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HomeMy WebLinkAbout1998 10 26 Consent Item A COMMISSION AGENDA ITEM A Consent xx Information Public Hearing Regula r October 26, 1998 Meeting MG~;l, REQUEST: The Community Development Department, Land Development Division, presents to the City Commission, the recommendation of the Planning and Zoning Board as it relates to the Preliminary Engineering/Final Development Plan for Golfside Villas. PURPOSE: The purpose of this agenda item is for the City Commission to consider the Planning and Zoning Board's recommendation on the Preliminary Engineering /Final Development Plan for Golfside Villas. This project is located in the Highlands PUD, west of Sheoah Boulevard and to the immediate west of Seville on the Green complex. This project is surrounded by Winter Springs Gold Course on three (3) stdes and will have twenty (20) units on approximately 2.7 acres. APPLICABLE CODE: Section 20-355(10) Planning and zoning board review: The planning and zoning board shall review the final development plan and the staff recommendations. The board shall then either recommend approval, approval with modifications, or denial of the plan to the city, stating their reasons for such action. Section 20-357. Final development plan. The final development plan, which may include all or a part of the preliminary development plan, shall consist of properly identified exhibits and supporting materials, and shall include the following: October 26, 1998 Consent Agenda Item A Page 2 (1) Identification of the present owners and developers of all land included in the development. (2) Identification of all consultants involved in the preparation of the final development plan. (3) A location map indicating the relationship between the area proposed for final development, the remainder of the area within the approved preliminary development plan, and the surrounding area. (4) Boundary survey, legal description, and gross acreage of the area submitted for approval. (5) A preliminary subdivision plan (preliminary plat), if the applicant proposes to create three (3) or more parcels. (6) A plot plan with scaled dimensions including, but not limited to the following: a. The name, location, right-of-way width, and width of pavement of proposed streets, easements, pedestrian ways, bicycle paths, and watercourses. b. The name, location, width and design of existing streets, including abutting arterials within two hundred (200) feet ofthe subject property. c. The locations, dimensions and uses of all buildings and structures, including proposed property lines, utility plants and permanent signs. d. Open and covered off-street parking areas, including landscaping and external lighting systems. e. Distance of dwelling units from vehicular accessways and parking areas. f. Walls, fencing or landscaping between private and common areas, along streets and highways, drainage ways, railroads, and the perimeters of the development. g. Refuse storage areas and method of solid waste disposal. October 26, 1998 Consent Agenda Item A Page 3 h. Areas to be conveyed or dedicated and improved for roadways, parks, playgrounds, school sites, utilities, and other similar public or semipublic uses. i. The number and type of permanent or transient dwelling units; the floor area ratio of commercial and/or industrial uses; density by number of dwelling units per gross residential building type; minimum setbacks and building separations; maximum lot coverage; minimum floor elevation; and height of structures. (7) A general landscaping and tree planting plan indicating areas of vegetation to be preserved and the proposed method of preservation, in addition to proposed irrigation systems and landscaping materials. (8) Design elevations and/or renderings of all proposed buildings or structures. (9) Total acreage and types of open space and recreation. (10) Specific recreational facilities and improvements. (11) Preliminary engineering plans for roads, water, fire protection, sanitary sewer, and stormwater management systems including existing ground surfaces and proposed elevations; typical cross-sections of proposed grading; streets and sidewalks; canals and waterways; and proposed types of pavement. All plans must be approved by the city engineer. (12) Covenants, conditions, restrictions, agreements and grants which govern the use, maintenance and continued protection of buildings, structures, landscaping, common open space, recreational areas and facilities within the development. Such documents shall indicate to the satisfaction of the city council an acceptable method of ensuring that all obligations and improvements designated in the final development plan can and shall be completed. Bonds or an escrow account may be necessary in order to satisfY this requirement. a. The covenants, conditions, restrictions, agreements or grants which govern the use, maintenance, and continued protection of buildings, structures, land- scaping, common open spaces, recreational areas and facilities within the development shall specifically include a detailed outline of the following: October 26, 1998 Consent Agenda Item A Page 4 1. Uses; 2. Building height limitations; 3. Building area limitations; 4. Front, rear and side yard setback criteria; 5. Lot area coverage; 6. Minimum living area; 7. Any other restrictions pertaining to buildings or building placement. Examples of such restrictions are "no garage entrance shall be located on the front street side of dwellings" or "all appurtenant buildings, swimming pools, screen enclosures, or other additions shall be at the rear of and within the (area) encompassed by a rearward extension of the sidelines of (the) primary dwelling;" 8. Off-street parking requirements, both enclosed and open, and authorized locations for same. A developer or owner of a planned unit development, as a condition to receive approval ofPUD zoning or approval of a preliminary final development plan shall agree as a condition thereof that these covenants conditions, restrictions, agreements or grants shall be enforceable by the city and that the city shall be a proper party plaintiff to enforce the same in law or equity in any court of competent jurisdiction. In addition, no permits shall be issued for buildings in a planned unit development that does not conform with the requirements above. b. In currently approved planned unit developments, the requirements of subsection (12)a. above which are contained in currently listed or subsequently revised covenants, conditions, restrictions, agreements or grants shall be enforceable by the city in law or equity in any court of competent jurisdiction. (13) All exhibits must indicate the title, name, graphic scale, and date of submittal and any subsequent revisions. (14) In order to protect the public interest, the planning and zoning board and/or the city commission may request any additional information deemed necessary for the decision-making process. Submittal of this additional information is at the option of the applicant, although failure to submit the requested information could result in the denial of the application. October 26, 1998 Consent Agenda Item A Page 5 CHRONOLOGY: September 18, 1996 - Pre-application Meeting with Staff October 2, 1996 - Conceptual Plan presented to Plannning and Zoning Board October 28, 1996 - Conceptual Plan presented to City Commission April 11, 1997 - Preliminary EngineeringlFinal Development Plan submitted February 2, 1998 - Revised Preliminary EngineeringlFinal Development Plan submitted August 25, 1998 - Staff Review Board convened September 2, 1998 - Preliminary EngineeringlFinal Development Plan presented to Planning and Zoning Board (Tabled for further information) October 7, 1998 - Preliminary EngineeringlFinal Development Plan presented to Planning and Zoning Board FINDINGS: 1) The Staffhas determined that the preliminary engineering plans meet all Code requirements with the exception of a legal interpretation requested by the Building Official (please see his memo attached to the minutes of the Staff Review Board). This interpretation will be addressed prior to final engineering approval. 2) The escrow assessment in favor of the Homeowners' Association upon their receiving control of the association is found in Section 5(a), Page 5 of the covenants. 3) The Planning and Zoning Board tabled this item at their meeting of September 2, 1998 wanting more information, namely the preliminary development plan for the Highlands PUD. This information was not in the City files nor was it in the Conklin, Porter and Holmes archives. Research at this time indicated that the Highlands PUD was never formally approved by ordinance. October 26, 1998 CONSENT AGENDA ITEM A Page 6 4) Part of the motion made at the October 7, 1998 Planning and Zoning Board meeting was that the Commission approve this as a PUD, subject to the review of the City Attorney 5) The Planning and Zoning Board, at their meeting of October 7, 1998, recommended that the project be favorably forwarded to the City Commission for their action. The Planning and Zoning Board also agreed to allow this project to be presented to the Commission prior to the approval of the October 7, 1998 minutes. RECOMMENDA TION: The Planning and Zoning Board, after review of Staff recommendations, recommended that the preliminary engineering/final development plan be favorably forwarded to the City Commission for action. The Board further recommended that, subject to the review of the City Attorney, the Commission formally approve the Highlands PUD. ATTACHMENTS: August 25, 1998 - Land Development Coordinator Minuites of Staff Review with attachment (Building Official Memo) September 29, 1998 - Land Development Memo to Planning and Zoning Board with attachments October 12, 1998 - Land Development Coordinator memo to City Attorney - Preliminary EngineeringlFinal Development Plan - Proposed Covenants (still under review) - Landscape Plan COMMISSION ACTION: August 25, 1998 To: City Manager Community Development Director Staff ~ Land Development Coordinator ~ From: Re: Staff Review Board Golfside Villas Preliminary Engineering The above referenced Staff Review Board convened on August 25, 1998 to consider the preliminary engineering for Golfside Villas. S. Greene and P. Cox represented the project. Staff members present were Carrington, Dallas, Houck, Jenkins, LeBlanc and Lockcuff. The Staff has determined that the project met all Code requirements. There is only one (1) issue to be settled (please refer to attached memo from Houck) and the City Attorney will review this and have his opinion prior to the approval of Final Engineering. Jenkins moved that the project be favorable forwarded to the Planning and Zoning Board for their action - seconded by Lockcuff. All voted aye. Memorandum August 25, 1998 To: Don leBlanc, land Development Coordinator From: Don Houck, Building Official Re: Golfside Villas Currently the City Attorney is reviewing the covenants, conditions and restrictions associated with Golfside Villas regarding the party wall that is bisected by the lot line of each unit. Since the wall is necessary to the structural integrity of each unit there is a question as to the rights of the owners in case of damage to the wall. Because each unit is sold as a single residence including its own platted lot it is required to be separated by a two (2) hour fire rated wall that continues to the underside of the roof deck. The roof deck is also to be protected for four (4) feet in width each side of the wall with non-combustible material or an 18" parapet extended through the roof. r October 12, 1998 To: Bob Guthrie, City Attorney ~ From: Don LeBlanc, Land Development Coordinator ~ Re: Planning and Zoning Board Motion Subj: Highlands PUD While doing research for the Planning and Zoning Board, it was discovered that there is no ordinance or any other such formal declaration approving the Highlands PUD. The PUD was under discussion in 1971. Board Member Fernandez wishes the City to formally approve the PUD, subject to your legal review. Attached is the Fernandez motion and the package given to the Planning and Zoning Board by this office for their October 7, 1998 meeting. .. PLANNING AND ZONING BOARDILP A OCTOBER 7, 1998 - REGULAR MEETING Motion by William Fernandez: "I'm going to recommend that we pass this, and I'm trying to find your recommendation, but anyway, favorably, to the City Commission and request that the City Attorney, in addition to reviewing the Covenants, Conditions and Restrictions, associated with Golfside Villas; also, review the history of the Highlands PUD together with the previous recommendation of the previous City Attorney, Gary Massey and his partner, our Circuit Judge; as to reaching an understanding and agreement with this Developer as to the Final Engineering Plans and the Final Development Plans. Based on the history that we do have that shows that at least, back in August of 1971, that the City accepted the request for a modification of a Development Plan of a Planned Unit Development, and