Orange County Government. Board of County Commissioners. 201 South Rosalind Avenue County Commission Chambers. 1st Floor. County Administration Center www.OrangeCountyFL.net
TUESDAY, MAY 14,2013
MEETING STARTS AT 9:00 a.m. • • • • •
Invocation - District 1 Pledge of Allegiance Presentation of a proclamation designating Mayas Asian Pacific American Heritage Month Presentation of a proclamation designating May 19 through May 25, 2013 as EMS Week Public Comment*
I.
CONSENT AGENDA
A.
COUNTY COMPTROLLER
1.
Approval of the minutes of the April 9, 2013 meeting of the Board of County Commissioners. (Clerk's Office) Page 21-75 Approval of the check register authorizing the most recently disbursed County funds, having been certified that same had not been drawn on overexpended accounts. (Finance/Accounting) Page 21 Disposition of Tangible Personal Property as follows: (Property/Accounting) Page 21,76 a. Sell assets through public auction if not redirected to other departmental use. If no bids are received, offer to non-profit organizations and then scrap remaining assets.
2.
3.
CONTINUED 'Pursuant to Section 209 of the Orange County Charter, as amended on Nov. 4,2008, the Board of County Commissioners
must set aside at least 15 minutes at the beginning of each regular meeting for citizens to speak to the Board on any
matter of public interest under the Board's authority and jurisdiction, regardless of whether the public issue is on the
Board's agenda, but excluding matters that are not appropriate for public discussion, such as pending procurement or
land use Issues.
TUESDAY, MAY 14,2013
I.
CONSENT AGENDA (Continued)
B.
COUNTY ADMINISTRATOR
1.
Approval of the Membership and Mission Review Board's recommendations for the following advisory board appointments/reappointments: (Agenda Development Office) Page 77-78 A. Affordable Housing Advisory Board: Appointment of Betsy VanderLey to succeed Rick V. Baldocchi in the local planning agency representative category with a term expiring June 30, 2014. Page 79-80 B. Agricultural Advisory Board: Reappointment of David R. Ward in the cattle industry representative category with a term expiring December 31, 2014. Page 81-82 C. Children and Family Services Board: Reappointment of Leah B. Shepherd and Wanda W. Brewer in the at large representative category with terms expiring December 31,2014. Page 83-84 D. Citizens' Commission for Children: Reappointment of Alger M. Studstill, Jr., Katherine C. Clark, Ronita M. Sanders, Nancy Warren Nangle, and Donna H. Parker in the at large representative category with terms expiring December 31,2014. Page 85-86 E. Citizens' Review Panel for Human Services: Reappointment of Pedro Padua in the economically distressed representative category, Cleo P. Coles, Jr., M.D. in the senior advocate representative category, and Bobby L. Watson and Rev. Evers Robinson in the at large representative category with terms expiring December 31,2015. Page 87-88 F. Health Facilities Authority: Reappointment of A. William Forness, Jr. in the at large representative category with a term ending December 31, 2016. Page 89 G. Tourist Development Council: Reappointment of Mayor Howard Schieferdecker in the elected municipal official category, Randy A. Garfield and Cheryl Seckman in the owner/operator subject to the tax representative category, and Christine O'Neal in the non-owner/operator not subject to the tax representative category; and the appointment of Frederick G. Pullum in the owner or non-owner representative category with terms expiring April 30, 2017. Note: Mr. Garfield will move from the owner or non-owner representative category to succeed Harris Rosen in the owner/operator subject to the tax representative category. Mr. Pullum will succeed Mr. Garfield in the owner or non-owner representative category. Page 90-91
CONTINUED
Page 2
TUESDAY, MAY 14,2013
I.
CONSENT AGENDA (Continued)
B.
COUNTY ADMINISTRATOR (Continued)
2.
Approval of the following nominations for reappointment by the Greater Orlando Aviation Authority to the to the Aviation Noise Abatement Committee: a) Eric Norber for reappointment in the City of Orlando representative category with a term expiring April 4, 2017; b) Anthony E. Enright for reappointment in the at large representative of Orange County east of Goldenrod Road category with a term expiring April 4, 2017; and c) Simon Snyder for reappointment in the at large representative of north Orange County category with a term expiring April 4,2017. (Agenda Development Office) Page 92 Confirmation of Commissioner Edwards' appointment to the Lake Pickett Advisory Board of Alan Ashlock, Bonnie Rimmel, ana Dan G. Washburn with terms expiring December 31,2013 and David L. Evans and Debra L. Parish with terms expiring December 31,2014. (Agenda Development Office) Page 93 Approval of budget amendments #13-42 and #13-43. (Office of Management and Budget) Page 94-96 Approval of budget transfers #13-1104 and #13-1141. (Office of l\IIanagement and Budget) Page 97-99 Approval of CIP amendment #13C-0090. (Office of Management and Budget) Page 100-101
3.
4. 5. 6.
C.
ADMINISTRATIVE SERVICES DEPARTMENT
1.
Approval to award Invitation for Bids Y13-196-JS, Hydrofluosilicic Acid, to the low responsive and responsible bidder, Harcros Chemicals, Inc. The estimated contract award amount is $202,500 for a i-year term. ([Utilities Department Water Division] Purchasing and Contracts Division) Page 102-105 Approval to award Invitation for Bids Y13-187-PD, Fill Dirt, to the low responsive and responsible bidder, Paul E. Walsh Trucking, Inc. The estimated contract award amount is $431,250 for a i-year term. ([Public Works Department Roads and Drainage Division] Purchasing and Contracts Division) Page 106-108 Approval to award Invitation for Bids Y13-1007-JS, Sodium Hypochlorite, to the low responsive and responsible bidder, Odyssey Manufacturing Company. The estimated contract award amount is $892,800 for a i-year term. ([Utilities Department Water Division] Purchasing and Contracts Division) Page 109-111
2.
3.
CONTINUED
Page 3
TUESDAY, MAY 14,2013
I.
CONSENT AGENDA (Continued)
C.
ADMINISTRATIVE SERVICES DEPARTMENT (Continued)
4.
Approval to award Invitation for Bids Y13-1010-PD, Prescribed Fire and Associated Services, to the low responsive and responsible bidder, Habitat Restoration & Wild'fire Protection Services, LLC, for an estimated annual contract award amount is $200,000 (primary) and Green Environmental Management LLC for an estimated annual contract amount of $125,000 (secondary) for a 1-year term contract. ([Community, Environmental and Development Services Environmental Protection Division] Purchasing and Contracts Division) Page 112-115 Approval to award Invitation for Bids Y13-784-SB, Orange County Convention Center Interior Wayfinding Infra-Structure Improvements, West Concourse, to the low responsive and responsible bidder, BOG Construction Services, LLC. The total contract award amount is $159,127. ([Convention Center Capital Planning Division] Purchasing and Contracts Division) Page 116-118 Approval of Utility Easement between Shadow Wood Investors, LLC and Orange County, Subordination of Encumbrances to Property Rights to Orange County from PNC Bank, National Association flk/a RBC Bank (USA), Subordination of Encumbrance to Property Rights to Orange County from Covelli Family Limited Partnership II, Subordination of Encumbrances to Property Rights to Orange County from International Center Property Owners' Association, Inc., Subordination of Encumbrance to Property Rights to Orange County from Maybar 110, LLC and authorization to record instruments for Shadow Wood Parcels D/E/F - Utility File #69968. District 1. (Real Estate Management Division) Page 119-120
5.
6.
D.
COMMUNITY, ENVIRONMENTAL AND DEVELOPMENT SERVICES DEPARTMENT
1.
Approval of Orange County, Florida, Resolutions Establishing Special Assessment Liens for Lot Cleaning Services and approval to record Special Assessment Liens on property cleaned by Orange County, pursuant to Orange County Code, Chapter 28, Nuisances, Article II, Lot Cleaning. All Districts. (Code Enforcement Division) Page 121-122 LC 12-1255 LC 12-1325 LC 12-1442 LC 12-1633 LC 12-1677 LC 12-1051 LC 12-1287 LC 12-1301 LC 12-1428 LC 12-1501 LC 12-1517 LC 12-1561 LC 12-1597 LC 12-1634 LC 12-1635 LC 12-1648 LC 12-1679 LC 13-0047 LC 13-0073 LC 12-1626 LC 13-0011 LC 13-0015 LC 13-0170 LC 12-1619 LC 13-0195 LC 13-0232 LC 13-0342 LC 12-0844 LC 12-1132 LC 12-1136 LC 12-1153 LC 12-1212 LC 12-1221 LC 12-1229 LC 12-1249 LC 12-1258 LC 12-1271 LC 12-1333 LC 12-1427 LC 12-1439
CONTINUED
Page 4
TUESDAY, MAY 14, 2013
I.
CONSENT AGENDA (Continued)
D.·
COMMUNITY, ENVIRONMENTAL AND DEVELOPMENT SERVICES DEPARTMENT (Continued)
2.
Approval of Road Impact Fee Agreement Orchid Bay Development, LLC International Drive by and between Orchid Bay Development, LLC and Orange County for Owner to construct intersection improvements to the intersection of International Drive and Westwood Blvd. extension and receive road impact fee credits for actual approved costs not to exceed $74,000. District 1. (Roadway Agreement Committee) Page 123-143 Note: This item will be pulled to be heard with Public Hearing C.3. Approval of Road Impact Fee Agreement Pavilion at Sand Lake Mandarin Drive Extension by and among IA Orlando Sand, L.L.C., Fourth Quarter Properties 129, LLC, and Universal City Property Management III LLC and Orange County for the dedication ot right-ot-way and design at no cost to the County with construction of Mandarin Drive Extension from Sand Lake Road to Universal Boulevard by Owners for 100% road impact fee credits. District 6. (Roadway Agreement Committee) Page 144-219
3.
E.
FAMIL Y SERVICES DEPARTMENT
1.
Approval of Florida Department of Children and Families Application for a License to operate a Childcare Facility at Callahan Head Start. This application is only executed by Orange County. (Head Start Division) Page 220-223 Approval of God's Little Lamb Learning Center Business Assistance for Neighborhood Corridors Program grant for April 2013 in the total amount of $2,986. District 6. (Neighborhood Preservation and Revitalization Division) Page 224-226 Approval of Law Office of Nicole V. McLaren, PLLC Business Assistance for Neighborhood Corridors Program grant for April 2013 in the total amount of $5,000. District 6. (Neighborhood Preservation and Revitalization Division) Page 227-229
2.
3.
CONTINUED
Page 5
TUESDAY. MAY 14,2013
I.
CONSENT AGENDA (Continued)
F.
HEALTH SERVICES DEPARTMENT
1.
Approval of the renewal Certificate of Public Convenience and Necessity for Ocoee Fire Department to provide Advanced Ufe Support Transport Service. The term of this certificate is from June 1, 2013 through June 1, 2015. There is no cost to the County. (EMS Office of the Medical Director) Page 230·232
G.
PUBLIC WORKS OEPARTMENT
1.
Approval of Interlocal Agreement between Osceola County and Orange County for Eminent Domain related to the Boggy Creek Road Projects by and between Osceola County and Orange County for design, right-of-way acquisition, construction and maintenance of road improvements to the intersection of Boggy Creek and Boggy Creek Road and an east-west segment of Boggy Creek Road. Orange County recognizes Osceola County's ability to utilize eminent domain powers to acquire the right-of-way needed for the improvements within Orange County at no cost to Orange County. District 4. (Transportation Planning Division) Page 233-292 Approval of Road Impact Fee Agreement regarding an Alternative Traffic Impact Fee Calculation Transfer for Buffalo Wild Wings at Sea World by and between Maybar 110, LLC and Orange County, Florida. District 1. (Traffic Engineering Division) Page 293-306 Approval of State of Florida Department of Transportation Construction Agreement by and between State of Florida, Department of Transportation and Orange County, Florida for Construction of the Roadway Improvements along Wetherbee Road from Balcombe Road to Orange Avenue, including the bridge over the Turnpike within FDOT's right-of-way. District 4. (Engineering Division) Page 307
2.
3.
H.
UTILITIES DEPARTMENT
1.
Authorize payments for additional expenses in the amount of $1,089,401.60 for a total of actual expenses up to $22,985,401.60 for the utility work associated with the State Road 50 (Colonial Drive) Construction Project between Dean Road and Old Cheney Highway (Project No.: 239203-4-56-01). Districts 3, 4 and 5. (Engineering Division) Page 308
CONTINUED
Page 6
TUESDAY, MAY 14,2013
II.
INFORMATIONAL ITEMS**
A.
COUNTY COMPTROLLER
1.
Receipt of the following items to file for the record: (Clerk's Office) Page 309-311 a. City of Apopka Annexation Ordinances and Vicinity Maps as follows: Ordinance No. 2267, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by Property Industrial Enterprises, LLC, located south of 1st Street and west of Hawthorne Avenue; providing for directions to the City Clerk, severability, conflicts, and an effective date. Ordinance No. 2268, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by KTS Consultants, Inc., located south of 1st Street and west of Hawthorne Avenue; providing for directions to the City Clerk, severability, conflicts, and an effective date. Ordinance No. 2274, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by City of Apopka, located north of West McCormick Road and east of S. R. 429; providing for directions to the City Clerk, severability, conflicts, and an effective date. Ordinance No. 2275, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by City of Apopka, located south of Orange Blossom Trail and west of North Hiawassee Road; providing for directions to the City Clerk, severability, conflicts, and an effective date. Ordinance No. 2276, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by Adams Brothers Construction Company, Inc., located south of East 13th Street and west of Apopka Boulevard; providing for directions,to the City Clerk, severability, conflicts, and an effective date. **With respect to informational items, Board action is neither required nor necessary, and Board approval (or disapproval) is not to be implied.
CONTINUED
Page 7
TUESDAY, MAY 14, 2013 II.
INFORMATIONAL ITEMS** (Continued)
A.
COUNTY COMPTROLLER (Continued)
1.
Receipt of the following items to file for the record: (Continued) (Clerk's Office) Page 309-311 a. City of Apopka Annexation Ordinances and Vicinity Maps as follows: (Continued) Ordinance No. 2277, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by Rock Springs Estates, LLC., located north of West Lester Road and east of Vick Road; providing for directions to the City Clerk, severability, conflicts, and an effective date. Ordinance No. 2278, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by Rock Springs Estates, LLC.! located south of West Lester Road and east of Vick Road; providing for directions to the City Clerk, severability, conflicts, and an effective date. Ordinance No. 2293, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by Apopka Assembly of God, located south of Adams Avenue and east of Park Avenue; providing for directions to the City Clerk, severability, conflicts, and an effective date. Ordinance No. 2294, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by Apopka Assembly of God, located north of Monroe Avenue and east of Park Avenue; providing for directions to the City Clerk, severability, conflicts, and an effective date. Ordinance No. 2295, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by Cyril P. Orr Trust, located south of Orange Blossom Trail and west of Hawthorne Avenue; providing for directions to the City Clerk, severability, conflicts, and an effective date. **With respect to informational items, Board action is neither required nor necessary, and Board approval (or disapproval) is not to be implied.
CONTINUED
Page 8
TUESDAY, MAY 14,2013
II.
INFORMATIONAL ITEMS** (Continued)
A.
COUNTY COMPTROLLER (Continued)
1.
Receipt of the following items to file for the record: (Continued) (Clerk's Office) Page 309-311 a. City of Apopka Annexation Ordinances and Vicinity Maps as follows: (Continued) Ordinance No. 2296, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by City of Apopka, located south of Snowden Road and east of Old Apopka Road; providing for directions to the City Clerk, severability, conflicts, and an effective date. Ordinance No. 2297, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by City of Apopka, located south of Snowden Road and east of Old Apopka Road; providing for directions to the City Clerk, severability, conflicts, and an effective date.
··With respect to informational items, Board action is neither required nor necessary, and Board approval (or disapproval) is not to be implied.
CONTI NII ED
Page 9
TUESDAY, MAY 14,2013 III.
DISCUSSION AGENDA
A
COMMUNITY, ENVIRONMENTAL AND DEVELOPMENT SERVICES DEPARTMENT
1.
Regional Priorities Presentation. Page 312-321
B.
FIRE RESCUE DEPARTMENT
1.
Orange County Fire Rescue Organizational Assessment. Page 322
RECESS
Page 10
TUESDAY, MAY 14,2013 MEETING STARTS AT 2:00
IV.
p.m. RECOMMENDATIONS
April 18, 2013 Planning and Zoning Commission Recommendations
CONTINUED
Page 11
TUESDAY, MAY 14,2013
V.
PUBLIC HEARINGS
Public hearings scheduled for 2:00 p.m. A.
Municipal Service Benefit Unit 1.
B.
Planning and Zoning Commission Board-Called 2 ../
C.
Azalea Park Section 3 and 13 - Cocos Drive and Dogwood Drive, establish for streetlighting; District 3
Applicant: Jay Jackson, Universal Boulevard Planned Development (PO) Land Use Plan (LUP) Case LUPA-12-03-065; February 21, 2013; District 6 (Continued from March 26, April 9, and April 30, 2013)
Substantial Change 3 ../
Applicant: Jay Jackson, Pavilion at Sand Lake Planned Development (PD) Land Use Plan (LUP) Case #CDR-12-12-020; amend plan; District 6 (Continued from March 26, April 9, and April 30, 2013)
" The notated public hearing is quasi-judicial in nature. As such. any verbal or written communication with a member of the Board of County Commissioners prior to today's quasi-judicial hearing should be disclosed on the record or made a part of the record during the public hearing by or on behalf of the party who communicated with the Board member to allow any interested party an opportunity to inquire about or respond to such communication. Failure to disclose any such communication may place the party who ultimately prevails at the quasi-judicial hearing at risk of having the Board's decision overturned in a court of law due to prejudice against the party who was not privy to the ex parte communication. Information regarding meetings held at the County Administration Building between any member of the Board and an outside party may be obtained at http://www.orangecountyfl.netlvisitors/reports/MeetingsReportPage.asp.
CONTINUED
Page 12
TUESDAY, MAY 14, 2013
V.
PUBLIC HEARINGS (Continued)
Public hearings scheduled for 2:00 p.m. (Continued) D.
Ordinance/Comprehensive Plan 4.
Amending Orange County Code, adopting 2013-1 Regular Cycle and Small-Scale Cycle Amendments to the 2010-2030 Comprehensive Plan (CP) 2013-1 CP ADOPTION - REGULAR CYCLE PRIVATELY-INITIATED AMENDMENT WITH CONCURRENT SUBSTANTIAL CHANGE REQUEST Amendment 2013-1-A-1-1 Joe Tramell, Tramell Webb Partners, Inc. for SLV Independence Phase 3, LLC; District 1 Horizon West Village of Bridgewater Specific Area Plan (SAP) - Greenbelt (GB) and Townhome/Apartment District (TH/APT) to Garden Home District (GHD) and Village Home District (VHD) v"Substantial Change Public Hearing Applicant: Joe Tramell, Tramell Webb Partners, Inc. for SLV Independence Phase 3, LLC, Signature Lakes Planned Development (PO) Land Use Plan (LUP) Case # CDR-13 03-055; amend plan to transfer 16.2 acres of Greenbelt to Parcel SC-12 and to amend Parcel SC-1 9 from Townhome/Apartment to Village Home; District 1
~ The notated public hearing is quasi-judicial in nature. As such, any verbal or written communication with a member of the Board of County Commissioners prior to today's quasi-judicial hearing should be disclosed on the record or made a part of the record during the public hearing by or on behalf of the party who communicated with the Board member to allow any interested party an opportunity to Inquire about or respond to such communication. Failure to disclose any such communication may place the party who ultimately prevails at the quasi-judicial hearing at risk of having the Board's decision overturned in a court of law due to prejudice against the party who was not privy to the ex parte communication.
Information regarding meetings held at the County Administration Building between any member of the Board and an outside party may be obtained at http://www.orangecountyfl.neUvisitors/reports/MeetingsReportPage.asp.
CONTINUED
Page 13
TUESDAY, MAY 14,2013 V.
PUBLIC HEARINGS (Continued)
Public hearings scheduled for 2:00 p.m. (Continued) D.
Ordinance/Comprehensive Plan (Continued) 4.
Amending Orange County Code, adopting 2013-1 Regular Cycle and Small-Scale Cycle Amendments to the 2010-2030 Comprehensive Plan (CP) (Continued) 2013-1 CP ADOPTION - REGULAR CYCLE PRIVATELY-INITIATED AMENDMENT WITH CONCURRENT REZONING REQUEST Amendment 2013-1-A-4-1 M. Rebecca Wilson, Esq., Lowndes, Drosdick, Doster,
Kantor & Reed, P.A./Hilde Bailey Land Trust and Harry H.
and Deborah C. Copeland; District 4
Low Density Residential (LOR) to Planned Development
Commercial (PO-C)
"'Rezoning Public Hearing Applicant: M. Rebecca Wilson, Waterford Oaks Planned Development; Case # LUPA-12-10-215; PO (Planned De4velopment) & A-2 (Farmland Rural District to PO (Planned Development (Waterford Oaks PO) District 4
" The notated public hearing is quasi-judicial in nature. As such, any verbal or written communication with a member of the Board of County Commissioners prior to today's quasi-judicial hearing should be disclosed on the record or made a part of the record during the public hearing by or on behalf of the party who communicated with the Board member to allow any interested party an opportunity to inquire about or respond to such communication. Failure to disclose any such communication may place the party who ultimately prevails at the quasi-judicial hearing at risk of having the Board's decision overturned in a court of law due to prejudice against the party who was not privy to the ex parte communication. Information regarding meetings held at the County Administration Building between any member of the Board and an outside party may be obtained at http://www.orangecountyfl.netivisitors/reportsIMeetlngsReportPage.asp.
CONTINUED
Page 14
TUESDAY, MAY 14,2013
V.
PUBLIC HEARINGS (Continued)
Public hearings scheduled for 2:00 p.m. (Continued) D.
Ordinance/Comprehensive Plan (Continued) 4.
Amending Orange County Code, adopting 2013-1 Regular Cycle and Small-Scale Cycle Amendments to the 2010-2030 Comprehensive Plan (CP) (Continued) REGULAR CYCLE STAFF INITIATED AMENDMENTS Amendment 20 13-1-8-FLU M-1 Map amendment removing Future Land Use Map designations for parcels previously annexed by incorporated jurisdictions within Orange County and adding designations for those that were inadvertently removed during a previous update or that do not currently have a future land use map designation; Countywide Amendment 2013-1-8-FLUM-2 Amendment to Future Land Use Map to change the future land use designation for the Camp Joy property from Rural/Agricultural (R) to Parks and Recreation/Open Space (PR/OS); District 2 Amendment 2013-1-8-FLUE-1 Text amendment to the Future Land Use Element Policy FLUS.1.4 establishing the maximum densities and intensities for proposed Planned Developments within Orange County; District 4 Amendment 2013-1-8-FLUE-2 Text amendments to Future Land Use Element Policies, as well as related policies and Recommended Land Use Map amendment within the Specific Area Plan (SAP), which relate to the Town Center area of Horizon West; District 1
CONTINUED
Page 15
TUESDAY, MAY 14,2013 V.
PUBLIC HEARINGS (Continued)
Public hearings scheduled for 2:00 p.m. (Continued) D.
Ordinance/Comprehensive Plan (Continued) 4.
Amending Orange County Code, adopting 2013-1 Regular Cycle and Small-Scale Cycle Amendments to the 2010-2030 Comprehensive Plan (CP) (Continued) REGULAR CYCLE STAFF INITIATED AMENDMENTS (Continued) Amendment 2013-1-8-FLUE-3 Text amendment revising FLU 1.1.2 to add language regarding the future land use map designations that permit student housing and to Opdate the density calculation for student housing units; Countywide Amendment 2013-1-8-FLUE-4 Text amendments to Future Land Use Element related to Narcoossee Road - Lake Hart/Lake Whippoorwill Rural Settlement Study Area; District 4 Amendment 2013-1-B-CP-1 Text amendments to the Future Land Use Element related to Urban Service Area and Urban Sprawl criteria; text amendments to the Capital Improvements, Potable Water, and Wastewater Elements related to the level of service for water and wastewater - Countywide
REGULAR CYCLE COMPREHENSIVE PLAN AMENDMENT ORDINANCE
CONTINUED
Page 16
TUESDAY, MAY 14,2013
V.
PUBLIC HEARINGS (Continued)
Public hearings scheduled for 2:00 p.m. (Continued) O.
Ordinance/Comprehensive Plan (Continued) 4.
Amending Orange County Code, adopting 2013-1 Regular Cycle and Small-Scale Cycle Amendments to the 2010-2030 Comprehensive Plan (CP) (Continued) SMALL SCALE PRIVATELY INITIATED AMENDMENTS Amendment 2013-1-S-5-1 Tom Sullivan, Lowndes, Drosdick, Doster, Kantor & Reed. P.A. for Astar 12203 East Colonial Drive - Orlando LLC;
District 5
Commercial (C) to Planned Development - High Density
Residential (PD-HDR)
SMALL SCALE PRIVATELY CONCURRENT REZONING
INITIATED
AMENDMENTS
WITH
Amendment 2013-1-S-2-1(fka 2012-2-S-2-1) Spencer Weaver for LA Estate LLC; District 2
Low Medium Density Residential (LMDR) to Commercial(C);
./Rezoning Public Hearing Applicant: Spencer Weaver for LA Estate LLC; Case # RZ 12-10-024; R-1 (Single-Family Dwelling District) to C-1 (Retail Commercial); District 2 ~ The notated public hearing is quasi-judicial in nature. As such, any verbal or written communication with a member of the Board of County Commissioners prior to today's quasi-judicial hearing should be disclosed on the record or made a part of the record during the public hearing by or on behalf of the party who communicated with the Board member to allow any interested party an opportunity to inquire about or respond to such communication. Failure to disclose any such communication may place the party who ultimately prevails at the quasi-judicial hearing at risk of having the Board's decision overturned in a court of law due to prejudice against the party who was not privy to the ex parte communication.
Information regarding meetings held at the County Administration Building between any member of the Board and an outside party may be obtained at http://www.orangecountyfl.neUvisitorsfreports/MeetlngsReportPage.asp.
CONTINUED
Page 17
TUESDAY, MAY 14,2013
V.
PUBLIC HEARINGS (Continued)
Public hearings scheduled for 2:00 p.m. (Continued) D.
Ordinance/Comprehensive Plan (Continued) 4.
Amending Orange County Code, adopting 2013-1 Regular Cycle and Small-Scale Cycle Amendments to the 2010-2030 Comprehensive Plan (CP) (Continued) SMALL SCALE PRIVATELY INITIATED CONCURRENT REZONING (Continued)
AMENDMENTS
WITH
Amendment 2013-1-S-2-2 Lucy Lewis for Miratellinc.; District 2
Low Density Residential (LOR) to Office (0)
./Rezoning Public Hearing Applicant: Lucy Lewis for Miratell Inc.; Case # RZ-12-12-035; R-1A (Single-Family Dwelling District) to P-O (Professional Office District); District 2
-J The notated public hearing is quasi-judicial in nature. As such, any verbal or written communication with a member of the Board of County Commissioners prior to today's quasi-judicial hearing should be disclosed on the record or made a part of the record during the public hearing by or on behalf of the party who communicated with the Board member to allow any interested party an opportunity to inquire about or respond to such communication. Failure to disclose any such communication may place the party who ultimately prevails at the quasi-judicial hearing at risk of having the Board's decision overturned in a court of law due to prejudice against the party who was not privy to the ex parte communication. Infonnation regarding meetings held at the County Administration Building between any member of the Board and an outside party may be obtained at http://www.orangecountyfl.netlvisitors/reports/MeetingsReportPage.asp.
CONTINUED
Page 18
TUESDAY, MAY 14, 2013 V.
PUBLIC HEARINGS (Continued)
Public hearings scheduled for 2:00 p.m. (Continued) D.
Ordinance/Comprehensive Plan (Continued) 4.
Amending Orange County Code, adopting 2013-1 Regular Cycle and Small-Scale Cycle Amendments to the 2010-2030 Comprehensive Plan (CP) (Continued) SMALL SCALE PRIVATELY INITIATED CONCURRENT REZONING (Continued)
AMENDMENTS
WITH
Amendment 2013-1-S-3-1 Kenneth J. Leeming, International Engineering Consultants,
Inc. for MGH Construction, Inc.; District 3
Low Medium Density Residential (LMDR) to Office (0)
"Rezoning Public Hearing Applicant: Kenneth J. Leeming, International Engineering Consultants, Inc. for MGH Construction, Inc.; Case # RZ-13 01-002; Rezoning R-2 (Residential District) to P-O (Professional Office District); District 3
SMALL SCALE CYCLE COMPREHENSIVE PLAN AMENDMENT ORDINANCE
..J The notated public hearing is quasi-judicial in nature. As such, any verbal or written communication with a member of the Board of County Commissioners prior to today's quasi-judicial hearing should be disclosed on the record or made a part of the record during the public hearing by or on behalf of the party who communicated with the Board member to allow any interested party an opportunity to inquire about or respond to such communication. Failure to disclose any such communication may place the party who ultimately prevails at the quasi-judicial hearing at risk of having the Board's decision overturned in a court of law due to prejudice against the party who was not privy to the ex parte communication.
Information regarding meetings held at the County Administration Building between any member of the Board and an outside party may be obtained at http://www.orangecountyfl.neUvisitors/reports/MeetingsReportPage.asp.
CONTINUED
Page 19
TUESDAY, MAY 14,2013
III.
DISCUSSION AGENDA (Continued)
C.
COUNTY MAYOR
1.
Open Discussion on issues of interest to the board. Page 323
" The notated public hearing is quasi-judicial in nature. As such, any verbal or written communication with a member of the Board of County Commissioners prior to today's quasi-judicial hearing should be disclosed on the record or made a part of the record during the public hearing by or on behalf of the party who communicated with the Board member to allow any interested party an opportunity to inquire about or respond to such communication. Failure to disclose any such communication may place the party who ultimately prevails at the quasi-judicial hearing at risk of having the Board's decision overturned in a court of law due to prejudice against the party who was not privy to the ex parte communication. Information regarding meetings held at the County Administration Building between any member of the Board and an outside party may be obtained at http://www.orangecountyfl.netlvisitors/reports/MeetingsReportPage.asp.
** * Any person wishing to appeal any decision made by the Board of County Commissioners at this meeting will need a record of the proceedings. For that purpose, such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act (ADA), if any person with a disability as defined by the ADA needs special accommodation to participate in this proceeding, then not later than two (2) business days prior to the proceeding, he or she should contact the Orange County Communications Division at (407) 836·5631. Para mayor informaci6n en espanol, por favor lIame al (407) 836-3111. NOTE: Reports from the County Mayor, the County Commissioners, the County Administrator, and the County Attorney may be presented at unscheduled times throughout the day, depending on the length of time required for advertised public hearings. Copies of Specific Project Expenditure Reports and Relationship Disclosure Forms are not included with agenda items unless there Is a listed expenditure or disclosure. Copies of theses completed reports and forms may be obtained by contacting the relevant Department/Division Office.
Page 20
I. CONSENT AGENDA
COUNTY COMPTROLLER
1·3
OFFICE OF THE COMPTROLLER ORANGE COUNTY FLORIDA
MARTHA O. HAYNIE, CPA County Comptroller 201 South Rosalind Avenue Post Office Box 38 Orlando, Florida 32802 Telephone: 407 -836-5690 Fax: 407-836-5599 Website wwwoccompt.com
COUNTY COMMISSION AGENDA Tuesday,May14,2013 COUNTY COMPTROLLER Items Requiring Consent Approval
1. Approval of the minutes of the April 9, 2013, meeting of the Board of County Commissioners. 2. Approval of the check register authorizing the most recently disbursed County funds, having been certified that same have not been drawn on overexpended accounts. Signature authorization and accompanying detail of most recently disbursed County funds are available in the Clerk's Office and on the Comptroller's web site. 3. Disposition of Tangible Personal Property. Approval is requested of the following: a) Sell assets through public auction if not redirected to other departmental use. If no bids are received, offer to non-profit organizations and then scrap remaining assets.
21
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS' MEETING
Date: Location:
Tuesday, April 9, 2013 Commission Chambers, Orange County Administration Center, First Floor, 201 S. Rosalind Avenue, Orlando, Florida Members Present: County Mayor Teresa Jacobs; Commissioners S. Scott Boyd, Fred Brummer, Pete Clarke, Jennifer Thompson, Ted Edwards; Commissioner Tiffany Russell joined the meeting where indicated. Others Present: County Comptroller Martha Haynie, County Administrator Ajit Lalchandani, County Attorney Jeffrey J. Newton, Documents Coordinator Jessica Moore • CALL TO ORDER, 9:07 a.m. • INVOCATION
Father Nicholas Tocco,
st. James Catholic Cathedral
• PLEDGE OF ALLEGIANCE • MEMBER JOINED: Commissioner Russell • PRESENTATION Proclamation designating the month of April as Child Abuse Prevention Month PRESENTATION Proclamation designating the week of April 14 through 20, 2013 as National Library Week
o
• PRESENTATION Proclamation designating April 22, 2013 as Earth Day o
PUBLIC COMMENT
The following persons addressed the Board for public comment: - Jim Pugh - Tom Roehlk - Kathy Ramsberger • COUNTY CONSENT AGENDA Motion/Second: Commissioners Boyd/Thompson AYE (voice vote): All members Action: The Board
April 9, 2013
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- Deferred County Comptroller Item 3 - Deferred Administrative Services Department Item 8 Deferred Community, Environmental and Development Services Department Item 5 for consideration with public hearing for Kevin Walsh, Waterleigh Planned Development (PO) Land Use Plan (LUP) - Deferred Community, Environmental and Development Services Department Item 6 for consideration with public hearing for Lance Bennett, Springhill Planned Development (PO) Land Use Plan (LUP) - Deferred Community, Environmental and Development Services Department Item 7 for consideration with public hearing for Jay Jackson, Pavilion at Sand Lake Planned Development (PO) Land Use Plan (LUP) Deferred Public Works Department Item 5 and further, approved the balance of the County Consent Agenda items as follows: County Comptroller 1.
Approval of the minutes of the February 26, 2013, meeting of the Board of County Commissioners. (Clerk's Office)
2.
Approval of the check register authorizing the most recently disbursed County funds, having been certified that same had not been drawn on overexpended accounts. Periods are as follows: - March 22, 2013, to March 28, 2013; total of $38,755,364.48.
- March 29, 2013, to April 4, 2013; total of $49,116,475.45.
(Finance/Accounting)
3.
Approval to negotiate, with execution by the Mayor, a tri-party contract between Wells Fargo, the Orange County Board of County Commissioners and the Orange County Comptroller for comprehensive banking and treasury management services, RFP #Y13-191. (Finance Accounting) (This item was deferred.)
County Administrator 1.
Confirmation of Mayqr Jacobs' appointment of Gabriela Ortigoni as the Mayor's representative on the Board of Zoning Adjustment with a term expiring December 31,2014. (Agenda Development Office)
2.
Approval of the Membership and Mission Review Board recommendations for advisory board appointments/reappointments: (Agenda Development Office)
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A. Affordable Housing Advisory Board: Appointment of Richard A. WentzelJ to succeed Jacquelyn J. Smith in the not for profit provider of affordable housing representative category with a term expiring June 30, 2014. B. Animal Services Advisory Board: Appointment of Donna Schade to succeed Mike J. Hart in the at large representative category with a term expiring December 31, 2013. C. Animal Services Classification Committee: Reappointment of Nanette Parratto Wagner, DV.M in the veterinarian category with a term expiring December 31, 2014 and the appointment of Chris Zaremby to succeed Robert W. Gidel and Lemuel G. Miller to succeed Chandra K. Waters in the at large representative category with terms expiring December 31, 2014 and Crockett Bohannon to succeed Clarence E. Laster in the alternate representative category with a term expiring December 31,2013. D. Children and Family Services Board: Appointment of Denise D. Dell-Powell to succeed Shelman L. Alexander in the at large representative category with a term expiring December 31,2014. E. Citizens' Review Panel for Human Services: Appointment of Adriana Comellas-Macretti to succeed Reginald B. Riley, PhD in the M/WBE spokesperson representative category with a term expiring December 31, 2014. F. Civic Facilities Authority: Reappointment of Vinell M. Hardrick in the Orange County representative category and Joaquin R. Balaguer and Michael P. Sampson in the City of Orlando representative category with terms expiring December 31,2015. G. Environmental Protection Commission: Reappointment of Michael L. Kyhos in the regulated business or municipal representative category with a term expiring December 31,2014. H. Fire and Life Safety Code Board of Adjustments and Appeals: Reappointment of Donald M. Williams in the architect representative category, John M. Sprinkle in the general contractor representative category, Major Stacy in the engineer representative category, and Christopher Geiger in the at large representative category with terms expiring December 31,2015. I. Public Works Advisory Board: Appointment of John A. Miklos to succeed Linda F. Bennett in the general consulting discipline representative category with a term expiring June 30, 2015.
3.
Approval of Resolution 2013-B-04 for the issuance of multifamily housing revenue bonds, to finance the acquisition and rehabilitation of Nassau Bay Apartments, a proposed transaction in Orange Cownty Florida in an amount not to exceed $39,500,000 of mortgage revenue bonds. District 2. (Housing Finance Authority)
4.
Approval for the Orange County Sheriff's Office to spend $1,000 from the Law Enforcement Trust Fund to provide eligible contributions to the National Alliance on Mental Illness (NAMI) Greater Orlando NAMI Walks 2013. (Office of Management and Budget)
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5.
Approval of budget amendments #13-36 and #13-37. (Office of Management and Budget)
6.
Approval of CIP amendment #13C-098. (Office of Management and Budget)
Administrative Services Department 1.
Approval to award Invitation for Bids Y13-137-J2, Term Contract - Retention Pond and Canal Cleaning and Restoration Services, to the low responsive and responsible bidder, American Persian Engineers & Constructors, Inc., in the estimated contract award of $379,190 for a 1-year term contract. Further, authorized the Purchasing and Contracts Division to renew the contract for two additional one-year option periods. ([Public Works Department Roads and Drainage Division] Purchasing and Contracts Division)
2.
Approval to award Invitation for Bids Y13-147-J2, Term Contract Guardrail and Handrail Installation and Repair, to the low responsive and responsible bidder, Southeast Attenuators, Inc., in the estimated contract award amount of $348,960 for a 1-year term contract. Further, authorized the Purchasing and Contracts Division to renew the contract for two additional one-year option periods. ([Public Works Department Roads and Drainage Division] Purchasing and Contracts Division)
3.
Approval to award Invitation for Bids Y13-177-JS, MSBU and Non-MSBU Retention Pond Mowing and Maintenance Taft and Three Points, to the low responsive and responsible bidder, Aristocuts Lawn & Garden Services, Inc., in the annual estimated contract award amount of $208,500 for the basic year, Lot A, Taft and $139,000 for the basic year, Lot B, Three Points. Further, authorized the PurchaSing and Contracts Division to exercise two additional 1-year options. ([Public Works Department Roads and Drainage Division] Purchasing and Contracts Division)
4.
Approval to award Invitation for Bids Y13-758-CH, Lake Underhill Road and Econlockhatchee Trail Intersection Improvements, to the low responsive and responsible bidder, Stage Door II, Inc., in the estimated contract award amount of $474,272. ([PubliC Works Department Roads and Drainage Division] Purchasing and Contracts Division)
5.
Approval of Purchase Order M62425, Second Life Rebuild of Caterpillar 836H Landfill Compactor, to Ring Power Corporation in the total amount of $621,300.17. ([Utilities Department Solid Waste Division] Purchasing and Contracts Division)
6.
Approval of Contract Y13-1026-DG, AIDS Insurance Continuation Program - Ryan White Part A to Hope and Help Center of Central Florida, Inc. in the total amount of $233,000, for a period of 12 months. ([Family Services Department] Purchasing and Contracts Division)
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7.
Approval to make payment to Community, A Walgreens Pharmacy for pharmaceutical services rendered to Ryan White eligible HIV/AIDS consumers in the estimated amount of $410,000. ((Family Services Department] Purchasing and Contracts Division)
8.
Approval and execution of Corrective Distribution Easement between Orange County and Progress Energy Florida, Inc. and authorization to record instrument for Kelly Park (Campground electrical easement). District 2. (Real Estate Management Division) (This item was deferred.)
9.
Approval of As Is Residential Contract for Sale and Purchase with Addendum to Contract between Orange County and Juan J. Roman, approval and execution of County Deed from Orange County to Juan J. Roman and Xiomara S. Martinez Rios and authorization to perform all actions necessary and incidental to closing for NSP Resale - 2723 River Ridge Drive, Orlando, FL 32825. District 3. (Real Estate Management Division)
Community, Environmental and Development Services Department 1.
Approval of Orange County, Florida, Resolutions Establishing Special Assessment Liens for Lot Cleaning Services and approval to record Special Assessment Liens on property cleaned by Orange County, pursuant to Orange County Code, Chapter 28, Nuisances, Article II, Lot Cleaning. All Districts. (Code Enforcement Division) LC LC LC LC LC LC LC LC
12-0824 12-1191 12-1074 12-1632 12-1114 12-1081 12-0692 12-0964
LC LC LC LC LC LC LC LC
12-0830 12-0861 12-1104 13-0045 12-1419 12-1464 12-0726 12-0966
LC LC LC LC LC LC LC LC
12-0837 12-0862 13-0554 13-0256 12-1526 12-1571 12-0768 12-1001
LC LC LC LC LC LC LC LC
12-0934 12-0970 12-0888 13-0358 13-0012 12-1622 12-0826 12-1011
LC LC LC LC LC LC LC LC
12-1041 12-0971 12-1015 12-0975 13-0058 12-0656 12-0883 12-1071
2.
Approval of Resolution of the Orange County Board of County Commissioners regarding Claim of Special Assessment Lien Pursuant to Section 9-278 of the Orange County Code Residential Property Maintenance Code. Districts 3, 5 and 6. (Code Enforcement Division)
3.
Approval of the recommendation of the Environmental Protection Commission to approve the request for variance to Orange County Code, Chapter 15, Article IX, Section 15-342(h) for Dock Construction Permit BD-12-02-007; Michael Wishinsky and Howard Dorough. District 1. (Environmental Protection Division)
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4.
Approval of the recommendation of the Environmental Protection Commission to approve the request for waiver to Orange County Code, Chapter 15, Article IX, Section 15-342(b) for Dock Construction Permit BD-12-05-034; Mick Floyd. District 1. (Environmental Protection Division)
5.
Approval of Waterleigh PO Adequate Public Facilities and Impact Fee Credit Agreement (Village H) by and between Orange County and D. R. Horton, Inc. District 1. (Planning Division) (This item was deferred.)
6.
Approval of Springhill PO Adequate Public Facilities and Impact Fee Credit Agreement (Village H) by and between Orange County, Avalon Properties, LTD., Horizon West Properties, and HAP, Inc. District 1. (Planning Division) (This item was deferred.)
7.
Approval of Road Impact Fee Agreement Pavilion at Sand Lake Mandarin Drive Extension by and among IA Orlando Sand, L.L.C., Fourth Quarter Properties 129, LLC, and Universal City Property Management III LLC and Orange County for the dedication of right-of-way and design at no cost to the County with construction of Mandarin Drive Extension from Sand Lake Road to Universal Boulevard by Owners for 100% road impact fee credits. District 6. (Roadway Agreement Committee) (This item was deferred.)
Family Services Department 1.
Approval of The IMPACT Outreach Ministry of Central Florida, Inc. for April 2013 Neighborhood Pride Nonprofit Housing Repair Grant as recommended by the Neighborhood Grants Advisory Board in an amount not to exceed the budgeted amount of $1,000. District 6. (Neighborhood Preservation and Revitalization Division)
2.
Approval of Specialized Treatment, Education and Prevention Services, Inc. Non Profit Safety Grant as recommended by the Neighborhood Grants Advisory Board in an amount not to exceed the budgeted amount of $10,000. District 6. (Neighborhood Preservation and Revitalization Division)
3.
Approval of the April 2013 Neighborhood Pride Wall Repair Grants as recommended by the Neighborhood Grants Advisory Board for: Mystic at Mariners Village ($20,000); Park Manor ($19,250); and Greentree ($19,750). Districts 3 and 4. (Neighborhood Preservation and Revitalization Division)
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Fire Rescue Department 1.
Approval of Interlocal Agreement between Orange County, Florida, Seminole County, Florida and the City of Orlando, Florida regarding Central Florida Urban Search and Rescue Team Consortium. (Operations Division)
Public Works Department 1.
Approval to replace existing "Yield" signs with "Stop" signs in Taft Subdivision. District 4. (Traffic Engineering Division)
2.
Approval of "Stop" sign installations in the Lake Reams Phase 3 Subdivision (aka Lakes of Windermere Lake Reams Townhomes Phase 3). District 1. (Traffic Engineering Division)
3.
Approval of the installation of a traffic signal at Narcoossee Road and Kirby Smith Road. District 4. (Traffic Engineering Division)
4.
Approval to install a "No Parking" zone on the south side of Huckleberry Finn Drive from Alafaya Trail to Becky Thatcher Court. District 4. (Traffic Engineering Division)
5.
Approval of Road Impact Fee Agreement regarding an Alternative Traffic Impact Fee Calculation for Sago Cay Apartments Phase One by and between Timberlock Partners, LP and Orange County, Florida. District 1. (Traffic Engineering Division) (This item was deferred.)
6.
Approval of "Stop" sign installations in Waterford Trails Phase 38. District 4. (Traffic Engineering Division)
7.
Approval of Change Order No.7 to Contract No. Y12-714-J2/C12714, Lake Legrange Drainwell Replacement (DW-110), to Conpilog International Company in the amount of $12,285.90. The revised contract amount will be $267,342.30 District 3. (Roads and Drainage Division)
Utilities Department 1. Approval of commercial refuse license for Garbage Girls Roll-Off Company to provide solid waste hauling services to commercial generators in Orange County. All Districts. (Solid Waste Division) • INFORMATIONAL ITEMS FILED FOR THE RECORD IN THE ORANGE COUNTY COMPTROLLER CLERK'S OFFICE*
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County Comptroller 1.
Receipt of the following items to file for the record: (Clerk's Office) a. Minutes of the February 1 g, 2013, meeting in the sunshine with County Mayor Teresa Jacobs and Commissioners Pete Clarke, Jennifer Thompson and Ted Edwards attending a seminar and workshop pertaining to sustainability. b. City of Winter Garden Notice of Annexation Ordinances and Legal Descriptions with Maps as follows: Ordinance 13-07, An Ordinance of the City of Winter Garden, Florida providing for the annexation of certain additional lands generally described as approximately 4.82 ± acres located at 1751 Williams Road at the northeast corner of Williams Road and Amber Sweet Lane into the City of Winter Garden Florida; redefining the city boundaries to give the city jurisdiction over said property; providing for severability; providing for an effective date. Ordinance 13-09, An Ordinance of the City of Winter Garden, Florida providing for the annexation of certain additional lands generally described as apprOXimately 4.6 ± acres located at 17416 Amber Sweet Lane on the south side of Amber Sweet Lane, east of Williams Road into the City of Winter Garden Florida; redefining the city boundaries to give the city jurisdiction over said property; providing for severability; providing for an effective date, c, City Council of the City of Orlando, An Ordinance of the City of Orlando, Florida, annexing ±1.08 acres generally located north of SR 528, south of Leevista Blvd and west of Narcoossee Road; addressed as 7252 Narcoossee Rd; amending the City's adopted Growth Management Plan to designate the property as industrial on the City's Official Future Land Use Map; and designating the property as Industrial-Commercial District with the Aircraft Noise Overlay District on the City's official Zoning Maps; providing for severability, correction of scrivener's errors and an effective date, d. City of Orlando Ordinance 2013-5, An Ordinance of the City of Orlando, Florida, relating to a street name change; renaming "Touchstone Drive," generally located between Grand National Drive and International Drive, to "Fun Spot Way," directing amendments to the official Maps of the City of Orlando, Florida; providing for severability, correction of scrivener's errors, and an effective date. e. Audit Report No. 428 - Audit of the Air Pollution Control Trust Fund Fiscal Year 2011-2012.
*With respect to informational items, Board action is neither required nor necessary, and Board approval (or disapproval) is not to be implied.
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NOTE: THE FOLLOWING ITEMS WERE CONSIDERED TOGETHER. • COUNTY COMPTROLLER CONSENT AGENDA ITEM 3 DEFERRED Approval to negotiate, with execution by the Mayor, a tri-party contract between Wells Fargo, the Orange County Board of County Commissioners and the Orange County Comptroller for comprehensive banking and treasury management services, RFP #Y13 191. (Finance Accounting) Commissioner Edwards announced a conflict of interest for the following reason, as stated in a Memorandum of Voting Conflict filed in the Clerk's Office: "A measure came or will come before my agency which inured to the special gain or loss of Wells Fargo, client of Foley & Lardner, my employer,by whom I am retained. The measure before my agency and the nature of my conflicting interest in the measure is as follows:
I. CONSENT AGENDA A. COUNTY COMPTROLLER 3. Approval to negotiate with execution by the Mayor, a tri-party contract between Wells Fargo, the Orange County Board of County Commissioners and the Orange County Comptroller for comprehensive banking and treasury management services. (Finance Accounting) Page 17, 50-51 This is a client of Foley & Lardner, my employer." and • ADMINISTRATIVE SERVICES DEFERRED
DEPARTMENT
CONSENT
AGENDA
ITEM
8
Approval and execution of Corrective Distribution Easement between Orange County and Progress Energy Florida, Inc. and authorization to record instrument for Kelly Park (Campground electrical easement). District 2. (Real Estate Management Division) Commissioner Edwards announced a conflict of interest for the following reason, as stated in a Memorandum of Voting Conflict filed in the Clerk's Office: "A measure came or will come before my agency which inured to the special gain or loss of Progress Energy Florida, Inc.; client of Foley & Lardner, my employer, by whom I am retained. The measure before my agency and the nature of my conflicting interest in the measure is as follows:
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I. CONSENT AGENDA C. ADMINISTRATIVE SERVICES DEPARTMENT 8. Approval and execution of Corrective Distribution Easement between Orange County and Progress Energy Florida, Inc. and authorization to record instrument for Kelly Park (Campground electrical easement). District 2. (Real Estate Management Division) Page 144-145 This is a client of Foley & Lardner, my employer." and • PUBLIC WORKS DEPARTMENT CONSENT AGENDA ITEM 5 DEFERRED Approval of Road Impact Fee Agreement regarding an Alternative Traffic Impact Fee Calculation for Sago Cay Apartments Phase One by and between Timberlock Partners, LP and Orange County, Florida. District 1. (Traffic Engineering Division) Commissioner Edwards announced a conflict of interest for the following reason, as stated in a Memorandum of Voting Conflict filed in the Clerk's Office: "A measure came or will come before my agency which inured to the special gain or loss of Sago Cay, client of Foley & Lardner, my employer, by whom I am retained. The measure before my agency and the nature of my conflicting interest in the measure is as follows: !. CONSENT AGENDA
G. PUBLIC WORKS DEPARTMENT 5. Approval of Road Impact Fee Agreement regarding an Alternative Traffic Impact Fee Calculation for Sago Cay Apartments Phase One by and between Timberlock Partners, LP and Orange County, Florida. District 1. (Traffic Engineering Division) Page 369-381 This is a client of Foley & Lardner, my employer." Motion/Second: Commissioners Clarke/Boyd Abstain: Commissioner Edwards AYE (voice vote): County Mayor Jacobs; Commissioners Boyd, Brummer, Clarke, Thompson, Russell Action: The Board approved to negotiate, with execution by the Mayor, a tri-party contract between Wells Fargo, the Orange County Board of County Commissioners and the Orange County Comptroller for comprehensive banking and treasury management services, RFP #Y13-191; further, approved the Corrective Distribution Easement
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between Orange County and Progress Energy Florida, Inc. and authorized to record instrument for Kelly Park (Campground electrical easement); and further, approved the Road Impact Fee Agreement regarding an Alternative Traffic Impact Fee Calculation for Sago Cay Apartments Phase One by and between Timberlock Partners, LP and Orange County, Florida. • COUNTY ADMINISTRATOR DISCUSSION AGENDA ITEM 1 Board Consideration of the Third Amendment to Orlando/Orange County Interlocal Agreement - Interstate 4/Republic Drive Interchange including the Amended Redevelopment Plan. (Fiscal and Business Services Division) The following persons addressed the Board: - John McReynolds - Dante Gabriel Motion/Second: Commissioners Boyd/Brummer AYE (voice vote): Commissioners Boyd, Brummer, Thompson, Russell NO (voice vote): County Mayor Jacobs; Commissioners Clarke, Edwards Action: The Board approved the Third Amendment to Orlando/Orange County Interlocal Agreement - Interstate 4/Republic Drive Interchange including the Amended Redevelopment Plan . • COUNTY ADMINISTRATOR DISCUSSION AGENDA ITEM 2 Approval of funding in the total amount of $75,000 to the Metro Orlando Defense Task Force to be paid out over a 3-year period in $25,000 increments, annually and authorization for the Mayor to execute an agreement with the Metro Orlando Defense Task Force on behalf of the Board of County Commissioners. (Office of Economic, Trade and Tourism Development) The following person addressed the Board: Tom Baptiste. Motion/Second: County Mayor Jacobs/Commissioner Thompson AYE (voice vote): All members Action: The Board approved funding in the total amount of $75,000 to the Metro Orlando Defense Task Force to be paid out over a 3-year period in $25,000 increments, annually; and further, authorized for the Mayor to execute an agreement with the Metro Orlando Defense Task Force on behalf of the Board of County Commissioners . • ADMINISTRATIVE SERVICES DEPARTMENT DISCUSSION AGENDA ITEM 1 Selection of one firm and two ranked alternates to provide Cost Estimating/Scheduling/Project Management Services, Request for Proposals Y13-188-SB, from the following firms, listed alphabetically:
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~ Atkins North America, Inc. - Cost Management Inc. dba CMI - Global Intergy Corporation - Hill International, Inc. ~ PMA Consultants - URS Corporation Southern ~ Willis Construction Consulting, Inc.
Further request Board authorizes negotiation and award of a contract within a budget amount of $2,626,500. The contract will be for 3-years with two i-year renewals. ([Convention Center Capital Planning Division] Purchasing and Contracts Division) Motion/Second: Commissioners Brummer/Boyd AYE (voice vote): All members Action: The Board selected one firm, Cost Management Inc. dba CMI, and two ranked alternates, #1 Atkins North America, Inc., and #2 PMA Consultants, to provide Cost Estimating/Scheduling/Project Management Services; and further, authorized negotiation and award of a contract within a budget amount of $2,626,500 for 3-years with two i-year renewals, Request for Proposals Y13-188-SB . • ADMINISTRATIVE SERVICES DEPARTMENT DISCUSSION AGENDA ITEM 2 Selection of one firm and two ranked alternates to provide a Red Light Enforcement
System, Request for Proposals Y12~1099-DG, from the following firms listed alphabetically
for a four year contract:
-
American Traffic Solutions, Inc.
Gatso USA, Inc.
Redflex Traffic Systems, Inc.
Sensys America, Inc.
Further request the Board authorize the Purchasing and Contracts Division to negotiate
and award the contract within a budget of $15,784,320. Also, request authorization for the
Purchasing and Contracts Division to renew the contract for three additional two year
terms.
([Public Works Department Traffic Engineering Division] Purchasing and Contracts
Division)
Motion/Second: Commissioners Edwards/Russell
AYE (voice vote): Commissioners Boyd, Edwards, Russell
NO (voice vote): County Mayor Jacobs; Commissioners Brummer, Clarke, Thompson
Action: The Board denied selection of both American Traffic Solutions, Inc., 409 points
and Redflex Systems, Inc., 420 points with each company to install one half of the
cameras, and Gatso USA, Inc., 357 points as alternate number one provided that staff
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shall negotiate the final contract for eighty additional traffic control cameras within a budget of $15,784,320; and further, denied the contract for services shall include in the termination clause a provision that any evidence of material improper influence or payments by a vendor to Orange County officials or any other employees or public officials in securing a contract will be a basis for terminating that vendor. Motion/Second: Commissioners Edwards/Clarke AYE (voice vote): All members Action: The Board selected one firm, American Traffic Solutions, Inc., and two ranked alternates, #1 Redflex Traffic Systems, Inc., and #2 Gatso USA, Inc., provided that staff shall negotiate the final contract within a budget of $15,784,320, Request for Proposals Y12-1099-DG . • FAMILY SERVICES DEPARTMENT DISCUSSION AGENDA ITEM 1 Youth Mental Health Program Presentation -andApproval to apply $963,091 from the Health Services budget as local match for year 4 of the Wrap-Around Orange grant. (Mental Health and Homeless Issues Division) Motion/Second: Commissioners Brummer/Russell AYE (voice vote): All members Action: The Board approved to apply $963,091 from the Health Services budget as local match for year 4 of the Wrap-Around Orange grant. o
OFFICE OF REGIONAL MOBILITY DISCUSSION AGENDA ITEM 1
MetroPlan Orlando Board Meeting Briefing. Action: None • MEETING RECESSED, 12:21 p.m. • MEETING RECONVENED, 1:42 p.m. Members Present: County Mayor Teresa Jacobs; Commissioners S. Scott Boyd, Fred Brummer, Pete Clarke, Jennifer Thompson; Commissioners Ted Edwards and Tiffany Russell joined the meeting where indicated. Others Present: County Administrator Ajit Lalchandani, County Attorney Jeffrey J. Newton, Assistant County Attorney Vivien Monaco, Documents Coordinator Jessica Moore
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• PRESENTATION Employee Service Awards to: Wesley Underwood (20), Luis F. Torres (25), Information Systems and Services, Office of Accountability, Juan Martinez (20), Fleet Management, John A. Polidoro (25), Facilities Management, Administrative Service; Stephen L. Pieper (25), Community Corrections, Corrections; Yolanda Suzette Brown (20), Fiscal and Operational Support, Family Services; Bessie L. Hudson (20), Juan M. Atan (20), Lauraleigh Andrea Avery (20), Operations, Fire Rescue; Charles Figueroa (25), Roads and Drainage, Miguel J. Tamayo (20), Development Engineering, Public Works; Donald K. Peck (20), Engineering, Dennis Ray Daughtry (25), Water Reclamation, Gary Whittenburg (20), Field Services, Carol Grace Barrett (35), Water, Utilities. • MEMBER JOINED: Commissioner Edwards • PLANNING AND ZONING COMMISSION RECOMMENDATIONS, MARCH 21,2013 Motion/Second: Commissioners Thompson/Clarke Absent: Commissioner Russell AYE (voice vote): All present members Action: The Board accepted the recommendations of the Orange County Planning and Zoning Commission under the date of March 21, 2013, with the exception of and authorizing public hearings be scheduled for those listed below; subject to the usual right of appeal by any aggrieved party: - Case LUP-13-01-002, Guy Parola, Causseaux, Hewett & Walpole, Inc. - Case LUP-11-06-136, R. Duke Woodson, Foley & Lardner, LLP. • MUNICIPAL SERVICE BENEFIT UNIT PUBLIC HEARING Applicant: Consideration:
Location:
James Bagley, Managing Partner, Encore Monk Investments, LLC, Developer Establish by resolution a Municipal Service Benefit Unit for streetlighting and retention pond(s) maintenance at Windermere Terrace District 1; Parcel ID (multiple parcels); Sections 23 and 26, Township 23, Range 27; Orange County, Florida (legal property description on file)
Motion/Second: Commissioners Boyd/Thompson Absent: Commissioner Russell AYE (voice vote): All present members Action: The Board adopted a resolution establishing a Municipal Service Benefit Unit for streetlighting and maintenance of retention pond(s) at Windermere Terrace, annual cost of $131.00 per lot for streetlighting and $72.40 per lot for maintenance of retention pond(s).
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• MUNICIPAL SERVICE BENEFIT UNIT PUBLIC HEARING Applicant: Consideration:
Location:
Jeremy Camp, KB Home Orlando LLC, Developer Amend by resolution an existing Municipal Service Benefit Unit for . streetlighting and retention pond(s) maintenance at Mabel Bridge Area to include Mabel Bridge Phase 3 - A Replat and Mabel Bridge Phase 4 - A Replat District 1; ParcellD (multiple parcels); Section 31, Township 23, Range 28; Section 06, Township 24, Range 28; Orange County, Florida (legal property description on file)
Motion/Second: Commissioners Boyd/Clarke Absent: Commissioner Russell AYE (voice vote): All present members Action: The Board adopted a resolution amending an existing Municipal Service Benefit Unit for streetlighting and maintenance of retention pond(s) at Mabel Bridge Area to include Mabel Bridge Phase 3 A Replat and Mabel Bridge Phase 4 - A Replat, annual cost of $155.00 per lot for streetlighting and $72.40 per lot for maintenance of retention pond(s). • MUNICIPAL SERVICE BENEFIT ur-,IIT PUBLIC HEARING Applicant: Mike Moser, SL V Sawgrass, LLC, Developer Consideration: Amend by resolution an existing Municipal Service Benefit Unit for retention pond(s) maintenance at Sawgrass Plantation Phase 1A and Phase 1B Areas to add Sawgrass Plantation Phase 1B Section 2, Sawgrass Plantation Phase 1B Section 3 and Sawgrass Plantation Phase 1B Section 4 subdivisions Location: District 4; ParcellD (multiple parcels); Section 19, Township 24, Range 30; Orange County, Florida (legal property description on file) Comptroller staff noted Sawgrass Plantation Phase 1B Section 4 should read as Sawgrass Plantation Phase 1B Section 5. Motion/Second: Commissioners Thompson/Boyd Absent: Commissioner Russell AYE (voice vote): All present members Action: The Board adopted a resolution amending an existing Municipal Service Benefit Unit for maintenance of retention pond(s) at Sawgrass Plantation Phase 1A and Phase 1B Areas to add Sawgrass Plantation Phase 1B Section 2, Sawgrass Plantation Phase 1B Section 3 and Sawgrass Plantation Phase 1B Section 5 subdivisions, annual cost of $72.40 per lot for maintenance of retention pond(s).
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• MUNICIPAL SERVICE BEI\IEFIT UNIT PUBLIC HEARING John Valantasis, Lennar Homes LLC, Developer Applicant: Consideration: Amend by resolution an existing Municipal Service Benefit Unit for streetlighting and retention pond( s) maintenance at Wyndham Lakes Estates Units 1 through 4 and Unit 6 to add Wyndham Lakes Estates Unit 6 subdivision Location: District 4; Parcel 10 (multiple parcels); Section 32, Township 24, Range 30; Orange County, Florida (legal property description on file) Motion/Second: Commissioners Thompson/Boyd Absent: Commissioner Russell AYE (voice vote): All present members Action: The Board adopted a resolution amending an existing Municipal Service Benefit Unit for streetlighting and maintenance of retention pond(s) at Wyndham Lakes Estates Units 1 through 4 and Unit 6 to add Wyndham Lakes Estates Unit 6 subdivision, annual cost of $89,00 per lot for streetlighting and $72.40 per lot for maintenance of retention pond(s), • MUNICIPAL SERVICE BENEFIT UNIT PUBLIC HEARING Applicant: John Valantasis, Lennar Homes LLC, Developer Consideration: Amend by resolution an existing MuniCipal Service Benefit Unit for streetlighting at Meadow Woods Planned Development and to include the lots and the streetlighting inventory for Wyndham Lakes Estates Unit 6 Location: District 4; Parcel 10 (multiple parcels); Section 32, Township 24, Range 30; Orange County, Florida (legal property description on file) Motion/Second: Commissioners Thompson/Clarke Absent: Commissioner Russell AYE (voice vote): All present members Action: The Board adopted a resolution amending an existing Municipal Service Benefit Unit for streetlighting at Meadow Woods Planned Development and to include the lots and the streetlighting inventory for Wyndham Lakes Estates Unit 6, annual cost of $13,75 per lot, per parcel, or per unit for streetlighting, • ORDINANCE PUBLIC HEARING Consideration: AN ORDINANCE IN ORANGE COUNTY, FLORIDA, PERTAINING TO WATER QUALITY CONTROL; REPEALING ORDINANCE NO. 84-18, AS AMENDED, REGARDING WATER QUALITY RULES; REPEALING SUBSECTION 37-147(3), ORANGE COUNTY CODE, REGARDING FACILITY USE PERty1ITS, REPEALING SECTION 15-39, ORANGE COUNTY CODE, REGARDING PROHIBITION AGAINST WATER , AND AIR POLLUTION AND PROVIDING A SAVINGS CLAUSE
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THEREFOR; ENACTING A NEW WATER QUALITY MANAGEMENT ORDINANCE; PROVIDING FOR INCLUSION INTO THE CODE; AND PROVIDING AN EFFECTIVE DATE. MEMBER JOINED: Commissioner Russell County staff noted the following change within the draft Ordinance: Page 1, Line 20, delete the word "hereby." Motion/Second: Commissioners Thompson/Clarke AYE (voice vote): All members Action: The Board adopted Ordinance 2013-09, finding that the proposed Water Quality Ordinance will not have substantial economic impact, amending Orange County Code, Article IV of Chapter 15, repealing Ordinance No. 84-18 as amended, regarding Water Quality Rules; repealing, Subsection 37-147(3) regarding facility use permits; repealing Subsection 15-39 regarding prohibition against water and air pollution and providing a savings clause therefor; enacting Orange County Code, Article IV of Chapter 15 pertaining to a new Water Quality Management Ordinance; providing for inclusion into the code, and providing an effective date; with the following change: Page 1, Line 20, delete the word "hereby." • SUBSTANTIAL CHANGE PUBLIC HEARING Applicant:
John Prowell, VHB MilierSellen, Stillwater Crossings & Center Bridge PD/Summerport Parcel CB 8 PSP - Case # CDR-12-07-127 Consideration: Substantial change request to the previously approved PSP to reflect updated site data (consistent with the amended PD/LUP) and to reconfigure existing commercial/office, residential and civic/tracts. PSP modifications include the relocation of designated commercial/office tracts to the intersection of Lake Smith Circle and Village Lakeview Avenue, and the relocation of residential tracts to the intersection of Village Lakeview Avenue and Bridgewater Crossings Boulevard. In addition, new Conditions of Approval have been established to reflect commitments made by the applicant during the PSP review process; 187.32 Acres; pursuant to Orange County Code, Article II, and Section 34-27. Location: District 1; property generally located West of Winter Garden - Vineland Road/North of Reams Road; Parcel IDs # 15-23-27-8444-00-003, 15 23-27 -8444-03-010, 15-23-27-8444-03-020, 15-23-27-8444-03-030, 15-23-27-8444-03-040, 15-23-27-8444-03-050, 15-23-27-8444-03-060, 15-23-27-8444-03-070, 15-23-27-8444-03-080, 15-23-27-8444-12-001, 15-23-27-8444-12-002, 15-23-27-8444-16-001, 15-23-27-8444-16-002, 15-23-27-8444-16-003, 15-23-27-8444-16-004, 15-23-27-8444-18-010, 15-23-27-8444-18-020, 15-23-27-8444-18-030, 15-23-27-8444-18-040, 15-23-27-8444-18-050, 15-23-27-8444-22-010, 15-23-27-8444-22-020, 15-23-27-8444-22-030, 15-23-27-8444-23-001, 15-23-27-8444-23-002,
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15-23-27-8444-23-003, 15-23-27-8444-32-085; (legal description on file in Development Engineering Division).
property
The following persons addressed the Board: - Dan O'Keefe - Awny Khashoggi - Greg Lee Motion/Second: Commissioners Boyd/Clarke AYE (voice vote): All members Action: The Board made a finding of consistency with the Comprehensive Plan; and further, approved the substantial change request by John Prowell, VHB MilierSellen, Stillwater Crossings & Center Bridge PD/Summerport Parcel CB - 8 PSP - Case # CDR-12-07 -127, to the previously approved PSP to reflect updated site data (consistent with the amended PD/LUP) and to reconfigure existing commercial/office, residential and civic/tracts. PSP modifications include the relocation of designated commercial/office tracts to the intersection of Lake Smith Circle and Village Lakeview Avenue, and the relocation of residential tracts to the intersection of Village Lakeview Avenue and Bridgewater Crossings Boulevard. In addition, new Conditions of Approval have been established to reflect commitments made by the applicant during the PSP review process; 187.32 Acres; which constitutes a substantial change to the development on the described property; subject to the following conditions: 1.
Development shall conform to the Stillwater Crossings & Center Bridge Planned Development; Orange County Board of County Commissioners (BCC) approvals; Summerport Parcel CB-8 Preliminary Subdivision Plan dated "Received February 14, 2013," and to the following conditions of approval. Development based upon this approval shall comply with all applicable federal, state and county laws, ordinances and regulations, which are incorporated herein by reference, except to the extent any applicable county laws, ordinances and regulations are expressly waived or modified by these conditions, or by action approved by the BCC, or by action of the BCC. In the event of a conflict or inconSistency between a condition of approval of this preliminary subdivision plan and the actual preliminary subdivision plan dated "Received February 14, 2013," the condition of approval shall control to the extent of such conflict or inconsistency.
2.
This project shall comply with, adhere to, and not deviate from or otherwise conflict with any verbal or written promise or representation made by the applicant (or authorized agent) to the Board of County Commissioners at the public hearing where this development was approved, where such promise or representation, whether oral or written, was relied upon by the Board in approving the development, could have reasonably been expected to have been relied upon by the Board in approving the development, or could have reasonably induced or otherwise influenced the Board to approve the development. For purposes of this condition, a "promise" or "representation" shall be deemed to have been made to
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the Board by the applicant (or authorized agent) if it was expressly made to the Board at a public hearing where the development was considered or approved. 3.
Commercial properties that drain to a County maintained pond shall join the MSBU established for that pond and shall pay commercial MSBU rates that will be established when the property is re-platted.
4.
A Municipal Service Benefit Unit (MSBU) shall be established for the standard operation and maintenance of street lighting inventory including leasing, fuel and energy costs for this project. Street lighting fixtures, poles, and luminaries used in this project shall be selected from the approved inventory list supplied by the Orange County Comptroller. Street lighting fixtures, poles, and luminaries used in this project shall be supplied and installed by the utility company that services the area of the project, as authorized by law or agreement, and thereafter maintains the street lighting inventory. The developer shall obtain approval of the street lighting fixtures, poles, and luminaries from the Orange County Comptroller Special Assessments Section via a "Letter of Commitment" prior to the installation of the street lighting fixtures, poles, and luminaries and prior to the plat being recorded by Orange County Comptroller Official Records Department. All installation costs and street lighting operational costs prior to the effective date of the MSBU approval by the Orange County Board of County Commissioners shall be the sole responsibility of the developer.
5.
The applicant must apply for and obtain a capacity encumbrance letter prior to construction plan submittal. Nothing in this condition and nothing in the decision to approve this development plan shall be construed as a guarantee that the applicant will be able to satisfy the requirements for obtaining a capacity encumbrance letter or a capacity reservation certificate.
6.
At the time of platting, documentation shall be provided from Orange County Public Schools that this project is in compliance with the Capacity Enhancement Agreement. Unless the property is vested and/or exempt, the applicant shall be subject to school concurrency and required to go through the review process prior to platting.
7.
Prior to earthwork or construction, the developer shall provide a copy of the completed National Pollutant Discharge Elimination System (NPDES) Notice of Intent (NOI) form for stormwater discharqe from construction activities to the Orange County Environmental Protection Division, NPDES Administrator. The original NOI form shall be sent to the Florida Department of Environmental Protection.
8.
Unless a Conservation Area Impact (CAl) permit is approved by Orange County consistent with Chapter 15 prior to Construction Plan approval, no conservation area or buffer encroachments shall be permitted.
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9.
The site shall be stabilized following grubbing, clearing, earth work or mass grading to establish a dense stand of grass, or shall incorporate other approved Best Management Practices, on all disturbed areas if development does not begin within 7 days. Final stabilization shall achieve a minimum of 70% coverage of the disturbed land area and shall include a maintenance program to ensure minimum coverage survival and overall site stabilization until site development. Prior to clearing or grubbing, approval of mass grading or constructions plans a letter of credit or cash escrow shall be submitted to the County to guarantee the required site stabilization and maintenance of all disturbed areas. The County Engineer shall establish the amount of the letter of credit.
10. Prior to, or concurrent with issuance of the building permit for the last multi-family building in Tracts R-2, R-3 or R-4 to be built within the PO, permits for the following improvements, to be owned and maintained by the Property Owners Association for this PSP, shall be obtained: (i) Construct a community park to include a children's play area, dog park, benches, exercise stations, and a performance platform on Civic Tract CV-1. (ii) Construct a multi-purpose field on a portion of the Park Tract P-1. (iii) Install a fountain in Lake Caruso, if possible, or in the pond within Stormwater Tract CB-SD. A Certificate of Completion for Civic Tract CV-1 Park Tract P-1 and fountain installation shall be obtained prior to issuance of a Certificate of Occupancy for the last multi-family buildings. 11. Developer shall provide pedestrian pathways to interconnect all property owned by developer. Pedestrian interconnection shall be completed concurrent with each phase of the improvements. 12. Prior to issuance of a building permit for Tract R-5, developer shall install a 20' landscape buffer along the common property boundary between Tract R-5 and the Eden Isle subdivision. 13. Tracts C-4 and C-5 shall revert to civic uses if a building permit for retail/restaurant uses has not been issued for either tract within five (5) years from PSP approval. 14. Prior to issuance of a Certificate of Occupancy for the commercial development on Tract C-1, developer shall install a 20' landscape buffer between the commercial tract and the adjacent townhome community. 15. The commercial buildings along Village Lakeview Avenue and Lake Smith Circle shall either be two story buildings or include front elevations which give the appearance of a two story building. 16. There shall be no access allowed between commercial Tract C-1 and parcel CB 24.
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17. Prior to construction plan approval, certification with supporting calculations shall be submitted which demonstrate that this project is consistent with the approved Master Utility Plan and Master Stormwater Plan for the PD. 18. Billboards and pole signs shall be prohibited. All other signage shall comply with the Village Center signage code Sec. 38-1389(c) (5). 19. All previous BCC conditions of approval dated August 2,2005 shall apply: a. Development shall conform to -tAe StillvJater Crossings/Center Bridge Neighborhood PO; Orange County Board of County Commissioners' (BCC) approvals;SummerportiParcel CB 8 Village Center PSP dated, "Received June 16, 2005"; and to the following conditions of appreval. Development based upon this approval shall comply with all applicable federal, state, and county la'Ns, ordinances, and regulations, which are incorporated herein by reference, except to the extent any applicable county laws, ordinances, and regulations are expressly ",'vaived or modified by these conditions, or by action approved by the BCC, or by action of the BCC. P..S P approval automatically 9*piros on August 2,2006, in accordance v\,'ith the Orange County Subdivision Regulations as amende4. REPLACED BY NEW CONDITION OF APPROVAL #1 b. Prior to construction plan approval, certification with supporting calculations shall be submitted which states that this development is consistent vvith the approved master stormwater management and utility plans for the PD. REPLACED BY NEW CONDITION OF APPROVAL #17 c. Prior to platting, an MSTU shall be established for recreational trail maintenance for trails which range in width from over 5 feet to less than 14 feet in width. d. Unless a Conservation Area Impact Permit is approved by the BCC prior to construction plan approval, no conservation area encroachments are permitted. REPLACED BY NEW CONDITION OF APPROVAL #8 e. Prior to earthwork or construction, the developer shall provide a copy of the ~eted Florida National Pollutant Dischargo Elimination System (NPDES) Notice of Intent (NOI) fGrm for stormv.'ater discharge from construction activities to the Orange County Environmental Protection Division, Attention: NPDES Administrator. The original NOI form shall be sent to the Florida Department of Environmental Protection. REPLACED BY NEW CONDITION OF APPROVAL#7
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f.
Outdoor storage and display shall be prohibited.
g.
Bi~lboards
and pole signs shall be prohibited.
REPLACED BY NEW CONDITION OF APPROVAL # 18 h. The applicant must apply for and obtain a capacity encumbrance letter prior to construction plan·SHbmiUal and must apply for and obtain- a oapacity reservation certificate pRBr-to platting. HO'll/ever, nothing in this oondition and nothing in the deoision to approve this PSP shall be construed to mean tJ:tat the applicant will be able to satisfy the requirements for obtaining a capacity encumbrance letter or a capacity reservation certificate. REPLACED BY NEW CONDITION OF APPROVAL # 5 NOTE: THE FOLLOWING ITEMS WERE CONSIDERED TOGETHER. • SUBSTANTIAL CHANGE PUBLIC HEARING Applicant: Consideration:
Location:
Kevin Walsh, VHB MilierSellen, Waterleigh Planned Development (PD) Land Use Plan (LUP) (Village H), (Case #CDR-13-01-014) Substantial change request to the previously approved Waterieigh PD to modify the proposed density and units within certain PD Parcels, consistent with that allowed by the Comprehensive Plan and Orange County Code; pursuant to Orange County Code, Chapter 30, and Section 38-1207. District 1; property generally located south of Old YMCA Road, west of S.R. 429 & Avalon Road, and east of the Orange I Lake County line; Parcel IDs # 31-23-27-0000-00-005; 05-24-27-0000-00-003; 07-24-27 0000-00-001; 07-24-27-0000-00-003; 08-24-27-0000-00-017 and 08 24-27-0000-00-021; Orange County, Florida (legal property description on file)
County staff noted the request was to modify the proposed density and units within PD Parcels 3, 4A, 4B, 5A, 5B, 6, 7, and 23; and further, noted the overall approved dwelling units and non-residential square feet within the PD are unchanged by this request County staff added the following condition: Waivers to any development standard of Chapter 38 of the Orange County Code may be granted by the Board of County Commissioners at a public hearing in conjunction with the approval of any PSP for a parcel(s) of land within the Waterleigh PD, except as may be provided to the contrary in Section 38-1207 regarding substantial changes to a PO Land Use Plan. A revised PD noting the requested waivers (applicable to the specific PSP) shall be submitted with the PSP application. Notification of waiver reguests prior to the public hearing shall be the same as that required for a substantial change to a PD Land Use Plan, e.g., including notice to owners of property within 300 feet of the perimeter of the PD.
