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1066 Amending Zoning Map• • ORDINANCE NO. 1066 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 COMMERCIAL PROFESSIONAL OFFICE (CPO) 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 No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Jennifer Williamson, on behalf of property owner, Lifestyles and Healthcare LTD, more particularly described hereafter, has heretofore filed Petition No. 10-003 - R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 4.319 acre(s) from Commercial Professional Office (CPO) 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 August 19, 2010, 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: A PARCEL OF LAND LYING IN SECTIONS 9 AND 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, AS RECORDED IN O.R. BOOK 258, PAGE 756, PUBLIC RECORDS OF 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 Ordinance No. 1061 Page 1 of 2 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 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property (4.319 acres) zoning classification to be changed from Commercial Professional Office (CPO) 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 public hearing on this 14th day of September, 2010. C'. James E. Kirk, Mayor ATT T: / Ill . ' S Lane Gamiotea, C , City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 28th day of September, 2010. ATT Lane Gamiotea, C ' C, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor ,;2 Ordinance No. 1066 Page 2 of 2 City General 55 S.E. Okeechobee, Phone: Fax: of Okeechobee Services Department 3" Avenue, Room 101 Florida 39974 -2903 (863) 763 -3372, ext. 218 (863) 763 -1686 Date: 7/16/10 Petition No. 10 -003 -R Fee Paid: N/A Jurisdiction: PB /CC 1'' Hearing: 8/19/10 2nd Hearing: s17/-7-1 0 ;)fivyf t' Publication Dates: 6/6 f /i' , Notices Mailed: Rezone, Special Exception and Variance APPLICANT INFORMATION Date Rec'd. Chk'd 1 Name of property owner(s): Lifestyles & Healthcare LTD 2 Owner mailing address: 1646 Hwy 441 N 3 Name of applicant(s) if other than owner 4 Applicant mailing address: 55 SE Third Avenue 4a e -mail address: j{W,(a exttry [;,aG11 anar?. Corr) Name of contact person (state relationship) ' J�nn,�e.r Will la m 4,vn 5 6 Contact person daytime phone(s): -71..A_i _ Z c FAY- Ti L - 27 -c} i 15 PROPERTY INFORMATION 7 Property address /directions to property: 1646 N. Hwy 441 8 Describe current use of property: Nursing Home 9 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. N/A 10 Approx. acreage: 4.319 Is property in a platted subdivision? No 11 Is there a use on the property that is /was in violation of a city or county ordinance? If so, describe: Non - conforming use 12 Is a pending sale of the property subject to this application being granted? No 13 Describe uses on adjoining property North: County South: Commercial/Residential Existing zoning: CPO to the North: East: County (West: County 14 ttre±- Lana- J classification SF 15 Request is for: (X) Rezone ( ) Special Exception ( ) Variance 16 Parcel Identification Number: 2- 09- 37- 35 -0A00- 00010 -0000 ATTACHMENTS 17 Applicant's statement of interest in property To make the use conforming and consistent Revised 11/08 Page I of' 10 18 Non - refundable application fee: Rezoning $850; Special Exception: $500; Variance: $500; all plus $30 /acre Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges — When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. N/A 19 Last recorded warranty deed 20 Notarized letter of consent form property owner (if applicant is different from property owner) 21 Three property surveys (one no larger than 11" x 17 ") containing: a. certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description c. Computation of total acreage to nearest tenth of an acre ( ) ( ) ( ) 22 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 23 Affidavit attesting to completeness and correctness of the list (attached) IVA INFORMATION SPECIFICALLY RELATING TO A REZONE Date Rec'd Chk'd 23 Current zoning classification: CPO Requested zoning classification CHV 24 What is the desired permitted use and intended nature of activities and development of the property? Nursing home 25 Is a Special Exception necessary for your intended use? No 26 Is a Variance necessary for your intended use? No 27 Applicant's materials addressing required findings for granting a rezoning (attach). INFORMATION SPECIFICALLY RELATING TO A SPECIAL EXCEPTION 28 Describe the Special Exception sought: 29 Are there similar uses in the area? If so, describe them: 30 If a business , briefly describe the nature of the business, # of employees, hours of operation and any activities to be conducted outside of a building: Revised 11/08 Page 2of10 31 Applicant's materials addressing standards for granting a special exception (attach) 32 Applicant's materials addressing findings required for granting a special exception (attach) INFORMATION SPECIFICALLY RELATING TO A VARIANCE 33 Describe the Special Exception sought: 34 Describe the physical characteristics of the property that make the variance necessary. 