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2019-09-19MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY, SEPTEMBER 19, 2019, 10:00 A.M. CITY OF OKEECHOBEE 55 Southeast 3rd Avenue CALL TO ORDER — Chairperson Okeechobee, Florida 34974 The September 19, 2019, Technical Review Committee (TRC) 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 Jeffery Newell — Present Fire Chief Herb Smith — Present Police Chief Robert Peterson — Absent (Major Donald Hagan in attendance) Public Works Director David Allen — Present Non -Voting Ex -Officio Members: City Attorney John R. Cook — Absent City Planning Consultant Ben Smith — Absent (Attendance not requested) City Civil Engineering Consultant — Attendance not requested County Environmental Health Department Victor Faconti — Present OUA Executive Director John Hayford — Absent (with consent) School District Representative — Absent Committee Secretary Patty Burnette — Present (Ms. Jackie Dunham, General Services Secretary, in attendance as well) III.AGENDA — Chairperson Chairperson Montes De Oca asked whether there were any requests for the addition, deferral or withdrawal of items on today's Agenda. There being none the Agenda stands as published. IV.MINUTES — Secretary Building Official Newell moved to dispense with the reading and approve the Minutes for the regular meeting held June 20, 2019; seconded by Public Works Director Allen. Motion carried unanimously. V. NEW BUSINESS — Secretary A. Site Plan Review Application No. 19 -004 -TRC, construction of a proposed 41 square feet by 468 square feet roof extension for south side of existing building located at 1289 Northeast 9t" Avenue, Lot 7, CITY OF OKEECHOBEE COMMERCE CENTER, as recorded in Plat Book 7, Page 10, Public Records of Okeechobee County — City Administrator. Chairperson Montes De Oca explained a Planning Staff Report was not required for this application. The property is located in the City Commerce Center and as TRC - September 19, 2019 - Page 1 of 2 part of the Declaration of Protective Covenants dated May 4, 2004, an approval is required V. NEW BUSINESS CONTINUED. A. Site Plan Review Application No. 19 -004 -TRC continued. from the Technical Review Committee (TRC) for any improvements or additional structures to the property. The Applicant, Boral Roofing LLC, simply wishes to add a roof extension to the south side of an existing building. The structure will have sides with an open front that will help to keep the product and employees out of the elements during loading and unloading. The structure will be constructed of pre- engineered metal and contain lighting. Mr. Frank Pierce, General Contractor for the project, was present for any questions. There were none. OUA Executive Director Hayford was not in attendance but submitted written comments of no objection. Chairperson Montes De Oca asked whether there were any comments or questions from those in attendance from the Public. There were none. Chairperson Montes De Oca asked TRC Members to disclose for the record whether they had spoken to anyone regarding the Application or visited the site. He then disclosed he discussed the project with Mr. Pierce. A motion and a second was offered by Public Works Director Allen and Buildinq Official Newell to approve Site Plan Review Application No. 19 -004 - TRC, construction of a proposed 41 sauare feet by 468 square feet roof extension for south side of existing buildina located at 1289 Northeast 9th Avenue, Lot 7, CITY OF OKEECHOBEE COMMERCE CENTER, as recorded in Plat Book 7, Paae 10. Public Records of Okeechobee Countv. Motion carried unanimously. VI.ADJOURNMENT— Chairperson. There being no further items on the Agenda, Chairperson Montes De Oca adjourned the Technical Review Committee meeting at 10:03 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: Marcos Montes De Oca, Chairperson Secretary -Yash i m . bAwit TRC - September 19, 2019 - Page 2 of 2 Patty M. Burnette, CITY OF OKEECHOBEE SEPTEMBER 19, 2019 ► TECHNICAL REVIEW COMMITTEE o° HANDWRITTEN MINUTES I. CALL TO ORDER -Chairperson: September 19, 2019 Technical Review Committee Meetina.10:00 a.m. II. STAFF ATTENDANCE -Secretary Administrator Montes De Oca Building Official Newell Chief Peterson IOa jor f aj oA Chief Smith Engineer Public Works Director Allen Non -Voting Ex -Officio Members: Attorney Cook Environmental Health Director Faconti OUA Executive Director Hayford Senior Planner Smith School Representative Secretary Burnette Present Absent Position vacant at this time Ill. AGENDA — Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. IV. MINUTES - Secretary. �'-dl�anSFr� A. Motion to dispense with the reading and approve the Minutes for the regular meeting of June 20, 2019. i' moved to dispense with the reading and approve the Minutes for the regular meeting of June 20, 2019; seconded by VOTE I YEA Allen Montes De Oca I �/ Newell ) ✓ , -Peterson, }{fin I ►/ Smith I V11, APPROVED I DENIED NAY ABSTAIN ABSENT 1 V. NEW BUSINESS -Chairperson. A. Site Plan Review Application No. 19 -004 -TRC, construction of a proposed 41 by 468 square foot roof extension for south side of existing building located at 1289 Northeast 9th Avenue, Lot 7, CITY OF OKEECHOBEE COMMERCE CENTER, as recorded in Plat Book 7, Page 10, Public Records of Okeechobee County - City Administrator. 1. City Staff comments. ,t B WSI RS ; D rCL I nv0 r �l (� nC� G` Lura -{U l� flea -M UO --none, Out- fior�v 2 C ove ra llt:' 06W Wyr re L Q p r ova. l -tv✓ 1"T ,'t/2VY10 V. NEW BUSINESS - continued. A. Site Plan Review Application No. 19 -004 -TRC continued. 2. Hear from Property Owner or Designee/Agent — Mr. Frank Pierce, Project Manager on behalf of Property Owner, Boral Roofing LLC. 1() fl U 000O/er1' 3. Public comments or questions from those in attendance, or submitted to the Committee Secretary. �oY-"e V. NEW BUSINESS - continued. A. Site Plan Review Application No. 19 -004 -TRC continued. 4. Disclosure of Ex -Parte Communications by the Committee. p,)Do Spo)a - b Rai, K- Pie (V'- 5. a) Consider a motion to approve or deny the Application with/without contingencies. Motion and a second offered by A ( len and New 1( to approve/deny Site Plan Review Application No. 19 -004 -TRC, construction of a proposed 41 by 468 square foot roof extension for south side of existing building located at 1289 Northeast 9th Avenue, Lot 7, CITY OF OKEECHOBEE COMMERCE CENTER, as recorded in Plat Book 7, Page 10, Public Records of Okeechobee County, with the following contingencies: b) Discussion. MU c) Vote on motion. VOTE YEA Allen Montes De Oca ✓ Newell ✓ Peterson Hoan I ✓ Smith APPROVED DENIED NAY VI. ADJOURN — Chairperson. ADO There being no further items on the agenda, Chairperson Meeting at K, a.m. 4 ABSTAIN I ABSENT adjourned the Technical Review Committee Patty Burnette From: John Hayford <jhayford@ouafl.com> Sent: Tuesday, September 17, 2019 4:47 PM To: Patty Burnette; Marcos Montes De Oca Subject: RE: September 19, 2019 TRC Meeting Attachments: OUA Comments City TRC Meeting dtd 091919.pdf In looking at my calendar, I have a conflict between the TRC request and a previously scheduled meeting (pre-bid meeting for the SE 81h Ave water main project). Please accept my apologies, but, I