Nov 17, 2015 - Altamonte Springs

Transcription

CITY OF ALTAMONTE SPRINGS
COMMISSION AGENDA
NOVEMBER 17, 2015 (REVISED)
7:00 P.M. REGULAR MEETING
INVOCATION
PLEDGE OF ALLEGIANCE
INFORMAL COMMUNICATIONS FROM THE FLOOR
1.
CERTIFICATION OF NOVEMBER 3, 2015 ELECTION RESULTS
ADMINISTRATION OF OATH OF OFFICE TO COMMISSIONERS GARDNER HUSSEY AND SARAH
REECE
SELECTION OF VICE MAYOR
2.
APPROVAL OF MINUTES OF REGULAR MEETING OF OCTOBER 20, 2015
INFORMAL COMMUNICATIONS FROM THE FLOOR
3.
PUBLIC HEARING
(2nd READING)
A. Ordinance 1688-15- Request to Change the Future
Land Use Designation of the Southeast Corner of West
Town Parkway and Pearl Lake Causeway
B.
Ordinance 1689-15- Request to Rezone the Southeast
Corner of West Town Parkway and Pearl Lake
Causeway
4.
PUBLIC HEARING
(1st READING)
Ordinance 1690-15- Land Development Code
Amendment for the regulation of medical marijuana
retail centers and marijuana-related land uses.
5.
PUBLIC HEARING
(1st READING)
Ordinance 1693-15- City Code of Ordinances
amendment to reorganize Chapter 19, Local Business
Taxes and City Permits, and adopt regulations for
marijuana businesses
6.
REQUEST FOR APPROVAL
Purchase Agreement between Genesis Professional
Center Condominium Associates, Inc., a Florida
Corporation and the City of Altamonte Springs
7.
Transfer ownership of K-9 Aron to MPO Roberto
Ruiz
City Commission Meeting of November 17, 2015
Page 2
8.
Waive Formal Solicitation and Approve Sole SourceAurora and Layne Vertical Turbine Pump Parts &
Repairs
9.
Waive Formal Solicitation and Approve Sole SourceWater Storage Tank Cathodic Protection Upgrade and
Inspection
10. REQUEST FOR APPROVAL
Waive Formal Solicitation and Approve Sole SourceConductive Electrical Weapon and Accessories
11. DISCUSSION
City Manager Review
ADD ON ITEM:
12. REQUEST FOR APPROVAL
Temporary Access and Limited Construction Easement
Agreement required for issuance of the Waterfront
Improvement Permit BP15-1115 for 447 Meander
Drive North
Persons with disabilities needing assistance in participating in any of these proceedings should contact the City Clerk
Department ADA Coordinator 48 hours in advance of the meeting at 407-571-8122 (Voice) or 407-571-8126 (TDD).
Persons are advised if they wish to appeal any decision made at the hearing/meetings, they will need to ensure that
a verbatim record of the proceedings is made which includes the testimony evidence upon which the appeal is to be
based, per Chapter 286.0105, Laws of Florida. The City of Altamonte Springs does not provide this verbatim record.
Official Use Only
Commission Action:_......,,__ _ _ _ _ __
From:
City M a n a g e r : - - - - - - - - - - Date: _ _ _ _ _ _ _ _ _ _ _ __
SUBJECT:
Certification of November 3, 2015 Election Results
SUMMARY EXPLANATION & BACKGROUND:
Attached is a copy of the Election Summary Report and Statement of Votes Cast as certified by the
Seminole County Supervisor of Elections Office, who also served as the Canvassing Board for the election.
A total of 1371 Votes were cast for the three (3) Charter Amendments with each amendm.ent passing as
shown in detail below:
•
Referendum 1:
1069 (78.43%)-Yes
294 (21.57%)-No
Total Votes: 1363
•
Referendum 2:
730 (53.72%)-Yes
629 (46.28%)-No
Total Votes: 1359
•
Referendum 3:
1048 (76.95%)-Yes
314 (23.05%)-No
Total Votes: 1362
Certification of results are required by Section 13-17 of the Altamonte Springs City Code of Ordinances.
FISCAL INFORMATION: N/A
RECOMMENDED ACTION:
Certify the results of the November 3, 2015 Election provided by the Seminole County Supervisor of
Elections as required by Section 13-17 of the Altamonte Springs City Code of Ordinances.
Initiated by: Erm O'Donnell
ELECTION SUMMARY REPORT
City of Altamone Springs
November 3, 2015
Seminole County, Florida
OFFICIAL RESULTS
Cards Cast 13 71
ALTAMONTE REFERENDUM 1
Total \1 ates
YES
NO
Total
1363
1069
294
78.43%
21.57%
Total
1359
730
629
53.72%
46.28%
Total
1362
1048
314
76.95%
23.05%
Total Votes
YES
NO
Total \1 ates
YES
NO
Date: 11II2/15
Time: 14:55 :56
Page: 1 of I
REGULAR MEETING OF THE CITY COMMISSION
OCTOBER 20, 2015
Pursuant to due notice, a regular meeting of the Commission of the City of Altamonte Springs, Seminole County,
was held at 225 Newburyport Avenue, in said City on October 20, 2015 at 7:00 p.m.
PRESENT WERE:
Mayor Bates, Commissioners Batman, Hussey, Reece, and Wolfram
ALSO PRESENT WERE:
Frank Martz
Skip Fowler
Erin O'Donnell
City Manager
City Attorney
City Clerk
The meeting was called to order by Mayor Bates at 7:00 p.m.
INVOCATION:
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Motion:
Moved by Commissioner Wolfram, seconded by Commissioner Reece, to approve the
minutes of the regular Commission Meeting of October 6, 2015 as presented. Motion
carried unanimously.
INFORMAL COMMUNICATION FROM THE FLOOR: None
1.
PUBLIC HEARING
(1st READING)
A.
Ordinance 1688-15- Request to Change the Future Land
Use Designation of the Southeast Corner of West Town
Parkway and Pearl Lake Causeway
B.
Ordinance 1689-15- Request to Rezone the Southeast
Corner of West Town Parkway and Pearl Lake Causeway
Bob Atkins and Maurizio Leon, representing the property and the applicant appeared before the Commission to
let them know they were available to answer any questions and also provided detail views of the property and
surrounding area. The attorney read the title of the ordinance into the record.
Minutes of the City Commission Meeting -October 20, 2015
Page 2 of4
Motion:
Moved by Commissioner Wolfram, seconded by Commissioner Batman to approve
Ordinance 1688-15 on first reading and set second reading for November 17, 2015.
Commissioner Batman - yes; Commissioner Hussey - yes; Commissioner Reece - yes;
Commissioner Wolfram -yes; Mayor Bates -yes. Motion carried 5-0.
Motion:
Moved by Commissioner Hussey, seconded by Commissioner Batman to approve
Ordinance 1689-15 on first reading and set second reading for November 17, 2015.
Commissioner Batman - yes; Commissioner Hussey - yes; Commissioner Reece - yes;
Commissioner Wolfram -yes; Mayor Bates -yes. Motion carried 5-0.
2.
Motion:
3.
4.
Moved by Commissioner Hussey, seconded by Commissioner Wolfram to approve the
access easement. Motion carried unanimously.
Motion:
New Access Easement for 48" Effluent Pipe to Little
Wekiva Rive
Solid Waste Franchise Renewals for FY 15/16
Moved by Commissioner Wolfram, seconded by Commissioner Batman to approve the
renewals for FY 15/16. Motion carried unanimously.
2015/16 Neighborhood Improvement Grant Program
Commissioner Batman asked Mr. Martz when the restriction on allowing Condominiums to apply for
this program was lifted. Mr. Martz replied that as long as he has been City Manager, he was not aware
of such restriction but he'd be happy to check on that and get back to him.
Motion:
s.
Motion:
6.
Moved by Commissioner Wolfram, seconded by Commissioner Reece to approve the
2015/16 Neighborhood Improvement Grant Program. Motion carried unanimously.
Advisory
Committee
(CAC)
Moved by Commissioner Hussey, seconded by Commissioner Batman to approve John
Florio as the appointment for another four (4) year term. Motion carried unanimously.
Motion:
Metroplan
Citizen's
appointment
Purchase Agreement between, George Groetzner and
Ana Groetzner, husband and wife and the City of
Altamonte Springs
Moved by Commissioner Wolfram, seconded by Commissioner Reece to approve the
purchase agreement. Motion carried unanimously.
Page 3 of 4
7.
FINANCE ITEMS
A.
ITB
16-001-CE-Dumpster
Service
for
various
City
Properties-Annual Requirements- Award ITB 16-001-CE
to Progressive Waste solutions of Florida, Inc. in the bid
amount of $106,754.28
B.
ITB 14-0198 Fire Station and Southwest Elevated Water
Storage Tank Rehabilitation- Approve Final Payment in
the amount of $304,500.00 to Utility Service Company,
Inc. and accept the closeout documentation
Motion:
Moved by Commissioner Hussey, seconded by Commissioner Reece to approve finance
items A and B. Motion carried unanimously.
INFORMAL COMMUNICATION FROM THE FLOOR: None
REPORTS:
CITY ATTORNEY -None
CITY CLERK
Reported that the precincts for the November 3, 2015 Election were temporarily moved for this election only.
Residents west of 1-4 will be voting at Westmonte Park, while residents living east of 1-4 will be voting at City
Hall.
CITY MANAGER
Reported that the City is in the middle of their current Cranes Roost Park renovation. The City has been having a
lot of feedback from citizens on the project and will be continuing to update the website with current
information as well as looking into alternative walking routes as a temporary solution. It is better for the park to
close it all down at once and do a total renovation so we are able to open up as soon as possible next year.
Lastly, he briefed the Commission that the subject of medical marijuana will be coming up with them as the City
has already been identified in the news media as a potential site for a facility dispensary. The City is looking into
Ordinances and with the help of the Seminole County Sherriff's Office, we will be ready if and when it passes on
the ballot next year.
COMMISSIONER BATMAN
Asked for clarification on the Cranes Roost closures in response to comments he's received from residents. Mr.
Martz replied the south side of the park is open. Two boardwalks and sidewalks are having the tread ways
replaced and railings replaced. In the course of an evaluation, the structural integrity of the boardwalks was in
jeopardy due to their age. As stated before, the City is looking into alternative walkways and better signage to
better redirect.
COMMISSIONER REECE- None
Page 4 of 4
COMMISSIONER HUSSEY-None
COMMISSIONER WOLFRAM-None
MAYOR BATES- None
The meeting adjourned at 7:15 p.m.
ATIEST:
MAYOR
CITY CLERK
Official Use Only
Commission Action: _ _ _ _ _ _ _ __
City M a n a g e r : - - - - - - - - - - Date: _ _ _ _ _ _ _ _ _ _ _ _ __
SUBJECT: Ordinance Nos. 1688-15 and 1689-15 (2nd Reading) - Request to change the future land use
designation and rezone the southeast corner of West Town Parkway and Pearl Lake Causeway.
A Comprehensive Plan amendment to change the subject property's future land use designation from
Industrial to Commercial/Office and rezone from 1-L (Very Light Industrial District) to MOC-1 (Mixed
Office Commercial District). The MOC-1 zoning is proposed to be restricted to prohibit retail-related
uses, restaurants, lounges, bars, or other drinking or dining establishments and parking garages. The
property owner has executed a Restricted Use Agreement with the City.
At its July 8, 2015 meeting, the Planning Board recommended approval of the proposed ordinances for
comprehensive plan amendment and rezoning with restrictions.
RECOMMENDED ACTION:
A.
PASS AND ADOPT Ordinance 1688-15 on second and final reading.
B.
PASS AND ADOPT Ordinance 1689-15 on second and final reading.
Initiated by: John Sember, Growth Management
ORDINANCE NO.: 1688-15
AN ORDINANCE OF THE CITY OF ALTAMONTE
SPRINGS, FLORIDA, AMENDING "CITY PLAN
2030," THE COMPREHENSIVE PLAN OF THE CITY
OF ALTAMONTE SPRINGS, BY CHANGING THE
FUTURE LAND USE DESIGNATION OF THAT
PROPERTY LOCATED AT THE SOUTHEAST
CORNER OF WEST TOWN PARKWAY ANO
PEARL
LAKE
CAUSEWAY (AND
MORE
PARTICULARLY
DESCRIBED
HEREIN),
FROM INDUSTRIAL TO COMMERCIALJOFFICE;
FINDING CONFORMITY WITH STATE STATUTES;
PROVIDING FOR CONFLICTS, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Altamonte Springs,
Florida,
on
October
5,
2010,
adopted
Ordinance
No.
1628-10,
the
Comprehensive Plan of the City of Altamonte Springs, referred to as "City Plan
2030"; and
WHEREAS, on the Planning Board of the City of Altamonte Springs,
Florida, held public hearing on the proposed amendments to the Comprehensive
Plan to change the future land use designation of this property; and
WHEREAS, public hearings on the proposed Comprehensive Plan
amendment hereinafter described were duly advertised and held by the City
Commission of the City of Altamonte Springs, and at such hearings interested
parties and citizens for and against the proposed plan amendment were heard;
and
WHEREAS, the City of Altamonte Springs, Florida, and its Land Planning
Agency have complied with the requirements of the Community Planning Act in
preparing the proposed amendment to the Comprehensive Plan; and
WHEREAS, the proposed amendment to be adopted by this Ordinance
complies with the statutory and regulatory requirements of the aforesaid Act.
NOW, THEREFORE, BE IT ENACTED BY THE CITY OF ALTAMONTE
SPRINGS, FLORIDA, AS FOLLOWS:
SECTION ONE:
This Ordinance is adopted in conformity with and
pursuant to the Community Planning Act, Sections 163.3161 through 163.3248,
Florida Statutes (2014), and the Municipal Home Rule Powers Act, Sections
166.011 through 166.0497, Florida Statutes (2014 ).
SECTION TWO: The Comprehensive Plan amendment approved by the
City of Altamonte Springs Planning Board on July 8, 2015 is hereby adopted and
approved.
SECTION
THREE:
The
following
described
property,
comprising
approximately 1.04+/- acres, is hereby designated a future land use of City
Commercial/Office:
Owners: Leon Investment Properties, Inc.
Address: That property located at the Southeast corner of West Town
Parkway and Pearl Lake Causeway in the City of Altamonte Springs,
Florida
more particularly described as follows:
Lot 7, LORRAINE COMMERCE PARK, AS RECORDED IN PLAT BOOK
26, PAGE 79, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
SECTION FOUR: Any and all Ordinances or parts of Ordinances in
conflict herewith be and the same are hereby repealed.
SECTION FIVE: If any provisions of this Ordinance or the application
thereof to any person or circumstance is held invalid, the invalidity shall not affect
other provisions or applications of the Ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this
Ordinance are declared severable.
SECTION SIX: This ordinance shall become effective 31 days after
ad optic n, unless cha lie nged prior to that date pursuant to Section 163. 31 87(5),
Florida Statutes, and if challenged shall become effective when a final order
determining compliance is issued by the state land planning agency.
PASSED THIS _ _ _ DAY OF _ _ _ _ _ _ , 2015.
FIRST READING: _ _ _ _ _ _ _ __
ADVERTISED: _ _ _ _ _ _ _ _ __
PAT BATES, MAYOR
CITY OF ALTAMONTE SPRINGS, FLORIDA
ATTEST:
ERIN O'DONNELL, CITY CLERK
Approved as to form and legality
for use and reliance of the City
of Altamonte Springs, Florida
JAMES A. FOWLER, CITY ATTORNEY
AN ORDINANCE OF THE CITY OF ALTAMONTE
SPRINGS, FLORIDA, AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF ALTAMONTE
SPRINGS, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM 1-L (VERY LIGHT
INDUSTRIAL) TO
MOC-1
(MIXED OFFICE
COMMERCIAL) ON THAT PROPERTY LOCATED
AT THE SOUTHEAST CORNER OF WEST TOWN
PARKWAY AND PEARL LAKE CAUSEWAY AND
MORE
PARTICULARLY
DESCRIBED
HEREIN; FINDING CONFORMITY WITH STATE
STATUTES AND THE COMPREHENSIVE PLAN OF
THE CITY OF ALTAMONTE SPRINGS; PROVIDING
FOR CONFLICTS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, public hearings on the question of zoning of the property
hereinafter described were duly advertised and held by the City Commission of
the City of Altamonte Springs, Florida, and at such hearings interested parties
and citizens for and against the proposed zoning were heard; and
WHEREAS, the City of Altamonte Springs, Florida, and its Land Planning
Agency have complied with the requirements of the Municipal Home Rule
Powers Act, Sections 166.011 through 166.0497, Florida Statutes (2014), in
considering the proposed zoning; and
WHEREAS, after said public hearing, the City Commission of the City of
Altamonte Springs, Florida, has determined that the said property shall be zoned
from the classification of 1-L (very light industrial) to MOC-1 (mixed office
commercial) as this classification is defined in the Land Development Code of the
City of Altamonte Springs, Florida, and has further determined that said zoning is
consistent with "City Plan 2030," the Comprehensive Plan of the City of
Altamonte Springs, Florida.
NOW, THEREFORE, BE IT ENACTED BY THE CITY OF ALTAMONTE
SPRINGS, FLORIDA as follows:
SECTION ONE: That the Official Zoning Map of the City of Altamonte
Springs, Florida, be and the same is hereby amended as follows:
The property legally described as: Lot 7, LORRAINE COMMERCE
PARK, AS RECORDED IN PLAT BOOK 26, PAGE 79, PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA
be and the same is hereby designated and assigned the zoning classification of
MOC-1 as this classification is defined in the Land Development Code of the City
of Altamonte Springs, Florida.
SECTION lWO:
This ordinance is adopted in conformity with and
pursuant to "City Plan 2030," the Comprehensive Plan of the City of Altamonte
Springs, the Community Planning Act, Sections 163.3161 through 163.3248,
Florida Statutes (2014), and the Municipal Home Rule Powers Act, Sections
166.011 through 166.0497, Florida Statutes (2014).
SECTION THREE: If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, the invalidity shall not affect
other provisions or applications of the ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this
ordinance are declared severable.
SECTION FOUR: Any and all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed to the extent of the conflict.
SECTION FIVE: After its final passage, this ordinance shall become
effective concurrently with the effective date of City of Altamonte Springs
Ordinance 1688 - 15 (the comp plan ordinance).
PASSED AND ADOPTED THIS
DAY OF _ _ _ _ , 2015.
FIRST READING: _ _ _ _ _ _ __
ADVERTISED: _ _ _ _ _ _ _ _ __
PAT BATES, MAYOR
CITY OF ALTAMONTE SPRINGS, FLORIDA
ATTEST:
for use and reliance of the City
l-'-A--~"-f"r-7•'b'ft--'
~l--~~~~.L--~~~~~-r-t,__~~~~1
<(
Pearl Lake causeway
/
Type of Application:
Rezoning and
Future Land Use Map Amendment.
_
Address:
Southeast corner of West
Town Parkway and Pearl Lake Causeway.
Map Date : June 17, 2015
Municipal Planning. Board
Staff Report
City of Altamonte Springs
Growth Management Department
APPLICATION INFORMATION
DATE OF HEARING:
July 8, 2015
REQUEST FOR
APPROVAL OF:
Future Land Use Amendment· Ordinance 1688·15
Rezoning-Ordinance 1689-15
PUBLIC HEARING:
Yes
PROJECT NAME:
Pearl Lake Causeway FLUM & Rezoning
PROJECT NUMBER:
15-21000001
PROPERTY LOCATION:
Southeast Corner of Pearl Lake Causeway and West Town
Parkway
PARCEL ID NUMBER:
16-21-29-507-0000-00 70
PROJECT
REPRESENTATIVE { S):
Property Owner:
Maurizio Leon
Agent:
Robert Atkins
Leon Investment
Properties, Inc.
Atkins Commercial Real
Estate, LLC
TRACT SIZE:
+/-45,150 square feet (1.04 acres)
ACTIVITY CENTER:
None
A vicinity map for the subject property is enclosed. Legal descriptions and sketches of
description have been provided by the applicant and are on file with the Growth
Management Department.
Page 1
Agenda Item 3a
STAFF FINDINGS
1.
REQUEST.
The Applicant requests a change of the future land use designation from Industrial
to Commercial/Office and a rezoning from 1-L Very Light Industrial to MOC-1 Mixed
Office Commercial. The property is currently vacant. The adjacent properties have
the following zoning designations:
Direction
Jurisdiction
Future Land Use
Zoning
West
City
Low Density
Residential
R-lA
North
City
West Town
Center
MOR-2
South
City
Industrial
IL
Abiding in Christ Ministries,
Inc., Internet video studio
and office•
East
City
Industrial
IL
Magnolia Rainer Office
Building (Z88.3 Radio) Radio
station studio and office.
Warehouse and office space
(approved under prior zoning
code)
Use
Brantley Estates Subdivision
Consulate Health Care
*Professional Offices and Professional Service uses, which include business offices, data processing and
computer centers, to include a web site design office, approved as a similar and compatible use in 2006
by the Growth Management Director. The original development was an Internet web hosting company.
The property owner proposes to develop the property with a daycare and office use,
neither of which are permitted in the 1-L zoning district. The MOC-1 zoning district
wlll permit these two uses. In order to be eligible for MOC-1 zoning, the future land
use map would need to be changed to Commercial/Office.
As shown on the enclosed zoning map, other lands zoned MOC-1 exist along SR 434,
and a large tract of MOR-2 Mixed-Office/Residential zoning exists on the north side of
West Town Parkway. MOR-2 zoning is a desirable transitional zoning for the subject
property and would normally be the preferred option. However, child care centers
are not permitted in MOR-2 districts outside of activity centers.
In order to balance the applicant's proposed uses of daycare and office with the
objective of implementing a transitional zoning and not having full commercial
activity jump over to Pearl Lake Causeway, staff is recommending approval of the
request with the condition that the MOC-1 zoning be restricted to prohibit retail-
Page 2
Agenda Item 3a
related uses and restaurants, lounges, bars, or other drinking or dining
establishments. Such a restriction would prohibit the following MOC-1 district uses:
•
•
•
•
•
•
•
Auto/home supply stores
Convenience stores
Hardware stores
Restaurants with or without lounges
Retail stores and shops
Supermarkets
Major alcoholic beverage establishments (on-premises consumption of beer,
wine, or liquor with less than 51% of gross revenue from sale of food and
nonalcoholic beverages)
Staff has created a table that compares the permitted and conditional uses in the
MOC-1 and MOR-2 zoning districts for reference. The table i.s located at the end of
this report.
2. GENERAL FINDINGS.
Staff reviewed the application submitted by the Applicant, and offers the following
general comments:
1. The proposed change of land use and rezoning is consistent with the
Comprehensive Plan and the Land Development Code. The request, ifrestricted,
is consistent with the development patterns and surrounding land uses in the
area.
2. Development of the subject property shall conform to the City's Land
Development Code and applicable City rules and regulations,
3.
Pursuant to the Intergovernmental Planning Coordination Agreement of 1997, on
June 23, 2015 the Seminole County Planning Staff was provided with information
related to this request.
4. The request for a future land use map change is considered a small scale
Comprehensive Plan amendment because it does not exceed 10 acres.
5. The proposed rezoning complies with the minimum parcel size requirement of
Land Development Code section 3.4.6.1, which states the following: Except
where the proposal for the rezoning of property involves an extension of an
existing district boundary, no change in the zoning classification of land shall be
considered which involves less than 40,000 square feet of area and 200 feet of
street frontage.
Page 3
Agenda Item 3a
3. STAFF ANALYSIS OF REQUEST.
A. REVIEW REQUIREMENTS:
In accordance with subsection 3.4.3.1 of the City's Land Development Code for
Comprehensive Plan amendments and rezonings the Planning Board shall
consider the following issues before making a recommendation to the City
Commission.
1.
The proposed change is not contrary to the established land use pattern.
This block consists of office type uses and a retention pond.
2.
The proposed change, if restricted, will not create an isolated district. In
this case, the proposed change will be consistent with the established
land use pattern and will act as a transitional district between the light
industrial to the east and the residential to the west.
3.
The proposed change would not alter the population pattern and is
expected to develop commercially, not residentially.
4.
The existing district boundaries are logically drawn in relation to existing
conditions on the property proposed for the change as seen on the
vicinity map.
5.
The proposed change would not be contrary to the land use plan and
would not have an adverse effect on the Comprehensive Plan.
6.
Development in the area has changed the character of the area enough
to warrant the passage of the proposed amendment. The industriallyzoned properties in this area have developed with uses not typically
considered industrial, the land is located on a four-lane major collector
roadway, and single-family subdivisions have developed to the west.
7.
The proposed change will not adversely influence living conditions in the
area.
8.
The proposed change will not create or excessively increase traffic
congestion or otherwise affect public safety.
9.
The proposed change will not create a drainage problem as the property
is vacant. Drainage matters will be address at the site plan review stage
at the time of development.
10.
The proposed change will not reduce light or air to adjacent properties as
the property is vacant. Proposed development on this site as well as in
the immediate area is for similar uses and will be held to the
requirements of the Land Development Code.
