1020 #08-004-SSA Nunez
ORDINANCE NO. 1020
.
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING
THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.
635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A
CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN
FROM SINGLE FAMIL YTO COMMERCIAL; PROVIDING FOR INCLUSION
OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE
COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for
orderly growth and development; and
WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code
provide for amendment to Adopted Comprehensive Plans; and
WHEREAS, the City has received and reviewed certain application{s) (No. 08-004-SSA),
submitted by property owner(s), David and Anita Nunez, for a small-scale
amendment to the Future Land Use Map of the City's Comprehensive Plan, and
said application(s) being reviewed by the City's Planning Board, acting as the Local
Planning Agency, at a duly advertised meeting held on April 17, 2008, which
determined such applicant(s) to be consistent with the Comprehensive Plan and
appropriate to the future land uses within the City; and
WHEREAS, the City has agreed with the recommendations of the Planning Board that the
proposed application(s) complies with the requirements of Florida Statutes 163,
Part II, and that the proposed applications are consistent with the Comprehensive
Plan and appropriate to the future land uses within the City;
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.
SHORT TITLE.
THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale
Development Activities Comprehensive Plan Amendment," pursuant to F.S.
163.3187, and shall be effective within the City limits of the City of Okeechobee,
Florida.
SECTION 2.
AUTHORITY.
This City of Okeechobee Small Scale Development Activities Comprehensive Plan
Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II,
Florida Statutes.
.
SECTION 3.
REVISIONS TO THE FUTURE LAND USE MAP.
1. The following described land consisting of approximately 1.74 acre(s) is
hereby re-designated for purposes of the Future Land Use Map of the City
of Okeechobee Comprehensive Plan:
Ordinance No.1 020 - Page 1 of 3
a. Application No. 08-004-SSA, from Single Family to Commercial. The
Legal Description of Subject Property is as follows:
PARCEL ONE: COMMENCING AT THE POINT OF INTERSECTION OF
THE NORTHERLY EXTENSION OF THE EAST LINE OF BLOCK 147 AND
THE SOUTHEAST CORNER OF LOT 121N BLOCK 116, OKEECHOBEE,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5,
PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA,
AND RUN SOUTHWESTERLY ALONG SAID NORTHERN EXTENSION
OF THE EAST LINE OF SAID BLOCK 147, TO THE INTERSECTION
WITH THE CENTER LINE OF NORTHEAST 3RD STREET, (FORMERLY
NINTH STREET), ALSO BEING THE SOUTHWEST CORNER OF A
PARCEL OF LAND AS DESCRIBED IN O.R. BOOK 405, PAGE 664,
PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND THE
POINT OF BEGINNING; THENCE CONTINUE SOUTHWESTERLY
ALONG SAID EXTENDED LINE TO THE NORTHEAST CORNER OF LOT
11N SAID BLOCK 147; THENCE CONTINUE SOUTHWESTERLY ALONG
THE EAST LINE OF SAID LOT 1 AND THE SOUTHERLY EXTENSION
THEREOF, TO THE NORTHEAST CORNER OF LOT 9 IN SAID BLOCK
147; THENCE RUN EAST ALONG THE EASTERLY EXTENSION OF THE
NORTH LINE OF SAID LOT 9, TO THE WESTERN SHORELINE OF
TAYLOR CREEK; THENCE RUN NORTHEASTERLY, ALONG SAID
WESTERN SHORELINE, TO THE INTERSECTION WITH THE EASTERLY
EXTENSION OF THE AFORESAID CENTERLINE OF NORTHEAST 3RD
STREET, ALSO BEING THE SOUTHEAST CORNER OF SAID LAND
DESCRIBED IN O.R. BOOK 405, PAGE 664; THENCE RUN WEST
ALONG SAID EXTENDED CENTERLINE AND ALSO ALONG THE
SOUTH BOUNDARY LINE OF SAID PARCEL OF LAND TO THE POINT
OF BEGINNING; AND
PARCEL TWO: LOTS 6 THROUGH 9 OF BLOCK 147, CITY OF
OKEECHOBEE SUBDIVISION, ACCORDING TO THE PLAT THEREOF
RECORDED IN pLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF
OKEEc.HOBEE COUNTY, FLORIDA; AND
PARCEL THREE: BEGINNING AT THE NORTHEAST CORNER OF LOT
9 OF BLOCK 147, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS
OF OKEECHOBEE COUNTY, FLORIDA, AND RUN SOUTHWESTERLY
ALONG THE EAST LINE OF SAID LOT 9 TO THE SOUTHEAST CORNER
OF SAID BLOCK 147; THENCE RUN SOUTHWESTERLY TO THE
NORTHEAST CORNER OF FRACTIONAL BLOCK 148 OF SAID PLAT OF
OKEECHOBEE; THENCE RUN EAST, ALONG THE EASTERLY
EXTENSION OF THE NORTH LINE OF SAID BLOCK 148, TO THE
WESTERN SHORELINE OF TAYLOR CREEK; THENCE RUN
NORTHEASTERLY ALONG SAID WESTERN SHORELINE, TO THE
INTERSECTION WITH THE EASTERLY EXTENSION OF THE NORTH
LINE OF AFORESAID LOT 9; THENCE RUN WEST ALONG THE
EXTENDED NORTH LINE OF SAID LOT 9, TO THE POINT OF
BEGINNING
SECTION 4.
