2008-03-20
CITY OF OKEECHOBEE - MARCH 20, 2008 -
PLANNING BOARD/BOARD OF ADJUSTMENTS AND APPEALS
HANDWRITTEN MINUTES
I. CALL TO ORDER. Chairperson:
March 20, 2008, Planninq Board/Board of Adiustment and Appeals Reqular Meetinq 6:00 p.m.
II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE. Secretary
Present
Absent
Chairperson Ledferd
Vice-Chairperson Hoover
Board Member Burroughs
Board Member Keller
Board Member Maxwell
Board Member McCoy
Board Member O'Connor
Vacant
Alternate Close
Senior Planner Brisson
X With Consent
Attorney Cook
Secretary Clement
III. MINUTES - Secretary
A. Motion to dispense with the reading and approve the Summary of Planning Board/Board of Adjustment and
Appeals Action for the February 21,2008, regular meeting.
MOTION:
Board Member
February 21, 2008 regul
moved to dispense with the reading and approve the Summary of Agency Action for the
eeting; seconded by Board Member ~ . (CARRIED -;rOO)
IV. AGENDA - Chairperson.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
V. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT &;: c() P.M.
Location
08-003-SSA
Recommend to City Council to change land use from Single
Family (SF) to Commercial (C)
Vacant property located on Northeast 12th Street, Block 15
Okeechobee
Muhammad Nooruddin on behalf of property owner(s) Muzaffar
Husain, Trustee
Senior Planning Consultant
Approval
1. Application No.
Request
Applicant
Staff Representation
LaRue Staff Recommendation
DISCUSSION:
Motion:
Board Member ~~ moved to approve/deny recommendation to City Council to amend
the Future Land Use Map Applica No. 08-003-SSA from Single Family to Commercial f r Vac~t property
located on Northeast 12th Street, Block 15, Okeechobee; seconded by Board Member/'Vl I · R -..... .
( J
VOTE YEA NAY ABSTAIN ABSENT Non Voting Mbr
LEDFERD 'f
HOOVER X'
BURROUGHS Y
KELLER X
MAXWELL ':{
MCCOY \(
O'CONNOR ~
VAC-ANT
CLOSE /?~ -" "/ \f'J /co n S C l'\--1-
RESULTS ~ tARRIED ) I DENIED I
~ - /
?os+ poned
Staff Representation
LaRue Staff Recommendation
08-002-R
Recommend to City Council to consider a change in zoning from
Central Business District (CBO) to Industrial (INO)
701 Southwest Park Street
Steven Ramunni, Esquire, on behalf of property owner(s) Mary Ann
Newcomer
Senior Planning Consultant
Denial
2. Petition No.
Request
Location
Applicant
DISCUSSION
MOTION:
Board Member moved to approve/deny and recommend City Council to change
the zoning from Central Business District (CBD) to Industrial (IND), Petition No. 08-002-R, for property located at
701 Southwest Park Street; seconded by Board Member
VOTE YEA NAY ABSTAIN ABSENT NOT SERVING
AS VOTING MBR
LEDFERD
HOOVER
BURROUGHS
KELLER
MAXWELL
MCCOY
O'CONNOR
VA CANT-
CLOSE j-- W I CuNstAT
RESULTS CARRIED I DENIED I
3. Application No.
Request
Location
08-003-R
Recommend to City Council to consider a change in zoning from
Holding (H) to Heavy Commercial (CHV)
Vacant property located on Northeast 12th Street, Block 15
Okeechobee
Muhammad Nooruddin on behalf of property owner(s) Muzaffar
Husain, Trustee
Senior Planning Consultant
Approval
Applicant
Staff Representation
LaRue Staff Recommendation
DISCUSSION
~':~1t- CLT-~~~-
1 ~- ------2- uJ- 71.A~
Jt; C-iJV - oyu""'" --fr., /JU?f- .l--.(.. fi -< - ~.! ~.
~
-
MOTION:
Al e ~
Board Member IV\ moved to approve/deny recommendation to City Council the zoning
from Holding (H) to Heavy mmercial (CHV), Petition No, 08-~03-R for Vacant property located on Northeast 12th
Street, Block 15, Okeecho e; seconded by Board Member Q..u.,~~
VOTE YEA NAY ABSTAIN ABSENT NOT SERVING
AS VOTING MBR
LEDFERD 1
HOOVER "'-. ~
BURROUGHS '{
KELLER ~
MAXWELL X
MCCOY X
O'CONNOR V
'\
VA cAN',
CLOSE I- d """'\ 1- \)J ( C-CNSC~T
"
RESULTS ( CARRIED ~ DENIED I
"'- ~
CLOSE PUBLIC HEA'RING . Chair erson.
p
VI. New Business
A. Consider and discuss requests for amendments to the City's Land Development
Regulations - Chairperson. f
b~- ~ ~<~ (2,ewn. r~~~ ~jJ
f3u-z;(\7w~- ~~v , ~
y;'Jh ([ ~ 'Y tJ<;f ~~ . ~. 6}U~O
s-/?tr~J~<?j -~6 a - ~ - (J1uv -
VII. CHAIRPERSON LEDFERD ADJOURNED THE MEETING AT h.' L./O P.M.
- <
~ '?cJJiP -"~~ ~ )-w~. E /II'- '. I 9'
'-jG<<VJ 4 ~ ~ Jl tynw 2/5 - , !j~/r1 r'
~~J lir ~'-'-.. foIo - R~~ ~ryJ\)~ .
~1ftr-V~ch .
pl1aJt u.\( p-~cJ~~/ .
!I3r/l/J ()Jj)IJJ~L~~) I
p{JoIcI- M {)d~~ .
t20~~fUfJ
biJ - Wo ,hi" · '
b~~tc ~ Jj;,p ~ i~ ~,~H Mr -
1J/ft- ~ ~/1 id ~L~,;tA-" f4jjPL
~l~d ~~ fr1f,,_{p.Lft~~~~fo;
~ JJfr-i ., PDT
[., "'7 /'>'1 rnrJ~.-/ 'i- C.1/ # ~ -
~~_ ~ 3~- f~' p',
D,p,,('~" O-.P il~ ),~. M- ~J ~ ~
'\
() _-{ [I f2- iN _ Q C!_/!.-~
IOY/ Ir.
-
;
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
2nd Hearing:
'Date:
Fee Paid:
Jurisdiction:
Publication Dates:
Notices Mailed:
Comprehensive Plan Map Amendment Application
/' Please Check One:
~Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres)
V Name of property owner(s): Ifu. ~ IrIN /J1 (11 <1
'k Owner mailing address: / '1 I ? 8 }) i ed f 4
p " ;/
P
L
J
C
A
N
T
~ru. ,feR-
ItlAdo ,. L- y. 8~r- .
fY} [1/f1t/l'lm 1M If} Of) ~);N
v/L.ee W&I!.f!. /'C.qlf7(;?
fPtJ ta()l>;AJ
Fax: ~t 5 -7(.5 ,-Wl
Name of applicant( s) if other than owner (state relationship):
Applicant mailing address: tiP ~ AI. fllftlliJ t{ /hie-
Name of contact person (state relationship): rr7f1174YYlrr747
Contact erson daytime phone(s): It ~ - 76, - 1773.
V Property addres~ / directions to property:
5 ~ {q/F {gf t5YJ IV. E: I;}. sf
~3- IJO/O- PZ?/~{)---- 0/10-
,v~fl7 }f
P
R
o
P
E
R
T
Y
Parcel Identification Number: 3/s.. S 7 -
Size of the Property (in acres): D::;;
C/J
Current Zoning Designation:
Current Future Land Use Designation:
uv
7'( '1 '
Existing Use of the Property: 5}
Proposed Future Land Use Designation:
f17 ~t~ ~ ~ *r~ ~
Proposed Use of the Property:
~Wbl)i /1;fJv/Nb#,
Description of Surrounding Properties: f\I- V ft c.jt?V' T { 5' :
f/V - rllt u ~T (/Iff. eft :
Legal Description of the Property (Lengthy Description May be Attached):
~. /1 ,:H;J /l(rn/L /~, Uhp- 1J rJ{{.4e uto~,
Unifonn Land Use Application (rev ];:/O})
Page I of 2
Survey of Property (11 II x 14",20" Scale)
Letter Outlining Request
Notarized Letter of Owner's Authorization
Application Fee (non-refundable)
City Location Map
v
I hereby certifY that the information in this application is correct. The information included in
this application is for use by the City of Okeechobee in processing my request. False or
misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to
30 days and may result in the summary denial of this application.
~~/ MU/llfmmffJ II/tJill<<bl>/1V'
Signa e Printed Name
1/1/7/Jr- .
Date (
Unifonn Land lhe Application Irev 12/03)
Page ) ot ?
10/25/2007
To
City of Okeechobee
Okeechobee , FI
To Whom it may concern:
We Allow Ml}h::mimad Nooruddin to act on our behalf to change the LAND USE
CHANGE FROM HOLDING TO CHV AND FUTURE LAND FROM SINGLE .
FAMILY TO CHV on lot 19, Block 15 ill city ofOkeechobee. Parcel ID 3-15-37-~5-
0010-00150-0190. f~, .
If any question, please call us at 863-447-0108.
Thank you.
~~
I {;J '-;,v ~~ r
"
j GC"uL<--l,J (t-.. {f-v,.., c.Lvv,
SURAIY A HUSAIN M.D
i 0 -:;..~- '-
MUZAFFAR HUSAIN M.D
1213 8 Diedra Ct. Orlando,
Fl- 32825
~~t~
NOTARY PUBUC-ST,~{'T OF fLORlDA f Of03{} ~ 1
~Shahnaz Akhtar Khan
Commission # DDS3SSS9
Expires: APR. 02, 2010
Bonded Thru ,\Jantie Bonding Co., Ine.
;>4-
i \\;)'
'\):; p'
~
R~O h 92 \ll1UfOOOl
ThIs I_nt Pftpared By
AAd Retllrn Ill:
TOM W. CONELY, III
Post 0Ir1a: Drawer 1367
O'=<hobcc, Aorida 34973
Property Appraiscr's Pan:cl1D#:
3-15-37-3S-OD10-lllllI2II-00 1 0
3-15-37-3S-OD1D-OO1So.GlSO
3-15-37-35-001D-OOI50-0I90
DocumenllllY stamps paid in the amount <*
$ -t>'-
Class C Inlanllible Tax paid in the amount
of$ -0-
Sharon Robertson, Clerk 01 ClJcuit Court
Okeechobee n. FIaidI
By: ..&b r ~4.tk..,~.?k
P.aIe: /L-9/-.:2002.
T1d1 IIlslnllllOlltll prepared Ibmlnfonaallon pmwlded.b)' Ihe parties. MukelabUl1)' or 'J1tJe II not ......1IIeed .... 1muK)' or doe
_~Ioa, .. thle... IIOl aamIned .
TWSW
hereinafter called the
Revocable Trust dated
Florida, hereinafter call
WARRANTY DEED
D made the ~ay of December, 2002, by AU ADID HUSAIN,
o MUZAFFAR HUSAIN, as Trustee of the Muzall'ar Husain
6. whose postoffice address is ISO N.E. 13th Street. Okeechobee,
e:
, ud ~t.... ah&ll IDdud. .ll pIIrtJe. to eJt1. u.tnlteDt: aDd the
. JDd1v'!du,hI, ... tbe .uCC'C..or. ... ...J..- of c:oqtC>Z'_tJeug.J
for and in consideration of LOVE AND AFFEcrION,
hereby grants. bargains, e rem , releases, conveys and confirms unto the grantee all that
certain land situate in Okee ~orida. viz:
Lots 1 to 5, inclusive. B k 2, ts 5. 6, and 19 to 22, inclusive, Block 15
OKEECHOBEE, accord t hereof recorded in Plat Book 5, page 5.
public records of Okeechobee County, Florida.
The real property conveyed hereby is not the residence or homestead of Grantor and is not adjacent
or contiguous to the residence or homestead of Grantor.
TOGEllIER with all the tenements, hereditaments and appurtenances thereto belonging or
in anywise appertaining.
TO HAVE AND TO HOLD the said property in fee simple upon the trusts and for the uses
and purposes herein and in said trust agreement set forth.
The Trustee shall have, without court order or approval, the power and discretion to do all
such acts, undertake all such proceedings and exercise all such rights and privileges in the
management oBhe trust estate as if the sole owner thereof. including. without limiting the generality
of the terms hereof, aD duties, powers and responsibilities granted to Trustees under Chapters 737
and 738. Florida Statutes, as presently constituted and as they may be amended from time to time.
Any contract, obligation or indebtedness incurred or entered into by the Trustee in
connection with said property shall be as Trustee of an express trust and not individually and the
Trustee shall have no obligation whatsoever with respect to any contract, obligation or indebtedness
except only so far as the trust property in the actual possession of the Trustee shall be applicable for
the payment and discharge thereof; and it shall be expressly understood that any representations,
warranties, covenants, undertakings and agreements hereinafter made on part of the Trustee. wholly
in fonn purporting to the representations, warranties, covemmts, undertakings and agreements of
said Trustee, are nevertheless made and intended not as personal representations, warranties.
covenants, undertakings and agreements by the Trustee or for the purpose or with the intention of
binding said Trustee personally, but are made and intended for the purpose oC binding only the trust
properly specifically described herein; and that no personal liability or personal responsibility is
assumed by nor shall at any time be asserted or enCorceable against the Trustee individually on
account of any instrument executed by or on account of any representation, warranty, covenant.
undertaking or agreement of the said Trustee, either expressly or implied, all such personal liability,
if any. being expressly waived and released and all persons and corporations whomsoever and
whatsoever shall be waived and released and all persons and corporations whomsoever and
whatsoever shall be charged with notice of this condition from the date of the filing of record of this
Deed.
g~o It 9 2 f'AIifO 0 0 8
In no case shaD any party dealing with said Trustee in relation to said property, or to whom
said property or any part thereof shall be conVeyed, contra<:ted to be sold, leased or mortgaged by
said Trustee, be obligated to see to the application of any purchase money, rent, or money borrowed
or advanced on said property, or be obligated to see that the tenns of this trust have been complied
with, or be obligated to inquire into the necessity or expediency of any act of said Trustee, or be
obligated or privileged to inquire into any of the terms of said trust agreement; and every deed, trust
deed, mortgage, lease or other instrument executed by said Trustee in relation to said property shall
be conclusive evidence in favor of every person relying upon or claiming under any such conveyance.
lease or other instrument, (a) that at the time of dcliVCl)'thereof the trust created by tbis Indenture
and by said trust agreemcnt was in full force and effect, (b)tbat such conveyance or other iDstrwnent
was executed in accordance with the trusts, conditions and llinitations contained in this Indenture
and in aid of the trust agreemcnt or in some amendment thereof; and binding upon aU beneficiaries
thereunder, (c) that the Trustec was duly autborized and empowered to execute and deliver every
such deed, trust deed, lease, mortgage'or other i.nstrument, and (d) if the conveyance is made by a
successor or SUIlCCSSOrs in trust, that such successor or suecessors in trust have been properly
,appointed and are fully vested with all the tit1~ estate, rights, powers, authorities, duties and
obligations of its, hiS~ oece5S0r in trust.
