Blk 49/CITYOF OKEE/Glades Gas to FPUC/Alley Lease LIIJIII 11111111111111111111111111111 1■
FILE HU9 013001 ' . .f�
OR B k 00 725 PG 1:969
SHARON ROBERTSON, CLERK OF CIRCUIT COURT
OKEECHOBEE COUNTY; FLORIDA
RECORDED 02/07/2013 11:40:49 AN
RECORDINGG FEES $61.00
Brandon E. Kepple, Esq. RECORDED BY L Shuin
BAKER&HOSTETLER LLP P's 5 1569 - 1575; (.7pas)
200 South Orange Avenue
SunTrust Center, Suite 2300
Orlando, Florida 32801
(407)649-4000
ASSIGNMENT OF LEASE
THIS ASSIGNMENT OF LEASE (this "Assignment"), effective as of the 5th day of February,
2013 (the "Effective Date"), is entered into by and between GLADES GAS COMPANY, a Florida
corporation n/k/a GLADES GAS COMPANY OF OKEECHOBEE, INC., a Florida corporation (the
"Assignor") whose address is 804 N. Parrott Avenue, Okeechobee, Florida 34972, and Florida Public
Utilities Company, a Florida corporation (the "Assignee"), whose address is 909 Silver Lake Boulevard,
Dover, Delaware 19904.
WITNESSETH:
WHEREAS, Assignor entered into that certain lease by and between Assignor and the City of
Okeechobee, Florida, a Florida municipal corporation (the "City") dated June 14, 1977 (the "Lease"), a
copy of said Lease being recorded September 24, 1980, in Official Records Book 237, Page 393, Public
Records of Okeechobee County,Florida; and
WHEREAS,the Lease is for the following described property(the"Leased Premises"):A portion
of an alley 15 feet in width lying in Block 49, City of Okeechobee, according to the plat thereof, as
recorded in Plat Book 1,Page 10,Public Records of Okeechobee County,Florida,being more particularly
described as follows: Beginning at the Northwest corner of Lot 17 of the said Block 49, bear Easterly
142.50 feet to the Northeast corner of Lot 19;thence bear Northerly 20.00 feet to the Southeast corner of
Lot 8;thence bear Westerly 142.50 feet to the Southwest corner of Lot 10;thence Southerly 20.00 feet to
the Point of Beginning; and
WHEREAS, Assignor is conveying to Assignee's affiliate, Flo-Gas Corporation, certain real
property which adjoins the Leased Premises(the"Facilities");and
WHEREAS, in connection with the conveyance of the Facilities, Assignor desires to assign the
Lease to Assignee, and Assignee desires to accept the assignment of the Lease; and •
WHEREAS, the City has consented to this Assignment,as shown in Exhibit"A"attached hereto
and incorporated herein by reference.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged, Assignor hereby irrevocably assigns, transfers and sets over to Assignee all of Assignor's
right,title and interest in and to the Lease.
This Assignment is delivered and accepted upon the following terms and conditions:
1. Assignee hereby assumes all conditions and obligations in connection with the Lease,
arising and/or first becoming due and payable after the Effective Date hereof.
Page 1
2. Assignor shall not be responsible to the lessee under the Lease for the discharge or
performance of any duties or obligations to be performed or discharged by the lessor thereunder after the
Effective Date hereof. Assignee shall not be responsible to the lessee under the Lease for the discharge or
performance of any duties or obligations to be performed or discharged by the lessee thereunder on or
prior to the Effective Date hereof. By accepting this Assignment and by its execution hereof, Assignee
hereby assumes and agrees to perform all of the terms, covenants and conditions of the Lease on the part
of the lessee therein required to be performed from and after the Effective Date hereof.
3. Assignee hereby agrees to indemnify and hold harmless Assignor from and against any
and all loss, cost or expense (including, without limitation, reasonable attorney's fees)resulting by reason
of Assignee's failure to perform any of the obligations of Assignor under the Lease after the Effective
Date hereof.
4. Assignor hereby represents and warrants only that it has not previously assigned the
Lease. Assignor makes no other representation or warranty in connection with this Assignment and,
except for the foregoing,this Assignment is made without recourse to Assignor.
5. This Assignment is subject to all of the terms and conditions set forth in the Lease.
6. All terms of this Assignment shall be binding upon, inure to the benefit of and be
enforceable by the parties hereto and their respective legal representatives,successors and assigns.
7. No modification, waiver, amendment, discharge, or change of this Assignment shall be
valid unless the same is in writing and signed by the party against which the enforcement of such
modification,waiver,amendment,discharge,or change is or may be sought.
8. This Assignment shall be construed and enforced in accordance with the laws of the State
of Florida.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGES FOLLOW]
Page 2
044743,000004,601845539.3
IN WITNESS WHEREOF, Assignor has executed this Assignment as of this 1S`day of
February, 2013; however, this Assignment shall be effective as of the Effective Date set forth
above.
ASSIGNOR:
GLADES GAS COMPANY, a Florida
corporation n/k/a GLADES GAS COMPANY
OF OKEECHOBEE, INC., a Florida
corporation
By: ')/A.011/14.0A, 7A t ChR.}j/L�
Monica M. Clark,President
STATE OF FLORIDA )
)SS.
COUNTY OF OKEECHOBEE )
The foregoing instrument was acknowledged before me this c day of February,
2013, by Monica M. Clark, as President of GLADES GAS COMPANY, a Florida corporation n/k/a
GLADES GAS COMPANY OF OKEECHOBEE, INC., a Florida corporation, on behalf of the
corporation. She is personally known to me.
•Z'inik JENNIFER L.WILLIAMSON .�
'" = Commission#DD 998798 rr!.`_mos• �'as Expires August 19,2014 .-- ota
-woe` Bonded Tin Troy Fain Insurance 8003857019 ota Ign%tore)
(NOTARY SEAL) 0174,1-42
(Notary Name Printed)
NOTARY PUBLIC A A I\ C Q�� S
Commission No. A
Page 3
044743,000004,601845539.3
IN WITNESS WHEREOF,Assignee has executed this Assignment as of this 1st day of
February, 2013; however, this Assignment shall be effective as of the Effective Date set forth
above.
ASSIGNEE:
FLORI'►A PUBLIC UTILITIES COMPANY, a
Florid. orporation
By:
Kevin J. Webber
Title: Vice President
•
STATE OF (c c cLA )
1 1 )SS.