will not be able to make the City TRC meeting. With regards to the project, since the applicant is proposing to build within the site and proposing no new use (it is a cover for existing an existing work area), then the OUA does not have any objections to the proposed project. John Hayford Okeechobee Utility Authority -----Original Appointment ----- From: Patty Burnette fmailto:pburnetteCa�citvofokeechobee.comI Sent: Thursday, September 12, 2019 3:02 PM To: Ben Smith (ben(ablarueplannina.com); Robert Peterson; David Allen; Donald Hagan; Herb Smith; Jeff Newell; John Hayford; John Cook; Marcos Montes De Oca; Robin Brock; Victor.faconti( flhealth.aov Subject: September 19, 2019 TRC Meeting When: Thursday, September 19, 2019 10:00 AM -10:30 AM (UTC -05:00) Eastern Time (US & Canada). Where: Council Chambers Packets are either in your mail bins or being delivered. No Planner's Staff Report as Application is for parcel in Commerce Center and requires review due to language in the Declaration of Protective Covenants. Should you require a copy of these Covenants please just send me an email. Please confirm whether you will be attending. Thank you. 7DOK4��C CITY OF OKEECHOBEE TECHNICAL REVIEW COMMITTEE OFFICIAL AGENDA SEPTEMBER 19, 2019 CITY HALL, COUNCIL CHAMBERS 55 SOUTHEAST 3RD AVENUE OKEECHOBEE, FLORIDA 34974 CALL TO ORDER SEPTEMBER 19, 2019, 10:00 a.m. - Chairperson. II. STAFF ATTENDANCE - Secretary. Voting Members: David Allen, Public Works Director Marcos Montes De Oca, City Administrator Jeffery Newell, Building Official Bob Peterson, Police Chief Herb Smith, Fire Chief Non -Voting Ex -Officio Members: John Cook, City Attorney Victor Faconti, Okeechobee County Environmental Health John Hayford, Okeechobee Utility Authority Ben Smith, City Planning Consultant, LaRue Planning and Management School Representative Patty Burnette, Secretary III. AGENDA - Chairperson. A. Requests for the addition, 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 June 20, 2019. V. NEW BUSINESS - Chairperson. A. Site Plan Review Application No. 19 -004 -TRC, construction of a proposed 41 by 468 square foot roof extension for south side of existing building located at 1289 Northeast 9th Avenue, Lot 7, CITY OF OKEECHOBEE COMMERCE CENTER, as recorded in Plat Book 7, Page 10, Public Records of Okeechobee County — City Administrator. 1. City Staff comments. 2. Hear from Property Owner or Designee/Agent — Mr. Frank Pierce, Project Manager on behalf of Property Owner, Boral Roofing LLC. 3. Public comments or questions from those in attendance, or submitted to the Committee Secretary. 4. Disclosure of Ex -Parte Communications' by the Committee. 5. a) Consider a motion to approve or deny Application with/without contingencies. b) Discussion. c) Vote on motion. VI. ADJOURN - Chairperson. 'Per Resolution No. 1997-05 Officials must disclose any communication received including the identity of the person, group, or entity, written communication may be read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made, disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. Please be advised that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the Agenda; a copy of the document, picture, video or item MUST be provided to the Board Secretary for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the Technical Review Committee with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department, no later than two business days prior to the proceeding, 863-763-3372. �.oF•oKFF DRAFT MINUTES OF THE cyo� TECHNICAL REVIEW COMMITTEE `M� T THURSDAY, JUNE 20, 2019, 10:00 A.M. CITY OF OKEECHOBEE 55 Southeast 3rd Avenue *7915` Okeechobee, Florida 34974 CALL TO ORDER — Chairperson. The June 20, 2019, Technical Review Committee (TRC) meeting was called to order at 10:03 a.m. by Building Official Newell. STAFF ATTENDANCE — Secretary. Voting Members: City Administrator Marcos Montes De Oca — Absent (with consent) Building Official Jeffery Newell — Present R e Chief Herb Smith , Present \� e Chief Robert 4410,Absent (Major Donald Hagan in att Voting Ex -"Officio M7nbers: I\ ity Attorney'John R Cook — Absent (with c, ity Planning, Consultant Ben Smith — Prese ity Civil Engineering Consultant — Attendar ounty Environmental Health Department Vi UA Executive Director John Hayford — Pre; ,hoof District Representative — Absent Dmmittee Secretary Patty Burnette,-, PresE tendance as well) d eral Sery III. AGENDA — Chairperson. Building Official Newell asked whether there were any requests for the addition, deferral or withdrawal of items on today's Agenda. There being none the Agenda stands as published. IV. MINUTES — Secretary. Public Works Director Allen moved to dispense with the reading and approve the Minutes for the regular meeting held May 16, 2019; seconded by Fire Chief Smith. Motion carried unanimously. V. NEW BUSINESS —Secretary. A. Site Plan Review Application No. 19 -002 -TRC, construction of a proposed 14,670 square foot County office facility (Property Appraiser, Tax Collector and Drivers License) and two 2,544 square foot future additions located at 403 Northwest 2nd Avenue, all of Block 107, OKEECHOBEE, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County — Planning Consultant. Planning Staff Report: Planning Consultant Smith explained the subject property is 2.07 vacant acres comprising the entirety of Block 107. The proposed development involves a 14,670 square foot single -story office building for the Okeechobee County Property Appraiser, Tax Collector, and Drivers License offices with two future 2,544 square foot expansions. The site plan shows a total of 84 off- street parking spaces, and 34 street parking spaces along Northwest 2nd Avenue and 5t" Street. Four parking spaces closest to the main entrance, which is proposed to face northeast at the corner TRC - June 20, 2019 - Page 1 of 8 V. NEW BUSINESS CONTINUED. A. Site Plan Review Application No. 19 -002 -TRC continued. Planninq Staff Report continued: of Northwest 2nd Avenue and 5th Street, are designated as handicap parking spaces. The Applicant stated that potable water and sewage disposal services will be provided by the Okeechobee Utility Authority (OUA). The potential increase from the project is relatively small and should have no effect upon the available capacities that can be provided by OUA. The County has confirmed a considerable level of excess capacity available to serve the solid waste disposal needs. Andersen Andre Consulting Engineers, Inc. has provided a site drainage report addressing drainage, water quality, and water quantity which are being handled through the permitting requirements of the South Florida Water Management District. Using the Institute of Transportation Engineers Trip Generation rates for a government office building, this proposed 14,670 square foot facility would have 1,011 daily vehicle trips with 18 of those occurring during the peak PM period. Should the two 2,544 square foot proposed expansions be built, it is estimated they aur 'generate an addit 4`351 daily trips, six Uwhich would tie PM"peak hour trips. Typically ,pongestion is of the greatest concern during the peak PM period. These protected vehicle trips during ghat time period, should