The interest 0 ch eficiary uIider the trust agreement hereunder and of aD. persons
claiming under them or shaD be only in the possessiO}\ earnings, avails and proceeds
arising from the sale or ot e' .tion of said property, and such interest is hereby dtclared to
be personal property, and n hereund,er shall have any title or interest, legal or equitable
in or to said real estate as su interest in the possession, earnings, avails and proceeds
thereof as aforesaid.
AND the grantor he
land in fee simple; that the grantor has
that the grantor hereby fully nts
lawful claims of all persons who ,
accroing subsequent to December 31,2001.
said grantee that the grantor is lawfully seized of said
gilt and lawful authority to sell and convey said land;
o said land and will defend the same against the
said land is free of all encumbrances, except taxes
IN WITNESS WHEREOF, the said grantor has signed and se ed tbese presents the day and
year first above written.
(SEAL)
Signed, sealed and delivered
in our presence.:
Ali A usain
12556 West Pasadena Avenue
Litchfield Park, AZ 85340
FilED FOR RECORD
OKEECJ.!oefE COUNTY. HI.
....&;F r.
Witness's name typed or printed
382894
02 DEe 31 PH It: 00
SIiAROU ftOBERTSOH
CLERK O'f CIRCUIT COUIlT
STATE OF ARIZONA
COUNTY OF ,vtQ f /(I{J Oa.. J
,
The foregoing instrument was aclmowJedged before me thid~ay of December, 2llO2, by
~ ~ HUSAIN who ( ) is personally known t me p() p ced Driver's License as
~~~. .
Notary's Printed Name
My Commission Expires: Amugf S1"',24:).f"
(NOTARY SEAL) '-.:J
CI~CHES
~.ArIZOna
AOOUST :.=-
Okeechobee County Property Appraiser - Map Printed on 10/25/20078:22:12 AM
Page 1 of 1
Okeechobee County Property Appraiser
w.c. "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422
PARCEL: 3-15-37-35-0010-00150-0190 - VACANT (000000)
CITY OF OKEECHOBEE lOTS 19 - 22 BLOCK 15
Name: HUSAIN MUZAFFAR TRUSTEE landVal
Site: 0, Okeechobee BldgVal
. 150 NE 13TH STREET ApprVal
Mall: OKEECHOBEE, FL 349721940 JustVal
Sales 12/30/2002 $0.00 V / U Assd
Info Exmpt
Taxable
$7.915.00
$0.00
$7,915.00
$7,915.00
$7.915.00
$0.00
$7,915.00
This information, last Updated: 10/22/2007, 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.com/G I S/Print_ Map.asp ?pjboiibchh j bnligcafccj fhojiaehdornW... 10/25/2007
1375 Jackson Street, Suite 206
Fort Myers, Florida 33901-2845
Phone: 239-334-3366 Fax: 239-334-6384
LaRue Planning &
Management Services, Inc.
Staff Report - Small Scale
Comprehensive Plan
Amendment
Prepared for:
Applicant:
The City of Okeechobee
Muhammad Nooruddin fOr
Husain Muzajft;tr, Trustee
Petition No.
08-003-SSA
Staff Report
Small-Scale Comprehensive Plan Amendment
Applicant: Muhammad Nooruddin
Petition No.: 08-003-SSA
General Information:
Applicant Address:
1103 North Parrott Avenue
Okeechobee, FL 34972
Applicant Fax Number:
863-763-6619
Muhammad Nooruddin
Contact Person:
Existing
Zoning District
Holding
Acreage
Location: NE 12th Street
0.405
Proposed
CHV
0.405
Legal Description: Lots 19 and 20, Block 15 OKEECHOBEE, according to the plat thereof
recorded in Plat Book 5, page 5, public records of Okeechobee County, Florida.
Description of the Request:
The matter for consideration is an application for a Future Land Use Map Amendment from
Single Family to Commercial. Based on the size of the property, (0.405 acres), this application
qualifies under Chapter 163, F.S. as a Small Scale Amendment (SSA) to the Comprehensive
Plan.
Adjacent Future land Use Map Classifications and Zoning Districts:
North:
Lanq~~~ 'Map Cla;$~~w.~ation:
Zoning District:
Existing L~d Use:
Future Land Use Map Classification:
Zoning~~$trict:
Existing Land Use:
Land US~'Ma;p Classific.a;tiQn:
Zoning District:
ExistingLartd Use:
Future Land Use Map Classification:
Zoning pistrict:
Existing Land Use:
East:
South:
West:
Single-family
Holding
Single- family
$lolding
Vacant
Multi~.fa.J11Uy
RMF
'M'tI!lti~family and Va.cant
Commercial
CHV
Vacant
Staff Report
Small-Scale Comprehensive Plan Amendment
Applicant: Muhammad Nooruddin
Petition No.: 08-003-SSA
General Comments:
The property is vacant. The owner of the property also owns lots 17 & 18 (0.327 acres zoned
CHV) immediately to the west and lots 21 & 22 (0.346 acres zoned Holding) immediately to the
east. It appears the Applicant will be using lots 17 through 20 for the construction of a
professional office building.
Comprehensive Plan Analysis:
A. Consistency with the Land Use Categories and Plan Policies.
The proposed professional office use for the property is consistent with the Commercial
Future Land Use Category and the policies that govern this category. The proposed use,
Commercial land use designation, and proposed CHV zoning appear to be consistent with the
general pattern and the limits of commercial expansion evident in the area east of US 441
northward from NE 9th Street. As such, Staff believes the requested amendment is consistent
with the Comprehensive Plan, particularly the Goal set forth on page 1 of the Future Land
Use Element, and which reads as follows:
"Through a well-planned mix of compatible land uses, the City of Okeechobee
shall continue to maintain a high quality living environment, preserve its
distincti ve natural and historic resources, and provide public services to its
residents at a minimum cost."
B. Adequacy of Public Facilities
The subject property is currently vacant. Development and subsequent occupation of the site
will impact the City's ability to provide public facilities (i.e., roads, water, and sewer). The
applicant has not submitted information regarding the projected demand on City water and
sewer facilities nor an estimate of traffic generation. However, the adjoining property to the
west has received site plan approval at which time we believe the availability and adequacy
of water and sewer facilities was confirmed. While the Applicant is proposing a professional
office use for the property, Staff has prepared a rough analysis of the likely traffic generation
for the most intense use likely allowable under a commercial land use designation and CHV
zoning. This would be a three-story, 12,500 square foot commercial building, with retail on
the ground floor and offices above. By contrast, under the current Single-Family land use
designation, the maximum development would be two single-family units. Following is a
brief comparison of the projected demands upon public facilities under the current and
requested Future Land Use designations.
2
Staff Report
Small-Scale Comprehensive Plan Amendment
Applicant: Muhammad Nooruddin
Petition No.: 08-003-SSA
Potable Water:
LOS - 114 gallons per person per day
Projected demand: 2 Single-family units= 5.4 persons @ 114 gpd = 570 gpd
Projected demand retail/office use: OUA uses a standard of 250 gallons per day per unit.
In this case, each unit would be each store or office. Unfortunately, it is impossible at
this stage to estimate the number of units, but the prior site plan approval identified the
availability of water service to the site.
Sewer:
LOS - 130 gallons per person per day
Projected demand: 2 Single-family units= 5.4 persons @ 130 gpd = 702 gpd
Projected demand retail/office use: OUA uses a standard of250 gallons per day per
unit. In this case, each store or office would be considered a unit. Unfortunately, it is
impossible at this stage to estimate the number of units, but the prior site plan approval
identified the availability of sanitary service to the site.
Solid Waste:
The County has recently confirmed a considerable level of excess capacity available to serve
the solid waste disposal needs of other major developments in the City. It appears reasonable
that the volume of solid waste associated with a development of this size can also be
accommodated within the capacity of the County's Solid Waste Facility.
Traffic:
While the Applicant has indicated that he will be developing a single-story professional
office building, upon approval of the Small Scale Amendment and subsequent rezoning, the
Applicant will have the right to develop any use that is permitted within the CHV zoning
district. Consequently, Staff has assumed significantly more intensive use of the property in
its estimate of traffic generation than specifically proposed by the Applicant. Specifically
traffic generation has been estimated based on a 5,000 square foot, high-turnover sit down
restaurant and 7,500 square feet of medical/dental office space on the 2nd and 3rd floors.
Based on the Seventh Edition ITE Trip Generation Manual, the weekday PM peak hour trip
generation associated with the project could potentially approximate the following:
5,000 sf high-turnover sit down restaurant (ITE code 932)
@ 10.92 trips per 1,000 sf = 55 trips
7,500 sf of medical/dental office space (ITE code720) @ 3.72 trips! I ,000 sf = 28 trips
Total Trips = 93 trips
..
.)
Staff Report
Small-Scale Comprehensive Plan Amendment
Applicant: Muhammad Nooruddin
Petition No.: 08-003-SSA
The number of trips likely to be generated under the above assumptions is less than 100 peak
hour trips and therefore no traffic impact statement is necessary and the use change is not
likely to be considered to have a significant traffic impact.
C. Compatibility with Adjacent and Nearby Land Uses
There appears to be an increasing interest in medical/health care-related uses and other
professional offices in the northern part of the City due, at least partially to the hospital just
north of the city limits. The requested land use change is consistent with this trend and the
pattern ofland uses in the general vicinity. Such uses are compatible with the multi-family
uses scattered in this vicinity as well as the vacant lands now designated for multi-family use
on the Future Land Use Map.
Recommendation:
Based on the foregoing analysis, Staff recommends approval of the applicant's request to amend
the Future Land Use Map from Single-Family to Commercial.
Submitted by:
James G. LaRue, AICP
March 12, 2008
Future Land Use Map (FLUM)
Property Appraiser's Aerial Photograph
Zoning Map
15t Public Hearing, Planning Board, March 20, 2008
4
I .
Staff Report
Small-Scale Comprehensive Plan Amendment
Applicant: Muhammad Nooruddin
Petition No.: 08-003-SSA
Okeechobee FLUM - Subject Property
4 3 :2
o 4 ,;
13713543
9 10 11 12 13 14 15 15 17 18
..
3 +-2 .~. 10 9 8
5 15 4
I
COMPREHENSIVE PLAN
lAND use
SINGLE - FAMILY
MULTI - fAMILY
. COMMERCIAL
. IMDUSTRIAL
PUBLIC F.ACIUTIES
RESIDENTiAL M!XED USE
5
Staff Report
Small~Scale Compr,ehensive Plan Amendment
Applicant: Muhammad Nooruddin
Petition No.: 08-003-SSA
Okeechobee Property Appraiser's Aerial - Subject Property
6
. .
Staff Report
Small-Scale Comprehensive Plan Amendment
Applicant: Muhammad Nooruddin
Petition No.: 08-003-SSA
Okeechobee Zoning Map - Subject Property
:a~ ctner \falues:>
C8D. CO~1\4 E:US1NESS DiSTRICT
CH\:'. HE-.e.\'Y COMME.~CIAL
CLT .H3HT (oJMMERClAL
cr:'O. COMtA PROFESSION/-l OF,=;CE
H - H\..'LDING
t~,jD - =NDUSTRIAl
PUB - PUBUC FACILITIES
F'UD-MIXEC'
PUD-R
RMf' - R:ESIDENTIAL MULT, f:.AM1;.. '"
R~,~. RESIDENTIAL MOBU.l-\CIf.,lE
RSFl - RESIC>i:NTlAl SINGLE F..:l..M!l"r'
RSFi - RESI~NnAl SINGLE FAr-.RY (~1
7 6 5 -4 3 2
(1 E
1G 11 12 t3 14 15 16 17 18 ~,.
\
7
~
l__ _ _ _ _ _ __ - -
ifCs 1lII ~1W ~5:l$1DI' ~~
L----~----~-----~
Wf'- ./" Ci6~-- fli3--
~~ f~~L~_~, I
______-1 ~ I
.Ui' . Ill" I ;::. '~I
12 ,:alO I
.__ ll.
-------1 ~ I
I
~w. f..n ~ 2llt. a22 - - - ~D
--T~----:~NOT (n~~EN)~N.-E~'-;~ TH- S~;;T --~
WI sa ~ /NIl: ~
........
.,..u_
TOPOGRAPHIC
SURVEY
BLOCK 1, 2, 15, & 16
PLAT OF OKEECHOBEE
PLAT BOOKS-PAGES
OKEECHOBEECOUNTY
FLORIDA
SET~".aC
=-
"""..--
5O.DD'
I I
a I I ,.,. "8
,..,
~ .~ \ d
I ~
3 ..
i41 I 2 1 ~
a .1 I a
.. '"'
I I
"UKY
a
.~ . ':if ~ .::.f'
4 3 2 1 ..
B
a ---
a Z
'"
~
0...
0
~
0
Z
'--"
J~7DlII
I
I
I
I
I
\
\
\
j,';
,..,
I
I
\
\
DESCRIPnDN:
(PROWlED BY QJfN1)
LDlS 1 TO -i- 1NC1LI~ IEl...OCk \; uns 510 IINQJJ$NE" IJ..OCX 1: LOTS 1 11) 5
IN~ 8LDCIC 2; LOlS I 10 10 ~ a.ooc 2; lO1S 15 .. 1l1,. BlOOC 2;
LOlS 17 IE 18. Bl..DOC 2. LOTS III ~ 20. 8lJ)[X 2. LDlS 21 &: 22. BLOQC 2. LDlS 23
m 21 lNCUJ~ IJ.JJCK 2; LOTS 1 10... IHCl.U5I\E. 8LJ)Q( ''0 LOTS 5 .. 5. BlOQ(
15;: LDlS 11 TO ,-4 INCI..USr\€. BLOCK 15;: lOlS 1St 10 22. BI.OQC 15; LOiS 1 10 5
lN~ BlOCX 15; LOTS 8 TO 11 INl:t.LlSI\€. BlOOC 18; ACCOROIIIG TO lHE PLAT
UiEREOf' RECOROEn II P\.AT BOa( 1, PNZ '0. ,It A.A.l BOar: 5., PAGE 5. OF l)E.
PUBUC REcoRDS OF OKEECHOSEE ~1Y. A.aDDA. .
(lfQlE= uns 1 1'0 ... JrK:WSnIE. EILOCX 1: LD1S 5 TO 8 IrfO..I.JSM. El..OCIC T: AND LDTS
1 TO .5 INa.uSJ\E,. Bl.DCX 18; LOTS & 10 11 INO..USI'lIE.. BlDCIC 16;. ARE AlSO
RECORDED AS -m\ot:RSlOE DRM: AND AOJ(D.I\I'G PRCPERlY lI6T rs TA.'il.QR CREEK"' IN
PLAT 8Q(I( 1. PAGE 22)
~
~
~
o
Z
. O.U.A.
\:::..~.--
::::::- -.
\
\
\
\
\
\
\
':Jf' I
'8 I
~ 5 6 7 I 8
,. I
B
a I
a :/ I
...
I
50.""
IY'f!f'
~
-
.,.....j
~
~
~
~
~
~ i:
lll'~
0
~
::r: 12.~ ~
~
"... "
"" ,.