Page 4
Agenda Item 3a
11.
The proposed change is not expected to adversely affect property values
in the adjacent area.
12.
The proposed change will not be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations
as this parcel will follow those same regulations. All development will be
subject to the regulations, guidelines, and benefits under the City's Land
Development Code.
13.
The proposed change, if restricted, will not constitute a grant of special
privilege to an individual owner.
14.
There are substantial reasons why reasonable use of the property is
improved with the proposed zoning. The proposed MOC-1 zoning will
allow a wider range of potential uses with less potential impact than
industrial uses. The owner's proposed daycare and office uses are two
such examples.
15.
There are substantial reasons why a reasonable use of the property
cannot be accomplished under existing zoning. The property's location
lends itself more to transitional uses and neighborhood-oriented uses
than industrial uses.
16.
The proposed change is not out of scale with the needs of the area or the
city.
17.
The proposed use of the property is for child care center and office
development which is compatible with the surrounding land use of the
adjacent property.
18.
This action does not place restrictions on any other matters which the
City Commission is authorized to regulate.
B. CONSISTENCY WITH THE COMPREHENSIVE LAND USE PLAN:
Future land use amendment requests are reviewed for consistency with the
policies of the Comprehensive Plan and must also show consistency with the
overall designation of land uses as depicted on the Future Land Use Map.
According to Policy 1-1.2.26 la) of the City of Altamonte Springs Comprehensive
Plan, Commercial/Office areas shall be regarded as areas that serve local and
related needs within the community. Office uses within Commercial/Office areas
are compatible with adjacent community shopping and Activity Center uses and
may be used as a buffer between these areas and adjacent residential uses. The
Subject Property is proposed to offer childcare services to serve the needs of the
residential community, while creating a buffer between light industrial
properties, the West Town Activity Center, and the residential areas.
Page 5
Agenda Item 3a
According to Policy 1-1.2.26 (d), the Commercial/Office areas with MOC-1 Mixed
Office/Commercial zoning shall be located on major collectors or roadways in a
higher classification, and located along the SR 434 corridor between
Douglas/Markham Woods Road and Montgomery Road . The subject property is
located on West Town Parkway, which is a major collector.
C. CONCURRENCY WITH PUBLIC FACILITIES:
In accordance with the comprehensive plan, Policy 2-1.1.1: Exception from Statemandated Transportation Concurrency, development/ redevelopment within the
City is exempt from state-mandated transportation concurrency. However other
impacts on public facilities have been reviewed as described below.
As directed by the State of Florida when assigning a future land use designation
to a property, analysis of impacts created by proposed development on the site
are to be measured at the highest and most intense use allowed under the
proposed future land use designation regardless of the Applicant's development
plan or confines as the result of concurrency. The maximum intensity allowed by
right in the MOC-1 zoning district is a floor area ratio of 0.35. The following
analysis is based on this use and intensity scenario.
1. Potable Water
Potable water lines are accessible to the subject property and there is
available capacity in the City system to accommodate the proposed
development. Please see the attached St. Johns River Water Management
District Potable Water Availability Worksheet.
2. Sanitary Sewer
Sanitary sewer lines are accessible to the subject property. Currently the
City's sanitary sewer/reclaimed water system operates at approximately 50%
of the design capacity and has available capacity to accommodate the
project's needs.
3. Stormwater
Stormwater requirements are handled during the site plan review process
and are also subject to the Department of Environmental Protection and St.
Johns River Water Management District review and permits.
4. Parks and Recreation and Public School
As the subject property is proposed to be developed as commercial,
recreation and public school concurrency is not applicable.
Page 6
Agenda Item 3a
As per Article 11, Concurrency Management, of the City's Land Development
Code, Comprehensive Plan Amendments and Rezoning requests are considered
Type II Preliminary Development Orders, and an internal concurrency test is
required. As indicated above, this internal test indicates capacity is available.
Future development on the subject property will be required to submit to a full
review for adequate public facilities based on the actual proposed development
plan.
D. POTENTIAL IMPACT ON ENVIRONMENTAL QUALITY:
The subject property is not in a flood zone area pursuant to information on the
Federal E~ergency Management Agency's Flood Map Service Center
(https ://m sc. f ema.gov).
E. COMPATIBILITY WITH THE SURROUNDING AREA:
The Applicant requests a change of the future land use designation of the subject
property to Commercial/Office and a rezoning to MOC-1. This proposed change,
ifrestricted, is compatible with the surrounding land uses.
4. FINDINGS.
Staff reviewed the proposed future land use amendment and rezoning request and
determined that applicable <;:oncurrency requirements have been met and that the
request is consistent with Policy 1-1.19.1 of the City's Comprehensive Plan and
subsection 3.4.3.1 of the City's Land Development Code.
5. NEXT STEP.
With the recommendation of the Planning Board, the City will draft a Restricted Use
Agreement for the owner's review and signature. This application will then be
presented to the City Commission. After Commission action, the future land use
amendment will be transmitted to the state and the Restricted Use Agreement will
be recorded in the public records.
Page 7
Agenda Item 3a
RECOMMENDATION
The Growth Management Department recommends that the Planning Board take the
following action (requires two separate motions):
1)
Recommend Approval of the requested comprehensive plan amendment to
change the future land use designation from Industrial to Commercial/Office.
2}
Recommend Approval of the requested rezoning changing the zoning
designation of the subject property from 1-L Very Light Industrial to MOC-1
Mixed Office Commercial, restricted to prohibit retail-related uses and
restaurants, lounges, bars, or other drinking or dining establishments.
Attachments:
1)
St. John's River Water Management District Potable Water Availability
Worksheet
2)
Future land use map
3)
Zoning map
ADVISEMENTS
Persons are advised that if they decide to appeal any decision made at this meeting, they will
need a record of the proceedings and for such purposes, they will need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based. The City of Altamonte Springs does not provide this
verbatim record . Persons with disabilities needing assistance to participate in any of these
proceedings should contact the City Clerk Department ADA Coordinator at least 48 hours in
advance of the meeting at (407) 571-8121(Voice) or (407) 571-8126 (TDD).
This report was prepared by the Altamonte Springs Growth Management Department, Planning
and Development Services Division (407) 571-8150.
S:\GM\Commission and Boards\BZA & Planni11g Board\REPORTS- Planning Board\Reports 2015\Pearl Lake Cswy fLUM and
Rezoning\Pearl Lake Cswy FLUM-Rezone PB Report.doc
Page 8
Agenda Item 3a
St. Johns River Water Management District
Potable Water Availability Worksheet
111is worksheet is for use by local governments submitting
comprehensive plan amendments to determine the availability of
potable water resources to serve proposed development.
Instructions and St. Johns River Water Management District
(SJRWMD) staff contact information are attaChed.
1. General Information
Date: May 21, 2013
Contact name: Janlie Coker
Phone:407-571-8146
[email protected]
Local government: City of Altamonte Springs
Potable water supplier: City of Altamonte Springs
E-mail:
2. Infrastructure Information
Water treatment plant permit number: FL3590026 Permitting agency: D_E_P_ _ _ _ _ __
Permitted capacity of the water treatment plant(s):17.96rnillion gallons a day (mgd)
Total design capacity of the water treatment plant(s): 21.03 (based on Firm Capacity)mgd
Are distribution lines available to serve the property? Yes [2j No D
If not, indicate how and when the lines will be provided: _ _ _ _ _ _ _ _ _ _ __
Developer responsible for extensions by City Code to service site.
Are reuse distribution lines available to serve the property? Yes l'2J No D
If not, indicate if, how and when the lines will be provided: _ _ _ _ _ _ _ _ _ __
Developer responsible for extension by City Code to service site.
3. SJRWMD Consumptive Use Permit (CUP) Information
CUP number: 2-117-8372-2
Expiration date: _3_/8_/_2_0__
26_ _ _ _ _ _ __
Total CUP duration (years): ---,--20=--+y~e=arc_=s_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CUP allocation in last year of permit: 3~·~2_4_1._2_m
____g.,,__y_ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Current status of CUP:
In compliance l'2J
Not in compliance D
Allocations to other local governments: Fern Park (Seminole County)
Reserved capacity: _N~o~n~e~--------------------------
4. Consumptive Use Analysis
Designate mgd D or mgy fgl
A. Current year CUP allocation:
B. Consumption in th~rcvious calendar year:
C. Reserved capacity~ or growth projection D (check the one used):
D. Projected consumption by f,roposed comprehensive plan amendment areas
E. Amount available for all ot 1er future uses (A - n - c - o = E):
2,974.00
1,895.84
267.41
31.19
748.70
If the amount in Eis zero or a negative number, explain how potable water will be made
available for future uses:
-------------~-------------
This worksheet is available electronically at http://www.sjrwmd.comlprogramsloutreachllocal_govl
912/03
PEARL LAKE CAUSEWAY FLUM AND REZONING APPLICATION
COMPARISON OF PERMITTED AND CONDITIONAL USES IN
MOC-1 DISTRICT TO MOR-2 DISTRICT
Prepared June 29, 2015 by the City of Altamonte Springs
Key:
P = Permitted Use; CU
=Conditional Use; Blank = Not a Listed Use in District.
Highlighted uses are uses the applicant has proposed for the subject property.
~tnu:t< thFs1::1gh uses are recommended to be restricted (retail-related uses, restaurants, lounges,
bars, or other drinking or dining establishments) .
w/ Office/Comm FLU
MOR-2
{Alternative)
w/ Office/ Res FLU
p
p
MOC-1
(Proposed District)
Uses
Residential Related Uses
Multifamily and townhome dwellings and customary
accessory uses and structures
Community residential homes with one to 14
residents in multifamily dwelling units (see section
3.44.23, Community residential homes)
Home occupations
Nursing homes
Retirement centers, adult congregate living facilities
(only as part of a multi-use
or mixed-use project}
p
p
p
p
p
p
p
Commercial ;;tnd Jnstitutional Uses
A wtg,ll:ieFRe !iWpp l'f !it9Fe&
~
Broadcasting studios, but not freestanding
communication towers
Business service uses (see definition below table)
Child care centers
l;QR1,10Ri@R(;@ !itQF@!i 0 XG@p~ g;u;g liR@ awtQ !il3Fl1liGe
p
p
p
~
p
p
p
p
p
p
p
Garage, parking
p
p
p
l=l;;11:dwai:e 5tQFQ5
µ
Data processing and computer centers
Dental/medical clinics and laboratories
Financial institutions
Fire and police stations
Furniture, furnishings and equipment
Health and fitness centers
Laundry and dry cleaners on-premises only, does not
include distribution centers
Offices, professional, business, physician or
gove rnmenta I
1
p
p
p
p
p
Uses
Office-showroom uses where no more than 40
percent of the building may be used for storage or
warehousing (see definition below table)
Personal service uses (see definition below table)
Post offices
Professional service uses (see definition below table)
Public colleges and universities
Public parks, recreation areas
Quick copy printing shops
~esta1.1FaRts •Nitt:i eF witt:ie1.1t l01.1Rges
Retail steFe5 aREl 5A8f35 with Rs 01.1t5ise 5teFage
~ 1.113eFFR aFket5 Oa 1Jt Ret te i REl 1:18 e wirn le5a le feed
~
Support commercial uses will be permitted only in
an activity center as part of an office or mixed-use
office/residential project. Sup po rt commercial uses
may occupy 20 percent of the total acreage at a
maxim um FAR of 0.20. These businesses include:
(1) Retail stores and shops, with no outside
storage;
(2) Personal service uses;
(3) Restaurants with or without lounges;
(4) Health and fitness centers;
(5) Child care centers;
(6) Professional services uses.
Veterinary clinics with no outside kennels
MOC-1
(Proposed District)
MOR-2
(Alternative)
w/ Office/Comm FLU
w/ Office/Res FLU
p
p
p
p
p
p
p
p
p
p.
p.
p.
p
p
MOC-1 List of Conditional Uses
Automobile service stations
Carwashes
Funeral homes
Gasoline pumps as an accessory use
Hospitals
Houses of worship with their attendant educational
and recreational buildings and off-street parking
Libraries, community centers, civic centers,
museums
MajeF alEeRel esta91isRFReRt5 (see definition below
table)
Nonprofit clubs
Private colleges and universities
Public local schools, and private and parochial
schools (pre-kindergarten through grade 12)
2
cu
cu
cu
cu
cu
cu
cu
cu
p
(civic centers are only in
activity centers)
G6l
cu
cu
cu
cu
cu
Uses
Public utility installations where need can be
demonstrated
Treatment and rehabilitative facilities
Vocational, trade and business schools
Wholesale distributors with no outdoor storage
MOC-1
(Proposed District)
MOR-2
(Alternative)
w/ Office/Comm FLU
w/ Office/Res FLU
cu
cu
cu
cu
cu
p
p
Conservation Uses
p
Conservation are as
The subject property is not within an activity center, so the table does not include other uses that are only
permitted in activity centers or uses that are not applicable to this situation.
Definitions:
Alcoholic beverage establishments. Term applies to those establishments selling alcoholic beverages
and includes bars, nightclubs, cocktail lounges, package store and similar businesses. For the purposes of
these regulations, such establishments shall be classified as follows:
(a)
Minor establishment. Those businesses selling beer, package only; wine, package only; beer and
wine, package only; liquor, package only. Does not allow for on-premises consumption of beer,
wine or liquor.
(b)
Major establishment. Those businesses selling beer, package and on-premises consumption;
wine, package and on-premises consumption; beer and wine, package and on-premises
consumption; and liquor, package and on-premises consumption.
(c)
Restaurant establishment. Those businesses equipped to serve full-course meals at tables and
deriving at least 51 percent of their gross revenue from the sale of food and nonalcoholic
beverages.
Business service. A permitted use with a primary purpose of rendering services to business
establishments generally in all commercial and industrial areas and the MOR-2, MOR-3, C-L, C-G, MOl-1,
MOl-2 MOC-1, MOC-2, MOC-3, PUD commercial and PUD mixed other. Permitted uses for business
services include:
(a) Advertising;
(b} Consumer reporting agencies;
(c) Commercial art and photography;
(d) Employment agencies;
(e) Computer programming/software systems;
(f) Photo finishing laboratories;
(g) Appraisers;
(h) Bond agencies;
(i) Convention bureau;
{j) Fund raising-Contractor fee;
(k) Interior decorating/consulting service;
(I) Message and telephone service;
(m) Microfilm recording and developing service;
(n) Notary public;
(o) · News desk;
3
(p) Packing and labeling service;
(q) Paralegal service;
(r) Parcel packing service;
{s) Tax collecting agencies;
(t) Tax title dealers;
(u) Telemarketing;
(v) Tourist information bureaus;
(w) Welcoming service;
(x) Security systems services;
(y) Any other similar and compatible use as determined by the growth management director.
Office showroom. Office showroom is primarily a type of wholesale distributor use. It is an
establishment where the principal use is the selling of goods or merchandise to the general public in either
small lots or bulk quantities. Items for sale are displayed in a showroom. Warehousing or storage of goods
or me rcha nd ise us ua fly aIsa occurs. Any assembly of mate ria Is wil I be considered as an accessory use. The
office section of the use is where office related business occurs or where sales are transacted. In several
districts office showroom is stated as a permitted use. If office showroom is not specifically stated as a
permitted use, then it would be classified as a wholesale distributor use and regulations pertaining to
wholesale distributor uses would be enforced.
Personal service uses. A land use primarily engaged in providing services involving the care of a
person, his or her apparel, or small appliances, and including any of the following uses:
(a) Appliance service;
(b) Barbershops;
(c) Beauty shops;
(d) Laundromats;
(e) Shop repair;
(f) Radio and television repair;
(g) Tailoring;
(h) Books, stationery and newsstands;
(i) Pharmacy, drug store.
Professional services uses. A land use primarily engaged in providing services to support an office
related business to include the following uses:
{a) Office, business;
(b) Office, professional;
{c) Office, governmental;
(d) Office, supply store;
(e) Quick copy printing shop;
(f) Broadcasting station, except no tower;
(g) Data processing and computer center.
4
M C-1
Lowe's
MOC-1
ORANGE AVE
Oasis at
Pearl Lake
Consulate
HealthCare
West Town
Corners
West Town Comers
MOC-1
R""3
Request: FLUM Amendment and Rezoning
Location: SEC of S. Pearl Lake Cswy and West
Town Pkwy
Map Date: June 2015
Legend
City Boundary
Subject Property
Rezoning Map Amendment
West Town
FLU
Lowe's
/
r
ORANGE AVE
Consulate
HealthCare
Industrial
VINERIDGE RUN
Gateway
Center
FLU
Legend
City Boundary
Subject Property
FLU Map Amendment
Request: FLUM Amendment and Rezon ing
Location : SEC of S. Pearl Lake Cswy and West
Town Pkwy
Map Date: June 2015
Municipal Planning Board
Altamonte
Meeting Minutes
July 8, 2015
6:30 P.M.
REGULAR MEETING
Board members present: David Konstan, Chairman; Lucius Cushman, Vice Chairman; Shereena
Dann; Paul Marczak; Robert Licato; and Charles Wallace.
Board member(s) absent: Bob O'Malley
Staff present: Tim Wilson, Director of Mobility; John Sember, Director of Gr9wth Management;
Cathleen Craft, Chief Planner; Katlyn Maillo, Development Specialist; Mary Sneed, Assistant City
Attorney; and Jackie Rivera, Recording Secretary.
REGULAR MEETING
The Chairman called the meeting of the Planning Board to order at 6:30 p.m.
1.
ANNOUNCEMENTS
a)
Document Submittal - The Chairman read the following statement into the
record:
Any documents being submitted or displayed for Board review will become the
property of the City and made a part of the application's official case file.
Pursuant to State of Florida public records law, said documents become public
record and are subject to public review. Submitted documents are not
returnable. Should you need copies for your records, direct your requests to the
Board Secretary.
b)
2.
Votes Required -The affirmative vote of four members of the Planning Board is
necessary for any item.
PRELIMINARY BUSINESS
a}
Approval of Minutes-June 10, 2015
Draft version - has not been reviewed and approved by the Planning Board
Page 1
City of Altamonte Springs, Planning Board
July 8, 2015
- Motion made to approve the minutes, for June 10, 2015, Planning Board
Meeting.
Motion made by Paul Marczak, seconded by Bob Licato. Motion carried
unanimously (6-0).
b)
3.
Disclosure of Conflicts of Interest - None
PUBLIC HEARINGS
a)
Project Name:
Project Number:
Project Type:
PEARL LAKE CAUSEWAY FLUM & REZONING
15-21000001
Rezoning/Amendment to the Future Land Use Map
Subject Property Address(es):
Southeast Corner of West Town Parkway and Pearl Lake Causeway
Mr. John Sember stated that this is a public hearing and showed proof of
publication. He explained that this is the first of three required public hearings.
The next two hearings will be before the City Commission, likely in October. A
public hearing notice will be sent to property owners within 300 feet regarding
those hearings, likely in September.
Mr. Sember displayed a map of the parcels within 300 feet of the subject
property and explained that, in the residential areas to the west of Pearl Lake
Causeway, the lots closest to the subject property would have received public
hearing notices but that the lots farther away would not. This results in a
situation where some residents in a subdivision received a notice while their
neighbors did not.
Ms. Katlyn Maillo stated that this item is a request for a future land use
amendment and rezoning of 1.04 acres. The vacant property is located on the
southeast corner of Pearl Lake Causeway and West Town Parkway and is not
located within an activity center. The applicant is requesting a future land use
amendment from Industrial to Commercial/Office and a rezoning from 1-L Very
light Industrial to MOC-1 Mixed Office Commercial to allow for future uses of a
daycare and an office which are not permitted or conditional uses in the 1-L
zoning district.
Ms. Maillo stated that the rezoning map included
other property zoned MOC-1 exist along SR 434,
Mixed-Office/Residential zoning exists on the north
The MOR-2 zoning is a desirable transitional zoning
with the staff report shows
and a large tract of MOR-2
side of West Town Parkway.
for the subject property and
Page 2
July 8, 2015
would normally be the preferred option; however, child care centers are not
permitted in MOR-2 districts outside of activity centers.
Ms. Maillo explained that in order to balance the applicant's proposed uses of
daycare and office with the goal of implementing a transitional zoning district
between the light industrial to the east and the residential to the west, staff is
recommending approval of the request with the condition that the MOC-1
zoning be restricted to prohibit retail-related uses and restaurants, lounges, bars,
or other drinking or dining establishments by entering into a Restricted Use
Agreement as a condition of approval which would be tied to the land which is
the subject of the rezoning.
Ms. Maille stated that the Growth Management Department reviewed the
proposed future land use amendment and rezoning request and determined that
applicable requirements have been met and recommends approval of the
request with the conditions listed in the staff report.
Mr. Sember stated that three people contacted him in response to the public
hearing notice. The first was Dick Davidson, a resident of Brantley Estates, who is
a homeowners' association board member. He called to obtain additional
informatio.n and was sent a copy of the staff report; the second person was Marc
Bahn of 1153 Brantley Estates Drive, who said he preferred the current zoning of
Very light Industrial. He said that he does not necessarily have a problem with
the request, but would want to see a specific plan for development before
considering it. The third person was Lee Chotas, an attorney representing Z88
Radio. Z88 owns the adjacent property to the east. Mr. Chotas submitted a
letter, copies of which were provided to the board members, Ms. Sneed, and the
applicant.
Mr. Sember explained that Z88 has a 120-foot high tower on their property
which is screened from the nearby residential properties by the trees on the
subject property. Z88 is concerned that the tower will be more visible to the
residential areas when the subject property is developed and the trees are
removed, which could lead to difficulties in the future if the tower ever needed
to be replaced or upgraded and a public hearing was involved. At a minimum,
they wished to ensure that it was disclosed that there is a tower on their
property that would become more visible. Mr. Sember went on to explain that
Z88 is the primary emergency signal broadcaster that sends emergency
broadcast signals to all of the other broadcasters in the area, and that they had
upgraded the tower a few years ago to fulfill that role. Under the current code,
the tower could be repaired or even replaced with a similar tower without the
need for a public hearing. A public hearing would be requir:ed should the tower
height increase above its current 120 feet height.
Page 3
July 8, 2015
Ms. Shereena Dann asked ifthe Restricted Use Agreement will limit the amount
of tenants occupying the subject property.
Mr. Sember responded that there is not a limit on the number of offices or units
occupying the building other than the size limitation, which is based on the area
of the property, required buffers, maximum floor area ratio, and any other
applicable land Development Code regulations.
The Chairman opened the public hearing.
Mr. Bob Atkins, representative of the property owner, Leon Investment
Properties, Inc., approached the Board and stated he concurs with staff's
re commend at ions.
Ms. Kathleen Furey-Tran of 1172 Brantley Estates wishes to have the uses of
parking garages and daycares restricted. She explained that a school bus stop is
directly across the street from the subject property and she believes that the
approval of this item will lead to additional traffic congestion in the mornings
when daycare drop-offs are occurring at the same time. Ms. Furey-Tran opined
that the application does not conform to the review standard number 8 because
the proposed change will affect traffic congestion and public safety. She believes
the request would also increase noise levels and decrease property values in
Brantley Estates.
Ms. Furey-Tran noted that Pearl Lake Causeway floods in front of the subject
property when it rains and explained that her property is beyond the 300-foot
notification area. She asked that she be notified of future hearings regarding this
application and Mr. Sember agreed to keep her informed.
Mr. Ed Burns, who resides at 665 Oak Hollow Way and serves as a member of
the Board of Directors of the Country Creek Estates, agreed with Ms. FureyTran's statements. Mr. Burns added that there is plenty of vacant commercial
areas in West Town Corners that should be used before additional property is
changed to commercial.
Mr. Dan Lopresto of 1125 Brantley Estates Drive stated he is a Brantley Estates
HOA board member and agreed with Ms. Furey-Tran's statements.
Mr. Atkins addressed the Board to respond to the public comments. He
countered that daycare traffic will not add to additional congestion since dropoff/pick-up routines vary and do not often occur at the same time. In response
to the noise concerns, Mr. Atkins added that he does not believe the sound of
children playing would be offensive to the community. He also said that from an
Page4
July 8, 2015
appraisal perspective, the property value will increase for the Brantley Estates
Subdivision.
Mr. Lucius Cushman asked if a parking garage can be added as a future use.
Mr. Sember replied that a parking garage is a permitted use listed in the Land
Development Code.
Mr. Cushman sought clarification regarding an increase in traffic and traffic
congestion.
Mr. Sember explained that the proposed change [and future development] will
increase traffic, but not create or excessively increase traffic congestion. The
change from industrial uses to commercial uses increases the amount of trips,
but not to the point of excessive congestion.
Mr. Sember stated that a trip generation report was required for the application
process and that the report was prepared by a traffic engineer, which concluded
that the requested rezone and future land use amendment would, at most,
reflect 7% of the capacity on Pearl Lake Causeway and 3% of the capacity of
West Town Parkway.
