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2015-04-1614 act, Pie,eeting SpiaiL & hc,ej I. CALL TO ORDER - Chairperson. Regular Meeting, April 16, 2015, 6:00 p.m. CITY OF OKEECHOBEE PLANNING BOARD AND BOARD OF ADJUSTMENT CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 SUMMARY OF BOARD ACTION FOR APRIL 16, 2015 II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Elbert Batton Board Member Phil Baughman Board Member Karyne Brass Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Bobby Keefe Alternate Board Member William O'Brien Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the February 19, 2015, regular meeting. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 OF 14 TI SCUSSIoI Chairperson Hoover called the April 16, 2015, regular meeting to order at 6:01 p.m. Board Secretary Burnette called the roll: Present Present Present Present Present Present Absent (with consent) Present (moved to voting position) Present Present Present Present Member Baughman moved to dispense with the reading and approve the Summary of Board Action for the regular meeting of February 19, 2015; seconded by Member McCoy. There was no discussion on this item. VOTE HOOVER - YEA MCCOY - YEA BATTON - YEA JONASSAINT -YEA MCCREARY - ABSENT KEEFE - YEA BAUGHMAN - YEA BRASS - YEA O'BRIEN - NIA MOTION CARRIED. Chairperson Hoover asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There being none the agenda stands as published. 1 1 1 V. OPEN PUBLIC HEARING - Chairperson. A. Application No. 15 -001 -SSA, Comprehensive Plan Future Land Use Map classification change 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 (Exhibit 1). 1. Hear from Planning Staff. 2. Hear from the Property Owner or designee /agent - OHCF Properties, LLC, Faye Haverlock, Manager. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications by the Board. 5. a) Consider a motion for recommendation to the City Council to approve or deny application. APRIL 16, 2015 - PLANNING BOARD - PAGE 2 OF 14 15 CUssI CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:02 P.M. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 15-001-SSA, requesting to change the Future Land Use (FLU) classification on two parcels of land from Okeechobee County Urban Residential Mixed Use (URMU) to City Commercial on approximately 5.01 acres, located between the Okeechobee Health Care Facility and the west bank of Taylor Creek. In addition, there is a concurrent Rezoning Petition No. 15 -002 -R for these parcels. Chairperson Hoover yielded the floor to City Planning Consultant Brisson, who reviewed the application and his recommendation for approval, based on the findings within the Planning Staff Report. He explained the application involves two parcels of land currently within the unincorporated portion of the County and in the process of being annexed into the City. Both parcels are vacant and undeveloped. According to the applicant, the proposed plan for the property is to expand the existing nursing home, food preparation facilities, nursing stations, associated parking, and drainage. 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. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked Board Members to disclose, for the record, whether they had spoken to the applicant or anyone else regarding the application, as well as whether they had visited the site. There were none. The Board is required to review the following Planning Staff findings prior to making a recommendation: The application was found to be consistent with the City's Comprehensive Plan, specifically within the FLU Element Policy 2.2 relating to protecting the use and value of private property, and Objective 12 which is to encourage compatibility with adjacent uses and limit uses inconsistent with the character and land uses of surrounding areas, and to discourage urban sprawl. Regarding the adequacy of public facilities, the applicant submitted letters from the Okeechobee Utility Authority confirming the authority has sufficient capacity to provide the needed potable water and wastewater treatment services associated with the proposed nursing home. Based on the traffic generation factor for a nursing home cited in the ITE 8th Edition of Traffic Generation, an additional four trips will be made during the pm peak hour for the 18 new beds being added as a result of the planned expansion. Thus, it appears the level of traffic generated will have a minimal impact on North Parrott Avenue (U.S. Highway 441). 16 V. PUBLIC HEARING - CONTINUED. A. 5. a) Consideration of a motion to recommend the City Council approve or deny Application No. 15 -001 -SSA continued. b) Board discussion. c) Vote on motion. B. Consider LDR Text Amendment Application No. 15- 002 -TA rescinding Code Chapter 71 Impact Fees (Exhibit 2). 1. Hear from City Staff. APRIL 16, 2015 - PLANNING BOARD - PAGE 3 OF 14 CUSS!O Regarding solid waste, the County recently confirmed a considerable level of excess capacity available to serve the solid waste disposal needs in the City. The additional 18 nursing home beds will have no measurable effect upon the solid waste disposal capacity. The proposed development will be required to address, during site plan review, that it meets all drainage standards required by the City and South Florida Water Management District (SFWMD). The applicant has stated that other than a small wetland area on the northernmost parcel, that may require consideration, the subject properties have been in urban usage for many years. The properties contain no environmentally sensitive areas, valuable habitat or other physical attributes that would limit development. Given the County's FLU designations of Commercial Corridor Mixed Use (CCMU) and URMU currently applied to the surrounding unincorporated properties, there is no significant detrimental effect upon those properties as the result of a Commercial FLU designation for the subject properties under the City's Comprehensive Plan . Based on the findings within the Planning Staff Report and Mr. Brisson's recommendation for approval, a motion and second was offered by Members Baughman and Batton to recommend the City Council approve Application No. 15- 001 -SSA, changing the FLU classification from Okeechobee County URMU to City Commercial on approximately 5.01 acres located between the Okeechobee Health Care Facility and the west bank of Taylor Creek. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA JONASSAINT -YEA MCCOY - YEA BATTON -YEA MCCREARY - ABSENT KEEFE - YEA BAUGHMAN - YEA O'BRIEN - N/A BRAss -YEA MOTION CARRIED. The recommendation will be forwarded and heard before the City Council for a Final Public Hearing on May 5, 2015 (tentatively). LDR Text Amendment Application No. 15- 002 -TA rescinding Code Chapter 71 Impact Fees. Chairperson Hoover yielded the floor to Administrator Whitehall who reviewed a memorandum addressed to the Board regarding the City's Impact Fees. He spoke briefly about the history from the adoption of Ordinance No. 985, creating them, to the moratorium on fee collection, to the extensions of the moratorium. The City's current moratorium on fee V. PUBLIC HEARING - CONTINUED. B. 1. Hear from City Staff for Application No. 15- 002 -TA continued. 2. Public comments or questions from those in attendance, or submitted to the Board Secretary. 3. Disclosure of Ex -Parte Communications by the Board. 4. a) Consider a motion for recommendation to the City Council to approve or deny application. b) Board discussion. c) Vote on motion. C. Consider LDR Text Amendment Application No. 15- 003 -TA amending Code Chapter 82 Natural Resource Protection, regarding Flood Hazard Zone Regulations, Procedures and Criteria for Development in Flood Hazard Areas (Exhibit 3). APRIL 16, 2015 - PLANNING BOARD - PAGE 4 OF 14 17 ,TI CUSSIO collection will expire on June 30, 2015. The other two taxing agencies, of which the City has Interlocal Agreements with, have adopted ordinances that terminate their impact fee program. Included with the memorandum was a listing of specific capital improvements the City was required to identify as part of the initial fee study as well as a list of all fees collected and what capital project or equipment the funds were allocated too. While the City was unable to retire all of the capital improvements listed, unlike the County or School District, the City will be able to close the fund with no excess monies for distribution. Administrator Whitehall is requesting the Board recommend to the City Council to repeal the collection of impact fees. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the application. There were none. Board Member McCoy made a motion to recommend the City Council approve LDR Text Amendment Application No. 15- 002 -TA, rescinding Code Chapter 71 Impact Fees, seconded by Board Member Brass. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCOY - YEA BATTON - YEA JONASSAINT -YEA MCCREARY - ABSENT KEEFE - YEA BAUGHMAN - YEA BRASS - YEA O'BRIEN - N/A MOTION CARRIED. The recommendation will be forwarded and heard before the City Council for a Final Public Hearing on May 19, 2015 (tentatively). LDR Text Amendment Application No. 15- 003 -TA amending Code Chapter 82 Natural Resource Protection, regarding Flood Hazard Zone Regulations, Procedures and Criteria for Development in Flood Hazard Areas. 18 V. PUBLIC HEARING - CONTINUED. C. 1. Hear from City Staff for Application No. 15- 003 -TA continued. 2. Public comments or questions from those in attendance, or submitted to the Board Secretary. 3. Disclosure of Ex -Parte Communications by the Board 4. a) Consider a motion for recommendation to the City Council to approve or deny application. b) Board discussion. c) Vote on motion. APRIL 16, 2015 - PLANNING BOARD - PAGE 5 OF 14 Chairperson Hoover yielded the floor to Administrator Whitehall who reviewed a memorandum addressed to the Board regarding the adoption of new flood plain management measures that are required Federally as a condition of continued eligibility in the National Flood Insurance Program for the City. He explained this is a complex issue the City is being tasked with. Basically, the City has no recourse and must adopt the Flood Insurance Rate Map as this will be required in order to get flood insurance. The Federal Emergency Management Agency (FEMA) will no longer be subsidizing the flood insurance program and it is their intention to move the liability to municipalities. Most of the City is not located in a flood zone area and identified as Zone X. The new map is to be effective July 16, 2015. The City's Ordinance should mirror the County's. Member Brass inquired as to why chickees are not exempted from the federal regulations. Administrator Whitehall commented they are exempted from the Florida Building Code for obtaining building permits although FEMA is requiring everything to be included for flood plain measures. Member Jonassaint inquired as to the City's leverage and Administrator Whitehall responded that we have no leverage. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the application. There were none. Board Member Keefe made a motion to recommend the City Council approve LDR Text Amendment Application No. 15- 003 -TA, amending Code Chapter 82 Natural Resource Protection, regarding Flood Hazard Zone Regulations, Procedures and Criteria for Development in Flood Hazard Areas, seconded by Board Member McCoy. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCOY - YEA BATTON - YEA BAUGHMAN - YEA BRASS - YEA JONASSAINT -YEA MCCREARY - ABSENT KEEFE - YEA O'BRIEN - N/A MOTION CARRIED. The recommendation will be forwarded and heard before the City Council for a Final Public Hearing on June 16, 2015 (tentatively). i i V. PUBLIC HEARING - CONTINUED. QUASI- JUDICIAL ITEM: D. Petition No. 15- 001 -R, 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 (Exhibit 4). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 15 -001 -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 - Seniors R Able, Inc, Jennifer Williamson, Agent. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. APRIL 16, 2015 - PLANNING BOARD - PAGE 6 OF 14 Rezoning Petition No. 15- 001 -R, requesting to rezone 1.628 acres, located between North Parrott Avenue and the Okeechobee Health Care Facility, from Commercial Professional Office (CPO) to Heavy Commercial (CHV) for the purpose of constructing a parking lot. 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 the applicant is requesting to rezone a 1.628 acres parcel immediately west of the existing nursing home to accommodate a new parking lot. The current CPO Zoning designation doesn't provide for a parking lot. The parcel has received site plan approval by the Technical Review Committee, with minor modifications. 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. Mr. Dobbs commented the applicant has applied to widen the entrance, from North Parrott Avenue (U.S. Highway 441) into the facility, from the current 20 feet to 28 feet. Member Jonassaint inquired about the lighting and whether it would affect the residents to the South. Mr. Dobbs commented the applicant was sensitive to this situation and picking lights accordingly. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the application. There were none. 19 20 V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. D. 6. a) Consider a motion for recommendation to the City Council to approve or deny Petition No 15- 001 -R. b) Board discussion. APRIL 16, 2015 - PLANNING BOARD - PAGE 7 OF 14 CU:SSION.. Planning Staffs findings are as follows: The proposed rezoning is consistent with the Comprehensive Plan as the FLU designation is Commercial. The proposed use is specifically authorized under the zoning district, and will not have an adverse effect on the public interest as the proposed parking lot will improve upon the informal parking that has occurred on the property for years. 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, the existing use is a hospital, with a County Future Land Use of CCMU, and County Zoning of Residential General (RG). The existing use to the East is a nursing home facility, with a Commercial Future Land Use, and a Zoning of CHV. To the South, the existing use is vacant, with a Commercial Future Land Use, and CHV Zoning. Finally, to the West, is a surgical center, with a County Future Land Use of CCMU and County Zoning of Commercial. 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 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 property to the North is also a parking lot for a hospital, so this too requires no need for buffering. The proposed parking lot has no effect upon density and will not overburden public facilities such as schools, streets, and utility services. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. A paved parking lot will actually improve public safety, and drainage will meet all standards required by the City and SFWMD, which should represent an improvement over the current unpaved parking area. The proposed use has not been inordinately burdened by unnecessary restrictions. Board Member Brass made a motion, based on Planning Staffs findings and recommendation, to recommend the City Council approve 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, seconded by Board Member McCoy. Chairperson Hoover asked whether there was any further discussion. There was none. 1 1 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. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. APRIL 16, 2015 - PLANNING BOARD - PAGE 8 OF 14 21 CUSSION= VOTE HOOVER - YEA JONASSAINT -YEA MCCOY - YEA BATTON - YEA MCCREARY - ABSENT KEEFE - YEA BAUGHMAN -YEA O'BRIEN - N/A BRASS - YEA 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. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. 22 V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. E. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consider a motion for recommendation to the City Council to approve or deny petition. APRIL 16, 2015 - PLANNING BOARD - PAGE 9 OF 14 cuSStot Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the application. There were none. Planning Staffs findings are as follows: The proposed rezoning is being addressed concurrently with the Applicant's request for annexation into the City and for a Small Scale Amendment 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. 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 ENI SCUSSI! V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. E. 6. a) Consider a motion for recommendation to the City Council to approve or deny Petition No. 15 -002 -R continued. b) Board discussion. c) Vote on motion. F. 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 (Exhibit 6). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 15-002-SE will be required to take an oath, respond, and give your full name and address). Board Member Baughman made a motion, based on Planning Staffs findings and recommendation, to recommend the 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. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCOY - YEA BATTON - YEA JONASSAINT -YEA MCCREARY - ABSENT KEEFE - YEA BAUGHMAN -YEA O'BRIEN - N/A BRASS - YEA 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 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. 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. 24 V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. F. 2. Hear from Planning Staff on Petition No. 15- 002 -SE. APRIL 16, 2015 - PLANNING BOARD - PAGE 11 OF 14 CUSSION Chairperson Hoover yielded the floor to City Planning Consultant Brisson, who explained the matter before them is a Special Exception to allow the expansion of the existing nursing home located at 1650 U.S. Highway 441, North. This expansion will include the possibility of being used as either a nursing home or an assisted living facility. The subject properties are being annexed into the City and are also the same two vacant parcels as previously considered and recommended by the Board, Comprehensive Plan Amendment Application No. 15-001-SSA and Rezoning Petition No. 15- 002 -R. With the approvals, the subject parcels will carry a FLU designation of Commercial and be zoned CHV. Planning Staffs recommendation for approval is based on two sets of criteria. One being the site's consistency with the current LDR's, and the other, findings required to consider a Special Exception. Planning Staff's responses to the applicant's presentation on consistency with the LDR's are, the location and specific site are appropriate for the proposed uses, no preliminary site layout has been provided although, the expansion located east of the existing facility is logical, and adjacent properties are afforded adequate spatial buffers. Even thought the City Limits Ditch may prove an acceptable spatial buffer, some landscape buffering may be necessary along the southern boundary adjacent to the single family zoned property. There will be no significant effects upon the surrounding properties, although such uses sometimes require emergency ambulance services, and the lighting from parking areas, which can be a nuisance to adjacent residential areas. The site plan should locate the entrance for the ambulances and parking areas expected to be used during nighttime hours as far as possible from the residentially zoned properties to the south. Since the proposed expansion is for only 18 beds, any increase in the demand upon utilities, sanitary sewer, solid waste, or traffic, will be minor. Planning Staffs responses to the applicant's presentation on the required findings to consider the Special Exception are, the proposed use is not contrary to the Comprehensive Plan. Nursing homes and assisted living facilities are specifically listed as Special Exception uses in the CHV Zoning District. The proposed uses will be directly associated with the existing use to the west and not be expected to have an adverse effect upon the public interest. The particular uses requested are appropriate for the proposed location, compatible with adjacent uses and not detrimental to urbanizing land use patterns. The uses are not believed to adversely affect property values or living conditions. There may be a need for some landscape buffering along the southern boundary adjacent to the single family zoned property. The uses will not create a density pattern that will overburden public facilities such as streets, schools, and utility services. The expansion is not expected to significantly increase traffic and should have no effect on public safety. Mr. Brisson is recommending approval 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 consider 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. V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. F. 3. Hear from the Property Owner or designee /agent - OHCF Properties, LLC, Jennifer Williamson, Agent - Chairperson 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consideration of a motion to approve or deny the petition with /without special conditions. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Chairperson. APRIL 16, 2015 - PLANNING BOARD - PAGE 12 OF 14 25 TI CUSSI 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. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the application. There were none. Board Member McCoy moved to approve Petition No. 15- 002 -SE, to allow an assisted living facility as defined in Florida Statute 429.02, and a nursing home within a CHV 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, seconded by Board Member Jonassaint. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCOY - YEA BATTON - YEA JONASSAINT -YEA MCCREARY - ABSENT KEEFE - YEA BAUGHMAN - YEA BRASS -YEA O'BRIEN - N/A MOTION CARRIED. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:58 P.M. 26 VI. NEW BUSINESS. A. Consider a request submitted by Aaron Feng, to extend the nonuse time limit, to September 1, 2015, on Special Exception Petitions No. 14- 003 -SE (wholesale, warehouse not including bulk storage of flammable liquids) and No. 14- 004 -SE (mechanical and repair services) for Lots 9,10,12,13, and a portion of 7 and 11 of Block 3, Southwest Addition, 1127 SW Park Street - City Planning Consultant (Exhibit 7). APRIL 16, 2015 - PLANNING BOARD - PAGE 13 OF 14 CUSS!Otl Request submitted by Aaron Feng, to extend the nonuse time limit, to September 1, 2015, on Special Exception Petitions No. 14-003-SE (wholesale, warehouse not including bulk storage of flammable liquids) and No. 14-004-SE (mechanical and repair services) for Lots 9, 10, 12, 13, and a portion of 7 and 11 of Block 3, Southwest Addition, 1127 SW Park Street - City Planning Consultant. Chairperson Hoover yielded the floor to City Planning Consultant Brisson, who explained the matter before them is a request to extend two Special Exceptions that were approved on August 21, 201 1.According to the City's LDR's, should a Special Exception use granted by the board of adjustment 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. The Special Exception approvals expired on February 17, 2015. There is a provision in the LDR's that allow the Board to consider a hardship when reviewing a request to extend a Special Exception approval that has lapsed. The Applicant, Mr. Feng, submitted a letter dated February 23, 2015, in which he explains his hardship and difficulties with understanding the procedures and licensing required to open a business here in the United States. Mr. Feng is currently in the United States on a business visa. The visa is only valid for a maximum of six months and then an extension must be applied for. He applied for an extension and is waiting to hear whether it has been approved or not. Should his application be denied, he would need to return to China for awhile. The renovation process and hiring a contractor took a little longer than he planned and extra time is needed for his inventory to be shipped from China. He is requesting extra time to be able to hire locally and be able to train his employees, as well as have extra time to order and receive his inventory. He provided pictures of the substantial progress he has made with the building and the property. Mr. Brisson further stated he believes these efforts have met the intent of the provisions in the City LDR's and allow the Board to renew the Special Exception approvals. While Mr. Feng has requested an extension to September 1, 2015, Mr. Brisson is suggesting the extension should not exceed the term of the original approval of 180 days. Therefore, Mr. Brisson suggested the renewal be granted only for a period of 180 days beginning on February 17, 2015. Board Members Hoover, Brass, and Baughman expressed concern over what to do should Mr. Feng need additional time since the LDR's do not state whether a person could extend more than 180 days and he was requesting an extension until September 1, 2015. After a lengthy discussion, Member Keefe made a motion to approve the extensions for Special Exception Petitions No. 14-003-SE (wholesale, warehouse not including bulk storage of flammable liquids) and No. 14- 004 -SE (mechanical and repair services) for Lots 9, 10, 12, 13, and a portion of 7 and 11 of Block 3, Southwest Addition, 1127 SW Park Street until August 15, 2015, with instruction to the Board Secretary to contact Mr. Feng, before August 15, 2015, and inquire as to whether an additional extension would be needed, seconded by Member Baughman. 1 i VI. NEW BUSINESS. A. Consider a request submitted by Aaron Feng, to extend the nonuse time limit, to September 1, 2015, on Special Exception Petitions No. 14- 003 -SE (wholesale, warehouse not including bulk storage of flammable liquids) and No. 14- 004 -SE (mechanical and repair services) for Lots 9, 10, 12, 13, and a portion of 7 and 11 of Block 3, Southwest Addition, 1127 SW Park Street continued. B. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are for the sole purpose of backup for official records. id (Ltvv \j ATTEST: Dawn T. Hoover, Chairperson Patty M. B nette, Secretary APRIL 16, 2015 - PLANNING BOARD - PAGE 14 OF 14 27 VOTE HOOVER - YEA JONASSAINT -YEA MCCOY -YEA BATTON - YEA MCCREARY - ABSENT KEEFE - YEA BAUGHMAN - YEA O'BRIEN - N/A BRASS - YEA MOTION CARRIED. Chairperson Hoover asked whether there were any additional requests for amendments to the City's Land Development Regulations. There were none. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 7:24 p.m. 41120444—Page 1 of City of Okeechobee Planning Board AND Board of Adjustment City Hall, 55 SE 3rd Avenue, Room 200, Okeechobee, Florida 34974 Patty's Handwritten Minutes April 16, 2015 I. Call To Order - Chairperson: Chair Hoover called the April 16, 2015, Regular Meeting to order at II. Chairperson, Board Member Staff Attendance - Secretary. p.m. III. Minutes - Secretary.( I r ±^ A. Board Member moved to dispense with the reading and approve the Summary of Board Action for the February 19, 2015, regular meeting; seconded by Board Member + Discussion: VOTE PRESENT ABSENT (W OR W/O CONSENT) Chairperson Hoover ✓ NONVOTING ABSTAINED Vice Chairperson McCoy ✓ ✓ Board Member Batton McCOY Board Member Baughman Board Member Brass v� BATTON Board Member Jonassaint Board Member McCreary BAUGHMAN �, ►>> '. �— Alternate Board Member Keefe ✓ r!r -" r Alternate Board Member O'Brien Planning Consultant Brisson, Senior Planner �� JONASSAINT Board Attorney Cook Board Secretary Burnette ✓ McCREARY III. Minutes - Secretary.( I r ±^ A. Board Member moved to dispense with the reading and approve the Summary of Board Action for the February 19, 2015, regular meeting; seconded by Board Member + Discussion: VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER ✓ McCOY BATTON '� BAUGHMAN BRASS JONASSAINT McCREARY '� KEEFE ✓ O'BRIEN RFSIJI TS_ t RIFD _ -' DFNIFD IV. Agenda - Chairperson. A. Chair agenda V. CHAIR A. 't1120114Page 2 of asked whether there were any requests for the addition, deferral or withdrawal of items on today's OPENED THE PUBLIC HEARING AT (.D :0 ), P.M. Application No. 15- 001 -SSA, Comprehensive Plan Future Land Use Map classification change 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 (Exhibit 1). 1. Hear from Planning Staff, N:;ocei‘s of bet n Qn neActd ) rFfv Cc 4r1�cr -= arCe,I,� ti.►re c�rcntc vacs -ti-� -� i I: An eyed y Dv,f) cs re. C om Of se eons -is+ t £U m Comp fJla n c p P (Ov/L Q. '#1120114Page 3 of 2. Hear from the Property Owner or designee /agent - OHCF Properties, LLC, Faye Haverlock, Manager. 6+tv2 mos J-enr) 031 I ( 10015 x ui- ��? I ryl S4a✓m In 1 Wr(ly is W� � ha�2 � rn ��`- .. r: .01 s- I-avw�- �' 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. nom. -- 14J2011 age 4 of 4. Disclosure of Ex -Parte Communications by the Board. 5. a) Consider a motion for recommendation to the City Council to approve or deny application. Board Member ,^`` #`' made a motion to rmmend /not recommend the City Council a „pprove /deny Application No. 15 -001 -SSA, Comprehensive Plan Future Land Use Map classification change 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, seconded by Board Member * b) Board discussion. rot, ''"„ O "'—, ;-Page 5 of c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON BAUGHMAN BRASS JONASSAINT McCREARY KEEFE O'BRIEN RFSIJI TS. CARRIFD DFNIFD The recommendation will be forwarded and heard before the City Council for a Final Public Hearing on May 5, 2015 (tentatively). B. Consider LDR Text Amendment Application No. 15- 002 -TA rescinding Code Chapter 71 Impact Fees (Exhibit 2). 1. Hear from the City Staff. 411 (4-AAA `ail? can niu. ata. �,` "4-1) C �. i U ,r ? { .e 2. Public comments or questions from those in attendance, or submitted to the Board Secretary. 1- 11261t4Page 6 of 3. Disclosure of Ex -Parte Communications' by the Board. 4. a) Consider a motion for recommendation to the City Council to approve or deny application. Board Member made a motion tdrecommend /not recommend the City Council aprove /deny LDR Text Amendment Application No. 15- 002 -TA rescinding Code Chapter 71 Impact Fees, seconded by Board Member b) Board discussion. n cow. - aha-4, . rh s� `, 'ees — L6-2 s c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON BAUGHMAN BRASS JONASSAINT McCREARY KEEFE O'BRIEN RFSl1I TS: CARRIFD 11FNIFD The recommends owl be forwarded and heard before the City Council for a Final Public Hearing on May 19, 2015 (tentatively). - - 4- 112Ottir Page 7 of C. Consider LDR Text Amendment Application No. 15- 003 -TA amending Code Chapter 82 Natural Resource Protection, regarding Flood Hazard Zone Regulations, Procedures and Criteria for Development in Flood Hazard Areas (Exhibit 3). 1. Hear from the City Staff. V1 p+1 bOkitt kal-1- AGLVvu.r� s�n� o ✓ CUMpJe issu.. ( cart► ood p1 Drdtanc.� s f i , a-1 •0 -)cc -- are i riaL Ktot ;panels o.P no4 -c.. asp sn WeloAllt , 1b41 - in 70i-a A01/CQ U J (Ccnr�trL -7/1 L 115 iliac) rfrl- J +D Y�-t L Ce. 056- e, S L C%1 (Sl1 .— (,JLI ( 41,11 (Q {C f1lZI i1D oY D n I--1 e_. e- hLc.a- wavl r � I/Ll YYlfiltivunt, 4-4- (n s-r•-f to 6'4- IC° ZIc( haS o_to p u ca..AvU.t_. b { � n s'ta �u 11-1-X {!00 ho ictLq C 99 'floc l 1 ■-j i AcLi cat td WILL( Of bit OA 610 r‘ o { -d act ap Pa bn ss f 1-6 21-A Poe4 C o- vt-t,&- 0-e I a n cc dz ` ✓ wa-t �r Pc 6-n, to 6- ci Coy ti - arko F 4-e 1 -- s "5 COL( In aS ro dootc. ) no r'P C Y Qctu_� P3 7 41. l`1 I 2. I 1:10 I aludcl no l- n - -food, z . 5pc_Ca► reCcue( err�. -� €te vu -t7 r-1' Cep- I ate OVA 03L-5,1 co. ‘c,,u, 41120114 —Page 8 of 2. Public comments or questions from those in attendance, or submitted to the Board Secretary. 3. Disclosure of Ex -Parte Communications' by the Board. 4. a) Consider a motion for recommendation to the City Council to approve or deny application. Board Member made a motion to recommend)not recommend the City Counc' approve /deny LDR Text Amendment Application No. 15- 003 -TA amending Code Chapter 82 Natural Resource Protection, regarding Flood Hazard Zone Regulations, Procedures and Criteria for Development in Flood Hazard Areas, seconded by Board Member b) Board discussion. 