have no effect on the surmill roadway network. The City requires the �rvaluation of driveways for consistency as well he proposed site will be served by two ngress/egress drivewa s on Northwest 4th and 5th Streets and an egress only driveway on Northwest Ond Avenue. prop el site,, Irovides multiple parking options with multiple access options, which bhould allow for minimal stacking of vehicles, and congestion to surrounding roadways.On-site circulation appears a # ate and all drive aisles are sufficiently wide serving perpendicular parking paces. The Applicah "has not furnished a TrticF�'Circulation Plan. Both the loading one and liumpster location an� enclosure are appropriately located, meeting the requirement of th�ode and access a bars appr date. "AN 110\k he dimgnsional standards revie100000 ws appears to meet they requirements with the a ption of landscaping for parking and vehicle use and landscape buffer areas. Shade trees are spaced more than 20 feet apart, the south side landscape area is less than four feet wide within property boundaries, and several of the parking islands appear to be only four feet wide and are lacking trees. The 10 foot minimum width of street frontage buffers is not in compliance. In addition, the non - driveway frontages on Northwest 2nd and 3rd Avenues as well as 4th and 5th Streets are not in compliance. Sidewalks are located along all street fronts and a photometric lighting plan has been provided. In conclusion, Planning Staff is recommending approval of the site plan, as submitted, with the following stipulations: increase width of street landscape buffers to 10 feet and provide sufficient trees to meet Land Development Regulation (LDR) Section 90-534(2); increase width of parking landscape islands to five feet and provide at least one tree in each island. Countv Environmental Health Department: No issues were received. QUA: Director Hayford stated comments had been made to the design group and they have addressed those issues. He elaborated on a couple of those comments. Plans had shown a storm sewer connection provided for their dumpster area which OUA cannot allow. They have elected to eliminate that run of piping. Another item was OUA questioned the direction of the sewer lateral leaving the building and ripping up the road. They will be re -directing it to minimize the impact to the TRC - June 20, 2019 - Page 2 of 8 V. NEW BUSINESS CONTINUED. A. Site Plan Review Application No. 19 -002 -TRC continued. OUA continued: sidewalk and road. Public Works: Director Allen requested a sidewalk be added on the west side and connect into the existing sidewalks located on the other sides of the parcel. Mr. Fuller asked whether the sidewalk could be placed in the Right-of-way and Director Allen responded yes. In addition, each corner will need to be made compliant with the Americans with Disabilities Act (ADA) so there is access to the sidewalks. All existing curb and driveway cuts need to be removed. Mr. Fuller responded they will be removing all of them and re -building three new curb cuts. Police Department: No issues were received. Buildina Official: No issues were received. Fire Department: Fire Chief Smith asked for the building construction type so he could calculate the fire flow required. He stated two hydrants are available to supply water but, he has a concern with the ne located on the corner of Northwest 5th Street and 2nd Avenue as it is only rated for 35�pounds per IR \quare inch (psi). Th -'other is located on the corner of Northwest 4th Street and 3rd Avenue and the ire flow is sufficient ly, he hquired about whether there would be any gates installed that would impede emergency a atus. kassiL \` mmmml o Chairperson Mo tes [7e ca was n'ot in attendance although he submitted comments that were read into the record by Secretary Burnette and addressed to the Applicant. In reference to page C-3 of the Plans submitted' hisc ments are as follows: add ADA parking to employee parking area and adjust accordingly (mmimun�$ at least one); add ADA sidewalk access to the northeast corner of the facility with ramp, and`ADA access to the other four sides of the parcel for sidewalk access; areas in he right-of-way which are striped and not.iarking, should be elevated curb FDOT Type' D or F Island or landscapin,; all perimeter parking to be restriped; and what is the shaded area on the plans in parking ark . In addition, he commented the drainage appears to meet criteria for development and he recommends approval with the above items to be addressed. Building Official Newell asked whether there were any comments or questions from the Property Owner or Designee Agent. Mr. Craig Fuller, P.E., with CivilSury Design Group, Inc., Mr. John Howie, Engineer for Okeechobee County, and Mr. Jerry Trout, Architect for the project, were in attendance on behalf of the Property Owner, Okeechobee County. Mr. Fuller addressed Fire Chief Smith's questions. The building construction type is Type 11 and there will be no security gates. He then addressed the comments from Administrator Montes De Oca. The employee parking area is located on the west side of the proposed site. They have no issues with adding a handicap space to this area. Mr. Howie explained the parking area to the south of the proposed building is for overflow parking for the Judicial Complex located southwest of the proposed site. It is the intent to eliminate the curbs that are currently there and install ADA sidewalk access to the northeast corner of the parcel. All corners will have ADA access to the sidewalk. Regarding the areas in the right-of-way which are striped and not designated for parking, there are a couple of areas which are located at the ends of the sidewalks, so concerns with the ADA access requirements were discussed. These areas should be raised curb with landscaping but preserve the ADA areas. The Administrator had inquired as to what the shaded area was to the south of the site. This is an infiltration drainage area. All perimeter parking spaces will be restriped. Regarding the Planner's comments of increasing the width of the street landscape buffers to 10 feet, Mr. Fuller inquired as to whether these could be located in the right-of-way and Director Allen responded yes. They would increase the width of the parking landscape islands to five feet although by doing this it will eliminate two parking spaces south TRC - June 20, 2019 - Page 3 of 8 OWL [ATITA 11-11M I►`LWI-T0161►j1iI►012111 A. Site Plan Review Application No. 19 -002 -TRC continued. of the proposed building. Planner Smith responded the site plan shows an excess in the minimum parking requirements so this will be no problem. Building Official Newell asked whether there were any comments or questions from those in attendance from the Public. There were none. Building Official Newell then asked TRC Members to disclose for the record whether they had spoken to anyone regarding the Application or visited the site. There were none. A motion and a second was offered by Public Works Director Allen and Fire Chief Smith to approve Site Plan Review Application No. 19 -002 -TRC, construction of a proposed 14,670 square foot Countv office facilitv (Propertv Appraiser, Tax Collector and Drivers License) and two 2,544 square foot future additions located at 403 Northwest 2nd Avenue. all of Block 107, OKEECHOBEE, as recorded in Plat Book 5, Paae 5. Public Records of Okeechobee Countvt with the followinq conditions: �P;:. moo , .. .,\ Increase width -60,0111,16't landscape buffers to ,10 feet and provide sufficient trees to meet Section 90-53401 of the Citv's LDR's. 4`1 Increase width of the parkina landscape islands to five fa.. sand provide at least one tree in each island. r100 ProvideAidewalk d Avenu�f on the��st side (N�hwe the proposed site. Add arP�IADA parkina space to the,v'v Dlovee.