07-003-SE Lujan
City of Okeechobee
General Services Department
55 S.E. 3rd Avenne, Room 101
Okeechobee, Florida 34974-2903
Phone: (863) 763-3372, ext. 218
Fax: (863) 763-1686
Date: ~
Petition No,
V Name of property owner(s):
Fee Paid:
Jurisdiction:
2nd Hearing:
-
Publication Dates:
Notices Mailed:
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Owner mailing address:
Name of applicant(s) if other than owner (state relationship):
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Applicant mailing address:
Fax:
Contact person daytime phone(s):
V Property address I directions to property:
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Indicate current use of property:
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Describe improvements on property, including number/type of dwellings and whether occupied (if none. so stale)
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Approximate number or acres: 0.488 AC... Is property in a platted subdivision') <..S
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Is there a l"UITl'n: PI ""lull Ihe of lhe ['Wreny that is\\ils a \ Ildatlr,n .>1 ('"IIllY lll'dinance') IfsD, describe:
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Have there been any land use applications concerning all or part of this property in the last year? If so, indicine date,
nature and applicant's name: f.)
Is a sale subject to this application being granted? IV
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: C-o'fo,',
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Existing zoning:
West:
South:c:~. O;{\/\J~
East:
Actions Requested:
(_) Rezone
Future Land Use classification: j.4^f f..:.
(J() Special Exception (~ Variance
Parcel Identification Number:
V Confirmation of Information Accuracy
I hereby certify that the infonnation in this application is correct. The infomlation included in this application is for use by
the City ofOkeechobee in processing my request. False or misleading infonnation 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 ofthis application,
~1J~ I U/y.j f> J-v~_~___~ ~ ~ , 5-02~~__
Signature Printed 'Name Date
Uniform Land Use Application (rev 1/03)
Page I of 2
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t zoning classification:
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Requested zoning classification: C IJ. LJ \
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Variance'?
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Describe the Special Exception sought: r-\- ft.l5 G,ML w..'\-Sl1 .fI.j1-\J rz ~ 11/\
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C Provide specific LDR ordinance citation:
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Are there other similar uses in the area? Is so, describe: ~ \...l ,^--S:. L.- ~ \f'Jo- (A-1oL ~ n
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E Why would granting your request be in the best interest of the area and residents?
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0 I If hU'lnes'" blil':h de'Lllbe nature inLluding nUlllhu l1l l'nq1Io\ce" hours, noise generation and actl\ Illl':' ll> bl'
i\ ll'ndul"Icd l\Ui"llk ,>1;( huilding'
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Page 2 of 2
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Documentary S1amps paid in the amount of
$ ',() <is. 00
Class C Intangible Tax paid in the amount
of $ _0-
Sharon Robertson, Cter1< of Circuit Court
Okeechobee 3r~' FI~
By, ~/.' ~ ' D.C.
Date: /-/tP-.;l /
Parcel ID Number: 3 - 2 1 - 3 7 - 3 5 - 0 0 4 0 - 0 0 0 6 0 - 0 0 3 0
Grantee #1 TIN: 590-76-5354
Grantee #2 TIN: 594 - 71- 6 955
Warranty Deed
This Indenture, Made this 9th day of January, 2001 A,D, , <Between
RIO RANCHO CORPORATION, a corporation existing under the laws of
the state of Florida
of the County of Okeechobee
IVAN LUJJl..N and ZORAIDA LUJAN,
S:ilIC of Florida
his \-Jife,
, grantor, and
whoseaddressis:10820 NW 160th Street, Okeechobee, Florida 34972
of the County of Okeechobee Stale of Florida , grantees.
Witnesseth that the GRANTOR, for and in consideration of the sum of - - - - - - - - - - - - - -
- - - - - - - - - TEN & NO /100 ($10 . 00) - - - - - - - - - - DOLLARS,
and other good and valuable consideration to GRANTOR in hand paid by GRANTEES, the receipt whereof is hereby acknowledged, has
granted. bargained and sold to the said GRANTEES and GRANTEES' heirs and assigns forever, the following described land, situate,
lying and being in the County of Okeechobee State of Florida to wit:
Lots 3, 4 and 5, BlOck 6, SOUTH OKEECHOBEE, according to the
plat thereof recorded in Plat Book 5, Page 7, public records of
Okeechobee County, Florida.
SUBJECT to restrictions, reservations and easements of record,
if any, which are not reimposed hereby, and taxes subsequent to
December 31st, 2000.
346159
LED FOR ~ECORD
F\ .... m::C COUNTY, H
Oli'. EECHOu\;..r.
