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2016-02-18MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY, FEBRUARY 18, 2016, 10:00 A.M. CITY OF OKEECHOBEE 55 Southeast 3rd Avenue Okeechobee, Florida 34974 Page 1 of 6 I. CALL TO ORDER — Chairperson. The February 18, 2016, Technical Review Committee meeting was called to order at 10:00 a.m. by Chairperson Montes De Oca. II. STAFF ATTENDANCE — Secretary. Voting Members: City Administrator Marcos Montes De Oca - Present Building Official Jeffrey Newell - Present Police Chief Denny Davis - Present Fire Chief Herb Smith — Absent (Lieutenant Crum in attendance) Public Works Director David Allen - Present Non - Voting Ex- Officio Members: City Attorney John R. Cook - Present (entered Chambers at 10:02 a.m.) City Planning Consultant Bill Brisson - Present City Civil Engineering Consultant - Attendance not requested County Environmental Health Department Representative Doug McCoy - Absent (with consent) OUA Executive Director John Hayford - Present School District Representative - Absent Committee Secretary Patty Burnette - Present III. AGENDA — Chairperson. Chairperson Montes De Oca asked whether there were any requests for the deferral or withdrawal of items on today's agenda. Items were not added or withdrawn; however, he requested to move New Business Item B, application 16- 002 -TRC, to be heard first. IV. MINUTES — Secretary. Chief Davis moved to dispense with the reading and approve the Minutes for regular meeting held November 19, 2015, seconded by Building Official Newell. Motion carried unanimously. V. NEW BUSINESS — Chairperson. A. Site Plan Review Application No. 16- 001 -TRC, regards to converting an existing 8,279 square foot former bank building into a proposed restaurant with outdoor dining as the principal use in addition to accessory retail and office uses, associated parking, and to request a 20 percent parking reduction, on approximately 1.858 acres, located at 1506 South Parrott Avenue, Okeechobee, FL. (U.S. Highway 441 South), Lots 1, 2, 7 and 8, of Block 28, south Okeechobee, Plat Book 1, Page 12, and Lots 3 to 6 and 9 to 12, less the South 30 feet of Lots 6 and 12, of Block 28, First Addition to South Okeechobee, Plat Book 1, Page 17, Public Records of Okeechobee County Florida, - Senior Planner. Planning Staff Report: Planner Brisson explained the property owner, Mr. Raymond Arrants, is proposing to modify the former TD Bank building to accommodate a restaurant as the principal use along with some retail TRC - February 18, 2016 - Page 2 of 6 V. NEW BUSINESS CONTINUED. Site Plan Review Application No. 16- 001 -TRC continued. and office uses. In addition, he is proposing to convert the former drive -thru banking area to outdoor dining. The site is provided potable water and sewer service although the demand for the proposed restaurant is expected to exceed the former bank use. Taking this into account, the applicant should obtain a letter from Okeechobee Utility Authority (OUA) documenting there is adequate capacity and facilities. The County has confirmed a considerable level of excess capacity available to serve the solid waste disposal needs. No drainage calculations were provided, although should additional pervious area need to be converted to parking, the applicant will need to submit the current and proposed extents of the pervious and impervious surfaces. It would be apparent that the total traffic generated from the proposed uses would be considerably less than calculated for the former bank and thereby will not burden the City's roadway system. Access to the site will be through the main two -way driveways on Southwest 15th and 16th Streets. Patrons using certain rear parking spaces on the north side of the outside dining area will be able to exit by the main driveways as well as the one - way driveway onto Southwest 16th Street although, patrons parking on the south side of the outside dining area will only be able to exit via the one -way driveway. Planner Brisson noted several concerns with the proposed parking. The first issue is determining the number of spaces due to the discrepancies with determining the exact amount of square footage each use will occupy. When a restaurant is proposed with an accessory retail operation it is particularly important to have a defined floor plan and an explanation of how the uses will operate because of the dramatic difference in the parking requirements. According to the initial floor plan, 74 parking spaces are required. The revised floor plan did not explain the retail square footage accurately. Based on the information provided, Mr. Brisson calculated 79 parking spaces would be required and provided specifics of his determinations. The actual parking requirement cannot be calculated until a more detailed floor plan is submitted. The second issue with parking is the location of the additional spaces. There are 37 ninety- degree spaces on the property. The additional parking includes six angled, eight ninety- degree, six parallel, and two direct pull in spaces totaling 59 off- street parking spaces, four of which are designated for the handicapped. The third issue with parking is the design of the additional spaces. The City's Land Development Regulations (LDR's) have no specific dimensional requirements for parallel spaces. The six spaces located along the right side of the westernmost drive aisle meet the standard requirement and provide for maneuvering, although the three southernmost spaces are located in such a manner that emergency service and other large vehicles may have difficulty. The first direct pull in space is located in close proximity to one of the parallel spaces and the second direct pull in space would essentially be considered a parallel space should the first space be occupied. Mr. Brisson is of the opinion that these spaces are neither safe nor convenient. Two spaces located on the west side of the building on either side of the outdoor dining area are questionable in that there may not be sufficient space to back out and exhaust fumes would spew into the area. The Applicant is also requesting a recommendation to use fourteen on- street parking spaces along Southwest 2nd Avenue to reach the 73 required under their revised allocation of interior floor space. It is our understanding that these on- street spaces have been provided to accommodate anticipated peak periods of usage by visitors to the library. TRC - February 18, 2016 - Page 3 of 6 V. NEW BUSINESS CONTINUED. Site Plan Review Application No. 16- 001 -TRC continued. The next issue with the proposed site plan is the location of the loading zone. The proposed location used to be a driveway connecting the drive - through area of the bank to the south and west parking areas of the property Access would be from the main entrance on Southwest 16th Street, however should vehicles occupy some or all of the parking spaces south of the building, the vehicle in the loading zone would need to back up about 100 feet or back into the parking area and reverse direction in order to exit. The first method is not safe and neither one is acceptable. Mr. Brisson suggested the two spaces in the parking lot to the west remain vacant so the loading zone could be accessed from Southwest 15th Street and exited by Southwest 16th Street. The loading zone could be merely striped so that when not in use, it could serve its original purpose of connecting the two areas and providing a loop system of internal circulation. The last issue with the proposed site plan is the location of the dumpster. It is shown in the same location as the former bank, at the southwest corner of the parking lot. Access is by Southwest 15th Street, passing under the overhang of the outdoor dining area and then backing up to exit out to Southwest 16th Street. This could be difficult should the one proposed parallel parking space just north of the dumpster be occupied. Mr. Brisson believes this space to be unacceptable and commented the dumpster location will work fine should it be removed. In conclusion, Mr. Brisson is recommending the applicant resubmit and provide a detailed floorplan of the proposed uses that accurately reflects the area associated with each use and to redesign the site plan reflecting the required parking spaces needed. Mr. Steven Dobbs of SLD Engineering, LLC, was present for Mr. Arrants as well as Mr. Cory Penrod with Penrod Construction and Mr. Wes Abney with Abney Building & Consulting, Inc. Mr. Dobbs began by apologizing for the incompleteness of the plans. He had a short timeframe in which to submit for this meeting as his client is working with a tight deadline. A lengthy discussion ensued addressing the parking concerns, possibly omitting the outdoor dining area for now, and determining the square footage for the retail and restaurant spaces. He commented on the parking concerns by stating that he believes there are areas on site where spaces can be added and asked the Committee whether a special meeting could be called to resubmit plans so his client would not need to wait until the April meeting. The applicant, Mr. Ray Arrants was present as well. He explained a little bit about the history of Lightsey's and how it started as a fish house. He told of how the display cases were introduced into the restaurant and how that market has grown. He envisioned Lightsey's being half restaurant and half retail. He commented that he really would like to keep the outdoor dining area and realized there were parking concerns. He was trying to keep costs down and questioned other parking arrangements with restaurants in the City. Administrator Montes De Oca explained that changing the use from a bank to a restaurant triggered the requirement of more parking. He further commented the last two site plans submitted for restaurants in the City complied with the required parking. The square footage for one of those proposed restaurants was actually reduced in order to meet the parking requirements for the site. County Environmental Health Department: No issues were received. OUA: Mr. Hayford questioned why a grease trap was needed as the plans that were provided to him showed no kitchen. In addition, a complete set of plumbing plans would be needed in order to do the calculations to determine the sizes for the water and sewer meters. Currently a 3/4 inch meter exists on the property and it would probably be under sized for these proposed uses. The plumbing plans should also show where the water fixtures are located and how many customers are in each area. TRC - February 18, 2016 - Page 4 of 6 V. NEW BUSINESS CONTINUED. Site Plan Review Application No. 16- 001 -TRC continued. Building Official: Building Official Newell commented for the record a building permit was issued for interior demolition work and that he required a letter from Mr. Arrants acknowledging the risk in doing this work before obtaining approval for the project from the TRC. No other issues were received other than the previously discussed ones. Public Works: No other issues were received other than the previously discussed ones. Police Department: Police Chief Davis commented for the record Mr. Arrants and his Mother, Beverly, were his cousins. Form 8B Memorandum of Voting Conflict for County, Municipal, and other Public Officers is not required as cousin is not included in the listing as a relative. He inquired about other restaurants like Cracker Barrel that had both retail and restaurant uses and how this proposed plan differed. Planner Brisson replied the restaurant for Cracker Barrel is totally separate from the retail component whereas the floor plan provided for this proposed use has the servers passing back and forth through the retail area to access the kitchen. Fire Department: Lieutenant Crum voiced some concern with interior demolition work being done before a final floor plan was reviewed by the Fire Chief in case for example a wall that was taken down needed to actually be there. The Chief may have some issues with the different occupancies and would need to make sure everything complied with the fire statutes. In addition, given the design of the parking spaces west of the outside dining area should the ladder truck ever be needed at this location, it will not be able to access the area because of the swing radius needed. Chairperson Montes De Oca commented he felt the site had ample space to add more parking and that the applicant needs to demonstrate the onsite parking before seeking the offsite reduction. He doesn't believe these are problems, just challenges. He further commented the City is here to help as we want the business to come and succeed. City Attorney John Cook added the applicant should submit a revised floor plan that is more detailed and a new site plan that shows an attempt was made to add more onsite parking spaces. Then, should this Committee not make a recommendation to the City Council for approval of a parking reduction to allow some offsite parking, he could still take that issue before the Council himself. Chairperson Montes De Oca asked whether there were any comments or questions from those in attendance. David Hazellief addressed the Committee to give some history and details regarding the construction of the library. He explained both Block 27 where the Library was built, and Block 28 where the proposed restaurant is to be built, were both owned by the County and the area located between Southwest 15th and 16th Streets was a grass lot used as the football field. When the construction for the new Library was being considered, the County Commissioners and Mr. George Long, the County Administrator at the time, asked the City to pave that portion of street now identified as Southwest 2nd Avenue, and install parking spaces to be used as overflow parking for the second phase of the project. To date the second phase has not been built and most of the time these spaces are not used. Chairperson Montes De Oca asked Committee Members to disclose for the record whether they had spoken to anyone else regarding the application or visited the site. Building Official Newell disclosed he had conversations with Mr. Abney and Mr. Penrod regarding the project and Administrator Montes De Oca disclosed he also had spoken to Mr. Penrod regarding the interior demolition and to Mr. Dobbs regarding the project. TRC - February 18, 2016 - Page 5 of 6 V. NEW BUSINESS CONTINUED. Site Plan Review Application No. 16- 001 -TRC continued. Motion and second offered by Building Official Newell and Public Works Director Allen to deny the site plan review to converting an existing 8,279 square foot former bank building into a proposed restaurant with outdoor dining as the principal use in addition to accessory retail and office uses, associated parking, and to request a 20 percent parking reduction, on approximately 1.858 acres, located at 1506 South Parrott Avenue, Okeechobee, FL. (U.S. Highway 441 South), Lots 1, 2, 7 and 8, of Block 28, south Okeechobee, Plat Book 1, Page 12, and Lots 3 to 6 and 9 to 12, less the South 30 feet of Lots 6 and 12, of Block 28, First Addition to South Okeechobee, Plat Book 1, Page 17, Public Records of Okeechobee County, Florida, and resubmit by end of day, February 24, 2016, all materials needed for a new site plan review for the next meeting, date certain, March 17, 2016. He further amended the motion to include should the material not be submitted by the deadline date of February 24, 2016, the application would then be heard at the next meeting according to the published submittal and hearing date schedule. Motion carried unanimously. B. Site Plan Review Application No. 16- 002 -TRC, in regards to adding a 24 by 36 foot modular building for the proposed use of an employee breakroom at Entegra Roof Tile Corporation on approximately 3.799 acres, Lot 7, City of Okeechobee Commerce Center, Plat Book 7, Page 10, Public Records of Okeechobee County Florida, and located at 1289 Northeast 9th Avenue, Okeechobee, FL. - Senior Planner. Chairperson Montes De Oca explained a Planning Staff Report was not required for this application. The property is located in the Okeechobee Commerce Center in the City of Okeechobee, Florida and as part of the Declaration of Protective Covenants dated May 4, 2004, an approval is required from the Technical Review Committee (TRC) for any improvements or additional structures to the property. The applicant simply wishes to add a modular building in front of the south east corner of the company building. The building will be painted, skirted, tied down, have electrical hook ups and will not have any bathroom facilities. The applicant, Mr. Jeff Kruse, Continuous Improvement Manager for Entegra Roof Tile Corporation, was present for any questions. There were none. There were also no comments or questions from those in attendance. Chairperson Montes De Oca asked Committee Members to disclose for the record whether they had spoken to anyone else regarding the application or visited the site. Building Official Newell disclosed he had met with Mr. Kruse at the site to look at the unit and discuss the placement location with him. Chairperson Montes De Oca also commented he had spoken to Mr. Kruse about the project and met onsite with him. Motion and second offered by Building Official Newell and Public Works Director Allen to approve the site plan review in regards to adding a 24 by 36 foot modular building for the proposed use of an employee breakroom at Entegra Roof Tile Corporation on approximately 3.799 acres, Lot 7, City of Okeechobee Commerce Center, Plat Book 7, Page 10, Public Records of Okeechobee County Florida, and located at 1289 Northeast 9th Avenue, Okeechobee, Florida. Motion carried unanimously. TRC - February 18, 2016 - Page 6 of 6 VI. ADJOURNMENT— Chairperson. There being no further items on the agenda, Chairperson Montes De Oca adjourned the Technical Review Committee meeting at 11:14 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: MargQs- Meptes De Oca, Chairperson Patty M. Burnette, Secretary DO r(164-i b 1-o po5.4 Font --tod° f- eet/aim ( be (far j4C` (fa mt.) IN iwb lis4 J- wor CITY OF OKEECHOBEE FEBRUARY 18, 2016 TECHNICAL REVIEW COMMITTEE HANDWRITTEN MINUTES I. CALL TO ORDER - Chairperson: February 18, 2016 Technical Review Committee Meeting, 10:00 a.m. II. STAFF ATTENDANCE - Secretary Present Absent Administrator Montes De Oca Building Official Newell Chief Davis Chief Smith Engineer Public Works Director Allen YEA NAY ABSTAIN ABSENT Allen Position vacant at this time Non - Voting Ex- Officio Member: Montes De Oca Attorney Cook County Health Department McCoy OUA Executive Director Hayford Senior Planner Brisson School Representative Secretary Burnette ' r" Newell ✓ III. AGENDA — Chairperson. A. Requests for the deferral or withdrawal of items on today's agenda. \I't l — I a" A. Motion to dispense with the reading and approve the Summary of Technical Review Committee Minutes for the November 19, 2015, regular meeting. IV. MINUTES - Secretary. hiC Urd,e,- o F 8 +6 r1-c- ht-4 4e4:)reP moved to dispense with the reading and approve the Summary of Technical Review Committee Minutes for the November 18, 2015, regular meeting; seconded by VOTE YEA NAY ABSTAIN ABSENT Allen Davis Montes De Oca Newell Smith r! e APPROVED DENIED V. NEW BUSINESS - Chairperson. A. Site Plan Review Application No. 16- 001 -TRC, in regards to converting an existing 8,279 square foot former bank building into a proposed restaurant with outdoor dining as the principal use in addition to accessory retail and office uses, associated parking, and to request a 20�ercent parking reduction, on approximately 1.858 acres, located at 1506 South Parrott Avenue, Okeechobee, FL. (U.S. Highway 441 South), Lots 1, 2, 7 and 8, of Block 28, South Okeechobee, Plat Book 1, Page 12, and Lots 3 to 6 and 9 to 12, less the South 30 feet of Lots 6 and 12, of Block 28, First Addition to South Okeechobee, Plat Book 1, Page 17, Public Records of Okeechobee County Florida, - Senior Planner. 