-,Darkina lea omthe west side of the proposed site Provide' .� A sidewalk ss to the northeasI r n e r Ism\11110011 he facility and aIs61 p all the other sides of the parcel��. � edestrian accessibilitv. Provide raised curb with landscaping to areas in the riaht-of-wav which are striped and not designated dor parkina but preserve the ADA areas. All be 11suffill perimeter parkina spaces& re -striped. %NEWO InumMEN", Motion carried unanimously. B. Site Plan Review Application No. 19 -003 -TRC, redevelop existing Murphy's Oil fuel station constructing a proposed 1,400± square foot convenience store with twelve fueling stations located at 2109 South Parrott Avenue, unplatted 0.547± acres — Planning Consultant. Plannina Staff Report: Planning Consultant Smith explained the subject site is located on the east side of South Parrott Avenue within an existing commercial complex of stores containing a Walmart shopping center. The site contains an existing Murphy Oil gas station with a 210 square foot convenient store and eight fueling stations. The Applicant, Greenberg Farrow, on behalf of Murphy Oil USA, Inc., is proposing to redevelop the site with a larger convenient store and more fueling stations located under a new 5,658 square foot canopy. The auto service use is already in existence on the property and was granted Special Exception approval in 1999. There are no residential areas immediately adjacent to the site and the main foreseeable compatibility issue is the minor increase in vehicle trips that are expected to be generated by this redevelopment. The Applicant stated that potable water and sewage disposal services will be provided by OUA. The potential increase from the project is relatively small and should have no effect upon the available capacities that can be provided by OUA. TRC - June 20, 2019 - Page 4 of 8 V. NEW BUSINESS CONTINUED. B. Site Plan Review Application No. 19 -003 -TRC continued. Planning Staff Report continued: The County has confirmed a considerable level of excess capacity available to serve the solid waste disposal needs. GreenbergFarrow has provided a stormwater plan addressing drainage, water quality, and water quantity which are being handled through the permitting requirements of the South Florida Water Management District. McMahon Associates, Inc. has prepared a Traffic Impact Analysis indicating the proposed development is expected to generate an increase of 361 net new daily trips, 19 net new AM peak hour trips and 25 net new PM peak hour trips. Their conclusion is these projected increases are not expected to have a significant impact on the surrounding roadway network. The site plan shows no changes to the existing ingress/egress configuration and there is no direct access from Parrott Avenue/Highway 441 (Hwy 441). The main access is provided from within the existing Walmart complex and from the existing parking facilities for the commercial uses on the north side. In addition to the parking provided adjacent to the fueling stations, five parking spaces are proposed with one being ADA compliant. The increase in vehicle trips could cause some additional congestion within the existing Walmart parking facility and could potentially have an incremental impact on Parrott Avenue/Hwy , 441. Regarding on-site circulation, the.. si � paexceed n has two main V�� � potential issues. Firs �smce theioading space is only 20 feet lorig, a„largec the l boundary of the spacand block the internal circulation aisle. This, specially likely should both the oading space and th `�nearest fueling station be ocpied at the �e time. Second, the location of \c ��\ #0 he standard parking aces wiecessitate,ed�stnan move t through the internal vehicle circulation aisleto en the co ent store. The Applicant hasrhished a Truck Circulation Plan which illustrates�a tru ��path that r' quires the full width of the internal circulation aisle. The proposed truck path overlaps t ading space and demonstrates the presence of a large truck in the loading pace blocking the p ge of another truck around the site. The proposed 19 feet by 20 feet loading tone is located in the outheastbrh corner of the site adjacent to the dumpster enclosure. It does not meet the minimum r guirementa of 10 feet„by 30 feet," but since it, is located outside the canopy boverage, it does me& the minimum\14 footb'learance. The dumpst!k enclosure is located within the required setback are though the tru k route plan does not illustr he turn movements wired to rbVide trash pick-up. The fuel tanks are located in the southern onion of the site and theck route O,.,..,._ p p p plan adequately illustrates the turn movements required to access the fuel tanks. The dimensional standards review appears to meet the requirements with the exception of the following: minimum side yard setback should be 20 feet and the site plan shows 17 feet to the canopy from the north side and one foot to dumpster enclosure. Minimum rear yard setback should also be 20 feet although the site plan shows one foot to the dumpster enclosure, three feet to the vacuum unit and eight feet to the propane tank container. The minimum fuel tank setback should be 20 feet on the side and only 15 feet is shown. Nine off-street parking spaces are required although only five are shown. Regarding landscaping, shade trees are spaced more than 20 feet apart, no landscaping is provided between the building and vehicular use areas though due to the presence of the canopy, it may not be sensible to require landscaping on the north and south sides of the proposed building. Due to the location of the propane tank container, the width of the landscaped area is reduced to two feet wide and the dumpster enclosure is located in the required buffer area on the south side and the rear. The rear buffer is also not fully provided. A sidewalk is already provided in the right-of-way but no sidewalk is proposed by the Applicant on the subject property. In conclusion, Planning Staff is recommending based on the foregoing analyses, prior to the site plan approval, the Applicant should address the following deficiencies: increase canopy setback from the north side property line by one foot; increase fuel tank setback from the south side property line by five foot; relocate propane tank container, dumpster enclosure, and vacuum unit out of required TRC - June 20, 2019 - Page 5 of 8 V. NEW BUSINESS CONTINUED. B. Site Plan Review Application No. 19 -003 -TRC continued. Planning Staff Report continued: setback and landscape areas; provide four additional standard size parking spaces; provide