HomeMy WebLinkAbout2007 01 22 Regular 301 Am South Bank Final Engineering
CITY COMMISSION
AGENDA
January 22. 2007
Meeting
Regular
ITEM 301
MGR.
Dept.
REQUEST:
The Community Development Department requests the City Commission consider the final
engineering/site plan for the AMSouth Bank, located on a commercial out-parcel ofthe
Parkstone Planned Unit Development (PUD), at the north east comer of SR 434 and Parkstone
Boulevard.
PURPOSE:
To review the Final Engineering/Site Plan and make a determination regarding the development
of the 1.7 acre commercial site as a 3,820 SF bank building with 5 drive-thru aisles.
APPLICABLE LAW:
Comprehensive Plan
Chapter 5 (Code), Tree Protection and Preservation.
Chapter 9 (Code). Land Development.
Chapter 20 (Code). Zoning.
CONSIDERATIONS:
OVERVIEW: The site has a Commercial future land use designagion (FLU), is located within
the Parkstone PUD (has PUD zoning), and is also located within and subject to the regulations of
the SR 434 New Development Overlay Zoning District (sections 20-463 through 20-474). A
drive-thru bank is an allowable use on this site. The site was planned as a commercial out-
parcel, with direct vehicular access to and from both SR 434 and Parkstone Boulevard.
PARKING: The site is planned with 28 standard 10' x 20' parking spaces and 2 HC accessible
spaces, in lieu of the 13 overall (1 HC) required.
LANDSCAPING: The Final Engineering/Site Plan contains a landscape plan that, in
conjunction with the existing 6' tall brick wall, will buffer the commercial activities from the
January 22, 2007
Regular Item 301
Page 2 of 3
adjacent residences with shrubs and canopy trees. The residences adjacent to the east side of the
site are particularly buffered by multiple rows of canopy trees. Root barriers are proposed
adjacent to walls and pavement to prevent damage to the structures.
ACCESS & TRAFFIC: The site is proposed with vehicular access to and from both SR 434 and
Parkstone Boulevard. The PUD master plan depicts both access points and the FDOT finds this
acceptable. Both the applicant and (at least some of) the adjacent residents support having SR
434 ingress and egress. In light of the City Commission's decision to eliminate the non-
emergency ingress and egress across the Cross Seminole Trail at the southwest comer of the
nearby Landings at Parkstone (town-home development at the northwest comer of the SR 434
and Parkstone Boulevard), City staff has recommended that the non-emergency SR 434
ingress/egress be eliminated to minimize potential conflicts between automobiles and trail traffic.
To buttress the argument, staff cites Future Land Use Element Policy 1.6.1, which states "Curb-
cuts and points of access to the traffic circulation system from individual parcels shall be
minimized. "
The applicant has submitted a traffic study that has been determined acceptable by the City
Engineer. No additional off-site or on-site improvements are deemed necessary.
UTILITIES: Dumpsters, transformers, backflow preventers, HV AC equipment, and other
utility items, as well as storage facilities must be adequately screened from public ROWs,
pursuant to Section 20-473. Provision of any utility features not depicted on these plans must be
adequately screened before a certificate of occupancy will be issued. Down-spouts must not
drain onto a sidewalk. All on-site utilities must be installed underground, pursuant to Section 20-
471.
Storm-water management for the site was master planned off-site as part of the overall PUD
plan. Therefore, no on-site storm-water pond is required.
FINDINGS:
1. The AMSouth Bank site is located at the northeast comer of the intersection of SR 434
and Parkstone Boulevard, within both the Commercial portion of the Parkstone PUD and within
the SR 434 New Development Overlay Zoning District.
2. The site has a Commercial future land use designation.
3. The AMSouth final engineering/site plan is consistent with the Comprehensive Plan.
4. Subsection 20-470 (2) (b) of the City Code requires ground-mounted single-tenant signs
within the SR 434 New Development Overlay Zoning District to be located no closer than 15
feet from the front, side or rear property lines.
2
January 22, 2007
Regular Item 301
Page 3 of 3
P&Z ACTION: At its regularly scheduled meeting of January 3,2007, the Planning and
Zoning Board recommended 4-1 to recommend the final engineering plan be approved, subject to
(1) eliminating the curb-cut onto SR 434 and (2) moving the ground-mounted single tenant sign
at least 15 feet from the property line.
RECOMMENDATION: The Planning and Zoning Board and Staff recommend
approval of the AMSouth Bank final engineering/site plan, subject to (1) eliminating the curb-cut
onto SR 434 and (2) moving the ground mounted single-tenant sign to at least 15' from the
property line.
ATTACHMENTS:
A Location map
B Application & supporting materials
C Draft P &Z minutes
D Final engineering and landscape plans for Phase I
P&ZACTION:
3
ATTACHMENT A
Northen Boundary
NOTES:
1 MILE
Municipal Address Map Book
PRINTED: REVISED:
Apr 2005 1:
City of Winter Springs, FL
CITY OF WINTER SPRINGS
ATTACHMENT B
COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAD 434
WINTER SPRINGS, FL 32708 -RECEIVED
407-327-5966
FAX:407-32.7-6695 OCT 1728
CITY OF WINTER SPRINGS
Licensing
APPLICATION FOR SITE PLAN REVIEW
PRELIMINARY Site Plan
o FINAL Site Plan
o COMBINED PRELIMINARY I FINAL
o Site Plan Sales Trailer
o RESUBMITTAL
APPLICANT:
MAILING ADDRESS:
PHONE & EMAIL:
Last First
RHODES HEIDI M
933 LEE ROAD
ORLANDO FL 32810
407-645-5008 NRHODES@INTERPLANORLANDO.COM
HARRIS GREGORY AMSOUTH BANK
8000 GALLERIA TOWER SUITE 1600
BIRMINGHAM AL 35244
205-739-2484
AMSOUTH BANK
NEC OF SR 434 AND PARKSTONE BLVD
35-20-30-5PH-0D00-0000
COMMERCIAL
- RECEIVED
OCT I 7 2006
CITY OF, WINTER SPRINGS
Permitting & Licensing
The PLANNING & ZONING BOARD shall review Site Plan Applications and make a written recommendation to the
City Commission. The CITY COMMISSION shall render all final decisions regarding Preliminary and Final
Engineering Plans and may impose reasonable conditions on any approved plans to the extent deemed necessary and
relevant to ensure compliance with applicable criteria and other applicable provisions of the City Code and
Comprehensive Plan. All formal decisions shall be based on the applicable criteria as set forth in the City's Code of
Ordinances Chapter 9, Land Development and Chapter 20, Zoning.
APPLICANTS are advised, that if they decide to appeal any decisions made at the meetings or hearings, with respect
to any matter considered at the meetings or hearings, they will need a record of the proceedings and, for such purposes,
they will need to insure that a verbatim record of the proceedings is made, at their cost, which includes the testimony
and evidence upon which the appeal is to be based, per 286.0105, Florida Statutes.
THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION:
)( A copy of a recent SURVEY of the subject property.
l' A copy of the LEGAL DESCRIPTION.
TREE SURVEY. Trees with a caliper of 4" or greater, shall be included. Trees with a caliper
of 24" or greater, require approval of City Commission for removal and shall be highlighted.
(Caliper is to be measured at 12" from the soillevel.); For TREE REMOVAL MITIGATION,
see Chapter 5 Tree Protection and Preservation.
Notarized AUTHORIZATION of the Owner,
IF the Applicant is other than the Owner or Attorney for the Owner (see following page).
X SUBMITTED DRAWINGS are to be "D"-size drawings (24"x36"):
--:::!>For Staff review: Twelve (12) copies, folded;
For Planning & Zoning Board: Ten (10) copies, folded;
For City Commission: Twenty (20) copies, folded plus one (1) pdf electronic copy.
X APPLICATION FEES:
FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION,
and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be .
required in connection with the review, inspection or approval of any development (based on accounting
submitted by the City's Consultant) , payable prior to approval of the pertinent stage of development.
RESIDENTIAL SITE PLAN
PRELIMINARY SITE PLAN Engineering (includes 2 reviews)
FINAL SITE PLAN Engineering Plans (includes 2 reviews)
COMBINED PRELIMINARY/FINAL (includes 4 reviews)
$1000 + $5/unit
$1000 + $5/unit
$2000 + $10/un
-------------------------------------------------------------------------------
NON-RESIDENTIAL SITE PLAN
PRELIMINARY SITE PLAN Engineering (inc. 2 reviews)
FINAL SITE PLAN Engineering Plans (includes 2 reviews)
COMBINED PRELIMINARY/FINAL (includes 4 reviews)
$1000
$2500
$3500
-------------------------------------------------------------------------------------------------------
SALES TRAILER SITE PLAN
$200
-------------------------------------------------------------------------------------------------------
RESUBMITTAL (each review)
$500
-------------------------------------------------------------------------------------------------------
TOTAL DUE
2
March 2005
AmSouth Bank
Post Office Box 11007
Birmingham, Alabama 35288
(205) 326-5120
RECEIVED
OCT 1 7 2008
CITY OF WINTER SPRINGS
Permitting & Licensing
AMSou1H@
August 14, 2006
Reference:
AmSouth Bank Name
AmSouth ID #
Interplan#
~ S'
2.. fCe ~~~
2.OOlJJ e oaqg
To Whom It May Concern:
Please accept this letter as authorization for Interplan, LLC or one of their agents to act
on behalf of AmSouth Bank regarding correspondence and representation of all
approval and permitting matters required for the AmSouth Bank Project referenced
above. If you have questions, please contact me at 205-739-2477.
