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2006-02-22 CITY OF OKEECHOBEE TECHNICAL REVIEW COMMITTEE MINUTES FEBRUARY 22, 2006 I. Call to Order - Chairperson. Technical Review Committee Meeting - Chairperson. II. Chairperson and Staff Attendance - Chairperson. e V oting Members: Edgar Nazario, Building Official Brian Whitehall, City Administrator Denny Davis, Police Chief Donnie Robertson, Public Works Director Herb Smith, Fire Chief Oscar Bermudez, City Engineer e Non-Voting Ex-Officio Members: Eddie Trent, Okeechobee County Health Department Jim LaRue, LaRue Planning and Management Services John Cook, City Attorney John Hayford, Okeechobee Utility Authority Melisa Eddings, Deputy Clerk Betty Clement, General Services Secretary III. New Business. A. Therapy Center of Okeechobee, Inc. Donna Durand submitted a reduction of parking request for a recently developed project, Therapy Center of Okeechobee, Inc. and Okeechobee Fitness Center. The subject property is located at 306 and 308 Northeast 3rd Street. PAGE 1 OF6 Brian Whitehall, City Administrator, called the February 22, 2006 Technical Review Committee meeting to order at 10:00 a.m. Deputy Clerk Eddings called the roll. Absent Present Present Absent Present Present Absent Absent Absent Present Present (Deputy Clerk Eddings was present in the absence of General Services Coordinator Cook) Present Planning Staff reports that the applicant has 18 parking spaces on the site. If a twenty percent reduction is allowed, the applicant would only need to provide 17 parking spaces. There are no on- street spaces available. Staff recommends approval only if there is alternative parking provided for at least three spaces and that there is a demonstration that the peak "impact periods" of the two separate uses are at different times. FEBRUARY 22, 2006 - TECHNICAL REVIEW COMMITTEE - PAGE 2 OF 6 III. New Business, continued. A. Therapy Center of Okeechobee reduction of parking request continued. Ms. Donna Durand was present and addressed the Committee informing them that she had a mutual agreement notarized by the Church of God to share parking which would give her the additional spaces needed. e Chief Davis remarked that his concern is the conflict of parking with church services. Staff discussed that a formal parking agreement should be entered into between the Church and Fitness Center, so to specifically address times/dates the Fitness Center has access to the churches parking lot since it is proposed to be open seven days per week. Administrator Whitehall asked Ms. Durand if she had been provided with the codes explaining the difference between private and public use for the fitness center. Ms. Durand responded yes, she had received the codes and understood the difference, and that the fitness center is a private center. There were no other comments. e Police Chief Davis motioned to approve the twenty percent reduction of parking request for the Therapy Center of Okeechobee and Okeechobee Fitness Center, located at 306 and 308 Northeast 3rd Street, with the following contingencies; the Okeechobee Fitness Center is established as a private club; Attorney Cook review a Shared Parking Agreement executed by the Church and Ms. Durand, as set out above; Ms. Durand will post parking signs to control the overflow of parking and insert a parking notice on her membership applications so the members are aware of where to park; seconded by Fire Chief Smith. VOTE BERMUDEZ - YEA DAVIS - YEA SMITH - YEA WHITEHALL - YEA MOTION CARRIED. FEBRUARY 22, 2006 - Technical Review Committee - Pa e 3 of 6 IV. New Business, continued. B. Court Plaza. The