ZUfii J~N \ G ~~ ro~ 39
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and the grantor does hereby fully warrant the title to said land. and will defend the same against lawful claims of all persons whomsoever.
In Witness Whereof, hereunto set his hand se the day and year first above written,
Signed, sealed and delivered in CHO CORPORATION
EVA MAE CONELY
W~ -/
TO~I
wi
The foregoing instrument was acknowledged before me this
JENARO CALLE, President of RIO
9 t h day of
Rfu~CHO CORPORATION,
aFlorida
dr i ve r' s 1 i c ens as identification.
RO CALLE, president
Address 8420 N,W, 160th Street,
R
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STATE OF FLORIDA
COUNTY OF OKEECHOBEE
on behalf of the corporation, He has produced his Fl or i da
This Document Prepared By:
T TOM W. CONELY, ill
o CONELY & CONELY, P.A.
POST OFFICE DRAWER 1367
~OKEECHOBEE, FL 34973-1367
EVA MAE CONELY
MY COMMISSION # CC 980503
EXPIRES: December 12, 2004
Bonded Thru Nolary PubliC Undo","IO'"
EVA MAE CONELY
NOTARY PUBLIC
My Commission Expires: 12/12/04
~6~i sq~y ~ .~~'~iC';'.~;~~I~nFi~ \J6~i
Okeechobee County Property Appraiser - Map Printed on 3/13/2007 1 :51: 18 PM
Page 1 of 1
Okeechobee County Property Appraiser
w.c "Bill" Sherman, CFA - Okeechobee. Florida - 863-763-4422
PARCEL: 3-21-37-35-0040-00060-0030 - REPAIR SER (002500)
SOUTH OKEECHOBEE LOTS 3 4 5 BLOCK 6
Name: LUJAN IVAN & ZORAIDA LandVal
Site: 906 S PARROTT AVE, Okeechobee BldgVal
, 10820 NW 160TH STREET ApprVal
Mall: OKEECHOBEE, FL 349720000 JustVal
Sales 1/9/2001 $155,000,001/ Q Assd
Info 4/1/1990 $0,00 II U Exmpt
5/1/1979 $40,000,001/ Q Taxable
$156,600,00
$29,880,00
$207,302,00
$207,302,00
$207,302.00
$0,00
$207,302.00
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This information, Last Updated: 3/12/2007, 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/GIS/Print Map.asp?pjboiibchhjbnligcafccjfhojiaehdomhlo... 3/13/2007
F. ELGIN BAYLESS, JR. RM
JO BOX 1804 SEBRING. FLORIDA 33871
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MEMBER, ApPRAISAL JNSTITUTE
CERT t;: 1 540
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BOUNDARY SURVEY LOCATED IN
21, TOWNSHIP 37 SOUTH, RANGE
TALLAHASSEE MERIDIAN
OKEECHOBEE COUNTY, FLORIDA
35 EAST
.2ECTIUi-J
DESCRIPTION
Lots 3, 4 and 5, Block 6, SOUTH OKEECHOBEE,
according to the plat thereof recorded in Plat
Book 5, Page 7, Public Records of Okeechobee
County, Florida,
SURVEYORS NOTES
Subject to easements and restrictions of record,
Lands described hereon not abstracted by this office,
Underground utilities and foundations are not shown,
The description shown hereon was provided by the
client and/or his/her agent.
Not valid without the signature and the original raised
seal of a Florida licensed surveyor and mapper,
The surveyor did not interview adjoining land owners
for unrecorded deeds or easements,
:ievotions, if any, are based uD::Jn assumed datum,
Lands shown hereon are in Flood Zone C, as scaled from
FEMA FIRM panel no, 120177 0200B, dated 2-4-81,
Address: 906 SOUTH P ARROTT AVENUE, OKEECHOBEE, FL
o " Lf ~ C;S U G-U/l..-
SURVEYORS CERTIFICATE
I hereby certify that the attached sketch of survey
of the hereon described property is true and correct
to the best of my knowledge and belief as surveyed
in the field under my direct supervision, Subject to
the qualifications noted hereon,
~
(]~D
LOT 12
CORNER OF CURB
2,3'S,O,2'W
LOT 12
CORNER OF CONCRETE
AND ASPHALT O,1'W
LOT 12
CORNER OF CONCRETE
AND ASPHALT O.3'w
LOT 12
CORNER OF ASPHALT
5,B'N,O,5'W
CERTIFIED TO ONLY THE FOLLOWING PARTIES:
IVAN AND ZORAIDA LUJAN
RIVERSIDE NATIONAL BANK OF FLORIDA,
ITS SUCCESSORS AND/OR ASSIGNS
CONELY AND CONELY, PA
CHICAGO TITLE INSURANCE COMPANY
mes R, Almond, PSM
Professional Surveyor-Mapper
Florida Registration No. LS5081
JAMES R. ALMOND PSM
PROFESSIONAL LAND SURVEYOR - MAPPER - CbNSUL T ANT
2973 SW 3RD TERRACE
OKEECHOBEE, FLORIDA 34974-2684
TEL: (863) 467-5700 FAX: (863) 467-6121
EMAIL: almond@okeechobee.com
FLDBK/PAGE REVISIONS
81/61
~
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LOT 12
SCALE:
1" = 30'
SURVEY DATE: DECEMBER 12, 2000
PROJECT No,
1581
SHEET' OF
MAP OF BOUNDARY SURVEY
THIS BAR IS INTENDED TO MEASURE 1 INCH LONG
AT THE SCALE SHOWN, IF BAR MEASURES DIFFERENTLY
ENLARGE OR REDUCE ACCORDINGLY.