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and • COMMUI\IITY, ENVIROI\IMENTAL AND DEVELOPMENT SERVICES DEPARTMENT CONSENT AGENDA ITEM 5 DEFERRED Approval of Waterleigh PD Adequate Public Facilities and Impact Fee Credit Agreement (Village H) by and between Orange County and D. R. Horton, Inc. District 1. (Planning Division) The following person addressed the Board: Kevin Walsh. Motion/Second: Commissioners BoydlThompson AYE (voice vote): All members Action: The Board made a finding of consistency with the Comprehensive Plan; further, approved the substantial change request by Kevin Walsh, VHB MilierSellen, Waterleigh Planned Development (PO) Land Use Plan (LUP) (Village H), (Case #COR-13-01-014), to the previously approved Waterleigh PD to modify the proposed density and units within certain PD Parcels, consistent with that allowed by the Comprehensive Plan and Orange County Code; which constitutes a substantial change to the development on the described property; subject to the following conditions: 1.
Development shall conform to the Waterleigh PD Land Use Plan dated "Received March 5, 2013," and shall comply with all applicable federal, state and county laws, ordinances and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. Accordingly, the PD may be developed in accordance with the uses, densities and intensities described in such Land Use Plan, subject to those uses, densities and intensities conforming with the restrictions and reguirements found in the conditions of approval and complying with all applicable federal, state and county laws, ordinance and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. If the development is unable to achieve or obtain desired uses, densities or intensities, the County is not under any obligation to grant any waivers or modifications to enable the developer to achieve or obtain those desired uses, densities or intensities. In the event of a conflict or inconsistency between a condition of approval of this zoning and the land use plan dated "Received March 5, 2013," the condition of approval shall control to the extent of such conflict or
2.
All previous applicable BCC Conditions of Approval from February 12, 2013 shall
ill2.P1:L a.
This project shall comply with, adhere to, and not deviate from or otherwise conflict with any verbal or written promise or representation made by the applicant (or authorized agent) to the Board of County Commissioners at the
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public hearing where this development was approved, where such promise or representation, whether oral or written, was relied upon by the Board in approving the development, could have reasonably been expected to have been relied upon by the Board in approving the development, or could have reasonably induced or otherwise influenced the Board to approve the development. For purposes of this condition, a "promise" or "representation" shall be deemed to have been made to the Board by the applicant (or authorized agent) if it was expressly made to the Board at a public hearing where the development was considered or approved. b.
Prior to construction plan approval, a phased master stormwater management plan including a drainage study to establish the 100-year flood elevation shall be submitted to the Development Engineering Division for review and approval.
c.
Concurrent with the approval of this PO, a Road Network Agreement shall be approved by the BCC.
d.
Prior to the approval of the first PSP or DP for this PO, a driveway access spacing plan, consistent with the preliminary study included as part of the Road Network Agreement, for CR 545, Old YMCA Road, and the internal loop road shall be submitted to and approved by the County Engineer.
e.
The APF Agreement shall be approved by BCC concurrent with the PO Land Use Plan.
f.
1)
Developer shall comply with all provisions of the Capacity Enh(~lncement Agreement entered into with the Orange County School Board as of 08 16-2006, and amended on 04-29-2008 and 06-24-2008.
2) Upon the County's receipt of written notice from Orange County Public Schools' that the developer is in default or breach of the Capacity Enhancement Agreement, the County shall immediately cease issuing building permits for any residential units in excess of the 199 residential units allowed under the zoning existing prior to the approval of the PO zoning. The County shall again begin issuing building permits upon Orange County Public Schools' written notice to the County that the developer is no longer in breach or default of the Capacity Enhancement Agreement. The developer and its successor{s) and/or assign(s) under the Capacity Enhancement Agreement, shall indemnify and hold the County harmless from any third party claims, suits, or actions arising as a result of the act of ceasing the County's issuance of residential building permits. 3) Developer, or its successor(s) and/or assign(s) under the Capacity Enhancement Agreement, agrees that it shall not claim' in any future
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litigation that the County's enforcement of any of these conditions are illegal, improper, unconstitutional, or a violation of developer's rights. 4) Orange County shall be held harmless by the developer and its successor(s) and/or assign(s) under the Capacity Enhancement Agreement, in any dispute between the developer and Orange County Public Schools over any interpretation or provision of the Capacity Enhancement Agreement. At the time of platting, documentation shall be provided from Orange County Public Schools that this project is in compliance with the Capacity Enhancement Agreement. g.
All acreages regarding conservation areas and wetland buffers are considered approximate until finalized by a Conservatron Area Determination (CAD) and a Conservation Area Impact (CAl) Permit Approval of this plan does not authorize any direct or indirect conservation area impacts.
h.
The covenants, conditions, and restrictions (CC&Rs) shall contain notification of the solid waste management facilities located within one-mile of development activity within this project area.
i.
Compliance with Concurrency is required prior to obtaining a building permit.
J.
A five acre APF for a water facility and a one acre APF for wastewater facility within Village H shall be identified prior to the approval of the first PSP within Village H and the 5 acre APF Parcel dedicated to the County prior to approval of the first construction plan set within Village H.
k.
The developer shall be responsible for building master utilities transmission and collection infrastructure adequate to serve the PO and to accommodate the ultimate flows for the entire Village. Utilities infrastructure shall be built connecting to the build-out points of connection approved in the Village H MU
I.
Payment of 500 ERUs (wastewater) and 500 ERCs (water) are due prior to construction plan approval for the first construction plan set within Village H unless previously satisfied by another Village H parcel. Alternatively, property owners may elect to enter into an agreement with Orange County to construct, with the first set of construction plans, the utility improvements beyond what is required by the Village H Master Utility Plan.
m. A Master Utility Plan (MUP) consistent with Village H MUP shall be submitted to Orange County Utilities prior to approval of the first PSPIDP. The MUP must be approved prior to Construction Plan approval. n.
The Developer shall obtain water, wastewater, and reclaimed water service from Orange County Utilities.
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o.
Prior to construction plan approval, all property owners within Village H, excluding public entities, shall be required to sign an agreement between the parties addressing their proportionate share of funds for the costs of the offsite and onsite master utilities sized to Village requirements. Property owners may elect to use alternate financing in lieu of the private proportionate cost share agreement provided master utilities sized for Village requirements are constructed.
p.
After the development review committee (DRC) has reviewed a development plan required design guidelines it shall be scheduled for a public hearing before the board of county commissioners.
q.
Billboards and pole signs shall be prohibited. Signage within the Neighborhood Commercial and Village Center shall comply with Section 38 1389(d)(5). All other signage shall comply with Section 31.5.
r.
Tree removal/Earthwork shall not occur unless and until construction plans for the first Preliminary Subdivision and/or Development Plan with a tree removal and mitigation plan have been approved by Orange County.
s.
Outdoor sales, storage, and display shall be prohibited within any district that allows commercial/office uses.
1.
The following waivers are from Orange County Code Section 38-1258 (Multi Family Development Compatibility): 1) A waiver is granted from Section 38-1258(a) to allow multi-family buildings located within twenty-five (25) feet of single-family zoned property to be developed at a maximum height of five (5) stories and sixty-five (65) feet, in lieu of single-story maximum within one-hundred (100) feet of single-family zoned property. 2) A waiver is granted from Section 38-1258(b) to allow multi-family buildings between twenty-five (25) feet to one-hundred and fifty (150) feet of single family zoned property to be developed at a maximum height of five (5) stories and sixty-five (65) feet in height for one-hundred (100) percent of the buildings, in lieu of multi-family buildings located between one hundred plus (100+) feet to one hundredand fifty (150) feet of single family zoned property varying in height with a maximum of fifty percent (50%) of the buildings being three (3) stories [not to exceed forty (40) feet] in height with the remaining buildings being one (1) story or two (2) stories in height. 3) A waiver is granted from Section 38-1258(e) to allow for ten (10) foot paving setbacks adjacent to single-family zoned property, in lieu of a twenty-five (25) foot minimum paving setback.
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u.
A waiver is granted from Orange County Code Section 38-1384(f)(I) [General Residential Development Standards] to allow each block face with more than five (5) lots with or without alleys to contain one (1) distinct lot size (excluding end units), in lieu of at least two (2) distinct lot sizes (excluding end units).
v.
The following waivers are from the development guidelines under Orange County Code Sections 38-1385.8 (Garden Home Mixed Use District) and 38 1386 (Village Home District): 1) A waiver is granted from Section 38-1385.8(b)(2) to decrease the minimum average lot size to three-thousand eight-hundred and forty (3,840) square feet for single-family lot sizes less than forty (40) feet in width [and comer lots less than fifty (50) feet in width], in lieu of six thousand (6,000) square feet. 2) A waiver is granted from Section 38-1385.8(b)(4) to allow for a minimum lot width of thirty-two (32) feet for single-family detached units, in lieu of forty (40) feet for single-family detached units. 3) A waiver is granted from Section 38-1385.8(b)(9)(a) to allow a seven (7) foot front porch setback for lots less than forty (40) feet in width {and comer lots less than fifty (50) feet in width], in lieu of a ten (10) foot front porch setback. 4) A waiver is granted from Section 38-1385.8(b)(9)(b) to allow a minimum side yard setback of four (4) feet for lots less than forty (40) feet in width [and comer lots less than fifty (50) feet in width], in lieu of a five (5) foot side yard setback. 5) A waiver is granted from Section 38-1386(b)(2) to decrease the minimum average lot size to three-thousand eight-hundred and forty (3,840) square feet for single-family lots sizes less than thirty-five (35) feet in width [and comer lots less than forty-five (45) feet in width], in lieu of four-thousand two-hundred (4,200) square feet. 6) A waiver is granted from Section 38-1386(b)(4) to allow for a minimum lot width of thirty-two (32) feet for single-family detached units, in lieu of thirty-five (35) feet for single-family detached units. 7) A waiver is granted from Section 38-1386(b)(10}(a) to allow a seven (7) foot front porch setback for lots less than forty (40) feet in width [and comer lots less than fifty (50) feet in width], in lieu of a ten (10) foot front porch setback. 8) A waiver is granted from Section 38-1386(b)(10)(b) to allow a minimum side yard setback of four (4) feet for lots less than thirty-five (35) feet in
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width [and comer lots less than forty-five (45) feet in width], in lieu of a five (5) foot side yard setback. w. A waiver is granted from Orange County Code Sections 38-1387.2(a)(8)(c) [Apartment District] and 38-1387.3(b)(3)(h)(3) [Condominium District] to correct the referenced code section to reflect "garage setbacks per section 38-1384(g)", in lieu of "garage setbacks per section 38-1384(i)". x.
A waiver is granted from Orange County Code Section 38-1388(e)(i) [Neighborhood Center District] to eliminate the maximum fifty (50) foot lot width.
y.
The Development Standards and Guidelines for this PD shall be consistent with Orange County Code Chapter 38 (New Village PD Code) unless expressly and explicitly waived by the Board of County Commissioners.
z.
Multi-use trails I bike paths shall be maintained by the HOA. Funding of this maintenance expense shall be the responsibility of the HOA unless the County approves a MSBU or other funding mechanism for this purpose.
aa. Prior to the first PSP/DP an agreement addressing development and maintenance of the APF Park land shall be entered into with the developer and the County. 3.
Waivers to any development standard of Chapter 38 of the Orange County Code may be granted by the Board of County Commissioners at a public hearing in conjunction with the approval of any PSP for a parcel(s) of land within the Waterleigh PO, except as may be provided to the contrary in Section 38-1207 regarding substantial changes to a PO Land Use Plan. A revised PO noting the requested waivers (applicable to the specific PSP) shall be submitted with the PSP application. Notification of waiver requests prior to the public hearing shall be the same as that required for a substantial change to a PO Land Use Plan, e.g., including notice to owners of property within 300 feet of the perimeter of the PD;
and further, approved the Waterleigh PO Adequate Public Facilities and Impact Fee Credit Agreement (Village H) by and between Orange County and D. R. Horton, Inc. • SUBSTANTIAL CHANGE PUBLIC HEARING Applicant:
Lance Bennett, Poulos & Bennett, LLC, Village F Master Planned Development (PO) Land Use Plan (LUP), (Case #COR-12-11-245) Consideration: Substantial change request to approve a substantial change to the PO to incorporate modified Land Use District configurations and development entitlements; and to grant the following six (6) waiver groupings applicable only to PO Parcels N-32, N-33, N-34, N-35, N-36,
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N-37, N-38, S-3, S-4, S-5, S-6, S-10, S-15, S-16, S-18, S-19 & 20 (as depicted on the PD/LUP): 1) Waivers from Section 31.5-67(b) and Section 31.5-73(c) to allow a ground sign with architectural features (such as an entry tower, corner turret, archway, etc.) at two (2) primary project entrances along Seidel Road with a maximum height of forty-two (42) feet, in lieu of a ground sign with architectural features a·t one (1) primary project entrance along Seidel Road with a maximum height of eight (8) feet. These features shall be exclusive of lightning protection and may include signage; however, the features shall be consistent with the locations shown on the master sign plan (PD/LUP) with no signage exceeding the allowable square footage for a primary entry sign. 2) Waivers from Section 31.5-67(b) and Section 31.5-73(c) to allow a ground sign with architectural features (such as an entry tower, corner turret, aichway, etc.) at two (2) secondary project entrances along Seidel Road with a maximum height of ten (10) feet, in lieu of a ground sign with architectural features at one (1) secondary project entrance along Seidel Road with a maximum height of eight (8) feet. These features shall be exclusive of lightning protection and may include signage; however, the features shall be consistent with the locations shown on the master sign plan (PD/LUP) with no signage exceeding the allowable square footage for a secondary entry sign. 3) A waiver from Section 38-1253( c) to allow for off-street parking for recreation areas, in lieu of on-site parking. 4) The following waivers from Orange County Code Section 38 1385.7 shall apply to a maximum of 50% of the units required in the combined and applicable Garden Home Single-Family District PO Parcels only: a) A waiver from Section 38-1385.7 (b)(2) to allow a minimum average lot size of 2,880 square feet, in lieu of a minimum average lot size of 6,000 square feet; b) A waiver from Section 38-1385.7(b)(4) to allow a minimum lot width of thirty-two (32) feet for single family detached lots, in lieu of a minimum lot width of forty (40) feet; c) A waiver from Section 38-1385.7(b)(5) to allow a minimum lot depth of ninety (90) feet for single family detached lots with alleys, in lieu of a minimum lot depth of one-hundred twenty (120) feet; d) A waiver from Section 38-1385.7(b)(9)(a) to allow a minimum front porch setback of seven (7) feet; in lieu of a minimum front po rch setback of ten (10) feet; and e) A waiver from Section 38-1385.7(b)(9)(b) to allow a minimum side building setback of four (4) feet, in lieu of a minimum side building setback of five (5) feet.
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Location:
5} The following waivers from Orange County Code Section 38-1386 shall apply to a maximum of 50% of the units required in the combined and applicable Village Home District PD Parcels only, and in any applicable Townhome Districts where single family detached lots are proposed: a) A waiver from Section 38-1386(b)(2) to allow a minimum average lot size of 2,880 square feet, in lieu of a minimum average lot size of 4,200 square feet; b) A waiver from Section 38-1386(b)(4) to allow a minimum lot width of thirty-two (32) feet for single family detached lots, in lieu of a minimum lot width of thirty-five (35) feet; c) A waiver from Section 38-1386(b)(6) to allow a minimum lot depth of ninety (90) feet for single family detached lots with alleys, in lieu of a minimum lot depth of one-hundred twenty (120) feet; d) A waiver from Section 38-1386(b)(10)(a) to allow a minimum front porch setback of seven (7) feet; in lieu of a minimum front porch setback of ten (10) feet; and e) A waiver from Section 38-1386(b)(10)(b) to allow a minimum side building setback of four (4) feet, in lieu of a minimum side building setback offive (5) feeL 6) Excluding the primary segments of a required six foot (6') high perimeter 1 roadway screen wall, waivers from Section 38-1408(b) and (f) and Section 34-209 to increase the wall height to fourteen (14) feet for architectural accents only (such as archways, pilasters, etc.), at not less than one-hundred (100) feet apart along the perimeter of parcels adjacent to APF roadways; pursuant to Orange County Code, Chapter 30, and Section 38-1207. District 1; property generally located West, east and north of Seidel
Road, east of Avalon Road; Parcel 10: Multiple Parcels; S/T/R: 33 &
34123/27 and 04, 05 & 08/24/27; Orange County, Florida (legal
property description on file)
County staff noted the overall approved dwelling units and non-residential square feet
within the PD are unchanged by this request.
County staff modified Condition 5(a) to read as follows: Prior to any PSP or DP approval
for PO Parcels N-23 through N-26, an agreement shall be executed to address required
right-of-way dedication for Phil Ritson Way if necessary as determined by the
. Development Review Committee (DRC). The following persons addressed the Board: - Lance Bennett
- RP. 1\I10hnacky
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Commissioner Edwards announced an appearance of a conflict of interest for the following reason, as stated in a Memorandum of Voting Conflict filed in the Clerk's Office: "A measure came or will come before my agency which inured to the special gain or loss of Ficquette family, client of Foley & Lardner, my employer, by whom I am retained. The measure before my agency and the nature of my conflicting interest in the measure is as follows: V. PUBLIC HEARINGS C. Substantial Change 9. Applicant: Lance Bennett, Village F Master Planned Development (PO) Land Use
Plan (LUP) Case #CDR12-11-245; amend plan; District 1
Page 14
This is a client of Foley & Lardner, my employer." Motion/Second: Commissioners Boyd/Clarke Abstain: Commissioner Edwards AYE (voice vote): County Mayor Jacobs; Commissioners Boyd, Brummer, Clarke, Thompson, Russell Action: The Board made a finding of consistency with the Comprehensive Plan; and further, approved the substantial change request by Lance Bennett, Poulos & Bennett, LLC, Village F Master Planned Development (PO) Land Use Plan (LUP), (Case #CDR 12-11-245), to approve a substantial change to the PO to incorporate modified Land Use District configurations and development entitlements; and to grant the following six (6) waiver groupings applicable only to PO Parcels N-32, N-33, N-34, N-35, N-36, N-37, N-38, S-3, S-4, S-5, S-6, S-7, S-10, S-15, S-16, S-18, S-19 & S-20 (as depicted on the PD/LUP): 1) Waivers from Section 31.5-67(b) and Section 31.5-73(c) to allow a ground sign with architectural features (such as an entry tower, corner turret, archway, etc.) at two (2) primary project entrances along Seidel Road with a maximum height of forty-two (42) feet, in lieu of a ground sign with architectural features at one (1) primary project entrance along Seidel Road with a maximum height of eight (8) feet. These features shall be exclusive of lightning protection and may include signage; however, the features shall be consistent with the locations shown on the master sign plan (PD/LUP) with no signage exceeding the allowable square footage for a primary entry sign. 2) Waivers from Section 31.5-67(b) and Section 31.5-73(c) to allow a ground sign with architectural features (such as an entry tower, corner turret, archway, etc.) at two (2) secondary project entrances along Seidel Road with a maximum height of ten (10) feet, in lieu of a ground sign with architectural features at one (1) secondary project entrance along Seidel Road with a maximum height of eight (8) feet. These features shall be exclusive of lightning protection and may include signage; however, the features shall be consistent with the locations shown on the
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master sign plan (PD/LUP) with no signage exceeding the allowable square footage for a secondary entry sign. 3) A waiver from Section 38-1253(c) to allow for off-street parking for recreation areas, in lieu of on-site parking. 4) The following waivers from Orange County Code Section 38-1385.7 shall apply to a maximum of 50% of the units required in the combined and applicable Garden Home Single-Family District PD Parcels only: a) A waiver from Section 38-1385.7 (b)(2) to allow a minimum average lot size of 2,880 square feet, in lieu of a minimum average lot size of 6,000 square feet; b) A waiver from Section 38-1385.7(b)(4) to allow a minimum lot width of thirty two (32) feet for Single family detached lots, in lieu of a minimum lot width of forty (40) feet; c) A waiver from Section 38-138S.7(b)(S) to allow a minimum lot depth of ninety (90) feet for single family detached lots with alleys, in lieu of a minimum lot depth of one-hundred twenty (120) feet; d) A waiver from Section 38-138S.7(b)(9)(a) to allow a minimum front porch setback of seven (7) feet; in lieu of a minimum front porch setback of ten (10) feet; and e) A waiver from Section 38-1385.7(b)(9)(b) to allow a minimum side building setback of four (4) feet, in lieu of a minimum side building setback of five (S) feet. 5) The following waivers from Orange County Code Section 38-1386 shall apply to a maximum of 50% of the units required in the combined and applicable Village Home District PD Parcels only, and in any applicable Townhome Districts where single family detached lots are proposed: a) A waiver from Section 38-1386(b )(2) to allow a minimum average lot size of 2,880 square feet, in lieu of a minimum average lot size of 4,200 square feet; b) A waiver from Section 38-1386(b)( 4) to allow a minimum lot width of thirty-two (32) feet for single family detached lots, in lieu of a minimum lot width of thirty five (35) feet; c) A waiver from Section 38-1386(b)(6) to allow a minimum lot depth of ninety (90) feet for single family detached lots with alleys, in lieu of a minimum lot depth of one-hundred twenty (120) feet; d) A waiver from Section 38-1386(b)(10)(a) to allow a minimum front porch setback of seven (7) feet; in lieu of a minimum front porch setback of ten (10) feet; and e) A waiver from Section 38-1386(b)(10)(b) to allow a minimum side building setback of four (4) feet, in lieu of a minimum side building setback of five (5) feet. 6) Excluding the primary segments of a required six foot (6') high perimeter / roadway screen wall, waivers from Section 38-1408(b) and (f) and Section 34-209 to increase the wall height to fourteen (14) feet for architectural accents only (such as archways, pilasters, etc.), at not less than one-hundred (100) feet apart along the perimeter of parcels adjacent to APF roadways; which constitutes a substantial change to the development on the described property;
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subject to the following conditions: 1.
Development shall conform to the Village F Master PO Land Use Plan dated "Received February 19, 2013,/1 and shall comply with all applicable federal, state and county laws, ordinances and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. Accordingly, the PO may be developed in accordance with the uses, densities and intensities described in such Land Use Plan, subject to those uses, densities and intensities conforming with the restrictions and requirements found in the conditions of approval and complying with all applicable federal, state and county laws, ordinance and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. If the development is unable to achieve or obtain desired uses, densities or intensities, the County is not under any obligation to grant any waivers or modifications to enable the developer to achieve or obtain those desired uses, densities or intensities. In the event of a conflict or inconsistency between a condition of approval of this zoning and the land use plan dated "Received February 19, 2013," the condition of approval shall control to the extent of such conflict or inconsistency.
2.
This project shall comply with, adhere to, and not deviate from or otherwise conflict with any verbal or written promise or representation made by the applicant (or authorized agent) to the Board of County Commissioners at the public hearing where this development was approved, where such promise or representation, whether oral or written, was relied upon by the Board in approving the development, could have reasonably been expected to have been relied upon by the Board in approving the development, or could have reasonably induced or otherwise influenced the Board to approve the development. For purposes of this condition, a "promise" or "representation" shall be deemed to have been made to the Board by the applicant (or authorized agent) if it was expressly made to the Board at a public hearing where the development was considered or approved.
3.
The following waivers from Orange County Code are applicable only to PO Parcels N-32, N-33, N-34, N-35, N-36, N-37, N-38, 8-3, 8-4, 8-5, 8-6, 8-7, 8-10,8-15,8 16, 8-18, 8-19 & 8-20; and are intended to provide alternative sign/architectural features and/or a greater mix of single-family detached residential lot types and larger front porches, while ensuring the desired balanced and blended residential development pattern required by the Village F Specific Area Plan (SAP) and Village Planned Development Code. a. Waivers from Section 31.5-67(b) and Section 31.5-73(c) are granted to allow a ground sign with architectural features (such as an entry tower, corner turret, archway, etc.) at two (2) primary project entrances along Seidel Road with a maximum height of forty-two (42) feet, in lieu of a ground sign with architectural features at one (1) primary project entrance along Seidel Road with a maximum height of eight (8) feet. These features shall be exclusive of
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lightning protection and may include signage; however, the features shall be consistent withJhe locations shown on the master sign plan (PD/LUP) with no signage exceeding the allowable square footage for a primary entry sign. b. Waivers from Section 31.5-67(b) and Section 31.5-73(c} are granted to allow a ground sign with architectural features (such as an entry tower, corner turret, archway, etc.) at two (2) secondary project entrances along Seidel Road with a maximum height of ten (10) feet, in lieu of a ground sign with architectural features at one (1) secondary project entrance along Seidel Road with a These features shall be exclusive of maximum height of eight (8) feet. lightning protection and may include signage; however, the features shall be consistent with the locations shown on the master sign plan (PD/LUP) with no signage exceeding the allowable square footage for a secondary entry Sign. c. A waiver from Section 38-1253(c) is granted to allow for on-street parking for recreation areas, in lieu of on-site parking. d. The following waivers are granted from Orange County Code Section 38 1385.7 and shall apply to a maximum of 50% of the units required in the combined and applicable Garden Home Single-Family District PO Parcels only: 1) A waiver from Section 38-1385.7 (b)(2) to allow a minimum average lot size of 2,880 square feet, in lieu of a minimum average lot size of 6,000 square feet; 2) A waiver from Section 38-1385.7(b)(4) to allow a minImum lot width of thirty-two (32) feet for single family detached lots, in lieu of a minimum lot width of forty (40) feet; 3) A waiver from Section 38-1385.7(b)(5) to allow a minimum lot depth of ninety (90) feet for single family detached lots with alleys, in lieu of a minimum lot depth of one-hundred twenty (120) feet; 4) A waiver from Section 38-1385.7(b)(9)(a) to allow a minimum front porch setback of seven (7) feet; in lieu of a minimum front porch setback of ten (10) feet; and 5) A waiver from Section 38-1385.7(b)(9)(b) to allow a minimum side building setback of four (4) feet, in lieu of a minimum side building setback of five
e. The following waivers are granted from Orange County Code Section 38-1386 and shall apply to a maximum of 50% of the units required in the combined and applicable Village Home District PO Parcels only. and in any applicable Townhome Districts where single family detached lots are proposed:
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1) A waiver from Section 38-1386(b )(2) to allow a minimum average lot size of 2,880 square feet, in lieu of a minimum average lot size of 4,200 square feet; 2) A waiver from Section 38-1386(b}(4) to allow a minimum lot width of thirty two (32) feet for single family detached lots, in lieu of a minimum lot width of thirty-five (35) feet; 3) A waiver from Section 38-1386(b)(6} to allow a minImum lot depth of ninety (90) feet for single family detached lots with alleys, in lieu of a minimum lot depth of one-hundred twenty (120) feet; 4) A waiver from Section 38-1386(b)(10)(a) to allow a minimum front porch setback of seven (7) feet; in lieu of a minimum front porch setback of ten (10) feet; and 5) A waiver from Section 38-1386(b)(10)(b) to allow a minimum side building setback of four (4) feet, in lieu of a minimum side building setback of five (5) feet. f.
4.
Excluding the primary segments of a required six foot (6') high perimeter/roadway screen wall, waivers from Section 38-1408(b) and (f) and Section 34-209 are granted to increase the wall height to fourteen (14) feet for architectural accents only (such as archways, pilasters, etc.), at not less than one-hundred (100) feet apart along the perimeter of parcels adjacent to APF roadways.
At the time of approval of a plat for a single-family residential unit project, the developer shall have prepared and submitted for review a document containing covenants, conditions and restrictions (CC&Rs) for the property being platted. The CC&Rs, which shall be recorded simultaneous with the recording of the play, shall include a provision incorporating, verbatim, the following requirements: a. The same front facade for single family residential units may not be repeated more than five (5) times within one (1) block length for both sides of any street, and shall be separated by at least two (2) units with different facades. b. House front facades shall be varied and articulated to provide visual interest to pedestrians along the street frontage. The front facade of the main body of the house shall not exceed (40) feet in length, except for wings or "L's", which are setback from the facade. In no case shall more than fifty (50) percent of the front facade of the house consist of an unobstructed block wall or garage door. c. At least fifty (50) percent of all single-family residential units shall have a front porch. A front porch shall be a minimum of seven (7) feet in depth and cover a
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minimum ten (10) feet in with or one third (1/3) of the front facade, whichever is greater. d. Flat roofs shall be prohibited.
5.
d.
Unless otherwise prohibited by the CC&Rs, fencing in the front yard shall be no higher than three (3) feet, six (6) inches and limited to decorative wrought iron or wood picket style.
e.
The provisions of the CC&R's incorporating the above referenced requirements shall not be amended, removed or superseded without the prior approval of the Board of County Commissioners, which approval may be withheld in the Board's sole discretion, and the CC&R's shall contain a statement to that effect. Furthermore, the CC&R's shall provide that the homeowner's association and any person owning the property in the development have the right to enforce these requirements in the event they are violated.
f.
Finally, the CC&Rs shall also state that Orange County shall have the right. but not the duty, to enforce these requirements in the same manner as it enforces other Orange County ordinances and regulations.
All previous applicable BCC Conditions of Approval, dated November 13, 2012 shall apply: a. Prior to any PSP or DP approval for PO Parcels N-23 through N-26, an agreement shall be executed to address required right-oF-way dedication for Phil Ritson Way if necessary as determined by the Development Review Committee (DRC). b. Prior to any PSP or DP approval, a road agreement shall be executed to address required right-of-way dedication for Seidel Road. c. Access locations and roads that impact wetlands and rare wetlands are only approximations and are not approved with this plan. The exact location will have to consider minimization and avoidance of wetland impact and rare habitat and will be determined during the Orange County conservation area determination and impact permit process.
6.
All previous applicable BCC Conditions of Approval, dated August 28, 2012 shall apply: a. All acreages regarding conservation areas ad wetland buffers are considered approximate until finalized by a Conservation Area Determination (CAD) and a Conservation Area Impact (CAl) Permit. Approval of this plan does not authorize any direct or indirect conservation area impacts.
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b. No activity will be permitted within the boundaries of the site that may disturb, influence or interfere with areas of soil or groundwater contamination, remediation activities, or within the hydrological zone of influence of the contaminated area, unless prior approval has been obtained through the Florida Department of Environmental Protection. Such approval may include, but is not limited to: an FDEP No Further Action letter, Site Rehabilitation Completion Order (SRCO), or documentation of specific permission from FDEP. Such documentation shall be provided to the Environmental Protection Division of Orange County. c. Neither potable wells nor irrigation using local groundwater will be allowed on sites where identified soil or groundwater contamination has been documented. d. On properties where contamination has been documented, the covenants, conditions, and restrictions (CC&Rs) and lease agreements shall include notification that the property has been identified with soil and groundwater contamination and shall state the status of the resulting remediation. e. The developer shall obtain water, wastewater, and reclaimed water service from Orange County Utilities. f.
A Master Utility Plan (MUP) for Village F PD shall be submitted to Orange County Utilities prior to the approval of the first Preliminary Subdivision Plan / Development Plan. The MUP must be approved prior construction plan approval.
g. The developer shall be responsible for building master utilities transmission and collection infrastructure adequate to serve the PD and to accommodate the ultimate flows for the entire Village (SAP). Utilities infrastructure shall be built connecting to the build-out points of connection approved in the Village F Master Utilities Plan (MUP). h. Prior to construction plan approval, all property owners within Village F, excluding public entities, shall be required to sign an agreement between the parties addressing their proportionate share of funds for the costs of the offsite and onsite master utilities sized to Village requirements. Property owners may elect to use alternate financing in lieu of the private proportionate cost share agreement provided master utilities size for Village requirements are constructed. i.
Tree removal/Earthwork shall not occur unless and until construction plans for the first Preliminary Subdivision and/or Development Plan with a tree removal and mitigation plan have been approved by Orange County.
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j.
7.
Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5 and Section 38-1389(d)(5).
All previous applicable BCC Conditions of Approval, dated September 15, 2009 shall apply: a. Final configuration of the Parcel N-17 Elementary School I Park site shall be approved by both the Orange County Parks and Recreation Division and Orange County Public Schools. b. There shall be a 20-foot fee simple access provided between the Parcels S-17 Park site and the Parcel S-25 Elementary School site. c. A waiver from Section 38-1386(a)(2) is granted to allow Parcel N-33 to have structures and uses to serve civic (excluding education / daycare / telecommunication towers & fields) and non-commercial recreational needs without having to obtain Special Exception Approval from the Board of Zoning Adjustment. d. The Garden home and Village Home Districts may contain a mix of single family detached and single-family attached residences (within the Village F Master PO). The exact configuration of this mix shall be determined at the time of Preliminary Subdivision Plan review. e. Unless the property is vested and/or exempt, the applicant shall be subject to school concurrency and required to go through the review process prior to platting. f.
A waiver from Section 38-1384(f)(1) is granted to allow each block face to contain one (1) distinct lot size in lieu of each block containing at least two (2) distinct lot sizes (excluding end units). This waiver shall apply only to block faces with five (5) or fewer lots.
g. The following Education Conditions of Approval shall apply: 1) The Developer shall comply with all provision of Capacity Enhancement Agreements (CEAs) numbered 06-011-01,06-011-02,06-011-03,06-011 05, 06-011-06-T2, 06-011-07, 06-011-08, 06-011-10, 06-011-12, 06-011 14,06-011-15, and 06-011-16 entered into with the Orange County School Board (and Orange County) in November 2006 and recorded in the official records of the Orange County Comptroller. 2) Upon the County's receipt of written notice from Orange County Public Schools that the developer is in default or breach of the Capacity Enhancement Agreement, the County shall immediately cease issuing building permits for any residential units in excess of the residential units allowed under the zoning existing prior to the approval of the PO zoning, April 9, 2013
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as indicated in each of the CEAs listed above. The County shall again begin issuing building permits upon Orange County Public Schools' written notice to the County that the developer is no longer in breach or default of the Capacity Enhancement Agreement. The developer and its successor(s) and/or assign(s) under the Capacity Enhancement Agreement, shall indemnify and hold the County harmless from any third party claims, suits, or actions arising as a result of the act of ceasing the County's issuance of residential building permits. 3) The Developer, or its successor(s) and/or assign(s) under the Capacity Enhancement Agreement, agrees that it shall not claim in any future litigation that the County's enforcement of any of these conditions are illegal, improper, unconstitutional, or a violation of the developer's rights. 4) Orange County shall be held harmless by the developer and its successor(s) and/or assign(s) under the Capacity Enhancement Agreement, in any dispute between the Developer and Orange County Public Schools over any interpretation or provision of the Capacity Enhancement Agreement. 5) At the time of platting, documentation shall be provided from Orange County Public Schools that this project is in compliance with the Capacity Enhancement Agreement. h. The cross-section for Seidel Road is not approved with this plan. The final cross-section shall be designed to be pedestrian-oriented, with a maximum speed limit of thirty (30) miles per hour. The final design speed shall be reviewed and approved by the County Engineer. • PRELIMINARY SUBDIVISION PLAN PUBLIC HEARING Consideration: Casabella Phase 2 Preliminary Subdivision Plan, Case # PSP-12-10 216, submitted in accordance with Article II, Section 34-27; This request is proposing to construct 40 single-family residential dwelling units on 38.86 acres. Location: District 1; property generally located South of Lake Butler Boulevard I East side of McKinnon Road; Parcel 10 #'s 12-23-27-0000-00-040, 12 23-27 -0000-00-025, 12-23-27-0000-00-035, 12-23-27-0000-00-007; Orange County, Florida (legal property description on file in Development Engineering Division) The following persons addressed the Board: - Chris Roper - Christopher Dolney - Samuel Anderson
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Motion/Second: Commissioners Boyd/Clarke AYE (voice vote): All members Action: The Board made a finding of consistency with the Comprehensive Plan; and further, approved Casabella Phase 2 Preliminary Subdivision Plan (PSP) on the described property, subject to the following conditions: 1.
Development shall conform to the Casabella Phase 2 Preliminary Subdivision Plan dated "February 4, 2013," and to the following conditions of approval. Development based upon this approval shall comply with all applicable federal, state and county laws, ordinances and regulations, which are incorporated herein by reference, except to the extent any applicable county laws, ordinances and regulations are expressly waived or modified by these conditions, or by action approved by the BCC, or by action of the BCC. In the event of a conflict or inconsistency between a condition of approval of this preliminary subdivision plan and the actual preliminary subdivision plan dated "Received February 4,2013," the condition of approval shall control to the extent of such conflict or inconsistency.
2.
This project shall comply with, adhere to, and not deviate from or otherwise conflict with any verbal or written promise or representation made by the applicant (or authorized agent) to the Board of County Commissioners at the public hearing where this development was approved, where such promise or representation, whether oral or written, was relied upon by the Board in approving the development, could have reasonably been expected to have been relied upon by the Board in approving the development, or could have reasonably induced or otherwise influenced the Board to approve the development. For purposes of this condition, a "promise" or "representation" shall be deemed to have been made to the Board by the applicant (or authorized agent) if it was expressly made to the Board at a public hearing where the development was considered or approved.
3.
The stormwater management system shall be designed to retain the 100-year/24 hour storm event onsite, unless documentation with supporting calculations is submitted, which demonstrates that a positive outfall is available. If the applicant can show the existence of a positive outfall for the subject basin, then the developer shall comply with all applicable state and lobal stormwater requirements and regulations. An emergency high water relief outfall shall be provided to assure overflow does not cause flooding of surrounding areas.
4.
This development is proposed to have private streets and ponds, and is a continuation of an existing gated community previously approved by the BCC.
5.
Prior to construction plan approval, certification with supporting calculations shall be submitted, which states that this project is consistent with the approved (and updated) Master Utility Plan for Phases 1 & 2.
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6.
The covenants, conditions, and restrictions (CCR's) shall include notification to the homebuyers that neither potable wells nor irrigation using local groundwater will be allowed on site since this is the location of a former citrus grove.
7.
Prior to earthwork or construction, the developer shall provide a copy of the completed National Pollutant Discharge Elimination System (NPDES) Notice of Intent (NOI) form for stormwater discharge from construction activities to the Orange County Environmental Protection Division, NPDES Administrator. The original NOI form shall be sent to the Florida Department of Environmental Protection.
8.
Unless a Conservation Area Impact (CAl) permit is approved by Orange County consistent with Chapter 15 prior to Construction Plan approval, no conservation area or buffer encroachments shall be permitted.
9.
The site shall be stabilized following grubbing, clearing, earth work or mass grading to establish a dense stand of grass, or shall incorporate other approved Best Management Practices, on all disturbed areas if development does not begin within 7 days. Final stabilization shall achieve a minimum of 70% coverage of the disturbed land area and shall include a maintenance program to ensure minimum coverage survival and overall site stabilization until site development. Prior to clearing or grubbing, approval of mass grading or construction plans, a letter of credit or cash escrow shall be submitted to the County to guarantee the required site stabilization and maintenance of all disturbed areas. The County Engineer shall establish the amount of the letter of credit.
10. Prior to construction plan approval for Phase 2 the PSP for Phase 1 and the construction plan shall be modified consistent with Phase 2 PSP dated received February 4, 2013.. 11. The applicant must apply for and obtain a capacity encumbrance letter prior to construction plan submittal and must apply for and obtain a capacity reservation certificate prior to platting. 12. This project shall be a gated community and shall comply with the minimum requirements of the Gated Community Ordinance, Orange County Code Sections 34-280, 34-290, and 34-291, as they may be amended from time to time.
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• PLANNING AND ZONING COMMISSION APPEAL Appellant: Applicant: Case: Consideration:
Donna Rorstrom Robert Carrigan, Jr., Circle C Ranch Planning and Zoning Commission Case #RZ-13-02-006; February 21, 2013 Appeal of the recommendation of the Planning & Zoning Commission on a request by applicant to rezone -76.8 acres from R-CE (Country Estate District) to R-CE-C (Country Estate District - Cluster), with the following restrictions: Development shall comply with the submitted cluster land use plan dated "Received January 3,2013"; The minimum lot size shall be 21,780 square feet (1/2 acre); Residential development shall be limited to 49 single family lots; and
Location:
Prior to Preliminary Subdivision Plan (PSP) approval, development will be subject to School Concurrency and Capacity Enhancement review, and the applicant or any subsequent property owner will be required to apply for a Capacity Enhancement Agreement and/or a School Concurrency Mitigation Agreement with the School Board of Orange County, Florida. District 5; property located at 4918 and 4950 N. Fort Christmas Road; generally described as the east and west side of N. Fort Christmas Road, immediately south of the Orange / Seminole County Line; Parcel IDs 03-22-32-0000-00-007; 03-22-32-0000-00-001 and 03-22-32-0000 00-005; SITIR: 03-22-32; Orange County, Florida (legal property description on file-see map on reverse side)
County staff noted a correction to the staff report: The zoning to the east is A-2 and not A-1. The following person addressed the Board: Rob Carrigan. • RELINQUISHED CHAIR
County Mayor Jacobs relinquished the Chair to Vice Mayor Edwards.
The following persons addressed the Board: -
Donna Rorstrom Kaley Rorstrom Bill West Richard Dunn Doug Kellogg
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- Alan Ashlock • REASSUMED CHAIR
County Mayor Jacobs reassumed the Chair from Vice Mayor Edwards.
County staff added a restriction recommended by the Planning and Zoning Commission which states "lots adjacent to Lake Pickett shall be a minimum of 1 acre in size." The following exhibits were received by the Clerk prior to the close of the public hearing: - Exhibit 1, from Rob Carrigan - Exhibit 2, from Donna Rorstrom Motion/Second: Commissioners Edwards/Boyd AYE (voice vote): All members Action: The Board upheld the decision of the Orange County Planning and Zoning Commission and approved the request by Robert E. Carrigan, Jr., Circle C Ranch to rezone -76.8 acres from R-CE (Country Estate District) to R-CE-C (Country Estate District - Cluster), with the following restrictions: Development shall comply with the submitted cluster land use plan dated "Received
January 3, 2013";
The minimum lot size shall be 21,780 square feet (1/2 acre); Residential development shall be limited to 49 single family lots; and Prior to Preliminary Subdivision Plan (PSP) approval, development will be subject to
School Concurrency and Capacity Enhancement review, and the applicant or any
subsequent property owner will be required to apply for a Capacity Enhancement
Agreement and/or a School Concurrency Mitigation Agreement with the School Board
of Orange County, Florida, on the described property.
Lots adjacent to Lake Pickett shall be a minimum of 1 acre in size. NOTE: THE FOLLOWING ITEMS WERE CONSIDERED TOGETHER. • BOARD-CALLED PLANNING AND ZONING COMMISSION PUBLIC HEARING, CONTINUED FROM MARCH 26, 2013 Applicant:
Lance Bennett, P.E., Poulos & Bennett, LLC, Springhill Planned Development / Land Use Plan (PD/LUP) Case No.: Planning and Zoning Commission, Case # LUP-12-02-042; January 17, 2013 Consideration: Request to rezone from A-1 (Citrus Rural District) & A-2 (Farmland Rural District) to PD (Planned Development)
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Location:
District 1; property generally located south of Seidel Road, west of S.R. 429 and Avalon Road, east of the Orange I Lake County line, and north of Flemings Road; Parcel IDs 08-24-27-0000-00-005; 17-24-27 0000-00-008; 18-24-27-0000-00-004 (portion); Orange County, Florida (legal property description on file in Planning Division)
County staff modified Condition 9 to read as follows: Payment of 500 ERUs (wastewater) and 500 ERCs (water) are due at the time of PSP approval for the first .ps.p within Village Hand 500 ERGs (water) are due at the time of prior to construction plan approval for the first construction plan set within Village H unless previously satisfied by another Village H Parcel. Alternatively, property owners may elect to enter into an agreement with Orange County to construct, with the first set of construction plans, the utility improvements beyond what is reguired by the Village H Master Utility Plan. and o COMMUNITY,
ENVIRONMENTAL AND DEVELOPMENT SERVICES DEPARTMENT CONSENT AGENDA ITEM 6 DEFERRED
Approval of Springhill PD Adequate Public Facilities and Impact Fee Credit Agreement' (Village H) by and between Orange County, Avalon Properties, LTD., Horizon West Properties, and HAP, Inc. District 1. (Planning Division) The following person addressed the Board: Lance Bennett. Motion/Second' Commissioners Boyd/Edwards AYE (voice vote): All members Action: The Board made a finding of consistency with the Comprehensive Plan; further, approved the request by Lance Bennett, P.E., Poulos & Bennett, LLC, Springhill Planned Development! Land Use Plan (PD/LUP), to rezone from A-1 (Citrus Rural District) & A-2 (Farmland Rural District) to PD (Planned Development), on the described property; subject to the following conditions: 1.
Development shall conform to the Springhill PO Land Use Plan dated "Received November 30,2012," and shall comply with all applicable federal, state and county laws, ordinances and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. Accordingly, the PO may be developed in accordance with the uses, densities and intensities described in such Land Use Plan, subject to those uses, density and intensities conforming with the restrictions and requirements found in the conditions of approval and complying with all applicable federal, state and county laws, ordinances and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. If the development is unable to achieve or obtain desired uses, densities or intensities, the County is not under any obligation to grant any waivers
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or modifications to enable the developer to achieve or obtain those desired uses, densities or intensities. In the event of a conflict or inconsistency between a condition of approval of this zoning and the Land Use Plan dated "Received November 30, 2012," the condition of approval shall control to the extent of such conflict or inconsistency. 2.
This project shall comply with, adhere to, and not deviate from or otherwise conflict with any verbal or written promise or representation made by the applicant (or authorized agent) to the Board of County Commissioners at the public hearing where this development was approved, where such promise or representation, whether oral or written, was relied upon by the Board in approving the development, could have reasonably been expected to have been relied upon by the Board in approving the development, or could have reasonably induced or otherwise influenced the Board to approve the development. For purposes of this condition, a "promise" or "representation" shall be deemed to have been made to the Board by the applicant (or authorized agent) if it was expressly made to the Board at a public hearing where the development was considered or approved.
3.
All acreages regarding conservation areas and wetland buffers are considered approximate until finalized by a Conservation Area Determination (CAD) and a Conservation Area Impact (CAl) Permit.
4.
A Master Utility Plan (MUP) consistent with Village H MUP shall be submitted to Orange County Utilities prior to approval of the first PSP/DP. The MUP must be approved prior to Construction Plan approval.
5.
The Developer shall obtain water, wastewater and reclaimed water service from Orange County Utilities.
6.
The developer shall be responsible for building master utilities transmission and collection infrastructure adequate to serve the PO and to accommodate the ultimate flows for the entire Village (SAP). Utilities infrastructure shall be built connection to the build-out points of connection approved in the Village H Master Utilities Plan (MUP).
7.
Prior to construction plan approval, all property owners within Village H, excluding public entities, shall be required to sign an agreement between the parties, addressing their proportionate share of funds for the costs of the offsite and onsite master utilities, sized to Village H requirements. Property owners may elect to use alternate financing in lieu of the private proportionate cost share agreement. provided master utilities sized for Village requirements are constructed.
8.
A five acre APF for a water facility and a one acre APF for a wastewater facility within Village H shall be identified prior to the approval of the first PSP within Village H and dedicated to the County prior to approval of the first construction plan set within Village H.
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9.
Payment of 500 ERUs (wastewater) and 500 ERCs (water) are due at the time ef PSP approval for the first PSP within Village Hand 500 ERGs ('.vater) are due at the time of prior to construction plan approval for the first construction plan set within Village H unless previously satisfied by another Village H Parcel. Alternatively, property owners may elect to enter into an agreement with Orange County to construct, with the first set of construction plans, the utility improvements beyond what is required by the Village H Master Utility Plan.
10. Waivers: a. A waiver is granted from Section 38-1253(c) to allow for on-street parking for recreational areas in lieu of off·street parking. b. A waiver is granted from Section 38~1384(f)(1) to eliminate the requirement of each block face having at least two (2) distinct lot sizes excluding the end units. C.
A waiver is granted from Section 38-1385.7(b)(2) within the Garden Home Mixed Use District to allow an average lot size of three thousand eight hundred and forty (3,840) feet in lieu of six thousand (6,000) feet.
d. A waiver is granted from Section 38-1385.7(b)(4) within the Garden Home Mixed Use District to allow a minimum lot width of thirty-two (32) feet in lieu of forty (40) feet. e. A waiver is granted from Section 38-1385.7(b)(9)(b) within the Garden Home Mixed Use District to allow a four (4) foot side yard setback in lieu of five (5) feet. f. A waiver is granted from Section 38-1386(b )(2) within the Village Home District to allow an average lot size of three thousand eight hundred and forty (3,840) feet in lieu of four thousand two hundred (4,200) feet. g. A waiver is granted from Section 38-1386(b)( 4) within the Village Home District to allow a minimum lot width of thirty-two (32) feet in lieu of thirty-five (35) feet. h. A waiver is granted from Section 38-1386(b)(10)(a) within the Village Home District to allow a seven (7) foot front porch setback in lieu of ten (10) feet. I.
A waiver is granted from Section 38-1386(b)(10)(b) within the Village Home District to allow a four (4) foot side yard setback in lieu offive (5) feet.
j. A waiver is granted from Section 38-1387.1(9)(a) within the Townhouse District to allow a seven (7) foot front porch setback in lieu of ten (10) feet.
11. At the time of approval of a plan for a single-family detached residential unit project, the developer shall have prepared and submitted for review a document
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containing covenants, conditions, and restrictions (CC&Rs) for the property being platted. The CC&Rs, which shall be recorded simultaneous with the recording of the plat, shall include a provision incorporating, verbatim, the following requirements: a. The same front fac;:ade for single-family residential units may not be repeated more than 5 times within 1 block length for both sides of any street, and shall be separated by at least 2 units with different facades. b. House front facades shall be varied and articulated to provide visual interest to pedestrians along the street frontage. The front fac;:ade of the main body of the house shall not exceed 40 feet in length, except for wings of "L"s which are setback from the front fac;:ade. In no case shall more than 50 percent of the front fac;:ade of a house consist of an unobstructed block wall or garage door. c. At least 50 percent of all single-family residential units 75' in width or less shall have a front porch. A front porch shall be a minimum of 7 feet in depth; 8 feet in width and cover a minimum 10 feet in width or 1/3 of the front fac;:ade, whichever is greater. d. Flat roofs shall be prohibited. e. Unless otherwise prohibited by the CC&Rs, fencing in the front yard shall be located within 3 feet of the sidewalk to define the separation of public and private spaces. Such fences shall be no higher than 3 feet, 6 inches, and be limited to decorative wrought iron or wood picket style. The provisions of the CC&Rs incorporating the above referenced requirements shall not be amended, removed, or superseded without the prior approval of the Board of County Commissioners, which approval may be withheld in the Board's sole discretion, and the CC&Rs shall contain a statement to that effect. Furthermore, the CC&Rs shall provide that the homeowner's association and any person owning property in the development have the right to enforce these requirements in the event they are violated. Finally, the CC&Rs shall also state that Orange County shall have the right, but not the duty, to enforce these requirements in the same manner as it enforces other Orange County ordinances and regulations. 12. Tree removal/Earthwork shall not occur unless and until construction plans for the first Preliminary Subdivision and/or Development Plan with a tree removal and mitigation plan have been approved by Orange County. 13. The applicant must apply for and obtain a capacity encumbrance letter prior to construction plan submittal and must apply for and obtain a capacity reservation certificate prior to platting. Nothing in this condition, and nothing in the decision to approve this preliminary subdivision plan, shall be construed as a guarantee that
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the applicant will be able to satisfy the requirements for obtaining a capacity encumbrance letter or a capacity reservation certificate. 14. A Capacity Enhancement Agreement is requ-i-fe€h a. Developer shall comply with all provisions of the Capacity Enhancement Agreement entered into with the Orange County School Board as of 08/16/06, and amended on 4/29108 and 06/24/08, and all future amendments. b. Upon the County's receipt of written notice from Orange County Public Schools that the developer is in default or breach of the Capacity Enhancement Agreement, the County shall immediately cease issuing building permits for any residential units in excess of the 199 residential units allowed under the zoning existing prior to the approval of the PO zoning. The County shall begin issuing building permits upon Orange County Public Schools' written notice to the County that the developer is no longer in breach or default of the Capacity Enhancement Agreement. The developer and its successor(s) and/or assign(s) under the Capacity Enhancement Agreement shall indemnify and hold the County harmless from any third party claims, suits, or actions arising as a result of the act of ceasing the County's issuance of residential building permits. c. Developer, or its successor(s) andlor assign(s) under the Capacity Enhancement Agreement, agrees that it shall not claim in any future litigation that the County's enforcement of any of these conditions are illegal, improper, unconstitutional, or a violation of developer's rights. d. Orange County shall be held harmless by the developer and its successor(s) andlor assign(s) under the Capacity Enhancement Agreement, in any dispute between the developer and Orange County Public Schools over any interpretation or provision of the Capacity Enhancement Agreement. e. At the time of platting, documentation shall be provided from Orange County Public Schools that this project is in compliance with the Capacity Enhancement Agreement. 15. An APF agreement shall be scheduled simultaneously with this Land Use Plan; and further, approved the Springhill PO Adequate Public Facilities and Impact Fee Credit Agreement (Village H) by and between Orange County, Avalon Properties, LTD., Horizon West Properties, and HAP, Inc.
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• BOARD-CALLED PLANNING AND ZONING COMMISSION PUBLIC HEARING, CONTINUED FROM MARCH 26, 2013 Applicant: Case No.: Consideration: Location:
Scott Glass, Shutts & Bowen, LLP, Roxbury Office Planned Development I Land Use Plan (PD/LUP) Planning and Zoning Commission, LUP-12-09-184; February 21,2013 Request to rezone from R-1 A (Single Family Dwelling District) to PO (Planned Development District) District 5; property generally located at 2654 Roxbury Road; south side of Roxbury Road, east of Wymore Road, north of Fairbanks Avenue, and west of Granada Drive; Parcel 10 02-22-29-2996-13-060; S/T/R 02122/29; Orange County, Florida (legal property description on file in Planning Division)
The following person addressed the Board: Scott Glass. Motion/Second: Commissioners Edwards/Thompson AYE (voice vote): All members Action: The Board made a finding of consistency with the Comprehensive Plan; and further, approved the request by Scott Glass, Shutts & Bowen, LLP, Roxbury Office Planned Development I Land Use Plan (PD/LUP), to rezone from R-1A (Single Family Dwelling District) to PO (Planned Development District), on the described property; subject to the following conditions: 1.
Development shall conform to the Roxbury Office PO Land Use Plan dated "Received January 10, 2013," and shall comply with all applicable federal, state and county laws, ordinances and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. Accordingly, the PO may be developed in accordance with the uses, densities and intensities described in such Land Use Plan, subject to those uses, density and intensities conforming with the restrictions and requirements found in the conditions of approval and complying with all applicable federal, state and county laws, ordinances and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. If the development is unable to achieve or obtain desired uses, densities or intensities, the County is not under any obligation to grant any waivers or modifications to enable the developer to achieve or obtain those desired uses, densities or intensities. In the event of a conflict or inconsistency between a condition of approval of this zoning and the Land Use Plan dated "Received January 10, 2013," the condition of approval shall control to the extent of such conflict or inconsistency.
2.
This project shall comply with, adhere to, and not deviate from or otherwise conflict with any verbal or written promise or representation made by the applicant (or authorized agent) to the Board of County Commissioners at the public hearing where this development was approved, where such promise or representation,
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whether oral or written, was relied upon by the Board in approving the development, could have reasonably been expected to have been relied upon by the Board in approving the development, or could have reasonably induced or otherwise influenced the Board to approve the development. For purposes of this condition, a "promise" or "representation" shall be deemed to have been made to the Board by the applicant (or authorized agent) if it was expressly made to the Board at a public hearing where the development was considered or approved. 3.
Outdoor sales, storage and display shall be prohibited.
4.
The following applicable waivers are granted for Office use only: a. A waiver from Orange County Code Section 24-4(a)(1) to eliminate the applicable landscaping requirements for vehicular use areas located adjacent to a right-of-way/roadway. b. A waiver from Orange County Code Section 24-4(a)(2) to eliminate the applicable landscaping requirements adjacent to properties zoned or designated for residential use that are owned by the Florida Department of· Transportation (FOOT). c. A waiver from Orange County Code Section 24-4(d) to eliminate the applicable building perimeter landscaping requirements provided between all buildings and the public right-of-way and along the primary fayade. d. A waiver from Orange County Code Section 24-5(a)(4} to eliminate the applicable Type 0 buffer requirements along the southern and western parcel boundaries where adjacent property is owned by the Florida Department of Transportation (FOOT) only. e. Waivers from Orange County Code Section 38-1230(a) and 38-1272(d) to allow parking areas to utilize DOT 57 stone (with the exception of the ADA space) in lieu of the requirement that all parking areas be paved.
f. Waivers from Orange County Code Sections 38-1272(3) and 38-1272(3)(c) to allow an 11.6' PO perimeter setback along the west property line, a 20.55' PO perimeter setback along the east property line, and a 2.8' PO perimeter setback along the south property line for existing structures only, in lieu of the required 60' PO perimeter setback from an Expressway (west) and the required 25' PO perimeter setback (east and south). g. A waiver from Section 38-1272(a)(3)(d) to allow a 25' front setback for existing structures only, in lieu of the required 30' front setback. h. A waiver from Orange County Code Section 38-1501 to allow a minimum lot width of 57.35' and a minimum lot area of 8,659 square feet for existing
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structures only, in lieu of a minimum lot width of 85' and a minimum lot area of 10,000 square feet. 5.
The following applicable waivers are granted for Residential use only: a. A waiverfrom Orange County Code Section 38-1252 to eliminate the 10% open space requirement for residential. b. A waiver from Orange County Code Section 38-1253 to eliminate the mandatory recreation area requirement. c. Waivers from Orange County Code Sections 38-1254(1) and 38-1254(2)(d) to allow an 11.6' PO perimeter setback along the west property line, a 20.55' PD perimeter setback along the east property line, and a 2.8' PO perimeter setback along the south property line for existing structures only, in lieu of the required 75' PD perimeter setback from an Expressway (west) and the required 25' PD perimeter setback (east and south). d. A waiver from Orange County Code Section 38-1272(a)(3)(d) to allow a 25' front setback for existing structures only,.in lieu of the required 3~' front setback. e. A waiver from Orange County Code Section 38-1501 to allow a minimum living area of 635 square feet and a minimum lot width of 57.35' for existing structures only, in lieu of the required minimum living area of 1,200 square feet and required minimum lot width of 75'.
6.
In the event the subject PD property is conveyed to any entity not owned by Joseph and Margaret Sanfelippo (the current property owners), the property shall automatically revert from Office use to Residential use only and shall be subject to the preceding residential waivers from the Orange County Code.
NOTE: THE FOLLOWING PUBLIC HEARINGS WERE CONSIDERED TOGETHER. • BOARD-CALLED PLANNING AND ZONING COMMISSION PUBLIC HEARING, CONTINUED FROM MARCH 26, 2013 Applicant:
Case No.: Consideration: Location:
Jay R. Jackson, Kimley-Horn and Associates, Inc., Universal Boulevard Planned Development (a/so known as "U.S.I. South Campus Planned Development") Land Use Plan Amendment Planning and Zoning Commission, Case # LUPA-12-03-065; February 21,2013 Request to rezone from 1-4 (Industrial District) and PD (Planned Development District) to PD (Planned Development District). District 6; property generally located north and south of W. Sand Lake Road, east of Universal Boulevard, west of John Young Parkway and
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north of R. 528; Parcel ID Multiple parcels; SIT/R: 01/24/28; 36/23/28; 31,32/23/29; 4,5,6124/29; Parcels proposed to be aggregated into the PD: 31-23-29-0000-00-012; 31-23-29-0000-00-014; 31-23-29 0000-00-008 (partial); and 31-23-29-0000-00-013 (partial); Orange County, Florida (legal property description on file in Planning Division) and • SUBSTANTIAL CHANGE PUBLIC HEARING, CONTINUED FROM MARCH 26, 2013 Applicant:
Consideration:
Jay Jackson, Kimley-Horn and Associates, Inc., Pavilion at Sand Lake Planned Development (PD) Land Use Plan (LUP), (Case #CDR-12-12 020) Substantial change request to approve a substantial change to the PD to: 1. Transfer 1,000,000 square feet of retail/commercial uses into the adjacent Universal Boulevard PD; 2. Add light industrial and industrial park as permitted uses; and
Location:
3. Grant a waiver from Section 38-1272(a)(5) to allow a maximum building height of 400 feet, in lieu of 50 feet; while maintaining the maximum building height of 35 feet when within 100 feet of any residential; pursuant to Orange County Code, Chapter 30, and Section 38-1207. District 6; property generally located south of West Sand Lake Road, north and east of Universal Boulevard, and west of South John Young Parkway; Parcel ID #s: 31-23-29-0000-00-007; and 31-23-29-0000-00 015; SIT/R: 31/23/29; Orange County, Florida (legal property description on file)
The County Mayor noted the applicant waived time to address the Board. • MEMBER EXITED: Commissioner Edwards Motion/Second: Commissioners Russell/Boyd Absent: Commissioner Edwards AYE (voice vote): All present members Action: The Board continued the public hearings until April 30, 2013, at 2 p.m.
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• COMMUNITY, ENVIRONMENTAL AND DEVELOPMENT SERVICES DEPARTMENT CONSENT AGENDA ITEM 7 DEFERRED Approval of Road Impact Fee Agreement Pavilion at Sand Lake Mandarin Drive Extension by and among IA Orlando Sand, L.L.C., Fourth Quarter Properties 129, LLC, and Universal City Property Management III LLC and Orange County for the dedication of right-of-way and design at no cost to the County with construction of Mandarin Drive Extension from Sand Lake Road to Universal Boulevard by Owners for 100% road impact fee credits. District 6. (Roadway Agreement Committee) Motion/Second: Commissioners RusselilThompson Absent: Commissioner Edwards AYE (voice vote): All present members Action: The Board continued this item until April 30, 2013, at 2 p.m. • SUBSTANTIAL CHANGE PUBLIC HEARING, CONTINUED FROM MARCH 26, 2013 Applicant:
Thomas Hankinson, Summit Construction Management Group, LLC, The Crenshaw School Planned Development (PO) Land Use Plan (LUP), (Case #CDR-13-02-029) Consideration: Substantial change request to The Crenshaw School PO/LUP to: 1) Change the land use from Private School to Public Charter School; 2) Increase the maximum student enrollment from 600 to 1,145; 3) Reduce the size of the building(s) from 105,000 square feet to 70,000 square feet; and 4) Grant a waiver from Orange County Code Section 38 1389(b)(2)(d) to eliminate the requirement for a Special Exception; pursuant to Orange County Code, Chapter 30, and Section 38 1207. Location: District 1; property generally located south of Ficquette Road, west of Overstreet Road; Parcel ID 23-23-27-0000-00-006; SITIR: 23/23/27; Orange County, Florida (legal property description on file) County staff noted the location to be 7199 Ficquette Road; generally south of Ficquette Road and west of Overstreet Road in District 1. The following person addressed the Board: Thomas Hankinson. • MEMBER JOINED: Commissioner Edwards The following persons addressed the Board: - Jennifer Bracewell - Lester Austin - June Cole
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Motion/Second: Commissioners Boyd/Brummer AYE (voice vote): All members Action: The Board denied the substantial change request by Thomas Hankinson, Summit Construction Management Group, LLC, The Crenshaw School Planned Development (PD) Land Use Plan (LUP), (Case #CDR-13-02-029), to The Crenshaw School PD/LUP to: 1) Change the land use from Private School to Public Charter School; 2) Increase the maximum student enrollment from 600 to 1,145; 3) Reduce the size of the building(s) from 105,000 square feet to 70,000 square feet; and 4) Grant a waiver from Orange County Code Section 38-1389(b)(2)(d) to eliminate the requirement for a Special Exception. • COUNTY MAYOR DISCUSSION AGENDA ITEM 1 Open Discussion on issues of interest to the board. Action: None • ADJOURNMENT, 4:25 p.m.
ATTEST:
County Mayor Teresa Jacobs Date: _ _ _ _ _ _ _ _ _ __
ATTEST SIGNATURE: Martha O. Haynie County Comptroller as Clerk
Documents Coordinator
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Attachment to "Request For Action" Number
13-D07
, Asset Number
Asset Description
Purchase Original Depreciated Date
Cost
Value
DepartmenUOffice last using equipment
001315
TRAC1"OR TRUCK
6/27/2002
60,791.00
0.00
001445 001481
FLATBED TRUCK CONCRm TRUCK
5/27/1999 6/29/2000
51,773.00 146,903.00
0.00
• Roads and Drainage
0.00
Roads and Drclinage
001629 001701
FLATBED TRUCK TRACTOR TRUCK 5PRAYTRUCK
10/1/1980 5/1/1986
0.00 0.00
Parks and Recreation
97,611.50
2/20/1989
25,995.06
0.00
Parks and Recreation
001831
DUMP TRUCK
10/9/1989
30,111.74
0.00
Parks and Recreation
001878
TRACTOR TRUCK
0.00
Utilities
001892
0.00
Head Start
11/15/1994
16,410.00 63,521.00
0.00
Utilities Division Water Reclamation
001932
FLATBED DUMP TRUCK DUMP TRUCK VAN
8/18/1992 10/1/1981
55,813.00
SEWER CLEANING TRUCK TRASH LOADER
2/28/1995 3/26/1996
22,579.00 140,892.00
0.00 0.00
Facilities Management
001965 001999
10/20/1997
63,231.00
0.00
Roads and Drainage
002011
BOX SCRAPER
7/30/1991
4,000.00
0.00
Roads and Drainage
002023
UTILrTYCART
3/23/2000
7,266.47
0.00
Parks and Recreation
002047
GOLF CART
4/12/1994
1,250.00
0.00
Corrections
002070
PLANER
10,750.00
0.00
Roads and Drainage Parks and Recreation
001815
001912
15,360.00
.....
Utilities Division Solid Waste
UnUTYCART
5,099.00
0.00
002207
GOLF CART
9/30/1999
1,975.00
0.00
Corrections
002210
TOWED ROTARY MOWER
4/15/1999
1,477.56
0.00
Roads and Drainage
002222 002234
GOLF CART
3/16/2000
5,970.28
002257 002516
RIDING MOWER
6/15/2000 8/10/2000
14,737.00 7,119.99
0.00 0.00
Utilities Division Water
RIDING MOWER PUMP
3/12/1990
002517
PUMP
002736 . 002818
WELLPOINT PUMP TILLER
Logistics
11,450.00
0.00
Roads and Drainage
3/12/1990
11,450.00
0.00
Roads and Drainage
9/23/1999
15,430.00
0.00
UtiHties Division Water Reclamation
4/9/1990
2,465.00
0.00
Roads and Drainage
002826
PUMP
6/25/1990
11,450.00
0.00
Roads and Drainage
RIDING MOWER
2/23/1993
12,972.50
0.00
Parks and Recreation
002912
RIDING MOWER
2/1/1994
4,823.00
0.00
Parks and Recreation
002942
TOWED FLAIL MOWER TOWED ROTARY MOWER
4/18/1995 7/23/1996
2,769.29 2,265.00
0.00 0.00
Utilities Division Water Reclamation
002962A
002980
TOWED ROTARY MOWER
6/17/1997
2,290.00
0.00
Roads and Drainage
002981
TOWED ROTARY MOWER
6/17/1997
2,290.00
0.00
002982
Roads and Drainage
TOWED ROTARY MOWER
6/17/1997
2,290.00
0.00
Roads and Drainage
002983
TOWED ROTARY MOWER
6/17/1997
2,290.00
0.00
Roads and Drainage
002985
TOWED ROTARY MOWER
6/17/1997
2,290.00
002986
6/17/1997
2,290.00
0.00 0.00
Roads and Drainage
TOWED ROTARY MOWER
002987
TOWED ROTARY MOWER
6/17/1997
002988
6/17/1997
2,290.00 2,290.00
0.00 0.00
Roads and Drainage
TOWeD ROTARY MOWER
002991 002993
TOWED ROTARY MOWER
6/17/1997
2,290.00
0.00
Roads and Drainage
TOWED ROTARY MOWER
6/17/1997
2,290.00
0.00
002994
TOWED ROTARY MOWER
Roads and Drainage
6/17/1997
2,290.00
0.00
002997
TOWED FLAIL MOWER
Roads and Drainage
7/15/1997
1,552.00
002998
0.00
TOWED FLAIL MOWER
Roads and Drainage
7/15/1997
1,552.00
003016
0.00
TOWED ROTARY MOWER
Roads and Orainage
12/17/1998
003017 003018
2,225.80
0.00
TOWED ROTARY MOWER TOWED ROTARY MOWER TOWED ROTARY MOWER GROOMER 5UV
Roads and Drainage
12/17/1998
2,225.80
0.00
Roads and Drainage
12/17/1998 12/17/1998
2,225.80 6,291.02 9,858.00 13,361.38
0.00 0.00
Roads and Drainage
0.00
Parks and Recreation
004537
BOX TRUCK
004617
5UV
004812 004815 004835 004902
AERIAL TRUCK VAN
-....1923 )).078 1 __ ":079
PICKUP TRUCK
VAN VAN CAR CAR
Last revision: 412612013 1:32 PM
3/1/2001 5/15/1989
Assets are surplus to the County's needs
offer to non-profit organizations and then scrap remainin
assets
Roads and Drainage
Roads and Drainage
I
Roads and Drainage
II
Roads and Drainage
0.00
Convention Center
1/11/1990 5/14/1990
17,250.00
0.00
Supervisor of Elections
14,832.00
0.00
Fleet Management
7/6/1993 7/27/1993 6/28/1994 12/6/1994 6/13/1995 4/11/2003 4/11/2003
41,679.22 11,381.00 15,217.00
0.00 0.00
Facilities Management
0.00
Utilities Division Solid Waste
13,929.00
0.00
Fleet Management
20,920.55 14,553.00
0.00 0.00 0.00
Housing and Community Development
14,553.00
Sell assets through public auction IT not redirected to other departmental use. If no bids are received,
Parks and Recreation
0.00
002867
004432
Justification
Roads and Drainage
002136
003045
Requested
Traffic Engineering
8/8/1995 1/29/1998
003019
Disposition
Traffic Engineering
Corrections Corrections
Page 1
~
I. CONSENT AGENDA COUNTY ADMINISTRATOR 1
AGENDA DEVELOPMEN 20} South l
1398
April 24, 2013
TO:
Mayor Teresa Jacobs
-AND-
Board of County Commissioners
THRU:
Cheryl J. Gillespie, Supervisor Agenda Development Office
FROM:
Diane D. Shertz, Advisory Board Coordinator
Agenda Development Office
~
'O\) 5 .
SUBJECT: Membership and Mission Review Board Recommendations
CONSENT AGENDA ITEM MAY14, 2013.
1.
At its April 19, 2013 meeting, the Membership and Mission Review Board approved recommending the following advisory board appointments/reappointments:
A.
Affordable Housing Advisory Board: Appointment of Betsy VanderLey to succeed Rick V. Baldocchi in the local planning agency representative category with a term expiring June 30, 2014.
B.
Agricultural Advisory Board: Reappointment of David R. Ward in the cattle industry representative category with a term expiring December 31,2014.
C.
Children and Family Services Board: Reappointment of Leah B. Shepherd and Wanda W. Brewer in the at large representative category with terms expiring December 31, 2014.
D.
Citizens' Commission for Children: Reappointment of Alger M. Studstill, Jr., Katherine C. Clark, Ronita M. Sanders, Nancy Warren Nangle. and Donna H. Parker in the at large representative category with terms expiring December 31,2014. Citizens' Review Panel for Human Services: Reappointment of Pedro Padua in the economically distressed representative category, Cleo Coles, Jr., M.D. in the senior advocate representative category, and Bobby L. Watson and Rev. Evers Robinson in the at large representative category with terms expiring December 31,2015.
77
Subject: Agenda Items Page 2
May 14, 2013
F.
Health Facilities Authority: Reappointment of A. William Forness, Jr. in the at large representative category with a term ending December 31,2016.
G.
Tourist Development Council: Reappointment of Mayor Howard Schieferdecker in the elected municipal official category, Randy A. Garfield and Cheryl Seckman in the owner/operator subject to the tax representative category, and Christine O'Neal in the non-owner/operator not subject to the tax representative category; and the appointment of Frederick G. Pullum in the owner or non-owner representative category with terms expiring April 30, 2017. Note: Mr. Garfield will move from the owner or non-owner representative category to succeed Harris Rosen in the owner/operator subject to the tax representative category. Mr. Pullum will succeed Mr. Garfield in the owner or non-owner representative category.
Attached for your review are detailed summaries of each recommendation. Recommendation books have been delivered separately. ACTION REQUESTED: Approval of the Membership and Mission Review Board recommendations for advisory board appointments/re'appointments. Attachments
78
I. CONSENT AGENDA COUNTY ADMINISTRATOR 1·A
AFFORDABLE HOUSING ADVISORY BOARD MMRB Liaison: Evelyn S. Rivera, (407)
810~8562
MISSION Provides assistance in the development of a housing assistance plan and housing incentive plan; assists in the development of incentives to promote affordable housing. STATUS OF VACANCIES There is one vacancy in the local planning agency representative category. THE MMRB RECOMMENDS: Consideration of the appointment of Betsy VanderLey to succeed Rick V. Baldocchi in the local planning agency representative category with a term expiring June 30, 2014. APPLICANT
OCCUPATION
Betsy VanderLey
DRMP, Inc.lGeneral Civil Business Development Director
RACE
SEX
DISTRICT
W
F
1
SUMMARY OF QUALIFICATIONS Betsy VanderLey: Ms. VanderLey is a former member of the Membership and Mission Review Board and currently serves on the Planning and Zoning Commission. She has worked in and around the building industry for most of her adult life and has lived in Orange County for over 40 years. She is a member of CREW and the West Orange Chamber of Commerce.
79
CURRENT BOARD
ORIGINAL APPOINTMENT Residential Home Building Industry Drew Abel
TERM
EXPIRES RACE
SEX
DISTRICT
11/11/08
6130113
W
M
5
Banking or Mortgage Banking Industry 1/15/13 Jennifer K. Pollock
6/30/14
W
F
2
Not-for-Profit Provider of Affordable Housing 4/9/13 Richard A. Wentzell
6/30/14
W
M
2
Real Estate Professional Matthew Ramirez
10/16/12
6/30114
H
M
4
Orange County Resident Jodi L. Santiago
10/16/12
6/30/14
0
F
4
7/8108
6/30/13
B
F
1
11/11/08
6/30/13
W
M
1
For-Profit Provider of Affordable Housing Joseph Chambers 11/15/11
6130114
H
M
2
Local Planning Agency Rick V. Baldocchi
6/8/10
6/30/14
W
M
5
10/13/09
6/30/13
W
F
3
10/7/08
6/30/13
B
F
2
Advocate for Low Income Persons Michelle E. Bellamy Labor Engaged in Home Building Walter F. Maguire
Em~loyers' Re~resentative
Sarah E. Kelly
Essential Services Personnel Patricia Rumph
80
I. CONSENT AGENDA COUNTY ADMINISTRATOR
1·6
AGRICULTURAL ADVISORY BOARD
MMRB Liaison: Nicole V. McLaren, (407)
325~2069
MISSION Reviews, analyzes and provides recommendations and comments about rules, regulations and ordinances affecting the agricultural industry. STATUS OF VACANCIES There are four vacancies on this 11 ~member board from among the following categories: foliage industry representative, the lawn spraymen/pest control representative, the lawn maintenance/landscaping industry representative, flowering plant industry representative, flowering trees and woody ornamentals industry representative, and bedding plant industry representative. The term of David R. Ward has expired, and the final term of Billy Butterfield has expired. THE MMRB RECOMMENDS: Consideration of the reappointment of David R. Ward in the cattle industry representative category with a term expiring December 31,2014.
81
CURRENT BOARD
ORIGINAL APPOINTMENT
TERM EXPIRES
RACE
SEX
DISTRICT
Citrus Industry Larry B, Bean
9/15/09
12/31/13
W
M
5
Joseph Chambers
12/11/12
12/31/14
H
M
2
Cattle industry David R. Ward
5/8/12
12131/12
W
M
5
Equine Industry Hl1gh "Fred" Dietrich. III
3/6/12
12131/13
W
M
5
Brenda A. Hagemeister
12/11/12
12/31/13
W
F
5
11/9/10
12/31/12
W
M
4
12/5/06
12/31/12
W
M
4
At Large D. Bradley Hester [Resigned]
1112110
12/31/12
W
M
5
David Dymond
11/11/08
12/31/13
Other
M
3
Alexander H. Smith
12/11/12
12/31/14
B
M
2
Lawn Sj2raymen/Pest Control Rick A.Reinhardt [Resigned] Lawn Maintenance/Landscaj2ing Billy Butterfield
82
I. CONSENT AGENDA COUNTY ADMINISTRATOR
1C
CHILDREN AND FAMILY SERVICES BOARD
MMRB Liaison: Genean McKinnon, (407)
341~0341
MISSION
Assists the county in obtaining donations for Youth & Family Services Division programs, advises the county with respect to gifts and the provision of services, and advocates for children and families in Orange County. STATUS OF VACANCIES
There is one vacancy in the at large representative category due to the final term expiration of Kevin Johnson. The terms of Elisha Gonzalez Bonnewitz, Leah B. Shepherd, and Wanda W. Brewer have expired. THE MMRB RECOMMENDS:
Consideration of the reappointment of Leah B. Shepherd and Wanda W. Brewer in the at large representative category with terms expiring December 31, 2014.