application was submitted by Thomas Close on behalf of the property owner, CBC Management, Inc. The property owner is proposing to modify a previously approved site plan. The subject property is located in the 300 Block of North Parrott A venue. e e Planning Staff Report Discussion: The applicant is requesting a modification of a previously submitted site plan for a proposed restaurant and two (2) office buildings. There is an existing office on site of approximately 3,200 square feet. The applicant is proposing to modify the site plan with the following changes: (1) The Phase 2 office building was previously shown as 5,390 square feet, the applicant is now proposing to construct the building to be 4,140 square feet. (2) The Phase 3 office building was previously shown as 4,000 square feet, the applicant is now proposing to construct the building to be 5,209 square feet. Planning Staff Report Recommendation: Staff recommends approval of the site plan as it has been determined that all the requirements have been met for proposed modifications of the site without any substantial changes in setbacks, parking requirements, open space of landscaping. Setbacks from the 2/1012005 site plan: Front, 22 feet; Side, 10 feet; Rear, 20 feet. Mr. Steve Cooper, engineer of the project, was present and addressed the TRC. He mentioned that he was taken aback as he was not aware of the setbacks that were stated in this staff report. The Staff Report he received indicated 0 setbacks. City Engineer Bermudez wanted to make sure that the setbacks were met. The setbacks are not decided by this Committee. Betty Clement, advised that the Board of Adjustment reviews the setbacks and the deadline to be put on the agenda is February 27, 2006 for the March 28, 2006 meeting. Administrator Whitehall's concern was in reference to the fire escape and suggested that the appropriate side for the fire escape would be the south side of the building. Mr. Cooper remarked that the building is being constructed in accordance to the Staff Report findings and if necessary will apply for a variance. Mr. Whitehall will review with Mr. LaRue, the erroneous information of the Staff Report in regards to the setbacks. There were no other comments. FEBRUARY 22, 2006 - TECHNICAL REVIEW COMMITTEE - PAGE 4 OF 6 IV. New Business, continued. B. Court Plaza Continued. e c. Old Tyme Construction. Craig A. Smith submitted a site plan on behalf of the property owners Okeechobee Commerce Center and Land Development, LLC. The application was for the construction of a manufacturing facility in a single phase. The subject property is located on Lots 4 and 5 within the City of Okeechobee Industrial Park. e Police Chief Davis motioned to approve the modification of the site plan with the contingency of the Board of Adjustments approval of the setbacks (should it be required); seconded by Fire Chief Smith. VOTE BERMUDEZ - YEA DAVIS - YEA SMITH - YEA WHITEHALL - YEA MOTION CARRIED. Planning Staff Report Discussion: This is a site plan review for a manufacturing facility to be located within the Okeechobee Commerce Center. Planning Staff Report Recommendation: Staff does not recommend approval of the site plan review, until the following conditions are met: (1) The applicant must provide a drawing of the structure which illustrates the building facades on all four sides and shows the proposed height. (2) The applicant must provide a landscaping plan which is consistent with Sections 90-534 and 90-535 of the Land Development Code. (3) The applicant must discuss the type of materials to be manufactured at this facility. Other matters of