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Sustainable Communities Designation Agreement
Part I
EXHIBIT
A
EXHIBIT
B
EXHIBIT
C
EXHIBIT
D
EXHIBIT
E
EXHIBIT
F
EXHIBIT
G
EXHIBIT
H
Sustainable Communities
Designation Agreemnet
THIS AGREEMENT is entered into by and between the Florida Department
of Community Affairs (herein "DCA" or "the
Department") and the City of Orlando, (hereinafter referred to
as "the City,").
W I T N E S S E T H:
- WHEREAS, pursuant to Section 163.3244, Florida Statutes (Supp.
1996), the Department of Community Affairs is authorized to
undertake a Sustainable Communities Demonstration Project to
further six broad principles of sustainability: restoring key
ecosystems; achieving a cleaner, healthier environment; limiting
urban sprawl; protecting wildlife and natural areas; advancing
the efficient use of land and other resources; and creating
quality communities and jobs; and
- WHEREAS, as part of the Demonstration Project, the Department
is authorized to designate up to five local governments, in
whole or in part, as sustainable communities; and
- WHEREAS, in order to implement the demonstration project, the
Department solicited applications from all local governments in
Florida; and
WHEREAS, the City submitted a written application for
designation as a Sustainable Community, which application
described its reasons for applying for the designation and was
supported by documents regarding the City's compliance with the
criteria in Section 163.3244, Florida Statutes; and
- WHEREAS, the Secretary of the Department of Community Affairs
has determined that the City meets the criteria for designation
as a sustainable community and should be designated as a
sustainable community as set forth in this agreement.
- NOW, THEREFORE, in consideration of the undertakings contained
herein and the benefits to accrue to the parties, the receipt
and sufficiency of which are hereby acknowledged, the parties
agree as follows:
SECTION 1. Designation as a Sustainable Community;
Boundaries. The City of Orlando, Florida, is hereby
designated a Sustainable Community pursuant to Section 163.3244,
F.S. (Supp. 1996).
SECTION 2. Urban Development Boundary. For the purpose of
this Sustainable Community designation, the City has set the
"Urban Development Boundary" as the City limits as of
the effective date of this agreement as depicted on Exhibit
"A" attached hereto and incorporated by reference
herein.
SECTION 3. Bases for Designation. The Department
designates the City as a Sustainable Community on the bases set
forth in Exhibit "B" attached hereto and incorporated
by this reference herein.
SECTION 4. Conditions Necessary to Comply with Intent of
Designation. In order to further the intent of the
designation, the Department and the City agree to undertake the
following actions:
(I) City's Commitments.
1. Citizen Participation. By December 1, 1997, the City
shall develop and implement a program to provide for citizen
participation in the Sustainable Community Demonstration
Project. This program may include establishing a Sustainable
Community Advisory Committee, regular public workshops, and a
Sustainable Community Demonstration Project page on the City's
web site, or other techniques as determined by the City. As part
of the citizen participation process, the City shall, working
with the Department, review and reassess the indicators adopted
as part of this agreement. Recommendations for changes to the
indicators, if any, shall be made to the City Council and the
Department by October 1, 1998.
2. Sustainable Housing Demonstration Project. The City
shall work with the Department and the Florida Housing Finance
Agency, or its successor ("FHFA") to develop a
sustainable housing demonstration project within the City
comparable to the "Florida House" project located in
Sarasota, Florida. The Project shall utilize, to the greatest
extent practicable, recycled and highly durable material and
energy efficient design and construction techniques. This
Project shall also incorporate state of the art Florida disaster
resistant or disaster resilient design standards. The City and
the Department shall seek to partner with private sector
entities during the design, construction and furnishing of the
Project.
