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1123 #15-002-R County NC2 to City CHV Nursing HomeORDINANCE NO. 1123 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING TWO VACANT UNPLATTED PARCELS OF LAND MORE PARTICULARLY DESCRIBED HEREIN, EAST PARCEL ONE, FROM OKEECHOBEE COUNTY ZONING NEIGHBORHOOD COMMERCIAL -TWO tQ CITY OF OKEECHOBEE HEAVY COMMERCIAL ZONING DISTRICT, AND NORTH PARCEL TWO, OKEECHOBEE COUNTY ZONING AGRICULTURE TO CITY OF OKEECHOBEE HEAVY COMMERCIAL 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, Esquire, as Agent for the property owner(s), OHCF Properties, LLC, has heretofore filed Petition No. 15- 002 -R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning two vacant unplatted parcels of land consisting of 5.01 acres, East Parcel One, from Okeechobee County Zoning Neighborhood Commercial -Two (NC -2) to City of Okeechobee Heavy Commercial (CHV) Zoning District, and North Parcel Two, Okeechobee County Zoning Agriculture to City of Okeechobee Heavy Commercial (CHV) Zoning District, and that this request be removed from the boundaries of the above mentioned zoning district to allow for the processing of the rezoning petition; and WHEREAS, said petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the applicant, that such petition is consistent with the Comprehensive Plan; and WHEREAS, said petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on April 16, 2015, determined that such petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds such rezoning petition to be 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 consisting of approximately 5.01 acres, as the subject property, located in the City of Okeechobee, to -wit: EAST PARCEL (1 of 2): A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE PROCEED NORTH 89 °32'54" Ordinance No. 1123 - Page 1 of 3 EAST ALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK (ORB) 315, PAGE 746, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN ORB 315, PAGE 746 AND THE POINT OF BEGINNING. THENCE DEPARTING SAID SOUTH LINE, RUN NORTH 00 °00'07" WEST ALONG THE EAST LINE OF SAID PARCEL OF LAND DESCRIBED IN ORB 315, PAGE 746, A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID PARCEL OF LAND; THENCE DEPARTING SAID EAST LINE, RUN NORTH 89 °59'53" EAST, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 374.51 FEET TO A POINT ON THE WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT AS DESCRIBED IN ORB 49, PAGE 223 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH 31 °40'29" WEST ALONG SAID WEST LINE OF THE PERMANENT EASEMENT, A DISTANCE OF 289.01 FEET TO THE BEGINNING OF A CURVE TO THE LEFT IN SAID WEST LINE, SAID CURVE BEING CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 410.00 FEET AND A CENTRAL ANGLE OF 11 °32'39 "; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND CONTINUING ALONG SAID WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT, A DISTANCE OF 82.61 FEET TO THE INTERSECTION WITH THE AFORESAID SOUTH LINE OF SECTION 10; THENCE DEPARTING SAID WEST LINE OF THE TAYLOR CREEK EASEMENT, RUN SOUTH 89 °32'54" WEST ALONG SAID SOUTH LINE OF SECTION 10, A DISTANCE OF 186.72 FEET TO THE POINT OF BEGINNING AND CONSISTING OF APPROXIMATELY 2.04 ACRES; TOGETHER WITH NORTH PARCEL (2 OF 2): A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE PROCEED NORTH 89 °32'54" EAST ALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK (ORB) 315, PAGE 746, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEET TO THE SOUTHEAST CORNER OF SAID LANDS DESCRIBED IN ORB 315, PAGE 746; THENCE DEPARTING SAID SOUTH LINE, RUN NORTH 00 °00' 07" WEST, A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID LANDS DESCRIBED IN ORB 315, PAGE 746, ALSO BEING THE SOUTHEAST CORNER OF LANDS DESCRIBED IN ORB 219, PAGE 593 AND THE NORTHWEST CORNER OF SAID LANDS DESCRIBED IN ORB 524, PAGE 180, ALL PER THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE NORTH 00 °00'07" WEST, RUNNING ALONG THE EAST LINE OF SAID LANDS DESCRIBED IN ORB 219, PAGE 593, A DISTANCE OF 280.17 FEET; THENCE DEPARTING SAID EAST LINE, RUN NORTH 89 °59'53" EAST, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 547.38 FEET TO A POINT ON THE WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT AS DESCRIBED IN ORB 49, PAGE 223 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH 31 °40' 29" WEST, ALONG SAID WEST LINE OF THE PERMANENT EASEMENT, A DISTANCE OF 329.21 FEET TO THE NORTHEAST CORNER OF THE AFORESAID LANDS DESCRIBED IN ORB 524, PAGE 180; THENCE DEPARTING SAID WEST LINE OF THE TAYLOR CREEK EASEMENT, RUN SOUTH 89 °59' 53" WEST, ALONG THE NORTH LINE OF SAID LANDS DESCRIBED IN ORB 524, PAGE 180, A DISTANCE OF 374.51 FEET TO THE POINT OF BEGINNING AND CONSISTING OF APPROXIMATELY 2.97 ACRES. SECTION 2: ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject properties to be changed, East Parcel One, from Okeechobee County Zoning Neighborhood Commercial -Two (NC -2) to City of Okeechobee Heavy Commercial (CHV), and North Parcel Two, Okeechobee County Zoning Agriculture to City of Okeechobee Heavy Commercial (CHV) Zoning District. SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Ordinance No. 1123 - Page 2 of 3 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 become effective thirty -one (31) days after its adoption if the associated Comprehensive Plan Amendment (15 -001 -SSA) is adopted and not timely challenged. If the Comprehensive Plan is timely challenged, this ordinance shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining the Comprehensive Plan Amendment to be in compliance. INTRODUCED for First Reading and set for Final Public earin on this 5t" day %f May, 2015. ATT ST: Lane amiotea, C C, City Clerk PASSED AND ADOPTED after Second and Final Public 2015. ATTEST: Lane amiotea, C, City Clerk REVIEWEDFOR LEGAL UFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor arin• this 19t'' day of Ma Ordinance No. 1123- Page 3 of 3 James E. Kirk, Mayor City of Okeechobee General servrices 55 S.E. 3 Avenue, Okeechobee, Phone: (8631) Fax (863) 763 Department Room 101 Florida 34974 -2903 763 -3372, ext. 218 -1686 Date: 3/3 I l5 Petition No. 15 _ GO ,4- l Fee Paid: q7p, 3 o ta�•oo Jurisdiction: Pe, e' CL 1St Hearing: 4-11/(0116" 2nd Hearing: 515' ..' Sl iq 1 i S ti D t 3 Lli blicaon Dates: 3/aq E g Pu ;• 'f 8' Notices Mailed: 141./ 15 Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): OHCF Properties, LLC 2 Owner mailing address: P.O. Box 759, Okeechobee, FL 34973 3 Name of applicant(s) if other than owner Jennifer Williamson 4 Applicant mailing address: 759 SW Federal Hwy., Suite 106, Stuart, FL 34994 E -mail address: jlw @crarybuchanan.com 5 Name o contact person (state relationship): Attorney 6 7 Contact Property 1650 person daytime phone(s): 772 - 287 -2600 Fax: 772 - 223 -4362 PROPERTY INFORMATION address /directions to property: Hwy. 441 North, Okeechobee, FL 34972 / NE 19th Drive, Okeechobee, FL 34972 8 Describe current use of property: Undeveloped / Undeveloped Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. Vacant / Vacant , \\'' Source of potable water:'u Method of sewage disposal: • 10 Approx. acreage: 1.25 / 2.96 Is property in a platted subdivision? No / No Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: No / No 12 Is a pending sale of the property subject to this application being granted? No 13 Describe uses on adjoining property to the North: 'North: Vacant / Vacant ' East: Vacant / Vacant 'South: Vacant / Vacant / West: Nursing Home / Hospital (County) 14 Existing Zoning: NC2 / AG Future Land Use classification: C / AG OK rl ( 15 Have there property? Parcel B: been any prior rezoning, special exception, variance, or site plan approvals on the (_)No (.1 )Yes. If yes provide date, petition number and nature of approval. 8 -12 -04 Ordinance #2004 -R -152; AG to NC2 (County) 16 Request is for: (V) Rezone () Special Exception () Variance 17 Parcel Identification Number: 1- 10- 37- 35 -0A00- 00001 -B000 / 1- 10- 37- 35 -0A00- 00001 -0000 (Rev 09/14) Page 1 of 11 v Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signatur Printed Name Date Jennifer Williamson 3 -2 -15 For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 09/114) Page 2 of 11 REQUIRED ATTACHMENTS 18 Applicant's statement of interest in property: See attached. 19 Non - refundable application fee: Rezoning: $850 plus $30 /acre; Special Exception: $500 plus $30 /acre; Variance: $500 Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges B 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. 20 Last recorded warranty deed: 697 / 1365 21 Notarized letter of consent from property owner (if applicant is different from property owner) N/A 22 Three property a. Certified b. Legal c. Com surveys (one no larger than 11x17) containing: boundary survey, date of survey, surveyor's name, address and phone number description of property pertaining to the application utation of total acreage to nearest tenth of an acre 23 List of sirrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signatur Printed Name Date Jennifer Williamson 3 -2 -15 For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 09/114) Page 2 of 11 A ADDITION4AL INFORMATION tEQUIRED' FOR A REZONING Current 1 Pl ,IIco i zoning classification: NC2 / Acs at, rY ; Requested zoning classification CHV / CHV B Describe As to tooth the desired permitted use and intended nature of activities and development of the property? parcels: future expansion of Nursing Home and ALF. C Is a Special Nursing Exception necessary for your intended use? ( ) No (V) Yes If yes, briefly describe: Home and Assisted Living Facility are permitted in CHV after issuance of special exception use petition. D Is a Variance necessary for your intended use? Ni) No ( ) Yes If yes, briefly describe: E Attach a proposed contained number Of of servic Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips and level on all adjacent roadway Links with and without the project. N/A F Responses below. Attach addressing the required findings for granting a rezoning or change in Land Development Regulations as described additional sheets as necessary. See attached. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70 -340, LDR page CD70:16) It is the Applicant's responsibility to convince the Planning Board /LPA 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 bodies to find that: See attached. 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. 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. 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. (Rev 09/14) Page 6 of 11 Findings required for rezoning or change in land development regulations (cont.) 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 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. 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. (Rev 09/14) Page 7 of 11 ENGINEERING March 2, 2015 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 RE: OHCF PROPERTIES, LLC - Rezoning Application OHCF Properties, LLC owns approximately 4.21 acres located in Section 10, Township 37S, and Range 35E. This property is currently broken up into 2 parcel ID's: 1. 1- 10- 37- 35 -0A00- 00001 -B00 — 1.25 Acres currently located in Okeechobee County with a current zoning of NC -2 and a FLU of Commercial. L.t r YYI (,r ttf loan IR s'd.Qni-rct i Mt xe cL u 2. 1- 10- 37- 35 -0A00- 00001 -000 — 2.96 Acres currently located in Okeechobee County with a current zoning of Agricultural and a FLU of Agricultural. u funq ta. vk x1 idarth ct. ( mr xict The primary intent of rezoning these parcels is to bring all land owned at this location into uniform zoning with the current Nursing Home. The owner is planning an expansion and needs for the zoning to correspond to the proposed use which will be a Nursing Home and an Assisted Living Facility. This application is for the City to grant a rezoning on these two' parcels planned for annexation into the City of Okeechobee from the County to Heavy Commercial. The existing access to this property is from Highway 441N through the existing Nursing Home. OHCF Properties, LLC requests that the Planning Board recommend to the City Council to grant the request to rezone these parcels of land to Heavy Commercial. Responses to Standards for Considering Changes in Zoning: 1. The proposed change is not contrary to the Comprehensive Plan Requirements. These parcels are currently not addressed in the Comprehensive Plan as they are yet to be annexed. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The proposed use of Nursing Home and Assisted Living Facility is not currently authorized under the zoning district, however, Kt is allowed under the requested Heavy Commercial zoning with a Special Exception which will be requested under separate application. 3. The proposed use will not have an adverse effect on the public interest. The proposed land use change would have no effect on the public interest as the property under the same ownership has been a nursing home for years. 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. The proposed use is appropriate for the location and compatible with the adjacent land uses as Raulerson Hospital is to the northwest and the Nursing Home is to the west. None of the adjacent land uses will be adversely impacted. 1062 Jakes Way, Okeechobee, FL 34974 Phone: (863) 824 -7644 Cell: (863) 634 -0194 Email: sdobbs @stevedobbsengineering.com Website: www.SteveDobbsEngineering.com 5. The proposed use will not adversely affect property values or living conditions, or be a detriment to the improvement or development of adjacent property. As stated previously, the use has been the same on the property to the west and northwest for many years and if there were any impact to the factors above, they would have already been realized. 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. The property as proposed will be an expansion of the Nursing Home to the west, compatible and conveniently located to the Raulerson Hospital to the northwest, which should require no buffering. Taylor Creek is to the east and the City Limits Ditch is to the south, which provides adequate buffering from surrounding uses. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, Streets, and utility services. The use has not created nor will it create a density pattern that would overburden any of the public resources in the area. 8. The proposed use will be create traffic congestion, flooding, or drainage problems, or otherwise affect public safety. The use will not create nor have a detrimental impact to the factors stated above. This property is boarded on the south by the City Limits Ditch and to the east by Taylor Creek, and there is no plan to change existing drainage patterns, nor impact public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The prop sed use was previously planned to remain in Okeechobee County, but due to the required expansion of the Nursing Dome these parcels were required to be annexed into the City of Okeechobee. Sincerely, Steven L. Dobbs, P. E. President'. This Instrument Prepared By / Return To: Jennifer L. Williamson, Esquire CRARY, BUCHANAN, BOWDISH, BOVIE, BERES, ELDER & WILLIAMSON, CHARTERED 759 SW Federal Hwy, Ste. 106 Post Office Drawer 24 Stuart, F orida 34995 -0024 -11010 IBNII INNIIIN1INIIIIINM1 IIN 1II1N FILE NUIII 211 1001714 OR BYE 00697 PG 1365 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY/ FLORIDA RECORDED 02/22/2011 12:27 :32 PM AMT 10.0 0 RECORDING FEES $35.50 DEED DDC $0.70 RECORDED BY S Creech Pgs 1365 - 1363; (4aes) WARRANTY DEED ft" THIS WARRANTY DEED, Made and executed the / t day of February, 2011, by Seniors "R" Able, Ir1c., a Florida corporation, conveying an undivided 3% interest and Faye A. Haverlock, as Truste of the Faye A. Haverlock Family Trust UTA Dated May 4, 1992 conveying an undivided 97% int rest, whose post office address is P.O. Box 759, hereinafter collectively called the Grantor, to OHC Properties, LLC, a Florida limited liability company, whose post office address is P.O. Box 759, O eechobee, FL 34973, hereinafter called the Grantee: (Wherever used here instrument and the s ms "Grantor" and "Grantee" include all the parties to this and assigns of corporate entities) WITNESSETH: That the Gra considerations, receipt where sell, alien, remise, release, co Okeechobee County, Florida, to-Wit d in consideration of the sum of $10.00 and other valuable y acknowledged, by these presents does grant, bargain, nfirm unto the Grantee, all that certain land situate in See Exhibit "A" attache • Parcel ID # 1- 10- 37- 35 -0A0' •0• , 0, • and 1- 10- 37- 35- 0A00- 00001 -8000 de a part hereof THIS CONVEYANCE IS SUBJECT TO: (a) zoning, restrictions, prohibitions, and other requirements imposed by governmental authority; (b) restrictions and matters appearing on the plat or othetwise common to the subdivision; (c) public utility easements of record; and (d) taxes for the year 2011 and subsequent years. To Havle and to Hold, the same with all and singular the appurtenances thereto belonging or in anywisil3appertaining, and all the estate, right, title, interest lien, equity and claim whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee forever Grantor hereby covenants with Grantee that grantor is lawfully seized of the land in fee simple, has good right and lawful authority to sell and convey said land and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. It is ex4ressiy understood and agreed by and between the parties and all successors and assigns that th portion of this Deed delivered from the Grantor as Trustee is not delivered personally, but as Trustee under the Trust in exercise of authority conferred upon such Trustee therein. No personal liability or responsibility is assumed by or shall be enforceable against said Trustee, either express or implied. 1 Book697/Paqe1365 CFN #2011001714 Page 1 of 4 In Witness Whereof the Grantor has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above written. Signed, sealed and delivered in our ' resence:_ 4001114Plrr: PRI T NAME OF WIT ESS] [PRINT AME OF WITNESS] IN AME OF WIT N S] Witness SENIORS "R" ABLE, INC., a Florida corporation By: s� , Witness Faye A.i verlock Its: President cc,/ raNed.LL FAYE A. HAVERLOCK FAMILY TRUST UTA , Witness Dated May 4, 1992 [PRINT NAME OF WITNESS] STATE OF FLORIDA COUNTY OF OKEECHOBEE By: Faye‘averlock Its: Trustee r"- The foregoing instrument was acknowledged before me this /o p day of February, 2011 by Faye A. Haveriock, as President of Seniors "R" Able, Inc., a Florida corporation, on behalf of the Corporation. She is personally known to =..