1 INCH
BL.OCK 6
SOUTH OKEECHOBEE
PB 5, PC 7
OKEECHOBEE COUNTY
FLORIDA
FD 5/8" IR
NO ID NUMBER
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SET CHISELED "X. CUT
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Petition No. ()1-003-'~
Affidavit Attesting to the Completeness and Accuracy
of the List of Surrounding Property Owners
I hereby certify under the penalty of law or the revocation of the requested approval sought
that to the best of my knowledge and belief, the attached list constitutes the complete and
accurate list of the property owners, addresses, and parcel identification numbers of all
parcels and tracts within three hundred (300) feet not including intervening streets, alleys,
or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but
held under the same ownership as, the lands subject to the application for a change in land
use or zoning, said list constituting a portion of that application, This affidavit is made
based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County
as of <-J11 ~G /(0 , ;).001 and the assertions made to me by
members of that Office that the information reviewed constitutes the most recent
information available to that office. I therefore attest to this 1(1:; <d day of
~11~ ~o01
/
~~
Signature of Applicant
JUAN .S) ~~~
Name of Applicant (printed or typed)
.3- j 6" O-=Y
Date
State of Florida
County of Okeechobee
Sworn to and subscribed before me this I b day of
Personally known to me or produced
identification and did not take an oath.
Ii &-K...cH , d-oo ~
~~~ as
Seal:
l;,:;;.tfi:;';~~ BETTY J, CLEMENT
~*(J:i.\*E MY COMMISSION # DO 393559
1i'~1;;'~Y EXPIRES: February 7,2009
~Rfn~"" Bonded Thru Notary Pubfic Underwriters
Okeechobee County Property f -')raiser - Map Printed on 3/13/2007 1:5") "'7 PM
Page 1 of 1
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PARCEL: 3-21-37-35-0040-00060-0030 - REPAIR SER (002500)
SOUTH OKEECHOBEE LOTS 3 4 5 BLOCK 6
Name: LUJAN IVAN & ZORAIDA LandVal
Site: 906 S PARROTT AVE, Okeechobee BldgVal
10820 NW 160TH STREET ApprVal
Mail: OKEECHOBEE, FL 349720000 JustVal
Sales 1/9/2001 $155,000,001/ Q Assd
Info 4/1/1990 $0,001/ U Exmpt
5/1/1979 $40,000,001/ Q Taxable
\\+.
$156,600,00
$29,880,00
$207,302,00
$207,302,00
$207,302,00
$0,00
$207,302,00
This information, Last Updated: 3/12/2007, 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 IS/Print Map.asp?piboiibchhibnligcafcc.i thoi iaehdomhlo... 3/13/2007
1375 Jackson Street Suite 206
Fort Myers, Florida 33901-2845
Phone: 239-334-3366 Fax: 239-334-6384
Email: info~larue-planning.com
LaRue Planning &
Mana ement Services, Inc.
Staff Report - Special
Exception Request
Prepared for: The City of Okeechobee
Applicant: Ivan and Zoraida Lujan
Petition No.: 07-003-SE
Staff Report
Special Exception Request
Applicant's Name: Ivan and Zoraida Lujan
Petition No. 07-003-SE
General Information:
Owner:
Contact Person
Owner Address:
Ivan and Zoraida Lujan
Ivan Lujan
3761 NW 160th Street
Okeechobee, FL 34972
863-634-0512, Fax: 863-357-6564
Owner Phone Number:
legal Description of Subject Property:
Location of Property: 906 S. Parrott Avenue
Lots 3, 4 and 5, Block 6, South Okeechobee, according to the plat thereof recorded in Plat
Book 5, Page 7, public records ofOkeechobee County, Florida.