83
CURRENT BOARD
ORIGINAL APPOINTMENT
TERM EXPIRES
RACE
SEX
DISTRICT
8/7/12
12/31/12
H
F
5
Traci Woods
3/18/08
12/31/13
W
F
3
Kevin Johnson
12/16/08
12/31/12
W
M
1
Warren N. Kenner
1113109
12/31/13
W
M
1
Denise D. Dell-Powell
419/13
12131/14
W
F
5
Leah B. Shepherd
416/10
12131/12
W
F
5
Wanda W. Brewer
1111/11
12/31/12
A
F
1
Lucas Boyce
1110112
12/31/13
B
M
2
Jacqueline A. Kelvington
1/15/08
12/31/13
W
F
5
Carol Spencer
1115108
12/31/13
W
F
4
Commissioner Jennifer Thompson
1126112
12/31/14
W
F
4
4128198
nla
Elisha Gonzalez Bonnewitz
Honorary Members (non-voting} Laura M. Myers
84
I. CONSENT AGENDA COUNTY ADMINISTRATOR 1-0
CITIZENS' COMMISSION FOR CHILDREN MIVIRB Liaison: Tezlyn Figaro, (407) 223-3287 MISSION Collects information and data on the needs of children and families in Orange County and advises the Citizens' Commission for Children Division on resources for children, youth, and families. STATUS OF VACANCIES There are two vacancies in the at large representative category due to the resignation of Charles White, PhD and the recent move of Clarence Laster outside of Orange County. The terms of Alger M. Studstill, Jr., Katherine C. Clark, Ronita M. Sanders, Nancy Warren Nangle, and Donna H. Parker have expired
THE MMRB RECOMMENDS: Consideration of the reappointment of Alger M. Studstill, Jr., Katherine C. Clark, Ronita M. Sanders, Nancy Warren Nangle, and Donna H. Parker in the at large representative category with terms expiring December 31, 2014. CURRENT BOARD ORIGINAL APPOINTMENT
TERM EXPIRES
RACE
SEX
DISTRICT
Katherine C. Clark
7/26/11
12/31/12
W
F
5
Ronita M. Sanders
7/26/11
12/31/12
B
F
6
Nancy Warren Nangle
4/10/12
12/31/12
W
F
3
Alexander C. Hernandez
815/08
12131/13
H
M
1
Dr. Charles J. White [Resigned]
4/5/11
12/31/13
W
M
6
Clarence Laster [Resigned]
6/5/12
12/31/13
B
M
6
Donna H. Parker
10/13/09
12/31/12
W
F
5
Alger M. Studstill, Jr.
4/10/12
12/31/12
B
M
6
85
ORIGINAL APPOINTMENT
TERM EXPIRES
RACE
SEX
DISTRICT
4/10/12
12/31/13
B
M
3
Demetrius V. Smith County Commissioner (Non-Voting) Commissioner Pete Clarke
1129113
12/31/13
W
M
3
86
I. CONSENT AGENDA COUNTY ADMINISTRATOR 1-E
CITIZENS' REVIEW PANEL FOR HUMAN SERVICES MMRB Liaison: Tezlyn Figaro, (407) 223-3287 MISSION Evaluates, recommends, and monitors Orange County's and the City of Orlando's allocation of funding to non-profit human service agencies and reviews needs assessment/targeted community studies and United Way panel recommendations in order to make funding recommendations to the Community Funding Forum. STATUS OF VACANCIES There are four vacancies in the at large representative category (3), and the at large member-in training category (1). The terms of Bobby L. Watson, Rev. Evers Robinson, Pedro Padua, and Cleo P. Coles, Jr., M.D. have expired. THE MIVIRB RECOMMENDS: Consideration of the reappointment of Pedro Padua in the economically distressed representative category, Cleo P. Coles, Jr., M.D. in the senior advocate representative category, and Bobby L. Watson and Rev. Evers Robinson in the at large representative category and with terms expiring December 31,2015. CURRENT BOARD ORIGINAL APPOINTMENT
TERM EXPIRES
Laurie Stern
1/10/12
At Large Ryan A. Myers
RACE
SEX
DISTRICT
12/31/14
Un listed
F
2
1/10/12
12/31/14
W
M
3
Kathryn E. Copeland [Resigned]
1/10/12
12/31/14
W
F
3
Ralph Martin
9/11/07
12/31/14
B
M
2
Michael T. Daniels
10/13/09
12/31/13
B
M
4
Sylvia T. Caceres, PhD
2/18/03
12/31/14
H
F
4
Paulette Nurse
8/17/10
12/31/13
8
F
2
Erin M. Nurse
10/13/09
12/31/14
W
F
4
Youth Advocate
87
.<
ORIGINAL APPOINTMENT
TERM EXPIRES
RACE
SEX
DISTRICT
Bobby L. Watson
10/5/10
12131/12
B
M
6
Ron L. Landon
1115108
12/31/14
W
M
2
Susie A Brown
1115/08
12/31/13
B
F
2
Melissa M. Hernandez [Resigned]
12/14/10
12/31/14
H
F
1
Rev. Evers Robinson
8117110
12/31/12
B
M
6
Dorothy Gabriel
1/10/12
12/31/14
B
F
4
Natasha P. Johnson [Resigned]
1/15/08
12/31/13
B
F
4
12/14/10
12/31/13
H
M
4
9111/12
12/31/12
H
M
4
7116/12
12/31/13
B
F
2
MIWBE SQokesQerson Adrianna Comellas-Macretti
4/9/13
12131/14
H
F
1
Senior Advocate Cleo P. Coles, Jr., M.D.
1115/08
12/31/12
B
M
2
At Large Members-in-Training {4} Mark A Arias
8/7/12
12/31/14
H
M
3
Jacqueline Centeno
9111/12
12/31/14
H
F
4
Tiffany S. Dziekan
9/11112
12/31/14
B
F
4
Juan Rosado Economicall~
Distressed
Pedro Padua Ph~sicall~
Challenged Beverly J. Jackson
Vacancy
88
I. CONSENT AGENDA COUNTY ADMINISTRATOR
1·F
HEALTH FACILITIES AUTHORITY
MMRB Liaison: Tezlyn Figaro, (407) 233-3287
MISSION Issues tax-exempt bonds and refunding bonds for the purpose of providing funds to pay the cost
of health facilities projects.
STATUS OF VACANCIES
There are no vacancies on this five-member board. The term of A. William Forness, Jr. has
expired.
THE MMRB RECOMMENDS:
Consideration of the reappointment of A. William Forness, Jr. in the at large representative
category with a term ending December 31,2016.
CURRENT BOARD ORIGINAL APPOINTMENT
TERIVI EXPIRES
RACE
SEX
DISTRICT
Yvonne Holmes
11/11/08
12/31/15
B
F
2
John J. Coffey
8114107
12/31/13
W
M
4
A. William Forness, Jr.
1/10106
12/31/12
W
M
5
Tiffany G. Slaughter
2/16/10
12/31/13
W
F
5
Dr. Peter D. Taylor
7117107
12/31/14
B
M
1
89
I. CONSENT AGENDA COUNTY ADMINISTRATOR 1-G
TOURIST DEVELOPMENT COUNCIL
MMRB Liaison: T. Picton Warlow, (407) 467-1311
MISSION
Makes recommendations to the Board of County Commissioners for the effective operation of special projects or uses of the tourist development tax revenue. STATUS OF VACANCIES
There are no vacancies on this nine member board. The terms of Mayor Howard Schieferdecker, Harris Rosen, Cheryl Seckman, Christine O'Neal, and Randy Garfield have expired. THE MMRB RECOMMENDS:
Consideration of the reappointment of Mayor Howard Schieferdecker in the elected municipal official category, Randy A. Garfield and Cheryl A. Seckman in the owner/operator subject to the tax representative category, and Christine O'Neal in the non-owner/operator not subject to the tax representative category; and the appointment of Frederick G. Pullum in the owner or non owner representative category with terms expiring April 30, 2017. Note: Mr. Garfield will move from the owner or non-owner representative category to succeed Harris Rosen in the owner/operator subject to the tax representative category. Mr. Pullum will succeed Mr. Garfield in the owner or non-owner representative category. APPLICANT
OCCUPATION
Frederick G. Pullum
Old Florida National Bank/Executive Vice President, Commercial Bank Director
RACE
SEX
W
M
DISTRICT
3
SUMMARY OF QUALIFICATIONS:
Frederick G. Pullum: Mr. Pullum is a fourth generation resident of Orange County who is experienced in the financing of timeshare developments, timeshare HOAs, management companies and hotels. He is licensed with the state of Florida as a reat estate salesperson. He is a founding member, treasurer and serves on the board of directors for Downtown South Main Street 501 (c) 3. He is also the current chairman and treasurer of the not-for-profit Blankner School Foundation, Inc. Mr. Pullum received both his bachelor's and master's degrees at Florida State University.
90
CURRENT BOARD ORIGINAL APPOINTMENT
TERM EXPIRES RACE
County Mayor Teresa Jacobs (Ex Officio)
SEX
DISTRICT
W
F
1
Elected MuniciQal Officials Mayor Buddy Dyer
8/5/03
4/30/16
W
M
5
Mayor Howard Schieferdecker
1/11/11
4/30/13
W
M
5
M
1
Owners/OQerators of Motels l Hotels l Rec. Vehicle Parks/Other Tourist Accommodations Harris Rosen 4/12/05 4/30/13 W
Doug Gehret
6/8110
4/30/14
W
M
1
Cheryl A. Seckman
4/14/09
4/30/13
W
F
1
Non-Owner/OQerators Involved in the Tourist Industry 4/14/09 4/30/13 Christine O'Neal
W
F
1
4/30/14
B
F
1
4/30/13
W
M
1
Jacqueline Bradley
4/6/10
Owner/OQerator or Non-Owner/OQerator Randy A. Garfield 4/14/09
91
O~ ". f\~.~E 1
fIJi
~),OJ Soutl! U""alind Avenue l~epJy 'I }HY/ ·r)Bn~blL:?:C Fa:.:: lHYl -g~3n-~~gS)D ~l
I. CONSENT AGENDA COUNTY ADMINISTRATOR
0
f.
2
\'
.:
Ctrttmy
GOVmmrvrENT FLORIDA
April 26, 2013
TO:
Mayor Teresa ,Jacobs
-AND-
Board of County comn.lissioner~rJ
FROM:
Cheryl J. Gillespie, Supervisor Agenda Development Office
~
SUBJECT: Aviation Noise Abatement Committee Nominations
CONSENT AGENDA ITEM May 14, 2013
The Aviation Noise Abatement Committee (ANAC) was established by interlocal agreement between Orange County and the Greater Orlando Aviation Authority (GOM) on November 1, 1977. ANAC makes recommendations for establishing noise abatement procedures and monitors the implementation of such procedures, Orange County nominates all local government representatives for appointment, including those from the City of Orlando and Osceola County. GOM makes the appointments. The terms of William H. Prather, Jr. (Osceola County representative), Eric Norber (City of Orlando representative); Anthony Enright (at large representative of Orange County east of Goldenrod Road), and Simon' Snyder (at large representative of North Orange County) have expired. The City of Orlando has recommended Mr. Norber for reappointment. Mr. Enright and Mr. Snyder have indicated their willingness to continue to serve as members. The terms of appointment would expire April 4, 2017.
ACTION REQUESTED: Approval of the following nominations for reappointment by the Greater Orlando Aviation Authority to the to the Aviation Noise Abatement Committee: a) Eric Norber for reappointment in the City of Orlando representative category with a term expiring April 4, 2017; b) Anthony E. Enright for reappointment in the at large representative of Orange County east of Goldenrod Road category with a term expiring April 4, 2017; and c) Simon Snyder for reappointment in the at large representative of north Orange County category with a term expiring April 4, 2017.
92
I. CONSENT AGENDA COUNTY ADMINISTRATOR
ACi-ENDA DEVliLOPMEl
3
201 South l?osalilld Avenue. [
JJ •
F
1.
()
{~
IDA
May 1,2013
TO:
Mayor Teresa Jacobs -ANDBoard of County Commissioners
FROM:
Cheryl J. Gillespie, Supervisor Agenda Development Office
SUBJECT:
Appointments to the Lake Pickett Advisory Board CONSENT AGENDA ITEM MAY 14, 2013
~
Commissioner Edwards has requested Board confirmation of his appointment to the Lake Pickett Advisory Board of Alan Ashlock, Bonnie Rimmel, and Dan G, Washburn with terms expiring December 31, 2013 and David L Evans and Debra L Parish with terms expiring December 31, 2014. Copies of the advisory board applications for appointment have been provided to you under separate cover.
ACTION REQUESTED: Confirmation of Commissioner Edwards' appointment to the Lake Pickett Advisory Board of Alan Ashlock, Bonnie Rimmel, and Dan G. Washburn with terms expiring December 31,2013 and David l. Evans and Debra L. Parish with terms expiring December 31, 2014.
93
O~E
Interoffice Memorandum
I. CONSENT AGENDA COUNTY ADMINISTRATOR 4
cffirNty
!\GENDA ITEM
GOVERNMENT PLORIDA
April 18, 2013
TO:
Mayor Teresa Jacobs -A[\ID~
Board of County Commissioners FROM:
Randy Singh, Manager, Office of Management & Budget
I{,~.
SUBJECT: Consent Agenda Items for May 14, 2013 Budget Amendments #13-42 and #13-43
Provided for Board approval are copies of the budget amendments processed by the Office of Management and Budget. ACTION REQUESTED: Approval of budget amendments #13-42 and #13-43.
RS/tp Attachments
94
Interoffice Memorandum
GOVERl~MENT FLO
II
I
i;---;\
April 26, 2013
TO:
Mayor Teresa Jacobs -ANDBoard of County Commissioners
FROM:
Randy Singh, Manager, Office of Management and Budget
Ire:;,·
SUBJECT: Consent Agenda Item for May 14, 2013 Budget Amendment #13-42, Fund #7725 Sustainable Communities Regional Planning Grant Program Sub-recipient Between East Central Florida Regional Planning Council and Orange County Office of Regional Mobility The U.S. Department of Housing and Urban Development through the East Central Florida Regional Planning Council (ECFRPC) awarded the Sustainable Communities Regional Planning Grant in the amount of $126,716 for a corridor planning study along Orange Avenue in the vicinity of Sand Lake Road SunRail Station. On February 12, 2013, the Board of County Commissioners approved a grant agreement with ECFRPC. Grant term is effective February 1, 2012 through January 31,2015. Therefore, in accordance with Section 129.06(2)(d), Florida Statutes, it is recommended that the following accounts be adjusted by the amounts shown. Revenues: Account Number 7725-068-7960-3120
Classification Department of Housing and Urban Development TOTAL REVENUES
$
Amount 126,716
Expenditures:
Account Number Classification
3AT -7725-068-7960-3197 Contractual Services TOTAL EXPENDITURES
RS/PM/tp c: County Administrator Clerk of the Board of County Commissioners Finance File
95
O~E
Interoffice Memorandum
AGENDA\TEM
cflliNty
GOVEHNMENT FLORIDA
April 26, 2013
TO:
Mayor Teresa Jacobs
-AND-
Board of County Commissioners
FROM:
Randy Singh, Manager, Office of Management and Budget
1:5, I
SUBJECT: Consent Agenda Item for May 14, 2013 Budget Amendment #13-43, Fund #7657 Stop Act Grant Agreement #: LD965 - Amendment No.2 Office for A Drug Free Community/Health Services Department
On September 12, 2011, the Orange County Board of County Commissioners approved the Stop Act Grant to enhance the Orange County Drug Free Coalition campus/community collaborative to address underage drinking issues among 18 to 20 year old college students in the amount of $100,000. The U.S. Department of Education through the Florida Department of Children and Family has awarded amendment no. 2 to increase the award in the amount of $18,166, for a total award of $118,166. Therefore, in accordance with Section 129.06(2)(d), Florida Statutes, it is recommended that the following accounts be adjusted by the amounts shown. Revenues:
Account Number 7657-060-7424-3160
Expenditures:
Account Number 2XK-7657-060-7424-3197
Classification U.S. Department of Education Public Safety TOTAL REVENUES
Classification Contractual Services TOTAL EXPENDITURES
$
Amount
18,166
$ $
Amount
18,166 18,166
RS/PM/tp c: County Administrator
Clerk of the Board of County Commissioners
Finance
File
96
gg~
Interoffice Memorandum
I. CONSENT AGENDA . COUNTY ADMINISTRATOR
5
\GENDA ITEM
GOVERNMENT FLORIOA
April 26, 2013
TO:
Mayor Teresa Jacobs -ANOBoard of County Commissioners
FROM:
Randy Singh, Manager, Office of Management & Budget
1(<5,
SUBJECT: Consent Agenda Item for May 14. 2013 Budget Transfers #13-1104 and #13-1141
Provided for Board approval are copies of the budget transfers processed by the Office of Management and Budget.
ACTION REQUESTED: Approval of budget transfers #13 1104 and #13 1141. w
w
RS/tp Attachment
97
BUDGET TRANSFER REQUEST NO
AGENDA ITEM FUND NO
DEPARTMENT(S) _ _ _ C_o_m-,--p_tr_o_lIe_r_M_S_T_U_I_M_S_B_U_ __
1172 ---
DATE:
ORGANiZATION
- -05/14/13 ----of
pg
Request the follo\;\~ng transfer be made for the reason(s) stated' AGENCY
BCC tp
13-1104
(To be assigned by OMB)
OBJECT
APPR
AMOUNT FROM
AMOUNT TO
.~?:........... ~~.~...... ............................ g~?5....................................................~.5..:g . . . . . . . . . . . . . . ?.~.S . . . .~ ..............1..~.5..:g.~g ... . . . . . . . . . . . . . . . . . . . .. Reserves
TITLE
Reserve for Contingency
~?:........... ~?.!....................................~~~.~.....................................................~.:.!..~ ........................ . . ~py . ..............................................~............... ~.~?.'.?9.9.. . OCP Drain Maintenance Improvements
TITLE NO.
Contractual Services MSTU
.:
1..... ·.........··,. ..·1··· .................................................. ................ .. .................................................................,.;..... ........................................................................................... .
..
TITLE
~
'
..·.. ··
NO.
•••••••••••• ............ u
• • • • • • • • • • • • • • • • • • • • • • • • • , • • • • • • • • • • • , •• "
••••••• , •••••••••••••••••••••••••••••••••••••••• "
. . . . . . . . . . . . . . . . . . . . . . . . • .. •••• . . . .h
••••••••
;U ..H
. . . . . . . . ~"
' ••••••••••••• "
........... ' .......................................................... .
TITLE NO .
............
•••••••••••••••••••••
TITLE' NO.
.....................................................................
....... u
..................................................... ~ ••••• H
......................... H
.........................
" . , ••••• , " , "
..............................
','
....... ".. . .... '.. ..................................................................... ..............................................................:........ ...........................................................................................
~;~.~~
~ .'~
'
~?:............'.. ~.............................................................................................................................................. i.. ~· .. ·~ ..,..,'·:..·:·
.......................................................................................
. ...
n~.
NO.
• .... u ••••••• ~ •••••_. . . . ._H •.I ............. u ..... u u . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . u . . . . . . . . . . . . . . . . .
TITLE·.:',
• . . . . . u ••• ' .... HH . . H~ .... ~., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .!H. . . . VU,r~r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " •••
. .
......
NO.
• • • • • • • ~ . . . . . . . . . . . . . . . . , . . . . . . . . . . . . " ' . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~H • • • • • • • • • • • 0+ • • • • • • •
.
TITLE
......... HH . . . . . . . . . . . . . . . . . H
...... H
..............
'
,
" u ............. u ..... 5O
.
H
,~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' , ••• , . . . . . . . . . . . . . . . "
, .... ..
................ .
..
TOTAL:
JUSTIFICATION (to be completed by OMB):
$
145,000
$
145,000
This budget transfer is necessary to fund the drainage
rehabilitation project in fund 1172 (Orlando Central Park MSTU). This portion of the project was primarily budgeted in fiscal year 2014, but the project schedule now allows for it to be completed in fiscal year 2013. The reserves in this fund are sufficient to provide for this amendment.
REQUESTED BY:
Original on file
RECOMMENDED BY:
(Department Manager)
(County Comptroller)
*******************************"**"*********'****************************** APPROVED I DISAPPROVED Board of County Commissioners I County Administrator: REQUESTING DEPARTMENT: DISTRIBUTION AFTER APPROVAL:
FORWARD ENTIRE SET TO THE OFFICE OF MANAGEMENT AND BUDGET WHITE - FISCAL; GREEN - FINANCE; GOLD - OMB; YELLOW - OMB; PINK· REQUESTING DEPARTMENT
98
BUDGET TRANSFER REQUEST
FUND NO
1032 ----
DATE:
OBJECT
ORGANIZATION
.,NO. ',.,. ,'" . . ,."072 ....................,,"",.. . . .,.. ,',.0475 . . ,.. . . . . . . . . . . . . ', . . . · · · ·. Reserves
TITLE
- -05/14/13 ----of
pg
Request the following transfer be made for the reason(s) stated' AGENCY
9550 Rese·rve··~···Future·
BCC tp
(To be assigned by OMB)
Public Works
DEPARTMENT(S)
13-1141
CONTROL NO
AGENDA ITEM
AMOUNT TO
AMOUNT FROM
APPR
. . ·..·. . .TBA . . . . . . ,..$. . . . . ,.. . . .450,000 .,.. . . . ,....................................', . ,'".,"'.. ..
Capital Outlay
!:!9:...,....... ?.!..~. . . ,.. . . . . ,."'.,..........?~~~...............,.................................... 1.~.~? .............,..............~9.~ . ,..............,....... '.. ', ......................~. . . "........~??:.???.. . TITLE
Revenue - Transportation
Refunds Prior Year
Impact Fees
Revenue
.... ,................ H........... ,............. ...................
~H.........
....................... ..............,............................,,.," ......................,04......
.. ....................................................................................
u
..
".,.................................................................................................. ··.. ··,,··....··,', ........•.......... ··,············ ..•·....1··.. •........·.. ·.·.t..·..···············.. ·· .. ·........·.. ·· ....·............................................. ..
....
:...
'
............
. . . . . . . . . . . . . . . . . . ~H
.................................................. H
.. ' ..
'.
'.':,'
'.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ •• , • • • .
..........................................................................................
>,
..... ............ .......................................................................................... ............................................................. ;...........................................................................................................
TOTAL:
JUSTIFICATION (to be completed by OMB):
$
450,000
$
450,000
............................................. L -_ _ _ _ _- - '
This budget transfer is necessary to pay a refund of Transportation
Impact Fees to Laan Hospitalities as a result of a court order.
REQUESTED BY:-;-::-_-:--:-::-:-O_r..."ig,,-i_n:-a_1o_n_fi_le_ _ _ _ _ _ _ RECOMMENDED BY: (Department Manager)
(County Comptroller)
******************************_*****************************************11: APPROVED I DISAPPROVED Board of County Commissioners I County Administrator: REQUESTING DEPARTMENT: DISTRIBUTION AFTER APPROVAL:
FORWARD ENTIRE SET TO THE OFFICE OF MANAGEMENT AND BUDGET WHITE - FISCAL: GREEN FINANCE: GOLD OMS: YELLOW - OMB; PINK - REQUESTING DEPARTMENT
99
O~E Interoffice Memorandum
I. CONSENT AGENDA COUNTY ADMINISTRATOR 6
CUNTY
AGENDA ITEM
GOVERNMENT PLO~lDA
April 29, 2013
TO:
Mayor Teresa Jacobs -ANOBoard of County Commissioners
FROM:
Randy Singh, Manager, Office of Management & Budget
SUBJECT:
Consent Agenda Item for May 14, 2013 CIP Amendment #13C-0090
~.'!J.
Provided for Board approval is a copy of the CIP amendment processed by the Office of Management and Budget.
ACTION REQUESTED:
Approval of CIP amendment #13C-0090.
RS/tp Attachment
100
AGENDA ITEM
REQUEST FOR AMENDMENT TO 5 YEAR CAPITAL IMPROVEMENTS PROGRAM Amendment No.: Date Approved:
Department:
13C-0090
05/14/13
Project Information I
FUND
I
PROJECT TITLE
PROJECT #
5844
1483
Eastern Water Reclamation Reuse
5844
1411
.South Service Area Effluent Reuse
1$
TO
FROM .~.-
4,860,390
I !
$
4,860,390
$
4,860,390
I
l$
AMENDMENT TOTAL Project Amount Prior To This Amendment Project ID/Org 1483
Prior Years
Current Budget
Future Years
Total Project
4,860,390
Revised Project Amount
Current Budget Future Years
Total Project
$23,795,889
$5,535,311
$22,940,138
$52,271,338
$674,921
$22,940,138
$47,410,948
$40,733,716
$5,096,459
$17,999,427 _--.;:;.$.::-63;::'..,8.::..;;2;;;..;;9-,-,,6:...;:;0.;;:...2
$9,956,849
$17,999,427
$68,689,992
Description/Justification: This CIP amendment is necessary to transfer funds from Eastern Water Reclamation Reuse Project to the Southern Service Area Effluent Reuse Project to allocate the State Revolving Fund Loan money to the correct unit. Total project cost for unit #1483 will decrease by the amount requested, and the total project cost for unit #1411 will increase by the amount requested.
Original on file DEPARTMENT MANAGER
ANAGEMENT & BUDGET
101
I. CONSENT AGENDA ADMINISTRATIVE SERVICES
DEPARTMENT
lntcroflice }Vlemorandl
1
April 18, 2013 FLORIDA
TO:
Mayor Teresa Jacobs
and the Board of County Commissioners
FROM:
rChardson, Manager, Purchasing and Contracts ~rision
CONTACT: UaCqUeline Torbert, Manager, Water Division
407 -254-9850
SUBJECT: Award of Invitation for Bids Y13-196-JS, Hydrofluosilicic Acid RECOMMENDATION: Approval to award Invitation for Bids Y13-196-JS, Hydrofluosilicic Acid, to
the low responsive and responsible bidder, Harcros Chemicals, Inc., in the
estimated contract award amount of $202,500 for a 1-year term contract
(base year). Further request authorization for the Purchasing and
Contracts Division to exercise option years one and two upon satisfactory
performance. Funds are available in account number 4420 038 1324
4150. The Water Division and Business Development Division concur
with this recommendation.
Due to projected usage, the Water Division anticipates that the entire
estimated contract amount will be ordered during the initial contract term.
PURPOSE: Hydrofluosilicic acid (fluoride) is added to drinking water as a public health
benefit to assist in the prevention of tooth decay.
DISCUSSION: Two bids were received in response to Invitation for Bids Y13-196-JS and
were evaluated for responsiveness, responsibility and price. The low bid
of Harcros Chemicals, Inc. is $.43 per gallon lower than the current
contract price and is considered reasonable.
Harcros Chemicals, Inc. is the current contractor and they have a
satisfactory performance history with the county. Therefore,
recommendation is made for award to Harcros Chemicals, Inc.
The bid tabulation is attached.
102
BID TABULATION
IFB YB-196-JS
HYDROFLUOSILICIC ACID
103
Interoffice Mcmol'andum
BUSINESS DEVELOPMENT DIVISION
March 15,20]3
TO:
lim Schell, Senior Purchasing Agent Purchasing & Contracts Division
FROM:
Kesi Warren, Senior Cont,"ct Admillis1rator Business Development Division
SUBJECT:
Business Development Division Bid Evaluation
PROJECT:
IFB #Y13-196-JS, Hydrofluosilicic Acid
~
The Business Development Division evaluated the 2 bids submitted for this project and found that none of the bidders are Orange County Certified Minority Women Business Enterprises, Hence, the bid preference program in accordance with the County's Mf\\'BE Ordinance, Section 17-324 can not be applied,
c:
Errick W. Young, Manager, Business Development Division
104
IntcTofiJce ]\icmorand
GOVERNMENT
I. CONSENT AGENDA ADMINISTRATIVE SERVICES DEPARTMENT 2
\1arch 15,2013
FLOlllDA
'1'0
FROM:
Mayor Teresa Jacobs
and the Board of COlinty Commissioners
~lardSOn, Manager, Purchasing and Contracts Division
CONTACT: Elizabeth Serrano, Project Manager, Roads and Drainage Division PHONE:
407-836-7873
SUBJECT:
Award oOl1vitation for Bids Y13-187-PD, Fill Dirt
RECOMMENDATION: Approval to award Invitation for Bids Y I ] 87-PD, Fill Dirt, to the low responsive and responsible bidder, Paul E. Walsh Trucking, Inc., for a I-year tem1 contract in the estimated contract award amount of $431,250. Fmther request authorization for the Purchasing and Contracts Division to renew the contract for an additional two years. Based on historical usage the Roads and Drainage Division anticipates the entire estimated contract amount will be ordered dming the initial contract period. The Roads and Drainage and the Business Development Divisions concm with this recommendation. PURPOSE: To provide the Roads and Drainage Division with a source for fill dirt to be ordered as needed for various projects throughout the county. DISCUSSION: Four (4) bids were received in response to this invitation for Bids. The bids were evaluated for price, responsiveness and responsibility. The low bidder, Paul E. Walsh Trucking, Inc., has a satisfactory performance record. A bid tabulation is attached.
105
Fill Dirt Yl Page 2
187
Bid tabulation follo'vvs: Bidder
Paul E. Walsh Trucking, Inc. G W Trucking, Inc. Sloan Trucking & Excavating, Inc. David Qutar Trucking, Inc.
Total Estimated Annual Bid
$431,250 $457,500 $483,750 $862,500
106
Interoffice Memorandum
GOVERNMENT
BUSINESS DEVELOPMENT DIV1SION
March 14,20]3
TO:
Perry Davis, Senior Purchasing Agent Purchasing & Contracts Division
FROM:
Kes! Warren, Senior Contract Business Development Division
SUBJECT:
Business Development Division Bid Evaluation
PROJECT:
Admjnistrato~
IFB-Y13-187-PD, :FilI Dirt (revised)
The Business Development Division evaluated the 4 bids submitted for this project and found that this contract may be awarded to Paul E. Walsh Trucking, Inc., a certified Minority! Women Business Enterprise bidder. The Orange County certified firm is the lowest bidder. Thus, the bid preference does not apply, per the County's M!WBE Ordinance, Section 17-324. c:
Errick Young, Business Development Division
107
BiD
p
3-187 -PO, Fill Dirt %
$ Over Low Bidder
Rank
Low Bid
--l..
Bid
2nd Low G W Trucking, Inc. (AFAM)
$457,500.00
$26,250
6.Q9%
$483,750.00
$52,500
12.17%
$862,5000° 1
$43j,250
10000%
David Outar
Inc. (AFPac)
-
I I
%
Difference $ Over 2nd! From 2nd Low Bid Low Bid
!
$431,25000
Paul E. Walsh Trucking, Inc
3rd Low Solan Trucking & Excavating, Inc. (AFAM) ~hLow
o (X)
Bid Amount
Difference From Low Bid (7%)
$26,250
I
$405,OO~1
5.74% 88.52%
Interoffice )Vfcmorancl
I. CONSENT AGENDA ADMINISTRATIVE SERVICES DEPARTMENT
3
April 22, 2010 FLORIDA
TO:
Mayor Teresa Jacobs and the Board of County Commissioners I
FROM:
I~~~y Richardson, Manager, Purchasing and Contracts
Vf~lvlslon
CONTACT: Jacqueline Torbert, Manager, Water Division 407 -254-9850 SUBJECT: Award of Invitation Hypochlorite
for
Bids
Y13-1007-JS,
Sodium
RECOMMENDATION: Approval to award Invitation for Bids Y13-1007-JS, Sodium Hypochlorite, to the low responsive and responsible bidder, Odyssey Manufacturing Company, in the estimated contract award amount of $892,800 for a 1-year contract. Further request authorization for the Purchasing and Contracts Division to renew the contract for two additional 1-year terms. Funds are available in account numbers 4420 038 1324 4151 and 4420 038 1355 4151. The Water, Water Reclamation and Business Development Divisions concur with this recommendation. Due to projected usage, the Water and Water Reclamation Divisions anticipate that the entire estimated contract amount will be ordered during the initial contract term. PURPOSE: Sodium Hypochlorite is used in the Water Division to disinfect water supplied to Utilities Department customers and by the Water Reclamation Division as a disinfection agent to meet the water quality standards for re cia imed water. DISCUSSION: Two bids were received in response to Invitation for Bids Y13-1007-JS and were evaluated for responsiveness, responsibility and price. The low bidder, Odyssey Manufacturing Company has a satisfactory record of performance with the county. Therefore, award is recommended to Odyssey Manufacturing Company The bid tabulation is attached.
109
BID TABULATION
Y13-1007-JS
SODIUM HYPOCHLORITE
110
Interoffice Memorandum
GOVERNwIENT BUSINESS DEVELOPMENT DIVISION
March 29,20 J 3
TO:
Jim Schell, Senior Purchasing Agent Purchasing & Contracts Division
FROM:
Kesi Warren, Senior Contract AdministratoW Business Development Division
SUBJECT:
Business Development Division Bid Evaluation
PROJECT:
!FB #Y13-1007-JS, Sodium Hypochlorite
The Business Development Division evaluated the 2 bids submitted for this project and found that none of the bidders are Orange County Certified Minority Women Business Enterprises. Hence, the bid preference program in accordance with the County's M/WBE Ordinance, Section 17-324 can not be applied.
c:
Errick W. Young, Manager, Business Development Division
111
Interoffice MenlOrandum
I. CONSENT AGENDA ADMINISTRATIVE SERVICES DEPARTMENT
4
GOVERNMENT FLORIDA
May 2, 2013 TO:
Mayor Teresa Jacobs and the Board of County Commissioners
J
FROM: CONTACT:
Richardson, Manager, Purchasing and Contracts Division ark Rizzo, Senior Environmental Specialist, Environmental Protection Division
PHONE:
407-836-1536
SUBJECT:
Award ofInvitatiol1 for Bids Y13-] OJ O-PD, Prescribed Fire and Associated Services
RECOMMENDA TION: Approval to award Invitation for Bids Y13-l010-PD, Prescribed Fire and Associated Services, to the low responsive and responsible bidders, Habitat Restoration & Wildlife Protection Services, LLC for an estimated annual contract amowlt of $200,000 as the primary bidder and Green Environmental Management LLC for an estimated annual contract amount of $125,000 as the secondary bidder for 1-year term contracts. Recommended awards are based on the budget amount for this service and not the bid amounts. Further request authorization for the Purchasing and Contracts Division to renew the contracts for an additional four years. Based on historical usage the Environmental Protection Division anticipates the entire estimated contract aI110unt will be ordered during the initial contract period. The Environmental Protection and the Business Development Divisions concur with this recommendation. PURPOSE: To conduct prescribed burning and prescribed burning preparation activities in different plant conununities on County properties. Prescribed buming is used to maintain native plant species composition and structure. The goals are to increase biological diversity, enhance threatened and endangered species' habitat, mimic natural processes, and reduce excessive fuel loads. DISCUSSION: . Three bids were received in response to this invitation for bids. The bids were evaluated for price, responsiveness and responsibility. Two contractors are required due to the volume of work. The primary contractor, Habitat Restoration & Wildlife Protection Services, LLC, will be given the first opportunity to perform the work. The secondary contractor will be used as workload dictates. The low bidders, Habitat Restoration & Wildlife Protection Services, LLC and Green Environmental Management, LLC, have a satisfactory performance record. A bid tabulation is attached.
112
Prescribed Fire and Associated Services, Y 13-1010 Page 2
Bid tabulation follows:
Bidder Habitat Restoration & Wildlife Protection Services, LLC Prescribed Burning x $105 per acre x Pile Burning $115 per Hr Fire line Maintenance $225 per mile x Fire line Installation $405 per mile x Mechanical Vegetation $75.25 per acre x Reduction roller chopping 6. Mechanical Vegetation $435.75 per acre x Mulching 7. Lone Miscellaneous $40.05 per Hr x Services x 8. Mobilization of Fire $475 per Hr Equipment and Personnel TOTAL BID
1. 2. 3. 4. 5.
850 acres 75 Hrs 50 miles 50 miles 200 acres 200 acre
$89,250 $ 8,625 $11,250 $20,275 $15,050
=
=
$87,150
200 Hrs
$8,010
15 Hrs
$7,1 $246,735
Green Environmental Management, LLC Prescribed Burning $135 per acre x 850 acres = $114,750 $230 per Hr Pile Burning $17,250 x 75 Hrs Fire line Maintenance $262 per mile x 50 miles $13,125 Fire line Installation per mile x 50 miles $834. $41,737.50 Mechanical Vegetation $44.65 per acre x 200 acres $8,930 Reduction roller chopping 6. Mechanical Vegetation $561.75 per acre x 200 acre = $112,350 Mulching =: $) 8,000 7. Lone Miscellaneous $90 per Hr x 200 HI'S Services 8. Mobilization of Fire $290 per HI' $4,350 x 15 I-Irs Equipment and Personnel TOTAL BID $330,492.50
1. 2. 3. 4. 5.
113
Prescribed Fire and Associated Services, Y 13-1010 Page 3
Atkins North America, Inc. $203 per acre x 850 acres:=: $172,720 1. Prescribed Burning $368 per HI' x 75 I-Irs 2. Pile Burning $27,600 ,., j . Fire Jine Maintenance $293.50 per mile x 50 miles = $14,675 4. Fire line Installation $838.50 per mile x 50 miles = $4] ,925 $10,676 5. Mechanical Vegetation $53.38 per acre x 200 acres Reduction roller chopping 6. Mechanical Vegetation $545.88 per acre x 200 acre $109,176 Mulching $93.75 per Hr 7. Lone Miscellaneous x 200 Hrs $18,750 Services $0.00 per lIr = $0.00 8. Mobilization of Fire x 15 Hrs Equipment and Personnel TOTAL BID $395,552
114
O~~E
C:~UNtY
Interoffice Memorandum
GOVER-wffiNT BUSINESS DEVELOPMENT DIVISION
April 12,2013
TO:
Perry Davis, Senior Purchasing Agent Purchasing & Contracts Division
FROM:
Kesi Warren, Senior Contract Business Development Division
SUBJECT:
Business Development Division Bid Evaluation
PROJECT:
IFB #Y13-1010-PD, Prescribed Burning and Associated Services
AdministTator~
The Business Development Division evaluated the 3 bids submitted for this project and found that none of the bidders are Orange County Certified Minority Women Business Enterprises. I-Ience, the bid preference program in accordance with the County's MlWBE Ordinance, Section 17-324 can not be applied.
c:
Errick W. Young, Manager, Business Development Division
115
I. CONSENT AGENDA
ADMINISTRATIVE SERVICES
DEPARTMENT
In teroJllce ]\1ernoranchun
5
April 25, 2013 FLO
RID
A
TO:
Mayor Teresa Jacobs and the Board of County Commissioners I
FROM:
"
(p'mY M. Richardson, Manager, Purchasing and Contracts Division
CONTACT:
John P. (Jack) McGowan, Manager, Capital Planning, Orange County Convention Center (OCCC)
PHONE:
(407) 685-5838
SUBJECT:
Award ofInvitation for Bids Y13-784-SB, Orange County Convention Center Interior Wayfinding Infra-Structure Improvements West Concourse
Recommendation Approval to award Invitation for Bids Y13-784-SB, Orange County Convention Center Interior Wayfinding Infra-Structure Improvements, West Concourse, to the low responsive and responsible bidder, BDG Construction Services, LLC , in the total contract award amount of$159,127. Funds are available in account 44300350960 6210. The Orange County Convention Center and the Business Development Division concur with this recommendation.
PURPOSE The scope of work includes demolition, power and data improvements with restoration of surfaces and finishes to upgrade the West Concourse Interior Wayfinding System.
DISCUSSION Three bids were received. BDG Construction Services, LLC has a satisfactory record of performance and has been determined to be responsible. Therefore, award is recommended to BDG Construction Services, LLC. The County's design consultant and staff evaluated the bids for reasonableness. The approximately 52% difference between the low bid and the second low bidder, Orion Management, LLC, is attributed to contractor's means and methods. BDG Construction Services, LLC confim1ed their bid price and understanding of the scope of work. They have prior successful experience on Orange County contracts. In view of the above, the bid is considered fair and reasonable.
Bids Received:
Base Bid:
BDG Construction Services, Orion Management, LLC 10hnson-Laux Construction
$]59,]27 $241,758 $403,000
116
1nt.eroffice Memorandum
BUSINESS DEVELOPMENT DIVISION
April 19,2013
TO:
Sally Bergman, Contract Supervisor
Purchasing & Contracts Division
FROM:
Dexter Watts, Senior Contract Administrator Business Development Division
SUBJECT:
Business Development DivisionBid Evaluation
PROJECT:
Y13-784-SB / Orange County Convention Center Interior Wayfinding Infrastructure Improvements West Concourse
The Business Development Division evaluated the 3 bids submitted for this project and found that the apparent low bidder BDG Construction Services, LLC did not achieve good faith effort documentation and reported 0.00% MWBE participation in their bid. The second low bid submitted by Orion Management, LLC achieved good faith effort documentation and reported 0.00% MWBE participation in their bid. The third low bid submitted by Johnson-Laux Construction, LLC did not achieve good faith effort documentation and reported 0.00% MWBE participation in their bid. None of the bids were within the MWBE sliding scale range to be awarded this contract over the low bidder. Our evaluation of these bids was based on the participation listed on the subcontractor/supplier page. If the low bidder is not chosen, please let us know so that we may obtain Letters of Intent to confirm the participation. Attached is a spreadsheet reconciling the bidders' compliance with the IFB's MJWBE requirements, including the percentage breakdown for all bidders and a comparison of the relative bids versus participation percentages. c:
Errick Young, Manager, Business Development Division
117
BID COMPARISON
IFBpY13-784-SB I Orange County Convention Center Interior Wayfinding Infrastructure Improvements West
Concourse %
Rank
Bidder
Low Bid BDG Construction Services, LLC 2nd Low Orion Management, LlC 3rd low Johnson-laux Construction, llC
Bid Amount
$159,127.00 $241,758.00 $403,000.00
$ Over Low
MJWBE $'5 in Bid
% MJWBE (Goal 25%)
GFE
$0.00
0.00%
no
$0.00 $0.00
0.00% 0,00%
yes no
Bid
Difference From low Bid (7%)
$ Over 2nd Low Bid
51.93% 153.26%
CO
EEO% M/W
0/0
--
$82,631.00 $243,873,00
16/12
$161,242.00
-..:l.. -..:l..
% Difference From 2nd low Bid
784 AL-Orange County Convention Center Interior Wayfinding Infrastructure Improvements West Concourse
66,70%
6/26
--
Interoffice Mel
I. CONSENT AGENDA ADMINISTRATIVE SERVICES DEPARTMENT 6
GOVERNMENT
REAL ESTATE MANAGEMENT ITEM 1
FLORIDA
DATE:
April 22, 2013
TO:
Mayor Teresa Jacobs and the Board of County Commissioners / . ~ John D. Terwilliger, Director)Y \ Administrative Services Department
THROUGH:
,I, / / FROM:
CONTACT PERSON: DIVISION:
ACTION REQUESTED:
PROJECT:
Linda Hinote, Title Examiner rJ<;p/ Real Estate Management Division
Ann Caswell, Assistant Manager Real Estate Management Phone: 836-7082
APPROV AL OF UTILITY EASEMENT BETWEEN SHADOW WOOD
INVESTORS, LLC AND ORANGE COUNTY, SUBORDINATION OF
ENCUMBRANCES TO PROPERTY RIGHTS TO ORANGE COUNTY
FROM PNC BANK, NATIONAL ASSOCIATION FIKIA RBC BANK
(USA), SUBORDINATION OF ENCUMBRANCE TO PROPERTY
RlGHTS TO ORANGE COUNTY FROM COVELLI FAMIL Y
LIMITED PARTNERSHIP II, SUBORDINATION OF
ENCUMBRANCES TO PROPERTY RlGHTS TO ORANGE COUNTY
FROM INTERNATIONAL CENTER PROPERTY OWNERS'
ASSOCIATION, INC., SUBORDINATION OF ENCUMBRANCE TO
PROPERTY RIGHTS TO ORANGE COUNTY FROM MA YBAR 110,
LLC AND AUTHORIZATION TO RECORD INSTRUMENTS
Shadow Wood Parcels D/E/F
Utility File #69968
District 1 PURPOSE:
To provide for access, construction, operation, and maintenance of utility facilities as a requirement of development.
119
Real Estate Management Division Agenda Item 1 April 22, 2013 Page 2
ITEMS:
Utility Easement Cost: Donation Size: ,086.80 square feet Subordinations of Encumbrances to Property Rights to Orange County (4)
APPROVALS:
Real Estate Management Division UtiHties Department
REMARKS:
Grantor to pay all recording fees.
A file labeled "BCC Agenda Backup" containing a copy of this agenda item and all supporting documentation is in the top drawer of the BCC file cabinet in the supply room adjacent to Commissioner Thompson's office.
120
~I~
Interoffice Men
I. CONSENT AGENDA COMMUNITY, ENVIRONMENTAL AND DEVELOPMENT SERVICES DEPARTMENT
1
GOYEI{NM"ENT
AGENDA ITEM
FLORIDA
April 15, 2013 Mayor Teresa Jacobs AND-
TO:
Board of County cornmiSSi,~rs Jon V. Weiss, P.E., Director Community, Environmental a Services Department
FROM:
N?"
a
evelopment
CONTACT PERSON: Robert Spivey, Manager Code Enforcement Division (407) 836-4221 May 14, 2013 Consent Item Resolutions for Special Assessment Lien(s) Lot Cleaning (40)
SUBJECT:
Pursuant to Orange County Code, Chapter 28, Nuisances, Article II" Lot Cleaning. the County is authorized to have property cleaned through an independent contractor when not done voluntarily by the property owner, after sufficient notice. Further, the regulation allows the Board of County Commissioners by Resolution to place Special Assessment Liens on such properties to recoup the cost of cleaning. The following properties have been cleaned at the expense of the County with associated costs as indicated. All Districts (Code Enforcement Division)
Case No.
Disl.# Property Owner
LC 12-1255 LC 12-1325 LC 12-1442 LC 12-1633 LC 12-1677 LC 12-1051 LC 12-1287 LC 12-1301 LC 12-1428 LC 12-1501 LC 12-1517
1 1 1 1 1 2 2 2 2 2 2
LC 12-1561 LC 12-1597 LC12-1634
2 2 2
VERON DIEGO; VERON SANDRA BERGAMO KATIA MCCULLOCH THOMAS BHAWANIE INDRA BLACKBURN SANG CHAN KIRKLAND BART A OCLEIRIGH COLM GRANT KENNEDY HUTYRA CHAD; HUTYRA AMY ,JIMENEZ-RIVERA NOEll A; MARTINEZ GAOl A HOLDER SHERYL J; HOLDER DAVID ADRIAN RICARDO CHAMBERS ELAINE C EDWARDS LISA J LlSK LINDA 0; LlSK ROY E
Amount*
$ $ $ $ $ $ $ $ $ $ $
272.10 160.14 111.66 177.06 136.62 147.06 187.14 129.18 246.82 109.86 213.96
$ 163.26 $ 130.62 $ 132.78
121
Page Two May 14, 2013 - Consent Item . Resolutions for Special Assessment Lien(s) Lot Cleaning (40)
Case No. LC 12~1635 LC 12~1648
Dist.# 2 2
Property Owner KANE MICHAEL D; KANE DEBORAH B WAMSLEY FREDERICK D JR
12-1679 13-0047 13-0073 12-1626 13-0011 13-0015 13-0170
2 2 2 3 3 3 3
REGIONS BANK DARFUS CHARLENE M; DARFUS MARK ASHBURN RITA J; ASHBURN CASTO JR POST CARE MEDICAL CORP DRANE TAMMY MARIE; DRANE DAVID TAYLOR THOMAS LANDON E TARPON IV LLC
LC 12-1619 LC 13-0195 LC 13-0232 LC 13~0342 LC 12-0844 LC 12-1132 LC12-1136 LC12-1153 LC 12-1212 LC 12-1221 LC 12-1229 LC 12-1249 . LC 12-1258 LC 12-1271 LC 12-1333 LC 12-1427 LC 12-1439
4 4 5 5 6 6 6 6 6 6 6 6 6 6 6 6 6
KRUGER WILLIAM B KERNS KRISTEN B E 50%; KERNS GARY L 50% PEREZ ORLANDO MORALES RUTH N; MORALES JULIO M YALE MORTGAGE CORP 20TH904 TRUST RAMDASS MITLA HARDIN HENRIETTA G PINTO GARRY M SZYLUK RICHARD S BREEDWOOD SANDRAH SANDRONI JOHN J TR STANLEY ERROLD EL SERRAFF ALAA DEONANAN HAFIZA RAMDAS RONALD DARIUS JOHN
LC LC LC LC LC LC LC
Amount*
$ 144.54 $ 186.62 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
144.66 190.50 292.20 142.32 108.29 203.30 245.46 98.29 141.85 202.14 347.71 164.35 96.24 224.70
125.94 96.06 269.56 131.82 181.92 116.22 153.42 244.84 126.66 149.82
Copies of the Resolutions for the Special Assessment Liens are on file and available for review in the Code Enforcement Division. * Administrative costs to process and collect on these cases have been added. ACTION REQUESTED:
Approval of Orange County, Florida, Resolutions Establishing Special Assessment Liens for Lot Cleaning Services and approval to record Special Assessment Liens on property cleaned by Orange County, pursuant to Orange County Code, Chapter 28, Nuisances, Article II, Lot Cleaning. All Districts
JVW/RS:rg Attachments
122
I. CONSENT AGENDA COMMUNITY, ENVIRONMENTAL AND DEVELOPMENT SERVICES DEPARTMENT 2
Interoffice Memol
AGENDA ITEM
April 22, 2013 TO:
FROM:
· V
SUBJECT:
Mayor Teresa Jacobs -A D BO; rd~1County Commissioners leE. Harrison, Esq., P.E., Chairman ay Agreement Committee ; 7~.36.5313
9
I .a ~
4, 2013 - Consent Item Roa Impact Fee Agreement Orchid Bay Development International Drive
The Roadway Agreement Committee has reviewed a Road Impact Fee Agreement for intersection improvements at the intersection of International Drive and Westwood Boulevard extension between Orange County and Orchid Bay Development, LLC ("Owner"). The Road Impact Fee Agreement provides that Owner will construct the road improvements within 180 days of receiving the final design plans from Orange County. Upon completion of the road improvements the Developer shall submit an invoice for actual costs of the work completed and upon approval of the invoice, Orange County shall provide road impact fee credits in Zone 3 for the amount approved for the construction up to the not to exceed total of $74,000 as shown in Exhibit E. The Roadway Agreement Committee approved the Developer's Agreement on February 20,2013. The Specific Project Expenditure Report and Relationship Disclosure Forms are on file with the Transportation Planning Division. ACTION REQUESTED: Approval of Road Impact Fee Agreement Orchid Bay Development, LLC International Drive by and between Orchid Bay Development, LLC and Orange County for Owner to construct intersection improvements to the intersection of International Drive and Westwood Blvd. extension and receive road impact fee credits for actual approved costs not to exceed $74,000. District 1 Attachments JEHIHEGB:rep
123
Prepared by and arler recording return 10:
Attn: A. Tom Harb Orchid Bay Development, LLC 7932 W. Sand Lake Road, Suile J02 Orlando, FL 32819
Tax Parcel J.D. No.: 13-24-28-6283-00-150
ROAD IMPACT FEE
AGREEMENT
ORCHID BAY DEVELOPMENT, LLC
INTERNATIONAL DRIVE
This Road Impact Fee Agreement (the "Agreement'), effective as of the latest date of execution (the "Effective Date"), is made and entered into by and between Orchid Bay Development, LLC, a Florida limited liability company ("Developer "), whose mailing address is 7932 W. Sand Lake Road, Suite 102, Orlando, FL 32819 and Orange County, a charter county and political subdivision of the State of Florida ("County"), whose mailing address is c/o Orange County Administrator, Post Office Box 1~93, Orlando, Florida 32802-1393. WITNESSETH: WHEREAS, Developer is the owner of fee simple title to certain real property, as shown in the project location map identified as Exhibit "A", and as more particularly described on "Exhibit B" (legal description), both of which are attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, Developer is developing the Property as a mixed use project (the "Project"); and WHEREAS, Developer is willing to make certain traffic signal and related facilities improvements ("Improvements"), as shown on Exhibit "C", attached hereto and incorporated herein, and as further identified therein as Developer's Responsibilities, at the intersection of
124
Road Impact Fee Agreelllent Orchid Bay Development, LLC 2013 Page 2 of 10
Westwood Blvd, and Intemational Dr. in return for credits against road impact
to be paid in
the future in connection with the Project; and
WHEREAS, the Orange County Engineer has declared International Dr. to be
3n
impact
fee eligible roadway; and WHEREAS, County and Developer desire to set [0I1h certain terms, conditions, and agreements between the palties as to the Improvements. NOW, THEREFORE, Developer and County (the "Parties") agree as follows:
Section 1.
Recitals.
The above recitals are true and correct and are incorporated
herein by this reference,
Section 2. (a)
COllnty Obligations & Construction ofImprovements by Developer.
Improvements and Easement,
Within one hundred eighty (180) days from the
effective date of this Agreement, the County shall deterrnine whether the Improvements can be constructed within the right of way owned by the County or the County shall make reasonable effOlts to obtain, at its sale cost and expense, an easement ("Easement") as generally depicted on Exhibit "D", attached hereto and incorporated by this reference. Once the County has either determined the Improvements can be constmcted within the right of way owned by the County, or has obtained the Easement, as the case may be, it will then make reasonable efforts to complete all of the designs and plans referenced on Exhibit "e", attached hereto and incorporated by this reference, and as therein identified as the County's Responsibilities, Upon completion of such designs and plans, the County shall deliver such County pennit to Developer to constlUct the Improvements. Upon receipt of a pennit, the Developer shall within one hundred eighty (180) days cause, at its initial sole cost and expense, the Improvements to be completed within the land area of said Easement and or right of way owned by the County, as the case may be.
2
125
Road Impact Fee Agreement Orchid Development, llC 2013 Page 3
(b)
Procedure. Developer shall pay the costs associated with the completion of the
Improvements. County shall be designated a third-party beneficiary in any and all contracts related to construction of the Improvements. 111 that regard, the Developer's construction contract will be submitted to the County for review. Within ten (10) working days of its receipt of the Developer's construction contract, the County shall either (i) grant its approval of the construction contract, in which case the Developer shall initiate construction of the Improvements, or (ii) not grant its approval of the construction contract and provide its written cOllli11ents for not granting its approval, in which case, the Developer may defer
construction
of the Improvements until a final approval of the construction contract is granted by the County. (c)
Value of Improvements. The value of the Improvements has been determined in
accordance with Chapter 23, Orange County Code, as may be amended from time to time. The Pm1ies hereby agree that the estimated value of the Improvements, along with a cost allowance, based upon the anticipated costs to be expended by the Developer as described on Exhibit "E", attached hereto and incorporated herein by reference (the "Cost Estimate"), in return for credits against road impact fees to be paid in the future in connection with the Project, is $56,178.85, but shall not exceed the sum of $74,000.00 .. Impact fee credits shall be awarded for actual, reasonable costs incurred by Developer, not to exceed the Cost Estimate. Notwithstanding the foregoing provision, Developer shall obtain approval from the County for any cost above the Cost Estimate prior to initiating construction of the Improvements.
Sectioll 3.
Invoicing and Road Impact Fee Credits. Upon completion of the
Improvements, Developer shall invoice County, including any supp0l1ing documentation required by the County. Promptly upon County's review, inspection, approval and acceptance of the Invoice and Improvements, County shall credit on its books to the account of Developer, for
3
126
Road Impact Fee Agreemellt Orchid Bay Dcve1oponent, LLC 2013 ?age 4 of 10
purposes of Alticle IV of Chapter 23 of the Orange County Code and any successor code provisions (the "Impact Fee Ordinance"), the actual incUlTed and approved cost amount of road impact fee credits to which Developer is entitled under the Impact Fee Ordinance. Such road impact fee credits may only be used in road impact zone three (3). Thereafter, as impact fees become payable from time to time in connection with the Project, and if so instlUcted by Developer, County shall deduct such amounts payable fi'Om Developer's account. For pUl])oses of the foregoing, County shall make deductions from Developer's account from time to time only upon receipt of written direction from Developer (or from such person or entity to whom Developer expressly may assign this authOJity, in writing, in the future) to effect the palticular deduction. Nothing herein shall prevent Developer from assigning road impact fee credits as provided for in Section 23-95( e) of the Orange County Code, as may be amended from time to time.
Section 4.
Utilities.
This Agreement does not address utility requirements.
Developer shall coordinate with the Orange County Utilities Director, or their designee, with respect to any utility easements necessary to accommodate appropriately-sized wastewater sewer mains or lines, potable water mains or lines, and/or reclaimed water mains or lines.
Section 5.
Notice. Any notice delivered with respect to this Agreement shall be in
writing and shall be deemed to be delivered (whether or not actually received) (i) when hand delivered to the person(s) hereinafter designated, or (ii) upon deposit "of such notice in the United States mail, postage prepaid, celtified mail, return-receipt requested, addressed to the person at the address set forth opposite the party's name below, or to such other address or to such other person as the party shall have specified by written notice to the other party delivered in accordance herewith.
4
127
Road Impact Fce Agreement Orchid Bay Development, LLC 2013 Page 5 of 10
As to Developer:
Orchid Bay Development, LLC Attention: A. Tom Harb 7932 W. Sand Lake Road, Suite 102 Orlando, FL 32819
As to County:
Orange County Administrator P.O. Box 1393 201 S. Rosalind Ave Orlando, FL 32802-1393
With a copy to:
Orange County Community, Environmental and Development Services Depal1ment Manager, TranspOJiation Planning Division Orange County Public Works Complex 4200 S. John Young Parkway Orlando, Florida 32839-9205
Section 6.
Covenants Running with the Laud. This Agreement shall mn with the
Propeliy and shall be binding upon and shall inure to the benefit and detriment of the heirs, legal representatives, successors, and assigns of Developer and any person, finTI, corporation, or other entity that may become the successor in interest to the Property. Notwithstanding the foregoing, however, the authority under Section 3 to instmct County to make deductions from Developer's road impact fee account shall remain with Developer unless expressly assigned in writing to another by Developer.
Section 7.
Recordation ofAgreement. An executed original of this Agreement shall
be recorded, at Developer's expense, in the Public Records of Orange County, Florida within thirty (30) days of the Effective Date.
Section 8.
Applicable Law.
This Agreement and the provisions contained herein
shall be construed, controlled, and interpreted according to the laws of the State of Florida.
Section 9.
Time is of the Essence. Time is hereby declared of the essence to the
lawful perfonnance of the duties and obligations contained in this Agreement.
Section 10.
Further Docume11tation. The Parties agree that at any time following a
request therefor by tbe other party, each shall execute and deliver to the other p311y such fuliher
5
128
Road Impacl Fec Agreement Orchid Bay Development, LLC 2013 Page 6 of 10
documents and instruments reasonably necessary to confirm and/or effectuate 'the obligations of either palty hereunder and the consummation of the transactions contemplated hereby.
Section 11.
Limitatioll of Remedies. County and Developer expressly agree that the
consideration, in paJi, for each of them entering into this Agreement is the willingness of the other to limit the remedies for all actions arising out of or in connection with this Agreement. (a)
Limitations on County's remedies. Upon any failure by Developer to perform its
obligations under this Agreement, County shall be limited strictly to only the following remedies: (i)
action for specific performance or injunction; or
(ii)
the right to set off, against the amounts of impact fees to be
credited in favor of Developer under this Agreement, (A) any amounts due to County from Developer under this Agreement but remaining unpaid and (B) the cost to County
perfonning any
action or actions required to be done under this Agreement by Developer, but which Developer has failed or refused to do when required; or (iii)
the
withholding of development
permits
and
other
approvals or pelmits m connection with the Project and/or Property; or (iv)
any combination of the foregoing.
In addition to the foregoing, nothing in this Agreement prohibits or estops County from exercising its power of eminent domain as County may lawfully elect.
6
129
Road Impact Fee Agreement Orchid Bay Development, LLC 2013 Page 7 of 10
(b)
Limitations
017
Developer's remedies. Upon any failure by County to perform its
obligations under this Agreement, Developer shall be limited strictly to only the following remedies: (i)
action for specific performance; or
(ii)
action for injunction; or
(iii)
action for declaratory judgment regarding the rights and
obligations of Developer; or (iv)
any combination of the foregoing.
Both p311ies expressly waive their respective rights to sue for damages of any type for breach of, or default under, this Agreement by the other. Both p31iies expressly agree that each party shall bear the cost of its own attorney fees for any action arising out of or in connection with this Agreement. Venue for any actions initiated under or in connection with this Agreement shall be in the Circuit COUlt of the Ninth Judicial Circuit in and for Orange County, Florida.
Section 12.
Amendment. This Agreement may be amended only in writing, forn1ally
executed in the same maimer as this Agreement. Section 13.
COlll1terparts. This Agreeinent and any amendment(s) may be executed
in up to tlu'ee (3) counterparts, each ofwbicb shall be deemed an original and all of which shall constitute one and the same instlUment.
Section 14.
Insurance & Bonds.
Developer or its contractor shall procure and
maintain throughout the construction of the road improvements insurance with limits and terms as specified below . • Workers' compensation insurance with statutory workers' compensation limits and
110
less
than $100,000 limit for Employers' Liability with a waiver of subrogation in favor of the
County, its consultants, agents, employees and officials.
7
130
Road Impact Fec Agrccmcn: Orchid Bay Development, LLC 2013 Page 8 of 10
• Commercial general liability insurance
all operations including but not limited to
contractual, products and completed operations and personal injury with limits of not less than $1,000,000 per occurrence and an aggregate limit of at least twice the per occurrence limit. • Business automobile liability insurance for all owned, non-owned and hired vehicles with limits of not less than $\,000,000 per occurrence. The Developer shall be responsible for ensuring that each of
contractors and subcontractors of
every tier procure and maintain the insurance specified above and shall fumish to the County evidence of such insurance prior to commencement of construction. The County shall be listed as an additional insured on all insurance policies required herein, except workers' compensation, All coverage shall be primary and not contributory with any insurance or self-insurance maintained by the County. County shall be notified no less than thirty (30) days before any material change, cancellation, or non-renewal of any policy required herein. Developer/Owner(s) or its contractor shall procure payment, perf0l111ance, and walTanty bonds in the amount of the construction project. The County shall be named as a dual-obligee on all payment and perfonnance bonds. WalTanty bonds shall be assigned to the County upon completion of the project.
Section 15. Indemnification. The Developer shall cause its contractors to defend, inderrmify and hold han111ess the County, its officials and employees from and against all liabilities, claims, damages, losses, costs and expenses (including attorney's fees) arising out of or resulting from the performance of the constmction activities, provided that any such liability, claim, damage, loss, cost or expense attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the construction activities themselves) including the loss of use resulting there from and is caused in whole or in part by any act or omission of the contractor, any subcontractor, anyone directly or indirectly employed by any of
8
131
Road Impact Fcc Agreement Orchid Bay Development, LLC 2013 Page 9 of 10
them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in whole or in part by a party indemnified hereunder. Provided however, jf this Contract is deemed by a court of competent jurisdiction to be a constmction contract under Section 725.06, Florida Statutes, any obligation of the contractors to defend, indemnify or hold ham11ess the County,its officers and employees shall be limited to an obligation to indemnify and hold harmless to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the contractors and persons employed or utilized by the contractors in the perf0l111anCe of the construction activities. The indemnification provisions contained herein shall survive the tennination of this Contract.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed by their respective duly authorized representatives on the dates set f01ih below.
ORANGE COUNTY, FLORIDA By: Board of County Commissioners
By:
------------------------~
.....--~---~----
Teresa Jacobs,
Orange County Mayor
Date:
-----------------------------------
ATfEST: Mattha O. Haynie, County Comptroller As Clerk of the Board of County Commissioners By:
-------------------------Deputy Clerk
9
132
Road Impact Fce Agreemenl Orchid Gay Dcve!ojJmc:1l, LLC 2013 Page 10 of 10
ORCHID BAY DEVELOPMENT, LLC, a Florida limited liability company By: Phoenicia Development, LLC, a Florida limited liability company Its Managing member By: Harbeo Development, LLC a Florida limited liability company Its Managing Member
L Memb~~..
By: A. Tom Harb, A
~
Managing Date:,
. . ~I'-:\
. , ' -.
. ..
'.
~_~
~'i
STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me by rOth N'f1l{8 , QHCb],\b '-RA,'iDOl.IDOl'lflJ(U,(WhO is known by me to be the persQI!;aeseribecl.hereinJll}d who executed the foreOOing, this tlt)'t day of ? iL , 20 l~, S{he is personally knoWI}JD me or has produced as identification and did/did not taKeanOat~~
Iv1A N/\G l NG Iv\tJ\;\I~CK. of
PI{
WITNESS my hand and official seal in the County and State last aforesaid this ,208
ofJ:i¥:ci'L
day
Notary Public Print Name: My Commission Expires:
10
3/io /117
133
Exhibit" A" Project Location Map ~
j
4
5
6
7
8
9
10 Ij 12 l3 14 15 16 17 18
OCPA Property Map
19
20 21 22
24 25
26 27
28 29 30 31
32
34 36
37
38 39 40 41
43
44
45
46
47
48
134
EXHIBIT B - LEGAL AND SKETCH DESCRIPTION FOR PROPERTY: PAGE 1 OF 5
DESCRIPT10N: II PORll(H,j Of U\I\i: .3, LAI'!. U\YF. 2-U, idW L.'\!
. CHOr:,[I Olsr,AJJCE OF 4120l-; FEU W; HClI BEARS I·JOiHH jS'/I:)';},j" [I\';T; lHEH(:E HORiH[I\ST[i;>l Y PLor:(; ilE M(C OF 5/110 CUI'~\fE l\ DISTANCE OF ~12.'31 f'EET; (3) THEhlCE l\!()f~iH 29'/,S'/ll" [lI':';I, .II DI:;T;\llcr: ::,042 f j FEEi (4) TO II ron.)! OF CUHVATURE OF A CURVE COhIC/IV[ SOIJIHE!,SIFRt.Y Hi\VI;~G /-\ R/\GIUS OF i,8~9.8i3 FEET, A CEHTR!'L MJCL[ OF 16'~)4'L8" M~D A CflORD [lISTI\t~CE OF 54.3.91 FEET WHICH BU\F!S NORTH '~8'1/::,5" [AST; THEi.JCE NOfnltEtlSlEf~LY I\LONC THE fiRe OF S;\II) C.URVl~ /l, [)I~;TANC[ OF 51:).89 FEET; THENCE I)[P I\fnll~G SAID sou THE AS T 10;;ICI11 OF WAf 1.1i-IE SOU Til '''l'.';()'jg'' i\ST, A DIS TAIJ(I OF 2,..3.61 FEET; THE~ICE SOUIIi 46'42";0" Et.:,:;!, !\ DiSTM.JCE OF ,3'1} '>2 FEET; THEhJCE SOlJiH 42'12'08" '//E51 , /1, D:ST(l.t.)CE OF ~)tHlO FEET; THE!;JCE '30UTH 4T47'S?" [.A.ST, '\ DIST/l.IKE OF 177.00 FEEl; THEHCE S(lU1H OC),04" 8" VifS!. A D!:~TAHCE OF 76 28 FEET; THEI,ICE sou Til '12'12'08" \'iE ,A DISTNJU' OF 1,1 dS?j:) FEET; IH[t':CE ~;OUTH 4/'47'52" CAST, /.1, DIS1NKE elF 20.00 T; rH[;~C,f' i'IOfdH '1:?'i2'U2." CAsr, A [)ISTflNCE OF I,H).LtA FEEl; THENCf: SOUTH 00'04'18" WEST, A DISTANCE OF 10,19 FEET; THENCE. ::,Ol)lH '12'12'08" WEST, (0, DISL4.NCE OF 1,553..34 FEEl; THU·jCE NOF(JH 87'.3S50" \\'EST, ,1:, DISTf>.!ICE Of' 59 L') I FEEl; IHEHCT SOUTH 89'56'44" WEST, I'. DISTA!'lCE OF 457.02 F[[1 [0 THE eC!Il-JT or BEGII:HI·!(;. COHfl\if··J1I"G 5i;i3·1 ACRES (1,61)1,E17 SQUARE reU), IAORE or~ LC'S LESS AiJD UCEPT A PORT:Oi\) or Pi\RCEJ 15, ORf.d~CEW()OD HEiGHElOF:HOOD 2, .fI,CCOIWli!(; TO THE PLAT THUEUF, HE CORDED il\) PLAT 800K 17, P/,CES 81 TH!WlJGH 87, ,"-ND A PCf
.L Df~IVE. A [lIST ANCE Ol~ II B. 88 rEE 11 0 THE PO!r.! r OF' I3U;iNI·liHG; TH[HCE COI'ITiHUE ALC)l';G TilE SOUTHCA''; 1 RIGHT WAY UHF OF H,ITFHhl!lnm·I/\L DRIVE NORTH 41'46'06" [liST, A DISTl;f,ICE OF i~)O.OO FEU; rHE!-!CE l)l:,P/'.!'::TII\JG SOUIHEASi I:;;I(;HT OF WilY LINE OF INTEF;NAlIOU.c',L Di~I'jr:: SOUTH 47''::>f:,'()O'' F.'\':'" !, LW;rAH(Y OF 243.20 FEET TO 1\ POINT OF CIJlN/ITUr;E OF A cur~vE COIJU'.VE SOUTt!\vES1ERLY H/\VItIG A F:/\!JIUS Of 6'18.00 FEU, A CEHTf
or
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EXHIBITC
I-Drive and South Westwood Boulevard Intersection
Upgrade
County Responsibilities 1. Obtain Easement or designate land area of right of way owned by County, as case may be.
2. Provide plans for County approvals and permits to include: a. Signalization Plan Sheet b. Mast Arm Tabulation Sheet c. Standard Mast Arm Assemblies Data Table Sheet d. Traffic Signal Miscellaneous Details Sheet e. Signing & Pavement Marking Sheet with land modifications f. Specifications package for the signal and structures 3. Obtain and evaluate existing traffic data for analysis of the intersection 4. Obtain one (1) boring at 20-ft. depth at the proposed mast arm location 5. Determine initial signal controller timings using SYNCHRO software 6. Design and provide plans and specifications for one (1) Mast Arm and Foundation
Developer Responsibilities 1. Construct one (1) Mast Arm and Foundation per County plans and specification
2. Identify and install necessary modifications to existing head locations for other approaches per County plans and specification 3. Install pavement marking per plans from County
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EXHIBIT E COST ESTIiVIATE 102-'14 Control Officer, 4 manhours at $44.25 per manhour ~ $1 522-1 Concrete sidewalk 4" thick, '17 sy at $25.45 per sy $432.65 555-1·2 Directional bore, '\ H If at $3'1.00 per If;::: $3,627,00 570-1-28 Pf:lrformance turf, 10 sy at $4.60 per sy :::: $46,00 630-1-'12 Conduit undergmund, 200 If at $7:15 If $'1,430.00 632-7-'j Signal cable, '1 at $3,335.75 $3,335.75 635-1··'1'1 Pull box, 7 ea at $279.85 ;::: $1,958.95 649-31-204 Steel mast aml assem., 'I as at $3'1,522,75 $3'1 75 650-51-3"'1 Traffic signal 3 section, 1 as at $744.00 $7iI4.00 650-51-511 Traffic signal 5 section, 1 as at $1,'165.75 $'1,165.75 653-191 Pedestrian signal, 4 at $608.75 ;::: $2,435.00 659·'\07 Aluminum pedestal, 3 ea at $1,027.75::: $3,083.25 660-1·'10'1 Loop detector inductive, 2 at $117.25;:;; $234.50 660-2-'106 Loop assernbly, 2 at $906,25 :::: $1,B-, 2,50 665"'11 Pedestrian detector, 4 at $'125,00:::; $500.00 670-5-4'10 Modify controller, 1 at $786.25 = $786.25 699-1w'!A 1I1uminatod street sign, 1 at $2,887.50 $2,887.50
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I. CONSENT AGENDA COMMUNITY, ENVIRONMENTAL AND DEVELOPMENT SERVICES DEPARTMENT
3
Interoffice Memoranaum
QQYERXj;'I~YT
AGENDA ITEM
FCO!1IDA
April 22, 2013 TO:
Mayor eresa Jacobs
AND...:
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FROM:
SUBJECT:
, f26ntY Commissioners
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Harrison, Esq., P.E., Chairman d. ay Agreement Committee palfJ 6.5313
Ma&,L, 2013 - Consent lIem
Road Impact Fee Agreement
Pavilion at Sand Lake - Mandarin Drive Extension
The Roadway Agreement Committee has reviewed the Road Impact Fee Agreement for the Pavilion at Sand Lake Mandarin Drive Extension ("Agreement") among IA Orlando Sand, L.L.C., Fourth Quarter Properties 129, LLC,· and Universal City Property Management III LLC (collectively "Owners") and Orange County for the dedication of right-of-way, design and future construction of the Mandarin Drive Extension from Sand Lake Road to Universal Boulevard. The Agreement provides that the Owners will dedicate all right-of-way and easements needed for the future Mandarin Drive Extension four-lane divided urban roadway at no cost to County. Owners will design, engineer, mitigate and permit the improvement at no cost to County. Construction of the connecting segment from Sand Lake Road to Universal Boulevard will be through the E permit process. The Owners will receive 100% road impact fee credits for the actual reasonable costs for construction. Road impact fee credits are typically provided in the value of "excess capacity" created, per Orange County Code. However, County Code Sec. 23-95(a)(3) also provides that the Board may consider a different methodology for significant transportation facilities or systems. The proposed Mandarin Drive project is significant to the area because of the additional connectivity and mobility it will provide in the tourism district of Orange County. The value of the conveyed right-of-way and design costs, which are not impact fee creditable under this agreement, are a significant portion of the overall project costs and form the basis for this public/private partnership. This approximates the value of "excess capacity" and provides a financially equitable method of allocating costs.
144
Page Two May 14, 2013 - Consent Item Road Impact Fee Agreement Pavilion at Sand Lake - Mandarin Drive Extension
The Roadway Agreement Committee approved the Road Impact Fee Agreement for Pavilion at Sand Lake Mandarin Drive Extension on September 5,2012. The Specific Project Expenditure Report and Relationship Disclosure Forms are on file with the Transportation Planning Division.