Sincerely,
STATE OF ALABAMA
COUNTY OF JEFFERSON
Before me personally appeared Gregory Y. Harris who being duly sworn, swears and
affirms that the above information is true to the best of his/her knowledge.
Signed and sworn before me this 14th day of August, 2006, who I personally know.
~;e~~
.-- LaTalhla Monlqut Clay
~
* Bond No. 68946943N
"Olary Public for the Slate of Alabama
~ - Commission &pIres: February 18, 2008
INTERPLAN
933 LEE ROAD, FIRST FLOOR
ORLANDO. FL 32810
PH 407.645.5008
FX 407.629.9124
RECEIVED
OCT 1 7 2006
CITY OF WINTER SPRINGS
Permitting & licensing
October 11, 2006
City of Winter Springs
11 26 E. SR 434
Winter Springs, FL. 32708
Reference: AmSouth - Winter Springs
N.E.C. of S.R. 434 & Parkstone Blvd.
Winter Springs, FL
IP # 02006.0193
To Whom It May Concern:
The above referenced project consists of a proposed 3,820 SF AmSouth Bank, with its
associated site improvements, located on the Northeast corner of the intersection of SR
434 and Parkstone Blvd. in Winter Springs, FL.
The existing site consists of 1.70 acres of undeveloped land (pervious area). The
proposed site will consist of 0.94 acres of impervious area and 0.76 acres of pervious
area. The proposed development will be included as part of a previously permitted
master stormwater drainage system. The permitted impervious area for the proposed
site is 65% and the proposed impervious area will be 55%.
. .~.-
Rob D. Zeigenfuss, PE.
Director of Civil Engineering
ARCHITECTURE . ENGINEERING . PROJECT MANAGEMENT . INTERIOR DESIGN . AA 003420 . CA 8660
ORLANDO DALLAS CHICAGO ATlANTA
development services for restaurant. retail, hospitality and commercial programs · www.lnterplanorlando.com
· Glacier
Page 1 of2
Heidi Rhodes
From: Blinn, Michael [mblinn@seminolecountyfl.gov]
Sent: Thursday, September 14, 2006 3:04 PM
To: Heidi Rhodes
Subject: RE: Cross Seminole Train
Attachments: UnkTo_ped_bike_crashes.pdf
Heidi,
Per our discussion regarding pedestrian and bike crashes near the trails around Winter Springs. As you
can see there are no pedestrian or bike crashes near Tuskawilla Rd and State Road 434. The time
frame that I looked up was April 2002 to July 2006. If you have any questions or comments please feel
free to call me at 407-665-5699. I am also attaching a small map of the area.
Thanks
Mike Blinn
Seminole County Traffic
407 -665-5699
From: Heidi Rhodes [mailto:HRhodes@interplanorlando.com]
Sent: Monday, September 11, 2006 2:45 PM
To: Blinn, Michael
Subject: Cross Seminole Train
Heidi Rhodes
Permit Coordinator
12/5/2006
Seminole county
ATTACHMENT C
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - JANUARY 3, 2007
PAGE 3 OF 9
Chairperson Karr opened the "Public Input" portion of this Agenda Item.
No one spoke.
Chairperson Karr closed the "Public Input" portion of this Agenda Item.
"I WOULD LIKE TO MAKE A MOTION THAT THE P AND Z (pLANNING
AND ZONING BOARD) RECOMMEND TO THE CITY COMMISSION
APPROVAL OF THE PROPOSED PUD (PLANNED UNIT DEVELOPMENT)
AMENDMENT, SUBJECT TO THE APPLICANT DEMONSTRATING THAT
THE WETLANDS DEPICTED WITHIN 15.1 ACRES HAVE BEEN MITIGATED
THROUGH THE APPROPRIATE AGENCY AND THAT UPLAND BUFFERS
HAVE BEEN PREVIOUSLY APPROVED FOR THE SITE. OTHERWISE, THE
APPLICANT MUST PRESERVE WETLANDS AND PROVIDE THE TWENTY
FIVE FOOT (25') MINIMUM UPLAND BUFFER OR MITIGATE FOR THE
WETLANDS WITHIN THE FIFTEEN (15) ACRES THROUGH THE
SUBDIVISION PROCESS AND ALSO THE FINDINGS, THE THREE (3)
FINDINGS SUBMITTED BY THE CITY." MOTION BY ADVISORY BOARD
MEMBER BROWN. SECONDED BY ADVISORY BOARD MEMBER POE.
DISCUSSION.
VOTE:
BOARD MEMBER RYSER: AYE
VICE CHAIRPERSON TILLIS: AYE
BOARD MEMBER POE: AYE
BOARD MEMBER BROWN: AYE
CHAIRPERSON KARR: AYE
MOTION CARRIED.
REGULAR AGENDA
REGULAR
300. Community Development Department
Requests The Planning And Zoning Board Consider The Final Engineering/Site
Plan For The AmSouth Bank, Located On A Commercial Out-Parcel Of The
Parkstone Planned Unit Development (PUD), At The North East Corner Of SR
(State Road) 434 And Parkstone Boulevard.
Mr. Baker presented this Agenda Item and said, "There are some access and traffic
issues. The Applicant and the neighbors want to have the access to and from [State
Road] 434 and the City is saying we really would prefer not to have that."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - JANUARY 3, 2007
PAGE 4 OF 9
Mr. Brian Fields, P.E., City Engineer, Public Works Department spoke about this project
and safety concerns.
Mr. Gregory Neblock, Architect, Interplan LLC, 933 Lee Road, Orlando, Florida: spoke
in favor of this Agenda Item.
Mr. Jimmie Nelson, 631 Blenheim Loop, Winter Springs, Florida: representing the
Parkstone Community Homeowner's Association and is in favor of the AmSouth project,
but has concerns on the impact of traffic on Parkstone Boulevard. Mr. Nelson is also in
favor of the State Road 434 entrance.
Mr. Baker said, "Staff does recommend Approval subject to eliminating the curb cut onto
[State Road] 434. There is only one (1) thing that we found on the Site Plan that does not
meet Code and would need to be changed. Right about here, they have a monument sign
located about three and a half feet (3W) from the property line and the Code requires that
to be located at least fifteen feet (15') from the property line."
Tape l/Side B
Mr. Fields spoke about the Traffic circulation.
Discussion.
Mr. Fields referred to the Comprehensive Plan Policy 1.6.1.
Further discussion ensued regarding this Parcel.
"I MOVE THAT WE (PLANNING AND ZONING BOARD) RECOMMEND
APPROVAL FOR THE AMSOUTH BANK FINAL ENGINEERING/SITE PLAN
SUBJECT TO ELIMINATING THE CURB CUT ON STATE ROAD 434 AS
WELL AS ADDRESSING THE SIGN ISSUE PER CODE." MOTION BY VICE
CHAIRPERSON TILLIS. SECONDED BY ADVISORY BOARD MEMBER
BROWN. DISCUSSION.
VOTE:
BOARDMEMBERBROWN: AYE
CHAIRPERSON KARR: AYE
VICE CHAIRPERSON TILLIS: AYE
BOARD MEMBER POE: NAY
BOARD MEMBER RYSER: AYE
MOTION CARRIED.
RECEIVED
JAN - 8 2007
JOAN BROWN, C.:M./CL/U1/CA/Lk..
CITY. OF WINTER SPRINGS
QF"'CE OF THE CITY CLERK
WITH REGARD TO THE AM SOUTH BANK BEING BUILTIN THE PARKSTONE
PUD, I AM IN SUPPORT OF THE PROJECT AS A WHOLE. MY VOTE AGAINST
THE PROJECT IS BASED ON THE ELILMINATION OF THE CURB CUT ON
STATE ROAD 434. THE-CURB CUT WAS APPROVED BY DOT AND THE
BUILDER WAS WILLING TO BEAR THE EXPENSE OF PROVIDING THE TURN
LANE INTO THE PROPERTY.
THERE HAS BEEN NO RECORD OF ACCIDENTS WHERE A CURB CUT
CROSSES THE TRAIL AND STAFF DID NOT PRESENT ANY DATA THAT
WOULD CAUSE ME TO DENY THE BUILDER illS RIGHT TO THE ACCESS.