141 Ot gage 9 of a 1 c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON BAUGHMAN BRASS JONASSAINT McCREARY KEEFE O'BRIEN RESULTS: CARRIED DENIED The recommendation will be forwarded and heard before the City Council for a Final Public Hearing on June 16, 2015 (tentatively). QUASI- JUDICIAL ITEMS: D. Petition No. 15- 001 -R, 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 (Exhibit 4). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 15 -001 -R will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. pr : e ct- oje,z -I- of atterefvf- .( c f, s h ckAIR b ( + C Po doesyl + pruv t'dJ 4v poxi (ot rts-F f ctit w)11 i7c Cam. hos -ru nte- 1 ) (ALL c tin f-r c-7 S 3. Hear from the Property Owner or designee /agent - Seniors R Able, Inc, Jennifer Williamson, Agent. Gnu 10,n treunek in DOT -ID (poet tui.4, -'c- . crrva r I fG h� i1 tat- rte 40 c&1 LU 5O 1 +1 k;.e 0A-1( 1 (-+ n vc.,) h26tt4—Page 11 of 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. i 5. Disclosure of Ex -Parte Communications' by the Board. 6. a) Consider a motion for recommendation to the City Council to approve or deny petition. Board Member made a motion to recommend /not recommend the City Council approve /deny Petition No. 15- 001 -R, 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, seconded by Board Member b) Board discussion. 11\ ._1- 1120144-Page 12 of c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON BAUGHMAN BRASS JONASSAINT McCREARY ✓ KEEFE O'BRIEN RESULTS: CARRIED DENIED The recommendation will be forwarded and heard before the City Council for a Final Public Hearing on May 19, 2015 (tentatively). 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). ��- parCe, 5 as s 1 p 6t4 I, try) Co^m - + es o f p ro lo 1uyi-s . k) U) CWONJ 2. \ Hear from Planning Staff. D4 n/ufs Iry .1-4420114--Page 13'of 41-1227- cra. — is If irv. ctscGrlf 3. Hear from the Property Owner or designee/agent - OHCF Properties, LLC, Jennifer Williamson, Agent. 3(itte_ ti2,r Pit evra-) Corp ouY-5 peo p le 025 11 (ra IC d V1 eto: cqc tut Im oxut Lasu p .1442011-4—Page jai of 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. ntr.. 5. Disclosure of Ex -Parte Communications' by the Board. 6. a) Consider a motion for recommendation to the City Council to approve or deny petition. Board Member "eac' ' made a motion tqyrecommend /not recommend the City Council approve /deny 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, seconded by Board Member b) Board discussion. c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON BAUGHMAN BRASS JONASSAINT McCREARY KEEFE O'BRIEN RESULTS: CARRIED DENIED The recommendation will be forwarded and heard before the City Council for a Final Public Hearing on May 19, 2015 (tentatively). P H — `. 51° ,n,1..I s to (k, it0 P 5 a,+Ll..' h n•t_o if -1-142044—Page 1 of a' F. 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 (Exhibit 6). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 15- 002 -SE will be required to take an oath, respond, and give your full name and address). ,� 10 04 , (�,� rrnt. t t ect C s 1-0 Gff l/ P NH (kt_,1„, 2. Hear from Planning Staff. p6 Jf 6n. fl pl 4. 3 Ipvin,.nd .t1 er k W. t-e-a P W h2 ha"ou1.ed C& be 4 ((thrl- tncu t y r` �t � C( a t c--y`:5 vl &_L but T-cr, p r.) pn — feCo rwry.x. A4 cL.p p ✓u G 7Z_C, hog. -s s eQn P L C 6_.� gttc. c)X -Coy- 4- s ad.L( rc� ✓ e. W2044 —Page of 3. Hear from the Property Owner or designee /agent - OHCF Properties, LLC, Jennifer Williamson, Agent. S SA +C. Vt.L'irV GO CO) CO-Y1 ftCr On e'LUy�'`� Loc(,n+ti\5 se 4-0o�c� 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 44120!'4 —Page 17 of 5. Disclosure of Ex -Parte Communications' by the Board. 6. a) Consideration of a motion to approve or deny the petition with /without special conditions. Board Member moved to approve /deny 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, seconded by Board Member b) Board discussion. c) Vote on motion. C o, 4 "i nks col p y io t2zpo) ) � VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER V McCOY BATTON V BAUGHMAN ✓ BRASS V JONASSAINT V McCREARY KEEFE O'BRIEN RESULTS: CARRIED DENIED CLOSE PUBLIC HEARING - Chairperson. 11 -1-112011-4-Page j8•of VI. NEW BUSINESS. A. Consider a request submitted by Aaron Feng, to extend the nonuse time limit, to September 1, 2015, on Special Exception Petitions No. 14- 003 -SE (wholesale, warehouse not including bulk storage of flammable liquids) and No. 14- 004 -SE (mechanical and repair services) for Lots 9, 10, 12, 13, and a portion of 7 and 11 of Block 3, Southwest Addition, 1127 SW Park Street - City Planning Consultant (Exhibit 7). 419)1vict GI iiq ci did Bbeort 'v` p bt.. I SD t.Als 14 Ir\As .1-0K lilt 116 r �L Or CO- ot_ots boa rot, 1. ' t �'L'�� yolk Ca" { �k etc► °' �� � � q u4 to dRpJ �� iS W '�S r�s Y.rI car e_ k` ;Irv., O s C��,∎ (\c\ vim` • tin Sr3 6' OP- o�6. -- 441201TrFage 19 of I B. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. VII. ADJOURN - Chairperson. cLa r 9F-ttlf-1 E, bard 2),1 O-LLtt ritt, c41 fta.--ht3 () , rn 1Dun ()Dal Do,t(ct.ite it (At-6 frOVO (r) Dal ayttc..Ct- p ro re LJP 0 ()Jao- nacii6, 5 t„ (,„ Loa_LA LtCault, 04- LCL re_ uk.-)a-t-1 f-r2Y"k1 tn&J . c 1 pt,c+-1 ry. re, R:tal rwtcl1/4_, Ln-Cift.f6 1?)0\ek --ccA prockcs fiernm--4-7 Wu. Vurts 5‘61\ e gr(I\ cktetr, apprcirr 6i) • e y 7/1C11-5- \o-tA p,tutit.51(\,v,t4AA, vy Cut r■ f6AlOV (LA-vYt-eCk 0 p5'20 o-f<,2/ (Y\ We. LO, ,h) cs 144 ro b1,00 s 1 D avt_ LOIQ 114.4.1Ait city) 4 A:4a -Ft 0 001 ( r7yo C COI( 's Je VeArCuy- 14k, ha-VL n Pvt._ cofa ni ez- Cit VCCHlt h O -0 0.41 car +-D ■ (ur" ( IF-KJ\ 11.S (LC IS L(..1_ eu, ) p cit-f C.X,+1-( Kos ii)c. 'LC • 1. Fa. inckS - CC� c 4- RarYv r.r, 66c . e 6-F T ov 4- CL rna.„( p-,_t 4- I.) nice. d hi CA" is yv pit out-et-t... 0 rd-e,An et v o t - s p coo. eitd it LL) u (ALL& vi ?.0e6t • Cuah C OA . 4-0 o Kei paltrk. f kvvsLr-4-1 Y-S --Gv--tAV,rcIL ( 4-0 Y-ActA (J_ Patty Burnette From: Les McCreary <Imccreary@ceeco_net> Sent: Tuesday, April 14, 2015 10:57 AM To: 'Patty Burnette' Subject: RE: Planning Board Meeting April 16, 2015 HI fatty, I an afraid I will not be able to attend and respectfully ask to be excused. I mentioned to you the out of town business trip and, as luck would have it, a few unexpected things popped up, both in business and personally. I do apologize, as have seen what a large agenda it is. Thank you. Sincerely, Les From: Patty Burnette [mailto:pburnette@ citvofokeechobee.com] Sent: Tuesday, April 14, 2015 9:03 AM To: bbsitedevelopment@ embargmail.com; Bobby Keefe; douglas mccoyi doh.state.fl.us; Elbert Batton; iadthoover©gmaii.com; John Cook; khbrassca;live.com; L.mccrearyL ceeco. net, Mac Jonassaint; skullhilisteeiy'ya_hop,com; William O'Brien Subject: Planning Board Meeting April 16, 2015 Importance: High Good Morning everyone. Just a reminder of the meeting this Thursday, 6:00 pm. I have heard from several of you regarding your attendance, but still need to hear from the following individuals: Elbert Phil Les was a maybe ?? Mac If you four would please just let me know whether you will be in attendance or not, I would appreciate it. Have a great Tuesday everyone and see you Thursday. Patty edeAatio I00' e vt f i IIIDEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 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 in the matter of r� a in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 31ay(is' 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. Sworn to and s bscribed b 30 day of Katrina Elsken ore me this f422it) / S Notary Public, State of Florida at Large An/ '', ANGIE BRIDGES � � MY COMMISSION # EE 177653 I EXPIRES: April 20, 2016 .., pr, Bonded Thru Notary Public Underwriters AD PUBLIC NOTICE CONSIDERATION OF A PROPOSED FUTURE LAND USE MAP AMENDMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held bet fore the City of Okeechobee Planning Board, as the Local PlanninghAgency, on Thu, Apr 16, 2015, 6 PM, or as soon thereafter as possible pty Hall, 55 SE 3rd Ave, Council Chambers, Rm 200, Okeechobee, Fll,�,sf consider and receive input on Comprehensive Plan Small Scale Future0tid Use Map Amendment Application No, 15- 001 -556, submitted by the :;property owner, OHCF Properties, LLC, Mrs. Faye Haverlock, Manager, - Application No. 15- 001 -SSA requests to change the Future Land Use classifi- cation from Okeechobee County Urban Residential Mixed Use (URMU) to Gty of Okeechobee Commercial (C) for two vacant unplatted parcels of land consisting of approximately 5.01 acres, located between the Okeechobee Health Care. Facility, 1650 US Hwy 441 North and the west bank of Taylor Creek. Legal: Parcel One: A parcel of land tying in Section 10 Township 37 South, Range 35. East Okeechobee County,-Florlda, being more partkularly described as follows: commence afthe'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 315, Page 746, of the Public Records of Okeechobee County Honda, a distance of 448.36 feet to the Southeast corner 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 QR 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'pennanent easement as desaibed in OR Book 49, Page 223, of the Public Records of Okeechobee County, Florida; thertce run South 31 °40'29" West along said West [the 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 departing said West line of the Taylor Creek ease - ment inc 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 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 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 described in OR Book 315, Page 746 also being the South- east corner of lands described in OR Book 219, Page 593, and the Northwest comer 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" Wept, mooing 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 courssee, a distanpce e of 547.38 feet to a point escibed In OR Book 49, Page 223 oCf 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 application may be inspected at the address above during regular busi- ness hours, Mon -Fri, 8 AM -4:30 PM, except for holidays. The public is en- couraged to attend. A recommendation on roposed Application No. 15- 001 -SSA will be forward- ed to the City Council for consideration to adopt at a Final Public Hearing on May 5, 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 Disakil8les Act (ADA), any person with a disability as defined by the ADA, That neads•special accommodation to par- ticipate in this proceeding, contact the General Services 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 Planning Board in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. by: Zoning Administrator Brian Whitehall, Application No. 15-001 -SSA 470412 ON 3/29/2015 1IDEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 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 , A 4 4 6 ) %%-rt tiJ in the matter of b in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 31aq /is` 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 and s, subscribed before me this 30 ` day of ,.O AD Notary Public, State of Florida at Large l.t jgti :Y:ry, ANGIE BRIDGES f*: MY MY COMMISSION # EE 177653 % EXPIRES: April 20, 2016 -'1, of F `' Bonded Thru Notary Public Underwriters PUBLIC NOTICE LAND DEVELOPMENT REGULATION TEXT AMENDMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held be- fore the City of Okeechobee Planning Board, meeting as the Local Planning ^ ^ency on Thu Apr 16,:2015 6 PM, or as soon thereafter as possible, at •• Hall, 55 SE 3rd Ave, Rio 200 Okeechobee, FL, to consider and receive Input on amending the Code of Ordinances, Subpart 8 Land Development Regulations. Petition No. 15-002-TA proposes to rescind Ordinance No. 985 in its entire- ty, which established Code Chapter 71 Impact Fees, resdnding the imposi- tion and collection of Public Works Impact Fees, Law Enforcement Impact Fees, and Fire Impact Fees for the Gty of Okeechobee. The proposed amendment may be reviewed at the address above during regular business hours, Mon -Fri, 8 AM-4:30 PM, except for holidays. The public Is encouraged to attend. A recommendation on proposed Petition No. 15-002-TA will be forwarded to the Gty Council for consideration to adopt at a Final Publk Hearing, tenta- tively scheduled for 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, 863 - 763 -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 item must be provided to the Board Secretary for the Gty's records. By: Zoning Administrator Brian Whitehall, Petition No. 15- 002 -TA 470273 ON 3/29/2015. 1DEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 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 in the matter of L,c.1. 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. eta Sworn to and Katrina Elsken scribed bef e me this day of 4.))/(A ClS AD Notary Public, State of Florida at Large 19 it ANGIE BRIDGES MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 Bonded Thru Notary Public Underwriters PUBLIC NOTICE LAND DEVELOPMENT REGULATION TEXT AMENDMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held be- fore the City of Okeechobee Planning Board, meeting as the Local Planning Agency on Thu Apr 16, 2015 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rio 260, Okeechobee, FL, to consider and receive Input on amending the Code of Ordinances, Subpart B Land Development Regulations. Petition No. 15- 003 -TA proposes to repeal the language in Code Chapter 82 Natural Resource Protection, Article V, Flood Hazard Zone Regulations. A new Article V will be considered which adopts Flood Hazards Maps; Desig- nates a Floodplaln Administrator; adopts Procedures and Criteria for Devel- opment in Flood Hazard Areas; and adopt Local Administrative Amendments to the Florida Building Code. The proposed amendment may be reviewed at the address above during regular business hours, Mon -Fri, 8 AM -4:30 PM, except for holidays. The public Is encouraged to attend. A recommendation on proposed Petition No. 15-003-TA will be forwarded to the City Council for consideration to adopt at a Final Public Hearing, tenta- tively scheduled for Jun 16, 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, 863 - 763 -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 Item must be provided to the Board Secretary for the City's records. By: Zoning Administrator Brian Whitehall, Petition No. 15- 003 -TA ADEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 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 in the matter of fttcoul in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 4 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 and subscribedefore me this _ 30 ( day of ,;t0 l AD Notary Public, State/of Florida at Large it ANGIEBRIDGES *; MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 4; of ...;: Bonded Thru Notary Public Underwriters 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 on Thu Apr 16, 2015, 6 P14, or as soon thereafter as possible, at City Hall, 55 S� 3rd Ave, Coundl Chambers, km 200, Okeechobee, FL, to consider and re- ceive input on Rezoning Petition No. 15- 001 -R, submitted by Mrs. Jennifer Williamson, Esquire, as Agent for the property owner, Seniors R" Able, Inc. Petition No. 15 -001 -R requests to rezone a vacant unplatted 1.628 acre par- cel of land located between US Highway 441 North and the Okeechobee Health Care Facility (1646 U5 Hwy 441 North), from Commercial Profession- al Office (CPO) ba Heavy Commercial (CHV), for the purpose of constructing a parking lotto service the existing health care facility. Legal: A parcel of land lying in Sections 9 and 10, Township 37 South, Range 35 East, Okeerhobee County, Florida, being more particularly described as follows: beginning at the Southeast cor- ner of Section 9, Township 37 South Range 35 East, and bear North along the East line of said Section 9 a distance of 325.12 feet to the South boundary of that property described in OR Book 207, Page 177, Public Records of Okeechobee County, Florida thence bear South 89°59'53' West along the South boundary o� thence said property described in OR Book 207, Page 177, a distance of 351.67 feet to a point on the East right-of-way line of SR 15 (P ar- rott Avenue); thence bear South 00 °00'07 East along right -or line a distance of 236.12 feet, thence bear North 89°59 52" East a distance of 1.001o04 thence bear South 00 °00'07' East a distance of 65.00 feet; thence bear North 89 °59'53" East a distance of 20.00 feet; thence bear South 00 °00'07" East a distance of 24.69 feet to a point on the South line of said Section 9; thence bear North 89 °52'43' East along the South line of said Section 9 a dis- tance of 331.66 feet more or lea to the point of beginning. Also: beginning at the Southwest corner of Section 10, Township 37 South, Range 35 East and bear North along the West line of said Section 10, a distance of 325.12 feet to a point on the South boun- dary of that property deaalbed in OR Book 207, Page 170; thence bear North 89°59'53" East along the South boundary of said prop- erty desatbed In OR Book 207, Page 178, a distance of 448.33 feet to a point; thence bear South oomoror East along the extension of the East boundary of said property desalbed In OR Book 207 Page 170 a distance of 321.60 feet to a point on the South line of Section i0; thence bear South 89 °32'54' West a distance of 440.36 feet to the point of beginning. Lea and Except therefrom the following: a parcel of land lying In Sections 9 and 10, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: begin at the Southeast corner of said Section 9, bear South 89 °52'43 West along the South line of said 000'07 West a distance of 132.00 eeeett�, thence bear North 89 °59'53" East to the intersection with aforesaid East line of Sec- tion 9, a distance of 132.01 feet; thence continue North 89 °59'53' East, a distance of 448.33 feet; thence bear South 00 °00'07" East to the Intersection with the South line of said Section 10, a dis- tance of 321.60 feet; thence bear South 89 °32'54" West along said South line of Section 10 a distance of 448.36 feet to the South - west comer of said Section 10 also being the Southeast corner of said Section 9 and the point of b m beginning. The petition AM -4:3inspected M, except for holidays. Thegpublicas encour- aged to attend. A Public Hearing for a rezoning petition is handled as a "Quasi - Judicial" pro- ceeding, meaning the Planning Board B 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 Board m arrive at sound decisions. The recommendation will be forwarded to the City Council, tentatively scheduled on May 5, 2015 (First Reading) and final adoption Public Hearing on May 19, 2015, 6 PM. ANY PERSON DECIDING TOAPPEAL 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 testimony and upon n dance wAnrcanss wihDisablities appeal ct (ADA), n with a disability as defined by the ADA, that needs spedal accommodation to par - tidpate In this proceeding, contact the General Services 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 Planning Board in support or opposition to any item on the agenda; a copy of the document, picture video, or item must be provided to the Board Secretary for the Cily's records. BY: Zoning Administrator Brian Whitehall, Petition No. 15 -001 -R 470413 ON 3/29/2015 1DEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 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 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. Sworn to a Katrina Elsken subscribed lnfore me this day of (-n-° °� AD Notary Public, State of Florida at Large / ` 'erg MY COMM SS ONIDEE 177653 rig r *: ivoui ' *� EXPIRES: April 20, 2016 of $ Bonded Thru Notary Public Underwriters y 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 on Thu, Apr 16, 2015, 6 PM, pt as soon thereafter as, possible, at City Hall, 55 SE 3rd Ave, Council Chahlbers, Rm 200, Okeechobee, FL, to consider and receive Input on Rezoning Petition No. 15- 002 -1, submitted by Mrs. Jennifer Wil- liamson, 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 Commercial -Two (NC-2) and Agriculture (AG), to City of Okeechobee Zoning Heavy Commercial (CIiV). 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- sisted living facility. Legal: Parcel One: 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 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 315, Page 746, of the Public Records of Okeechobee County Honda, a distance of 448:36 feet to the Southeast corner 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 31 °40'29" West along said West fine of the permanent easement, a distance of 389.01 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 °3239 "; 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 inptaersrtegct on with the aforesaid South line ofSec- men10; nSouut departing said al line said Southlline of Section 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 tying in Section 10 Township 37 South, Range 35 East, 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 315, Page 746, of the Public Records of Okeechobee County, Florida, a distance of 448.36 feet to the Southeast corner of seal 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 comer of said lands described in OR Book 315, Page 746 also being the South- east of lands described In OR Book 419bPage 593,,a and the Northwest corner of said lands described In R Book Page 180, all per the Public.Records of Okeechobee County, Florins, also being the point of beginning of this desaiplion• ,idence continue North 00 °00'07" West, running along the East Rm. ot;said lands described in OR Book 219, Page 593, a distance 06180.17 het; thence departing said East line, run North 89 °59'53 East, perpen- dicular to the 547.38 po'nt on the West line of the Taylor Creek peennat easement 55 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 afooresaid lands described In OR Book Creek 5easem Page run thence 89°59'53" said West alloonyn 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 - ceeding, meaning the Planning Board is functioning In a manner similar to a court, hearing testimony and questioning presenters who providesubstan- .Bal and competent evidence. It is the duty of the Planning Board to arrive at sound decisions. The recommendation will be forwarded to the City Council, tentatively scheduled on May 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, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Planning Board in support or opposition to any Rem on the agenda; a copy of the document, picture, video, or item must be provided to the Board Secretary for the Gty's records. BY: Zoning Administrator Brian Whitehall, Petition No. 15 -002 -R 470414 ON 3/29/2015- 1IDEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 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 -67 IVL 2 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 .�day�js° 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 advertiseme t for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this 3 c, . day of 971 ltitr-r, O f- AD Notary Public, State of Florida at Large bd ? YP4 * = MY COMMISSION BRIDGES SSON#EE177653 ° " EXPIRES: April 20, 2016 Nora,".. o of .. Bonded Thru Notary Public Underwriters PUBLIC NOTICE CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION NOTICE IS HEREBY GIVEN that a QUASI- 3UDICIAL PUBLIC HEAR- ING will be held before the City of Okeechobee Board of Adjustment on Thu Apr 16, 2015, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Council Chambers, Rm 200, Okeechobee, FL, to t(xaur(sider and receive input on Special Exception Petition No. 15 -002 -SE, subniifted by Mrs. Jennifer Williamson, Esquire, as Agent for the property owner, OHCF Properties, LLC. Petition No. 15- 002 -SE regoests to allow an adult family care home and /or assisted living facility as defined in F.S. 429.02, and a nursing home within a Heavy Commerdal Zoning District, Ref. Code Book Section 90 -283 (21) and (22): The proposed use is to expand the existing nursing home /assisted living fadlity. The Property consists of two vacant unplatted parcels of land, approximately 5.01 acres, located between the Okeechobee Health Fadlity, 1650 US Hwy 441 North and the west bank of Taylor Creek. Legal: Parcel One: A parcel of land lying In Section 10 Township 37 South, Range 35-East, Okeechobee County, Ronda, 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 Une of said Section 10 also being the South line of that parcel of land described In OR Book 315 Page 746, of the Pubik Records of Okeechobee County Florida, a distance of 448.36 feet to the Southeast corner 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 desalbed In OR Book 315 Page 746, a m 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 perpendicWar to the preceding course, a distance of 374.51 feet to a point on the West line of the Taylor Creek permanent easement as desaibed 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 °3239'; thence Southerly along the arc of said curve and continuing along said West line of the Tayylor Creek permanent easement, a distance of 82.61 feet to the In 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 aaa; together with Parcel Two: A parcel of land lying In Section 10 Township 37 South, Range 35 East, Okeechobee County, Florkla, being more particularly desaibed 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 desalbed In OR Book 315, Page 746, of the Public Records of Okeechobee County, Florida, a distance 01 448.36 feet to the Southeast comer of said lands described in OR Book 315 Page 746• thence departing saki South line, run North 00 °00'07'1 West, a �tance of 321.60 feet to the Northeast corner of said lands desalbed in OR Book 315, Page 746, also being the South- east comer of lands described In OR Book 219 Page 593, and the Northwest comer of said lands desaibed in OR Book 524 Page 180,111 per the Public Records of Okeechobee County, Ronda also being North the 0'0 of beginning i of this dthe U Une thence conUnue of said lands North 00° '07' West, running along the East described In OR Book 219, Page 593, a distance of 28017 feet) thence departing saki East line, run North 89 °59'53" Eastrpen- dkular to the preceding course, a distance of 547.38 fwt 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 CCrreek5�meenntlrruun Sow departing 9 °5'3" said West line North line of saki lands desaibed in 6R 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, 8AM -4:30 PM, except for holidays. The public is encouraged lo attend. The Board of Adjustment serves as the decision making body on this matter to approve or deny Special Exceptions. ANY PERSON DECIDING TO APPEAL any decision made by the Board 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 testi- mony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act�A), any person with a disability as defined by the ADA, that needs spedal accommodation to participate in this proceeding, contact the General Services Office no later than two busi- ness days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. by: Zoning Administrator Brian Whitehall, Petition No. 15 -002 -SE 470411 ON 3/29/2015 INDEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 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 in the matter of 61-t4A.6 in the 19th Judicial. District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of bois- 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. Sworn to and ssscribed be e me this day of L . Notary Public, Sate of Florida at Large Katrina Elsken !S^ AD ANGIE BRIDGES !, '!� +1 MY COMMISSION # EE 177653 ai EXPIRES: April 20, 2016 7:;;;•' Bonded Thru Notary Public Underwriters PUBLIC NOTICE LAND DEVELOPMENT REGULATION TEXT AMENDMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held be- fore the City of Okeechobee Planning Board, meeting as the Local Planning Agency on Thu, Apr 16, 2015, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL, to consider and receive input on amending the Code of Ordinances, Subpart B Land Development Regulations. Petition No. 15- 002 -TA proposes to rescind Ordinance No. 985 in its entire- ty, tton and collection established PublicEWorks Impact Fees, Enforcement Impact Fees, and Fire Impact Fees for the City of Okeechobee. The proposed amendment may be reviewed at the address above during regular business hours, Mon -Fri, 8 AM -4:30 PM, except for holidays. The public is encouraged to attend. A recommendation on proposed Petition No. 15-002-TA will be forwarded to the Oty Council for consideration to adopt at a Final Public Hearing, tenta- tively scheduled for 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, 863 - 763 -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 item must be provided to the Board Secretary for the Oty's records. . Zon By: oning 4dmZOstrator Brian Whitehall, Petition No. 15-002-TA 1JOEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863- 763 -3134 STATE OF FLORIDA COUNTY OF O1EECHOBEE 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��, >i in the matter of in the 19th Judicial. District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 4/QL)z)g- 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 and�cribed bef re mj this S AD day of Notary Public, State of Florida at Large Y i� ANGIE BRIDGES MY COMMISSION # EE 177653 a= EXPIRES: April 20, 2016 4;84 .... Bonded Thn1 Notary Public Underwriters PUBLIC NOTICE LAND DEVELOPMENT REGULATION TEXT AMENDMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held before the City of Okeechobee Planning Board, meeting as the Local Planning Agency on Thu, Apr 16, 2015, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd,Ave, Rm 200, Okeechobee, FL, to consider and receive input on amending' the Code of Ordinances, Subpart B Land Development Regulations. Petition No. 15- 003 -TA proposes to repeal the language in Code Chapter 82 Natural Resource Protection, Article V, Flood Hazard Zone Regulations. A new Article V will be considered which adopts Flood 'Hazards Maps; Desig- nates a Floodplain Administrator; adopts Procedures and Criteria for Devel- opment In Flood-Hazard Areas; and adopt Local Administrative Amendments to the Florida Building Code, The proposed amendment may be reviewed at the address above during regular business hours, Mon -Fri, 8' AM -4:30 PM, except for holidays. The public is encouraged to attend. A recommendation on proposed Petition No. 15- 003 -TA will be forwarded to the City Council for consideration to adopt at a Final Public Hearing, tenta- tively scheduled forJun 16, 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, 863- 763 -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 item must be provided to the. Boaft Secretary for the City's records. By: Zoning Administrator Brian Whitehall, Petition No. 15- 003 -TA 470596 ON 4/8/2015 ADEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 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 J Cvti -ii ,�c1 %ti's .c-e.) 