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HomeMy WebLinkAbout2000 11 13 Public Hearings J Large Scale Comprehensive Plan - Elizabeth Morse Foundation Property COMMIS:SION AGENDA ITEM J Consent Informational Public Hearing X Regular November 13,2000 Meeting It-;; ,1ept Autho ~ REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing to transmit a large scale comprehensive plan amendment (LS-CPA-I-00) to the Florida Department of Community Affairs, which would change the Future Land Use Map designation from (County) "Suburban Estates" (1 DU per acre max.) to the City's "GreeneWay Interchange" designation on the Elizabeth Morse Foundation property. PURPOSE: The purpose of this large scale comprehensive plan amendment is to consider changing the Future Land Use Map designation from (County) "Suburban Estates" (1 DU per acre max.) to the City's "GreeneWay Interchange" District designation on a 67.58 acre parcel in order to take advantage of the commercial potential created by the transportation nexus of State Road 434 and State Road 417 (aka "The GreeneWay"). APPLICABLE LAW AND PUBLIC POLICY: The provisions of 163.3184(3)(a) F.S. whi(~h state: "Each local governing body shall transmit the complete proposed comprehensive plan or plan amendment to the state land planning agency, the appropriate regional planning council and water management district, the department, and the Department of Transportation immediately following a public hearing pursuant to subsection (15) as specified in the state land planning agency's procedural rules. The local governing body shall also transmit a copy of the complete proposed comprehensive plan or plan amendment to any other unit of local government or government agency in the state that has filed a written request with the governing body for the plan or plan amendment." CDD/November 6, 2000/9:34 AM NOVEMBER 13, 2000 PUBLIC HEARING AGENDA ITEM J Page 2 The provisions of 163.3184(15)(b) F.S. which state: "The local governing body shall hold at least one advertised public hearing on the proposed comprehensive plan or plan amendment as follows: 1. The first public hearing shall be held at the transmittal stage pursuant to subsection (3). It shall be held on a weekday at least 7 days after the day that the advertisement is published. 2. The second public hearing shall be held at the adoption stage pursuant to subsection (7). It shall be held on a weekday at least 5 days after the day that the second advertisement is published. II The provisions of9J-l1.006(1) F.A.C. which state "Each proposed amendment including applicable supporting documents which include data and analyses shall be submitted directly to the Florida Department of Community Affairs, Division of Resource Planning and Management, Plan Processing Team, the appropriate regional planning council, water management district(s), Department of Transportation and Department of Environmental Protection. Proposed plan amendments, except those discussed under the exemption provisions of Rule 9J-ll.006(1)(a)7. F.A.C., shall be consolidated into a single submission for each of the two plan amendments adoption times during the calendar year. The comprehensive plan submitted pursuant to Section 163.3167 F.S., shall be counted as one of the two plan amendment adoption times during the calendar year; however, only the submittal requirements of Rule 9J-l1.004 F.A.C. must be followed. " CHRONOLOGY: · Pizzuti Development, Inc. is now the contract purchaser of the subject property as indicated in a letter dated Octob(:r 24, 2000 by Victor E. Woodman, Vice President, Elizabeth Morse Genius Foundation. · At its regular meeting on December 13, 1999, The City Commission voted to transmit the Morse Foundation large scale plan amendment (LG-CPA-2-99) to the Florida Department of Community Affairs proposing to change the Future Land Use Map designation from (County) "Suburban Estates" (1 DU per acre maximum) to (City) :Lower Density Residential" (1. 1 - 3.5 DU per acre). · The subject property was annexed into the City on September 27, 1999. · On February 2, 1999 an Annexation Application was filed. The City Administration delayed processing the application due to factors that were not apparent when the application was initiated. They were: CDDlNovember 3, 2000/4:06 PM NOVEMBER 13, 2000 PUBLIC HEARING AGENDA ITEM J Page 3 I. Subsequent to the initiation of the annexation it was decided that the Morse Foundation property would be included in the expanded Town Center Project and related Master Planning Process. 2. Subsequent to the initiation of the annexation it was decided that the Master Developer for the Town Center would pursue development of the proposed Seminole County Convention Center on property near the Casscells property. 3. In view of the above, the City Administration decided that the proposed single family subdivision on the Morse Foundation property could conflict with uses that would be designated in the master planning process. As a result it was concluded that the annexation should be delayed until the planning process was completed. CONSIDERATIONS: . The Local Planning Agency, at its October 25,2000 meeting, voted to recommend that the City Commission transmit larg1e scale comprehensive plan amendment (LS-CP A-l- 00) to the Florida Department of Community Affairs for its review and comment in an aRC (Objections Recommendations and Comments) Report. FUNDING: No funds are required to transmit the large scale comprehensive plan amendment to the Florida Department of Community Affairs. FINDINGS: . This general area along S.R. 434 in proximity to the beltway is experiencing development pressure. Just to the west of the beltway, a new Hess Service Station, Kash-N-Karry Food Store and a new 252 unit Courtney Springs Apartment complex have recently been constructed. In recent years the McKinley's Mill residential subdivision was built on the south side ofS.R. 434 just west of the subject property. Recently, the Battle Ridge property was approved for a 108 lot residential subdivision and conservation area. The City has created a higher density/int(msity mixed use "GreeneWay Interchange District" modeled somewhat after the county's Higher Intensity Planned Development (HIPs) found around the airport, the 1-4 Corridor, letc. around a major transportation nexus. The applicant's Future Land Use Map "GreeneWay Interchange" proposed change is compatible with the commercial nature of an urban arterial such as S.R. 434, as well as with the existing commercial establishments in the general area of S.R. 434 on the south CDD/November 6, 2000/11 :06 AM . NOVEMBER 13, 2000 PUBLIC HEARING AGENDA ITEM J Page 4 side. . The City Commission created the Future Land Use Map designation "GreeneWay Interchange" to encourage higher intensity and mixed use development to take advantage of the increased commercial potential in areas near the transportation nexus of S.R. 434 and S.R. 417 (The GreeneWay). . The mixed use development in the GreeneWay Interchange district is largely compatible with the existing land use of the property to the south. The Casscells Trust Property is also designated by the City on its Future Land Use Map as "GreeneWay Interchange". The proposed "GreeneWay Interchange" designation is also compatible with existing land use to the east where the four (4) lane controlled access highway S.R. 417 (The GreeneWay) is located. To the north and east are established residences in the remainder of the county enclave. As mention.ed, the City has development standards in its land development regulations to ensure minimal impacts on surrounding properties, such as buffering. The City's land development regulations and the site plan review process of the Development Review Committee can help prevent or minimize potential nuisances. . The City has development standards in its land development regulations to ensure minimal impacts on surrounding properties, such as buffering. The State can require deceleration lanes and center turn lanes to maintain traffic flow. . The comprehensive plan amendmt:mt is compatible with the other elements of the City's Comprehensive Plan . The comprehensive plan amendmt:mt is compatible with and furthers elements of the State Comprehensive Plan, in ChalPter 187 F. S. . The comprehensive plan amendmt:mt is compatible with and furthers elements of the East Central Florida Comprehensive Re:gional Policy Plan. STAFF RECOMMENDATION: Based on the Staff Report and the Findings, staff recommends the Local Planning Agency make the following recommendation to the City Commission: CDD/November 6, 2000/8:44 AM NOVEMBER 13, 2000 PUBLIC HEARING AGENDA ITEM J Page 5 1. That the City Commission hold a first (transmittal) public hearing and transmit the Department of Community Affairs the proposed Large Scale Comprehensive Plan Amendment (LS-CP A-I-OO), to change the Future Land Use Map (FLUM) designation from Seminole County "Suburban Estates" (1 DU per acre maximum) to the City's FLUM designation of "GreeneWay Interchange" (mixed use- higher density and intensity) the Elizabeth Morse Foundation property on the Future Land Use Map of the Comprehensive Plan Land Use Element (Volume 2 of2); and 2. Hold a second public hearing, after receiving and reviewing the ORC Report, to adopt the plan amendment. LOCAL PLANNING AGENCY RECOMMENDATION: MOTION BY BOARD MEMBER BROWN. "I'd like to make a motion. Based on the staffs report and findings, staff recommends the local planning agency make the following recommendation to the City Commission, which I will make: that the City Commission hold a first (transmittal) public hearing and transmit to the Florida Department of Community Affairs the proposed large scale comprehensive plan amendment (LS- CPA-I-00) to change the Future Land Use Map (PLUM) designation from Seminole County 'Suburban Estates' (1 DU per acre maximum) to the City's PLUM designation of 'Greeneway Interchange' (Mixed Use - higher density ,and intensity) the Elizabeth Morse Foundation Property on the Future Land Use Map of the comprehensive plan land use element (volume 2 of 2) and, number two, hold a second public hearing, ,after receiving and reviewing the 'ORC' Report, to adopt the plan amendment. and I'd like to say in my motion to the people and who I address this evening it states in my motion, the first part, that the City Commission hold the first transmittal public hearing, to transmit so there is an open me(~ting with the City when this is to be transmitted and that where you have to take your action." seconded by Vice-Chairman Fernandez. discussion. VOTE: Vice-Chairman Bill Fernandez: aye Chairperson Rosanne Karr: aye Board Member Tom Brown: aye Board Member Brent Gregory: nay Board Member Carl Stephens: nay MOTION CARRIED. CDD/November 6, 200018:44 AM NOVEMBER 13, 2000 PUBLIC HEARING AGENDA ITEM J Page 6 ATTACHMENTS: A. Map of Subject Property. B. Local Planning Agency Agenda Item II. A. C. Supporting Data, Inventory & Analysis for the Proposed Comprehensive Plan Amendment LS-CP A-I-OO (This Attachment same as LP A Agenda Item II. A. Attachment B) D. Legal Notice. COMMISSION ACTION: CDD/November 6, 2000/8:44 AM ATTACHMENT A ~.~~}~~.\ l. ',:fr' ',.,'.' .:tJ' ;",,;: ".d, , n/ ,1 i . ):.~~'~:;:~~ " ,. '~' }))\~~\fi>~ R'I ~ ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA . 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Community Development Depl. Planning Division LOCAL PLANNING AGENCY AGENDA ITEM II. A. MORSE FOUNDATION LARGE SCALE COMPREHENSIVE PLAN AMENDMENT LS-CPA-I-OO Staff Report APPLICABLE LAW AND PUBLIC POLICY: The provisions of 163.3174(4)(a) Florida Statutes which states in part "Be the agency responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan. During the preparation of the plan or plan amendment and prior to any recommendation to the governing body, the local planning agency shall hold at least one public hearing, with public notice, on the proposed plan or plan amendment. CONSIDERA TIONS: I. SUMMARY OF APPLICATION: APPLICANT: OWNER: Henderson Planning Group, Inc. 112 South Lake Avenue 11909 Orlando, FL 32801 Casscells Trust 1785 AJaqua Drive Longwood, FL 32779 REQUEST: The applicant is requesting a change of Future Land Use Map designation from (County) "Rural-3" (Max. 1 DU per 3 acres) to the City's "GreeneWay Interchange District" designation. PURPOSE: To develop the property for commercial retail purposes rather than for agriculture or residential. Local Planning Agency October 25, 2000 Morse Foundation Amendment LS-CP A-l-OO A. SITE INFORMATION 1. PARCEL NUMBER 31-20-31-5BB-0000-0 150 31-20-31-5BB-0000-OO 1 A 31-20-31-5BB-0000002D 31-20-31-5BB-0000-003A 2. ACREAGE: 67.850 acres 3. GENERAL LOCATION: North ofS.R. 434 and south of Lake Jessup, west of the S.R. 417 (The GreeneWay) and east of Spring Ave. 4. LEGAL DESCRIPTION: (See First Attachment) 5. CHRONOLOGY OF SUBJECT PROPERTY: The property has been in the unincorporated area of the county. This property until recently was formerly owned by Elizabeth Genius Morse Foundation. 6. DEVELOPMENT TRENDS: This general area along S.R. 434 in proximity to the beltway is experiencing development pressure.. Just to the west of the beltway, Hess Service Station has been built, Kash-N-Karry Food Store is about to be built as well as the 252 unit Courtney Springs Apartment complex. In recent years the McKinley's Mill residential subdivision was built on the south side of S.R. 434 just west of the subject property. Recently, the Battle Ridge property was approved for a 108 lot residential subdivision and conservation area. The City has created a higher density/intensity mixed use "GreeneWay Interchange District" modeled somewhat after the county's Higher Intensity Planned Development (HIPs) found around the airport, the 1-4 Corridor, etc. around a major transportation nexus. 7. EXISTING LAND USE OF SUBJECT PROPERTY: Just over half the property is in active citrus grove, and the remainder is vacant with tree cover. 2 Local Planning Agency October 25, 2000 Morse Foundation Amendment LS-CPA-I-OO 8. LETTERS/PHONE CALLS IN FAVOR OR IN OPPOSITION: No inquiries at the timE: of the writing of this Staff Report. B. EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY: North: Small cottage-type houses between the subject property and Lake Jessup. South: Vacant land. East: The beltway (S.R. 417 "The GreeneWay); further east is vacant treed area. West: Small cottage-type houses. C. FUTURE LAND USE DESIGNA TION OF SUBJECT PROPERTY: Existing: (county) "Suburban Estates" (maximum 1 DU per acre) Requested: "GreeneWay Interchange District" NOTE: Applicant has requested City FLUM designation during Fall 2000 Comprehensive Plan Amendment Cycle. D. FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY: North: (county) "Low Density Residential" (4 DU /acre maximum). South: "GreeneWay Interchange District" East: The S.R. 417 (aka The GreeneWay); further east "Conservation" . West: (county) "Low Density Residential" (4 DU/acre maximum). E. ZONING OF SUBJECT PROPERTY: Existing: (county) A-I "Agriculture" (1 DU per acre maximum) Requested: GreeneWay Interchange Zoning District F. ZONING ADJACENT TO SUBJECT PROPERTY: North: (county) R-l "Single Family Dwelling District" (8,4,00 sq. ft. minimum lot size) 3 Local Planning Agency October 25,2000 Morse Foundation Amendment LS-CP A-I-OO South: PUD and RU East: No zoning designation on east side of Beltway on the Battle Ridge wetland area; R-l A on eastern portion of Battle Ridge property. West: (county) R-I, RM-l and A-I. II. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and/or issues which staff analyzed in reviewing this application. NOTE: It is City policy that the applicant of a large scale comprehensive plan amendment provide the necessary data and analysis in accordanc3e with 9J-5.005(2) Florida Administrative Code, and Rule 9J-l1. 006(1 )(b) 1. - 5. Florida Administrative Code. City staff performs the analysis of "consistency/compatibility" of the proposed large scale comprehensive plan amendment with the City, State and Regional comprehensive plans. [per 163.3177(10)(A) F.S., 9J-5.001(9) F.A.c. and 9J-5.021(4) F.A.c.] A. PUBLIC FACILITIES: I. ROADS/TRAFFIC CIRCULATION: a. Availability of Access: Access is to S.R. 434 b" Function Classification: S.R. 434 is classified as an urban arterial. c. Improvements/expansions (including right-of-way acquisition) already programmed or needed as a result of the proposed amendment. At the time of development of the property, the developer would have to meet the requirements of the Florida Department of Transportation for curb cuts, decellanes, center turn lanes, etc. 2. SANITARY SEWER, SOLID WASTE, STORMW ATER MANAGEMENT, POT ABLE WATER: POTABLE WATER: 4 Local Planning Agency October 25, 2000 Morse Foundation Amendment LS-CP ^ -1-00 a. Facilities serving the site. None. b. Improvements/expansions needed as a result of proposed amendment: The developer would extend a trunk line from the south side of S.R. 434 at Vistawilla Drive northward across S.R. 434. Any property owner to the north would pay the cost to lay the water line to their properties, plus a pay a proportionate share for extension of the trunk line coming from the south. SANITARY SEWER: a. Facilities serving the site. None. b. Improvements/expansions needed as a result of proposed amendment: The developer would extend a trunk line from the south side of S.R. 434 at Vistawilla Drive northward across S.R. 434. Any property owner to the north would pay the cost to lay the water line to their properties, plus a pay a proportionate share for extension of the trunk line coming from the south. RE-USE WATER SYSTEM: a. Facilities serving the site. None. b. Improvements/expansions needed as a result of proposed amendment: None. There are no plans to extend re-use water lines to serve the subject property or Battle Ridge property. DRAINAGE/STORMW ATER: a. Facilities serving the site. None. No structural drainage system. 