HomeMy WebLinkAboutItem #09 Classic Smilesthe center of Good zip
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AGENDA ITEM STAFF REPORT
Meeting Date: November 16, 2010
Item #
Reviewed By.
Contact Name: Bobby Howell, MPA City Planner:
Contact Number: 407 - 905 -3100, Ext. 1044 City Manager:
Subject: Classic Smiles Dental Office
Waiver Requests to Small -Scale Site Plan
Commission District 3 — Rusty Johnson
ISSUE:
Should the Honorable Mayor and City Commissioners approve four waiver requests for the Small -Scale Site Plan
for Classic Smiles Dental Office?
DISCUSSION
The subject property is located on south Maguire Road, approximately 350 -feet north of the intersection of
Maguire Road and Roberson Road. The subject property is approximately 0.69 acres in size and is vacant. The
table below references the future land uses, zoning classifications and existing land uses of the surrounding
parcels:
Direction
Future Land Use
Zoning Classification
Existing Land Use
North
Professional Offices and
P -S (Professional
Single- family residence
Services
Offices and Services
East
Commercial
PUD (Planned Unit
Plantation Grove Shopping Center
Develo ment
South
Professional Offices and
P -S (Professional
City of Ocoee re -use plan
Services
Offices and Services
West
Professional Offices and
Orange County A -1
Single- family residence
Services
The applicant has submitted a Small -Scale Site Plan in order to permit a dentist office with an associated
commercial office space that will be available for lease. Since this site plan is Small - Scale, it is being reviewed by
staff administratively and is not required to be presented to the City Commission for final approval. The applicant
has requested four waivers from the provisions of the Land Development Code to assist in project design. These
waivers can only be approved by the City Commission.
The City Commission has sole discretion to approve waivers from Code requirements based upon four criteria:
1. If the project is part of an integrated and master planned development;
2. If the project is compatible with surrounding developments;
3. If the project imposes no impacts on City infrastructure greater than that generated by other uses
normally permitted in the underlying zoning districts; and /or,
4. If the project provides an offsetting public benefit which is technically sound and measurable.
The first waiver request is to Section 6.14(1)(a)(1) of the Land Development Code. This section of the Land
Development Code requires a maximum building setback of 100 -feet from a public right -of -way. The applicant is
requesting a waiver to this requirement to allow a setback of 130 -feet from Maguire Road to accommodate a
cross - access drive aisle to the adjacent City re -use plant. This cross - access drive was requested by the City
during the review of the site plan to allow access to the reuse plant that is located to the south of the property.
The second waiver request is to Section 6.14(2)(d)(1) of the Land Development Code. This section of the Land
Development Code requires 1 tree per 4 parking spaces. The applicant is requesting this waiver to allow a 50-
percent reduction to this ratio. An evaluation of the site plan and a visit to the site reveals it to too be compact and
unable to accommodate the requisite amount of trees per the Land Development Code.
The third waiver request is to Section 6.14(2)(a)(2) of the Land Development Code. This section of the Land
Development Code requires 1 tree to be provided per 30 -feet of building perimeter. The applicant is requesting this
waiver to allow 1 tree per 55 -feet of building perimeter. The required 1 tree per 30 -feet of building perimeter could
not be provided around the entire building or elsewhere on site due to the compact size of the site.
The fourth waiver request is to Section 6.14(1)(e)(3) of the Land Development Code. This section of the Land
Development Code requires cross - access to adjacent parcels. The applicant is requesting a waiver in order to
remove the requirement for cross - access to the adjacent lot to the north. This lot is currently residential and a
cross - access drive is not necessary at this time to connect a professional office to a single - family residence. If the
lot ever develops into a commercial use, at that time cross - access would be required to be provided by the two
property owners.
Staff has determined the project will be compatible with surrounding developments in the area if the waivers are
granted.
Additionally, a Development and Easement Agreement is attached that addresses issues regarding development
of the property and easements that will be conveyed to the City by the property owner for the purpose of access to
the City's adjacent re -use plant, and easements that will be granted to the property owner by the City for the
purpose of allowing a row of parking and a sidewalk to overlap on the City's property has been attached for your
consideration.
STAFF RECOMMENDATION
Staff recommends that the Honorable Mayor and City Commissioners approve all four waiver requests and the
Development and Easement Agreement.
ATTACHMENTS
Development and Easement Agreement
Overall Site Plan, Classic Smiles Small -Scale Site Plan
FINANCIAL IMPACT:
None
2
TYPE OF ITEM: (please mark with an z')
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk's Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by )
_ N/A
X N/A
N/A
3
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
PREPARED BY:
Dorothy E. Watson, Esq.
