ALACHUA COUNTY
BOARD OF COUNTY COMMISSIONERS
ORDINANCE 06-10

AN ORDINANCE ESTABLISHING THE PARKER ROAD COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES (2005); NAMING THE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; DESCRIBING THE FUNCTIONS AND POWERS OF THE DISTRICT; DESIGNATING FIVE PERSONS TO SERVE AS THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; ADDRESSING ORDINANCE CONFLICTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, Oakmont at Gainesville, LLP ("Petitioner"), having obtained written consent  to  the  establishment  of the  District  by  the  owner  of  100  percent  of t�  real property to be included in the District, petitioned the Alachua County BoiiJf</f; ofg Commissioners (the "County") to adopt an ordinance establishing the Parke�ad: Community Development District (the "District") pursuant to Chapter 190, �da�

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Statutes (2005); and

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WHEREAS, the Petitioner is a Florida Limited  Liability Partnership, autneirie�
to conduct business in the State of Florida; and	��	9?

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WHEREAS, all interested persons and affected units of general-purpos?f8caf government were afforded an opportunity to present oral and written comments on the Petition at a duly noticed public hearing conducted by the County on May 23, 2006; and
WHEREAS, upon consideration of the record established at that hearing, the County determined that the statements within the Petition were true and correct, that the establishment of the District is not inconsistent with any applicable element or portion of the state comprehensive plan or the local government comprehensive plan, that the land within the District is of sufficient size, is sufficiently compact, and sufficiently contiguous to be developable as a functionally interrelated community, that the District is the best alternative available for delivering community development services and facilities to the area served by the District, that the services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities, and that the area to be served by the District is amenable to separate special-district governance; and

 	

WHEREAS, the establishment of the District will constitute• a timely, efficient, effective, responsive and economic way to deliver community development services in the area described in the Petition.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ALACHUA COUNTY, FLORIDA:

Section 1. Findings. The above recitals are adopted as findings of fact in support ofthis Ordinance.
Section 2. · Authority. This ordinance is adopted in compliance with and pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes (2005).
Section 3. Chapter 37.2, Title 3, Alachua County Code, is hereby amended as follows:

CHAPTER 37.2
PARKER ROAD COMMUNITY DEVELOPMENT DISTRICT
Sec. 37.2.1. District Name.
There is hereby established a Community Development District situated entirely within Alachua County, Florida, which District shall be known as the "Parker Road Community Development District."
Sec. 37.2.2. External Boundaries of the District.
The external boundaries of the District are described in Exhibit A attached hereto and incorporated by reference, the overall parcel containing 556 acres, more or less.
Sec. 37.2.3. Functions and Powers.
The general powers and functions of the District are described in Chapter 190, Florida Statutes. The District is also authorized to exercise additional powers to finance, fund, plan, establish, acquire, construct, reconstruct, enlarge or extend, equip, operate and maintain systems and facilities for parks and facilities for indoor and outdoor recreation, cultural and educational uses, all as authorized as described in Section 190.012(2)(a), Florida Statutes (2005).
Sec. 37.2.4. Board of Supervisors.
The five persons designated to serve as initial members of the District's Board of Supervisors are as follows: Andrew J. Hagan, Esq., Cynthia C. Jones, Brum Siddiqui, Esq., Kelly Kulinski, and Ken LaPointe. All of the above-named persons are residents ofthe State of Florida and citizens ofthe United States.
Section 4. Conflict. The terms of this Ordinance shall govern to the extent of any conflict with any other County ordinance.

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Section 5. Severability. All provisions of this Ordinance are severable and should a court ofcompetent jurisdiction determine finally any provision hereof to be in conflict with law such that the offending provision and other law cannot coexist, such provision shall be deemed stricken and the remainder shall survive in full force and effect to the extent legally possible.
Section 6. Effective Date. A certified copy ofthis ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners within ten
(10) days after enactment by Board of County Commissioners, and shall take effect upon filing with the Department of State.