1. Hear from Planning Staff. b n i� i s -y CO (� {v� toa r E t,oa Ste IL.)1tt.,- �J 7 r au et q2 : pl 3 Po C - 19.61/LS 0 0rati` a et C - oc.cxte a. Vic) ' -� Yvu,� -c h o f � (� • -kt` D� re,s� -uru O L at 1 4ho4- r.Pa-t.(L. ti', rOm ` /8 (Z,(iOCaft.c1- fvVL cA resT V1) c r rx � h ��- hrc��ri�, Cl �c� �e u-� PQir)hc /r bv� you `� c. 4,1^,A. �' �QVIh�� i LI;tgt,t c�c� �h�c�, ncra� �a' 2�piK�� n 4- ,- n Y ors fir` eer- o ku . 5( a ru J f" '- �(t, ps f} r,�_� bQc K o� P �c.bt`tc' 100 S�(xQ i3 SI�� t I€ f 54-At)L'�a'J2 irk J !'c CO r'At VXtC k V. NEW BUSINESS - continued. A. Site Plan Review Application No. 16-001-TRC continued. ........._. 1 ra e 3iika. re --iroti+Aed,c -e ypicuAA-etbdiA. 04- re-t-KA--( yut 0 C c tk. pa $10-1 LA)-e pct (]CL 0-- ,i, :I( 6' r IQ° 1\AOLr(.0 I. ' , No / ., o -‘!, r Ch(t1 z cif Li c , u5v + rQzi-Io are ct.tyk ti A c 1-0 s - 1 0 b-..t. I, v c.,,e: a..f e C LL I (11( 9 CI ''' re..s4att rttn1 0) 1614 Spacc 1-0 tkri. L) -1-1) atrylocv-Yettt Q),,j) 0,71 s fe 3 &CS 1-1' L-tte V. NEW BUSINESS - continued. A. Site Plan Review Application No. 16-001-TRC continued. 2. Hear from City Staff. Cool( - CA•vi h.( wotil was; 100,0-/ st j) twcvc(_.s. p6 Ira s-frret.4 . Use .1-0 be ec. ob.+ ba_tc. rt i3O, pkoz. stocorct CLAPP 4-) 1..t_,$C ,(t.5 ov ef-P 01,6 Le'vl trik q-ht conct phal.4 Dcwa 4-tect_t1lir Y)Lcu,1--11 Car (\jor Plre6e_ - noi etk (f- i-ta(-614 Lcr,(1..c( potAm-u0-(--i) Le+. (Mr. S -?)8-11- VitY1-4\ b v_s cote, 4-1-f bu,L,t* et-4, 4 pav e Sf-ree4%. -11)Y PAY IC Ix by eZ 0-t i C. 00 0 \ ' L &A ,ytf Of ' r)-) \''''jj 1, 'IL) c c L. oiv,• LLa v r fe b Li_ r 0 _ _----------- -, ro-- . s a e ----- nib ‘0_ ° , vy ,,,,, --k ).‘r - - -- t°61j 0 4 -40 DO( Obi I* et Mu) I 4-rcup ► dUct G. ►� u} t,11 fI d PC( 0 tV ClaCtatuf7ok.s `co c- Lk.) S �.er- lv?it C Ovv �� ConUe �?� ,Ot kh C v «� Ltu f ICU Q v�' SltteQ��bDr' Af 4'1Lc�1 In 1 ,�o.1 �a.�a �atc Guilt ad �r c c �r� a 0°°-°./ iO 00401\V° ms' 01 4 ov( c� rytp l� )V , o 4- rats ,ice.`'S `' 0 ✓Q( harm) • 5 V. NEW BUSINESS - continued. A. Site Plan Review Application No. 16-001-TRC continued. JL 3. Hear from Property Owner or Designee/Agent — Steven Dobbs. Ct120 C- Movi rri a) ca. pp,,t bo la r) apo 10 iii_ect 40 c O& r 1(t.`,)( Qhc4 bt (a & He_ y (et 1 s31kc LoacUH spa mav( 05 PitGud r 4 t) Y OV 0 ccei;iv, s p (La pct t siott,ctc„ bt.t.4 deo, (qrr'i- CIO 0),(4 d oar aincirsl 1ccte p-e ) f • Pr r 01-D r(2 iLa C 1' JLCfl r_Lc cL 5ti S Oace 1)- 0- A 0 Max la:I- OC) 10 ot tad, s-fa r-i-e et 1-0 Cnv 1 ork.d. -rooj I t (01( Cc( ea v--)1--1 1C-( 1,itc I fl-hroctuf C C rt (-a n 4 r-c.4 A_A:1 ILL- & . L L V +1,t7c. (tr.: t) OU-(Y1Cr115 i-V-Itrt a_ et-u +0 pvovr■I'LL cLs naAlt. s-e a.,LL Sta-; t r\s)'0_,(2, (-01),oud Notri,_,Cri 1-0tio( r (ch+ not) C&v he ()yr, , p LiA)( ( 0 ar 4patc lo oa_42i.brPt -1-() Guttoi3O e s471..0 f a 114 I() kytv h 1-4.• rrt very/ 1 o icIt-For e_ 0 co.,- t‘ cti 4-1(1 /.) VCYL (ty\door ictt.4(toov) KVA,f,) r\ g50{ gto -for r L SFam J \Aets A to r-k9 — ■\:(-PCI /ASP — Spotc.ts C La,c6\.(1,c-ti U\n- pn rfa bc,u-tcLthrl rc,itAur -fruvrtuft 4- 1 1 a 34_, no book GOO-3 reodit cuppt,Ccednv-)t- • V. NEW BUSINESS - continued. A. Site Plan Review Application No. 16- 001 -TRC continued. 4. Public comments or questions from those in attendance, or submitted to the Committee Secretary. LP- ■ r . Disclosure of Ex -Parte Communications by the Committee. 1,0;(1 r2C.1 u e h eyinv rvir: v0.11 ryi, Cr, 6. a) Consideration of a motion to approve or deny the application with /without contingencies. Motion and a second offered by and to approve /deny he site plan review for converting an existing 8,279 square foot former bank building into a proposed restaurant wit1f utdoor dining as the principal use in f J addition to accessory retail and office uses, associated parking, and to request a 20 percent parking reduction, on approximately 1.858 acres, located at 1506 South Parrott Avenue, Okeechobee, FL. (U.S. Highway 441 South), Lots 1, 2, 7 and 8, of Block 28, South Okeechobee, Plat Book 1, Page 12, and Lots 3 to 6 and 9 to 12, less the South 30 feet of Lots 6 and 12, of Block 28, First Addition to South Okeechobee, Plat Book 1, Page 17, Public Records of Okeechobee County Florida, with the following conditions: Cu-/-4,4/4- 3 /1 I�0'11 ha JJ rte, n2v ' °,A i Cq2 Ca-41._ 1 4I '� . v� re Vc.-r f� PaArta Cs; bast{ c0 G 11 a 11 / ferns in by neat 4- t()ect ( scla� f dtizati- 10 Coyn bac rYjo rdl) 1141'-‘ p t n V. NEW BUSINESS - continued. B. Site Plan Review Application No. 16- 001 -TRC continued. b) Committee discussion. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT Allen Davis Montes De Oca Newell Smith APPROVED DENIED B. Site Plan Review Application No. 16- 002 -TRC, in regards to the adding a 24 by 36 foot modular building for the proposed use of an employee breakroom at Entegra Roof Tile Corporation on approximately 3.799 acres, Lot 7, City of Okeechobee Commerce Center, Plat Book 7, Page 10, Public Records of Okeechobee County Florida, and located at 1289 Northeast 91h Avenue, Okeechobee, FL. - Senior Planner. 1. Hear from Planning Staff. 1\)0 (Q pOh neE cl - a,vtcl,(izcL t( V. NEW BUSINESS - continued. B. Site Plan Review Application No. 16- 002 -TRC continued. 2. Hear from City Staff. V b D X 31to hApOlk -ar (-2,C1 ct,1(e (oc of kd do h V. NEW BUSINESS - continued. B. Site Plan Review Application No. 16- 002 -TRC continued. 3. Hear from Property Owner or Designee /Agent —Jeff Kruse. it )�c � „Id n Ge__ f I 4. Public comments or questions from those in attendance, or submitted to the Committee Secretary. 5. Disclosure of Ex -Parte Communications by the Committee. i "v C(- C1 c ^ {-(_ Pet_ D° tA) ( v7 V. NEW BUSINESS - continued. B. Site Plan Review Application No. 16- 002 -TRC continued. 6. a) Consideration of a motion to approve or deny the application with /without contingencies. Motion and a second offered by and t to prove /deny the site plan review in regards to adding a 24 by 36 foot modular building for the proposed use of an empl ee breakroom at Entegra Roof Tile Corporation on approximately 3.799 acres, Lot 7, City of Okeechobee Commerce Center, Plat Book 7, Page 10, Public Records of Okeechobee County Florida, and located at 1289 Northeast 9th Avenue, Okeechobee, FL. with the following conditions: b) Committee discussion. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT Allen Davis Montes De Oca Newell Smith ,u\, V APPROVED DENIED VI. ADJOURNMENT — Chairperson. There being no ,further items on the agenda, Chairperson adjourned the Technical Review Committee Meeting at t a.m. xo Patty Burnette From: Sent: To: Subject: McCoy, Douglas L <Douglas.McCoy @flhealth.gov> Tuesday, February 16, 2016 8:58 AM Patty Burnette RE: TRC Meeting for February 18, 2016 Original Appointment From: Patty Burnette [ Sent: Monday, February 15, 2016 5:10 PM ; David Allen; Denny Davis ( ; John Cook; Marcos Montes De Oca To: Jeff Newell; Brock Subject: TRC Meeting for February 18, 2016 When: Thursday, February 18, 2016 10:00 AM -11:00 AM (UTC- 05:00) Eastern Time (US & Canada). Where: Council Chambers 1 ); McCoy, Douglas L; Herb Smith; ); Robin Packets were placed in your mail bins today, (John Hayford and Doug McCoy your packets will be delivered tomorrow). The November 19, 2015 Minutes will be emailed to you by Wednesday. Thank you, Patty CITY OF OKEECHOBEE TECHNICAL REVIEW COMMITTEE OFFICIAL AGENDA FEBRUARY 18, 2016 CITY HALL, COUNCIL CHAMBERS 55 SOUTHEAST 3RD AVENUE OKEECHOBEE, FLORIDA 34974 I. CALL TO ORDER FEBRUARY 18, 2016, 10:00 a.m. - Chairperson. II. STAFF ATTENDANCE - Secretary. Voting Members: Non - Voting Ex- Officio Member: David Allen, Public Works Director Denny Davis, Police Chief Marcos Montes De Oca, City Administrator Jeffery Newell, Building Official Herb Smith, Fire Chief Bill Brisson, Senior Planner, LaRue Planning and Management John Cook, City Attorney John Hayford, Okeechobee Utility Authority Doug McCoy, Okeechobee County Health Department School Representative Patty Burnette, Secretary III. AGENDA - Chairperson. A. Requests for the deferral or withdrawal of items on today's agenda. IV. MINUTES — Secretary. A. Motion to dispense with the reading and approve the Minutes for the regular meeting of November 19, 2015. V. NEW BUSINESS — Chairperson. A. Site Plan Review Application No. 16- 001 -TRC, in regards to converting an existing 8,279 square foot former bank building into a proposed restaurant with outdoor dining as the principal use in addition to accessory retail and office uses, associated parking, and to request a 20 percent parking reduction, on approximately 1.858 acres, located at 1506 South Parrott Avenue, Okeechobee, FL. (U.S. Highway 441 South), Lots 1, 2, 7 and 8, of Block 28, South Okeechobee, Plat Book 1, Page 12, and Lots 3 to 6 and 9 to 12, less the South 30 feet of Lots 6 and 12, of Block 28, First Addition to South Okeechobee, Plat Book 1, Page 17, Public Records of Okeechobee County Florida, - Senior Planner. 1. Hear from Planning Staff. 2. Hear from City Staff. 3. Hear from Property Owner or Designee /Agent — Steven Dobbs. 4. Public comments or questions from those in attendance, or submitted to the Committee Secretary. 5. Disclosure of Ex -Parte Communications' by the Committee. 6. a) Consideration of a motion to approve or deny the application with /without contingencies. b) Committee discussion. 1 DEPENDENT NEWSMEDIA INC. USA Okeechobee News 1.07 SW 17th Street, Suite D Okeechobee, Florida 34974 863- 763 -3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before e this , •`R ' day of ?iiti� �t /Gi'11�(Jji • v /6 AD Notary Public, State of Florida at Large 41'P, ANGIE BRIDGES g.. : % MY COMMISSION # EE 177653 ^., .e .,;; EXPIRES: April 20, 2016 ,'F Bonded Thru Notary Public Underwriters PUBLIC NOTICE TECHNICAL REVIEW COMMITTEE MEETING NOTICE NOTICE IS HEREBY GIVEN that the City of Okeechobee Technical Re- view Committee (TRC) will conduct a regular meeting on Thu, Feb 18, 2016, at 10 AM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL. The public is invited and encouraged to at- tend. The agenda may be obtained from cityofokeechobee.com or by calling the General Services Office, 863 - 763 -3372 x218. ANY PERSON DECIDING TO APPEAL any decision made by the TRC with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testi- mony and evidence upon which the appeal will be based. 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 proceeding, 863 - 763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the TRC 6 support or opposition to any item on the agenda; a copy of the document, picture, video, or item MUST be provided to the Committee Secretary for the City's records. By: City Administrator Marcos Montes De Oca 474690 ON 2/12/2016 CITY OF OKEECHOBEE Application for Site Plan Review Page 1 of 2 Pi'(( LS-Q zr Rev. 04/11 City of Okeechobee General Services Department 55S.E.3 Avenue, Room 101 Okeechobee, Florida 39974-2903 Phone: 863 763 -3372, ext. 218 Fax: (863) 763 -1686 e-mail: ciemeut @cityofokecchobee.com Date Received — 5-- 16 � 014.4. = pc.' _ . ..:;:•:' , •f 0 S� = .'n,+.; . r+ : '� ,, .._ ..: r� * -n o, O ' ' : a S - .r: . "<::....k 6.. i , Application No. 1`� pp 167. .col- J 1 Fee Paid: `1' 1 35.74 X10- 1 053 Recei t No. f� c p 1 Hearing Date: a. 1 6 —1 to . APPLICANT INFORMATION . 1 Name of property owner(s): TD Bank , N . A 2 Owner mailing address: 1700 Horizon Way, Mount Laurel, NJ 08054 .. Name of applicant(s) if other than owner: Lightsey's Restaurant, Inc. - Raymond Arrants 4 Applicant mailing address: 399 SW 18th Street, Okeechobee, FL 34974 5 Name of contact person (state relationship): Steven L. Dobbs (Engineering Consultant) 6 Contact person daytime phone(s): (863) 824 -7644 7 Engineer: Name, address and phone number: Steven L. Dobbs eL rAnl-s 1 C' coANcasi-. nut- 1062 Jakes Way, Okeechobee, FL 34974 (863) 824 -7644 8 Surveyor: Name, address and phone number: NIA PROPERTY and PROJECT INFORMATION 9 Property address/directions to property: 1506 S Parrott Avenue, Okeechobee, FL 34972 10 Parcel Identification Number 3- 28- 37 -35- 0050 -00280 -0030 11 Current Future Land Use designation: Commercial 12 Current Zoning di��rr�ict: Commercial t1�45 . 13 Describe the project including all proposed uses, type of construction and conceptual building layout, how the business or use is expected to operate on the site, including but not limited to: number of employees expected; hours of operation; location, extent and type of any outdoor storage or sales, etc., and fire flow Layout. Use additional page if necessary. This project will modify the existing site plan and building for a Restaurant/Retail Use. 14 Describe existing improvements on property (for example, the number and type of buildings, dwelling units, occupied or vacant, etc.). Use additional page if necessary. 1 building with a drive thru, canopy, associated parking and drainage. 15 Total land area in square feet (if less than two acres): or acres: 1.68 1 c 858 cif ft'3 GLCCCt2 16 Is proposed use different from existing or prior use ( Yes) (X No) - ?,r-jtp ; Pi'(( LS-Q zr Rev. 04/11 CI'T`Y OF OKEECHOBEE Application for Site Plan Review Page 2 of 2 17 Number and description of phases: Single phase that will modify existing parking and building to support the change in use. 18 Source of potable water: OUA 19 Method of sewage disposal: OUA 'r1 no; J (Q V/ For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Rev. 04/11 ATTACHMENTS REQUIRED FOR ALL APPLICATIONS . 20 Applicant's statement of interest in property Owner 21 One (1) copy of last recorded warranty deed 22 Notarized letter of consent from property owner (if applicant is different from property owner) . ' 23 Three (3) sealed boundary and topographic, "as is" surveys of the property involved including: t . a. certified boundary survey, date of survey, surveyor's name, address and phone number `6 \ b. Legal description of site and parcel number \ \/ c. .Computation of total acreage to nearest tenth of an acre . 124 Two (2) sets of aerials of the site. 25 Eleven (11) copies of sealed site plan drawings (see attached checklist for details to be included in site plan) 26 Eleven (1 1) copies of drawing indicating facades for all buildings, including architectural elevations. ∎v2= 27 Eleven (11) copies of landscape plan, including a separate table indicating the number of trees and shrubs by type and showing both the official and common name of each type of tree and shrub. 28 Three (3) copies of sealed drainage calculations f D C h a n i e. - 0 ,d (Q j f ,; 6'C', 1 ` ` ( �� 29 Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips and level of service on all adjacent roadway links with and without the project. 30 Nonrefundable application fee: $1,000.00 plus $30.00 per acre. I 0 55. ' L[. NOTE: Resolution No. 9841 Schedule of Land Development Regulation Fees and Charges —When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the City on the application, the applicant shall pay the actual costs. NOTE: Submissions will be reviewed by the City Engineer and City Planner for aU necessary documentation. The Applicant will be notified at least 10 days prior to the TRC meeting whether or not additional information is require to proceed or if the review will be rescheduled to the next TRC meeting. Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and y resultin,g the summary denial of this application. A MaN4 A r t r W 1�, t G el 11\ 2ZZtZa i 5 _ Signature Printed Name y Date For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Rev. 04/11 tf0 ,12 C, THIS INSTRUMENT WAS PREPARED BY: Regina Nappi, Esq. TD BANK, N.A. 75 John Roberts Road, Bldg. B South Portland, ME 04106 Tax Folio Number 3- 28- 37 -35- 0050- 00280 -0030 SPECIAL WARRANTY DEED IIMIIHMMOMUMMNIM FILE 14U11 2016000431 OR IBY. 769 PG 1230 SHARON ROBERTSON, CLERK OF CIRCUIT COUR' OKEECHOBEE COUNTY, FLORIDA RECORDED 01/19 /2016 04:12:47 FM AMT $725,000.00 RECORDING FEES $44.00 DEED DOC $57075,00 RECORDED BY L Shain P9s 1250 - 1254; (5 pss) THIS INDENTURE, made this 1& _ day of fax, , 2016, between TD BANK, NATIONAL ASSOCIATION, a national banking association, whose address is 17000 Horizon Way, Mount Laurel, NJ 08054 ( "Grantor "), and ARRANTS LLC, a Florida limited liability company, whose address is 399 SW 18`1' St., Okeechobee, FL 34974 ( "Grantee "), and whose federal taxpayer identification number is: WITNESSETH THAT: Grantor, for and m consideration of the sum of Ten and No /100 U.S. Dollars ($10.00), lawful money of the United States of America, to it in hand paid by the Grantee, at or before the ensealing and delivery of these presents, the receipt of which is hereby acknowledged, has granted, bargained, sold, alienated, remised, released, conveyed and confirmed and by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee and its/his/her heirs or successors and assignees forever, the following parcel of land, situate, lying and being in the City of Okeechobee, the County of Okeechobee ("County"), State of Florida, and more particularly described as follows: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF (the "Property "). SUBJECT TO AND TOGETHER WITH, HOWEVER. THE FOLLOWING: 1. Real property taxes and assessments, for the year in which the Closing occurs and for subsequent years. 2. Zoning and other regulatory laws and ordinances affecting the Land. 3. Easements, reservations, restrictions. rights of way, and other matters of record, if any, without re- imposing the same. TOGETHER with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that it is lawfully seized of the Property hereby conveyed in fee simple; that it has good right and lawful authority to Internal 1 1 ht quality of this image is equivolknt to the quality of the Original document. and will defend the same against the lawful claims of any persons claiming by, through or under the said Grantor but against no others. [TEXT AND SIGNATURES FOLLOW] Internal IN WITNESS WHEREOF, Grantor has caused these presents to be signed in its name by its proper officers and its corporate seal to be affixed, the day and year first above written. Witnes t //e ( / / /ii.S Printed Name of Witness Wit less f' Printed Name of Witness STATE OF NEW JERSEY ) ss.. COUNTY OF BURLINGTON TD BANK, NATIONAL ASSOCIATION, a national banking association By: (. Name: Jason Title: Head bf Retail Real Estate GU (aveglia The foregoing Special Warranty Deed was acknowledged before me this /2,4A- day of �{�i12Leof9 . 