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2008-12-17
CITY OF OKEECHOBEE TECHNICAL REVIEW COMMITTEE OFFICIAL AGENDA DECEMBER 17, 2008 CITY HALL, COUNCIL CHAMBERS 55 SOUTHEAST 3 AVENUE OKEECHOBEE, FLORIDA 34974 1. CALL TO ORDER DECEMBER 17, 2008, 10:00 a.m. Chairperson. II. STAFF ATTENDANCE General Service Coordinator. Voting Members: Non Voting Ex- Officio Member: Ray Schaub, Building Official Denny Davis, Police Chief Donnie Robertson, Public Works Director Herb Smith, Fire Chief Oscar Bermudez, Engineer Brian Whitehall, Administrator John Burton, Okeechobee County Health Department John Hayford, Okeechobee Utility Authority Bill Brisson, LaRue Planning and Management John Cook, City Attorney School Representative Betty Clement, Secretary III. MINUTES Secretary. A. Motion to dispense with the reading and approve the Summary of Technical Review Committee Minutes for the November 19, 2008 regular meeting. 111. NEW BUSINESS Chairperson. A. David and Anita Nunez 08- 013 -TRC. The application was submitted by Anita Nunez on behalf of property owners for property located at 701 NE Park Street, Okeechobee, Florida. The site plan review is to construct a 12,400 square foot office /retail with 6,615 square foot for a billiard center. This is the first phase of a multiple phase project Senior Planner. Note: Postponed from October regular meeting for contingencies. B. AMSA Holdings LLC 08- 014 -TRC. The application was submitted by Asmussen Engineer LLC on behalf of property owners AMSA Holdings LLC Shakoor for property located at 608 NE 2 Avenue, Okeechobee, Florida. The site plan review is to construct an assisted living facility with parking in a single phase Senior Planner. IV. ADJOURNMENT 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. Media is the sole purpose of backup for official records of the Department. 1 I. CALL TO ORDER Chairperson: December 17. 2008 Technical Review Committee Meetina. 10:00 a.m. II. STAFF ATTENDANCE Secretary Non Voting Ex Officio Member: III. MINUTES Secretary. A. Motion to dispense with the reading and approve the 2008 regular meeting. JaLL- moved to dispense with the reading the November 19, 2008 regular meeting; seconded by VOTE Bermudez Davis Schaub Robertson Smity.. itehall APPROVED Administrator Whitehall Building Official Schaub Chief Davis Chief Smith Engineer Bermudez Public Works Director Robertson Attorney Cook County Health Department Burton Senior Planner Brisson OUA Hayford School Representative Secretary Clement DENIED 1 YEA X( CITY OF OKEECHOBEE DECEMBER 17, 2008 TECHNICAL REVIEW COMMITTEE HANDWRITTEN MINUTES Present, NAY I ABSTAIN Absent X WITH CONSENT PAGE -1- Summary of Technical Review Committee Minutes for the November 19, and cr aps a the Summary of Technical Review Committee Minutes for ABSENT X frytk- IV. NEW BUSINESS Chairperson. A. David and Anita Nunez 08- 013 -TRC. The application was submitted by Anita Nunez on behalf of property owners for property located at 701 NE Park Street, Okeechobee, Florida. The site plan review is to construct a 12,400 square foot office /retail with 6,615 square foot for a billiard center. This is the first phase of a multiple phase project Senior Planner. Note: Postponed from October regular meeting for contingencies. Discussion: 1 1 S f NiAavy, 4 :0} 0 AAm 4t, uort.tk 1434,+. Q lie 1•11I• .i.: .:.I 3w m tin ((MM f NTS ?),AiL PAGE -2- 1 AlMrianglCM. -0. .1 1 /ill. /ft. Ail r. 'Lei ,1 I AL 2 iN,141:d.efaUA PYL Ae f 1 it it it_ e 1 V 4 C i 4 of U) n rC$ be ,,--i, -L-W k-- .1 /10#t 0-Pi.izttAnA 44 sue 444 t-f1 'a•-1.M• s oq am: Al �4 LA� i 6 C f mil /00 avrtoi 6Wte A R cteu I ?`o iA0 eo PtctL-M sFik) 0464 AA c-st-Qe. )-e- j20.14.A) t f.. Stai )10,4,a-jud-(AAA codtu, e,67,,,nt tik) 0 S t0"` A 'OA -1. 41-1-ei.- JAL) d ,i‘AA 4 04v- 1' Lo 6b44.0,,, aG-,44-u-xibelyt.edi LAA- ,hAAA- (a_d4ru 5_.,P-Y-"d- AA4----7. J- AA aik-t-A-7 cam f nd, .!:lt‘,L-#Li-,L,: VAL- id-(/'," rv‘' C ",dLk- C I II L.t%J_ -N(•-uk L *AAt 1 -1- 7 l'G' 5 4-)A at OS' E --fz,o 0 -yyL0-14 cd- Li i)5 -'rt° p&J",--Z p )t,t:„_44 ?2b--)uuroth4 fro"1 ,(4,3 f201AxuL_ Too tee-— r w -:(1,,A7&7!-y)Atte_ D A,4,af,c= S 16- Dec -08 Nunez Plaza Site Plan Review Westside of Taylor Creek North side of hwy 70 Okeechobee, FL. 34974 Betty, I only have a few minor things: 1) Still need data on hydrant flow and size of mai 2) Need size of pipe running to Assembly building to ensure a equate size D+ 3) Keep in mind that the present plan will be adequate for the one hydrant but in the future when the property is being built northward this will require a hydrant inside the property to protect additional buildings. You may want to install a 6 inch main through the property to prepare at this time for the future or it is possible that the smaller pipe would have to be replaced later on which can be more costly. Suggest approval with contingencies Motion: Contingencies: VOTE 1 1 Bermudez Davis 1 Schaub Robertson Smith 1 Whitehall 1 MOTION: YEA x PAGE -3- �811nu� made a motion t• approv deny final site plan review to construct a 12,400 square foot office /retail with 6,615 square foot for lard center. This is the first phase of a multiple phase project for pro rty located at 701 NE Park Street, Okeechobee, Florida. (list contingencies); seconded by (A o NAY I ABSTAIN ABSENT 2 X APPROVED I DENIED B. AMSA Hofdi Sys LLc, 08 014 -TRC. The application was submitted by Asmussen Engineer LLC on behalf of property owners AMSA Holdings LLC Shakoor for property located at 608 NE 2nd Avenue, Okeechobee, Florida. The site plan review is to construct an assisted living facility with parking in a single phase Senior Planner. Discussion: f; AQ 11/1111 s S r,c r LL 7 1 11 n 9 £&f -4314 ma (.0 EL (d0A0 hit 61(2,_,/ CeDvx.4:n—fs„ 16- Dec -08 ALF Site Plan Review 608 NE 2 ave Okeechobee, FL. 34974 Betty, After looking over all the issues from LaRue I don't think there is any way we can approve these plans at this time so I would vote against approval based upon the numerous outstanding issues but that is just my opinion. I only have a few minor things: 1) Hydrant information required for the flow rate which OUA will have to supply. 2) Need size of the main of the hydrant (OUA can answer) 3) No Parking (Fire Lane) signs to be posted on the building or near the wall on the parking side. These items would not cause me to vote against approval (FYI) z5\\A-\\- t\G ikr 7 y E 010 yes 0 56 A 7 PAGE -4- Je yes 1•"-46 et-ae 6-1-L Motion: Bermudez Davis Schaub Robertson Smith Whitehall MOTION: VOTE YEA "&i made a motion n annrnv S den y fine site plan review facility with parking in a single pha operty located at 608 NE V Avenue, Okeechobee, Florida. (list contingencies); seconded by NAY I ABSTAIN ABSENT PAGE -5- PROVED DENIED V. There being no further items on the agenda, Chairperson ]61 adjourned the Technical Review Committee Meeting at V.10 a.m. X Administrator Whitehall Engineer Bermudez Chief Smith Chief Davis Non Voting Ex- Officio Member III. Minutes Secretary IV. New Business Chairperson MINUTES OF t Ht TECHNICAL REVIEW COMMITTEE WEDNESDAY, NOVEMBER 19, 2008,10:00 A. M. CITY OF OKEECHOBEE 55 Southeast 3rd Avenue Okeechobee, Florida 34974 I. CALL TO ORDER Chairperson The meeting was called to order by Chairperson Brian Whitehall. 11. STAFF ATTENDANCE Secretary PRESENT: PRESENT: County Health Department Burton OUA Hayford (entered chambers at 10:04 a.m.) Planner Brisson Secretary Clement ABSENT: Attorney Cook Public Works Director Robertson (with consent) Building Official Schaub (with consent) School Representative (no representation) A. Michael S. Travis Beevis 08- 012 -TRC. The application was submitted by Carl Cool, Engineer on behalf of the property owner(s) for property located on NE 10th Street, Okeechobee, Florida. The site plan review is for construction of 2 triplex buildings with a parking lot to be built in a single phase Senior Planner. Page 1 of 3 Chief Davis moved to dispense with the reading and approve the October 22, 2008 Technical Review Committee Minutes regular meeting; seconded by Engineer Bermudez. Motion carried unanimously. IV. New Business Continued. A. Michael S. Travis Beevis 08- 012 -TRC continued. Technical Review Committee November 19, 2008 Page 2 of 3 Mr. Brisson presented the Planning Staff report for 08- 012 -TRC. The first issue is the road. The development will be accessed from NE 10th Avenue, and part of the road is paved, but only to the lot immediately to the west, the remainder is shell. The applicant's plan is showing leaving the road shell. The staff report reflects no specific requirement in the LDR's addressing this issue, however, staff feels multi family developments should be accessed via a paved road. Staff recommends pavement be extended to provide access to the property. Administrator Whitehall interjected, regardless of the section in the code book, applicants prior hereto, it has always been our staff policy that an improvement has to be made at least to the point of the development. The street improvement will be a requirement. Mr. Cool explained the plans indicated there was a proposed extension of the street in it's current condition, because the road is paved for a ways, and then becomes shell. There is a duplex that was constructed not long ago by the applicant, and they believe the shell road is serving that duplex quite well. It does not appear this road has the potential of being extended easterly because of the wetlands. Our design of improvement is improving the shell road with a cul-de -sac on the eastem end of the road. You cannot just pave this road in front of this property, it needs to hook to the existing pavement and there is quite a ways that is not in front of the applicant's property. Administrator Whitehall inquired whether the shell extended west of the duplex property? Mr. Cool replied yes. We have made an exception to SF residents for shell at the end of the road, with the anticipation that the improvement would be made at a later time. The committee was not certain how the duplex was constructed without road improvements. Engineer Bermudez reported, when the duplex was built, it was not required to go through the TRC. Chief Smith expressed concem over the fire trucks and the shell road. He prefers the road to be paved for protection of the residents. The fire code states there has to be adequate access and that means the road has to be able to withstand the weight of large trucks. It was stated in the absence of the Public Works Director, his request to the applicant was to pave the road from existing pavement to NE 3b Avenue. The position of the owner, if in fact the improvement is a requirement of the City, would jeopardize the whole project. Mr. Beevis knows what he can get for rent and he will not get more rent if the road is paved. The road we are proposing to build will hold up any fire truck or garbage truck or any other truck the City owns. The applicant never anticipated having to pave the road. Administrator Whitehall acknowledged in this open meeting the applicant could possibly construct the triplexes prior to the improvement