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1199 #19-005-R H to RMFORDINANCE NO. 1199 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING TO RESIDENTIAL MULTIPLE - FAMILY ZONING DISTRICT (PETITION NO. 19-005-R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Mr. Reuven Rogatinsky has heretofore filed Petition No. 19-005-R, on behalf of the property owner Frank Altobello Charitable Remainder Trust III, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of approximately 19.01 unplatted acres from Holding to Residential Multiple Family; and WHEREAS, said Petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the Applicant, that such Petition is consistent with the Comprehensive Plan; and WHEREAS, said Petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on September 19, 2019, determined that such Petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds such Petition No. 19-005-R to be consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth. NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1: LEGAL DESCRIPTION. The following described land consisting of approximately 19.01 unplatted acres, as the subject property, located in the City of Okeechobee, to -wit: TWO UNPLATTED PARCELS OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING WITHIN THE PLAT OF THE CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH 89°53'11" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SOUTHWEST 6TH STREET, A DISTANCE OF 285.32 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°53'11" WEST TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DISTANCE OF 725.50 FEET; THENCE BEAR NORTH 00°04'58" WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FEET; THENCE BEAR NORTH 89053'58" EAST, A DISTANCE OF 725.33 FEET; THENCE BEAR SOUTH 00006'02" EAST, A DISTANCE OF 547.28 FEET TO THE POINT OF BEGINNING. CONTAINING 9.12 ACRES, MORE OR LESS; together with COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH 89°53'11" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SOUTHWEST 6TH STREET, TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DISTANCE OF 1010.82 FEET; THENCE BEAR NORTH 00004'58" WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FEET TO THE POINT OF Ordinance No. 1199 Paae 1 of 2 BEGINNING; THENCE CONTINUE NORTH 00°04'58" WEST, A DISTANCE OF 547.44 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 202, CITY OF OKEECHOBEE; THENCE BEAR NORTH 89°54'50" EAST, TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 293, PAGE 257, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 704.88 FEET; THENCE BEAR NORTH 00`04'58" WEST, A DISTANCE OF 398.67 FEET TO THE INTERSECTION WITH A CURVE IN THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTHWEST 2ND STREET; SAID CURVE CONCAVING TO THE NORTHWEST, HAVING A RADIUS OF 402.71 FEET, A DELTA ANGLE OF 11011'52" AND A LONG CHORD BEARING NORTH 62053'33" EAST, A DISTANCE OF 78.58 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 78.71 FEET; THENCE BEAR SOUTH 00004'58" EAST, A DISTANCE OF 534.67 FEET; THENCE BEAR SOUTH 89054'50" WEST, A DISTANCE OF 49.69 FEET; THENCE BEAR SOUTH 00006'02" EAST, A DISTANCE OF 447.25 FEET; THENCE BEAR SOUTH 89053'58" WEST, A DISTANCE OF 725.33 FEET TO THE POINT OF BEGINNING. CONTAINING 9.90 ACRES, MORE OR LESS. SECTION 2: ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property to be changed from Holding to Residential Multiple Family. SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective thirty-one (31) days after its adoption if the associated Comprehensive Plan Amendment (19 -003 -SSA) is adopted and not timely challenged. If the Comprehensive Plan is timely challenged, this ordinance shall become effective on the date the Slate Land Planning Agency or the Administration Commission enters a final order determining the Comprehensive Plan Amendment to be in compliance. INTRODUCED for First Reading and set for Final Public Hearing on this 15th day of October, 2019. ATTEST: Lane Gamiotea, CM , City Clerk Dowling R. Wa rd, J ., Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 5th day of November, 2019. ATTEST: r Lane'-Gamiotea, C,iMC, City Clerk Dowling R. W fFord, Jr., Mayor REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1199 Pane 9 of 9 City of Okeechobee General Services Department 55 S.E. 3`a Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 9820 Fax: (863) 763-1686 Date:fli-jet Petition No. 1Q_005— R Fee Paid: ' qa0 3D clk ID( Jurisdiction: ?11) 1-0L 1st Hearing: q. (Qe i, 2nd Hearing: i0 -15-1q t I l-5—17 Publication Dates: Notices Mailed: q- LI- I61 Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III 2 Owner mailing address: P.O. BOX 417, OKEECHOBEE, FL 34973 3 Name of applicant(s) if other than owner: REUVEN ROGATINSKY 4 Applicant mailing address: 3113 STIRLING ROAD, SUITE 103, FT. LAUDERDALE, FL 33312 E-mail address: reuvenr1725@gmail.com 5 Name of contact person (state relationship): STEVEN L DOBBS - CONSULTANT 6 Contact person daytime phone(s): 863-824-7644 SclObhS e icve-doba: PROPERTY INFORMATION Pnolrweril. ('GCvl Property address/directions to property: 700 BLOCK SW 6TH STREET, OKEECHOBEE, 800 FL 34974 HVVY 441 SOUTH, TURN RIGHT ONTO NW 6TH STREET. PARCEL STARTS APPROXIMATELY 700FT FROM SW 7TH AVE ON RIGHT. 8 Describe current use of property: AGRhCULTURAL 9 Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. VACANT Source of potable water: OUA Method of sewage disposal: OUA 10 Approx. acreage: 19.01 Is property in a platted subdivision? 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 12 Is a pending sale of the property subject to this application being granted? YES 13 Describe uses on adjoining property to the North: North: SINGLE FAMILY East: UNDEVELOPED South: SINGLE FAMILY/UNDEVELOPED/CHURCH West: SINGLE FAMILY/CHURCH 14 Existing zoning: HOLDING Future Land Use classification: SINGLE FAMILY 15 Have there been any prior rezoning, property? (X )No ( )Yes. If special exception, variance, or site plan approvals on the yes provide date, petition number and nature of approval. 16 Request is for: (X) Rezone ( ) Special Exception () Variance 17 Parcel Identification Number: 2-21-37-35-0A00-00006-0000, 2 -21 -37 -35 -0A00 -00006-D000 (Rev 9/2017) 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. Printed Name _�- REUVEN ROGSTINSKY Date For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 9/2017) Page 2of11 REQUIRED ATTACHMENTS 18 Applicant's statement of interest in property: CONTRACT PURCHASER 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: 12/03/2009 21 Notarized letter of consent from property owner (if applicant is different from property owner) 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) 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 _�- REUVEN ROGSTINSKY Date For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 9/2017) Page 2of11 A ADDITIONAL INFORMATION REQUIRED FOR A REZONING Current zoning classification: HOLDING Requested zoning classification: MULTI FAMILY R �" ' ii; B Describe the desired permitted use and intended nature of activities and development of the property? , ; APARTMENT COMPLEX C Is a Special Exception necessary for your intended use? ( X ) No (_) Yes If yes, briefly describe: D Is a Variance necessary for your intended use? ( X ) 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. 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 9/2017) Page 6of11 Emerald Greens Parcel Responses to Standards for Considering Changes in Zoning 1. The proposed change is not contrary to the Comprehensive Plan Requirements; The proposed request in not contrary to the Comprehensive plan requirements and is currently zoned Holding and the surrounding properties are zoned single family and multi -family. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations; The proposed of apartments on multi -family zoned land is specifically authorized under the proposed zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest; The proposed land use change should have a positive impact on the public interest to develop land that has access to all utilities and roads and bring the land value up as a developed parcel instead of undeveloped. 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 patters; The proposed use is appropriate for the location and compatible with the adjacent land uses. 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; The proposed use should positively impact property values, living conditions and be an improvement to the adjacent property and develop previously undeveloped land. 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 proposed use can be suitably buffered from surrounding unlike uses to the east, west and north. The parcel is bounded to the south by SW 6th Avenue. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services; The use will not create density patterns that would overburden any public facilities. The potential development impacts will be within the already available amenities. 8. The proposed use will create traffic congestion, flooding, or drainage problems, or otherwise affect public safety; The proposed use will not impact traffic congestion as this is already a heavily traveled street with adequate capacity for the additional traffic. To the south, there is a swale along SW 6th Avenue that will drain to the east to SW 7th Avenue ditch, a major collector in the City that discharges directly into the Rim Canal adjacent to Lake Okeechobee. This project will not adversely affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions; The proposed use has not been inordinately burdened by unnecessary restrictions. The Emerald Greens Apartments (Description of requested land use change and reason for request) The Rogatinsky Firm, has a contract to purchase approximately 19.1 acres located in Section 21, Township 37S, and Range 35E. The property's parcel ID is 2-21-37-35- 0A00-00006-0000 and 2 -21 -37 -35 -0A00 -00006-D000. It is currently located in the City of Okeechobee with a current zoning of Holding. The primary intent of rezoning this parcel is to change the zoning to multi -family. The proposed zoning is consistent with adjacent lands at this location surrounded by single family, churches, and other multifamily lands. This application is for the City to grant a zoning on this parcel from the existing Holding to Multi -Family Residential. There are two access to the property, one on SW 8th Avenue and the other to the south off" 6th Street. The Rogatinsky Firm requests that the Planning Board recommend to the City Council to grant the request to zone this parcel of land to Multi -Family Residential. This Instrument Prepared By TOM W. CONELY, III, ESQUIRE CONELY & CONELY, P.A. Post Office Drawer 1367 Okeechobee, Florida 34973-1367 Parcel Number: 2-21-37-35-0A00-00006-0000 2 -21 -37 -35 -0A00 -00006-D000 I IIII II II I li IIIII IIIII I I III Ilnl II I II IIHI IIIII IIIII I I II I III FILE NUM 2009013478 OR BK O0679 PG 1002 SHARON ROBERTSON, CLERK. OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 12/03/2009 11:53:14 AM AMT 10.00 RECORDING FEES 18.50 DEED DOC 0.70 RECORDED BY M Pinon Pas 1002 - 1003; (2pes) QUIT CLAIM DEED [PREPARED WITHOUT EXAMINATION OF TITLE] THIS INDENTURE made the 113/ day of November, 2009 by OKEECHOBEE UTILITY AUTHORITY, hereinafter called first party, to FRANK ALTOBELLO, as Trustee of the Frank Altobello Charitable Remainder Trust III dated April 16, 2003, andMILDRED FRANCES ALTOBELLO, whose post office address is P.O. Box 417, Okeechobee, FL 34973-0417, hereinafter called the second party: (Wherever used herein the tens 'fust party" and "second party" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the said first party, for and in consideration of ONE DOLLAR and other valuable consideration, receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in Okeechobee County, Florida, viz: AND TWO UNPLATTED PARCELS OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING WITHIN THE PLAT, OF THE CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH 89°53'11" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 6m STREET, A DISTANCE OF 285.32 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°53'11 WEST TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DISTANCE OF 725.50 FEET; THENCE BEAR NORTH 00°04'58" WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FEET; THENCE BEAR NORTH 89°53'58" EAST, A DISTANCE OF 725.33 FEET; THENCE BEAR SOUTH 00°06'02" EAST, A DISTANCE OF 547.28 FEET TO THE POINT OF BEGINNING. CONTAINING 9.12 ACRES, MORE OR LESS. COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH 89°53'11" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 6 rx STREET, TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DISTANCE OF 1010.82 FEET; THENCE BEAR NORTH 00°04'58" WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00°04'58" WEST, A DISTANCE OF 547.44 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 202, CITY OF OKEECHOBEE; Book679/Page1002 CFN#2009013478 Page 1 of 2 THENCE BEAR NORTH 89°54'50" EAST, TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 293, PAGE 257, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 704.88 FEET; THENCE BEAR NORTH 00°0458" WEST, A DISTANCE OF 398.67 FEET TO THE INTERSECTION WITH A CURVE IN THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTHWEST 21(13 STREET; SAID CURVE CONCAVING TO THE NORTHWEST, HAVING A RADIUS OF 402.71 FEET, A DELTA ANGLE OF 11°11'52" AND A LONG CHORD BEARING NORTH 62°53'33" EAST, A DISTANCE OF 78.58 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 78.71 FEET; THENCE BEAR SOUTH 00°04'58" EAST, A DISTANCE OF 534.67 FEET; THENCE BEAR SOUTH 89°54'50" WEST, A DISTANCE OF 49.69 FEET; THENCE BEAR SOUTH 00°06'02" EAST, A DISTANCE OF 447.25 FEET; THENCE BEAR SOUTH 89°53'58" WEST, A DISTANCE OF 725.33 FEET TO THE POINT OF BEG CONTAINING 9. 