5 Local Planning Agency October 25, 2000 Morse Foundation Amendment LS-CP A -1-00 b. Improvements/expansions needed as a result of proposed amendment: If the property is developed, then the project must meet Sec. 9-241 City Code requirements and SJR WMD and other applicable requirements. Post development runoff cannot exceed pre-development runoff (Use 25 year, 24 hour storm event for design). There must be a clear recorded easement for the infrastructure. The easement must be definitive for maintenance of structural facilities. SOLID WASTE: a. Facilities serving the site. The City has an exclusive franchise agreement with a solid waste hauler, Florida Recycling, until 2006. b. Improvements/expansions needed as a result of proposed amendment: None. 3. RECREATION AND OPEN SPACE a. Facilities serving the sitle. None. b. Improvements/expansions needed as a result of proposed amendment: The property may involve a residential component; hence there would be a. requirement for recreational facilities or payment in lieu per Goal 1, Objective E, Policy 1 of the Recreation and Open Space Element in the Comprehensive Plan. 4. FIRE: a. Facilities serving the sitle. None. b. Improvements/expansions needed as a result of proposed amendment: This area is presently covered by Fire Station # 26 at Northern Way. The response time is 4 to 5 minutes. A proposed F!re Station is to be located just west of Courtney Springs Apts. The proposed Fire Station # 28 is scheduled to 6 Local Plmming Agency October 25, 2000 Morse Foundation Amendment LS-CP A -1-00 be built in Fiscal Year 2003 -4. The estimated response time when the new Fire Station is operational would be 2-3 minutes. Under the First Response Agreement between the City and the County, the City already services the subject property. 5. POLICE: a. Facilities serving the site: None. b. Improvements/expansions needed as a result of proposed amendment: None. The response time to the subject property would be: Emergency. response time is 3.5 minutes. Non-emergency response time is 4.5 minutes. The average is 4.3 minutes over the whole City. B. CONCURRENCY MANAGEMENT: The request is for a large scale comprehensive plan amendment which is viewed as a preliminary development order (where no approval for construction is made) is not subject to Concurrency. Concurrency review is deferred until application for a final development order for the subject property, in accordance with the Concurrency Management System established in the City's Comprehensive Plan Volume 2 of2. C. LAND USE COMPATIBILITY: 1. SOILS: The Soil Survey of Seminole County, Florida, published by the Soil Conservation Service of the US. Department of Agriculture notes: AWhile many factors other than soils are important in planning for orderly development, soil quality is a basic and continuing factor. It demands full consideration, not only as a guide in determining use but also as a measure of the kind and magnitude of problems that must be overcome for specific uses. The decisions on urban uses are not necessarily determined on the basis of suitability. The physical characteristics and qualities of the soil become paramount, and interpretations are more directly concerned with the limitations, restrictions, or hazards and suggests corrective practices needed to prevent serious mistakes.::: The soils on this property are: (#) - indicates soil map designation (13) EauGallie and ImlTIokalee fine sands. 7 Local Planning Agency October 25, 2000 Morse Foundation Amendment LS-CPA-l-OO (13) EauGalle and lmmokallee fine sands. The soils in this map unit are nearly level and poorly drained. These soils are on broad plains on the flatwoods. The slopes are dominantly less than 2 percent. The soils in this map unit are poorly suited to use for sanitary facilities, building sites, or recreational development. The main limitations are seepage and wetness. Water control, including drainage outlets, is needed to overcome wetness. Fill material should be added to make these soils suitable for most urban use. 2. TOPOGRAPHY: The subject property ranges from 10 feet toward Lake Jessup to a high of25 feet toward the south boundary (mean sea level). 3. FLOOD PLAIN AREA: A review of the FEMA National Flood Insurance Program Rate Map (12117COI55-E; April 17, 1995) appears to show the majority of the subject land is outside the 100 year flood plain area. That portion is in Zone X in areas determined to be outside 500- year floodplain. Ther area along the north side and the east central and southeast side are in Zone AE "Special Flood Hazard Area - 100 year flood" and Zone X "Other Flood Areas" 4. NATURAL RESOURCES, HISTORIC RESOURCES. No natural or historic resources are known to exist on the subject land. 5. WILDLIFE AND SPECIES DESIGNATED AS ENDANGERED, THREATENED OR SPECIAL CONCERN: No federally listed endangered plants are known to exist in the county. It is essential that surveys of such species be completed prior to site development of parcels containing native vegetation communities. A wildlife survey of those species designated as endangered, threatened or species of special concern is required prior to final development approval for this property per 39-27.003.005 F.A.c. D. CONSISTENCY WITH THE COMPREHENSIVE PLAN: The City's Comprehensive Plan indicates that S. R. 434 is an urban arterial and is planned as a commercial corridor. The City Commission about two years ago designated the adjacent property to the south (Casscells Trust Property) on the Future Land Use Map "GreeneWay Interchange" which emphasizes higher intensity commercial and higher density residential to take advantage of the commercial potential of the transportation nexus ofS.R. 434 and S.R. 417 ((The GreeneWay). Access to the subject property would ultimately be from S.R. 434. 8 Local Planning Agency October 25, 2000 Morse Foundation Amendment LS-CP ^ -1-00 E. NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES. The nuisance potential of the proposed use resulting from the change of Future Land Use Map designation from county "Suburban Estates" to City "GreeneWay Interchsnge" to the surrounding properties should be minimal in view of the following: · The City has development standards in its land development regulations to ensure minimal impacts on surrounding properties, such as buffering. The City's land development regulations and the site plan review process of the Development Review Committee can ensure the prevention or minimization of any potential nuisances. · At the time of site development, a traffic impact analysis will be required to determine what measures will be required to offset the impacts and maintain traffic flow. · The mixed use development of the GreeneWay Interchange district on the subject property is largely compatible with the existing land use of the property to the south where the Casscells Trust Property is also designated by the City on its Future Land Use Map as "GreeneWay Interchange". The proposed "GreeneWay Interchange" designation is also compatible with existing land use to the east where the 4 lane controlled access highway S.R. 417 (The GreeneWay) is located and just east of that is the conservation area (260 acres) of the Battle Ridge Property. To the north and east are established residences in the remainder of the county enclave. As mentioned, the City has development standards in its land development regulations to ensure minimal impacts on surrounding properties, such as buffering. The City's land development regulations and the site plan review process of the Development Review Committee can ensure the prevention or minimization of any potential nuisances. F. CONSlSTENCY/COMPATIDII,ITY WITH CITY, STATE, AND REGIONAL COMPREHENSIVE PLANS: The City of Winter Springs Comprehensive Plan fully complies with the State Comprehensive Plan adopted pursuant to Chapter 187, Florida Statutes, and the Strategic Regional Policy Plan of the East O;:ntral Florida Regional Planning Council pursuant to Chapter 163 Florida Statutes. I. WITH THE CITY COMPREHENSIVE PLAN: The comprehensive plan amendment is compatible with and not in conflict with the other elements of the City Comprehensive Plan, specifically: those that are supportive: Land Use Element Objective D under Goa!l 3 "The GreeneWay Interchange" FLUM classification. Potable Water Sub-Element: Local Planning Agency October 25, 2000 9 Cllsseells Trust All1t~ndment LS-CP A-I-DO Objective F under Goal 1 Sanitary Sewer Sub-Element: Policy 5, 10 under Objective A Policy 1 under Objective C Storm Drainage and Natural Groundwater Aquifer Recharge Sub-Element: Policy 1, 3,4 under Objective B of Goal 1 Policy 8 under Objective C of Goal 2 Intergovernmental Coordination Element: Policy I under Objective D Objective E Policy 1 a, 1 d under Objective F 2. WITH THE STATE COMPREHENSIVE PLAN: 163 .3177( 1 O)(A) F. S. The comprehensive plan amendment is compatible with and furthers goals and policies of the State Comprehensive Plan in Chapter 187 F.S. List of goals, objectives and policies that indicate consistency with the State Comprehensive Plan: 91-5.021(4) F.A.C. ST ATE COMPREHENSIVE PLAN (16) Land Use Goal (a) Policy 3 (18) Public Facilities Policy 1 (22) The Economy Policy 1,12 NOTE: A Local comprehensive plan shall be consistent with a Comprehensive Regional Policy Plan or the State Comprehensive Plan if the local plan is compatible with and furthers such plans. 9J-5.021(1) F.A.C. The term Acompatible with:::: means that the local plan is not in conflict with the State Comprehensive Plan or appropriate comprehensive regional Local Planning Agency October 25,2000 10 Casscclls T rllst Amendmcnt LS-CPA-l-OO policy plan. The term Afurthers=: means to take action in the direction of realizing goals or policies of the state or regional plan. 9J-5.021(2) F.A.C. For the purposes of determining consistency of the local plan with the State Comprehensive Plan or the appropriate regional policy plan the state or regional plan shall be construed as a whole and no specific goal and policy shall be construed or applied in isolation from the other goals and policies in the plans. 9J-5.021(2) F.A.C. 3. WITH THE EAST CENTRAL FLORIDA COMPREHENSIVE REGIONAL POLICY PLAN: 186.507 F.S.; 27-E-4 F.A.C. The comprehensive plan amendment is compatible with and furthers goals and policies of the East Central Florida Comprehensive Regional Policy Plan. List of goals, objectives and policies that indicate consistency with the East Central Florida Comprehensive Regional Policy Plan: 9J-5.021(4) F.A.C. EAST CENTRAL FLORIDA COMPREHENSIVE REGIONAL POLICY PLAN: Policy 57.1: 1,4, 5 Policy 58.1 Policy 64.2: 3 Policies 65.4, 65.5 Policy 67.2 NOTE: A Local comprehensive plan shall be consistent with a Comprehensive Regional Policy Plan or the State C9mprehensive Plan if the: local plan is compatible with and furthers such plans. 9J-5.021(1) F.A.C. The term Acompatible with=: means that the local plan is not in conflict with the State Comprehensive Plan or appropriate comprehensive regional policy plan. The term Afurthers=: means to take action in the direction of realizing goals or policies of the state or regional plan. 9J-5.021 (2) F.A.C. For the purposes of determining consistency of the local plan with the State Comprehensive Plan or the appropriate regional policy Local Planning Agency October 25, 2000 II Casseells Trust Amendment LS-CPA-I-OO plan the state or regional plan shall be construed as a whole and no specific goal and policy shall be construed or applied in isolation from the other goals and policies in the plans. 9J-5.021 (2) F.A.C. G. INTERGOVERNMENTAL COORDINATION: In accordance with the 1985 Interlocal Agreement [on notification and planning coordination - (Book 119, Page 89-188)] and Policy 1 under Objective D and Policy 1 under Objective F of the Intergovernmental Coordination Element of the City's Comprehensive Plan, the following governmental agencies have been notified of the this proposed comprehensive plan amendment: Seminole County (Planning Department - Comprehensive Planning Division) III. FINDINGS: · This general area along S.R. 434 in proximity to the beltway is experiencing development pressure.. Just to the west of the beltway, Hess Service Station has been built, Kash-N-Karry Food Store is about to be built as well as the 252 unit Courtney Springs Apartment complex. In recent years the McKinley's Mill residential subdivision was built on the south side of S.R. 434 just west of the subject property. Recently, the Battle Ridge property was approved for a 108 lot residential subdivision and conservation area. The City has created a higher density/intensity mixed use "GreeneWay Interchange District" modeled somewhat after the county's Higher Intensity Planned Development (HIPs) found around the airport, the 1-4 Corridor, etc. around a major transportation nexus. · The applicant's proposed Future Land Use Map "GreeneWay Interchange" is compatible with the commercial nature of an urban arterial such as S.R. 434, as well as with the existing commercial establishments in the general area of S.R. 434 on the south side. · The City Commission created the Future Land Use Map designation "GreeneWay Interchange" to encourage higher intensity and density mixed use development to take advantage of the increased commercial potential of areas near the transportation nexus of S.R. 434 and S.R. 417 (The GreeneWay. · The mixed use development of the GreeneWay Interchange district on the subject property is largely compatible with the existing land use of the property to the south where the Casscells Trust Property is also designated by the City on its Future Land Use Map as "GreeneWay Interchange". The proposed "GreeneWay Local Planning Agency October 25, 2000 12 Casscells Trust Amendment LS-CP A-] -00 Interchange" designation is also compatible with existing land use to the east where the 4 lane controlled access highway S.R. 417 (The GreeneWay) is located and just east of that is the conservation area (260 acres) of the Battle Ridge Property. To the north and east are established residences in the remainder of the county enclave. As mentioned, the City has development standards in its land development regulations to ensure minimal impacts on surrounding properties, such as buffering. The City's land development regulations and the site plan review process of the Development Review Committee can ensure the pn:vention or minimization of any potential nuisances. . The City has development standards in its land development regulations to ensure minimal impacts on surrounding properties, such as buffering. The State can require deceleration lanes and center turn lanes to maintain traffic flow. The City's land development regulations and the site plan review process of the Development Review Committee can ensure the prevention or minimization of potential nUisances. · The comprehensive plan amendment is compatible with the other elements of the City's Comprehensive Plan · The comprehensive plan amendment is compatible with and furthers elements of the State Comprehensive Plan, in Chapter 187 F.S. · The comprehensive plan amendment is compatible with and furthers elements of the East Central Florida Comprehensive Regional Policy Plan. IV. STAFF RECOMMENDATION: Based on the Staff Report and the Findings, staff recommends the Local Planning Agency make the following recommendation to the City Commission: 1. That the City Commission hold a first (transmittal) public hearing and transmit to the Department of Community Affairs the proposed Large Scale Comprehensive Plan Amendment (LS-CP A-I-00), to change the Future Land Use Map (FLUM) designation from Seminole County "Suburban Estates" (1 DU per acre maximum) to the City's FLUM designation of "GreeneWay Interchange" (mixed use - higher density and intensity) the Elizabeth Morse Foundation property on the Future Land Use Map of the Comprehensive Plan Land Use Element (Volume 2 of2); and 2. Hold a second public hearing, after receiving and reviewing the ORC Report, to adopt the plan amendment. Local Planning Agency October 25, 2000 13 Casscells Trust Amendment LS-CP A-I-DO ATTACHMENTS: A. Map of Subject Property. B. Supporting Data, Inventory & Analysis for the Proposed Comprehensive Plan Amendment LS-CP A-I-00 Local Planning Agency October 25,2000 14 Casscells Trust Amendment LS-CP A -1-00 ATTACHMENT A }~..i::. ... ~ ''';'' 'fl." :I; ,'r.' P.'I.YJl: 'Ii' . . 1'., /'. r;: '. ~'r:'" ~ '" r.l/. ;~,':il~ .:\,~~~.:.': ~ ,; . , . ~~/ -; '. . \'.i~\r"", .1 .~~ r...~ MORRIS FOUNDATION TRACT LEGAL DESCRIPTION Page 1 of 2 DESCRIPTION AS FURNISr Lois 1,2,J,4,5 and 6, Seccion J2, Township 20 South, Range J 1 [ast; ALSO Lots 1.2,J,7, lJnd 8 of Section 5, Township 21 South, Range Jl [ast, (Less' beginning .. 20 feel [asl of and 274.1 feet Saulh of Ihe NW corner of Lot. J, . Section . 5; rur. East J66.6 feel (J46.6 field), N 06'. 05' E,' 507.3 feet; N 0'.12' E, J21.7 feet, S.8T J2'I\',.: 19J feel, N 04' 30' W, 269.1 feet, S 89' '04' E, 652.1 feet, S '89' 56'E," ....' ". . 420 feet, N 241.9 feet to shore of Lake "Jessup, Westerly along shore" 1 ,286.. . . . f~el to Ihe East line of Spring Avenue; South 1.173 feet to beginning), being 9.7 . :Jeres, more or less: All above real properly being 0 pert of. the' Phillip R. .:. . . Young Gronl accordmg to the plot Ihereof: os recorded In Plot Book '1,' Page 35,' Public Records of Seminole County, Florida'. '. .. ALSO A right of ingress and egress over thai' 1 O-foot' strip of land adjoining'. and' running along the Northerly side of a line' commencing 20 feel East and 275. I feel Soulh of the NW corner of Lot'J of See/ion 5, Township 21 South, Range '31 Easl. run East J66.6 feet and 0 right' of Ingress' and egress' over' Ihat 10-fool slrip of land adjoining and running along' the; Westerly side of' line commencing 366.6 feel Easl of 0 point 20 feel East and 274.1 feel .South of': the NIV' corner of' Lol 3, See/ion 5, Township 21 South, I?ange. 3 1 Eosl, :run N. 06', 05',':E,:: 507.3 :..