ACTION REQUESTED: Approval of Road Impact Fee Agreement Pavilion at Sand Lake Mandarin Drive Extension by and among IA Orlando Sand, L.L.C., Fourth Quarter Properties 129, LLC, and Universal City Property Management III LLC and Orange County for the dedication of right-of-way and design at no cost to the County with construction of Mandarin Drive Extension from Sand Lake Road to Universal Boulevard by Owners for 100% road impact fee credits. District 6
Attachments JEHIHEGB:rep
145
Prepared by and after rccording rcturn to: Craig Langley, Esq. Broad and Cassel 390 North Orange A venue Suite 1400 Orlando, FL 32801
Tax ParceII.D.'s:
31-23-29-0000-00-007, 31-23-29-0000-00-008, 31-23 -29-0000-00-0 14, 06-24-29-0000-00-004, and 36-23-28-0000-00-014
ROAD IMPACT FEE AGREEMENT
PA VILION AT SAND LAKE MANDARIN DRIVE EXTENSION
This Road Impact Fee Agreement (the 'Agreement') is made and entered into by and among IA ORLANDO SAND, L.L.c., a Delaware limited liability company ("IA"), whose mailing address is 2901 Butterfield Road, Oak Brook, Illinois, 60523; FOURTH QUARTER PROPERTIES 129, LLC, a Georgia limited liability company ("FQP129"), whose mailing address is 45 Ansley Drive, Newnan, Georgia 30263; and UNIVERSAL CITY PROPERTY MANAGEMENT III LLC, a Delaware limited liability company ("UCPM"), f/kJa Universal City Property Management Company III, a Delaware corporation, whose mailing address is 9751 Universal Boulevard, Orlando, Florida 32819 and ORANGE COUNTY, a charter county and political subdivision of the state of Florida ("County"), whose mailing address is clo Orange County Administrator, Post Office Box 1393, Orlando, Florida 32802-1393. lA, FQP129 and UCPM !TRy sometimes be collectively referred to herein as 'Owners" and individually as an
4S29·9B79-9107. n 33357/0022
146
Road Impact Fee Agreement Pavilion at Sand Lake Mandarin Drive Extension
"Owner," County, lA, FQP129 and UCPM are referred to herein collectively as the 'Parties" and individually as a "Party", WITNESSETH: WHEREAS, IA is the Owner of fee simple title to certain real property, as shown in the project location map identified as Exhibit "A" and as more particularly described on Exhibit "B-1", both of which are attached hereto and incorporated herein by this reference (the 'IA Property"); WHEREAS, UCPM is the Owner of fee simple title to certain real propelty included within the Pavilion at Sand Lake PD boundary (Pond 1) as more palticularly described on Exhibit "B-2"(the "Pond Property"); WHEREAS, the IA Property is vested for consistency and COITun'ency and has been issued that certain Vested Rights Certificate No, 06-304 dated January 12,2007; WHEREAS, FQP129 and UCPM are the owners of fee simple title to certain real propelty located near the Phase V Expansion of the Orange County Convention Center, including pOltions of the Universal Boulevard PD, as shown in the project location map identified as Exhibit "A", and as more particularly described on Exhibits "B-3" and
"B-4~';
(respectively, the "FQP129 Property" and the "UCPM Property"); WHEREAS, notwithstanding the fact that the IA Propelty has direct access from Sand Lake Road, IA is willing to participate as a Patty to this Agreement because it recognizes that it will benefit if a connection from Sand Lake Road to Universal Boulevard is constructed;
2 4829.9879·9101,13 33357/0022
147
Road Impact Fee Agreement Pavilion at Sand Lake Mandarin Drive Extension
WHEREAS, FQP129 and UCPM have determined that construction and maintenance of the "Mandarin Drive Extension" (as herein defined) extending Mandarin Drive on the south side of Sand Lake Road to Universal Boulevard at a point across from the intersection of Universal Boulevard and Via Mercado, are desirable; WHEREAS, County has determined that the Mandarin Drive Extension (Sand Lake Road to Universal Boulevard) is necessary and desirable for the benefit of its roadway system in this economically significant part of Orange County in an effort to provide efficient movement of traffic; WHEREAS, Owners are willing to convey, or cause to be conveyed, without additional consideration, to County the right-of-way described in Exhibit "C" attached hereto and incorporated herein, as may further be refined during the design, engineering and pennitting, (the
"Mandarin Drive ROW'), for the Mandarin Drive Extension pursuant to and in accordance with the terms of this Agreement; WHEREAS, the Orange County Engineer has declared the Mandarin Drive Extension to be an impact fee eligible roadway; and WHEREAS, County and Owners desire to set forth herein certain terms, conditions, and agreements among the Parties regarding the right-of-way to be dedicated by Owners, roadway. improvements to be constructed by Road Developer (as hereinafter defined), and impact fee credits to be awarded to Road Developer. NOW, THEREFORE, Owners and County agree as follows:
3 4829·9879·9107.13 33357/0022
148
Road Impact Fee Agreement Pavilion at Sand Lake Mandarin Drive E>.iension
Sectioni.
Recitals. The above recitals are true and correct and are incorporated
herein by this reference.
Section 2.
Convevance of Right-ofWav.
The alignment of the Mandarin Drive
Extension is generally depicted on Exhibit "D" attached hereto and incorporated berein by reference (the 'Road Alignment Sketch"). For the purposes of this Agreement, the Mandarin Drive Extension shall be divided into the following four sections: "Section One" shall extend from Sand Lake Road to the southern boundary of the Pavilion Planned Development; "Section Two" shall extend from the southern terminus of Section One to the future intersection with the extension of Kirkman Road; "Section Three" shall extend from the western tenninus of Section Two to the western boundary of the Lockheed Martin property; and "Section Four" shall extend from western tenninus of Section Three to the proposed intersection with Universal Boulevard. Owners shall convey, or cause to be conveyed, to County the Mandarin Drive ROW. Notwithstanding anything in this Agreement to the contrary, to aecommodate Lockheed Martin security requirements, the Mandarin Drive ROW in Section Three may be reduced to no less than ninety (90) feet wide consistent with typical cross section provided in Exhibit "E-l" and transitioned back to one hundred (100) feet wide outside of Section Three. The conveyance of the Mandarin Drive ROW shall occur as soon as reasonably possible following completion of the design of the Mandarin Drive Extension, or portion thereof, and review and approval of the design by the County Engineer or his/her designee, unless the right-of-way for the Mandarin Drive Extension, or portion thereof, has been previously conveyed to and accepted by the County either by deed or by plat in accordance with the terms of this Agreement. Notwithstanding 4 4829·9879·9107.13 33,5710022
149
Road Impact Fee Agreement Pavilion at Sand Lake Mandarin Drive Extension
anything in this Agreement to the contrary, at the election oflA, FQP129, or UCPM, each as to its respective portion of the Mandarin Drive ROW, the right-of-way for any pOliion of the Mandarin Drive Extension may be dedicated to County by plat.
Section 3.
Conveyance and Use o(Easements.
Conveyance and Use of Easements. lA, FQP129, and UCPM, as applicable, shall also convey to County, an easement or easements over any stormwater drainage areas and facilities that will be located outside the Mandarin Drive ROWand that will be used exclusively or partially for drainage from the Mandarin Drive Extension
(collectively, the "Drainage
Easements" and individually, a 'Drainage Easement") as well as non-exclusive easement or easements for multi-purpose paths and utilities that will be located outside the Mandarin Drive ROW (collectively, the 'Multi-Purpose PathfUtility Easements" and individually, a 'MuWPurpose PathfUtility Easement") and non-exclusive easement or easements necessary for construction of the Mandarin Drive Extension (e.g., slope and temporary construction easements).
The Drainage Easements, Multi-Purpose PathlUtility Easements, and necessary
slope/temporary construction easements are collectively referred to herein as the "Easements". Owners may elect to design stormwater management ponds for the Mandarin Drive Extension to be co-located with Owner's ponds, in which case the applicable Owner shall be responsible for all pond maintenance. Owner shall retain the right to design, relocate, reconfigure, or expand, at its sale cost and expense, all such drainage areas, subject to County's approval of the design of such relocation, reconfiguration, or expansion, and provided the same has no material adverse impact upon drainage from the Mandarin Drive Extension.
5 4829·9879·9107.13
3335710022
150
Road lmpact Fec Agreement Pavilion at Sand Lake Mandarin Drive Extension
Section 4. (a)
Refinement orLegai Descriptions.
Right-of-Way. The right-of-way widths and alignment for the Mandarin Drive
Extension are as provided in Exhibits
"e" and
"D". The right-ot:way for the Mandarin Drive
Extension is approximately one hundred feet (100') wide [ninety feet (90') wide in Section Three] and has been designed to be sufficient to accommodate a four- Jane divided urban section. Any changes in the Mandarin Drive ROW conveyances shall be processed for approval by Orange County Real Estate Management Division following review and approval of the design by the County Engineer or his/her designee. The Road Developer (as hereinafter defined) shall coordinate with the County Engineer or his/her designee to refine the location of Easement area(s) for the Mandarin Drive Extension. Owners, the County Engineer, and the County's Real Estate Management Division Manager or hislher designee shall agree, in advance of the conveyance, on the fOlm of the documents that will be used to convey the right-of-way and Easements. (b) TyPical Cross Section. Typical cross sections for the Mandarin Drive Extension are attached hereto and incorporated herein as Exhibits "E-l" and "E-2".
Section 5.
Conveyance orLand to County bv Deed.
(a) Lands to be Conveyed. As soon as reasonably practical following completion of the design and review and approval of the design by the County Engineer o~ his/her designee, lA, FQP129, and DCPM, each to its respective pOliion of the Mandarin Drive ROW, shall deliver to County, deeds conveying marketable fee simple title to the Mandarin Drive ROW. Owners shall
6 4829·9879·9J01,13 33357/0022
151
Road lmpact Fee Agreement Pavilion at Sand Lake Mandarin Drive Extension
also deliver to County any Easements associated with the Mandarin Drive Extension that will not be included in the right-of-way conveyance. Nothing herein shall be deemed to prohibit Owner(s) from electing to conveyor dedicate any portion of the Mandarin Drive Extension constructed for their respective developments in advance of conveying the remaining portions thereof necessary to complete the Mandarin Drive Extension from Sand Lake Road to Universal Boulevard, subject to compliance with all the requirements in this Section 5 and approval and acceptance by County and provided that construction of such advanced segments (the "Advanced Segments") shall conform to all applicable County standards and shall not be impact fee eligible as provided in Section 8. (b) Procedure. In the event an Owner elects to proceed with the conveyance of its respective portion of the Mandarin Drive ROW by deed, the right-of-way shall be conveyed by special warranty deed, free and clear of all liens and encumbrances other than those matters of record that are acceptable to County. The Easements shall be conveyed in substantially the same form attached hereto as Exhibit "F", (Multi-Purpose PathJUtility Easements), Exhibit "G" (Drainage Easements), Exhibit "H"
(Temporary Construction Easements), and Exhibit "I"
(Slope Easements) and shall be free and clear of all liens and encumbrances other than those matters of record acceptable to County. (c) Costs and Taxes. Ad valorem taxes in connection with the conveyance of the rightof-way to be conveyed shall be prorated as of the date of transfer of title, and the prorated amount shall be paid by the applicable Owner, each as to its respective portion of the Mandarin Drive ROW, to the Orange County Tax Collector, in escrow, pursuant to Section 196.295,
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Florida Statutes, unless such conveyance occurs between November 1 and December 31, in which case ad valorem taxes shall be JXlid in full by the applicable Owner for the year of the conveyance. Owners, each as to its respective portion of the Mandarin Drive ROW, shall pay the cost of recording the deeds conveying the right-of-way, the cost of recording any Easement, the cost of any documentary stamps associated with any deed or Easement, and any cost necessary to clear title. Cd) Title Policy.
Not less than thirty (30) days prior to conveyance to County, the
applicable Owner, each as to its respective portion of the Mandarin Drive ROWand/or Easements, shall deliver to County commitments to issue an Owner's Policy of Title Insurance naming the County' as the insured (the "Commitment") for the applicable portion of the Mandarin Drive ROWand/or Easements being conveyed. County shall not bear any cost or expense for any title commitment or for any Owner's Policy of Title Insura.nce. Owners, each as to its respective portion of the Mandarin Drive ROWand/or Easements, shall delivcr to County an original Owner's Policy of Title Insurance (the 'Title Policy") for the applicable portion of the Mandarin Drive ROWand/or Easements conveyed within thirty (30) days following the conveyance of a paliicular Easement and/or applicable portion of the Mandarin Drive ROW. (e)
Environmental Audit. Not less than thirty (30) days prior to conveyance, the
applicable Owner shaH submit to County a current (within 6 months of conveyance to County) Phase I environmental audit of the applicable portion of the Mandarin Drive ROWand the applicable Easements. The Phase I environmental audit shall be conducted in accordance with the requirements of the All Appropriate Inquiries Final Rule, or with the standards set f011h in
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the American Society for Testing and Materials (ASTM) E J 527-05. In the event the Phase I environmental audit presents a matter of concern, as determined by County, then prior to the conveyance, the applicable Owner shall submit to County a Phase II environmental audit. If the Phase II environmental audit reveals the need for remediation to the applicable portion of the Mandarin Drive ROWand/or Easements, one of the following events shall occur: (i) applicable Owner and/or responsible party shall remediate the applicable Mandarin Drive ROWand/or Easements to County's satisfaction prior to the conveyance; or (ii) applicable Owner and/or responsible party and County shall negotiate and enter into a separate agreement to address remediation of the applicable Mandarin Drive ROWand/or Easements, as applicable, to County's satisfaction; or (iii) County may terminate this Agreement at its option.
(f)
Compliance with Section 286.23, Florida Statutes.
Owners, each as to its
respective portion of the Mandarin Drive ROWand/or Easements, shall execute and deliver to County the "Disclosure of Beneficial Int.erests" required pursuant to section 286.23, Florida Statutes.
Section 6.
Design, Engineering. and Permitting.
The design, engineering, and
permitting ("DE&P") for the Mandarin Drive Extension shall comply with all applicable County, State and Federal roadway design standards and requirements. This agreement does not address utility requirements. Road Developer shall coordinate with the Orange County Utilities Director, or their designee, with respect to any utility easements necessary to accommodate appropriately-sized wastewater sewer mains or lines, potable water mains or lines, and/or reclaimed water mains or lines. The DE&P shall not be required to include landscaping beyond
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County standards, street lighting, or accommodation for future street lighting. In the event that landscaping and/or street lighting are included in the DE&P and are subsequently installed, an MSBU must be established to fund the maintenance costs of the enhanced landscaping andlor street lighting associated vvith the Mandarin Drive Extension. Road Developer (as hereinafter defined) shall coordinate with the County Engineer or his/her designee regarding all aspects of the DE&P for the Mandarin Drive Extension. The DE&P work shall be subject to County's reasonable review and approval in accordance with County standards. The Parties agree that the Mandarin Drive Extension may be pennitted as an E-Project, allowing construction plans to be submitted and reviewed separately from project development plans. Notwithstanding the foregoing, nothing in this Agreement shall be deemed to prohibit an Owner from electing to conduct DE&P for one or more Advanced Segments associated with its respective development and obtain County review of same in conjunction with review of the Owner's proposed development plan.
Section 7.
Construction.
(a) Road Developer. Nothing herein shall be deemed to prohibit Owner(s) from electing to construct Advanced Segment(s) desired or necessary for their respective developments in advance of constructing the remaining p0I1ion(s) of the Mandarin Drive Extension necessary to complete the road from Sand Lake Road to Universal Boulevard, provided that construction of the Advanced Segment(s) shall conform to all applicable County standards, local, state and federal laws, statutes and regulations and shall not be impact fee eligible as provided in Section 8.
Construction of the Mandarin Drive Extension shall conform to the approved plans and
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penn its and to all applicable County standards, local, state and federal laws, statutes and regulations. At such time as lA, FQP129, or UCPM infol1ns the County in writing that it intends to proceed to construct all of the Mandarin Drive Extension or all remaining portions thereof (excluding any Advanced Segments previously constructed), such that the Mandarin Drive Extension will become a continuous roadway cOlmecting Sand Lake Road with Universal Boulevard, that Owner shall be deemed to be the 'Road Developer" and shall have the right to and shall be obligated to construct the entire Mandarin Drive Extension (or remainder thereof) in accordance with the terms and conditions of this Agreement. The Road Developer shall ensure the construction contract for the Mandarin Drive Extension (or remainder thereof) shall contain the insurance and indemnification provisions set forth in Exhibit "J". (b) Completion Date.. The Road Developer shall select the contractor and shall exercise good faith efforts to open the Mandarin Drive Extension to vehicular traffic within twenty-four (24) months after the commencement of construction of the Mandarin Drive Extension (exclusive of the Advanced Segments, if any) ("Completion Date") but Road Developer shall not be required by County to incur any delay expenses, such as an acceleration premium to the construction contractor. In the event the Mandarin Drive Extension is not, or will not reasonably be expected to be, open to vehicular traffic by the Completion Date, County and Road Developer agree to meet and negotiate in good faith to extend the Completion Date. Upon completion of the Mandarin Drive Extension as evidenced by issuance of the certificate of completion and compliance with the requirements of Section 11 and the expiration of the 1- year warranty period,
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County shall accept the Mandarin Drive Extension and shall be responsible for the entire cost of maintenance, repair, expansion, and replacement thereof, excepting those costs associated with enhanced landscaping and street lighting as described in Section 6. (c)
Construction Costs.
The Parties acknowledge and agree that the estimated
construction costs are set forth in Exhibit "K", attached hereto and incorporated herein by this reference (the "Construction Cost Estimate"). For the purposes of this Agreement, the term "Construction Costs" shall mean and refer to the actual and reasonable costs incun'cd by Road Developer for construction of the Mandarin Drive Extension as agreed upon by Road Developer and 'County subject to County's review and approval. Construction Costs shall not include any extraordinary costs or expenses associated with treatment, handling or testing due to impacted soil, surfacewater or groundwater (e.g., laboratory analytical costs for dewatering beyond that normally required to permit such activity) and Road Developer shall be solely responsible for such extraordinmy costs or expenses. Construction bids shall be submitted for County's review and approval prior to any impact fee credit-eligible activity.
Construction bids or actual
construction costs and fees for the Mandarin Drive Extension in excess of one hundred ten percent (110%) of the Construction Cost Estimate or any portion thereof as delineated in Exhibit
K shall be subject to approval by the Board of County Commissioners. Cd) Indemnification.
Road Developer agrees to defend, indemnify, and hold harmless
the County, its officials, agents, and employees from and against any and all claims, suits, judgments, demands, liabilities, damages, cost and expenses (including attorney's fees prior to and on appeal) for personal injury, bodily injury, death, or propeliy damage of any kind or nature 12 4&29·9879,9107.13
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whatsoever, arising out of or caused by any act or omission relating to construction of the Mandarin Drive Extension on County property by Road Developer or its agents or employees, excepting those acts or omissions arising out of the willful or negligent acts or omissions of the County or its agents or employees.
Cd)
Cooperation.
The Parties shall exercise reasonable diligence to cooperate
throughout the term of this Agreement to ensure that the design and construction of the Mandarin Drive Extension proceeds in accordance with the time period set forth herein. The Parties shall fmiher make themselves available for meetings with design professionals, consultants, and contractors as reasonably necessary given each Patiy's particular role or responsibility.
Section 8.
Eligibility (or Impact Fee Credits.
Owners shall not be eligible for
impact fee credits for dedication of the Mandarin Drive ROWand/or Easements, as applicable, or for the DE&P of the Mandarin Drive Extension. Owners shall not be eligible for impact fee credits for construction of Advanced Segments of the Mandarin Drive Extension.
Road
Developer shall be eligible for impact fee credits for one hundred percent (100%) of the actual reasonable Construction Costs incurred by Road Developer for construction of the Mandarin Drive Extension (exclusive of any Advanced Segments) not to exceed one hundred ten percent (110%) ofthe Construction Cost Estimate or any pOltion thereof, as shown in Exhibit K without approval by the Board of County Commissioners. Any portion of the Mandarin Drive Extension that is commenced prior to the Effective Date of this Agreement shall
110t
be eligible for impact
fee credits.
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Section 9.
Request [or Credits, Grant o[Credits.
(a) Grant of Road Impact Fee Credits [or Road Construction. County shaH reimburse Road Developer, in transportation impact fee credits, for all approved, actual reasonable Construction Costs incurred by Road Developer for the construction of the Mandarin Drive Extension (exclusive of any Advanced Segments) and due from County pursuant to this Agreement on a quarterly basis, within thirty (30) days after the following events have occurred: (1)
Receipt by County of a written reimbursement request from Road
Developer stating that it has paid those costs for which reimbursement is being requested, together with any such other documentation reasonably requested by County; and
(2)
Approval by County of the portion of construction of the Mandarin
Drive Extension for which reimbursement is requested (which shall not be unreasonably withheld, conditioned or delayed); and
(i)
request.
County may withhold up to ten percent (10%) of each reimbursement
Any amount so withheld by County shall be reimbursed to Road Developer, in
transportation impact fee credits, in full, within thirty (30) days after issuance of the certificate of completion for the Mandarin Drive Extension and completion of any outstanding conveyances required hereby.
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(ii)
In the event County has a reasonable basis to dispute a given item in a
reimbursement request, County reserves the right to request and obtain from Road Developer the cancelled check or paid invoice evidencing payment of same.
In the event a dispute occurs between Road Developer and County concerning any invoice or invoices for reimbursement as provided herein, Road Developer and County agree to cooperate in good faith to resolve the dispute. If such dispute is not resolved within thirty (30) days, then either Road Developer or County may elect to submit the same to non-binding mediation. This option to pursue mediation of a disputed invoice or invoices shall not be deemed to affect, limit or restrict Road Developer's legal right to pursue reimbursement of any disputed invoice or invoices directly through the cOUlis. (b) Alternative Method (or Obtaining Road Impact Fee Credits (or Road Construction. Road Developer, at its election, may use this Alternative Metmd for obtaining road impact fee credits in lieu of the method set f01th in Section 9(a) of this Agreement. Road Developer shall have the option of obtaining impact fee credits in an amount equal to one hundred percent (100%) of the Construction Costs specified in Section 7(c) of this Agreement, less any amount already reimbursed in credits pursuant to Section 9(a) above, upon posting with County a performance surety and payment surety, or other security instrument reasonably acceptable to the County (collectively the "Surety") in an amount equal to one hundred ten percent (110%) of the Construction Cost less any amount already reimbursed in credits pursuant to Section 9(a) above. The Surety shall remain in effect until a celiificate of completion is issued for the construction of
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the Mandarin Drive Extension. A claim against the payment and/or performance surety by the County may occur upon a construction delay by the Road Developer beyond the timeline in Section 7(b). Such a claim will be considered in oodition to other remedies. The amount of the Surety may be reduced from time to time during the progress of construction based upon the actual costs incurred at that time, in which event a substitute Surety shall be issued in an amount equal to one hundred ten percent (110%) of the remaining Construction Costs. Within thirty (30) days following County's acceptance of the Surety, County shall credit Road Developer's impact fee credit account in the amount equal to one hundred percent (100%) of the Construction Costs specified in Section 7ec) of this Agreement less any amount already reimbursed in credits pursuant to Section 9(a) above. (c) Documentation ofGrant and Use ofCredits. Once Road Developer becomes eligible for an award of road impact fee credits, County shall credit on its books to the account of Road Developcr, for purposes of Article IV of Chapter 23 of the Orange County Code (or any successor code provisions) (the 'Impact Fee Ordinance"), the aforementioned amount of road impact fee credits to which Road Developer is entitled pursuant to this Agreement. Such road impact fee credits may only be used in road impact zone #4. Thereafter, as impact fees become payable from time to time in connection with the Road Developer's project, and if so instructed by Road Developer, County shall deduct such amounts payable from Road Developer's account. For purposes of the foregoing, County shall make deductions from Road Developer's account from time to time only upon receipt of written direction from Road Developer (or from
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such person or entity to whom Road Developer expressly may assign this authority, in writing, in the future) to effect the particular deduction. Nothing herein shall prevent Road Developer from assigning road impact fees as provided for in Section
23~95(e)
of the Orange County Code as may be amended from time to
time.
Section 10. Multi-Purpose Paths. The design of the Mandarin Drive Extension shall include appropriate
multi~purpose
path interconnections. The multi-purpose path and/or utility
easement on both sides of the Mandarin Drive Extension shall be ten feet (10') wide, and if feasible they shall be within the 100 feet of right-of-way, as shown on Exhibit "E-2". If necessary, multi-purpose paths and/or utilities may be accommodated within easement(s) granted to County located adjacent to the 100 feet of right-of-way. The easements will be non-exclusive and up to ten feet (10') wide, if agreed by County and the applicable Owner. Notwithstanding the above, the multi-purpose ptth requirements within Section Three may be modified as depicted in Exhibit "E-l" to accommodate security requirements and design considerations on the Lockheed Martin propelty and the multi-purpose path requirements within Sections Two and Four may be modified as necessary to accommodate appropriate transitions and pedestrian crossings.
Section 11.
Maintenance Surety and Warranty Period. Prior to County's issuance of
a certificate of completion for the Mandarin Drive Extension (or pOliions thereof tha t have not already been accepted by County at such time), Road Developer shall provide a maintenance surety, in general accordance with the form provided in Exhibit "V' attached hereto and 17 4329·9879·9107.13 3335710022
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incorporated herein by this reference (the "Maintenance Surety"), i1 favor of County in an amount equal to ten percent (10%) of the Construction Cost, effective for a period of one (1) year from the date on which County issues a certificate of completion for the Mandarin Drive Extension.
Section 12.
Notice. Any notice delivered with respect to this Agreement shan be in
writing and shall be deemed to be delivered (whether or not actually received) (i) when hand delivered to the person(s) hereinafter designated, or (ii) upon deposit of such notice in the United States mail, postage prepaid, certified mail, return-receipt requested, addressed to the person at the address set forth opposite the party's name below, or to such other address or to such other person as the party shall have specified by written notice to the dher party delivered in accordance herewith. As to IA:
IA Orlando Sand, L.L.C.
2901 Butterfield Road
Oak Brook, IL 60523
Attn: Michael Podboy
Telecopier: (630) 954-5655
With a copy to:
Inland Real Estate Group, Inc.
2901 Butterfield Road
Oak Brook, IL 60523
Attn: General Counsel
Telecopier: (630) 281-4900
As to FQP129:
Fourth Quarter Properties 129, LLC
45 Ansley Drive
Newnan, GA 30263
Attention: Stanley E. Thomas
Telecopier: (407) 226-3218
18
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With a copy to:
Broad and Cassel
390 North Orange Avenue, Suite 1400
Orlando, FL 32801
Attention: Craig Langley, Esq.
Telecopier: (407) 254-1203
As to UCPM:
Universal City Property Management III LLC
9751 Universal Boulevard
Orlando, Florida 32819
Attention: Stanley E. Thomas
Telecopier: (407) 226-32 18
With a copy to:
Broad and Cassel
390 North Orange Avenue, Suite 1400
Orlando, FL 32801
Attention: Craig Langley, Esq.
Telecopier: (407) 254-1203
As to County:
Orange County Administrator P.O. Box 1393 201 S. Rosalind Ave Orlando, FL 32802-1393 Telecopier: (407) 836-7399
With a copy to:
Orange County Community, Environmental, and Development Services Department Manager, Transportation Planning Division Orange County Public Works Complex 4200 S. John Young Parkway Orlando, FL 32839-9205 Telecopier: (407) 836-8079
Section 13.
Covenants Running with the Land. This Agreement shall run with the IA
Propelty, the Pond Property, the FQP129 Propelty and the UCPM Property and shall be binding upon and shall inure to the benefit and burden of the heirs, legal representatives, successors, and assigns of lA, FQP129 and UCPM, as applicable, and any person, firm, corporation, or other 19 4829·9879·9101.11
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entity that may become the successor in interest to any of the described properties. Notwithstanding the foregoing, however, the authority under Section 9 to instruct County to make deductions from Road Developer's road impact fee account shall remain with Road Developer unless expressly assigned in writing to another by Road Developer.
Sectiol114.
Recordation of Agreement. An executed original of this Agreement shall
be recorded in the Public Records of Orange County, Florida within thirty (30) days of Effective Date as herein defined. Each Owner shall pay for one-third (1/3) of the recording expenses.
Section 15.
Applicable Law. This Agreement and the provisions contained herein
shall be construed, controlled, and interpreted according to the laws of the State of Fbrida.
Section 16.
Time is of the Essence. Time is hereby declared of the essence to the
lawful performance of the duties and obligations contained in this Agreement.
Section 17.
Further Documentation. The Parties agree that at any time following a
request therefor by another Party, each Party that receives the request shall execute and deliver to the Party making the request such further documents and instruments reasonably necessary to confirm and/or effectuate the obligations that are the subject of the request and the consummation of the transactions contemplated hereby.
Section 18.
Limitation of Remedies. County and Owners expressly agree that the
consideration, in part, for each of them entering into this Agreement is the willingness of the other to limit the remedies for all actions arising out of or in connection with this Agreement.
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(a)
Limitations on County's remedies. Upon any failure by TA, FQP129, or UCPM to
perfonn its respective obligations under this Agreement, County shall be limited strictly to only the following remedies: (i)
action for specific performance or injunction; or
(ii)
the right to set off, against the amounts of impact fees to be
credited in favor of Road Developer under this Agreement, (A) any amounts due to County from Road Developer under this Agreement but remaining unpaid and (B) the cost to County of perfonning any action or actions required to be done under this Agreement by Road Developer, but which Road Developer has failed or refused to do when required; or
(iii)
the withholding of development permits and other approvals or
penn its in connection with the property and/or development of the Party that has failed to perform its respective obligations under this Agreement; or (iv)
any combination of the foregoing.
In addition to the foregoing, nothing in this Agreement prohibits or estops County fi'om exercising its power of eminent domain with respect to the Mandarin Drive ROW, the related Easements, or any other portion of the IA Property, the Pond Propelty, the FQP 129 Propelty or the UCPM Property as County may lawfully elect.
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(b)
Limitations on Owners' remedies.
Upon any failure by County to perfonn its
obligations under this Agreement, Owner(s) shall be limited strictly to only the following remedies: (i)
action for specific performance; or
Oi)
action for injunction; or
(iii)
action for declaratory judgment regarding the
rights and
obligations of Owner(s); or (iv)
any combination of the foregoing.
The Parties expressly waive their respective rights to sue for damages of any type for breach of, or default under, this Agreement by another Party. The Parties expressly agree that each Party shall bear the cost of its own attorney fees for any action arising out of or in connection with this Agreement. Venue for any actions initiated under or in connection with this Agreement shall be in the Circuit COUli of the Ninth Judicial Circuit in and for Orange County, Florida. Section 19.
Force Majeure. No Party shall be liable for any delay or damage arising
out of or resulting from a strike, slowdown, lockout, act of God (including but not limited to hun-ieane, earthquake, fire, flood, tornado, or other abnormal weather conditions), inability to obtain labor or materials, war, enemy action, ten-orist attack, civil commotkm, casualty, a court order, or any other cause beyond the reasonable control of a Party. Notwithstanding any other provision of this Agreement, in the event that after the execution of this Agreement there shall have occurred any outbreak of hostilities, any national or international calamity or crisis, including a financial crisis, or any event or incident of terrorism or attack by a foreign power or 22 4819·9879-9107. \3
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terrorist group or individual, the effect of which, in the reasonable judgment of the County Mayor, would materially adversely affect the availability of funds or other revenues needed by the County to pay the cost of its obligations under this Agreement, then County may provide written notification to Owners and County's obligations under Section 9 of this Agreement shall thereupon be suspended until such time as, in the reasonable judgment of the County Mayor, (i) the outbreak of hostilities, any national or intemational calamity or crisis, including a financial crisis, or any event or incident of terrorism or attack by a foreign power or terrorist group or individual has ended, and (ii) funds or other revenues needed by the County to pay the cost of its obligations under this Agreement have been restored.
Section 20.
Counterparts.
This Agreement may be executed in up to five (5)
counterpalis, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.
Section 21.
Amendment. This Agreement may be amended only in writing, formally
executed in the same manner as this Agreement.
Section 22. Effective Date. The effective day of this Agreement (the 'Effective Date") shall be the date when the last one of the Parties has properly executed this Agreement as detennined by the date set forth immediately below their respective signatures.
[SIGNATURES CONTAINED ON THE FOLLOWING PAGES]
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IN \VITNESS WHEREOF, the Parties have caused this Agreement to be duly executed by their respective duly authorized representatives on the dates set forth below.
ORANGE COUNTY, FLORlDA By: Board of County Commissioners
Teresa Jacobs Orange County Mayor Date: _________________,20
ATTEST: Mattha O. Haynie, County Comptroller As: Clerk of the Board of County Commissioners
Deputy Clerk Date: ________________,20___
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Puvilion at Sand Lake
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IA ORLANDO SAND, L.L.c., a Delaware limited liability company By: Inland American Real Estate Trust, Inc" a Maryland corpOra~i(r~' sole member
G~'\-o-J ttL Irfr?;f;r-
By: Name: Carol M, H'offmann Its: Assistant Secretmy Date:
"'~ "<~, WITNESSES:
December 20
,20 12
,~~~~Pw~~<)
STATE OF lllinois
COUNTY OF -'D=:.-u.::::...:::..-Pa=g=e_ _ __
-------------------
SWORN and subscribed to freely and voluntarily for the purposes therein expressed before me by Carol M, HoffmalID , as Assistant Secretary of Inland American Real Estate Trust, Inc., sole member of IA Orlando Sand. L.L.c., a Delaware limited liability company, who is Imown by me to be the person described herein and who executed the foregoing, this 1_0th day of December , 20JL. SHe is personally known to me, ef-l:l.a& produced as identification and did/did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this 20th day of Decel~1ber __~.__~, 20JL. , ~--;?
'7
~o I FFICIAl SEAL"
I
TERESA llNGA Notary Public, Stale of llIinOi'
My Col1lllllnlon ExpirH 03/031201\;
__~~ ltll(0iL/~)<.7///) Notary Pllblic
(76
1
Print Name: -------Teresa ....~~--------~--.---.---My Commission
March
2016
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FOURTH QUARTER PROPERTIES 129, LLC, a Georgia limited liability company
_ _ _ _ _ _ _ _, 20 WITNESSES:
SWORN and subscribed to freely and voluntarily for the purposes therein expressed beiore me by Stanley E. Thomas, as Manager of FourthQuarter Proper1ies 129, LLC, a Georgia limited liability company, who known by me b be the person described herein and who executed the foregoing, this .drrday of])ec~ ~ 20M. He is personall ~CL..J or has produced . _ _.. . as identification and ,d/did not take an oath.
J1
WITNESS my hand and official seal in the County and State last aforesaid
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UNIVERSAL CITY PROPERTY MANAGEMENT III LLC, a Delaware limited liability company Fourth Qualter Properties XLIX, LLC, a Georgia limited liability company, its sole Member
By:
Date. _________________,20___
SWORN and subscribed to freely and voluntarily for the purposes therein expressed before me by Stanley E. Thomas, as Manager of Fourth Quarter Properties XLIX, LLC, a Georgia limited liability company, being the sole member of Universal City Property Management III LLC, a Delaware limited liability company, who is known by me to be the person described herein and who executed the foregoing, this ~ay of Dec f.t1.\ bw,"20 L.:t He is personally known to me or has produced as identification and did/did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid
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'De:, )dn:... f--U1+-tIl..;. ._-*5--
My Commission Expires:
27 4829·9879·9107.13 33357/0022
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Road Impact Fee Agreement Pavilion at Sand Lake Mandarin Drive Extension
Exhibit "B-1" Legal Description ofIA Property LEGAL DESCRIPTION: A TRACT OF LAND BEING A PORTION OF THAT CERTAIN SPECIAL WARRANTY DEED, AS DESCRIBED IN OFFICIAL RECORDS BOOK 8935, PAGE 877 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORlDA, LYING IN SECTION 31, TOWNSHIP 23 SOUTH, RANGE 29 EAST, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 31, FOR A POINT OF REFERENCE, THENCE RUN SOUTH 00°50'25" EAST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 160.01 FEET TO A POINT LYING ON THE SOUTH RIGHT-Of-WAY LINE OF SAND LAKE ROAD (STATE ROAD 482) AS RECORDED IN OFFICIAL RECORDS BOOK 235, PA GE 620 Of SAID PUBLIC RECORDS; THENCE RUN NORTH 89°49'20" EAST, ALONG SAID SOUTH RJ GHT-OF -WAY LINE, 1378.22 FEET TO THE POINT OF BEGIl\lNING; THENCE CONTINUE, ALONG SAID SOUTH RlGHT -OF-WAY LINE ACCORDING TO SAID OFFICIAL RECORDS BOOK 235, PAGE 620 AND OFFICIAL RECORDS BOOK 223, PAGE 32] OF SAID PUBLIC RECORDS, THE FOLLOWING COURSES: THENCE RUN NORTH 89°49'20" EAST, 712.32 FEET; NORTH 00°50'25" WEST, NORTH 00°11'03" WEST, 10.00 FEET; NORTH 10.00 FEET; NORTH 8:)°49'20" EAST, 563.13 89"32'07" EAST, 400.00 FEET; SOUTH 00°11'03" EAST, 10.00 fEET; NORTH 89"32'07" EAST, 2066.31 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN SPECIAL WARRANTY DEED, AS DESCRIBED IN OFFICIAL RECORDS BOOK 8935, PAGE 877 OF SAID PUBLIC RECORDS; THENCE RUN SOUTH 00°14'20" EAST, ALONG THE EAST LINE OF SAID LANDS, 987.07 FEET TO THE SOUTHEAST CORNER OF SAID LANDS; THENCE RUN NORTH 89"54'59" WEST, ALONG THE SOUTH LINE OF SAID LANDS, 1144.66 FEET TO A POINT ON A NON- TANGENT CURVE, CONCAVE TO THE NORTHWEST; THENCE RUN SOUTHWEST, ALONG SAID SOUTH LINE OF SAID LANDS AND SAID NON- TANGENT CURVE, HAVING A RADIUS OF 1196.00 FEET, A CENTRAL ANGLE OF 24°02'24", AN ARC LENGTH OF 501.81 FEET, A CHORD LENGTH OF 498.14 FEET AND A CHORD BEARlNG OF SOUTH 27°59'53" WEST; THENCE DEPARTING SAID SOUTH LINE, RUN SOUTH 89"58'14/1 WEST, 1068.34 FEET TO A POINT LYING ON THE SOUTH nNE OF SAID LANDS; THENCE RUN ALONG SAID SOUTHERLY LINE THE FOLLOWING COURSES: NORTH 00"11'03/1 WEST, 531.79 FEET TO A fOlNT LYING ON A NON TANGENT CURVE CONCAVE SOUTHERLY; THENCE RUN NORTHWESTERLY, ALONG SAID NON TANGENT CURVE, HAVING A RADIUS OF 700.00 FEET, A CENTRAL ANGLE OF 28"'27'28", AN ARC LENGTH OF 347.68 FEET, A CHORD LENGTH CF 344.12 FEET AND A CHORD BEARING OF NORTH 80°42'19" WEST; THENCE RUN NORTH 86°47'22/1 WEST NON- TANGENT TO SAID CURVE, 220.59 FEET; THENCE RUN SOUTH 82°51'29/1 WEST, 811.25 FEET TO THE SOUTHW}:ST CORNER OF SAID DESCRIBED LANDS, SAID POINT LIES ON A NON-TANGENT CURVE CONCA VE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY, ALONG THE WEST LINE OF SAID LANDS AND SAID NON· TANGENT CURVE, HAVING A RA.DlUS OF 2100.00 A CENTRAL ANGLE OF 18°0}'17", A ARC LENGTH OF 660.52 FEET, A CHORD LENGTH OF 657.80 FEET AND A CHORD BEARlNG OF NORTH 13°01'49/1 WEST TO A POINT ON A NON·TANGENT CURVE CONCAVE SOUTHEASTERLY; THENCE DEPARTING SAID WEST LINE, RUN NORTHEASTERLY, ALONG SAID NON-TANGENT CURVE, I-lAVING A RADIUS OF 465.17 FEET, A CENTRAL ANGLE OF 41°48'49/1, AN ARC LENGTH OF 339.47 FEET, A CHORD LENGTH OF 331.99 FEET AND A CHORD BEARING OF NORTH 40°35'25/1 EAST TO THE POINT OF BEGIl\'NING. 1'1-IE ABOVE DESCRIBED TRACT OF LAND LIES IN ORi\NGE, FLORIDA AND CONTAINS 94.478 ACRES, MORE OR LESS
B-1 4829-9879-9J07.13 33357/0022
175
Road Impact Fee Agreement Pavilion at Sand Lake Mandarin Drive Extension
TOGETHER WITH:
LEGAL DESCRIPTION: POND 2
A TRACT OF LAND BEING A PORTION OF THAT CERTAIN SPECIAL WARRANTY DEED, AS
DESCRIBED IN OFFICIAL RECORDS BOOK 8935, PAGE 'ifl7 OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA, LYING IN SECTION 31, TOWNSHIP 23 SOUTH, RANGE 29 EAST, DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 31,
FOR A POINT OF REFERENCE, THENCE RUN SOUTH 00°50'25" EAST, ALONG THE WEST LINE OF
SAID NORTHWEST QUARTER, A DISTANCE Of 160m FEET TO A POINT LYING ON THE SOUTH
RIGHT-Of-WAY LINE OF SAND LAKE ROAD (STATE ROAD 482) AS RECORDED IN OFFICIAL
RECORDS BOOK 235, PAGE 620 OF SAID PUBLIC RECORDS; THENCE RUN ALONG SAID SOUTH
RIGHT-OF-WAY LINE, ACCORDING TO SAID OFFICIAL RECORDS BOOK 235, PAGE 620 AND
OFFICIAL RECORDS BOOK 223, PAGE 321 OF SAID PUBLIC RECORDS, THE FOLLOWING COURSES:
NORTH 89°49'20" EAST, 2090.54 FEET; NORTH 00°50'25" WEST, Kl.OO FEET; NORTH 89°49'20" EAST,
563.13 FEET; NORTH 00°11'03" WEST, 10.00 FEET; NORTH 89°32'07" EAST, 400.00 FEET; SOUTH 00°11'03" EAST, 10.00 FEET; NORTH 89°32'07" EAST, 2066.31 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN SPECIAL WARRA~'HY DEED, AS DESCRIBED IN OFFICIAL RECORDS BOOK 8935, PAGE 877 OF SAID PUBLIC RECORDS; THENCE RUN SOUTH 00°14'20" EAST, ALONG THE EAST LINE OF SAID LANDS, 987.07 FEET TO THE SOUTHEAST CORNER OF SAID LANDS; THENCE RUN NORTH 89°54'59" WEST, ALONG THE SOUTH LINE OF SAID LANDS, 1144.66 FEET TO A POINT ON A NON TANGENT CURVE, CONCAVE TO THE NORTHWEST; THENCE RUN SOUTHWEST, ALONG SAID SOUTH LINE OF SAID lANDS AND SAID NON- TANGENT CURVE, HAVING A RADIUS OF 1196.00 A CHORD LENGTH OF FEET, A CENTRAL ANGLE OF 24°02'24", AN ARC LENGTH OF 501.81 498.14 FEET AND A CHORD BEARING OF SOUTH 27°59'53" WEST TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTHWESTERLY, ALONG SAID SOUTH LINE, AND S\ID NON-TANGENT CURVE, HAVING A RADIUS OF 1196.00 FEET, A CENTRAL ANGLE OF 18°28'41", AN ARC LENGTH OF 385.71 FEET, A CHORD LENGTH OF 384.04 FEET AND A CHORD BEARING OF SOUTH 49°15'26" WEST TO THE POINT OF TANGENCY; THENCE RUN SOUTH 58°29'46" WEST, ALONG THE SOUTH LINE OF SAID LANDS, 136.16 FEET; THENCE RUN NORTH 89°54'59" WEST, ALONG THE SOUTH LINE OF SAID LANDS, 660.26 FEET; THENCE RUN NORTH 00°11'03" WEST, ALONG 1HE SOUTH LINE OF SAID LANDS, 320.30 FEET; THENCE DEPARTING SAID SOUTH LINE, RUN NORTH 89°58'14" EAST, 1068.34 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT OF LA ND LIES IN ORANGE, FLORIDA AND CONTAINS 6.559 ACRES, MORE OR LESS
B-2 4829·9&79·9107.13 3335710022
176
Road Impact Fee Agreement Pavilion at Sand Lake Mandarin Drive Extension
Exhibit "B-2" Legal Description of Pond Property LEGAL DESCRlPTION: POND 1 A TRACT OF LAND BEING A PORTION OF THAT CERTAIN SPECIAL WARRANTY DEED, AS DESCRlBED IN OFFICIAL RECORDS BOOK 6983, PAGE 2167 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, LYING IN SECTION 31, TOWNSHIP 23 SOUTH, RANGE 29 EAST, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 31, FOR A POINT OF REFERENCE, THENCE RUN SOUTH 00°50'25" EAST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 160m FEET TO A POINT LYING ON THE SOUTH RIGHT·OF·WAY LINE OF SAND LAKE ROAD (STATE ROAD 482) AS RECORDED IN OFFICIAL RECORDS BOOK 235, PA GE 620 OF SAID PUBLIC RECORDS; THENCE RUN ALONG SAID SOUTH RIGHT·OF·WAY LINE, ACCORDING TO SAID OFFICIAL RECORDS BOOK 235, PAGE 620 AND OFFICIAL RECORDS BOOK 223, PAGE 321 OF SAID PUBLIC RECORDS, THE FOLLOWING COURSES: NORTH 89°49'20" EAST, 2090.54 FEET; NORTH 00°50'25" WEST, 10.00 FEET; NORTH 89°49'20" EAST, 563.13 FEET; NORTH 0001l'03" WEST, 10.00 FEET; NORTH 89°32'07" EAST, 400.00 FEET; SOUTH 00°11'03" EAST, 10.00 FEET; NORTH 89°32'07" EAST, 2066.31 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN SPECIAL WARRANTY DEED, AS DESCRIBED IN OFFICIAL RECORDS BOOK 8935, PAGE 877 OF SAID PUBLIC RECORDS; THENCE RUN SOUTH 00°14'20" EAST, ALONG THE EAST LINE OF SAID LANDS, 987.07 FEET TO THE SOUTHEAST CORNER OF SAID LANDS AND THE NORTHEAST CORNER OF AFORESAID SPECIAL WARRANTY DEED, AS DESCRIBED IN OFFICIAL RECORDS BOOK 6983, PAGE 2167, BEING THE POINT OF BEGINNING; THENCE RUN SOUTH 00°14'20" EAST, ALONG THE EAST LINE OF SAID SPECIAL WARRANTY DEED, AS DESCRIBED IN OFFICIAL RECORDS BOOK 6983, PAGE 2167, A DISTANCE OF 799.06 FEET; THENCE DEPARTING SAID EAST LINE, RUN SOUTH 89°46'12" WEST, 401.54 FEET; THENCE RIJN NORTH 00°14'20" WEST, 801.25 FEET TO THE NORTH LINE OF SAID fPECIAL WARRANTY DEED, AS DESCRIBED IN OFFICIAL RECORDS BOOK 6983, PAGE 2167; THENCE RUN SOUTH 89°54'59" EAST, ALONG SAID NORTH LINE, 401.55 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT OF LAND LIES IN ORANGE, FLORlDA AND CONTAINS 7.376 ACRES, MORE OR LESS
B-3 4829·9879·9107.13
3335710022
177
Exhibit "B"
Page 4 of 16
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(THIS IS NOT A SURVEY) Exhibit "B_3" FQP 129 A TRACT OF LAND L YINC IN SECTION 36, TOWNSHIP 23 SOUTH, RANCE: 28 EAST, BEING A PORTION OF BLOCK 'C PLAZA INTERNATIONAL UNIT £7GHT, ACCORDING TO THE PLAT THEREOF AS RECORDCD IN PLA T BOOK 14, PACE 138 AND A PORTfON OF BLOCK 13; PLAZA INTERNATIONAL UNIT T[N, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLA T BOOK PACES 63 AND 64 AND ALSO A PORTION THE: LANDS DESCRIBED IN OFFICIAL BOOK 5638, PAGE 35/1, ALL THE PUBLIC RECORDS OF ORANCE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
or
or
BEGIN AT THE SOUTHWEST CORNER OF SAID BLOCK 'C'; PLAZA INTERNATIONAL UNIT EIGNT. SAID POINT LIES ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLy' THENCE RUN NORTHEASTERLY, ALONG THE WEST LINE OF SAID BLOCK "C'AND ALONG SAID NON- TANGENT CURVE. HA VlNC.A RAOiuS OF 2732.50 FEET, A CENTRAL ANGLE OF 01'34'1/'; AN ARC LENGTH OF 74,86 FEET, A CHORD LENGTH OF 74.85 FEET AND A CHORD BEARING OF NORlH 12'36'57" EAST TO A POINT ON THE PROPOSED SOUTH RIGHT-OF WA Y UNE' OF MANDARIN DRIVE. ACCORDING TO OFFICIAL RECORDS BOOK 8758, PACE 2934 AND OFFICIAL RECORDS BOOK 8758, PACE 3002 OF SAID PUBLIC RECORDS: THENCE RUN SOUTH 75'33'08" EAST, ALONG SAID PROPOSED SOUTH RIGHT-Or-WAY UNE; 60.30 FeET TO THE POINT OF CUR VA rURE OF A CURVE CONCA VE SOuTHWESTERL l'; THENCE RUN SOUTHCAST£RL Y, ALONG SAID PROPOSED SOUTH RIGHT-OF-WAY UNE AND SAID CURVE. HAVING A RADIUS 0.' 115000 FEET, A CENTRAL ANGLE OF 26:32'55'; AN ARC LENGTH OF 532,87 FEET, A CHORD LENGTH OF 528. fI FCU AND A CNORD BeARING OF SOUTH 62'16'4r EAST TO A POINT L YINC ON THE WESTER! Y UNE OF TNAT CERTAIN WATER DRAINACE AGReeMeNT, ACCORDING TO OFFICIAL RECORDS BOOK 6159, PAGE 19.36, OFFICIAL RECORDS BOOK 6160, PAG£ 4607 AND OFFICIAL RECORDS BOOK 6983, PAGE 2192 OF SAID PU8L1C RECORDS, SAID POINT LIES ON A NON- TANGENT CURVE: CONCA VE: NORTH£ASTERL y" THENCE RUN SOUTHEASTERL Y,
ALONG SAID WESTCRL Y LINE AND SAID NON- TANGENT CURVE. HA VlNG A RADIUS OF
753.00 FEET, A CENTRAL ANGLE OF 12'11'08'; AN ARC LENGTH OF f60.15 FEn; A CHORD LCNGTH OF 159.85 FEET AND A CHORD BEARING OF SOUTH 13'05'02" EAST TO A POINT LYING ON THE NORTHERLY LIN£: OF THAT CERTAIN REPLACEMENT RETENTION POND EASEMENT, ACCORDING TO OFFICIAL RECORDS BOOK 6159, PAGE 1936 AND OFFICIAL
RECORDS BOOK 6160, PACE 4607 OF SAID PUBLIC RECORDS; THENCE RUN
SOuTH 90VO'00· WEST; ALONG SAID NORTHERL Y LIN£' 68.57 FEET; THENCE DEPARTING
SAID NORTHERL Y UNE:, RUN SOUTH OOUO'OO" EAST; 50.02 FEET TO A POINT ON THE
WESTERL Y LINE OF SAID REPLACEMENT RETENTION POND EASEMENT; THENCE RUN
ALONG SAID WE'SrERL Y LINE' THE FOLLO"'lNG COURSES: SOUTH /3'30'19" EASr. 302.65 FEET; SOUTH 23'50'30" EAST, 38056 FEET,' THENCE DEPARTING SAID WESTER! Y LINE, RUN SOUTH 24"00'31" EAST, 50.38 FEET TO A POINT LYING ON THE AFORESAID WESTERLY LINE:, SAID POINT LYING ON A NON-TANGENT CURVE: CONCAVE: NORTHEASTERLY.' THENCE RUN SOUTHEASTERL Y. ALONG SAID WESTERL Y AND SAID NON- TANGENT CURVE. HA VINe A RADIUS OF 645,00 FEET, A CENTRAL ANGLE OF 07'17'08'; AN ARC LENCTH OF 82,02 FEET, A CHORD LCNGTtI OF 81,96 FEET AND A CHORD BEARING OF SOUTH 28:34'45" EAST TO A POINT ON THE NORTHERLY UNE OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 8891, PACE 803 OF SAID PUBLIC RECORDS; THENCE RUN SOUTH 53'26'13" WEST. ALONG SAID NORTH£RlY UN£, NON-TANGENT TO SAID CURVE:, 362,08 F[ET.' THENCE RUN SOUTH 89'29'12" M:Sr. ALONG SAID NORTH UNE:, 480.89 FEU TO TH£ NORTHWEST CORNER OF SAID LANDS ALSO BONG A POINT ON THE EAST LINE OF BLOCK 'C"OF SAID PLAZA INTERNATIONAL UNIT TEN; THENCE RUN NORTH 01'32'0.)" WEST, ALONG SAID EAST UNE:, 94,70 FEE'T TO THE NORTHEAST CORNER OF SAID 8LOCK '\;;''; THENCC RUN SOUTH 88'30'00" WEST, ALONG THE NORTH UNE OF SAID BLOCK "C~ 24,31 FEU TO A POINT ON THE WEsr LINE OF SAID BLOCK "8~ PLAZA INrERNA TlONAL UNIT TEN, SAID POINT LII:S ON A NON-TANGENT CURVE CONCAVE: SOUTHWESTERLY: THENCE RUN NORTHWESTERL Y. ALONG SAID WEST LINE AND SAID NON- TANGENT CUR\!£. HAVING A RADIUS OF 319/,80 F£E:r, A CENTRAL ANGLE OF 06'17'27'; AN ARC LENGTH OF 350,45 FEET, A CHORD LENGTH OF 350,27 FEU AND A CHORD BEARING OF NORTH 04'38'40" WEST TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE: EASTERL y;' THENCE RUN NORTHERL Y. ALONG SAID WEST LINE AND SAID CURVE. HA VlNG A RADIUS OF 2732,50 FEET, A CENTRAL ANGLE OF 19'37'15': AN ARC LENGTH OF,935.74 FE.ET, A CHORD LENGTH OF 93U7 FEET AND A CHORD BEARING O F ' ; " ; ' " ' ' ' ' ' ' NORTH 02'01'14" EAST TO THE' POINT OF BEGINNING, THE ABOVE DESCRIBE:O TRAcr OF LAND UES IN ORANGE COUNTY, FLORIDI;
CONTAINS 19,807 ACR[S MORE OR LESS, ,; .,
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FLORI GISTRATION NO;"4044" PROFESSIONAL ENGINEERING CoNSUL TANTS, INC. CER TlFICA TE OF AUTHORIZA TlON NO. L8-3556 DAT[ OF SIGNATURE: 12-18-/2
SEE SHEET 3 OF 3 FOR SKETCH SEE SHCET 2 OF .J SURVEYOR'S NOTES LINE TABLE, CURVE TABLE AND LEGEND.
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'ECTIONS JI 8 Jl. TOWNS/fIP 2J SOUTH. RANGE 29 EAST 8 SECTIONS 586, TOWNSHIP 24 SOUTH. RANGE 29 EAST DA TE:
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PREP BY:
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DRAWN BY:
Page 6 of 16
T. WB,
JOB NO.'
12-/60
REF FlL£:O: \708129\TRACTl4.DWG
180
LEG AL DESCRIPTION
(THIS IS NOT A SURVEY)
SURVEYOR'S NOTES:
(1) lfflS LEGAL DESCRIPTION AND SKETCH IS NOT VAUD UNLESS IT BEARS THE SIGNA TURE AND ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED . SURVEYOR AND MAPPER IDENTIFIED BELOW, (2) MATTERS OF RECORD SHOW HEREON ARE BASED ON COMI.fITMENT TO INSURE TlTL£, PREIIIOIJSLY SUBMITTED TO THIS FIRM FOR REVIEW, PREPARED BY A TTORNEYS TITLE INSURANCE FUND, INC. 'Mlff AN 'MTH AN EFFECTIVE DA T£: MA Y 5, 2008. THOSE EXCEPTIONS lffA T ARE PLOTTABLE ARE SHOW HEREON. THERE MA Y BE OTHER MA TTERS OF RECORD THAT MAY AFFECT THE LANDS SHOW HEREON BUT CANNOT BE SHOW BECAIJSE THEY ARE BLANKET IN NA TUR£, IE. DECLARA TlON OF COVENANTs, CONDITIONS, EASEMENTs, RESTlCTlONS AND AGREEMENTS. (3) BEARINGS SHOW HEREON ARE ASSUMED RELA TlVE TO THE EAST RIGHT OF-WAY LINE OF UNIVERSAL BOIJLEVARD, IJSI-SOUTH CAMPUS IJNIT ON£. ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 46, PAGES 13 THROUGH 16 OF THE PIJBLlC RECORDS OF ORANGE COIJNTY. FLORIDA, BEING NORTH 00:26'39" WEST. (4) THE "LEGAL DESCRIP77ON" HEREON HAS BEEN PREPARED BY THE
SURVEYOR A T THE CLlENrS REQUEST.
(5) THE DELINEA TlON OF LANDS SHOW HEREON IS AS PER THE CLlENrS
INSTRUCTlONS.
(6) THIS SURVEY DOES NOT CONSTITUTE A BOUNDARY SURVEY, AS SUCH. (7) DA TE OF AERIAL PHOTOGRAPHY 15 CIRCA 2007.
LEGEND: P.O.B........ POINT OF BEGINNING
R/W, ........ RIGHT-OF-WA Y
PC........... POINT OF CURVATURE
PRC......... POlNT OF REVERSE CURVA TURE
R............. RADIUS
A. ............ CENTRAL ANGLE L............ ARC LENGTH C............. CHORD LENGTH CB.. " ..: .... CHORD BEARING PB. ..........PLA T BOOK ORB... ...... OFFICIAL RECORDS BOOK PG(S)....... PAGES
SHEET 20F 3 SEE SHEET 1 OF 3 FOR LEGAL DESCRIPTION SEE SHEET 3 OF 3 FOR SKETCH
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203 • Ovfedo,
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fCTlONS 31 8 3f, TOWNSHIP 23 SOW#, RANGE 29 EAST 8 SECTIONS 5 8 6: TOH'NSHIP 24 SO/fTH, RANGE 29 EAST DATE: 12-/7-/2
PREP BY:
r.W.B.
DRAWN BY:
Page 7 of 16
r.W.B.
JOB NO:
12-/60
REF FIL£:O: \708129\TRACTI4.DWG
181
LEG AL DESCRIPTION
(THIS IS NOT A SURVEY)
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PEDESTRIAN, UTILITIES &
UNDERGROUND DRAINAGE EASEMENT
PB. 14, PC_ 138 BLOCK C
PLAZA /NTERNA TlONAL PB. 14, PC. 138
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25' POWER EASEMENT ORB13167, PG.16Bl Y. ~!NE WA lFR I DRAlf{AG£ AGREEMENT NLJY. LINE RtPLACEMENT
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DRAINAGE & RETENTION POND--...--,t--'-- 1V);;t ORB, 3579, PG.312 L~t:J?Eih MAINTENANCE AGREEMENT ,,-+ ORB, 4016, PG,2057 t'!:l r ~_.l RELEASED h.. I ORB, 6759, PG.1936 C'>, ~ I
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23' PEDESTRIAN, UTILITIES & UNDERGROUND DRAINAGE EASEMENT PB. 17. PCS. 63-64
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R = 27.'7'250' v.. A = 19"371q- I L = 935.74 C = -.!!3h1~) = N02V1'14"£
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PLA A INTERNA TlONAL UNIT TEN PB 17, PGS 53 & 54
_I,MAINTENANCE AGREEMENT
SHEET J OF J SEE SHEET 1 OF 3 FOR LECAL D!:SCRIPllON SEE SHEET 2 OF 3 SURVEYOR'S fOTES LINE TABLE. CURVE TABLE AND JiECEND.
ORB, 4015, PG,2057
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REPLActMENT RETENTION POND EASEMENT I ORB, 5159, PC, 1935
PEe I c;~~r,Ef!ffuT~~eT/~At!:t~~B ';!of 2100 AJafa}O TroJl, Sulta 203 • O';MO, florida .32765 WWlf(PECONLlN£ COM
•
-'11)7-542-'1967
'ECTIONS 318 31, TOWNSHIP 23 SO!JTf/, RANGE 29 EAST 8 SECTIONS 5 8 6, TOJYNSHIP 24 SOUTf/, RANGE 29 EAST DATE: 12-17-12
PREP BY:
r.W-B.
DRAWN BY:
Page 8 of 16
r.W-B,
JOB NO:
12-J60
REF FILE: 0' \708129\TRACTI4,DWG
182
Exhibit "B-4"
LEGAL DESCRIPTION L£(;A£
UCPl\1
DESCRIPTION:
N-4 THROUGH N-ll (SEE SHEET 6 OF 8)
A 7RACI OF LAND LYING IN SEC TlONS 5 AND 6, TOWNSHIP 24 SOUTH, RANGE 29 EAST
AND SECTIONS 31 AND 32, TOWNSHIP 23 SOUTH, RANGE 29 EAST. DESCRIBED AS
FOLLOWS
COMMENCE AT THE NORTHWESTERLY CORNER OF LOT " VILLAS AT UNIVERSAL
BOULEVARD UNIT 7, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
62, PAGE !J3 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA FOR A POINT
OF REFERENCE; THENCE RUN NORTH 22'42'04' EAST, 20.0. DO FEET TO THE
INTERSECTICN OF THE NORTHERLY RIGHT-OF-WAY UNE OF UNIVERSAL BOULEVARD.
US/-SCUTfI CAMPUS UNIT ONE. ACCORDING To THE PLAT THEREOF AS RECORDW IN
PLAT BOOK 46, PAGES 13 THROUGH 16 OF SAID PUBLIC RECORDS WITH To THE
EASTERLY RIGHT-OF-WAY LINE OF PROPOSED KIRKMAN ROAD, THENCE RUN NORTH
22'42'0.4" EAST, ALONG SAID PROPOSED EASTERL Y RIGHT-OF-WA Y LINE. 9998 FEET To
THE POINT OF CURVA TURE OF A CURVE CONCA VE V/ESTERL Y; THENCE RUN
NORTHWESTERL Y, ALONG SAID PROPOSW EASTERL Y RIGHT-OF-WAY UNE AND SAID
CURVE, HAVING A RADIUS OF 2600.00 FEET, A CENTRAL ANGLE OF 2779'00'; AN ARC
LENGTfI OF 1239,59 FEET, A CHORD LENGTH OF 1227.88 FEET AND A CHORD BEARING
OF NORTH 0.9'02:34" EAST TO THE POINT OF BEGINNING; THENCE RUN NORTHWESTERL Y
ALONG SAID PROPOSED EASTERLY RIGHT-OF-WAY LINE AND SAID CURVE, HAVING A
RADIUS OF 260.0. DO. FEET, A CENTRAL ANGLE OF 38'03'29': AN ARC LENGTH OF
1127.02 FEET. A CHORD LENGTH OF 1695.45 FEET AND A CHORD BEARING OF NORTH
23"38'41" WEST TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE
NORTHEASTERL Y, THENCE RUN NORTHWESTERL Y, ALONG SAID PROPOSED EASTERLY
RIGHT-OF-WAY LINE AND SAID CURVE. HAVING A RADIUS OF 220.000 FEET, A CENTRAL
ANGLE OF 28'56'51'; AN ARC LENGTH OF 1111,50 FEET; A CHORD LENGTH OF 1099.72
FEET AND A CHORD BEARING OF NORTH 28'12'00" MST TO THE NORTH LINE OF THE
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 5638. PAGE 3517 OF SAID PUBLIC'
RECORDS; THENCE RUN ALONG SAID NORTH LINE THE FOLLOWING COURSES; NORTH
89'09:35" EAST, 44017 FEET; NORTH 00.'50.'25" WEST, 81457 FEET,' SOUTH 89'54'59"
EAST, 578. 46 TO A POINT HEREINAFTER REFERRED TO AS POINT "B'; THENCE
CONTINUE SOUTH 8934'59" EAST, 103.918 FEET TO A POINT ON THE PROPOSED
EASTERL Y RIGHT-OF~WAY LINE OF MANDARIN A VENlJE; THENCE RUN NORTH 58'29'46"
EAST, ALONG SAID PROPOSED EASTERL Y RIGHT-OF- WA Y LINE, 54,85
FEET TO THE POINT OF CURVATURE OF A CURVE CONCA !IE NORTHEASTERL ~
THENCE RUN NORTHWESTERL Y AL ONG SAID PROPOSED EAS TERL Y RIGH T-OF- WA Y
UNE AND SAID CURVE, HA VlNG A RADIUS OF 1246,00 FEET, A CENTRAL ANGLE OF
12'50'44'; AN ARC LENGTH OF 279,35 FEET, A CHORD LENGTH OF 278. 76 FEET AND A
CHORD BEARING OF NORTH 52'0.4'24" EAST; THENCE DEPARTING SAID PROPOSED
EASTERLY RIGHT-OF-WAY LINE, RUN SOUTH 89'54'59" EAST, NON-TANGENT TO SAID
CURVE, 1024.26 FEET; THENCE RUN SOUTH 00"14'20." EAST, 219.76 FEET; THENCE RUN
NORTH 89'54'59" WEST, 386.42 FEET; THENCE RUN SOUTH 00"14'20." EAST, 718. 97
FEET; THENCE RUN SOUTH 78'04'41" EAST, 258.77 FEET, THENCE RUN SOUTH
28'5J'23" EAST, 887.4-8 FEET; THENCE RUN NORTH 89''47'26'' EAST, 1120,38 FEET TO
THE POINT OF CUR VA TURE OF A CURVE CONCA VE SOUTHWESTERL ~ THENCE RUN
SOUTHEASTERLY, ALONG SAID CURVE, HAVING A RADILIS OF 70.00 FEET, A CENTRAL
ANGLE OF 62'3.3'48'; AN ARC LENGTH OF 76.44 FEET. A CHORD LENGTH OF 72,69
FEET AND A CHORD BEARING OF SOUTH 58'55'40" EAST TO THE POINT OF REVERSE
CURVA TURE OF A CURVE CONCA VE NORTHEASTERL Y, THENCE RUN
SOUTH£ASTERL Y, ALONG SAID CURVE, HAVING A RADIUS OF 528.84 FEET. A CEN'RAL
,A.~,
SHEET' OF 8 (THIS IS NOT A SURVEY) SEE SHEETS 1-7 OF 8 FOR LEGAL DESCRIPTION SEE SHEET 7 OF 8 FOR SURVEYOR:) NOTES SEE 'iNFEr 8 OF 8 FOR 5KETCH
2100 Alolayo Tro!l,. Suite 20; "Oyjedo.
. . . '" .
DAVID A' WHI FLORIDA REGIS nON NO:'4C4",,(; ,) PEC - SUR!lEYlNG ANO MAPPi/lj(;'::tLC" CERTIFICATE OF AUTHDRIZA rlON. NO.. LB DATE OF SIGNA JURE: 12-18-12
Florida
32165
•
407-542-4961
r--~~~~~~~~~~~~~~~~~~~W~WW~,~P£~C~O~W~L~/N~E:~.C~O~M~=-~~~~__--~~~--~~~__~~I
SECTIONS SI & 32 TOWNSHIP 23 SOUTH, RANCE 29 EAST & SECTIONS 5 8
TOWNSHIP 24 SOUTH RANCE 29 EAST
~
we, DRAWN BY. JOB #. 12-/60 (j ~------------------------------------~------------------------------------~ Page 9 of 16 DATE /2-/7-/2
PREP BY. T.
183
LEGAL DESCRIPTION
ANGLE OF 27'24'47~ AN ARC LENGTH OF 253.02 FEET, A CHORD LENGTH OF 250.62 FEET AND A CHORD BEARING OF SOUTH 41:21 '09" EAST TO THE POINT OF COMPOUND CURVA TURE OF A CURVE CONCA VE NORTHERL Y,' THENCE RUN EASTERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 88.99 FEET, A CENTRAL ANGLE OF 78'05'12: AN ARC LENGTH OF 121.28 FEET, A CHORD LENGTH OF 112.11 FEET AND A CHORD BEARING OF NORTH 85'53'51" EAST TO THE POINT OF TANGENCY,' THENCE RUN NORTH 46'51"5" EAST, 78.94 FEET; THENCE RUN SOUTH 71V2'Ol'" EAST, 215.89 FEET; THENCE RUN SOUTH 23'01'33" EAST, 478.71 FEET; THENCE RUN SOUTH 74'36'15" EAST, 159.48 FEET,' THENCE RUN NORTH 49'18'54" EAST, 127.10 FEET TO A POINT ON THE WESTERL Y LINE OF AN U77L1TY EASEMENT, ACCORDING TO OFFICIAL RECORDS BOOK 8554, PAGE 177 OF SAID PUBLIC RECORDS,' THENCE RUN SOUTH 40'41'06" EAST, ALONG SAID WESTERL Y LINE, 462.90 FEET,' THENCE RUN SOUTH 38'32'59" EAST, ALONG SAID WESTERL Y LINE, 217.22 FEET; THENCE DEPAR71NG SAID WESTERL Y LINE, RUN SOUTH 51'41'34" WEST, 295.73 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C:' THENCE RUN SOUTH 34'45'35" EAST, 332.01 FEET TO THE POINT OF CUR VA TURE OF A CURVE CONCA VE WESTERL Y, THENCE RUN SOUTHERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 205.00 FEET, A CENTRAL ANGLE OF 8370'06~ AN ARC LENGTH OF 297.57 FEET, A CHORD LENGTH OF 272.12 FEET AND A CHORD BEARING OF SOUTH 06'49'28" WEST TO THE POINT OF TANGENCY,' THENCE RUN SOUTH 48:24'31" WEST, 63.19 FEET TO THE POINT OF CURVATURE OF A CURVE CONCA VE NORTHERL Y,' THENCE RUN WESTERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 71'48'43: AN ARC LENGTH OF 250.67 FEET, A CHORD LENGTH OF 234.58 FEET AND A CHORD BEARING OF SOUTH 8478'53" WEST TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHWESTERL Y,' THENCE RUN SOUTHWESTERL Y, ALONG SAID NON- TANGENT CURVE, HA VlNG A RADIUS OF 197.50 FEET, A CENTRAL ANGLE OF 11'10'53: AN ARC LENGTH OF 38.54 FEET, A CHORD LENGTH OF 38.48 FEET AND A CHORD BEARING OF SOUlH 26'44'01" M"ST TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCA VE SOUTHEASTERL Y,' THENCE RUN SOUTHM"STERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 704.52 FEET, A CENTRAL ANGLE OF 27:25'45: AN ARC LENGTH OF 337.27 FEET, A CHORD LENGTH OF 334.06 FEET AND A CHORD BEARING OF SOUlH 18'38'35" WEST TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCA VE NORlHM"STERL Y; THENCE RUN SOUlHM"STERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 105.00 FEET, A CENTRAL ANGLE OF 1070'03: AN ARC LENGTH OF 18.63 FEET, A CHORD LENGTH OF 18.61 FEET AND A CHORD BEARING OF SOUTH 09'58'44" M"ST TO THE POINT OF TANGENCY; THENCE RUN SOUTH 15'03'45" WEST, 109.14 FEET TO THE POINT OF CURVA TURE OF A CURVE CONCA VE NORTHWESTERL Y; THENCE RUN SOUTHWESTERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 205.50 FEET, A CENTRAL ANGLE OF 55:22'38: AN ARC LENGTH OF 198.62 FEET, A CHORD LENGTH OF 190.98 FEET AND A CHORD BEARING OF SOUTH 42'45'04" M'ST TO THE POINT OF TANGENCY,' THENCE RUN SOUTH 70:26'23" WEST, 365.06 FEET; THENCE RUN SOUTH 84:23'24" WEST, 270.59 FEET,' THENCE RUN SOUTH 05'36'36'" EAST, 202.00 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF PROPOSED CANADIAN COURT EXTENSION, SAID POINT LIES ON A NON TANGENT CURVE SOUTHEASTERL Y,' THENCE RUN SOUTHWESTERL Y, ALONG SAID PROPOSED NORTHERLY RIGHT-OF-WAY LINE AND SAID NON-TANGENT CURVE, HAVING A RADIUS OF 1275.00 FEET, A CENTRAL ANGLE OF 28V1'06: AN ARC LENGTH OF 623.49 FEET, A CHORD LENGTH OF 617.29 FEET AND A CHORD BEARING OF SOUTH 7718'15" M'ST; THENCE DEPAR71NG SAID PROPOSED NORTHERLY RIGHT-OF WA Y LINE, RUN NORTH 5879'08# WEST, NON- TANGENT TO SAID CURVE, 1026.52 FEET, THENCE RUN SOUTH 31'40'52" WEST, 305.69 FEET TO THE NORTHERLY LINE OF A SEE SHEETS /-7 OF 8 FOR LEGAL DESCRIPTION SEE SHEET 7 OF 8 FOR SURVEYOR'S NOTES SEE SHEET 8 OF 8 FOR SKETCH
SHEET 2 OF 8
(lNIS IS NOT A SURVEy)
-g~ t:::
~--------------------------------------~------------~----------------~~
SURVEYING AND MAPPING, LLC ~
PEe I
CERTIFICATE
or AUTHORIZATION NUMBER
2100 AJafo;o Troll, Suite 203 • Oviedo,
Florida
32765
•
~
LB 7808
~
407-542-4967
WWVl.PECONLlN£.COM
"
SECTIONS 31 8 31, TOWNSHIP 23 SOUTH, RANGE 29 EAST 8 SECTIONS 5 8 6, TOWNSHIP 24 SOUTH, RANGE 29 EAST ~ DATE: /2-/7-/2
'PREP BY: To w.s.
I
DRAWN BY: T. w.s.
Page 10 of 16
I
JOB #: /2-/60
6
184
LEGAL DESCRIPTION
WA TER DRAINAGE AGREEMENT, ACCORDING TO OFFICIAL RECORDS BOOK 8159, PAGE 1936 AND OFFICIAL RECORDS BOOK 6983, PAGE 2192 OF SAID PUBLIC RECORDS; THENCE RUN NORTH 5819'08" M"ST, ALONG SAID NORTHERLY LINE; 1408.51 FEET TO A POINT ON A NON- TANGENT CURVE CONCA VE M"STERL Y,' THENCE RUN NORTHERL Y, ALONG SAID NON- TANGENT CURVE, HA VlNG A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 23"47'14~ AN ARC LENGTH OF 62.27 FEET, A CHORD LENGTH OF 61.83 FEET AND A CHORD BEARING OF NORTH 11"41'48'" M"ST; THENCE RUN NORTH 3137'53" EAST, NON- TANGENT TO SAID CURVE, 75.67 FEET,' THENCE RUN u NORTH 21'06'49 EAST, 345.32 FEET,' THENCE RUN NORTH 58"44'45" UEST, 97.31 FEET, u THENCE RUN SOUTH 3137'53 UEST, 408.87 FEET TO A POINT ON A NON-TANGENT CURVE CONCA VE SOUTHERL Y,' THENCE RUN WESTERL Y, ALONG SAID NON- TANGENT CURVE, HA VlNG A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 27"42'13: AN ARC LENGTH OF 72.53 FEET, A CHORD LENGTH OF 71.82 FEET AND A CHORD BEARING OF SOUTH 77'01'02" WEST TO THE NORTHERLY LINE OF SAID WATER DRAINAGE AGREEMENT,' THENCE RUN NORTH 58'19'08" WEST, ALONG SAID NORTHERLY LINE; 76.83 FEET; THENCE RUN NORTH 82'09'56" WEST, ALONG SAID NORTHERLY LINE; 304.49 FEET; THENCE DEPARTING SAID NORTHERLY LINE, RUN NORTH 59'31'46" WEST, 228.51 FEET,' THENCE RUN SOUTH 67'14'30" M"ST, 197.46 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT: LESS-OUT "B" (SEE SHEET 6 OF 8) COMMENCE AT THE AFORESAID POINT "B~' THENCE RUN SOUTH 00'05'01" WEST, 536.89 FEET; THENCE RUN SOUTH 36'51'11" EAST, 594.73 FEET; THENCE RUN NORTH 71'05'47 u EAST, 74.95 FEET TO THE POINT OF BEGINNING, SAID POINT LIES ON A NON- TANGENT CURVE CONCA VE EASTERL Y,' THENCE RUN NORTHERL Y, ALONG SAID NON- TANGENT CURVE, HA VlNG A RADIUS OF 48.84 FEET, A CENTRAL ANGLE OF 100:22'19: AN ARC LENGTH OF 85.56 FEET, A CHORD LENGTH OF 75.03 FEET AND A CHORD BEARING OF NORTH 02'35'01" WEST TO THE POINT OF TANGENCY; THENCE u RUN NORTH 47'36'08 EAST, 166.87 FEET TO THE POINT OF CURVA lVRE OF A CURVE CONCA VE SOUTHERL Y,' THENCE RUN EASTERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 390.50 FEET, A CENTRAL ANGLE OF 90'40'13~ AN ARC LENGTH OF 617.97 FEET, A CHORD LENGTH OF 555. 47 FEET AND A CHORD BEARING OF SOUTH 87'03'45" EAST TO THE POINT OF REVERSE CUR VA lVRE OF A CURVE CONCA VE NORTHEASTERL Y; THENCE RUN SOUTHEASTERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 631.44 FEET, A CENTRAL ANGLE OF 59"41'17~ AN ARC LENGTH OF 657.81 FEET, A CHORD LENGTH OF 628.46 FEET AND A CHORD BEARING OF SOUTH 71'34'17" EAST TO THE POINT OF REVERSE CURVAlVRE OF A CURVE CONCAVE SOUTHWESTERLY,' THENCE RUN SOUTHEASTERLY, ALONG SAID CURVE, HAVING A RADIUS OF 234.75 FEET, A CENTRAL ANGLE OF 85:28'00: AN ARC LENGTH OF 350.18 FEET, A CHORD LENGTH OF 318.60 FEET AND A CHORD BEARING OF SOUTH 58"40'55" EAST TO THE POINT OF REVERSE CURVA lVRE OF A CURVE CONCA VE NORTHEASTERL Y; THENCE RUN SOUTHEASTERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 885.58 FEET, A CENTRAL ANGLE OF 25'36'43: AN ARC LENGTH OF 395.87 FEET, A CHORD LENGTH OF 392.58 FEET AND A CHORD BEARING OF SOUTH 28"45'17" EAST TO THE POINT OF REVERSE CURVAlVRE OF A CURVE CONCAVE SOUTHWESTERL Y; THENCE RUN SOUTHEASTERL Y, ALONG SAID CURVE; HA VlNG A RADIUS OF 232.41 FEET, A CENTRAL ANGLE OF 57'01'56: AN ARC LENGTH OF 231.34 FEET, A CHORD LENGTH OF 221.91 FEET AND A CHORD BEARING OF SOUTH 13'02'40" EAST TO THE POINT OF REVERSE CURVA lVRE OF A CURVE CONCA VE NORTHEASTERL Y,' THENCE RUN SOUTHEASTERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 624.15 FEET, A CENTRAL ANGLE OF 56"49'28: AN ARC LENGTH OF SEE SHEETS /-7 OF 8 FOR LECAL DESCRIPTION SEE SHEET 7 OF 8 FOR SURVEYOR'S NOTES SEE SHEET 8 OF 8 FOR SKETCH
(THIS IS NOT A SURVEy)
SHEET 3 OF 8
s ~
'\S t::
~~--------=-----------------------------------------------------------~~
SURVEYING AND MAPPING, LLe ~
PEe I
~
CERTIFICATE OF AUTHORIZATION NUMBER LB 1808
2100 Alafaya Troll, Suite 203 • Oviedo,
Florida
32765
•
~ "
407-542-4967
www.PECONLlN£.COM
SECTIONS 318 31, TOWNSf/IP 13 SOUTf/, RANGE19 EAST 8 SECTIONS 5 8 6, TOWNSf/IP 14 SOUTf/, RANGE 19 EAST ~ DATE: /2-/7-/2
I
PREP BY: ToW-B.
