2022-07-19 EX 05Exhibit 5
7/19/2022
ORDINANCE NO. 1256
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA;
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND
MORE PARTICULARLY DESCRIBED HEREIN, FROM
RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) TO HEAVY
COMMERCIAL (CHV), PETITION NO. 22-004-R; AMENDING
THE ZONING MAP ACCORDINGLY; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida has adopted
Ordinance No. 402 in which a revised Official Zoning Map was adopted for
said City; and
WHEREAS, Anita Nunez, Registered Agent of Anita's Rental Properties has
heretofore filed Petition No. 22-004-R, pursuant to the Land Development
Regulations of the City of Okeechobee for the purpose of rezoning a certain
tract of land consisting of approximately 2.41 acres from RSF-1 to CHV; and
WHEREAS, said Petition was reviewed by the City's Planning Consultant who
determined, based on initial findings and review, that such petition is
consistent with the Comprehensive Plan; and
WHEREAS, said Petition being reviewed by the City's Planning Board at a duly
advertised Public Hearing held on June 16, 2022, determined that such
petition is consistent with the Comprehensive Plan; and
WHEREAS, the City Council agreed with the recommendation of the Planning
Board and hereby finds such rezoning petition to be 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 Officer for the City; that:
SECTION 1: LEGAL DESCRIPTION.
The following described land consisting of approximately 2.41 acres, as the
subject property, located in the City of Okeechobee, to -wit:
BEGINNING 921.5 FEET SOUTH OF THE NE CORNER OF SE 1/4 OF
SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, AND RUN SOUTH
293.3 FEET ALONG SECTION LINE TO A POINT 1426 FEET NORTH FROM
THE SE CORNER OF SAID SE 1/4 OF SAID SECTION 21; RUN THENCE
WEST AT RIGHT ANGLES 361 FEET, MORE OR LESS, TO THE EAST
BOUNDARY OF PARROTT AVENUE IN THE CITY OF OKEECHOBEE, RUN
THENCE NORTH ALONG PARROTT AVENUE 293.3 FEET, RUN THENCE
EAST AT RIGHT ANGLES 361 FEET, MORE OR LESS, TO THE POINT OF
BEGINNING. LYING IN AND COMPRISING A PART OF GOVERNMENT LOT
4, IN SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST.
Ordinance No. 1256, Page 1 of 2
SECTION 2: ZONING MAP AMENDMENT.
That the aforesaid Revised Zoning Map of the City of Okeechobee be
amended to reflect the subject property to be changed from RSF-1 to CHV.
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 become effective thirty-one (31) days after its adoption
if the associated Comprehensive Plan Amendment, No. 22-004-SSA, is
adopted and not timely challenged. If the Comprehensive Plan is timely
challenged, this ordinance shall become effective on the date the State Land
Planning Agency, or the Administration Commission enters a final order
determining the Comprehensive Plan Amendment to be in compliance.
INTRODUCED for First Reading and set for Final Public Hearing on this 19th day of
July 2022.
Dowling R. Watford Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 16th day of
August 2022.
Dowling R Watford Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney
Ordinance No. 1256, Page 2 of 2
V. PUBLIC HEARING ITEM B CONTINUED
3. No public comments were offered.
4. No Ex-Parte disclosures were offered.
5. Motion by Board Member Baughman, seconded by Board Member
McAuley to recommend approval to the City Council for Comprehensive
Plan Small Scale FLUM Amendment Application No. 22-004-SSA, as
presented in [Exhibit 2, which includes the findings as required for granting
Applications per Code Section 70-340; and the Planning Consultant's
analysis of the findings and recommendation for approval.] Motion
Carried Unanimously. The recommendation will be forwarded to the City
Council for consideration at a Public Hearing tentatively scheduled for July
19, 2022.
QUASI-JUDICIAL ITEM
C. Rezoning Petition No. 22-004-R, requests to rezone from RSF-1 to CHV, on
4.21± acres, located in the 1000 block of the East side of South Parrott Avenue
for the proposed use of developing a new commercial business.
1. Notary Public Patty Burnette administered an oath to Mr. Steven Dobbs,
209 Northeast 2nd Street, Okeechobee, Florida, who responded
affirmatively.
2. City Planning Consultant Smith briefly reviewed the Planning Staff Report
finding the requested rezoning from RSF-1 to CHV for the subject property
to be reasonably compatible with adjacent uses, consistent with the
urbanizing pattern of the area and consistent with the City's
Comprehensive Plan, therefore recommending approval should the
concurrent request to change the FLUM to C be approved. For the record,
a notation was made that the correct acreage amount for the petition
request should be 2.41± and not 4.21.
3. Mr. Dobbs, Consultant for the Property Owner, Anita Nunez, Registered
Agent of Anita's Rental Properties, Inc. was present and available for
questions. There were none.