FOLEY & LARDNER LLP
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802 -2193
(407) 423 -7656
RETURN TO:
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 656 -2322
DEVELOPMENT AND EASEMENT AGREEMENT
(Classic Smiles)
THIS DEVELOPMENT AND EASEMENT AGREEMENT (this "Agreement ") is
made and entered into as of the day of , 2010 by and between CLASSIC
SMILES LLC, a Florida limited liability company, whose mailing address is 1764 E. Silver Star
Road, Ocoee, Florida 34761 (hereinafter referred to as the "Owner ") and the CITY OF OCOEE,
a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee,
Florida 34761, Attention: City Manager (hereinafter referred to as the "City ").
WITNESSETH:
WHEREAS, the Owner owns fee simple title to certain lands located in Orange County,
Florida, within the corporate limits of the City of Ocoee, Florida, said lands being more
particularly described in Exhibit "A" attached hereto and by this reference made a part hereof
(hereinafter referred to as the "Owner Property "); and
WHEREAS, the City owns fee simple title to certain lands located in Orange County,
Florida, within the corporate limits of the City of Ocoee, Florida, and adjacent to the Owner
Property, said lands being more particularly described in Exhibit "B" attached hereto and by this
reference made a part hereof (hereinafter referred to as the "City Property"); and
WHEREAS, pursuant to the application of Susanne Baaqee, DDS as authorized
representative of the Owner, the City has approved pursuant to Section 4 -3 of the Land
Development Code of the City of Ocoee, subject to the execution of this Agreement, the Small -
Scale Site Plan for Classic Smiles, as prepared by Donnelly Architecture and being date stamped
as received by the City on , 2010 (the "Site Plan"); and
ORLA_1609869.4
WHEREAS, the Owner intends to construct certain improvements on the Owner
Property in accordance with the Site Plan and as depicted in Exhibit "C" attached hereto and by
this reference made a part hereof (the "Improvements "); and
WHEREAS, the Owner requires certain easements in order to develop the Owner
Property; and
WHEREAS, the City requires certain easements in order to facilitate the technical
feasibility of the Site Plan; and
WHEREAS, the Owner and the City desire to execute this Agreement in order to
evidence their mutual agreement as to certain matters related to the development of the Owner
Property and as a condition to the approval of the Site Plan by the City.
NOW, THEREFORE, in consideration of the premises and other good and valuable
considerations exchanged between the parties hereto, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
Section 1. Recitals, Definitions. The above recitals are true and correct and
incorporated herein by this reference. All capitalized terms not otherwise defined herein shall be
as defined or described on the Site Plan, unless otherwise indicated.
Section 2. Development of the Property
(A) The Owner hereby agrees to develop the Property in accordance with the
Site Plan. The Site Plan is hereby incorporated herein by reference as if fully set forth herein.
(B) Except as otherwise expressly set forth in this Agreement and the Site Plan
it is agreed that (1) the Owner shall comply with the zoning and subdivision regulations of the
City as set forth in the Ocoee Land Development Code, as it may from time to time be amended,
and (2) all preliminary subdivision plans, final subdivision plans, and final site plans for the
Property or any portion thereof shall conform to the Ocoee Land Development Code
requirements in effect at the time of approval of any such plans. In the event of any conflict
between the provisions of the Ocoee Land Development Code, as it may from time to time be
amended, and this Agreement, it is agreed that the provisions of this Agreement shall control.
(C) All capitalized terms not otherwise defined herein shall be as defined or
described on the Site Plan, unless otherwise indicated.
Section 3. Waivers from the Ocoee Land Development Code. Pursuant to City of
Ocoee Ordinance No. , Owner has been granted waivers from the requirements
of the Ocoee Land Development Code, said waivers being set forth in Exhibit "D" attached
hereto and by this reference made a part hereof.
Section 4. Access Easement. Owner hereby grants to the City a perpetual
nonexclusive right and easement for pedestrian and vehicular ingress to, egress from and access
across that portion of the Owner Property depicted in Exhibit "E" attached hereto and by this
ORLA_1609869.4 -2-
reference made a part hereof (the "Access Easement Area ") for the benefit of the City Property
for the purposes of providing access, ingress and egress between Maguire Road and the City
Property (the "Access Easement "). The right to use the Access Easement shall extend to the
City, its employees, customers, invitees, agents, contractors, vendors and others having business
relations with them. The Owner shall be responsible for maintaining the Access Easement Area
at the Owner's sole cost and expense.