INCLUSION OF ORDINANCE AND REVISED FUTURE LAND
USE MAP IN THE COMPREHENSIVE PLAN.
It is the intention of the City Council of the City of Okeechobee, Florida and it is
hereby provided, that the provision of the Ordinance, and the revisions to the Future
Land Use Map more particularly described as "Future Land Use: 2000 City of
Okeechobee, March 19, 1991, as amended December 6, 1994", which is
incorporated herein by reference, shall become and be made a part of the City of
Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as
amended).
Ordinance NO.1 020 - Page 2 of 3
.
.
SECTION 5.
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 6.
EFFECTIVE DATE.
The effective date for the enactment of Ordinance No.1 020 shall be thirty-one (31)
days after the adoption of this ordinance.
INTROPUCED for first reading and set for final public hearing on this 6th day of May, 2008.
ATTEST~' .
L!<,(i/y. , ,GJh-/
. ,Lane Gamiot a, QMC, City Clerk
ADOPTED after first reading on the 6th day of May, 2008.
" .
James E. Kirk, Mayor
/:
L SUFFICIENCY:
~w
John R. Cook, City Attorney
Ordinance NO.1 020 - Page 3 of 3
City of Okeechobee
General Services Department
55 S.E. 3rd Avenue, Room 101
Okeechobee, Florida 34974-2903
Phone: (863) 763-3372, ext. 218
Fax: (863) 763-1686
Date:
It
i 2nd Hearing:
Notices Mailed:
Comprehensive Plan Map Amendment Application
/ Please Check One:
.JI... Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres)
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Owner mailing address: 2.0 c: Ve..
Name of applicant(s) if other than owner (state relationship):
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Applicant mailing address:
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Name of contact person (state relationship):
Contact erson daytime hone(s):
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Current Zoning Designation:
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Current Future Land Use Designation: ~
Existing Use of the Property: V Ql:-c.,---+---\
Proposed Future Land Use Designation: C-OIV\ (V\ C R- C I J~ L
Pr,osed Use of the p. roperty:
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Description of Surr undl9-g P.r r~oe errties:
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Legal Description ofth~r9Pe:rtY (Lengthy Description ~be Attached):(~t }) 0
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Uniform Land Use Application (rev ]2/03)
Page 1 of 2
v' ..,'
Required Attachments
~'~'urvey of Property (11" x 14",20" Scale) ~A..pplication Fee (non-refundable)
y' Letter Outlining Request ~City Location Map
dllf'" Notarized Letter of Owner's Authorization
v'
Confirmation of Information Accuracy
I hereby certifY that the information in this application is correct. The information included in
this application is for use by the City ofOkeechobee in processing my request. False or
misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to
30 days and may result in the summary denial of this application,
Signature
~l ~ N.~IVfiZ-
Printed Name
.:2.-1 ( -08'
Date
Uniform Land Use Application (rev 12/03)
Page 2 of 2
David & Anita Nunez, Jr
610 N. Parrott Ave.
Okeechobee, Fl. 34972
863-467-0611
863-467-0610
February 8, 2008
TO: City of Okeechobee
RE: Zoning Change Request, Letter of Intent; Outline Letter
Weare making the request to change the zoning on this property for the
construction and use of a multi functional building. This construction of a
large building would serve as a facility where events such as weddings,
birthdays, family reunions, graduation parties, school events, sports, holiday
events, public meeting, political agendas meetings, church socials, fund
raisers and a verity of other events and needs would be satisfied.
-J;.
taNunez~
Okeechobee County Property Appraiser.. Map Printed on 2/8/2008 10:05:58 AM
Page 1 of 1
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Okeechobee County Property Appraiser
w.c. "Bill" Sherman, CFA. Okeechobee, Florida - 863.763-4422
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PARCEL: 3-15-37-35-0010-00010-001 K.. VACANT (000000)
CITY OF OKEECHOBEE COMMENCING AT THE POINT OF
INTERSECTION OF THE NORTHERLY
Name: NUNEZ DAVID JR & ANITA S LandVal
Site: 0, Okeechobee BldgVal
. 2085 SE 4TH STREET ApprVal
Mall: OKEECHOBEE, FL 34974 JustVal
Sales 6/27/2003 $4,OOO.00V 1 U Assd
Info 8/21/1997 $6,OOO.00V 1 U Exmpt
11/29/1996 $O.OOV/U Taxable
't~,
..
$19,200,00
$0,00
$19,200.00
$19,200.00
$19,200.00
$0.00
$19,200,00
..
, i/:,:."