4. No public comments were offered.
5. No Ex-Parte disclosures were offered.
6. Motion by Board Member Brass, seconded by Board Member Baughman
to recommend approval to the City Council for Rezoning Petition No. 22-
004-R as presented in [Exhibit 3, which includes the findings as required
for granting Petitions per Code Section 70-340; and the Planning
Consultant's analysis of the findings and recommendation for approval].
Motion Carried Unanimously. The recommendation will be forwarded to
the City Council for consideration at Public Hearings tentatively scheduled
for July 19, 2022, and August 16, 2022.
CHAIRPERSON HOOVER CLOSED THE PULIC HEARING AT 6:25 P.M.
VI. CITY ADMINISTRATOR UPDATE
Gary expressed his thanks for the Board Members' attendance at the Joint Workshop
with the City Council that was held on May 24, 2022, and would update them once
information was received from the Central Florida Regional Planning Council. He gave
a brief update on how the City Charter would be presented on the ballot.
VII. Chairperson Hoover adjourned the meeting at 6:31 P.M.
Submitted by:
Patty M. Burnette, Secretary
Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board with
respect to any matter considered at this proceeding, he/she may need to ensure that a verbatim record of the proceeding is
made, which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are
for the sole purpose of backup for official records.
June 16, 2022, Planning Board Meeting Page 2 of 2
22-004-R
Rezoning Staff Report
P
+ i i _
12TH :T
- -
Applicant I Anita's Rental Properties
Address j 1000 Block of the East Side of South Parrott Ave
Prepared for The City of Okeechobee
MORRIS
DEPEW
Rezoning Request
Staff Report
General Information
Owner: Anita's Rental Properties
Applicant: Anita's Rental Properties
Primary Contact: Steven L. Dobbs (863)-634-0194
Site Address: 1000 Block of the East Side of South Parrott Ave
Parcel Identification: 2-21-37-35-OA00-00045-0000
06/07/2022
Petition No. 22-004-R
Note: For the legal description of the project or other information relating 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.citvofokeechobee.com/agendas.htm/
Future Land Use, Zoning, and Existing Use of Subject Property
Parcel Identification:
2-21-37-35-OA00-00045-0000
Future Land Use
Zoning
Use of Property
Acreage
Existing
Multi -Family Residential
Residential Single Family-1
Vacant
2.41
Proposed
Commercial
Heavy Commercial
Restaurant
2.41
Future Land Use, Zoning, and Existing Use of Surrounding Properties
Future Land Use
Zoning
Existing Use
North
Commercial
Commercial
Bar/restaurant
East
Mixed -Use
Holding
Vacant
Residential
South
Multi -Family
Residential Single
Single Family dwelling
Residential
Family-1
West
Commercial
Commercial
Vehicle sales, Motel
Description of Request and Existing Conditions
The request for consideration by the City of Okeechobee Planning Board and City Council is a Rezoning
from Residential Single Family-1 to Heavy Commercial. The request involves a parcel that is approximately
CITY OF OKEECHOBEE MORRIS
MMWNI�MDEPEVV
Rezoning Request
Staff Report
06/07/2022
Peti`ion No. 22-004-R
2.41 acres with frontage on US-441, a principal arterial roadway. The survey provided as part of the
application submittal indicates that 0.40 acres of wetlands exist on the subject parcel. In the responses
below, the Applicant states that the intended usage is a restaurant. If this rezoning is approved, the
property may be developed according to standards of the Comprehensive Plan and the Land Development
Code, specifically those that pertain to the CHV district.
Consistency with LDC Section 70-340
City LDC Section 70-340 requires that applicants for rezoning requests must address the following
standards. The applicant has submitted responses to each standard, which are provided un-edited below.
Staff comments are also provided in response to the standards and the applicant's responses.
1) The request is not contrary to comprehensive plan requirements
Applicant Response: The proposed request in not contrary to the Comprehensive plan
requirements. The 2.41 acres site is currently zoned Residential Single Family -one, and the
surrounding properties are zoned Heavy Commercial, and Holding making the zoning change
compatible by completing the Heavy Commercial zoning in this area and is in accord with the City
Council's commitment to a commercial corridor.
Staff Comment: The subject property is located within the Commercial Corridor along US-441. The
requested Heavy Commercial zoning designation is consistent with the abutting uses to the north,
and adjacent uses to the west, which are also both zoned Heavy Commercial. Though the subject
property abuts a parcel zoned Multi -Family Residential to the south and Holding to the east, the
prevailing land use of property with frontage on this segment of US-441 is Commercial. If the
Applicant's concurrent comprehensive plan amendment request to change the Future Land Use
from Multifamily Residential to Commercial is approved, then staff finds that the requested
zoning designation will be consistent with the Comprehensive Plan.
2) The use is specifically authorized under the zoning district regulations applied for.
Applicant Response: The proposed development of a restaurant on Heavy Commercial zoned land
is specifically authorized under the proposed zoning district in the Land Development Regulations.