therefore that the City should ratify and confirm or approve the Highlands PUD, together with the Golfside Villas, as a part of that Highlands PUD. I'm trying to accomplish or close a gap in our public records, that seems to indicate that the Highlands PUD, was not formally approved, at least, as written documentation would sustain. I think that this City has accepted that as a PUD, has even modified it, and I think the City ought to ratify that legally, and/or approve it, period. But I would make that subject to the City Attorney's recommendation as to the best way for the City Commission to proceed and let's get this project approved together with...1 think you were going to incorporate the planting the tree - the landscape. And Mr. Clinch, did you want to add anything about any of the other - are you satisfied with Mr. Cox's comments? [Board Member Clinch replied: Yes, I'm satisfied".] Ok, very good, then I recommend that. Looking for a second". Seconded by Carl Stephens. Discussion. Vote: Rosanne Karr: aye; Carl Stephens, Jr.: aye; Tom Brown: aye; Bill Fernandez: aye; Marc Clinch: aye. Motion passed. Motion by William Fernandez: "Mr. Chair, I'd make a Motion that we allow this matter to be presented to the City Commission without the formal approval of our minutes, at the next available City Commission meeting." Seconded by Rosanne Karr. Discussion. Vote: Carl Stephens, Jr.: aye; Marc Clinch: aye; Bill Fernandez: aye; Rosanne Karr: aye; Tom Brown: aye. Motion passed. DOCSlboards/planning/fy9798/misc/l00798motion.doc September 29, 1998 To: Planning and Zoning Board ..' /~ .: Land Development CbOrdjnator~ " From: Re: Golfside Villas Research of Files At the request of the Planning and Zoning Board, I have researched all the files as it relates to The Highlands Pun (formerly North Orlando Highlands PUD) and cannot find a preliminary plan or a master plan of the pun. I also requested the assistance of Conklin, Porter and Holmes (formerly Clark, Dietz and Associates). A search of their files was conducted and they were unable to find anything. I also attempted to research the Planning and Zoning Board Minutes for any information on this topic, but the earliest Planning and Zoning Board information that I. could locate was October 1975. It is known that Ordinance #56 enacted on March 12, 1971 established pun Zoning. It is also know that the City Commission was discussing the Highlands pun in that same time frame. It appears that the Council, at that time, approved the PUD. But I can find no supporting documentation (ordinance) to that effect. This was verified by City Attorney Gary Massey in a letter dated July 7, 1997 when there was a submittal for alteration to the PUD. In this regards, I searched the Planning and Zoning Board Minutes after the July 77 letter and could find no record of any data submitted to the Board as recommended by Massey. I enclose Commission Meeting Minutes and other documention from March 197 through August 27, 1971; undated document showing the platting of the first 5 sections of the PUD; Massey letter dated July 7, 1977; Commission Meeting Minutes dated October 28, 1996; SKR WMD Standard General Environmental Resource Permit Technical Staff Report (FAX date March 5, 1998); Zaudtke FAX dated September 21, 1998; and Grimms memo dated September 25, 1998. It is believed that there will be a landscape plan submitted to this office prior to the meeting. If time allows, it will be sent to your home. September 15, 1998 To: Charles Carrington, Community Development ~ From: Don LeBlanc, Land Development Coordinator Re: Request of Planning and Board Member Fernandez Golfside Villas I have researched the files and can find no Preliminary Plan, Master Plan or any such item. I have called Terry Zaudtke of Conklin, Porter and Holmes (formerly Clark, Dietz, and Associates) and asked him to research the archives to see if they have anything. I am awaiting a reply on this request. I also attempted to research the Planning and Zoning Board minutes for any information on this topic, but the earliest Planning and Zoning Board information I could find was October 1975. I have made copies of pertinent correspondence. It appears that the Council, at that time, approved the Highlands PUD, but I can find no ordinance changing the zoning or any other official document establishing the Highlands PUD. This was verified by City Attorney Gary Massey in a letter dated July 7, 1977 when there was a submittal for alteration to the PUD. In this regards, I searched the Planning and Zoning Board minutes after the July 77 letter and could find no record of any data submitted to the Planning and Zoning Board as recommended by Massey. Ordinance #56 enacted on March 12, 1971 established PUD Zoning. This correspondence is submitted for your information and I have highlighted the pertinent sections. e .' x: (. ;~ 1.--<--'( '. /':'~U~-I'76f ?~?h' , ' ~, J:/l-~tA./ ~-i!-c.'<', :L C ?;, FLORIDA LAND COMPANY ~ A SUBSIDIARY OF FLORIDA GAS COMPANY I POST OFFICE BOX 44 I WINTER PARK. FLORIDA 32789 I PHONE (305) 644-2210 March 25, 1971, Hon. Mayor Granville Brown & Village Council Village of North Orlando 1 North Fairfax Avenue North Orlando, Florida Re: PLANNED UNIT DEVELOPMENT NORTH ORLANDO HIGHLANDS Gentlemen: In accordance with Ordinance #56, we request zoning approval for our Planned Unit Development project to be located in the northwest portion of the Village of North Orlando. For your review, we enclose the follow- ing: a. A vicinity map showing the location of the proposed Planned Unit Development. b. A boundary survey and legal description of the property. c. A topographical survey of the area, along with an aerial photograph showing the vegetation cover and natural waterways. A soils survey of the entire project. d. A land use plan and preliminary development plan. e. Tables showing the acreage for each category of land use and maximum densities. f. Road construction cross sections to be utilized. g. A preliminary plan for sanitary sewerage collection system, water distribution system and storm drainage facilities. h. A statement describing the objectives of Florida Land Company and the sequence of development. Also included is an ex- planation of provisions for maintenance of common open spaces. i. A list of deviations from Subdivision Ordinance #50. . ." ...j ..tt, "J.Ll... Orlando Highlands - . I- .,/) " i.i.. A majority of the items have previously been submitted with our appli- cation and the Zoning Board of the Village of North Orlando has already had an opportunity to review all of the enclosed documents--except Item g., preliminary engineering plans. In view of the fact that your Zoning Board has completed their review of all items pertaining to zoning and has submitted their recommendation to the Council, we respectfully re- quest that you immediately advertise our zoning request for public hear- ing. We are providing the Village Engineer with copies of all preliminary engineering plans so that he can complete his review during the lS-day advertising period and submit his comments and recommendations to the Council prior to the date of public hearing. As you know, time is of the essence for Florida Land Company to proceed with this construction. Therefore, we would appreciate your handling the advertising for public hearing and review of engineering plans as outlined above. .,....... Very truly yours, J. Nolan Reed Director of Development JNR/mh -'cc: Robert N. Dosh B.C. Conklin , , ; ~~. ~,~ .! page 2 April 5, 1971, cont. A motion was made by Councilman Hurt to change the bank from South Seminole to 1st National Bank of Maitland. Seconded by Councilman Piland. Discussion. Motion carries. The vote was unanimous. ~~ motion was made by Councilman Hurt to have Mr. Brown, Mayor, negotiate the franchise agreement with ~lorida Power. Seconded by Councilman Kelley. Discussion. Motion carries. /8 i,e A motion was made by Councilman Fox to instruct the Attorney to draw up an ordinance to reimburse the Councilmen $25.00 per month and the Mayor $50.00 per month for expense reimbursement. Seconded by Councilman Hurt. Discussion. Motion carries. -I A motion was made by Councilman Fox to set up a Public Hearing on the ~ area that Florida Land Company has designated for a Planned Unit Development, for April 26 and if not possible then to set it up for May 3, 1971. Seconded by Councilman Hurt. Discussion. Motion carries. A motion was made by Councilman Rowell to accept the final plans' for North Orlando Townsites, 4th Addn., Unit 3, as per the letter of approval from the City Engineer, Cal Conklin, and Exhibit A. Seconded by W. R. Hurt. Discussion. Motion carries. A motion was made by Councilman Rowell to accept for maintenance all the roads completed in Unit 2, North Orlando Townsites, 4th Add., subject to the guarantee for faulty materials and workmanship per the Maintenance Bond, for a period of one year. Seconded by Councilman Fox. Discussion. Motion carries. ~ There was a short discussion of the Agreement of Mutual Assistance. North Orlando is awaiting a contract that is to be circulated among all four municipalities to be signed. Vote for Vice-Mayor: Four votes were received for Charles Rowell and one vote for Charles Kelley. Mr. Charles Rowell is Vice-Mayor. There was a short discussion of Ad Valorem Taxes. A motion was made by Councilman Fox to send a resolution to the President asking for clemency for Lt. Calley. Seconded by Charles Kelley. Discussion. Motion carries. A motion was made by Councilman Fox to adjourn the meeting. Seconded by Councilman Kelley. Discussion. Motion carries. Re spe ctfully submi tted, Approved: mtPu;; r ~. Mary T. Norton Village Clerk 4r~~MaYOr Granv r wn . .. ~he Workshop Session of the Village Council of the Village of North Orlando, Florida was called to order by Mayor Brown at 7:35 p.m. WORKSHOP SESSION VILLA GJE C OUN C IL VILLAGE OF NOR TH ORLANDO APRIL 26, 1971 A pledge of allegiance to the flag was led by Councilman Herbert Fox. Roll Call: Mayor, Granville Brown, present Vice-Mayor, Charles Rowell, present Attorney Thomas Freeman, present Councilmen: Troy Pil~nd"present W. R. Hurt, present Charles Kelley, present Herbert Fox, present Planned Unit Development: Mr. Mike Madaus of Clark, Dietz & Associates representing Mr. cal Conklin, City Engineer, spoke of their findings of the preliminary engineering plans presented to them from Florida Land Company for the development of the Planned Unit Development. From Florida Land Company's table showing the acreage for each category of land use and maximum densities for residential land uses, they show .a- maximum of five houses per acre, 107 acres with 709 detached units. Mr. Madaus would like more clarification on just what that means. The table shows 18~ for open syace which does not include the golf course. The ordinance requires 20%. Counting the golf course they would actually have about, 40~. '. ,. On road construction , Mr. Madaus said he needed -clari,fication where they plan to build the various roads, local streets and colle'ctor and arterial streets. They show type 1 asphalt on arterial streets and type 2 on collector and local streets. This is acceptable by the sub- division ordinance; however, Mr. Madaus feels type I asphalt throughout tvould make a better job. Mr. Madaus said more clarification was needed for the over all plans of the street widths, street construction and location of arterial, local~ and collector streets. No commer~ial is to be erected on this site. That was the end of: the discussion of: the Planned Unit Development. Mayor Brown thanked Mr. Madau s :for coming to our meeting. Mr. Rowell read the request for oxygen resuscitator and other equipment for the Police Department. It was suggested that a budget be made up for the police Department and studies made of future income before any further expenditures are made. Mayor Brown appointed a committee of Mr. Rowel~, Mr. Fox and Mr. Hurt to investigate the Fire Department, as to their income, debts, etc. and to report back to the Council of their findings. ~ '/ ......,(i' , '.:;. . ."\' ENGINEERS, INC. ()/ REPL Y TO: Post Office Drawer 1976 Sanford, Florida 32771 April 27, 1971 Phone 305-32-6841 Mr. Granville Brown, Mayor North Orlando I Fairfax North Orlando, Florida 32707 DEar Mayor Brown: RE: FLORIDA LAND COMPANY PUD OUR JOB NO. 6136.00 After discussions with the City Co~ncil last night with regard to the Florida Land Company's proposed PUD development in North Orlando, I went across the hall with Mr. Nolan Reed in order to mark up an overall plan to indicate where the various types of streets; that is, collector, arterial and minors would be constructed within the development. While in his office he indicated that they are making changes in this plan that was submitted and reviewed by us prior to last nights discussion which according to the PUD Ordinance could require additional hearings. The ordinance under Section 44.95, Sub-section 9 indicates that minor alterations or modifications may be made after review and approval. However, substantial changes require additional public hearings and approvals by the Council. I am not exactly sure what would constitute substantial changes thus requiring additional hearings. It appears though from discussions with Mr. Reed that they are reducing the single family dwelling areas, shifting around other areas; such as moving the elementary school to where the Garden Apartments are now planned, and con- structing other facilities in this proposed school area. In any event, Mr. Reed indicated that he would have by Friday a new revised plan for this area for our review and at that time we can give you some indication as the magnitude of these changes. My only purpose at this time in writing you is to let you know what I found out from discussions with Mr. Reed in order that you may be thinking about what course of action you may choose to take in lieu of these changes. Sincerely yours, CLAR~, DIETZ & ASSOCIATES, INC. /l ;: ,/1 f. /../) //1/1; <I, /\. ' v ~ ' I (! i. (' c't'('(.