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1065 #10-003-SSA• ORDINANCE NO. 1065 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY TO COMMERCIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 10- 003 -SSA), submitted by Jennifer Williamson, on behalf of property owner, Lifestyles and Healthcare LTD, for a small -scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Planning Board, acting as the Local Planning Agency, at a duly advertised meeting held on August 19, 2010, which determined such applicant to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Planning Board that the proposed application complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for 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: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately 4.319 acre(s) is hereby re- designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: Ordinance No.1065 - Page 1 of 3 a. Application No. 10- 003 -SSA, from Single Family to Commercial. The Legal Description of Subject Property is as follows: A PARCEL OF LAND LYING IN SECTIONS 9 AND 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID SECTION 9, BEAR SOUTH 89 DEGREES 52 FEET 43 INCHES WEST ALONG THE SOUTH LINE OF SAID SECTION 9, A DISTANCE OF 132.00 FEET; THENCE BEAR NORTH 00 DEGREES 00 FEET 07 INCHES WEST A DISTANCE OF 325.39 FEET; THENCE BEAR NORTH 89 DEGREES 59 FEET 53 INCHES EAST TO THE INTERSECTION WITH AFORESAID EAST LINE OF SECTION 9, A DISTANCE OF 132.01 FEET; THENCE CONTINUE NORTH 89 DEGREES 59 FEET 53 INCHES EAST A DISTANCE OF 448.33 FEET; THENCE BEAR SOUTH 00 DEGREES 00 FEET 07 INCHES EAST TO THE INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 10 A DISTANCE OF 321.60 FEET; THENCE BEAR SOUTH 89 DEGREES 32 FEET 54 INCHES WEST ALONG SAID SOUTH LINE OF SECTION 10 A DISTANCE OF 448.36 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 10, ALSO BEING THE SOUTHEAST CORNER OF SAID SECTION 9 AND THE POINT OF BEGINNING. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended March 3, 2009 ", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 1065 shall be thirty -one (31) days after the adoption of this ordinance. INTRODUCED for first reading and set for final public ring on this 14TH day of September, 2010. ATT ST: A.MY' 1 ane amiotea, MC, City Clerk Ordinance No.1065 - Page 2 of 3 James E. Kirk, Mayor • ADOPTED after first reading on the 14th day of September, 2 • ATT ST: tatioi_Anec,_ Lan Gamiotea, C C, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: /s /John R. Cook John R. Cook, City Attorney Ordinance No.1065 - Page 3 of 3 James E. Kirk, Mayor City of Okeechobee Office of the City Clerk September 15, 2010 Mr. Jim LaRue LaRue Planning and Management Services, Inc. Tidewater Building 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 Dear Mr. LaRue: Enclosed herewith please find a certified copy of the following (in order for you to forward to the Department of Community Affairs): Ordinance No. 1065 adopting Small Scale Amendment Application No. 10- 003 -SSA, the August 19, 2010, Planning Board/Board of Adjustment and Appeals minutes and the proof of publications. Also included is a copy of each of the above documents for your records. As soon as the September 14, 2010, City Council minutes are completed a copy will be forwarded to you. With best regards, I am Sincerely, Y1Ccu_ Lane Gamiotea, CMC City Clerk Enclosures LG /j d cc via e -mail w /enclosures: Jennifer Williamson 55 S :E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST THOMAS G. PELHAM Governor Secretary October 4, 2010 Mr. James G. LaRue, AICP Planning & Zoning Official LaRue Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Dear Mr. LaRue: Thank you for submitting copies of the City of Okeechobee Small Scale Development Plan Amendment, adopted by Ordinance No(s) 1065 on September 14, 2010, for our records. The reference number for this amendment package is 10S03. The Department will not conduct a compliance review or issue a Notice of Intent regarding the adopted small scale development plan amendment in accordance with procedures contained in Section 163.3187(3)(a), Florida Statutes. If you have any questions, please contact Terri Stoutamire at (850) 922 -1804. Sincerely, D. Ray Eubanks Plan Review & Processing Administrator DRE /ts cc: Patricia M. Steed, AICP, Executive Director Central Florida Regional Planning Council 2555 SHUMARD OAK BOULEVARD ♦ TALLAHASSEE, FL 32399 -2100 850- 488 -8466 (p) • 850- 921 -0781 (f) • Website: www.dca,state fl.us • COMMUNITY PLANNING 850 - 488-2358 (p) 850- 488.3309 (f) • FLORIDA COMMUNITIES TRUST 850- 922 -2207 (p) 850- 921 -1747 (f) • • HOUSING AND COMMUNITY DEVELOPMENT 850-488 -7956 (p) 850 - 922-5823 (f) • City of Okeechobee General Services Department 55 S.E. 3'1 Avenue, Room 101 Okeechobee, Florida 39974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: ? / I 10 Petition No. C'u — 0 S '1(p Fee Paid: Iv i . Jurisdiction: F - L 15t Hearing: R )' 9 f /0 / 2nd Hearing: al ) I i 0 0 Publication Dates: I Notices Mailed: APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT To BE COMPLETED BY CITY STAFF: Verified FLUM Designation: Verified Zoning Designation: Plan Amendment Type: ❑ Large Scale (LSA) involving over 10 acres or text amendment kXJ Small Scale (SSA) 10 acres or less ❑ Small Scale (SSA) More than 10 but less than 20 acres if the proposed amendment will have a positive effect in addressing the problems of low per capita incomes, low average wages, high unemployment, instability of employment, and/or other indices of economically distressed communities. APPLICANT PLEASE NOTE: Answer all questions completely and accurately. Please print or type responses. If additional space is needed, number and attach additional sheets. The total number of sheets in your application is: Submit 1 (one) copy of the complete application and amendment support documentation, including maps, to the General Services Department. Fifteen (15) copies of any documents over 11 X 17 are required to be submitted by the applicant. I, the undersigned owner or authorized representative, hereby submit this application and the attached amendment support documentation. The information and documents provided are complete and accurate to the best of my knowledge. Date ai . tore of Owner or Authorized Representative* *Attach Notarized Letter of Owner's Authorization For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 1 of 7 Applicaton for Comprehensive Plan Amendment (6/09) I. APPLICANT /AGENT /OWNER INFORMATION City of Okeechobee Applicant Address City State Zip Telephone Number Fax Number E -Mail Betty J. Clement, General Services Coordinator Agent* Address City State Zip Telephone Number Fax Number E -Mail Lifestyles & Healthcare, LTD Owner(s) of Record 55 SE Third Avenue Address Okeechobee FL City State Zip Telephone Number Fax Number E -Mail Name, address and qualification of additional planners, architects, engineers, environmental consultants, and other professionals providing information contained in this application. *This will be the person contacted for all business relative to the application. For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 2 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 11. REQUESTED CHANGE (Please see Section V. Fee Schedule) A. TYPE: (Check appropriate type) ❑ Text Amendment X Future Land Use Map (FLUM) Amendment B. SUMMARY OF REQUEST (Brief explanation): Change from Single- Family to Commercial to ensure consistency among the Future and Use Map, Zoning and current and future use of the property. 