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1244 #21-007-SSA ORDINANCE NO. 1244 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL AND MULTI-FAMILY RESIDENTIAL, APPLICATION NO. 21-007-SSA, F/K/A NO. 21-001-LSA; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues provides for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application (No. 21-007-SSA, F/K/A No. 21-001-LSA), submitted by Blue Springs Holdings, LLC, for a small- scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application being reviewed by the City's Planning Board, acting as the Local Planning Agency, at a duly advertised Public Hearing held on October 21, 2021, which determined such request to be inconsistent with the Comprehensive Plan and inconsistent with the pattern of future land uses within the City; and WHEREAS, the City Council finds that the proposed application complies with the requirements of Florida Statute 163, Part II, and that the proposed application is consistent with the Comprehensive Plan and appropriate to the future land uses within the City. NOW, THEREFORE, it is ordained before the City Council for 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: SECTION 1: SHORT TITLE. THIS ORDINANCE shall be known as a "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2: AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3: REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of approximately 54.8 acres is hereby re- designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: Application No. 21-007-SSA (f/k/a No. 21-001-LSA): 1. Approximately 16.8 acres from Single Family Residential (SFR) to Commercial (C), with the Legal Description of Subject Property is as follows: A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH QUARTER CORNER OF SAID SECTION 15, THENCE NORTH 00014'15" WEST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 15, A DISTANCE OF 1319.48 FEET TO SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15; THENCE NORTH 89-20'32" Ordinance No. 1244, Page 1 of 3 EAST ALONG THE SOUTH ,LINE OF NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 15, A DISTANCE OF 1276.49 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89020'32" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 70.00 FEET TO THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER;THENCE NORTH 00°17'10" WEST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1055.05 FEET TO THE SOUTH RIGHT-OF-WAY OF SALRY RAILROAD AND THE BEGINNING OF A NON-TAWS'ENT CURVE BEING CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 2634.92 FEET, A DEGREE OF CURVATURE OF 36054'16", A CHORD BEARING OF NORTH 71043'57" WEST, AND A CHORD DISTANCE OF 1667.98 FEET; THENCE ALONG SAID CURVE AND SAID SOUTH RIGHT-OF-WAY, AN ARC DISTANCE OF 1697.16 FEET; THENCE SOUTH 89048'55" WEST ALONG SAID SOUTH RIGHT-OF-WAY, A DISTANCE OF 581.03 FEET;THENCE SOUTH 00'11'05" EAST, A DISTANCE OF 163.6E FEET; THENCE SOUTH 37055'09" EAST, A DISTANCE OF 172.40 FEET; THENCE NORTH 89°48'55" EAST, A DISTANCE OF 475.52 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 2334.92 FEET AND A DEGREE OF CURVATURE OF 40°23'01"; THENCE ALONG SAID CURVE, AN ARC DISTANCE OF 1645.72 FEET; THENCE SOUTH 00017'10" EAST, A DISTANCE OF 727.21 FEET TO THE SOUTHEAST CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 696 AT PAGE 1998 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND TO THE POINT OF BEGINNING. SAID LANDS LYING IN OKEECHOBEE COUNTY, FLORIDA AND COMPRISING 16.777 ACRES MORE OR LESS. 2. Approximately 38.0 acres from SFR to Multi-Family Residential (MFR), with the Legal Description of Subject Project is as follows: A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH QUARTER CORNER OF SAID SECTION 15, THENCE NORTH 00014'15" WENT ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 15), A DISTANCE OF 1319.48 FEET TO SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15 AND THE POINT OF BEGINNING; THENCE SOUTH 89021'12" WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 250.69 FEET TO THE EAST RIGHT-OF-WAY OF TAYLOR CREEK'S IMPROVED CHANNEL AS RECORDED IN PLAT BOOK 3, PAGE 29, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE NORTH 03039'44" EAST ALONG SAID EAST RIGHT-OF-WAY, A DISTANCE OF 80.23 FEET TO THE SOUTHWEST CORNER OF RIVER RUN RESORT PLAT, SAID PLAT BEING RECORDED IN PLAT BOOK 6 AT PAGE 33, OF SAID PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THE FOLLOWING SIX COURSES ARE ALONG THE RIVER RUN RESORT BOUNDARY: 1) THENCE NORTH 890 21 12„ EAST, A DISTANCE OF 245.23 FEET TO SAID WEST LINE OF THE EAST HALF OF SECTION 15; 2) THENCE NORTH 89°20'32" EAST, A DISTANCE OF 673.22 FEET; 3) THENCE NORTH 00°15'42" WEST, A DISTANCE OF 465.85 FEET; 4) THENCE SOUTH 89°21'31" WEST, A DISTANCE OF 872.67 FEET; 5) THENCE SOUTH 00°16'50" EAST, A DISTANCE OF 79.38 FEET; 6) THENCE SOUTH 89018'01" WEST, A DISTANCE OF 136.19 FEET TO SAID EAST RIGHT-OF-WAY OF TAYLOR CREEK'S IMPROVED CHANNEL; THENCE NORTH 37 55 09 WEST ALONG SAID EAST RIGHT-OF-WAY, A DISTANCE OF 1201.62 FEET TO THE BEGINNING OF A CURVE BEING CONCAVE TO THE EAST AND HAVING A RADIUS OF 323.00 FEET AND A DEGREE OF CURVATURE OF 34°35'11"; THENCE ALONG SAID CURVE Ordinance No. 1244, Page 2 of 3 AND SAID EAST RIGHT-OF-WAY, AN ARC DISTANCE OF 194.98 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SALRY RAILROAD;THENCE NORTH 89048'55" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 320.00 FEET; THENCE SOUTH 00'11'05" EAST, A DISTANCE OF 163.66 FEET; THENCE SOUTH 37055'09" EAST, A DISTANCE OF 172.40 FEET; THENCE NORTH 89"48'55" EAST, A DISTANCE OF 475.52 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 2334.92 FEET AND A DEGREE OF CURVATURE OF 40°23'01"; THENCE ALONG SAID CURVE, AN ARC DISTANCE OF 1645.72 FEET; THENCE SOUTH 00017'10" EAST, A DISTANCE OF 518.50 FEET TO THE NORTHEAST CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 696 AT PAGE 1998 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE SOUTH 89020'32" WEST ALONG THE NORTH LINE OF SAID LANDS, A DISTANCE OF 208.70 FEET TO THE NORTHWEST CORNER OF SAID LANDS; THENCE SOUTH 00017'10" EASTALONG THE WEST LINE OF SAID LANDS, A DISTANCE OF 208.70 FEET TO THE SOUTHWEST CORNER OF SAID LANDS AND THE SOUTH LINE OF NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 15; THENCE SOUTH 89020'32" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 1067.80 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN OKEECHOBEE COUNTY, FLORIDA AND COMPRISING 38.016 ACRES MORE OR LESS. SECTION 4: INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida that the provisions of this Ordinance, and the revisions to the Future Land Use Map which are incorporated herein by reference, shall become, and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: 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 7: EFFECTIVE DATE. The effective date of this plan amendment shall be thirty-one (31) days after the adoption of this Ordinance, if not timely challenged. If timely challenged, this amendment shall become effective on the date the State Land Planning Agency, or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. INTRODUCED AND ADOPTED at First Reading and Final Public Hearing on this 16t" day of November 2021, pursuant to F.S. 163.3187(2). Dowling- atfor , Mayor A ST: Lane Gamiotea, CIVIC, City Clerk REVIEIQE6�F/ GAL SUFFICIENCY: Johr0i. Fumero, City Attorney Ordinance No. 1244, Page 3 of 3