(,<- .. / RWM:mg PRI NC I PAL OFFI'CC);::: R. W. Madaus, P. E. 129]11 JOIt~1f.f~ACE STREET . URBAN A . ILL INO IS 6180 I . 217 - 367-6661 OTHER OFFICES IN: TENNESSEE, FLORIDA, INDIANA, MISSISSIPPI, MISSOURI, AND ILLINOIS A . 0 I V I S ION 0 F THE R I r. H A R n s n N r n ~A P A .. V ~ ~ , \ t I I i ~, el i.1 REGULAR SESSION VILLAGE COUNCIL VILLAGE OF NORTH ORLANDO MAY 3, 1971 The Regular Session of the Village Council of the Village of North Orlando, Florida was called to order by Mayor Brown at 7:50 p.m. A pledge of allegiance to the flag was led by Councilman Troy Pi Ian d . Roll Call: Mayor, Granville Brown, present Vice-''Mayor, Charles Rowell, present Attorney, Thomas Freeman, present Councilmen: Troy Piland, present w. R. Hurt, present Charles Kelley, present Herbert Fox, pbsent A motion was made by Councilman Piland to approve the minutes of the Regular Meeting of April 19, 1971. Seconded by Councilman Hurt. Discussion. Motion carries. A motion was made by Councilman Hurt to approve the minutes of the Workshop Session of April 26, 1971. Seconded by Councilman Rowell. Discussion. Motion carries. Mayor Brown recessed the meeting, and called the Public Hearing to order. Mr. Freeman, Attorney; read the application of the Notice to re- zone the area to Planned Unit Development. No one was present to speak against the Planned Unit Development. Public Hearing was adjourned. Mayor Brown called the Regular Session back to order. A motion was made by Councilman Hurt to pay the bills. Seconded by Troy Piland. Discussion. Motion carries. Finance & Election Report: Mayor Brown read the Finance Report due to Mr. Foxls absence. Finance Report, May 3, 1971: Balance, General Fund, March 31; 1971 Checks Drawn Deposit s Balance, General Fund, April 30, 1971 Road. & Bridge Checks Drawn Deposi ts Balance, Road 5,511.64 3,798.74 1,824.00 3,536.90 214.37 None None 214. 37 Fun d, Balan ce, March 31, 1971 & Bridge Fund 4/30/71 Building Fund: Certificate of Deposit 2,311.94 Mr. Piland had no report on Health & Recreation. ".J" >" ~. ~- \.- . e ~ ~., ..' ,'-':" 13 2- ~ .... 8 g -::l t . .' . . .M-e.-:f ......, con . /~. .;oad & Bridge Report, Mr. Hurt: To be taken up later on the agenda. e Zoning & Industrial Report, Mr. Kelley: ~o be taken up later on the agenda. Police & Fire Report, Mr. Rowell reporting: There was no Fire Department report. Mr. Rowell read the monthly Police Report. Mayor's Report, Granville Brown reporting: T Mayor Brown read letters of thanks from i1rs. George FaDller and the Piloian family. Mr. Rowell and Mayor Brown attended the CALNO MeetingiApril 27 at the Casselberry City Hall to discuss the feasibility study of the consolidation of Casselbery, Al tamonte Springs, Longwood and North Orlando. A tour of the Village was taken by Mayor Brown and CKouncilmen Fox, Kelley and Hurt, on Saturday May 1 to see what has to be done in our Village. June 5th has been proclaimed starting date of Clean-Up, Fix-up week and Mr. Piland will be in charge of this operation. No provision for transportation was made at the time of hiring the Ma.intenan ce Man, Stephen Kenneth, and something should be done about this. A motion was made by Councilman Rowell that they re-zone the property from R-U to Planned Unit Development in accordance with the preliminary plans submitted for the area. Seconded by Councilman Piland. Discussion. Motion carries. e- Mr. Jack B~mley was here to speak for Allen Pyle in regard to the propo sed .z:gJ~cre lake con struction. The Council showed their approval in regard to this, and the appropriate paperwork will be presented at a later date. A motion was made by Mr. Kelley that we accept the names of Etta Harville, Scott Scha~~er and George Beck ~or the Planning & Zoning ABoard. Seconded by Mr. Hurt. Discussion. Motion carries. Mr. Freeman read the second reading of Ordinance 57, Florida Power Ordinance, by title only. A motion was made byMr. Rowell to accept Ordinance 57 on the second reading. Seconded by Mr. Hurt. Discussion. Motion carries. Mr. Freeman read the third reading of Ordinance 57, by title only. A motion was made by Mr. Kelley to accept Ordinance 57 on the third reading. Seconded by Mr. Piland. Discussion. Motion carries. Mr. Freeman read the second reading of Ordinance 58, by title only. A motion was made by Mr. ROWell to accept Ordinance 58 on the second reading. Seconded ,by Mr. Hurt. Discussion. Motion carries. er .., ., ':E;.~e-3.3' cont. ~aY , .;;/ - .~ Mr. Freeman read the third reading of Ordinance 58 by title only. A motion was made by Mr. Kelley to accept Ordinance 58 on the third reading. Seconded, by Mr. Rowell. Discussion. Motion carries. A motion was made by Councilman Kelley that we remove Item 15 (Motion to approve or disapprove re-zoning 97) from the table for discussion. Seconded by Councilman Piland. Discussion. Motion carrie s. A motion was made by Mr. Rowell that we deny the request to re-zone the 87 acres and leave it zoned R-T. Seoonded by Mr. Kelley. Mr. Rowell voted yes, Mr. Kelley voted yes, Mr. Hurt voted yes and Mr. Piland voted no. Motion carries. A motion was made byMr. Rowell that the Mayor and Village Clerk inform the Board of County Commissioners of Seminole County that the Village has no objectiDn to the vacation of Clark Avenue. Seconded by Mr. Hurt. Discussion. Motion carries. A motion was made by Mr. Rowell that we take one-thousand dollars from the General Fund and put it into the Road & Bridge Fund. Seconded by Mr. Kelley. Discussion. Motion carries. A motion was made by Mr. Piland to authorize the Mayor to send two telegrams on the House and Senate Bills that we voted on, to inform the Orange-Seminole Delegation of our feelings. Seconded by Mr. Kelley. Discussion. Motion carries. e-" A motion was made byMr. Kelley to adjourn the meeting. Seconded by Mr. Hurt. Discussion. Motion carries. Respectfully submitted, ?J7~p?;~ Mary T. Norton, Village Clerk Approved: ~~aYor anv~ e ro . ~ FLORIDA LAND COMPANY ~ A SUBSIDIARY OF FLORIDA GAS COMPANY / POST OFFICE BOX 44/ WINTER PARK, FLORIDA 32789 / PHONE (305) 644-2210 June 30, 1971 Hon. Mayor & Village Council Village of North Orlando 1 North Fairfax Avenue North Orlando, Florida 32707 Re: PLANNED UNIT DEVELOPMENT NORTH ORLANDO HIGHLANDS Gent lemen: It is requested that we be permitted a few minutes of the Council's time at the next regularly scheduled meeting, which I understand is Tuesday, July 6. At that time, we would like to present a revised Land-Use Plan for the proposed Planned Unit Development project in North Orlando. The revisions have been brought about by the enlargement of the Golf Course Facility. The alterations remain well within the limits of the PUD Ordin- ance. We would like to have the approval of this Land-Use Plan before proceeding further with detailed engineering plans. We are mindful of the fact that final approval depends on the Village receiving detailed engineering plans. Very truly yours, ./' FLO,^L A LANDzcoMP'ANY ,/' / // . ItL 4'<'Z-- J. Nolan Reed Director of Development JNR/ mh cc: Robert N. Dosh Harold J. Murphy /P- ; I 'Ji.. .,-,,/L. 7/1/7/ '':.'f' . ..-' .11/I., . ~r.~. . ;.; . e , e - pag8 s" July ~ 1971 cont. Mayor f s Repor~fJfayor Brown reporting: Mr:'-boO Sh;::' daenoI---=th-:::':--S-ouTh"(3'rYl Be 11-0 omp any con t act e d Mr. Bro\-ll1 last week and stated there would be an increase in rates if it is approved. A letter was received in regard to TOPICS. A letter was received from Mr. Hall of Fla. Land Company regarding street lighting for North Orlando 'ferl"ace. Two names for the Zoning Board have been recommended, Mr. Ed Ferguson and Mr. Frank Sutera. Mayor Brown nominated Frank Sutera, Ed Ferguson, Scott Schaffer, Mr. Palmer and Mrs. Etta Harville to the Planning & Zoning Board effective July 1, 1971. A motion was made by Mr. and Jim Palmer for a two Mr. Frank Sutera and Mr. Planning & Zoning Board. carries. Fox to appoint Etta Harville, Scott Schaffar Y8ar term on the Planning & Zoning Board and Ed Ferguson for a ODe year term on th~ Seconded by Mr. Piland. Discussion. Motion A motion was made by Councilman Rowell to appoint Charles Kelley as Councilman. Seconded by Councilman Fox. Discussion. Motion carries. A motion was made by Councilman Rowell to appoint Councilman Kelley for a on0 year term on th0 Board of Adjustment, Wouncilman Fox for a two y"ar term on the Board of Adjustm.ent, and Councilm.an Piland for a three year term on the Board of Adjustment. Seconded by Councilman Hurt. DiscussioD. Motion carries. Mr. Rossman is to notify all r::sj_dents within 500 feC:':t of his property of his intention to put ~ trailer on his property. If there is no objection within a reasonable time, then the Board of A-djustment can grant the Variance. Mr. Charles Kelley was sworn in as Councilman by Attorney Thomas Fre eman . Florida Land Company presented a revised land-use plan of th2 P.U.D. area. Village Engineer, Cal Conklin, will have to be notified of these changes and he will have to give us his rscommendations. The Zoning & Planning Board will discuss these changes and notify the Council of their recommendations. A motion was made by Councilman Rowell to have the Zoning Board review the changes in th~ land-use plan and pass on their recommendation to the Council. Seconded by Councilman Hurt. Discussion. Motion carries. A motion was made by Councilman Fox to make Moss Road the center line str8st for issuing numbers east and west. Seconded by Councilman Hurt. Discussion. Motion carri~s. A motion was made by Councilman Fox that concrste poles be in- stalled and also ODe additional light be added to th0 park area of North Orlando Ter~ace, Unit 1, Sections One and Two. Seconded by Councilman Kelley. Discussion. Motion carries. FLORIDA LAND COMPANY ( ~ A SUBSIDIARY OF FLORIDA GAS COMPANY / POST OFFICE BOX 44 / WINTER PARK. FLORIDA 32789 / PHONE (305) 644-2210 Hon. Mayor & Village Council Village of North Orlando I North Fairfax Avenue North Orlando, Florida 32707 Re: NORTH ORLANDO HIGHLANDS REVISED LAND-USE PLAN Gentlemen: July 9, 1971 This is to advise you that we have submitted a map of the proposed rev~s~ons of the North Orlando Highlands Project to the Planning & Zoning Board. That map includes density calculations. Also, we have instructed our engineer to expedite completion of the revised preliminary engineering plans in accordance with Article 2, Paragraph G, of Ordinance #56. That revised master plan will be submitted directly to Mr. Cal Conklin. In the interest of time, werespectfully request that you consider having the Village Engineer conduct his review of the water, sewer and drainage prelim- inary plans during the time that our request is being advertised for public hearing. By doing so, the Village Engineer could submit his comments to the Council on the night of the public hearing. Please advise if additional information is needed for the approval of the revised development plan. JNR/mh cc: Robert N. Dosh Thomas G. Freeman, Atty. Kuhrt & Associates, Inc. R :;::~ . Nolan Reed Director of Development . . KUHRT AND ASSOCIATES, INC. CONSULTING ENGINEERS ; ,", ;.' .'i , FILE NO. 7060.1 ~ )' r WALTER H. KUHRT. JR.,P. E. PRESIDENT July 16, 1971 t(LEPHONE. (305) 647-4151 SUITE 201, 50400 DIPLOMAT CIRCLE ORLANDO, FLORIDA 32810 7. Clark, Dietz & Asscciates - Engincera, Inc. Post Office Drawer 1976 Sanford, Florida 3i771 i I >j Subject: t>1aster Pl.ans - North Orlando Highlands, village of North Orlando, Florida Gentle.'1len: Included herewith-are four (4) C09ies of each of drainage facilities, sanitary fiJcilities and water facilities Mtlster Plans for North Orlando Highlands, Village of .~:~h Orl~ndo, Florid",. It is anticiPated that the lakes will be used in the future for eV<lporc1tic.n- percolation of SO"'<1ge trecltr~cnt plant effluent. This p12.n \.dll be presented to the ,Department of Health nnd Florida Air and \'!otel." Pollution Control 130<:.