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2021-11-16 Ex 05 Exhibit 5 11/16/2021 ORDINANCE 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 TO HEAVY COMMERCIAL(CHV)AND RESIDENTIAL MULTIPLE FAMILY(RMF), PETITION NO. 21-001-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, the City has received and reviewed Zoning District Boundary Change Petition No. 21-001-R, submitted by Blue Springs Holdings, LLC, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning certain tracts of land totaling 54.8 acres; 16.8 acres from Holding to CHV and 38.0 acres from Holding to RMF; and WHEREAS, said petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review, that such petition is inconsistent with the Comprehensive Plan; and WHEREAS,said petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on October 21, 2021, determined that such petition is inconsistent with the Comprehensive Plan; and WHEREAS,the City Council 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 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 1/4; NORTH 1/2 OF THE NE 1/4 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 00°10'04" E ALONG THE 1/4 SECTION LINE A DISTANCE OF 1399.41 FEET TO THE POINT OF BEGINNING. THENCE BEAR N 89°25'18" 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 00'11'25" W ALONG THE AFORESAID EAST LINE A DISTANCE OF 450.00 FEET; THENCE BEAR S 89°25'18"W A DISTANCE OF 873.03 FEET; Ordinance No.1245,Page 1 of 4 THENCE BEAR S 00'10'04" 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 20°22'54" E A DISTANCE OF 24.40 FEET; 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 02o34'03"W A DISTANCE OF 76.66 FEET; S 00'53'25"W A DISTANCE OF 44.65 FEET;THENCE BEAR N 89°25'18" 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 114 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 89'21'13"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 89°21'13" W ALONG SAID SOUTH LINE A DISTANCE OF 208.70 FEET; THENCE DEPARTING SAID SOUTH LINE, RUN N 00°20'48" 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 89°21'13" 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. 1. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect approximately 16.8 acres of the aforementioned subject project be changed from Holding to CHV: 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 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" 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 89°20'32" 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 36°54'16", A CHORD BEARING OF NORTH 71-43-57" 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 37°55'09" 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 00°17'10" 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. Ordinance No. 1245,Page 2 of 4 2. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect approximately 38.0 acres of the aforementioned subject project be changed from Holding 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 00°14'15"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 89°21'12" 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 03°39'44" 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°16'50" EAST,A DISTANCE OF 79.38 FEET; 6) THENCE SOUTH 89°18'01" 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 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 89°48'55" 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 37°55'09" 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 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 001710" 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. 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. Ordinance No.1245,Page 3 of 4 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 November 2021. Dowling Watford, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 7th day of December 2021. Dowling Watford, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney Ordinance No. 1245,Page 4 of 4 CITY OF OKEECHOBEE, FLORIDA PLANNING BOARD AND WORKSHOP MEETING OCTOBER 21, 2021 SUMMARY OF BOARD ACTION I. CALL TO ORDER Chairperson Hoover called the regular and workshop meeting of the Planning Board for the City of Okeechobee to order on Thursday,October 21,2021,at 6:11 P.M. in the City Council Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida. II. ATTENDANCE Roll was taken by Board Secretary Patty Burnette. Chairperson Dawn Hoover, Vice Chairperson Doug McCoy, Board Members Phil Baughman, Karyne Brass, Rick Chartier, Mac Jonassaint, Joe Papasso, and Alternate Board Members David McAuley and Jim Shaw were present. III. AGENDA A. There were no items added, deferred, or withdrawn from the agenda. B. Motion by Board Member Brass, seconded by Vice Chairperson McCoy to approve the agenda as presented. Motion Carried Unanimously. C. There were no comment cards submitted for public participation. IV. MINUTES A. Motion by Board Member Baughman,seconded by Board Member Jonassaint to dispense with the reading and approve the September 16,2021, Regular Meeting minutes. Motion Carried Unanimously. V. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:12 P.M. A. Comprehensive Plan Large Scale Future Land Use Map (FLUM) Amendment Application No. 21-001-LSA from Single Family Residential to Commercial on 16.8+/- acres and from Single Family Residential to Multi-Family Residential on 38.0± acres located in the Northeast section of the City boundaries for the proposed use of a multi-family residential community and household storage facility. 1. City Planning Consultant Mr. Ben Smith of LaRue Planning and Management Services reviewed the Planning Staff Report recommending denial. He commented originally this application was being considered as a Large Scale FLUM Amendment but recently legislation was changed and the maximum acreage for a Small Scale FLUM Amendment within a Rural Area of Opportunity changed from 20 acres to 100 acres.Therefore, this Application will be handled as a Small Scale FLUM Amendment and processed accordingly. 2. Mr. Steven Dobbs, Agent for the Property Owner, Blue Spring Holdings, LLC, was present. Regarding traffic concerns raised by the Board, Mr. Dobbs commented he doesn't believe State Road 70 will stay as a four- laned road and this proposed project can be phased so they can meet the requirements needed. He has not started any design planning yet although, there are possible other access points that may be able to be used instead of solely Northeast 8th Avenue. He further commented there is someone who owns this property, and they have the right to develop it. The proposed site plan when designed, will still need approval from the Technical Review Committee before any construction can take place. 3. Two emails and one phone call were received and read into the record by Board Secretary Burnette from Ms. Dorothy Harris, 508 Northeast loth Avenue, Ms. Connie Raynor, 203 Northeast 8th Avenue and Mr. and Mrs. Sal Ventimiglia, 211 Northeast 8th Avenue in which all expressed their concerns against the proposed project. Public comments were offered against the proposed project by Mr. Neil Olmsted, 501 Northeast 8th Avenue, Ms. Marian Brewer, 201 Northeast 8th Avenue, Ms. Jennifer Lynch,506 Northeast 91h Avenue, Ms. Pedie Dickerhoof,212 Northeast 8th Avenue, Ms. Amanda Carter, 507 Northeast 91h Avenue, Mr. Bob Brandenburg, 303 Northeast 8th Avenue, and Ms. Dorothy Harris, 508 Northeast loth Avenue. DRAFT October 21,2021,Planning Board and Workshop Meeting Pagel of 3 V. PUBLIC HEARING ITEM A CONTINUED 87 surrounding property owner notices were mailed, signage was posted on the subject parcel and the application was advertised in the local newspaper. 