a visibly designated 10 by 30 foot loading space in a location which minimizes interference with internal circulation and demonstrate turn movements required for trash pick-up; minimize pedestrian routes through vehicle circulation aisles; provide two foot wide landscape buffer between building and vehicular use areas on the east and west sides of the building; provide two foot landscape buffer on south side and rear property lines; and provide sidewalk along Parrott Avenue/Hwy 441. Countv Environmental Health Deaartment: No issues were received. QUA: Director Hayford mentioned he did not see anything on the plans requesting specific meter sizes. He had questions regarding the length of the discharge of the grease trap to the main sewage line. Commented there was not a lot of detail on the gravity sewer. Requests a full size, 24 by 36, set of plans as the smaller set he was provided did not facilitate for an easy review. blic Works: Director Allen -confirmed there is an existing sidewalk-�in�,the�right-of-way on Parrott enue/HWY 441, although there is no access from this sidewalk to„the,site. Access from the -ners along Parrott Avenue/Hwy 441 would be beneficial for pedestrians entering the site so they uld not be cutting across the landscaping. There is a sidewalk on the south side when entering the ilmart complex from Parrott Avenue/Hwy 44;MW p„ 21 \ lice Dega t nt: NIN o tsstlesWere received.INI\ ildinq Official: No t: Ch would not want Ilk d. \\ o Smith commented the water flow from the hydrants is good. It appears adequate access and should there be an emergency with the gas pumps, �e the emergency trucks actually n -site) \\\ toll. Chairperson Montes De Oca was not in attendance although he submitted comments that were read into the record by Secretary Burnette and addressed to the Applicant. In reference to page C-3 of the plans submitted, his comments are as follows: the City cannot authorize any right-of-way usage other than the City's encroachment; fencing to be moved to the property line or obtain Florida Department of Transportation (FDOT) permission; access easement for surrounding area would appear to allow for such items to be temporarily installed; loading area striping to match parking striping; fuel tank setback of 75 percent of front for side would be ok as the frontage is not to Parrott Avenue/Hwy 441, parking, although only five spaces are provided, it is anticipated that patrons will be obtaining fuel as well; no additional sidewalk required, however repair in-kind due to sidewalk along Parrott Avenue/Hwy 441 and none connecting within developed Walmart area. In addition, he commented the drainage appears to meet criteria for development of minor increase of three percent and he recommends approval of the site with the above items to be addressed. Building Official Newell asked whether there were any comments or questions from the Property Owner or Designee Agent. Ms. Jillian Janovsky, Project Leader with Greenberg Farrow, who is the consulting engineer and architect, was in attendance on behalf of the Applicant. Ms. Janovsky addressed Director Allen's comments regarding no access from the sidewalk on Parrott Avenue/Hwy 441 to the site and access from the corners. She responded they will contact FDOT and work with them to see if this is possible. Addressing Administrator Montes De Oca's comments, she believes the fencing is just construction fence so she will reach out to the project team and if possible, have it TRC - June 20, 2019 - Page 6 of 8 V. NEW BUSINESS CONTINUED. B. Site Plan Review Application No. 19 -003 -TRC continued. moved to the property line. The loading area is not the hatched area that is indicated on page C-3. This area is actually for the garbage truck to access the dumpster and was indicated as such so that people would not park there. They will make it match the parking striping. The dumpster will be located in the same location as is currently, southeast corner of the property, and it will be the same construction and color of the building. If need be they can move it slightly to the property line and add a little bit more landscaping. There really is no loading zone as the fuel trucks should only take 10 to 15 minutes a day to unload fuel. Regarding the side setback for the fuel tanks she commented that the trucks cannot unload under the canopy for safety reasons and from previous information received, the site was built around using the setbacks for the Heavy Commercial (CHV) zoning district and not for an auto service station. For parking, they anticipate customers parking at the fueling stations. Regarding questions addressed in the Planner's Staff Report that have not already been addressed, the canopy setbacks cannot be moved due to the site being designed around the CHV setback requirements. The Board's consensus was for the Planner to discuss this with the Administrator for his decision. For safety reasons, they locate the propane cage as far away from the building as possible and the cage has bollards all around it, They can rotate the vacuum unit a little. It is usually located net; a parking ;\ace for convenience for customers, will have;no issue, with adding a striped crosstalk for petrian use through the vehicle ulation aisles. On the east and West sides of the building Ms. Janvosky asked*11114 nstalling abe ground planters would be .0cceptable as there i of much room on the and_�,ere are alsa��ome electrical cabinets on the West side. TIS Boardg* in a hent with Regarding the landscape buffer on the south and dear of the property, 11 s. Janvosigcommented'the curbing area is not moving and they really cannot $hilt the parking area ache site is maximized, but she will look ineeing whether there is any way to increase it. Regarding Director Hayford's`comment about the ge trap, they install this in case bf future use d they. l look a�� lines t�,Take sure i plumb ppropriatelyoor. mom\ ., y : building Official Ne . asked whether pre were an or questions from those in attendance from the ic. There � �. \' 0 Building Official Newell then asked TRC Members to disclose for the record whether they had spoken to anyone regarding the Application or visited the site. There were none. A motion and a second was offered by Public Works Director Allen and Fire Chief Smith to approve Site Plan Review Application No. 19 -003 -TRC, redevelop existing Murphv's Oil fuel station constructina a proposed 1,400± square foot convenience store with twelve fueling stations located at 2109 South Parrott Avenue, unplatted 0.547± acres, with the followinq conditions: Provide sidewalk access from the sidewalk alona Parrott Avenue/Hwv 441 to the site for pedestrian travel and if not acceptable by FDOT, provide in writing. Motion carried unanimously. VI. ADJOURNMENT— Chairperson. There being no further items on the Agenda, Building Official Newell adjourned the Technical Review Committee meeting at 11:18 a.m. TRC - June 20, 2019 - Page 7 of 8 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: Jeffery Newell, Chairperson Patty M. Burnette, Secretary TRC - June 20, 2019 - Page 8 of 8 AN,SIMDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake 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 