NO LEGITIMATE REASON FOR DENYING
1TCJ
..+dL' #/(fJD (jJ fJ-k. tJCj
-r/r 5 ..' (j-dPWlC(;;PB . '(P~ W tyikU1 ,
I ttl .f\)oft. (f\ !to 6 RfT
1753
L(o 1 /uc1
,0. .
. \..'J
RECEIVED
JAN - 3 2007
I, WILLIAM H POE VOTED AGAINST ITEM
300 (AMSOUTH BANK) ELIMINATING THE
CURRENT ONTO STATE ROAD 434 AS DOT
APPROVED THE CURB CUT. I
COULD NOT FIND ANY DATA OR EVIDENCE
THAT WOULD ALLOW ME TO APPROVE THE
REQUEST AS WRITTEN. THE CITY
DESIRED TO ELIMINATE THE CURB CUT
BUT COULD NOT GIVE ME ANY
LEGITIMATE REASON TO APPROVE
THE REQUEST AS WRITTEN.
WILLIAM H. POE
01/03/07
Florida Department of Transportation
JEB BUSH
GOVERNOR
Metro Orlando North
2400 Camp Road
Oviedo, FL 32765
Tefephone (407) 977-6530
Fax (407) 977-6535
DENVER J. STUTLER, JR.
SECRETARY
RECEIVED
JAN 0 5 2007
September 1, 2006
CITY OF WINTER ,SPRINGS
Permitting - Kirsten
Orlando, Florida 32810
RE: AniSouth BanklParkstone, Access Determination Review, SR 434,
Section 77070002, Seminole County.
Dear Ms. Rhodes:
Thank you for the request received 08/31/06 to review the access to the referenced
project.
The site of the proposed bank was reviewed for access when the Parkstone Subdivision
driveway permit application was received on 05/29/1998. A right inlright out driveway
was approved for 1he site at the east end of the property. Our District Traffic Operations
Office required a right turn lane be constructed to serve both the right in/right out
driveway and the entrance to the subdivision. A later review by Traffic Operations
agreed to the phasing of the construction to allow the subdivision entrance and a shorter
right turn lane to be built fIrst.
This property has been considered as an "isolated corner properties" per Rille 14-97 from
the first review. It is based on conflicting land use and traffic volumes/characteristics per
Section 14-97.003 (1) (i).
A driveway will still be allowed by the Department to the site at the previously approved
location. Another Traffic Operations review will be needed when the driveway permit
application is received. Traffic Operations will determine if the earlier right turn lane
requirements will apply to the sites proposed use.
www.dot.state.fl.us
* RECYCLED PAPER
.'
Attached are copies of all the reviews from 1998 and of Rule 14-97.003 (1) (i) for you
use. Should you have any questions please call Mr. Stan Mann at 407-977~6530.
yely, ~.) Af)
~;f.~.
James E. Wood, Jr., P.E.
Maintenance Engineer
Oviedo Maintenance
cc:Mr; Stan Mann
,".:
Chapter 14-97
Page. 4
parallel to a controlled access facility, which has as its purpose the maintenance of local road continility
and provision of access to parcels adjacent to the controlled access facility,
(29) "Significant Change" means a change in the use of the property, including land, structures or
facilities, or an expansion of the size of the structures or facilities causing an increase in the trip
generation of the property, based on the 4th Edition of the Institute of Transportation Engineers "Trip
Generation Manual", incorporated by reference Under Rule 14-96.005, exceeding 25% more trip
generation (either peak hour or daily) and exceeding 100 vehicles per day more than the existing u1;)e.
Where such additional traffic is projected, the property owner is required to contact the permitting
authority to determine if a new permit application and modifications to existing connections will be
required. If the permitting authority determines that the increased traffic generated by the property does
not require modifications to the existing permitted connections, a new permit application shall not be
'reqUired. .
. (30) "State Highway Systeln (SHS)" means the network oflimited access and controlled access
'highways that have been functionally classified and which are under the jurisdiction of the State of
Florida as defined in Section 334,03, Florida Statutes,
(31 ) "Transitioning Urbanizing Area" means the area between the existing Urbanized Area Boundary
and the future projected Urbanized Area Boundary anticipated within the next ~O years as established by
the MPO and the Department. For non-urbanized areas this boundary will be established by the
appropriate local government and the Department. These developing transitional areas will include those
areas with existing population between 5,000 and 49,999. For the purpose of ills rule chapter, this term
is'only applicable for access classification 1 limited access facilities. .
(32) "Traveled Way" means the portion ~froadway for the movement of vehicles, exclusive of
(33) "Urban Area" llleans an area defined by the US Bureau of Census having a population of at least
5,QOO at specific urban densities.
(34) "Urbanized Area" means an area defined by the US Bureau of Census, having a population of at
least 50,000 at specific urban densities. Such designated areas are required by Federal and State law to
have a formal transportation planning process administered by an :MPO. The US Bureau of Census
urbanized area boundary can be modified, subj ect to FHW A regulations for the purpose of the
transportation planning process.
Specific Authority 334.044(2),335.188 FS. Law Implemented 334.044(1 0) (a), 335.188 FS. History-
New 2-13-91.
14-97.003 Access Management Classification System and Standards.
)
(1) The Classification System and Standards. This section provides a seven classification access
management system to be used for all roads on the State Highway System. Single Category I
connections, as defined in Rule Chapter 14-96, with expected peak hour two-way traffic of five vehicles
or less may be exempt from the connection spacing requirements of this rule where the proposed
connection can be shown, as part of the application process, as not creating a safety or operational
hazard. The Department will, to the greatest extent possible, encourage joint use driveways and work
with local governments to ensure individual residential driveways on State Highways are kept to a
minimum. This exemption also means that these minor connections will not be considered in measuring
, ,,9b.apter ,1479:.7 '
.:, . ..~.."
, ")
,the di~tance 'to other connections fat their compliance with the spacing standards. in this rule chapter.
The classification system and standards for each access class are shown on Figures 1 and 2.
FIGURE 1
ACCESS CLASSIFICATION AND STANDARDS LIMITED ACCESS FACILITIES
INTERCHANGES,
ACCESS
CLASS
SEGME.NT LOCATION
APPLICABLE INTERCHANGE
SPACING STANDARD
1
AREA TYPE 1
'CBD & CBD FRINGE FOR CITIES IN URBANIZED
AREAS
AJ{E,:A TYPE 2 , ' , "
EXISTING URBANIZED AREAS OTHER THAN
AREA TYPE 1"" '., ",' , '
AREA TYPE 3 ~'
TRANSITIONING URBANIZED AREAS AND
uRBAN AREAS OTHER 11IAN AREA TYPE 1 OR 2
AREA TYPE 4
RURAL AREAS
1 MILE
,
, 1
2 MILE
1
3 MILES
1
6 :MILES
) F~GURE 2
CONTROLLED ACCESS FACILITIES
MINIMUM
FACILITY DESIGN MINIMUM MEDIAN MEDIAN MINIMUM
, FEATURES (MEDIAN MINIMUM OPENING SPACING OPENING SIGNAL
ACCESS TREATMENT AND CONNECTION DIRECTIONAL SPACING FULL SPACING
CLASS ACCESS ROADS) SPACING (FEET) (FEET) (MILE) (MILE)
2 Restrictive w/access 1320/660 1320' 0.5 0.5
roads
3 Restrictive 660/440 1320' 0.5 0.5
.4 N on-Restrictive 660/440 N/A N/A 0.5
5 Restrictive 440/245 660' 0.5/0.25 0.5/0.25
6 Non-Restrictive 440/245 N/A N/A 0.25
7 Both 125 330' 0.125 0.25
(Greater than 45 :MPH/ Less than or = 45 MPH)
NOTE:
)
* Rules 14-97.003 and 14-97.004, FAC, "Use.of Classification System and Standards", contains supplementary and
more detailed instructions for the use of these standards. ·
httn://infonet.dot.state.fl.us/facchanter14/ch 14-097.h1m
5124/200fl
. Chapter, 14-97
Page 6 of 14
* These minimum spacings may not be adequate if auxiliary lanes and storage are required.
* Single properties with frontages exceeding the minimum spacing criteria may not receive P, ermits for the maximum
number of possible connections.
Interim standards as contained in Rule 14-97.004(1) shall be effective for all segments of the State
Highway System until superseded by an adopted classification of the highway segment into one of the
siX controlled access classifications in this rule chapter. Perinit applications received after adoption of
this rule chapter but before the classification of a highway segment is adopted, shall be reviewed for
consistency with the interim standards.