~
~
"~~~LT
lUPSCM..e:llQ1-SOJn"T
PROJECT sPEClflC N01fS
I
I
8.,1" :
""'I
I I I
I__l_~
lJ u,..c.iSS :,,,0_ OTl-lE..R\IIISl. AU O,uENS<()NS ARE PlR f.>u.l(P) ()ii: C"-lcuu.rt!1(C}
I .2'
l~ ~ W '5.,j,
~
7 ~6 F 1 " ::::::J 5\ 4
. '7-57 :& 2 1
~ .~
8 ~aJ " Z
!l !l
g g ~ a ,..., \
,... "'"
" ,.., .. > ..
<C
0
0::
C")
~l
~I
~I
~I
I
~
'--
f~~-- u! I 1\
&1 &'~ I a "'" I I fJJ"
=-15""= ~I 17 I 18 ~ 19 I 20 I 21 I 22 ~ 23 I
:". /P' ~l I ~ I I I k 124
c: ga>, ~ - - - - ~l I ~ ~ I I l I
fnL :: 16'c.,'" "I .gg>\ "/ I' 1(0,7 l'~ I ".lJ:' I
~ - ~ I~ I I
Ji."1;,IP S 89'SS"2fr W 277.50' sa.ao. -L 50.00' 89"56"20 w unoo' 50.00'
~.... lI;1l" lloI' eo" N89S02tn:5,2.5D" .'Ji:.....""'" - - I :s \_ ~....
::....~:f.....:-;-::"" ..:_ ..;.:_.._ .~~.,_ T... N. E. 1: TH sTREET
~ ir e#' - - M ';;;;-'7.5d 1-'7.50' I --;;50-;- r -;;;'00-:- \-5/1;;;'- T -;;oa~ r ;;;.\ ~OO. ~oo-;- I 50.00' ~ ,.",r
; _ IlL' /Ji' 11 I I I I I I I I \ I .''''' I I
W"~ ". f~ I ,..,
.... _______ I I I I I I I I I I
L 12 I 110 I 9 I 8 I 7 I 6 I 5 I 4 I 3 I 2 I 1
I I I I I I I I I I I
--l I
i
lq :
~I
1) l}uS SUR\I(r tS NOl lNTENOEO 10 OfPlCl .JJRlSOtCnONAl AREAS OR OlH[R ARf..AS
OF lOCAL C()NCERN
9
J) DA"IE Of lASl FlElD 9J~ 06/30/06
4) lHlS tS NOT A 8QlRIDARY ~_ TI-IS IS A TCPOGRAPtIC SUR'JEY ONlY.
5} -n1E 9J~ DEP\ClED liERE. IS NOT COI.efD BY PROfESSIClW.. UA8lUTY
INSURANCE. ADDmONS OR De..E11ONS TO SlJRVEY MAPS eft REPmnS BY alliER "fi-IAN
"THE SIGNING PARTY OR PAR'DES lS PROilIlTED 'MlltOUT YfiCTTEM CfJrlSOlT CF UE
SIGNING PARTY (It PARTIES.
a Z
~ 13 ~
Iu ~~~'8FfET I'l
(NGlKJ)"29
------
~
a
.
!
I
ifl
.
::J
8) aEVAlIONS SHOWN HEREOt ARE BASED tN 1HE NAlKJtU,L GEOOO\C. 101\CAl..
DAl\n.l. 1929 AO.lJS1\IENT (NGW) '29-
REfERDrICE BENCH MARk usm: CEPNmIENT CE TRANSPORTATION STANDARD 4.-. ",,-
CONCftE1t BENot YARK 1IIl\i BRASS (JSX STAWPED '"8'1.113"' DAlEn 04-12-1915
ElEVAlION 25.118 F!:ET (NGW) '29
1) F\.OOD 20NE NOT DE1ERYINED: PARCElS uE WllJ-IIN 1HE C1Y LNlS rF
0kEEC>i0BEE.
14,
fJ;l"
I
I
I
9 110
I
I
I
"...
,..,
If:l'
~
,
~ I
~25126:-
a I ~
g a
=t;.=- I \1).~
I
&
~
&
"
~
&
N 89"S6'2fr E 14250'
g
z
PROJECT SPEORC LEGEND:
:-6
.%
!l
~ ::t:'
"> "
7
8
11
E/C - EDGE rI CONCRElE
BIC ., BI.JJLl)JNG CORNER
80C - BACK ~ OJRB
8O\f ... 8ACX Of WAl.J{
C(JtIc.-~
CONST - CCWSlRU~
OM' - CClRR\JGAlED '-lETM... PWE
E/C -EDGE rI CONCRElE
FCC ::0: fNX. r:I OJRS
GNO - GRWND
HO /1M- ... 1€AOWAll.
HYD - fIRE H"I'ORANT
... - JOVERT
osw - OlHER SURfACE WA1[R
PP - Pov.ER Pa..E
PWT - PA\'BIEHT
StiW ., SEASONAL "'GH WA1(R
S!W - CONCRETE 90EWAlK
108 _ TtP CF 8ANIC
uts ... 1B.EPHCNE RISER
w/y - \NAlER VAl~
Wj'U .= WAlER UElER
.~,
/
,...,
""
50.00'
5a.00' 50.00"
N 89"56"20- E J6a 7T
g:-
I.~
::e
\
8
7
5 4
3
2
1
DCSCI1IPT/ON BATT FB/PC gy CK
TOPOGRAPHIC SURVEy 07- 2<-06 \M/H-57 RLC KAB
ADD WEll.AND [lEVA nONS 08- 25- 06 193/17-19 RLC KA8
ADO I'.f:1tANO AREA CAlCUlA nONS 08- 29- 06 N/A RLC KA8
---- -
SCALF ,. = 50' DliAIttNC NUu8lR~
- 20269- TOPO
5HCET 1 or I
TOPOGRAPHIC SURVEY
BLOCK 1,2,15, & 16
PLAT OF OKEECHOBEE
PLAT BOOK 5 PAGE 5
OKEECHOBEE COUNTY
FLORIDA
STANDARD M01B;.
,. No uort:h at th~ public. record", fo< ddenninotion ot o-'Ief"$hlp 1;1I rtstnction. oIfa::ting the IQI"Ids
~ .0$ performtd by 'he ...noqor.
1.. The. ....Ne)' dtpide.d h",., Q. pr~Gred ~sn..iI)' tor tto05.- portio::s. l'OI.,.,j
3. No responsib1it:r Of liob~ty I$. nsSlIm~ b:r th. ~ for liS. by oth~ nOI speciticaUy nomed.
.. Not wdid without tfI.e signotur ~ O'Id emt>OSSed seal 01 FlOI"ldo IicaIse4 ~ QOd mopp... '~2~
S- TI<.en. _ no ...sihI.. ~ ground. ~K>\s ClOCepl os shOWl'l
6. Nao attempl was mode lao locate u<'l~Q'"tlUnd Impl'"OVefftents anojor e-ocroochfnefl~ (It any) IR port of
tfli.s~
7_ Th.. ~ 'ooO(U; \>,"'PQ{ed .... <>~a.-dcl'I<:e .,.;ts'\ ......'.mum 'echr>;~ .1""C....da ..",tot>li:ohe.d by Ule norido
Bootd or 5,ur..e~ ona "llpp~ (LhQpter &11;17-6. LAC.) purs..oont ro Sec:-tlon .72.027. norido
Stature$.-
LECOlO
o--~ Iron Rod and Cop TW'S 671S. G-Fovnd CW
.-Founo lron Rod: (and top) e -Found PIpe (and Cop)
AB8REVI-' nONS
It---- ~ ~--=.o-~ C\~f\t C>>-
c-.ma-_t~{Q.~ooIWI.,~~""",l....u.t.
[JP-&19. ofP--o; [SoIToof_t.. ,.tlllol.~~c. l_loI.cto:
F/rIlO""-...-. ""-- ~ 1l't.l(q..... ... (_ 10 c..); l-(""'--") ~o.:
(wl-_..e:. ....-............; N_.......-ut; (NC\IO>-__.. G.aolIetlc;
.....-~..l'nJ.~O--______~
uo..(J?-t~_loI'~~_el~c..r-....e:pep...
'--QIelrw~~I"tlootc:~..~~..~
~"- of ---.. ~ ~-...- _t:."'_
~~~=:-*~d~;
TRADEWINDS PROFESSIONAL SERVICES, INC.
SURVEYORS AND ltAPPERS ~
Ok~~h~~e~~drtve;:;'2 h.
Tel (863) 763-2887 _ C
Kenneth A Breaux. Jr_ (PSU 4-820) C&rt1.I\co.le" "",-......11oo. ... tJi I'?ll
PREPARED fOR THE EXCLUSIVE USE OF.
AKBAR HUSAIN
_ J
-
1st Hearing:
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
Fee Paid:
Date:
2nd Hearing:
....... . Name of property owner(s): fer:
A Owner mailing address~.
:P
p. Name ofapplicant(s)if other-than owner (state relationsbip):
L r
I Applicant mailing address::t=bs t. Oifi CL l)o Xl' 18
c
A Name of contact person (state relationship): r
N
T Contact person daytime phone(s): 5<03- lo 15 -
Notices Mailed:
v . Property address.! directions to property: 'I D) S LV -Par- K Sfr-e.eJ Okee..cJt)~e FL
Indicate current use of property: ComfY) Vi
Descnbe improvements on property, including number/type of dwellings and whether occupied (if none, so state):
Ccnve.nienLe....5tD-re..- - Dr-i v'e- ihll..c
Approximate number of acres: L} &;; ;2 Is property in a planed subdivision? e.s
Is \ here a current OJ recefll use- of the- propen: lhal is/was a violation of coun\)' ordinance? I f so, describe:
.yo
p
R
o
P
E
R
T
Y
Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses:
Describe adjoining land uses / improvements to the North:
C13D ~: TNt)
South: CBD ~ rtJf)
Existing zoning: C13D
East:
-PUJ3
West:
CJ-!V
Comrne..rc. i Cl...
Future Land Use classification:
Actions Requested:
( v) Rezone
L-J Special Exception
L-.J Variance
Parcel Identification Number: d.-
; - 73000
v'
Confirmation of Information Accuracy
at the information in this application is correct. The information included in this application is for use by
chobee in processing my request- False or misleading information may be punishable by a fine Ofllp to
nwrunent ofnp to 30 d,y, 'nd may ",wit ie the 'lfm, denial Oft:i, aPrlic"ion. ) vir
/1- }11iVUU; /J/~ en
Printed - Date I
~
Unifonn Land Use Application (reV 1103)
Page ] of 2
Current zoning classification: C5D Requested zoning classification: IND
R 'What is your: desired permitted use under the proposed classification: Co nvenien&, 3+ore- - DYlve....-
E Ih({_~ - 13i IIbca.rc/ . .'
Z
0 Yes
N If granted, will the new zone be contiguous with a like zone?
E
Is a Special Exception necessary for your intended use? No Variance? No
Describe the Special Exception sought:
'--
S
P
E
C Provide specific LDR ordinance citation:
I
A
L
Are there other similar uses in the area? If'so, describe:
E
X
C
E Why would granting your request be in the best interest of the area and residents?
p
T
J
0 If business. brieny describe nalme including number of employees. hours. noise- generation and activities to be I
I N I conduCled outSide of ~i bu I illJ rig
Describe Variance sought:
'--
V
A
R Describe physical characteristic of property that makes variance necessary:
I
A
N I
C Did you cause or contribute to the characteristic? Is so, describe:
E
What is the minimum variance necessary?
Unifonn Land Use Applicarion [rC\ JiO-i)
Page 2 of :7
;~~<, </:<~:j
.::',.V,::.". ~...J
.:y.:....:. "'1
: '.' '-
.' :':" ","',~ .
<< .::.~:..j
;;f.:,,::{::"71
:. .,:j,.: "'I
. .'~:-:: .
:.;.~:.:A}/:'..~ .
; .' ,",'J
. _. '~J o' lhe' Coun!)' o, Okeechobee , Slole o' Florida
{ .
~ . UlUJlBrt~, Tho. sold grantor, for Dnd,ln'conslderarlon 01 the .um o. Ten and DO/lOa ($10.00).,--------..
j ------------~~--------~------------------------------------~-----------~------~Dolfon,
. J and other good ond vo!vable 'condderatlans '0 sold grontor in hand pold by said grant.., II,. receip' whentllf b hereby
jl adonowledged, has gran",d, bargoined and sold 10 the sold gran'.... and gronl.e's heirs and auigns 'orever, rhe 'ollowl"IJ
. ,- _ _ .*'If,,,nbed land, lltuate. fy;ng and bel"IJ in Okeechobee Caunl)', Florida, .to-wil, .
. q:~"~ 'I Beginning at the SE Cornel' of Block 161, TOlIN OF OKEECHOBEE. according to. plat .
. Q:; Q thereof recorded 1n Plat Book 2, Page 17, Public Records of St. .Lucie County.
. ., ~~I ~ Florida. and rim thence South 70 fee. t to South line of North Park Street for the
.O~i to.> point of beginning; run thence South 150' to interaection with North line of
'_.;~\~:.r:-':',I South Park Street; run: thence West along said NClrth line 20(j feet to .intersection
.ILL :> :"jfJ.\', with East line of former but now abandoned FEC RR; run thence North along said.
, \. .,t,~~<j: right of way. 150 feet to intersection with South line of North. Park Street.
! t~i~~:' aforesaid; run thence East along aaid South line 200 feet to Point of Beginning;
! ,<:';::''; said land lying in and comprising part of E 1/2 of SW 1/4 of Section'lb, and
,: wgl~~. NE 1/4 of HE 1/4 of NIl 1/4 of Section 21, Township 37 South. Range. 35 Last.
I--:'.cl~ 0 I This is cOlJlllJercial property and is riot the Homestead property of any of the Grantors,
I (j~ C -:'
I :--;-:;:;;: '='f Subject to: .
It. j::l~ '" ' ,.1 1. Taxes for the year 1988 and subsequent years;
! 1 : L ( . ;~: ~;;~~~~~~:'z::~~;i~~~~~:~c:::e~;~~~~~~n;l~~a~~~:~ ::~t~~~~~~~~51~;O::~o~~;
! ,:,,?~,~ . governmental authorities.
.~\i'~~a .ald grantor does hereby fully worrall' ,h" 'illo 'a ,aid land, ond will delend ,h" same ago;n,t ,h. lawlul claim. 0/ 011
I penon, whomlOllYer.
I
i
I
I
'.". ..'-.,Z'
!,;l}{::\,
"..,..-.....!.:....:
;~i'~)~~::~,}
~~:\.;~.~;>.~~\
,..--.-.""......
r:::P
\sp,
\\
rr,,;....
. ....\
~ ... 051)9
hlvr./AG! 0
PrInted fw lawyen'. ntle Guaranty Furid, OdoncM, Rorfda
This InstMllent was p~"" by,
18arranty Bud
PAUL R. ST~ON, ESQ.
WElLlSCH AND METZG~R, P.A.
,., .u-Ia .An.... hOO-I
~ OAIUJ" ROlIJDA AIM
(STAJUJDI1' FDRM-SECTlON 61M2 F.S.)
(JfrU Jubmfurr.
January
19 88 , LlllJun
Made thil
4
~C>.
JQRN A. SiUTH. JOHN' R. BROOKS' and WILLIAM J. VACHON. As Tenants in COll1lDon
of ,he County!01 '
Okeec:hobee
, grontot". and.
. Stale o'
Florida
MARY ANN Nl'WCOM1':R
whow pos' office odd,.>> Is P. 0.. ~ox 1537. Okeechobee. FJ.