and maybe have some latitude on the installation of the road improvement as far as the timeline is concemed, but inevitably, the road will have to be paved. We could possibly give the applicant a year to install. Mr. Cool then stated, if there would be some way the City could create a special improvement district where the City would pay their fair share of the paving, that would be something the applicant could consider. Mr. Cool reiterated the folks on the south side of the road would be paying nothing. Chief Smith interjected he was okay with the time frame, but he would much rather have the road paved. Administrator Whitehall stated if we did not require this improvement of the road, the City would be deviating from policy. The City Attomey will be requested to do the affordability over time request, but will not deviate from the necessity of improving the street. Mr. Cool stated, if the City concludes this street must be paved, giving some consideration of time would be appreciated. Mr. Cool said all improvements will be made for all the remaining conditions stated in the staff report. The issue of the dumpster location was discussed. The applicant requests using individual trash cans being placed at the curb for pick -up versus having a dumpsters. The City will contact Waste Management for requirements. If Waste Management requires dumpsters, there is room to accommodate. IV. New Business Continued. A. Michael S. Travis Beevis 08- 012 -TRC continued. Administrator Whitehall inquired whether there were issues with water. Mr. Hayford stated the applicant did not show the water or where it was connected on the plans. Earlier observation from the applicant indicated using septic tanks as opposed to putting in a pump station. Mr. Hayford reported as a matter of record OUA does not have any gravity collection or vacuum sewer in the area, but there is a forced main in the area, where if the applicant wanted to put in a pump station, it could be accommodated. There is water in the area. Chief Smith then addressed hydrants, on 10th, which are required. Hydrant placement will be determined by the Chief with the applicant�g� there are no hydrants Mr. Burton acknowledged he has not talked with the applicant, but his department has been in contact. There are a couple of issues. The septic systems are going to be very tight. It's possible the one on the east side of the property may not make the setbacks from the ditch. Mr. Burton, concluded strongly, suggesting the applicant to hook up to the forced main. Sidewalks were the next topic. Mr. Cool stated the right -of -way on NE 10th Street is plenty wide, even with the swale, to accommodate sidewalks. Beevis Construction is concrete so sidewalks for Beevis will be no problem. Mr. Cool also reported the parking lot is going to be concrete. Engineer Bermudez said, a sidewalk will be required along the front of the project and the duplex. Chief Smith made a motion to approve final site plan review for construction of 2 triplex buildings per planner's recommendation pertaining to driveway width and parking lot improvements, built in a single phase for property located at NE 10th Street, Okeechobee, Florida; with contingencies of: road improvement, sidewalks along the front of project and the duplex, letter from Waste Management regarding curbside pick up or dumpster and placement of hydrants; seconded by Engineer Bermudez. Motion carried unanimously. Attorney's note: Per Florida Statute, applicant must hook up to sewer, if available, also will provide the applicant with an agreement for paved road improvement timeline. V. Adjoumment Chairperson. There being no further items on the agenda, Chairperson Whitehall adjoumed the Technical Review Committee meeting at 10:55 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 bases. General Services media are for the sole purpose of backup for official records of the Department. ATTEST: Technical Review Committee November 19, 2008 Page 3 of 3 an Whitehall,,hairperson 10 11 12 14 l c 172-6 e k rZ y Ft 4 5 f 15 16 17 Betty, insert city seal Engineer: Name, address and phone number: C“ Surveyor: Name, address and phone number: Z.1 se go Property address /directions to property: Parcel Identification Number Current Zoning district: Number and description of phases: 18 Source of potable water: 19 Method of sewage disposal: Rev. 2/08 (�45 j/e t2.e ("7 0 CITY OF OKEECHOBEE Application for Site Plan Review City of Okeechobee General Services Department 55 S.E. 3` Avenue, Room 101 Okeechobee, Florida 39974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763-1686 e- mail: clement @cityofokeechobee.com 1 Name of property owner(s): 4tyt.D v -1-1} 5 :s :v (CZ- 2 Owner mailing address: 7� S.'•� 5 4-44, 3 Name of applicant(s) if other than owner: d(. 4 Applicant mailing address: 5 Name of contact person (state relationship): r d j a i L 01- i1 �r Contact person daytime phone(s): tF f l E. Lb-) A- >2 t ✓jfLtn� i .5�7�= r j r u 4 LU .ti TZ,tC. S (CL�L Ci.Cu7�k� `z 1 t t_ richz J Y 7 t.) 4 1 LCD fZ. C._iE::4,14,_ Current Future Land Use designation: (a ifY7 C H V Describe the project including all proposed uses, 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. Use additional page if necessary. 13 i amt C:= .txltL ,G r i gftrt a -:2sd Describe existing ifnprovements on property' (for example, the number and type of buildings, dwelling units, occupied or vacant, etc.). Use additional page if necessary. t,l.d= /t). Total land area in square feet (if less than two acres): 5 7 5 'L or acres: Is proposed use different from existing or prior use ✓�es) Page 1 of 2 Date Receivedgl /o` 2 Application No. 63 -03 —T 'C., Fee Paid: 62.0. 00 Receipt No.`` S Hearing Date: c) 0 VILA._ o-toett, 3 174 3.S (_No) 4 This Document Prepared By and Return to: COMELY S CONELY, P.A. TOM W. CONELY, 122 401 N.W. 6TH STREET P.C. DRR 1367 OKEEccQ,g FL 34973 -1367 Parcel IDI 3 Grantee #1 Grantee #2 TI?' 9 Warr a y Deed This Indenture, lade this 27th day of FRED B. CAGL; Y (f li of the County of &wo of Florida ,grantor, and DAVID NUNEZ, alt. �[ad ANITA 3. NUNEZ, his wife whose address is: 2085 S. 4.th Street, Okeechobee, FL 34974 of the County of Okeechobee State o f F grantees. Witnessed, that the GRANTOR, for nd'>irkoe3ideration of the sum of 15 1;;;TEH DOLLARS ($10) DOLLARS, and other good and valuable consideratidtO'to)Q ANTOR in hand paid by GRANTEES, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRAand GRANTEES' hells, successors and assigns e, r of lying and being in the Count f, the followin g described land, situate, Okeechde, ns Florida to wit: �rls� See Exhibit "A" attached e state of Fl s THE PROPERTY HEREIN CO DOES NOT CONSTITUTE THE HOMESTEAD PROPERTY OF GRANTOR. l Subject to restrictions, re>e ,ions and easements of record, if any, which are not reimposed hsr by, and taxes subsequent to December 31st, 2002. and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons In Witness 'Whereof, the grantor has hereunto set his band and seal the day and year first above written. Signed, sealed and delivere our presence: EVA MAE CONELY Witness he is personally known to STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this FRED B. CAGLE w•.. �..._.:ro:. EVA MAE CONELY k MY COMMISSION I CC 980503 EXPIRES: December 12,2004 sandal nN Nam Public onaa ne,s 27th day of June EVA MAE LONELY Notary Public My Cormnissioa Expires: 12/12/04 I�kill�ff��1IIiN�pililHl�iNil June 2003 A.D. Between FRED B. CAGLE P.O. Address: Post Olrrce Box 1033, Inverness, Fi. 34451 FILE NU3 39790 OR BK 00511 P"G 1160 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 09/18/2003 04:54 :48 Pr! RECORDING FEES 10,50 DEED DOC 350,00 RECORDED BY N Arnold whomsoever. (Seal) 2003 by ALSO: EXHIBIT "A" OR Qk 00511 PG 1161 �zuth 99 feet of the following contiguous parcels of land (consolidated), lying in and comprising of art* Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, and being mo ularly described as follows: All of'$1.ock ,148, OKEECHOBEE, according to the plat thereof recorded in PIat Book 5, Page 5, public refi of Okeechobee County, Florida. ALSO: �(1 BEGINNING joint where the North boundary line of North Park Street, extended West, intersects with th'c boundary line of Block 148, OKEECHOBEE, according to the plat thereof recorded in Plat Boy, Page 5, public records of Okeechobee County, Florida, if extended South, said point being 70 feet�.7ast of the Southeast comer of Block 149 of said plat of Okeechobee; thence run Northeasterly 126:9_41; thence run East 55 feet, more or less, to the Western shore line of the Onoshohatchee River, n .i own as Taylor Creek; thence run Southerly, along the Western shore line of said Taylor Creek, yli;'intersection with the North boundary line of said North Park Street; thence run West 83.2 feet t� OINT OF BEGINNING. ALSO: BEGINNING at a point of inters>on 148.26 feet East of the East boundary line of Block 149, OKEECHOBEE, according to the ptaftlaereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, measur ;affright angles to and 100 feet North of the North boundary line of North Park Street; thence run Nof tl easterly and parallel to the East boundary of said Block 148 and 70 feet therefrom, for a distance #3.6 feet; thence run East on the South line of N.E. 2" Street (formerly Eighth Street), for a lisSa�ce of 59 feet to the Western shore line of the Onoshohatchee River, now known as Taylor Creek; thence run Southwesterly, along the Western shore line of said Taylor Creek, for a distance of 225 feet; thence run West 55 feet to the POINT OF BEGINNING. All that part of RIVERSIDE DRIVE, according to the plat thereof recorded in Plat Book 1, Page 22, public records of Okeechobee County, Florida, (now vacated, abandoned and closed), extending from the East boundary line of N.E. 7 Avenue (formerly Oklocknee Street), where the same intersects with the North boundary line of North Park Street, and North to the South boundary of N.E. 2" Street (formerly Eighth Street), if extended East. The lands described in paragraphs 2, 3 and 4, above, as shown on the plat of RIVERSIDE DRIVE as recorded in Plat Book 1, Page 22, public records of Okeechobee County, Florida. LESS AND EXCEPT the South 8 feet, thereof, taken for State Road right -of -way. OR BK 00511 PG 116E said Northern extension of the East line of said Block 147, to the intersection with the centerline of N.E. 3" Street (formerly Ninth Street), also being the Southwest corner of a parcel of land as described in O.R. Book 405, Page 664, public records of Okeechobee County, Florida, and the PO� OF BEGINNING; thence continue Southwesterly along said extended line, to the Northeast epfne if Lot 1 in said Block 147; thence continue Southwesterly, along the East line of said Lot 1 anti SButherly extension thereof, to the Northeast corner of Lot 9 in said Block 147; thence run Easg the Easterly extension of the North line of said Lot 9, to the Western shoreline of Taylor Creek& duce run Northeasterly, along said Western shoreline, to the intersection with the Easterly extensioplOe aforesaid centerline of N.E. 3r