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2014 05 12 Public Hearings 502 Ordinances 2013-13 & 2013-15 Second Readings, Plante Future Land Use and Zoning Change for Plante PropertyCOMMISSION AGENDA ITEM 502 REQUEST: Informational Consent Public Hearings X Regular May 12,2014 KL RS Regular Meeting City Manager Department The Community Development Department — Planning Division requests that the City Commission hold a Public Hearing to consider Second Reading and Adoption for both Ordinance 2013-13, a Large -Scale Future Land Use Map Amendment, and Ordinance 2013- 15, which proposes to rezone nine (9) parcels totaling approximately 60 gross acres, more or less, currently within Seminole County, Florida, and generally located south of State Road 434 and east of Tuskawilla Road. In addition, the Community Development Department - Planning Division requests that the City Commission support the placement of the subject property within TCEA Zone A and simultaneously update the existing TCEA Zone A Map to reflect said change. SYNOPSIS: The City of Winter Springs Community Development Department received an application for a Large -Scale Future Land Use Map Amendment and Rezoning request which, if approved, would change the Future Land Use Map from Seminole County's "Industrial" land use designation to the City of Winter Springs "Town Center" land use designation. In addition, the request would also change the Zoning Map fromSeminole County's Agriculture "A-V & Industrial "M-1" to City of Winter Springs "Town Center". The subject property is located within Seminole County, Florida, and generally situated south of StateRoad 434 and east of Tuskawilla Road (see Attachment "A" - Location Map). CONSIDERATIONS: APPLICABLE LAW AND PUBLIC POLICY Florida Statute 163.3187 Amendment of adopted comprehensive plan; Public Hearings 502 PAGE 1 OF 12 - May 12, 2014 Florida Statute 166.041 Procedures for adoption of ordinances and resolutions; Winter Springs Charter Section 4.15 Ordinances in General; Winter Springs Article 111. Comprehensive Plan Amendments; Section 15-30. Authority, purpose and intent; Section 15-35. Review Procedure; Section 15-36. Review criteria; Florida Statutes 163.2511-163.3246 : (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15. Ordinances in General. City of Winter Springs Comprehensive Plan. Winter Springs Code of Ordinances, Chapter 20, Zoning, Article III Establishment of Districts, Division 4. Winter Springs Code of Ordinances, Chapter 20, Zoning, Article 11, Section 20-31 Applicant Name and Address: Standard Pacific of Florida GP, Inc. 5 5 8 West New England Avenue Suite 250 Winter Park, F 132789 Property Owner: L.D. Plante Inc. P.O. Box 151117 Altamonte Springs, F132715 Property Address: None PropeLty Parcel ID'S: 06-21-31-501-OAOO-0000 06-21-31-501-01300-0000 26-20-30-5AR-OA00-008G 26-20-30-5AR-OA00-008C 06-21-31-501-0200-0000 06-21-31-501-03OA-0000 26-20-30-5AR-OAOO-0080 01-21-30-501-0000-0340 01-21-30-501-0000-0170 Future Land Use Designation: Seminole County: "Industrial" Zoning Designation: Seminole County: Agriculture "A- V & Industrial "M-1 " Approved Development Permits: None Pending Code Enforcement Actions: None Cily Liens: None Existing Land Uses - The subject site is located east of Tuskawilla Road and south of State Public Hearings 502 PAGE 2 OF 12 - May 12, 2014 Road 434. More specifically, the surrounding area is generally characterized by existing cattle grazing, public/semi-public uses, low and medium density residential, and an office park located on Tuskawilla Road. The subject property is currently designated "Industrial" on the Seminole County Future Land Use Map and Agriculture "A- V & Industrial "M- V on the Seminole County Zoning Map. The subject site, as it currently exists, is an enclave surrounded by the City of Winter Springs. Life Community Church, located just south of the subject property, is currently within the City and fronts directly on Tuskawilla Road. There are a few existing single-family residences located just east of the subject property that are within the Tuscawilla PUD. Presently there is approximately 56 acres of vacant property currently within the City, located south of the subject property, that is scheduled to become part of the overall development. Properties to the west are within both the City of Winter Springs and Seminole County. Both the Tuskawilla Office Park and the neo traditional Avery Park subdivision, located west of Tuskawilla Road, are currently within the City of Winter Springs Town Center. Just to the north of Avery Park, are a few single-family residences located within Seminole County. Properties to the north are presently vacant and within the City of Winter Springs Town Center. Adjacent existing land uses, zoning and future land use designations include the following: Development Trends - The subject property, as it currently exists, is an enclave with approximately 60 acres, more or less, within the jurisdiction of Seminole County. The property is mostly undeveloped and has most recently been utilized for cattle grazing/agri cultural pursuits. The vacant property is currently owned by L.D. Plante, Inc. and was formally owned by Central Florida Drum (CFD), a refurbishing and supply business from 1965 to 1986. From 1991 to 1998 the site was leased to Polymetrics, Inc. a manufacturer and supplier of industrial paints. Incorporating the subject property into the City of Winter Springs will eliminate the existing enclave and advance the City's vision for the Town Center and facilitate the development of the northern portion of the Tuscawilla PUD as noted on the original master plan for said PUD. Proposed Future Land Use Classification - The proposed Large -Scale Future Land Use Public Hearings 502 PAGE 3 OF 12 - May 12, 2014 Existing Land Use Zoning Future Land Use Subject Few Existing Seminole County: Seminole County: Properties Buildings; Vacant Agriculture "A -l" & Industrial Property Industrial "M -l" North Vacant City of Winter Springs: City of Winter Springs: Town Center Town Center South Vacant; Life City of Winter Springs: PUD City of Winter Springs: Community Low Density Church Residential; Public/Semi-Public East Tuscawilla PUD City of Winter Springs: PUD City of Winter Springs: Low Density Residential West Winter Springs City of Winter Springs: City of Winter Springs: Office Park, Town Center Town Center Avery Park, Single -Family Seminole County: Seminole County: (County) Agri culture " A- I Medium Density Residential Development Trends - The subject property, as it currently exists, is an enclave with approximately 60 acres, more or less, within the jurisdiction of Seminole County. The property is mostly undeveloped and has most recently been utilized for cattle grazing/agri cultural pursuits. The vacant property is currently owned by L.D. Plante, Inc. and was formally owned by Central Florida Drum (CFD), a refurbishing and supply business from 1965 to 1986. From 1991 to 1998 the site was leased to Polymetrics, Inc. a manufacturer and supplier of industrial paints. Incorporating the subject property into the City of Winter Springs will eliminate the existing enclave and advance the City's vision for the Town Center and facilitate the development of the northern portion of the Tuscawilla PUD as noted on the original master plan for said PUD. Proposed Future Land Use Classification - The proposed Large -Scale Future Land Use Public Hearings 502 PAGE 3 OF 12 - May 12, 2014 Map Amendment proposes to change the Future Land Use Map designation from the Seminole County "Industrial" designation to the City of Winter Springs "Town Center" designation (see Attachment B - Ordinance 2013-13). The requested "Town Center" future land use designation currently has no maximum density/intensity limitation. The applicant desires to combine the nine (9) county parcels with approximately 56 contiguous acres to the south, presently within the City of Winter Springs, for future development. Conceptually, the proposed development is for 450 residential units and 45,000 square feet of non-residential development. The proposed development yields a total of 3.87 units per acre (see Attachment C- Concept Plan). To help evaluate the anticipated impact of said development, the applicant agreed to enter into an annexation agreement which limits the maximum density of said project to no more than four (4) units per gross acre (see Attachment D - Annexation Agreement). The Annexation Agreement request will be considered by the City Commission under Item 501 during the May 12, 2014 regular City Commission meeting. Letters/Phone Calls In Favor Or Oppositio - To date, the City has not received any letters or phone calls in favor or opposition. In accordance with Policy 2.1.2., Future Land Use Element, the City hosted a Design Charette for the proposed development on May 2, 2013. Comprehensive Plan Amendment Analysis: The following summarizes the data and issues which staff analyzed in reviewing this application: Justification for Future Land Use Designation - The requested Large -Scale Future Land Use Map Amendment proposes to change the Future Land Use Map designation from "Industrial" to "Town Center" for approximately 60 gross acres, more or less, currently within Seminole County, Florida, and generally located south of State Road 434 and east of Tuskawilla Road. The proposed use and density is compatible with the surrounding area, as it generally characterized by low and medium density residential, commercial, and public/semi-public development patterns. Public Facilities: ROADS/TRAFFIC CMCULATION: Tuskawilla Road and State Road 434 are both four (4) lane arterial facilities that are currently operating at or above level of service B. Level of Service B is defined as a condition of road performance where traffic density is low and vehicles travel with operating speeds somewhat restricted by other vehicles. Drivers still have reasonable freedom to select their speeds. Availabili1y of Access: Preliminary access lane configuration for the project access points are: Main entrance at Tuskawilla Road - One (1) right only egress lane and one (1) ingress ane ;Michael Blake Blvd at Tuskawilla Road - One (1) right only and one (1) shared eft through egress lanes, one (I)ingress lane Gardena Ave at State Road 434 - One (1) right only egress lane and one (1) ingress lane Function Classification: State Road 434 is a principal arterial that runs north from Edgewater Drive near Orlando to Altamonte Springs, then east to Oviedo, and then south to East Colonial Drive. Within this portion of the City of Winter Springs, State Road 434 is a four -lane roadway. Likewise, Public Hearings 502 PAGE 4 OF 12 - May 12, 2014 that portion of Tuskawilla Road adjacent to the subject property is currently a four -lane roadway. According to the City's Comprehensive Plan, the level of service (LOS) on the portion of State Road 434 and Tuskawilla Road is B'. The traffic study provided by the applicant identifies an overall development of 366 residential units on 116 acres (60 acres to be annexed; approximately 56 acres currently within the City). On September 23, 2013, staff received via email a revised unit count of 450 total residential units. Staff has determined the preliminary traffic impact analysis to be incomplete and therefore will request a complete/modified report once the development proposal is presented to the City (see Attachment E - Traffic Impact Analysis). POTABLE WATER: City water is available to serve the proposed project. WASTEWATER City sewer service is available to serve the proposed project. RECLAIMED WATER: Reclaimed water is not available at this time. However, the irrigation system will be required to meet reclaimed water standards for future connection to reclaimed water when available. ELECTRIC SERVICE: Facilities serving the parcels: None currently. The City of Winter Springs is serviced by Duke Energy for electric service. Duke Energy will provide service to this area, with no interruption of service. A future land use change will not impact current electric rates. SOLID WASTE: Facilities serving the parcels: None currently. The City of Winter Springs currently has a franchise agreement and is serviced by Waste Pro, a private solid waste contractor who will provide service to this area. STORMWATER MANAGEMENT: Facilities serving the parcels: None currently. Upon development, the site will be required to provide on-site stormwater management in accordance with all applicable St. John's River Water Management District(SJRWMD) criteria. POLICE: The City of Winter Springs is responsible for police protection. The station closest in proximity to the subject property is located at 300 N. Moss Road. Response times are averaged monthly. FIRE: Seminole County is responsible for fire protection. City of Oviedo Fire Station 44, located at 42 Central Ave. S., Oviedo, Florida is the closest fire station. The response time is approximately four minutes. NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES: The change in designation from Seminole County "Industrial" to City of Winter Springs "Town Center" will not result in any nuisance potential for the surrounding properties because proposed uses are compatible with the "Town Center" future land use designation, and the subject property is surrounded primarily by commercial, publi c/semi -public, and residential uses. NATURAL RESOURCES COMPATIBILITY: There are no conservation overlays on the subject property. Public Hearings 502 PAGE 5 OF 12 - May 12, 2014 SOILS: According to the Soil Survey of Seminole County, Florida, prepared by the U.S. Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS), four (4) soil types occur within the subject property boundaries (see Attachment F - Preliminary Environmental Assessment). These soils include the following: 2, Adam svill e-Sparr Fine Sands 20, Myakka and Eaugallie Fine Sands 26, Udorthents, Excavated 3 1, Tavares-Millhopper Fine Sands, 0 To 5 Percent Slopes Adamsville-Sparr fine sand (#2) is a nearly level, somewhat poorly drained soils on low ridges on the uplands and low knolls on the flatwoods. Typically the surface layer of this soil type is grayish brown fine sand about 4 inches thick. In most years, the seasonal high water table for this soil type is at a depth of 12 to 36 inches for up to 6 months. The permeability of Adarnsville soil is rapid. The permeability of Sparr soil is rapid in the surface and subsurface layers and is slow or moderately slow in the subsoil. Myakka and EauGallie fine sands (#20) are nearly level, poorly drained soils found on broad plains on the flatwoods. Typically the surface layer of Myakka soil consists of black fine sand about 5 inches thick. Typically the surface layer of EauGallie soil consists of dark gray fine sand about 5 inches thick. During most years the seasonal high table for this soil type is within 12 inches of the surface for I to 4 months. The permeability of Myakka soil is rapid in the surface and subsurface layers and in the substratum and moderate or moderately rapid in the subsoil. The permeability of EauGallie soil is rapid in the surface and subsurface layers, moderate or moderately rapid in the sandy part of the subsoil and moderately slow in the loamy part of the subsoil. Udorthents, excavated (#26) consist of excavated areas of unconsolidated or heterogeneous soil and geologic materials, which have been removed mainly for use in road construction or as fill material in low areas and for building foundations. Most areas of Udorthents, excavated locally called borrow pits, are from 5 to 40 feet deep. Some of the pit bottoms are seasonally ponded. Most pit areas have been left idle. These areas must be smoothed, shaped, and filled if they are to be used for agricultural or for urban development. Tavares-Millhopper fine sands, 0 to 5 percent slopes (#31) are nearly level to gently sloping, moderately well drained soils found on low ridges and knolls on the uplands. Typically the surface layer of Tavares soil consists of very dark grayish brown fine sand about 6 inches thick. Typically the surface layer of Millhopper soil consists of gray fine sand about 7 inches thick. The soils in this map unit have a seasonal high table at a depth of 36 to 60 inches for 2 to 6 months. The permeability of Tavares soil is rapid or very rapid. The permeability of Millhopper soil is rapid in the surface and subsurface layers and moderately slow in the subsoil. The Florida Association of Environmental Soil Scientists (FAESS) considers the main components of Basinger and Smyrna fine sands, depressional (#11) as a hydric soil Public Hearings 502 PAGE 6 OF 12 - May 12, 2014 type. Furthermore, the FAESS considers inclusions present in Myakka and EauGallie fine sands (#20), Udorthents, excavated (#26) and St. Johns and EauGallie fine sands (#29) as hydric. This information can be found in the Hydric Soils of Florida Handbook, Third Edition (March, 2000). FLOOD PRONE AREAS: According to the Seminole County Property Appraiser's records, the property is within both flood zone "X" and "AE". Flood hazard areas identified on the Flood Insurance Rate Map are identified as a Special Flood Hazard Area (SFHA). SFHA are defined as the area that will be inundated by the flood event having a I -percent chance of being equaled or exceeded in any given year. The I -percent annual chance flood is also referred to as the base flood or 100 -year flood. SFHAs are labeled as Zone "AE". The areas of minimal flood hazard, which are the areas outside the SFHA and higher than the elevation of the 0.2 - percent -annual -chance flood, are labeled Zone "X". HISTORIC RESOURCES: No known historical resources are known to be located