~;, ,J..<
This information, Last Updated: 1/24/2008, was derived from data which was compiled by the Okeechobee County Property Appraiser's
Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a
determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data
herein, it's use, or it's interpretation, Although it is periodically updated, this information may not reflect the data currently on file in the
Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad
valorem assessment purposes.
http://www.okeechobeepa.comlG IS/Print_ Map.asp ?pj boiibchhj bnligcafccj fhoj iaehdomhloankkimfbpfhbo.., 2/8/2008
D SearchResults ~ IJ J "!~C '% F
Okeechobee County Property Appraiser '
Last Updated: 1/24/2008
Page 1 of2
2007 Certified Values
Parcel 10: 3-15-37-35-0010-00010-001tl
[ Retrieve Tax Record] [ Property Card] [ Interactive GIS Map ] I Print I
Owner 8r. Property Info
d)
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Owner's Name NUNEZ DAVID JR & ANITA S
Site Address o , Okeechobee
Mailing 2085 SE 4TH STREET
Address OKEECHOBEE, FL 34974
Brief Legal CITY OF OKEECHOBEE BEGINNING AT THE NORTHEAST
CORNER OF LOT 9, BLOCK 147,
Total Land 0,670 ACRES
Area
Neighborhood 153651.00 Tax District 50
UD Codes Market Area 40
DOR Use Code VACANT (000000)
The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee
County Planing & Development office at 863-763-5548 for specific zoning information,
GIS Aerial
lI!
_;,*m~m_>'!:,"'m''<l.j:~'?i'\'~;;>_.'':~;;''~':';;,'~';'.;''_
. n 1S4 231 308 33S 46:2
Property 8r. Assessment Values
2007 Proposed Values
Mkt Land Value cnt: (1) $26,800,00
Ag Land Value cnt: (0) $0,00
Building Value cnt: (0) $0,00
XFOB Value cnt: (0) $0,00
Total
Appraised $26,800,00
Value
Just Value $26,800,00
Class Value $0,00
Assessed $26,800,00
Value
Exempt Value $0,00
Total Taxable $26,800,00
Value
Sales History
Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode Sale Price
6/27/2003 511/1166 WD V U 03 $4,000,00
8/21/1997 394/1929 WD V U 03 $6,000,00
11/29/1996 385/960 WD V U 03 $0,00
Building Characteristics
Bldg Sketch I Bldg Item I Bldg Desc I Year Bit I Heated S.F. I Actual S.F. I Bldg Value
NONE
Extra Features 8r. Out Buildings - ( Show Codes)
Code I Desc I Year Bit I Value I Units I Dims I
NONE
Condition (% Good)
Land Breakdown
Lnd Code Desc Units Adjustments Eft Rate Lnd Value
961CAC NON/CONFG (MKT) .670 AC 1. 00/ 1. 00/ 1.00/1. 00 $40,000,00 $26,800,00
Okeechobee County Property Appraiser
Last Updated: 1/24/2008
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This information was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the
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2/8/2008
J-1t\0L~~(~ F
D SearchResults
Okeechobee County Property Appraiser
Last Updated: 1/24/2008
ParcellD: 3-15-37-35-0010-00010-001K
Page 1 of2
2Q07 Certified Values
[ Retrieve Tax Record] [ Property Card] [ Interactive GIS Map ] tp;i~
Owner & Property Info "15)
Owner's Name NUNEZ DAVID JR & ANITA S
Site Address o , Okeechobee
Mailing 2085 SE 4TH STREET
Address OKEECHOBEE, FL 34974
Brief Legal CITY OF OKEECHOBEE COMMENCING AT THE POINT OF
INTERSECTION OF THE NORTHERLY
Total Land 0.480 ACRES
Area
Neighborhood 153651.00 Tax District 50
UD Codes Market Area 40
DOR Use Code VACANT (000000)
The DOR Use Code shown here is a Dept. of Revenue code, Please contact the Okeechobee
County Planing & Development office at 863-763-5548 for speCific zoning information.
Property & Assessment Values
Mkt Land Value cnt: (1) $19,200.00
Ag Land Value cnt: (0) $0,00
Building Value cnt: (0) $0,00
XFOB Value cnt: (0) $0,00
Total
Appraised $19,200,00
Value
Sales History
<< Prev Search Result: 39 of 54 Next >>
GIS Aerial
2007 Proposed Values
Just Value $19,200,00
Class Value $0,00
Assessed $19,200,00
Value
Exempt Value $0,00
Total Taxable $19,200,00
Value
Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode Sale Price
6/27/2003 511/1166 WD V U 03 $4,000,00
8/21/1997 394/1929 WD V U 03 $6,000,00
11/29/1996 385/960 WD V U 03 $0.00
Building Characteristics
Bldg Sketch I Bldg Item I Bldg Desc I Year Bit I Heated S.F. I Actual S.F. I Bldg Value
