HomeMy WebLinkAbout2007 05 29 Awards and Presentations 300 By Denise Ryser, Chairperson of Ad Hoc Winter Springs Open Space Advisory Study Committee
COMMISSION AGENDA
ITEM
300
PRESENTATION
May 29,2007
Meeting
MGR
DEPT
Authorization
REQUEST: The City Manager and the Community Development Department request that the City
Commission hear a presentation by Denise Ryser, chairperson of the Winter Springs Open Space
Advisory Study Committee which outlines the work of the Committee and presents the Committee's
final report.
PURPOSE: This agenda item provides the City Commission with an update on the Open Space
Committee's efforts and fmal report. In addition, the Committee seeks the Commission's directive
regarding any future actions/efforts the Committee should undertake
CONSIDERATIONS:
The Winter Springs Open Space Advisory Study Committee has been working to identify and
evaluate properties around the City for potential purchase by the City in order that these properties
can be preserved as open space. This effort has entailed not only identifying potential sites but also
ranking these sites in accordance with a number of selection criteria established by the Commission
in Resolution 2006-55. The ranked sites were then categorized based upon the owner's willingness to
sell the property.
The final report of the Winter Springs Open Space Advisory Committee provides details about the
committee's efforts and includes all maps and rankings that have been developed. Ms. Denise Ryser,
Chairperson of the Winter Springs Open Space Advisory Study Committee will update the
Commission on the Committee's efforts and will present the final report referenced in Resolution
2006-55. In addition, she will request further direction, if any, from the Commission.
ATTACHMENTS:
Final Report of the Winter Springs Open Space Advisory Committee
COMMISSION ACTION:
2
ITEM 300
Winter Springs Open Space Advisory
Committee Final Report will be available
Friday, May 25, 2007
CITY OF WINTER SPRINGS
OPEN SPACE ADVISORY STUDY COMMITTEE
FINAL REPORT
FINAL REPORT
WINTER SPRINGS OPEN SPACE ADVISORY STUDY COMMITTEE
ESTABLISHMENT: The Winter Springs Open Space Advisory Study Committee was
established by City Commission Resolution 2006-55 on October 6,2006. Subsequently, seven
members were appointed to the committee:
Yvonne Prescher
Robert Henderson
Charles Lacey
Michael Pillow
Bill Poe
Denise Ryser
Kenneth York
Denise Ryser was selected as chairperson.
PURPOSE: The purpose of the committee was to identify lands that should be preserved for
open space and to explore what options may exist for their acquisition.
Acquisition of land is an important element to building the City's inventory of open space which
is set aside in perpetuity for recreational and conservation uses. This open space inventory
serves to increase the quality of life of Winter Springs residents as well as serving to decrease
and mitigate the undesirable impacts of growth on the City's natural resources.
SUMMARY:
At the onset, the Committee was introduced to its task with a discussion of the various methods
of how lands are preserved and were given a glossary of commonly used terms. These items are
included in the Appendix.
Lands were identified which met the following selection criteria as identified in the Resolution.
a) Preservation of threatened or endangered animal or plant species;
b) Preservation of wetlands that could be built upon through wetland mitigation rules;
c) Lands which would preserve aquifer recharge area;
d) Lands that would provide aesthetic, noise, and light buffers between developed land;
and/or
e) Lands which could be utilized for active or passive recreational purposes.
Ten areas of the City were initially identified by staff which included a total of twenty-eight
parcels.
Discussion ensued on each property's v~lue as related to the Committee's efforts and, as a result,
the committee revised the initial staff list. [Some areas were added- others were eliminated,
based on the potential for development. Lands severely impacted by flood plains and wetlands,
such as the outlet of Howell Creek into Lake Jesup, were judged to be of such significant value
to the SJRWMD, that they would not be allowed to be mitigated.] The revised list included
eleven areas of the City with a total ofthirty-two parcels.
The committee's first choice of parcels was the Winter Springs Golf Club property. The Winter
Springs Golf Club is strategically located as a privately owned, community amenity within the
Highlands PUD community. It is also home to a wide range of wildlife and environmentally
sensitive lands. The property has two commercial parcels with SR 434 frontage. The parcels to
the north are included in a conservation easement which permits the golf course, but limits other
uses of the property. In addition, these parcels have a future land use of "recreation and open
space" with "conservation overlay" on those affected portions and a zoning classification of
PUD.
The second choice of parcels was the Schrimsher parcel located south of the proposed Sonesta
Pointe project, north ofthe James Doran Company's (JDC) Phase 2 project in the Town Center
and east of the proposed Wetlands Park. This property would expand and connect valuable
conservation lands, and would offset the impact of urbanization.
The property owners were contacted. Favorable responses were few. Land owners of large
vacant land holdings wished to retain development flexibility including use of the subject
properties as mitigation for their own purposes. Responses were grouped according to the
following:
. Willing to Sell to the City;
. Willing to grant a Right of 1 st Refusal to the City;
. No Consideration of selling to the City; and
. No Response.
The responses did not change the committee's ranking.