on the subject property. WILDLIFE: The environmental report that was submitted with the future land use amendment application indicates no gopher tortoises on the nine (9) acres to be annexed. However, there are gopher tortoises on that portion of the property currently within the City of Winter Springs. Based on the tortoise population that exists within that portion of the site within the City and the expected development plan for the overall 116 acre property, there is only one potential option for resolving the gopher tortoise issue. This option is off-site relocation and will require that any tortoise within 25 feet of proposed construction activities be relocated off-site to an approved recipient site. In addition to the on-site review for "listed" species, BTC conducted a review of the FFWCC's recorded Bald Eagle (Haliaeetus leucocephalus) nest sites on or in the vicinity of the subject property. This review revealed three (3) Bald Eagle nests, through the 2010-2011 nesting season, within one mile of the subject site. These nests, Nest SE -002, Nest SE -003, and Nest SE -087, are all located greater than 660' from any portion of the subject property. As such, no restrictions towards the development of this site will apply. Consistency with the Comprehensive Plan: Future Land Use Element The Conceptual Plan that was presented by the applicant, as a point of discussion purposes, contains 450 residential units on 116 acres yielding a density of 3.87 dwelling units per acre. Per the Comprehensive Plan, the Town Center future land use category has no maximum density threshold. To help evaluate the anticipated impact of said development, the applicant has agreed to an Annexation Agreement hereby limiting the maximum density of said project to no more than four(4) units per gross acre. The Town Center category was based upon traditional design standards for development that will become the identifying focus of the City's downtown and contribute to an increased and diversified tax base for the City. The primary purpose of the Town Center is to create an economically successful, vibrant, aesthetic, compact, multimodal, diverse, mixed use (including horizontal and vertical integration of uses) neo -traditional urban environment, designed on a pedestrian scale and with a pedestrian orientation. The Town Center is to be a Public Hearings 502 PAGE 7 OF 12 - May 12, 2014 place where people can reside in a mix of single and multiple family dwellings, work, gather to shop, relax, recreate, be entertained, attend community events, and enjoy the natural beauty of lands located in the Town Center. The surrounding area is generally characterized by existing cattle grazing, public/semi- public uses, low and medium density residential, and an office park located on Tuskawilla Road. The existing Tuscawilla Planned Unit Development (PUD), located to both the east and south, was annexed into the City of Winter Springs in 1972. Said development includes a combination of single-family, multi -family, commercial, and many park and open space amenities. The proposed future land use amendment is consistent with the Comprehensive Plan. The proposed future land use amendment is consistent with the following Goals, Objectives and Policies from the Future Land Use Element of the Comprehensive Plan: GOAL 1: Quality of Life. To ensure that the character, magnitude, and location of all land uses provides a system for orderly growth and development(as defined in sections 163.3221 and 380.04, Florida Statutes) that achieves a balanced, natural, energy efficient, and economic environment, and enhances the quality of life of all residents throughout and beyond the 2030 planning horizon. Response: The subject site as it currently exists is an enclave surrounded by the City of Winter Springs. This enclave is adjacent to the City's Town Center and will be developed consistent with the City of Winter Springs Comprehensive Plan and Code of Ordinances. Policy 1.2.2: Potable Water. Do not issue development orders unless it can be determined that adequate potable water supplies and facilities are available. (Cross Reference: See Infrastructure Element, Policy 2.3.3) Response: Water is available to serve the project Policy 1.2.4: Sewer. Require residential redevelopment, to connect to or extend the central development, except for single family residential that includes See Infrastructure Element, Policy 1.4. 1) Response: Sewer is available to serve the project. and commercial development and sewer system to provide service to their only one or two lots. (Cross Reference: Policy 1.4.2: Higher Density Infill. Encourage the efficient use of land with compatible infill and higher density and intensity development within the Town Center and the U.S. 17-92 CRA Corridor. Response: The applicant seeks to expand the boundaries of both the City and the Town Center in preparation for a mixed-use community. Policy 1.8.2: Enclaves. Annex all enclaves, where feasible, in order to reduce land use conflicts and provide efficient public service. Response: The subject site, as it currently exists, is an enclave surrounded by the City of Winter Springs. The subject property represents the largest enclave within the City. Policy 1.8.3: Condition for Connection to City Utilities. Require new development within the County in areas that are contiguous to the City, to be annexed into the City and to be developed to City standards as a condition for connection to City utilities, unless that Public Hearings 502 PAGE 8 OF 12 - May 12, 2014 development is the subject of a mutually accepted utility agreement. Response: The subject property as it currently exists is an enclave surrounded by the City of Winter Springs. The requested Large -Scale Future Land Use Map Amendment is a companion to a proposed Annexation (Ordinance 2013-12) and Rezoning (Ordinance 2013-15) request. Upon annexation adoption, the proposed project will be developed to City standards as a condition for connection to City utilities. Policy 2.1.2: Design Charette. Host design charettes to create small area plans consistent with the Town Center Master Plan, involving property owners and stakeholders for the following areas, prior to their development: a. Between Orange Avenue and Lake Jesup b. North of and adjacent to Tuscawilla PUD Response: In accordance with Policy 2.1.2., Future Land Use Element, the City hosted a Design Charette for the proposed development on May 2, 2013. Policy 6.1.4: Procedures for Inclusion of Annexed Properties into the City's TCEA. Place properties that involve a large-scale land use amendment into a City TCEA Zone as part of the large-scale amendment process and amend simultaneously the appropriate TCEA map(s). Place properties that involve a small-scale land use amendment into a City TCEA Zone as part of the next large-scale amendment cycle, and amend simultaneously the appropriate TCEA map(s). During the interim period, after obtaining a City land use category, but prior to placement in a City TCEA Zone, development on property may proceed by the development providing and funding mobility standards and requirements of the most physically proximate Zone. If the property is adjacent to two Zones, the City shall assign the Zone after making a determination as to which is most appropriate. (Ord. 2010-18; 10-25- 10) Response: Per Policy 1. 11.2, Transportation Element, TCEA Zone A is identified as the Central Mobility Hub and is generally located at the heart of the City at the intersection of State Road 434 and Tuskawilla Road and coincides generally with the Town Center. As part of the requested Large -Scale Future Land Use Map Amendment, staff is placing the subject property within TCEA Zone A and simultaneously updating the existing TCEA Zone A Map to reflect said change (see Attachment G - TCEA Zone Map). Policy 1.3.1: Requires all development proposals to determine their specific impacts on current Level of Service (LOS) and mobility standards. Response: Staff has requested a revised Traffic Impact Analysis for said development. The revised report shall analyze the adjusted residential unit count from 336 to 450 total units. A complete/modified report is to accompany the future development proposal. Policy 1.3.4: Requires the City to support proposed future land use map amendments with data and analysis demonstrating that adequate water supplies and associated public facilities will be available to meet the projected growth demands. Response: City water and sewer service is available to serve the subject property. Policy 1.6.4: Encourages land uses that generate high traffic counts to locate adjacent Public Hearings 502 PAGE 9 OF 12 - May 12, 2014 to arterial roads and mass transit systems. Response: The proposed mixed-use development is adjacent to both Tuskawilla Road and State Road 434. Both roadways are four (4) lane arterial facilities that are currently operating at or above level of service B. Policy 1.7.1: Requires the City to consider existing and proposed land uses in adjacent jurisdictions when reviewing proposed land use amendments. Response: The proposed use and density is compatible with the surrounding area, as it generally characterized by low and medium density residential, commercial, and public/semi-public development patterns. Transportation Element The proposed future land use amendment is consistent with the following policies from the Transportation Element of the Comprehensive Plan: Policy 1.1.7 and Policy 1.11.5: Requires a Transportation Impact Analysis for all new development generating more than 300 total annual average daily trips. Response: Staff has requested a revised Traffic Impact Analysis for said development. A complete/modified report is to accompany the future development proposal. FINDINGS: 1. The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. 2. The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. 3. Considering the type and location of uses involved and the general character of the area, the change of the FLUM designation will not result in any incompatible land uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed important. 4. The request is consistent with Florida Statute Chapter 163, Part 11, of the Florida Statutes. REZONING ANALYSIS: The following summarizes the data and issues which Staff analyzed in reviewing this application as required by the Code of Ordinances, Section 20-3 1: (1) Compliance with Procedural Requirements -The proposed rezoning is in compliance with all procedural requirements established by the City Code and law. Requirements for advertising the land use action have been met. (2) Consistent with the Comprehensive Plan- The proposed rezoning change is consistent with the City's Comprehensive Plan and the proposed change will not have an adverse effect on the Comprehensive Plan. (3) Consistent with any Master Plan for the property- The applicant has requested this rezoning to allow the properties, in conjunction with 50 acres within the City just to the south, to be developed as a mixed use community. (4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan - The proposed rezoning from Seminole County's Agriculture "A-V & Industrial "M-1" to Winter Springs "Town Center" is appropriate and compatible with the land use pattern established by the City's Comprehensive Plan (see Attachment H - Ordinance 2013-15). Surrounding properties within the City have future land use designations of "Town Center" and "Low Density Residential". Surrounding Public Hearings 502 PAGE 10 OF 12 - May 12, 2014 properties within Seminole County have a future land use designations of "Industrial" and "Medium Density Residential". (5) Does Not Create Spot Zoning- The proposed rezoning does not create a spot zone, which is prohibited by law. The adjoining properties are zoned for residential, town center, and planned unit development. (6) Does Not Materially Alter the Population Density Pattern- The proposed rezoning does not alter the existing developed population density pattern and therefore will not overtax the load on public facilities and services (utilities, streets, and other municipal services and infrastructure). (7) Does Not Create Illogically Drawn Zoning District Boundaries- The proposed rezoning does not result in existing zoning district boundaries that are illogically drawn in relation to the existing conditions on the property and the surrounding area and the land use pattern established by the City's Comprehensive Plan. (8) Changed Conditions Make the Proposed Rezoning Necessary- The proposed zoning designation of "Town Center" is compatible with the proposed "Town Center" Future Land Use Map designation described within Ordinance 2013-13. (9)No Serious Reduction in Light or Air to Adjacent Areas- The proposed rezoning will not seriously reduce light or air to adjacent areas. (10) Adverse Impact on Surrounding Property Values- The proposed zoning designation has been determined by evaluating the prevailing character of the area around the subject property. (I I)Not Detrimental to Future Improvement of Adjacent Vacant Property- The intent in the zoning of the property is to apply a zoning classification for the subject property that is consistent and compatible with the surrounding land uses. (12) Does Not Constitute a Special Privilege- The proposed rezoning does not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. (13) Not out of Scale- The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the City. (14) Does Not Violate any City Land Use Regulations- The proposed rezoning does not violate any applicable land use regulations adopted by the City. FINDINGS: In analyzing the rezoning request, it has been determined that the fourteen (14) review standards included in Section 20-31 were satisfied. FISCAL IMPACT: The proposed Large -Scale Future Land Use Map Amendment and Rezoning serves as the preliminary stage for allowing the subject property to be developed into a mixed- use development. Development of the subject property will provide an increase to the City's taxable value. A Fiscal Analysis will be performed once the development detail of the property are presented to the City COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives Public Hearings 502 PAGE 11 OF 12 - May 12, 2014 on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Pursuant to Florida Statutes 171.044 (6), the Seminole County Board of County Commissioners was sent via Certified Mail the notice of Annexation, Large -Scale Plan Amendment, and Rezoning for the subject parcels on April 18, 2014 (see Attachment I Notification Letter). Adjacent property owners have been notified by U.S. mail on September 23, 2013. Notification Letters). The request was legally advertised within the Orlando Sentinel on April 24, 2014 and May 1, 2014 (see Attachment J, Legal Advertisements). In addition, the properties have been posted with a large yellow sign. Lastly, in accordance with Policy 2.1.2., Future Land Use Element, the City hosted a Design Charette for the proposed development on May 2, 2013. RECOMMENDATION: The Community Development Department — Planning Division and the Planning and Zoning Board/Local Planning Agency requests that the City Commission hold a Public Hearing for Second Reading and Adoption of both Ordinance 2013-13, a Large - Scale Future Land Use Map Amendment, and Ordinance 2013-15, which proposes to rezone nine (9) parcels totaling approximately 60 gross acres, more or less, currently within Seminole County, Florida, and generally located south of State Road 434 and east of Tuskawilla Road. In addition, the Community Development Department - Planning Division requests that the City Commission support the placement of the subject property within TCEA Zone A and simultaneously update the existing TCEA Zone A Map to reflect said change. ATTACHMENTS: A - Location Map B - Ordinance 2013-13 C - Concept Plan D - Annexation Agreement E - Traffic Impact Analysis F - Preliminary Environmental Analysis G - TCEA Zone Map H - Ordinance 2013-15 1 - Notification Letter J - Legal Advertisements Public Hearings 502 PAGE 12 OF 12 - May 12, 2014 �mo� ALM 0 wk V 9 F W -V IM !g OT, pu lop.. L T IsFE t. Bill &Z� -'w 00 m WON m 44 Or. I 'n NA& NA. 'I - 4 47 *It lw� wel *Mum." 4V TA -1 1.0 120 VIE_ qNA 'W'R PAPA A% F�� et7 V 9 F W -V IM !g OT, pu lop.. L T IsFE t. Bill &Z� -'w 00 m WON m 44 Or. I 'n NA& NA. 'I - 4 47 *It lw� wel *Mum." 4V TA -1 1.0 120 VIE_ qNA 'W'R PAPA A% F�� Attachment "B" ORDINANCE NO. 2013-13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS DESCRIBED AS NINE (9) PARCELS OF LAND, CONTAINING 60 GROSS ACRES, MORE OR LESS, AND GENERALLY LOCATED SOUTH OF STATE ROAD 434 AND EAST OF TUSKAWILLA ROAD, SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "INDUSTRIAL" TO CITY OF WINTER SPRINGS "TOWN CENTER"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE COMPREHENSIVE PLAN; SEVERABILITY, AND AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT. WHEREAS, section 163.3161 et. seq., Florida Statutes (2011) established the Community Planning Act, which was formerly known as the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, the Community Planning Act requires each municipality in the State of Florida to prepare, adopt, and update a Comprehensive Plan; and WHEREAS, in accordance with the provisions of the Community Planning Act, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on October 2, 2013 on the proposed comprehensive plan amendment set forth in this Ordinance and considered applicable data and analysis and the findings and advice of staff, citizens, and all interested parties submitting written and oral comments; and WHEREAS, the Local Planning Agency recommended the City Commission adopt the comprehensive plan text amendment set forth in this Ordinance; and WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida; and City of Winter Springs Ordinance No. 2013-13 Page I of 3 NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Community Planning Act, Sections 163.3161 et. seq., Florida Statutes. Section 3. Purpose and Intent. The purpose and intent of this ordinance is to adopt a comprehensive plan amendment incorporating the revisions stated herein as part of the City of Winter Springs Comprehensive Plan. Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property depicted on Exhibit "A" from Seminole County "Industrial" to City of Winter Springs "Town Center." Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission of the City of Winter Springs, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Incorporation Into Comprehensive Plan. Upon the effective date of the Comprehensive Plan amendments adopted by this Ordinance, said amendments shall be incorporated into the City of Winter Springs Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Comprehensive Plan may be freely made. Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date ofthe Comprehensive Plan Amendment adopted by this Ordinance shall be thirty-one (3 1) days after the state land planning agency notifies the City that the plan amendment package is complete pursuant to section 163.3184 (3)(c), Florida Statutes. If the plan amendment is timely challenged, the plan amendment shall not become effective until the state land planning agency or the City of Winter Springs Ordinance No. 2013-13 Page 2 of 3 Administration Commission enters a final order determining the adopted amendment to be in compliance. No development orders, development permits, or land use dependent on this plan amendment may be issued or commenced before it has become effective. After and from the effective date of this plan amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs Comprehensive Plan and become a part of that plan and the plan amendment shall have the legal status of the City of Winter Springs Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of 2014. ATTEST: Andrea Lorenzo-Luaces, City Clerk Charles Lacey, Mayor Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney City of Winter Springs Ordinance No. 2013-13 Page 3 of 3 Exhibit "A" LEGAL DESCRIPTION (PER TITLE COMMITMENT) - PARCELS 7, 8, 12, 14, and 17 and the platted roads, Gardena Farms, as recorded in Plat Book 6, pages 23 through 24, of the Public Records of Seminole County, Florida, together being described as follows: A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page5,and a portion of Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, and a portion of Gardena Farms, as recorded in Plat Book 6, Pages 23 through 24, all of the Public Records of Seminole County, Florida, being more particularly described as follows: COMMENCING at the Northwest comer of Lot 5 1, Tuscawilla Unit 9, as recorded in Plat Book 24, pages 72-73 of the Public Records of Seminole County, Florida; thence run North 55'2726" West, along the Westerly right of way line of Rails to Trails, as recorded in Official Records Book 3177, Page 632 of the Public Records of Seminole County, Florida, for a distance of 595.66 feet to the POINT OF BEGINNING; Thence departing said Westerly right of way line ran South 24'15'3 9 West, along the Westerly line of Lot 1, Block 1, Gardena Farms Town Sites, as recorded in Plat Book 6, page 39 of the Public Records of Seminole County, Florida, for a distance of 86.39 feet; thence run South 09'45'37" West for a distance of 55.07 feet to a point on the Southerly right of way line of Railroad Avenue, as shown on the said Plat of Gardena Farms Town Sites; thence run North 55027'26" West, along said Southerly right of way line, for a distance of 636.73 feet to a point on the South line of the North 1/2 of Block 3 of said Gardena Farms Town Sites; thence departing said Southerly right of way line, run North 85'4244" West, along said South line of the North 1/2 of Block 3, for a distance of 635.00 feet to a point on the West line of said Block 3; thence departing said South line, run North 04' 1 TI 6 " East, along said West line, for a distance of 377.73 feet to the North line of said Gardena Farms Town Sites; thence departing said West line, ran North 85'44'34" West, along said North line, for a distance of 1291.09 feet to a point on the Easterly right of way line of Tuskawilla Road; thence ran North 13'1 Y3 4" East, along said Easterly right of way line, for a distance of 45.94 to the point of curvature of a curve, concave Westerly, having a radius of 5 8 13 .47 feet, a chord bearing of North I I ' 19'2 0" East and a chord distance of 3 82.08 feet; thence run Northerly along the arc of said curve, and said Easterly right of way line, through a central angle of 03'45'59" for an arc distance of 382.15 feet to the point of compound curvature of a curve, concave Easterly, having a radius of 5693.21 feet, a chord bearing of North 11'19'33" East and a chord distance of 374.86 feet; thence ran Northerly along said curve and said Easterly right of way line, through a central angle of 03'4624" for an arc distance of 374.93 feet to the point of tangency; thence run North 13'13'03 " East along said Easterly right of way line, for a distance of 12.05 feet; thence departing said Easterly right of way line, ran South 87'58'44" East for a distance of 511.70 feet to the Westerly right of way line of the unnamed street as shown in said Plat Book 1, page 5; thence ran South 871 T59 " East for a distance of 15.00 feet to the centerline of said unnamed street; thence run North 02"41'54" East, along said centerline of unnarned street, for a distance of 372.00 feet; thence ran North 87'17'59" West for a distance of 15.00 feet to the aforesaid Westerly right of way line of the unnamed street; thence departing said Westerly right of way line, run North 8 1'23'14" West for a distance of 188.75 feet; thence run North 11"14'43" East for a distance of 47.95 feet; thence run North 74'48'12" West for a distance of 244.40 feet to the aforesaid Easterly right of way line of Tuskawilla Road, said point being on a curve, concave Easterly, having a radius of 5677.58 feet, a chord bearing of North 14'37'20" East and a chord distance of 240.25 feet; thence run Northerly along the are of said curve, and said Easterly right of way line, through a central angle of 02'25'29" for an arc distance of 240.27 feet; thence departing said Easterly right of way line, ran South 87'58'38" East for a distance of 369.67 feet to a point on the aforesaid Westerly right of way line of the unnamed street; thence ran South 871 T54" East for a distance of 30.00 feet to a point on the Easterly right of way line of the unnamed street; thence ran South 02'42'26" West, along the said Easterly right of way line, for a distance of 14.64 feet; thence departing said Easterly right of way line, run South 87'58'3 8" East for a distance of 142.88 feet to a point on the Westerly right of way line of the Rails to Trails, said point also being a point on a curve, concave Easterly, having a radius of 4008.02 feet, a chord bearing of South 04'25'42" East and a chord distance of 293.20 feet; thence run Southerly along the are of said curve, and said Westerly right of way line, through a central angle of 04'1 V32" for an arc distance of 293.27 feet to the point of compound curvature of a curve, concave Easterly, having a radius of 2248.74 feet, a chord bearing of South 15030'27" East and a chord distance of 689.06 feet; thence ran Southerly along the arc of said curve, and said Westerly right of way line, through a central angle of 17'37'34" for an are distance of 691.79 feet to the point of compound curvature of a curve, concave Northeasterly, having a radius of 1915.3 5 feet, a chord bearing of South 3 7'05'3 3 " East and a chord distance of 846.86 feet; thence run Southeasterly along the are of said curve, and said Westerly right of way line, through a central angle of 25'32'38" for an are distance of 853.91 feet; thence run North 37'08'28" East, along said Westerly and Southerly right of way line, for a distance of 19.99 feet; thence ran South 521144155" East, along said Westerly and Southerly right of way line, for a distance of 236.35 feet; thence run South 38'13'59" West, along said Westerly and Southerly right of way line, for a distance of 17.96 feet; thence run South 55'27'26" East, along said Westerly and Southerly right of way line, for a distance of 819.82 feet to the POINT OF BEGINNING. LESS AND EXCEPT any platted rights of way not shown as vacated. Containing 1,517,496 square feet, or 34.84 acres, more or less. Parcels 4, 5, 9, and 10, together being described as follows - A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page 5, and a portion of Gardena Farms Town Sites, as recorded 'in Plat Book 6, Page 39, all of the Public Records of Seminole County, Florida, being more particularly described as follows: BEGINNING at the Northwest comer of the Reserve at Tuscawilla Phase II, as recorded in Plat Book 50, Pages 3 through 9 of the Public Records of Seminole County, Florida; thence run thence run South 00'45'3 3 " East along the Westerly line of said Reserve at Tuscawilla, Phase 11, also being the East line of Block A and Block D, Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, of the said Public Records of Seminole County, Florida, for a distance of 810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails; thence departing said West line and said East line, ran North 55'28'13" West along said Northeasterly right of way line, for a distance of 1393.50 feet to the point of curvature of a curve, concave Northeasterly, having a radius of 1815.35 feet, a chord bearing of North 39'53'47" West and a chord distance of 973.99 feet; thence run Northwesterly along the are of said curve, and said Northeasterly right of way line, through a central angle of 31'07'19" for an arc distance of 986.06 feet; thence departing said curve, and said Northeasterly right of way line, ran South 85'45'55" East for a distance of 956.82 feet to a point on the Southerly right of way line of State Road 434; thence run South 41'02'40" East along said Southerly right of way line for a distance of 43.63 feet to a point on a curve, concave Northeasterly, having a radius of 2998.40 feet, a chord bearing of South 5 6' 12'43 " East and a chord distance of 3 7 3.7 8 feet; thence run Southeasterly along the arc of said curve, and said Southerly right of way line, through a central angle of 07'08'50" for an arc distance of 374.02 feet; thence departing said curve, run North 30'12'52" East, along said Southerly right of way line, for a distance of 15.00 feet to a point on a curve, concave Northeasterly, having a radius of 2983.40 feet, a chord bearing of South 61'27'48" East and a chord distance of 174.69 feet; thence ran Southeasterly along the arc of said curve, and said Southerly right of way line, through a central angle of 03'2 120" for an arc distance of 174.72 feet; thence departing said curve, run South 04'13'03" West, along said Southerly right of way line, for a distance of 206.3 8 feet to the Northerly right of way line of Old State Road 434; thence run South 3 1'20'20" West for a distance of 30.00 to the Centerline of said right of way, said point also being on a curve, concave Northerly, having a radius of 581.40 feet, a chord bearing of South 76'03'01 " East and a chord distance of 347.22 feet; thence run Easterly along the arc of said curve, and said Centerline, through a central angle of 34'44'53" for an arc distance 352.60 feet; thence departing said curve, run South 02'25'12" East for a distance of 29.86 feet to the POINT OF BEGINNING. LESS AND EXCEPT any platted rights of way not shown as vacated.. AND ALSO LESS AND EXCEPT that portion of old State Road 434 as shown on the Florida Department of Transportation Right of Way Map Section 77070-2517. Containing 1,207,960. square feet, or 27.73 acres, more or less. Parcel 15, also being described as follows: A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, being more particularly described as follows - COMMENCING at the Northwest comer of the Reserve at Tuscawilla Phase 11, as recorded in Plat Book 50, Pages 3 through 9 of the Public Records of Seminole County, Florida; thence run thence run South 00'453 3 East along the Westerly line of said Reserve at Tuscawilla, Phase 11, also being the East line of Block A and Block D, Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, of the said Public Records of Seminole County, Florida, for a distance of 810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails; thence depa-rtmig said West line and said East line, run North 55'28'13" West along said Northeasterly right of way line, for a distance of 1393.50 feet to the point of curvature of a curve, concave Northeasterly, having a radius of 1815.35 feet, a chord bearing of North 39'53'47" West and a chord distance of 973.99 feet; thence run Northwesterly along the arc of said curve, and said Northeasterly right of way line, through a central angle of 3 1'07'19" for an are distance of 986.06 feet; thence departing said curve, and said Northeasterly right of way line, run South 85'45'55" East for a distance of 956.82 feet to a point on the Southerly right of way line of State Road 434; thence continue South 85'45'55" East for a distance of 279.36 feet to a point on the Northerly right of way line of said State Road 434 and the POINT OF BEGINNING; thence departing said Southerly night of way line, ran South 85'45'55" East for a distance of 242.50 feet; thence run South 04' 13'03 " West for a distance of 132.06 feet to a point on the aforesaid Northerly right of way line, said pointalso being a point on a curve, concave Northeasterly, having a radius of 2853.40 feet, a chord bearing of North 60'55'00" West and a chord distance of 112.65 feet; thence run Northwesterly along the arc of said curve, and said Northerly right of way line, through a central angle of 02'15'44" for an arc distance of 112.66 feet; thence departing said curve, run North 3 0'12'52" East, along said Northerly right of way line, for a distance of 10.00 feet to a point on a curve, concave Northeasterly, having a radius of 2843.40 feet, a chord bearing of North 58'08'24" West and a chord distance of 163.31 feet; thence ran Northwesterly along the arc of said curve, and said Northerly right of way line, through a central angle of 03'17'29" for an are distance of 163.34 feet to the POINT OF BEGINNING - Containing 16,3 74 square feet, or 0. 3 8 acres, more or less. '.7 CL CL Z7 . Ell L i 1:3 ID CL L L Tq'm YL m no > CD CD 0 rTl-.a m M. Blake Blvd 0 CP Wetlands 5 1 04 Wetlands -lid Heatherwoo Ct 4C Wetlands, Reserve at '4b Yb Tuskawillai— Phase I .T. Indian Trail Middle Scho I Amur - Pedestrian Acces To School Site lz� White Oak Dr Cassa Park Townhomes Reserve atl�o 'A L 11 N i , Tusk.will. V 17A Keith Elementry' Phase 11 ',' School 'k Prepared by and return to: ATTACHMENT "D" Anthony Garganese, Esquire Brown, Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32801 (407) 425-9566 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT ("Agreement") is made and entered into this 12th day of May, 2014 (the "Effective Date") by and between the City of Winter Springs, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter the "City") whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and Standard Pacific of Florida GP, a Delaware Corporation (hereinafter referred to as "Developer") whose address is and shall be fully enforceable in accordance with the terms hereof. WITNESSETH: "EREAS, the Developer is the contract purchaser of certain real property approximately 116 acres in size and located within unincorporated Seminole County, Florida, and within the City of Winter Springs, Florida, which real property is more particularly described in EXHIBIT "A" (attached hereto and incorporated herein by reference; said property 7 hereinafter being referred to as the "Property"); and WHEREAS, the Developer has represented to the City that it intends to complete the acquisition of the Property and develop the Property in accordance with the terms and conditions of this Agreement upon the condition that this Agreement be approved and the City granting the Future Land Use and Zoning approvals specified in section 3 (a) of this Agreement; and WHEREAS, a substantial portion of the unincorporated Property has been included into the City's Town Center Master Plan for future development upon annexation into the City; and WHEREAS, the Developer desires to annex the portions of the Property located within unincorporated Seminole County into the City of Winter Springs, which real property is more particularly described in Exhibit "B" (attached hereto and incorporated herein by reference; said property hereinafter referred to as the :,Annexed Property"), and to aggregate it with the portion of the Property located within the City of Winter Springs in order to develop the property as one uniform Town Center development project pursuant to the City's Town Center District Code; and W]REREAS, the Developer has participated in the design charette required by the City's Comprehensive Plan, Future Land Use Element, Policy 2.1.2 for the future development of the Property which resulted in the Developer proposing the Concept Plan referenced in Section 5 (a) of this Agreement; and WHEREAS, the purpose of this Agreement is to set forth the understandings and agreements of the parties with respect to the foregoing, and other matters as agreed to and set forth herein; and WHEREAS, this Agreement is authorized by, permitted by, and consistent with the provisions of the City's horne rule Charter; the City's Comprehensive Plan; Chapters 163 and 166, Florida Statutes; Article VIII, Section 2b, Constitution of the State of Florida; Chapter 171, Florida Statutes; and other applicable law, and serves and advances an important public purpose of expanding the City's existing Town Center, providing good housing opportunities and economic development; and NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration each to the other has provided, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Recitals. (a) The recitals are adopted as the findings of the City Commission of the City of Winter Springs, Florida. (b) The above recitals are true and correct and are incorporated into this Agreement by reference, and are a material part of this Agreement upon which the parties have relied, including but not limited to the assertions that the Developer has a contract to purchase the Property and is empowered to enter into this Agreement and make binding future commitments for the Property once the Property is acquired by Developer. 