(a) Connection permit applications on controlled access facilities of the State Highway System
receiv~d after that particular segment of highway has been formally classified according to this rule
chapter, shall be reviewed subject to the requirements of this rule chapter pursuant to the permit
application process of Rule Chapter 14-96. '
, (b) For the pmpose of the interim standards and for the assigi:unent of an access classification to a
segment of highway by the Department pUrsliant to Rule 14-97.004, permitted connections and those
unpermitted connections exempted pursuant to Section 335.187(1), Florida Statutes, and exi$ting
median openings, and signals are not required to meet the interim standards or the standards of the
assigned classification. Such features will generally be allowed to remain in place. These features shall
be brought into reasonable conformance with the standards of the assigned classification or the interim
~dards where new connection perinits are granted for significant changes in property lise, or as
,~ltill!g~s to the roadway design allow. Applicants issued perinits based on the interim standards as set
forth in Ru1e 14-97.004 shall not have to reapply for a new permit after formal classification of the
roadway segment unless significant change pursuant to Rule Chapter 14-96 and Rule 14-97.002 has
occurred.
)
(c) A property that cannot be permitted access consistent with the interim standards as set forth in
Rule 14-97.004 or connection spacing standards of the classification assigned to that particu1ar segment
of highway and which has no reasonable access to the State Highway System, either directly or
indirectly, as determined pursuant to the connection perinit process, as defmed in Rule Chapter 14-96,
shall be issued a conforming permit by the Department or permitting authority for a single connection
pursuant to Rule Chapter 14-96. If additional connections are requested and approved they shall be
considered non-conforming and shall contain restrictions pursuant to Rule Chapter 14-96.
(d) Access class standards represent minimums for each access class. A more detailed, segment
specific classification may be enacted by the Departme~t in cooperation with the appropriate local
government entities through the adoption of individual Corridor Access Management Plans pursuant to
Rule 14-97.004 (5).
(e) The minimum connection and median opening spacings specified in this rule may not be adequate
in some cases. Greater distances between connections and median openings may be required by the
Perinitting Authority to provide sufficient site-specific traffic operations and safety requirements. In
such instances, the Permitting Authority shall document, as part of the response to an application
submitted pursuant to Rule Chapter 14-96, ajustification based on traffic engineering principles as to
why such greater distances are required.
) (f) When a full median opening or non-restrictive median is reconstructed by the Department to allow
for opposing left or V-turns only, these openings shall be considered as one opening.
httn://infonet.dot.state.fl. us/facchanter 14/ ch 14-097 .htm
5/24/2006
Chapter 14-97
Page 7 of 14,
.(g) Adjacent properties under the same ownership shall not be considered as separate properties for
- the.purpose of the standards associated with the access class 6fthe highway segment but shall be
. deemed to be one parcel. Applicants requesting connections for one or more adjacent properties under
the same ownership may, however, as a part of the permit application process, request that the properties
be considered individually for connection permitting purposes. Such requests shall be included as part of
the permit application and shall provide specific analyses and justification of potential safety and
operational hazards, associated with the compatibility of the volume, type or characteristics of the traffic
using the connection. Such properties and single ownership properties with frontage exceeding the
minimum standards of the assigned access class may not be permitted, pursuant to the permit application
process in Rule Chapter 14-96, the maximum number of connections, median openings, or signals
possible based on the spacing standards. The total number' of connections permitted will be the
minimum number necessary to provide reasonable access. Lease hold interests existing prior to the
effective date of this rule chapter or a bonafide contract for sale shall be considered as separate
. ownership from the parent tract for the purpose of this rule chapter.
(h) The speed criteria referred to in Figure 2, Controlled Access Facilities, and in the interim
standards means the speed limit posted for the highway segment at the time of the highway access
classification designation. .
,-;~) ,
. '-!iY Comer clearances for connections shall meet or exceed the minimum connection spacing
reqUirements for t.1.e h"'1terhl1 standards or for access classifications 2 through 7 where the roadway
segment has been assigned a classification. However, a single connection may be placed closer to the
intersection for the circumstances set forth in Rule Sections 14-97.003 (l)(i) 1.,2., and 3., and pursuant
to the permit application process of Rule Chapter 14-96.
) 1. If, due to property size, comer clearance standards of this Rule Chapter cannot be met, and where
jo.int.ac.c~-whiG-h--meet-s .oTg.xG-~~ds.:1he.:applie-ablfr-mi-ni-rm-lm-cemer .ffiefl:mnee::staneafdSc:eA:t-l-not-be-~~-
obtained with a neighboring property or in the determination of the permitting authority, is not feasible
based on conflicting land use or conflicting traffic volumes/characteristics, then the following minimum
comer clearance measurements can be used to permit connections. Such properties, for the purpose of
this rule chapter will be called "isolated comer properties".
2. In cases where connections are permitted under the criteria of the following minimum comer
measurements, the permit will contain the following additional conditions:
a. There will be no more than one connection per state road frontage.
b. Whenjoint or alternate access which meets or exceeds the applicable minimum comer clearance
becomes available, the permittee will close the permitted connection, unless the permittee shows that
such closure is not feasible because of conflicting land use or conflicting traffic volumes/characteristics
or existing structures which preclude a change in the existing connection.
3. The minimum comer clearance measurements for these isolated comer properties set forth in 1.
above, shall be used for isolated comer properties, as defmed in this section, classes 3 through 7,
inclusive, defined in Rule 14-97.003(2) and the interim standards defined in Rule 14-97.004(1).
4. Comer Clearances for "isolated comer properties" are as follows:
http://infonet.dot.state.fl.us/facchapter14/ch14-097.htm
5/24/2006
FLORIDA DEPARTMENT OF TRANSPORTATION
JEB BUSH
GOVERNOR
OVIEDO MAlNTENANE 2400 Camp Road. Oviedo, Florida 32765-9417
Thomas F. Barry Jr.
SECRETARY
January 11,1999
Mr. Greg Lepera
Centex Homes
151Southhand Lane, Suite 230
Maitland F132751-7190
Re: Parkstone-Pud, Connection Permit 98A593-18, SR 434, Section 77070, Seminole County.
Dear Mr. Lepera:
The latest plans for this project received 12-15-98 have been reviewed by this office and our
District Traffic Operations Office. It was agreed to allow this project to be phased with the
subdivision going first. Attached are marked plan copies of a few necessary revisions that need
to be made.
Please submit for signed & sealed copies of revised sheet 6A for final review. Should you have
any questions call me at (407) 977-6549.
Sincerely,
Stann Mann
Permit Engineer
cc: D. Kelly
ST:ma
1~1
DONALD W. .McINTOSH
Associates, Inc.
December 15, 1998
Mr. Stan Mann, Permit Engineer
Florida Department of Transportation
2400 Camp Road
Oviedo, FL 32765
Re: Parkstone PUD
FDOT.Driveway Connection Perniit .
Application 98A593-18
Dear Stan:
CML ENGINEERS In accordance with our conversations, attached are four sets of the revised permit drawings for
the turn lanes, per your requirements, and four signed permit applications..
LAND PLANNERS We will provide the legal documentation for the Seminole County-Ceunty.. .erossmgand . the
performance bond as soon as they are available.
SURVEYORS We trust this data, coupled with the remaining two items above, completes the permit
application and allows permit Issuance.
Very truly yours,
DONALD W. MCINTOSH ASSOCIATES, INC.
David M. Kelly, PE
Project Manager
DMK/cp
c: Mr. Greg LePera
Mr. Donald W. McIntosh, Jr.
2200 Park Ave. North
Winter Park, FL
32788-2355
Fax 407-644-8318
407-644-4068
FUTURE COMMERCIAL
CITY OF WINTER SPRINGS ZONED C - 2
LAND USE: VACANT
SEMINOLE COUNTY
ZONED A-1
LAND USE: CONSERVATION
. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PROPOSED STATE HIGHWAY ACCESS CONNECTION
NOTICE OFINTENT TO ISSUE PERMIT
FORM 850
SYSTEMS
11/93
Page 1 of 4
NOTE: THIS NOTICE OF IS ONLY VALID FOR YEAR FROM SIGNING DATE IN PART 6
APPLICATION NUMBER: 98A593-18
Project Name: Parkstone Pud
State Road Name Number: 434
Section Number: 77070002
:Maintenance Office: OViedo I Stan Mann
Permit Staff Representative
Applicant: Centex Homes
(Responsible Officer): Gre!! LePera
Mailing Address: 151 SouthhalI Lane. Suite 230. Maitland. Florida 32751-7190
Street City State Zip
Telephone: ( 407 )661-2150
YOU ARE HEREBY ADVISED:
The Florida Department of Transportation has completed its review of the subject connection permit
Application received OS/29/98 for consistency with Ru1e Chapter 14-96, Ru1e Chapter 14-
97, and current Department spacing, location and design criteria and hereby issues this "Notice of Intent"
to:
Issue the subject permit consistent with the permit Application.
X Issue the subject pe11l)it consistent with the permit ApplicatiQfi and subject to the attached
Provisions .
This notice of intent to issue a permit does NOT constitute Department permit issuance. The permit will be
issued after the permittee shows proof that a valid local government development approval or development
order has been given to the sites served by the connection and special provisions of the approval consistent
with the permit applications and conditions previously noted.
