel identification number being 2-22-
37 - 35-0AOO-00042-0000 from Holding (H) to Residential Single Family - One Planning Staff Report Summary: The zoning request to RSF-l will accommodate the proposed
(RSF-l). The subject property is located at 1109 Southeast 9th Drive, The use of single family residences on the property. As it is now, the applicants would be unable to
property owners are Raul and Kathey Gamiotea, the applicant is Jamie develop the property under the Holding Zoning District, thus making this request necessary.
Gamiotea.
.
.
Planning Staff Report Analysis: (A) The Single Family Future Land Use category allows the type
of (Residential) being proposed by the applicant. (Policy 2,16). (B) Section-90-102 (1) allows
single family dwellings as a permitted use. Additionally, the Code would allow the applicant to
construct up to 4 dwellings per acre even though they are only requesting 2 dwellings for the 3
acres. (C) The single family use will not adversely affect the public interest. (D) The proposed use
and zoning is appropriate with the location and would be compatible with the adjacent land use.
(E) The proposed use will not adversely affect property values or living conditions in the area. (F)
If needed, the proposed use can be suitably buffered from surrounding city. The applicants will be
fencing the perimeter of the property upon receiving approval. (G) The applicants are only
requesting 2 units on 3 acres, the density is well below what is allowed, Thus, the use will not
overburden public facilities. (H) Traffic congestion, flooding, or drainage will not be a problem if
this request is granted. (I) The only restrictions placed on this property are those imposed by the
Land Development Code and Comprehensive Plan. (J) No special privileges will be granted to the
owner by allowing this request.
Planning Staff Report Summary and Conclusions Prior to Certification: In closing, the
applicant's request meets the criteria above and the RSF-l zoning would be compatible with the
Single Family Future Land Use category.
Planning Staff Report Recommendation: Staff recommends approval of the request to allow
rezoning from Holding to RSF-l permitting the applicant to construct single family dwellings on
the property.
Katrina Cook, General Services Coordinator, noted for the record that Ms. Glenda Carver,
surrounding property owner, was unable to attend the meeting however wanted the Board to know
that she was in favor of the petition,
There were no pubic comments, nor any discussion from the Board.
November 15, 2005 - Planning Board - Page 3 of 8
IV. NEW BUSINESS, CONTINUED.
A.
Rezoning Petition No. 05-012-R, continued.
.
B.
Rezoning Petition No. 05-013-R. Consider a recommendation to the City
Council to rezone the property with the parcel identification number being 2-21-
37-35-0AOO-00006-BOOO from Holding (H) to Residential Single Family - One
(RSF-l). The subject property is located between Southwest 7th Avenue and
Southwest 1 Oth Avenue and Southwest 9th Street and Southwest 15th Street. The
property owner is Frank Altobello, the applicant is 15th Street Holdings, LLC.
.
Board Member McCoy motioned to recommend to City Council to approve Rezoning Petition 05-
012-R, changing the zoning from Holding (H) to Residential Single Family-One (RSF-l);
seconded by Board Member Whidden.
VOTE
BURROUGHS-YEA
JOHNS-YEA
KELLER - YEA
LEDFERD - YEA
MAXWELL - YEA
MCCOY - YEA
WHIDDEN - YEA
MOTION CARRIED.
Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows:
Planning Staff Report Summary: In the application submitted by the applicant it was stated that
this area would be used for single family residences. The property is vacant and unplatted and this
request could allow the applicants to develop up to 62 units on the property. The applicants also
stated that the development of this property will be done in 3 phases, this rezoning request being
the 1st phase. The 2nd phase would be to plat the area as a single family community. The final
phase is to develop a multifamily development on the northern portion of the property. At this
time, it is unclear how the third phase ties into this rezoning request, but staff is in pursuit of
clarification and will keep the City abreast of the applicant's intent. The subject property is vacant
and has a Future Land Use Map classification of Single Family. The request to rezone this
particular area will make the zoning consistent with the Future Land Use Classification and will
allow development that is compatible with neighboring properties.