2. Annexation. The Developer and the City agree to pursue annexation of the Annexed Property into the City of Winter Springs boundaries pursuant to the terms and conditions of this Agreement and applicable law. Developer agrees that they will not contest or object to the annexation of the Annexed Property (provided such annexation is consistent with the terrns hereof) and that the parties will fully cooperate with each other to achieve the annexation and future development of the Property on the terms and conditions set forth herein. 3. Municipal Services'. The City shall provide directly, or through a franchise or contract with another service provider, police and fire protection, emergency medical services, water and wastewater set -vices, solid waste collection, disposal and recycling services to the Property and all improvements from time to time located thereon, on the same terms and conditions and in the same manner as is afforded to all other similarly situated property owners within the City. 4. Development Conditions — Future Land Use and Zoning Map. (a) In order to facilitate the development of the Property, the City agrees, upon annexation of the unincorporated portions of the Property, to advertise and proceed with public hearings to amend the former unincorporated portion of the Property's Comprehensive 2 Plan Future Land Use Map designation to City "Town Center" and Official Zoning Map classification to City "Town Center." In addition, the City shall proceed with further designating the Town Center Future Land Use Map designation portions of the Property with transect overlay sub -designations of T3, T4, and T5, as more specifically depicted on the Transect Map attached hereto and fully incorporated herein as Exhibit "C." The aforementioned comprehensive and zoning map amendments (inclusive of the transect sub -designations) shall be subject to Florida law and City Code, and shall be subject to final approval by the City Commission of Winter Springs. No provision of this Agreement shall be construed as guaranteeing that the amendments will be approved by the City Commission. Each party will fully cooperate with each other to achieve the amendments on the terms and conditions set forth herein including, but not limited to, submitting and executing any applications customarily required by the City. The City may proceed with the aforementioned public hearings simultaneous to or immediately after the adoption of this Agreement. (b) It is understood and agreed that Developer will pay the fees, costs, or expenses that are customarily charged by the City on account of or in connection with the City's review and processing of the comprehensive plan and zoning map amendments for the Property; provided however, that the City shall pay its own attorneys' fees and consulting fees and staff time, as may be determined to be necessary by the City. 5. Additional Develonment Conditions. It is the intent of the City and Developer that the Property be developed as a mixed use development incorporating high end residential units and compatible commercial uses consistent with the City's Town Center goals, policies and objectives set forth in the City's Comprehensive Plan and Town Center District Code, It is further understood and agreed by the parties that in order to facilitate such development of the Property, the following development conditions shall apply: (a) Maximum Residential Units and Density, Commercial Development. The parties agree that subject to applicable law. the maximum number of residential units that can be developed on the Property is four hundred fifty (450) units, and the maximum density for the Property shall not exceed four (4) units per gross acre. The Property will generally be developed in accordance with the Concept Plan attached hereto as Exhibit "Wl ' subjcct to final engineering approval in accordance with the applicable provisions of the City Code. In addition, land shall be set aside for future commercial development on the portion of the Property identified as "commercial" on the said Concept Plan. (b) Town Center Development Project. The parties agree that the Property will be incorporated into the City's Town Center and developed as a Town Center development project, regardless of the underlying future land use designation and zoning classification of the Property. (c) Property Currently Located within the -Ci . The parties acknowledge that portions of the Property are currently located within the City of Winter Springs and have a Low Density Residential Future Land Use designation and a Planned Unit Development zoning classification. A future land use and zoning map amendment is not contemplated nor required for this portion of the Property. However, in order to incorporate this Property into the proposed Town Center project in a unified manner, the parties agree that this Property shall be governed in 3 all respects by the City's Town Center District Code as if this portion of the Property was zoned Town Center. (d) Vacation of Old SR 434 Right -of --Way. The City agrees to provide Developer assistance and support in order to facilitate the vacation, by the State of Florida, of the old State Road 434 right-of-way as generally depicted on Exhibit "E," which is attached hereto and incorporated herein by this reference. The City's support and assistance will be in accordance with law. (e) Vacation of Other Rights -of -Way. The parties acknowledge that during the development of the Property, Developer will design and dedicate certain public rights-of-way to the City in accordance with a right-of-way master plan approved by the City. To the extent that the Property is encumbered with existing rights-of-way that do not support the right-of-way master plan, the City will support the vacation of the existing rights-of-way (subject to reservation of utility casements if necessary) that are inconsistent with the master plan and no longer needed for the development in accordance with the requirements of law. (f) Future Development Agreement. The parties acknowledge and agree that this Annexation Agreement only addresses preliminary matters for the annexation and future development of the Property within the City. The parties contemplate as the Developer proceeds through the City's development review process to obtain a development order(s) for the Property, the parties will need to negotiate and prepare a more detailed development agreement that will more specifically sets forth the parties obligations and requirements for the development of the Property. (g) Approval of Brownfield Area. The parties acknowledge that a portion of the Property identified on Exhibit "F" attached hereto is a designated Brownfield Area pursuant to Resolution No. 2007-R-233 ("County Resolution") adopted by Seminole County, Florida on December 11, 2007. The City hereby approves the Property as a Brownfield Area and adopts the County designation as sufficient for City Brownfield designation, pursuant to Florida Statute § 376.80, and agrees to adopt a similar City resolution ratifying the designation within the jurisdictional limits of the City to the extent deerned necessary by the parties or the State of Florida. The ratification of the Brownfield Area shall occur within thirty (30) days of the annexation of the unincorporated portions of the Property becoming effective and shall be subject to the procedure and requirements of Section 376.80, Florida Statutes. Further, the Developer may, in the future, request that the City authorize an expansion of the Brownfield Area to include a small portion of property that Developer's due diligence environmental report may indicate contains contaminated soil impacts. Upon receipt of such request from the Developer in writing, the City shall pursue the adoption of a resolution approving the expansion in accordance with Section 376.80, Florida Statutes. 6. Notice of Property Acquisition; Duty To Cooperate. (a) The parties agree to cooperate at all times, in a timely manner., and in good faith regarding the implementation of this Agreement. This cooperation shall extend to the granting by the City and the acquisition by the Developer, of applicable necessary municipal permits and development orders, and the Developer shall diligently process and seek the receipt Ell of, and shall use reasonable legal means, to obtain all necessary state, municipal, federal permits, development orders, licenses, easements and other approvals or rights in connection with the development of the Property in accordance with this Agreement and applicable land use, zoning, land development, building and construction regulations. (b) Within five (5) days of acquiring title to the Property, Developer shall provide the City and the City Attorney with written notice of acquisition so this Agreement may be recorded in accordance with Paragraph 14 of this Agreement. 7. Further Assurances, in addition to the acts recited in or set forth in this Agreement, the parties agree to perforrn or cause to be performed in a timely manner, any and all further acts as may be reasonably necessary to implement the provisions of this Agreement, including but not limited to the execution andlor recordation of further instruments, provided however that the City's obligation shall be subject to such limitations of law as may be applicable to municipalities. 8. Limitations of Remedies. The parties hereby agree not to pursue an award of monetary damages for a breach by or non-performance of the other party under this Agreement. The only remedies of the other party available against the non-performing party under this Agreement shall be either to withhold further performance under the Agreement until the non- performing party cures the non-performance, or to seek a court order from the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole County, Florida requiring the non-performing party to fulfill its obligations under the Agreement. However, nothing in this Agreement shall be construed to limit the right of either party to pursue any and all available remedies if any, under non -tort or constitutional law relating to a party's non-performance under the Agreement so long as damages are not sought, The City will not waive sovereign immunity and does not waive sovereign immunity to any extent by reason of this Agreement, and in the event Developer seeks any relief against the City, the City may rely on any available defense arising out of its sovereign immunity. In the event a court order is issued declaring non-performance by either party, the non- performing party shall be required to reimburse the other party any actual and reasonable expenses incurred as a result of the breach (excluding attorney's fees and legal costs). 9. Disclaimer Of Third Party Beneficiaries. This Agreement is solely for the benefit of the formal parties to this Agreement and no right or cause of action shall accrue by reason hereof to or for the benefit of any third party that is not a formal party hereto. Nothing in this Agreement, express or implied, is intended to be nor shall be a conferring upon or giving any person or entity any right, remedy or claim by reason of this Agreement or any provisions or conditions hereof, including any provisions or conditions hereof that may be implied or suggested in equity, and only the express parties to this Agreement and their respective designated representatives, successors and assigns shall have any rights under this Agreement. 10. Time Is Of The Essence. The parties agree that they shall diligently and expeditiously pursue their respective obligations. 11. Successors and Assigns. Developer may assign the rights under this Agreement to another party by written instrument, provided the assignee shall expressly agree under said instrument to be bound by the terms and conditions of this Agreement. Within three (3) days of R any such assignment, the Developer and assignee shall provide the City with a copy of the written assignment instrument, This Agreement and the terms and conditions hereof shall be binding upon and inure only to the benefit of the City and the Developer, and their respective successors in interest. 12, Applicable Law. This Agreement and the provisions herein shall be construed, controlled and interpreted according to the laws of Florida. 13, Binding Effect. Each party represents to the other it has undertaken all necessary actions to execute this Aureement and has the lecal authority to enter this Agreement and to ID 0 undertake all obligations imposed on it. 14. Recordin2; Termination for Failure to Timely Acguire PropyrL. Upon Developer's execution of this Ageernent and the City receiving the written notice of acquisition from the Developer pursuant to Paragraph 6 (b) of this Agreement, the City shall, at its sole cost and expense, record a fully executed copy of this Agreement in the Public Records of Seminole County, Florida, In the event the City does not receive written notice of acquisition from the Developer within one (1) year from the date that the last party to this Agreement executes the same, this Agreement shall automatically be deemed null and void and terminated unless the parties mutually agree to additional time to permit Developer to acquire the Property under the terms and conditions of this Agreement. 15. Venue. Any and all actions or proceedings arising out of or related to this Agreement or brought to enforce or interpret this Agreement, shall be brought exclusively and solely in the court of appropriate jurisdiction in Seminole County, Florida. 16. Construction Or Interpretation Of the Agreement. This Agreement is the result of bona fide arm's length negotiations between the parties and all parties have contributed substantially and materially to the preparation of the Agreement and were represented by counsel. Accordingly, this Agreement shall not be construed or interpreted more strictly against one party as against the other party. 17. Development Permits. Nothing herein shall limit the City's authority to grant or properly deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Developer or the City of the necessity of complying with the law governing said permitting requirement, condition, temi or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building or unit if Developer is in breach of any term or condition of this Agreement. 18. Attorneys' Fees and Costs. In the event of a dispute regarding this Agreement, the parties shall bear their own attorneys' fees and legal costs and neither shall be responsible to pay the other's legal fees. Cl rc 19. Caption/Exhibits. (a) The headings or captions of the sections and subsections contained in this 0 Agreement are for convenience and reference only, and do not, in themselves, have any legal significance and shall not be afforded any. (b) The exhibits to this Agreement are hereby incorporated into this Agreement and are an integral part of this Agreement. In the event of any conflict between the Agreement and any exhibit, the terms of the Agreement shall govern and control except with respect to the legal description or description of the Property, in which case the correct statement in an exhibit will control over the Agreement, but only if the description in the exhibit is determined to be accurate. 20. Parties Bound. Following the recordation of this Agreement, the benefits and burdens of this Agreement will become a covenant running with the title to the Property and all parts and parcels thereof, and this Agreement shall be binding upon and will inure to the benefit of both the City and Developer, and the assigns and successors in interest to the Property and all parts and parcels thereof. 21. Severability. If any provision of this Agreement is held to be unlawful by a court of competent jurisdiction, the unlawful portion shall be deemed separate and distinct, and the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of the Agreement. However, if the portion found to be unlawful results in the loss of a material benefit by the owner as a result of the excising or removal of such unlawful provision, then the Developer may terminate the Agreement. 