2020-08-04 Ex 03Ordinance No. 1215 Page 1 of 3
ORDINANCE NO. 1215
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING
AND ABANDONING CERTAIN RIGHTS-OF-WAY BEING AN UNIMPROVED
PORTION OF AN ALLEY, 20-FEET IN WIDTH, LYING BETWEEN LOTS 1
THROUGH 10 AND LOTS 17 THROUGH 26, OF BLOCK 39, CITY OF
OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE
COUNTY, FLORIDA; TOGETHER WITH AN UNIMPROVED PORTION OF
NORTHWEST 10TH STREET (f/k/a SIXTEENTH AVENUE), 100-FEET IN
WIDTH, LYING BETWEEN LOTS 1 THROUGH 10, OF BLOCK 39, AND LOTS
17 THROUGH 26, OF BLOCK 28, CITY OF OKEECHOBEE, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE
PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA (APPLICATION
NO. 20-001-AC-SC); DIRECTING THE CITY CLERK TO RECORD THE
ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT
COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Okeechobee General Services Department received Abandonment of
Right-of-Way Petition No. 20-001-AC-SC submitted by property owner Omar Abuaita,
for the closing of certain Rights-of-Way as described in this Ordinance; and
WHEREAS, the City of Okeechobee Technical Review Committee reviewed and discussed
Petition No. 20-001-AC-SC at a duly advertised public meeting held on June 18, 2020;
and
WHEREAS, Petition No. 20-001-AC-SC was reviewed and discussed by the City of
Okeechobee Planning Board at a duly advertised Public Hearing held on Ju ly 16, 2020,
and determined such Petition to be consistent with the Comprehensive Plan; and
WHEREAS, the City Council reviewed Petition No. 20-001-AC-SC and finds it to be consistent
with the Comprehensive Plan, is not the sole access to any property, is in the best
interest of the citizens, provides a benefit to the City of Okeechobee, and would not
jeopardize the location of any utility; and
WHEREAS, the granting of the Petition will serve a legitimate public interest and is a proper
exercise of the municipal authority of the City of Okeechobee as a discretionary function.
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: The unimproved, dedicated Right-of-Way described hereafter and as shown on
Exhibit A, is hereby closed, vacated, and abandoned by the City of Okeechobee,
Florida to-wit:
THAT PORTION OF ALLEY, 20-FEET IN WIDTH, LYING BETWEEN LOTS 1
THROUGH 10 AND LOTS 17 THROUGH 26, OF BLOCK 39, CITY OF
OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE
COUNTY, FLORIDA; together with
THAT PORTION OF NORTHWEST 10TH STREET (f/k/a SIXTEENTH
AVENUE), 100-FEET IN WIDTH, LYING BETWEEN LOTS 1 THROUGH 10, OF
BLOCK 39, AND LOTS 17 THROUGH 26, OF BLOCK 28, CITY OF
OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE
COUNTY, FLORIDA.
Ordinance No. 1215 Page 2 of 3
SECTION 2: The City Clerk shall cause a certified copy of the Ordinance to be recorded in the
public records of Okeechobee County, Florida.
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 be set for Final Public Hearing the 3rd day of
September, 2020, and shall take effect immediately upon its adoption.
INTRODUCED for First Reading and set for Final Public Hearing on this 4th day of August,
2020.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second Reading and Final Public Hearing on this 3rd day of
September, 2020.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney
Ordinance No. 1215 Page 3 of 3
ORDINANCE NO. 1215 - EXHIBIT A
The following excerpt is from the City of Okeechobee Subdivision Map to identify the portion of
Right-of-Way to be abandoned as requested by Petition No. 20-001-AC-SC.
Staff Report
Right-of-Way Abandonment/Street Vacation
Prepared for: The City of Okeechobee
Applicant: Omar Abuaita
Petition No.: 20-001-AC-SC
Staff Report Applicant: Omar Abuaita
ROW Abandonment / Street Vacation Petition No. 20-001-AC-SC
1
Request
The matter before the TRC is a request to abandon two sections of public right-of-way:
1. A 20’ by 512.5’ ROW section totaling 10,250 square feet described as follows:
“That portion of alley, 20 feet in width, lying between Lots 1 through 10 and Lots
17 through 26, Block 39, City of Okeechobee, according to the plat thereof as
recorded in Plat Book 5 at Page 5 of the public Records of Okeechobee County,
Florida.