NONE
Extra Features & Out Buildings - ( Show Codes)
Code I Desc I Year Bit I Value
I Units I
NONE
Dims I
Condition (% Good)
Land Breakdown
Lnd Code Desc Units Adjustments Eft Rate Lnd Value
961CAC NON/CONFG (MKT) .480 AC 1.00/1.00/1.00/1.00 $40,000.00 $19,200,00
Okeechobee County Property Appraiser
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2/812008
\<es,den'na I (v\UJtl' ~i 1'Y)1 I y- f~lV\ (;c;p Page 1 of2
200 Certified Values
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Last Updated: 1/24/2008
Parcel 10: 3-15-37-35-0010-01470-0060
o
Owner Be. Property Info
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Owner's Name NUNEZ DAVID JR & ANITA S
Site Address 206 NE 7TH AVE, Okeechobee
Mailing 2085 SE 4TH STREET
Address OKEECHOBEE, FL 34974
Brief Legal CITY OF OKEECHOBEE LOTS 6 TO 9 INC BLOCK 147
Total Land 0,581 ACRES
Area
Neighborhood 113658,00 Tax District 50
UD Codes Market Area 40
DOR Use Code SINGLE FAM (000100)
The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee
County Planing & Development office at 863-763.5548 for specific zoning information,
Property Be. Assessment Values
Mkt Land Value cnt: (1) $62,240,00
Ag Land Value cnt: (0) $0,00
Building Value cnt: (1) $78,145.00
XFOB Value cnt: (3) $594.00
Total
Appraised $140,979,00
Value
Sales History
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GIS Aerial
2007 Proposed Values
Just Value $140,979,00
Class Value $0,00
Assessed $140,979.00
Value
Exempt Value $0,00
Total Taxable $140,979,00
Value
Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode Sale Price
6/27/2003 511/1151 WD I U 02 $136,000,00
11/27/1996 385/191 WD I Q $41,000,00
6/1/1990 314/1828 WD I U 03 $40,454,00
Building Characteristics
Bldg Sketch Bldg Item Bldg Desc Year Bit Heated S.F. Actual S.F. Bldg Value
Show Sketch 1 SINGLE FAM (000100) 1952 1411 2626 $78,145,00
Extra Features Be. Out Buildings - ( Show Codes)
Code Desc Year Bit Value Units Dims Condition (% Good)
BCT N4 BLK CC TIN 1991 $131.00 40,000 8x5xO PD (25.00)
ODA OPN DRT AL 1991 $28,00 35,000 7x5xO PD (25,00)
PLUMB2 2 FIXTURE 1991 $435,00 1.000 OxOxO PO (25,00)
Land Breakdown
Lnd Code Desc Units Adjustments Eft Rate Lnd Value
161CI8 CITY LT (MKT) 169,500 FF - (,581AC) 1. 00/ 1. 00/ 1. 00/ 1. 00 $367,20 $62,240,00
Okeechobee County Property Appraiser
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~ Jt /6-4IJ
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'.1111111
FILE Hun 397909 OR BK 00511 PG 1166 DATE: 09/18/2003 04:57:30 PM
stlAROH ROBERTSON. CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY. Fl
DEED DOC 28.00
ThI. Doc._ ~ By.ad _r. to:
CONELY" COMBLY, P.A.
TOIl .. CORBLY, :U:J:
401 .... 6'1'Jl STRBlIT
P.O. DRAWER 1367
OKBBCBDBBB, FL 34973-1367
Par<elIDNum.....: 3-15-37-35-0010-00010-00lA
GranIee III TIN:
Gnmtee tI2 TIN:
Warranty Deed
This Indenture, Made this 27th clay of
FRED B. CAGLB
June
, 2003 A.D.,
Between
of the County of ,S_ of Florida
DAVID NtlNBZ, JR. and ANJ:TA S. NUNEZ, his wife
,grantor, and
wbosc adcIm5. is: 2085 S.B. 4th Street, Okeechobee, FL 34974
of the CouuIy of Okeechebee
S_ of P10rida
, grantees.
Witnesseth !bat !he GRANTOR, fur md in coosidcratloa of!he lIIDIl of
________________________TBN DOLLARS ($10)----------------------- DO~
md o1her sood and valuable cOlllidcratloa 10 GRANTOR ill hand paid by GRANTEES. !he receipt whaeof i. hereby ICknowJedged, hu
graotcd, bargained and sold 10 the said 0RANTl!ES md GRANTEES' beir5, successors and QSign5 form:r. 1be foUowio& descTibcd land. sibIa!e,
lyingmdbeiogin1beCouutyof Okeechebee S_ of P10rida 10 wit:
See Exhibit BAn attached hereto.
'l'HE PROPERTY HEREIN CQNVBYBD DOBS NOT CONSTITUTE TBB HOMBSTBAD
PROPERTY OP GRANTOR.
Subject to restrictions, reservations and easements of record, if
any, which are not reimposed hereby, and. taxes subsequent to December
31st, 2002.
md the ....tor does bcrd>y fWIy wanuI the 1i1It 10 said IaDd, and will defend the same apins! Jawfill cJaims of an pcnoIIII whomsoever.
In Witness Whereof, !he gTlllIlDr .... bemmlo set hi. hand &ad seal !he day ..... :year first above writlal.