-;......... '.. feel; Ihence N 00' 12' E.. 32 1.7 feet,' ~aid Lol,,3. :appears 'in Ihe. plot of. .'. .': '. '.; . ':.: ',. ';'" . Phillip R. Young Grant os . recorded,in Pial .,Book 1,. Page :.35 . of the' Publit; Records' of Seminole County, Florida. .. . . Less the East 25 feel of Lois 2' and B o('said See/fan 5; less West 25 feet. of Lots 1,3 and 7 of said Section 5 and les's West 25 feet .of Lot 2 and Ea:;t. 25 feet. '.. ()f Lot J of said . See/ion J2.' LESS A port of Lot I, Section 5, Township. 21 . So'uth~'. Range J'1:: '[ost. . and . Lots "1.2, and'.:: .3. Section .32, Township 20 South, Range JI East. of the. Phillip' R. . Young Gran/,.: . according to Ihe pIal Ihereof os recorded. in Pial. Book'.1, Page: '35.. of. the Pul.lic Records of Seminole Co'unly, Florida, being' more 'particularly : described' os ". .... follows: ." Commence at the NE corner of said Seclion 5; Ihence. run S 88' 49' J9".' 'IV: nlon'] Ihe North line of soid Section 5, 0 distance of .189.88 teet 10 Ihe N[ corner Oi'. said Lot /, Section 5 of the Phillip R. Young Grant for 0 point of beginning:' . thence run S. 04' 42' 40" W along Ihe' East line or said. Lot I, Section 5,. o. distance of 665.23 feel to the SE comi?r of said Lot 1,. Section 5: Ihence 'run S 88' 49' J9" IV along Ihe South line of'said Lot 1,' Section 5,"0 distance' of 204.J9 feet; thence deporting said Soulh line run N 25' 45' 00" W...a 'distance. '.: ()f I,J86.79 fc!d 10 0 puint on the Eo:.t line of Ihe. West. 25.00 feel or. said Lot 2, 5~di.jn J.:.', 1I1<:III:e r,,1l tI Ill' 17'.12" W along said [ost line.o distoni.:c' of '-1U3.~0 fcd tu oJ puiol ,.)11 IlIe (J.:;rth line of said tot 2, Section J2;' thence.: d~fltJrtinoJ ')O;.) r '01-;1 1;:1e: 1,In ~. ~ J" 47' 20. [olone]'. ~oid North line'. 0. distance tJf 9./9.0J fat ttJ the tI[ c.:.r:ier :of SJiJ 1.01 /;. See/Ion J2:: Illcnc~ run.. ',":: S D.r -12' .16" IV along Ihe {usf line uf SJitl. ltJl 1'" See/ion J2, 0 dislance Of 391.00 feel ttJ the point of bc!Cj;nn;nf). MORRIS FOUNDATION TRACT LEGAL DESCRJPTION Page 2 of2 AND ALSO LESS \. . ". . . Cummence at Ihe N[ corner of said See'Iion 5 also being the 0$[. corner, of $,)id See/ion J2; .Ihence run S 88. 49' J9MW along the North. line. of. soid. Section 5, also being Ihe South line of soid' Section J2, 0 distance of '1,088.05. .feel 100.. point on Ihe Wesl line of Ihe Easl 25..00 feet of said Lol 3;Seclion .32; Ih;"ncc. . deporting Ihe South line of soid Seelion 5 and .the' South" line' of. soid . Seelion 32, run N or 17' 12M IV olong said Wesl line, 0 dislonce of 709.22 {t!el lor.o point of beginning; lhence deporting.soid !Vest line run N 25. 4~' OO....IV..o. dislonce of 10J.97 feel; Ihence run.S 88' 46' 48". W 0 dislonce of.69.9J. ;eet 10 0 pOlnl on"'Ihe Eosl line 0(' Amehd(~d Pial of First. Addition 10: Minerol .' '.' Springs. occording to the plot there,:.f, as .recorded in Plct. Boo.k. 8, PClge$ 400.'(/. .1/ of the f-ut.lic Records of Semi.1'ole County; Florida;' thbncci nj~"'..!oJ (. t. Co:)' .~ :;:": ;./ along' said [ost line c.) dislance of 225.66. feet to a poinl. on the North' lille 0(.' said Lol J, Seclion J2: thence deporting said Eost line. rUI' S' 8J. '47",20.>... [ :: '. .:JIang said North line, 0 distance 01 IlJ.-1j feel to 0 point of Ihe aforesaid.'. . IVest line of the [osl 25.00 feet 01 soid lot J, Seclion .32; Ihence deporting soid Norlh line run:) 0/' .17' 12" [ olon'} said Wesl linea dislonce'..'of 'J05.58 leel 10 the point of beginning. ALSO LESS A porI of Ihe Wesl 25.00 feel of Lol 2 and Ihe [ost 25.00" fe'~1 'of Lol J, See/ion .32, Township 20 South, Range J 1. [osl of Ihe Phillip R. Young Gronl, according to fhe plot Ihereof, os recorded in PIal Book .1, Page J5 of Ihe. Public Records .cr Seminole Counly, Florida. being more' pa:-l,iculorly described os follows: .' . Commence 01 Ihe SE corner of said Section 32; Ihence run S 88' 49' J9" W along' the Soulh line of said See/ion J2, 0 dislance of 1,OJ8.05 feel 10 a point Of' Ihe East line of Ihe West 25.00 feel of soid Lol 2; thence 'deporting said Soulh' line run N 01' 17' 12" IV along said Easl line 0 distance of 599.42 feet for 0 point. of beginning; thence deporting said Eos! line run N 25' 45' 00" W o. distance 'of 120.74 feel 10 0 poinl on' the Wesl line of Ihe' Easl 25.00. feet of said Lot J; thence run NOr 17' /2" W along said Wesl line 0 dislonce of. J05.58 . feel to 0 poinl on Ihe North line of said Lot J; Ihence deporling said Wesl . line run . S 83' 47' 20" [ along the North line of said Lot 2 and 3 0 distance of 50.4J feet to 0 point on the East line of. the West .25.00 feel of said Lot. 2; thence deporting soid North. line run S 01"' 17' /2" E olong said East line 0. dislonce. of 408.90 feet to the point of beginning.. ;. , . ,.. I. .. . . ATTACHMENT B ATTACHMENT C ATTACHMENT D .;V:J.,.. ">U,)-I;li.,). --.-.... ..-..-....... .~ -.,...-....-. -MENT RE- CASSELBERRY HOEDOWNERS, PAIRS '855-6964. ,eets the AND SPARES SQUARE DANCE CLUB: meets CENTRAL FLORIDA t;Q1 CLUB: meets 1. Details: : every Sunday. Details: Norma Newton at L 407-273-2561 or Mavis Hewitt at 407- UCE OFFI- : 869-0083. 407-384- ~ CENTRAL FLORIDA AMATEUR SOFT- ;, 'BALL ASSOCIATION: meets the first UTHORITY i:Wednesday of each quarter (January, ~ first Sat- " April, July and October). Details: Tony 407-830- :' Galloway or Marc Hultin at 407-696- , 9880. HERS, OR- ;. CENTRAL FLORIDA BONSAI CLUB: ~nesday (,meets the second and fourth Fridays of 0607. ';.' the month. Details: Marge Pierce at 407- JCIATION: : 331-4122. Ie month. ~ CENTRAL FLORIDA BRIDGE CLUB, -8346. ~'A.B.A. INC.: meets the every Friday. De- l EDUCA-., tails: 407-238-1172 or 407-298-1273. dY of the: , CENTRAL FLORIDA CAVERS: a local 407-M4- l' grotto of the National Speleological So- t.- ciety; meets the first Friday of the XIATlON- ( month. This group is dedicated to the ~ County r education, exploration and preservation lesday of ! of air-filled caves in the United States. 31. ,Details: Carl Reiche at407-M4-9444. OA CHAP- :. CENTRAL FLORIDA CHAPTER OF THE lY of the i." COCA-COLA COLLECTORS CLUB:' meets . , I the third Thursday of the month. Details: . GROUP:: Joe Ferguson, president. at 407.859- Wednes- ' 8504. Wright at CENTRAL FLORIDA CHESS, CLUB: 'meets every Saturday. Details: 407-629- ,bin tennis :.. 6946 or 407-249-0782. !tails: 407- : CENTRAL FLORIDA COIN CLUB: meets the second and fourth Wednesdays of . the month. Details: Jack Sellards 'at 407- , 889-3658. CENTRAL FLORIDA FLYRODDERS: meets the first Wednesday of the month. Details: Earl Warren at 407-277~3538. 'ICERS AS- CENTRAL FLORIDA GEM AND MINERAL day of the ,'SOCIETY: meets monthly. Details: Ed Me- president, trin at 407-321-7462. CENTRAL FLORIDA GENEALOGICAL SOCIETY: meets the second Thursday of the month September through May. De- tails: Lynne Knorr, president, at 407-894- 8518. CENTRAL FLORIDA HISTORICAL RAIL- ROAD MODELERS: meets every Saturday. '. FLORIDA: Details: Don Perry, president, at 407-823- he month. 8307 or Russ Uvingston, treasurer, at 407-658-0526. CENTRAL FLORIDA HOMEBREWERS: a group dedicated to brewing and drink- ing better beer; meets the first Sunday of )Jial J: details: 1. -100: a so- tndayand 33 or 407- CENTRAL ilonday of ch at 407- tist 'ChurJch ~ 6:30 PM . THURS 7 :30PM 1-4 434 ~ oo,j cD N tN :t Ell ~. Gl I~ t , , ., 69'6.5110 a Rdl Winter Springs fishing club; meets the second M.o:nday of the month. Details: 407 -671-6915': '. , .' . ,./.' .... , NOTICE, OF CHANGE TO THE FUTURE LAND USE MAP .' /\=: -,,', ELIZABETH MORSE FOUNDATION PROPERTY NOTICE IS HEREBY GIVEN THAT THE LOCAL PLANNING AGENCY OF THE CITY OF WINTER SPRINGS WILL HOLD A PUBLIC HEARING ON, A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT PROPOSAL TO CHANGE THE FUTURE LAND US'E MAP DESIGNATlON,FROM COUNTY "SUBUR.BAN ESTATES" (I DU PER. ACRE MAX) TO CITY "GREENWAY INTERCHANGE DISTRICT" ON THE ELIZABETH MORSE FOUNDATION PROPERTY. (SEE MAP) 'i," 0 I ~ ( 0 ('l ~ .-+ 0 cr (t) 0 .., ...... C/.l ~~ m N Z 0 ....j 0 0 ~ r< A PUBLIC HEARING ON THE PROPOSED LARGE ~CALE COMPREHEN- SIVE PLAN AMENDMENT WILL BE HELD ON OCTOBER 25,2000 AT 7:00 P.M. A FIRST (TRANSMITTAL) PUBLIC HEARING ON THIS PRO- POSED PLAN AMENDMENT BY THE CITY COMMISSION WILL BE HELD ON NOVEMBER 13, 2000 AT 6:30 P.M. .. THESE PUBLIC HEARINGS WILL TAKE PLACE AT CITY HALL, 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. INTERESTED PERSONS MAY ATTEND AND BE HEARD. ' ADDITIONAL INFORMATION PERTAINING TO THE ABOVE MAY'BE OBTAINED FROM THE CITY CLERK'S OFFICE AT 1126 'EAST STATE ROAD :04, WINTER SPRINGS, FLORIDA. FOR MORE INFORMATION CALL (407) 327-1800 #227. ' PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICI- PATE IN ANY Of THESE PROCEEDINGS SHOULD CONTACT THE . ' / EMPLOYEE RELATIONS DEPARTMENT COORDINATOR, 48 HOURS IN ADVANCE OF THE MEETING AT (407) 327-1800 #236. THIS [S A PUBLIC HEARING. IF YOU DECIDE TO APPEAL ANYREC- OMMENDATlON/DECISION MADE BY THE LOCAL PLANNING AGENCY OR THE CITY COMMISSION WITH RESPECf TO,ANY MAT- . TER CONSIDERED AT THIS MEETING, YOU WILL NEED A RECORD OF THE PROCEEDINGS, AND, FOR SUCH PURPOSES, YOU MAY NEED TO Et'lSURE THAT A VERI3ATIM RECORD OFTHE PROCEED[NGSIS MADE UPON WHICH THE APPEAL IS TO BE BASED. m 8 ~ c~~!.c~ CITY CLERK m ~ ~ I I I I I I I I I I I I I I I I I I I MORSE FOUNDATION TRACT COMPREHENSIVE PLAN AMENDMENT CITY OF WINTER SPRINGS, FLORIDA Prepared for: Margaret Casscells and F'izzuti Development Co. Prepa~ed by: " II 21' ;J I v~.; ~~~Il'vV HENDERSON PLANNING HPG GROUP, INC. August 2, 2000 I I I I I I 'I I I ,I I I I I I I I I I MORSE FOUNDATION TRACT COMPREHENSIVE PLAN AMENDMENT TABLE OF CONTENTS PART I - APPLICATION AN][) LEGAL DESCRIPTION 1.1 Application and Legal Description 1.2 Agent Authorization P ART II - LAND USE AMENDMENT NARRATIVE 2.1 Subject Property 2.2 Adjacent Land Use 2.3 Area Zoning 2.4 Approved Future Land Use 2.5 Proposed Future Land Use Amendment Request 2.6 Statement of Compatibility 2.7 GreeneWay Interchange District 2.8 Urban Sprawl 2.9 Future Land Use Element 2.9.1 Goal 2 Review 2.9.2 Goal 3 Review 2.9.3 Goal 4 Review 2.10 Infrastructure 2.11 Wetlands 2.12 Soils 2.13 Flood Hazard Areas 2.14 East Central Florida Regional Planning Council and State Comprehensive Land Use Plan I I ,I I I I I I I I I I I I I: !I I I .1 PART I A~PPLICATION and LEGAL DESCRIPTION I I I I I I' I I I I I I I I I I 'I I I Part 1.1 Application & Legal Description ;1 I I I I I 'I I I I I I I I I I I I I CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708.2799 Telephone (407) 327.1800 APPLICATION FOR COMPREHENSIVE PLAN AMEND:MENT TO MAPS (OTIIER 'I1IAN FUTURE LAND USE :MAP) APPLICANT: Henderson Planning Group, Inc. Last First Middle ADDRESS: 112 South Lake Avenue .Orlando City FL State 32801 Zip Code PHONE: 407-872-3025 This is a request for change to Future Land Use Map in the Future Land Use EI~ment in Volume, 2 of 20f the City of winter Springs Comprehensive Plan as adopted April 27, 1992 and as amended from time to time. Reason for request of change of Future Land Use Designation: . To establish a Future Land Use Designation on the Morris Foundation property recently annexed into the City of Winter Springs. TO BE SUPPLIED AT TIME OF SUBMISSION OF APPLICATION: * Comprehensive Plan.. Copy of proposed map * .Comprehensive Plan ication Fee. Applicant/Ow~nature: Date: August 2, 2000 Henderson Planning Group, Inc. '1 I I I I I '11 I I I I I I. I I I I I I MORJUS FOUNDATION TRACT LEGAL DESCRIPTION Page 1 of2 DESCRIPTION AS FURNISr' . . Lots /,2,3,4,5 and 6, Seclion 32, Township 20' South, Range 3' [ost.. ALSO Lots 1.2.J,7, and 8 of Seelion 5, Township 21 South, Range 31 East,. (Less' beginning .'. 20 feet East of and 274./ feet South of the NW corner of Lot. 3, . Section . 5; rur:' East J66.6 feet (346.6 field), N 06'. OS' [,' SOi'.J feet; N 0...12' E, 321.7 feet, S.8/ 32W,.: /9J feet, N 04' JO' W, 269.1 feet,'S 89' '04' E, 652.1 feet, S '89. 56'[," .....' ". . 420 feet, N 241.9 feet to shore of Lake' Jessup, Westerly'along shore.'1,286.... .' f~et to the East line of Spring Avenue: South 1, 17J feet to beginning), being 97.. :Jcres, more or less: All above real property being a pert of. the' Phillip R. ." Young Grant occordmg to the plot thereof: os recorded In Plot Book '1,' Page 35,' PlIblic Records of Seminole County, F1oridd:. . .: , ' ALSO' A right of ingress and egress Over thot'1 O-foot strip of land adjoining and' running along the Norlherly side of 0 line' commencing 20 feet East and 275. I feel South of the NW corner of Lot'3 of Section 5, Township 21 South, Range' 3 l' East, run EastJ66.6 feet and 0 righf.'of Ingress and egress' over that 10-foot . strip of land adjoining and running along' the: Westerly 'side of line commencing. . J66.6 feet East of 0 point 20 feet East and 274.1 . feet .South of. the NIV: corner (jf Lot J, Section 5; Township 21 South, Range. 3 1 East, run N.05', 05'.'E,:: 507.J :..-;. " ........ ... :.< feet; thence N 00' 12' E.,' 321.7 feet,' !;aid Lot.3.:appears'"in the.plat of.:.':'.': ,'....:....: . ". Phillip R. Young Grant os recorded,;n. Plot, Book 1,. Page ~'35' of the "Public Records" . . of Seminole County, Florida. '. '.' . . .:'. ..' . . . . ~ '" . '. Less the East 25 feet of Lots 2' and 8 o('said See lion 5; less' West 25 feet. of Lots I,J and 7 of said Seelion 5 and les's West 25. feet .of Lot. 2' and East. 25 feet..:. of Lot J of said 'Section 32,' " ,..... .. LESS . . .1...... A port of Lot I, Section 5, Township.:21 .South~'.Range' Jl:''East,''c:ind'Lot's "1,2, and'.:: J, Section J2. Township 20 South, RangeJ 1 East. of the,. Phillip' R. . Young Grant,.. . . occori:Jing to the plot tf!ereof os: recorded.,in Pial. Book'.1, Page: 35. .of. the Public' . Records of Seminole County, Florida, being more particularly. described os ". '.' follows: . .' . ..' , . Commence at the NE corner of said SectIon' '5; thence. run S' 88' 49' .39".' 'IV: nJang the North line of said Section 5, 0 distance of .189.88. feet to the NE corner: oi'. said Lot I, Section 5 of the Phillip R. Young Giant for 0 point of beginning;' ' thence run S. 04' 42' 40" W along the Eosl' line of said. Lot 1, Section 5,. o. distance of 665.2J feet to the SE corn~r of said Lot 1" Section 5; thence 'run' . S 88' 49' J9" IV along Ihe South line of 'said Lot 1,' Section 5,' a distance of . ,... . 204.39 feet; thence. deporting said South line rim N 25' 45' 00" W,..a' distance. '.: . , of I,J86. 79 I~d to 0 p0inl on the Eost line of the. West 25,00 feet of said Lot '. 2. S::di"n J~. tllelll'c f.,1\ tI ,I l' 17.'. 12" W along said East line. a distance' of ..., 4U8,:Ju fcd tv J puillt ,)(J tflc fI.;Jflh line of said .Lot 2, Section J2:' thence..:- :" . defJor/in;) sui.} (',J'it lint: "In S.85' 47" 20." E olong', said North line' d. distance. .:. \:: ." of 9./9.0J f~et to the fiE ~\.,f:re' 'of SJiJ 1.01" 1;' Seclion '32:. thence' run:' >,-. . :, S 04' 42' ,/(/' IV along the Eust /i1\e vi SJiJ. Lot' ,~. Section J2, a distance .o( 391.00 feet to the point of b~C)inninf). I I I I I I 'I I I I I I I I I I I I I MORRIS FOUNDATION TRACT LEGAL DESCRIPTION Page 2 of2 ANn ALSO LESS . ' ..... . . . .'. . \. Cummence at the NE corner o( sOld Sllc'tion 5 0150 being" 'the -Sf: corner. 'of Sllid Section 32; thence run S 88' 49' J9" . W along the North line, of. soid Section 5, also being the South line o( said Section 32, 0 distance 'o( '1,088.05 .(eet to'o .. : point on the West line of the East 25.00 feet of said Lot. J,Section J2; th~ncc. . departing the South line of soid Section 5 and .the South" line' of. soid . Section .,' "... .' ' . . J2, run N 01' 17' 12u W o/ong said West line, a distance of 709.22 feet for'o . point of beginning; thence deporting soid West line run N. 25' 4~' '00". .IV. O' '. distonce of 1OJ.97 feet; thence run.S 88' 46' 48". W. 0 distance of.69.9J. feet . tei. a point on-"the East line of Amehded Plot of First, Addition to: MiJierol .; '.' Springs. according to the plot there,;,', os', recorded. in Plet, Book. B, PClges 450.,rt. .4/ of the ?ut.lic Records of Semi.'l'cAe Coulily;' Florida;' th6"Cu :ii,.:', N (. l' 0:"" .? 2": \.; along' said fast line II distance of 225.66. feet to a point. on the North li"e of.:. ..' said Lot J. Section J2; thence deporting said East line. ru" S' 83' '47",20'\ E ': .',., .:JIang said Narth line, 0 distance of , ,I3AJ Feet to a point of the oforesoid,.' '. \Vest line of the East 25.00 feet of said Lot J, 'Section J2; thence departing. said North line run SOl' .1 7' 12". E along said West line' 0 distance'.' of . J05.58 feet to the point of beginning. ALSO LESS ,'.r A port of the West 25.00 feet of Lot 2 and the Eos't '25.00" fe'~t'of Lot J, Section .32. Township 20 South, Ronge 31. East o'f the Phillip R. Young Gront. according to the plot thereof, as recorded in Plot Book.l, Page J5 of the Public Records .cf . Seminole County, Florida, being more,' particularly described as follows::,.. ' Commence at the SE corner of said Sectio~ 32; thence' run S 88' 49' J9" W olong" the South line of said Section 32, a distance of 1.0J8.05 feet to 0 point 0/1 the East line of the West 25.00 feet of said Lot 2; thencedepar/ing said South' line , run N 0 l' 17' 12" W o/ong 'said [ost line. 0 distance of 599.42 feet for a point of beginning; thence departing said [ost line run N 25' 45' 00" W a. distance .' 'of , 20.74 feet to a point on 'the West line of the' East 25.00, feet of said Lot J; thence run N 0 l' 17' 12" W along said West line 0 distance of, J05.58 feet to a point on the North line of soid Lot J;' thence' deporting said West. line run ' . " S 83. 47' 20" E %ng the North line of said' Lot' 2 and J a' distance of 50.43 feet to a point on the East line" of tile. West .25.00 feet of said Lot. 2: thence . departing said North. line run SO," 17' 12" E aiong said East line a. distance, :: 01 408.90 feet to the poInt of beginning.,. . , .,.. ", .... :. . . . . . . ~. '. . . .... " ;. . ',', .:,,:.'