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2019-11-05 Ex 07Ordinance No. 1199 Page 1 of 2 ORDINANCE 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 MULT IPLE - FAMILY ZONING DISTRICT (PETITION NO. 1 9-005-R); AMENDING THE ZONING MAP ACCO RDINGLY; 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 revis ed 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 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; 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 00°04'58" WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FEET TO THE POINT OF Ordinance No. 1199 Page 2 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 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" W EST, 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 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 Administrati on 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. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 5th day of November, 2019. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney City of Okeechobee Dater Petition No. R, General Services Department Fee Paid: i fig Jurisdiction: P 1-1) 55 S.E. 3rd Avenue, Room 101 15 Hearing: 2 Hearing: 1 Okeechobee, Florida 34974-2903 Publication Dates: Phone: (863) 763-3372, ext. 9820 Notices Mailed: Fax: (863) 763-1686 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 PROPERTY INFORMATION no Property address/directions to property: 700 BLOCK SW 6TH STREET, OKEECHOBEE, FL 34974 HWY 441 SOUTH, TURN RIGHT ONTO W 6TH STREET. PARCEL STARTS 7 APPROXIMATELY 700FT FROM SW 7TH AVE ON RIGHT. Describe current use of property: 8 AGRICULTURAL Describe improvements on property (number/type buildings, dwelling units, occupied or vacant, etc, 9 VACANT Source of potable water: OUA Method of sewage disposal: OUA 10 Approx. acreage: 19.01 Is property in a platted subdivision? No Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: I I NO 12 Is a pending sale of the property subject to this application being granted? YES Describe uses on adjoining property to the North: 13 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, special exception, variance, or site plan approvals on the property? (_X )No (___)Yes. If yes provide date, petition number and nature of approval. 16 J Rezone (___) Special Exception (__j Variance Request is for: (__,X 17 Parcel Identification Number: 2-21-37-35-OA00-00006-0000, 2 -21 -37 -35 -0A00 -00006-D000. (Rev 9/2017) Page I of 11 V/ Confirmation of Information Accuracy 1 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. Signature Printed Name Date REUVEN ROGSTINSKY 2 For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 9/2017) Page 2 of 11 REQUIRED ATTACHMENTS 18 Applicant's statement of interest in property: CONTRACT PURCHASER Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $30/acre; Variance: $500 19 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) Three property surveys (one no larger than 11x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number 22 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 1 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. Signature Printed Name Date REUVEN ROGSTINSKY 2 For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 9/2017) Page 2 of 11 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 6 of 11 ADDITIONAL INFORMATION REQUIRED FOR A REZONING A Current zoning classification: HOLDING Requested zoning classification: MULTI FAMILY Describe the desired permitted use and intended nature of activities and development of the property? B APARTMENT COMPLEX Is a Special Exception necessary for your intended use? ( X) No (_—) Yes If yes, briefly describe: C Is a Variance necessary for your intended use? (X ) No Yes If yes, briefly describe: D 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 E 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 6 of 11 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 375, and Range 35E. The property's parcel ID is 2-21-37-35- OA00-00006-0000 and 2-21-37-35-OA00-00006-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 offal 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-OA00-00006-0000 2 -21 -37 -35 -0A00 -00006-D000 IIIlillllllllllllll�INIIIIINIIIIIINIIIINNNIIIII�IIII FILE NUN 2009013478 OR BK 00679 PG 1042 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 Pss 1002 - 1003; (2pos) QUIT CLAIM DEED [PREPARED WITHOUT EXAMINATION OF TITLE] THIS INDENTURE made the Ir day of November, 2009 by OKEECHOBEE UTILITY AUTHORITY, hereinafter called firstparty, to FRANK ALTOBELLO, as Trustee of the FrankAltobello Charitable Remainder Trust III dated April 16, 2003, and NIILDRED FRANCES ALTOBELLO, whose post office address is P.O. Box 417, Okeechobee, FL 34973-0417, hereinafter called the second party: (Wherever used herein the terms 'fust party" and "second party" include an the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) {� WITNESSETH���ifirst party, for and in consideration of ONE DOLLAR and other valuable considerahorle t whereo�%►ereby acknowledged, does hereby remise, release and quitclaim unto the said secontIt W forever, all thd* t, title, interest, claim and demand which the said first party has in and to the folio descnbed lot, ple�om parcel of land, situate, lying and being in Okeechobee County, Florida, viz:'3 s" AND TWO UNPLA kD PRCELS OFID, SHOWN AS THE RAILROAD GROUNDS, LYING WITH 40 AT � OF OKEECHOBEE, AS RECORDED IN PLAT BOOK5, PAGE 5, P ECORD�KEECHOBEE COUNTY, FLORIDA, SECTION 21, TOWNSHI' SOUTH, RAN P5 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MO 4RTICULARLYaCRIBED AS FOLLOWS: COMMENCE AT THEY THWEST R OFeTHAT PARCEL OF LAND DESCRIBED IN O R BOOS�6 PUB f*�ORDS OF OKEECHOBEE COUNTY, FLORIDA AND I��IIiTH 84°�d ��T ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 6m STREET��AN� 285.32 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°53 lI' WEST T���� 'SE(; ION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE; AiTANCrF 725.50 FEET; THENCE BEAR NORTH 00°04'58" WEST, ALONG THE EAST 11OF BLOCK 202, A DISTANCE OF 547.44 FEET; THENCE BEAR NORTH 89°53'58" EAST, A DISTANCE, � FEET 5511 THENCE BEAR SOUTH 00°06'02" EAST, A DIST AN"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 nr 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 00004'58" WEST, A DISTANCE OF 398.67 FEET TO THE INTERSECTION WITH A CURVE IN THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTHWEST 2M 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 00004'58" EAST, A DISTANCE OF 534.67 FEET; THENCE BEAR SOUTH 89°54'50" WEST, A DISTANCE OF 49.69 FEET; THENCE BEAR SOUTH 0000602" EAST, A DISTANCE OF 447.25 FEET; THENCE BEAR SOUTH 89°53'58" WEST, A DISTANCE OF 725.33 FEET TO THE POINT OF BEGIL�INIa'{ m& IN 04 CONTAINII$ W. ACRES, OR LESS. The purpokfthis quit -claim t Okeechobee Ut17ion Water s Addendum ("Standar3�velogr's Af Book 618 at page 1721borc Equivalent Residential Co1meC ons property described herein nor shall real property by first party. <` TO HAVE AND TO HOI belonging or in any wise appertaining of the said first party, either in law or forever. s to release the real property described herein from that certain astewater System Standard Developer's Agreement and First nt� dated November 7, 2006 and recorded in Official Records �Se County, Florida, and to confirm that none of the rerve�teYein shall attach to and become a part of the real I non ad v'm assessments therefor be assessed against said same IN WITNESS WHEREOF, the said f authorized officers the day and year first above Signed, sealed and delivered in our resence: fitness Si ,e/ Printed N . lCpjmv Witness Signature Printed Name: : i Q0__ n m o l, STATE OF FLORIDA COUNTY OF OKEECHOBEE all and singular the appurtenances there unto tleAIN rest, lien, equity and claim whatsoever 1; t and behalf of the said second party to be executed by its duly 100 SW 5" Avenue Okeechobee, FL 34974 The foregoing instrument was acknowledged before me this 174A day of N ember, 2009 by FRANK IRBYthe chairman oftheOKE�CHOBEEUTILITY AUTHORITY; he[ lspersonallyknown to me or [ ] produced &1# as identification. NOTAY PUBLIC LYNETTE MARIE LOWE 'k = Notary Pubft - Sub of FWde My Comffft" Expires p 2, 2011 HM 7Wk14.d Nslbnet S sn. :,'saP,�, 1TM'a<gb �A Book679/Page1003 CFN#2009013478 Page 2 of 2 City of Okeechobee 55 SE 3d Avenue Okeechobee, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 rITOWNH -INTIMM --I— --- - — � I --- - - - -- - - 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-OAOO-00006-0000, 2-21-37-35-OAOO-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 ten-ninated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS DAY OF 20 OWNER WITNESS OWNER WITNESS Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above and that they executed the power of attorney for the purpose stated therein. Sworn and subscribed this -31.rday of SO LV 20/9 C MICHAEL BAGGOTT Notary Public: SEAL MVC0MhM10N#00I1l133 Commission Expires: %"MOF EXPIRES: June 04, 2021 � (Rev 9,'2017) Pagge 5 of I I City of Okeechobee 55 SE 3d Avenue Okeechobee, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 i,AND USE POWER OF ATTORNEY Name of Property Owner(s): FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III Mailing Address: F.