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1283 #23-002-R, CBD to CHVORDINANCE NO. 1283 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 CENTRAL BUSINESS DISTRICT (CBD) TO HEAVY COMMERCIAL (CHV) PETITION NO. 23-002-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 (hereafter "City") has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for the City; and WHEREAS, Jay Patel, on behalf of Jitendra Living Trust, has heretofore filed Petition No. 23-002-R, pursuant to the Land Development Regulations of the City for the purpose of rezoning a certain tract of land consisting of approximately 0.65 acres from CBD 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 City's Comprehensive Plan; and WHEREAS, said Petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on December 21, 2023, 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 Rezoning Petition No. 23-002-R to be consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of the City to amend aforesaid revised Zoning Map as hereinafter set forth. NOW, THEREFORE, be it ordained before the City Council of the City; 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: RECITALS ADOPTED. The foregoing "whereas" clauses are incorporated herein as legislative findings by this reference and made a part hereof for all intents and purposes. SECTION 2: LEGAL DESCRIPTION. The following described land consisting of approximately 0.65 acres, as the Subject Property, located in the City, to -wit: BEGINNING AT THE INTERSECTION OF THE EAST (E) SIDE OF PARROTT AVENUE (AVE) WITH THE SOUTH (S) SIDE OF 7TH STREET (ST) [N/K/A SOUTHEAST (SE) 2ND ST], ACCORDING TO THE MAP OF THE TOWN OF OKEECHOBEE AS RECORDED IN PLAT BOOK (PB) 2, PAGE (PG) 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA (FL), AND RE- RECORDED IN PB 5, PG 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FL, AND RUN S ALONG THE E LINE OF PARROTT AVE 95-FEET (FT); THENCE E PARALLELING 7TH ST [N/K/A SE 2ND ST] 142.5-FT; THENCE NORTH (N) PARALLELING PARROTT AVE 95-FT TO 7TH ST [N/K/A SE 2No ST]; THENCE WEST (W) ALONG THE S LINE OF 7TH ST [N/K/A SE 2No ST] 142.5-FT TO THE POINT OF BEGINNING (POB); together with BEGINNING AT A POINT WHERE THE S BOUNDARY OF 7TH ST [N/K/A SE 2No ST] INTERSECTS THE W BOUNDARY OF TALLAHASSEE ST [N/K/A SE 2ND AVE] AND RUN S ALONG THE W BOUNDARY OF TALLAHASSEE ST [N/K/A SE 2ND AVE] A DISTANCE OF 95-FT TO A POINT; THENCE W AND PARALLEL TO 7TH ST [N/K/A SE 2ND ST] A DISTANCE OF 142.5-FT TO A POINT; THENCE N PARALLEL TO TALLAHASSEE ST [N/K/A SE 2ND AVE], A DISTANCE OF 95-FT TO THE S BOUNDARY OF 7TH ST [N/K/A SE 2ND ST]; THENCE E ALONG THE S BOUNDARY OF 7TH ST [N/K/A SE 2ND ST], A DISTANCE OF 142.5-FT TO THE POB. LYING AND BEING A PART OF SECTION 21, TOWNSHIP 37 S, RANGE 35 E, ACCORDING TO THE PLAT THEREOF RECORDED IN PB 2, PG 26, PUBLIC Ordinance No.1283, Page 1 of 2 RECORDS OF ST. LUCIE COUNTY, FL, AND RE -RECORDED IN PB 5, PG 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FL AND FIRST ADDITION TO OKEECHOBEE, AS RECORDED IN PB 2, PG 26 PUBLIC RECORDS OF ST. LUCIE COUNTY, FL AND RE -RECORDED IN PB 1, PG 11, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FL; together with THAT PORTION OF THE 15.00-FT ALLEY LYING BETWEEN THE ABOVE - DESCRIBED PARCELS [per City Ordinance No. 550, adopted August 6, 1985]. SECTION 3: ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of property to be changed from CBD to CHV. the City be amended to reflect the subject SECTION 4: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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. This Ordinance shall become effective immediately after its adoption by the City. INTRODUCED for First Reading and set for Final Public Hearing on this 16th day of January 2024, Roll Call Vote: Yes No Abstained Absent Council Member Chandler: X Council Member/Vice Mayor Clark: X Council Member Jarriel: Council Member McAuley: Mayor Watford: Dowling . Watford Jr., Mayor ATTEST: w � Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 20th day of Februa 2024. Roll Call Vote: Yes No Abstained Absent Council Member Chandler: X Council Member/Vice Mayor Clark: X Council Member Jarriel: X Council Member McAuley: Mayor Watford: Dowling,R'Watford Jr:, Mayor ATTEST: Lane Gami 'tea, CMC, dity Clerk REVIE R LEGAL SUFFICIENOI(: 4---Joh, . umero, City Attorney Nason Yeager Gerson Harris & Fumero, P.A. • • Ordinance No.1283, Page 2 of 2