concern were sent to the applicant prior to the Technical Review Committee meeting are as follows: Fire Chief Smith - must be able to maintain access to the roadway to allow for fire apparatus, before and during construction; must have adequate water supply available before and during construction; must identify fire lanes after the parking area is completed; would like to discuss strategic locations of the fire hydrants. Mr. John Hayford, OUA, - remarked that it would seem more logical to place the fire hydrant at a driveway entrance. FEBRUARY 22, 2006 - TECHNICAL REVIEW COMMITTEE - PAGE 5 OF 6 IV. New Business, continued. c. Old Tyme continued. e e City Engineer Bermudez - according to the Site Plan Data the total coverage for the two lots equals 236,614 square feet or 5.43 acres, which is more than the approximate 4.92 acres of the proposed property; the aggregates and sand storages are too close to the drainage utility easement and could present a problem not only to the water flow but also to the water storage quality; the developer shall be aware the minimum landscape open space is twenty percent of its lot area; the developer will be responsible for the construction of Northeast 12th Street up to the proposed entrance at the Northwest corner of the property. Mr. Robert Myers and Mr. Craig A. Smith were present to address the TRC. The landscaping plans were distributed at the meeting, therefore they were not reviewed. The following matters were discussed: the relocation of the fire hydrant being placed to the North side right-of-way; a reminder that fire lanes will be needed in the parking area for the emergency units; the paving of the roads; the easement needed for the OUA; the difference of acreage was reviewed and Mr. Smith advised that the square footage needs to be modified to reflect the correct amount. 4.92 acres which is what was on the boundary survey. City Engineer Bermudez mentioned the proposal of sidewalks. Mr. Myers and Mr. Smith remarked that this was the first time that sidewalks have been mentioned. Mr. Whitehall stated that City Council will determine which party is responsible for sidewalks. Fire Chief Smith motioned to approve with contingencies: (1) the OUA water well setback prerequisites being in compliance; (2) the fire hydrant relocated to the north right-of-way; (3) site data adjustments; (4) curb area at storage bins; (5) written statement listing all materials used in the manufacturing process and on site; (6) easement for OUA; (7) installation of paved roads, specifically on the Northwest extension area (where the CDBG Grant Fund Improvements Project end to the Northwest corner access area); (8) landscaping approval; seconded by Engineer Bermudez. VOTE BERMUDEZ - YEA DAVIS - YEA SMITH - YEA WHITEHALL - YEA MOTION CARRIED. VI. Adjournment - 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. General Services tapes are for the sole purpose of backup for official records of the Department. e ATTEST: ~~d~~ Meli a Eddings, Deputy C rk e - FEBRUARY 22, 2006 - TECHNICAL REVIEW COMMITTEE - PAGE 6 OF 6 There being no further items on the agenda, Chairperson Whitehall adjourned the Technical Review Committee Meeting at 11 :03 a.m. e e PAGE -1- CITY OF OKEECHOBEE - February 22, 2006 - TECHNICAL REVIEW COMMITTEE - HANDWRITTEN MINUTES I. CALL TO ORDER - Chairperson: February 22. 2006 Technical Review Committee Meeting. 