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1245, # 22-002-R, H & RMH to RMH & CHVORDINANCE NO. 1245 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING CERTAIN TRACTS OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING AND RESIDENTIAL MOBILE HOME (RMH) TO HEAVY COMMERCIAL (CHV) AND RESIDENTIAL MULTIPLE FAMILY (RMF), PETITION NO. 22-002-R; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; 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, Blue Springs Holdings LLC has heretofore filed Petition No. 22-002-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning certain tracts of land totaling approximately 54.8 acres, from Holding (53.1+/- acres) and RMH (1.7+/ - acres) to CHV (16.8+/- acres) and RMF (38.0+/-); and WHEREAS, said petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review, 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 February 17, 2022, determined that such petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds such rezoning petition to be consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth. NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1: LEGAL DESCRIPTION. The following described land consisting of approximately 54.8 acres, as the total subject property, located in the City of Okeechobee, to -wit: PARCEL: (P1) THE SW 1/4 OF THE NE 1/4 AND N 1/2 OF THE NW 1/4 OF THE SE 1/4 SOUTH OF THE SAL RAILROAD RIGHT-OF-WAY; SW 1/4 OF THE NW 1/4 OF THE SE 1/4; THE SE 1/4 OF THE NW 1/4 OF THE SE 114; NORTH 1/2 OF THE NE 114 OF THE SW 1/4; AND THE S 1/2 OF THE NE 1/4 OF THE SW 1/4 LYING EAST OF TAYLOR CREEK; FRACTIONAL NW 1/4 EAST OF TAYLOR CREEK AND SOUTH OF THE SAL RAILROAD;AND ALL THAT PORTION OF LAND LOCATED IN THE NE 1/4 OF THE SW 1/4 AND THE SE 1/4 OF THE NW 1/4, SOUTH OF THE SAL RAILROAD IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, THAT LIES EAST OF TAYLOR CREEK IMPROVED CHANNEL AS RECORDED IN PLAT BOOK 3, PAGE 29, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; LESS AND EXCEPT THE FOLLOWING PARCEL: (L&E1) A PORTION OF THE SE 1/4 AND A PORTION OF THE SW 1/4 OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE 1/4 CORNER ON THE SOUTH LINE OF SAID SECTION 15, BEAR N 00010'04" E ALONG THE 1/4 SECTION LINE A DISTANCE OF 1399.41 FEET TO THE POINT OF BEGINNING. THENCE BEAR N 89025'18" E ALONG A LINE 80.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE N 1/2 OF THE S 1/2 OF SAID SECTION 15, A DISTANCE OF 673.21 FEET TO THE EAST LINE OF THE SW 1/4 OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 15; THENCE BEAR N 00011'25" W ALONG THE AFORESAID EAST LINE A DISTANCE OF 450.00 FEET; THENCE BEAR S 89025'18" W A DISTANCE OF 873.03 FEET; THENCE BEAR S 0010'04" E A DISTANCE OF 83.36 FEET; THENCE BEAR S 89°25'18" W A DISTANCE OF 119.60 FEET TO THE EASTERLY SHORE LINE OF TAYLOR CREEK; THENCE BEAR THE FOLLOWING COURSES IN A SOUTHERLY DIRECTION ALONG THE EASTERLY SHORE LINE OF TAYLOR CREEK AS FOLLOWS: S 36°59'52" E A DISTANCE OF 70.15 FEET; S 26°01'09" E A DISTANCE OF 49.01 FEET; S 20022'54" E A DISTANCE OF 24.40 FEET; Ordinance No. 1245 Page 1 of 4 S 09°48'57" E A DISTANCE OF 23.52 FEET; S 02°45'22" E A DISTANCE OF 49.28 FEET; S 0°20'24" E A DISTANCE OF 49.34 FEET; S 02°34'03" W A DISTANCE OF 76.66 FEET; S 0053'25" W A DISTANCE OF 44.65 FEET; THENCE BEAR N 8925'18" E A DISTANCE OF 245.92 FEET TO THE POINT OF BEGINNING. AND LESS AND EXCEPT THE FOLLOWING PARCEL: (L&E2) A PARCEL OF LAND LYING IN THE NW 1/4 OF THE SE 1/4 OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID NW 1/4 OF THE SE 1/4 OF SECTION 15, THENCE PROCEED S 89021'13" W ALONG THE SOUTH LINE OF SAID NW 1/4 OF THE SE 1/4 A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE S 89021'13" W ALONG SAID SOUTH LINE A DISTANCE OF 208.70 FEET; THENCE DEPARTING SAID SOUTH LINE, RUN N 00020'48" W ALONG A LINE PARALLEL WITH THE EAST LINE OF SAID NW 1/4 OF THE SE 1/4 A DISTANCE OF 208.70 FEET; THENCE DEPARTING SAID PARALLEL LINE, RUN N 89021'13" E A DISTANCE OF 208.70 FEET; THENCE RUN S 00°20'48" E ALONG A LINE PARALLEL WITH AND 70.00 FEET WEST OF (AS MEASURED AT RIGHT ANGLES TO) THE AFORESAID EAST LINE OF THE NW 1/4 OF THE SE 1/4 OF SECTION 15, A DISTANCE OF 208.70 FEET TO THE POINT OF BEGINNING. 