DULY ADOPTED in regular session, this 23rd day of May, A.D., 2006.

BOARD OF COUNTY COMMISSIONERS OF ALACHUA COUNTY, FLORIDA

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APPROVED AS TO FORM

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DEPARTMENT APPROVAL AS TO CORRECTN:t;.;SS

�Director of Growth M_Janagement or designee

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CERTIFICATE OF CLERK

I DO HEREBY CERTIFY that the annexed copy of Ordinance 06-10 is a true, correct and compared copy ofthe Ordinance adopted by the Board ofCounty Commissioners of Alachua County, Florida at its regular meeting held May 23, 2006.
WITNESS my hand and official seal ofthe Board ofCounty Commissioners ofAlachua County, Florida this 30th day of May, A.D., 2006.

J.K. "Buddy" Irby,
Board of County Commissio.	rs
(Seal)

J.K. "BODDY" IRBY CLERK

CLERK OF THE CffiCUIT COURT

Finance and Accounting Post Office Box 939 Gainesville, Florida 32602

TELEPHONE (352) 374-3605

June 6, 2006

Liz Cloud, Program Administrator
R.A. Gray Building
500 South Bronaugh Street, Room 101

Tallahassee, Florida 32399-0250
Subject Alachua County Ordinance #06-10 Dear Ms. Cloud

I am sending a correct copy of Ordinance #06-10 previous filed with your office. The copy filed with your office did not have the attached Exhibit A. I inadvertently failed to attach the exhibit. I apologize for any inconvenience that this m&y have caused. If you have any questions or concerns I can be reached at (352) 374-3605 ext. 2517.
Sincerely,

s��ah�k to th Alachua County Commission

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ALACHUA COUNTY
BOARD OF COUNTY COMMISSIONERS
ORDINANCE 06-10

AN ORDINANCE ESTABLISHING THE PARKER ROAD COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES (2005); NAMING THE DISTRICT; DESCRIBING TfIE EXTERNAL BOUNDARIES OF THE DISTRICT; DESCRIBING THE FUNCTIONS AND POWERS OF THE DISTRICT; DESIGNATING FIVE PERSONS TO SERVE AS THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; ADDRESSING ORDINANCE CONFLICTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTNE DATE.

WHEREAS, Oak mont at Gainesville, LLP ("Petitioner"), having obtained written consent to the establishment of the District by the owner of 100 percent of the real property to be included in the District, petitioned the Alachua County Board of Commissioners (the "County") to adopt an ordinance establishing the Park�J(o�
Community  Development  District  (the  "District")  pursuant  to  Chapter  190,p:_:.g>ri�
Statutes (2005); and	�>-,�	�e
WHEREAS,  the Petitioner is a Florida Limited Liability Partnership,  a�J@ize.'d

to conduct business in the State of Florida; and	C'1--ri-�•1

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WHEREAS, all interested persons and affected units of general-purp�titoool government were afforded an opportunity to present oral and written comme��n t� Petition at a duly noticed public hearing conducted by the County on May 23, 2006; and
WHEREAS, upon consideration of the record established at that hearing, the County determined that 'the statements within the Petition were true and correct, that the establishment of the District is not inconsistent with any applicable element or portion of the state comprehensive plan or the local government comprehensive plan, that the land within the District is of sufficient size, is sufficiently compact, and sufficiently contiguous to be developable as a functionally interrelated community, that the District is the best altemative available for delivering community development services and facilities to the area served by the District, that the services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities, and that the area to be served by the District is amenable to separate special-district governance; and

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WHEREAS, the establishment of the District will constitute a timely, efficient, effective, responsive and economic way to deliver community development services in the area described in the Petition.

BE IT ORDAINED BY THE . BOARD OF COUNTY COMMISSIONERS OF ALACHUA COUNTY, FLORIDA:
Section 1. Findings. The above recitals are adopted as findings of fact in support ofthis Ordinance.