3. Environmental Issues and Cooperation. The City shall
work with various agencies, including, but not necessarily
limited to, the Florida Department of Environmental Protection,
the Florida Game and Freshwater Fish Commission, the Army Corps
of Engineers, the United States Department of Agriculture, the
Natural Resources Conservation Service, the East Central Florida
Regional Planning Council, the St. Johns River Water Management
District, and the South Florida Water Management District, as
appropriate, on the creation of innovative methods for dealing
with environmental issues, concerns, and processes. Specifically
the City shall:
(a) enhance its institutional knowledge base by taking
advantage of the sensitive lands mapping efforts of other
agencies;
(b) on a city-wide basis, assess the appropriate roles for the
City and the State in sharing responsibility for protection of
environmentally sensitive lands;
(c) work with these agencies towards establishing an ongoing
working group to address such issues as streamlined
environmental permitting, preservation of environmentally
sensitive lands, wellhead protection, drain well replacement,
and aquifer recharge protection; and,
(d) develop a prioritized list of environmentally sensitive
lands suitable for public acquisition and seek available grant
funding for fee or less-than-fee acquisition of high priority
lands during the remaining years of the Stateıs Preservation
2000 Program. Particular emphasis shall be given to lands that
further the protection of existing conservation lands, lakes,
wetlands and wildlife corridors. The City shall also avail
itself of Florida Communities Trust, and similar funding
opportunities for acquisition of environmentally sensitive
lands.
4. Light Rail Transit Station Area Planning. The City
shall continue to work with Lynx, the Florida Department of
Transportation, and their consultants on the I-4 Master Plan,
including the light rail component thereof. The Cityıs
Transportation Planning Bureau will bring together key staff to
participate on a Light Rail Station Area Location Team. This
Team will assist the FDOT in the location and design of up to
sixteen (16) stations along the north/south alignment through
Orlando. The team will consist of staff from the following
areas: Planning and Development; Public Works; Traffic
Engineering; Police; Fire; Neighborhood Services; Downtown
Development Board, and Business Relocation Assistance. The team
will review station location, design, and the relationship of
each station to its surroundings. The City will focus on design
characteristics and aesthetic quality. The City will also seek
to encourage development of adjacent and nearby land in a manner
that supports light rail.
5. Economic Development. The City shall work towards a
stable and diversified economy by using the economic prosperity
brought about by the regionıs enormous tourism industry to
attract targeted growth industries. The City's goal is to
provide a better balance to the service sector economy. The City
will partner with agencies such as Enterprise Florida; the
Governorıs Office of Tourism, Trade and Economic Development;
the Department of Community Affairs; and, the Economic
Development Commission of Mid-Florida. The City shall:
(a) promote and support the Cityıs targeted growth industries
by participating in Enterprise Floridaıs Qualified Targeted
Industries Tax Refund Program;
(b) ensure a business-friendly environment by providing a
streamlined development review process and offering effective
programs that foster successful business development;
(c) nurture and cultivate small business and neighborhood
business development by providing ³hands-on² assistance
through the Mayor's Business Assistance Team;
(d) continue to utilize its Micro Loan and Neighborhood
Business Revitalization Programs to promote small and
neighborhood business development to the extent federal
funding continues to be made available for such purposes;
(e) encourage infill and redevelopment within the Traditional
City (as defined in the City's adopted Growth Management Plan
and depicted on Exhibit ³C² attached hereto) through
implementation of such programs as the Real Estate Resource
Center, reduced impact fees, facade matching grant program,
and impact fee matching grant program;
(f) engage in innovative programs that help educate the
workforce, specifically working with such programs as Soldiers
to Scholars, School to Work, TechPrep, local community
colleges and universities, and Central Florida Jobs and
Education Partnership, Inc.;
(g) promote neighborhood economic development in order to
improve and stabilize the economic condition of distressed
neighborhoods with a major focus on education and training and
job creation using the Enterprise Zone and Micro Loan
Programs, as well as other programs such as Main Street
Florida and the Central Florida Jobs and Education
Partnership, Inc.; and,
(h) facilitate and serve as an active partner in implementing
effective Welfare to Work programs that complement existing
federal and state programs.