I
Page 11 of 16
DRAWN BY: ToW-B.
I
JOB #: /2-/60
Ci
185
LEGAL DESCRIPTION
619.02 FEET, A CHORD LENGTH OF 593.96 FEET AND A CHORD BEARING OF SOUTH 12'56'26" EAST; THENCE RUN SOUTH 02V6'18" EAST, NON-TANGENT TO SAID CURVE, 91.13 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERL Y,' THENCE RUN SOUTHWESTERL Y, ALONG SAID NON- TANGENT CURVE, HA V7NG A RADIUS OF 459.92 FEET, A CENTRAL ANGLE OF 32'32'21: AN ARC LENGTH OF 261.20 FEET, A CHORD LENGTH OF 257.70 FEET AND A CHORD BEARING OF SOUTH 39'53'45" UEST TO THE POINT OF COMPOUND CURVA TURE OF A CURVE CONCA VE SOUTHEASTERL Y,' THENCE RUN SOUTHUESTERL Y, ALONG SAID CURVE, HA V7NG A RADIUS OF 459.92 FEET, A CENTRAL ANGLE OF 03'06'02: AN ARC LENGTH OF 24.89 FEET, A CHORD LENGTH OF 24.89 FEET AND A CHORD BEARING OF SOUTH 22'04'33" UEST TO THE POINT OF REVERSE CURVA TURE OF A CURVE CONCA VE NORTHWESTERL Y,' THENCE RUN SOUTHUESTERL Y, ALONG SAID CURVE, HA V7NG A RADIUS OF 212.89 FEET, A CENTRAL ANGLE OF 22'13'10: AN ARC LENGTH OF 8256 FEET, A CHORD LENGTH OF 82.04 FEET AND A CHORD BEARING OF SOUTH 31'38'07" WEST TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCA VE NORTHERL Y,' THENCE RUN WESTERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 88,91 FEET, A CENTRAL ANGLE OF 134'55'47: AN ARC LENGTH OF 209.38 FEET, A CHORD LENGTH OF 164.24 FEET AND A CHORD BEARING OF NORTH 69'47'25" WEST,' THENCE RUN NORTH 67'06'54" UEST, NON-TANGENT TO SAID CURVE, 57.70 FEET,' THENCE RUN NORTH 3115'15" EAST, 344,85 FEET TO A POINT ON A NON- TANGENT CURVE CONCA VE NORTHEASTERL Y,' THENCE RUN NORTHWESTERL Y, ALONG SAID NON-TANGENT CURVE, HAV7NG A RADIUS OF 461.00 FEET, A CENTRAL ANGLE OF 28'33'10: AN ARC LENGTH OF 229.74 FEET, A CHORD LENGTH OF 227.37 FEET AND A CHORD BEARING OF NORTH 23'44'23" WEST TO THE POINT OF TANGENCY; THENCE RUN NORTH 09:27'48" WEST, 295.84 FEET TO THE POINT OF CURVATURE OF A CURVE CONCA VE SOUTHWESTERL Y,' THENCE RUN NORTHUESTERL Y, ALONG SAID CURVE, HAV7NG A RADIUS OF 448.00 FEET, A CENTRAL ANGLE OF 32'58'13: AN ARC LENGTH OF 257.80 FEET, A CHORD LENGTH OF 254.26 FEET AND A CHORD BEARING OF NORTH 25'56'55" UEST TO THE POINT OF COMPOUND CURVA TURE OF A CURVE CONCA VE SOUTHWESTERL Y,' THENCE RUN NORTHUESTERL Y, ALONG SAID CURVE, HAV7NG A RAD/US OF 1142.18 FEET, A CENTRAL ANGLE OF 1110'33: AN ARC LENGTH OF 222.79 FEET, A CHORD LENGTH OF 222.44 FEET AND A CHORD BEARING OF NORTH 48Vl'18" UEST TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCA VE SOUTHWESTERL Y,' THENCE RUN NORTHWESTERL Y, ALONG SAID CURVE, HA V7NG A RADIUS OF 1567.29 FEET, A CENTRAL ANGLE OF 14'51'34: AN ARC LENGTH OF 406.47 FEET, A CHORD LENGTH OF 405.33 FEET AND A CHORD BEARING OF NORTH 61'02'22" WEST TO THE POINT OF REVERSE CUR VA TURE OF A CURVE CONCA VE NORTHEASTERL Y; THENCE RUN NORTHWESTERL Y, ALONG SAID CURVE,
HA V7NG A RADIUS OF 261.96 FEET, A CENTRAL ANGLE OF 21'30'23: AN ARC LENGTH OF
98.33 FEET, A CHORD LENGTH OF 97.75 FEET AND A CHORD BEARING OF NORTH 57'42'57" WEST TO THE POINT OF REVERSE CURVA TURE OF A CURVE CONCAVE SOUTHWESTERLY,' THENCE RUN NORTHUESTERLY, ALONG SAID CURVE, HA V7ivG A RADIUS OF 1197.26 FEET, A CENTRAL ANGLE OF 18'51'28: AN ARC LENGTH OF 394.05 FEET, A CHORD LENGTH OF 392.28 FEET AND A CHORD BEARING OF NORTH 56:23'30" UEST TO THE POINT OF COMPOUND CUR VA TURE OF A CURVE CONCA VE SOUTHERL Y,' THENCE RUN WESTERL Y, ALONG SAID CURVE, HA V7NG A RADIUS OF 196.52 FEET, A CENTRAL ANGLE OF 43'49'36~ AN ARC LENGTH OF 150.32 FEET, A CHORD LENGTH OF 146.68 FEET AND A CHORD BEARING OF NORTH 87'44'02" WEST TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCA VE NORTHERL Y,' THENCE RUN WESTERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 509.14 FEET, A CENTRAL ANGLE OF 37'54'01: AN ARC LENGTH OF 336.79
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SEE SHEETS 1-7 OF 8 FOR LEGAL DESCRIPTION SEE SHEET 7 OF 8 FOR SURVEYOR'S NO TES , SEE SHEET 8 OF 8 FOR SKETCH
SHEET 4 OF 8
(THIS IS NOT A SURVEY)
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~~--~~~------~~--~~----~--~~~~--~~--~--~~~~~------~~
PEe I SURVEYING AND MAPP/N~ LLe
~
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CERTIFICATE OF AUTHORIZATION NUMBER LB 7808 2100 AlafoJC Troll, Suite 203 • Oviedo, RorJda 32755 • 407-542-4957 www.PECONLlN£COM
~
"
SECTIONS 31 &31, TOWNSHIP13 SOl/Til, RANGE19 EAST &SECTIONS 5 &6, TOWNSHIP 14 SOl/Til, RANGE19EAST ~ DATE: /2-/7-/2
I
PREP BY: r.w.s.
I
DRAWN BY: ToW-S.
Page 12 of 16
I
JOB #: /2-/60
()
186
LEGAL DESCRIPTION
FEET, A CHORD LENGTH OF 330.68 FEET AND A CHORD BEARING OF SOUTH 8978'11" m:ST TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCA VE NORTHEASTERL Y.' THENCE RUN NORTHm:STERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 48.84 FEET, A CENTRAL ANGLE OF 18'58'38~ AN ARC LENGTH OF 16.18 FEET, A CHORD LENGTH OF 16.10 FEET AND A CHORD BEARING OF NORTH 62'15'29" WEST TO THE POINT OF BEGINNING. ALSO LESS AND EXCEPT: LESS-OUT
"c"
(SEE SHEET 6 OF
8)
BEGIN AT THE AFORESAID PO/NT "C:· THENCE RUN SOUTH 34'45'35" EAST, 332.01 FEET TO THE POINT OF CURVA TURE OF A CURVE CONCA VE m:STERL Y,' THENCE RUN SOUTHERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 205.00 FEET, A CENTRAL ANGLE OF 8370'06: AN ARC LENGTH OF 297.57 FEET, A CHORD LENGTH OF 272.12 FEET AND A CHORD BEARING OF SOUTH 06'49'28" m:ST TO THE POINT OF TANGENCY,' THENCE RUN SOUTH 48'24'31" U£ST, 63.19 FEET TO THE POINT OF CURVATURE OF A CURVE CONCA VE NORTHERL Y,' THENCE RUN m:STERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 71'48'43: AN ARC LENGTH OF 250.67 FEET, A CHORD LENGTH OF 234.58 FEET AND A CHORD BEARING OF SOUTH 8478'53" MST TO A POINT ON A NON-TANGENT CURVE CONCAVE m:STERLY,' THENCE RUN NORTHERL Y, ALONG SAID NON- TANGENT CURVE, HA VlNG A RADIUS OF 197.50 FEET, A CENTRAL ANGLE OF 23'40'24: AN ARC LENGTH OF 81.60 FEET, A CHORD LENGTH OF 81.02 FEET AND A CHORD BEARING OF NORTH 09'18'22" EAST TO A POINT ON A NON- TANGENT CURVE CONCA VE WESTERL Y.' THENCE RUN NORTHERL Y, ALONG SAID NON- TANGENT CURVE, HA VlNG A RADIUS OF 453.93 FEET, A CENTRAL ANGLE OF 44'26'48: AN ARC LENGTH OF 352.13 FEET, A CHORD LENGTH OF 343.37 FEET AND A CHORD BEARING OF NORTH 06U6'13" m:ST TO THE POINT OF COMPOUND CURVA TURE OF A CURVE CONCA VE SOUTHWESTERL Y,' THENCE RUN NORTHWESTERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 163.77 FEET, A CENTRAL ANGLE OF 77'18'27: AN ARC LENGTH OF 220.97 FEET; A CHORD LENGTH OF 204.59 FEET AND A CHORD BEARING OF NORTH 66'58'51" U£ST TO THE POINT OF COMPOUND CUR VA TURE OF A CURVE CONCA VE SOUTHEASTERL Y,' THENCE RUN SOUTHU£STERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 518. 77 FEET, A CENTRAL ANGLE OF 35'48'36: AN ARC LENGTH OF 324.24 FEET; A CHORD LENGTH OF 318.98 FEET AND A CHORD BEARING OF SOUTH 56'27'38" WEST TO THE POINT OF REVERSE CURVA TURE OF A CURVE CONCA VE NORTHU£STERL Y,' THENCE RUN SOUTHm:STERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 242.85 FEET, A CENTRAL ANGLE OF 63'22'59: AN ARC LENGTH OF 268.65 FEET, A CHORD LENGTH OF 255.16 FEET AND A CHORD BEARING OF SOUTH 7074'49" m:ST TO THE POINT OF COMPOUND CURVA TURE OF A CURVE CONCA VE NORTHEASTERL Y,' THENCE RUN NORTHm:STERLY, ALONG SAID CURVE, HAVING A RADIUS OF 175.93 FEET, A CENTRAL ANGLE OF 139'42'36: AN ARC LENGTH OF 429.00 FEET; A CHORD LENGTH OF 330.34 FEET AND A CHORD BEARING OF NORTH 0872'23'" WEST TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHU£STERLY,' THENCE RUN NORTHEASTERLY, ALONG SAID CURVE, HAVING A RADIUS OF 330.42 FEET, A CENTRAL
ANGLE OF 30'48'15: AN ARC LENGTH OF 177.64 FEET, A CHORD LENGTH OF 175.51 FEET AND A CHORD BEARING OF NORTH 4674'47" EAST TO THE POINT OF COMPOUND CURVA TURE OF A CURVE CONCA VE U£STERL Y; THENCE RUN NORTHERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 93.25 FEET, A CENTRAL ANGLE OF 52'02'25: AN ARC NG OF CONCA VE SOUTHm:STERL Y,' THENCE RUN NORTHm:STERL Y, ALONG SAID CURVE,
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SEE SHEETS 1-7 OF 8 FOR LEGAL DESCRIPTION
~______________________________________________________________________________~i ~ err SHEET 7 OF 8 FOR SURVEYOR'S NOTES (TUIS IS NOT A C'JI'RllC"yl ~~ ... SHEET 8 OF 8 FOR SKETCH SHEET 5 OF 8 Int ~V, VC / t::
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PEe I SURVEYING AND MAPPING, LLe
5
CERTIFICATE OF AUTHORIZATION NUMBER LB 7808 2100 Alafaya Troll, SuIte 203 • Oviedo, Florida 32765 • 407-542-4967 www.PECONLlNE.COM
~
.
SECTIONS 31 831, TOWNSHIP 13 SOt/TfI, RANGE 19 EAST 8 SECTIONS 5 8 6, TOWNSHIP 14 SOUTfI, RANGE 19 EAST ~ DATE: /2-17-/2
I
PREP BY:
r.w.s.
I
DRAWN BY:
Page 13 of 16
r.w.s.
I
JOB #: 12-/60
()
187
LEGAL DESCRIPTION
HAVING A RADIUS OF 612.42 FEET, A CENTRAL ANGLE OF 33'14'20: AN ARC LENGTH OF 355.28 FEET, A CHORD LENGTH OF 350.32 FEET AND A CHORD BEARING OF NORTH 37'48'56" WEST TO THE POINT OF TANGENCY; THENCE RUN NORTH 54'26'06" WEST, 216.39 FEET TO THE POINT OF CURVATURE OF A CURVE CONCA VE SOUTHWESTERL Y,' THENCE RUN NORTHWESTERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 485.34 FEET, A CENTRAL ANGLE OF 27'48'20: AN ARC LENGTH OF 235.53 FEET, A CHORD LENGTH OF 233.23 FEET AND A CHORD BEARING OF NORTH 68'20'16" WEST TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCA VE SOUTHERL Y,' THENCE RUN WESTERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 187.00 FEET, A CENTRAL ANGLE OF 29'17'17: AN ARC LENGTH OF 95.59 FEET, A CHORD LENGTH OF 94.55 FEET AND A CHORD BEARING OF SOUTH 83'06'56" WEST TO THE POINT OF TANGENCY; THENCE RUN SOUTH 68'28'1r WEST, 246.51 FEET TO THE POINT OF CURVATURE OF A CURVE CONCA VE SOUTHEASTERL Y,' THENCE RUN SOUTHWESTERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 622.50 FEET, A CENTRAL ANGLE OF 27'43'13: AN ARC LENGTH OF 301.17 FEET, A CHORD LENGTH OF 298.24 FEET AND A CHORD BEARING OF SOUTH 54'36'41" WEST TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCA VE NORTHWESTERL Y,' THENCE RUN SOUTHWESTERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 632.51 FEET, A CENTRAL ANGLE OF 44'31'19: AN ARC LENGTH OF 491.50 FEET; A CHORD LENGTH OF 479.22 FEET AND A CHORD BEARING OF SOUTH 63'00'44" WEST,- THENCE RUN NORTH 00'20'10" WEST; NON- TANGENT TO SAID CURVE, 136.94 FEET TO A POINT ON A NON- TANGENT CURVE CONCA VE NORTHWESTERL Y,' THENCE RUN NORTHEASTERL Y, ALONG SAID NON- TANGENT CURVE., HAVING A RADIUS OF 383.05 FEET, A CENTRAL ANGLE OF 43'24'06: AN ARC LENGTH OF 290.16 FEET, A CHORD LENGTH OF 283.28 FEET AND A CHORD BEARING OF NORTH 62'12'28" EAST TO THE POINT OF REVERSE CURVA TURE OF A CURVE CONCA VE SOUTHEASTERL Y,' THENCE RUN NORTHEASTERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 1231.44 FEET, A CENTRAL ANGLE OF 27'21'07: AN ARC LENGTH OF 587.86 FEET, A CHORD LENGTH OF 582.30 FEET AND A CHORD BEARING OF NORTH 5470'58" EAST TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCA VE SOUTHERL Y,' THENCE RUN EASTERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 634.50 FEET, A CENTRAL ANGLE OF 54"59'24: AN ARC LENGTH OF 608.97 FEET, A CHORD LENGTH OF 585.87 FEET AND A CHORD BEARING OF SOUTH 84'38'47" EAST TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NOR THEA STERL Y,' THENCE RUN SOUTHEASTERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 774.00 FEET, A CENTRAL ANGLE OF 19'04'15: AN ARC LENGTH OF 257.62 FEET, A CHORD LENGTH OF 256.44 FEET AND A CHORD BEARING OF SOUTH 66'41'12" EAST TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCA VE NORTHEASTERL Y; THENCE RUN SOUTHEASTERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 1139.00 FEET, A CENTRAL ANGLE OF 13'30'31: AN ARC LENGTH OF 268.54 FEET, A CHORD LENGTH OF 267.92 FEET AND A CHORD BEARING OF SOUTH 82"58'34" EAST TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAve SOUTHWESTERL Y,' THENCE RUN SOUTHEASTERL Y, ALONG SAID CURVE, HA VlNG A
RADIUS OF 115.00 FEET, A CENTRAL ANGLE OF 82'05'58: AN ARC LENGTH OF 164.78 FEET, A CHORD LENGTH OF 151.04 FEET AND A CHORD BEARING OF SOUTH 48'40'51" EAST TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHEASTERL Y,' THENCE RUN SOUTHEASTERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 243.86 FEET, A CENTRAL ANGLE OF 54'29'33~ AN ARC LENGTH OF 231.92 FEET, A CHORD LENGlH OF 223.28 FEET AND A CHORD BEARING OF
SOUTH 34"52'39" EAST TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAve
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SHEET 6 OF 8
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CERTIFICATE OF AUTHORIZATION NUMBER LB 7808
2100 AlafajO Troll, Suite 20.3 • Oviedo,
FlorIda
.32765
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407-542-4987
WWW.PECONLlN£.COM
"
SECTIONS 31 8 31, TOY/NSf/I? 13 SOL/Til, RANGE 19 EAST 8 SECTIONS 5 8 ~ TOy/NSf/IP 14 SOL/Til, RANGE 19 EAST ~ DATE: 12-/7-/2
I
PREP BY: ToW-B,
I
DRAWN BY: ToW-B.
Page 14 of 16
I
JOB #: /2-/60
C:5
188
LEGAL DESCRIPTION
SOUTHWESTERL Y,' THENCE RUN SOUTHEASTERL Y, ALONG SAID CURVE, HA VlNG A RADIUS OF 865.00 FEET, A CENTRAL ANGLE OF 12'59'05~ AN ARC LENGTH OF 196.03
FEET, A CHORD LENGTH OF 195.61 FEET AND A CHORD BEARING OF
SOUTH 55'37'53 EAST TO THE POINT OF COMPOUND CURVA TURE OF A CURVE
CONCA VE SOUTHWESTERL Y, THENCE RUN SOU THEAS TERL Y, ALONG SAID CURVE,
HAVlNG A RADIUS OF 480.00 FEET, A CENTRAL ANGLE OF 14'22'45: AN ARC LENGTH OF
720.46 FEET, A CHORD LENGTH OF 120.15 FEET AND A CHORD BEARING OF SOUTH 41 '56'57" EAST TO THE POINT OF TANGENCY; THENCE RUN SOUTH 34'45'35" EAST, 116.27 FEET TO THE POINT OF BEGINNING. N
THE ABOVE DESCRIBED TRACT OF LAND LIES IN ORANGE COUNTY, FLORIDA AND CONTAINS 340.560 ACRES MORE OR LESS.
SURVEYOR'S NOTES.'
(1) THIS LEGAL DESCRIPTION IS NOT VALID UNLESS IT BEARS THE SIGNA TURE AND ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER IDENTIFIED BELOW. (2) NO ABSTRACT FOR RIGHTS-OF-WA Y, EASEMENTS, RECORD HA VE BEEN PROVlDED TO THIS FIRM.
OWNERSHIP OR OTHER INSTRUMENTS DF
(3) BEARINGS SHOWN HEREON ARE ASSUMED RELA TlVE TO:
(4) THE
·LEGAL DESCRIPTIONCLIENT'S REQUEST.
HEREON HAS BEEN PREPARED BY
THE SURVEYOR AT
THE
(5) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH. (6) THE DELINEA TlON OF LANDS SHOWN HEREON IS AS PER THE CLIENT'S INSTRUCTIONS. (7) THIS SURVEY DOES NOT CONSTITUTE A BOUNDARY SURVEY, AS SUCH.
(8) THE CLASSIFICATION USE OF THE LAND, PURSUANT TO THE MINIMUM TECHNICAL STANDARDS SET FORTH IN RULE CHAPTER 5J-17 FLORIDA ADMINISTRATIVE CODE, FLORIDA STATUTES 472.027, IS COMMERCIAL/!-IIGH RISK. THE MINIMUM RELA TlVE DISTANCE ACCURACY OF THIS MAP OF BOUNDARY SURVEY ACHIEVES OR EXCEEDS ONE FOOT IN 10,000 FEET.
~
SEE SHEETS 1-7 OF 8 FOR LEGAL DESCRIPTION • SEE SNEET 8 OF 8 FOR SKETCH
(THIS /S NOT A SURVEyl /
SHEET 7 OF 8
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~~----------~----------~--------~------------------------------~~ SURVEYING AND MAPPING, LLC 2C
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C£RT/r/CAT£ OF AUTHORIZATION NUMBER LB 7808
2100 Alofo)A3 Trail, Suite 203 • Oviedo,
Ror/do
32765
•
~
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407-542-4967
WW'II.PECONLlN£.COM
SECTIONS JI 8 31, TOWNSHIP 13 SOI/T/i RANGE19 EAST 8 SECTIONS 5 8 6, TOWNSHIP 14 SOI/T/i RANGE19 EAST ~ DATE: 12-/7-12
I
PREP BY:
row.s.
I
DRAWN BY:
Page 15 of 16
r.w.s.
l
JOB #: /2-/60
(::;
189
LEGAL DESCRIPTION
1"
Ii .. 528.84' .d - 27'24'-Ir
L .. 2tU.02'
C - 250.62'
(;8 .. SfI'21'09~
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2100 A/afoyo Trail, Suite 203 • Oviedo,
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SECTIONS 31 8 3~ TOWNSHIP 23 SOtJTft RANGE 29 EAST 8 SECTIONS 5 8 4 TOWNSHIP 24 SOtJTft RANGE 29 EAST ~ DATE: /2-/7-/2
PREP BY: roW.S.
DRAWN BY: row.s.
Page 16 of 16
JOB #: 12-/60
(j
190
Road Impact Fee Agreement Pavilion at Sand Lake Mandarin Drive E;"1ension
Exhibit "C" Sketch and Legal Description of Mandarin Drive ROW
C-l 4829·9879·9107.13 33357/0022
191
SKETCH OF DESCRIPTION (SEE SHEET 2 FOR DESCRIPTION)
/ - NORTH /.JNe or N£ 1/4
SAND LAKE ROAD (STA rr ROAD 482)
L-
SeC 31-23-29
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I I R=1196.00' fr=i42'J1'05"
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CB=NJ7'14'13"E
S58'29'46 H W21.7,47' SS"LY BOUNDMY OFO.C. S!wtR UNr:rASf:l4NT
/I'l Y BOUNDARY OF LANDS orSCRIBED IN ORB $983, p.G 2167
,
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- - - LANDS DESCR!BEq IN o.RB 69B3, PO 2167 ~----...~
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PQQ SE COl
PRB6SBj, PG 21,6?", , ANQ ANGLE
POIN r IN HLY BOUNDARY OF lANDS DESCRIB;:;OIN ORB5Sji:i, PG~~17
DONALD W. MCINTOSH AssbclATES i INC,
ENG!NEE'RS
PLANNERS' SURVEYORS
22bdP),RK AVENUENQRTH, WlNTER PARK; fLQRIDA32789 (401) 644-4068 , cERTlFlC!, 'IE OF AUTHORl ZAriON ~o, L9Se .
DRAWt~ BY:~ CI-\ECI<\ED BY: P.T. I DATE:'
OSij7j05
~Iie Nd~e:
OATE:
05/1'1;05
pREPARED FOR:
tMC Properties, Inc.
PROPOSED, MANDARIN ,DRIVE R/W .,. REVISIONS:
we,
08/24/12 RE:V1SEOCERTIF1C:Aj/ON, DESCRIPt/oN'AND SKETCH 09/02/p5 RE:.,.IS$VrD, NO CHANGES; , ,, 05 . J1 05 REVISED MAND).RIN ROAD TO MANDARIN DRIVE;
~~~~-,------~---+~~~~~~~~~~~~~~~~--~
JOB NO,' 22202(240;6.001'5)'
SHEET OF.
tiWGNO
2
C$#6~'-270
F: \Proj2bl1 \i1220V3dw.g \sod\Mondorln.dwg
r:\Proj2011\11220\Sdwg\SOD\Nandarin.dwg, 6/27/2014 10:44:55 AM, j:500, PREPARED BY DONALD ~laNTOSH ASSOC! INC;
W:
192
SKETCH OF DESCRIPTION (S[E SHEET 1 rar::
PROPOSED MANDARIN DRIVE EXTENSION
NORTH PORTION OF R/W. ON LANDS OF LMC
DESCRIPTION' That pad of Section 31, Township 23 South, Range 29 Easi, Orange County, Florida, described as foilolVs: Commence at the Southeast comer of lands described in Official Records Book 98B3. Page 21{)7, of th.e Pul;>lic Records of Orang€' Gaunty, Florida, said Southeast corner also /:Jeihg on angle point in the Northerly boundary of lands described in Official Records Book 5638, Page 3517, of said Public Records; thence run N8g"54'59"W along the. Northerly bOL(hdary of said lan<;i$ describecl ih Official Records. Book 5638, Page 3517, for () distance of 2623.74 feet to a point on a non- tangent curve con cove Southeasterly hoving a radius of 2600.0Q feet and () chatq bearing pf N54'/1'16"E; thence rem Northeasterly along the arc of said curve th(i?u.ghiJ central onSle of 08"36'59" for q distance of 391.OQ f,"et to thi;1 point of tangency; thence ((,In N5E3"Z9'46"E for (] distance of 771.64 feet to the point of curvature of a curve concave Northwesterly haVing q radius of 1246.00 feet and 0 chord beoring of NJ6'54'37"E; ther)ce run NortheosterlY olong the 'Orc of saId curve through a central angie of 4.3"10'18" forq distance of ~38.85 feet to d point in the NortherlY bouQdory of the aforesaid lands described in OfficiolRecords Book 6983, Poge 2167, and 10 tf)e POINT OF BEGINNING; thence run Northerly, along said curve, now concaVe Westerly having iJe radius of 1246.00 feet and <;l c:hprd bearing of N06'11 '33"[; thence run Northerly along the orc of said curve throu<]h a central angle of 18'15''19'' for a distance of 397.18 feet tCl the point of tangency; th~nce run N02'56';Z1''W for a distance of 584.32 feet to the Southerly tight-of-woy lineaf Sand Lok.e Rood (State Road No. 482), SQjd ?()utf;lerly right-of-'wby line being 150~OO feet Southerly from the North line of the Northcast1/4 of the aforesaid SectiClrJ 31; then.ce run S(lQ'32'07"W along said $ol1ther/ydght-of-: way /ine for p di$tance of 100,09 feet: thence, d<,!parting said Soqtheriy rfght--of-wdy line, run S02'56~21"E for a distance oJ 588.64 feet to the point ofturvature "of a ,curve concave Northwesterly havibg a radius of j 146.00 feet and <:1 chord beC)ring Of S27'46'4;Z''Wi th.ef!ce run Sou.thwesteriy Qlol1Q the ore of said curVe through 0 central angJ~ of 61.'26'07" for a distance of 1228.80 feet to the point of tangency ondtoo point on the Southeasterly boundary of all. Orang~ {;(;)ljnty Still'er Une £?semenl desqribe.d in Qtficial Records Book 34QO, Page 1743; DffiqioJ Rec.;)rd~ Book ~406, Page 1334 and Official Records Book J4Q9, Page 1251, and ci 20,00 feet wide. Orange County Utility Easement described In Official Recorc!$ Book .3104, Page 495; th~nce run SqB'29' 46"W . aiCing i>oid Southeasterly boundqry f(:jr a disioMe. of 217.47 feet to the Northerly poundary of the aforesaid lands described in Official Records 800k 6QBJ, Page 2167; thedce run S89'54'p9"EpJang said Northerly boundary for a distance of 95,46 feet to on Qngle point therein; tlience Nm N58'29'46"E along said Northerly .~o(1hdor'y for a ells/pbce o,J 136,16 teet .to the point of curvature. of a CliNe cp(icave Northw:csterly having q. radius of 1196,00 feet and a chord bearing of N3T14'13"E; thence run Northedsiedy olong tpe are; .of said cL)rve throUgh a centrol On&lle. of 42'JI'Q5" for a distance of 887,53 feet to a non- tangent line.' thence run 589'54'59"E for 0 distonce 51,9Q feet to the POINT OF BEGINNING.
of
Containing 3.445 acres more or less and being subject to any rights'-of-wQy, restrictions and easemerits .Of
record.
SURVEYOR.'S NOTES; This is not a boundary survey. - 8eorihgsbosed on th.e Northerly boundary line of lands described in Oftlciol Records Bbok 5638, Pdge 3!fi17; 9f the Public Ri:cords of Orange County, Florido, being N89'S4'59"W, per deed. - Lond!) shown hereon were not opstracted for rights-ot-way, easements, ownership arother in strum en ts of record by this firm.
·_'1 11 . ..' 22Gb PARK
I DRAWN
Existing f;lQsements Qnd rights-of-way deplpfed hereon whkh were c;reated by separate document are sbown for informational purposes only. Depiction of soid easements and rights-,of;--l'foyshall. not serve to modify or reimpose
some.
PREPARED FOR:
DONALD W. MciNTOSH
ASSOCIATES; INC, '. ENGINEERS PLANNERS SURVEYORS AVEtM: NORtH, WINTER PARK, flORIDA 3;1789 (407) 644-4068
I;lY: P.T. i DArE: OS/i7!05
Cf.RtlFI.CATE OF AUTfi.ORIZATION NO. Le~8
ICHECKED By:F'·T. I I DAT!'::
JOB NO. o~~ ~2Z02 (24027.0015)
Fife Nome: F: \Proj201l \11220\Sdwg \sod\Mandorln.dwfi
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REVISIONS: 0. B~'<'2412 REI1Sm CER1)FlCA no"!, DE.SCRIP1l0N AND SKETCH Or;J/D'i/05 RE-JSSUED•. NOCHANti£S;
o
SCALE 1"",500'
LMC Properties, inc.
PROPOS£D MANDARINDRIV£ R/W - LM.9.
31(05. REWSED MANDARIN ROAD TO MANDARIN DRIV[;
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193
SKETCH OF DESCRIPTION SH[ET 2 FOR DESCRIPTION)
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P.ROPO$E:O MANDARIN DRIVE I.' R/W EXTENSION (1M' R/W) ~ , I
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ENGINEERS
PLANNERS SURVEYORS
2200 PARK AvENUE': .
NORTH, WINTER PARIS; fLORIDA 32789 (407) 644-4068 . '.CE:~rnrICA1Et OF AUTHORrlA110NNo..lB68
D~AWNBY:P.T. .'
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PREPARED FOR:
L/y1C Properties {nco l
PROPOSED MANDARIN 081V£R/W- UGF'M
REVISIONS: OB/24/12R£V1S£O CERnFiCAnQN 011/02/05 R£VIsm (\f'sTti?tr ALIGNMENT
of PRO{,OS£D R/W; 6s!Jl!oS R£:\'isED ./.IN/DARIN )?OAD. TO. M,o.NIW
Nome: F: \proj201 1\1122D\Siiwg\sod\Mimdorln.d';g
Fl\Pr!lj2011\l1220\S~wg\SOD\MaDdarir1.d""g,8/2Z12012 lQ:46:24 11M, 1:500,
PREPARED BY DONAlDW:MCrN10SH ASSOC., INC.
194
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SKETCH
DESCRIPTION
SHEET 1 FOR SKETCH)
PROPQSED MANDAF?IN DRIVE EXTENSION
NORTH PORTION OF R!W ON LANDS OF UCPM
DESCRIPTION: That portdf Section 31, Township 23 Sbuth, Range 29 Eost, Orange County, Florida, descdbed CiS follows:
Commenoe 01 the Southeast corner of lands described in Official Records Book 6983, Page 2167, the P~b/lc Records bf Orailge County, Florida, said Soutb.e.ost corner also beinf( an. point in the Northerly boLindory of londs desctibed in Official Records Book 3517. of soid Public Records; thence run N89'54'59"W 0l.oh9 th? Norfherlyboundary of said l a n d s O i f f C i a J Records Book 563/3; Page 3517, for d distance of 2623.74 feef 10 the POINT OF BEGINNING and . a point on 0 rlgn,...tongentcurve concave Southeostedy having Q radius of 2600.00 feef and a chord bearing of N54'H'(6"E;thence run Northeasterly olOng the arc of said curve through a central pngle of 08'36'59" for Q distance ofJ91.00 feet to the point of tangency; thenr;:e run N5i3'29'46"E for a distance Of 771.64 feet to the point qf ctJtvatun~ of a curve concaVe Northwesterly havil1C) a fadius of 1246.00 feet and a chord bearing of NJ6'S4'37"£:; thence rlJr) Northeasterly oiong theorc of sold curvi) through a cehfral ongle of 43'WHf' for 9 distance of 9.'28.85 feet to the Northerly pQundory of the oloresyld lands descrIbed in Official Records 800k 69$3, Page 2}6!, and to 0 non-tqngent line; thence run N89'Ei4~5g;'W along soid NorJherly boundory for a distance of ,51.96 to a non-tangent 'curVe con.cdve Northwf':sterl'y hoying 0 of 1196.00 feet and (J chord bew·iJ)g Of SJT14'l3"W; thence run Southwe~terly olong~oid Northerly boundary and ~Iong the arc b f c w v e thio!1gh.o. ce.ntrol ongle of 42'31'05" foro Of BE?7.f53 feet t.e the poin t of tangency; thence run S5~r29'46"Walong $GiJd Northetly baunddryfor 0 distance of 136,16 feet; thence run NSQ'54'59"W alelhg said N,orther/y bo~ndory for a distance of 95.46 feef to a point on t/,1e SOtitheqsterly botmdary of an Orange County Sew~r line Easement. d.e!iJc;ribed ih Official Rec;prds Book 3400. Page 1743, Official Records Book 3406, Page 1:J34 qnd Official R¢cqr:# Book. 3409, Pag~ 1251 and a 20.00 feet. wide Oro(Jge cciunty Utility Easement de.scribed in Official Records Book 3404. Page 495; tl]lj;(lce run S58'29~46"W along said SoiJtheosterlYlJoutidory for a distatice of 55401 7 to. the point of curvature of a curve concave Southeosterly haVing (] radius oJ 27D.o.()O fee:t and a chord p<;aring of 551'34'53''\0/; thence; deporting said Southeasterly boundary, ruh SoutQw~s;t~rly 0190g the arc of soid curve through a centrol dog'le .of 13'49'46" for a distance of 6.51. 70 feef to the point of tangency; thenc;e (lin S44'40'.oO·!W for a distalilce 9f 1265:58 feet to the point gf curvature of 0 CUr-VB conc9vi; Northwesterly haVing 0 radius of 115.0.00 feef ahd Q chord beorlng of $47'14'JO"W; thence run$ou(hwesterly bloD9 the orc of !ibid (;Llp!e thro.ugh a centro/angle of mrOg'01/t for a distO(1ge. of 1.03:37 feet to a non-tangent line; said non-tangent libe being in the aforesaid North'!!"ly QPuqOQry of (dnas describi;d in Offield, R/!icqrqs Bool< 5638, Page 3517; thence run $60'J2~44'ip along SQid Northerly Qounddry for a distance of 126.47 feet to 0 non-tangent curye conc9:ie Northwesterly hav.ing a rddiiJs qf 1250.00 feef and q ctio"·d bearing Of N4fi·05'3t"f;thence. deparHnQ, said Northerly baunC/ory, run Northeasterly along the arc of sdid c~rv€Jthr9ugh a centrol. i:mgl.e of 08~5rO:Y' for o. distan.ce of 19"3.1.0 feet to the point of tangency; thence run N44~40'OO"E for 0 dis~QrH:;eof 1205.5f) feet to the point of ct.Jrvciture of a curve Qoi1cQve Southeost/':ily having a roqilJs of 2600.00 feet and Q chord bearing of N4TI6'23"E] thence run Noilbea§t~tly a/ohgth,e .orr: of said curve through d iien.tral angle of 05'12'47" for a dlstonce of 236.56 fe.et to the POINT OF BEGINNING. .
teet
Containing record.
7.194 ocres more 01' leSS and being subject tp ony rights-ot-way, restrictions and easement'? bf SURVEYOR'S NOTES: - This is not 0 boundary survey. - Bearings based on the Northerly boundary Ii/ie of lands de.spribed in Officio I Re<:;ords B.oaK 5638, page 3517, qt the Public Records of Orange County. Florida, being NBFr54'59"W, per (;feed, ~Qnds shown
hereon wc;re noi abstracted for righfs...:.of....:way. easements. or other instruments of record by th!sfirrn, - Existing easements and rights-of-way dePicted hereon which were created
ownership
by separote document ort; shpwri for inform Otion al purposes only. bepiction of said easements and rights-of-way sholl hot serve to mQdify or reimpose some.
I_I .
DONALD W. MciNTOSH
• ASSOCIATES. INC, . ENGINEERS PLANNERS SURVEYORS
2200 PARK AVENUE NORTH. WINTER PARf<" FLORIDA 32789 (407) 644-406,8 C;ERl1FICAlE OFAVTHORJZA~ION /
DAlE:
05/17(05
JOB NO. 22202 (24027,0015)
rile Nome: F; \Proj2Ql 1\ i 122D\SiJwg \soiJ\Mol1darln.dwg
PREPARED FOR:
LMC Properties, Inc;
PROPOSED MANDARIN DRIVE: R/W - uqPM
REViSIONS: 08/24/12 REVTS£D CfR71FlCATlON 09/0:/./0.5 REVISED v,'f:;rT£/1L At:.JGI;IM£NT OF PROfOS[o RIW;
r
05/Jl/05 REVISED MANDARIN ROAD TO MNID.A,RIN DRIVE;
SHEET OF
2 2
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sl9958desc
F;V~rojl.Oll\i122ri\Sdwg\SQD\Mai1d~rin.dYlg, 8/27/201211',06:26 A~1, 1:500, PR1;PARED 8'( bONAtO W. MciNTOSH ASSOC., INC.
195
SKETCH OF DESCRIPTION (SE£ SHEET J FOR DESCRIPTION)
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DATE:
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PREPARED FOR:
DONALD W. MciNTOSH ASSOCIATES.' lNc. ENGINEERS
wiNii::R PARK, fLORIDA 32789 (4irl) qERTiFICAJE OF AU'fHQRIZA ilON !':la. LBBS JOB NO. 22202 (24027;0015)
644-: 4066
RE\;j$IONS:
R.(is£D
LMC Properties, Inc.
PRf)PpS£O MANQARIN DRlvr.R!1'/
PLANNERS SURVEYORS
"2200P'ABK AVtNllE N0RTI:l,
D.RAWN BY:
..
FlQridq ~~g~st~t:~d Sur~yor qn'~' t.f,oppcr Cenineo!. No. 1517 .
OIlS
/:Me'
.
08/24/12 RtwS£D CERl1FlCA'llON
e9j02/05 ~f:YlS£D ~i:.!GNi'!E'NT OF MOPO,SED R~ .
0
05/31/05 RfVlSfD MANDA.RIN ROAD T(J MANDARIN DRIVe:;
SHEET_ _1_·_
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File Ndme: F:\Proj2011 \11220\Sdwg\$od\.!andarir.~dw!i F;\PiojZOll\11~20\Sdwg\SOQ\1'1andarin.dwg, S(17120121():S4~44 AM, 1:500, PREPAR~O BYpONALD W. Mc;INTOSH Assoc., INC.
196
SKETCH OF DESCRIPTION (SEt SHEET .3 FOR D£SCRiPTlON)
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PROPOSED MANOARIN ROAD R/W EXTENSION (100' R/W)
I
N89"08'45"E 1970.82' --------------
....
~89'0a'45·W 1J9'6;-g--.1' -.-. ~
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S89'OB'45"W 57:3.91' BOUNDAR Y O/': LANDS
DESCRIElED IN
WEi
.
5638,PG J5i 7
LANDS DESCRISED IN ORB 5638, PG 3517
SURVEYOR'S NOTES:
-
This i~ not a boundary Suryey.
~. Bearings b(1Sed on the Northerly boundory line dflands described in
OffiCial R~Gofds Book 5638, Page 351}, of the Public Records of Orange
County, Florida, being N89"54'59"W, per qeed.
- LOndS shown hereon were not abstracted for rights-at-way, easements,
ownership ar oth.er instruments of record py this firm.
- Existing easements and rlghis-of":"woy depicted hereon which were created
by separate. document are shown for inform at/arlOl purposes only. Depiction.of
soid easements and rights-of~way sholl not- serve to modify or reimpose same,
(SEE SHEH J FOR DESCRiPTION)
DONALD W. MciNTOSH
PREPARED. FOR:
ASSOCIATES, INC. ENGJNEERS PLANNERS SURVEYORS 2200 PARK AVENUE NORTH. WINTER PARK, FLORIDA 32789 (+07)644-4068 CERnFICATE or AUTHORIZATION Na. lB68 DRAWN BY:..£:I:..... DAJE: 05117/05
JOB NO, CHECKED BY:~ 22202 (24027.0015) DATE; .05/17/05
LMC Properties; Inc.
PROPOSED MANDARiN DRIVE R/W - LMC
REVISIONS: 08/24/12 REVISED CERTIFICATION 09/02/05REvis£D ALiGNMCNT OF pRoposm R/W; . ·05/31/05 REI1SED MANDARIN ROAD to MANDARIN DRIVE;
SCALE
SHEET
2
OWG NO.
1·~500'
OF
3
CStf05-272
File Name: F: \Proj2011 \11220\Sdwg\sod\Mandarin.dwg F:\proJ2011\1l220\Sdwg\SOD\Mandarln.dwg, 8/27/2012 10;S~;20 AM, 1:500, PREPARED BYDONALD W. MCINTOSH ASSOC., INC.
197
SKETCH OF OESCRIPTION SHEETS
1
&
2
FOR SKETCH)
PROPOSED MAt'WARIN DRIV£ EXTENSiON
CENTRAL POrcH/ON OF R/W ON LANDS OF LMC
DESCRIPTION: That port of Section 31, Township 23 South, Range 29 East, ,ond fhot part of Section 36, Township 23 SOllth, Range 28 East, Orange CQunty, Florida, described as (ollo',Vs: Commence ot the corner of londs described in Official Records 800k 6983, Page 2"167, of the PubliC Records of County, Floridq, said SOlitheast cof(ler being an angle point in the Northerly boundary o.f Iqrids iri Officidl Records 860k 56J8~ Page 7, 9f said Public Records; thence run NB9'54'5f/''W along Northerly bbundqry of sold lands described in Official {'?e<:;:ords 8061< 5638, Page 3517, for iJ distance of 2623.74 feet to a point on a l1ori.-:targent curve con¢ove South$Qsterly having a radius of 2600.00 and a chord beqring of S4TI6'23"W; thence, deporting said Northetly i.)oundcity, tlln Southwesterly along arc of said curve through a cen/ral angle of 05'1.2'47" for a distance of 236,56 feet to. the point of h:mgency; thence (un S44"40'OO"W ~or a distanc.Q of 1:;:05,5$ feet to the point of curvature of a curve concaVe NorthWesterly having a radius of 1250.00 feet and a Chord bearing of S49'05'31"W; the[lce rUn 5?outhwesterly along. the (JI"C of said curve through CJ central angle of 08'51 '03" . for a distance of 193,70 feel to a. point in the aforesaid Northerly boundary of fonds qescribed In O(ficial Repords 800k q6JB. Page 3517, of said Public Records! ahd tl;e P(j)INT QF8fG1NNING;theri¢e, deporting said Nqrther/y boundqry, continue Soutnwesterly. 010.119 sdid .curye coneav<'! NorthWesterly having 0 radius of 1250.00 f€!et and a chord bearing of S71'1~'54"W; tfirpugh (1 angle of 3::>"37'42" for (Jdistam;e of 777.29 feet to said Northerly boundary and fo the PQiiJi Of tqnge(lcy; thence fun SB9"08'45"W qlpng $(i.i9 Northerly bouMoi:y f9f a i:listoht:e of 573.91 feef to its f.ntert:j:'?ct~oh with the West line of the Southw.est 1/4 of the oforef2'old $ect;(m 31; th8;nce, cohtiniJe S89"Otf18"W along said Nodherly bouridary fof Q d;siooc.e of 1.396,91 feef to the point of ciJi'vd~(ire of a CUrVe tqnc(;lve Northerly having a radius of 1.250,00 and a chord bearing of N69'57'17"W; ttiehce~ deporting sgid Northerly botmfiary, (iJn Westerly along the arc of soidcurve through a central angle 0(41'47'56" for a distance of 911.91 f<;iet tt) q point on q f)Qn-tdngent curvetoncove Ei:i,~tetly h.6ying d radius of 613.0Q fget and d chord bearing of N1S'52'S7''W; thence nin Northerly olong said Northerly boundary and along the orc of said Cllrve through o central angle of ·21'26'46" for 0 distance of 229.45 fee.t to o. non-tangent curve concave SouthWesterly having ¢ rodius of 125.0..00 feet ong a chord bearing of 54Y03'25"£,; thence, deporting said Northerly l boundary, run $outhedsterly alOng th~ .iJri: of sdjq cl.lr~e ihrough d csptroj origle of OZ25 S8" for 6 disiof)<:;¢ qf 53,08 feet to the point of jeVl':rl?e, curvo.ture Of a c,::tirve concave Northerly having 0 radius of 11$0,0(; fr;et and d chord /)earing of $66'29'50"£; the,Ace filii Ebsterlyaiang the ore of soid curv~ throt,Jgh a centraiangle of 49'00'49" (oro distance Of 983.77 feef to the point of tangency; thence (un N89'OS'45"E for a disf911ce o.f 1970.82 redio the point .or curvature of a curve concQveNortherly having Q rodil.isof 1150.00 feet qiid a chord beafing of N69'2~'5J'!£; tlllmce rUI] Eostetly aiong the arc sd!(I curve iprough a centrol o(l.gle of 39"19'44'" (Of d distance of 78fL3[.l feet to a point In the aforesaid North/'irly b'oundary of lorii;:ls described 1(1 Official Reoord~ 8001< 5(i3ljJ, Page 3517, . ahd to
to.
pf
BtG1NNING, COl1talning 8.587 ocres m.ore or less and being subject to any of record.
rights-or-way, restrictions and easemenls
(SEE' SHEET 2 FOR StJlfV£YOR~S NOTES)
I_I
DONALD W. MciNTOSH .
ASSOCiATES, INC,
ENGINEERS
PLANNERS SURVEYORS
2~OO PARK A\JENUE NORTH, WlN,TER PARK, FLOR!DA 3?789 (407) 64h4068 .;;f::BllFICA1£ OF (;u1)1oRiZA'TION No; LBet) GHECKED By:3:I:DAlE: o5/i7/05
File NOl1'le.1Fl \PrOj20n \ 11220\Sdwg \sod\Mondarin.dwg
PREPARED FOR:
LMC Properties, Inc,
PROPOSED MANDARINORil>£ R/W
LMe
REViSIONS;
08/241)2 R£V1S£D CER·llFICA1l0N Ofl/OZ/05 Rn1~ED ALIGNMENT OF PROPOSED R;W; 05 31· D5. R[viS[D MANDARIN ROAD TO MANDARIN:DRi'tf:;
SHi;:ET
OF .
3
DWG NO. CSIf05-272
slS959desc
f:\Pioj2011 \11220\Sdwg\SOD\Mandarin,dwg, 8127/2012 10:55:06 AM, 1:500, PREPARED BY DONALD W, MCINTOSH ASSOC., INC
198
SKETCH OF DESCRIPTION ($[[ SHErr 2 FOR fJ[SCRIP770N)
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. ," ~ .." ... PRQP()~£QM.ANDARIN DRlyrINTERs£CnON OF'THE .WESTUNE . .~. R/W EXTENSION (100' RIW) or 1111': SW )/4;$E:C'. JH23::''29 .. . " . .' .WI1H JH£Wty BOUNDARY OF LANDS ~,... '. . ' DESQ~IBED 11:1 ORB $0-38; pC; 351.,
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.. N');.y eOUNOARY .OF
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QESCfll!lrDIN Of!!J 5658, P'JSI7
U(NO$.. [)FSC;R}8EO Ii'! ORB 5638, PG 3517 CURVE TABLE'..
jLENGTfI CHORD 'ICHORQE3E:ARlNG . NUMBER RADIUS jOE:LTA 2732.50' 101'02',56" 50JJ2! 50,02' 1N1J·55.~25~£ CI . 3256i()7' IOO'52'46~ 149.'98'" i$.MN3: INI4;$J'1rt Co2 ;
LEGEND.
KEI7H RUpolqlC . . ' .. - ? . ~ridp _,k~9i~,~erc~ ,Sl1r\,,!,YI!r ~"d Mapper ~rlm"ol.
No; ;?617
NQT YIILlO IIHt/our 1l-!l;·.S!GNAi1JREAIiO T/;£"ORIGJNAL RAISED SE~L QF A nOJ
nl' DO~~~~C~~T~~I~N~gSH I .
~T.411
2200 PARK; .
ENGINEERS
P~ANNERSSURVEYORS
AVENUE \~ORn-r,WI1'HERPARK, fLORIDA 327~9 (40.7) 644-4068 . CERl1FICA1E OF AUTHORIZAliON NCI.,L868
DRAWN BY: P.r... .
DATE:< 05/17/05 File
.
JOB NO,. 22202 (24027.0015)
.
PBEPARED FOR: LMC Properties, Ihc, PROPOSED MANDARIN DRive R!W - UCPM
REVISIONS; 08)24/12 REY1SEO cERTlI"IC,A,'l10N AND DES.GRiP1ioN.
06/03/09 .CPRRECTEDDI$T.AI:/lit lJ9iLwtp j396:~I1';
09/02Q5. flEViS£O JI'ES1F:RLY AUGNM£Nr OF PROPOS£D.R/W;
SCALE' 1'=500'
S H E . E T b W G NO~'
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NiJm~: F; \Pr.oj2011\11220\Sdwtl\sodWondarln;ifwg
F:\Proj2011\1l220\Sdwg\SOq\r,lan(larin,dwg, 8J27/2.01210:59:27 AM, 1:500, PREPAREO BY DONAtDW,MCltrrOSH Assoc" INC,
199
SKETCH Qr DESCRIPTION (S£E SHEET 1 FOR SKETCH)
PROPOSE:D MANDARIN DRIVE EXTENSION
WEST PORTION OF R/W ON LANDS UCPM
DESCRIPTION:
Thot part of Section 36, Township 23 South, Ronge 28 East, Orange County, Florido. descriped as follows:
,
Commence at the intersection ·of the West .line of the SoLlthwes.t 1/4. of S~dion 31, Township 23 South., Range. 29f;Qst, Orooge Cduh~y.. FJqricio, wi.lh the Northerly boundary of lands described In Official Records Bo6~5638, Poge J5j7~ of the Public Records of Orange County; Florida; thence rur) S89'OB'45"Wo!ang said Northerly boundary, forb distance of 1~96.91 feet to the point ofcur1(afureof Q curve concave Northeasterly having (; radius of 125Q,00 feet and tJ .chordbearin9 of M69'57'17''Withe:rce, deporting sard Northerly boufjdary, run Nortt:.westerly along the arc of sold curve through a central angle of 41'47'56" for a qistance of 911.91 feet ta Q point in .the aforesQici Northerly boundpry of lan.ds described In Official Rec.ords Bo.ok 56.38, Pag~ ~5!7, and t/j/;~ POINT OF BEGINNiNG,' thence continue Northwesterly, olong the are at said curve C()hCave Ng,rtheosterly having 0 radius pf 125f),QO fe.eJ, (){1cf Q c~ord beyring of N45'26'52"W, through 0 central angle of 01'12'5:3" for a distance 0(157.40 feet to th.e point of reverse curva/we of q curve. concave Southwesterly havingq radius of 1150,00 feet and a chord bearing of N58'4i'4i'W; thence' nm Northwesterly th/il orl;: of $ciid curvy. through a oentrol angle'of 3,3'42142" for d distance of 676~64 feet to the pofn~ of tangency; thence run N7S'J3'08"W foi' d distah¢e ofBQ28 (eeltdtre Easterly' right-of-woy line of Universal Boulevard (vor'ioble wigth R/W) said UniVersQI8oulevord formerly known as {?epubllc Dfiv~, as; !>hpwl) on .the plot of PLAZA IN7ERNAJiONAL .UNI r·y, said plat .. os re66rdeq in PIClt BpOK 14, Page 1:)8, ofsa/d Public Recor(js, ond to (J point a n o n - t t cu{ve ~onci:J'lie Easterly h.oving (] rodius of 2732.50 feet and achordbeqring ofNl:?'55'26."£: thencfi run N'ortl)etIYo/c)ngthe arc of s~oid 9i.jrV~ throtigHacentralangle of 01 ~02~56" for a distance of 50.iJ2 feef to fhe point ofco"!pound curvature (If d curve conceive £qsterly nciyin\] a radius of 3206.07 feet and (J chord bearing of N14.'53'1?"E; thence run Northerly a/gngthe arc of sold ¢iJtve fhrough ci'mtfol 9,!g/e 9f J!)O~R?' 46" forqr;llstbric(,; of 4:9,98 feet fo qnon-tangenr .Iine; thence, . departing said [asterry tigh.t-of~way lin~i fun S?5'J.3'qttE fo( a distpnce gf 60.3{5 fe{!J to the point of curyotur~ of a curVe concave. Southerl.y having a radius 0(1250.00 feet and a chordl:i€'Qring of 559'54,'46"£; thenc,1!! run Easterly along the ,orc. of ,said curVe thrqugh ocentr.ci/ ong/€! of 31'16'44" for adislonce of 682.4D feet to a point in the dforesold Nodh-erlybbundary ahd ·to. a point on 0 non.;..fongenl curve qoncql,ie E.
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Containing 1.852 acres more re(:;ord.
or less and being sUb.Jt;lct to dny rights-of~way, re?trir;trdns arid easements of
SURVEYOR'S NOTES:
- This is liCIt a pbun(idrysurVey·
..... Bearir)f,}s based on the Northerly boundary line ((f lands described in Official Records .Book 5638, Pag? 3517, Of the PUQlic Records of Orange County, Ffor'ida, /ising N89'54'59"W. per deed.
own
Londssh hereon were not obstrqcted for rigtJt$:....Qf~wdy, eosemertts, ownership or other instruments ot record by this· firm.
- fxisting~ose.ments and rights-or-Way {iepicted hereon which were created by separate dOCUfT)1F1it ore shown for il1for:t'r!'ot/ona/ pwposes only, D.epi6tiQn Of soid easements and rights--of~w(Jy sholinot serve to modify or reimpose same.
I_I .
DONAl.D W. MciNTOSH
PR.EPARED FOR:
ENGINEERS
PLANNERS SURVEYORS
2200 PARK AVENUE NORTH. WINTER PARK. fLORIDA 32789 (407) 64'4-~OQ8 .
CER'!lFICATE dFAlrrHORIZATION
NO. LBS8
II
DAT~: . 65;J7j05
DAT~:. 05/1'7;05
.
!
II DRAWN BY: pj: I CHECKED 8Y;~ I
JOB NO. 22202 (24D27.(iOI5)! •
File No"!": F: \Pt9j~0l1\11220\Sdwg\sod\Mond"rln.dwg
LMC Properties, Inc.
PROPOSfDi.lANOARIN DRIVE R/W .., VCPM
ASBqqATES, INC,·
j"=50D'
REVI5JoNs~
08/24/12 1.l~\1SED 9£Rl1RcAnoH. AND Dt:SCf1IPTlON, 06/03/09 c;ORRECTW DlSTANCIr lJ96;3r TO 1J95:91; 09/02/05 ReV/Sfa WESTERLY 'ALIGNMENT Of PROP05F:D R/w.·
S~ET .,....
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F:"Proj2Dll\11220\Sdwg\SOD\Mandarin.dwg, B/271201210:53:52 AM, 1:500,
PREPARED BY DONALD W, MciNTOSH ASSOc"INC.
.
200
Road Jmpact Fee Agreement Pavilion at Sand Lake Mandarin Drive Ex1ension
Exhibit "D" Road Alignment Sketch
D-l 4829-9879-9107.13 3335710022
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Road Imoact Fce Agreement Pavilion "at Sand Lake Mandarin Drive Extension
Exhibit "E" Mandarin Drive Typical Cross Sections
E-l 4829-9879-9J07 J3 33357/0022
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CURB AND t;VTTER 171'£ F
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JlULTI-PUR?OSf. 1:2 OR TO SUIT PROPeRTY CM'NER. //OT FUTTER THAN /:6
TYPICAL SECTION MANDARIN DRIVE AT LOCKHEED MARTIN
N£VI CONSTEVCr ION
12' lYP£ B STABILIZATION MIN IBR 10 12' SOIL CEMENT BASE COURSE (MIN 300 PSIJ, W/Tii 3' TYPE SP STRuCTURAL COURSE (TRAFFIC C) AND 101' FRICTION CIYJR5£ FC-12.5 IRUBBER) DESIGN SPEED
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TYPICAL SECTION JlfANDARJN DRIVE
UNIVERSAL CITY PROPERTY
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Sti[ET
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NO.
LlMfTS OF CONSTRUCTiON
LIMITS OF CONSTRUCTION
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CURB ANO GUTl£R TYPE F
CURB ANO GUTTER TYPE F
MULTI-PURPOSE
MULTI-PURPOSE PATH
TYPICAL SEC.TlON
1:2 OR TO SUIT PROPERTY OWNER, NOT FLATTER THAN r:6
1,2 OR TO SUIT PROPERTY ("NER. Nor FLATTER THAN 1;'6
MANDARIN DRIVE
SAND LAKE ROAD TO EAST OF LOCKHEED MARTIN
& WEST OF LOCKHEED MARTIN TO UNIVERSAL BLVD.
NEW CONSTRUCTION 12" TYPE B STABILIZATION MIN LBR 40
12" SOIL CEMENT BASE COUl/SE (.\lIN 300 PSI!, WITii
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UNIVERSAl- CITY PROPERTY MANAGEMENT III. LLC,
SNEEr
TYPIC/!L SEcnON MANDARIN DRrVE Ai\ali'{ .J~."..t"",,'\j)o/:lJd3(j, J_..";;;1;;1 In 'il~~'J.j:;?iJ ,,~'" '<.'j;:\J '~
NO
Road Impact Fee Agreement Pavilion at Sand Lake Mandarin Drive Extension
Exhibit "F" Multi-Purpose Path and Utility Easement Project: Pavilion at Sand Lake (Mandarin Drive Extension) RAe
MULTI-PURPOSE PATH, UTILITY AND DRAINAGE EASEMENT
THIS MULTI-PURPOSE PATH, UTILITY AND DRAINAGE EASEMENT, is made this _ _ day of ____, A.D. between , a _ _ _ _,--_ limited liability company, whose address is GRANTOR, and ORANGE COuNTY, a charter address is P.O. Box 1393, Orlando, Florida 32802 county and political 1393, GRANTEE. WITNESSETH, That the GRANTOR, in consideration of the sum of and other valuable considerations, paid by the GRANTEE, the receipt whereof is hereby acknowledged, does hereby give and grant to the GRANTEE and its assigns, a nonexclusive easement for mult~purpose path, utility and drainage purposes, with full authority to enter upon, construct, and maintain, as the GRANTEE and its assigns may deem necessary, sidewalks, mUlti-purpose paths, potable water lines, wastewater lines, reclaimed water lines and any other utility facilities over, under, and upon the following described lands situate in Orange County aforesaid to-wit:
SEE ATTACHED EXHIBIT "AI! (the "Easement Area") Property Appraiser's Parcel Identification Number(s): a portion of
TO HAVE AND TO HOLD said easement unto said GRANTEE and its assigns forever. THE GRANTEE herein and its assigns shall have the right to clear and keep clear all trees, undergrowth, and other obstructions that may interfere with normal operation or maintenance of the utility lines and facilities placed therein by Grantee and its assigns, out of and away from the herein granted easement, and the GRANTOR, its heirs, successors, and assigns agree not to build, construct, or create, nor permit others to build, construct, or create any buildings or other structures on the herein granted easement that may interfere with the normal operation or maintenance of the sidewalks, multi:-purpose paths, drainage facilities and utility lines and facilities installed therein.
F-l 4829-9879· 91 07.13 3335110022
206
Road Impact Fee Agreement Pavilion at Sand Lake Mandarin Drive Extension
Project: Pavilion at Sand Lake (Mandarin Drive Extension) RAe
IN WITNESS WHEREOF, the said GRANTOR has caused these presents to be executed in its name.
Signed, sealed and delivered in the presence of:
By: _ _ __ its Manager
Printed Name
Printed Name
Witness
Printed Name (Signature of TWO witness required by Florida law)
STATEOF _ _ _ _ _ __ COUNTY OF _ _ _ _ __ day of _ _ __ by The foregoing instrument was acknowledged before me this as manager of __________-----:-_ _' a _____.. ____...._~ as limited company. He/she is personally known to me or has identification. Witness my hand and official seal this _ _ day
(Notary Seal) Notary
Printed Notary Name This instrument prepared by:
Notary Public in and for the County and State aforesaid
_ _ _ _ _ _ _ _ _, a staff employee In the course of duty with the Real Estate Management Division Of Orange County, Florida
My commission expires:
F-2 4829-9879-9107.1l
33357/0022
207
Road Impact Fee Agreemenl Pavilion at Sand Lake Mandarin Drive EX1ension
Exhibit "G"
Drainage Easement
Project: Pavilion at Sand Lake (Mandarin Drive Extension) RAe
STORMWATER
DRAINAGE EASEMENT
THIS STORMWATER DRAINAGE EASEMENT, Made this day of AD. between , a limited liability company, whose address is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, GRANTOR, and ORANGE COUNTY, a charter county and political subdivision of the state of Florida, whose address is P.O. Box 1393, Orlando, Florida 32802 1393, GRANTEE. WITNESSETH, That the GRANTOR, in consideration of the sum of and other valuable considerations, paid by the GRANTEE, the receipt whereof is hereby acknowledged, does hereby give and grant to the GRANTEE and its assigns, an nonexclusive easement for drainage purposes, with full authority to enter upon, construct, and maintain, as the GRANTEE and its assigns may deem necessary, a drainage ditch, pipe, pond or facility (the "Drainage Facilities") over, under, and upon the following described lands situate in Orange County aforesaid to-wit:
SEE ATTACHED EXHIBIT "A" (the "Easement Area")
Property Appraiser's Par'eel Identification Number(s): a portion of
TO HAVE AND TO HOLD said easement unto said GRANTEE and its assigns forever. THE GRANTEE herein and its assigns shall have the right to clear and keep clear all trees, undergrowth, and other obstructions that may interfere with normal qJeration or maintenance of the drainage ditch, pipe, or facility, out of and away from the herein granted easement, and the GRANTOR, its heirs, successors, and assigns agree not to build, construct, or create, nor permit others to build, construct, or create any buildings or other structures on the herein granted easement that may interfere with the normal operation or maintenance of the drainage ditch, pipe, or facility. Grantor reserves the right, at its sole cost, to redefine the description of the Easement Area and relocate or replace the Drainage Facilities in connection with Grantor's design and construction of a permanent drainage system. If Grantor relocates the Drainage Easement, it shall do so in accordance with Orange County's procedures for such actions and vvilJ record an amendment to this instrument in order to redefine the description of the Easement Area.
G-l 4829·9879·9107.13 33)57/0022
208
Road Impact Fee ""'''''IIH'nI Pavilion at Sand Mandarin Drive Extension
Project: Pavilion at Sand Lake (Mandarin Drive Extension) RAe IN WITNESS WHEREOF, the said GRANTOR has caused these presents to be executed in its name.
Signed, sealed and delivered in the presence of:
BY: _--::--:--:-_ _ _ _ _~...._ __ its Manager
- - -..- - - - - - - - - - - Printed Name
Printed Name
Witness
Printed Name (Signature of TWO witness required by Florida law) STATEOF _ _ _ _ _ __ COUNTY OF _ _ _ _ __ The foregoing instrument was acknowledged before me this _ _ day of _ _ _ _, 20_ _, by as manager of a _ _ _ _ _ _ _ _ __ liability company. He/she is personally known to me or has produced _ _ _ _ _ _ _ _..____ as identification. Witness my hand and official seal this ._ _ ~ day
(Notary Seal) Notary Signature
Printed Notary Name This Instrument prepared by:
Notary Public in and for the County and State aforesaid
_ _ _ _ _ _ _ _ _, a staff employee In the course of duty with the Real Estate Management Division Of Orange County, Florida
My commission expires:
0-2 4829·9879·9107 D 33357/0022
209
Road Impact Fee Agreement Pavilion at Sand Lake Mandarin Drive Extension
Exhibit "H" Temporary Construction Easement This instrument prepared by:
Project: Pavilion at Sand Lake (Mandarin Drive Extension) RAC
TEMPORARY CONSTRUCTION EASEMENT
For and in consideration of other valuable considerations, and of the benefits accruing to us, we, , a corporation organized and existing under the laws of the state of _ _ _ . _ _' having its principal place of business in the city of county of -::-:-:_---,.,--,--._-:---:--., whose address is GRANTOR, do hereby give, grant, bargain, and release to ORANGE COUNTY, a charter county and subdivision of the state of Florida, whose address is P.O. Box l393, Orlando, Florida 32802-1393, GRANTEE, a temporary easement to enter upon the portion of the lands of the owners being described as follows:
SEE ATTACHED EXHIBIT "A" P.·operty Appraiser's Parcel Identification Number: a portion of
for the purpose of tying in and harmonizing said property and the driveways, walkways, etc., thereon with the construction to be undertaken by ORANGE COUNTY, FLORIDA, in conjunction with said construction of said easement. THIS EASEMENT is granted upon the condition that the sloping and/or grading upon the above land shall not extend beyond the limits outlined, and that all grading or sloping shall conform to all existing structural improvements within the limits designated, and all work "vill be performed in such a manner that existing structural improvements will not be damaged. THJt' EASEMENT shall expire upon the completion of the construction of the said project or after seven (7) years, whichever occurs first.
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Road Impact Fee Agreement Pavilion at Sand Lake Mandarin Drive Extension
Project: Pavilion at Sand Lake (Mandarin Drive Extension) RAe
day
of
IN WITNESS WHEREOF, the said GRANTOR has caused these presents to be executed on this A.D. in its name by .~.__
its
Signed, sealed, and delivered in the presence of:
Witness
Name
Printed Name
...
---~
....
Title
---~~~~-
Witness
(Corporate Seal)
Printed Name (Signature of TWO witnesses required by Florida law)
STATEOF _ _ _ _ _ _ _ __
COUNTY OF _ _ _ _ _ _ __
I HEREBY CERTIFY, that on this day, before we, personally appeared , as of , a corporation under the Jaws of the state of ~_ _ _~~~_~_, to me known to be, or who has produced _ as identification, and did (did not) take an oath, the individual and offieer described in and who executed the foregoing conveyance and acknowledged the execution thereof to be his/her free act and deed as such officer thereunto duly authorized, and that the official seal of said corporation is duly affixed thereto, and the said conveyance is the act and deed of said corporation. Witness my hand and official seal this ~_.. day (Notary Seal)
Notary Signature
Notary Name Notary Public in and for the county and state aforesaid
My commission expires:
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Road Impact Fee Agreement Pavilion at Sand Lake Mandarin Drive Extension
Exhibit "1"
Slope Easement
This instrument prepared by:
Project: Pavilion at Sand Lake (Mandarin Drive Extension) RAC
PERMANENT SLOPE EASEMENT THIS INDENTURE, made and executed the _ _ day of , A.D. by having a corporation organized and existing under the laws of the state county of , whose address is its principal place of business in the city of GRANTOR and ORANGE COUNTY, a charter county and polltical subdivision of the state of Florida, whose address is P. O. Box 1393, Orlando, Florida 32802-1393, GRANTEE. WITNESSETH, That the GRANTOR, in consideration of the sum of and other valuable considerations, paid by the GRANTEE, the receipt whereof is hereby acknowledged, does hereby give and grant to the GRANTEE, its successors and assigns, a slope easement solely for the purpose of insuring the integrity of the county road which runs over the property encumbered by this easement. This easement is to allow GRANTEE to maintain the elevation of the road, to GRANTEE'S specifications, with the right to grade, excavate and/or add fill material to the easement area; and the right of access in, over and upon the following described lands of the GRANTOR situate in Orange County aforesaid, to-wit:
SEE ATTACHED EXHIBIT "A" Property Appraiser's Parcel Identification Numbcl-(s): a portion of
THIS EASEMENT is solely for the purposes noted herein and does not obligate GRANTEE to perform any right-of-way maintenance or other duties. TO HAVE AND TO HOLD said easement unto said GRANTEE and its successors and assigns forever. THE GRANTOR covenants with the GRANTEE that the GRANTOR is lawfully seized of said lands in fee simple; that the GRANTOR has good right and lawful authority to grant this easement and shall take no action to interfere with the GRANTEE'S lawful use of said easement; that the GRANTOR hereby fully warrants the easement being granted and will defend the same against the lawful claims of all persons whomsoever.
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Road Impact Fee Agreement Pavilion at Sand Lake Ma!ldarin Drive Extension
RAC
Project: Pavilion at Sand Lake (Mandarin Drive
IN WITNESS WHEREOF, the said GRANTOR has caused these presents to be signed in its name by __~_______________________________,its _____________________
Signed, sealed and delivered in the presence of:
--------...._ - - - - - - Witness
Name
Printed Name
----------- - - _...._------ Title
Witness
(corporate seal)
Name
Signature of TWO Witnesses required by Florida Law) STATE OF _ _ _ _ _ _ _ ___ COUNTY OF , A.D. 20_, before me personally I HEREBY CERTIFY that on this _ _ day of appeared as of , a corporation under the laws of the State of , b me known to be, or who has produced as executed the foregoing identification, and did (did not) take an oath, the individual and officer described in and conveyance and acknowledged the execution thereof to be his/her free act and deed as such officer thereunto duly affixed thereto, and the said conveyance is the act and deed of said corporation. Witness my hand and official seal this _ _ day
(Notary Seal)
_ _ _ _ _ _ _ _ _ _ _,20
Notary Signature
Printed Notary Name Notary Public in and for the County and State aforesaid My commission expires:
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Road Impact Fec Agreement Pavilion at Sand Lake
Mandarin Drive Extension
Exhibit
"J~~
Insurance and Indemnity Provisions
Insurance & Bonds. Developer/Owner(s) or its contractor shall procure and maintain throughout the construction ofthe road improvements insurance with limits and terms as specified below. •
Workers' compensation insurance with statutory workers' compensation limits and no tess than $100,000 limit for Employers' Liability with a waiver of subrogation in favor of the County, its consultants, agents, employees and officials.
•
Commercial general liability insurance for all operations including but not limited to contraetual, products and completed operations and personal injury with limits of not less than $1,000,000 per occurrence and an aggregate limit of at least twice the per occurrence limit.
•
Business automobile liability insurance for all owned, non-owned and hired vehicles with limits of not less than $1,000,000 per occurrence.
The Developer/Owner(s) shall be responsible for ensuring that each of its contractors and subcontractors of every tier procure and maintain the insurance specified above and shall furnish to the County evidence of such insurance prior to commencement of construction. The County shall be listed as an additional insured on all insurance policies required herein, except workers' compensation.
All coverage shall be primary and not contributory with any
insurance or self-insurance maintained by the County. Developer shall notify the County in writing not less than thirty (30) days prior to any material change, cancellation, or non-renewal of any coverage required herein.
Deve]oper/Owner(s) or its contractor shall procure payment, performance and warranty construction project.
bonds~in
the amount of the
The County shall be named as a dual-obligee on all payment and performance bonds.
Warranty bonds shall be assigned to the County upon completion of the project.
Indemnification. The Developer/Owner(s) shall cause their contractors to defend, indemnify and hold harmless the County, its officials and employees from and against all liabilities, claims, damages, losses, costs and expenses (including attorney's fees) arising out of or resulting from the performance of the construction activities, provided that any such liability, claim, damage, loss, cost or expense:
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Road Impact Fee Agreement Pavilion at Sand Lab Mandarin Drive Extension
is attributable to bodily injury, sickness, disease or death, or to injury to or destructio 11 of tangible property (other than the construction aetivities themselves) including the loss of use resulting there from and,
• is caused in whole or in PaIt by any act or omission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it js caused in whole or in patt by a party indemnified hereunder.
Provided however, jfthis Contract is deemed by a court of competent jurisdiction to be a construction contract under Section 725.06, Florida Statutes, any obligation ofthe contractors to defend, indemnify or hold harmless the County, its officers and emp;oyees sha!! be limited to an obligation to indemnify and hold harmless to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the contractors and persons employed or utilized by the contractors in the performance of the construction activities.
The indemnification provisions contained herein shall survive the termination of this Contract.
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Road Impact Fee Agreement Pavilion at Sand Lake Mandarin Drive Extension
Exhibit "K" Construction Cost Estimate The Mandarin Drive Extension will be constructed in accordance with the approved design and permits therefor. The anticipated construction cost for the Mandarin Drive Extension· as provided in the Engineer's Opinion of Probable Construction Costs prepared by Kimley-Horn and Associates, Inc is as follows:
$3,524,000 $5,159,563 $336,365 $224,030
Phase 1 (Sections One and Two) Phase 2 (Sections Three and Four) Sand Lake Road Improvements Universal Boulevard Improvements
$9,243,958.00
Total
Notes: L The Construction Cost Estimate may be reduced by the County Engineer or hislher designee to deduct the cost for construction of Advanced Segment(s) completed by Owner(s) on or before commencement of construction of the Mandarin Drive Extension by an amount not to exceed $5,282,26 LOO per mile times the length in miles of each of completed Advanced Segment(s). County Engineer or his/her designee shall provide Owners written notice of the reduction in the Construction Cost Estimate within thirty (30) days of construction plan approval that includes such Advanced Segment(s). 2. Construction Costs shall not include any extraordinary costs or expenses associated with treatment, handling or testing due to impacted soil, surfacewater or groundwater (e.g., laboratory analytical costs for dewatering beyond that normally required to permit such activity). 3. Construction Costs shall not include costs for sewer force mains or lines, potable water mains or lines, and reclaimed water mains or lines.
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Road lmpact Fee Agreement Pavilion at Sand Lake Mandarin Drive Extension
Exhibit "L" Form of Maintenance Surety
IRREVOCABLE STANDBY LETTER OF CREDIT NO. _ _
DATE: NOVEMBER
201 APPLICANT:
BENEFICIARY: ORANGE COUNTY, FLORIDA CIO ORANGE COlJNTY UTILITIES 9150 CURRY FORD ROAD ORLANDO, FLORIDA 32825 ATTN: ______________
ATTN: _____________________
PROJECTNAi\1E: _ _ _ _ _ _ _ __ AMOUNT: $_,_.00
THOUSAND AND 001100 U.S. DOLLARS)
DATE OF EXPIRY: NOVEMBER_, 201_ WE, (BANK), HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO.