34973
. grantee.,
· t1GfonlorN and >>granfee.... are us.ed for singu!or Dr -plural, 0$ ~on.e:a:' req\tireL
In JUUlU1I8 Dlqrrrllf. .Granlor 1.0. herevnlo se. gronlor's,bal)~. ,.01 Ih.. day and .yeor lin'
Sipn d, IOQled and deliyered in our 'resente,
i~r:s JMl
GLORIA J. FORD ~_
.~ ERK OF CIRCUIT t,;Ol!;; k
(Seall
J. VACHON
1'951~7
(Seall
STATE OF FLORIDA
COUNTY OF OKEECElOS!!E
I HEREBY CEI!TlFY ,10",1 on ,hi. day bolor" me, on ollieer duly qualil,.d 10 loke atknawledgment.. pOl3Onolty appeared
JOHN A, SMITH, JOHN R. BROOKS and WILLIAM J, VACHON
'0 me known to be the penon 5 described in and who eIecutcd the foregoing amtrunUrht and Ockhow'~ed _ b.ttlorfl mo rhot
t II. y ex~u1ed Ihe som.. . " , . .
WITNESS my ho"d o~ of/idol seal in 110. County cnd Slato 101' all"esaid thi, " day 01 Jam,Wry \.' '';' '.
1988. ;;?P ~ 7(J;C;::;E: ,~ ~.
My tommln;on explr.." o;-! / : . Norll~ Rub!i,'
J,3/ r '-- ..J
;::-ri\T': . ,;;-':....ORID/\,I .
/:,>U,.-.IC'fi.',; : " ':-,:: !.'...J.I\X I
1,1 II" "J- 'U JI 11':" .' .J
~I. ~':~~:~:'1::::. U u. ( :~ }
"...~
."
...~I~
la')')
.h. .J
""--'-J.-~-----"'=--t.'~ __-... ~__-,.-.---::---:-..
~: :~'.~.. :;.~::~~}~;~~
.. ". ": '. :. ". : ~ ~.: :.,:
',{;::~.;~:~1~~
..::-; ":"'"
.,~. "L~" 'f
:.. ~~:.:: ...~_:::~::~
<: . ~: :.<~;~.~{}~
":. '-~.
. - ..
-,,;':<'-}:.\~:
. ...........: ...
.:.~~~-;" :~y.~t;~;~:.
:... ~'.;~..~;:;~~>~;~:.i
, ~~:'~:;.q1:~;
,:.,.:~}~j;.f:~
~:':' ~-;-?~~. ~:~;~:~
~_ ,. .1.":-". :, ..
. '---' -.
-... ~:
J, ,-
~
I
I
,.
!
!
AFFIDA VIT
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
I, Mary Ann Newcomer Tuten a/kJa Mary Ann Newcomer, Affiant state the
following: ..
1. That I am hereby the owner of the property locate.d at 701 SW Park Street,
Okeechobee, Florida, also particUlarly described as follows:
Beginning at the Southeast comer of Block 161, Town of Okeechobee
accordmg to plat thereof recorded in Plat Book 2, Page 17, Public Records
of St. Lucie County, Florida, and run thence South 70 feet to South line of
North Park Street for the Point of Beginning; run thence South 150 feet to
intersection with North line of South Park Street; run thence West along
said North line 200 feet to intersection with East line of former but now
abandoned FEe RR; run thence North along said right-of-way 150 feet to
intersection with South line of North Park Street aforesaid; run thence East
along said South line 20() feet to Point of Beginning; said land lying in and
compromising part of. East one-half of the Southwest one-quarter of
Section 16, and the Northeast one-quarter of the Northeast one-quarter of
the Northwest one-quarter of Section 21, Township 37 South, Range 35,
East.
Less and except: Additional D.G.T. Road right-of-way on S.R. 70.
2. That Steven A. Ramunni, Esq. is authorized to act on my behalf
concerning the rezoning application submitted contemporaneously with my affidavit and
he is further authorized to appear at all public hearings herein.
Under penalties of perjury, I declare that I have read the foregoing affidavit and
the facts stated in it are true.
:%~'%N~c:o:?t~{Di,'v'C,L~
AFFIANT
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Sworn to and subscribed before me this21.i.rtay of August, 2007. Mary Ann
Newcomer Tuten is personally known to me or has produced
as identification and ~id ~~ oath.
( / f ) .'
" J./ /
NOTARY PUBUc.srATE OF FLORIDA , --rW~
~ Usa Pace
Commission#DD549434 T~Y PUBLIC
//
My Comm. Expires: 12/20/2007
NOVEMBER 15. 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS - PAGE 2 OF 6
V. OPEN PUBLIC HEARING - Chairperson.
CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:00 P. M.
A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application
No. 07-013-SSA, submitted by Steven Ramunni on behalf of property owner Mary Ann
Newcomer-Tuten, The application is to change the Future Land Use designation from
Commercial (C) to Industrial (IND) for property located at 701 Southwest Park Street. Legal
description: Unplatted lands of the Town of Okeechobee, according to the plat thereof,
recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida, and is
approximately 0,642 acre(s) - Planning Consultant.
Bill Brisson, Senior Planner for LaRue Planning and Development reported the LaRue Planning Staff
recommendation of denial. This property is located between Southwest 7th and 8th Avenues on the south
side of State Road 70, This is at the western extremity of the City's Central Business District (CBD) and
essentially within a commercial area, Looking at the surrounding land uses and future land use designation,
the land to the north is zoned CBD, with Commercial Land Use designation, consisting of a restaurant, car
sales and vacant land, immediately to the east is the Park Avenue Greenbelt, to the south a large furniture
store, also zoned CBD with Commercial Land Use designation, There is a little confusion as to the actual
designation immediately to the west of the property, To the west there is the abandoned right of way, It
does not show up on the future land use map as having any land use category, nor does it show any
zoning category, Approximately 50 to 60 feet wide in width,
Board Member Burroughs inquired whether this strip of land was unincorporated? Mr. Brisson replied, "it is
within the City, but it is land that is not officially showing on the maps," Mr. Brisson stated LaRue Planning
does not believe that this land or for that matter a number of other lands that are presently shown as
Industrial, either on the zoning map or the future land use map, really are practical planning designations,
They are carry overs from the fact that this was railroad property and they are given a variety of different
land use designations, not all of which make a lot of sense, In light of the way much of these properties are
shown on the maps, one would have expected it could have been Industrial in designation, In conclusion,
LaRue Planning Staff does not believe the land use to be consistent in the application of the Industrial
designation along the railroad right of way, We believe it is a hold over from the previous use of the
land as railroad right of way and does not really reflect the most appropriate designation from a planning
prospective, This is property located at the end of the CBD district and the Industrial zoning would
essentially interrupt the Commercial land use pattern, It tends to introduce the potential of heavy duty
manufacturing use in an other wise commercial area, We recommend this proposal be recommended for
denial to the City Council.
Steven Ramunni, representing property owner Mary Ann Newcomer-Tuten, addressed the Board, He
stated, last February the Board acted in an appellate capacity with regards to the recision of the building
permit that was issued by the City for a billboard, The City testified before this Board that the property
adjacent to this property was designated Industrial, so I have a problem tonight with it being coded as, not
really anything, because this Board rendered its decision based on the testimony of the City Staff at the
February meeting.
NOVEMBER 15. 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS. PAGE 3 OF 6
Now it seems like it is being pulled out from under us, so to speak. If you look at the City maps, and there
is some confusion, but the property on each side of the abandon right of way, is coded as Industrial
property as far as zoning. Somehow there is an error or an omission undoubtably in the City maps where it
leaves a gap as to this particular piece of property, which is adjacent to our subject property. In the Land
Use designation, there is nothing for any of the abandoned right of way property and we believe that in and
of itself creates an inconsistency within the City's comprehensive plan future land use map and the defacto
(actually existing, esp. when without lawful authority) zoning that has gone on in the City. It is our
contention that the subject property is contiguous to property that is in fact zoned Industrial. With the
potential use of manufacturing or processing, this application is consistent and compatible with the
surrounding land uses.
Vice Chair Hoover stated the objective of the Board is to get the zoning to match with the land use
designations of the Future Land Use Map. Mr. Brisson concurred.
Mr. Ramunni interjected, unfortunately this is the procedure we have to go through first as suggested by
Mr. Cook at the February meeting to rezone the property, To rezone the property, we have to ask for a
future land use change, Ms, Hoover then added maybe she misunderstood, but she thought Mr. Ramunni
said he thought the property was already zoned Industrial. Mr. Ramunni replied, we believe the property
adjacent, which is one of the factors is in fact Industrial and think that is a critical element because that is
what gives us our consistency and compatibility to rezone the subject property ultimately as Industrial if the
Board was to adopt the Future Land Use Map Amendment.
Shelly Johnson, Planner for the applicant, distributed a paper she had prepared, comparing permitted uses
within the CBO and Industrial zoning districts, The main question she had was whether the Board was
clear on the presentation so far as to the inconsistency between the land use map and the zoning map with
regard to the Industrial designations of railroad right of way in the City, I think that is key to this application,
The railroad right of way is zoned Industrial, but it does not have a land use designation at all, which
creates obvious inconsistencies in the land use map and zoning, which is an issue,
The inconsistency makes it difficult to argue one way or the other whether proposed change is consistent
with adjacent land use, because the adjacent land use does not exist to the west. The placement of the
billboard was proposed on the west side of the property, which is adjacent to the railroad right of way. It
was not proposed on the east side adjacent to the park, If the zoning and land use maps were consistent
and applied the Industrial land use designations to all the railroad right of ways in the City, it would in fact
fall adjacent to Industrial zoned land use designation, The tendencies, based on the land use pattern that
has been established on right of ways in the City, is that it probably should have been zoned Industrial at
some point in time when all tne rest of the right or ways received that designation,
Board Member Burroughs stated that you are requesting to make more Industrial property right in the
middle of town and that I do not agree with. The Planner for the applicant stated there are other avenues,
There is litigation going on and the applicant is more than willing to establish this as criteria of eliminating
the litigation process,
NOVEMBER 15. 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND ApPEALS - PAGE 4 OF 6
Mary Ann Tuten, formerly Mary Ann Newcomer, owner of the property, said my property has always been
Commercial. She stated she does not want to change her property from Commercial to Industrial. All I
want is to get an approval for the billboard sign to be put on the property line. She stated she told Carter-
Pritchard, the billboard sign company, she wanted the sign placed as far away from her business and as
close to the property line as allowed. "Can we just take the little strip of land by the property line and
change to Industrial and make it contiguous with the railroad and leave the rest of my property alone, would
that be alright?" Chair Ledferd replied that setbacks for Industrial would not allow for the sign. Chair
Ledferd then instructed the Board, this application was for land use change, not a sign. She then asked if
she could apply for partial zoning. Board Member McCoy said the Board needs to look at the application as
submitted, to change the designation of the whole lot, not a portion of.
Chair Ledferd asked if there were further questions from the Board, applicant, or citizens, There were
none,
Board Member Burroughs moved to recommend denial to City Council for being inconsistent with the
Comprehensive Plan for application No. 07-013-SSA to change Future Land Use from Commercial (C) to
Industrial (IND); seconded by Vice Chair Hoover.
LEDFERD - YEA
MCCOY - YEA
MAXWELL - ABSENT
MOTION CARRIED.
VOTE
HOOVER - YEA
JOHNS - ABSENT
O'CONNOR - YEA
KELLER - YEA
JUAREZ - YEA
BURROUGHS. YEA
Application will be forwarded in ordinance form for a final Public Hearing on December 4, 2007 before City
Council.
B. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application
No. 07-014-SSA, submitted by property owners Gwynn and Linda Johnson, The application
is to change the Future Land Use designation from Commercial (C) and Single Family (SF)
to Industrial (lND) for property located at 105 Northeast 9th Street Legal description: Lots 1
through 7 and 20 through 26, Block 36, City of Okeechobee, approximately 2,84 acre(s)-
Planning Consultant
Mr. Brisson presented the LaRue Planning Staff recommendation of approval, stating the application is
compatible with surrounding property and consistent in land use,
Chair Ledferd asked if the applicant wished to address the Board, Vikki Aaron, representing the applicant,
stated this was being requested due to property appraisal. Mr, Johnson stated when he bought the
property many years ago it was Industrial and that is the way he would like to see it remain, Board Member
Burroughs interjected, this is an Industrial area and has been zoned that way for a long time, From a
contiguous stand point, this request should not be a problem, Board member Maxwell affirmed the need
for more Industrial zoning, Chair Ledferd asked if there were further comments or concerns from the Board
or citizens, There were none,
VII, PUBLIC HEARING CONTINUED.
C. 2. b) Public discussion and comments on proposed Ordinance No, 1003
continued.
c) Vote on motion,
D. 1. a) Motion to read by title only proposed Ordinance No, 1004,
Comprehensive Plan Small Scale Future Land Use Map
Amendment Application No, 07-013-SSA, submitted by Steven
Ramunni, Esquire, on behalf of property owner, Mary Ann
Newcomer - City Planning Consultant (Exhibit 4).
b) Vote on motion to read by title only,
c) City Attorney to read proposed Ordinance No, 1004 by title only,
DECEMBER 4, 2007 . REGULAR MEETING- PAGE 11 OF 18
'GQQN~I(
8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety.
Continuation of the current use will create no traffic congestion, flooding or drainage problems,
9. The proposed use has not been inordinately burdened by unnecessary restrictions, The property is subject to no
extraordinary restrictions.
1 D. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the
public welfare, The proposed change will not constitute a grant of special privilege to the owner.
Mayor Pro T em Watlord asked whether there were any questions or comments from the public? There were none,
The only comment from the Council was that this basically is to clean-up a problem that was created when the new
land development regulations were adopted, The existing use was pennitted to remain, although the type of zoning
that was previously designated CII was changed to CL T, However, upon sale of the property, bringing all codes up
to date was triggered, causing the rezoning,
KIRK - ABSENT
C. WilLIAMS. YEA
VOTE
MARKHAM- YEA
L. WillIAMS - YEA
WATFORD. YEA
MOTION CARRIED.
Council Member L Williams moved to read by title only proposed Ordinance No, 1004, Comprehensive Plan Small
Scale Future Land Use Map Amendment Application No, 07-013-SSA, submitted by Steven Ramunni, Esquire, on
behalf of property owner, Mary Ann Newcomer; seconded by Council Member C, Williams.
KIRK. ABSENT
C, WilliAMS. YEA
VOTE
MARKHAM. YEA
L. WillIAMS - YEA
WATFORD. YEA
MOTION CARRIED.
Attomey Cook read proposed Ordinance No, 1004 by title only, "AN ORDINANCE OFTHE CITY OFOKEECHOBEE,
FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS
AMENDED, BY REVISING THE FUTURE LAND USEMAPONA CERTAIN TRACTOFLAND MORE PARTICULARL Y
DESCRIBED HEREIN FROM COMMERCIAL TOINDUSTRIAL; PROVlDINGFORINCLUSIONOFORDINANCEAND
REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FORAN EFFECTNE DA TE. 1/
AGENDA
VII. PUBLIC HEARING CONTINUED,
DECEMBER 4,2007 . REGULAR MEETING. PAGE 12 OF 18
b) Public discussion and comments,
D, 2. a) Motion to adopt proposed Ordinance No. 1004.