Part of the charge to the Winter Springs Open Space Advisory Study Committee, as outlined in
Resolution Number 2006-55 was to look at funding options for land acquisition and to make
recommendations to the City Commission on potential funding sources as part of the final report.
There was much discussion relative to funding source options and what impact these options
would have on other city activities and budgets. The options discussed involved general
obligation revenue bonds as well as a number of grants from various state and federal entities. It
must be mentioned that the discussion of general obligation revenue bonds focused only on these
bonds as a possible source of revenue and did not attempt to factor in any potential effects of the
pending legislation involving ad valorem taxes.
During the discussion of general obligation revenue bonds, the Committee worked under the
premise that a 1110 ofa mil generates $192,000 of ad valorem revenue annually, based on fiscal
year 2007 figures. While only 11 of the approximately 40 parcels researched by the Committee
indicated that they were willing to consider selling, the Committee used the asking prices that
they were able to secure along with the appraised value of the other parcels and estimated an
overall need for $12 - $18 million dollars to acquire the properties of substantive open space
value identified as part of this final report. This amount, if funded though the use of general
obligation bonds, would represent an increase in the millage rate of between 0.47 and .071 mils.
Grants were also discussed as a possible funding source and as a method of leveraging whatever
funds the City could dedicate as matching funds. The potential grant programs available for
acquisition of open space properties are listed below along with their required levels of matching
funds:
. Florida Communities Trust (FCT) Grant - applications are due each May and are
evaluated based on existing policies found in a local government's comprehensive plan.
Fifty percent matching funds are available. [Seminole County has hired the consultant
firm ofln Rem Solutions, Inc. to prepare a FCT grant application for Jetta Point Park.]
. Florida Forever Grant Progranl- The Florida Communities Trust Florida Forever
Progranl provides grants to eligible applicants for the acquisition of land for community-
based parks, open spaces and greenways that further the outdoor recreation and natural
resource protection needs identified in local government comprehensive plans.
The Florida Legislature requires the Florida Communities Trust Florida Forever Program
to:
. Emphasize funding projects in low-income or otherwise disadvantaged
communities.
. Direct at least 30 percent of its funding to projects in Metropolitan Areas and half
of that amount within the built-up urban area.
. Use no less than 5 percent to acquire lands for recreational trail systems.
. Florida Recreation and Development Assistance Program (FRDAP) - FRDAP is a
competitive grant program that provides financial assistance to local governments for
development or acquisition of land for public outdoor recreational purposes. All county
governments and municipalities in Florida and other legally constituted local
governmental entities with the legal responsibility for the provision of outdoor
recreational sites and facilities for the use and benefit of the public are eligible. The
maximum grant request may not exceed $200,000.
. Land and Water Conservation Fund (LWCF) - The Land and Water Conservation Fund
program provides funds to federal agencies, and to the 50 states and 6 territories. The
money allocated to the states may be used for statewide planning, and for acquiring and
developing outdoor recreation areas and facilities.
The program, which is administered nationally by the National Park Service was
established in September 1964, initially authorized for a 25-year period, and has been
extended for another 25 years, to January 2015.
Acquisition or development of outdoor recreation areas and facilities. Priority
development projects include trails, campgrounds, picnic areas, natural areas and cultural
areas for recreational use.
Property acquired or developed under the program must be retained in perpetuity for
public outdoor recreation use. There is a 50% grant - 50% match requirement. This is a
reimbursement program. The applicant is expected to finance the entire project. Fifty
percent of the project will be funded by the grant.
In addition to the option of the City purchasing property, the list of properties contained in this
final report also includes some properties which were determined could be set aside as open
space through the development process. In other words, certain sites, or portions of sites,
because of their environmental constraints, will most probably be required to be set aside as part
of any site plan proposal for the entire site. Other sites have been identified by their owners as
mitigation sites for use when these owners get ready to develop other properties that are
considered uplands. The net result is that the identified sites are preserved as open space within
the City of Winter Springs.
There were also discussions centered around the use of more restrictive land development
regulations. As mentioned under the description of the FCT grant, the City's Comprehensive
Plan policies must support the acquisition and retention of open space. City staff will be looking
at these policies as part of the on-going Evaluation and Appraisal Report process.
Discussion ensued on options for acquisition other than outright purchase. These include more
restrictive land development regulations and comprehensive plan directives.
A fund of $12-18 million is needed to proceed. Potential matching grants would increase this to
a $20 million fund.
The Committee seeks direction from the Commission on how to proceed, such as:
a) Sites for further consideration, if any;
b) Preferred funding options;
c) Authority to perform appraisals;
d) Authority to perform formal negotiations.
Finally, the Committee discussed seeking Commission direction on reconvening in
approximately six (6) months to revisit site availability and ranking as situations and market
forces may have changed the availability of some of the ranked sites.
CITY OF WINTER SPRINGS
OPEN SPACE ADVISORY COMMITTEE
POSSIBLE SITES FOR CONSIDERATION MAY 2007
LEGEND
SELECTION CRITERIA
Note: All lands were evaluated with the following cirteria in mind. Although each site listed below satisfies these criteria, some sites fulfill the intent of the
criteria to a higher degree than other sites- as identified below.
