2006-05-24
CITY OF OKEECHOBEE
TECHNICAL REVIEW COMMITTEE MINUTES
MAY 24, 2006
I. Call to Order - Chairperson.
Technical Review Committee Meeting - Chairperson.
II. Chairperson and Staff Attendance - Deputy Clerk.
Voting Members:
Tom Forbes, Building Official
Brian Whitehall, City Administrator
Denny Davis, Police Chief
Donnie Robertson, Public Works Director
Herb Smith, Fire Chief
Oscar Bermudez, City Engineer
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. MINUTES - Deputy Clerk.
PAGE 1 OF 5
City Attorney Cook called the May 24, 2006 Technical Review Committee meeting to order at 10: 15
a.m.
Deputy Clerk Eddings called the roll.
Present
Present
Absent (with consent)
Present
Present
Absent (with consent)
Absent (with consent)
Present
Present
Present (entered the Chamber Room at 10:10)
Present (Deputy Clerk Eddings was present in the absence of General Services Coordinator Cook)
Present
A. Motion to dispense with the reading and approve the Summary of Action for Public Works Director Robertson moved to dispense with the reading and approve the Summary of
the April 26, 2006 regular meeting. Action for the April 26, 2006 regular meeting; seconded by OUA Representative Hayford.
May 24, 2006 - TECHNICAL REVIEW COMMITTEE - PAGE 2 OF 5
III. MINUTES - Deputy Clerk.
A.
Motion to dispense with the reading and approve the Summary of Action for
the April 26, 2006 regular meeting continued.
VOTE
FORBES - YEA
WHITEHALL - YEA
DAVIS - ABSENT
ROBERTSON - YEA
SMITH - YEA
BERMUDEZ - ABSENT
MOTION CARRIED.
IV. New Business.
A. 13th and 14th Street Extension. The application was submitted by property Planning Consultant LaRue stated by memo that the Planning Staff has no issues with the applicant's
owner Harrison O'Connor. The property owner is proposing to extend two city request to extend Southwest 13 and 14th Streets but they will have to conform to the Land
streets. The subject property is located at Southwest 13th and 14th Streets Development code regulations, specifically Appendix-E Standards for City Street.
between Southwest 10th Drive and Southwest 11th A venue.
Mr. Loris Asmussen, Project Engineer, addressed the committee on behalf of property owner
Harrison O'Connor. He reviewed the application and stated that sidewalks will be a concern since
there is a 50 foot right-of-way leaving inadequate footage left for sidewalks. After a brief discussion
it was suggested to Mr. Asmussen that a 10 foot easement be dedicated to accommodate for
sidewalks and drainage. Mr. Asmussen remarked, property owner would most likely object to the
suggestion since it would make the lots exceedingly small. Attorney Cook stated that he confer with
the property owner to discuss the size of the sidewalks and then asked for comments from the
committee. Mr. Hayford began by discussing the water issues and informed Mr. Asmussen that there
is gravity sewer available on Southwest 10th A venue and was there any thought of extending it to
Southwest 13th and 14th Streets? Mr. Asmussen asked if it would be at the land owners expense, in
which the answer was yes, and then he replied that the extension was not in their thought process as
of yet. Fire Chief Smith stated his concerns being the requirement of aT-turn around for the fire
trucks on Southwest 13th and 14th Streets, and it would have to be 30 feet and able to withstand the
weight of the fire trucks. Administrator Whitehall asked what the developers responsibility was in
regards to the improvement of Southwest 11 th A venue? Attorney Cook replied that there were none.
Since several issues had been discussed Mr. Asmussen requested a list to present to Mr. Harrison,
property owner.
May 24, 2006 - TECHNICAL REVIEW COMMITTEE - PAGE 3 OF 5
IV. New Business Continued.
A.
13th and 14th Street Extension continued.
e
B.
Gilbert Oil Company Bulk Oil Facility. The application was submitted by Gilbert
Culbreth on behalf of property owner 303 Realty, LLC. The property owner is
proposing to construct a new Bulk Oil Facility/Warehouse and Office to the
existing Gilbert Oil Company Complex in a single phase. The subject property
is located at 303 Northwest 9th Street.
e
Fire Chief Smith made a motion to approve the extension of two city streets Southwest 13th and
14th Streets with the following conditions: 5 to 10 foot easement on Southwest 13 and 14th Streets
for suggested sidewalks and swales; T-turnaround for fire truck on Southwest 13th and 14th; clean
out swale on Southwest 11th A venue to appropriate swales on Southwest 14th Street West of
Southwest 12th Avenue; tie into Okeechobee Utility Authority water and sewer; seconded by
Building Official Forbes.