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-OA00-00006-0000.2-21-37-35-OA00-00006-DO00 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 WITNESSVAHEREOF THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS DAY OF OWNER ITNESS F OWNER WITN19SS Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above and th t they executed the power of attorney for the purpose stated therein. Sworn and subscribed this Jday of % 20Lq. Notary Public: SEAL Commission Expir : Univ �vs° •�s Notary Public State W Florida YDenise Ann Dunlop M Y My Commission GG 159147 Expres 1211512021 (Rev 912017; Page 5 of 11 THE FRANK ALTOBELLO CHARITABLE REMAINDER TRUST Ill -B AGREEMENT DATED TAXPAYER IDENTIFICATION NUMBER: 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. L(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 N 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 close 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 0 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(x), 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. TRTTCTFFC 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. Lo kc 4o-f"v J" 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 a6count 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 Beneficiar�Pa rents. 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. I 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; Cl 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] 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 '—J day of 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. residing at ` residing at 9 err/ S lam- 4 i 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, thisday of ,G�u rte. , 2008. IK ALTOBELLO, Grantor State of Florida ) 0A0e4a0eff, -- ) ss. County of P ach ) 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. I residing at -t�,� / •�'( S' lcr,�', /,4r,/x �Iresiding at ACKNOWLEDGED AND SUBSCRIBED, BEFORE ME by FRANK ALTOBELLO, Grantor, who [ V 1s personally known to me, OR [ ] has produced as identification; AND SWORN TO AND SUBSCRIBED BEFORE ME by the Witnesses: ,J -0-M 95 J ( I YWJ1Cu1) , witness, who [ ' --ris personally known to me, OR [ ] has produced as identification; AND 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 �242006. f? Notary Public ` - Print Name: <-->U60lA V G� "W' H I!I/1//z My Commission Expires: be tos Fa�.r /ter o, ?0 9 l 0 — o #DD 587035 : Q 'Y' �ry BO�ded thN ��0`:•� Q nd 5 FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III -B SCHEDULE A Real Property legally described as follows: Date: (See attached Schedule 5B" for complete legal description) kl�ANK ALTOBELLO, Trustee 8/5/2019 WELLS FARGI Wachovia Is Now Wells Fargo Wachovia Is Now Wells Fargo - 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 E20 WACn.OVTA 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 (1-800-225-593S). 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. 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LENORA 7038 ELKHORN DR OKEECHOBEE FL 349741569 3-15-37-35-0010-02000-0250 COFIELD ENTERPRISES INC 477 SW 67TH DR OKEECHOBEE FL 349741569 3-15-37-35-0010-02010-0060 COFIELD ENTERPRISES INC 477 SW 67TH DR OKEECHOBEE FL 349746042 2-21-37-35-OA00-00001-0000 MORGAN FAMILY HOLDINGS II LLC 1129 SW 39TH LN OKEECHOBEE FL 349746042 2-21-37-35-OA00-00001-CO00 MORGAN FAMILY HOLDINGS II LLC 1129 SW 39TH LN OKEECHOBEE FL 349746042 2-21-37-35-OA00-00004-0000 MORGAN FAMILY HOLDINGS II LLC 1129 SW 39TH LN VERO BEACH FL 32968 2-21-37.35-OA00-00001-A000 OKEECHOBEE PLAZA PROPERTIES MANAGEMENT LLC 4285 21ST STREET SW m Ip OAF, �"llnc Ak Lau elf m Ip OAF, �"llnc Ak Lau 4 !TT -37 iia,W TI A V, 4, ex m Ip OAF, �"llnc Ak Lau SUBJECTPARCEL,'" --- - ------- fit 100FT BUFFER - -------- - -E - - BEE' C0111LED FRIM ""A ...... I "A..I,.AlI" I LE -.1EE-BlE Cg�Fll , L�IAEl OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE ­E00-01-111ESIONE-11 