Mr. Sember stated that the table of uses provided with the staff report only
compared MOC-1 and MOR-2 uses. It did not include the allowable uses of the
Very Light Industrial zoning district and proceeded to name a few. A number of
those allowable uses include the manufacturing of glass, candles, shoes,
furniture, and electrical equipment; cold-storage and frozen food lockers;
greenhouses; wholesale; key and dry-cleaning shops; machine shops; mechanical
garages; truck terminals; technical and trade schools; gas pumps; printing shops,
radio studios; warehouse; cabinetry; upholstery; general government offices;
police and fire stations; and more. He added that MOC-1 Mixed Office
Commercial was better suited to the land than Very Light Industrial and was
selected because it is the lowest intensity commercial zoning that would allow a
daycare and office use.
Mr. Paul Marczak asked if a second public hearing is anticipated for a site plan
approval.
Mr. Sember replied if the site plan design deviates more than 15% from the
standard code then it would require a public hearing before the Planning Board.
The Chairman closed the public hearing and asked for a motion.
Page 5
July 8, 2015
A motion was made to recommend approval of the requested comprehensive
plan amendment to change the future land use designation from Industrial to
Commercial/Office.
Motion made by Paul Marczak, seconded by Charlie Wallace. Motion carried
unanimously (6-0).
A motion was made to recommend approval of the requested rezoning changing
the zoning designation of the subject property from 1-L Very Light Industrial to
MOC-1 Mixed Office Commercial, restricted to prohibit retail-related uses and
restaurants, lounges, bars, or other drinking or dining establishments, as well as
parking garages.
Motion made by Paul Marczak, seconded by Shereena Dann. Motion carried
unanimously (6-0).
4.
PRELIMINARY PLANS ANO PLATS
a)
Project Name:
Project Number:
Project Type:
BRADSHAW CENTER-A REPLAT AND DEVELOPMENT PLAN
14-50000005
Minor Plat and Development Plan
Subject Property Address(es):
798 & 820 WEST TOWN PARKWAY
Applicant:
Jason P. Mahoney, PE
Leopoldo J. Ayala, PE
Owner:
Scott Fish
Surveyor:
Lochrane Engineering, Inc.
CPH, Inc.
UP Fieldgate US InvestmentsBradshaw, LLC
Christopher LaBerge, PSM Lochrane Engineering, Inc.
At staff's request, the Board agreed to hear agenda item 4b, the Walmart Site
Plan, before item 4a, the Bradshaw Center Development Plan and Plat. Both
items concerned the Walmart project and the change in order was requested
because the site plan includes more of the significant details related to the
development.
Ms. Cathleen Craft stated that this request consist of two components: Bradshaw
Center, a Replat and the supporting development plan. The subject property is
made up of lands that are currently part of the West Town Center, Replat and
includes the project formerly known as the Links at 434 and the Macy's store
property and associated open space tracts. She explained that the Bradshaw Center
Development Plan demonstrates how the proposed lots meet land development
code requirements and outlines the needed infrastructure for future development.
Page 6
LETTERS RECEIVED
1.
Letter received July a, 2015, from Lee Chotas of Chotas Consulting, LLC, regarding the Z88.3
Orlando property adjacent to the subject property. Staff presented this letter to the Planning
Board at the July 8 public hearing.
2.
Letter received July 15, 2015, from Richard Davidson, a property owner in Brantley Estates. lt was
received between the July 8 Planning Board hearing and the August 5 meeting City staff held with
homeowners in Brantley Estates. At the time it was sent, Mr. Davidson had requested that this
letter be provided to the City Commission.
CHOTAS CONSULTING, LLC
Lee Chotas, Principal
1205 Windsong Road, Orlando, FL 32809
[email protected], mobile (407) 256-3600, work (407} 256-3600
Mr. John Sember
Planning Department
175 Newburyport Ave.
Altamonte Springs, FL 32701
RECEIVED
JULO 8 2015
Re: Pearl Lake Causeway FLUM and Rezoning #15-21000001
Dear Mr. Sember.
GROWTH MANAGEMENT
This firm represents Z88.3 Orlando, which owns a parcel ofland adjacent to the
subject parcel. We recognize that a property owner has rights, which rights must be
respected for our system to work. We also recognize that to achieve a well
conceived FLUM and rezoning of property the proposed use must be compatible
with neighboring uses. Our client is concerned that the use approved for this parcel
does not negatively impact its flexibility in pulling permits to repair or replace the
existing 120 foot tower if it becomes damaged and/or as it ages or technology
changes. Essentia!Jy that means disclosing to the neighbors what changes may
occur so that they are not surprised and their site developments are approved with
the tower use in mind. Our client also would like to relocate the existing emergency
generator behind its 1067 building adjacent to the subject property, the permitting
of which will precede your receipt of a development permit for the subject property.
Should either of these concerns be addressed in the Restricted Use Agreement
should the ordinances be approved? Thank you for your consideration.
Regards,
S/Lee Chotas
Lee Chotas
Cc: James Hoge, Z88.3-0rlando
Richard Davidson
l HO .Brantley Estates Dri\•e• Altamonte Springs, Florida .!!27H
Phone: 407-869-5096 •E-Mail: [email protected]
Date: July IS, 201.5
RECEIVED
Mr. John Sember
Director of Growth Management
226 Newburyport Avenue
Altamonte Springs, Florida S270I
JUt 1 5 2015
GROWTH MANAGEMENT
Dear John;
Thank you for the information you have provided us regarding the Pearl Lake O;wy & West Town
Pkwy FLUM Rezoning Application ("Application"). I have passed on the information to a number of
interested, and in some cases, concerned, residents here in the adjourning Brantley Estates Subdivision.
I have several issues with the Application and the staff report, and ask that this Jetter be submitted as
part of the Application package to the Board.
I do not argue that there may be uses that would be very inappropriate for this transitional area which
would be allowed as a matter ofright under the existing Light Industrial classification. Nevertheless,
the location of this small one-acre parcel on the corner of Pearl Lake Causeway and West Town
Parkway represents an important buffer or transition between commercial and industrial uses, and a
major residential area. Any radical change to this parcel extending high density commercial uses to this
corner is unwise for several reasons:
I.
It would allow uses which constitute spot zoning and can be very incompatible with the
surroundings, especially the residential area.
2.
Commercial zoning, spedfically the heavy commercial classification of MOC-1 (the same
clo.ssif1cation as lines the busy SR 4S4 corridor to the immediate cast) allows a wide range of
possible commercial uses immediately adjacent to Brantley Estates subdivision and other
properties along the west side of Pearl Lake Causeway. The applicant apparently wants the
higher MOC-1 classification rather than a more limited MOC-2 classification because the latter
does not allow childcare, a vague use possibility which the applicant suggests. Though there is
no specific site pl.an or commitment to this use, of which I am aware, once the zone change is
passed, many wies are available as a matter of dght {unless specifically precluded in the final
resolution).
S.
Even ifone could argue that a child care facility was a good use of this parcel (though many
could argue it would create a traffic ha;r;ard to a parcel at the corner of two busy streets), the
failure to have a binding site plan approval as to design, access, and use, prior to any zoning
change, does not protect the many residents in the area.
Page'J
4.
The City should require a transitional use for this corner lot, blending i~ into the current uses
on both sides of the crossing streets at this corner. It clearly is a Jocation for low impact office
use, and not for an extension 'of the high traffic commercial use fuund on the properties along
SR 454, a short distance to the east.
I recognize the owner of this subject parcel has the right to use his property for his profit.
Nevertheless, such use should be compatible with the best design for development and the
enhancement of the neighborhood, not the increase in negative effects.
Thank you for the opportllllity to submit this material to the Board for its consideration.
Official Use Only
. Commission A c t i o n : - - - - - - - - City M a n a g e r : - - - - - - - - - - -
SUBJECT: Ordinance No. 1690-15 (1st reading) - Land Development Code Amendment for the regulation
of medical marijuana retail centers and marijuana-related land uses.
The proposed amendment regulates medical marijuana-related uses within the City of Altamonte
Springs. The regulations would allow medical marijuana retail centers in the Mixed-Office/Industrial
and Very Light Industrial zoning districts by conditional use, establishes a review process and det1;1iled .
standards and considerations for review, and prohibits other types of marijuana~related uses in all
zoning categories.
This is a citywide ordinance. If approved by the City Commission, the existing temporary moratorium
on the operation of low-THC cannabis dispensing organizations and medical marijuana facilities within
the City of Altamonte Springs will be rescinded and these regulations shall be in place.
At its November 11, 2015 meeting, the Planning Board recommended the approval of the proposed
ordinance for amendment to the land development code.
FISCAL INFORMATION: Not applicable
RECOMMENDED ACTION:
APPROVE Ordinance No. 1690-15 on first reading, and SET second reading for December 1, 2015.
Initiated by: Tina Demostene, Growth Management
AN ORDINANCE OF THE CITY OF ALTAMONTE SPRINGS,
FLORIDA, RELATING TO MARIJUANA; AMENDING THE CODE
OF ORDINANCES, CHAPTER 28, "LAND DEVELOPMENT
CODE," BY AMENDING ARTICLE I, "GENERAL PROVISIONS,"
SECTION 1.2.2, "DEFINITIONS," TO PROVIDE DEFINITIONS;
BY AMENDING ARTICLE Ill, "ZONING REGULATIONS," TO
AMEND DIVISION 5, "LAND USES NOT ALLOWED," SECTION
3.5.1, "LAND USES NOT ALLOWED," TO PROHIBIT VARIOUS
RELATED
USES
AND
NONMARIJUANA
MEDICAL/RECREATIONAL MARIJUANA USES IN ALL ZONING
CATEGORIES; TO AMEND DIVISION 14, "1-L - VERY LIGHT
INDUSTRIAL DISTRICT," SECTION 3.14.3, "CONDITIONAL
USES," TO PROVIDE THAT MEDICAL MARIJUANA RETAIL
CENTERS ARE A PERMITTED CONDITIONAL USE; TO AMEND
DIVISION 21, "MOl-1 MIXED OFFICE INDUSTRIAL DISTRICT,"
SECTION 3.21.3, "CONDITIONAL USES," TO PROVIDE THAT
MEDICAL MARIJUANA RETAIL CENTERS ARE A PERMITTED
CONDITIONAL USE; TO AMEND DIVISION 22, "MOl-2 MIXED
OFFICE
INDUSTRIAL
DISTRICT,"
SECTION
3.22.3,
"CONDITIONAL USES," TO PROVIDE THAT MEDICAL
MARIJUANA RETAIL CENTERS ARE A PERMITTED
CONDITIONAL
USE;
TO
AMEND
DIVISION
44,
"SUPPLEMENTAL DISTRICT REGULATIONS", BY ADOPTING
SECTION 3.44.8, "MEDICAL MARIJUANA RETAIL CENTERS,"
TO
PROVIDE
ADDITIONAL
STANDARDS
AND
CONSIDERATIONS FOR APPROVAL OF A CONDITIONAL USE
APPLICATION FOR A MEDICAL MARIJUANA RETAIL CENTER,
AND TO AMEND SECTION 3.44.27, "HOME OCCUPATIONS,"
TO PROHIBIT MARIJUANA-RELATED HOME OCCUPATIONS;
PROVIDING
FOR
CONFLICTS;
PROVIDING
FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the 2014 Florida Legislature approved Senate Bill 1030 providing forthe
growing, processing, and distributing of specific forms of low-THC (non-euphoric) cannabis
to qualified patients and their caregivers for the treatment of listed medical conditions, which
became effective on June 16, 2014 as Chapter 2014-157, Laws of Florida, and is codified
at Section 381.986, Florida Statutes ("Senate Bill 1030"); and
1
WHEREAS, the Florida Department of Health has adopted rules implementing
Senate Bill 1030; and
WHEREAS, despite the adoption of Senate Bill 1030, the activities it condones
remain illegal under federal law; and
WHEREAS, on November 4, 2014, Florida voters narrowly rejected an amendment
to the Florida Constitution to allow for broader medical use of any kind of marijuana
(including euphoric strains) within the State; and
WHEREAS, as of September 2015, the Florida Division of Elections has approved
proposed initiatives for placement on the November 2016 ballot proposing to amend the
Florida Constitution to authorize recreational use of cannabis, if the required number of
signatures are obtained to place the initiatives on the ballot; and
WHEREAS, in addition to the potential recreational initiatives, a medical marijuana
initiative is also collecting signatures for placement on the ballot for the November 2016
election, which would amend the Florida Constitution to authorize medical marijuana
(hereinafter the "proposed 2016 ballot initiative"); and
WHEREAS, the Florida legislature may consider and enact legislation permitting the
use of additional alternative forms of medical marijuana (medical marijuana in all its forms
including low-THC cannabis, together referred to as "medical marijuana") and alternative
dispensing methods (including, but not limited to, smoking and food products); and
WHEREAS, the failed Constitutional Amendment, as well as the proposed 2016
ballot initiative, authorizes and defines "Medical Marijuana Treatment Centers" to
encompass the entire supply chain {cultivation, processing, storage, distribution, etc.), not
just retail sales to qualified patients; and
WHEREAS, if the proposed 2016 ballot initiative secures the requisite signatures, is
placed on the ballot, and approved, it will amend the Florida Constitution to permit the use
2
of additional alternative forms of medical marijuana (medical marijuana in all its forms
WHEREAS, in the event the Florida legislature enacts legislation expanding the
approved forms of medical marijuana and alternative dispensing methods for medical
purposes, or in the event the proposed 2016 ballot initiative for medical marijuana or one of
the proposed 2016 ballot initiatives for non-medical/recreational marijuana passes, the City
Commission believes it is in the best interests of the citizens of Altamonte Springs to have
in place certain regulations regarding medical marijuana and non-medical/recreational
marijuana; and
WHEREAS, even in the event that no medical marijuana expansion is approved by
the Florida legislature or citizens in 2016, the trend of approval of medical and nonmedical/recreational marijuana initiatives in other states is evident, and the City Commission
believes it is in the best interest of the citizens of Altamonte Springs to have in place certain
regulations regarding medical marijuana and non-medical/recreational marijuana in the
event the laws in regard to same are amended by federal or state legislation, or by
constitutional amendment; and
WHEREAS, significant safety and security issues exist for any establishment
involved in the cultivation, processing or distribution of medical marijuana or nonmedical/recreationa! marijuana, because they maintain large drug inventories and are forced
to deal in cash as their activities have not been sanctioned by federal law; and
WHEREAS, such businesses are inherently attractive targets for criminals, and it is
therefore essential that the City limit the permissible scope of such uses and regulate them
3
to ensure their compatibility with surrounding businesses and the community, and to protect
and advance the public health, safety and welfare; and
WHEREAS, other attributes of land uses dealing with medical marijuana and non-
medical/recreational marijuana, such as odors, must be regulated to minimize their impact
on surrounding properties and uses and prevent the creation of attractive nuisances; and
WHEREAS, both Senate Bill 1030 and the proposed 2016 ballot initiative are silent
on the topic of local government regulation and, consistent with Florida caselaw governing
preemption, local governments are therefore not preempted from regulating marijuana uses;
and
WHEREAS, the City Commission has determined that it is in the best interests of the
citizenry and general public to prohibit non-medical/recreational marijuana businesses,
sales and uses within the City of Altamonte Springs to ensure the safety of businesses,
properties, the community as well as citizens and visitors to the City; and
WHEREAS, the City Commission conducted a first and second reading of this
Ordinance at duly noticed public hearings, as required by law, and after having received input
from and participation by interested members of the public and staff, the City Commission has
determined that this Ordinance is consistent with the City's Comprehensive Plan and in the
best interest of the City, its residents, and its visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
ALTAMONTE SPRINGS, FLORIDA, THAT:
SECTION 1.
Recitals.
The preceding "Whereas" clauses are ratified and
incorporated as the legislative intent of this Ordinance.
SECTION 2. Section 1.2.2, "Definitions," of Article I, "General Provisions," of Chapter
28, "Land Development Code," of the Altamonte Springs Code of Ordinances is hereby
4
amended to include the following definitions, which definitions shall be codified
alphabetically into the existing definitions set forth in said Section:
1.2.2 - Definitions.
* * *
Dispensing organization.
An organization approved by the Florida Department of
Health to cultivate, process, and dispense low-THC cannabis (low-THC marijuana) pursuant
to Section 381.986, Florida Statutes. Dispensing organizations are prohibited except as
authorized as part of a medical marijuana retail center.
Low-THC cannabis Oow-THC marijuana). Has the meaning given to low-THC cannabis
in Section 381.986(1 )(b), Florida Statutes.
Low-THC cannabis dispensarv.
A business operation for the distribution of low-THC
cannabis or related supplies, whether a principal use or accessory use, pursuant to Senate
Bill 1030, codified at Section 381.986, Florida Statutes, constitutional amendment or any other
provision of Florida law. Low-THC cannabis dispensaries are prohibited except as authorized
as part of a medical marijuana retail center.
Low-THC
cannabis facilitv.
Any authorized
low-THC
dispensary,
dispensing
organization or any other facility that dispenses, processes, grows, cultivates, distributes, sells,
or engages in any other activity that involves or is related to low-THC cannabis, pursuant to
Florida law. Low-THC cannabis facilities are prohibited except as authorized as part of a
medical marijuana retail center.
Medical marijuana.
Any strain of cannabis, in any form, including low-THC cannabis,
which is authorized by state law to be dispensed or sold in the state of Florida for treatment of
certain medical conditions.
5
Medical marijuana dispensary.
A business operation for the distribution of medical
marijuana or related supplies, whether a principal use or accessory use, pursuant to
constitutional amendment or any other provision of Florida law.
Medical marijuana
dispensaries are prohibited except as authorized as part of a medical marijuana retail center.
Medical marijuana permit. A business permit issued by the city pursuant to Chapter
19, Altamonte Springs Code of Ordinances, authorizing a business to sell medical marijuana
in the city. Also referred to as "permit."
Medical marijuana retail center.
A retail establishment, licensed by the Florida
Department of Health as a "medical marijuana facility," "medical marijuana treatment facility,"
"medical
marijuana
treatment center,"
"medical
marijuana
dispensary",
"dispensing
organization," "dispensing organization facility," "low-THC cannabis dispensary," "low-THC
cannabis facility," or similar use, that sells and dispenses medical marijuana for individual use,
but does not engage in any other activity related to preparation, wholesale storage, distribution,
transfer, cultivation, or processing of any form of medical marijuana or medical marijuana
product, and does not allow on-site consumption of medical marijuana.
Any entity that acquires, grows, cultivates,
Medical marijuana treatment center.
possesses, processes (including development of related products such as food,
tincture~
aerosols, oils, or ointments), transfers, transports, sells, or distributes medical marijuana, or
that administers medical marijuana, products containing medical marijuana, related supplies,
or educational materials to qualifying patients or their personal caregivers and is registered by
the Department of Health.
Medical marijuana treatment centers are prohibited except as
authorized as part of a medical marijuana retail center.
Medical marijuana facility. Any authorized medical marijuana treatment center, medical
marijuana dispensary, or any other facility that dispenses, processes, grows, cultivates,
distributes, sells, or engages in any other activity that involves or is related to medical marijuana
6
pursuant to Florida law. Medical marijuana facilities are prohibited except as authorized as
part of a medical marijuana retail center.
Non-medical/recreational marijuana uses.
The production, growing, cultivation,
distribution, purchase, sale, transfer, delivery or any other similar or related use of marijuana,
cannabis, cannabis-based products or cannabis plants when such production, growing,
cultivation, distribution, purchase, sale, transfer, delivery or any other similar or related use is
not associated with any medical purpose or use, whether or not such purchase, sale, transfer
or delivery is lawful under federal or state law. Non-medical/recreational marijuana uses are
prohibited.
SECTION 3. Article 111, "Zoning Regulations," of Chapter 28, "Land Development Code," of
the Altamonte Springs Code of Ordinances is hereby amended as follows:
***
DIVISION 5. - LAND USES NOT ALLOWED
3.5.1 - Land uses not allowed.
The following list of uses shall not be considered to be a permitted use, a conditional use,
an accessory use, a support use, or ancillary use, nor shall these uses be allowed by
virtue of variance or waiver in any of the zoning districts of the City G L, G G, GO, I L,
MOC 1,2,3, MO! 1,2, MOR 1,2,3, PUD RESIDENTIAL, COMMERCl.t~.L, MIXED OTHER,
RM, R 1, R 1A, R 1M, R 1AAA, R 2, R 3, R 4:
(a) Asphalt plants;
(b) Landfills;
(c) Industrial effluent injection wells;
(d) Plating plants;
(e) Stripping vats;
(f) Food irradiation plants;
7
(g) Hazardous waste storage or processing facilities;
(h) Incinerators;
(i) Cement plants;
(j) Automobile or heavy equipment junkyards;
(k) Fiberglass manufacturing plants;
(I) Electric power transmission lines in excess of 240 kilovolts;
(m) Boilers fueled by anything other than natural gas or #2 fuel oil;
(n) Bulk fuel storage facilities;
(o) Petroleum pipelines;
(p) Bulk chemical storage or processing facilities;
(q) Citrus processing;
(r) Crematorium;
(s) Blast furnaces;
(t) Smelting plants;
(u) Pickling plants (wood or metal);
(v) Battery manufacturing facilities;
(w) Refineries;
(x) Waste tire storage or processing facilities~
{y) Dispensing organizations, except as part of a medical marijuana retail center;
{z) Low-THC cannabis dispensaries, except as part of a medical marijuana retail center;
{aa) Low-THC cannabis facilities, except as part of a medical marijuana retail center;
{bb) Medical marijuana dispensaries, except as part of a medical marijuana retail center;
(cc) Medical marijuana treatment centers, except as part of a medical marijuana retail
center;
{dd) Medical marijuana facilities, except as part of a medical marijuana retail center;
8
(ee) Non-medical/recreational marijuana uses.
* * *
DIVISION 14. - 1-L VERY LIGHT INDUSTRIAL DISTRICT
* * *
3.14.3 - Conditional uses.
(a) Off-site signs;
(b) Communication towers, subject to waiver and performance standards set forth at
division 40, Communication tower regulations;
(c) Accessory uses and structures which:
(1) Are customarily accessory and clearly incidental and subordinate to permitted or
permissible uses and structures.
(2) Do not involve operations or structures not in keeping with the character of the
district or which are not compatible with uses of adjacent properties or which pose
adverse environmental or public health consequences~
(d) Medical marijuana retail centers.
* * *
DIVISION 21. - MOl-1 MIXED OFFICE INDUSTRIAL DISTRICT
* * *
(a) Libraries, community centers, civic centers, museums;
(b) Houses of worship with their attendant educational and recreational buildings and offstreet parking;
(c) Hospitals;
(d) Treatment and rehabilitative facility;
(e) Reserved Medical marijuana retail centers;
(f) Communication towers, subject to waiver and performance standards set forth at
division 40, Communication tower regulations.
9
(g) Retail stores or shops with no outdoor storage;
(h) Restaurants and lounges;
(i) Office of a contractor, including necessary storage of equipment and vehicles;
(j) Manufacturing of the following:
(1) Garments;
(2) Photographic equipment and supplies;
(3) Bakery products;
(4) Boats;
(5) Ceramics, pottery using kilns;
(6) Chemical products and processing;
(7) Dairy products;
(8) Electrical machinery and equipment;
(9) Furniture;
(10) Glass and glass products, using kilns;
(11) Pharmaceutical products;
(12) Shoes and leather goods, except no leather processing;
(13) Brooms and brushes;
( 14) Candy and confectionery products;
(15) Cosmetics and toiletries, except soap;
(16) Candles;
(17) Jewelry;
(18) Optical equipment;
(19) Perfume;
(20) Precision instruments and machinery;
10
(21) Plastic products, except pyroxylin;
(22) Silverware;
(23) Spices and spice packing;
(24) Stationery;
(25) Toys;
(26) Electronic equipment and assembling;
(27) Cabinetry, metal, upholstery, and woodworking with no outside storage.
(k) Beverage bottling and distribution;
(I) Machine shops;
(m) Mechanical garages;
(n) Mini-warehouses for storage only;
(o) Broadcasting studios and/or towers;
(p) Public utility installations where the need can be demonstrated;
(q) Accessory uses and structures which:
(1) Are customarily accessory and clearly incidental and subordinate to permitted or
permissible uses and structures.
(2) Do not involve operations or structures not in keeping with the character of the
district or which are not compatible with uses of adjacent properties or which pose
adverse environmental or public health consequences.
***
DIVISION 22. - MOl-2 MIXED OFFICE INDUSTRIAL DISTRICT
* * *
(a) Libraries, community centers, civic centers,
museums~-;
(b) Houses of worship with their attendant educational and recreational buildings and offstreet parking~-;
11
(c)
Hospitals~-:
(d) Treatment and rehabilitative facilities~-:
(e) Vocational, trade and business schools~-:
(f) Support manufacturing and assembly uses in an activity center as part of a mixed-use
office/industrial project that occupy greater than 20 percent of the total acreage~-:
(g)RetaH stores or shops with no outdoor storage~.,.
(h)Restaurants and
lounges~
(i) Mini-warehouses for storage only, shall not be freestanding but must be an integral part
of a mixed-use project~-:
(j) Public utility installations where the need can be
demonstrated~.,.
(k) Medical marijuana retail centers.