Staff Comment: Per Section 90-282(3) of the LDC, restaurants, take-out restaurants, and cafes are
all allowed uses within the Heavy Commercial zoning designation. Staff finds that the requested
use is consistent with the City of Okeechobee Land Development Code.
3) Approval of the request will not have an adverse effect on the public interest
Applicant Response: The proposed zoning change should have a positive impact on the public
interest to develop land that has access to all utilities and roads which will increase land value
and development potential as a heavy commercial use.
Staff Comment: The proposed zoning change from Residential Single -Family 1 to Heavy
Commercial would allow for uses that are more consistent with the predominant commercial land
use pattern found along US-441 and for the development of additional consumer options.
CITY OF OKEECHOBEE MORRIS =' __-.
DEPEW
Rezoning Request
Staff Report
06/07/2022
Petition No. 22-004-R
4) The use is appropriate for the location proposed, is reasonably compatible with adjacent uses, and is
not contrary or detrimental to urbanizing land use patterns
Applicant Response: The proposed use is appropriate for the location with restaurants to the
north, south and west of the parcel.
Staff Comment: Surrounding uses include restaurants and other commercial uses. Additionally,
the subject property is located within the US-441 commercial corridor, in which the City has
historically encouraged the development of commercial uses. Staff finds that the requested usage
is compatible with proximate uses and consistent with the established surrounding land use
pattern.
5) Approval of the request will not adversely affect property values or living conditions, nor be a deterrent
to the improvement or development of adjacent properties
Applicant Response: The proposed use should positively impact property values, living conditions
by constructing an additional restaurant and be an improvement to the adjacent property, and
development of previous single family residential land.
Staff Comment: Allowing for the highest and best use of this property to be realized through
commercial development should positively impact property values and living conditions and may
encourage improvement of adjacent properties.
6) The use can be suitable buffered from surrounding uses, so as to reduce the impact of any nuisance or
hazard to the neighborhood
Applicant Response: The proposed use can be suitably buffered from surrounding uses or use
cross access to complement the adjacent uses.
Staff Comment: The subject property is large enough that adequate space for any required buffers
is available. Once a site plan is proposed, it will be reviewed by staff and the City's Technical
Review Committee for compliance with all applicable landscaping and buffering requirements.
7) Approval of the request will not create a density pattern that would overburden public facilities such
as schools, streets, and utility services
Applicant Response: The use will not create density patterns that would overburden any public
facilities. The potential development impacts are on an arterial road that can handle much more
traffic than it currently experiences.
Staff Comment: The proposed commercial usage will not affect density patterns and it is not
expected that any commercial use of this property will overburden public facilities.
8) Approval of the request will not create traffic congestion, flooding or drainage problems, or otherwise
affect public safety
Applicant Response: The proposed use will not impact traffic congestion as the existing arterial
road provides adequate capacity for the additional traffic. FDOT has drainage to the west and
there is drainage to the east into Taylor Creek. This project will not adversely affect public safety.
CITY OF OKEECHOBEE MORRIS
DEPEW
Rezoning Request
Staff Report
06/07/2022
Petition No. 22-004-R
Staff Comment: The Applicant provided a Traffic Impact Study for this rezoning application and
the associated Small Scale Comprehensive Plan Amendment (22-004-SSA) that was completed by
MacKenzie Engineering & Planning, Inc. All calculations and references are included as they
appear on the TIS. Staff agrees with this analysis of the TIS that there is adequate roadway capacity
to support the traffic volume that the proposed amendment could create.
9) The use has not been inordinately burdened by unnecessary restrictions
Applicant Response: The proposed use has not been inordinately burdened by unnecessary
restrictions.
Staff Comment: Agreed.
Recommendation
Based on the materials provided by the applicant and the above analysis, if the City approves the
associated comprehensive plan amendment request for Commercial future land use, we find that this
request to rezone the subject parcel from RSF-1 to CHV is consistent with the City's Comprehensive Plan,
reasonably compatible with adjacent uses, and is consistent with the surrounding pattern of land use.
Therefore, we recommend approval of the Applicant's request.