0 ACRES, OR LESS. The purpose of this quit -claim r - 's to release the real property described herein from that certain Okeechobee Utility Authority Water and Wastewater System Standard Developer's Agreement and First Addendum ("Standard Developer's Agreement) dated November 7, 2006 and recorded in Official Records Book 618 at page 1724, public records of Okeechobee County, Florida, and to confirm that none of the Equivalent Residential Connections (ERCs) reserved therein shall attach to and become a part of the real property described herein nor shall any special non -ad valorem assessments therefor be assessed against said real property by first party. TO HAVE AND TO HOLD the same together with all and singular the appurtenances there unto belonging or in any wise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behalf of the said second party forever. IN WITNESS WHEREOF, the said first party has caused these presents to be executed by its duly authorized officers the day and year first above written. Signed, sealed and delivered in our 'resence: / A d t IL,,I. tress Siegisry tdJ�1lYt�l t�/ Printed Nr. OKEECHOBEE UTILITY AUTHORITY By: Q Frank Irby, Cha' 46S Witness Signature 100 SW 5'h Avenue Printed Name:___ n O. Yi n m o 5 Okeechobee, FL 34974 STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this /7 M day of N ember, 2009 by FRANK IRBYthe chairman ofthe OKCEECHOBEEUTILITY AUTHORITY; he[' ersonally known to me or [ ] produced /(i/# as identification Wl-Cet.e516a4414,41 NOTAtY PUBLIC LYNETTE MARIE LOWE 4°.41;'''''' ; Notary Public - SUU of Florida • My Commission Expires Sap 2, 2011 Commission N DD 690650 �'t•L.7rr,"',A Bonded Through Notional Notary Asst. Book679/Page1003 CFN#2009013478 Page 2 of 2 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 E POWER OF ATTORNEY Name of Property Owner(s): FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III Mailing Address: P.O. 130X 417, OKEECHOBEE, FL 34973 Home Telephone: Work: Cell: 863-610-0592 Property Address: 700 BLOCK OF SW 6TH STREET Parcel ID Number: 2-21-37-35-0A00-00006-0000, 2 -21 -37 -35 -0A00 -00006-D000 Name of Applicant: REUVEN ROGATINSKY Home Telephone: Work: Cell: 954-536-6081 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 IMHEREOF THE UNDERSIGNED HAVE SET THEIR HAND DAY OF „LI._ a '1 201 ' AND SEALS THIS ar2c/ l4-li4 /. IA -et a F'<, • 6c,4 C.y - '....1Vt. OWNER / WITNESS OWNER Before me the undersigned authority personally appeared the owner(s) named acknowledged before me that they are the owner(s) of the real property described power of attorney for the purpose stated therein. Sworn and subscribed this 4 Notary Public: i I ,,I� , . /, / SEAL WITNESS above who upon being duly sworn above and th t they executed the day of % 204'. Commission Expir• : fa..- /5 ena. i ors/ *etc Notary Public State of Florida , Denise Ann Dunlop M + My Commission GG 159147 'i a Expires 12115/2021 (Rev 9/20171 Page 5 of 11 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): FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III Mailing Address: P.O. BOX 417, OKEECHOBEE, FL 34973 Home Telephone: Work: Cell: 863-610-0592 Property Address: 700 BLOCK OF SW 6TH STREET Parcel ID Number: 2-21-37-35-0A00-00006-0000, 2 -21 -37 -35 -0A00 -00006-D000 Name of Applicant: REUVEN ROGATINSKY Home Telephone: Work: Cell: 954-536-6081 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 DAY OF .-Lily 20 J' SEALS THIS 3 / W Ll OWNER WI WITNESS OWNER WITNESS Before me the undersigned authority personally appeared the owner(s) named above who acknowledged before me that they are the owner(s) of the real property described above power of attorney for the purpose stated therein. Sworn and subscribed this Si ay nnnnnnn� QC. MICHAEL Notary Public: 4 - - ' = . . - SEAL MYCOMMISSION upon being duly sworn and that they executed the of 3-011 201 BAGGOTT S(11111153 lune 04, 2021 Commission Expires: - V a/,adT EXPIRES: (Rev 9/2017) Page 5 of 11 THE FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III -B AGREEMENT DATED 4 „? tt< TAXPAYER IDENTIFICATION NUMBER: 26-G300,9'0-'1 him. FRANK ALTOBELLO expressly reserves the power, exercisable by Will, to terminate the interest of the ALTOBELLO IRREVOCABLE FAMILY TRUST DATED APRIL 16, 2003 under the Trust. If FRANK ALTOBELLO exercises such power, no payments shall be made hereunder to the ALTOBELLO IRREVOCABLE FAMILY TRUST DATED APRIL 16, 2003. Instead, payment of the balance of the Trust's assets, including any amounts that have accrued since the last payment to FRANK ALTOBELLO, shall be made pursuant to Article III herein. B. Definition of Unitrust Amount. The Unitrust Amount shall be an amount equal to the following: 1. Unitrust Amount Before Effective Conversion Date. Until the first to occur of the expiration of the Trust Term (as defined in Paragraph D. of this Article) and the Effective Conversion Date, as defined in Subparagraph B.2. of this Article, the "Unitrust Amount" shall be an amount equal to the lesser of (a) the Trust income for such taxable year, as defined in Section 643(b) of the Code and the Treasury Regulations thereunder; and (b) seven percent (7%) of the net fair market value of the Trust assets valued as of the first day of such taxable year. If the Trust income for any taxable year exceeds the amount determined under Subparagraph B.1.(b) of this Article, the Unitrust Amount for such taxable year shall also include such excess income to the extent that the aggregate of the amounts paid to the Recipient in prior years is less than seven percent (7%) of the aggregate net fair market value of the Trust assets for such years ("Makeup of Short -Fall Amounts"). 2. Unitrust Amount On or After Effective Conversion Date. At the beginning of the first taxable year following the year in which occurs the Triggering Event, as described in Subparagraph B.3. of this Article, the Unitrust Amount shall be computed under the fixed percentage method. Commencing with the first day of the taxable year following the year in which occurs the Triggering Event (the "Effective Conversion Date"), in each taxable year of the Trust until the expiration of the Trust Term, the Unitrust Amount shall be an amount equal to seven percent (7%) of the net fair market value of the Trust assets valued as of the first day of such taxable year. Commencing with the Effective Conversion Date, the Recipient shall forfeit any Makeup of Short -Fall Amounts; however, any makeup of Short -Fall Amounts prior to the Effective Conversion Date are to be satisfied with income realized prior to that date. 3. Triggering Event. The sale or exchange of the real property initially transferred to the Trust and described on Schedule "A" shall be the triggering event. C. Valuation. In computing the net fair market value of the Unitrust assets, there shall be taken into account all assets and liabilities without regard to whether particular items are taken into account in determining the income of the Unitrust. In determining the Unitrust Amount, the trust assets shall be valued as of the time of contribution. All valuations shall be made in accordance with Section 664 of the Code and corresponding Treasury Regulations. D. Trust Term. The "Trust Term" shall begin on the date this Trust is executed and shall expire upon the first to occur of (1) the death of FRANK ALTOBELLO, if (a) FRANK ALTOBELLO survives ETHEL ALTOBELLO and MILDRED FRANCES ALTOBELLO, or (b) FRANK ALTOBELLO predeceases ETHEL ALTOBELLO and/or MILDRED FRANCES ALTOBELLO, but effectively exercises his testamentary power to terminate the interest of the 2 ALTOBELLO IRREVOCABLE FAMILY TRUST DATED APRIL 16, 2003 under the Trust; and (2) the expiration of the twenty (20) year term beginning with the date of FRANK ALTOBELLO's death, if FRANK ALTOBELLO predeceases ETHEL ALTOBELLO and/or MILDRED FRANCES ALTOBELLO and does not effectively exercises his testamentary power to terminate the interest of the ALTOBELLO IRREVOCABLE FAMILY TRUST DATED APRIL 16, 2003 under the Trust. E. Source and Timing of Payment. The Unitrust Amount shall be paid quarterly on the last business day of each calendar quarter; provided, however, that with regard to the fourth calendar quarter, such Unitrust Amount may be paid within a reasonable time, as that term is defined in Treasury Regulations Section 1.664-3, after the close of the taxable year, if: (i) the entire Unitrust Amount in the hands of the Recipients is characterized only as income from the categories described in Code Sections 664(b)(1), (2) or (3); and/or (ii) the Trust distributes property (other than cash) that it owned at the clpse of the taxable year to pay the Unitrust Amount and the Trustee elects to treat any income generated by the distribution as occurring on the last day of the taxable year in which the Unitrust Amount is due. The Unitrust Amount shall be paid from income and, to the extent income is insufficient, then from principal. Any undistributed income of the Trust in excess of the Unitrust Amount shall be added to principal. If, for any taxable year, the net fair market value of the Trust assets is incorrectly determined, then within a reasonable period after the value is finally determined for federal tax purposes, the Trustee shall pay to the Recipients (in the case of an undervaluation) or receive from the Recipients (in the case of an overvaluation) an amount equal to the difference between the Unitrust Amount properly payable and the Unitrust Amount actually paid. The Unitrust Amount shall be paid in cash, in kind, or partly in each. ARTICLE IV. REMAINDER TO CHARITY Upon the expiration of the Trust Term, the Trustee shall distribute all of the then principal and income of the Trust to the Bishop of the Diocese of Palm Beach, or his successors in office, a "corporation sole," for the use and benefit of Sacred Heart Church of Okeechobee, Florida (hereinafter to be referred to as the "Charitable Organization"). The Bishop of the Diocese of Palm Beach, or his successors in office, shall have the sole discretion in making expenditures of such funds for the Charitable Organization; the priest of the Charitable Organization shall have no discretion with respect to such expenditures. If the Charitable Organization is not in existence at the expiration of the Trust Term or is not an organization described in Code Sections 170(b)(1)(A), 170(c), 2055(a) and 2522(a) at the time when any principal or income of the Trust is to be distributed to it, the Trustee shall distribute the balance of the principal and income to one or more organizations then so described as the Trustee shall select in its sole discretion and in such shares as it determines. ARTICLE V. ALLOCATION OF CAPITAL GAIN TO INCOME In calculating the Unitrust Amount for a taxable year that precedes the Effective Conversion Date, the Trustee shall allocate to income the excess, if any, of the proceeds from the 3 sale or exchange of Trust property over its fair market value on the date such property was contributed to the Trust or otherwise acquired by the Trustee. ARTICLE VI. TAXABLE YEAR; PRORATION OF UNITRUST AMOUNT The first taxable year of the Trust shall begin with the date of this Agreement and shall end on December 31, 2003. Subsequent taxable years shall be on a calendar year basis. In determining the Unitrust Amount, the Trustee shall prorate the same on a daily basis for a short taxable year and for the taxable year of the expiration of the Trust Term. ARTICLE VII. ADDITIONAL CONTRIBUTIONS PROHIBITED No contributions may be made to this Trust after the initial contribution has been made. ARTICLE VIII. PROHIBITED TRANSACTIONS Except for the payment of the Unitrust Amount to the Recipients, the Trustee is prohibited from engaging in any act of self-dealing as defined in Code Section 4941(d), from retaining any excess business holdings as defined in Code Section 4943(c) which would subject the Trust to tax under Code Section 4943, from making any investments which would subject the Trust to tax under Code Section 4944, and from making any taxable expenditures as defined in Code Section 4945(d). The Trustee shall make distributions at such time and in such manner as not to subject the Trust to tax under Code Section 4942. ARTICLE IX. TRUSTEE MUST NOT DISQUALIFY TRUST The Trustee is prohibited from