matter of �' "I,= 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 Lake 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 me this day of:;-;,��,�j.Yt:'. C f�� AD t Notary Public, State of Florida at Large KI) I r) ira+?oo••, ANGIE BRIDGES f� MY COMMISSION # FF 976149 E, } ' EXPIRES: April 20,2020 •,F�: ;��,,' Bondod 7hru Notary Public Underwriters { Lake Okeechobee News 107 SW 17th Street,.Suite D Okeechobee, Florida 34974 863-763-3134 neon NOTICEIST6tWG1VBithattlre d0kaedwbW1WvkWRuAw Cmwfte(rtt0)wRmiduRaiegi6r m71rr &p 19, 10AKorasaoonCiaeiltvasp0�la_at ►B WW9%WA ;at ooea ea,�anug de e8dWb =*rty�mecw,aJSa = esu �rnedM ANY MOON DBr9> M to APPEAI. any da�lan hone by de TRC wTh re�eU b rrelBer mr ra1 at Crls R' wt real b ermna verbaUnreoorrlofthepioa ingsire WardCieremNYrLdstheWA, ryardevdarmt4wW dr the YAWbmelIn emdarwewthtte ArrreA�[m�tlrrrewehAdmrpwarAh�ap��.ahily as ft 6�oproaee3g,861.76333FLa4M ro60aCenL+whti �YSP BE ADVISED M guM Wu Mud b brow aarryy rJoamat, ptmaG vdao orbrsbtheTRCh9ppator to r nmdre%mikamp/ ddedxirtat pkL�G vtlag =MUST MbT be pwided b tfie vrnriGae se�rytatheCiySnamr�. BE 4017SE1371IIITONFORmanCITYOFORM-00ffOn 4 CIL NEI4BERS MAY BE M ATTENDANCE AT THIS DIFFM USS NOTICE 15 POSTED 70 MEET SPATE RMW N071M RE7ARE PWMANDSUNSH FLAWS. 3Gav9GCN � Marmet+lai De Ora FILE 4 2004008401 OR BK. ii0Ill�IlII1IlIIIII��IIII�II�IDATE: IIII�1-15IIIIII�II2OC4 04:21-i ig PM SHARON ROBERTSON? CLERK OF C=IRCUIT COURT OKEECHOBEE C:OUNTYr FL RECORDING FEES S6.00 RECORDED BY M Anuez DECLARATION of Protective Covenants, Restrictions, Reservations, Servitudes and Easements Affecting OKEECHOBEE COMMERCE CENTER THIS 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 I. Definitions, Property Rights, Covenants for Maintaining Assessments, Maintenance and Repairs, Architectural Control, and Application of Environmental Protection 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 may be developed by the Okeechobee City Council, as more particularly provided in this section. Page 1 of 21 OR BK OID530 F'G I'?53 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 OKEECHOBEE 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/bicycle paths, 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". Il. 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 00530 F'G 195.4 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 fast 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 (30) 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'o the city's right of first refusal to purchase, the sale, assignment or lease of a parcel, or a 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 lessee 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 ofthe 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 ILK CitD5.30 F'G 1955 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 inthe 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 entrance -way 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 of the drainage/swale system, for regular maintenancelmowing 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 of the 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 of the 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 BK 00530 PG 1956 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. E. Exempt Property. 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: As an easement or other interest therein dedicated and 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, includingthe 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 ofOKEECHOBEE COMMERCE CENTER, a copy ofwhich may be obtained at the office of the City Clerk. Page 5 of 21 OR BK OID530 F'G 195-97 B. Architectural ReviewBoard. The architectural review and control functions ofthe Association 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 ofthe 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. 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. Vl. APPLICATION OF ENVIRONMENTAL PROTECTION In the recorded plat, there are identified wetlands, designated as enhanced wetland 2; 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 OF P.K C1C153C1 PG 195-1 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 ofthe 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 EL 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.) 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 BK 0 053C t PG 1959 • 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 laboratory. 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 OR E I 1 C-11-3531-3 PG 1961--1 • 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 equip m air; • 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. Page 9 of 21 OR IE?K 00531--1 PG 1961 (1) New or used motor vehicles, recreational vehicles, boats, trucks, and trailers, placed for storage shall occupy not more than one-half ('/2) 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. (3) 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. (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. All uses listed under Paragraph Il, 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 C,i I5;3C i 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. I. 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 line. 2. No more than one-half ('/z) 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. 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. 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. IM,otwithstanding the above, no fences or walls shall be located closer than fifty (50) feet to any 'Mlight-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 direct view 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 finished with 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 005�30 PG 1964 shall be well -graded and surfaced with asphaltic concrete or other equivalent hard, dustless materials. All electrical, telephone, gas, or other utility connections, 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 relate to 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 be 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 the Ringlemann 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 BK 00530 PG 196 open air of such quantities of fumes, 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. Tests required. Tests may be required by the Building Department for the purpose of the abatement 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. Q. 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: Buildings. Buildings constructed on any Lot included in the initial platted park shall be a modern design and constructed of modern 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 P -K 01_1530 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 turn-arounds, 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 other4han 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. Page 15 of 21 OR BK 00530 PG 1967 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 sign not 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 of railway 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 OR P. K 00c,a0 F'G 196u 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: 2. 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. 