111. PROPERTY SIZE AND LOCATION OF AFFECTED PROPERTY (for amendments affecting development potential of property) A. PROPERTY LOCATION: 1. Site Address: 55 SE Third Avenue 2. Property ID #(s): 2- 09- 37- 35 -0A00- 00010 -0000 B. PROPERTY INFORMATION (Note: Property area should be to the nearest tenth of an acre. For properties of less than one acre, area should be in square feet.) 1. Total Area of Property: 4.319 acres 2. Total Area included in Request: 4.319 acres a. In each Future Land Use (FLU) Category: Single- Family (1) 4.319 acres (2) (3) (4) b. Total Uplands: 4.319 acres c. Total Wetlands: 0 For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 3 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 3. Current Zoning: CPO 4. Current FLU Category: Single - Family 5. Existing Land Use: Nursing Home 6. Requested FLU Category: Commercial D. MAXIMUM DEVELOPMENT POTENTIAL OF THE SUBJECT PROPERTY Development Type Existing FLU Category Single - Family Proposed FLU Category Commercial Residential Density (DU /Acre) 5 du/ac 0 Number of Units 22 173 -bed nursing home Commercial (sq. ft.) 0 564,406 sf @FAR of 3.00 Industrial (sq. ft.) NA NA IV. AMENDMENT SUPPORT DOCUMENTATION At a minimum, the application shall include the following support data and analysis. These items are based on the submittal requirements of the State of Florida, Department of Community Affairs for a comprehensive plan amendment, and policies contained in the City of Okeechobee Comprehensive Plan. Staff will evaluate this request based on the support documentation provided by the applicant. A. GENERAL INFORMATION AND MAPS Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large maps are submitted, the Applicant may be required to provide 8.5" x 11" maps for inclusion in public hearing packets. 1. Wording of any proposed text changes. 2. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. 3. A map showing existing land uses (not designations) of the subject property and surrounding properties. 4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. 5. Map showing existing zoning of the subject property and surrounding properties. For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 4 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 6. Certified property boundary survey; date of survey; surveyor's name, address and phone number; and legal description(s) for the property subject to the requested change. 7. A copy of the deed(s) for the property subject to the requested change. 8. An aerial map showing the subject property and surrounding properties. 9. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. B. PUBLIC FACILITIES IMPACTS Note: The applicant must calculate public facilities impacts based on a maximum develop- ment scenario. 1. Traffic Analysis a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate of traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. (2) If the proposed Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Use designation, the Applicant shall attach a Traffic Impact Study prepared by a professional trans- portation planner or transportation engineer b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepared by a professional transportation planner or transportation engineer. c. Traffic Impact Studies are intended to determine the effect of the proposed land use change on the city's roadway network and the city's ability to accom- modate traffic associated with the proposed change over a ten -year planning period. d. An inability to accommodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change; 2. Provide estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use designations for provision potable water, sanitary sewer, and recreation/open space as follows: a. Potable Water and Sanitary Sewer demand based on: (1) 114 gallons per person per day (gppd) for residential uses (2) 0.15 gallons per day per square foot of floor area for nonresidential uses For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 5 of 7 Applicaton for Comprehensive Plan Amendment (6/09) b. Recreation, and Open Space demand for residential uses of 3 acres per thousand peak season population. 3. Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: a. b. c. Solid Waste; Water and Sewer; Schools. In reference to above, the applicant should supply the responding agency with the information from Section's II and III for their evaluation, as well as estimates of maximum population and nonresidential square footage developable under the existing and proposed Future Land Use categories. The application should include the applicant's correspondence to the responding agency. C. ENVIRONMENTAL IMPACTS Proposed plan amendments shall be accompanied by evidence that the following studies either have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: 1. Wetlands and aquifer recharge areas. 2. Soils posing severe limitations to development. 3. Unique habitat. 4. Endangered species of wildlife and plants. 5. Floodprone areas. D. INTERNAL CONSISTENCY WITH THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN 1. Discuss how the proposal affects established City of Okeechobee population projections. 2. List all goals and objectives of the Comprehensive Plan that are affected by the proposed amendment. This analysis should include an evaluation of all relevant policies under each goal and objective. 3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 6 of 7 l « Next Lower Parcel 1 l Next Higher Parcel »I D_SearchResults Okeechobee County Property Appraiser CAMA Updated: 7/29/2010 Parcel: 2- 09- 37- 35 -0A00- 00010 -0000 Owner & Property Info Owner's Name LIFESTYLES & HEALTHCARE LTD Site Address 1646 HWY 441 N , OKEECHOBEE Mailing 1646 HWY 441 N Address OKEECHOBEE, FL 349740000 $3,411,454.00 UNPLATTED LANDS OF THE CITY BEG AT THE SE COR OF cnt: (18) SEC 9 BEAR S 89 DEG 52 MIN 43 SEC W ALONG THE S LINE Total Appraised Value OF SEC 9 A DIST OF 132 FT, THENCE BEAR N 00 DEG 00 MIN Description p 07 SEC W A DIST OF 325.39 FT, THENCE BEAR N 89 DEG 59 MIN 53 SEC E TO THE INTERSECTION WITH AFORESAID LINE WD E LINE OF SEC 9 A DIST OF 132.01 FT, THENCE CONT N 89 Q DEG 59 MIN 53 SEC E DIST OF 448.33 FT, THENCE BEAR S 00 $300,000.00 DEG 00 MIN 07 SEC E TO THE ...more »> NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 4.319 ACRES S /T /R 9 -37 35 Neighborhood 528610.00 Tax District 50 DOR Use Code REST HOMES (007800) Market Area 40 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863 - 763 -5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (1) $507,142.00 Ag Land Value cnt: (o) moo Building Value cnt: (1) $3,411,454.00 XFOB Value cnt: (18) $172,193.00 Total Appraised Value $4,090,789.00 Sales History Page 1 of 2 2009 Certified Values ( Parcel List Generator GIS Aerial Retrieve Tax Record Property Card l Interactive GIS Map « Prev Print Search Result: 6 of 6 d z' LTLII.,41F4 0 160 320 440 Cs4* 800 960 1120 ft 2009 Certified Values Just Value $4,090,789.00 Class Value $o.00 Assessed Value $4,090,789.00 Exempt Value $o.00 Total Taxable Value $4,090,789.00 1 Show Similar Sales within 1/2 mile Sale Date Book/Page Inst. Type Sale VImp Sale Qual Sale RCode Y Sale Price 6/1/1990 315/746 WD I U 03 $100.00 8/1/1983 0/ WD V Q 0 x 0 x 0 $300,000.00 Building Characteristics Bldg Sketch Bldg Item Bldg Desc Year Blt Heated S.F. Actual S.F. Bldg Value Show Sketch 1 NURS HOME (005400) 1984 59227 60959 $3,411,454.00 Extra Features & Out Buildings - ( Show Codes ) Code Desc Year Blt Value Units Dims Condition (% Good) SPRINK WET PIPE 1984 $70,087.00 0059598.000 0 x 0 x 0 PD (080.00) ASPH 2 COM SLB WL 1979 $10,940.00 0007927.000 0 x 0 x 0 PD (075.00) http://www.okeechobeepa.com/GIS/D_SearchResults.asp 8/3/2010 49 9 WARfANTY DECO iteorvm. ro INOivlo This ?Barra* Deed Mnde the I ci° VL,K 315 PACE 74&"`""" FORM O1 tiny (4 ...3" to yY L' A. 1). Iv90 by OI(EECHOBEE HEALTH CARE FACILITY, LTD., a Florida Limited Partnershi her ' !ter called the grmsior. to LIFESTYLES & HEALTHCARE, LTD., a Florida Limited Partnership asp postuffiic' nddrvss is 2831 SW 3d Terrace, Okeechobee, FL 34974 16,4ler called the grantee: (N'1 I.td hr, CIO the (ern,. '•vrant,n" 11011 acre" ludr all Ihr partir, t ibis 'Maun.ent and Om hrirIntel teem eneati. r+ and ay.ivns .d indi.�idual+, and the nsrrrs,,,rs and a.■,vns of corporations) tjesseth: That the grantor, for and in consideration of the suns of $ 10.00 and other considerations, receipt whereof is hereby acknowledged. hereby (grants, bargains. sells, aliens, ro- ses, conveys muI confirms unto the firmeter, all that certain land situate in Okeechobee I'Iruisla. viz: ntise Count Thy •perty is located at 1646 U.S. Highway 441 North Oke- ••1 %ee, Florida and is more fully described on Atta ment A hereto. Subjec June 16, Ltd. and Records B County, F1 in owever, to the Mortgage and Security Agreement dated 88 by and between Okeechobee Health Care Facility, rican Pioneer Savings Bank as recorded in Official , Page , Public Records of Okeechobee Further subjo Agreement da Care Facility, recorded in Of Records of Okee Together with all the to wise appertaining. i?o Maw and to mold, the Mortgage Modification and Assumption e , 1990, by and between Okeechobee Health and American Pioneer Savings Bank as 1 Records Book , Page , Public e County, Florida. eras, hereditament, and appurtenances thereto belonging or in any- me in fee simple forever. is in fee simple; grantor grantor has goo 11 sasod lawful that the to sellrandlconvey said land: that the grantor hereby fully warrants the title to nd and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 19 89 Ea 'Witness t heCeof, the said grantor has signed and sealed these presents the day and year first above written. Signed, scaled and deliver In our presence: BEE PRESIDENT OKEECHO .FACILITY, LTD. H PAL ,T11..CARE..FACILITI'.,...11 ', SPACE BELOW /OR STATE OF COUNTY ()F 1 HEREBY CERTIFY that on this day, before me, an officer duly '''aistbprizcd in the State aforesaid and in the County aforesaid to take ' •acl.00Wledgmenti, personally appeared to. me ,kpown to be the person described in and who executed the turigoirtg,_iustrutnent and acknowledged before the that i•ict.tt yd the same. WITNESS my hand and official seal in the County and Siate last •aforesaid this 1001= day of It C- , A. D. 19 CIO 7 his Manama prepared by: ;1 ddrt.0 NOTARY PUBLIC STATE OF FLOI1!DA MY COMNISSIOR EYP. MAR 14,!03i COOED 11!(5 ql!ERAL III . t•;lo, Tho aubjocC proporty to logolly d000ribod an ro11own: 11 BGGI( 315 ,FACE .747 Beginning at the 6outhenat•cornar of Sool'ion 9, 'row ship 37 itout]t, Range 35 east, and boar North along'tho ::eat Line .of said Saotion 9 e' diatanco • of 325.12 feet to the.south boundary of that �ropertyl onorniCdainOak.' X07, Page 1.77, Pub110 nacords of 0}coec of ngia property ddsorlbcn in O,n, tODX .69°591.53"'W .aionqq the south bounder)/ inn rt the £eat right . 07, Page 177, a distance of 351,67 foot to a.po way lino of S.R. 15 (Parrott hvenuo)1 thence boar 8 00 °00'07 "• E albng so .hs of Ymo 31,00afaoot) tlhonce bear 500°0O'07"at a diatancogof965.00£ •• atanex e 1. 'thence bear H 09 °59'53" E a distance of 20.00 • teat) thence boar 8 't0107" £ a diatanao of 2469toot to a point on thd linSouth f said a otisaid 8 i 9� thence boar 'N 09,52'A3" £along .9 a �cu of 331.66 toot, roro or leas, to the Point.of•eoginning. Lan C Zty the Southwest corner of Section 10, nejnip 'j7 South, Range .. 35 Fnat,+•• bgaz North along the Wept lino of said section L�� ada6cribad' ..tef 325,1 to s.point on the South boundary of that tops y' ' 1707 thence bear N U9°59453" ,0 along 'tha;;SAUth. boundary 'r? efn O.lt, p'+ �0'-•ascribed in '0.11, 207, Page 178, a di.6taneo.of,,448.33 - c%� -� _eta to 0. • ) Ica bear 3 00',00'07 ". 0 along the extension of'tho .. :'_'.teat to a ,t t deaoribod 1n.0.R. 207,• Page 'Mein diatanco - G ,Fee3 boo0• ,,�� id property or Y - -;rat °32,60 fea of 440 36 Peetnto the Point Section ieginni.nqus bear 8' - `��S 32 5A W a -.jam .. ' a --` ` �in4n Soclion5 9 and 10', Township 37 South, Ian 35, u l .1yi�ng and bo �C, U • , . g 81st. This legal descr ^ n.includes the following: A parcel of land l in Sections 9 and 10, Township 37 South, Range 35 EAc. skeechobee County, Florida. Being more particularly described as follows: ce) Begin at the Southeast corner of said Section 9, bear S 89; .a. 52 , 43" W along the South line of said Section 9, a distance r- of 132.00 feet; N Thence bear N 00; 00', 07" W, a distance of 325.39 feet; Thence bear N 89; 59', 53" E, to the intersection with aforesaid East line of Section 9, a distance of 132,01 feet; Thence continue N 89, 59', 53" 8, a distance of 448.33 feet; Thence bear S 00', 00', 07" E to the intersection with the South line of said Section 10, a distance of 321.60 feet; Thence bear S 89; 32', 54" W along said South line of Section 10, a distance of 448.36 feet to the Southwest corner of said Section 10, also being the Southeast corner of said Section 9 and the POINT OF BEGINNING. Containing 4.313 acres, more or less. TOGETHER WITH all rights arising out of the Reciprocal Book 258, Easement Agreement 756, Public Records of Okeechobee County, Florida. www.sunbiz.org - Department of State FLORIDA EPARTMENT OF STATE DIVISION OF CORPORATIONS Page 1 of 2 Home Contact Us E- Filing Services Document Searches Previous on List Next on List Return To List Events No Name History Detail by Entity Name Florida Limited Partnership LIFESTYLES & HEALTHCARE, LTD. Filing Information Document Number A30170 FEI /EIN Number 650188926 Date Filed 06/08/1990 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 04/15/1997 Event Effective Date NONE Principal Address 406 NW 4TH ST OKEECHOBEE FL 34972 US Changed 04/06/2002 Mailing Address P.O. BOX 759 OKEECHOBEE FL 34973 US Changed 04/06/2002 Registered Agent Name & Address WILLIAMSON, JENNIFER L ESQ. 555 COLORADO AVENUE STUART FL 34994 US Name Changed: 05/26/2006 Address Changed: 05/26/2006 General Partner Detail Name & Address Document Number L22103 SENIORS "R" ABLE, INC. 406 NW 4TH STREET OKEECHOBEE FL 34972 US Annual Reports Forms Help Entity Name Search Submit http: / /sunbiz.org /scripts /cordet. exe? action= DETFIL &inq_doc_ number= A30170 &inq_came_from= NAM... 7/29/2010 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST THOMAS G PELHAM Governor Secretary October 4, 2010 Mr. James G. LaRue, AICP Planning & Zoning Official LaRue Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Dear Mr. LaRue: Thank you for submitting copies of the City of Okeechobee Small Scale Development Plan Amendment, adopted by Ordinance No(s) 1065 on September 14, 2010, for our records. The reference number for this amendment package is 10S03. The Department will not conduct a compliance review or issue a Notice of Intent regarding the adopted small scale development plan amendment in accordance with procedures contained in Section 163.3187(3)(a). Florida Statutes. If you have any questions, please contact Terri Stoutamire at (850) 922 -1804. DRE/ts cc: Patricia M. Steed, AICP, Executive Director Central Florida Regional Planning Council Sincerely, D. Ray Eubanks Plan Review & Processing Administrator 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399 -2100 850 -488 -8466 (p) • 850- 921 -0781 (f) • Website.. s `! s • COMMUNITY PLANNING 850 -488 -2356 (p) 850 -488 -3309 (f) • FLORIDA COMMUNITIES TRUST 850 - 922 -2207 (p) 850 -921 -1747 (f) • HOUSING AND COMMUNITY DEVELOPMENT 850. 488 -7956 (p) 850- 922 -5623 (f) • Page 1 of 1 C. rcl I G U; Lane From: "Gloria Pellito" <gloria @larueplanning.com> To: <terri.stoutamire @dca.state.fl.us> Cc: "'Lane "' <Igamiotea @cityofokeechobee.com> Sent: Monday, October 04, 2010 10:10 AM Attach: DCA No 10S03 Letter.pdf; Okeechobee Future Land Use Map (with subjuct property.pdf Subject: Okeechobee Adopted Small Scale Amendment: DCA No. 10S03 Hi Terri, We spoke a little while ago. Attached is the revised map per the letter from DCA. If you have any questions do not hesitate to contact me. Thank you. Gloria www.larueplanning.com 10/4/2010 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE GRIST THOMAS G PELHAM Govemor Secretary September 29, 2010 Mr. James G. LaRue, AICP Planning &. Zoning Official LaRue Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers. Florida 33901 Re: The City of Okeechobee Adopted Small Scale Amendment; DCA No. 10S03 Dear Mr. LaRue: We have received the adopted City of Okeechobee Small Scale Development Plan Amendment concerning Ordinance No(s) 1065 to your Comprehensive Plan. According to our records, we have not received all of the information required in Section 163.3184,F.S. Your submittal package for the amendment does not include the following: • A Future Land Use Map depicting the newly adopted designation and boundaries and location of the subject property in relationship to the surrounding street and thoroughfare network (Rule 9J- I 1.015(1)(b)1. F.A.C.); (The future land use map that was provided was for a proposed future land use change). The amendment package received will not be processed until the required information is received, as required by section 1.6331.87, F.S. To ensure a complete packet, please provide the following information as soon as possible. If you need further assistance, please contact Terri Stoutamire at 850-922-1804. Sincerely, D. Ray Eubanks Plan Review & Processing Administrator DRE/ts cc: Patricia M. Steed, AICP, Executive Director Central Florida RPC 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399-2100 850-488-8466 (p) • 850-921-0781 (f) • Website • COMMUNITY PLANNING 850 488 2356 (p) 850-488-3309 (f) • FLORIDA COMMUNITIES TRUST 850-922-2207 4)) 950-921-1747 (i) • * HOUSING AND COMMUNITY DEVELOPMENT 850-489 7956 (p) 850-922-5623 (f) • ITL — J INN '1111C111111/111 Subject CITY OF OKEECHOBEE Future Land Use m :■ 'MIS r Ti ,0 60 1 9Y 96 - 11111111111111111hili aiiIMEMr1111 11111MME MKS coluvir iiiiria 7] MI mr pii *L,L4tiftli• -i Rim 1111Dliiir . 1111 fi111 Ilfli 1111 Comprehensive Plan Future Land Use SINGLE - FAMILY ME MULTI - FAMILY RESIDENTIAL MIXED USE COMMERCIAL [ INDUSTRIAL 171 PUBLIC FACILITIES !Y _J rd� ad _l: r� I . Wangralin Amuncu anuraum -» it -No .. ,1111111 11111111111 immuomman II111NqYN11111g1. , 2000 \\ 2000 4000 Feet MAY 25, 2010 Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 239 -334 -3366 Serving Florida Local Governments Since 1988 . BILL TO City of Okeechobee Attn: Betty Clement 55 SE 3rd Avenue Okeechobee, FL 34974 Email: bclement @cityofokeechobee.com Invoice DATE INVOICE # 10/4/2010 4750 P.O. NO. TERMS DUE DATE Net 15 10/19/2010 DESCRIPTION HOURS RATE AMOUNT Planning & Zoning Services for the month of September 2010 Consultant and staff review and preparation of staff reports. Development Applications: 10- 005 -TRC: Sacred Heart Site Plan Review (7.5 hrs) 10- 003 -SSA & 10- 003 -R: Lifestyles & Healthcare (1.5 hrs) 10- 007 -TRC: United Feed Coop Site Plan Review (2.5 hrs) @ # 89, 5-0 General Planning: Telephone call with staff; respond to e-mails and minor inquiries from staff and review proposed ordinance from John Cook re: including nursing homes in the Commercial and Industrial zoning districts. Monthly services per agreement of 40hours = $3500.00. Additional hours at standard rate of $105.00 per hour. 11.5 4.25 3,500.00 3,500.00 Thank You For This Opportunity to Serve You! Total $3,500.00 I ! ! ► Planning & Management Services, Inc. September 22, 2010 Ms. Lane Gamiotea, CMC City Clerk Okeechobee City Hall 55 SE Third Avenue Okeechobee, FL 34974 -2903 Re: City of Okeechobee 10- 003 -SSA (Lifestyles and Healthcare, LTD) Dear Ms. Gamiotea, Enclosed please find a copy of the Small Scale Comprehensive Plan Amendment which was submitted to the Department of Community Affairs. Sincerely, Gloria L. Pellito Office Manager Providing Planning and Management Solutions for Local Governments Since 1988 1375 Jackson Street, Suite 206 Fort Myers, F1, 33901 239 -334 -3366 W vV vv .larueplanning.com r Planning & Management Services, Inc. September 22, 2010 Mr. D. Ray Eubanks, Plan Processing Administrator Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Subject: City of Okeechobee Small Scale Comprehensive Plan Amendment #10- 003 -SSA Dear Mr. Eubanks: In accordance with §163.3187(1)(c)., F.S, the City of Okeechobee is pleased to submit a Small Scale Comprehensive Plan Amendment adopted by City Council Ordinance No. 1065, on September 14, 2010. The amendment area is 4.319 acres. The cumulative total number of acres for small -scale amendments the City has approved for the calendar year is 5.321 acres. The subject property has not been granted another change within the prior 12 months and no other amendments have been granted to the same owner's property within 200 feet within the prior 12 months. The amendment does not involve a text change. The amendment is not within an area of critical state concern. The residential land use density before the change was a maximum of 5 dwelling units per acre and the Future Land Use Category on the property after the change is Commercial, which contains no provision for residential uses. A copy of the adopted small -scale amendment package was sent to the Central Florida Regional Planning Council. No other local government or governmental agency has filed a written request to be provided a copy of the amendment. Enclosed is the executed ordinance adopting the small scale amendment, a future land use map depicting the amended area, a copy of the adoption public hearing notice, and Form RPMBSP- EXEMPT REVIEW. Providing Planning and Management Solutions for Local Governments Since 1988 w wv' larueplanniii c<ml 1375 Jackson Street. Suite 206 Fort Mvcr 11 . 