•NEB , , gtate bf Florida d .. Coed* DDO871034 i STATE OF FLORIDA 4172013 COUNTY OF OKEECHOBEE a:......Florid.Ncta' Min.. Inc s, The foregoing instrument was acknowledged before me this / day of February, 2011 by Faye A. Haveriock, as Trustee of the Faye A. Haveriock Family Trust UTA Dated May 4, 1992, on behalf of the Trust. She is personally �;; n to me. 1 s`, CrCt NOTARY - UBLI , State of Florida ' •• Aofde g Nt ary 47 1an201« 3 Inc 1 4N/ .•”k Book697 /Page1366 CFN #2011001714 Page 2 of 4 Exhibit A PARCEL 1 A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE PROCEED NORTH 89 DEGREES 32'54" EAST ALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 315, PAGE 746, OF THE PUBLIC RE ORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEET TO TH SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RE ORDS BOOK 315, PAGE 746 AND THE POINT OF BEGINNING. THNCE DEPARTING (... • I' ,-OUTH LINE, RUN NORTH 00 DEGREES 00'07" WEST ALONG THE EAST #• SAID PARCEL OF LAND DESCRIBED IN OFFICIAL RE ORDS BOOK 315, N� • . , A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID PARC f' • . • ND; THENCE DEPARTING SAID EAST LINE, RUN NORTH 89 DEGREES 59' c EA PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 374.51 a • • POINT ON THE WEST LINE OF THE TAYLOR CREEK PERMANENT EASEM ∎ . ESCRIBED IN THE OFFICIAL RECORDS BOOK 49, AGE 223 OF THE P %i_i ' • • • DS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH 31 ' G - +a_ Y's .'" WEST ALONG SAID WEST LINE OF THE PERMANENT EASEMENT, A DISTA - +F 289.01 FEET TO THE BEGINNING OF A CURVE TO THE LEFT IN SAI' ' =SAID CURVE BEING CONCAVE TO THE SOUTHEAST, HAVING A RADI - • 410.00 FEET AND A CENTRAL ANGLE OF 11 DEGREES 32'39"; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND CONTINUING ALONG SAID WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT, A DISTANCE OF 82.61 FEET TO THE INTERSECTION WITH THE AFOESAID SOUTH LINE OF SECTION 10; THENCE DEPARTING SAID WEST LINE OF THE TAYLOR CREEK EASEMENT, RUN SOUTH 89 DEGREES 32'54" WEST ALONG SAID SOUTH LINE OF SECTION 10, A DISTANCE OF 186.72 FEET TO THE POINT OF BEGINNING. PARCEL 2 A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE PROCEED NORTH 89° 32' 54" EAST ALONG THE SOUTH LINE OF SAID SECTION 10, Book!697 /Page1367 CFN #2011001714 Page 3 of 4 ALSO BEING THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK (ORB) 315, PAGE 746, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEET TO THE SOUTHEAST CORNER OF SAID LANDS DESCRIBED IN ORB 315, PAGE 746; THENCE DEPARTING SAID SOUTH LINE, RUN NORTH 00° 00' 07" WEST, A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID LANDS DESCRIBED IN ORB 315, PAGE 746, ALSO BEING THE SOUTHEAST CORNER OF LANDS DESCRIBED IN ORB 219, PAGE 593 AND THE NORTHWEST CORNER OF SAID LANDS DESCRIBED IN ORB 524, PAGE 180, ALL PER THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE NORTH 00° 00' 07" WEST, RUNNING ALONG THE EAST LINE OF SAI LANDS DESCRIBED IN ORB 219, PAGE 593, A DISTANCE OF 280.17 FEET; THNCE DEPARTING PE PENDICULAR TO A POINT ON THE WE DESCRIBED IN ORB COUNTY, FLORIDA; SAID EAST LINE, RUN NORTH 89° 59' 53" EAST, ECEDING COURSE, A DISTANCE OF 547.38 FEET TO F THE TAYLOR CREEK PERMANENT EASEMENT AS 223 OF THE PUBLIC RECORDS OF OKEECHOBEE THENCE RUN SOUTH 3 PERMANENT EASEMENT, A COFkNER OF THE AFOR " WEST ALONG SAID WEST LINE OF THE CE OF 329.21 FEET TO THE NORTHEAST DESCRIBED IN ORB 524, PAGE 180; THE1NCE DEPARTING SAID WEST SOUTH 89° 59' 53" WEST ALO T ORB 524, PAGE 180, A DISTA F THE TAYLOR CREEK EASEMENT, RUN H LINE OF SAID LANDS DESCRIBED IN 374.51 FEET TO THE POINT OF BEGINNING. Book697 /Page1368 CFN #2011001714 Page 4 of 4 Aj City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863 - 763 -3372 Fax: 863 - 763 -1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): OHCF Properties, LLC Mailing Address: P.O. Box 759, Okeechobee, FL 34973 Home Telephone: Work: 863 - 357 -2442 Cell: Property A- dress: 1650 Hwy. 441 North, Okeechobee, FL 34972 / NE 19th Drive, Okeechobee, FL 34972 J Parcel ID Number: 1- 10- 37- 35 -0A00- 00001 -B000 / 1- 10- 37- 35 -0A00- 00001 -0000 Name of Applicant: Jennifer Williamson Home Telephone: Work: 772- 287 -2600 Cell: The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions roay be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR DAY OF March 20 15 HAND AND SEALS THIS 3' Tats 0 , $,,Q-612 &_.....41 .i./ i)4�; t" ,/ ER, Faye A. Haverlock, Manager WITNESS / i i Before me the acknowledged power of attorney Notary Public: Commission OWNER undersigned authority personally appeared the owner(s) before me that they are the owner(s) of the real property for the purpose stated therein. Sworn and subscri- ( / / ' J1/( / / / i SEAL ('• ITNESS named above who upon being duly sworn described/above and that they executed -d.thiS 3 r_..". day_of. Marsh ,4;r44:4,, HOLLY M. EVERETT i Notary public - State of Florida ': My Comm.. Expires Apr 7, 2017 "'� Commission I EE 873534 '4 II 0% Bonded Through National Notary Assn. the 20 15 ' 1 Expires: 4/l"-- 7 - �/% (Rev 09/14) Page 5 of 11 Petition No. Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of !' 2jg 02-6 , and the assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this day of atur ' of Applicant Date Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me thist%)5 day of P.10111(a� ,32C /5- . Personally known to me or produced as identification and did not take an oath. Notary Public, State of Florida 2101111"1"0/4 4, 'Or ph3,? A'• Seal: . V X49 > (pt.* :o #FF 098011 ; Q z ,99y ./° • •an .qs� • Cc�,t //'.,'°014 * * STAFF * \\`. • (Rev 01/12) Page 3 of 1 1 SOU NDARY SURVF Y PRA PARED FOR: OhCF PROPERTIES, LLC. 511EET i OF i LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST OKEECHOBEE COUNTY, FLORIDA STANDARD NOTES: 1. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE SEARCH OR AN ABSTRACT. THIS OFFICE HAS NOT PERFORMED A SEARCH OF THE PUBLIC RECORDS FOR EXISTING EASEMENTS, RIGHTS —OF —WAY, ABANDONMENTS, ZONING SETBACKS OR DEED RESTRICTIONS. 2. "THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL UABILITY INSURANCE. ADDITIONS OR DELETIONS TO SURVEY MAP OR REPORT BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES." 3. THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND RAISED EMBOSSED SEAL OF THE SIGNING FLORIDA PROFESSIONAL SURVEYOR AND MAPPER. 4. UNLESS NOTED OTHERWISE, ALL BEARINGS AND DISTANCES SHOWN HEREON ARE PER PLAT OR DEED. 5. LOCATIONS OF BUILDING(S) ARE LIMITED TO THE ABOVE GROUND WALLS. FOOTERS OR FOUNDATIONS HAVE NOT BEEN LOCATED. 6. UNDERGROUND UTILITIES, IF ANY, HAVE NOT BEEN LOCATED. 7. SYMBOLS ARE NOT TO SCALE. PROJECT SPECIFIC NOTES: 1. SITE STREET ADDRESS: NOT ASSIGNED. 2. FLOOD ZONE: SITE APPEARS TO LIE WITHIN THE AREA SHOWN AS FLOOD ZONE "A ", PER THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA) NATIONAL FLOOD INSURANCE PROGRAM (NFIP) FLOOD INSURANCE RATE MAP (FIRM) OOR COMMUNITY NUMBER 120177, PANEL NUMBER 0200B, DATED 2/4/1981. 3. REFERENCES TO RECORDED DOCUMENTS SHOWN HEREON IS PER INFORMATION PROVIDED BY CLIENT OR DERIVED FROM SAME SHOWN ON TWPS, INC.'S BOUNDARY SURVEY OF ADJACENT LANDS, TITLED FOR "OKEECHOBEE HEALTH CARE FACILITY ", JOB NUMBER 18597, SHEET 1 OF 1, DATED 11/16/2004. STANDARD LEGEND: ASPH. (OR) ASP = ASPHALT. BFP = BACK FLOW PREVENTOR. BLDG. = BUILDING. BOC = BACK OF CURB. BOW = BACK OF (SIDE) WALK. CB = CATCH BASIN. CONC. = CONCRETE. COR. = CORNER. EOP = EDGE OF PAVEMENT. EOS = EDGE OF SHELL (ROCK). FC = FENCE CORNER. FL = FLOW L NE. FOC = FRONT OF CURB. MH = MANHOLE. NG = NATURAL GROUND /GRADE. OH = OVERHANG. OHU = OVERHEAD UTILITY (WIRES /LINES). P.O.B. = POINT OF BEGINNING. P.O.C. = POINT OF COMMENCEMENT. SRC = SET 5/8" IRON ROD & CAP STAMPED: "JOHN A. WILSON LS5157 ". WPP = WOOD POWER POLE. WSP = WOOD SERVICE POLE. STANDARD LEGEND (CONTINUED): ® = ELECTRIC RISER /VAULT /METER. ICI = TELEPHONE RISER /VAULT. D4 = WATER VALVE /METER. = FIRE HYDRANT. = STORM WATER MANHOLE. QS = SANITARY SEWER MANHOLE. = STORM WATER CURB INLET. PREPARED FOR: 1. OHCF PROPERTIES, LLC. JO. A, WILSOI1, PSM PROFESSIONAL SURVEYOR AND MAPPER LORIDA LICENSE NO. LS5157 FLORIDA CERTIFICATE OF AUTHORIZATION NO. LB7429 PROJECT INFO. BLOCK \ , EXPEDITION \ 5GJRVt YINC MAPPING DATE DRAWN /BY: 8- 29 -05/ RR DATE CHECKED /BY: 8- 30 -05 /JW FIELD SURVEY DATE: 7 -11 -05 FIELD BOOK /PAGE:1 /42 -45 &2/42 -56 io as o fir OFFICE: 304 NW 5th STREET — OKEECHOBEE OJECT /DWG. N0.` 05 -0035 MAIL: POST OFFICE BOX 1610 — OKEECHOBEE, FLORIDA 34973 \ PHONE: 863 - 357 -6688 FAX: 863- 357 -6684 John w— esm®earthiink.net BOUNDARY SURVF Y PRF.PARF.D rOK: OhC PROPERTIES, LLC. St1EET z OF s ( NE 9t, STREET 1 I T— PARCEL /D.: PARCEL /D. 1- 09- 37 -35- 1 1 I 1-09- 37- 35 -0A00— 00014 -0000 0A00- 00008— al (nI FOUND 4 X '7' CONCRETE MONUMENT CI NO 1. D. y EXISTING PROFESSIONAL CONDOMINIUM Si..* CP1ZPI .51/ EAST LINE 0 4/. ORB 219, PG. 593 FOUND PK NAIL WIN DISK RLS4276 "FOUND PK NAIL i$7H DISK RLS4276" ORB 219 PG. 593 C000 OP" / 0/ 7s` N / / NEST LINE- TA n OR CREEK PERMANENT / EASEMENT / ORB 49, PG. 223 / `1i // & (.? i414) / WO A' \V" / ( SUBA-CT TO BLANKET DRAINAGE EASEMENT) ORB 207, PG 180 & ORB 208, PG. 380 (SUSECT TO AMENDMENT 70 AGREEMENT CONCERNING DRAINAGE EASEMENT) ORB 546, PG 534 P.O.B. S W CORNER ORB 524 PG. 180 N89'59'53 "E (D)(M) 800.00' 1 i (BASE BEARING) t N.E. CORNER 1 NORTH ONE / ORB 315 _ PG 746 Z RECIPR I C' PG EASEMENTL 45' O� N 0 ORB 258, PO: 756 6 ORB 315 PG. 746 0 0O , PARCEL ID: 2- 09- 37- 35 -0A00 -00010 -0000 9 s 10 16 SOUTH LINE SECnON lo 448.36' N89'32'54 "E FOUND 5/8' IRON ROD $17H CAP STAMPED TAPS 1.86719" ORB 520 PG. 180 PARCEL ID: 1-10--37-35 - 0A00- 00001- 8000 (NORTH 14th STREET —P.B. '$ PG. 5) "AIRPORT DITCH II_ P.O.C. S.W. CORNER SEC1ON 10/37/35 7EX /S1IN 1 1 1 DRAINAGE 1 1 CANAL / / FOUND 5/8' IRON ROD 117H CAP STAMPED MPS LB67/9 NOKTh 200' 150' 100' 50' 0' 100' 200' 1 INCH = 200 FEET (1" = 200') PROJECT INFO. BLOCK DATE DRAWN /BY: 8- 29 -05/ RR DATE CHECKED /BY: 8- 30 -05 /JW FIELD SURVEY DALE: 7 -11 -05 FIELD BOOK /PAGE' :1/42 -45 &2/42 -56 OJECT/DWG. NO.: 05 -0035 EXPEDITION \ 5(JI 'Vt YING MAPPING-, 10 as 0 147 1 1 OFFICE: 304 NW 5th STREET — OKEECHOBEE Ks AIL• POST OFFICE BOX 1610 — OKEECHOBEE, FLORIDA 34973 PHONE: 863- 357 -6688 FAX: 863- 357 -6684 johnw— esmOeorthlink.net BOUNDARY SURVF Y PREPARE D FOR: OhC rKOfTJKTJt5 LLC. St1E ET 3 OF 3 DESCRIPTION A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE SAT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE PROCEED NORTH 89'32'54" EAST ALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK (ORB) 315, PAGE 746 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEET TO THE SOUTHEAST CORNER OF SAID LANDS DESCRIBED IN ORB 315, PAGE 746; THENCE DEARTING SAID SOUTH LINE, RUN NORTH 00'00'07" WEST, A DISTANCE OF 321.60 FEET TO THE NORTHEAS CORNER OF SAID LANDS DESCRIBED IN ORB 315, PAGE 746, ALSO BEING THE SOUTHEAST CORNER OF LANDS DESCRIBED IN ORB 219, PAGE 593 AND THE NORTHWEST CORNER OF SAID LANDS DESCRIBED IN ORB 524, PAGE 180, ALL PER THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE NORTH 00'00'07" WEST, RUNNING ALONG THE EAST LINE OF SAID LANDS DESCRIBED IN ORB 219, PAGE 593, A DISTANCE OF 280.17 FEET; THENCE DEPARTING SAID EAST LINE, RUN NORTH 89'59'53" EAST, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 547.38 FEET TO A POINT ON THE WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT AS DESCRIBED IN ORB 49, PAGE 223 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH 31'40'29" WEST ALONG SAID WEST LINE OF THE PERMANENT EASEMENT, A DISTANCE OF 329.21 ''FEET TO THE NORTHEAST CORNER OF THE AFORESAID LANDS DESCRIBED IN ORB 524, PAGE 180; THENCE DEPARTING SAID WEST LINE OF THE TAYLOR CREEK EASEMENT, RUN SOUTH 89'59'53" WEST ALONG THE NORTH LINE OF SAID LANDS DESCRIBED IN ORB 524, PAGE 180, A DISTANCE OF 374.51 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 2.965 ACRES, MORE OR LESS. NOTE CONCERNING ACCESS TO SUBJECT SITE: THE RECIPROCAL EASEMENT REFERENCED ON SHEET 2 PROVIDES ACCESS FROM U.S HIGHWAY 441 TO THE SUBJECT SITE. SAID EASEMENT ALSO PROVIDES ACCESS TO THE SITE IMMEDIATELY ADJACENT TO THE SOUTH (CURRENTLY TITLED TO LIFESTYLES Sc HEALTHCARE, LTD.) OF THE SUBJECT SITE. PROJECT INFO. BLOCK DATE DRAWN/BY: 8- 29 -05/ RR DATE CHECKED /BY: 8- 30 -05 /JW FIELD SURVEY DATE: 7 -11 -05 I FIELD BOOK /PAGE: 1/42 -45 &2/42 -56 PROJECT /DWG. NQ.: 05— EXPEDITION \ SUKVt YING & MAPPING Inc. DATE: REVISIONS BLOCK DESCRIPTION: BY: t o ne 9 t4s I i OFFICE: 304 NW 5th STREET — OKEECHOBEE MAIL: POST OFFICE BOX 1610 — OKEECHOBEE, FLORIDA 3497 \ \ PHONE: 863- 357 nw- -6688 e FAX: 863- 357 -6684 JohsmOearthlink,net J 7315 Projec8115 -145 Ok Healthcare Facility \Dwg \50,0y\15- 145Map1- rotated Ewg, 3/2/2015 3:5839 PM, Adobe PDF 0emporary31O5.p83 0 A _ N00'03'09 "E 2 91' CP Ozo1 go , O u - O SDZm \ \\ ASPHALI ORIV_ AS e 375 Pc. 746 Noo.00'o7 "w(D)(C) 321.60'(D)(0) Z 0 v NORTE ? q u \of RM�O gNer �2� FgS�ME -� oR4�� \ r B sg \ '''C X23 • \ m c�c/,mOD OnF to AO OPt 'i oD ^-IZO OD ll�C(n/�ACIA�'�r='1 f�rlA� rm OAf=rlA� mA 13 m Z m O m m m A N_ W N 1 3 n A OD ryZD m��m<ZZ m -m �rOi Om ON m. O�Zyn�pli llOmO U�tG � n Dc1 nln mod ;z: m r.�n �o DZ OO�cTO0o0AOOm -I O p m A m C Z - Z r ti N Ca Z.1 3 VDSO4 m- L TIVDS DIHddND O vv° SATE 3 /1sno 5 �A� DRAWN ST MOP COECKOS SR CADS n. GEOMATICS SERVICES Inc. PROFESSIONAL SURVEYORS & MAPPERS 1934 TUCKER COURT, FORT PIERCE. FLORIDA (772) 419 -8383 FAX (772) 408 -4209 CERTIFICATE OF AUTHORIZATION LB# 7673 REVISIONS PREPARED FOR: OHCF Properties, LLC LYING IN OKEECHOBEE COUNTY, FLORIDA BOUNDARY AND TOPOGRAPHIC SURVEY SOUTH FLORIDA WATER MANAGEMENT DISTRICT Regulation Department April 9,''2015 Chris Sopotnick Ecological Consulting of Florida 4755 S,E. Dixie Hwy. No. 1197 Port Salerno, FL 34992 Subject: Application No. 150331 -9 Permit No. 47- 00005 -IF Okeechobee County; Section 10 / Township 37 S / Range 35 E Dear Mr. Sopotnick: The District offers the following in response to your request for a determination of wetland boundaries located within the subject property. A site visit was conducted by District staff on April 8, 2015. Based on the site visit, and other site - specific information, this site contains wetlands as defined by Chapter 62 -340 Florida Administrative Code (FAC). The approximate project boundaries are identified on the attached aerial photograph. The area considered wetlands are in yellow crosshatching. This correspondence is an informal wetland determination pursuant to Chapter 373, Florida Statutes. It does not bind the District, its agents or employees, nor does it convey any legal rights, expressed or implied. Persons obtaining this informal wetland determination are not entitled to rely upon it for purposes of compliance with provision of law or District rules. A binding wetland determination may be obtained by petitioning the South Florida Water Management District for a wetland declaratory statement pursuant to FAC Rule 62 -340 or by applying for an Environmental Resource permit. The identified wetlands and, potentially other areas of the property not jurisdictional under State rules, may be wetlands and /or other waters of the United States under federal rules. Dredging or filling in such areas may require a Department of Army (DA) permit. Receipt of a state or local government permit does not obviate the need to obtain a DA permit prior to commencing work. For more information about the DA Regulatory Program, you may access the Corps' website at: www.saj.usace .army.mil /permit/index.html. You may also contact the local Corps regulatory office for additional information, at one of the following numbers: 561 -472- 3517, 561- 472 -3506, or 561 - 472 -3514. DISTRICT HEADQUARTERS: 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 • (800) 432 -2045 Mailing Address: PO BOX 24680 West Palm Beach FL, 33416 -4680 LOWER WEST COAST SERVICE CENTER: 2301 McGregor Boulevard, Fort Myers, FL 33901 • (239) 338 -2929 • (800) 248 -1201 • (863) 462 -5260 • (800) 250 -4200 ORLANDO SERVICE CENTER: 1707 Orlando Central Parkway, Suite 200, Orlando FL 32809 • (407) 858 -6100 • (800) 250 -4250 OKEECHOBEE SERVICE CENTER: 3800 NW 16 6 Blvd., Suite A, Okeechobee, FL 34972 4 David C Sopotnick April 9, 2015 Subject: Okeechobee Health Care Facility IWD Page 2 If you have any further questions, please contact me at (863) 462 -5260 extension 3007. Sincerely, Eve Raymond Environmental Analyst 3 Okeechobee Regulatory Service Center Attachments (Location Map, Soils Map, Wetland Diagram) cc: Faye Haverlock, Okeechobee Health Care Facility Steve Dobbs, Steven L. Dobbs Engineering, LLC Jennifer Williamson, Crary- Buchanan City of Okeechobee Planning and Zoning U.S. Army Corps of Engineers, Palm Beach Gardens US HIGHWAY 44 AIL Exhibit No: 1 Exhibit Created On: 2015 -04 -08 IOkeechobee COUNTY, FL REGULATION DIVISION Project Name: O H C F EAST EXPANSION 0 200 400 Feet N V/ Application Permit No: 47- 00005 -IF Application Number: 150331 -9 South Florida Water Management District ro 517090 517120 517150 Soil Map— Okeechobee County, Florida (NURSING HOME) 517180 517210 517240 517270 517300 27° 15 37 N g g 27° 15'37 N o VI l(▪ 1 ° �1.. k. 0 8 10- o 8 5 8 8 0 vi 0 0 0 0 10 0 ri O 8 27° 15'27'N 9 Ali C.s L G i, R 4 C1r,c,ka,i 0 8 517090 517120 517150 517180 Map Scale: 1:1,510 if printed on A portrait (8.5" x 11 ") sheet 517210 O 20 40 80 Meters 120 517240 Feet O 50 100 200 300 Map projection: Web Mercator Comer coordinates: WGS84 Edge tics: UTM Zone 17N WGS84 USDA Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 517270 517300 8 ti 8 8 0 0 M 9 27° 15'27'N 2/22/2015 Page 1 of 3 Soil Map — Okeechobee County, Florida NURSING HOME Map Unit Legend Okeechobee County, Florida (FL093) ld Unit Symbol Map Unit Name Acres In AO1 Percent of AO1 6 Manatee loamy fine sand, 5.4 depressional 19 Floridana, Placid, and 0.8 Okeelanta soils, frequently flooded 87.0% 13.0% Totals foil Area of Interest 6.2 100.0% USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 2/22/2015 Page 3 of 3 621 - Cypress 6179 - Mixed Wetland Hardwoods-Disturbed (exotics) w 0 50 100 200 300 Feet ■ ■ Ill■ SFWMD Application No. 150331-9 Date: 4/8/2015 Reviewer: Eve Raymond County: Okeechobee S1OfT37S/R35E /// = wetlands Dear Property Owner: City of Okeechobee 55 SE Third Avenue Tele: 863 - 763 -3372 Ext. 218 Okeechobee, FL Fax: 863 - 763 -1686 April 1, 2015 The Planning Board will be considering Rezoning Petition #15 -002 -R to rezone two vacant unplatted parcels consisting of approximately 5.01 acres from Okeechobee Cnty NC -2 & Agriculture to City of Okeechobee CHV. Located between the Okeechobee Healthcare Facility and the west bank of Taylor Creek, for the purpose of expanding the existing Nursing Home /ALF. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, April 16, 2015, 6 PM; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email:pburnette ancitvofokeechobee.com. The Planning Board will make recommendations conceming the petition to the City Council for consideration, at a final Public Hearing on May 19, 2015, 6 PM. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed /faxed. Respectfully, Patty M. Bumette General Services Coordinator City of Okeechobee 55 SE Third Avenue Tele: 863 - 763 -3372 Ext. 218 Okeechobee, FL Fax: 863 - 763 -1686 Dear Property Owner: April 1, 2015 The Planning Board will be considering Rezoning Petition #15 -002 -R to rezone two vacant unplatted parcels consisting of approximately 5.01 acres from Okeechobee Cnty NC -2 & Agriculture to City of Okeechobee CHV. Located between the Okeechobee Healthcare Facility and the west bank of Taylor Creek, for the purpose of expanding the existing Nursing Home /ALF. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, April 16, 2015, 6 PM; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or emall:pburnette cityofokeechobee.com. The Planning Board will make recommendations concerning the petition to the City Council for consideration, at a final Public Hearing on May 19, 2015, 6 PM. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed /faxed. Respectfully, Patty M. Burnette General Services Coordinator City of Okeechobee 55 SE Third Avenue Tele: 863 - 763 -3372 Ext. 218 Okeechobee, FL Fax: 863 - 763 -1686 Dear Property Owner: April 1, 2015 The Planning Board will be considering Rezoning Petition #15 -002 -R to rezone two vacant unplatted parcels consisting of approximately 5.01 acres from Okeechobee Cnty NC -2 & Agriculture to City of Okeechobee CHV. Located between the Okeechobee Healthcare Facility and the west bank of Taylor Creek, for the purpose of expanding the existing Nursing Home /ALF. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, April 16, 2015, 6 PM; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette (a7cityofokeechobee.com. The Planning Board will make recommendations concerning the petition to the City Council for consideration, at a final Public Hearing on May 19, 2015, 6 PM. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed /faxed. Respectfully, Patty M. Burnette General Services Coordinator Hamrick & Sons Inc. 601 12th Street W Bradenton, FL 34205 Okeechobee Hospital Inc. Attn: HCA Indirect Taxes P.O. Box 1504 Nashville, TN 37202 -1504 Husain Muzaffar Trustee 12138 Diedra Ct Orlando, FL 32825 OHCF Properties P.O. Box 759 Okeechobee, FL 34973 -0759 Lifestyles & Healthcare Ltd. 1646 Highway 441 North Okeechobee, FL 34972 Husain Suraiya Trustee 12138 Diedra Ct Orlando, FL 32825 Okeechobee Utility Authority 100 SW 5th Avenue Okeechobee, FL 34974 Okeechobee County Administrator Robbie Chartier 304 NW 2nd Street, RM 123 Okeechobee, FL 34972 William H. Mason 1032 SW 20th Avenue Okeechobee FL 34974 41 o 3 1.0 0) 0 r0CLOUn1.0 W O LC) 0 N 0 0 N N N N h- 0 N O 0 M M CO [t 0 O 'ct O O N N N UMM• d cnd MMM ti N- t` N f-- a a) O a) CO 0) M M c am') M N CO F-JJ _J _J JJJJ f/) LL LL LL LL LL LL LL LL LL W w w W WZmmtA CO 00000000 Z 0 0 0 Z O Z Z Z }cwwwgw < << Q W W W W J J J CC CC 00o00000000 CC Wcc DDwn ul Z Z 0 < O U 0 0 0 Q CC !— CC it CC I-- ti W N W_ W_ W al X 5 p 0 0 0 0 I— mOt cc)NcC)Mco o 0 a 0 fl O (7; O N N N a co r e-- s- r s- z 0 0 �o W J C w I w H W W jm CL __.1— �whW- Nr QO<(/) rDU) u. O 0J I-- HF O O z W Q J F_ Z~ MO �ZI"=D`��LL<L¢ uj C20)W°- wQ-3-� 7Z a_ cn in in .tx Z 0(=i)5 2cco 05 0 Ill 171 ° L zzzzz 0WT2u- cowQO« z2owwcncococoU) e= 42LLYDQDDD }020 -f 0122 2I2 H r4 o°000m000 W o0OOr• —!O N— CO d 000000000 CV 0 00000 r r O N a OOr-000ONN 0 0 0 0 0 0 0 0 0 1.-Ex 0 0 0 0 pp 0 pp 00000 W m 0 0 0 0 0 0 0 0 0 0000. CO m 0 o 0 0 0 0 0 0 0 u) z in La Lc) Lo in 6 6 6 J M M M M (1 M W t� t� t� ■ ti 1 ti t-- NI- () c? M M M co c �) M co cY) Lcs ix000)rr rrSri Q �- — 0 r r e1 �- 1 a., NNMMMMM —7�-T C OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE W.C. "BILL" SHERMAN, PROPERTY APPRAISER GIS /MAPPING DEPARTMENT 100 FEET SURROUNDING OWNERS OKEECHOBEE HOSPITAL INC 1- 09- 37- 35 -0A00 -00011 -0000 OHCF PROPERTIES LLC 1- 10- 37- 35 -0A00- 00001 -C 000 I LIFESTYLES & HEALTHCARE LTD 2- 09- 37- 35 -0A00- 00010 -0000 OHCF PROP RTIES LLC 1- 10- 37 -35 -' A00- 00001 -B000 HAMRICK & SONS INC 1- 10- 37- 35 -0A00- 00001 -0000 HUSAIN SURAIYA, TRUSTEE 3- 15- 37 -35- 0010- 00010 -0010 * Mufti V el- MASON WILLIAM H 3- 15 -37 -35 -0010 -00010 -001 B Russ Duncan CFE, Agriculture Appraiser/ &IS Mapper Date: 2/20/2015 THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON 300 FT SURROUNDING PROPERTY OWNERS V I) O) W 0 W 00 Ur) U) • LO N O O o O NC) C') M V () O r• P r` N 0 0) 0) N NC') co co H Z J J J J (/) H LL LL LL LL CITY NAME N W d' 0 0 W W W W 0 co m JZ000 =0www Q Y Y Y Zm000 0 O Ln 0 m 0 a 0 H J O W J 0 ~ • 0 J J H O O• (AW W W U W W O CL CL c0 QmaCL W -0°0 W 00a>- ° O Z • WW 0 LL0 ( /W 10 L1 LI- W(/)W W 1- M O 00 0 0 0 00 • o o 0 0 0 T. o o CO 0 0 1111 0 0 00 0 °o re W • O o 0 0 0 a W o 0 0 0 a9 CC 2000QQ a n 0 0 0 0 0 i_ ZinLoto(0Lr) • J M M M M M w 0 M M M M M m Q' Q) 0 0 0 0) Q O 7 O OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE W.C. "BILL" SHERMAN, PROPERTY APPRAISER GIS /MAPPING DEPAPTMENT 100 FEET SURROUNDING OWNERS I� 1 jia rp r , OKEECHOBEE HOSPITAL INC 1- 09- 37- 35 -0A00- 00011 -0000 OHCF 1 -10- PROPERTIES LLC/ - 35 -0A00- 00001 - 000 LIFESTYLES & HEALTHCARE LTD 2- 09- 37- 35 -0A00- 00010 -0000 HAMRICK & SONS INC 1- 10- 37- 35 -0A00- 00001 -0000 OHCF PROPERTIES LLC 1- 10- 37- 35 -0A00- 00001 -B000 Russ Duncan CFE, Agriculture Appraiser / 6t5 Mapper Date: 2/20/2015 \ THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON O G) CD = Co CD g-cn CD CD CD fl 0 r CD w cn .a v CO CD 14 13 00 0) w a) CA) eda CA) N IM X N 00 01 01 Cn m w El CD -n C X m X z -n 0 70 D 0 z 0 0 Z --I D 0 x O m X -< 0 z rn 0 0 -v 0 rn rn S r r n 0 D z c- m z z rn r n E cn O z M c 0 c rn 0 x rn rn 0 s 0 co rn rn N 0 z z 0 0 0 z v) C!) rn N 0 z z 0 M 0 N Qo 0 xi 0 c c 73 rn 0 0 -< 0 -a o C D -0 m O U) m 0 0 n z 0 rn NI 0 z z 0 73 0 E 0 x rn rn 0 0 co rn rn 0 0 c z -< I-OO-SI 'ON N011113d ONINOZ2I ONIIV3H OIl8fld dO 33110N CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863- 763 -3372 Fax: 863 - 763 -1686 CERTIFICATION FOR POSTING NOTICE OF PUBLIC HEARING FOR REZONING /SPECIAL EXCEPTION/VARIANCE PETITION(S) Instructions: 1. Must be posted on the subject property. 2. Must be posted prominently. 3. Must be visible from the most traveled street adjacent to the subject property. 4. There is no specific height or size requirement, provided that the sign can be easily seen by cars or pedestrians that pass by the subject property. 5. Must be posted beginning 15 days prior to the first Public Hearing and remain posted continuously during this time. When a second Public Hearing is required before the City Council, it must remain posted until the final Public Hearing has been conducted. 6. Must be removed within 7 days after the final Public Hearing. Petition Number(s): 1 5 - ®O to - R Date of 1st Public Hearing: Li -1 6- /5 J Address of subject property (or Legal if no address): 1 G 00 �4 414-1 N E 1 bn 'tie-- I, David 1111m , hereby certify that I posted the "Notice of Public Hearing" sign in accordance with the above instructions on 4- (- 15 , and will remove sign on 5-910-15 Date: 14 -( -15 STATE OF FLORIDA COUNTY OF OKEECHOBEE MyThe foregoing instrument was ack9owledged before me this 1 �� Oar' I mod tie 11 w o is personally known to me V or produced as identification. kf ?iitana 11Q. (signature) SEAL: Print, type or stamp name of Notary Notary Public State of Florida Patty M Bumette My Commission EE 218358 or or Expires 10/02/2016 Two ✓CCan+ 11, n p pa && J Cion s i +) t � o -C Gp ,io x i malei . 5.01 aC ^c s �rcxn Keec In ©loee, Cn tzi KC -a F ' n aui fixA 0.1111 ' 0-1 sec c hvbee, e v . Locoed be te ()L?cvx) eat!- kcare Tact Lill a no use s-1- {� an k o{ T &,y tor CretA 0: 515 Projects \15 -145 Ok Healthcare Facility\ Dwg \ Survey \15- 145Map1- rotateO.dwg, 3/2/2015 3:5239 PM. Adobe PDF (temporary)5705.8c3 0 07 NQO_2.91' 4 E_ � 2 ASPHALT DRIVE 5- PG. 746 N00'00'07 "W(D)(C) 321.60'(D)(C) 22.63 m I''9 . I.„ i3O 9 ti I ° o,' INt r 'S,0 ,' '° t�'� s s 9y \ 's q p ��, u \ N Z1, ' \ 0 II II T p II Co o II a \� \N c.1 Co O • N N O p\ N Ot 'C_ .0" v C co tiY \ \ \\ ' �'� � .. \ \ ° V< -roe s ;4/ 1 Q)( \ T --,..?-0,, ,QB \ \ \ C�'C1(C ", \ \e'er\ � V � of I r�. -+, rnII IIg \ \ o .\ N: , \ r� 19, AC ao \ \ FSt (/4 ' • ORi4C Rc 0 RFe� dIv3S ON FIV3S 3IHdVNO 0 vO v:. DATE: SCALE PET. ROOK : PAGE - DRAWN BY: MOP CHECKED D CARD FILE BYO 15- 145MAP GEOMAT /CS SERVICES Inc. PROFESSIONAL SURVEYORS & MAPPERS 1934 NCKER COURT. FORT PIERCE. FLORIDA (772) 419 -8383 FAX (772) 408 -4208 CERTIFICATE OF AUTHORIZATION LB// 7673 REVISIONS PREPARED FOR: OHCF Properties, LLC LYING IN OKEECHOBEE COUNTY, FLORIDA BOUNDARY AND TOPOGRAPHIC SURVEY VIII. PUBLIC HEARING CONTINUED A.2.b) Public comments and discussion continued for proposed Ordinance No. 1122. c) Vote on motion. B.1.a) Motion to read proposed Ordinance No. 1123 by title only regarding Rezoning Petition No. 15-002-R, redesignating 5.01± unplatted acres from Okeechobee County Zoning Neighborhood Commercial Two and Agriculture to City Heavy Commercial located between the Okeechobee Health Care Facility (1650 U.S. Hwy 441 North) and Taylor Creek.- City Planning Consultant (Exhibit 2). Planning.Board recommends approval. b) Vote on motion to read by title only. MAY 19, 2015 - REGULAR MEETING - PAGE 5 OF 12 The proposed use will not adversely affect property values or living conditions or be a deterrent to the improvement or development of adjacent property. The development potential of the adjacent vacant properties will likely be enhanced as opposed to being adversely affected. In regards to the proposed use being able to be suitably buffered from surrounding uses, the City Limits ditch along Northeast 14'h Street provides spatial buffering to the South and in addition the properties are zoned CHV so there is little need to buffer such lands from a parking lot. The proposed use should not have an effect upon density and will not overburden public facilities such as schools, streets, and utility services. It will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed use has not been inordinately burdened by unnecessary restrictions. City Clerk Gamiotea reported twelve notices were mailed to surrounding property owners with the signs posted on the property. No objections or comments received to date. Mayor Kirk asked whether there were any questions or comments from the public. There were none. KIRK - YEA RITTER - YEA CHANDLER - YEA O'CONNOR - YEA WATFORD - YEA MOTION CARRIED. Motion and second by Council Members Chandler and Ritter to read by title only, proposed Ordinance No. 1123 regarding Rezoning Petition No. 15-002-R, redesignating 5.01± unplatted acres from Okeechobee County Zoning Neighborhood Commercial -Two and Agriculture (AG) to City CHV located between the Okeechobee Health Care Facility (1650 U.S. Highway 441 North) and Taylor Creek. KIRK - YEA CHANDLER - YEA O'CONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1123 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING TWO VACANT UNPLATTED PARCELS OFLAND MORE PARTICULARLYDESCRIBED HEREIN, EAST PARCEL ONE, FROM OKEECHOBEE COUNTY ZONING NEIGHBORHOOD COMMERCIAL -TWO TO CITY OF OKEECHOBEE HEAVY COMMERCIAL ZONING DISTRICT, AND NORTH PARCEL TWO, OKEECHOBEE COUNTY ZONING AGRICULTURE TO CITY OF OKEECHOBEEHEA VY COMMERCIAL ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE." 91191 &M VIII. PUBLIC HEARING CONTINUED B.1.c) City Attorney to read proposed Ordinance No. 1123 by title only. 2.a) Motion to adopt proposed Ordinance No. 1123. b) Public comments and discussion. c) Vote on motion. MAY 19, 2015 - REGULAR MEETING - PAGE 6 OF 12 KIRK - YEA CHANDLER - YEA O'CONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. Council Member O'Connor moved to adopt proposed Ordinance No. 1123; seconded by Council Member Ritter. This property is subject of a preceding Comprehensive Plan Small Scale FLU Map Amendment, Application No. 15- 001 -SSA, adopted May 5, 2015, and further, the application is contingent upon annexation approval. The proposed use is for the expansion of the Okeechobee Health Care Facility. The recommendation for approval by the Planning Board is based on the Planning Staff Report findings as follows: the requested CHV zoning will be compatible with the Comprehensive Plan. The proposed nursing home use is specifically authorized as a Special Exception use under the zoning district, and will not have an adverse effect on the public interest. It is reasonably compatible with the adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns as the North and East existing uses are vacant, with a County FLU of Urban Residential Mixed Use (URMU), and County Zoning of AG. The existing use to the West is a Nursing Home Facility, with a Commercial FLU, and a zoning of CHV. Also to the West is the hospital which has a County FLU of CCMU and URMU and a County Zoning of RG. Finally, to the South the existing use is vacant, with a Single Family FLU, and Holding Zoning. The proposed use will not adversely affect property values or living conditions or be a deterrent to the improvement or development of adjacent property. It is suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. As a commercial use, it will not affect density or schools nor increase intensity, traffic, or the need for utility services. It will not create traffic congestion as one would not expect the modest expansion of facilities to significantly increase traffic and should have no adverse impacts upon public safety. The proposed improvements will be required to address drainage and stormwater standards. As the subject properties are located in the unincorporated portion of Okeechobee County, they have not been subject to City regulations. Upon annexation, the properties will be required to meet all applicable provisions of the City's Land Development Regulations. City Clerk Gamiotea reported nine notices were mailed to surrounding property owners and a sign was posted on the property. No objections or comments received to date. Mayor Kirk asked whether there were any questions or comments from the public. There were none. ,. KIRK - YEA RITTER - YEA CHANDLER - YEA O'CONNOR - YEA WATFORD - YEA MOTION CARRIED. Exhibit 2 May 19, 2015 ORDINANCE NO. 1123 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING TWO VACANT UNPLATTED PARCELS OF LAND MORE PARTICULARLY DESCRIBED HEREIN, EAST PARCEL ONE, FROM OKEECHOBEE COUNTY ZONING NEIGHBORHOOD COMMERCIAL -TWO TO CITY OF OKEECHOBEE HEAVY COMMERCIAL ZONING DISTRICT, AND NORTH PARCEL TWO, OKEECHOBEE COUNTY ZONING AGRICULTURE TO CITY OF OKEECHOBEE HEAVY COMMERCIAL 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, Esquire, as Agent for the property owner(s), OHCF Properties, LLC, has heretofore filed Petition No. 15-002-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning two vacant unplatted parcels of land consisting of 5.01 acres, East Parcel One, from Okeechobee County Zoning Neighborhood Commercial -Two (NC -2) to City of Okeechobee Heavy Commercial (CHV) Zoning District, and North Parcel Two, Okeechobee County Zoning Agriculture to City of Okeechobee Heavy Commercial (CHV) Zoning District, and that this request be removed from the boundaries of the above mentioned zoning district to allow for the processing of the rezoning petition; and WHEREAS, said petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the applicant, that such petition is consistent with the Comprehensive Plan; and WHEREAS, said petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on April 16, 2015, determined that such petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds such rezoning petition to be 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 consisting of approximately 5.01 acres, as the subject property, located in the City of Okeechobee, to -wit: EAST PARCEL (1 of 2): A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCEATTHE SOUTHWEST CORNER OF SAIDSECTION 10, THENCE PROCEED NORTH89°32'54" Ordinance No. 1123 - Page 1 of 3 EAST ALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK (ORB) 315, PAGE 746, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN ORB 315, PAGE 746 AND THE POINT OF BEGINNING. THENCE DEPARTING SAID SOUTH LINE, RUN NORTH 00°00'07" WESTALONG THE EAST LINE OF SAID PARCEL OF LAND DESCRIBED IN ORB 315, PAGE 746, A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID PARCEL OF LAND; THENCE DEPARTING SAID EAST LINE, RUN NORTH 89°59'53" EAST, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 374.51 FEET TO A POINT ON THE WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT AS DESCRIBED IN ORB 49, PAGE 223 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH 31040'29" WEST ALONG SAID WEST LINE OF THE PERMANENT EASEMENT, A DISTANCE OF 289.01 FEET TO THE BEGINNING OF A CURVE TO THE LEFT IN SAID WEST LINE, SAID CURVE BEING CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 410.00 FEET AND A CENTRAL ANGLE OF 11132'39'; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND CONTINUING ALONG SAID WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT, A DISTANCE OF 82.61 FEET TO THE INTERSECTION WITH THE AFORESAID SOUTH LINE OF SECTION 10; THENCE DEPARTING SAID WEST LINE OF THE TAYLOR CREEK EASEMENT, RUN SOUTH 89032'54" WEST ALONG SAID SOUTH LINE OF SECTION 10, A DISTANCE OF 186.72 FEET TO THE POINT OF BEGINNING AND CONSISTING OF APPROXIMATELY 2.04 ACRES; TOGETHER WITH NORTH PARCEL (2 OF 2): A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCEATTHE SOUTHWESTCORNER OF SAID SECTION 10, THENCE PROCEED NORTH 89032'54" EASTALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK (ORB) 315, PAGE 746, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEETTO THE SOUTHEAST CORNER OF SAID LANDS DESCRIBED IN ORB 315, PAGE 746; THENCE DEPARTING SAID SOUTH LINE, RUN NORTH 00'00' 07" WEST, A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID LANDS DESCRIBED IN ORB 315, PAGE 746, ALSO BEING THE SOUTHEAST CORNER OF LANDS DESCRIBED IN ORB 219, PAGE 593 AND THE NORTHWEST CORNER OF SAID LANDS DESCRIBED IN ORB 524, PAGE 180, ALL PERTHE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE NORTH 00`00'07" WEST, RUNNING ALONG THE EAST LINE OF SAID LANDS DESCRIBED IN ORB 219, PAGE 593, A DISTANCE OF 280.17 FEET; THENCE DEPARTING SAID EAST LINE, RUN NORTH 89°59'53" EAST, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 547.38 FEET TO A POINT ON THE WEST LINE OFTHE TAYLOR CREEK PERMANENT EASEMENT AS DESCRIBED IN ORB 49, PAGE 223 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH 31'40' 29" WEST, ALONG SAID WEST LINE OF THE PERMANENT EASEMENT, A DISTANCE OF 329.21 FEET TO THE NORTHEAST CORNER OF THE AFORESAID LANDS DESCRIBED IN ORB 524, PAGE 180; THENCE DEPARTING SAID WEST LINE OF THE TAYLOR CREEK EASEMENT, RUN SOUTH 89'59'53" WEST, ALONG THE NORTH LINE OF SAID LANDS DESCRIBED IN ORB 524, PAGE 180, A DISTANCE OF 374.51 FEET TO THE POINT OF BEGINNING AND CONSISTING OF APPROXIMATELY 2.97 ACRES. SECTION 2: ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject properties to be changed, East Parcel One, from Okeechobee County Zoning Neighborhood Commercial -Two (NC -2) to City of Okeechobee Heavy Commercial (CHV), and North Parcel Two, Okeechobee County Zoning Agriculture to City of Okeechobee Heavy Commercial (CHV) Zoning District. SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed Ordinance No. 1123 - Page 2 of 3 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 become effective thirty-one (31) days after its adoption if the associated Comprehensive Plan Amendment (15 -001 -SSA) is adopted and not timely challenged. If the Comprehensive Plan is timely challenged, this ordinance shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining the Comprehensive Plan Amendment to be in compliance. INTRODUCED for First Reading and set for Final Public Hearing on this 5" day of May, 2015. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 19" day of May, 2015. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1123- Page 3 of 3 Staff Report Rezoning Prepared for. - Applicant: Petition No.: The City of Okeechobee OHCF Properties, LLC 15-002-R NW239-334-3366 Planning t Management Services, Inc. 135j:ickson Street, Suite ?06 Fort Myers', Flurida Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: OHCF Properties, LLC Rezoning Petition No. 15-002-R General Information Site Address 1:650 Highway 441; North &--NEA9�' Dnve __ _ bkeectiobee FL�3497 v� ��n,.:H ContactPer"sons= f;SteuenLDobbs t Contact Phone�Number 863 63 4 G ConfactaEmail-0ddiiess.; .` stlobb�'s'@s a .0 '"' - �� L_. _ t_,vedobbsengtn`,eer':in:g�com.�:yENj -- �ExistIn9� ----- - -- - --Proposed_- — ---- on istrict D: --- -- -- -- g __. _ South parcel (Parcel 1)_ NC 2 (County Zoriing) ::,CHV _- Ncrtliparcel Agnculiural (Gounfy Zo.nirig) .'CHV_ o r ArM.4 •. ?�Use•ofProp�erty �r-3= FVaca�nt - South parcel (Parcel 1) ' 2:04 acres 2 04. acres _North: parcel (Parcel 2) 2;97 ,acres 2 97 acres * URMU = Urban Residential Mixed Use Legal Description of Subject Property Parcel Identification Numbers Parcel 1: 1-10-37-35-OA00-00001-B000: Parcel 2: 1-10-37-35-OA00-00001-0000 Serving Florida Local Governments Since 1988 Staff Report Rezoning Legal Description: PARCEL 1 Applicant's Name: OHCF Properties, LLC Petition No. 15-002-R A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE PROCEED NORTH 89 DEGREES 32'54" EAST ALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 315, PAGE 746, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 315, PAGE 746 AND THE POINT OF BEGINNING. THENCE DEPARTING OUTH LINE, RUN NORTH 00 DEGREES 00'07" WEST ALONG THE EAST SAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK315, ,A DISTANCE OF 321.60 FEETTO THE NORTHEAST CORNER OF SAID PARC ND; THENCE DEPARTING SAID EAST LINE, RUN NORTH 89 DEGREES 59' EA PERPENDICULARTOTHE PRECEDING COURSE, A DISTANCE OF 374.51 POINT ON THE WEST LINE OF THE TAYLOR CREEK PERMANENT EASEM SCRIBED IN THE OFFICIAL RECORDS BOOK 49, PAGE 223 OF THE P B RE DS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH 311) G " WEST ALONG SAID WEST LINE OF THE PERMANENT EASEMENT, A DIST F 289.01 FEET TO THE BEGINNING OF A CURVE TO THE LEFT IN SAID E SAID CURVE BEING CONCAVE TO THE SOUTHEAST, HAVING A RAD 410.00 FEET AND A CENTRAL ANGLE OF 11 DEGREES 32'39'; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND CONTINUING ALONG SAID WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT, A DISTANCE OF 82.61 FEET TO THE INTERSECTION WITH THE AFORESAID SOUTH LINE OF SECTION 10; THENCE DEPARTING SAID WEST LINE OF THE TAYLOR CREEK EASEMENT, RUN SOUTH 89 DEGREES 32'54" WEST ALONG SAID SOUTH LINE OF SECTION 10, A DISTANCE OF 186.72 FEET TO THE POINT OF BEGINNING. Book697/Pagel367 CFN#2011001714 Page 3 of 4 2 Serving Florida Local Governments Since 1988 Staff Report Rezoning PARCEL 2 Applicant's Name: OHCF Properties, LLC Petition No. 15-002-R A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE PROCEED NORTH 890 32'54t' EAST ALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK (ORB) 315, PAGE 746, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 446.36 FEET TO THE SOUTHEAST CORNER OF SAID LANDS DESCRIBED IN ORB 315, PAGE 746; THENCE DEPARTING SAID SOUTH LINE, RUN NORTH 00° 00' 07" WEST, A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID LANDS DESCRIBED IN ORB 315, PAGE 746, ALSO BEING THE SOUTHEAST CORNER OF LANDS DESCRIBED IN ORB 219, PAGE 593 AND THE NORTHWEST CORNER OF SAID LANDS DESCRIBED IN ORB 524, PAGE 180, ALL PER THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE NORTH 000 00' 07" WEST, RUNNINGALONG THE EAST LINE OF SAID LANDS DESCRIBED IN ORB 219, PAGE 593, A DISTANCE OF 280.17 FEET; THENCE DEPARTING SAID EAST LINE, RUN NORTH 89° 59' 53" EAST, PERPENDICULAR TOq1N CEDING COURSE, A DISTANCE OF 547.38 FEET TO A POINT ON THE WEF THETAYLOR CREEK PERMANENT EASEMENT AS DESCRIBED IN ORB223 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA;� THENCE RUN SOUTH 3`4� WEST ALONG SAID WEST LINE OF THE PERMANENT EASEMENORT, A CE OF 329.21 FEET TO THE NORTHEAST CORNER OF THE AFN DESCRIBED IN ORB 524, PAGE 180; THENCE DEPARTING SAID WEST LI F THE TAYLOR CREEK EASEMENT, RUN SOUTH 89'59'53n WEST ALO T H LINE OF SAID LANDS DESCRIBED IN ORB 524, PAGE 180, A DISTA 374.51 FEET TO THE POINT OF BEGINNING. Book697/Page1368 CFN#2011001714 Page 4 of 4 3 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: OHCF Properties, LLC Rezoning Petition No. 15-002-R Request The matter before the Local Planning Agency and City Council is a request to apply CHV zoning to the same two vacant parcels of land that are the subject of the preceding Small Scale Amendment (SSA) to the Comprehensive Plan. The current and proposed zoning, use, and acreage of each parcel are shown in the table on page 1. Adjacent Future -Land Use Map Classifications and Zoning Districts Zoning District ,.� ;jt, t, :; : ,a� Agnculfural`(Coun _zoning), Future Land Use Map Classification Agricultural & URMU (County FLUM) East Zoning District Agricultural (County zoning) Existing Land Use: Vacant land West Exisfing Land Use -, acanf;land �. J. Future Land Use Map Classification CCMU** & URMU (County FLUM) Zoning District: RG (County zoning) CHV (City zoning) Existing Land Use: Nursing Home and Hospital * URMU = Urban Residential Mixed Use ** CCMU = Commercial Corridor Mixed Use 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. The Appli- cant has provided a brief comment to each of the required findings. These have been copied directly from the Application and repeated on the following pages in Times Roman typeface. Staff comments, in this Arial typeface follow the Applicant's statements. 51 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: OHCF Properties, LLC Petition No. 15-002-R 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "These parcels are currently not addressed in the Comprehensive Plan as they are yet to be annexed." Staff Comment: This rezoning application is being addressed concurrently with the Applicant's request for annexation into the City and for a Small Scale Amendment (SSA) to the City's Future Land Use Map (FLUM) to designate the subject parcels Commercial on the FLUM. Assuming the amendment is approved, the requested CHV zoning will be compatible with the Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. "The proposed use of Nursing Home and Assisted Living Facility is not currently authorized under the zoning district, however, it is allowed under the requested Heavy Commercial zoning with a Special Exception which will be requested under separate application." Staff Comment: Nursing homes are listed under subsection 90-283(22) as a Special exception use in the CHV Zoning District. I The proposed use will not have an adverse effect on the public interest. "The proposed land use change would have no effect on the public interest as the property under the same ownership has been a nursing home for years." Staff Comment: The Applicant has stated that the parcels proposed for rezoning are to be used to accommodate an expansion of the existing nursing home and to provide water retention for the expansion and the improved parking on the parcel adjacent to U.S. 441. We do not envision such improvements having any adverse impact on the public interest. 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. "The proposed use is appropriate for the location and compatible with the adjacent land uses as Raulerson Hospital is to the northwest and the Nursing Home is to the west. None of the adjacent land uses will be adversely impacted." ;ate 5 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: OHCF Properties, LLC Petition No. 95-002-R Staff Comment: The proposed uses of the subject properties will be directly associated with the existing use to the west and will gain vehicular access from the same private roadway, therefore, the proposed use is appropriate for the location. The proposed expansion of the existing nursing home facility onto Parcel 1 will be relatively similar in scale and impact upon the vacant single-family zoned properties to the south as is the current nursing home, and possibly less so. These properties are separated from the existing and proposed uses by the City Limits Ditch, which appears to be about 35 feet wide. Properties to the east of the subject properties are separated from the nearest neighboring properties by Taylor creek. The proposed use of the northern property (Parcel 2) should have little or no impact upon Raulerson Hospital or the vacant property to the north. In summary, we agree the use is appropriate for the location, is reasonably compatible with adjacent uses, and is consistent with the urbanizing land use pattern in the area. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. "As stated previously, the use has been the same on the property to the west and northwest for many hears and if there were any impact to the factors above, they would have already been realized." Staff Comment: We agree that the nature and scale of the proposed improvements are not significantly different from that already in existence and should not appreciably affect property values, living conditions or development potential of adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood "The property as proposed will be an expansion of the Nursing Home to the west, compatible and conveniently located to the Raulerson Hospital to the northwest, which should require no buffering. Taylor Creek is to the east and the City Limits Ditch is to the south, which provides adequate buffering from surrounding uses." Staff Comment: We agree that the similar character of the two existing uses in the immediate vicinity (Raulerson Hospital and the Nursing Home) negates the need for buffering between these two uses. Similarly, the spatial buffers afforded by the City Limits Ditch to the south and Taylor Creek to the east should provide adequate protection for the properties to the immediate south and east. �►.-�;;� — — 6 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: OHCF Properties, LLC Petition No. 95-002-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The use has not created or will it create a density pattern that would overburden any of the public resources in the area." Staff Comment: As a commercial nursing home, neither density nor schools are affected. The expansion of the nursing home as proposed represents only a modest increase in the number of rooms. Neither the increase of 18 rooms nor the expansion of the ancillary facilities associated with the increased capacity will result in a significant increase in intensity, traffic, or the need for utility services. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The use will not create nor have a detrimental impact to the factors stated above. This property is boarded on the south by the City Limits Ditch and on the east by Taylor Creek, and there is no plan to change existing drainage patterns, nor impact public safety." Staff Comment: We do not expect the modest expansion of facilities to significantly increase traffic and should have no adverse impacts upon public safety. The proposed improvements will be required to address SFWMD stormwater standards and City drainage requirements. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The proposed use was previously planned to remain in Okeechobee County, but due to the required expansion of the Nursing Home these parcels were required to be annexed into the City of Okeechobee." Staff Comment: As the subject properties are located in the unincorporated portion of Okeechobee County, they have not heretofore been subject to City Regulations. Upon annexation the properties will be required to meet all applicable provisions of the City's LDRs. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: OHCF Properties, LLC Rezoning Petition No. 15-002-R Based on the foregoing analysis, we recommend the subject parcels be zoned CHV. Submitted by: , � a 0 &' r,,_ - Wm. F. Brisson, AICP Planning Consultant April 8, 2015 Planning Board Hearing: April 16, 2015 City Council, 1St Reading: May 5, 2015 City Council 2"d Reading: May 19, 2015 Attachments: Future Land Use, Subject & Environs Zoning, Subject & Environs Existing Land Use, Subject & Environs Serving Florida Local Governments Since 1988 'fit 1�.,�. r/.�'..;5:', t'� � •[�:: :.1.!: •;i -••:::.f 5^.t•,, �'"•=•f•J---=. �� N__ _�:C_:_� ��:L_:.�°L-"ii.�._„':'r:�- .�<<r.''a.” -:. ::, - •' S ��i)1,[i NfI, ff a, t•IY` � t . '4 re •/ t 1 E a i ')e► „ .1 tit{ ZtlHt'41. IT URMU �• h' J r T i �Yc ,� `i i GT�is�t T.,>`til' ' 1'. t�.'..i int ,t` Subject: Property �•. .: tiyv�4'i� ��W.'Y•i,i.�ri s+soii� It �r {t ... �E. r � 1j, 14 err•^"� 3 I,M �1; h •W"t1 Y` f{, �. ® C'yw�^1iJ�S � f v � l�: t ^ x J}i+Ig, �L � esC: _i - 1.... 9,�. Ty�{;:�,; '.:/:. T.,."'77' ,,� •A�c: [: �.M r 1 i.. 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USA 863-763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, thatthe ttached copy of advertisement being a .�Q i ,r-) . 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 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 further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement/ for publication in the said newspaper. i Katrina Elsken Sworn to and bscribed be ore me this day of d i _AD Notary Public, States of Florida at Large L&— n.emix. oANGIE BRIDGES MY COMMISSION # EE 177653 �• a EXPIRES: April 20, 2016 pF'h? Bonded Thnl Notary Public Underwriters PUBLIC NOTICE CONSIDERATION OFADOPTING A CITY ORDINANCE IS HEREBY GIVEN that the City Council of the City of Okeed conduct a Public Hearing on Tues, May 19, 2015, at 6 PM., or leafter posslIle, at City Hall, 55 SE Ind Ave, Okeechobee, FL, )nal reading Por adoption of the followingg Ordinance into law: f N ORDINANCE OF THE CITY OF OKEECHOBEE, FLOR70 NG THE OFFICIAL ZONING MAP OF THE CITY OF OKE BY REZONING TWO VACANT UNPLATTED PARCELS I ORE PARTICULARLY DESCRIBED HEREIN, EAST PARC Cm , AND TO i MAP ,AND The Ordinance is regarding Rezoning Petition No. 15-002-R, submitthd b� Mrs. Jennifer =n illiamson, as AAddgqent for the property owner, of OHCF Properties 5.ULC01 acres bwtedntbetweenthUrepOkeechobee Health Care Fanl yPr(1650tU1� Hwy q41 North) and Taylor Creek. The proposed use is for the purpose o expanding the existing nursing home/asststed living facility. Legal: Parcel One (East Parcel): A parcel of land tying in Section 10, Township 37 South, Range 35 East, Okeechobee County, Flori• da, being more par . ularh described as follows: commence at the Southwest corner of said on 10, thence proceed North 89° 32' 54" East along the South line of said Section 10, also being the South line of that parcel of land described in OR Book 315, Paye 746, of the Public Records of Okeechobee County, Florida, a dis- tance 0f 448.36 feet to the Southeast comer of that parcel of land described in OR Book 315, Page 746, and the point of beginning. Then departing said South line, run North 00100'07" West along the East line of said parcel of land described in OR Book 315, Page 746, a distance of 321.60 feet to the Northeast comer of said par- cel of land; thence departing said East line, run North 89°5953" East perpendicular to the preceding course, a distance of 374.51 feet to a point on the West fine of the Taylor Creek permanent easement as described in OR Book 49, Page 223, of the Public Records of Okeechobee County, Florida; thence run South 31°40'29" West along said West line of the permanent easement, a distance of 289.01 feet to the beginning of a curve to the left in said West line, said curve being concave to the Southeast, having a radius of 410.00 feet and a central angle of 11°32'39"; thence .Southerly along the arc of said curve and continuing along said 1West line of the Taylor Creek permanent easement, a distance of 82.61 feet to the intersection with the aforesaid South line of Sec- tion 10; thence departing said West line of the Taylor Creek ease- ment, run South 89°32'54" West along said South line of Section 10, a distance of 186.72 feet to the point of beginning and consist- ing of approximately 2.04 acres; together with Parcel Two (North Parcel): A parcel of land tying in Section 10, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: commence at the Sou west corner of said Section 10, thence proceed North 89°32'54" East along the South line of said Section 10, also being the South line of that parcel of land described in OR Book 315, Page 746, of the Public Records of OkeechobeeCounty Florida, a distance of 448.36 feet to the Southeast comer of said lands de- scribed in OR Book 315, Page 746; thence departing said South line, run North 00°00'07" West, a distance of 321.60 feet to the Northeast comer of said lands described in OR Book 315, Page 746, also being the Southeast corner of lands described in OR Book 219, Paagge 593, and the Northwest corner of said lands described in OR Boak 524, Page 180, all per the Public Records of Okeechobee County Florida, also being the Point of beginning of this descrip- tion; t�ience continue North 00°00'07" West, running along the East line of said lands described in OR Book 219, Page 593, a dis- tance of 280.17 feet; thence departing said East line, run North. 