Section 5. Parkins Easement.
(A) City hereby grants to Owner a nonexclusive right and easement for parking
across that portion of the City Property more particularly described in Exhibit "F" attached
hereto and by this reference made a part hereof (the "Parking Easement Area ") for the benefit of
the Owner Property for purposes of parking, driving, walking or going upon or across the Parking
Easement Area (the "Parking Easement "). The right to use the Parking Easement shall extend to
the Owner, its employees, customers, invitees, agents, contractors, vendors and others having
business relations with them. The Owner shall be responsible for maintaining the Parking
Easement Area at the Owner's sole cost and expense.
(B) If Owner fails to construct the Improvements and obtain a certificate of
occupancy for the Improvements within three (3) years of the date of this Agreement, then the
City may unilaterally terminate this Parking Easement by recording a Notice of Termination in
the public records of Orange County, Florida.
(C) If Owner Property is ever developed or redeveloped in a manner. other than
as set forth on the Site Plan, then the City may, upon ten (10) days written notice to Owner,
terminate this Parking Easement by recording a Notice of Termination in the public records of
Orange County, Florida.
Section 6. Sidewalk Easement.
(A) City hereby grants to Owner a nonexclusive easement for the location of a
sidewalk upon the that portion of the City Property as depicted in Exhibit "G " , attached hereto
and by this reference made a part hereof (the "Sidewalk Easement Area "), for the benefit of the
Owner Property for purposes of walking or going upon or across the Sidewalk Easement Area
(the "Sidewalk Easement "). The right to use the Sidewalk Easement shall extend to the Owner,
its employees, customers, invitees, agents, contractors, vendors and others having business
relations with them. The Owner shall be responsible for maintaining the Sidewalk Easement
Area at the Owner's sole cost and expense.
(B) If Owner fails to construct the Improvements and obtain a certificate of
occupancy for the Improvements within three (3) years of the date of this Agreement, then the
City may unilaterally terminate this Sidewalk Easement by recording a Notice of Termination in
the public records of Orange County, Florida.
(C) If Owner Property is ever developed or redeveloped in a manner other than
as set forth on the Site Plan, then the City may, upon ten (10) days written notice to Owner,
ORLA_1609869A -3-
terminate this Sidewalk Easement by recording a Notice of Termination in the public records of
Orange County, Florida.
Section 7. Sanitary Sewer Easement. Owner hereby grants to City a perpetual,
exclusive easement and right -of -way for utility purposes, with full authority to enter upon,
excavate, construct and maintain, as the City and its assigns may deem necessary, sewer pipes
and facilities over, under, upon and through that portion of the Owner within fifteen (15) feet of
the east boundary line of the Owner Property (the "Sewer Easement Area"). The City and its
assigns shall have the right to clear, keep clear and remove from said Sewer Easement Area all
trees, undergrowth, and other obstructions that may interfere with location, excavation, operation
or maintenance of the utilities or any facilities installed thereon by the City and its assigns, and
the Owner, its successors and assigns, agree not to build, construct or create, or permit others to
build, construct or create any buildings or other improvements on the Sewer Easement Area that
may interfere with the location, excavation, operation or maintenance of the utilities, or any
facilities installed thereon. Notwithstanding the issuance of any permit to construct a fence or
other improvement, the Owner recognizes and consents to the right of the City or an authorized
utility company if applicable, to remove any such fence or other improvement from the Sewer
Easement Area without compensation or reimbursement to the Owner if such fence or other
improvement is deemed by the City to impede the purpose or utility of the easement.
Section 8. City Temporary Construction Easement. Owner hereby grants to City a
blanket nonexclusive, temporary easement over, upon and across the Owner Property for the
purposes of the City, through itself, its agents, contractors, consultants and employees performing
such activities on the Owner Property (including, without limitation, the staging of equipment) as
the City may deem reasonably necessary in connection with the design, engineering and
construction of a ground storage tank on the City Property (the "City TCE "). The City TCE shall
terminate thirty (30) days after the completion of the construction of the ground storage tank.
Upon termination of this City TCE, City shall record a Notice of Termination in the Public
Records of Orange County, Florida at the City's sole cost and expense.
Section 9. Owner Temporary Construction Easement.
