2005-03-16
CITY OF OKEECHOBEE
TECHNICAL REVIEW COMMITTEE MINUTES
MARCH 16, 2005
PAGE 1 OF 3
I. Call to Order· Chairperson.
Technical Review Committee Meeting - Chairperson, John Cook, City Attorney and Interim City Administrator, called the March 16, 2005 Technical Review
Committee meeting to order at 10:00 a,m,
.. Chairperson and Staff Attendance· Chairperson Boyd. Each member stated their name and organization they are representing for the record,
Voting Members: Joe Boyd, City Building Official Absent
John Cook, Interim City Administrator Present
Denny Davis, Police Chief Present
Donnie Robertson, Public Works Director Absent
Jim LaRue, LaRue Planning and Management Services Present
Herb Smith, Fire Chief Absent
Oscar Bermudez, City Engineer Present
Katrina Cook, General Services Coordinator Present
Non-Voting Ex-Officio Members:
Eddie Trent, Okeechobee County Health Department Absent
John Cook, City Attorney Present
III. New Business.
A. Whidden Enterprises, Inc, John Whidden, owner of Whidden Enterprises, Inc" is the John Cook, City Attorney and Interim City Administrator, explained that at the February Board Meeting the
property owner and applicant. The applicant is proposing change an existing 1300 Board of Adjustments tabled a Variance request to allow a parking or loading spaces to open directly onto a
square foot pawn shop into a 48 seat restaurant. The applicant is planning to utilize the City Street. He continued by explaining that since the request made at the last Technical Review Committee
same building with modifications to existing paved parking, The applicant is requesting Meeting, the City Clerk has prepared an Use of Alley Agreement between the City and Mr, Whidden to allow
a twenty percent reduction to the parking space requirements, This petition was tabled the use of the alley as ingress and egress to his proposed parking lot. Mr. Cook noted for the record that the
at the February 16, 2005 Technical Review Committee Meeting, Newman's also have a Use of Alley Agreement for the Western portion of the same alley, He explained that
they too are using the alley as ingress and egress to their parking lot located behind their commercial building,
MARCH 1 2005- TECHNICAL REVIEW COMMITTEE· PAGE 2 OF 3
III. New Business, continued.
A. Whidden Enterprises, Inc, continued, LC Fortner, Executive Director of the Okeechobee Utility Authority, explained that water and sewer pipes
were located in that alley, He explained that if Mr, Whidden was proposing to pave the alley and there was
work needed to be completed by the Okeechobee Utility Authority, the pavement would have to be removed
and repaired at Mr, Whidden's expense,
Mr, Whidden explained that he was not proposing to pave the alley,
. Oscar Bermudez, City Engineer, explained that he felt that Mr, Whidden was complying with the City
regulations to the best of his ability, He continued by explaining that Mr, Whidden has provided 9 spaces
on-site, 5 spaces off-site, and has created a landscaping plan that best fits his property, Mr, Bermudez
explained that if the proposed twenty percent parking reduction request was approved by the City Council,
he had no other issues with this project.
Mr, Whidden questioned Mr, Cook whether the Variance was still necessary,
Mr, Cook explained that he preferred that the twenty percent reduction be recommended for approval by the
Technical Review Committee then heard before the City Council for a final determination since the Board
of Adjustments felt that the Variance was unsafe,
Jim LaRue, LaRue Planning and Management, questioned whether the Newman's were currently using the
parking spaces to meet their parking requirements for the surrounding commercial establishments,
John Cook, City Attorney, responded that those spaces were not being used by the Newman's to meet their
parking requirements for the commercial plaza located nearby,
Jim LaRue motioned to recommend to the City Council to approve the requested twenty percent parking
reduction with the following stipulations:
1, The five spaces at the Newman's building located next door be included in an agreement
with Mr, Whidden,
2, The Use of Alley Agreement executed between the City and Mr, Whidden,
3, The proposed Landscaping Plan being fulfilled;
Seconded by Oscar Bermudez,
III. New Business, continued.
A. Whidden Enterprises, Inc, continued, VOTE
BERMUDEZ· YEA
BOYD· ABSENT
DAVIS· ABSENT
LARuE· YEA
ROBERTSON· YEA
. SMITH· YEA
VEACH· YEA
MOTION CARRIED.