COUNTY OF
The foregoing instrument was acknowledged before me this 't day of February,
2013, by Kevin J. Webber as Vice President of FLORIDA PUBLIC UTILITIES COMPANY, a Florida
corporation, on behalf of the corporation. He/ She is personally known to me or [, has produced
as identification.
(Notary Signati )
(NOTARY SEAL) m\j _ v 1Ci
(Notary Nathe Printed)
A.A m,� d w NOTARY PUBLIC (�
Commission No. �1 J�L` I C0 �Jv
;o;;ar"tee;., TAMYNA DANFORD
', ,y„o. Notary Public-State of Florida
4 'N, �� My Comm.Expires Sep 20,2014 it
'^,tFO....,..... Commission#DD 996400
Page 4
044743,'000004,601845539.3
Jan 2e 13 o3:531= Glades Gas S Ruthorized S 8637832116 p.3 4
Exhibit"A"
ASSIGNMENT OF LEASE
THIS AGREEMENT, made this 15th day of January 15, 2013, between the CITY OF
OKEECHOBEE,FLORIDA and GLADES GAS COMPANY,Okeechobee,Florida,as
parties to that certain Lease of Alley Agreement dated June 14, 1977,and attached
herewith as Exhibit A,to approve assignment of said lease,agree as follows:
1. The original lease of the CITY OF OKEECHOBEE alleyway to GLADES GAS
COMPANY is for the following described alley:
A portion of an alley 15 feet in width lying in Block 49, City of
Okeechobee,according to the platthereof recorded in Plat Book 1,
Page 10, Public Records of Okeechobee County, Florida; being
more particularly described as follows:beginning at the Northwest
corner of Lot 17 of said Block 49,bear Easterly 142.50 feet to the
Northeast corner of Lot 19;thence bear Northerly 20.00 feet to the
Southeast corner of Lot 8;thence bear Westerly 142.50 feet to the
Southwest corner of Lot 10;thence Southerly 20.00 feet to the point
of beginning.
•
2. That GLADES GAS COMPANY has the opportunity and has requested for
approval by the CITY OF OKEECHOBEE to assign this lease, pursuant to
paragraph six of the lease,to a purchaser.
3. That refusal to grant permission to assign the lease would serve no municipal
• purpose.
4. Therefore,for the mutual considerations to each party to the lease,as well as
the Ihterests of the assignee to the lease, Florida Public Utilities Company,
1640 Worthington Road, West Palm Beach, Florida, the CITY OF OKEE-
CHOBEE herein grants permission for the lease to be assigned by GLADES
GAS COMPANY,to Florida Public Utilities Company.
APPROVED this 15th day of January,2013.
James E.Kirk,Mayor
•
.i
A'i• tST: REVIEWED FOR LEGAL SUFFICIENCY:
l.fi1{ i
Land Gamiotea,IC,City Clerk John .-Cook,C1ltorney
AS TO GLADES GAS COMPANY; AS TO FLORIDA puBLIC UTILITIES coTyltpANY:
r11,6-14A4g .Th/1{ • n.9,-Za<
PrintN r fYl.(Jo _ Print am/e: ear,+ S I�clobei
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Tile: Title• -ling Pms5'l
Date; I Ziv�701?i Date: Fbr.tan /r 20 t 3 t'
•
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of the original document.
Jan 28 13 03:53p Glades Gas S. Authorized S 8637632116 P.3
Exhibit A
.1; I
LEASE
THIS AGREEMENT made this
/ 1-// day of '
1 1977, between the City of Okeechobee, Florida, a F of rids municipal
I
corporation, hereinafter referred to as Lessor, and Glades Gas
Company, a corporation, hereinafter referred to as Lessee.
WHEREAS, the Lessee is planning on expanding its
present facilities, and
I I
WHEREAS, said facilities adjoin the below described
:i alley, known as: A portion of an alley 15 feet in width lying
;; in Block 49, City of Okeechobee, according to the plat thereof
recorded in Plat Book 1, page 10, of the Public Records of
I' Okeechobee Count y, Florida; Being more
particillarly described as
I follows: Beginning at the Northwest corner of Lot 17 of the said
!• Block 49, bear Easterly 142.50 feet to the Northeast corner of
Lot 19; Thence bear Northerly 20.00 feet to the Southeast corner
!j of Lot 8; Thence bear Westerly 142.50 feet to the Southwest corner
;! of Lot 10; Thence Southerly 20.00 feet to the point-of-beginning;
and
WHEREAS, the Lessee wishes to utilize the alley way
H I for a parking and4storage area, and
(' ' WHEREAS, said alley is not presently used by the public"
NOW THEREFORE, Lessor in consideration of the covenants)
;; and agreements hereinafter contained and made on part of the
!I Lessee, does hereby demise and lease to Lessee for use only by
.( Lessee, that aforementioned alley way to be used for parking or
storage area and for no other purposes whatsoever in the County
I!( of Okeechobee, State of Florida, to have and to hold the same for
el and during the term commencing on the 15th day of June, 1977, and
1,' expiring on the 15th day of June, 2076, inclusive, __ __ __.e
-----------
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Page 2 of 3 of the or°i final docur ent.
Jan 28 13 03:54p Glades Gas & Ruthorized S 8637632116 p.4
!' Exhibit A
i;
ii IN CONSIDERATION of said demise and of the covenants
!
•� and agreements hereinafter expressed, it is covenanted and agreed
I'
1 as follows:
:i 1. THAT.Lessee shall pay as rent for said premises
the gum of One ($1.00) Dollar, during the term of this lease,
I payable at the start of said term.
;1
i1 2. THAT Lessee shall keep said premises in a clean
ii
11 and orderly manner in conjunction with any local, county or state
11! laws. I
3. THAT Lessor has no objection to the construction
.
1i
I by Lessee at the sole expense of Lessee of paving and fencing
11 over and across the alley way through the aforesaid Block 49.
`�1 L]. II: - _ _ ,unq. is...m. ..,4,l.Sa1 r....-. y-,
ii
,: i
• --'--�...........-... .„.,_F.y_....._-----_ ”---..--- -_----- rw.r.mn:4•.■•.•
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1' 5. THAT Lessee agrees to hold Lessor harmless against
1I all comers in case of litigation arising from any acts of Lessee,
.!
!. its' agents or employees.
i,
i
6. THAT Lessee shall not assign this lease without
i written permission of Lessor.