Submitted by:
Ben Smith, AICP
Director of Planning
June 7, 2022
Okeechobee Planning Board Hearing June 16, 2022
CITY OF OKEECHOBEE MORRIS .-
MMMR!IIWDEF`EW
Rezoning Request
Staff Report
Supplemental Exhibits
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ZONING
CITY OF OKEECHOBEE
5
06/07/2022
Petition No. 22-004-R
MORRIS
DEPEW
Rezoning Request
Staff Report
SW 8TH ST
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LAND USE CLASSIFICATIONS 1
---- RAILROAD CENTERLINE
- -- HOPKINS MEANDER LINE
---- RAILROAD CENTERLINE
IW_b-nd ry_Mm
J IW_beollgrounQpaMeIS
SINGLE • FAMILY RESIDENTIAL
MIXED USE RESIDENTIAL
MULTI • FAMILY RESIDENTIAL
- COMMERCIAL c
INDUSTRIAL
PUBLIC FACILITIES - s--
CITY OF OKEECHOBEE
Exhibit D: Future Land Use
0
06/07/2022
Petition No. 22-004-R
MDEPEW�
Exhibit 3 June 16, 2022
City of Okeechobee
Date: ;'7.-3-dA Petition No. a07_Q0rkj
General Services Department
Fee Paid: 4 a, pQ Jurisdiction: J
55 S.E. 3`d Avenue, Room 101
Okeechobee, Florida 34974-2903
1S Hearing: /� t� 2" Hearin g
Publication Dates: i . ((6,0,p
Phone: (863) 763-3372, ext. 9820
Fax: (863) 763-1686
Notices Mailed: toll
Rezone, Special Exception and Variance
APPLICANT INFORMATION
1
Name of property owner(s): Anita's Rental Properties, Inc.
2
Owner mailing address: 701 NE 3rd Street, Okeechobee, FL 33972
3
Name of applicant(s) if other than owner
4
Applicant mailing address:
E-mail address: anuncz974 n yahoo.corn
5
Name of contact person (state relationship): Steven I.. Dobbs - Consutant
6
Contact person daytime phone(s): 863-634-0194
1 PROPERTY INFORMATION
Property address/directions to property:
7
Unaddressed S. Parrott Avenue, Okeechobee, FL 34974 - From SR 70 and 441, head south on 441 for 0.7 miles, the
property will be on the east side of Parrott Avenue.
Describe current use of property:
8
Vacant
Describe improvements on property (number/type buildings, dwelling units, occupied or vacant, etc.
None
9
Source of potable water: OUA Method of sewage disposal: OUA
10
Approx. acreage: 2.41 Acres Is property in a platted subdivision?No
Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe:
No
11
12
Is a pending sale of the property subject to this application being granted? No
Describe uses on adjoining property to the North:
13
North: Commercial East: Vacant
South: Single Family West: Commercial
14
Existing zoning: : Residenti°' Single Farnily.I Multi- Family Residential Future Land Use classification:
15
Have there been any prior rezoning, special exception, variance, or site plan approvals on the
property? (X) No (_)Yes. If yes provide date, petition number and nature of approval.
16
Request is for: (2 ) Rezone (_) Special Exception (_) Variance
17
Parcel Identification Number: 2-21-37-35-OA00-00045-0000
(Rev 4/2020) Page I of I 1
VIJ
' fREQU ED ATTACH18Applicant's
statement of interest in property: Owner
t
Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $30/acre
Variance: $500
19
Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B
When the cost for advertising publishing and mailing notices of public hearings exceeds the
established fee, or when a professional consultant is hired to advise the city on the application,
the applicant shall pay the ac alF-cost .
20
Last recorded warranty deed Janua 2 _�,C(� i
21
Notarized letter of consent from property owner (if applicant is different from property owner)
Three (3) CERTIFIED BOUNDARY surveys of the property (one no larger than 11x17; scale not less
22
than one inch to 20 feet; North point) containing:
a. Date of survey, surveyor's name, address and phone number
b. Legal description of property pertaining to the application
c. Computation of total acreage to nearest tenth of an acre
d. Location sketch of subject property, and surrounding area within one-half mile radius
23
List of surrounding property owners with addresses and location sketch of the subject property. See
the Information Request Form from the Okeechobee Property Appraiser's Office (attached)
24
Affidavit attesting to completeness and correctness of the list (attached)
25
Completed specific application and checklist sheet for each request checked in line 15
Confirmation of Information Accuracy
hereby certify that the information in this application is correct. The information included in this application is
for use by the City of Okeechobee in processing my request. False or misleading information may be
punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this
application.
Signature Printed Name Date
Anita Nunez
� O
Fo estions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820
(Rev 4/2020)
Page 2 of 11
ADDITIONAL INFORMATION REOt40 FQA A REZONING
A
Current zoning classification: Residential single Family-oneRequested zoning classification Heavy Commercial
Describe the desired permitted use and intended nature of activities and development of the property?
g
The client is proposing to develop a new commercial business on this parcel.
Is a Special Exception necessary for your intended use? No (_) Yes If yes, briefly describe:
C
Is a Variance necessary for your intended use? (2�j No (_) Yes If yes, briefly describe:
D
Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or
proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as
E
contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the
number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips and level
of service on all adjacent roadway links with and without the project.
F
Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described
below. Attach additional sheets as necessary.
FINDINGS REQUIRED FOR GRANTING A REZONING
OR CHANGE IN LAND DEVELOPMENT
REGULATIONS (See. 70-340, LDR page CD70:16)
It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the
proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation
sufficient explanation and documentation to convince the reviewing bodies to find that:
1. The proposed rezoning is not contrary to Comprehensive Plan requirements.
2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development
Regulations.