22. Notices, Any notice delivered shall be in writing and shall be deemed to be delivered (whether or not actually received) when it is hand delivered to the official hereinafter designated; upon receipt of such notice when deposited in the United States Mail, postage prepaid, certified mail return receipt requested; or upon receipt of such notice when deposited with Federal Express or other nationally recognized overnight or next day courier, addressed to the parties as follows: To Developer: With a copy to: To City: Kevin Smith City Manager City of Winter Springs 1126 East State Road 434 7 Winter Springs, Florida 32708 Telephone: (407) 327-5957 Fax: (407) 327-4753 With a copy to: Anthony A. Garganese Brown, Garganese, Weiss & D'Agresta, P.A. I I I N. Orange Ave, Suite 2000 Orlando, Florida 32801 Phone: (407) 425-9566 Fax: (407) 425-9596 23. Entire Amenient. This Agreement constitutes the complete and entire agreement between the parties with respect to the subject matter hereof and it supersedes all prior agreements, arrangements or understandings, whether oral or written. 24. Modification. This Agreement may not be amended, changed or modified nor may any material provisions hereunder be waived, except by a written document of equal dignity signed by the Developer and the City after approval by the City's City Commission at a public meeting. 25� Counterparts '. The Agreement may be executed in any number of counterparts, each of which shall be deenied an original, but all of which taken together shall constitute one and the same document. NMEREFORE, the parties hereto have caused these presents to be signed all as of the date and year first above written. WITNESSES: DEVELOPER: Standard Pacific of Florida GP, a Delaware Corporation Printed Name of Witness By: Its President Printed Name of Witness ATTEST (Seal): By: ANDREA LORENZO-LUACES City Clerk STATE OF_ COUNTY OF CITY OF WINTER SPRINGS, a Florida Municipal Corporation, By: CHARLESLACEY Mayor APPROVED AS TO FORM AND LEGALITY FOR THE CITY OF WINTER SPRINGS ONLY: ANTHONY A. GARGANESE, CITY ATTORNEY The foregoing instrument was acknowledged before me this day of —1 2014, by , as of Standard Pacific of Florida GP, a Delaware corporation who is personally known to me or who has produced as identification. (NOTARY SEAL) Notary Public Signature (Name typed, printed or stamped) Notary Public, State of Georgia Commission No.: My Commission Expires: Pli Exhibit "A" The Property 10 EXHIBIT "A" LEGAL DESCRIPTION (PER TITLE COMMITMENT): PARCELS 1, 2, 3, 6, 7, 8, 11, 12, 13, 14, 16, 17 and Portions of Lot 1, 22, 23, 24 and the platted roads, Gardena Farms, as recorded in Plat Book 6, pages 23 through 24, of the Public Records of Seminole County, Florida, together being described as follows: A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page 5, and a portion of Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, and a portion of Gardena Farms, as recorded in Plat Book 6, Pages 23 through 24, all of the Public Records of Seminole County, Florida, being more particularly described as follows: BEGINNING at the Northwest comer of Lot 5 1, Tuscawilla Unit 9, as recorded in Plat Book 24, pages 72-73 of the Public Records of Seminole County, Florida; thence run South 00'44'58" East, along the Westerly line of said Tuscawilla Unit 9, also being the Easterly line of Gardena Farms Town Sites as recorded in Plat Book 6, Page 39 of the Public Records of Seminole County, Florida, for a distance of 545.59 feet to the a point on the Northerly line of said Tuscawilla Unit 9, also being the Northerly line of Casa Park Villas Phase II and its Westerly extension; thence run North 85'40'44" West along said Northerly lines and said Westerly extension for a distance of 2372.28 feet; thence run North 04'17'16" East for a distance of 1404.44 feet; thence ran North 85'44'34" West for a distance of 701.01 feet to a point on the Easterly right of way line of Tuskawilla Road; thence run North 13'13'34" East, along said Easterly right of way line, for a distance of 45.94 to the point of curvature of a curve, concave Westerly, having a radius of 5813.47 feet, a chord bearing of North 11'19'20" East and a chord distance of 382.08 feet; thence run Northerly along the arc of said curve, and said Easterly right of way line, through a central angle of 03'45'59" for an arc distance of 382.15 feet to the point of compound curvature of a curve, concave Easterly, having a radius of 5693.21 feet, a chord bearing of North 119913" East and a. chord distance of 374.86 feet; thence run Northerly along said curve and said Easterly right of way line, through a central angle of 03'46'24" for an are distance of 374.93 feet to the point of tangency, thence run North 13'13'03" East, along said Easterly right of way line, for a distance of 12.05 feet; thence departing said Easterly right of way line, run South 87'58'44" East for a distance of 511.70 feet to the Westerly right of way line of the unnamed street as shown in said Plat Book 1, page 5; thence run South 879 759" East for a distance of 15.00 feet to the centerline of said unnamed street; thence run North 02'41'54" East, along said centerline of unnamed street, for a distance of 372.00 feet; thence run North 87'17'59" West for a distance of 15.00 feet to the aforesaid Westerly right of way line of the unnamed street; thence departing said Westerly right of way line, run North 8 1'23'14" West for a distance of 188.75 feet; thence run North 11'14'43" East for a distance of 47.95 feet, thence run North 74'48'12" West for a distance of 244.40 feet to the aforesaid Easterly right of way line of Tuskawilla Road, said point being on a curve, concave Easterly, having a radius of 5677.58 feet, a chord bearing of North 14'37'20" East and a chord distance of 240.25 feet-, thence run Northerly along the are of said curve, and said Easterly right of way line, through a central angle of 02'25'29" for an arc distance of 240.27 feet; thence departing said Easterly right of way line, ran South 87'58'38" East for a distance of 369.67 feet to a point on the aforesaid Westerly right of way line of the unnamed street; thence run South 87'17'34" East for a distance of 30.00 feet to a point on the Easterly right of way line of the unnamed street; thence run South 02'42'26" West, along the said Easterly right of way line, for a distance of 14,64 feet; thence departing said Easterly right of way line, run South 87'58'38" East for a distance of 142.88 feet to a point on the Westerly right of way line of the Rails to Trails, said point also being a point on a curve, concave Easterly, having a radius of 4008.02 feet, a chord bearing of South 04'25'42" East and a chord distance of 293.20 feet; thence run Southerly along the arc of said curve, and said Westerly right of way line, through a central angle of 04'1 V32" for an arc distance of 293.27 feet to the point of compound curvature of a curve, concave Easterly, having a radius of 2248.74 feet, a chord bearing of South 159027" East and a chord distance of 689.06 feet; thence run Southerly along the arc of said curve, and said Westerly right of way line, through a central angle of 173734" for an are distance of 691.79 feet to the point of compound curvature of a curve, concave Northeasterly, having a radius of 1915.35 feet, a chord bearing of South 370513" East and a chord distance of 846.86 feet; thence run Southeasterly along the arc of said curve, and said Westerly right of way line, through a central angle of 25'32'38" for an are distance of 853.91 feet; thence run North 37'08'28" East, along said Westerly and Southerly right of way line, for a distance of 19.99 feet; thence run South 52'44'55" East, along said Westerly and Southerly right of way line, for a distance of 236,35 feet; thence run South 389359" West, along said Westerly and Southerly right of way line, for a distance of 17.96 feet; thence run South 55'2726 East, along said Westerly and Southerly right of way line, for a distance of 1415.48 feet to the POINT OF BEGINNING. Containing 3,873,017 square feet, or 88.91 acres, more or less. U-MIJ Parcels 4, 5, 9, and 10, together being described as follows: A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page 5, and a portion of Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, all of the Public Records of Seminole County, Florida, being more particularly described as follows: BEGINNING at the Northwest comer of the Reserve at Tuscawilla Phase II, as recorded in Plat Book 50, Pages 3 through 9 of the Public Records of Seminole County, Florida; thence run thence run South 00145'33" East along the Westerly line of said Reserve at Tuscawilla, Phase 11, also being the East line of Block A and Block D, Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, of the said Public Records of Seminole County, Florida, for a distance of 810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails; thence departing said West line and said East line, run North 55'28'13" West along said Northeasterly right of way line, for a distance of 1393.50 feet to the point of curvature of a curve, concave Northeasterly, having a radius of 1815.35 feet, a chord bearing of North 39'53'47" West and a chord distance of 973.99 feet; thence run Northwesterly along the are of said curve, and said Northeasterly right of way line, through a central angle of 31'07'19" for an arc distance of 986.06 feet, thence departing said curve, and said Northeasterly right of way line, run South 85"45'55" East for a distance of 956.82 feet to a point on the Southerly right of way tine of State Road 434; thence run South 41'02'40" East along said Southerly right of way line for a distance of 43.63 feet to a point on a curve, concave Northeasterly, having a radius of 2998.40 feet, a chord bearing of South 56'12'43" East and a chord distance of 373.78 feet; thence run Southeasterly along the arc of said curve, and said Southerly right of way line, through a central angle of 07'08'50" for an arc distance of 374.02 feet; thence departing said curve, run North 30'12'52" East, along said Southerly right of way line, for a distance of 15.00 feet to a point on a curve, concave Northeasterly, having a radius of 2983.40 feet, a chord bearing of South 61'27'48" East and a chord distance of 174,69 feet; thence run Southeasterly along the arc of said curve, and said Southerly right of way line, through a central angle of 03'21'20" for an arc distance of 174.72 feet; thence departing said curve, ran South 04'13'03" West, along said Southerly right of way line, for a distance of 206.38 feet to the Northerly right of way line of Old State Road 434; thence run South 31'20'20" West for a distance of 30.00 to the Centerline of said right of way, said point also being on a curve, concave Northerly, having a radius of 581.40 feet, a chord bearing of South 76'03'01" East and a chord distance of 347.22 feet; thence nin Easterly along the arc of said curve, and said Centerline, through a central angle of 34'44'53" for an arc distance 352.60 feet; thence departing said curve, run South 02'25'12" East for a distance of 29.86 feet to the POINT OF BEGINNING. LESS AND EXCEPT that portion of Old State Road 434 as shown on the Florida Department of Transportation Right of Way Map Section 77070-2517. Containing 1,207,960. square feet, or 27.73 acres, more or less. AND Parcel 15, also being described as follows: A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, being more particularly described as follows: COMMENCING at the Northwest comer of the Reserve at Tuseawilla Phase II, as recorded in Plat Book 50, Pages 3 through 9 of the Public Records of Seminole County, Florida; thence run thence run South 00'45'33" East along the Westerly line of said Reserve at Tuscawilla, Phase 11, also being the East line of Block A and Block D, Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, of the said Public Records of Seminole County, Florida, for a distance of 810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails; thence departing said West line and said East line, run North 55'28'13" West along said Northeasterly right of way line, for a distance of 1393.50 feet to the point of curvature of a curve, concave Northeasterly, having a radius of 1815.35 feet, a chord bearing of North 39'53'47" West and a chord distance of 973.99 feet; thence run Northwesterly along the arc of said curve, and said Northeasterly right of way line, through a central angle of 31'07'19" for an are distance of 986.06 feet; thence departing said curve, and said Northeasterly right of way line, run South 85'45'55" East for a distance of 956.82 feet to a point on the Southerly right of way line of State Road 434; thence continue South 85'45'55" East for a distance of 279.36 feet to a point on the Northerly right of way line of said State Road 434 and the POINT OF BEGINNING; thence departing said Southerly right of way line, run South 85'45'55" East for a distance of 242.50 feet; thence run South 04'13'03" West for a distance of 132.06 feet to a point on the aforesaid Northerly right of way line, said point also being a point on a curve, concave Northeasterly, having a radius of 2853.40 feet, a chord bearing of North 60'55'00" West and a chord distance of 112.65 feet; thence run Northwesterly along the are of said curve, and said Northerly right of way line, through a central angle of 02'15'44" for an arc distance of 112.66 feet; thence departing said curve, run North 30'12'52" East, along said Northerly right of way line, for a distance of 10.00 feet to a point on a curve, concave Northeasterly, having a radius of 2843.40 feet, a chord bearing of North 58'08'24" West and a chord distance of 163.31 feet; thence run Northwesterly along the are of said curve, and said Northerly right of way line, through a central angle of 03'17'29" for an are distance of 163.34 feet to the POINT OF BEGD�NING. Containing 16,374 square feet, or 0.38 acres, more or less. Exhibit "B" Annexed Property 11 EXHIBIT "B" LEGAL DESCRIPTION (PER TITLE COMMITMENT): PARCELS 7, 8, 12, 14, and 17 and the platted roads, Gardena Farms, as recorded in Plat Book 6, pages 23 through 24, of the Public Records of Seminole County, Florida, together being described as follows: A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page 5, and a portion of Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, and a portion of Gardena Farms, as recorded in Plat Book 6, Pages 23 through 24, all of the Public Records of Seminole County, Florida, being more particularly described as follows: COMMENCING at the Northwest comer of Lot 5 1, Tuscawilla Unit 9, as recorded in Plat Book 24, pages 72-73 of the Public Records of Seminole County, Florida; thence run North 55'27'26" West, along the Westerly right of way line of Rails to Trails, as recorded in Official Records Book 3177, Page 632 of the Public Records of Seminole County, Florida, for a distance of 595.66 feet to the POINT OF BEGINNING; Thence departing said Westerly right of way line run South 249 5'39" West, along the Westerly line of Lot 1, Block 1, Gardena Farms Town Sites, as recorded in Plat Book 6, page 39 of the Public Records of Seminole County, Florida, for a distance of 86.39 feet; thence run South 09'4537" West for a distance of 55.07 feet to a point on the Southerly right of way line of Railroad Avenue, as shown on the said Plat of Gardena Farms Town Sites; thence ran North 55'27'26" West, along said Southerly right of way line, for a distance of 636.73 feet to a point on the South line of the North 1/2 of Block 3 of said Gardena Farms Town Sites; thence departing said Southerly right of way line, run North 85'4244" West, along said South line of the North 1/2 of Block 3, for a distance of 635.00 feet to a point on the West line of said Block 3; thence departing said South line, run North 04117'16" East, along said West line, for a distance of 377.73 feet to the North line of said Gardena Farms Town Sites; thence departing said West line, run North 85'44'34" West, along said North line, for a distance of 1291.09 feet to a point on the Easterly right of way line of Tuskawilla. Road; thence run North 139 3'34" East, along said Easterly right of way line, for a distance of 45.94 to the point of curvature of a curve, concave Westerly, having a radius of 5 813.47 feet, a chord bearing of North I I '1920" East and a chord distance of 382.08 feet; thence run Northerly along the are of said curve, and said Easterly right of way line, through a central angle of 03'45'59" for an are distance of 3 82.15 feet to the point of compound curvature of a curve, concave Easterly, having a radius of 5693.21 feet, a chord bearing of North 114933" East and a chord distance of 374.86 feet; thence run Northerly along said curve and said Easterly right of way line, through a central angle of 03'46'24" for an arc distance of 3 74.93 feet to the point of tangency; thence run North 139 Y03 " East, along said Easterly right of way line, for a distance of 12.05 feet; thence departing said Easterly right of way line, run South 87'58'44" East for a distance of 511.70 feet to the Westerly right of way line of the unnamed street as shown in said Plat Book 1, page 5; thence run South 87' 1 T5 9" East for a distance of 15. 