35 Did you cause or contribute to the characteristic necessitating the variance? If so, describe: 36 What is the minimum variance necessary? 37 Applicant's materials addressing standards for granting a variance (attach) 38 Applicant's materials addressing findings required for granting a variance (attach) Confirmation of Information Accuracy 39 I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may resulting the summary denial of this application. Signature ' Printed Name Date Revised 11/08 Page 3 of 10 FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70 -340, page CD70:16 in the LDRs) It is the Applicant's responsibility to convince the Planning Board /BOA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his /her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. NO 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes 3. The proposed use will not have an adverse effect on the public interest. NO 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Yes 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. NO 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. Existing 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. NO 9. The proposed use has not been inordinately burdened by unnecessary restrictions. NO The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. Revised 1 1/08 Page 4 of 10 ( Print this page l Okeechobee County Property Appraiser - W.C. Bill Sherman, CFA - Okeechobee, Florida... Page 1 of 1 Okeechobee County Property Appraiser W.C. Bill Sherman, CFA - Okeechobee, Florida - 863 - 763 -4422 Parcel List Generator Current Offset Distance: 300 feet Run Again Land Use Filter: Li Show only REST HOMES (007800) Land Use type Target Parcel: 2- 09- 37- 35 -0A00- 00010 -0000 LIFESTYLES & HEALTHCARE LTD Owner's Name Site Address 1646 HWY 441 N , OKEECHOBEE Mailing 1646 HWY 441 N Address OKEECHOBEE, FL 349740000 Use Desc. (code) REST HOMES (007800) Tax District so () Neighborhood 528610.00 Land Area 4.319 ACRES Market Area 40 Description NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. UNPLATTED LANDS OF THE CITY BEG AT THE SE COR OF SEC 9 BEAR S 89 DEG 52 MIN 43 SEC W ALONG THE S LINE OF SEC 9 A DIST OF 132 FT, 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 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 ...more »> Sales 6/1/1990 315/746 WD I U 03 $100.00 8/1/1983 0/ WD V Q $300,000.00 Parcel List Output 10937350A00000110000 2 11037350A00000010000 3 11037350A00000018000 4 11037350A0000001C000 5 20937350A00000100000 6 20937350A0000010A000 7 31537350010000100010 8 3153735001000010001B 9 31537350010000100050 10 31537350010000200010 11 31537350010000200060 12 31537350010000200110 13 31537350010000200150 14 31537350010000200170 15 31537350010000200190 16 31537350010000200210 OKEECHOBEE HOSPITAL INC HAMRICK & SONS INC LIFESTYLES & HEALTHCARE LTD LIFESTYLES & HEALTHCARE LTD LIFESTYLES & HEALTHCARE LTD SENIORS "R" ABLE, INC HUSAIN SURAIYA, TRUSTEE MASON WILLIAM H HUSAIN MUZAFFAR, TRUSTEE HUSAIN MUZAFFAR TRUSTEE HUSAIN SURAIYA TRUSTEE JMK OF OKEECHOBEE INC HUSAIN MUZAFFAR TRUSTEE HUSAIN MUZAFFAR, TRUSTEE HUSAIN SURAIYA, TRUSTEE HUSAIN SURAIYA, TRUSTEE ATTN: HCA INDIRECT TAXES 1533 4TH AVE W APT 216 PO BOX 759 PO BOX 759 1646 HWY 441 N P 0 BOX 759 12138 DIEDRA COURT 1032 SW 20TH AVE 12138 DIEDRA COURT 12138 DIEDRA CT 12138 DIEDRA CT 945 SE 23RD STREET 12138 DIEDRA CT 12138 DIEDRA CT 12138 DIEDRA CT 12138 DIEDRA COURT http://www.okeechobeepa.com/GIS/GISbuffer.asp l Download Results PO BOX 1504 NASHVILLE, TN 372021504 BRADENTON, FL 342055913 OKEECHOBEE, FL 349730759 OKEECHOBEE, FL 349730759 OKEECHOBEE, FL 349740000 OKEECHOBEE, FL 349730759 ORLANDO, FL 328250000 OKEECHOBEE, FL 349740000 ORLANDO, FL 32825 ORLANDO, FL 32825 ORLANDO, FL 32825 OKEECHOBEE, FL 34974 ORLANDO, FL 32825 ORLANDO, FL 32825 ORLANDO, FL 32825 ORLANDO, FL 32825 7/1/1978 I $0 I I 1 U 12/27/1960 I $0 I V I Q 2/12/2004 I $102,000 I VIQ 9/26/2005 I $148,300 I VIQ 6/1/1990 I $100 1 1 1 U 4/15/1997 I $127,100 I VIQ 11/28/2005 I $0 I V I U 12/11/1996 I $10,000 I VIQ 11/28/2005 I $0 I V I U 12/30/2002 I $0 I V I U 12/24/2002 I $0 1 V I U 2/16/2004 I $160,000 1 VIQ 7/25/1996 1 $94,800 I IU 7/25/1996 I $94,800 I IU 5/8/1996 1 $0 I V I U 8/10/2005 I $0 1 1 1 U 7/16/2010 Okeechobee County Property Appraiser - W.C. Bill Sherman, CFA - Okeechobee, Florida... Page 1 of 1 Okeechobee County Property Appraiser W.C. Bill Sherman, CFA - Okeechobee, Florida - 863 - 763 -4422 Parcel List Generator Current Offset Distance: 100 Land Use Filter: Land Use type feet Run Again Show