VOTE
FORBES - YEA
WHITEHALL - YEA
DAVIS - ABSENT
ROBERTSON - YEA
SMITH - YEA
BERMUDEZ - ABSENT
MOTION CARRIED.
Planning Staff Report Discussion: This is a site plan review for constructing a new bulk oil
facility/warehouse and office to the existing Gilbert Oil Company complex. In April 2004, the
applicant applied for and received a variance to allow for a 10- foot setback instead of the required
40-foot setback. The property abuts a residentially zoned district to the west and north.
Planning Staff Report Recommendation: Staff recommends denial of the site plan review for
the following reasons:
1. The applicant has not provided a landscaping plan.
2. Applicant has not provided elevation and height of structures on property.
3. See Section 90-343, Special Exception required for storage of hazardous materials
and flammable liquids.
4. There should also be a clarification by the Board of Adjustment that the new
building is not greater than was contemplated at the prior approval.
Mr. Steve Cooper, project engineer, began the discussion by stating that they did have a variance
for the setbacks which was granted in 2004. Attorney Cook clarified that there was no further need
of discussion in regards to the Variance as it pertains to the North and South 2004 proposed
building.
May 24, 2006 - TECHNICAL REVIEW COMMITTEE - PAGE 4 OF 5
IV. New Business Continued.
B.
Gilbert Oil Company Bulk Oil Facility continued.
Mr. LaRue agreed with Attorney Cook that after reviewing the site plans submitted there was little
difference so there was no need for another variance.
Mr. LaRue suggested a Special Exception application be submitted to allow bulk storage of
hazardous material and flammable liquid and noted that number 4 as listed above was sufficient
without further clarification but still needs landscaping plan. Fire Chief Smith remarked that his
concern was the construction of the building, CBS block 10 feet up and setbacks. He wanted to
be sure the safety of residents in area was secure, but will put in letter form conditions requested.
Attorney Cook stated City Engineer's concern, in his absence, being parking. Mr. Cooper replied
that the spaces were striped and should it be necessary the spaces can be moved. Administrator
Whitehall remarked that there were gas pumps that would need to be relocated. Also, it was his
understanding that the building would be moved back 15 feet for water retention, but is not the case
now. Mr. Cooper stated that there is enough room in the rear for a swale to catch the roof run-off
which is adequate to serve the new development area, it being 10 feet 4 inches from the property
line. Mr. Hayford, had no comments since the property was already on sewer/water. Mr.
Robertson had no comments. Mr. Lowry Markham, applicant on behalf of property owner 303
Realty asked for clarification of the variance. Attorney Cook replied that the variance of the 10
foot setback applies to the drawing which was submitted, as Mr LaRue stated previously, the
variance was applicable to the structure. Mr. Markham reiterated that the building at site now is
approved with the 10 foot setback variance and should a structure be constructed on the north end
then they would have to resubmit for a variance. The answer was yes. Mr. LaRue explained that
the variance goes with the property, and since the structure was present at the time the variance was
granted, the structure goes with the variance. Mr. LaRue also explained that the building that they
are approving today is similar to the structure which was granted with the variance so it is OK, but
should it be expanded to a new area then they would have to have a new variance because of the
increase of the area the variance was granted for, and then they would have to prove hardship. We
are being lenient since the building submitted is similar to the one before. There was no further
discussion.
Ma 24, :lOO(J - l~Ct1NILi\.L ftIH II".. '-''-'nUUH ~__ _ ___
IV. New Business Continued.
B.
Gilbert Oil Company Bulk Oil Facility continued.
V. 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.
Attorney John Cook, Chairperson
ATTEST:
Melisa Eddings, Deputy Clerk
Fire Chief Smith motioned to approve the application submitted by Gilbert Culbreth on behalf of
property owner 303 Realty,LLC, to construct a new Bulk Oil Facility/Warehouse and Office with
the following conditions: subject to landscape design; detail of OUA hook-up; striped parking
spaces; letter of fire safety requirements per Chief Smith; seconded by Building Official Forbes.
VOTE
FORBES - YEA
WHITEHALL - YEA
DAVIS - ABSENT
ROBERTSON - YEA
SMITH - YEA
BERMUDEZ - ABSENT
MOTION CARRIED.