Planning Staff Report Analysis: (A) The Single Family Future Land Use designation allows for
a maximum density of 4 dulac. Before these lots are developed, action must be taken to ensure that
the density will not exceed this requirement. The lots will also have to meet the RSF-l minimum
I
I
I
DECEMBER 6, 2005 - REGULAR MEETING - PAGE 8 OF 18 4 1 9
X. NEW BUSINESS.
A. 1. a) Motion to read by title only and set January 3, 2006 as a final public
hearing date for proposed Ordinance No. 920, regarding Rezoning
Petition No. 05-012-R, property owners Raul and Kathey Gamiotea,
to rezone an unplatted 3-acre parcel of land located in the
Southeast section from H to RSF-1 - City Planning Consultant
(Exhibit 3).
b) Vote on motion to read.by title only and set final public hearing date.
c) City Attorney to read proposed Ordinance No. 920 by title only.
2. a) Motion to approve the first reading of proposed Ordinance No. 920.
b) Discussion.
Council Member Watford moved to read by title only, and set January 3, 2006 as a final public hearing date for
proposed Ordinance No. 920, regarding Rezoning Petition No. 05-012-R, property owners Raul and Kathey Gamiotea,
to rezone an unplatted 3-acre parcel of land located in the Southeast section from H to RSF-1; seconded by Council
Member Williams.
KIRK - YEA
CHANDLER - YEA
VOTE
MARKHAM - YEA
WATFORD- YEA
WILLIAMS - YEA
MOTION CARRIED.
Attorney Cook read proposed Ordinance No. 920 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 PARTICULARL Y DESCRIBED HEREIN, FROM HOLDING (H) ZONING
DISTRICT TO RESIDENTIAL SINGLE FAMIL Y-ONE (RSF-1) ZONING DISTRICT; AMENDING THE ZONING MAP
ACCORDINGL Y; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DA TE. "
Council Member Markham moved to approve the first reading of proposed Ordinance No. 920; seconded by Council
Member Chandler.
Planning Consultant Mogan explained that this Ordinance amends the Zoning designation from H to RSF-1 for a
vacant 3-acre unplatted parcel of land located 1109 SE 9th Drive. The application was submitted by Jamie Gamiotea
on behalf of property owners Raul and Kathey Gamiotea.
The Planning Staff and Planning Board are recommending approval based on the following criteria: Planning Staff
Report Analysis: (A) The Single Family Future Land Use category allows the type of (Residential) being proposed
by the applicant. (Policy 2.16). (B) Section-90-102 (1) allows single family dwellings as a permitted use. Additionally,
the Code would allow the applicant to construct up to four dwellings per acre even though they are only requesting
two dwellings for the 3 acres. (C) The single family use will not adversely affect the public interest. (D) The proposed
use and zoning are appropriate with the location and would be compatible with the adjacent land use. (E) The
proposed use will not adversely affect property values or living conditions in the area. (F) If needed, the proposed
use can be suitably buffered from surrounding city. The applicants will be fencing the perimeter of the property upon
receiving approval.
420
DECEMBER 6, 2005 - REGULAR MEETING - PAGE 9 OF 18
X. NEW BUSINESS CONTINUED.
A. 2. b) Discussion continued.
c) Vote on motion.
B. 1.a) Motion to read by tile only and set January 3, 2006 as a final public
hearing date for proposed Ordinance No., 921, regarding Rezoning
Petition No. 05-013-R, submitted by Devin Maxwell to rezone an
unplatted 15.44-acre parcel of land located in the Southwest section
from H to RSF-1 - City Planning Consultant (Exhibit 4).
b) Vote on motion to read by title only and set final public hearing date.
c) City Attorney to read proposed Ordinance No. 921 by title only.