2. A 70’ by 512.5’ ROW section totaling 35,875 square feet described as follows:
“That portion of Northwest 10th Street (formerly known per plat as Sixteenth
Avenue), 70 feet in width, lying between Lots 1 through 10, Block 39 and Lots 17
through 26 Block 28, City of Okeechobee, according to the plat thereof as recorded
In total, the abandonment request encompasses 46,125 square feet (1.06 acres) of public
ROW. The vacant portion of block 39 contiguous to the subject ROWs was recently
approved for a future land use map amendment and a rezoning to multifamily residential.
If this request is approved, the applicant has stated their intention is to join that property
to the vacant portion of block 28 to the north and construct a multifamily residential project.
General Information
Applicant / Owner
Omar Abuaita
3000 N. Ocean Drive Unit 16F
Rivera Beach, FL
Owner Phone Number 863.824.7644
Owner E-mail Address randy@twodrunkengoats.net
For the legal description of the project or other information regarding this
application, please refer to the application submittal package which is available
by request at City Hall and is posted on the City’s website prior to the
advertised public meeting at https://www.cityofokeechobee.com/agendas.html.
Staff Report Applicant: Omar Abuaita
ROW Abandonment / Street Vacation Petition No. 20-001-AC-SC
2
Characteristics of the Subject Property
Existing Proposed
Future Land Use
Map Classification Multi Family Residential Multi Family Residential
Zoning District Residential Multiple Family Residential Multiple Family
Use of Property Vacant Multi-Family Apartments
Acreage 3.26 4.32
Description of the Subject Site and Surrounding Area
The subjects of the abandonment/vacation, vacant alley (subject property #1) and
unimproved right-of-way of NW 10th Street (subject property #2) are outlined in Red, and
the existing land uses in the vicinity are shown below on the aerial photograph from the
Property Appraiser’s office. The Applicant owns the two parcels labeled proposed multi-
family apartments.
Staff Report Applicant: Omar Abuaita
ROW Abandonment / Street Vacation Petition No. 20-001-AC-SC
3
FUTURE LAND USE
The subjects of the abandonment/vacation, vacant alley (subject property #1) and
unimproved right-of-way of NW 10th Street (subject property #2) are outlined in Red, and
the existing Future Land Use Map designations are shown on this excerpt from the City’s
Future Land Use Map. With the City Council recently approving a map amendment
change of the Applicant’s property to multi-family residential, and the property to the north
designated as multi-family residential, it seems appropriate to place the same designation
on the vacated property. The multi-family designation is also necessary if the Applicant is
to complete the stated goal of developing a multi-family residential project at this site.
Staff Report Applicant: Omar Abuaita
ROW Abandonment / Street Vacation Petition No. 20-001-AC-SC
4
ZONING
The subjects of the abandonment/vacation, vacant alley (subject property #1) and
unimproved right-of-way of NW 10th Street (subject property #2) are outlined in Red, and
the existing zoning designations are shown on th is excerpt from the City’s Zoning Map.
With the City Council recently approving a zoning map change of the Applicant’s property
to residential multiple family, and the property to the north designated as residential
multiple family, it seems appropriate to place the same designation on the vacated
property. The multi-family designation is also necessary if the Applicant is to complete the
stated goal of developing a multi-family residential project at this site.
Staff Report Applicant: Omar Abuaita
ROW Abandonment / Street Vacation Petition No. 20-001-AC-SC
5
Consistency with Sec. 78-33, Vacation of Rights-of-Way
Sec. 78.33 states that applications to vacate an alley or public right-of-way may be
approved upon a finding by the City Council that the following requirements have been
met. The Applicant’s responses are provided in Times Roman typeface and are repeated
below exactly as provided by the Applicant. Staff has made no attempt to correct typos,
grammar, or clarify the Applicant’s comments. Staff Comments are in Arial typeface.
1. Proposed vacation is consistent with the Comprehensive Plan.
Applicant Comment: “The requested road ROW and alley are currently not used for access or
utilities, there is no mention of alleys in the City’s Comprehensive Plan, the LDR’s mention alleys
in Section 86-142, which states alley may be allowed in residential districts, also in Section 70-
335, which states notice of abandonment required, otherwise they are other referenced, but not
concerning vacancies.”
Staff Comment: There is nothing in the City’s Comprehensive Plan concerning
abandonments or vacations of rights-of-way.
2. Right-of-way to be vacated is not the sole access to any property, and the remaining access
is not an easement
Applicant Comment: “Neither ROW or alley is sole access to any property and a remaining land
will not require an easement.”
Staff Comment: Access will not be affected for any properties. Additionally, the property
owner of the parcel on the north of the 10th St ROW has provided a notarized form of consent
to the Applicant’s request. The Applicant has provided a diagram depicting how the 10th St
ROW would be divided, with the northern half going to Fosler LLC and the southern half going
to Omar Abuaita, the Applicant. This arrangement makes sense as these are the only
contiguous properties (NW 5th Ave lies to east of these properties and an alley separates
these properties from the parcel to the west).