only REST HOMES (007800) Target Parcel: 2- 09- 37- 35 -0A00- 00010 -000C Owner's Name LIFESTYLES & HEALTHCARE LTD Site Address 1646 HWY 441 N , OKEECHOBEE Mailing Address 1646 HWY 441 N OKEECHOBEE, FL 349740000 Use Desc. (code) REST HOMES (007800) Tax District 5o () Neighborhood 528610.00 Land Area 4.319 ACRES Market Area 40 Description NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. UNPLATTED LANDS OF THE CITY BEG AT THE SE COR OF SEC 9 BEAR S 89 DEG 52 MIN 43 SEC W ALONG THE S LINE OF SEC 9 A DIST OF 132 FT, 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 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 more »> Sales 16/1/1990 315/746 WD I U 03 $100.00 8/1/1983 0/ WD V Q $300,000.00 Parcel List Output 1 10937350A00000110000 2 11037350A0000001B000 3 11037350A0000001C000 4 20937350A00000100000 5 20937350A0000010A000 6 31537350010000100010 7 31537350010000200010 OKEECHOBEE HOSPITAL INC LIFESTYLES & HEALTHCARE LTD LIFESTYLES & HEALTHCARE LTD LIFESTYLES & HEALTHCARE LTD SENIORS "R" ABLE, INC HUSAIN SURAIYA, TRUSTEE HUSAIN MUZAFFAR TRUSTEE Download Results I I Print this page ATTN: HCA INDIRECT PO BOX TAXES PO BOX 759 PO BOX 759 1646 HVVY 441 N P 0 BOX 759 12138 DIEDRA COURT 12138 DIEDRA CT http://www.okeechobeepa.com/GIS/GISbuffer.asp 1504 NASHVILLE, TN 372021504 OKEECHOBEE, FL 349730759 OKEECHOBEE, FL 349730759 OKEECHOBEE, FL 349740000 OKEECHOBEE, FL 349730759 ORLANDO, FL 328250000 ORLANDO, FL 32825 7/1/1978 1 $0 1 I 1 U 2/12/2004 1 $102,000 IVIQ 9/26/2005 1 $148,300 IVIQ 6/1/1990 1 $100 1 1 1 U 4/15/1997 1 $127,100 IVIQ 11/28/2005 1 $0 I V U 12/30/2002 1 $0 I V 1 U 7/16/2010 Planning Management Services, Inc. 375 Jackson Street, Suite 206 rt Myers, Florida 0-334-3366 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 47.50 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) 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 Page 1 of 1 Jackie From: "Jackie" <jdunham©cityofokeechobee.com> To: "Celeste Smith Watford" <celestesmith@ okeechobeecountytaxcollector .com >; "Angie Jones" <a.jones @okeechobeepa.com> Cc: "Lane" < Igamiotea @cityofokeechobee.com> Sent: Wednesday, September 29, 2010 1:00 PM Attach: Laserfiche Documents.zip Subject: Ordinance 1066 Please find attached Ordinance 1066 which was passed and adopted at the second and final public hearing to the City Council on September 28, 2010. This Ordinance relates to Petition 10 -003 -R which rezones a certain tract of land from Commercial Professional Office (CPO) to Heavy Commercial (CHV). Should you 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. 9/29/2010 Page 1 of 1 Jackie From: "Jackie" <jdunham©cityofokeechobee.com> To: "Jennifer L. Williamson" <jlw @crarybuchanan.com> Cc: "Lane" < Igamiotea @cityofokeechobee.com> Sent: Wednesday, September 29, 2010 12:56 PM Attach: Laserfiche Documents.zip Subject: Ordinance 1066 Please find attached Ordinance 1066 which was passed and adopted at the second and final public hearing to the City Council on September 28, 2010. Should you 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. 9/29/2010 AGENDA VIII. CDBG PUBLIC HEARING CONTINUED. A.1. b) Public comments and discussion for the CDBG Program for Fiscal Year 2010 Funding Cycle. CLOSE PUBLIC HEARING FOR CDBG 2010 FY PROGRAM - Mayor. IX. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to read by title only, proposed Ordinance No. 1066 regarding Petition No. 10- 003 -R, submitted by Jennifer Williamson, on behalf of property owner Lifestyles and Healthcare LTD, to rezone property from CPO to CHV - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1066 by title only. SEPTEMBER 28, 2010 - REGULAR MEETING & FINAL BUDGET HEARING - PAGE 3 OF 8 4 V COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk asked whether there were any comments or questions from the public? There were none. The Mayor then opened the floor for Council discussion. Council Member Watford asked, whether this was basically the same application? Ms. Phillips replied yes, but we will be starting all over again, holding a Citizens Advisory Task Force meeting in October along with a fair housing workshop, as well as City staff will be providing a few items. The 2009 application was designed to be modified into the 2010 application with ease. There will be future public hearings regarding the application. Council Member Watford moved that we submit a grant proposal for the Funding Cycle for 2010 for the CDBG grants; seconded by Council Member Williams. VOTE KIRK - YEA WATFORD - YEA MARKHAM - YEA WILLIAMS - YEA O'CONNOR • ABSENT MOTION CARRIED. MAYOR KIRK CLOSED THE CDBG 2010 FY PROGRAM FIRST PUBLIC HEARING AT 6:11 P.M. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION 6:12 P.M. Council Member Watford moved to read by title only, proposed Ordinance No. 1066 regarding Petition No. 10- 003 -R, submitted by Jennifer Williamson, on behalf of property owner Lifestyles and Healthcare LTD, to rezone property from Commercial Professional Office (CPO) to Heavy Commercial (CHV); seconded by Council Member Williams. VOTE KIRK - YEA WATFORD - YEA MARKHAM • YEA WILLIAMS - YEA O'CONNOR - ABSENT MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1066 by title only as follows: "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 COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 496 AGENDA IX. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. a) Motion to adopt proposed Ordinance No. 1066. b) Public comments and discussion. c) Vote on motion. B. 1. a) Motion to read by title only, proposed Ordinance No. 1067, amending the Land Development Regulations providing for Special Exception Uses of Commercial and Industrial zoned land for purposes of Nursing Homes - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1067 by title only. 2. a) Motion to adopt proposed Ordinance No. 1067. b) Public discussion and comments. SEPTEMBER 28, 2010 - REGULAR MEETING & FINAL BUDGET HEARING - PAGE 4 OF 8 COUNCIL ACTION - DISCUSSION - VOTE Council Member Markham moved to adopt proposed Ordinance No, 1066; seconded by Council Member Williams. Mayor Kirk asked whether there were any questions or comments from the public? There were none. Both the Planning Board and Planning Staff are recommending approval. Council noted that they discussed this petition at the first reading and no further discussion was necessary. VOTE KIRK - YEA WATFORD • YEA MARKHAM • YEA WILLIAMS - YEA O'CONNOR • ABSENT MOTION CARRIED. Council Member Watford moved to read by title only, proposed Ordinance No. 1067, amending the Land Development Regulations providing for Special Exception Uses of Commercial and Industrial zoned land for purposes of Nursing Homes; seconded by Council Member Williams. VOTE KIRK - YEA WATFORD - YEA MARKHAM • YEA WILLIAMS - YEA O'CONNOR - ABSENT MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1067 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE 716, LAND DEVELOPMENT REGULATIONS, AS AMENDED, AMENDING DIVISIONS 7, 8 AND 10; SECTIONS 90 -253, 90 -283, AND 90 -343; PROVIDING FOR SPECIAL EXCEPTION USES OF COMMERCIAL AND INDUSTRIAL ZONED LANDS FOR PURPOSES OF NURSING HOMES; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 1067; seconded by Council Member Williams Mayor Kirk asked whether there were any questions or comments from the public? There were none. There was a brief discussion at the first reading as to whether Council wanted to allow nursing homes as a permitted use in any zoning category. Administrator Whitehall again brought the matter up. The Council felt the ordinance was sufficient as presented. `INDEPENDENT _ maim NEWSPAPERS OKEECHOBEE NEWS 044 J STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 SON. 17th Street, Suite D, 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 attached...copy of advertisement being a : -c t 4'i 1 ;" 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 4/ I/7/ 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 worn to and subscribed before me this -Zv day of . 1 AD Notary Public, State of Florida at Large NOTARR LICSTATE OF FLORI Angie Bridges ,..„ :Commission #0D779718 • -' Expires: APR. 20, 2012 BONDED TWW ATLANTIC BONDING CO., INC. FL 34971 PUBLIC NOTICE CONSIDERATION OF ADOPTING A QTY ORDINANCE PLEASE TAKE NOTICE that the City Coundl of the City of Okeechobee, Florida will on Tuesday, September 28, 2010 at 6:00 p.m. or as soon there- after possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a PUB- LIC HEARING on and thereafter to consider final reading of the following Ordinance into law: 1066: AN ORDINANCE OF THE CITY OF OKEE- CHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP -OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERQAL PRO- FESSIONAL OFFICE (CPO) ZONING DISTRICT TO HEAVY COMMER- CIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. The Ordinance 0 regarding Rezoning Petition No. 10- 003-R, submitted by Jennifer Williamson, on behalf of property owner, Lifestyles and Healthcare LTD (Okeechobee Healthcare Facility), to change the zoning district from CPO to CHV, 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- ofokeechobee.com, or contact Administration, (863 763 -3372 x 212. A copy of the entire application(s) is available at the City Clerk's Office during regular business hours, Mon -Fri, 8am- 4 :30pm, except for holidays. • PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to ap- peal any derision made by the City Coundl 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 indudes 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 partidpate in this proceeding should contact the Administration Office at 863 - 763 -3372 for