There being no further items on the agenda, Chairperson Attorney Cook adjourned the Technical
Review Committee Meeting at 10:48 a.m.
PAGE -1-
CITY OF OKEECHOBEE - May 24, 2006 -
TECHNICAL REVIEW COMMITTEE - HANDWRITTEN MINUTES
I. CALL TO ORDER - Chairperson: May 24. 2006 Technical Review Committee
Meeting. /O:JlJ a.m.
II. STAFF ATTENDANCE - Secretary
Tom Forbes, Building Official
Brian Whitehall, City Administrator
Denny Davis, Police Chief - r t.J-
Donnie Robertson, Public Works
Director
Eddie Trent, Okee County Health
Dept. NO C.oMM. carr5
Herb Smith, Fire Chief
John Cook, Attorney
Jim LaRue, LaRue Planning and
Mgmt. 1 . . . . Q.
JOh~'t~~~dr~j~uA
Oscar Bermudez.;. Engineer -
0(.(/0,- 7tJWN
Betty Clement, General Services
Secretary
Melisa Eddings, Deputy Clerk
'1JuL~~
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Present
Absent
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PAGE -2-
III. NEW BUSINESS - Chairperson.
A. 13th and 14th Street Extension. The application was submitted by property owner Harrison
O'Connor. The property owner is proposing to extend two city streets. The subject property
is located at Southwest 13th and 14th Streets between Southwestl Oth-Driveand Southwest 11 the"~,
A venue.
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~.}~ B. Gilbert Oil Company Bulk Oil Facility. The application was submitted by Gilbert
,,\y ~ Culbreth on behalf of property owner 303 Realty, LLC. The property owner. is
y/~ pr.oposin~ to constru~t a new ~ulk ?il FacilityIWarehou.se and Offic~ to the existing
GIlbert all Company Complex m a smgle phase. The subject property IS located at 303
Northwest 9th Street.
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IV. There being no further items on the agenda, Chairperson ~h t'\ CooL adjourned
the Technical Review Committee Meeting at I" :,'!-7 a.m.
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PAGE-1-
CITY OF OKEECHOBEE - May 24, 2006 -
TECHNICAL REVIEW COMMITTEE - HANDWRITTEN MINUTES
I. CALL TO ~~DER - Chairperson: May 24. 2006 Technical Review Committee
Meeting. I O',t'S a.m.
II. STAFF ATTENDANCE - Secretary
Tom Forbes, Building Official
Brian Whitehall, City Administrator
Denny Davis, Police Chief
Donnie Robertson, Public Works
Director
Eddie Trept, Okee County Health
Dept. /J D ~'YV-- V\JJJ-5
Herb Smith, Fire Chief
John Cook, Attorney
Jim LaRue, LaRue Planning and
Mgmt.
John Hayford, OUA
Oscar Bermudez, Engineer
Betty Clement, General Services
Secretary
Melisa Eddings, Deputy Clerk
Present
Absent
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III. NEW BUSINESS - Chairperson.
1 PAGE -2-
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13th and 14th Street Extension. The application was submitted by property ow~er Harrison
O'Connor. The property owner is proposing to extend two city str:ets. The subject propert~
is located at Southwest 13th and 14th Streets between Southwest 10 Drive and Southwest 11
Avenue.
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PAGE -3-
B. Gilbert Oil Company Bulk Oil Facility. The application was submitted by Gilbert
Culbreth on behalf of property owner 303 Realty, LLC. The property owner is
proposing to construct a new Bulk Oil Facility/Warehouse and Office to the existing
Gilbert Oil Company Complex in a single phase. The subject property is located at 303
Northwest 9th Street.
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the Technical Review Committee Meeting at / C . ~ a.m.
IV.
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1375 Jackson Street, Suite 206
Fort Myers, Florida 33901-2845
Phone: 239-334-3366 Fax: 239-334-6384
Email: larue-planning@att.net
LaRue Planning &
Mana ement Services, Inc.
Staff Report - Site Plan
REVIEW
Prepared for: City of Okeechobee
Applicant: Gilbert Oil Company
Staff Report
Site Plan Review
Applicant's Name: Gilbert Oil Company
General Information
Owner:
Owner Address:
Gilbert Culbreth
3559 Hwy 441S
Okeechobee, Fl 34974
Owner Phone Number:
863-763-1155
Legal Description of Subject Property:
Lots 5, 6, 21 and 22, Block 38, Okeechobee, according to the plat thereof recorded in Plat Book 5,
Page 5, public records of Okeechobee County, Florida, together with the 20 foot wide alley in said
Block 38 lying between said Lots 5, 6, 21 and 22.