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: 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 storage for 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. 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 BK C -0-J5.30 PG 1969 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 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. 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 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 of the 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 VI. 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 VII. Assignment of Powers Any and all rights and powers and -reservations of the Declarant herein contained may be deeded, conveyed or assigned to another corpora co -partnership, or individual and upon such corporation, co- partnership, or individual evidencing its consent in writing to 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 thereupon Declarant shall be relieved of the performance of any further duty or obligation hereunder to the extent of such deed, conveyance or assignment. PARAGRAPH VIII. 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 Et;. 0053u F'G 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 y q-+., day of Yl ad-- -- , 2004. U ' OKEECHOBEE CrrY COUNCIL FOR CITY OF OKEECHOBEE, FLORIDA Z ,_ e,� es E. Kirk, Mayor tiC ity of Okeechobee ATTEST: Lane damiotea, Ci Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY John R. Cook, City Attorney Page 20 of 21 OR 2-K 005�3u PG3 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 4 day of May, 2004. Page 21 of 21 NOTARY PUBLIC :J My commission expires: 1015/WP �driQhQ i�prry Printed notary name I AMW BERRY ,. MY COMMISSION A DD 154909 n:I= EXPIRES:October3,2006 SomMThruNotary ftblicundrmiten Page 21 of 21 NOTARY PUBLIC :J My commission expires: 1015/WP �driQhQ i�prry Printed notary name I CITY OF OKEECHOBEE Application for Site Plan Review Page 1 of 3 Date Received 7 - a- ( 1) City of Okeechobee I Application No. General Services Department ;J 55 S.E. Yd Avenue, Room 101 I Fee Paid: -7, g1n —1 9 $ 3d `[ 4 A Okeechobee, Florida 34974 I Receipt No. Phone: (863) 763-3372, ext. 9820 Fax: (863) 763-1686 E-mail: Hearing Date: 9-tQ-t9 S'ryf"M1 ., f` �f APPLICANT INFORMATION"'�� Nm 1 I Name of property owner(s): Entegra Roof the Corp 2 I Owner mailing address: 1289 NE 9th Ave Okeechobee, FL 34972 3 I Name of applicant(s) if other than owner: Chris Hedrick 4 I Applicant mailing address: 200 Story rd Lake Wales, FL 33898 5 I Name of contact person (state relationship): Frank Pierce, Owner's contractor 6 Contact person daytime phone(s) and email address: (863) 293-6473 frank@whiteheadeonstruction.com Engineer: Name, address hone number and email address: 7 Julian J Garcia - 7P W Central Ave Winter Haven, FL 33880 (863) 294-4780 architech@jjgarcia.com Surveyor: Name, address, phone number and email address: 8 s PROPERTY and PROJECT INFORMATION Property address/directions to property: 1289 NE 9th Ave Okeechobee, FL 34972 9 10 I Parcel Identification Number 3-15-37-35-0020-00000-0070 11 I Current Future Land Use designation: Industrial 12 I Current Zoning district: LGHT MANU 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. 13 New covered shelter for south side of exisiting building, constructed of pre-engineered metal. Usage will be unchanged. Describe existing improvements on property (for example, the number and type of buildings, dwelling units, occupied or vacant, etc.). Use additional page if necessary. 14 15 I Total land area in square feet (if less than two acres): or acres: 10.816 16 I Is proposed use different from existing or prior use (_Yes) (_N/No) Rev. 10/18 CITY OF OKEECHOBEE Application for Site Plan Review Page 2 of 3 Number and description of phases: PH I - Foundation 17 PH II - Erect metal Bldg PH III - Electrical 18 1 Source of potable water: N/A 19 I Method of sewage disposal: N/A ATTACHMENTS REQUIRED FOR ALL APPLICATIONS 20 Applicant's statement of interest in property. 21 I One (1) copy of last recorded warranty deed. 22 I Notarized letter of consent from property owner (if applicant is different from property owner). Three (3) sealed boundary and topographic, "as is" surveys (one to be no larger than 11 x 17) of the property involved including: 23 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 24 Two (2) sets of aerials of the site. 25 Eleven (11) copies of sealed site plan drawings (see attached checklist for details of items to be included). 26 Eleven (11) copies of drawing indicating facades for all buildings, including architectural elevations. Eleven (11) copies of landscape plan, including a separate table indicating the number of trees and shrubs by type and 27 showing both the official and common name of each type of tree and shrub. unchanged 28 I Eleven (11) copies of photometric lighting plan (see Code of Ordinances & LDR's Section 78-71(A)(5)). unchanged 29 Three (3) copies of sealed drainage calculations. unchanged 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 30 as contained in the Institute of Transportation Engineers most recent edition of Trio 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. unchanged 31 USB flash drive of application and attachments. Nonrefundable application fee: $1,000.00 plus $30.00 per acre. 32 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: Submissions 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 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 may result in the summary denial of this application. A. Christopher Hedrick 7/30/2019 Signature Printed Name Date For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 9820 Rev. 10/18 AA j& Everett Whitehead & Son, Inc. 6MVICAwk Building Florida \ Since 1954 / july 191h, 2019 City of Okeechobee General Services Department 55 S.E 3rd Ave Room 101 Okeechobee, FL 34974 RE: Statement of Interest in property To whom it may concern, Our interest in the property located at 1289 N.E. 9th Ave Okeechobee, FL 34972 is as the acting General Contractor for Boral Roofing, LLC for improvements to the existing building to provide a solution for better productivity and safety for the employees and facility. Thank you for taking the time to review our statement. With kind regards, Frank Pierce Project Manager Everett Whitehead & Son, Inc. 601 61h Street S.W. Winter Haven, FL 33880 www.whiteheadconstruction.com 601 Sixth Street, S.W. Winter Haven, Florida 33880 Phone: 863-293-6473 rax: 86.3-299-2879 CUC006371 • CUC1251.320 • CGO .,06376 II��II�uIII'IIII�uII'�IgIIIII �111I1��lllll loll ilii ll�l This Instrument Prepared By/ Return To: FILE mUM 20105018177 Lawrence E. Crary,OR BK 00573 PG 1804 III, Esquire SHARON ROBERTSON, CLERK OF CIRCUIT COURT CRARY, BUCHANAN, BOWDISH, BOVIE, OKEECHOBEE COUNTY. FL BERES, ELDER & THOMAS, CHARTERED RECORDED 08/19/2005 10:24:43 AM 555 S.W. Colorado Avenue, Suite 1 RECORDING FEES 10.00 Post Office Drawer 24 DEED DOC 21,177.10 Stuart, Florida 34995-0024 RECORDED BY L Rucks WARRANTY DEED (from Corporation) THIS WARRANTY DEED, Made and executed the J'JWday 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 $90.00 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: Lots 7, 8, 9 and the South 40.00 feet of Lot 6, CITY OF