Council Member Markham moved to adopt proposed Ordinance No, 1004; seconded by Council Member C, Williams,
The Planning Board reviewed the land use application at their November 15, 2007 meeting and voted unanimously
to find the request in-consistent with the Comprehensive Plan, Both the Planning Board and Planning Staff are
recommending denial of the land use change, Mr. Brisson reviewed Planning Staff Report findings as follows:
The Applicant is requesting a Future Land Use Map Amendment to Industrial and will subsequently app~ for a
rezoning to Industrial to allow an off-premises sign to be constructed on the property, The su~ectproperty is located
in the western.part of the North West Pari< Street (a!kIa State Road 70 West) corridor at the western extremity of the
City's business district (CBO zoning) and within a predominately commercial area,
A. Consistency with the Land Use Categories and Plan Policies, The current and proposed uses for the property are
consistent with the Industrial Future Land Use Category and the policies that which govern this category, However,
with the exception of the park to the west of the subject property, surrounding land use designations, zoning, and
existing uses are largely commercial rather than industrial. Staff does not believe that a change to an industrial land
use design ation at this site is consistent with sound planning as it inserts the possibility for manufacturing or processing
activities into an area intended for office, retail, wholesale and related commercial activities, As such, Staff does not
believe the requested amendment is consistent with the Goal set forth on page 1 of the Future Land Use Element,
and which reads as follows: 'Through a well-planned mix of compatible land uses, the City of Okeechobee shall
continue to maintain a high quality living environment, preserve its distinctive natural and historic resources, and
provide public services to its residents at a minimum cos\,'
B. Concu rrency of Adequate Public Facilities, The subject property contains an existing commercial use that is already
enjoys provision of public utilities from the City and traffic volumes in the area will not likely change as a result of a
change to the Industrial land use category, Staff sees no likelihood of concurrency deficiencies associated with the
requested plan amendment.
C. Compatibility with Adjacent and Nearby Land Uses, While there is nothing inherently incompatible with industrial
uses in close proximity to commercial uses, Staff does not believe that the insertion of the potential for heavy industrial
at the perimeter of the City's CBO is good planning and is incompatible with the predominantly commercial character
of the SR 70 corridor in this area, and particularly in relation to the CBD,
AGENDA
VII. PUBLIC HEARING CONTINUED.
DECEMBER 4, 2007. REGULAR MEETING. PAGE 13 OF 18
D, 2. b) Public discussion and comment regarding proposed Ordinance No,
1004 continued,
D. Pattern of current land use and zoning designations, The City has treated abandoned railroad rights-cf-way in the
general vicinity of the subject property in an inconsistent manner with regard to assigning future land use designations.
In some instances, abandoned railroad rights-cf.way are shown as Industrial on the Future Land Use Map (FLUM);
sometimes the lands remain undesignated; and in still others, a residential designation has been applied,
Application of zoning to these lands has been somewhat more consistent in that most of the lands have been zoned
Industrial, although sometimes in conflict with the future land use designation, Staff believes the application of
Industrial zoning is a holdover from the lands' prior association with the railroad, and does not necessarily reflect the
most appropriate designation from a planning perspective, Consequently, the existing land use and/or zoning
classifications (or lack thereo~ do not provide a basis upon which to make land use decisions for nearby properties,
The abandoned railroad rights-cf-way in this area and elsewhere in the City need to be examined so that their Future
Land Use designations and Zoning classifications can be assigned based on sound planning principles rather than
just their prior association with the railroad use, While the Applicant may have no intention of introducing manufacturing
or processing onto the site, amending the plan as requested will afford current and future owners the potential to do
so, These types of uses, which would be allowed only with industrialland use designation, would not be compatible
with the commercial character of the area, To allow the possibility of their introduction into the area would be
inconsistent with good planning and the Future Land Use Element Goal. Therefore, Staff recommends denial of the
requested amendment.
Attorney Steven Ramunni, Post Office Box 1118, Labelle, Florida addressed the Council on behalf of the property
owner, by offering a brief summary of the issues with this application and a previous building pennit that was found
to be issued in erroLln attendance with Attorney Ramunni was a Planning Consultant, Mr. Stephen Pizado, who gave
a summary of why he believes the land use change would be consistent with the City's Comprehensive Plan and
surrounding uses, Discussion ensued between the Council, City Sfaff and representatives for the applicant
c) Vote on motion,
Mayor Pro T em Watford asked whether there were any comments or questions from the public? There were none,
The Council concluded that the Planning Staff and Planning Boards recommendation should be up held, That the
findings based in the Planning Staff Report are substantial, Application No. 07 -013-SSA was found not consistent with
the Comprehensive Plan, as specifically noted in the Planning Staff Report, Therefore the vote was as follows:
KIRK. ABSENT
C, WILLIAMS' No
VOTE
MARKHAM. No
L WILLIAMS. No
WATFORD. No
MOTION DENIED.
QRlJ!:YOR t10TEG
. .
LBearln9s shown are relative assuming.
NB7' 24 16' E a long New S, A/N U oe N. Park,
2. Thls'survey Is based on InformatIon
provIded by the custo.er/agent and no
search was lade of puMI c records by
this office to Verify or deny owners,
easements, or rlght~of'ways.
3. No visible or underground Improvement
has been located except as shown.
4. This survey 15 not valId without
the signature and the original
raIsed seal of a florIda Licensed
Surveyor and Mapper.
5. According to FIHM map dated 2/04/1981
panel' 120177 017513, parcel lies
In Not Included Area of City Limits,
F I Dad Zone C, per Okeechobee Cuunty
Planning & ZonIng Department.
6. Property Address 15:
701 W. North Park Street, Okeechobee, Fl
7. There may be additional restrictions
that are not recorded on this survey
that may be found In the PublIc Records.
OOUiOARY Q..JRVI;:y OF:
O. A. BOOK 292, PAGE 539:
BEGINNING AT THE SE CORNER OF 8LOCK 151,
TOWN OF OKEECH08EE1. ACCOROING TO PLAT
THEREOF RECORDEO J N PLAT BOOK 2. PAGE
17. PUBLIC RECORDS Of ST. LUCIE COUNTY,'
FLOR I GA. AND RUN THENCE SOUTH 70 FEET 'TO
SOUTH LI NE OF NORTH PARK STREET FOR THE'
PO I NT OF BEG I NN I NG; RUN THENCE SOUTH . .
ISO' TO I NTERSECTI ON WITH NORTH Li NE OF
SOUTH PARK STREET; RUN THENCE WEST ALONG
SA I 0 NORTH LI NE 200 FEET. TO I NTERSECTI ON
WITH EAST LI NE OF FORMER BUT NOWABAN-
OONEO FEC RR; RUN THENCE NORTH ALeNG SA 10
RIGHT OF WAY 150 FEET TO INTERSECTION
WITH SOUTH LINE OF NORTH PARK STIiEET
AFORESA I 0; RUN THENCE EAST ALONG SA I D
SOUTH LI NE 200 FEET TO PO I NT OF BoG I N-
NING; SAID lANO LYING IN ~NO COMPRISING
PART OF E 1/2 OF 5W 1/4 OF SECTION 16,
AND NE 1/4 OF NE 1/4 OF NU/4 OF SEC-
TION 21, TOWNSHIP 37 SOUTH, RANGE 35
EAST.
LESS AND EXCEPT:
ADD I T IONAl D. D. T. ROAO R/W ON s. R. 7D.
A
R 70 - riJRTH PARK GTRa::T
70"R/li - ASPHALT - NO MEDIAN.
.......J3'E a...(1:l EASt ""'I~.l
:1.
. -- ------
-,<< . aJ>l>
. ~t" . . ....
:,..:.:.....::::::::::.:::<iis.ii~.:-:.:.:.:~.
:1, -- I
I
I
ii
<Jl
.~.~.
~5
<Jl
ui~
. I
"~I
..JIll<
~ I ~
..ti ~
<l: '.'"
"8l'~
:. !i!
~ 'I
<l:! ,:,
Q ..
-18
~I-
;'1"
I
,
I
I
___1____-'-__
"",i'~E 177W]t~lmmmEt%.jf.rl\}:r:~::~:~:~;:~:Y~{{{{::){:}
:,::,:,::,::,:",::",:,:,:,:,:,:,::,:,:,:,:,':.:.:-:.::.:.:.:F-:.:-:':,:':::.':'::'::::'::':: :-::.::.::.:.......................
?:IrW:{}:"rr'::rff.}1~tF{:::5::::(:':'{':::'::::' .
<<::...:+:::
:'::1'."
':,:.'
\
.\
I
40.3;'
RIll'
26.9'
0:
~
~
~
: !ii
1
'"
!l
~
ti
f
~
~
~
l'
.....--........... ....-
..............-.....,.
':':\{tI}?\~~:
0. R. 2"l2I55"l ::::Ii::::. ..
~ i crrtr.o. bA ~ I '17. Baa 5 '- F. +/- I~ ':-:':':1i:~':-:':' 2
i: 1= rot ,= =n-oor ~ I ~,::::::/{;R}}~i:i~-:
!i I '.:.:.:.:.:.:.:-::.:-:.:::::::::.:::::::::::::::::::::::::::-::::::::::::: ;
~ '.:.:.:.:.:.:.:.::.:.:.:.:.:.:.:.:.:.:.:.:-:.:.:.:.:.:.:.:.:.:.:.:.:.:.:
----------- :---'~.---- ':%mmilim~ms*0tftg0t~
___~~~~~___~ ~0Btt0illij@ijf10j0tmiiK
::::::::.-:::..::::::::::::::-::::.:::::":T:::::::.:::....:.:::::.':::::: .......
il
~
i
Mf:ll.Qrs.
SIl9"59'Z&1I 200. U' /:~~:~~~::.~:::~:::::?:::::::::~::::::::::.:
--------+- --------~~;-~-
. 7crR/V-ASPtIAll -
r
---r----------------
1375 Jackson Street, Suite 2U6
Fort Myers, Florida 33901-2845
Phone: 239-334-3366 Fax: 239-334-6384
Email: info@larue-planning.com
LaRue Planning &
Management Services, Inc.
Staff Report
Rezoning Request
Prepared for:
Applicant:
From:
To:
Petition No.
City of Okeechobee
Steven Ramunni, Esq. for Many Ann Newcomer
CBD
IND
08-002-R
Staff Report
Rezoning Request
Applicant: S. Ramunni for Newcomer
Petition No.: 08-002-R
General Information:
Applicant: Steven Ramunni, Esq.
Applicant Address: P.O. Box 1118
Labelle, FL 33975
Applicant Phone Number: 863-675-4646, FAX: 863-675-4174
Owner: Mary Ann Newcomer
Owner Address: P.O. Box 1537
Okeechobee, FL 34973
Existing Proposed
Future Land Use Map Commercial Previous request for a
Classification change to Industrial was
denied and designation
remains Commercial.
Zoning District CBD Industrial
Use of Property Commercial convenience Commercial convenience
store (drive-thru) store (drive-thru) and
billboard
Acreage 0.642 0.642
Location: 701 SW Park Street
Legal Description: Beginning at the Southeast comer of Block 161, Town of
Okeechobee according to the plat thereof recorded in Plat Book 2, Page 17, Public Records of
S1. Lucie County, Florida, and run thence South 70 feet to South line of North Park Street for
the Point of Beginning; run thence South 150 feet to intersection with North line of South Park
Street; run thence West along said North line 200 feet to intersection with East line of former
but now abandoned FEC RR; run thence North along said right-of-way 150 feet to intersection
with South line of North Park Street aforesaid; run thence East along said South line 200 feet to
Point of Beginning; said land lying in and compromising part of East one-half of the Southwest
one-quarter of Section 16, and the Northeast one-quarter of the Northeast one-quarter of the
Northwest one-quarter of Section 21, Township 37 South, Range 35, East. Less and except:
Additional DOT Road right-of-way on SR 70.
Request:
The Applicant is requesting to rezone the subject property from CBD to Industrial to
allow an off-premises sign to be constructed on the property.
1
Staff Report
Rezoning Request
Applicant: S. Ramunni for Newcomer
Petition No.: 08-002-R
Adjacent Future Land Use Map Classifications and Zoning Districts:
North: Future Land Use Map Classification: Commercial
Zoning District: CBD
Existing Land Use: Restaurant, car sales, and vacant
East: Future Land Use Map Classification: Public Facilities
Zoning District: PUB
Existing Land Use: Park A venue Greenbelt public park
South: Future Land Use Map Classification: Commercial
Zoning District: CBD
Existing Land Use: Large furniture store
West~J.): Future Land Use Map Classification: Commercial
Zoning District: CRV
Existing Land Use: Retail
~J.) These designations are for the property on the west side of NW 7ID A venue. The
property immediately west and adjacent to the subject property is vacant, abandoned
railroad right-of-way and, as discussed in detail during consideration of the prior
request for a Plan amendment, the adjacent property presently carries no Future Land
Use or zoning designations.
Summary:
The subject property is located in the western part of the SR 70 corridor at the western extremity of
the City's CBD and within a predominately commercial area. This property was previously the
subject of a request to change the Future Land Use designation from Commercial to Industrial,
which request was recommended for denial by the Planning Board and subsequently denied by the
City Council.
Analysis:
Section 70-340 of the Land Development Regulations requires that the reviewing body find
that the application for rezoning meets each of the following conditions. The Applicant has
submitted no information that would convince the Staff that rezoning the subject property to
Industrial would allow for the required findings. Staff offers the following comments:
1. The proposed use is not contrary to Comprehensive Plan requirements.
No, the requested rezoning would be contrary to the City's Comprehensive Plan.
Rezoning the property to Industrial is not consistent with the intent of the Commercial
land use designation presently applied to the property. The Industrial zoning district
permits uses that are neither listed nor contemplated as permitted uses within the
Commercial Land Use Category and, as such, rezoning to Industrial would be
2
Staff Report
Rezoning Request
Applicant: S. Ramunni for Newcomer
Petition No.: 08-002-R
inconsistent with the Comprehensive Plan. Furthermore, with the exception of the park
to the west of the subject property, surrounding land use designations, zoning, and
existing uses are largely commercial rather than industrial.
2. The proposed use being applied for is specifically authorized under the zoning district
in the Land Development Regulations.
A billboard is permitted within the Industrial zoning district, although there is presently
a moratorium on the location of billboards within the City.
3. The proposed use will not have an adverse effect on the public interest.
No, the rezoning presents the potential for disruption of the predominantly commercial
character of the area by introducing the possibility of more intensive industrial uses.
This would not be conducive to promoting a well-planned mix of compatible land uses
and the continuation of a desirable land use pattern in the area.
4. The use is appropriate for the location proposed, is reasonably compatible with
adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns.
Insertion of industrial zoni.ng at the perimeter of the City's CBD is not good planning
and is incompatible with the predominantly commercial character of the SR 70 corridor
in this area. Industrial zoning on this site could result in the introduction of uses
incompatible with the character of the surrounding area, particularly in relation to the
CBD and could therefore be detrimental to the land use pattern desired for the area.
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.
Industrial zoning at this location could prove a deterrent to improvement or devel-
opment of adjacent properties in the manner that is considered desirable and consistent
with the commercial character of the area.
6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the
impact of any nuisance or hazard to the neighborhood.