No connection work on the right-of-way shall be initiated until the Department Permit IS actually issued.
Any changes to the site(s) plan will requIre re-evaluation of the connection(s). This notice IS only valid one
year from the date of issuance and can only be extended with approval by the Department for problems
outside the control of the applicant pursuant to Rule 14-96: This Notice of Intent IS transferable as
specified only in Rule 14-96, FAC.
Continued next page
FORM 850-040-24
SYSTEM PLANNING
11/93.
Page 2 of 4
Conditions to be met before Permit will be issued:
Standard:
1. Development approval from the appropriate local government consistent with the Nonce ()fIntent to Permit;
2. Assurance of performance pursuant to Section 334.187 Florida Statutes (if required)
3. Notification of all known right of way users affected by the connection(s)
4. Compliance with drainage re<j1litemep.tS in Administrative Rille 14~~6 F.A.C.
Special :
A review by our District Traffic Ope~ations office identified the need for right turn lanes for this p~oject and ~e future
cominercial developments. Acc~s to 434 was revjewed for the total build out of the project. 0 Note tlJ,at the western
commercial driveways right turn lane would place the curb and sidewalk: off SR 434 r/w onto the old r/r r/w now owned by
the FDEP and may be sublet to Seminole County for trail construction.
The applicant must provide proof that the three (3)crossings of the DEP controlled r/w is approved as technically this site
is not an abutting property. See the attached copies of rille 14-96 sections that cover this area.
The applicant is responsible for the transfer of ownership of the needed rlw per FDOT design criteria from FDEP to FDOT
along the western right turn lane.
Any additional access to the commercial areas will only be generated internally, no additional access to SR 434 allowed.
Traffic Sinal System Stipillation:
It is hereby stipulated that should a traffic signal system be deemed warranted by the FDOT and/or the City of Winter
Springs, it shall be the responsibility of the Permittee to provide the required reproducible plans (subject to approval) and a
Resolution from the appropriate City of Winter Springs authority agreeing to the installation of and to the maintenance in
perpetuity of said signal system. It shall be the reponsibility of the Permittee to supply the specified signal system
components and installation costs.
- Submit four (4) sets of plans revised per the attached sketch.
- Submit two. (2) site plans and drainage calculations, signed and sealed, for a drainage permit determination to:
Patrick McConaghy
Asst. District Drainage Permit Engineer
Fifth District Office J
719 S. Woodland Blvd.
Deland, FL 32720-6800
(904)943-5297
- Standard conditions 1,2, and 4 apply.
- Assurance of Performance required per rule 14-96.008(3), copy attached.
- Proof of Contractors Liability Insurance required per rule 14-96.007.(5)(6), copy attached.
- Sign and return the attached foUr (4) copies of the Driveway Connection forms, complete part 6. - (.oT \ 1. - ) 5.q~
Use additional sheet if necessary
PERMIT ROUTING SHEET
RECEIVED OVIEDO MAINTENANCE 98 JUN 19
DATE: 6-8-98
SUBJECT: . Section No:77070 SR NO.: 434
Permit No:98A593-18 Milepost: 0.485-0.679
Applicant or Project Name: Centex Homes
Date Received by Local Maintenance: S -29-98
Design or project Management
x Traffic operations
other:
Roadway construction is proposed or under way NO
W.P.I. Number
COMMENTS FROM LOCAL GOVERNMENT: FINAL PLANS NOT
APPROVED YET, CITY WANTS A EMERGENCY ACCESS DRIVE
AT WEST END OF PROJECT IN CASE MAIN ENTRANCE IS
BLOCKED. MC INTOSH WORKING ON IT.
SIGNATURE: DON LE BLANC/WINTER SPRINGS
RECOMMENDATIONS FROM LOCAL MAINTENANCE: THIS WAS LOOKED
AT YEARS AGO CONCEPTUALLY; ACCESS TO SUBDIVION IS OK.
THE FUTURE COMMERCIAL PARCELS MAY
BE A PROBLEM, 434 IS CLASS 3, 50 MPH SPEED LIMIT,
660' SPACING. THE WEST DRIVE HAS 700' SPACING,
IT'S OK BUT THE EAST ONE IS 290'. WILL THEY GET
A DRIVE BY CLAIMING IT TO BE A ISOLATED CORNER
PROPERTY? WILL HAVE TO LOOK AT THIS ONE
AGAIN WHEN THE CITY GETS SETTLED ON THE
EMERGENCY DRIVE ISSUE.
SIGNATURE:
OTHER COMMENTS AND RECOMMENDATIONS
TRAFFIC OPERATIONS: APPROVAL PER THE ATTACHED. 4'
SHOULDER NEEDS TO BE MAINTAINED. ALSO, PERMIT FOR ENTIRE SITE
NEEDS TO STIPULATION (CONDITION) THAT ALL ADDITIONAL
ACCESS TO COMMERCIAL AREAS WILL ONLY BE GENERATED
INTERNALLY. NO ADDITIONAL ACCESS ON SR 434 IS
NECESSARY.
SIGNATURE: JAMES E. WOOD JR 18 JUNE 98
PNE1
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
ACCESS AND TUILITY EASEMENT
EASEMENT NUMBER 30149
THIS INDENTURE, IS MADE AND ENTERED INTO THIS 17TH DAY
OF DECEMBER, 1998 BETWEEN THE BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, ACTING
PURSUANT TO ITS AUTHORITY SET FORTH IN SECTION 253.03, FLORIDA
STATUTES, HEREINAFTER REFERRED TO AS 'GRANTOR' AND LEFFLER
COMPANY, A FLORIDA CORPORATION, ITS SUCCESSORS AND ASSIGNS,
HEREINAFTER REFERRED TO AS "GRANTEE'.
WHEREAS, GRANTOR IS THE OWNER OF THE REAL PROPERTY DESCRIBED
IN EXHIBIT "A" BELOW (THE "SERVIENT TENEMENT") WHICH IS MANAGED BY
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, OFFICE OF
GREENWAYS AND TRAILS UNDER LEASE NUMBER 4147 ("MANAGING AGENCY"):
AND
WHEREAS, GRANTEE DESIRES AN EASEMENT ACROSS SAID SERVIENT
TENEMENT FOR PUBLIC AND PRIVATE ACCESS AND PUBLIC AND PRIVATE
UTILITY SERVICES.
NOW THEREFORE, GRANTOR, FOR AND INCONSIDERATION OF MUTUAL
COVENANTS AND AGREEMENTS HEREINAFTER CONTAINED, HAS GRANTED AND
BY THESE PRESENTS DOES GRANT UNTO GRANTEE, FOR THE USE AND
BENEFIT OF AND APPURTENANT TO THE LANDS OF GRANTEE (THE "DOMINANT
TENEMENT") DESCRIBED IN THAT CERTAIN WARRANTY DEED DATED
FEBRUARY 24, 1959, BY AND BETWEEN CHASE & COMPANY, A FLORIDA
CORPORATION, AND LEFFLER COMPANY, A FLORIDA CORPORATION, RECORDED
FEBRUARY 24, 1959, IN OFFICIAL RECORDS BOOK 213, PAGE 135, PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA, A NON EXCLUSIVE EASEMENT
UNTO GRANTEE OVER AND ACROSS THE FOLLOWING DESCRIBED REAL
PROPERTY IN SEMINOLE COUNTY, FLORIDA, TO WIT:
(SEE EXHIBIT "A" ATTACHED)
SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
1. DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities and
obligations herein shall be exercised by the Division of State
Lands, Department of Environmental Protection.
2. TITLE DISCLAIMER: GRANTOR does not warrant or guarantee any
title, right or interest in or to the property described in
Exhibit "A" attached hereto.
3. TERM: GRANTOR does hereby grant to the GRANTEE an easement
for as long as the easement is used and maintained for public and
private access and public and private utilities. If GRANTEE, its
successors or assigns cease to use this easement for all of the
permitted uses for a continuous and uninterrupted period of one
year, all of the privileges hereby granted will expire and become
null and void.
4. USE OF PROPERTY AND UNDUE WASTE: This easement shall be
limited to public and private access and public and private
utility services, upon, under, over and across the property
described in Exhibit "A" during the term of this easement. This
easement shall be non-exclusive. GRANTOR retains the right to
engage in any activities on, over, below, or across the easement
area which do not unreasonably interfere with GRANTEE'S use of
this easement and further retains the right to grant compatible
uses to third parties during the term of this easement.
GRANTEE shall dispose of, to the reasonable satisfaction of
GRANTOR, all brush and refuse resulting from the clearing of the
land for the uses authorized hereunder. If timber is removed in
connection with clearing this easement, the net proceeds derived
from the sale of such timber shall accrue to GRANTOR. GRANTEE
shall take all reasonable precautions to control soil erosion and
to prevent "any other degradation of the real property described
in Exhibit "A" during the term of this easement. GRANTEE shall
not remove water from any source on this easement including, but
not limited to, a water course, reservoir, spring, or well,
Page 2 of 11
Easement No. 30149
without the prior written approval of GRANTOR. GRANTEE shall
clear, remove, and pick up all debris including, but not limited
to" containors, papers, discarded tools, and trash foreign to the
work locations and dispose of the same in a satisfactory manner
as to leave the work locations clean and free of any such debris.