3. The proposed use will not have an adverse effect on the public interest.
4. The proposed 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.
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.
(Rev 4/2020) Page 6 of l t
Findings required for rezoning or change in land development regulations (cont.)
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
7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and
utility services
8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety.
9. The proposed use has not been inordinately burdened by unnecessary restrictions.
The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of
the above criteria and offer a recommendation for approval or denial.
(Rev 4/2020) Page 7 of 11
Anita's Rental Properties, Inc.
(Description of requested land use change and reason for request)
Anita's Rental Properties, Inc owns a parcel on 441 S, just south of Parrott Island Grill, in the
City of Okeechobee, the parcels total 2.40 acres. The owner is proposing a change of zoning on
the subject property. This property is located in Section 21, Township 37S, and Range 35E, with
the property's parcel IDs 2-21-37-35-OA00-00045-0000. It is currently located in the City of
Okeechobee with a current zoning of Residential Single Family -one.
The primary intent of rezoning these parcels is to amend the zoning classification to Heavy
Commercial. The proposed zoning is compatible with adjacent lands at this location surrounded
by Heavy Commercial to the north, south and west, while the property to the east is Holding.
This application requests the city to grant a change in zoning on these parcels from the existing
Residential Single Family -one to Heavy Commercial. The property can be accessed Highway
441 S.
Anita's Rental Properties, Inc. requests that the Planning Board recommend to the City Council
to grant the requested zoning amendment of these parcels to Heavy Commercial.
Anita's Rental Properties, Inc.
Responses to Standards for Considering Changes in Zoning
I. The proposed change is not contrary to the Comprehensive Plan Requirements;
The proposed request in not contrary to the Comprehensive plan requirements. The 2.40
acres site is currently zoned Residential Single Family -one, and the surrounding
properties are zoned Heavy Commercial, and Holding making the zoning change
compatible by completing the Heavy Commercial zoning in this area and is in accord
with the City Council's commitment to a commercial corridor.
2. The proposed use being applied for is specifically authorized under the zoning
district in the Land Development Regulations;
The proposed development of a restaurant on Heavy Commercial zoned land is
specifically authorized under the proposed zoning district in the Land Development
Regulations.
3. The proposed use will not have an adverse effect on the public interest;
The proposed zoning change should have a positive impact on the public interest to
develop land that has access to all utilities and roads which will increase land value and
development potential as a heavy commercial use.
4. The proposed 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:
The proposed use is appropriate for the location with restaurants to the north, south and
west of the parcel.
5. The proposed use will not adversely affect property values or living conditions, or be
a detriment to the improvement or development of adjacent property;
The proposed use should positively impact property values, living conditions by
constructing an additional restaurant and be an improvement to the adjacent property, and
development of previous single family residential land.
G. The proposed use can be suitably buffered from surrounding uses, so as to reduce
the impact of any nuisance or hazard to the neighborhood;
The proposed use can be suitably buffered from surrounding uses or use cross access to
complement the adjacent uses.
7. The proposed use will not create a density pattern that would overburden public
facilities such as schools, streets, and utility services;
The use will not create density patterns that would overburden any public facilities. The
potential development impacts are on an arterial road that can handle much more traffic
than it currently experiences.
S. The proposed use will create traffic congestion, flooding, or drainage problems, or
otherwise affect public safety;
The proposed use will not impact traffic congestion as the existing arterial road provides
adequate capacity for the additional traffic. MOT has drainage to the west and there is
drainage to the east into Taylor Creek. This project will not adversely affect public
safety.
9. The proposed use has not been inordinately burdened by unnecessary restrictions;
The proposed use has not been inordinately burdened by unnecessary restrictions.