4. Board Member Baughman disclosed, although he has not spoken to Mr. Dobbs,he does have a personal connection with the development of River Run Resort. 5. Motion by Board Member Baughman, seconded by Vice Chairperson McCoy to recommend to the City Council approval of Comprehensive Plan Large Scale FLUM Application No.21-001-LSA as presented in[Exhibit 1, which includes the findings as required for granting applications per Code Section 70-340;and the Planning Consultant's analysis of the findings and recommendation for denial]. Motion Failed.The recommendation will be forwarded to the City Council for consideration at a Public Hearing tentatively scheduled for November 16, 2021. QUASI-JUDICIAL ITEM B. Rezoning Petition No. 21-001-R, from Holding to Heavy Commercial on 16.8+/- acres and from Holding to Residential Multiple Family on 38.0+/- acres, located in the NE section of the City boundaries for the proposed use of a multi-family residential community and household storage facility. 1. Notary Public Patty Burnette administered an oath to Mr. Steven Dobbs, 209 Northeast 2nd Street, Okeechobee, Florida, Mr. Shaun Mackenzie, Mackenzie Engineering and Planning, 1172 Southwest 30'h Street, Suite 500, Palm City, Florida, who responded affirmatively. 2. City Planning Consultant Smith reviewed the Planning Staff Report recommending denial. 3. Mr. Steven Dobbs, Agent for the Property Owner, Blue Spring Holdings, LLC was available for questions from the Board. Board Member Baughman asked if the Applicant would consider taking out the commercial component and use the site instead for all residential. Mr. Dobbs responded the Applicant would like to move forward as is. 4. There were no public comments offered. 5. Board Member Baughman disclosed although he has not spoken to Mr. Dobbs,he does have a personal connection with the development of River Run Resort. 6. Motion by Board Member Jonassaint, seconded by Board Member Baughman to recommend to the City Council approval of Rezoning Petition No. 21-001-R as presented in [Exhibit 2, which includes the findings as required for granting Petitions per Code Section 70-340, and the Planning Consultant's analysis of the findings and recommendation for denial]. Motion Failed.The recommendation will be forwarded to the City Council for consideration at Public Hearings tentatively scheduled for November 16, 2021, and December 7, 2021. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 7:49 P.M. VI. CHAIRPERSON HOOVER RECESSED THE REGULAR MEETING at 7:49 P.M.AND CONVENED THE WORKSHOP AT 7:52 P.M. B. City Planning Consultant Smith commented given the length of Workshop Item A he would discuss Item B first. He reviewed the Planning Staff Report regarding changes to City's building elevation and earthmoving regulations, specifically but not limited to, dwelling foundation for all Zoning Districts. Staff has been made aware of drainage and flooding issues at several properties within the City which seem to have resulted from lot filling and earthmoving practices performed on neighboring parcels. He is wishing to examine potential code changes to prevent these situations from continuing to occur. He proposed the City may wish to remove text in Section 90-79 of the Land Development Regulations which requires a minimum foundation elevation and adopt standards to prevent owners from adding so much fill that it creates flooding for neighbors. In addition, maybe adopting some generalized standards to regulate lot filling and earthmoving. Discussion ensued among the Board regarding water not draining on another person's property and ways to get rid of the water on one's property. Definity agree that there needs to be some sort of enforcement mechanism so that one cannot simply bring in dirt and build up areas of their property or fill in swales, but they are not sure if the City should require permits for this or not. DRAFT October 21,2021,Planning Board and Workshop Meeting Page 2 of 3 VI. WORKSHOP ITEM B CONTINUED After a lengthy discussion among the Board, the consensus was to have the Planner do more research and bring the item back in another workshop. A. Due to the lateness of the hour,the consensus of the Board was to continue this item to another meeting. CHAIRPERSON HOOVER ADJOURNED THE WORKSHOP AND RECONVENED THE REGULAR MEETING AT 8:42 P.M. VII. Chairperson Hoover adjourned the meeting at 8:42 P.M. Submitted by: Patty M. Burnette, Secretary Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board with respect to any matter considered at this proceeding,he/she may need to ensure that a verbatim record of the proceeding is made,which record includes the testimony and evidence upon which the appeal is to be based.General Services'media are for the sole purpose of backup for official records. DRAFT October 21,2021,Planning Board and Workshop Meeting Page 3 of 3 0 � 7915* Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Blue Spring Holdings, LLC Address: NE 91 Avenue Petition No.: 21-001-R Request: Change from Residential Single Family to Commercial and Residential Multiple Family Lal uC �P711ckwn Street#206 Fort Myers, FL 33901 Staff Report Applicant: Blue Spring Holdings, LLC Rezoning Petition No. 21-001-R General Information Applicant/Owner Blue Spring Holdings, LLC Applicant Address 10860 SW 25' Street Davie, FL 33324 Applicant Email Address gad4545@gmail.com Site Address NE 9" Avenue Parcel Identification 2-15-37-35-OA00-00003-0000 and 2-15-37-35-OA00-00002-A000 Contact Person Steven L. Dobbs Contact Phone Number 863.824.7644 Contact Email Address sdobbs@stevedobbsenginering.com For the legal description of the project or other information regarding this application, please refer to the application submittal package which is available by request at City Hall and is posted on the City's website prior to the advertised public meeting at littps://www.citVofokeechobee.com/agendas.htmI The matter before the Local Planning Agency and City Council is a request to rezone a 54.8 acre parcel. The parcel is currently zoned Holding. The applicant's request is to change 16.8 acres to Heavy Commercial (CHV) and to change the remaining 38 acres to Residential Multiple Family (RMF). The applicant has submitted a concurrent request for a Future Land Use Map amendment to change the 16.8 acres to Commercial and the remaining 38 acres to Multifamily Residential. If approved for the Future Land Use Map amendment and this rezoning, the applicant has stated plans to construct a storage facility on the commercial portion and multifamily residential on the remaining area. Future • Use, Zoning and Existing Use Existing Proposed Future Land Use Single Family Residential Commercial Zoning Holding Heavy Commercial Use of Property Vacant Storage Facility and Multifamily Housing Acreage 54.793 acres 54.793 acres LaKue ptanniing Staff Report Applicant: Blue Spring Holdings, LLC Rezoning Petition No. 21-001-R 111P IN - . . . - . . - Future Land Use Industrial North Zoning Industrial Existing Use Vacant Future Land Use Okeechobee County Urban Residential Mixed Use East Zoning Okeechobee County Residential Mixed Existing Use Residential, Commercial and Vacant Future Land Use Single Family Residential and Commercial South Zoning Residential Mobile Home and Heavy Commercial Existing Use Mobile Homes and Vacant Future Land Use Industrial and Single Family Residential West Zoning Industrial and Residential Single Family Existing Use Residential and Vacant 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 repeated below in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments are shown in this Arial typeface. 