Subject to restrictions, reservations and easements of record, if any, which are not
reimposed hereby, and taxes subsequent to December 315\ 2000.
Item before the Board of Adjustment:
The matter for consideration by the City of Okeechobee Board of Adjustment is an
application requesting a Special Exception in the Heavy Commercial Zoning District for
property located at 906 South Parrott Avenue, Okeechobee, FL.
Background:
The subject property is approximately 0.488 acre(s) fronting on US 441 which is subject to
this Special Use Exception petition. The applicant purchased the property 10 years ago and
it has been used as a car wash for approximately 19 years. Now, the applicant intends to
sell the property, but upon researching the land discovered that the previous owner did not
apply for a special exception to operate the car wash when it was initially constructed. The
dwelling has public utilities and the adjoining property users are as follows:
North:
East:
South:
West:
Commercial
Commercial
Commercial
Commercial
Consistenc with land Development Re ulations:
When reaching a conclusion on a Special Exception, the Board of Adjustment shall
consider and show in its record the following findings:
A. The use is not contrary to the Comprehensive Plan requirements.
No, the use is not contrary to the Comprehensive Plan requirements. As stated
earlier, the property has been used as a car wash for the past 19 years. But, the
applicant discovered that the previous owner had never applied for a special
Page -1-
Staff Report
Special Exception Request
Applicant's Name: Ivan and Zoraida Lujan
Petition No. 07-003-SE
exception for the property. As such, to make the property compliant with the City's
Land Development Regulations the applicant submitted this request.
B. The use is spec(fically authorized as a special exception use in the zoning district.
The subject property is within the CHV Zoning District and a car wash is allowed
by special exception under Section 90-283(2).
C. The use will not have an adverse effect on the public interest.
Because this is an existing use that will be continued, it will not have an adverse
effect on the public interest.
D. The use is appropriate for the proposed location, is reasonably compatible with
adjacent uses and is not detrimental to urbanizing land use patterns.
Yes, this use is appropriate for the location and is compatible with the surrounding
uses. The car wash is not detrimental to urbanizing land use patterns.
E. The use will not adversely affect property values or living conditions, nor be a
deterrent to the development of adjacent property.
The use will not adversely affect property values or living conditions, nor be a
deterrent to the development of adjacent property.
F. The use may be required to be screenedfrom surrounding uses to reduce the impact
of any nuisance or hazard to adjacent uses.
Because the property is already being used as a car wash, it may not be necessary to
require the screening. However, if the landscaping is not sufficient for the use it
may be required to be property landscaped and designed to avoid negative traffic
impacts and unsightliness.
G. The use will not create a density pattern that will overburden public facilities such
as schools, streets, and utility services.
Density is not an issue in this case.
H. The use will not create traffic congestion, flooding or drainage problems, or
otherwise affect public safety.
Traffic should not pose a problem and it is reasonable to assume that flooding or
drainage concerns were handled during the site plan review phase for this site.
Page -2-
Staff Report
Special Exception Request
Applicant's Name: Ivan and Zoraida Lujan
Petition No. 07-003-SE
Recommendation:
Move that Petition No.07-003-SE be approved based on the findings contained in the
Planning Consultant's report dated April 11, 2007.
Submitted by:
James G. LaRue, AICP
Planning Consultant
April 11, 2007
Page -3-
AGENDA
QUASI-JUDICIAL
E.
Consider Special Exception No. 07 -003-SE to allow a car wash within a
Heavy Commercial (CHV) Zoning District (ref. LDR's Sec. 90-283(2))
submitted by property owners Ivan and Zoraida Lujan. The subject
property is located at 906 South Parrott Avenue. Legal description:
Lots 3 through 5 of Block 6, South Okeechobee Subdivision - Planning
Consultant.
/I
APRIL 19, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS - PAGE 11 OF 15
ACTION - DISCUSSION - VOTE I
Special Exception No. 07-003-SE to allow a car wash within a Heavy Commercial (CHV) Zoning District (ref. LDR's Sec. 90-
283(2)) was submitted by property owners, Ivan and Zoraida Lujan. The subject property is located at 906 South Parrott
Avenue. Legal description: Lots 3 through 5 of Block 6, South Okeechobee Subdivision.