exercising any power or discretion granted under any law or this Agreement that would be inconsistent with the qualification of the Trust under Code Sections 664(d)(2) and 664(d)(3) and the corresponding Treasury Regulations. A Trustee who is also a noncharitable beneficiary or the Grantor or a person who is related or subordinate to a noncharitable beneficiary or the Grantor (within the meaning of Code Section 672(c) and the Treasury Regulations thereunder), can value assets other than cash, cash equivalents, or marketable securities, or assets that can be readily sold or exchanged for cash or cash equivalents (within the meaning of Code Section 731(c) and the Treasury Regulations thereunder), only by a current qualified appraisal (as defined in Treasury Regulations Section 1.170A -13(c)(3)), from a qualified appraiser (as defined in Treasury Regulations Section 1.170A -13(c)(5)), to the extent required by the Code or the applicable Treasury Regulations. No other Trustee shall be required to use a current qualified appraisal from a qualified appraiser to value any Trust assets. ARTICLE X. LIMITED POWER OF AMENDMENT The Trust is irrevocable and the Grantor shall have no power to amend it, except that at any time that Grantor is living, the Grantor shall have the power to designate, add or delete 4 charitable organizations listed in the Article herein entitled "REMAINDER TO CHARITY." Notwithstanding the foregoing, each charitable organization so designated or added shall qualify as an organization described in Code Sections 170(b)(1)(A), 170(c), 2055(a), and 2522(a). Furthermore, the Trustee shall have the power, acting alone, to amend the Trust in any manner required for the sole purpose of ensuring that the Trust qualifies and continues to qualify as a charitable remainder unitrust that meets the requirement of Section 664 of the Code, and that permits a combination of methods for calculating the Unitrust Amount, as provided in Treasury Regulations Section 1.664-3(a)(1)(i)(c). ARTICLE XI. TRUSTEES A. Grantor shall serve as the initial Trustee of the Trust. If Grantor is unable to serve as Trustee for any reason, then WACHOVIA BANK, NATIONAL ASSOCIATION ("WACHOVIA") and FRANK IRBY shall serve as Successor Co -Trustees. Notwithstanding the foregoing, upon the date after the Triggering Event, WACHOVIA shall serve as Co -Trustee with Grantor. If Grantor is unable to serve as Co -Trustee for any reason, then FRANK IRBY shall serve as Co -Trustee with WACHOVIA. If FRANK IRBY is unable to serve as Co -Trustee for any reason, then DAVID PRATT, ESQ. shall serve as Co -Trustee with WACHOVIA. If DAVID PRATT, ESQ. is unable to serve as Co -Trustee for any reason, then TONY YOUNG, ESQ. shall serve as Co -Trustee with C.M. If FRANK IRBY, DAVID PRATT, ESQ. and TONY YOUNG, ESQ. are unable to serve as Co -Trustee for any reason, then WACHOVIA shall serve as sole Trustee. Mai Pc B. At any time that Grantor is living, the Grantor shall have the power to remove the Co -Trustee or Successor Trustee. In addition, the Grantor may, but need not, appoint a replacement Successor Trustee or Co -Trustee to the Successor Trustee or Co -Trustee so removed. Any such removal or appointment shall be made in writing delivered to the Trustee so removed or appointed. C. The Trustee may resign at any time by written notice to each beneficiary then eligible to receive payments from the Trust. D. Every successor Trustee shall have all the powers given the originally named Trustee. No successor Trustee shall be personally liable for any act or omission of any predecessor. A successor Trustee may accept the at;count rendered and the property received as a full and complete discharge to the predecessor Trustee without incurring any liability for so doing. E. The term "Trustee" and the pronouns therefor shall mean Trustee or Trustees from time to time qualified and acting and shall be construed as masculine, feminine or neuter, and in the singular or plural, as the sense requires. The term "Corporate Trustee" shall mean any financial institution or trust company which has trust powers and assets under administration in excess of One Hundred Million Dollars ($100,000,000). 5 F. No Trustee wherever acting shall be required to give bond or surety or be appointed by or account for the administration of any trust to any court. No statute with respect to underproductive property shall apply to any trust under this Agreement. ARTICLE XII. ADMINISTRATIVE PROVISIONS The following provisions shall apply to the Trust under this Agreement: A. Facility of Beneficiary Payments. If income or discretionary amounts of principal become payable to a beneficiary under legal disability or to a beneficiary not adjudicated incapacitated but who, by reason of illness or mental or physical disability, is in the opinion of Trustee, unable properly to manage his or her affairs, then such income or principal shall be paid in such of the following ways as Trustee deems best: (a) to the beneficiary directly or her attorney in fact; (b) to the legally appointed guardian; or (c) by Trustee directly for the beneficiary's benefit. B. Spendthrift Provisions. The interest of a beneficiary in principal or income shall not be subject to the claims of any creditor, any spouse for alimony or support, or others, or to legal process, and may not be voluntarily or involuntarily alienated or encumbered. C. Powers of Trustee. Trustee shall hold, manage, care for and protect the Trust property and shall have the following powers and except to the extent inconsistent herewith, those now or hereafter conferred by law: 1. To invest and reinvest in such properties (real or personal) as Trustee deems advisable including, but not limited to, common and preferred stocks, secured and unsecured obligations, partnership interests, interest in investment trusts, common trust funds, mutual funds, leases, life insurance policies and property that is outside of a Grantor's domicile; 2. To cause any property, real or personal, belonging to the Trust to be held or registered in Trustee's name or in the name of a nominee or in such other form as Trustee deems best without disclosing the Trust relationship; 3. To vote in person or by general or limited proxy, or refrain from voting, any corporate securities for any purpose, except that any security as to which Trustee's possession of voting discretion would subject the issuing company or Trustee to any law, rule or regulation adversely affecting either the company or Trustee's ability to retain or vote company securities, shall be voted as directed by the beneficiary then entitled to receive or have the benefit of the income from the Trust; to exercise or sell any subscription or conversion rights; to consent to and join in or oppose any voting trusts, reorganizations, consolidations, mergers, foreclosures and liquidations and in connection therewith to deposit securities and accept and hold other securities or property received therefor; 4. To lease Trust property for any period of time though commencing in the future or extending beyond the term of the Trust; 6 5. To borrow money from any lender, including any Trustee hereunder, extend or renew any existing indebtedness and mortgage or pledge any property in the Trust upon such terms and conditions as Trustee deems appropriate; 6. To sell at public or private sale, contract to sell, convey, exchange, transfer and otherwise deal with the Trust property, real or personal, and any reinvestment thereof from time to time for such price and upon such terms as Trustee deems appropriate; 7. To employ agents, attorneys and proxies and to delegate to them such powers as Trustee considers desirable and to pay reasonable compensation for their services; 8. To compromise, contest, prosecute or abandon claims in favor of or against the Trust, and to agree to any recision or modification of any contract or agreement; 9. To distribute income and principal in cash or in kind, or partly in each, and to allocate or distribute undivided interests or different assets or disproportionate interests in assets, and to value the Trust property and to sell any part or all thereof in order to make allocation or distribution. The value of property distributed in kind shall be determined as of the date or dates of distribution. No adjustment shall be made to compensate for a disproportionate allocation of unrealized gain for Federal income tax purposes. No action taken by Trustee pursuant to this paragraph shall require the consent of nor be subject to question by the beneficiary; and 10. To perform other acts necessary or appropriate for the proper administration of the Trust, execute and deliver necessary instruments and give full receipts and discharges. D. Limitation on Powers. The provisions of Paragraph C. of this Article shall be subject to the provisions in the Article herein entitled "PROHIBITED TRANSACTIONS" and Grantor's intent to establish a charitable remainder unitrust within the meaning of Rev. Proc. 90-30, Rev. Proc. 90-31 and Code Section 664(d)(2). ARTICLE XIII. INVESTMENT OF TRUST ASSETS Nothing in this Agreement shall be construed to restrict the Trustee from investing the Trust assets in a manner that could result in the annual realization of a reasonable amount of income or gain from the sale or disposition of Trust assets. ARTICLE XIV. GOVERNING LAW This Trust shall be governed by the laws of the State of Florida. 7 ARTICLE XV. DEATH TAXES The Grantor imposes an obligation on Grantor's estate to pay any Federal estate taxes, state death taxes or any other estate, death or inheritance taxes ("Death Taxes") from sources other than this Trust. No Death Taxes with respect to this Trust shall be allocated to or be recoverable from this Trust. This provision may be enforced by any Trustee or charitable organization named herein. ARTICLE XVI. ACCEPTANCE BY TRUSTEE Trustee hereby accepts the Trust herein created. [BALANCE OF PAGE HAS INTENTIONALLY BEEN LEFT BLANK] 8 IN WITNESS WHEREOF, Grantor signs, seals, publishes, and declares this instrument to be the FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III -B and, in the presence of the persons witnessing it at Grantor's request, this day of ,,qe, . , 2008. RANK ALTOBELLO, Grantor The foregoing was signed, sealed, published, and declared by FRANK ALTOBELLO, the Grantor, to be the FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III -B and signed in our presence and we at the Grantor's request and in the Grantor's presence, and in the presence of each other, hereunto subscribe our names as witnesses on the date last above mentioned. d? 932-44.4, residing at fa��i </wg. 31' 2V J�� , residing at dU6 /l/ M(272c='%7) /�'� ._ ze-a eis AT 55/972-- 9 IN WITNESS WHEREOF, Grantor and Trustee signs, seals, publishes, and declares this instrument to be the FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III -B and, for purpose of identification, in the presence of the persons witnessing it at Grantor's request, this /day of .../444,24 , 2008. State of Florida ) oK«(3ED ) ss. County of -Palm -Beach ) N,K ALTOBELLO, Grantor NKK ALTOBELLO, Granto We have been sworn by the officer signing below, and declare to that officer on our oaths that the Grantor declared the instrument to be the Grantor's CHARITABLE REMAINDER TRUST III -B and signed it in our presence and that we each signed the instrument as a witness in the presence of the Grantor and of each other. re residing at (5/4P -e --4045/6„,e4; v19 -y residing at Lgob /iz1e ,i7r ' ACKNOWLEDGED AND SUBSCRIBED, BEFORE ME by FRANK ALTOBELLO, Grantor, who [1,11 personally known to me, OR [ ] has produced as identification; AND SWORN TO AND SUBSCRIBED BEFORE ME by the Witnesses: Cl h1�5 v�1��Cu� , witness, who [ ']is personally known to me, OR [ ] has produced 7 as identification; AND ,..:s i .' £ IAA )1 ituit witness, who [ s personally known to me, OR [ ] has produced as identification; and subscribed by me in the presence of the Grantor and the subscribing witnesses, all on 2008. . . , My Commission Expires: Notary Publi Print Name: S V e-70 IA WI I I I a- l \``S0iWILL ',,'�. ��i *: _ �.