. . . . . . . . , .' ':".;',,:~,":.':,< ',', .... ..,' ," " " " . .: '.:.' "7:' . . ,.." .,.~ . l:' .- .,'. .. 67.850 TOTAL ACRES GNOT (XCLUDINC) ANY INT[.'?IOR PLA rTED P./W 0,'( LESS OUTS FER OESCRIPTlON I I I I I I :1 I I I I I. I I I I I I I ~ iJ ~ ~ ~ ~ ~ ~ ~ ~ ~ \ VJ. ~ ">- ~ ~ ~> -.30.. -:l GRAPHIC SCALE 3~ . .~.~~_~_ ,C,,.. . ,.,.,.,...,. --.~ =--- " - --- ---"- ",.. ( IN FEET ) 1 inch = 300 (L I I I I I I I r I I I I I I I I I ,I I I Part 1.2 Agent Authorization . .. I a 'I I I I 'I I I ., I I I I I I I I I July 21. JOOO TO WHOM n" MAY CONCERN: Thjlllc~ is 10 SCJ'Ve A$ .uthoriurion ror J. Scott Henderson of Henderson PI;.uWn& GToup. lnc. to loetVC as 'lgent on my behalf on matten related to the J\nncxation into Ihe City of Winter Springs. ComprebeTIsl\lle Pll1ln Amc::.odDtcnl. Planned Development zoning and AOAlDlU ilpprClV~ for lbc Casscdls site whLcb is a 325 AC! (ract IOCi&tc~ in Seminole COWlly. flori~ known as the Gcmius. MOrrl5 Property. ~#k~ Margarat CassceUs PTopm1 Owner 'The fOfF&Oln8 instrwnent W3,S aclmowledged before me mi.'..J 1_ day of July 2000 by MlU'gar~t Ca&5CCUs whl> is personally kDoWJ'l to me or has prod~cc:d identification ~",1 did/did not take an Qllth. ~J...o^^ ~ '" CU~l ~ No Public ffij\ eN (\1\ 9s0e\O (Prim", Type Name ofNo~) cofwtli:1~~ O . ~, ICNWi Y. OSORIO r _'-I \C1 -::4 MV COWlCSlON. cc nt~1 Li1; \ EXPI$IU: ~ 1e. 2002 Co _CA' E . ~~" n\~I;aOn lCpl I I 'I I I I I I I I I, I I I I I I I, I PART II LAND USE AMENDMENT NARRATIVE I I I I I I. /1 I 'I I 1/ , I I I' I I I I PART II - LAND USE AMENDMENT NARRATIVE 2.1 Subject Property The Morse Foundation tract is a 67.85 acre parcel located on the west side of the Greene W ay/SR 417, north of SR 434, south of Lake Jessup and east of Spring A venue. The Location Map (see Exhibit I) identifies the subject property in relation to the surrounding physical and natural features. 2.2 Adjacent Land Uses The aerial photograph (see Exhibit I) identifies the adjacent land uses which are more specifically defined as follows: North - Single Family/Conservation East - SR 417 /Greene W ay West - Single Family/Conservation South - Vacant The Site Aerial (see Exhibit I) identifies the land uses adjacent to the Morse Foundation Tract. 2.3 Area Zoning The Zoning Map (see Exhibit I) identifies the existing zoning on the surround properties which include: North - R-l (Seminole County) South - PUD & RU East - SR 417 & PLI (Seminole County) West - R-l & RM-l(Seminole County) Page -1- Comprehensive Plan Amendment Morse Foundation Tract I, I I I I I, 'I Ii 1\ ,I I I I I I, 'I I I, I 2.4 Approved Future Land Uses The subject property does not have an established future land use designation within the City of Winter Springs. The annexation of the Morse Foundation tract into the City of Winter Springs was completed in 1999. However, the annexation approval was separated from the Future Land Use designation which occurred due to a pending purchase and sale agreement wherein the prospective buyer was to pursue the Future Land Use and Zoning designation. That agreement has since been cancelled which resulted in the City completing the annexation of the subject property and the Future Land Use/Zoning application being withdrawn. The Future Land Use Map (see Exhibit I) identifies designations of the surrounding property as follows: North - Low Density Residential South - Mixed Use East - SR 417, GreeneWay/Public LandsIMixed Use West - Low Density Residential/Conservation/Mixed Use The subject property is currently an enclave within the City of Winter Springs Comprehensive Plan with no Future Land Use designation. The amendment presented herein will establish a Future Land Use designation consistent with the current mixed use designation to the south and southwest. There is existing residential along the perimeter ofthe subject property to the north and west. This is historic residential with older homes that are approximately 30 years or older with a number of mobile homes and a few newer homes. These residential areas remain within the jurisdiction of Seminole County and are a remaining enclave of County lands. Morse Foundation Tract Page -2- Comprehensive Plan Amendment I I I I I I, 'I I' I ,I I I' I, I I 'I' I I I 2.5 Proposed Future Land Use Amendment Request The request to amend the City of Winter Springs Comprehensive Plan, Future Land Use is to establish a Mixed Use designation on the subject property. This request is based on the existing Mixed Use designation on the Casscells tract to the south of the subject property as well as discussions with the City staff directing this application for a Mixed Use designation. Through this request, the staffs desire is to see the subject property and the Casscells tracts developed as a compatible and cohesive development under the GreeneWay Interchange District. It is the applicants' intent to comply with the staff request and, towards that end, the two properties (Morse Foundation and the Casscells parcels) are being evaluated to provide coordinated planning to present a cohesive development approach. 2.6 Statement of Compatibillity The City has viewed the subject property and the Casscells tract to the south as an important area to the futu:re growth of the City in view of its location at the SR 434/ GreeneWay interchange. The City has evaluated the desired development of this area and implemented the GreeneWay Interchange District to provide strict guidelines on the development to occur in this area. The Greene W ay Interchange District regulations are identified in Exhibit n. Once the Future Land use designation is established, the owner will pursue a GreeneWay Interchange zoning application. The application of the GreeneWay Interchange Zoning District will provide the necessary assurances of compatibility between the higher intensity commercial/office uses and the residential on the adjacent properties. Morse Foundation Tract Page -3- Comprehensive Plan Amendment I I I I I, I 'I ./ I' I " I I' I I' I I I I. I 2.7 GreeneWay Interchange District The City of Winter Springs has recognized the importance of the subject property (in combination with the Casscells tract to the south) as a part of the eastern gateway to the City of Winter Springs off the GreeneWay and SR 434. As a result, the City has established goals and design guidelines to set the direction for this key property. The City's vision of a mixed use development was the first step in providing guidance to the future development of this area. To ensure the development is properly implemented, the City has established the Greene W ay Interchange Zoning District (see Exhibit II). This district incorporates a variety of development requirements to ensure that the new development implements the City's intent. The design standards present the guidelines to provide for the appropriate compatibility between the various uses within the district as well as the adjacent properties. 2.8 URBAN SPRAWL 9J5.006 (5), Future Land Use Element, of the Florida Administrative Code pertains to the review of plans and plan amendments for discouraging urban sprawl. The following is a list of urban sprawl indicators with respective responses as to why this proposed Plan Amendment does not promote urban sprawl. Question A: Promotes, allows or designates for development substantial areas of the jurisdiction to d(~velop as low intensity, or single-use development or uses in excess of demonstrated need. Response: The subject property is within an area designated by the City of Winter Springs for urban development. Although the property is at the eastern edge of the City, the property is adj acent to the Greene W ay and directly associated with the Page -4- Comprehensive Plan Amendment Morse Foundation Tract I' I I II I I. 't f I I 1/ I' I 'I I '1 'I I I SR 434 corridor which serves as a major development node for the area. Urban development is planned and is occurring to the east, south and west thereby establishing this an infill area. The intensity of development on the subject property, under a mixed use designation, is consistent with the intent of the City at the time of annexation. Questions B: Promotes, allows or designates significant amounts of urban development to occur in rural areas at substantial distances from existing urban areas while leaping ovelr undeveloped lands which are available and suitable for development. Response: The subject property and the proposed development are within the area identified by the City for compact development. Through the proposed mixed use program, development of the property will provide for a higher concentration in a desirable location thereby reducing the influences of sprawling development to accommodate the growth demands in the City. Question C: Promotes, allows, or designates urban development in radial, strip, isolated or ribbon patterns generally emanating from existing rural developments. Response: The subject propelty is contiguous to the mixed use land use designation along SR 434. The configuration of the property offers a logical extension of the mixed use designation to the north along the GreeneWay. The existing conservation lands to the west create a natural limitation of any westerly strip expansion of the mixed use area. The development pattern on the south side Morse Foundation Tract Page -5- Comprehensive Plan Amendment I I I I I I " I: I I II I; '..... I 'I I :1 - I I of SR 434 is a compatible land use pattern for higher intensity land use along the GreeneWay. Question D: As a result of prE~mature or poorly planned conversion of rural land to other uses, fails to adequately to protect and conserve natural resources, such as wetlands, floodplains, native vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas, lakes, river, shorelines, beaches, bays, eSltuarine systems, and other significant natural systems. Response: The location of the subject property is outside the primary conservation areas of Lake Jessup as indicated on the current Future Land Use Map (See Exhibit I). There is existing single family and mobile home development between the subject property and Lake Jessup. By remaining outside the conservation lands associated with the lake, the proposed land use does not conflict with this policy. Question E: Fails to adequately protect use of existing public facilities and services. Response: The proposed land use is in direct response to the change in the land use pattern for the area created by the construction of the GreeneWay and the interchange with SR 434. Adequate public facilities and services are existing or planned to support urban development in this area. Question F: Fails to maximize use of future public facilities and services. Response: By clustering higher intensity land uses in proximity to existing and planned public facilities and services, this proposal reduces the sprawl character of Page -6- Comprehensive Plan Amendment Morse Foundation Tract I I I I. ~ ,I I / I I 1\ I ;1 I, '1\ Ii I I I I development that would occur if the intensities of this proposal would not be approved. Question G: Allows for land Ulse patterns or timing which disproportionately increase the cost in time, money and energy, of providing and maintaining facilities and services, induding roads, potable water, sanitary sewer, stormwater management, law enforcement, education, health care, fire and emergency response, and general government. Response: The proposed development will not adversely impact the availability of capacity in the supporting infrastructure. Development of the subject property will comply with the City of Winter Springs Concurrency Management System ensuring that there will be adequate capacity for roads, sewer, water and stormwater. The subject property is located in close proximity and within urban response times for the City services for law enforcement, health care, fire and emergency servIces. Question H: Fails to provide clear separation between rural and urban land uses. Response: The location of the subject property between SR 434 and the GreeneWay provides a clear separation between the urban land uses of the area and any rural areas occurring a considerable distance to the east and outside the City. Question I: Discourages or inhibits in fill development or redevelopment of existing neighborhoods and communities. Page -7- Comprehensive Plan Amendmenl Morse Foundation Tract 'I I I' ',-." I I ..- Ii I I I I I: II II 'I I I I ,_.",J I I Response: The proposed land use will encourage infill development by shortening the distances from commercial and office land uses that are otherwise located in the Oviedo Mall area, or other areas outside the City. Question J: Fails to encourage an attractive and functional mix of uses. Response: By definition, the project will be a mixed use development that is the focus of this policy. Question K: Results in poor accessibility among linked or related land uses. Response: The subject property is linked by proximity to the adjacent mixed use land use and is intended to be developed in a manner to ensure compatibility and an inter-relation of land uses. Question L: Results in loss of significant amounts of functional open space. Response: Development of the subject property will comply with applicable regulations and criteria relating to the functional open space. The Greene W ay Interchange District has specific open space criteria to ensure compliance and an adequate provision of functional open space. 2.9 Future Land Use Element 2.9.1 Goal (2) To preserve the natural drainage features within Winter Springs as assets complementing the residential and commercial area. Morse Foundation Tract Page -8- Comprehensive Plan Amendment I I I I' - I I I I I I I I I I ,I "I I I Comment: The natural drainage character ofthe area focuses on the wetlands associated with Lake Jessup. Development of the property will evaluate these characteristics and comply with applicable City and State criteria related to this natural feature. Objective (A): Perpetua.tion of the existence and benefit of natural drainage features, excluding thE:m from uses that require the support of urban infrastructure. Policy A 2: The precise boundaries of land to be permanently classified Conservation shall be those jurisdictional lines prescribed by State agencies at the time of field review preparatory to engineering contiguous property for development. Comment: Development of the property will comply with all City and State Water Management District criteria to ensure that the area drainage is properly addressed and protected from adverse impacts that could occur in association with development. Policy A 2 B: Require all wetlands to be accurately identified at the time of site development review. Alternation of wetlands may be permitted, however specific mitigation standards lin accordance with policies of the St. Johns Water Manar:ement District will be established to ensure no net loss of wetlands either by functional value or (~xtent. Comment: Development of the property will comply with the St. Johns River Water Management District criteria for identification of wetlands, preservation and/or mitigation per the Water Management District criteria. Page -9- Comprehensive Plan Amendment Morse Foundation Tract I I I I I I I I I I I I I I I I I I I Policy A 2 F: Wetlands shall be delineated on the site plan according to DER, SJRWMD, and US ACOE definitions, whichever standard is more restrictive. Wetlands shall mean those areas established as jurisdictional by the above agencies. Comment: The project wi.ll comply. Policy A 2 G: Developments adjacent to Lake Jessup shall not be permitted to include Light Industrial, Industrial, or Commercial Land Uses. Comment: The location of the subject property is not abutting Lake Jessup. The existing residential lands provide a buffer between the lake and the proposed mixed use. 2.9.2 GOAL 3 Once the precedilng goals are satisfied, land uses assigned to the balance of the undeveloped property will reflect priorities of unmet needs for residential and dvic-commercial construction determined by on-going review and analysis of population projections and residents' demographic characteristics allld the feasibility of commercial growth. The siting ofland uses will be amended as necessary over time to adjust to changes in these variable factors. Objective C: Allocation of acreage and diversity ofland uses sufficient for civic, commercial, and industrial activity, either separately or within a mixed use classification. Page -10- Comprehensive Plan Amendment Morse Foundation Tract I I I I I I I I I I I I I I I I I I I Policy 1: Mixed use classntications are created to allow flexibility and efficiency to development design. The reviewed land development regulations, to be adopted by the statutory deadline, shall contain specific standards relating to density and intensity provisions for each mixed land use category, minimum requirements for allocation of residential, commercial, industrial and open space land uses, impervious surface ratios, and landscaping and buffering. Development standards for the Mixed Use classification shall include: Densitv: No mixed use development shall exceed a gross residential density of 1 0 dwelling units per gross acre. Proportion of Uses: No mixed use shall have a non-residential use exceeding 50% of the gross land area. Open space shall not be less than 20%, and public uses, utilities or wetland conservation easements not less than 5%. Residential uses may take up to 75% of 1the gross land area. Impervious Surface Ration, Maximum Heieht and Floor Area Ratios: In the mixed use category, for commercial uses, intensity of use shall be limited by a maximum impervious surface ratio of 70%, maximum height of 50 feet and a FAR of 1.0. Comment: Adoption by the City of the GreeneWay Interchange Zoning District, establishes the specific criteria under which the subject property will be governed. Development of the subject property will comply with the GreeneWay Interchange District. Morse Foundation Tract Page -11- Comprehensive Plan Amendmen( I I I I' I I I I I I I I I I I I I I I 2.9.3 GOAL 4 To verify that all development adheres to Concurrency requirements based on the relevant levels of service established for public services and facilities in this plan. Objective B: Prior to graJ[)ting a development order for non-Residential projects, the City must be assured that at the time of impact of a new development or phase thereof, all Concurrency requirements are met and no level of service set by a relevant jurisdiction willi be degraded below its standard or before its budgeted timetable for improvemc~nt. Policy 1: DeterminatioJn shall be made that the traffic generated by non- Residential development can be accommodated both on-site and off-site. Policy 1 a: The (:riteria established in the Transportation Concurrency Ordinance being drawn up at present shall guide the City's decision that a development mayor may not be permitted. Policy 1 b: Standards to be included in revised land development regulations will be applied to new development to provide internal traffic circulation, adequate parking, pathways, access to adjacent property if appropriate, and control of access to major roads. Policy 2: All non-residential projects shall be landscaped according to standards to be drawn up relating quantity of green area to intensity of activity and including xeriscaped areas. Page -12- Comprehensive Plan Amendment Morse Foundation Tract I I I I I I I I I I I I I. I I I I I I Policy 3: Adherence to regulations on sign age, lighting, and outdoor display and storage will be determinl~d. Policy 4: Review by any applicable citizen board of business owners' association with respect to architectural control or community appearance standards adopted by the City shall be concluded. Policy 5: Provision shall be made for proper solid waste storage and collection. Policy 6: Plans for potable water and sanitary sewer service will have been reviewed and approved by the City, as well as for stormwater management and for irrigation through neuse of wastewater effluent. Comment: Development of the subject property will comply with all applicable City regulations. 