\1.'0 for roview and approval of the concept: of design prior to the final design and conptruction stages. It is further anticipat~~ ~lat sane down-stream improv~ncn~s of existing ditches Inay be necessary. Such improvements would be incorporated into.. final design. Your review and approval of these Nasta:c Plans is rospectfully requasteCl. Kindly advise us if you need additional information ,regarding this project. . " Very truly yours, " , : l KUHRI' J...ND l\SSCCIA'l'SS, INC; ! [1 ~l' o-Vl.'h / John .IL/ goore, CI:."1.' [/ ....... I to .J. j~~P'~ JEM/jk cc: Mr...T. Nolan' Reed /' " . ,.. ---, (fl')), FiliGUL.,.\R SSSSION VILLAG!~ COUNCIL VILLAG~ OF NORTH ORLANDO JULY 19, 1971 :.','1\ 'J; 'l The Regular Session of the Village Council of the Village of North Orlando, Florida was called to order by Mayor Brown at 7:40 p.m. A Pledge of al'egiance to the flag was led by Councilman Piland. Roll .Call: Mayor Granville Brown, present Vice-Mayor, Charles Rowell, present Attorney, Thomas Freeman, present Councilmen: Charles Kelley, present Troy Piland, present Herbert Fox, present W. R. Hurt, present A motion was made by Councilman Fox to approve the minutes of July 6, 1971. Seconded by Councilman Piland. Discussion. Motion carries. A motion was made by Councilman Fox to approve the minutes of July 12, 1971. Seconded by Councilman Kelley. Discussion. Motion carries. A motion was made by Councilman Hurt to pay the bills. Seconded by Councilman Rowell. Discussion. Motion carri?s. Finance and Election Report, Mr. Fox reporting: The books were taken to the auditor's on July 13, 1971. As of that date the balance in the General Fund was $3,043.07. Balance in the Road & Bridge Fund was $1,205.72. The Building Fund Certificate of Deposit $2,311.94. ~ No report on Health & Recreation. Road and Bridge Repor~r. Hurt reporting: Allen Pyle gave an estimafe of $4,300.00 Tor dirt and grading the roads in the Ranchlands. A motion was made by Councilman Hurt to gi~8 the Mayor the power to purchase the truck at Ratliff's using the $400.00 we received for the sale of the GMC Dump Truck and financing the balance through thp bank. Seconded by Councilman Rowell. Discussion. Motion was tabled by Councilman Rowell, until the next regular session of August 2. Motion carries. Motion was tabled. Zoning & Industrial Re20rt, Mr. Kelley reporting: Recommendations receivea-Trom the Zoning Board as follows: The North Orlando Zoning and Planning Board recommends the revised PUD plan of the Florida Land Company as presented to the Council by Mr. Reed on July 6, 1971, with the following reservations: 1. A preliminary engineering plan providing for utilities including sanitary sewers, storm drainage and water supply be submitted to the Village Engineer on or before July 16,1971. 2. Due to the density of the PUD land use a collector stre~t should be added from Sheppard Road to SR 419 as shown by the red strip on Florida Land's last layout of PUD. This street connection would relieve heavy traffic from the Third Street ,eJ . . . / .. '/ /.. / ,41 .' , 1': a g'H 2 July 19, 1971 cont. Z 0 n TD'fC&-"lr.-du s 'Er Tal. --R e p 0 r' t , aedition and Sheppard cont. : Road past th~ school sits. .! }Vieadowlark Unit .pI pr~:liminary plans: The Board recommends that the property b~ chang':: d from R-lA to R-l as described to the Mayor in Mr. Cliff Jordan's letter of July 7, 1971 with the understanding that as many trees as possible will be retained for their natural growth. In addition PIor-ida Land Company will provide a gresn belt on the adjoining comm2rcial property. Mr. Kelley suggested several other changes should be made, and these suggestions will be given to the Zoning & Planning Board, regarding the zoning of Jack's Mini Mart to C-l, minimum living area for R-l, and the boundaries for R-l zoning. Poli~~ & F.:ire ReJ??r~ M~..:. Ro~~l~ .feport~ng:. . F. Scott Kenneth lS actlng Ch~o~Pollce whlle Chlef Bachelor is away on reserve training. One Port-O-Matic Oxygen Unit was presented to the Council for their review. A motion was made by Councilman Rowell to purchase this unit in the amount of $69.95. Seconded by Councilman Kelley. Discussion. Motion carries. " Mayor's Report, Mayor Brown reportinE: Nayor-Brown read 1lie1.eTIeroI'Acceptancc of the Florida Power Corp. of Ordinance No. 57 as follows: "Gentlemen: The undersigned Florida Power Corp. hereby accepts the above-mBntion~d franchise and each of the terms thereof. Kindly file this acceptance in the minute book of the Village of North Orlando so that it may be a matter of record along with the said Franchise Oreinance No. 57. SignGd John E. Gleason, Vice-President. Attest: Betty N. Clayton, Ass t. Se c . " At last 1Yionday night's Council Ne3ting permission to use Casselberry's jail' $5.00 per day. North Orlando will pay the jail is full, we cannot use it. Nerth Orlando received Five prisoners per month at the liability insurance. If A motion was made by Councilman Fox to givs the Mayor the authority to enter into an agreement with the City of Casselb8rry for the use of their jail. Seconded by Councilman Hurt. Discussion. Motion carries. There will be a CALNO Meeting vJednesday evening at 7: 30 p.m., July 28 at the Casselberry City Hall. Florida Land Company: P.U.D. Revised Land-Use Plan: A motion was mac1e by Councilman for Florida Land Company on thG on the 16th of August at 7 p.m. Motion carrie s. Kelley to set up a public hearing revised land-use plan for the P.U.D. Seconded by Councilman Hurt. Discussion. .- ( FLORIDA LAND COMPANY ~ A SUBSIDIARY OF FLORIDA GAS COMPANY / POST OFFICE BOX 44 I WINTER PARK, FLORIDA 32789 / PHONE (305) 644-2210 July 27, 1971 Hon. Mayor & Village Council Village of North Orlando 1 North Fairfax Avenue North Orlando, Florida 32707 Re: NORTH ORLANDO HIGHLANDS Gentlemen: In accordance with instructions issued by the North Orlando Planning & Zoning Board, our engineer submitted four copies of revised master plans for the drain- age facilities, sanitary sewerage facilities and water facilities in the above ,referenced project. These plans were completed on July 16 and hand carried to Mr. Conklin on the morning of July 19. We respectfully request that Mr. Conklin be authorized to review the revised preliminary plans during the time the revised zoning request is being adver- tised for public hearing. Kindly advise if you need additional information regarding this project. Very truly yours, FLORIDA LAN~ (J .d~ . 'vC J. Nolan Reed ' Director of Development JNR/mh cc: Mr. Cal Conklin Walter H. Kuhrt, Jr. ~d!- 1/~.o/7/ I- !e (_I - WORKSHOP SESSION VILLAGE COUNCIL VILLAGE OF NORTH ORLANDO AUGUST 9, 1971 The Workshop Session of August 9, 1971 of the Village Council of the Village of North Orlando, Florida was called to order by Mayor Brown at 7:32 p.m. A pledge of allegiance to the flag was led by Mayor Brown. Roll Call: Mayor Granville Brown, present Vice-Mayor, Charles Rowell, present Attorney, Thomas Freeman, present Coun c iImen : Troy Piland, present Winton Hurt, present Charles Kelley, present Herbert Fox, present -. Revised Land Use Plan of P.U.D.: A few complaints have been received about the increased traffic on Third Street, due to this revised plan. If another opening could be cut through across the golf course, from the arterial road on the west side across the golf course to tie with the arterial road on the east side, this would alleviate the traffic somewhat. The Public Hearing will be next Monday, August 16th. Mr. Hague, North Orlando General Store: Mr. Hagpe said a ceiling should be put on the utility tax. His light bill runs between $200 and $300 per month, which would be about $24.00 per month utility tax which he claimed was qu~te high. Mr. Hague was told to compare the taxes other merchants must pay in other locations, and he would see that North Orlando taxes are not too high. The taxes are going to improve police and fire protection. Mr. Hague was reminded ot the protection he is getting and he then agreed. that this tax was well worth it. He then said his questions had been answered and he was satisfied. Truck for the Village: The councilmen had checked. various trucks and. cii'fer8nt. 'Or-iCB. 11l1is is to be discussed at our next meeting. . Annual Florida League Convention: This year the Conv-::mtioD 1,;111 be at 3t. Petersburg OctQ 21.,., 25 and 26th. Eayoy' BrO\.J"r. 1v-ill attend the entire convention and Attorney Thomas Freeman will attend Sunday's meetings. North Orlando Terraces - Section 1 and 2: Cal Conklin, engineer for the Village and engineers for Florida Land Company met with the Zoning Board last Thursday evening to discuss the North Orlando Terrace. The Zoning Board will forward their recommenda- tions to the Council at the next meeting. . ------=-, e - 'I (- - , REGULAR S'ESSION VILLAGE COUNCIL VILLAGE OF NORTH ORLANDO AUGUST 16, 1971 The RegQlar Session of August 16, 1971, of the Village Council of the Village of North Orlando, Florida was called to order by Mayor Brown at 7:05 p.m. A pledge of allegiance to the flag was led by Councilman Piland. Roll Call: Mayor Granville Brown, present Vice-Mayor, Charles Rowell, present Attorney, Thomas Freeman, present Councilmen: Troy Piland, present . Winton Hurt, present Charles Kelley, absent Herbert Fox, present Mayor Brown recessed the Council Meeting and opened the public hearing. The two hearings were a request from Florida Land Company for a modification of the developmental plan of Planned Unit Development and a change of zoning request from R-lA to R-l by Mr. Clifford Jordan. Mrs. Wanda Sasser and Mrs. Baker asked questions as to the change of zoning request of Mr. Jordan. It was explained the change would lower the living space area from 1100 sq. feet to 950 sq. feet, and the smallest house to be built will be about 1050 sq. ft. and will sell for about $17,100. They will be 235 homes. Marie Winward, 50 S. Devon Avenue, complained of a hole in the street in front of her house, and Mayor Brown assured her this would be repaired. Mayor Brown recessed the public hearing, and called the Council Meeting back to order. Mr. Chuck Bose, of the Seminole Fire Equipment Company in Sanford was here to speak of a fire truck that he had located. It is a 1947 Dodge, very good condition and it costs $1,500. Mayor Brown said he would like the Council to authorize the f'ire chief', Allen Cronk, and Mr. Bose to be allowed to check out this fire truck and if it is acceptable to them, then be allowed to purchase it, by placing a deposit of $100.00. And an allowance of $25.00 be given to Mr. Cronk and Mr. Bose to go up and come back. A motion was made by Councilman Fox that Allen Cronk and Chuck Bose be instructed to check out this 1947 Dodge Fire Truck, for a sum of $1,500.00, and if it meets with their approval they will make a deposit of $100.00, and the Village will reimburse them for expenses up to $25.00. Seconded by Councilman Rowell. Discussion. Motion carries. ThE; Council Meeting was rece ssed and the public hearing was reopened. .'.~ .it _______ p e. ge 3 August 16, 1971, cont. No zoning and industrial report due to Mr. Kelley's absence. . - -) ., police & Fire Report, Mr. Rowell reporting: Th,,; police.1. car has been out of commission this past week and patrolman Kenneth and police Chief Bachelor hav8 been using their personal cars for surveillance. The Mayor recessed the Council Meeting and called the Public Hearing back to order. ThBre was discussion of the roads in the P.U.D. The Public Hearing was closed at 8:40 p.m. A motion was made by Councilman Rowell that we accept the request for modification of the developmental plan of Planned Unit Development for Florida Land Company. Seconded by Councilman Fox. Discussion. Motion carries. A motion was made by Councilman Rowell that we accept the change of zoning request from R 1A to R-l from Mr. Clifford Jordan. Seconded by Councilman Hurt. Discussion. Motion carries. Mayor's Report, Mayor Brown repDrting: 1-1ayor Brown read the letter from Bill Goodman which was attached to a preliminary petition for annexation of Winter Springs to the Village of North Orlando. Mayor Brown said this petition would_ have to be studied by the Councilman to see if they agree to the annexation or disagree. Mr. Goodman's representatives will be hsre Monday night, and this will be discussed at that t~e. Mayor Brown attended a breakfast given by the Rotary Club and a check was given to the Seminole Youth Center. Mayor Brown has been invi ted to a luncheon to be given by the Kiwani s at the Ci vi c Center'; Mayor Langford will be the guest speaker. Ken Dyar said the light pole in the maintenance area should be up this week. A motion was made by Councilman Rowell that we buy the truck at Ratliff's for $1,200. Seconded by Councilman Hurt. Due to a tie vote, Mayor Brown voted no, and the motion was denied. A motion was made by Councilman Hurt that we give Mayor Brown authority to buy the 1966 Chevrolet 3/4 ton pick up truck from Endicott Buick for $1,350. Seconded by Councilman Rowell. Discussion. Due to a tie vote, Mayor Brown voted yes. Motion carried. A motion was made by Counci~man Rowell that we accept the final plans of North Orlando Terrace, Section One and Two. Seconded by Councilman Hurt. Discussion. Motion carries. .