It may not be possible to suitably buffer all industrial uses that would be permissible on
the property.
3
Staff Report
Rezoning Request
Applicant: S. Ramunni for Newcomer
Petition No.: 08-002-R
7. The proposed use will not create a density pattern that would overburden public
facilities such as schools, streets, and utility services.
It is not expected that rezoning to Industrial would likely result in development that
would overburden public facilities.
8. The proposed use will not create traffic congestion, flooding or drainage problems, or
otherwise affect public safety.
It is not expected that rezoning to Industrial would likely result in excessive traffic
congestion, flooding or drainage problems, or otherwise affect public safety.
9. The proposed use has not been inordinately burdened by unnecessary restrictions.
The property is not inordinately burdened by unnecessary restrictions. Rather, it has
been subject only to restrictions imposed on other similarly zoned properties in the area.
Recommendation:
In light of the above analysis and findings, Staff recommends denial of the request to rezone the
property from CBD to I (Industrial).
Submitted by:
James G. LaRue, AICP
Planning Consultant
March 11, 2008
Future Land Use Map (FLUM)
Property Appraiser's Aerial Photograph
Zoning Map
1 SI Public Hearing, Planning Board, March 20, 2008
4
,,' _._-::--~.... ;
77/.. .777; ."rI~
. . /// // ///2
:&/WA'
ZONING
UNlCORPORATED
CLT
CPO
IND
PUB
RMF
RMH
RSFT
-
5
Staff Report
Rezoning Request
Applicant: S. Ramunni for Newcomer
Petition No.: 08-002-R
6
03/20/2008 09:40
8535754174
FOX & RAMUNNI PA
PAGE 02
Fox & RAMUNNI, P.A.
ATIORNEYS AT LAW
AMIRA DAJANI FOX
amira@foxramunnl.com
STEVEN A RAMUNNI'
st8V8@foxramunni.com
"elso licensed In Texs,s
FRED R. KAHLE
fred@foxramunnl.com
Post Office Box 11 H!
LeBelle, Florida 339n
Tel: 863,675.464E
Fax: 863.675.417'/
2211 Peck Street
Sult8250
Fort Myers. Florida 33901
Tel: 239,791,3900
Fax: 239,791,3901
March 20, 2008
Betty Clement
City of Okeechobee
General Services Department
55 S.E. 3rd Avenue, Room 101
Okeechobee, Florida 34974-2903
Via mail and facsimile
IN RE:
Rezoning Application-Mary Ann Newcomer~Tuten
701 SW Park Street, Okeechobee, Fl
Dear Mrs. Clement:
I am requesting that the Industrial Us~_Rezoning currently scheduled for today at 6:00
p.m. be continued to the April, 2008 ~~~nd~C )
Please advise accordingly.
r
.' . /
". ',~_.-
Steven A. Ramunni
lip
cc: client
www.foxramunni.com
03/18/2008 00:58
8537534831
PAGE 01
BILLIE JEAN REYNOLDS
744 S. W. 24m Avenue
Ok~hobee, Florida 34974
March 18, 2003
City of Okeechobee Plsnniog Board
Okeechobee, Florida
. 'Re.: Rezoning Property at:
701 South WestPmk Street
This letter is to infurm you of my objections of re-zoning the above
property. The said property begins the downtown area and should not be
roned industriaL
I own property at 107 South West 7th Avenue.
Billie Jean Reynolds
March 13,2008
Sarah Regina Hamrick Trustee
PO Box 837
Okeechobee,Fl34973
Dear City Planning Board/Board of Adjustment I am opposed to the
rezoning of Petition No. 08-002-R. The petition is to change the zoning
designation from Central Business District {CBD} to Industrial for property
located at 701 Southwest Park Street. I have adjacent property and do not
want to have it decrease in value. I would appreciate your consideration in
this matter.
Respectfully,
Sarah Regina Hamrick
l__ _ _ _ _ _ __ _ _
:rs mt ~D ~S2S ~ ~RW
L----~----~-----~
>>~
... -
~rtJII,.,7 Mt. .2IllJ. .m.2t - - - ~
--T:----:~OT OPEN)~N.E4~ TH- si;;T --~
S€T~.~ tiIJD
SPWED
__ a_
TOPOGRAPHIC
SURVEY
BLOCK 1,2,15, & 16
PLAT OF OKEECHOBEE
PLAT BOOK 5.PAGE 5
OKEECHOBEE COUNTY
FLORIDA
iliP--
#,:'5--
...
./
>U>
~w f;~L-L-1
, ______..J ~ I
7D.mr~ .IJIG I ::. '~I
12 I is 10 I
/1;1__ II
5---------1 ~ I
iaf--13 I I
., I
llL__,__-j ..
'14 ill" I
B_ I.
:!l
~
,,;'W'
1::.1!1DI
I
I
I
I
I
\
\
\
I
8 I
~ '~
~ 4 I 3
g 1
I
"8
~
...
is
II
g
..
8
~ -IW
...
II
II
:!l
,.
'tJl
'\
2 1
'lW
2
.~
4
3
1
..--...
z
~
p..
o
E-<
o
Z
--
DESCRIPTION:
(PROWlED BY OJDl1)
lJ)TS 1 III . IIICUI~ !LOCK I: Ul1S 5 10 8 IIlCLII5IW. ILDCK ': LlIIS 1 III 5
~ 8LOOC 2; LOlS & TO 1D INO..USI\€. Bl.OOC 2; uns 15 . " 8lDQ( 2;
LOTS 17 It 18. Bl...OQ( 2. LOTS 19 ok 20. IIJ)Q( 2. LOTS 21 a: 22. 8l.DQ( :z. L01S 2J
lD 21 IMC1.JJSI\IE. BlJXX 2; LD1S 1 10" ~ II.DCK 15: LD1S 5 ~ a. 8L.OOC
15i LDlS 11 TO 14 INa.U9\t: BlOCX 15; LOTS 18 10 22. EIl.OCK 15; L01S 1 10 5
Na..usrvt BlOCX 18; LOTS 15 TO 11 ~ BI.OOC 18; ACaRlt&G "to 1HE Pl).T
lliEREDf RECORDED IN PlAT 9001( " PACE 10. 6: PL.AT aoac S. PA.GE S. OF n€
PUEl.JC RECORDS OF OKEECHOBEE CCR.INTY. fLORIOA.
(NOTE: LOTS 1 TO 4 lNo.usr.€" 8lODC 1: LOlS 5 10 a IK1USNE. BUXX f; AHD LOTS
1 10 5 INQ.USI'\IE. 8UXX 18; LOts 6 TO 11 INCI..USNE, Bl.OOC 16;. ARE.ALSO
RECORDED AS "'Rl\€RSlDE. ORNE. AND- AD.x>>IIIC PRlPER1Y \1IEST or TA"l'I..OR C1tEEI(' IN
PlAT BOCK 1, PAGE 22)
::r::
~
~
o
Z
.O.U.A..
\~~-
=-""'"
\
\
\
\
\
\
\
'U'l
I
7 I
I
I
/1
lW
I
....ocr ....DO'
II 5 6
~
It
is
II .~
g
.",
&
.,.....j
~
~
~
~
~
<C
~
::c:
o
_ ~,R ~_,
::c:
t.~!~.T
w.p suu:. 1 MP\ .. so ft:n
PROJECT SPEDrl( NOTES
I
~l I
~ I
~ ~I 9 8~" I
: ~ I
"
~ I I I I
'" ~~__l__1
.....
C:..~ - -
I~I
& (42'2)
~I I
kl 17 I 18
~I I
"'I
l) uNLL'iS SHO__ OTHlR,,",'Sl. ...u. l)t.~l"'S>ON~ A.R( PER PLAl{P) CR CA,lcuu.TIO(C)
2) ll115 SuRVl y .5 NOT INITNOED TO DEPICT ..I)RISOICnONAl AREAS OR OTHER A!iE.AS
or- LOC....l COKURN.
D 8 8
D
~ ~ W ~ '6..H
., ~
7 ~6 F 1 ;:J " 5\
. .7J7 :8 4 2 1
S".l 2J.o. ~.- Z
a ... B a
8 8 ~ 8 'uo \
,..,. ....
'" .... '" >-
<t \
~
~
C":l
I
lq :
~al
12.~
3) I)ATt Of l.AST Flf.LD SlJR\.8'; 06/30/06
4) n-us IS NOT A BOUNDARY SURVEY. ntS IS A TOPOGRAPttc SUR\If:Y (N.Y.
5) "DiE 9JRVEY DEPICTED HERE lS NOT COIA;RED BY PROFESSICWAl UABlUTY
INSURANCE. ADOI11ONS OR 0ELEll0NS 10 SUR\IEY IU.PS M REPCRlS BY OlliER lHAN
1HE SGN!NG PARTY OR PARllES IS PftCtiIBIUD 'MlttW! 'NIDlEN COiSENT OF nE"
SIGNIN' PARTY OR PARllES..
&} B..EYA.llONS SHO..... MEREOM ARE BASa) tM 'THE. MA'lJtIW. GEttIE1IC IJER11CAL
DAru... l!it2!l AD.lJS1UENT (NGW) '251.
REfERENCE BENcH lAARK USED: DEPAR11AEJ(T (f l'RAHSPORTAl1OriI STAMlARO ~"1t ...-
tDtCRE'J[ BENDt !.lARK ...TH BR.-\SS DISk STAIIPB) "'BI.I13'" DAlEn 04-12-1995
fl.EVA1ION an8 FEET (NGW) "29
7) FLOOD ZONE NOT OEI'EMNED: PARCD.S UE W11H1N THE CITY W1'S OF
0KEIDI0llEE.
ifl
.
~
13
~ ~~18ffET
(NC>!J)'29
------
14,
I:J'
1\
I~
1 I ~ I
I 21122~ 23124
III I
I'~ I ;., oll.,'>> I
I I I
,J I
....
. I
g
~ I
~ 1 9 I 20
l~
,. / 1,40.?
1M' I~
"... 'l: I
...
~ & I
Z ~ !
... 6 7 8 9 110 11
<>
"
a I
8 :U'
'" "- I -:.oj
./
'u'
"" I
saoo' 5D.oo' 50.00' saoo' 5D.00'
><JO
...
I &
I ~
"'25126k
B I a
8 e
~.~ I II).~
I
N B9"56"20~ E 14250"
8
8
~
__1M<
.......
u"',..
-....-
~I~ 15
PROJECT SPEClFlC LEGEND:
11J'
E/C - EDGE Of CI:lIlCllETE
ale - BUIlDJNG CORNER
HOC _ BACK ~ OJRB
BO.. - 9AC( Of 1IAl.X
CONe.. .., CQ\ICRETE
CONST.., c<ws1RUcnctI
Cl.IP .., CClRRUGAlID UETAl PIPE
E/C - €llGE Of IXlNCllETE
FOe .., F.-'a:: ~ CURS
QI) - GROUND
HD/VA. - HEADWAll..
HYD ... FIRE HYDRANT
INV ::.- INVERT
OSW - ornER ~AC[ WATER
PP IE PO'ER PCU:
PwT - PA'vD.IENT
g..rw - SEASoNAl. I-aGH WATER
V" - c<lHCRElE 5lIlE'IAlJ(
108 _ Ta>> CF BANK
UTS - m..EPHoNE RlSER
...jv - WAlER VAI..'oI(
W/U - WAlER WETER
iiJI---'------
""
.~lU'
160~
'N
50..00' 5a.OO'
__---1-__
B9~'20 W 100.00"
5 B9$'2(Y- w Z17.SO"
N B9'Sfi"2fr E 5'250'
\
~-
N _ E _ 12 TH
-.;;:=- .~ """ N 89'$"20' E .motr l.::,r .~'
w - - M ..~7.s;r 1-'7.SO: I -;;50-;-I--;oo~ '-511;:- T 51100-:- I 5O.ao.,-5O.~ ~oo-:- I' 5O.M l-- "'...
iiM. llr ~ 11 I I I I I I \ I I .1:.0" I I
""'F I I
"" _______ I I I I I I I I
L 12 I 110 I 9 I 8 I 7 I 6 51 4 I 3 I 2 I 1
I I I I I I I I I I
--,
N lJ9"56"2a- E JSa7T
ou .... ....
S1N#C
,... ........
ou..".-_
"'_
STREET
w
'~INOCDiII5f
"" 1
\1
6 : 5 4
t.~
~
\
8 7
3
2
1
DfiCRlPTlON DATe FB/I'G 8Y ex
TOPOGRAPKIC SURv<Y 07-24-06 184/24-57 RLC KAB
ADD WETlAND EU:VA nONS 08-25--06 193/17-19 RLC KAB
ADD wETlAND AREA CALCUlATIONS 08- 2'l- 06 "/A RLC KAB
1"=50' --
sc..LE DHA W1/oC NUJlBCR:
SHlIT 1 ~ 1 20269- T{)pn
TOPOGRAPHIC SURVEY
BLOCK 1,2, 15, & 16
PLAT OF OKEECHOBEE
PLAT BOOK 5 PAGE 5
OKEECHOBEE COUNTY
FLORIDA
STANDARD HOltS.-
1 No seevch of the- public r",corcls far detenninatitwl of owroership Q' restriction. ott""ting the- lands
sho_ .cu. performed by ttle ~
2. The Sr.1noey d.epicted h~ ;. prq:>ored eo.dusi....y b- ttoos.e parties "QI~
J. No responsibiily ar OObilty is !l$s:um~ by the, ~ for u.. by <ll1'lers nol speorlCQUy nornK
4. Not voIid ..,;tI'loo.Il the .Ignotut~ 0fI(I embOSSed ,eal of Flarido ha"sed ~yot and mapper ,482Q.
~. There gr~ "0 ....."ble above ground ~CTDQ.Chments D~I 0$ sho.I..
6 No atte<npl -as moOe to IOCCII.. ...Oer9fDlU'd Irn~ents: OI'Id/[7 encrood'lme<'l~ (II 00") = pO't 01
tl'Iis~y
1 Th>s, su~ ..-os p.oepared ,n Dccnrdonce WIth m~ technical ilund-w<fa ~stobh..hed boy the F1orido
Soard of Su.--yors 0t'Ld MOpper-s (Chopte,r- 1>1C;17-6. FAC.) pursuont 10 s.ectlon "'72027. Rondo
SICllutes..
LECENO
o-Set ~ Rod and Cq:l lW'S 6719 G-FO\IIld c:u
e-Found Iron Rod (OI"ld Cop) 8 -found Pipe (~d Cap)
ASBRE\4A l10NS
t----.: _____ ~~ ~ '""~ fI( C>>-
~_\:~(Ii')-Owcb...o..t...c...........[-t..c.
E/p-6ste -" "'-<-I;. l5aIf~..\: '.lJUI._A_ ~m II",", ......
1'l<IIO-F_ ~,....... 1P(e>-- "- (_ 0 c.l:. L-(~J ~
'"r"- --"-< --- '''''''')-Ho_. "-"" 1
.......O-'OwJlY1S;~......~._~~
u..;~~D'o...o--~oilc....,-..~PC:JI'-
_CIootPw~I'G-~~..~~..~
PlIC-_ or ~ ~ _"""-....... "-o.t; ,.,..,...
~~~4::=~~~..;;';
TRADEWlNDS PROFESSIONAL SERVICES, INC.