A
Preservation of threatened or endangered animal or plant species.
According to data from the Florida Fish & Wildlife Conservation Commission, the area in the City with the highest integrated wildlife habitat is the
swampy shoreline identified as site # 9. Stars on the map indicate areas with the greatest significant wildlife habitat. Wildlife greatly benefits from
expansive areas left in preservation and preserved lands that are linked together to form corridors. For this reason, Staff has considered
CONSERVATION CONNECTIVITY and WilDLIFE HABITAT PROTECTION, as meeting this criteria. Sites 1, 5, 7, & 9 meet this criteria.
B
Preservation of wetlands that could be built upon through wetland mitigation rules
National Wetland Inventory Data is useful at a broad scale and may not be acurate when applied to an individual site. It is most useful when
combined with other data (including f1oodway, flood plain, hydric soils, and natural vegetation) to determine which lands are environmentally
constrained or which have significant environmental value. Staff has considered these ENVIRONMENTAL FACTORS in evaluating whether sites
meet this criteria. Sites 3, 4, 5, 6, 9 & 10 meet this criteria.
c
Lands which would preserve aquifer recharge areas.
Based on data from the St. Johns River Water Management District, no sites in the City offer significant aquifer recharge. However, the City has
opportunity to influence stream discharge into lake Jesup from the surrounding lake Jesup Drainage Basin. Protection of stream floodway
corridors is critical to the PROTECTIONOF WATER RESOURCES and has been considered part of this criteria by Staff. Sites 3, 4, 6 & 9 meet
this criteria.
o
Lands that would provide aesthetic, noise, and light buffers between developed land
lands that meet this criteria are those that buffer development from major transportation corridors or would provide future relief to urbanization.
These sites are also THREATENED BY DEVELOPMENT. Sites 1, 2, 4, 5, 7, 8, & 10 meet this criteria.
E
Land which could be utilized for active or passive recreational purposes
lands located on the existing Cross Seminole Trail provide an excellent opportunity for public access and RECREATIONAL OPPORTUNITIES.
Additionally, areas of the City lacking in recreational areas are included as meeting this criteria. Sites 3, 7, 8 & 10 meet this criteria.
LIST OF RANKED SITES
as revised
May 24, 2007
c .2 Satisfies VALUE TO WINTER
Site # ll. Location Parcel 10 Number Owners NAME ACREAGE JUrisdiction
Criteria SPRINGS
Winter Springs Golf Club site in the Highlands PUD LOSLAOOSWtNTERSPR'NosLLC 1 178.76Acres I A, E i protection,activerecre8lion : WS
----+--------+-n---t---+---+----+-.------~---.~-l--...-.---....-------1-----.-----------------t----------t--------------l--------------------~---------
Winler Springs Golf Club site In 133-20..0..15..HOO..000 ;LOS LAGOS WINTER SPRINGS LLe i 17:;:;::'" A, B !W'dhf~ ";",."''';;' ~'OhbO~ood i WS
! 1 i ! i i the Highlands pun! i ! - es i ! pro ec .on, ac \Ie re<::rea ,on !
----l-----------\-----t---l--------t-----t------~-- .. 1- --------------j-----------t-----t---------------r-----------------------1------
Winter Spnngs Golf Club site In 133_20--30..S'5~104-OOOO !LOS LAGOS WINTER SPRINGS LlC l pa1 of : D. E :wi4dhfe prolectio~, ne,ghbo~ : WS
theHighlandsPUD Ii! 17e.78Acres 1 j protectlOn,actlverecreatlOfl 1
Winter Spnngs Golf Club site In j33-20-30-!i14-oAOO.oooo llos LAGOS wtNTER SPRINGS LLC ! 17::: ~es I 0, E lwildltfe protecbo~, neighbOrhood 1 ws
i j i i I ithe Highlands PUD i ! i I i protectIOn, active recreabon !
: ::::: 1 I 1: I :
in Town Cenler adjacenllo
Wetlands Part: and between SHETLAND FUND 1915 LT. :7.17 Actes (6.82: A D E !wild~fe protection, neighborhood! ws
7 7A "I j j5AR-oADO.o07A new 10 11) jSCHRlMSHER LAND FUND V LT ETAL i new) j ., protection, active recreation
; i isonesta PI and JDC Ph 2! ; ;'
B
e 8 ! j I X I jSR 434 (south side) east side of 126-20-3~AR-OAOO-OOIE !SCHRlMSHER LAND FUND 1915 LT & 1 5.74 Acres IDE buffer allrail bridge/SR 434, WS
I SA 1 ! i 1 lCross Seminole Trail bridge 1 iSCHRlMSHERlAND FUND V LTETAL i !': wetlandprotection I
----+--------+---+.-----1-.----+----+-------.--~-----------t----------------------+------------------+------+--------------+---------------------------+------
l 88 j ! ! ! X is.R 434 (south SI~) and s~th !05-21-31-601-o10G-OOoo !L 0 PLANTE lNe i '.22 Acres i D, E l natural vegetation. 1r.1 buffer 1 ws
1 I i I ! ISlde of Cross Sermnole Trail i I I Iii
------j------------+--------f---------j------t-----l---m-----_..-:-___-:--,..___...___._.__..._-j_.__...__.___.__________.__---.--t-----....-.---t-..--...m-m----t-------..--------m--...---t------..-.