* * *
DIVISION 44. - SUPPLEMENTAL DISTRICT REGULATIONS
* * *
3.44.8 - Reserved Medical marijuana retail centers. Medical marijuana retail centers are
subject to the following requirements:
{a) Application. In addition to the standard development approval application requirements
and meeting all the requirements for a conditional use under this Land Development Code,
an application for conditional use approval for a medical marijuana retail center shall:
(1) Be a joint application by the property owner and the tenant, if the medical
marijuana retail center and the property are not owned by the same person or entity;
(2) Be accompanied by a lease or letter of intent identifying the specific use, if the
medical marijuana retail center and the property are not owned by the same person;
and
(3) Provide proof to the city that the medical marijuana retail center business operator
is authorized by the state of Florida to sell medical marijuana to persons authorized
by the state of Florida to purchase same for treatment of certain medical conditions.
(b) Location requirements. A medical marijuana retail center shall not be established:
(1) Within 2,500 feet of another medical marijuana retail center;
12
(2) Within 300 feet of child care center, public, private or parochial school (prekindergarten through grade 12) or public park;
a. Where a medical marijuana retail center is located in conformity with the
provisions of this Article, the subsequent locating of one of the uses listed in
subsection 2. above within 300 feet of an existing medical marijuana retail
center shall not cause a violation of this section.
b. Whenever a conditional use approval for a medical marijuana retail center
has been lawfully procured and thereafter a public, private or parochial school
(pre-kindergarten through grade 12), child care center or public park be
established within a distance otherwise prohibited by law, the establishment of
such use shall not be cause for revocation of the conditional use approval or
related medical marijuana permit or prevent the subsequent renewal of same;
and
(3) Distances shall be measured using a direct line measurement from the property
line of the property on which the medical marijuana retail center is located to the
nearest property line of the use identified in (b) 1. and (b) 2. that existed before the
date the medical marijuana retail center submitted its initial application for approval.
(c) Other uses. Unless disclosed and authorized as part of a conditional use approval, the
medical marijuana retail center shall be the only use permitted on the property if the medical
marijuana retail center is located in a freestanding building or within the medical marijuana
retail center tenant space if the center is part of a multi-tenant structure.
(d) Prohibited activities. A medical marijuana retail center shall not engage in any activity
other than those activities specifically defined herein as an authorized part of the use. The
preparation, wholesale storage, distribution, cultivation, growing or processing of any form
of marijuana or marijuana product, and on-site consumption of any marijuana or marijuana
product is specifically prohibited at a medical marijuana retail center. On-site storage of any
form of marijuana or marijuana product is prohibited, except to the extent reasonably
necessary for the conduct of the on-site retail business.
(e) Performance standards and conditions. All medical marijuana retail centers shall comply
with the following standards, which may be further incorporated into conditions of approval:
(1) The building within which a medical marijuana retail center is proposed must be
at all times architecturally and aesthetically compatible with immediately adjacent
buildings and buildings and development in the surrounding area, and shall have
neutral coloring of not more than two complementary colors.
(2) No medical marijuana retail center shall have drive-thru or drive-in service. All
sales and purchases of medical marijuana shall occur from inside the medical
marijuana retail center.
(3) The hours of operation for a medical marijuana retail center shall be limited to
between 7 a.m. and 9 p.m.
13
(4) A medical marijuana retail center shall provide adequate seating for its customers
and business invitees and shall not allow customers or business invitees to stand, sit
(including in a parked car), or gather or loiter outside of any building where the
medical marijuana retail center operates, including in any parking areas, sidewalks,
rights-of-way, or neighboring properties for any period of time longer than that
reasonably required to arrive and depart. The medical marijuana retail center shall
post conspicuous signs stating that no loitering is allowed on the property.
(5) A medical marijuana retail center shall meet all parking requirements set forth in
the code, and any parking demand created by the medical marijuana retail center
shall not exceed the parking spaces located or allocated on-site.
(6) Each application for a conditional use shall be accompanied by a conditional use
concept plan incorporating the regulations established herein. The plan shall be
drawn to scale indicating property lines, rights-of-way, and the location of buildings,
parking areas, curb cuts and driveways, parking calculations and site lighting.
(7) Other standards as may be necessary to ensure compatibility with the surrounding
area.
(f) Conditional use conditions. In addition to any other specific conditions set forth by the
planning board in approving a conditional use application, all conditional use approvals for
a medical marijuana retail center shall contain the following conditions:
(1) The medical marijuana retail center operator shall not open a medical marijuana
retail center without first obtaining a medical marijuana permit as set forth in Section
19-30, Citv Code of Ordinances.
(2) All requirements set forth in Section 19-30, Citv Code of Ordinances, in regard to
the medical marijuana permit, including all permit operational requirements, must be
complied with at all times.
(3) Prior to issuance of a medical marijuana permit and prior to occupancy a medical
marijuana retail center shall obtain all changes of use and changes of occupancy
approvals as may be required for the proposed use, shall have installed the lighting
and security plan elements (including doorway/exit and building perimeter lighting),
air/odor filtration system, and completed all other requirements pursuant to the
medical marijuana permit regulations.
(4) No other activity or use of the premises shall occur except those specifically
authorized as part of the medical marijuana retail center approval, which shall be
listed in the condition (such as other retail activities, which require an additional
conditional use approval).
(5) Conditional use approval for a medical marijuana retail center shall only be
transferable to another medical marijuana retail center business operator if approved
by the city, pursuant to the transfer process provided in Land Development Code
Section 3.44.S(i).
14
(g) Conditional use duration. A conditional use approval for a medical marijuana retail
center shall expire 12 months after approval if the use is not implemented, pursuant to the
conditional use procedures set forth in division 4; otherwise, a conditional use approval shall
remain valid for the duration of the business operation of the medical marijuana retail center,
subject to the following:
(1) Complete and continuous compliance with the conditions of approval, all state
laws, and all licensing, permitting and operational requirements.
(2) Sales shall be only for low-THC or other strains of medical marijuana approved
by the state of Florida for sale for medical purposes.
(3) The characteristics of the business and use impacts remain the same as set forth
in the conditional use approval.
(h) Revocation of conditional use approval. Any conditional use approval granted under this
section shall be immediately terminated if any one or more of the following occur:
(1) The medical marijuana retail center owner/operator or owner of the property upon
which a medical marijuana retail center is located provides false or misleading
information to the city;
(2) Anyone on the premises knowingly dispenses, delivers, or otherwise transfers
any medical marijuana or medical marijuana product to an individual or entity not
authorized by state law to receive such substance or product;
(3) A medical marijuana retail center owner/operator or manager is convicted of a
felony offense;
(4) Any medical marijuana retail center owner/operator, manager or employee is
convicted of any drug-related crime under the Florida Statues;
(5) The medical marijuana retail center owner/operator fails to correct any city code
violation or to otherwise provide an action plan to remedy the violation acceptable to
the city within the time frames and compliance deadline provided in the notice of
violation;
(6) The medical marijuana retail center owner/operator fails to correct any state law
violation or address any warning in accordance with any corrective action plan
required by the State within the timeframes and completion date the medical
marijuana retail center owner/operator provided to the city;
(7) The medical marijuana retail center owner/operator's State license or approval
authorizing the dispensing of medical marijuana expires or is revoked;
(8) The medical marijuana retail center owner/operator fails to maintain a medical
marijuana permit as required by Section 19-30 of the City Code of Ordinances.
15
(9) The medical marijuana retail center owner/operator fails to comply with all
conditions set forth in the conditional use approval.
(i) Transfer of medical marijuana retail center conditional use approval.
(1) A conditional use approval for a medical marijuana retail center shall be
transferable to another medical marijuana retail center business or operator. In order
to transfer the conditional use approval, the location, operation, and characteristics
of the medical marijuana retail center must in all aspects remain the same as set
forth in the conditional use approval. No transfer shall be approved until a new
medical marijuana permit has been obtained in accordance with Section 19-30 of the
Citv Code of Ordinances by the person or entity seeking the conditional use approval
transfer.
(2) An application for a conditional use approval transfer, meeting the requirements
of Section 3.44.8 (a), Land Development Code, shall be filed with the Growth
Management Director at the same time the new medical marijuana center
owner/operator files its application for a medical marijuana permit with the City Clerk.
(3) The application for a conditional use approval transfer shall be accompanied by
a conditional use approval transfer fee in an amount equal to that of the fee for
extensions of conditional use approvals.
( 4) If the person or entity seeking the conditional use approval transfer is granted a
medical marijuana permit and the transfer application meets the requirements of
Section 3.44.8 (a), Land Development Code and all other codes and ordinances of
the city, the city shall approve the conditional use approval transfer.
(5) A conditional use approval is particular only to the location and shall not be
transferred to another location.
(6) An attempt to transfer a conditional use approval either directly or indirectly in
violation of this Section is hereby declared void, and in that event the conditional use
shall be deemed abandoned, and the related medical marijuana permit shall be
forfeited.
***
3.44.27 - Home occupations.
***
(i) The following shall not be considered home occupations: Beauty shops, barber shops,
band instrument or dance instruction, swimming instruction, studio for group instructions,
public dining facility or tearoom, antique or gift shop, photographic studio, fortunetelling or
similar activity, outdoor repair, food processing, retail sales, nursery school, kindergarten, or
the giving of group instruction of any type. Medical marijuana retail centers, medical
marijuana facilities, dispensing organizations, low-THC cannabis dispensaries, low-THC
cannabis facilities, medical marijuana dispensaries, medical marijuana facilities, medical
16
marijuana treatment centers and non-medical/recreational marijuana uses are specifically
prohibited as a home occupation.
* * *
SECTION 4. Conflicts. Any and all Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby repealed, to specifically include Ordinance 1686-15.
SECTION 5. Severability. If any provisions of this Ordinance or the application
thereof to any person or circumstance is held invalid, the invalidity shall not affect other
provisions or applications of the Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared
severable.
SECTION 6. Effective Date. This ordinance shall become effective immediately
after passage.
PASSED AND ADOPTED THIS _ _ _ DAY OF DECEMBER, 2015.
FIRST READING: _ _ _ _ _ __
ADVERTISED: _ _ _ _ _ _ __
SECOND READING:
PAT BATES, MAYOR
Of the City of Altamonte Springs, Florida
ATTEST:
for use and reliance by the City
17
Municipal Planning Board
Staff Report
Altamonte
Springs
APPLICATION INFORMATION
DATE OF HEARING:
November 11, 2015
PROJECT NAME:
Ordinance amending the Land Development Code to regulate
marijuana-related land uses
ORDINANCE NO.:
1690-15
REQUEST FOR:
Recommendation to the City Commission for approval
PUBLIC HEARING:
Yes
GROWTH MANAGEMENT
DEPT. PROJECT NUMBER:
15-20000002
APPLICANT:
STAFF EVALUATION AND FINDINGS
1.
PROPOSAL.
This is a request by the city to amend the Land Development Code to regulate medical
marijuana-related uses within the City of Altamonte Springs. The proposed regulation
would allow medical marijuana retail centers in the Mixed-Office/Industrial and Very
Light Industrial zoning districts by conditional use and establishes a review process and
detailed standards and considerations for review. The request prohibits other types of
marijuana-related uses in all zoning categories.
2.
BACKGROUND.
The state approved the Compassionate Medical Cannabis Act in 2014. A brief timeline
of events is as follows:
•
The Compassionate Medical Cannabis Act of 2014 (Senate Bill 1030)
required the Florida Department of Health to establish a compassionate
use registry, select the five dispensing organizations, monitor physician
Page 1
Agenda Item 3a
registration and ordering of low-THC cannabis, and adopt rules for
implementation of the Act on or before January 1, 2015.
e
On January 20, 2015 the City Commission approved Ordinance No. 168215, which provided for a temporary moratorium until July 20, 2015 on the
operation or city approval of any low-THC cannabis dispensing
organizations or medical marijuana facilities within the City of Altamonte
Springs. The moratorium ordinance was enacted in order to allow the
state administrative rules to be completed and to provide city staff with
sufficient time to review and make recommendations for the possible
enactment of regulations governing such activities.
•
A lawsuit delayed the implementation of the Compassionate Medical
Cannabis Act of 2014. On May 27, 2015, an administrative judge approved
the proposed rules. The rules became effective on June 16, 2014.2 as
Chapter 2014-157, Laws of Florida, and are codified at Section 381.986,
Florida Statutes.
e
Since the state rules were not finalized until June, the city could study the
situation and develop a medical marijuana ordinance before the
moratorium end date of July 20. Therefore, on July 7, 2015 the City
Commission extended the temporary moratorium through December 31,
2015 via Ordinance No 1686-15.
There remain many opportunities for the introduction of both medical and non-medical
marijuana in Florida in the near future:
•
As of September 2015, the Florida Division of Elections has approved
initiatives proposing to amend the Florida Constitution to authorize
recreational use of cannabis. The proposed ballot-initiatives, will be placed
on the November 2016 ballot if the required number of signatures are
obtained.
•
A medical marijuana initiative is collecting signatures for placement on the
ballot for the November 2016 election, which would amend the Florida
Constitution to authorize medical marijuana.
•
The Florida legislature may consider and enact legislation permitting use
of additional alternative forms of medical marijuana and alternative
dispensing methods, including, but not limited to, smoking and food
products.
In the event the Florida legislature enacts legislation expanding the approved forms of
medical marijuana and alternative dispensing methods for medical purposes, or in the
Page 2
Agenda Item 3a
event the proposed 2016 ballot-initiative for medical marijuana passes, or one of the
proposed 2016 ballot-initiatives for non-medical/recreational marijuana pass, the city
will have regulations in place regarding land uses related to medical marijuana and nonmedical/recreational marijuana.
3.
CODE AMENDMENT SUMMARY.
Proposed Ordinance No. 1690-15 includes the following:
•
Defines a number of marijuana-related land use activities and states they are
prohibited in Land Uses Not Allowed.
•
Defines a "medical marijuana retail center" and allows it as a conditional use
within the Mixed-Office/Industrial Low, (MOl-1), Mixed-Office/Industrial
Medium (MOl-2), and Very Light Industrial (IL) zonirig districts.
•
Provides standards for medical marijuana retail centers in areas such as
applications, separation distances, prohibited activities, and performance
standards. This includes a requirement that a medical marijuana retail center
operator shall not open a medical marijuana retail center without first obtaining
a medical marijuana permit as set forth in Section 19-30, City Code of
Ordinances.
•
Provides for the duration of conditional use approvals, revocation of approvals,
and transfer of approvals.
•
Prohibits medical marijuana retail centers as a home occupation.
A companion ordinance, Ordinance No. 1693-15, has been developed to establish
business regulations in the City Code of Ordinances for medical marijuana retail centers.
It would require that all individuals related to a medical marijuana retail center obtain a
City medical marijuana permit; lists the information to be provided and the review
topics for Growth Management {building, zoning) and Police; establishes fee and basis
for denial of an application; describes permit contents, reasons for possible revocation,
permit and business operation requirements, and appeal process. As it is a proposed
amendment to the City Code of Ordinances, Ordinance No. 1693-15 is not reviewed by
the Planning Board.
4.
NEXT STEPS.
This ordinance (Ord No. 1590-15) will be presented to the City Commission on
November 1z.g and December 1, 2015. If approved by the City Commission, the existing
moratorium will be rescinded and these regulations shall be in place. Ordinance No.
1693-15 to the City Code of Ordinances will scheduled for City Commission review on
the same dates.
Page 3
Agenda Item 3a
RECOMMENDATION
The Growth Management Department recommends that the Planning Board take the following
action regarding this request.
Recommend APPROVAL of Ordinance No. 1690-15.
ADVISEMENTS
General Advisements
Persons are advised that if they decide to appeal any decision made at this meeting, they will
need a record of the proceedings and for such purposes, they will need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based. The City of Altamonte Springs does not provide this
verbatim record. Persons with disabilities needing assistance to participate in any of these
proceedings should contact the City Clerk Department ADA Coordinator at least 48 hours in
advance of the meeting at (407} 571-8121(Voice} or (407} 571-8126 (TDD).
This report was prepared by the Altamonte Springs Growth Management Department (407)
571-8150.
S:\GIVl\Commission and Boords\BZA & Planning Boord\REPORTS- Planning Boord\Report5 2015\Medicol Morijuono\Ordinonce 169015\0RD1690-15_PB Stoff Report.doc
Page 4
Agenda Item 3a
Official Use Onlv
Commission Action:----.,.---.--....,,.----City M a n a g e r : - - - - - - - - - - -
SUBJECT: Orqinance No, 1693-15 (Pt reading) """City Code of Ordinances amendment to reorganize
Chapter 19, Local Business Taxes and City Permits, and adopt regulations for marijuana businesses
The proposed ordinance revises Chapter 19 by renaming the chapter and dividing it into two articles.
The existingtocal Business Taxes are located in Article I and otherwise remains unchanged. The new
Article II is entitled "City Business Permits" and contains provisions for marijuana businesses, starting
withSec. 19-30 on page 26 ofthe ordinance.
Medical Marijuana Permits would be required annually for all businesses and individuals involved with
a medical marijuana retail center in the City.The ordinance lists the information to be provided with
the application, describes the review process and other procedures, and establishes fees .and
operational standards for businesses. In order for the City to issue a Medical Marijuana Permit, the
applicant must successfully completethe application review with the City, have obtained conditional
us.e approval for the planned business location, completed any improvements to change the use of the
property or the building occupancy, if necessary, and implemented the approved security plan and
other improvements specific to the business.
FISCAL INFORMATION: Not applicable
RECOMMENDED ACTION:
APPROVE Ordinance No. 1693-15 on firstreading, and SET second reading for December 1, 2015.
Initiated by: John Sember, Growth Management
AN ORDINANCE OF THE CITY OF ALTAMONTE SPRINGS,
FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE
CITY, BY RENAMING CHAPTER 19, "LOCAL BUSINESS
TAXES," TO "LOCAL BUSINESS TAXES AND CITY
PERMITS," ESTABLISHING ARTICLE I, "LOCAL BUSINESS
TAXES," AND ADOPTING ARTICLE II, "CITY BUSINESS
PERMITS," SECTION 19-30, "MARIJUANA BUSINESSES,"
TO
PROVIDE
FOR
PERMITS,
REGULATIONS,
RESTRICTIONS AND PROCEDURES FOR THE OPERATION
OF MEDICAL MARIJUANA RETAIL CENTERS; PROVIDING
FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE
DATE
WHEREAS, the City Commission recognizes that changes to the adopted Code of
Ordinances are periodically necessary in order to ensure that the City's regulations are
current and consistent with the City's planning and regulatory needs; and
WHEREAS, the 2014 Florida Legislature approved Senate Bill 1030 providing for the
growing, processing, and distributing of specific forms of low-THC (non-euphoric) cannabis
to qualified patients and their caregivers for the treatment of listed medical conditions, which
became effective on June 16, 2014 as Chapter 2014-157, Laws of Florida, and is codified
at Section 381.986, Florida Statutes ("Senate Bill 1030"); and
WHEREAS, the Florida Department of Health has adopted rules implementing
Senate Bill 1030; and
WHEREAS, despite the adoption of Senate Bill 1030, the activities it condones
remain illegal under federal law; and
WHEREAS, on November 4, 2014, Florida voters narrowly rejected an amendment
to the Florida Constitution to allow for broader medical use of any kind of marijuana
(including euphoric strains) within the State; and
1
WHEREAS, as of September 2015, the Florida Division of Elections has approved
proposed initiatives for placement on the November 2016 ballot proposing to amend the
Florida Constitution to authorize recreational use of cannabis, if the required number of
signatures are obtained to place the initiatives on the ballot; and
WHEREAS, in addition to the potential recreational initiatives, a medical marijuana
initiative is also collecting signatures for placement on the ballot for the November 2016
election, which would amend the Florida Constitution to authorize medical marijuana
(hereinafter the "proposed 2016 ballot initiative"); and
WHEREAS, the Florida legislature may consider and enact legislation permitting the
use of additional alternative forms of medical marijuana (medical marijuana in all its forms
WHEREAS, the failed Constitutional Amendment, as well as the proposed 2016
ballot initiative, authorizes and defines "Medical Marijuana Treatment Centers" to
encompass the entire supply chain (cultivation, processing, storage, distribution, etc.), not
just retail sales to qualified patients; and
WHEREAS, if the proposed 2016 ballot initiative secures the requisite signatures, is
placed on the ballot and approved, it will amend the Florida Constitution to permit the use of
additional alternative forms of medical marijuana (medical marijuana in all its forms including
low-THC cannabis, together referred to as "medical marijuana") and alternative dispensing
methods (including, but not limited to, smoking and food products); and
WHEREAS, in the event the Florida legislature enacts legislation expanding the
approved forms of medical marijuana and alternative dispensing methods for medical
purposes, or in the event the proposed 2016 ballot initiative for medical marijuana or one of
2
the proposed 2016 ballot initiatives for non-medical/recreational marijuana passes, the City
Commission believes it is in the best interests of the citizens of Altamonte Springs to have
in place certain regulations regarding medical marijuana and non-medical/recreational
marijuana; and
WHEREAS, even in the event that no medical marijuana expansion is approved by
the Florida legislature or citizens in 2016, the trend of approval of medical and nonmedical/recreational marijuana initiatives in other states is evident, and the City Commission
believes it is in the best interest of the citizens of Altamonte Springs to have in place certain
regulations regarding medical marijuana and non-medical/recreational marijuana in the
event the laws in regard to same are amended by federal or state legislation, or by
constitutional amendment; and
WHEREAS, significant safety and security issues exist for any establishment
involved in the cultivation, processing or distribution of medical marijuana or nonmedical/recreational marijuana, because they maintain large drug inventories and are forced
to deal in cash as their activities have not been sanctioned by federal law; and
WHEREAS, such businesses are inherently attractive targets for criminals, and it is
therefore essential that the City limit the permissible scope of such uses and regulate them
to ensure their compatibility with surrounding businesses and the community, and to protect
and advance the public health, safety and welfare; and
WHEREAS, other attributes of land uses dealing with medical marijuana and non-
medical/recreational marijuana, such as odors, must be regulated to minimize their impact
on surrounding properties and uses and prevent the creation of attractive nuisances; and
WHEREAS, both Senate Bill 1030 and the proposed 2016 ballot initiative are silent
on the topic of local government regulation and, consistent with Florida caselaw governing
3
preemption, local governments are therefore not preempted from regulating marijuana uses;
and
citizenry and general public to prohibit non-medical/recreational marijuana businesses,
sales and uses within the City of Altamonte Springs to ensure the safety of businesses,
properties, the community as well as citizens and visitors to the City; and
citizenry and general public to provide appropriate business regulations to ensure the
compatibility of any business related to marijuana with the surrounding businesses,
properties, and community, as well as the safety of the employees, neighbors, customers
and area residents; and
WHEREAS, the City Commission conducted a first and second reading of this
Ordinance at duly noticed public hearings, as required by law, and after having received input
from and participation by interested members of the public and staff, the City Commission has
determined that this Ordinance is consistent with the City's Comprehensive Plan and in the
best interest of the City, its residents, and its visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
ALTAMONTE SPRINGS, FLORIDA, THAT:
SECTION 1.
Recitals.
The preceding "Whereas" clauses are ratified and
incorporated as the legislative intent of this Ordinance.
SECTION 2.
Renaming.
Chapter 19, "Local Business Taxes" of the Altamonte
Springs Code of Ordinances, is hereby renamed "Local Business Taxes and City Business
Permits."
4
SECTION 3. Relocation and Adoption. Article I, "Local Business Taxes," of City
Code of Ordinances Chapter 19, "Local Business Taxes and City Business Permits," is
hereby established and former Chapter 19 "Local Business Taxes" is hereby relocated and
set forth in its entirety into Article I, as follows; and Section 19-30, "Marijuana Businesses",
of Article 11, "City Business Permits," of Chapter 19, "Local Business Taxes and City
Business Permits," of the City Code of Ordinances is hereby adopted to read as follows:
CHAPTER 19. LOCAL BUSINESS TAXES AND CITY BUSINESS PERMITS
ARTICLE I. LOCAL BUSINESS TAXES.
Sec. 19-1. - Intent.
This chapter is adopted consistent with F.S. chapter 205 providing a
reasonable and uniform method of imposition of a local business tax for the
privilege of engaging in or managing any business, profession or occupation within
the jurisdiction of the city. Issuance of a local business tax receipt by the city clerk
does not mean that the city clerk has either investigated or approved the quality,
nature or reputation of the business. Inquiries of such nature should be made
through the Better Business Bureau, state attorney's office and other appropriate
agencies.
Sec. 19-2. - Definitions.
The following words, terms and phrases, when used in this chapter and any
other section of this chapter associated therewith, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different
meaning:
Business means any activity engaged in by any person, or caused to be
engaged in by such person, with the object of private gain, benefit or advantage,
either direct or indirect.
Charitable organization means only nonprofit corporations, holding a 501 C
designation issued by the Internal Revenue Service, operating physical facilities in
this state at which are provided charitable services, a reasonable percentage of
which are without cost to those unable to pay.
Classification means the method by which a business or group of businesses
is identified by size or type, or both.