Signed, sealed and delivered oar presenee:
,,~lIa<A
PRED B. CAGLE u
(Seal)
A
Witness
~n:
ltnes
STATE OF PLOUDA
COUNTY OF OKBECBOBBB
The fingoiq ~ wu aclalowlcdpl betb<e me lids
PRED B. CAGLB
P.O. A&bea: Pelt omcel101l033.I__ JlL 34451
27th
day of
June
, 2003
by
be is JI"I'IOnally 1aIown
EVAMCOtay
,.. MY CQIILtSSlON' cc ~
. EXPlRES:~12,20G4
_'1\1III_--
~~;p~~
=:ary :Y
My CommissioIlExpiJes: 12/12/04
NUllEZ-CAGLE2
'-"'-"'brODilp1oy_hlc., ~ (163)7Q.!555 .....FLWD-'
GMC
OR BK 00511 PG 1167
EXHIBIT "A"
FourparceIs ofland lying between the plat ofOKEECHOBEE, according to the plat thereof recorded
in Plat Book 5, Page 5, public records ofOkeechobee County, Florida, and the Western shoreline
ofTaylor Creek in Section 15, Township 37 South, R.ange 35 East, OkeechobeeCounty, Florida, and
being more particularly described as follows:
Commencing at the Southeast comer of fractional Block 83, OKEECHOBEE, according to the plat
thereof recorded in Plat Book 5, Page 5, public records ofOkeechobee County, Florida and run
Southeasterly, along the Southerly extension of the East line of said Block 83, to the intersection
with the centerline ofN.E. {i'h Street (fonnerly Twelfth Street), also being the Southwest comer of
a parcel ofland as descnDed in O,R Book 405, Page 663, public records ofOkeechobee County,
Florida, and the POINT OF BEGINNING; thence continue Southeasterly, along said extended line,
to the Northeast comer of Lot 1 in Block 84 of said plat of Okeechobee; thence continue
Southeasterly, along the East line of said Lot I and the Southerly extension thereof, to the
intersection with the centerline of the 20 foot wide alley in said Block 84: thence run East, along the
Easterly extension of said centerline, to the Western shoreline of Taylor Creek; thence run
Northwesterly, along said Western shoreline, to the intersection with the Easterly extension of the
aforesaid centerline of said N,B. 6th Street and the Southeast comer of said land described in O.R
Book 405, Page 663; thence run West, along said extended centerline and also along the South
boundary line of said parcel of land, to the POINT OF BEGINNlNG.
AND:
Commencing at the Southeast comer of Lot 1 in Block 84, OKEECHOBEE, according to the plat
thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida and run
Southeasterly, along the Southerly extension of the East line of said Lot 1,10 the intersection with
the centerline of the 20 foot wide alley in said Block 84 and the POINT OF BEGINNING; thence
continue Southeasterly, along said extended line, to the Northeast comer of Lot 5 in said Block 84;
thence continue Southeasterly, along the East line of said Lot 5 and Southerly extension thereof, to
the intersection with the centerline ofN.E, 5th Street (formerly Eleventh Street); thence run East,
along the Easterly extension of said centerline, to the Western shoreline of Taylor Creek; thence run
Northwesterly, along said Western shoreline, to the intersection with the Easterly extension of the
aforesaid centerline of the 20 foot wide alley in Block 84; thence ron West, along said extended
centerline, to the POINT OF BEGINNING,
AND:
Commencing at the Southeast comer of Lot 5 in Block 84, OKEECHOBEE, according to the plat
thereof recorded in Plat Book S, Page S, public records of Okeechobee County, Florida and run
Southeasterly, along the Southerly extension of the East line of said Lot 5, to the intersection with
the centerline ofN.E. 5111 Street (formerly Eleventh Street) and the POINT OF BEGINNlNG: thence
continue Southeasterly, along said extended line, to the Northeast comer of Lot I in Block 115 of
said plat of Okeechobee; thence continue Southeasterly, along the East line of said Lot I and the
Southerly extension thereof, to the centerline of the 20 foot wide alley in said Block 115, also being
the Northwest comer of a parcel of land as described in OR Book 406, Page 288, public records
ofOkcechobee County, Florida; thence run East. along the Easterly extension of the centerline of
said 20 foot wide alley and along the North boundary line of said parcel of land, to the Western
shoreline of Taylor Creek and the Northeast comer of said land described in O,R. Book 406, Page
288; thence nm Northwesterly, along said Western shoreline. 10 the intersection with the Easterly
extension of the aforesaid centerline of N.E. 6'" Street; thence run West along said extended
centerline, to the POINT OF BEGINNING,
AND:
Commencing at thepoint of intersection of the Northerly extension of the East line ofBJock 147 and
the Southeast comer of Lot 12 inBlock 116, OKEECHOBEE, according to the pIat thereof recorded
in Plat Book 5, Page 5, public records ofOkeechobee County, Florida, and run Southwesterly, along
OR BK 00511 PG 1168
said Northern extension of the East line of said Block 147, to the intersection with the centerline of
N.E, 3R1 Street (formerly N'mth Street), also being the Southwest comer of a parcel of land as
described in O.R Book 405, Page 664, public records of Okeechobee County, Florida, and the
POINT OF BEGINNING; thence continue Southwesterly along said extended line, to the Northeast
comer of Lot 1 in said Block 147; thence continue Southwesterly, along the East line of said Lot 1
and the Southerly extension thereof, to the Northeast comer of Lot 9 in said Block 147; thence run
East, along the Easterly extension of the North line of said Lot 9, to the Western shoreline of Taylor
Creek; thence run Northeasterly, along said Western shoreline, to the intersection with the Easterly
extension of the aforesaid centerline ofN.E, 311I Street, also being the Southeast comer of said land
described in O,R Book 405, Page 664; thence run West, along said extended centerline and also
along the South boundary line of said parcel of land, to the POINT OF BEGINNING,
',',.,',",',...'..,'.',.,.1"".:;;.:.'1.,. "rif;, ,""
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FILE NUH 397901
OR BK 00511 PG 1151
SHARON ROBERTSON, CLERK OF CI~CUIT COURT
OKEECHOBEE COUNTY, FL
RECORDED 09/18/2003 0~1521~0 PM
RECORDING FEES 10.50
DEED DOC 952.00
RECORDED BY N Arnold
."k~,..: . , .