2016, by Jason Laveglia, as Head of Retail Real Estate of TD BANK, NATIONAL ASSOCIATION, a national banking association, on behalf of the corporation. who ( 1/) is personally known to me, or ( ) produced as identification. Internal elaAtda Si ature of Notary Public /11O • Printed Name of Notary Public 3 YOLANDA Cli'RONE NOTARY PUBLIC OF NEW JERSEY ID i 2429722 My Commission Expires 21120 18 EXHIBIT A PARCEL 1: Lots 1, 2, 7 and 8, Block 28, SOUTH OKEECHOBEE, according to the plat thereof as recorded in Plat Book 1, Page 12, of the Public Records of Okeechobee County, Florida, and Lots 3, 4, 5, 6, 9, 10, 11 and 12, block 28, FIRST ADDITION TO SOUTH OKEECHOBEE, according to the plat thereof as recorded in Plat Book 1, Page 17, of the Public Records of Okeechobee County, Florida, LESS AND EXCEPT the South 30 feet of Lots 6 and 12, Block 28, FIRST ADDITION TO SOUTH OKEECHOBEE, according to the plat thereof as recorded in Plat Book 1, Page 17, of the Public Records of Okeechobee County. Florida. PARCEL 2: The South 132 feet of the following described parcel: Lots 1, 2, 7 and 8, Block 28, SOUTH OKEECHOBEE, according to the plat thereof as recorded in Plat Book 1, Page 12, of the Public records of Okeechobee County, Florida, and Lots 3, 4, 5, 6, 9, 10, 11 and 12, block 28, FIRST ADDITION TO SOUTH OKEECHOBEE, according to the plat thereof as recorded in Plat Book 1, Page 17, of the Public Records of Okeechobee County, Florida, LESS AND EXCEPT the South 30 feet of Lots 6 and 12, Block 28, FIRST ADDITION TO SOUTH OKEECHOBEE, according to the plat thereof as recorded in Plat Book I, Page 17, of the Public Records of Okeechobee County, Florida. PARCEL 3: The alley ways located in Block 27, SOUTH OKEECHOBEE, and in FIRST ADDITION TO SOUTH OKEECHOBEE and located in Block 28, SOUTH OKEECHOBEE and in FIRST ADDITION TO SOUTI -I OKEECHOBEE, CITY OF OKEECI- IOBEE, located between SW 15TH Street and SW 16" Street, City of Okeechobee, per the plat at Plat Book 1, Page 17 and Plat Book 5, Page 7, of the Public Records of Okeechobee County, Florida. Internal 4 FIRPTA AFFIDAVIT Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes (including Section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest by TD BANK, N.A. ( "Seller "), the undersigned hereby certifies the following on behalf of TD BANK, N.A.: 1. Seller is not a foreign corporation, foreign person, foreign partnership, foreign trust, or foreign estate (as those forms are defined in the Internal Revenue Code and Income Tax Regulations). 2. Seller is not a disregarded entity as defined in Reg. §1.1445- 2(b)(2)(iii). 3. The U.S. employer /tax identification number of Seller is: 01- 0137770. 4. The office address of Seller is as follows: 17000 Horizon Way Mount Laurel. N.1 The undersigned understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief, it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of Seller. TD BANK, N.A. Dated: -1--1 t S By: Internal Jason Lave • is Head of Retail Real Estate • �amtwr eao IOU rL R • .:l'. 0 272Pr1GE(�r7 AA st111 Halm Dud, Executed this 29th clay of August • ,'A.'D..1D 85 .1:7 Okeechobee County flrstpa►ty.t° City of Okeechobee, a municipal corporation. whorepoalofftc•°ddrwlz 55 S. E. 3rd Avenue, Okeechobee, Florida 33474 • second party: flVb,,s.•r ..d bred, tie term mete' .ace •.soeed mere' s.n 1.d.ds karate e.d sh&, Mb.. met r odw aed mix., of wasb, ..d the footman .ad ..lea• al sayonttw, wha,.. , tM eear..r , 10 Ildeills IM matzos.) Viltnesstth; That the said flat party, for and In consideration of du sum of S 10.00 in hand paid by the said second party, the receipt wh,nrof is hereby aehnowledgod, does hereby mater, re- lease and quit•clatm unto the said ee°ond party forever, all the right, hits, Infant, claim and dunand which - Ih. said fir" party has in rend -to lh. f allowing desatbed lot. piece or parosl of tared, 81°11.":111: lytng and being •the County of Okeechobee State of Florida • • ' The South 30' of Lots 6 and 12, 'Block 28, and the South 30' of, Lots 6 and_ 12, Block 27, FIRST ADDITION TO SOUTH OKEECHOBEE, according to plat thereof recorded in Plat Book 1, -Page 17, Public Records of Okeechobee. County, Florida. 173284 F1LED ;OR rEC0RO OKEECHOBE_ COUN ?Y. F1.'.: 1985 SEP -5 ?1111: 04 GLORI:\ ;u�tJ. • CLERK OF c:RcuIT i ;001iT - STATE OF FLORID/ • ,0 DOCUMEMEARYF; ;.--., STAMP TAXI .^ `r• iert.or litiEriuE .cr 4 tt_ _ SIP -5.6 • V. 5 Fi!:..: uaol vi limit and to Ulna the same together with all and singular the appurtenances !hereunto • belonging or In anywise appertaining, and an the estate. right, tide, intense, lien, "equity and claim what - ' Sasser Of the said first party, either in iani or equity.' to the only proper use, benefit and behcaf :of•the said vcond party forever. ..... ,,,",•••,:,. r,, In lianas 1Uhtreof, Th. sold first party has signed and sealed these {�rticetrl!i ehe•day. • - first above written. • '. Signed. sealed and delivered to presence of: 11''14. ''. Attest: , L, Clerk, Board of County Commissioners' et STATE OF FLORIDA eras! ettow eoaetegi jy,v:p' COUNTY of OKEECHOBEE I HEit.E8Y CERTIFY that on this day, before me, an officer duly authorized In the State aforesaid and In the County aforesaid to rate acknowledgments, personally appe1d James D. Lashley, Chairman, and Gloria J. Ford, Clerk • to ate knows to: be.. the: person 8 described In and who executed the foregoing lnitrument.{�g4•,t„]key acknowledged before me that they ' executed .the. iiigc::`` ' . 33,..1>: � iVE8S••my,4ryd;aad official seal In the County and Utiut.atb?esild'Jill 29th day of 7Aillilf3 j .t^ 't . A. D. 19 85 1 arrbltc, S.,•,n `rti'tth' n "l6LrrR 5. V6L p:rmislon EibI4 f 'tee -''., Tut hwnweirt y� ;::. Kyle S. VanLandingham Attorney 304 N.-W. 2nd St., Room 106 . Okeechobee, Florida 33472 Engineer's Report Change of Use for TD Bank to Restaurant for Lightsey's Restaurant, Inc. City of Okeechobee, Florida Prepared December, 2015 By: Steven L. Dobbs, P.E. 4 48134 Steven L. Dobbs Engineering, LLC Florida Certificate of Authorization No, 29206 1062 Jakes Way Okeechobee, FL 34974 1 Purpose: The purpose of this report is to provide the City of Okeechobee County with the calculations and documentation to demonstrate that the revised site plan for the proposed project complies with applicable City Code and LDRs. Project Description: This parcel is 1.86 acres in size and is located in Sections 28, Township 37 South, Range 35 East. It is located in the City of Okeechobee, on Highway 4415 between SW 15th and SW I6'h Street, on the following parcel (Parcel ID 3- 28- 37 -35- 0050- 00280- 0030). The site was originally developed as Riverside National Bank, TD Bank then took over, but kept the use as a bank. The current owner wishes to change the use to restaurant and retail . The site currently has a fully constructed 8,279 sf building including drive thru and canopy areas, parking area, and drainage system that discharged into FDOT's drainage system at the southeast corner of the property. No changes to the existing drainage system are proposed. Proposed Modifications: This request is for a single phase construction permit modify the site by adding additional parking and closing the drive thru lanes and convert that area to outdoor seating. Potable water and gravity wastewater will continue to be provided by Okeechobee Utility Authority (OUA) at the existing tie in locations east of the building for potable water and northeast of the building for the wastewater. An inline grease trap for the kitchen wastewater stream will be added as required by the health department. This project will incrementally increase the existing potable water demand on OUA. Drainage Considerations: As previously stated, no changes to the drainage system are proposed. Parking: Please see parking calculations attached. Since the existing parking onsite is not enough to supply all the parking for the building, the owner request the TRC to recommend to the City Council a 20% parking reduction as allowed by the City's LDRs. Construction Recommendations: Runoff and /or any water generated by short-term dewatering, if required during construction will be contained on -site. However, there is some potential for transport of sediment to off -site areas should heavy rainfall occur. In order to reduce the potential of any off -site transport of sediment or turbidity we recommend installation and maintenance of temporary silt fence inside the southerly property line in the area of the proposed paving of the existing rock road and upstream of the existing control structure until site work has been completed and the site has been stabilized. (The existing perimeter berm should prevent any potential off -site transport of sediment from other areas of the site during construction.) Conclusions: In my professional opinion, the proposed construction should have no impact to existing drainage patterns off -site and should have no impact on off -site areas. The recommendations above should be followed during and after the site work until such time as the ground surface has been adequately stabilized to prevent the off -site transport of any soil or suspended solids. The proposed design and construction will comply with applicable state and local requirements. TD Bank /Lightseys Use sf Parking Spaces Restaurant 5000 75 67 Retail 2209.3 300 7 Spaces Required 7209.3 74 Ex. Spaces Onsite 38 Pr. Space Onsite 21 59 80% Onstreet Parking 15 20% Spaces Available 74 December 22, 2015 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Subject: Lightsey's Commercial Rentals Traffic Statement Dear Reviewer: Steven L. Dobbs Engineering, LLC, has completed an analysis of the traffic generation statement for the above referenced facility. The project is converting from a bank with approximately 7,800 sf of gross floor area including drive thru to a 5,000 sf restaurant with approximately 2,200 sf of retail space. This analysis was based on a spreadsheet distributed by the Florida Department of Transportation, which is based on the Institute of Transportation Engineers (ITE) Trim Generation Manual (8th Edition). The results indicate the existing bank (ITE code 912) would generate 1,156 daily trips with 201 peak PM trips with 101 being in and 101 being out. The proposed quality restaurant (ITE code 931) will generate (from the FDOT spreadsheet) 450 daily trips with a PM Peak Total of 37 trips with 25 being in and 12 being out and the proposed supermarket (ITE code 850) will generate (from the FDOT spreadsheet) 225 daily trips with a PM Peak Total of 12 in and 11 out. The total traffic projections for the two proposed uses are 675 daily trips, 60 PM Peak with 37 in and 23 out, which is less projected traffic than the bank would generate which will cause no undue burden to the local traffic patterns. Should you have any questions or comments, please do not hesitate to call. Sincerely, Steven L. Dobbs Engineering Steven L. Dobbs, P. E. President CC: Ray Arrants File pbR,o lst n g1,8, D;13 c K ••f, S•C•• '•� IF I., � • • ` a �� CO : ai SteveilL • a��slc��4,y`�• 1062 Jakes Way, Okeechobee, FL 34974 Phone: (863) 824 -7644 Cell: (863) 634 -0194 Email: sdobbs @stevedobbsengineering.com Website: www.SteveDobbsEngineering.com E 0 L tl� N or e6 E 00 C � O as m O C 'm E 0. 2 0 8 1— z00 I� tP V N 7 O N c cu E N ro O U cU c N cu L N 0 0 • o C c O �a LL (.0 ti E 0 0 cc 43) y5 _N " 3 0 o O @ Ol c C E Q N O O Z V z... 0 o Only 2 studies Daily Trips for Saturday. Caution- Only 1 Study. I Daily Trips for Saturday. Peak Hour is PM Peak Hour. Daily Rate from 4th Edition ITE Have auto repair and service .Caution- Only 1 Study. Daily based on small number of studies (Caution) Average size = 3,000 soft Daily Trips for Saturday. Caution- Only 1 Study Caution- Only 1 Study. Similar to "Sams" or "Pace" Peak Hour is for Saturday. Peak Hour is PM Peak Hour. Caution- Only 1 Study. Peak Hour is PM Peak Hour. Daily based on 1 study & PM Peak based on 2 studies. a .+ Z 7 0 0 a a a Z Z a z a a Z 2 a Z a Z < Z a Z <<<< Z Z Z Z a Z < Z < Z < 2 < Z < 2 < 2 < 2 < 2 < z < Z < 2 < Z < Z a 2 a 2 a 2 < 2 < Z < 2 a Z o 2 C a2 O. a a 2 2 a 2 a a 2 2 a 2 a 2 a 2 < 2 < < Z Z < < Z Z < Z a 2 a 2 a 2 a Z a 2 a 2 a Z a 2 a 2 a 2 a Z a 2 a Z a 2 a Z a 2 a 2 a 2 a 2 a 2 O PM Peak Trips • Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N 7 0 2. F V T a TO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 l W' II, t a 3 0 0 M V ft o V V V M N Z V O N to N ° N O O N N m m V V W N N N m V m ? ° N O N 0 r V 0 N N ° N O N 00 N 0 N 0 N 0) aD V O N N ° N 0) a C 0 N N e- N coo cD 0 Z N o N 0 M 0 V ;,-e 0 V 0 0 N N a° N N N V M V 4. V ° N ° N m V o N o N M N o N 0 V m V o N 0 N 0 N o N m V N N o N a V m V o N PM Peak Period Rate 0.94 153.85 11.34 r N N W M CO m N N (O m O RI m N f� m N M 13.94 5.54 V N M V _ M N O V N to N m (O m N 8.9T-11 0.88 l _ 4.241 2.37 4.50 m m V CO CO M N V m 10.35 0.45 56.81. 31.54 12.12 27.41 N CO N N Rate Weekday Daily Traffic 19.52 NA Z 40.00 12.48 tt� C) M c N m N o m N 1� CO N co a> 152.84 108.00 ¢ Z 24.871 30.551 102.241 m m h M r a Z 845.60 N aD cD m M I� co o N V o OJ m N 45.04 NAI 66.40'.. co O O m o H W co <o o N NA NA o V (o . N N m cO a1 eV- 4 K5F2 Seats KSF2 KSF2 Service Bays Service Bays Y Y Employees KSF2 aaa.w N IL LL LL N Service Bays KSF2 Service Bays KSF2 KSF2 KSF2 KSF2 Y Y KSF2 Y KSF2 KSF2 Y Y KSF2 KSF2 KSF2 'KSF2 1 KSFZ o D C O „ N Y Description / ITE Code 1 Fast Food w/ Dnve Thru 934 N co c O .c 'Drinking Place 925 Quick Lube Shop 541 Automobile Care Center 942 N m m N 0 N m U m a E E 0 New Car Sales 841 1New Car Sales 841 Automobile Parts Sales 843 Gasoline /Service Station 944 Serv.Station w/ Conven.Mkt 945 Serv.Stat.w /Conv.Mkt. &Carwash 946 Self- Service Carwash 947 Tire Store 848 Tire Store 848 1Wholesale Tire Store 849 0 -6 E E Convenien. Mkt. (Open 24 hrs) 851 1Convenien. Mkt. (Open 16 Hrs) 852 1Convenien. Mkt w/ Gas Pumps 853 1Discount Supermarket 854 Wholesale Market 860 Discount Club 857 1Home Improvement Store 862 1Electronics Superstore 863 1Toy/Children's Superstore 864 Apparel Store 876 Drugstore w/o Drive -Thru 880 'Drugstore w/ Drive -Thru 881 Furniture Store 890 Video Arcade 895 'Video Rental Store 896 0) m •• 'Drive -in Bank 912 Drive -in Bank 912 N 7 O N c cu E N ro O U cU c N cu L N 0 0 • o C c O �a LL (.0 ti E 0 0 cc 43) y5 _N " 3 0 o O @ Ol c C E Q N O O Z V z... 0 o y N L N 3 CG E N O a 0) i N C a CV q o U N ti w N N W o N C 8O O O 4t O 73 12 O E a CO m Y t_ E 0 4- 0 r R E a °o C � O� ;3 n to N N 2) 0 Cm �.. E a z 0 U I- z 0 0 Notes Peak Hour is PM Peak Hour. Caution- Only 1 Study. Caution- Only 1 Study. Peak Hour is PM Peak Hour. Caution- Only 2 Studies Peak Hour is PM Peak Hour. :Peak Hour is PM Peak Hour. Peak Hour is PM Peak Hour. Peak Hour is PM Peak Hour. 1 Peak Hour is PM Peak Hour. Caution- Only 1 Study. Caution- Only 1 Study. Peak Hour is PM Peak Hour. Cautron- Only 3 Studies Low Turnover - More than 1 hour Big venation on Daily a zzzz 0 2 a a a a a zz a a zZZZ a a a a ZZzzz a a a a a zz a a z a z < z < < z z < < 1 z z < 4 z z < 4 z z < 4 z z < 4 z z 4 4 z z < 4 z z 4 < z z 4 z 4 < z z 4 4 z z < 4 z z 4 < z Z a z <1 z (0 - <1 < z z 4 4 < z z z Z C 2 M Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z N Z Z Z Z Z PM Peak Trips • Total 0 0 0 0 0 0 0 0 0 0 0 0 Z O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O (-00000 a Et 7r v2� N R 00 o ao 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000000 a m 3 o ui ° M (7 M r d 3 N )p W 0 0 a Z as N N r ip a (0 Z N s Z N a° a W W W r a W r a Z . p> M N CO a co W a 0 0i ... 0 >p 0 CO a N co 10 r .. W 0 W 0 a a W zz N a .. . a a 0. a W a o 0 0) 0 CO .. O 0 a o 0 10 0 a 00 0 8t . M 0 0 a a Z Z a a Z Z a o Z s- W a ,- N e. h M M o o M v co a a. a° M O> 0 a 0 co �... 2 r r r 0) a C a a a co 0 1010..1010.1010.10 Z W m N a r Z a Z °N a (p M M (+> (p M N a'. Z r a r .- o 0 ...•a 0 N 1- N r 0- N o a M M o aaso a Z r Z N o N M �..o ip CO ,- O r a ,,,T,„. W a ...a 0 >p 0 N- )p a aaaa.. Z Z Z 2 2 p> a p) s . r a a°• r co *a r N (O r 0 Q N 0 0 PM Peak Period Rate 12 46 0.82 4.79 7.00 T N 0.23 7.30 5.401 0.03 N a O ,- a M 0 O N a N Z O CO o 1.23 Equation pi a O a 1.40 1.72 O CO a 0 M W O N - Cr D p O t- 4.58 11.12 2.84 2.85 O) 0 r O.- 0.41 4.49 4.61 O O N 3.481 4.84' 5.05: 3.80 W ) .- 6 0.47 Equation 3.37 229 a r 0.26 11.15 a 0 M O N N 0 Rate Weekday Daily Traffic 79.26 4.48 28.13 58.09 a Z NA 56.24 52.52 0.29 O O W W V O 2.37 4.03 W 7.75 Equation W W r N M (!1 N r a 0) r 28.321 27.921, 7.75', 8.11 2.77 45.161 32.12. 53.13', 57.24 28.84 51.29 53.21 36.08 22.13 39.00 23.40 Equation 42.94 0) W N 0) % 2.86 127.15 CO 0 NU CO O a W N n V N C p KSF2 Students Employees Employees KSF2 N 0 E in 0 Y Employees Members N N 0 p'ii E 101010(00010 N N 0 43 a v E d U> 0 o 'L m E I, (n Elloyees KSF KSF2 KSFZ N W 0 p i� E W Y d T 0 '" E 'i W Y Employees K SFZ Employees KSFZ ,Employees KSF' 'Employees KSF2 Employees ,KSF Employees K SF' W 0 °- ii E ti ■ W. [(SF' :14) 0 °-ii E W. 0 W 0 p E (n W Y m N 0 (0 E (n W. N N o r:,_ i.. E v> W Y KSFZ IKSF2 v`ii Y y w u. m rn Y w m ii m m v (n ](Z (n Description / ITE Code Daycare Center 565 Daycare Center 565 Daycare Center 565 Cemetery 566 !Prison 571 0 N N c 2 p LpO. Library 590 Lodge /Fraternal Organization 591 Lodge /Fraternal Organization 591 Hospital 610 0 0 W (D m Q O O Nursing Home 620 Nursina Home 620 M ) o U Clinic 630 General Office 710 (Equation) General Office 710 Corporate Headquarters 714 Corporate Headquarters 714 Single Tenant Office Bldg 715 Single Tenant Office Bldg 715 Medical Dental Office 720 Medical Dental Office 720 Government Office Building 730 Govemment Office Building 730 State Motor Vehicles Dept. 731 State Motor Vehicles Dept. 731 US Post Office 732 US Post Office 732 Gov. Office Complex 733 Gov. Office Complex 733 R &D Center 760 R &D Center 760 Building Materials /Lumber 812 Building Materials /Lumber 812 Free - Standing Discount Superstore 813 Free - Standing Discount Store 815 Free - Standing Discount Store 815 Hardware /Paint Store 816 Hardware /Paint Store 816 Nursery (Garden Center) 817 Nursery (Garden Center) 817 Nursery (Wholesale) 818 Nursery (Wholesale) 818 Shopping Center 820 (Equation) Shopping Center 820 Rate Factory Outlet Center 823 Quality Restaurant 931 Quality Restaurant 931 High Turnover /Sit Down Rest 932 High Tumover /Sit Down Rest 932 Fast Food w/o Drive Thru 933 Fast Food w/o Drive Thru 933 yf N L N o. o s d° E C N o to d g) C d s 0 o 0 w r N > o O O Lid c o o 0 Y a E 0 L. N d !a o o m a. w d G> d Q C 0 = E 0 `t`mo czor4 U t— z00 a� c 0 c cC E a Notes N O Daily Trips for Saturday. Caution- Only 1 Study. Daily Trips for Saturday. Peak Hour is PM Peak Hour. Daily Rate from 4th Edition ITE Have auto repair and service a 65 T o e O U Daily based on small number of studies (Caution) Average size = 3,000 sgft Daily Trips for Saturday. Caution- Only 1 Study. Caution- Only 1 Study. Similar to "Sams" or "Pace" Peak Hour is for Saturday. Peak Hour is PM Peak Hour. Caution- Only 1 Study. Peak Hour is PM Peak Hour (Daily based on 1 study 8 PM Peak based on 2 studies. a j z 0 2 a a a Z z a z a a z z a z a z a z < z < < o z z z < a z z a z a z - a z a z a z a z a z a z a z a z a z a z a z a z a z 0 z a z a z a z a z zzz c 0- zzz z z z z z z z z z 0 z- z z z z z z z z z z z z z z z z 0 z PM Peak Trips - Total 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1)&00000000 to' ._ _ F � a v_ o 0 0 0 0 0 0 0 O O O N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 d , ,-i-• O ON 1- 00 m Q R. M Z Q O- (n cO N (n (n N O O N Q O) O Q N K. � O) Q O) Q (n O (n O (n r Q O (n N (n N O N N O h N N (n W Q O N (O 4) (O 0 d C 0 N M (n 0 Q 0 (O (O a M Z (n 00 O U) 00 N) M 00 W Q a O) Q g O O (n (n In o o . N (n Q a M Q i h Q o (n a° N 00 Q) Q 00 O Y) a O in e M to a O (n e 0) Q a O) Q a O to 0�. O to 0 (n 0 to g W Q a N (n g O to a° Q Q N) V a N PM Peak Period Rate m O m M N cQn 5.19 2.17 3.38 FA N m O m 0 m °M° m M M M u� v`�i N M v' Q 3.11 (°n O v N 34.57 W °m 6 0.88 4.24 co (V 4.50 V 3.83 8.42 10.351 - - -. 