assistance. Lane Gamiotea, CMC, CITY CLERK 366278 ON 9/17/10. AGENDA VI. PUBLIC HEARING CONTINUED. C. 2. c) Vote on motion. CLOSE PUBLIC HEARING FOR ORDINANCES - Mayor. VII. NEW BUSINESS. A. 1. a) Motion to read by title only and set September 28, 2010 as a final public hearing date for proposed Ordinance No. 1066 regarding Petition No. 10- 003 -R, submitted by Jennifer Williamson on behalf of property owner Lifestyles and Healthcare LTD to rezone property from CPO to CHV - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1066 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 1066. b) Discussion. SEPTEMBER 14, 2010 - REGULAR MEETING & FIRST BUDGET HEARING - PAGE 5 OF 10 4 $ 1 COUNCIL ACTION - DISCUSSION - VOTE VOTE KIRK - YEA WATFORD • YEA MARKHAM - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING FOR ORDINANCES AT 6:18 P.M. Council Member Watford moved to read by title only, and set September 28, 2010, as a final public hearing date for proposed Ordinance No. 1066 regarding Petition No. 10- 003 -R, submitted by Jennifer Williamson on behalf of property owner Lifestyles and Healthcare LTD to rezone property from Commercial Professional Office (CPO) to Heavy Commercial (CHV); seconded by Council Member Williams. VOTE KIRK - YEA WATFORD - YEA MARKHAM - YEA WILLIAMS • YEA O'CONNOR - YEA MOTION CARRIED. Council Member Watford read proposed Ordinance No. 1066 by title only as follows: "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 COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." Council Member Markham moved to approve the first reading of proposed Ordinance No. 1066; seconded by Council Member Williams. Mr. Brisson briefly reviewed the petition, both the Planning Board and Planning Staff are recommending approval. Council Member Watford asked why CHV was being recommended? Mr. Brisson responded, because the recommendation from the Planning Board was to only allow nursing homes within Heavy Commercial as a Special Exception, Light Commercial and Industrial were not considered at the time the above amendment was discussed. 488 SEPTEMBER 14, 2010 - REGULAR MEETING & FIRST BUDGET HEARING - PAGE 6 OF 10 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VII. NEW BUSINESS CONTINUED. A. 2. b) Discussion continued on proposed Ordinance. No. 1066. c) Vote on motion. B. Request for reduction in parking for the Sacred Heart Catholic Church - Bishop Gerald M. Barbarito (Exhibit 5). C. Review of the 2010 Evaluation and Appraisal Report of the City of Okeechobee Comprehensive Plan - City Planning Consultant. It was also clarified to the Council that this property owner would not have to apply for a Special Exception, as this use was in existence prior to the Land Development Regulations being adopted. VOTE KIRK - YEA MARKHAM -YEA O'CONNOR -YEA WATFORD - YEA WILLIAMS • YEA MOTION CARRIED. The Sacred Heart Catholic Church is building a new facility which requires 167 parking spaces (as per Code Book Section 90 -512). The current facility has 127 parking spaces for a total of 294 required. The Church is proposing to use the existing 127 paved parking spaces, adding 61 more paved spaces and reserving 114 unpaved (grass) parking spaces. The Code Book allows the Council to reduce up to 75 percent of the required parking. This request is to reduce the parking by 64 percent and comes with a recommendation from the Technical Review Committee. Staff is also requesting the Council stipulate that the grass parking be reserved and that no permanent construction be erected on that area and should the City deem it required, the grass parking would then have to be paved. Council Member Watford moved to approve the (64 percent) parking reduction for Sacred Heart Catholic Church, approving to reduce the parking by 106 spaces, with the condition, future grass parking area, 114 spaces, not be used for any permanent construction and the City reserves the right to require the 114 spaces be paved should it be deemed necessary; seconded by Council Member Williams. VOTE KIRK - YFA MARKHAM - YFA CYCoNNoR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Every 10 years the City Council is mandated by the State to review the status of the Comprehensive Plan, make major revisions and set new goals, objectives and polices which will govern land development for the next 10 years. The review is entitled "Evaluation and Appraisal Report (EAR)." The Planning Board, acting as the City's Local Planning Agency has reviewed various issues over the last year. This is the next step in the process, which is to have the Council review a preliminary report, then it will be forwarded to the Department of Community Affairs. This is not an adoption, there will be several workshops and public hearings held next year for the official adoption process. Planning Management Services, Inc. 137 Jackson Street, Suite 206 Fort Myers. Florida 239-334-3306 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. 