Discussion:
This is a site plan review for constructing a new bulk oil facility/warehouse and
office to the existing Gilbert Oil Company complex. In April 2004, the applicant
applied for and received a variance to allow for a 10-foot setback instead of the
required 40-foot setback. The property abuts a residentially zoned district to the
west and north. (See attached report and application for backup information.)
Findings:
Existin2 Provosed
Land Use Bulk oil and storage Same
Future Land Use Map Industrial Same
Zoning IND Same
Required Provided
Density NA NA
Min Lot Area As needed 60,000
Min Lot Width None 200 feet
Setback Requirements
Front 25 feet 35 feet
Sides 15 ft/14 ft to residential East: 10 feet as per 04-002- V
West: 24 feet (existing office
structure)
Rear 20 ftJ40 ft to residential 120 ft
Max Lot Coverage 50% 21.11 %
Max Imperv Surface 85% 52.03%
Maximum Height 45 ft Not provided
Parking Office Warehouse Office Warehouse
Number of spaces 11 6 17 total
Staff Report
Site Plan Review
Applicant's Name: Gilbert Oil Company
Landscaping
Parking Area
Buffer
4 trees 12 shrubs
10 ft to street and 2 ft to
property line
Not provided
35 ft to street and 3 feet to
property line
Recommendation:
Staff recommends denial of the site plan review for the following reasons:
1. The applicant has not provided a landscaping plan.
2. Applicant has not provided elevation and height of structures on property.
3. See Section 90-343, Special exception required for storage of hazardous
materials and flammable liquids,
4. There should also be a clarification by the Board of Adjustment that the new
building is not greater than was contemplated at the prior approval.
Submitted by:
James G. LaRue, AICP
Planning Consultant
May 17,2006
City of Okeechobee
General Services Department
55 S.E. 3rd Avenue, Room 101
Okeecho , Flor' 34974-2903
Phone. ext.218
Fa. .
Fee Paid:
Ott -DOJ -V
Jurisdiction: eo.jq
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1st Hearing
Publication Dales
Notices Mailed
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Owner mailing address: p. Q. 60-1- b't ~ Dk.J;.r.C-4-~O 0~ '=:. ~ 3c.1-q t "3
Name of applicant(s) if other than owner (state relationship): /" a. ,'j - C '0 _
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Applicant mailing address: ~'Z/. B":1'Jt <tiLlS Ok.'i:.4l.C.4v\3k'k h 3<t'173
Name of contact person (state relationship): e (,c;, ,
Contact person daytime phone(s): 7 W 3 ,- II S-~.....
Fax: ?~3 -3{pY (
v' Property address I directions to property: .30 Z- N 4J. ql-h. efff'
Indicate current use of property: ;S'TO\2.A. (,...k 6...,. '-b ; N{..r 'f; \Z... i3 ;) ...t.4 o\~ D~ ro I
Describe improvements on property, including 'number/type of dwellings and whether occupied (if none, so state):
2, ot:sO SG:. Fr .?T"-~ L. B'~, ~v/,v L- W / PAJ.L.k..ltv L.- ~j..'~(.<- ')
Approximate number of acres: O. &1 Is property in a platted subdivision? v'ES
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Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe:
P I\J{)
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0 Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date,
P nature and applicant's name: ' NO
E
R Is a sale subject to this application being granted? NO
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Y Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses:
~\f:> 'A()~", ..!iN\ OWNS L<;>.~ 3 4- 23 Af'oJf Z~ To €A '7r .
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Describe adjoining land uses / improvements to the North: ? IIZ. t.t. \ THfN ,?"1 ....- T f ~ WI , \....j .
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South: ~I;z.t:~'- TH~.u WN~~~\i East~ <0\ L D~v'-'\ West: f)1.; ;"'1\
Existing zoning: ,:c~O Future Land Use classification: :I="-l(:>
~ Rezone L-J Special Exception c!J.
Actions Requested: ' VarIance
Parcel Identification Number: 3-1S-- 31-'36- VOIO "003 B 0 ~ 00 -;-0
v'
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 (iry ofOkeechobee in processing my request. False or misleading information may be punishable by a fine of up to
$500.00 and imprisonment of p to 30 days and may result in the summary denial of this application.