89°59'53" Easy perpendicular to the preceding course, a distance' of 547.38 feet to a point on the West line of the Taylor Creek per- manent easement as described in OR Book 49, Page 223 of the Public Records of Okeechobee County Florida, thence run South 31°40'29" West along said West line oVthe permanent easement' a distance of 329.21 feet to the Northeast comer of the aforesaid lands described in OR Book 524, Page 180; thence departing said West line of the Taylor Creek easement' run South, 89°59'53" West along the North line of said lands described in OR Book 524, Page 180, a distance of 374.51 feet to the point of beginning and consisting of approximately 2.97 acres. All members of the public are encouraged to attend and participate in said Hearing. The proposed ordinance may be inspected in its entirety by mem- bers of the public at the Office of the City Clerk during normal business hours, Mon -Fri, 8:00 AM -4:30 PM, except for holidays. ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par- ticipate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863.763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any kem on the agenda; a copy of the document, picture, video, or Item MUST be provided to the City Clerk for the City's records. By: City Clerk lane Gamiotea, CMC MAY 5, 2015 -REGULAR MEETING -PAGE 8 OF 15 AGENDA COUNCILACTI01 DIS,CUSSI®N��/,OTE X. NEW BUSINESS CONTINUED B.1.a) Motion to read by title only, and set May 19, 2015, as a final public hearing Council Member O'Connor moved to read by title only, and set May 19, 2015, as a final public hearing date for date for proposed Ordinance No. 1123 regarding Rezoning Petition No. proposed Ordinance No. 1123 regarding Rezoning Petition No. 15-002-R, redesignating 5.01+1- unplatted acres from 15-002-R, redesignating 5.01+l- unplatted acres from Okeechobee Okeechobee County Zoning Neighborhood Commercial Two and Agriculture to City Heavy Commercial located County Zoning Neighborhood Commercial Two and Agriculture to City between the Okeechobee Health Care Facility (1650 U.S. Highway 441 North) and Taylor Creek; seconded by Council Heavy Commercial located between the Okeechobee Health Care Facility Member Watford. (1650 U.S. Highway 441 North) and Taylor Creek.- City Planning Consultant (Exhibit 4) Planning Board recommends approval. b) Vote on motion to read by title only and set final public hearing date.III VOTE KIRK - YEA CHANDLER - YEA O'CONNOR - YEA BITTER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1123 by title only. Attorney Cook read proposed Ordinance No. 1123 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING TWO VACANT UNPLATTED PARCELS OF LAND MORE PARTICULARLY DESCRIBED HEREIN, EAST PARCEL ONE, FROM OKEECHOBEE COUNTYZONING NEIGHBORHOOD COMMERCIAL -TWO TO CITY OF OKEECHOBEE HEAVY COMMERCIAL ZONING DISTRICT, AND NORTH PARCEL TWO, OKEECHOBEE COUNTY ZONING AGRICULTURE TO CITY OF OKEECHOBEE HEAVY COMMERCIAL ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE." 2.a) Motion to approve the first reading of proposed Ordinance No. 1123.II Motion and second by Council Members Chandler and Watford to approve the first reading of proposed Ordinance No. 1123. b) Public comments and discussion. Mr. Brisson presented the Planning Staff Report and recommendation for approval by the Planning Board. This property is subjectof the preceding Comprehensive Plan Small Scale FLUM Amendment, Application No. 15 -001 -SSA. Further, the application is contingent upon annexation approval. The proposed use is for the expansion of the Okeechobee Health Care Facility. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Council Members Watford and Ritter questioned the effective and final public hearing date in conjunction with the annexation and the Small Scale Future Land Use approval. Attorney Cook answered, the dates have been set to coordinate accordingly. c) Vote on motion. III VOTE KIRK - YEA CHANDLER - YEA O'CONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. 391 Exnillit 4 ./Jay 5, 2015 ' N -11 IMM"U91SIPW AN ORDINANCE OF THE CITYOF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING TWO VACANT UNPLATTED PARCELS OF LAND MORE PARTICULARLY DESCRIBED HEREIN, EAST PARCEL ONE, FROM OKEECHOBEE COUNTYZONING NEIGHBORHOOD COMMERCIAL -TWO TO CITY OF OKEECHOBEE HEAVY COMMERCIAL ZONING DISTRICT, AND NORTH PARCEL TWO, OKEECHOBEE COUNTY ZONING AGRICULTURE TO CITY OF OKEECHOBEE HEAVY COMMERCIAL 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, Esquire, as Agent for the property owner(s), OHCF Properties, LLC, has heretofore filed Petition No. 15-002-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning two vacant unplatted parcels of land consisting of 5.01 acres, East Parcel One, from Okeechobee County Zoning Neighborhood Commercial -Two (NC -2) to City of Okeechobee Heavy Commercial (CHV) Zoning District, and North Parcel Two, Okeechobee County Zoning Agriculture to City of Okeechobee Heavy Commercial (CHV) Zoning District, and that this request be removed from the boundaries of the above mentioned zoning district to allow for the processing of the rezoning petition; and WHEREAS, said petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the applicant, that such petition is consistent with the Comprehensive Plan; and WHEREAS, said petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on April 16, 2015, determined that such petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds such rezoning petition to be 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 consisting of approximately 5.01 acres, as the subject property, located in the City of Okeechobee, to -wit: EAST PARCEL (1 of 2): A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE ATTHE SOUTHWEST CORNER OF SAID SECTION 10, THENCE PROCEED NORTH 89032'54" Ordinance No. 1123 - Page 1 of 3 EAST ALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK (ORB) 315, PAGE 746, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN ORB 315, PAGE 746 AND THE POINT OF BEGINNING. THENCE DEPARTING SAID SOUTH LINE, RUN NORTH 00000'07" WESTALONG THE EAST LINE OF SAID PARCEL OF LAND DESCRIBED IN ORB 315, PAGE 746, A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID PARCEL OF LAND; THENCE DEPARTING SAID EAST LINE, RUN NORTH 89°59'53" EAST, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 374.51 FEET TO A POINT ON THE WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT AS DESCRIBED IN ORB 49, PAGE 223 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH 31040'29" WEST ALONG SAID WEST LINE OF THE PERMANENT EASEMENT, A DISTANCE OF 289.01 FEET TO THE BEGINNING OF A CURVE TO THE LEFT IN SAID WEST LINE, SAID CURVE BEING CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 410.00 FEET AND A CENTRAL ANGLE OF 11132'39'; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND CONTINUING ALONG SAID WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT, A DISTANCE OF 82.61 FEET TO THE INTERSECTION WITH THE AFORESAID SOUTH LINE OF SECTION 10; THENCE DEPARTING SAID WEST LINE OF THE TAYLOR CREEK EASEMENT, RUN SOUTH 89°32'54" WEST ALONG SAID SOUTH LINE OF SECTION 10, A DISTANCE OF 186.72 FEET TO THE POINT OF BEGINNING AND CONSISTING OF APPROXIMATELY 2.04 ACRES; TOGETHER WITH NORTH PARCEL (2 OF 2): A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCEATTHE SOUTHWEST CORNER OF SAID SECTION 10, THENCE PROCEED NORTH 89°32'54" EASTALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK (ORB) 315, PAGE 746, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEETTO THE SOUTHEASTCORNER OF SAID LANDS DESCRIBED IN ORB 315, PAGE 746; THENCE DEPARTING SAID SOUTH LINE, RUN NORTH 00'00' 07" WEST, A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID LANDS DESCRIBED IN ORB 315, PAGE 746, ALSO BEING THE SOUTHEAST CORNER OF LANDS DESCRIBED IN ORB 219, PAGE 593ANDTHE NORTHWEST CORNER OF SAID LANDS DESCRIBED IN ORB 524, PAGE 180, ALL PERTHE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE NORTH 00°00'07" WEST, RUNNING ALONG THE EAST LINE OF SAID LANDS DESCRIBED IN ORB 219, PAGE 593, A DISTANCE OF 280.17 FEET; THENCE DEPARTING SAID EAST LINE, RUN NORTH 89°5953" EAST, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 547.38 FEET TO A POINT ON THE WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT AS DESCRIBED IN ORB 49, PAGE 223 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH 31'40' 29" WEST, ALONG SAID WEST LINE OF THE PERMANENT EASEMENT, A DISTANCEOF329.21 FEET TO THE NORTHEAST CORNER OF THE AFORESAID LANDS DESCRIBED IN ORB 524, PAGE 180; THENCE DEPARTING SAID WEST LINE OF THE TAYLOR CREEK EASEMENT, RUN SOUTH 89059' 53" WEST, ALONG THE NORTH LINE OF SAID LANDS DESCRIBED IN ORB 524, PAGE 180, A DISTANCE OF 374.51 FEET TO THE POINT OF BEGINNING AND CONSISTING OF APPROXIMATELY 2.97 ACRES. SECTION 2: ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject properties to be changed, East Parcel One, from Okeechobee County Zoning Neighborhood Commercial -Two (NC -2) to City of Okeechobee Heavy Commercial (CHV), and North Parcel Two, Okeechobee County Zoning Agriculture to City of Okeechobee Heavy Commercial (CHV) Zoning District. SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed Ordinance No. 1123 - Page 2 of 3 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 become effective thirty-one (31) days after its adoption if the associated Comprehensive Plan Amendment (15 -001 -SSA) is adopted and not timely challenged. If the Comprehensive Plan is timely challenged, this ordinance shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining the Comprehensive Plan Amendment to be in compliance. INTRODUCED for First Reading and set for Final Public Hearing on this 5`h day of May, 2015. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 191h day of May, 2015. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1123- Page 3 of 3 James E. Kirk, Mayor Staff Report Rezoning Prepared for Applicant: Petition No.: The City of Okeechobee OHCF Properties, LLC 15-002-R �1 13 i1'1'lanning �& Management Services, Inc. 1375 Jackson Street, Suite 206 E Fort Myers, Florida . '39.33.5-33GG Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: OHCF Properties, LLC Rezoning Petition No. 15-002-R Site Adtlress ;1;650 Highway 441,`North & NE 19t�' Dave Okeechobee,. FL.�34972 Contactl? hSeuenLDobbs:g�� .�. Contacf Pfone Number 863 634`7644 _ .J v^a..Cont•ac'�— '�:r to^. 'tl+obscEmal-Atle _ ste�edobbsen meerin {coma = Proposed - Zornng>Distncf -- - - - - - -_ - Soutfi?parcel (Parcel 1) ; NC Z (C0untyZ66ing) G,MV _ Norih parcel (Parcel 2)�__ _ Agricultural (Gouniy Zoning) -Acreage - - - - - - South parcel (Parcel 1) i2-04 atacres _ . pnh_parcel (Parcel_2) _ - - 2 97 acres - ...: _ ._. :...__. 2 97 acres _. * URMU = Urban Residential Mixed Use Legal Description of Subject Property Parcel Identification Numbers Parcel 1: 1-10-37-35-OA00-00001-13000: Parcel 2: 1-10-37-35-OA00-00001-0000 Serving Florida Local Governments Since 1986 Staff Report Applicant's Name: OHCF Properties, LLC Rezoning Petition No. 15-002-R Legal Description: PARCEL 1 A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE PROCEED NORTH 89 DEGREES 32'54" EAST ALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 315, PAGE 746, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 315, PAGE 746 AND THE POINT OF BEGINNING. THENCE DEPARTING OUTH LINE, RUN NORTH OD DEGREES 00'07" WEST ALONG THE EAST SAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK315, ,A DISTANCEOF321.60FEETTOTHE NORTHEAST CORNER OF SAID PARC ND; THENCE DEPARTING SAID EAST LINE, RUN NORTH 89 DEGREES 59' EA PERPENDICULARTOTHEPRECEDING COURSE, A DISTANCE OF 374.51 POINT ON THE WEST LINE OF THE TAYLOR CREEK PERMANENT EASEM SCRIBED IN THE OFFICIAL RECORDS BOOK 49, PAGE 223 OF THE P B RE DS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH 311) G " WEST ALONG SAID WEST LINE OF THE PERMANENT EASEMENT, A DIST F 289.01 FEET TO THE BEGINNING OF A CURVE TO THE LEFT IN SAID E SAID CURVE BEING CONCAVE TO THE SOUTHEAST, HAVING A RADI 410.00 FEET AND A CENTRAL ANGLE OF 11 DEGREES 32'39"; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND CONTINUING ALONG SAID WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT, A DISTANCE OF 82.61 FEET TO THE INTERSECTION WITH THE AFORESAID SOUTH LINE OF SECTION 10; THENCE DEPARTING SAID WEST LINE OF THE TAYLOR CREEK EASEMENT, RUN SOUTH 89 DEGREES 32'54" WEST ALONG SAID SOUTH LINE OF SECTION 10, A DISTANCE OF 186.72 FEET TO THE POINT OF BEGINNING. Book697/Page1367 CFN#2011001714 Page 3 of 4 2 Serving Florida Local Governments Since 1988 I i Staff Report Applicant's Namc. OHCF Properties, LLC Rezoning Petition No. 15-002-R PARCEL 2 A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE PROCEED NORTH 89" 32'64" EAST ALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK (ORB) 315, PAGE 746, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEET TO THE SOUTHEAST CORNER OF SAID LANDS DESCRIBED IN ORB 315, PAGE 746; THENCE DEPARTING SAID SOUTH LINE, RUN NORTH 00° 00' 07" WEST, A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID LANDS DESCRIBED IN ORB 315, PAGE 746, ALSO BEING THE SOUTHEAST CORNER OF LANDS DESCRIBED IN ORB 219, PAGE 593 AND THE NORTHWEST CORNER OF SAID LANDS DESCRIBED IN ORB 524, PAGE 180, ALL PER THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE NORTH 000 00' 07" WEST, RUNNINGALONG THE EAST LINE OF SAID LANDS DESCRIBED IN ORB 219, PAGE 593, A DISTANCE OF 280.17 FEET; THENCE DEPARTING SAID EAST LINE, RUN NORTH 89° 59' 53" EAST, PERPENDICULAR TO ECEDING COURSE, A DISTANCE OF 547.38 FEET TO A POINT ON THE WE IN F THE TAYLOR CREEK PERMANENT EASEMENT AS DESCRIBED IN ORB 223 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; r 1 THENCE RUN SOUTH 3i , WEST ALONG SAID WEST LINE OF THE PERMANENT EASEMENT, AMN CE OF 329.21 FEET TO THE NORTHEAST CORNER OF THE AFOR DESCRIBED IN ORB 524, PAGE 180; THENCE DEPARTING SAID WEST LI F THE TAYLOR CREEK EASEMENT, RUN SOUTH 890 59'53n WEST ALO T H LINE OF SAID LANDS DESCRIBED IN ORB 524, PAGE 180, A DISTA 374.51 FEET TO THE POINT OF BEGINNING. Book697/Page1368 CFN#2011001714 Page 4 of 4 3 Senting Florida Loral Governments Since 1988 Staff Report Rezoning Request Applicant's Name: OHCF Properties, LLC Petition No. 95-002-R The matter before the Local Planning Agency and City Council is a request to apply CHV zoning to the same two vacant parcels of land that are the subject of the preceding Small Scale Amendment (SSA) to the Comprehensive Plan. The current and proposed zoning, use, and acreage of each parcel are shown in the table on page 1. Future Land Use Map Classification Agricultural & URMU (County FLUM) East Zoning District Agricultural (County zoning) Existing Land Use: Vacant land �, ,;Future Land. Use Map Classification, Single :Family'ResidentialJ._. , _ I Future Land Use Map Classification West Zoning District: Existing Land Use: * URMU = Urban Residential Mixed Use ** CCMU = Commercial Corridor Mixed Use Analysis CCMU** & URMU (County FLUM) RG (County zoning) CHV (City zoning) Nursing Home and Hospital 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. The Appli- cant has provided a brief comment to each of the required findings. These have been copied directly from the Application and repeated on the following pages in Times Roman typeface. Staff comments, in this Arial typeface follow the Applicant's statements. 4 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: OHCF Properties, LLC Petition No. 15-002-R 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "These parcels are currently not addressed in the Comprehensive Plan as they are yet to be annexed." Staff Comment: This rezoning application is being addressed concurrently with the Applicant's request for annexation into the City and for a Small Scale Amendment (SSA) to the City's Future Land Use Map (FLUM) to designate the subject parcels Commercial on the FLUM. Assuming the amendment is approved, the requested CHV zoning will be compatible with the Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. "The proposed use of Nursing Home and Assisted Living Facility is not currently authorized under the zoning district, however, it is allowed under the requested Heavy Commercial zoning with a Special Exception which will be requested under separate application." Staff Comment: Nursing homes are listed under subsection 90-283(22) as a Special exception use in the CHV Zoning District. 3. The proposed use will not have an adverse effect on the public interest. "The proposed land use change would have no effect on the public interest as the property under the same ownership has been a nursing home for years." Staff Comment: The Applicant has stated that the parcels proposed for rezoning are to be used to accommodate an expansion of the existing nursing home and to provide water retention for the expansion and the improved parking on the parcel adjacent to U.S. 441. We do not envision such improvements having any adverse impact on the public interest. 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. "The proposed use is appropriate for the location and compatible with the adjacent land uses as Raulerson Hospital is to the northwest and the Nursing Home is to the west. None of the adjacent land uses will be adversely impacted" W-0 ;5- a 5 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: OHCF Properties, LLC Petition No. 15-002-R Staff Comment: The proposed uses of the subject properties will be directly associated with the existing use to the west and will gain vehicular access from the same private roadway, therefore, the proposed use is appropriate for the location. The proposed expansion of the existing nursing home facility onto Parcel 1 will be relatively similar in scale and impact upon the vacant single-family zoned properties to the south as is the current nursing home, and possibly less so. These properties are separated from the existing and proposed uses by the City Limits Ditch, which appears to be about 35 feet wide. Properties to the east of the subject properties are separated from the nearest neighboring properties by Taylor creek. The proposed use of the northern property (Parcel 2) should have little or no impact upon Raulerson Hospital or the vacant property to the north. In summary, we agree the use is appropriate for the location, is reasonably compatible with adjacent uses, and is consistent with the urbanizing land use pattern in the area. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. "As stated previously, the use has been the same on the property to the west and northwest for many hears and if there were any impact to the factors above, they would have already been realized." Staff Comment: We agree that the nature and scale of the proposed improvements are not significantly different from that already in existence and should not appreciably affect property values, living conditions or development potential of adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood "The property as proposed will be an expansion of the Nursing Home to the west, compatible and conveniently located to the Raulerson Hospital to the northwest, which should require no buffering. Taylor Creek is to the east and the City Limits Ditch is to the south, which provides adequate buffering from surrounding uses." Staff Comment: We agree that the similar character of the two existing uses in the immediate vicinity (Raulerson Hospital and the Nursing Home) negates the need for buffering between these two uses. Similarly, the spatial buffers afforded by the City Limits Ditch to the south and Taylor Creek to the east should provide adequate protection for the properties to the immediate south and east. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: OHCF Properties, LLC Petition No. 95-002-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The use has not created or will it create a density pattern that would overburden any of the public resources in the area." Staff Comment: As a commercial nursing home, neither density nor schools are affected. The expansion of the nursing home as proposed represents only a modest increase in the number of rooms. Neither the increase of 18 rooms nor the expansion of the ancillary facilities associated with the increased capacity will result in a significant increase in intensity, traffic, or the need for utility services. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The use will not create nor have a detrimental impact to the factors stated above. This property is boarded on the south by the City Limits Ditch and on the east by Taylor Creek, and there is no plan to change existing drainage patterns, nor impact public safety." Staff Comment: We do not expect the modest expansion of facilities to significantly increase traffic and should have no adverse impacts upon public safety. The proposed improvements will be required to address SFWMD stormwater standards and City drainage requirements. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The proposed use was previously planned to remain in Okeechobee County, but due to the required expansion of the Nursing Home these parcels were required to be annexed into the City of Okeechobee." Staff Comment: As the subject properties are located in the unincorporated portion of Okeechobee County, they have not heretofore been subject to City Regulations. Upon annexation the properties will be required to meet all applicable provisions of the City's LDRs. 7 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name. OHCF Properties, LLC Rezoning Petition No. 15-002-R s MIR Lei Based on the foregoing analysis, we recommend the subject parcels be zoned CHV. Submitted by: Wm. F. Brisson, AICP Planning Consultant April 8, 2015 Planning Board Hearing: April 16, 2015 City Council, 1St Reading: May 5, 2015 City Council 2"d Reading: May 19, 2015 Attachments: Future Land Use, Subject & Environs Zoning, Subject & Environs Existing Land Use, Subject & Environs Serving Florida Locai Governments Since 1988 f.r—r�� r -_L•_ (�S.S' LT t x 1 1 -t. f. it :3 �l t•Y' t .1- ��r7/1 /t f f(, �t/ .+. t�IY cif ��.. 1, � a. � ;,q �67�{e+xt illj? i�� ,'il, 1 ►6 � ' .. , t y ; ? �1 MC ;i- ��iill ��_` •�, 1 ' Y 1.. j5ft`� :i r;! r/_ V. URMU `.�+.., ttt �.. f. � t.. 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F.•�. arr � �IK+•7 il.�'- .�iw�!-, _ �SiCri�HC7 _ �'LM� �+S•i' ,7:••;�', ;C ^..v.,SF�:�J • �-': \ i-: 7i+11 r( llfi.l�F ♦ rrt, t y 5 i ii .. •.�'�_i� `s ,w � � �-il+rl �11�.+. ►.11ti ►li ► j`. t t t 1C} � i M '1 I.�,C ��"� �"^�y-��..4 + ' : . �\ .t \ • 'fid i-' ' rt.''., }j tir - � C• f • 1 t � S ,�uC Sr. 4♦ P t r. ! f 1 ^. � TS� y �f. ...f. I.,. � � r� >• y` -•y,15 �1S �•�`;ti r� hu f.?.,/ j i.+ � r- e IF', . �--,, Y r i 5• y ` �1� `.�.\ l'1 .Jlt S K/ � a i tQtSubject Pro ierty Lytwrnt.�S owla ` fY` �a�"i ('•/ �:irlt}i .•' w' `"'M \'�'`'^ . .akI=W!' ~+4 j• Ir ji :. �f :p`t � `•u.,�'� �"r K Q R f (. � f. Nursing Home I_'•:'�=� 2 � t`' m � SRL �"s�.s}7Y� •�;i', {fir �'. �r,1 j +Y '+ + Y..T"•.! rJ/' / KYR. j '`�•� �, t .W1.-. # �f! l,�aLX.T✓.. i• � � 44 ya�~ a�..> .It �'° �~o', tlP•ea�f to �... _ �ti. .l��'..�•�ei./�ti �:^.'.'f��.�.�J"'. ..��Ctu: Y.� _ tee•_ �_It � �.i. CC 1..J �. •S �'��hw r �•' t +1 w .�.a.'aq e 2 �.. � tf lir. ••' . y V. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. D. 6. c) Vote on motion to recommendation to the City Council to approve or deny Petition No. 15-001-R. E. Petition No, 15-002-R, Rezone approximately 5.01 acres from Okeechobee County Neighborhood Commercial -2 and Agriculture, to City Heavy Commercial, located between the Okeechobee Health Care Facility and the west bank of Taylor Creek for the purpose of expanding the existing nursing home/assisted living facility (Exhibit 5). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 15-002-R will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff, 3. Hear from the Property Owner or designee/agent - OHCF Properties, LLC, Jennifer Williamson, Agent. HOOVER - YEA MCCOY - YEA BATTON - YEA JONASSAINT -YEA MCCREARY - ABSENT KEEFE - YEA APRIL 16, 2015 - PLANNING BOARD - PAGE 8 OF 14 BAUGHMAN - YEA BRASS -YEA O'BRIEN - NIA MOTION CARRIED. The recommendation will be forwarded and heard before the City Council for a Final Public Hearing on May 19, 2015 (tentatively). Rezoning Petition No. 15-002-R, requesting to rezone approximately 5.01 acres from Okeechobee County Neighborhood Commercial -2 and Agriculture, to City CHV, located between the Okeechobee Health Care Facility and the west bank of Taylor Creek for the purpose of expanding the existing nursing home/assisted living facility. This being a quasi-judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, and stated their names and addresses for the record: Bill Brisson, Senior Planner, LaRue Planning and Management,1375 Jackson Street, Suite 206, Fort Myers, Florida, Mr. Steven Dobbs, P.E. with SLD Engineering of 1062 Jakes Way, Okeechobee, Florida, and Attorney Jennifer Williamson, Counsel for the Property Owner. Chairperson Hoover yielded the floor to City Planning Consultant Brisson, who reviewed the petition and his recommendation for approval, based on the findings within the Planning Staff Report. He explained this petition is to apply CHV zoning to the same two vacant parcels as previously considered and recommended by the Board, Comprehensive Plan Amendment Application No. 15 -001 -SSA. Mr. Steven Dobbs, P.E. with SLD Engineering of 1062 Jakes Way, Okeechobee, Florida, along with Attorney Jennifer Williamson, Counsel for the Property Owner, were present to respond to questions. Member McCoy inquired as to whether buffering would be necessary along the East side of the building which faces Taylor Creek. Mr. Dobbs and Ms. Williamson explained the area facing the creek would have benches and tables. They wanted to create a tranquil atmosphere for the patients. Things like air conditioning units and such would not be on the side of the building facing the creek. 4. Public comments or questions from those in attendance, or�II Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. submitted to the Board Secretary. 21 22 APRIL 16, 2015 - PLANNING BOARD - PAGE 9 OF 14 V. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. E. 5. Disclosure of Ex -Parte Communications by the Board. Chairperson Hoover asked Board Members to disclose for the record whetherthey had spoken to anyone else regarding the application. There were none. A I 6. a) Consider a motion for recommendation to the City Council to Planning Staffs findings are as follows: The proposed rezoning is being addressed concurrently with the Applicant's approve or deny petition. request for annexation into the City and for a Small Scale Amendment to the City's Future Land Use Map (FILUM) to designate the subject parcels Commercial on the FLUM. Assuming the amendment is approved, the requested CHV Zoning will be compatible with the Comprehensive Plan. The proposed nursing home use is specifically authorized as a Special Exception use under the zoning district, and will not have an adverse effect on the public interest as the parcels proposed for rezoning are to be used to accommodate an expansion of the existing nursing home and to provide water retention and improved parking on the parcel adjacent to North Parrott Avenue (U.S. Highway 441). The proposed use is appropriate for the location, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. To the North and East, the existing use is vacant, with a County Future Land Use of URMU, and County Zoning of Agriculture. The existing use to the West is a Nursing Home Facility, with a Commercial Future Land Use, and a Zoning of CHV and also a hospital with a County Future land Use of CCMU and URMU and a County Zoning of RG. Finally, to the South, the existing use is vacant, with a Single Family Future Land Use, and Holding Zoning. The proposed use will not adversely affect property values or living conditions or be a deterrent to the improvement or development of adjacent property. The proposed use is suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. Taylor Creek is to the East, the City Limits Ditch is to the South, and the proposed property will be an expansion of the Nursing Home to the West, which would be compatible and conveniently located to Raulerson Hospital to the northwest. The proposed commercial use will not affect density or schools and the expansion involves an increase of only 18 rooms, that will not result in a significant increase in intensity, traffic, or the need for utility services. The proposed use will not create traffic congestion as one would not expect the modest expansion of facilities to significantly increase traffic and should have no adverse impacts upon public safety. The proposed improvements will be required to address SFWMD stormwater standards and City drainage requirements. As the subject properties are located in the unincorporated portion of Okeechobee County, they have not been subject to City Regulations. Upon annexation, the properties will be required to meet all applicable provisions of the City's Land Development Regulations (LDR's). _„ APRIL 16,2015- PLANNING BOARD -PAGE 10 OF 14 23 V. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. E. 6. a) Consider a motion for recommendation to the City Council to Board Member Baughman made a motion, based on Planning Staffs findings and recommendation, to recommend the approve or deny Petition No. 15-002-R continued. City Council approve Rezoning Petition No. 15-002-R, requesting to rezone approximately 5.01 acres from Okeechobee County Neighborhood Commercial -2 and Agriculture, to City CHV, located between the Okeechobee Health Care Facility and the west bank of Taylor Creek for the purpose of expanding the existing nursing home/assisted living facility, seconded by Board Member Batton. b) Board discussion. Chairperson Hoover asked whether there was any further discussion. There was none. c) Vote on motion. VOTE HOOVER - YEA MCCOY-YEA BATTON - YEA BAUGHMAN-YEA BRASS - YEA JONASSAINT -YEA MCCREARY - ABSENT KEEFE - YEA O'BRIEN - NIA MOTION CARRIED. The recommendation will be forwarded and heard before the City Council for a Final Public Hearing on May 19, 2015 (tentatively). Chairperson Hoover mistakenly closed the Public Hearing at 6:50 p.m. She then reopened the Public Hearing at the same time. Petition No. 15 -002 -SE, to allow an assisted living facility as defined Petition No. 15 -002 -SE, to allow an assisted living facility as defined in F.S. 429.02, and a nursing home within a Heavy in F.S. 429.02, and a nursing home within a Heavy Commercial Commercial Zoning District on approximately 5.01 acres, located between the Okeechobee Health Care Facility and the Zoning District on approximately 5.01 acres, located between the west bank of Taylor Creek. Okeechobee Health Care Facility and the west bank of Taylor Creek (Exhibit 6). 1. Administer of Oath (anyone intending to offer testimony on This being a quasi-judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer Petition No. 15 -002 -SE will be required to take an oath, respond, testimony, all responded affirmatively, and stated theirnames and addressesforthe record: Bill Brisson, Senior Planner, and give your full name and address). LaRue Planning and Management,1375 Jackson Street, Suite 206, Fort Myers, Florida, Mr. Steven Dobbs, P.E. with SLD Engineering of 1062 Jakes Way, Okeechobee, Florida, and Attorney Jennifer Williamson, Counsel forthe Property Owner. mm, Staff Report Rezoning Prepared for Applicant.- Petition pplicant. Petition No.. The City of Okeechobee OHCF Properties, LLC 15-002-R WJ__ �� ' i � Planning & Management Services, Inc. 1375 Jac3tmm Street, Suite 206 Fort Myers, Florida 239-334-3.366 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: OHCF Properties, LLC Petition No. 15-002-R OHCF Properties, LLC Owner/Applicant P.O. Box 759 Okeechobee, FL 34973 Site Address 1650 Highway 441, North & NE 19th Drive Okeechobee, FL 34972 Contact Person Steven L. Dobbs Contact Phone Number 863-634-7644 Contact Email Address sdobbs@stevedobbsengineering.com Existing Future Land Use Map Classification South parcel (Parcel 1) URMU* (County FLUM) North parcel (Parcel 2) URMU* (County FLUM) Zoning District South parcel (Parcel 1) North parcel (Parcel 2) Use of Property Acreage South parcel (Parcel 1) North parcel (Parcel 2) NC -2 (County Zoning) Agricultural (County Zoning) Vacant 2.04 acres 2.97 acres * URMU = Urban Residential Mixed Use Proposed „ Commercial Commercial CHV CHV Nursing home 2.04 acres 2.97 acres Parcel Identification Numbers Parcel 1: 1-10-37-35-OA00-00001-B000: Parcel 2: 1-10-37-35-OA00-00001-0000 Serving Florida Local Governments Since 1988 Staff Report Rezoning Legal Description: PARCEL 1 Applicant's Name: OHCF Properties, LLC Petition No. 15-002-R A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE PROCEED NORTH 89 DEGREES 32'54" EAST ALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 315, PAGE 746, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 315, PAGE 746 AND THE POINT OF BEGINNING. THENCE DEPARTING $A SOUTH LINE, RUN NORTH 00 DEGREES 00'07" WEST ALONG THE EAST L E(CI)SAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 315, I�AG,E' , A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID PARC FND; THENCE DEPARTING SAID EAST LINE, RUN NORTH 89 DEGREES 59' EA PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 374.51 r POINT ON THE WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT' ESCRIBED IN THE OFFICIAL RECORDS BOOK 49, PAGE 223 OF THE Pq BQRE010RDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH 31 d G 29 WEST ALONG SAID WEST LINE OF THE PERMANENT EASEMENT, A DISTA ,F 289.01 FEET TO THE BEGINNING OF A CURVE TO THE LEFT IN SAIDfO+L SAID CURVE BEING CONCAVE TO THE SOUTHEAST, HAVING A RADI 410.00 FEET AND A CENTRAL ANGLE OF 11 DEGREES 32'39'; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND CONTINUING ALONG SAID WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT, A DISTANCE OF 82.61 FEET TO THE INTERSECTION WITH THE AFORESAID SOUTH LINE OF SECTION 10; THENCE DEPARTING SAID WEST LINE OF THE TAYLOR CREEK EASEMENT, RUN SOUTH 89 DEGREES 32'54" WEST ALONG SAID SOUTH LINE OF SECTION 10, A DISTANCE OF 186.72 FEET TO THE POINT OF BEGINNING. Book697/Page1367 CFN#2011001714 Page 3 of 4 2 Serving Florida Local Governments Since 1988 Staff Report Rezoning PARCEL 2 Applicant's Name. OHCF Properties, LLC Petition No. 15-002-R A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE PROCEED NORTH 890 32'54" EAST ALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK (ORB) 395, PAGE 746, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 446.36 FEET TO THE SOUTHEAST CORNER OF SAID LANDS DESCRIBED IN ORB 315, PAGE 746; THENCE DEPARTING SAID SOUTH LINE, RUN NORTH 00° 00' 07" WEST, A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID LANDS DESCRIBED IN ORB 315, PAGE 746, ALSO BEING THE SOUTHEAST CORNER OF LANDS DESCRIBED IN ORB 219, PAGE 593 AND THE NORTHWEST CORNER OF SAID LANDS DESCRIBED IN ORB 624, PAGE 180, ALL PER THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE NORTH 00° 00' 07" WEST, RUNNING ALONG THE EAST LINE OF SAID LANDS DESCRIBED IN ORB 219, PAGE 593, A DISTANCE OF 280.17 FEET; THENCE DEPARTING SAID EAST LINE, RUN NORTH 89- 59' 53" EAST, PERPENDICULAR TOECEDING COURSE, A DISTANCE OF 547.38 FEET TO A POINT ON THE WE IN F THE TAYLOR CREEK PERMANENT EASEMENT AS DESCRIBED IN ORB 223 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH 3,-4VA WEST ALONG SAID WEST LINE OF THE PERMANENT EASEMENT, A - f CE OF 329.21 FEET TO THE NORTHEAST CORNER OF THE AFORE,A N DESCRIBED IN ORB 524, PAGE 180; THENCE DEPARTING SAID WEST LI F THE TAYLOR CREEK EASEMENT, RUN SOUTH 89'59'53" WEST ALO T H LINE OF SAID LANDS DESCRIBED IN ORB 524, PAGE 180, A DISTA 374.51 FEET TO THE POINT OF BEGINNING. Book697/Pagel 368 CFN#2011001714 Serving Florida Local Governments Since 1988 Page 4 of 4 Staff Report Rezoning Request Applicant's Name: OHCF Properties, LLC Petition No. 15-002-R The matter before the Local Planning Agency and City Council is a request to apply CHV zoning to the same two vacant parcels of land that are the subject of the preceding Small Scale Amendment (SSA) to the Comprehensive Plan. The current and proposed zoning, use, and acreage of each parcel are shown in the table on page 1. Adjacent Future Land Use Map Classifications and Zoning Districts North East South West Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use: Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District: Existing Land Use: * URMU = Urban Residential Mixed Use ** CCMU = Commercial Corridor Mixed Use Agricultural & URMU* (County FLUM) Agricultural (County zoning) Vacant land Agricultural & URMU (County FLUM) Agricultural (County zoning) Vacant land Single -Family Residential RSF1 and Holding Vacant land CCMU** & URMU (County FLUM) RG (County zoning) CHV (City zoning) Nursing Home and Hospital 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. The Appli- cant has provided a brief comment to each of the required findings. These have been copied directly from the Application and repeated on the following pages in Times Roman typeface. Staff comments, in this Arial typeface follow the Applicant's statements. 