, '; ~hl. D<ltlUl1ent Prepared By and Return to:
. CONELY & CONELY, P.A.
. TOM W. CONELY, III
,,401 N.W. 6TH STREBT
".P.O. DRAWER 1367
'OKEECHOBBB; FL 34973"1367
~G? -,~
tlarcel iDNumber: 3 -15-37 ..35"0010 "01470- 0060
Grantee #1 TIN:
, Grantee #2 TIN:
N~rranty.'D~ed;}"
,'k)~:~:this 1I1dentu.te; Made this 27 th day of'
. .".. ';'t'! PliED B.. CAGLE
June
, 2003 A.D.,
Between
>:;t,~" ~::~,- :'--', '- "i
",K~i,:o~t~r;~Zj JR. and ANITA S. mmi:z; his ::;;f Florida
, grantor; and
.'.,' .....,
;;:',:"""- -';<
. whose address is: 2085 S.E. 4th street, Okeechobee, FL 34974
,:,,~,-':'::,' ,.',"
X.~i"iftheCOunty of Okeechobee
. State lif Florida
; grantees.
"".".
;i:'wttnesseth that the GltANtoR, fot at1d In conslderatiOIi of the llUDl of
;"",,,,,,,, ..:;;".... ........... .."'''' :...."""'''' "-'i'ENDOLLARS ($10)"''' ......... ......:........... - -.. -......- -- DOIiARS,
. " iIild other good and valuable cllllSideratiott to GRANTOR in band paid b)' GRANTEES' the receipt whereof is bereby acknowledged, has
'.-/~; , " . griiDted, bargained and !!old to the said GRANTEES Ilt1d GRANTEES' heirs, successors and assigns forever, the following descn'bed land, situate,
!ying8rldbeingintheCountyof okeeci1obee " State of Florida to wit:
":" . See Exhibit hAn' attached .hereto.
, ,::'...'\>",
'THE PROPERTY HEREI~ CONVEYED DOES NOT. CONSTITuTE THE HOMESTEAD
., PROPERTY OF GRANTOR.
-{stl.b:lect to'restrictiOns; rElservati6ns aftd.asements of record, if
CtiiyF'""hich are f16t reimpOsed hereby,'. and ,taxes subsequent to December
;131Elti'2002. '
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and ,the "Ilmotor does hereby fully Warrant the title to said land, and will defend the same against lawful ciaims of all persons whomsoever:
"':""',. '. "., .,.... ... .' '.. . . .,t ,.'
In;~~~~Si~eteof,ihe grailtor, has hereunto set his hand aind seal the day and year first above ~tten.
S"''i~,~ - . i'! ..'" P.....u,,'-z;;Jrg ~
> FirED, S,' CAGLE ,
(Seal)
. P.O. Address: Pod om<< Box 1033, inverness, ilL 34451
stAtE OF FLORIDA
COti1'fIi!'OF OKEECHOBEE
The:tote~ln8instruinettt~ Iicknowledged before me this
RED~;:B ~~r CAGLE ':'>1' '.'..
June
~ 2003 by
27th day of
c0>>f!lu'~~/~ !,\.
:;.~.;,,'TI~Y .. ~.
Myo.~sioIiExpires: . 12/12/04
..\
~
d~ aK 00511 PG 1152
).~~i)"
EXHIBIT "A';
7-<J ~ <<7 ~
Lots 6, 1, 8 and 9 of Block 147, OKEECHOBEE, according to the plat theteof recorded in Plat Book
5, Page 5, public records ofOkeechobee County, Florida.
':ii' AND:
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BEGINNING at the Northeast comet of Lot 9 of Block i 47; O.rrnECHOBEE; according to the plat
thereof tecorded in Plat Book 5, Page S, public recotdsot Okeechobee County, Florida, and run
." Southwesterly, atong the East line of said Lot 9 to the Southeast comer of said Block 147; thence
... tun Southwesterly to the Northea.st comet of fraCtional.BlockJ 48. of said plat. of Okeechobee;
thence tun East, atong the Eastetly'extedSiol1 of the1'lotth tine ot said Block 148; tl:>. the Western
shoreline of Taylor Creek; thence run Northeasterty;' along said Westent shoreline; to the intersection
with the Easterly extensIon of the North line of aforesaid Loi9; thence run West, along the extended
North line of said Lot 9; to the POINT OF BEGINNlNG.
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Fort Myers, Florida 33901-2845
Phol&39-334-3366 Fax: 239-334-6384
Staff Report - Small Scale
Comprehensive Plan
Amendment
Prepared for.•
Applicant:
Petition No.