SURVEYORS [JID MAPPERS ~
200 SW 3rd bl!DUe ~
Okecchobee. FL 34972
Td, (863) 763-2887 0
PREPARED fOR THE EXCLUSIVE USE OF
AKBAR HUSAIN
Kenneth A Breaux. Jr (PSU 4820)
~trol'~"'la.lrn90
~---_.
.
,
10
I--
Master Land Development Application and Checklist:
I
Rezone - Special Exception - Variance (Rev. 12107)
Petition No. ()
Jurisdiction:
City ofOkeechobee
General Services Department
55 S.E. 3rd Avenue, Room 101
Okeechobee, Florida 39974-2903
Phone: (863) 763-3372, ext. 218
Fax: (863) 763-1686
Date:
. Notices Mailed:
(below for offic~ use only)
2 Owner mailing address:
3
4
5
7
~ ,{)L
8
ents on property (number/type buildings, dwelling units, occupied or vacant, etc.):
9
~&~~
_~ acrea~~---= 'iO~_~ Is property in a planed subdiv~='on? ~Yes (~No
Is there a use on the property that is or was in violation of a city or counr;;-ordinance? c..:::rNo;L~~-Yes
If, yes, describe the use and violation:
11
12
Have there been.any land development applications submitted in the past year that involve any part of the
property? (/)No L-jYes If yes, provide date, name of applicant, and brief description of the
nature of the application:
13
Is a pending sale of the property subject to this application being granted?
Do you own any other lands adjacent to the subject property? L-J No
current and intended uses:
(~ Yes L.JNo
Yes If yes, describe the
14
."-0 ~' CfJ<-J(. ~)
IS
Describe uses on adjoining property to the:
North: V~
East: V f:.-c...~ ~
South: IAF
West: C,it-v
16
17
18
Existing zoning: -'5 F
Future Land Use classification C- ~V
Request is for: Rezone L-.J Special Exception L-J Variance
Parcel Identification Number: ":'-1:5.. 7:;1' -35- (00) D - CO ISO - [) I qo
Masttfr Land Development Application and Checklist: Rezone - Special Exception - Variance (Rev. 12/07)
24
Applicant's statement ofinter~st in property
Last recorded warranty deed
Notarized letter of consent ~om property owner (if applicant is different from property owner)
Property survey (onc copy II" x 17" and two copies 24" x 36") containing:
a. certified boundary survey, date of survey, surveyor's name, address and phone number
b. Legal description
c. Computation of total acreage to nearest tenth of an acre
List of surrounding property owners with addresses and location sketch of the subject property. See the
Information Re uest Form from the Okeechobee Pro e A raiser's Office attached
Affidavit attesting to completeness and correctness of the list (attached)
Nonrefundable application fee: Rezone:$500; Special Exception:$250; Variance:$250;.aU plus $30/acre.
20
21
.22
23
26
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 $500.00 and imprisonment of up to 30 days and may
resulting the summary denial fthis application.
1
fVl U ltt1-iY1m FaJ ~I (JofbUT>blN
Printed Name Date
..
J2- - )' -0 (5 .
S
For questions relating to this application packet, call the General Services Dept. at (863) 763-3372, ext. 218
. ,Rezo$g-Specific Application and Checklist
(rev. 1'lJ07)
r:~=~~"..,.,.",.~n--~-,~ ,~~"~~~"=,,,,~.,..=~=->-,,-~~,,,-- ~--,=<",..."..." _.1.".....~~"'Y""=-L~,.-,...,~..,.,r~'""""~,.....,..,." -_~~~~~~-~ ~~~-~-'].---__~ _,...., _
~~::ti'~';,:1{-f:7,1~o~!,~1!,~Th-tirm~~.7~\~~;-:~1],(~ji~.~w"1~~>Jl))i~:Wif!~f~]~11irf;j;i)i6;f~~:(.\'f~<fii'iin~ci~(,~- . - ,: ~ ' i, t'J.!1$' I~'~~ :::~~
r~~!~:'i~~_~:;~~f:'~~~~~~';'<~>^:1 ~~S~~L~-~~-v::i~ ;~f~:~~~-~~~)~:; :~7~~::~_~;: '~~:f'- ~: ~o-~ ", \~ ;:" ';.~~~~::^ ,'~~ u -T~ c:-': ."'~ ~ ~~ -:::,J _.' -" =~ ~U:<~:l/fi l~ tgiLt--tJl~-:
A
Current zoning classification: SF Requested zoning. classification Cp.tv"
Describe the desired permitted use and intended nature of activities and development of the property?
e .
B
Is a Special Exception necessary for your mtended use? (YJ No L-J Yes If yes, briefly describe:
c
. -. . . ", . .
......... .".. .
Is a Variance necessary for yoUr m~enaed. uSe?
. . . . . . . .
No L) Yes If yes, briefly describe:
. . . ~-. .'.". .... .."
D.
. ........." . . .
. . . . .
E
.f\ttach a T:r:a:ffic Impact Study prepared by a profession,al transportatio~ planner or transpormtionengineer, if
the rezoning or proposed use viill generate 100 or more peak hour vehicle. trip ends using the trip generation
factors for the most similar use as contained in the Institute of Trlinspoitation Engineers most recent edition
ofTri Generation. .. . .
Attac1llnent addreSsing the requir~ jilidings.as described below:
F
'. FiN'DiNGS REQUIRED FOR GRANTING A REZONING
OR CHANGE IN LAND DEVELOPMENT REGULATIONS
(Sec. 70-340 in the Land Development Regulations)
It is the Applicant's responsibility to convince the Planning BoardlLPA and City Council that approval of the
proposed rezoning is justified. Specifically, the Applicant should provide in hislher application and presentation
sufficient explanation and documentation to convince the reviewing bodies to find that:
] . The propo<;ed rezonmg IS not contrary to Comprehensive Plan reqmrements. No
2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development
Regulations.1-e---s>
3 _ The proposed use will not have an adverse effect on the public interest. t-i 6
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. ye. 5
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.tJ 0
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 '{-e.... 7
7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and
utility services. NO
8. The proposed us~ will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. fJ
9. The proposed use has not been inordinately burdened by unnecessary restrictions. tJ 0
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.
For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218
Page ] of ]
f~
~. \",'
\):; SJ'
~
g~0492 rAb'fOOOl
ThIs 1_ PftpamlB)'
ADd IlRtwa ....
TOM W. CONELY. III
Pool air... Drawer 'J67
O-.c, Florida 34m
Pn>perIJ AppraiscO Pu<:cl1D#:
.: ).'S-:J7.35.Ollll).Ol]ll2O.OOID
)'1S-37~IO.<<l\5l).OQ5O
)'1S-i7-:U:OOID-DD15l),OI!1ll
DOCUlIIQnlalY stamps paid In 1he amount of
$ --~
. Class C Intallllible Tilt paid In the aRlQUnt
of$ ~-
Sharon Robertson, CIeItl 01 Circuit Court
Okeechobee ~. Fkxida .
. .By: .A"~ r ~~/~-?~
Dab!: /L-9/-~tJD2.
ThIs INlnuatDI Is pnpued bm Inlbnaa...... pro_.IIt u.. juutlet. M_bUlI7 or -nu. 10 DOl ..,......Hdnor ~ or Ibe
~Ut1tle_IllllUUDlnod.' .-
. TIDS W
herei1iafter called the
Revocable ~ dated
FJoridli.hcrejnafter call
WARRANTY DEED .
D made'lh~ ~ay of December, 2002, bY ALl ADID HUSAIN.
o MUZAFFAR IlUSAIN, as Trustee or the Muzall'ar Husain
6, whose postoffice addreSs is ISO N.E. 13th Street, Okeecbbbee,
. arad ~te.. aIa&11 btcJ.ude .J~ '"part!.. to tJda ht.~t IUJtJ the
be.J:Z8I, Jeg.a.l ~tal:J..... -..J ~ J.Dd.l~Jd~; ADd I:H ar.u:ce..or. ... ....t.... Dr c:oqor..tJ~.)
WITNESSETH: Tha~lllie . for arid in consideration of LOVE AND AFFECTION,
hereby grants. bargains. scJ '.. releases. conveys and confinns unto the grantee aD that
certain land situate in Oke ~Orida, viz:
Lots 1 10 5, inclusive; B k 2, ts 5, 6, and 19 to 22. inclusive. Block 15
OKEECHOBEE. accord . ereof recorded in PIal Book 5, page 5,
public records of Okeechobee County, Florida.
The real property conveyed hereby is not the residence or homestead ofCrantor and is not adjacent
or contiguous to the residence or homestead of Grantor.
TOGETIlER with all the tenements, hereditamenls and appurtenances thereto belonging or
in anywise appertaininl}
TO BA VE AND TO HOLD the said property in fee simple upon the trusts and for the uses
and purposes herein and in said trust agreement set forth.
The Trustee shall have, without court order or approval, the power and discretion to do all
such acts. undertake all such proceedings and exercise all such rights and privileges in the
management of the trust estate as if the sole owner thereof, including. without limiting the generality
of the terms hereof, all duties, powers and responsibilities granted to Truslees under OIapters 137
and 738. Florida Statutes, as presently conslituled and as they may be amended from time to time.
Any contract, obligation or indebtedness incurred or entered into by the Trustee in
connection with said property shall be as Trustee of an eJCPress trust and not individually and the
Trustee shaJI have no obligation whatsoever with respect to any contract, obligation or indebtedness
except only so far as the trusl property in the actual possession of the Truslee shall be applicable for
the payment and discharge Ihereof; and it shall be expressly understood that any representations,
warranties, covenants, undertakings and agreements hereinafter made on part of the Trustee. wholly
in famt purporting to the representations, warranties, covenants, undertakings and agreements of
said Trustee, are nevertheless made and intended not as personal representations, warranties,
covenants, undertakings and agreements by the Trustee or for the purpose or with the intention of
binding said Trustee personally, but are made and intended for the purpose of binding only the trust
property specifically described herein; and that no personal liability or personal responSIbility is
assumed by nor shall at any time be asserted or enforceable against the Trustee individually on
account of any instrument executed by or on account of any representation, warranty, covenant,
undertaking or agreement of the said Trustee. either expressly or implied, aU such personal liability,
if any, being expressly waived and released and all persons and corporations whomsoever and
whatsoever shall be waived and released and aU persons and corporations whomsoever and
whatsoever shall be charged with notice of this condition from the date of the filing of record of this
Deed.
g~ot. 92 ['All 0 0 0 8
In no case shall any party dealing with said Trustee in relation to said property, or to whom
said property or any part thereof shall be conveyed, contrat:ted to be sold, leased oi mortgaged by
said Tn1stce. be obligated to see to the application of any purchase money, rent, or money bonowed
or advanced on said property, or be obligated to see that the terms of this trust have been complied
with, or be obligated to inquire into the necessity or expediency of any act of said Trustee, or be
obligated or privileged to inquire into aily of the teims of said trust agreement; and every deed. trust
deed. mortgage, lease or other instrument executed by said Trustee in relation to said property shall
be conclu1siile cvidencein. favor of.every person relying upon or claiming under any such conveyance.
lease or other instnlinent, (a) tbat at the time of delivery thereoftbe trust created by this JndcDture
and by said trust agreement wis in' fuD force and effect, (b )tbat such conveyance or olber instrument
was CXCCllted in 'accordance with the trusts, conditions and limitations contained in this Indenture
and in aid of the trust agreement or in some amen~ent thereol; and binding upon aD beneficiaries
tbCreunder, (c) that the Trustee was duly aulhorlzed Bnd empowered to execute and deliver every
sucb deed. trust deed, lease, mortgage' or otber instrument, and (d) if the conveyance is made by a
sUccessor or successors in trust, that such successor or successors .in trust have been properly
.appointed and are fully vested with all the titlCl, estate, rights, poWers. authorities, duties and
obligations of its, hiS~ o. eccssor in trust.
. The interest 0 ch. . eficiaiy mider the trust agreement hereunder and of all persons
claiming under them or ~beonly in tbe.posscssio~ earnings. avails an(l proceeds
arising from the sale or ot . . "tion of said. property. and such interest is bereby declared to
be personal property, and bereund.er shan have' any title or interest,legaJ or equitable
in or to said real estate as su n interest in lhe'possession, earnings. avails and proceeds
thereof as aforesaid_
AND the grantor he y said grantee tbat the grantor is lawfu1ly seized of said
land in fee simple; that the grantor has gbt and lawful authority to seD and convey said land;
that rhe grantor hereby fully nts 0 said land and will defend the same against the
lawful claims of aD persons wbo , a said land is free of all encumbrances, except taxes
accruing subsequent to December 31, 2001. '.
IN WITNESS WHEREOF, the said grantor has signed and se ed these presents the day aDd
year first above written.
Signed, sealed and delivered
(SEAL)
in our presence.:
Ali A osain
12556 West Pasadena Avenue
Litchfield Park, AZ 85340
FilED FOR RECORD
OX:EF.C~OBEE COUNTY" FU.
,....:;6"
Witness's name typed or printed
382S!J4
02 DEe 3\ PH 1,: 00
SHARON R08ERTSOtf
CLERK O'F CIRCUIT COURT
STATE OF ARIZONA
COUNTY OF ,1fIa e /(I{JOa...J
,
The foregoing iil5trument \Vas acknowledged before me thid~ay of December, 2002, by
~I ~ HUSAIN who ( ) is pel$Onally known t me ~ pro ced Driver's License as
JdentigB\2n. .
S'''-,74),f"
_~"Cl<<lRCHES
~..:.ArIzon.
~tnY
AUOO8T 6. 2~
@ CAM112M01 CamaUSA Appraisal System
10/25/2007 15:03 Legal Description Maintenance
Year T Property . Sel AG
2008 R 3-15-37-35-0010-00150-0190
Xfea 000
Okeechobee County
7915 Land 002
000
Bldg 000
7915 TOTAL B
HUSAIN MUZAFFAR TRUSTEE
1 CITY OF OKEECHOBEE . LOTS 19 - 22 BLOCK 15 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
~ ~
27 28
Mnt 6/06/2000 KOKOMO
F1 =Task F3=Exit F4=Prompt F10=GoTo PgUp/PgDn F24=More
~n___~V''''''''_ ,,-,vw..UJ .L .Lvy....L~] .n"ppu,u"""J. - J.V.l.GLP .L J.llJ.~U Ull lV/~JI ~UV I O;~~;l~ filVl
rag~ 1 01 1
Okeechobee County Property Appraiser
w.c. "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422
PARCEL: 3-15-37-35-0010-00150-0190 - VACANT (OOOOOO)
CITY OF OKEECHOBEE LOTS 19 - 22 BLOCK 15
Name: HUSAIN MUZAFFAR TRUSTEE LandVal
Site: 0, Okeechobee BldgVal
150 NE 13TH STREET ApprVal
Mail: OKEECHOBEE, FL 349721940 JustVal
Sales 1213012002 $0.00 V I U Assd
Info Exmpt
Taxable
$7,915.00
$0.00
$7,915.00
$7,915.00
$7.915.00
$0.00
$7,915.00
This information, Last Updated:'1012212007, was derived frOIll 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.com/GI SlPrint_Map.asp ?pjboiibchhjbnligcafccjfhojiaehdomW... 10/25/2007
10/25/2007
To
City of Okeechobee
Okeechobee , FI
To Whom it may concern:
We Allow Muhammad Nooruddin to act on our behalf to change the LAND USE
CHANGE FROM HOLDING TO CHV AND FUTURE LAND FROM SINGLE
FAMILY TO CIN on lot 19, Block 15 in city ofOkeechobee. Parcel ill 3-15-37-35-
0010-00150-0190. of~, .