WITNESS the hands and seals of the parties hereto the
` day and year first above written.
h ATTEST: CITY OF OKEECHOBEE, FLORIDA
I! I �' b cD x Illt11,01 Aft-P-(1k ,-,
II CITY CLERK MAYOR J ! .g a
1 9 _—
li n
WITNESSES: WITNESSES:
i
ii, a r&t. 'E-
i AVMr /(_
, • - ta ._ Afte......ii....___ .. 8 416 y Fr
. As to City yob 0 eechobee ee 's to G ages
nx Gas Company : C .�
1 y1'�.ILL✓:�...� �J. L'ILL.L.J'--.--7 �(--!v /3 • �-/ .,:.--L'.t_11•... 5' p 2
rAs/to City of Okeechobee As o Glades Gas Company ,�.,- a.
GLADES GAS COMPANY
`'• BY:�, / ,J — r ,t /
Page 3 of 3 -`.
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a
i '
24 JANUARY 15,2013-REGULAR MEETING-PAGE 9 OF 13
'T AGENDA COUNCIL ACTION•DISCUSSION-VOTE
X. NEW BUSINESS CONTINUED.
C. Consider Temporary Street Closing Applications submitted by VOTE
Okeechobee Main Street for 2013 Events continued, KIRK-YEA MAXWELL-YEA O'CONNOR-YEA
• AS American Labor Day Celebration•August 30,2013 at 5:00 p.m.to September 2,2013 at WATFORD-YEA WILLIAMS-YEA MOTION CARRIED.
5:00 pm.,SW 3"and 4"Avenues between North and South Park Streets.
• Top of the Lake Christmas Festival•December 6,2013 at 5:00 p.m.to December 7,2013
at 11:00 pm.,SW 3"and 4"Avenues between North and South Park Streets.
D.1.a)Motion to Rescind action taken at the December 4,2012 meeting to Council Member Watford moved to rescind action taken at the December 4, 2012 meeting: approve and give
approve and give permission to the Assignment of Lease for the permission to the Assignment of Lease for the Alley Lease Agreement between the City and Glades Gas to be
Alley Lease Agreement between the City and Glades Gas to be assigned to the new property owner of Lots 8 to 10 and 17 to 19 of Block 49,City of Okeechobee;and the amendment
assigned to the new property owner of Lots 8 to 10 and 17 to 19 of deleting paragraph six;seconded by Council Member Williams.
Block 49,City of Okeechobee;and the amendment deleting
paragraph six-City Attorney.
b) Discussion. Mrs.Monica Clark of Glades Gas of Okeechobee explained Florida Public Utilities Company(FPUC)objected to the
language in the previously approved assignment of lease.Paragraph six,which stipulated the owner apply for an alley
closing was removed from the document.However,two other paragraphs contained language that referenced the
stipulation.
c) Vote on motion. VOTE
KIRK-YEA MAXWELL-YEA O'CONNOR-YEA
WATFORD-YEA WILLIAMS-YEA MOTION CARRIED.
2. Consider approving a revised Assignment of Lease between the Council Member Watford moved to approve an Assignment of Lease between the City and Glades Gas Company to
City and Glades Gas Company to Florida Public Utilities Company FPUC for use of the East to West Alley in Block 49,City of Okeechobee;seconded by Council Member O'Connor.
for use of the East to West Alley in Block 49,City of Okeechobee-
City Attorney(Exhibit 5). Mrs. Clark thanked the Council for making the changes and adopting a new lease. Council Member Watford
apologized for any inconvenience,and noted he hoped the FPUC would be in agreement to execute with the new
document.
VOTE
KIRK-YEA MAXWELL-YEA O'CONNOR-YEA
WATFORD-YEA WILLIAMS-YEA MOTION CARRIED.
6
DECEMBER 4,2012-REGULAR MEETING-PAGE 6 OF 7
AGENDA 1 COUNCIL ACTION-DISCUSSION-VOTE
VIII. NEW BUSINESS CONTINUED.
C. Consider Citizen Board Appointments continued. Council Member Maxwell m de a motion to move Planning BoardlBogrd of Adjustment/Design Review Board
Alternate Member. Mr. Phil Baughman to Regular Member(filling Mrs.Morgan's term: December 5,2012
through April 30,2013)and appoint Mr.John Creasman as a new Alternate Member(filling Mr.Baughman's
now vacant term:December 5,2012 through April 30,2015):seconded by Council Member Williams.
VOTE
KIRK-ABSENT MAXWELL-YEA O'CONNOR•ABSENT
WATFORD-YEA WILLIAMS-YEA MOTION CARRIED.
D. Discussion regarding the American Legion Fair-City Administrator Administrator Whitehall yielded the floor to Mr.Dan Fennell of the American Legion Post 64,who appeared before the
(Exhibit 4). Council and advised the annual"American Legion Free Fair"will be held January 10 through 19,2013.The fair will
not disassemble until after 7:00 a.m. on Sunday, January 20 in order to eliminate the noise complaints from
surrounding neighbors.Mr.Joey Richardson,the Director of the Amusement Company will be at City Hall tomorrow
to complete the Temporary Use Permit application.Chief Davis requested he meet with him as well.
Mr.Fennell also advised the Legion is expecting to have two fairs per year in the future.Mayor Pro-Tem Watford
thanked Mr.Fennell for his information,noting the community looks forward to the event each year.No official action
was necessary on this item.
ITEM ADDED TO AGENDA:E.Consider an Assignment of Lease for Mrs.Monica Clark of Glades Gas thanked the Council for adding the matter to the agenda,and explained she is selling
Glades Gas on a 99-year Use of Alley Agreement-Monica Clark(Exhibit some property which has a 99-year lease for use of the East to West alleyway between Lots 8 to 10 and Lots 17 to
5). 19 of Block 49.A copy of the Lease,signed June 14,1977 was included in Exhibit Five along with a proposed Lease
Assignment for Council to consider.
Council Member Maxwell moved to approve and give permission to the Assignment of Lease,for the Alley
Lease Agreement between the City and Glades Gas,to be assigned to the new property owner of Lots 8 to 10
and 17 to 19 of Block 49,City of Okeechobee;seconded by Council Member Williams.
While reviewing the proposed document,Mrs,Clark requested the proposed Assignment of Lease be amended to
delete paragraph number six.The language requires the new owners to submit an Alley Closing Application within six
months.There was a brief discussion,Council Member Williams moved to amend the motion to approve and give
permission to the Assignment of Lease by deleting paragraph six:seconded by Council Member Maxwell.