==-=-=:=-' IN FAVOR OF ORANGE COUNTY, A CHARTER COUNTY AND POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ("BENEFICIARY"), AND AUTHORIZE YOU TO DRAW ON (BANK), BY ORDER OF APPLICANT, UP TO BUT NOT' EXCEEDING THE AGGREGATE AMOUNT OF $_,_.00 THOUSAND AND 001100 U.S. DOLLARS), IN UNITED STATES FUNDS, WHICH IS AVAILABLE BY YOUR DRAFT AT SIGHT, WHEN ACCOMPANIED BY THIS LETTER OF CREDIT AND Ai'IY OF FOLLOWIN G DOCUMENTS: 1. A STATEMENT SIGNED BY THE ORANGE COUNTY MAYOR OR AUTHORIZED REPRESENTATIVE READING AS FOLLOWS: "THE PERFORMANCE OF APPLICANT'S OBLIGATION HAS NOT BEEN COMPLETED YET AND LETTER OF CREDIT WILL EXPIRE WITHIN 30 DAYS FROM THE DATE OF DRA WING WITHOUT BEING EXTENDED OR REPLACED TO THE COUNTY'S SATISFACTION;" OR 2. A STATEMENT SIGNED BY THE ORANGE COUNTY MAYOR OR AUTHORIZED REPRESENTATIVE READING AS FOLLOWS: "BANK HAS LOST ITS DESIGNATION AS A "QUALIFIED PUBLIC DEPOSITORY" PURSUANT 1D FLORIDA STATUTES, CHAPTER 280, AND AN ACCEPTABLE REPLACEMENT LETTER OF CREDIT HAS NOT RECEIVED BY THE COUNTY FOLLOWING NOTICE TO APPLICANT;" OR
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Road Impact Fee Agreement Pavilion at Sand Lake Mandarin Drive Extension
3, A STATEMENT SIGNED BY THE ORANGE COUNTY MAYOR OR AUTHORIZED REPRESENTATIVE READING AS FOLLOWS: "TIfE DRAWING IS DUE TO APPLICANT'S FAILURE TO PERFORM TI-IE FOLLOV/ING OBLIGATION: FAILURE TO HAVE PROPERLY CONSTRUCTED TIfE WATER AND WASTEWATER IMPROVEMENTS (HERE1NAFTER "IMPROVEMENTS") AND Ivl'\INTAIN SAID IMPROVEMENTS FOR A ONE (1) YEAR PERIOD FOLLOWING ISSUANCE OF A CERTIFICATE OF COMPLETION FOR SUCH IMPROVEMENTS, SPECIFICALLY, THE STATEMENT SHALL BE TO THE EFFECT THAT: "TIfE MATERIALS, WORKMANSHIP, STRUCTURAL INTEGRITY, FUNCTIONlNG, AND/OR MAINTENANCE (MAINTENANCE REQUIRED TO ENSURE PROPER OPERATION) OF THE IMPROVEMENTS HAS BEEN DETERNIINED TO BE UNACCEPTABLE, AND SUCH CONDITION(S) HAS NOT BEEN CORRECTED DESPITE NOTIFICATION TO THE DEVELOPER," AND FURTHER STATING THE SUMS DUE AS A RESULT OF SUCH DEFAULT TO DEFRAY TI-ffi ESTIMATED COST OF REPAJRS TO THE IMPROVEMENTS, A SUM NOT TO EXCEED $_,-_,00 ~ THOUSAND AND 001100 U.S, DOLLARS) SHALL BE A VAILABLE FOR PARTIAL OR FULL DRAW BY YOUR DRAFTS AT SIGHT IF ACCOMP ANlED BY A WRITTEN STATEMENT AS DESCRIBED IN THE PRECEDING PARAGRAPHS, THIS LETTER OF CREDIT SHALL BE IN FULL FORCE AND EFFECT UNTIL NOVEMBER _, 2012 AND WILL BE AUTOMATICALLY EXTEN'DED WITHOUT AMENTDMENT FOR ONE NINETY (90) DAY PERIOD, UNLESS WE PROVIDE THE BENEFICIARY WITH WRITTEN NOTICE OF OUR INTENT TO TERMINATE THE CREDIT HEREIN EXTENDED, WHICH NOTICE MUST BE PROVIDED AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION DATE OF THE ORIGINAL TERM HEREOF OR ANY EXTENDED TERM. DRAFTS MUST BE DRAWN AND NEGOTIATED NOT LATER THAN NOVEMBER _, 2012 OR ANY EXTENDED EXPIRATION DATE. DRAFTS MUST BEAR THE CLAUSE; "DRAWN UNDER LETTER OF CREDIT NO, OF BANK, DATED NOVEMBER_, 2011." THIS LETTER OF CREDIT SHALL REMAIN IN FULL FORCE ANTD EFFECT NOTWITHSTANDING A PARTIAL DRAW OR DRAWS SO LONG AS A SUM REMAINS TO BE DRAWN OR UNTIL THE LETTER OF CREDIT HAS EXPIRED, EXCEPT AS OTHERW1SE SPECIFICALLY STATED HEREIN, THIS LETTER OF CREDIT SETS TERl\,1S OF OUR UNDERTAKING, AND SUCH lJ1'.JDERTAKING SHALL FORTH IN FULL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN, OR IN WHICH THIS LETTER OF CREDIT IS REFERRED TO, OR THIS LETTER OF CREDIT RELATES. ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE BY REFERENCE ANY DOCUMENT, INSTRUMENT, OR AGREEIVIENT. WE HEREBY AGREE WITH THE DRAWS, ENDORSERS, AND BONA FIDE HOLDERS OF ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT, THAT SUCH DRAFTS WILL DUL Y HONORED UPON PRESENT PRESENTATION TO BANK AT: UlOte: must have tri-county address (Orange. Osceola. Seminole),
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Road Impact Fee Agreement Pavilion at Sand Lake Mandarin Drive Exiension
THIS LETTER OF CREDIT WILL CONSIDERED AS CANCELLED UPON RECEIPT BY US OF THE ORIGINAL LETTER OF CREDIT OR UPON ANY PRESE1\T OR FUTURE EXPIRY DATE HEREUNDER, WIDCHEVER SHALL OCCUR FIRST. TillS LETTER OF CREDIT IS SUBJECT TO THE "UNIFORM CUSTOMS AND PRACTICE FOR DOCill,1ENTARY CREDITS," OF THE lNTERNATIONAL CHAMBER OF COMMERCE IN EFFECT ON THE DATE OF ISSUANCE OF THIS LETTER OF CREDIT, AND TO THE PROVlSIONS OF FLORIDA LA W. IF A CONFLICT BETWEEN THE "UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS" AND FLORIDA LAW SHOULD ARISE, FLORIDA LA W SHALL PREYAIL. IF A CONFLICT BETWEEN FLORIDA LAW AND THE LAW OF ANY OTHER STATE OR COUNTRY SHALL ARISE, FLORIDA LAW SHALL PREYAIL. VERY TRULY YOURS,
AUTHORIZED SIGNATURE
AUTHORIZED SIGNATURE
BANK
BANK
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I. CONSENT AGENDA FAMILY SERVICES DEPARTMENT 1
Interoffice Memorandum
AGENDt\
~lEM
FLO .. I D A
April 19,2013
TO:
Mayor Teresa Jacobs and Board of County commissiAoners~
THRU:
Lonnie C. Bell, Jr., Director Family Services Departme
/';
t;W;t1
t.Hf1'
FROM:
Jacquelyn Jenkins, Manager {;jLr Head Start Division Contact: Khadija Pirzadeh, 68 Jacquelyn Jenkins, 6 998
SUBJECT:
Florida Department of Children and Families Application for a License to Operate a Childcare Facility BCC Meeting 5/14/13 Consent Agenda/District 6
The Head Start Division requests Board approval of a renewal license application between Florida Department of Children and Families and Orange County. This license will allow the Head Start Program to provide comprehensive early childhood development for preschool children and support to their families at Callahan Head Start. The effective date of this license is from July 6, 2013 through July 6,2014. The license fee of $62 will be paid with Head Start funds. This is in accordance with legal and policy guidelines with no cost to the County. This is a standard application for a license that is required by Florida Department of Children and Families for all licensed childcare facilities. The County Attorney's Office and Risk Management Division have reviewed this application in the past for Head Start Centers currently in operation.
ACTION REQUESTED:
Approval of Florida Department of Children and Families Application for a License to operate a Child care Facility at Callahan Head Start. This application is only executed by Orange County. (Head Start Division)
JJ/kp C: Linda Weinberg, Deputy County Administrator, County Administrator's Office Wanzo Galloway, Assistant County Attorney, County Attorney's Office John Petrelli, Manager, Risk Management Division Yolanda S. Brown, Manager, Fiscal Division, Family Services Department Jamille Clemens, Grants Supervisor, Finance Division Patria Morales, Grants Coordinator, Office of Management & Budget
220
APPLICATION FOR A LICENSE TO OPERATE A
CHILD CARE FACILITY
I 'I~')QJ 0""""'11",('111 01
Chlldrct'I&f')mllics
PLEASE TYPE OR PRINT LEGIBLY
USING BLUE OR BLACK INK
Instructions: All information on this application must be truthful and correct Complete this application in its entirety, as appropriate. Not all sections apply. Incomplete applications will not be accepted. Please contact the licensing agency jf there are any questions relating to this application. "FOR LICENSE RENEWALS ONLY: Renewal of this license is contingent upon the payment of any fines previously imposed as a sanction
against this license that was not contested, or that was affirmed at an administrative hearing. If, at the time of this license renewal
application, there is a pending administrative hearing resulting from a proposed fine, it shall not affect the renewal of this license.
{$E;~i\i'or~f1~~tJRQ:c:i~M~INFG)J~~itjQN:('-fHrS';$~G$leN~MUSW;\BE~QOMPLSWEDIN'ilts:;eNT:IRecr¥F;.·"~,'··'·····':;i;;
o
rn
Application Type (Choose One): Initial *Renewal Year 2013 , Name of Facility as it is to appear on license:
o Change of Ownership o Revision of Existing License
Telephone Number (including area code): (407) 245-0QrO
Alternate Telephone Number:
( 407) 245-0281
I Zip Code:
County:
Callahan Head Start
ICity:
Street Address of Facility (physical address):
Orlando
101 Parramore Street Mailing Address of Facility, if different (include city and zip code):
2100 E. MichigaIlStreet E-Mail Address:
I
E-Mail:
Orange
Orlando 0 Do Not Have E-Mail 0 Do Not Wish to Provide
132805
32806 Fax Number (including area code):
( 407) 318-3216
[email protected] Maximum Capacity:
Is this facility located in or adjacent to the home of the If yes, all household members must be identified and background owner/operator? DYes 1KI No screening completed. Please attach a list offamily members with
their names and dates of birth. 62
Days and Hours of Operation - please check AM or PM as applicable:
Monda~
Saturda~
Frida~
Sunda~
Tuesda~
Wednesda~
Thursda~
24 hour care DAM Opening Time: 7 :30 DpM
DAM 7: 30 DpM
DAM 7 :30DpM
DAM 7: 30 DpM
DAM 7:30 DpM
DAM _ _ DpM
DAM
DPM
DAM 5:30 DpM
DAM 5:30DpM
DAM DPM
DAM 5:30 DPM
DAM DPM
DAM DpM
DAM
_ ._DPM
o
Closing Time:
~~thS of ~!a..!!on :JXL~ch9.2LY.~¥_Q_r:!!Y_-.O.1? !!l_~flt~__ Ogj~~r_ ICheCk all service options that apply: Full Day
Half Day
[]
D
After School
D
Weekend
Drop-In
Night Care
Before School
Food Served
Transportation
D Infant Care (O-i)
D
~
D
·SeQ:tIQN·;2rQWN~R.$HIP::tY~,;~(qijSGK;oNer·.·
D Individual Ownership - Not incorporated D Corporation D Partnership - Not Incorporated
[]I Other Entity - Not Incorporated Local Government
Name (First
Program operated as a:
Middle and or Maiden
D ..
,
.. ,.
".
......
(Check Only One)
!Xl Child Care Facility ~...
D School-Age Child Care Program -.;'~
.... - ',-
'
~.
Individual Owner Corporation Documentation required Partnership Documentation required e.g, School Board, Local Government Before & After School programs, Parks and Recreation, Faith Based
Social Security Number*
Home Address:
City: 1
(
..- '. _.. , '
,
. .i.e .. ,., ,:", " . ~"
Complete Sections Complete Sections Complete Sections Complete Sections
A and E
Band E
CandE
DandE
last):
Dale of Birth:
Telephone Number (including area code):
---
I
)
Chapter 435, F.S., requires background screening of owners, operators, and directors. Social security numbers are also used for identification purposes when performing the background screening required by 402.305, F.S. 1 of 3 CF-FSP 5017, Application For A license to Operate a Child Care Facility, March 2009, 65C-22.001(1). FAC.
221
Address
Incorporated in which ..... If outor state,
City:
Zip Code:
is the corporation registered in the State of Florida?
Yes 0 No 0 If 110, please register prior!o submitting an application. Telephone Number (including area code):
Social Security Number":
Date of Birth:
Designated Corporate Representative:
I Zip Code:
Home Address:
.~rrt]~rr}Q~~~ti~~!~a6b~g~g~m~¥:~~I~]~~ll:f:gi~'.iri~t.f+i~ti6n~::Atta~Ha·.·cQ~Y6fihe'p~~net$hip·Agte:~W~ht.· ~ Partner #1 (First Middle (Malden)
Last):
Date of Birth:
Social Security Number":
Home Address (street address):
City:
I State:
I Zip Code:
t-=;:-::-;-:--::-;:-=-=--.;c---;~-;;:--'-:;-:-:~:-:-:-:-:-:----:T:__-------'~~-~"""-------
Telephone Number (including area. code): Partner #2 (First Middle (Maiden)
Last):
Date of Birth:
Social Security Number":
Home Address (street address):
City:
!
State:
I Zip
Code:
Telephone Number (including area code):
I(
)
Name of Entity:
Orange County, FL Entiiy's Designated Represeniative (Firsi
A'it Lalchandani
Count
Address of Entity (Street Address):
201 S. Rosalind
Mkidie and or iv1aiden
Last):
Administrator City:
Orlan
State:
Zip Code:
0
Telephone Number (including area code):
407
836... 6590
Chapter 435, F.S., requires background screening of owners, operators, and directors. Social security numbers are also used for identification purposes .....>hen performing the background screening required by 402.305, F.S. Page 2 of 3 CF-FSP 5017, Application For A license to Operate a Child Care Facility, March 2009, 65C-22.001 (1), F AC.
222
··s:Al).98~
,'majoritY
th."~,~~~fi~;if~~;@th,!~#;M~~~
Date of Birth:
Number':
I Zip Code:
Home Address: Telephone Number (including area code):
ITApplTcable, Name
ofMulti-Site
Programs and enrollment:
(
«".
..•.... '. ~.~:?;,\ :. . ((.i;:i:·', _': . .·S Has the owner, applicant, or director ever had a license denied, revoked, or suspended in any state or jurisdiction, been the subject of a
disciPlina~action, or been fined while employed in a child care facility?
Yes No If yes, please explain: (atlachadditional sheet(s) if necessary)
:1$t;~tIdN.'3:':i'Aj;jf~$.t~TrQ.NJ:tQ·a.r!~~Qmf)J~t~~JI:t~f'UI~aiipirQ~Oj$t~,·:·:···:·""
.
o
Have you or anyone identified as a party to ownership ever held a license (child care, foster care, cosmetology, etc.) with any state agency in any capacity other than a driver's license? [X!:Yes ONo If yes, where, what type of license, license number, and under what name?FL Childcare Facility License for Callahan Head Start, Certificate No: C090R0089
Pursuant to section 402.3054, F,S" child enrichment service providers shall be of good moral character based upon screening, using level '2 standards in Chapter 435, F.S. If this facility utilizes a child enrichment service provider, it is the responsibility of the director to ensure that the child enrichment service provider is screened accordingly and parents/guardians provide written consent before a child may participate in activities conducted by the child enrichment service provider. The Health Insurance Portability and Accountability Act (HIPM) requires that personally identifiable health information must be protected from disclosure and maintained in a manner to prevent inadvertent disclosure to the public and to otherwise assure the privacy of such information, Your signature on this application indicates that you agree to comply with the requirements of HIPM by protecting the confidentiality of employee and children's health records in your possession, Falsification of application information is grounds for denial or revocation of the license to operate a child care facility. Your signature on this application ir.dicat~s your understcmding ann compliance with this law.
! hereby attest that the information contained in this application is truthful and correct under penalty of perjury. This arp!ir::ation may be withdrawn at any time the applicant so desires.
Date
Signature of Owner or Organization's DeSignated Representative Teresa Jacobs, Orange County Mayor
Person completing application if other than Owner or Organization's Designated Representative.
IName:
0 rang e Co un t y
(Please Print)
Khadija Pirzadeh, Contract Administrator
Head Start Divis on
Telephone number including area code:
I( 407
I
836-8912 Do Not Write Below this Line - Official Use Only
Date
Fee. Received:
Amount:
Se.irual Offehder'Adqress Cross"Referenee· (littp;/ioffentler:fdle,sfate:fi:us)'
Check Nurnb¢r: ·~ecei.YE!dBy Signaturellnitiids:
DatEi of Search:
. Date .Fee ForWardei:l to Fiscal Office:
Conducted~y Signature/lhitials:
Chapter 435, F,S" requires background screening of owners, operators, and directors. Social security numbers are also used for identification purposes when performing the background screening requiretl by 402.305, F.8. Page 3 of 3 CF-FSP 5017, Application For A License to Operate a Child Care Facility, March 2009, 65C-22.001(1), FAC.
223
I. CONSENT AGENDA
Interoffice Memorandum
FAMILY SERVICES
DEPARTMENT
2
AGENDA ITEM
April 16, 2013 TO:
THRU:
FROM:
Mayor Teresa Jacobs -ANDBoard of County Commissioners Lonnie C. Bell, Jr., Director Family Services Department
'"
cI.~
t j)tfI;J
Lavon B. Williams, Manager ~rA.J Neighborhood Preservation and Revitalization Division
SUBJECT: Consent Agenda Item - May 14, 2013 February 2013 Business Assistance for Neighborhood Corridors (BANC) Program Grant Recipients The Neighborhood Preservation and Revitalization Division administers the Business Assistance for Neighborhood Corridors (BANC) Program which coordinates Orange County services for economic development in targeted corridors. On March 20, 2012 the Board approved the BANC Program to revitalize once thriving commercial corridors that suffer from a lack of investment and are deficient of financial support. The BANC Program reimburses businesses up to $10,000 for costs associated with improving or opening a business. Some of the allowable projects are a conventional rezoning, submittal fees for commercial projects, demolition costs, bringing a structure up to code, and/or fayade improvements to the structure. Businesses applying to the BANC Program must attend an informational session about the program and submit an application with three quotes. All applications are reviewed by a Business Assistance Team made up of staff from relevant Orange County Divisions. The staff reviews the applications based on project feasibility, benefit to the community, and to ensure the project complies with Orange County's Urban Design Standards, permitting requirements, and appropriate Orange County Codes. Once the project is complete, the business must demonstrate that payment has been made to the vendor before a reimbursement check is issued from Orange County. The staff recommends approval of the God's Little Lamb Learning Center grant application dated April 2013 in the total amount of $2,986 (see Attachment A), subject to the following condition on the project: any fence installed must be constructed of wood or Polyvinyl chloride (PVC); chain-link fence is not permitted; The applicant has been notified, in writing, about these conditions
ACTION REQUESTED:
Approval of the God's' Little Lamb Learning Center Business Assistance for Neighborhood Corridors Program grant for April 2013 in the total amount of $2,986. (District 6)
Attachment(s) c: Jason Reynolds, Neighborhood Preservation and Revitalization Division
224
Business Assistance for Neighborhood Corridors (BANC) Program Orange County Board of County Commissioners May 14,2013 Consent Agenda ATTACHMENT A
Business Assistance for Neighborhood Corridors Program Profile Business Name: God's Little Lamb Leaming Center
Request r\mount: $2,986
Commission District 6: Tiffany Moore Russell
Total Project Cost: $2,986
Municipality Jurisdiction: Unincorporated Orange County
Project Type: Fence
Owner/Renter: Owner
Summary:
Business wishes to replace an existing dilapidated fence
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!
225
Business Assistance for Neighborhood Corridors (BANC) Program Orange County Board of County Commissioners May 14,2013 Consent Agenda ATTACHMENT A
Business Assistance for Neighborhood Corridors Program Profile (Cont.) Business Name: God's Little Lamb Learning Center
Request Amount: $2,986
Conunission District 6: Tiffany Moore Russell
Total Project Cost: $2,986
Municipality Jurisdiction: Unincorporated Orange County
. Project Type: Fence
Owner/Renter: Owner
Sunlmary:
Business wishes to replace an existing dilapidated fence
226
I. CONSENT AGENDA
Interoffice Memorandum
FAMILY SERVICES DEPARTMENT
3
AGENDA ITEM
April 16, 2013 TO:
Mayor Teresa Jacobs -ANDBoard of County Commissioners
THRU:
Lonnie C. Bell, Jr., Director Family Services Department
FROM:
Lavon B. Williams, Manager Neighborhood Preservation and Revitalization Division
FLORIDA
_X . L. 1M1
C/\~
r:/f5lAJ
SUBJECT: Consent Agenda Item - May 14, 2013 February 2013 Business Assistance for Neighborhood Corridors (BANC) Program Grant Recipients The Neighborhood Preservation and Revitalization Division administers the Business Assistance for Neighborhood Corridors (BANC) Program which coordinates Orange County services for economic development in targeted corridors. On March 20, 2012 the Board approved the BANC Program to revitalize once thriving commercial corridors that suffer from a lack of investment and are deficient of financial support. The BANC Program reimburses businesses up to $10,000 for costs associated with improving or opening a business. Some of the allowable projects are a conventional rezoning, submittal fees for commercial projects, demolition costs, bringing a structure up to code, and/or fagade improvements to the structure. Businesses applying to the BANC Program must attend an informational session about the program and submit an application with three quotes. All applications are reviewed by a Business Assistance Team made up of staff from relevant Orange County Divisions. The staff reviews the applications based on project feasibility, benefit to the community, and to ensure the project complies with Orange County's Urban Design Standards, permitting requirements, and appropriate Orange County Codes. Once the project is complete, the business must demonstrate that payment has been made to the vendor before a reimbursement check is issued from Orange County. The staff recommends approval of the Law Office of Nicole V. McLaren, PLLC. grant application dated April 2013 in the total amount of $5,000 (see Attachment A), subject to the following condition on the project: The applicant will submit a rendering of the sign to the Business Assistance Team prior to applying for a Building Permit.
ACTION REQUESTED:
Approval of the Law Office of Nicole V. McLaren, PLLC Business Assistance for Neighborhood Corridors Program grant for April 2013 in the total amount of $5,000. (District 6)
Attachment(s) c:
Jason ReynoldS, Neighborhood Preservation and Revitalization Division
227
Business Assistance for Neighborhood Corridors (BANC) Program Orange County Board of County Commissioners May 14,2013 Consent Agenda ATTACHMENT A
Business Assistance for Neighborhood Corridors Program Profile Business Name: Law Office of Nicole V. McLaren, PLLC
Request Amount: $5,000
Conm1ission District 6: Tiffany Moore Russell
Total Project Cost: $5,000
Municipality Jurisdiction: Unincorporated Orange County
Project Type: Fa<;ade Improvements
Owner/Renter: Renter
Summary:
Lath, stucco, seal, and paint front of building; replace front concrete sidewalk; paint front door slab, trim around the door, and windows; replace awning; construct new sign
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228
Business Assistance for Neighborhood Corridors (BANC) Program Orange County Board of County Commissioners May 14, 2013 Consent Agenda ATTACHMENT A
Business Assistance for Neighborhood Corridors Program Profile (Cont.) Business Name: Law Office of Nicole V. McLaren, PLLC
Request Amount: $5,000
Commission District 6: Tiffany Moore Russell
Total Project Cost: $5,000
Municipality Jurisdiction: Unincorporated Orange County
Project Type: Fayade Improvements
Owner/Renter: Renter
Summary:
Lath, stucco, seal, and paint front of building; replace front concrete sidewalk; paint front door slab, trim around the door, and windows; replace awning; construct new sign
229
I. CONSENT AGENDA
Interoffice Me
HEALTH SERVICES DEPARTMENT
1
FLOUIDA
DATE:
April 15, 2013
TO:
Mayor Teresa Jacobs -AND Board of County Commissioners
FROM:
George Ralls, M.D., Director Health Services Department Contact: (407) 836-7611
A~ N1
~~
SUB..IECT: Certificate of Public Convenience and Necessity Renewal for Ocoee Fire Department Consent Agenda - May 14, 2013
The EMS Office of the Medical Director requests the approval of the renewal Certificate of Public Convenience and Necessity for Ocoee Fire Department. Ocoee Fire Department has submitted the attached application requesting the renewal of their Certificate of Public Convenience and Necessity to provide Advanced Life Support Transport Service. The current Certificate has been in effect as an Advanced Life Support Transport Service since 2011. The EMS Office of the Medical Director has determined that all requirements have been met by Ocoee Fire Department as contained in Orange County Ordinance 2001-9. ACTION REQUESTED:
Approval of the renewal Certificate of Public Convenience and Necessity for Ocoee Fire Department to provide Advanced Life Support Transport Service. The term of this certificate is from June 1, 2013 through June 1, 2015, There is no cost to the County. (EMS Office of the Medical Director)
GRlvb Attachments cc Linda Weinberg, Deputy County Administrator
230
ORANGE COUNTY, FLORIDA
EMS OFFICE OF THE MEDICAL DIRECTOR
RENEWAL APPLICATION
FOR
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
D4 ALS TRANSPORT
[ ) ALS NON.TRANSPORT [ J BLS NON·TRANSPORT ( J INTERFACILTV TRANSPORT
l j BLS TRANSPORT
ALS AIR TRANSPORT
APPLICATION DATE _-"'-04...!--.=09"--2=0:::....:1.=3_ _ _ __ 1. NAME OF SERVICE
Ocoee Fire Department
2. BUSINESS ADDRESS (STREET) ~56:::..:3~S:!.I...!~B!L.l::Luf~ort..:::!.d..r..:.A~veo:!...-_ _ _ __
STATE_FL_ _
COUNTY Orange
CITY_00088_ _
ZIPCODE_34761 _ __
3. PHONE NUMBER _407-905-3100_ FAX_407-905-3140_ 24 Hour Number _407-905-3124_
Internet E·Mall address [email protected], _ _ _ _ _ _ _ __ Title _Fire Chief_ _ _ _ _ __
Manager's Name _Pete McNell,_ _ _ __
NOTE: (IF THERE ARE ANY CHANGES TO BE MADE TO YOUR PREVIOUS APPLICATION, PLEASE LIST BY NUMBER IN THE SPACE PROVIDED BELOW. (Use separate sheet if necessary). COMPLETE PERSONNEL AND VEHICLE ROSTER ATIACHMENTS, IF THERE ARE ANY CHANGES). ______________NoChanges__________________________________
TO THE BEST OF MY KNOWLEDGE, ALL STATEMENTS ON THIS AP AND CORRECT AND THERE ARE NO OTHER CHANGES ry/B' APPLICATION.
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I
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
EMS OFFICE OF THE MEDICAL DIRECTOR
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
WHEREAS,
OCOEE FIRE DEPARTMENT Advanced Life Support
services to
Orange
(Advanced Life or Basic Life Support)
WHEREAS, there has been a demonstrated need to provide these essential services to the citizens of Orange County; and, WHEREAS, the above named service affirms that it will maintain compliance with requirements of the State and County Laws, Ordinances and Rules and Regulations. THEREFORE, the Board of County Commissioners of Orange County hereby issues a Certificate of Public Convenience and Neccessity to this
ALS Transport
service.
(BLS, ALS-transport; or ALS non-transport)
June 1,2013
Date lssued: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Date of
None
9-171
Commissioners)
I. CONSENT AGENDA PUBLIC WORKS DEPARTMENT
Interoffice Memorandm
1
April 17,2013 GOVERNMENT FLO
II
I
I)
A
TO:
Mayor Teresa Jacobs and the Board of County Commissioners .
FROM:
'.
. J
Mark V. Massaro, P.E., Director, Public Works DepartmentP~
CONTACT PERSON: Renzo Nastasi, AICP, Manager Transportation Planning Division PHONE NUMBER: (407) 836-8072
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SUB]: Interlocal Agreement Between Osceola County and Orange County For Eminent Domain Related to the Boggy Creek Road Projects The Interlocal Agreement Between Osceola County and Orange County For Eminent Domain Related to the Boggy Creek Road Projects ("Agreement") between Osceola County and Orange County provides for design, right-of-way acquisition, construction and maintenance of improvements to the intersection of Boggy Creek Road and Boggy Creek Road and an east-west segment of Boggy Creek Road at the County Line dividing Osceola County and Orange County. Osceola County agrees to design, construct and maintain the improvements as well as utilize eminent domain powers to acquire the right-of-way needed for the improvements at no cO'st to Orange County. Orange County recognizes through the Agreement Osceola County's right to utilize eminent domain procedures within Orange County and will coordinate with Osceola County during the right of- way acquisition process. Orange County will review the design plans and inspect the construction project and be responsible for maintenance north of the proposed improvements. The Agreement also provides for both Counties to coordinate access management during review of any development proposing to access the east-west segment of Boggy Creek Road. The County Attorney's Office, Risk Management Division, Engineering Division and Transp0l1ation Planning Division have reviewed this agreement and find it acceptable. No relationship disclosure form or specific project expenditure form is provided because Orange County is not required to file these forms when the County is the applicant, petitioner or principal.
233
Page Two May ) 4, 2013 Consent Item Interlocal Agreement Between Osceola County and Orange County For Eminent Domain Related to the Boggy Creek Road Projects
Action Requested: Approval of InterJocaJ Agreement Between Osceola County and Orange County For Eminent Domain Related to the Boggy Creek Road Projects by and between Osceola County and Orange County for design, right-of-way acquisition, construction and maintenance of road improvements to the intersection of Boggy Creek Road and Boggy Creek Road and an east-west segment of Boggy Creek Road. Orange County recognizes Osceola County's ability to utilize eminent domain powers to acquire the right-of way needed for the improvements within Orange County at no cost to Orange County. District 4. MM/RN/hegb Attachment
234
INTERLOCAL AGREEMENT BETWEEN OSCEOLA COUNTY AND ORANGE COUNTY FOR EMINENT DOMAIN RELATED TO THE BOGGY CREEK ROAD PROJECTS THIS AGREEMENT, effective as of the latest date of execution (the "Effective Date"), is entered into by and between OSCEOLA COUNTY, a political subdivision of the State of Florida, 1 Courthouse Square, Kissimmee, Florida 34741, and ORANGE COUNTY, a charter county and political subdivision of the State of Florida, 201 S. Rosalind Avenue, P.G. Box 1393, Orlando, Florida 32802-1393. WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, Chapter 127 of the Florida Statutes authorizes Osceola and Orange Counties to exercise the power of eminent domain for any county purpose; and, WHEREAS, a public roadway known as Boggy Creek Road forms a transportation link joining Orange and Osceola Counties; and WHEREAS, in order to provide and maintain a safe connection and transition, certain improvements must be made to the T-intersection of Boggy Creek Road (the "Intersection Project") and an east-west segment of Boggy Creek Road (the "Widening Project"), both of which lie partially within each county and may sometimes be referred to collectively as the "Boggy Creek Projects"; and WHEREAS, Osceola County is completing the design for the Boggy Creek Projects, as such projects are generally depicted on Exhibit "A" attached hereto and incorporated herein; and, WI-:IEREAS, Orange County is preparing design of the north-south segment of Boggy Creek Road abutting the Intersection Project (the "Orange County Project"), as generally depicted on Exhibit "B" attached hereto and incorporated herein; and WHEREAS, construction of the Orange County Project is currently neither funded nor scheduled for construction.
235
Interlocal Agreement
Boggy Creek Intersection
Orange and Osceola County, 2013
Page 2 of 32
NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties do hereby agree as follows: 1. Osceola County will be solely responsible, at no cost to Orange County, for: A. Acquisition of all required right-of-way for the Boggy Creek Projects, as depicted in Exhibit "C" attached hereto and incorporated herein, and conveyance of such right-of
way to Orange County. B. Design, right-of-way acqUIsItlon, and construction of (i) the Intersection Project, including but not limited to a temporary transition from the north end of the Intersection Project to the existing two lane roadway section of Boggy Creek Road within the Orange County Project and (ii) the Widening Project. C. Perpetual maintenance of the segment of Boggy Creek Road lying south of the projection of the proposed north right-of-way line of Boggy Creek Road running in an east-west direction as depicted on the attached and incorporated Exhibit "D". D. Short-term maintenance during construction of the segment of Boggy Creek Road within the Intersection Project; and E. Perpetual maintenance of the traffic signals anticipated to be installed as part of the Intersection Project. 2.
Orange County will be solely responsible for the maintenance of the segment of Boggy Creek Road lying north of the projection of the proposed north right-of-way line of Boggy Creek Road running in an east-west direction, as depicted on Exhibit "D".
3.
Osceola County shall hold Orange County harmless (to the extent allowed by Florida Law) from any and all claims arising from the design, construction, maintenance, and right of way acquisition associated with the Boggy Creek Projects.
4.
Orange County and Osceola County shall coordinate in the right of way acquisition process in Orange County. Upon reasonable request from Osceola County, Orange County will provide information related to existing or proposed development approvals
236
Intcrlocal Agreement - Boggy Creek Intersection Orange and Osceola County, 2013
Page 3 of 32
for propeliy located m Orange County that may be impacted by the right-of-way acquisition. 5.
Osceola County will not begin right-of-way acquisition without (i) written approval from Orange County Public Works Department of the proposed road improvements that require the acquisition of any right-of-way in Orange County and (ii) express written approval to proceed from the Orange County Attomey's office.
6.
Orange County recognizes Osceola County's right to utilize eminent domain to secure the necessary right-of-way in Orange County for the Boggy Creek Projects.
7.
Osceola County shall apply for and obtain light-of-way utilization pennit from Orange County, in addition to any other applicable local, state, and/or federal pennits, prior to the start of any construction within Orange County; the parties agree to waive their respective fees associated with inspection and pennits for the Boggy Creek Projects.
8.
The parties shall coordinate regarding appropriate locations for median cuts and access connections as pari of the Widening Project. Access Management in connection with the Boggy Creek Projects shall be consistent with any approved or pending land use agreements. Each party agrees to notify the other and to coordinate access management during review of any development proposing to access the east-west segment of Boggy Creek Road in obtaining a driveway connection pennit.
9.
Osceola County shall provide all inspection services associated with the Boggy Creek Projects and will provide certified "as-built" surveys to Orange County.
10.
Osceola County will reasonably approve any modifications to the Intersection Project that may be required in connection with the Orange County Project.
11.
Orange County shall be entitled at all times to inspect, be advised of the status of, and request and be granted conferences with Osceola County in connection with the Boggy Creek Projects.
12.
Upon completion of each phase of construction for the Boggy Creek Projects, Orange County may inspect the construction and, upon finding such phase acceptable, Orange
237
rnleriocal Agreement - Boggy Creek Intersection
Orange and Osceola County, 2013
40f32
County shall accept conveyance of the associated Orange County right-of-way for that pOliion of the construction.
SECTION 1.
RECITALS.
The above stated recitals are declared to be true and conect and are incorporated into this Agreement as if fully set forth hereafter.
SECTION 2.
TERM.
The term of this Agreement shall be from the Effective Date for a period of twenty (20) years, renewing automatically for successive periods of five (5) years each, until such time as the parties execute a termination of the Agreement
SECTION 3.
EMINENT DOMAIN; FUNDING.
A.
The purpose of this Agreement is to allow Osceola County to exercise the power of eminent domain to acquire certain real property interests, in land which IS located in Orange County, for the completion of the Boggy Creek Projects.
B.
Osceola County, at no cost to Orange County, shall be fully responsible for the payment of all costs incuned by Osceola County in its exercise of eminent domain associated with Projects within the limits of Orange County.
SECTION 4.
ENTIRE AGREEMENT.
This Agreement, including referenced exhibits and attachments hereto, constitutes the entire Agreement between the parties and shall supersede, replace, and nullify any and all prior Agreements or understandings, written or oral, relating to the matters set forth herein, and any such prior Agreements or understandings shall have no force or effect whatsoever on this Agreement.
SECTION 5.
GOVERNING LAW, VENUE. JURY TRIAL.
The laws ofthe State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall
238
Intcrlocal Agrecmcnt Uoggy Creek Intersection Orange and OsceolH County, 2013
Sof32
lie in the Circuit Court in and for Orange and/or Osceola County, Florida, as applicable. The parties hereby waive their right to trial by jury in any action, proceeding, or claim, arising oUl of this Agreement, which may be brought by either of the parties and waive the right to seek damages.
SECTION 6.
SEVERABILITY.
All clauses found herein shall act independently of each other. If a clause is found to be illegal or unenforceable, it shall have no effect on any other provision of this AgTeement. It is understood by the parties hereto that if any part, term, or provision o[this Agreement is by the courts held to be illegal or in conflict with any law of the State of Florida or the United States, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid.
SECTION 7.
WAIVER.
Failure of the parties to insist upon strict perfonnance of any of the covenants, terms, provisions, or conditions of this Agreement or to exercise any right or option herein contained, shall not be construed as a waiver or a relinquishment for the future of any such covenant, tenn, provision, or condition, or right of election, but same shall remain in full force and effect.
SECTION 8.
NOTICE.
The parties hereto agree and wlderstand that written notice, mailed or delivered, to the last known mailing address shall constitute sufficient notice to the County and the Clerk. All notices required andJor made pursuant to this Agreement to be given to the County and the Clerk shall be in writing and given by way of the United States Postal Service, first class mail, postage prepaid, addressed to the following addresses of record:
OSCEOLA:
Osceola County Attn: County Manager 1 Courthouse Square, Suite 4700 Kissimmee, Florida 34741
239
In!crloca! Agreement ~ Boggy Creek In!ersection Orange and Osceola ,County, 20 I J
Page 6 of 32
SECTION 9.
ORANGE:
Orange County Administrator 201 S. Rosalind Avenue P.O. Box 1393 Orlando, Florida 32802-1393
With a copy to:
Public Works Director 4200 South John Young Parkway Orlando, Florida 32839
MODIFICATION.
The Covenants, tenns, and provisions of this Agreement may be modified only by way of a written instrument, mutually executed and accepted by the parties hereto. In the event of a conflict between the covenants, terms, and/or provisions of this Agreement and any written Amendment(s) hereto, the provisions of the latest executed instrument shall take precedence.
SECTION 10.
JOINT AUTHORSHIP.
This Agreement shall be construed as resulting from joint negotiation and authorship. No pali of this Agreement shall be construed as the product of anyone of the parties hereto.
SECTION 11.
DISCLAIMER OF THIRD PARTY BENEFICIARY.
This Agreement is solely for the benefit of the fonnal parties herein and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a formal party hereto. Nothing in this agreement expressed or implied is intended or shall be construed to confer upon or give any person or corporation other than the parties hereto any right, remedy, or claim under or by reason of this agreement or any provisions or conditions hereof; and all of the provisions, representations, covenants, and conditions herein contained shall inure to the sole benefit and burden of and shall be binding upon the parties hereto and their respective representatives, successors, and assigns.
240
Intcrlocal Agreement - Boggy Creek Intersection Orange and Osceola County, 2013
Page 7 of32
SECTION 12.
RECORDING.
Osceola County hereby Effective Date.
to record this Agreement immediately following the
[SIGNATURES APPEAR ON FOLLOWING PAGE]
241
Interlocnl Agreement Boggy Creek Intersection
Orange and Osceola County, 20; 3
Page 8 of 32
IN WITNESS WHEREOF, the pat1ies hereto have caused this Agreement to be duly executed through their authorized representatives as of the dates set fOl1h below.
BOARD OF COUNTY COMMISSIONERS OSCEOLA COUNTY, FLORIDA
~~ Ghainnan/Vicc-Chairman
ATTEST: Osceola County Clerk of the Board
eterkIDeputy Clerk
BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA By: ____________________________ Teresa Jacobs, Orange County Mayor
ATTEST: Mariha O. Haynie, County Comptroller As Clerk of the Board of County Commissioners By: _ _______________ Deputy Clerk
242
Inlcrlocal Agreement - Boggy Creek Intersection Orange and Osceola County, 2013
Page 9 of32
Exhibit "A" Project Location Map for Boggy Creek Projects
243
OSCEOLA COUNTY, FLORIDA
100% PROGRESS SET DATE: May 1, 2013
PUBLIC WORKS DEPARTMENT CONSTRUCTION PLANS FOR
BOGGY CREEK ROAD AND EAST BOGGY CREEK ROAD IN'rERSECTION
IMPROVEMENTS
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GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS, INC. CROSS SECTION OF SOIL SURVEY
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TOWNSHIP: 25 SOUTH RANGE: 30 EAST SECTIONS: 4, 5 COUNTY: OSCEOLA
DATE OF SURVEY: JULY 2002, JANUARY 2008 SURVEYED BY: R. ROBINSON. T. ROBINSON, M. PORTER SURVEY APPROXII"jATElY BEGINS STA, NO.' 10+00 +00 SURVEY APPROXII~ATELY ENDS $TA.
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SHA!.lElE lI'ISTAW:o-INACCOf1DN(C£'M1SFOOT $TA:'itwIDl~EXNO.lrrn.
20. 11100NOOrrs TO 9E INStAil~..oUl'()ffi PAV[MOO 00. SlC!€.WIIIJ{ SAAli S£ INSTAllED !'ruCE\1'OM 21.
SRAU. H01
502, £t.1JIPMENT sUrt¥ITTAi. AM:. ~ Cf £OOI1"t.teIT SI-W.1. BE DOtE 1>.T 'THE 8EGlNNH3 IF n£
C()lflW.cr 10 E.~ OOT Th"'E TRAFFK:" S/GNtI.L IS OF'f,1tl.TIi:l'IAl EA£
ALl fa=::lO WlRlNG SHAlt B£ NEATI.V IWNCl.tD MO ClEAflly 1D€mlFiED \\llTH~, t£G!9Ui.
WATERPfIOCf TAGS 1liAT AIlE SEroRElY AlTACoo) TO EACH GJalE TIiE lAGOlNG a'tSTCM FfotOPOS!!DSiWl B(St.l3IotJT'll;o:r~AP?IiOVAt \'/ffHlHEOTI1ER ECtJIPMEm SlJBMfTTAl..SlLroulFlEO f"O~ rHlSPAOJEcr.
J4.
M~,.,natES
litREf{Jjsp,(JIfCCJtolOOCTORSAA.5ml!~m.Jt1TOM~~pt*SffilI
$1.
46 :;;;:"~~-::;';;:":;'::' ..:;-;:':.... ::~ ..-::!,.,'~~"".!~:",~~~;.~ ~~:.';,.;.~.~;;;"A';;,,'" ~ ...";:, .~~~'.;;,~
""'......- ,..."'........ """'''''''''''' " .......""'''' ,."""""" ~~,.,,,, ..,,,,,,,,,~
rtPf. All Sll$NPL H£ADS
UNDER NO~~$ S'Wl ENERGIZED CAel£ I:!E:PI.J£EO iii THE Sr\ti! coocurr OR R.U BQX
IF A CG«n~ RUN Of SIG:w.. CAStE IS TkEN ~ T'!!l'OOHAU!t.OOU...usT BE USSJ.
ACGOroI'iNCCwrol"~z.orThlEFOO1' ~it.Ano..'tS.
14
lfO-COO~
""""'"
,).3.
AVD:O ANY I'OSSieLE OOtS'XtS WfrnlmOERGRt)Mj. ununES. 11, IT SHOW) m:. NOTtO OOT NO 'TEST eORl1\Gs ~E ~ w.:o~rr Ri!1iS ARE TO ae INSTJ\U.EO BY O'4'lC~l B01'E. JACI"Jr-K:i OR TREnCH:$. IT S~L ee ~ C011'i'l.AC1tIR"S RFS~mtUtY 1'0 EXAlto!'OO:: JOO srrE CONOI1lClo'\S BtFDnE SUS\lrrn'Kl em ~ IN
mOiCATtOOS SHNl. f£ ,t;'
~,
SX>tW.CAatF.""DtoePW!l<£IIRI;.NO'l rOB!; IN 'l'HS SAMlP'lAlOOX.
FURrllS'Mo) HI;) 1NS'rAW;O AS PART or: ntE ctrmllDUER ASSMI.'(
1i
S:~ HU.l')
IoJ.UST BE CAS1 Al..UMlNW. IF.h
PlJSH &JTro\'S &fW.l. SE' ~ST'RVC1ED wmt AlECHA..:I(:cAi. OOW.-OS.
COI:R)IMnotl S~l1, BE SECURED BY THE SIONA!, ~OR Vlftli fiE lOCM.. POWER COMPlIHY WLS1Allt:iG JQ(Nf-USE ?O.fS .Il'l.\'c~ WHGi H1501AWNG 51GW<.!. PCl.ES
ST. PEDES"rnWI
31. 11iE C(lI';TRACTOR SHAll \iER!fY COlOR caoes FOR soru S!G.WiJ. AND ltm.RCONNECT CAI'itE wrnr
OSGEOtA c.oumY 8~ ~Ni.l ~G ~smtEl[ IN ACCOI\O.4.la wrrHOS'Ct.OtA
CClMY'S SU.:"U:l.l,ROS.. n
PUSH 8UTTCflS ItJAtL!IC allJ. OOOPElXsmANS BUTT
56.
tie.
l.~:oH. UNlESSonjat'oVlS£~lE£t
~s
PAl'tlH:m~
CON1RACT()?. ANY ~
30. All CNn.E SHAI.L BE PULlEJ Jt-/ lI£ coooorr WITH ACAEllf ~m:om:t> TOPfiOVIDE A ~Rt.I HOlD ON TI*E EXTERICfi COYtAl~ OF nIl:: CAIlLE. A i'fINCH 'AID! A $I.t' CLUTCH SH4U. f!.£ USEO TO ENS't!if MT THE N.lOWABLE. TfNSIOO CJi lHf" WilT IS N01'~DF.O. AA AP'P~re liJSRJCNff
SHAll. n£USlD10FJ.ClUTAT£MplJ\.l.M:iOfmt C$.SlE.. ctBl£GRfl SHAll. BE OfSl!ffiC!O{Tt;llZt
to NOT CfM'RO~1$E THE \NS1AUATlONfF M SNHAl CASLE.
OSCEOl.ACOOmY~ E.NG!HEERlIfG{~07-7Q-DOO1)
CAYS ~ M tiSPECl"'IONS ARE 1"0 8E PERf~ $0
*
SI:Tr:t.tFFICAATED.
fOOp,OOftiON,I,l CETAlSCF lAA!'fICSiGtiAI.. lNST.AllAT!OftS FQ~ lMlSfI;V:U;cr sttFOO1 ~Oo\OWAY A."'O TR.AF.FICOESIGN STM«JAAOO, o.\TEC 2Gltt "OEXl~OS. 1nse. 1m1, lrt'l1, 1Tl'3&, 1m.!. 1m" 11714,141$>11, NiD
OF PUll atOXkS SIWl. liE tETERWNED BY
AO..llsTMaiTsHAU.a.a~S'fOSCECV.COI.A'flY..
'11. PUll BOXES SHAll f.lEPl.AtS:la~CURBMOCU'TTOtl;:ille;tE IS OOCti~J>MOGll11'ER. mEN Pi.lLl OOXES Mi.IS1 BE PtJa-D AT t.aST 13 FEEl fROM 'l*:!:.roE tf"PA\"9ffiIT. PUtt.!lO.'®' sw.u
T. OORlHO t{ON·WOI'tKIfflS HOURS, HO fO!1"~">fl, VEHIClES OR JroIA1'£F:IAJ. S'1AU.. ae PAAKai OR S1"OflB'O W\111:N lHECt..EAA ZO'NE OFTtlE ROI;IJWhY Ci'~Y1NO 1'RAF1'~ ASOciA-'tEOIN lfa:XtIOO,
!
~1J.Ci lOCA~
I:,~<~
SHEIIT NO.
T~l P: \1jr.c::,(.o~·,~",,~,~.:'.:;: ~,11't;\ ,s,: _f~_ "': f ,..:,.~',"","!·;,",;,;,~S '~ll~ 'J' "
,1-iJ;"{:"T NUMBERS
GRANO
REF.
tOTAL
--,-
---_.
~~~=:=~ 7aJ-H22 7aJ-2-JI 78J-3-1I "!~:~._
ITS ceTV CA"UiA,
R£LOCArr'-I---'-i'-" PM. 'J-48 FleERS LF fA
-c---
ITS "8rR DPne CASu
opnc
fTS FlBER
SHEET
CONN£CnDN, INSTALL. SPliCE; iTS FIRER OPTIC CONNCC11()N HARDWARE, Fk1. $PUCE: ENCLOSURE
..._.~_!2.~f.~.!l~.!!f...9.Qt!!!:gf.!!Q.N
FA
HAR.DVlA/?:.£;•. _[!j:~ $PuC[ ~TRA y _...__ .~ ~~
----t- --,"---·--i-·--"
-.
- - - " ' ' '
--t-----'--,,-
".t----.
-_..- - - - - - " - - , , . . .
.- .-,
+--.-..c------'"
,._.,,- ·,"---j---_ .. ·.... _------I
·,·_1__ .._.. __ 1· _____ +'--_-·- , ..·,··-·---1·-----1---
· -..,..------..1 - -..- ..·-..·....- ..- ....--· - - - -..--.'.......- . - - -..-...
-+---
'---_ ......· - - , - - 1 1 , , - ' - - - ..--.,,-..- -. , , - . - - - - - - . ,,
...........
\\\\\111111111111//
= I,
NOTE REGARDING QUANnU:;S
Pit" it'£'..! NO, 6.!l~l\-". !N(,-lUOCS COST rOh CoonAhtAO j.UIJINkR( "NI) 8RACX'ET ARlo!
2. PAY (fOr "0, (i5 tNt DRf.t\lO-H.
J.
?AY JT(l-t.
o::rr.cn::l'l
no.
ft(~
UCIH
QUANTnlts SHOWN Allt roR [HrQRIi1ATlONAt. J>UR~f;S ONi,.Y,
niE
m fli::S$"ONSlU\J: rofl: CN..C
CONSTRUe. TIn: m,>.FJ:1C S:CNM. PEl" f'I..AN.
COO1R/.CT:;n'
Ct)<,!fj!b.iAn~
::: 0:
~ *" ....
6.6-3_1<\,..\';; COVCR'S A
INTt"stCn~
",fni, sur
lOl{fS Of" 0f1t;C1'!<.'lN. "'. FAY
j1'(1,i
HO.
(7'J,'['3Al00 !i.
67
_ CASlN(T SH"-I..,L HJ,"'"
R£cu>n,cu:.
PAY 110,0 NO.. 699--'-1
TYPE I~HI\UY
N
ex:> ex:>
?I '
STATEOF
:
: c.?::::
hs*$ ...:
,~~
~'
0;;)SSiC~""'Le~~\\\~
CAalf>U.
1111/l1fI1l1ll\\\\
rlU.1M:1fiAitO SlGWS Sl-lAtL at t£O
REVISIONS
!
\I
'v'
',..,l . .,,-.~~. . .... ;;::,~. ''l. '''' - ..... ,r.
H'iIJ~C""II':O
IN$T;4J,.LtO At
~\,\\\ t4!-1 F~IIII/' ,$i,\>-~j':.l -. ~~ ~~\('~\\JC¥"! ~ O..,~ '" ~-. I )'j '-' ~ .::::.:;-'. I, (~J . '.1"":;' :=t)::: 1.!...Ii t·:z:::. :::::r:: \NCf!'L; ,11~ Q:::
•
V."...,. Hang"" BnlstfJn, Illc. 'ronmGrIO'lJM. Lend D.:wduom4>11.
>I;"
.jOCt 39J2
e
OSCEOLA COUNTY ENGINEERING DEPARTMENT BOGGY CREEK ROADWA Y WIDENING
SHfi/:!T NO.
TABULA nON OF QUANTITIES
T-2
~
o
SlGNN.. POLE NUMBER
. - SIGNAl HEAD
CD·® ®.®
ill
SlGtiAl HEAD IN9ICATOfi NUM8&
.......--
PEctSTR1AN SICNAl.- (POl.E OR
"
CON1'ROt,l,tR (eASt MOUNTED)
PULL BOX
"'" !Zl
@+@ <:iHl~
\10EO OE:1EC'TlON ZONE
VlOCO UETEcnON CM,jIE:RA UNOC=tGROUNO}UNOER PAVENEN:T
I
ALL
fE,
Ill'
~ -
[2].
§J.
ill'
(t
(p-
ll)
-"
PEo. 5rG,.,Al COUNT-DOWN I-SECT., l-WAr
-Gi
(t;-
I_WAY
~:
I
{<-
1-",\'1'
pEO. SICNAL
COUNT-DOWN
2-i'IAY
L~
1 e:::m.... '_-::,.;.n
'"'s
, AS
~Glli!
®
(MAX)
"
tf
® ~=---'
-.. --~~
© \llllIUIII/IIII/It.
1l1..l1,~GS AAt INHi.tt AND !;f~Y F.'l';OOll'lE
P'i
or
SECINNlNG or f'EU,CYW \I1;UIC1.f: CLI:AlU.Net:,
3,
TY?t.
TO
at
~CVtHW
or
fLASH DON'T WAl)( (,'Ow) AT
SKAU.
.... , ...
~ ~
''1--:::.
~:;:;;::: 0::
.:::'0'
:::iE:
18 ;: . . .11 i j, , .. §~i ),).~' , OF ::::.,..~
"
: WE
........ . ,~~ ~. -~ ~~ ..... ~a¢~ .... ..~~ ~
0.'1 AU.. POltS
...-~
at:
A ~tHII.iIP.\ Of 11~ FT Ah"O ~ IJAXlI.IW Of 19.0 OF' o..£MAHCE BUwa.x F'Ji!Stiro PA\IE~£NT AM) Tii( lOVF.:ST POlllil ON 1M! MAST AAM A$SEWILY.
lHE:R:t:
..
~
~ '#.~:\CENS •••• 0<::,';-. ~~ "" ..... ("~
PIIA,Sf 6- ~CE" AAO CONTlNU( TO' MSH UNTIL
... I'f*SffilAH Cl."J.RllJ.lct INfI::fWAl tI~'O 01'\ Tli<: (NO
~~ l.t,lIl{rNN,~!:, COIIRA HIP!)
~\\\\ ~\t>I FOG)'/""-0:
~
Fm..D A().JJsn.sC AS DIRtCr!.O Sl'
,.
:
D~SCR!PTlON !l£'dOl/{ lRi'$'F/C SIQtiAl
~
~"\.
"'0i ;S·6~¢NA\.~\'
r)
¥llflllIlIIlIl\\\\\\
m:MttV..hl...ltEMS: ITF.Y NO.
*$"
I)NIT
I
lOTA/,.
r..
~ASSt:MJ:IL'f
6:iO'~-1
60. f'W-"'l OO.... "l'tTlt:S TO aE O(T(ftM(NCO 0'( CONmA\:YOO.
(rnXe)
"
R(",O~ CON1'RO~
£.
AOIO~
COlt.IPl£Tf: PM
ASS::l,leL"f ~tXl-a(l
«
a 1<)
RlMSlONS
OSCEOLA COUNTY ENGINEERING DEPARTMENT
BOGGY CREEK ROADWA Y WIDENING
f\..)
ex>
- SIGNALIZATiON PLAN BOGGY CREEK ROAD AT OSCEOLA PARKWA Y
SHEFf
NO
T-3
ARM NO.2 - COUBLE ARI.I. Pcx.E ORI(IiT"'110~ ----~ TO BE MEASIJl'lt:O IN A COI.2N1ER ClOO
;/
DIRECTION fRCl'I ROADWAY ARM' NO.1.
IIR\~
~------+NO. 1 - SlNGl..E ,&.RI"I POlE OR
LONCEST ARt.!
I
)
OOUDU: ARM PO:.£.
/
f---~\_____
I-----\~
I-------'\~
f----------'\_____
ro'l:
"3
-~7ri® 0
~c,.. c
I ~
1
~~-
IT CD
WJ
f---\_____
f---------'\_
'.-
\_
fOTAl AAI.' 1.(,'1GlH
• DENOlES HUWSER CJ" s£cnCJjS IN SIGNAl. HEAD ASSEIoIBLY
:.1': 1 1
I
T-03
2
I
T-~
3
I
I I
llr.I1Qf
B'fS!A.
?p...II~.rt6, 7Q.lO· Rr.
RDIII'
RlIClIIlDI Jlf/. IlmD NO. 75..55'
tIIOIII
9Q!\L
Il£'/.
vftI
BID(
I'll).
DISTANCE
fUltS iDI!I.
YIN
YIN
75.78'
31.5'
FROW
I. I
POI£
,.
lOtII. &
NIII
J
43.5'
55.7'
I ..
".
,
..
"'.
20'
I 3
60"
,,'
S'2fl5.58, 59./w· LT,
70..0<>'
7.5..86'
22,0'
;)2..5'
92+17.65. 57.n· RT.
7S.B.'J'
7(,..05'
15.0'
l70'
39.0'
4
LmElt
DISTANCE
ruAI._
/ill I • IUIiVI!I IIJI.
2
,,-",.0'
DATA
SIGN
SlCJjAl. DATA
lQ'1F
WJ/'DO
A 22.2'
'0'
,;
H1
WI
1.~'
B SO.Y
1.~·
aD"
1.5'
ao'
J9S
H2
mow W2
J.O·
'].Ei
3O'
2.S·
POI£
c
I
HElQfT AND 'MOYH CJ" SIGN
HJ I W3
o
H4 I '114
E
H~
I WI!
PAINT COLOR
~
""-1&'';
-
:o§ :fii§
~~:~! ~18
~ tj::i)JlT' ~~'S
u N
c.o
o
.. v. L.S11'!'TEOF
:
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I
I
~
~'t";::i.~~ ~~
~
REVfSJONS
-.-
l~IIIJJ
¥;/ ~GrSr~-O~ 7l, .'. . . . "
~
I
%~7.'~~~~ ~///;'Ss,,:"~ VI.\.BI\"'" 1111111111111\\\\\
O
Vanas.. Hangen lJrwllin, Inc. TfarlS'pOl'"totion. L_d Oovd<'l"fflont,
f"WOo'lmllfllol S~!t 225 f. Robln._ Stroot Sull .. JOO Qo-Iondo, f1. J280' (407)BJ9-4006 Ce~I/fiefJte of AvlhOf'"uotlonl. ,)gJ2 Chrbtino F'ogt-8cuInoi=, P. .
PC
_~
72"'8
e
OSCEOLA COUNTY ENGINEERING DEPARTMENT BOGGY CREEK ROADWA Y WIDENING
SHEET
MAST ARM TABULATION
NO.
T-4
STANDARD MAST ARM ASSEMBLIES DATA TABLE
11} fD
NUMBERS
ASSEMBLY NUMBERS
FIRST ARM FAA FBA ARM TYPE
1ft)
POLE rn~~'-~'-'____'-70-4~~~~~~::~:····SHAFT(4)
LL (deg)
(in.)
2
3
TABLE: NOTES,
1.
GENERAL NOTES,
ASsembly Number Legend 1.
Single Arm: Afr.1 Type Pole Type
=
D# ~ $1/. ::;: £# - 7 #
= r# Double Arm: Pirst Arm Type
requirement. and pedestrian features.
YI#
2. ~
Wad: this sheet with the Signa! Oesigner's "MaSt Arm Tabulation".
See ~"";15t Arm Tabulatiart' for special instructions lha( fnclude
rlofl-staooard Handhole loCation, paim rolor, terminal rompartmeflt
Second Arm Type .. Pole Type
=
0#
w
Work with Index Nos. 17743 ana' 17745.
011 - $#
~
E#
-'" r#
Ell ~
r#
T# ~
W#
2.
If an entry fJppeflrs in CDlvmns "FM" ana "FBA", <1 shorter arm is required. This is obta;np,d by removmg /l!ngth from the arm tip. for these cases the mast J)rm length shiJIfj be shortened from "FA" to "FAA" and the rip diameter shalJ be increas€a from "F8~ f() "FBA",
3.
If an entry appei!rs It) columns "UAA" and "UCtr. ;;! shorter PQle is required. This IS obtained Dr removing length from the pole tip. For these case'S the pale neigh! s!JalJ be shortened from "I)"" to "UM' ond the pole tip dlaml!tef Shall be increased from "UC" to "{leA",
The contractor shaH enSure that the proposed !tolt ntffects the oritmtarion of the arm as shawn the SiQnetil'ation
The foundations (or St;;;ooiJr{J Mast Arm Assemblies iJrf? pre-designed und are
bascd upon the (olloning conservative soil criteria which covers the greiit majority
of soil types fovnd Florida. Only complete the "Special Drilled shafi data
information if sUe cemdftioJ1s dictate driJIed shafts with additional foundation (dpacity,
ClassifIcation Friction Angle Unit Weight
N CD ~
i:
Cotwsionlcss (finc Sand)
3D Degrees (3fT)
5,0 !b~r. I cu. ft. {assum~d saturated}
OSCEOLA COUNTY
STANDARD MAST ARM
ENGINEERING DEPARTMENT BOGGY CREEK ROADWA Y WIDENING
ASSEMBLIES
SHEbl NO.
T-5
STANDARD MAST ARM ASSEMBLIES DATA TABLE
STR!.iCiliRE
(1)
FIRST ARM
ASSEMBLY NUMBERS
ARM TYPE
1
£5-T3
E5
2
£3-T2
£3
3
E5-73
ES
fD
NUMBERS
FM (ft)
SECOND ARM
FBA (in.)
ARM TYPE
--(2)---FAA
,....
LL
UF (deg)
(deg)
(in)
(ft-l
SPECIAL DRILLED SHAFT(4) DB RA 118
POLE POLE TYPE
,
------
(3)
UAA
VB
-
(J)
DA
UCA
11'-1
(IL)
T3
22.5
20.0
16:06
T2
22.5
20.0
13:06
T3
22.5
20.0
16:06
(ft.)
(1ft)
(ft.)
....~
--
I
-------
- _. . .
!
, _-- ...
TAnLf: NOTES:
1.
GENERAL NOTES:
Ass.embly Number Legend Single Arm: Arm Type· Pole Type
Double Arm: First Arm rype
Oil ~ E# ::; F#
Second Arm Type - Pole Type;::: D#
~
E# - T#
F# - fit
w#
2.
If an entry appears in colUmns "FM" "M "FBII", a shOrter i)rm is requIred.
This is obtained by lemo,{fng length from the arm tip. For these cases the mdS!
arm length sh(111 be shorl.f.!(lcd from "fA" to "FAil and the Up dl"omcter sh8i!
be increased from "F8" to "raA".
3.
If an This is
Z,
Work with Index Nos. 17743 and 17745.
3.
The contractor shan eft5ure th",t the proposed bolt p<2tterrt refl~cts the orientation tile arm .as shOwn the Sigllalizaticm Plans.
4,
The foundations for St1J{ld;ud M,sst Arm AssembfJes are pre-designed arx:J are
based upon tile cOliservaUye soil criteria which cover;; the great majority
of soil types found OnFy complete the nSpecial Drilled Shaft~ diJtfJ
information 1! site conditions dictc1te dtilled shafts with fJdditfona! fOUl'ldCltiOh capbCity
or
in columns "VM" fJOO "UtA", (J sharter pole is required,
by remnvlng length frem the pole tip, Par these case$ the pale
shall be shortened from "VA" to "UAII" and the pole tip diameter shaJl
from "ve' to "UCA".
Classifklifion friction Angle Unit Weight
R....SJONS
N
Work this sheet with (Ile De-signer's "Mo'lst Arm Tabulation". See "Mast Arm T()/)(.Jlatlort special instruction:, that non-standard Hi.'II1dhole lociJfion, pajf)l color. (ermino) compartment ll?quiremenL and pedes((iat'l fefitul'(:S.
DII - S* l'&
N
1. Sill' Ttl W#
E#
c.o
I
!
------
= Cohcsionle5$ (Fine SMC)
." 30 Degrees (30")
.., 50 los. I cu. ft (assumed satutatf'!:d)
•
OSCEOLA COUNTY ENGINEERING DEPARTMENT _ _ _--'-------==--....:B=OGGY CREEK ROADWAY WIDENING
STANDARD MAST ARM
ASSEMBLIES
SRl;c[ NO.
J~5
Interoffice Memorandum
I. CONSENT AGENDA PUBLIC WORKS DEPARTMENT
2
May 14,2013
TO:
Mayor Teresa Jacobs and the Board of County Commissioners
FROM:
Mark V. Massaro, P. E., Director, Public WO<'ks Dcparlmenll/rL
CONTACT PERSON: PHONE NUMBER: SUB):
1/
Ruby Dempsey Rozier, Manager Traffic Engineering Division (407) 836-7890
cJLP\u
Road Impact Fee Agreement Transfer for Buffalo Wild Wings at Sea World Application # 13-002
The alternative traffic impact fee calculation for Buffalo Wild Wings at SeaWorld was reviewed and approved by the Impact Fee Committee on April 11, 2013. The approved ca'lculation is the result of a transfer of a substantially similar project, Miller's Ale House. The impact fee variables approved by the Committee to be used to calculate tbe alternative impact fee for this development are: Variable
Trip Gel1~~'ation Rate E'er 1,000 Sg. Ft. H>'lriE' Length (miles) Percent New Trips (%)
Alternative Impact Study Results 40.46 6.35 64
!
Ordinance Rate
Restaurant (High-
Turnover)
127.15
8.06
37
The alternative traffic impact fee utilizing the above variables is $6,875 per thousand square feet. This rate differs from the applicable ordinance rate of $13,785 per thousand square feet (per Ordinance Rate Schedule of May 13, 2011 to present). The Impact Fee Committee requests the approval of the Road Impact Fee Agreement regarding an alternative traffic impact fee calculation transfer between Orange County and Maybar 110, LLC. Additionally, Maybar 110, LLC has paid the County $24,300 for future monitoring for this site. This fee will be used to conduct a follow-up study of the trip generation, trip length, and new trips characteristics of the above referenced site, as provided for in the Road Impact Fee Agreement. This agreement has been approved in form by the County Attorney's Office and Risk Management.
Action Requested: Approval of Road Impact Fee Agreement regarding an Alternative Traffic Impact Fee Calculation Transfer for Buffalo Wild Wings at Sea World by and between Maybar 110, LLC and Orange County, Florida. District 1. MVMJRDRldlj
Attachments
293
Orange County
Transportation Impact Fee Calculation Sheet
Site Name and Location: Alternative Impact Fee File
Buffalo l3-002
Wings
Trip Characteristics
Trip Rate (Trip Trips (one-half trip ends) New Trip Factor Trip Length, Total VMT per Development Unit Impact Fee CalculatiOIl Constants Cost per Net VMT Credit per Total VMT PCT Impact Fee Calculatioll Cost per Development Credit per Development Unit Impact Fee per Development Total Impact Feefor the Site Size of Development Impact Fee for Development
N
40.46 Trips/Unit (KSF, 20.23
Room)
6.35 Miles 82.21
$200.37
$44.41
63.9%
$10,526 ($3,651) $6,875
so
per sq.
<-- Enter the
as KSF, Rooms, or DU)
nils INSTRUMENT PREPARED BY AND AFTER RECORDING RETURN TO Joseph F. Kolb. Jr. YHB, Inc.
225 Robinson Street. Suite 300 Orlando, FL 3280 j
Tax Parcel ID # 07-24-29-7959-00-016
ROAD IMPACT FEE AGREEMENT
REGARDING AN ALTERNATIVE TRAFFIC IMPACT FEE CALCULATION
TRANSFER FOR BUFFALO WILD WINGS AT SEA WORLD
This Road Impact Fee Agreement regarding an Altemative Traffic Impact Fee Calculation Transfer for Buffalo Wild Wings at Sea World (the "Agreement"), effective as of the latest day of execution (the "Effective Date") is made and entered into by and between Maybar 110, LLC, a Florida Limited Liability Company whose mailing address is 195 Wekiva Springs Road, Suite 200, Longwood, FL 32779 ("Developer"), and Orange County, Florida, a charter county and political subdivision of the State of Florida, whose mailing address is c/o County Administrator, P.O. Box 1393, Orlando, FL 32802-1393 ("County"). \VITNESSETH: WHEREAS, Developer is the lessee to Shadow Wood Investors, LLC's certain real property, as more particularly described on Exhibit "A," attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, Shadow Wood Investors, LLC ("Shadow Wood"), a Limited Liability Corporation under the laws of Florida, as the owner of fee simple
t~tle
to the property, hereby
joins and consents to this agreement as evidenced in the attached and incorporated Exhibit "B", and WHEREAS, Developer intends to develop the property as a Restaurant known as Buffalo Wild Wings at SeaWorld, Application Number 13-002 ("the Project"); and WHEREAS, pursuant to section 23-93 of the Orange County Code, Alternative Traffic Impact Fee Study Number 08-007 ("Alternative Impact Fee Study") for a substantially similar project, Miller's Ale House, was submitted to County in accordance with the Road Impact Fee
295
ALT ROAD IMP FEE AGMT Buffalo Wild Wings at ScaWorld 2013 Page 2 of 11
Agreement regarding an alternate traffic impact fee calculation for Miller's Ale I-louse which was approved by the Orange County Board of County Commissioners on December 16, 2008 and recorded at Official Records Book 9822, Page 2486, Public Records of Orange County, Florida; and WHEREAS, monitoring of Miller's Ale House in accordance with the Road Impact Fee Agreement regarding an alternate traffic impact fee calculation was completed by County or by an agent of behalf of County, resulting in the Orange County Alternative Roadway Impact Fee Monitoring Services Final Report, Miller's Ale House, dated February 28, 2013 (hereinafter the "County's Monitoring Study"); and WHEREAS, the Alternative Traffic Impact Fee has been calculated in accordance with the formula set forth in section 23-93 of the Orange County Code; and WHEREAS, Orange County's Impact Fee Committee approved transfer of County's Monitoring Study to the Project which is the subject of this Agreement; and WHEREAS, on April 11, 2013, County conditionally accepted Developer's Alternative Traffic Impact Fee calculation with the following results: Average Daily Trip Generation Rate of 40.46 trips per 1,000 square feet; Percentage of New Trips 64%; and Total Trip Length of 6.35 miles; and WHEREAS, pursuant to section 23-94 of the Orange County Code, the parties are required to enter into this Agreement. NOW, THEREFORE, in consideration of the premises contained herein and other good and valuable consideration exchanged by and between County and Developer, the receipt and sufficiency of which are hereby acknowledged, the parties hereto stipulate and agree as follows:
1.
Recitals. The above recitals are true and correct and are incorporated herein by
this reference.
296
ALI' ROAD IMP fEE AGMT Buffalo Wild Wings at SeaWorld 2013 Page 3 of 1)
2.
Conditional Acceptance ofAlternative Traffic Impact Fee CalculatiOli. Subject
to sections 3 and 4 of this Agreement, County conditionally accepts the Alternative Traffic Impact Fee calculation submitted by Developer. 3.
Monitoring
(a)
Within five (5) years of the effective date of this Agreement, County shall
conduct, or shall have begun to conduct, "monitoring." For purposes of this Agreement, the term "monitoring" shall mean (i) taking machine traffic counts and/or manual traffic counts at all entrances and exits to and from the Project for five (5) consecutive days, excluding legal holidays, and/or Oi) conducting surveys for five (5) consecutive days to determine trip length and/ or percentage of new trips associated with the Project. Such monitoring may be done by County or by an authorized agent acting on behalf of County. (b)
Contemporaneously with Developer's execution and submittal of this Agreement,
Developer shall deliver a check to County in the amount of Twenty-Four Thousand Three Hundred Dollars ($24,300.00) to cover County's cost of conducting monitoring pursuant to paragraph 3 (a) ("Monitoring Fees").
The check shall be made payable to "Orange County
Board of County Commissioners" and shall be brought to the Fiscal and Operational Support Division of the Community, Environmental, and Development Services Department. Upon payment of the Monitoring Fees to County, no fm1her Monitoring Fees shall be owed by Developer to County under this Agreement. (c)
If the monitoring performed by County, or by its authorized agent on behalf of
County, results in any additional impact fee, Developer shall pay the difference between the Alternative Traffic Impact Fee conditionally accepted by County under section 2 above, and any additional fee shown to be owing (the "Additional Alternative Impact Fee"). (d)
Developer shall pay the Additional Alternative Impact Fee to County within thirty
(30) days following written demand by County to Developer, or to its successors or assigns. Developer shall pay to County, by certified cashier's check, the Additional Alternative Impact,
297
ALT ROAD IMP FEE AGMT
Buffalo Wild Wings at SeaWorld 2013 Page 4 of 11
Fee plus interest from the date of this Agreement until the date of demand, at the rate in effect on the date the monitoring is completed, as established quarterly by the Comptroller of the State of Florida for judgments and decrees, pursuant to section 55.03, Florida Statutes. (e)
Any Additional Alternative Impact Fee owed shall be calculated using the cost
variables (e.g., construction costs, tax credits, right-of-way acquisition costs) found in the Orange County traffic impact fee ordinance existing on the effective date of this Agreement, and the monitoring variables (i.e., trip generation, total trip length, and percentage of new trips) which result from County's monitoring. (f)
If monitoring by County results in a decreased total impact fee, Developer shall
not be entitled to any refund. (g)
Once paid to County, the Alternative Impact Fee, Monitoring Fees, and/or
Additional Alternative Impact
4.
are all non-refundable.
Expansion of Development. In the event the Project expands after the effective
date of this Agreement, Developer or its successors or assigns shall be subject to payment of an additional road impact fee pursuant to the fee schedule set forth in section 23-92 of the Orange County Code, as the fee schedule may be amended from time to time.
5.
Successors and Assigns. This Agreement shall be binding on, and shall inure to
the benefit and detriment of, the heirs, legal representatives, successors, and assigns of the parties and shall run with Property and be binding upon the successors and assigns of Developer and upon any person, firm, corporation, or entity who may become a successor in interest to Property.
6.
Notices. Any notice delivered with respect to this Agreement shall be in writing
and shall be deemed to be delivered (whether or not actually received) (i) when hand delivered to the person(s) hereinafter designated, or (ii) upon deposit of such notice in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the person at the address
298
ALT ROAD IMP FEE AGMT l3uffalo Wild Wings at SeaWorld 2013 Page 5 of 11
set forth opposite the party's name below, or at such other address or to such other person as the party shall have specified by written notice to the other pariy delivered in accordance herewith: As to Developer:
Maybar 110, LtC 195 Wekiva Springs Road, Ste. 200 Longwood, 32779
As to Shadow Wood:
Shadow Wood Investors, LLC 630 South Maitland Ave., Suite 100 Maitland, FL 32751
With a copy to:
VHB, Inc. 225 E. Robinson Street, Ste. 300, Orlando, FL 3280]
As to County:
Director, Orange County Public Works Depaliment 4200 South 10hn Young Parkway Orlando, Florida 32839
With copies to:
Orange County Public Works Department Manager, Traffic Engineering Division 4200 South 101m Young Parkway Orlando, Florida 32839 Community, Environmental, and Development Services Department Manager, Fiscal and Operational Support Division 201 South Rosalind Avenue Post Office Box 1393 Orlando, FL 32802-1393
7.
Recordation ofAgreement. The parties hereto agree that this Agreement shall be
recorded in the Public Records of Orange County, Florida, at Developer's expense, within ten
(10) business days of the Effecti ve Date.
8.
Applicable Law. This Agreement and the provisions contained herein shall be
construed, controlled, and interpreted according to the laws of the State of Florida, and in accordance with the Orange County Code.
299
ALT ROAD IMP FEE AGMT
Buffalo Wild Wings at Sea World 2013 Page 6 of II
9.
Specific Performance. County and Developer shall each have the right to enforce
the terms and conditions of this Agreement only by an action for specific performance. Notwithstanding the foregoing statement, nothing herein precludes County from imposing a lien(s) against the Property for non-payment of impact fees. Venue for any action(s) initiated under or in connection with this Agreement shall be in the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida.
10.
Attorney Fees. In the event either party hereto brings an action or proceeding,
including any counterclaim, cross-claim, or third party claim, against the other party arising out of this Agreement, each party in such action or proceeding, including appeals therefrom, shall be responsible for its own attorney fees. J 1.
Construction of Agreement. Captions of the sections of this Agreement are for
convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
300
ALT ROAD IMP FEE AGMT
Buffalo Wild Wings at SeaWorld 2013 Page 7 of 11
IN WITNESS WHEREOF, County and Developer have caused this Agreement to be duly executed by their respective duly authorized representatives on the dates set forth below.
COllNTY ORANGE COUNTY, FLORIDA By: Board of County Commissioners By: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Teresa Jacobs, Orange County Mayor Date: - - - - - - - - - - - - - - - - - - - - - - - - - - - ATTEST: Martha O. Haynie, County Comptroller As Clerk of the Board of County Commissioners By:_ _ _ _ _ _ _ _ _ _ __ Deputy Clerk
301
ALT ROAD IMP FEE AGMT Buffalo Wild Wings at SeaWorld 2013 Page 8 of 11
DEVELOPER
President
STATE OF FLORIDA COUNTY OF ORANGE FOREGOING
instrument
was
acknowledged
before me by is known by me to be "f\\'e is personally (type of identification) as
__-,-,-,-=,,-,-,-_\a_'__M-'-'S_S_ _ _ _ _, of _ _ _ _ _ _ _ _ _, who the person described herein, this day of known to meJor has produced _ _ _ _ _ _ _ _ _.. . . . . . . _ identification and did,@id nQi)(circle one) take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this \Slit day of_-'.:.....-"--_ _ _ _, 20 \. .
.'i~~:."~.
~.~
JULIET CAMPBELL
. ;.} MY COMMISSION #I EE853710 "~f."loO! .,-- EXPIRES November 2.5, 2016 'ii .....,·
(<4()7) 3Q8.0153
.com
302
ALT ROAD IMP FEE AGMT
Buffalo Wild Wings at SeaWorld 2013 Page 9 of 11
Exhibit "A" Buffalo Wild Wings at SeaWorld 07-24-29-7959-00-016
Legal Description:
A PORTION OF LOT 1, SHADOW WOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 27, PAGES 71 AND 72, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, LYING IN SECTION 7, TOWNSHIP 24 SOUTH, RANGE 29 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT SOUTHEAST CORNER OF SAID LOT 1; THENCE RUN N 00°19'54" W, ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 1225,69 FEET; THENCE, DEPARTING THE EAST LINE OF SAID LOT 1, RUN S 89°40'06" W, A DISTANCE OF 631.21 FEET FOR THE POINT OF BEGINNING; SAID POINT BEING A POINT OF CURVATURE OF A NON ,TANGENT CURVE, CONCAVE WESTERLY, HA VING A RADIUS OF 2,626,83 FEET; THENCE, ON A CHORD BEARING OF S 07°]9'18" E AND A CHORD DISTANCE OF 665.34 FEET, RUN SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 667.13 FEET, THROUGH A CENTRAL ANGLE OF 14°33'05"; THENCE RUN S 00°02'46/1 E, A DISTANCE OF 53.30 FEET; THENCE RUN S 89°57'14/1 W, A DISTANCE OF 250.00 TO A POINT ON THE EASTERL Y RIGHT-OF-WAY LINE OF INTERNATIONAL DRIVE, AS RECORDED AND DESCRIBED IN OFFICIAL RECORDS BOOK 3807, PAGE 1927, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN NORTHERLY, ALONG SAID EASTERLY RIGHT-OF-WA Y LINE, THE FOLLOWING TWO (2) COURSES AND DISTANCES; RUN N 00°02'46/1 W, A DISTANCE OF 53.30 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 76.83 FEET AND A CENTRAL ANGLE OF 14°33'05"; THENCE RUN NORTHERL Y, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 603.64 FEET TO A POINT ON SAID CURVE; THENCE RUN N 75°24'09" A DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING.