! ! j ! 1 jSR 434 (S~th Side): north Side of i i ! j 1 acceu to trat, neighborhood l
! 8C i i 1 ! X !Cross Seminole Trail. east of 106-21-31-501-oAO~0 ilO PLANTE tHC j 5.24 Acres! 0, E : protecllon & wetland protectlon, 1 County
i j! I 1 iGardena Av. i j ! i l active plrt i
I",', 1 1210 EB.t\amII Rd (northeast corner of I ' '
O I ' l natural veget.ion. upland scrub :
11 11A ix, i;::,';''''::'"''') ""~, hom S'-'oh' i02.2'..0......B.....30 !GREOO EUZABETH L TRUSTEE i ,..."".. A, B ' ~Id,". hob,tal ,WS
-----j-------------\----------t------j---------t-----j--------------------------------l----------------------------------j-----------------------------------------t---------------- i ' --------------------------------:------------
i, 11B 1, ;, ,,X:, i,2R2dO) EBahamIl Rd (one 101 east of Hayes 1,02_21-30--505~200..006A !,OllMOREARVIS 1 1.41 Acres 1, A, B !nalural vegel8lion, upland scnb ! WS
j WIldlife habitat i
m___+____________-!-__m___+-__m_+-_______{_______+_______________________________m_____\____________m________m___m_____1m__________________________m_____m_______--!-________m_____ i i --------------------------------i-------------
i 11C i l ! X i !215EBah.mllRd(lriangul.lotbetween !02-21-30--58I-oEoo4010 lOREGGELlZABETHl TRUSTEE ! 252Acres j A, B : natural Vegetatlon,Uptand scrub : WS
! 1 1 I i !FP&L corridor' and Bahama Rd) 1 : !: 1 wildlife habitat
m-----j-------------I---------t-------+------t-------i--------.------------.---------1-------------------------------------1-----------------------------------------!----------------- ; I----------------------------------------m------
1 11 D I Iii X 1405 Hayes Rd (one tol north of Hayes and i02--21-30-!i10~OOO"O020 lMAHARAJ BENDlX ! 267 Acres A B 1, natural vegetalton. upland scrub !,' WS
1 I I I I I PlWlama) : ' ,'wildlife habitat
m--~--------------j--------+------+-----f-----.+----------------------------------\------------m---------------------1---------------------------------------+--m--------+-----------------f_____m_________m______m____+_____________
1 11 Ell I i X l210 E PlWl~ Rd (comer of Hayes and !02-21-30-510-o0oo-OO10 iMAHARAJ HAROLD & THORA C i 2.71 Acres 1 A, B i natural vegetation, upland scrub! WS
I I II! iPanama) j : ::: wIldhfe habitat :
! !!!!! Iii!! !
I
LIST OF RANKED SITES
as revised
May 24, 2007
Satisfies VALUE TO WINTER
Site # U) 'ii 'ii Location Parcel 10 Number Owners NAME ACREAGE Jurisdiction
C Criteria SPRINGS
SR 434 (north side) immediately east of '26 20-30.5AR-OQOO 0040 !BROWN1NG GERTRUD TRUSTEE & 5.71 Acres D. E neighborhood protectIon, pane. WS
Parkstone j BROWNING WILLIAM S TRUSTEE expansion
1430 W P , i26-20-30-5AR-OCOO-O03A !PETERS GREGORY T & PETERS C; KIM & 1 1 35 A ! 0 E 1 neighborhood protection, par1o; ! C
PETERS VtCTOR ETAL i - cres i ' i e)l;panS10n i ounty
wagnerpoint 126-20..-30-SAR-Oco0-003B lKIMBER DIANNE P I 0.96 Acres I 0, E ( nelghborh:=:i:~tlon,park i County
1390 Wagner Point !26-20..-30-5AR-ODOo.OOJA !:~~~.:.~R:~~~~TPERREPFORESTOF I 1,11 Acres I 0, E ! neighborh:;:~i:~tion,pan.: ! County
wagnerPoinl !26-20-30-5AR-000G-003E jPETERS VICTOR & PETERS STEVE 1 1 l 0, E l ne!ghbor~;:~i:hon,pa~ 1 County
350 Wagner Point j26-20-30-5AR-0000-003B !PETERS KIM C 1 1.86 Acres 1 D, E ! nelghbo~~:i:tlon, par1o; j County
atelyadJto 12&.20-30-5AR-OooO-003o jPETERS GREGORY T ! 0.e2lV;res i D, E j nelghborr::=:i:tlon,park i County
I I I : I I I I I I: :
SR 434 (~;de immecllalety ad) to 126--20..:J0-5AR-OOOO-OO3C !PETERS CLEANTHI Z I 1 ! D, E ! nelghborhoocl pro.tectton, park : County
Centrel Winds Perk) 310 Wagner pt. ! ! j I ! expansIon !