DECEMBER 4,2012•REGULAR MEETING•PAGE 7 OF 7
•
AGENDA COUNCIL ACTION-DISCUSSION•VOTE
VIII. NEW BUSINESS CONTINUED, I'
ITEM ADDED TO AGENDA:E.Consider an Assignment of Lease for VOTE ON MOTION TO AMEND
Glades Gas on a 99-year Use of Alley Agreement continued. KIRK•ABSENT MAXWELL•YEA O'CONNOR•ABSENT
WATFORD-YEA WILLIAMS•YEA MOTION To AMEND CARRIED.
VOTE ON MOTION AS AMENDED
KIRK-ABSENT MAXWELL-YEA O'CONNOR•ABSENT
WATFORD-YEA WILLIAMS•YEA MOTION CARRIED As AMENDED.
IX. ADJOURN MEETING•Mayor. There being no further discussion nor items on the agenda,Mayor Pro-Tern Watford adjourned the Meeting at 6:38
p.m.The next regular scheduled meeting is January 15,2013 at 6:00 p,m.
Please take notice and be advised that when a person decides to appeal any decision made 1,
by the City Council with respect to any matter considered at this meeting,he/she may need to
insure that a verbatim record of the proceeding is made,which record includes the testimony
and evidence upon which the appeal is to be based,City Clerk media are for the sole purpose
of backup for official records of the Cleric.
ATTEST: James E,Kirk,Mayor
Lane Gamiotea,CMC,City Cleric
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Office of the City Administrator Brian Whitehall
Ph 863-763-3372 Fax 763-1686 email. bwhitehall(a.),citpofokeechobee.com
* * * * *Memorandum * * * * *
Date: April 4, 2008
TO: Atty Cook
FR: City Administratc
RE: Glades Gas
Attached pls find all the applicable records on the Glades Gas alley
agreement issue.
A quick review of the info reveals that the alley use was certainly
an integral contingency to her permitting process.
G\�y,OF'0
F
d
m
1915 d City of Okeechobee
March 27, 2008
MEMO
Brian Whitehall
re: Glades Gas
cc; City Clerk
Brian:
I discussed this matter of the Glades gas alley with Lane some time ago; she is correct in
that we have not let anyone else in the city get away without signing a use of alley agreement;
(For instance, the paved alley behind Okee Discount Drugs) I do not recall Monica's
disagreement over the alley agreement; I would have staff look over the notes from technical
review when her warehouses were built, and suspect we will find mention of the use of the alley
and her agreement to sign the document.
Once we look at that I will get with you on the next step to obtain compliance.
Kindest Regards,
J. Qxook
City Attorney
55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686
October 29, 2003
3 p.m.
Glades Gas Meeting
In attendance:
Bill Veach, City Administrator
John Cook, City Attorney
Oscar Bermudez, City Engineer
Keith Tomey, Fire Chief
Katrina Vinson, Secretary
Steve Cooper, Engineer
Monica Clark, Glades Gas
City Administrator, Bill Veach, opened the meeting explaining that the meeting was going to be recorded, _
as well as, minutes were going to be kept. The purpose of this meeting is to clarify any questions or
concerns that are pending in regards to the Glades Gas Project.
Glades Gas Engineer, Steven Cooper, began by explaining that the Technical Review Committee approved
their Site Plan, with conditions. The conditions were that he needed to provide an alternate landscape plan
and parking revisions. Mr. Cooper explained that Oscar was concerned with them using the Alley as an
isle -way, as well as requiring them to pave the alley. Monica Clark, owner of Glades Gas, explained that
they were asking for an exception to be made for their project. Glades Gas is not wanting to pave the alley.
Oscar Bermudez, City Engineer, stated that in the LDR's it says that parking has to be paved.
Monica Clark stated that they have been using that alley for ingress/egress of their property for the past 50
years. The power poles are encroaching on her property, and the location of the poles is requiring her to
move her building 20 feet.
City Attorney, John Cook, questioned the problem of paving the alley if the City allowed Glades Gas to
use it as ingress/egress of their property. Ms. Clark responded that she didn't want all of her property
under concrete.
Mr. Bermudez explained that if the alley is going to be used for the entrance of the vehicles coming into
the property, it should not be used as the back out space for the parking area. Ms. Clark explained that they
have been doing that for the past 50 years.
Mr. Cook explained that when a property owner is doing an addition, that means there will be more traffic,
which means additional parking is required. Ms. Clark questioned the safety of shell rock versus pavement
in the alley. Mr. Cooper also questioned the safety of the shell rock in the alley, the parking is mostly used
for the employees anyway.
Mr. Cook questioned if there was any other access to the paved parking other than the unpaved alley? Mr.
Cooper answered no. Mr. Bermudez explained that we have to go by the City Code.
Ms. Clark stated that they wanted some consideration, they have been using the alley for the past 50 years.
Mr. Tomey, Fire Chief, stated that he understands that they've been using the alley, but now it is in the
middle of a designated parking area.
Mr. Cooper asked if they paved the alley, would the City give them some consideration for the
drainage/storm water system. He also questioned, since the water is going into the swail on NW 9h Street,
can they pave the alley in pervious concrete?
Mr. Bermudez explained that the alley is going to be used for part of the parking, all parking in the City
has to be paved. Mr. Cook then explained that the City is not able to allow people to use the alley for
parking. However, we can create an agreement for the use of alley, maintenance of the alley, as well as
for the pedestrians if they were to get hurt in the alley. Mr. Veach explained that the potential exists for
the traffic to increase significantly in the alley, and that the City would be reluctant to allow the use of the
alley without an agreement.
Mr. Cooper then explained that the Code is not to allow parking in the alley, like a parking spot, they are
planning to use it as an isleway. Ms. Clark then questioned, if they pave the alley are they responsible for
providing the drainage for it. Mr. Cook answered yes, because they would be using it as part of their
parking. In the Code it says each parking and loading space shall be paved. Mr. Cook and Mr. Bermudez
had a brief discussion about the Code and the regulations for paving.
Mr. Cooper questioned the purpose of the alley. Mr. Cook and Mr. Bermudez explained that the alley's
are used mostly for drainage and utilities.
Ms. Clark then explained that her grandfather wanted to abandon the alley's years ago, the City would not
allow it.