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. Applicant Response: "The proposed request in not contrary to the Comprehensive plan requirements and is currently zoned Holding and the surrounding properties are zoned Residential Mobile Home, Single Family,Commercial and Industrial." Staff Comment: The City's Comprehensive Plan provides adopted level of service standards and other policies which ensure the those standards are maintained. The traffic analysis report submitted by the applicant finds that maximum development of the proposed commercial area could generate a volume of vehicle trips that would exceed adopted level of service D for SR- 70. We find that the applicant's requested future land use map change to Commercial is inconsistent with the comprehensive plan requirements and therefore, the request for Heavy Commercial is contrary to the comprehensive plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations." Applicant Response: "The proposed Household Storage Facility on Heavy Commercial zoned land (requiring a special exception) and a Multi-Family community on land zoned Medium Density Residential is specifically authorized under the proposed zoning district in the Land Development Regulations." L-R�c 2 pinning Staff Report Applicant: Blue Spring Holdings, LLC Rezoning Petition No. 21-001-R Staff Comment: City LDC Section 90-192 specifically lists multiple-family dwellings as a permitted use in the RMF district. City LDC Section 90-283 specifically lists enclosed warehouse and storage as a special exception use in the CHV district. If this rezoning is approved, the applicant will also need to request and be approved for a special use exception in order to move forward with stated plans. 3. The proposed use will not have an adverse effect on the public interest. Applicant Response: "The proposed land use change would be a logical extension of River Run resort and 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. Multi-Family residences will provide workforce, affordable housing in a master planned community that should benefit the public interest, while the Household Storage component serves to meet the needs of the community and local residents." Staff Comment: Staff agrees that multifamily housing is needed within the city and that providing it in this location creates a good transition between disparate surrounding land uses (industrial, commercial, residential). The storage use is also an appropriate use for the proposed location. However, approval of the requested change to CHV would allow a variety of other uses that could create traffic congestion which would 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. Applicant Response: "The proposed rezoning to Commercial and Residential will allow appropriate uses and is compatible with the surrounding land use patterns and should not create a detriment to the future growth of this area." Staff Comment: The main compatibility concern is the potential for traffic generation to cause congestion in the surrounding roadway network. 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. Applicant Response: "The proposed uses should positively impact property values, living conditions and be an improvement to the adjacent property and develop previously undeveloped land." Staff Comment: If the intensity of the commercial use is limited and if a new roadway is constructed on the unimproved public right-of-way of NE 13th Ave from SR-70 to the subject property, then we agree that there should not be any adverse effect on property values, living conditions, or development potential 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. Applicant Response: "The proposed use can be suitably buffered from surrounding uses to the east,west, southeast,and north. Adequate setbacks and landscape buffers will reduce any negative influence of multi-family residences,while the storage facility is sited along the northern edge adjacent to existing railroad tracks and away from existing surrounding uses." Staff Comment: The main concern for buffering will be to protect the existing residential manufactured home subdivision which lies in the middle of the subject property, and there is :4K'_ 3 Planning Staff Report Applicant: Blue Spring Holdings, LLC Rezoning Petition No. 21-001-R no reason to doubt that suitable buffering can be provided at time of site plan review. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Applicant Response: "The proposed uses and impacts to services should not overburden public facilities and will be addressed in project review.Adequate public services and utilities exist for the proposed multi-family community and storage facility.Recreational improvements and amenities are proposed within the planned community to offset the impacts to local public facilities. School impacts from future school aged children will be addressed appropriately.The potential development impacts will be within the scope of local review and conditions of approval for the proposed project." Staff Comment: The applicant has provided letters from the appropriate service providers of water, wastewater disposal, and public schools which state that there is adequate capacity to accommodate the potential development that could be built if the requested map changes are approved. However, as discussed above, there are unaddressed concerns regarding the potential to overburden SR-70. 8. The proposed use will not create traffic congestion,flooding or drainage problems, or otherwise affect public safety. Applicant Response: "The proposed use will not impact traffic congestion as this parcel was previously planned to access through River Run Resort along NE 8th Avenue,and when including a secondary access along the currently undeveloped NE 13th Avenue ROW,this should provide adequate access to this project. A separate access ROW to the storage facility is proposed along the eastern property line. There is an existing ditch to the south of this project that drains directly to Taylor Creek that discharges directly into the Rim Canal adjacent to Lake Okeechobee. 5 acres of on-site water management lakes will provide adequate storage for all impervious areas within the development. This project will not adversely affect public safety." Staff Comment: The applicant should not expect to route traffic through river run resort via NE 8tn Ave.The traffic analysis report submitted by the applicant finds that if the property develops to its maximum potential, including both the proposed commercial and multifamily area, the projected maximum trips generated will require connection to, or construction of, a two-lane collector or arterial roadway to connect to the City/regional roadway network. This will require construction of a roadway along the currently unimproved right-of-way of NE 13th St from SR- 70 to the subject parcel. However, this will be determined at time of site plan approval. Drainage of the site will also be addressed at time of site plan review. The close proximity to Taylor Creek provides ample opportunity to improve the stormwater management at the site. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. Applicant Response: "The proposed use has not been inordinately burdened by unnecessary restrictions." Staff Comment: No comment. LaKl°, 4 planning Staff Report Applicant: Blue Spring Holdings, LLC Rezoning Petition No. 21-001-R Recommendation Based on the staff recommendation for denial of the corresponding Future Land Use Map amendment and based on the foregoing analysis, we find the requested rezoning to be inconsistent with the City's Comprehensive Plan. Therefore, we recommend denial of the Applicant's rezoning request. Submitted by: Ben Smith, AICP Sr. Planner October 11, 2021 Planning Board Public Hearing: October 21, 2021 City Council Public Hearing: (TBD) Attachments: Future Land Use, Subject Site & Environs Proposed Land Use Change Zoning, Subject Site & Environs Aerial, Subject Site & Environs LaRaa 5 I nnLniig Staff Report Applicant: Blue Spring Holdings, LLC Rezoning Petition No. 21-001-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS NE 6TH ST gg —. I r -_ Subject Property NG T ST I BTN ST NE 9TN at E. . . . - NE STH eT NE ST o • NE OTN ST it L v� - NE3WST LAND USE CLASSIFICATIONS --- boundary_lines --— lot line SINGLE-FAMILY RESIDENTIAL MIXED USE RESIDENTIAL MULTI-FAMILY RESIDENTIAL COMMERCIAL INDUSTRIAL PUBLIC FACILITIES EASEMENT city_zo n ing_parcels_backg round RAILROAD CENTERLINE ------- HOPKINS MEANDER LINE LPRue 6 Staff Report Applicant: Blue Spring Holdings, LLC Rezoning Petition No. 21-001-R PROPOSED LAND USE CHANGE NE 9T4;T 1 d Single Family Residential to 3: Commercial 52 Single Family Residential ] � to 3 MLIIti Family Residential NE 07M ST Q < 1 ME 6TM ST I �- I �- NE 4TIi ST9 j( t u, • .: 14 4: � L i LeR��9 7 (8nr�l(l Staff Report Applicant: Blue Spring Holdings, LLC Rezoning Petition No. 21-001-R ZONING SUBJECT SITE AND ENVIRONS �. .I .,5��F 50 51 — 55 ! 54 53 52 82 N.E.BTH ST a a 4aa it<a a . 0 �• as \ 9 . HRA Us ' . Y = NE.,D TH rST _ _TIT"ST— r III � • NF 4 I't f5T ,•. `h ZONING 117 116 •lhS YEANOER LRIE •..,' 1, >, —. RAapoAD cerrtElawE 146 147 CEWRAL WSINESS OaS,R1CT • .. -+; a a — NEAVT COYY6+CL.L ELOW COYYERCOL COYYERCIAL PROFESSIONAL 6FF,,;. J� NOLD.,. PUBLgC FACL-VS PLANNED UNIT DEMMOPYEN 4AME0 VSE PLANNED UNIT DEVEL014YENT4 SSIOENrIAL RESOENrvLI YIATPLE FI1Lp. RE SDE1aTul YOMLE IOYE RESOENTUI SMr3LE AkIIII RESIDENTIAL SONOLE FAY'Lr•TWO •JNROCC'RPORT[fED LaR�c 8 planrlEng Staff Report Applicant: Blue Spring Holdings, LLC Rezoning Petition No. 21-001-R AERIAL SUBJECT SITE AND ENVIRONS vs 'IF :+ST,..! �F .: � __._.... .. _ � F• <'��I ��eya1}i. _�' iut�.,r..�rW►a,wse J." .r�l� �' .Yl!!t �.il ' • - • _ r '�� AF+np.. -,ra •F4's •,x�� ,�i, r r- +w ii- '-"21 `_-a•�s ,' R ''� _ } ^-" ell ra S Min%-ja rOC�SinC i/x �• 1ti,t� • 's•. 1 waiafe t. y #,,vm m llr 1 In °.. -- wr ....,Silt � .� )�� ! .4. x� k�• ~Rho i Ir Ell A y '14 r J< '�`- � .. ✓.''�� ,•,.. -f1W:"r � a W.- .�'�I...._ w. TJ,iY{a�.:i\ r .y _ L aKU0 9 ptanning City of Okeechobee Date: r�_ I_�� ?�j 'r€i' Petition No. I General Services Department Fee Paid: Jurisdiction: 55 S.E. 3'd Avenue Room 101 Okeechobee, Florida 34974-2903 I" Hearing: 1^;_ ?..��; 2" Hearing: Phone: (863) 763-3372, ext.9820 Publication Dates: Fax (863) 763-1686 Notices Mailed: 10r, Rezone Special Exception and Variance Q-1 .>c....: ,>, APPLICANT INFORMATION 1 Name of property owner(s): Blue Spring Holding, LLC 2 Owner mailing address: 10860 SW 25th Street, Davie, FL 33324 3 Name of applicant(s)if other than owner 4 Applicant mailing address: E-mail address: gad4545@gmail.com 5 Name of contact person (state relationship):Steven L. Dobbs - Consultant 6 Contact person daytime phone(s): 863-824-7644 ON y�.PROPERTY INFOMATI v Property address/directions to property:500 block of NE 9th Avenue, Okeechobee FL. 34972: 7 from the intersection of SR70 and NE 8th Avenue, headed north, proceed to the end of the cul de sac and the property is north of that cul de sac. 8 Describe current use of property: Agricultural Describe improvements on property(number/type buildings, dwelling units, occupied or vacant, etc. Vacant 9 Source of potable water: OUA Method of sewage disposal: OUA 10 Approx.acreage:54.793 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: There was a code violation for cleared vegetation, but that has been resolved. 11 12 Is a pending sale of the property subject to this application being granted? No Describe uses on adjoining property to the North: 13 North:Industrial East: Single Family Residential South:Commercial/Trailer Park West: Single Family 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 Request is for: (X ) Rezone (_) Special Exception (_) Variance 17 Parcel Identification Number:2-15-37-35-OA00-00003-0000 (Rev 4/2020) Page I of I I �T REQUIRED ATTACHMIENTS r 18 r Applicant's statement of interest in property: Owner Non-refundablea r -- c30; Special +_ c- czr: lli $ 00 aor}ication fc_: Rezoning: E3;0 plus„ acre; Special Exception: .c30 plus _(M ar<re:1 Variance:5500 f9 !Vote: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges E 1 When the cost for advertising publishing and mailing notices of public hearing s exceeds the a l established fee,or when a professional consultant is hired to advise the city on the application, i 1 the applicant shalt pay the actual costs. 20 1 Last recorded warranty dEe;t* 10129)/2019 1©-0840-nt N P, 21 , Notariz4d!otter of consent from property owner(if applicant is different from property a.vaer) I Three property surveys(one no larger than 11x1 r) containing: _ 22 I a. Certified boundary swmtiey, date of survey, surveyoes name, address and phone:nr:nzi3er s eA b. Legal description of ro z P p P Y pertaining inrng to the application d. Corn utation cf total acreac_e to nearest tenth of an acre J ' 23 a List of surround irig property owners:Ath addresses aril Iecation sketch of the subject property. See the information Reouest Form from the Okeechobee Property Appraiser's Office(attached) � 124 ;tf€davit attesting to comp!etenass and correctness of the list(atiached 25 Completed,specific application and checklist sheet for each rcauest checked in dine 15 Confirmation of Enformation Accurate I liereby certify that the information in this application is correct. The information included in this application is for use by the C:i`y of Okeecha'ee in processing my request. False or misleading infononation may be punisha0e by a fine of up to $500.00 and imprisonment of tip to 30 days and may result in the denial of this application. �ivrFaturrs Printed Name Date V - - Gad Rek^e-y For questions relating to this application packet, call General Services Dept. at(863)-763-3372,Ext. 9820 9/9121. 12M PM Detail by Entity Name DIVISION Or CORPORATIONS .orb 2§p4gmenl at stare I Dllrialon of CorgQratiors I Search Rewrd: l Seardihvgaw Name I Detail by Entity Name Flcr:da Lirnited Liability Ccrnpany BLUE SPRING HOLDINGS LLC Fllin.g tntorrigalion Document Number L16000070519 FEI/EIN Number NIA Date Filed 04108,'2016 Effective Date 04;OW2016 State FL Status AC I IV= ft.tjicipal Address 10860 SW 25 ST DAVIE,FL 33324 MAIMAg Aldf_@*5i 10860 SW 25 ST DAVIE, FL 33324 Registgre AAge!2LName&Address CAPETOWN LLC 10860 25 ST DAVIE, FL 33324 I Aui•ho��d Person()petal! Name&Address Title MGR CAPETOWN LLC 10860 SYJ 25 S DAVIE, FL 33324 i i Aft"m-R.RepoM Report:Year Filed Date 2019 UQU212019 2020 02/26/2020 2021 02/11/2021 P_4�rtl�tll.�magr� 4211UAU' 1-ANN-Q&.M-P CJRI View Image In PDF formal search,sunbiz.orWinquirylCorporabon Search/Sear+chResultDetail?lnquirytype=EntityName&directionType=Initial&s earchName©rder-BLUESPRINGH... 1l2 9MI.12:09 PM Detail by Entity Name UIVISION Or CCAPORATIONE QMjr4,renjqf Stato I 00,Ani,ri if Cnrni�mokms I 8,�nrrh Rnrr.r+ I :'n-r!,rh vy FnWyN.1- Detail by Entity t1ame Florida Limiled Liability Company CAPE FO'AIN LLC Filing lrjorrf!_q_tion Document Number L12000020182 FEVEIN Number 45-4674655 Date Filed 02M 012012 Effective Date 02MA'2012 State FL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 01TW2012 Event Effective Date NONE PrIPAP;lAddress 10860 SW 25 STREET DAVIE, Fl-33324 Moiling-Ad{rim 10860 SW 25 STREET DAVIE, FL 33324 Registered Agent Najn.(-&Address REGGEV, GAD 10660 SW 25 STREET DAVIE, FL 33324 Name Changed:04/21/2013 Address Changed: 0412112013 Authorized Person(s)Detail Name& Address Title MGRM REGGEV, ROY 10860 SW 25 STREET El DAVIE, FL 33324 Title r-ngr search.sunbiz.orqllnquiryiCorporarionSearchiSearchResultDetail?lnqui"pe=EntityName&dlrecUonType-Initial&searchNamn:Irdc-r--CAPETOWNL12... 112 2021 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT FILED DOCUMENT# L16000070519 Feb 111 2021 Entity Name: BLUE SPRING HOLDINGS LLC Secretary of State Current Principal Place of Business: 176153663OCC 10860 SW 25 ST DAVIE, FL 33324 Current Mailing Address: 10860 SW 25 ST DAVIE, FL 33324 US FEI Number: NOT APPLICABLE Certificate of Status Desired: No Name and Address of Current Registered Agent: CAPETOWN LLC 10860 25 ST DAVIE,FL 33324 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Authorized Person(s)Detail Title MGR Name CAPETOWN LLC Address 10860 SW 25 ST City-State-Zip: DAVIE FL 33324 1 hereby codify that the information Indicated on this report or supplemental report Is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605,Florida statules;and that my name appears above,or on an attachmant with ail other line ampuwerad. SIGNATURE:ROY REGGEV MGR 02/11/2021 Electronic Signature of Signing Authorized Person(s)Detail Date 2021 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT FILED DOCUMENT# L12000020182 Feb 11, 2021 Entity Name: CAPE TOWN LLC Secretary of State 2626966655CC Current Principal Place of Business: 10860 SW 25 STREET DAVIE, FL 33324 Current Mailing Address: 10860 SW 25 STREET DAVIE, FL 33324 US FEI Number: 45-4674655 Certificate of Status Desired: No Name and Address of Current Registered Agent: REGGEV,GAD 10860 SW 25 STREET DAVIE,FL 33324 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: GAD REGGEV 02/11/2021 Electronic Signature of Registered Agent Date Authorized Person(s)Detail Title MGRM Title MGR Name REGGEV,ROY Name REGGEV,GAD Address 10860 SW 25 STREET Address 10860 SW 25 STREET City-State-Zip: DAVIE FL 33324 City-State-Zip: DAVIE FL 33324 I hereby certify that the Information indicated on this report or supplemental report Is true and accurate and that my electronic signaluro shall have the same legal effect as it made under oarh;that 1 am a managing member or manager of Me limited liability company or the receiver or rrustee empowered to execute this report as required by Chapter 605,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:ROY REGGEV MGR 02/11/2021 Electronic Signature of Signing Authorized Person(s)Detail Date �dF 'fir Official Records Filc#2020009559 Pagc(s):5 G�tJ Sharon Robertson,Clerk of the Circuit Court& Comptroller Okeechobee,FL Recorded 10/2/2020 12:56 PM Fees: RECORDING S 18.00 D DOCTAX PD S28.00 Record and Return to: Matthew B.Wealcatch,Esq. 4000 Hollywood Blvd.,Suite#725-S Hollywood,FL 33021 This instrument prepared by: Matthew B.Wealcatch,Esq. 4000 Hollywood Blvd.,Suite#725-S Hollywood,FL 33021 Property Appraisers Parcel Identification(Folio)Number(s): No.2-15-37-35-0A00-00002-A000 WARRANTY DEED (Wherever used herein the terms "first party"and "second party"shall include singular and plural, heirs,legal representatives,and assigns of individuals,and the successors and assigns of corporations, and all pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter,singular or plural wherever the context so admits or requires.) THIS INDENTURE,made this day of 2020,BETWEEN,Robert Lee Dennis, Individually,a single man and Personal Representatii�ve of the Estate of Freida Wise-Dcnnis formerly known as Freida Wise,Daniel L.Brumley,a a !e0p/ _man, Angela.fewett,a married woman,and Rebecca Brumley Hampton,a iv __woman, whose post office address is 1590 SW 28 ST.,OKEECHOBEE,FL 34974(collectively party of the first part and/or Grantor),to BLUE SPRING HOLDINGS LLC,a Florida limited liability company,whose post office address is 10860 SW 25 ST.,DAVIE, FL 33324(party of the second part). WITNESSETH,That the said party of the first part,in consideration of the sum of Ten and 00/100 Dollars ($10.00),to it in hand paid by the said party of the second part,the receipt whereof is hereby acknowledged,has granted, bargained,and sold to the said party of the second part,its heirs,successors,and assigns forever,the following described land,situate,and being in the County of Broward,State of Florida,to-wit: The West 1/2 of the SE 1/4 of the SW 1/4 of the NE 1/4, lying South of the railroad, Section 15, Township 37 South, Range 35 West, Okeechobee County, Florida, Less that portion thereof previously sold to Fred and Carol Walker. SUBJECT TO: 1. Taxes for the year 2020 and subsequent years,not yet due and payable. 2. Easements, Dedications, Limitations, etc. of record, and zoning ordinances, without, however, reimposing the same. * Grantors hereby warrant that at the time of this conveyance,the subject property is not the Grantors' homestead within the meaning set forth in the constitution of the state of Florida,nor is it contiguous to or a part of homestead property. Grantors'residence and homestead address are: Robert Lee Dennis: 1590 SW 28th Street,Okeechobee,Florida 34974 And the said party of the first part does hereby fully warrant the title to said land,and will defend the saute against the lawful claims of all persons whornsoever. IN WITNESS WHEREOF,The said party of the first part has hereunto set its hand and seal the day and year first above written. iWITNESSES,SIGNATURES AND NOTARY ACKNOWLEDGMENTS ON FOLLOWING PAGESI File Num#2020009559 10/2/2020 2 of 5 Signed,sealed and delivered in the presence of: Print ame: Wit s#I By. Print acne: Robert Lee Dennis, Individually and as Personal Representative of the Estate of Freida Wise-Dennis formerly known as Freida ' Wise ri t Name: Witness `� STATE OF FLORIDA COUNTY OFC) The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization,this day off j- — 2020 by Robert Lee Dennis,Individually and as Personal Representative of the Estate of Freida-'-is nis formerly known as Freida Wise. ROXA4AALVAREZ MONZO Notary Public-State of Florida yr Q; Commission GG 357872 N TARY PIRLIC,State of Florida -'+p 6 My Comm.Expires Jul 22,ZOZ) Bonded through National Notar/Assn. Print Name: My Commission Expires: cg Personally Known OR _Produced Identification Type of Identification Produced: �c, ,Ce ,, 2 File Num#2020009559 10/2/2020 3 of 5 Signed,sealed and delivered in the presence of- Print Name: Witness#1 By: cDaniel U Print N . rumley Print Name; Witness#2 STATE OF l � COUNTY OF Pa fr' The foregoing instrument was acknowledged before me by means of(physical presence or❑ online notarization,this day of O,(,Lk-0 2020 by Daniel L.Brumley. TAMI LLOYD NOTARY PUBLIC COUNTY OF STATE 0 AR PUBLIC,State ofPARK WYOMINGjO�T int Name: i ( MY COMMISSION EXPIRES JANVARY03 2023 . My Commission Expires: 1 Personally Known OR Produced identification Type of Identification Produced: J j,(j j_q Cl�—1 t-/ 3 File Nnm#2020009559 10/2/2020 4 of 5 Signed,sealed and delivered in of Prtnt ame: Witness By: v Print Name:Angel weft Print Name: Witness#2 STATE OF i /'GECkj COUNTY OF C(C-Q(�)v�� The foregoing instrument was acknowled ed before me by means of physical presence or ❑ online notarization,this Q2 day of 2020 by Angela Jewett. OFFICIAL 0E-AL ✓1 NOYA}i1'f3��Ia ph�e�g� NOTARY PUBLIC,State of CGAfcM1I361(i34 F19• z3, Print Name: -OQ—iQ wrr oa�s�rsslon"P.€.§MA4M 4 9 My Commission Expires:_ 4jant j j 2-022 Personally Known OR K Produced Identification Type of Identification Produced !eJ ,5' t/6tjje Cam. 4 File Nurn#2020009559 10/2/2020 5 of 5 Signed, sealed and delivered in the prese Print Name: 1 ' r Witne1 a By: ss# 4PC"tPrint Name: Rebecca Brumley Hampton me: L. fog� Witness#2 STATE OF COUNTY OF -Si- Luc.v-- The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization,thisd4�4 day of 2020 by Rebecca Brumley Hampton. QNTARY PUBLIC,State of Print Name: My Commission 1✓xpires: Personally Known OR 1f Produced Identification Type of Identification Produced: :w. JANE L.BROCK Commission#GG267563 Expires February 12,2023 Bonded Tlw Troy Faro Insurance M-M-'7019 of c'+r Official Records File#2019011151 Page(s):3 Sharon Robertson,Cleric of the Circuit Court tic.Comptroller Olceechobce,FL Recorded 10/29/2019 11:52 AM Fees:RECORDING S27.00 D DOCTAX PD S2,800.00 This Instrument Prepared By: TOM W.CONELY,III CONELY&CONELY,P.A. Post Office Drawer 1367 Okeechobee,FL 34973-1367 Property Appraiser's Parcel ID#: 2-15-3 7-3 5-O A00-00003-0000 PERSONAL REPRESENTATIVE'S DEED THIS INDENTURE, made and entered into this 28" day of October, 2019, between CONSUELO PATRICIA ORDONEZ TURRIAGO, as the duly qualified and acting Personal Representative of the Estate ofJAVIER E.ORDONEZ,deceased.First Party,and BLUE SPRINGS HOLDING, LLC, a Florida limited liability company, whose address is 10860 SW 25th Street, Davie,FL 33324, Second Party. WITNESSETH: That the said First Party, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations to her in hand paid by the said Second Party,the receipt of which is hereby acknowledged,does hereby grant,convey,bargain,and sell to the said Second Party and its successors and assigns forever,all right,title and interest of the First Party in that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate, lying and being in Okeechobee County,Florida,to-wit: THE SW 1/4 OF THE NE 1/4 AND N '/ 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 114;THE SE 1/4OF THE NW 1/4OF THE SE 1/4;NORTH '/2OF THE NE 1/4OF THE SW 1/4: AND THE S %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: 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 BEARN 89°25'18"E ALONG ALINE 80.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THEN %OF THE S'/ 1 File Num#2019011151 10/29/2019 2 of 3 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 89025,181, W A DISTANCE OF 873.03 FEET; THENCE BEAR S 000 l0'04"EA DISTANCE OF 83.36 FEET;THENCE BEARS 89025,181,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 36059'52" E A DISTANCE OF 70.15 FEET;S 26001'09"E A DISTANCE OF 49.01 FEET;S 20°22'54"E A DISTANCE OF 24.40 FEET;S 09°48'57"E A DISTANCE OF 23.52 FEET;S 02145'22" E A DISTANCE OF 49.28 FEET;S 0020'24"E A DISTANCE OF 49.34 FEET;S 02034'03" W A DISTANCE OF 76.66 FEET; S 00°53'25" W A DISTANCE OF 44.65 FEET; THENCE BEAR N 89025'18" E A DISTANCE OF 245.92 FEET TO THE POINT OF BEGINNING. AND LESS AND EXCEPT THE FOLLOWING PARCEL: A PARCEL OF LAND LYING.IN THE NW 1/4 OF THE SE I/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 I/4 OF SECTION 15,THENCE PROCEED S 89-21'13"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'l3" 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 -rHE NW 1.4 OF THE SE 1/4 OF SECTION IS,A DISTANCE OF 208.70 FEET TO THE POINT OF BEGINNING, TOGETHER with all and singular the tenements, hereditaments and appurtenances belonging to or in any way appertaining to that real property,subject to all restrictions,reservations and easements of record, if any,and ad valorem taxes for the current year. TO HAVE AND TO HOLD,the premises herein granted unto Second Party, the heirs or successors and assigns of Second Party forever First Party warrants and covenants that: 1. First Party has not done or suffered anything whereby the premises have been incutnbered in any way whatsoever,except as aforesaid,and ,// 2 File Num#2019011151 10/29/2019 3 of 3 2. The real property described herein was not the homestead of the decedent; that the decedent resided at 20020 NW 80th Drive,Okeechobee, FL 34972(Parcel No. 1-12-36-33-0010- 00000-0110)when he died. THIS DEED is executed and delivered pursuant to authority vested in said Personal Representative by virtue of the Order Authorizing Sale of Real Property,riled in that certain Probate Proceeding in the Circuit Court for Okeechobee County,Florida,entitled"In Re:Estate of JAVIER EDUARDO ORDONEZ GARAY,&Wa JAVIER E.ORDONEZ,deceased,and being Probate No. 2016-CP-51 in the files of said Court. IN WITNESS WHEREOF,the said First Party as personal representative of the estate of the decedent,has hereunto set her hand and seal the day and year first above written. Signed,sealed and delivered in the presence of: � — _ �CONSUELO PATRICIA ORDONEZ TURRIAGO Witness's Signature Yl Calle 41421-34 -yW �E1Bogata,Columbia Witness's name printe Wye urc —rrt— Witness's name printed STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me on October 28, 2019, by CONSUELO PATRICIA ORDONEZ TURRIAGO, as personal representative of the estate of JAVIER EDUARDO ORDONEZ GARAY, a/k/a JAVIER E. ORDONEZ, deceased, who has produced a passport as proof of identity. Notary Public, State of Florida ..y r�K1.y�., EVA MAE CONEIY MY COMMISSION#GG 030157 EXPIRES:December 12 2020 �';°oJ.ta�•�•Ow"1TN Nopry Public Urderwn" 3 ��CI,�,r Official Records File#2019011147 Paoe(s):3 Sharon Robertson,Clerk of the Circuit Court&Comptroller Okeecliobee,FL Recorded 10/29/2019 11:52 AM Fees:RECORDING S27.00 D DOCTAX PD$0.70 This Instrument Prepared By: . Tom W. Conely,III Conely&Conely,P.A. Post Office Drawer 1367 Okeechobee,Florida 34973-1367 Property Appraiser's Property ID# 2-15-3 7-3 5-OAOO-00003-0000 IN THE CIRCUIT COURT FOR OKEECHOBEE COUNTY, FLORIDA. PROBATE DIVISION CASE NO.2016-CP-51 In re: Estate of JAVIER EDUARDO ORDONEZ GARAY, a/k/a JAVIER E. ORDONEZ, Deceased. PERSONAL REPRESENTATIVE'S RELEASE OF REAL PROPERTY The undersigned,CONSUELO PATRICIA ORDONEZ TURRIAGO,whose address is Calle 41 #21-34, Bogata, Columbia, as personal representative of the estate of JAVIER EDUARDO ORDONEZ GARAY,a/k/a JAVIER E.ORDONEZ,deceased,hereby acknowledges that title to the real property located in Okeechobee County,Florida,owned by the decedent at the time of death, described as follows: THE SW 1/4 OF THE NE 1/4 AND N'/z 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 1/4;NORTH'/z OF THE NE 1/4 OF THE SW 1/4; AND THE S '/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: File Num 4 2019011147 10/29/2019 2 of 3 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 BEARN 89025'18"E ALONG ALINE 80.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE N%OF THE S 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 00010'04"E A DISTANCE OF 83.36 FEET;THENCE BEARS 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 20°2254"E A DISTANCE OF 24.40 FEET;S 09°48'57"E A DISTANCE OF 23.52 FEET;S 02045'22" 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 00053'25" W A DISTANCE OF 44.65 FEET; THENCE BEAR N 89025'18" E A DISTANCE OF 245.92 FEET TO THE POINT OF BEGINNING. AND LESS AND EXCEPT THE FOLLOWING PARCEL: 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 89-21'l3"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 8902P13" W ALONG SAID SOUTH LINE A DISTANCE OF 208.70 FEET;THENCEDEPARTING SAID SOUTHLINE,RUNN 00020148"W ALONG A LINE PARALLEL WITH THE EAST LINE OF SAID NW 114 OF THE SE 1/4 A DISTANCE OF 208.70 FEET;THENCE DEPARTING SAID PARALLEL LINE,RUN N 89621'13" 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, Property Appraiser's Parcel Identification Number 2-15-37-35-OA00-00003-0000(the"Property"), has been sold,transferred and conveyed by the Personal Representative to Blue Springs Holdings, LLC, a Florida limited liability company,the personal representative hereby releases the Property from all rights and powers of the personal representative and acknowledges that the Property is vested in Blue Springs Holdings,LLC,free of all rights of the personal representative. File Num 4 2019011147 10/29/2019 3 of 3 IN WITNESS WHEREOF, the undersigned, as personal representative of the estate of decedent has executed this instrument on October 28, 2019. Executed in the presence of: CONSUELO PATRICIA ORDONEZ j TURRIAGO Personal Representative of the Estate of Witness's Signatures JAVIER EDUARDO ORDONEZ GARAY, "Z-1/h, tl?o�� C-Oe_� _ a/k/a JAVIER E. ORDONEZ,deeased Wi ess's Printed N arne Calle 41 #21-34,Bogata Columbia Witness' S�ature lore Li. eo d e- re �r Witness's Printed Name STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me on October 28, 2019, by CONSUELO PATRICIA ORDONEZ TURRIAGO, as personal representative of the estate of JAVIER EDUARDO ORDONEZ GARAY, a/k/a JAVIER E. ORDONEZ, deceased, who has produced a passport as proof of identity. Notary Public,State of Flori' EVAMAECONELY MY COMMISSfpN#GG 030157 i EXPIRES:Dumber 12 2020 BondedrnN f u�,y,;Lr; Blue Spring Holdings,LLC 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 Residential Mobile Home, Single Family, Commercial and Industrial. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations; The proposed Household Storage Facility on Heavy Commercial zoned land (requiring a special exception)and a Multi-Family community on land zoned Residential Multiple Family 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 would be a logical extension of River Run resort and 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. Multi-Family residences will provide workforce, affordable housing in a master planned community that should benefit the public interest, while the Household Storage component serves to meet the needs of the community and local residents. 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 rezoning to Commercial and Residential will allow appropriate uses and is compatible with the surrounding land use patterns and should not create a detriment to the future growth of this area. 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 uses 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 uses to the east, west, southeast, and north. Adequate setbacks and landscape buffers will reduce any negative influence of multi-family residences, while the storage facility is sited along the northern edge adjacent to existing railroad tracks and away from existing surrounding uses. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets,and utility services; The proposed uses and impacts to services should not overburden public facilities and will be addressed in project review. Adequate public services and utilities exist for the proposed multi-family community and storage facility. Recreational improvements and amenities are proposed within the planned community to offset the impacts to local public facilities. School impacts from future school aged children will be addressed appropriately. The potential development impacts will be within the scope of local review and conditions of approval for the proposed project. 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 parcel was previously planned to access through River Run Resort along NE 8"'Avenue, and when including a secondary access along the currently undeveloped NE 13"'Avenue ROW, this should provide adequate access to this project. A separate access ROW to the storage facility is proposed along the eastern property line. There is an existing ditch to the south of this project that drains directly to Taylor Creek that discharges directly into the Rim Canal adjacent to Lake Okeechobee. 5 acres of on-site water management lakes will provide adequate storage for all impervious areas within the development. 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. Blue Spring Holdings,LLC (Description of requested land use change and reason for request) Blue Spring Holding, LLC,has purchase this parcel that is approximately 54.8 acres located in Section 15,Township 375, and Range 35E. The property's parcel ID is 2-15- 37-35-OA00-00003-0000. 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 of 16.8 acres to Heavy Commercial (CHV) and 38 acres to Residential Multiple-Family(RMF). The proposed zoning is generally consistent with adjacent lands at this location surrounded by a Residential Mobile Home subdivision to the southwest, single family homes to the east and west and commercial to the southeast and industrial to the north. This dual use zoning will allow a multi-family residential community and household storage facility to compliment the existing pattern of uses. This application is for the City to grant a zoning on this parcel from the existing Holding to 16.8 acres of Heavy Commercial and 38 acres of Residential Multiple-Family. There is currently once access off NE 8`'Avenue through River Run Resort and a proposed second access off NE 131h Avenue, a currently undeveloped City ROW or to the east off undeveloped ROWS on NE 5`1 or 61h Streets. Blue Spring Holdings, LLC requests that the Planning Board recommend to the City Council to grant the request to rezone this parcel of land to Heavy Commercial and Residential Multiple Family. LEGAL DESCRIPTION: 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 1/4; NORTH 1/2 OF THE NE 1/4 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&El) 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 00°10'04" E ALONG THE 1/4 SECTION LINE A DISTANCE OF 1399.41 FEET TO THE POINT OF BEGINNING.THENCE BEAR N 89'25'18" 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 00"11'25"W ALONG THE AFORESAID EAST LINE A DISTANCE OF 450.00 FEET;THENCE BEAR S 89°25'18" W A DISTANCE OF 873.03 FEET; THENCE BEAR S 00°10'04" 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 20°22'54" E A DISTANCE OF 24.40 FEET;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 00'53'25"W A DISTANCE OF 44.65 FEET;THENCE BEAR N 89°25'18" 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 89'21'13" 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 89-21'13"W ALONG SAID SOUTH LINE A DISTANCE OF 208.70 FEET;THENCE DEPARTING SAID SOUTH LINE, RUN N 00'20'48"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 89-21-13" 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, ✓1-15-37-35-0030-00040.0010 OKEECHOBEE COUNTY 304 NW ZND STREET OKEECHOBEE FL 34972 ✓1-15-37-35-0040-00020-0010 NEAL VINELLE J PO BOX 922 OKEECHOBEE FL 34973-0921 1-15-37-35.OD4D-WO20.0060 BRADY LASHONDA DINSE 29060 SW I60TH AVE HOMESTEAD FL 33033-2330 ✓1-15-37-35.0040-00020.OM SINGH RITA 133-43128TH STREET SOUTH OZONE PARK NY 11420 ✓1-15-37-35.004 00020-0110 GARLAND JAMES 14997 BRAHMA RD POLK CRY FL 33868 1-1S-37-35.0040.00020-0120 GARLAND JAMES ✓ 14997 BRAHMA RD POLK CITY FL 33868 1-IS-37-35.0040-00030.0030 BYRD DEMOND ✓609 NW 15TH ST OKCECHOBEC FL 34972.4358. m -15-37-35-0040-00030-0050 LOUIS TODD M ✓. 2002 SHERMAN AVE PALATKA FL 32177.5839 115.37-35-0040-00030-0060 GIVENS ARNETTA 1996 NICKLAUS DRIVE. 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"4`oth Clues' i F fir} ,-�f��,•�� w -, s' �R�.1�^'r♦`L _ �"' � Pa: �*.,'��* �i 3 r Y' `; i St `. ,- i". _ t v a. ,ry. I:E?THST - ; - — ---�� `ytt ' ,�•'. 11• i�—• mil d ,.,7. e-a,-•,...e.ttl� � y'' s � �ti• ro +w....r� a.e.. �� .J-+ �..', �� I�i.� .ate{ � �� e j` rah•. '� T •' .� � a :�' l!I � n ••_' ,I » TH � . NE t 0 STnz �j.. Ll: - r. �♦r. 1- t. � +�.pF � '�,, ��•'' -. �{ic•;i'P'�' r�F��t �,! ".��?•,ra lS Ll ' 1: 7 .r•+. �2. •S. < - Cam_. dr )c c liL r �3r; '!HST J-! _ ,MtFr-- iI I d 4 J,A •�Wh ! g r c' x a 014 �I SUBjECT PARCEL WJ�►d� •r. I ,YSf' •e� q Frr2t.• .as: a hr,;2. �. .r i ! � , < 'i Z. 2 _. 3� �+• �� R ��]S -'.fRS31�i.1.,:T++T- �� • ,. -� ,_,. ... 4 ''T K -aN 'l � �t - W. '�- ( •_ v a<< - - ` , - 5�'Rc 'a'' I °3�"1-�^'+( VE.6TH STD N ' � -, r �_',f �L :rr� E7THI$, t I �i} +�j>'C� �`-I•�m.:� `' ��y� g.�re<i �t �a `♦ .. _.r. .y `Z �:' _ e i'=`ddrh.E'"tiC" •iw:.. +�`�'tt,��r4 y ..�r.-..a�.rac'.,@aY`I' "S_..i.r.�.•ss^c1 I ri*aw•riia Y.l:' 'l` ... '(=" uj I W r�•.A. ".a,� vn I (I��I�j. �` - �,<(� q•' .,� � t,4 r�•;. �$ , •9 ty, .; ','eti><, _ Iet 4_� �...tC .?R T• :T71`:.r4.� I!m Is r �7 .* �V i � ;'��=1�..•-�?2 ja.l' IZ- �'b - S •� •'3 �' `4:+ —� - vE 5TH ST i+ <.-. `+�1 1 ; r'l -.s ,.t �. 1. - ?'- NE 6TH STr—. �,yd 3ti ,y�1t I �► �C �!a Ji< i .'Y+4!:I�;* f - i W 'ra ••''. _ jF-a• k.` .. - .. _ __ z - -. •dt..i,;. .(.'_. ,� ' '• `•'�' ,�'++Z. �' 16�' ,.� i x�`-•� 31I� ;. _ t_ I p �/}r � {� f�� ay - _ �sl' �t.t�4� a��i4� fY s E 5TH ST.NE 5TH T, G IJ� tTH ST - r l��ys "e,` 'I ••R.. ri�jr�.�t,�.vcF'�t'i�3 - :, $]s'��jXY, �p ' , r '� aNE 3RD STD--- 7`-siL•7 Z _.I.�`S I r _- - ,-.:.A e!'7,•t`s ') f Z 1 " :y„!•y '• --1 �_ -*' _>� .:i'-j ". ,`• ''� ,i7r A••J7�•I it< v -�i 'r ` " \ y� s <g� g'�'1 �-Lw �,s ��'._d�� i't.F�2$.# r•y �' �+ } _', 1 q. 3m, ..J'� k W !' I W. yx ..,j ,�• - 1 r ?�1(� Z NE 2ND STI 9- -;...y I 's r�-• �i y � r ISR 70 E------- --- - - _ ;, :-"fir• - -> --- � - � --�All OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE PeGL:" 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 fist of the property owners. addresses,and parcel identification numbers of all parcels and tracts within three hundred(300)feat not including intervening streets,alleys,or►vatenvays,of the perimeter of the lands which are subjects of,or are contiguous to but held under the some ownership as, the lands subject to the application for a change in land use araoning,said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property ApFraiser of Okeechobee County as of August 27 202 s _. and the Assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that once. 1 therefore attest to this � U 4 day of ��Vv u Signature of Applicant Cate Gad Ragpev Name of Applicant(printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this day +� � ' Y of �' _" Pcrsonatly known to me or produced as identification and did not take an oath Seat. „vw Notary Public, State of Florida �� STEM L. I)QSBS MY l UISSrO N n HNa4765 EMPIRE$:0C'0I>er 41,2024 VA c/tGEND: --- L�T��L 1L� DD Lri��Wl�Lf'lJ�OC UV JJW� �� ORB. OIM'YLREDdDpaeN LOCATED IN SECTION 15; TOWNSHIP 37 SOUTH; RANGE 35 EAST "a A. 55 0R3. OMIAL PCCOD iM ,c'C E n Pa vur eoa S nYgy SR wtA1E RdD - g "/ TM SECTION BREAKDOWN & PARENT PARCEL: m i(c) cAInAATO W_ (� FOLD SECTION 15;TOWNSHIP 37 SOUTH;RANGE 35 EAST 'HE ' (P) PUT m �YENT (SCALE: 1 INCH=500 FEET) PARENT PARCEL LEGAL DESCRIPTION: ♦♦w g n. eq 14E2 p.U. O PONY PINT O OFF BCmwNG TIE SW i/{d THE NE 1/4 AYD N I/1 d THE NM I/{d 11E ff 1/1 S(IYM d llE SK =F'. P.O.0 PNT d CO OOoCNt RARAOp F1Ili-d-MAY;SM T/{d TE NW 1/4 d 1NE SE 1/1:OC SE"I OF IM NW I/4 PI PARR I RIpYi d TE SE 1/{;x SAS OF IA I R O V4 d OE Sw IN AXp T S 1TA d 1NE NE 1/4 d OE SN 1/4 IYIxO FAST 0A TMO dEEp:FMCNN 0 L 1/1 EAST d UNS N C0 F Tim S E43TI SOUTH d OE OUT.RV.O F W ALL MAT PORTOU SLAXD WGTEO W OE NE 1IS.d ME k tEALM SM_N.D NC SE V.d OE 11M'1/1,SgITN d lXE 5.4E RAILROAD W SEDiDN 15.MWISHP i SECTEW 3)SWM.RMCE A FAST.TDT uE5 EAST d TAYLd CRRN R 11 FI.CNMYEL AS RELORg91 iOMxAAP IN RAT p00it].PAGE M.PUBUC RECODS d OCEFCNOBFE COVu1Y,RDRIN P.M{ P.".I pA PARCEL 1 P.P2 vP--SF9 PARCEL 2 <V T EMCA NM:./. 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THANK YOUI. Vitor Sugurl' Community Planner Vitor.Suguri@dot.state.fl.us Okeechobee SR 15 ( US 98/US 441 ) Resurfacing Vitor Suguri Planning Studio 11/16/21 FDOT ST TO SW 3RDST 1 . Improve ped/bike features by providing improved curb ramps and high emphasis markings at all approaches at SIR 15 (US 441/US 98) FROM SW 28TH• 28thStreet. It 2. New rst • rms • ■■■ rr �• � t 3. Lighting and regulatory signs 25t 4. Include Safety Project .r •,, ``� Gam. A—L.4�Ai �� V;'`4A � em »�" F , APO All ,§ E ;..� FROM NW OF 3RDST TO NE 120THST 1 . Flexible Pavement Reconstruction from NE 7th Street to NE 92. This project includes a complete th Street rebuild of the Railroad Crossing and co nstruction began on 6/11/2021 . ir2 3. 4 Sidewalks andrampsincluded • • tracks. - FROM NW OF 3RD ST TO NE '120TH ST 4. Ped features and high emphasis M crosswalks are included at 9th Street. NW et NE a 5. Provide buffered bike lanes where t E outside lane is 20-feet 6. Provide new mast arms and lighting St at 9th Street. m Amtrak- yk- - Okaa sc ho h.e � a 11z N NE 8th St fi FROM NW OF 3RDST TO NE 120THST S.. 1 . Update signal � tiK w 2. Update lighting 3. Replace high emphasis crossings at all approaches 3 Z � FROM NW OF 3RD ST TO NE -120TH ST 1 . Convert the extra pavement on the 100 10 NW btli til j outside lane to a bike lane from - R 3rd to the RR tracks. , 2. Profiled Thermo Marking on shoulder lines where speed is s greater than or equal to 55 mph - o F 1 II Z 4 Su li t NW Il li GI Nt Itl v m FOCUS ON DRIVIN64D IT CAN WAIT XtoRp 97T, - t � ,,,,��-•` �-`tea '�1 1 1- �..}_ 4:,t MA��I tip♦ .�f� „�11�♦�� ..f ,K:• r