Street, also being the Southeast corner of said land describedlitlb.R. Book 405, Page 664; thence run West, along said extended centerline and also along the Scu line of said parcel of land, to the POINT OF BEGINNING. �ti 11 -19 -2008 15:58 vJ NUNEZ 8634670610 OKEECHOBEE COUNTY Warld's Best Fresh Water Fishing WC SHERMAAi 307 N.W. S'y4r STEit OFFICE OF PROPERTYAPPRAJSFR OKEECHOBEE, FLORIDA 34972 Telephone (863) 763 -4422 FaX (863) 763 -4743 ww N. oste ho_bacon.mm Application for Combination of Existing Parcels (tistruct1ous: Please read the requirements, complete the form, sign, date and return to our office. If you need assistance or have questions, please call (863) 763 -4422 and ask for Dora or Walter. Cgincra( Rea The form is a request to combine parcels per the owner's request Our office will only combine parcels that meet the following: Title to and ownership of the parcels is identical. The parcels arc contiguous. Lots of a plat separated by a public casement of thoroughfare are not considered contiguous. Metes and bounds parcels in different Sections do not qualify. Proof that all taxes on the parcels have been paid. ALL REQUESTS MIST RAVE OWNER'S SIGNATURE,. We reserve the right to request additional information as accessary to complete the request Additional information may include items such as a copy of a survey or a letter from the governing jurisdiction regarding the request etc, PRIOR TO SONgit a T ugAgOUEfT. WE ENCOURAGE YQ1' 4 gimsay wxrc4 Z L A a DEyE I,OP NT t 8 6 3 7 6 3 5 J 4 O I1Y.SCU5C A,NiY C _Li UtWLLCATIQt ril$ REOyESIT L HAVE AMA(aggyafttgagAgfinsatim For a condominium request, the owner trust obtain a letter from thc condominium ast+ociation ac(mowlexlgfng the request and the property's physical status as one living unit. Please be advised that this request does not imply suitability or authorize development of the parcel. Please contact the appropriate land development or planning and zoning department for your jurisdiction for questions eoneani lg development of the parcel, No rights are being granted by this action that arc reserved to any regulatory agency. This action does not nullify or alleviate any existing limns or cacumbranccs on thc property. You agree by submitting this application that the Okeechobee County Property Appraiser is neither responsible nor liable for any problems or complications resulting Groat this request. Print or type parcel aumbers into the boxes below to be combined late one new parcel: •In AP Owner Name; Date: vils_ 1 $.b Vo to Nu klc;Z-) 3- 1:11- 5 Es t �oc��0' ti c) A Owner Signature: Poe Offie Ne w Pa Use l Number. lS_ J h ,h Z `tR Y_ n 1Q New Pae y i1� 1_ �L Pohl Too R:11 vex M.+ r 11-19 -200 15:40 NUNEZ 8634670610 PAGE1 PM PAGE1 Applicant: David Anita Nunez Applicant Address: 2085 SE 4th Street Okeechobee, FL 34974 Contact person: Anita Nunez owner Contact Phone Number: 863 467 0611 Staff Report Site Plan Review General Information: Parcel ID: Leal /Description of Subject Property: 3- 15- 37 -35- 0010 00010 -001 H, 3- 15- 37 -25- 0010- 00010 -001 K, 3- 15- 37 -25- 0010 01470 -0060 and 3- 15- 37 -25- 0010- 01480 -0010 Note: Legal description on site plan is incorrect. 17 145 146 _f- w Z NE 2nd St. (paper street) 1 NUNEZ PROPERTY 116 Application No.: 08- 013 -TRC Applicant's Name: David Anita Nunez 300 0 300 600 Feet 2 KENNEDY, LYNCH (Sc ASSOCIATES, INC. 1 03 SOUTH RIDGEWOOD DRIVE, SEBR FLORIDA 33870 (883) 471-3989 OFFICE (683) 471-3190 FAX KENNEDYLYNCH @EMBARQMAIL.COM u2tty VI I I ii FAX FROM: Kim Wilcox Jeff Kennedy DATE: September 3, 2009 RE: Shoppes on the Boardwalk Attached is the SFWMD Permit for the Shoppes on the Boardwalk. If you have any questions, please call. FROM 11 14 S.F.W.M.O. ATTN: KELLY CRANFORD. P.E. RE: PROPOSED SHOPPES ON THE BOARDWALK PERMIT INQUIRY DEAR KELLY. ATTACHED PLEASE FIND PLANS AND CALCULATIONS FOR THE ABOVE REFERENCED PROJECT. WE RECEIVE THAT IT MEETS THE CRITERIA FOR A 'NO NOTICE' PERMIT. THERE IS LESS THAN 10 ACRES OF LAND OWNERSHIP, LESS THAN 2 ACRES OF IMPERVIOUS SURFACE. NO WETLAND IMPACTS AND AN AVERAGE OF AT LEAST 25 FEET OF UPLAND BUFFER FROM THE TOP OF BANK OF TAYLOR CREEK. THE CITY OF OKEECHOBEE ENGINEER. OSCAR BERMUDEZ. HAS REQUESTED WRITTEN AUTHORIZATION FROM YOUR OFFICE TO CONFIRM THAT WE 00 INDEED QUAUFY FOR A NO NOTICE GENERAL PERMIT. PLEASE CONTACT US IF YOU NEED ANY FUIHER INFORMATION. F KENNEDY S IDENT FAX NO. Apr. 19 2898 04:25PM P2 KENNEDY, LYNCH at ASSOC., INC. CONSULTING CIVIL ENGINEERS Sc LAND DEVELOPMENT CONSULTANTS DAZE 102 BOUT 1 1s•21N0. FL.OMIOA 22270 oFFIOE 0012-4111•2 •02 FAX 111/12-471•01110 N-MAIL 110.1.o7R FROM FAX NO. Apr. 19 2008 04:25PM P1 KENNEDY, LYNCH ASSOCIATES, INC. 1 03 SOUTH RIDGEWOOD DRIVE, SEBRIN©, FLORIDA 33870 (863) 471-3989 OFFICE (863) 471-3190 FAX KENNEDYLYNCH OEMBARQMAIL.CDM TO: Betty FROM: Kim SUBJECT: Copy of Letter to SFWMD for Shoppes on the Boardwalk If you have any questions, please call me. Form #0941 08/95 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE STANDARD GENERAL PERMIT NO. 47- 00968 -P DATE ISSUED:March 3, 2009 PERMITTEE: DAVID ANITA NUNEZ 2085 S E 4TH STREET OKEECHOBEE, FL 34974 PROJECT DESCRIPTION: Construction and operation of a surface water management system to serve a 1.64 acre project known as Shoppes of the Boardwalk. PROJECT LOCATION: OKEECHOBEE COUNTY, SEC 15 TWP 37S RGE 35E PERMIT DURATION: See Special Condition No:1. See attached Rule 40E- 4.321, Florida Administrative Code. This is to notify you of the District's agency action concerning Notice of Intent for Permit Application No. 081117 -18, dated November 17, 2008. This action is taken pursuant to Rule 40E -1.603 and Chapter 40E-40 Florida Administrative Code (F.A.C.). Based on the information provided. District rules have been adhered to and an Environmental Resource General Permit is in effect for this project subject to: 1. Not receiving a filed requeat for a Chapter 120, Florida Statutes, administrative hearing. 2. the attached 19 General Conditions (See Pages 2 4 of 6), 3. the attached 15 Special Conditions (See Pages 5 6 of 6) and 4. the attached 2 Exhibit(s) Should you object to these conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning this matter, If we do not hear from you in accordance with the "Notice of Rights," we will assume that you concur with the District's action. CERTIFICATE OF SERVICE HEREBY CE'TIFY that a "Noti•: •f Rights" has been mailed to the Permittee (and the persons listed in the attached a n -u on li no la :n 5:00 p.m. on this 3rd day of March, 2009, in accordance with Section 120.6► 1, Flo •a St B Servi C ter Director Okeechobee Service Center Certified mail number 7155 5474 4100 7795 2982 Page 1 of 6 GENERAL CONDITIONS Appllc No.: 081117 -18 Page 2 of 6 1. All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the. activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation. 1988), incorporated by reference in Rule 40E- 4.091, F.A.C. unless a project specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. a. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. 5. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. 6. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written statement of completion and certification by a professional engineer or other individual authorized by law, utilizing the supplied Environmental Resource /Surface Water Management Permit Construction Completion /Certification Form Number 0881A, or Environmental Resource /Surface Water Management Permit Construction Completion Certification For Projects Permitted prior to October 3, 1995 Form No 0881B, incorporated by reference in Rule 40E- 1.659, F.A.C. The statement of completion and certification shall be based on onsite observation of construction or review of as -built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the System is ready for inspection. Additionally, if deviation from the approved drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as- built" or "record" drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit GENERAL CONDITIONS Application No.: 091117-18 Page 3 of 6 Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall initiate transfer of the permit to the approved responsible operating entity if different from the permittee. Until the permit is transferred pursuant to Section 40E- 1.6107, F.A.C.. the permittee shall be liable for compliance with the terms of the permit. 8. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation o f the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit. such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State, county or municipal entitles, Final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local govemment entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create In the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee. or convey any rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E -40. F.A.C., 12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction. or other activity involving the use of sovereign or other lands of the State, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement. or other form of consent authorizing the proposed use_ Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state -owned lands. 13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E- 20.302(3), F.A.C., also known as the "No Notice" Rule. 14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit GENERAL CONDITIONS Application No.: 081117.18 Page 4 of application, including plans or other supporting documentation, shall not be considered binding, unless a specific 'condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E- 1.6105 and 40E- 1.6107, F.A.C.. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. 1f historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate District service center. 19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. SPECIAL CONDITIONS 1. The construction phase of this permit shall expire on March 3, 2014, 2. Operation of the surface water management system shall be the responsibility of the permittee. 3. Discharge Facilities: Structure: S -12 (internal) 1 -36' WIDE SHARP CRESTED weir with crest at elev. 22' NGVD 29. 1 -3' W X 4' L drop inlet with crest at elev. 23.2' NGVD 29. Receiving body Interval system Control elev 19 feet NGVD 29. Structure: S -3 (discharge) 1 -12" W X 9" H RECTANGULAR ORIFICE weir with crest at elev. 20.33' NGVD 29. 1 -3' W X 4' L. drop inlet with crest at elev. 22.5' NGVD 29. Receiving body Taylor Creek Control elev 19 feet NGVD 29. Application No.: 08111718 Page 5 of 6 4 The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. 5. Measures shall be taken during construction to insure that sedimentation and /or turbidity violations do not occur in the receiving water. 6. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. 7. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 8 A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 9. The permittee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments/debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. 