33901 230-334-3366 The contact person for the amendment package is: James G. LaRue, AICP LaRue Planning & Management Services, Inc 1375 Jackson Street, Suite 206, Fort Myers, FL 33901 239 - 334 -3366 Fax: 239-334-6384 Email: jim @larueplanning.com Sincerely, James G. LaRue, AICP Planning and Zoning Official FO It M RPM -BSP- EXEMPT -1 RPM -BSP- EXEMPT REVIEW Amendments Exempt from State and Regional Review in accordance with Rule 9J-11.015, FAC. 1. Name of Local Government City of Okeechobee Person completing this form Gloria Pellito, Office Manager, LaRue Planning & Management Services, Inc Phone Number 239 - 334 -3366 Name of Newspaper in which notice of amendment was published Okeechobee News Date Publication Noticed September 3, 2010 (Please attach copy of notice) 2. Please indicate type of amendment being submitted: X a). a map amendment directly related to proposed small scale development activities that meet the criteria of Section 163.3187(1)(c), F.S.; b). a map amendment solely to property within an urban service boundary that meets the criteria of Section 163.3184(17), F.S.; c). a map amendment solely to property within a designated urban infill and redevelopment area pursuant to Section 163.3184(18), F.S.; d). a plan amendment associated with an area certified pursuant to Section 163.3246, F.S. Please complete the following information if amendment is submitted under 2(a): 3. If amendment contains a residential land use category indicate: density allowed prior to change 5 dwelling unit(s) per acre. density allowed after change 0 dwelling unit(s) per acre. 4. Number of acres of small scale development amendments contained in package: 4.319 acres a. Within Urban Infill, Urban Redevelopment or Downtown Revitalization as defined by Section 163.3164, FS no b. Within Transportation Concurrency Exception Area pursuant to Section 163.3180(5), FS no c. Within Regional Activity Centers or Urban Central Business Districts pursuant to Section 380.06(2)(e), FS no d. Within Urban Infill and Redevelopment areas as defined by Section 163.2517, FS no e. Within a Rural Area of Critical Economic Concern pursuant to Section 163.3187(1)(c)4, FS no (Please attach certifying letter to OTTED) f. Involving the construction of affordable housing units meeting the criteria of Section 420.0004(3), FS, no g. Outside categories a., b, c, and d. yes 5. Cumulative total number of acres of small scale development amendments for the calendar year: a. Categories listed in Item 4 a, b, c, and d above 0 b. Categories listed in Item 4 e, f, and g above 5.321 6. Total number of acres of small scale development amendments in this package that are located within the coastal high hazard area as identified in the comprehensive plan 0 7. Total number of acres of small scale development within area of critical state concern designated by Section 380.0552, FS 0 Pursuant to Rule 9J- 11.015(1)(b)5, Florida Administrative Code, this form must be mailed with all amendments as defined by Section 9J- 11.015(1)(a) Florida Administrative Code to: DEPARTMENT OF COMMUNITY AFFAIRS PLAN PROCESSING SECTION 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 (850) 488-4925 Form RPM -BSP- EXEMPT -1 (Effective 5 -12 -10 ) Page 1 of 1 Jackie From: "Jackie" <jdunham @cityofokeechobee.com> To: "Angie Jones" <a.jones @okeechobeepa.com> Cc: "Lane Gamiotea" < Igamiotea @cityofokeechobee.com> Sent: Wednesday, September 15, 2010 12:19 PM Attach: Laserfiche Documents.zip Subject: Ordinance 1065/10- 003 -SSA Honorable W.C. Sherman, Please find attached Ordinance No. 1065 approving Comprehensive Future Land Use Amendment Application No. 10- 003 -SSA, re- designating 4.319 acres of property located at 1646 Hwy 441 N from Single Family (SF) to Commercial (C). Should you require additional information or have any questions please contact the Office of the City Clerk. Jackie Dunham, Office Assistant City Hall 55 SE 3rd Avenue Okeechobee, FL 34974 863- 763 -3372 X227 or X215 Fax 863- 763 -1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 9/15/2010 Page 1 of 1 Jackie From: "Jackie" <jdunham @cityofokeechobee.com> To: "Celeste Smith Watford" <celestesmith@ okeechobeecountytaxcollector .com> Cc: "Lane Gamiotea" <Igamiotea @cityofokeechobee.com> Sent: Wednesday, September 15, 2010 12:22 PM Attach: Laserfiche Documents.zip Subject: Ordinance 1065/10- 003 -SSA Honorable Celeste Watford, Please find attached Ordinance No. 1065 approving Comprehensive Future Land Use Amendment Application No. 10- 003 -SSA, re- designating 4.319 acres of property located at 1646 Hwy 441 N from Single Family (SF) to Commercial (C). Should you require additional information or have any questions please contact the Office of the City Clerk. Jackie Dunham, Office Assistant City Hall 55 SE 3rd Avenue Okeechobee, FL 34974 863- 763 -3372 X227 or X215 Fax 863- 763 -1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 9/15/2010 Page 1 of 1 Jackie From: "Jackie" <jdunham @cityofokeechobee.com> To: "Jennifer L. Williamson" <JLW @crarybuchanan.com> Sent: Wednesday, September 15, 2010 11:52 AM Subject: Re: Ordinance 1065/10 - 003 -SSA From: Jackie <jdunham©cityofokeechobee.com> To: Jennifer L. Williamson Cc: Lane Gamiotea <Igamiotea©cityofokeechobee.com> Sent: Wed Sep 15 11:44:08 2010 Subject: Re: Ordinance 1065/10- 003 -SSA Dear Ms. Williamson: Please find attached copies of the documents which are being mailed to Mr. Jim LaRue today regarding adoption of your Small Scale Amendment which was presented for final hearing to the City Council on September 14, 2010. If you have any questions please feel free to contact the office of the City Clerk at the number listed below. Jackie Dunham, Office Assistant City Hall 55 SE 3rd Avenue Okeechobee, FL 34974 863- 763 -3372 X227 or X215 Fax 863- 763 -1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media upon request, unless otherwise exempt. Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 9/15/2010 City of Okeechobee Office of the City Clerk September 15. 2010 Mr. Jim LaRue LaRue Planning and Management Services, Inc. Tidewater Building 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 Dear Mr. LaRue: Enclosed herewith please find a certified copy of the following (in order for you to forward to the Department of Community Affairs): Ordinance No. 1065 adopting Small Scale Amendment Application No. 10- 003 -SSA, the August 19, 2010, Planning Board /Board of Adjustment and Appeals minutes and the proof of publications. Also included is a copy of each of the above documents for your records. As soon as the September 14, 2010, City Council minutes are completed a copy will be forwarded to you. With best regards. I am Sincerely, r )(Cit. ' In Lane Gamiotea, CMC City Clerk Enclosures LG /jd cc via e -mail w /enclosures: Jennifer Williamson 55 S:E. Third Avenue • Okeechobee, Florida 3974 -2903 • (863) 763-337'7 • Fa (86 3) 763- - 1 686 1 --3rX o W H. P� �a.x• rt �n 0 n w r cn o td G G H. G rJ H. G N cn E o0 w • H. 20 o G cro H. rt rr N Ln N C d n o, 0 i b) Public discussion and comments. 