- <~!.' ... '"""!;~""'" ." C LA R K, DIE TZ, AND AS SR~!'T E S ~~Au7h~:I-5S~ vn~uu-vt-'U'7f. J\H t1' 1,. ...d!7 ENGINEERS, INC. August 27, 1971 REPLY TO: POST OFFICE DRAWER 1976 SANFORD, FLORIDA 32771 PHONE: 305-322-68~1 Honorable Granville Brown, Mayor, and Village Council Village of North Orlando. 1 Fairfax Avenue North Orlando, Florida 32707 Refere~ce: Planned Unit Development, North Orlando Highlands Our Job No. 6136.00 Gentlemen: Today we reviewed the preliminary drainage, sewage, and water plans for conceptual approval with Mr. Reed, of Florida Land Company, and Mr. Moore, from Kuhrt and Associates, Inc. _In concept, the plans and their answers to our questions and_ suggestions on certain points are satisfactory at this stage of the project. They agreed that further field study of the drainage within and around the development is necessary in the progress of their final engineering plans. Some of these studies are now under way. The suggestion that the sewerage effluent be confined in a small separate lake from the drainage water storage lake was well received (Item 9). This would allow better control of the irrigation supply water for the golf course, and also allow recreational use of the drainage water lake. If outflow was necessary from the drainage lake during high water periods, it would not contain the nutrient load from the 'sewerage plant. They indicated that in addition to our attached remarks, the ground water in the golf course would be monitored through test wells, so as to check the effects of the irrigation water. Sincerely yours, CLA~K, DIETZ & ASSOCIATES, INC. ./ / - .', - ' ,;)//.?l C-L/-t:/L:.~. j/{ /YifIt-J'kP.'o William R. Holmes, P.E. WRH:gmm Attachment cc: Mr. J. Nolan Reed Florida Land Co. PRINCIPAL OFFICE: 21\ NORTH RACE STREET' URBANA' ILLINOIS 61801 . 217 - 367-6661 OTHER OFFICES IN: TENNESSEE, FLORIDA, INDIANA, MrSSISSIPPI, MISSOURI, AND ILLINOIS A o I V I S o N o F THE R C H A R 0 SON COMPANY August 27, 1971 NORTH ORLANDO HIGHLANDS, PUD Our Job No. 6136.00 The following questions and/or comments are to be raised in connection with our review of the preliminary plans of the sewage, water and drainage systems for North Orlando Highlands, PUD. A design topo was not available during preliminary planning which would allow detailed evaluation of the drainage plans, and we, therefore, suggest the development of this portion of the final plans be coordinated with us as it proceeds. Some points we did arrive at during preliminary check are: (Answers to questions) 1. The 100 acre water shed of the proposed lake seemed low, as it does not include the golf course, or other down stream contributions of the development, such as across the road, and from the power easement to the west. (Will check when data is available). 2. The 42" pipe entering the lake should be checked for possible enlargement. It was difficult to determine the actual water shed area flowing into this pipe, but by an estimate of the topo and indicated road drainage patters, there was a question as to whether it was of adequate size. (Will check during final design.) 3. Will the drain pipe and inlets be added to the north of the box culvert on the west side of the development? This is to the area directly north of the lake, entering the main drainage way through the development. (If indicated in final design.) 4. The pipe to the existing culvert on Edgemon Avenue is possibly too small, and the Edgemon culvert should also be checked. (Study underway). S. We do not have a list showing the total number of units expected on this development, allowing us to calculate sewage flow into the lake. (Answer 1800). 6. Are the various sections, such as garden apartments and patio homes, to be sold? If so, what provisions are to be made in the final for the sewage lines into these areas, or will they possibly have to use lift stations? We note, also, that sewage lines in the lower southeast corner, which are single family detached dwellings, are not put on the sanitary portion of the plan. This may have just ben an omission, and may not be of any consequence. (Patio homes to have granted R.O.W. for access and utilities similiar to the single family dwellings. Apartments will be in private owned areas.) I 7. There seems to be a need for more fire hydrants, for example, near the entrance to cul-de-sac, or in areas which will place the hydrants not more than 500 feet from the most distant house as measured along the street, or 1,000 feet between hydrants on through streets. I believe this point has already been mentioned at a previous conference with the developer and their engineer. (Yes) . 8. We suggest re-evaluation of the water treatment site, as it may not be the best location since it is on a slope going down into the main drainage area, and is fairly close to the sewage lift station. A higher ground location would probably insure a better well, and more favorably accepted by the State Board of Health if this approval has not been obtained at this time. (Will study). 9. In considering the use of the proposed lake for storage of drainage water and sewage effluent, a couple of points come to mind. If the sewage effluent could be, placed in a separate storage lake of relatively small size, allowing the drainage water to flow through the larger lake systemand on out after it reached a certain level, we would eliminate the possibility of having a large flow of nutrified water going on out through the water shed, and if the water contained in its own storage basin would be used for irrigation purposes, and would be higher in nutrient content than if it was allowed to dilute itself in the large drainage lake. The small effluent storage lake of 3-4 acres in size could be formed during initial construction by leaving a lOO-foot dike N. of the proposed sewage plant outfall in the proposed lake, and by piping or channeling from the lower lake to the upper lake around this area. A gated culvert could probably be placed near the bridge area, between the proposed ,upper and lower lake, and this could be used to add water to the effluent pond, if the pond level got too low for irrigation purposes. We would also suggest, in relation to the design of the drainage water lake, that percolation tests be made in this vicinity to see what type of overflow you will have through the sand in the bottom of the lake. It may turn out that it is rather difficult to maintain a body of water at the elevation 45, as proposed in the plan. This would cause some difficulty in using this type of water storage for irrigation purposes. It might necessitate consideration of some type of a sealant for the lake's bottom, during the initial stages of construction, and not after it is found that the water will not stay at a desired level. If it is found that nutrient removal is desirable at a later time, then the removal process would be better per- formed on a more concentrated body of water than large body of water, such as would be in the 28 acre drainage water lake. t It would also be easier to maintain a desired level from an irrigation pumping standpoint during periods of dry weather, or low rainfall, than it would be if we had to apread the sewage effluent water over the whole 28 acres, and thereby, probably exposing the suction lines on any irrigation pumps, and so forth. (Concept to be considered. Borings and percolation tests underway.) (- (II S. W. Sohngen, Jr.m Esquire Mr. Frank Krafsig Page Two a plat thereof bearing the dedication execution by the developers...and the approval of the governing body has been secured and recorded in compliance with this chapter, all streets, alleys, easements, rights-of-way and public areas shown on such plat, unless otherwise stated, shall be deemed to have been dedi- cated to the publ ic for the uses and purposes thereon stated." Plats for Sections 1, 2, 3, 4, and 5 of The Highlands have been approved by the City of Winter Springs and recorded in the Public Records of Seminole County as follows: APPROVED RECORDED IN SEMINOLE COUNTY BY CITY OF SECTION WINTER SpRINGS PLAT BOOK PAGE DATE 1 Apr. 30, 1973 18 95,96 6/28/73 2 July 24, 1972 17 47 8/7 /72 3 July 24, 1972 17 48,49 8/7/72 4 Dec. 5, 1973 19 44 2/11/74 5 Dec. 5, 1973 19 45 2/11/74 Accordingly, the streets designated on those plats have been legally dedicated to the public. Very truly yours, Newman D. Brock City Attorney City of Winter Springs / .--- ....- . .,. - . BROCK, MASSEY, WALDEN & BAUM ATTORNEYS AND COUNSELLORS AT LAw Wl'NTER PARK FEDERAL BUILDING 355 EAST SE!ofOHAN B01JLEVA1<D ALTAMONTE SPRINGS, FLORIDA 32701 TELEPHONE (305) 834 - 6111 NEWMAN D. BROCK PERSO:>lAI. INJURY AND WRONGFUL DEATH CRIMINAL l...A.W TRIAL PRACTlCE FRANKLIN T. WALDEN CRIMINAL LAW TRIAL PRACTICE .JOHN V. BAUM GARY E. MASSEY CORPORATION AND BUSINESS LAW ESTArE PLANNING AND ADMINISTRAXlON FAMILY LAW PERSONAL mJURY A..""ln W'BONOPUL DEATH .' , WORK.MEN'S COMPEl'l~O?, \ I, . TRIAL PRACTICE .' .( \." 'J i '. /, ., .:.-) .'-:"'l I .:' n " . cY 1 ..: p6 ~ f .,'It, ~ '2'.' \~S~\t1;t. ~J~ 111':, ,,', , \(~ ;'11 ,\\ ~\)..) '. ",a July 7, 1977 " '. : . ~ , The Planning and Zoning Board City of Winter Springs 102 North Moss Road Winter Springs, Florida 32707 RE: Florida Land Co.'s request for final approval - Highlands Planned Unit Development Dear Mayor and Council: I have reviewed the letters from Warren Williams as well as documents from Florida Land Company regarding the Highlands planned unit development. After this review, I am of the opinion that the Planning and Zoning Board, as well as the Council, can give final land development approval for the Highlands planned unit development. However, the records of the City do not indicate that the planned unit development was ever approved. I am not certain whether this is an error in the records or whether there was actually no vote taken on the. approval; however, the City has for some time been under the assumption that there was approval for the development and I feel that in fairness to the Florida Land Company we must so consider it at this time. Prior to approval going into effect for the final development plan they have submitted, I feel it would be in- cumbent upon the Planning and Zoning Board to request and to receive all data that should have been presented to the City to receive a preliminary development plan approval. If you decide to approve a final development plan, approve it subject to Florida Land Company presenting the above-stated data. The records of the City are also lacking the data which would normally be submitted for preliminary development plan approval. . .,,' :",,(., ',:t,; ___..... :' ~._---.,,__._., _......____......;.._.__--:_-;:...c~=_r_-_~_:..:=..:~....;....____'...:.:..~..:-. . .:.,-.- (. (. Planning and Zoning Board city of Winter Springs Page 2 July 7, 1977 If there are any questions regarding this matter, please do not hesitate to contact my office. GEM/Cp G yours, .IL~ ,,' \. ' 1/ Y , ~1 ,. ././ , 'w\ ,/:,'.;' ..', . ," I< .. ", ,.. I .... '\ \ '. .' I ;1' ~ ' ' cc: Mayor Troy Piland City Council, Winter Springs \varren Williams Wesley Hopkins BROCK, MASSEY, '\VALDEN & BAU~I ArrORNEY$ AND COUNSELLORS AT LAw WINTER PARK FEDERAL BUILDINO,3:i0 EAST SEMORAN BOULEVARD, A=AMONTE SPRDl'OS, J!'LORIDA 32701 (300) S34-SU1 ,.... ._-- --.~.=--~------:-.--.., . '...:.-,,,;",": ", ',' # ~: ",.~ ..... " , " Re1wlar Meetine: City Commission October 28. 1996 96-97-02 Pae:e 3 stated no..- Commissioner Ferring said with regard to Item E, will this cost the City any money. Mr. LeBlanc stated it will not cost the City any money. Motion was made by Commissioner LangelloUi to approve the Consent Agenda. Seconded by Commissioner Genilell. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. INFORMATIONAL AGENDA Land Management Department A. Presents for informational purposes, the conceptual plan for Courside Villas. PURPOSE: To inform the Commission of the proposed plans to develop that property located to the immediate west of Seville on the Green Apartments off Sheoah Boulevard within the Highlands Planned Unit Development (PUD). -This property is surrounded on the remaining three (3) sides by the Winter Springs Golf Course. ACTION: Motion was made by Commissioner LangelloUi to approve the Informational Agenda. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner; McLeod: aye; Commissioner Ferring: aye. Motion passes. REGULAR AGENDA Land Management Department A. Requesting Commission approval of the Preliminary EngineeringlFinal Development Plan for Tuscawilla Tract 15, Parcel 3. Further, the developer has requested, and the Planning and Zoning Board has recommended approval for a reduction in density from five hundred four (504) multi- family units to eighty (80) single family units. PURPOSE: to approve the Preliminary EngineeringIFinal Development Plan for Tuscawilla Tract 15, Parcel 3. In conjunction with this action, the developer has requested a reduction in density from five hundred four (504) multi-family units to eighty (80) single family units. Approval action will allow the developer to proceed with the next stage of the review process, Final Engineering. The subject property is located to the immediate east of Howell Creek. south of S.R. 434. and north of Howell Creek Reserve subdivision: Me LeBlanc gave his presentation. Mr. LeBlanc stated that Mr. Ray Bradick, of Boyer Singleton and Mr. Rob Yeager, owner of the property, and Mr. Mike Jones, Attorney for the owner are present for any questions. Mr. Jones stated that there has not been a formal request for the number of units, just a request for a reduction in density. Mr. Jones said the conservation easement property has been dedicated by the St. John's River Water Management District as a conservation easement for private use only; which means it belongs to the St. John's River Water Management District and we couldn't give it to the City if we wanted to. ST JOHNS WRTER ORL TEL:407-897-4354 Ivlar 05' 98 ( 16:34 No.DlD PoOl i' ~""'- -I!