10. This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the completed surface water management system occur, the District will require the permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surface water management system. if necessary, to eliminate the cause of the adverse impacts. 11. The permittee acknowledges, that pursuant to Rule 40E- 4.101(2), F.A.C., a notice of Environmental Resource or Surface Water Management Permit may be recorded in the county public records. Pursuant to the specific language of the rule, this notice shall not be considered an encumbrance upon the property 12. Minimum building floor elevation; BASIN; Developed Site 23.50 feet NGVO 29. 13. Minimum parking lot elevation: Basin: Developed Site 21.50 feet NGVD 29. 14. Silt screens, hay bales. turbidity screens/barriers or other such sediment control measures shall be utilized SPECIAL CONDITIONS Application No.. 081117-18 Psge 6 of 6 during construction. The selected sediment control measures shall be installed prior to the commencement of construction In or adjacent to other surface waters in accordance with Exhibit No. 2 and shall remain in place until all adjacent construction is completed. M areas shall be stabilized and vegetated immediately after construction to prevent erosion into the surface waters. 15. The District reserves the right to require remedial measures to be taken by the permittee if monitoring or other information demonstrates that adverse impacts to onsite or offsite wetlands, upland conservation areas or buffers, or other surface waters have occurred due to project related activities. S RETURN TO AND PREPARED BY: CITY OF OKEECHOBEE Office of the City Clerk 55 E. 3r Avenue obee, Florida 34974 O' 0 STATE CITY O WHEREAS right of way contig LORIDA ECHOBEE WHEREAS, Grantor ey and other valuable considera s, herself and all other persons cia title, or their heirs, assigns or leg describing land located in Towns grantee an easement or right -of -w in the manner expressed below; NOW, THIS INDENTURE WITNESSETH: GRANT OF EASEMENT INIIMMINNEI INgIIN IWS FILE NUM 2009000693 OR BK 0 0664 PG 1893 SHARON ROBER.TSOH, CLERK. OF CIRCUIT COURT OKEECHOBEE CDUNTY, FL RECORDED 0 1/22/2009 11:26:14 AM AMT 10.00 RECORDING FEES 27.00 DEED DOC 0.70 RECORDED BY M Pinon Pss 1893 1895; (3p THI5 ENTURE, made and entered into this,, day of a, 0)„ 20‘22 by and betwe a�� VID ANITA NUNEZ, GRANTORS, and the CITY OF OKEE HOBEE FLORIDA, a mu al corporation existing under the laws of Florida, GRANTEE; ntee is seized in fee simple of a parcel of land, roadway, alley, or o the lands of Grantors(s), and WHEREAS, G o has agreed to reserve unto the City its Successors and Assigns, a nonexclusiv Y' ent for public utilities purposes of Northeast 2' Street as a provision of Ordinance 19; and ed in consideration of the sum of Ten Dollars ($10.00) the sufficiency of which is herein acknowledged, for g by, through or under Grantor, their predecessors in resentatives by virtue of any deeds of conveyances South, Range 35 East, to grant and convey to the land described below, for the purposes and That, in pursuance of this agreement and in consideration of the sum of Ten dollars ($10.00), and other valuable consideration, receipt of which is hereby acknowledged, Grantor grants unto Grantee, its assigns, successors in interest or subsequent entities, and to all other likely situated as above described; Full and free right and liberty for them and their authorized tenants, servants, agents, employees, licensees, in common with all persons having the like right, at all times hereafter, for all purposes connected with the use and enjoyment of the land of the Grantor and those likely situated for whatever purpose the land from time to time lawfully may be used and enjoyed, and the right further granted to create and maintain a utility corridor, for the construction, placement or other installation of utility service as needed by the City, or its successors in interest, for underground utilities and storm water drainage or management; said easement described more particularly as follows: COMMENCE AT THE SOUTHWEST CORNER OF BLOCK 147, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SAID POINT LYING ON THE EAST RIGHT-OF-WAY LINE OF N.E. 7 AVENUE; THENCE BEAR S00° 01'59" E, ALONG SIDE EAST RIGHT -OF -WAY LINE OF N.E.7TH AVENUE, FOR A DISTANCE OF 57.16 FEET TO THE CENTERLINE OF AN EXISTING 36" REINFORCED CONCRETE PIPE AND THE POINT -OF- BEGINNING OF SAID CENTERLINE OF 34.00 FOOT DRAINAGE EASEMENT; THENCE BEAR S89 °58 "57E, ALONG SAID CENTERLINE, FOR A DISTANCE OF 287.88 FEET TO THE INTERSECTION WITH THE WESTERLY TOP OF BANK OF TAYLOR CREEK AND THE POINT -OF- TERMINUS OF SAID CENTERLINE OF EASEMENT. A SURVEY OF SAID EASEMENT, IS ATTACHED HEREWITH AS EXHIBIT A. TO HAVE AND TO HOLD in perpetuity the easement or right -of -way hereby granted unto Grantee, its assigns or successors in interest and those likely situated as described, as appurtenant to the land of the Grantee and those likely situated and every part of it. Book664 /Page1893 CFN #2009000693 Page 1 of 3 It is understood that the easement is given upon the express understanding and condition that it may be used by Grantor, his heirs executers and assigns in conjunction w'" the use of Grantee, to the extent such use does not interfere with such utility or service as provided by Grantee. If such use, in the sole discretion of the Grantee, materially interfere with Grantees operation of utility or drainage facilities within the f,• &nt, then Grantors shall be solely liable to remove or correct such interference in use e upo V tten demand of Grantee. stormw code or o the facilitie to Grantee u conducted with the first year fol abov 0 rther understood that Grantee may improve, maintain and otherwise construct anagement/drainage ditch on the easement in conformity with State and local nce, and Grantor in no way will be bound to improve, maintain or construct keep it in repair; nor does Grantor assume any liability or responsibility e land by invitation, express or implied, or by reason of any business tee, or otherwise. Grantor shall, however, maintain the easement for g execution of this agreement. IN WITNES REOF, Grantor have set their hand and seal on the day and year en. David Nunez STATE OF FLORIDA CITY OF OKEECHOBEE EFOREJE, the unde this day of o.nccaiy 20 the following identification: to law, states that they executed the ATTEST: JOHN R. COOK, City Attorney EUSA IL EODINOS MY COMMISSION t CO 403572 EXPIRES: March 7, 2009 &rad Thrn New PakUrwradon t9— LANE AMIOTEA, CMG, City Clerk STATE OF FLORIDA CITY OF OKEECHOBEE REVI ED FOR LEGAL UFFICIENCY: Nunez d authgrity, appeared David and Anita Nunes, ho is ersonally knowiTi or who produced and who being first duly sworn according ing instrument for the purposes therein stated. NOT RY PUBLIC My Commission Expires: J S E. KIRK, Mayor O ARY PUBLIC My Commission Expires: MEU$AU. EDGINGS MY COMMISSION I DO 403572 EXPIRES: Mardi 1, 2009 aena.emeNemr POW Und rw'k IN WITNESS WHEREOF, Grantee has set its hand and seal on the day and year above written accepting on behalf of the City of Okeechobee, Florida such dedication and grant of easement. BEFORE ME, the undersigned authority, appeared James E. Kirk. and Lane Gamiotea, this ,Ji) day of TO n u a rti 20 Oy, who are personally known to me or who produced the following identification: who being first duly swom, do state that the foregoing is true and correct to the best of their knowledge and belief, and executed for the purposes stated herein. Book664 /Page1894 CFN #2009000693 Page 2 of 3 RBF. Ilnnusbered SW Corner OIL 147 ROF. Unnumbered 8 NN Corner Bk. 148 BLOCK 147 38754'46•8 (ASSUED) 150.55 (F) EIGHTH CTRI;ET (P 1 n E. 2112 6TREET GCBs 146 FASEIFM LYING IN A PORTION OF SECTION 15, TOIOi511IP INEEppBEE COUNTY, FL8R10A AID LYING 17.00 FEET ON PARALLEL 0ITH (MOOING OR RETRACTING TO INTERSECT TIE BANK OF TAYLOR MX), THE FO LOVING DESCRIBED CENTEII.INE OF O AT TIE SOUTHNEST CO IBI OF @.00R JO, OKEECHOBEE, ACCODJN6 TO TIE FEW AS PECORIED IN PLAY BOOK 5, PAGE 5 OF TIE RELIC RECORDS OF OKEE- COINfY, FLORIDA, SAID POINT LYING ON TIE EAST RIGHT- OF-NAY LIIE OF RE. ITN AVENGE 11050 BEAR 500'01'54'E, ALONG SAID EAST RIOT -OF -NAY LINE OF RE 7T11 AVENGE. FOI A 015TMCE OF 57.16 FEET TO TIE CENIEN.INE OF AN ECISTINO 36' RamonCED CONCRETE PIPE ARO THE POINT- 13F- BE)INIIN6 OF SAID CEN(EN.INE OF 34.00 MIRAGE FOOT 80101 NCE 201.88 E T ET T TIE INTERSECTION RIM TIE SA.10 A BANK OF TAYLOR CREEK AND TIE POINT- O'- TFANIMIS OF SAID CENRESIINE of EASOENL 1 U2' 1PF= Unnumbered D SE Corner 8I1(.147 30 15 0 30 SCAIE AS SHOO 0 PB OF ff61*ING ((5-50 PIPE FUN al-FIELD OWE 10)•606.8128 DISLIKE HR{ARIALI ET.PIR 104EI11. OK PIPE OEEO 6KETCH 34. 00' ORA i mAGE EAGEVEOT 117( A 1,0110442T 61Jr2VEY RCP k 1117, t7.RVEYCR MOTEL 1. Bearings shorn we relative assueing S89'54 46'8 along N. 8/N line N E.2nd St. 2. This surrey 13 based on Information provided by the customer /agent and no search was made of public records by this office to verify ar deny ownera, easements, er right-of Nap. 3. No risible or underground Iaprovmeent has been located except as shown. 4. Thla surrey Is not valid without the si wtOre and the original reload coal of a Florida Licensed Surveyor and Rapper. Additions or Deletions are prohibited without written consent of Surveyor. 5. There Nay .be additional restrictions that are not recorded on this surrey that say be found In the Public Records. d- 16 3 50 P 6 P v S M 4— O M U) Q) (D 0 910 4 et i s -15-37-35-0010-01480-0010 NUN EZ DAVID JR &ANITAS 2 7 49AC (6,160008 •125.1700 VrUJ Okeechobee County Property Appraiser W.C. "Bill" Sherman, CFA Okeechobee, Florida 863 763 -4422 PARCEL: 3- 15- 37 -35- 0010 01480 -0010 STORES /1 S (001100) CITY OF OKEECHOBEE THE S 99 FT OF FOLLOWING DESC PROPERTY: ALL BLOCK 148 AND BEG WHERE N BDRY OF N PARK ST EXTENDED W INTERSECTS WITH W LINE OF BLK 148 EXTENDED S, SAID PT BEING 70 FT E OF SE COR OF BLK 149, CITY RUN NERLY 126.9 FT, E 55 FT TO W SHORE LINE OF TAYLOR CREEK, THENCE SRLY ON SHORELINE OF CREEK TO INTERSECTION WITH N LINE OF N PARK ST, W 83.2 FT TO POB, ALSO BEG AT PT OF IINTERSECTIO 148.26 FT E OF E LINE OF BLOCK 149 MEASURED AT RT ANGLES 100 FT N OF N BDRY OF N PARK ST, THENCE RUN NERLY P/L TO E BDRY OF BLK 148 70 FT THEREFROM DIST OF 223.6 FT THENCE E ON S LINE OF 8TH ST 59 FT TO W SHORELINE OF TAYLOR CREEK, SWRLY ON W SHORELINE OF CREEK 225 FT, W 55 FT TO POB ALSO ALL THAT PART OF RIVERSIDE DRIVE IN CITY OF OKEECHOBEE EXTENDING FROM E BDRY OF OKLOCKNEE ST, WHERE SAME INTERSECTS WITH N BDRY OF N PARK ST N TO S BDRY OF 8TH ST LESS S 8 FT OF THE ABOVE DESCRIPTION FOR STATE ROAD R/W TOGETHER WITH THE FOLLOWING: CITY OF OKEECHOBEE ALL BLOCK 148 AND BEG AT PT WHERE N BDRY OF N PARK ST EXTENDED W INTERSECTS WITH W LINE OF BLK 148 EXTENDED S, SAID PT BEING 70 FT E OF SE COR OF BLK 149 CITY RUN NERLY 126.9 FT, E 55 FT TO W SHORE LINE OF TAYLOR CREEK, THENCE WRLY ON SHORELINE OF CREEK TO INTERSECTION WITH N LINE OF N PARK ST, W 83.2 FT TO POB, ALSO BEG AT PT OF INTERSECTION 148.26 FT E OF E LINE OF BLOCK 149, MEASURED AT RT ANGLES 100 FT N OF N B DRY OF N PARK