Mr. Cook explained that he agreed with Mr. Bermudez that the parking and loading areas should be paved.
Mr. Cook then explained that the City and Glades Gas would have to enter into an alley use agreement,
and that Glades Gas would have to pave the alley. Ms. Clark questioned who provided drainage for the
alley being paved. Mr. Cook explained that Glades Gas would have to provide the drainage, since they
were using the alley as part of their parking.
Mr. Bermudez explained that Glades Gas could use pervious concrete in the alley. Mr. Cooper then stated
that they would have to address drainage in the future design of the property. Mr. Bermudez explained that
the ditch on NW 9`h Avenue was good, and that it ran into Taylor Creek.
Mr. Cooper questioned again for the record, to make sure that it was okay to use pervious concrete in the
alley, and that they would not have to provide drainage for the alley. City Staff indicated that he was
correct.
Mr. Cook explained that he would be getting a Use of Alley Agreement together, it will be put in the name
of Glades Gas Company of Okeechobee.
Meeting was adjourned.
Site Plan Minutes
Glades Gas
June 18, 2003
In attendance: Carolyn Arnold
Bill Veach - City Administrator
Don Murray - LaRue Planning & Management Oscar Bermudez - City Engineer
Keith Tomey - City Fire Chief Donnie Robertson - City Public Works Du.
John Cook - City Attorney Monica Clark - Glades Gas, owner
Joe Boyd - Building Official Steven Cooper - Engineer
Joe Boyd: LC Fornter, Okeechobee Utility Authority not in attendance. Neither will Mr.
Trent, Okeechobee County Health Department. I discussed this with Mr. Trent
and he told me that he believed the CLAT was already started paperwork,
applying for the Health Departments septic system permit.
Monica Clark, representative Glades Gas noted for the record that we were discussing the Glades
Gas Project.
Joe: Yes, I'm sorry we are referring to the Glades Gas project. At that time, that will
be part of the permitting. We will begin with comments from Mr. LaRue's
representative, the planning department.
Don: I haven't seen the floor plan for this Glades Gas company, but the staff has no
problem with the set backs and so forth. The concern that we had were on the
number of parking spaces, and also the landscaping. We would like to see
alternative landscaping plans. The parking, based on Industrial, would be one per
thousand square feet for floor area. They do have an area that is a separate
building, used for an office and retail use for the Gas company next door. The
question is whether to treat that separately requiring them to have a commercial
retail parking standard, as well as for the new building, requiring a one per
thousand standard for the Industrial that would increase the parking spaces
significantly. So I'd like to have them respond to that, those are our comments.
Joe: Okay, would you like to respond at this point? Okay, please identify yourself.
Steve: We have based the one per thousand on the Industrial, I understood that it had
provisions for commercial uses too, but uh we can add a few spaces in the back,
uh in the back we can add 6 additional spaces based on the plan here. You
haven't seen the floor plan, but if you look at the floor plan it has garage doors
and people can actually pull into the units, is that right?
Monica: Yes
Steve: They can actually park inside the unit itself. Contractor trades bays is what they
are. So I think that we can add six additional spaces fairly easily to the plan.
Joe: So you are saying, in essence, that those units will be rental units used for
industrial use storage?
Steve: I'll let Monica explain.
Monica: Uh, What we did is um, one whole unit is going to be a warehouse, um the
additional units are designed for Industrial Uses. There are not a lot of them in
Okeechobee County, so we designed the building so that they could have their
parts rooms, or stock and items that they need for Industrial zoning in the back of
the buildings. In the front, we envisioned a one person office so if they had a
client come in - surveyors, painters, dry-wallers, those type of people. Um, I
know that we do have a showroom in our office, but the majority of our work is
done with builders. We do air conditioning and appliance work, and most of that
work is done with builders. So that is the reason we went ahead and did the one-
to-one thousand and in fact we had more parking spots and we ran into a problem 3
because the utility lines in the back on the alley are not in the center of the alley,
so they are on the west edge of the alley. We actually had to move the building to
accommodate the requirements off the power lines running in the back of the
alley. So we had parking spots, but now because of having to move the building
and making the building smaller, um, part of that parking would actually be in the
alley. We ran into a problem because that means you have to pave those parking
spots and its an alley. So we ran into a complex with those, also the majority of
the parking now are my company trucks and we have the whole back lot, that we
did not.include in this plan, we are only using the front part of it. But are plans
are that all of the employee parking will be in the back of the site. As far as
landscaping is concerned, the architect included landscaping a hedge around the
corner of 441 and 9"' Street. If we put any trees in at that point there is going to be
a problem with the sight coming out from 9' onto 441. We can not put any trees
on our site within the fenced in area because we are considered a hazardous
material site, and we are not allowed to have trees or landscaping within the
fenced in areas, so we are very limited already because it is an existing concrete
facility. So there is very little area that we can use for landscaping, the hedges and
trees in the front that we have already will remain. But we, our building, is on
DOT's easement. There is no more room for us to put anything on that front site.
Joe: Mr. Murray, I think you were asking for an alternative landscaping design.
Don: I think that's good, I understand that we can't obstruct the visual area for
intersections and corners. There are some things that you can do that may be
more acceptable, lower shrubs that can be maintained at a lower height, and a few
trees that the canopy is above that, maybe small type species. Very limited hedge,
keeping them back towards the inside area of the landscaping. So we would like
to see more things like that, um, you know on the landscape medians. That would
be acceptable to us.
Monica: We have one other median corner, that we could do landscaping at, but I think that
everyone pretty much knows that we keep the landscaping in our site. We did put
trees in because the only place that would be good for a tree is that one corner,
between the existing building and the new building.
Don: We'd like to just see that you made an attempt to do what you can.
Steve: So we need to provide an alternate landscape plan for the site.
Don: My opinion on the parking is I'd like to see more of a breakdown, I haven't seen
the floor plan that the other members have, to find the best solution or go before
the City Council to get something approved.
Joe: Mr. Tomey
Keith: Clarification, the plans I got it says Kennedy?
Monica: Yes
Keith: Clarification -ten means to me that I'm going to lease it to workers for storage, or
something like that. You are saying that the only thing that is going in these
things is storage, and that's it. No business's working out of there or nothing?
Monica: No, that's not, no. Only one unit is warehouse.
Keith: The rest of them, you will be running a business out of them.