4 !TT -37 iia,W TI A V, f AV P" - [SUBJECT PARCEL Tr; '17 SUBJECTPARCEL,'" --- - ------- fit 100FT BUFFER - -------- - -E - - BEE' C0111LED FRIM ""A ...... I "A..I,.AlI" I LE -.1EE-BlE Cg�Fll , L�IAEl OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE ­E00-01-111ESIONE-11 Ir JQ LI 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 0 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 V -V) day of Signature of Applicant REUVEN ROGATINSKY Name of Applicant (printed or typed) State of Florida County of Okeechobee Date Sworn to and subscribed before me this Z "day of Personally known to me or produced _ & U 01nSp as identification and did not take an oath. Seal: LNotary Public State of Florida Megan N CampWI My Commission GG 226741 ExPires 10/0712022 (Rev 9/2017) Page 3 of 11 Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Reuven Rogatinsky Petition No.: 19-005-R Staff Report Applicant: Rogatinsky Rezoning Petition No. 19-005-R 1 General Information Applicant Reuven Rogatinsky Applicant Phone Number 954.536.6081 Applicant Email Address reuvenr1725@gmail.com Owner of Record Frank Altobello Charitable Remainder Trust III Owner Phone Number 863.610.0592 Owner Email Address fmirby@embarqmail.com Site Address 700 Block of SW 6th Street Agent/Contact Person Steven L. Dobbs Contact Phone Number 863.824.7644 Contact Email Address sdobbs@stevedobbsengineering.com Legal Description of Subject Property Parcel Identification Numbers: 2-21-37-35-0A00-00006-0000, 2-21-37-35-0A00-00006-D000 Legal Description (from quit claim deed): Staff Report Applicant: Rogatinsky Rezoning Petition No. 19-005-R 2 Request 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, Zoning and Existing Use Existing Proposed Future Land Use Category Single Family Residential Multi Family Residential Multi Family Residential Zoning District Holding Residential Multiple Family Use of Property Vacant/Agricultural Apartment Complex Acreage 19.01 19.01 Future Land Use, Zoning, and Existing Uses on Surrounding Properties North Future Land Use Map Classification Single Family Residential Zoning District Residential Single Family - One Residential Single Family - Two Existing Land Use Single Family Residential East Future Land Use Map Classification Multi Family Residential Zoning District Residential Multiple Family Existing Land Use Vacant South Future Land Use Map Classification Single Family Residential Zoning District Residential Single Family - One Holding Existing Land Use Church, Vacant & Single Family Residential West Future Land Use Map Classification Single Family Residential Zoning District Residential Single Family - One Existing Land Use Church & Single Family Residential Staff Report Applicant: Rogatinsky Rezoning Petition No. 19-005-R 3 Analysis Section 70-340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has provided brief comments to each of the required findings. These are repeate d 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.” Staff Report Applicant: Rogatinsky Rezoning Petition No. 19-005-R 4 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 8th Ave and SW 6th Street. Initial statements from the applicant’s traffic engineer state that both roadways are projected to operate acceptably, though further analysis will 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. Staff Report Applicant: Rogatinsky Rezoning Petition No. 19-005-R 5 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 Staff Report Applicant: Rogatinsky Rezoning Petition No. 19-005-R 6 FUTURE LAND USE SUBJECT SITE AND ENVIRONS Staff Report Applicant: Rogatinsky Rezoning Petition No. 19-005-R 7 ZONING SUBJECT SITE AND ENVIRONS Staff Report Applicant: Rogatinsky Rezoning Petition No. 19-005-R 8 AERIAL SUBJECT SITE AND ENVIRONS ANDEPENDENT EIA INC. � STATE OF FLORIDA COUNTY OF OKEECHOBEE 5 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 CounP1, Florida, that the ttached copy of advertisement being a a in the matter of I 1 \ QIQ i l in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of rola 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. r Katrina Elsken Sworn to and subscribed before me this day of C :V6 —" AD Notary Public, Stat of Florida at Large •rr�rrrrr o� ?q I ANGLE BRIDGES MY COMMISSION # FF 976149 MRES:Apr§20,2020 '•�FOF�:�P• Bonded Thru Notary PLft Underwriters i oi-It-tct r vi;�'O . CO 0 Py Lake Okeechobee