3. Proposed vacation is in the public interest and provides a benefit to the City.
Applicant Comment: “The proposed vacation of ROW and alley is within a block that will
become a multifamily project to provide workforce housing, which the City is in need of, so this
vacation will allow the existing ROW and alley’s square footage to add density to this project so
more housing can be added and return the property to the tax rolls.”
Staff Comment: The proposed right-of-way area to be vacated has not been improved to
facilitate vehicular traffic. Turning over maintenance responsibility to the Applicant and adding
this property to the City tax rolls will be a benefit to the City. If the property is developed
according to the Applicant’s stated plans, additional taxes will be collected by the City.
Staff Report Applicant: Omar Abuaita
ROW Abandonment / Street Vacation Petition No. 20-001-AC-SC
6
4. Proposed vacation would not jeopardize the location of any utility.
Applicant Comment: “There are currently no utilities in either of the requested abandonments.”
Staff Comment: The Applicant has provided signed authorizations from all necessary utility
entities including:
• Florida Power & Light
• Century Link (with the condition that the Applicant will bear the cost of relocation and
repair of any facilities that are found and/or damaged in the vacated areas)
• Comcast
• Okeechobee Utility Authority
• Florida Public Utilities
Recommendation
Based on the foregoing information and analysis, we believe, from a planning perspec-
tive, that the requested alley vacation/abandonment can be considered consistent with
the requirements of Sec. 78-33. Staff recommends approval of this request.
Submitted by:
Benjamin L. Smith, AICP
Sr. Planner, LaRue Planning
May 29, 2020
TRC Meeting: June 18, 2020
PB/BOA Meeting: July 16, 2020
City Council 1st Reading: (tentative) August 4, 2020
City Council 2nd Reading and Public Hearing: (tentative) September 1, 2020
DRAFT June 18, 2020 Official Agenda Page 1 of 3
CITY OF OKEECHOBEE, FLORIDA
JUNE 18, 2020
DRAFT TECHNICAL REVIEW COMMITTEE MINUTES
I. CALL TO ORDER
Chairperson Montes De Oca called the regular meeting of the Technical Review
Committee for the City of Okeechobee to order on Thursday, June 18, 2020, at 10:00
A.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue, Room 200,
Okeechobee, Florida. Pursuant to Executive Order No. 20-69 issued by Governor
DeSantis on March 20, 2020, and extended by Executive Order No. 20-112, effective
May 4, 2020, the meeting was conducted utilizing communications media technology as
provided by Florida Statutes 120.54(5)(b)2, by means of Zoom.com Meeting ID
2459713294. The Host computer was operated by Executive Assistant Brock. The
video, audio, and digital comments are recorded and retained as a permanent record.
A. The Pledge of Allegiance was led by Chairperson Montes De Oca.
II. ATTENDANCE
Technical Review Committee Secretary Patty Burnette called the roll. City Administrator
Marcos Montes De Oca, Public Works Director David Allen, and Building Official Jeffery
Newell were present. Police Chief Bob Peterson was absent, and Major Donald Hagan
was present in his place. Fire Chief Smith was absent, and Lieutenant Steve Weeks
was present in his place.
CITY STAFF
City Planning Consultant Ben Smith, General Services Secretary Yesica Montoya and
Executive Assistant Robin Brock were present in the Chambers and City Attorney John
Fumero was present via Zoom. The School Board Representative, Okeechobee Utility
Authority (OUA) Executive Director John Hayford, and Okeechobee County
Environmental Health Director Victor Faconti were absent with consent.
III. AGENDA
A. Chairperson Montes De Oca asked whether there were any agenda items to be
added, deferred or withdrawn. There were none.
B. A motion was made by Building Official Newell to approve the agenda as
published; seconded by Public Works Director Allen.
Chairperson Montes De Oca, Public Works Director Allen, Building Official Newell,
Major Hagan, and Fire Lieutenant Weeks voted: Aye. Nays: none. Motion Carried.
IV. MINUTES
A. A motion was made by Building Official Newell to dispense with the reading and
approve the May 21, 2020 regular meeting minutes; seconded by Public Works
Director Allen.
Chairperson Montes De Oca, Public Works Director Allen, Building Official Newell,
Major Hagan, and Fire Lieutenant Weeks voted: Aye. Nays: none. Motion Carried.