GRANTEE, its agents, successors, or assigns, shall not dispose of
any contaminants including, but not limited to, hazardous or
toxic substances, petroleum, fuel oil, or petroleum by-products,
chemicals, or other agents produced or used in GRANTEE'S
operations on this easement or on any adjacent state land or in
any manner not permitted by law. GRANTEE shall be liable for all
costs associated with any cleanup of the subject property which
is a result of GRANTEE'S operations and use of the subject
property.
Upon termination or expiration of this easement GRANTEE
shall restore the lands over which this easement is granted to
substantially the same 'condition it was upon the effective date
of this easement. GRANTEE' agrees that upon terminat10n or
expiration of this easement all authorization granted hereunder
shall cease and terminate.
It the lands described in Exhibit "A" are under lease to
another agency, GRANTEE shall obtain the consent of such agency
prior to engaging in any use of the real property authorized
herein.
-
5. RIGHT OF INSPECTION: GRANTOR or its duly authorized agents,
representatives, or employees shall have the right at any and all
times to inspect this easement and the works and operations of
GRANTEE in any matter pertaining to this easement.
6. BINDING EFFECT AND ,INUREMENT: This easement shall be
binding on and shall inure to the benefit of the heirs,
executors, administrators, and assigns of the parties hereto.
7. NON-DISCRIMINATION: GRANTEE shall not discriminate against
Page 3 of 11
Easement No. 30149
any individual because of that individual's race, color,
religion, sex, national origin, age, handicaps, or marital status
with respect to any activity occurring within or associated with
this easement.
8. INDEMNITY: GRANTEE hereby covenants and agrees to
investigate all claims of every nature at its own expense, and to
indemnify,. protect, defend, save, and hold harmless GRANTOR and
the State of Florida from any and all claims, actions, lawsuits,
and demands of any kind or nature arising out of the use of this
easement.
9. COMPLIANCE WITH LAWS: GRANTEE agrees. that the use of this
easement is contingent upon and subject to GRANTEE obtaini~g all
applicable permits and complying with all aPPlicable permits,
regulations, ordinances, rules, and laws of the State of Florida
or the United States or of any political subdivision or agency of
either.
10. VENUE PRIVILEGES: GRANTOR and GRANTEE agree that GRANTOR
has venue privilege as to any litigation arising from matters
relating to this'easement. Any such litigation between GRANTOR
and GRANTEE, with the exception of any action which can only be
inititaed in Seminole County, Florida, shall be initiated and
maintained only in Leon County, Florida.
11. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this
easement in no way affects any of the pareles' obligations
pursuant to Chapter 267, Florida Statutes. The collection of
artifacts or the disturbance of archaeological and historic sites
on state-owned lands is prohibited unless prior authorization has
been obtained from the Department of State, Division of
Historical Resources.
12. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title
to the lands underlying this easement is held by GRANTOR.
GRANTEE shall not do or permit anything to be done which purports
Page 4 of 11
Easement No. 30149
to create a lien or encumbrance of any nature against the real
property of GRANTOR including, but not limited to, mortgages or
constructio~ liens against the real property described in Exhibit
"A" or a'gainst any interest of GRANTOR ther.ein.
13. PARTIAL INVALIDITY: If any term, covenant, condition, or
provision of this easement shall be ruled by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remainder
shall remain in full force and effect and shall in no way be
affected, impaired, or invalidated.
14. SOVEREIGNTY SUBMERGED LANDS: This easement does not
authorize the use of any lands located waterward of the mean or
ordinary high water line of any lake, river, stream, creek, bay,
estuary, or other 'water body or the waters or the air space
thereabove.
15. ENTIRE UNDERSTANDING: This easement sets forth the entire
understanding between the parties and shall only be amended with
the prior written approval of GRANTOR.
16. TIME: Time is expressly declared to be of the essence of
this easement.
17. ATTORNEYS' FEES: GRANTEE shall pay all costs, charges, and
expenses, including attorneys' fees and appellate attorneys'
fees, in connection with any dispute arising' out of this
easement, including without limitation, any costs and fees
incurred or paid by GRANTOR because of the failure on the part of
GRANTEE to comply with and abide by each and every one of the
stipulations; agreements, covenants, and conditions of this
easement, or incurred by GRANTOR in seeking any re~edy available
to GRANTOR as a result of such failure by GRANTEE.
18. DEFAULT AND FORFEITURE: If GRANTEE defaults in its
obligation to comply with the terms and conditions of this
easement and fails to remedy such default to the satisfaction of
GRANTOR within 30 days after written notice or default has been
Page 5 of 11
Easement No. 30149
mailed to GRANTEE, GRANTOR may terminate this easement.
19 RIGHT OF AUDIT: GRANTEE shall make available to GRANTOR all
financial and other records relating to this easement and GRANTOR
shall have the right to audit such records at any reasonable
time. This right shall be continuous until this easement expires
or is terminated. This easement may be terminated b}i GRANTOR
should .GRANTEE fail to allow public access to all documents,
papers, letters, or other materials made or received in
conjunction with thiseas~ment, pursuant to Chapter 119, Florida
Statutes.
20. PAYMENT OF TAXES AND ASSESSMENTS: GRANTEE shall assume full
responsibility for and shall pay all liabilities that accrue to
the easement area or to the improvements thereon including any
and all drainage and special assessments or taxes of every kind
and all mechanic's or materialman's liens which may be hereafter
lawfully assessed and levied against this easement.
21. REVERSION: This easement is subject to termination and
reversion to GRANTOR when, in the reasonable opinion of. GRANTOR,
this easement is not used tor the. purposes outlined he~ein, and
any costs or expenses arising out of the implementation of this
clause shall be borne completely, 'wholly and entirely by GRANTEE.
22. RECORDING OF EASEMENT: The GRANTEE, at its own expense,
shall record this fully executed easement in its entirety. in the
public records of the county within which the easement site is
located"within fourteen days after receipt, and shall provide to
the GRANTOR within ten days following the recordation a copy of
the recorded easement in its entirety which contains the O.R.
Book and Pages at which the easement is recorded. Failure to
comply with this paragraph shall constitute grounds for immediate
termination of this easement agreement at the option of the
GRANTOR.
23. GOVERNING LAW: This easement shall be governed bY and
Page 6 of 11
Easement No. 30149
interpreted according to the laws of the State of Flprida.
24. SECTION CAPTIONS: articles, subsections, and other captions
contained in this easement are for reference purposes only and
are in no way intended to describe, interpret, define, or limit
the scope, extent, or intent of this easement or any provisions
thereof.
25. SPECIAL CONDITIONS: The following special conditions shall
apply to this easement:
1. GRANTEE .shall not construct any improvements
within the easement area described in Exhibit "A"
which will interfere with the construction and use
of the easement area as a recreational trail.
2. GRANTEE shall be liable for any necessary repairs
required due to damage caused by traffic and.
other related usage of the easement area, and
GRANTEE .shall indemnify, protect, defend, save
and hold harmless GRANTOR and the State of Florida
from any and all claims; actions, lawsuits and
demands of any kind from said damage. .
3. GRANTEE Shall instal lappropriate trail safety
devices and signs alerting both the trail users
and the private road traffic of the existence
of the crossing and how to proceed through the
crossing (i.e., caution, yield, stop, etc.).
All signs shall conform to the federal Manual
Uniform Traffic Control Devices and State of
of Florida and the Traffic Design Standards.
GRANTEE shall coordinate with the Office of
Greenways and Trails, prior to developing final
designs for road crossing, safety devices and
signs. GRANTEE'S final construction plans and
signs shall be approved by the Off~ce of Greenways
Trails.
Page 7 of 11
Easement No. 30149
IN WITNESS WHEREOF, the parties have caused this easement to
be executed the day and year first above written.
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
Witness
Print/Type Witness Name
By:
DANIEL T. CRABB, CHIEF, BUREAU
OF PUBLIC LAND ADMINISTRATION,
DIVISION OF STATE LANDS,
DEPARTMENT OF ENVIRONMENTAL
PROTECTION
"GRANTOR"
Name
STATE OF'FLORIDA
COUNTY OF LEON
The foreqoing instrument was acknowledged before me this
'14th day of December, 1998, by Daniel T. Crabb, as Chief,
Bureau of Public Land Administration, Division of State Lands,
Department of Environmental Protection, as agent for and on
behalf of the Florida Board of Trustees of the Internal
Improvement Trust fund. He is personally known to me.