Local business tax means the fees charged and the method by which the city
grants the privilege to engage in or manage any business, profession, or occupation
within its jurisdiction. Also known as business tax.
5
Manage/managing means to direct, supervise or carry on business activities
or affairs.
Merchant means any person engaged in the business of selling merchandise
retail, wholesale or import/export, except a manufacturer or processor who creates
or fabricates an entirely new or different product or article from inventory. Persons
not falling into specific classifications set forth herein, and who do not create an
entirely new or different article, shall be deemed merchants for the purposes of this
article.
Occupation means the particular employment, trade or calling of a person
which engages such person's time and efforts.
Person means any individual, firm, agency, partnership, joint venture,
syndicate, or other group or combination acting as a unit, association, club,
corporation, estate, trust, business trust, trustee, executor, administrator, receiver or
other fiduciary, engaged in any business, occupation or profession subject to the
provisions of this chapter.
Profession means a vocation or occupation requiring special, usually
advanced, education or skill.
Professional means any person engaged in any business, occupation or
profession as enumerated in section 19-21, but not limited to the same, and not
falling into other classifications specifically set forth herein, or any person required
to maintain an active and valid State of Florida, regulatory license, permit,
registration or certificate.
Receipt means the document that is issued by the city which bears the words
"Local Business Tax Receipt" and evidences that the person in whose name the
document is issued has complied with the provisions of this chapter relating to the
local business tax. Also known as local business tax receipt and formerly known as
occupational license tax certificate or license.
Sec. 19-3. - Levy.
There is hereby levied a local business tax in the amounts set out in this
chapter for the privilege of engaging in or managing any business, profession or
occupation within the city on the following:
(1) Any person who maintains a permanent business location or branch office within
the city for the privilege of engaging in or managing any business, profession or
occupation within its jurisdiction; and
(2) Any person who does not qualify under the provisions of (1) above and who
transacts any business or engages in any occupation or profession in interstate
commerce where such license tax is not prohibited by section 8 of article I of the
United States Constitution.
6
Sec. 19-4. - Required.
No person shall engage in or manage any business, occupation or
profession for which there is a local business tax required by this chapter or any
other provisions of this Code unless such person shall first procure a local business
tax receipt to conduct the same from the city clerk.
It shall be no defense of nonpayment of any business tax required by this
chapter that the receipt holder did not receive any bill or notice that the same was
due from the city.
Sec. 19-4.5 - County receipt required.
No person shall engage in or manage any business, occupation or
profession for which there is a local business tax required by Seminole County,
Florida, unless such person has first procured a Seminole County local business tax
receipt to conduct such business, occupation, or profession.
Sec. 19-5. - To be signed by city clerk.
All receipts shall be signed by the city clerk and shall be upon forms
furnished by the city.
Sec. 19-6. - Duty to display.
Every person required to procure a local business tax receipt shall exhibit it
whenever called upon to do so by the city clerk or his/her designee, city code
compliance officer, chief of police or any police officer of the city.
Sec. 19-7. -Application; required.
(a) No local business tax receipt shall be issued except upon written application signed by
the owner of the business, an officer of the corporation, or his/her designee bearing a
notarized letter of authority and payment of a fifteen-dollar nonrefundable administrative
or processing fee. It shall be the duty of the city clerk, before issuing a receipt to require
the owner, officer or authorized agent applying for such receipt to file an application
giving full and complete information. The applications shall be retained as a part of the
records of the office of the city clerk, in accordance with public records retention laws.
(b) Any sign, advertisement, building occupancy, directory listing or activity indicating that
a business, profession or occupation is being conducted at a location within this
municipality shall be prima facie evidence that the person is liable for a receipt.
(c) Any person owing delinquent business taxes shall be required to pay such delinquent
business taxes before being issued a new receipt.
Sec. 19-8. - Location; ownership, name; transfer.
7
Local business tax receipts shall be good only for the particular business or
person(s), and at one (1) particular place of business, which shall be named and for
the person(s) or business to whom issued, but receipts may be transferred when
there is a bona fide sale and transfer of the property used in the business, stock in
trade, or the transfer of the same from one location in the city to another, including
moving to another suite, or a change in business name under the same ownership,
upon application to the city clerk, and presentation of evidence supporting the
transfer. The original receipt shall be surrendered to the city clerk upon application
for transfer. However, this provision for transfer of receipts shall not apply where the
transfer is regulated by provisions applicable to the particular business or person( s)
for which transfer is sought.
Sec. 19-9. - Transfer fee.
When a receipt is transferred, payment of a transfer fee of up to ten (10)
percent of the annual local business tax, but not less than three dollars ($3.00) nor
more than twenty-five dollars ($25.00), and presentation of evidence supporting the
transfer, shall be required.
Sec. 19-10. - Limit on; term.
Each receipt shall be issued to cover only one (1) occupation or business
classification unless otherwise permitted.
The amounts assessed as local business taxes against the various
businesses, professions or occupations are hereby fixed per annum unless
otherwise specified.
Sec. 19-11. - Duplicate receipt.
Duplicate receipts may be issued by the city clerk. A fee of five dollars
($5.00) will be assessed for each duplicate receipt issued.
Sec. 19-12. - Term; expiration date.
No receipt shall be issued for longer than one (1) year. All receipts shall
expire on the thirtieth day of September and shall be payable on or before the
thirtieth day of September unless otherwise specifically provided by law or as
otherwise provided. Half-year receipts may be issued by the city clerk to any person
commencing business during the period April 1 to September 30, upon payment of
one-half(~) of the business tax fixed as the amount of such receipt for one (1) year.
The business tax for all other businesses shall be one hundred (100) percent of the
yearly tax unless otherwise provided.
Sec. 19-13. - Delinquency; enforcement.
(a) Those receipts not renewed on or before September 30 shall be considered delinquent
and subject to a delinquency penalty of ten (10) percent for the month of October, plus
an additional five-percent penalty for each month of delinquency thereafter until paid;
8
provided, however, that the total delinquency penalty shall not exceed twenty-five (25)
percent of each business tax for the delinquent establishment.
(b) Any person engaging in or managing any business, occupation or profession without
first obtaining a local business tax receipt, if required in accordance with this chapter,
shall be subject to a penalty of twenty-five (25) percent of each business tax and may
be subject to an additional surcharge of one hundred dollars ($100.00) per said receipt.
However, an extension of up to two (2) weeks may be granted by the city clerk.
(c) Failure to secure a receipt and pay the required local business tax, penalty and
surcharge shall be deemed to be a violation of this section and may be punished as
provided in section 1-14 of the Altamonte Springs City Code, provided such remedy
shall not be exclusive and the city may take such other lawful action as it deems
necessary to prevent or remedy any violation of this chapter.
(d) Any person who engages in any business, occupation, or profession covered by this
chapter who does not pay the required local business tax within one hundred fifty (150)
days after the initial notice of tax due, and who does not obtain the required receipt is
subject to civil actions and penalties, including court costs, reasonable attorney's fees,
additional administrative costs incurred as a result of collection efforts, and a penalty of
two hundred fifty dollars ($250.00).
(e) All costs of collection and enforcement of the terms of this chapter, to include attorney's
fees whether or not litigation is commenced, shall be the responsibility of the person for
which a receipt is or was required.
(f) As an additional means of ensuring compliance with the provisions of this chapter, the
Altamonte Springs Code Enforcement Board shall have jurisdiction and authority to hear
and decide alleged violations occurring in the corporate limits of the city and to impose
administrative fines and liens for violations. Proceedings before the code enforcement
board shall be governed by its rules and procedures, chapter 3 of the Code of
Ordinances and F.S. chapter 162.
(g) Any person owing delinquent business taxes shall be required to pay any such
delinquent business tax and penalty before being issued a new receipt.
Sec. 19-14. - Power of city to revoke or deny.
The city shall have the authority to refuse the issuance of any receipt, and
may at its discretion revoke any such receipt, upon a determination that the
business profession or occupation is public nuisance, and may order the refunding
of any part or all of the moneys paid for such receipt when the same is revoked; and
any person conducting any such business after such action by the city shall be
liable for the specified penalties.
Sec. 19-15. - Hearing required before denial.
9
The applicant for a local business tax receipt denied by cause by the city
shall have the right to be heard before the city commission and show cause, if any,
why such receipt should be issued or renewed.
Sec. 19-16. - Procedure for revocation.
(a) The city shall have the right, for just cause, to revoke any receipt issued or renewed and
may, in its discretion, order the refunding of any part or all of the moneys paid for the
receipt when it is revoked; and any person conducting any business, occupation or
profession after revocation by the city shall be liable for the penalties as specified in
section 1-14, City Code of Ordinances, or as may be imposed by the code enforcement
board, together with fines and liens which may be enforced against the property of the
violator as may be provided by law.
(b) If the city desires to revoke any local business tax receipt, it shall cause the holder of
said receipt to be served with written notice of its intention to do so, stating the cause
for the proposed revocation and setting a time for a hearing. The notice shall be
prepared and signed by the city clerk and served by the chief of police or any police
officer upon the holder of said receipt by delivery of a copy not less than five (5) days
before the date set for the hearing.
(c) The hearing shall be held in the city hall, and the holder of the receipt shall have the
right to be heard, either in person or by counsel, and if, after the hearing, the city shall
determine that said receipt should be revoked, it shall be revoked and a continuance to
engage in the business, occupation or profession for which said receipt has been issued
shall constitute the doing of business without a receipt. Failure of the person to appear
and testify at the hearing before the city shall create a presumption that the person does
not contest the revocation and that same is valid and appropriate.
(d) The local business tax receipt holder shall have such right as may exist by law to appeal
to any court of competent jurisdiction for a review of the order revoking such receipt.
(e) The provisions of this section for the revocation of a local business tax receipt shall not
apply to a revocation of a license for the sale, distribution or manufacture of alcoholic
beverages.
Sec. 19-17. - Duty to inspect, enforce, report violations; right of entry.
(a) It shall be the duty of the city clerk and he/she is hereby directed to enforce each and
every provision of this chapter, except as otherwise in this chapter expressly provided,
and the chief of police shall render such assistance in the enforcement of this chapter
as from time to time may be required by the city clerk. The city clerk is authorized to
prescribe such reasonable rules and regulations and make such interpretive rulings as
may be necessary to effectuate the provisions of this chapter.
10
(b) Right of entry to places of business, profession or occupation. The city clerk and his/her
designees shall have the authority, as may be permitted by law, to enter, free of charge,
during business hours, any place of business, profession or occupation in connection
with which a business tax is imposed under this chapter, and to request exhibition of the
receipt and evidence of the amount and date of the last business tax paid. All persons
to whom a receipt has been issued hereunder shall exhibit the receipt upon request.
Sec. 19-18. - Record required.
The city clerk shall keep a record of all receipts issued, including the names
of all persons holding receipts, the numbers of the receipts, the occupation
classification, date of issue and expiration of each receipt, and the sum paid.
Sec. 19-19. - Exemptions.
(a) All disabled persons who are incapable of manual labor, widows with minor dependents,
or persons sixty-five (65) years of age or older, who are residents of the state, who
employ not more than one (1) employee or helper, and who use their own capital only,
not in excess of one thousand dollars ($1,000.00), shall be granted, upon due proof of
his/her qualification for exemption, a receipt to engage in any business, profession or
occupation without being required to pay a business tax.
(b) Any veteran of any war in which the United States armed forces has participated who is
a resident of the state, and who was honorably discharged from the services of the
United States and who at the time of his/her application for a local business tax receipt
has a rated service-connected disability shall, upon due proof of his/her qualifications
for exemption, according to [F.S.] § 205.171 (3), be granted a receipt to engage in any
business, profession or occupation which may be carried on mainly through the personal
efforts of the receipt holder as a means of livelihood and for which the business tax does
not exceed the sum of fifty dollars ($50.00). When any such person shall apply for a
receipt to conduct any business, profession or occupation for which the business tax
exceeds the sum of fifty dollars ($50.00), the remainder of such business tax in excess
of fifty dollars ($50.00) shall be paid by the receipt holder.
(c) Any charitable organization shall be granted, upon proof of their status as a charitable
organization, a local business tax receipt to engage in any business, profession or
occupation without being required to pay a business tax. Employees, independent
contractors or affiliates of a charitable organization shall not be exempt from the
business tax unless said persons separately qualify as a charitable organization.
(d) In no event, shall any person, veteran or otherwise, be allowed any exemption
whatsoever from the payment of any amount required by law for the issuance of a
license to sell intoxicating liquors or malt and vinous beverages.
(e) Nothing in this section shall be construed to require a receipt for practicing the religious
tenets of any church.
11
Sec. 19-20. - Compliance with other provisions of Code.
The issuance by the city clerk and receipt by the applicant of a local business
tax receipt shall in no case be deemed authority to establish, conduct or maintain a
business, profession or occupation in contravention of any other provisions of this
Code.
Sec. 19-21 . - Classifications/fees.
The following schedule sets forth classifications and fees for local business
tax receipts: [+denotes state license, receipt or registration may be required.]
A
(A 1)
Abstract title company ..... $ 120. 75
(A2)
Adult entertainment establishment ..... 735.00
(A3)
Advertising ..... 120.75
(A4)
Administrative office ..... 90.30
(A5)
Ambulance service:
a.
Office only ..... 90.30
b.
Each vehicle including aircraft ..... 24.15
(A6)
Amusements:
a.
Billiards (pool) ..... 183.75
b.
Boats, rental ..... 183. 75
c.
Bowling alley ..... 183. 75
d.
Dance halls/public ballrooms ..... 262.50
e.
General amusement facility ..... 242.55
f.
Golf course (regulation/miniature), driving range ..... 120. 75
g.
Shooting gallery/range ..... 183.75
h.
Skating rink, permanent location ..... 183.75
i.
Theater, motion picture, live performance, exhibition .... .262.50
j.
Video arcade (each machine requires additional license) ..... 120. 75
(A7)
Animal services:
12
a.
Grooming ..... 90.30
b.
Hospital (also see Veterinarian) ..... 120.75
c.
Boarding/kennel ..... 120.75
(AB)
Appraisal agency/appraiser (other than real estate) ..... 72.45
(A9)
Armored car service:
a.
b.
Each vehicle ..... 24.15
(A 10)
Artist .... .46.20
(A 11)
Auctioneer, permanent+ ..... 90.30
(A 12)
Auction house/shop + .... .486.15
(A 13)
Automobiles and other vehicles:
a.
New/used agency or dealer with lot+ ..... 364.35
b.
New/used agency or dealer without lot+ ..... 178.50
c.
Repair shop (includes towing or wrecker service or mobile repair)+ ..... 120. 75
d.
Cleaning/buffing/waxing/detailing of vehicles ..... 120.75
e.
Auto service club ..... 120.75
f.
Parking garage/lot ..... 364.35
g.
Wrecker service:
h.
1.
2.
Painting/designing/body shop+ ..... 120. 75
(A 14)
Authors ..... 24.15
(B 1)
Bakery+ ..... 178.50
(B2)
Bar/lounge+ ..... 242.55
(B3)
Bonds, bail:
B
13
a.
Agency ..... 90.30
b.
Agent, each+ ..... 120.75
(B4)
Broadcasters, radio/television ..... 242.55
(85)
Brokerage company/Broker (other than mortgage or real estate) ..... 115.50
(C1)
Caterer or catering service+ ..... 120.75
c
(C2)
Civic/sports center complex (including sports, entertainment promotional,
theatrical and parking activities) ..... 1,214.85
(C3)
Club, social, civic, investment, athletic, etc ...... 178.50
(C4)
Coin-operated machines, each slot (business office requires a separate
license) ..... 17.85
(C5)
Collection agency (other than real estate)
(C6)
Computer services:
+ ..... 120. 75
a.
All types of accounting, printing, computing and other services done by
computer ..... 120. 75
b.
Computer courses/classes ..... 120. 75
c.
Consultant/systems analyst/support/network ..... 120. 75
d.
Software development/website design ..... 120.75
e.
Repairs computers ..... 90.30
f.
Internet services:
1.
Internet service provider ..... 303.45
2.
All other services being done by internet (except for sales-See Merchant)
..... 120.75
(C7)
Consulting agency/consultant ..... 120. 75
(C8)
Contractors
a.
Alarm systems+ ..... 120. 75
b.
Carpentry ..... 90.30
c.
Drywall ..... 90.30
14
d.
Electrical+ ..... 120. 75
e.
General/residential/building+ ..... 120. 75
f.
Heating and/or air conditioning+ ..... 120. 75
g.
House moving ..... 90.30
h.
Irrigation ..... 90.30
i.
Painter/wallcoverings ..... 90.30
j.
Paving/sidewalk/brick/masonry ..... 90.30
k.
Plumbing+ ..... 120. 75
I.
Roofer+ ..... 120. 75
m. Subcontractors ..... 90.30
n.
Pool/spa+ ..... 120.75
o.
All others not specified:
1.
State-licensed+ ..... 120. 75
2.
Not state-licensed ..... 90.30
(C9)
Coordinator (party, events, etc.) ..... 120. 75
(C10)
Crafts (home occupation only) ..... 59.85
(C11)
Credit association (information only) ..... 120. 75
(D1)
Dating service ..... 178.50
(D2)
Day care:+
D
a.
In-home only ..... 59.85
b.
All others ..... 120. 75
(D3)
Delivery/express service:
a.
b.
(D4)
Designer/design agency (blueprints/floor plans/clothes, etc.) ..... 90.30
15
(D5)
Detective/investigator/patrol and/or security/guard services:+
a.
Agency ..... 90.30
b.
Detectives/investigators, each (except that a detective or investigator holding a
class C license issued under F.S. ch. 493 shall pay no fee) ..... 59.85
c.
Patrolman/guard, each ..... 24.15
(D6)
Development company (of land) ..... 120. 75
(D7)
Distributor/manufacturer's representative/independent sales office (does not
stock merchandise but orders for customers only/desk space only) ..... 120. 75
E
(E1)
Employment:
a.
Agency/personnel services ..... 90.30
b.
Employee leasing+ ..... 120.75
(E2)
Entertainment:
a.
Agency/group ..... 90.30
b.
Individual .... .46.20
(E3)
Escort service ..... 606.90
(E4)
Excavation (clearing of land) ..... 120.75
(E5)
Exhibition facility, (demonstrating, selling or taking orders for any goods, wares
or merchandise from booths, exhibits or similar devices):
a.
The operation of a facility, such as, but not limited to, convention centers, hotels,
shopping malls, open-air markets, or flea markets in which exhibitions/trade
shows/seminars/sporting events are regularly held ..... 1,214.85
Note: Individual event license taxes as provided in paragraph b. hereof are not
required if the operator of the facility in which the exhibition/trade show/seminar
is held has paid the license tax as provided herein; however, the operator of a
facility which has a limited number of exhibitions/trade shows may elect to have
each event separately and directly taxed as provided in paragraph b., in lieu of
payment of the facility operator tax provided in paragraph a.
b.
Exhibitions/seminars/sporting events/sales/shows such as, but not limited to
coin, stamp, bottle, home, antique, art/open-air or flea markets, unless such
16
events are held in a facility licensed in accordance with paragraph a. hereof
(license is responsibility of promoter, association or person in charge):
1.
1-15 exhibitors, each day, no proration ..... 178.50
2.
16-50 exhibitors, each day, no proration ..... 364.35
3.
Over 50 exhibitors, each day, no proration .... .425.25
F
(F1)
Finance:
a.
Banks and bankers, credit unions, trust companies, bankruptcy, receivership
company, savings and loan association, building and loan association, (except
those exempt by federal or state law), each location+ .... .486.15
b.
Small loan companies, money lenders, salary purchasers, title loan companies,
each location+ ..... 364.35
c.
Automated teller machines, each service terminal (except those attached to
structure of, and used in conjunction with, a financial institution) ..... 178.50
d.
Advisor/counselor/consultant ..... 120. 75
e.
Financial services not otherwise licensed hereunder+ ..... 242.55
(F2)
Florist ..... 178.50
(F3)
Funeral:+
a.
Home/facility ..... 364.35
b.
Director/embalmer ..... 120. 75
(F4)
Furniture moving/general hauling: +
a.
b.
G
(G1)
Garbage, refuse/recyclable waste collection:
a.
b.
(G2)
Gas, liquefied petroleum or other gases used for fuel, (dealers in and/or
installers of fittings and appliances for the use of: (No licenses shall be issued to an
17
applicant to engage in the businesses set out above in this item until such applicant
shall have provided the city clerk with satisfactory evidence that the applicant has
complied with the state with reference to the bond or public-liability requirements for
persons licensed by the state to carry on the business of selling liquefied petroleum
gas or making installations for the use of same. For the purpose of this item, the
definition of liquefied petroleum gas is the same as the definition set out in the
statutes of the state ..... 120. 7 5
(G3)
Gasoline fueling station/facility ..... 120. 75
(G4)
Group home+ ..... 178.50
(G5)
Guaranty or surety company ..... 120.75
(H1)
Health:+
H
a.
Spas/gyms/studios ..... 242.55
b.
Personal trainers ..... 59.85
(H2)
Health care:+
a.
Facility/emergency clinic ..... 364.35
b.
Diagnostic/screening ..... 178.50
c.
Equipment/supplies ..... 178.50
d.
Personnel ..... 120.75
e.
Hospital/sanitarium .... .486.15
f.
Nursing home/assisted-living facility ..... 364.35
(H3)
Hypnotist ..... 120. 75
(11) Instructors (teachers of music, piano, dancing, tutoring, etc. other than schools),
each ..... 24.15
(12) Insurance:
a.
Each company or corporation writing life, fire, accident, health, public liability,
indemnity, motor vehicle, industrial or other type or form of insurance collecting
premiums from within the corporate limits of the city+ ..... 120. 75
18
b.
Agency/claims office (also see Agent)+ ..... 90.30
c.
Agent, broker, adjuster, etc., each+ ..... 29.40
d.
Title insurance company+ ..... 120.75
L
(L 1)Laboratories, analytical/dental/medical, etc.+ ..... 120.75
(L2)Laundry, self-service facility with coin-operated equipment (may require additional
license(s) for coin-operated merchandise l}lachines) ..... 120.75
(L3)Leasing agency/office ..... 90.30
(L4 )Linen, towel supply and uniform service, etc ...... 120. 75
M
(M1)
Machine shop ..... 120. 75
(M2)
Manufacturing, fabricating, processing, assembling and shipping ..... 242.55
(M3)
Marketing company/agency ..... 120. 75
(M4)
Merchant ..... 178.50
Metaphysical/spiritual (to include astrologer, clairvoyant, divine healer, fortune
(MS)
teller, palmist or palm reader, phrenologist, psychic and every person engaged in
any occupation of a similar nature) ..... 120.75
(M6)
Microfilm/document-imaging company ..... 120. 75
(M7)
Modeling agency ..... 242.55
(M8)
Mortgage:+
a.
Company/lender (no broker required) ..... 364.35
b.
Brokerage business (broker required) ..... 120.75
c.
Broker, each ..... 29.40
N
(N1)
News depot, dealer or distribution point for current periodicals ..... 59.85
(N2)
Notary public ..... 24.15
0
19
(01)
Oil (fuel, illuminating, heating or lubricating, gasoline):
a.
Dealer/agent ..... 178.50
b.
Each delivery vehicle ..... 24.15
(02)
Open-air sales (includes sales by vendors outside a permanent structure as
allowed by chapter 28, Land Development Code):
a.
Holiday sales (no proration) ..... 120.75
b.
Food sales (no proration)+ ..... 120.75
c.
Other open air sales and temporary amusement or recreational activity, each
day (no proration) ..... 120. 75
p
(P1)
Pawnbroker+ ..... 242.55
(P2)
Peddler, each vehicle, including transient merchant:+ ..... 91.35
(P3)
Personal services (may require additional retail license):
a.
Shop/parlor/facility (barber, beauty, tan, nail, tattoo, etc.)+ ..... 90.30
b.
Each chair, station, device, etc ...... 17.85
c.
Independent contractor within an established facility+ ..... 59.85
d.
Massage therapist, each+ ..... 59.85
(P4)
Pest control/exterminator:
a.
Office only+ ..... 90.30
b.
(P5)
Pharmacy:+ ..... 120. 75
(P6)
Photography/photographer:
a.
Photographic studio ..... 91.35
b.
Film developer/developing ..... 120. 75
c.
Freelance, no studio ..... 59.85
(P7)
Printing/copying/blueprint/quick copy ..... 120. 75
(P8)
Production company:
20
a.
Movie, television, music, etc ...... 242.55
b.
Video ..... 120.75
(P9)
Professional agency/firm/corporation/partnership/P.A., office only ..... 90.30
(P10)
Professional men and women:+
a.
Accountant (CPA) ..... 120.75
b.
Acupuncturist ..... 120. 75
c.
Architect (including landscape architect) ..... 120. 75
d.
Attorney ..... 120.75
e.
Chiropractor/chiropractic physician ..... 120. 75
f.
Clinical social worker ..... 120.75
g.
Dentist (including orthodontic surgeons) ..... 120. 75
h.
Engineer and planner ..... 120.75
i.