4 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name. OHCF Properties, LLC Petition No. 15-002-R 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "These parcels are currently not addressed in the Comprehensive Plan as they are yet to be annexed." Staff Comment: This rezoning application is being addressed concurrently with the Applicant's request for annexation into the City and for a Small Scale Amendment (SSA) to the City's Future Land Use Map (FLUM) to designate the subject parcels Commercial on the FLUM. Assuming the amendment is approved, the requested CHV zoning will be compatible with the Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. "The proposed use of Nursing Home and Assisted Living Facility is not currently authorized under the zoning district, however, it is allowed under the requested Heavy Commercial zoning with a Special Exception which will be requested under separate application." Staff Comment: Nursing homes are listed under subsection 90-283(22) as a Special exception use in the CHV Zoning District. 3. The proposed use will not have an adverse effect on the public interest. "The proposed land use change would have no effect on the public interest as the property under the same ownership has been a nursing home for years." Staff Comment: The Applicant has stated that the parcels proposed for rezoning are to be used to accommodate an expansion of the existing nursing home and to provide water retention for the expansion and the improved parking on the parcel adjacent to U.S. 441. We do not envision such improvements having any adverse impact on the public interest. 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. "The proposed use is appropriate for the location and compatible with the adjacent land uses as Raulerson Hospital is to the northwest and the Nursing Home is to the west. None of the adjacent land uses will be adversely impacted." 5 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: OHCF Properties, LLC Petition No. 15-002-R Staff Comment: The proposed uses of the subject properties will be directly associated with the existing use to the west and will gain vehicular access from the same private roadway, therefore, the proposed use is appropriate for the location. The proposed expansion of the existing nursing home facility onto Parcel 1 will be relatively similar in scale and impact upon the vacant single-family zoned properties to the south as is the current nursing home, and possibly less so. These properties are separated from the existing and proposed uses by the City Limits Ditch, which appears to be about 35 feet wide. Properties to the east of the subject properties are separated from the nearest neighboring properties by Taylor creek. The proposed use of the northern property (Parcel 2) should have little or no impact upon Raulerson Hospital or the vacant property to the north. In summary, we agree the use is appropriate for the location, is reasonably compatible with adjacent uses, and is consistent with the urbanizing land use pattern in the area. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. "As stated previously, the use has been the same on the property to the west and northwest for many hears and if there were any impact to the factors above, they would have already been realized." Staff Comment: We agree that the nature and scale of the proposed improvements are not significantly different from that already in existence and should not appreciably affect property values, living conditions or development potential of adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood "The property as proposed will be an expansion of the Nursing Home to the west, compatible and conveniently located to the Raulerson Hospital to the northwest, which should require no buffering. Taylor Creek is to the east and the City Limits Ditch is to the south, which provides adequate buffering from surrounding uses." Staff Comment: We agree that the similar character of the two existing uses in the immediate vicinity (Raulerson Hospital and the Nursing Home) negates the need for buffering between these two uses. Similarly, the spatial buffers afforded by the City Limits Ditch to the south and Taylor Creek to the east should provide adequate protection for the properties to the immediate south and east. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name. OHCF Properties, LLC Petition No. 15-002-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The use has not created or will it create a density pattern that would overburden any of the public resources in the area." Staff Comment: As a commercial nursing home, neither density nor schools are affected. The expansion of the nursing home as proposed represents only a modest increase in the number of rooms. Neither the increase of 18 rooms nor the expansion of the ancillary facilities associated with the increased capacity will result in a significant increase in intensity, traffic, or the need for utility services. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The use will not create nor have a detrimental impact to the factors stated above. This property is boarded on the south by the City Limits Ditch and on the east by Taylor Creek, and there is no plan to change existing drainage patterns, nor impact public safety." Staff Comment: We do not expect the modest expansion of facilities to significantly increase traffic and should have no adverse impacts upon public safety. The proposed improvements will be required to address SFWMD stormwater standards and City drainage requirements. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The proposed use was previously planned to remain in Okeechobee County, but due to the required expansion of the Nursing Home these parcels were required to be annexed into the City of Okeechobee." Staff Comment: As the subject properties are located in the unincorporated portion of Okeechobee County, they have not heretofore been subject to City Regulations. Upon annexation the properties will be required to meet all applicable provisions of the City's LDRs. 7 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: OHCF Properties, LLC Petition No. 15-002-R Based on the foregoing analysis, we recommend the subject parcels be zoned CHV. Submitted by: Wm. F. Brisson, AICP Planning Consultant April 8, 2015 Planning Board Hearing: April 16, 2015 City Council, 1S' Reading: May 5, 2015 City Council 2nd Reading: May 19, 2015 Attachments: Future Land Use, Subject & Environs Zoning, Subject & Environs Existing Land Use, Subject & Environs 0 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: OHCF Properties, LLC Petition No. 15-002-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS OHCF Properties, LLC City of Okeechobee Future Land use Amendment Surrounding Property Owners FLU exhibit Scrving Florida 1cu21 Governments Since 1988 Staff Report Rezoning Applicant's Name: OHCF Properties, LLC Petition No. 15-002-R ZONING SUBJECT SITE AND ENVIRONS OHCF Properties, LLC City of Okeechobee Future Land use Amendment Surrounding Property Owners Zoning exhibit ___... 10 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: OHCF Properties, LLC Petition No. 15-002-R EXISTING LAND USE SUBJECT SITE AND ENVIRONS OHCF Properties, LLC City of Okeechobee Future Land Use Amendment Surrounding Property Owners Land Use Exhibit .. 11 Serving Florida Local Governments Since 1988 a Okeechobee News 14qlm 107 SW 17th Street, Suite D ANDEPENDENT Okeechobee, Florida 34974 NEWSMEDIA INC. USA 863-763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher 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 KI", "'rJ /l 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 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 further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to arsubscribedIN ^fo�re me this ,,30 day of &A-s.� AJ �AD Notary Public, State of Florida at Large A , _\ " ANGIE BRIDGES MY COMMISSION # EE 177653 ., EXPIRES: April 20, 2016 a� 3 Bonded Thru Notary Public Underwriters PUBLIC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE IS HEREBY GIVEN that a QUASI-3UDICIAL PUBLIC HEAR- ING will be here r , �r as soon thereafter as, possible, at Gty Hall, 55 SE 3rd Council Chapnbers, Rm 2oo, Okeechobee, FL, to consider and receive Input on Rezoning Petition No. 15-002-R, submitted by Mrs. Jennifer Wil- Ilamson, Esquire, as Agent for the property owner, OHCF Propertles, LLC. aequests to rezone two vacant unplatted parcels of Ian consisting of approximately 5.01 acres from Okeechobee County Zon- ing Neighborhood Commercial -Two (NC -2) and An utture (AG), to Gty of Okeechobee Zoning Heavy Commercial (CHV). Located between the Okee- chobee Health Care Facility, 1650 US Hwy 441 North and the west bank of Taylor Creek, for the purpose of expanding the existing nursing home/as- sstd Ivingfacility. Legal: Parcel One: A parcel of and in in Section 10 Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: commence at the Southwest torr, ner of said Section 10, thence proceed North 89° 32' 54" East along the South line of said Section 10, also being the South line of that parcel of land described in OR Book 315, Page 746, of the Public Records of Okeechobee County, Florida, a distance of 448.36 feet to the Southeast comer of that parcel of land de- scribed in OR Book 315, Page 746, and the point of beginning. Then departing said South line, run North 00 00'07" West along the East line of said parcel of land described in OR Book 315, Page 746, a distance of 321.60 feet to the Northeast corner of said Par- cel of land; thence departing said East line, run North 89°59 53" East perpendicular to the preceding course, a distance of 374.51 feet to a point on the West line of the Taylor Creek permanent easement as described in OR Book 49, Page 223, of the Public Records of Okeechobee County, Florida; thence run South 31040'29" West along said West line of the permanent easement, a distance of 289.01 feet to the beginning of a curve to the left in said West line, said curve being concave to the Southeast, having a radius of 410.00 feet and a central angle of 11°32'39; thence Southerly along the arc of said curve and continuing along said West line of the Taylor Creek permanent easement, a distance of 62.61 feet to the intersection with the aforesaid South line of Sec- tion 10; thence departing said West line of the Taylor Creek ease- ment, run South 89°32'54" West along said South line of Section 10, a distance of 186.72 feet to the point of beginning and consist- ing of approximately 2.04 acres; together with Parcel Two: A parcel of land lying in Section 10, Township 37 South, Range 35 East, Okeechobee County, Florida, being more P articularly described as follows: commence at the Southwest cor- ner of sairl Section 10, thence proceed North 89°32'54" East along the South line of said Section 10, also being the South line of that parcel of land described in OR Book 315, Page 746, of the Public Records of Okeechobee County Florida, a distance of 448.36 feet to the Southeast comer of said lands described in OR Book 315, Page 746; thence departing said South line, run North 00°00'07" West, a distance of 321.60 feet to the Northeast corner of said lands describedin OR Book 315, Page 746, also being the South- east comer of lands described in OR Book 219, Page 593, and the Northwest corner of said lands described in OR Book 524, Page 180, all per the Public Records of Okeechobee County, Florida, also beirtnggh the point of beginning of thisdescriEpption; thence continue described 00-00'07" n OR Book 219,distanc running along g593, to ast leof 280.17 elands feet; thencedeparting said East line, con North 89059'53" East, perpen- dicular to the preceding course, a distance Of 547.38 feet to a point on the West line of the Taylor Creek permanent easement as described in OR Book 49, Page 223 of the Public Records of Okee- chobee County, Florida; thence run South 31°40'29" West along said West line of the permanent easement, a distance of 329.21 feet to the Northeast comer of the aforesaid lands described in OR Book 524, Page 180; thence departing said West line of the Taylor Creek easement, run South, 89°59'53" West along the North line of said lands described in OR Book 524, Page 180, a distance of 374.51 feet to the point of beginning and consisting of approxi- mately 2.97 acres. The petition may be inspected at the address above during regular bus ness tours, Mon -Fri, 8 AM -4:30 PM, except for holidays. The public is encour- aged to attend. A Public Hearing For a rezoning petition is handled as a "Quasi -Judicial" pro- ceeding, meaning the Planning Board Is functioning in a manner similar to a court, hearing testimony and questioning presenters who provide substan- .bal and competent evidence. It is the duty of the Planning Board to arrive at sound decisions. The recommendation will be forwardd to the City Council, tentatively scheduled on Mal 5, 2015 (First Reading) and final adoption Public Hearing on May 19, 2015, 6 PM. ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter considered at this meeting will need to en- sure a verbatim record of the proceeding is made and the record Includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a -. disability as defined by the ADA, that needs special accommodation to par- ticipate in this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Planning Board in support or opposition to any item on the agenda; a copy of the document, picture, video, or Rem must be provided to the Board Secretary for the City's records. BY: Zonin Administrator Brian Whitehall, Petition No. 15-002-R 410414 ON 3/29/2015- ANDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher 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 10.. /�_ t #LAA;aa,,� Ln the matter of �i+ wa - in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of � y1.10 tsc— 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 further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Autririu cisnerf Sworn to and,sWcribed bef me this , _ day of �. AD Notary Public, State of Florida at Large ANGIE BRIDGES MY COMMISSION H EE 177653 EXPIRES: April 20, 2016 Bonded Thru Notary Public Underwriters 1A Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 PUBLIC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE IS HEREBY GIVEN that a QUASI-JUDICIAL PUBLIC HEAR- ING will. be held before the City of Okeechobee Planning Board API ; 2% , b PM, or as soon thereafter as possible, at C ty Hall, SS S 3rd Ave, Council Chambers, Rm 200, Okeechobee, FL, to consider and re- .eive input on Rezoning Petition No. 15-002-R, submhted by Mrs. Jennifer. Williamson, Esquire, as Agent for the property owner, OHCF Properties, LLC. Petition No. 15-002-R requests to rezone two vacant unplatted parcels of land consisting of approximately 5.01 acres from Okeechobee County Zon- ing Neighborhood Commeraal--Two (NC -2) and �ac bree�AGG) the Otykee- Okeechobee Zoning Heavy Commercial (LFIV). chobee Health Care Facility, 1650 US Hwy 441 North and the west bank of Taylor Geek, for the purpose of expanding the existing nursing home/as- living facility. Legal: Parcel One: A parcel of land lying in Section 10, Township 37 South, Range 35East, Okeechobee County, Florida, being more particularly described as follows: commence at the Southwest cor- ner of said Section 10, thence proceed North 89° 32' 54" East along the South line of said Section 10, also being the South line of that parcel of land described in OR Book Flonfda,a ere d stance of of the6 Public Records of Okeechobee County, 4.36 feet to the Southeast comer of that parcel of land de- scribed in OR Book 315, Page 16, and the gomt of beginning. Then departing said South line, run North 00 00'07" West along the East line of said parcel of land described in OR Book 315, Page 76, a distance of 321.60 feet to the Northeast corner of said Qar- cel of land; thence departing said East line, run North 89°59 53" East perpendicular to the preceding course, a distance of 374.51 feet to a point on the West line of the Taylor Creek permanent easement as described in OR Book 49, Page 223, of the Public Records of Okeechobee County, Florida; thence run South 31°40'29" West along said West line of the permanent easement, a distance of 289.01 feet to the beginning of a curve to the left in said West line, said curve being concave to the Southeast, having a radius of 410.00 feet and a central angle of 11°32'39"; thence Southerly along the arc of said curve and continuing along said West line of the Taylor Creek permanent easement, a distance of 82.61 feet to the intersection with the aforesaid South line of Sec- tion 10; thence departingsaid West line of the Taylor Creek ease- ment, run South 89°32'54" West along said South line of Section 10, a distance of 186.72 feet to the point of beginning and consist- ing of approximately 2.04 acres; together with Parcel Two: A parcel of land lying in Section 10, Township 37 South, Range 35 East, Okeechobee County, Florida, being more partia- larly described as follows: commence at the Southwest comer of said Section 10, thence proceed North 89°32'54" East along the South line of said Section 10, also being the South line of that par- cel of land described in OR Book 315, Page 76, of the Public Records of Okeechobee County Florida, a distance of 448.36 feet to the Southeast comer of said lands described in OR Book 315, Page 76• thence deprrtinUQ said South line, run North 00°00'07 ands f said dedscriibed o OR Book 315fee, Page 7 6to the ortheast come also being the oSouth - east comer of lands described in OR Book 219, Page 593, and the Northwest corner of said lands described in OR Book 524, Page 180, all per the Public Records of Okeechobee County, Florida, also being the point of beginning of this description; thence continue North 00°00'07" West, running along the East line of said lands described in OR Book 219, Page 593, a distance of 280.17 feet; thence departing said East line, run North 89°59'53" East, perpen- dicular to the preceding course, a distance of 547.38 feet to a point on the West line of the Taylor Creek permanent easement as described in OR Book 49, Page 223 of the Public Records of Okee- chobee County, Florida; thence run South 31°40'29" West along said West line of the permanent easement, a distance of 329.21 feet to the Northeast corner of the aforesaid lands described in OR Book 524, Page 180; thence departing said West line of the Taylor Creek easement, run South, 89°59'53" West along the North line of said lands described in OR Book 524, Page 180, a distance of 374.51 feet to the point of beginning and consisting of approxi- mately 2.97 