0 f4Sj AO 22 5.75 3,500.00 3,500.00 Thank You For This Opportunity to Serve You! Total $3,500.00 Page 1 of 1 Melisa Jahner From: "Melisa Jahner" <mjahner @cityofokeechobee.com> To: <jlw @crarybuchanan.com> Sent: Tuesday, September 07, 2010 2:36 PM Attach: 1066 10- 003 -R.pdf Subject: First Reading for Ordinance No. 1066 for rezoning Dear Ms. Williamson, Please be advised that the City Council will conduct a First Reading for your Rezoning Application No. 10- 003 -R, on Tuesday, September 14, 2010, 6:00 p.m. The Final Public Hearing is scheduled for Tuesday, September 28, 2010, 6:00 p.m. Attached herewith please find a copy of proposed Ordinance No. 1066. 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 these hearings please contact my office 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 9/7/2010 Planning tar Management Services, Inc. ,,on Street, Suite 206 'ort \1 E'r�.. F]ornd4 239-334-3366 lorida Local Governments Since 1988 Serving BILL TO City of Okeechobee Attn: Betty Clement 55 SE 3rd Avenue Okeechobee, FL 34974 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 of July 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 5105.00 per hour. 16.75 0.75 ,500.00 3 500.00 Thank You For This Opportunity to Serve You! Total $3,500.00 AGENDA V. OPEN PUBLIC HEARING • Chairperson. A. Application No. 10- 003 -SSA submitted by Jennifer Williamson to change the Future Land Use classification for 1646 Hwy 441 North, Lifestyles & Healthcare Ltd., from SF to C - Senior Planner. Application will be forwarded in ordinance form for a final Public Hearing on September 14, 2010 before City Council.. B. Petition No. 10 -003 -R submitted by Jennifer Williamson to change the Zoning for 1646 Hwy 441 North, Lifestyles & Healthcare Ltd. from CPO to CHV - Senior Planner. AUGUST 19, 2010 - PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS - PAGE 2 OF 4 ACTION • DISCUSSION • VOTE There were none. Mr. Brisson explained the property 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 LDRs in 1998, the CPO district then was divided as 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 FLUM, 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 LDRs. Board Member Burroughs moved to find the application consistent with the Comprehensive Plan and to recommend approval to City Council to change the land use designation from Single Family (SF) to Commercial (C) for property located at 1646 Hwy 442 North, Lifestyles & Healthcare Ltd., City of Okeechobee Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 10 -003 SSA; seconded by Board Member Brass. There was no discussion. VOTE MAXWELL • YEA KELLER- YEA BAUGHMAN • ABSENT HOOVER - ABSENT LUVIANO - YEA MOTION CARRIED. BURROUGHS • YEA MORGAN • ABSENT MCCOY - ABSENT BRASS• YEA Application will be forwarded in ordinance form for a final Public Hearing on September 14, 2010 before City Council. Mr. Brisson addressed the Board with the same presentation as the SSA. Board Member Burroughs moved to recommend to City Council to approve Rezoning Petition No. 10 -003 R, changing the zoning from Commercial Professional Office (CPO) to Heavy Commercial (CHV) for property located at 1646 Hwy 441 North, Lifestyles & Healthcare Ltd. , City of Okeechobee; seconded by Board Member Luviano. There was no discussion. AGENDA V. OPEN PUBLIC HEARING CONTINUED. B. Petition No. 10 -003 -R continued. Application will be forwarded in ordinance form for a final Public Hearing on September 28, 2010 before City Council. C. 2010 Evaluation and Appraisal Draft of the City's Comprehensive Plan - Senior Planner. VI. CLOSE PUBLIC HEARING - Chairperson. VII, NEW BUSINESS • Chairperson A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. AUGUST 19, 2010 - PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS • PAGE 3 OF 4 ACTION • DISCUSSION - VOTE VOTE MAXWELL • YEA HOOVER • ABSENT KELLER- YEA LUVIANO - YEA BAUGHMAN • ABSENT MOTION CARRIED. BURROUGHS -YEA MORGAN • ABSENT MCCOY - ABSENT BRASS• YEA Application will be forwarded in ordinance form fora final Public Hearing on September 28, 2010 before City Council. Mr. Brisson distributed an e-mail received from Chair Maxwell of concerns to be addressed in the EAR Draft with responses by Mr. Brisson. After some discussion by the Board, Mr. Brisson stated he would incorporate the changes requested by the Board before review and consideration from City Council. Board Member Burroughs moved to recommend to City Council the EAR Proposal of the City's Comprehensive Plan for review and consideration; seconded by Board Member Brass. There was no discussion. VOTE MAXWELL •YEA HOOVER• ABSENT KELLER- YEA LUVIANO - YEA BAUGHMAN • ABSENT MOTION CARRIED. BURROUGHS • YEA