ST, THENCE RUN NERLY P/L TO E BDRY OF BLOCK 148 70 FT THEREFROM DIST OF 223.6 FT THENCE E ON S LINE OF 8TH ST 59 FT TO SHORELINE OF TAYLOR CREEK SWRLY ON W SHORELINE OF CREEK 225 FT, W 55 FT TO POB, ALSO ALL THAT PART OF RIVER- SIDE DRIVE IN CITY OF OKEECHOBEE, EXTENDING FROM E BDRY OF OKLOCKNEE ST, WHERE SAME INTERSECTS WITH N BDRY OF N PARK ST, N TO S BDRY OF 8TH ST LESS S 99 FT OF THE ABOVE DESC PARCELS AND CITY OF OKEECHOBEE LOTS 6 TO 9 INC BLOCK 147 AND i i 110 220 330 ft staff Report Site Plan Review Prepared for: City of Okeechobee Applicant: David and Anita Nunez Petition 08- 013 -TRC 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239- 334 -3366 Fax: 239 334 -6384 LaRue Planning Management Services, Inc. Staff Report Site Plan Review General Information: Parcel ID: Applicant: Applicant Address: Contact person: Contact Phone Number: Leal /Description of Subject Property: 3-15-37-35-0010-00010-001H, 3-15-37-25-0010-00010-001K, 3-1 5-37-25-001 0-01470-0060 and 3-15-37-25-0010-01480-0010 Note: Legal description on site plan is incorrect. NUNEZ PROPERTY Application No.: 08-013-TRC Applicant's Name: David Anita Nunez David Anita Nunez 2085 SE 4th Street Okeechobee, FL 34974 Anita Nunez owner 863-467-0611 300 0 300 600 Feet 2 Staff Report Site Plan Review General Description: This past spring the City approved a Small Scale Amendment (SSA) and rezoning to CHV to allow commercial use of the properties on which development is shown on the site plan. The property to the immediate south, which contains about 1.020 acres according to the Property Appraiser's website, is also owned by David and Anita Nunez and is proposed to be developed in accordance with its CHV zoning. However, this parcel is separate from the area proposed to be developed at this time. The fact that these are separate parcels rather than one parcel proposed for a phased development has some practical effects upon the application of Land Development Regulations to site plan as submitted that will become evident during the review. The use will be open and operate between 8 AM and 12 PM. Adjacent FLUM Classifications, Zoning Districts, and Existing Land Use North: East: South: West: Future Land Use Map, Zoning District: Existing Land Use: Future Land Use Map Classification: Zoning District: Existing Land Use: Application No.: 08- 013 -TRC Applicant's Name: David Anita Nunez Single Family RSF1 Mobile home and vacant Single Family RMH Mobile Homes across from Taylor Creek Future Land Use Map Commercial Classification: Zoning District: CHV Existing Land Use: Vacant Future Land Use Map Single- Family Classification: Zoning District: RMF Existing Land Use: Single- family residence Following is the Staff analysis of the project's consistency with the various City requirements and regulations. Instances where the Staff believes the submission to be deficient are highlighted. It should be noted that the first page of the construction plans Iists153,252 square feet (3.52 acres) as the area of the subject property, but the four separate parcels on which development is actually proposed total only 2.751 square feet according the Property Appraiser's website. The parcel id numbers for these properties are 3-15-37-35-0010-00010-001H, 3- 15- 37 -25- 0010- 00010 -001 K, 3- 15- 37 -25- 0010 01470 -0060 and the southernmost piece adjacent to SR 70, 3- 15- 37 -25- 0010 0148 -0010. Consequently until such time as surveys with verified acreage figures are provided, we are relying on the information on the Property Appraiser's website for parcels. Staff Report Application No.: 08- 013 -TRC Site Plan Review Applicant's Name: David Anita Nunez Further, the entire project includes three phases. The first two phases are limited to the above reference lands. The third phase, incorporating the Suarez parcel on which the "fish house" is located, encompasses 1.50 acres, which would bring the entire project to a total of about 4.25 acres. The Applicant has provided a concept plan encompassing all the parcels ultimately to be included in the project. A copy of this concept plan is included at the back of this Staff Report. However, this site plan review deals only with the area shown on the plans provided to you by the Applicant dated November 17, 2008. This ensures that each phase of development does not violate coverage or impervious surface coverage, parking or landscaping requirements. Comparison of Proposal with Dimensional Standards: Regulation Minimum parcel size (90 695) Minimum Width (90 695) Minimum front yard build- ing setback (Sec 90 695) Parking Setback (Sec 90 225) Minimum rear yard setback (Sec 90 695) Minimum side yard setback (Sec 90 695) Minimum setbacks from water bodies Multiple buildings on the same lot (Sec 90 450) Maximum lot coverage (Sec 90 695) Maximum lot coverage other impervious surfaces (Sec 90 -225) Maximum height (Sec 90- 695) Required 6,250 square feet 50 feet 20 feet 10 feet for parking 10 feet but 20 feet abutting residential 8 feet but 20 feet abutting residential An unobstructed easement 20 -feet wide is required from water bodies over 50 feet wide Separation of structures as if they were each of a different lot would indicate 30' between buildings. 50% 59,917 sf 80% 60,322 sf 45 feet 4 Provided Approximately 119,834 sq. ft. (2.751 acres) Over 500 feet 29.9 feet 10. feet 34.2 feet from top of bank on east side of Taylor Creek adjacent to the RMH zoning. 20.2 feet on north property line abutting RSF1 zoning and the. The deck shown along Taylor Creek is only 15 feet from the top of bank. 66.4 feet between indoor recreation building and office building. 19,015 sf (15.9 54,160 sf (45.2 Maximum height is not proposed to exceed 45 feet. Staff Report Application No.: 08- 013 -TRC Site Plan Review Applicant's Name: David Anita Nunez Regulation Off- street parking (Sec. 90 -512) Minimum size 9' X 20' Handicapped 12' X 20'plus 5' aisle Off street loading (Sec. 90 -513) [Sec. 90- 511(c)] Minimum driveway width (Sec. 90 -511) Required 5,250 sf Retail 7,150 sf of Office 1/300 sf 41.3 6,615 sf Indoor recreation 1/200 sf 33.1 Total 74 spaces One, 10' X 30' 90 24' 5 74 Provided While the number of spaces for the handicapped is more than adequate, handicap spaces should be located such that occupants do not need to walk behind other parked cars. The loading space has been integrated into the stabilized drive that will ultimately be paved and connect to the "fish house" parcel when it is developed, 24 feet Staff Report Application No.: 08- 013 -TRC Site Plan Review Applicant's Name: David Anita Nunez Landscaping Total Site (Sec. 90 -532 per Ord. 1010, adopted 2- 19 -08) Parking Vehicular Use Areas (Sec. 90 -533, per Ord. 1010, adopted 2- 19 -08) Minimum of one tree per 3,000 sf of lot area 119,834 =3,000 40 trees. At a minimum, the area physically planned for development as shown in the site plan approxi- mates 63,568 sf. This would indicate the need for at least 21 trees at this time. 74 spaces @18 sf /required space 1,332 sf of landscaped area plus 1 tree per 72 sf of required landscaped area 19 trees 1 landscaped island (5' X 15') for each 10 spaces 7 islands. Maximum of 12 uninterrupted spaces in a row. Minimum dimension of landscaping is four feet, except adjacent to buildings Min. 2' landscaping between vehicular use areas and buildings. 6 Only 16 trees in total are shown. Applicant states more will be planted as additional phases are built. Each phase must comply on its own with all landscaping requirements. Therefore at least 21 trees should be shown at this time. A rough estimate of the area of the landscaped islands indicates that the area devoted exceeds the 1,332 sf required. However, only 12 trees shown that could logically be asso- ciated with the parking area. Applicant states more will be planted as additional phases are built. Each phase must comply on its own with all landscaping requirements. Therefore, 7 more trees should be shown in the parking area. The plans now comply with this requirement. While there are no dimensions on the landscaped plan, it appears that these requirements being met. Staff Report Application No.: 08- 013 -TRC Site Plan Review Applicant's Name: David Anita Nunez Nonresidential Landscaped Buffers (Sec. 90 -535, per Ord. 1010, adopted 2- 19 -08) 10' on street frontage; 2' along other property lines. In total, the area shown on the site plan has about 550 feet of street frontage and about 1200 feet along interior property lines. This indicates a need for 7,900 sf of buffer area (5500 +2400). At 1 tree 3 shrubs /300 sf of required buffer 26 trees and 79 shrubs. These can count towards the overall site land- scaping required under Sec. 90 -532 However, if we look at just the areas of the site proposed for develop- ment at this time, there are about 330 feet along the street (N.E. 7 Av. and SR 70) and about 1,200 feet along interior property lines, including Taylor Creek. This would indicate the need for at least 4,360 square feet of buffer area and 15 trees. Trees may be planted in clusters, but shall not exceed 50' on centers abutting the street. 7 Landscaped buffering for each phase of a development must stand on its own. The buffer area provided represents about 5,020 square feet, but there are only 9 trees that are located along the perimeter such that they would count toward the buffer require- ment. Therefore, at least 6 more trees need to be shown for this phase of development. Staff Report Site Plan Review Application No.: 08- 013 -TRC Applicant's Name: David Anita Nunez Other Requirements and Considerations: Traffic, Ingress and Egress The Applicant has engaged a traffic engineer to prepare a study of the impact of the proposed development, including the third phase of the project not shown on the current plans. While not yet complete, it is clear from the preliminary information that the project will generate about 189 trips during the PM peak hour, thereby corroborating the need for such a traffic study. When the study is completed, it may or may not have a limiting effect on the development potential of the entire project. However, it would appear that Phase One alone would not have sufficient traffic impact so as to impede approval and development at this time. Sidewalks (sec. 78 -36): A five -foot sidewalk is proposed along roadway frontage. Dumpster Location: The dumpster location is shown on the plans. Compatibility with the surrounding area: Trees should be used to provide some visual buffer to the residential property to the immediate north of the office building. Compliance with conditions set forth by the TRC during its October meeting: 1. Rezoning of the property to CHV has been approved by the City Council. 2. Has a unity of title been submitted joining all the properties shown on the site plan? 3. The problem with the first parking space off of NE 7 Avenue has been rectified. 4. Sufficient landscaped islands in the parking areas have been provided. 