acres. The petition may be inspected at the address above during regular business hours, Mon -Fri, 8 AM -4:30 PM, except for holidays. The public is encour- aged to attend. A Public Hearing for a rezoning petition is handled as a "Quasi -Judicial" pro- ceei:11 meaning the Planning Board is functioning in a manner similar to a court, hearing testimony and questioning presenters who provide substan- tial and competent evidence. It is the duty of the Planning Boanl to arrive at sound decisions. The recommendation will be forwarded to the City Council, tentatively scheduled on May 5, 2015 (First Reading) and final adoptior Public Hearing on May 19, 2015, 6 PM. ANY PERSON DECIDING TO APPEAL any decision made by the Planninc Board with respect to any matter considered at this meeting will need to en sure a verbatim record of the proceeding is made and the record include! the testimony and evidence upon which the appeal will be based. In accor dance with the Americans with Disabilities Act (ADA), any person with i disability as defined by the ADA, that needs srciai accommodation to par dcipate in this proceeding, contact the General Services Office no later thai two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, vide or items to the agenda; a cD olf the Planning enL prd in ictuurre, vidert or , opposition iitem must item provide to the Board Secretary for the City's records. BY: Zoning Administrator Brian Whitehall,Ni No. 15.002-R Cityof Okeechobee i,.z Pimeeu.ty Sriiil6,,1«,ee Office of the City Clerk May 22, 2015 Mrs. Jennifer Williamson 759 Southwest Federal Highway, Suite 106 Stuart, Florida 34994 Dear Mrs. Williamson: This letter is to officially advise you that the City Council at their May 19, 2015 meeting, adopted Ordinance No. 1120, annexing by voluntary petition two parcels of land totaling approximately 5.01 acres of unincorporated Okeechobee County into the City of Okeechobee. Also adopted were Ordinance No. 1122, Rezoning Petition 15-001-R, and Ordinance No. 1123, Rezoning Petition 15-002-R. Enclosed herewith please find copies of these Ordinances for your records. Should you require additional information, please do not hesitate to contact me. With best regards, I am Sincerely, Lane Gamiotea, CMC City Clerk Enclosures LG/mj 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 Patty Burnette From: Patty Burnette <pburnette@cityofokeechobee.com> Sent: Wednesday, May 20, 2015 3:57 PM To: sdobbs@stevedobbsengineering.com; Jennifer L. Williamson (JLW@crarybuchanan.com) Subject: Approval email notification Attachments: PB Minutes 041615.pdf Hi Steve and Jennifer. Finally, I am sending all the approval information from the April 16, 2015 PB/BOA meeting for your records. This email is to officially advise you that the Planning Board at its regular meeting on April 16, 2015, recommended approval to the City Council for the following: • Small Scale Amendment, Application No. 15 -001 -SSA to change the Future Land Use Map classification from Okeechobee County Urban Residential Mixed Use to City Commercial on approximately 5.01 acres, located between the Okeechobee Health Care Facility and the west bank of Taylor Creek. • Rezoning Petition No.15-002-R to change the Zoning from Okeechobee County Neighborhood Commercial -2 and Agriculture to City Heavy Commercial on approximately 5.01 acres, located between the Okeechobee Health Care Facility and the west bank of Taylor Creek for the purpose of expanding the existing nursing home/assisted living facility. • Rezoning Petition No. 15-001-R to change the Zoning from Commercial Professional Office to Heavy Commercial on 1.628 acres located between North Parrott Avenue and the Okeechobee Health Care Facility for the purpose of constructing a parking lot. The Small Scale Amendment, Application No. 15 -001 -SSA was forwarded to the City Council for Final Public Hearing on May 5, 2015. Both Rezoning Petition No.15-002-R and Rezoning Petition No. 15-001-R were forwarded to the City Council for first reading on May 5, 2015 and Final Public Hearing on May 19, 2015. In addition, this email is to officially advise you that the Board of Adjustments at its regular meeting on April 16, 2015, approved your request to allow an assisted living facility as defined in F.S. 429.02, and a nursing home within a Heavy Commercial Zoning District on approximately 5.01 acres, located between the Okeechobee Health Care Facility and the west bank of Taylor Creek with the following stipulations: the TRC consider, during the site plan review, the need for landscape buffering along the southern boundary adjacent to the single family zoned properties, and the TRC consider, during the site plan review, the need to locate the entrance for ambulances, and parking areas expected to be used during nighttime hours, as far as possible from the residentially zoned properties to the south. There are two important timelines you need to be aware of regarding Special Exceptions. Per Sec. 70.348(4) of the City Land Development Regulations, Special Exception use; variance. Special Exception use and variance approvals shall have a valid period of not more than two years, prior to which a building permit application must be submitted or the approval shall lapse. Per Sec. 70- 373(f), Nonuse. If the special exception use granted by the board of adjustment should fail to exist or fail to be used for a continuous period of 180 days, then such use shall lapse and the current owner be required to reapply as provided in this division. In case of hardship, where the loss of such special exception would materially affect the integrity of any mortgage or other financing arrangement on the subject real property, the board of adjustment may consider such hardship in granting a renewal of such special exception. Attached herewith please find a copy of the April 16, 2015 Planning Board/Board of Adjustment and Appeals minutes for your records. Should you have any questions, please just let me know. Thank you both for all your patience. Patty &"WZu y 100'Lleand! Path M. Burnette generaCServices Coordinator City of Okeechobee SS Southeast 3rd Avenue Okeechobee, rTL 34974 Teb 863-763-3372 ext. 218 Tax: 863-763-1686 e-maiC- pburnette@cityofokeechobee.com -website: www.ci O okeechobee.com J NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. Melisa Jahner From: Melisa Jahner <mjahner@cityofokeechobee.com> Sent: Wednesday, May 20, 2015 12:43 PM To: Celeste Smith; Property Appraiser Ofc - Russ Duncan (r.duncan@okeechobeepa.com) Cc: Lane Gamiotea Subject: City of Okeechobee Rezonings Attachments: ord 1122.pdf; ord 1123.pdf Good Afternoon, Attached you'll find the following: Ordinance No. 1122, rezoning a certain tract of land consisting of 1.628 acres, from Commercial Professional Office (CPO) Zoning District to Heavy Commercial (CHV) Zoning District; and Ordinance No. 1123, rezoning two vacant unplatted parcels, consisting of 5.01 acres: Parcel One, from Okeechobee County Neighborhood Commercial -Two (NC -2) Zoning to City Heavy Commercial (CHV) Zoning District Parcel Two, from Okeechobee County Agriculture (AG) Zoning to City Heavy Commercial (CHV) Zoning District. Should you have any questions, please contact me. &"Wi 4 f 100 I/ea w / Melisa Jahner, CMC Deputy Clerk City of Okeechobee 55 SE 3`d Avenue Okeechobee, FL 34974 863-763-3372 ext. 215 863-763-1686 (fax) Notice: Any Electronic Data Sent Or Received through This E -Mail Address is Public Record and Governed By: the State of Florida, Public Records Law. Melisa Jahner From: Melisa Jahner <mjahner@cityofokeechobee.com> Sent: Wednesday, May 20, 2015 12:29 PM To: Bill Brisson; JLW@crarybuchanan.com Cc: Lane Gamiotea Subject: Ord 1122 (15-001-R), Ord 1123 (15-002-R) Attachments: ord 1122.pdf, ord 1123.pdf Good afternoon, Attached you'll find Ordinance No. 1122, Rezoning Petition No. 15-001-R and Ordinance No. 1123, Rezoning Petition No. 15-002-R which were approved at the May 19, 2015 City Council meeting. As soon as the May 19th minutes are completed they will be forwarded to you. Melisa Jahner, CMC Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 863-763-3372 ext. 215 863-763-1686 (fax) Notice: Any Electronic Data Sent Or Received through This E -Mail Address is Public Record and Governed By: the State of Florida, Public Records Law. 1 Melisa Jahner From: Melisa Jahner <mjahner@cityofokeechobee.com> Sent: Tuesday, May 19, 2015 11:13 AM To: JLW@crarybuchanan.com Cc: Lane Gamiotea Subject: May 19 City Council Meeting Attachments: May 19.pdf; ord 1122.pdf; ord 1123.pdf; ord 1120.pdf Good Morning Jennifer, Attached you'll find the agenda and exhibits for tonight's City Council meeting regarding: Ord 1120 —Voluntary Annexation Petition No. 10 Ord 1122 — (15-001-13 Seniors R Able, Inc) Ord 1123 — (15-002-11 OHCF Properties, LLC) Melisa Jahner, CMC Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 863-763-3372 ext. 215 863-763-1686 (fax) Notice: Any Electronic Data Sent Or Received through This E -Mail Address is Public Record and Governed By: the State of Florida, Public Records Law. Melisa Jahner From: Lane Gamiotea <Igamiotea@cityofokeechobee.com> Sent: Friday, May 01, 2015 2:49 PM To: Tara Rowley; catherine.mckenzie@att.com; CCAHC JD Mixon; OKMS-Sharie Turgeon; 'Jennifer L. Williamson' Cc: City-Melisa Jahner; City -Marty Thomas Subject: FW: May 5 City Council Agenda Attachments: Agenda May 5 2015.pdf A copy of the agenda only for May 5, 2015, City Council Meeting Lane Earnest-Gamiotea, CMC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, FL 34974 863-763-3372 ext 215 863-763-1686 fax 863-697-0345 cell cityofokeechobee. com PUBLIC RECORDS NOTICE: All e-mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and content, are subject to the provisions of the Florida Public Records Law, Florida Statute Chapter 119, and may be subject to disclosure. Patty Burnette From: Patty Burnette <pburnette@cityofokeechobee.com> Sent: Friday, April 10, 2015 1:49 PM To: sdobbs@stevedobbsengineering.com; Jennifer L. Williamson (JLW @crarybuchanan.com) Subject: PB/BOA meeting 4/16/15 Attachments: Agenda April 2015.pdf; 15 -001 -SSA Staff Rpt.pdf Hi Steve and Jennifer. Please be advised that the Planning Board/Board of Adjustment and Appeals of the City of Okeechobee will be considering the following on Thursday, April 16, 2015 at 6:00 p.m., or as soon thereafter as possible, in the City Council Chambers: • Application No. 15 -001 -SSA to change the Future Land Use Map classification from Okeechobee County Urban Residential Mixed Use to City Commercial on approximately 5.01 acres, located between the Okeechobee Health Care Facility and the west bank of Taylor Creek. • Rezoning Petition No.15-001-R to Rezone 1.628 acres, located between North Parrott Avenue and the Okeechobee Health Care Facility, from Commercial Professional Office to Heavy Commercial for the purpose of constructing a parking lot. • Rezoning Petition No. 15-002-R to Rezone approximately 5.01 acres from Okeechobee County Neighborhood Commercial -2 and Agriculture, to City Heavy Commercial, located between the Okeechobee Health Care Facility and the west bank of Taylor Creek for the purpose of expanding the existing nursing home/assisted living facility. • Petition No. 15 -002 -SE, to allow an assisted living facility as defined in F.S. 429.02, and a nursing home within a Heavy Commercial Zoning District on approximately 5.01 acres, located between the Okeechobee Health Care Facility and the west bank of Taylor Creek. A copy of the Planning Board/Board of Adjustments and Appeals Agenda is attached, along with copies of the Staff Reports. Will be forwarding these in a couple of emails as they are two large to send at one time. Should you have any questions, or if you, or a representative, cannot attend this meeting please let me know. Thank you, Patty ec&A'a tfq 100% Ccw! Patty Burnette From: Patty Burnette < pburnette@cityofokeechobee.com > Sent: Friday, April 10, 2015 1:51 PM To: sdobbs@stevedobbsengineering.com; Jennifer L. Williamson (JLW@crarybuchanan.com) Subject: PB/BOA Meeting 4/16/15 Attachments: 15-001-R Staff Rpt.pdf; 15-002-R Staff Rpt.pdf 2nd email. c�C�ei� PDO `1;CCiil�! Pam, M. Burnette GeneraBervices Coordinator City of Okeechobee SS Southeast 37-d Avenl.ce Okeechobee, ''L 34974 T"ek 863-763-3372 ext. 218 Eax: 863-763-1686 e -mad Libl.irnetteocitlioEokeecli.obee.com website: 1l1,11'.citiloEokeecl iobee.corrn. NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 1 Patty Burnette From: Patty Burnette <pburnette@cityofokeechobee.com> Sent: Friday, April 10, 2015 1:52 PM To: sdobbs@stevedobbsengineering.com; Jennifer L. Williamson (1LW@crarybuchanan.com) Subject: PB/BOA Meeting 4/16/15 Attachments: Staff Rpt 15-002-SE.pdf 3rd and final email Patty VL Burnette GeneraCServices Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, "FL 34974 T"'e[ 863-763-3372 ext. 218 Fax: 863-763-1686 e-ntaif- pbli��aiette�2c►ayofokeecliobee.cor�l. website: ~Ate'.1,1".citilo okeecliobee.corrn. NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. I f Pattv Burnette From: Jennifer L. Williamson <JLW@crarybuchanan.com> Sent: Wednesday, March 18, 2015 5:11 PM To: Patty Burnette Subject: OHCF Properties, LLC: Rezoning, Special Exception & Comp Plan Amendment Patty, Pursuant to our discussion and review of the parcels' surveys, please adjust the acreage reflected on the above referenced applications as follows: East Parcel: 2.04 acres North Parcel: 2.97 acres Please let me know the additional application fees associated with this increased acreage. Thank you, Jenn Jennifer L. Williamson Shareholder — Board Certified Real Estate Crary ❖ Buchanan 759 S.W. Federal Highway, Suite 106 1 P.O. Drawer 24 1 Stuart, FL 34995-0024 Telephone (772) 287-2600 1 Direct Fax (772) 223-4362 1 Email Jw(a-crarvbuchanan.com UUO 0•UU * 2-9'f + 2•U4 + .) r J 5.01 * Patty Burnette From: Melisa Jahner < mjahner@cityofokeechobee.com > Sent: Thursday, March 19, 2015 9:09 AM To: Patty Burnette Subject: FW: Parcel acreage From: Debbie Conroy[mai Ito: d.conroy0okeechobeepa.com] Sent: Thursday, March 19, 2015 9:07 AM To: 'Melisa Jahner' Subject: Parcel acreage Melisa, After looking at parcel 1-10-37-35-OAOO-00001-8000 on our system and looking at the survey that you provided we have determined that your survey is correct and we have adjusted our acreage to 2.035. Debra (7. Conroy Data Aldnager Okeechobee Co. RI. C)fu-e 863-763-4422 P�lic Records Notice: Horidfj has a ver% broad public records law, Written cormuunications to or from state and local officials regarding state or local business are public records available to the public and media upon. request. Your email communications ma)therefore be sul?icet to public disclosure. Patty Burnette From: Jennifer L. Williamson <JLW@crarybuchanan.com> Sent: Wednesday, March 18, 2015 5:00 PM To: John Cook Cc: Patty Burnette; City-Melisa Jahner Subject: RE: legal ad Hey John, Well, I've emailed with Patty re a discrepancy in the parking lot legal today, but this is the first I've heard about an issue w/ the legals or acreage on the properties to be annexed. Lovely! Looking at the surveys — they show the East Parcel to be 2.035 (2:04) acres; the North Parcel to be 2.965 2.97) acres. The Property Appraiser has the East Parcel as 1.25 acres, so that was where that got picked up and I did not notice this discrepancy. Looking at the legal from the East Parcel survey and our root deed, neither contain the "approximately 1.250 acres" language. I do not believe that an acreage calculation is binding given the approximate qualifiers. I researched and found Board of Trustees v. Lost Tree Village Corporation, 805 So.2d. 22 (Fla. 4`h DCA 2001), where the Court held that of all the descriptive particulars, quantity is regarded as the least reliable and yields to calls for monuments, distances and courses, unless a clear intent as to quantity is manifested. Given the use of "approximately" and the "+/-" where we say acreage, and the note that the complete legal description by metes and bounds is available for public inspection at the Clerk's Office, I agree with you that the acreage calculation is not binding, and we can adjust the acreage in the 2nd ad and reading. Please let me know if you'd like me to prepare an Amended Pre -Annexation Agreement. Thanks, Jenn From: John Cook [mailto:lrcook1648@yahoo.comj Sent: Wednesday, March 18, 2015 4:02 PM To: Jennifer L. Williamson; Lane Gamiotea Subject: legal ad Jennifer; I guess you heard the boundary survey on the parcels shows quite a bit more acreage than thought, and the ad you ran stated incorrect acreage; however, as I told Melisa, if the exhibits you forwarded set out the correct legal description, even tho the acreage may be different, I do not think it needs to be re -advertised and re -do the first ordinance reading; the correct acreage can be set forth in the second ad and second reading of the ordinance; if you think otherwise, let me know thx jcook "% New Search i Search Results I Parcel Details I GIS Map NO Me- Ap, 1lemd Seerch GIS Map Sales Report General Inf FAQ Exemptic Amendment i Amendment 10 (Save our Homes) TPP Tangible Personal Property Tax Links Download Forms Important Dates Contact Us Budget Report Sales Questlonoaire Homestead Fraud VAB Value Adjustment Board H8 909 60 FL East, NAD83 I x,y 0712453.2, 1063253.2 Legax S/' Pa V Pa Stl Lo Lo' Al r GrizzlvLoaiccom Patty Burnette From: markdpatureau@usegsi.com Sent: Wednesday, March 18, 2015 3:00 PM To: pbumette@cityofokeechobee.com Cc: expeditionsm@gmail.com; T. Michael Subject: GSI #15-145 Attachments: 15-145 okee prop appraiser.pdf I'm not sure what you are basing the 1.25 acre figure on, but it is not this parcel. If I can help in any way, please don't hesitate to call. Thank Marr D. Patureau Autocad Su[A Sun c� Technician S 1934 Tucker Court Fort Pierce, Florida 34950 772.419.8383 Office 772.971.6511 Cell 772.408.4208 Fax markdpaturcau(ause sg i.coii� CITY OF OKEECHOBEE, FLORIDA No 3 $ 8 7 55 S.E. 3rd Avenue, Okeechobee, FL 34974 (863) 763.3372 33 20 1.5 RECEIVED from Li fe -,� le s ffea. 0-h ea.re , UTy i le �cc� d-re c(� n s l i d e s u 3011 as Dollars Ctoo cs t� a a� _ 4.19&5 CLERK CITY OF OKEECHOBEE'FLORIDA 0 3 8 9 01 55 S.E. 3rd Avenue, Okeechobee, FL 34974 N_ (863) 763.3372 RECEIVED from M 2- ;to 20 /5' Dollars U goo $ L/ 4-W �// E 7 / CLERK CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34974 N2 3 8 9 0 2 (863) 763.3372 —3'-o 20 RECEIVED from�� e7 $ -gv ZV C-KP-ViL73 ,�>l4j.I CITY OF OKEECHOBEE'FLORIDA 3 8 9 0 3 55 S.E. 3rd Avenue, Okeechobee, FL 34974 N_0 (863) 763.3372 r _ RECEIVED from -t-61 $ d of - t1y C�-g L11If 73- r CLERK Dollars 100 20 IS - Dollars goo