2.10 Infrastructure 2.10.1 Roads: The subject property is accessed off SR 434 which recently been improved as a 4-1ane divided arterial highway. The SR 434 improvements, combined with the GreeneWay and the Interchange with SR 434, provide adequate capacity to accommodate development of the property. 2.10.2 Wastewater: Service to accommodate development of the property is available along SR 434 with adequate service capacity to accommodate development. 2.10.3 W ater: Water service is available along SR 434 with adequate capacity to serve the project. Morse Foundation Tract Page -13- Comprehensive Plan Amendment I I I I I I I I I I I I I I I I I I I 2.11 Wetlands The subject property contains some wetland areas as identified in the environmental assessment prepared by Lotspeich & Associates, dated March 30, 1999 (see Exhibit III). The site analysis is limited to an inventory of potential site wetlands. The limit of the wetlands has not been configured by the St. John River Water Management District or the US Army Corp of Engineers. Development of the subject property will take into account the site conditions, the character of the wetlands, proposed development and the alternative of on-site or off- site mitigation as appropriate and permitted by the S1. Johns River Water Management District and the US Army Corp of Engineers. 2.12 Soils The on-site soils, as identified by the Soils & Conservation Service, are identified in Exhibit I. These soils identify both suitable and unsuitable soil conditions. The development application for the property will further evaluate the site soils and provide guidance into the master site planning. Impacts in areas with unsuitable soils, if any, will be addressed in the development process. 2.13 Flood Hazard Area A portion ofthe subject property is located within the I OO-year flood hazard area (see FEMA Flood Map Exhilbit I). Development ofthe property will address this existing condition and properly mitigate for any encroachments within the flood hazard areas. The development plans and mitigation offlood impacts shall comply with the S1. Johns River Water Management District criteria. Page -14- Comprehensive Plan Amendment Morse Foundation Tract I I I I I I I I I I I I I I I I I I I 2.14 East Central Florida Regional Planning Council Regional Plan and State Comprehensive Land Use Plan The application to amend the Winter Springs Comprehensive Plan is consistent with both the East Central Florida Regional Planning Council Regional Plan and the State Comprehensive Land Use Plan. Page-15- Comprehensive Plan Amendment Morse Foundation Tract I I I I. I I I I I I I I I I I I I I I EXHIBITS I I I I I I I I I I I I I I I I I I I EXHIBIT I MAP SERIES I I I I I I LOC.ATION MAP I I I I I ~~ I I }\BKlAL .~ .J ::,1~1 . \!J1:;:', \_1 ,~i~'l. f4'~ #:.':}:.i\.t::~~ I I ZOlNING MAP LEGEND \ '~\ PUD - Planned Unit Developme~t \, R-U - Rural Urban \. \ t- 11 A- 1 0 - Agriculture \, ' R-U - Rural Urban \ \ PLI - Public Lands and Institution~\ RM- 1 - Residential Mobile Dome \ R- I - Residential Dome I I I' I I I pun "'__.___~.._.......~ .~ ....r.........."...".... -'...~,r ,t.. .....-- r..'r-l.~.~---:--.i~...,G'.-:.-:!.".;.. /''- !! II II, I I, J i! I " . L.JL____L.~_,..L...J..".U..LL " I ,';.-1: .. >', .._~~,j! , <.:<: '. '~;-;:;~I \'~:~~i L~~--2- ,...~~. ,-:f-, ''"' '>>:,; &-1 i ,-'y---- -< 'Y-~:' '~~,~~~: ...I I Ie-I I K-U I .........-.....---./ pun, pun --/;rl-g'l' 4 '%4 - .-'''':1''- - "-a. . " ,I. 'I .' _. "'- -_-...- '. :- ~--'-......--'- I I ..~ .. . ,". ". ........-....-: . ". '....:~., "'. I I I ....... ". _,..~~_. __ _.................... "-"r , ~ -. '-'\., ' :~_c ;:'~-,' A-IO \ A-I : -"~r '~)'''' \ I ; . n[ (''': ....- . -'\ . . . '. ,-- r---~<-;-,--. .-^-".- . .K. I I FUTURE LAND USE I \\MAP LEGEND \~ I LDR - Low Density Residential COMM - Commercial \ Mixed Use I R-IO - Residential max. 10 DU/ AC \ PUBO - Public Other Govt. Owned CONS - Conservation \ i OJIIIIDJitoI ~-~UBO \ \ \ \ I I ell Ii I I I I I I I I L....._-...- MIXED USE RIO I I' CONS I LDR I--'j II I ! MIXED I: USEl I I I !l' C~MM ~ J ~ ! I I I I i t-- .- CbMM ;--) , ! . I I 1-1.) I i I =1= l--r ..../' I I I \LC __L.;..LLD&r _.,,~ I ,I I I ! I ' --{C I' . , I' _./( Ii! , ! . , . I , < , I I SOILS MAP I I r~ ---------.,-( I I I i l-_.___ I 'I I 10 10 , \\ ' '''---...i..___~_..:. ,...---r-;:::::I- , ~- J --- .Jill. ! "1 \ j , , , I',,! \ . _ _........_u......L.1~ II I -CT1rn ,rLh .,..++--,.. I":!', I, L..l..-L.L1 ~ h'\TJj rTT _w~_;.... ',,- \ (/ ~.J ( I I I I I I I I I I I I I I I I I I I EXHIBIT II GREENEW A Y INTERCHANGE DISTRICT I I' I I I I I I I I. ,I I, I I I I I ) I I GREENEWAY INTEllCI-IANGE ZONING DISTRICT DIVISION 3. DISTRICT REQUIREMENTS Sec. 20-483 Purpose. The GreeneWay Interchange District is designed as a mixed-use category which combines a strategy to attract higher density residential and commercial enterprises oriented toward a major transportation nexus of an expressway and arterial road and minimize urban sprawl. This district is specifically designed to: a. Provide high density residential development in close proximity to economic centers for employees. b. Discourage urban sprawl by clustering economic development activities along growth corridors. c. Promote business development in close proximity to the regional road network providing high visibility and convenient access. d. Ensure sufficient availability of land to realize the economic development needs of the City. e. Provide for choice and diversity in living arrangements and work environments. Sec. 20-484 General Uses and Intensities. (1) The GreeneWay Interchange Development District is designed to provide a variety ofland uses, development intensities, and target industry development. The uses are: a. Planned commercial developments, corporate business parks, office complexes, commercial, service and hotel uses. b. Planned medium to high-density residential developments. c. Planned mixed-use developments. (2) Development Intensities: The City shall apply the following development intensities. The criteria for establishing appropriate intensities include, but are not limited to, compatibility with surrounding existing and planned uses, adequacy of existing and programmed City services and facilities, economic development objectives, and consistency with the City's Comprehensive Plan and site characteristics. Residential Uses: Medium Density 5-10 Dwelling Units per net acre High Density 11-20 Dwelling Units per net acre Non-Residential Uses: 1.0 Floor Area Ratio (FAR) Adopted August 23, 1999 - 1 - Grceneway I nterchange District I I: ') 'I I I I I I I 'I ) I I I I I' I I ) I I (3) Land Use Mix: The Greene Way Interchange District shall be developed to accommodate an overall mix of land uses as described below: Land Uses Minimum Maximum Residential Non-Residential 0% 75% 25% 100% (4) Open SpacelRecreation: A minimum of twenty-five percent (25%) of the overall site must be designated as recreation and common open space. Individual land uses may have more or less than twenty-five percent (25%) of its area devoted to common open space. Recreation areas are not required within non-residential areas. In non-residential areas, landscaped pedestrian connections between buildings, parking and adjacent development is required. Sec. 20-485 Permitted Uses, Conditional Uses, Accessory Uses & Structures, Prohibited Uses. (1) Medium Density Residential: Single- Family AttachedlDetached Patio Homes Duplex Multi-Family (2) High Density Residential: (3) Office: Variety of office uses from single-tenant professional offices to corporate office parks. (4) Commercial: Alterations and tailoring Automotive accessory sales Bed and Breakfast inn Bicycles sales and service Bookstores, newstands Cleaners Community, Regional and Sub-Regional Shopping Centers Computers, hardware, software sales and service Convention center Convenience store without gas pumps Daycare Nurseries Drug store Electronic equipment sales and service Financial institutions Florist Government service facilities Adopted August 23, 1999 - 2 - Grceneway Interchange District I I I I I I I ,I I 'I ) I I I I I I I ) I I Hardware store Hotel, motel Medical clinics Medical laboratories Medical supplies and rentals Neighborhood Convenience Stores Offices - (general) Offices - (regulated professions) Parking garages Parks and recreation facilities Personal services Physical fitness and health clubs Private clubs and lodges Public utilities and service structures Residential - multifamily Restaurants Sidewalk cafes Theaters (5) Conditional Uses in Commercial Areas: Before a conditional use may be granted within the GreeneWay Interchange District, the Development Review Committee must find that the use or uses are consistent with the general purpose and spirit of the district and with the public interest. Alcoholic beverage sales (package) Alcoholic beverage sales (on-premises consumption) Amusement enterprises Automobile and truck rental Automobile Gasoline Service Station Automobile repair Child care facilities Drive-in restaurants Hospitals Mini-warehouses Nursing Homes (senior independent living) Schools (public or private) Any other retail store or business enterprise not listed that in the judgement of the Development Review Committee is consistent with those included above, and further, that will be in harmony with the purpose and spirit of the GreeneWay Interchange District. (6) Permitted accessory uses and structures. . Accessory uses customarily associated with, dependent on, and incidental to the permitted prinCipal uses. (7) Prohibited Uses. Check cashing establishments (other than banks) Flea markets Funeral homes Pawn Shops Adopted August 23, 1999 Greeneway Interchange District - 3 - I I 'I I I I, I I I I I I' I I I' I I I I Strip centers All uses listed in Sec. 20-252 in the C-2 General Commercial and Industrial District of the City Code, except 20-252(1) uses permitted in the C-1 "Neighborhood Commercial District" DIVISION 4. GENERAL DESIGN STANDARDS Sec. 20-486 Building Height. No building shall exceed seventy-five (75) feet in height. Sec. 20-487 Setbacks. (1) No improvement shall be located on any property closer to any property line than the minimum setbacks set forth below: S.R. 434 Collector Street Internal Street Side (a) Rear (a) Buildings 25 feet 25 feet 15 feet o feet 10 feet Parking 15 feet 15 feet 10 feet 5 feet 5 feet (a) Unless abutting a residential area. See Section 20-491. (2) The narrowest dimension of a lot adjoining a road right-of-way shall determine its front for the purpose of establishing yard requirements. (3) On corner lots, the front yard shall be considered as abutting the street upon which the lot has its least dimension. The rear lot, in this case, shall be opposite the front yard. (4) The following structures are specifically excluded from the setback restrictions: a. Steps and walks. b. Landscaping and landscape berms. c. Planters three (3) feet in height or less, or d. Other improvements as may be permitted under applicable regulations of the City. The Board of Adjustment will consider any request for the placement of such other improvements within a setback, only after a Development Review Committee review and recommendation. In determining whether to recommend City consent, the Development Review Committee may consider, without limiting the scope of their review, the following: (1) the extent to which any hardship exists that would justify a variance from the normal setback requirements; (ii) the aesthetics of the proposed improvements and their visibility from common roads and adjacent properties; (iii) the consent or objections of adjacent property owners; and (iv) the nature and use of the proposed improvements. It is the owner's burden and responsibility to provide such information and documentation as may be requested by the Development Review Committee in order to Adopted August 23, 1999 - 4 - Greeneway Interchange District I I I I I I. I I I 'I ) I I I I I I I I I justify to the Development Review Comm:ittee thatthc intrusion of additional improvements within thc normal sctbacks is beneficial to the corridor and will not adversely affect adjacent properly owners. Sec. 20-488 Land Coverage. The overall site shall contain 25% open space or recreation. Individual sites within a planned development may have more or less than 25% open space. Stand alone single commercial or office sites may contain a minimum of 15% open space. Open space includes pervious surfaces, landscaped or natural areas, recreation areas and stormwater retention/detention areas. Open space does not include designated conservation areas. Sec. 20-489 Off-Street Parking and Driveway Requirements. (1) Paved Driveway and Parking Spaces: All driveways and parking spaces shall be paved with asphaltic concrete and/or concrete and shall be curbed. (2) On-Site Parking: All parking areas shall be on-site and shall be adequate to serve all employees, visitors and company vehicles. (3) Rights-Of-Way: Parking is prohibited on rights-of-way or along driveways. (4) Parking Space Size: Each off-street parking space shall be a minimum of two hundred (200) square feet, 10' x 20', in addition to space for access drives and aisles. The minimum width of each space shall be ten (10) feet. The two (2) foot area of paving at the end of each parking space may be omitted provided the area is landscaped with sod or another acceptable ground cover.'The two (2) foot landscaped area shall not be counted toward any other greenspace requirement or setback. Lines demarcating parking spaces may be drawn at various angles in relation to curbs or aisles, so long as the parking spaces so created contain within them the rectangular area required. (5) Handicapped Spaces: Handicapped spaces shall be provided and sized in accordance with 316.1955, 316.1956,316.1958,320.0843,320.0845,320.0848 Florida Statutes. (6) Access drive Width: Each access drive shall have a minimum width of twenty-four (24) feet. (7) Number of Access Drives: If a site has less than two hundred (200) feet of frontage on a right-of-way, one (1) access drive shall be permitted unless there is a joint access drive, in which case two (2) may be permitted. If a site has more than two hundred (200) feet of frontage on a right -of-way, F.D.O.T permit guidelines (found in 1496-7 Florida Administrative Code) and restrictions shall apply. (8) Turning Radius: The minimum turning radius shall be thirty (30) feet. (9) Coordinated joint use of parking areas during off-peak hours shall be encouraged to be incorporated into the design of projects to reduce the total number of required parking spaces. (10) Whenever practical, vehicular and pedestrian circulation systems shall be separated. A system of multi-purpose walkways connecting buildings, common open spaces, recreation areas, community facilities and parking areas shall be provided and adequately lighted for nighttime use. The intent is to create a pedestrian oriented system to connect all properties within the Greeneway Interchange District. Adopted August 23, 1999 Greeneway Interchange District - 5 - I I I I. I I I. I I I I I I I I' I' I I I Sec. 20-490 Landscaping. The following landscape standards establish the minimum criteria for the development of the roadways, parking areas, and other features to ensure continuity in aesthetic values throughout the corridor. (1) All areas requiring landscaping shall meet or exceed the following general landscape requirements. Such Landscaping Requirements are