(A) City hereby grants to Owner a nonexclusive, temporary easement over,
upon and across that portion of the City Property within forty (40) feet of the north boundary line
of the City Property for the purposes of Owner, through itself, its agents, contractors, consultants
and employees performing such activities on the City Property as Owner may deem reasonably
necessary in connection with the design, engineering and construction of the lift station and the
improvements over the Parking Easement Area and the Sidewalk Easement Area as described in
the Site Plan (the "Owner TCE "). The Owner TCE shall terminate upon that date two years from
the date of issuance by the City of a Certificate of Completion for the Improvements. Upon
termination of this Owner TCE, Owner shall record a Notice of Termination in the Public
Records of Orange County, Florida at the Owner's sole cost and expense.
(B) If Owner fails to construct the Improvements and obtain a certificate of
occupancy for the Improvements within three (3) years of the date of this Agreement, then the
ORLA_1609869.4 -4-
City may unilaterally terminate this Owner TCE by recording a Notice of Termination in the
public records of Orange County, Florida.
Section 10. Liens.
(A) If any mechanic's or other lien, or order for the payment of money, shall
be filed against the City or the City Property by reason of or related to the Parking Easement, the
Owner TCE, or any other easements or rights granted by this Agreement, then Owner shall cause
the same to be canceled and discharged of record, by bond or otherwise, at the election and
expense of Owner, and shall also defend on behalf of City, at Owner's sole cost and expense, any
action, suit or proceeding which may be brought thereon for the enforcement of such lien, liens
or orders, and Owner will pay any damage and satisfactorily discharge any judgment entered
therein, and save harmless City from any claim, attorney fees or damage therefrom.
(B) If any mechanic's or other lien or order for payment of money shall be
filed against the Parking Easement Area, the Owner TCE Area or any improvements thereon, and
shall not be removed by Owner within thirty (30) days after notice given by City, then City shall
have the right, but not the obligation to remove same by payment or otherwise, and all sums
expended by City for such removal, including attorneys' fees, paralegal fees and costs, shall be
paid by Owner to City upon demand and shall bear interest at the rate of 18% per annum
commencing thirty (30) days from the date of such demand.
(C) The provisions of this section shall survive the termination of this
Agreement.
Section 11. Indemnity. Owner will indemnify, defend and hold harmless the City and
its officials, agents, employees and assigns against all claims, actions, suits, proceedings, causes
of action, losses, damages, injuries, liabilities, costs, charges or expenses, including without
limitation reasonable attorneys' and paralegals' fees and costs (whether incurred before, during
or after trial, or any appellate level), arising from or in any way related to the easements granted
herein or the exercise by Owner of its rights under this Agreement. The provisions of this
section shall survive the termination of this Agreement.
Section 12. Liability Insurance.
(A) Owner shall, at its sole cost and expense, obtain and maintain throughout
the duration of this Agreement comprehensive general liability insurance (including, but not
limited to broad form property damage and personal injury, as applicable, and such other
coverage as may from time to time be generally issued by insurance companies for businesses
similar to that engaged in by Owner which the City may reasonably require) protecting Owner,
the City and the City's elected representatives, members of the City Commission, officers, agents
and employees from and against any and all liabilities arising from or in any way relating to the
easements granted herein or the exercise by Owner of its rights under this Agreement.
(B) Prior to receipt of a certificate of occupancy for the Improvements, and
upon written request by the City thereafter, Owner shall provide to City a certificate of insurance
ORLA_1609869A -5-
evidencing all coverage required under this section. Such certificate(s) shall name the City and
its elected officials, officers, employees and agents as additional insureds and shall provide that
the policy or policies may not be canceled or modified nor the limits thereunder decreased
without thirty days' prior written notice thereof to the City. Prior to the termination or expiration
of any insurance for which a certificate of insurance was previously provided, Owner shall
provide to the City a replacement certificate of insurance evidencing all coverage required under
this section.
Section 13. Disclaimer of Partnership. None of the terms or provisions of this
Agreement shall be deemed to create a partnership between the parties in their respective
businesses or otherwise, nor shall it cause them to be considered joint venturers or members of
any joint enterprise.
Section 14. Notice Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) (i) when hand delivered
to the other party, (ii) upon receipt when deposited in the United States Mail, postage prepaid,
certified mail, return receipt requested, or (iii) the next business day after being sent by nationally
recognized overnight delivery service for next business day delivery, all addressed to the party at
the address appearing on the first page of this Agreement, or such other person or address as the
party shall have specified by written notice to the other party delivered in accordance herewith.
Section 15. Covenant Running with the Land This Agreement shall run with the
Owner Property and the City Property and inure to and be for the benefit of the parties hereto and
their respective successors and assigns and any person, firm, corporation, or entity who may
become the successor in interest to the Owner Property or any portion thereof.