0.451 w (O 31.54 12.12 27.41 (n Rate Weekday Daily Traffic N .Z O) a a Z 40.00 12.48 c0 CO ) co co Q (n h CO m N N w w ' O a O z 0i O N. CO 4 N N in M 102.241 Ol M h a Z O <O Q aD N W W co h 6 41.80 29.80 45 04 NA 66.40 fp O 88.16 c0 O n NA a Z co Q 8 N N W 0 t0 P_ c D KSF2 Seats KSF2 KSF2 Service Bays Service Bays Y le m o v W Y o o : Ti- 00 a aaa, )L LL. LL. m (/) (/) KSF2 Service Bays KSF2 KSF2 Y Y KSF2 KSF2 KSF2 KSF2 KSF2 KSF2 KSF2 Y Y Y Y KSF2 KSF2 Drive -in Windows Y Description / ITE Code Fast Food w/ Drive Thru 934 Fast Food w/ Drive Thru 934 1Drive Thru Only 935 Drinking Place 925 Quick Lube Shop 941 Automobile Care Center 942 Automobile Care Center 942 1New Car Sales 841 1New Car Sales 841 1Automobile Parts Sales 843 Gasoline /Service Station 944 Serv.Station w/ Conven. Mkt 945 Serv.Stat.w /Conv.Mkt&Carwash 946 Self- Service Carwash 947 Tire Store 848 1Tire Store 848 1Wholesale Tire Store 849 1Supermarket 850 Convenien. Mkt. (Open 24 hrs) 851 1Convenien Mkt. (Open 16 Hrs) 852 1Convenien. Mkt w/ Gas Pumps 853 1Discount Supermarket 854 1Wholesale Market 860 1Discount Club 857 1Home Improvement Store 862 1Electronics Superstore 863 1Toy/Childreris Superstore 864 1Apparel Store 876 Drugstore w/o Dnve -Thru 880 1Drugstore w/ Dnve -Thru 881 Furniture Store 890 1Video Arcade 895 1Video Rental Store 896 1Walk-in Bank 911 1Drive-in Bank 912 C7, C All N cn O GO m E N a a) m GO Q to' to O U Y E � ro s O a Q c N E co ..a � 7 Y u. E O O N C 0 CO O Q N O 0 zoo 5 u zoo D SearchResults Okeechobee County Property Appraiser updated: 2/4/2016 Parcel: 3- 28- 37 -35- 0050 - 00280 -0030 « Next Lower Parcel] Next Higher Parcel » Owner & Property Info Page 1 of3 2015 Certified Values Parcel List Generator 2015 TRIM (pdf) Owner's Name ARRANTS LLC Site Address 1506 S PARROTT AVE, OKEECHOBEE Mailing Address 399 SW 18TH ST OKEECHOBEE, FL 349743447 Building Value SOUTH OKEECHOBEE (PLAT BOOK 1 PAGE 12) LOTS 1, 2, 7 & $417,911.00 8, BLOCK 28 AND FIRST ADDITION TO SOUTH OKEECHOBEE cnt: (15) (PLAT BOOK 1 PAGE 17) LOTS 3, 4, 5, 6, 9, 10, 11 & 12 BLOCK Description 28; LESS AND EXCEPT THE SOUTH 30 FEET OF LOTS 6 & 12 BLOCK 28 TOGETHER WITH THE VACATED ALLEYS IN BLOCK 28 OF SOUTH OKEECHOBEE & FIRST ADDITION TO SOUTH OKEECHOBEE NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 1.858 ACRES S/T /R 28 -37 35 Neighborhood' 518610.00 Tax strict 50 DOR Use FINANCIAL Market Code (002300) Area 40 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863- 763 -5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (2) $292,526.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (1) $417,911.00 XFOB Value cnt: (15) $208,906.00 Total Appraised Value $919,343.00 Sales History I Sale Date IBook/Pagel GIS Aerial Retrieve Tax Record Property Card Interactive GIS Map Print Search Result: 1 of 1 196 294 392 490 588 686 ft 2015 Certified Values Just Value $919,343.00 Class Value $0.00 Assessed Value $919,343.00 Exempt Value Moo Total Taxable Value $919,343.00 Show Similar Sales within 1/2 mile Fill out Sales Questionnaire 1 1 1 http://www.okeechobeepa.com/GIS/D_SearchResults.asp I Sale Price 2/4/2016 D SearchResults Page 2 of 3 Building Characteristics Bldg Sketch Bldg Item Inst. Type Sale VImp Sale Qual Sale RCode (Code List) Bldg Value 1/12/2016 769/1250 SW I U 12 $725,000.00 10/19/2015 769/1246 QC I U 11 $100.00 10/22/2010 694/47 QC I U 11 $1,100,000.00 12/7/1999 432/77 QC I U 03 $0.00 11/30/1999 431/591 PR I U 03 $220,000.00 11/5/1998 414/53 FJ I U 01 $0.00 6/3/1985 269/1887 WD V U 03 $0.00 6/2/1985 269/1534 WD V U 03 $0.00 6/1/1985 269/1334 WD V U 03 $0.00 Building Characteristics Bldg Sketch Bldg Item Bldg Desc Year Blt Heated S.F. Actual S.F. Bldg Value Show Sketch 1 BRNCH BANK (006300) 2001 6076 8279 $417,911.00 Extra Features & Out Buildings - ( Show Codes ) Code Desc Year Bit Value Units Dims Condition (% Good) BANK B RECORD VLT 2001 $8,140.00 0000228.000 0 x 0 x 0 PD (085.00) BANK C WINDOW D/W 2001 $6,120.00 0000001.000 0 x 0 x 0 PD (085.00) BANK E DRIV N LAN 2001 $65,280.00 0000004.000 0 x 0 x 0 PD (085.00) BANK D NIGHT BOX 2001 $6,120.00 0000001.000 0 x 0 x 0 PD (085.00) CONC E CURB 2001 $1,332.00 0000241.000 0 x 0 x 0 PD (085.00) Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 067SP3 SO PARROTT (MKT) 0000248.630 FF - (0000001.138AC) 1.00/1.00/1.00/1.00 $1,020.00 $253,602.00 067SP9 SO PARROTT (MKT) 0024328.000 SF - (0000000.558AC) 1.00/1.00/1.00/1.00 $1.60 $38,924.00 Okeechobee County Property Appraiser Search Result: 1 of 1 updated: 2/4/2016 I HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I FAQ I C This information was derived from data which was compiled by the Okeechobee County Prop( Appraiser's Office solely for the governmental purpose of property assessment. This informati( not be relied upon by anyone as a determination of the ownership of property or market value. warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or i interpretation. Although it is periodically updated, this information may not reflect the data curl., http:// www. okeechobeepa .com /GIS/D_SearchResults.asp 2/4/2016 Staff Report Site Plan Review Prepared for: The City of Okeechobee Applicant: Lightsey's Restaurant Inc.—Raymond Arrants Petition No.: 16-001-TRC Man,tgement Sur\ ices, Inc. 1 # F Sk-r‘ing (:(i‘ernincrirc Sin t 19ss Staff Report Site Plan Review Applicant: Lightsey's Restaurant, Inc.— Raymond Arrants Petition No.: 16- 001 -TRC GENERAL INFORMATION Owner Address Applicant Address Contact Person' 1700 Horizon Way Mount Laurel, �NJ' 08054 s; 399 SW 18th Street Okeechobee, FL 34974 Steven L. Dobbs (Engineering Consultant) LEGAL DESCRIPTION OF SUBJECT PROPERTY SOUTH OKEECHOBEE (PLAT BOOK 1 PAGE 12) LOTS 1, 2, 7 & 8, BLOCK 28 AND FIRST ADDITION TO SOUTH OKEECHOBEE (PLAT BOOK 1 PAGE 17) LOTS 3, 4, 5, 6, 9, 10, 11 & 12 BLOCK 28; LESS AND EXCEPT THE SOUTH 30 FEET OF LOTS 6 & 12 BLOCK 28 TOGETHER WITH THE VACATED ALLEYS IN BLOCK 28 OF SOUTH OKEECHOBEE & FIRST ADDITION TO SOUTH OKEECHOBEE Note: Legal description taken from Property Appraiser's website. Parcel Identification Number: 3- 28- 37 -35- 0050 - 00280 -0030 GENERAL DESCRIPTION The Applicant is proposing to modify the former 6,076 square foot TD Bank building to accommodate about 5,339 square feet of restaurant as the principal use with accessory retail and internal office use. The Application allocates the interior square footage in the following manner: Restaurant use: 3,242 square feet Internal office use: 81 square feet Retail use: 2,016 square feet Total 5,339 square feet However, there remains a discrepancy of 737 square feet between the total indoor square footage above and the 6,076 square feet of heated space referenced in Mr. Dobbs email of February 5th In addition, the Applicant is proposing to convert the former drive -thru banking area to 1,686 square feet of outdoor dining for a total of 4,928 square feet of restaurant space. 1 Staff Report Site Plan Review Applicant: Lightsey's Restaurant, Inc.— Raymond Arrants Petition No.: 16- 001 -TRC Characteristics Existing Future Land Use Commercial Zoning District CHV Use of Property Vacant, Former TD Bank Land Area 1.85 acres Proposed Commercial CHV Lightsey Restaurant with accessory retail and internal office use 1.85 acres ADJACENT FLUM CLASSIFICATIONS, ZONING, AND EXISTING LAND USE Future Land Use North: Zoning District Existing Land Use Future Land Use East Zoning District Existing Land Use Future Land Use South Zoning District Existing Land Use Future Land Use West: Zoning District Existing Land Use Commercial CHV Retail Commercial CHV Retail and Church Commercial CHV Brahman Theater Commercial CHV Library The graphics on pages 9, 10 and 11 show the Future Land Use and Zoning designations and existing land uses for the subject and surrounding properties Following is the Staff analysis of the project's consistency with the various City requirements and regulations. Instances where the Staff believes the submission to be deficient are highlighted. 2 Staff Report Site Plan Review Applicant: Lig htsey's Restaurant, Inc.— Raymond Arrants Petition No.: 16- 001 -TRC ADEQUACY OF PUBLIC FACILITIES POTABLE WATER AND SANITARY SEWER. The site is provided potable water and sewer service by Okeechobee Utility Authority (OUA). The demand for potable water and sewer service associated with the uses described previously are expected to exceed that associated with the former bank use. The Applicant should obtain a letter from OUA confirming that it has adequate capacity to provide service for the proposed use. SOLID WASTE DISPOSAL. On a number of occasions, the County has confirmed a considerable level of excess capacity available to serve the solid waste disposal needs of other developments in the City. It appears reasonable that the volume of solid waste associated with a development of this size can also be accommodated within the capacity of the County's Solid Waste Facility. DRAINAGE. The Applicant has provided no calculations as to the extent of pervious and impervious surface and, while the Applicant has proposed a slight increase in the extent of impervious surface as a result of the conversion of some grassed area into parking spaces, he has stated that there will be no changes to the drainage system. Nevertheless, later discussion will show that it is likely that additional pervious area may need to be converted to parking, in which case the Applicant will need to provide the current and proposed extents of pervious and impervious surfaces. TRAFFIC, INGRESS AND EGRESS TRAFFIC GENERATION The Applicant has calculated the likely traffic generation of the proposed mix of uses based on ITE's 8th Edition Trip Generation Report. It is apparent that the proposed uses will generate considerably less traffic than that calculated for the former TD Bank. Consequently, we agree that there will be no increase in peak hour traffic as a result of the proposed use. INGRESS AND EGRESS Ingress and egress for indoor dining patrons will be afforded via the main two -way driveways on SW 15th and SW 16th Streets. While patrons of the outside dining area will be able to access the area via either driveway, only those patrons parking in the first three parallel spaces and the five spaces on the north side of the outside dining area will be able to exit via the main driveways as well as the one -way driveway onto SW 16th Street. Patrons parking in the spaces on the south side of the outside dining area would have to exit via the one -way driveway. 3 Staff Report Site Plan Review Applicant: Lightsey's Restaurant, Inc.— Raymond Arrants Petition No.: 16- 001 -TRC PARKING AND INTERIOR CIRCULATION, LOADING ZONE, AND DUMPSTER PARKING NEED BASED ON THE PRELIMINARY FLOOR PLAN Normally the interior floor plan of a proposed use is not a substantive issue. However, in the case of a restaurant with an accessory retail operation it is particularly important to have a defined floor plan and an explanation of how the principal and accessory uses will operate because of the dramatic difference in the parking requirements. Specifically, one space is required for each 75 square feet of restaurant floor area, but just one space per each 300 square feet of accessory retail and /or interior office space. In the Applicant's original submission, 5,000 square feet were allocated to the indoor and outdoor dining areas, 2,209.3 square feet were allocated to the retail component (including the internal office) for a total of 7,209.3 square feet of floor area Using the above referenced parking standards, the Applicant showed a need for 74 spaces. Because the "preliminary Floor Plan" submitted with the Application did not identify which areas were allocated for restaurant use and which were devoted to the retail use, I asked for a layout and calculation for each type of use. Apparently this had not been done previously and someone must have used a "seat of the pants" approach to determine the square footage of each component. Later that day received a floor plan with the retail and indoor dining identified. [Please see Attachment 1 in the Appendix.] The table below shows the Applicant's allocation of space within the building, the additional outdoor dining space, and the resulting number of parking spaces required. USE Square Parking factor Parking Outside 1,686 One space /75 22.48 Indoor 3,242 One space /75 43.23 Internal 81 One space /300 0.27 Retail 2,016 One space /300 6.72 TOTAL 7,025 73 After reviewing the above revised preliminary floor plan, I seriously question allocating, to the retail component, almost the entire area from the kitchen to the first restaurant tables, including the host station area. Most of this area will be used in greeting and directing the restaurant patrons and by the serving and busing staff in bringing and returning the meals and dishes back and forth between the kitchen to the tables. Similarly, the Applicant allocates one of the bathrooms at the far end of the dining area to the retail component. Both restrooms should be considered part of the restaurant rather than one being shown as retail space. After all, even if there were no retail space a restaurant would need men's room and a ladies' room. 4 Staff Report Site Plan Review Applicant: Lightsey's Restaurant, Inc.— Raymond Arrants Petition No.: 16- 001 -TRC The Applicant's allocation, in my opinion, is not rational and results in an understatement of the indoor restaurant area and the parking need associated with the indoor dining component. In order to arrive at a more realistic assessment of the parking need, we have prepared a sketch which allocates to the restaurant both bathrooms, all of the area from the entrance and throughout the restaurant, and about a nine -foot wide corridor for the servers and bus staff to travel between the kitchen counter and the dining area. This sketch is provided as Attachment 2 in the Appendix. Please note that the sketch only shows the area from the entrance down to the kitchen and only includes calculations (in red) for the retail area. The balance of the area within the building is devoted to the indoor restaurant. We do not claim this arrangement to be the most desirable or even the most practical; but, based on the locations of the retail and dining areas proposed by the Applicant, it more accurately reflects the amount of space that should be allocated to each of the uses. The result of this re- allocation is that the area devoted to retail use is reduced to about 1,192 square feet and the indoor dining area is increased to about 4,147 square feet. Consequently, the number of required parking spaces should be 79 rather than the 73 resulting from the Applicant's allocation of retail and restaurant space, as calculated in the table below. USE Square Feet Parking factor Parking Req'd Outside dining 1,686 One space /75 sq. ft. 22.48 Indoor dining 4,147 One space /75 sq. ft. 52.29 Internal office 81 One space /300 sq. ft. 0.27 Retail 1,111 One space /300 sq. ft. 3.70 TOTAL 7,025 79 As can be seen, we believe that the actual parking requirement for uses as proposed in the site plan and properly allocated would require as many as six more spaces than contemplated in the current submission. The end result is that until a final, detailed floor plan is submitted, we cannot determine the actual parking requirement. Without a firm handle on the parking situation, it is impossible to evaluate and approve a site plan. Nevertheless, we have reviewed the site plan as submitted with respect to its consistency with aspects other than the allocation of interior space and the number of required parking spaces. PARKING SPACES – LOCATIONAL CONSIDERATIONS There are presently 37 parking spaces on the property. To address the additional parking required by the proposed change in use, the Applicant is proposing to add 14 new angled or 90 °spaces, 6 new parallel spaces along the western internal drive aisle, and two new spaces in one of the former drive -up lanes. This would increase the number of off - street parking spaces to 59, four of which are designated for the 5 Staff Report Site Plan Review Applicant: Lightsey's Restaurant, Inc.— Raymond Arrants Petition No.: 16- 001 -TRC handicapped. The Applicant is also requesting a favorable recommendation for approval to use existing on- street parking along SW 2nd Avenue to count towards the remaining 14 needed parking spaces to reach the 73 required under the Applicant's allocation of interior floor space. a. Parallel parking spaces While the LDRs have no specific dimensional requirements for parallel spaces, the Site Plan shows six parallel spaces along the right side of the westernmost drive aisle. These spaces are 10 feet wide and 22 feet long. These dimensions meet the standard parking space requirement and provide another four feet for maneuvering. This is a configuration typically found to be adequate. However, the three southernmost parallel spaces are located in such a manner as to inhibit free and convenient passage by vehicles, particularly emergency service vehicles and other large vehicles. b. Two spaces in former drive thru lane The two north -south oriented parking spaces are shown in what used to be a bank drive -thru lane. The first space is a direct pull -in parking space but the distance between it and the third parallel space is just about 17 feet. The more southerly space of the two spaces in the former drive -thru lane, however, would essentially qualify as a parallel space in that if another car were in the first space, the occupant of the space closest to the outdoor dining section would have to perform a parallel parking maneuver to exit. In fact, if the first space were occupied and the southerly space vacant, it would take a parallel parking maneuver to access the space. There is a five -foot space provided in front of the southerly space to provide for this maneuver. However, the location of these spaces is a contrived configuration and they are only placed there in an effort to meet the required number of parking spaces without consideration to their safe and convenient location. c. New spaces on west side of building The location of the southernmost space under the north overhang of the outdoor dining area is questionable. In order to back out of the space and head north to exit it will have to back further under the overhang and, even if there is adequate back - out space, will spew exhaust fumes into the dining area. Similarly, it is not clear that the first parking space just west of the building and south of the outdoor dining area has sufficient space to the north, under the outdoor dining overhang to perform the back -out maneuver to head south to the one -way exit drive. If there is adequate space, this will also result in spewing exhaust fumes into the outdoor dining area. We believe both of these spaces are at best questionable. 6 Staff Report Applicant: Lightsey's Restaurant, Inc.