Section 2. Authority. This ordinance is adopted in compliance with and pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes (2005).
Section 3. Chapter 37.2, Title 3, Alachua County Code, is hereby amended as follows:

CHAPTER 37.2
PARKER ROAD COMMUNITY DEVELOPMENT DISTRICT
Sec. 37.2.1. District Name.
There is hereby established a Community Development District situated entirely within Alachua County, Florida, which District shall be known as the "Parker Road Community Development District."
Sec. 37.2.2. External Boundaries of the District.

The external boundaries of the District are described in Exhibit A attached hereto and incorporated by reference, the overall parcel containing 556 acres, more or less.
Sec. 37.2.3. Functions and Powers.
The general powers and functions of"the District are described in Chapter 190, Florida Statutes. The District is also authorized to exercise additional powers to finance, fund, plan, establish, acquire, construct, reconstruct, enlarge or extend, equip, operate and maintain systems and facilities for parks and facilities for indoor and outdoor recreation, cultural and educational uses, all as authorized as described in Section 190.012(2)(a), 'Florida Statutes (2005).
Sec. 37.2.4·.  Board of Supervisors.
The five persons designated to serve as initial members ofthe District's Board of Supervisors are as follows: Andrew J. Hagan, Esq., Cynthia C. Jones, Erum Siddiqui, Esq., Kelly Kulinski, and Ken LaPointe. All of the above-named persons are residents of the State of Florida and citizens of the United States.
Section 4. Conflict. The terms of tW:s Ordinance shall govern to the extent of any conflict with any other County ordinance.

2

)		Section 5. Severability. All provisions of this Ordinance are severable and should a court ofcompetent jurisdiction determine finally any provision hereof to be in conflict with law such that the offending provision and other law cannot coexist, such provision shall be deemed stricken and the remainder shall survive in full force and effect to the extent legally possible.
Section 6. Effective Date. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Conunissioners within ten
(10) days after enactment by Board of County Commissioners, and shall take effect upon filing with the Department ofState.

DULY ADOPTED in regular session, this 23rd day of May, A.D., 2006.

BOARD OF COUNTY COMMISSIONERS OF ALACHUA COUNTY, FLORIDA

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APPROVED AS TO FORM

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DEPARTMENT APPROVAL AS TO CORFECTNESS

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EXHIBIT A
Causseaux & Ellington, Inc.
Engineering	•	Surveying	•	Planning

October 7, 2005

CLIENT:
PROJECT NUMBER: 05-0102
DESCRIPTION FOR: OAKMONT SUBDIVISION

DESCRIPTION: (BY SURVEYOR)
A PARCEL OF LAND SITUATED IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 18 EAST, ALACHUA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE AT THE NORTIIWEST CORNER OF SECTION 13, TOWNSH1P 10 SOUTH, RANGE 18 EAST; THENCE SOUTH 00°3 7'36" EAST ALONG THE WEST LINE OF SAIDSECTION, A DISTANCE OF 40.01 FEET; THENCE NORTH 89°38'05" EAST DEPARTING SAID WEST LINE, A DISTANCE OF 40.00 FEET TO THE INTERSECTION OF THE SOUT.HERLY RIGHT-OF-WAY LINE OF S.W. 24TH AVENUE AND THE EASTERLY RIGHT-OF-WAY OF S,W. 122ND STREET,.SAID INTERSECTION BEING THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°38'05" EAST ALONG SAIDSOUTHERLYRIGHT-OF-WAY LINE OF S.W. 24TH AVENUE,ADISTANCE OF 2598.49 FEET TO THE WEST LINE OF THE NORTHEAST 1/4 OF SECTION 13; THENCE SOUTH 00°50'15" EAST DEPARTING SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1285.11 FEET TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE NORTH 89°45'39" EAST, A DISTANCE OF 2642.92 FEET TO THE SOUTHEAST CORNER OF SAID NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE SOUTH 00°59'3 l" EAST ALONG THE EAST LINE OF SAID SECTION 13, A DISTANCE
OF 3991.18 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 13; THENCE NORTH
89°5n2'39" WEST ALONG THE SOUTH LINE OF SAID SECTION 13, A DISTANCE OF 5271.23 FEET
TO	rn AFOREMENTIONED EASTERLY RIGHT-OF-WAY LINE OF s.w. 122ND STREET;
THENCE NORTH 00°38'34" WEST ALONG SAIDEASTI;:RLY RIGHT-OF-WAY LINE, A DISTANCE OF 2638.82 FEET TO A 4" X 4" ALA�,HUA COUNTY RIGHT-OF-WAY MONUMENT; THENCE NORTH 00°37'35" WEST CONTINU�G ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 2598.20 FEET TO THE POINT OF BEGINNING.

THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 556.33 ACRES; MORE OR LESS.

THE ABOVE LEGAL DESCRIPTION WAS PREPARED BY STACY A. HALL, P.S.M., FLORIDA PROFESSIONAL SURVEYOR AND MAPPER CERTIFICATE NUMBER 3784

6011 NW I fl Pia,·�, Gaines\'ill�, Floridu 32607 • Phone 352.:131.1976 • FAX J.52.3} 1.2476 • Email: mnilbox�{'cei-civil.com

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CERTIFICATE OF CLERIC

I DO HEREBY CERTIFY that the annexed copy of Ordinance 06-10 is a true, correct and compared copy ofthe Ordinance adopted by the Board of County Commissioners of Alachua County, Florida at its regular meeting held May 23, 2006.
WITNESS my hand and official seal ofthe Board of County Commissioners ofAlachua County, Florida this 30th day of May, A.D., 2006.

J.K. "Buddy Irby,
Board ofCounty Commissio	rs
(Seal)

G 147383

THE GAINESVILLE SUN

Published Daily and Sunday GAINESVILLE, FLORIDA STATE OF FLORIDA COUNTYOF ALACHUA

Affidavit.txt

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Ernest Blake, Ill
Before the undersigned authority appeared...........................................................................
Legal Advertising Coordinator
1,1/ho on oath says that he Is	of THE GAINESVILLE SUN, a daily
newspaper published at Gainesville in Alachua County, Florida, that the attached copy of advertisement, being
NOTICE OF PUBLIC HEARING
0 0.  0 t  f ♦ 0 f  • 0 00 0 0 f O O.  0 0  0 f' 0 0 f O  t  I•  0.0 0 0  0  t O  O   O O O  O O  O O of  O  Ot O  t O.  0   0  0 0  f  O  O  OO  Of  O  O O O  O  O Of  O  O  O  o  O o00 0 o o o O  Of  O  O  O  O O O;  o o  o  O  O o 00 o  O OO O O O O O  O O IO O t Oo  ,•, 0 0 0  of  O000too
Public Hearing on Tuesday, May 23, 2008 at 5:00 p.m.
In the matter of...................................................................................................:...............
in the.•.••.•...., .•....••.............•.......•.....•.	••••Court, was published In said newspaper in the issues of
MAY11th
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Affidavit further says that the said THEGAINESVILLE SUN is a newspaper published at Galnesvl/le,

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in said Alachua County, Florida, and that the said newspaper has heretofore been continuously published in said Alachua County, each day, and has been entered	second class mall matter at the post office in Gainesville, in Said Alachua County, Florida, for a period of one year nextpreceding the first publication of the attached copy Of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount for publication in the said newspaper.