2-21-37-35-OA00 00043-0000 ILKBAL PROPERTIES LLC' z
2-21-37-35-OA00-00046-0000 K J INVESTMENTS ENTERPRISES LL C/O YUSUF ILKBAL 11--: z
11 S PARROTT AVE OKEECHOBEE FL '
2-21-37-35-OA00-O0046-A000 RlSSANEN GWENDOLYN E 5461 NE 56TH PKWY 34974
2 21-37-35 OA00 00047-0000 KEMP PROPERTIES OF EECHOBEE 2485 HOPEWELL RD OKEECHOBEE FL 34972
2-22-37-35-OA00-00031-0000 TAYLOR CREEK FISHING VILLAGE 1505 NE STH BLVD OKEECHILTON GA 34974-2808
2-22-37-35-OA00-00032-0000 ARC HRSSTP3002 LLC 1411 SW 5TH AVE OKEECHOBEE FL 34972
2-22-37-35-OA00-00033-0000 STABILITY PROPERTY MANAGEMENT 1411 SW STH AVE ASHINGTON Sa NEW PORT RI 34974-5017
3-21-37-35-0040-00060-0030 STRAAT CAR WASH PROPERTY LLC NEW PORT RI 02840
3-21-37-35-0040-00060-0060 DECARLO FRANK 120 SW 8TH STREET MIAMIOKEECOGEE FL 34974
3-21-37-35-0040-00060-0120 MITCHELL GIANINNA A 405 SW 2ND STREET KEEL FL 33130
3-21-37-35-0040-00070-0010 PACIFIC CREEK LLC 1105 SW 4TH ST OKEECHOBEE FL 34974
3-21-37-35-0040-00070-0040 1012 PARROTT LLC 2025 MIMOSA AVE FORTPIERCE
OKEECHOBEE FL 34974
3-21-37-35-0040-00070-0070 GARCIA NAHUM H 2336 SE OCEAN BLVD 4333 FORT PIERCE FL 34949-3330
3-21-37-35-0040-00160-0010 AZTECA 1100 INVEST115 SW 10TH ST STUAR7 FL 34996-3310
MENT LLC 3-21-37-35-0040-00170-0010 HAZELLlEF D1N E C/O JESUS & YOLANDA LUNA 8890 NE 12TH LN OKEECHOBEE FL 34974
3-21-37-35-0040-00170-0030 - 1200 SOUTH PARROTT AVENUE OKEECHOBEE FL 34974-8148.
1208SPARROTTAVE LLC C/O SOMA DI CHIARA OKEECHOBEE FL 34974
3-21-37-35-0040-00170-0070 CURREN KENNETH YOUNG 9993 ROBINS NEST RD BOCA RATON FL
3-21-37-35-004A-00000-0010 BRYAN FAMILY COMMERCIAL 6301 SW 2ND AVE 334962103
3-21-37-35-004A-00000 0020 BRYAN FAMILY COMMERCIAL 6300 SE 128TH AVE OKEECHOBEE FL 34974-5221
3-21-37-35-004A-00000-0030 BRYAN FAMILY COMMERCIAL 6300 SE 128TH AVE OKEECHOBEE FL 34974
3-21-37-35-004A-00000-OOCO BRYAN FAMILY COMMERCIAL 6300 SE 9.28TH AVE OKEECHOBEE FL 34974
3-21-37-35-004A-00000-0100 BRYAN FAMILY COMMERCIAL 6300 SE 128TH AVE UKEECHOBEE FL 34974
6300 SE 128TH AVE OKEECHOBEE FL 34974
OKEECHOBEE FL 34974
apt
Petition No. <- 0
Affidavit Attesting to the Completeness and Accuracy
of the List of Surrounding Property Owners
hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my
knowledge and belief, the attached list constitutes the complete and accurate list of the property owners,
addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including
intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to
but held under the same ownership as, the lands subject to the application for a change in land use orzoning, said
list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the
Property Appraiser of Okeechobee County as of APril t 2022
and the
Assertions made to me by members of that Office that the information reviewed constitutes the most recent
information available to that office. I therefore attest to this J nd
Applicant
Anita Nunez
Name of Applicant (printed or typed)
STATE OF FLORIDA
COUNTY OF 0Hee-e { bee
day of
5-- a
Date
The foregoing instrument was acknowledged before me by means of Aphysical presence or ❑ online
notarization, this c>7� day of 0 V 202. , by /-1nl't a Wvll e z- who is personallyknown
to me or produced as identification.
�p'r`* ��i,�' Notary Public State of Florida
Marilyn Kluegel
�;— My Commission GG 309620
�w r� Expires 06/28/2023
� (r
Votary P b is S e gnatu
(Rev 4/2020) Page 3 of 11
5/3/22,12:45 PM Detail by Entity Name
DIVISION OF CORPORATIONS
DepartmentofState / Division of Corporations / Search Records / Search by Entity Name /
5/3/22, 12:45 PM
Detail by Entity Name
2022 04/19/2022
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oFr"'�wr Official Records Fite#2022001091 Page(s):3
Jerald D Bryant, Clerk of the Circuit Court & Comptroller
t Okeechobee, FL Recorded 1/27/2022 8:47 AM
Fees: RECORDING S44.00 D DOCTAX PD $0.00
aOfficial Records File#20220000100 Page(s):3
Jerald D Bryant, Clerk or the Circuit Court & Comptroller
Okeechobee, FL Recorded 1/4/2022 9:22 AM
Fees: RECORDING $27.00 D DOCTAY PD $4,=413.50
NOTE: THIS DEED IS BEING RE -RECORDED TO INCORPORATE THE PROOF OF AUTHORITY OF THE
PERSON SIGNING, GRANTED BY RESOLUTION.
This instrument prcpatcd by:
Nason, Yeager. Gerson. Harris cYG-;i=uitn ro, P.A.
