1035 Amending Zoning Map
ORDINANCE NO. 1035
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING
THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A
CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED
HEREIN, FROM RESIDENTIAL MULTIPLE FAMILY(RMF) AND HOLDING
(H) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING
DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING
FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance
Number: 402 in which a revised Official Zoning Map was adopted for said City; and
WHEREAS, David and Anita Nunez, property owner(s), of the property more particularly
described hereafter, has heretofore filed Petition No. 08-010-R, pursuant to the
Land Development Regulations of the City of Okeechobee for the purpose of
rezoning a certain tract of land consisting of 1.74 acre(s) from Residential Multiple
Family (RMF) and Holding (H) Zoning District to Heavy Commercial (CHV) Zoning
District and that this request be removed from the boundaries of the above
mentioned zone to allow for the processing of the rezoning petition; and
WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly
advertised meeting held on November 12, 2008, and submitted by staff report,
which determined such petition(s) to be consistent with the Comprehensive Plan
and is appropriate with the zoning uses within the City; and
WHEREAS, the City Council has agreed with the recommendation of the Planning Board
and hereby finds such rezoning consistent with the City's Comprehensive Plan and
deems it in the best interest of the inhabitants of said City to amend aforesaid
revised Zoning Map as hereinafter set forth;
NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City; that:
SECTION 1. LEGAL DESCRIPTION.
The following described land, located in the City of Okeechobee, to-wit:
PARCEL ONE: COMMENCING AT THE POINT OF INTERSECTION OF THE
NORTHERLY EXTENSION OF THE EAST LINE OF BLOCK 147 AND THE SOUTHEAST
CORNER OF LOT 12 IN BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF
OKEECHOBEE COUNTY, FLORIDA, AND RUN SOUTHWESTERLY ALONG SAID
NORTHERN EXTENSION OF THE EAST LINE OF SAID BLOCK 147, TO THE
INTERSECTION WITH THE CENTER LINE OF NORTHEAST 3RD STREET, (FORMERLY
NINTH STREET), ALSO BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND
AS DESCRIBED IN O.R. BOOK 405, PAGE 664, PUBLIC RECORDS OF OKEECHOBEE
COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE CONTINUE
SOUTHWESTERLY ALONG SAID EXTENDED LINE TO THE NORTHEAST CORNER OF
LOT 1 IN SAID BLOCK 147; THENCE CONTINUE SOUTHWESTERLY ALONG THE
EAST LINE OF SAID LOT 1 AND THE SOUTHERLY EXTENSION THEREOF, TO THE
NORTHEAST CORNER OF LOT 9 IN SAID BLOCK 147; THENCE RUN EAST ALONG
THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 9, TO THE
WESTERN SHORELINE OF TAYLOR CREEK; THENCE RUN NORTHEASTERLY,
ALONG SAID WESTERN SHORELINE, TO THE INTERSECTION WITH THE EASTERLY
EXTENSION OF THE AFORESAID CENTERLINE OF NORTHEAST3RD STREET, ALSO
Ordinance No. 1035 - Page 1 of 2
BEING THE SOUTHEAST CORNER OF SAID LAND DESCRIBED IN O.R. BOOK
405, PAGE 664; THENCE RUN WEST ALONG SAID EXTENDED CENTERLINE
AND ALSO ALONG THE SOUTH BOUNDARY LINE OF SAID PARCEL OF LAND
TO THE POINT OF BEGINNING; AND PARCEL TWO: LOTS 6 THROUGH 9 OF
BLOCK 147, CITY OF OKEECHOBEE SUBDIVISION, ACCORDING TO THE
PLATTHEREOF RECORDED IN PLAT BOOK5, PAGE 5, PUBLIC RECORDS OF
OKEECHOBEE COUNTY, FLORIDA; AND PARCEL THREE: BEGINNING AT
THE NORTHEAST CORNER OF LOT 9 OF BLOCK 147, CITY OF
OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA,
AND RUN SOUTHWESTERLY ALONG THE EAST LINE OF SAID LOT 9 TO THE
SOUTHEAST CORNER OF SAID BLOCK 147; THENCE RUN SOUTHWESTERLY
TO THE NORTHEAST CORNER OF FRACTIONAL BLOCK 148 OF SAID PLAT
OF OKEECHOBEE; THENCE RUN EAST, ALONG THE EASTERLY EXTENSION
OF THE NORTH LINE OF SAID BLOCK 148, TO THE WESTERN SHORELINE
OF TAYLOR CREEK; THENCE RUN NORTHEASTERLY ALONG SAID
WESTERN SHORELINE, TO THE INTERSECTION WITH THE EASTERLY
EXTENSION OFTHE NORTH LINE OFAFORESAID LOT9; THENCE RUN WEST
ALONG THE EXTENDED NORTH LINE OF SAID LOT 9, TO THE POINT OF
BEGINNING.
SECTION 2. ZONING MAP AMENDMENT.
That the aforesaid Revised Zoning Map of the City of Okeechobee be amended
to reflect the subject property zoning classification to be changed from
Residential Multiple Family (RMF) and Holding (H) Zoning District to Heavy
Commercial (CHV) Zoning District.
SECTION 3. CONFLICT.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY.
If any provision or portion of this ordinance is declared by any court of competent
jurisdiction to be void, unconstitutional, or unenforceable, then all remaining
provisions and portions of this ordinance shall remain in full force and effect.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for first reading and set for final public,h ring on this 18th day of
November, 2008.
James E. Kirk, Mayor
ATT ST`
L . ne' Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Fina)- ubli Hearing this 2"d day of
December, 2008.
James E. Kirk, Mayor
A TTT.
Lane Gamiotea, CMC, City Clerk
REV W D FOR LEGAL UFFICIENCY:
John'R. Cook, City Attorney
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