~
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Printed Name ...
..,S- /.?-D f
Date
Uniform Land Use Application (rev, 1/031
Page I of 2
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Requested zoning classification:
What is your desired permitted use under the proposed classification:
If granted, will the new zone be contiguous with a like zone?
Is a Special Exception necessary for your intended use?
Variance?
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- Describe the Special Exception sought:
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C Provide specific LDR ordinance citation:
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Are there other similar uses in the area? Is so, describe:
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E Why would granting your request be in the best interest of the area and residents?
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0 If business, briefly describe nature including number of emp [oyees, hours, noise generation and activities to be
N conducted outside of a building: .
Describe Variance sought: Kf:D v c. Tl () rV .::1- m, N; ,v7v.1'\ 'f.\R-O i<= e- Q ,J I tZ.~ W1~/..,) i
'-- o.'V Lv ii::c".'-~ PI~Cf't':" ''1 LCN ~.. C cO t: !~EQ.v\ ell S 40 F€k.:.' {.,oJ i-t E.,.j
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C Did you cause or contribute to the characteristic? Is so. describe:
E No
What is the minimum variance necessary?
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Uniform Land Use Application (rey 1/03)
Page :2 of 2
-".' "'~"'-"" --.-. .;.J -.
"K<E-N>NEDY, "L
CONSULTING CIVIL ENGINEERS
& LAND DEVELOPMENT
CONSULTANTS
MARCH 19, 2004
APPUCANT'S STATEMENT OF INTEREST AND INFORMATION IN SUPPORT OF REQUEST
FOR VARIANCE FOR PARROTT, INC. PROPERTY LOCATED AT 302 N.W. 9th SlREET
PARROTT, INC., ALONG WITH ITS' SISTER COMPANY, GILBERT OIl, HAS OPERATED A BULK
OIL 1ERMINAL AND REFUELING DEPOT AT THIS LOCATlGN FOR OVER 30 YEARS. THE ACTUAL
TERMINAL WORKS ARE LOCATED ON THE PROPERTY DIREC1LY EAST OF THIS PROPERTY. IT
HOUSES AN OFFICE BUILDING, FUEL STORAGE TANKS. FUEL AND Oil TRANSfER STATION AND
A REFUEUNG TERMINAL FOR lARGE mUCKS AND CORPORATE FLEE1S. THE PROPERTY FOR
WHICH THIS REQUEST IS BEING MADE CONTAINS A SMALL SlEU BUILDING WITH ATTACHED
COVERED WORK AREA FOR TRUCK MAINTENANCE AND A LARGE SHELL PARKING AREA. THE
EXIS11NG BUILDING CURRENTLY DOES NOT MEET 1l-lE REQUIRED SETBACK FOR INDUSTRIAL
PROPERTY ADJACENT TO A RESlDENllAL ZONING DISTRICT (PLEASE SEE ATTACHED SURVEY).
HOWEVER, THE EXIS11NG INDUSTRIAL USE PREDATES "THE ADJACENT RESlDENllAL USE BY
MORE THAN 10 YEARS. IT IS OUR BELIEF THAT THE RESIDENllAL DISTRICT WAS NOT COMPATIBLE
WITH "THE INDUS1RIAL USES IN THIS AREA WHICH ARE LOCA1ED IN THE NEXT BLOCK NOR"TH OF
A RAILROAD WHICH HAS BEEN ACTIVE SINCE 1927. ALL OF THE OTHER USES ON THIS STREET.
WITHIN 500 FEET EAST AND WEST, ARE OF AN INDUSTRIAL' NATURE AND THE APPUCANT
SIMPLY WANTS TO ENJOY THE FUll.. USE OF TI-iE LAND.