MORGAN - ABSENT MCCOY•ABSENT BRASS •YEA Mr. Brisson requested the Board change permitted use to Heavy Commercial (CHV) Zoning District to allow nursing homes. After some discussion the Board decided to allow nursing homes to CHV Zoning district by special exception. Board Member Burroughs moved to recommend to City Council to allow nursing home as a permitted use in the Heavy Commercial (CHV) Zoning District as a permitted use by special exception; seconded by Board Member Keller. AUGUST 19, 2010 - PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS • PAGE 4 OF 4 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 -DEPENDENT_ _ NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 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 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 O'Ll/ /e)Ci/ 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 ratter 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 fr t day of _ _.�t c ` t b AD Notary Public, State of Florida at Large 9 jai i. i, NOTARY PUBLIC -STATE OF FLORIDA "r " °% Angie Bridges Commission # DD779718 Expires: APR. 20, 2012 HONUE) THRU ATLANTIC BONDING CO., INC. (863) 763 -3134 c nu uc CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION 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, Rm 200, Okee- chobee, Florida. The agenda 5 available on the City website www.dtyofo- keechobee.com, or contact the General Services Department, bdement @cityofokeechobee.com, 863-763 -3372 x 218. Under consideration is Rezoning Petition No. 10- 003 -R, submitted by Jen- nifer Williamson, on behalf of property owners, Lifestyles and Healthcare LTD, for the purpose of changing the Zoning District, on approximately 4319 acres, from Commerdal Professional Office (CPO) to Heavy Commer- dal (CHV) for property located at 1646 N US Highway 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 line 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 point 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 Pont 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 tying and being in Sections 9 and 10; Township 37 South, Range 35 East. Induding, 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 r59s 00 feet fe 3 inches East a distance of 448.33 feet; thence bear South 00 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 comer 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 participate in said Hearing. The entire petition may be inspected during regular business hours, Mon -Fri, 8am-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 21, 2010. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any derision 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 includes 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- cial accommodation to participate in this proceeding should contact the General Services Office at 863 -763 -3372 for assistance. BY: Brian Whitehall, Zoning Administrator Petition No. 10 -003 -R 362125 ON 8/4,11/10 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 - 334 -3366 Fax: 239 - 334 -6384 LaRue Planning & Management Services, Inc. staff Report: Rezoning Prepared for : The City of Okeechobee Applicant: City of Okeechobee Petition No. 10-003-R lifestyles & Healthcare, LYD,) Staff Report Rezoning Applicant: City of Okeechobee Petition No.: 10 -003 -R General Information Owner: Address: Applicant: Applicant Address E -Mail Address: Contact Person: Future Land Use Map Classification Zoning District Use of Property Acreage 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 Services Coordinator Existing Residential Single - Family CPO Nursing Home 4.319 acres Proposed Commercial CHV Nursing Home 4.319 acres Location: 1646 Hwy. 441 N. PARCEL ID #2- 09- 37- 35 -0A00- 00010 -0000 Legal Description: 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 Rezoning Applicant: City of Okeechobee Petition No.: 10 -003 -R Description of the Request The matter before the Local Planning Agency and City Council is an application for a rezoning of a 4.319 acre property, located at 1646 Hwy. 441 North, from CPO to CHV. The property is and has been occupied by a Nursing Home since 1984. 