SR 434 and Hayes Rd. southeast 134-20-30-5AW-OOOO-030E !CHEA WONG INCORPORATED .75 Acres! D weU.-Kl protecti~, natural WS
I I I 1 I learner I I ! I I vegetallon l
SR 434 (sooth side) and one lot 134-2o-3o-5AW-OOOO-03oo !eHEA WONG INCORPORATED ! 1.77 Acres I D I wedSld protection, natural ! WS
east of Hayes Rd. i I !!! vegetaUon I
Hayes Rd. and one lot south of !34-Z0-30-5AW-oOOO-0520 !CHEA WONG INCORPORATED ! 21.44 Acre$! D ! wetland protection, natural I, ws
SR 434 vegelalion, active recreation
1955 E SR 434 (south side) I j eJ(pansion of existing
!PETERS GREGORY T & PETERS C; KIM & conservation area, wildlife
G 5 5C X i adjacent to other conservation !26-20-30-5AR-OD00-0240 jPETERS VICTOR ETAL 9.23 Acres A, B, 0 protection, neighborhood County
Ilands proloclion, wetland protection,
I natural veaetation
14301 SR 419 (north side); 1 i
H 3 3A X ibetween trail and SR 419 at !34-20-30-5AW-OOOO-0250 !JEAN LUCILLE E 6.99 Acres B, C. E buffer between trait & SR 434, County
streamway protection
I intersection of 5 R 434 i
LIST OF RANKED SITES
as revised
May 24, 2007
Site # S J!! "C 0.. Location Parcel 10 Number Owners NAME ACREAGE Satisfies VALUE TO WINTER
Junsdiction
Criteria SPRING
halfway between Lake Jesup & ! i i i i wildlife habitat, wetland !
434, immediately adjacent to !31-20..J1-5BB-OOOO-009C !CASSCELLS OLEOA 0 ! 10.55 Acres: B, D, E 1 protection, buffer from I ws
Greenway j ! l j ! Greeneway j
SR 419 (south side) across from ! . 1, natural vegetation, wildlife 1
LayerElementary !34-20..30..sAW-oOOO-G41A !GOLOENLARRYE&GIUETTESHARONB I 3.41 Acres I D,E, habitat j County
SR 434 (north sid~) east of 134-20-3o-5Aw-OOOO-o.f2B lKAI PROPERTIES LLC i 3.27 Acres IDE 1 natural vegetation. wildlife ! County
Budget Tree Service! ! ! i' 1 habitat !
jon west side of Eckerds at SR 134_20-30-5AW..oOOO-o310 iSPEARSMRS WENDELLE 1 6.03Acres 1 D, E l naturalveget~tjOn,wildlife ! WS
habitat
Budget Tree property MEAGHER! 532 Acres !! !
JJAMES J & DARCY ! l D, E ! l WS
MEAGHER 725 Acres 1 0,
Shore Rd (west Side); !02_21-30-50S-0100-o01A !cARLIN R08ERTM ! '.B3Acres 1 B, C ! natural vegetation, stream ! WS
flag lot (286 Stoner Rd)
25 E SR 434 (south side); way
at Gee Creek, adjacent to Baptist HANNA THOMAS C & HANNA NOREEN W '.57 Acres! B, C, 0 vegetation County
church property
For 1434) at Gee Creek, one lot west of! 26-20-30-5AR
Gee Creek, adjacent to Baptist BRAlZEAL ELIZABETH ANN 3.45 Acres 8 natural l County
church property
Holiday Lane; (south of SR way 434) at Gee Creek, one lot east of ANDY LONNIE K & BENAY 0 I O.7B Acres! B, C. 0 i vegetation 1 County
church property
APPENDIX A
How are Lands Preserved?
What tools are available to enable the preservation of land?
Preservation is best accomplished when more than one of the following is utilized:
1. Out right Purchase; Donation or Conveyance (for management)
Change in Ownership to those who share the same goals;
Removal of lands from the threat of development by obtaining control of the land.
2. Conservation Easement via platting or recorded agreement
Executed and recorded with Seminole County Clerk of the Circuit Court; and
Should include specific language restricting the use of the land in perpetuity and guiding
appropriate management via a conservation easement agreement.
May be conveyed to another entity for management:
Homeowners Association
SIR WMD
City of Winter Springs
Other Non-Profit Entity, such as Audubon Society, etc.
3. Land Use designation in the Comprehensive Plan
Designation in the City's Comprehensive Plan, Future Land Use Element;
Change of designation requires a minimum of three public hearings with final approval
by the City Commission.
4. Regulations and Permitting
Local and State governments oversee environmentally sensitive areas by requiring
permits to be obtained, prior to alteration. These regulations may deter development or
slow development but do not prevent development. Generally a fee is charged to offset
the impact of the proposed development.
(For example, Winter Springs allows the removal of trees, but requires the impact to be
offset by the planting of new trees or the payment of a fee to the tree bank. Similarly, the
development of wetlands is permitted through the purchase of mitigation lands to replace
the impact on the onsite wetlands. Permitting is managed through the 8t. John's River
Water Management District (SJRWMD).)