The City of Okeechobee
David & Anita Nunez
General Information
Location: NE 7th Avenue
Legal Description: COMMENCING AT THE POINT OF INTERSECTION OF THE
NORTHERLY EXTENSION OF THE EAST LINE OF BLOCK 147 AND THE
SOUTHEAST CORNER OF LOT 12 IN BLOCK 116, OKEECHOBEE, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC
RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND RUN SOUTHWESTERLY
ALONG SAID NORTHERN EXTENSION OF THE EAST LINE OF SAID BLOCK 147,
TO THE INTERSECTION WITH THE CENTERLINE OF NE 3RD STREET (FORMERLY
NINTH STREET), ALSO BEING THE SOUTHWEST CORNER OF A PARCEL OF
LAND AS DESCRIBED IN O.R. BOOK 405, PAGE 664, PUBLIC RECORDS OF
OKEECHOBEE COUNTY, FLORIDA, AND THE POINT OF BEGINNING; THENCE
CONTINUE SOUTHWESTERLY ALONG SAID EXTENDED LINE, TO THE
NORTHEAST CORNER OF LOT 1 IN SAID BLOCK 147; THENCE CONTINUE
SOUTHWESTERLY ALONG THE EAST LINE OF SAID LOT 1 AND THE
SOUTHERLY EXTENSION THEREOF, TO THE NORTHEAST CORNER OF LOT 9 IN
SAID BLOCK 147; THENCE RUN EAST, ALONG THE EASTERLY EXTENSION OF
THE NORTH LINE OF SAID LOT 9, TO THE WESTERN SHORELINE OF TAYLOR
CREEK; THENCE RUN NORTHEASTERLY, ALONG SAID WESTERN SHORELINE,
TO THE INTERSECTION WITH THE EASTERLY EXTENSION OF THE AFORESAID
CENTERLINE OF NE 3RD STREET, ALSO BEING THE SOUTHEAST CORNER OF
SAID LAND DESCRIBED IN O.R. BOOK 405, PAGE 654; THENCE RUN WEST,
ALONG SAID EXTENDED CENTERLINE AND ALSO ALONG THE SOUTH
BOUNDARY LINE OF SAID PARCEL OF LAND TO THE POINT OF BEGINNING.
AND:
LOTS 6, 7, 8, AND 9 BLOCK 147, OKEECHOBEE, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF
OKEECHOBEE COUNTY, FLORIDA.
Staff Report
Small -Scale
Plan Amendment
scant: David and Anita Nunez
Petition No. 08-004-SSA
BEGINNING AT THE NORTHEAST CORNER OF LOT 9 OF BLOCK 147,
OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND
RUN SOUTHWESTERLY, ALONG THE EAST LINE OF SAID LOT 9 TO THE
SOUTHEAST CORNER OF SAID BLOCK 147; THENCE RUN SOUTHWESTERLY
TO THE NORTHEAST CORNER OF FRACTIONAL BLOCK 148 OF SAID PLAT OF
OKEECHOBEE; THENCE RUN EAST, ALONG THE EASTERLY EXTENSION OF
THE NORTH LINE OF SAID BLOCK 148, TO THE WESTERN SHORELINE OF
TAYLOR CREEK; THENCE RUN NORTHEASTERLY, ALONG SAID WESTERN
SHORELINE, TO THE INTERSECTION WITH THE EASTERLY EXTENSION OF THE
NORTH LINE OF AFORESAID LOT 9; THENCE RUN WEST, ALONG THE
EXTENDED NORTH LINE OF SAID LOT 9, TO THE POINT OF BEGINNING.
Description of the Request
The matter before the Local Planning Agency and City Council is an application for an
amendment to the Future Land Use Map from Single Family Residential to Commercial
for approximately 1.74 acres of land bordering Taylor Creek. Subsequent to this,an
application for rezoning to either CHV or CLT can be expected.
7
Staff Report A cant: David and Anita Nunez
Small -Scale Comprehensive Plan Amendment Petition No. 08-004-SSA
General Analysis . Staff Comments
Based on the size of the property (1.74 acres) this application qualifies under Chapter
163, F.S. as a Small Scale Amendment to the Comprehensive Plan.
The Applicant also owns the one acre parcel immediately to the south that is zoned
CHV and is proposed for commercial development and for which the Board of Adjust-
ment has heard an application for variances to allow "zero" setbacks along the west and
north property lines. The Applicant requested postponement and to -date the matter has
not yet received further review or consideration by the Board.
The applicant is requesting this amendment to the Future Land Use Map to allow a
multi -functional building for social, religious, political, holiday, sports and other special
events. While the proposed use is similar to a community center, because it will be
primarily operated for profit, it does not qualify as a community center and therefore
would have to be considered commercial indoor recreation. Commercial indoor
recreation is a permitted use in the CHV zoning district and is allowed by Special
Exception in the CLT zoning district.