Monica: Yes, they will be leased.
Keith: The corner, the landscaping on the corner, you do need to submit your plans for
that and the visibility triangle.
Monica: I didn't actually see the final plans that came from the architect, but in the original
plans he had it landscaped with a hedge that matched the hedge in front of the
existing building and the hedge would go on both sides, oh you just got the floor
plan that's right. The final plans from the architect included shrubbery, um on
441 in front of the ditch, drainage ditch, and around the ninth street to match the
current shrubbery in front of the existing building.
Steve: There is no landscape plan on this one.
Keith: Well when you get the landscape just remember the visibility triangle, within that
35 foot triangle shrubs can't be above thirty inches once you, if you want a sign or
something it has to be eight foot or ten foot to the bottom of the sign, ten foot to
the bottom of the sign.
Joe: Mr. Cook
John: I don't have any concerns, other than the parking ones that have already be raised.
As you know we have an on-going problem within the City, whether it is an
existing Commercial use that changes, or a new structure that changes it's use. So
when we get to the point where we can see the parking design, I just need
everyone to understand that there are a certain number of parking spaces that are
required, and somebody comes in for instance to get an occupational licence in the
City, mean while they are running a flower shop out of one of those bays, they are
not going to get a license. Because there is not going to be enough parking.
Monica: Okay.
John: So, we've got to determine what uses are going to be made there before we can
actually...
Monica: But in the LDR's doesn't it spell out the different number of uses that could take
place in the industrial zoning? I don't know how else to break it down, because
our square footage is based on eighteen hundred square feet right now, is less than
400. And since we are an Industrial use the majority of the parking, I mean we
never have more than one or two customers at a time. Uh, usually they are at our
dock, and that whole dock situation is being changed to the back of the property.
John Cook: Yeah, I've gotten with Chief and Oscar, because as you've already mentioned the
existing business and sales office for Glades Gas wasn't built so close to the road,
the road probably got a little bigger.
Monica: It did, we have documents from 1942 between DOT and, well the Department of
Agriculture and my grandfather, at that point fighting over the right of way. But
we weren't going to fight over who was first.
John: So improving the interior of that building, and making whatever repairs you need
to make to that building I don't have a problem with as far as setbacks, because it
is a non -conforming structure. It is there, and as long as you don't move it any
closer to the road, as for the new building the parking and landscaping.
Monica: Well that is part of our problem, the whole reason that started this project is that
with 441 coming in, they are taking out my front side walk, and we have no
entrance for our customers that come in to pay their gas bills. We don't have a
huge, it's not like a doctors office where people come and park, they come in pay
their bills and leave. The majority of the parking is from my trucks, and most of
them are only parked at night, in the back part of the property, which is not
included in the Site Plan. All we did was include from the alley forward, we have
the other four lots on the back.
John: That is all I have.
Joe: Okay, Mr. Bermudez.
Oscar: Well the problem that we have is the parking really, because your own business is
going to occupy the ten parking spaces. You have approximately, or you are
going to have approximately more than three thousand square feet of office space.
So if you are going parking spaces, as they mentioned before later on somebody is
going to pull a license for any other kind of business, so that will be a separate
problem, I believe that for the records we need to make a motion that you know
there may be problems with the parking. The engineer is claiming that he is going
to put in more parking spaces in the back and the bays are going to be used for
Industrial use, that is fine. But I believe that it should be on the record.
Monica: I think, the concern that I have is you know, if you take my loading zones out for
back of the property. You are changing the use from Industrial to straight retail.
Do you understand?
Oscar: Yeah, but if.. .
Monica: See what I'm saying, we can take the loading zones out and put in parking spots in
the back, instead of a loading zone. Then you are saying that it is going to be
commercial use, instead of Industrial use. The whole idea behind having a
loading zone behind each of those bays is because of the Industrial use for it.
Oscar: So that it is very clear that it is going to be for Industrial use.
Monica: Right.
Oscar: Besides that...
Monica: So we need to change the plans, and put all parking?
Steve: I think I understand what they are saying, they can approve it based on Industrial
use only...
Oscar: Exactly
Steve: However, if a tenant comes in and has a different use, they are going to want to
see the parking for that use.
Monica: So can we change the plans, and go ahead and take the loading zones out, and go
ahead and put the parking spots.
Steve: We could put the worse case use in there, and provide parking spots for that.
Joe: Could you provide another Site Plan with the new parking spaces?
Steve: I think one thing that we could do, and wanted to mention, is that we could show
where some of that parking would be accounted for by the employees trucks, I
mean they are parking in the back. We probably should show where they are
already parking in the back, as overflow parking. I mean I could show where
those vehicles are being parked in the back, just to stabilize the area. I don't know
if that would be a problem, but that should account for some of the spaces. Those
parking spaces out front are strictly for customers only, those are not for
employees - they are for customers.
Oscar: Yeah, but you know what happens...
Steve: We could show in the back where the employees park now, and will continue to
park and adjust the parking calculations.
Oscar: Yeah, but that is the situation to today date, we don't know what will happen in
two or three years, right? So all the business are coming down there, and you
don't have enough parking spaces if you decide to sell the site.
Monica: Well I don't think in my situation, that my use is going to change. My part of this
whole project is about four to five thousand square feet, and I am Industrial use. I
am not a big retail user, all we are -dealing with are the four rental spaces. So I
don't know if we can do a mixture, but I mean if I am not there, I am selling it as a
propane company because my storage facility is there and the rail site is there. So
I don't have a large retail base that is coming in, I don't know how you judge,
because I don't consider a doctors office a large retail space, but they have a lot of
parking requirements because of having patients in there, so I don't if we can
divide up the use, but my use is Industrial, by the definitions in the LDR's.
Steve: I think we need to get a clarification, her use we are saying is one to a thousand
per use, and if one to a thousand is okay for the whole building so long as it is an
Industrial use only, storage or whatever that applies to. What we are looking for,
is the future tenants that need to have a one to three hundred ratio for the future
tenants.
Chief: That depends upon what you put in there, doctors are one to one hundred eighty,
restaurants are one to seventy five, each use might have a different ratio.
Steve: Is there one for contractor trades? I mean that is basically what she is aiming at
for the future tenants, so we have to go one per thousand for her part of it, and if
we could figure out whatever is appropriate for contractor trades for the additional
square footage, and show that parking on the Site Plan.