APPENDIX B
GLOSSARY OF COMMONLY USED TERMS
Conservation corridor - A landscape feature that is long and relatively narrow
that connects two or more patches of more intensely developed property.
Roads, streambanks, hedgerows, and ribbons of natural habitat are all examples
of corridors.
Conservation easement - A legally binding agreement between a landowner
and an easement holder that restricts the types of land uses or activities that can
occur on the landowner' s property. Conervation easements are often used to
prohibit or restrict development on a piece of property to protect conservation
values or maintain such land uses as forestry, agriculture, and natural habitat.
Conservation future land use designation - The conservation designation
includes public lands that have been acquired and private land areas that have
been reserved by mutual agreement with the property owner for the preservation
and protection of Winter Springs' natural resources.
Conservation overlay - The conservation overlay area shown on the Future
Land Use Map (FLUM) is intended to protect areas that may potentially contain
protected wildlife habitat areas, hydric soils/wetlands, and special vegetative
communities. Included within the conservation overlay definition are areas within
a public water well radius of 500 feet, within the 1 DO-year floodplain, and other
areas subject to environmental or topographic constraints. The area designated
as conservation overlay on the FLUM is not intended to prevent development,
but rather identify sensitive areas that need to be reviewed carefully during the
review process to determine whether development should be permitted or if
some form of mitigation may be necessary.
Conservation subdivision - A subdivision that sets aside a significant portion of
the development site as permanently protected open space. This is usually
accomplished by clustering houses on smaller lots, ideally on the least
environmentally sensitive lands.
Critical habitat - The Endangered Species Act (ESA) requires the federal
government to designate" crtical habitat" for any species it lists under the ESA.
" Critical habitat" is defined as: (1 )pEcific areas within the geographical area
occupied by the species at the time of listing, if they contain physical or biological
features essential to conservation, and those features may require special
management considerations or protection; and (2) specific areas outside the
geographical area occupied by the species if the agency determines that the
area itself is essential for conservation.
Critical habitat designations must be based on the best scientific information
available, in an open public process, within specific timeframes. Before
designating critical habitat, careful consideration must be given to the economic
impacts, impacts on national security, and other relevant impacts of specifying
any particular area as critical habitat.
Detention - Short-term storage of stormVlBter. Detention storage holds
collected stormwater from a given rainfall event and releases it at a controlled
rate to reduce the impact on downstream stormwater systems. Storage facilities
can be either constructed above ground as a pond or placed below ground as a
vault.
Discharge area - Usually swampy areas where stormwater runoff is discharged
for the purpose of partial water quality treatment/detention before it reaches the
final receiving water body.
Dominant species - Species that are important in their ecological communities
because of the large number of individuals they represent.
Drainage Easement - A legally binding agreement between a landowner and an
easement holder that restricts the types of land uses or activities that can occur
on the landowner' s property for the P4Dose of collecting, transmitting, and
directing water away from habitable structures in order to further the health,
safety, and welfare of the public at large.
Ecological health - A criterion for land use that requires that human activities on
a site (1) avoid irreversible or long-lasting degradation to the land (such as soil
loss or toxic contamination) and (2) prevent negative off-site impacts, such as
pollution or habitat fragmentation.
Ecosystem - A group of living organisms plus their nonliving environment
including soil, water, nutrients, and climate. Forests, grasslands, wetlands,
uplands, and lakes are all examples of ecosystems.
Edge habitat - Habitat situated at the boundary between two land cover types
(e.g., farmland and forest) and extending a few tens to hundreds of feet from this
boundary. Edge habitat is often abundant in human-influenced landscapes
where natural habitats abut urban, suburban, or agricultural land uses.
Endangered species - An endangered species is a population of an organism
(usually a taxonomic species), which because it is either (a) few in number or (b)
threatened by changing environmental or predation parameters, is at risk of
becoming extinct.
Endemic species - Species that are found only in a restricted geographic area.
A species (or genus or family) may be endemic to a very small region, such as
an island, or to an entire continent or hemisphere.
Exotic species - A species that is not native to the place it inhabits. Also known
as an introduced species or a non-native species. Exotic species become a
problem when they become prolific. (see invasive species).
Greenprint - A map created at the sub-landscape scale (the scale of cities or
towns) that identifies lands important for conservation, such as wetlands, steep
slopes, rare species habitat, and rare ecological communities. The greenprint
can be used to direct new growth away from these sensitive lands so that an
interconnected conservation network takes shape within the matrix of developed
lands.
Flood plain - An area inundated during a 1 DO-year flood event or identified by
the national Flood Insurance Program as an area of flooding on Flood Insurance
Rate Maps or Flood Hazard Boundary Maps.
Floodway - A channel for an overflow of water caused by flooding.