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N carp LL - o) W c E 0 = 0) C C 0 0 U c 0) U C C O C (6 c0 U a- b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No.1065 by title only. 2. a) Motion to adopt Ordinance No. 1065. b) Public discussion and comments. Page 1 of 1 Jackie From: "Jackie" <jdunham @cityofokeechobee.com> To: <jlw @crarybuchanan.com> Cc: "Lane Gamiotea" < Igamiotea @cityofokeechobee.com> Sent: Monday, September 13, 2010 2:27 PM Attach: 091410. pdf; 1065 10- 003 -SSA .pdf Subject: City of Okeechobee Public Hearing Notice Ms. Williamson, Just a reminder that the City Council of the City of Okeechobee will conduct the Final Hearing regarding the Comprehensive Plan Future Land Use Map Amendment Application No. 10- 003 -SSA. The Public Hearing is scheduled for tomorrow, September 14th, 2010 at 6:OOPM. Attached please find proposed Ordinance 1065 and a copy of the Agenda. If you or a representative cannot attned this hearing please contact our office. Jackie Dunham, Office Assistant City Hall 55 SE 3rd Avenue Okeechobee, FL 34974 863- 763 -3372 X227 or X215 Fax 863- 763 -1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 9/13/2010 ?1anning Management Services, Inc. 1375 Jackson Street, Suite 2O =art Myers. Florida 2E9- 334-3366 Serving Florida Local Governments Since 1988 BILL TO City of Okeechobee Attn: Betty Clement 55 SE 3rd Avenue Okeechobee, FL 34974 Invoice DATE INVOICE # 9/3/2010 4733 P.O. NO. TERMS DUE DATE Net 15 9/18/2010 DESCRIPTION HOURS RATE AMOUNT Planning & Zoning Services for the month of August 2010 Consultant and staff review and preparation of staff reports. Development Applications: 10- 005 -TRC: Sacred Heart Site Plan Review (12.75 hrs) 10- 003 -SSA & 10- 003 -R: Lifestyles & Healthcare (5.5 hrs) 10- 007 -TRC: United Feed Coop Site Plan Review (3 hrs) Center State Bank (initial discussion with Applicant's representative) (.75 hrs) General Planning: Telephones call with staff respond to e -mails and minor inquiries from staff review application forms to ensure all needed information is clearly listed; discussion with citizen re: clarification of situation involving desire to build freestanding garage on multi - family without an associated principal use; prepare and send to SFWMD GIS shape files and associated explanatory text relating to City's FLUM and FLU Comprehensive Plan categories. Monthly services per agreement of 40hours = $3500.00. Additional hours at standard rate of $105.00 per hour. 22 5.75 3,500.00 3,500.00 Thank You For This Opportunity to Serve You! Total $3,500.00 ij •uosiediie4O ONINV3H 0118fld N3d0 'A noimg Jaquiaw pseog Mr. Brisson addressed the Board with the same presentation as the SSA. Application will be forwarded in ordinance form for a final Public Hearing on September 14, 2010 before City Council. 0 O m w M CO Z0 C CO W 0( 1N3SEV • AO33W CL T 3 m CO cD ::. Z —i o cn 5 o v, c n 0 3 o c 0 c v 3 cD c co o a o cD CD <si' , D m W 3• r a N 3',C. ? c s S �" O [U (D N CD g •-G O C W n g i i a ._ '� C7 X v, rn� N- �' = w m 0-0 cD S n W = o m n) DJ `G c O N CD D - n- co CD CD y = [1 O C1 CD N Q Cl� = y = -. CD 3 ? N G CD `G tv r N C. CD CC) CL W [n U n - '� Cd n 0 ,C/ C D G y D �- C N `v �- o- 2y CO= C7 - N' D °, Z N (D D = (.3; = N 8? 0 p N (D co < O O. ; O m co .N. c.,, R. C2.. co CD 0 p ili c3 p- p O N O O CU C1 TO = O CD C7 n. ^� CT CO 0 CD O S p. S �•c _r o- E-) 3 c< s v N a y c° v .�� o D C7 o c" = -_ co o_ 3- c co � _ co c7, m o o= o v CO m 8 Oc s -o o S 3 ti= oS a m o o m a 0 D a m 'Tt m c, = oN a ` • CD 0 o n DI 5 = o- m D o O,,,,Cr CC) S" Da'' d m cot-0 Cfl d O to ; CU 3 CO O T CD - to CD C7 = ,=_._,,,s1.)_. O0D �- O N o 3 o cD C O 3 - 35'9 m C7 0 .1 C) v O n o� 2-D < 3 -c) wi. : a �m _ n m m _ -- —ii— Q cD N D -p N ln O C --i 0 n o CU N T o d C 0) 0) O CD e O cD a C y N N g O CD O w 5, m a OC7 -o n • m -Z 0 3 -csc p 5 __ O o co co O co d r M G in CD (0 (o 'GUN aleM Mill 310A ^NOISSflOSII AUGUST 19, 2010 • PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS • PAGE 2 OF 4 INDEPENDENT iiMIN NEWSPAPERS OKEECIIOHEE NEWS 707 S.W. 17th Street, Suite O, Okeechobee, F J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Advertising Director of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attachg�d copy of advertisement being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the .issues of q(3(10 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at 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 fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. A , � •:,��1- ,/ ,'> Judy Kasten Sworn tq and subscribed before me this day of ° o / 6 AD Notary Public, State of Florida at Large '1. h L(.4.. NOTAI PUBLIC -STATE OF F OF3 )11 . Angie Bridges Commission # DD779718 Expires: APE. 20, 2012 sari; a? T U ATLAN'T'IC NNW%1)0,, INC. 1J 1 ISO -;l ihi -;i;a PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida will on Tuesday, September 14, 2010 at 6:00 pm. or as soon there- after possible, at City Hall, 55 SE 3rd Ave., Okeedrobee, FL conduct a PUB- LIC HEARING on and thereafter to consider final reading of the following Ordinance into law: 1065: AN ORDINANCE OF THE CITY OF OKEE- CHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COM- PREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY TO COMMERCIAL; PROVIDING FOR INCLUSION OF ORDI- NANCE AND REVISED FUTURE LAND USE MAP IN THE COMPRE- HENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. The Ordinance is regarding Small Scale Comprehensive Plan Future Land Use Map Amendment Application No. 10- 003 -SSA, submitted by Jennifer Williamson, on behalf of property owner, Lifestyles and Healthcare LTD (Okeechobee Health Care Facility), to change the Future Land Use designa- tion from SF to C, for approximately 4.319 unplatted acres, located at 1646 N US Highway 441. A copy of the agenda may be obtained from the City website www.dty- ofokeedtobee.com, or contact Administration, (863) 763 -3372 x 212. A copy of the entire applicatton(s) is available at the City Clerk's Office during regular business hours, Mon -Fn, 8am- 4:30pm, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to ap- peal any decision made by the City Council with respect to any matter con- sidered at this meeting, or hearing will need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are used for the sole purpose of back -up for the department. In accordance with the Americans with Disabilities Act (ADA) of 1990 per- sons needing special accommodation to participate in this proceeding should contact the Administration Office at 863- 763 -3372 for assistance. Lane Gamiotea, CMC, CITY CLERK 365003 ON 9/3/10 Page 1 of 1 Melisa Jahner From: To: Cc: Sent: Attach: Subject: "Melisa Jahner" <mjahner @cityofokeechobee.com> <jlw @ crarybuchanan.com> "Lane Gamiotea" < Igamiotea @cityofokeechobee.com> Monday, August 30, 2010 4:16 PM 1065 10- 003 -SSA .pdf City of Okeechobee Public Hearing Notice Dear Ms. Williamson, Please be advised that the City Council of the City of Okeechobee will conduct a Final Hearing regarding the Comprehensive Plan Future Land Use Map Amendment Application No. 10- 003 -SSA. The Public Hearing is scheduled for Tuesday, September 14, 2010 at 6:00 p.m. Attached please find proposed Ordinance No. 1065. I ask that you review the document thoroughly and call me with any questions you may have. A final signed copy will be forwarded to you after the adoption process. If you or a representative cannot attend this hearing please contact my office at (863) 763 -3372 ext. 215. Melisa Jahner Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 863- 763 -3372 ext. 215 863- 763 -1686 fax 8/30/2010 \\-» INDEPENDENT_ - NEWSPAPERS OKEECHOBEE NEWS J STA.] E OF FLORIDA COUNTY OF OKEECHOBEE 107 S.14. 