THE PROPOSED USE OF THE LAND, IF THIS APPUCA TlON IS SUCCESSFUl, Will.. BE A NEW
OFFICE BUILDING FOR THE GILBERT OIL OPERATION. THIS BUILDING (PLEASE SEE ATTACHED
SHE PLAN) Will.. ALSO CONTAIN SOME OIL STORAGE AREAS AND OTHER STORAGE AND
MAINTENANCE AREAS. THE APPUCANT WISHES TO LOCATE THE BUILDING AS FAR AS POSSIBLE
FROM THE EXIS11NG TERMINAL AS POSSIBLE FOR SAFElY PURPOSES AND ALSO TO ALLOW
ADEQUATE CLEARANCE BElWEEN THE EXISllNG BULK OIL OFFICE BUILDING AND lHE NEW
BUILDING FOR. THE LARGE TRUCKS WHICH FREQUENT THIS FAClUTY. IF THE 40 FOOT
REQUIRED~SET8ACK WERE TO BE MAINTAINED, THE SITE WOULD NOT BE BUILD ABLE AS
THIS WOULD LOCAlE THE NEW BUILDING TO CLOSE TO THE EXISllNG FACIUllES TO AU.OW
THE OPERAllON OF LARGE TRUCKS BETWEEN BUILDINGS. IT WOULD FORCE ALL TRUCK TRAFFlC
TO PASS BETWEEN THE NEW BUILDING AND THE RESIDENllAL PROJECT, BUT THIS WOULD BE
A GREATER IMPACT ON THE RESIDENCES THAN A BUILDING WHICH HOUSES PASSIVE USES.
IN SUMMATION. WE BEUEVE THAT THE LOCAll0N OF "THE PROPOSED BUILDING AT THE
10 FOOT SElBACK WILL INCREASE THE SAFETY LEVEL AT THE OIL DEPOT AND ALSO
GUARANTEE THAT THE RESI~ENllAL USE TO THE WEST WILL BE PROlECTED FROM FURTHER
EXPANSION OF THE AClUAL FUEL AND OIL HANDUNG WHICH CURRENTLY OCCURS AT THIS SITE.
THE BUILDING WILL AClUALL Y BE A BUFFER BETWEEN THE HOMES AND THE TRUCK
'TRAFFIC AND FUEUNG ACllV111ES WHICH OCCUR ON A CONSTANT BASIS.
1 aa BDUT11 RIDIIEWaDD
.E...INII, F'LDRIDA aall70
F'AX - .6_"71...1.
E-MAIL - _NKD"I'L_~.-T
IV. NEW BUSINESS.
A.
Consider Petition 04-002- V: H. G. Culbreth, owner of Parrott, Inc. is the property
owner and applicant. The property is located at 302 N.W. 9th Street. The
purpose for the request is to allow for a reduction of minimum yard requirements
from 40 feet abutting a residential zoning district to 10 feet on theW est property
line within an Industrial (IND) zoning district - Exhibit 1.
.
Summary of Application: Parrott, Inc. is the property owner, Gilbert Culbreth is the owner of
Parrott, Inc. Jeff Kennedy, acting as agent on behalf of the property owner, is requesting to allow
for a reduction of the minimum yard requirements from 40 feet abutting a residential zoning district
to 10 feet on the West property line within an Industrial (IND) zoning district. Mr. Culbreth is
proposihg to demolish the existing building~ and use the same footing to build a new commercial
structure.
Jim LaRue, City Planning Consultant, briefly explained the Planning Staff Report to the Board
Members.
Planning Staff Report Introduction: The applicant is requesting a variance from minimum yard
setback requirements of the City of Okeechobee Land Development Code to allow for 10 foot
setback in the Industrial Zoning District instead of the 40 foot required because the building is next
to a residential area. Presumably, the building predates the Industrial setback rule for residential
uses.
Planning Staff Report Discussion: After reviewing this application, Staffhas determined that the
request generally does satisfy the criterial outlined below for granting the variance: (A) Special
conditions and circumstances exist which are peculiar to the land or structure involved, and are not
applicable to other land or structures in the same zoning district. Yes, the existing building has
been located on this lot for more than thirty years and predates the adjacent residential use by ten
years. The owner wants to maintain the current ten foot setback to utilize the existing foundation.
If the applicant has to meet the required forty foot setback to residential, then the trucks which are
loaded on this site will be forced to drive between the building and the residential use thus creating
more of a safety hazard. (B) The special conditions and circumstances do not result from actions
of the applicant. No, the area was industrial before the residential was built and the owner wants
to maintain the current setback. (C) Literal interpretation and enforcement of the Land
Development Code would deprive the applicant of rights commonly enjoyed by other properties
in the same zoning districts under the terms of the Land Development Code, and would work
unnecessary and undue hardship on the applicant. Yes, it would prevent a logical upgrade of an
old building. (D) The variance, if granted, is the minimum variance necessary to make possible
the reasonable use of the land or structure. Yes, the owner.simply wants to rebuild the existing
structure to update the building. It is not the maximum variance that could be requested. (E)
Granting the variance request will not confer on the applicant any special privilege( s) that is (are)
denied by the Land Development Code to other land or structures in the same zoning district. No,
other industrial properties in this area have similar circumstances. The granting of this variance
j
}
L~___
NEw BUSINESS CONTINUED.
if
i
A~
Consider Petition 04-005-SE, continued.
will not confer any special privilege to the owner, but will allow needed improvements. (F)
Granting the variance will be compatible with the intent and purpose of the Land Development
Code, and the variance will not be injurious to the neighborhood or detrimental to the public
welfartt. Yes, the variance will maintain the safety buffer that already exists and bring a 30- year
old building. up to Code.