Section 16. Recordation of Agreement The parties hereto agree that an executed
original of this Agreement shall be recorded by the City, at the Owner's expense, in the Public
Records of Orange County, Florida.
Section 17. Applicable Law This Agreement and the provisions contained herein
shall be construed, controlled, and interpreted according to the laws of the State of Florida.
Section 18. Time of the Essence Time is hereby declared of the essence to the lawful
performance of the duties and obligations contained in this Agreement.
Section 19. Agreement; Amendment This Agreement constitutes the entire
agreement between the parties, and supersedes all previous discussions, understandings and
agreements, with respect to the subject matter hereof. Amendments to and waivers of the
provisions of this Agreement shall be made by the parties only in writing by formal amendment.
Section 20. Further Documentation The parties agree that at any time following a
request by the other party, each shall execute and deliver to the other party such further
documents and instruments, in form and substance reasonably necessary to confirm and/or
effectuate the obligations of either party hereunder.
ORLA_1609869.4 -6-
Section 21. Specific Performance Both the City and the Owner shall have the right
to enforce the terms and conditions of this Agreement by an action for specific performance.
Section 22. Attorneys' Fees In the event that either party finds it necessary to
commence an action against the other party to enforce any provision of this Agreement or
because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to
recover from the other party its reasonable attorneys' fees, paralegal fees and costs incurred in
connection therewith, at both trial and appellate levels, including bankruptcy proceedings,
without regard to whether any legal proceedings are commenced or whether or not such action is
prosecuted to judgment.
Section 23. Counterparts This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original but all of which together shall
constitute one and the same instrument.
Section 24. Captions Captions of the Sections and Subsections of this Agreement are
for convenience and reference only, and the words contained therein shall in no way be held to
explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions
of this Agreement.
Section 25. Severability If any word, sentence, phrase, paragraph, provision, or
portion of this Agreement is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereof so long as
the purpose and intent of this Agreement can still be achieved.
Section 26. Effective Date This Agreement shall first be executed by the Owner and
submitted to the City for approval by the Ocoee City Commission. Upon approval by the Ocoee
City Commission, this Agreement shall be executed by the City. The Effective Date of this
Agreement shall be the date of approval by the Ocoee City Commission.
IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be
executed by their duly authorized elected officials, partners, and /or officers as of the day and year
first above written.
Signed, sealed and delivered OWNER:
in the presence of.
CLASSIC SMILES LLC, a Florida limited
liability company
By:
Print Name Susanne I. Baaqee, its Managing
Member
Print
ORLA_1609869.4 -7-
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared Susanne I. Baaquee as
the Managing Member of Classic Smiles LLC, a Florida limited liability company, who [_] is
personally known to me or [I produced as
identification, and that he /she acknowledged executing the same on behalf of said Classic Smiles
LLC in the presence of two subscribing witnesses, freely and voluntarily, for the uses and
purposes therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2010.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
ORLA_1609869.4 -8-
CITY
Signed, sealed and delivered
in the presence of:
Print Name:
Print Name:
CITY OF OCOEE, FLORIDA
Attest:
S. Scott Vandergrift, Mayor
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
Approved as to form and legality this
day of , 2010.
FOLEY & LARDNER LLP
IN
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
, 2010 UNDER AGENDA
ITEM NO.
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared S. SCOTT
VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and
City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally
acknowledged executing the same in the presence of two subscribing witnesses, freely and
voluntarily under authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2010.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
ORLA_1609869.4 -9-
JOINDER AND CONSENT TO
DEVELOPMENT AND EASEMENT AGREEMENT
The undersigned hereby certifies that it is the holder of an indenture of mortgage, dated
the day of and recorded in Official Records Book , Page
Public Records of Orange County, Florida, upon the above described Owner Property and
the undersigned for and in consideration of valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, does hereby join in and consent to the execution of the foregoing
Development and Easement Agreement ( ) and agrees that the lien of its
mortgage described herein above shall be subordinated to the aforedescribed Development and
Easement Agreement.
Signed, sealed and delivered
in the presence of:
(Print name of Mortgage holder)
Print Name:
Print Name:
STATE OF
COUNTY OF
By:
Printed Name:
Title:
The foregoing instrument was acknowledged before me this
,20_, by (Name of Officer)
the (Title) of (Name)
He /she " is personally known to me, or " has produced
as identification.
day of
who is
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
ORLA_1609869.4 -10-
EXHIBIT " A "
THE OWNER PROPERTY
THE NORTH 100 FEET OF THE SOUTH 560 FEET OF THE EAST 330 FEET OF THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 (LESS THE EAST 40 FEET FOR ROAD RIGHT
OF WAY) ALL IN SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST, PUBLIC
RECORDS OF ORANGE COUNTY, FLORIDA.