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 as follows: Legal Description for subject property to be rezoned from Holding and RMH to RMF: PROPOSED PARCEL 1 (RESIDENTIAL MULTIPLE FAMILY TRACT, AS SHOWN ON SHEET 2) 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 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 89°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°6'50" EAST, A DISTANCE OF 79.38 FEET; 6) THENCE SOUTH 89°8'01" WEST, A DISTANCE OF 136.19 FEET TO SAID EAST RIGHT-OF-WAY OF TAYLOR CREEK'S IMPROVED CHANNEL;THENCE NORTH 3055'09" 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 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 3055'09" EAST, A DISTANCE OF 172.40 FEET; THENCE NORTH 89048'55" EAST, A DISTANCE OF 475.52 FEET TO THE BEGINNING OF A CURVE Ordinance No. 1245 Page 2 of 4 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 00°17'10" 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 89.20'32" WEST ALONG THE NORTH LINE OF SAID LANDS, A DISTANCE OF 208.70 FEET TO THE NORTHWEST CORNER OF SAID LANDS; THENCE SOUTH 00°17'10" EAST ALONG 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 89°20'32" 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. The above 38.0+/- acres includes the following 1.7+/- acres to be rezone from RMH to RMF: 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 AND THE POINT OF BEGINNING; THENCE SOUTH 89021'12" WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST 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 LINE, 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; THENCE NORTH 89021'12" EAST ALONG THE SOUTH LINE OF SAID RIVER RUN RESORT PLAT, A DISTANCE OF 245.23 FEET TO SAID WEST LINE OF THE EAST HALF OF SECTION 15; THENCE NORTH 89020'32" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 673.22 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTHEAST CORNER OF SAID RIVER RUN RESORT PLAT; THENCE SOUTH 00015'42" EAST ALONG SAID EAST LINE, A DISTANCE OF 80.00 FEET TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15; THENCE SOUTH 89020'32" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 673.25 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN OKEECHOBEE COUNTY, FLORIDA AND COMPRISING 1.692 ACRES MORE OR LESS Legal Description for subject property to be rezoned from Holding and CHV: PROPOSED PARCEL 2 (COMMERCIAL TRACT, AS SHOWN ON SHEET 2) 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 00°14'15• WEST ALONG THE WEST LINE OF THE EAST HALF OF SAID Ordinance No. 1245 Page 3 of 4 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 89020'32" 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 -TANGENT CURVE BEING CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 2634.92 FEET, A DEGREE OF CURVATURE OF 35054'16", 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 89°48'55" WEST ALONG SAID SOUTH RIGHT-OF-WAY, A DISTANCE OF 581.03 FEET; THENCE SOUTH 00°11'05" EAST, A DISTANCE OF 163.66 FEET; THENCE SOUTH 3°55'09" EAST, A DISTANCE OF 172.40 FEET; THENCE NORTH 89048'55" 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 40023'01"; 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. 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 immediately after its adoption at the second and final City Council public hearing. INTRODUCED for First Reading and set for Final Public Hearing on this 15th day of March 2022. Dowling R. Watford Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 5th day of April 2022. Dowling R. Watford Jr., Mayor ATTEST: Lane Gamiotea, CMC1, City Clerk REVD FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney Ordinance No. 1245 Page 4 of 4