~ Received: 8/18/97 21st Day: 12/4/97 28th Day: 12/11/97 STANDAlU) Gl!:NERAL ENVrRONMENTAL RESQURCE PERMIT TEcmn:CAI, STAFF REPORT General Permit App1ication Number: 40-117-0456A-ERP PRO.1ECT NAME: Golfside Villas Applicant: Golfside Villas 861 W. Morse Blvd. , Suite 250 Winter Park FI 32789 Consultant(s): Richardson Engineering Mr. Patrick Cox Mr. Richard Richardson 131 Zelma Street Orlando R 32803 Phone # Agent: N/ A Fax!! ;../v Fax II Section: 33 Acres Owned: 5 . 57 Township: . 20 S Project Acreage: 5.57 Range: 30 E MSSW/ERP Authority: 373 F.S.; 40C-4.041(2) (b)8 and 40C-40 F.A.C. Existing Land Use: Forested uplands and surface water impoundment Hydro1ogic Basin ( s) : ( 4C) . Recei.ving Water. Body: Lake Jesup .' Class: III Easements/Restrictions: None required. Operation &: Maintenl:tD.ce Entity: Applicant O&.M Documents Submitted and Reviewed Correot Fee SUbmitted Y[8J Y[8J NO NO N/A 0 N/A 0 ST JOHNS WATER ORL -. . TEl '107-897-4354 "I t; Ivlar roC' 98 16:35 No.010 P.02 . HSSW IERP AU'l'HORIZATION STATEME!lT r A permit authorizing: [] Alteration [] Operation o Re- Is.suance 0 Removal ~ Construction & Operation [] Maintenance [] Modification [] Abandonment [] Modification & Operation of a surface water management system to be known as Golfside-villas. The system consists of a 5.57-acre mUlti-family residential development and the associated surface water management system (One wet-detention pond) . . , TYPE OF DEVELOPMENT: (Check all applicable) ~'Residential - [] Single (1) ~ Multifamily(2) [] Recreational(3} [] Commercial (4) o Industrial {5} [] Agricultural (6) (] Institutional(?) o Roadway ( 8) o Other ( 9) : TYPE OF TREATMENT PROPOSE~ (Check all applicable) [] Retention (1) [] Dry Detention w/Underdrain (2) [] Dry Detention w/Filtration (3) [J Wet Detention w/Filtration (4) [J Exfiltration Trench (5) ~ Wet Detention System (6) o Swales (7) [] Swale with Ditch Block (8) [] Pervious Concrete (9) o Wetlands (10 ) o Alternative (11) o Other (12): o Dry Detention (13) LOCATION OF SYSTEM: The site of the proposed development is located on the east side of U.S. 17/92 and on the north side of State Road 434, in Winter Springs, Florida. I I ENGnilEERJ:NG REVJ:,EW: Pre/Post Peak Rate Attenuation Provided y [] N 0 1:J/A t8l Pre/Post Volume Attenuation Provided y ~ N 0 N/A 0 Mean Annual Stor.m Attenuation Provided y 0 N 0 N/A 18I Recovery Of Water Quality Volume Within Required Time Y[8J N 0 Recovery Of Peak Attenuation Volume Within Required Time Y[8J NO Other Engineering Cnmments: The proposed Golfside Villas development project consists of a 5.57-acre multi-family residential development and the associated surface water management system. The surface water management system includes one wet-detention pond. This system is designed to attenuate the post-development peak rate of discharge for the 25-year, 24-hour storm event. The system is designed in accordance with requirements for discharges to a Class III water body. The system will provide treatment and recovery of the required pollution ST JOHNS WATER ORL TEl . 407-897-4354 I Ivla r' OS'98 ~, ( 16:35 No.OlO P.03 ~~. abatement volume pursuant to Chapter 40C-42, F.A.C, and discharge rate attenuation pursuant to Chapter 40C-4, F.A.C. The proposed project is not located within a floodplain area as established by FEMA. ENV:tRONMENTAL REVJ:EW: Environmental Comments: The proposed project site consists of forested uplands and surface water impoundment. The upland portion of the site is vegetated with a mixtur~ of pines and oaks. The portion of the surface water impoundment area, 0.56--acres, within the project area consists of the terminal end of a golf course lake that extends off site. The shore line of the impoundment has steep side slopes that is sparsely vegetated with herbaceous wetland species. Staff has determined that this system provides poor habitat and wetland functions for fish and wildlife..z..due to the stee~ide slopes and lack of desirable wetland vegetation. . The applicant proposes to impact a.55-acres of surface waters for a construction of a berm across the terminal end of the golf course impoundment to create a wet-detention pond. Staff has determined mitigation wiU not be required for the construction of a berm across a golf course impoundment, because the system provides poor habitat and wetland functions tor fish and wildlife. Therefore, staff has determined that the proposed project conforms with the wetland review criteria pursuant to Section 12.1.1 of the Management and Storage of Surface Water- EnvironmentaJ Resource Permit (ERP) Applicanfs Handbook. Summarv: Staff believes that the proposed project meets all applicable conditions for permit issuance pursuant to sections 4OC-4.301 and 40C-4.302, F.A.C. TabJ.e 1: PROJECT WETLAND (WL) AND OTHER SURFACE WATER (SW) SUMMARY 'tEMPORARY WL I'c SW IMPACTs WL .10 SW WL " sw WL I'c $W WI "SW WL r. sw lKPACT IMPACT m TYPE: '$tZE !lO!' TYl'li: SIU COOE IlG'AC'l'.E:D I 523 0_56 0.41 PE!l.MI\NENT WL " SW IMPACTS wt. " SW IMPACT HIPAC'r TYPe; SIZE COOl;; MITIC-ATIObl ID 523 0.15' P N/R PROJECT TOTALS ; 0.56 0.41 Comments: No =itiQaCion neqded pursuan~ to 12.2.2.1, EnP ^.H. COOES (multlple entries per cell not allowed): wetland Type: f~ aa established wetl~ clas~tfication aystgm (seo Section e, II~b) tmpae~ Type, O=drodge; F=fillJ fir-Change hy~~olOQy: SuShbding; C=~learlngl O=ocner. Fol'1ll NUIl\l)Q~ 40C-4. 900 (11 Pa<;j'e 8 of 12 ST JOHNS WATER ORL . I . TE~~407-897-4354 I"lar- ~:;;' 98 16:36 No.Ol0 P.04 IIITIGATION tD CREATION Table 2; PRO~ECT ON-SITE MITIGATION SUMMARy .,.1IL~ N/A AREA TAR~ tyPE fmSTOMTIOl'l ARw\ TA1U;E'I' TYPE DIlWI~ \oiP.rLANn PRES2ltVl\'t'ION A1U:A 'rAAGET TYP1': UPLAm> PRIi:SERVATION AREA TARGET mE' 0'l'lli:R AREA 1'1\RG E1' 'tYPE: ARl;:A TARGET T'fPE PROJEcT 0 'l'O'l'JU.S I CQllIIllenttl, CODEs haul UPh entriQ:;; per cl;lll not llllowedj ; Tazvet Typq or Type . t~t or ox:l.st.l..cg habitAt; tYt)e frOlll an esta.bli~hed ...<:tland <:h.8S1r:ic:ation ~stem Or land u'Oe classi!iclltioa for non~tland ~itigAtion . Form ~r 40C'..900(11 hge 9 of 13 lU'UGA%'rON It) atEATroo AAu TARGET TYPE Table 3: PROJECT OFF-SITE MITIGATION SUMMARy N/A RES'1'01'lA.TION ARJ:U. TARC:E'I' TYPE EblH1INc~ WE:tt.AND PRESERVATION A1U:A 'rAAGE'r TYPE UPUND P~VAT!ON AREA. TARGET TYPE <nliER MEA TARGE'r 'l'Y'P E AAl':A T ARGE'l' T'YPE l'RoJEc'I' TOTALS ; CCllIlll>ents, COD2S (lll11ltiple entries per cell l1Qt al.lo..OO): ~rqet ~ Or ~ = ~rget Or existing babit;~t tYPe from an eStablish~ w~tland c1assiEicatien SYBt;~ Or land use clas~ification for nnn-wetlAQd m1t;i~ti~ Por= NUmber 40C-4.900C11 - f'a!]e 10 ot 12 SEE ATTACHED: ~ BiOlogical Assessment Form (PAA) o Table 4: DOCKING FACILITY INFORMATION [] Table 5: SHORELINE STABILIZATION INFORMATION o Other: CONDI'L'rONS ERP/MSSW STANDARD GRNERAL P~IT NO.: 40-117-0456A-ERP -; "'-"'.."...>;; Generl2.1 (Oct;ooor 3, 1995): 1 - 19 :::~ !Z:;.=;;....; Special Conditions (NOvOlllbGr 16. 1995): I, 10, 13, 28 :::~ /~.~~::;w Other Conditions: ST JOHNS WATER ORL .'! .. TEL:407-897-4354 ( j 1"1 a. r (l 1:)' q i~: (' ~- 16:37 No .010 PoDS ,.- ':'"", 1. The proposed sur/a<;e water management system must be constructed and operated in aCCOrdance with the plans received by the District on November 13, 1997, sheet C-l and C-2. FOrms to be inclUded with peX111it: Completion Forms [J EN-44 (Non-registered) ~ EN-45 (Registered PrOfessional) REVXEWERS; R. Pakzadian / Eunice .. Inspection Fo~ 0 EN-47 (Non-reg. ) f21 EN-46 (Reg. Prof. ) 0 EN-33 (Karst) 0 EN-31 (Littoral Zone) 0 Other: 0 EN-55 (Wetland Monitoring) DATE: Written 11/18/97, RP. Revised Revised Revised Revised CONKLIN, PORTER .,-\.ND HOLMES ENGINEERS, INC. 1117 EAST ROBINSON STREET, SUITE C ORLANDO, FL 32801 TEL 407 -425-0452 FAX 407 -648-1036 FAX TRANSMISSION To: Don LeBlanc Date: September 21, 1998 Company: City of Winter Springs Fax#: 327-6912 Pages: 1, including this cover sheet. Subject: Terry M. Zaudtke, P.E., DEE Highland's PUD CPH Project No.: W0403.09 From: COMMENTS: We searched our files and we did not find any submittals or information concerning !\/laster Platming for the Highland's PUD. September IS, 1998 To: Tom Grimms, Community Development Coordinator Thru: Charles Carrington, Community Development Director Don LeBlanc, Land Development coordinato@ From: Re: Planning and Zoning Board Meeting, September 2, 1998 Golfside Villas During the course of the meeting, Board Member Fernandez quoted various sections of the Comprehensive Plan, Volumes 1 and 2. Attached are the minutes of that meeting. Please address the appropriate sections to include in the Board package for the next meeting when Golfside Villas will once again be addressed. CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 Community Development MEMORANDUM TO: Don LeBlanc, ASLA Land Development Coordinator FROM: Thomas Grimms, AICP Comprehensive Planning Coordinato~- September 25, 1998 DATE: RE: Golfside Villas At the September 2, 1998 P & Z Board meeting, Board member Bill Fernandez raised a number of questions and comments concerning the Golfside Villas Final Development Plan modification. It is true that the Conservation Element of the City's Comprehensive Plan does indicate in Objective C that: "Protect, conserve and appropriately use the remaining native vegetative communities, wildlife and wildlife habitat, particularly species designated as endangered, threatened or of special concern, and habitat utilized by those species from destructive practices, through site plan review criteria requiring the species and habitat be identified, requirements that protection of remaining habitat be enforced through development orders, and providing incentives for such protection. " My understanding is that the Highlands P.U.D. was approved years ago, earlier than 1992. The City's Comprehensive Plan was adopted on April 27, 1992. As a result, these requirements in the Comprehensive Plan do not apply to the P.U.D. All developments since April 27, 1992 are to be reviewed under the requirements of the adopted Comprehensive Plan. Let me know if this answers your questions as it relates to Mr. Fernandez's comments. "DECLARA nON OF COVENANTS, CONDITIONS AND RESTRICTIONS" 05-22-98All :56 RCVD KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Terry L. Fine and Virginia Fine, husband and wife, (hereinafter "Developer") are the owners of certain real property located in Seminole County, Florida, described as follows, to-wit: A portion of Tracts "D" and "I", "THE HIGHLANDS SECTION THREE", City of Winter Springs, as recorded in Plat Book 17, pages 48 and 49, Public Records of SEMINOLE County, Florida, being more particularly described as follows: Commence at the Southeast corner of said Tract "D", run South 850 11' 58" West along the South line of said Tract "D", 70.00 feet; thence North 36050'38" West 217.13 feet; thence North 44047'02" West 177.77 feet; thence North 830 36'38" West 101.89 feet to the Point of Beginning; , thence North 890 24'28" West 75.79 feet; thence South 800 56'46" West 66.89 feet; thence North 890 32'48" West 64.23 feet; thence South 660 10'56" West 271.90 feet; thence North 38025'12" West 245.43 feet; thence North 220 50'52" East 94.55 feet; thence North 530 02'28" East 230.31 feet; thence North 670 16'23" East 125.13 feet; thence South 100 21'05" East 328.79 feet; thence South 830 36'38" East 213.43 feet to the Point of Beginning. AND A portion of Tracts "D" and "I", "THE HIGHLANDS SECTION THREE", City of Winter Springs, as recorded in Plat Book 17, pages 48 and 49, Public Records of SEMINOLE County, Florida, being more particularly described as follows: Commence at the Southeast corner of said Tract "D", run South 850 ] ] , 58" West along the South line of said Tract "D" 70.00 feet; thence North 360 50'38" West 217.13 feet; thence North 44047'02" West 112.77 feet to the Point of Beginning; thence North 620 51 '05" West 96.34 feet; thence North 770 34' 17" West 62.79 feet; thence South 830 36'38" East 101.89 feet; thence South 440 47'02" East 65.00 feet to the Point of Beginning. Containing therein 2.730 acres more or less. All of Golfside Villas according to plat thereof recorded at Book _, Page _, Public Records of Seminole County, Florida. AND WHEREAS, Developer desires that the above described real property (herinafter the "Property") be subject to like restrictions for the mutual benefit and protection of