CONTAINS: 29,000 SQUARE FEET OR 0.666 ACRES MORE OR LESS.
ORLA_1609869.4
EXHIBIT "B"
THE CITY PROPERTY
N 100 FT OF S 460 FT OF E 330 FT OF SE1 /4 OF NE1 /4 (LESS E 40 FT) OF SEC 31 -22 -28
ORLA_1609869.4 -12-
EXHIBIT "C"
THEIMPROVEMENTS
ORLA_1609869.4 _j j_
EXHIBIT "C"
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CLASSIC SMILES DENTAL OFFICE
SMALL -SCALE SITE PLAN
O coee, Flor
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EXHIBIT "D"
WAIVERS FROM LAND DEVELOPMENT CODE
Code Requirement Waiver Request Justification
Section 6.14 (1) (A) (1) 30 foot increase to setback To accommodate cross -
from 100 -foot maximum access with City re -use
Buildings shall be setback plant
no more than 100 -feet from
the right -of -way
Section 6.14 (2) (D) (1) Provide 2 trees instead of 7 Cross - access and parallel
per LDC requirements parking do not allow for
1 tree is required per 4 plant space
parking spaces
Section 6.14 (2) (A) (2) 1 tree per each 55 -feet of Cross - access and parallel
building perimeter parking do not allow for
1 tree is required per 30- plant space
feet of building perimeter
Section 6.14 (1) (E) (3) Remove cross - access To accommodate cross -
requirement to adjacent lot access with City re -use
Cross access is required plant
between Tots
ORLA_1609869.4 -14-
EXHIBIT "E"
THE ACCESS EASEMENT AREA
SKETCH OF DESCRIPTION
DESCRIPTION (INGRESS / EGRESS EASEMENT)
40'
A PORTION OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 7/4 OF SECTION 31, TOWNSHIP 22
SOUTH, RANG£ 28 EAST, ORANGE COUNTY, FLORIDA,
I
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE
I
NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 22
i
SOUTH. RANGE 28 EAST, ORANGE COUNTY, FLORIDA,
1
RUN THENCE NOO'17'33 "E ALONG THF_ FAST LINE OF
NOD' 15'56 "E
THE NORTHEAST 1/4 OF SAID SECTION 31 A
3
DISTANCE OF 460.00 FEET TO THE SOUTH LINE OF
W
a v
THE NORTH 100.00 FEET OF THE SOUTH 360.00
\
o
FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST
1/4 OF SAID SECTION 31; THENCE NB9'44'04 "W
a1
ALONG SAID SOUTH LINE A DISTANCE OF 40.00 FEET
2
,
TO THE WEST RIGHT -OF -WAY LINE OF MAGUIRE
"E
SOO'75'SG " "W
ROAD; 7HFNCF NOO'17'.T3 ALONG SAID WEST
RIGHT -OF -WAY LINE A DISTANCE OF 21.50 FEET FOR
I w
A POINT OF BEGINNING. THENCE N89'44'04 "W A
I vo
DISTANCE OF 56.49 FEET,- THENCE SOO' 15'56 "W A
I
DISTANCE OF 21.58 FELT TO SAID SOUTH LINE OF
THE NORTH 100.00 FEET OF THE SOUTH 560.00
FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST
OF SECTION 31; THENCE N89'44'04 "W ALONG
FEET,•
I
=
S`AI0 SOUTH LINE. A DISTANCE OF 18.00
15'56"E' A DISTANCE OF 46.40 FEET;
I
THENCE NOD
THENCE S89'44'04'E A DISTANCE OF 74.49 FEET TO
I ` I
SAID WEST RIGHT -OF -WAY LINE OF MAGUIRE ROAD;
THENCE SOD' 17'33'W ALONG SAID WEST
RIGHT -OF -WAY LINE, A DISTANCE OF 24.82 FEET TO
I
THE POINT OF BEGINNING
CONTAINING 2,2J8 SQUARE FEET M0 /1L Of? LESS.
I NOO' 1 73.3 L
MAGUIRE ROAD
- - --
I
'SI
O
POC
i
o01
sourNLASI avRNCR
NE I/4 SEC IION J1 -TYS -TOE
2_
ORANGE COUNT; FLONRM
I
2
" 5 S
NOO' 1 7'33 "E 460.00' I _ M ACUIRC RO AD
� OCARING 9A5l5 80' R/W
EAST LINE 5ECTION J1- 225 -TL1E
THIS SKE TCH_ IS NOT A BOUN DARY SURVEY.