Flood Zone - Flood zones are geographic areas that the Federal Emergency
Management Agency (FEMA) has defined according to varying levels of flood
risk. These zones are depicted on a community' s Flood Hazard Boundary Map
or a Flood Insurance Rate Map (FIRM). Each zone reflects the severity or type
of flooding in the area. There are 1 DO-year flood plain areas located in Winter
Springs. These areas are predominantly limited to shorelines adjacent to Lake
Jesup, Little Lake Howell, Lake Talmo, and the riverine flood plains of Soldier's
Creek, Gee Creek, Bear Creek, and Lake Howell.
Fragmentation - The devaluing of a habitat by dividing it into smaller,
disconnected pieces.
Habitat management - Retaining, creating, or managing wetland or upland
habitat for wildlife.
High water mark - A mark indicating the highest level reached by a body of
water.
Hydric - A habitat with an excessive supply of moisture. Hydric soils are usually
known locally as" muck" .
Impervious - Land surfaces which do not allow (or minimally allow) the
penetration of water. An increase in the amount of impervious area will increase
the rate and volume of runoff from a given drainage basin.
Interior habitat - Natural habitat that is situated away from human land uses
such as urban development or agriculture.
Invasive species - Exotic (non-native) species that spread rapidly, out-
competing native species and sometimes altering entire ecosystems.
land banking. involves the acquisition of land in advance of expanding
urbanization. The price of an open space parcel not yet subject to urban
development pressures will probably be more closely based on current rather
than speculative land uses. Land banking may therefore result in considerable
savings to a jurisdiction seeking to preserve open space.
Littoral zone. refers to the coast or to the banks of a river, lake or estuary. The
littoral zone is defined as the area between the high water and low water marks.
low water mark - A mark indicating the lowest level reached by a body of
water.
Mesic - A habitat with a moderate or well-balanced supply of moisture.
Mitigation - Compensation for impacts to wetlands and streams. A regulatory
method of offsetting impacts to wetlands and other aquatic resources.
Mitigation bank - A mitigation bank is a wetland, stream, or other aquatic
resource area that has been restored, established, enhanced, or (in certain
circumstances) preserved for the purpose of providing compensation for
unavoidable impacts to aquatic resources permitted under state or local wetland
regulation.
Nonpoint source pollution - Pollution that originates from diffuse sources
across the landscape rather than from a specific point source. Examples of
nonpoint source pollution include sediment, petroleum, excess nutrients, and
chemical pollutants from farms, roads, lawns, and septic systems.
Perched water table - A perched water table (or perched aquifer) is an aquifer
that occurs above the main water table. This occurs when there is an
impermeable layer of rock above the main aquifer but below the surface. Water
percolating down to the main aquifer gets trapped above this second
impermeable rock layer. If a perched aquifer's flow intersects the Earth's surface,
at a valley wall for example, the water is discharged as a spring.
Percolation - Percolation concerns the movement and filtering of fluids through
porous materials such as soils or permeable rock.
Pervious - Land surfaces which allow the penetration of water. A decrease in
pervious area will increase the rate and volume of runoff from a given basin.
Purchase of development rights - A land conservation technique in which a
government body or private conservation organization pays a landowner not to
develop his or her property.
Recharge area - An area of land where the aquifer receives surface water
through percolation.
Recreation and Open Space land use - The purpose of this land use element
is to identify open space and recreation facilities, establish level of service
standards for the provision of such facilities, and analyze current and projected
park and recreational needs based upon population projections and the
established level of service standards.
Resource protection - A general designation for lands which include natural
vegetation that is protected through drainage easements or conservation
easements.
Retention - Permanent storing of stormwater indefinitely. Stormwater is stored
until it is lost through percolation, taken in by plants, or through evaporation.
Storing of stormwater to prevent its discharge into receiving waters or to provide
a storage facility for stormwater where no outfall is available.
Receiving area - An area designated to receive higher density development as
part of a transfer of development rights (TOR) program.
Reclamation - The process of remediating a heavily damaged site so that it can
serve some useful purpose, even if it is not returned to its original condition.
Saturation - Generally refers to the water content in the soil, where the
unsaturated zone is above the water table and the saturated zone is below the
water table.
Sending area - An area designated to retain its rural land uses (such as habitat
or agriculture) as part of a transfer of development rights (TOR) program.
Species of Special Concern - Although the species is not endangered or
threatened, it is extremely uncommon in Florida, or has unique or highly specific
habitat requirements and deserves careful monitoring of its status.
Sustainability - The combination of ecological integrity (such as planting trees
that are native or adapted to the area in which they are planted and have
adequate unimpeded area for the roots and crown to grow to maturity) with the
human objectives of long term economic prosperity.
Threatened species - Those species that may soon become endangered are
called threatened species.
Transfer of development rights (TOR) - A planning tool that is used to protect
rural lands from development while encouraging higher density development in
designated suitable locations. TOR programs allow landowners in areas where
development is discouraged (sending areas) to sell the rights to develop their
land to developers in areas where development is encouraged (receiving areas),
thus transferring those rights from one site to the other. As a result of the
transfer, the land in the sending area is permanently protected from development
while additional development is allowed to be built in the receiving area. TOR
programs usually involve numerous financial negotiations between the sender
and the receiver as to the price of a unit of density as well as negotiations over
" residual density" to bteft on the sending property.