10 a.m. U)/wl-4 II. STAFF ATTENDANCE - Secretary Edgar Nazario, Building Official Brian Whitehall, City Administrator Denny Davis, Police Chief Donnie Robertson, Public Works Director Eddie Trent, Okee County Health Dept. Herb Smith, Fire Chief John Cook, Attorney Jim LaRue, LaRue Planning and Mgmt. John Hayford, OUA Oscar Bermudez, Engineer Katrina Cook, General Services Coord. Present Absent / ./' /' / / ./ / ./ j():o5' X / / e e PAGE -2- III. NEW BUSINESS - Chairperson. A. Therapy Center of Okeechobee, Inc. Donna Durand submitted a reduction of parking request for a recently developed project, Therapy Center of Okeechobee, Inc. and Okeechobee Fitness Center. The subject property is located at 306 and 308 Northeast 3rd Street. ,{e2/L tAJ fJMtl4.1..- ulz.l/ j1~.zf)'}ci de <<ll-u.UJ JILl JtJtCLcC lie I (1~It;';f d('/ w~(jl fl)/LLU fJculU;;) ./YLuftJ CI.j/~ IcC .AA.pd 'f-/4lt../CLy,G ~ itfJ.j-1u . lP~trbJ . r /I I Y , -,1 /J', f ll!IL~~ c1d /UtWiYJ - UJ ).YY .F !JR ~ eYl xJ.<..un ~ fry Y- J; d wW ~!cw C'-6 I~ puUe~'L toja/u '0 - (!J(fl.{d'-... WJ/!<V-L ,<U(}uUliJ-r: /;J ~7 PJ;1AtnA IV W,0J - /li) t~ AU-.tc f OAd~ /1 t"-- \" /l LJUA wJ<o - ~ ~ ,"t.tzUA i~ 10 6 ~ tL*/-. ..' 7!8"-' (~.h~. v I,;~~ ,L~Gf ~~ .~~ JL~/T 0{~- uJuifl y{, If x.6WfA& ~? .Jt;~t.P- ~j I (lth:tL/}~;UJ1- ~;0' ..~Y;; ~t,~ '- ~.L~ - d4.. C vA ?f 0 f2M;lLJh yo Of1l'i'd....,f' JIh q/:,;J hhrJiiic) 'IYwJalL c? PU!'(.,~ '--PC{ {, viI . the 7'__ A-/ - 1~6J . M.!Jftd~.~ ~'t ~ ~;'Ujj/),~/ . " r.~ .~7U ~. ui.< /u FU'/fr.'jf' r!J'tf IJw.jp- /d{ L-L/a.iL ('J.LI.f--.kU '~J.v a~ {-';,M jIv\.cJ " ~-pVJcv:F ~ kfh{-LL/ ,.-A. U j1!iJ ~J.IJ d- /2"-'-p0J. ~v l'lh e.U0 ~. thlf'jlr?J tlj ~/u:f / ~LL~ ~'/f( GlLJ..A{U e-i\..J v .rf^j:--i~G ;il<i.AJUJ do ;;::::/~ U!-~~!" 7 oj CLNy- ~~:U::t: ~t1L ~S~1f~~ ,Cf.. p~f /';'70 .f)~~.. )~~JI<~ . /QJ {!{'Jt I x,J llc-<_ilv - /YU,b etlAA~cU - e e PAGE -3- B. Court Plaza. The application was submitted by Thomas Close on behalf of the property owner, CBC Management, Inc. The property owner is proposing to modify a previously approved site plan. The subject property is located in the 300 Block of North Parrott Avenue. yItuv fMjWu ~~~ ~'e:t d{~y C)/vLd. tl Hj~ C8~-tLua2t~ I Ji !~{~ tJ)~"1d- Y-e 0< ~<J C/-- Y~'lfL jM4 rL?-;'V r:3d k~ff' (LUtl-~# ~ . (1M jf,tv ff,dLO~ .uJl4Ulh"~,;o .~+.f2-.v<-e. - r.-(J !f-i.uf' >h.&u a.. (J-;t (';0 - (,~ kLd/( . t a.((/.;t/i.<j . l~( /2dt{h (flu:' !I{h>f AJItI/~/J!fj- i.J(!~ - .. ,.) !,(Je " ;;J) t cXr ,E...u/ - ;:jJ rid.:'" , ( /u (' d'.(j21 lllr'!J (lL1zft'7-c/c/j / !~ jrK-M..1li jJtLf >>/l./. A-..u ~ ~uh . hd-L.,L' ~ /upt1d f-uj"'-'Iv jL!.t~. 4' (Ur /^uk iJd..{,j "-:0 II /7' I~A--L p..J--r!-"T'--0 j/-i_L-;o.--) I__~)f .L( cit.' .<.1./, /J.--LA..-t-,J - ~~P/[{.~lc ML ..~ ~u.+tc/ h2(tft , F---€ j.d(!tCr-ZJ. .f..1J fie( AW-- <-1. fi<Vi/'--fY--0' 1j1~? ,/ ~j ,j '--I) U .~~iL: '--0<) -- e /~ ;{/w~ 72i~ CPO~liU>dJ - ~UA ~r( tLtClUu -jld-II- tdA ~Mr1mJ..' r.;3 {I/!"'U. /L<' ",^,,:.J p;lj-.u~ - ~/(..z.l fUej ;jLJLL zu.j'.0t.JU a..Lbc.uJ jv (' /'?dd!_ , IK r~ L11'0-. ~(LCxJ iH-!--1-tL //Lf--T /) J. rju {Cef3~~(-;~ C J1.. /(LLtt~ &/U ;1~ - dulL~ /!>>u /G0 jl/t;~~J P ?6 2/;2 ? ~1 ))i~(1/(J/)1(~. U)J f/J' C iLl/' cYfi:-'.uu /u : J-L [ILL 1--z-L<2/ ./j{). J) ;u]7YJ . " ' f'Y- /)')1. cCU-..,u ,-'i () ay p-"2-z/~ LCru-~c./ ) , . JYx/~ (~.{hlqf {I F/JL1 ~ 1L ~!i {~' ~ ~CJ ~l; ~!. ~ :', ~ J /{ tf. tft:S4 ~/j/cufl,-- j)/LLtu.-, u (t /L/v~ e e PAGE -4- C. Old Tyme Construction. Craig A. Smith submitted a site plan on behalf of the property owners, Okeechobee Commerce Center and Land Development, LLC. The application was for the construction of a manufacturing facility in a single phase. The subject property is located on Lots 4 and 5 within the City of Okeechobee Industrial Park. IV. ~~, " V( ~~ flf (tiCI /1Jfit'J {JdA FU:.v ILl j~ c~~i'4~J<5 (LhAL:'~ j&1?6:.Lr;tL"1 ~U~~' (d/J - ./1~/ 4AlL{~J,-,J) LdJ ,h. i~u--,uf ( LI,,,/L, , /!7A.