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 also initiating an SSA to redesignate the property on the Future Land Use Map from Single - Family to Commercial and proposing to add a nursing home as a permitted use in the CHV district. These actions taken together will ensure that the Future Land Use Map, zoning and current use of the property are consistent and will remove the nonconforming status of the City's largest private employer. We believe the property's nonconforming status 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 Classification: Zoning District: Existing Land Use: 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 Rezoning Applicant: City of Okeechobee Petition No.: 10 -003 -R General Comments: The requested rezoning to CHV 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 need to ensure consistency between the zoning and the FLUM and the long- standing use of the property for a nursing home support the proposed rezoning to CHV. Analysis: Section 70 -340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. Staff Comments relating to each of the criteria are provided in bold typeface: The proposed use is not contrary to Comprehensive Plan requirements. Approval of the rezoning is intended to accompany the proposed change to Commercial on the FLUM. Rezoning to CHV will then be consistent with the Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. This application is also being accompanied by a proposed change to allow a nursing home in the CHV district as a permitted use. Prior to the 1998 adoption of the new LDC, hospitals and nursing homes were allowed as a special exception on the property. The requested change to allow a nursing home in the CHV district will treat nursing homes and hospitals equally, as they were in 1984. 3. The proposed use will not have an adverse effect on the public interest. A nursing home has long been operated on the property and the rezoning will have no effect on the public interest except that it will ensure that the City's largest private employer may continue as a permitted use rather than experience the difficulties associated with nonconforming status. 4 Staff Report Rezoning Applicant: City of Okeechobee Petition No.: 10 -003 -R 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. In light of its proximity to the hospital, this location has and will continue to be appropriate for a nursing home and even commercial uses, particularly those that are associated with the medical field. Surrounding properties are all vacant suitable for commercial and other urban uses which are compatible with a nursing home. The proposed use will not adversely affect property values or living conditions, or be detrimental to the improvement or development of adjacent property. Continued use as a conforming nursing home will have no adverse affect upon land values or living conditions in the area. 6. The proposed use can be suitably buffered from surrounding uses so as to reduce the impact of any nuisance or hazard to the neighborhood. Since no changes in the physical use are intended, the rezoning will result in no new need for buffering. The size of the property will provide ample opportunity for buffering should physical changes be made to the property in the future. 7. The proposed use will not create a density pattern that would over burden public facilities such as schools, streets and utility services. The facility has been operating for over 25 years and has created no burden on the ability of public facilities to continue to provide adequate levels of service. No changes in this status are expected as a result of the rezoning. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The facility has been operating for over 25 years and rezoning of the property to a classification that will allow the existing nursing home use will create no additional traffic, congestion, or drainage problems and will not affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. We are aware of no special burdens that would unnecessarily restrict development on this subject property. 5 Staff Report Rezoning Applicant: City of Okeechobee Petition No.: 10 -003 -R Recommendation: Based on the foregoing analysis, Staff recommends approval of the proposed rezoning from CPO to CHV. Submitted by: James G. LaRue, AICP August 10, 2010 Planning Board hearing: August 19, 2010 City Council Hearings: (1st) September 7, 2010 with Second reading scheduled thereafter. Attachments: Future Land Use Map, Zoning Map, and County Property Appraiser's Aerial 6 FUTURE LAND USE Lifestyle & Healthcare Property and Environs i 1 NW 11th Street td' r SINGLE - FAMILY MULTI - FAMILY RESIDENTIAL MIXED USE COMMERCIAL INDUSTRIAL PUBLIC FACILITIES 1 N 1 NE rith-t--I 64, NE Ld I I 300 0 a) c CD 300 600 Feet 41 H RSF1 RMH RSF2 ® RMF CPO 1 CLT CBD CHV IND 1 PUB N c m ZONING Lifestyle & Healthcare Property and Environs NW 11th Street 1 300 0 300 600 Feet 8 Okeechobee County Property Appraiser - Map Printed on 8/10/2010 10:55:27 AM o SUITE 101 ,01 SUITE 102' SUITE 103 UITE 104 :ItORS L f)' MEMORIAL HO S,P !TAT. .a�LAT,027.15.35 - LO N: A 80.49'43- ;ENTRANCE y � V X51 x1:.47.50 131.85 1219'.66 132;04 448.33 _ IFESTYLES AH EA L• HCARE:1Lp. 32:'°`.. "�.._ >- 446,36 -"t " 142.r 47 570 N - 1. 8.33 ■•■■1111116•491.5.11/4:,n5'7 0MI93 Okeechobee County Property Appraiser W.C. "Bill" Sherman, CFA - Okeechobee. Florida - 863- 763 -4422 PARCEL: 2- 09- 37- 35- OAOO- 00010 -0000 - REST HOMES (007800) 4'1!8 0 130 260 390 ft