required for: a. That part of the site fronting a public or private right-of-way that is within the designated corridor. b. Around and within all off-street parking, loading and other vehicular use areas within each site. Loading areas shall be screened with the intent to block the view of such loading areas from public streets or adjacent properties to the greatest extent practicable. Loading areas shall not front on public streets. c. Along the outside of screening walls and fences. d. Adjacent to buildings on the site to complement the architectural style. (2) All landscaping shall be installed according to accepted commercial planting procedures. Fertile soil, free of lime rock, pebbles or other construction debris shall be used in all planting pits. (3) The owner of a site shall be responsible for all landscaping so as to present a neat, healthy and orderly appearance free of refuse and debris. Any dead or dying plant material, including sod, shall be promptly replaced or shall be treated to restore healthy growth to achieve a uniform appearance. (4) All landscape areas shall be adequately irrigated, with reclaimed water if available, based on the following criteria: a. An automatic sprinkler irrigation system shall be provided for all landscaped areas. b. The irrigation system shall be designed to provide full coverage of all landscaped areas and shall be equipped with rain sensors. c. The irrigation system shall be designed and operated to prevent or minimize run-off of irrigation water onto roadways, driveways, and adjacent properties not under the control of the owner of the site. d. The irrigation system shall be maintained so as to be in optimum working order at all times. (5) All plant material shall meet or exceed standards for Florida No.1 plants, as specified in Grades and Standards for Nursery Plants. Parts I and II. 1973, published by the State of Florida, Department of Agriculture and Consumer Services. Trees shall be selected from the Recommended Tree Pallet found at the end of these design standards. (6) The preservation and utilization of a site's natural trees and shrubbery is strongly encouraged. Existing vegetation shall be incorporated into the landscape concept for a site wherever practical. ) (7) Natural growth may be used to satisfy specific landscape requirements. Relocation of on site landscaping material is encouraged. Adopted August 23, 1999 - 6 - Greeneway Interchange District I I I I I ,-, I I, I I' ) 'I I ,I I I I I ) I I (8) When an accessway intersects a right-of-way, landscaping may be used to define the intersection provided however that all landscaping within the triangular area described below shall provide unobstructed cross-visibility at a level between two (2) feet and six (6) feet above finished grade. Pedestrian sidewalks may cross the triangular area. Landscaping, except grass and ground cover, shall not be located closer than three (3) feet from the edge of any accessway pavement. The triangular area shall be defined as: a. The areas of the site on both sides of an accessway which lie within a triangle formed by the intersection of each curb of the accessway with the street right-of-way with two (2) sides of each triangle being ten (10) feet in length from the point of intersection and the third side being a line connecting the ends of the two (2) other sides. b. The area of the site located at a corner formed by the intersection of two (2) or more streets with two (2) sides of the triangular area being measured thirty (30) feet in length along the right-of-way lines from their point of intersection; and the third being a line connecting the ends of the other two (2) lines. (9) All landscape plans and specifications shall be prepared by a landscape architect licensed to practice in the State of Florida. (10)All parking areas and vehicular use areas shall be screened from the public right-of-way by a landscape screen. This screen may be composed of a berm not less than three (3) feet in height and not more than five (5) feet in height or a maintenance free wall at least (3) feet in height, or a screen of landscaping at leas t three (3) feet in height twelve (12) months after planting. If a wall or hedge is used, a meandering berm a minimum of one and one-half (1 V2) feet in height, with a maximum slope of 3:1 shall be required. Berms shall not be used where coverage conflicts with existing vegetation. This screening requirement may be combined with other requirements within the landscape easement. Berm slopes shall vary in order to provide visual interest; however, the maximum slope shall be 3:1. The berm shall be completely covered with grass or other living landscape materials. A berm shall not be constructed around existing vegetation where the grade will be raised more than six (6) inches. Walls and shrub screens shall be setback a minimum of ten (10) feet from the property line. NOTE: For the purpose of this ordinance hedge, screen and landscaping are to be used interchangeably. , (11) Concrete walkways shall be a minimum five (5) feet wide and shall be encouraged to meander, where appropriate, to create visual interest. The construction of the walkways shall be coordinated with adjacent properties to ensure continuity of design. 'Where a sidewalk intersects a street or driveway, a curb ramp shall be installed. (12)Landscaping shall be installed to screen parking areas from adjacent and proximate properties as follows: a. Where vehicular use areas are adjacent to properties assigned a zoning classification which allows only residential uses or properties assigned a residential land use designation, the provisions of Section 20-491 active/passive buffer and setback design standards shall apply. b. A hedge or other durable landscape screen at least thirty (30) inches in overall height above grade when planted, to grow to thirty-six (36) inche.s within twelve (12) months under normal growing conditions, shall be used between the common property lines. When two (2) hedges occur along a common property line, use of the same plant species is required. If a hedge exists on an adjacent property along a common Adopted August 23, ] 999 - 7 - Greeneway Interchange District I I I I I I, I 'I~ I I I I I' I I,. I I I I properly line, a duplicate hcdge is not requircd; however, in all cascs, trce planting requirements for each property shall apply. c. Live screening material shall be planted in areas not less than five (5) feet in width. Planting areas shall be mulched a minimum of two (2) inches thick with cypress mulching or other organic mulch. d. At least one tree shall occur for every seventy-five (75) linear feet, or fraction thereof, along side (non-street side) and rear property lines. These trees shall be any canopy trees selected from the recommended plant pallet found at the end of this section. (13)Landscaping shall be provided for all vehicular use areas so as to provide visual and climatic relief from broad expanses of pavement and to channelize and define logical areas for pedestrian and vehicular circulation. The requirements for landscaping in vehicular use areas are as follows: a. Parking areas shall include landscape:d curbed islands at the ends of each row of parking. These islands shall be a minimum of ten (10) feet wide and as deep as the combined parking space(s) plus median, if any and shall include at least one (1) canopy tree. b. Each parking bay shall have no more than ten (10) continuous parking spaces unbroken by a landscape island. Shade trees shall be provided. c. Parking bays shall have a maximum of forty (40) spaces. Where total parking requirements for a parcel exceed forty (40) cars, parking lots shall be broken into distinct areas separated by continuous landscaped islands at least five (5) feet wide. Landscaped islands shall contain one (1) tree for every thirty (30) linear feet of island. d. Each separate required landscaped island shall contain a minimum of one hundred sixty-two (162) square feet with a minimum interior dimension of nine (9) feet and shall include at least one (1) tree. e. As an option, a six (6) foot wide landscaped island may be constructed between rows of parking which shall count towards the required open space. If this option is used, the parking spaces abutting the island may be shortened to nineteen (19) feet in length and the unbroken rows of parking may be extended to twenty (20) spaces. The landscaped island shall contain one tree for every thirty (30) linear feet of island. (14) A landscaped unpaved area shall surround each non-residential building, occurring between the facade of the building and paved areas whether a parking area, drive or sidewalk as described below. a. Along the front and side of a non-residential building a minimum landscaped area of ten (10) feet for the first floor plus three (3) feet for each additional floor shall be maintained. Sidewalks are not considered part of the landscaped area. b. Along the rear of a non-residential building a minimum of five ( 5 ) feet of landscaped area shall be maintained. Loading areas may be permitted along the rear or side facade of a building. c. For retail buildings, paving may be allowed up to the fac,;ade of a continuous storefront building if landscaping is provided intermittently along the fac,;ade of the building consistent with the following: 1. A minimum of fifty (50) percent of the front or side with continuous storefront must be landscaped. 2. Each landscaped area must have a minimum width of three (3) feel. Adopted August 23, 1999 - 8 - Greeneway Interchange District I I I I I I I I I I I I I I I I I I I (15) Foundation and accent planting shall be provided around all structures for the purpose of enhancing and complementing the architectural character of the structure. (16) Wet retention/detention ponds along S.R. 434 shall be designed so as not to require fencing. Wet retention/detention ponds in the rear of buildings shall be fenced if required by slope. No dry retention/detention pond shall be located along S.R. 434. (17) All stormwater management areas shall conform to the design criteria promulgated by the City of Winter Springs and the St. Johns River Water Management District. (18) A tree survey shall be submitted with any application for site plan review showing all trees over four (4) inches in caliper consistent with Chapter 5 of the City of Winter Springs Code of Ordinances. Prior to any site clearing activities all existing trees required to remain by the Development Review Committee shall be tagged in the field for inspection and approval. Barriers shall be erected at the dripline of trees for protection against construction activities. (19) Any existing tree(s) indicated to remain on construction plans approved by the Development Review Committee that are damaged or removed shall be replaced with new tree(s) Consistent with Chapter 5; Section 5.5 of the City of Winter Springs Code of Ordinances. (20) All areas not otherwise landscaped, including the right-of-way, shall be sodded with St. Augustine solid sod by parcel owners. Other suitable sod may be permitted in low visibility areas or areas subject to periodic water inundation. (21) Pedestrian access through the perimeter wall and buffer may be provided at the abutting resident's or homeowners association's option to provide convenient pedestrian access to non-residential uses such as commercial areas, office parks or schools. (22) Additional green space and landscaping shall be required at access drives. Sec. 20-491 ButTers and Walls. (1) Unless otherwise specified, the following active/passive design standards shall apply to all commercial, office, and multi-family development adjacent to properties assigned a residential zoning classification or a residential land use designation. Buffers and setbacks required by this section are intended to separate incompatible land uses and eliminate or minimize adverse impacts such as light, noise, glare and building mass on adjacent residential uses. The Development Review Committee shall make the final determination of active and passive edge (s) during the site plan review process. (2) Front setbacks shall comply with the requirements of Section 20-87. Side and rear setbacks shall comply with Table 1 of this Section. I (3) Passive buffers: The use of passive buffers may occur only on the passive edges of a building site. In using passive buffers, the following requirements shall be met: a. Buffer Width: Minimum fifteen feet (IS') b. Buffers shall contain a perimeter brick or masonry wall six feel (6') in height. ) Adopted August 23, 1999 - 9 - Greeneway Interchange District u o g m - I I I I I I I I I I I I I I C. Buffers shall contain four (4) canopy trees a minimum of two and one half inches (2.5") in diameter (dbh) for everyone hundred (IOO) linear feet of huffer. Trees may be clustered or planted at regula r intervals. (4) Active buffers: In using active buffers, the following requirements shall be met: a. Buffer Width: Minimum twenty-five feet (25') for one-story buildings. Minimum fifty feet (50') for buildings two (2) story and over. b. Buffers shall contain a perimeter brick or masonry wall six feet (6') in height. c. Buffers shall contain eight (8) canopy trees a minimum of two and one half inches (2.5") in diameter (dbh) for everyone hundred (lOO)linear feet of buffer. Trees may be clustered or plante d at regular intervals. (5) The following table prescribes the landscape buffer and setback requirements relating to the height of buildings when the following uses are adjacent to existing residential land uses and/or properties assigned a residential zoning land use classification or land use designation. Table 1 Passive/Active Landscape Buffer and Side and Rear Setback Requirements . ) Building Height and Use Passive Side of Building Buffer Setback Active Side of Building Buffer Setback One Story Office Commercial Multi-Family 2 or more stories Office Commercial Multi-Family 15' 15' 15' 50' 50' 100' 50' 50' 50' 100' 100' 100' a. On internal streets, no existing or dedicated public or private right-of-way shall be included in calculation of the buffer widths. b. Existing vegetation shall be used where possible to meet these requirements. (6) Walls: All freestanding walls, sound barriers, ground sign enclosures, planters, man -made structures fronting along the designated roadway or its major intersections shall be of brick decorative or split -faced concrete block. When these materials arc used for a visual screen, they shall conform to the architectural style, materials, and color of the development. Adopted August 23, 1999 - 10- Greeneway Interchange District I I U g I I I I I I I I I I I I I ) I I Sec. 20-492 Signs. All signs and sign elements, including shape, form, lighting, materials, size, color and location shall be subject to approval by the Development Review Committee if such signs or sign clements are visible from adjacent properties or a street right-of-way. (1) Ground Mounted Multi-Tenant or Project Identification Sign: For each multi-tenant development under separate ownership, one (1) wide-based monument style permanent sign with landscaped base identifying the name of the development and businesses within the development shall be permitted. For developments with five hundred (500) feet of frontage or marc on a major road, one (1) additional sign may be permitted. The minimum separation for all signs on an individual ownership parcel shall be 200'. a. Shall only advertise the name of the commercial development companies, corporation or major enterprises within the commercial development. The primary address of the building shall be incorporated into the sign with numerals/letters a minimum of eight (8) inches in height, but the address shall not be counted against allowable copy area. b. Shall be located no closer than fifteen (IS) feet from S.R. 434 right-of-way and ten (10) feet from internal streets and side and rear setbacks if setbacks are not adjacent to S.R. 434. c. Shall have a maximum of two (2) faces. d. Shall be consistent in design, format and materials with the architecture of the proposed building(s). e. A wall sign shall not be higher than eight (8) feet above the closest vehicular use area. f. Signs shall be in an enclosed base a minimum width of two-thirds (2/3) the width of the sign. Landscaping shall be incorporated around the base to include low growing shrubs and groundcover and/or annuals to promote color. g. Signs shall be in accordance with the following schedule: Fronting on S.R. 434 the following shall appl'[. Building Size (Gross Floor Area), Under 75,000 square feet 75,000 - 250,000 square feet over 250,000 square feet Maximum Copy Area 32 square feet 48 square feet 64 square feet Maximum Height 12 feet 14 feet 16 feet Fronting on internal streets the following shall apply: Building Size (Gross Floor Area) Under 75,000 square feet 75,000 - 250,000 square feet over 250,000 square feet Maximum Copy Area 56 square feet 84 square feet ]50 square feet Maximum Height 14 feet 14 feet 16 feet h. Multi-tenant centers are permitted additional signs for anchor tenants according to the following schedule: Adopted August 23, 1999 Greeneway Interchange District - 11 - I I I I I I I I I I I I I I I I I I I Building Size (Gross Floor Area) Under 75,000 square feet 75,000 - 250,000 square feet over 250,000 square feet Anchor Tenant Additional Signs 2 of 12 square feet 3 of 12 square feet 4 of 12 square feet NOTE: An anchor tenant is defined as the major retail store(s) or office tenant in a center that is in excess of 100' front feet and a minimum area of 10,000 square feet. (2) Ground Mounted Single-Tenant Identification Sign: One (1) wide-based monument style, permanent project identification sign shall be permitted per single-tenant parcel. One additional permanent wide-based monument style project identification sign may