5. The plans show the stabilized drive to connect to NE 3 Street in the future 6. Has a "gazebo agreement" been obtained from the City? 7. We have briefly seen the Applicant's lighting plan and assume it has been formally submitted to the City. 8. The Applicant has provided information suitable to comprise a concept plan for the overall development. A copy is attached. 9. The Applicant has met with the City's consulting traffic engineer and they have agreed upon the methodology. The Traffic Impact Study might be submitted to City before the TRC meets on this issue. 10. Has SWFWMD reviewed and advised upon the drainage system to be used? Staff Report Site Plan Review Application No.: 08- 013 -TRC Applicant's Name: David Anita Nunez Recommendations: Staff recommends deferral of approval of the site plan until the Applicant has undertaken the following: 1. Provides surveys with the accurate acreage for each individual parcel to be included in the site plan and ensures that the legal description is accurate. Square footage of easements that may limit development should be identified. 2. Joins parcels 3-15-37-35-0010-00010-001H, 3-15-37-25-0010-00010-001K, 3- 15- 37 -25- 0010- 01470 -0060 and 3- 15- 37 -25- 0010 01480 -0010 into one parcel or ties them together under a unity of title agreement. These are the parcels on which actual improvements are shown on the site plan. 3. Modifies the plan such that the deck along Taylor Creek is set back at least 20 feet from the top of bank. 4. Modifies the plan to relocate the handicapped parking spaces in a manner that does not require the vehicles' occupants to walk behind other parked cars. 5. Modifies the plan to show the appropriate numbers of trees in the parking and perimeter buffer areas. 6. Modifies the plan to provide trees behind the 7,150 square foot office building to buffer it from the residential property to its immediate north. Submitted by: James G. LaRue, AICP Planning Consultant December 9, 2008 Technical Review Committee Meeting of December 17, 2008 Attachments: Concept site plan 10 11 12 13 14 15 16 17 CITY OF OKEECHOBEE Application for Site Plan Review City of Okeechobee General Services Department 55 S.E. 3` Avenue, Room 101 OT 4 Florida 39974 -2903 Phone: -(863) 763 -3372, Pat 218 Fax: (863) 763 -1686 Mate of property ownea(s): A M S A NOLt�tNC -S' t_t_:c 5i 1A Kt�Di(c Owner maling add f? OX 4 8 OYe e c3 40 C 3:=-.t> i48. Name of applican(s) if other theh own £:N Csi t; Applicant sling addmss:: P_0 e O x P49 Es QtaecN l .lr F 1=., 3 `3 i c. 8 Name of contact person (state relafonship):. LOS 13 A5 al t.)5 Contact person daytime .phone(s):($lp qt 12 3 g=�, p Engineer. Name, address and-phone number. tL t1�1 P f:\P-PLI cs-s-r-4 T S urv e r. Na, ad wN, hone kaN e li\l D5 P4 g1.- #14- std(_VE Y EJQl i NE Mi Roo 5v) .At Ft 5 4 4 LSc.o3)11/4) 3 -aee Is proposed use different from existing or prior use Number and description of phases: ®tLlld 18 Source of potable water. 'L! tn..1 19 Method of sewage disposal: 00p S c ya Rev. 2/08 e- mail:. dement@cityofokeechobee com Hearing Date: .r. FS_ ":a :•x i�:i.5 r: .5�n�.w r u s z?..' ='G.." t I »�._s -yl,. L14* .�e- r E3 w+ l ..cPf Property addressi PerV: 11 U `6rld Rye- c e- LORI CA 344f Total land area in square feet (if less than two acres): 0 5% acres: r 0.11 cou .41 Date Received .:7 1/ 17 O Application No_ �f Fee Paid: L/30, Receipt No. AO 7 Parcel Identification Number 3 ir 31-i 35 -001 0- oc imp O O Current Future Land Use designation: INICZ4..>= C Ilia_ -1 AC_Pe .1 CCortiY E gel f'iL Current Zoning district OFF-1 Cam. But L.Dli,1 c_cPIZ)"") Describe the project including all uses, how the business or use is expected to operate on the site, including but not limited to: mmober of employees hours of �'u.y location, extent and type of any outdoor stgrage or sales, etc. Use additional page if necessary. E PrG.h, ic .L CC( 15 5 c -`a 4 C W WW t existing improvements on property (for example, the number and type of buildings, dwelling units, occupied or vacant, etc.). Use additional page if necessary. 6f574; ntj' 1100" e a 55, '.5icl O 6f',G2 6A/741 v1 f,`v,y s 1,1,:ldtn 4&, W e Yes) (VNo) Page 1 of 2 20 21 22 23 24 25 26 .10 +n.a�,+ •w�.F.�1t`� Applicant's statement of interest in property One. (1) copy of last recorded warranty deed: Notarized letter of consent from owner (if applicant is different from property owner) Rev. 2/0S CITY OF OKEECHOBEE Application for Site Plan Review Three (3) sealed boundary and topographic, "as is" surveys of the property involved including: a. certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal d:a...: of site and parcel number c. Computation of total acreage to nearest tenth of an acre Two (2) sets of aerials of the site. Eleven (11) copies of sealed site plan drawings (see attached checklist for details to be included in site plan) Eleven (I 1) copies of drawing indicating facades for all buildings, including elevations. 27 Eleven (11) copies of landscape plan, including a separate table the number of trees and shrubs by type and showing both the official and common name of each type of tree and shrub. 28 Three (3) copies of sealed drainage calculations 29 Other optional supporting documentation (pictures, etc.) 30 Nonrefundable application fee: $400.00 plus $30.00 per acre. I hereby certify that the information in this application is correct. The information included in this applica- tion is for use by the City of Okeechobee in processing my request. False or misleading information may be p ishable by a fine of up to $500.00 and imprisonment of up to 30 days and may resulting the summary ial of application. LOS /SS Pc) 11 1 111 lam? Signature Printed Name Date Page 2 of 2 NOTE: Submissions will be reviewed by the City Engineer and City Planner for all necessary documentation. Applicant will be notified at least 10 days prior to the TRC meeting whether or not additional information is require to proceed or if the review will be rescheduled to the next TRC meeiing. Y N 3r -T ;A t. For questions relating to this application packet, call the General Services Dept. at (863) 763 -3372, Ext. 218 The NOV- 17- 2008(MON) 09:31 NEW AMERICAN PT t 10 J a6ed 808ZOOLOOZ #NiO 9L£a /ttZ9MOO9 moss Kos 're rfo11A9'WgCe so doom is 011 SAWN sionlOH1111110sonts oagN kS1V/4 Palsfld td»ca S14J s2i q Pon PM MP Pas tgA2asosow 1114 pas past pia 01 aqi Pauao. 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Engineering Environmental Services Statement of Authorization 114 m'n z 2 A/o owner, authorize Asmussen Engine to a (Print Owner's Name) ct as re on my behalf in all aspects of applying for and obtaining permit(s) relating to the ss 3 s f p aO 6;(i project. (Print Projects NI) (Owner's Signature) Loris Asmussen, P.E. Certificate of Authorization Number: 26134 E -mail: lisunnusseal)en-e bararaail.com (Da /2-c1 67) P.O. Box 1998, Okeechobee, FL. 34973 -1998 Office: (863) 763 -8546 Fax: (863) 467 -8560 Located at 600 South Parrott Ave Okeechobee, Florida 34972 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 334 -3366 Fax: 239 334 -6384 LaRue Planning Management Services, Inc. Shall Report Site Plan Review Prepared for: City of Okeechobee Applicant: Asmussen Engineering Petition 08 -014 -1RC 1 City of Okeechobee Site Plan Review Applicant Address: Regulation Minimum parcel size (90 -695) Applicant Fax Number: Owner: Owner Address Owner Phone Number: Legal Description: LOTS 3,4,5 AND 6, BLOCK 78, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Discussion: This is a site plan review for a 14 -unit Assisted Living Facility at 608 NE 2nd Avenue. There is presently a 966 square foot single family residence on the site which will be incorporated into the new and expanded structure. The Board of Adjustment granted a special exception for the ALF at its meeting on October 23, 2008 Findings: Minimum front yard build- ing setback (Sec 90 -695) Parking Setback Minimum front yard build- ing setback for corner lots (Sec 90 -447) Required 20,000 square feet 100 feet 40 feet for building 10 feet for parking P.O. Box 1998 Okeechobee, Florida 34973 763 777 3 863 763 8546 75% of the required minimum front yard setback Applicant: Asmussen Engineering ALF Petition No.: 08- 014 -TRC A.M.S.A. Holdings, LLC P.O, Box 448 Okeechobee, Florida 34973 863 -610 -1404 Provided 28,038 sf 200 feet The existing building is nonconforming as to its front yard setback and m remain. However. any expansion of the building must meet the 40 -foot setback regL cement. Therefore, the shaded portions of the building shown on the site plan that are closer than 40 feet to the west property line must be removed y Parking is set back at least 10 feet. Setback from NE 7th Street is the second front yard. The building is set back the required 30 feet. 2 Landscaping Total Site (Sec. 90 -532 per Ord. 1010, adopted 2 -19 -08 Minimum of one tree per two units or bedrooms 7 trees 27 trees are indicated. Parking Vehicular Use Areas (Sec. 90 -533, per Ord. 1010, adopted 2- 19 -08) 14 spaces @18 sf /required space 252 sf landscaped area plus 1 tree/ 72 sf of required landscaped area 4 trees. One landscaped island (5' X 15') for each 10 spaces with a maximum of 12 uninterrupted spaces in a row =1.4 Minimum dimension of landscaping is four feet, except adjacent to buildings. Minimum. 2' landscaping between vehicular use areas and buildings The 10' landscaped buffer area along the perimeter of the parking area can count towards the required landscaping in the parking area. Two landscaped islands of adequate size are shown. All minimum landscape dimensions are met. Landscaped Buffers (Sec. 90 -534, per Ord. 1010, adopted 2- 19 -08) 10' on street frontage; 2' along other property lines. Therefore, based on 316 feet of non driveway frontage along NE 7 Street and NE 2nd Av. and 340 feet along the other two property lines indicates there should be about 3,840 square feet of landscaped. At 1 tree 3 shrubs /300 sf of required buffer 13 trees and 39 shrubs. Trees may be planted in clusters, but shall not exceed 50' on centers abutting the street. Proposed landscaping appears to be generous. City of Okeechobee Site Plan Review Applicant: Asmussen Engineering ALF Petition No.: 08- 014 -TRC 4 City of Okeechobee Site Plan Review Other Requirements and Considerations: Sidewalks (Sec. 78 36): A sidewalk is shown along NE 11 Street Lighting Plan (Sec. 78 -71): The Applicant has not shown the locations of lights on the property and has not submitted a lighting plan for the parking area. A lighting plan should be submitted that meets the standard adopted by the City under Ordinance 1010 on February 19, 2008 of an average of one -half horizontal foot candle power of artificial lighting. (3) Applicant: Asmussen Engineering ALF Petition No.: 08- 014 -TRC Dumpster Location: The dumpster location shown on the site plan does not appear to be placed in a manner that will allow for safe access and internal circulation. The dumpster location is to close to the throat of the driveway and needs to be relocated. Compatibility with the surrounding area: A Special Exception should also be considered in light of the standards set forth in Sec. 70- 373(b). Those that concern the physical development of the site as opposed to the appropriateness of the use are primarily associated with the following requirements to: "(2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems." The general scale of the facility is not particularly out -of -scale with the surrounding neighborhood, which for the most part is commercial. The Applicant has proposed a six -foot high privacy wall which will act as buffer for the single family residence to the south. Landscaping is generous and no special buffering is necessary to protect other than the single family homes to the south and southeast. 