� �N: FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III -B SCHEDULE A Real Property legally described as follows: (See attached Schedule "B" for complete legal description) Date: ,:5/25//. z* i, NK ALTOBELLO, Trustee 8/5/2019 Wachovia Is Now Wells Fargo - Wells Fargo MARCillivARIC Wachovia Is Now Wells Fargo Founded in Winston-Salem, N.C. as Wachovia National Bank on June 16, 1879, Wachovia grew to be one of the largest diversified financial services companies in the United States. It traded on the New York Stock Exchange under the symbol WB. Wachovia provided a broad range of retail banking and brokerage, asset and wealth management, and corporate and investment banking products and services to customers through 3,300 retail financial centers in 21 states, along with nationwide retail brokerage, mortgage lending, and auto finance businesses. Globally, Wachovia served clients in corporate and institutional sectors and through more than 40 international offices. Wachovia is acquired WACHOVIA In 2008, Wells Fargo & Company acquired Wachovia Corporation to create North America's most extensive distribution system for financial services, Wells Fargo provides banking, insurance, investments, mortgage, and consumer and commercial finance through approximately 5,400 branches, more than 13,000 ATMs, the internet (wellsfargo.com), and other distribution channels across North America and internationally. The integration of Wachovia and Wells Fargo is complete, and all Wachovia accounts have been moved to Wells Fargo. Need help? If you are a customer and want to access your accounts online, please go to wellsfargo.com. If you have questions, please call us at 1 -800 -TO -WELLS (1-800-869-3557). For business accounts, please call 1 -800 -CALL -WELLS (1-800-225-5935). Phone Bankers are available 24 hours a day, 7 days a week. Deposit data as of June 30, 2008 (pro forma for acquisitions; excludes deposits greater than $500 million in a single banking store.) LRC -0619 © 1999 - 2019 Wells Fargo. All rights reserved. NMLSR ID 399801 https://www.wellsfargo.com/about/corporate/wachovia/ 1/1 1 am 1 4." ark ALTA/ACSI LAND 379E 74 TOPOGRAPHICAL SURVEY ADDED WETLANDS ADDITIONAL TORO E: TREES 03/29/19 04/28/19 07/25/19 349/12-16 350/31 351/68 DM KB DM KAB KAB KAB 1' /019' IMMO Mg. 33058 1 \!Or / #aa BOUNDARY & TOPOGRAPHICAL SURVEY PREPARED FOR ROGATINSKI OESC/P/PRC9 RE07E0 4009 OFFICIAL RECORDS BOO( 679, PACE 1002 790 UNPLAT7E0 PARCELS OF LAND, 5710744 A5 7742 RAILROAD ORO/NOS LYING 4117/M✓ INE PLAT OF TAW 1777 Or OKEEE MBE£ AS RECORDED AI PLAT 8900' 5 PACE 5 PUBUC RECORDS Or CKEEO/LIBEE cowry, FLORIDA, 5EC770N 21, 109719120 37 507/774 RANGE .75 EASE OKEECHOBEE C0UN7Y, 4L0770A BERG MORE PARI7CULARLY OESUR/890 AS 70110451 Cc7IIENCE AT 720E 506/7IMEST CORNER OF 71447 PARCEL etc LAND DESCRIBED N O.R. BOOP 452, PACE 1456 PUBLIC RECORDS Cr OKEECHOBEE O?CW7Y, FLORIDA AND BEAR SOUR 8917'11' 11E37 ALGVC THE NORTH RIGHT-OF-WAY LINE OF SW 6771 57REE7, A DISTANCE OF 28532 /EET, 7O 7720 PONT OF BEGINNING THENCE OW7711( SOUTH 890371' NEST TO 771E N7E-R.5E8170 7471 774E EAST CME Or BLOC/ 202, 117Y OF 067104 BE5 A DISTANCE OF 72550 FEED, 1746VCE BEAR NORM 000438' NEST, ALONG THE e..457 LANE OF BLOOM 202 A DISTANCE OF 547.44 FEET, nicer BEAR NORTH 6953'16' EA57; A ATKANC' O' 72553 FE17.• THENCE BEAR SOWN 000602' EASE A DISTANCE OF 54728 FEET 10 11E PORT OF HEW.7N5 CONTAINING 9.12 ADIPES MORE OR LESS. AIM COMMENCE .47 717E SONNNEST CORNER OF 17147 PARC22 Of LAND DESCRIBED R OR. BOON 452 PACE 7436 P05718 RECORDS 05 O9rEE1IG1EE C0 1175 FLORIDA AFM BEAR 107/104 6945'11' NEST ALONG 711E NORTH R/017 -O5 -WAY LME OF SW 6774 S7REET, TO THE M7ERSECI7O7 74711 771E EAST LME O" BLOOD 205 CITY O" ONEEOKREE 4 INSTANCE OF 707a82 FEET mace 136477 NORTH 00171'18' NES7, ALOVC 771E EAST LME OF BLOCK 205 A 0/57ANCE 0c 54744 /LET 10 7742 PONT O'BEONNWG THENCE CONnNUE NOP774 000156' NEST, A DISTANCE Or 547.44 FEET TO 7042 NORTHEAST COINER OF LOT .5 BLOCK 202 CITY Or ONEEOY7805 THENCE BEAR NORM 895450' EAST, 70 INE 50/7HEAST CORNER OF THAT PARCEL OF LAAO DESCRIBED IN OR. BOON 295 PACE 257, PUBLIC RECORDS OF OOEE04QBEE CCK/NTE FLORIDA A DISTANCE OF 70488 FEET, !HENCE BEAR NORM 007458' NEST. A DISTANCE O' 39667 FEET 78 71/£ MITR5EC7IOR NIM A CURIE N INE SOUIIERLY RICHT-OF-WAY LAVE CK SOL/7INEST 2710 STREET,' SAID CURIE CQVGWNG 70 7NEMOR NNESE HAYING A RADIUS OF 402.71 FEES A DELTA ANGLE O" 1777'52' AND A LLMC CHORD BEAR/N71 NORM 625353' EASE A DISTANCE OF 7558 FEET THENCE ALCWC 7142 ARC OF SAID CRN£ A DISTANCE OF 7871 4EE0 THENCE BEAR SO/7H 008458' EAST, A DISTANCE OF 55467 FEET !HENCE' BEAR .500/71 895400' NEST, A INSTANCE OF 49.69 FEEL' THENCE BEAR 501/774 0006'02' EAST, A DISTANCE of 447.25 FEET !HENCE BEAR 50U7N 890558' MESE, A DISTANCE OF 72533 FEET 70 7112 POINT OF BEDNN2119 CONTAIN/NC 9.90 ACRES MORE 020 LESS PRO.FCT SPFCYF7C N07ES 1) LESS 01HER7455 ALL Ow09LWs ARE 0(50(0) AND ME45URED(74). ADDRESS . 3) PARCEL /01 2-21-37-J5-0400-00006-0000 & 2-21-37-J5- 0400-00005 - 0000. 4) F./R.M. ZONE.' X' MAP Na 12093004806 DA/EO 7-16-15 5) 7105 SURVEY /S NOT R7EN00 717 DEPICT XIFISO/C710NAL AREAS 01 0714E7 AREAS OF LOCAL CONCERN. EXCEPT FOR NE7ANO LOGA7E0 /N SW CORNER OF 970 AS DERNDOI BY CHINS SORO7W0. NERAND SP£OAUST. 6) SLRIEYOI W45 NOT 0001100 74171 ANY 177LE INFORMATION FOP M/S PARCEL SURIEIOR ASSUMES NO RESPO49LRU7Y 017 LIABILITY FOR RIE ACCURACY O' EASEMENT DIMENSIONS WOW HEREO4 THERE MAY BE ODER EA5EMEM75 OR 9051777000N5 IHAT EFFECT 7795 PARCEL. 7) 771E 50W7EY AEPICB10 HERE IS NOT 008008 BY F0O7550599 !MBR/TZ INSURANCE. A0X170N5 CR 011£87095 70 SURVEY MAPS OR REPORTS BY OMER MAN DIE SIGNING PARTY OR PARSES /S PROO97E0 747140/7 6R7T7EN COv5ENT OF 7042 SIGNING PARTY OR PAR77E5 B) 7742" EZEVA TICWS SHOWY ARE BAND ON 711E NORM AMERICAN If7V7C.111. 0977/71 OF 1988 (NA l9 88). N072- 20.E 611/40QNS 0170714190 FROM 7717 N4 TIONAL C9OE770 SUPYEY DESIGNATION R 22(PIO AF5555) 9) BEARING BASE. BIE NORTH R/O/7-Or-WAY OF 5W 6774 51RE£T IS TAKEN 70 BEAR S 8971912' W /0) 047E OF LAST FIELD SURE; 02/27//9. TREE LEGEND - OAK TREE ®= MAPLE TREE NO1E 771E NUMBER 17190E 771E 7REE SYMBOL REPRESENTS TIE D/AME1E77, MORE OR LESS, OF INE TREE /N INCHES PREPARED FOR INE EXOLL/91/E USE OF ROLA RNSK/ INV. B. PVC IWEBTI 135 lrvN.e Pec ITH1 a rv13R5.43INV. Er PVC DOES, 15.55INV. te PVC IWESTI 10.27 9139.21121• WIC) 31132.54.512. W11.1 49.59. LOT I )012 tof le ear1.1237 805, 2t EIC, 9-54.50.1) £,01704. Be tp- 01 ea PIO. 2-21.97.35•0A00.001206-0131313 29.89 ACRES ..eYr 09.59131.N -Ell N BSI 2' N 2 Ba 50264 87161 B 5258 Wl01 725.x ' p ..I<FX11Y VP IS LOT 110 SID' AIDS 2'21-27-25-0400.00006.0060 29.12 ACREO 11 -Set We Roe LEGEND arnCoo ' D: 1eW"R-iound CM ADBRE Iron N (mtl Cep) - a Pp1 (09 Cap) 9'NWADO NOTES: Oa search el H Iv N W a mxxume bm *WSW I n.e wrwr tl ktN Bare ., olet'ael Y.My.ally MN No qb .INwYar e4eewr� tlm .te Mel lw'Joun mappar /lei o. 0 2 sol u' Rause . e as Swap Y,Brmw„e,11 ar,tl/> ewewlwsel. D1 d.rl el practice ler ewlmu wrw1 o ele a pone N xmtlmcl .tar ar,tl mnlarm. le are dantlartll AenxNxellw Code an maPw as wuxN x Cnaplar lYtT, ibltle TRADEWINDS SURVEYING SERVICES. LLC. 200 9.8. 3rd Avenue Okeechobee, FL 34W/4 Tel: (883) 763-2887 f Fax: (863) 783-4344 ✓ Em611: keb.tw Iyaho7. 0m Kenneth A. Breaux, Jr. (PNM 4820) LB N0. 8097 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 CERTIFICATION FOR POSTING NOTICE OF PUBLIC HEARING FOR REZONING/SPECIAL EXCEPTION/VARIANCE PETITION(S) Instructions: 1. Must be posted on the subject property. 2. Must be posted prominently. 3. Must be visible from the most traveled street adjacent to the subject property. 4. There is no specific height or size requirement, provided that the sign can be easily seen by cars or pedestrians that pass by the subject property. 5. Must be posted beginning 15 days prior to the first Public Hearing and remain posted continuously during this time. When a second Public Hearing is required before the City Council, it must remain posted until the final Public Hearing has been conducted. 6. Must be removed within 7 days after the final Public Hearing. Petition Number(s): (Q-0)5- k Date of 1St Public Hearin Q /4.19 jq) r acres-vacant- Address vacar� - Address of subject property (or Legal if no address): SING ,St 600- qo0 blocks cs-F S Olo I, ),Viet `l7 j , hereby certify that I posted the "Notice of Public Hearing" sign in accordance with the above instructions on q -q1 (9 , and will remove sign on 1k2-Iri Signature: STATE OF FLORIDA COUNTY OF OKEECHOBEE Date: QZ_41 -19 The foregoing instrument was ac4iowledged before me this 4� 1/10116-f&- Dl by D, as 44l�1 who is personally known to me or produced as identification. M- 13NuiO (signature) Print, type or stamp name of Notary ag SEAL: ,1/4•10 Nits Notary Public State or Florida � Petty M Burnette • c. 01 My Comnllealon 00 009157 Expires 10/0212020 NOTICE OF PUBLIC HEARING REZONING PETITION N0. 19-005-R DATE: SEPTEMBER 19, & NOVEMBER 5, 2019, 6 PM, AT CITY HALL PURPOSE: TO CHANGE ZONING FROM HOLDING TO RESIDENTIAL MULTIPLE FAMILY ON THIS SITE APPLICANT: REUVEN ROGATINSKY PROPERTY OWNER: FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III FURTHER INFORMATION CONTACT: General Services Dept, 863-763-3372, Ext 9820 55 SE 3rd Ave, Okeechobee, FL 34974 4lorlq 1103S Ilk li Ofi'' lilt Will tut (t11) Bail- It-i+ Po 7 \Sfcpp-e4 to n k.4-1 4-0-4. and 10 oqu,t it Co ffl re0etw eton IikIha,+ was becrI buii4-. .1ShoW-eA hcrw cLhe s.vi:e., plan u dvots Sohn/ 4-1M r review 1.11 Octome r. 64-16-19 51 s W ) o -Ve- 13,1.U, 80M_ Sr. .hof ped 1 h re VL t zoo. 1' Pe177-1 001.ol to t ni uxi-e as -b had- being btoi- . .- Sled Nm y.- s i k pi, curl -.1ha,4- was 5w10 In t tied -or inke-13 1n Octbe,r' 1 City of Okeechobee 55 SE Third Avenue Tele: 863-763-3372 Ext. 9820 Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: September 4, 2019 The Planning Board will be considering Rezoning Petition No. 19-005-R to rezone 19.01± unplatted acres located in the 800 to 900 blocks of SW 6th Street, from Holding to Residential Multiple Family. The proposed use is an apartment complex. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, September 19, 2019, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette a( ..citvofokeechobee.com. The Planning Board will make recommendations concerning the petition to the City Council for consideration, at a Final Public Hearing on November 5, 2019, 6:00 PM (tentative). The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed/faxed. Respectfully, Patty M. Burnette General Services Coordinator City of Okeechobee 55 SE Third Avenue Tele: 863-763-3372 Ext. 9820 Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: September 4, 2019 The Planning Board will be considering Rezoning Petition No. 19-005-R to rezone 19.01± unplatted acres located in the 800 to 900 blocks of SW 6th Street, from Holding to Residential Multiple Family. The proposed use is an apartment complex. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, September 19, 2019, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette@cityofokeechobee.com. The Planning Board will make recommendations concerning the petition to the City Council for consideration, at a Final Public Hearing on November 5, 2019, 6:00 PM (tentative). The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed/faxed. Respectfully, Patty M. Burnette General Services Coordinator City of Okeechobee 55 SE Third Avenue Tele: 863-763-3372 Ext. 9820 Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: September 4, 2019 The Planning Board will be considering Rezoning Petition No. 19-005-R to rezone 19.01± unplatted acres located in the 800 to 900 blocks of SW 6th Street, from Holding to Residential Multiple Family. The proposed use is an apartment complex. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, September 19, 2019, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette@cityofokeechobee.com. The Planning Board will make recommendations concerning the petition to the City Council for consideration, at a Final Public Hearing on November 5, 2019, 6:00 PM (tentative). The petition file can be viewed at City Hall, Rm 'iuu auring normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed/faxed. Respectfu" •• Patty M. E General S 55 SE 3rd AVEN1JF.,_ kFFCHOBE;', NEOPOST 08/30/2019 US POSTAGE $000.352 Il • L• •I &! 1 RECEIVED SEP 0 4 2019 Ivan & Nancy Rom Joint Revocable L. ZIP 34974 041M11455829 ,g.. 4. NX '44, 44, 4V 46 Ta S= ND E -F, NOT DEL I VER L E AS ADDRESSED N S E F. A 3 c: 3 4S7 4ZSCi3SS a - ta 7 - City of Okeechobee 55 SE Third Avenue Tele: 863-763-3372 Ext. 9820 Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: September 4, 2019 The Planning Board will be considering Rezoning Petition No. 19-005-R to rezone 19.01± unplatted acres located in the 800 to 900 blocks of SW 6th Street, from Holding to Residential Multiple Family. The proposed use is an apartment complex. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, September 19, 2019, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments :or objections in writing to the Board by contacting me at the number above or email: :_burnette a..cityofokeechobee.com. The Planning Board will make recommendations concerning the petition to the City Council for consideratij t, at a'r-Atirublic Hearing on November 5, 2019, 6:00 PM (tentative). ie petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at -ityofokeechobee.com or contact my office to have a copy emailed/faxed. :espectfull! --atty M. Bu eneral Se ,��,,it,13E6EEEE�e!'E!!i'E!R'REE€i�E�E�RRREfEEk!!i!!!R!{„EEi�R� Z-€0 Ss' TO"j.29Tx SS OU'Zt7L€17E =D2 C125.S 'SGus+' Ski i2V-8;A:1 120 .ION ars ?c Rt... }fit4ii 4 l60 00 "I:E .IXIN / Griselda Ruiz 207 SW 10th Avenue Okeechobee, FL 34974 n 1$000.352 ZIP 34974 1— J i &WrPt 041 M 11455829 +,►►ni,ir,.►,j.►,,,J, City of Okeechobee 55 SE Third Avenue Tele: 863-763-3372 Ext. 9820 Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: September 4, 2019 The Planning Board will be considering Rezoning Petition No. 19-005-R to rezone 19.01± unplatted acres located in the 800 to 900 blocks of SW 6th Street, from Holding to Residential Multiple Family. The proposed use is an apartment complex. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, September 19, 2019, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnettecityofokeechobee.com. The Planning Board will make recommendations concerning the petition to the City Council for consideration, at a Final Public Hearing on November 5, 2019, 6:00 PM (tentative). The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed/faxed. Respectfully, Patty M. Burnette General Services Coordinator City of Okeechobee 55 SE Third Avenue Tele: 863-763-3372 Ext. 9820 Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: September 4, 2019 The Planning Board will be considering Rezoning Petition No. 19-005-R to rezone 19.01± unplatted acres located in the 800 to 900 blocks of SW 6th Street, from Holding to Residential Multiple Family. The proposed use is an apartment complex. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, September 19, 2019, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnettecityofokeechobee.com. The Planning Board will make recommendations concerning the petition to the City Council for consideration, at a Final Public Hearing on November 5, 2019, 6:00 PM (tentative). The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed/faxed. Respectfully, Patty M. Burnette General Services Coordinator 3-15-37-35-0010-02000-0010 3-15-37-35-0010-02010-0040 3-15-37-35-0010-02010-0030 3-15-37-35-0010-02010-0010 2-21-37-35-0A00-00006-0000 2-21-37-35-0A00-00053-0000 Nelms 2-21-37-35-0A00-00003-0000 4--- 3-21-37-35-0170-00130-0110 /Q?', 3-15-37-35-0010-02020-0280 .�� 2 -21 -37 -35 -0A00 -00006-A0000 2-21-37-35-0A00-00013-0000 ..- 3-15-37-35-0010-02020-0240 3-21-37-35-0020-02510-0120 3-21-37-35-0170-00120-0180 3-21-37-35-0170-00120-0200 3-15-37-35-0010-02020-0220 3-15-37-35-0010-02020-0200 3-21-37-35-0170-00120-0010 3-21-37-35-0170-00090-0170 3-15-37-35-0010-02020-0130 3-21-37-35-0170-00090-0010 3-15-37-35-0010-02020-0110 3-15-37-35-0010-02020-0090 3-15-37-35-0010-02020-0070 3-22.37-35-0170-00080-0180 3-15-37-35-0010-02020-0050 2-21-37-35-OA00-00005-0000 3-21-37-35-0170-00080-0010 3-15-37-35-0010-02020-0030 3-15-37-35-0010-02020-0010 2-21-37-35-OA00-00011-0000 2-21-37-35-0A00-00010-0000 3-21-37-35-0170-00050-0190 2 -21 -37 -35 -0A00 -00009-B000 3-21-37-35-0170-00050-0010 2 -21 -37 -35 -0A00 -00001-A000 2 -21 -37 -35 -0A00 -00007-A000 2 -21 -37 -35 -0A00 -00008-F000 2 -21 -37 -35 -0A00 -00008-E000 2-21-37-35-0A00-00008-0000 2-21-37-35-0A00-00008.0000 2-21-37-35-0A00-00008-0000 2 -21 -37 -35 -0A00 -00008-B000 2-21-37-35-OA00.00007-0000 2-21-37-35-0A00-00001-8000 3-15-37-35-0010-02000-0210 3-15-37-35-0010-02000-0250 3-15-37-35-0010-02010-0060 2 -21 -37 -35 -0A00 -00001-0000 2-21-37-35-0A00-00001-0000 2-21-37-35-0A00-00004-0000 2-21-37.35-0A00-00004-0000 2 -21 -37 -35 -0A00 -00001-A000 Soy foLv a' :4- PeuveO t o a-finsk Y iq-©o5- AGUIRRE MICHAEL A & MCCLAIN-AG BYRD JIMMY L SR & SHERYl1(S ROM IVAN 1 & NANCY JOINT REV T HAVEN OF REST INC SALRY RR MORGAN FAMILY HOLDINGS LLC HARVEY GLENN C BARTLETT WILLIAM F & CAROL K MONTEBELLO 13 LLC DIOCESE OF PALM BEACH OKEECHOBEE COUNTY 110 MARION ROAD INC WILLIAMS BONNIE &KINCHEN DAVID OKEECHOBEE UTIUTY AUTHORITY ROSE WILLIAM T CITRUS LAND & TIMBER INC GARCIA CHRISTINA & SILVAS RAMO SUAREZ DAVID JOSE UNITED PENTECOSTAL CHURCH OF 0 IGLESIA BAUTISTA LA COSECHA IN TORIBIO ANTONIA AGUIRRE REYES WILFREDO & THERESA BULGER MELODY FITE JEFFREY!. & DEBORAH L CARDENAS ZACARIAS & MARIA N LOUMAX DEVELOPMENT INC BENITEZ-CHAVEZ LIDIO MORGAN ROSEMARY B RUIZ GRISELDA SHEPPARD TERENCE DALE & MELISA MCARTHUR LOU ANN THOMAS BANDI STEVEN & LAURA ALMAZAN ARELIO &ALMAZAN SANDRA JONES TERRY L & MARJORIE l OKEECHOBEE PLAZA PROPERTIES OKEECHOBEE CHURCH OLD REGULAR DAVIS MICHAEL WAYNE RIVERA JULIA M PONCE SANDRA M GONZALEZ MAYDA R FRENCH AUDREY A MARTIN MAESON AURORA 4 LLC LLC -- COPPOLALENORA COFIELD ENTERPRISES INC -COFI6LD-ENTERPRISES-INC" 4140RGAM FAMIEWHOL61N6S-RttC" MORGAN FAMILY HOLDINGS RLL' MORGAN FAMILY HOLDINGS II LLC -OKEEC-HCHIEE-PtAZA-PROPERDES-- '772321:- ADDRESS 2 102 SW 9TH AVE PO BOX 2344 PO BOX 2344 1770 RISING OAKS DR 32801 US HIGHWAY 441 N LOT 244 C/0 CSX CORP 500 WATER ST J910 1129 SW 39TH LANE 603 SW 11TH AVE PO BOX 967 120 SW 8TH STREET ATTN REAL ESTATE DEPT P 0 BOX 109650 312 NW 3RD STREET PO BOX 453511 3222 SE 28TH ST 100 SW 5TH AVENUE 511 SW 10TH AVE 1908 NW 4TH AVE STE 112 500 SW 10TH AVENUE 1000 SW 5TH ST C/O REV RAYMOND WARREN 13333 NE 7TH TERRACE PO 8OX 801 403 SW 10TH AVE 53 WET ROCK LN 309 SW 10TH AVE 310 SW 10TH AVE 307 SW 10TH AVE PO BOX 5501 1001 SW 3RD ST 303 SW 10TH AVE 207 SW 10TH AVENUE 300 SW 9T1-1 AVENUE 909 SW 3RD STREET 611 SW 10TH AVE 911 SW 2ND ST 1205 SCOTTSLAND DR MANAGEMENT LLC 4285 21ST STREET SW C/O RANDALL GILMAN 60 NW 98 ST 1888 SW 24TH AVE 913 SW 2ND ST 911 SW 2ND ST 909 SW 2ND STREET 901 SW 2ND ST MARTIN VICENTE 105 NE 342ND TRL 378 NORTHLAKE BLVD 4170 1129 SW 39TH W 7038 ELKHORN DR 477 SW 67TH DR 477 SW 67TH DR 1129 SW 39TH LN 1129 SW 39TH LN 1129 SW 39TH LN MANAGEMENT LLC 4285 21ST STREET SW ®(eechob,t. ('' h1 erre-fret�J7� hoi 12,3 —'hobble ('tt4' -(-re OKEECHOBEE FL 34974 OKEECHOBEE FL 349732344 OKEECHOBEE FL 349732344 JACKSONVILLE FL 322230859 OKEECHOBEE FL 349720296 JACKSONVILLE FL 332020000 OKEECHOBEE FL 349746042 OKEECHOBEE FL 34974 OKEECHOBEE FL 349730967 MIAMI FL 33130 PALM BEACH GARDENS FL 334100000 OKEECHOBEE FL 34972 MIAMI FL 332453511 OKEECHOBEE FL 349746675 OKEECHOBEE FL 349744221 OKEECHOBEE FL 349744031 BOCA RATON FL 33432 OKEECHOBEE FL 34974 OKEECHOBEE FL 349744014 OKEECHOBEE FL 349720000 OKEECHOBEE FL 34973 OKEECHOBEE FL 349744029 STAFFORD VA 225546815 OKEECHOBEE FL 349744027 OKEECHOBEE FL 349740000 OKEECHOBEE FL 34974 FT LAUDERDALE FL 33310 OKEECHOBEE FL 349740000 OKEECHOBEE FL 349744027 OKEECHOBEE FL 34974 OKEECHOBEE FL 34974 OKEECHOBEE FL 349744237 OKEECHOBEE FL 349744033 OKEECHOBEE FL 349744102 LAKELAND FL 338133796 VERO BEACH FL 32968 OKEECHOBEE FL 34972 OKEECHOBEE FL 34974 OKEECHOBEE FL 349744102 OKEECHOBEE FL 34974 OKEECHOBEE FL 349744102 OKEECHOBEE FL 349740000 OKEECHOBEE FL 349720130 NORTH PALM BEACH FL 334085421 OKEECHOBEE FL 349746042 ROYAL PALM BEACH FL 334110000 OKEECHOBEE FL 349741569 OKEECHOBEE FL 349741569 OKEECHOBEE FL 349746042 OKEECHOBEE FL 349746042 OKEECHOBEE FL 349746042 VERO BEACH FL 32968 Lou Ann Thomas McArthur 909 SW 3rd Street Okeechobee, FL 34974 Terry & Marjorie Jones 1205 Scottsland Drive Lakeland, FL 33813 Michael Wayne Davis 1888 SW 24th Avenue Okeechobee, FL 34974 Mayda R. Gonzalez 909 SW 2nd Street Okeechobee, FL 34974 Aurora 4 LLC 378 Northlake Blvd #170 North Palm Beach, FL 33408 Steven & Laura Bandi 611 SW 10th Avenue Okeechobee, FL 34974 Okeechobee Plaza Properties Management LLC 4285 21St Street SW Vero Beach, FL 32968 Julia M. Rivera 913 SW 2nd Street Okeechobee, FL 34974 Audrey A. French 901 SW 2nd Street Okeechobee, FL 34974 Lenora Coppola 7038 Elkhorn Drive Royal Palm Beach, FL 33411 Arelio & Sandra Almazan 911 SW 2nd Street Okeechobee, FL 34974 Okeechobee Church Old Regular c/o Randall Gilman 60 NW 98th Street Okeechobee, FL 34972 Sandra M. Ponce 911 SW 2nd Street Okeechobee, FL 34974 Maeson Martin Vicente Martin 105 NE 342nd Trail Okeechobee, FL 34972 Cofield Enterprises Inc 477 SW 67th Drive Okeechobee, FL 34974 Michael & McClain Aguirre 102 SW 9th Avenue Okeechobee, FL 34974 Haven of Rest Inc. 32801 US Hwy 441 North Lot 244 Okeechobee, FL 34972 David Earnest 603 SW 11th Avenue Okeechobee, FL 34974 Diocese of Palm Beach Attn Real Estate Dept PO Box 109650 Palm Beach Gardens, FL 33410 David Kinchen & Bonnie Williams 3222 SE 28th Street Okeechobee, FL 34974 Citrus Land & Timber Inc. 1908 NW 4th Avenue Ste 112 Boca Raton, FL 33432 United Pentecostal Church c/o Rev Raymond Warren 13333 NE 7th Avenue Okeechobee, FL 34972 Wilfredo & Theresa Reyes 53 Wet Rock Lane Stafford, VA 22554 Zacarias & Maria Cardenas 307 SW 10th Avenue Okeechobee, FL 34974 Rosemary B. Morgan 303 SW 10th Avenue Okeechobee, FL 34974 Jimmy & Sheryl Byrd PO Box 2344 Okeechobee, FL 34973 Salry RR c/o CSX Corp 500 Water Street J910 Jacksonville, FL 33202 William & Carol Bartlett PO Box 967 Okeechobee, FL 34973 Okeechobee County Attn: Administrator Robbie Chartier 304 NW 2nd Street Rm 123 Okeechobee, FL 34972 Okeechobee utility Authority 100 SW 5th Avenue Okeechobee, FL 34974 Ramo Silvas & Christina Garcia 500 SW 10th Avenue Okeechobee, FL 34974 Iglesia Bautista La Cosecha PO Box 801 Okeechobee, FL 34973 Melody Bulger 309 SW 10th Avenue Okeechobee, FL 34974 Loumax Development Inc PO Box 5501 Ft. Lauderdale, FL 33310 Griselda Ruiz 207 SW 10th Avenue Okeechobee, FL 34974 Ivan & Nancy Rom Joint Revocable Trust 1770 Rising Oaks Drive Jacksonville, FL 32223 Morgan Family Holdings LLC 1129 SW 39th Lane Okeechobee, FL 34974 Montebello 13 LLC 120 SW 8th Street Miami, FL 33130 110 Marion Road Inc. PO Box 453511 Miami, FL 33245 William T. Rose 511 SW 10th Avenue Okeechobee, FL 34974 David Jose Suarez 1000 SW 5th Street Okeechobee, FL 34974 Antonia Aguirre Toribio 403 SW 10th Avenue Okeechobee, FL 34974 Jeffrey & Deborah Fite 310 SW 10th Avenue Okeechobee, FL 34974 Lidio Benitez -Chavez 1001 SW 3rd Street Okeechobee, FL 34974 Terence Dale & Melisa Sheppard 300 SW 9th Avenue Okeechobee, FL 34974 NiNEMTHIS O:iEn BEEN OvN. THE ONEECROBEE COUNTY PROPERTY APPRAISER'S NOBLITI ;OR ERRORS OR OMNOSIONS CONTANEOHEREON OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE 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 MAY 30TH 2019 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 2 no( day of Signature of Applicant Date REUVEN ROGATINSKY Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this 2 qday of known to me did not take an oath. Notary 'LTi' ic, State (Rev 9/2017) or produced WA— (Ml ( . Personally Ncy rose as identification and Seal: Notary Public State of Florida Megan N Campbell My Commission GG 228741 Expires 10/07/2022 Page 3 of 11 8/5/2019 Okeechobee County Property Appraiser Mickey L. Sandi Parcel: « 2 -21.37 -35 -0A00 -00006-D000 » Owner & Property Info Owner ALTOBELLO FRANK CHARITABLE REMAINDER TRUST III, ETAL. C/O FRANK IRBY PERSONAL REP 1385 SE 23RD STREET OKEECHOBEE, FL 34974 Site SW 2ND ST, OKEECHOBEE Okeechobee County Property Appraiser Description" AN UNPLATTED PARCEL OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING WITHIN THE PLAT OF THE CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA & BEAR SOUTH 89053'11" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 6TH STREET, TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DISTANCE OF 1010.82 FEET; THENCE BEAR NORTH 00004'58" WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00004'58" WEST, A DISTANCE OF 547.44 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 202, CITY OF OKEECHOBEE; THENCE BEAR NORTH 89054'50" EAST, TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 293, PAGE 257, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 704.88 FEET; THENCE BEAR NORTH 00004'58" WEST, A DISTANCE OF 398.67 FEET TO THE INTERSEC- TION WITH A CURVE IN THE SOUTHERLY RIGHT-OF-WAY OF SOUTHWEST 2ND STREET; SAID CURVE CONCAVING TO THE NORTH- WEST, HAVING A RADIUS OF 402.71 FEET, A DELTA ANGLE OF 11911'52" & A LONG CHORD BEARING NORTH 62e53'33" EAST, A DISTANCE OF 78.58 FEET; THENCE ALONG ARC OF SAID CURVE A DISTANCE OF 78.71 FEET; THENCE BEAR SOUTH 00004'58" EAST, A DISTANCE OF 534.67 FEET; THENCE BEAR SOUTH 89054'50" WEST, A DISTANCE OF 49.69 FEET; THENCE BEAR SOUTH 00006'02" EAST, A DISTANCE OF 447.25 FEET; THENCE BEAR SOUTH 89053'58" WEST, A DISTANCE OF 725.33 FEET TO THE POINT OF BEGINNING. 9.90 ACRES «<less Area 9.89 AC S/T/R 21-37-35 Use Code** IMP PASTUR (006180) Tax District 50 'The Description above is not to be used as the Legal Description for this parcel in any legal transaction. ""The Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning & Development at 863-763-5548 for zoning info. Property & Assessment Values 2017 Certified Values 2018 Certified Values Mkt Land (o) Ag Land (1) Building (o) XFOB (o) Just $0 Mkt Land (o) $2,205 Ag Land (1) $0 Building (o) $0 XFOB (o) $148,350 Just Class $2,205 Class Appraised SOH Cap [?] Assessed $2,205 Appraised $0 SOH Cap [?] $2,205 Assessed Exempt $0 Exempt $0 $2,324 $0 $0 $148,350 $2,324 $2,324 $0 $2,324 $0 Total Taxable county:$2,205 city:$2,205 Total other:$2,205 sehool:$2,205 Taxable county:$2,324 city:$2,324 othar.