John Cook noted for the record that the reduction of parking request will be heard by the City Council at the
April 5, 2005 meeting,
IV. Adjournment· Chairperson. There being no further items on the agenda, John Cook adjourned the Technical Review Committee Meeting
at 10:11 a,m,
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires 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 Services tapes are for the sole purpose of bac up for official records of
the Department. ..--;
John Cook, Acting as Chairperson
ATTEST:
~\ .\ tì (l - CCOlU
Katrina Cook, General Services Coordinator
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PAGE -1-
CITY OF OKEECHOBEE - MARCH 16, 2005 _
TECHNICAL REVIEW COMMITTEE - HANDWRITTEN MINUTE
I. CALL TO ORDER - Chairperson: March 16 2005 Techn cal Review Committee
Meeting. \O:01:i.m.
II. STAFF ATTENDANCE - Secretary
Prese t Absent
Joe Boyd, Building Official ~
John Cook, Interim-Administrator
Denny Davis, Police Chief J'
Donnie Robertson, Public Works ./
Director
Eddie Trent, Okee County Health /
Dept.
Herb Smith, Fire Chief ./
John Cook, Attorney
Jim LaRue, LaRue Planning and /
Mgmt.
L.C. Fortner, Okee Utility Authority
Oscar Bermudez, Engineer
Katrina Cook, General Services /'
Coord,
. .
PAGE -2-
III. NEW BUSINESS - Chairperson Joe Boyd.
A. Whidden Enterprises, Inc. John Whid en, Owner of Whidden
Enterprises, Inc., is the property owner and pplicant. The applicant is
proposing change an existing 1300 square foot pawn shop into a 48
seat restaurant. The applicant is planning t utilize the same building
with modifications to existing paved pa king. The applicant is
requesting a twenty percent reduction to the parking space
requirements. This petition was tabled t the February 16, 2005
Technical Review Committee Meeting.
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PAGE -3-
IV. Adjourn Technical Review Committee Meeting _ C airperson 10: la.m.
-
CITY OF OKEECHOBEE
TECHNICAL REVIEW COMMITTEE
OFFICIAL AGENDA MARCH 16,2005
CITY HALL, COUNCIL CHAMBERS
55 S.E. 3RD A VENUE PAGE 1 OF 1
OKEECHOBEE, FL 34974
I. CALL TO ORDER: March 16,2005, 10:00 a.m. - Chairperson
II. STAFF ATTENDANCE - Secretary.
. V oting Members: Joe Boyd, City Building Official
Denny Davis, Police Chief
Donnie Robertson, Public Works Director
Kelly Hill, LaRue Planning and Management Services
Herb Smith, City Fire Chief
Oscar Bermudez, City Engineer
John Cook, Interim City Administrator
Non- Voting Ex-Officio Members:
Katrina Cook, General Services Coordinator
Eddie Trent, Okeechobee County Health Department
John Cook, City Attorney
L.C. Fortner, Okeechobee Utility Authority Executive Director
. III. NEW BUSINESS - Chairperson.
A. Whidden Enterprises, Inc. John Whidden, owner of Whidden Enterprises, Inc., is the property owner and applicant. The
applicant is proposing change an existing 1300 square foot pawn shop into a 48 seat restaurant. The applicant is planning
to utilize the same building with modifications to existing paved parking. The applicant is requesting a twenty percent
reduction to the parking space requirements. This petition was tabled at the February 16,2005 Technical Review Committee
Meeting.
IV. ADJOURN TECHNICAL REVIEW COMMITTEE MEETING _ Chairperson.
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires 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, Tapes are for the sole purpose of backup tor ot1icial records of the Department.
* ~,C\-r~ -* .
. . -
LICENSE AGREEMENT
THIS AGREEMENT, BY AND BETWEEN THE CITY 0 OKEECHOBEE, FLORIDA,
a Florida Municipal corporation (hereinafter "CITY"), Whidden nterprises, Inc., a corporation
existing under the laws of the State of Florida, (hereinafter "0 NER(S)"), dated this
day of ,2005.
WHEREAS, OWNER (S) hold fee simple title to the foil ing described real property
in Okeechobee County, Florida, to wit:
Lot 12 of Block 153, CITY OF OKEECHOBEE, accordi g to the Plat thereof
recorded in Plat Book 5, Page 5, public records of keechobee County,
Florida; and
WHEREAS, City owns the following alleyway:
That 15 foot wide alleyway running East to West and I cated between Lots
1 to 6 and 7 to 12 of Block 153, CITY OF OKEECHOB E, according to the
Plat thereof recorded in Plat Book 5, Page 5, public rec rds of Okeechobee
County, Florida; and
WHEREAS, the OWNER(S) desire to make certain improv ments in the form of paving,
maintaining the ingress and egress of alleyway adjoining betwe n the lots 1 and 12 in said
Block 153, which is an open, unimproved alleyway, which is own d by the CITY.