Hearing aid specialist/audiologist ..... 120. 75
j.
Interior designer ..... 120. 75
k.
Marriage and family therapist ..... 120. 75
I.
Mental health counselor ..... 120. 75
m. Optician or ocularist ..... 120. 75
n.
Optometrist or ophthalmologist ..... 120. 75
o.
Physician assistant or ARNP ..... 120.75
p.
Physician/surgeon/psychiatrist/radiologist, etc ...... 120. 75
q.
Psychologist ..... 120. 75
r.
Surveyor ..... 120. 75
s.
Therapist, occupational/physical, etc ...... 120. 75
t.
Veterinarian ..... 120. 75
u.
All others not specified in this section ..... 120.75
(P11)
Professional men, women, and firms (not state-licensed):
21
a.
Accounting/bookkeeping ..... 90.30
b.
Audit agency/auditor (unless licensed as certified public accountant) ..... 90.30
c.
Counselor ..... 90.30
d.
Court reporting/stenography ..... 90.30
e.
Interior decorating ..... 90.30
f.
All others not specified in this section ..... 90.30
(P12)
Promoters of entertainment, exhibits, shows, boxing, wrestling, television
closed circuit, fundraising (includes charity when reimbursed), etc., unless the
operator of the facility has paid the exhibition facility license ..... 242.55
(P13)
Property management ..... 120.75
(P14)
Publishing firm:
a.
Reserved.
b.
Other than newspaper; to include desktop publishing and typesetting ..... 90.30
c.
Newspaper ..... 120.75
R
(R1)
Real estate+
a.
Agency, each ..... 72.45
b.
Broker/principal, each ..... 57. 75
c.
Salesperson, each ..... 29.40
d.
Appraiser, each ..... 59.85
(R2)
Rental service:
a.
Automobiles or other motor vehicles ..... 242.55
b.
Miscellaneous equipment or supplies ..... 120. 75
(R3)
a.
Rental units:
Apartments, condos, adult congregate living facility:+
1.
1-10units ..... 120.75
2.
11-24 units ..... 178.50
22
3.
25-49 units ..... 242.55
4.
50-99 units ..... 364.35
5.
100-199 units .... .486.15
6.
200 and over ..... 606.90
b.
Boarding or rooming house ..... 35.70
c.
Hotel/motel+ ..... 120. 75
d.
Each additional hotel/motel rental room ..... 12.60
(R4)
Restaurants, cafeterias, delicatessens, snack bars:+
a.
No seating ..... 120.75
b.
Seating/dining room ..... 178.50
c.
Alcoholic beverage served (may require additional bar/lounge license) ..... 59.85
d.
Drive-up window ..... 59.85
s
(S1)
Schools (giving instruction for gain):
a.
Ballroom dance studios+ ..... 120.75
b.
Training facility (not falling into proper classification as a school) ..... 120. 75
c.
Private ..... 120.75
d.
All others not specified ..... 120. 75
(S2)
Service and/or repair:
a.
Carpet cleaning ..... 90.30
b.
Classes/workshops/instruction (within a licensed facility) ..... 90.30
c.
Cleaning service/janitorial ..... 90.30
d.
Dry cleaner/laundry/dyer (also see Tailor/seamstress) ..... 90.30
e.
Furniture/ (upholsterer/mender/refinisher, etc.) ..... 90.30
f.
Gunsmith ..... 90.30
g.
Handyman ..... 90.30
h.
Inspections ..... 90.30
23
i.
Installation ..... 90.30
j.
Jewelry ..... 90.30
k.
Lawn/landscape maintenance (pest control+) ..... 90.30
I.
Locksmith ..... 90.30
m. Mass mailing ..... 90.30
n.
Pool/spa maintenance ..... 90.30
0.
Secretarial ..... 90.30
p.
Shoe/boot ..... 90.30
q.
Telephone answering ..... 90.30
r.
Television/radio/video, etc ...... 90.30
s.
Tree surgeon/tree trimmer ..... 90.30
t.
All others not specified ..... 90.30
(S3)
Shows:
a.
Shows of all kinds giving performances or exhibitions under tents or other
temporary structures, or within temporary enclosures, except as otherwise
provided, each day (no proration) ..... 242.55
b.
Circuses, each day (no proration) ..... 364.35
(S4)
Storage/warehouse/public storage ..... 91.35
(S5)
Studio, recording/filming/processing/testing (sound and/or film) ..... 242.55
(T1)
Tailor/seamstress (including alterations) ..... 24.15
(T2)
Talent agent/agency+ ..... 242.55
(T3)
Tax-preparation service ..... 90.30
(T 4)
Telephone solicitation/telemarketing+ ..... 303.45
(T5)
Telephone/telecommunications company:
T
a.
Business office ..... 90.30
b.
Sales office ..... 178.50
24
c.
Rental ..... 120.75
d.
Service, repair, installation ..... 90.30
e.
Other telephone devices/services ..... 90.30
(T6)
Television cable company ..... 315.00
(T7)
Travel agency/seller of travel+ ..... 91.35
u
(U1)
Unclassified: Persons or firms doing business in the city from an office or store
building, not otherwise specifically identified, and not falling into proper classification
as merchants ..... 120. 75
v
(V1)
Vehicles for hire, taxicab/bus/limousines, etc. (additional requirements per
F.S. §§ 324.022, 324.031 and 324.032):
a.
b.
w
(W1)
Wedding chapel (other than church-affiliated facility) ..... 242.55
(W2)
Weight-control center (food item sales require merchant license) ..... 120. 75
Sec. 19-22. - Vehicle for hire carrier permit.
It shall be unlawful to operate, or cause to be operated in the City of
Altamonte Springs, a motor vehicle engaged in the commercial carriage of
passengers to include charter carriage, limousine and taxicab, for which a permit
has not been issued by the city as provided for in this chapter, or upon which said
permit has not been affixed. Said permit shall be affixed to the outside of the vehicle
in a manner prescribed by the city clerk, said permit shall be nontransferable from
the vehicle for which the same was issued, except upon a showing to the city clerk
that said vehicle has been permanently or temporarily lost from service and then
upon the payment of a three-dollar transfer fee.
Sec. 19-23. - Zoning to apply.
No receipts shall be issued to any applicant giving an address that does not
comply with the appropriate zoning laws of the city.
Sec. 19-24. - Merchant's tax where not specifically imposed.
25
Any person engaged in selling goods, wares and merchandise which is
specifically classified shall pay the specifically classified local business tax, but any
business not specifically licensed, and engaged in such business, shall pay the
merchant's business tax.
Sec. 19-25. - Refund.
Business taxes paid to the city shall not be refundable for any reason other
than denial of an application for a license or renewal thereof or clerical error on the
part of the city. Before making a refund to a licensee, all amounts payable under a
proper license shall be paid by such licensee.
Sec. 19-26. - Procedure for enforcement of payment.
(a) The payment of any business tax may be enforced by the seizure and sale of the
property employed in the business, profession or occupation upon which such business
taxes are imposed. This procedure shall be in addition to all other means available to
the city to enforce and collect payment of the tax.
(b) The city clerk may issue a warrant in the name of the city for the collection of the
business tax and such warrant may be executed by the chief of police or any police
officer of the city, who shall seize the property employed in such business, profession
or occupation, or so much thereof as may be necessary to pay said business tax and
shall offer the same for sale to the highest and best bidder for cash between the hours
of 11 :00 a.m. and 2:00 p.m., according to the official time prescribed for the state, at the
front door of the city hall, after publication of notice once a week for two (2) consecutive
weeks in a newspaper of general circulation published in the county, or after publishing
notice by posting in three (3) public places in the city, one (1) of which shall be the city
hall, for ten (10) days, of the time and place of sale.
(c) Out of the proceeds of such sale, the amount of such business tax and cost connected
with such sale shall be paid to the city and the balance shall be paid to the owner of the
property.
ARTICLE II. CITY BUSINESS PERMITS.
Sec. 19-30. Marijuana Businesses.
(a)
Definitions. The following words, terms and phrases, when used in this Article, shall
have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Permit~
1)
Applicant means an individual or business applying for a Medical Marijuana
2)
Business Operating Name means the legal or fictitious name under which a
medical marijuana retail center conducts its business with the public.
26
3)
Dispensing Organization means an organization approved by the Florida Department
of Health to cultivate, process, and dispense low-THC cannabis pursuant to Section
381.986, Florida Statutes.
4)
Employee means a person authorized to act on behalf of the medical marijuana
retail center, whether that person is an employee or a contractor, and regardless
of whether that person receives compensation.
5)
Low-THC Cannabis Oow-THC marijuana) has the meaning given low-THC cannabis
in Section 381.986(1 )(b), Florida Statutes.
6)
Low-THC Cannabis Dispensary means a business operation for the distribution of
low-THC cannabis or related supplies, whether a principal use or accessory use,
pursuant to Senate Bill 1030, constitutional amendment or any other provision 'of
Florida law.
7)
Low-THC Cannabis Facility means any authorized Low-THC dispensary, dispensing
organization or any other facility that dispenses, processes, grows, cultivates,
distributes, sells, or engages in any other activity that involves or is related to LowTHC cannabis, pursuant to Florida law.
8)
Medical Marijuana means any strain of cannabis, in any form, including low-THC
cannabis, which is authorized by state law to be dispensed or sold in the state of
Florida for treatment of certain medical conditions.
9)
Medical Marijuana Dispensarv means a business operation for the distribution of
medical marijuana or related supplies, whether a principal use or accessory use,
pursuant to constitutional amendment or any other provision of Florida law.
10) Medical Marijuana Facility means any authorized medical marijuana treatment
center, medical marijuana dispensary, or any other facility that dispenses,
processes, grows, cultivates, distributes, sells, QL.engages in any other activity that
involves or is related to medical marijuana pursuant to Florida law.
11) Medical Marijuana Permit means a business permit issued by the City pursuant to
this Article authorizing a business to sell medical marijuana in the City. Also
referred to as "Permit."
12) Medical Marijuana Retail Center means a retail establishment, licensed by the
Florida Department of Health as a "medical marijuana facility," "medical marijuana
treatment facility," "medical marijuana treatment center," "medical marijuana
dispensary," "dispensing organization/' "dispensing organization facility," "low-THC
cannabis dispensary," "low-THC cannabis facility," or similar use, that sells and
dispenses medical marijuana for individual use, but does not engage in any other
activity related to preparation, wholesale storage, distribution, transfer, cultivation,
growing or processing of any form of medical marijuana or medical marijuana
product, and does not allow on-site consumption of medical marijuana.
27
13) Medical Marijuana Treatment Center means any entity that acquires, grows,
cultivates, possesses, processes (including development of related products such
as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, or
distributes medical marijuana, or that administers medical marijuana, products
containing medical marijuana, related supplies, or educational materials to
qualifying patients or their personal caregivers and is registered or licenses by the
Department of Health. A medical marijuana treatment center may include retail
sales or dispensing of marijuana. A facility which provides only retail sales or
dispensing of marijuana shall not be classified as a medical marijuana treatment
center under this Chapter. Also may be referred to as a "medical marijuana
treatment facility" or "dispensing organization" or other similar term recognized by
state law.
14) Non-Medical/Recreational Marijuana Uses means the production, growing,
cultivation, distribution, purchase, sale, transfer, delivery or any other similar or
related use of marijuana, cannabis, cannabis-based products or cannabis plants
when such production, growing, cultivation, distribution, purchase, sale, transfer,
delivery or any other similar or related use is not associated with any medical
purpose or use, whether or not such purchase, sale, transfer or delivery is lawful
under federal or state law.
15) Owner or Owner/Operator means any person, including any individual or other
legal entity, with a direct or indirect ownership interest of 5% or more in the
Applicant, which interest includes the possession of stock, equity in capital, or any
interest in the profits of the medical marijuana retail center, or any person who
operates a medical marijuana retail center, regardless of ownership interest.
16) Premises means the building, within which a medical marijuana retail center is
permitted to operate by the City, including the property on which the buildil}gj§
located, all parking areas on the property or that are utilized by the medical
marijuana retail center and sidewalks, alleys and parkways adjacent to the property
on which the medical marijuana retail center is located.
17) Qualified registered patient/Qualified patient means a resident of the state of
Florida who has been added to the State's compassionate use registry Qy_§.
physician licensed under chapter 458 or chapter 459, Florida Statutes to receive
medical marijuana from a dispensing organization or medical marijuana treatment
center or similar use as defined in Florida Statutes.
(b)
Permit required. In addition to payment of all required business taxes, it shall be
unlawful for any business or person to operate a medical marijuana retail center, or to
otherwise offer for sale or in any way participate in the conduct of any activities upon
the Premises within the city without first obtaining a conditional use approval and a
Medical Marijuana Permit. Each person employed in the conduct of such activity shall
be screened and approved pursuant to this Article and required to obtain a Permit
before the Center opens for business or, for persons who become involved with the
28
Center after it is open, before commencing employment or having any involvement in
Center's activities. No such Permit shall be transferable; each person must obtain a
Medical Marijuana Permit directly from the City.
(c)
Applications for Permit; investigation and issuance; term.
(1)
Application. Applications for a Medical Marijuana Permit shall be made by the
Applicant in person to the City Clerk, or designee, during regular business hours
upon such forms and with such accompanying information as may be established
by the city. Such application shall be sworn to or affirmed. Every application shall
contain at least the following:
a.
The Business Operating Name and each Applicant and Owner/Operator
information. If the Applicant or Owner/Operator is:
1.
An individual, his or her legal name, aliases, home address and
business address, date of birth, copy of driver's license or a state or
federally issued identification card;
2.
A partnership, the full and complete name of the partners, dates of
birth, copy of driver's license or state or federally issued identification
card of all partners, and all aliases used by all of the partners, whether
the partnership is general or limited, a statement as to whether or not
the partnership is authorized to do business in the State of Florida
and, if in existence, a copy of the partnership agreement (if the
general partner is a corporation, then the Applicant shall submit the
required information for corporate applicant in addition to the
information concerning the partnership); or
3.
A corporation, the exact and complete corporate name, the date of its
incorporation, evidence that the corporation is in good standing, the
legal names and dates of birth, driver's license numbers or state or
federally issued identification card numbers of all officers. and
directors. and all aliases used, the capacity of all officers, and
directors. and, if applicable, the name of the registered corporate
agent, and the address of the registered office for service of process,
and a statement as to whether or not each corporation is authorized
to do business in the State of Florida.
4.
The addresses required by this section shall be physical locations,
and not post office boxes.
b.
A complete copy of the business' application to the State of Florida and all
related exhibits, appendices, and back up materials for approval and
licensure as a Medical Marijuana Treatment Center.
c.
A statement as to whether the Applicant or any Owner/Operator or Employee
has previously received a Medical Marijuana Permit from the City.
d.
holds other permits or licenses under this Code and, if so, the names and
29
locations of such other permitted or licensed establishments.
e.
has been a partner in a partnership or an officer or director of a corporation
whose permit or license issued under this Code has previously been
suspended or revoked, including the name and location of the
Establishment for which the license was suspended or revoked, as well as
the date of the suspension or revocation;
f.
A statement as to whether or not the Applicant or any Owner/Operator or
Employee has lost any privilege or had any permit or license to do business
suspended or revoked by any local, State or Federal government and, if so,
the nature of such privilege, permit or license and the reason for such
suspension or revocation.
g.
Employee has been found guilty of or has pleaded guilty or nolo contendere
to a felony relating to any business in this State or in any other state or
Federal court, regardless of whether a judgment of conviction has been
entered by the court having jurisdiction of such cases.
h.
Employee has been found guilty of, or have pleaded guilty or nolo
contendere to, a felony relating to a battery or a physical violence on any
person in this State or in any other state or Federal court, regardless of
whether a judgment of conviction has been entered by the court having
jurisdiction of such cases.
i.
Employee has filed a petition to have their respective debts discharged by a
bankruptcy court having jurisdiction of such cases.
j.
Written documentation that the Applicant, every Owner/Operator, and each
employee has, within the preceding 90 days, completed Level-2 background
screening.
k.
A list of all employees' names, aliases, nicknames, home addresses, dates
of birth, copy of drivers licenses or identification cards.
I.
A passport-sized photograph of the Applicant, every Owner/Operator, and
each Employee.
m.
A notarized, signed, and sworn statement that the information within the
application is truthful, independently verifiable, and complete and that the
photocopies of the attached driver's licenses or state or federally issued
identification cards are true and correct copies of the originals.
n.
In addition to demonstrating compliance with this Article, the Applicant shall
pay a nonrefundable application fee of $200.00 (or as may be otherwise set
by resolution of the City Commission), which amount must be paid for each
Applicant, each Owner, and each Employee to cover City administrative
30
costs and expenses incurred in reviewing and administering the application
and notice to the Applicant, irrespective of the issuance of the Medical
Marijuana Permit or denial of the application. Each Applicant shall also pay
an annual nonrefundable, nonproratable Permit fee as provided herein
before receiving a Medical Marijuana Permit.
(2)
Rejection of application. In the event the City determines that the Applicant has
not satisfied the application requirements for a proposed permit, the
Applicant shall be notified of such fact; and the application for the Medical
Marijuana Permit shall be rejected as incomplete.
(3)
Optional pre/iminarv application review. Any Applicant has the option to request
preliminary review of a Medical Marijuana Permit application, as follows.
a. Submittal and preliminary review request. An Applicant may submit a Medical
Marijuana Permit application to the City Clerk, or designee, prior to obtaining
a conditional use approval for the operation of a medical marijuana retail center
by submitting the application, signing a waiver of the application review time
periods as set forth in this Article, paying a $300.00 Application and
Preliminary Review fee, and signing an acknowledgement that no Medical
Marijuana Permit shall issue until and unless a conditional use approval is
granted for the operation of a medical marijuana retail center at the location
for which the Medical Marijuana Permit is requested and all conditional use
requirements and conditions have been satisfied.
b. Review. The City staff shall review the application as set forth in Subsection
(4) below; however, there shall be no issuance of a Medical Marijuana Permit,
only review and comments as to whether a Medical Marijuana Permit would
be appropriate based on the information provided in the application (and only
in the event of obtaining the requisite conditional use approval for operation of
a medical marijuana retail center at the location for which the Medical
Marijuana Permit is requested and satisfaction of all conditional use
requirements and conditions). Once all city review comments have been
received, the Application will remain open (unless requested to be closed by
the Applicant) for up to six months to allow a conditional use application for the
proposed location to be submitted and considered.
c. Final Review. If conditional use approval is granted for a medical marijuana
retail center at the location for which the Medical Marijuana Permit is
requested, the City Clerk. or designee, shall distribute the held Application to
the Growth Management Department and Police Department for final review,
as set forth in Subsection (4 ), below. No further application fee shall be
required.
( 4)
Application review.
a. Citv Clerk review. The City Clerk, or designee, shall accept the application
and compile all information, review same and, if complete, within fifteen (15)
days of receipt of the completed application, forward the application to the
Growth Management Director and Chief of Police for review and investigation.
31
b.
Growth Management review and investigation.
Upon receipt of the
application from the City Clerk, or designee, the Growth Management
Director, or designee, within fifteen {15) days, shall review the application
and documentation provided, shall provide comment and confirm
conditional use approval, consistency with all conditional use
conditions of approval, and that any and all change of use permits or
and
provide
change
of
occupancies
have
been
obtained,
recommendations regarding the Medical Marijuana Permit application to
the City Clerk.
c. Police Department review and investigation.
Upon receipt of the
application from the City Clerk, or designee, the Chief of Police, or
designee, within fifteen (15) days, shall review the application and
documentation provided, including the security plan, and conduct a
background screening of the Applicant, each Owner/Operator and
Employee, and shall provide recommendations regarding the Medical
Marijuana Permit application to the City Clerk.
d. Citv Manager acceptance. Upon receipt of such material from the Chief of
Police and the Growth Management Department, the City Clerk, or designee,
shall provide the City Manager with the recommendations of the City Clerk
Department, Growth Management Department and Police Department
regarding approval or denial of the application. The City Manager shall initial
the notification and return same to the City Clerk.
e.
f.
Applicant notification.
Within fifteen (15) days of receipt of the
recommendations from the Growth Management Department and Police
Department. the City Clerk shall either:
1.
Notify the Applicant that the Permit has been denied and the reason for
such denial; or
2.
Issue a Permit, with or without conditions; or
3.
Issue comments to be addressed to the City's satisfaction before a
Permit can issue. If City comments are not addressed within 30 days,
the Permit shall be denied. If a resubmittal addressing City comments
is provided, the City shall commence a second review as set forth in
this subsection.
Duration and Fees. Upon notification of approval of the application, and upon
payment of the $250.00 Medical Marijuana Permit fee (or amount as otherwise
set by resolution of the City Commission), a Medical Marijuana Permit shall be
issued for a one-year period for a term commencing October 1, or the date of
issuance, and ending the following September 30.
g. Denial. The City shall deny an Applicant's application for, or renewal of, a
Medical Marijuana Permit if an investigation of the Applicant, Owner/Operator,
or the Applicant's application, indicates that the Applicant, an Employee, or
any Owner/Operator:
32
1.
Has failed to pass a Level 2 background screening within the preceding
90 days of application or renewal application;
2.
Has failed to pay required licensing fees;
3.
Has failed to demonstrate compliance with the requirements of this
Article;
4.
Has a criminal prosecution pending against him/her in any state or
Federal court for fraud or a felony;
5.
Has been convicted. whether through a plea-bargain, jury trial or judicial
determination, of fraud or felony by any state or Federal court within the
past five years;
6.
Has obtained any governmental permit by fraud or deceit; or
7.
Has negligently or intentionally misrepresented or concealed
information required by this Article in an application for a Permit.
8.
Should not be granted a Permit based upon information obtained in the
review of the application which would support a denial of the Permit;
9.
Has not received conditional use approval, or the application is not
consistent with the conditional use approval requirements, as set forth
in the City Land Development Code.
(d) Permit. In connection with the issuance or renewal of a Medical Marijuana Permit by
the City, the Chief of Police shall verify a successful Level 2 background screening for
each Applicant for a Permit as well as for each Owner/Operator and each Employee.
On the face of each Permit there shall be placed the following:
(e)
( 1)
A photograph of the ApplicanUOwner/Operator/Employee;
(2)
The Permit number;
(3)
The Permit holder's name and address;
( 4)
The name and address of the medical marijuana retail center, along with the State
License that the ApplicanUOwner/Operator/Employee holds; and
(5)
The expiration date of the Permit.
Revocation. Any Medical Marijuana Permit issued under this Article shall be
immediately revoked if any one or more of the following occurs:
(1)
The Applicant provides false or misleading information to the City;
(2)
Anyone on the premises knowingly dispenses, delivers, or otherwise transfers any
medical marijuana or medical marijuana product to an individual or entity not
authorized by state law to receive such substance or product;
(3)
The Applicant, an Owner/Operator or a manager is convicted of a felony offense;
33
(f)
(4)
Any Applicant, Owner/Operator, manager or Employee is convicted of any drugrelated crime under Florida Statutes;
(5)
The Applicant fails to correct any City Code violation or to otherwise provide an
action plan to remedy the violation acceptable to the City within the time set for
compliance in the notice of violation;
(6)
The Applicant fails to correct any State Law violation or address any warning in
accordance with any corrective action plan required by the State within the
timeframes and completion date the Applicant provided to the City;
(7)
The Applicant's State license or approval authorizing the dispensing of medical
marijuana expires or is revoked; or
(8)
Any conditional use approval granted by the City for the use of a medical
marijuana retail center at a particular location expires or is revoked.
Permit operation requirements. Any business operating under a Medical Marijuana
Permit shall comply with the following operational guidelines.
(1)
Business Identification. The words "bong," "bud," "cannabis," "chronic," "demp,"
"dope," "ganja," "grass," "green," "hash," "hashish," "hemp," "herb," "hydro," "indo,"
"joint," "laughing," "marijuana," "mary jane," "medical" "Peyote," "pot," "puff,"
"reefer," "smoke," "wacky tabacky," "weed," or synonyms for such words or similar
words, or variations of such words, or illustrative graphics, shall not be permitted
in the Business Operating Name of the medical marijuana retail center.
(2)
Hours of operation. Operation is permitted only between the hours of 7 A.M.
through 9 P.M ..
(3) On-Site consumption of Marijuana. No medical marijuana retail center shall allow
any medical marijuana to be smoked, ingested or otherwise consumed on the
Premises. The medical marijuana retail center shall take all necessary and
immediate steps to ensure compliance with this paragraph. No person shall
smoke, ingest or otherwise consume medical marijuana on the Premises.
(4)
Alcohol prohibited. No medical marijuana retail center shall allow the sale,
service, or consumption of any type of alcoholic beverages on the Premises, and
shall take all necessary and immediate steps to ensure compliance with this
paragraph. No person shall consume an alcoholic beverage on the Premises.
(5)
Tobacco sales prohibited. No medical marijuana retail center shall allow the sale,
service or consumption of any type of tobacco product on the premises, and shal[
take all necessary and immediate steps to ensure compliance with this product.
No person shall consume tobacco products on the premises.