6. Major Sustainability Projects. To the extent
hereinafter set forth, the City shall incorporate sustainability
ideals and new urbanism concepts, to the extent practical, into
the development and implementation processes for the Southeast
Orlando Development Plan (the "SOD Plan"); the Orlando
Naval Training Center Urban Design and Transportation Plan (the
"NTC Plan"); the Parramore Heritage Renovation Project
(the "PHR Project"); a Sustainable Neighborhood
Project; and, the City's Evaluation and Appraisal Report (the
"EAR"). The SOD Plan area is depicted on Exhibit
"D", the NTC Plan area is depicted on Exhibit
"E", and the PHR Project area is depicted on Exhibit
"F", each of which is attached hereto and incorporated
by this reference herein.
7. Southeast Orlando Development Plan Area. In 1996, the
City of Orlando participated in the creation of an innovative
public/private partnership to develop and implement the SOD
Plan. The intent of the SOD Plan was to integrate various new
urbanism ideals such as a fine grain mix of land uses, sound
urban design, the preservation of the natural environment
including important upland areas, and a design which features
safe, amenity-rich, pedestrian and bicycle-friendly
neighborhoods. A conceptual master plan was developed, along
with a definitive set of "new urbanism"-themed land
use, building, traffic circulation and open space guidelines. A
subgroup of Southeast area property owners, however, have
contracted with a consultant to produce a development plan which
may be approved as an alternative to the SOD Plan. Inasmuch as
the SOD Plan shall set the stage for future development within a
very large area on the urban fringe, State and regional agencies
shall be invited to fully participate in the review of whatever
alternatives are proposed for adoption. The City commits to
working in concert with these agencies, as well as with adjacent
local jurisdictions, to address their concerns. The City shall
in particular work with Orange County to ensure effective
implementation of the Plan concepts and to address
extrajurisdictional issues.
The City shall, as soon as reasonably possible, adopt Future
Land Use Map amendments and other necessary Growth Management
Plan amendments for the SOD Plan area which will further
principles of sustainability These amendments will set the
framework for development options within the SOD Plan area. By
January 1, 1999, the City shall adopt a special plan, or other
appropriate planning/regulatory tool, for the SOD Plan area. The
special plan, or other tool, may incorporate the property owner
subgroupıs alternative along with one or more alternatives
developed by the City. The City will not impose any particular
alternative on development in the SOD Plan area but will
incorporate as a development option incentivized development
standards addressing the following sustainability principles as
derived from Best Development Practices:
(a) a mixture of land uses at a much finer grain than is
typically found in suburban development, with the specific
inclusion of civic uses. This approach is expected to reduce
vehicle miles of travel ("VMT");
(b) a land use pattern which encourages a healthy jobs-housing
balance;
(c) a land use pattern which focuses on a hierarchy of
activity centers which contain higher density residential and
commercial uses, parks, neighborhood schools, and which should
be ultimately supportive of transit;
(d) appropriately phased retail, recreational amenities, and
school facilities to keep pace with residential growth;
(e) a method for identifying, reserving, and, if possible,
acquiring neighborhood school sites;
(f) Crime Prevention Through Environmental Design ("CPTED")
concepts and standards;
(g) a street network with multiple connections and relatively
direct routes;
(h) all streets as narrow as practicable;
(i) liberal use of traffic calming devices;
(j) street alignments which encourage the energy efficient
orientation of buildings;
(k) networks for pedestrians and bicyclists as good as the
network for motorists;
(l) shortcuts and alternatives to travel along high-volume
streets for pedestrians and bicyclists;
(m) emphasis on transit oriented design features;
(n) a systemic approach to environmental planning utilizing
pre-existing maps of sensitive lands and materials from the
appropriate water management districts, Orange County's
Environmental Mapping Study, East Central Florida Regional
Planning Council, and other available public and private
environmental agencies;
(o) the channeling of development into areas that are already
ecologically disturbed and away from more environmentally
sensitive areas;
(p) creation of a Primary Conservation Network ("PCN")to
preserve patches of high-quality habitat, as large and
circular as reasonably practical, feathered at the edges and
connected by wildlife corridors;
(q) designing around significant wetlands, but including them
in the amenity framework of the community;
(r) upland buffers around all retained wetlands and natural
water bodies;
(s) preservation of significant uplands through the PCN;
(t) where possible and practical, restoration and enhancement
of ecological functions damaged by prior site activities;
(u) pre-planned stormwater impact management, including the
minimization of stormwater runoff by clustering development on
the least porous soils and the use of infiltration facilities;
(v) detention of stormwater runoff with open, natural drainage
systems;
(w) the use of man-made lakes and stormwater ponds for maximum
environmental value;
(x) the use of reclaimed water and integrated pest management
practices;
(y) the use of Xeriscape landscaping techniques;
(z) the mixture of multi-family, single-family, and senior
housing within the same communities to enable residents to
stay within their community for the entire life cycle;
(aa) the use of cost effective, yet sustainable, site
development and construction practices, including the use of
energy saving features;
(bb) a mixture of housing types and alternatives, including an
optimum mix of single-family and multi-family units to
preserve property values and sustainability to the extent the
market will bear such a mixture;
(cc) encouraging home ownership; and,
(dd) encouraging the use of energy efficient, durable, and low
maintenance building materials for both commercial and
residential development.