PREPARED FORS VOA CONSULTANTS, INC
—
-
11
SRETCH 1E MINIMUM - r,n
OAROS 1AND OF RL' cl , O BY CHAPTER
SQAI7
IL\A 0 SURKYORS. PURSWNT
CCRON 4"."7 OF THE FLORIN 9iwIUIES.
rs uj 07•Lwsdo 77'7.0.. LB 447E
2012 W. Robtnson '9t.
JAMLS D. BRAY PSM 6507 0"riando, Florida. 32005
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pr iRIs nWILA 11LTNLIA LIFIVI.YIN ARD RANYR.'
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ORLA 1609869.4 —1
40'
1J
Us
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�=
^
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W
a v
\
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2
" 5 S
NOO' 1 7'33 "E 460.00' I _ M ACUIRC RO AD
� OCARING 9A5l5 80' R/W
EAST LINE 5ECTION J1- 225 -TL1E
THIS SKE TCH_ IS NOT A BOUN DARY SURVEY.
PREPARED FORS VOA CONSULTANTS, INC
—
-
11
SRETCH 1E MINIMUM - r,n
OAROS 1AND OF RL' cl , O BY CHAPTER
SQAI7
IL\A 0 SURKYORS. PURSWNT
CCRON 4"."7 OF THE FLORIN 9iwIUIES.
rs uj 07•Lwsdo 77'7.0.. LB 447E
2012 W. Robtnson '9t.
JAMLS D. BRAY PSM 6507 0"riando, Florida. 32005
1M11P , "K sL -R— "'° "` ° '""` ""�� (407) 894 -6314
pr iRIs nWILA 11LTNLIA LIFIVI.YIN ARD RANYR.'
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ORLA 1609869.4 —1
EXHIBIT "F"
THE PARKING EASEMENT AREA
SKETCH OF DESCRIPTION
NOD' 7 5'SB'E--i"
7.50'
DESCRIPTION (PARKING EASEMENT)
SOO'75 NORTHEAST 1/4 OF SECTION 31; THENCE
7.50' S89"44'04 "E ALONG SAID SOUTH LINE, A OISTANCE
M OF 127.07 FEET TO THE POINT OF BEG /NN /NQ.
`r CONTAINING 908 SQUARE FEET MORE OR LESS.
`WEST R/W UNE
A POR770AI OF THE SOUTHEAST 7/4 OF THE
ALAOUlR ROAD
Poc
SOUTNEAST CORNER
NE I/1 SECTION J1- 325 - -261
ORANGE COUNTY FLORIDA
g
x)
NOO I7tlJ'E 480.
MAGL/IR ROAD
i
us o BA414
r iuve sectwN
s1 aas -ane
BO' R/W
SOO'75 NORTHEAST 1/4 OF SECTION 31; THENCE
7.50' S89"44'04 "E ALONG SAID SOUTH LINE, A OISTANCE
M OF 127.07 FEET TO THE POINT OF BEG /NN /NQ.
`r CONTAINING 908 SQUARE FEET MORE OR LESS.
Pte@ SOUTH Soo FEET OF THE SOUTHEAST 1/4 OF THE
—I PREPARED TOR: DOA CONSULTANTS, INC
aRerew
'pAROS AS Rf'OI/MCO OY C{G/'TCR
'IM ROMO OF LAN4 SUNVEYORS. P ��� / /� /� ✓ / /� / /� /✓ y� - _ r•�raYCNI - - w L,.LwtwN
-
1 _ .______� ., - � _ _: _ _ oy Oa•tavcdo I7a.c., LB 4478 Q�p�j�
2012 E. Rob2v7.srova St. 7 MAS
IAMLS O. BRAY PSM 6507 Ovlav►do. Fzovida &ZHO& I = ara � f,,. _
.wo R s,�1 Nµ.LN�LR (407) 1194 - -6314
h tN /S IM LIKNITO KKi II/IPPC N,w,v u.LU,N, wt
ORLA_1609869.4 —16—
A POR770AI OF THE SOUTHEAST 7/4 OF THE
NORTHEAST 1/4 OF SECTION 37. TOWNSHIP 22
I` S
SOUTH, RANGE 2B EAST, ORANGE COUNTY, FLORIDA.