A. Consistency with the Land Use Categories and Plan Policies.
The Comprehensive Plan requires the City to manage future growth and implement land
development regulations which would protect the use and value of private property and
environmentally sensitive areas from adverse impacts of development. Allowing a
Commercial Future Land Use designation on this property would encourage further
pressure for conversion of nearby single-family lands to Commercial. Due to problems
in the past, the City's Plan includes a series of policies to protect Taylor Creek with
particular reference to water quality. Except for the parcels immediately adjacent to SR
70, and the Industrial park in the northeast corner of the City, all lands adjacent to
Taylor Creek are designated Single -Family on the Future Land Use Map. Single-family
use is the least intensive use and is less likely to have detrimental effects upon the
Creek than any commercial use. Because commercial lands are allowed up to 85%
impervious coverage, as compared to just 55% for single-family uses, the greater
intensity of commercial use increases the potential for adverse impacts upon the Creek.
3
Staff Report
Small -Scale
Plan Amendment
,plicant: David and Anita Nunez
Petition No. 08-004-SSA
B. Adequacy of Public Facilities
Potable Water:
Water is available to the sitevia a two-inch line running along NE 74' Avenue.
Under the Single-family land use category up to a maximum of five units per acre is
allowed. Therefore the maximum number of units would be seven dwelling units.
Staff estimates that .up to about 36,000 square feet of commercial space could
possibly be constructed on the 1.47 acres by building a two-story structure.
The overall Level of Service Standard (LOSS) is 114 gallons per person per day.
While OUA has no specific standard for demand for potable water associated with
commercial uses, review of other sources including Manatee County, which has
developed a table for estimating utility flow for various uses, and the Florida Depart-
ment of Health, which also estimates flows associated with certain uses for
determining system size, lead us to believe that it would be reasonable to use a
factor of 100 gallons per 1,000 square feet of floor area.
Projected demand with seven single-family units = 798 gpd
Projected demand from 36,000 square feet of commercial space = 3,600 gpd
Sewer:
Sewer service is available to the site but the applicant would need to extend a line a
couple hundred feet to connect to the gravity sewer at the west of end of Block 146
or construct a pump station if the gravity sewer would not work. It is questionable
whether or not the regulatory agency would allow the use of a septic tank so close to
Taylor Creek.
LOSS is 130 gallons per person per day. Demand from a general commercial use is
estimated to be the same as for water, about 100 gallons per 1,000 square feet of
floor area.
Projected demand with seven single-family units = 910 gpd
Projected demand from 36,000 square feet of commercial space = 3,600 gpd
Solid Waste:
LOSS is 13 pounds per person per day.
Projected demand with seven single-family units = 91 Ibs/day.
Id
Staff Report P 'cant: David and Anita Nunez
Small -Scale Comprehens. _ s Plan Amendment Petition No. 08-004-SSA
We have no specific data that would indicate the amount of waste that would likely
be generated by general commercial space, but we suspect it would be somewhat
greater than 91 Ibs/day for a 36,000 sf commercial use. However, there have been
a number of instances in the recent past where the capacity of the landfill has been
confirmed as being capable of accommodating new development. Staff understands
this would continue to be the case in this instance, regardless of the type of use.
Traffic:
LOS — Principal Arterials C
Minor Arterials D
All other roadways D
Based on the Seventh Edition of the ITE Trip Generation Manual single-family uses
generate approximately 1.01 trips in the PM Peak Hour. Commercial traffic
generation varies widely depending on the specific use, but even general office use
would generate 1.49 trips per 1,000 square feet in the peak hour, and most other
commercial uses generate at least three trips per 1,000 square feet.
Peak hour traffic with seven single-family units = 7 trips.
Each of the following represents uses of varying levels of intensity allowed in the
Commercial Land Use Category:
Peak hour traffic with 36,000 square feet of office space = 54 trips.
Peak hour traffic with 36,000 square feet of general commercial space = 108 trips.
Peak hour traffic with 36,000 square feet of medical office = 134 trips.
C. Compatibility with Adjacent and Nearby Land Uses
As can be seen on the aerial view of the property most of the nearby property is
either vacant or developed residentially. For the most part, lands located east of NE
4th Avenue and north of NE 2nd St. are zoned and either vacant or developed in
residential use. There are some scattered commercially designated, zoned, and
developed parcels within this area, but they are the exception. The Fish House is
the nearest commercial use and is located on the north side of NE 3`d St. However,
it is a nonconforming use and may not be used as a basis for rezoning other
properties. Staff does not believe that the more intense development that would be
allowed by changing the land use designation from Single -Family to Commercial,
and the likely increase in traffic on NE 7th Avenue and potentially other local
roadways is compatible with the surrounding area and would be detrimental to the
area.
5
Staff Report
Small -Scale
Plan Amendment
David and Anita Nunez
Petition No. 08-004-SSA
Recommendation
Based on the Staffs finding that the request is not consistent with the Comprehensive
Plan, could potentially have greater negative impact upon Taylor Creek than may be the
case under the current land use designation, and incompatibility with the zoning and
existing land use pattern in the area, Staff recommends denial of the Applicant's
request to amend the Future Land Use Map from Single -Family to Commercial.
Submitted by:
James G. LaRue, AICP
April 9, 2008
Property Appraiser's Aerial Photograph
FLUM
Zoning Map
15t Hearing Planning Board April 17, 2008
G