~-A-J' / 7 ~ t/ ~ i;)! {f ;- d-~.d~-j) cuJj /r~~,VJ ',#L~~/]- ;1 t:- {.;Yx ,t JF{'/e-/ ~LIc" (j LC~~L ~ f2~--':-J n -:'~JU1fI1'-0{f- ~--'-'.,;VJ /L;> /l,d 7~ &Ui /~~<Y /l--CU: /ILeLJ-<. ~'i-tD:b(!-'r~0i'-IJ..,(,,( "./- f!,!,~~4)7 - (t1dA~j),L~&7~I~'4LLau{,Ydw.,U'--' LJ:) t/C{./ . [~/tL( ',., tLt..L~ --fMLtU--lJLL +-i t<--~ ( ~. V ' . ~~1/l -- tLuJ/1t./ t Wet/Jet 7AtAc/G .~ ('-L'dj. ;2()"" c2 511- \~/40 (j fit - ,-~i~r/J:Jo i-~,c,L/LilA0J1Cf (tu~ tv1'~dL v {---t1.ffl v-p __:ft/?1~LJJ / L:J ./2 (~hI 1'1"-10-<-<- j;.,-cj ,; "> i fI ;iw (" , / ~ , ().AJ r~~{ ; ~I [~dt\~/ c- to if i6 t}-uJI ~/Jy7:;d 4) G PO, Y--o kuJ Lf ~ tlJ-.i vr' /!-o U. .d.,co ({6 ~~t ,;J-I-t'-IU A.Jl-VJA,_ (j,l1-/J) W7h,lil..Q:.c J-c /2V--" ~{0tLGl ('Lei </IU" uJrlA../. (!i~j kLC/~1 , . v, V {j jU:1 ta ,dt~( /)LLu{ j. a C! {~M/,-:JcJ~jj . I if lL--I .~ /tL7~~ c>~ ~Z1JCL7-;:J- CL/UU0 V[--l j2/J/fJ-/(Y 11-- '7f. {(/7-.[ttT., . ~ There being no further itl!ms on th~genda, ChatrperS6n L{ ) I~Jr 4 adjourned the Technical Review Committee Meeting at II: a-3. /f'i.. t"-Lf.. J..2f--I, (>2-(, ,)11[["Ltt- A-.;/ -/~J{z/'p~r- tI,1'''/--- Ul/fc?--<,// j j ,,' (J f , - f-tt//l ~'. '~,/ ,~~ - /2d J'7du - ~ ~(y~ /lA-# ftu, c.iL/ {J./] ylc4,~ ~~ c- . //XJ<-v/ (lrh~ r /ld1'7ek ~d~,:_.J. Pt-{u~f - /.UJ~' ~dlAU jH(,-,c<-L<LU elf &:kru. 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" I::t:::r;, ~ ~ !;::t :::~~ H W (1ffi,V/Jffitxoo-t ~.J <d!,), ~ ~ {)G {{);J:tJz(c/l/./ ';k CJ.&~ . . ... tJ..-5^,ft-1<-.y:J' ((~w ,/:.~ l C(~lu?~.1 '-f..1-( J-'7L4J j~ ',J JufU t ~ vJ''/f t/U4<J /liJci~/ .~M)lJ_1IcJ [tYt /lAA2~tli J~'1Z-0 - ~ /!CG -- ',j:!r;t;'/f. ~7J~ FP/~~ /l<--ic , "",)":1 . /r2{tc -d'l1!!-u (.2 it 1~/~<;pJ .) v !ifJf~~fl(tf/~ L- - /)l ()J2"TJA4./ cC-:O ~~i7~' 1 , .c' ' '-/k JeU ~IL G ..-1/J---lLtLJA!7~ ~ C-tLlx-f'L"-' -l)~ CjJ. (l L, -''f... /, . ~; Id!..>. (' iLt.. ~hJ. 'J 0 (r''-- 'd ~r ' ') ~.L-LtL-lL/ {L-i.1. Lti!--<v (f1-)L 1'--1..../ pI_/ J,K/;_A. ~W-tf d- ~j7/. fl,4J JvV'v Vlu--<J </0 1-1 ~J!~I-L ~Lt>L:L J Sb): --1.) t1---"t~J ~c (,0.':i /&i.1^,-0~c . YJ~I !1]w - ~~ ~~c, (~~C---d-1fE" &4) /QiU-'-/LtL t~iL/ ,/Yv....dLC>~ C/0~'~. ... CITY OF OKEECHOBEE TECHNICAL REVIEW COMMITTEE OFFICIAL AGENDA FEBRUARY 22,2006 CITY HALL, COUNCIL CHAMBERS 55 S.E. 3RD AVENUE OKEECHOBEE, FL 34974 PAGE 1 OF2 I. CALL TO ORDER: February 22, 2006, 10:00 a.m. - Chairperson II. STAFF ATTENDANCE - Secretary. Voting Members: Edgar Nazario, Building Official Denny Davis, Police Chief Donnie Robertson, Public Works Director Herb Smith, City Fire Chief Oscar Bermudez, City Engineer Brian Whitehall, City Administrator e Non-Voting Ex-Officio Members: Eddie Trent, Okeechobee County Health Department Jim LaRue, LaRue Planning and Management John Cook, City Attorney John Hayford, Okeechobee Utility Authority Katrina Cook, General Services Coordinator e III. NEW BUSINESS - Chairperson. A. Therapy Center of Okeechobee,Inc. Donna Durand submitted a reduction of parking request for a recently developed project, Therapy Center of Okeechobee, Inc. and Okeechobee Fitness Center. The subject property is located at 306 and 308 Northeast 3rd Street. B. Court Plaza. The application was submitted by Thomas Close on behalf the property owner, CBC Management, Inc. The property owner is proposing to modify a previously approved site plan. The subject property is located in the 300 Block of North Parrott Avenue. FEBRUARY 22, 2006 - AGENDA - PAGE 2 OF .I.. l~E W BUSINESS - Chairperson. C. Old Tyme Construction. Craig A. Smith submitted a site plan on behalf of the property owners, Okeechobee Commerce Center and Land Development, LLC. The application was for the construction of a manufacturing facility in a single phase. The subject property is located on Lots 4 and 5 within the City of Okeechobee Industrial Park. 