BEING R
w N
N COMMFNCF AT THE SOUTHFAST CORNER OF THE
NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 22
I.I SOUTH, RANGE 2B EAST. ORANGE COUNTY, FLORIDA,
RUN THENCE NOD' 7.33"E ALONG THE EAST LINE Of
. T
THE NORTHEAST 1/4 OF SAID SECTION J1 A
DISTANCE OF 460.00 FEET TO THE SOUTH LINE OF
THE NORTH 100.00 FEET OF THE SOUTH 580 FEET
�\ OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SAID SECTION J 1; THENCE NB9'44'04"W ALONG SAID
i•U! S
THENCE CONTINUE NB9'44'04 "
12J.31 FEET FOR A P
PARKING S
1
NOD' f 5'56 "E A DISTANCE OF 7.50 FEET TO SAID
SOUTH LINE OF THE NORTH 100.00 FEET OF THE
—I PREPARED TOR: DOA CONSULTANTS, INC
aRerew
'pAROS AS Rf'OI/MCO OY C{G/'TCR
'IM ROMO OF LAN4 SUNVEYORS. P ��� / /� /� ✓ / /� / /� /✓ y� - _ r•�raYCNI - - w L,.LwtwN
-
1 _ .______� ., - � _ _: _ _ oy Oa•tavcdo I7a.c., LB 4478 Q�p�j�
2012 E. Rob2v7.srova St. 7 MAS
IAMLS O. BRAY PSM 6507 Ovlav►do. Fzovida &ZHO& I = ara � f,,. _
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ORLA_1609869.4 —16—
EXHIBIT "G"
SIDEWALK EASEMENT AREA
SKETCH OF DESCRIP'T'ION
�Q ti
2' SIDEWALK _.
EASEMENT
5 2.00 PLAT —
— C Jr RIW — — — — — — —
MAOU/RC ROAO I \ - POB
31
SI g
FOG
SO � /AST CORNCR
NE f/R SECMN 31- 22S -28C I
ORANGE COUNT; iLORI4A I J —
N00.17'33 "E 460.00 j r . MAGUI RO
e4AR4Wc 17A.P 130 Rzw
- r 7 LNVE SCCrroN 31- 225 -2—
PREPARED FOR: DOA CONSULTANTS, INC
N—II As REnuIRCO BY CIMPILK D.Ia / -a,
FL URIOA 9OA (AND JII/LVEYONS, PURSIMM
TO SCCTION 4)t.011 OF THC lLORIOA J/ATYlEJ.
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•NDr AT16'A1AbO/ J!k'se flhY_ Y.K U(I_k
?LK f/ 1DA LfC(NSrD SWKYOr AND NAM[R.'
oLCl lw,/'l .)2/A!�E2.sD
Of ovluI a. lrr - L6 4475
2012 E. R.bi- .OT,
Or1/ssa 1.. Florta- SZ.909 I
(407) 894 -6314
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DESCRIPTION (SIDEWALK EASEMENT)
A PORTION OF THE SOUTFAST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 22
f-
SOUTH. RANG£ 28 FAST, ORANGE COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE
NORTHEAST 1/4 O F SECTION 31. TOWNSHIP 22
p
1. RANGE 28 EAST, ORANGE COUNTY. FLORIDA.
RUN
RUN THENCE NOD' 1 7'33 "E ALONG THE EAST LINE OF
THE NORTHEAST 1/4 OF SAID SECTION 31 A
W
DISTANCE OF 460.00 FEET TO TIIE SOUTH LINE OF
THE NORTH 100.00 FEET OF THE SOUTH 580.00 FEET
OF THE SOUTHEAST 1/4 OF THE NORT{IF_AST 1/4 OF
SAID SECTION 31; THENCE S89'44'04 "W ALONG SAID
Q1
0
SOUTH LINE A DISTANCE OF 40.0 FEET TO THE WEST
RIGHT -OF -WAY LINE OF MAGUIRE ROAD FOR A POINI
OF BEGINNING; THENCE SOO - W ALONG SAID
G «
WEST RIGHT -OF -WAY LINE A DISTANCE_ OF 2.00 FEET;
THENCE N89 "W A DISTANCE OF 99.34 FEET;
THENCE N48' 18'48" W A DISTANCE OF 3.02 FCCT TO
SAID SOUTH LINE OF THE NORTH 100.00 FEET OF
BHA
Z
THE SOUTH 560 FEET OF THE SOUTHEAST 1/4 OF
THE NORTHEAST 1/4 OF SAID SECTION 31; TIICNCC
-
S89'44'04 "£ ALONG SAID SOUTH LINE. A DISTANCE 01
101.61 FEET TO THE POINT OF BEGINNING.
CONTAINING 201 SOUARE FEET MORE OR LESS.
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