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 1142/45--- 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 and scribed befor day of C e this, nA (S° ■ Notary Public, State of Florida at Large PY ANGIE BRIDGES '!h = MY COMMISSION # EE 177653 ur • —:�`>: = EXPIRES: April 20, 2016 ,,,,, Bonded Thru Notary Public Underwriters AD PUBUC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE IS HEREBY GIVEN that a QUASI - JUDICIAL PUBUC HEAR- ING will be held before the City of Okeechobee Planning Board on Thu Apr 16, 2015, 6 PM, or as soon thereafter as possible, at City Hall, 55 SF_ 3rd Ave, Council Chambers, Rm 200, Okeechobee, FL, to consider and re- ceive input on Rezoning Petition No. 15- 001- R,.subr)itted by Mrs. Jennifer Williamson, Esquire, as Agent for the property owher, Seniors R" Able, Inc. Petition No. 15-001-R requests to rezone a vacant tmplatted 1.628 acre par- cel of land located betwn US Highwa 44 North and the Okeechobee Health Care Facil Facility (1646 U S Hwy 441 North), from Commercial Profession- al Office (CPO) to Heavy Commercial (CHV), for the purpose of constructing a parking lot to service the existing health care fadlity. Legal: A parcel of land Tying in Sections 9 and 10 Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: beginning at the Southeast cor- ner of Section 9, Township 37 South, Range 35 East, and bear North along the East line of said Section 9 a distance of 325.12 207, Page South bliC Records r of Okeechobee, County, rFlorida thence bear South 89 °59'53" West along the South boundary of said property described in OR Book 207, Page 177, a distance of 351.67 feet to a point on the East tight-of-way line of SR 15 (Par- rott Avenue); thence bear South 00 °00'07" East along riht- of-way line a distance of 236.12 feet, thence bear North 89°59'52° East a distance of 1.00 foot; thence bear South 00 °00'07" East a distance of 65.00 feet thence bear North 89°59'53" East a distance of 20.00 feet thence bear South 00 °00'07" East a distance of 24.69 feet to a point on the South line of said Section 9; thence bear North 89 °52'43" East along the South line of said Section 9 a dis- tance of 331.66. feet, more or less to the point of beginning. Also: beginning at the Southwest corner of Section 10, Township 37 South, Range 35 East, and bear North along the West line of said Section 10, a distance of 325.12 feet to a point on the South boun- dary of that property described yIn OR Book 207, Page of said 170; thence ertyr North that OR Book 207,hPage South distance of 448.33 feet to a point thence bear South 00 °00'07a East along the extension of the East boundary of said property described in OR Book 207 Page 170, a distance of 321.60 feet to a point on the South line of Section 10; thence bear South 89 °32'54" West a distance of 440.36 feet to the point of beginning. Less and Except therefrom the following: a parcel of land lying in Sections 9 and 10, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: begin at the Southeast corner of said Section 9, bear South 89 °52'43 West along the South line of said Section 9, a distance of 132.00 feet; thence bear North 00 °00'07" West a distance of 325.39 feet thence bear North 89 °59'53" East to the intersection with aforesaid East line of Sec- tion 9, a distance of 132.01 feet thence continue North 89 °59'53" East a distance of 448.33 feet thence bear South 00 °00'07" East to the intersection with the South line of said Section 10, a dis- tance of 321.60 feet thence bear South 89 °32'54" West along said South Tine of Section 10 a distance of 448.36 feet to the South- west comer of said Section 10 also being the Southeast comer of said Section 9 and the point of beginning. The hours, Mon -Fri, 8.AM -430 PM, except for holidays. The publicais business - 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- tial and competent evidence. It is the duty of the Planning Board to arrive at sound decisions. The recommendation will (Flrst Reading) to t the fin City Coutol, tentatively scheduled on May 5, 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 b record In accor- dance testimony and evidence upon which the appeal d. I with a dance with the Americans with Disabilities Act (ADA), any person 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 priorto proceeding, 863- 763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to they Planning Board in support or opposition to any item on the agenda; d oa Secretary fdocu ent, reco dsvideo, or item must be provided : Zon ON Arg rc p Administrator Brian Whitehall, Petition No. 15 -001 -R 470592 1DEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 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 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 / ffo( `7 ,S 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. �Tn l Sworn to and scrib ed bet day of Katrina Elsken me this _ )J L ° I AD Notary Public, State of Florida at Large ,.. :`. Py ANGIE BRIDGES - day * :. MY COMMISSION # EE 177653 iv d .�. �.: o EXPIRES: April 20, 2016 x,o'F q 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 held before the City of Okeechobee Planning Board on Thu Apr 16, 2015, 6 P14, or as soon thereafter as possible, at City Hall,'55 S€ 3rd Ave, Council Chambers, Rio 200, Okeechobee, FL, to consider 'and re- ceive Wilamsoon, Esquire, as AgPetition t or the property owner, OHCF Mrs. Jennifer LLC. Petition No. 15 -002 -0 requests to rezone two vacant unplatted parcels of land consisting of approximately 5.01 acres from Okeechobee County Zon- ing Neighborhood Commercial-Two (NC -2) and Agriculture (AG), to City of Okeechobee Zoning Heavy Commercial (CNV). 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- sisted living facility. Legal: Parcel One: A parcel of and lying in Section 10, Township 37 South, Range 35 'East, 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 315 Page 746, of the Public Records 01 Okeechobee County Florida, a distance of 448.36 feet to the Southeast corner of that parcel of land de- scribed in OR Book 315, Page 746, and the point of beginning. Then departing said South Ilse, Ian 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 and; thence departing said East line, run North 89 °59'53" East perpendicular to the preceding course, a distance of 374.51 feet ads described line of the Taor Creek 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 82.61 of the intersection with the fo easement, i outh nee of Sec- tion 10; thence departing said West linge of the Taylor Creek ease - 10 na distance South 89°32'54' .7 feet a the point said f beginning and Section consist- ing of approximately 2.04 acres; together with Parcel nge 5 parcel Okeechobee eeiCounty, Section being more particu- larly 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 par- cel of and described in OR Book 315, Page 746, of the Public Records of Okeechobee County, Florida, a distance of 448.36 feet to the Southeast corner ofggsaid lands described in OR Book 315, Wegst,7a6disan of 321.60 feet to line run North corner of said lands described in OR Book 315, Page 746 also Page being the South- east comer of comer dof said lands described in OR Book 524, Page 180,,yall per the Public Records of Okeechobee County, Florida, also North the 0 °00'07" of beginning along the East fine of said lands described in OR Book 219, Page 593, a distance of 280.17 het; thence departing said East line, Taylor Creek run North 8899 °59'53" East; perpen- dicular to ithe OR preceding 000k 149, course, e 223 of then Pubblic Records l'eofftOkee- dsobee 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, t,n run South, 89 °5913" 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 hours, Mon-Fri, be 30 PM, except for holidays. The public s business - 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- tial and competent evidence. It is the.duty of the Planning Board to arrive at sound decisions. The recommendation will be forwarded to the City Council, tentatively scheduled on May 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. n accor- dance with the Americans with Disabilities Act (ADA), any person a disability as defined by the ADA, that needs special accommodation to par- ticipate two business days prior to�proceeding, 863-763- 3372�s Office no later than 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 to the agenda; Board copy of the for the document, picture, rsvideo, or item must be provided BY: Zoning Administrator Brian Whitehall, Petition No. 15 -002 -R 470594 ON 4/8/2015 INDEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 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 p -C_. ��1/14a -cry 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. ili Sworn to and subscribed before day of Katrina Elsken this- l D-0 AD C Notary Public, State of Florida at Large i ANGIE BRIDGES MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 of , Bonded Thru Notary Public Underwriters PUBLIC NOTICE CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION NOTICE IS HEREBY GIVEN that a QUASI -JUDICIAL PUBLIC HEAR- ING will be held before the Qty of Okeechobee Board of Adjustment on Thu, Apr 16, 2015, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Council Chambers, Rm 200, Okeechobee, FL, to consider and receive input on Special Exception Petition No. X15- 002 -SE, submitted by Mrs. Jennifer Williamson, Esquire, as Agent for the property owner, OHCF Properties, LLC. Petition No. 15- 002 -SE requests to allow an adult family care home and /or assisted living facility as defined in F.S. 429.02, and a nursing home within Heavy a Commercial m eng i i and (2. The proposed use to pa the nursing home/assisted sted living facility. The Property consists of two vacant unplatted parcels of land, approximately 5.01 acres, located between the Okeechobee Health Facility, 1650 US Hwy 441 North and the west bank of Taylor Creek. Legal: Parcel One: 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 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 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- saibed in OR Book 315, Page 746, and the point of beginning. Then departing saki South line, run North 00°00'07" West along the East line of said parcel of land desaibed In OR Book 315 Page 746, a distance of 321.60 feet to the Northeast comer of said ra 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 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 °3239 "; thence Southerly along the arc of said curve and continuing along said 82.61 line of the to the Inieorsection with the aforesaid easement, 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 ing of approximately 2.04 acres; together inning and consist - in with Parcel Two: A parcel of land Tying in Section 10, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particu- larly desaibed as follows: commence at the Southwest comer of said Section 10 thence proceed North 89 °32'54" East along the South fine of said Section 10, also being the South fine of that par- cel 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 ofggsaid lands described in OR Book 315 West? aistance of 321.60 feet to line mn f (said lands described in OR Book 315, Page 746 also being the South- east corner of lands described in OR Book 219 Page 593, and the Northwest comer of said lands described in OR Book 524, Page all t Public 1 bgincorygsof this desalpdon; 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; t�nsea ° perpen- dicular to the preceding course, 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 afooresaid lands described in OR Crreeek5easement, nun Sou cth 89 °5953" West aalongnthe of North line of said lands described In OR Book 524, Page 130 a distance of 374.51 Lfeet too the point f beginning and consisting of approxi- mately petition may be inspected at the address above during regular business hours, Mon -Fri, 8AM-4:30 PM, except for holidays. The public is encouraged to attend. The Board of Adjustment serves as the decision making body on this matter to approve or deny Special Exceptions. ANY PERSON DECIDING TO APPEAL any decision made by the Board 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 testi- mony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Office no later than two busi- ness days prior to proceeding, 863- 763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. by: 470595 Zoning Administrator Brian Whitehall, Petition No. 15- 002 -SE by 1IDEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 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 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 L/7 I ,w5-- 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 advertise nent,for publication in the said newspaper. 7 Katrina Elsken Sworn to andubscribed before me this day of �'td, ac-® /5 AD Notary Public, State of Florida at Large sIA•rye ANGIE BRIDGES ;.: MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 pf ';•' Bonded Thru Notary Public Underwriters PUBLIC NOTICE CONSIDERATION OF A PROPOSED FUTURE LAND USE MAP AMENDMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held be- fore the City of Okeechobee Planning Board,tis the Local Planning Agency, on Thu, Apr 16, 2015, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Council Chambers, Rm 200, Okeechobee, FL, to consid- er and receive Input on Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 15 -001 -SSA, submitted by the property owner, OHCF Properties, LLC, Mrs. Faye Haverlock, Manager, Application No. 15-001-SSA requests to change the Future Land Use classifi- cation from Okeechobee County Urban Residential Mixed Use (URMU) to City of Okeechobee Commercial (C) for two vacant unplatted parcels of land consisting of approximately 5.01 acres, located betty Ben the Okeechobee Health Care Facility, 1650 US Hwy 441 North and thb:'iyest bank of Taylor Creek. Legal: Parcel One: 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 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 PublkcRecords land of Okeechobee County, tyk Florida Page distance the f 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 p rpendicular to the preceding course, 0 distance of 374.51 feet to easement a ads described West line of the 49, Taylor 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 °3239 "; thence Southerly along the arc of sald 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 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 particu- Iarty described as follows: commence at the Southwest corner of said Section 10, thence proceed North 89 °32'54" East along the South fine of said Section 10, also being the South line of that par- cel of land described in OR Book 315, Page 746, of the Publk 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 °00'07'1 West, a distance of 321.60 feat to the Northeast corner of said lands described in OR Book 315, Page 746 also being the South- east -comer of lands described in OR Book 219 Page 593, and the Northwest comer of said lands described In OR Book 524, Page 180,gyalt the per the Publk Records of Okeechobee County, Florida, also North 00°00'07 "oWest, i running of this along East untie h 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" Ea4 perpen- dicular to the preceding course, a distance e of 547.38 feet to a des gibed the n OR Book 49, the e 223 of the Publk Records of easement 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 application may be inspected at the address above during regular busi- ness hours, Mon -Fri, 8 AM -4:30 PM, except for holidays. The public is en- couraged to attend. • A recommendation on proposed Application No. 15-001 -SSA will be forward- ed to the City Council for consideration to adopt at a Final Public Hearing on May 5, 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, 863- 763 -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 item must be provided, to the Board Secretary for the Gty's records. by: Zoning Administrator Brian Whitehall, Application No. 15- 001 -SSA 470593 ON 4/8/2015 ADEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 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 d),L2.-444.0 (1' 4 e a. in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of '/l/a /(_- 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. ,1 Katrina Elsken Sworn to and s>.}bscribed be re me this /0 - day of i Q c2 f AD Notary Public, State of Florida at Large i '' w - ANGIE BRIDGES '! : *: MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 o ti azs Bonded Thnl Notary Public Underwriters i 1 CITY PLANNING/ADJUSTMENT BOARD MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee Planning urd//pBpo 16 of Adjustment (PB /BOA) will conduct a regular meeting on Hall, 55-SE 3rd. Ave, PM at 6 200, MOk or eechobee FL The publics is Invited and City en- couraged to attend.`^ai'he "agenda may be obtained: from dtyofokeecho- bee.com or by calling the General Services Office, 863-763-3372 5218. ANY PERSON DECIDING TO APPEAL any decision made by the PB/BOA with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record indudes the testi- mony and evidence upon which the appeal will be based. In accordance with the A e is e ans with that Disabilities Act (ADA), any person with a disablllty as defined this proceeding, contact the General SSrvices Office ono later than ttwro busi- ness days prior to proceeding, 863- 763 -3372. or BE ADVto the that should In Intend to show any document, picture, video . a copy of the document, /BOA support or opposition to any Item on the agenda; Board Secretary for the City's pideco video, or item must be provided to the ry C,tys records. 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N co Z APRIL 16, 2015 - PBIBOA AGENDA - PAGE 40F 4 Exhibit 1 City of Okeechobee General Services Department 55 S.E. 3"d Avenue, Room 101 Okeechobee, Florida 39974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: 313 S Petition No. 15- 001 - S$ f} Fee Paid: t�70p.30 - 1-c2I. Z' Jurisdiction: (' 8 C.C.. 1 n Hearing: (4-06//s• 2nd Hearing: 5/5115- , r Publication Dates: : 3Ia q /8 IOC / 0L - Notices Mailed: APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT To BE COMPLETED BY CITY STAFF: Verified FLUM Designation: Verified Zoning Designation: Plan Amendment Type: ❑ Large Scale (LSA) involving over 10 acres or text amendment Small Scale (SSA) 10 acres or less ❑ Small Scale (SSA) More than 10 but less than 20 acres if the proposed amendment will have a positive effect in addressing the problems of low per capita incomes, low average wages, high unemployment, instability of employment, and/or other indices of economically distressed communities. APPLICANT PLEASE NOTE: Answer all questions completely and accurately. Please print or type responses. If additional space is needed, n ber and attach additional sheets. The total number of sheets in your application Submit 1 (one) copy of the complete application and amendment support documentation, including maps, to the General Services Department. Fifteen (15) copies of any documents over 11 X 17 are required to be submitted by the applicant. I, the undersigned owner or authorized representative, hereby submit this application and the attached amendment support documentation. The information and documents provided are complete and accurate to the best of my knowledge. OHCF PROPERTIES, LLC a NclAteAls.64 244voie Date Signature of Owner or Authorized Representative* *Attach Notarized Letter of Owner's Authorization For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 1 of 7 Applicaton for Comprehensive Plan Amendment (6/09) I. APPLICANT /AGENT /OWNER INFORMATION OHCF Properties, LLC Applicant P.O. Box 759 Address Okeechobee City 863- 357 -2442 Telephone Number Fax Number Steven L. Dobbs FL 34973 State Zip jlw @crarybuchanan.com E -Mail Agent* 1062 Jakes Way Address Okeechobee FL 34974 City 863- 824 -7644 State Zip sdobbs @stevedobbsengineering.com Telephone Number Same as Applicant Fax Number E -Mail Owner(s) of Record Address City State Telephone Number Fax Number Zip E -Mail Name, address and qualification of additional planners, architects, engineers, environmental consultants, and other professionals providing information contained in this application. *This will be the person contacted for all business relative to the application. For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 2of7 Applicaton for Comprehensive Plan Amendment (6/09) II. REQUESTED CHANGE (Please see Section V. Fee Schedule) A. TYPE: (Check appropriate type) ❑ Text Amendment Future Land Use Map (FLUM) Amendment SUMMARY OF REQUEST (Brief explanation): This request is in support of two parcels being annexed into the City of Okeechobee from Okeechobee County. The future land use on the south parcel is Commercial and the north parcel is Agricultural. The proposed FLU for both parcels in the City is Commercial. This request of annexation and this FLUM request is required for the planned expansion of the existing Nursing Home Facility. M. PROPERTY SIZE AND LOCATION OF AFFECTED PROPERTY (for amendments affecting development potential of property) A. B. PROPERTY LOCATION 1(050 1. Site Address: 164& Highway 441 N, Okeechobee, FL 34972 NE I Q`I-h Drove, 2. Property ID #(s): 1- 10- 37- 35 -0A00- 00001 -6000 and 1- 10- 37- 35 -0A00- 00001 -0000 PROPERTY INFORMATION (Note: Property area should be to the nearest tenth of an acre. For properties of less than one acre, area should be in square feet.) 1. ✓ Total Area of Property: 10.16 Acres ✓ 5 -0X 2. Total Area included in Request: 4 2f Acres a. In each Future Land Use (FLU) Category: (1) (2) (3) (4) b. Total Uplands: 4.21 Acres S. Ot Commercial 4.21" Acres c. Total Wetlands: 4.21 Acres For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 3 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 3. Current Zoning: NC -2 and Agricultural 4. Current FLU Category: Commercial and Agricultural 5. Existing Land Use: Vacant 6. Requested FLU Category Commercial spa URrr10 -R,-60 p fur- c_el5 Wbctvl Mviced iL ) D. MAXIMUM DEVELOPMENT POTENTIAL OF THE SUBJECT PROPERTY Development Type Existing FLU Category Proposed FLU Category Residential 0 0 Density (DU /Acre) 0 0 Number of Units 0 0 Commercial (sq. ft.) 27,222 sf 48,846 sf or 150 beds Industrial (sq. ft.) 0 0 IV. AMENDMENT SUPPORT DOCUMENTATION At a minimum, the application shall include the following support data and analysis. These items are based on the submittal requirements of the State of Florida, Department of Community Affairs for a comprehensive plan amendment, and policies contained in the City of Okeechobee Comprehensive Plan. Staff will evaluate this request based on the support documentation provided by the applicant. A. GENERAL INFORMATION AND MAPS See attached. Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large maps are submitted, the Applicant may be required to provide 8.5" x 11" maps for inclusion in public hearing packets. N/A 1. Wording of any proposed text changes. /2. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. A map showing existing land uses (not designations) of the subject property and surrounding properties. ✓ 4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. /5. Map showing existing zoning of the subject property and surrounding properties. ✓ 6. Certified property boundary survey; date of survey; surveyor's name, address and phone number; and legal description(s) for the property subject to the requested change. /3. For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 4 of 7 Applicaton for Comprehensive Plan Amendment (6/09) ✓ 7. A copy of the deed(s) for the property subject to the requested change. .,_- 8. An aerial map showing the subject property and surrounding properties. ✓ 9. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. B. PUBLIC FACILITIES IMPACTS Note: The applicant must calculate public facilities impacts based on a maximum develop- ment scenario. 1. Traffic Analysis a. For Small Scale Amendments (SSA) a' (1) The Applicant shall estimate traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. \ec (2) If the proposed Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Use designation, the Applicant shall attach a Traffic Impact Study prepared by a professional trans- portation planner or transportation engineer alp b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepared by a professional transportation planner or transportation engineer. Traffic Impact Studies are intended to determine the effect of the proposed land use change on the city's roadway network and the city's ability to accom- modate traffic associated with the proposed change over a ten -year planning period. ✓c. �d. An inability to accommodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change; 2. Provide estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use designations for provision potable water, sanitary sewer, and recreation/open space as follows: /a. Potable Water and Sanitary Sewer demand based on: (1) 114 gallons per person per day (gppd) for residential uses (2) 0.15 gallons per day per square foot of floor area for nonresidential uses 0`c b. Recreation, and Open Space demand for residential uses of 3 acres per thousand peak season population. For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 5 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 13. Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: a. Solid Waste; b. Water and Sewer; c. Schools. In reference to above, the applicant should supply the responding agency with the information from Section's II and III for their evaluation, as well as estimates of maximum population and nonresidential square footage developable under the existing and proposed Future Land Use categories. The application should include the applicant's correspondence to the responding agency. C. ENVIRONMENTAL IMPACTS Proposed plan amendments shall be accompanied by evidence that the following studies either have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: `' 1. Wetlands and aquifer recharge areas. ✓2. Soils posing severe limitations to development. 3. Unique habitat. 4. Endangered species of wildlife and plants. ✓ 5. Floodprone areas. /D. INTERNAL CONSISTENCY WITH THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN 1. Discuss how the proposal affects established City of Okeechobee population projections. 2. List all goals and objectives of the City of Okeechobee Comprehensive Plan that are affected by the proposed amendment. This analysis should include an evaluation of all relevant policies under each goal and objective. 3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 6 of 7 Applicaton for Comprehensive Plan Amendment (6/09) E. JUSTIFICATION OF PROPOSED AMENDMENT Justify the proposed amendment based upon sound planning principles. Be sure to support all conclusions made in this justification with adequate data and analysis. V. FEE SCHEDULE Large Scale Amendment (LSA) $4,000.00 plus $30.00 per acre Small Scale Amendment (SSA) ,,' $850.00 plus $30.00 per acre Text Amendment Flat Fee $2,000.00 each VI. AFFIDAVIT I, Faye A. Haverlock, Manager , certify that I am the owner or authorized representative of the property described herein, and that all answers to the questions in this application and any sketches, data, or other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I also authorize the staff of the City of Okeechobee to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application. OH^,5 PROPERTIES, LLC fileuveZiel Signature of Owner or Authorized Agent Date Faye A. Haverlock, Manager Typed or Printed Name STATE OF F /? hC. COUNTY OF DiKeleevP -� - 3 -ao 15" The foregoing instrument was certified and subscribed before me this day of March 20 15 , by Faye A. Haverlock as Manager , who is personally known to me or who has produced as identification. " Notary Public I �,sPRr pVe HOLLY M. EVERETT Pnn 4 ? = °y�`; Notary Public - State of florid&. . • e My Comm. Expires Apr 7. Commission # EE 87352 Bonded Through National Notary Assn. 0 nnna 4 pd Name of Notary Public Itnission Expires on: L -7 -ge-9/7 For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 7 of 7 OHCF PROPERTIES, LLC City of Okeechobee Comp Plan Amendment Support Documentation A. General Information and Maps ✓ 1. Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large maps are submitted, the Applicant may be required to provide 8.5" x 11" maps for inclusion in public hearing packets. Wording of any proposed text changes. None proposed. ✓ 2. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. Attached j 3. A map showing existing land uses (not designations) of the subject property and surrounding properties. Attached 4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. To the north and east is a vacant undeveloped parcel with a FLU of Agriculture and URMU and zoned Agriculture. To the south are also vacant undeveloped parcels with a FLU of Single Family and zoned Holding. To the northwest is a hospital with a FLU of Commercial Corridor Mixed Use and Urban Residential Mixed Use and zoned Residential General. To the southwest is the current Nursing Home with a FLU of Commercial and zoning of Heavy Commercial. The proposed Future Land Use designation is consistent with the current developed uses in the area and to the largest extent the surrounding parcels are undeveloped. 15. Map showing existing zoning of the subject property and surrounding properties. Attached ✓ 6. Certified property boundary survey; date of survey; surveyor's name, address and phone number; and legal description(s) for the property subject to the requested change. Attached ✓ 7. A copy of the deed(s) for the property subject to the requested change. Attached 8. An aerial map showing the subject property and surrounding properties. Attached ✓ 9. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. N/A B. Public Facilities Impacts Note: The applicant must calculate public facilities impacts based on a maximum development scenario. 1. Traffic Analysis ✓a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate of traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. Please see attached Traffic Estimate ✓ (2) If the proposed Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Use Designation, the applicant shall attach a Traffic Impact Study Prepared by a professional transportation planner or transportation engineer. Since the planned development is only going to increase the traffic by 4 peak hour trips per day a Traffic Impact Study is not warranted. 2 b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepare by a professional transportation planner or transportation engineer. N/A , c. Traffic Impact Studies are intended to determine the effect of the proposed land use change on the city's roadway network and the city's ability to accommodate traffic associated with the proposed change over a ten -year planning period. Acknowledged. d. An inability to accommodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change. Acknowledged. 2. Provide estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use designations for provision potable water, sanitary sewer, and recreation/open space as follows: a. Potable water and Sanitary Sewer demand based on: (1) 114 gallons per person per day (gppd) for residential uses 18 *114 gppd = 2.052 gallons per day. (2) 0.15 gallons per day per square foot of floor area for nonresidential uses N/A ,/b. Recreation, and Open Space demand for residential uses of 3 acres per thousand peak season population. N /A, use too small. 3. Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: 3 / a. Solid Waste; The owner has been in contact with Waste Management concerning the expansion and they have stated they have the ability to serve the proposed development. b. Water and Sewer: Please see attached letter from OUA. c. Schools. N /A, no additional capacity to schools for a commercial project. C. Environmental Impacts Proposed plan amendments shall be accompanied by evidence that the following studies have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: it Wetlands and aquifer recharge areas. Please see the attached wetland map from the wetland mapper provided by the US Fish and Wildlife Services. V2. Soils posing severe limitations to development There are only two soils present at this site from the attached NRCS Websoil Survey. They are Manatee loamy fine sand, depressional over 98.2% of the property and Floridana, Placid, and Okeelanta soils, frequently flooded over 1.8% of the property on the north property line. Any proposed development in the latter soil type would require a Geotechnical Inspection. 3. Unique habitat. The southern portion of the property has been cleared and filled for many years; it does not provide any unique habitat. The northern portion was previously cleared but allowed to grow unabated for the last 10 years. It is overrun with Brazilian Pepper and other exotic species. 