If any question, please call us at 863-447-0108.
Thank you.
~r \
--~~
i C' .- ?... -"-' r
0~'" 1-I~'Ci.M;
SURAIY A SAIN M.D
, \,) 5a.
MUZAFFAR HUSAIN M.D
12138 Diedra Ct. Orlando,
Fl- 32825
~.~-t ~
NOTARY PUBLIC-S1/;TT OF fLORlDA ro!.:,c /0 1
~Shahnaz Akhtar Khan
Co~ssion # DDS3SSS9
Expires: APR. 02, 2010
Bonded Thru i\:Jantic Bonding Co., Inc.
Muhammad Nnornddin
Response to standards for considering a change in zoning (rez~ne)
1 The response rezoning is not contrary to Comprehensive Plan requirements
The requeSt for a Small Scale Comprehensive Plan Map Amendment and change m zoning
would not be inconsistent with the intent of the Future LBDd Use Element of Comprehensive
Plan. The surroundings land uses are CHV. My 4 lots west of the Subject property are zoned
CHV. These 2 lots will be part of the project that I am trying to do.
2. The proposed use being applied for is specifically authorized under the zoning
district in the Land Development Regulations.
The proposed use, CRY development is specifically provided for under CHV zoning
district. The proposed CRY's are consistent and compatible with existing CHV s
development and are not contrary to the existing CHV in the general area.
3. The proposed use will not have an adverse effect on the public interest.
I desire to construct one story professional office instead of 2 story professional
building whose site plan have been approve 1.5 yr ago. on the subject property
should not have an adverse affect on the public interest nor would it adversely
influence living conditions in the general area. The additional of .4 acres of CRY
WILL BE CONTINUATION OF THE EXISTIONG CHV zoning in an area.
THERE FORE, It will have no adverse effed on the needs of neighborhood or the
city
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.
rttj-O-cUUtHMUN) II: /l'::l
NtW HMtKIlHN 1'1
~rH^} I tlOj [OjOO I 'j
1'. UUJI UUCl
The use is appropriate for the location proposed which is located in a neighborhood that
has experienced similar development on like sized parcels. As there is an established
trend in the immediate neighborhood toward CHV development it is reasonable that this
parcel be rezoned to CHV to match the neighboring chv zoning. The addition of a small
CHV development in this area would not excessively increase traffic. My approved site
plan already suggested. This minor change of CIN WILL BE ADD ON TO MY
EXISTING PROJECT of professional.office. The MODIFY site plan review process
will ensure that impacts for the development do not adversely impact surrounding
properties with respect to drainage. Impacts of a magnitude that would require
mitigation appear unlikely for a development of the scale that is being requested in this
application.
5. The proposed use wiU not adversely affect properly values or living conditions, or
be a deterrent to the improvement or development of adjacent property.
This is a CHV are~ consisting of vacant land currently wit CRY zoning approved,
commercial and industrial uses but consisting primarily of vacant property with CHV
zoning and a holding classification and the potential likelihood ofhigber mfr residential
development ON SOUTH of subject property. The proposed zoning and subsequent
development are compatible with the area and accordingly should not adversely affect
property values in the area.
6. The proposed use can be suitably buffered from surrounding uses, so as to
reduce the impact of any nuisance or hazard to the neighborhood.
My 4 lots on immediate WEST' of the subject property already have CHV status. The
subject property is adequate area to provide for any required buffering as deemed
necessary during the modify site plan review process.
7. The proposed use will not create a density pattern that would overburden public
facilities such as schools, streets, and utility services.
The proposed change would allow for CHV development. The proposed change would
not alter the population density pattern. There would be NO/minimal impacts to public
facilities with the proposed change.
8. The proposed use will not create traffic congestion, flooding or drainage
problems, or otherwise affect public safety.
rt~-c~-cUUtl~MUN) II:dY
NUl HMtlH LHN PI
\~H^)ltlbjrbjbbl':l
t'. uua/uua
The proposed change will allow for CHV development of the site that has been
approved for professional office. I am trying to eliminate 2 story building and go one
story only. This is the reason I am buying the adjacent two lots to fit the building and
parking lot. The square footage will be more or less the same. It should not adversely
impact traffic congestion or public safety. Any specific development would undergo a
site plan review process to evaluate traffic impacts, and address the need for mitigation,
if appropriate.
9. The proposed use has Dot been inordinately burdened by unnecessary
restrictions.
No, the proposed use has not been inordinately burdened.
10. The proposed change will not constitute a grant of special privilege to an
individual owner as contrasted to the pubtic welfare..
The request for a change in zoning to eIN is within an area of the city that is
appropriate for consideration. There is adjacent and nearby CHV zoning and uses in the
area. The proposed change is consistent and compatible with surrounding uses. The
proposed change will not constitute a grant of special privilege to as individual owner
as contrasted with the public welfare.
1-' I;) JaCKSOn ~rreet, ~ulte .lUO
Fort Myers, Florida 33901-2845
Phone: 239-334-3366 Fax: 239-334-6384
Email: jim@larue-planning.com
. Staff Report
Rezoning Request
Prepared for:
Applicant:
From:
To:
Petition No.
City of Okeechobee
Muhammad Nooruddin for
Husain Muzciffar, Trustee
Holding
CHV
08-003-R
Staff Report
Rezoning Request
Applicant: Muhammad Nooruddin
Petition No.: 08-003-R
General Information
~.,,'_'. '.' ;., "" ..,,<';...;~~BI~ . _. '_,~,,"'r.>..,~;~_'.,., <..:"'<A,~~~,"E"> ','
81,.\'1!i.@:...,........,....1D:eE\;;!\\.......,"".,...",."......,...( .. . .,' ~''''F ~>$C. '.'.' .'
\(:7"""~.v~W.'(/ ~ h >>jQW"y/.<-<;<",.<>Q(:<;:~;.0 y . h~~;x:t'4W~'5!~;::-><:i<X< y" . .. 0"' :-:;:'~&?if,n:y ~
~~'1~_IBRI~~1mII~.11
;;):Z&'Amg'p1Sm~tr~'!~li~l~~~Wf,~~~T' ;;:'~~~~~~'~>:~~;tf~5::;~:>':.".t~;"~<<.1i\11!di'
If ..
Location: NE 12th Street
Legal Description: Lots 19 and 20, Block 15 OKEECHOBEE, according to the plat thereof
recorded in Plat Book 5, page 5, public records of Okeechobee County, Florida.
Request:
The Applicant requests a zoning change from h (Holding) to CHV (Heavy Commercial) for
future development of professional offices.
Staff Report
Rezoning Request
Applicant: Muhammad Nooruddln
Petition No.: Oa-003-R
Adjacent Future Land Use Map Classifications and Zoning Districts:
:t,'~rr,~[~~~..lf.^~tr~i~ ~::Eii~ti9g..~'Eiii~fm~;~i~~i~;',._:~tii:'1~1~~~f[11:~~L::; ~,.~~~.~~;.
~"'~.;; , ::>~:.i:'" '>.
General Comments:
The property is vacant. The owner of the property also owns lots 17 & 18 (0.327 acres zoned
CHV) immediately to the west and lots 21 & 22 (0.346 acres zoned Holding) immediately to the
east. It appears that the Applicant intends that this property will be developed for professional
office use in concert with the above identified parcels
Analysis:
Section 70-340 of the Land Development Regulations requires that the reviewing body tmd that
an application for rezoning meets each of the following conditions. The Applicant has submitted
responses addressing each of the following conditions in support of the request to rezone the
subject property to CHV. Staff does not disagree with the Applicant's responses and offers the
following comments
1. The proposed use is not contrary to Comprehensive Plan requirements.
The requested rezoning to CHV and proposed professional office use for the property is
consistent with the Commercial Future Land Use Category and the policies that govern this
category. The proposed use and CHV zoning appear to be consistent with the general pattern
and the limits of commercial expansion evident in the area east of US 441 northward from
NE 9th Street, and allow for development of a well-planned mix of compatible land uses in
the area.
2
Staff Report
Rezoning Request
Applicant: Muhammad Nooruddln
Petition No.: 08-003-R
2. The proposed use being applied for is specifically authorized under the zoning district in the
Land Development Regulations.
Professional offices are allowed in the CRY Zoning District. However, upon rezoning, the
Applicant will not be limited to the professional office use, but will retain the option of
developing the property in any of the uses permitted within the CHV district.
3. The proposed use will not have an adverse effect on the public interest.
As an expansion of a use having already received site plan approval, the additional land area
to be devoted to professional office use is not expected to have an adverse effect on the
public interest.
4. The use is appropriate for the location proposed, is reasonably compatible with adjacent
land uses, and is not contrary or detrimental to urbanizing land use patterns.
The immediate surrounding area is largely vacant with the nearest neighbor being a multi-
family use to the south. Professional office uses are located immediately to the west of this
multi-family use and the addition of professional offices on the subject site is also considered
compatible. Expansion of the CHV zoning in this area is consistent with the general pattern
and the limits of commercial expansion evident in the area east of US 44l northward from
NE 9th .
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.
Professional offices are considered to be compatible with multi-family and other residential
uses and should not be a deterrent to improvement or development of adjacent properties.
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
An office can be suitably buffered from surrounding uses if necessary, particularly if the
property is joined in development with adjacent properties owned by the Applicant. The
details of necessary buffering will be addressed during the site plan review stage.
3
Staff Report
Rezoning Request
Applicant: Muhammad Nooruddln
Petition No.: 08-003-R
7. The proposed use will not create a density pattern that would overburden public facilities
such as schools, streets, and utility services.
Density is not an issue and the analysis provided in the Staff Report addressed the issues of
public services and traffic and the results are not expected to 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.
The aforementioned Staff analysis has not indicated potential problems with regard to traffic.
congestion and only standard drainage improvements are expected to be necessary and are
not anticipated to create any flooding or drainage problems. Specific improvements will be
reviewed and approved during site plan review.
9. The proposed use has not been inordinately burdened by unnecessary restrictions.
The proposed use has not been inordinately burdened by unnecessary restrictions.
Recommendation:
Based on the foregoing analysis, Staff recommends approval of the Applicant's request to rezone
the property from Holding to CHV.
Submitted by:
James G. LaRue, AICP
Planning Consultant
March 12, 2008
Zoning Map of area
Property Appraiser's Aerial of site and surrounding area
1st Public Hearing, Planning Board, March 20, 2008
4
Staff Report
Rezoning Request
Applicant: Muhammad Nooruddin
Petition No.: OB-003-R
City Zoning Map - subject property
. CHV-HEAVYCOMMERCIA!...
~ CLT. L",HT CO""'EHClAL
CPO - COW,:1 PROFESSIONAl OFFICE
~. H-HOlOlNG
INO -INDUSTRIAL
PUB- PUBUC FACUTIES
PlJD-MIXED
PU[)'R
fU"", . RESlGE~TlAl t-..o1UL TI F ;'.MIL Y
SWh. ~ESIDEl\:Ttl\l r"Of>ILE H;JI','E
FiSFl - RESID8~nAl Sit-iGLE FA.MllY
FiSF; . RESIDENTIAl SJl\iGLE F,:,t.~ll y ,;.
]-:
2
5
Staff Report
Rezoning Request
Applicant: Muhammad Nooruddin
Petition No.: 08-003-R
Okeechobee County Property Appraiser's Aerial
6
-
The Okeechobee News
P.O. Box 639, Okeechobee, Florida 34973
(863) 763-3134
Published Daily
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared
Judy Kasten, who on oath says she is Publisher of the Okeechobee
News, a DAILY Newspaper published at Okeechobee, in
Okeechobee County, Florida; that the attached copy of advertise-
ment, being a
J2 l
a
C
P
ea
the post office In Okeechobee, in said Okeechobee County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that she has neither paid nor promised any person,
firm or corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for publication in
the said newspaper.
i.lb \ t N ot1c,e NOTICE OF CONSIDERATION OF
-- PROPOSED ZONING RECLASSIFICATION
NOTICE: A PUBUC HEARING will be held belore II1e Ci\'j of Okeecl1obee P1~
BoardIBoard of Adjustment and App,eals on Thursday. March 20, 2008 at &:
in the matter of ~m, or as soon thereaftef as possIble. The meeting will be held at City HeR, 5?
outheast 3rd Avenue, in the Council Chambers, Room 200, Okeechobee, Ron-
da.
J'! l~~"e )\' t. ". To.con~der a request to chafo the ZOni~ district from Holding (H) to Heavy CO/I1-
mercia! (CII'I) lor PeIiIion 0.08-003- . The pelilion is being sUbnJi\led by Mu-
C ,on'S,defclJl{)y'') hammad Nooruddin, on behalf of property OW1ler(S~ Muzaffar HusaIn, Trustee.
The property is located on Northeast 12th Street, Bloc 15,Okeechobee.
Legal: Lots 19 and 20 of Block 15, City of Okeechobee Subdivision, according to
the plat thereof recorded in Plat Book 5, Page 5, publiC records of Okeechobee
County, Ronda, and is approximately 0.405 acre(s).
in the 19th Judicial District oflhe CirCUIt Court of Okeechobee A ;y of the entire ~lication(s) and agenda are available in II1e General Services
County, Florida, was published in said newspaper in the issues ice, Rm 101 at ilY Hall or by calling Betty Clement at (863) 763-3372 x 218.
of The Planning Board will make recommendatIOns to the City Council for considera-
tion and final adoption tentatively scheduled for Tuesday, March 18, 2008.
PLEASE TAKE' NOTICE ANO BE ADVISED that II a~ person desires to appeal any
~- \W \0<6 deCisioo made by II1e Planning Board/Board of A jUstmenls and A~s with re-
spect to any matter considered at thIS meeting,. or hearing. will need to ensure a
~'5 -- verbatim record ot the proceedings Ismade, which recordmcludes the testimony
I and evidence upon which the appeal IS to be based MedIa are used for the sole
purpose of back.up lor the General Services Office
In accordance With the Americans WIth Disabilities Act (ADA) and Aurida Statute
Affiant further says that the said Okeechobee News i 286.26, perSOfls with disabilities needing special accommo<lation to participate in
this proceeding should contact 8etty Clement, no iater than two (2) wor1Ung days
newspaper published at Okeechobee, in said Okeechobee prior to the proceeding at 863-763-3372 x 218; rt you are heanng or vOice Im-
ounty, Florida, and that said newspaper has heretofore been paired, call IDD 1-800-222-3448 (voice) or 1-888-447-5620 (flY).
ublished continuously in said Okeechobee County, Florida BY: Brian Whttehall, Zoning Administrator
Petition No. 08-003-R
ch week and has been entered as second class mail matter at 2640700N3i5,14108
,/
i'rIrRY"(l6(. Janetta Thibouit
.; : Commission # 00505311
.,.~ o<f' ExpIres January 10, 2010
Of: F\.' 8or1aeo Troy ~aln inSUranCE Jnc 900-385-7019
\;~. 4l Oi~:l'/(.j
jJ I~ '1. LtC: