2013-09-19MINUTES OF THE
TECHNICAL REVIEW COMMITTEE
THURSDAY, SEPTEMBER 19, 2013, 10:00 A.M.
CITY OF OKEECHOBEE
55 Southeast 3rd Avenue
Okeechobee, Florida 34974
Page 1 of 4
I. CALL TO ORDER — Chairperson.
The meeting was called to order at 10:08 a.m. by Chairperson Whitehall.
II. STAFF ATTENDANCE — Secretary.
City Administrator Brian Whitehall - Present
Building Official Jeffrey Newell - Absent w /consent
Police Chief Denny Davis - Present
Fire Chief Herb Smith - Present
Public Works Director David Allen - Present
City Engineer- Position is vacant at this time
Non - Voting Ex- Officio Members:
City Attorney John R. Cook - Present (entered Chambers at 10:19 a.m.)
City Planning Consultant Bill Brisson - Absent
OUA Executive Director John Hayford - Present
County Environmental Health Department Representative - Absent
School District Representative - Absent
Committee Secretary Patty Burnette - Present
III. MINUTES — Secretary.
A. Police Chief Davis moved to dispense with the reading and approve the May 16, 2013, regular meeting
minutes; seconded by Public Works Director Allen. Motion carried unanimously.
IV. NEW BUSINESS — Chairperson.
A. CRCO Properties, LLC. 13- 002 -TRC — Second review. Application was submitted by Mr. Steven
Dobbs, P.E., Project Engineer on behalf of the property owner, CRCO Properties, LLC, (Dr. Charles
Bartels, President), in regards to converting an existing 8,000 square foot retail furniture store into a
fitness center (5,000 square feet), a retail nutrition store (1,500 square feet), and warehouse space
(1,500 square feet), located at 704 North Parrott Avenue, Okeechobee (Lots 18 to 20 of Block 57, City
of Okeechobee), and to include a remote parking lot (Lots 10 to 12 of Block 77, City of Okeechobee) —
Senior Planner.
Administrator Whitehall began the discussion by clarifying this was the second review for Application
No. 13- 002 -TRC, and asked Mr. Dobbs, whether the configuration of the building had changed since
the first review. Mr. Dobbs responded yes, it will now have 5,000 square feet for a Fitness Center and
3,000 square feet for retail. The floor plan was not available at this time. The Site Plan being used for
review at this meeting is dated August 5, 2013, the first review plans are dated January 9, 2013. A third
set of plans will be submitted to the City with changes /corrections based upon items discussed today.
The Planning Staff Report was addressed in an effort to assure correct interpretation of items that were
to be corrected or revised based on action noted at the first review, and approval of the remote parking
lot. These issues were highlighted in the Planning Staff Report. The main site (Lots 18 to 20 of Block
57, City of Okeechobee) does not have an area sufficient to meet parking requirements. The owner has
additional vacant property, within the area that could be developed into an off -site parking lot.
TRC - September 19, 2013 - Page 2 of 4
IV. NEW BUSINESS CONTINUED.
A. CRCO Properties, LLC. 13-002-TRC continued.
The applicant was successful in obtaining City Council approval for a remote parking lot, to be constructed
one block to the South (Lots 10 to 12 of Block 77, City of Okeechobee, corner of Northeast 61h Street and 2nd
Avenue). This creates a pedestrian walkway issue to be resolved. The proposal to date is to make
improvements within the 15 foot wide alleyway, running North to South, in Block 77. However, this concept
is compounded by the owners of Lots 3 to 5 (David and Anita Nunez), by Use of Alley Agreement with the
City. The Nunez's were granted permission to pave and construct a landscape planter within the North end
of the alley, as it divides Lots 3 from 4 and 5. Applicant's request would require removal of part of the planter
as well as the two parties entering into a written agreement giving consent for traverse across the
improvements. The agreement is being reviewed by Attomey Cook.
Administrator Whitehall read into the record, a letter sent by Attorney Cook, dated September 13, 2013, to
the applicant's Attorney, John Cassels, which explains the situation better: "The current standing of the
application at this point seems to be that the City Council approved the actual site plan for the off -site
parking lot just east of Dr. Bartels' building; however, the actual route and means of access from that remote
site to the gym facility remain to be determined. The proposed route runs through the City alley way, but
must cross the handicap parking area maintained by Anita Nunez acquired by a prior alley use agreement
with the City. Based upon other fitness facilities I have seen in town, it is possible the gym site itself may be
sufficient to handle all of the customers that may visit the gym, but of course, since that site cannot comply
with current City codes, the overflow lot was approved. We must assume then that the overflow lot will be
utilized to some extent. The primary concern I have is that upon City approval for a walkway in an alley that
crosses an active parking lot, our stamp of approval on the proposal means that when one of the gym
customers is run over in the parking lot, there will be three defendants, Dr. Bartels, Ms. Nunez, and the City.
If the current draft is accepted by the City, Brian and I have agreed that the following conditions must be
met: a. The walkway must be designated by painted striping in its entirety, from the exit of Dr. Bartels lot to
the Northern edge of N.E. 7th Street. b. The walkway must be straight North /South across N.E. 7th Street,
terminating at a sidewalk constructed by Dr. Bartels along the North edge of the street, connecting to the
driveway to the gym, as we designated on the set of plans. c. Dr. Bartels must provide signs to be placed at
each parking spot owned by Ms. Nunez in compliance with Florida Statutes, indicating they are for her
business only, and will be towed otherwise. Also, a sign for the City's placement on N.E. 7th Street on both
sides of the street, warning of pedestrian crosswalk. d. Dr. Bartels must erect an appropriate fence or
shrubbery, along the East/West boundary of the City alley between his lot and that of Ms. Nunez, so as to
direct his users to the striped walkway to prevent them from meandering across her parking lot. e. Dr.
Bartels must provide an insurance rider with the City as additional insured for his use of the city alleyway in
no less than one million dollars liability.
These are just talking points at present, as the TRC as a whole may endorse all, some, or none of these
conditions. I can tell you that if Dr. Bartels were to choose an alternate route, along the block wall of Ms.
Nunez's parking lot, that would be endorsed by Brian and myself. Of course that would require him to
purchase or lease the space from Ms. Nunez and to relocate the parking stops away from the wall. That
route is marked on the plan as well.
Concerning your parking covenants, we would suggest: a. In paragraph 1, you should include that the
Doctor could use the remote lot for his employees /customers at his own business as well. b. The termination
of the agreement would mean that the former gym facility may likely go back to be in non - compliance with
City parking codes. So, for purposes of title examination for the new buyer /owner, we would request a
paragraph be added that sets out in the event of termination, any subsequent owner /tenant should be
placed on notice that parking spaces may be an issue for any future use. Your response may well be that
such a clause would affect the Doctor's ability to sell the parcel, and the new buyer has the burden to
TRC - September 19, 2013 - Page 3 of 4
IV. NEW BUSINESS CONTINUED.
A. CRCO Properties, LLC. 13-002-TRC continued.
investigate the matter, but let me know."
A lengthy discussion followed regarding the pedestrian route. Mr. and Mrs. Nunez were present and noted
their concern of creating a potential liability for them by agreeing to the pedestrian walkway on their
property. An additional concern was a stipulation made by the City Council that the agreement entered into
between the Nunez's and CRCO Properties, LLC., that involved the pedestrian walkway, would remain with
the property. This could negatively impact the sale of the property in the future. Administrator Whitehall
pointed out that due to the proximity of the Fitness /Nutrition Center's remote parking lot to the Big Lake Eye
Care facility (Lots 6 to 9 of Block 77), customers of Dr. Bartels should be discouraged from using the area to
park.
Discussion then turned to an alternative pedestrian walkway concept that would allow a sidewalk to be
constructed on the East side of Block 77, along Northeast 2nd Avenue. This would increase the walking
distance for employees and customers, though it creates a safer path. The majority of the Committee was
receptive to this concept.
The next item addressed the parking space sizes and location within the remote parking lot. Twelve of the
38 spaces indicate the required measurement of 9 feet by 20 feet. The rest are 9 feet by 18 feet. Mr. Dobbs
explained, as utilized and approved on past site plans, two feet of the car would hang over in front of the
space. However, the plans show that along the North side, the parking spaces are two -feet from the
property line. To rectify this situation, and allow for the 2 -feet plus a 2 -foot buffer strip, the entire parking lot
will be shifted South (revised plans will illustrate this change). The parking spaces located on the perimeter
will still be 9 feet by 18 feet with the front of the cars hanging over the landscaping or sod. Spaces located in
the middle of the site will be 9 feet by 20 feet with 24 feet between the spaces in the aisles.
The final item for the remote parking lot denoted adding six bushes in order to meet the required landscape
buffer. Plans currently show 12 trees and 21 bushes. Mr. Dobbs offered there would not be a problem with
providing the additional bushes to meet the requirements.
Turning to issues at the main site (Lots 18 to 20 of Block 57, City of Okeechobee), the Planning Staff Report
addressed off - street loading. There is a 10 foot by 30 foot loading space identified on page 3 of 6 of the
plans that interferes with the two easternmost parking spaces. Suggested corrections were offered.
However, Mr. Dobbs explained that on the revised plans, a 10 foot by 30 foot loading zone is located on the
approximate East side of the subject building. The route of access will be upon entering the site, to stay
along the Southern most side of the parking lot, and then tum north to the loading zone area.
Continuing at the main site, the location of the commercial dumpster was not indicated on the plans. It was
determined that with approval from Waste Management, the dumpster could remain at its current location at
the Northeast comer of the property behind the building, and would need to be identified accordingly on the
revised plans.
Lastly, Mr. Dobbs stated the lighting plan will be met, he has emailed the information to Planner Brisson,
and the revised plans will show this information.
Comments from the Departments:
County Environmental Health Department: Mr. McCoy was unable to attend the meeting and submitted his
comments to Committee Secretary Burnette, to be read into the record: a Health Department Permit would
be required, should the applicant decide to abandon the septic system. Remind the applicant that in the
event that tanning beds and/or a jacuzzi are installed at the fitness center, the Health Department would
then need to be contacted.
TRC - September 19, 2013 - Page 4 of 4
IV. NEW BUSINESS CONTINUED.
A. CRCO Properties, LLC. 13- 002 -TRC continued.
OUA: Mr. Hayford questioned the connection of the sewer system and ownership. Mr. Dobbs responded
there are two systems; the plans are to connect into the existing force main owned by Dr. Bartels. Mr.
Hayford added that water capacity and connection was not an issue.
Building Official: Mr. Newell submitted comments to Mrs. Burnette prior to the meeting which related to
safety concerns with the walkway and the sale of the property in the future.
Public Works: Director Allen was concerned with providing a safe route for pedestrians crossing Northeast
7th Street, and requested the installation of "Pedestrian Crossing" signs, "No Parking" signage for the
Nunez's parking lot and on North side of Northeast 7th Street along the subject property.
Police Department: Chief Davis noted his concerns with needing "No Parking" signs along Northeast 7th
Street.
Fire Department: Chief Smith commented that the landscaping would need to be maintained to allow proper
access for fire equipment on the properties, the main site and remote parking lot.
Director Allen made a motion that the TRC recommends the applicant to consider two alternatives:
moving pedestrian access to the east side (of the Block) or to install a sidewalk along Northeast 2nd
Avenue. Signage and parking on the Nunez's property would still need to the addressed; seconded
by Chief Davis. Motion carried unanimously.
V. ADJOURNMENT— Chairperson.
There being no further items on the agenda, Chairperson Whitehall adjourned the Technical Review Committee
meeting at 11:01 a.m.
PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the Technical
Review Committee with respect to any matter considered at this proceeding, such interested person will need a
record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. General Service's media
are for the sole purpose of backup for official records of the Department.
ATTEST:
a ti{.131.U2act_
Brian W i all, Ch rperson Patty M. Burnette, Secretary
/0„:,. � CITY OF OKEECHOBEE
SEPTEMBER 19, 2013
•• ; TECHNICAL REVIEW COMMITTEE
HANDWRITTEN MINUTES
I. CALL TO ORDER- Chairperson: September 19,2013 Technical Review Committee Meeting, 10:00 a.m.
10. C)
:
II. STAFF ATTENDANCE- Secretary a- 'pllC O4 1 6 h_ fn 01 Y1(1 cop
Present Absent n''+9-5 fL4'v C •
Administrator Whitehall t
Building Official Newell ✓ W 1, ,.F
Chief Davis
jd-efic .-- Chief Smith ✓
aCktrYI CNA Engineer Position vacant at this time
W-1'n 6Yt IVY(ct Public Works Director Allen ✓
Non-Voting Ex-Officio Member:
Attorney Cook
County Health Department McCoy t"
OUA Executive Director Hayford ✓
Senior Planner Brisson ✓
School Representative
Secretary Burnette ✓
III. MINUTES - Secretary. r ..U-abq.Q.ff 116-Vti. I irl WO 1
A. Motion to dispense with the reading and approve the Sul'nmary of Technical Review Committee Minutes for the May
16, 2013 regular meeting.
-Da✓l S moved to dispense with the reading and approve the Summary of Technical Review Committee
Minutes for the May 16, 2013 regular meeting; seconded by itid GP-1h .
VOTE YEA NAY ABSTAIN ABSENT
Allen ✓-
Davis ✓
Newell `/-
Smith
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APOVED DENIED
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IV. NEW BUSINESS- Chairperson. i ®:/D
A. CRCO Properties, LLC. 13-002-TRC-Second review. Application was submitted by Steven Dobbs, P.E., on behalf of the
property owner, CRCO Properties, LLC, in regards to converting an existing 8,000 sq. ft. retail furniture store to a 5,000 sq.
ft. fitness center, 1,500 sq. ft. retail nutrition store and 1,500 sq. ft. of warehouse space located at 704 North Parrott
Avenue,Okeechobee, FL. and to include remote parking lot—Senior Planner.
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Motion: moved to approve/deny site plan review submitted by Steven Dobbs, P E., on behalf , , ,
�L of the property owner, CRCO Properties, LLC, -gards erting an existing 8,000 sq. ft. retail furniture store too
o a 5,000 `�°?��,'
sq. ft. fitness center, 1,500 sq. ft. retail ''. s • - and 1,500 sq. ft. of warehouse space located at 704 North arr tt .
q� q• �lry'c�nfltCu
s�X Avenue, Okeechobee, FL. an c ude remote parking • econded by i 11 b et 1La'rl
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VOTE YEA NAY ABSTAIN ABSENT
Allen V
Davis ✓
Newell ,'
Smith ✓
Whitehall r/'
APPROVED DENIED Ci A f r t L
V. ADJOURNMENT-Chairperson.
There being no further items on the agenda, Chairperson IV lu- k rte` � adjourned the Technical Review Committee
Meeting at II '.Di a.m.
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'/!``�,1'0P a�`iFcs BUILDING DEPARTMENT
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%o ' OKEECHOBEE, FL 34974
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ti. - �� Tele: 863-763-3372 Fax 863-763-1686
� �����`0�� jnewell @cityofokeechobee.com
September 11, 2013
Ref: TRC Review for CRCO Properties. (Fitness Center,Nutrition Store)
A)Comments on the proposed project:
1) Civil Plans appear to be sufficient to meet the requirements of the City of Okeechobee.
2)Photometric Plan:
a)Parking lot appears to be sufficiently lit for night time parking.
b)Walkway lighting: The plans did not provide for the lighting of the walkway.
3)Directional Signage:
a)The submitted plans did not provide details on direction signage.
B)Recommendations:
1)Provide lighting plan with photometric for the walkway to the main building.
2)Provide details and elevations for the placement of the directional signage to the remote parking.
3)Provide the legal agreement to link the remote parking lot to the main place of business.
Jeffery C Newell, CBO
TRC Board Member
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„r�N'�..•.�4y'�_ CITY OF OKEECHOBEE
TECHNICAL REVIEW COMMITTEE
• • OFFICIAL AGENDA
•• �•` SEPTEMBER 19, 2013
•
”:. _ , ,,r CITY HALL, COUNCIL CHAMBERS
55 SOUTHEAST 3RD AVENUE
OKEECHOBEE, FLORIDA 34974
I. CALL TO ORDER SEPTEMBER 19, 2013, 10:00 a.m.-Chairperson.
II. STAFF ATTENDANCE-Secretary.
Voting Members: David Allen, Public Works Director
Denny Davis, Police Chief
Jeffery Newell, Building Official
Herb Smith, Fire Chief
Brian Whitehall, Administrator
Non-Voting Ex-Officio Member: Doug McCoy, Okeechobee County Health Department
John Hayford, Okeechobee Utility Authority
Bill Brisson, Senior Planner, LaRue Planning and Management
John Cook,City Attorney
School Representative
Patty Burnette, Secretary
III. MINUTES-Secretary.
A. Motion to dispense with the reading and approve the Summary of Technical Review Committee Minutes for the
May 16,2013 regular meeting.
IV. NEW BUSINESS-Chairperson.
A. CRCO Properties, LLC. 13-002-TRC - Second review. Application was submitted by Steven Dobbs, P.E., on behalf of the
property owner, CRCO Properties, LLC, in regards to converting an existing 8,000 sq. ft. retail furniture store to a 5,000 sq.
ft. fitness center, 1,500 sq. ft. retail nutrition store and 1,500 sq. ft. of warehouse space located at 704 North Parrott
Avenue,Okeechobee, FL. and to include remote parking lot—Senior Planner.
V. ADJOURNMENT TECHNICAL REVIEW COMMITTEE MEETING—Chairperson.
ANY PERSON DECIDING TO APPEAL any decision made by the Technical Review Committee with respect to any matter considered at this meeting will need to
ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services
media are for the sole purpose of backup for official records of the Department.
In accordance with the Americans with Disabilities Act(ADA),any person with a disability as defined by the ADA,that needs special accommodation to participate in
this proceeding,contact the General Services Department,no later than two business days prior to the proceeding, 863-763-3372.
Please be advised that should you intend to show any document,picture,video or items to the Board in support or opposition to any item on the Agenda;a copy of
the document,picture,video or item MUST be provided to the Board Secretary for the City's records.
1
INDEPENDENT
NEWSPAPERS
oliOKEECHOBEE NEWS 107 S.W.17th Street,Suite D,Okeechobee,FL 34974 (863)763-3134
J
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally
appeared Tom Byrd, who on oath says he is Publisher
of the Okeechobee News, a three times a week
Newspaper published at Okeechobee, in
Okeechobee County, Florida, that the attached copy of
t
advertisement being a__) �_J/ r r,
in the matter of _�_Lk r��-���__ _
in the 19th Judicial District of the Circuit Court of
Okeechobee County, Florida, was published in said
newspaper in the issues ofif'( TECHNICA MMITTEE MEETING NOTICE
) NOTICE IS HEREBY GIVEN that the Technical Review Committee of the
Affiant further says that the said Okeechobee News ::2018 at 10:00'a1.m meet in City Ha�11,155 SE 3rd Ave Rm p0,oke�n'"b
Florida.The public is invited and encouraged to attend.Contact Patty Bur
is a newspaper published at Okeechobee, in said nette at 863-763 3372,or website www ' fokeerh na
copy of the agenda. -- 0 to obtain a
Okeechobee County, Florida, and that said newspaper ANY PERSON DECIDING TO APPEAL any decision made by the Technical
ry Review Committee with respect to any matter considered at this meeting
has heretofore been published continuously in said rec need to ensure a verbatim record of the proceeding is made and the
record includes the testinron and evidence upon which the appeal will be
person In ith a disability with the Americans with Disabilities Act(ADA),any
Okeechobee County, Florida each week and has been dY as defined by the ADA,that needs special acmmmo-
Y dation to participate in this proceeding,contact the General Services nim-
no later than two business days prior to proceeding,863-763-3372. Office
entered as second class mail matter at the post office in BE ADVISED that should you intend to show any'document,picture,video
Okeechobee, in said Okeechobee County, Florida, for a agendas aocoppy olf the document plcpture vntleoo opposition must item provided
to the Board Secretary for the City's records.
period of one year next preceding the first publication b1 Be ON 9/ehall,Sty Administrator
of the attached copy of advertisement, and affiant fur-
ther says that she has neither paid nor promised any
person, firm or corporation any discount, rebate, corn.-
mission or refund for the purpose of securing this
advertisement for_publication in the said newspaper.
Y..„
Tom Byrd
Sworn to and subscribed before me this
,"
- --_ day of _ :o�-`- 3.� itit.l><-t , 0t 0)AD
Notary Public, State of Florida at Large
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;0�Y• : .l ,E BRIDGES
: i . ;*s MY COMMISSION#EE 177653
'W zle71-47/ EXPIRES:April 20,2016
i ..'... Bonded Thru Notary Public Underwriters •
JUNE 18,2013-REGULAR MEETING-PAGE 9 OF 14 75
AGENDA COUNCIL ACTION-DISCUSSION-VOTE
VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED.
C.2.a) Motion to adopt proposed Ordinance No. 1097. Council Member Watford moved to adopt proposed Ordinance No. 1097;seconded by Council Member O'Connor.
b) Public comments and discussion. Mayor Kirk asked whether there were any public comments or questions. There were none. The Planning Board
reviewed the proposed ordinance,acting as the Local Planning Agency,and offered a recommendation of adoption.
Administrator Whitehall explained that nothing has changed with the economy since the approval of the moratorium
last year.He would like the Council to consider a gauge of when to reconsider implementing impact fees again.The
School Board voted to extend their moratorium another year as well.The County's remain in effect.
c) Vote on motion. VOTE
KIRK YEA MAXWELL-YEA O'CONNOR-YEA
WATFORD-YEA WILLIAMS-YEA MOTION CARRIED.
CLOSE PUBLIC HEARING-Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 7:15 P.M.
IX. NEW BUSINESS.
A. Consider a request for approval of a remote parking lot to Mr.Steven Dobbs,of Steve Dobbs Engineering,presented a request from CRCO Properties,LLC.(Dr.Charles and
accommodate parking for a new fitness center-Steven Dobbs, Rachel Bartels),to approve a remote parking lot on Lots 10 to 12 of Block 77,City of Okeechobee Subdivision,Plat
CRCO Properties(Exhibit 4). Book 1,Page 10,(107 Northeast 6th Street),for a proposed new fitness center and nutrition store to be located on Lots
18 to 20 of Block 57,(704 North Parrott Avenue,formerly Rita's Furniture).The proposed development underwent Site
Plan Review by the Technical Review Committee on May 16,2013.The plan is to convert an existing 8,000 square
foot retail building into a fitness center,a retail nutrition store,and a warehouse for storage.They reviewed and found
the initial plans did not provide the required 40 parking spaces.The site can only accommodate approximately 20
spaces. Fitness centers have one of the highest number of parking space requirements.
} CRCO Properties recently purchased the property at 704 North Parrott Avenue,and own the majority of the property
p�„ �J � s�_Q� C�� P YP P P Y 1 Y P P Y
I u one block South (Block 77)where they built and operate Big Lake Eye Center.This is the same area where the
l> Lk(t pi'V„ r.cr • C S proposed 44-space parking lot is to be constructed.The customers would walk thru the alleyway,cross Northeast 7`h
Street to the subject property.In an effort to address the concern of the fitness/nutrition customers traversing from the
-� remote parking lot onto another's property located at 610 North Parrott Avenue,owned by David and Anita Nunez,
e- �� a written agreement was provided to Attorney Cook at the TRC meeting.He is reviewing it for legal sufficiency.Signs
p � ” 1
indicating'No Parking'will have to be installed along 7'h Street to keep customers from parking illegally along the right-
....?(-LA- Uu•- ' of-way.
mss' =�
7-2-t3
lb JUNE 18,2013-REGULAR MEETING-PAGE 10 OF 14
AGENDA COUNCIL ACTION-DISCUSSION-VOTE
IX. NEW BUSINESS CONTINUED.
A. Consider a request for approval of a remote parking lot to The TRC offered a recommendation for the City Council to approve the concept for the remote parking lot with the
accommodate parking for a new fitness center continued. condition that the development reappear(before the TRC)to address the construction details and compliance issues.
The Council asked for clarification,and Mr.Dobbs responded yes,there will be clear,sufficient signage to the remote
parking,and that they will require employees to park there.Mr.Dobbs added there was another issue to be resolved,
which is a means of tying the properties together so that should one of them be sold the remote parking would have
to remain as long as it is required for the use on the subject property.In addition,the Council requested the agreement
between CRCO Properties and Mr.and Mrs.Nunez,be recorded in the public record so the provision stay with that
property as well.
The discussion briefly focused on using a portion of the right-of-way by installing a large culvert and expanding the
on-site parking, that in reality created on-street parking, but only accessed through the parking lot, not from North
Parrott or Northeast 7'h Street.There is no provision in the Code to allow this.Permits would also have to be approved
by both FDOT and South Florida Water Management District(SFWMD)and long term maintenance of the culvert
assigned.Council Member Watford asked,should the remote parking only be approved,would that completely stop
the project?Mr.Dobbs responded no,he then compared a large site plan drawing he brought with him to the smaller
copy distributed in Exhibit 4.The copy of the site plan Mr.Dobbs showed Council Member Watford was obtained by
the Clerk for public record.
Council Member Watford moved to approve the remote parking lot only for CRCO Properties as presented for
the above stated site and project,and that it does not include the on-street parking: seconded by Council
Member Williams.
VOTE
KIRK-YEA MAXWELL-YEA O'CONNOR-YEA
WATFORD•YEA WILLIAMS-YEA MOTION CARRIED.
B. Discuss a proposed workshop recommended by the Planning Board The Planning Board requested a workshop with the City Council as a means to discuss how to proceed with
to discuss Holding(H)Zoning category-City Planning Consultant addressing changes to the Holding Zoning and agricultural uses within the City. In an effort to clear up the
(Exhibit 5). inconsistencies between the FLU Map,the Zoning Map and the actual use of properties,the Planning Board has been
conducting workshops to review all these areas.Due to the number of properties that have to be addressed,Planner
Brisson presented them by categories,the first being all with a Holding Zoning District. He offered a recommended
zoning change that was based on consistency with the current FLU, or due to existing/surrounding uses, a
recommendation to change both the FLU and zoning.
September 13, 2013
John Cassels, Esq.
400 NW 2nd Street
Okeechobee, FL 34972
Re: Dr. Bartels
John:
I visited the site at Dr. Bartels' office yesterday along with Brian Whitehall, and
the set of plans from Steve Dobbs, to familiarize myself with the layout and the request.
The current standing of the application at this point seems to be that the City Council
approved the actual site plan for the off-site parking lot just east of Dr. Bartels' building;
however, the actual route and means of access from that remote site to the gym facility
remain to be determined.
I am attaching the engineer's plan with this letter and the proposed route I
highlighted in yellow that runs through the City alley way, but must cross the handicap
parking area maintained by Anita Nunez acquired by a prior alley use agreement with
the City.
Based upon other fitness facilities I have seen in town, it is possible the gym site
itself may be sufficient to handle all of the customers that may visit the gym, but of
course, since that site cannot comply with current City codes, the overflow lot was
approved. We must assume then that the overflow lot will be utilized to some extent.
The primary concern I have is that upon City approval for a walkway in an alley that
crosses an active parking lot, our stamp of approval on the proposal means that when
one of the gym customers is run over in the parking lot, there will be three defendants,
Dr. Bartels, Ms. Nunez, and the City.
If the current draft is accepted by the City, Brian and I have agreed that the
following conditions must be met:
a. The walkway must be designated by painted stripingLin its entirety, from the
exit of Dr. Bartels lot to the Northern edge of N-W-6 St. WE `rh '4
b. The walkway must be straight North/South across N. ^n St
th et, terminating
at a sidewalk constructed by Dr. Bartels along the North edge of the street,
connecting to the driveway to the gym, as we designated on the set of plans.
c. Dr. Bartels must provide signs to be placed at each parking spot owned by
Ms. Nunez in compliance with Florida Statutes, indicating they are for her
business only, and will be towed otherwise. Also a sign for the City's
placement on N--1A1-6' t on both sides of the street, warning of
pedestrian crosswalk. N6711-'54-
d. Dr. Bartels must erect an appropriate fence or shrubbery, along the
East/West boundary of the City alley between his lot and that of Ms. Nunez,
so as to direct his users to the striped walkway to prevent them from
meandering across her parking lot.
e. Dr. Bartels must provide an insurance rider with the City as additional insured
for his use of the city alleyway in no less than one million dollars liability.
These are just talking points at present, as the TRC as a whole may endorse
all, some, or none of these conditions. I can tell you that if Dr. Bartels were to
choose an alternate route, along the block wall of Ms. Nunez's parking lot, that
would be endorsed by Brian and myself. Of course that would require him to
purchase or lease the space from Ms. Nunez and to relocate the parking stops
away from the wall. That route is marked on the plan as well.
Concerning your parking covenants, we would suggest:
a. In paragraph 1, you should include that the Doctor could use the remote
lot for his employees/customers at his own business as well.
b. The termination of the agreement would mean that the former gym facility
may likely go back to be in non-compliance with City parking codes. So,
for purposes of title examination for the new buyer/owner, we would
request a paragraph be added that sets out in the event of termination,
any subsequent owner/tenant should be placed on notice that parking
spaces may be an issue for any future use. Your response may well be
that such a clause would affect the Doctor's ability to sell the parcel, and
the new buyer has the burden to investigate the matter, but let me know.
Kindest Regards,
John R. Cook
City Attorney
JRC/rb
Cc: Brian Whitehall
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Staff Report Addendum
Site Plan Review
Prepared for: The City of Okeechobee
Applicant: CRCO Properties, LLC
(Fitness Ctr., Nutrition Store)
Petition No.: 13-002-TRC (Revised to include remote parking lot)
�! t Planning .
& Management Services, Inc.
1375 Jackson Stmct,Suitt 1.06
Fort Myers.Florida
239-33.1-330A
Serving Florida Local Governments Since 198
Staff Report Applicant: CRCO Properties, LLC
Site Plan Review Petition No.: 13-002-TRC
General Information
Owner: CRCO Properties, LLC
364 NW 115th Drive
Owner Address: Okeechobee, FL 34972
Applicant: CRCO Properties, LLC
364 NW 115th Drive
Applicant Address: Okeechobee, FL 34972
Site Address: 704 North Parrott Avenue
Okeechobee, FL 34972
Contact Person: Steven L. Dobbs, P.E., Engineer
Applicant/Contact Phone Number: 863-824-7644
Legal Description of Subject Property:
LOTS 18, 19, AND 20, BLOCK 57, OKEECHOBEE, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF
OKEECHOBEE COUNTY, FLORIDA.
General Description:
The Applicant is converting an existing 8,000 square foot retail furniture store to a 6,000
square foot fitness center and a 2,000 square foot retail nutrition store. Note: this is
changed from the original proposal for a 5,000 square foot fitness center, 1,500
square foot nutrition store and 1,500 square foot of storage. The original submittal
stated that all functions would take place inside the building with 3 — 5 employees and
the hours of operation will be from 6:00 AM until 8:00 PM. We assume this is still the
case.
The Applicant is proposing to provide parking at a remote lot behind the Big Lake Eye
Care building, as provided for under Sec. 90-511(a)(2).
Following is the Staff analysis of the revised site plan's consistency with the various City
requirements and regulations that were not adequately addressed in the Applicant's prior
submission considered at the May 16, 2012 TRC meeting. Instances where the Staff
believes the current submission is deficient are highlighted.
ON% 1
SenSnr ricntd.3 L' if(t rnnteM+Since VMS
Staff Report Applicant: CRCO Properties, LLC
Site Plan Review Petition No.: 13-002-TRC
Comparison of Proposal with Dimensional Standards, CHV Zoning:
Regulation Required Provided
There are now ten (10) parking spaces
located in front of the building (including the
two required spaces for the handicapped)
and another 38 spaces in the remote lot.
The concept of the remote parking lot was
approved by the City Council, with the plan
one space per 150 sf of being brought back to the TRC for consi-
fitness center deration as to its adequacy with regard to
(6000/150) = 40; design, accessibility, landscaping and
Off-street Parking lighting — all areas that were not completely
(Sec. 90-512) one space per 300 sf of addressed at the May 16th meeting.
retail (2,000/300) = 7
The proposed walkway from NE 7th Street to
total required = 47 the remote lot would require removal of part
spaces of the planter associated with Ms. Nunez'
property. We understand that this planter
was allowed by the City as part of an earlier
easement agreement with Ms. Nunez. Is
this appropriate? Also, the southernmost 20
feet of the sidewalk to the remote lot will also
require an agreement with the City to allow
encroachment into that portion of the alley.
Only 12 of the 38 spaces in the remote lot
Parking Space Size measure 9' x 20'. The rest are only 9' x 18'.
and Location 9 feet by 20 feet We have spoken with the Applicant's
(Sec. 90-511) engineer and have been told this will be
addressed before or during the TRC
meeting.
Minimum Driveway 24-feet for 90 degree All driveways and parking aisles are 24 feet
Width (Sec. 90-511) parking wide.
• 2
ti�rsE»r
Uktrida Loral Governments.Sini.r Itnis
Staff Report Applicant: CRCO Properties, LLC
Site Plan Review Petition No.: 13-002-TRC
Regulation Required Provided
The prior Staff report noted that the required
loading space was missing.
The new plan shows a 10' by 30' loading
space on the parent site. However, the
loading space as shown on page 3 of 6 of
the newest plans cannot be accessed
Off-street Loading One required for 5,000 to without interfering with the two easternmost
(Sec. 90-513) 25,000 square feet of parking spaces. We believe this could be
commercial floor space. rectified by eliminating these two spaces and
placing the loading zone at SW to NE angle.
If there is just 150 sf of space in the fitness
center that will be used for storage or other-
wise could be excluded from the calculation
of net usable floor space, the remaining 46
spaces would be adequate to meet the
parking requirement.
Landscaping
Assuming no physical changes are made to the subject site, the property can be considered
grandfathered with respect to any need for landscaping and buffering on the parent site.
However, landscaping requirements for all 47 required spaces will need to be provided on the
remote site.
One (1) tree and three
Minimum required (3) shrubs for every
landscaping 3,000 sf of lot area. With 21 bushes and 12 trees are shown
(Sec. 90-532) lot area of 19,950 sf
seven (7) trees and 20
shrubs are needed.
18 sf per required park- Considerably more than 846 sf of
ing space. 47 spaces landscaped area is shown.
requires 846 sf of lands-
caped area. One tree for
every 72 sf of land-
Parking and scaped area indicates
vehicular use 12 trees are needed.
areas on the One 5' by 15' landscaped
remote lot island for each 10 Five landscaped areas are shown all larger
(Sec. 90-533) required parking spaces; than the requirement
five (5) landscaped
islands are required.
No more than 12 uninter- Maximum shown is 11 uninterrupted spaces.
rupted spaces in a row.
3
Serving Irk,,icia Local Governments tiinLe 10$±t
Staff Report Applicant: CRCO Properties, LLC
Site Plan Review Petition No.: 13-002-TRC
Regulation Required Provided
Buffer requirement is 10 All minimum buffer depths are met.
feet for street frontage
and two (2) feet along all
other property lines.
Street buffers = 2,105
Landscape buffer feet (1,185 + 920) ; non- Total buffer area requirement is met.
areas for the street buffers = 565 (285
remote lot + 280) for a total buffer
(Sec. 90-534) area of 2,670 sf.
At one (1) tree and three 12 trees are shown but only 21 bushes;
(3) bushes per 300 sf of need six (6) more bushes. We have spoken
buffer area = 9 trees and with the Applicant's engineer and have been
27 bushes needed. told this will be addressed before or during
the TRC meeting.
Landscape Plan Plan shows location and number of trees
(Sec. 90-538) and shrubs.
•
Other Requirements and Considerations:
Lighting Plan: The Applicant has submitted a photometric lighting plan showing a minimum
of one-half horizontal foot candle, per Sec. 78-71.
Dumpster Location: We still find no dumpster location indicated on the site plan.
Conclusion:
The technical deficiencies cited in the prior sections of this Addendum need to be addressed in
order for the proposed site plan to be in compliance with the requirements of the LDC. Except
for the effect of the proposed sidewalk on Ms. Nunez planter, we have spoken with the
Applicant's engineer about the highlighted deficiencies and have been told these will be
addressed before or during the TRC meeting.
Submitted by:
Wm. F. Brisson, AICP
Planning Consultant
September 4, 2013
TRC Meeting September 19, 2013
1
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�•rr ind }.ryicia I.cxai Government,Sins 1.485
Prepared By and Return to
John D.Cassels,Jr.Esq.
Cassels&McCall
P.O.Box 968
Okeechobee,Florida 34973
Parcel ID Number:3-15-37-35-0010-00770-0100
DECLARATION OF PARKING COVENANTS
BIG LAKE EYE CARE,LLC,a Florida Limited Liability Company(hereinafter the"Declarant"),
is the owner in fee simple two parcels of certain real property located in the City of Okeechobee, Florida
(hereinafter the "City"), described as follows:
Parcel 1 (Gym Parcel):
Lots 18, 19 and 20, Block 57, OKEECHOBEE, according to the plat thereof recorded in
Plat Book 5, Page 5, Public Records of Okeechobee County, Florida.
Parcel 2 (Parking Parcel):
Lots 10, 11 and 12, Okeechobee, according to the plat thereof recorded in Plat Book 5,
Page 5, Public Records of Okeechobee County, Florida.
For the purpose of providing overflow parking to the Gym Parcel as required by the City Site Plan
Review process, Declarant hereby declares that the Parking Parcel described above shall be held, sold
and conveyed only subject to the following covenants, which shall constitute covenants running with the
land and shall be binding on all parties having any right, title or interest in the above-described Parking
Parcel or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of the owner
of the Gym Parcel,their heirs, successors and assigns subject only to the provisions contained in this
Declaration.
WHEREAS the Declarant wishes to use the Gym Parcel for a fitness center including a gym and
retail health food store(the "Facility"); and
WHEREAS,the city of Okeechobee site plan review process conditioned approval of the Gym
Parcel Facility on the Declarant providing nearby overflow parking which can be met by dedicating the
Parking Parcel to such purpose so long as the Gym Parcel Facility is permitted and operating.
NOW THEREFORE IT IS DECLARED:
[5-133070.WPD]
1. Subject to the provisions of this Declaration, the Parking Parcel, described above, shall be
used solely for parking in conjunction with the operation of the Facility on the Gym Parcel,described above,
so long as the Facility is permitted and operating.
2. That the City shall be considered a third party beneficiary to this Declaration and have the
right to enforce, by any proceeding at law or in equity, all covenants and restrictions now or hereafter
imposed by the provisions of this Declaration. Should such proceeding be necessary, the prevailing party
shall be entitled to reasonable costs and attorneys fees incurred at both the trial and appellate levels.
3. The Declarant may amend this Declaration upon written consent of the City.
4. Until such time as the Facility obtains a certificate of occupancy, if required, together with
a Business Tax Receipt from the city of Okeechobee for use as a fitness center including a gym and retail
health food store,the Declarant reserves the right to cancel this Declaration in its entirety.
5. Should the owner of the Gym Parcel ever cease to operate a Facility as described in this
Declaration,such cessation and abandonment of the permitted use shall be evidenced by a recorded affidavit
affirming that the use has ceased and the current City Business Tax Receipt has been surrendered or
canceled. Upon the recording of the affidavit, this Declaration and Covenants provided for herein shall
terminate and be of no further force or effect.
6. Unless cancelled or amended as provided hereinabove,the covenants of this Declaration shall
run with and bind the Property and shall inure to the benefit of and be enforceable by the City and any owner
of the Gym Parcel,for a period often(10)years from the date hereof.Thereafter,they shall be automatically
extended for additional periods of one (1)year unless otherwise agreed to in writing by the then owner of
the Gym Parcel and the City.
IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal on behalf of the
Declarant this day of September, 2013.
Signed, Sealed and Delivered in our presence:
BIG LAKE EYE CARE,LLC
Signature of Witness as to both
BY:
Printed Name of Witness Charles W. Bartels, Managing Member
Signature of Witness as to both
Printed Name of Witness
[5-133070.WPD] Page 2 of 3
• fi
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
The foregoing instrument was acknowledged before me this day of September,2013,by Charles W.Bartels,Managing
Member of BIG LAKE EYE CARE, LLC who is ❑ personally known to me; or ❑ who has produced
as identification.
NOTARY PUBLIC
PRINTED NAME OF NOTARY PUBLIC
MY COMMISSION EXPIRES:
[5-133070.WPD] Page 3 of 3
CRCO Properties Fitness Center
City of Okeechobee Public Works Plan Change Requirements
1. The proposed 4' pedestrian path crossing the existing parking area shall be relocated to
the East side of the parking area along the existing block wall. The existing parking
spaces shall be relocated to the West to accommodate the pedestrian walk.The existing
grass strip between the existing parking lot and block wall shall be replaced with
concrete.
2. The mid-block pedestrian crosswalk on NE 7th Street shall be installed perpendicular to
the roadway. The engineer is responsible for certifying that the cross walk design
including all markings, signs and illumination is compliant with the current edition of:
a. Florida Department of Transportation, MANUAL OF UNIFORM MINIMUM
STANDARDS FOR DESIGN, CONSTRUCTION AND MAINTENANCE FOR STREETS
AND HIGHWAYS
b. AASHTO - Roadway Lighting Design Guide
c. Manual on Uniform Traffic Control Devices (MUTCD)
d. AASHTO- Roadway Lighting Design Guide
Minimum sign requirements for the project are attached
Yield line markings shall have a 12" base and 18" height with a separation of 6" and shall
extend 12' from the edge of pavement
3. All Signs installed as part of this project shall be minimum High Intensity Prismatic signs
meeting the 2015 MUTCD retroreflectivity standard
4. A minimum of four (4) No Parking (R-84, 12" X 18") signs shall be provided on the north
side of NE 7th Street between the property entrance and NE 2nd Avenue. The first sign
shall be approximately 40' from the west edge of pavement on NE 2nd Avenue and the
remainder of the signs shall be spaced at approximately 50' intervals.
5. All pavement markings shall be Thermoplastic Solid minimum 6" white and shall comply
with current MUCTD standards.
6. All sign posts installed shall be Galvanized finish U channel posts, 2 lb. per foot, with a
break away base system.
7. The project shall include a continuous 4' wide concrete pedestrian sidewalk from the
North edge of the pedestrian crosswalk on NE 7th Street onto the property as shown on
the attached drawing. The sidewalk shall be extended from the West edge fitness center
drive West to the existing walk on Hwy 441.
8. Illumination levels for the proposed pedestrian path from the new parking to the fitness
center shall be provided and shall meet AASHTO- Roadway Lighting Design Guide
requirements.
9. The project shall include a 4' chain link fence with landscaping along the perimeter of
the parking area, commencing next to the pedestrian exit of the parking area then West
to the Northwest corner of the parking area and South to the Southwest corner of the
new parking lot as a channelizing method guiding pedestrians to the proposed path to
the fitness facility.
10. The project shall include a new stop bar and stop sign on the exit of the fitness center.
11. The project shall include 40' long 15" culverts installed across the three entrances of
new parking lot to maintain existing flows. The culverts shall be installed with mitered
ends and poured concrete ends.