NOW, THEREFORE, in consideration of the mutual promi es and covenants set forth
herein, the parties agree as follows:
1. The CITY hereby grants this revocable license for u e of the alleyway with the
understanding the OWNER(S) will maintain the al eyway and should it ever
become necessary to remove any pavement or an improvement thereon, in
order to allow either the installation, or maintenan of water, sewer, or other
utility lines or any other type of installation or con truction, or for any other
reason chosen by the CITY, the pavement or any im rovement thereon, will be
removed by the OWNER(S) or their agents and/or ssigns at the OWNER(S)
expense within seven days of receipt of written req est by the CITY for such
removal. Should the CITY, for valid reasons, re uire the removal of the
pavement or any improvements thereon less tha seven days notice, the
OWNER agrees to exercise reasonable efforts to co ply with such requests.
2. OWNER(S) agree to contact their insurance compa y and require a rider be
added to their insurance policy with a certificate turni hed to the CITY showing
the portion of the alleyway as herein described, to be sed by them, insures the
CITY against any liability arising out of alleged injurie or other activities which
may occur within the alleyway. In any event, OWNER( ) agree and shall hold the
CITY harmless for any and all action, suit, claim, inju or cause of action of any
nature arising out of owner's permissive use, and i demnify CITY for such,
including costs and attorney fees.
3. That OWNER(S) shall not, by such improvements ade to that described
alleyway, obstruct, close or otherwise restrict access 0 the alleyway for travel
thereon by the CITY or the general public.
4. That the OWNER(S) agree that this license is non assignable without the
express written consent ot the CITY; and if transferr , the covenants herein
shall bind themselves, their heirs and assigns, and said covenants shall run with
the land.
Page 1 of 2
. .
. .. ,
5. The City Clerk shall cause this agreement to be corded in the public records
of Okeechobee County, Florida.
IN WITNESS WHEREOF, the parties hereto set their han s and seals on the aforesaid
date.
Signed, sealed and delivered in presence of:
Print Name of Witness: John W idden, President/Owner
Address of Witness: Whidde Enterprises, Inc.
Print Name of Witness:
Address of Witness:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before e this day of
· 20_, by John Whidden, who signed i the presence of these
witnesses; and who produced as iden "tication or is personally
known.
-
Notary Public Signature
Name of Notary ty ed, printed or stamped)
Commi sion No.
Accepted for the City: (city seal)
Donnie Robertson, Public Works Director L ne Gamiotea, City Clerk
Reviewed for Legal Sufficiency:
John R. Cook, City Attorney
Page 2 of 2
/:: Koho/; I¡,. fa/I?'! - -ik íZev I sEct *
() T I I J:' /J í ht(ul í ú If) 9
EXISTING "BIG GATO~ FAWN" FROFOSES ,
C~ANGE OF use TO A SMALL FeEST AUFèANT I
¡
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50' , F=r=T
l LlJ
~,
EXISTING SINGLE STORY CBS BUILDING \!J
.z
-
ENTRY ON soun4 SIDE
,
,
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. puf/('$.fol' (/-.,1( ~ .
. I I LOT 1·2 : )
. ~ -. I ~; I
~ (S1 ¡ " " MAINT AI ao'w CLEA~ I
" r:f\ " " I ACCESS A .£ TO PARKING ~ " f3\ :
\I) ,," ! " ., 20' \::.J 20' I . _ ..
20' I I" " ¡./\ " I ..4\... .·ì ... ß'\..
) .~ /. " " Õ'1 .~ I f!!J (fj ~
" " ~<"'-. " " I. 13\. -, ~__
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/ '" I \I - - 14 I .
/" / EXISTING CURB CUT DRIVE / · 5' CONC. SDEWALK 500 00 00 W 250
/
I I I I E
l' If#- I I
, I I I I
_ I . I I (3) I I
. KQ\!\ sed ~
.
February 17, 2005
City of Okeechobee
55 SE 3rd A venue
Okeechobee,FL 34972
To Whom It May Concern:
I, Chris Newman, give pennission to Whidden Enterprise, to use the five
parking spaces at 207 NE Park St.
Thank you, ~
...
Chris Newman
. .
Ciiy of Okeechobee
~~ SOl Ithenst 3rd Avenue
Okeechobee, Florida 34974
PhlJ:lè. (û6~~) 7G3 3372 rev: (fJ63) 763·168
Apµ icalioll lor Silt::: Pldll Review
; ¡)f I¿ r- I. ~
Name of Project: 1A.Jt1 . " ~~LL C /J ' J ,y}' ,
Applicant: lilt; j leI? f4f~íl'Îí~e) JÎlr!rpperty Owner:
Descrirtion of rroject incllJrling all r~orosed IJses:£Ai).I{~ _~____ &~; kl/'~j..