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Jeffrey L Bloodsworth

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NOTICE OF PUBLIC HEARING

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The Alachua County Board of County Commissioners will hold a public hearing Tuesday, May 23, 2006, 5:	p.m. at the County Administration Building, Room 209, 12 S.E. 1st Street, Gainesville, · FJorlda to consider ttie following Items: Replat for Robfnlane, Lot 29 (containing less than 1 acre) . located in Section 21 -T9-R19 on Tax Parcel Numper 06040-001- 029 at 39 15 of NW 75th Street for Myers , Griffis & Associates, Inc. as agent. RE-1 , Low Density Residential, BOA Petition #1889 Application ZOM-09-06 {Rezoning)
A request by Gerry Dedenbach 9f Causseaux & Ellington, Inc., agent, for Town & Country Veterinarians, P.A., owners, to rezone from 'R-1A' (Single Family Residential) district to 'PD' (non­ residential Planned Development) district on approximately .87 acres located in the 6900 Block of SW Archer Road on Tax Parcel Number 06896-004-000.
Application ZOX-02-06 (Special Exception)
A request by Art Rogers, agent, for 4251 Partners, owners, to allow a billiards flail. In an existing building in a 'BW' (Wholesale/Warehousing) district on approximately 2 acres located at 4251 SW 131h Street on Tax Parcel-Number 0721 9-0oo� 000.
Application ZOS-07-06 (Special Use Permit)
A request by Gerry Dedenbach of Causseaux & Ellington, Inc., agent for Oak Hall Private School, owner, to·make a minor amendment to an existing Special Use Permit (ZOS-21-98) to make Internal adjustments to the designated use areas within the project site on approximately 43.4 acres located at 8009 SW 1 4th Street on Tax Parcel Numbers 06668-002-003 and 06668-002- 005.. 
Application ZOS-08-06 (Special Use Permit)
A request by Ralph Eng, agent, for Waste Pro of Florida, Inc., owners, to amend an existing special use permit for a landfill with a minor change (name change) in an 'A' (Agriculture) district on approximately 50 acres located at 18715 SW Archer Road on Tax Parcel Number 05247-002-000.
Parker Road COD (Community Development District)
A request by Oakmont of Gainesvile, LLP, to establish the Parker Road Community Development District on approximately 556
·acres, bordered on the west by SW 122nd Street and on the north bv SW 24th Avenue, on Tax Parcel Number 04427-000-000.
All Interested persons are invited to attend and be heard. Written comments may be filed \Yilh the Office of Planning and Development for consideraUon. In addition to any other_ commenis, Interested persons are invited to submit comments on whether the proposal will have a significant impact on the cost of housing.
All persons are advised that, if they decide to appeal any decision made at this public hearing or meeting, they will need a record of the proceedings and, for such purpose, they may need to ensure that a verbatim record of the proceedings Is made, which record Includes the testimony and evidence upon which the appeal Is to be based.
If any accommodations are needed for persons with disabilllles, please contact the Alachua County Equal Opportunity Office at (352) 374-5275 (voice) dr (352) 374-52B4 (TDD).
General Information: Staff Reports on the above zoning items will be available on Friday of the week preceding the meeting at the Office of Planning and Development:
10-300 S. W. 2ndAvenue Gainesville, FL 32601
For further information call (352) 374-5249.

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Date ,
The Cit) acceptin Voluntai Monday will be a 30, 200t
Forms·a either at Commu Departrr by mail. to conta, to obtait applicat
Applica enclave Adjustn Statutes since tfo applicat waivers

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STATE OF FLORIDA DEPARTMENT OF STATE
Division of Library and Information Services

I, SUE M. COBB, Secretary ofState of the State ofFlorida. do hereby certify that the above and foregoing is a true and correct copy of Alachua County Ordinance No. 06- 10, which was filed in this office on �June 1, 2006, together with a corrected copy including Exhibit A, which was received in this office on June 7, 2006, pursuant to the provisions ofSection 125.66, Florida Statutes, as shown by the records of this office.

Given under my hand and'the Great Seal of the State of Florida
at Tallahassee, the Capitol, this the 26th. day or Julyt A,n., 2006.

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Secretary of State