Planning Staff Report Continued: (G) The applicants are only requesting two units on 3 acres, the density is well
below what is allowed. Thus, the use will not overburden public facilities. (H) Traffic congestion, flooding, or drainage
will not be a problem if this request is granted~ (I) The only restrictions placed on this property are those imposed by
the Land Development Code and Comprehensive Plan. (J) No special privileges will be granted to the owner by
allowing this request.
Council Member Markham asked whether or not the applicant understood that the property would need to be divided
with two parcel identification numbers and deeds to build two homes. Mrs. Morgan advised yes. Council Member
Watford briefly discussed the issue that there is not a dedicated city street to this property. Clerk Gamiotea advised
that was correct and that there is a 3D-foot wide ingress and egress tied to the deeds to this property with Airi Acres
Subdivision and the Carver parcel.
KIRK - YEA
CHANDLER - YEA
VOTE
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
Council Member Watford moved to read by tile only, and set January 3, 2006 as a final public hearing date for
proposed Ordinance No. 921, regarding Rezoning Petition No. 05-013-R, submitted by Devin Maxwell to rezone an
unplatted 15.44-acre parcel of land located in the Southwest section from H to RSF-1 ; seconded by Council Member
Williams.
KIRK - YEA
CHANDLER - YEA
VOTE
MARKHAM - YEA
WATFORD- YEA
WILLIAMS - YEA
MOTION CARRIED.
Attorney Cook read proposed Ordinance No. 921 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 PARTlCULARL Y DESCRIBED HEREIN, FROM HOLDING (H) ZONING
DISTRICT TO RESIDENTIAL SINGLE FAMIL Y-ONE (RSF-1) ZONING DISTRICT; AMENDING THE ZONING MAP
ACCORDINGL Y; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DA TE."
'"
City of Okeechobee
General Sennces Deparhnent
55 S.E. 3rd Avenue, Room 101
Okeechobee, Florida 34974-2903
Phone: (863) 763-3372, ext. 218
Fax: (863)763-1686
Date:
Petition No.
Fee Paid:
Jurisdiction:
Notices Mailed:
Name of property owner(s): RAUL & KA'DIEY L. GAMIOTEA
Owner mailing address: 83 wmJl'GRAM;ER Sf., ARCADIA, FL 34266
Name of applicant(s) if other than owner (state relationship): JAMIE GAMIOTEA (son)
Applicant mailing address: 824 SE 10th ST., Okeechobee, FL 34974
Name of contact person (state relationship): JAMIE OR IANEGAMIOTEA (son/daughter-m-law)
Fax: N/A
Property address / directions to property: 1109 SE 9th DRIVE
Indicate current use of property: VACANT
Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state):
NONE
Approximate number of acres:g
Is property in a platted subdivision? ~
Is there a current or recent use of the property thatis/was a violation of county ordinance? If so, describe:
~
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: ~
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:
Describe adjoining land uses / improvements to the North: SIM;LE FAMILY RESID~ (2 ac)
South: VACANT/lJNPIATTED
East: BLUE HERON GOLF CCXJRSE West: UNPLATTED/VACANT
Future Land Use classification: SIM;LE FAMILY
Existing zoning: HOLDIR;
Actions Requested:
~ Rezone
L-J Special Exception
L-J Variance
Pa~cel Identification Number: 2-22-37-35-0A00-00042-OOOO
t/
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 imPrisonm~7~ days and may result in the summary denial of this application.
~~ JAMIE GAMIOTEA /0-//- oS:
ature Printed Name Date
Uniform Land Use Application (rev. I/03)
Page 1 of 2
-
Current zoning classification: OOLDIN;
Requested zoning classification: RSF-1
What is your desired permitted use under the proposed classification: finish fencing the property
build barn/storage building. At a later date will be building 2 si.ggle
family residEHlCeS.
If granted, will the new zone be contiguous with a like zone?
Yes
Is a Special Exception necessary for your intended use? NO
Variance? NO
Describe the Special Exception sought:
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?