— Raymond Arrants Site Plan Review Petition No.: 16- 001 -TRC LOADING ZONE The loading zone is proposed to be located in what used to be the driveway connecting the drive - through area of the bank to the parking lots at the south and west areas of the property. In the proposed configuration, the loading zone would be accessed from the main entrance drive on SW 16th Street and the parking aisle serving the south parking lot. If there are cars in some or all of the parking spaces south of the building, the vehicle in the loading zone would have to back up about 100 feet in order to reverse direction and exit onto SW 16th Street. This is not an acceptable situation. The only safe way to exit the loading zone would be to back out into the parking area, reverse direction and head toward the exit drive. This is also unacceptable; required parking spaces should not need to be used for a vehicle to safely exit a loading zone. We believe this is not a proper location for the required loading zone. Rather, we suggest that the two spaces in the parking lot to the west should not serve as parking spaces, rather they should remain vacant providing a vehicular route from the parking lot to the primary two -way drive to SW 16th Street. The area shown as the loading zone could then be accessed via the 15th Street driveway and exit via the 16th Street driveway. The loading zone could be merely striped so that, when not in use for loading or unloading, it could serve its original purpose of connecting the two vehicular service areas and providing a loop system of internal circulation. DUMPSTER LOCATION The dumpster is located in the same location as it was for the former bank, at the southwest corner of the parking lot just south of the proposed outdoor dining area. Access is provided via the driveway off SW 15th Street, passing under the overhang of the outdoor dining area. Egress will be via a backup maneuver then out the western 12 -foot driveway to SW 16th Street. While it may be that the proposed lone parallel parking space just north of the dumpster will be occupied, if it is, the back out maneuver would likely be cumbersome. We have previously stated that this parallel parking space is not acceptable. If removed, the dumpster location will work fine. COMPARISON OF PROPOSAL WITH DIMENSIONAL STANDARDS, CHV ZONING Minimum Parcel Size and Width, Setbacks, Lot Coverage, Impervious Surface Coverage and Landscaping Requirements: Since the use is being introduced into an existing building with no external modification to the building and no significant increase in impervious surface coverage, none of the above requirements need be considered. However, if the floor plan is changed, as we believe necessary to accurately reflect the extent of the space used in the indoor dining operations, more parking spaces will be needed and impervious surface calculations will be necessary. Staff Report Site Plan Review Applicant: Lightsey's Restaurant, Inc.— Raymond Arrants Petition No.: 16- 001 -TRC REQUEST TO USE EXISTING ON- STREET PARKING Depending on the actual configuration of the indoor uses and subsequent parking requirement, the Applicant is requesting the use of most or all of the 16 parking spaces along the east side of SW 2nd Avenue. It is our understanding that these on- street spaces have been provided to accommodate anticipated peak periods of usage by visitors to the library, either now or perhaps in the future. Aside from the obvious fact that the proposed use of the subject property has been expanded to the point that the required parking cannot be accommodated onsite without additional work and expense, the Applicant has provided no documentation, explanation or support for the request to use public on- street parking to meet its private parking needs. The subject property is a large site and adjustments should first be made on the property to accommodate the needed parking. The use of the former drive -thru area as outdoor dining alone encompasses 1,686 square feet and requires 22 parking spaces. Depending on the allocation of the indoor space, the outdoor dining area will represent between 40% and 52% of the total restaurant area. This greatly contributes to the intensification of the site. RECOMMENDATIONS As stated before, without detailed floorplan of the proposed uses that accurately reflects the extent of floor area that is associated with each proposed use, parking requirements cannot be determined. As we all know, parking is one of the most significant components of a site plan. Without an accurate account of the needed parking we cannot conclude that any site plan meets the City's Land Development Regulations. We have identified a number of deficiencies the correction of which would essentially require the submittal of a new site plan. Based on the foregoing analyses, we recommend that the site plan as submitted be rejected and the Applicant be directed to prepare a new site plan based on the directives and guidance provided by the TRC. Submitted by: Wm. F. Brisson, AICP Planning Consultant February 10, 2016 TRC Hearing date: February 18, 2016 aar;c�xncrt 8 Staff Report Site Plan Review Applicant: Lightsey's Restaurant, Inc.— Raymond Arrants Petition No.: 16- 001 -TRC FUTURE LAND USE MAP Lightsey Restaurant & Environs Subject Property COMPREHENSIVE PLAN LAND USE ^S:hC -i.E F?J LY -14J111 - FAMILY CERCIA,L. INDti$7RiAL P EILIC FAC?L.fTIES RESIDENTIAL MVXED.. .JOE Staff Report Applicant: Lightsey's Restaurant, Inc.— Raymond Arrants Petition No.: 16- 001 -TRC Site Plan Review ZONING MAP Lightsey Restaurant & Environs Subject Property 2� ZONING al canr -“E*wv .. in CIS- _: , dm ttiif q E ; Z ?NTIAI. UuLTIFA4 !Wm - ftE5t0EaTtAt. !.101bi*E ",04$E 10 Staff Report Site Plan Review Applicant: Lightsey's Restaurant, Inc.— Raymond Arrants Petition No.: 16- 001 -TRC AERIAL PHOTOGRAPH Lightsey Restaurant and Surrounding Land Uses Staff Report Applicant: Lightsey's Restaurant, Inc.— Raymond Arrants Site Plan Review Petition No.: 16- 001 -TRC APPENDIX Srrtin ✓. FEutula L jI GtACTItflRyfi% tiincr 1008 12 CITY OF OKEECHIOBEE Application for Site Plan Review Page 1 of 3 Rev. 10/14 Op'QK �� P fi ` r-m� "° i 'n� `: „ ✓ ,.- r-, la s .; �Q� City of Okeechobee General Services Department 3rd SSS.G.3 Avenue Room .101 Okeechobee, Florida 34974 Phone: (863) 763 -3372, ext. 218 Fax: (863) 7631686 E -mail: pburnette acitvofokeechobee.com Date Received t / CI Ito Application No. %%o 6 I TIZ( } 2 �r Fee Paid: 1' t 1187 Jul `i �� Receipt No. L { T C. `�� 1 v. = - - � � Hearing Date:, —1 p `S• . •��i,' �; APPLICANT INFORMATION 1 Name of propertyowner(s): &y%E li26 /f€Ir� /� �-r1Lst—' 2 Owner mailing address: /2.8 g NE. 9 AvE oKEEc ,3t 1? 3 'f 7 Z 3 / Name of applicant(s) if other than owner: 4 Applicant mailing address: 5 �1 Name of contact person (state relationship): 1i �Q�S4 earnn/NAa S .s.,A/191emew'T 6 Contact person daytime phone(s):6 --m 3) 8,29, /2..2( J /fir C d. Rao /6-. number: 7 Engineer: Name, address and phone 8 Surveyor: Name, address and phone number: PROPERTY and PROJECT INFORMATION 9 Property address /directions to property: (29 9 At. E. 9 /4 A1/E oec c g FL. 351972- 10 Parcel Identification Number 3 -/r--37-3C-6b20 00000-0070 11 Current Future Land Use designation 12 Cun-ent Zoning district: n `6 Describe the project including all proposed uses, type of construction and conceptual building layout, how the business or use is expected to operate on the site, including but not limited to: number of employees expected; hours of operation; location, extent and type of any outdoor storage or sales, etc., and fire flow layout. Use additional page if necessary, /4 D3 i1/ y Iii of 9 x 36 %�%% 0 v!�arm_ &e /Li N, � eE LL 5 z L A's 4 Ritislie 4c pil ,o/ yee 5. 13 14 Describe existing improvements on property (for example, the number and type of buildings, dwelling units, occupied or vacant, etc.). Use additional page if necessary. "!A9- 15 Total land area in square feet (if less than two acres): or acres: 10. btu:, 16 Is proposed use different from existing or prior use ( Yes) (No) Rev. 10/14 CITY OF OKEECHIOBEE Application for Site Plan Review Page2of3 For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Rev. 10/14 Number and description of phases: 20 17 (• - !^157)* LLB %I G »Q4/,✓6 C fin e�vF 5 AtevAS) , oxfo -r":9 e',4;,,,r / !�/ c1 rt31- 4 Hedge's, Abd 18 Source of potable water: /„.94. 23 19 Method of sewage disposal: " f/At Two (2) sets of aerials of the site. // e0,64 -4. ,?S JJG For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Rev. 10/14 ATTACHMENTS REQUIRED FOR ALL APPLICATIONS 20 Applicant's statement of interest in property 21 One (1) copy of last recorded warranty deed 22 Notarized letter of consent from property owner (if applicant is different from property owner) 23 Three (3) sealed boundary and topographic, "as is" surveys of the property involved including: a. Certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description of site and parcel number . c. Computation of total acreage to nearest tenth of an acre 2IZEd /Ol4 5/ 24 Two (2) sets of aerials of the site. // e0,64 -4. ,?S JJG Eleven (11) copies of sealed site plan drawings (see attached checklist for details of items to be included) Eleven (11) copies of drawing indicating facades for all buildings, including architectural elevations. .Z'r Eleven (11) copies of landscape plan, including a separate table indicating the number of trees and shrubs by type and showing both the official and common name of each type of tree and shrub. 28 Three (3) copies of sealed drainage calculations 6 V G N ch re d D 29 Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.r peak hour trips and level of service on all adjacent roadway links with and without the project. 11 A. u Ai CAA", 30 Nonrefundable application fee: $1,000.00 plus $30.00 per acre. $/329 NOTE: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges — When the cost for advertising, publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the City on the application, the applicant shall pay the actual costs. NOTE: Subrnissions will be reviewed by the General Services Coordinator and City Planner for all necessary documentation. The Applicant will be notified at least 10 days prior to the TRC meeting whether or not additional information is required to proceed or if the review will be rescheduled to the next TRC meeting. Confirmation of Information Accuracy 1 hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or rnisleading information may be punishable by a fine of up to $500.00 an. mpri c ment of up to 30 days and may result in the summary denial of this application. S Printed Name Dat For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Rev. 10/14 GNTEGF2A R O O F T I L E January 21,2016 Entegra Roof Tile, LLC 1289 NE 9th Ave Okeechobee, FL 34972 Dear Clerk of Circuit Court; This letter serves as consent for Entegra Roof Tile to install a modular building at 1289 NE 9th Ave Okeechobee, FL 34972 for the purpose of an Employee Breakroom. Kind Regards, Mike JohAkon CEO Entegra Roof Tile Okeechobee, LLC 1289 NE 96 Avenue — Okeechobee, FL — 34972 • Ph: 863.461.0042 • Fax: 863.467.0045 www.entegra.com D SearchResults Okeechobee County Property Appraiser updated: 1/21/2016 Parcel: 3- 15- 37 -35- 0020 - 00000 -0070 « Next Lower Parcel, Next Higher Parcel » Owner & Property Info Page 1 of 3 2015 Certified Values Parcel List Generator 2015 TRIM (pdf) Owner's Name ENTEGRA ROOF TILE CORPORATION Site Address 1289 NE 9TH AVE, OKEECHOBEE Mailing Address - OKEECHOBEE 1289 NE 9TH AVE OKEECHOBEE, FL 34972 Description p CITY OF OKEECHOBEE COMMERCE CENTE=31-9 7 & THE SOUTH 40 FEET OF LOT 6& ALL OF LOTS8 NOTE: This description Description for th is not to be used as the Legal parcel in any legal transaction. Land Area X10.816 ACRES , S /T /R 15- 37 -35 Neighborhood 618682.00 Tax District 50 DOR Use Code LIGHT MANU (004100) Market Area 40 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863- 763 -5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (1) $353,683.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (2) $902,974.00 XFOB Value cnt: (14) $552,483.00 Total Appraised Value $1,809,140.00 Sales History Retrieve Tax Record Property Card Interactive GIS Map Print Search Result: 46 of « Prev 52 Next » GIS Aerial y..... ma w .� 270 540 810 1350 1620 1890 ft Just Value Class Value Assessed Value Exempt Value tJ,�u wto, ! ! 3 •il�l + * $0.00 Total Taxable Value $1,809,140.00 Show Similar Sales within 1/2 mile Fill out Sales Questionnaire Sale Date Book/Page Inst. Type Sale VImp Sale Qual Sale RCode (Code List) Sale Price http://www.okeechobeepa.com/GIS/D_SearchResults.asp 1/21/2016 D SearchResults Page 2 of 3 8/17/2005 573/1804 WD V U 02 (Multi - Parcel Sale) - show $3,025,300.00 7/18/2005 570/1192 WD V U 02 (Multi - Parcel Sale) - show $16,800.00 7/22/2004 537/1525 WD V U 02 (Multi - Parcel Sale) - show $100,000.00 10/1/1979 231/716 WD V Q 0 x 0 x 0 $379,000.00 Building Characteristics Bldg Sketch Bldg Item Bldg Desc Year Blt Heated S.F. Actual S.F. Bldg Value Show Sketch 1 OFFICE (004900) 2005 4624 4832 $154,445.00 Show Sketch 2 WH BLDG (008400) 2005 50352 54152 $748,529.00 Extra Features & Out Buildings - ( Show Codes ) Code Desc Year Blt Value Units Dims Condition (% Good) CONC B COM SLB WL 2005 $3,025.00 0001561.000 0 x 0 x 0 PD (085.00) CONC 1 6" CONC 2005 $98,310.00 0038096.000 0 x 0 x 0 PD (085.00) LNQ1 LGHT QURZ 2005 $4,320.00 0000020.000 0 x 0 x 0 PD (090.00) CONC E CURB 2006 $10,373.00 0001773.000 0 x 0 x 0 PD (090.00) CONC G RAMPS 2006 $5,396.00 0001840.000 0 x 0 x 0 PD (085.00) Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 067CI1 CITY IND (MKT) 0000010.816 AC 1.00/1.00/1.00/1.00 $32,700.00 $353,683.00 Okeechobee County Property Appraiser « Prev Search Result: 46 of 52 Next » updated: 1/21/2016 1 HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I F A 0 1 C This information was derived from data which was compiled by the Okeechobee County Prop( Appraiser's Office solely for the governmental purpose of property assessment. This informatic not be relied upon by anyone as a determination of the ownership of property or market value. warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or i interpretation. Although it is periodically updated, this information may not reflect the data cure in the Property Appraiser's office. The assessed values are NOT certified values and therefor( subject to change before being finalized for ad valorem assessment purposes. Notice: Under Florida Law, e-mail addresses are public record. If you do not want your e-mail address response to a public- records request, do not send electronic mail to this entity. Instead contac by phone or in writing. http:// www. okeechobeepa .com /GIS/D_SearchResults.asp 1/21/2016 Detail by Entity Name FLORIDA DEPARTMENT OF STATE } 1VISION OF C ORPORATIONS Detail by Entity Name Page 1 of 2 Florida Profit Corporation ENTEGRA ROOF TILE CORPORATION - POMPANO Filing Information Document Number J21480 FEI /EIN Number 59- 2689460 Date Filed 06/27/1986 State FL Status INACTIVE Last Event VOLUNTARY DISSOLUTION Event Date Filed 04/28/2009 Event Effective Date NONE Principal Address 1289 NE 9TH AVENUE OKEECHOBEE, FL 34972 Changed: 03/05/2008 Mailing Address 1289 NE 9TH AVENUE OKEECHOBEE, FL 34972 Changed: 03/05/2008 Registered Agent Name & Address ZUMMO, ROSEMARIE 1289 NE 9TH AVENUE OKEECHOBEE, FL 34972 Name Changed: 04/23/2001 Address Changed: 03/05/2008 Officer /Director Detail Name & Address Title PD DEYARMOND, JAMES http: // search. sunbiz. org / Inquiry / CorporationSearch /SearchResultDetail ?inq... 1/21/2016 Detail by Entity Name 1289 NE 9TH AVENUE OKEECHOBEE, FL 34972 Title D JOHNSON, TERRY 1289 NE 9TH AVENUE OKEECHOBEE, FL 34972 Annual Reports Report Year 2006 2007 2008 Filed Date 04/20/2006 04/23/2007 03/05/2008 Document Images 04/28/2009 - D3/O5/2O8B- 04/2S/2OO7- 04/20/2006 - 04/28/2005 - 04/27/2004 04/09/2003 04/10/2002- 04/23/2001 - 08/02/2000 - 04/12/2000 - 03/02/1999 - 05/20/1998 - 06/25/1997 - 01/27Y1997- 08/28/1996 - 04/29/1996 - 05J3O/1395 VoimntmryDisauution ANNUAL REPORT - ANNUAL REPORT -AQNUALREPORT - ANNUAL REPORT - ANNUAL REPORT - ANNUAL REPORT - ANNUAL REPORT -ANHUALREP(]RT - Req. Agent Change - ANNUAL REPORT - ANNUAL REPORT - ANNUAL REPORT - AMENOMENT AND NAME CHANGE -ANNUALFlEPORT -ANNUALREPQRT -ANNUALREPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Page 2 of 2 htrn: .m`b' .^rp/DqUir`/C '0DSe pxrrhRe |o' _ )/7�/70}� ^ This Instrument Prepared By / Return To: Lawrence E. Crary, III, Esquire CRARY, BUCHANAN, BOWDISH, BOVIE, BERES, ELDER & THOMAS, CHARTERED 555 S.W. Colorado Avenue, Suite 1 Post Office Drawer 24 Stuart, Florida 34995 -0024 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII FILE NUM 2005018177 0R B K 00573 PG 1804 SHARON ROBERTSON? CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY FL RECORDED 08/19/2005 10 :24:43 AM RECORDING FEES 10.00 DEED DOC 21,177.10 RECORDED BY L Rucks WARRANTY DEED (from Corporation) THIS WARRANTY DEED, Made and executed the 11tD.day of August, 2005, by OKEECHOBEE COMMERCE CENTER, L.L.C., a Florida limited liability company, existing under the laws of Florida, and having its principal place of business at 3553 SE Doubleton Avenue Stuart, FL 34997, hereinafter called the grantor. to ENTEGRA ROOF TILE CORPORATION - OKEECHOBEE, a Florida Corporation, whose post office address is 819 S. Federal Highway, Suite 300, Stuart, FL 34994, hereinafter called the grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee, all that certain land situate in Okeechobee County, Florida, to -wit: Subj subs and bu Lots a rdin eec South 40.00 feet of Lot 6, CITY OF OKEECHOBEE COMMERCE CENTER, r plat thereof as recorded in Plat Book 7, Page 10, Public Records of rida. EL ID NO. 37 -35- 0020 - 00000 -0070 t to: r ent th ' g codes and rictions, reservati ons, and easements of record; taxes for 2005 and the years nd governmental regulations, including without limitation, zoning Together with all urtenances thereto belonging or in anywise appertaining. To Have and to H And the grantor here good right and lawful authority the same against the lawful claims aid • -ntee • land• whoms., In Witness Whereof the grantor has cause be hereunto affixed, by its proper officers thereunt Signed, sealed and delivered in our presence: at it is lawfully se at it - . y • warr ever; - • that sal• and is d of said land in fee simple; that it has is the title to said land and will defend ree of all encumbrances. cute• n it d y= • r first CEN any and its corporate seal to itten. L,o...oreAce E. Gnary7ICl, Witness [PRINT NAME OF WITNESS] RINT NAME 0 Witness TNESS] b✓. Le- _ Dc6.6: �S By: R Its: M STATE OF FLORIDA COUNTY OF MARTIN The foregoing instrument was acknowledged before me this jaNday of August, 2005, by ROBERT MEYER, as Manager of OKEECHOBEE COMMERCE CEDt'TER, L.L.C., a Florida limited liability company, on behalf of the company. He (PLEASE CHECK ONE OF THE FOLLOWING) Is personally known to me, or ID has produced (TYPE OF IDENTIFICATION) as Identification. Zity 1.