Planning Staff Report Recommendation: Staff recommends approval of the request to allow a
variance from the forty-foot setback requirement.
I
I
There was no public comment. There was no comment from the Board.
Board Member Ledferd motioned to approve Variance Application 04-002- V; seconded by Board
Member Keller.
~
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VOTE
HOOVER - YEA
JONES - YEA
KELLER - YEA
LEDFERD - YEA
MA VROIDES - YEA
MCCoy - YEA
WALKER- YEA
MOTION CARRIED.
ADJOURNMENT - Chairman
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Board of Adjustment
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.
There being no further items on the agenda, Chairperson Walker adjourned the meeting at 7:08
p.m.
Jerry Walker, Chairman
ATTEST:
Katrina Vinson, Secretary
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This is a list of Iffiterial that will be .
stored ill the tank( ) .
provided b the . s at Gilbert Oil Cc:mp3n
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LARUE PLANNING & MANAGEMENT SERVICES, Inc.
1375 Jackson Street, Suite 206
Fort Myers, Florida 33901-2845
239-334-3366 . FAX: 239-334-6384
e-mail: 1arue-p1anning@att.net
Memo
To:
TRC Members
From:
James G LaRue, AICP
Date:
May 15, 2006
Subject:
Site Plan Review for O'Connor
The appJicant, Harrison O'Connor, is requesting to extend SW 13th Street and S.W J4th
Street. The applicant will have to conform to the Land Development Code regulations, specifically
Appendix E-Standards for City Streets. As such, Planning has no issues with the applicant's request
JGL:lk
Pre TRC Meeting Minutes
May 22, 2006 10:00 A.M.
Those present at pre meeting: Brian Whitehall, Lowry Markham, Fire Chief Herb Smith,
Building Official Tom Forbes, Police Chief Denny Davis, Public Works Director Donnie
Robertson, City Engineer Oscar Bermudez, and General Services Secretary Betty Clement.
First on discussion Gilbert Oil:
Fire Chief Herb Smith had issue with the door concerning flammables and the 75' door on back.
Lowry said he didn't know why the engineer didn't draw the door on the plans.
In the Ind. zoned area all flammable's listed for storage at Gilbert Oil need special exception
status. Brian asked for input on this subject. All agreed that special exception is needed. Brian
stated that Gilbert Oil should go through the Special Exception process. Need to have the
paperwork turned in by May 26 to make the June meeting. Donnie stated that since they are
already existing they didn't need the special exception, but Brian stated that since there will be a
new facility that all should be brought up to current code. Herb stated that all listed are class 3
combustibles rated by NFP A. He also stated that MSDS needs to submit paperwork to him
yearly on all flammable's that Gilbert Oil stores. Brian stated that the Special Exception should
be a slam dunk. Tom advised that a special exception is the cleanest way to stick to code.
Lowery will get the Special Exception petition filed by Friday, May 26th. Herb requested
quantities for the flammable's that are to be stored. Lowry stated that all gas is underground,
only oil in the storage tanks.
Brian asked about the height of the building, Tom Forbes, Building Official furnished building
plans. 22' eave, based on the pitch the height of the building would be approximately 22'. Brian
stated when LaRue writes there is no indication of height, what do we do? Tom said that the foot
print is the only thing needed for height. Brian stated the Utah project did not have height on the
foot plan. Tom stated that should always be on the foot plan in a generic fashion. Prior 2004
BOA minutes states same foot print for building, when actually the building they now want to
build is larger by 20'. Old building showed 50' X 125' and the new building shows 50' X 145'.
Brian asked if a new Variance was required due to the size of the building changing. Tom stated
no, the variance that was submitted in 2004 all that was asked for was from 40' to 10' for the
variance, nothing about the size of the building. Brian said he thought that if anything was
different from that variance (size of building), that a new variance should be applied for. Tom
stated the variance was for land and not for the building.