Notary Public, State of Florida
Gary L Haiser
Commission Number:
Commission Expires:
page 8 of 11
Easement No. 30149
Approved as to Form and Legality
By: k~/... ~
DEP Attar ey
Page 8 of 11
Easement No. 30149
STATE OF FLORIDA .
COUNTY OF SEMINOLE
LEFFLER COMPANY, a Florida corporation
Michael L. Gore
Ken Leffler
Thomas V. Leffler
(CORPORATE SEAL)
"GRANTEE"
The foregoing instrument was acknowledged before me this 17th day of
December, 1998 by Thomas V. Leffler as
President of Leffler Company, a Florida coporation, on behalf of the corporation.
He/she is personally known to me.
Linda J. Boggs
Notary Public State of Florida
Page 9 of 11
Easement No. 30149
Notary Name
Commission Number:
Commission Expires:
LlNDAJ IOCCS
N01'AIrl'llJU::srAD~ R.clIUDA
~NO.CO'J!1U
NYg:Jao(lS5ION IXP. ocr. 7,-
Consented to. by the State of Florida Department of Environmental
Protection, . Office of Greenway.s and Trails on the 14th day of
December 1998
Robin Young
"Managing Agency"
Page 10 of 11
Easement No. 30149
SKETCH OF DESCRIPTION
PARCEL #1
DESCRIPTION:
'Commence of the Southwest corner of Lot 7, Block "0", '0, R,
MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP,
according to the plot thereof as recorded in PIat Book I, Page 5 of the
Public Records o( Seminole Counly, Florida; thence run N 83'.53'03"
along the South line of Lots 6 and 7 of said Block "0" (or 0 distance of
561,8.5 feet; thence run 5 06'06'57" for a distance of 5.00 feet 10 a poinl
on the Norlh Right-o(-Woy line o( Ihe CSXT Railroad os shown on Ihe
right-of-way and tract mop, Lake Charm Branch, Sheet No. V 3D Fl,A 3,
dated .June 30, 1917, said point also being Ihe POINT OF BEGINNING;
thence run N 8J'.5J'OJ" r along said North Right-of-Way line for 0 distance
01 2a20 feet; thence run 5 J9'49'.5J" E for a distance 01 48.09 feet 10 a
point on the South Right-of-Way line 01 said CSXT Railroad; thence run
5 83'53'03" W along said South Right-of-Way line lor 0 distance I 81.70
feet; thence run N 27'43'04" E lor a distance 01 48,15 feet 10 the POINT
OF BEGINNING. .
Lying in Section 36. Township '20 South, Range 30 East,
Containing 0,051 acres (2.19B square feet) more or less and being subject to
any rights-of-way. restrictions and easements of record.
SECTION 35-20-30
SURVEYORS NOTES:
NOT VALID WITHOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
THIS IS NOT A SURVEY.
BEARINGS BASED ON THE S LINE OF LOT 7
PLAT OF D.R. MITCHELL'S SURVEY OF THE LEVY
GRANT ON LAKE JESSUP RECORDED IN PLAT BOOK 1
PAGE 5, SEMINOLE COUNTY, FLORIDA AS BEING N8JSJ0JE
PREPARED FOR:
CENTEX HOMES
Access EASEMENT ACROSS C.S.X. RAILROAD
PARCEL AT LOT 6 BLOCK PLAT BOOK I. PAGE 5
DONALD W. MciNTOSH ASSOqA TES, INC.
ENGINEERS PLANNERS SURVEYORS
2200 PARK AVE NORTH, WINTER PARK. FLORIDA 32789 (
407) 644-4068
CHECKED BY;
DRAWN BY:.
Page 11 of 11
Easement No~ 30149
cs I 98-4S8(A
PLAN SHEET
STA. 544120 TO STA 555100
Glacier
Page 1 of2
Heidi Rhodes
From: Blinn, Michael [mblinn@seminolecountyfl.gov]
Sent: Thursday, September 14, 2006 3:04 PM
To: Heidi Rhodes
Subject: RE: Cross Seminole Trail
Attachments: Link To ped_bike_crashes.pdf
Heidi,
Per our discussion regarding pedestrian and bike crashes near the trails around Winter Springs. As you
can see there are no pedestrian or bike crashes near Tuskawilla Rd and State Road 434. The time
frame that I looked up was April 2002 to July 2006. If you have any questions or comments please feel
free to-call me at 407-665-5699. I am also attaching a small map of the area.
Thanks
Mike Blinn
Seminole County Traffic
407 -665-5699
From: Heidi Rhodes [mailto:HRhodes@interplanorlando.com]
Sent: Monday, September 11, 2006 2:45 PM
To: Blinn, Michael
Subject: Cross Seminole Train
Heidi Rhodes
Permit Coordinator
12/5/2006
SEMINOLE COUNTY
WINTER SPRINGS
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
Post Office Box 1429
Palatka, Florida 32178-1429
PERMIT NO.
4-117-0482-ERP
DATE ISSUED August 11, 1998
PROJECT NAME: PARKSTONE
A PERMIT AUTHORIZING:
CONSTRUCTION OF A SURFACE WATER MANAGEMENT SYSTEM FOR A 123.0 Ac;RE SINGLE-
FAMILY COMMERCIAL DEVELOPMENT TO BE KNOWN AS PARKSTONE SUBDIVISION. THE
SYSTEM TO BE AUTHORIZED WITH THIS PERMIT CONSISTS OFA 353 J..QT SINGLE
FAMILY SUBDIVISION, RELATED ROADWAY, PARK, FIVE WET-DETENTION PONDS, AND
VEGETATIVE NATURAL BUFFERS, AND 13 ACRES OF FUTURE COMMERCIAL AREA.
LOCATION:
Section 38.39, Township 20 South, Range 30 East
Seminole County
ISSUED TO:
(owner J
CENTEX HOMES
151 SOUTHHALL LANE, STE. 230
MAITLAND, FL 32751-7190
Permittee agrees to hold and save the St. Johns River Water Management
District and its successors harmless from any and all damages, claims,
or J.ia1:liJ.iaec whiG~:wu~-~m-peJ:1llit: issuance !:la:lo "'PI" ic..t:icm,.
including all plans and specifications attached thereto, is by reference
made a part hereof.
This permit does not convey to permittee any property rights nor any
rights or privileges other than those specified herein, nor reljeye the
permittee from complying with any law, regulation or requirement
affecting the rights of other bodies or agencies. All structures and
works installed by permittee hereunder shall remain the property of the
permittee.
This Permit may be revoked, modified or transferred at any time pursuant
to the appropriate provisions of Chapter 373, Florida Statutes:
PERMIT IS CONDITIONED UPON:
See conditions on attached "Exhibit A", dated August 11, 1998
AUTHORIZED BY:
Department
By:
"EXHIBIT A"
CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 4-117-0482-ERP
CENTEX HOMES
DATED AUGUST 11, 1998
1. All activities shall be implemented as set forth in the plans,
specifications and performance criteria as approved by this permit.
Any deviation from the permitted activity and the conditions for
undertaking that activity shall constitute a violation of this permit.
2. This permit or a copy thereof, complete with all conditions,
attachments, exhibits, and modifications, shall be kept at the
work site of the permitted activity. The complete permit shall
be available for review at the work site upon request 'by' .
District staff. The permittee shall require the contractor
to review the complete permit prior to commencement of the
activity authorized by this permit.
3. Activities approved by this permit shall be conducted in a
manner which -do not cause violations_ofstatecWaterquali ty
standards.
4. Prior to and during construction, the permittee shall
llIq)h~menL dud maintain all erosion-and-sed-i-m~e-n1;-re-1
measures (best management practices) required to retain sediment
on-site and to prevent violations of state water quality standards.
All practices must be in accordance with the guidelines and
specifications in chapter 6 of the Florida Land Development
Manual: A Guide to Sound Land and Water Management (Florida
Department of Environmental Regulation 1988), which are
inCOrPOrated by reference, unless a project specific erosion and
sediment control plan is approved as part of the permit, in which
the practices must be in accordance with the plan. If site
specific conditions require additional measures during any phase
of construction or operation to prevent erosion or control
sediment, beyond those specified in the erosion and sediment
control plan, the permittee shall implement additional best
management practices as necessary, in accordance with the
specifications in chapter 6 of the Florida Land Development
Manual: A Guide to Sound Land and Water Management (Florida
Department of Environmental Regulation 1988). The permittee
s~all correct any erosion or shoaling that causes adverse
impacts to the water resources. .
.
5. Stabilization measures shall be initiated for erosion and
sediment control on disturbed areas as soon as practicable
in portions of the site where construction activities have
temporarily or permanently ceased, but in no case more than 7
days after the construction activity in that portion of the
site has temporarily or permanently ceased.
6. At least 48 hours prior to commencement of activity
authorized by this permit, the permitted shall submit to the
District a Construction Commencement Notice Form
No. 40C-4.900(3) indicating the actual start date and the
expected completion date.