DRAFT June 18, 2020 Official Agenda Page 2 of 3
V. NEW BUSINESS
A. City Planning Consultant Ben Smith of LaRue Planning and Management
Services briefly reviewed the Planning Staff Report for Abandonment of Right-of-
Way Petition No. 20-001-AC-SC, which requests to vacate the 20-foot wide by
512.5-foot long East to West alleyway lying between Lots 1 through 10 and Lots
17 through 26, of Block 39, CITY OF OKEECHOBEE, Plat Books 1 and 5, Pages
10 and 5, Public of Records of Okeechobee County, and a 70-foot wide by 512.5-
foot long portion of Northwest 10th Street, formally known as Sixteenth Avenue,
lying between Lots 1 through 10, Block 39 and Lots 17 through 26, Block 28,
CITY OF OKEECHOBEE, Plat Books 1 and 5, Pages 10 and 5, Public of Records
of Okeechobee County. He stated recently the vacant portion of Block 39
contiguous to the subject rights-of-way was approved for a Future Land Use Map
Amendment (FLUM) to Multi-Family Residential and a Rezoning change to
Residential Multiple Family (RMF). If this request is approved, the Applicant
intends to join the vacant portion of Block 28 to the North and construct a
multifamily residential project. With those recent FLUM and Zoning approvals and
the property to the North being designated as Multi-Family Residential on the
FLUM and RMF on the zoning map, it seems appropriate to place the same
designation on the vacated property. This designation is also necessary if the
Applicant is to complete the stated goal of developing a multi-family residential
project at this site.
Planning Staff’s responses to the required findings are. The alleyway is not the
sole means of access to any property. The property owner of the parcel to the
North of the Northwest 10th Street right-of-way, Fosler LLC, has provided consent
and the Applicant owns the Southern half. The proposed right-of-way areas to be
vacated have not been improved to facilitate vehicular travel. Turning over
maintenance responsibility to the Applicant and adding property to the City’s tax
rolls will be a benefit to the City. Finally, the Applicant has received authorization
from all necessary utility entities. Planning Staff is recommending approval based
on these findings.
1. Building Official Newell commented he is in support of the request
although, just a little concerned with the Industrial uses close by he
proposed residential.
Fire Lieutenant Weeks: No issues were received.
Major Hagan: No issues were received.
Public Works Director Allen stated his concern is with the North to South
Alleyway located on the West side of Blocks 28 and 39 that would still be
open for the City to maintain. He understands the property is in the City of
Okeechobee subdivision which would involve purchasing the property
from the H. E. Hamrick Trust. Since this would be an additional expense
for the Applicant, maybe a maintenance agreement would be a better
alternative.
DRAFT June 18, 2020 Official Agenda Page 3 of 3
Chairperson Montes De Oca asked Mr. Randy Simler, Registered Agent
for Fosler LLC, who is intending to purchase the property from the
Applicant, Omar Abuaita, if the City requested a maintenance agreement
would he be open to that. Mr. Simler answered yes.
County Environmental Health Dept: No issues were received.
OUA: No issues were received.
2. Mr. Michael Baggot, with SLD Engineering, who represents the Property
Owner, Omar Abuaita, and the Applicant, Mr. Randy Simler, was present
for questions. Mr. Simler, 310 Lakeshore Drive, Lake Park Florida, was
present as well.
3. Chairperson Montes De Oca asked whether there were any comments or
questions from those in attendance from the Public. There were none.
4. Chairperson Montes De Oca disclosed he had spoken to both Mr. Simler
and Mr. Steve Dobbs, PE, with SLD Engineering, regarding the
application. There were no other disclosures offered.
5. A motion was offered by Building Official Newell to recommend approval
to the Planning Board for Abandonment of Right-of-Way Petition No. 20-
001-AC-SC, which requests to vacate the 20-foot wide by 512.5-foot long
East to West alleyway lying between Lots 1 through 10 and Lots 17
through 26, of Block 39, CITY OF OKEECHOBEE, Plat Books 1 and 5,
Pages 10 and 5, Public of Records of Okeechobee County, and a 70-foot
wide by 512.5-foot long portion of Northwest 10th Street, formally known
as Sixteenth Avenue, lying between Lots 1 through 10, Block 39 and Lots
17 through 26 Block 28; seconded by Public Works Director Allen.
a) The Committee offered no further discussion.
b) Chairperson Montes De Oca, Public Works Director Allen,
Building Official Newell, Major Hagan, and Fire Lieutenant
Weeks voted: Aye. Nays: none. Motion Carried.
VI. There being no further items on the agenda, Chairperson Montes De Oca adjourned the
meeting at 10:12 A.M.
Please take note and be advised that any person desiring to appeal any decision made by the Technical Review
Committee 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 Service’s media are for the sole
purpose of backup for official records of the Department.
ATTEST: Marcos Montes De Oca, Chairperson Patty M. Burnette, Secretary
________________________________________ __________________________________