Developer and all persons, individual, corporate or otherwise, who may hereafter purchase or acquire said property, or any part thereof or interest therein in; and WHEREAS, the Developer desires to create a residential community covering the Property to be known as "GOLFSIDE VILLAS", with permanent common facilities for the benefit of the said community; and WHEREAS, the Developer has deemed it desirable, for the efficient preservation of the values and amenities in said community, to create an agency to which should be delegated and assigned the powers of maintaining and administrating the community properties and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, the Developer shall be responsible for the organization of a Florida non-profit corporation, which may be named GOLFS IDE VILLAS HOMEOWNERS' ASSOCIA TION (the "Association"), for the purpose of exercising the functions aforesaid; NOW THEREFORE in consideration of the premises, Developer does hereby declare the above described real property, and any additions thereto as may hereafter be made, to be subject to certain restrictions, reservations, covenants and conditions binding upon said Developer and upon each and every person whether individual, corporate or otherwise, who or which shall have any right, title or interest in said real property or any part thereof, and their respective heirs, personal representatives, successors and assigns, said restrictions, reservations, covenants and conditions being as follows: 1. DEFINlTIONS (a) "Association" shall mean and refer to the GOLFSIDE VILLAS HOMEOWNERS' ASSOCIATION, INC., a Florida corporation not for profit, its successors and assigns. The Association is a homeowners' association within the meaning ofF.S. S617.301(7) and subject to the requirements ofF.S. ~~617.301, ~~ applicable to such associations. (b) "Property" shall mean and refer to that certain real property situate in Seminole County, Florida, and such additions thereto as may hereafter be brought within the jurisdiction of the Association, and more particularly described above. (c) "Common Area" shall mean and refer to all real property owned by the Association for the common use and enjoyment of its Members as designated by subdivision plat of the Property and recorded among the Public Records of Seminole County, Florida. (d) "Lot" shall mean and refer to those numbered lots shown upon the recorded subdivision plat of the Property exclusive of the Common Area. ( e) "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot, including the Developer and contract 2 sellers, but excluding those having such interest merely as security for the performance of an obligation. (t) Developer shall mean and refer to Terry L. Fine and Virginia Fine, husband and wife, their successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Developer for the purposes of development. (g) "Declaration" shall mean and refer to these Declaration of Covenants, Conditions and Restrictions applicable to the Property as recorded in the Public Records of Seminole County, Florida. (h) "Member" shall mean and refer to those persons entitled to membership in the Association as herein provided. (i) "Development" shall mean and refer to all of the property as IS hereinabove set forth and as from time to time added to in conformance herewith. U) "Maintenance Year" shall mean and refer to a calendar year running from the 1 st day of January to the 31 st day of December. 2. ASSOCIA TION MEMBERSHIP Every Owner as herein above defined, shall be a Member of the Association, provided, however, that no owner shall have more than one membership per Lot owned. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment by the Association. . Ownership of such Lot shall be the sole qualification for membership and shall be a mandatory condition of Lot ownership. 3. VOTING MEMBER~HIP The Association shall have two classes of voting membership. Class A Members entitled to vote shall be all those Owners as hereinabove defined other than Developer. Class A Members shall be entitled to one vote for each Lot in which they hold the required membership interest. When more than one person holds such interest in any Lot, all such persons shall be Members, but the vote for such Lot shall be exercised as such Owners among themselves determine, and in no event shall more than one vote be cast with respect to any Lot. Class B Members shall be the Developer. Class B Members shall be entitled to ten votes for each Lot in which it retains record ownership, provided, however, that Class A Members shall be entitled to cast a majority of the votes of all classes of membership effective on the date that is 3 months after the date on which Developer has conveyed 90 percent of the Lots to Class A Members. 4. USE OF COMMON AREAS Every Member shall have the right of enjoyment to an easement over the Common Area and such easement shall be appurtenant to and pass with the title to every assessed Lot, subject to the following provisions: . (a) The right of the Association to limit the number of guests of Members; 3 (b) The right of the Association, in accordance with its Articles and By-laws, to borrow money for the purpose of improving the Common Area and in aid thereof to mortgage the Common Area; (c) The right of the Association to suspend in accordance with law the right to use Common Areas and facilities by a Member (other than ingress and egress) for a period not to exceed thirty (30) days for any infraction of its published rules and regulations, to impose fines not to exceed $50 for each such infraction, or both; (d) The right of the Association to impose reasonable suspensions of Member use of Common Areas and facilities (other than ingress and egress), reasonable fines, or both for non payment of assessments when due. ( e) The right of the Association, the Developer, or either of them to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members and subject, of course, to transferee approval and acceptance. No such dedication or transfer by the Association shall be effective, however, unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded, agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than thirty (30) days nor more than sixty (60) days in advance of the meeting at which such dedication or transfer is considered. 5. ASSESS11ENTS (a) The Developer, for each Lot constituting a part of the Property, hereby covenants, and each Owner of any lot by acceptance of a deed thereto, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay the Association: (1) annual assessments or charges, (2) special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided, and (3) an initial operating assessment. The initial operating assessment shall be $150 payable by the Owner at closing. Initial operating assessments shall be held by the Association in an interest bearing escrow account, and all such assessments and accumulated interest thereon shall be released from escrow immediately following the date on which Class A Members are entitled to cast a majority of votes of all classes of membership in the Association. Annual and special assessments, together with any interest thereon and costs of collection thereof, as herinafter provided, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fees, shall also be the personal obligation of the Owner of such property at the time the assessment became due. (b) Assessments levied by the Association shall be used exclusively for the purposes of promoting the recreation, health, safety, and welfare of Members and residents in the Development and in particular for the erection and maintenance of improvements devot~d to this purpose and related to the use and enjoyment of the homes situated upon the Development. 4 (c) Immediately following the conveyance of the first Lot by the Developer to an Owner other than Developer, the maximum annual assessment shall be $1200 per Lot. Developer guarantees any shortage for one year. (d) Immediately following the conveyance of the first Lot by Developer to an Owner other than Developer, the maximum annual assessment may be increased effective January 1st of each year without a vote of the membership in conformance with the rise, if any, of the Consumer Price Index (published by the Department of Labor, Washington, D.C.) for the preceding month of July. (e) Immediately following the conveyance of the first Lot by Developer to an Owner, the maximum annual assessment may be increased above that established by the Consumer Price Index ("CPT") formula by a vote of Members for the next succeeding one year period, and at the end of each such period of one year, for each succeeding period of one year, provided that any such change shall have the assent of two-thirds (2/3) of the votes of the Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than ten (10) days nor more than thirty (30) days in advance of the meeting setting forth the purpose of the meeting. No increase in assessments above CPI shall become effective less than 30 days from the date on which approved by Members. (f) Annual assessments shall include as a part thereof the assessment, if any, imposed on Members by the Highlands Homeowners' Association, Inc. ("Highlands"), which such amount shall be paid over and delivered to the Highlands by the Association. 6. SPECIAL ASSESSMENTS In addition to the annual assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of members who are voting in person or by proxy at a meeting duly called for this purpose~ written notice of which shall be sent to all members not less than ten (l0) days nor more than thirty (30) days in advance of the meeting setting forth the purpose of the meeting. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis, as is more specifically set forth herein; provided, however, the foregoing requirement for uniformity shall not prevent special assessments against any particular Lot otherwise established pursuant to the terms of this Declaration. No special assessment shall become effective less than 30 days from the date on which approved by Members. 7. QUORUM FOR MEETINGS ON ASSESSMENTS At the first meeting called, as provided in sections 5 (e) and 6, hereof, the presence at the meeting of Members or of proxies entitled to cast Twenty per cent (20%) of all the votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called subject to the notice requirement set forth in sections 5 (e) and 6. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 5 8. TERM OF ASSESSMENTS The annual assessments provided for herein shall commence immediately following the conveyance by the Developer of the first Lot to an Owner other than Developer. The first annual assessment shall be adjusted according to the number of months remaining in the Maintenance Year. The due dates of assessments shall be established by the Board of Directors. The Association shall upon demand at any time furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. 9. DELINQUENT ASSESSMENTS Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of the delinquency at the highest legal rate allowed by law, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Lot. Interest, costs, and reasonable attorney's fees incurred by the Association in any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the property or abandonment of his or her Lot. 10. MORTGAGES; FORECLOSURES The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage encwnbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any such first mortgage pursuant to a decree of foreclosure under such mortgage or in any proceeding in lieu of foreclosure thereof, shall extinguish the lien of such assessments as to payments which became due prior to sale or transfer. No such sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. 11. ASSESSMENT EXEMPTIONS The following property subject shall be exempt from the assessments created herein: (a) All properties dedicated to and accepted by local public authority; (b) The "Common Area". 12. RESIDENTIAL USE ONt y No Lot shall be used except for single family residential purposes. 6 13. ARCHITECTURAL CONTROL COMMITTEE The Architectural Control Committee (hereinafter sometimes the "Committee") shall be composed of three (3) members of the Board of Directors of the Association selected by the Board, or three (3) persons appointed by the Board of Directors of the Association who need not be members of the Board of Directors. In the event of death of, or resignation of any member of the Committee, the Board of Directors shall designate a successor within sixty (60) days from the date of said death or resignation. 14. PLAN APPROVAL No building or construction of any nature shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, hannony of external design and external colors with existing structures, as to location with respect to topography and finish, grade elevation, and as to compliance with the requirements of the Highlands Homeowners' Association, Inc. 15. TIME FOR APPROVAL The Committee's approval or disapproval as required in these covenants shall be in writing. In the event that the Architectural Control Committee fails to act within thirty (30) days after plans and specifications have been submitted to it, the Committee shall be deemed to have disapproved such proposed plans and specifications. . 