7. When the duration of construction will exceed one year,
the permittee shall submit construction status reports to the
District on an annual basis utilizing an Annual Status Report
Form No. 40C-4.900(4). These forms shall be submitted during
June of each year.
S. For those systems which will be operated or maintained
by an entity which will require an easement or deed restriction
in order to provide that entity with the authority necessary to
operate or maintain the system,. l'luch easement or deed. . .
restriction, together with any other final operation or
maintenance documents as are required by subsections 7.1.1
through 7.1.4 of the Applicants Han<;lbook: Management and
Storage of Surface Waters, must be submitted to the District for
approval. Documents meeting the requirements set forth in these
subsections of the Applicants Handbook will be approved. Deed
restrictions, easements and other operat~on and maincenance
documents which require recordation either with the Secretary of
State or the Clerk oftheCircuit-Court-mustbe so recorded-prior
to lot or unit sales within the project served by the system, or
upan-eempl-e-UGla-of cons-tJrl.lction -.:rr-the system. wl:Ib::-"hev~r (1("'" T,..
first. For those systems which are proposed to be maintained by
county or municipal entities, final operation and maintenance
documents must be received by the District when maintenance and
operation of the system is accepted by the local governmental
entity. Failure to submit the appropriate final documents
referenced in this paragraph will result in the permittee
remaining liable for carrying out maintenance and operation
of the permitted system.
9. Each phase or independent portion of the permitted system
must be completed in accordance with the permitted plans and
permit conditions prior to the initiation of the permitted
use of site infrastructure located within the area served by
that portion or phase of the system. Each phase or independent
portion of the system must be completed in accordance with the
permitted plans and permit conditions prior to transfer of
responsibility for operation and maintenance of that phase or
portion of the system to a local government or other
responsible entity.
10. Within 30 days after completion of construction of the
permitted system, or independent portion of the system, the
permittee shall submit a written statement of completion and
certification by a registered professional engineer or other
appropriate individual as authorized by law, utilizing As Built
Certification Form 40C-1.181(13) or 40C-1.181(14) supplied with
this permit. When the completed system differs substantially
from the permitted plans, any substantial deviations shall be
noted and explained and two copies of as-built drawings submitted
to the District. Submittal of the completed form shall serve to
notify the district that the system is ready for inspection.
The statement of completion and certification shall-be based on
on-site observation of construction (conducted by the
registered professional engineer, or other appropriate
individual as authorized by law, or under,his or her direct
supervision) or review of as~built drawings for the purpose of
determining if the work was completed in compliance with
approved plans and specifications. As-built drawings shall be
the permitted drawings revised to reflect any changes made
during construction. Both the original and any revised
specifications must be clearly shown. The plans must be
clearly labeled as "as-built" or "record" drawing. All
surveyed dimensions and elevations shall be.certified.by a
registered surveyor. The following information, at a minimum,
shall be certified on the as-built drawings:
A. Dimensions and elevations of all discharge structures
including all weirs, slots, gates, pumps, pipes, and 6il
and grease skimmers;
B. Locations, dimensions, and elevations of all filter,
exfiltration, or underdrain systems including cleanouts,
pipes, connections to control structures, and points of
discharge the receiving waters;
C. Dimensions, elevations, contours, or cross-sections
of all treatment storage areas sufficient to determine
stage-storage relationships of the sto~age area and the
permanent pool depth and volume below the control elevation
for normally wet systems, when appropriate;
D. Dimensions, elevations, contours, final grades, or
cross-sections of the system to determine flow directions
and conveyance of runoff to the treatment system;
E. Dimensions, elevations, contours, final grades, or
cross-sections of all conveyance systems utilized to
convey off-site runoff around the system;
F. Existing water elevation(s) and the date
determined; and
G. Elevation and location of benchmark(s) for the survey.
11. The operation phase of this permit shall not become
effective until the permittee has complied with the requirements
of general condition No. 9 above, the District determines
the system to be in compliance with the permitted plans, and the
entity approved by the District in accordance with subsections
7.1.1 through 7.1.4 of the Applicants Handbook: Management and
Storage of Surface Waters, accepts responsibility for operation
and maintenance of the system. The permit may not be transferred
to such an approved operation and maintenance entity until the
operation phase of the permit becomes effective. Following
inspection and approval of the permitted system by the
District, the permittee shall request transfer of the permit
to the responsible approved operation and maintenance entity,
if different from the permittee. Until tQe permit is
transferred pursuant to section 7.1 of the Applicants
Handbook: Management and Storage of Surface Waters, the
permittee shall be liable for compliance with the terms
of the p,ermit.
12. Should any other regulatory agency require changes to
t~e permitted system, the permittee shall provide written
notification to the District of the changes prior to .
implementation so that a determination can be made whether
a permit modification is required.
13. This permit does not eliminate the necessity to obtain
any required federal, state, local and special district
authorizations prior to the start of any activity approved
1))'" this permit. This permit does . not convey to-the
permittee or create in the permittee any property right,
or any interest in real property, nor does it authorize any
entrance upon or activities on property which is not owned or
coub;olh:d by Lhe pei.llllLLee~-or-cotiVev-any rights or
privileges other than those specified in the permit and
chapter 40C-4 or chapter 40C-40, F.A.C.
14. The permittee shall hold and save the District harmless
from any and all damages, claims, or. liabilities which may
arise by reason of the activities authorized by the permit or
any use of the permitted system.
15. Any delineation of the extent of a wetland or other
surface water submitted as part of the permit application,
including plans or other supporting documentation, shall not
be considered specifically approved unless a specific condition
of this permit or a formal determination under section
373.421(2), F.S., provides otherwise.
16. The permittee shall notify the District in writing within
30 days of any sale, conveyance, or other transfer of ownership
or control of the permitted system or the real property at
which the permitted system is located. All transfers of
ownership or transfers of a permit are subject to the
requirements of section 40C-l.612, F.A.C. The permittee
transferring the permit shall remain liable for any corrective
actions that may be required as a result of any permit
violations prior to the sale, conveyance or other transfer.
17. Upon reasonable notice to the permittee, District
auehorized scaff with proper identification shall have
permission to enter, inspect, sampl~ and test the system to
insure conformity with the plans and specifications approved
by the permit.
18. If historical or archaeological artifacts are discovered
at any time on the project site, the permittee shall
immediately notify the District. I
19. The permittee shall immediately notify the District in
writing of any previously submitted information that is
later discovered to be inaccurate.
20. This permit for construction will expire five years from the
date of issuance.
21. All wetland areas or water bodies that are outside
the specific limits of construction authorized by this
permit must be protected from erosion, siltation, scouring
or excess turbidity, and dewatering.
22. Prior to construction, the permittee must clearly designate
the limits of construction on-site. The permittee must advise
the contractor that any work outside the limits of construction,
including clearing, may be a violation of this permit.
23. The operation and maintenance entity shall submit inspection
reports to the District two years after the operation
phase permit becomes effective and every. two years thereafter
.on District form EN-46. The inspection form must be signed
and sealed by an appropriate registered professional.
24. The proposed project must be constructed and operated as per
plans received by the District on June 8, 1998 and July 21,
1998, (sheets 5 and 6.of 30).
25. This permit does not authorize placement of impervious
surface in future commercial development. The permittee
must obtain a Standard General Environmental Resource Permit
(ERP) prior to the placement of impervious surfaces on the
out parcel known as future commercial development.
Conformance with the master surface water management system
design must be demonstrated (6.0 Acres impervious area,
64.5\ impervious area). If conformance cannot be
demonstrated, then a modification of this permit will be
required prior to construction on this commercial parcel.
26. Prior to initiating any construction, the permittee must
recorda conservation easement on the real property pursuant
to section 704.06, F.S., prohibiting all construction
including clearing, dredging, or filling, except that which
is specifically authorized by this permit within the wetland
conservation areas, and upland buffers as delineated on the
final plans as approved by the District. The easement must
contain provisions as set. forth in paragraphs l(a)-(h) of
section 704.06, F.S., as well as provisions indicating that
they may be enforced by the District or the Department of
Environmental Protection and may not be amended without
District approval. Prior to lot or parcel sales, the
restricted.area boundaries must be permanently monumented
above ground on the project site where each lot intersects
the conservation areas.
Within 30 days of receipt of District approval, the
permittee must provide the District with a certified copy of
the recorded easement showing the date it was recorded and
the official records book and page number, a surveyors
sketch of the area included in the legal description, and a
surveyors sketch of the restricted area plotted on the
27. Within 30 days of permit issuance and prior to recording,
the permittee must submit to the District for review and
approval, a draft of the proposed conservation_easement
language for the wetland conservation areas, and upland
buffers as delineated on the final plans as approved by the
District. The draft easement must contain provisions as set
forth in paragraphs l(a)-(h) of section 704.06, F.B., as
well as provisions indicating that they may be enforced by
the District and may not be amended without District
approval. The draft document must include a surveyors
sketch of the areas to be placed under this conservation
easement.
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