News i1 l? ` O�keecho� 863- p 2p19 Street, Suite D orida 34974 134 CITY OF OKEECHOBEE NOTICE OF ZONING CHANGE CONSIDERATION OF ADOPTING A L1TY ORDINANCE NOTItf I5 HEREBY GIVEN tlutthe CdyCournd of tlu Ory of Okeednbee ,,vim on Tyles, Nov. 5.2A39 at 6 PM, or as mon at Hall, 55 SE 3rd Ave, Okeechobee, FL,.3 oxLAN fnal ra3d"ng for adoption of Un foib^ring ordnance infoinfotrv: No..u9s: AN ORDINANCE OF THE CITv OF OKEECIIDBEE, FLORIDA; AMEND- g�y RQ � CERTAIN TRA�OF LAND MORE PARITQ)� Y pESQLIBED HEREIN, FROM HOLDING TO RESIDENTIAL FA1L- TIPLE-FANIIIY ZONING DLSTRICT (PETITION NO. 19-005-R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE The pdinarne'S regarding Remnir5 R'tition No. 19-005-R, submllyd "Mr. ,ter F�gahr�sky on behalf of the avtnr, Frank Alhrbelb Oraritable Rernainder Tnni I[II. The P�P�Y's 19. 1-1 unPlatted a� and s located in =1the 8�0 m 900 Nod6 of Soutlnve4 6th `.,beet The proposal use's an apart - 111'r LEGAL: TWO UNPLATTED PARCELS OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING WITHIN THE PLAT OF THE CITY OF OLO:ECIiOBEE, AS RECORDED 1N PIAT BOOK 5, PAGE 5, PUBLIC RECORDS OF C11(EECHOBEE ODUNTY, FLORIDA, SEC- TION 21, TOWNSL4P 37 SOUTH, RANGE 35 EAST. OKEECH . COUNtt, FLORIDA, B[1i'LC. MORE PARTI(11LARLY DESCRIBED AS FOLLOWS; CAMMENCE AT THE SOUTHWFST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 452�PAGE�1436, STANCE OF 78532 tEEI, ry Inc rvu., CONTINUE SOUTH 89°53'11" WEST TO i THE EAST LINE OF BLOCK 202, Q7Y OF COMMENCE AT THE 9DUNiWEST CORNER OFT PARCEL OF LAND pES(RIBED 1N O.R. BOOK 452, PAGE 1436, PUBLIC RE- OORDS OF OKEEC}IOBEE COUNT`!, FLORIDA AND BEAR SOUTH 89°53'11" WEST ALONG THE NORTH RIGHi-0F-WAY IIIJE OF SIN 6TH STRFFT, TO THE TNTERSECRON WITH THE EAST LINE OF BLOCK 202, CITY OF OKFECT108EE, A DISTANCE OF 101082 FEET; THENCE BEAR NORTH 00°04'58" WEST; ALONG THE EAST LINE OF BLOCK 2D2, A DISTANCE OF 547A4 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00°04'OR WEST, A DISTANCE OF 547.44 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 202, l3TY OF OKEECNOBEE; 7H�NCE ^AprnBEAR NOROF CONCAVING TO THE NoRmwtbl, M"_ .+.mow ;R FEET, A DELTA THE OF 11°11'57' ANDA LONG CIiORD BEAR" TNG NORTH 62°5333" EAST, A DISTANCE OF 78.58 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 78.71 FEET; THEN BEAR SOULN 00°04'58" EAST A DISTANCE OF 534.67 WIFE BEAR SOUTH 89°S45Y' WEST, A DISTANrf OF 49.69 FEET;THENCE BEARSOUIH 00°06'07' EAST, A DISTANCE OF 447.25 FEET; THENCE BEAR SOUTH 89°53'58" W EST, A DISTANCE OF 725.33 NEIME POINT OF BEGINNING. OONTAINING 9.90 ACRES, MORE OR LESS. All members of the pu&' iiuna r9V-ir =b � IT/ bnd paWipate in �erNs Hearing. The pn>pc of the pudic at the Office of the ay oak du" normal br>sr>e°s Fours, Morn Fd, 8:00 AM -4:30 PM, e oapt for hoTdaYs ANY PtR9DN DECTDBJG TO APPEAL ant' din_ made tH the CTy Gxmd wdh respect to any rrativ at Ihrs meeting wdl rteo] en- sure a verbatim record d the proa'nding "s made and the reoxd ududes the testimony and evidaroe upon WlU'h the appanl. be bused., a®rdanco wNr the Anna. Mff, '0 bdibes Act (ADA), airy Pe+sxr vntlt a d�birhy as With the Fry the ADA, that needs spoil aocornmodation to parbd'a" in Lhis defipro�r�gI9contartthe Otv da,d3 office no later than twofxl4ress days PWto processing, 863-763-3372 BE ADVISED that 410W You intend to sines arty doainvrt. p.e a or i� to the Oourdl h %PPDrt or opposhon to any inn on to the lRy copy of the doarmerr4 , video, « �n rM15T be ".ed Oak for the Ciy's re By: Clerk Wne Ganwwa, CMC 37 ON 10/=,n FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ABNEY, JR., JOHN WESLEY CITY COUNCIL MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 1414 SW 8TH DRIVE WHICH I SERVE IS A UNIT OF: 5d CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: OKEECHOBEE OKEECHOBEE CITY OF OKEECHOBEE DATE ON WHICH VOTE OCCURRED MY POSITION IS: NOVEMBER 5, 2019 AGENDA ITEM VI. C.2.c d ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 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 813 - EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(0, F.A.C. 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; X inured to the special gain or loss of my business associate, 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. DatelFiled NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317,`_A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f), F.A.C.