Brian C. Hickey. Esquire
3001 PGA Blvd., Suite 305
Palm Beach Gardens. Florida 33410
Tax I.D. No. 2-21-37-35-GA00-00044=0(W'0 -
Tax T.D. No. 2-21-37-35-QA00-000.45-0009:
SPECIAI WARRANTY DEED
THIS INDENTURE, made this 29t1 day of December, 2021, between The Community Foundation
for Palm Beach and Martin Counties, Inc., a Florida not -for -profit corporation, for the benefit of
The Altobello Family Donor Advised Fund, whose address is 700 S. Dixie Highway, Suite 200,
West Palm Beach 33401, hereinafter referred to as "Grantor", and Anita's Rental Properties, Inc.,
a Florida corporation, whose address is 701 NE 31 Street, Okeechobee, Florida 34972, hereinafter
referred to as "Grantee".
WITNESSETH:
That Grantor, for and in consideration of the sum of TEN AND NO/ l 00 ($10.00) DOLLARS
and other good and valuable consideration, in hand paid by Grantee, the receipt whereof is hereby
acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm
unto Grantee, those certain lands situate, lying and being in the County of Okeechobee, State of
Florida, more particularly described on Exhibit A attached hereto, together with all improvements
thereon (collectively, the "Property").
SUBJECT TO the following; permitted exceptions ("Permitted Exceptions"):
1. Taxes and assessments for the year 2022 and subsequent years, which are not yet due and
payable; and
2. Conditions, restrictions, easements and reservations of record, if any, none of which are
hereby reimposed.
TOGETHER with all the tenements, hereditarnents and appurtenances belonging or in
anywise appertaining to the Property, and the reversion or reversions, remainder or remainders, rents,
issues and profits of the Property.
AND Grantor hereby represents, warrants and covenants that Grantor has good right and
lawful authority to sell and convey the Property and that Grantor wilt defend the title of said Property,
subject to the Permitted Exceptions, against the lawful claims and demands of all persons claiming
by, through or under Grantor, but against none other.
� `J
File Num # 2022001094 1/27/2022 2 of 5
File Num # 20220000100 1/4/2022 2 of 3
Grantor warrants that at the time of this conveyance, the Property is not the Grantor's
homestead within the meaning set forth in the constitution of the state of Florida, nor is it
contiguous to or a part of homestead property.
IN WITNESS WI�L;REOF, Grantor has hereunto set his hand and seal the day and year first
above written.
Signed, sealed and delivered
in the presence of -
Witness #1 Signature
i
Witness #1 Print Name
Witness #2 Signature
Witness #2 Print Name
STATE OF FLORIDA )
COUNTY OF PA-U P� = ) SS: 1
GRANTOR:
The Community Foundation for Palm Beach
and Martin Counties, Inc„ a Florida not -for -
profit corporation
By:
Steven Erjavec, Chief Fi a cial Officer
(SEAL)
The foregoing instrument was acknowledged before me by means of IYphysicaI presence
or 0 online notarization, this n£ C:C--? b-ee"- ZJ .2.c by SS'-1--V `J 6--1&JAA/9,Pr-esider*t- (2,F o
of The Community Foundation for Palm Beach and Martin Counties, Inc., a Florida not -for -profit
corporation, on its behalf, who is personally known to me or who has produced a Driver's License
as identification.
,g+�r NotaryPublic aWSWrnis of Florida
ar Lisa
a H commission
my
yMH 11668I5 n
w Exp. 101812026
X&,t 64 ice'
Notary Signature
Print Notary Name
NOTARY PUBLIC
State of Florida at Large
My Commission Expires: 10 t v Y 2- rZ-
File 1Num 0 2022001094 1/27/2022 3 of 5
EXHIBIT A
LEGAL DESCRIPTION
PARCELI:
Wile Nam # 20220000100 1/4/2022 3 of 3
Beginning at the Southeast corner of Section 21, Township 37 South, Range 35 East and run North along
Section line of said Section 21, a distance of 1426 feet for a POINT OF BEGINNING;
From said point of beginning run West, on a line parallel to the South boundary of said Section 21, 361
feet, more or less, to the East boundary of Parrott Avenue; thence run South, along East boundary line
of said Parrott Avenue, 200 feet; thence run East on a line parallel with the South boundary of said
Section 21, a distance of 361 feet, more or less, to the Last Boundary of said Section 21; thence run
North, along East boundary of said Section 21, to the POINT OF BEGINNING.
Said land lying and comprisin a part of SE 1/4 of SE 1/4 and Government Lot 4 of said Section 21.
PARCEL 2:
Beginning 921.5 feet South of NE Corn, : of',E 1/4 of Section 21, Township 37 South, Range 35 East, and
run South 293.3 feet along Section line to a point 1426 feet North from the SE Corner of said SE 1/4 of
said Section 21; run thence West at right angloa; 7,161 feet, more or less, to the East boundary of Parrott
Avenue in the City of Okeechobee; run thence North along Parrott Avenue 293.3 feet; run thence East at
right angles 361 feet, more or less, to the point of beginning.