17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Advertising Director of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of . / /;:4v / 0 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at 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 fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Judy Kasten Sworn to and subscribed before me this LYi day of tit C J _ AD Notary Public, State of Florida at Large 4 NOTARY PUB7IC -STATE OF FLORIDA. Angie Bridges Commission #DD779718 .,,,, ,,,,` Expires: APR. 20, 2012 BONDED THRSI ATIr1NTIC BONDING GO., INC. (863) 763 -3134 PUBLIC NOTICE CONSIDERATION OF A PROPOSED COMPREHENSIVE PLAN AMENDMENT A PUBLIC HEARING will be held before the City of Okeechobee Planning Board on Thursday, August 19, 2010 at.6:00 p.m. or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Council Chambers, Rio 200, Okee- chobee, Florida. The agenda is available on the City webslte www.dtyofo- keechobee.com, or contact the General Services Department, bclement @cityofokeechobee.com, 863- 763 -3372 x 218. Under consideration is Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 10- 003 -SSA, submitted by Jennifer Wil- liamson, on behalf of the property owner, Lifestyles and Healthcare LTD. For the purpose of changing the Future Land Use designation from Single Family (SF) to Commercial (C) for property located at 1646 US N U5 High- way 441. Legal: Beginning at the Southeast corner of Section 9, Township 37 South, Range 35 East, and bear North along the East line of said Section 9 a distance of 325.12 feet to the South boundary of that property described in O.R. Book 207, Page 177, Public Records of Okeechobee County, Florida; thence bear South 89 degrees 59 feet 53 inches West along the South boundary of said property described in O.R. Book 207 Page 177, a distance of 351.67 feet to a point on the East right-of -way fine of State Road 15 (Parrott Avenue), thence bear South 00 degrees 00 feet 07 inches East along so right -of -way line a distance of 236.12 feet; thence bear North 90 degrees 59 feet 53 inches East a distance of 1.00 foot, thence bear South 00 degrees 00 feet 07 inches East a distance of 65.00 feet; thence bear North 09 degrees 59 feet 53 inches East a distance of 20.00 feet; thence bear South 00 degrees 00 feet 07 inches East a distance of 24.69 feet to a pant on the South line of said Section 9; thence bear North 09 degrees 52 feet 43 inches East along the South line of said Section 9 a distance of 331.66 feet, more or less, to the Point of Beginning. Also, Beginning at the Southwest corner of Section 10, Township 37 South, Range 35 East, and bear North along the West line of said Section 10, a distance of 325.12 feet to a point on the South boundary of that prop- erty described in O.R. Book 207, Page 178, thence bear North 89 degrees 59 feet 53 inches East along the South boundary of said property described in O.R. Book 207, Page 178, a distance of 448.33 feet to a point, thence bear South 00 degrees 00 feet 07 Inches East along the extension of the East boundary of said property described in O.R. Book 207, Page 170, a dis- tance of 321.60 feet to a point on the South line of Section 10, thence bear South 09 degrees 32 feet 54 inches West a distance of 440.36 feet to the Point of Beginning. All lying and being in Sections 9 and 10; Township 37 South, Range 35 East. Including, a parcel of land lying in Sections 9 and 10, Township 37 South, Range 35 East, Okeechobee County, Florida. Being more particularly de- scribed as follows: begin at the Southeast corner of said Section 9, bear South 89 degrees 52 feet 43 inches West along the South line of said Sec- tion 9, a distance of 132.00 feet; thence bear North 00 degrees 00 feet 07 inches West a distance of 325.39 feet; thence bear North 89 degrees 59 feet 53 inches East to the intersection with aforesaid East line of Section 9, a distance of 132.01 feet; thence continue North 89 degrees 59 feet 53 inches East a distance of 448.33 feet; thence bear South 00 degrees 00 feet 07 inches East to the intersection with the South line of said Section 10 a distance of 321.60 feet; thence bear South 89 degrees 32 feet 54 inches West along said South line of Section 10 a distance of 448.36 feet to the Southwest corner of said Section 10, also being the Southeast corner of said Section 9 and the Point of Beginning. Together with all rights arising out of the Reciprocal Easement Agreement recorded in O.R. Book 258, Page 756, Public Records of Okeechobee County, Florida. All members of the public are encouraged to attend and partidpate In said Hearing. The entire application may be inspected during regular business hours, Mon -Fri, Bam- 4:30pm, except for holidays. The Planning Board's role will be to make a recommendation for approval or denial, to the City Council, final adoption is tentatively scheduled for Tuesday, September 7, 2010. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this meeting, or hearing will need to ensure a verbatim record of the proceedings is made, which record indudes the testimony and evi- dence upon which the appeal is to be based, General Services media are used for the sole purpose of back -up for the department. In accordance with the Americans with Disabilities Act (ADA) of 1990 persons needing spe- dal accommodation to participate in this proceeding should contact the General Services•Office at 863 -763 -3372 for assistance. BY: Brian Whitehall, Zoning Administrator Application No. 10- 003 -SSA 362124 ON 8/4,11/10 August 11, 2010 Dear Ms. Williamson: CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863 - 763 -3372 Fax: 863 - 763 -1686 VIA E -MAIL jlw(c�crarybuchanan Please be advised that the Planning Board, Board of Adjustments and Appeals of the City of Okeechobee will be considering Application No. 10- 003 -SSA to change Future Land Use from Single Family (SF) to Commercial (C) and Rezoning Petition No. 10- 003-R to change the Zoning from Commercial Professional Office (CPO) to Heavy Commercial (CHV) on Thursday, August 19, 2010 at 6:00 p.m., or as soon thereafter as possible, in the City Council Chambers. A copy of the Board of Adjustments and Appeals Agenda is attached, along with a copy of the Staff Report, and the application and petition. If you, or a representative, cannot attend this meeting please contact my office at (863) 763 -3372 ext. 218. Sincerely, Betty J. Clement General Services Coordinator attachments Planning & .Management Services, Inc. 375 Jackson Street, Suite 206 Fort Myers, Florida 9-334-3366 Serving Florida Local Governments Since 1988 BILL TO City of Okeechobee Attn: Betty Clement 55 SE 3rd Avenue Okeechobee, FL 34974 COPY Invoice DATE INVOICE # 8/4/2010 4728 P.O. NO. TERMS DUE DATE Net 15 8/19/2010 DESCRIPTION