8. Additional SOD Plan Area Environmental Issues. In
addition to the environmental initiatives set forth in Section 4
(I), paragraph 3, supra, the City shall, to the extent State
technical, permitting, and funding assistance reasonably
permits, coordinate with the State, including the Department,
the pertinent Water Management Districts, the Department of
Environmental Protection, the Army Corps of Engineers, and the
Florida Game and Freshwater Fish Commission and with Orange
County to establish an innovative and cooperative environmental
approach to development within the SOD Plan area that will:
(a) ensure preservation of key wetlands through a Primary
Conservation Network;
(b) provide for protection of key upland areas adjacent to key
wetlands, again through a Primary Conservation Network;
(c) provide a prototype for an ecosystem approach to
protecting environmentally sensitive lands;
(d) establish a mechanism to equitably distribute costs of
ecosystem protection across several properties; and,
(e) resolve State and regional issues at the beginning of the
development review process, so that developments which comply
with the agreed upon environmental criteria can experience a
time and cost savings as they proceed through the
environmental permitting process.
9. Orlando Naval Training Center Urban Design &
Transportation Plan. By July 1, 1998, the City shall adopt a
special plan, or another appropriate planning/regulatory tool,
for the NTC Main Base area. State and regional agencies shall be
invited to participate in the review of the Plan. The City
commits to working in concert with these agencies, as well as
with adjacent local jurisdictions, to address their concerns.
The NTC Plan shall incorporate, to the greatest extent
reasonably practical, the following sustainability principles as
derived from Best Development Practices:
(a) a mixture of land uses at a much finer grain than is
typically found in suburban development, with the specific
inclusion of civic uses. This approach is expected to reduce
vehicle miles of travel ("VMT");
(b) a land use pattern which encourages a healthy jobs-housing
balance;
(c) a Village Center component that includes a mixture of
housing, retail and employment opportunities;
(d) appropriately phased and significant recreational
amenities and school facilities to keep pace with residential
growth, including working with Orange County School Board to
provide a site for an elementary school and land for expansion
of Glenridge Middle School and Winter Park High School, each
of which abut the NTC Plan area;
(e) the creation of well-defined neighborhood centers and
edges;
(f) Crime Prevention Through Environmental Design ("CPTED")
concepts and standards;
(g) a street network with multiple connections and relatively
direct routes;
(h) liberal use of traffic calming devices;
(i) minimal traffic signalization which encourages traffic
progression;
(j) provide networks for pedestrians and bicyclists as good as
the network for motorists;
(k) emphasis on transit oriented design features;
(l) the channeling of development into areas that are already
ecologically disturbed and away from more environmentally
sensitive areas;
(m) where possible and practical, restoration and enhancement
of ecological functions damaged by prior site activities;
(n) pre-planned stormwater impact management, including the
minimization of stormwater runoff by clustering development on
the least porous soils and the use of infiltration facilities
(o) the use of man-made lakes and stormwater ponds for maximum
environmental value;
(p) the use of Xeriscape landscaping techniques;
(q) the mixture of multi-family, single-family, and senior
housing within the same communities to enable residents to
stay within their community for the entire life cycle;
(r) the use of cost effective, yet sustainable, site
development and construction practices, including the use of
energy saving features;
(s) a mixture of housing types and alternatives, including an
optimum mix of single-family and multi-family units, to
preserve property values, and sustainability, to the extent
the market will bear such a mixture;
(t) encouraging home ownership; and,
(u) encouraging the use of energy efficient, durable, and low
maintenance building materials for both commercial and
residential development.