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Page 2
Brian stated that the minutes from the 2004 BOA meeting are erroneous, because of the building.
Brian and Tom discussed the variance issue. Do we need a new one? Uncertain. Land related or
building related, that's the issue. Not clear! We don't just issue a variance and then give the
applicant cart blanche, ok for existing foot print, not new building. We need some ambiguity.
John Cook needs to weigh in on the issue. Brian will go talk with John and ask about ambiguity.
We have time to go for a new Variance petition (May 26 for June meeting).
Lowry stated Brian should read the application letter submitted with the 2004 variance for
clarification. Brian stated that the letter further solidifies the issue. Brian will get with John
Cook for clarification. Tom states he feels the letter solidifies the land issue. Brian and Herb
both feel a new variance should be applied for. Lowry said the size of the building was not
stated. Not part of the variance. Herb stated that if you give generic set back purposes, you may
put the general public in the surrounding area at risk, due to the materials that are to be stored.
Tom stated that future variances should be specific to the building and the land. Lowry stated the
motion for the variance carried the usage. Brian said the minutes from the 2004 variance doesn't
juristic the motion. Almost like completely ignoring the application, Brian said he looks mainly
at the building. We need to sit down with the BOA to make sure that the issue is clear for future
varIances.
Quick discussion on landscaping - Brian asked why, when always specified, that landscaping is
needed and required, no one complies. City is not unreasonable - but do what you can to make it
look nice. Lowry stated that there will be a grassy area around the water retention pond, also
bushes along west side. There is a fence along the west side of the property. Lowry said not
much to landscape. Swale on the east side. Brian said there has to be an attempt at landscaping.
Brian asked what the policy for the City is regarding old use going to new use in existing facility.
Brian said he gets the impression we are a little lax on bringing things up to code when they
change hands, if the business stays the same. Oscar stated that we cannot do anything about the
building, but we can make the new business (same or otherwise) bring the parking up to current
codes, including water retention. When it is pre-existing, there is 6 months to convert to current
codes. In the event of a hurricane we can be a little more lenient. Tom stated change of use
should always trigger uniformity to current codes.
Brian asked if there were further issues. Oscar stated there was a parking issue on the east side of
the building. A parking place 12' away from the gas pump is not very practical. Need to be
reconfigured. LaRue didn't list as issue. Brian stated they are not ideally laid out. Lowry stated
that they can be changed. to the north side by the fence line. There are 3 places available there.
Lowry stated that most of the parking places are for the workers or for take out. Not for the
general public.
Lowry asked at the Wednesday meeting what was needed from them. Parking?, new site plan to
reflect changes. Oscar spoke with Engineer. Lowry will get with Billy White.
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Page 3
13th and 14th Street Extension
Brian stated that he, Oscar and Donnie looked at the location a while ago. The main discussion
was the sidewalks and water retention (swales). Oscar stated that there was not enough land
without granting an easement to have swales and sidewalks. All agreed that the swales are more
important. Tom stated that it would make sense to grant the easement for the sidewalks and have
the developer put them in, because sometime in the future if the developer didn't put them in the
City would have to. Donnie asked if we could get easement for swale and put sidewalks next to
road. Chief Davis and Chief Smith both stated that it was to dangerous to have the sidewalks
located next to the road. Brian asked if we were prepared to push the developer at the meeting to
put in the sidewalks, He will check with John on the legality of the sidewalks. We need
sidewalks no matter how we go. It was asked if there was a tax base for sidewalks, no, just for
property. There is a beautiful tree on the easement. Just put the sidewalk around the tree. It's
been done in the city before.
Donnie stated that the existing swales are inadequate. Small ditch, not nice swale. More water
will come with development. Need adequate swales. Need to tie into 12th street. Need to make
sure to establish how to handle the water. Oscar stated there could be a lot of run off, need water
retention? Might need to add to code for home owners to hold some of own water run off.
There was some discussion on subdivisions. Brian asked about the subdivision code for streets.
It was stated that this land was already subdivided, so the new subdivision rules did not apply.
The land was platted many years age. Oscar says the developer will combine some lots.
Brian stated that he would get with John Cook regarding the easements.
Issue was brought up on the South end where the main drain is. Brian, Oscar and Donnie will
look at again.. How to get across 11 th to 12th?
Herb may run into issue turning the fire truck around. Needs 300' to turn the truck around. We
can require a T for the FD truck turn around.
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