Oscar: Well, this is still an Industrial district and in any Industrial district you can have a
business office, retail sales, you can do whatever you please. But in that case, the
way that I see it, that is a business office.
Don: The standards are based on the uses, or on the most related use to what is
proposed. You don't get that confused with Industrial district uses, because like
he said...
Monica: Is the parking based on the zoning, or is it based on the use?
Don: It is based on the use.
Oscar: The use, exactly.
Don: Residential uses, Commercial uses, Industrial uses.
Monica: So the definition of Industrial use in the LDR's had commercial applications.
Oscar: That's right.
Don: You do have commercial applications in Industrial district, commercial uses
within an Industrial use, but then you apply the standards for parking for the
separate uses.
Monica: The parking requirements in the LDR's, I think, is set up by zoning, not by uses.
Within the zoning it is broken down into uses.
John: Yes, you have 21 permitted uses in Industrial, as you know that varies. Business
office, retail store, I think storage, etc. The parking regulations then, as Ikon said,
the off street parking requirements are tied in to the types of uses that are used
within the particular district. Like the Chief said, it is not likely that you are going
to have a doctor's office in one of those bays, but that type of commercial is one
space per one hundred eighty feet square feet of floor.
Steve: So each one of the units, ....., storage and retail space, depending on the floor
plan that is proposed.
John: Yeah, I suppose. If we run into a problem like we did over here in Newman's
building, when a restaurant goes in there, and all of a sudden the restaurant took
up every space that Newman had for entire building, plus more, because of the use
they made of. So changing the uses down the road, is what causes the problems,
and the owners don't understand why they can't lease to someone because of the
parking problem.
Monica: But he is commercial zoning, he isn't industrial zoning.
John: True, but he has to meet the restaurant off street parking requirements, the tenant does.
Then we get into the argument that, that I heard yesterday, you approved it in 2003 when I
built the building, so how can you come in now, 2 years later, and say that I can't put a
restaurant in here. The parking requirements were different than the intended use.I think
that this is something that we can overcome, but that is the problem that we have, and we
try to address that now instead of later when it causes hard feelings.
Monica: Can we mix the uses, at this point? I mean is that acceptable? Because the first
bay, um to the left of the new building, are going to be our warehouse.
John: You have 21 permitted uses, and you have half a dozen special exception uses.
Monica: So basically, if we are talking 4 tenant spaces we need uh, 4 spots per space, so we
need 16 spaces for the tenants, and one per thousand for us. Is that correct?
Keith: You will need whatever you put in there.
Monica: I'm just saying if we are assuming that they are commercial uses, we will need 16
spaces for the rental part, and one per thousand for our use.
Keith: Like I said, retail stores are one per three hundred square feet Monica, a furniture
and appliance store one per five hundred square feet, so this could vary. I don't
want you to think that it is sixteen and that is it, because it's not. If you go down
to a medical office, which wouldn't go in there, but that is one per one eighty. Go
down to a nursery/lumber yard it is one per two fifty.
Steve: What if we document on the Site Plan, right now the way it is documented is
Industrial use, the way the calculations are done for the parking calcs. However if
somebody comes in with a different use, in other words if we wanted to we could
get approval right now for the industrial use, warehouse use, and then when
someone else comes in then we can evaluate the parking.
Keith: The way understood it, the way I interpreted it, was Industrial Warehouse, then
you leased it to a drywall contractor. He comes in and stores his drywall and his
equipment, he doesn't run his business out of it.
Don: That is how I look at it as well,
Keith: If he puts an office in there, right Don, if he puts an office in there and stuff right
now, he runs a business out of there.
Steve: He would come in for an occupational license, and he would say on the Site Plan
that parking has been provided one per thousand, so he would have to come up
with the difference between the one per thousand, and the one per three hundred.
He'd have to show where the additional parking spaces are going to be proposed,
at that time. We'd have to revise the Site Plan to provide enough spaces.
John: We had a situation downtown where the tenant signed the lease and found out that
he couldn't make a use of it, and couldn't get out of the lease. He had to pay the
lease in full, and couldn't use the property.
Keith: These meetings are good when you come up here that way we all understand
going into this project, what both sides feel. That way you don't have confusion.
Joe: Actually, the only thing that is going to change anything is the use. The Industrial
zoning is going to remain industrial zoning, period. The Commercial use is what
we are trying to address, this is going to cause you a problem in the future. That is
when the additional parking is going to be addressed, and that's what need to get
on the record, and that is why we need to get another Site Plan, if you will, semi
Site Plan. Showing the additional parking spaces that are available in the rear and
let Mr. Bermudez look at it, and before the approval, the approval will be
contingent upon his approval of the final Site Plan, is the way that I understand it.
Is that clear to everybody?
Monica: I have another question?
Joe: Yes ma'am.
Monica: Um, If we add the additional parking in the back, would there be a possibility of
an exception? Right now it is shell rock, the parking in the back of our property if
it is not concrete it is shell rock. Does it have to be paved?
Oscar: Yes, it does.
Steve: Does that include the idle lanes and everything? Or just the parking spaces?
Oscar: Everything, according to the LDR's.
Keith: That 12 foot you are showing in the back, is that alley or your property?
Monica: Both, it goes into the alley, the reason, like I said because of where the power
lines are located in the alley which is on the west side of the alley, we had to move
the building.
Keith: I just wondered
Monica: Yes, part of it is in the alley.
Steve: Are you allowed to use that alley for parking?
Oscar: No.
John: Not unless it is closed.
Steve: Can you use it for an isle -way?
Monica: Even if it's leased?
Oscar: I believe that is going with the petition for that, because right now it belongs to the
City.
Monica: We have a 100 year lease on it.
Oscar: Yeah, on the one that goes east/west, right? But the one that goes north/south still
belongs to the City.
Monica: Oh, I thought we had a lease on them both?
John: I saw that years ago, because I was researching a lumber yard that used to be up
there. I can't remember the terms of it.
Monica: See the concern that we have, well maybe I shouldn't talk out of turn, but I
thought the concern that we had was I don't want the whole lot to be concrete. I
mean I want some grass, I want some perculation, I want some, that's why it is
still shell rock uh in the back.
John: You have an 85% maximum anyway.
Joe: You are allowed 85% coverage.
Monica: I know, I just didn't want it.
Steve: Well we have to provide a drainage system.
Monica: Right, if you covered with concrete you have to provide drainage and we looked at
that and if you go by the drainage, we could put about a 2500 square foot pond in
the back of my property.