(6)
Outdoor activitv. There shall be no outdoor displays, sales, promotions, or
activities of any kind permitted on the Premises. All activities and business shall
be conducted within the confines of the permanent building containing the medical
marijuana retail center.
34
(7)
On-site storage. There shall be no on-site storage of any form of medical
marijuana or medical marijuana product, except as reasonably necessary for the
conduct of the medical marijuana retail center's on-site business.
(8)
Live plant materials. No living marijuana plants are permitted on the site of a
medical marijuana retail center.
(9)
Garbage. Refuse or waste products incident to the sale and distribution of medical
marijuana for individual use shall be destroyed, in a manner similar to medical
waste, on-site at least once every 24 hours.
(10) Securitv.
With the application, the Applicant shall submit a security plan
demonstrating compliance with Section 381.986, Florida Statutes, and all other
applicable statutes, State administrative rules, and Altamonte Springs Police
Department requirements to the satisfaction of the Chief of Police, or designee.
a.
In addition to proving compliance with all State requirements, the security
plan shall, at a minimum, provide the following:
1.
Fully operational site lighting and alarms reasonably designed to ensure
the safety of persons and to protect the Premises from theft, both in the
Premises and in the surrounding rights-of-way, including:
i.
a silent security alarm that notifies the Police Department or a
private security agency that a crime is taking place;
ii.
a vault, drop safe or cash management device that provides
minimum access to the cash receipts; and
iii.
a security camera system capable of recording and retrieving
images within and immediately around the medical marijuana retail
center, and which shall be operational at all times during and after
business hours. The security cameras shall be located:
(i)
at every ingress and egress to the medical marijuana retail
center, including doors and windows;
(ii) on the interior where any monetary transaction shall occur; and
(iii) at the ingress and egress to any area where medical marijuana
is stored;
iv.
2.
a lighting plan, providing adequate site lighting, including
security lights above doorways/exits and other areas on the
perimeter of the building.
Doorways/exits shall have wall
mounted fixtures.
Traffic management and loitering controls, including signs prohibiting
loitering, and location of same;
35
3.
Cash and inventory controls for all stages of operation on the Premises,
and during transitions and delivery.
b.
The Chief of Police shall review the Applicant's operational and security plan
utilizing Crime Prevention Through Environmental Design (CPTED)
principles. The Chief may impose site and operational revisions as are
deemed reasonably necessary to ensure the safety of the Applicant,
Owner(s), Employees, customers, adjacent property owners and residents,
which may include items such as methods and security of display and
storage of marijuana and cash, limitations on window and glass door
signage, illumination standards, revisions to landscaping, and any other
requirement designed to enhance the safety and security of the Premises.
c.
The Owner/Operator shall at all times ensure compliance with Chapter 5 of
the Citv Code of Ordinances, relating to alarms.
d.
Any instance of breaking and entering at a medical marijuana retail center,
regardless of whether Marijuana or Marijuana-based products are stolen,
shall constitute a violation of this Article if the security alarm shall fail to
activate simultaneous with the breaking and entering.
( 12) Odor and air qualitv. A complete air filtration and odor elimination filter and
scrubber system shall be provided ensuring the use will not cause or result in
dissemination of dust, smoke, or odors beyond the confines of the building, or in
the case of a tenant in a multi-tenant building, beyond the confines of the occupied
space. A double door system shall be provided at all entrances to mitigate odor
intrusion into the air outside the medical marijuana retail center.
(13) Delivery Vehicle Identification. For security purposes, no vehicle used in the
operation of or for the business purposes of a medical marijuana retail center shall
be marked in such a manner as to permit identification with the medical marijuana
retail center.
(14) Notification Signage. Signage for a medical marijuana retail center shall be as set
forth in the Land Development Code for signage, and additionally shall post, at
each entrance to the medical marijuana retail center the following language:
ONLY INDIVIDUALS WITH LEGALLY RECOGNIZED MARIJUANA OR
CANNABIS QUALIFYING PATIENT OR CAREGIVER IDENTIFICATION
CARDS OR A QUALIFYING PATIENT'S LEGAL GUARDIAN MAY OBTAIN
MARIJUANA FROM A MEDICAL MARIJUANA RETAIL CENTER.
The required text shall be in letters a minimum of one-half inch in height.
(15) On-site community relations contact. The medical marijuana retail center shall
provide the City Clerk, and all property owners and tenants located within one
hundred (100) feet of the entrance to its building, with the name, phone number,
36
and e-mail or facsimile number of an on-site community relations staff person to
whom they can provide notice during business hours and after business hours to
report operating problems. The medical marijuana retail center shall make every
good faith effort to encourage neighbors to call this person to try to solve operating
problems, if any, before any calls or complaints are made to the Police
Department or other City officials.
(16) Emplovment restrictions. It shall be unlawful for any medical marijuana retail
center to employ any person who:
a.
is not at least 21 years of age; and
b.
has not passed a Level 2 background screening.
( 17) Persons allowed to enter the Premises.
a.
Underage entry. It shall be unlawful for any medical marijuana retail center
to allow any person who is not at least 18 years of age on the Premises
during hours of operation, unless that person is authorized by State law to
purchase Medical Marijuana, whether as a qualified patient with a valid
identification card or primary caregiver or legal guardian of a qualified patient
with a valid identification card, or said person is accompanied by a parent or
legal guardian who is a qualified patient with a valid l.D. card.
b.
Entry by persons authorized by State law. It shall be unlawful for any medical
marijuana retail center to allow any person on the Premises during the hours
of operation if that person is not authorized by State law to be there, as either
the Owner, operator. employee or qualified patient or minor child who is a
qualifying patient or accompanying a qualified patient.
(18) Product visibility. No marijuana or product of any kind may be visible within three
(3) feet from any window or exterior glass door.
(19) Sole business. No business other than the dispensing of medical marijuana shall
be permitted to be conducted from the Premises, except as may be disclosed and
authorized as part of the conditional use approval.
(20) Compliance with State regulations and licensure requirements. A medical
marijuana retail center must comply with all federal and state laws, licensing and
regulatory requirements.
a.
A medical marijuana retail center shall notify the City within five (5) business
days of receipt of any notice of violation or warning from the State or of any
changes to its State licensing approvals.
b.
If a medical marijuana retail center receives a notice of violation or warning
from the State, it shall, no later than twenty (20) business days after receipt
of the notice, provide a copy of the corrective action plan and timeframes and
completion date to address the identified issues to the City.
37
(21) Prohibited activities. A medical marijuana retail center shall not engage in any
activity other than those activities specifically defined herein as an authorized part
of the use. The preparation, wholesale storage, distribution, cultivation, or
processing of any form of marijuana or marijuana product, and on-site
consumption of any marijuana or marijuana product is specifically prohibited at a
medical marijuana retail center. On-site storage of any form of marijuana or
marijuana product is prohibited, except to the extent reasonably necessary for the
conduct of the on-site retail business.
(g) Appeals. Any Applicant may appeal a denial of a Medical Marijuana Permit or
renewal, or may appeal a revocation of a Medical Marijuana Permit, as follow:
( 1) Appeal of Medical Marijuana Permit, renewal or revocation of Permit. An Applicant
aggrieved by the denial, non-renewal, or revocation of a Medical Marijuana Permit
may appeal such decision to the City Manager of the City of Altamonte Springs within
30 days from said decision denying, denying renewal or revoking said Permit. The
City Manager, within 45 days, shall hear said appeal, which shall be a review of the
application, department recommendations and comments and all pertinent and
relevant information, and may affirm, reverse, or modify the decision, via written
determination within 30 days from the appeal hearing.
(2) Appeal of Citv Manager decision. An Applicant aggrieved by the decision of the
City Manager in the appeal of a denial, revocation or non-renewal of a Medical
Marijuana Permit may appeal such decision, within 30 days, to the City Commission.
The city commission shall schedule a hearing on the appeal at the next available
commission meeting and shall review all relevant information presented to them and
shall not be limited to a mere portion or part of the overall matter. The city commission
determination shall be by voice motion and vote at the appeal hearing.
QlAppeal of cil:t.__!1ommission decision. An Applicant aggrieved by the determination
of the city commission may appeal to the circuit court within 30 days from the date of
said determination, for review by certiorari, not de novo. Such appeal to the circuit
court shall be restricted to the record before the city commission, or, if the city
commission concurs with the decision of the City Manager, the record to be reviewed
shall be that of the hearing before both the City Manager and city commission~
SECTION 4. Conflicts. Any and all Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 5. Severability. If any provisions of this Ordinance or the application
thereof to any person or circumstance is held invalid, the invalidity shall not affect other
provisions or applications of the Ordinance which can be given effect without the invalid
38
provision or application, and to this end the provisions of this Ordinance are declared
severable.
SECTION 6. Effective Date. This ordinance shall become effective immediately
after passage.
PASSED AND ADOPTED THIS
- - - DAY OF DECEMBER, 2015.
FIRST READING: - - - - - - - ADVERTISED: - - - - - - - SECOND RE A D I N G : - - - - - -
PAT BATES, MAYOR
Of the City of Altamonte Springs, Florida
ATTEST:
JAMES A. FOWLER, ESQ.
CITY ATTORNEY
39
Meeting Date: November 17, 2015
From:
Official Use Only
Commission Action: _ _ _ _ _ _ __
City Manager:-,..,.-----,-"-------
Approved·
Date: _ _ _ _ _ _,___ _ _ _ __
SUBJECT: Purchase Agreement between Genesis Professional Center Condominium Associates, Inc., a
Florida corporation and the City of Altamonte Springs
As part of the Orienta Avenue Improvements project, Orienta Avenue will be reconstructed with an
urban cross-section which will include, among other improvements, wider sidewalks, drainage and
landscaping. The project will result in increased pedestrian connectivity asweU as substantial aesthetic
enhancements.
Theproposed improvements require the acquisitionof additional right-of-way from parcels along the
corridor. We have reached a proposed agreement with Genesis Professional Center Condominium
Associates, Inc., one of the affected property owners. Under the proposed agreement, the City will pay
$9,000 to Genesis Professional Center Condominium Associates, Inc., Jor the right-of-way. The
purchase price is. based on an appraisal dated June 3, 2015,prepared for the City by DeRango,Bestand
Associates which placed the value . of the property at $7,456.00, plus $1,544.00 additional
compensation to cover the cost of consideration and review ofthe proposal by the multiple owners
involved.
RECOMMENDED ACTION: Approve the Purchase Agreement between Genesis Professional Center
Condominium Associates, Inc., and the City of Altamonte Springs and authorize the Mayor to execute
same.
Initiated by: Uana Griffiths, Finance
PURCHASE AGREEMENT
STATE OF FLORIDA
COUNTY OF SEMINOLE
THIS PURCHASE AGREEMENT (the "Agreement') is made and entered into this
day of ~~, 2015, by and between GENESIS PROFESSIONAL
CENTER CONDOMINIUM ASSOCIATION, INC., a Florida corporation, hereinafter
referred to as the "Seller" and THE CITY OF ALTAMONTE SPRINGS, FLORIDA, a
Florida municipal corporation, hereinafter referred to as "Purchaser,". Seller and
Purchaser may sometimes be referred to in this Agreement individually as a "Party" or
collectively "Parties."
;UJ~
WIT N ES S ETH:
WHEREAS, the Purchaser requires the hereinafter described Property for right of
way improvements, including, without limitation, street re-paving, sidewalk installation and
upgrade, drainage and stormwater utility improvements as well as installation, repair and
replacement of other utilities ("the Improvements"); and
WHEREAS, t.he Seller is willing to sell the Property necessary for completion of the
Improvements to the Purchaser subject to the terms and conditions set forth herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions herein contained, the Seller hereby agrees to sell and the Purchaser hereby
agrees to buy the following Property upon the following terms and conditions:
I.
PROPERTY.
The Property to be conveyed from Seller to Purchaser is set forth on the
Sketch of Description, with Legal Description, attached hereto as Exhibit
"A", and incorporated herein by this reference (the "Property"). All of the
Property shall be conveyed, assigned and transferred to Purchaser at
Closing (hereinafter defined) free and clear of all liens, claims, and
encumbrances.
Comprising a portion of Parcel I. D. Number: 13-21-29-524-0COO-OOOO
II.
PURCHASE PRICE.
(a)
The Seller agrees to sell and convey the above described Property by
Warranty Deed, free of liens and encumbrances, unto the Purchaser for the sum of
$9,000.00 (the "Purchase Price") based on the appraisal dated June 3, 2015, by
DeRango, Best and Associates. Purchaser shall escrow the Purchase Price with Empire
Title Company of Florida, Inc. upon execution of this Agreement.
(b)
The Purchaser shall be responsible for the recording fees for the Warranty
Deed. The Purchaser shall be responsible for acquiring its own title insurance at the
Purchaser's expense.
(c)
Closing costs and pro"rata real estate taxes shall be withheld by Empire
Title Company of Florida, Inc. from the proceeds of this sale and paid to the proper
authority on behalf of Seller and Purchaser, as appropriate.
(d)
The Seller covenants that there are no real estate commissions due any
licensed real estate broker and further agrees to defend against and pay any valid claims
made in regard to this purchase relating to covenants made herein by the Purchaser.
(e)
Purchaser shall pay to Seller the balance of the Purchase Price, net of any
liens or encumbrances, in cash, on the date of closing of the Property.
m.
CONDITIONS.
(a)
The Purchaser shall pay to the Seller the sum as described in Item IL,
above, upon the proper execution and delivery of all the instruments required to complete
the above purchase and sale to the designated closing agent. The Seller agrees to close
within thirty (30) days of notice by the Purchaser or the Purchaser's closing agent that a
closing is ready to occur.
(b)
This Agreement is contingent upon the approval of the sale of the Property
by the Altamonte Springs City Commission.
(c)
Prior to closing, Seller shall provide to Purchaser any offsite easements
necessary for construction of the Improvements described above.
(d)
The Seller agrees to surrender possession of the Property upon the date of
delivery of the instruments and closing of this Agreement.
(e)
Seller warrants that there are no facts known to Seller materially affecting
the value of the Property which are not readily observable by the Purchaser or which have
not been disclosed to the Purchaser.
(f)
The instrument(s) of conveyance to be utilized at closing shall, in addition
to containing all other common law covenants through the use of a Warranty Deed, also
include the covenant of further assurances.
(g)
The Parties shall fully comply with Section 286.23, Florida Statutes, to the
extent that said statute is applicable.
(h)
To the extent permitted by Florida law, the Purchaser shall be solely
responsible for all of due diligence activities conducted on the Property. The Seller shall
not be considered an agent or employee of the Purchaser for any reason whatsoever on
account of the Agreement
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed in their respective names on the day and year first above written.
Seller:
~M~"""? ;;74.,0R~~
{;plll)o#ll/Jl.V-,1;\ ~All~/ /,,Jc,,. •
~~~~~~~~~~~~-'a~,__~~~~~~~~-
authorized to conduct busi es
n the State of Florida
By:
Name:
Title:
STATE OF FLORI~
COUNTY OF
/t1 f(vo1-ve
J
diJ 'tf-
~,The
foregoing instrument was ack110?1~dged ,;before me this
day of
ut,fo8f- P, 2015, by
~/~
, as the
~~
of GENESIS PROFESSIONAL CENTER
CONDOMINIUM ASSOCIATION, INC., a Florida corporation, authorized to conduct
business in the State of Florida, and (s)he acknowledged before me that (s)he had the
authority to and did execute same on behalf of the corporation.
~;)
/\
AFFIX NOTARY STAMP
111•41,
--f~t!l'·~".~!;:,
g.;
KATHRYN ANNE JANES
'.•~ MY COMMISSION# EE874335
:::%
..
l •, ""' ,,
l
l {40 7) 396-01 53
(fl--·1,,,.....,~
J
(Print Notary Name)
k:(Personally known, or
D Produced Identification
Type of Identification Produced:
EXPIRES February 12 2017
F!Cr«!3N¢1
Semce com
[Additional Signature Page Follows]
Psychological Wellness for Children and Families, Inc., A Florida Corporation
Barbara A. Mara, CEO
By:
Name:
Barbara A. Mara
Title:
Owner of Unit 1010
STATE OF FLORIDA
COUNTY OF SEMINOLE
. The fore~oing instrument was acknowledged before me this
day of
0l
ti./<
2015, by Barbara A. Mara, an individual, who is personally
known to me or who has produced
as
identification and who did (did not) take an oath.
AFFIX NOTARY STAMP
j
:i~':~~-
; i';
KATHRYN ANNE JANES
:•~ MY COMMISSION# EEB74335
I ~~·
,,,,91',. ..-',•
; \40?) 3W-01S3
(Print Notary Name)
MPersonally known, or
Produced Identification
Fll:lfldaNotaryService com
[Additional Signature Pages Follow]
Lehmann East, LLC, a Florida limited liability company
By:
Name:
Keith Lehmann, Manager
Title:
Owner of Unit 2020
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this /7 :ai. day of
oc robar
, 2015, by Keith Lehmann, in his capacity as manager of
Lehmann East, LLC, a Florida limited liability company, who is personally known to me or
who has produced
as 1dentif1cat1on ana he
acknowledged before me that he had the authority to and did execute same on behalf of
the company.
Signature of Nata
P
lie
ftt-r ,,.._ey,,v !l.-v(Vlf' -'_4,,,v4
AFFIX NOTARY STAMP
'(Print Notary Name)
ti'Personally known, or
--~~,;Ji~k~.
KATHRYN ANNE JANES
"iro. ·~·
MY COMMISSION# EE874335
~~.
~f
I (401i':i88-0153
FloodaNotaryServtce com
JEM PROPERTY, LLC, a Florida limited liability company
By:
Name:
Title:
Owner of Unit 1030
STATE OF FLORIDA
COUNTY OF SEMINOLE
J
The foregoing instrument was acknowledged before me this /
day of
11
vC, ~r·.:J/3 fL
, 2015, by Jennifer C. Frank, Manager of Jem Property, LLC, a
Florida limited liability company, who is personally known to me or who has produced
as identification and she acknowledged before
me that she had the authority to and did execute same on behalf of the company.
Signature of Notary1Public
(Print Notary Name)
AFFIX NOTARY STAMP
I
~Aff=iRYN ANNE JANES
M¥ eOMMISSION # EE874335
!;li(f§IUU!S Febwary 12 2017
,~
£1 Personally known, or
$41fVlO!ileMI
DESIGN ENTERPRISES, INC., a Florida corporation
By:
Name:
Lisa Bellini, Vice President
Title:
Owner of Unit 1040
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this J ~ -if day of
0 t. 7ofc3 f2 K
, 2015, by Lisa Bellini, Vice President of Design Enterprises,
Inc., a Florida corporation, who is personally known to me or who has produced
F-L])IJ,gus Ll &,~.
as identification and she acknowledged before
me that she had the authority to and did execute same on behalf of the corporation.
AFFIX NOTARY STAMP
(Print Notary Name)
D Personally known, or
·S:Produced Identification
HANSEN & VERONA, IJ>.ICjj a Florida corporation
1/1/ p
;JJJ l
. f/LJL-,_~··--
By:
Name:
Mark A. Hansen, President
Title:
Owner of Unit 1050
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this
day of
-----""---'"-----'------ 2015, by Mark Hansen, President of Hansen & Verona, Inc., a
Florida corporation, who is personally known to me or who has produced
- - - - - - - - - - - - - - - as identification and he acknowledged before
me that he had the authority to and did execute same on behalf of the company.
AFFIX NOTARY STAMP
·-..
KATHRYN ANNE JANES
~ MY COMMISSION# EEB74335
/
EXPIR~~ Ftbwary 12 2017
~
(Print Notary Name)
~Personally known, or
com
[Additional Signature Pages FollowJ
GOVIND M. CHAUDHARI REVOCABLE LIVING TRUST UTD 08/01/1990
~·
By:
Name:
Meena G. Chaudhari, Trustee
Title:
Owner of Unit 1060
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this ;2 0 day of
2015, by Meena Chaudhari, Trustee of the GOVIND M.
CHAUDHARI REVOCABLE LIVJNG.;2-UST,UT9 08/?111990, who is pers~nally_ ~no~n
to me or who has produced f-k// a /J.F1 Vc/z
c-enzf:
as 1dent1f1cat1on
and she acknowledged before me that she had the authority to and did execute same on
behalf of the Trust.
Oe-fok-er
,
h
Signature of Notary Public
AFFIX NOTARY STAMP
~(Print Notary Name)
D j?ersonally known, or
12( Produced Identification
M·r;;4, Jk/'vr/~. £~-f'L6E
i
.
..
Purchaser:
THE CITY OF ALTAMONTE SPRINGS
Date:
ATTEST:
Erin O'Donnell, City Clerk
of Altamonte Springs
James A. ("Skip") Fowler, City Attorney
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this __ day of
_ _ _ _ , 2015, by Pat Bates and Erin O'Donnell, Mayor and City Clerk
respectively, of the CITY OF ALTAMONTE SPRINGS, FLORIDA, who are
personally known to me and they acknowledged executing the same freely and
voluntarily under authority vested in them and that the seal affixed thereto is the
true and corporate seal of the City of Altamonte Springs, Florida.
Signature
(Notary Seal)
Print or type name
Notary Public-State of Florida
Commission No:- - - My Commission Expires: __
Attachments:
Exhibit "A" the Sketch of Description of Property
LEGAL DESCRIPTION
EXHIBIT "A"
PARCEL: 105
TA
FEE SIMPLE
PURPOSE: ROAD RIGHT OF WAY
A port of that certain parcel of land as described and recorded in Official Record Book 1891, Pages 434,
Public Records of Seminole County, Florida, being a portion of Lot 452 of the Altomonte Land, Hotel and
Navigation Co. according to the plot thereof as recorded in Plat Book 1, Page 12 of said Public Records,
lying within Section 13, Township 21 South, Range 29 East, Seminole County, Florida, being more particularly
described as follows:
Commence at the Northwest comer of the Southwest 1/4 of Section 18, Township 21 South, Range 30
East, Seminole County, Florida being a 5" x 5 11 concrete monument with brass disc (JWG #1585 #1819);
thence run North 00 degrees 58 minutes 45 seconds West a distance of 38.51 feet to a 4 11 x 4 11 concrete
monument with no identification; thence continue North 00 degrees 58 minutes 45 seconds West along the
East line of said Lot 452 a distance of 5.00 feet to a point on the North Right-of-way line of Orienta
Avenue as described in Official Record Book 1925, Pages 760-762 for a Point of Beginning; thence run
South 88 degrees 51 minutes 19 seconds West along said North Right-of-way line as described in Official
Record Book 1925, Pages 760-762 of said public records a distance of 139.34 feet
to a point on the
West
line of said Lot 452; thence departing said North Right-of-way line run North 00 degrees 45 minutes 10
seconds West a distance of 3.80 feet; thence North 88 degrees 21 minutes 48 seconds East a distance of
139.33 feet; thence South 00 degrees 58 minutes 45 seconds East a distance of 5.00 feet to the Point of
Beginning.
Containing 613 square feet, more or less.
SURVEYOR'S NOTES:
BUCHHEIT ASSOC/A TES INC.
PROJECT NUMBER: 2120003-0001
DRAWING No: PARCEL 105
DATE:
6 /26 /2014
REVISED:
9 /11 /2015
SH
T 1 OF 2
1. THIS IS NOT A SURVEY.
2. THE BEARINGS SHOWN HEREON ARE ASSUMED, BASED
ON A BEARING OF N88.57'20"E ALONG THE NORTH LINE
OF THE SOUTHWEST 1/4 OF SECTION 18, TOWNSHIP 21
SOUTH. RANGE 30 EAST.
3. SUBJECT TO EASEMENTS AND /OR RIGHTS OF WAY OF
RECORD.
4. SEE SHEET 2 FOR SKETCH OF DESCRIPTION.
BUCHHEIT ASSOCIATES, INC.
SURVEYORS AND MAPPERS
LICENSED BUSINESS # 6167
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND
MAPPER.
SKETCH OF DESCRIPTION
PARCEL: 105
1"
=
LEGEND:
POINT OF BEGINNING
PLAT BOOK
PAGE
RIGHT OF WAY
RADIUS
ARC LENGTH
CHORD LENGTH
CHORD BEARING
CENTRAL ANGLE (DELTA)
P.C.
POINT OF CURVAtURE
P.O.C. POINT OF COMMENCEMENT
P.T.
POINT OF TANGENCY
SEC.
SECTION
TWP.
TOWNSHIP
RNG.
RANGE
0.R.
OFFICIAL RECORDS BOOK
C.M.
CONCRETE MONUMENT
SQ.
SQUARE
FT.
FEET
P.0.8.
P.B.
PG.
R/W
R
L
Ch
30'
ALTAMONTE LAND
HOTEL AND
NAVIGATION CO.
P.B. 1,
12
N
If)
..;-
I-
0
...J
LOT 452
w
z
3:
:J
0.....
I-
(/)
~
io
"d- ~
·Oco
o
o.
z t")
5.00'
S88"51 '19"W
139.34'
P.O.B.
NORTH R/W LINE
PER O.R. 1925, PGS. 760- 762
ORIENTA AVENUE
(R/W WIDTH VARIES)
N88'57'20"E
P.O.C.