$2,324 achool:$2,324 Note: Property ownership changes can cause the Assessed value of the property to reset to full Market value, which could result in higher property taxes. Sales History Sale Date 11/17/2009 11/4/2009 11/22/2006 4/16/2003 4/16/2003 Aerial Viewer Pictometery Google Maps 2019 2018 2017 2015 2014 Sales 2018 Certified Values updated: 8/1/2019 Sale Price Book/Page Deed V/I $100 679/1002 QC V $100 679/1952 QC V $840,700 617/0635 WD V $0 500/0754 WD V $0 500/0751 WD V Quality (codes) U U U U U RCode 11 11 03 03 03 1r Building Characteristics Bldg Sketch Bldg Item w Extra Features & Out Buildings (Codes) Code Desc I Year Bit Bldg Desc* Value Year Blt NONE Units NONE Base SF Actual SF Bldg Value Dims Condition (% Good) Land Breakdown g4b.okeechobeepa.com/gis/ 1/2 8/5/2019 Land Code 005100 005007 Desc IMP PAST U (AG) MKT AGRI (MKT) Okeechobee County Property Appraiser Units 9.890 AC 9.890 AC Adjustments Eff Rate 1.00/1.00 1.00/1.00 $235 1.00/1.00 1.00/1.00 $0 Land Value $2,324 $148,350 0 Okeechobee County Properly Appraiser !Mickey L. Bandl 1 Okeechobee, Florida 1 863-763-4422 by: GrizzlyLogic.com g4b.okeechobeepa.com/gis/ 2/2 8/5/2019 Okeechobee County Property Appraiser Okeechobee County Property Appraiser Mickey L. Sandi Parcel: 0 2-21-37-35-0A00-00006-0000 » Owner & Property Info Owner ALTOBELLO FRANK CHARITABLE REMAINDER TRUST III, ETAL. C/O FRANK IRBY PERSONAL REP 1385 SE 23RD STREET OKEECHOBEE, FL 34974 Site SW 2ND ST, OKEECHOBEE Description* AN UNPLATTED PARCEL OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING WITHIN THE PLAT OF THE CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA & BEAR SOUTH 89053'11" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 6TH STREET, A DISTANCE OF 285.32 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89053'11" WEST TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DISTANCE OF 725.50 FEET; THENCE BEAR NORTH 00004'58" WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FEET; THENCE BEAR NORTH 89053'58" EAST, A DISTANCE OF 725.33 FEET; THENCE BEAR SOUTH 00006'02" EAST, A DISTANCE OF 547.28 FEET TO THE POINT OF BEGINNING 9.12 ACRES «<less Area 9.12 AC S/T/R 21-37-35 Use Code* IMP PASTUR (006180) Tax District 50 'The Description above is not to be used as the Legal Description for this parcel in any legal transaction. "The Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning 8 Development at 863-763-5548 for zoning info. Property & Assessment Values 2017 Certified Values Mkt Land (0) Ag Land (2) 2018 Certified Values $0 Mkt Land (0) $1,753 Ag Land (2) Building (0) XFOB (0) Just $0 Building (0) $0 XFOB (o) $116,944 Just $0 $1,846 $0 $0 $117,017 Class $1,753 Class $1,846 Appraised SOH Cap [?] Assessed $1,753 Appraised $0 SOH Cap [?] $1,753 Assessed $1,846 $0 $1,846 Exempt $0 Exempt Total Taxable county:$1,753 clty:$1,753 Total other:$1,753 school:$1,753 Taxable $0 county:$1,846 city:$1,846 other:$1,846 schooi:$1,846 Note: Property ownership changes can cause the Assessed value of the property to reset to full Market value, which could result in higher property taxes. Sales History 2018 Certified Values updated: 8/1/2019 Aerial Viewer Pictometery Google Maps 2019 2018 2017 2015 -' 2014 '. _i Sales 4=.T + kco 8i' SW 2ttD S 1 sw iRt) gip w t '�'" P' [rif ed Z1�ti re •„ RD ST wR Jig THit,S' 1,11111 " m • ttIST i.r �1 * f 'yy �04 11,' � r Of al' 1N 4 4,41''7 Ok : e I �• Mc, . '4 4100,,' Jar` AO*pow * Iu, 00.T SW Sale Date 11/17/2009 11/4/2009 12/28/2006 4/16/2003 4/16/2003 Sale Price Book/Page Deed VII Quality (Codes) $100 679/1002 QC V RCode U 11 $100 679/1952 $775,200 620/1933 $0 500/0754 $0 500/0751 mr Building Characteristics Bldg Sketch QC V It 11 WD V Q WD WD V V U U 03 03 Bldg Item Bldg Desc` Year Blt Base SF Actual SF Bldg Value NONE Extra Features & Out Buildings (Codes) Code Desc Year Blt Value Units Dims Condition (% Good) NONE w Land Breakdown Land Code 005100 005950 Desc Units Adjustments Eff Rate IMP PAST U (AG) 7.660 AC 1.00/1.00 1.00/1.00 $235 LOW PAST U (AG) 005956 LOW 6-<41 (MKT) 005007 MKT AGRI (MKT) 1.460 AC 1.460 AC 7.660 AC 1.00/1.00 1.00/1.00 1.00/1.00 1.00/1.00 1.00/1.00 1.00/1.00 $32 $0 $0 C Okeechobee County Property Appraiser I Mickey L. Bandl I Okeechobee, Florida 1863-763-4422 Land Value $1,800 $46 $2,117 $114,900 by: GrizzlyLogic.com g4b.okeechobeepa.com/gis/ 1/1 N9 CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34974 (863) 763-3372 6--21 20 19 RECEIVED from II {C AG Svc '1'{.3+r'e & O keech of ee, LL L. TvVo #'hoc sCuld Rich a red fithi siy //curs cute( 4co/i° Dollars 100 FULL 4 c Ie zon u j Ct 6me,rO f re e d .� $ (25 - io OK* Iov2 .B-c-rJt_fL. CLERK Gmail - City of Okeec`)obee Application Fees 7/26/19, 9:58 AM Gmai City of Okeechobee Application Fees Reuven Rogatinsky <reuvenr1725@gmail.corn Steven L. Dobbs, P. E. <sdobbs@stevedobbsengineering.com> Fri, Jul 26, 2019 at 9:34 AM To: Reuven Rogatinsky <ReuvenR1725 c©gmail.com> Reuven, Please see below. I will need checks for the application fee for the Comp Plan and Rezoning with the City of Okeechobee. Below is the breakdown for each application or you can write a check to the City of Okeechobee for a total of $2,546.60. Comp Plan - $850.00 + (9.12 acres — 1 acres for the initial fee * $30) = $1123.60111, Rezoning - $850.00 + (19.1 acres — 1 acres for the initial fee * $30) $1423.00 41,/5[5 11-1-.20.30 .5teoew Vaddd, ), S, Steven L. Dobbs Engineering, LLC OFFICE: 209 NE 2nd Street Okeechobee, FL 34972 MAILING: 1062 Jokes Way Okeechobee, FL 34974 Phone: 863-824-7644 Cell: 863-634-0194 sdobbs@stevedobbsengineering.com S �i�• Ec) n ", /e/ie A543.90 https://mail.google.com/mail/u/2?ik=88f5adb7a6&view=pt&search...ad-f%3A1640128138493607137&simpl=msg-f%3A1640128138493607137 Page 1 of 2 Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Reuven Rogatinsky Petition No.: 19-005-R 137 Jo&son Sheet # 206 Fort Myers, FL 33901 Staff Report Rezoning Applicant: Rogatinsky Petition No. 19-005-R General Information Applicant Reuven Rogatinsky Applicant Phone Number Applicant Email Address Owner of Record Owner Phone Number Owner Email Address Site Address Agent/Contact Person Contact Phone Number Contact Email Address 954.536.6081 reuvenr1725@gmail.com Frank Altobello Charitable Remainder Trust 111 863.610.0592 fmirby@embargmail.com 700 Block of SW 6th Street Steven L. Dobbs 863.824.7644 sdobbs@stevedobbsengineering.com Le.. 11- • • I • •j- • • nert Parcel Identification Numbers: 2-21-37-35-0A00-00006-0000, 2 -21 -37 -35 -0A00 -00006-D000 Legal Description (from quit claim deed): AND TWO UNPLY CELS INO LYG WITH,1�-+AT, PLAT BOOK 5, PAGES,P SECTION 21, TOWNSH FLORIDA, BEING MO HOWN AS THE RAILROAD GROUNDS, PF OKEECHOBEE, AS RECORDED IN CORDS. KEBCHOBEECOUNTY, FLORIDA, SOUTH, PAN 5 EAST, OKEECHOBEE COUNTY, RTICULARLY Q CRIBED AS FOLLOWS: COMMENCE AT THE T PARCEL LANE DESCRH3flD IN 0.R. BOO Ape UE ORDS OF OKEECHOBEE COUNTY, FLORIDA AND 89° T ALONG THE NORTH RIGHT -OP -WAY LINE OF SW 641 STREET, ANC 9285.32 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°53'18' WEST TO. ON WITH THE EAST P THENCE BBARNORTH 00°0418" WEST, ALONG THE EAST l OF BLOCK202, A DISTANCE OF 547.44 PEET; THENCE BEAR NORTH 89°53'58" EAST, A DISTANCE THENCE BEAR SOUTH 00°06'02" EAST, A DIST C SOF 547.28 FEET TO THE POINT OF BEGINNING. CONTAINING 9.12 ACRES, MORE OR LESS. COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OP LAND DESCRIBED IN OIL BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH 89°53'11" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OP SW 6 TM STREET, TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DISTANCE OF 1010.82 FEET; THENCE BEAR NORTH 00°04'58" WEST, ALONG THE EAST LINE OF BLOCK202, A DISTANCE OF 547.44 PEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00°0418" WEST, A DISTANCE OF 547.44 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 202, CITY OF OKEECHOBEE; THENCE BEARNORTH 89°54'50" EAST, TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 293, PAGE 257, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 704.88 FEET; THENCE BEAR NORTH 00°04'58" WEST, A DISTANCE OF 398.67 FEET TO THE INTERSECTION WITH A CURVE IN THE SOUTHERLY RIGHT-OF-WAY LING OF SOUTHWEST 2. STREET; SAID CURVE CONCAVING TO THE NORTHWEST. HAVING A RADIUS OF 402.71 FEET, A DELTA ANGLE OF 11°11.52. AND A LONG CHORD BEARING NORTH 62°5313" EAST, A DISTANCE OF 78.58 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 78.71 FEET; THENCE BEAR SOUTH 00°0458" EAST, A DISTANCE OF 534.67 FEET, THENCE BEAR SOUTH 89°54'50' WEST, A DISTANCE OF 49.69 PEET; THENCE BEAR SOUTH 00°06'02" EAST, A DISTANCE OF 447.25 PEET; THENCE BEAR SOUTH 89°5358" WEST, A DISTANCE OF 725.33 PEET TO THE POINT OF BEG tg;.. • CONTAINTG9.90 ACRES, M(rll. 8 OR LESS. 1 planning Staff Report Rezoning Applicant: Rogatinsky Petition No. 19-005-R Re • uest The matter before the Local Planning Agency and City Council is an application to rezone 19.01 acres bounded by SW 10th Ave on the west side, SW 6th Street on the south side, and SW 7th Ave on the east side. The request is to rezone from Holding to Residential Multiple Family. The northern half of the subject property is designated Multi Family Residential on the Future Land Use Map The applicant is concurrently requesting a small scale map amendment to change the land use of the southern half of this property from Single Family Residential to Multi Family Residential The current and proposed Future Land Use designations, zoning, existing use, and acreage of the subject property and surrounding properties are shown in the following tables and maps. Future Land Use, Zonin • and Existin • Use Future Land Use Category Zoning District Use of Property Acreage Existing Single Family Residential Multi Family Residential Holding Vacant/Agricultural 19.01 Proposed Multi Family Residential Residential Multiple Family Apartment Complex 19.01 Future Land Use, Zonin • , and Existin • Uses on Surroundin • Pro • erties Future Land Use Map Classification North Zoning District Existing Land Use Single Family Residential Residential Single Family - One Residential Single Family - Two Single Family Residential Future Land Use Map Classification East Zoning District Existing Land Use Multi Family Residential Residential Multiple Family Vacant Future Land Use Map Classification South Zoning District Existing Land Use Single Family Residential Residential Single Family - One Holding Church, Vacant & Single Family Residential West Future Land Use Map Classification Zoning District Existing Land Use Single Family Residential Residential Single Family - One Church & Single Family Residential 2 planning Staff Report Rezoning Applicant: Rogatinsky Petition No. 19-005-R Anal sis 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 Applicant has provided brief comments to each of the required findings. These are repeated below in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments are shown in this Arial typeface. 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "The proposed request in not contrary to the Comprehensive plan requirements and is currently zoned Holding and the surrounding properties are zoned single family and multi -family." Staff Comment: The northern half of this property is designated multifamily residential on the future land use map (FLUM). The southern half is currently designated single family residential on the FLUM, though the applicant has submitted a concurrent request for a FLUM amendment to designate that property multi -family residential as well. If that requested FLUM amendment is approved, this rezoning request will be consistent with the City's comprehensive plan. Staff has recommended approval of that request. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations." "The proposed of apartments on multi -family zoned land is specifically authorized under the proposed zoning district in the Land Development Regulations." Staff Comment: Yes, multi -family residential is a permitted use in the multi -family residential zoning district. 3. The proposed use will not have an adverse effect on the public interest. "The proposed land use change should have a positive impact on the public interest to develop land that has access to all utilities and roads and bring the land value up as developed parcel instead of undeveloped." Staff Comment: The applicant's proposal to develop this property with an apartment complex will provide housing for the Okeechobee community. An increase in housing is often associated with an increased support for the commercial sectors of the local economy. Additionally, a project of this size will significantly add to the City's tax base, providing the City with increased revenue to fund city initiatives. 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." 3 planning Staff Report Rezoning Applicant: Rogatinsky Petition No. 19-005-R Staff Comment: This site is an ideal location for infill development, surrounded by uses such as churches, childcare facilities and single family residential development. 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. "The proposed use should positively impact property values, living conditions and be an improvement to the adjacent property and develop previously undeveloped land." Staff Comment: With appropriate buffering of the adjacent uses, this proposed use should not adversely affect the property values, living conditions, or be a deterrent to the improvement or development of adjacent property. 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 proposed use can be suitable buffered from surrounding unlike uses to the east, west and north. The parcel is bounded to the south by SW 6th Avenue." Staff Comment: Yes, we agree that buffering should be provided and that buffering should reduce any impacts to the surrounding neighborhood. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The use will not create density patterns that would overburden any public facilities. The potential development impacts will be within the already available amenities." Staff Comment: The applicant has submitted a site plan application for the proposed development of this property which shows an estimated 1,456 daily vehicle trips are expected to be generated by the proposed multi -family development, with 98 of those trips occurring during the am peak hour and 108 of those trips occurring during the pm peak hour. These trips should be split up between the proposed north and south ingress/egress points on SW 8t" Ave and SW 6t" Street. Initial statements from the applicant's traffic engineer state that both roadways are projected to operate acceptably, though further analysis may be required during site plan review to examine the impacts of these additional vehicle trips. In his future land use amendment submission, the Applicant provided letters from the Okeechobee Utility Authority, the Okeechobee School District and Waste Management, all of which indicate that services are available and adequate capacity exists to serve the proposed development. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The proposed use will not impact traffic congestion as this is already a heavily ►-.,R,,= pia nn tng 4 Staff Report Rezoning Applicant: Rogatinsky Petition No. 19-005-R 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The proposed use will not impact traffic congestion as this is already a heavily traveled street with adequate capacity for the additional traffic. To the south, there is a swale along SW 6th Avenue that will drain to the east to SW 7th Avenue ditch, a major collector in the City that discharges directly into the Rim Canal adjacent to Lake Okeechobee. This project will not adversely affect public safety. Staff Comment: The applicant has demonstrated that the proposed use should not create traffic congestion, flooding or drainage problems. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The proposed use has not been inordinately burdened by unnecessary restrictions." Staff Comment: We agree. Recommendation Based on the foregoing analysis, we find the requested rezoning to Residential Multiple Family to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore, we recommend Approval of the Applicant's rezoning request. Submitted by: Ben Smith, AICP Sr. Planner September 10, 2019 Planning Board Public Hearing: (tentative) September 19, 2019 City Council Public Hearings: (tentative) October 15, 2019 & November 5, 2019 Attachments: Future Land Use, Subject Site & Environs Zoning, Subject Site & Environs Aerial, Subject Site & Environs LaKuc p'ianni!ng 5 12 2s 21 2a 10 30 31 22 33 34 Staff Report Rezoning Applicant: Rogatinsky Petition No. 19-005-R SM. PARK ST FUTURE LAND USE SUBJECT SITE AND ENVIRONS S.W. 2ND ST S.W. 3RD ST S.W. 4 TH ST a 3 3 f0 3 1 3 A 3 4 I'll 3 2 2 131 14 t4 111 11 31 19 20 S.W. 8 TM ST S.W. 7 TH ST ;a a a d4 12 I2 11 22 7J� 24 Subject Property 3a 2 3 5 1 9 LAND USE CLASSIFICATIONS lot line SINGLE - FAMILY RESIDENTIAL MIXED USE RESIDENTIAL - MULTI - FAMILY RESIDENTIAL - COMMERCIAL INDUSTRIAL 11. PUBLIC FACILITIES ?' EASEMENT ••-•-•-4 RAILROAD CENTERLINE - - HOPKINS MEANDER UNE , UNINCORPORATED ak planning 6 Staff Report Rezoning Applicant: Rogatinsky Petition No. 19-005-R 7 7 10 0 0 T 6 11 12 1] 14 10 . 10 20 • S.W. 2ND ST 4 2 1 S.W. 3 RD ST 10 r E T 0 0 4 3 2 1 A 1112113.14 101111117 11 _ 19 1:0 S.W. 4TH ST ua s 1- 0 r » 20; . 13 14 15, » IT 10 5TH ST a) 00 444444 '2 1 11 12 13 w 10 10 11 n 10 S.W 6TH ST PI I1: I°k°7T 144 a ZONING SUBJECT SITE AND ENVIRONS x_0 4 ♦ 3 ' ; 201 1 1 '46 a 164 178 179 LL 10 10 17 30 21 22 22 a i 2Y 30 31 32 n K as ZONING -- HOPKINS MEANDER LINE -I -F RAILROAD CENTERLINE CENTRAL BUSINESS DISTRICT !ENVY COMIERCIAL _DMT COMMERCIAL COMMERCAL PROFESSIONAL OFFICE .1 �,% HOLDING INDUSTRIAL BAN.' FACILITIES PLANNED UNIT DEVELOPMENT.MDIED USE PLANNED UNIT DEVELOPMENT -RESIDENTIAL LESDENTIAL MULTIPLE FAMILY LITD RESIDENTIAL MOBLE .011E RESDENTIAL SINGLE FAMLY-ONE RESIDENTIAL SINGLE FAMLT--1WO LMRIOORPORTATED t. F<,?. - planning 7 Staff Report Rezoning Applicant: Rogatinsky Petition No. 19-005-R AERIAL SUBJECT SITE AND ENVIRONS SW slaw �•-� j.- i .., -4r, • •y� • 1. • 07, ,r,,, -. �r'?mow. •„dit 311 _1.4 0.11 lit, SW JTH Sr is; ?_ , • SW SiW Si� Akin, !e•'4 int 414 b.� A 0 Wit, tati tr �"� Imo•- M • t. t _ c �Y,„S,,y ,. sw ci.-F-".-pl. r.iL 1 r- it1 �� r1i• Xar ' - .. . �ct: k14 8 plannin i IINDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Lake Okeechobee News :14-11 I4 , 411P,,„( 863.2/4 R5� 20'9 rMI hStreet, Suite D lorida 34974 134 Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee Co p ty, Florida,+that the attached copy of advertisement being a t Ab L1 u I i*cf E, in the matter of fly ' i C P. �D i 2 t"7 i`\'i n( _>� ti - V e ��11 in the 19th Jelicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of TA 019 Affiant further says that t e said Lake 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 s id newspaper. Katrina Elsken Sworn to nd, ubscribed b fore me this a a��t ` day of f cit 1 AD Notary Public, State o'1f Florida at Large • • if •4,,,2"7..'ANGLE BRIDGES = A, MY COMMISSION#FF976149 S.• ro EXPIRES: Apti120, 2020 I,'.ROF F'.? . Bonded Tru Notary Public Underwriters QTY OF OKEECHOBEE NOTICE OF ZONING CHANGE CONSIDERATION OF ADOPTING AmyoRDINANCE NOTICE IS HEREBY GIVEN that the City Cound of the City of Okeediobe2 will conduct a Public Hearing on Tues, Nov. 5,2019, at 6 PM, oras soon thereafter per, at Cly Hall, 55 SE 3rd Ave, Oket»txe, R, to consider final readh9 for adoption of the folowing Ordinance into law: No.1199: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMEND- ING THE OFFIGAL BY REZONING CERTAIN AACTT OF LAND MORE PARTIP OF THE CUY OF OJ Y DESCRIBED HEREIN, FROM HOLDING TO RESIDENTIAL MUL- TIPLE-FAMILY NO. 19-005-12 AMENDING THE ZONING MAP ACCORDINGLY;, PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE The Ordnance is regarding Rezoning Ratilion Noq. a19-005 R, submitted by Mr. Reiman Rogatirdw, on behalf of the properly owner, Frank Attobelb Charitable - tted aaes and Is e 800 to 900 dockRemainder Trust M. s Southwest 6th property is 5110011lre pro use d is antiod in apart mentcompbc LEGAL: TWO UNPLATTED PARCELS OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING WI MN THE PLAT OF THE CITY OF OICEECHOBEE, AS RECORDED IN PIAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SEC- TION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, RORIOA AND BEAR SOUTH 89°53'11" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 6111 STREET, A DISTANCE OF 28532 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°533'11" WEST TO CE�OECEE,�UNE KEBE,DISTANCEN wmi Of725.50 FEET; TtIENBEAR NNORTH 00°0458" WEST, ALONG THE EAST LINE OF BLOCK 202, A DIS- TANCE OF 547.44 FEET; THENCE BEAR NORTH 89°53'58" EAST, A DISTANCE OF 72533 FEET; THENCE BEAR SOUTH 00°06'02" EAST;. A DISTANCE OF 547.28 FEET TO THE POINT OF BEGINNING. CON= TAINING 9.12 ACRES, MORE OR LESS; together with COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 452, PAGE 1436, PUBLIC RE- CORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH 89°53'11" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF 5W 6TH STREET, TO THE INTERSECTION WITH 1111 EASTIN LE OF 81.001 202, QTY OF OKEECHOBEE, A DISTANCE OF 1010.82 FEET; THENCE BEAR NORTH 00°0458" WEST, ALONG THE FAST '+ UNE OF BLOCK 202, A DISTANCE OF 547.44 FEET TO THE POINT, d CONTINUE NORTH 00.0458" WEST, •,.! A OF BEGINNING; O 547.44 FEE 10 THE NORTHEAST CORNER OF .1 LOT 3, BLOCK 202, QTY OF OKEECHOBEE; THENCE BEAR NORTH iI 39°54'50" EAST, TO THE SOUTHEAST CORNER OF THAT PARCEL OF 4• LAND DESCRIBED IN 0.12. BOOK 293, PAGE 257, PUBLIC RECORDS V OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 715.8.5. FEU; THENCE BEAR NORTH 00°0458" WEST, A DISTANCE OF 396.67. FEET TO THE INTERSECTION WITH A CURVE IN THE SOUTHERLY. RIGHT-OF-WAY UNE OF SOUTHWEST 2ND STREET; SAID CURVE CONCAVING TO THE NORTHWEST, HAVING A RADIUS OF 402.71. FEET, A DELTA ANGLE OF 11°11'52' ANDA LONG 010RD BFAR- AALONGRTHE6ARC OF' SAID CURVE DISTANCE OF 78 A DISTANCE OF 78.58 .711 THENCEENCE T; THE BEAR BEA HSOOUU H 89"54 ' WIT, A DISTANCEDISTANCE Of OF 49.69 FEET; THENCE BEAR SOUTH 00°0602' EAST, A DISTANCE OF. 447.25 FEET; THENCE BEAR SOUTH 89°53'58" WEST, A DISTANCE 177OR LESS. OF BEGINNING. CONTAINING 9.90 ES, MORE All members of the public are encouraged to attend and participate in said Hearing. The proposed Qdinanco may be inspected in its entirety by members of pudic at the Offen of Be Oly Clerk during normal business hours, Mon- Fri, arFri, 8:00 AM -4:30 FM, except for ho&10ys. ANY PERSON DECIDING TO APPEAL any decision made by the Cay Council with respect to any matter wed at the hcrtir g will need to en- sure a verbatim record of the proceedng is rade and the record ndudes the testimony and evidence upon whit the appeal vmll be basad. in accordance with the Americans with D®b1rties Act (ADA), any perms with a drabfity as defined I,y the ADA, that needs special accommodation to participate in the .. . contact the Cly Cerk'sOIFx no later than lvvo business days prior to , .._.Kg, 863-763-3372. BE ADVISED that should you Inland to show m document, p1�re a o oorrpte s to the Council np support or opposition any the copy of the for the C3ys remras. or kern T be p� t the City By Gly Cert Lane Gamiotea, CNC 3703 CN 10/23/2019 INDEPENDENT NEWSMEDIA INC. USA Lake 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 Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County )i lorida, that the attached copy of advertisement being a in the matter of I 1\-L-: tip h (IL( .'�l in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Ci / ( l l Q_ (21:1 Affiant further says that the said Lake 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 subscribed before me this day of r' Notary Public, State of Florida at Large Z. ) / /1( . i- Katrina Elsken AD =. pNY Prj4• ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES:April 20, 2020 Bonded 7hel Notarj Public Underwriters CITY OFOKEECHOBEE PUBLIC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE IS HEREBY GIVEN that a QUASI-3UDICfAL PUBLIC HEAR- ING wID be held before the GNofOkeechobee Planning Board on Thur,Sep. 19, 2019, 6 PM, or as soon tiv mft, as possibb, at City HaO, 55 SE 3rd AVE, Count Chanties, Rm 200, Okeechobee, H, to outsider and fonewe input on RemrVng cellon No. 19.005-R, s by Mc Reuven Rogath cy, on behat ofthe propertyowner, FrankAGobelb ChattabieRemacderTnstILL The public is s na9ed to attend. Pathan Na 19005-R requests to conn 19.01+1- unptatled saes baited in Multiple F 800 Faanety (RMF). propmed nae 900 bk:d8 of Siuthwest sheet,aarbr ent�wrn(pbc Residential Legal: TWO UNPLATLED PARCELS OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING WITHIN THE PIAT OF THE CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUB- LIC RECORDS OF OKEECHOBEE COUNTY, RORIDA, SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOL- LOWS: COMMENCE AT THE SOUTHWEST CORNER OF THAT PAR- CEL OF LAND DESCRIBED IN O.R. BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH 89°53'11" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 6111 STREET, A DISTANCE OF 28532 FEET, TO THE POINT OF BEGINNING; THENLE CONTINUE SOUTH 89°53'11" WEST TO THE INTERSECTION WrHH THE EAST LINE OF BLOCK 207, CITY OF OKEECHOBEE, A DISTANCE OF 725.50 FEET; THENCE BEAR NORTH 00°04'58" WEST, ALONG THE FAST UNE OF BLOCK 202, A INS- TANCE OF 54744 FEET; THENCE BEAR NORTH 89°5358" EAST, A DISTANCE OF 72533 FEET; THENCE BEAR SOUTH 00°06'02" EAST, A DISTANCE OF 547.28 FEET TO THE POINT OF BEGINNING. CON - TAMING 9.12 ACRES, MORE ORI FSS; tn9ethan wdtr COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 452, PAGE 1436, PUBLIC RE- CORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH 89°53'11" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 6111 STREET, TO THE INTERSECTION WIT. THE EAST LINE OF BLOCK 202, CRY OF 088E010858, A DISTANCE OF 1010.82 FEET; THENCE BEAR NORTH 00°04'58" WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FEST TO THE POINT OF BEGINNING; THENCE CONTINUE NOIITH 00°04'58" WEST, A DISTANCE OF 547.44 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 202, CITY OF OKEECHOBEE; THENCE BEAR NORTH 89°54'50"EASr,TOTHESOUTHEAST CORNER OF THAT PARCELOF LAND DESCRIBED IN 0.11. BOOK 293, PAGE 257, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 704.88 FEET; THENCE BEAR NORTH 00°0458" WEST, A DISTANCE OF 398.67 FEET TO THE INTERSECTION WITH A CURVE IN THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTHWEST 2ND STREET; SAID OJRVE CONCAVING TO THE NORTHWEST, HAVING A RADIUS OF 402.71 FEET, A DELTA ANGLE OF 11°1152• AND A LONG CHORD BEAR- ING NORTH 62°5333" EASE A DISTANCE OF 78.58 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 78.71 FEET; THENCE BEAR SDUTH 00°0458" EAST, A DISTANCE OF 534.67 FEET; THENCE BEAR SOUTH 89°54'50" WEST, A DISTANCE OF 49.69 FEET; THENCE BEAR SOUTH 00°x6'0r EAST, A DISTANCE OF 447.25 FEET; THENCE BEAR SOUTH 8905358" WEST, A DISTANCE OF 72533 FEETTOTHE POW OF BEGINNING. CONTAINING 9.90 ACRES, MORE OR LESS. The Frim may be inspected at One address aboveduring regular bu4- rtess boos, Mon -Fri, 8PM4:30 PM, except for tn&days. A Pubic Nearing 1 s a Renting Milian is iartdled as a "Quasi -Judi - dal" proceeding, stearins a manner similar to a court are competent and queiicning Press who prande substantial ev- idence This the duty ofthe Planning Board to arrive at saxedeiticns. A reccrnmencl autto or deny the Retrial will beforwarded bathe Cly uled for 6 PM an Odnber 15, 2019, (F sit Rearm) and Pubic Hetrig art Naernber 5, 2019 (Fetal Adoption). ANY PERSON DECIDING TO APPEAL any decision made by the Penn tg Board wth respect to any metier considered at the meting wi meed to ensue a verbatim record of the promeditg Is made and the record includes the T88rr aV and evidat 8 Leat wtidl the appeal will be based. Ina accordance wilt the Americus with D®b Ties Pd (AOA), any person wth a uisbi y as defined by the AAA, that res pedal accommodation hi participate n this pnaxedrg, contact the General Services Office nto bter than twolistless days pox toprotesting, - 763-3372. BE ADVISED that should you intend to straw any document, Ochre, *leo or 4.555555051155176109 Board n support or oppoE+tiar bo any tern on the e Boarof the doornent, d � ' or tem must be m the Seany 6Y ZargAdrriridrabr Marcos MadesDeOca, No.19-0OSR 3569620N 9/1,11/2019 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME ABNEY, JR., JOHN WESLEY NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE CITY COUNCIL MAILING ADDRESS 1414 SW 8TH DRIVE THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE ISAUNITOF: gCITY ❑ COUNTY 0 OTHER LOCALAGENCY CITY COUNTY OKEECHOBEE OKEECHOBEE NAME OF POLITICAL SUBDIVISION: CITY OF OKEECHOBEE DATE ON WHICH VOTE OCCURRED NOVEMBER 5, 2019 AGENDA ITEM VI. C.2.c IIQ9 MY POSITION IS: d ELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. « « « « APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B - EFF. 11/2013 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST JOHN WESLEY ABNEY, JR. hereby disclose that on NOVEMBER 5 20 19 (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, X Steve Dobbs of Steven L. Dobbs Engineering, LLC inured to the special gain or loss of my relative, inured to the special gain or loss of , by whom I am retained; or inured to the special gain or loss of , which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Steve Dobbs is my business partner with 205 Okeechobee, LLC and is the Agent of Record for Petition No. 19-005-R, Ordinance No. 1199. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Dat,'Filed/1 NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.3 CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, CIVIL PENALTY NOT TO EXCEED $10,000. 17, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CE FORM 8B - EFF. 11/2013 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. PAGE 2 Bobbie Jenkins From: Bobbie Jenkins Sent: Wednesday, November 13, 2019 12:09 PM To: Ben Smith Cc: Lane Gamiotea; Patty Burnette Subject: Ord. 1195, 1198, 1199 Attachments: 2019-10-15 Minutes.pdf; 1198 #19-004-R RSF-1 to CHV.pdf; 1199 #19-005-R H to RMF.pdf, 1195 #19 -002 -SSA PUB to Commercial.pdf Ben, Attached is a copy of the fully executed Ord. 1195, 1198, 1199 and corresponding POP'S for your files. A copy of the October 15th minutes is attached as well. A copy of the November 5th minutes will be forwarded to you upon approval. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. Bobbie Jenkins From: Bobbie Jenkins Sent: Wednesday, November 13, 2019 11:08 AM To: Steven L. Dobbs, P. E.; reuvenr1725@gmail.com Cc: Lane Gamiotea; Patty Burnette Subject: City of Okeechobee Ordinance No. 1199 Attachments: 1199 #19-005-R H to RMF.pdf, 2019-10-15 Minutes.pdf Good morning, Attached for your records is a copy of the fully executed Ordinance No. 1199 (19-005-R) adopted at the November 5th Council meeting. A copy of the October 15th minutes have been attached for your records as well. A copy of the November 5th minutes will be forwarded to you once approved by the Council. If you should have any questions, please feel free to contact our office. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 'Now NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. Bobbie Jenkins From: Bobbie Jenkins Sent: Wednesday, November 13, 2019 10:49 AM To: Celeste Watford; 'Property Appraiser - Mickey Bandi' Cc: Lane Gamiotea; Patty Burnette Subject: City of Okeechobee Ordinance No. 1199 Attachments: 1199 #19-005-R H to RMF.pdf Tracking: Recipient Delivery Celeste Watford 'Property Appraiser - Mickey Bandi' Lane Gamiotea Patty Burnette Good morning, Delivered: 11/13/2019 10:49 AM Attached you'll find Ordinance No. 1199, adopting Rezoning Petition No. 19-005-R, changing approximately 19.01 unplatted acres from City of Okeechobee Holding to Residential Multiple -Family. This copy is for your records. Should you have any questions, please contact our office. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. Patty Burnette From: Patty Burnette Sent: Tuesday, November 5, 2019 5:55 PM To: sdobbs@stevedobbsengineering.com; 'reuvenr1725@gmail.com'; 'fmirby@embargmail.com' Subject: 19 -003 -SSA and 19-005-R Attachments: Draft PB Minutes 091919.pdf Good Afternoon. This email is to officially advise you that the Planning Board of the City of Okeechobee made a motion to recommend approval to the City Council for Comprehensive Plan Small Scale FLUM Amendment Application No. 19 -003 -SSA, from Single -Family Residential to Multi -Family Residential, on 9.12± unplatted acres located in the 800 to 900 blocks of Southwest 6th Street and found it to be consistent with the Comprehensive Plan, reasonably compatible with adjacent uses, consistent with the urbanizing pattern of the area, and concurrency of public services not negatively affected by this request. and for Rezoning Petition No. 19-005-R from Holding to Residential Multiple Family, for 19.01± unplatted acres located in the 800 to 900 blocks of Southwest 6th Street, for the proposed use of an apartment complex A copy of the draft Planning Board Minutes from the September 19, 2019 Meeting is attached for you information. Should you have any questions, please let me know. Thank you, Path M. Burnette generaCServices Coordinator City of Okeechobee 55 SE 3r- 'Avenue Okeechobee, EL 34974 Phone: (863) 763-3372 ext. 9820 Direct. (863) 763-9820 Fax: (863) 763-1686 e -maid eburriette@cittijofo(eecriobee.com -website: vvww.clal,io{okeecbobee.coni NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. Bobbie Jenkins From: Sent: To: Cc: Subject: Attachments: Tracking: Good Morning, Bobbie Jenkins Friday, November 1, 2019 8:06 AM Steven L. Dobbs, P. E.; reuvenr1725@gmail.com Lane Gamiotea; Patty Burnette November 5, 2019 City Council Meeting Agenda Agenda 11 05 19.pdf, Agenda 11 05 19 Ex 7.pdf Recipient Steven L. Dobbs, P. E. reuvenr1725@gmail.com Lane Gamiotea Patty Burnette Delivery Delivered: 11/1/2019 8:06 AM Delivered: 11/1/2019 8:06 AM This is your official notice for the final public hearing for Petition No. 19-005-R. Attached is a copy of the November 5th City Council Meeting Agenda as well as Exhibit 7. Your item is VI.C. The meeting begins promptly at 6:00 p.m. Please call us if you have any questions or if you cannot attend. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 Bobbie Jenkins From: Bobbie Jenkins Sent: Friday, October 11, 2019 2:57 PM To: 'Steven L. Dobbs, P. E.'; 'reuvenr1725@gmail.com' Cc: Lane Gamiotea; Patty Burnette Subject: October 15, 2019 City Council Meeting Agenda Attachments: Agenda 10 15 19 Ex 4.pdf, Agenda 10 15 19 Ex 8.pdf, Agenda 10 15 19.pdf Good Afternoon, This is your official notice for the final public hearing for Application No. 19 -003 -SSA. Attached is a copy of the October 15th City Council Meeting Agenda as well as Exhibit 4. Your item is VI.B. This is also your official notice for the first reading for Petition No. 19-005-R. Attached is Exhibit 8. Your item is VIII.D. The meeting begins promptly at 6:00 p.m. Please call us if you have any questions or if you cannot attend. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. Bobbie Jenkins From: Bobbie Jenkins Sent: Friday, October 11, 2019 3:01 PM To: Ben Smith Cc: Lane Gamiotea; Patty Burnette Subject: October 15, 2019 City Council Meeting items Attachments: Agenda 10 15 19 Ex 3.pdf, Agenda 10 15 19 Ex 4.pdf, Agenda 10 15 19 Ex 7.pdf; Agenda 10 15 19 Ex 8.pdf; Agenda 10 15 19.pdf Ben, Attached is the agenda for the October 15th Council meeting as well as the exhibit items for 19 -002 -SSA, 19 -003 -SSA, 19- 004-R, and 19-1005-R. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 •f,•Fp- NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. Patty Burnette From: Patty Burnette Sent: Friday, September 13, 2019 12:37 PM To: sdobbs@stevedobbsengineering.com; reuvenrl725@gmail.com; fmirby@embargmail.com Subject: September 19, 2019 Planning Board Meeting Attachments: Agenda September 2019.pdf, 19-003-SSA.pdf; 19-005-R.pdf Importance: High Good Afternoon. Please be advised that the Planning Board of the City of Okeechobee will be considering Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 19 -003 -SSA, from Single -Family Residential to Multi -Family Residential, on 9.12± unplatted acres located in the 800 to 900 blocks of Southwest 6th Street AND Rezoning Petition No. 19-005-R, from Holding to Residential Multiple Family for 19.01± unplatted acres, located in the 800 to 900 blocks of Southwest 6th Street, for the proposed use of an apartment complex on Thursday, September 19, 2019 at 6:00 p.m., or as soon thereafter as possible, in the City Council Chambers. A copy of the Planning Board Meeting Agenda is attached, along with copies of the Staff Reports. Should you have any questions, or if you, or a representative, cannot attend this meeting, please just let me know. Thank you, Pa4ty M. f3wYc� of f GeneraCServices Coordinator City of okeec6o6ee SS Southeast 3rd Avenue Okeec6o6ee, TL 34974 T'e6 863-763-3372 Patty Burnette From: Patty Burnette Sent: Friday, August 23, 2019 11:38 AM To: sdobbs@stevedobbsengineering.com Cc: 'reuvenr1725@gmail.com'; fmirby@embarqmail.com Subject: Planning Board Meeting 9/19/19 Good Morning. Both of the applications you submitted for the Planning Board, Application No. 19 -003 -SSA and 19-005-R for the property located on SW 2nd Street will be heard at the September 19, 2019 Planning Board Meeting at 6:00 PM. A week before the meeting I will send you a copy of the Agenda and the Planner's Staff Reports. Should you have any questions, please just let me know. Thank you Patty M. 13wrv.e4e, generafServices Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, FL 34974 T'e6 863-763-3372 Direct: 863-763-9820 Tax: 863-763-1686 e -mad vburnetteC@citvofokeechobee.com website: -www.citUofokeecho6ee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. Patty Burnette From: Ben Smith <ben@larueplanning.com> Sent: Thursday, August 22, 2019 4:34 PM To: Patty Burnette Subject: RE: September meetings Patty, You are correct on the workshop. I think it will be too much to try and add any workshop items to the 9-19-19 Planning Board meeting. As discussed, I can't say at this time whether we'll get everything we need for 19 -005 -TRC, but we can advertise that there will be a meeting, since the TRC Board will definitely be hearing 19 -004 -TRC I do feel comfortable advertising for all of the Planning Board items for the 9-19-19 Planning Board meeting: • 19 -002 -SSA • 19 -003 -SSA • 19 -004 -SSA • 19-004-R • 19-005-R And I will be sending you the draft ordinance for 19 -001 -SSA before I leave today. Thanks, r3evi Svnitk, AICP, LEE[) GA LaKUC planning 1375 ,Jackson 5t 4206, Fort Myers, FL. 3 390 239-334-3366 l.�enC?larue�+lannin.con, From: Patty Burnette <pburnette cityofokeechobee.com> Sent: Wednesday, August 7, 2019 3:51 PM To: Ben Smith <ben@larueplanning.com> Subject: September meetings Ben, Just wanted to recap to make sure you have everything for the September Meetings: 9-19-19 TRC Meeting: Application No. 19 -004 -TRC NO STAFF REPORT needed Application No. 19 -005 -TRC 9-19-19 Planning Board Meeting: I Comp Plan Amendment No. 19 -002 -SSA Comp Plan Amendment No. 19 -003 -SSA Comp Plan Amendment No. 19 -004 -SSA Rezoning Petition No. 19-004-R Rezoning Petition No. 19-005-R Advertising Deadline August 22, 2019 Whew I think I have everything. (I'm assuming you do not want anything added for a workshop, but if that isn't the case, just let me know ). Pa4fy M. 6EWKt4t& GeneraCServices Coordinator City of Okeec6o6ee SS Southeast 3rd Avenue Okeechobee, TL 34974 T'eC' 863-763-3372 Direct: 863-763-982o `Fax: 863-763-1686 e-mai6 pburnette9cityofokeecho6ee.com website: www.cityofokeecho6ee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 7