16. TEMPORARY RESIDENCES Except as otherwise provided herein, no structure of a temporary character, trailer, boat, motor home, tent, shack, garage, barn or other outbuilding shall be placed on any Lot at any time either temporarily or pennanently. 17. PROHIBITED VEHICLES No motor homes, recreational vehicles, boats, trailers or motor vehicles in excess of a 3/4 ton rating, shall be allowed to be kept or parked on any Lot, Common Area, or private road right of way, in excess of forty-eight (48) hours. 18. AERIALS/ ANTENNAS No radio or television aerial or antenna, satellite dish nor any other exterior electronic or electrical equipment or device of any kind shall be installed or maintained on the exterior of any structure located on a Lot or any portion of any Lot occupied by a building or other structure except by express written approval of the Architectural Control Committee. 19. NUISANCES PROHIBITED No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 7 20. ANIMALS. ETC No animals, livestock, or poultry shall be raised, bred, or kept on any Lot, except that dogs, cats or other household pets may be kept provided they are not kept, bred or maintained for commercial purposes. However, no more than two (2) dogs and two (2) cats shall be kept in any one household at anyone time. 21. SIGNS No sign of any kind shall be displayed to the public view on any Lot except one (I) sign of not more than five (5) square feet advertising the property for sale, or rent, or signs used by a builder to advertise the property during the construction and sales period. 22. TRASH. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers, the number, size and other characteristics of which may be prescribed by the Architectural Control Committee. All equipment for storage or disposal of such materials shall be kept in a clean and sanitary condition, and except during pick-up, if required to be placed at the street, all containers shall be kept at the side or rear of all dwellings out of sight from the street. There shall be no burning of trash, or other waste materials. 23. WlNDOWS AND CLOTHESLINES It is prohibited to hang and/or dust garments, rugs, or any other materials from the windows or from the front facade of any residence, nor shall any outdoor clothes lines be permitted. 24. FENCES, WALLS ETC No fence, wall or other structure shall be erected, placed or altered on any Lot between any private road right of way and any building situated on said Lot. Prior to the erection, placement, or alteration of any other fence, wall, or other structure, Owner shall obtain written approval of the Architectural Control Committee. 25 . SHRUBBERY It is prohibited for any Owner, tenant, or family member, or guest to plant any shrubbery, trees, or plants in any position on the Common Area, or private road right of way, without the prior written consent of the Architectural Control Committee. 26. SWIMMING POOLS, HOT TUBS No pool, hot tub or similar improvement or screening shall be erected or placed on any Lot until the construction plans and specifications and a plan showing their location have been approved by the Architectural Control Committee. 8 27. PARTY WALLS (a) General Rules of Law Apply Each wall which is built as a part of the original construction of the buildings upon the Lots and placed on the dividing line between the Lots, shall constitute a party wall, and to the extent not inconsistent with the provisions of this' Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. (b) Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a part)' wall shall be shared by the Owners who make use of the wall in proportion to such use. (c) Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire, or other casualty and it is not covered by insurance, any Owner who has used the wall may restore it, and shall contribute to the cost of restoration thereof in proportion to his or her use without prejudice, however, to the right of any such Owner to call for a larger contribution from any person who would be legally liable therefor. (d) Weatherproofing. Notwithstanding any other provisions of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. (e) Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. 28. MAINTENANCE RESPONSIBILITIES (a) Association. The Association, subject to the rights of the Owners as set forth in this Declaration, shall be responsible for the exclusive management and control of .Common Areas, private roads, street lighting and storm water system, shown on the plat of GOLFSIDE, and all improvements thereon. The Association shall keep the same in good, clean, attractive and sanitary condition, order and repair. The Association's duties shall extend to and include the streets, street lighting and storm water system, as shown on said plat. The Association shall have qualified personnel periodically perform an inspection of the drainage system and shall be responsible to maintain said system in a state of good repair. (b) Owner's Responsibility. Each Owner shall provide exterior maintenance of the dwelling unit upon his or her Lot, including painting, repairing, replacing and caring of roofs, gutters, down spouts, exterior building surfaces, and other exterior improvements. Each Owner shall also maintain all shrubbery on his or her Lot, and all patio and atriwn areas. Such maintenance shall include the landscaping of his lot, patio and atrium, subject to the approval of the Architectural Control Committee as herein provided. Should the Owner neglect or fail to maintain any shrubbery on his lot, patio areas or atrium areas or neglect to maintain the exterior of his or her dwelling unit, the Association after 30 days written notice to Owner may maintain or repair the same at Owner's expense. Upon written notice to Owner, the cost thereof shall become a special assessment against that Owner's lot, payable within 30 days. 9 (c) Alterations. Any changes in color of exterior walls or changes in the siding, trim or other exterior materials shall be approved by the Architectural Control Committee. Any changes of exterior color must be in harmony with colors of existing structures in the Development. 29. APPLICABILITY Each person or entity who is a record owner of a fee or undivided fee interest in any Lot or who is a resident of the Development, or any invitee of an Owner or resident, shall be subject to these Covenants, Conditions and Restrictions, together with the provisions of the Articles, By-Laws, and Rules and Regulations of the Association. 30. AMENDMENT These covenants, conditions and restrictions shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or by the Owner of any Lot subject thereto, their legal representatives, heirs, successors and assigns, for a term of ten (10) years from the date this instrument is recorded after which time said covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years. The covenants, conditions and restrictions of this instrument may be amended during the first ten (10) year period by an instrument signed by not less than seventy-five (75%) per cent of the Owners, and thereafter by an instrument signed by not less than fifty (50%) per cent of the Owners. No such amendment shall be effective without the prior approval of the City of Winter Springs, Florida. ' 31. REMEDIES FOR V10LA IIONS For violation or a breach of any provisions herein by any Owner, tenant, family member or other person, the Developer, Association, or either of them, shall have the right to proceed at law for damages or in equity to compel compliance, or for such other relief as may be appropriate. In addition to the foregoing right, the Association shall have the right whenever there shall have been built within the Development any structure which is in violation of this Agreement, to enter upon the subject Lot or Property where such violation of this Agreement exists, and summarily abate or remove the same at the expense of the Owner, provided, however, the Association shall then make the necessary repairs, construction, etc., necessary to insure that the property and improvements where such violation occurred shall be in the same condition as before said violation occurred, and any such entry and abatement or removal shall not be deemed a trespass. The failure promptly to enforce any of the provisions of this agreement shall not bar their subsequent enforcement. 32. CONVEYANCE OF COMMON AREAS The Developer hereby covenants for itself, its successors and assigns, that it will convey in fee simple title to the Association all properties designated "Common Areas" as delineated on the plat of GOLFS IDE VILLAS, but no later than the earlier of the date on which all Lots have been conveyed by the Developer to Members other than Developer, or three years from the date of Recordation of this Declaration. 10 33. Notwithstanding any other provisions contained herein, no amendments may be made to this document without the prior approval of the City of Winter Springs, Florida. The City of Winter Springs is a third party beneficiary with the right to legally enforce this document or any part or provision hereof. Nothing contained herein shall be construed to pennit or authorize any violations or deviations from the City Code, City of Winter Springs, Florida. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _ day of , 1998 WITNESSES: Terry L. Fine, Developer V irginia Fine, Developer STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments personally appeared Terry L. Fein and Virginia Fein to me known to be the persons described in and who executed the foregoing instrument for the purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1998. (Notarial Seal) Notary Public My Commission Expires: This instrument was prepared by: Randall C. Smith, Esq. 750 N. Maitland Avenue Maitland, Florida 32751 \I ',...,'",.,' "~!:,::.-,,, ,.j "'." ,< . ~, J N...: Me life f/q.."-w.-. will "l1IIm.. _dI *....... .... are dHe. ..TIr+'..~'............ ..... are ....dI.. ...!..... freely _ oripully .I~ fttCifywil h .,eet. , .. ~......." ......., ,'.rd .. ..... by tile ....... of Iltcord ...... tile If A- II." II" ..... .... ..... ....,...... fHcdoItial_ oriciuHy daIped ..... .. ~!I.." e. .... '_.JI&' doea..., or oilier IepI don..., is preseated 10 tile City ...-....... ,,0.::,.... III.SenIIe4a ~ rilllCellpt. nIlOft' from tile ailtia& _...Ulft ............ '.. "..,.......t ......, ia pIaee. "1 , LEONARD FEINBER~ ARCHITECT J ' i 200 5T. ANDRE~5 6 riD. #401 ~INTER PARK, FLORIA. S21Q2 (401) b11 8211 " , "',~.;-, . ""'.~ THI5 15 A 51N6~ t=AMILY ATT~ Ie5lcemJA1. COMMUNITY. -~- Oe'le~- ~ ~ )N~ _ ~ W. M~se. -eLvD' ---Wl~ p~ 1ft... ~Z78'1 407- Ce:47 -sll \ -~. -:---~WA~ ~ ~N~ Il'~ 8tq ~ ~~~D sr _ ~~ , "f'-Of'\ VA- ?27n ~7... ~z. - ~o _LA\JlL., ~..r ~- ~ .~JN~ ~--_.__. ~~eNb~ lNG. _ -=---==-~"". -sr - -~-CO'I-ft, ~~~ . -=---._...~7- 4'2?-4an- T \, ... ~ ; I I I I e ....~. , """"l ~ \1\I:t' ~ ~ --. ---" ~... .-- '- " '... .'-' j - .... NOTES 6eERAL NO"i'CS: I. IT 1& 1M! ,,~- (7' 1M! ~T n4AT no.l~ I"tOIItl( !Ie N ~ rcno. ~ ~'~ ~ 1M!!ULDlN60 AUT'HOIt.'Te ~"!1ldo .utI5OIG'!'O'o Olfllt 1M5 ~ ~ GOI6~TlON ~ ~NfI:,Y AL.I- ~-~ ~ PO T1e1tt ~ IN ~A.r.c:e ~ AL.I- .......uG~ ~.....'O ~n0t6_ 2. 1M! c,o..~-OIIl SHALL ~ AL.I- c:.oNt>tTlON& NO ~ AT 1M! ..1015 5:1'E.5 lIIIll~ TO GOt+eHGlN6 ~_ ~~~ ~ ~I AL.I- D1~"'''G 9 ~ ne ~NItS Atff) eXI5T1N60 GOtO:T'.Q116 TO 1M! Allf.G,HITf,G. - --.~ TO GOI+I!NGIN6o ~, !S. GON'T1UoG-OIIl s.-~ ~ Y. LOGATE NoD aIIu) ~O 'T'-e ~ AU... ~. ...'~ AHlK.S. ~'Te, Of'"ENI~. ~J'1!5 HN~.!U\e .A:> ~..,C"6 NO I'"lTGIe$ 16 MAY BE ~11Ia:P 'TO ATTAtC;4 NC> ~,.~ 0'T'I0et ~ <4. ne!le DOC.~, ,. ne~ "" seRY'IGe. A.-e -n.e ~ "" nE AIIf.G,H;Tf,G.T ~ ""AY NOT' ~ l.eeD O't ~ "~ a1T' e...---.D r<<JTT!:N ~T "" 1M! NltGHITeGT. 5. AU.. OETA-..5 NC> IEGTlONS ~ ON 1M! ~"'6S I#lI; ~,~ TO BE ~IG."'" ""0 ~ !Ie ~'T'RI.e:) TO AJlIPL. 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"." fErT: rHl,," 1I."'Jl'",'.. '4.1J ,rrT: THCNCE S....".SI.". "'90 FtCT: THtNCt It. J..25'11.. 14'.4J 'EET: TNCNCE 1f.1:l"S.'U'E. '''.n rar: THENCE N.SJ'D2'II'c. 2JtI.JI FaT: THENCE N.,T-I"'J.C. "S. IJ FIlT: THeIlCE '0 '''11' t)J'E. JI' ff FElT: THeNCE 5.IJ'J' 'J"E. l/J..fJ rEET TO ,,. ,,,,NT OF 'E6''''''.. CONU,""'C THE~E'N ], '00 AC_rs ItIHE OR lESS PARCEL .H" DESCRIPTION: A fOfTlM ~ T~Acrs "D' AND '1'. 'THE HIOHLANOS SEenOll THRt(.. CITY OF ."ac. S"'I!tOS. AS IfCOI'ED 'N "LAT ,00<< ". fAGES 4' ANO 49, 'UlLIC 'ECOID' or SEMINOLE COUHTY, FLORIDA. 'liNG MO'f 'A'TICUlA~LY OESCJI'ED AS FOLLOWS' . COMIICNCC AT THf SOUTHEAST (OR,," OF SA It> TlACT .D'. 'UN .. 'S' " 'S' 'W. ALONG TN( 'WTN LINE OF SAID 'tACT '0' ,O.()() FEET: THEHCE II.J6.50'JI'" 211. IJ FIET: THlNCE N..'-.""".. 111.11 FeET TO THE 'OINT OF 'lGINNING: THENCE N. tJ:r SI '05 ''', 'f. J4 'UT, THENCE N. 'T-J4 '17''' ".70 FeET: THENCE S, 'J- J~ . J'.E 10 I 19 FEU: TttCNCE S. 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