Ifbusiness, briefly describe nature including number of employees, hours, noise generation and activities to be
conducted outside of a building:
Describe Variance sought
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
Oct. 12. 2005 11: 28AM
IUIII~umIlII1U11~~II~'~~I~Wjm;liIlfl2
.
.
FILE HUM 2004014131
OR BK 00538 PG 1784
SHARON ROBERTSOM. CLERK OF CIRCUIT cou~
DKEECH06EE COUNTY, FL
RECORDED Oe/0~/2004 Q2:~2:08 PH
RECOROING fEES 10.00
OEED DOC 735.00
RECORDED BY G "~wbourn
TIllS INSTRUMENT PREPARED BY AND RETT.1RN TO:
. ~1U'~Ir'lA l. RA,-;ON
ElIte woo';' IIi.c~' ...
1120 South Parrott Avenue
Okeechobee, Florida 34974
Properly Appraisers Parcelldentificatiol1 (Folio) Numbers: WZ-37-3s.0AOO-00042-0000
Spate Above This Line For Recording Data
THIS WARRANTY DEED, made the 30th day of July, %004 by Michael A. Brown aud Edith L. B1'01I'1I, whose post
office address is %471 NE 6tI\ Stnet, Okeeehobee, Florida 34m herem called the grantors, to lQgJ Guafotca lDld
Kathey L. Gamiotea. hiB wite, whose pc>>t office address is 83 West Granger Street, Areadtll, Florida 34266,
hereina1\er called the Grantees:
(Wherever l4ed hu.in rII. W'1fIS "gl'tlfll(1". and HgrfJJttl!l!" mcluds all tlw parties to /his instnuneht and 1M lrBirs, legal npt"lwmtatives
and anig1ts of individuals, and the l'Ur:cessors and assigns if corporatit>>l8)
WIT N E SSE T H: That the grantors, for and in consideration of the sum ofTEN AND OOIIOO'S (SI0.oo) Dollars and
other valuable considerations, receipt whereof is hereby acknowledged, hereby grantS, bargains, sells, aliens, remises,
releases, conveys and confums unto the grantee all that certain bl1ld situate in OKBECHOBEB County, State of Florida,
viz.:
ALL THE NORm 1/1 OF THE NORTHWEST 1/4 OF THE SOlJTBWEST 1/4 OF 1'UE SOU'l'lD:AST 114
OF SECTION 22, TOWNSBIP 37 SOlJTB, RANGE 35, EAST, LESS AND EXCEPT 11B NORTH 131
FEET THEBEOF.
'l'OGETHER WITH AN EASEMENT FOIt INGRESS AND EGRESS OVER TBE WEST THIRTY (30)
FEET OF THE SOUTH TWO HUNDRED THIRTY.EIGHT (138) llEET OF THE SOUTH 112 0Ii' THE SW
1/4 OF THE NW 114 OIl'TIm SE 1/4 OF SECTION n, TOWNSJIIl> 37 SOum, RANGE 35 EAST AND
OVER THE WEST (30) FEET OF TBE NORTH om BUNDBED THIRTY-TWO (132) FElT OF THE
NW 1/4 OF THE SW 1/4 OF THE SE 1/4 OF SECTION 22, TOWNSHIP 37 SOUTB:, RANGE 35 EAST.
Subject to easemeots, restric:tIolllllJld I'I!8eJ'VlltiODS of reeord aad taxes for tbe year 2004 aod thor.lter.
TOGETlIER. with all thE! tenements, hereditaments and appurtenances thereto belonging or in lIllywise appertaining.
TO HAVE AND TO BOLD. the same in fee simple forever.
,
AND, the grantors hereby covenant with said grantees that the grantors are lawfully seized of said land in fee simple; that
the grlllltors have good right and lawful authority to seU and convey said land, and hereby warrant the title to said land and
will defend the same agllinst the lawtiJl claims of all persons whomsoever; and that said land is free of all encumbrances,
except taxes accruing subsequent to Deeember 31, 2003.
IN WITNESS WHEREOF, the said grantors have signed and sealed these presents the day and year fIrSt aboy.