- C1 Ai-I (lewel {¿I /(.~15> £d!, 00//1!, It,; ç,' ~( - Ctf/¡Vf.1JiiJf?
IJ)til} 1"5" f¡;) dill} 5¿ !-~ û. Lfg
. tó /J ~
Number/description of phases: rct/'¡ VJ ~_.-L-( c ¿:'V
------ --.__._--------~-
I oC8tion of/Directions to the project: )c) I .{/r~(I( a 'Ii S{
__ _.¿'C/.. _ _______
/Í::? JJ1 ("/Ii- f/rill . ---------- -.--. _. _ _·~._._,·.._·.'._~_n_._..~_ __.____._." .__________+_
----.-.------
Existing improvements on property: __l]f?ß) ._~ &,£1:_
Ii j ~ I
&file" fơ r f;/~.-!J--
--.-. . ..--- '- ------. -
Is rrol'Gsr:rl use rliffr:rent from pxistinn or rrior liSP? ( X Yes) ( No) ( N/A)
Tolal Land drea in square feet: _7 / 2..~;- ._______ or a(:r ,s:
Existing impervious surface: ",- '/ :;.- 'cres <¡O 'Vo of site
~ í ¡ ~ square teet _
Additional impervious surface: 0 square feet __ cres % of site
Prorosed total impervious surface '71 ()..S~quare feet ________ cres <;{O %J of site
Current zonina: _¡/jI¡lf?/fÎ' Current Future Land Use'.L-tJtf!.I!1((¿~?!I____"
I'arcd IdentJtJeation nwnber: J -¡r 3' ? ,- - / ') "" 1[- /
". /"" /"' .., <::. ""~ [.'0" [-- (:1 j e, .~- {? I ì ,")
..... " .- ..J ~_...-:..__~_ '. . '~" t
. .
/\pplie<i1ioll for ~:it,: rL'¡j] Review
~ ill T¡ fí
. i /. ') '.r. ' , ." ._, ~r .~" . /'
Name ot project: . / '1 t ' I" 1 ~ /1 '€,/ /~, " :;,¿' J / /1 L,
APPlicant:-Sc)~Ýlltjf.Ç(lje/1 h/¿~'¡'tlj-ell 6,.11 Tile I
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Address: 4J I IJ e' (j;r J(' -$ 7~
O.[(~.I:C? 3LJ 'í71~
,
Phone' n~S-7- Iffj 5- F3X'n.__...._____n__u...
()lÍìU pI luno, __n~'¿(¿;~~'7 2__f!:"3.n. u..,. -~'u_n__n.. -------_____.___u_.
Contact Person: --:SC)¿;/'J /¡L¿h;~ JJ.¿ II
Address: S-~ 0/ ~dl E-_._~lCk_¡;¡f , ('41 r'¿ ~~?7;¿
Phone:3J7" 1$/~-FaX:u":I£__Z Lf{/)
Other rhone:.6/ç; 7?ff 3
PIOµ8,ly OWIJel Ii//.: lC~'ìtu_'¿1l t._~, -r:J'G . .... -- __u_
'7] " U c 7l~: Î/ ¿' .
Address: ~ / .& jtüLli._-2-
__ {)Aé¿:LLo6'~c- £L ; Y?//',
Phone: 1{~:S :S~'7/ßI5-.__uFax:___
Fngineer: nf!t'I1,{<£I(/[CS l!,r~~¿;J;.n ¿:~d~ ~=-___._u.________
/òddrc~::;~j: Ie 7 5 li/ 17_2_/ _ {ù,/-,I..~ II
I) {/- , r I' .-¡ ï /1/ 1/
u [,L.<:' e_ ('- L-"_c..S I ';1 / I" ._u__ __ .
Phone: 76 jl -.LbVÛ Fax: ___It; 3 ,,':"/ '
Surveyor: /(1 L ..:J/l t 05/. rJ- /Jj§ £7LL~, fc.5
Arlrlress: ..__~~{;l~~( L¿/ {~4-1l &?~~·¿;--_.~k£fg___u_u________
~r;1 /T /,. ,. '\ ,",í j::::-/ -, /1 t/! 1'-- -?
--li!./ ,I.J ¿-Ii i/ L ¡---~-~_LL j .,
7 Z). (77[5 7·......" ('"
fJhone: / ì) I' :> (P ;) Fax:_______