303
ALT ROAD IMP FEE AGMT
Buffalo Wild Wings at Sea World 20 I 3 Page 10 of 11 Page 1 of 1
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ALT ROAD IMP FEE AGMT
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at
SeaWorld 2013
Page 11 of 11
Exhibit "B"
JOINDER AND CONSENT
Shadow Wood Investors, LLC, as fee simple owner of the real property described on Exhibit "A" attached hereto and incorporated herein, does hereby acknowledge its joinder and consent to the execution of the Agreement to which this Joinder and Consent is attached and to of _ _, 2013. its terms and conditions, on this Ryan Stahl Manager Shadow Wood),m~LLC By:------'-i'""\-l'-'--~:-----------
WITNESSES:
il o:/! f. /, 11 A t::;/~rrrrJ'UlL~--
f ;j;~ l/J o~
f
Name:~ll1tl( ~j}jC&a:
Print
Print Name:
A~y- mcCOol::..
STATE OF FLORIDA
COUNTY OF ORANGE
T~1e foregoing instrument was acknowledged before me bY!¥jO,Y~'If ~StoJo,\
,
of j\rtui mAl Vdcrc\ lnvesilx:.>IDho is knowr by' me to be the perion d&<}cribed herein and who executed the foregoing, this day I , 20~. sft11Clis p~rsonall¥kn~wn to me or has produced ___ . _ _ _ _ _ _ _ __
identification and id/did not take an oath.
./V\o. l'\ilal-f
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A~. W~ lITNESS my hand and official seal in the County and State last aforesaid this JJ~ay of ~......... ,2013 .
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MY COMMISSION # D0956075
E),?IRES February 15,2014
FloridaNolarYSOrvlca,com
305
OFFICIAL RECEIPT Orange County
201 S. Rosalind Avenue
Orlando, FL 32802
Receipt Date: Receipt #: Cashier Name:
04/19/13 00:00:00 47956 [email protected]
Payee Information:
MAYBAR 110, LLC P.O. Box 917297 FL,
Receipt #: 47,956
Ref#:OFP13002470 Project Name#: BUFFALO WILD WINGS ParcellD: Fee Description
Amount
Moitoring Fees
$24,300.00 Record Total:
$24,300.00
Payment Total:
$24,300.00
Payment Method
Amount
CHECK
$24,300.00 Total: Overpayment
$24,300.00 0.00
306
Interoffice Memorandll
I. CONSENT AGENDA PUBUCWORKS DEPARTMENT
3
GOVERNMENT Fl.O
II
Apri119,2013
I D ,\
TO:
Mayor Teresa Jacobs
and Board of County Commissioners
FROM: Mark V. Massaro, P.E., Director, Public Works CONTACT PERSON:
Robin L. Hammel, P.E., Manager . Public Works Engineering Division ~~. (407) 836-7909
JVo
PHONE NUMBER: SUBJ:
Depa~r/1"-4'(!...
State of Florida Department of Transportation Construction Agreement.
Orange County is Pl;oposing a roadway and bridge improvements to Wetherbee Road from Balcombe Road to Orange A venue. The improvements consist of widening and constructing a four-lane urban roadway, including a bridge over the Florida's Tumpike. The Florida Department of Transportation (FDOT) owns the right-of-way for the Wetherbee Road bridge over the Florida's Turnpike. As a result a Construction Agreement is required to complete the proposed roadway improvements within FDOT's right-of-way. Public Works, Risk Management, and the County Attomey's Office have reviewed the agreement and find the terms and conditions acceptable. A copy of this agreement and all supporting documentation is in the top drawer of the Board of County Commissioner'S file cabinet in the supply room adjacent to Commissioner Thompson's ot1ice.
Action Requested:
Approval of State of Florida Department of Transportation Construction Agreement by and between State of Florida, Department of Transportation and Orange County, Florida for Construction of the Roadway Improvements along Wetherbee Road from Balcombe Road to Orange Avenue, including the bridge over the Turnpike within FDOT's right-of-way. District
4. MVM/AA/JJF/re
Attachments
307
Interoffice Memorandt
I. CONSENT AGENDA UTILITIES DEPARTMENT 1
April 29, 2013 FLORIDA
TO:
Mayor Teresa Jacobs
and Board of County Commissioners
FROM:
Raymond E. Hanson, P. Utilities Department
,Director
SUBJECT: BCC AGENDA ITEM - Consent Agenda May 14, 2013 BCC Meeting Approval of Additional Funding for the Utility Work Associated with the Florida Department of Transportation State Road 50 (Colonial Drive) from Dean Road to Old Cheney Highway Construction Contact: Andres Salcedo, P. E., Manager Utilities Engineering Division Manager 407 -254-9719 On March 20, 2012, the Board approved a "Utility Work by Highway Contractor Agreement (At Utility Expense)" for up to $21,896,000 for the water and wastewater utility improvements that were necessitated as a re~ult of the Florida Department of Transportation's (FOOT) State Road 50 (Colonial Drive) Project between Dean Road and Old Cheney Highway. The utility work consists of installing 26,484 feet of 24-inch water main; 8,488 feet of 12-inch water main; 14,9.81 feet of 30-inch force main; 5,626 feet of 24-inch force main; and associated minor pipes, valves and appurtenances. The final cost estimate for County utility work has increased to account for additional work due to FOOT design changes and for recent increases in construction costs. Based on the new cost estimate, the Utilities Department is requesting the Board authorize payments for additional expenses of $1,089,401.60 to FOOT for a total of actual expenses up to $22,985,401.60. This amount includes a 2% FOOT administrative fee and a 10% contingency allowance, as required by the agreement.
Action Requested: Authorize payments for additional expenses in the amount of $1,089,401.60 for a total of actual expenses up to $22,985,401.60 for the utility work associated with the State Road 50 (Colonial Drive) Construction Project between Dean Road and Old Cheney Highway (FDOT Project No.: 239203-4-56-01). Districts 3, 4 and 5.
308
II. INFORMATIONAL ITEMS COUNTY COMPTROLLER
1
OFFICE OF THE COIVIPTROLLER ORANGE COUNTY FLORIDA
MARTHA O. HAYNIE, CPA County Comptroller 201 South Rosalind Avenue Post Office Box 38
Orlando, Florida 32802
Telephone: 407-836-5690
Fax: 407-836-5599
Website wWw.occomptcom
COUNTY COMMISSION AGENDA
Tuesday, May 14, 2013
COUNTY COMPTROLLER
Informational only - No Board action required
Receipt of the following items to file for the record: a.
City of Apopka Annexation Ordinances and Vicinity Maps as follows: - Ordinance No. 2267, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by Property Industrial Enterprises, LLC, located south of 1st Street and west of Hawthorne Avenue; providing for directions to the City Clerk, severability, conflicts, and an effective date. Ordinance No. 2268, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by KTS Consultants, Inc., located south of 1st Street and west of Hawthorne Avenue; providing for directions to the City Clerk, severability, conflicts, and an effective date.
- Ordinance No. 2274, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by City of Apopka, located north of West McCormick Road and east of S.R. 429; providing for directions to the City Clerk, severability, conflicts, and an effective date. - Ordinance No. 2275, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by City of Apopka, located south of Orange Blossom Trail and west of North Hiawassee Road; providing for directions to the City Clerk, severability, conflicts, and an effective date. - Ordinance No. 2276, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned t309
Adams Brothers Construction Company, Inc., located south of East 13th Street and
west of Apopka Boulevard; providing for directions to the City Clerk, severability,
conflicts, and an effective date.
- Ordinance No. 2277, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by Rock Springs Estates, LLC., located north of West Lester Road and east of Vick Road; providing for directions to the City Clerk, severability, conflicts, and an effective date. - Ordinance No. 2278, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by Rock Springs Estates, LLC., located south of West Lester Road and east of Vick Road; providing for directions to the City Clerk, severability, conflicts, and an effective date. - Ordinance No. 2293, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by Apopka Assembly of God, located south of Adams Avenue and east of Park Avenue; providing for directions to the City Clerk, severability, conflicts, and an effective date. - Ordinance No. 2294, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by Apopka Assembly of God, located north of Monroe Avenue and east of Park Avenue; providing for directions to the City Clerk, severability, conflicts, and an effective date.
- Ordinance No. 2295, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by Cyril P. Orr Trust. located south of Orange Blossom Trail and west of Hawthorne Avenue; providing for directions to the City Clerk, severability, conflicts, and an effective date. - Ordinance No. 2296, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned bv
310
City of Apopka, located south of Snowden Road and east of Old Apopka Road; providing for directions to the City Clerk, severability, conflicts, and an effective date. Ordinance No. 2297, An Ordinance of the City of Apopka, Florida, to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044 the hereinafter described lands situated and being in Orange County, Florida, owned by City of Apopka, located south of Snowden Road and east of Old Apopka Road; providing for directions to the City Clerk, severability, conflicts, and an effective date. Items filed for the record can be accessed at www.occompt.com. Then navigate to Clerk of the BCC.
311
III. DISCUSSION AGENDA
COMMUNITY, ENVIRONMENTAL
AND DEVELOPMENT SERVICES
DEPARTMENT
1
Interoffice
Mt::IIIVI dllUUIII
AGENDA ITEM
I'LORIIlA
April 30, 2013 TO:
Mayor Teresa Jacobs -ANDBoard of County Commissioners
FROM:
Jon V. Weiss, P.E., Community, Environmental· a~ Development Services Department
SUB,JECT:
May 14, 2013 - Discussion Item Regional Priorities Update
Directo~':->·
The Central Florida Partnership has formed a Leadership Council to help guide the process of establishing regional priorities for 2013. Jacob V. Stuart, President of the Central Florida Partnership, will brief the Board on the "Turning the Page" process, a series of community workshops and request for insights for setting regional priorities (see attachment). This presentation is for informational purposes only; no action is required by the Board. JVW:rep Attachment
312
CENTRAL FLORIDA
PARTNERSHIP
•
1.1
i ;:,:", :'.:<:
"
I
'~"~"~:~:
:' ;,,:'"'
;;X'(;Big!f:yi~~~for
Insights
Central Florida Counties (Brevard, Lake, Orange, Osceola, Polk, Seminole, and Volusia)
Workshop Table
Date _ _ _ _ _ _ _ __ Leader
--------------------------~----~~~------------
T11eCellllll/ Florida Parlncrsilip intends to build on success by renewII19 ils roster of regional priorities and responding to the (all for a new
round of decisive actions for the corning years. With the Ihougbtful e"C]iltJcITlcnt of nur flduciilries, investors, all "Unes 01 BUSiness" (LOBs) and our COl11illunity Partners, we will Eilsure our acUons ale driven by sound lcscarch and data. We will rely on our r"glolialleadels and t<'ams throughout the Partnersilip to find the right answers; and enSUIE' that we ~rE' in a focused and well structured pOSition to take decisive Jctions. We will oriellt leaders In the strengths and successes oftlw Partnership, and leverage its assets towards success. Witl) the help of a dlsciplinNi Leadership Council of !~giont3t leaders, we inlend to move forwilrd with the rolio\"ljn~ villuES in minci:
SpEed
Claril)' Simplicity
Transpa;ency Eady leader engagEmcnt for long-term ownership Ever-evolvin,J diversi!)! of pmticip,nion,
perspectiv0s, and idE'oS Connections between and (lrnong all moving pans of the Porlnersilip Sound execution in
313
r
a
t
Request for Insights The
Core
Request for
InsightS
questions arC 0" pages 8~9,
Advancing Our Shared Agenda Regional Priorities for the Central Florida Parlnership Building on Central Florida's rich history in agriculture, hospitality, tourism and conventions, and realizing the diversity and richness of our region today with the addition of centers of excellence in healthcare, entrepreneurship, aerospace, and modeling, simula tion & training, the Central Florida Partnership fashions its ongo ing work around thoughtful conSideration of the challenges faced by individuals, families and businesses recovering from the recent economic downturn and skyrocketing unemployment. The Part nerShip'S advocacy and support of specific strategic Regional Pri orities will advance our journey to economic prosperity.
These building blocks for the 21st century guide our collective work through collaboration and cooperation with a host of partners throughout Central Florida and Florida's Super Region, As these initial building blocks move to completion, compromise or cancellation, other regional issues will be brought fOlWard for consideration and action.
Under the direction of the Central Florida Partnership's Board of Directors, each Regional Priority is guided by one (Dr more) of Its Lines of Business: Regional Entrepreneurship (Orlando, Inc.), Regional Leadership (Leadership Orlando), Regional Public Policy Advocacy (8usinessForce), and Regional Research & Resolves (myregion.org) Additionally, so that the Board of Directors of the Central Florida Partnership is advantaged by input for policy-making and decision making from all segments olthe regional community, the Partners/Jip has established Advisory Committees and Councils which represent specific audiences crucial to the region's vitality. These include: Central Florida Legislative Delegation, Central Florida Young Professionals Advisory Council (YPAC), Cell/ral Florida Congress of Regional Leaders, and Central Florida Roundtable for Community Based Organizations. In a ccncerled effort to educate and inform our Board Members, Volunteer Leaders, Investors and Members, the following is an update of the Regional Priorities first published in 2010 that Indicates our leadership initiatives, short term progress, and long· term potential.
Some of the current Regional Priorities are under evatuation for being continued or refreshed to meet the current and emerging needs of our family of communities, Please consider and provide input on the following current Regional Priorities.
ACTION Aerospace Research & Development' Working with the Florida Chamber of Commerce, Space Florida and others, the Central Florida Partners.hip supports policies, investments and advocacy that clearly identify the State of Florida as the best localion for the next generation of federal and commercial aerospace opportunities. In support of this goal, Aerospace Research & Development was the key theme for the 2011 Baker Hostetler Central Florida Partnership "Trip to Washington, 0, c." held May 11-12,2011, bringing a message of aerospace industry support 10 the Central Florida Congressional Delegation.
Rank the importance of Championing this Regional Priority from 1 to 5, (1 not important at al/; 5 of critical importance)
Should the CFP work on this regional priority continue? Yes ONo I am uncertain
Rank the importance of championing this Regional Priority from 1 to 5, (1 not impOrlant at all; 5 of critical importance)
Should the CFP work on this regional priority continue? o Yes o No I am uncertain
Rank the importance of championing thiS Regional Priority from 1 to 5. (1 nOf important at all: 5 of en'tical importance)
Should the CFP work on this regional priority continue? o Yes ONo I am uncertain
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Innovation and Entrepreneurship A vibrant entrepreneurial ecosystem is key 10 generating jobs and thriving businesses. Comprised of funding sources, resource providers, entrepreneurial specialistslbusiness services, sources of innovation, advocates, talent, educators and others, Central Florida's Interconnected, well-coordinated entrepreneuriai ecosystem is a vehicle for identifying and recommending solutions to critical issues and ongOing dialogue wilh entrepreneurs alld other stakeholders. Because Innovation and Entrepreneurship are en tical to maximizing the economic potential for the region, Orlando, fllC., is focused on enhancing a rale of SUstainable business gro'Nth and job creation through the following programs and initiatives: Business Success Strategies, Business Leadership Roundtable, EnlrepreneursAcademy, Orlando Technology Forum, The B.I.G.* Summit, The B.I.G.* Award and an entrepreneur-centric legislative agenda. Orlaneto, Inc., is commilled to "connecting entrepreneurs to success,"
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Canaveral Port Authority' (Florida Ports CounCil) Working with the Florida Chamber of Commerce, Floridians for Better Transportation (FBT), Florida Ports Council, Canaveral Port Authority, and others, the Central Florida Partnership will work to improve Florida's Ports so as to better position the State of Florida as a Global Leader in trade and tourism, With the completion of the Panama Canal Expansion in 2015, there is great urgency in moving this matter fOlWard now, since port infrastructure improvements yield a $7 return in economic activity for each $1 of investment.
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FLASH, A Fresh Look at Strategies on Homelessness The goal of the Central Florida Regional Commission on Homelessness (CFCH) is to collaboratively lead the formation and execution of strategies and plans that will allo''\/ our region 10 attack the root causes of, and find solutions to, homelessness. Our environment has shifted since the Commission was established, hampering its mission, including the Great Recession which contributed to significant growth in Ihe homeless population. Significant new and annuitous sources of investment capital are needed from public and private sources, particularly where chronic r,omelessness is concerned. In a Resolution of Support adopted by its Board of Directors on January 18, 2012, the Cenlral Florida Partnership endorses the work of the Central Florida Regional Commission on Homelessness and, using the influence and resources of others to establish a new value proposition and image for CFCH, will provide a "call to action" by adding the challenge 01 ending chronic homelessness in the region to ils Regional Priorities, putting homelessness on the business community'S radar and opening the door for "business champions" \0 speak out for solutions.
Rank the importa nce of championing this Regional Priority from 1 to 5. (1 not imporlani at all; 5 of critical importance)
Should the CFP work on this regional priority continue? o Yes No o I am uncertain
Rank the importance of championing this Regional Priority from 1 to 5. (1 nol imporlanl al all; 5 of critical imporlance)
Should the CFP work on this regional priority continue? o Yes o No I am uncertain
Rank Ihe importance of championing this Regional Priority from 1 105. (1 not important at all; 5 of critical imporlance)
Should the CFP work on this regional priority continue? Yes No I am uncenain
Rank the importance of championing this Regional Priority from 1 to 5. (1 not imporlant af all; 5 of criticaf importance)
Should the CFP work on this regional priority continue? Yes No I am uncertain
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No (More) Casinos in Florida High-stakes casino gambling is demonstrably linked to higher social costs, including the cost of regulation, the cost of crime, the cost of additional law enforcement, and the cost of treatment for addicted gamblers. When intrOduced into developed tourism economies, casino gambling has devastating effects on established local businesses. It is important \0 note that Florida's history with gambling demonstrates its natural tendency to expand to new areas once introduced. Given the fact that the Florida Legislature considers legislation to, expand gambling In Florida, the Central Florida Partnership Board of Directors passed a Resolution in support of the efforts of "No (More) Casinos in Florida," on November 16, 2011, opposing the expansion of gambling in Florida, by opposing legislation that would legalize so-called "Destination Casinos" in Florida, and by supporting legislative efforts to close the loophole allowing "Internel Gambling Cafes" to exist throughout Florida.
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Project Hometown In addition to·the Amway Center which opened in 2010 as the first ofihree Community Venues that are part of Project Hometown, the construction of the new Dr. Phillips Cenler for the Performing Arts and the renovation of the Florida Citrus Bowl Stadium remain a priority for our region, In February 2011, Orange County and the City of Orlando agreed on the establishment of a new nonprofit corporation - the Community Construction Corporation - to manage construction of the Dr. Phillips Center for the Performing Arts and to address oversight, management and contracts. Groundbreaking was held on June 23, 2011, and construction is under way. The Celltral Florida Partners/lip Is committed to Ihe completion of each of these projects and will work in support of this continued effort. A Resolution of Support was approved by the Central Florida Palinership Board of Directors on January 18, 2012, advocating the initiation and completion olthe proposed renovation of the Florida Citrus Bowl Stadium and the use of revenues collected through the Tourist Development Tax (TOT) as a primary funding source for the renovations.
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Wekiva Parkway On May 25, 2011, the Orlando-Orange County Expressway Authority and the Florida Department of Transportation formally announced F DOT, through Florida's Turnpike Enterprise, has offered a meaningful partnership toward making the Wekiva Parkway a reality, witll the goal of starting construction in late 2012. Tills hallmark road project completes the much needed beltway around the Metropolitan Orlando area. The Wekiva Parkway is a 27 -mile road through Lake, Orange and Seminole counties; it will weave through one of the state's naturallreasures, the Wekiva River Basin; it is deSignated an outstanding Florida Water, a National Wild and Scenic River and a Florida Aquatic Preserve. Environmentalists praise the planning process for including the preservation of 9,000 acres of environmentally sensitive land, as well as extensive wildlife bridging to enhance habitat connectivity and reduce animals harmed by vehicles. The Central Florida PartnerShip, through its Central Florida Transporlation Corridors Task Force, has, and will continue to work with the Orlando-Orange County Expressway Authority, Florida Department of Transportation, and others to seek a balance between the Interests of the public, the environment and the transportation needs of Cenlral Florida: with the intent to minimize impacts to the environment, homes and businesses; while also developing a transportation system that meets the region's growing needs. On January 12, 2012, MetroPlan OrlandO approved the $1,66 billion road project with construction beginning in the fall of 2012; Completion is slated for 2021.
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RESEARCH & RESOLVES Connecting for Global Competitiveness: Florida's Super Region' It is forecasted that by 2050 Tampa Bay and Central Florida will become a single economic super region and Florida's dominant economic driver. With 7.2 million residents and $284 billion in gross regional product, the coast-to-coast super-region is already the seventh most populous region, and the tenth largest economy, in the United States. The future success of this super.region requires better connectivity for workers, visitors. and freight. Connectivity to markets worldwide is also required, building on the success of the super-region's seven commercial service airports, three deepwater seaports, two major intermodal freight terminals. and the world-leading spaceport at Cape Canaveral.
Rank the importance of championing this Regional Priority from 1 to 5. (1 not important al all; 5 of critical importance)
Should Ihe CFP work on this regional priorily continue? o Yes ONo o I am uncertain
The Central Florida Partnership and the Tampa Bay Partnership, working through myregion.org, contracted with the University of Pennsylvania (PennDesign), to demonstrate the potential advantages of coast-Io-coast connectivity and to develop a "Super Regional Strategy" for transporlatior1 and land use, economic and workforce development, environmental sustainability and quality of life issues. This 14-county effort was advanced with support from Progress Energy, Workforce Central Florida, University of Central Florida Metropolitan Center for Regional Studies, Florida High Tech Corridor Council, Central Florida Development CounCil, and in partnership with over 70 business, transportation and land use organizations from Tampa Bay to Central Florida. Developing a Regional Water Strategy for Central Florida Ensuring a sustainable and cost effective water supply as our population grows is important to every business and every citizen. The Development of a Regional Water Strategy for Central Florida is an 18-month project, being advanced by the Central Florida Partnership through myregion.org, with ULI Central Florida, the St. Johns' River, Southwest Florida and South Florida Water Management Districts, Florida Department of Environmental Protection and University of Central Florida Metropolitan Center for Regional Studies. The project focuses on regional solutions to address the value, accessibility and affordability of this most important natural asset. Traditionally relied upon, our primary source of potable water may not be adequate to meet future needs, given projected growth of the Central Florida Region to almost 7 million residents by
Rank the importance of championing this Regional Priorily from 1 105. (1 not important at al/; 5 of critical importance)
Should the CFP work on this regional priorily continue 7 o Yes ONo o I am uncertain
2050. Open for Business: The Central Florida Coalition for Growth and Prosperity A Coal ilion of Central Florida business associations has been established to address the region's economic recovery. Focused first on identifying economic and regulatory barriers, this broad-based Coalition represents more than 10,000 leaders in virtually every business sector of the eight-county Cenlral Florida region. The Coalition's Organizing Committee includes ASSOCiated Builders & Contractors, Central Florida PartnerShip, Home Builders Association of Metro Oriando, Metro Orlando Economic Development Commission, Orlando Regional REAL TOR Association, and WORKFORCE CENTRAL FLORIDA, working with others to ensure widespread input and agreement on how to remove barriers to economic prosperity and growth. Open for Business is a "natural fit" with The Florida Eight initiative, a statewide plan established by Workforce Florida, Inc., calling for the formation of Eight (8) Regional Business Teams (RBTs) to coordinate the creation, launch and management of region-based, state-connected strategy and action to drive job and business retention. Project Management for the East Central RBT is underthe direction of myregion.org, a Line of Business of the Central Flonda PartnerShip.
Rank Ihe importance of championing Ihis Regional Priority from 1 105. (1 not important at al/; 5 of critical importance)
Should the CFP work on this regional priority continue? o Yes ONo o I am uncertain
In an unprecedented showing of regional collaboration, nearly 200 regional leaders gathered on Friday, December 14, 2012, for a "Community Celebration" to announce the first-ever Regional Approach to Streamlining Permitting. This regional approach to streamlining permitting, agreed upon by 7 counties and 24 cities in Central Florida, will provide conSistent base standards for all municipalities, allowing bUSinesses to open taster, efficiently and more intelligently. It will also serve as a sounding board for businesses and municipalities to provide feedback on how government and business is working together to advance our region's economic recovery.
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STEM (Science, Technology, Engineering & Math) In June 2009, Workforce Florida and Enterprise Florida announced plans to create a statewide council to strengthen the Science, Technology, Engineering and Math (STEM) skills of Florida's students as a way to address the increasing demand from jobs requiring strong foundations in these areas. The business-led STEMflorida Council, funded by a $580,000 grant from Workforce Florida, will connect business, education, workforce, and economic development leaders to identify opportunities to build and measure the state's supply of workers with skills and knowledge in these fields to support innovation in existing and emerging industries, As part of the focus on Business Innovaiion and Growth by Orlando, Inc, the Central Florida Partnership will work with the region's universities and community colleges, and the Cenlral Florida School Boards Coalition to encourage business leaders to take a greater staKe and leadership role in efforts to develop a high skilled, high-wage, high-value workforce of tomorrow.
(1 nol important al all: 5 of crilical importance)
Should the CFP work on this regional priority continue? o Yes a No o I am uncertain
Rank the importance of championing this Regional Priority from 1 to 5. (1 not important .t all; 5 of critical impOttance)
Should the CFP work on this regional priority continue? aYes No I am uncertain
Rank the importance of championing this Regional Priority from 110 5. (1 not important al all; 5 of critical importance)
Should the CFP work on this regional priority continue? Yes ONo I am uncertain
Rank the importance of championing this Regional Priority from 1 to 5, (1 nol imporlant al all; 5 of critical imporlance)
Shoulc the CFP work on this regional priority continue? o Yes ONo o I am uncertain
Rank the importance of championing this Regional Prionty from 1 to 5. (1 nOllmportant at al/: 5 of critical importance)
Should the CFP work on this regional priority continue? o Yes o No o I am uncertain
Rank the importance 01 championing this Regional Priority from 1 to 5.
AWARENESS & SUPPORT Hospitality, Tourism & Conventions Building upon the rich history of the hospitality industry as a foundational piece of the Central Florida economy, and Orlando's recent announcement as the first U,S. city to reach 50 million visitors, the Central Florida Partnership maintains long-term relationships and continues to advance the missions ofthe Cenlral Florida I-/olel &Lodging Association, Visit Orlando and other convenlion and visitors bureaus throughout the seven-county region. This was especially true with the ground-breaking agreement to expand the use of Tourist Development Taxes (TOTs) to support the advancement of Project Hometown, the downtown revitalization project that includes the Amway Center, Dr. Phillips Center for the Performing Arts, and Florida Citrus Bowl Stadium, These community venues are an important component of the Leadership Orlando curriculum, a strategic Line of Business fpr the Cenlral Florida Partnership. Level One Trauma
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A trauma center is not an emergency department, but a state-accredited hospital facilily capable of highly specialized treatment for the most critical injuries, In Central Florida, this care can only be received at Orlando Regional Medical Center (ORMC). In 2011, ORMC and treated over 4,000 trauma patients, making Central Florida's only Level One Trauma Center one of the busiest trauma centers in the state, featuring a multi disciplinary team of board certified doctors, nurses and technicians ready to treat the most severely injured patients during the "Golden Hour" when treatment means life or death. The Central Florida Partnersllip. working with Orlando Health, Florida Hospital and the Adventist Health System, Florida's Blood Centers of Central Florida, Inc., the county health departments, and others, will advocate and encourage the Florida Legislature to address funding needs to support the region's only Level One Trauma Center.
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Lake Nona Medical City With the development of the Medical City at Lake Nona well underway, the Central Florida Partnership, continues to work with the Universityof Central Florida, the Sanford-Burnham Medical Research Institute, Nemours Children's Hospital, Veterans Affairs Medical Center, M, D. Anderson Cancer Research Center, the University of Florida Research and Academic Center at Lake Nona and future entities located at the Medical City, as well as affiliated healthcare-related institutions like the American Red Cross Mid-Florida Region. Florida's Blood Centers and others, to educate the region on the economic impact 01 these facilities and advocate Cenlral Florida as a world leader in medical excellence. Since 2008, Medical City has been an important curriculum component of Leadership Orlando, a line of BUSiness of the Central Florida Partnership. Modeling, Simulation & Training (MS&T) Working with a comprellensive list of community paJiners that includes education, government, military, technology and public/private organizations, the Central Florida Partnership advanced support of Modeling, Simulation & Training to the Central Florida CongreSSional Delegation during the 2010 Central Florida Partnership 'Trip to Washington, D.C.," June 23 & 24, 2010, and will continue to provide advocacy for this industry sector whose epicenter is located at the Central Florida Research Park. Briefings on this important sector of our economy are also included as part of the curriculum in LeaderShip Orlando, a Line of Business of the Central Florida PartnerShip,
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University-Affiliated Research Parks Acknowledging the successful track records of university-affiliated research parks and the history of collaborative partnership models belween the public, private and civic sectors in our region, the Central Florida Partnership pledges to build awareness and provide advocacy in support of the Florida Tech Research Park in Brevard County and the Embry-Riddle Research Park and Integrated Airport Project in Volusia County. Both projects are under development in close proximity to Central Florida's High Tech Corridor (Tampa to Orlando) and the Central Florida Research Park at the University of Central Florida. The long-term benefit to Central Florida's high tech cluster, which not only includes the epicenter of Modeling, Simulation & Training in Orlando, but also research and development in healthcare, aerospace, and technology, will provide a conduit for ideas, talent and capital that will advance business innovation and growth in Florida's Super Region.
Rank the importance of championing this Regional Priority From 1 105. (1 not important at all;
5 of critical importance)
Should the CFP work on this regional priority continue? o Yes No I am uncertain
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Our region lists a set of Accomplishments & Accolades, showing Regional Priorities we consider to have successfully concluded or which we are standing down from with satisfaction. It is our hope that these past successes of Accomplishments & Accolades will serve as best practices as we Identify new areas of focus for Regional Priorities for the years to come. These Accomplishments & Accolades include:
ACCOMPLISHMENTS & ACCOLADES Amendment Four ("Vote No on Four") In support of Florida's long-term quality of life and economic vitality, Amendment Four was soundly defeated in the November 2010 election. Citizens for Lower Taxes and a Stronger Economy, Inc., a statewide grass roots effort, alerted Florida voters to the hazards of this extreme, costly and job-killing anti-growth measure. The Central Florida Partnership and its partners played a pivotal role in our region to end this dangerous threat to our statewide economy, delivering the "Vote No on 4" message throughout the region and to leadership in every Line of Business. Voters in every county in Central Florida "rejected" Amendment Four (Orange, 65%; Seminole, 67%; Lake, 65%; Brevard, 67%; Osceola, 64%; Polk, 69%; and Volusia. 64%).
Rank your leve! of awareness/involvement with this successful past Regional Priority. (1 not aware al all. 5 deeply and personally involved)
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Are you proud of the work we accomplished through this Regional Priority? OYes
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Amway Center (Project Hometown) On October 10, 2010, the Central F/orida Partnership celebrated, with the community and the region, the dedication and opening of the new Amway Center, one of three . Comm\mily Venues that are part of Orlando's Downtown revitalization known as Project Hometown. The Central Florida Partnership played a pivotal role in galvanizing support of a 501 (c) (4) non-profit organization established primarily 10 harness support of three visionar; downtown Community Venues to provide educational, economic, arts, sports and entertainment opportunities for everyone who calls Central Florida home with the call to "Build Them All, Build Them Now, and Build Them Right"
Rank your level of awarenesslinvolvement with this successful past Regional Priority. (1 not aware at all, 5 deeply and personally involved)
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Are you proud of the work we accomplished through this Regional Priority? OYes
ONo
Direct-Elected School Board Chairman With 61% of the vote, newly elected Orange County School Boarp Chair Bill Sublette credits BusinessForce. the political action arm of the Central Florida Partnership and iis Coalition for Regional Excel/ence in Leadership, for much of his campaign success. The idea for a direct-elected Orange County School Board Chair grew from a 2006 meeting of BusinessForce, a line of Business of the Central Florida Partnership. This change in the landscape for ecucational leadership in Orange Counly will resull in a greater accountabilily and vision for Orange County's ed\lcational future.
Rank your level of awareness/involvement with this successful pasl Regional Priority. (1 nol aware al all. 5 deeply and personally involved)
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l".fe you proud of the work we accomplished through this Regional Priority? OYes
ONo
High Speed Rail for Florida In collaboralion with the Tampa Bay Partnership and Connect Us "a-statewide grassroots-effort" designed to support High-Speed Rail for Florida - the Central Florida Partnership provided education and advocacy on a national demonstration model for the next generation of transportation across Florida's Super Region from the Atlantic Ocean to the Gulf of Mexico and, potentially, the entire State of Florida. Although this effort was rejected by newly-elected Governor Rick Scott, the Central Florida PartnerS/lip will continue to advocate for mUCh-needed infrastructure like mass-transit, when and where pOSSible, to further develop the potential of our 14-county Super Region.
Rank your level of awareness/involvement with this successful past Regional Priority. (1 not aware at atl, 5 doeply ana personally involvedJ
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Are you proud of the work we accomplished through Ihis Regional Priority? OYes
ONa
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SunRail With the signing of the SunRaii Full Funding Grant Agreement (FFGA) by Florida Department of Transportation Secretary Ananth Prasad and Federal TransitAdministrator Peter Rogoff on July 18, 2011, Central Florida Commuter Rail is moving forward. Working with Orlando Mayor Buddy Dyer, Chairman of the Centra! Florida Commuter Rail Commission, elected officials, and a cadre of community partners, the Central Florida Partnership provided leaderShip, education and advocacy on SunRail- 61 miles of commuter rail service that will serve as the cornerstone of a regional multi-modal transportation system for Central Florida. The Partnership's Lines of Business were fully engaged in the process, during which myregioll.org conducted a community-wide effort to seek citizen input on the "naming" of SunRail, and was instrumental in the development of its graphic logo. The SunRaii message continues to be an integral part of the Leadersilip Orlando curriculum.
Rank your level of awarenesslinvolvement with this successful past Regional Priority. (1 not awere al all. 5 deeply and personally involved)
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Are you proud of the work we accomplished through this Regional Priority? aYes
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Under the direction of the Florida Department of Transportation, the 31-mile first phase of SunRai/wili serve 12 stations, linking DeBary to Orlando, Phase II will serve 5 additional stations. north to Deland and south to Poinciana. On January 27,2012, Groundbreaking took place at the future SunRail Station in Altamonte Springs, Florida; Service is expected to begin in 2013.
University of Central Florida College of Medicine As early as 2007, the Orlando Regional Chamberof Commerce, now Orlando, Inc., a Line of Business of the Central Florida Partnership, championed the vision of establishing a Medical School at our "Hometown" University. Ata "Joint Board of Directors Retreat'whlch also included the Metro Orlando Economic Development Commission and the Orlandol Orange County Convention & Visitors Bureau, the College of Medicine held a prominent place on the agenda "seeding" Dean German's idea to provide full scholarships, provided by business and community leaders, to its first class of medical students. The College welcomed ils charter class of 41 students in August 2009, and construction of its campus at Lake Nona was completed in 2010.
Rank your level of awareness/involvement with this successful past Regional Priority. (1 not aware at ail, 5 deepty and personally involved)
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Are you proud of the work we accomplished through this Regional Priority? aYes
ONo
University of South Florida Polytechnic" On April 20, 2012, Governor Rick Scott signed a bill to immediately create a 12'h public university in the stale of Florida, effectively severing USF Polytechnic from the USF System to create Florida Polytechnic UniverSity. Nearly one year prior, $35 million was approved in the 2011-2012 stale budget for funding construction ofthe new campus. The Southern Association of Colleges and Schools Commission on Colleges has also given the go-ahead to welcome its first freshman class in fall 2013, with lower·level transfer students being admitted as early 'as spring 2012. The Central Florida PartnerShip, working with others, actively supported this effort, an important asset to the Central Florida Region. located in Lakeland, Florida's first and only public polytechnic, provides upper level undergraduate and graduate students with an extraordinary opportuniiy to experience applied learning and research in a personalized selling: small class sizes, convenient locations, innovative programs and flexible formals, Since its founding in 1988, USF Polytechnic, now Florida Polytechnic University, shared a campus with Polk State College in Lakeland. The new campus will offer the space and resources needed to expand from its current 4,229 student body to 16,000 students. The prime Interstate-4 location also affords the university visibility along one of the nation's most traveled commercial and tourist routes, the interstate connecting Tampa and Orlando.
Rank your level of awareness/involvement with this successful past Regional Priority. (1 not aware at all, 5 deeply and personally involved)
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Are you proud of the work we accomplished through this Regional Priority? OYes
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~Anvanced as a joiN ini!ialive of the Cerli/al Florida Partnersl1ip, Tampa Bay Paltllersliip. Bay Area Legislative DeleDation (BALD) and Central Florida LegislaliV€ Delegation.
SpeCial Noie:All Regional Prlofitics are designed 10 SUppOlt ol)e or more Of the six (6) EWllomic DrivelS lor ~Flofida's New Economy~ (Talent & Educatlon, Innovation &. Economic Development, Inlr3struclIlie &. GroW1h Leadership, 8usilH3SS CIt mate & Compeliliveness, Civic 2. Government Systems and Qualily of Life). In addition. special consideration shQuld be Central Florida's eight {a} Economic Cenlers (Central. East Cefllral. NOIit'! Central. NOrIheast, Northwest, South Southeast and Southwest), as being advanced by myregion.rug.
The CentraT Florid~ Partnersllip is a cQllabof<.1llve of ~\JSJ1)e5s and civic leaders COIll1'l)iUed \0 prOCllriog a betler tomorrow for Central Florida's seven counties - Brevard. Lake, Osceola, Polk. Seminole and Volusja. We are UlOughtflll leaders uniled by a single, guiding prinCiple - Ihat we have power and (he responsibiHly to make cll.ange happen. Workingloge111er, thfOV\jh tour~line5 or BU5ine5s~ - Ortando.tllc. (Regional EntfepHmel.lfsnip), BfJSinessForco (Regional Public Policy Advocacy), myregk)f).org (Regional Research t Resolves) Md Leadefsflip Orlando {Regional Leadership} - the Cenua/ Flor;diJ P
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What One to Three Regional Priorities are Most Likely to Unify and Inspire Central Florida for Success?
What One to Three Regional Priorities will have the Most Impact on Solving Other/Additional Problems?
What One to Three Regional Priorities do the Most for the People Who Call Central Florida "Home"? (or Consider Your Stakeholders for this Response, i.e. Entrepreneurs, Employers, Constituents, Members, Customers, etc.)
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Why? Why do the Central Florida Counties Feel the Regional Priorities Identified Above Matter Most?
Barriers? Do the Central Florida Counties have any Barriers to Participating in the Priorities?
Other Perspectives? Considering Your Priorities, Who Else Must be a
of this Discussion?
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III. DISCUSSION AGENDA FIRE RESCUE DEPARTMENT 1
FIRE REser m DEPAI~ OlTO DROZD, [II Fire Chief EFO. C'FO
PO. Bo.' 5879 Willter Pmk Florida 32793 407-8:1()-!)112 . FAX 407-8;\(j-91OG
[email protected]
April 29, 2013
TO:
Mayor Teresa Jacobs AI\! 0 Board of County Commissioners
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THROUGH:
J)\l Linda Weinberg (r'l>(... JY Deputy County Adlninistret
FROM:
Otto Drozd III, Fire Chief
SUBJECT:
Orange County Fire Rescue Or
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nizational Assessment
During the Board meeting on May 14, 2013, I will present an organizational assessment of the Orange County Fire Rescue Department. The assessment will focus on the current structure of the organization as well as issues identified that could impact the long term viability of the organization. The presentation will wrap-up by highlighting actions taken to date along with associated outcomes expected. It will also highlight proposed changes that will establish tangible performance measurement for all our programs and will also provide a uniform structure that will comprise of department, division, program, and services that are based on . performance, budget and accountability. Action Requested: None. c: Ajit Lalchandani, County Administrator
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III. DISCUSSION AGENDA
COLINTY MAYOR
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AGENDA
Open Discussion
Tuesday, May 14, 2013
Board of County Commissioners Chambers
201 S. Rosalind Ave. Orlando, FL 32801
(District 1) 20 MPH School Zones
COi\DIlSSIONEI~ TED B. EDWARDS, DISTRICT 5 2()] South Hosalind AVL'IIUL', :)111 Floor· I
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:,Recommendatnons
April 18, 2013 by
Orange County Community, iEnvironmental &
Development Services Department,
Pianning Division, Development Review Section
Prepared
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PlanHl1long and Zoning CommissDonl loca~ P~aHl!l1nng Agency
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Betsy VanderLey
District #1
Marvin Barrett
District #2
Tina Demostene
District #3
Pat DiVecchio Vi ce-Chairman
District #4
Rick V. Baldocchi Chairman
District #5
Shannon M Currie
District #6
Paul Wean
At Large
Kevin Seraaj
At Large
Jose Carlos Ayala
At Large
~
Ii1
TABLE Of CONTENTS
PUannin91 SInd Zoning Commission
ApriD 118, 2013
Table of Contents .......................................................................................................................i
Table of Hearings ......................................................................................................................ii
Site and Building Requirements ............................................................................................iii
Buffer Yard Requirements .....................................................................................................vii
REZONING PUBliC HEARiNG(S) RZ-13-04-009
District 3
RZ-13-04-010
12
District 3 RZ-13-04-011
District 3
22
RZ-13-04-012
32
District 4
PZC Recommendation Book
April 18, 2013
TABLE OF HEARU\iGS
PDanll1ing and Zoning Commissiolrll
ApIl'iH 118, 20113
Case # Applicant
I.
Request
Commission District
Recommendations Staff P&Z
BCC Hearing Required
REZONING PUBLIC HEARING(S)
RZ-13-04-009 Philip Beaulieu
R-1A
to R-2
3
Approve
Approve with one (1) restriction
No
RZ-13-04-010 Paymayesh Jessamine Trust
R-1A
to R-1
3
Approve
Approve
No
RZ-13-04-011 David Griffis
C-1
to C-2
3
Approve with three (3) restrictions
Approve with four (4) restrictions
No
Approve with one (1) restriction
Approve with one (1) restriction
RZ-13-04-012 Clarence M. Hoenstine
PZC Recommendation Book
IND-2 IIND-3 to IND-4
4
ii
No
April 18, 2013
.'}
.'
SITE and BUILDING REQUIREMENTS
Orange county Code Section 38-1501. Basic Requirements
! Min. living... area.. "
~
..
·Min. front yard
---
21,780 (V, acre)
850
100
35
50
Min. side yard ) Max. (ft·) building height 1ft.) 10 35
21,780 (V, acre)
850
100
35
50
10
35
1,000
270
35
50
25
35
R-CE
1,500
130
35
50
10
35
R-CE-2
1,200
250
45
50
30
3S
*
185
50
50
45
35
*
1,500
110
30
35
10
35
35
10
35
7.5
35
7.5
35
'District
Min. fat area (sq. ft.) ttt
{sq. ft.}
.-
A-1 A-2
---
~~-,
5 acres
R-CE-S
(ft.)
*Min. rebr yard (ft·)
!
1,200 '~-'-'
R-1AAAA
I
Lake
se~ba~k (ft.)
..
*
21,780 IV, acre)
-~.--.
*
----
~~-.----
R-lAAA
14,52Q (1/3
1,500
95
30
R-lAA
10,000
1,200
85
25:j:
75
20:j:
7,500
R-IA .,
_~h
._~
__
1,200 ~.
____
~
_..
25t
* *
-
-~-.---.--.
R-1
5,000
1,000
50
R-2
One-family
1,000
45*****
..
500 per DU 500 per DU R-3
-.~
20:j:
20t
5:j:
35
20t
20*
5t
35
20:1:
20*
5:1:
35
20:1:
30
10
, ______
L
*
sst
*
***
35**, .- -
.
.,-
sst
201:
30
10*'*'
35**, ***
45*****
20t
20t
5
35
500/1,000 per
20:1:
*
5t
DU 500 per DU
*
20t -_. ,._- ,---"- .
500 per DU
20t
N/A
10 for side entry garage, 20 for
front entry garage
35**,*** .-~.~"
R-L-D
7 spaces per gross acre
R-T
R-T-1 SFR
15
Oto 10
35***
N/A
Min. mobile home size
8ft. x
7.5
7.5
45****'
1,000
25/20 tr
5
25/20 tt
I
(prior to
*
* -
tt
60
25
--", 25
35
50
,"--~
5
-'.
•
~
..
.--.
6
Min. mobile home !
size 8 ft. x 35 ft.
!L2J.[73) . (after 1/29/73)
~--~-~-
Park size min. 5 acres
45*****
Mobile
...
100 Y, acre
SFR 600 _. . Min. mobile home
ft. , x 35 ft.
,-~.--~"-".--.~~,<-.~
PZC Recommendation Book
10
N/A
-
iii
April 18, 2013 ijfH.;.~ ,..
1 1 .
--- - .."
-
108,900 (2V,
A-R
: Min. lat width. 1ft,)
,.----~--.
32f
"
.....
Mii1./otdrea (sq. ft.) tft
' Min. living areg (sq..ft.)
Min.
width (ft.)
*Min. front yard
*Min. rear yard
(ft.)
(ft·)
I
Min.. side yard (ft·)
Max. building
_fft)
I
NR
lone-family I dwelling, 4,500
I Two DUs, 8,000 ,."~-~~--
1,000
'~'"
500 per
L_.__ .~. .
I
Lake setback (ft.)
Three DUs,
au
20
5
20
5
--
*
-----,~.~." .~.,.
SOD per DU
85
SOD per DU
8S
20
20
10
20
10
*
tt 50/4 sto ries
tt -~.-
750 per DU
*
.. ----- •...
20
40/3 stories
tt 500
NAC
50 feet tt
50
and mixed use development, 6,000 One-family
zoning district
buildings are adjoining
5
1,000
45****'
20
20
500 per DU
80*****'
20
20
5 --.-.~--.
SOD per DU
85
20
20
*
--
-.~
*
10
tt Four or more DUs, 1,000 plus 2,000 per DU
500 per DU
85
20
20
10
Townhouse,
750 per DU
20
25, 15 for rear
20, 15 for rear
Non-residential and mixed use development, 8,000
500
50 zoning district
0,10 for end
units
10,0 if bUildings are adjoining
20
20
5
500 per DU
20
20
5
*
SOD per DU
20
20
10
•
SOD per DU
20
20
10
•
50 feet/4 stories, 65 feet with ground floor
tt
NC
45****'
p-o
C-l
Townhouse
750 per DU
20
25, 15 for rear
10,000
500
85
25
500
PZC Recommendation Book
80 on major streets (see Art. XV); 60 for all other streets#; 100 ft. for corner lots on major streets (see Art.
30
units
10 for oneand two-story bldgs., plus 2 for each add.
20
25
when abutting residential district; side street, 15 ft.
iv
65 feet tt
• ***
50;or35 within 100 ft. of all residential districts
.
April 18, 2013
.
~nh ..
(\
J ",,'
area
Min. lot area (sq. ft.) ttt
Min. living (sq, ft.)
Min. lot width (ft.)
C-2
8,000
SOD
100 on major streets (see Art. XV); 80 for all other streets 1111
C-3
12,000
SOD
125 on major streets (see Art. XV); 100 for all other streets #1111
"Min. [iont yard
'Min. rear yard
Min. side yard
Max.
(ft.)
(ft.)
(ft·)
'b'uilding
15; or 20 when abutting residential district
5; or 25 when abutting residential district; 15 for
any~~~.~~!,:~.~~
~ei<;l,!t [ft,L 50;or35 within 100 feet of all residential districts
15; or 20 when abutting residential district
5; or 25 when abutting residential district; 15 for side street
75;or35 within 100 feet of all residential districts
25, except on major streets as provided in Art. XV 25, except on major streets as provided in Art. XV
I
Min. front yard (feet)
Min. rear yard (feet)
Min. side yard (feet)
Max. building height (feet)
3S
25
25
50, or 35 within 100 ft. of all residential districts; 100, when 500 ft. or more from residential districts
35
25
25
50, or 35 within 100 ft. of all residential districts; 100, when 500 ft. or more from residential districts
25
10
15
3S
10
25
Lake setback (ft.)
*
.
100 ft. of a II residential districts; ft. or more from residential districts 100 ft. of all residential districts;
ft. or more from residential districts These requirements pertain to zoning regulations only. The lot areas and lot widths noted are based on connection to central water and wastewater. If septic tanks and/or wells are used, greater lot areas may be required. Contact the Health Department at 407-836-2600 for lot size and area requirements for use of septic tanks and/or wells.
NOTE:
Setbacks shall be a minimum from the normal high water elevation contour on any adjacent natural surface water body and any natural or artificial extension of such water body, for any·building or other principal structure. Subject to the lakeshore protection ordinance and the conservation ordinance, the minimum setbacks from the normal high water elevation contour on any adjacent natural surface water body, and any natural or artificial extension of such water body, for an accessory building, a swimming pool, swimming pool deck, a covered patio, a wood deck attached to the principal structure or accessory structure, a parking lot, or any other accessory use, shall be the same distance as the setbacks which are used per the respective zoning district requirements as measured from the normal high water elevation contour . ............ ... .........•
Buildings in excess of 35 feet in height may be permitted as a special exception. ~
~~
~-.--~.~.
Buildings in excess of 1 story in height within 100 feet of the property line of any single-family residential district may be permitted as a special nal,,_to m."v
.
.
For lots platted between and that are less than 45 feet wide or contain less than 4,500 sq. ft. of lot area, or contain less than 1,000 square feet of living area shall be vested pursuant to Article III of this chapter and shall be considered to be conforming lots for width and/or size and/or living area .
----."".~ -+.~
******
district.
.......
~.
For attached units (common wall and zero separation between units) the minimum duplex lot width is 80 feet and the duplex lot size is 8,000 square feet. For detached units the minimum duplex lot width is 90 feet and the duplex lot size is 9,000 square feet with a minimum separation between units of 10 feet. Fee simple interest in each half of a duplex lot may be sold, devised or transferred independently from the other half. For duplex lots that: (i) are either platted or lots of record existing prior to 3/3/97, and (ii) are 75 feet in width or greater, but are less than 90 feet, and (iii) have a lot size.of 7,500 square feet or greater, but less than 9,000 square feet are deemed to be vested and shall be considered as conforming lots for width and/or size.
--- ---
--~~-- .---~~-~---
--~
---,
II
Corner lots shall be 100 [feet} on major streets (see .I\rt. XV), 80 [feet} for all other streets.
11#
Corner lots shall be 125 [feet] on major streets (see Art. XV), 100 [feetl for all other streets.
IIlIff
Corner lots shall be 150 [feet] on major streets (see Art. XV), 125 [feet] for all other streets.
:j:
For lots platted on or after or un-platted parcels. For lots platted prior to the following setbacks shall apply: R-1AA, 30 feet, front, 35 feet rear, R-1A, 25 feet, front, 30 feet rear, R-l, 25 feet, front, 25 feet rear, 6 feet side; R-2, 25 feet, front, 25 feet rear, 6 feet side for one (1) and two (2) dwelling units; R·3, 25 feet, front, 25 feet, rear, 6 feet side for two (2) dwelling units. Setbacks not listed in this footnote shalt apply as listed in the main text of this section.
t
units are detached, each unit shall be placed on the equivalent of a lot 45 feet in width and each unit must contain at least 1,000 square feet of living area. Each detached unit must have a separation from any other unit on site of at least 10 feet.
PZC Recommendation Book
v
April 18, 2013 ~.,'~
.
.-',
tt ttt
Maximum impervious surface ratio shall be 70%, except for townhouses, nonresidential, and mixed use development, which shall have a maximum impervious surface ratio of 80%.
feet.... -_._ ......_._......._- ........- .
These requirements are intended for reference only; actual requirements should be verified in the Zoning Division prior to design or construction.
PZC Recommendation Book
vi
Apn118,2013 ft. n_ _~'\.,.
i."
' ) ~.);. ~'. .1.·
BUFFER YARD
REQU~REMENTS
Orange County Code Section 24-5. Buffer yards prescribed are intended to reduce, both visually and physically, any negative impacts associated with abutting uses. Buffer yards shall be located on the outer perimeter of a lot or parcel, extending to the parcel boundary. Buffer yards shall not be located on any portion of an existing or dedicated public or private street or right-of-way.
(a) Buffer classifications:
(1) Type A, opaque buffer: This buffer classification shall be used to separate heavy industrial (1-4 and M-I) uses from all residential uses. This buffer shall be completely opaque from the ground up to a height of at least eight (8) feet and shall be a minimum of fifty (50) feet wide. The type A buffer shall utilize a masonry wall. (2) Type B, opaque buffer: This buffer classification shall be used to separate commercial (general and wholesale) (C-2 and C-3) and industrial (general and light) (1-2/1-3 and 1-1/1-5) uses from all residential uses. This buffer shall be completely opaque from the ground up to a height of at least six (6) feet . and shall be a minimum of twenty-five (25) feet wide. The type B buffer may utilize a masonry wall, berm, planted and/or existing vegetation or any combination thereof which maintains a completely opaque buffer. This buffer must be four (4) feet high and seventy (70) percent opaque at planting and be capable of attaining full height and opacity within three (3) years. (3) Type C, opaque buffer. This buffer classification shall be used to separate neighborhood retail commercial (C-I), industrial-restricted (1-1A) and multi-family uses from all residential uses. This buffer shall be completely opaque from the ground up to a height of at least six (6) feet and shall be a minimum of fifteen (15) feet wide. The type C buffer may utilize a masonry wall, berm, planted and/or existing vegetation or any combination thereof which maintains a completely opaque buffer. This buffer must be three (3) feet high and fifty (50) percent opaque at planting and be capable of attaining full height and opacity within three (3) years. (4) Type D, opaque buffer: This buffer classification shall be used to separate professional office (P-O) uses from all residential uses. This buffer shall be completely opaque from the ground up to a height of at least six (6) feet and shall be a minimum of ten (10) feet wide. The type D buffer may utilize a masonry wall, berm, planted and/or existing vegetation or any combination thereof which maintains a completely opaque buffer. This buffer must be three (3) feet high and fifty (50) percent opaque at planting and be capable of attaining full height and opacity within three (3) years.
(5) Type E, mobile home and RV park buffer: This buffer classification shall be used to separate mobile home and RV parks from all abutting uses. This buffer shall be twenty-five (25) feet wide. Where the park abuts an arterial highway, the buffer shall be fifty (50) feet wide. This buffer shall not be considered to be part of an abutting mobile home space, nor shall such buffer be used as part of the required recreation area or drainage system (ditch or canal). This buffer may utilize a masonry wall, berm, planted and/or existing vegetation or any combination thereof. This buffer must be at least five (5) feet in height and fifty (50) percent opaque within eighteen (18) months after installation. (6) Type F, residential subdivision buffer: See subdivision regulations (Chapter 34, Orange County Code). These requirements are intended for reference only; actual requirements should be verified in the Zoning Division prior to design or construction.
PZC Recommendation Book
vii
April 18, 2013 .
Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013 RZ~13=04-009 Commission District: # 3
CASE #
GENERAllNFORMATION APPLICANT
Philip Beaulieu
OWNER
Philip Beaulieu
PROJECT NAME
N/A
HEARING TYPE
Planning and Zoning Commission
REQUEST
R-1A (Single-Family Dwelling District) (1957) to
R-2 (Residential District)
LOCATION
1613 and 1615. Cloverlawn Avenue; generally described
as the northeast corner of Cloverlawn Avenue and
Henderson Drive.
PARCEL ID NUMBERS
06-23-30-1432-01-062 and 06-23-30-1432-01-063
PUBLIC NOTIFICATION
The notification area for this public hearing was 500 feet
[Chapter 30-40(c)(3a) of the Orange County Code requires 300 feet]. Ninety-three (93) notices were mailed to those property owners in the mailing area. A community meeting was not held for this application.
TRACT SIZE
-1.02 acres
PROPOSED USE
Residential uses consistent with the R-2 zoning district
STAFF RECOMMENDATION PLANNING Make a finding of consistency with the Comprehensive Plan and approve the requested R-2 zoning.
IMPACT ANALYSIS Land Use Compatibility The proposed R-2 (Residential District) zoning, would allow land uses that are compatible with the existing development in the area.
PZC Recommendation Book
April 18, 2013
.
fIl'! ; ~ ,
"'J \/
3
JTC, : ~.
Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013
Comprehensive Plan (CP) Consistency The CP Future Land Use Map (FLUM) designates this location as Low Medium Density Residential (LMDR), which allows consideration of single-family and multi family development within the County's Urban Service Area (USA). The R-2 (Residential District) zoning is consistent with the Low Medium Density Residential FLUM designation and the following CP objectives and policies: GOAL FLU2 Urban Strategies, states that Orange County will encourage urban strategies such as infill development, coordinated land use and transportation planning, and mixed-use development, which promote efficient use of infrastructure, compact development and an urban experience with a range of choices and living options. OBJ FLU2.1 Infill, states that Orange County shall promote and encourage infill development through incentives identified in the Land Development Code for relatively small vacant and underutilized parcels within the County's established core areas in the Urban Service Area. OBJ FLUB.2 states that compatibility will continue to be the fundamental consideration in all land use and zoning decisions. FU:-lB.1.1 states that the zoning and future land use correlation shall be used to determine consistency with the Future Land Use Map. Land use compatibility, the location, availability and capacity of services and facilities, market demand, and environmental features shall also be used in determining which specific zoning district is most appropriate. Density is restricted to the maximum and minimum allowed by the Future Land Use Map designation regardless of zoning. Density shall be calculated by the total number of units divided by developable land. (Natural lakes and designated Conservation Areas are excluded from the gross land area.) FLUS.2.1 states that land use changes shall be required to be compatible with the existing development and development trend in the area. Performance restrictions and/or conditions may be placed on property through the appropriate development order to ensure compatibility. No restrictions or conditions shall be placed on a Future . Land Use Map change. FLUS.2.2 states that continuous stretches of similar housing types and density of units shall be avoided. A diverse mix of uses and housing types shall be promoted. FLUB.2.11 states that compatibility may not necessarily be determined to be a land use that is identical to those uses that surround it. Other factors may be considered, such as the design attributes of the project, its urban form, the physical integration of a project and its function in the broader community, as well its contribution toward the Goals and Objectives in the CPo The CP shall specifically allow for such a balance of considerations to occur.
PZC Recommendation Book
2
Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013 SITE DATA Existing Use
Two (2) single-family dwelling units
Adjacent Zoning
N:
W: S: Adjacent Land Uses
C-1 (Retail Commercial District) (1962)(1967) C-1 (Retail Commercial District) (1984) R-2 (Residential District) (1984) R-1A (Single Family Dwelling District) (1957) R-1A (Single Family Dwelling District) (1957)
N: Office I Retail E: Vacant Residential Warehouse 1 Vacant Commercial W: Single-Family Residential S: Single-Family Residential
PERMITTED USES: R-2 (Residential District) R-2 Residential District Summary
One-Familv Dwelling Min. Lot Area: Min. Lot Width:
4,500 sq. ft.
45 ft.
35 ft.
Max. Height: Min. Living Area: Building Setbacks:
Front: Rear: Side: Side Street:
20 ft. 20 ft. 5 ft. 15 ft.
Two Dwelling Units
Min. Lot Area: Min. Lot Width:
80 ft. 1 90 ft.
1,000 sq. ft.
8,000 sq. ft./9,000 sq. ft.
35 ft.
Max. Height: Min. Living Area: Building Setbacks:
Front: Rear: Side: Side Street:
20 ft. 20 ft. 5 ft. 15 ft.
Three Dwelling Units Min. Lot Area: Min. Lot Width:
11,250 sq. ft.
85 ft. (attached units only)
PZC Recommendation Book
500 sq. ft. 11,000 sq. ft.
3
April 18, 2013 ; It
1\: II',,,!J \.~.
Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013 Max. Height: Min. Living Area: Building Setbacks:
Front: Rear: Side: Side Street: Four or More Dwelling Units Min. Lot Area: Min. Lot Width:
Max. Height: Min. Living Area: Building Setbacks:
Front: Rear: Side: Side Street:
35 ft. (Greater than 35 ft. by Special Exception)
500 sq. ft. per DU
20 ft.
30 ft.
10ft.
15 ft.
15,000 sq. ft.
85 ft.
35 ft. (Greater than 35 ft. by Special Exception)
500 sq. ft. per DU
20 ft.
30 ft.
10ft. (30 ft. where adjacent to SF residential districts)
15 ft.
Permitted Uses Per Section 38-451 of the Orange County Code, the intent and purposes of the R-2 zoning district are as follows: 1. To provide for the development of single-family detached and attached dwelling units containing a maximum of four (4) units per residential building within areas designated in adopted County development plans and policies for low-medium and medium density residential development. 2. To encourage the development of attached dwelling units in a manner compatible with the detached dwellings permitted in single-family residential districts when and where adequate access and public service are available. 3. To establish standards for low-medium and medium density residential development adequate to protect the public health, safety, and general welfare. More specific uses are identified by the letter "P" in the use table set forth in Section 38-77 of the Orange County Code.
PZC Recommendation Book
4
April 18.
201~.".
33 E
Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013 SPECIAL iNFORMATION Subject Property Analysis The applicant is seeking to rezone the subject parcels, each of which is currently improved with a single-family dwelling unit, from R-1A (Single-Family Dwelling District) to R-2 (Residential District). It is the intent of the applicant to rezone the property to gain consistency with the underlying Low Medium Density Residential (LMDR) Future Land Use Map (FLUM) designation, and allow for the construction either townhomes or single-family dwelling units on site. Staff finds the rezoning request consistent with the applicable provIsions of the Comprehensive Plan. The development pattern of the surrounding area along this stretch of Cloverlawn Avenue is characterized by a mix of single-family dwelling units and multi-family duplexes. The parcels directly adjacent to the subject property to the north are improved with a 1,366 square foot office building and a 2,400 square foot food mart. The requested R-2 zoning would provide an appropriate transition from the Curry Ford Road commercial corridor to the north, to the single family residential neighborhood to the south. Consistent with Sec. 38-451 of the Orange County Code, the request would provide for the development of attached dwelling units in a manner compatible with the detached dwellings permitted in single-family residential districts. Comprehensive Plan (CP) Amendment A CP amendment is not required for this application, as the requested zoning is consistent with the underlying Low-Medium Density Residential (LMDR) Future Land Use Map deSignation. Rural Settlement
The subject property is not located vvithin a Rural Settlement.
Joint Planning Area
The subject property is not located within a JPA.
Overlay District Ordinance
The subject property is not located within an Overlay District.
Airport Noise Zone
The subject site is not located within the Airport Noise Zone.
Environmental Prior to demolition or construction activities associated with exist.ing structures, the applicant will be required to provide Orange County EPD with a Notice of Asbestos Renovation or Demolition form. . The applicant will be advised to use caution to prevent erosion during construction along the boundary of the property, and into all drainage facilities and ditches. Construction will require Best Management Practices (BMPs) for erosion control. Prior to earth work or construction, if one acre or more will be disturbed, the developer will be required to provide a copy of the completed National Pollutant Discharge
PZC Recommendation Book
5
April 18, ?q~ 3:, ,h
...
Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013 Elimination System (NPDES) Notice of Intent (NOI) form for stormwater discharge from construction activities to the Orange County Environmental Protection Division, NPDES Administrator. The original NOI form shall be sent to the Florida Department of Environmental Protection (FDEP).
Transportation!Access This project is in the Alternative Mobility Area (AMA) and may be required to meet mobility strategies based on the proposed development plan. Transit service is available within a quarter mile of this project along Curry Ford Road. The sidewalk system adjacent to the parcel appears to be incomplete, and there are no signed bicycle routes in the area.
Code Enforcement There are no pending code enforcement violations on the property at this time. WaterlWastewater/Reclaim Existing service or provider
Water:
Orlando Utilities Commission (OUC)
Wastewater:
City of Orlando
Reclaim Water:
City of Orlando
Schools Orange County Public Schools (OCPS) reviewed the request, and has determined that this project is considered "de minimus" for school concurrency review purposes. Parks and Recreation Orange County Parks and Recreation has reviewed this request and did not identify any issues or concerns. Specific Project Expenditure Report and Relationship Disclosure Form The original Specific Project Expenditure Report and Relationship Disclosure Form are currently on file with the Planning Division.
PZC Recommendation Book
6
April 1S'" i2~1~\
3 3f.
Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013 ACTION REQUESTED PZC Recommendation - (April 18, 2013) Make a finding of consistency with the Comprehensive Plan and approve the requested C-2 zoning, subject to the following restriction: o
Development shall be limited to single-family detached dwelling units.
PLANNING AND ZONING COMMISSION (PZC) PUBLIC HEARING SYNOPSIS Staff presented the staff report and recommended approval of the requested R-2 (Residential District) zoning. Staff noted that nine (9) responses had been received in opposition to the request, most of which cited the perceived incompatibility of multi-family dwelling units with the existing single-family housing. Staff noted that based on neighborhood opposition, the applicant had modified their request to include a restriction that limited residential development to single-family detached dwelling units only, as allowed under the requested R-2 (Residential District) zoning classification. Philip Beaulieu, applicant, appeared before the Commission and concurred with the staff recommendation of approval, including the added restriction to limit residential development to single-family detached dwelling units only. Chairman Baldocchi opened the public hearing, and no members of the public were present for comment. Chairman Baldocchi closed the public hearing. Commisstoner Demostene made a motion to find the request consistent VJith the Comprehensive Plan and APPROVE the requested R-2 (Residential District) zoning with the restriction that development be limited to single-family detached dwelling units .. The motion was seconded by Commissioner VanderLey, and passed unanimously.
Motion/Second
Tina Demostene I Betsy VanderLey
Voting in Favor
Pat DiVecchio, Rick Baldocchi, Paul Wean, Jose Ayala
Absent
Kevin Seraaj, Marvin Barrett and Shannon Currie
PZC Recommendation Book
7
April 18, 2P1~ f.;t'.:j
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Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013
RZ-13-04-009
'*
~ Subject Property
Subject Property
Zoning REQUEST: R·1A (Single Family Dwelling District) to
R·2 (Residential District)
APPLICANT: Philip Beaulieu LOCATION:
Northeast corner of Cloverlawn Avenue
and Henderson Drive
TRACT SIZE: -1.02 Acres
DISTRICT:
#3
S/T/R:
06123/30
1 inch = 400 feet
PZC Recommendation Book
8
; H
April 18,201'3-
34.C
Rezoning Staff Report Orange County Planll1ing Division PZC Hearing Date: April 18, 2013
RZ-13-04-009
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Future land Use FLUM:
Low Medium Density Residential (LMDR)
APPLICANT: Philip Beaulieu
LOCATION:
Northeast corner of Cloverlawn Avenue
and Henderson Drive
TRACT SIZE: -1.02 Acres
DISTRICT:
#3
S/T/R:
06123/30
1 inch
=400 feet
PZC Recommendation Book
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Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013
RZ-13-04-009
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Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013
CAS
# RZ-13 04-010 m
Commission District: # 3
GENERAL INFORMATION APPLICANT
Paymayesh Jessamine Trust
OWNER
Lamp Family Trust
PROJECT NAME
Fisher's Court
HEARING TYPE
Planning and Zoning Commission
REQUEST
R-1A (Single-Family Dwelling District) R-1 (Single-Family Dwelling District)
LOCATION
Generally described as the east side of S. Bumby Avenue, approximately 190 feet north of E. Kaley Avenue ..
PARCEL 10 NUMBER
06-23-30-3332-03-050
PUBLIC NOTIFICATION
The notification area for this public hearing was 500 feet [Chapter 30-40(c)(3a) of the Orange County Code requires 300 feet]. Ninety-three (93) notices were mailed to those property owners in the mailing area.
to
A community meeting was not held for this application. TRACT SIZE
-0.91 acres
PROPOSED USE
Six (6) single family detached residential lots and obtain consistency with the Comprehensive Plan.
STAFF RECOMMENDATION PLANNING Make a finding of consistency with the Comprehensive Plan and approve the requested R-1 zoning.
IMPACT ANALYSIS Land Use Compatibility The proposed R-1 (Single-Family Dwelling District) zoning, would allow land uses that are compatible with the existing development in the area.
PZC Recommendation Book
12
April 18,
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341
Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013 Comprehensive Plan (CP) Consistency The CP Future Land Use Map (FLUM) designates this location as Low-Medium Density Residential (LMDR), which allows consideration of single-family and multi family development within the County's Urban Service Area (USA). The R-1 (Single Family Dwelling District) zoning is consistent with the Low-Medium Density Residential FLUM designation and the following CP objectives and policies: GOAL FLU2 - Urban Strategies, states that Orange County will encourage urban strategies such as infill development, coordinated land use and transportation planning, and mixed-use development, which promote efficient use of infrastructure, compact development and an urban experience with a range of choices and living options. OBJ FLU2.1 - Infill, states that Orange County shall promote and encourage infill development through incentives identified in the Land Development Code for relatively small vacant and underutilized parcels within the County's established core areas in the Urban Service Area. OBJ FLUS.2 states that compatibility will continue to be the fundamental consideration in all land use and zoning decisions. FLUB.1.1 states that the zoning and future land use correlation shall be used to determine consistency with the Future Land Use Map. Land use compatibility, the location, availability and capacity of services and facilities, market demand, and environmental features shall also be used in determining which specific zoning district is most appropriate. Density is restricted to the maximum and minimum allowed by the Future Land Use Map designation regardless of zoning. Density shall be calculated by the total number of units divided by developable land. (Natural lakes and designated Conservation Areas are excluded from the gross land area.) FLUS.2.1 states that land use changes shall be required to be compatible with the existing development and development trend in the area. Performance restrictions and/or conditions may be placed on property through the appropriate development order to ensure compatibility. No restrictions or conditions shall be placed on a Future Land Use Map change. FLUS.2.2 states that continuous stretches of similar housing types and density of units shall be avoided. A diverse mix of uses and housing types shall be promoted. FlUB.2.11 states that compatibility may not necessarily be determined to be a land use that is identical to those uses that surround it. Other factors may be considered, such as the design attributes of the project, its urban form, the physical integration of a project and its function in the broader community, as well its contribution toward the Goals and Objectives in the CPo The CP shall specifically allow for such a balance of considerations to occur.
PZC Recommendation Book
13
April 18, 201~,j\.'; .
34~.'
Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013 SITE DATA Existing Use
Vacant
Adjacent Zoning
N:
E: W: S: Adjacent Land Uses
N:
R-1A (Single Family Dwelling District) 1957 R-1A (Single Family Dwelling District) 1957 R-2 (Residential District) 1966 R-1A (Single Family Dwelling District) 1957
Single Single W: Single S: Single
E:
family family family family
PERMITTED USES: R-1 (Single-Family
residences residences residences residences
Residentia~
District)
R-1 Single-Family Dwelling District Summary * Min. Lot Area: 5,000 sq. ft. Min. Lot Width: 50 ft. Max. Height: 35 ft. Min. Floor Area: 1,000 sq. ft. Building Setbacks: Front: Rear: Side: Side Street:
*
20 ft. 20 ft. 5 ft. 15 ft.
These regulations may not reflect the actual requirements for a/l situations; see the Orange County Zoning Code for actual regulations for site requirements for this zoning district.
Permitted Uses Per Section 38-451 of the Orange County Code, the intent and purpose of the R-1 zoning district is of the same general character as R-1-AA and R-1-A, but with smaller minimum lots and yards, and a corresponding increase in population density. Specific uses shall be identified by the letter "P" in the use table set forth in Section 38 77 of the Orange County Code.
PZC Recommendation Book
14
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Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013 SPECIAL INFORMATION Subject Property Analysis The applicant originally requested to rezone the subject property from R-1A (Single Family Dwelling District) to R-2 (Single Family Dwelling District). However, in order to provide for a more compatible development pattern with adjacent properties, the requested zoning district was amended to R-1 (Single Family Dwelling District). The subject property was originally platted in 1925 as twelve (12) single family lots (25 ft. x 135 ft. in size). The Orange County Property Appraiser indicates these lots were aggregated into a single lot in 1976. Should the requested R-1 zoning be approved, the applicant has indicated their desire to split the parcel into six (6) 50 ft. x 135 ft. lots. Comprehensive Plan (CP) Amendment A CP amendment is not required for this application, as the requested zoning is consistent with the underlying Low-Medium Density Residential (LMDR) Future Land Use Map designation. Rural Settlement
The subject property is not located within a Rural Settlement.
Joint Planning Area
The subject property is not located within a JPA.
Overlay District Ordinance
The subject property is not located within an Overlay District.
Airport Noise Zone
The subject site is not located within the Airport l\Joise Zone.
Environmental The applicant is advised to use caution to prevent erosion during construction along the boundary of the property, and into all drainage facilities and ditches. Construction will require Best Management Practices (BMPs) for erosion control. Prior to earth work or construction, if one acre or more will be disturbed, the developer will be required to provide a copy of the completed National Pollutant Discharge Elimination System (NPDES) Notice of Intent (NOI) form for stormwater discharge from construction activities to the Orange County Environmental Protection Division, NPDES Administrator. The original NOI form shall be sent to the Florida Department of Environmental Protection (FDEP). Transportation/Access This project is in the Alternative Mobility Area (AMA) and may be required to meet mobility strategies based on the proposed development plan. Transit service is available on Link 51 which operates along Curry Ford Road and is within a quarter mile of the project. The sidewalk adjacent to the property appears to be complete. Also', there are no signed bicycle routes in the area.
PZC Recommendation Book
15
April1B, 2013,.,I""::!
34:
Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013 Code Enforcement
There are no pending code enforcement violations on the property at this time.
WaterlWastewater/Reciaim Existing service or provider
Water:
This property is in the Orlando Utilities Commission water service area.
Wastewater:
This property is in the City of Orlando wastewater service area.
Reclaim Water:
Reclaimed water, if available, would be provided by the City of Orlando or Orlando Utilities Commission.
Schools Orange County Public Schools (OCPS) reviewed the request, and has determined that this project is considered De Minimus for school review purposes. Parks and Recreation Orange County Parks and Recreation has reviewed this request and did not identify any issues or concerns. Specific Project Expenditure Report and Relationship Disclosure Form The original Specific Project Expenditure Report and Relationship Disclosure Form are currently on file with the Planning Division.
ACTION REQUESTED PZC Recommendation - (April 18, 2013) Make a finding of consistency with the Comprehensive Plan and approve the requested R-1 (Single-Family Dwelling District) zoning.
PLANNING AND ZONING COMMISSION (PZC) PUBLIC HEARING SYNOPSIS Staff presented the staff report to the PZC and recommended they make a finding of consistency with the Comprehensive Plan and approve the requested R-1 (Single-Family Dwelling District) zoning. Ninety-three (93) notices were mailed to the surrounding property owners within a 500 foot buffer area, with ten (10) responses in opposition to the applicant's original request, which was for the property to be rezoned to R-2 (Residential District.) The applicant concurred with the staff recommendation of approval and verbally agreed that he was seeking R-1 (Single Family Dwelling District) zoning and not R-2 (Residential District) zoning, as was stated in his original application.
PZC Recommendation Book
16
April 18, 2013
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Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April-i8, 2013 One resident spoke at the public hearing and stated for the record his opposition to the original R-2 (Residential District) zoning request, but that he was not opposed to the R-1 (Single-Family Dwelling District) zoning. Commissioner Demostene made a motion to APPROVE the requested R-1 (Single Family Dwelling District), finding the request consistent with the CP. The motion was seconded by Commissioner DiVecchio. A vote on the motion to approve the staff recommendation was then called by Chairman Baldocchi and carried unanimously.
Motion/Second
Tina Demostene I Pat DiVecchio
Voting in Favor
Betsy VanderLey, Tina Demostene, Pat DiVecchio, Rick Baldocchi, Paul Wean, Jose Ayala
Absent
Kevin Seraaj, Marvin Barrett and Shannon Currie
PZC Recommendation Book
17
April1B,2013
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Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013
RZ-13-04-010
'*
~ Subject Property
Subject Property
Zoning REQU EST:
R-1A (Single-FamifY Dwelling District) to R-1 (Single-Family Dwelling District)
APPLICANT: Paymayesh Jessamine Trust LOCATION:
Generally described as the east side of S. Bumby Avenue, approx.190 feet north of E. i{aley Avenue.