Witness # 1 Signature
PATRICIA A. RAGON
-..." Prio1od N_ Q
~kQ~
witness~!MuIMflona
goUtl cR. ~
Edith L, Bro1l'll
Witne5$ ~2 Printed Name
STATE OF FLORIDA
COUNTY OF OKEECBOBEE
Tbe foregoing instrument was acknowledged before me this 30th day of ~ ~QQ.4.by Michael A.lirown and
Edith L. Brown wbo are personally known to me or ha"e produced lUStS. /...1c..E:&r;; as
identification.
.,~l~ PATRJOAA RAGOl'l
~. ,.IIYCOIIMISSIOl'l# DD03'lCt1
""+a'~ Iix,m8S:Jvtut.19,ZOO5
l--.,..aor_ PL-,_~-.. '""
SEAL
?A'fRfCIAA. RAGON
NotaI)' Name
My Commission Expires:
File No; 04-1731
10/09/2005 22:48 8637631h86
CITY OF OKEECHOBEE
PAGE 132
City or ObKhobee ~..ni.1 Department
55 R 3rd. Av__Okeedaobee, J'L 34974
ftoae (941) '63-3373 Pa (941) '6.1-1686
LAND USE POWER OF ATTORNEY
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UDdeni~ beins the record title owncr(a) of the real property delcribed above. do hereby
unto the AppHcant Itated above the fbD Jisbt III power of attorney to make application to
City ofOkeechobee to chaDge the 1aDd ~se of said property. This land U8C obanae may include
. of tile property, the 8fIDlin8 of.p,a... excepCionI or variaces. IDd appeals of deciIicma
fthe Pluming Department. It is undentood that CODditions, JimitatioDJ and restridiOlll may be
laced upon the use or openticm oftha property. Miutatments upon application or in any t.riDg
result in the termination of any special exception or variance and . proceectmg to rezone the
to the original clauiftcation. This power of attorney may be termit-atecl only by a writtClft
and notlrized statcmeot of such termiDltiOD c<<ccti.w upon receipt by the
WlTNBSS WHHREOF THE UNDERSIGNED HAVE SET THEJk HANDS AND SBALS
13 DAY OF c:c:Jn be,. #dctO
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WItDeu
Own<<
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WItDeII
mo 1be uodenipd authority per...ny appeared" CMDtI'{I) bamed abcwo wbo upon beiDa cIuIy
ackDowIedpd beAn lAD tlUIt 1bey an the CJWDGI(I) at_ NIl property deIcribed above lad that
~ power olllltomGy fbr1he ~uIpOIG ItIbII thereiD. SworD ad subIcribed 1Ids , ~ day
~ cgeRi.
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NaIaJy Public
Cammillicn u.: l.\ \ \ q \ aoo <1
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My COmmisSiOII 00473642
Expires 09I1912OD9
SEAL
.
.
APPLICANTS STATEMENT OF INTEREST IN PROPERTY
Raul and Kathey L. Gamiotea are the owners of the subject property. The purpose
of this rezoning (to Residential Single Family-One) is to change the zoning to match the
Future Land Use designation (Single Family). Currently the zoning is in Holding and to
build any type of structure on the property, a rezoning must be conducted.
The 3-acre parcel of unplatted land is located in the Southeast section of the City.
It was the Edith Brown Homestead. A small older home was located on it. However that
has been torn down. The property was overgrown with vegetation. It has now been cleared,
saving as many trees as possible. We will be fencing the entire property, portions of it are
already fenced and maintaining it. A small parcel of Blue Heron Golf Course is directly to
the East. Applewood Estates (which is vacant) is located to the West and South. The
Carver's have a 2-acre unplatted parcel to the North with one single family residence.