� (Print Name) NOTARY PUBLIC, State of Florida Commission Number: My Commission Expires: (SEAL) Virtual rendering of complete install 61k -1(.1 - v(29 AMENDMENT TO DECLARATI • N of Protective Covenants, Restrictions, Res - rvations, Servitudes and Easements Affecting OKEECHOBEE COMMERCE CEN ER THIS DECLARATION of amendment to protective covenants and restrictions heretofore filed by the City of Okeechobee, Florida aff cting the OKEECHOBEE COMMERCE CENTER found at O.R. Book 530, Page 1.52 et. seq. public records, Okeechobee County, Florida WITNESSETH: WHEREAS, Declarant is the owner of certain real prop rty located OKEECHOBEE COMMERCE CENTER within the City of Okeechobee, Florida per plat thereof at Plat Book 7, Pages 10 -14, public records, Okeechobee County, Florid and WHEREAS, it is necessary from time to time to addr:ss the previously recorded protective covenants and restriction filed of records for this pia ed commerce center, which is within the discretion of Declarant through the City Council '. r the City of Okeechobee, o T m Florida; and :,). WHEREAS, at a duly advertised public meeting on July 7, 2005 the City Council for the City of Okeechobee, Florida approved by majority vote a measure to amend the previously filed and recorded protective covenants and restr ctions which is in the best interests of the City and which serves a public purpose; NOW, THEREFORE, Declarant does declare that th protective covenants and restrictions recorded at O.R. Book 530, Page 1952 et. seq. p blic records Okeechobee, County, Florida, are hereby amended in the following respect Page 1 of 2 THAT Paragraph II. Construction Uses Permitted and Prohibited. Section I. PLANNED INDUSTRIAL, RESEARCH AND DEVELOPMENT. E. pertaining to Height Restrictions within the Okeechobee Commerce Center are hereby rescinded and deleted from said declarations, with the effect that all height restrictions and related issues within the Commerce Center shall hereafter be regulated and permitted according to the City of Okeechobee Land Developments Regulations pertaining to Industrial Zoning Category and Uses. IN WITNESS WHEREOF the Delcarant has signed an sealed this amendment to declaration on the 8"' day of June, 2005. .ATTEST: er, Al1 LATIzi -A 0 Ar; Lan Gamiote., CMC City Clerk Okeechobee City Council For City of Okeechobee, Florida :Jams s E. Kirc, Mayor '`City of Okeechobee APPROVED AS TO FORM AND LEGAL SUFFICIENCY: PLg CeiA John R. Cook City Attorney Page 2 of 2 IItllh�i1�►►►��HhIII��►�I�►►� hIIII►►►► ►►�►►►►►►►i►►JJIJ FILET 2004008481 OR BI'. 00530 PG .19.52 DATE: 05/07/2004 04 :25:08 F SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDING FEES 96.00 RECORDED BY 11 Anuez DECLARATION of Protective Covenants, Restrictions, Reservations, Servitudes and Easements Affecting OKEECHOBEE COMIVIERCE CENTER 1 'HMS DECLARATION is made by City Council City of Okeechobee, Florida, (hereinafter referred to as "Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of certain . real property located at OKEECHOBEE COMMERCE CENTER in the City of Okeechobee, State of Florida, and WHEREAS, the real property is more particularly described by the plat thereof; incorporated herein, as recorded at Plat Book 7, Pages 10 - 14, Public Records Okeechobee County, Florida..., WHEREAS, Declarant is desirous of subjecting certain real property to the protective covenants, restrictions, reservations, servitudes, and easements hereinafter set forth, each and all of which is and are for the benefit of said property and of each present and future tenants thereof, or any part thereof. WHEREAS; the purpose of these Covenants and Restrictions is to establish uniform standards of development quality for Light Industrial, Commercial, Research, and Office Park known as OKEECHOBEE COMMERCE CENTER. NOW 'THEREFORE, Declarant does declare that certain real property be subject to the covenants, restrictions, reservations, servitudes and easements hereinafter set forth as follows: PARAGRAPH 1: Definitions, Property Rights, Covenants for Maintaining Assessments, Maintenance and Repairs Architectural Control, and Application of Environmental Protection I. DEFINITIONS The following words, when used in this Declaration shall have the following meaning: A. Industrial Park shall mean the "OKEECHOBEE COMMERCE CENTER ". Industrial Park shall initially consist of those lots as indicated on the plat attached as exhibit "A "; which Industrial Park may be. expanded .by. the addition of one or more similar tracts of lands - ("Additions") which maybe developed by the Okeechobee City Council, as more particularly provided in this section. Page 1 of 21 OR B}', 00 530 PG 119`53 1. Each Addition shall be contiguous to either the initial platted parcels, or a prior Addition to Industrial Park. As used herein, the term "contiguous" shall be used to describe two properties which have a common boundary line or which are separated by one or a combination of streets, roads, highways, sidewalks, paths, alleyways or other thoroughfares, together with medians and other dividers. Each Addition shall have a name which includes the name " OKEECHOBEE COMMERCE CENTER ", and additional words which distinguish the Addition to Industrial Park from the initial platted park and the other Additions to Industrial Park such as "First Addition ""Second Addition", etc.. The Declaration of Covenants and Restrictions with respect to the Addition shall be in substance substantially the same as the Declaration with respect to the Initial platted park, unless approved by the Okeechobee City Council. As used in this Declaration the terms "Plat" and "Declaration" shall include not only the original of a Plat or Declaration, but also any and all amendments thereto. B. Common Area shall mean and refer to all real and/or personal property which the City Council City of Okeechobee, Florida own and will for the common use and enjoyment of the grantees, tenants, or lessees of OKEECHOBF,F. COMMERCE CENTER, and all real and/or personal property within or in the vicinity of the Initial platted park in which the City of Okeechobee has an interest for the common use and enjoyment of the grantees, tenants, or lessees of OKEECHOBEE COMMERCE CENTER, including without limitation, a right of use (such as, but not limited to, easements for surface water collection and retention). The use of the Common Area shall be restricted to park landscape, entry features, directional graphic system, drainage, landscape medians, security, safety, pedestrian/bicyclepaths, roads, project lighting and recreational purposes or any other use to which a majority of the grantees, tenants, or lessees of the OKEECHOBEE COMMERCE CENTER may accede, but shall not include any lots owned by the City of Okeechobee that remain unsold or not leased to any grantee, tenant or lessee. C. Lot shall mean and refer to any parcel of the Property in the Initial platted park, together with any and all improvements thereon, and identified as such on the Plat, on which and industrial, office or other structure according to the terms of this Declaration could be constructed whether or not one has been constructed, and shall include any "combination lot" described herein. D. Initial platted park or Property shall mean and refer to all properties which are subject to this Declaration, more specifically described in Exhibit"A ". II. PROPERTY RIGHTS Every grantee, tenant, or lessee shall be subject to these restrictions, as well as each assignee or successor in interest of such grantee, tenant, or lessee. Every grantee, tenant or Lessee shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title of portions of the Property, subject to the following: Page 2 of 21 OR BK. 0i 1530 PG 4- A Rules and regulations governing use and enjoyment of the Common Area adopted by the City; and which may be amended from time to time upon reasonable notice to each owner or lessee. and B. Restrictions contained on any and all plats of all or any part of the Common Area or filed separately with respect to all or any part of parts of the Property. C. In the event the owner of a parcel(s) within the industrial park designated as such on the records of the Clerk of Court Okeechobee County, Florida elects or should sell or transfer the parcel(s) by deed to another person or entity, including all improvements thereon, said owner shall, prior to consummating such sale or transfer, first notify the City of Okeechobee of its intent to so sell or transfer the property, and the City of Okeechobee is herein granted right of first refusal to purchase the parcel and all improvements thereon. The owner shall produce a contract for sale and purchase which it has negotiated with a buyer in good faith and in which the total purchase price is set forth for the land and all improvements thereon, and any other particulars of the proposed sale. The city reserves the right to inquire into the validity and arms - length dealing in the contract for sale, and shall notify owner within thirty (3 0) days as to whether it intends to enter into a written agreement with owner to exercise its right of first refusal and purchase the property. If such right is not exercised by the city, the owner is free to proceed with the sale to its proposed buyer, said sale subject to these deed restrictions and other applicable local, state or federal regulations. D. Regardless of the city's right of first refusal to purchase, the sale, assignment or lease of a parcel, orra.parcel and business located thereon in the industrial park is further first subject to review and approval by the City of Okeechobee, to determine the nature of the business proposed at the. site. Such approval shall not be unreasonably withheld and its purpose is to assure compliance with these deed restrictions, and to ensure the creation of jobs, promote the economic vitality of the city, and to comply with all applicable state or federal grant funding requirements. Every owner, tenant or Iessee of a parcel in the industrial park shall notify the City of Okeechobee in writing at least sixty (60) days prior to a proposed sale, lease, or assignment of a parcel or a parcel and business located thereon for investigation under this part and approval by the city. The city reserves the right under this section to compel assurances of compliance with these restrictions herein by existing or proposed owners, tenants or lessees. E. No owner, tenant, employee, agent of an owner or tenant within the industrial park shall conduct the business or enterprise thereon in a manner to discriminate against any person or entity on account of race, religion, national origin or ethnicity. III. COVENANTS FOR MAINTAINING ASSESSMENTS A. Creation ofthe Lien and Personal Obligation ofAssessments. Each tenant, grantee, or lessee of any portion of the Property from time to time constituting a Lot, as said term is hereinabove defined (by acceptance of a lease for such portion of the Property, whether or not it shall be so expressed in any lease or other conveyance) including any purchaser at a judicial sale or other successor in interest, shall be deemed to covenant and agree to pay to the city any annual assessments or other charges, and any special assessments to be fixed, established, and collected from time to time as hereinafter provided_ All such assessments, together with interest thereon from the due date at the maximum rate allowable by law and costs of collection thereof (including reasonable attorney's fees), shall be a charge on the Lot and shall Page 3 of 21 OR BK. 00.530 PG L..9'5 be a continuing lien upon the Lot(s) against which each such assessment is made, and shall also be the personal obligation of the tenant, grantee, or lessee. No tenant, grantee, or lessee may waive or otherwise escape liability for .the .assessment provided for herein by non -use of the Common Area or by abandonment. No portion of any Property which does not constitute a Lot as that term is defined herein will be liable for any annual or special assessment under this section. • B. Purpose of Assessments. The annual and special assessments levied by the city shall be used exclusively for the purpose of promoting the health, safety, security, and welfare of the tenants, grantees, or lessees ofLots included in the OKEECHOBEE COMMERCE CENTER (the Initial platted park and Additions) and in particular for the improvements and maintenance of the Common Areas of the OKEECHOBEE COMMERCE CENTER and of any easement in favor of the city, including, but not limited to, the cost of , labor, materials, maintenance, and supervision thereof, for the purpose of maintaining or improving the entranceway and signage of the OKEECHOBEE COMMERCE CENTER, for planting trees and shrubbery and the care thereof within a public right -of -way, for improving and maintaining the entrance sign and landscaping, for routine maintenance ofthe drainage/swale system, for regular maintenance/mowing of vacant property and rights of way, maintaining lighting, as well as for such other purposes as are permissible activities of, and undertaken by, the City of Okeechobee; excluding however such maintenance as would be considered a capital improvement or major repair. C. Special Assessments for Capital Improvements and Major Repairs. In addition to any annual assessments, the city of Okeechobee may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, unexpected repair or replacement of a capital improvement as approved by the City Council City of Okeechobee, Florida, including the necessary fixtures and personal property related thereto, so long as such assessment(s) are a benefit to the lot owner, tenant or lessee, and further provided that any such assessment shall have the assent of two-thirds (2/3) of the tenants, grantees, or lessees. Capital improvements and major repairs shall include but may not be limited to paving or re-surfacing the streets and rights of way; extension or repair of wastewater lines; extension or repair of the railway spur into the park; repair or replacement of the bridge entering the park across Taylor Creek; creating or improvement of drainage swales, ponds or ditches. D. Duties of the Okeechobee City Council. The City Council City of Okeechobee, Florida shall fix the date of commencement, and the amount ofthe assessment against each tenant, grantee, or lessee for each assessment period at least thirty (30) days in advance of such date or period and shall, at that time, prepare a roster of the Lots and assessments applicable thereto which shall be kept in the office of the Clerk of Court and shall be open to inspection by any tenant, grantee, or lessee. Written notice of the assessment shall be sent to every tenant, grantee, or lessee subject thereto not later than seven (7) days after fixing the date of commencement thereof.. The amount(s) assessed for routine maintenance-and repair,.or for capital improvements or major repairs, shall be the pro-rata expense ofthe total cost of such installation, maintenance or repair, divided by the total acreage owned or occupied by a particular owner, tenant or lessee; i.e. if the entire acreage available for occupancy is 66 acres, and if the cost of the assessment is $500.00, and 6.4 acres is owned or occupied, the obligation of an owner, tenant or lessee shall be that sum divided by the total available acreage, and that sum multiplied by the 6.4 acres owned or occupied, then the owner, tenant or lessee would in this Page 4 of 21 OR L.k 00530 PG 195 example be assessed $7.57 per acre times 6.4 acres, equaling an assessment of $48.45. Any acreage, excluding the common areas, owned by the city, shall be included in the computation so as to require the city to remain responsible for the amount of the assessment assigned to its own acreage. The City shall, upon demand at any time, furnish to any tenant, grantee, or lessee liable for said assessment, a certificate in writing signed by the Chairperson of the Okeechobee City Council, or their designee, setting forth whether said assessment has been paid. Exempt The Okeechobee City Council shall have the right to exempt any property subject to this Declaration from the assessments, charge, or lien created herein provided that such part of the Property exempted is used (and as long as it is used) for any of the following Purposes: 1. As an easement or other interest therein dedicated an d accepted by the Okeechobee City Council and devoted to public use; 2. As Common Area as defined herein; 3. As Property exempted from ad valorem taxation by the laws of the State of Florida, to the extent permitted by the tax assessor for Okeechobee County, Florida. IV. MAINTENANCE AND REPAIRS A. Tenant, grantee, or lessee will be responsible for the maintenance, repair, and upkeep of the premises and shall keep the premises, including the fencing, landscaping, gutters, downspouts, exterior building surfaces, yard maintenance, and painting in good order and repair. The landscaping shall be installed and maintained in accordance with the Architectural Planning Criteria, a copy of which can be obtained from the office of the Okeechobee City Clerk. The city retains the right to enforce such maintenance and repairs by any lawful means, including code enforcement under ch. 162 Florida Statute; abatement of nuisance; injunction, or other remedy as permitted by law. V. ARCHITECTURAL CONTROL A. Necessity of Architectural Review and Approval. No improvement or structure of any kind, including without limitation, any building, fence, wall, sign, site paving, grading, parking and building additions, alteration, screen enclosures, sewer, drain, disposal system, decorative building, landscaping, landscape device or object, or other improvement shall be commenced, erected, placed or maintained upon any Lot or the Property, nor shall any addition, change or alteration therein or thereof be made, nor any initial platted park platting or replatting of any Lot or Lots, or the Property be made unless and until the plans, specifications, and location of the same shall have been submitted to and approved in writing by, the technical review committee which represents the interests of the Okeechobee City Council in such architectural controL All plans and specifications shall be evaluated as to harmony of external design and location in relation to surrounding structures and topography and as to conformance with the Architectural Planning Criteria of OKEECHOBEE COMMERCE CENTER, a copy ofwhich may be obtained at the office of the City Clerk . Page 5 of 21 OR BK 00530 PG 1957 B. Architectural ReviewBoard The architectural review and control functions oftheAssociation shall be administered and performed by the technical review committee for the City of Okeechobee. At any time the Okeechobee City Council has the right to appoint members of the Architectural Review Board. The Okeechobee City Council shall appoint at least one (1) Architect or Building Contractor to the Architectural Review Board. C. Powers and Duties of the Architectural Review Board. The Architectural Review Board shall have the following powers and duties. 1. To recommend from time to time, to the Okeechobee City Council modifications and/or amendments to the Architectural Planning Criteria. Any modification or amendment to the Architectural Planning Criteria shall be consistent with the provisions of this Declaration, and shall not be effective until adopted by a majority of the members of the Okeechobee City Council at a meeting duly called and noticed and at which a quorum is present and voting and are present and voting. Notice of any modification or amendment to the Architectural Planning Criteria, including a verbatim copy of such change or modification, shall be delivered to each member of the Association; provided that, the delivery to each member of the Association of notice and a copy of any modification or amendment to the Architectural Planing Criteria shall not constitute a condition precedent to the effectiveness or validity of such change or modification. 