OKEECHOBEE COMMERCE CENTER, according to the map or plat thereof as recorded in Plat Book 7, Page 10, Public Records of Okeechobee County, Florida. PARCEL ID NO. R 3-15-37-35-0020-00004-0070 11l Subject to: restrictions, reservations, covenants, conditions, and easements of record; taxes for 2005 and the years subsequent thereto, and all applicable laws, ordinances and governmental regulations, Including without limitation, zoning and building codes and ordinances. Together with all the tenements„hereditaments and appurtenances thereto belonging or in anywise 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 said land in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances. In Witness Whereof the grantor has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above written. Signed, sealed and delivered in our presence: OKEECHOBEE COMMERCE CENTER, L.L.C., a Florida limited liability company 4M-in� t„a, arerice E �. , Witness P1 [PRINT NAME OF WITNESS] By: ',- Rdpert)Vteyer Its: M er Witness `[PRINT NAME O�vIT-'NEB's] W. _t>,,tbt„s STATE OF FLORIDA COUNTY OF MARTIN The foregoing Instrument was acknowledged before me thisFday of August, 2005, by ROBERT MEYER, as Manager of OKEECHOBEE COMMERCE CE,NTER, L.L.C., a Florida limited liability company, on behalf of the company. He (PLEASE CHECK ONE OF THE FOLLOWING) Eris personally known to me, or O has produced (TYPE OF IDENTIFICATION) as Identification. \\elliCE IIIUI. (SEAL) q-, - l88fp .0 / , (Print Name) NOTARY PUBLIC, State of Florida �• �' �o Commission Number: My Commission Expires: ry.%� 18$ o• � i�y•��am� �i� epp✓;0�`�\ 4* 9a Build something great' ;Lei k.,. a m Boral Roofing LLC 200 Mansell Court East #305 Roswell, GA 30076 Friday 12°i July 2019 T:770-645-4500 F:770-552-3370 To whom it may concern, I the undersigned Chief Financial Officer for Boral Roofing LLC. and Entegra Roof Tile, LLC, Hereby authorize Christouher Hedrick to act for BoraI Roofing LLC. and Entegra Roof Tile, LLC for matters related to permits for the property at 1289 NE 91" Avenue, Okeechobee, FL. 34972, including signing all documents related to these permitting matters. This authorization is valid until further written notice from Boral. Sincerely, G - Oren Post Chief Financial Officer Boral Roofing LLC Entegra Roofing Tile, LLC Office: (770) 522-3373 Email: Oren. Post QBoral.com State of 6 6060 VLI County of 171,04-6ai _ This record was acknowledged before me on Q20 �' (date) By °� `tom' j') PO v (name of individual). r Signa of Notary Officer *�VCKE7 Stamp ��. �..•......... A- Cj Title of Office C r� /;�0 V.: CD My commission expires:/.1 ' VETT GQ %�� X�b j Iftt�l� dJ 7/11/2019 Detail by Eritity Name DIVISION OF CORPORATIONS ,I "1 t! �����,r'{'fie! �:f+?t•' L�f ..���ri�lL ,, ..j� Deoartment of State / Division of Cornorations / Search Records / Detail By Document Number / Detail by Entity Name Foreign Limited Liability Company BORAL ROOFING LLC Filina Information Document Number M98000000264 FEI/EIN Number 33-0769563 Date Filed 03/04/1998 State DE Status ACTIVE Last Event LC NAME CHANGE Event Date Filed 12/21/2011 Event Effective Date NONE Princinal Address 7575 IRVINE CENTER DRIVE SUITE 100 IRVINE, CA 92618 Changed: 04/24/2012 Mailing Address 200 MANSELL COURT EAST SUITE 310 ROSWELL, GA 30076 Changed: 04/24/2012 Registered Aaent Name & Address NRAI SERVICES, INC 1200 South Pine Island Road Plantation, FL 33324 Name Changed: 12/14/2011 Address Changed: 12/14/2011 Author zed Persons) De ail Name & Address Title Manager MARINER, DAVID search.sunbiz.org/Inquiry/Corporaf onSearch/SearchResultDeta it?i nquirytype=EnUtyName&direcfionType=l nitial&search NameOrder-BORALROOFIN... 1/3 7/11/2019 Detail by Entity Name ZUU MANSELL (;UURT EAST SUITE 310 ROSWELL, GA 30076 Title Manager FENWICK, CHRIS 200 MANSELL COURT EAST SUITE 310 ROSWELL, GA 30076 Title Manager MCLEAN, ERNEST C., III 200 MANSELL COURT EAST SUITE 310 ROSWELL, GA 30076 Title Manager POST, OREN 200 MANSELL COURT EAST SUITE 310 ROSWELL, GA 30076 Annual Reports Report Year Filed Date 2017 04/25/2017 2018 01/15/2018 2019 02/11/2019 Document Images 02/11/2019 -- ANNUAL REPORT View image in PDF format 01/15/2018 — ANNUAL REPORT View image in PDF format 04/25/2017 — ANNUAL REPORT View image in PDF format 04/26/2016 — ANNUAL REPORT View image in PDF format 04/22/2015 — ANNUAL REPORT View image in PDF format 04/14/2014 — ANNUAL REPORT View image in PDF format 04/04/2013 — ANNUAL REPORT View image in PDF format 04/24/2012 — ANNUAL REPORT View image in PDF format 12/21/2011 — LC Name Chanae View image in PDF format 12/14/2011 -- Reg.. Agent Change View image in PDF format 03/18/2011 --ANNUAL REPORT View image in PDF format J 01/26/2010 — ANNUAL REPORT View image in PDF format 02/06/2009 — ANNUAL REPORT View image in PDF format 06/13/2008 — ANNUAL REPORT View image in PDF format 04/2.612007 — ANNUAL REPORT View image in PDF format 04/2812006 — ANNUAL REPORT View image in PDF format 01/27/2005 — REINSTATEMENT View image in PDF format 01/23/2003 — LIMITED LIABILITY CORPORATION View image in PDF format search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai I?inqu irytype=EnbtyNa me&directionType=Initial&search NameOrder-BORALROOFI N... 2/3 7/11/2019 08/01/2002 —ANNUAL REPORT 02/20/2001 — ANNUAL REPORT 05/01/2000 —ANNUAL REPORT 09/28/1999 — ANNUAL REPORT 03/04/1998 -- Foreign Limited Detail by Entity Name 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 Florida Department of .State., Division of Corporations search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=l nitial&searchNameOrder-BORALROOFI N ... 3/3 maprnnt_VKeecnoDee-L.ounty-rroperty-Appraiser_/-1 t7-wiy uu�.0 gYu.uxccuruuccya.wuvgmrgwi rove 3-11Y)-Jl-".Uu,u-UUUUU-UUIU ENTEGRA ROOF TILE CORPORATION 1289 NE 9TH AVE a x +L 15137135 (LIGHT MANU)10.81 SAC Txb1:$2,054,198.00 Sale:8/17/2005 - $3,025,300 -'dN 0 613 172 258 344 430 Ste 1302 688 774 Seo ft Okeechobee County Property Appraiser Mickey L. Bandl I Okeechobee, Florida 1863-763-4422 PARCEL: 3-15-37-35-0020-00000-0070 1 LIGHT MANU (004100)110.816 AC NOTES: CRYOF OKEECHOBEE COMrAERCE CENTER (PLAT BOOK 7 PAGES 10 THROUGH 14) LOT 7 8 THE SOUTH 40 FEET OF LOT 6 8, ALL OF LOTS 8 AND 9 1" = 100fl • ENTEGRA ROOF TILE CORPORATION 2018 Certified Values f '• Owner: - OKEECHOBEE Mkt Lnd $486,720 Appraised $2,071,523 1289 NE 9TH AVE Ag Lnd $0 Assessed $2,071,523 I OKEECHOBEE, FL 34972 ' Site. 1289 NE 9TH AVE, OKEECHOBEE Bldg $1,069,848 Exempt $0 ' �y Nyt 811712005 11.12 300 V(U) XFOB $514,955 county:$2,054,198 Sales 7/16/2005 $16,600 v(U) Just $2,071,523 Total city:$2,054,198 Info 71MOD4 $100.000 v(0 Taxable other:$2,054,198 school:$2,071,523 Okeechobee County, FL This Information„ was derived from date which was compiled bythe Okeechobee County Property Appraiser Office solelyfor the gowmmental purpose of property assessment. This Information should not be relied upon byanyone as a delerm inabon of the ownership of propenyor market value. No warranties. expressed or im plied, are pro Aded for the accuracy of the data herein• its use, or ifs interpretation. Although His pedodicallyupdated, this information may not reflect the data cumentiyon file In the Property Appraiser's office. Grizzlylogic.com 1 of 1 7/10/2019, 4:04 PM