be permitted for parcels in excess of one (1) acre with more than one (1) ingress/egress serving more than one (1) building. The minimum separation for all signs on an individual ownership parcel shall be 200'. a. Shall only advertise one (1) person, firm, company, corporation or major enterprise occupying the premIses. b. Shall be located no closer than fifteen (15) feet from S.R. 434 right-of-way and ten (10) feet from internal streets and side and rear setbacks if setbacks are not adjacent to S.R. 434: c. Shall not exceed two (2) faces. d. Sign copy area shall not exceed thirty-two (32) square feet per face for signs fronting on S .R. 434 and forty-eight (48) square feet for signs on internal streets. For parcels in excess of 4.0 acres, the project identification sign face fronting S.R. 434 may be increased to forty -eight (48) square feet. ) e. Shall be consistent in design, format and materials with the architecture of the proposed building. f. When fronting on S.R. 434 the sign shall not be more than eight (8) feet in height above the closest driveway or vehicular use area. Internal signs shall not be more than twelve (12) feet in height above the closest driveway or vehicular use area. g. Signs shall be in an enclosed base that is at a minimum the full width of the sign. Landscaping shall be incorporated around the base to include low growing shrubs and groundcover and/or annuals to promote color. h. A matching entry sign may be placed on either side of the primary entrance to a development if enhanced landscaping at the entrance is provided. (3) Building Mounted Multi-Tenant Identification Sign for Buildings with Separate Exterior Tenant Entrances: In addition to the ground mounted identification sign, tenant signs shall be permitted on the exterior walls of the building at a location near the principal tenant entrance, and be consistent with the following criteria: a. Shall only advertise one (1) person, firm, company, corporation or major enterprise occupying the premises. b. The sign(s) shall be clearly integrated with the architecture of the building. Shall be consistent in design, format, and materials with the architecture of the proposed building. ) c. The sign(s) shall not project above any roof, canopy elevations, or top of parapet wall. Adopted August 23, 1999 - 12 - Greeneway Interchange District I I d. Wall signs shall display only one (1) surface and shall not be mounted marc than six (6) inches from any wall. I e. When more than one (1) tenant sign is used on one (1) building, each tenant sign shall be consistent in size, materials, and placement. I f. The maximum size of sign letters and logos, including any sign backgrounds, shall be 24" in height for individual tenants other than anchor tenants. The maximum of letters and logos for anchor tenants in a retail center shall not exceed 25% of the building height. An anchor tenant is defined as the major retail store(s) or office tenant in a center that is in excess of one hundred (100') front feet and a minim urn area of 10,000 square feet. I I g. The length of the sign may occupy up to seventy (70%) percent of the linear feet of the storefront the business occupies. The anchor tenant may have the signage permitted for a Building Mounted Single Tenant Identification Sign. I h. For office buildings without separate exterior tenant entrances, one wall sign not exceeding two (2) square feet shall be permitted identifying each individual tenant. The sign shall be located adjacent to the building entrance. I (4) Building Mounted Single Tenant Identification Sign: In addition to the ground-mounted identification sign, a building mounted identification sign may be permitted consistent with the following criteria: I a. Shall only advertise one (1) person, firm, company, corporation or major enterprise occupying the premIses. I b. The identification sign is located on the exterior wall of a building. I c. The sign shall be clearly integrated with the architecture. I I d. The sign shall not either project above any roof, canopy elevations or top of parapet wall. The top of the sign shall not be higher than fourteen (14) feet above the main entry floor with the exception of signature buildings as described in these regulations. e. The sign shall display only one (1) surface and shall not project more than six (6) inches from any wall. f. Signs shall conform to the following schedule: I Building Size (Gross Floor Area) Less than 50,000 square feet 50,000 to 100,000 square feet Over 100,000 square feet Maximum Copy Area 16 square feet 32 square feet 48 square feet I The maximum height of letters and logos shall be as follows: I Building Height 3 stories in height and under: 4 stories (signature building) 5 stories and up (signature building) Letters 17" 19" 21" Logos 22" 24" 26" Max. Sign Size Per max. copy area above 60 square feet 76 square feet I I Adopted August 23, 1999 - 13 - Greeneway Interchange District I I I I I I I I I I I I I I I I I I I I For signature buildings the following shall apply (a) The overall size of the sign shall not exceed fifteen (15) percent of a signable wall area to which the sign is attached or the maximum allowable sign size, whichever is less. Signable wall area is defined to be a continuous portion of a building unbroken by doors, windows, columns, trim or other architectural details. (b) If a sign consists of a boxed display, the total area of the display, including copy, logo and background must be no greater than the maximum size allowances. (c) If a sign consists of individuallettc,rs and a logo, the total area of the letters and logo, the negative space in the letters and the spaces between the leuers, logo and words shall be included in determining compliance with maximum size allowances. (d) The sign shall not project above any roof, canopy elevation, or top of parapet wall.. (e) The sign shall be clearly integrated in design and materials with the architecture of the building. The sign shall be carved into the fabric of the building or securely attached to it and mounted so as not to project more than two (2) inches from the wall surface to which it is attached. The maximum thickness of the sign shall be two (2) inches. (f) The sign shall display the name of one (1) signature business and its identifying logo if applicable. (5) Additional Signs/Variances: Under special circumstances, such as for parcels on comer lots, additional signs consistent with these design standards may be approved, upon a request granted by the Board of Adjustment pursuant to Sec. 20-82 and 20-83 or the City Code. The Board of Adjustment shall recommend variances of this sign code in specific cases where such variances will not be contrary to the public interest and where, owning to special conditions, a literal translation of this sign code would result in unnecessary hardship. All requirements, procedures, findings and appeals of sign code variances shall follow those provisions for zoning variances. ) (6) Commercial Outdoor Advertising (i.e. Billboards) Off-site advertising signs such as billboards are prohibited. (7) Changeable Copy Signs: In order to create continuity throughout the corridor all changeable copy signs shall be as follows: a. The sign cabinet shall be all aluminum extrusion or beuer as approved by staff. Changeable copy signs may be incorporated into permitted signs and shall be included as part of the permitted sign area as described below: I. Changeable copy signs shall not comprise more than twenty-five (25) percent of the permitted sign area; 11. Movie theaters and other performance/entertainment facilities may utilize up to 80% of the permitted sign area for display of films, plays or other performances currently showing. Such copy area shall be included as part of the permiued sign area. Ill. Movie theaters may use up to 80% of permiued wall sign area for display of names, films, plays or other performances currently showing. IV. One changeable copy sign advertising the price of gasoline is permiued on gasoline station sites provided it shall not exceed 12 square feet per sign face. b. The sign face shall be acrylic Pan X IS or Equal. Adopted August 23, 1999 - 14 - Greeneway Interchange District I I I I I I I I I I I I I I I I I I I c. The lcllers and track shall be Wagner Zip-Change or Equal. (8) Backlit Signs: Backlighting of signs, including awning signs, shall be permitted. (9) Window Signs: Window signs may be permitted under special circumstances for retail establishments such as signs inside and on a window or in a display of merchandise when incorporated with such a display. The total area of all window signs, shall not exceed twenty (20%) percent of the window glass area to be calculated separately for each separate storefront. Window signs shall count against total allowable copy area if they are permanently attached. (10)Construction Signs: One (1) construction sign, denoting the owner, architect, landscape architect, engineer, financial institution, contractors, or containing any statement pertaining to the project for which a building permit has been obtained, will be permitted during construction. The construction sign shall not exceed sixty-four (64) square feet in area and shall not exceed fourteen (14) feet in height or sixteen (16) in width. The construction sign shall be removed from the site by the owner upon substantial completion of all construction, or upon the issuance of a final Certificate of Occupancy, whichever is sooner. If the sign is not removed when required, it may be remove:d by the City at the owner's expense. (ll)Marketing Signs (e.g. "Space for Rent" sign): a. Only one (1) marketing sign shall be permitted on each parcel during the building's "leasing period". At the end of the leasing period, marketing signage shall be removed from the site by the owner of the site. b. All marketing signs shall be submitted to the City for approval and location prior to the sign's installation. c. Marketing signs shall be set back a minimum of twenty-five (25) feet on S.R. 434 and fifteen (15) feet from the front, side and rear property lines. They shall not create a visibility obstruction to vehicular traffic. d. For parcels in excess of five (5) acres or with frontage on more than one (1) road, one (1) additional marketing sign may be permitted. Signs must be a minimum of 200' apart. e. Marketing signs may be double faced. Sign faces shall be parallel and mounted on the same poles. The copy area shall not exceed sixty-four (64) square feet and no more than ten (10) fee t in height. The total of a single sign face shall not exceed thirty-two (32) square feet. f. Marketing signage may be incorporated within the construction signage, but the signage shall not exceed sixty four (64) square feet in area. g. Marketing signs may be lighted so as to illuminate the lettering on the sign. (12)Political Signs only by permit. (13)Prohibited Signs: The following signs and/or devices are prohibited in the corridor. a. Any sign or part of a sign which is designed, devised, or constructed so as to rotate, spin, gyrate, turn or move in any animated fashion. Signs shall not incorporate reflective materials so as to create the appearance of motion or neon. b. Any sign painted directly on any exterior wall. Adopted August 23, 1999 Grcencway Interchange District - 15 - I I I I I I I I I I I I I I I I I ...,j I I c. Signs projecting more than six (6) inches in depth. d. Roof signs. e. Bench signs. f. Snipe signs (e.g. signs attached to trees and poles). g. Freestanding signs unless otherwise provided for herein. h. Trailer signs. 1. Signs attached to temporary structures. J. Billboards k. Any vehicle with a sign or signs attached thereto or placed thereon with three exceptions as follows: (a) any vehicle when parked or stored within the confines of a building, or (b) any vehicle upon which is placed a sign identifying a firm or its principal product if such vehicle is one which is operated during the normal course of business and shall be parked in the least visible spot from the road, or (c) a trailer placed on a job site during construction. 1. Pole signs. m. Balloon signs. ) n. Ribbon signs. (14)Permanent Flags: Only project flags or governmental flags shall be permitted in conformance with the following standards: a. One (1) flagpole and one (1) flag may be permitted per parcels of two (2) acres or more. b. The maximum width from top to bottom of any flag shall be 20% of the total distance of the flag pole. c. Flagpoles shall maintain the same setback requirements as project identification signs. d. Flagpole heights shall be between twenty (20) and thirty-five (35) feet in height above grade. e. A project flag shall only contain information permitted on the project identification sign. A project flag shall be submitted to the Development Review Committee for approval. (15)Temporary signs for special events. a. Permits for temporary signs, such as pennant and banner signs, not otherwise prohibited are allowed for such purposes as auctions, special events, notice of opening of new businesses, and going out of business sales. Permits for temporary signs shall authorize the erection of the signs and maintenance thereof for a period not exceeding fourteen (14) days; and permits cannot be renewed on the same sign, nor shall another temporary permit be issued on the same location, within 90 days from the date of expiration of any previously issued temporary permit. Adoptcd August 23, 1999 Grecncway Interchange District - 16 - I I I I I I I I I I I I I I I I I I I b. Signs for specific events shall be removed within two (2) working days after conclusion of the event. A freestanding temporary sign shall be no larger than a maximum of thirty-two (32) square feet, and may be double sided. Banner signs may be sized to extend across roads. (16)Maintenance: All signs and associated apparatus shall be maintained by the owner of the site. Violations shall be processed through the City's Code Enforcement Division. (17)Nonconforming Signs. a. Any sign, other than billboards, having an original cost in excess of one hundred ($100) dollars and which is nonconforming as to permitted sign area or any other reason which would necessitate the complete removal or total replacement of the sign, may be maintained a period of from one (1) to five (5) years from the effective date of these design standards. The term of years to be determined by the cost of the sign or of renovation, including installation cost, shall be as follows: Sign Cost or Renovation Cost Permitted Years from Effective Date of Design Standards $ 0 - $3,000 $ 3,001 - $ 10,000 Over $10,000 2 3 5 b. Violations shall be subject to Chapter 2. Article 3. Division 2. Code Enforcement. City of Winter Springs Code of Ordinances. (18)Greeneway District Gateway Identification Sign: One (1) architectural feature may be located adjacent to the Greeneway right-of-way within the northeast quadrant of the District that identifies the overall Greenway Interchange development consistent with the following: a. Maximum height of thirty-five (35) feet as measured above existing grade without a special exception being granted by the City Commission. b. Copy area can only identify the name of the overall development and the City of Winter Springs. c. Consistent in design and materials with the architecture of the overall development. d. No part of the architectural feature may be designed, devised, or constructed so as to rotate, spin, gyrate, turn or move in any animated fashion. The architectural feature shall not incorporate reflective materials so as to create the appearance of motion. e. In no way shall this architectural feature resemble an outdoor advertising sign (billboard). f. The words "Winter Springs" shall be incorporated into the sign. Adopted August 23, 1999 - 17 - Greeneway Interchange District I I I I I I I I I I I I I I I I I I I Sec. 20-493 Utility Lines. All new or relocated utility lines within the district shall be constructed and installed beneath the surface of the I ground unless it is determined by the City that soil, topographical, or any other compelling conditions, make the underground installation of such utility lines as prescribed herein unreasonable and impracticable. (1) It shall be the developer's responsibility on-site to make the necessary arrangement with each utility in accordance with the utility's established policy. (2) The underground installation of incidental appurtenances, such as transformer boxes, switch boxes, pedestal mounted boxes for the provision of electricity shall not be required. However, such appurtenances where not rendered impractical by the determination of the City shall be installed on the site of any development approved after the adoption of this section, The necessary easements to allow the utility company access and service to such appurtenances shall be dedicated to the service provider by the developer prior to issuance of a building permit. (3) All transformers and switch boxes related to development approved after the adoption of this section shall be set back a minimum of fifteen (15) feet from any right-of-way and visually screened using landscape materials or masonry construction in conformance with these land development regulations. Sec. 20-494 Cross-access Easements (1) All development except single family residential and duplex uses, with parking lots or direct access to a public road shall, as part of the development approval process, establish cross-access easements which provide for the internal connection of the parcel to adjacent parcels unless the City Engineer makes a finding that such joint-access is not feasible or practicable based upon circumstances unique to the properties. (2) Shared parking areas shall be permitted a reduction in required parking spaces if peak demand periods for proposed land uses do not occur at the same