Mr. Brisson presented the findings for the LaRue Planing Staff Report: When reaching a conclusion on a Special Exception,
the Board of Adjustment shall consider and show in its record the following findings: A. The use is not contrary to the
Comprehensive Plan requirements. No, the use is not contrary to the Comprehensive Plan requirements. As stated earlier,
the property has been used as a car wash for the past 19 years. But, the applicant discovered that the previous owner had
never applied for a special exception for the property. As such, to make the property compliant with the City's Land
Development Regulations the applicant submitted this request. B. The use is specifically authorized as a special exception
use in the zoning district. The subject property is within the CHV Zoning District and a car wash is allowed by special
exception under Section 90-283(2). C. The use will not have an adverse effect on the public interest.. Because this is an
existing use that will be continued, it will not have an adverse effect on the public interest. D. The use is appropriate for the
proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. Yes,
this use is appropriate for the location and is compatible with the surrounding uses. The car wash is not detrimental to
urbanizing land use patterns. E. The use will not adversely affect property values or living conditions, nor be a deterrent
to the development of adjacent property. The use will not adversely affect property values or living conditions, nor be a
deterrent to the development of adjacent property. F. The use may be required to be screened from surrounding uses to
reduce the impact of any nuisance or hazard to adjacent uses. Because the property is already being used as a car wash,
it may not be necessary to require the screening. However, the landscaping is not sufficient for the use it may be required
to be property landscaped and designed to avoid negative traffic impacts and unsightliness. G. The use will not create a
density pattern that will overburden public facilities such as schools, streets, and utility services. Density is not an issue in
this case. H. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety.
Traffic should not pose a problem and it is reasonable to assume that flooding or drainage concerns were handled during
the site plan review phase for this site.
Recommendation: LaRue Planning Staff move that Petition No.07-003-SE be approved based on the findings contained
in the Planning Consultant's report dated April 11 , 2007.
Chair Ledferd asked whether anyone was present representing the applicant? Ms. Gail Brown addressed the Board,
explained that the applicant was seeking a Special Exception due to the sale of the property.
AGENDA
QUASI-JUDICIAL
E.
Consider Special Exception No. 07 -003-SE continued.
CLOSE PUBLIC HEARING
VI. NEW BUSINESS.
A.
Consider and discuss requests for amendments to the City's Land
Development Regulations - Chairperson.
B.
Consider and discuss proposed Planned Unit Development (PUD)
regulations (ref. Code Book Sec. 90-401) - Planning Consultant
II
APRIL 19, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND ApPEALS - PAGE 12 OF 15
ACTlON-.DISeUSSIQN-.VOTE I
Chair Ledferd then inquired whether the Board or the public had any questions? There were none.
Board Member Johns moved to approve Special Exception Petition No. 07-003-SE to allow a car wash within a Heavy
Commercial (CHV) Zoning District (ref. LDR's Sec. 90-283(2)) submitted by property owners Ivan and Zoraida Lujant for
property located at 906 South Parrott Avenue with the condition the landscaping be improved; seconded by Board Member
O'Connor.
LEDFERD-YEA
BURROUGHS-YEA
O'CONNOR - YEA
VOTE
KELLER - ABSENT
JUAREZ - NON-VOTING
MCCOY -YEA
MAXWELL - YEA
HOOVER-YEA
JOHNS-YEA
MOTION CARRIED.
CHAIRPERSON LEDFERD CLOSED THE PUBLIC HEARING AT 7:13 P.M.
Chair Ledferd asked whether anyone had any new requests for amendments to the LDR's? There were none.
Mr. Brisson presented new points for the memorandum that was distributed at the April 3, 2007 workshop regarding changes
to the Planned Unit Development (PUD) regulations. He went on to say that his goal tonight was to listen to what the
Planning Board would like to add to the PUD regulations. First he reviewed each pOint and referenced them by page and
item number. The changes to the ordinance as prepared are as follows: Page one, Sec. 90-401 (b) Mixed-use PUD, shall
be permitted only on land designated as mixed-use residential in the comprehensive plan. (c) Should read: A conceptual
site plan of the proposed development shall be submitted and approved prior to a change to the mixed-use PUD zoning
district. Adding (d) in addition to the requirements and limitations of these sections, 90- 401 through 90- 406 a mixed-use
PUD shall comply with all limitations and standards set forth in policy 2.1 of the Future Land Use Element of the
Comprehensive Plan.
This is a temporary situation for the mixed-use PUD zoning. Initially the Planning Staff was only trying to prepare a PUD for
the residential, but while doing so the two should be separated. Vice Chair Hoover inquired as to what the ordinance was
referencing?