Urban areas - The areas designated on the land use plan for residential,
commercial, and industrial development at urban or suburban densities.
Urban growth boundary - A designated area within which urban development
is encouraged and outside of which development is prohibited or strongly
discouraged. This boundary often coincides with the urban service area (the
area within which a county or municipality has the rights to provide urban
services such as water and sewer).
Xeric - A habitat with a deficient supply of moisture (deserts).
Xeriscape (Xeriscaping) - Refers to landscaping which minimizes the need for
supplemental irrigation. The word" ;eriscaping" was coined by combiningxeros
(Greek for "dry") with landscape. Plants whose natural requirements are
appropriate to the local climate and soil types are emphasized, and care is taken
to avoid losing water to evaporation, rapid percolation, and run-off. Xeriscaping
is not the same as "zero-scaping" (in which the landscape consists mostly of
concrete, stones or gravel, with perhaps a cactus or two thrown in). On the
contrary, xeriscaping can look lush and colorful. In some areas, terms such as
drought-tolerant landscaping and smart scaping are used instead.
Viable population - The minimum number of individuals needed for a given
population to survive in the long term.
Watershed - The area of land that drains to a given water body, such as a lake
or stream (also called a drainage basin).
Water table - The upper surface of the zone of saturation in permeable rocks not
confined by impermeable rocks. It may also be defined as the surface
underground at which the water is at atmospheric pressure.
Wellhead protection area - An area designated by local government to provide
land use protection for the ground water source for a potable water wellfield,
including the surface and subsurface area surrounding the wellfield. Differing
levels of protection may be established within the wellhead protection area
commensurate with the capacity of the well and an evaluation of the risk to
human health and the environment. Wellhead protection areas are delineated
using professionally accepted methodologies based on the best available data
and taking into account any zones of contribution described in existing data.
Wetland - Wetlands are found under a wide range of hydrological conditions, but
at least some of the time water saturates the soil. Generally, wetlands are lands
where saturation with water is the dominant factor determining the nature of soil
development and the types of plant and animal communities living in the soil and
on its surface (Cowardin, December 1979). Wetlands vary widely because of
regional and local differences in soils, topography, climate, hydrology, water
chemistry, vegetation, and other factors, including human disturbance. Wetlands
are found from the tundra to the tropics and on every continent except Antarctica.
Wetlands area defined by the comprehensive plan as being transitional areas
between the open waters of streams and lakes and the adjacent uplands.
CITY OF WINTER SPRINGS
CONSERVATION LANDS
JANUARY 2007
CITY OF WINTER SPRINGS
PUBLIC LANDS
JANUARY 2007
APPENDIX E
February 16, 2007
RE: I!itcelD
Dear
The City of Winter Springs has recently formed a study committee to identify
green space and conservation lands within the City for possible acquisition by the
City. These possible acquisitions would add to the City's inventory of open
spaces set aside in perpetuity for recreational and conservation uses. We are
contacting you because you are the owner of one or more parcels identified by
the study committee for possible acquisition as shown on the attached map.
We request that you contact us at your earliest convenience to let us know your
position on the possible sale of the subject parcel(s). We would like to ascertain
your position on this property in accordance with the following options:
1. I would consider selling the parcel to the City now.
2. I would consider giving the City a right of first refusal when I am
ready to sell the parcel.
3. I would not consider selling the parcel to the City or giving a first
right of refusal.
Thank you for your consideration of this matter. Please return the attached letter
or leave a telephone message at (407) 327-5950, no later than March 1, 2007.
Sincerely,
Ron W. McLemore
City Manager
NAME
ADDRESS
PARCEL 10
Please mark the appropriate space, sign and return in the enclosed envelope.
I would consider selling the parcel to the City now.
I would consider giving the City a right of first refusal when I
am ready to sell the parcel.
1 would not consider selling the parcel to the City or giving a
first right of refusal.
Signature
Date
APPENDIX F
OSSINSKY & CATHCART
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
CHRISTOPHER C. CATHCART
chris@ouin3tyr:lIthcart.com
2699 LEE Road SUITE 101
WINTER PARK FlORIDII. 32789
TELEPHONE (407) 629-2484
FACSIMllE (407) 629-4429
www.ossinskycathcart.com
MARC P. OSSINSKY
marc@ossinskycathcart.com
March 1, 2007
Ronald W. McLemore
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708-2799
Re: Los Lagos Winter Springs
900 West State Road 434
File No.: 1178.009
Dear Mr. McLemore:
Thank you for your letter dated February 16, 2007, concerning the purchase of my client's
properties. We are flattered that the City has some interest in the properties, but at this time we have
not finalized our plans for them, and therefore must respectfully decline to sign the letters. It
continues to be our goal to put together something that will be a win-win for all concerned, including
the citizens of Winter Springs, the mayor and commissioners, and ourselves.
We are diligently working to put something together to present to the City. We are
assembling a team to assist us in that regard. We hope to be in touch with you soon.
Thank you again for your interest. If I can provide you with any additional infonnation, or
if you should have any questions concerning the foregoing, then please do not hesitate to contact me.
cc: client
TOTAL P. 02