HOURS RATE AMOUNT Planning & Zoning Services for the month o£ 2010 Consultant and staff review and preparation of staff reports. Development Applications: 10 -005 TRC: Sacred Heart Site Plan Review (7.25 hrs) 10 -006 TRC: Shirley Baker Site Plan Review (includes travel to /from and attendance at TRC meeting on 7/20/10) (7.25 hrs) 10 -003 SSA & 10 -003 R: Lifestyles & Healthcare (1.25 hrs) United Feed Site Plan (1 hr) General Planning: responding to e -mail, etc, Monthly services per agreement of 40hours = $3500.00. Additional hours at standard rate of $105.00 per hour. 16.75 0.75 3,500.00 3,500.00 Thank You For This Opportunity to Serve You! Total $3,500.00 1375 Jackson Sleet, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 - 334 -3366 Fax: 239 - 334 -6384 LaRue Planning & Management Services, Inc. staff Repot —small scale Comptthensive Plan Amendment Prepared for • The City of Okeechobee Applicant: City of Okeechobee Petition No. 10- 003 -SSA (L festyles & Healthcare, LID) Staff Report Small Scale Amendment Applicant: City of Okeechobee Petition No.: 10- 003 -SSA General Information Owner: Address: Applicant: Applicant Address E -Mail Address: Contact Person: Future Land Use Map Classification Zoning District Use of Property Acreage Location: 1646 Hwy. 441 N. Legal Description: Lifestyles & Healthcare, LTD 1646 Hwy. 441 N, Okeechobee, FL City of Okeechobee 55 SE Third Avenue, Okeechobee, FL bclement@cityofokeechobee.com Betty J. Clement, General Servs. Coord. Existing Residential Single - Family CPO Nursing Home 4.319 acres Proposed Commercial CHV Nursing Home 4.319 acres PARCEL ID #2- 09- 37- 35 -0A00- 00010 -0000 A PARCEL OF LAND LYING IN SECTIONS 9 AND 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID SECTION 9, BEAR S 89 DEGREES, 52 MINUTES, 43 SECONDS W ALONG THE SOUTH LINE OF SAID SECTION 9 A DISTANCE OF 132.00 FEET; THENCE BEAR N 00 DEG 00 MIN 07 SEC W A DIST OF 325.39 FT; THENCE BEAR N 89 DEG 59 MIN 53 SEC E TO THE INTERSECTION WITH THE AFORESAID LINE E LINE OF SEC 9 A DIST OF 132.01 FT; THENCE CONT N 89 DEG 59 MIN 53 SEC E DIST OF 448.33 FT; THENCE BEAR S 00 DEG 00 MIN 07 SEC E TO THE INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 10 A DISTANCE OF 321.60 FEET; THENCE BEAR S 89 DEGREES, 32 MINUTES, 54 SECONDS W ALONG SAID SOUTH LINE OF SECTION 10, A DISTNCE OF 448.36 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 10, ALSO BEING THE SOUTHEAST CORNER OF SAID SECTION 9 AND THE POINT OF BEGINNING. 2 Staff Report Small Scale Amendment Applicant: City of Okeechobee Petition No.: 10- 003 -SSA Description of the Request The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map from Single Family Residential to Commercial for a 4.319 acre property located at 1646 Hwy. 441 North The property is and has been occupied by a Nursing Home since 1984. This was prior to the adoption of the City's Comprehensive Plan under the 1985 Growth Management Act. At that time the property was Zoned CPO which was the equivalent of today's CHV district, and a nursing home was an allowable use. When the City subsequently adopted its new LDC in 1998, the then CPO district was divided into the CHV, CLT and CPO districts, none of which allow a nursing home. The City is initiating this SSA as well as a rezoning to CHV and an amendment to the CHV district to allow a nursing home in that district. The intent of this SSA as well as the changes to the Zoning are to ensure that the Future Land Use Map, zoning and current use of the property are consistent and to remove the nonconforming status of the City's largest private employer and which we believe was an unintended consequence of prior changes to the City's zoning and LDC. Adjacent Future Land Use Map Classifications and Zoning Districts North: Future Land Use Map Zoning District: Existing Land Use: Classification: Uninc. Okeechobee County: Commercial Mixed Use & Urban Residential Mixed Use Uninc. Okeechobee County: Residential General Hospital East: Future Land Use Map Classification: Uninc. Okeechobee County: Urban Residential Mixed Use Zoning District: Uninc. Okeechobee County: Neighborhood Commercial 2 Existing Land Use: Vacant South: Future Land Use Map Classification: Commercial and Single - Family Zoning District: CHV and Holding Existing Land Use: Vacant West: Future Land Use Map Classification: Commercial Zoning District: CPO Existing Land Use: Vacant 3 Staff Report Small Scale Amendment Applicant: City of Okeechobee Petition No.: 10- 003 -SSA General Analysis and Staff Comments Based on the size of the property (4.319 acres) this application qualifies under Chapter 163, F.S. as a Small Scale Amendment to the Comprehensive Plan. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. A Goal of the City, as set forth on page 1 of the Future Land Use Element, is to "... maintain a high quality living environment, preserve its distinctive natural and historic resources, and provide public services to its residents at a minimum cost." Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property and environmentally sensitive areas from adverse impacts of incompatible land uses, activities and hazards. Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. The requested Commercial future land use designation is consistent with the general pattern of commercial expansion evident in the area within two blocks of US 441. Further, the property has been used as a nursing home for over 25 years, is the City's largest private employer and is located adjacent to the hospital. These factors coupled with the foregoing cited policies indicate that the requested amendment is consistent with the Comprehensive Plan. B. Adequacy of Public Facilities The property is fully developed and operating as a nursing home and has been for over 25 years. Changing the future land use designation will have no effect upon the ability of the City and other service providers to provide the nursing home or any other properties in the City with adequate services. 4 Staff Report Small Scale Amendment Applicant: City of Okeechobee Petition No.: 10- 003 -SSA C. Compatibility with Adjacent and Nearby Land Uses The nursing home has been and will continue to be compatible with existing and future uses in the vicinity. Changing the future land use category will have no effect except to eliminate existing inconsistencies among zoning, the FLUM, and the existing use. Recommendation Staff recommends approval of the City's proposal to amend the Future Land Use Map from Single - Family to Commercial. Submitted by: James G. LaRue, AICP Planning Consultant August 10, 2010 Planning Board Hearing: August 19, 2010 Council Hearing: September 7, 2010 Attachments: Future Land Use Map, Zoning Map, and County Property Appraiser's Aerial 5 FUTURE LAND USE Lifestyle & Healthcare Property and Environs NW 11th Street 1 1 SINGLE - FAMILY MULTI - FAMILY RESIDENTIAL MIXED USE COMMERCIAL INDUSTRIAL PUBLIC FACILITIES 300 0 300 600 Feet ZONING Lifestyle & Healthcare Property and Environs H RSF1 RMH j RSF2 - RMF - CPO 1 CLT - CBD - CHV IND PUB 0 N NW 11th Street 1 r 1 NE MIU NE 13th St NE 1-2th Sf 300 0 300 600 Feet 0 m O tD G3 W V Ch O O 90 00 J O O O O O y 1 1 0 m O V 8 Okeechobee County Property Appraiser - Map Printed on 8/10/2010 10:55:27 AM