00 feet to the centerline of said unnamed street; thence run North 02'4 V54 " East, along said centerline of unnamed street, for a distance of 372.00 feet; thence run North 871759" West for a distance of 15.00 feet to the aforesaid Westerly right of way line of the unnamed street; thence departing said Westerly right of way line, run North 81 c'2311411 West for a distance of 188.75 feet; thence run North 11'14'43" East for a distance of 47.95 feet-, thence run North 74'48'12 " West for a distance of 244.40 feet to the aforesaid Easterly right of way line of Tuskawilla Road, said point being on a curve, concave Easterly, having a radius of 5677.58 feet, a chord bearing of North 14'37'20" East and a chord distance of 240.25 feet; thence run Northerly along the arc of said curve, and said Easterly right of way line, through a central angle of 02'25'29" for an are distance of 240.27 feet; thence departing said Easterly right of way line, run South 87'58'38" East for a distance of 369.67 feet to a point on the aforesaid Westerly right of way line of the unnamed street; thence run South 87'l T54" East for a distance of 30.00 feet to a point on the Easterly right of way line of the unnamed street; thence ran South 02'42'26" West, along the said Easterly right of way line, for a distance of 14.64 feet; thence departing said Easterly right of way line, run South 87'58'39" East for a distance of 142.88 feet to a point on the Westerly right of way line of the Rails to Trails, said point also being a point on a curve, concave Easterly, having a radius of 4008.02 feet, a chord bearing of South 04'25'42" East and a chord distance of 293.20 feet; thence run Southerly along the are of said curve, and said Westerly right of way line, through a central angle of 04'11'32" for an are distance of 293.27 feet to the point of compound curvature of a curve, concave Easterly, having a radius of 2248.74 feet, a chord bearing of South 15'30'27" East and a chord distance of 689,06 feet; thence run Southerly along the are of said curve, and said Westerly right of way line, through a central angle of 17037'34" for an arc distance of 691.79 feet to the point of compound curvature of a curve, concave Northeasterly, having a radius of 1915.35 feet, a chord bearing of South 37'05'33" East and a chord distance of 846.86 feet; thence run Southeasterly along the arc of said curve, and said Westerly right of way line, through a central angle of 25'32'38" for an arc distance of 853.91 feet; thence run North 37'08'28" East, along said Westerly and Southerly right of way line, for a distance of 19.99 feet; thence run South 52'44'55" East, along said Westerly and Southerly right of way line, for a distance of 236.35 feet; thence run South 3 8'13'59" West, along said Westerly and Southerly right of way line, for a distance of 17.96 feet; thence run South 55'27'26" East, along said Westerly and Southerly right of way line, for a distance of 819.82 feet to the POINT OF BEGINNING. Containing 1,517,496 square feet, or 34.84 acres, more or less. Parcels 4, 5, 9, and 10, together being described as follows: A portion of Tuskawilla, D.R. NUtchell's survey of the Levy Grant, as recorded in Plat Book 1, Page 5, and a portion of Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, all of the Public Records of Seminole County, Florida, being more particularly described as follows: BEGINNING at the Northwest comer of the Reserve at Tuscawilla Phase 11, as recorded in Plat Book 50, Pages 3 through 9 of the Public Records of Seminole County, Florida; thence ran thence run South 00'45'3 3 " East along the Westerly line of said Reserve at Tuscawilla, Phase 11, also being the East line of Block A and Block D, Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, of the said Public Records of Seminole County, Florida, for a distance of 810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails; thence departing said West line and said East line, ran North 55'28'13 " West along said Northeasterly right of way line, for a distance of 1393.50 feet to the point of curvature of a curve, concave Northeasterly, having a radius of 1815.35 feet, a chord bearing of North 39'53'47" West and a chord distance of 973.99 feet; thence run Northwesterly along the are of said curve, and said Northeasterly right of way line, through a central angle of 3 1'07'19" for an are distance of 986.06 feet; thence departing said curve, and said Northeasterly right of way line, run South 85045'55" East for a distance of 956.82 feet to a point on the Southerly right of way line of State Road 434; thence run South 41'02'40" East along said Southerly right of way line for a distance of 43.63 feet to a point on a curve, concave Northeasterly, having a radius of 2998.40 feet, a chord bearing of South 56'12'43" East and a chord distance of 373.78 feet; thence run Southeasterly along the arc of said curve, and said Southerly right of way line, through a central angle of 07'08'50" for an arc distance of 374.02 feet; thence departing said curve, run North 309 2'52 " East, along said Southerly right of way line, for a distance of 15. 00 feet to a point on a curve, concave Northeasterly, having a radius of 2983.40 feet a chord bearing of South 61'27'48" East and a chord distance of 174.69 feet; thence run Southeasterly along the arc of said curve, and said Southerly right of way line, through a central angle of 03'21'20" for an are distance of 174.72 feet; thence departing said curve, run South 049 Y03 " West, along said Southerly right of way line, for a distance of 206.38 feet to the Northerly right of way line of Old State Road 434; thence run South 3 1 '20'20" West for a distance of 30.00 to the Centerline of said right of way, said point also being on a curve, concave Northerly, having a radius of 581.40 feet, a chord bearing of South 76'03'01 " East and a chord distance of 347.22 feet; thence run Easterly along the are of said curve, and said Centerline, through a central angle of 34'44'53" for an arc distance 3 52.60 feet; thence departing said curve, run S outh 02'2 5'12 " East for a distance of 29.86 feet to the POINT OF BEGINNlNG. LESS AND EXCEPT that portion of old State Road 434 as shown on the Florida Department of Transportation Right of Way Map Section 77070-2517. Containing 1,207,960. square feet, or 27.73 acres, more or less. Parcel 15, also being described as follows: A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, being more particularly described as follows: COMMENCING at the Northwest comer of the Reserve at Tuscawilla Phase 11, as recorded in Plat Book 50, Pages 3 through 9 of the Public Records of Seminole County, Florida; thence run thence run South 00'45'33" East along the Westerly line of said Reserve at Tuscawilla, Phase II, also being the East line of Block A and Block D, Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, of the said Public Records of Seminole County, Florida, for a distance of 810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails; thence departing said West line and said East line, run North 55'28'13" West along said Northeasterly right of way line, for a distance of 1393.50 feet to the point of curvature of a curve, concave Northeasterly, having a radius of 1815.35 feet, a chord bearing of North 39'53'47" West and a chord distance of 973.99 feet; thence ran Northwesterly along the arc of said curve, and said Northeasterly right of way line, through a central angle of 31'07'19" for an are distance of 986.06 feet; thence departing said curve, and said Northeasterly night of way line, run South 85'45'55" East for a distance of 956.82 feet to a point on the Southerly right of way line of State Road 434; thence continue South 85'45'55" East for a distance of 279.36 feet to a point on the Northerly right of way line of said State Road 434 and the POINT OF BEGINNING; thence departing said Southerly right of way line, run South 85'45'55" East for a distance of 242.50 feet; thence run South 04'1 T03 " West for a distance of 132.06 feet to a point on the aforesaid Northerly right of way line, said point also being a point on a curve, concave Northeasterly, having a radius of 2853.40 feet, a chord bearing of North 60'55'00" West and a chord distance of 112.65 feet; thence run Northwesterly along the arc of said curve, and said Northerly right of way line, through a central angle of 02' 15'44 " for an are distance of 112.66 feet; thence departing said curve, run North 30'12'52" East, along said Northerly right of way line, for a distance of 10.00 feet to a point on a curve, concave Northeasterly, having a radius of 2843.40 feet, a chord bearing of North 58'08'24" West and a chord distance of 163.31 feet; thence run Northwesterly along the arc of said curve, and said Northerly right of way line, through a central angle of 03'17'29" for an are distance of 163.34 feet to the POINT OF BEGINNING. Containing 16,3 74 square feet, or 0.3 8 acres, more or less. Exbibit "C" Proposed Town Center Transect Map J? -11 od no I I tir-O id im 01:4 a EXHIBIT "C" AIN' il goof V4 ' "14 TR all" Zak fait. -w— Exbibit "D" Concept Plan 13 IF TP, jr Exhibit "E" Depiction of Old SR 434 14 �arce main SR 434 - City interest in this not to be rved fOT public EXHIBIT E 1 306 -308 1310 1312 ardena Avenue - 304 R ty has interest in is land with a iblic purpose a, 307 309 311 adway 302 303 300 200 301 M Ms Exhibit "F" Existing Brownfield Area t 5 EXHIBIT T" 2.950 -Railroad Avenue, Winter Sprii!gs. Florid The M- I zoning area of Parcel IDY 26-20-30 SAR -OAOO-0080 generally described as follows: That part of Lot 8 commencing at the Southeast comer of Ttiskawilla, according to the Plat of Mitchell's Survey of the Levy Grant on Lake Jessup, as recorded in Plat Book 1, 11agc 5, of the Public Records of Seminole County, Florida, thence North to easterly extension of the northerly boundary line of Lot 17 of said Tuskawilla, therice East to the westerly boundary line of Rails to Trails (abandoned CSX Railroad), thence Southeasterly along the westerly boundary line of said Rails to Trails to a point 654 feet MOL North of the north boundary line of Gardena Farms as recorded in Plat Book 6, Pages 23 and 24, of the Public Records of Seminole County, Florida, being the Point of Beginning, thence continuing Southeasterly along said Rails to Trails to north boundary line ofsaid Gardena Farms, thence Westerly along said northerly boundary line of said Gardena Farms, 633 feet MOL, lhcnce Northerly 654 feet MOL to the Point of Beginning. 2960 Railroad Avenue -Winter S2rinus, Florida Parcel 1131106 21-31-501-03OA-0000, generally described as follows: A portion of the North V2of Block 3, of Gardena Farms Town Sites as recorded in Plat Book 6, Page 39, of the Public Records of Seminole County, Florida, as further described as follows: Cornmencing at the Northeast comer of Lot 6 of said Gardena Famis, said point being on the westerly Right of Way line ofTuscawilla Gabriella Road; run thunix S 85' 51' 39" E, 702.17 feet, along northerly boundary line of said Gardena Farms; thence continue S 85' 5 V 39" E, 590.08 feet along said northerly boundary line to the Northwest comer of said Gardena Farms Town Sites and being the Point of Beginning; thence S 040 08' 4 1 " W, 386.72 feet along the westerly boundary of said Gardena Farms Town Sites, thence S 851 5 1' 39" E, 635 feet; thence N 550 35' 50" W, 735.15 feet to (lie Point of Beginning. EEXHIBIT 7F Brownfield Area 0 250 50D 1,000 Feet t irMI—InImill FOVI" P&r%,%JMMn,ceWJ Alto Attachment "E" TUSKAWILLA POINTE Project No 13-015-1.0 May 2013 TRAFFIC IMPACT ANALYSIS CITY OF WINTER SPIRNGS, FL Prepared by.- TA&C�� Traffic & Mobility Consultants 1507 S. Hiawassee Road, Suite 212 Orlando, Florida 32835 www.trafficmobility.com (407) 575-5439 Prepared for: Standard Pacific Homes 558 West New England Ave, Suite 250 Winter Park, Florida 32789 EXECUTIVE SUMMARY This traffic analysis was conducted to assess the impact of the proposed Tuskawilla Pointe, a residential community with 336 units. The site is located at the southeast corner of the intersection of SR 434 and Tuskawilla Road. The study included a determination of project trip generation, a review of existing and projected roadway and intersection capacity, a review of the access points, and a mobility review. The results of the analysis are summarized as follows: The proposed development will generate 2,980 new trips per day, of which 231 trips will occur in the AM peak hour and 293 trips will occur in the PM peak hour. An analysis of roadway capacity reveals that all study segments currently operate within their adopted capacity and are projected to continue to do so at project buildout. An analysis of intersection capacity indicates that the study intersections currently operate adequately within their design capacity and are projected to continue to do so at project buildout. The recommended access lane configuration for the project access points is: o Main Entrance at Tuskawilla Rd — 1 right only egress lane and 1 ingress lane o Michael Blake Blvd at Tuskawilla Rd — 1 right only and 1 shared left through egress lanes, 1 ingress lane o Michael Blake Blvd at SR 434 — 1 right only and 1 shared left through egress lanes, 1 ingress lane o Gardena Ave at SR 434 — 1 right only egress lane and 1 ingress lane The review of the existing left turn deceleration lane dimensions revealed that all existing left turn lanes are adequate, with the exception of the southbound left turn lane on Tuskawilla Road and Michael Blake Boulevard. The lane is constrained by the adjacent northbound left turn lane approaching the signal at SR 434. However, it is recommended to extend the lane by 20 feet southward if possible. The project generates 2,980 daily trips corresponding to a Level 3 development. Therefore, in accordance with the City's TCEA and mobility strategies, the project is required to implement 3 mobility strategies. The following existing mobility elements are available at the project site: o The adjacent streets are improved with sidewalks and pedestrian facilities. o The project is served by an existing fixed bus route (Link 434) providing access to the regional mass transit system. o Finally, the project is adjacent to the Florida Trail a multi -use dedicated trail facility that provides access to the regional trail network. The proposed development does not adversely impact the transportation network and is adequately supported by existing facilities Tuskawilla Pointe Project N2 13-015-1.0 Tm..C� Executive Summary Traffic a Mcibilhy Consuhants PROFESSIONAL ENGINEERING CERTIFICATION I hereby certify that I am a Professional Engineer properly registered in the State of Florida practicing with Traffic & Mobility Consultants, LLC, a corporation authorized to operate as an engineering business, EB -30024, by the State of Florida Department of Professional Regulation, Board of Professional Engineers, and that I have prepared or approved the evaluations, findings, opinions, conclusions, or technical advice attached hereto for: PROJECT: Tuskawil[a Pointe LOCATION: City of Winter Springs, Florida CLIENT: Standard Pacific Homes I hereby acknowledge that the procedures and references used to develop the results contained in these computations are standard to the professional practice of Transportation Engineering as applied through professional judgment and experience. NAME: Mohammed Abdallah P. E. No.: Florida P.E. No. 56169 DATE: May 24, 2013 SIGNATURE: TABLE OF CONTENTS Tuskawilla Pointe Project N2 13-015-1.0 TA&C.-v Table of Contents, Page Traffic a Mobility Comullams Page 1.0 INTRODUCTION ............................................................................................................... 1 2.0 EXISTING CONDITIONS ANALYSIS ............................................................................... 3 2.1 Roadway Capacity Analysis ............................................................ ............................. 3 2.2 Intersection Capacity Analysis ...................................................................................... 4 3.0 TRIP GENERATION AND DISTRIBUTION ...................................................................... 7 3.1 Trip Generation ............................................................................................................. 7 3.2 Trip Distribution/Assignment ......................................................................................... 7 4.0 PROJECTED CONDITIONS ANALYSIS .......................................................................... 9 4.1 Projected Background Traffic ........................................................................................ q 4,2 Roadway Capacity Analysis .......................................................................................... q 4.3 Intersection Capacity Analysis .................................................................................... 12 4.4 Access Review ............................................................................................................ 16 4.5 Mobility Strategies ....................................................................................................... 20 5.0 STUDY CONCLUSIONS ................................................................................................ 21 APPENDICES............................................................................................................................. 22 Appendix A Proposed Site Layout Appendix B Methodology Appendix C FDOT Traffic Volume Counts Appendix D Turning Movement Counts Appendix E FDOT Q/LOS Table Appendix F Existing Conditions HCS Worksheets Appendix G Trip Generation Worksheets Appendix H Vested Trips Information Appendix I Projected Conditions HCS Worksheets Tuskawilla Pointe Project N2 13-015-1.0 TA&C.-v Table of Contents, Page Traffic a Mobility Comullams LIST OF TABLES Table I Existing Roadway Capacity Analysis .............................................................................. 3 Table 2 Existing Intersection Capacity Analysis ................................................................ ......... 4 Table 3 Trip Generation Analysis ................................................................................................. 7 Table 4 Projected Roadway Capacity Analysis ........................................................................... 9 Table 5 Projected Intersection Capacity Analysis ...................................................................... 12 LIST OF FIGURES Figure1 Project Site Location ...................................................................................................... 