4. Endangered species of wildlife and plants. Since this property has been cleared for many years, it does not provide the conducive habitat for endangered species. 4 1 5. Floodprone areas. According to the attached FEMA map, the subject parcels are outside the floodprone areas. D. Internal Consistency with the City of Okeechobee Comprehensive Plan 1. Discuss how the proposal affects established City of Okeechobee population projections. These parcels are currently undeveloped and with this project being proposed as an expansion to the existing nursing home, there will be no impact to the established population projections since the residents will simply be displaced from the local community. 2. List all goals and objectives of the City of Okeechobee Comprehensive Plan that are affected by the proposed amendment. This analysis should include an evaluation of all relevant policies under each goal and objective. There is no effect to the Comprehensive Plan Amendment's Policies and Objectives from this request. Maximum density under current Future Land Use is a little over 4 units to the acre or 10 units total. Under the proposed Commercial Future Land Use the maximum density will be 56,628 sf of commercial. This minimal increase in density will not change the ability of the City or any other utilities to available water, sewer, or roads as described below. 3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. This project is adjacent to unincorporated areas of the City, but will have no impact to the County's Comprehensive plan. 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. Since the City's Comprehensive Plan has been found to be consistent with all state requirements, this application is also consistent with the State Policy Plan and Regional Policy Plan Goals. Since the major concern as stated in Chapter 163.006(5)(I) is to discourage Urban Sprawl, this application can hardly be classified as Urban Sprawl since it is simply an expansion of an existing nursing home. This would be classified as infill and an intensification adjacent to the arterial road to the west of this request. 5 E. Justification of Proposed Amendment Justify the proposed amendment based upon sound planning principles. Be sure to support all conclusions made in this justification with adequate data and analysis. Proposed Conditions For the proposed Commercial Future Land Use designation, the maximum development for Nursing Home Special Exception is 25% maximum lot coverage or 4.21 acres (183,387.6 sf) is 48,846 sf of nursing home. Based on the existing facility of 58,806 sf with 180 beds, this square footage would translate into approximately 150 beds. L 1.2.d. Use Measure Rate Gallons per Day Commercial/ Agricultural (Existing) 27,222 sf 15 gpd / 100 sq. ft. 4,083.8 gpd — water /sewer Commercial (Proposed) 150 beds 115 gpd per bed 17,250 gpd — water /sewer Net Impact 3.75 mgd 2.0 mgd 13,166.3 gpd — water /sewer Water and Wastewater Treatment Plants Based on the information obtained from Okeechobee Utility Authority, the permitted capacity of the surface water treatment plant is 5.0 mgd with the ground water treatment plant rated at 1.0 mgd. The wastewater treatment plant permitted capacity is currently 3.0 mgd. The average daily flow of the combined water treatment plant finished water production is 2.0 mgd for the period of May 2013 through April 2014. The average daily flow of the wastewater treatment plant is 0.775 mgd for the same time period. The Okeechobee Utility Authority reports an outstanding water treatment plant flow commitment of approximately 0.25 mgd with an outstanding wastewater treatment plant flow commitment of approximately 0.225 mgd. Police The nearest City Police station is located at 50 SE 2nd Avenue. No additional Police stations are scheduled. The existing Police station should be able to maintain its level of service standard with the proposed amendment given that the project is immediately 6 Water Wastewater Plant Capacity 6.00 mgd 3.00 mgd Avg. Daily Flow 2.00 mgd 0.775 mgd Committed Capacity 0.25 mgd 0.225 mgd Excess Capacity 3.75 mgd 2.0 mgd Police The nearest City Police station is located at 50 SE 2nd Avenue. No additional Police stations are scheduled. The existing Police station should be able to maintain its level of service standard with the proposed amendment given that the project is immediately 6 adjacent to an existing area already designated for commercial uses. Service availability from the Police Department will be determined by the local government review. Fire The nearest fire station is located at 55 SE 3rd Avenue. No additional fire stations are scheduled. The existing fire station should be able to maintain its level of service standard with the proposed amendment given that the project is immediately adjacent to an existing area already designated for commercial uses. Service availability from the Fire Department will be determined by the local government review. Solid Waste Okeechobee County operates the regional solid waste landfill. The owner has been in contact with Waste Management concerning the expansion and they have stated they have the ability to serve the proposed development. Stormwater Management The project is located in the City of Okeechobee, which has not been reviewed by FEMA and the FIRM Panel Map has no designation within the City Limits. With this request being adjacent to Taylor Creek, there is a potential for flooding, however, since this parcel has been developed for many years, impact to this parcel or neighboring parcels is not anticipated. There are existing wellfields located within 1,000 feet to the east, but with the wellfields being on the opposite side of Taylor Creek and any wells onsite existing for many years, no impacts to existing wellfields is anticipated. Potential adverse impacts to ground and surface waters will be minimized by implementation of appropriate erosion control measures during construction in accordance with the NPDES Generic Permit for Stormwater Discharge from Large and Small Construction Activities. Erosion control measures that may be implemented include stabilization practices such as temporary seeding, permanent seeding, mulching, geotextiles, or sod stabilization; structural practices such as silt fences, earth dikes, diversions, swales, sediment traps, check dams, or storm drain inlet protection; and sediment basins. Stormwater runoff quantity and quality are strictly regulated by the City and the SFWMD to ensure that pre - development drainage conditions are maintained. The proposed rate of discharge from the site will be less than or equal to the existing discharge rate from the site. The discharges off -site will be minimized by on -site detention within the stormwater management system. The drainage system will be owned, operated and maintained by the owner, whose past record of compliance has been shown to be a responsible property owner and should be acceptable to the City and the SFWMD. The Stormwater Management System will employ, wherever practical, a variety of Best Management Practices (BMP). The following are a list of potential BMP that could be integrated into the Water Management System during the final design and permitting stage: 7 • Oil and grease skimmers; • Environmental swales; • Minimize "short- circuiting" of pond flow patterns; • Raised storm inlets in grassed swales; • Utilize stormwater retention where feasible; and • Street cleaning and general site maintenance. Parks and Recreation As a self - contained facility, no impact to the parks and recreation needs of the City is anticipated. Hurricane Preparedness According to information in the Treasure Coast Transportation Analysis Hurricane Evacuation Study Update 2003, dated November 2003, the property is not located in any storm surge zone. The property is not within the Category 3 Hurricane Evacuation Area. Miscellaneous Data Parcel Control Number Subject to this Application 1- 10- 37- 35 -0A00- 00001 -B000 1-10-37-35-0A00-00001-0000 Legal Description Please refer to the attached legal and sketches that comprise this application for future land use amendment. 8 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 °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 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. 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 9 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. 10 X v J LL !n Q) 0 CL 0 L to U � J 0 J L s- o' w N L c Q) Q) 0 c o 0 • c LL U E Q O a) c m J LL Q) Q) -0 0 L U (1) Q) 0 4- 0 4--+ U LE X w CU vl D c ra J N L aJ C 0 aJ Q 0 L b C U J c J D 2 aJ L CU }, Q C O CU L E LL -c U I N O E Q ad v, D C cJ J aJ L Y LL CU CD 0 -c U N Cl.) 0 4- 0 G A 3 X (1) 0 0 0 0 L a on c LE v c —J J 0 In L N a Q � 0 C C d u_ c V N 0 < v V) c J N L U_ L Qi 0 0 0 4) 0) 0 0 U 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, Florida 34995 -0024 11111II1I1111III111lIIf11III11II11lII 1111IIIIIIIIIIIII _ FILE NUM 2011001714 OR BK 00697 PG 1365 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY? FLORIDA RECORDED 02/22/2011 12:27:32 PM ANT 10.00 RECORDING FEES $35.510 DEED DOC $0.70 RECORDED BY S Creech Pss 1365 - 1363i (4pgs) WARRANTY DEED >`� THIS WARRANTY DEED, Made and executed the / ij day of February, 2011, by Seniors "R" Able, Inc., a Florida corporation, conveying an undivided 3% interest and Faye A. Haverlock, as Trustee of the Faye A. Haverlock Family Trust UTA Dated May 4, 1992 conveying an undivided 97% interest, whose post office address is P.O. Box 759, hereinafter collectively called the Grantor, to OHCF Properties, LLC, a Florida limited liability company, whose post office address is P.O. Box 759, Okeechobee, FL 34973, hereinafter called the Grantee: (Wherever used here '• 'T'R =rms "Grantor" and "Grantee" include all the parties to this instrument and the s :55 • and assigns of corporate entities) p WITNESSETH: That the Gran considerations, receipt where sell, alien, remise, release, co Okeechobee County, Florida, to -wi 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 de a part hereof Parcel ID # 1- 10- 37- 35 -0A0a '00. 0.o and 1- 10- 37- 35 -0A00- 00001 -B000 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 otherwise common to the subdivision; (c) public utility easements of record; and (d) taxes for the year 2011 and subsequent years. To Have and to Hold, the same with all and singular the appurtenances thereto belonging or in anywise appertaining, 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 expressly understood and agreed by and between the parties and all successors and assigns that the 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 4-7 Book697 /Page1365 CFN #2011001714 Page 1 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 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 • • I' .OUTH LINE, RUN NORTH 00 DEGREES 00'07" WEST ALONG THE EAST • SAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 315, ' •, A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID PARC 0 , 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, PAGE 223 OF THE Pip DS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH 31 D G 9" 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 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. 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, Book697 /Page1367 CFN #2011001714 Page 3 of 4 0 o a. ..<2 -• s Qc L 0 c o G) -0 c -0 C.9 o. 15 (- 1) 0 O .2 p 0 LU (7) o .0 4-, • - OD cn S' O Yu- :1 m- 0 (1) 0 0 C 0 • 13 0. 1- Z0( Instructions_ Enter Numbers into the "Expected Units" in the Corresponding Yellow Column Notes Caution- Only 3 Studies l Caution -Only 3 Studies o : 0) :1 0 C 0 0 . ICaution- 1 Study Cauti- Only 1 y Cautionon- Ony 2 Stud Studies ICaution- Only 4 Studies 'Caution- Only 4 Studies (Caution -Only 4 Studies 0 a a. 4 --4.44.114(4 44 4-411 4 14 .41114111-441/4114444444-4141141-4.4(44444 E 2 a. a zzzzzzzzzzzz a a a a a a a a a a a a zz g a z <a zz a zz a a zz a a zzz a< a< zz a zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz a<aaaaaaaaaaa<aaaaaaaaaaaa<aa<<aa ,..,, 3 r, g 0. . E. I - z 0 0 ' , 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 000000000000•0000000000000000000000 111 A 2 it 3 >. 7) 77; 000000000000 (Do <Do cDc:, a o 0 o 0 ocr2 c:“:, 0000000000000000000000000000000000 Expected Units (independent variable) 1 , , 0 g■• z o r b . z e b F O « , Z z o o r o 6 e a. C e - Po 4 z ` : ft' 1 f :1 FP, To ''- zz ;- 0 cost .., ro- zol co. 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DU DU 0_ 0 DU Occ.DU 7 0000 E CP2 I Rooms Employees Occ.Room Rooms Occ. Room t 1,'• a. 0 IRooms Employees Description 1 ITE Code Commerdal Ai Commerdal Airport 02 021 1 Commercial Airport 021 General Aviation Airport 022 General Aviation Airport 022 General Aviation Airport 022 Truck Terminal 030 Park &Ride w/ Bus Service 090 Park &Ride w/ Bus Service 090 Light Rail Station w/ Park 093 Light Rail Station w/ Park 093 General Light Industnal 110 General Light Industrial 110 General Heavy Industrial 120 General Heavy Industrial 120 Industrial Park 130 Industrial Park 130 Manufacturing 140 Manufacturing 140 Warehousing 150 Warehousing 150 Mini Warehouse 151 Mini Warehouse 151 Mini Warehouse 151 High -Cube Warehouse 152 High -Cube Warehouse 152 Utilities 170 Utilities 170 Single Family Homes 210 Single Family Homes 210 Fl 2 E Apartment 220 Low Rise Apartment. 221 Hi • h Rise A. artment 222 Mid -Rise Apartment 223 Rental Townhouse 224 Resd. Condo/Townhouse 230 Resd. Condo/Townhouse 230 Low Rise Resd. Condo 231 High Rise Resd. Condo 232 Luxury Condo/Townhouse 233 Mobile Home Park 240 Mobile Horne Park 240 11 Retirement Community 250 1, Elderly Housing- Detached 251 Congregate Care Facility 253 Elderly Housing- Attached 252 Recreational Homes 260 !. Residential PUD 270 Hotel 310 o a (00 "6 6 All Suites Hotel 311 All Suites Hotel 311 Business Hotel 312 Business Hotel 312 Motel 320 Motel 320 Motel 320 0 Z 1 N W N 0 Y Peak Hour is PM Peak Hour. Caution- Only 2 Studies. Peak Hour is PM Peak How. Peak Hour is PM Peak Hour. Peak Hour is PM Peak Hour. Peak Hour is PM Peak Hour. Peak Hour is PM Peak Hour. Caution - Only 1 Study. 0 ci Peak Hour is PM Peak Hour. Y 6 w 8 c Low Turnover - More than 1 hour Big variation on Daily Only 2 studies Daily Trips for Saturday. Caution- Only 1 Study. i 0) 8 Peak Hour is PM Peak Hour. ' (Dairy Rate from 4th Edition RE Have auto repair and service c 8 z1F7 411 ll 111 1 111i1ZZZ11i$ $$$$$$ 1 11'11 Z¢ Z 1 Z 2 Z. 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C ^ G ID ' N 0 $ 2 C ' A ' 5.19 2.17 M lh 2.59 O m 33) 13.87 13.38 a s N ^ M O O a0 fV N 2.371 4.03 O h r 1 W O. ^ O r W N ri .�- fO Imp M 0 0? a ‘62:.--' W O s/ pelp V O 22 N N 1.1."9 1� m N R 32.12 53.13 57.241 N N N IrI�i3 �Opp YS Ih ���y'I pOp33 N fQ IOC N 1 W -_ -. 42.941 N. N aD Ar3� N N 0 O r‘..241 ) .pp f.' Y 1[3 / oOo Y t/ W r ------ 33.341 N W m Q2 A. 0 m 152.84'.. 108.00 1 1 24.87 yy�� Y Beds Employees 'E4'/+ in ]� Y u� Y !+� ]C Employees - -- -- KSF 'Eees KSF y� Y '' Q y�gG+r/` W ]� b• r g'' y� r E�¢'/+ W Q �' y� W Y I/� ]L ' Q �E'o,/+y� W ]L Employees KSF QEOi'I'� W X ]� I/� ]L Seats -------------------- KSFz Seats KSF` y N y I� fa ]C y� ]C y N g 3 Y _'b' y� Y Fuel. Position Fuel Position a_ LL V1 000;g 0 g$�. S mIDSi 1.� 111 Y) p 2 Z 1 'y g, `O !General Office 710 ' 'Corporate Headquarters 714 Corporate Headquarters 714 Single Tenant Office Bldg 715 Single Tenant Office Bldg 715 Medical Dental Office 720 Medical Dental Office 720 Government Office Building 730 Government Office Building 730 State Motor Vehicles Dept. 731 State Motor Vehicles Dept. 731 US Post Office 732 US Post Office 732 Gov. Office Complex 733 Gov. Office Complex 733 R &D Center 760 R &D Center 760 Building Materials/Lumber 812 Building Materials/Lumber 812 Free - Standing Discount Superstore 813 'Free- Standing Discount Store 815 Free - Standing Discount Store 815 Hardware/Paint Store 816 Hardware/Paint Store 816 Nursery (Garden Center) 817 Nursery (Garden Center) 817 Nursery (Wholesale) 818 m M r g !Shopping Center 820 Rate Factory Outlet Center 823 Quality Restaurant 931 Quality Restaurant 931 High Tumover/Sit Down Rest 932 High Tumover /Sit Down Rest 932 Fast Food w/o Drive Thru 933 Fast Food w/o Drive Thru 933 Fast Food w/ Drive Thru 934 Fast Food w/ Drive Thru 934 Drive Thru Only 935 (Drinking Place 925 Quick Lube Shop 941 Automobile Care Center 942 'Automobile Care Center 942 S ; 0 Z 'New Car Sales 841 'Automobile Parts Sales 843 1 Gasoline/Service Station 944 Serv.Station w/ Conven.Mkt 945 Serv.Stat.w/Conv.N & t & Carwash 946 Self- Service Carwash 947 O a) N zii m I 'Tire Store 848 OKEECHOBEE UTILITY AUTHORITY LIAR :1` 2015 100 SW 5th Avenue Okeechobee, Florida 34974 -4221 March 5, 2015 Mr. Steven L. Dobbs P.E. Steven L. Dobbs Engineering, LLC 1062 Jakes Way Okeechobee, Florida 34974 Ref: Water Capacity Request Project: OHCF Properties Parcel ID No.: 1- 10- 37- 35 -0A00- 00001 -8000 1- 10- 37- 35 -0A00- 00001 -0000 Address: 1646 US 441 North Dear Mr. Dobbs: (863) 763 -9460 FAX: (863) 467 -4335 In reference to a request of the availability of water capacity to the subject property, I submit the following information for your use in meeting the potable water use requirements for the project. The Okeechobee Utility Authority owns and operates two water treatment plants with a combined treatment capacity of 6 MGD. During the twelve month period from February 2014 to January 2015, the maximum daily flow was 3.4 MGD, or about 57% of capacity. At the present time, the OUA has excess capacity at the treatment plants. The OUA has a potable water distribution main in the road right of way near the subject property. Any upgrade requirements to the water main due to the demands of the proposed project will be at the project owners' expense. Should you have any questions, comments or concerns with regards to the water system capacity, please contact the OUA at 863- 763 -9460. Sincerely, 3- ohn F. Hayford,'P.E. Executive Director Okeechobee Utility Authority "" OHCF Mel KJ-AV .aW U.S. Fish and Wildlife Service rci µt'M'M : I Elill National Wetlands Invento Feb 25, 2015 / ♦ 4 • • �qpc Wetlands + f . 1. .. kJ ■ •w r,«na:ar aq,A!ir s , / 7 !u' "'' •ww r MN Cresnvi terEmergent 6 g s ini ;Op, f : - Freshwater Forested ?Shrub 4 ' �' i c, .'s'r , Estuarine and Marine Deep'.oater • J' t ..'. i w. Estuarine and Marine r •� ir. <, F A Fres'iweter POSY! s.t� F Lace r'S't 1 - r t ,' ~_ ••• i - Rivefine r Other 4 f w r I e :".• ".4 4'4 POD a. PQ ENEP F:TS illik 1. - - esri This map Is for general reference only. The US Fish and Wildlife Service Is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used In accordance with the layer metadata found on the Wetlands Mapper web site. User Remarks: M „6Z ,6b oO8 8 M N 8 8 n N C). 8 � n U N c 0u i 0 _c 0 o 8 N 0 8 u_ O U 2 10 co o � 0 0 O 0 n M,Ab bb 00S 0£ZSTO£ OOZSTOE OLTSTO£ OHTSTOE OTTSTOE 080STOE OSOSTO£ Z u, M M.6Z,6b .08 O v_ 1` 61 o 5.\--.1 m M C @ 8 8 n x 517090 printed on A land! 40 DO motor Cotner I I 1 I I OEZSTOE OOZSTOE OLTSTOE ObTSTOE OSOSTOE J 0 V_ V O m d 0 N = 0 7 � g: O 3 y O d to o o Z - Z !`0 y 7 N C A O 8 zQ z U — n° c^ M.Ob bb 00B z MAP INFORMATION MAP LEGEND The soil surveys that comprise your AOI were mapped at 1:24.000. Warning: Soil Map may not be valid at this scale. a) C U) — c 1 O N co O c U a o co o N a) C O a3 n as a) N @"° asa E m a ` ° d N E '5. a) a)a.m w CO $ m a) w o c £ o co o • 'co . L ° N c Q 17 0 .D 0 O a7 > E Er) c c t 6 C D C ai 7 O h o E0`)a)m rn� E w c a) U c m m wEn °N 0 N Very Stony Spot e Soil Map Unit Polygons Soil Map Unit Lines Special Line Features Soil Map Unit Points • a) o o rn co 'O a) `i CO O N CO L. O O O L ] N° I N N c0J p) a) .t CO 'O CU N E O co = R a) "° N O ON N N 0 O` E N w O) E (n "° w •C N ( _ U a) O UIn a)L 0 as co o N.O CO E O O N :0 � o L... L a) d O L a) -o R' .�- L O N n c CO CI) a N 'O N 'O N Z T N N -0 L p d V y W d 6 C O) p -c 3 y cu c L N y .a c n L fn °- c N m c0 O y O E O O N N = U fn a) O 00 co ti CO co °w a) y c: aT g O 0 E— co m O O O N E O O N L N L E L N a Q o N •U E co O` .) L a n N.0 a) >. L N "N N O co f0 ci) N R > Z 'O V O m 'O a) y a) N = LO, E 0 a) f0 J fn co O c C O N O> N L c N as s ZEE ma¢o;o m rn ONO,0 ai 03 °) L E ma co a) a0ia m E o rna�i c cri cO 0 n co L O co O N O Q© N". a3 f6 L a3 O 3 -O .c c 2 >E �Nm Eccca3c t,' .1" aTim 3 o Om � d ° CO "o o m° o Q n co t v O co N U "O N O O N f6 n a) (n a) N O �O a n cu m as 30 `O n- o 0 N> = 2 a) d d E c°'o E a CD E t°ns0 0 CD 2 o.-5< o I— --c inin in `o 0- i- o E o Water Features Streams and Canals L. 6 a7 m Closed Depression Local Roads Aerial Photography Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water 0. 0 0 0 0 Severely Eroded Spot £ ;o £ abed /aMns Dios angeaadoo0 leuoileN aouuag not ;eAJasuo3 9602 /LZ /Z Aaiun llos qaM saornoseJ lein;eN �SII %0'001. S'S ;saga ;ul ;o eery Jo; sle;ol %W I. 6'0 papooli Anuanbai; •slios a ;uelaaN0 pue .ppeId 'eueppol j 66 %Z'86 ti'9 ieuo!ssaJdap .pues aug AweoI aaieueysj 9 IOII/ ;o wowed 1011 ul saloy eweN ;lun deW logwAs ;lug dew (£6011) ePpold `Auno0 aegogaeee10 pua6ei pun dew 011 'salpadoJd JOH0 epuoll •iS ;uno3 aagogoaamO —delnl Iios O m { T 39 to r4 ■■■■■i NeM ■••■■_ at; mitINEMMEN o' g JOINS PANEL 0420 4 g NATIONAL FLOOD INSURANCEPfOCRAM m C) 0 8 W 0 c) a N LOO)Or-OOtALO U7 O U O N O O N N N N CD N000000CO MMdO'•GI•LO MMM N f- O) O) O) CO O) V "1'Nd CO CO CO M CO F" JJJJ _IJJ JJ CO LL LL LL IL LL LL LL LL LL W W W W WZmm w rO CO 2 ,-00000000 Qzrrrcar0o0 z W U U U z o z Z z >-`OQWWWJW -7JJ H IYY Y Y CC CL M W Um00000000 (s0 LO r r` >- NOr co co CO O_ r 1- IY zo >oI-I- W O< 0 0 0 Q Q r Q Q Q CL I-- m� r0 °000 It W N W W W o�000 ca M N M M 'co O N O N N N 0• 0000mO00O3) 0 0 0 0 0 0 0 C V 00000 � r o N 0 0 0 0 0 O O, O r N N 000000000 0000oo000 O 0000000° O 0 0 0 0 0 0 0 0 O 00Oc- c-f - - 0 0 0 0 00 00 0 00 0 000000000 h ti M 2 2 ti M M 2 M M M M 0 0 0) M M M M O M C) M ,- O ,- c- 0 .r - 7 7 ��N(-:, MMC7C') OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE W.C. "BILL" SHERMAN, PROPERTY APPRAISER G's /MAPPING DEPARTMENT 100 FEET SURROUNDING OWNERS rt xs. ' OKEECHOBEE HOSPITAL INC 1- 09- 37- 35 -0A00 -00011 -0000 OHCF PROPERTIES LLC 1- 10- 37- 35 -0A00- 00001 -0000 HAMRICK & SONS INC 1- 10- 37- 35 -0A00- 00001 -0000 3 LIFESTYLES & HEALTHCARE LTD 2- 09- 37- 35 -0A00- 00010 -0000 OHCF PROP TIES LLC 1- 10- 37 -35- ' A00- 00001 -B000 HUSAIN SURAIYA, TRUSTEE 3- 15- 37 -35- 0010- 00010 -0010 MASON WILLIAM H 3-15-37-35-0010-00010-001B Russ Duncan CFE, Agriculture Appraiser/ GI5 Mapper Date: 2/20/2015 THIS MAP HAS BEEN COMPILED FROM THE MOSTAUTHENTIC 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 W O U Lt N F W Q 2 U Ci N I W 0 a ▪ ip 0)rn0 CD CD LO f Y n r 00 N • 3 M cc,' O - t- t- N O Q) O) P- NI- NI- v M MC')M • J J J J • LL LL LL LL W W W 03 m W O 03 --1I -.000 '-1zIII > 1 000 N W W W 203000 0 X 0 CO 0 CL to w 1- U w re Z 0 3 ZF'o)0)v V = Is- �>- C0100= Z 22(0 0 J 0 Ce - J U 1- _i �tna 0coWWw W(ouJw W0 WW _90-o_r • as W• aUUW 02001 CD O CD O 0 CD g CD C, 0 r r 'a-_O O 0 O O O 0 cp 0 O 0 000 o 4C °a 0a a O 9io (")MMMM V.. r n h t- 01 M (0) cM 0) 0)0060) 0rrr0 r r r r N OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE W.C. "BILL" SHERMAN, PROPERTY APPRAISER G//MAPPING DEPARTMENT 100 FEET SURROUNDING OWNERS 1 OKEECHOBEE HOSPITAL INC 1- 09- 37- 35 -0A00- 00011 -0000 OHCF PROPERTIES LLC/ 1-10-37-35-0A00-00001- 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/ 615 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 Z \1S Projects \ 15-145 Ok Healthcare Facility \ Dwq \ Survey \15- 145Map1- rotated.dwg 3/2/2015 352:39 PM, Adobe 00F 8emporary)5705.pc3 b N O rn 2 T. y :ate • � � m \, ASPHALT DRIVE I EAST uN E. 15. PG. 746 NOO'OO.O7 "W(D)(C) 321.6O•(D)(C) 22.63' s. 11 r_ •° ° o, 1. z 0 JOB RR 1•5 °Tµ,15,20,5 °° - MDR Mro BR: CADD 15-- 11451.40 cJ] 7 n W y Z /9J Z �v Q a 71.<,,,, -4 N 4,./,'„/-f! ' J �-�-I'P v tO m N I I y U'i N I Ga 9 4 ! w R O,�, Iz l v J AA \ ' o ■ -V1 „\\ q af4 5 to \ Inds �r Im n T u\ '°FR''' 4,0 .<:6 ;•• 8 ,Q0' gSFMFNr e, - -� \� \`� 19, pC •,,7,, a \ A ma�\�`n po m C•aimA Z's� m 000°3� mC °iP �c$ �yi�a`�a�`i��i�a�a��- 8�pz534s�> ;'-`$- ,O°1111,41MI TEAN8k” n =N A3�i ^a�AN'R�mgfg��mi � 1 mm Qg< 4 p va 1V3ia3A NvOa !9.111 a8a m1�mg m �y gt GEOMATICS SERVICES Inc, PROFESSIONAL SURVEYORS & MAPPERS 1934 TUCKER COURT, FORT PIERCE, FLORIDA (772) 419 -8383 FAX (772) 408 -4208 CERTIFICATE OF AUTHORIZATION LB# 7673 REVISIONS 8 DATC DESLmPTION m m 4,, 9 0 r PREPARED FOR: OHCF Properties, LLC LYING IN OKEECHOBEE COUNTY, FLORIDA A zlp $a TIV3S 3IHdV2IO BOUNDARY AND TOPOGRAPHIC SURVEY BOUNDARY SURVF.Y PRr .PARED FOR= OhCF f'KOfTJKT1 5, LLC. SHEET i OF i LYING IN SECTION 0, TOWNSHIP 3750UTt1, RANGE. is 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 LIABILITY 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) FOR COMMUNITY NUMBER 120177, PANEL NUMBER 02006, 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 LINE. 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. = TELEPHONE RISER /VAULT. • = WATER VALVE /METER. = FIRE HYDRANT. • = STORM WATER MANHOLE. QS = SANITARY SEWER MANHOLE. = STORM WATER CURB INLET. PREPARED FOR: 1. OHCF PROPERTIES, LLC. 4/- JObI"N A, WILSON, PSM P OFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS5157 FLORIDA CERTIFICATE OF AUTHORIZATION NO. LB7429 PROJECT INFO. BLOCK 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 PROJECT /DWG. NO.: 05 -0035 EXPEDITION 561RVi YING MAPPING inc. 1I ns o /4 OFFICE: 304 NW 5th STREET — OKEECHOBEE MAIL: POST OFFICE BOX 1610 — OKEECHOBEE, FLORIDA 34973 \ PHONE: 863- 357 -6688 FAX: 863 - 357 -6684 johnw— esmOeorthlink.net i1 • yl sZI V � FOUND 4 X 4" CONCRETE MONUMENT NO I. D. . BOUNDARY SURVEY PRr .PARF.D FOR OhCI 5, LLC. 51-1E ET z OF 3 NE 9th STREET PARCEL ID: I 1-09-37-35-0A00— 00014-0000 EXIS7TNG PROFESSIONAL CONDOMINIUM T PARCEL ID: 1-09-37-35 — OAOO- 00008— 0000 C0 7'� /NEST LINE TAYLOR CREEK PERMANENT / EASEMENT / ORB 49, PG. 223 1 (SUBJECT TO BLANKET DRAINAGE EASEMENT) ORB 207, PG. 180 & ORB 208, PG. 380 (SUBJECT TO AMENDMENT 70 AGREEMENT CONCERNING DRAINAGE EASEMENT) ORB 546, PG. 534 SRC FOUND PK NAIL N►TN DISK RLS4276" FOUND PK NAIL w7H DISK RLS4276" EAST LINE ORB 219, PG. 593 ORB 219 PG. 593 P.O.B. S W CORNER ORB 524 PC180 448.33' - - -- N89'59'53 "E (D)(M) 800.00' i (BASE BEARING) NORTH LlN£ ORB 315 PG. .746 45' WD£ RECIPROCAL EASEMENT ORB 254 PC 756 N.E. CORNER ORB 315 PG 746 Z 0 1.+0 Nom' ORB 315, PG. 746 PARCEL ID: 2- 09- 37- 35 -0A00-00010 -0000 I SOUTH UNE 9 10 •• 671°N 10 448.36' —Al _ N89'32'54 "E ii (NORTH 14th STREET —P.B. 4 PC 5) 16 0 5 "AIRPORT DITCH "L - EXIS77NG FOUND 5/8" IRON ROD N17H CAP STAMPED TNPS LB6719" ORB 520 PG. 180 PARCEL /D: 1-10-37-35 — OAOO- 00001- 8000 P.O.C. 5.W CORNER SECTION 10/37/35 I DRAINAGE CANAL 1 I FOUND 5/8" IRON ROD N17H CAP STAMPED "MPS L8671 NOKI I ! 200' 150' 100' 50' 0' 100' 1 /NCH = 200 FEET (1" = 200') 200' PROJECT INFO. BLOCK 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 OJECT /DWG. NO.: 05 -0035 EXPEDITION 5GJRVL YING MAPPING, Inc. LO 15 o /42 OFFICE: 304 NW 5th STREET — OKEECHOBEE MAIL: POST OFFICE BOX 1610 — OKEECHOBEE, FLORIDA 34973 PHONE: 863- 357 -6688 FAX: 863 -357 -6684 johnw— esm*earthlink.net bOUNDAfZY SURVrY PRF.FAIT D FOR OhCF rKorrRTJr5 LLC. 511EE T 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 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. 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 & HEALTHCARE, LTD.) OF THE SUBJECT SITE. PROJECT INFO. BLOCK i 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 r EXPEDITION 561KVt YING &MAPPING, inc. co qs o t4,2 DATE: REVISIONS BLOCK DESCRIPTION: BY: OFFICE: 304 NW 5th STREET — OKEECHOBEE _ ST OFFICE BOX 1610 — OKEECHOBEE, FLORIDA 34973 PHONE: 863 - 357 -6688 FAX: 863- 357 -6684 johnw— esm6earthlink.net Staff Report Small Scale Comprehensive Plan Amendment Prepared for: The City of Okeechobee Applicant: OHCF Properties, LLC Petition No.: 15 -001 -SSA Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 239 -33•i -3366 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: OHCF Properties, LLC Small Scale Comprehensive Plan Amendment Petition No. 15 -001 -SSA General Information Site Address Contact Contact Phone Number Conntac ail Address 1650 Highway 441, North & NE 19 Okeechobee, FL 34972 863 -634 -7644 Drive sdobbs @ste " edobbseng nee ing.co Existing Proposed irication' Cgom ercial ommbercial Zoning District South parcel (Parcel 1) North parcel (Parcel 2) Use Acreage South parcel (Parcel 1) 2.04 acres North parcel (Parcel 2) 2.97 acres * URMU = Urban Residential Mixed Use of o ®erty NC -2 (County Zoning) CHV Agricultural (County Zoning) CHV 2.04 acres 2.97 acres Legal Description of Subject Property Parcel Identification Numbers Parcel 1: 1- 10- 37- 35 -0A00- 00001 -B000: Parcel 2: 1- 10- 37- 35 -0A00- 00001 -0000 Serving Florida Local Governments Since 1988 1 Staff Report Applicant's Name: OHCF Properties, LLC Small Scale Comprehensive Plan Amendment Petition No. 15 -001 -SSA 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 T• SAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 315, A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID PARC D; THENCE DEPARTING SAID EAST LINE, RUN NORTH 89 DEGREES 59' c ' EA� PERPENDICULARTO THE PRECEDING COURSE, A DISTANCE OF 374.51 a • POINT ON THE WEST LINE OF THE TAYLOR CREEK PERMANENT EASEM ► SCRIBED IN THE OFFICIAL RECORDS BOOK 49, PAGE 223 OF THE PUtB •► • DS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH 31 0 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 SAI AID 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 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: OHCF Properties, LLC Small Scale Comprehensive Plan Amendment Petition No. 15 -001 -SSA 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, 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 PERPENDICULAR 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 CORNER OF THE AFOR WEST ALONG SAID WEST LINE OF THE CE OF 329.21 FEET TO THE NORTHEAST DESCRIBED IN ORB 524, PAGE 180; THENCE DEPARTING SAID WEST LI SOUTH 89° 59' 53" WEST ALO 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 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: OHCF Properties, LLC Small Scale Comprehensive Plan Amendment Petition No. 15 -001 -SSA Request The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map for two parcels of land currently within the unincorporated portion of the County and in the process of being annexed into the City. The current and proposed Future Land Use designations, zoning, existing use, and acreage of each parcel are shown in the table on page 1. These properties are also the subject of concurrent rezoning petition 15 -002 -R to apply CHV Zoning to each parcel once annexation is concluded. Adjacent Future Land Use Map Classifications and Zoning Districts Land Use Classification nmg District Existing Future Land Use Map Classification East Zoning District Existing Land Use: Future Land UseMapClassifcatio Existing an Future Land Use Map Classification West Zoning District: Existing Land Use: *URMU = Urban Residential Mixed Use * *CCMU = Commercial Corridor Mixed Use URMU* `,County Agricultural & URMU (County FLUM) Agricultural (County zoning) Vacant land oldie auntla CCMU ** & URMU (County FLUM) RG (County zoning) CHV (City zoning) Nursing Home and Hospital General Analysis and Staff Comments A Qualification for Amendment Based on the size of the property (5.01 acres) this application qualifies under Chapter 163, F.S. as a Small Scale Amendment to the Comprehensive Plan. B. Current Use Both properties are currently vacant and undeveloped. Serving Florida Local Governments Since 1988 4 Staff Report Applicant's Name: OHCF Properties, LLC Small Scale Comprehensive Plan Amendment Petition No. 15 -001 -SSA C. Current Development Potential Under the existing Future Land Use designation in the County's Comprehensive Plan, the Applicant has calculated that the present Future Land Use designations would pro- vide a maximum development potential of 27,222 square feet of commercial use. D. Future Development Potential as Commercial The maximum FAR permissible under the Comprehensive Plan is 3.00. Given the fact that the CHV zoning district limits coverage to 50% and height to 45 feet (four stories), FAR is limited to about 2.00 unless a special exception to height is granted. However, an FAR of even 2.00 is greater than that which could practically be achieved when park- ing, drainage, and other development requirements are considered. Commercial devel- opment in Okeechobee is much more likely to run in the range of an FAR of 0.25 to 0.50. At these intensities, the Commercial Future Land Use Category and CHV District would allow for between 55,000 and 109,000 square feet of conventional commercial use. However, given the location of the subject properties and the limited vehicular accessi- bility to the site from US 441, we believe that such commercial development is unlikely. Rather, the Applicant is proposing to construct a new wing associated with the existing 180 -bed nursing home. The Applicant provided the following description of the proposed expansion: "The project consists of an existing 180 bed nursing home and associated parking. Previous approval has been granted to add parking to the west end of the project and they are seeking a building expansion to the east to include an additional 18 beds as well as an expansion of the food preparation facilities and nursing stations. The proposed expansion to the east will add parking as required and drainage facilities for not only the new expansion, but also the existing facility. Potable water and wastewater service is provided by the Okeechobee Utility Authority. This planned expansion to the east will slightly increase existing potable water and wastewater demand" Comprehensive Plan Analysis A. Consistency with the Comprehensive Plan and Compatibility with Adjacent Uses. The intent of the Future Land Use Element (FLUE) and Future Land Use Map (FLUM) is to manage future growth. A Goal of the City, as set forth on page 1 of the FLUE, is to "...maintain a high quality living environment, preserve its distinctive natural and historic resources, and provide public services to its residents at a minimum cost." Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: OHCF Properties, LLC Small Scale Comprehensive Plan Amendment Petition No. 15 -001 -SSA Objective 12 states that the City of Okeechobee shall encourage compatibility with adja- cent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. We believe the proposed amendment to the Future Land Use Map is consistent with the Comprehensive Plan and compatible with surrounding land uses. Lands to the north and west of the subject parcels currently carry Future Land Use Designations that allow for urban commercial, residential or mixed use development. The property to the imme- diate west is the site of the existing nursing home for which the subject properties are intended as an expansion of the existing use. The properties to the immediate south of the subject property are currently vacant and designated for single - family use. These properties are already across from a nursing home and the 35 -foot drainage buffer between them and the nursing home will continue as a spatial buffer from the proposed nursing home expansion. B. Adequacy of Public Facilities Potable Water and Wastewater The existing nursing home is currently served by Okeechobee Utilities Authority (OUA). Based on the City's adopted level of service standard of 150 gallons of water per day per person, the proposed 18 -bed expansion will generate the need for an additional 2,700 gallons of potable water and waste water treatment per day. This is but a min- iscule share of the existing excess capacity 3.75 million gallons per day (MGPD) of potable water and 2.0 MGD of waste water treatment capacity. The Applicant has sub- mitted letters from Okeechobee Utility Authority showing that Authority has sufficient capacity to provide the needed potable water and waste water treatment services asso- ciated with the proposed nursing home. In the unlikely event the subject parcels were developed at the practical maximum intensity identified in Section D, previous, at the City's adopted level of service standard of 0.15 gallons of water per day per square foot of nonresidential uses, the proposed 109,000 square feet of conventional commercial use could be expected to generate the need for an additional 16,350 gallons of potable water and waste water treatment per day. This volume is also but a miniscule share of available excess capacity of the OUA facilities. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: OHCF Properties, LLC Small Scale Comprehensive Plan Amendment Petition No. 15 -001 -SSA Roadways The traffic generation factor for a nursing home cited in the ITE 8th Edition of Traffic Generation is 0.22 trips per bed in the PM "peak hour ". This translates to an additional four trips during the PM Peak Hour for the 18 new beds being added as a result of the planned expansion. It is safe to say that this increase in traffic will have no effect on the level of service on US 441. In the unlikely event the subject parcels were developed at the upper limit of intensity identified in Section E, previous, 109,000 square feet of medical offices, at 3.46 trips per 1,000 square feet, up to 377 trips could be generated during the peak hour. Should such an eventuality ever occur, the developer will need to provide a traffic impact study showing that the project meets the City's traffic concurrency standards. Solid Waste The County has recently confirmed a considerable level of excess capacity available to serve the solid waste disposal needs of other major developments in the City. The additional 18 nursing home beds will have no measurable effect upon the solid waste disposal capacity. It also appears reasonable to expect that even the volume of solid waste associated with a development of 109,000 square feet of commercial use could be accommodated by the County's solid waste disposal capacity. Drainage The proposed development will be required to meet all standards required by the City of Okeechobee and the South Florida Water Management District. C. Environmental lmpacts The Applicant has stated that other than a small wetland area on Parcel 2, that may require consideration, the subject properties have been in urban usage for many years, contain no environmentally sensitive areas, valuable habitat or other physical attributes that would limit development as a result of environmental concerns. We have no infor- mation to the contrary. D. Relationship to Lands in the Unincorporated Portions of the County Given the County's Future Land Use designations of Commercial Corridor Mixed Use and Urban Residential Mixed Use currently applied to the surrounding unincorporated properties, we see no significant detrimental effect upon those properties as the result of a Commercial Future Land Use designation for the subject properties under the City's Comprehensive Plan. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: OHCF Properties, LLC Small Scale Comprehensive Plan Amendment Petition No. 15 -001 -SSA Recommendation Based on the foregoing analysis, we find the requested Commercial Future Land Use Designations for each of the subject properties to be consistent with the City's Compre- hensive Plan Therefore, we recommend Approval of the Applicant's request to amend the Comprehensive Plan to show these properties as Commercial on the City's Future Land Use Map. Submitted by: Wm. F. Brisson, AICP Planning Consultant April 8, 2015 Planning Board Hearing: April 16, 2015 City Council Public Hearing: May 5, 2015 Attachments: Future Land Use, Subject & Environs Zoning, Subject & Environs Existing Land Use, Subject & Environs Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: OHCF Properties, LLC Small Scale Comprehensive Plan Amendment Petition No. 15 -001 -SSA FUTURE LAND USE SUBJECT SITE AND ENVIRONS OHCF Properties, LLC City of Okeechobee Future Land use Amendment Surrounding Property Owners FLU exhibit Serving gat Lacs! Governments Since 19f$ 9 Staff Report Applicant's Name: OHCF Properties, LLC Small Scale Comprehensive Plan Amendment Petition No. 15 -001 -SSA ZONING SUBJECT SITE AND ENVIRONS OHCF Properties, LLC rite of Okpprhnhep Forum I and IMP Ampndmpnt Surrnundin¢ Prnnprtv flwnprs Zoning exhibit Subject Property Servinst Fibrida Local Gncernrnents Since 1988 10 Staff Report Applicant's Name: OHCF Properties, LLC Small Scale Comprehensive Plan Amendment Petition No. 15 -001 -SSA EXISTING LAND USE SUBJECT SITE AND ENVIRONS OHCF Properties, LLC City of Okeechobee Future Land Use Amendment Surrounding Property Owners Land Use Exhibit Sent* Fkxida Local Governments Since 1988 11 City of Okeechobee 55 SE 3rd Av Okeechobee FL 34974 -2932 Office of the City Administrator Brian Whitehall Ph 863- 763 -3372 Fax 763 -1686 email: bwhitehall (,,cityofokeechobee.com * * * * * Memorandum * * * * * TO: City Planning Board Mayor & City Council FOR: April 16 2015 Planning Board May 5 2015 City Council mee FR: Administrator Whitehall General Sery Coord Burnette Finance Director Riedel RE: Impact fee - repeal Exhibit 2 The City's Impact fees were created by Ordinance #985, adopted June 5, 2007, and described in City Code Chapter 71. It is the City staff recommendation that Chapter 71 be repealed and there is a sample ordinance for your review attached hereto. We plan to accomplish this in the following manner: Planning Board recommendation — 4/16/15 (advertise 3/29 & 4/8) City Council action - 1st rdg — 5/5/15, 2nd and final — 5/19/15 (advertisement 5/15) The City Council had considered an impact fee collection moratorium on two occasions (July 2009 & Jan 2010) before finally acting favorably in July 2011. The Planning Board has recommended the extension of a moratorium each time it was presented, since 2011. The City's current moratorium on fee collection expires June 30, 2015. The other two taxing agencies, of which the City has Interlocal Agreements with, have adopted ordinances that terminate their impact fee program. The School District action was Nov '14 and the County, Dec '14. TO: City Planning Board RE: Impact fee — repeal pg 2 of 2 Mayor & City Council 4/16/15(PB) 5 /5 /15(Council) Financial Analysis: As part of the initial fee calculations (May 2007 study) the City was required to identify specific capital improvements and a summary or same is listed here: Fire Mini Pumper /Brush Vehicle Ladder Truck (upgrades) Fire Engine /Pumper Communication System Portable Radio's New Tone Out System for Dispatchers Bunker Gear Special Ops, inc Homeland Security Total Fire Law Enforcement Tasers Motorola Radios & Command System Law Enforcement CPU System Intoxilizer Office Expansion & Upgrade Squad Cars & Equipment Total Police Public Works Tractor Mowers Dump Trucks Sidewalks Building Equipment City Barn Addition Drainage Improvements Road Construction Total Pub Wks City Total $ 200,000 $ 50,000 $ 500,000 $ 200,000 $ 35,000 $ 200,000 $ 14,000 $ 100,000 $ 1,299,000 $ 8,050 $ 39,305 $ 100,000 $ 6,300 $ 5,000 $ 1,324,800 $ 1,483,455 $ 120,000 $ 100,000 $ 100,000 $ 10,000 $ 200,000 $ 2,320,000 $ 300,000 $ 3,150, 000 $ 5,932,455 Please see the attached historical financial summary of the Fund. While the City was unable to retire all of the capital improvements listed in the 2007 plan (utilizing impact fees), unlike the County or School Dist, the City is closing the Fund with no excess monies for distribution. Page 2 City of Okeechobee mpact Fees Collected and Expended as of March 31St, 2015 Below is a listing of Impact Fees receipted and recorded since the inception of Ordinance No. 985 through March 31st, 2015 as well as expended funds by each fiscal year. As indicated, all funds were expended based on the prescribed listing of projected and current capital projects and equipment purchases. Fiscal year 2008/2009 -- 2009 Ford F550 Brush Truck for the use and service within the Fire Department. Fiscal year 2011/2012 -- Mobile Radio Equipment within the Fire and Police Department. Fiscal year 2014/2015 -- Replacement Police Vehicle and new and improved roads within the Transportation/Public Work Department (NW 9th St & NW 9th Avenue). Receipted Impact Fees Expended Impact Fees FY 2007/2008 $60,994.60 FY 2008/2009 $9,148.20 $22,412.00 FY 2009/2010 $34,478.10 FY 2010/2011 $8,920.00 FY 2011/2012 $49,753.00 FY 2012/2013 FY 2013/2014 FY 2014/2015 $41,375.90 Totals $113,540.90 $113,540.90 Fiscal year 2008/2009 -- 2009 Ford F550 Brush Truck for the use and service within the Fire Department. Fiscal year 2011/2012 -- Mobile Radio Equipment within the Fire and Police Department. Fiscal year 2014/2015 -- Replacement Police Vehicle and new and improved roads within the Transportation/Public Work Department (NW 9th St & NW 9th Avenue). ORDINANCE NO. 1124 AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, RESCINDING ORDINANCE 985, WHICH CREATED CODE BOOK CHAPTER 71 IMPACT FEES, AUTHORIZING INTERLOCAL AGREEMENTS TO ACCOMPLISH SAME; PROVIDING FOR CONFLICT; PROVIDING FORSEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, adopted Ordinance No. 985, effective June 5, 2007, which created the Code of Ordinance Chapter 71, to impose impact fees within the City, with means of imposition, exemptions, accounting methods, and use of funds; and WHEREAS, concurrent with the ordinance, the City of Okeechobee entered into interlocal agreements with the Board of County Commissioners, and Okeechobee County School District which concerned imposition of impact fees by those agencies within the City of Okeechobee, accountings and other terms, which agreements are due to expire in 2017; and WHEREAS, the interlocal agreements require that all parties consent and agree to the termination of the agreements if so desired, prior to the natural expiration date set out in the agreement of 2017; and WHEREAS, all entities have determined that the imposition of impact fees is not conducive to growth and development within Okeechobee County, and that the provision of capital improvements, infrastructure, and capital facilities is attainable by the respective entities within current capabilities without the need for impact fees, and still maintain compliance with their respective comprehensive plans; and WHEREAS, the County Commission and School District have taken action to rescind their respective ordinances or appropriate action of each board; and WHEREAS, the City is not in possession of any remaining funds which may have been collected through the imposition of impact fees as a result of the ordinance. 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. Amendment and Adoption. THAT the City Council for the City of Okeechobee, Florida, herewith rescinds Ordinance No. 985, heretofore passed by the Council on June 5, 2007 in its entirety. SECTION 2. Preservation of Rights. THAT nothing in this action may be construed as waiving, limiting or otherwise preventing the imposition of impact fees within the City of Okeechobee in the future if such action were deemed to be in the best interest of the City at that time. SECTION 3. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Ordinance No. 1124 - Page 1 of 2 SECTION 4. Severability. If any provision or portion of this ordinance is declared by a court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this day of 2015. James. E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this day of 2015. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Ordinance No. 1124 - Page 2 of 2 City of Okeechobee 55 SE 3r"1 Av Okeechobee FL 34974 -2932 Exhibit 3 Office of the City Administrator Brian Whitehall Ph 863- 763 -3372 Fax 763 -1686 email: bwhitehall na,citvofokeechobee.corn * * * * * Memorandum * * * * * TO: City Planning Board Mayor & City Council FOR: April 16 2015 Planning Board May 5 2015 City Council etin FR: Administrator Whitehall RE: Flood Plain Ordinance /Flood Insurancb Rate Map (FIRM) Federal regulations require that the City adopt new legally enforceable floodplain management measures by July 16, 2015 as a condition of continued eligibility in the National Flood Insurance program (NFIP) for our residents. We plan to accomplish this in the following manner: Planning Board recommendation — 4/16/15 (advertise 3/29 & 4/8) FL State Floodplain Management Office review (approx 5/6/15 — 6/15/15) City Council action - 1st rdg — 5/5/15, 2 'd and final — 6/16/15 (advertisement 6/5/15) The proposed model ordinance, attached, submitted to the City by the FL Emergency Management (through FEMA/U S Dept of Homeland Security) contains the minimum standards required in a local ordinance. In developing the ordinance, FEMA prepared a statistical report called the Flood Insurance Study (FIS) and composed new Flood Insurance Rate Maps (FIRM) for Okeechobee. I'm enclosing a typical panel(s) from the FIRM. Unfortunately, FEMA has not afforded the City additional copies of the FIRM panels, I would refer you to the following web site (the site indicates `preliminary' but FEMA advised that there were essentially no amendments): http://co.okeechobee.fLus/node/400 At that site, you will find the index panel and the panels that identify parcels inside of the city limits: #0415C, 0480C, & 0485C You will also see the FIS mentioned above at that same site at the bottom of the page or go directly to this web site: http://co.okeechobee.fLus/sites/default/files/files/38- Preliminal 20Flood% 201nsurance %20Study%20%2012093CV000A.pdf TO: City Planning Board RE: Floodplain Mgmt Ord pg 2 of 2 Mayor & City Council 4/16/15(PB) 5/5/15& 6 /16 /15(Council) While you can see the FIRM category descriptions on either the panels or within the FIS mentioned above, I'm mentioning them here, below. FIRM (Flood Insurance Rate Map) Used by Insurance companies to assign risk and therefore premium and policy information, the City has basically four flood insurance zone designations: o =e A — dark gray on the FIRM, where no base elevation is noted (subject to a 100 -yr flood) fizne ym - dark gray, where the base elevation is 16' (subject to a 100 -yr flood) Zone X - light gray, no elevation restriction (subject to a 500 -yr flood) Zone )CI — white, no elevation and is outside of the 500 -yr flood area Adoption of the Floodplain Management Ordinance The basic premise of adoption of the ordinance is to repeal antiquated flood management code provision and replace them with floodplain regs that explicitly coordinate with the building code. Of course the City utilizes the FL Bldg Code (FBC) and that code provides guidance on building design. The ordinance we're considering provides code guidance on the administrative mechanics of carrying out new flood- resistant design FBC prerequisites. During each review process the draft ordinance must be given to the FL Emerg Management office to confirm compliance. I recently sent the draft (attached) to them simply incorporating Code numbering to jibe w/ our Code and a cpl of other non - substantive points. After the Planning B'd and City Council 1st Reading I will be required to again submit the ordinance for further review. Page 2 requirements for buildings in flood- IarzaFd areas. DO NOT copy from your existing regulations ORDINANCE NO. XX -XX AN ORDINANCE BY THE { {OKEECHOBEE CITY COUNCIL} AMENDING THE CITY OFOKEECHOBEE CODE OF ORDINANCES TO REPEAL • - - - - - - }Chapter 82, Article V, Section 82 -121 through 82 -127; TO ADOPT A NEW {insert appropriate chapter /section numbers }Chapter 82, Article V, Section 82 -121 through 82 -127f_ TO ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; TO ADOPT LOCAL ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING FOR APPLICABILITY; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has, in Chapter 166 — Municipalitieses}, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency has identified special flood 1 hazard areas within the boundaries of the City of Okeechboee and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare, and FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 1 development. 82- 121.3101.3 Intent. The purposes of this ordinance and the flood Toad and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: (1) Minimize unnecessary disruption of commerce, access and public service during times of flooding; (2) Require the use of appropriate construction practices in order to prevent or minimize future flood damage; (3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; (4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; (5) Minimize damage to public and private facilities and utilities; (6) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; (7) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and (8) Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. 82- 121.4101.4 Coordination with the Florida Building Code. This ordinance is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code. 82- 121.5101.5 Warning. The degree of flood protection required by this ordinance and the Florida Building Code, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man -made or natural causes. This ordinance does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this ordinance. 82- 121.6101.6 Disclaimer of Liability. This ordinance shall not create liability on the part of {the City Council governing -body) of {the City of Okeechobee } or by any officer or employee thereof for any flood damage that results from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION 82 -122 102 APPLICABILITY FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 3 82 -123.1 103.1 Designation. The {City Administrator ' is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees. 82- 123.2103.2 General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this ordinance. The Floodplain Administrator shall have the authority to render interpretations of this ordinance consistent with the intent and purpose of this ordinance and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this ordinance without the granting of a variance pursuant to Section 82- 127107 of this ordinance. 82 -123.3 103.3 Applications and permits. The Floodplain Administrator, in coordination with other pertinent offices of the community, shall: (1) Review applications and plans to determine whether proposed new development will be located in flood hazard areas; (2) Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this ordinance; (3) Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation; (4) Provide available flood elevation and flood hazard information; (5) Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant; (6) Review applications to determine whether proposed development will be reasonably safe from flooding; (7) Issue floodplain development permits or approvals for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this ordinance is demonstrated, or disapprove the same in the event of noncompliance; and (8) Coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this ordinance. 82 -123.4 403.4 Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall: (1) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 5 permanently keep and make available for public inspection all records that are necessary for the administration of this ordinance and the flood resistant construction requirements of the Florida Building Code, including Flood Insurance Rate Maps; Letters of Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and this ordinance; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this ordinance and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at {City of Okeechobee, 55 SE 3`d Avenue, Okeechobee, FL, 3497 SECTION 82 -124 404 PERMITS 82- 124.14.044 Permits required. Any owner or owner's authorized agent (hereinafter "applicant ") who intends to undertake any development activity within the scope of this ordinance, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the Floodplain Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this ordinance and all other applicable codes and regulations has been satisfied. 82- 124.2104.2 Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this ordinance for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit. 82- 124.2.1 104.2.1 Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance. Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the requirements of this ordinance: (1) Railroads and ancillary facilities associated with the railroad. (2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S. (3) Temporary buildings or sheds used exclusively for construction purposes. (4) Mobile or modular structures used as temporary offices. (5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which are directly involved in the generation, transmission, or distribution of electricity. (6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open -sided wooden hut that has`a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non -wood features. FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 7 (1) The {South Florida insert name} Water Management District; section 373.036, F.S. (2) Florida Department of Health for onsite sewage treatment and disposal systems; section 381.0065, F.S. and Chapter 64E -6, F.A.C. (3) Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; section 161.055, F.S. (4) Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act. (5) Federal permits and approvals. SECTION 82 -125 4-05 SITE PLANS AND CONSTRUCTION DOCUMENTS 82 -125.1 105.1 Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this ordinance shall be drawn to scale and shall include, as applicable to the proposed development: (1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development. (2) Where base flood elevations, or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 82- 125.2(2) 105.2(2) or (3) of this ordinance. (3) Where the parcel on which the proposed development will take place will have more than 50 Tots or is larger than 5 acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 82- 125(1) 105.2(1) of this ordinance. (4) Location of the proposed activity and proposed structures, and locations of existing buildings and structures. (5) Location, extent, amount, and proposed final grades of any filling, grading, or excavation. (6) Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. (7) Existing and proposed alignment of any proposed alteration of a watercourse. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this ordinance but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this ordinance. 82- 125.2105.2 Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator shall: FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 9 82- 125.4105.4 Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. SECTION 82 -126 4-06 INSPECTIONS 82 -126.1 106.1 General. Development for which a floodplain development permit or approval is required shall be subject to inspection. 82- 126.1.1 106.1.1 Development other than buildings and structures. The Floodplain Administrator or Building Official shall inspect all development to determine compliance with the requirements of this ordinance and the conditions of issued floodplain development permits or approvals. 82- 126.1.2 106.1.2 Buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator or Building Official shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this ordinance and the conditions of issued floodplain development permits or approvals. 82- 126.1.2.1 106.1.2.1. Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator or Building Official: (1) If a design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or (2) If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 82- 125.2(3)(b) 105.2(3)(b) of this ordinance, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent. 82- 126.1.2.2106.1.2.2 Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of the final inspection, the owner or owner's authorized agent shall submit to the Floodplain Administrator or Building Official a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in Section 106.1.2.1 of this ordinance. 82- 126.1.3 106.1.3 Manufactured homes. The Floodplain AdministFateF Administrator or Building Official -shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this ordinance and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Floodplain Administrator or Building Official. FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 11 provisions of the Florida Building Code, this ordinance, and the following: (1) The danger that materials and debris may be swept onto other lands resulting in further injury or damage; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners; (4) The importance of the services provided by the proposed development to the community; (5) The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion; (6) The compatibility of the proposed development with existing and anticipated development; (7) The relationship of the proposed development to the comprehensive plan and floodplain management program for the area; (8) The safety of access to the property in times of flooding for ordinary and emergency vehicles; (9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (10) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges. 82- 127.7107.7 Conditions for issuance of variances. Variances shall be issued only upon: (1) Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this ordinance or the required elevation standards; (2) Determination by the {City of Okeechobee Board of Adjustment es} -that: (a) Failure to grant the variance would result in exceptional hardship due to the • physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship; (b) The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and (c) The variance is the minimum necessary, considering the flood hazard, to afford relief; (3) Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land; and (4) If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 13 ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA. Base flood. A flood having a 1- percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 1612.2.] The base flood is commonly referred to as the "100 -year flood" or the "1- percent - annual chance flood." Base flood elevation. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 1612.2.] Basement. The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 1612.2.] Design flood. The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section 1612.2.] (1) Area with a floodplain subject to a 1- percent or greater chance of flooding in any year; or (2) Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Design flood elevation. The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 1612.2.] Development. Any man -made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities. Encroachment. The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. Existing building and existing structure. Any buildings and structures for which the "start of construction" commenced before {the November 19,1998 Land Deveopment Regulations for the City of Okeechobee = . - • . _ • • was- adapted}. [Also defined in FBC, B, Section 1612.2.] Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before { the November 19,1998 Land Deveopment Regulations for the City of Okeechobee datethe FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 15 elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. Florida Building Code. The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas. Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long -term storage or related manufacturing facilities. Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. Historic structure. Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings. Letter of Map Change (LOMC). An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. Letter of Map Revision Based on Fill (LOMR -F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations. Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as -built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. Light -duty truck. As defined in 40 C.F.R. 86.082 -2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is: (1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or (2) Designed primarily for transportation of persons and has a capacity of more than 12 persons; or FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 17 (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1-A30, AE, A99, AH, V1 -V30, VE or V. [Also defined in FBC, B Section 1612.2.] Start of construction. The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Also defined in FBC, B Section 1612.2.] Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before - damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. [Also defined in FBC, B Section 1612.2.] Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in FBC, B, Section 1612.2.] (1) Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. (2) Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure. [See Instructions and Notes] Variance. A grant of relief from the requirements of this ordinance, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this ordinance or the Florida Building Code. Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically. DIVISION 3. ARTICLE 1I1 FLOOD RESISTANT DEVELOPMENT SECTION 82 -321 384 BUILDINGS AND STRUCTURES 1 82 -321.1 304 -.4- Design and construction of buildings, structures and facilities exempt FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 19 minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems. 82 -323.3 303.3 -Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62- 532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. 82 -323.4 303.4- Limitations on sites in regulatory floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 82- 125.3105•.3(1) of this ordinance demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. 82- 323.5 303.5- Limitations on placement of fill. Subject to the limitations of this ordinance, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood - related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the Florida Building Code. SECTION 82- 324 304 MANUFACTURED HOMES 82 -324.1 304x- General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the requirements of Chapter 15C -1, F.A.C. and the requirements of this ordinance. 82 -324.2 304- Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that are designed in accordance with the foundation requirements of the Florida Building Code Residential Section R322.2 and this ordinance. 82 -324.3 304 Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over - the -top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. 82 -324.4 304:4-Elevation. Manufactured homes that are placed, replaced, or substantially improved shall comply with Section 82- 324.4.1 301.1.1 or 82- 324.4.2 301.1.2 of this ordinance, as applicable. 82- 324.4.1 304.4.1 General elevation requirement. Unless subject to the requirements of Section 82- 324.4.2 301.1.2 of this ordinance, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A). FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 21 82 -326.3 3063- Above- ground tanks, elevated. Above - ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank - supporting structures shall meet the foundation requirements of the applicable flood hazard area. 82 -326.4 306.4 -Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: (1) At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and (2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic Toads, including the effects of buoyancy, during conditions of the design flood. SECTION 82 -327 397 OTHER DEVELOPMENT 82 -327.1 304- General requirements for other development. All development, including man -made changes to improved or unimproved real estate for which specific provisions are not specified in this ordinance or the Florida Building Code, shall: (1) Be located and constructed to minimize flood damage; (2) Meet the limitations of Section 82 -323.4 303.4 of this ordinance if located in a regulated floodway; (3) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; (4) Be constructed of flood damage- resistant materials; and (5) Have mechanical, plumbing, and electrical systems above the design flood elevation, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations. 82 -327.2 307,2- Fences in regulated floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 82 -323.4 303:4 of this ordinance. 82 -327.3 397.3- Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Section 82 -323.4 383.4 of this ordinance. 82 -327.4 307,4 -Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings, including roads, bridges, culverts, low -water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of Section 82- 323.4 303.4 of this ordinance. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 82- 125.3(3) 105.3(3) of this ordinance. FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 23 It is the intent of the City of Okeechobee City Council - - • - : - - - . - - . that the provisions of this ordinance shall become and be made a part of the City of Okeechobee {name ef-ce Code of Ordinances, and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," "regulation," or such other appropriate word or phrase in order to accomplish such intentions. SECTION 6. 7, SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared. SECTION 7. t-: EFFECTIVE DATE. This ordinance shall take effect on immediately upon adoption. (insert dater Introduced for first reading and set for final public hearing on this day of June, 2015. PASSED on first reading {insert date). PASSED and ADOPTED in regular session, after Second and Final Public Hearing this day of June, 2015. City of Okeechobee, Florida body} Ma or {Chief Elected Officerl ATTEST: 1 City Clerk {Manager/CleFIG APPROVED AS TO FORM: 1 City Attorney {Attu FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 25 City of Okeechobee General Services DA 55 S.E. 3rd Avenue I Exhibit 4 Okeechobee, Florid Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: °R key 115 Petition No. J5_0O1_8 Fee Paid: •//i Jurisdiction: pe k cc_ —� ( na 1 Hearing: .3 ltA 2 Hearing: 5- -15 1 5-1•ch -15 Publication Dates: 3/9q ep 1g '1,,,,v (),/ .71( Notices Mailed: 1,-1-17.J5. Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): Se111or5 11 R" Rble1 hie — 2 Owner mailing address: Po BoX 71' D Keecino bee, /=L 31-01 3 3 Name of applicant(s) if other than owner 4 Applicant mailing address: 55' SE and fkveou.&. DKeechabet, FL 34-q7 4a e-mail address: J LvV Ca. Crary buchc flan , tom 5 Name of contact person (state relationship): Tenn, ref, LeV+1lta.rnso' 6 7 Contact person daytime phone(s): -1-1a --- ata00 fa„: i721- aa3- 4310a PROPERTY INFORMATION Property address /directions to property: I1w y 4-4 ► /L1 8 Describe current use of property: Proposed paratii 10+ For ,urst rlq tforne, ct lr 9 Describe improvements on property (number /type buildings, dwelling units , occupied qr vacant, etc. CU,rre,n-1-1 y y &ean+ p ro pe Thj - p ro pos i n 9 eo nm-rueb Dirt of- p aa_t nq I o-f' and e4 pa)161 Or) ° 4 en -ra_n et `�v� -- �J � rsi rl� �orr><, anti e {vie- rr�rl e y enf-r�.rxe. `fo,r ho�pitai• Source of potable water: Method of sewage disposal: 10 Approx. acreage: t. (nag Is property in a platted subdivision? Nio 1 1 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: Ij o n korI cm,y t a Luse, LLB aL Q ttr ILt r 1 o 4--es n o -t-- a. Kiwi r. l-l-e d or S 1IR eAct-i P1—rdri Ltd 1.11 e PO 1 o4in9 • ar kin j area_ is I,Ln1m to rvv2cl c t s LA ae. 11. 12 Is a pending sale of the property subject to this application being granted? IQ 13 Describe uses on adjoining property to the North: North: you -nf y - i-I os p l-i-co East: 1it,p.isCo j f-6W- South: Va.cc.�n± pa n-L1S West: aou ii-y- Sarj i e 4 &kir 14 Existing zoning: 0_,p0 Future Land Use classification C 15 Have there been any prior;ezoning, property? ( ) No ( ✓) Yes. If special exception, variance, or site plan approvals on the yes provide date, petition number and nature of approval. Cu-ii Li.mtk ig83 ( OrctinarICe. 4 d1.n) 6 orn rrvx&ta i — C—ru pro p e A l anY1cved_tr') - o 16 Request is for: (") Rezone (_) Special Exception ( ) Variance 17 Parcel Identification Number: a -C - 3-1 -35 - 0100 -- 00010 - PcDUO (Rev 01/12) Page 1 of 11 t/ 1/ 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. Signat Printed Date -/-9-/s- For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 01/12) Page 2 of 11 KCI.ZUIKCU H I 1 H1;111VICIV 1 J 18 Applicants statement of interest in property: To rnot.i5e use ecoftyrn i n q 19 Non - refundable application fee: Rezoning: $850 plus $30 /acre; Special Exception: $500 plus $30 /acre; Variance: $500 NA 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: 21 Notarized letter of consent from property owner (if applicant is different from property owner) 22 Three property surveys (one no larger than 11 x 170 containing: a. certified boundary survey, date of survey, surveyor-s name, address and phone number b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraisers 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. Signat Printed Date -/-9-/s- For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 01/12) Page 2 of 11 A aA.JV JVJll l., 1\ 111111 N.A. " V11111C111V1\ 1SAJNZ V■1�iJL A' Vi\ rl t CJ.UV 1 1 111 kJ , Current zoning classification: a Pb Requested zoning classification C 14 V B Describe the desired permitted use and intended nature of activities and development of the property? parking Lot- -For nte.rsi nq hot-0c --cuta C Is a Special Exception necessary for your intended use? (✓) No ( ) Yes If yes, briefly describe: • D Is 'a Variance necessary for your intended use? ( ✓) No ( ) Yes If yes, briefly describe: E Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips and level of service on all adjacent roadway links with and without the project. F Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below. Attach additional sheets as necessary. 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: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. Nc0 Lanth se i s Qom r trei_c -1 5 0 r-f is no+ !ton �-ra rt l-o _ fir• p Plan f tq u- ne-mQ -fl ' 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. yea go -a> a C ia.' ornrnexeta.l par Kinq pray. bk.S - t'ermtncU J ►� 10+) 4 -o -% i s 3. The proposed use will not have an adverse effect on the public interest. • 14o w►'1(no+ have an otd ve r se, � e- onV�'u P�,bl to l n {-ergs% --Pa,Ac.knq has e n (s pro erfY -Fir e nuXStinq h(3111(--- `CaeA -t r+�r 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. d�ri }�� yes aPpro prza (�.nc� corn pa,t-( tile-) not Con-f-ra.v� -I-a tAf ban ix- )a,nd u-se pot 2C.rns . 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. IN III no-j- a4 ve rse lij c. t ! f proper-RI wit/1_5 r I W /nq colricLL hons tor be a. (JO -ex r en f (Rev01 /12) Page6ofll 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 Id() ehclts ,n pHYsicaui useAre. infended• Sho ct h ve Gkmp to bu 1j 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services IN 1 t I no+ af eak c - alms i "1 pcth ern La) v--id b vcr b>.-rr .rt p f,t. of to c L I t-f%1 es 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. ©I I nOi- Cre&f-e 4-ra i k. Cv ��n �-loodrn� Dr cLrcx ina� problems �� se� a�- p'.tbltc sa 9. The proposed use has not been inordinately burdened by unnecessary restrictions. loo GCL .re_ a f ant- S pe_ f l .bu rde n5 - 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 01/12) Page 7of11 1..11J' ul VACUUM/UGC 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863 - 763 -3372 Fax: 863- 763 -1686 LAND USE POWER OF ATTORNEY trot' l Name of Property Owner(s): 14i) /A c`c. ‘' e 'r ,4i6h 1";;C, � Mailing Address: a ,1 h1 /7 _?'-(972 Home Telephone: Work: S-62_3S9_ ,2zyY2 Cell: Property Address: Parcel ID Number: d a- d %_ 3'2- 3.5- o4o -. d (o%D -•„ft50 Name of --S-----i0rWe." L. /410 21CI Home Telephone: Work: 9 7,7 ' �o 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 may 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 HAND AND SEAL S J2V. It DAY OF 20IS / iL)/a4tLj, %I / r �/V - / O N.ERF 4. ✓ F`' &&,j WITNESS Or ` OWNER WITNESS Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above and that they executed the power of attorney for the purpose stated therein. Sworn and subscribed this Ig day of rC1arualt� 2015- Notary Public: i SEAL ;rr:,, Dian L ZII u Commission Expires: Nov 020/6 ' \ My Noon Mabee -S of Modes / My Comm. Expires Nov 6, 2018 (Rev 01/12) 0111MiI011 Borate TArm. NMalyl Older/ Ass& Page 5 of 11 Lu ] V a N H N CITY NAME ADDRESS 2 ) W z - w W Z 0 re 0 W m Z J W 0 NNW V00)OO V WW WW O h h 00 0 t0 N N h N N N N M O M O O) MO to O n tb 0 0) 00 00 00 0 0 0 00 0 V V V TLQONN V NNNNMOMO C) M C) NO V M ( ) C) M M 00 C+) C) f+) tM M M N MO W M M M M Z Li_ U. LL 1- LL LL. LI. LiJL U. LJI. Li_ Li_ Li_ LL < W LL W W V W W W CO CO CO O OJ -I000000000 MME--1=200=0000Z 2 w wwHw w HI—HI- ww�cnwwgg w�gg - -J tx YYOQYYLYIYYCCtr W CL< << 000_Z000000000(Ymm PO BOX 1504 Q M W O H N W W to 2 N W O J I- Z m 0 W } Z ▪ - Z 0 0I- 0 Q V J Z V < .:1- O =n0 W W M )) W x Z S O W 0 0 S Q M tL) Z (0 m M M co • M QV ,- �� A• L1 r 12138 DIEDRA CT 0 cc 0 w 0 00 M N 12138 DIEDRA COURT 2 O 0 O (1) z< OOW 0 w 1- co w w I-U Fe W W 0- ac?JJQ (n w2 coslw-IW-1 - FE, 'H'- D- o n c 01-00 QctZ1 -2VceW W ce F"»WOaHZI -W1- WIO00 Q ~ ~0W W DOLLJLL =a <-<"0 QO LL })lLL±>_-L - W cnW xQ Q4 OwOO W 2 W N NC ill 'V'V ¢IL LL CO LLLL O iiOJ2c022c( W W LL LL VZ - OZ00 0 YZZLLZZZZ-5Wow(nLQQO000QW - - HW W WZ W W W Z(o(DY(odl(o(OQ QQ YDJYLL W»2O»DI- ".1-1- 0 (o 0 J (A 2 2 -) 2 2 2 2 (o 0 co co 000000000000o %- 0 r- 0 - 0 0 0 0 0 0 0' r 0) N 99977 O 1-9999999 O O O � _O 0 0 0 0 0 0 0 0 N-r- 00000000000 0 0 0 0 0 0 0 0 0 0 0 0 O °9999990°99 0 0 N N(0)OO00000 000 0 o o O Q Q Q 0 0 0 0 0 0 0 0 0 0 0 9999°99°°°999 O 99° (0(0(0(0(0(0(0(0(0(0(0(0(0(0(0(0(0 M M M M M M 0) 0) 0) 0) 0) 0) 0) M M M M n r h N- F- n N- n N- N- N- N F- M co co co 0) co co co co co 0) M M M M M M 0) O) O) O) O) O) to to to to to to to to to 6 to °▪ 99999 .- ( J N M M M M (h M 0) M M () M 0- 00030 -0010 0- 00030 -0040 0- 00030 -0070 0- 00030 -007A h m OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE W.C. BILL' SHERMAN, PROPERTY APPRAISER 1 GIS/ MAPPING DEPARTMENT 100 FT SURROUNDING LAND OWNERS — tf:7 1P4' rft% MO NM 4frr 17.11i 7014,?4*.fil ertirilf OKEECHOBEE HOSPITAL INC Prf SENIORS "R" ABLE, INC Ise 4,„ e. • Alt et" k 416P 11'.17 seere'e • • ...4e,,f."• , HUSAIN SURAIYA TRUSTEE JMK OF OKEECHOBEE INC 21116441100,5ININIPSSIL _ 's f 14* 4;, , , Russ Duncan CFE, Agriculture Appraiser/ GIS Mapper Date: 2/10/2015 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 0 1114 2VJlHHIH 'SW — 91# 010?I a L KLS — —1 spa 1 A.. .11/.03 a W A. N N W N O� s i #. ;Pi v °L 6 $, Nra" i I/11 . Cyyq _ �S ;i; 1 1 /- �'. .■ 11. / / iY /-/ 11 °�Ffi ate 1 X1,(4, 1 I 1 r \ 't• fiPs k r 4— 1- N O 00 0 L To STEVEN L 00896 ENONEEMNO. LLC. DOCUMENT, TOGETHER VON 1HEgJ1A'IDT6 AND LEMONS PRESENTED HEREIN. ABAININSTRUMENT Okeechobee Healthcare 2015 Exp. Seniors "R" Able. Inc. OKEECHOBEE, FLORIDA OF9EINIGE. 181NIETlDEDMU( FOR VERIFICATION THE MEMO PURPOSE AND CLEW FOR NHMY1 R WAS PREPARED. DATE Steven L. Dobbs Engineering, LLC oa 1062 JAKES WAY Okeechobee, (863) 8214 7644 FLORIDA CERTRICATE OF AUARRIZATNM No. 00029206 THIS Ss IN, 9, POI '■ O oI plg MP N DESIGNED ST: SLD ° �r�' SOLID BAR IS EQUAL TO ONE INCH ON ORIGINAL DRAWING, ADJUST ALL SCALED DIMENSIONS ACCORDINGLY CHEcKEDSY: sLo PROJECT No.: 2014042 EXISTING CONDITIONS AND DEMOLITION PLAN SCALE: VERT. VERT.sCALE: CAODFlLE. Fitted DM.: REVISIONS 1 2F.' ID 2 > N Z 1144 I A1HOIH 'S'I1 — 91# QV0?I 3LLV,LS ns ig n n E EE A7110 3130WO7 7100.7N07 1.0_3$ fll _ — N.7JOXdd✓ 313M7An9 10' DE TELEPHONE EASEMENT ORB 205, PC. 627 1 (d),sC (d),sf v 0 0 0 ,OZ=„ l :31b'OS „-' \ Y in �� 2�aCM1 /- /, / / 1 II \ -+ / I I I TH49 DOGIMENT, TOOETHEt WITH THE CONCEPTS AND DESIGNS PRESENTEDHEION. AS r (Q)DOr14 1 1 0 0 r (41f) AVVM LAIUa s INSTRUMENT OF SERVICE. 0 INIENOED ONLY FO THE SPE0FlL PURPOSE AND CUBIT FOR WHCH 04*.S PREPARED RUSE CF AND IMPROPER RELANCECN THIS DOCUMENTMATHOUT MITTEN AUTHDRWT01 AND AOCPICN ST STEVEN L DOSS, P. E, SHALL BENITHOUT LABILITY TO STEVEN L DOBBS ENGINEERING, LLC. Okeechobee Healthcare 2015 Exp. Senolrs "R" Able, Inc. OKEECHOBEE, FLORIDA HORIZONTAL CONTROL PLAN SCALE VERIFICATION 0 111111111•1111111011 60140 BAR 16 EQUAL TO ONE INCH ON ORIGINAL DRAWING, ADJUST ALL SCALED DIMENSIONS ACCORDINGLY PNm8 OMa: REVISIONS DATE: DRAWN BY: CMS DESIGNED SY: SLD CHECKED BY: SLD PROJECT No.: 2014-012 HORZ. SCALE: VERT. SCALE: CARD FILE: Steven L. Dobbs Engineering, LLC 1062 JAKES WAY Okeechobee, Fi34974 Phone: (863) 824 -7644 FLORIDA CERTIFICATE OF AUTHORIZATION No. 00029206 PARKING AGREEMENT 1111111111111111111111111111111111111111 FILE NUM 20:1 5002576 OR B4( 757 P6 12$4 SHARON ROBERTSON, CLERK- OF CIRCUIT COURT OKEECHOBEE COUNTY? FLORIDA RECORDED 03/17/2015 08 :56:40 An RECORDING FEES $61.00 RECORDED BY G Mewbourn Pss 1284 - 1290; (7 n s) THIS PARKING AGREEMENT ( "Agreement ") is made this /Q day of March, 2015 by and between Seniors "R" Able, Inc., a Florida Corporation, whose address is P.O. Box 759, Okeechobee, FL 34973, (hereinafter referred to as "SRA "), Lifestyles & Healthcare, Ltd., a Florida limited partnership, whose address is P.O. Box 759, Okeechobee, FL 34973 (hereinafter referred to as "Ltd ") and OHCF Properties, LLC, a Florida limited liability company, whose address is P.O. Box 759, Okeechobee, FL 34973 (hereinafter referred to as "LLC"). WITNESSETH: WHEREAS, Ltd owns real property located at 1646 Hwy 441 N., Okeechobee, FL 34972, legally described in Exhibit A attached hereto and incorporated herein (hereinafter referred to as the "Nursing Home "), which is due east and adjacent to real property owned by SRA, legally described in Exhibit B attached hereto and incorporated herein (hereinafter referred to as the "Parking Lot "); and WHEREAS, the Parking Lot is used by the Nursing Home for employee and visitor parking; and WHEREAS, LLC owns real property due east and north of and adjacent to the Nursing Home, Legally described in Exhibit C attached hereto and incorporated herein (hereinafter referred to as the "East Parcel" and "North Parcel" respectively); and WHEREAS, SRA is in the process of rezoning the Parking Lot from CPO to CHV to allow construction of a formal parking lot on the property; and WHEREAS, LLC is in the process of petitioning to annex the East and North Parcels into the City of Okeechobee, Florida (hereinafter the "City ") to allow for expansion of the Nursing Home operations; and WHEREAS, the parties have determined it is in their best interest to have an agreement of record regarding the designated parking for all parcels noted above. NOW, THEREFORE, in consideration of the sum of TEN ($10.00) DOLLARS and other good and valuable consideration, including the mutual promises and covenants made herein, the parties hereto do agree as follows: 1. RECITATIONS: The above recitations are true and correct and are incorporated herein by reference. 2. PARKING RESERVATION: SRA hereby covenants and agrees that the Parking Lot shall be permanently reserved for the parking needs of Ltd and LLC as related to the Nursing Home, the East Parcel and the North Parcel. This shall constitute a covenant running with the land of the Packing Lot. 3. SEVERABILITY. If any provision of this Agreement shall be determined to be invalid or unenforceable for any reason, the remaining provisions of this Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by law and in accordance with other provisions of this Agreement. 1 4. SUCCESSORS AND ASSIGNS. All references in this Agreement to the parties shall be deemed to also refer to their respective successors and assigns, as the circumstances require. IN WITNESS WHEREOF the parties have executed this Agreement the day and year first set forth hereinabove. Witnesses: Pri�Na 11(7 ,a) 46 t t / rint Name iI i'4'.1 2 SRA: Seniors "R" Able, Inc. 71)/(.51 By: Pye A. Haverlock Its: President Ltd: Lifestyles & Healthcare, Ltd. By: Seniors "R" Able, Inc. Its" General Partner By: Fa a A. Haverlock Its: President LLC: OHCF Properties, LLC (/ r/.//1A'4r.1 By: Fa e A. Haverlock Its: Manager STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this J' r —day of March, 2015 by Faye A. Haverlock, as President of Seniors "R" Able Inc., on behalf of the corporation. She is personally known to me. STATE OF FLORIDA COUNTY OF OKEECHOBEE NOTARY P' : LIC - STATE OF FLORIDA 4 .0'''' HOLLY M. EVERETT 4 =:� % Notary Nate - Stele of Florida, �� += My Comm.. Expires Apr 7. 2017 t e Bonded through National Notary Aetu.F The foregoing instrument was acknowledged before me this /4 day of March, 2015 by Faye A. Haverlock, as President of Seniors "R" Able, Inc., as General Partner of Lifestyles & Healthcare, Ltd., on behalf of the limited partnershi• he is personally known to me. STATE'' OF FLORIDA COUNTY OF OKEECHOBEE NOTARY P0 r✓� LIC — STATE OF FLORIDA 40144.,„ HOLLY M. EVERETT • '_ MytC mm. Expires sApr 7. 2017 Commission # EE 073524 *s Bonded Thro h tonal Notary Man. The foregoing instrument was acknowledged before me this /4 — day of March, 2015 by Fay A. Haverlock, as Manager of OHCF Propert* s, LL , on behalf of the limited liability compai1 y. She is personally known to me. NOTARY PUBLIC — STATE OF FLORIDA `:►"'°�'� HOLLY M. 41i¢�s EVERETT Notary public • Slate of Florida My Comm. Expires Apr 7, 2017 EE "' �"•r•'' BondCommission ed Through Nation* al Notary A873524 asn. 3 Exhibit A PARCEL 1: A PARCEL OF LAND LYING IN SECTION 9 AND 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID SECTION 9, BEAR S 89° 52' 43" W ALONG THE SOUTH LINE OF SAID SECTION 9, A DISTANCE OF 132.00 FEET; THENCE BEAR N 00° 00' 07" W, A DISTANCE OF 325.39 FEET; THENCE BEAR N 89° 59' 53" E, TO THE INTERSECTION WITH AFORESAID EAST LINE OF SECTION 9, A DISTANCE OF 132.01 FEET; THENCE CONTINUE N 89° 59' 53" E, A DISTANCE OF 448.33 FEET; THENCE BEAR S 00° 00' 07" E TO THE INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 10, A DISTANCE OF 321.60 FEET; THENCE BEAR S 89° 32' 54" W ALONG SAID SOUTH LINE OF SECTION 10, A DISTANCE OF 448.36 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 10, ALSO BEING THE SOUTHEAST CORNER OF SAID SECTION 9 AND THE POINT OF BEGINNING. PARCEL 2: TOGETHER WITH ALL EASEMENT RIGHTS AND RIGHT OF WAY ARISING OUT OF THE RECIPROCAL EASEMENT AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 258, PAGE 756, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PARCEL 3: TOGETHER WITH AN EASEMENT OVER THE FOLLOWING DESCRIBED PARCEL, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THAT CERTAIN SPECIAL WARRANTY DEED AND RESERVATION OF EASEMENT BETWEEN LIFESTYLES & HEALTHCARE, LTD. AND SENIORS "R" ABLE, INC. DATED APRIL 15,1997, AND RECORDED AT OFFICIAL RECORDS BOOK 390, PAGE 467, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 9, THENCE S 89DEG 52' 43" W ALONG THE SOUTH BOUNDARY LINE OF SECTION 9, A DISTANCE OF 132.00 FEET; THENCE N 00° 00' 07" W, A DISTANCE OF 117.98 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N 00° 00' 07" W, A DISTANCE OF 207.41 FEET; THENCE S 89° 59' 53" W, A DISTANCE OF 219.66 FEET TO A POINT ON THE EAST LINE OF THE U.S. HIGHWAY #441 - S.R. #15 RIGHT -OF -WAY (R/W)(100 FEET WIDE); THENCE S 00° 00' 07" E ALONG SAID EAST R/W LINE, A DISTANCE OF 45.00 FEET; THENCE N 89° 59' 53" E, A DISTANCE OF 27.40 FEET; THENCE N 83° 52' 57" E, A DISTANCE OF 140.80 FEET; THENCE N 89° 59' 53" E, A DISTANCE OF 1.70 FEET; THENCE S 00° 27' 37" WALONG A LINE THAT MEASURES PARALLEL WITH AND APPROXIMATELY 0.50 FEET WEST OF THE NORTHERLY EXTENSION OF AND THE EXISTING EDGE OF AN ASPHALT PARKING AREA, A DISTANCE OF 51.97 FEET; THENCE S 22° 06' 59" E, CONTINUING ALONG SAID LINE THAT MEASURE PARALLEL WITH AND APPROXIMATELY 0.50 FEET WEST OF THE EXISTING EDGE OF AN ASPHALT PARKING AREA, A DISTANCE OF 135.40 FEET TO THE POINT OF BEGINNING. 4 Exhibit B A PARCEL OF LAND LYING IN SECTIONS 9 AND 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 9, TOWNSHIP 37 SOUTH, RANGE 35 EAST, AND BEAR NORTH ALONG THE EAST LINE OF SAID SECTION 9 A DISTANCE OF 325.12 FEET TO THE SOUTH BOUNDARY OF THAT PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 207, PAGE 177, PUBLIC RECORDS OF OKEECHOBEE, COUNTY, FLORIDA, THENCE BEAR S 89°59'53" W ALONG THE SOUTH BOUNDARY OF SAID PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 207, PAGE 177, A DISTANCE OF 351.67 ! FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF S.R. 15 (PARROTT AVENUE); THENCE BEAR S 00 °00'07" E ALONG RIGHT OF WAY LINE A DISTANCE OF 236.12 !FEET; THENCE BEAR N 89 °59'52" E A DISTANCE OF 1.00 FOOT; THENCE BEAR S 00 °00'07" E A DISTANCE OF 65.00 FEET; THENCE BEAR N 89 °59'53" E A DISTANCE OF 20.00 FEET; THENCE BEAR S 00 °00'07" E A DISTANCE OF 24.69 FEET TO A POINT ON THE SOUTI- LINE OF SAID SECTION 9; THENCE BEAR N 89 °52'43" E ALONG THE SOUTH LINE OF SAD SECTION 9 A DISTANCE OF 331.66 FEET, MORE OR LESS TO THE POINT OF BEGINNING. ALSO: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, AND BEAR NORTH ALONG THE WEST LINE OF SAID SECTION 10, A DISTANCE OF 325.12 FEET TO A POINT ON THE SOUTH BOUNDARY OF THAT PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 207, PAGE 170; THENCE BEAR N 89 °59'53" E ALONG THE SOUTH BOUNDARY OF SAID PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 207, PAGE 178, A DISTANCE OF 448.33 FEET TO A POINT; THENCE BEAR S 00 °00'07" E ALONG THE EXTENSION OF THE EAST BOUNDARY OF SAID PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 207, PAGE 170, A DISTANCE OF 321.60 FEET TO A POINT ON THE SOUTH LINE OF SECTION 10; THENCE BEAR S 89 °32'54" W A DISTANCE OF 440.36 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THEREFROM THE FOLLOWING: A PARCEL OF LAND LYING IN SECTIONS 9 AND 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID SECTION 9, BEAR SOUTH 89 °52'43" WEST ALONG THE SOUTH LINE OF SAID SECTION 9, A DISTANCE OF 132.00 FEET; THENCE BEAR NORTH 00 1'00'07" WEST A DISTANCE OF 325.39 FEET; THENCE BEAR NORTH 89 °59'53" EAST TO THE INTERSECTION WITH AFORESAID EAST LINE OF SECTION 9, A DISTANCE OF 132.01 FEET; THENCE CONTINUE NORTH 89 °59'53" EAST, A DISTANCE OF 448.33 FEET; THENCE BEAR SOUTH 00 °00'07" EAST TO THE INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 10, A DISTANCE OF 321.60 FEET; THENCE BEAR SOUTH 89 °32'54" WEST ALONG SAID SOUTH LINE OF SECTION 10, A DISTANCE OF 448.36 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 10, ALSO BEING THE SOUTHEAST CORNER OF SAID SECTION 9 AND THE POINT OF BEGINNING. 5 Exhibit C EAST PARCEL: 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 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 269.01 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 1.250 ACRES. NORTH PARCEL: 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, 6 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 2.960 ACRES. 7 NNW Staff Report Rezoning Prepared for: The City of Okeechobee Applicant: Seniors "R" Able, Inc. Petition No.: 15 -001 -R Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 239.33i -3366 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Seniors `R" Able, Inc. Petition No. 15 -001 -R General Information Owner Seniors' Owner Address plicant Applicant Address P.O. Box 759 Okeechobee,_FL 34973` 55 SE 3rd Avenue Okeechobee, FL 34974 Contact Person Contact Number ennifer Williamson .2- 3.4362; Future Land Use, Zoning, and Existing Land Use Characteristics °Map Classificati Zoning District CPO CHV cant, but used for informal Park ng lot fora rking' Land Area 1.628 acres Legal Description of Subject Property UNPLATTED LANDS OF THE CITY OF OKEECHOBEE, COMMENCING AT SOUTHEAST CORNER OF SECTION 9, BEAR NORTH ON EAST LINE OF SECTION 9 A DISTANCE OF 324.12 FEET TO SOUTH BOUNDARY OF LAND. Parcel ID: 2- 09- 37- 35 -0A00- 00010 -A000 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Seniors `R" Able, Inc. Petition No. 15 -001 -R Request The matter before the Local Planning Agency and City Council is a request to apply CHV zoning to the 1.628 acre parcel immediately to the west of the existing nursing home. This property is intended to accommodate a new parking lot for the nursing home. The subject parcel has already undergone Site Plan Review and the site plan was approved by the TRC with minor modifications. The current and proposed zoning, use, and acreage of the property are shown in the table on page 1. Adjacent FLUM Classifications, Zoning Districts, and Existing Land Use East Glassifcatio. n n ,t7clstlfg Future Land Use Map Classification Zoning District isnc Existing Land Use ture Land Use zW assificatio coninga xistingiLand U Future Land Use Map Classification West Zoning District Existing Land Use *Commercial Corridor Mixed Use Rau Ierson ospit; Commercial CHV Okeechobee Healthcare Facility (Nursing home) Commercia� CCMU* (County FLUM) Commercial (County Zoning) Sunshine State Surgical Center Analysis Section 70 -340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. 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 are in this Arial bold typeface following the Applicant's statements. Serving Flerida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Seniors "R" Able, Inc. Petition No. 15 -001 -R 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "Land use is Commercial so it is not contrary to the Comp Plan requirements..." The Future Land Use designation on the property is Commercial and the proposed CHV zoning is consistent with this designation 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. "Yes, 90- 282(12) Commercial parking garage or lot, taxi stand, bus terminal." We agree. Sec. 90- 282(12) specifically allows for a commercial parking lot as a permitted use in the CHV Zoning District. 3. The proposed use will not have an adverse effect on the public interest. "No, will not have an adverse effect on the public interest. Parking has existed on this property for the nursing home facility for years." We agree. The proposed parking lot will formalize and improve upon the informal parking that has occurring on the subject property 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. "Yes, appropriate and compatible, not contrary or detrimental to urbanizing land use patterns." We agree. The proposed parking lot is directly associated with the existing nursing home. Vehicular access will be achieved in the same manner using the same private driveway that has been historically serving the property. A formal parking area meeting all LDR requirements and occupying the same property that has been informally used for years will be more compatible with adjacent land uses than the existing situation. The improvements proposed for the property will continue the current urbanizing land use pattern. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Seniors `R" Able, Inc. Petition No. 15 -001 -R 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. "Will not adversely affect property values or living conditions or be a deterrent." We agree. The replacement of the existing informal parking area with a paved area meeting all City standards will improve upon the current situation. This will certainly not adversely affect property values or living conditions. The development potential of adjacent vacant properties, which are also zoned CHV, will likely be enhanced as opposed to being adversely affected. 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 "No changes in the physical use are intended. Should have ample buffering." We agree. The City Limits Ditch provides a spatial buffer to the south. Moreover, properties to the south are zoned CHV and there is little need to buffer such lands from another CHV property being used only as a parking lot. Similarly, there is no need for buffering to protect the property to the north, which is a parking lot for Raulerson hospital. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "Will not create a density pattern that would overburden public facilities. We agree. The new parking lot has no effect upon density and will not increase the need for additional or expanded public facilities or services. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "Will not create traffic congestion, flooding or drainage problems or otherwise affect public safety." We agree. A new parking lot for an existing nursing home, will affect neither density nor schools. Replacing an existing informal parking lot with a paved parking lot will improve public safety. Drainage will meet all SFWMD and City standards, which should represent an improvement over the current situation. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Seniors "R" Able, Inc. Petition No. 15 -001 -R 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "Not aware of any special burdens." We are unaware of any significant regulatory burdens or unnecessary restrictions that have been placed on the subject property. Recommendation Based on the foregoing analysis, we recommend approval of the requested rezoning from CPO to CHV. Submitted by: ia.35.24.pf-- Wm. F. Brisson, AICP Planning Consultant April 8, 2015 Planning Board Hearing: April 16, 2015 City Council, 1st 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 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Seniors "R" Able, Inc. Petition No. 15 -001 -R FUTURE LAND USE SUBJECT SITE AND ENVIRONS OHCF Properties, LLC City of Okeechobee Future Land use Amendment Surrounding Property Owners FLU exhibit Agricultural & URMU Staff Report Rezoning Applicant's Name: Seniors "R" Able, Inc. Petition No. 15 -001 -R ZONING SUBJECT SITE AND ENVIRONS ONCF Properties, LLC City of Okeechobee Future Land use Amendment Surrounding Property Owners Zoning exhibit Serving Florida Loral Governments Since 1988 Staff Report Rezoning Applicant's Name: Seniors "R" Able, Inc. Petition No. 15 -001 -R EXISTING LAND USE SUBJECT SITE AND ENVIRONS OHCF Properties, LIC 1 City of Okeechobee Future Land UV' Amendment Surrounding Property Owners land Use txnibit 8 +' City of Okeechc General ServicE 55 S.E. 3`d Aven LXhIbut Okeechobee, Flk,..,.,.., -..,. -. ",— Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: 313115 Petition No. 15_ o - I Fee Paid: oo Q7Lc. 30ta Jurisdiction: �g e' CG 1St Hearing: y069115 2nd Hearing: 5/5 f 5119115 Publication Dates: 3 /aq £ LI/g r 5/g Notices Mailed: 4/1/15 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 of contact person (state relationship): Attorney 6 7 Contact Property 1650 Hwy. person daytime phone(s): 772 - 287 -2600 Fax: 772 - 223 -4362 PROPERTY INFORMATION address /directions to property: 441 North, Okeechobee, FL 34972 / NE 19th Drive, Okeechobee, FL 34972 8 Describe current use of property: Undeveloped / Undeveloped 9 Describes improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. Vacant / Vacant ,,; \ v ‘>\`: ' Source of potable water: Method of sewage disposal: 10 Approx. creage: Q25 / 2.96 Is property in a platted subdivision? No / No 11 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 i West: Nursing Home / Hospital (County) 14 Existing zoning: NC2 / AG Future Land Use classification: C / AG U RrnU 15 Have there property? Parcel B:,8-12-04 been any prior rezoning, ( )No (-1 )Yes. If special exception, variance, or site plan approvals on the yes provide date, petition number and nature of approval. -152; AG to NC2 (County) Ordinance #2004 -R 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. 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 09/14) Page 2of11 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 surveys (one no larger than 11x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description of property pertaining to the application G. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 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. 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 09/14) Page 2of11 A ADDITIONAL JNF,ORMATION REQUIRED FOR A REZONING Current zoning classification: NC2 / Afb` 0.}t . f , �rC Requested zoning classification CHV / CHV B Describe the desired permitted use and intended nature of activities and development of the property? As to both parcels: future expansion of Nursing Home and ALF. C Is a Special Exception necessary for your intended use? ( ) No (V) Yes If yes, briefly describe: Nursing 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? (Y) No ( ) Yes If yes, briefly describe: E Attach a Ttaffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of het new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips and level of service On all adjacent roadway links with and without the project. N/A F Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below. Attach 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: OICF 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. Lt R m U - wrbQn &s,c12,r1h ai m t xed aS-er 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 Rn1U — t-iA0a -0 Pig nha-( rni x cLt M-- 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, it 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 CeII: (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 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. 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, Florida 34995 -0024 11111111111111111111111111111111111111111 FILE NUM 201100 OR B K 00697 P G SHARON ROBERTSON, CLERK OF CI OKEECHOBEE COUNTY, FLORIDA RECORDED 02/22/2011 12:27:32 ANT 10.00 RECORDING FEES $35.50 DEED DOC $0.70 RECORDED BY 5 Creech P9s 1365 - 1362i (49s) WARRANTY DEED fk THIS WARRANTY DEED, Made and executed the / t day of February, 2011, by Seniors "R" Able, Inc., a Florida corporation, conveying an undivided 3% interest and Faye A. Haverlock, as Trustee of the Faye A. Haverlock Family Trust UTA Dated May 4, 1992 conveying an undivided 97% interest, whose post office address is P.O. Box 759, hereinafter collectively called the Grantor, to OHCF Properties, LLC, a Florida limited liability company, whose post office address is P.O. Box 759, Okeechobee, FL 34973, hereinafter called the Grantee: (Wherever used here'T'a rms "Grantor" and "Grantee" include all the parties to this instrument and the s - it. s. and assigns of corporate entities) WITNESSETH: That the Gran considetations, receipt where sell, alien, remise, release, co Okeechobee County, Florida, to -wi 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 T ` = de a part hereof Parcel ID # 1- 10- 37- 35 -OAO' '00' -' 0. • and 1- 10- 37- 35 -0A00- 00001 -B000 1714 1365 RCUIT COURT P11 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 othengise common to the subdivision; (c) public utility easements of record; and (d) taxes for the year 2011 and subsequent years. To Have and to Hold, the same with all and singular the appurtenances thereto belonging or in anywise'', appertaining, 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 expressly understood and agreed by and between the parties and all successors and assigns that the 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 1 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 presence, PR T NAME OF WIT ESS] Witness [PRINT NAME OF WITNESS) SENIORS "R" ABLE, INC., a Florida corporation By: /v Faye A.f-laverlock %� Its: President FAYE A. HAVERLOCK FAMILY TRUST UTA Dated May 4, 1992 By: Faye averlock Its: Trustee STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this /9 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 STATE OF FLORIDA COUNTY OF OKEECHOBEE • �5. The foregoing instrument was acknowledged before me this id 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. IPA f" c.. =1+1i►ie + • , state bf Florida nw, 03,04 Doos71034 EXpirys 4x1/2013 Fiocide waxy Assn.. Inc ....................... l..t..l.1..11.1. .H .................. 40 NOTARY -UBLI , State of Florida x1.1...... t11 R� 111. ionu p nom. 2 �atlY'jjM/�i D00871034 =3,A�.� EAlres 4R12013 ,; ard;,� Plaids Notary Nate, Inc /,NL1.. U1N.H1H01/......,... Book697 /Page1366 CFN #2011001714 Page 2 of 4 Exhibit A PARCEL1 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 . • • IOUTH LINE, RUN NORTH 00 DEGREES 00'07" WEST ALONG THE EAST SAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 315, ' '•� 3 , • , A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID PARC e' • • ND; THENCE DEPARTING SAID EAST LINE, RUN NORTH 89 DEGREES 59' c ' EA PERPENDICULARTO THE PRECEDING COURSE, A DISTANCE OF 374.51 'A41104 ' POINT ON THE WEST LINE OF THE TAYLOR CREEK PERMANENT EASEM • ► ESCRIBED IN THE OFFICIAL RECORDS BOOK 49, PAGE 223 OF THE P N:1. t • • - DS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH 31 I . G Na_ • I 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 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. 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, Book697 /Page1367 CFN #2011001714 Page 3 of 4 1 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 PERPENDICULAR 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 CORNER OF THE AFOR " WEST ALONG SAID WEST LINE OF THE CE OF 329.21 FEET TO THE NORTHEAST DESCRIBED IN ORB 524, PAGE 180; THENCE DEPARTING SAID WEST LI SOUTH 89° 59' 53" WEST ALO 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 -A1 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 Address: 1650 Hwy. 441 North, Okeechobee, FL 34972 / NE 19th Drive, Okeechobee, FL 34972 Parcel ID Nurrtber: 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, applicant stated land use of said or variances, and restrictions may may result in the classification. effective upon being the record title owner(s) of the real property described above, do hereby grant unto the above the full right and power of attorney to make application to the City of Okeechobee to change the property. This land use change may include rezoning of the property, the granting of special exception appeals of decisions of the Planning Department. It is understood that conditions, limitations and be place upon the use or operation of the property. Misstatements upon application or in any hearing termination of any special exception or variance and a proceeding to rezone the property to the original This power of attorney may be terminated only by a written and notarized statement of such termination receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR DAY OF March 2015 HAND AND SEALS THIS_ r 6-&-TA.uo U�,�'>gqktl ER, Faye A. Haverlock, Manager WITNESS ' CO( Before me the acknowledged power of attorney Public: Commission OWNER undersigned authority personally appeared the owner(s) named before me that they are the owner(s) of the real property described, for the purpose stated therein. Sworn and subscrilicd this,3 �HOLLY (Notary / , ' �' l / ' ' / SEAL (_ ` ITNESS above who upon being duly sworn above and that they executed r.1" sl<a'of_ Marsh _ _ M . EVERETT Public - State of Florida ;Notary My tortlm. Expires Apr 7 2017 —.��� Commission # EE 873524 _ -j #### $$$ Bonded Through National Notary Assn. the 20 15 �,FO Expires: - 7— �/7 �� (Rev 09/14) Page 5 of 11 --+-o{ `1" 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 '��2j4 , 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 ,2S1` day of // �iatur€rof Applicant / Gt Name of Applicant (printed or typed) State of Florida County of Okeechobee Date Sworn to and subscribed before me thin:- day of J .a_ ,022/' . Personally known to me or produced as identification and did not take an oath. Notary Public, State of Florida Seal: (Rev 01/12) Page 3 of 11 44 0 W 0 O 0 CL N LArnorQOLL)LOU) OLOONOONNN NOOdN'00 NNN MM'V'v d'MMM rnrnrnmrn M M M M M J JJJJJJJ 00 LL LL LL LL LL LL LL LL W z 1- 0 W W W W zW W W W mmm m t+00000O00OQOQ 0 0 0 Z O z z Z WWW -WJ-JJ 0 0 0 0 ap po��YYY�Y��� 0000 � W W W z0 = >OI -I- z> 0 Q o o 0 O �QQ=QQQ H 04 W X F}- m▪ IU)��~WNW_WW_ to W WF-X 0 000 co comm • rm(p "'M CV OD OD M Off. Q D a D O r M r r r 0 c0 z O i z H O -JO WW O W • p W W W W O e W yo ��a� Wig t. p ▪ p. + W Q J I = c d' I" C' MO zI =m¢n V- V-¢ ▪ Q i W LL i CEmW°tSW JW 0-w c� Z 0 W m r. IYcc J=U) 2:E u) Tre0cL zzzzz o al ac LL CnWQOQQQ e-Z OW WfnfAWWW 4. MU-YD<DDD }OXOJOS2222 H • °000mo0o W o00rrLC)c -M 0- a'-'00 0 —a° 00 ° 0 00 0 N O o0000 De p' Ts O N OOOOO d O r O r r r N N 0 0 0 0 0 0 (Do F O O O O O 0 O 0 O W ?999°°• ° W m o 0 0 0 0 0 0 0 0 7 O O O 0 r r r r r mm9999999 • 9 N Z r? M M M M C0M Lo C07 LO Wh- titit--- t� ()Mc?MMMMc�)C�)M C/ O O o Lp to Lf) L() LO m <77°— c- s- ,-,7 0— NNC�Mc+)c)c) OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE W.C. "BILL" SHERMAN, PROPERTY APPRAISER GIS /WAPPING DEPARTMENT 100 FEET SURROUNDING OWNERS OKEECHOBEE HOSPITAL INC 1- 09- 37- 35 -0A00- 00011 -0000 OHCF PROPERTIES LLC 1- 10- 37- 35 -0A00- 00001 -0000 HAMRICK & SONS INC 1- 10- 37- 35 -0A00- 00001 -0000 LIFESTYLES & HEALTHCARE LTD 2- 09- 37- 35 -0A00- 00010 -0000 OHCF PROP TIES LLC 1- 10- 37 -35- ' A00- 00001 -B000 HUSAIN SURAIYA, TRUSTEE 3- 15- 37 -35- 0010- 00010 -0010 MASON WILLIAM H 3-15-37-35-0010-00010-001B Russ Duncan CFE, Agriculture Appraiser/ GIS Mapper Date: 2/20/2015 Niy fi 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 • 11) CM w0 � N n ON• O M m N 0) N M M F-ZLL (o I- W LL LL FL 349730759 FL 349740000 W W W W W W UJ Wi1 =x-000 a J Z _ _ _ Z> 000 I= W W W (. W W W YYY UZ 000 3 O (n w w 1 O 0. U £ w a c z z�Zt- rnrnv Z mo >- O w= N 0 0= ✓ OZ• -mmcp w LL c p O O ■ M Q M 0000 0 O O O 0 0 0 r o o m V 0 6 W °0 0 00 00 00 W 0 0 00 mw o 0 66 n,• 000▪ 0 F- Zui01.01ocn U • JchMc )c? W W nrnrF 0 M M M M M m W 0 0 0 0 W m a o e- .-- r O M L. r .- N OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE W C "BILL" SHERMAN, PROPERTY APPRAISER CIS /MAPPING DEPARTMENT 100 FEET SURROUNDING OWNERS HAMRICK & SONS INC 1- 10- 37- 35 -0A00- 00001 -0000 OKEECHOBEE HOSPITAL INC 1- 09- 37- 35r0A00- 00011 -0000 OHCF 1 -10 -2 PROPERTIES LLC 7- 35 -0A00- 00001 - L000 te LIFESTYLES & HEALTHCARE LTD 2- 09- 37- 35 -0A00- 00010 -0000 OHCF PROPERTIES LLC 1- 10- 37- 35 -0A00- 00001 -B000 • 4-1.1" fOrtut • k. t ' _.+ Russ Duncan CFE, Agriculture Appraiser / GIS 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 2715 Projects(15 -145 04 Healthcare Fact lityl Dwg /Survey\15- 145Map1- rotatedewg, 3/2/2015 3.5239 PM, Adobe PDF (temporary15105.pc3 7 ASPHALT DRIVE 315, PG. 746 N00.00'07 "W(D)(C) 321.60'(D)(C) oo .Jo • o �? ■ O JOB No t1 SCALE CC./ BOOK DATE. T1 /15/2013 — PRAWN MOD Br. GVJD �i�E 0 \r\ 8\ \\ A) -29 ▪ \ r 44, � • a X ` e4SeMeNT o -e>�•. \ \ r....... ay �G w z ?3 m N. S lolot 32 GEOMATICS SERVICES Inc. PROFESSIONAL SURVEYORS & MAPPERS 1934 TUCKER COURT, FORT PIERCE. FLORIDA (772) 419 -8383 FAX (772) 408 -4208 CERTIFICATE OF AUTHORIZATION L6# 7073 REVISIONS 9 —A ^TC �L39D �9w 0 0 °z PREPARED FOR: OHCF Properties, LLC LYING IN OKEECHOBEE COUNTY, FLORIDA l,� HIV3S JIHdVHD 2p BOUNDARY AND TOPOGRAPHIC SURVEY BOUNDARYSURVEYPREPARED FOR OhCf PROPERTIES, LLC. SHEET OF LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST OKEECt1015EE 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 LIABILITY 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) FOR 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 LINE. 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): Ire11 = ELECTRIC RISER /VAULT /METER. • = TELEPHONE RISER /VAULT. = WATER VALVE /METER. = FIRE HYDRANT. ® = STORM WATER MANHOLE. QS = SANITARY SEWER MANHOLE. ▪ = STORM WATER CURB INLET. PREPARED FOR: 1. OHCF PROPERTIES, LLC. JO A, WILS , PSM PROFESSIONAL SURVEYOR AND MAPPER LORIDA LICENSE NO. LS5157 FLORIDA CERTIFICATE OF AUTHORIZATION NO. LB7429 PROJECT INFO. BLOCK DATE DRAWN /BY: $- 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 OJECT /DWG. NO.: 05 -0035 r EXPEDITION 50KVEY/NG &MAPPING, LO 15 f r4 OFFICE: 304 NW 5th STREET — OKEECHOBEE MAIL: POST OFFICE BOX 1610 — OKEECHOBEE, FLORIDA 34973 \ PHONE: 863 - 357 -6688 FAX: 863 - 357 -6684 Johnw— esmOearthiink.net L 15OUNDARYSURVEY PREPARED FOR ONCE rKOrrKTJrt5 LLC. St1EET Z OF 3 I I I L_ NE 9th STREET T I 1--1 II II II 11 —1— PARCEL ID: • PARCEL /D. 1- 09- 37 -35- 1 i 00014 -0000 1 1- 09 -37 -35 -0.100- 0A00- 00008- C000 - -- FISSIO I PROFESSIONAL _— CONDOMINIUM do' 1/ ;1/� / (SUBJECT TO BLANKET DRAINAGE EASEMENT) OVRB 207, PC. 180 & ORB 208, PG. 380 (SUBJECT 70 AMENDMENT 70 AGREEMENT CONCERNING DRAINAGE EASEMENT) ORB 546, PC 534 / / WEST LINE TAYLOR CREEK PERMANENT / EASEMENT / ORB 49, PG. 223 FOUND 4,e 4' CONCRETE MONUMENT NOI.D. ch FOUND I PK NAIL WWTM DISK RLS4276' FOUND PK NAIL W771 DISK 77LS4276" EAST UNE ORB 219, PG. 593 ORB 219 PG. 593 SRC N"E 7 P.O.B. S.W. CORNER ORB 524 PG.180 448.33' - - -- N89'59'53 "E (D)(M) 800.00' 1 i (BASE BEARING) I NOR7N LINE ORB 31 I PG. X45 6 • AREA= 2.965± ACRES UNPLAT7ED LANDS ^'j VACANT / h 5 &GtrveA/ IS -�pr N.E. CORNER 45' W1DE ORB 315 RECIPROCAL PG 746 0 GS EASEMENT p o o9 v_ ORB 258, PG 756 ORB 315 PG. 746 PARCEL ID: 2- 09- 37- 35 -0A00-00010 -0000 SOUTH LINE , 9 10 sECnoN 10 448.36' a, 16 FOUND 5/8' IRON ROD MTH CAP STAMPED TWPS LB6719" ORB 520 PG. 180 PARCEL ID: 1-10-37-35 - 0A00- 00001- 8000 N89'32'54 "E -� (NOR7H 141h STREET -P.B. 5, PG. 5) "AIRPORT DIT H" / P.O. C. S.W. CORNER SEC77ON 10/37/35 EX/S77NG I DRAINAGE CANAL / FOUND 5/8" IRON ROD pare ! only W1771 CAP STAMPED TWPS LB671 , e re3 NORTH 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 DATE: 7 -11 -05 FIELD BOOK /PAGE:1/42 -45 &2/42 -56 OJECT/DWG. NO.: 05 -0035 EXPEDITION 56IRVE Y/NG MAPPING, inc. 10 45 0 1/2 OFFICE: 304 NW 5th STREET - OKEECHOBEE MAIL: POST OFFICE BOX 1610 - OKEECHOBEE, FLORIDA 34973 PHONE: 863- 357 -6688 FAX: 863 -357 -6684 johnw- esm®earthlink.net bOUNDARYSURVEY PREPARED FOR: OhCT PROPERTIES, LLC. St1EET 3 OF 3 DESCRIPTION A PARCEL 0E- 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 UNE 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 !.ANDS 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 & HEALTHCARE, LTD.) OF THE SUBJECT SITE. PROJECT INFO. BLOCK f 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 1 EXPEDITION \ DATE: 5(JKVi Y /NG &MAPPING inc. REVISIONS BLOCK DESCRIPTION: BY: . as o 12 OFFICE: 304 NW 5th STREET — OKEECHOBEE MAIL: POST OFFICE BOX 1610 — OKEECHOBEE, FLORIDA 3497 . r u.; va —uvaa / ' PHONE: 863- 357 -6688 FAX: 863 -357- 6684 Johnw— esm®earthlink.net J •i Staff Report Rezoning Prepared for: The City of Okeechobee Applicant: OHCF Properties, LLC Petition No.: 15 -002 -R Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 239 -33i -3366 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: OHCF Properties, LLC Petition No. 15 -002 -R General Information OHCF Properties; caner /Applican Site Address Contact Person Contact Phone Number o ntact Email Aid es sdobbs @stevedobbsengineenng.c keechobee 1650 Highway 441, North & NE 19' Okeechobee, FL 34972 eyen= 863- 634 -7644 Existing Proposed, =utureLand South Classification` URMU* (County UM Commercial North parcel (Parc elS) URMU (County FLUM) ` , Commercial t ^'� �a pP,+,,�„ x % _ >��-s... � .., —m.a� ".. „„„�s'�ui •.:x "..W:, `sc� �i � �.�.,��:.�.+....�.,.�.1.a.� tea. u, .. , , Zoning District South parcel (Parcel 1) NC -2 (County Zoning) CHV North parcel (Parcel 2) Agricultural (County Zoning) CHV acant Nursing hor pe ofxPropei Acreage South parcel (Parcel 1) North parcel (Parcel 2) 2.04 acres 2.97 acres * URMU = Urban Residential Mixed Use 2.04 acres 2.97 acres Legal Description of Subject Property Parcel Identification Numbers Parcel 1: 1- 10- 37- 35 -0A00- 00001 -B000: Parcel 2: 1- 10- 37- 35 -0A00- 00001 -0000 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: OHCF Properties, LLC 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 ti5OUTH LINE, RUN NORTH 00 DEGREES 00'07" WEST ALONG THE EAST SAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDSBOOK315,", •,A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID PAR:► D; THENCE DEPARTING SAID EAST LINE, RUN NORTH 89 DEGREES 59' c� PERPENDICULARTO THE 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, PAIGE 223 OF THE P b ii140 • DS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH 31 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 SAI I ' AID CURVE BEING CONCAVE TO THE SOUTHEAST, HAVING A RADI 1 • 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 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: OHCF Properties, LLC 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' 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 PERPENDICULAR 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 CORNER OF THE AFOR " WEST ALONG SAID WEST LINE OF THE CE OF 329.21 FEET TO THE NORTHEAST DESCRIBED IN ORB 524, PAGE 180; THENCE DEPARTING SAID WEST LI SOUTH 89° 59' 53" WEST ALO 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 /Pagel 368 CFN #2011001714 Page 4 of 4 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: OHCF Properties, LLC 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 East isting? Landl Future Land Use Map Classification Zoning District Existing Land Use: uture .Lan assification cant land Agricultural & URMU (County FLUM) Agricultural (County zoning) Vacant land xisting_Lan Future Land Use Map Classification West Zoning District: Existing Land Use: * URMU = Urban Residential Mixed Use ** CCMU = Commercial Corridor Mixed Use acant lan CCMU ** & URMU (County FLUM) RG (County zoning) CHV (City zoning) Nursing Home and Hospital Analysis Section 70 -340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. 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. Serving Florida Local Governments Since 1988 4 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." 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. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: OHCF Properties, LLC Petition No. 15 -002 -R Recommendation 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 2nd Reading: May 19, 2015 Attachments: Future Land Use, Subject & Environs Zoning, Subject & Environs Existing Land Use, Subject & Environs 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 Agricultural C. URMU 714k,„ no; 1 1,0 Ilia Lrxal Governments Since 1988 1 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 serving ' )rhIa Lucas Governments Since 1988 10 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 Seeing Florida Local Got- ernments Sine 19sM 11 City of Okeechobee General Services DE ==_ _ _= s= ? 55 S.E. 3rd I LXIiiDik 0 Okeechobee, Florida .. -..... __ __ Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: 313 //5 Petition No. j 5- 00Q-SC Fee Paid: (pafo. 30 -a4,00 Jurisdiction: SoR 1s` Hearin "d `(� 2 Hearing: g' i 5 Publication Dates: ' /aq £ 41g Notices Mailed: 0/, / i s 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 of contact person (state relationship): Attorney 6 7 Contact person daytime phone(s): 772 - 287 -2600 Fax: 772 - 223 -4362 { PROPERTY INFORMATION r Property address /directions to property: 1650 Hwy. 441 North, Okeechobee, FL 34972 / NE 19th Drive, Okeechobee, FL 34972 8 Describe current use of property: Undeveloped / Undeveloped 9 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. Vacant / Vacant Source of potable water). �� �� Method of sewage disposal: 10 Approx. acreage: 1�e5 / 2..96 Is property in a platted subdivision? No / No 11 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: Application Application pendiVuzP4RElfIn e eMist f IS IDM RCe2 z o0 nAiGng ' is. 15 Have there been any prior rezoning, property? ( )No (.1 )Yes. If special exception, variance, or site plan approvals on the yes provide date, petition number and nature of approval. -152; AG to NC2 (County) Parcel B: 8 -12 -04 Ordinance #2004 -R 16 Request is for: () Rezone ("1) 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 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. Signat Printed Name Date Jennifer Williamson 3 -2 -15 or questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 09/14) 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 surveys (one no larger than 11x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 124 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. Signat Printed Name Date Jennifer Williamson 3 -2 -15 or questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 09/14) Page 2 of 11 A ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: tic .r. S e c. et 0- 21 3 Nursing Home and Assisted Living Facility as to both parcels. (a I) A t. F- c. ( 2) NI 14 B Are there similar uses in the area? No (' I) Yes If yes, briefly describe them: The Nursing Home to the west / south currently has a special exception. C If a business, briefly describe the nature of the business, number of employees, hours of operation, and any activities to be conducted outside of a building: Expansion of current Nursing Home with ALF addition. Operation will be 24 / 7. Very limited activities outside. Employees will vary with census. D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the special exception or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips, and level of service on all adjacent roadway links with and without the project. N/A E Responses addressing the standards and required findings for a special exception as described below. Attach additional sheets as necessary. See attached. STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(b), LDR page CD70:19] Applicants are required by Sec. 70- 373(b) to address the following issues in his /her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his /her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. See attached. 1. Demonstrate that the proposed location and site are appropriate for the use. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. 5. Demonstrate how the utilities and other service requirements of the use can be met. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. (Rev 091 4) Page 8 of 11 FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(c), LDR pages 19 & 20] It is the Applicant's responsibility to convince the Board of Adjustment that approval of the proposed special exception is justified. Specifically, the Applicant should provide in his /her application and presentation sufficient explanation and documentation to convince the Board of Adjustment to find that: See attached. 1. The use is not contrary to the Comprehensive Plan requirements. 2. The use is specifically authorized as a special exception use in the zoning district. 3. The use will not have an adverse effect on the public interest. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above standards and required findings and offer a recommendation for approval or denial. NOTE: AN APPROVAL OF A SPECIAL EXCEPTION EXPIRES IF A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED WITHIN TWO YEARS OF THE APPROVAL [Sec. 70- 348(4)] (Rev 09/14) Page 9 of 11 ENGINEERING March 2, 2015 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 OHCF Properties, LLC, Nursing Home and Assisted Living Facility Special Exception Standards for granting a special exception: 1. Demonstrate that the proposed location and site are appropriate for the use. The two parcels included in this request are located east of the existing facility at 1646 Highway 441 N This special exception request is for an expansion of an existing facility. This is a perfect location for this proposed expansion. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. The site and proposed buildings and site layout will be designed to make access to, around, and from the site as accessible as possible. The applicant wishes to remove and impediment to access to this property. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. The proposed landscaping will be in compliance with the City's Landscaping Code. Visually screening from adjacent uses should not be required as the Raulerson Hospital is to the north and that portion of their property is undeveloped as are the parcels to the east and south of the property and to the west is the existing facility which requires no screening. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. The nature of the business does not create any potential hazards, problems or public nuisances to surrounding properties as 95% of the facilities activities are peifonned indoors. The only functions performed outside are sitting and smoking areas for the patients and staff. The Assisted Living aspect of the facility will basically be the same other than residents coming and going on their own, which is different from the nursing home standard practice. 5. Demonstrate how the utilities and other service requirements of the use can be met. All services and utilities required are already onsite serving the existing facility. Services will only have to be extended to the planned expansion. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. Currently, there is an access to FDOT to the west of the existing facility that not only serves this facility, but it is a joint access between this facility and Raulerson Hospital to the north. This access serves as the main access for the emergency vehicles that use the Hospital. The minimal additional traffic generated will have little impact on the exiting access to this property either on or offsite. 1062 Jakes Way, Okeechobee, FL 34974 Phone: (863) 824 -7644 Cell: (863) 634 -0194 Email: sdobbs @stevedobbsengineering.com Website: www.SteveDobbsEngineering.com Findings required for granting a special exception: 1. The use is not contrary to the Comprehensive Plan requirements. These parcels are perfect for expansion of the existing business and the creation of the Assisted Living Function of the proposed expansion and is absolutely within the spirit of the Comprehensive Plan. 2. The use is specifically authorized as a special exception use in the zoning district. According to the City of Okeechobee, Code of Ordinances Section 90- 283(21), Adult family care homes, assisted living facilities and Section 90- 283(22), Nursing homes are both permissible in this zoning district. 3. The use will not have an adverse effect on the public interest. The expansion of the nursing home and addition of the Assisted Living Facility will not have an adverse effect on the public interest. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. Yes, these parcels are adjacent to the main facility and Raulerson Hospital which is compatible with either use. As the other parcels are undeveloped around the facility, there is not detriment to any of those parcels. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. This change will not negatively impact property values or living conditions, nor deter development of adjacent property. 6. The use may be required to be screened from the surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. No hazards or impacts are anticipated by this use to adjacent uses, so no screening is proposed nor anticipated to be required. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. This use will not overburden public facilities including streets and as stated previously the utilities already servicing this site are sufficient for the proposed use. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Sincerely, There are no adverse impacts anticipated to the above mentioned categories for this proposed use. Q Ota 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, Florida 34995 -0024 111111111111111111111111111111111111113 FILE NUM 2011001714 OR Bk 00697 PG 1365 SHARON ROBERTSON CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY* FLORIDA RECORDED 02/22/2011 12:27:32 FM AMT 10.00 RECORDING FEES $35.50 DEED DOC $0.70 RECORDED BY 5 Creech Fes 1365 - 1363; (4p s) WARRANTY DEED rk THIS WARRANTY DEED, Made and executed the l0 day of February, 2011, by Seniors "R" Able, Inc., a Florida corporation, conveying an undivided 3% interest and Faye A. Haverlock, as Trustee of the Faye A. Haverlock Family Trust UTA Dated May 4, 1992 conveying an undivided 97% interest, whose post office address is P.O. Box 759, hereinafter collectively called the Grantor, to OHCF Properties, LLC, a Florida limited liability company, whose post office address is P.O. Box 759, Okeechobee, FL 34973, hereinafter called the Grantee: (Wherever used here '• 'rains "Grantor" and "Grantee" include all the parties to this instrument and the s .ss • and assigns of corporate entities) WITNESSETH: That the Gran , = Id in consideration of the sum of $10.00 and other valuable considerations, receipt where. •y acknowledged, by these presents does grant, bargain, sell, alien, remise, release, co - I nfirm unto the Grantee, all that certain land situate in Okeechobee County, Florida, to -wit See Exhibit "A" attache Te'' • - de a part hereof Parcel ID # 1- 10- 37- 35 -OAO and 1- 10- 37- 35 -0A00- 00001 -B000 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 otherwise common to the subdivision; (c) public utility easements of record; and (d) taxes for the year 2011 and subsequent years. To Have and to Hold, the same with all and singular the appurtenances thereto belonging or in anywise appertaining, 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 expressly understood and agreed by and between the parties and all successors and assigns that the 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 /Page1365 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 presence: / Witness PRI T NAME OF WIT ESS] [PRINT AME OF WITNESS] Witness SENIORS "R" ABLE, INC., a Florida corporation By: W44/14.ge'L Faye A.°Haveriock Its: President FAYE A. HAVERLOCK FAMILY TRUST UTA Witness Dated May 4, 1992 [PRINT NAME OF WITNESS] By: Faye aaverlock Its: Trustee STATE OF FLORIDA COUNTY OF OKEECHOBEE pr"- The foregoing instrument was acknowledged before me this /o day of February, 2011 by Faye A. Haverlock, as President of Seniors "R" Able, Inc., a Florida corporation, on behalf of the Corporation. She is personally known to STATE OF FLORIDA COUNTY OF OKEECHOBEE unwy— — - e1•1i►0' State bf Florida e cow DD08 7 1034 Dykes 4!712013 Vaal, Midi Noun Assn. Inc t. The foregoing instrument was acknowledged before me this fd day of February, 2011 by Faye A. Haverlock, as Trustee of the Faye A. Haverlock Family Trust UTA Dated May 4, 1992, on behalf of the Trust. She is personally �; n to me. NOTARY 2 UBLI , State of Florida 14Pj/jj4 Comm#DD0871034 gtapirN 4/7/2013 IAIg1N 1..1....N......1..N..1.fA 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 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 n • ' SAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 315, • , • , A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID PARC a 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, PAGE 223 OF THE P sa •• • - DS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH 31 I G�+a_ , 0 = ' " 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 SAID ' E SAID CURVE BEING CONCAVE TO THE SOUTHEAST, HAVING A RADI 1 - • 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. 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, Book697 /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 SAID LANDS DESCRIBED IN ORB 219, PAGE 593, A DISTANCE OF 280.17 FEET; THENCE DEPARTING PERPENDICULAR 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 CORNER OF THE AFOR " WEST ALONG SAID WEST LINE OF THE CE OF 329.21 FEET TO THE NORTHEAST DESCRIBED IN ORB 524, PAGE 180; THENCE DEPARTING SAID WEST LI SOUTH 89° 59' 53" WEST ALO 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 City of Okeechobee 55 SE 3” 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 Address: 1650 Hwy. 441 North, Okeechobee, FL 34972 / NE 19th Drive, Okeechobee, FL 34972 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 may 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 HAND AND SEALS THIS DAY OF March 2015 c -.). kitAA 4 OWNER, Faye A. Haverlock, Manager WITNESS OWNER ii, ITN Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above and that they executed the power of alto 1 - for the purpose stated therein. Sworn and subscri, - • ,10„9,..._ • . • +; 7C..! « .1. 1 15 c. 4..,o 1e1 • -. Notary Public - State of Florldii �I e My Comm. Expires Apr 7, 2017 Notary Publi . '1 / / - / �� SEAL - „,.,��� of ' Commission # EE 873524 ''uu,,,,,• Through Bonded National Notary Assn. Commission Expires: — 7 — a-6/7 - -.-- -- (Rev 09/14) Page 5 of 11 w z 0 >- W a 0 a - o L_1(-9a Co CD r. � O LL o I Mo oM Q M Z M c ow a O U 00 W 0 C.) 0 N LO O O r O O LO CC) LC) otnoNOONNN N ti O N O O CO CO CO O d O O N N N ti ti ti N h- a) O) (3) 00 (3) d' N�Y COCOCOCOCO I- J J J J J J J J J M LL LL LL LL LL LL LL LL LL. W z >-I 1-- U ADDRESS 1 PARCEL NUMBER W W W W 0mmm m F- 00000000 Z =_= 0 = 0 0 0 W 0 0 0 Z 0 Z Z Z 0 W W W Q W 0 0 0 W W W J W J J J Y Y W Y CK CC m00000000 601 12TH ST W W� Zo >OI-I- Z> U Q O O O ;aCCHWWW Fri O ti io WNW W W x 0 0 0 0 m CO COQ) N Cdr) COQ) COQ) 0 CO O N O N N N 0 0 0 0 o m 0 0 0 0000..-N-LO. -M (= O O O O O O O N t 1 UOm0000 1 r r o N o 0 0 0 o 0 0 N-0 r r r N N 0000 0 0 000 00'0000000 g o 0 o O O o O o Q00000000000 0 0 0 0 0 0 0 0 0 14) LC) L)) LC) LC) LC) LO 10 C) C.) C) C) M C) C.) . C. C) C ? M C' ) Cr) 1 C ) Cr) C) M 000)101010LOto 14) 77 O r r r r r r N N CM M C) 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 -0000 i LIFESTYLES & HEALTHCARE LTD 2-09-37-35-0A00-00010-0000 OHCF PRO 1- 10- 37 -35- P TIES LLC A00- 00001 -B000 HAMRICK & SONS INC 1- 10- 37- 35 -0A00- 00001 -0000 HUSAIN SURAIYA, TRUSTEE 3-15-37-35-0010-00010-0010 MASON WILLIAM H 3- 15- 37 -35- 0010 - 00010 -001B Russ Duncan CFE, Agriculture Appraiser/ GIS 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 W 0 O 0 a Fl 1- 0) w 2 z U U 5R 53 r- �oo o CO i- cr N p) p) p) n vvv CD C' I O 01 Z J J J J 1- LL U U. U. W W W W W W wOmmm X === > 000 = W W CD W W Z 000 0 X 0 0 a F- U W m z °3 V rn?: 0400= Z`'mmcp r 0— io 0 J U W Z a. U ~ J Ec J F- U) CO CO 'j C) ! X W W W w CU 0 co CL CL 00I 0 ig a a r w 00w Y = = u- O 00.E o O O 0 o mUo r .- o E; O O r O O O O O 0 O O O 000 o o 0 0 0 0¢0 C? C) 01V)C) M M c? C7 M P h. 1� c+) C) C) V) c) 0)o 000) r r r N OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE W.C. "BILL" SHERMAN, PROPERTY APPRAISER GIS, MAPPING DEPARTMENT 1(1(1 FFFT SIJRROI INDING OWNERS OKEECHOBEE HOSPITAL INC 1- 09- 37- 35 -0A00- 00011 -0000 HAMRICK & SONS INC 1- 10- 37- 35 -0A00- 00001 -0000 PROPERTIES LLC - 35 -0A00- 00001- LIFESTYLES & HEALTHCARE LTD 2- 09- 37- 35 -0A00- 00010 -0000 OHCF PROPERTIES LLC 1- 10- 37- 35 -0A00- 00001 -B000 1 Russ Duncan CFE, Agriculture Appraiser/ GIS Mapper sse 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 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 �-8 , %S' 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 Signat.re of Applicant Date (cvf/4//xivi Name of Applicant (printed or typed) State of Florida County of Okeechobee day of Sworn to and subscribed before me this as` ' day of ![OrIACCb'i.f , 7D /S- Personally known to me or produced as identification and did not take an oath. Notary Public, State of Florida Seal: (Rev 01/12) Page 3 of I 1 bOUNDARYSURVEY PREPARED FOR: OhCI PROPERTIES, LLC. 5hLT OF 3 LYING IN SECTION 10, TOWN51-11P 37 50UTf1, RANGE is EAST OKE.ECFIO15EE 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 DF 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) FOR COMMUNITY NUMBER 120177, PANEL NUMBER 02008, 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 LINE. 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): 111 = ELECTRIC RISER /VAULT /METER. ® = TELEPHONE RISER /VAULT. D4 = WATER VALVE /METER. = FIRE HYDRANT. 0 = STORM WATER MANHOLE. QS = SANITARY SEWER MANHOLE. = STORM WATER CURB INLET. PREPARED FOR: 1. OHCF PROPERTIES, LLC. N A, WILSON, PSM OFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS5157 FLORIDA CERTIFICATE OF AUTHORIZATION NO. LB7429 PROJECT INFO. BLOCK 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 OJECT /DWG. NO.: 05 -0035 EXPEDITION SGIKVi Y /NG &MAPPING, . as o !/? OFFICE: 304 NW 5th STREET — OKEECHOBEE MAIL: POST OFFICE BOX 1610 — OKEECHOBEE, FLORIDA 34973 \ PHONE: 863 - 357 -6688 FAX: 863 -357 -6684 Johnw— esmOearthlink.net bOUNDARYSURVEY PREPARED FOR: OhCff rKorrKTir5, LLC. Sf1E.ET z OF 3 —1 T I--I I I 1 I I ( 1 I I 1 I 1 1_ 1 NE 9th STREET r PARCEL /D• 1 1-09-37-35 -0A00— 00014 -0000 EX/S77NG I PROFESSIONAL I ____ L.... CONDOMINIUM I 1 y . I iC FOUND 4"X 4` ORB 219 CONCRE7E MONUMENT C NO L D PG. 593 in I / FOUND:PK NAIL EAST UNE ORB 219, PG. 593 \ V Z O O 0 O P.O.B. c; SW CORNER J ORB 524 PC 180 PARCEL ID: 1-09-37-35 — OAOO- 00008— 0000 Wln/ DISK RLS1276" FOUND PK NAIL W1771 DISK RLS4276" 448.33' - - -- N89'59'53 "E (D)(M) 800.00' 1 i (BASE BEARING) 1 NORTH LINE 1 ORB X46315: PR SRC / (SUBJECT TO BLANKET DRAINAGE EASEMENT) ORB 207, PC. 180 & ORB 208, PD 380 (SUBJECT 70 AMENDMENT TO AGREEMENT CONCERNING DRAINAGE EASEMENT) r\iORB 546, PC. 534 Q 7 / / WEST LINE TAYLOR CREEK PERMANENT / EASEMENT / ORB 49, PG. 223 / / 4' / N89'59'53 "E oA / 547.38' ,P 44 / �� AREA= ,s '" ' / 2.965± ACRES c5'..1 UNPLAT7ED LANDS A V O / VACANT / / SRC N.E. CORNER 45' ME ORB 315 Z RECIPROCAL PG 746 0 EASEMENT p ORB 258, PG 756 O ORB 315, PG. 746 o 0 PARCEL ID: 2- 09- 37- 35- 0A00- 00010 -0000 9 • 10 16 SOUTH UNE sECnON 10 448.36' N89'32'54 "E (NORTH 14th STREET —P.B. 4 PG. 5) "AIRPORT DITCH" 4_ FEX ;SnNG 1 DRAINAGE 1 i CANAL 374.50' S89'59'53 "W FOUND 5/8" IRON ROD $17H CAP STAMPED TWPS LB6719" ORB 520 PG. 180 PARCEL ID: 1-10-37-35 - 0A00- 00001- 8000 P.O.C. S.W. CORNER SECIION 10/37/35 1 FOUND 5/8" IRON ROD W1771 CAP STAMPED 7WPS LB6719 NOKTh 200' 150' 100' 50' 0' 100' 200' 1 /NCH = 200 FEET (1' = 2002 PROJECT INFO. BLOCK 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 OJECT/DWG. NO.: 05 -0035 % EXPEDITION 5GJKVt Y /NG & M ITING, Inc. 7.0 as O 1 OFFICE: 304 NW 5th STREET — OKEECHOBEE MAIL: POST OFFICE BOX 1610 — OKEECHOBEE, FLORIDA 34973 PHONE: 863- 357 -6688 FAX: 863- 357 -6684 johnw— esm®earthlink.net gOUNDARYSURVEY PREPARED FOR OhCF rrKofl=JKT1r5 LLC. SHEET 3OFi 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 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 UNE 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 & 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 FIELD BOOK /PAGE: 1/42 -45 &2/42 -56 EXPEDITION 561K VE YING6, MAPPING, 40 as f v,7 i OFFICE: 304 NW 5th STREET — OKEECHOBEE MAIL: POST OFFICE BOX 1610 — OKEECHOBEE, FLORIDA 34973 . NO.: 05 -0035 / \ PHONE 863 - 357 -6688 FAX: 863- 357 -6684 Johnw— esmOearthlink.net DATE: REVISIONS BLOCK DESCRIPTION: BY: J 2115 Projec1415 -145 Ok Healthcare Facility. 0w9 \Serrcy\1S.19SMap1- rolated.dw9. 3/2/20IS 33239 PM. AJOOe PDF 0emporary1570S.pc3 w u, ASPHALT DRIVE B. 3(5. 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FLORIDA (772) 419 -8383 FAX (772) 408 -4208 CERTIFICATE OF AUTHORIZATION L68 7673 REVISIONS OT 0 U055"I'ON PREPARED FOR: OHCF Properties, LLC LYING IN OKEECHOBEE COUNTY, FLORIDA BOUNDARY AND TOPOGRAPHIC SURVEY Staff Report Special Exception Request Prepared for: The City of Okeechobee Applicant: OHCF Properties, LLC Petition No.: 15- 002 -SE Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 239- 334 -3366 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: OHCF Properties, LLC Special Exception Request Petition No. 15- 002 -SE 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 00 DEGREES 00'07" WEST ALONG THE EAST • SAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 315, •,A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID PARC D; THENCE DEPARTING SAID EAST LINE, RUN NORTH 89 DEGREES 59' ' EA PERPENDICULARTO THE 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 DS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH 31 Ell Gi +_ s = 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 SAI AID CURVE BEING CONCAVE TO THE SOUTHEAST, HAVING A RADI' " e 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 LANE 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 Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: OHCF Properties, LLC Petition No. 15- 002 -SE Adjacent Future Land Use Map Classifications and Zoning Districts East Classification: Zoning Distric. ,E xistinc Future Land Use Map Classification Zoning District Existing Land Use uture'.' ,sZonng> se' assifica'ti' Agricultural Agricultural Coun Agricultural & URMU (County FLUM) Agricultural (County zoning) Vacant land Dist ct xistmg Lan Future Land Use Map Classification West Zoning District: Existing Land Use *URMU = Urban Residential Mixed Use canna CCMU ** & URMU (County FLUM) RG (County zoning) CHV (City zoning) Nursing home and hospital * *CCMU = Commercial Corridor Mixed Use Item Before the Board of Adjustment The matter for consideration by the City of Okeechobee Board of Adjustment is an application for a Special Exception to allow expansion of the existing nursing home located at 1646 Highway 441, North. The Special exception for expansion includes the possibility of the expansion being used either for nursing home or assisted living services. The expansion will be undertaken on the property immediately to the east of the existing nursing home (Parcel 1) and on Parcel 2 which is the property immediately north of Parcel 1. Description of the Situation The subject properties are being annexed into the City and are also the subject of the Small Plan Amendment and Rezoning Petitions just discussed. With the approval of those applications, the subject parcels will each carry a Future Land Use designation of Commercial and will be zoned CHV. The requested special exception for expansion of the existing nursing home involves construction of a new building and associated parking on Parcel 1. This building will hold an additional 18 nursing home beds, additional nursing stations, and an expanded food service area. Parcel 2 will hold the new storm water management facility to serve the existing nursing home, new parking lot on the property adjacent to U.S. 441, and the Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: OHCF Properties, LLC Petition No. 15- 002 -SE (3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "The proposed landscaping will be in compliance with the City's Landscaping Code. Visually screening from adjacent uses should not be required as the Raulerson Hospital is to the north and that portion of their property is undeveloped as are the parcels to the east and south of the property and to the west is the existing facility which requires no screening." We agree that landscaping screening would not likely be necessary with regard to the Raulerson Hospital property due to the similarity of intensity of use, and that Taylor Creek will likely prove an adequate spatial buffer for the property to the east of the proposed expansion. However, the properties to the south are designated for single - family use. The fact that the lands are undeveloped at this time does not absolve the nursing home of the possible necessity of providing a landscape buffer for adjacent resi- dentially zoned properties. We have previously stated that the City Limits Ditch may prove an acceptable spatial buffer, but when the actual physical improvements are shown on the site plan, the City reserves the right to require landscaping if found to be necessary. (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. "The nature of the business does not create any potential hazards, problems or public nuisances to surrounding properties as 95% of the facilities' activities are performed indoors. The only function performed outside are sitting and smoking areas for the patients and staff. The Assisted Living aspect of the facility will basically be the same other than residents coming and going on their own, which is different from the nursing home standard practice." We agree for the most part, but also recognize that such uses sometimes require emergency ambulance services and lighting from parking areas, both of which can become a nuisance to adjacent residential areas. The site plan should 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. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: OHCF Properties, LLC Special Exception Request Petition No. 15- 002 -SE (3) (2) The use is specifically authorized as a special exception use in the zoning district. "According to the City of Okeechobee, Code of Ordinances Section 90- 283(21), Adult family care homes, assisted living facilities and Section 90- 283(22), Nursing homes are both permissible in this zoning district. We agree both assisted living facilities and nursing homes are Special exception uses in the CHV District. The use will not have an adverse effect on the public interest. "The expansion of the nursing home and addition of the Assisted Living Facility will not have an adverse effect upon the public interest." The nature and scale of the proposed improvements are not significantly different from that already in existence and should not have an adverse impact on the public interest. (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. "Yes, these parcels are adjacent to the main facility and Raulerson Hospital which is compatible with either use. As the other parcels are undeveloped around the facility, there is no detriment to any of those parcels." 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 Tess 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. Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: OHCF Properties, LLC Petition No. 15- 002 -SE (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "There are no adverse impacts anticipated to the above mentioned categories for this proposed use." We do not expect the modest expansion of facilities to significantly increase traffic and should have no adverse impact upon public safety. The proposed expansion will be required to address SFWMD stormwater standards and City drainage requirements. Recommendation Based upon the foregoing analysis and findings, Staff recommends that Petition Number 15- 002 -SE be approved with the following stipulations: 1. The TRC consider, during its site plan review, the need for landscape buffering along the southern boundary adjacent to the single - family zoned property(ies). 2. The TRC consider, during its 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 property (ies) to the south. Submitted by: Wm. F. Brisson, AICP Planning Consultant April 8, 2015 Board of Adjustment Public Hearing: April 16, 2015 Attachments: Future Land Use, Subject & Environs Zoning, Subject & Environs Existing Land Use, Subject & Environs Serving Florida Local Governments Since 1988 10 Staff Report Special Exception Request Applicant's Name: OHCF Properties, LLC Petition No. 15- 002 -SE FUTURE LAND USE SUBJECT SITE AND ENVIRONS OHCF Properties. LLC City of Okeechobee future Land use Amendment Surrounding Property Owners FLU exhibit Seming Florid ■ 1 n it GncernmentsSince 1988 Staff Report Special Exception Request Applicant's Name: OHCF Properties, LLC Petition No. 15- 002 -SE ZONING SUBJECT SITE AND ENVIRONS OHCF Properties, LLC City of Okeechobee Future Land use Amendment Surmunding Property Owners Zoning exhibit serving -oddn Local t..nernm, u.'mee 1988 Staff Report Special Exception Request Applicant's Name: OHCF Properties, LLC Petition No. 15- 002 -SE EXISTING LAND USE SUBJECT SITE AND ENVIRONS OHCF Properties, LLC City of Okeechobee suture Land Use Amendment Surrounding Property Owners Land Use Exhibit Serving )rlda Local governments Since 1988 Planning & Management Services, Inc. Memorandum To: Board of Adjustment (BOA) From: Bill Brisson, AICP Sr. Planner, LaRue Planning & Management Date: April 8, 2015 Subject: Requested extension of Special Exception Approvals On August 21, 2014 the BOA approved Applications for the following Special Exceptions for the property located at 1127 SW Park Street: 1. 14- 003 -SE, to allow wholesale /warehouse use 2. 14- 004 -SE, to allow mechanical and repair services The LDRs require that an approved Special Exception must be put to use within 180 -days. That period expired on February 17, 2015. The LDRs allow the Board of Adjustment to consider a hardship when reviewing a request to renew /extend a Special Exception approval that has lapsed. The Applicant, Mr. Aaron Feng, has requested an extension /renewal of the above Special Exceptions. He has submitted a detailed explanation as to why the business has not yet opened and why the extension /renewal is necessary. After reviewing the information provided by Mr. Feng, it is clear that he has made substantial and concrete progress towards improving the property and opening the business. I believe that that these efforts meet the intent of the provision allowing the Board to renew the Special Exception approvals. While Mr. Feng's request is for an extension /renewal to September 1, 2015, should the Board be favorably disposed towards granting the extension /renewal, I suggest that it should not exceed the term of the original approval, i.e., 180 days. This would indicate that the extension/ renewal should be granted only for a period of 180 days beginning on February 17, 2015. Providing Planning and Management Solutions for Local Governments Since 1988 1375 Jackson Street, Suite 206 Fort Myers, FL 33901 239 -334 -3366 www.larueplanning.com FEB :232075 February 23, 2015 XUEHAI FENG (AARON) MODILI INTERNATIONAL USA, INC 863 -582 -5668 3509 NW 38TH AVE Okeechobee, FL, 34972 Application to Extend the Zoning Exception Permits To Whom It May Concern: I am writing this letter is to state my current situation about the tire sale and auto repair business and ask whether the Board of Adjustments can extend my zoning exception permits (14- 003 -SE and 14- 004 -SE) for six month until September 1, 2015 and the property site address is 1127 SW Park Street, Okeechobee, FL 34972. I was told that the zoning exception permits only valid for 180 days to February. I want to open the store as soon as possible but now I feel great pressure for opening the store to public in February. There are some reasons for me to request to extend the zoning exception permits: 1) Unfamiliar with policies and license process in USA. I am not the U.S citizen and currently I still hold the business visa. I came here four years ago for MBA study and graduated with four MBA degrees in June of 2014. I just started the business and do not have much experience in tire sales industry and has not hire experience people to help me to run the tire store. Everything for me is new. I have more difficulty in running the business at the beginning. As famous Chinese proverb says: The first step is always the hardest and well begun is half done. We want to sufficiently prepared and make everything in order and then open the store. 2) Renovation takes a longer time than it is expected. I spent 3 months to deal with the renovation. I have no experience for renovation. The renovation proposal is quite different from it is in China. So it takes a little longer time for me to learn the process and find the local contractors. The contractor providing proposal for renovation also takes nearly one month and I got initial renovation proposal in November. We want to add a showroom inside of building. I leant to how to find the renovation contractor and told them city improvements about the property, such as improving driveway, landscaping, and parking improvements and want to add a tire display show room. 3) One more month for renovation completion. By now, outside driveway concrete work and parking places has not completed. The contractor said the total renovation will take at least one and half month. So the renovation is supposed to complete in beginning of February. However, now the inside painting and floor are almost finished except little electric part. The outside driveway and parking place pavement has not completed. The landscaping work is finished (eight oak trees is planted along the store front and side of driveway). 4) Half month for business license and one month for inventory prepared. From my knowledge, the business license can be given only after the renovation complete. The total renovation and improvement is supposed to finish in the middle of March. After renovation completion is inspected, I will go for getting the business license in March. So the earlier time for business license is at the end of March. After getting license, the tire import and container ship from China will take at least 20 days. I do not know whether I can order tires container and get inventory before I get the license. Suppose I get license and then let the tire container ship from China in end of March, I will get tire inventory in end of April. This is the fast time I can get the inventory. Plus, all the tire factories are closed because of the Chinese New Year holiday. The Chinese New year will last fifteen days from February 18, 2014. So I cannot order the tire container until March 6, 2015. 5) One month for people training process. In terms of hiring people, I want to hire local people to run the business because they are more easily to contact local people and familiar local customer needs and wants. I also need to get quality mechanic people and polite salespeople to better service the local people otherwise we cannot survive in this competing tire industry. Therefore, after renovation, the people hiring and training will also take at least one month. I have already started the hiring work and gave job position description to CareerSource and they have referred me two bookkeeper candidates. 6) Business visa extension concerns. Currently, I hold business visa. However, normally USCIS only give six month maximum business visa and then applicants can apply for another six month maximum extension. I have applied for the business visa in November for six month extension to May 31, 2015 and now the extension application is pending now. If business visa expires before I get store open, I must go back China for a while and then come back USA again. That will delay the store open at least to September. My company has not hired people yet and I try to hire local experienced people to help me to operate tire store, such as mechanic, office assistant, and store manager. I must hire experienced people to operate my tire store before I going back China before my business visa expires. Recently I am busy to work with contractors to make some renovations for my tire stores and make the improvements for property to meet the city requirements. The maximum length of business visa is six month until 5/31/ 2015, but I should wait USCIS's results in March (pending now). Therefore, I hope City Board of Adjustments can consider my particular situation and possibly consider whether can extend my zoning exception permits for six month until September 1, 2015. So I can have sufficient time in completing renovation work, hiring people and training, and ordering and shipping tire container. Please find the following document enclosed herewith: Recruitment Plan for Store Open 2015 Annual Report for Company Your favorable consideration regarding zoning permits extension will be highly appreciated. If any questions regarding this matter, please kindly contact me at the above address. MODILI INTERNATIONAL USA, INC President: XUEHAI FENG Signature: 2/23/2015 Modili International USA, Inc Xuehai Feng (AARON) 863 -582 -5668 AARONFXH @gmail.com 1127 SW Park Street, Okeechobee, FL, 34972 Recruitment Plan for Store Open I want to hire local people to run the business because they are more easily to contact local people and familiar local customer needs and wants. I also need to get quality mechanic people and polite salespeople to better service the local people otherwise we cannot survive in this competing tire industry. We want to sufficiently prepared and make everything in order and then open the store. At least 3 people are needed before the store open: Inventory assistant: $10 -11 per hour 1) Familiar and able to effective lean with inventory management and process 2) Familiar and able to effective learn with logistics and custom clearance 3) Probably manage inventory and restock inventory when needed 4) Contact and explore potential wholesale customers in center and south Florida. 5) Timely update product information, price, and quantity in website Warehouse keeper: $10 -11 per hour 1) Unload and loading inventory 2) Probably display and organize products in warehouse and showroom 3) Stocktaking 4) Familiar or able to effective lean to tire change, tire rotation, tire balance, and alignment. Office assistant: $10 -11 per hour 1) Familiar or able to effective lean to check in process and POS system 2) Polite manner in reception 3) Answer phone 4) Timely update product information and price in the showroom 5) Familiar with company filing and probably organized sales order and receipts, and filing documents. Auto repair technician: $11.35 per hour 1) Familiar with the tire and auto repair industry 2011 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P13000080155 Entity Name: MODILI INTERNATIONAL USA, INC Current Principal Place of Business: 1127 SW PARK STREET OKEECHOBEE, FL 34974 Current Mailing Address: 1127 SW PARK STREET OKEECHOBEE, FL 34974 US FEI Number: 46.3773306 Name and Address of Current Registered Agent: FENG, XUEHAI 3509 NW 38TH AVE OKEECHOBEE, FL 34972 US FILED Feb 16, 2015 Secretary of State CC0181036173 Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Officer/Director Detail : Title PRESIDENT Title VP Name FENG, XUEHAI Name FENG, KEWU Address 3509 NW 38TH AVE Address 3509 NW 38TH AVE City- State -Zip: OKEECHOBEE FL 34972 City- State -Zip: OKEECHOBEE FL 34972 Date I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that l am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: XUEHAI FENG PRESIDENT 02/16/2015 Electronic Signature of Signing Officer /Director Detail Date 2) Skills and experience in auto repair (no need to know mechanic repair) 3) Keeps equipment available for use by inspecting and testing vehicles; completing preventive maintenance such as, engine tune -ups, oil changes, tire rotation and changes and repair, wheel balancing, replacing filters. 4) Keeps shop equipment operating by following operating instructions; troubleshooting breakdowns; maintaining supplies; performing preventive maintenance; calling for repairs. Bookkeeper: $13 -17 per hour 1). Prepares asset, liability, and capital account entries by compiling and analyzing Account information. 2). Documents financial transactions by entering account information.. 3)Summarizes current financial status by collecting information; preparing balance Sheet, profit and loss statement, and other reports. 4). Maintains accounting controls by preparing and recommending policies and procedures. 5). Secures financial information by completing data base backups. 6). Prepares payments by verifying documentation, and requesting disbursements. 7). Familiar with or able to effective learn the corporation tax return forms completion, such as 1120, form 944 form 940. Wholesales people $10 -15 per hour commission apply, two tire sale with one dollar commsion 1) Preparing price list for tires and other accessories price lists 2) Exploring big tire wholesalers or buyers in South Florida 3) Maintain an awareness of all promotions and advertisements. 4) Assist in completing price changes with the tire importing price. 5) Participate in inventory and cycle counts and cooperate with other coworkers 6) Updating the price list in store, website, and customers. 7) Assisting in inventory staffs with the timely restock, such as quantity, brand, and types. 8) Contact new and existing customers to discuss their needs and to explain how specific products and services can meet these needs 9) Help customers select products based on the customers' needs, product specifications, and regulation 10) Negotiate prices and terms of sale and service agreements 11) Prepare sales contracts and submit orders for processing 12) Follow up with customers to make sure they are satisfied with their purchases and to answer any questions or concerns If anybody knows some suitable people regarding above job positions, please do not hesitate to refer them to me