NW CORNER SW 1/4
SEC. 18, TWP. 21 S,
RNG. 30 E
5"x5" C.M. "JWG
#1585 #1819
(BEARING BASIS)
NORTH LINE SW 1/4
SEC.
1~
TWP. 21 S,
RNG. 3u E
BUCHHEIT ASSOCIATES INC.
SHEET 2 OF 2
SEE SHEET 1 FOR LEGAL DESCRIPTION, NOTES AND CERTIFICATION
PROJECT NUMBER: 2120003-0001
DRAWING No: PARCEL 105
DATE:
6/26/2014
REVISED:
9 /11 /2015
Official Use Only
Commission A c t i o n : - - - - - - - - City Manager:---..,..---------
SUBJECT:
Transfer ownership of K-9 Aron to MPO Roberto Ruiz
Due to his age, Aron recentlyretired from the City of Altamonte Springs. His handler, MPO Roberto
Ruiz,would like to own Aron. MPO Ruiz is uniquely qualified to own Aron because of both of their
combined training, and MPO Ruiz's experience in the care, control, and supervision of Aron.
RECOMMENDED ACTION:
Approve ownership transfer of K-9 Aron from City of Altamonte Springs to MPO Roberto Ruiz and
authorize the Mayor to sign the transfer agreement.
Initiated by: James Riggs, Investigations Division Commander.'- Police Department
AGREEMENT FOR DONATION OF CANINE
This agreement is made and entered into between the City of Altamonte
Springs, (hereinafter referred to as "CITY"), and Master Police Officer Roberto
Ruiz (hereinafter referred to as "RECIPIENT").
WITNESSETH:
WHEREAS, SECTION 274.06 authorizes the CITY to donate agency
property under specified conditions; and
WHEREAS, due to his age and a deteriorating medical condition it has been
determined that it is in the best interest of K-9 Officer Aron (hereinafter "Aron") that
he be medically retired from the City of Altamonte Springs, and;
WHEREAS, the CITY recognizes "Aron" for his faithful service and wishes to
make arrangements for his future well-being and;
WHEREAS,
RECIPIENT informed the City of Altamonte Springs via
memorandum dated November 7, 2015 that he would like to take possession,
ownership, and responsibility for K-9 Officer "Aron" and;
WHEREAS, the CITY, believes the donation of K-9 Officer "Aron" to his
handler and companion is in best interests of both the City of Altamonte Springs and
K-9 Officer "Aron"; and
WHEREAS, RECIPIENT desires to own and care for K-9 Officer "Aron" and
is uniquely qualified to do so because RECIPIENT is K-9 Officer "Aron's" current
handler and has been trained to care for, control, and supervise canines which have
been trained and used for law enforcement purposes;
NOW,
THEREFORE,
in
consideration
of the
mutual considerations,
understandings, and covenants set forth herein, the parties agree as follows:
TERMS OF DONATION OF CANINE
1.
CITY hereby agrees to donate all rights, title, and interest in K-9
Officer "Aron" to RECIPIENT.
1
City of Altamonte Spring
2.
RECIPIENT hereby agrees to accept ownership of K-9 Officer "Aron"
and to take full responsibility for his care, control, and supervision upon donation
and execution of this agreement.
3.
RECIPIENT agrees to release, hold harmless, defend, and indemnify
the City of Altamonte Springs, elected and appointed officials, officers, agents,
representatives, and employees from any and all claims of liability for damages of
any nature whatsoever allegedly arising from the actions and incidents and/or
ownership requirements of retired K-9 Officer "Aron" commencing from the date of
this donation.
4. RECIPIENT understands and agrees that the CITY makes no guarantees
or representations including but not limited to the health, temperament, disposition,
or physical and mental condition of K-9 Officer "Aron."
5.
RECIPIENT and CITY agree that the donation of K-9 Officer "Aron" is
binding and final.
IN WITNESS WHEREOF, CITY AND RECIPIENT have knowingly and
voluntarily made and executed this agreement for the purpose herein expressed.
Date
Mayor Patricia Bates
Master Police Officer Roberto Ruiz, Recipient
2
Date
Official Use Only
Commission A c t i o n : - - - - - - - - - - City M a n a g e r : - - - - - - - - - - Date: ______________~
SUBJECT:
Request for Approval
Waive Formal Solicitation and Approve Sole Source -Aurora and Layne Vertical Turbine Pump Parts & Repairs
SUMMARY EXPLANATION & BACKGROUND: The Aurora and Layne vertical turbine pumps at the City's Regional
Water Reclamation Facility are nearing the end of their usefulness.
On October 21, 2014, the Commission waived the formal solicitation process and approved Barney's Pumps as the
sole source provider to repair the first of three Aurora and Layne vertical turbine pumps.
In October 2015, the Procurement Division received a request from the Public Works Department seeking
authorization to waive the formal solicitation process and approve Barney's Pumps as the sole source provider to
provide parts and repair the remaining two Aurora and Layne vertical turbine pumps in excess of $70,000.00.
Aurora and Layne vertical turbine pumps are just two of Pentair Flow Technologies product lines. Aurora and Layne
manufacture the vertical turbine pumps. Barney's Pumps is the only distributor for the vertical turbine pumps
authorized to sell in our territory.
The cost of Aurora and Layne vertical turbine pumps will exceed the formal solicitation threshold ($25,000 and
over). Therefore, procurement procedures require Commission approval to waive the formal solicitation process
(Procurement Procedure No.003 & 004 and Resolution No. 988) and approve single and sole source purchases.
FISCAL INFORMATION: Fund: Wastewater Treatment Facility
Acct/Project No.: 40508050-504620
RECOMMENDED ACTION: Waive the formal solicitation process and approve Barney's Pumps as the sole source
provider to repair and provide parts for Aurora and Layne vertical turbine pumps in excess of $70,000.00 for fiscal
year 2016.
Initiated by: Finance/Procurement
Cc: E Torres/J Wickert/J Jackson/S Causseaux/A Lobban/J Guiffreda, PW's
Official Use Only
City Manager:----,.----------
SUBJECT:
Request for Approval
Waive Formal Solicitation and Approve Sole Source
Inspection
Water Storage Tank Cathodic Protection Upgrade and
SUMMARY EXPl,ANATION & BACKGROUND:
The Procurement Division received a requestfrom the Public Works Department seeking authorization towaive the
formal solicitation process and >approve Corrpro Companies, Inc. asthe sole source provider to provide annual
inspection services. and upgrade the two elevated towers existing cathodic protection· systems for an estimated
amount of $30,000.00. Public Works obtained a quote for $27,750.00to complete the upgrades and the balance is
for the annual inspection services and other minor repairsand services.
Cathodic Protection is the process that helps maintain the added energy in refined metalsand prevents the onset
of corrosion. Corrpro Waterworks, a division ofCorrpro Companies, is a recognized.leader in the field ofcathod.ic
protection corrosion control for water storage tanks, water and wastewater treatment units and other related
structures .. Corrpro . Waterworks provided the design, materials, installation,. and maintenance service.s for the
cathodic protection systems on our water storage tanks. Because Corrpro Waterworks manufacturesmany of the
major components .assodatedwith these cathodic protection systems, they are also.a sole source provider for any
replacement componentsthat may be required.
The cost to upgrade the cathodic protection and provide inspection will exceed the formal solicitation threshold
($25,000 and· over}. Therefore,. procurement procedures. require Commission approval to waive the formal
solicitation process (Procurement Procedure No.003 & 004 and Resolution No. 988) and approve single and sole
source purchases.
Fund: Repair & Maintenance
Fund: Water Sewer Operating
Acct/Project No.: 40208100-563700 (upgrade}
Acct/Project No.:40108180-503499 (inspections}
RECOMMENDED ACTION: Waive the formal solicitation process and approve Corrpro Companies, Inc. as the sole
source provider to upgrade and inspect the water storage tanks cathodic protection system in an estimated amount
of $30,000.00 forfiscal year 2016.
Initiated by: Finance/Procurement
Cc: ETorres/J Wickert/J Jackson/S Causseaux/TSillitoe, PW's
From:
M~Bkl~~
Official Use Only
Commission A c t i o n : - - - - - - - - - City Manager:------------
SUBJECT: Request for Approval
Waive Formal Solicitation and Approve Single and Sole Source-Conductive Electrical Weapon and Accessories
SUMMARY EXPLANATION & BACKGROUND: The Procurement Division received a request from the Police
Department seeking authorization to waive the formal bid process and approve Taser International as a single irnd sole
source provider ofT<1ser® stun guns, a Conductive Elei::trical Weapon (CEW's), <1nd associated accessories.
In fiscal year 2003, the Police Department made their first single and sole source purchase of CEW's manufactured by
Taser International. . Since then, each year we have waived the solicitation process· <rnd approved thesingle and sole
source purchases.
Forfiscal year2016, the Police Department budgetincludes funds to purchaseCEW's and accessories with the intent of
outfitting remaining officers withthe current supported CEW's who currently do. not have one.assigned and to replace
the department's inventory of outdated, obsolete, and outof warranty units. The initial purchase request is $35,386.06
with other incidental purchases during the fiscal year ofabout $4,300.
After .considerable· research· into. companies with similar products, the POiice ·Department ·has conduded Tciser
lnternational's CEW's is. the product which best meets the· Department's standards for. safety, reliability, and
effectiveness. Taser International does not h<1ve any authorized law-enforcement dealers in Florida so our purchaseswill
bemade directly from the dealer;
The sole/single source purchases this fiscal year will exceed the formal solicitation threshold of$25,000 and over.
Therefore, procurement procedures require City Commission approval to waive the formal solicitation process
(Procurement Procedure No.003 & 004 and Resolution No. 988) and approve single <1nd sole source purchases.
RECOMMENDED ACTION: Waive the formal solicitation process, approve Taser International as a single source
product, and authorize the sole source purchase .of conductive electrical weapons and accessories from
International for fiscal year 2016 in an amount exceeding $25,000.
cc: Pending Req/PO; M. McCoy/D Becton/RBrady, PD
From:
Official Use Only
Franklin W. Martz, II, City Manager
Commission A c t i o n : ' - - - - - - - - - City Manager:-------------'-Date: _ _ _ _ _ _ _ _ _ _ _ __
SUBJECT: City Manager Rev.iew
The City Commission must determine what merit, if any, it wishesto award me. As in the past, I
request that any merit you might award not exceed the average merit awarded City employees this
year. In fact, the average City merit is 3.48% and I request my merit not exceed the average merit
awarded our employees.
FISCAL INFORMATION:
Sufficient funds are avaJlable in the 2015/16. budget.
RECOMMENDED ACTION: N/A
Official Use Only
Commission Action: _ _ _ _ _ _ _ _ __
City M a n a g e r : - - - - - - - - - - - Date: _ _ _ _ _ _ _ _ _ _ _ _ _ __
SUBJECT: Temporary Access and Limited Construction Easement Agreement required for issuance of
the Waterfront Improvement Permit BP15-1115 for 447 Meander Drive North.
The property owners at 447 Meander Drive North, Sharon Friel and Paul Barbara, are experiencing
erosion problems from the overland flow of stormwater from their property towards the Little Wekiva
River during storm events. The erosion has affected an adjoining city owned parcel between the
subject property and the river. Ms. Friel and Mr. Barbara have submitted a Waterfront Improvement
Activity Permit that includes temporary access and limited construction over, under, upon, across and
through the adjoining city owned parcel. The proposed work includes placement of #57 stone or
approved drainage material to replace eroded soils, not to exceed more than thirty (30) feet in width
total (easterly and westerly)_and no more than ten (10) feet (northerly) into the city property.
In order to allow the proposed work on City property and as a condition of approval of Waterfront
Improvement Activity Permit BP15-1115, Ms. Friel and Mr. Barbara have to enter into the Temporary
Access and Limited Construction Easement Agreement with the city.
FISCAL INFORMATION: No fiscal impact.
RECOMMENDED ACTION: Approve the Temporary Access and Limited Construction Easement
Agreement and authorize Mayor to execute same.
Initiated by: Danielle Marshall, Division Director, Streets and Stormwater
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
James A. Fowler, Esq.
Fowler, O'Quinn, Feeney & Sneed, P.A.
28 W. Central Blvd.
Orlando, FL 32801
-------------------------------------------[SPACE ABOVE THIS LINE FOR RECORDING DATA]--------------------------------------------
TEMPORARY ACCESS AND LIMITED CONSTRUCTION
EASEMENT AGREEMENT
THIS TEMPORARY ACCESS AND
LIMITED CONSTRUCTION
EASEMENT AGREEMENT (this "Easement Agreement") is entered into as of the _ _
day of 2015 (the "Effective Date"), by and between the CITY OF ALTAMONTE
SPRINGS, FLORIDA,
a Florida municipal corporation whose address is 225
Newburyport Avenue, Altamonte Springs, Florida 32701 (hereinafter referred to as
"Grantor" or "City"), and SHARON FRIEL AND PAUL BARBARA, wife and husband
whose address is 447 N. Meander Drive, Altamonte Springs, Florida 32714 (hereinafter
referred to as "Grantee"). Grantor and Grantee may sometimes be referred to in this
Easement Agreement individually as a "Party" or collectively as "Parties."
RECITALS:
WHEREAS, Grantor is the owner of that certain real property located in Seminole
County, Florida, as more particularly described in Exhibit "A" attached hereto and by this
reference incorporated herein (the "Off-Site Property");
WHEREAS, Grantee is the owner of that certain real property located in Seminole
County, Florida which is contiguous to the Off-Site Property, as more particularly
described on Exhibit "B" attached hereto and by this reference incorporated herein (the
"Grantee Property");
WHEREAS, the Grantee Property is experiencing erosion problems from the
overland flow of stormwater during storm events which have impacted existing Grantee
Property improvements;
WHEREAS, the Grantor has determined that the overland flow is a localized private
drainage problem on the Grantee Property to be resolved by the Grantee, at Grantee's sole
cost and expense;
WHEREAS, the Grantee has presented a solution to the erosion problem that will
require temporary access and limited construction over, under, upon across and through a
portion of the Off-Site Property;
WHEREAS, the Grantor has advised the Grantee that the Grantee's proposed
solution to the erosion problem (the "Work") may not ameliorate or resolve the overland
flow of stormwater during storm events but has agreed to issue the required Waterfront
Improvement Permit at the request of the Grantee;
WHEREAS, the Grantee has requested a temporary non-exclusive easement for
access and limited construction purposes over, under, and upon the portion of the Off-Site
Property described in Exltibit "C", allached herelo and incorporated herein (the
"Easement Property");
WHEREAS, Grantor is willing to grant a temporary non-exclusive easement for
access and limited construction purposes over, under, upon across and through the
Easement Property subject to the specific terms and conditions; and
WHEREAS, Grantor and Grantee desire to enter into this Easement Agreement in order
to provide the Gran tee with the necessary temporary non-exclusive easement for access
and limited construction purposes over, under, upon, across and through the
Easement Property to faci 1it ate the Work and to provide for the terms and conditions under
which such temporary access and limited construction shall take place; and
NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and
conditions set forth herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:
AGREEMENT
Section 1.
Recitals. The above recitals are true and coITect, fmm a material part of
this Easement Agreement, and are incorporated herein by reference.
Section 2.
Grant of Temporary Access and Construction Easement. Grantor
hereby creates, declares, grants, reserves, and delivers to Grantee for the benefit of the Grantee
Property and Grantee, its contractors, employees, and agents, a temporary, non-exclusive access
and construction easement (the "Access and Construction Easement") over, under, upon, across
and through the Easement Property for the purpose of filling voids with City approved materials
and hannonizing the Off-Site Property (collectively, the "Fill and Harmonizing
Improvements"), at Grantee's sole cost and expense.
Section 3.
Construction of Fill and Harmonizing Improvements. Grantee shall, at
its sole cost and expense, be responsible for the construction and completion of the Work,
including Fill and Harmonizing Improvements, and shall obtain all necessary permits and
approvals from the appropriate governmental authorities in order to construct and complete the
Work, including Fill and Hannonizing Improvements.
Section 4.
Duration of Access and Construction Easement. The Access and
Construction Easement created and established by this Easement Agreement shall be temporary in
duration, becoming effective on the Effective Date and shall automatically terminate without the
necessity of Grantor obtaining a release from Grantee, upon the Grantee's completion of the Work,
including Fill and Harmonizing Improvements, under the Waterfront Improvement Permit, or one
(1) year from the Effective Date, whichever is earlier. Notwithstanding the foregoing, upon
tem1ination of the Access and Construction Easement, and upon request of Grantor, Grantee shall
join with Grantor in the execution of a tennination of the Access and Construction Easement to be
recorded in the Public Records of Seminole County, Florida.
Section 5.
Limitations and Restoration. This Access and Construction Easement is
granted on the condition that the Work, including Fill and Hannonizing Improvements, shall not
extend beyond the limits outlined in this Easement Agreement, and that all Fill and Harmonizing
Improvements shall confonn to all existing and proposed structural improvements within the limits
designated in the approved permit application, including supporting pennit documents, and City
Waterfront Improvement Permit. Grantee shall restore the Easement Property to its original or
better condition immediately following the installation of Fill and Harmonizing improvements.
Section 6.
No Barriers. In furtherance of the Access and Construction Easement
declared and established herein, other than the Fill and Harmonizing Improvements, there shall
not be constructed or placed within the Off-Site Property or Easement Property any barriers, walls,
fences, gates, improvements, structures, equipment, motor vehicles, personal property, or other
items that would preclude, prohibit, or hinder in any fashion the use of such Off-Site Property by
the Grantor.
Section 7.
Indemnification. The Grantee shall defend, indemnify and hold harmless
the Grantor from and against any damages, liability, actions (including pre-suit, pre-trial, trial and
appeals), claims and expenses (including reasonable attorney's fees, paralegals fees and court
costs) in connection with the loss of life, personal injury and/or damage to property arising from
or out of the Work, including Fill and Harmonizing Improvements, by the Grantee, its contractors,
employees, and agents hereunder.
Section 8.
Lien Free Construction. The Grantee shall at all times keep the Off-Site
Property, including, without limitation, the Easement Property, free from mechanics' or similar
liens arising on account of or resulting from the Grantee's exercise of its rights under this Easement
Agreement. In the event any mechanics' or similar lien is recorded against the Off-Site Property,
or any portion thereof, on account of any act by or on behalf of the Grantee, its agents or permittees,
the Grantee shall immediately cause such mechanics' lien to be removed from the Off-Site
Property.
Section 9.
Amendment. This Easement Agreement, together with the Access and
Construction Easement, covenants, rights and obligations hereby granted, created and conveyed,
may not be changed, amended, or modified other than as expressly provided herein, except by an
instrument in writing executed by each Party to this Easement Agreement, or City approved
successors and assigns. The temporary access and construction easement rights granted herein
shall automatically tem1inate in accordance with the tenns of this Easement Agreement.
Section 10. No Partnership or Joint Venture. None of the terms or provisions of this
Easement Agreement shall be deemed to create a partnership between the Parties in their respective
businesses or otherwise, nor shall such terms cause them to be considered joint venturers or
members of any joint enterprise.
Section 11. Permitted Work. The City's review of the Grantee's permit application,
including supporting permit application documents, and issuance of a City Waterfront
Improvement Permit is to direct the Grantee to the applicable City code sections pertaining to the
Work. The City does not guarantee or assume any responsibility for the permit application,
including supporting permit application documents, provided by the Grantee during the plans
review process or the Work. The responsibility for the Work complying with sound engineering
principles and practices for resolving the overland flow drainage problem, rests solely upon the
Grantee as the permit applicant and owner of the Grantee Property. Without Jimitations thereto,
the Grantee as the Waterfront Improvement Pennit applicant for the Work, and owner of the
Grantee Property, is responsible for determining the source of the problem, and accurately
presenting a solution that incorporates and adheres to the following:
A.
B.
C.
D.
E.
F.
Legal descriptions of the Grantee Property, the Off-Site Property, and Easement
Property;
Location of Grantee Property lines and required setbacks;
Existing watercourse or natural drainage will not be converted or relocated as a
result of proposed improvements to negatively impact the Off-Site Property or other
surrounding or adjacent properties;
Fill and Harmonizing Improvements shall be constructed with materials resistant to
flood damage or flotation;
Work shall be designed (or modified) and adequately anchored to prevent flotation,
collapse or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads; and
Minimize the danger that materials used for construction shall not be swept onto
the Off-Site Property or other lands to the injury of others.
Grantee acknowledges that City is hereby relieved from and shall have no liability for any
damage accruing to persons or property as a result of any act or by reason of an act or omission in
the discharge of its official duties unless otherwise provided by law.
Section 12. Reservation of Rights. It is expressly agreed and understood that the
easement hereunder granted, together with all rights and privileges granted hereby, shall be
nonexclusive and the Parties hereto reserve for themselves and their successors in title the right to
grant such other easements as they deem desirable over, under, upon and across their respective
properties, provided that such other easements shall not unreasonably interfere with the rights
under the easement granted hereby.
Section 13. Easement in Gross. Until terminated as provided herein, this Easement
Agreement shall be binding upon and inure to the benefit of the Parties specified herein.
Section 14. Attorneys' Fees. In the event it shall be necessary for any Party to this
Easement Agreement to bring suit to enforce any provisions hereof, the prevailing Party shall be
entitled to recover from the non-prevailing Party, in addition to any damages or other relief granted
as a result of such suit, all costs and expenses of such suit and reasonable attorneys' fees as set by
the court.
Section 15. Private Use. The provisions hereof are not intended and do not constitute
a dedication of any portion of the Easement Area or Off-Site Property for public use other than its
use by the City prior to the grant of this easement. The easement provided herein is for temporary
access and construction of the specified Fill and Harmonizing Improvements only. Upon
completion of such Work, except for Fill and Harmonizing Improvements within the Easement
Area, the constructed improvements shall not be dedicated to nor maintained by the public, but
shall be maintained by Grantee.
Section 16. No Implied Easements. Nothing contained in this Easement Agreement
shall be deemed lo create any implied easements not otherwise expressly provided for herein.
Section 17. Counterparts. This Easement Agreement may be executed in multiple
counterparts, all of which together shall constitute one and the same instrument. There may be
duplicate originals of this Easement Agreement, only one of which need be produced as evidence
of the terms hereof.
[Signatures Continue on Following Page]
IN WITNESS WHEREOF, the Parties have executed this Easement Agreement as of
the day and year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
Cl-f/"rS
L.Jc.. ;nF;{!:
"GRANTEE"
SHARON FRIEL AND PAUL
BARBARA, wife and husband
By:_~'---------
PrintName
L.
:So
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1
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Print Nam
STATE OF FLORIDA
COUNTY OF__c:::
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The foregoing Easement Agreement was acknowledged before me this /'-=>~ay of
\~OGe\J\l\J-e.JC , 2015, by SHARON FRIEL AND PAUL BARBARA, wife and husband,
and they acknowledged before me that they had the authority to and did execute same.
~~~·~
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AFFIX NOTARY STAMP
~~~;.v.'.'~8<0
GINGER WRIGHT
* ..~ * MY COMMISSION# FF 188994
~,.. EXPIRES: January 12, 2019
'\,,°" F~rl>"' Bonded Thru Budget Notaiy Sel'licet
D Personally known, or
~duced Identification
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SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
"GRANTOR" I "CITY"
CITY OF ALTAMONTE SPRINGS, a
Florida municipal corporation
Signature of Witness #1
PAT BATES, Mayor
Print Name
Signature of Witness #2
ERIN O' DONNELL
City Clerk
Print Name
[CORPORATE SEAL]
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing Easement Agreement was acknowledged before me this
day of
_ _ _ _ _ _ _ , 2015, by PAT BATES and ERIN O'DONNELL, Mayor and City Clerk
respectively, of the CITY OF ALTAMONTE SPRINGS, FLORIDA, who are personally known
to me and they acknowledged executing the same freely and voluntarily under authority vested in
them and that the seal affixed thereto is the true and corporate seal of the City of Altamonte
Springs, Florida.
Signature of Notary Public
AFFIX NOTARY STAMP
List of Exhibits:
Exhibit "A" - Off-Site Property
Exhibit "B" - Grantee Property
Exhibit "C" - Easement Prope11y
(Print Notary Name)
EXHIBIT "A"
OFF-SITE PROPERTY
Seminole County Parcel No: 10-21-29-508-0000-1450
D
(';\
V;J
520
EXHIBIT "B"
GRANTEE PROPERTY
Seminole County Parcel No: 10-21-29-508-0000-0220
QI\lEQ k1iN SEC 2
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EXHIBIT "C"
EASEMENT PROPERTY
A Portion of Seminole County Parcel No: 10-21-29-508-0000-1450 described as
follows:
Grantee's work within the limits of- the Off-Site Property shall be
performed along, and generally adjacent to, the rear of the Grantee
Property. The Grantee's placement of fill (#57 stone or other
approved material) shall not exceed more than thirty (30) feet in
width total (easterly and westerly) and no more than ten (10) feet
in depth (northerly) into the Off-Site Property.

Nov 17, 2015 - Altamonte Springs

Transcription

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