2 Figure 2 Existing AM Peak Hour Intersection Volumes ............................................................... 5 Figure 3 Existing PM Peak Hour Intersection Volumes ........................................ ...................... 6 Figure 4 Project Trip Distribution ................................................................................................. 8 Figure 5 AM Peak Hour Vested Trips ........................................................................................ 10 Figure 6 PM Peak Hour Vested Trips ........................................................................................ 11 Figure 7 Project Trip Distribution at Study Intersections ............................................................ 13 Figure 8 Projected AM Peak Hour Intersection Volume ............................................................ 14 Figure 9 Projected PM Peak Hour Intersection Volume ............................................................ 15 Figure 10 Project Access Configuration ..................................................................................... 17 Tuskawilla Pointe Project N2 13-015-1.0 Tm.-C� Table of Contents, Page H Traffic a mobinty ca"Suffanft 1.0 INTRODUCTION This traffic analysis was conducted to assess the traffic operations and impact of the proposed Tuskawilla Pointe residential development in the City of Winter Springs, Florida. The proposed development program is for a total of 336 residential dwelling units, of which 250 units will be single family detached and 86 units will be townhomes. The site is located at the southeast corner of the intersection of SIR 434 and Tuskawilla Road, near the Winter Springs Town Center. Figure I depicts the site location, the surrounding transportation network. Access to the site is proposed via one access point on Tuskawilla Road, one access point on the proposed M. Blake Boulevard Extension, and one access point on SR 434. The proposed master plan is included in Appendix A, The study was conducted in accordance with the approved study methodology, which is provided along with correspondence with the City in Appendix B. The facilities considered in the analysis are listed as follows and illustrated in Figure 2: Roadway Segments: SIR 434 — Heritage Park St to Tuskawilla Road Tuskawilla Road to Tuscora Drive Tuskawilla Road — Blumberg Blvd to SR 434 SR 434 to Trotwood Blvd Intersections: Tuskawilla Rd & SIR 434 Michael Blake Blvd Avery Lake Dr Median Opening at Church SIR 434 & Michael Blake Blvd Gardena Avenue Tuscora Drive Project Access Points Data used in the analysis consisted of site plan/development information provided by the Project Engineers, AM & PM peak hour intersection traffic counts obtained by Traffic & Mobility Consultants, LLC, vested trips information provided by the City of Winter Springs, roadway traffic volumes and service volume thresholds from the Florida Department of Transportation (FDOT), and trip generation data published by the Institute of Transportation Engineers (ITE). Tuskawilla Pointe Project N2 13-015-1.0 TAA-C-� Page 1 Traffic a Mobility C..jvltr,tS if 'lot fop, 04 4Z 1, If Ir % 4. 1 ilk 'm fit _AW 4?9 2.0 EXISTING CONDITIONS ANALYSIS An analysis of existing conditions was conducted for the study roadways and intersections to determine the baseline condition on the transportation network. 2.1 Roadway Capacity Analysis Existing roadway capacity was analyzed based on existing PM Peak Hour traffic volumes obtained from the 2012 FDOT traffic counts and the traffic volumes collected by TMC at the study intersections. The FDOT traffic information is included in Appendix C and the existing TMCs are provided in Appendix D. Service volumes and capacity values were obtained from the 2009 Q/LOS Manual Generalized Capacity Tables, included in Appendix E. The roadway capacity analysis summarized in Table 1 reveals that the study roadway segments currently operate within their adopted capacity. Table 1 Existing Roadway Capacity Analysis Roadway SIR 434 # of LOS iSegment Lanes Std Heritage Park St to Tuskawilla Rd 4 E Existing Volume J NBIE5 SBIWB—] 1,359 1,521 Directional Capacity 1,870 Adequate Capacity? Yes Tuskawilla Rd to Tuscora Dr 4 E 998 1,117 1,870 Yes Tuskawilla Rd Blumberg Blvd to SR 434 2 D 219 168 790 Yes SIR 434 to Trotwood Blvd 4 E 673 668 1 1,760 Yes Tuskawilla Pointe Project N2 13-015-1.0 TA&C.v Page 3 Traffk & MoWlily Con�ftanft 2.2 Intersection Capacity Analysis A capacity analysis was performed for the AM and PM peak hours to determine existing operating conditions at the study intersections. The capacity analysis was conducted using the Highway Capacity Software (HCS+) and the methods of the Highway Capacity Manual (HCM). Turning movement volumes obtained during the AM and PM peak hours are included in Appendix D and are presented in Figure 2 and Figure 3, respectively. The results of the intersection capacity analysis, summarized in Table 2, reveal that the study intersections currently operate adequately during the morning and evening peak hours. The HCS worksheets are included in Appendix F. Table 2 Existing Intersection Capacity Analysis Intersection Traffic Peak EB WB N13 SB Overall control Period Delay LOS Delay LOS Delay LOS Delay LOS Delay LOS SR 434 & AM - 43.5 D 49.5 D 48,1 D 61.3 E 48.0 D Tuskawilla Rd signal PM 59.3 D 60.2 E 498.5 D 71.9 E 58.2 E SR 434 & AM 10�9 B 10.0 A 11.1 B - Gardena Ave stop PM 10.4 B 10.7 B 11.7 B SR 434 & AM 1U B 10.2 B 16.0 C Tuscora Dr Stop PM 10.4 B 10.8 B 17.3 C Tuskavdila Rd & AM 10.1 B 10.0 B 8.9 A 8.9 A - - Michael Blake Blvd stop - 0.1 B 10.0 B 8.9 A 8.9 A - - Tuskawilla Rd & AM 13.7 8 -- - 8.9 A 9.3 A Avery Lake Dr top PM 14.9 B -- - 9.3 A 9.3 A Tuska%villa Rd & AM 0.0 A 10.2 B 8.9 A 9,0 A Church Median Stop PM 14A B 0.0 A-1 9.2 A 1 9.3 A Tuskawilla Pointe Project N2 13-015-1.0 TM-C.� Page 4 TrOfic IL Ma6flity C-nsultunts LO Ln CD co t 13 C 0 4 LUC-[ sa Dr 39 0 0 0 00 LD DO co co 0 Gam 0 0 CD Cn C 0� ca �r Cn 87 0 CD 0 0 0 C C D C C 96 639 726 652 Tuskawilla Rd 452 2 84 126 > 617 616 > 628 � � F i --- F 3-----1 � I F 0 en co IT 0 0 m C 0 a ED C�J r— (%J r— CU J- Cn L) 19 �E Figure. EXISTING AM PEAK HOUR INTERSECTION VOLUME .a -�199 Project: Project No..- 0— vi Tuskawilla Pointe 13-015 L) Ln 0 �:,� I.- Tucosa Dr 0 M LO t--42 0 L 29 0 0 0 ------- C:) Lo 00 cn m 0 0 F> 0 0 Lo CO m 0 m Ln M 104 119 L 450 Rd A* 71 ---T 95 > � � F 2 r— 0 0 rl Tr cc �r 3 665 2 0 c� cl [ 673 3 m 0 682 24 t-0 726 25 0 L723 3 2 716 0 C, E E Figure: EXISTING PM PEAK HOUR INTERSECTION VOLUME E i Z-5 �Z ' r-- Project z .a d Project No.: Tuskawilla Pointe 13-015 3.0 TRIP GENERATION AND DISTRIBUTION The project's traffic and travel characteristics determine the level of impact it will have on the surrounding transportation facilities. These characteristics include the project's trip generation, the distribution of those trips in the area, then their assignment to the roadway network. 3.1 Trip Generation The traffic generation of the proposed development was calculated using the Institute of Transportation Engineers (ITE) Trip Generation Report, 91" Edition. The trip generation for the project is summarized in Table 3 and a detailed worksheet is provided in the Appendix G. Table 3 Trip Generation Analysis ITE Code I Land Use Size M�MMWMMEEMMEN Daily AM Peak Hour Rate I Trips I Rate I Total I Enterl PM Peak Hour I Total I Enterl Exit Exit I Rate Single Family Detached IMMEMMEOMMEW Total Trip GenerationEEMEMEMMM The proposed development will generate 2,980 new trips per day, of which 231 trips will occur during the AM peak hour and 293 trips will occur during the PM peak hour. 3.2 Trip Distribution/Assignment To assign the trips generated by the proposed development to the study roadways and intersections, a general distribution pattern in the vicinity of the project site was determined based on existing travel patterns and the location of the project with respect to other trip generators and attractors. The trip distribution pattern used in the analysis is illustrated in Figure 4. Tuskawilla Pointe Project N2 13-015-1.0 TAkc.v Page 7 TmfFtc a Mabilily Consullents ),t!b Lo 'All of �Iwvp t4& 97, Jr dip AI - .-m I kill hum - ZE VLT 17 ro 'IV ro C-4 Q Se IJJ n 16 N jr1c) V4 ci IT qw- tA. A A lie 4.0 PROJECTED CONDITIONS ANALYSIS An analysis of projected conditions at project buildout year of 2016 was conducted based on future background traffic volumes and project trips. 4.1 Projected Background Traffic The City of Winter Springs provided information on vested trips from developments previously approved by the City in the vicinity of Tuskawilla Pointe. Namely, the following approved development traffic was included in the vested trips on the roadway network. • Grandeville • Winter Springs Village Phase 2 • Jesup's Landing & Artesian Park The vested trips were added to existing traffic volumes to obtain the projected background volumes used in the analysis. The vested trips are illustrated in Figure 5 and Figure 6 for the AM and PM peak hours, respectively. Excerpts from the approved Traffic Studies for the above referenced projects are included in Appendix H. Additionally, project trips assigned to each roadway segment and intersection movement were added to the projected background volume to obtain total traffic volume used in the analysis of projected conditions. 4.2 Roadway Capacity Analysis An analysis of daily traffic conditions on the study roadway segments was conducted to determine the availability of capacity to accommodate the traffic generated by the proposed development. Table 4 summarizes the projected capacity analysis and indicates that the study segments will operate adequately at project buildout. Table 4 Projected Roadway Capacity Analysis Roadway SR 434 ISegment Heritage Park St to Tuskawilla Rd IBkgdVolume I WEB 1,480 ProjectTrips 56/WB NBIEt3 5131VV51 1,618 47 27 I TotalVol NSIEB 1,527 U- Dir I S—B-12d Cap 1,645 1,870 I Adequate Capacity? Yes Tuskawilla Rd to Tuscara Dr 1,060 1,150 37 65 1,097 1,215 1,870 Yes Tuskawilla Rd Blumberg Blvd to SR 434 1 371 251 16 28 387 279 790 Yes SR 434 to Trotwood BJvd 772 721 47 27 1 819 1 748 1 1,7601 Yes I Tuskawilla Pointe Project Ne 13-015-1.0 Tm,-C� Page 9 Tmfflc a Mobility conswifunft -i� co L Tucusa Dr AL Ln < r -L -a CM En S- a) CL -5 C%j En En V) :� — a) CD co ca 60 CD CD 11 CD C) + a) CD [2 1 0 (21) ---- m L[71+(11)=18 -E 26 26 26 Tuskawilla Rd T rr [151 --J T [32]+137)=69 > 29 > 29 29 [41+(27)+(I)=32----� rj > C%j Vz� co En CD UT C.0 U) L < U -Cosa Dr L En Cu CD CD 11 CD CD CD a a J L w ! + Go ;ff CZ, {1 2} 0 > (12) C%J Co to ;;-*7 [301+(39)=69 99 99 99 Tuskawilla Rd (30) [71 [151+[22)=37 53 53 > 53 [20]+[17)+ (2)=39 CD m + Cu Cn " CN U riE E 0 Figure: u� ow PM PEAK HOUR VESTED TRIPS :3� 0 E 2 E.2 �M Project: . x 6. E Project No.: Q 1E u 6 Tuskawilla Pointe A.5 -':7 13-015 20� s �-u 6EM I I 4.3 Intersection Capacity Analysis The projected volumes for the intersection operations analysis were obtained by combining background traffic and project trips. The project trip distribution at the intersection movements is summarized in Figure 7. The projected AM and PM peak hour turning movement volumes used in the analysis are illustrated in Figure 8 and Figure 9, respectively. The analysis was conducted using the HCS+ software as described previously. The results of the analysis, summarized in Table 5, reveal that the study intersection and project driveways are projected to continue operating adequately at buildout. The HCS worksheets are included in Appendix 1. Table 5 Projected Intersection Capacity Analysis Intersection Traffic I Peak I - EB WB NB SS Overall Control I Period FD.lay LOS Delay LOS Delay LOS Delay LOS Delay LOS SR 434 & AM - 47.0 D 57.0 E 51.3 D 68.5 E 53.4 D Tuskawilla Rd Signal PM 63.6 E 65.8 E 53.8 D 76.4 E 63.0 E SR 434 & AM 11.1 B 10.3 A 1 9Z C 22.0 C - M. Blake Blvd Stop PM 11.0 a 11.3 B 23.1 c 22.1 c - SIR 434 & AM 11.0 B 10.5 A 12.1 B - - - Gardena Ave Step PM 10,8 B 14.2 B 14.4 B - - - SR 434 & AM 11.0 B 10.8 B 17.7 c Tuscora Dr Stop PM 1 11.1 3 11,2 B 18.6 C Tuskawilla Rd & AM 10.2 B 17.0 c 9.0 A 9.2 A - Michael Blake Blvd Stop PM 10.4 B 18A C 9.3 A 9.7 A - Tuskawilla Rd & AM 14.7 B 9.2 A 9.6 A - Avery Lake Dr Stop PM 16.4 C 9.7 A 9.8 A - Tuskawilla Rd & AM - - 11.2 B - - -- Main Access Stop PM - - 11.4 B - - -- Tuskawilla Rd & AM 0.0 A --i 10.3 B 9.2 A 9.2 A Church Median Stop I I PM 1!5.9 C 0.0 A 9.6 A 9.9 A The analysis reveals that all study intersections and driveways are projected to continue to operate adequately at project buildout. Tuskawilla Pointe Project N2 13-015-1.0 Page 12 Traffic a Mobility ronsulftuTts �E '. Figure: o u, PROJECT TRIP DISTRIBUTION AT INTERSECTIONS Z� T, 0 2 g 2 t 9 ProJect: Project No.: d;zp 900.5 s Tuskawilla Pointe 13-015 4 E'3 L" 0 E LL: Us LLJ cl) 11 Luc! sa Dr Mir W LU t-25% Exit g.ar( FL— — LU LU Ln cu LU �2 t-20% Exit U U c ;--20% Exit < LU sse3ov i L25% Enterl LU <---5% Enter 10% Exit 10% Exit LO L--------- --------------------------------- j L ----------------------- ----------- Uj LU CD Ln X Uj X Uj LU Lo 5% Enter 15% Exit Lo t-5% Enter 25% Exit+; 15% Exit '] L> <-25% Exit <— 25% Enter TwskawAla Rd VO% Exit 5% Enter 10% Enter---� 15% Exit+ 5% Enter r. 10% Enter::�T r> 5% Enter > 5% Enter > 25% Exit---> 5p LU Uj m CD U') m cu fu CD �E '. Figure: o u, PROJECT TRIP DISTRIBUTION AT INTERSECTIONS Z� T, 0 2 g 2 t 9 ProJect: Project No.: d;zp 900.5 s Tuskawilla Pointe 13-015 4 E'3 L" 0 E LL: Us Figum PROJECTED AM PEAK HOUR INTERSECTION VOLUME W. Tuskawilla Pointe -WZ 1 113-015 04 39 -Fa C) �2 �Fd� Aw. — ------------ ....... S —V (17) -------------------- ------------- ........ 121 1 ZF t—(14) -i 730+1261+(3)=759 .......... .... — - - - T --H7 (3) .� I - - I � 96.1143j+(26)-140 < --- 639+[2Gj1(44)m709 1 4-11 B)=22 2 6%,�-452+[81+(27)�407 �— 84+[15]+(3)�102 1,(5)= E2, 'I-] 1264[691+(S) F> 7+(3)=4 F+ �200 617 +129]+(3)-649---3- 5+1321=3a 616+[29]+(Zg)=674---> fi2H+lz9j+(44)=701--* . . . 3 Figum PROJECTED AM PEAK HOUR INTERSECTION VOLUME W. Tuskawilla Pointe -WZ 1 113-015 2 F- 29 13, Cn CL M W iij "-1 F> ............ .... �2 L> SS83�v JEE'. —> ............. [121 MEP t—(47) .1i 'I -726.1991.(9)-H34 ........... ........ t-104 t— (9) t—D +---673+j99j+(2G)-798 -(--723,[99]+(47)=SS9 �-3 71+[71+(D)=87 95+1371+(19)-751 3+(19)=22-J F> GB5+jS3]+(9)=727—> 1-fri F- +i I 2+[391=41 6H2+j53]+(Z5)=7EO---> 716+[531+(27)=796-3, 4.4 Access Review A review of the proposed access plan was conducted to provide guidance and recommendations for the configuration of the proposed access points. The review focused on the number of lanes needed on the driveways to serve project traffic and on the dimensions of the deceleration lanes serving the project. The project four access connections addressed in this review are illustrated in Figure 10. DrivewaZ ConAguration The recommended lane configuration for the project's 4 access points is summarized as follows: 1 . Main Entrance at Tuskawilla Rd— 1 right only egress lane and I ingress lane 2. Michael Blake Blvd at Tuskawilla Rd — 1 right only and 1 shared left through egress lanes, I ingress lane 3. Michael Blake Blvd at SIR 434 — 1 right only and I shared left through egress lanes, I ingress lane 4, Gardena Ave at SR 434 — 1 right only egress lane and 1 ingress lane R�ght Turn Deceleration Lanes SIR 434 and Tuskawilla Road are 4 lane divided facilities providing access to adjacent properties in the vicinity of the project site, Driveways and intersections on SIR 434 and on Tuskawilla Road in this area are generally not improved with right turn deceleration lanes. This includes the new connection of the spine road Michael Blake Boulevard at SR 434. Furthermore, the project's access plan provides multiple points of ingress and egress on the external roadway network. The project's traffic is distributed to the various access points, reducing the volume of right turns at any one location. The projected movements indicate that the project's maximum peak hour right turn volume is 47 northbound right turning vehicles occurring at the Main Entrance driveway on Tuskawilla Road. On SIR 434 the maximum projected right turn volume is 38 eastbound right turning vehicles at Gardena Avenue, Therefore, based on the existing profile of the roadways accessed and the projected traffic volumes, right turn deceleration lanes are not recommended at the project's access driveways on SIR 434 and on Tuskawilla Road. Tuskawilla Pointe Project N2 13-015-1.0 TACCv Page 16 Traffic a MciblWy CaftsuVants A ci j4 01 JZN INS, m -14 JIL, - oil . IV 'ZI 401-1 =so- IL 4 IN PAN V Left Turn Deceleration Lanes The dimensions of the existing left turn deceleration lanes serving the project's four access points were assessed to determine if they are adequate to serve the projected turning vehicle volume. The assessment was made based on the projected traffic, the lane dimensions required per FDOT Design Standards Index 301, and per the FDOT Plans Preparation Manuel formula for queue length storage expressed as follows: Queue Storage = 2 x 25 x # of Vehicles / 60: The review of left turn deceleration lanes is summarized as follows: 1. Main Entrance on Tuskawilla Rd Due to the restricted movements at this driveway, u4urns will occur at the two adjacent median openings. Therefore, the review was conducted of the southbound left turn lane at the church median opening, south of the access point, and of the northbound left turn lane at Avery Lake Drive, north of the access point. Southbound Left Turn — Existing Length = 215 feet (approx) Projected Left Turn Volume = 11 vehicles Speed Limit = 45 mph Deceleration Length = 185 feet Queue Length = 2 x 25 x 11 / 60 = 9 feet Total Required Length = 185 + 9 = 194 feet Finding: Existing Lane is Adequate Northbound Left Turn — Existing Length = 215 feet (approx) Projected Left Turn Volume = 36 vehicles Speed Limit = 45 mph Deceleration Length = 185 feet Queue Length = 2 x 25 x 36 / 60 = 30 feet Total Required Length = 185 + 30 = 215 feet Finding: Existing Lane is Adequate 2. Southbound Left Turn Lane at Michael Blake Blvd & Tuskawilla Rd Existing Length = 185 feet (approx) Projected Left Turn Volume = 22 vehicles Speed Limit = 45 mph Deceleration Length = 185 feet Queue Length = 2 x 25 x 22 / 60 = 18 feet Total Required Length = 185 + 18 = 203 feet Finding: Existing Lane is Deficient. It is constrained by adjacent northbound left turn lane. If possible extend the lane southward by 20 feet. Tuskawilia Pointe Project N9 13-015-1.0 U%,C.