2. To require submission to the Architectural Review Board of one (1) complete set of all plans and specifications for any improvement or structure of any kind, including, without limitation, any building, fence, wall, sign, site paving, grading, parking and building additions, alteration, screen enclosure, sewer, drain, disposal system, decorative building, landscaping, landscape device or object, or other improvement, the construction or placement of which is proposed upon any Lot or Property in Initial platted park, together with a copy of any required governmental permits. 3. To approve or disapprove any improvement or structure of any kind, including, without limitation, any building, fence, wall, sign, site paving, grading, parking and building additions, alterations, screen enclosure, sewer, drain, disposal system, decorative building, landscaping, landscape device or object, or other improvement of change or modification thereto, the construction, erection, performance, or placement of which is proposed upon any Lot or the Property in the industrial park, and to approve or disapprove any exterior additions, changes, modifications, or alterations therein or thereon. VI. APPLICATION OF ENVIRONMENTAL PROTECTION In the recorded plat, there are identified wetlands, designated as enhancedwetland2; enhanced wetland 3; created wetland 3; enhanced wetland 4; and preserved wetland 5. It is the intent of the Declarant to provide stringent protection of these sites in perpetuity, as recognized through a conservation deed executed in favor of South Florida Water Management District, or as hereafter modified by the District or other state or federal agency. As such, development within this industrial park, including the entire acreage, with the exception of the wetlands area shall be strictly regulated to Commercial uses. Special emphasis shall be placed on a campus design with office and appropriate business facilities with a setback of seventy -five (75) feet from identified wetlands to protect wetlands integrity. Furthermore, the seventy -five (75) foot setback shall serve as a buffer and be maintained in perpetuity as a conservation easement. This conservation easement shall not be disturbed Page 6 of 21 OR 12 K 00530 PG 1 u or developed as part of the OKEECHOBEE COMMERCE CENTER, unless subsequently modified between the City and the appropriate state or federal agency exercising jurisdiction over the park. In addition, the plat designates the size and location of lots numbered 6,13, & 14 at the initial Northern boundary of the park as set forth on the plat, which lots are within the protected zone for wellheads as described in the city land development regulations, and which wells are owned by the Okeechobee Utility Authority. While the wells are presently capped, and further use is not anticipated, any development on these described lots shall not permit or use environmentally hazardous substances that may leach into groundwater, and all development on these lots shall be strictly regulated in the permitting process by the city of Okeechobee, and as set forth in sections 82 -1 to 82 -90, code of ordinances, and as hereafter amended, whose determination of environmental hazards shall be final, if not otherwise in conflict with state and federal regulatory agencies. PARAGRAPH II. Construction Uses Permitted and Prohibited I. PLANNED INDUSTRIAL, RESEARCH AND DEVELOPMENT A. Purpose of Restrictions. The Planned Industrial, Research and Development in the industrial park is intended to provide lands for the purpose of business and industry which support the economic base of the City and contribute to its economic growth and self - sufficiency. Permitted uses are intended to include those businesses and industries primarily involved in the distribution of goods and services outside of the vicinity of Okeechobee County. The nature of uses shall include research, development, and manufacture of products making use of processes of manufacturing not likely to be objectionable to neighboring properties. The development standards of this district are intended to result in an open, uncrowded and attractive appearance through various site design standards To the extent that these restrictions conflict with, or are more stringent than, city zoning and land use regulations, these deed restrictions shall take precedence over such ordinance, but only in the area set out in exhibit "A ", and as hereafter amended or enlarged by addition. B. Uses permitted No building or structure, or part thereof, shall be erected, altered, occupied or used, or land or water area occupied or used, in whole or in part, for other than one (1) or more of the following general uses. Unless otherwise specified, all uses shall be conducted entirely within an enclosed building. (The listing of specific uses under the generalized use categories are intended to be illustrative rather than all inclusive.) 1. Manufacture of products such as: • Computer components; • Robotics; • Food processing and packaging, including aquiculture product processing; • Apparel related products; • Manufacture of finish wood products; • Manufacture of concrete/masonary products; • Fiberglass /resin/injection molding processes; • Furniture, fixtures; • Assembled paper products; Formulation and packaging of drugs, cosmetics, soap; Fabricated metal products; Light manufacturing or machinery; Page 7 of 21 OR 13l< 00530 .P6 ,.959 • Electrical equipment and components; • Transportation parts and small equipment; Electronic systems, components and peripherals; • .Optics; Aerospace composites; Integrated circuits; • Ceramics; Consumer electronics; Manufacturing technology; Semi - conductor equipment • Image recognition; Medical devices. 2. Educational, scientific, industrial, and manufacturing research and development such as: • Computer software development; • Artificial intelligence; • Medical technology; • Research and testing Iaboratory. 3. Warehouse and storage buildings, excluding hazardous or flammable substances unless permitted by special exception in industrial zoning category; 4. Corporate or business offices which serve or represent other specifically permitted industrially related uses. 5. Sales, rental, and display of the following: • Construction equipment; • Machinery; • Monuments; • Restaurant, hotel and store supplies, fixtures and equipment; • Swimming pool supplies; • Welding equipment and supplies; • Electronic supplies; • Medical and dental equipment and supplies; • Photographic equipment and supplies; • Tires and batteries; • Sign painting; • Glass and mirrors. 6. The following services and trade establishments provided that they do not offer retail services on the same premises. Conditional Approval may be obtained for retail services per Section C. • Bookbinding, • Bakery; • Cutting or blending of liquor; • Cheese making; Carpet and rug cleaning; Page 8 of 21 met east o��e of P 1960 • Diaper service; • • Drapery and blind fabrication and service; • Egg storage, handling, or processing; Food catering, Glass and mirror shop; Hydroponic garden; • Laundry, Linen supply; Machinery repair; Magazine wholesale agency; Motion picture studio; Pattern making; • Printing, publishing, lithography, and engraving; • Tool, die, and gauge shop including the use of automatic screw machines; • Communication - information/data processing • Telecommunication; • Exterminating - • Janitorial; • Boat building and repair, • Plumbing or electrical shop; • Manufacture of powder blends, potting compounds and plastisols; • Telephone exchange. 7. The following repair and shop uses: • • • Awning and canvas; Carpenter and cabinet; Contractor shop; Locksmith; Sharpening and grinding; Electronic equipment repair; Taxidermist; Home appliance repair; Upholstering shop; Lawn mower and motorcycle repair; Furniture repair. 8. Blacksmith and welding. 9. Accessory uses and structures; including temporary living quarters not exceeding eight hundred (800) square feet in area and two bedrooms, by special exception, as an accessory to a permitted use. 10. The storage of motor vehicles, recreational vehicles, boats, trucks and trailers. a. Storage of motor vehicles, recreational vehicles, boats, trucks and trailers subject to the following conditions. OR BK 00531 i PG 19'6 1 (1) New or used motor vehicles, recreational vehicles, boats, trucks, and trailers, placed for storage shall occupy not more than one -half (' /z) of the lot on which the business is located. (2) Any business which permits the storage of motor vehicles, trucks, and trailers, recreational vehicles, and boats bearing signs, painted or otherwise affixed to the vehicles which signs advertise a franchiser or company name shall store such vehicle within a completely enclosed building or shall provide a vehicle storage area as set forth below. All motor vehicles, recreational vehicles, boats, trucks; or trailers bearing such signs must be stored within this vehicle storage area or in the enclosed building. Vehicular storage areas must be screened on all sides providing for necessary ingress and egress by a solid eight (8) foot high masonry wall. The landscape area outside the wall shall consist of a two (2) foot high continuous hedge at the time of planting and a tree every twenty (20) feet with a minimum height of twelve (12) feet and a spread of six (6) feet at planting. (3) (4) All maintenance, washing, and repair must be within the enclosed area. 11. Crating, packing, distribution, shipping, and soft drink bottling, including warehouse and storage; 12. Auto towing subject to the following conditions: a. Vehicular storage areas must be screened on all sides providing for necessary ingress and egress by a solid eight (8) foot high masonry wall. The landscape area outside the wall shall consist of a two (2) foot high continuous hedge at the time of planting and a tree every twenty (20) feet with a minimum height of twelve (12) feet and a spread of six (6) feet at planting. 13. Commercial transportation business including taxi dispatch, and bus and tram depot. C. Conditional uses. The following uses shall only be conditionally permitted in the industrial park subject to the procedures and requirements provided elsewhere in this Declaration and subject to the availability of sufficient flexibility for commercial uses as permitted by the Comprehensive Plan. 1. All uses listed under Paragraph II, B.(6) which are open to the general public and offer retail services. 2. Health club and physical fitness facilities. 3. Stores which sell or rent new or used merchandise within an enclosed building, whether or not sold or rented to the general public. 4. Hotels and motels. Page 10 of 21 OR Bk 00530 PG 1962 D. Uses prohibited. Except as specifically permitted in this division, the following uses are expressly prohibited as either principal or accessory uses: 1. Foundry. 2. Drop forging. 3. Paint or varnish manufacture. 4. Oil compounding or barreling. 5. Die casting. 6. Livery stable, riding academy, or dude ranch. 7. Meat, poultry, fish, or slaughtering of same 8. Manufacture of asphalt, acids, carbon, disinfectants, poison, insecticides, and batteries. 9. No open air storage of bulk materials is allowed. This prohibition does not apply to storage of these materials in a warehouse, or fully enclosed within a masonry wall at least six (6) feet in height. Stockpiles cannot be visible. 10. Institution for the housing, care, or treatment of sick, indigent, aged, or minor persons. 11. Any other residential use other than a permitted .accessory use or use permitted by special exception. 12. Brewery. 13. Manufacturing or any storage of explosives. 14. Any business which is obnoxious because of dust, dirt, smoke, fumes, odors, noises, vibrations, or radioactive wastes. 15. Motor freight terminals. 16. Storage of motor vehicles, recreational vehicles, boats, trucks, trailers, farm equipment and parts thereof that would fit the definition of a "junkyard" as set forth in chapter 30, code of ordinances for the city of Okeechobee. E. Height. No building or structure shall be erected or altered to a height exceeding forth -five (45).•feet. F. Setbacks. 1. No building or roofed structure shall be located less than fifty (50) feet from any street line nor less than twenty -five (25) feet from any plot line other than a street Page 11 of 21 QF' Bk 0053 0 P6 19'63 line. 2. No more than one -half CA) of the depth of any required setback area measured from a street line or plot line may be used for parking and such parking shall be located on the half of the required setback furthest from the street or front or plot line. The balance of the setback area shall be landscaped and used for no other purpose. 3. All required setback areas, except where used for permitted parking, shall be landscaped. A required landscaped area shall not be crossed by more than the minimum of walkways and driveways necessary for access to the building. 4. Signs, light standards, and fences shall be permitted in required setback areas as hereinafter specified. G. Fences and walls. All fences and walls shall be constructed of concrete, masonry, or metal. Metal fences shall be of the open-weave, chain-link type. Fences and walls shall not exceed ten (10) feet in height. Fences and walls shall not be located within any setback area on a street with the exception that a double frontage plot shall be permitted to contain fences and walls in the rear or secondary required setback area when provided with a twenty -five (25) planting area adjacent to the street landscaped in conformance with this Declaration. Notwithstanding the above, no fences or walls shall be located closer than fifty (50) feet to any right-of-way of eighty (80) feet or greater in width. H. Lighting. All necessary exterior lighting on the plot shall be so installed or shielded as not to cause any nuisance to adjoining residential areas. I. Minimum landscaped open space. Each plot shall provide not less than twenty percent (20 %) of its area in landscaped open space. J. Storage. There shall be no open outside storage of materials, supplies, products, equipment, implements, motor vehicles, or machinery, unless area used for such outside storage is effectively screened from directview at ground level from any street or from adjacent property as set forth herein. K. Developmental standards. All developed property shall be landscaped, improved and maintained in full conformity with all applicable requirements of the land development code. All improved land shall be well- graded and free from underbrush and objectionable plant growth. The fifty (50) feet closest to any public right-of-way shall be mowed periodically as necessary to control natural grass growth. The balance of the site shall be kept free of debris and shall not be used for storage or disposal of any objects or materials. All property shall be kept clean and free from rubbish or debris. All planted and landscaped areas shall be .maintained in a neat, orderly, healthy, growing and properly trimmed condition. All buildings and structures shall be kept properly painted, unless finishedwith color coating, and protected from deterioration and shall not be permitted to become dilapidated. All driveways, walkways, parking areas, storage, and loading areas of developed property Page 12 of 21 OR Bk 00530 PG 1964- shall be well - graded and surfaced with asphaltic concrete or other equivalent hard, dustless materials. All electrical, telephone, gas, or other utility;tonnections, or extensions or re- location thereof shall be installed underground. L. Performance standards. 1. No building or structure, or part thereof, shall be erected, in whole or in part, that is obnoxious, objectionable, a nuisance or a hazard to adjoining properties, as they relateto sound, vibrations, odors, glare, radioactive materials, smoke and particulate matters. 2. Building facades facing roadways shall be designed to appear to be the fronts of buildings. This provision shall apply to corner and double frontage lots. M. Noise. Every use shall be so operated as to comply with the maximum performance standards governing noise described below. Objectionable noises due to intermittence, beat frequency or shrillness shall be muffled or eliminated so as not to become a nuisance to adjacent uses. Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Along property line abutting a Along property line abutting an Octave in bands residential district between 8:00 Industrial or Commercial district in cycles per A.M. and 6:00 P.M.* Maximum Maximum permitted sound level second. permitted sound level in decibels. in decibels. 0 - 75 72 79 75 - 150 67 74 150 - 300 59 66 300 - 600 52 59 600 - 1200 46 53 1200 -2400 40 47 2400 - 4800 34 41 Over - 4800 32 39 * Permissible sound level between 6:00 P.M. and 8:00 A.M. shall decreased by 3 decibels for each of the Octave bands. N. Vibration. Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on the property line of the property on which the use is located. O. Smoke. Every use shall be so operated, as to prevent the emission of smoke, from any source whatever, to a density greater than described as Number 1 on theRinglemann Chart, provided however, that smoke equal to, but not in excess of, that shade of appearance described as Number 2 on the Ringlemann Chart may be emitted for a period or periods totaling four (4) minutes in any thirty (30) minutes. For the purpose of grading the density of smoke, the Ringlemann Chart as published and used by the United States Bureau of Mines, and which is hereby made, by reference, a part of this Declaration, shall be the standard. All measurements shall be at the point of emission. P. Fumes, gases, vapors, dusts and acids. No person shall cause or allow the escape into the Page 13 of 21 OR BF, 005S0 PG 19.161 open air of such quantities •ffumes, gases, vapors, dusts, and acids, in such place or manner as to cause injury, detriment, or nuisance to the public, or to endanger the peace, comfort, health or safety of the public, or in such manner as to cause or have a tendency to cause injury or damage to business or property. 