TRACT SIZE:-O.91 Acres
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DISTRICT:
#3
SfTJR:
06123/30
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1 inch::; 250 feet
PZC Recommendation Book
18
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Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013
RZ-13-04-010
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~ Subject Property
Subject Property
Future Land Use RUM:
low Medium Density Res idential (lMDR)
APPLICANT: Paymayesh Jessamine Trust
lOC ATION:
Generally des cribed as the east s ide of S. Bumby Avenue, approx 190 feet north of E. Kaley Avenue
TR4CT SIZE: -0.91 Acres
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DISTRICT:
#3
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April 18, 2013
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Rezoning Staf~ Report Orange County Planning Division PZC Hearing Date: April 18, 2013
RZ-13-04-010
1 inch = 167 feet
Subject Property
PZC Recommendation Book
20
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Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013 RZ",13~04-011 Commission District: # 3
CASE #
GENERAL INFORMATION APPLICANT
David Griffis
OWNER
Mullinax Melinda Gayle Carter
PROJECT NAME
Griffis Auto Repair
HEARING TYPE
Planning and Zoning Commission
REQUEST
C-1 (Retail Commercial) to C-2 (General Commercial)
LOCATION
1400 and 1402 S. Bumby Avenue; generally described as the southwest corner of S. Bumby Avenue and Raehn Street.
PARCEL ID NUMBERS
31-22-30-1684-07-010 and 31-22-30-1684-07-050
PUBLIC NOTIFICATiON
The notification area for this public hearing was 500 feet (Chapter 30-40 (c) (3a) of the Orange County Code requires 300 feet). Eighty-nine (89) notices were mailed to those property owners in the mailing area. Ih...
community meeting \AJas not held for this application.
TRACT SIZE
-0.36 acres
PROPOSED USE
Continued use of an auto repair shop with improvements to accommodate a completely enclosed 36" x 30" building addition.
STAFF RECOMMENDATION PLANNING Make a finding of consistency with the Comprehensive Plan and APPROVE the requested C-2 zoning, subject to the following three (3) restrictions: 1. Development shall be limited to C-1 uses, plus the C-2 use of auto repair only; 2. There shall be no outdoor storage; and 3. Billboards and pole
PZC Recommendation Book
sign~
shall be prohibited.
22
April 18, ?~P' h"."
,
35':, ..
Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013 IMPACT ANALYSIS Land Use Compatibility The proposed C-2 zoning would allow land uses that are compatible with the existing development in the area. Comprehensive Plan (CP) Consistency The CP Future Land Use Map (FLUM) designates this location as Commercial (C) and the requested C-2 zoning is consistent with the FLUM designation. FlU1.4.3 states that commercial development shall be cOricentrated at major intersections and within Activity Centers and Neighborhood Activity Nodes within the Urban Service Area .. FLU1.4.11 states that the County will provide limited retail commercial establishments and neighborhood-scale offices, with or without residential components, as a means of diversifying uses in single use areas. FLUB.1.1 states that the zoning and future land use correlation shall be used to determine consistency with the Future Land Use Map. Land use compatibility, the location, availability and capacity of services and facilities, market demand, and environmental features shall also be used in determining which specific zoning district is most appropriate. OBJ FLUB.2 states that compatibility will continue to be the fundamental consideration in all land use and zoning decisions.
FLUB.2.1 states that land use changes shall be required to be compatible with existing development and development trend in the area. Performance restrictions and/or conditions may be placed on property through the appropriate development order to ensure compatibility. No restrictions or conditions shall be placed on a Future Land Use Map change.
SITE DATA EXisting Use
Auto Repair Shop
Adjacent Zoning
N:
E: W: S:
Adjacent Land Uses
N: W:
s:
PZC Recommendation Book
R-2 (Residential District) 1970 C-3 (Wholesale Commercial District) 1957 P-O (Professional Office District) 1983 C-2 (General Commercial District)1970 Single family residence and vacant lot Paul Wilson Plumbing Professional Office Building Veterinary Clinic
23
Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013 PERMITTED USES C-2 (General Commercial District) General Commercial District Summary * 8,000 sq. ft. 100 ft. (on major streets, see Article XV) 80 ft. (on all other streets) 125 ft. (on major streets, see Article XV) 100 ft. (on all other streets) 50 ft. (35 ft. within 100 ft. of all residential districts) 500 sq. ft.
Min. Lot Area: Min. Lot Width: Min. Lot Width (Corner Lots) Max. Height: Min. Floor Area: Building Setbacks: Front: Rear: Side: Side Street:
25 ft. 15 ft. (20 ft. if abutting residential districts) 5 ft. (15 ft. if abutting residential districts) 15 ft.
*
These regulations may not reflect the actual requirements for all situations; see the Orange County Zoning Code for actual regulations for site requirements for this zoning district.
Permitted Uses The intent and purpose of the C-2 zoning district is composed of certain lands and structures used to provide for the retailing of commodities and the furnishing of several major services; selected trade shops and automotive repairs. This district is encouraged at locations along minor arterial and major arterial roads where general commercial uses would be compatible with the surrounding neighborhood. Characteristically, this district occupies an area larger than that of the retail commercial district, serves a considerably greater population, and offers a wider range of services. This district is promoted within the urban service area or in rural settlements where uses of this intensity are already established. The general commercial district should not be located adjacent to single-family residential zoning districts. Specific uses shall be identified by the letter "P" in the use table set forth in Section 38-77 of the Orange County Code and include new and used automobile sales; car rental and leasing; auto painting and body shops; special trade contractors' offices (storage, equipment yards, and offices with outdoor storage); automobile parking lots and parking garages; outdoor storage and display of equipment, products, and merchandise; landscaping and irrigation businesses; commercial kennels; caterers; etc.
SPECIAL INFORMATION Subject Property Analysis The applicant stated the existing auto repair shop has been operating as a legal non-conforming use under the C-1 zoning district since 1942. In order to accommodate desired site improvements, the applicant is seeking to rezone the subject property from C-1 (Retail Commercial District) to C-2 (Retail Commercial District) and legitimize the existing use.
PZC Recommendation Book
24
Rezoning Staff Report . Orange County Planning Division PZC Hearing Date: April 18, 2013 Comprehensive Plan (CP) Amendment A CP Amendment is not required for this application, as the requested zoning is consistent with the Commercial (C) Future Land Use Map designation. Rural Settlement
The subject property is not located in a Rural Settlement.
Joint Planning Area
The subject property is not located in a JPA.
Overlay District Ordinance
The subject property is not located within an Overlay District.
Airport Noise Zone
The subject property is not located in an Airport Noise Zone.
Environmental A Notice of Asbestos Renovation or Demolition shall be provided to the Orange County Environmental Protection Division (EPD) prior to demolition or construction activities associated with existing structures. If new construction is proposed construction will require Best Management Practices (BMPs) for erosion control.
TransportationlAccess This parcel is located within the Alternative Mobility Area (AMA). Based on the development plan for this site, mobility strategies may be reuqired. This site is accessible by transit service. LYNX's link #51 operates along Bumby Road, a two lane collector adjacent to the parcel and continues along Curry Ford Road to the Orlando International Airport. Pedestrian access is served by the complete sidewalk southbound towards Curry Ford Road; however, the sidewalk to the north only extends for approximately 170 ft.
Code Enforcement There are no pending code enforcement violations on the property at this time. WaterlWastewater/Reclaim Existing service or provider*
Water:
This site is within the OUC water service area.
Wastewater:
This site is within the City of Orlando wastewater service area.
Reclaim Water:
Reclaimed water, if available, would be provided by the City of Orlando or OUC.
PZC Recommendation Book
25
Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013 *Tllis is provided for information only, may not reflect the actual connection point. Connection point(s) will be determined at Final Construction Plan Review
Schools The applicant is proposing to utilize the property for commercial purposes. Orange County Public Schools (OCPS) did not comment on this case, as it does not involve an increase in residential units or density. Parks & Recreation Review by the· Parks and Recreation Division is not required for non-residential development. Specific Project Expenditure Report and Relationship Disclosure Form The original Specific Project Expenditure Report and Relationship Disclosure Form are currently on file with the Planning Division.
ACTION REQUESTED PZC Recommendation - (April 18, 2013) Make a finding of consistency with the Comprehensive Plan and approve the requested C-2 zoning, subject to the following four (4) restrictions: 1. Development shall be limited to C-1 uses, plus the C-2 use of auto repair only; 2. There shall be no outdoor storage; and 3. Billboard and pole signs shall be prohibited, and 4. Within one year of rezoning approval, the applicant shall submit site plan commercial permits (including landscaping buffers) to be reviewed and approved by staff.
PLANNING AND ZONING COMMISSION (PZC) PUBLIC HEARING SYNOPSIS Staff presented the staff report the PZC and recommended they make a finding of consistency with the Comprehensive Plan and approve the requested C-2 (General Commercial District) zoning district, subject to the three (3) restrictions in the staff report. Eighty nine (89) notices were mailed to the surrounding property owners within 1,000 feet of the subject property, and staff received five (5) responses in favor of the request and one (1) response in opposition. The applicant concurred with the staff recommendation of approval and no members of the public were present to speak. Commissioner Demostene asked the applicant if the proposed site improvements included enhanced landscaping. The applicant indicated that it was their intent to undertake landscaping improvements, in a similar fashion to the recent landscaping improvements within the adjacent veterinary clinic. The public hearing was closed.
PZC Recommendation Book
26
April 18, 2013., i It ,~ .. '
:
35E
Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013 To ensure that landscaping improvements were carried out in a timely fashion, Commissioner Demostene made a recommendation to APPROVE the requested C-2 (General Commercial District) zoning, finding the request consistent with the CP, subject to the three (3) restrictions listed in the staff report, plus an additional (4th) restriction that stated "within one year of rezoning approval, the applicant shall submit site plan commercial permits (including landscaping buffers) to be reviewed and approved by staff." The motion was seconded by Commissioner VanderLey. A vote on the motion was then called by Chairman Baldocchi, and was carried unanimously. Motion/Second
Tina Demostene I Betsy VanderLey
Voting in Favor
Pat DiVecchio, Rick Baldocchi, Shannon Currie, Paul Wean, Jose Ayala
Absent
Kevin Seraaj and Marvin Barrett
PZC Recommendation Book
27
April 18,
20l~1 "'!
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,
Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18,2013
RZ=13-04-011
~ Subject Property
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Subject Property
Zoning REQUE ST:
(,1 (Retail Commercial District) to C.2 (General Commercial District)
APPLICANT: David Griffis
LOCATION:
14008. 1402 S. Bumby Avenue
TRACT SIZE: -.036 Acres
DISTRICT:
#3
SITJR:
31112J30
1 inch:: 208 feet
PZC Recommendation Book
28
April 18, 2Q.1':3, I': :.
3G(
Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013
RZ-13-04-011
*
Subject Property
Subject Property
Future Land Use RUM:
Commercial (C)
APPLICANT: David Griffis LOCATION:
1400 & 1402 S. Bumby Avenue
TRACT SIZE: -0.36 Acres DISTRICT:
#3
SfTlR:
31122130
1 inch:: 208 feet
PZC Recommendation Book
29
April 18,2013·.
36 ~.
Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013
RZ..13-04-011
N
Subject Property
w
E
1 inch"" 104 feet
s
PZC Recommendation Book
30
April 18, 2013 :"I~."
PZC Recommendation Book
31
Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013
April 18, 2013
Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013
CASE # RZ=13-04-012 Commission District: # 4
GENERAL INFORMATION APPLICANT
Clarence M. Hoenstine
OWNER
Thorpe Holdings, LLC.
PROJECT NAME
N/A
HEARING TYPE
Planning and Zoning Commission
REQUEST
IND-2 I IND-3 (Industrial District) to IND-4 (Industrial District)
LOCATION
552 and 740 Thorpe Road; generally described as the south side of Thorpe Road, between Recycle Center Road and Bachmann Road
PARCEL ID NUMBERS
02-24-29-7268-00-571 and 02-24-29-7268-00-290
PUBLIC NOTIFICATION
The notification area for this public hearing was 2,500 feet (Chapter 30-40(c)(3a) of the Orange County Code requires 300 feet). One hundred nine (109) notices were mailed to those property owners in the mailing area. A community meeting was not held for this application.
TRACT SIZE
~29. 78
acres
PROPOSED USE
Storage and repair of dismantled automobiles and trucks; including recycling and diesel storage.
STAFF RECOMMENDATION PLANNING Make a finding of consistency with the Comprehensive Plan and APPROVE the requested IND-4 (Industrial District) zoning, subject to the following restriction: e
Billboards and pole signs shall be prohibited.
PZC Recommendation Book
32
April 18:2bB
Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013 IMPACT ANALYSIS land Use Compatibility The proposed INO-4 (Industrial District) zoning would allow land uses that are compatible with the existing development in the area. Comprehensive Plan (CP) Consistency The CP Future Land Use Map designates this location as Industrial (I), and the requested IND-4zoning is consistent with this designation. FlU8.1.1 states that the zoning and future land use correlation shall be used to determine consistency with the Future Land Use Map. Land use compatibility, the location, availability and capacity of services and facilities, market demand, and environmental features shall also be used in determining which specific zoning district is most appropriate.
OBJ FlUB.2 states that compatibility will continue to be the fundamental consideration in all land use and zoning decisions. FlUB.2.1 states that land use changes shall be required to be compatible with existing development and development trend in the area. Performance restrictions and/or conditions may be placed on property through the appropriate development order to ensure compatibility. No restrictions or conditions shall be placed on a Future Land Use Map change. FLU 1.4.16 states that the Future Land Use Map shall reflect appropriate locations for industrial use.
SITE DATA Existing Use
Commercial and Industrial Structures
Adjacent Zoning
N: E:
Adjacent Land Uses
PZC Recommendation Book
W: S:
INo-2 1 INO-3 (Industrial District) 1970 11\10-2 IINO-3 (Industrial District) 1970 and INO-4 (Industrial District) 1984 INO-2/ INO-3 (Industrial District) 1970 INO-2/ INo-3 (Industrial District) 1970
N: E: W: S:
Ferguson Underground Utilities (industrial building) Vacant Industrial Symons Concrete (outdoor storage / warehousing) Action Mobil Industries (outdoor storage I warehousing)
33
April 18, 20.13, '.
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Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013 PERMITTED USES IND-4 (Industrial District) Industrial District Summary * FAR: Max. Height:
Shall not exceed .5 50 ft. (35 ft. within 100 ft. of all residential districts)
Building Setbacks: Front: Rear: Side:
35 ft. 10ft. 25 ft.
*
These regulations may not reflect the actual requirements for a/l situations; see the Orange County Zoning Code for actual regulations for site requirements for this zoning district.
Permitted Uses * The intent and purpose of the IND-4 (Industrial District) zoning is to provide for industrial operations of all types which may produce such by products as odor, smoke, dust and noise. The district provides space for industries which employ the processing of bulk materials which require space for open storage of materials. The district establishes and maintains standards which will permit a wide variety of process activities and helps protect adjacent residential and commercial developments. Specific uses shall be identified by the letter "P" in the use table set forth in Section 38-77 of the Orange County Code, including manufacturing of chemical products; petroleum refining and bulk storage of petroleum products; primary metal industries; junk, salvage, or wrecking yards; storage of wrecked automobiles, oil, hazardous chemicals, explosives, gasoline, and ammunition; jails and correctional Institutions; etc.
SPECIAL INFORMATION Subject Property Analysis The applicant is seeking to rezone the subject property from IND-2 IIND-3 (industrial District) to IND-4 (Industrial District). It is the intent of the applicant store and repair dismantled automobiles and trucks; including recycling and diesel storage. The majority of these uses are not permitted within the existing IND-2 I IND-3 zoning district. Comprehensive Plan (CP) Amendment A CP Amendment is not required for this application, as the requested zoning is consistent with the current Future Land Use designation. Rural Settlement The subject property is not located in a Rural Settlement. Joint Planning Area The subject property is not located in a JPA.
PZC Recommendation 8001<
34
April 18, 2013,< ., _to"".
Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013 Overlay District Ordinance The subject property is not located within an Overlay District. Airport Noise Zone The subject property is not located in an Airport Noise Zone. Environmental A Notice of Asbestos Renovation or Demolition shall be provided to the Orange County Environmental Protection Division (EPD) prior to demolition or construction activities associated with existing structures. If new construction is proposed construction will require Best Management Practices (BMPs) for erosion control. Prior to earth work or construction, if one acre or more Will be disturbed, the developer will be required to provide a copy of the completed National Pollutant Discharge Elimination System (NPDES) Notice of Intent (NOI) form for stormwater discharge from construction activities to the Orange Coynty Environmental Protection Division, NPDES Administrator. The original NOI form shall be sent to the Florida Department of Environmental Protection (FDEP).
Transportation/Access Capacity is available to be encumbered for this project based on the Concurrency Mangament System database. There is no application for a capacity encumbrance letter on file for this project. In addition, there is currently 1 trip available on the segment of Taft Vineland Road from Orange Blossom Trail to General Blvd. CIP Projects: Taft Vineland Road is programmed to be widened to four lanes from Orange Blossom Trail to Orange Avenue. Construction is to be determined. Right-of-Way will be required for the Taft Vineland Roadway improvement to accommodate a pond and drainage easement.
Code Enforcement There are no pending code enforcement violations on the property at this time. WaterlWastewater/Reclaim Water:
Existing service or provider This site is in the Orlando Utilities Commission (OUC) water service area.
Wastewater:
There is a four-inch force main approximately 1,500 feet west of this property at the intersection of Thorpe Road and Bachman Road. In addition, a 12-inch force main on W. Landstreet Road is located approximately 4,000 feet from the property, via Bachman Road.
Reclaim Water:
Reclaimed water, if available, would be provided by OUC.
PZC Recommendation Book
35
April 18, 2013 1"H,."
36~
Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013 Schools Orange County Public Schools (OCPS) did not comment on this case, as it does not involve an increase in residential units or density. Parks & Recreation Review by the Parks and Recreation Division is not required for non-residential development. _ Specific Project Expenditure Report and Relationship Disclosure Form The original Specific Project Expenditure Report and Relationship Disclosure Form are currently on file with the Planning Division.
ACTION REQUESTED PZC Recommendation - (April 18, 2013) Make a finding of consistency with the Comprehensive Plan and approve the requested IND-4 (Industrial District), subject to the following restriction: Ii)
Billboards and pole signs shall be prohibited.
PLANNING AND ZONING COMMISSION (PZC) PUBLIC HEARING SYNOPSIS Staff presented the staff report the PZC and recommended they make a finding of consistency with the Comprehensive Plan and approve the requested II\ID-4 (Industrial District) zoning subject to the one (1) restriction in the staff report. One hundred nine (109) notices were mailed to surrounding property owners within 2,500 feet of the subject property. Staff did not receive any comments in favor or opposition to the request. The applicant was unable to attend the public hearing, but expressed their support for the staff recommendation via email. One person spoke at the public hearing and was expressed some issues with the public notice, but was not opposed to the request. The public hearing was closed. Commissioner DiVecchio made a motion to APPROVE the requested IND-4 (Industrial District) zoning, finding the request consistent with the CP subject to the one (1) restriction listed in the staff report. The motion was seconded by Betsy VanderLey, and was carried unanimously. Motion/Second
Pat DiVecchio I Betsy VanderLey
Voting in Favoll'
Tina Demostene, Rick Baldocchi, Shannon Currie, Paul Wean, Jose Ayala
Absent
Kevin Seraaj and Marvin Barrett
PZC Recommendation Book
36
April 18, 20),1).
,. 3be ~
Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013
RZ-13-04-012
"*
Subject Property
Subject Property
Future Land Use
FLUM:
Industrial (IND)
APPLICANT: Clarence M. Hoenstine LOCATION:
552 & 740 Thorpe Road
TRACT SIIE:-29.78 Acres . DISTRICT:
#4
SlTJR:
02124129
1 inch =833 feet
PZC Recommendation Book
37
April 18, 2013 ...
"to ~l.
.
3G~
Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013
RZ-13-04-012
'*
~ Subject Property
Subject Property
Zoning REQUEST:
nW·2 J INO·3 (Industrial District) to
INO.4 (Industrial District)
APPLICANT: Clarence M. Hoenstine
LOCATION:
552 & 140 Thorpe Road
TRACT SIZE: -29.18 Acres
DISTRICT:
#4
SfTlR:
02124/29
1 inch = 833 feet
PZC Recommendation Book
38
April 18, 201a.I!,.
37C
Rezoning Staff Report Orange County Planning Division PZC Hearing Date: April 18, 2013
N
1 inch
Subject Property
=500 feet
s
Pzc Recommendation Book
39
April 18, 2013
OFFICE OF COMPTROLLER ORANGE COUNTY FLORIDA
INTEROFFICE MEMO
Martha O. Haynie, CPA County Comptroller Finance and Accounting Department Special Assessments
POBox 38
Orlando, FL 32802
Telephone: 407-836-5770
Fax: 407-836-5753
Date:
May 3,2013
To:
Mayor Teresa Jacobs
and
Board of County Commissioners
Fro~ Jim Moye, Chief Deputy Comptroller
cUct:
Subject:
Elizabeth Godwin, 407-836-5770 Public Hearing to Establish a Municipal Service Benefit Unit (MSBU) for Streetlighting
MSBU District:
Azalea Park Sections 3 and 13 - Cocos Drive and Dogwood Drive Area
Applicant:
Deborah Odonnell, property owner
District:
Commissioner Clarke, District 3
Report:
The attached resolution will establish an MSBU for streetlighting for the Azalea Park Sections 3 and 13 - Cocos Drive and Dogwood Drive Areas, which consists of 16 lots. A total of 16 ballots were mailed to property owners to determine majority opinion. Of the ballots returned, approximately 87% were in favor of the establishment of the MSBU. 50% of the property owners responded to the ballot. The ballot results are as tollows: In favor of the MSBU Not in favor of the MSBU Returned undeliverable Received after deadline No ballots submitted Total ballots distributed
7 1
o o § 16
Streetlighting:
The streetlighting inventory will consist of 9 fixtures with 3 poles. The remaining 6 fixtures will be installed on existing poles. The estimated assessment for the establishing MSBU for streetlighting is $89.00 per lot for the first year.
Effective Date:
The establishing MSBU would be effective November 1,2013.
Action Requested:
Approval of attached resolution.
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ILL RD
CR 526
1, •
RESOLUTION
OF THE
BOARD OF COUNTY COMMISSIONERS
ESTABLISHING A
MUNICIPAL SERVICE BENEFIT UNIT
FOR STREETLIGHTING
FOR
Azalea Park Sections 3 and 13
Cocos Drive and Dogwood Drive
11/2013 WHEREAS, Section 125.01 (1) (q), Florida Statutes, grants Orange County the power to establish Municipal Service Benefit Units (hereinafter known as the "MSBU") for any part of the unincorporated area of Orange County; and WHEREAS, Section 197.3632, Florida Statutes, authorizes the levy, collection, and enforcement of non-ad valorem assessments in the same manner as ad valorem taxes; and WHEREAS, the Board of County Commissioners of Orange County (hereinafter known as the "Board") is the governing board of Orange County, Florida (hereinafter known as the "County") pursuant to its charter; and WHEREAS, the County has received a request, in writing, from property owners, for the establishment of such an MSBU in that portion of the unincorporated area of Orange County and which is more fully described below; and WHEREAS, the Board has determined that the establishment of an MSBU, the purpose of which is to provide for streetlighting as requested by the property owners, together with the other information pertaining to the operation of the proposed MSBU submitted therewith, to be feasible, necessary to facilitate the services desired and in the public interest, and that the properties which are more fully described below will be benefited, now and in the future, and that the proposed MSBU should be created; and THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY, FLORIDA: 1. The foregoing 'WHEREAS" clauses are presumed to be true and correct and are hereby incorporated into the text of the resolution. 2. There is hereby established and created the Azalea Park Sections 3 and 13 - Cocos Drive and Dogwood Drive 11/2013 MSBU, subject to final adjustment and approval as provided for in Section 197.3632, Florida Statutes, the boundaries of which appear on the recorded plats of Azalea Park Section Three and Azalea Park Section Thirteen subdivisions, Plat Book S, Pages 118 and 119 for Azalea Park Section 3 and Plat Book T, Page 123 for Azalea Park Section 13, Section 27, Township 22, Range 30; Lot 14 Block K and Lots 4 through 7 Block L for Azalea Park Section 3 and Lots 4 through 10 Block A and Lots 1 through 4 Block B for Azalea Park Section 13, Public Records of Orange County, Florida. The purpose of such MSBU is to provide for collection and
1 IIOcclnelshareIFinancelAcclingIMSTUIWordIL,ghlslazalea-cocos res. doc
37 2
disbursal by the County of such funds as may be necessary to pay the annual expense of standard operation and maintenance of streetlighting equipment within the MSBU, including energy charges, streetlighting fixtures, poles, wires, conduits, and all appurtenances necessary for such streetlighting, electrical services and current used in their operation, and for payment of administrative costs and appropriate reserves for cash balance. It is the understanding of the County that Orlando Utilities Commission is to construct, or has constructed in accordance with standards approved by the Orange County Public Works Division, all necessary streetlighting equipment at no expense to the County, prior to or during construction of those portions of Azalea Park Section 3 and Azalea Park Section 13 subdivisions and that Orlando Utilities Commission will assume standard maintenance and operation of such equipment, subsequent to such construction, including computation of the annual and monthly charges for such standard maintenance and operation. Such equipment is to include 9 • 100 watt standard cobra fixtures at $8.95 per fixture, per month and 3 • 30 foot wood poles at $3.36 per pole, per month for a yearly rate of $1,115.51, which includes energy costs and excludes the cost of administering the district as set out below, or at a rate or rates as may be set by the properly constituted legal authorities who control, govern and set the rates for Orlando Utilities Commission for the services described herein. It is further understood by the County that Orlando Utilities Commission may construct such streetlighting equipment only in those portions of the MSBU as may be necessary concurrent with the development of Azalea Park Section 3 and Azalea Park Section 13 subdivisions and that the streetlighting district created herein will be operated only in such portions of the MSBU until such construction is completed in other portions of the MSBU; provided that if such construction is only to be in portions of such MSBU, a complete legal description of the portion or portions developed be filed with the Clerk of the Board. It is further understood that the contract between the County and Orlando Utilities Commission will not be effective until November 2013. It is further understood that only 9 - 100 watt standard cobra fixtures at $8.95 per fixture, per month and 3 - 30 foot wood poles at $3.36 per pole, per month are approved for this MSBU. 3. Upon completion of construction of such streetlighting equipment and the placement of such equipment into operation, the Board shall determine the estimated non-ad valorem assessment amount required to pay the standard expense of maintaining and operating the streetlighting equipment in the MSBU. This non-ad valorem assessment is levied for the first time as of November 2013 and will be levied each and every year thereafter until discontinued by the Board. The Board may increase or decrease the amount of the assessment by twenty percent (20%) each and every year thereafter to any affected property based on the benefit, which the Board will provide or has provided to the property with the revenue generated, by the assessment. The property owners within Azalea Park Section 3 and Azalea Park Section 13 subdivisions shall pay any cost exceeding standard operating and maintenance expense as determined by the Board. It is the intent of the County that the Uniform Method for the levy, collection, and enforcement of non-ad valorem assessments, as Section 197.3632, Florida Statutes, grants, shall be used for collecting the non-ad valorem assessments. One and one half dollars ($1.50) for each lot or parcel of land shall be added by the Board to cover the costs of administering the MSBU and the total amount so determined shall be specially assessed against the real property of the freeholders in the MSBU as provided hereafter. Additional amounts will be added to provide for reimbursement of necessary administrative costs incurred by the Property Appraiser and Tax Collector for the collection of non-ad valorem assessments subject to the provision of Section 197.3632, Florida Statutes and for the establishment and maintenance of a reserve for cash balance for the purpose of paying expenses from October 1 of the ensuing fiscal year until the time when the revenue for that year are expected to be available. Administrative costs shall include, but not be limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The County may spend from its general fund, such sums as may be necessary to operate, maintain, and administer the MSBU hereby created and the County will be reimbursed to such extent at such time as such assessments have been collected. The estimated annual cost of operating, maintaining, and administering such streetlighting equipment, including the establishment and maintenance of an
2 IIOcclnetsharelF,nancelAcctinglMSTUIWordlL,ghtSlazalea-cocos res. doc
appropriate reserve for cash balance, is $1,424.00 and the estimated annual charge to each individual freeholder is $89.00. Proceeds of collection of such assessments as provided hereinafter are to be put into a special revenue fund of the County to the credit of the MSBU, and are to be used only by the district as provided herein. 4. Upon completion of construction of such streetHghting equipment and the placement of such equipment into operation, and for each and every year thereafter, a non-ad valorem special assessment roll setting forth a description of each lot or parcel of land subject to the non-ad valorem special assessments in the MSBU as provided herein, including homesteads, shall be prepared by the Property Appraiser and delivered to the Board, which shall levy a non-ad valorem special assessment upon such lots or parcels as may be owned by individual freeholders, according to the recorded plats of Azalea Park Section 3 and Azalea Park Section 13 subdivisions, Plat Book S, Pages 118 and 119 for Azalea Park Section 3 and Plat Book T, Page 123 for Azalea Park Section 13, such sums as shall be necessary to pay the estimated expense of the annual operation and maintenance of such streetlighting equipment and administration of the district and appropriate reserves for cash balance for paying expenses, provided that such sums shall be assessed against the real property of each individual freeholder on a pro rata basis, and not on an ad valorem basis, so that each freeholder shall, at all times, pay an equal amount towards such cost. After the adoption of the non-ad valorem special assessment by the Board, the Property Appraiser shall extend the assessment upon the non ad valorem assessment roll, which roll shall be fully completed prior to the time said Board sits as the Board of Tax Adjustment, during which time such assessments may be protested, reviewed, equalized, and adjusted to conform to the provisions of Sections 197.3632 and 197.3635, Florida Statutes. After adjournment as the Board of Tax Adjustment, said Board shall certify the non-ad valorem special assessment roll in the same manner and at the same time as the County Tax Roll is certified and delivered to the Tax Collector, and the said non-ad valorem special assessments shall be collected in the same manner and shall have the same priority rights, discounts for early payment, prepayment by installment method, deferred payment, penalty for delinquent payment, and issuance and sale of tax certificates and tax deeds for non-payment, and be subject to the same delinquent interest and penalties, and be treated in all respects the same as County ad valorem taxes. Said non ad valorem special assessments, when collected by the Tax Collector shall be remitted to the Board, who shall deposit the same in such depository as shall be designated by the Board who shall apply the same to monthly bills rendered by Orlando Utilities Commission, related administrative costs, and to the establishment and maintenance of an appropriate reserve for cash balance. From the proceeds of said non-ad valorem special assessments, the Board shall pay the costs for having a non-ad valorem special assessment roll made and extended. The Tax Collector's office shall receive all fees and costs of sale as provided by law for the collection of ad valorem taxes, advertising, sale of lands, and issuance and sale of certificates. The Uniform Method for the levy, collection, and enforcement of non-ad valorem assessments, Section 197.3632, Florida Statutes, will be used. 5. The Board intends that non-ad valorem special assessments authorized by this resolution be collected pursuant to the Uniform Assessment Collection Act, Sections 197.3632 and 197.3635, Florida Statutes. The Board authorizes utilization of this Uniform Method of collection for all affected parcels. The non-ad valorem special assessment will be listed on the assessment roll for all affected parcels and will be included in the notice of proposed property taxes and the tax notice for each affected parcel. These non-ad valorem special assessments will be subject to all collection provisions applicable to ad valorem taxes, including discount for early payment, prepayment by installment method, deferred payment, penalty for delinquent payment, issuance of and sale of tax certificates and tax deeds for non-payment, and commissions of the Property Appraiser and the Tax Collector as provided by Florida Law. 6. In the event of division or splitting of any of the tax parcels or lots assessed herein, any such
newly subdivided or split parcels shall be included in the MSBU assessments.
'
3 IIOcclrletshareIFinancelAcctingIMSTUIWordll,ghtslazalea-cocos res doc
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7. Each property owner affected by this resolution has been provided first class mail notice of the potential for loss of his or her title when the Uniform Method of collection is used and that all affected property owners have a right to appear at the hearing and to file written objections with the Board. Each property owner affected by this resolution has been provided first class mail notice of the time and place of the public hearing at which this resolution was adopted. However, under Section 119.07, Florida Statutes, certain records may be noted as exempt and confidential. This public record exemption may cause certain property owners not to receive the above first class mail notice, however, a public hearing notice conforming to the provisions of Section 197.3632, Florida Statutes, has been published in a newspaper of general circulation within Orange County four times preceding the public hearing. 8. The Board of County Commissioners shall be the governing board of said Municipal Service Benefit Unit.
ADOPTED THIS _ _ _ _ _ _ _ DAY OF _ _ _ _ _ _ _ _, 2013
ORANGE COUNTY, FLORIDA
BY:
------O-R-A-N-G-E-C-O-U-N-T-Y-M-A-YO~R--------------
DATE:________________________________________________ AITEST:
Martha O. Haynie, County Comptroller as Clerk of the Board of County Commissioners
DEPUTY CLERK
~., f~ '.
4
IIQcclnetsharelFinancelAccllnglMSTUIWordllightslazalea-cocos res.doc
3 '(" '"',.
Interoffice Memorandum
May 2,2013 TO:
FROM:
Mayor Teresa Jacobs -ANDBoard of County Commissioners Jon V. Weiss, P.E., Director \:\.~. Community, Envi~hmental a~~Development Services Depa.29f~nt
sm~airman
CONTACT PERSON:
John Development Review Committee Planning Division (407) 836·5616
SUBJECT:
May 14, 2013 - Public Hearing Jay R. Jackson, Kimley-Horn and Associates, Inc. Universal Boulevard Planned Development Land Use Plan Amendment - Substantial Change Case # LUPA-12-03-065! District 6
The existing Universal Boulevard PO contains approximately 2,064 gross acres and generally located along both sides of W. Sand Lake Road, between Universal Boulevard and John Young Parkway. Current entitlements consist of 2,307,817 square feet of retail!commercial uses, 10,400 hotel rooms, 6,820 timeshare and resort units, -300 acres of attraction uses, the 1,000-student UCF-Rosen College of Hospitality Management (including 400 student housing beds), and a clubhouse with two (2) 18 hole golf courses. Through this substantial change request, the applicant is seeking to aggregate and rezone 62.62 adjacent acres of 1-4 zoned property into the Universal Boulevard PO; and transfer one (1) million square feet of commercial! retail uses from the adjacent Pavilion at Sand Lake PO into the subject PD. The proposed amendment received initial approval from the Development Review Committee (DRC) on January 23, 2013. Also, on February 21, 2013 the Planning and Zoning Commission (PZC) made a finding of consistency with the Comprehensive Plan and recommended approval of the amendment, subject to the conditions identified in
~.,n.
3 ',.' t(
May 14, 2013 - Public Hearing
Jay R. Jackson, Kimley-Horn and Associates, Inc.
Universal Boulevard Planned Development (PO)
Case # LUPA-12-03-065/ District 6
2of2
the Staff Report. Due to the non-residential character of surrounding properties, a community meeting was not required by the DRC. The Specific Project Expenditure Report and Relationship Disclosure Form have been completed in accordance with the requirements of Ordinance 2008-14, and copies of these and the PD/LUP may be found i.n the Blue Folder for public hearings and in the Planning Division for further reference. Please note that this public hearing was continued by the Board of County Commissioners on March 26, 2013, April 9, 2013, and April 30, 2013.
ACTION REQUESTED: Make a finding of consistency with the Comprehensive Plan (CP) and approve the Universal Boulevard Planned Development I land Use Plan (PD/lUP), dated "Received October 15, 2012", subject to the conditions listed under the PZC Recommendation in the Staff Report. District 6
Attachments
....
37~,
Universal Boulevard PD Case # LUPA-12-03-065 BCC Hearing Date: May 14, 2013 PZC Recommendation Staff Report Commission District: # 6
GENERAL Ii\lFORMATION APPLICANT
Jay R. Jackson, Kimley-Horn and Associates, Inc.
OWNER
Fourth Quarter Properties 117, LLC
PROJECT NAME
Universal Boulevard Planned Development (also known as "U.S. I. South Campus Planned Development") Land Use Plan Amendment
HEARING TYPE
Planning and Zoning Commission
REQUEST
1-4 (Industrial District) and PD (Planned Development District) to PD (Planned Development District)
LOCATION
Generally described as north and south of W. Sand Lake Road, east of Universal Boulevard, west of John Young Parkway and north of S.R. 528
PARCELID NUMBERS
Multiple parcels; SITIR: 01/24/28; 36/23/28; 31,32/23/29; 4,5,6124/29 Parcels proposed to be aggregated into the PD: 31-23-29-0000-00-012; 31-23-29-0000-00-014; 31-23-29-0000-00-008 (partial); and 31-23-29-0000-00-013 (partial)
PUBLIC NOTIFICATION
The notification area for this public hearing was 1,500 feet [Chapter 30-40(c)(3a) of the Orange County Code requires 300 feet]. Thirteen (13) notices were mailed to those property owners in the mailing buffer area.
TRACT SIZE
~2, 126.70
PROPOSED USES
To aggregate and rezone 62.62 adjacent acres of 1-4 zoned property into the subject PO; and to transfer one (1) million square feet of commercial 1 retail uses from the adjacent Pavilion at Sand Lake PD into the subject PD.
PZC Recommendation Book
acres (total) 1-62.62 acres (aggregated area)
February 21, 2013 ;,.1'.
38 (
Universal Boulevard PD Case # lUPA-12-03-065 BCC Hearing Date: May 14, 2013 PROPOSED I MODIFIED DEVELOPMENT PROGRAM larttt U.se Retail! Commercial Hotel Timeshare { Resort Rental Attraction School /§tudent Housing Golf Course
Units 3,307,817 sq. ft. 10,400 rooms 6,820 units +/- 300 acres 1,000 students / 400 bed student housing 36 holes with clubhouse
.
STAFF RECOMMENDATION DRC RECOMMENDATION (January 23,2013): Make a finding of consistency with the Comprehensive Plan and approve the Universal Boulevard Planned Development I land Use Plan Amendment to aggregate and rezone 62.62 adjacent acres of 1-4 zoned property into the PD; and to transfer 1 million square feet of commercial I retail uses from the adjacent Pavilion at Sand lake PO into the PO, subject to the following conditions of approval, and to the Pavilion at Sand Lake PD Substantial Change and the Mandarin Drive Agreement moving forward to the Board of County Commissioner simultaneously with this request. 1. Development shall conform to the Universal Boulevard (a.k.a. "U.S.I. South Campus PO") PO Land Use Plan dated "Received October 15, 2012," and shall comply with all applicable federal. state and county laws, ordinances and regulations, except to the extent that any applicable county lavIs, ordinances or regulations are expressly waived or modified by any of these conditions. Accordingly, the PO may be developed in accordance with the uses, densities and intensities described in such Land Use Plan, subject to those uses, densities and intensities conforming with the restrictions and requirements found in the conditions of approval and complying with all applicable federal, state and county laws, ordinance and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. If the development is unable to achieve or obtain desired uses, densities or intensities, the County is not under any obligation to grant any waivers or modifications to enable the developer to achieve or obtain those desired uses, densities or intensities. In the event of a conflict or inconsistency between a condition of approval of this zoning and the land use plan dated "Received October 15, 2012," the condition of approval shall control to the extent of such conflict or inconsistency. 2. Jhis project shall comply with, adhere to, and not deviate from or otherwise conflict with any verbal or written promise or representation made by the applicant (or authorized agent) to the Board of County Commissioners at the public hearing where this development was approved, where such promise or representation, whether oral or written, was relied upon by the Board in PZC Recommendation Book
2
February 21, 2013
38 J
Universal Boulevard PD Case # LUPA-12-03-065 BCe Hearing Date: May 14, 2013 approving the development. could have reasonably been expected to have been relied upon by the Board in approving the· development, or could have reasonably induced or otherwise influenced the Board to approve the development. For purposes of this condition, a "promise" or "representation" shall be deemed to have been made to the Board by the applicant (or authorized agent) if it was expressly made to the Board at a public hearing where the development was considered or approved. 3. A road agreement is required to be in place for the conveyanc;e of Right-of-Way for Mandarin Drive. 4. No activity will be permitted within the boundaries of the site that may disturb, influence or interfere with: areas of soil or groundwater contamination, remediation activities, or within the hydrological zone of influence of the contaminated area, unless prior approval has been obtained through the Florida Department of Environmental .Protection (FDEP). Such approval may include, but is not limited to: an FDEP No Further Action letter, Site Rehabilitation Completion Order (SRCO), or documentation of specific permission from FDEP. Such documentation shall. be provided to the Environmental Protection Division of Orange County. 5. On properties where contamination has been documented, the covenants, conditions, and restrictions (CC&Rs) and lease agreements shall include notification that the property has been identified with soil and groundwater contamination and shall state the status of the resulting remediation. 6. Neither potable wells nor irrigation using local groundwater will be allowed on sites where identified sOil or groundwater contamination has been documented. 7. Prior to construction plan approval. updated wastewater and reclaimed water master plans for this PO shall be reviewed and approved by Orange County Utilities. 8. The Developer shall obtain wastewater and reclaimed water service from Orange County Utilities. 9. The CC&Rs for the parcels within this PO shall contain a statement reflecting the location of a regional wastewater treatment plant adjacent tathe PD. 10. Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with the Master Sign. Guidelines with the exception of any approved waivers. 11. All previous applicable BCC Conditions of Approval, dated April 28, 2009, shall
illmlY.;. a. This project shall comply with, adhere to, and not deviate from or otherwise conflict with any verbal or written promise or representation made by the applicant (or his or her authorized agent) to the Board of County Commissioners at the public hearing where this development was PZC Recommendation Book
3
February 21, 2013 '"f'.
38~
Universal Boulevard PD Case # lUPA-12-03-065 BCe Hearing Date: May 14, 2013 approved, where such promise or representation, whether oral or written, was relied upon by the Board in approving the development, could have reasonably been expected to have been relied upon by the Board in approving the development, or could have reasonably induced or otherwise influenced the Board to approve the development. For purposes of this condition, a "promise" or "representation" shall be deemed to have been made to the Board by the applicant (or his or her authorized agent) if it was expressly made to the Board at a public hearing where the development was considered or approved. b. The Master Signage Plan dated "Received January 12, 2009," is approved which grants a waiver from Section 31.5-163(a)(2) to allow the size of 3 building / fascia signs to be up to 632 square feet each (for a total of 1,896 square feet) in lieu of 260 square feet. 1 All previous applicable BCC Conditions of Approval dated January 10, 2006, February 3,2004, and December 14, 1999, shall apply: a. Residential uses shall be limited to those residential uses in the Land Use Agreement as defined in the 1990 Code. b. Development shall comply with the property owner's Voluntary Donation in Aid of Education Agreement approved by the Orange County School Board (OCSB) on January 9, 2006. In the event the County receives written notification from the OCSB of developer's breach of the agreement, the County shall cease issuing development approvals until such time as the OCSB provides written notice to the County that the breach has been cured. c. The use, on the UCF Rosen School of Hospitality campus only, shall be restricted to student housing and any change in such use shall constitute a substantial change to the PD. This project shall also comply with the Student Housing Ordinance. d. A waiver of Section 38-1259(h) is granted to allow a maximum building height increase from 3 stories / 40 feet to 4 stories / 55 feet, for the UCF Rosen School of Hospitality campus only. e. Billboards and pole signs shall be prohibited. All existing billboards shall be removed within five years of this approval. f. Any communication tower requests shall be processed through the Board of Zoning Adjustment, following Section 38-1427, Orange County Code. g. Prior to construction plan approval, master stormwater management, wastewater, and reclaimed water plans for this project shall be reviewed and approved by Orange County.
PZC Recommendation Book
4
February 21,2013 ',.!'.
38 :,' ~
Universal Boulevard PD Case # lUPA-12~03-065 BCC Hearing Date: May 14, 2013 h. Swapping of property between the Orange County Convention Center Expansion Phase V PD/LUP and USI South Campus PD/LUP with overall useslinterests not being affected may occur as a nonsubstantial change, as reviewed and approved by Development Review Committee.
i.
The Universal Studios South Campus LUP may be developed to a total daily trip generation equivalent to Universal's share of the design capacity of the proposed Universal Boulevard extension.
j.
An additional 20,000 total daily trips may be generated by the Universal Studios Development upon completion of a four-lane connection between the proposed Universal Boulevard and John Young Parkway to six lanes from the Osceola County line to Interstate 4.
k. An additional 43,523 total daily trips may be generated upon the completion of the extension of Kirkman Road from Sand Lake Road to the Beeline Expressway and the interchange with the Beeline at the Kirkman Road Extension. I.
These two improvements (i.e., east-west spur road and the Kirkman extension) may be interchanged in their construction sequences if and to the extent that the same travel demand is met.
m. Any future use of fireworks requires a public hearing and is subject to the Board of County Commissioners' (BCC) approval. n. No construction plan approval for vertical construction shall be permitted until a mitigation plan is approved for that parcel. o. The Environmental Protection Division (EPD) shall monitor this area during both construction and operation to' ensure compliance with Orange County Code with regard to noise elevations in the area. In the event that noise readings exceed that which is allowed under current code requirements (i.e., the Noise Ordinance), EPD or the Public Works director may order construction activity halted from 7 p.m. until 7 a.m. p. No searchlights or uplighting shall be allowed within 2,600 feet of all residential areas. Additional lighting shall be submitted with the proposed attraction area prior to approval. q. All parking light poles shall be restricted to a maximum height of 30 feet. r. Lighting, with the exception of landscape lighting, shall be directed in a downward direction and away from the Williamsburg neighborhood. s. A waiver shall be granted from the Tourist Commercial Performance Standards to the extent indicated on the USI South Campus LUP.
PZC Recommendation Book
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February 21, 2013
384
Universal Boulevard PO Case # lUPA~12-03-065 BCe Hearing Date: May 14, 2013 t. Applicant agrees that the foregoing restrictions shall be enforceable against the property by Orange County for a period of 20 years from the date hereof regardless of whether the property remains in unincorporated Orange County.
IMPACT ANALYSIS land Use Compatibility The proposed PD (Planned Development District) zoning would allow for land uses that are compatible with the existing development in the area. Comprehensive Plan (CP) Consistency The subject property has a split Comprehensive Plan Future Land Use Map (FLUM) designation of Commercial (C), Industrial (I) and Planned Development Mixed Use (PD-MU). The 62.62 acre property that is proposed to be aggregated into the PO has a FLUM designation of PD-MU. The proposed request is consistent with these underlying FLUM designations and the following CP provisions: FlU1.4.6 establishes that the following guidelines illustrate different types of commercial and retail development consistent with the Orange County Comprehensive Plan. It is the goal of the 2030 CP to increase densities and intensities in the Urban Service Area in order to accommodate projected growth. The Commercial floor area ratio (FAR) shall be 3.0 unless otherwise restricted by County policy or code (See FLU1.1.4A, FLU2.2.4 - FLU2.2.7, and FLU3.2.1 FLU3.2.13). The basis for increasing densities and intensities is the finding that productive use of vacant land within the Urban Service Area is critical to the County's future urban form. Therefore, \'i1Jith respect to ne'v"J development and redevelopment, the County is seeking more integrated forms of commercial and non-residential development, including vertical mixed use design and complementary land uses in close proximity to one another, in its desired development pattern for the County's Urban Service Area. OBJ FlU2.2 states that Orange County shall develop, adopt and implement mixed-use strategies and incentives as part of its comprehensive plan and land development code efforts, including standards for determining consistency with the Future Land Use Map. Other objectives of mixed-use development include reducing trip lengths, providing for diverse housing types, using infrastructure efficiently and promoting a sense of community. OBJ FLUS.2 states that compatibility will continue to be the fundamental consideration in all land use and zoning decisions. FLUS.2.1 states that land use changes shall be required to be compatible with the existing development and development trend in the area. Performance restrictions and/or conditions may be placed on property through the appropriate development order to ensure compatibility. No restrictions or conditions shall be placed on a Future Land Use Map change. PZC Recommendation Book
6
February 21, 2013
Bee
Universal Boulevard PD Case # LUPA-12-03-065 Hearing Date: May 14, 2013
SITE DATA Existing Use*
Vacant I warehouse (approximately 13,000 square feet)
Adjacent Zoning*
N:
PD (Planned Development District Lake PO) (2007)
Pavilion at Sand
INO-2/11\ID-3 (Industrial District) (1965) E:
PO (Planned Development District Lake PO) (2007)
Pavilion at Sand
INO-2I1ND-3 (Industrial District) (1965) W:
PD (Planned Development District - Pavilion at Sand Lake PD) (2007) IND-2I1ND-3 (Industrial District) (1965)
Adjacent Land Uses*
S:
PD (Planned Development District - Universal Boulevard PD) (1965)
N:
Vacant Warehousing I Office (Lockheed Martin)
E:
Orange County South Water Reclamation Facility
W:
Warehousing I Office (Lockheed Martin)
S:
Vacant I Warehousing
*The existing use, adjacent zoning and adjacent land uses have been provided for the aggregated property only. There are multiple uses within the Universal Boulevard PO, including resort rental, student housing, retail, hotel, golf course and institutional (UCF Rosen Col/ege of Hospitality Management).
APPLICABLE PO DEVELOPMENT STANDARDS Maximum building height: Maximum lot coverage: Minimum open space:
400 ft. I 40 stories
70%
20%
Minimum Building Setbacks PD perimeter: Between lots (side): Between lots (rear): Abutting Universal Boulevard: Abutting proposed Kirkman Road: Abutting SR 528: Other internal roads:
25 ft.
30 ft.
20 ft.
40 ft. (from 40 ft. (from 60 ft. (from 10ft. (from
ROW)
ROW)
ROW)
ROW)
Note: For building heights in excess of sixty feet (60'), the building setback shall be increased one foot (1 ') horizontally for each one foot (1 ') in building height above sixty feet (60').
PZC Recommendation Book
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February 21, 2013
'.. I'.
38("
Universal Boulevard PO Case # LUPA-12-03-065 BCC Hearing Date: May 14, 2013 SPECIAL INFORMATION Subject Property Analysis The applicant is seeking to aggregate and rezone 62.62 adjacent acres of 1-4 zoned property into the Universal Boulevard PO; and transfer one (1) million square feet of commercial I retail uses from the adjacent Pavilion at Sand Lake PO into the PD. The property to be aggregated is located adjacent to the Universal Boulevard PO to the north. The request will be accompanied to the BCC by a road agreement for Mandarin Drive and a substantial change request to the Pavilion at Sand Lake PO to accommodate the proposed transfer of commercial! retail entitlements.
Rural Settlement
The subject property is not located within a Rural Settlement.
Joint Planning Area
The subject property is not located within a JPA.
Overlay District Ordinance
The subject property is not located within an Overlay District.
Environmental Conservation Area Determination - This planned development (PO) is included in Orange County Conservation Area Determination (CAD) # 92-18, as noted. The boundary survey was approved on October 1, 1997.
Transportation I Concurrency This project is vested from concurrency. Vested rights certificate #05-109 is on file for this project.
WaterlWastewater/Reclaim
Water:
Orlando Utilities Commission
Wastewater:
Orange County Utilities
Reclaim Water:
N/A
Schools The requested change will not result in an increase in school-age population, and therefore will not impact Orange County Public Schools.
Parks & Recreation The requested change will not result in an increase in population, and therefore will not impact the County's level of service standards for parks.
Specific Project Expenditure Report and Relationship Disclosure Form The original Specific Project Expenditure Report and Relationship Disclosure Form are currently on file with the Planning Division.
PZC Recommendation Book
8
February 21, 2013 :·t,p.··
3 >· ,.,. U
Universal Boulevard PD Case # LUPA-12-03-065 BCC Hearing Date: May 14, 2013 ACTiON REQUESTED PZC Recommendation - (February 21, 2013) Make a finding of consistency with the Comprehensive Plan and approve the Universal Boulevard PO Land Use Plan Amendment to aggregate and rezone 62.62 adjacent acres of 1-4 zoned property into the PD; and to transfer 1 million square feet of commercial I retail uses from the adjacent Pavilion at Sand Lake PD into the PO, subject to the following conditions of approval, and to the Pavilion at Sand lake PD Substantial Change and the Mandarin Drive Agreement moving forward to the Board of County Commissioners simultaneously with this request. 1. Development shall conform to the Universal Boulevard (a.k.a. "U.S.I. South Campus PO") PO Land Use Plan dated "Received October 15, 2012," and shall comply with all applicable federal, state and county laws, ordinances and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. Accordingly, the PO may be developed in accordance with the uses, densities and intensities described in such Land Use Plan, subject to those uses, densities and intensities conforming with the restrictions and requirements found in the conditions of approval and complying with all applicable federal, state and county laws, ordinance and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. If the development is unable to achieve or obtain desired uses, densities or intensities, the County is not under any obligation to grant any waivers or modifications to enable the developer to achieve or obtain those desired uses, densities or intensities. In the event of a conflict or inconsistency between a condition of approval of this zoning and the land use plan dated "Received October 15, 2012," the condition of approval shall control to the extent of such conflict or inconsistency. 2. This project shall comply with, adhere to, and not deviate from or otherwise conflict with any verbal or written promise or representation made by the applicant (or authorized agent) to the Board of County Commissioners at the public hearing where this development was approved, where such promise or representation, whether oral or written, was relied upon by the Board in approving the development, could have reasonably been expected to have been relied upon by the Board in approving the development, or could have reasonably induced or otherwise influenced the Board to approve the development. For purposes of this condition, a "promise" or "representation" shall be deemed to have been made to the Board by the applicant (or authorized agent) if it was expressly made to the Board at a public hearing where the development was considered or approved. 3. A road agreement is required to be in place for the conveyance of Right-of-Way for Mandarin Drive. 4. No activity will be permitted within the boundaries of the site that may disturb, influence or interfere with: areas of soil or groundwater contamination, remediation activities, or within the hydrological zone of influence of the contaminated area, unless prior approval has been obtained through the Florida Department of PZC Recommendation Book
9
February 21, 2013
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38[
Universal Boulevard PO Case # lUPA-12-03-065 BCC Hearing Date: May 14, 2013 Environmental Protection (FDEP). Such approval may include, but is not limited to: an FDEP No Further Action letter, Site Rehabilitation Completion Order (SRCO), or documentation of specific permission from FDEP. Such documentation shall be provided to the Environmental Protection Division of Orange County. 5. On properties where contamination has been documented, the covenants, conditions, and restrictions (CC&Rs) and lease agreements shall include notification that the property has been identified with soil and groundwater contamination and shall state the status of the resulting remediation. 6. Neither potable wells nor irrigation using local groundwater will be allowed on sites where identified soil or groundwater contamination has been documented. 7. Prior to construction plan approval, updated wastewater and reclaimed water master plans for this PD shall be reviewed and approved by Orange County Utilities. 8. The Developer shall obtain wastewater and reclaimed water service from Orange County Utilities .. 9. The CC&Rs for the parcels within this PD shall contain a statement reflecting the location of a regional wastewater treatment plant adjacent to the PD. 10. Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with the Master Sign Guidelines with the exception of any approved waivers. 11. All previous applicable BCC Conditions of Approval, dated April 28, 2009, shall apply: a. This project shall comply with, adhere to, and not deviate from or otherwise conflict with any verbal or written promise or representation made by the applicant (or his or her authorized agent) to the Board of County Commissioners at the public hearing where this development was approved, where such promise or representation, whether oral or written, was relied upon by the Board in approving the development, could have reasonably been expected to have been relied upon by the Board in approving the development, or could have reasonably induced or otherwise influenced the Board to approve the development. For purposes of this condition, a "promise" or "representation" shall be deemed to have been made to the Board by the applicant (or his or her authorized agent) if it was expressly made to the Board at a public hearing where the development was considered or approved. b. The Master Signage Plan dated "Received January 12, 2009," is approved which grants a waiver from Section 31.5-163(a)(2) to allow the size of 3 building / fascia signs to be up to 632 square feet each (for a total of 1,896 square feet) in lieu of 260 square feet. 12. All previous applicable BCC Conditions of Approval dated January 10, 2006, February 3,2004, and December 14, 1999, shall apply:
PZC Recommendation Book
10
February 21, 2013 ;
,.
38[
Universal Boulevard PO Case # lUPA-12 03-065 BCC Hearing Date: May 14, 2013 m
a. Residential uses shall be limited to those residential uses in the Land Use Agreement as defined in the 1990 Code. b. Development shall comply with the property owner's Voluntary Donation in Aid of Education Agreement approved by the Orange County School Board (OCSB) on January 9, 2006. In the event the County receives written notification from the OCSB of developer's breach of the agreement, the County shall cease issuing development approvals until such time as the OCSB provides written notice to the County that the breach has been cured. c. The use, on the UCF Rosen School of Hospitality campus only, shall be restricted to student housing and any change in such use shall constitute a substantial change to the PD. This project shall also comply with the Student Housing Ordinance. d. A waiver of Section 38-1259(h) is granted to allow a maximum building height increase from 3 stories 140 feet to 4 stories I 55 feet, for the UCF Rosen School of Hospitality campus only. e. Billboards and pole signs shall be prohibited. All existing billboards shall be removed within five years of this approval. f. Any communication tower requests shall be processed through the Board of Zoning Adjustment, following Section 38-1427, Orange County Code.
g. Prior to construction plan approval, master stormwater management, wastewater, and reclaimed water plans for this project shall be reviewed and approved by Orange County. h. Swapping of property between the Orange County Convention Center Expansion Phase V PD/LUP and USI South Campus PD/LUP with overall uses/interests not being affected may occur as a nonsubstantial change, as reviewed and approved by Development Review Committee.
i.
The Universal Studios South Campus LUP may be developed to a total daily trip generation equivalent to Universal's share of the design capacity of the proposed Universal Boulevard extension.
j.
An additional 20,000 total daily trips may be generated by the Universal Studios Development upon completion of a four-lane connection between the proposed Universal Boulevard and John Young Parkway to six lanes from the Osceola County line to Interstate 4.
k. An additional 43,523 total daily trips may be generated upon the completion of the extension of Kirkman Road from Sand Lake Road to the Beeline Expressway and the interchange with the Beeline at the Kirkman Road Extension.
Pzc Recommendation Book
11
February 21, 2013
39(.
Universal Boulevard PO Case # lUPA-12-03-065 BCC Hearing Date: May 14,2013 I. These two improvements (i.e., east-west spur road and the Kirkman extension) may be interchanged in their construction sequences if and to the extent that the same travel demand is met. m. Any future use of fireworks requires a public hearing and is subject to the Board of County Commissioners' (BCC) approval. n. No construction plan approval for vertical construction shall be permitted until a mitigation plan is approved for that parcel. o. The Environmental Protection Division (EPD) shall monitor this area during both construction and operation to ensure compliance with Orange County Code with regard to noise elevations in the area. In the event that noise readings exceed that which is allowed under current code requirements (i.e., the Noise Ordinance), EPD or the Public Works director may order construction activity halted from 7 p.m. until 7 a.m. p. No searchlights or uplighting shall be allowed within 2,600 feet of all residential areas. Additional lighting shall be submitted with the proposed attraction area prior to approval. q. All parking light poles shall be restricted to a maximum height of 30 feet.
r.
Lighting, with the exception of landscape lighting, shall be directed in a downward direction and away from the Williamsburg neighborhood.
s. A waiver shall be granted from the Tourist Commercial Performance Standards to the extent indicated on the USI South Campus LUP.
t.
Appiicant agrees that the foregoing restrictions shali be enforceabie against the property by Orange County for a period of 20 years from the date hereof regardless of whether the property remains in unincorporated Orange County.
PLANNING AND ZONING COMMISSION (PZC) PUBLIC HEARING SYNOPSIS Staff presented the staff report and recommended approval of the request subject to twelve (12) conditions. Jay Jackson, applicant, appeared on behalf of the property owner. In response to a question from Commissioner Ayala regarding wetlands, Mr. Jackson stated that no wetland impacts are proposed. Brad Goeb, representative of the property owner, added that the wetlands on the east side of the site are currently within a conservation easement. Chairman Baldocchi opened the public hearing, but no members of the public were present for comment. Chairman Baldocchi closed the public hearing. Commissioner VanderLey made a motion to find the request consistent with the Comprehensive Plan and APPROVE the Universal Boulevard PO Land Use Plan Amendment, to aggregate and rezone 62,62 adjacent acres of 1-4 zoned property into the PO; and to transfer 1 million square feet of commercial I retail uses from the adjacent Pavilion at Sand Lake PO into the PO, subject to the twelve (12) conditions found in the staff report, and to the PZC Recommendation Book
12
February 21, 2013
39~
Universal Boulevard PO Case # LUPA-12-03-065 BCC Hearing Date: May 14, 2013 Pavilion at Sand Lake PD Substantial Change and the Mandarin Drive Agreement moving forward to the Board of County Commissioners simultaneously with this request. The motion was seconded by Commissioner DiVecchio and carried unanimously.
Motion/Second
Betsy VanderLey I Pat DiVecchio
Voting in Favor
Jose Ayala, Paul Wean, Rick Baldocchi, Marvin Barrett and Tina Demostene
Absent
Shannon Currie I Kevin Seraaj
PZC Recommendation Book
13
February 21, 2013
..
39Z
Bee
Universa~
Universal Boulevard PD Case # LUPA-12-03-065 Hearing Date: May 14, 2013
Boulevard PO:
LUPA-12-03~065
*
~ Subject Property
Subject Property
Zoning ZONING:
PO (Planned Development District)
IND-4 (Industrial District)
APPLICANT: Jay R. Jackson
Kimley-Horn and Associates, Inc.
LOCATION: North and south of W. Sand lake
Rd., east of Universal Blvd., west
of John Young Pkwy., and north of
SR528
TRACT SIZE: -2,126.70 acres (total)
-62.62 acres (aggregated property)
DISTRICT:
#6
SITIR:
01124128; 36123128; 31, 32123129;
4, 5, 6124129
1 inch::: 3,333 feet
PZC Recommendation Bool<
14
February 21,2013
Universal Boulevard PO Case # lUPA-12-03-065 BeC Hearing Date: May 14, 2013
Universal Boulevard po: lUPA-12-03-065
f,~' :
*
nSubject Property
Subject PiOpeity
Future Land Use FLUM:
Planned Development. Mixed Use (PD·MU);
Commercial (C);
Industrial (I)
APPLICANT: Jay R. Jackson
Kimley-Horn and Associates, Inc.
LOCATION: North and south of W. Sand Lake
Rd., east of Universal Blvd., west
of John Young Pkwy., and north of
SR 528
TRACT SIZE: -2,126.70 acres (total)
-62.62 acres (aggregated property)
DISTRICT: SITIR:
#6 01124128; 36123128; 31, 32123129;
4, 5, 6124129
1 inch
PZC Recommendation Book
=3,333 feet
15
February 21,2013
Bec
Universal Boulevard PO Case # LUPA-12-03-065 Hearing Date: May 14, 2013
lUPA-12-03-065
C
*Subject Property
Subject Property
PZC Recommendation Book
16
February 21, 2013
17
Universal Boulevard PD Case # LUPA-12-03-065 BCe Hearing Date: May 14, 2013
February 21, 2013
Universal BOlLdevardl P[)/lUP Cover Sheet: lUP-12-03-065
PZC Recommendation Book
Un~velT'sal
PZC Recommendation Book
Universal Boulevard PD Case # LUPA-12-03-065 BCC Hearing Date: May 14,2013
II
.
i II 11 f. 11
'1'\ 41 II II , '] I,
II' :
D
February 21,2013
\,
1iI1l! II. t !J ~ :[;'l~" .ldj ~j
Boulevard PD/lUP: lUP-12-03-0S5
18
Interoffice Memorandum
May 2,2013 TO:
Mayor Teresa Jacobs -ANDBoard of County Commissioners
FROM:
Jon V. Weiss, P.E., Director Community, ~n .tronmental a;c(pevelopment Services Depa ent
CONTACT PERSON:
John Smog, :C;airman Developmeht Review Committee Planning Division (407) 836-5616
SUBJECT:
May 14, 2013 Public Hearing Jay R. Jackson, Kimley-Horn and Associates, Inc. Pavilion atSand Lake Planned Development I Land Use Plan (PD/LUP) Substantial Change I Case #CDR-12-02-020 District 6
C\'-!J.
The Pavilion at Sand Lake Planned Development (PO) contains approximately 108.42 gross acres and is generally located south of West Sand Lake Road, north and east of Universal Boulevard, and west of South John Young Parkway in District 6. The overall PO has existing development entitlements for 2.0 million square feet of retail/commercial uses. Through this substantial change, the applicant is seeking to transfer 1.0 million square feet of retail/commercial uses into the adjacent Universal Boulevard PO, and add light industrial and industrial park as permitted uses. A waiver has also been requested from Orange County Code Section 38-1272(a)(5) to allow for a maximum building height of 400 feet, in lieu of 50 feet. Due to the existing non-residential character of surrounding properties, a community meeting for this request was not required. On June 27, 2012, the Development Review Committee (DRC) made a finding of consistency with the Comprehensive Plan and recommended approval of the request, subject to the conditions identified in the Staff Report.
May 14, 2013 - Public Hearing
Jay R. Jackson, Kimley-Horn and Associates, Inc.
Pavilion at Sand Lake Planned Development I Land Use Plan (PD/LUP)
Substantial Change / Case #CDR-12-02-020 I District 6
2of2
The Specific Project Expenditure Report and Relationship Disclosure Form have been completed in accordance with the requirements of Ordinance 2008-14, and copies of these and the PD/LUP may be found in the Blue Folder for public hearings and in the Planning Division for further reference. Please note that public hearing was continued by the Board of County Commissioners on March 26, 2013, April 9,2013, and April 30,2013.
ACTION REQUESTED:
Attachments
Make a finding of consistency with the Comprehensive Plan (CP) and approve the substantial change to the Pavilion at Sand lake Planned Development I land Use Plan (PD/LUP) dated "Received October 15, 2012", subject to the recommended Development Review Committee (ORe) conditions listed in the Staff Report. District 6
DRC Staff Report Orange County Planning Division BCC Hearing Date: May 14, 2013
CAS
CDR~12~02-020 Commission District: # 6
#
GENERAL INFORMATION APPLICANT
Jay R. Jackson, Kimley-Horn and Associates, Inc.
OWNERS
Universal City Property Management Ill, LLC and IA Orlando Sand, LLC
PRO..IECT NAME
Pavilion at Sand Lake Planned Development I Land Use Plan (PD/LUP) Amendment (Substantial Change)
HEARiNG TYPE
Board of County Commissioners (BCC) Public Hearing
REQUEST
A substantial change to the PO to transfer 1.0 million square feet of retail/commercial uses into the adjacent Universal Boulevard PO; add light industrial and industrial park as permitted uses; and grant a waiver from Orange County Code Section 38-1272(a)(5) to allow for a maximum building height of 400 feet, in lieu of 50 feet.
LOCATION
Generally south of West Sand Lake Road, north and east of Universal Boulevard, and west of South John Young Parkway in District 6.
PARCEl!D NUMBERS
31-23-29-0000-00-007 and 31-23-29-0000-00-015
PUBLIC NOTIFICATION
The notification area for this public hearing was 1,300 feet [Chapter 30-40(c)(3a) of the Orange County Code requires 300 feet]. One hundred seventy-nine (179) notices were mailed to surrounding property owners. Due to the non-residential character of surrounding properties, a community meeting was not held for this request.
TRACT SIZE
-108.42 Gross Acres (overall PO)
40(
DRC Staff Report Orange County Planning Division Bee Hearing Date: May 14, 2013 IMPACT ANALYSIS Land Use Compatibility The PD has existing entitlements for 2.0 million square feet of retail/commercial land uses. Through this request, 1.0 million square feet of retail!commercial uses will be transferred into the adjacent Universal Boulevard PD and light industrial! industrial park will be added as permitted land uses. In addition, the applicant is seeking a waiver from Orange County Code Section 38-1272(a)(5) to allow for a maximum building height of 400 feet (in lieu of 50 feet), while maintaining the maximum building height of 35 feet when within 100 feet of any residentially zoned properties.
The request has been deemed to be compatible with adjacent properties and no adverse impacts are anticipated. Comprehensive Plan Consistency The underlying Future Land Use Map (FLUM) designation of the subject PD is Planned Development Mixed Use (PD-MU) and Industrial (I). The existing and proposed entitlements are consistent with these FLUM designations and all applicable Comprehensive Plan provisions. Transportation I Concurrency Related to this request, is a Road Impact Fee Agreement for the extension of Mandarin Drive which addresses the dedication of right-of-way, design and future construction of the Mandarin Drive extension from Sand Lake Road to Universal Boulevard. This Agreement provides that the owners will dedicate all right-of-way and easements needed for the future Mandarin Drive extension four-lane divided urban roadway at no cost to County, and will also design, engineer, mitigate and permit the improvement at no cost to County. Construction of the connecting segment from Sand Lake Road to Universal Boulevard will be through the E-permit process. The owners will also receive 100% road impact fee credits for the actual reasonable costs for construction.
Finally, this project is vested from concurrency under vested rights certificate #06-304.
STAFF RECOMMENDATION ORe RECOMMENDATION (June 27, 2012) Make a finding of consistency with the Comprehensive Plan and approve the substantial change to the Pavilion at Sand Lake Planned Development I Land Use Plan (PD/LUP), subject to the following condition(s):
1. Development shall conform to the Pavilion at Sand Lake Land Use Plan dated "Received October 15, 2012, "",nd shall comply with all applicable federal, state and county laws, ordinances and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. Accordingly, the PD may be developed in 2
DRC Staff Report Orange County Planning Division BCC Hearing Date: May 14, 2013 accordance with the uses, densities and intensities described in such Land Use Plan, subject to those uses, densities and intensities conforming with the restrictions and requirements found in the conditions of approval and complying with all applicable federal, state and county laws, ordinance and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. If the development is unable to achieve or obtain desired uses, densities or intensities, the County is not under any obligation to grant any waivers or modifications to enable the developer to achieve or obtain those desired Uses, densities or intensities. In the event of a conflict or inconsistency between a condition of approval of this zoning and the land use plan dated "Received October 15, 2012," the condition of approval shall control to the extent of such conflict or inconsistency. 2. A waiver from Section 38-1272(a)(5) is granted to allow a maximum building height of 400 feet in lieu of 50 feet but, limited to 35 feet within 100 feet of residential. 3. Pain management clinics shall be prohibited. 4. All previous applicable BCC Conditions of Approval dated September 9, 2008, shall apply: a. This project shall comply with, adhere to, and not deviate from or otherwise conflict with any verbal or written promise or representation made by the applicant (or his or her authorized agent) to the Board of County Commissioners at the public hearing where this development was approved, where such promise or representation, whether oral or written, was relied upon by the Board in approving the development, could have reasonably been expected to have been relied upon by the Board in approving the development, or could have reasonably induced or otherwise influenced the Board to approve the development. For purposes of this condition, a "promise" or "representation" shall be deemed to have been made to the Board by the applicant (or his or her authorized agent) if it was expressly made to the Board at a public hearing where the development was considered or approved. b. Signage shall comply with the Master Sign Plan. Pole signs and new billboards shall be prohibited. A waiver from Section 31.5-67 (b) and (k) is granted to allow three ground signs a maximum of 30-feet in height. Prior to approval of any ground signs, the existing billboards shall be removed. c. In order to create a more cohesive development and to allow buildings to be adjoined, a waiver from Section 38-1272(a)(3) is granted to allow a a foot side setback from the internal property lines for attached buildings in lieu of the required 1a-foot internal side yard setback. d. In order to promote urban form, a waiver from Section 38-1272 (3) is granted to allow a 14-foot setback in lieu of the 30-foot requirement for Mandarin Road. 3
ORe Staff Report Orange County Planning Division Bee Hearing Date: May 14, 2013 5. All previous applicable BCC Conditions of Approval dated November 27, 2007, shall apply: a. No permanent school-aged children shall be generated as a result of any development on this Development Plan. Any proposal to add permanent school-aged children will be deemed a substantial change and shall require BCC approval. b. The developer shall obtain reclaimed water and wastewater service from Orange County Utilities. c. Master stormwater, wastewater and reclaim water plans including preliminary calculations shall be required to be submitted for review and approval prior to submission of construction plans. d. The stormwater management system shall be designed to retain the 100 year/24-hour storm event onsite, unless documentation with supporting calculations is submitted, which demonstrates that a positive outfall is available. If the applicant can show the existence of a positive outfall for the subject basin, then the developer shall comply with all applicable state and local stormwater requirements and regulations. An emergency high water relief outfall shall be provided to assure overflow does not cause flooding of surrounding areas. e. The Covenants, Conditions and Restrictions (CC&R's) shall include language that a 50 MGD wastewater plant is located on the east property boundary. f.
The following uses shall be prohibited; new and used vehicle lots, tattooing and piercing, pawn shops, labor pools, pay day loan type institutions, and outdoor storage of boats and recreational vehicles.
PREVIOUS BOARD OF COUNTY COMMISSIONERS ACTION (September 9, 2008) Upon a motion by Commissioner Russell and seconded by Commissioner Brummer, with all members voting "AYE", the Board made a finding of consistency with the Comprehensive Policy Plan; and further, approved the substantial change request by "Eric Lagassey of Kimley-Horn and Associates, Inc.", Pavilion at Sand Lake Planned Development (PD) Land Use Plan (LUP), to: 1) Grant a waiver from Section 38-1272(3) to allow a zero (0) foot side setback from the internal property lines for attached buildings in lieu of the required ten (10) foot internal side yard setback. 2) Grant a waiver from Section 38-1272(3)( d) to allow a fourteen (14) foot setback along Mandarin Drive in lieu of the required thirty (30) foot setback.
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ORC Staff Report Orange County Planning Division BCC Hearing Date: May 14, 2013 3) Grant a waiver from Section 31 .5-67(b) and (k) to allow three ground signs a maximum of thirty (30) feet in height in lieu of the maximum allowable of twelve (12) feet. 4) lVIodify Condition of Approval #11, from November 27, 2007 to read; at the time of platting, public road right-of-way for access to the potential school site shall be dedicated; which constitutes a substantial change to the development of the described property; subject to conditions.
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FUllJRE LAND USE MAP Request:
Substantial Change
Applicant:
Jay Jackson
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#6
S/T/R:
31/23/29
Tract Size:
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Interoffice Memorandum FLORIDA
May 2,2013 TO:
Mayor Teresa Jacobs
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Board of County Commissioners (BCC)
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FROM:
Alberto A. Vargas, MArch. Manager, Planning Division
THROUGH:
Jon V. Weiss, P.E., Director\\~ •
Community, Environmental, <\ryd Development Services Department
SUBJECT:
2013-1 Regular Cycle and Small Scale Development Comprehensive Plan
Amendments and Concurrent Substantial Change or Rezoning Requests
BCC Adoption Public Hearing
The 2013-1 Regular Cycle and Small Scale Development Comprehensive Plan amendments as well as concurrent substantial change or rezoning requests are scheduled for a BCC adoption public hearing on May 14, 2013. The Local Planning Agency (LPA) adoption public hearing was held on April 18, 2013. A binder containing the staff reports, including back-up material, has been provided under separate cover. The reports also are available under the Amendment Cycle section ofthe County's Comprehensive Planning webpage: http://www.orangecountyfl.net/PlanningDevelopment/ComprehensivePlanning.aspx. The 2013-1 Regular Cycle includes three privately initiated amendments located in Districts 1, 4, and 5, one (2013-1-A-l-1) that has a concurrent substantial change request with one waiver; one (2013-1-A-4-1) that has a concurrent rezoning with one waiver; and one (2013-1-A-5-1) was withdrawn by the applicant. It also includes eight staff initiated amendments, one of which (2013-1-B-CP-2) was postponed by staff. The 2013-1 Small Scale Development amendment includes five privately initiated amendments (located in Districts I, 2, 3 and 5), one of which (2013-1-5-1-1) has been postponed by the applicant. Three of the proposed amendments (2013-1-5-2-1, 2013-1-5-2-2 and 2013-1-5-3-1) have concurrent rezoning requests. The rezoning request for Amendment 2013-1-$-2-2 includes one restriction and two waivers. The Regular Cycle amendments have been reviewed by the Department of Economic Opportunity (DEO), as well as the other state and regional agencies. On March 25, 2013 the Planning Division received the Department of Economic Opportunity's comment letter, which did not contain any concerns about the proposed amendments. Pursuant to 163.3184, FS, the proposed amendments must be adopted within 180 days of the comment letter. The amendments are required to be evaluated in accordance with 163.3184(1)(b), FS, which defines {{in compliance" as consistent with the requirements of FS 163.3177 (required and optional elements of the comprehensive plan), 163.3178 (coastal management), 163.3180
2013-1 Amendment Cycle - BCC Adoption Public Hearing May 2,2013 Page 2 (concurrency), 163.3191 (evaluation and appraisal of the comprehensive plan), 163.3245 (sector plansL and 163.3248 (rural land stewardship areas) as well as with the appropriate strategic regional policy plan, with the principles for guiding development in designated areas of critical state concern, and with part III of Chapter 369, FS (Wekiva Parkway and Protection Act), where applicable. If the BCC adopts the proposed amendments, the Small Scale Development amendments will become effective 31 days after the public hearing, and the Regular Cycle amendments will become effective 31 days after DEO notifies .the County that the plan amendment package is complete. These amendments ~re expected to become effective in June 2013, so long as no challenges are brought forth for any of the amendments. Any questions concerning this document should be directed to Alberto A. Vargas, MArch. Manager, Planning Division at (407) 836-5354 or ALl:[email protected], or R. Wayne Bennett, Chief Planner, Comprehensive Planning Section, Planning Division, at (407) 836-5624 or [email protected], AAVjbdd Enc:
2013-1 Regular Cycle and Small Scale BCC Adoption Binder
c:
Christopher R. Testerman, AICP, Assistant County Administrator Joel Prinsell, Deputy County Attorney Vivien Monaco, Assistant County Attorney John Smogor, Planning Administrator, Planning Division R. Wayne Bennett, Chief Planner, Planning Division Read file
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