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 for official records of the Department. e e e e i Thera.py Centet of Okeechobee, Inc. Okeechobee Fitness Center, Inc. 306/308 HE 3rd Street, Okeechobee, FL 34972 (863) 357-4994 Therapy **(863) 357-6900 Fitness Center (863) 357-4912 Fax ~ \ G \blo -r; W~O'" ~+ ~O-j Lo0eJv-n', -r. '----'~~.~ ....JL:t__--V--O- +0 ~~u.JLIQt:., 0- 0>0 "Ii) >J-6..u.cb.-&0. ~ \X>-'-~L':'j ~ <"~ '-oUJO~'~ 00', ~~a-R~ ~\'"'~ e>b ~"'-a\o9!L, D~€ec\'o\c:P-e- ~~~~-S ~bu--. --\~v.. ~\. ~~ C--O~2L e e Shared Use Parkin!! A!!reement Purpose: This agreement is created between The Therapy Center of Okeechobee, Inc. and Okeechobee Fitness, Inc, 306/308 NE 3rd St, Okeechobee, Fl 34972, herein called "the center", and the Okeechobee Church of God, 301 NE 4th Avenue, Okeechobee, Fl 34972, herein called "the church", for purpose of clarifying a shared use agreement for parking between the above referenced entities. As the center is in need of additional parking spaces to satisfy city of Okeechobee business codes, and creation of these additional spaces is impossible under current financial and/or Ieal estate availability to it, the center has sought other means to locate and secure parking rights. As the church is located directly across from the center, has limited normal business hours, and has sufficient parking to satisfy the required city mandated parking for the center, it was approached for this purpose. The purpose of this agreement is in keeping with the friendly, neighborhood spirit of both of the party's and to clearly define the agreement to avoid any possible futjure misunderstandings, The following issues have been agreed upon by signature of the principles of each referenced entity: Terms: 1. II. III. IV. The initial agreement will be considered constituted on the date executed by mutual signature of the principles of each of the above referenced entities, and will be in full force and effect from this date, The agreement willlast in perpetuity unless rescinded in writing by choice of either party. If any term or provision of this agreement is altered, or rescinded, 120 days written notice must be provided the other party in order to allow for that party to make needed other arrangements. During this 120 (lay period, the agreement will be considered in force and in effect under this provisioni The agreement allows the center to make use of the church's south parking lot consisting of 11 marked spaces (inclusive of 1 marked handicap use space) for clients/ staff of the center. The church likewise will be granted use of the centers parking lot, consisting of 18 marked spaces (inclusive of 2 marked handicapped use spaces) for its congregatiion and staff as may be needed for special events, or should the church need to clbse some of its parking in its other lots during renovations or construction which otherwise may place the church in violation of city codes. The church will be compensated for this agreement with the following: A. The pastor of the church will be given a complimentary fitness membership at no charge. Additionally, the immediate family members of the pastor will be included in this membership. For this purpose, the immediate family shall consist of spouse, and any unmarried children living in the same home. This membership will be transferable to the acting pastor should change in pastor occur. B. The members of the congregation of the church will be granted discounted