time. Sec. 20-495 Building and Screening Design Guidelines (1) Projects shall use materials consistent with materials used in the area. Acceptable materials include stucco, split-faced or decorative concrete block rdnforced concrete with tile, and brick and terra coma accent material. Inappropriate materials are river rock unfinished timber (unpainted), shake roofs, reflective/mirror glass, and metal siding. Materials should be high quality and well crafted. (2) Mechanical equipment and appurtenances, including but not limited to air conditioner units, ventilation equipment, refrigeration systems, heating units, must be screened so that they are not visible from any public right-of-way. The screen shall consist of a solid wall, facade, parapet or other similar screening material which is architecturally compatible and consistent with the associated building. Such screening material shall extend at least one (1) foot above the object to be screened. If landscaping is utilized, the plantings must be high enough within one year of planting to provide a screen which will screen the entire unit with a minimum of seventy-five (75%) percent opacity. In the case of satellite dishes, they shall be screened from view from ground level of adjacent rights-of-way and properties by buildings, dense landscaping or screen walls. The Development Review Committee may permit dishes on buildings if no part of the dish is visible from the ground of surrounding properties. Setbacks for antennas and satellite dishes shall be the same as the building setbacks. Adopted August 23, J 999 - 18 - Grecneway Interchange District I I I I I I I I I I I I I I I I I I I (3) Dumpsters and similar facilities shall be screened on all fOllr (4) sides from public view. Both sides and the rear of such facilities shall be screened by an opaque concrete wall, or similar ma terial. Dumpsters shall be placed in an area that is least visible from a public right-of-way. (4) All storage areas shall be screened from view from the right-of-way and from adjacent residential zoning districts. Screening enclosures may consist of any combination of landscaping and opaque building materials. If building materials are utilized, such material shall be consistent with the architectural design of the principal structures. (5) Side and rear elevations of buildings visible from a public street or adjacent property shall be designed in the same architectural style as the main facade. (6) All doors for service entrances or bays shall not face a public street unless they are screened to obscure service activities. (7) Outparcels shall conform to the architectural, signage, and landscape theme of the overall project and must share an internal access with the overall project. (8) Newspaper, magazine and other such vending machines, ATM's, pay telephones, and trash receptacles shall be encased in a structure that is architecturally compatible and consistent with the adjacent building and other site details and must meet building setbacks. (9) Exterior lighting shall be a cut-off light source to protect adjacent properties from glare. All exterior lighting shall be consistent and compatible throughout the project. ) (10) Buildings with multiple storefront entries are encouraged to incorporate overhangs in the design of front facades as appropriate to promote pedestrian activity. (11) Backflow preventers and other above ground valves shall be screened so they are not visible from the street right-of-way using either landscaping or an opaque building material and shall be subject to buffer setback requirements (12) Drive-thru pick up windows shall not be permitted on the front or sides of a building fronting on S.R. 434. Sec. 20-496 Developer's Agreement Any developer may propose to enter into a developer's agreement with the City designed to set forth terms and conditions appropriate to meet the circumstances-of the specific proposed development. Such Development Agreement shall be reviewed and approved by the City Commission. The City Commission may vary the standards of this ordinance, including building or perimeter setbacks, parking standards, signage, and other standards. If an increase in building height beyond fifty-five (55) feet is requested, the City Commission must find the Fire Department capabilities are adequate to address the change. Such consideration shall be based on building site constraints or physical characteristics of the property; provided specifically, however, that any such concessions for a constrained site shall only be considered by the City Commission in a Development Agreement if enhanced perimeter landscaping or buffering is provided to assure that the objectives of this ordinance are achieved. ) Adopted August 23, 1999 Greeneway Interchange District - 19 - I I LARGE SHRUB I COMMON NAME I Cherry Laurel Anise Sweet Viburnum I Wax Leaf Ligustrum* Photinia* Wax Myrtle I MEDIUM SHRUB COMMON NAME I Pittosporum I Variegated Pittosporum Sandank.rwa Viburnum Hetzii Juniper I Pfitzer Juniper Shrub Holly Silverthorn I Azalea Yew Podocarpus I SMALL SHRUB COMMON NAME I Dwarf Yaup on Holly Indian Hawthorn I Dwarf Pittosporum Evergreen Giant Border Grass Azalea I Thyrallis Yew Podocarpus I GROUNDCOVER COMMON NAME I Liriope Border Grass Mondo Border Grass I Dwarf Confed. Jasmine Parsonii Juniper Dwarf Shore Juniper I African Lily I TABLE I RECOMMENDED SHRUB PALLET BOT AN][CAL NAME MINIMUM HEIGHT REQUIRED Prunus caroliniana lllicium anisatum Viburnum odoratissimum Ligustrum japonicum Photinia spp. Myrica cerifera 30" 3D" 3D" 3D" 3D" 3D" BOTANICAL NAME MINIMUM HEIGHT REQUIRED Pittosporum tobira 24" Pittosporum tobira "Variegata" 24" Viburnum Suspensum 24" Juniperus chinensis vaL chinensis "Hetzii" 24" Juniperus chinensis "Pfitzerana" 24" llex spp. 24" Elaeagmus pungens 24" Rhododendron indica 24" Podocarpus macrophylIus 24" BOTANICAL NAME MINIMUM HEIGHT REQUIRED llex vomittoria "Nana" 18" Raphiol.epis indica 18" Pittosporum tobira "Wheeleri" 18" Liriope muscari "Evergreen Giant" 18" Rhododendron indica 18" Thyrallis glauca 18" Podocarpus macrophyllus 18" BOTANICAL NAME MINIMUM HEIGHT REQUIRED Liriope muscari 10 Pips/clump 9" o.c. Ophiopogon japonicus 10 Pips/clump 9" o.c. Trachelospernum jasminoides "Nana" 15" Spread 18" o.c. Juniperus chinensis 15" Spread 18" o.c. Juniperus conferta "Compacta" 12"-]5" Spread 18" o.c. Agapanthus africanus 10 Pips/clump 18" O.c. I I I I I I I I I I I I I I I I I I I ) Day Lily Lantana African Iris Holly Fern Hemerocallis spp, Lantana montevidensis Dietes vegeta Cyrtomium falcatum English Ivy Hedera helix *Must be used with a row of lower growing shrubs in front. 10 Pips/clump 18" O.c. 15 "spread 18" O.c. 10 Pips/clump 18" o.c. Gal. can 12"-15" spread 24" O.c. 4" pots - 2-3 plants/pot 12" o.C. Note: Plant list subject to administrative amendment from time to time. ) 2 I TABLE 2 I RECOMMENDED TREE PALLET I CANOPY TREES MINIMUM HEIGHT I COMMON NAME BOTANICAL NAME REQUIRED Live Oak Quercus Virginiana 16' I Laurel Oak Quercus laurifolia 12' Sycamore Plantanus occidentalis 12' Red Maple Acer rubrum 12' I Sweetgum Liquidambar styraciflua 12' OTHER LARGE TREES I MINIMUM HEIGHT COMMON NAME BOTANICAL NAME REQUIRED I Tulip Poplar Liriodendron tulipifera 12' Bald Cypress Taxodium distichum 12' I Pines Pinus spp. 12' Southern Magnolia Magnolia grandiflora 12' River Birch Betula ni.gra 12' I MEDIUM TREES HEIGHT I COMMON NAME BOTAN]CAL NAME REQUIRED American Holly Ilex opaca 10' I Dahoon Holly Ilex cassine 10' East Palatka Holly Ilex opaca 'East Palatka' 10' Golden Rain Tree Koelreuteria formosana 10' I Sweet Bay Magnoli.a virginiana 10' Loblolly Bay Gordonia lasianthus 10' I Drake Elm Ulmus parvifolia sempervirons 'Drake' 10' Winged Elm Ulmus alata 10' I Cherry Laurel Prunus caroliniana 10' Weeping Willow Salix babylonica 10' I SMALL TREES HEIGHT COMMON NAME BOTANICAL NAME REQUIRED I Wax Myrtle Myrica cerifera 8' Tree Ligustrum Ligustrum japonicum 8' I (Also L. lucidum) 3 I I I I I I I I I I I I I. I; I I I I ) I I ') Crape Myrtle Yaupon Holly Chickasaw Plum Flowering Dogwood Redbud Tabebuia ACCENT PALMS COMMON NAME Canary Island Date Palm Washington Palm Pindo Palm Cabbage Palm Lagerstoremia indjca llex vomitoria Prunus anjustifolia Cornus florida Cercis canadensis Tabebuia spp. 8' 8' 8' 8' 8' 8' BOTANICAL NAME HEIGHT REQUIRED Phoenix canariensis Washingtonia robusta Butia capitata Sabal palm 5' 5' 5' 6' Pruning of trees shall be allowed to maintain appropriate clearance for access and minor pruning shall be allowed to promote healthy growth. The intent is to allow trees to achieve a natural tree canopy. Note: Plant list subject to administrative amendment from time to time. .> 4 I I I I I I I I I I ,I I' I I I I I I I EXHIBIT III ENVIRON.MENT AL ASSESSMENT I I I I I I I I I I I I I I' I I I: I I, ~t) Lotspeich and Associates.Inc. :: I ECOLOGICAL CONSULTANTS 1\;"::: ::'!:,::! l\1EMORANDUM TO: Interested Parties Michael J. Howe '1#1 fI DATE: 30 March 1999 L&A No. 98184.23 L&A Doc: \JMHD\98184C30.MEM FROM: PROJECT: Lake Jessup Grove Property SUBJECT: St. Johns River Water Management District Site Review A site review was conducted with the St. Johns'River Water Management District (SJRWMD) on the Lake Jessup Grove property on 16 March 1999. Present for the site review were: Anthony Miller; SJRWMD Michael Howe; Lotspeich and Associates, Inc. (L&A) The purpose of this site review was to field verify the landward extent of wetlands within the subject property which had been previously flagged by L&A in accordance with the Unified Wetland Delineation Methodology for the State of Florida dated July 1995. The review was limited to the wetland areas within the forested southern section of the site. Two wetlands had been flagged in the forested southern area. Mr. Miller agreed with most of the wetland boundaries as flagged by L&A. Additional flags were added to the line around the wetland in the western portion of the site as shown in the attached figure. This additional area (0.6i: acre) was determined to be jurisdictional based on the presence of hydric soil indicators. These new flags should be located by a surveyor and included on all permit plans submitted to the SJRWMD. Also noted during the field visit was an adult and juvenile bald eagle (Haliaeetus leucocephalis). Th~ two birds were observed roosting in a large: pine tree on-site. No nests were found in any of the trees in the area. As noted during our preliminary evaluation, there are numerous bald eagle nesting sites in the vicinity of the site, but none are known to occur on-site. We would recommend that the site be monitored prior to the beginning of the next nesting season (:f: September - October) to determine if any new bald eagle nests have been buHt on-site. This is the writer's opinion and interpretation of the site review. Unless advised in writing to the contrary. it is assumed those in attendance are in agreement with the statements set forth and work will proceed on this basis. Distribution List: Tim Gruseruneyer; Gruseruneyer, Scott &. Associates, Inc. Dick Strous; Elizabeth Morse Genius Foundation File/Carol S. Lotspeich 422 West Fairbanks Avenue, Suite 201, Winter Park, Florida 32789 (407)740-8482 FAX (407)645-1305 I I I I I I, I I I I I I I I I, I ~ ,.... "'-4J Sl'T if/; IR -. ~ , 6 ~ J- 1-41 . ..~ _~ -u-"';;- 1"El! i- -:- ..r~". ~ ~.. In"",,'.J ,.... )II: I.'... ." A-. <1s .. ..' -u Wl-31 ~. .' 1ft..," ""., In-,n . :-~ ~~ Ie $.It'.~. or LCr 16. Sf:'C. II (".9. t. PG. ~) AS SHO'IlN OH ~ D~~ (X \ TRAHSPO'771rr.'1}~ 1f/W IIAP. stCTlOH No. __z. tlO'1Itl OI~PO o/~"'" III a - ;; ~ '" ~" I, ~ ~~""' ~I! ~~~ ~~: ~~~ ~ 23 .).8" ......-- - -,._~.:~ -........... " .f.O'O.....- E:-~"~' -.-......... .'.... _ --,.. -.-.- _....-.........-- ". ............. . l.O.It: C~y"\~"l...t LAlI-~ -lc WI- 5~ S l.. . ~I'", n' /.........5') ~I!:., .J~...r .. _ ...- ,.. WI' '7 WI- :;1/ : ~~ '(), \~..-" .~:..-': . €f) J \ ~~~.t)~ V ~In-Z4 ~bO (PI lo~' If w, . 1'1-1 f::. f< €oldl cd" I : ~.','~ : I W 1-' '1'1 20 1 WI-IO V-.fLAND "'."'1> ) J Cv"'{~c. ( ~ 1 . I ~In'": 1,.>\-,-, -La : I WI-v2.. \ ~In-U z '\ I ~ wrou. y R./IV UNE. I ",., 'tt. "'.1 ... CIl . ~ ~ \ ;:;J . ~"'~ .'-6 -A. ",., '" c.~ ..' \J ~... r<e.~w-e- C c",,, <...c. -\: WI-:, ~ WI'S l.J \- 5' ~o u\- S- "DiSC.-Vl"'F.c.l , W \ -" ~ ,f:.- 0...... I...J' \. '1 C 0 ",<,,~ c...l L..J \-G) lo w\- t...o ~ r.~~ ~o: .~ Il~ Co N~D , (r-lm) 1!<<JWI't ON noRI~ otPA/rIJlr:HT Of' 1 Sl'OIfT,.TTOH R/!i IJN>. S!CTfOto/ HD. . ,'n7f)o.ZJO%, G4TF.D 01-90) II! ! ( I . ...... - --......." . . ___0' //'" ;/ ,~' ... /'" I .I I ! , \ . . \ ' I . . \ \ ~ . , \ \ . . 1 I , . " J ..1 Cl:>~....~ (.-t: V3 1-2..\ t.o ~ \- S'O .,." /:. t::. 1'1-11 I I (f) '11'1-11 / ".'-IJ .It ~ .' ..,-,~ ~ WI.l~ I {A.",_,. ., -" I _ ;;- ~ J:., ~ ~. ---:...:... -:-: - . . - It1-'jO" -, .- - ~. fll-J1 lJNJ ~ GRAPHIC SCALE 120 I o eo r?!IWIP.~.. 120 J~ ,to .;~-9 --' ..--.-.'- .-' .......... ........-... ( IN FEET ) 1 jnob = 120 n. R'ECEIVED MAR 2 L 1999 LOTSPEICH AND ASSOC. JNC. . - --.-... ..---... --..-...... I ::Jc~SlAf I~:'" uvc.. (JrcJpel T:..J r' 'i'PtN I I I I' I' I, I I I I I I, I' I. I I I I I ffD Lotspeich :1(\ Associates,.mG. 51 ECOlOGICAL CONSULTANTS ~ ) (' JUN 3 (j 1999 28 June 1999 L&A No. 98184.23 Doc. \JMHD\98184F28.LET Mr. Dick Strous Elizabeth Morse Genius Foundation 400 N. New Y ork Avenue Winter Park, Florida 32789 RE: Lake Jessup Grove Property 70:t acres in Sections 37. Township 21 South, Range 31 East Seminole County. Florida U.S. Army Corps of Engineers Wetland Jurisdictional Determination Dear Mr. Strous: Please fmd enclosed for your files a copy of the verified wetland survey from the U.S. Army Corps of Engineers (USACE) and the accompanying correspondence from the USACE. The jurisdictional determination has been assigned number 199900781 (JD-TH). and is legally binding for a period of five years. The acquisition of the jurisdictional detenmination completes Lotspeich and Associates Inc. (L&A) scope of services contracted in the Memorimdum of Agreement dated 1 December 1998. Please feel free to call us if you have any questions regarding this jurisdictional determination or other related land use issues regarding the project site. L&A looks forward to working with you as the development of this property progresses. Sincerely, LOTSPEICH AND ASSOCIATES. INC. .-%4~;7 ~ Michael Howe Research Scientist n Enclosures cc: File/Carol S. Lotspeich 422 West Fairbanks Avenue, Suite 201, Winter Park, Florida 32789 (407)740-8482 FAX (407) 645.1305 , ~ ~ I' I I' I, I I I, I I I I I, I, I I I I :' ....EPARTMENT'OF THE ARMY JACKSONVILLE DISTRICT CORPS elF ENGINEERS, PALAT'KA REGULATORY OffiCE 802 NORTH PALM AVENUE PALATKA. FLORIDA 321n.2.502 June 9, 1999 Regulatory Division Atlantic Permits Branch 199900781 (JD-TH) Ms. Ann M. Hague Lotspeich & Associates, Inc. 422 West Fairbanks Avenue Suite 201 Winter Park, Florida 32789 Dear Ms. Hague: Reference is made to'your request for a jurisdictional validation, submitted on behalf of your client Lake Jessup Grove. Enclosed is a copy of a survey showing the approximate Department of the Army jurisdiction of the property in question. The property.is located in Section 37, Township 21 South, Range 31 East, Seminole County, Florida. A Department of the Army permit will be required in the area marked as wetlands or waters of the United States. The ju~isdictional determination has been assigned number 1999007'81 . (JD-TH). Please refer to this number in future correspondence. Please be advised that the jurisdictional delineation shown is based on the Corps of Engineers Wetlands Delineation Manual (1987) and is valid for a period of no longer than five years from the date of this letter. Additionally, this delineation has been based on information provided by your office. Should we determine that the information was incomplete ~r erroneous, this delineation would be invalid. If after a five-year period this jurisdictional delineation has not be specifically revalidated by the Corps of Engineers, it shall automatically expire. Any reliance upon jurisdictional correspondence beyond that time frame may lead to incor.rect planning and design efforts, as well as possible violation of current Federal laws and/or regulations. You may revalidate or update the jurisdictional delineation as appropriate for youi project duration. Any revali~ation or updating will then reflect current Federal laws. If there is any proposed encroachment into wetlands within the Department of the Army jurisdiction, a joint permit application should be submitted. 'RECCI'~~k~' JUN 2 5 1999 LOTSPEICH AND ASSOc.mt. 'i518lt .;11 ..... "". ()... ,,D ,- I - I I I I I I I I' I I I I I I I I I ,r-- I' ( -2- You are cautioned that work performed below the mean high water line or ordinary high water line in waters of the United States, or the discharge of dredged or fill material into adjacent wetlands, without a Department of the Army permit could subject you to enforcement action. Receipt of a permit from the Florida Department of Environmental Protection does not obviate the requirement for obtaining a Department of the Army permit for the 'work described above prior to commencing work. Thank you for your coopeI:ation with our permit program. If you have any questions concerning this matter, please contact me at the letterhead address of by telephone at 904-325-2028. Sincerely, ~~# Thaddieus L. Hart Environmental Protection Specialist r 'I I I I I' I. I I I' I' I Ii I " I I I' I, I I. , , u;t~B . J ( ~/#I WI - ~I/ ~rt~Q Lotspeich and Associates, Inc. I!. ECOLOGICAL CONSULTANTS 422_F~A",,",,", SW201, WInletPnFl3mg (407) 74G-Ma2 Fa: 64So13C5 e-Mlit.lOllpOicllOIDi.""'" ','.r ~:r;~ - Lt ). .... ;l d.. Lake Jessup Grove Property Boundary Map ....... North Scale: 1.=400' -.- Figure 1 + /- 70 .ern In Section 37, TownIhip 21 SOUlh. Range 31 EM! Seminole Counly. Florida File: 98184-B.CDR Drawn By: JM Job No: 98184.33 Date: 12 January 1999