10. NTC Elementary School. The City will explore the
possibility of funding the construction of an on-site elementary
school as part of the NTC base reuse project amenity package.
11. Sustainable Neighborhood Demonstration Project. The
City will select a neighborhood currently experiencing
significant problems such as falling property values, increasing
crime (and perception of increased crime), decreasing home
ownership, and the like, which appear to threaten its long term
sustainability. In cooperation with the State, the City will
seek to define the causes and possible solutions to the
sustainability issues facing the neighborhood. The neighborhood
currently being considered for this project is Rosemont. The
City's ability to undertake this project is wholly contingent
upon the State's participation and the successful location of
one or more funding sources acceptable to the City as outlined
in Section 4 II of this Agreement, infra.
12. Parramore Heritage Plan Area. The City shall continue
to refine and define the Parramore Heritage Renovation Plan and
shall identify appropriate implementation strategies by July 1,
1998. The City may, but shall not be required to, at that time
identify or adopt specific implementation tools such as a
special plan, or other appropriate planning/regulatory tool, for
the PHR Project Area.
13. Evaluation and Appraisal Report. By July 1, 1998, the
City shall submit its Evaluation and Appraisal Report
("EAR") to the Department. In preparing the EAR, the
City shall specifically focus on sustainability issues as an
unforeseen opportunity that has arisen between the adoption of
the City's Growth Management Plan and the date of the EAR
pursuant to Rule 9J-5.0053(6)(a)5. F.A.C. In particular, the EAR
shall:
(a) describe the problems and opportunities created by the
Sustainable Communities designation;
(b) identify costs or impacts to the public welfare that may
result from the designation;
(c) determine the benefits that the designation can produce;
(d) describe the overall goals the City is attempting to
achieve through the designation;
(e) evaluate the extent to which existing incentives in the
GMP have been successful in promoting sustainability;
(f) evaluate how the Sustainable Communities designation has
impacted or will impact the implementation of the GMP;
(g) relate problems and opportunities created by the
Sustainable Communities designation back to specific portions
of each GMP element, including data, analysis, goals,
objectives, and policies; and,
(h) present conclusions regarding the need to revise the GMP
in light of the problems and opportunities created by the
Sustainable Communities designation.
(II) Department Commitments.
In order to assist the City in successfully implementing the
designation, the Department agrees to do the following:
1. Assist the City in identifying funding which may be
utilized in implementing this agreement.
2. Assist the City in coordinating with other local
governments, State agencies, and federal agencies in the
implementation of this agreement.
3. To the greatest extent practicable, provide technical
assistance and/or encourage other state agencies to provide
technical assistance in the implementation of this agreement.
By way of illustration, but not limitation, the Department
specifically acknowledges that the City can only accomplish
the environmental tasks set forth in paragraph 8(b) through
8(e) with substantial State technical, funding or permitting
assistance.
4. The Department shall work with the City in its efforts to
retain and fund a consultant who can, through comparative
study of the neighborhood selected by the City for its
Sustainable Neighborhood Project, and other similar
neighborhoods in the City and in other communities in the
Sustainable Communities network, draw conclusions and make
recommendations to restore and enhance sustainability. The
Department shall specifically assist the City in its efforts
to locate funding sources acceptable to the City to pay for
the study.
5. The Department shall assist the City in locating funds to
assist with the goal of achieving home ownership in the
Parramore Heritage Project Area and/or shall assist the City
in locating funding to acquire suitable non-residential
properties in the Parramore Heritage Project Area for
redevelopment as housing.
6. The Department shall encourage state agencies to timely
respond to requests for technical assistance.
7. The Department shall assist the City in developing a
revised DRI process and, if desired by the City, an FQD
process.
Proceed to Part II
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