membership status at the rate of $34.00 per month per member. All other fees and rules of the center as published in the membership contract will apply. e e V. While every effort will be made to provide safe parking, the center, nor the church will be considered responsible, or liable for the vehicles or property of their respective members' vehicles, or persons, while using the above referenced parlcing areas. It is a park at the risk and responsibility of the individual members' situation. Any loss due to damage and! or theft will be the responsibility ofthe vehicle owner. VI. Either entity may designate certain days or times of day when parking will be in ~se by it's own facility and therefore not available. VII. Any disputes of this agreement will be attempted to be settled amicably between the duly installed pastor of the church and the principle owner of the center. Should disagreement continue, it is hereby agreed that the dispute will be addressed in Florida courts under the applicable provisions of Florida law. VIII. Should any provisions or terms of this agreement be in violation of Florida law, or the codes and ordinances of the City of Okeechobee, it is understood that they will be altered, or removed to satisfy law while not principally changing this agreement. The following signatures constitute agreement of the above provisions and terms and ,are hereby set forth as binding for both entities as ofthe date of signature. ~7 dl'~ Date ';)-/ ~o / 0 {, Pastor of the Okeechobee Church of God C~CU~OJ\^<"'~ Owner, Okeechobee Fitness Center And Therapy Center of Okeechobee Date d- ~ DCa Notary I have witnessed the above signatures to be oft~dividUa1S listed. Identification used: Drivers License . Personally Known Other, Describe My commission expires on the -' the year 1.()D& If-- pber is Seal of Notary day of Feh III ~4~;T~~} e e CJ.~fNe Corporate Office: 301 N.W. 4th Avenue, Okeechobee, FL 34972 Martin County Office: 10995 S.E. Federal Hwy., #3, Hobe Sound, FL 33455 CONSTRUCTION. INC January 19,2006 Technical Review Committee, Mr. Oscar Bermudez, and Mr. Jim LaRue City of Okeechobee 55 S. E. Third Avenue Okeechobee, FL 34974 Re: Review of Revised Site Plan for Court Plaza Development Dear Technical Review Committee, Oscar and Jim: Please accept this letter as our request for Approval of a Revised Site Plan for the Court Plaza project. We have included a copy ofthe previously approved Site Plan as well as a complete set of the Revised Site Plans (including drainage plans). Also enclosed is our check for the review fee of$465.00. We would like to take this opportunity to apologize for our oversight in forwarding the revised site plan to you for your review. We had assumed that since the square footage of building area had not increased that it would be alright to proceed. We now realize that our assumption was incorrect. We sincerely regret our omission in forwarding this information to you earlier. A summary of the changes made to the site plan are outlined below: - Phase 2 office - previously 5,390 sq. ft. - now 4,140 sq. ft. - Phase 3 office - previously 4,000 sq. ft. - now 5,209 sq. ft. (including mezzanine) - Total Impervious Area- previously 67,421 sq. ft. - now 67,421 sq. ft. Again, please accept our apologies for our oversight. We look forward to receiving your response. Sincerely, ~c?- Thomas C. Close President Corporate Office: (863) 467-0831 · Fax (863) 763-6337 Martin County Office: (772) 546-7150. Fax (772) 545-1079 State License #CGC048773 Commercial Property Development. Residential Construction. Design-Build. Construction Management. Interior Renovations