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I 27 " 26
: SECTION 27-37-35
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eff 11 IPllllI'ceo of Ollll1lldl oWDII1l;l DUll
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DESCRJP110N
ALL ]liE NORTli 1/2 OF lliE NORTHWEST 1/4 OF lliE SOUlliWEST 1/4 OF lliE
SOUTHEAST 1/4 OF SECTION 22. TOWNSHIP 37 SOUTH, RANGE 35 EAST, LESS AND
EXCEPT lliE NORTli 132 FEET THEREOF.
TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER lliE WEST
llilRlY (30) FEET OF 1liE SOUlli lWO HUNDRED lliIRlY-EIGIfT (238) FEET OF
~~~3j/io~~ ~4 ~ ~D ~,~ :ir ~1~4 g;) SW~F22rHE
NORTli ONE HUNDRED llilRlY-lWO (132) FEET OF 1liE ~ 1/4 OF 'THt SN 1/4 OF
lliE SE 1/4 OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST.
SURVEYORS N01[S
Subject to easements and restrictlonlJ of record.
Lands d.acr1b6d Mreon not obstact.d by this office.
Under~round utiRtiel and toundotione. If aRy. ore not shown.
The d..criptlon .hown hereon WCIa pr4lipared by the aurveyor
and is based upon on actual 'Mild .urvey.
Not valid without the lignature and the original roiled
seal of 0 Rorida lic:eneed surveyor one:! mapper.
The surveyor did not interview adjoining lanel owners for
unrecorded deeds or eoaemenD.
Elevations shown. if any. are baNd I.ij)On cuumed datum.
Lands shown hereon ore located In flood Zone C. according
to ARM panel no. 12D1n 02308, doted 2-4-81.
SURVEYORS CERTIfICATE
I hereby certify that the cttached Skfitch of survey of the hereon
described property is true and correct to the but of my knowledge
and . ~ 1IUrv8)*! In the f"teld .r my direct aupervilion.
J8Ct the qualifications noted
CEJnf1ED 10 THE ~ PARnES:
=-~ t:...1HE.Y L- CWIIOTrA
~~ AND/OR ASSGNS
1lCOIt 1m.[ NSlJMNCE COYPN<<
R. Almond,
Professional SUMI)'Or-Mapper
FIorido Registration No. LS508.1
LAST AELD SURVEY 114TE: JULY 27. 2004
of
IP>IFR~' &lRlElO> fF OIRl.
~~lUJl!.. ~~\D) It{~ 'l1'IHlIEW Q~~DO'ii~&
JAMES R. ALMOND, PSM
~ m.~~-t12'.~- ~
...
F'RO.ECT NlAIIIER
"'old _ FU:
SCALE ,. - 'OCI'
CCIP'IRlClHT ZOO4
Data fie 4138.RW15
Rater to Stomet IIIe /e
--
41138
.
1375 Jac. Street, Suite 206
Fort Myers, Florida 33901-2845
Phone: 239-334-3366 Fax: 239-334-6384
Email: larue-planning@att.net
LaRue Planning &
Management Services, Inc.
Staff Report
Rezoning Request
Prepared fOr:
Applicant:
Owner:
From:
To:
Petition No.
The City of Okeechobee
Jamie Gamiotea
Raul & Kathey Gamiotea
Holding
Residential Single Family One
05-012-R
/1
Staff l3~ort
Rezoning Request
Applicant:. Jamie Gamiotea
Petition No.05-012-R
General Information
Applicant: Jamie Gamiotea
Applicant Address: 824 SE 10th Street
Applicant Phone Number: 863-634-0198
Contact Person Jamie OR Lane Gamiotea
Owner: Raul & Kathey Gamiotea
Owner Address: 83 West Granger St.
Arcadia, Fl34974
Existing Proposed
Parcel ID 2-22-37 -3 5-0AOO-00042-0000
Future Land Use Map Single Family Same
Classification
Zoning District Holding Residential Single Family-
1
Use of Property Vacant 2 Single Family Homes
Acreage 3 3
Access SE 9th Drive
Legal Description: ALL THE NORTH 1/2 OF THE NORTHWEST 1/4 OF
THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 37
SOUTH, RANGE 35 EAST, LESS AND EXCEPT THE NORTH 132 FEET
THEREOF.
TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER
THE WEST THIRTY (30) FEET OF THE SOUTH TWO HUNDRED THIRTY-
EIGHT (238) FEET OF THE SOUTH 1/2 OF THE SW 1/4 OF THE NW 1/4 OF THE
SE 1/4 OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST OF THE NW 1/4
OF THE SW 1/4 OF THE SE 1/4 OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE
35 EAST.
Request:
The applicants are requesting a change in the zoning of the subject project from
Holding to RSF -1. This would allow the applicants to construct two single family
residences on the property.
Adjacent Future Land Use Map Classifications and Zoning Districts:
I North: I Future Land Use Map Classification: I Single Family
.".--_..,-----..--""--;_._..."...-..--...-~.......","';.
.
.
Staff Report
Rezoning Request
Applicant:. Jamie Gamiotea
Petition No.05-012-R
Zoning District: RSF-l
Existing Land Use:
East: Future Land Use Map Classification: Single Familv
Zoning District: RSF-l
Existing Land Use: Blue Heron Golf Course
South: Future Land Use Map Classification: Single Family
Zoning District: RSF-l
Existing Land Use: Vacant
West: Future Land Use Map Classification: Single Familv
Zoning District: RSF-l
Existing Land Use: Vacant
Summary:
The zoning request to RSF-l will accommodate the proposed use of single family
residences on the property. As it is now, the applicants would be unable to develop
the property under the Holding Zoning District, thus making this request necessary.
Analysis
1. The proposed use is not contrary to Comprehensive Plan requirements.
The Single Family Future Land Use category allows the type of (Residential) being
proposed by the applicant. (Policy 2.16)
2. The proposed use being appliedfor is specifically authorized under the zoning district
in the Land Development Regulations.
Section-90-102 (1) allows single family dwellings as a permitted use. Additionally,
the Code would allow the applicant to construct up to 5 dwellings per acre even
though they are only requesting 2 dwellings for the 3 acres.
2
Staff Report
Rezoning Request
Applicant:. Jamie Gamiotea
Petition No.05-012.R
3. The proposed use will not have an adverse effect on the public interest.
No, the single family use will not adversely affect the public interest.
4. The use is appropriate for the location proposed, is reasonably compatible with
adjacent land uses, and is not contrary or detrimental to urbanizing land use
patterns.
Yes, the proposed use and zoning is appropriate with the location and would be
compatible with the adjacent land use.
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 proposed use will not adversely affect property values or living conditions in
the area.
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
If needed, the proposed use can be suitably buffered from surrounding city. The
applicants will be fencing the perimeter of the property upon receiving approval.
7. The proposed use will not create a density pattern that would overburden public
facilities such as schools, streets, and utility services.
No, the applicants are only requesting 2 units on 3 acres, the density is well below
what is allowed. Thus, the use will not overburden public facilities.
8. The proposed use will not create traffic congestion, flooding or drainage problems,
or otherwise affect public safety.
No, traffic congestion, flooding, or drainage will not be a problem if this request is
granted.
9. The proposed use has not been inordinately burdened by unnecessary restrictions.
No, the only restrictions placed on this property are those imposed by the Land
Development Code and Comprehensive Plan.
10. The proposed change will not constitute a grant of special privilege to an individual
owner as contrasted with the public welfare.
3
.
.
Staff Report
Rezoning Request
Applicant:. Jamie Gamiotea
Petition No.05-012-R
No special privileges will be granted to the owner by allowing this request.
Summary and Conclusions Prior to Certification
In closing, the applicant's request meets the criteria above and the RSF-l zoning
would be compatible with the Single Family Future Land Use category.
Recommendation
Staff recommends approval of the request to allow rezoning from Holding to RSF-l
permitting the applicant to construct single family dwellings on the property.
Submitted by:
James G. LaRue, AICP
Planning Consultant
November, 2005
4