1. Tests required. Tests may be required by the Building Department for the purpose of the abatemen t of fumes, gases, vapors, dusts, odors, etc., or any other nuisance which may be present and which may come under the jurisdiction of the Building Department. Such tests shall be made by the owner or his authorized agent, and they shall be made in accordance with such procedures as may be accepted by a reputable and recognized authority such as; American Society of Testing Materials, U. S. Bureau of Mines, U. S. Public Health Service, the National Board of Fire Underwriters, or others. The choice of such authority shall rest entirely with the building department. Nothing in these rules and regulations regarding tests conducted by and paid for by the owner or his authorized agents shall be deemed to abridge the rights of the Building Department to conduct tests of these installations on behalf of the County. Industrial sewage and waste. The use of septic tank systems for discharge of effluent of every nature shall not be permitted within the industrial park. Every use shall be so operated as to prevent the discharge into any stream, lake, or the ground of any liquid, effluent, or waste which shall be dangerous or discomforting to persons or animals or which will-damage plants or crops beyond the lot lines of the property on which the use is located, or which by its nature would be not permitted by the Okeechobee Utility Authority or its successor in interest into the solid waste /wastewater /sewerage system. R. Odors. The emission into the outdoor air of any fume, gas, dust, mist, odor, smoke, or vapor, or any combination thereof, of a character and in a quantity as to be detectable by a considerable number of persons or the public, at any point beyond the property limits of the premises occupied or used by the person or persons responsible for the source thereof so as to interfere with health, repose or safety, or cause severe annoyance or discomfort, or produce irritation of the upper regulations. S. No person shall maintain or conduct or cause to be maintained or conducted, any parking lot or use any real property for a private roadway unless such real property is covered or treated with a surface or substance or otherwise maintained in such a manner as to minimize atmospheric pollution. T. Supplemental Development Regulations. In addition to architectural control requirements as adopted from time to time by the City of Okeechobee, the following additional standards shall apply: 1. Buildings. Buildings constructed on any Lot included in the initial platted park shall be a modern design and constructed of modem materials. Exterior walls of- each building shall be finished with color- coated or painted steel panels, built-up concrete, or equivalent material such as concrete block with plaster or stucco finish, or brick. All exterior walls fronting on any street shall be aesthetically pleasing, and if concrete block, shall be given a veneer of either stucco, plaster, wood, or similar covering. The gross area of any buildings located upon any lot shall be consistent with the Page 14 of 21 OR BK 00530 PG 1966 District within each phase. When the construction of any building, is once begun, work thereon must be prosecuted diligently and completed within a reasonable time. If for any reason work is discontinued, and there is not substantial progress towards completions for a continuous three (3) month period, the Developer, or its heirs and successors, shall have the right to notify the Okeechobee City Council of its intention herein, enter the premises and take such steps as might be required to correct an undesirable appearance. 2. Loading, storage, and outside storage. Each parcel of the land devoted to site development shall provide sufficient on-site loading facilities to accommodate site activities, and all loading movement, including shall be made off of the public right-of-way. Loading docks shall be located and screened so as to minimize their visibility from any street or other right-of-way. Screening of service areas, loading docks and so forth may consist of any approved combination of earth mounding, landscaping, walls and/or fencing. No materials, supplies or equipment shall be permitted to remain outside of any building, unless approved by the Architectural Review Board, in writing, in advance. However, tanks, motors, and special industrial equipment will be permitted to remain outside of any building as long as they are screened from the street and surrounding property, or in designated areas approved by the Architectural Review Board. Rubbish and garbage facilities shall be screened so as not to be visible from any street or right-of-way. The maneuvering of trucks and trailers shall be confined to the extent practicable, to the lot included in the Initial platted park where the trucks and trailers have business. To the extent possible, all loading and unloading of trucks and trailers shall be done on the premises of the lot and not within the streets, and regular loading areas and facilities shall be located other than on the street side of the buildings and not be visible from the street to the extent practicable. Bulk storage of liquids, including gasoline, fuel oil, other petroleum products and other liquids, shall be stored inside buildings or in underground containers located at a depth and area approved by the Building Department. All storage shall be in compliance with applicable governmental laws and regulations. 3. Site furniture. Site furniture and mechanical equipment visible from a street shall be considered as landscape elements, and all site furniture, including exterior lighting fixtures, shall be subject to the approval of the Architectural Review Board as elsewhere herein provided. 4. Curb cuts. It is intended that curb cuts on boundary streets be minimized. Curb cuts on boundary streets shall be at least one hundred (100) feet apart (center spacing), at least fifty (50) feet from any street intersection, and a maximum of twenty -four (24) feet in width, unless approved by the Architectural Review Board in writing, in advance. Joint curb cuts may be developed to serve abutting parcels and are favorably encouraged. 5. Building /mechanical equipment. All mechanical equipment, servicing buildings, including roof mounted equipment, shall be enclosed or screened so as to be an integral part of the architectural design. 6. Site grading. Site grading shall be subject to the approval of the Architectural Planning Criteria. Pagel5of 21 OR BK. 00,30 PG .11.5.67 7. Parking. Parking on the streets in the initial platted park, or on additions thereto, is strictly prohibited. All parking within the initial platted park or additions thereto shall only be in designated and paved parking areas, according to design standards in effect in the city. 8. Streets. All streets and roads shall be dedicated to the public. 9. Signs and graphics. Signs and sign location within OKEECHOBEE COMMERCE CENTER shall be subject to the review of the Architectural Review Board and shall conform to the Architectural Planning Criteria and applicable Land Development Regulations and City Codes. To minimize any detractive effects upon building appearance and landscaping which may result from the erection of signs within the initial platted park, signs shall be located flush on building exterior walls not perpendicular to the wall surface; lettering may not be larger than four (4) feet high; flashing signs, scrolling message signs, banners, or other signnot permanently affixed of any kind are not permitted; and all signs shall conform to the applicable sign regulations of Okeechobee County, Florida as the same now exists or as the same has been or may hereafter be amended. 10. Exterior lighting. Exterior lighting is subject to the review of the Architectural Review Board and should be in conformance with the Architectural Planning Criteria and applicable city land development regulations and codes. 11. Landscaping. All landscaping is subject to the review of the Architectural Review Board, and should conform to the Architectural Planning Criteria, and applicable city land development regulations and codes. 12. Utilities. All electrical and telecommunication transmission lines within the initial platted park other than those existing on the date of this Declaration and those hereafter installed by the Developer shall be installed and maintained underground. The availability of water and wastewater service to the industrial park is subject to the regulations and requirements of the Okeechobee Utility Authority, or its successor in interest. 13. Rail Spur: The industrial park may be served by a rail spur adjacent to the railroad right of way designated as Seaboard Railway on the plat of the park; said spur is located at the Southwestern portion of the park. Its availability, use and extension throughout the industrial park are uncertain, and no right or representation is made as to its use by owners or tenants of the park. For those lots that may acquire use of the spur, such use is subject to the codes and regulations of the City of Okeechobee, and the railway company then operating the adjacent track leading to the spur. The City reserves the right to extend or permit extension to the rail spur throughout the park, and any cost assessments therefore shall be limited to those lot owners, tenants or lessees who directly benefit from the spur by actual use ofrailway transportation for goods and services in the conduct of their business within the park. 14. Maintenance. Buildings, landscaping, and other improvements shall be continuously maintained so as to preserve as well kept appearance especially along the perimeters of any Lot or other property. The Association shall from time to time inspect site and landscape maintenance, and if not satisfied with the level of maintenance on a site, shall notify the owner in writing. If within fifteen (15) days from notification, Page 16 of 21 �D Pit 00530 PG 1 968 maintenance has not been brought to acceptable standards in conformance . with the following maintenance standards, the Association may order the work done at the tenant's, grantee's, or lessee's expense and may treat the charges as an assessment. The maintenance standards are as follows: 1. Trash. All trash and garbage shall be placed in designated containers, or within the tenant's, grantee's, or lessee's contained service area and all trash areas shall be screened and properly landscaped. The size of containers shall reflect the capacity of the local agencies for trash removal. Yards and landscape areas will be kept free of trash, leaves, and dead landscaping materials. 2. Landscaping. All landscaping areas including sodded areas, shall be regularly irrigated as required and shall receive regular maintenance including trimming, minimum fertilization to protect wetlands, mowing and replacement of diseased plant materials, as required. All irrigation systems shall be underground, automatic, kept in good repair, and shall not discolor any wall, sign surface or other structure. Perimeter landscaping shall be maintained so as to avoid blight and preserve the beauty, quality, and value of the initial platted park, and to maintain a uniform and sightly appearance. The area between the building and the street shall be used for open landscaping and green areas to the greatest extent possible, taking into account necessary parking. All landscaping shall be completed within ninety (90) days of the issuance of a Certificate of Occupancy with respect to the building constructed or erected on any lot and shall be subject to the approval of the Building Department_ 3. Parking lot and sidewalk All parking lot, sidewalks, and other hard surface areas shall be swept and cleaned regularly and cracks and damaged areas of sidewalks shall be repaired or replaced as required. Damaged or eroding areas of the asphalt parking surface shall be replaced as required and an overall resurfacing of the parking area will be done as necessary. Broken bumper stops and/or curbing shall be replaced as required and drainage inlets, storm sewers and any surface drainage facilities shall be maintained in good repair and shall remain clear of debris so as to enable the proper flow of water. Each tenant, grantee, or lessee shall provide adequate off-street motor vehicle and trailer storagefor the tenant's, grantee's, or lessee's needs, but, in any event, no less than that required by governmental regulations and requirements. All driveways and parking areas shall be constructed or asphalt or concrete product. 4. Lighting. Levels of light intensity in the parking areas of all exterior walkways shall be maintained at safe levels and bulbs shall be replaced expeditiously as failure occurs. Light standards shall be maintained in good repair and shall be kept functional at all times. 5. Insurance. 1. Casualty insurance: All buildings and insurable improvements erected in the park shall be insured for fire and extended coverage perils, excluding foundation and excavation costs, at their maximum insurable replacement Page 17 of 21 OR L k 00530 . PG , 1 969` value, and all personal property located therein; including garage or bailee coverage. 2. Public liability insurance: The owner or tenant shall obtain public liability and property damage insurance covering the property and all improvements thereon in such sums as may be set by ordinance or resolution of the City of Okeechobee. 3. Workmans Compensation: The owner or tenant shall obtain workmans compensation coverage for its activities as provided by law and ch. 440 Florida Statutes and as amended. 4. Flood Insurance: The owner or tenant is subject to obtaining flood insurance in the event the industrial park is or becomes designated by FEMA. or other federal agency as being within a recognized flood zone. PARAGRAPH III Easements, Reservations, Rights -of -Way and Additional Restrictions 1. Easements, reservations and rights -of -way may be reserved by Declarant on or over said property or any portion thereof in any contract or deed hereafter made. 2. Declarant may include in any contract or deed hereafter made, additional protective covenants and restrictions not inconsistent with those contained here. 3. No other structure permitted by this Declaration shall be built, erected, or maintained upon any such easements, reservations or rights -of -way, and said easements, reservations or rights -of -way shall, at all times, be open and accessible to utility corporations who have obtained the written permission of Declarant, who shall have the right of ingress and egress thereto and therefrom, and the right and privilege of doing whatever may be necessary in, under, or upon said locations for the carrying out of any of the purposes for which said easements, reservations, and rights -of -way are reserved or may hereafter be reserved. PARAGRAPH IV. Scope of Covenants, Restrictions, Reservations, Servitudes, and Easements All of the covenants, restrictions, reservations, servitudes and easements set forth in this Declaration are imposed upon said property for the direct benefit thereof and of the City of Okeechobee, Florida thereof as a part of the general plan of the development, improvements, and maintenance of said property. Each grantee, lessee, tenant, assignee or successor in interest accepts the same subject to the covenants, restrictions, reservations, servitudes and easements set forth in this Declaration, and agrees to be bound by each such covenant, restriction, reservation, servitude and easements. PARAGRAPH V. Violations of Covenants, Restrictions, Reservations, Servitudes and Easements A breach or violations of any of the covenants, restrictions, reservations, servitudes and easements shall give to the Declarant the right to immediate entry upon the Property upon with said violation exists, and Page 18 of 21 OR BK 00530 PG 197n summarily to abate and remove, at the expense of the owner thereof, any erection, structure, building, thing or condition that may be or exist thereon contrary to this Declaration, and to the true intent and meaning ofthe • provisions hereof, and the Declarant shall not thereby be deemed guilty of any manner of trespass for such entry, abatement, or removal, nor shall the Declarant be liable for any violation of any covenant, restriction, reservation, servitude and easement hereof, whether such covenant, restriction, reservation, servitude and easement is violated in whole or in part, is hereby declared to be and to constitute a nuisance, and every remedy allowed by law or equity against a nuisance, either public or private, shall be applicable against any such owner . or any parcel, and many be prohibited and enjoined by an injunction. Such remedy shall be deemed cumulative and not exclusive. Where an action, suit or other judicial proceedings is instituted or brought for the enforcement ofthese covenants, restrictions, reservations, servitudes and easements, the losing party in such litigation shall pay all expenses, including a reasonable attorney's fee, incurred by the other party in such legal proceeding. PARAGRAPH VL Right to Enforce The provisions contained in this Declaration shall bind and inure to the benefit of and be enforceable by the Declarant or their legal representative, to enforce any of such covenants, restrictions, reservations, servitudes and easements herein contained shall, in no event, be deemed a waiver of the right to do so thereafter, unless otherwise herein provided. PARAGRAPH VIL Assignment of Powers Any and all rights and powers and reservations of the Declarant herein contained may be deeded, conveyed or assigned to another corporation, co-partnership, or individual and upon such corporation, co- partnership, or individual evidencing its consent in writingto accept such assignment and to assume such duties and powers, providing always that shall operate the industrial park for a primarily public and not private purpose; and it shall, to the extent of such deed, conveyance or assignment, have the same rights and powers, and be subject to the same obligations and duties as are given to and assumed by Declarant herein and thereuponDeclarant shall be relieved of the performance of any further duty or obligation hereunder to the extent of such deed, conveyance or assignment. PARAGRAPH VI LL Marginal Notes and Headings of Paragraphs The marginal notes and headings as to the contents of particular paragraphs are inserted only as a matter of convenience and for reference, and in no way are, or are they intended to be, a part of this Declaration, or in any way define, limit, and describe the scope of intent of that particular section or paragraph to which they refer. PARAGRAPH IX. The Various Parts of This Declaration are Severable In the event any clause, initial platted park, term, provision or part of this Declaration shall be adjudicated by Final Judgement of any Court of competent jurisdiction to be invalid or unenforceable, the .Page 19 of 21 OR Bk 00530 PG 1971 remainder of this Declaration, and each and all of its terms and provisions not so adjudicated to be invalid or unenforceable, shall remain in full force and effect, and each an all of the paragraphs, initial platted parks, terms, provisions, or parts of this Declaration are hereby declared to be severable and independent of each other. PARAGRAPH X. Amendment to Protective Covenants, Restrictions, Reservations, Servitudes, and Easements Declarant shall have the right to amend this Declaration so long as such amendment is not inconsistent with or delude the overall plan or protection. IN WITNESS WHEREOF, the Declarant has signed and sealed this Declaration on the 4(14 , day of LtY1 (LL - , 2004. ATTEST: . Lane 4 amiotea, Ci Clerk OKEECHOBEE CITY COUNCIL FOR CITY OF OKEECHOBEE, FLORIDA es E. Kirk, Mayor amity of Okeechobee APPROVED AS TO FORM AND LEGAL SUFFICIENCY t John R. Cook, C ty Attorney Page 20 of 21 OR BK 00530 PG 1972 STATE OF FLORIDA COUNTY OF OKEECHOBEE BEFORE ME, the undersigned authority, appeared JAMES E. KIRK, who is personally known to me; and who being first duly sworn according to law, states that he executed the foregoing in the presence of the witnesses Lane Gamiotea and John R. Cook; and that the foregoing is executed for the purposes stated therein on behalf of the City of Okeechobee, Florida. SWORN TO AND SUBSCRIBED this `{ day of May, 2004. ADRUWA BERRY .7iA MY COMMISSION ! DD 154909 EXPIRES: October 3, 2006 • Bcoiedlbru Notary rubficUnderrate» Page 21 of 21 NOTARY PUBLIC :1 My commission expires: 10 ! 3 / 0 Y) ' \driaha Berry Printed notary name