Lying in and comprising a part of Government Lot 4, in Section 21, Township 37 South, Range 35 East
File Num # 2022001094 1/27/2022 4 of 5
Docu Sign Envelope ID: SFFCF807-82E3-4588-A7E2-5OD6A2907642
CERTIFICATE OF CORPORATE RESOLUTION
I HEREBY CERTIFY that I am the duly elected and qualified Secretary of the COMMUNITY
FOUNDATION FOR PALM BEACH AND MARTIN COUNTIES, INC., a Florida not -for -profit
corporation, and that the following resolutions were duly adopted in accordance with the Articles
of Incorporation and Bylaws of the Corporation on November 19, 2021.
WHEREAS: The Community Foundation for Palm Beach and Martin Counties (the "Foundation")
ovens two lots in Okeechobee, Florida described in Exhibit A (the "Property").
WHEREAS: A contracted offer of $630,500 all cash, no contingencies, closing within five business
days from buyer's receipt an approval of title commitment has been received from Anita's
Enterprises, Inc.
RESOLVED. The Foundation is aet+hortted to sell the Property under the terms and conditions as
stated above.
,.
RESOLVED: [Steven Erjavec, Chief Fii ar dil Officer] of the Foundation, is hereby authorized,
empowered, and directed to execute and on behalf of the Foundation, any and all
agreements, documents, certificates or instruments, including but not limited to a sales contract
and all other agreements otherwise deemed necessary or appropriate to accomplish the approved
sale of the Property.
IN WITNESS WHEREOF, I have hereunto affixed my name as Secretary, and have caused
the corporate seal to be hereunto affixed, this 19th day of November 2021.
COMMUNITY FOUNDATION FOR PALM
BEACH AND MARTIN COUNTIES, INC. a
Florida not -for -profit corporation.
Oocu 3lpnod by:
(
(CORPORATE SEAL) sfiln.a M., M.acrav{,cunJ
.. _ airo3�seiaeeaue...
Christina M. Macfarland, Secretary
File Num # 2022001094 1/27/2022 5 of 5
DocuS3gn Envelope ID: SFFCF807-82E3.45B8-A7E2-50D6A29D7642
EXMISIT A
Property
BEGINNING AT TNF_ SOUTHEAST CORNER OF SECTION 2 1, TOWNSHIP 37 SOUTH
RANGE 35 EAST, AND RUN NORTH ALONG SECTION LINE OF SA IDSECTION 2 1, A
DISTANCE OF 1426 FEET FOR A POINT OF BEGINNING; FROM SA ID POINT OF
BEG INNING RUN WEST, ON A LINE PARALLEL WITH THE SOUTH BOUNDARY OF SAID
SECTION 2 1, 361 FEET, MORE OR LESS TO THE EAST BOUNDARY OF PARROTT
AVENUE; THENCE RUN SOU'ri7i ALONG EAST BOUNDARY LINE OF SA LD PARROTT
AVENUE, 200 FEE -[';'!'HENCE RUN EAST ON A LINE PARALLEL WITH THE SOUTH
BOUNDARY OF SA ID SECTION 2 1, A DISTANCE OF 36 1 FEET, MORE OR LESS, TO THE
EAST BOUNDARY OF SAID SECTION 2 1; THENCE RUN N6RTi-1, ALONG EAST
BOUNDARY OF SA ID SEC-C(')N 2 1, TO THE POINT OF BEGINNING. SA ID LAND LYING
IN AND COMPRISING A P;'3RT OF THESE 1/4 OF SE 1/4 AND GOVERNMENT LOT 4 IN
SECTION 21, TOWNSHIP 1? 37 SOUTH. RANGE 35 EAST.
��....., and
BEGINNING921.5:FEETSOUTH0 l:l•IF-..4 7RTHEASTCORNEROFTL-LESOUTHEAST
Cq?L 114 OF SECTION 21, TOWNSHIP 37 �;C)U .FR, RANGE 35 EAST, AND RUN SOUTH293.3
FEET ALONG SECTION LINE TO A POINT 1426 FEET NORTH FROM THE SE
CORNER OF SAID SE CORNER OF SAID S C- 114 OF SAID SECTION 21; RUN THENCE
1 WEST AT RIGHT ANGLES 361 FEET, M[OiLE OR LESS, TO THE EAST BOUNDARY OF
PARROTT A VENUE IN THE CITY OF OKEECHOBEE, RUN THENCE NORTH ALONG
Q PARROTT AVENUE 293.3 FEET RUN THENCE EAST AT RIGHT ANGLES 361 FEET,
MORE OR LESS, TO THE POINT OF BEGINNING. LYING IN AND COMPRISING A
PART OF GOVERNMENT LOT 4, IN SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35
���UUU EAST-