5 City of Okeechobee Site Plan Review Applicant: Asmussen Engineering ALF Petition No.: 08- 014 -TRC Recommendations: Staff recommends that the building be modified to meet the 40 -foot minimum setback from NE 2nd Avenue for any new construction or addition, and that the dumpster be relocated so as to be in a safe and accessible location. Submitted by: James G. LaRue, AICP Planning Consultant December 9, 2008 Technical Review Committee Meeting of December 17, 2008 Attachments: Aerial 6 City of Okeechobee Site Plan Review Applicant: Asmussen Engineering ALF Petition No.: 08- 014 -TRC SUBJECT SITE AND SURROUNDING LAND USES 7 t 1JII€PENDENT iiiiii NEWSPAPERS OKEECHOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 1t; r as o g Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continu- ously 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. A.0 wor t�o and subscribed before me this of .ry Public, State of Flo at Large o f e‹, Janetta Thibouit Commission DD505311 st 0 Expires January 10, 2010 OF RP' Bided Try Fan esaaroe sic sba•]estot9 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 AD 4.d (863) 763 -3134 -iris dell 11(d/CE 1S HEIR' Int the celieg4d Okeechobee war tgltiC N $rt ialit Mtfi�iiii oKMilCiri'MC lied he mint m. a aie' sal Ss EASE NOTIBFABB BE D'•rit t n.y: defies io any dilsid fititlltbiliuted usim iacirlidit*e respdtto'fry0ater wedded it this mufti such iiNegei POsan wS avert a hard aftie.fiproo-- =iiaad ewk a Cp In appalls to be based. Mda se used to the sale Outpost c badwp for ft canti SSssrr t)lix, I0,ioeotdefi illh� !n'eIhiedeaie 7 T 001e r10 aetl, Smite 286.26, apet tl oilb 'b this ahrtild co00Car na,.tie Ati 1wa, days; a .036 t i is Pa IT w li e, .PI Illt i! m: line il Servlies c oa g ulator Man ON 12/12/0 3' .13,5 bO -y 715 -3_f eta c b Ob fl (Nu Ac z-) o o Q 09 3.- 11- 19- 2008 15:58 NUNEZ 8634670610 OKE ECHOBEE COUNTY Mc SHERMAN OFFICE OF PROP ATYAPPRAIS,RR Print or type parcel ambers Into the boxes below to be coaubuied into one new parcel: Owner Name: Date; Owner Signature: For Met Use Only: New Parcel Number. Tay R:tt• ve. l.i.. 7- 11-19 -2006 1540 NUNEZ 86346706 World's Best Fresh Water Fishing PRGE1 1 74 3-4446 307 N. W. 5 StEA OKEECffO8EE, FLORIDA 34972 Telephone (863) 783 -4422 Fax (863) 763 -4745 ww tolaretiokete cent Application. for Combination of Existing Parcels lastruenoes: Please teed the requirements, complete the form, sign, date and return to our office. If you need assistance or have queStion.s, please call (863) 763-4422 and ask for Dora or Walter. general Requirem cttsi This form is a request to combine parcels per the owner's request Our office will only combine parcels that meet the following: Title to and ownership of the parcels is identical. The parcels we contiguous. Lots of a plat separated by a public easement of thoroughfare are not considered contiguous. Metes and bounds parcels in different %mots do not qualify. Proof that all taxes on the parcels have been paid. ALL REQUESTS MUST RAVE OWNER'S SIGNATURE., We reserve the right to request additional information as necessary to complete the request Additional information may include items such as a copy of a survey or a letter from the governing jurisdiction regarding the request etc. S a �e! _i _C x .1' J L; G Y c Win( PLAMIZIG DgvE QPM NT 78tH '7635, 4$? TO DJscvss Affyitrrog LM LjCATI21 MULIMLERST MAY RAVE. A_OideullffsktaMinfenesliesu For a condominium request, the owner must obtain a letter from the condominium association actraowledging the request and the property's physical status as one living unit. Please be advised that this request does not imply suitability or authorize development of the parcel. Please contact the appropriate land development or planning and zoning department for your jurisdiction for questions concurring development of the parcel. No rights are being granted by this action. that are tide: ad to any regulatory agency. This action does not nullify or alleviate any existing liens or cacumbrenccs on the property. You agree by submitting this application that the Okeechobee County Property Appraiser is neither responsible nor liable for any problems or complications resul wg from this request. PAGE 1 Applicant: David Anita Nunez Applicant Address: 2085 SE 4th Street Okeechobee, FL 34974 Contact person: Anita Nunez owner Contact Phone Number: 863 467 0611 Staff Report Site Plan Review General Information: Leal /Description of Subject Property: 3-15-37-35-0010-00010-001H, 3-15-37-25-0010-00010-001K, 3- 15- 37 -25- 0010 01470 -0060 and 3- 15- 37 -25- 0010- 01480 -0010 Note: Legal description on site plan is incorrect. Parcel ID: 4€ 117 NUNEZ PROPERTY Application No.: 08- 013 -TRC Applicant's Name: David Anita Nunez 300 0 300 600 Feet 2 KENNEDY, LYNCH ASSOCIATES, INC. 1 03 SOUTH RIDGEWOOD DRIVE, SEBRING, FLORIDA 33870 (863) 471-3989 OFFICE (863) 471-3190 FAX KENNEDYLYNCH @EMBAROMAIL.CDM ua«y 1.,1VI1I I IL FAX FROM: Kim Wilcox Jeff Kennedy DATE: September 3, 2009 RE: Shoppes on the Boardwalk Attached is the SFWMD Permit for the Shoppes on the Boardwalk. If you have any questions, please call_ FROM FAX NO. Apr. 19 2008 04:25PM P2 11.14 -2008 S.F.W.M.D. ATTN: KELLY CRANFORD. P.E. RE: PROPOSED SHOPPES ON THE BOARDWALK PERMIT INQUIRY DEAR KELLY, ATTACHED PLEASE FIND PLANS AND CALCULATIONS FOR THE ABOVE REFERENCED PROJECT. WE BELEIVE THAT IT MEETS THE CRITERIA FOR A 'N0 NOTICE PERMIT. THERE IS LESS THAN 10 ACRES OF LAND OWNERSHIP, LESS THAN 2 ACRES OF IMPERVIOUS SURFACE, NO WETLAND IMPACTS AND AN AVERAGE OF AT LEAST 25 FEET OF UPLAND BUFFER FROM THE TOP OF BANK OF TAYLOR CREEK. THE CITY OF OKEECHOBEE ENGINEER. OSCAR BERMUDEZ, HAS REQUESTED WRITTEN AUTHORIZATION FROM YOUR OFFICE TO CONFIRM THAT WE DO INDEED QUALIFY FOR A NO NOTICE GENERAL PERMIT. PLEASE CONTACT US IF YOU NEED ANY FUTHER INFORMATION. F KENNEDY RESIDENT KENNEDY, LYNCH ASSOC., INC. CONSULTING CIVIL ENOINEERB Sc LAND DEVELOPMENT CONSULTANTS DATE 102 ROUTH NIOUs1•000 NNNNINO. FLOItlbA 2$70 OII1Oi- N1d'!1•2NO FAX 2 2 -47151 0 21 -MAIL L FROM FAX NO. KENNEDY, LYNCH at ASSOCIATES, INC. 1 03 SOUTH RIDGEWOOD DRIVE, SEORINO, FLORIDA 33870 (8631471-3989 OFFICE (863) 471-3190 FAX KENNEDYLYNCHOEMBARQMAIL,COM TO: Betty FROM: Kim SUBJECT: Copy of Letter to SFWMD for Shoppes on the Boardwalk If you have any questions, please call me. Apr. 19 2008 04:25PM P1 Form #0941 08,95 PERMITTEE: DAVID ANITA NUNEZ 2085 S E 4TH STREET OKEECHOBEE, FL 34974 PROJECT DESCRIPTION: Construction and operation of a surface water management system to serve a 1.64 acre project known as Shoppes of the Boardwalk. PROJECT LOCATION: OKEECHOBEE COUNTY, SEC 15 TWP 37S RGE 35E PERMIT DURATION: See Special Condition No:1. See attached Rule 40E- 4.321, Florida Administrative Code. This is to notify you of the District's agency action concerning Notice of Intent for Permit Application No. 081117 -18, dated November 17, 2008. Th is action is taken pursuant to Rule 40E•1.603 and Chapter 417E -40 Florida Administrative Code (F.A.C.), Based on the information provided. District rules have been adhered to and an Environmental Resource General Permit is in effect for this project subject to: 1. Not receiving a flied request for a Chapter 120, Florida Statutes, administrative hearing. 2. the attached 19 General Conditions (See Pages 2 4 of 6), 3, the attached 15 Special Conditions (See Pages 5.6 of 6) and 4. the attached 2 Exhibit(s) Should you object to the conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the "Notice of Rights," we wilt assume that you concur with the District's action. HEREBY CE chat a "Noti .f Rights" has been mailed to the Permittee (and the persons listed in the attached n.0 on It no !a .n 5:00 p.m. on this 3rd day of March, 2009, in accordance with Section 120.6 B Servi C ter Dlrector Okeechobee Service Center Certified mail number 7155 5474 4100 7795 2982 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE STANDARD GENERAL PERMIT NO. 47- 00968 -P DATE ISSUED:March 3, 2009 CERTIFICATE OF SERVICE Page 1 of 8 1. GENERAL CONDITIONS Apprlcation No.: OB1117 -18 Page 2 of 6 All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation. 1988), incorporated by reference in Rule 40E- 4.091, F.A.C. unless a project- specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. 5. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. 6. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written statement of completion and certification by a professional engineer or other individual authorized by law, utilizing the supplied Environmental Resource /Surface Water Management Permit Construction Completion /Certification Form Number 0881A, or Environmental Resource /Surface Water Management Permit Construction Completion Certification For Projects Permitted prior to October 3, 1995 Form No. 0881B, incorporated by reference in Rule 40E- 1.659, F.A.C. The statement of completion and certification shall be based on onsite observation of construction or review of as -built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation from the approved drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as- built" or "record" drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective: until the permittee has compiled with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved, operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall initiate transfer of the permit to the approved responsible operating entity if different from the permittee. Until the permit is transferred pursuant to Section 40E- 1.6107, F.A.C., the permittee shall be liable for compliance with the terms of the permit. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit. such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State, county or municipal entitles. Final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create In the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee. or convey arty rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E -40, F.A.C.. 8. GENERAL CONDITIONS Application No 081117-18 Page 3 of 6 12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement. or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state owned lands. 13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E 20.302(3), F.A.C., also known as the No Notice" Rule. 14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit GENERAL CONDITIONS Application No.: 081117 -18 Pagg 4 of6 application, including plans or other supporting documentation, shall not be considered binding, unless a specific 'condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E- 1.6105 and 40E- 1.6107, F.A.C.. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. 1f historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate District service center. 19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. SPECIAL CONDITIONS 1. The construction phase of this permit shall expire on March 3. 2014. 2. Operation of the surface water management system shall be the responsibility of the permittee. 3. Discharge Facilities: Structure; S -12 (internal) 1 -36' WIDE SHARP CRESTED weir with crest at elev. 22' NGVD 29. 1 -3' W X 4' L drop inlet with crest at elev. 23.2' NGVD 29. Receiving body Internal system Control elev 19 feet NGVD 29. 6. Structure: S -3 (discharge) 1 -12" W X 9" H RECTANGULAR ORIFICE weir with crest at elev. 20.33' NGVD 29. 1 -3' W X 4' L drop inlet with crest at elev. 22.5' NGVD 29. Receiving body Taylor Creek Control elev 19 feet NGVD 29. Application No.: 081117.18 Page 5 of 6 4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. 5. Measures shall be taken during construction to insure that sedimentation and /or turbidity violations do not occur in the receiving water. 6. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. 7. Facilities other than those stated herein shaft not be constructed without an approved modification of this permit. A stable. permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report, The location of the elevation reference must be noted on or with the certification report. 9. The permittee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments /debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. 10. This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the completed surface water management system occur, the District wIll require the permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surface water management system. if necessary, to eliminate the cause of the adverse impacts. 11. The permittee acknowledges, that pursuant to Rule 40E- 4.101(2), F.A.C., a notice of Environmental Resource or Surface Water Management Permit may be recorded in the county public records. Pursuant to the specific language of the rule, this notice shall not be considered an encumbrance upon the property. 12. Minimum building floor elevation: BASIN: Developed Site 23.50 feet NGVD 29. 13. Minimum parking lot elevation: Basin: Developed Site 21.50 feet NGVD 29. 14. Silt screens, hay bales. turbidity screens/barriers or other such sediment control measures shall be utilized SPECIAL CONDITIONS Application No.; 081117 -18 Page 6 of 6 during construction. The selected sediment control measures shall be installed prior to the commencement of construction In or adjacent to other surface waters in accordance with Exhibit No. 2 and shall remain in place until ell adjacent construction is completed. All areas shall be stabilized and vegetated immediately after construction to prevent erosion into the surface waters. 15. The District reserves the right to require remedial measures to be taken by the permittee if monitoring or other information demonstrates that adverse impacts to onsite or offsite wetlands, upland conservation areas or buffers, or other surface waters have occurred due to project related activities. RETURN TO AND PREPARED BY: CITY OF OKEECHOBEE Office of the City Clerk 55..E. 3` Avenue obee, Florida 34974 STATE` CITY 0 THIS f ENTURE, made and entered into this day of20d9, by and betwe VID ANITA NUNEZ, GRANTORS, and the CITY OF OKEE HOBEE FLORIDA, a mu al corporation existing under the laws of Florida, GRANTEE; WHEREAS right of way contig LORIDA ECHOBEE WHEREAS, G' c has agreed to reserve unto the City its Successors and Assigns, a ent for public utilities purposes of Northeast 2 Street as a provision of Ordinance r j 19; and WHEREAS, Grantor f •1 and other valuable considera s, herself and all other persons cia title, or their heirs, assigns or leg describing land located in Towns grantee an easement or right -of -w in the manner expressed below; GRANT OF EASEMENT FILE NUM 2009000693 OR BK 00664 PG 1893 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 01/22/2009 11:26:14 AM AMT 10.00 RECORDING FEES 27.00 DEED DOC 0.70 RECORDED BY M Pinon Pss 1893 1895; (3pss) 0 r3 -ntee is seized in fee simple of a parcel of land, roadway, alley, or 0 o the lands of Grantors(s), and ed in consideration of the sum of Ten Dollars ($10.00) the sufficiency of which is herein acknowledged, for g by, through or under Grantor, their predecessors in resentatives by virtue of any deeds of conveyances South, Range 35 East, to grant and convey to the land described below, for the purposes and NOW, THIS INDENTURE WITNESSETH: That, in pursuance of this agreement and in consideration of the sum of Ten dollars ($10.00), and other valuable consideration, receipt of which is hereby acknowledged, Grantor grants unto Grantee, its assigns, successors in interest or subsequent entities, and to all other likely situated as above described; Full and free right and liberty for them and their authorized tenants, servants, agents, employees, licensees, in common with all persons having the like right, at all times hereafter, for all purposes connected with the use and enjoyment of the land of the Grantor and those likely situated for whatever purpose the land from time to time lawfully may be used and enjoyed, and the right further granted to create and maintain a utility corridor, for the construction, placement or other installation of utility service as needed by the City, or its successors in interest, for underground utilities and storm water drainage or management; said easement described more particularly as follows: COMMENCE AT THE SOUTHWEST CORNER OF BLOCK 147, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SAID POINT LYING ON THE EAST RIGHT -OF -WAY LINE OF N.E. 7 AVENUE; THENCE BEAR S00 01'59" E, ALONG SIDE EAST RIGHT -OF -WAY LINE OF N.E.7TH AVENUE, FOR A DISTANCE OF 57.16 FEET TO THE CENTERLINE OF AN EXISTING 36" REINFORCED CONCRETE PIPE AND THE POINT -OF- BEGINNING OF SAID CENTERLINE OF 34.00 FOOT DRAINAGE EASEMENT; THENCE BEAR S89 °58 "57E, ALONG SAID CENTERLINE, FORA DISTANCE OF 287.88 FEET TO THE INTERSECTION WITH THE WESTERLY TOP OF BANK OF TAYLOR CREEK AND THE POINT -OF- TERMINUS OF SAID CENTERLINE OF EASEMENT. A SURVEY OF SAID EASEMENT, IS ATTACHED HEREWITH AS EXHIBIT A. TO HAVE AND TO HOLD in perpetuity the easement or right -of -way hereby granted unto Grantee, its assigns or successors in interest and those likely situated as described, as appurtenant to the land of the Grantee and those likely situated and every part of it. Book664 /Page1893 CFN #2009000693 Page 1 of 3 It is understood that the easement is given upon the express understanding and condition that it may be used by Grantor, his heirs executers and assigns in conjunction w the use of Grantee, to the extent such use does not interfere with such utility or ge service as provided by Grantee. If such use, in the sole discretion of the Grantee, materially interfere with Grantees operation of utility or drainage facilities within the e: kint, then Grantors shall be solely liable to remove or correct such interference in use upo j Vt ten demand of Grantee. stormw code or o the facilitie to Grantee u conducted with the first year fol abov David Nunez STATE OF FLORIDA CITY OF OKEECHOBEE EFORE the unde this day of January 20 the following identification: to law, states that they executed the r ATTEST: 0 IN WITNES en. rther understood that Grantee may improve, maintain and otherwise construct anagement/drainage ditch on the easement in conformity with State and local nce, and Grantor in no way will be bound to improve, maintain or construct keep it in repair; nor does Grantor assume any liability or responsibility e land by invitation, express or implied, or by reason of any business tee, or otherwise, Grantor shall, however, maintain the easement for g execution of this agreement. REOF, Grantor have set their hand and seal on the day and year MEU A M. ®M3$ MY CX)ANOSSION /00100512 EXPIRES March 7, 2009 ema.en..uoryrw.t. anww. R9- LANE AMIO EA, CMG, City Clerk STATE OF FLORIDA CITY OF OKEECHOBEE REVI ED FOR LEGAL UFFICIENCY: JOHN R. COOK, City Attorney Book664 /Page1894 CFN #2009000693 nita Nunez d authority, appeared David and Anita Nunez, o is ersonally knowWig or who produced and who being first duly sworn according ing instrument for the purposes therein stated. NOT RY PUBLIC My Commission Expires: IN WITNESS WHEREOF, Grantee has set its hand and seal on the day and year above written accepting on behalf of the City of Okeechobee, Florida such dedication and grant of easement. S E. KIRK, Mayor BEFORE ME, the undersigned authority, appeared James E. Kirk. and Lane Gamiotea, this ,9,) day of SO n u a rki 20 Oy, who are personally known to me or who produced the following identification: who being first duly sworn, do state that the foregoing is true and correct to the best of their knowledge and belief, and executed for the purposes stated herein. O ARY PUBLIC My Commission Ex. ires: Page 2 of 3 76 RE: Unnumbered 6 SW Corner Blk 147 R8F: Unnumbered P NN Corner 815. 148 DLOCK 147 '4141111 11 :11111411.....1100111t rl E. 2m STREET E I QTTH C(R!^E1 (F' 1 70'R/11 6LOa( 148 n 589. 46 A05185) 15O 56-(T) 8EIN8 A 3A 1 1 EASEIENT LYING IN A PORTION OF SECTION 15, TOWNSHIP 37 OIEEIBOBEE CO. WY. FLORIDA AND LT IN 17.00 FEET OI El it. PARALLEL WI 111 (EKT001 NG OR RETRACTING 70 INTERSECT THE O BAN; OF TATLMI CPFE53, THE FOLLOWING DESCRIBED CEMERLINE OF AT 715 SOUTHWEST L 06659 OF RACK 147. 00055110000. ACCORDING TO TIE tePFAF AS RECOPBED IN PLAT 800( 5, PAGE 5 OF TIE P(NLIC WCORDS OF OWE- OU T{E1�IDA, SAID POINT LYING ON THE EAST RIONFOF -MAY ENE OF N. E TRI AY0 BEAR S00'01'B9'E. ALLOTS SA EAST RI68T- 8F-NAY LITE OF N E 710 075)95, FOR A DISTANCE OF 57.18 FEET TO THE COITEALIIE OF AN EXISTING 38• REINFORCED CONCRETE PIPE AID THE POIW- OF- 8E611MIN6 OF SAID CENIEFLIIE OF 34.00 FOOT DRAINAGE EASB ENT; 11ONE PEAR 589.58'57'Eg ALMS SAID CENTERLINE, FOR A DISTANCE OF 287.88 FEET TO TIE IN1tx5CTION MITN THE MESTERY TOP OF BANC OF TAYLOR CREEK AND TIE POINT- O:- 70MINJS OF SAID CENTERLINE OF EASEMENT. 1 1/Y 100 NOOabered 8 SE Corner 81k.147 30 15 0 30 1BCAIE AS SWIM LEWD PC1401 NFOF -IEe 118 I N8 IPBpFC-- 851 1- CON610111T 1W-RIONPUE FOND (F1 FIF1D 15090E (C) -CALL UTED 0ISFANOE 110 -W1N COC. E DEED 6KETCt4 34. 00' DRAINAGE SAGE ECIT FIAT A D011DARY 61.JRVEY QRVOTCIR FOTEG 1. Bearings sham are relative inswing 289.54'45.11 along PER/11 Line ILE2nd St. 11 Thls survey la based an Information provided by the customer /agent and no search MN made of pubs lc records by thls office to verify or deny owners. easeeent3.ar right -of days. 3. No visible or underground Improvement has been located except as shown. 4. This surrey Is not v11 Id without the alglataro and the original raised seal of a Florida Licensed Surveyor and Mapper. Additions er Deletions are prohibited without written consent of Surveyor. 5. There maybe additional restrictions that are not recorded on this surrey that may be fourth In the Public Records. g m Asa a fig 4 S 00 1*