Joe: Oscar, have you addressed the drainage?
Oscar: Yeah, I reviewed the calculations, they are okay. They have positive outfall, there
is no problem down there. The only thing that we have pending is the DOT
permit, that is something that you have to handle directly and the Health
Department.
Joe: Does this include a retention pond?
Oscar: Yeah, they have a retention pond.
Joe: Is it on the Site Plan?
Oscar: Yes sir, and we have all the calculations.
Joe: So the parking is a big issue, and the paving is that correct?
Oscar: Yes sir.
Steve: Well basically to be approved is just based on straight Industrial use right now. If
we have a tenant and we find out what the tenant wants to do we could come back
with a revised Site Plan at a later date and show where that additional parking and
drainage will be provided. Is that right?
Oscar: Yeah, because the way it is right now, for your own business you need ten parking
spaces, because you have about three thousand square feet of office space that you
have down there. For that business you need 10 parking spaces, so...
Steve: That is different from what I thought, I thought you were saying that it was okay
the way it is, that we correct the one per thousand on the tenant spaces, then we
could just provide the difference. But you are saying that the ten that are being
used are for her business alone, and then there is nothing left.
Oscar: And that is the problem, yes.
Keith: One per one thousand square feet for Industrial warehouses. Now realize the
business ya'll have is an Industrial business, you only, you still have a business,
and have the availability for people to walk in to your place of business and pay
their gas bill and look at your appliances and stuff like that.
Monica: So you are saying Industrial zoning, where one per thousand square is permitted is
strictly warehouses, no people involved in business.
Keith: According to the LDR's, that is what it is in warehouse use.
Steve: Okay, well we need to review that and make the appropriate change to the Site
Plan and parking and have you review it. I think also, provide an alternate
landscape plan.
Joe: Anything else Mr. Bermudez? Mr. Robertson? Mr. Veach? Anything else?
Okay, I need a motion.
Keith: You all are coming back, right? So we're not approving it? We don't need to
approve it, or dis-approve it, do we attorney? Do we need to approve or dis-
approve this petition if they are going to come back?
John: Well, I mean.. .
Steve: Can you approve it based on us providing an alternate parking and landscape
Plan?
John: Do you need something to move forward?
Steve: Exceptional permit, or something?
Joe: It could be a contingency approval, which is what I..... it will still depend on
your second plan of submittal anyway. I need a motion.
Keith: I'm trying to figure out how to word the motion, I'm running it by Cook then I'll
say it out loud... .
John: I think at this time approve the plan that was submitted, subject to updating the
Site Plan to include the landscaping and parking.
Keith: I make a motion that we approve the plan that they have submitted with the
condition that they submit adequate parking and an alternative landscaping plan;
Joe: Do you mean alternate parking plan?
Keith: I'd say alternate landscaping plan, not alernatate parking, it is alternate
landscaping that they got to improve, submit something on the parking, and an
alternate landscaping. Did you get all that in there Carolyn?
Carolyn: Adequate parking, and an alternate landscaping plan submitted, right?
Monica: We can't do any parking in the back on the shell rock?
Steve: What about as an existing condition?
Oscar: No.
John: There is a provision in the code for reduction of paved parking space
requirements. Look at that
Monica: Because our fuel trucks park in the back, they don't park in the front near the
office space. They have to be 25 feet from the building anyway. They can't park
next to a building anyway.
1375 Jackson Street, Suite 206
Fort Myers, Florida 33901-2845
239-334-3366
Staff Report
Site Plan Review Applicant's Name: Glades Gas Company
Applicant:
Glades Gas Company
c/o Monica Clark
804 North Parrott Avenue
Okeechobee, FL 34972
863-763-2114
Legal Description of Subject Property:
Lots 8 thru 14 & the north 40' of Lots 17, 18 & 19, Block 49, Okeechobee,
according to the plat thereof as recorded in Plat Book 5, Page 5 of the Public
Records of Okeechobee County, Florida.
Discussion:
This is a site plan review calling for removal of approx. 2,100 sq. ft. of an existing
building and construction of 7,944 sq. ft. of a new "Contractors Trades" building.
The existing building contiguous to Parrot Avenue, will remain and still function as
the sales center and office for the Gas Company.
Findings:
Existing Provided
Existing Land Use Contractor's buildings N/A
Future Land Use Map Industrial
Zoning Industrial
Density
Min Lot Area N/A Minimum lot width &
Min Lot Width N/A depth is met
Setback Requirements
Front
East Side
West Side
Rear
Max Lot Coverage
Max Impery Surface
Maximum Height
Parking Requirements
Number of spaces
25'
15'
15' 40' abutting residence
20'
50%
85%
45'
Required retail
and storage for new
building plus parking
for existing building
Setbacks are met for this property
75.5
25-28' (to be verified by architect)
10 Parking spaces provided
to cover both buildings
Page -1-
Staff Report
Site Plan Review Applicant's Name: Glades Gas Company
Landscaping
Parking Area
Lot Lines
Secs. 90-531
543
No landscaping is shown
Loading Space: One No loading space is shown
The applicant needs to provide landscaping as required by the City's Land Development
Regulations. An alternate landscape plan may be an alternative. The parking provided is
only applicable to Industrial warehouse uses, not sales facilities. The applicant has
requested to be held to the straight Industrial warehouse parking standards as the separate
lot to the east is allocated for employee parking. No loading spaces are provided but there
is a general loading area at the rear of the new building. The applicant has said that the
loading area in the rear meets the intent of the regulations. No elevations are shown for the
new building. This needs to be shown to determine whether the height of the building
exceeds forty-five feet. The pervious and impervious area requirements are met for this
site.
ikecommengation:
Approval of this Site Plan is recommended conditioned upon verification of
adequate parking and an acceptable landscaping plan.
Submitted by:
James G. LaRue, AICP
Planning Consultant
6/17/03
Page -2-
Carolyn: I didn't hear a second on that?
Joe: We are not ready for one yet, we are still having discussion. So you are going to
take a look at the alternatives of the required parking and submit it to the City
Engineer for approval. This approval is contingent upon his approval of the
second submittal, right? Everybody agree to that?
Don: And the alternative landscape plan.
Joe: And the alternative landscaping plan. Do I have a second?
Don Murray: I second that motion.
Joe Boyd: All in favor - Yea. All opposed - None. Motion carried.