� Page 18 Traffic a MobUity Cenjullants 3. Westbound Left Turn Lane at Michael Blake Blvd & SR 434 Existing Length = 375 feet (approx) Projected Left Turn Volume = 18 vehicles Speed Limit = 50 mph Deceleration Length = 240 feet Queue Length = 2 x 25 x 18 / 60 = 15 feet Total Required Length = 240 + 15 = 255 feet Finding: Existing Lane is Adequate 4. Westbound Left Turn Lane at Gardena Avenue & SIR 434 Existing Length = 350 feet (approx) Projected Left Turn Volume = 50 vehicles Speed Limit = 50 mph Deceleration Length = 240 feet Queue Length = 2 x 25 x 50 / 60 = 42feet Total Required Length = 240 + 42 = 282 feet Finding: Existing Lane is Adequate Tuskawilla Pointe Project N2 13-015-1.0 TACC--."� Page 19 Tmffie a Mobility Comwbunft 4.5 Mobility Strategies The project site is located within Zones A, C and E of the City's Transportation Concurrency Exception Area. The proposed project is a Level 3 development, which is required to provide 3 mobility mitigation credits, The regional transit provider Lynx operates a fixed route service along SR 434 which provides connections to the regional mass transit system. Stops on the 434 Lynx route are located within walking distance of the property and may be used by residents as an alternative to single occupant vehicle transportation. Additionally, the project site is served by existing public sidewalks on SR 434 and on Tuskawilla Road. Connections to the public sidewalk system will be made from within the project where appropriate. Finally, the project is located along the Florida Trail, a multi -use dedicated trail that traverses Winter Springs and connects to the Cross Seminole Trail and the wider regional trail network. This facility will be available to Tuskawilla Pointe residents for use as an alternative transportation and recreation facility. Tuskawilla Pointe Project N2 13-015-1.0 uwc_.,,, Page 20 Tmffic a Mobitity Consullanis 5.0 STUDY CONCLUSIONS This traffic analysis was conducted to assess the impact of the proposed Tuskawilla Pointe, a residential community with 336 units. The site is located at the southeast corner of the intersection of SR 434 and Tuskawilla Road. The study included a determination of project trip generation, a review of existing and projected roadway and intersection capacity, a review of the access points, and a mobility review. The results of the analysis are summarized as follows: The proposed development will generate 2,980 new trips per day, of which 231 trips will occur in the AM peak hour and 293 trips will occur in the PM peak hour. An analysis of roadway capacity reveals that all study segments currently operate within their adopted capacity and are projected to continue to do so at project buildout. An analysis of intersection capacity indicates that the study intersections currently operate adequately within their design capacity and are projected to continue to do so at project buildout. The recommended access lane configuration for the project access points is., • Main Entrance at Tuskawilla Rd — 1 right only egress lane and I ingress lane • Michael Blake Blvd at Tuskawilla Rd — I right only and 1 shared left through egress lanes, I ingress lane • Michael Blake Blvd at SR 434 — 1 right only and 1 shared left through egress lanes, 1 ingress lane • Gardena Ave at SR 434 — 1 right only egress lane and 1 ingress lane The review of the existing left turn deceleration lane dimensions revealed that all existing left turn lanes are adequate, with the exception of the southbound left turn lane on Tuskawilla Road and Michael Blake Boulevard. The lane is constrained by the adjacent northbound left turn lane approaching the signal at SR 434. However, it is recommended to extend the lane by 20 feet southward if possible. The project generates 2,980 daily trips corresponding to a Level 3 development. Therefore, in accordance with the City's TCEA and mobility strategies, the project is required to implement 3 mobility strategies, The following existing mobility elements are available at the project site: o The adjacent streets are improved with sidewalks and pedestrian facilities. o The project is served by an existing fixed bus route (Link 434) providing access to the regional mass transit system. a Finally, the project is adjacent to the Florida Trail a multi -use dedicated trail facility that provides access to the regional trail network. The proposed development does not adversely impact the transportation network and is adequately supported by existing facilities. Tuskawilla Pointe Project N2 13-015-1.0 Tm,.C.� Page 21 Tmffir a Mability Conjuhanis APPENDICES Appendix A Proposed Site Layout 19 1 -GAL —aw fit dM� ML A OKA Id". hs"gds anin or 4"Zi 16 W-zy 0 dW 4A t kh Yr co lit ip 9w or WE . ....... ML IAM I w wo im M6q WOWtill - is 'Sir OIL, 4? P Pli gjq Sri Appendix B Methodology I Rio -Tech Consulting Inc. Environmental and Permitting Services May 8, 2012 Mike Plante, President L.D. Plante, Inc. PO Box 151117 Altamonte Springs, FL 32715 info@btc-inc.com www.hic-ine.com Attachment "F Proj: LD Plante Winter Springs Site - Seminole County, Florida Section 1 & 6, Township 21 South, Range 30 & 31 East (BTC File #178-19.05) Re: Preliminary Environmental Assessment Dear Mr. Plante: During April of 2012, Bio -Tech Consulting, Inc. (BTC) conducted a preliminary environmental assessment of the LD Plante Winter Springs site. This approximately 116 -acre site is located on the southern side of State Road 434 and the eastern side of Tuskawilla Road, just west of State Road 417; within Section 1, Township 21 South, Range 30 East and Section 6, Township 21 South, Range 31 East, Seminole County, Florida (Figures 1, 2 & 3). This preliminary environmental assessment included the following elements: • review of soil types mapped within the site boundaries; • evaluation of land use types/vegetative communities present; • wildlife survey; and, • field review for occurrence of protected species of flora and fauna. SOILS According to the Soil Survey of Seminole County, Florida, prepared by the U.S. Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS), six (6) soil types occur within the subject property boundaries (Figure 4). These soils include the following: Kov West Vero Reach Orlando Jacksonville Tampa Mike Plante, L.D. Plante, Inc. LD Plante Winter Springs Site - Seminole County, Florida (BTC File #178-19.05) Preliminary Environmental Assessment Page 2 of 9 • Adarnsville-Sparr fine sand (#2) • Basinger and Smyrna fine sands, depressional (#11) • Nlyakka and EauGallie fine sands (#20) • Udorthents, excavated (#26) • St. Johns and EauGallie fine sands (#29) • Tavares-Millhopper fine sands, 0 to 5 percent slopes (#31) The following presents a brief description of the soil types mapped for the subject property: Adarnsville-Sparr fine sand (#2) is a nearly level, somewhat poorly drained soils on low ridges on the uplands and low knolls on the flatwoods. Typically the surface layer of this soil type is grayish brown fine sand about 4 inches thick. In most years, the seasonal high water table for this soil type is at a depth of 12 to 36 inches for up to 6 months. The permeability of Adarnsville soil is rapid. The permeability of Sparr soil is rapid in the surface and subsurface layers and is slow or moderately slow in the subsoil. Basinger and Smyrna fine sands, depressional (#11) are nearly level, very poorly drained soils found in depressions. Typically the surface layer of Basinger soil consists of black mucky fine sand about 5 inches thick. Typically the surface layer of Smyrna soil consists of black fine sand about 2 inches thick. During most years undrained areas of this soil unit are ponded for 6 to 9 months. The permeability of Basinger soil is rapid. The permeability of Smyrna soil is rapid in the surface and subsurface, moderate or moderately rapid in the subsoil, and rapid in the substratum. Myakka and EauGallie fine sands (#20) are nearly level, poorly drained soils found on broad plains on the flatwoods. Typically the surface layer of Myakka soil consists of black fine sand about 5 inches thick. Typically the surface layer of EauGallie soil consists of dark gray fine sand about 5 inches thick. During most years the seasonal high table for this soil type is within 12 inches of the surface for I to 4 months. The permeability of Myakka soil is rapid in the surface and subsurface layers and in the substratum and moderate or moderately rapid in the subsoil. The permeability of EauGallie soil is rapid in the surface and subsurface layers, moderate or moderately rapid in the sandy part of the subsoil and moderately slow in the loamy part of the subsoil. Udorthents, excavated (#26) consist of excavated areas of unconsolidated or heterogeneous soil and geologic materials, which have been removed mainly for use in road construction or as fill material in low areas and for building foundations. Most areas of Udorthents, excavated locally called borrow pits, are from 5 to 40 feet deep. Some of the pit bottoms are seasonally ponded. Most pit areas have been left idle. These areas must be smoothed, shaped, and filled if they are to be used for agricultural or for urban development. lo -Tech Consulting Inc. wironment�%[ and Persnitting Services Mike Plante, L.D. Plante, Inc. LD Plante Winter Springs Site - Seminole County, Florida (BTC File #178-19.05) Preliminary Environmental Assessment Page 3 of9 St. Johns and EauGallie fine sands (#29) are nearly level, poorly drained soils found on low broad plains on the flatwoods. Typically, St. Johns soil has a surface layer of black fine sand about 12 inches thick. EauGallie soil has a surface layer of black fine sand about 3 inches thick. During most years, the soils in this map unit have a seasonal high water table within 12 inches of the surface for 1 to 4 months. The permeability of St. Johns soil is rapid in the surface and subsurface layers and in the substratum, and is moderate or moderately slow in the subsoil. The permeability of EauGallie soil is rapid in the surface and subsurface layers. It is moderate or moderately slow in the sandy part of the subsoil, and slow or very slow in the loamy part of the subsoil. Tavares-Millhopper fine sands, 0 to 5 percent slopes (#31) are nearly level to gently sloping, moderately well drained soils found on low ridges and knolls on the uplands. Typically the surface layer of Tavares soil consists of very dark grayish brown fine sand about 6 inches thick. Typically the surface layer of Millhopper soil consists of gray fine sand about 7 inches thick. The soils in this map unit have a seasonal high table at a depth of 36 to 60 inches for 2 to 6 months. The permeability of Tavares soil is rapid or very rapid. The permeability of Millhopper soil is rapid in the surface and subsurface layers and moderately slow in the subsoil. The Florida Association of Environmental Soil Scientists (FAESS) considers the main components of Basinger and Smyrna fine sands, depressional (#11) as a hydric soil type. Furthermore, the FAESS considers inclusions present in Myakka and EauGallie fine sands (#20), Udorthents, excavated (#26) and St. Johns and EauGallie fine sands (#29) as hydric. This information can be found in the Hydric Soils of Florida Handbook, Third Edition (March, 2000). LAND USE TYPESNEGETATIVE COMMUNITIES The LD Plante Winter Springs Site currently supports eight (8) land use types/vegetative communities within it's boundaries. These land use types were identified utilizing the Florida Land Use, Cover and Forms Classification System, Level III (FLUCFCS, FDOT, January 1999) (Figure 5). The uplands within the subject property consist of Professional Services (143), Improved Pasture (211), Woodland Pasture (213), Temperate Hardwood (425), and Roads & Highways (814). The wetland/surface water types consist of Streams & Waterways (510), Reservoirs less than 10 acres which are dominant features (534), and Mixed Wetland Hardwoods (617). The following provides a brief description of the land use types/vegetative communities identified on the site: lo -Tech Consulting Inc. wironment�%[ and Persnitting Services Mike Plante, L.D. Plante, Inc. LD Plante Winter Springs Site - Seminole County, Florida (BTC File #178-19.05) Preliminary Environmental Assessment Page 4 of 9 Uplands: 143 Professional Services A small tract of land within the central portion of the property may best be classified as Professional Services (143), per the FLUCFCS. Access to this portion of the property is gained via Railroad Avenue. Currently, this area consists of a paved parking area, a large open air storage building, and two (2) mobile office units associated with Daybreak Landscape, Inc. 211 Improved Pasture The majority of the subject property's upland community may best be classified as Improved Pasture (211), per the FLUCFCS. This community is located primarily within the northern portion of the property, both east and west of the Seminole County Trail System. One (1) large area of improved pasture is located along the southern boundary of the property. Vegetative species identified within this area consist predominantly of bahiagrass (Paspalum notatum), ragweed (Ambrosia artemisiifolia), dogfennel (Eupatorium capillifolium), tropical soda -apple (Solanum viarum), and arrowleaf sida (Sida rhombifolia) throughout the groundcover; with widely scattered live oak (Quercus virginiana), laurel oak (Quercus laurifolia), sweetgum (Liquidambar styraciflua), and cabbage palm (Sabal palmetto). Within this community exists a number of pens, corals, stables, barns, and ancillary buildings. Cattle are currently utilizing these areas for grazing; being rotated through the different pastures. 213 WoodlandPasture The second largest of the subject property's upland community may best be classified as Woodland Pasture (213), per the FLUCFCS. This community is located within the southwest and southeast portions of the property. As with the Improved Pasture community, groundcover vegetation consists of bahiagrass (Paspalum notatum), ragweed (Ambrosia artemisiifolia), dogfennel (Eupatorium capillifolium), tropical soda -apple (Solanum viarum), and arrowleaf sida (Sida rhombifolia). However, the Woodland Pasture contains a greater density/coverage of canopy species such as live oak (Quercus virginiana), laurel oak (Quercus laurifolia), and cabbage palm (Sabal palmetto), with scattered camphor (Camphora cinnamomum) and earpod tree (Enterolobium cyclocarpum). lo -Tech Consulting Inc. wironment�%[ and Persnitting Services Mike Plante, L.D. Plante, Inc. LD Plante Winter Springs Site - Seminole County, Florida (BTC File #178-19.05) Preliminary Environmental Assessment Page 5 of 9 425 Temperate Hardwood A small portion of the subject property may best be classified as Temperate Hardwood (425), per the FLUCFCS. This community is located within the western portion of the property, between the property's reservoir and Tuskawilla Road, and also within the eastern portion of the property, north of State Road 434. Dominant vegetative species consist of live oak (Quercus virginiana), laurel oak (Quercus laurifolia), camphor (Camphora cinnamomum), sweetgum (Liquidambar styraciflua), cabbage palm (Sabal palmetto), and red maple (Acer rubrum); with a sparse understory of dwarf palmetto (Sabal minor), saw palmetto (Serenoa repens), muscadine vine (Vitis rotundifolia), greenbriar (Smilax spp), bracken fem (Pteridium aquilinum). 814 Roads &Highways The final of the subject property's upland communities may best be classified as Roads & Highways (814), per the FLUCFCS. This community is directly associated with the two (2) paved road systems/right-of-ways that provide access to the property from S.R. 434; Garden Avenue and Railroad Avenue. Wetlands/Surface Waters: 510 Streams & Waterways A number of ditch systems extend through the subject property and adjacent to the interior roadways (Garden Avenue & Railroad Avenue) that may best be classified as Streams & Waterways (510), per the FLUCFCS. Although most of the ditch systems associated with the property are considered as roadside ditches, there is a large ditch system located adjacent to the Seminole County Trail System that bisects the property. This ditch system outfalls into the property's large, forested wetland within its northeastern portion via an upland excavated ditch. Additionally, a number of upland cut ditch systems extend through the eastern improved pasture, outfalling into the above referenced wetland. 534 Reservoirs Along the western boundary of the subject property, just east of Tuskawill Road, exists a small surface water system that would best be classified as a Reservoir — less than 10 acres but dominant feature (534), per the FLUCFCS. Vegetative species identified within this system consist of Carolina willow (Salix caroliniana), elderberry (Sambucus canadensis), sea myrtle (Bacharis hamilifolia), Chinese tallow (Triadica sebifera), cattail (Typha spp), primrose willow (Ludwigia peruviana), blackberry (Rubus spp), softrush (Juncus effusus), spikerush (Eleocharis spp), maidencane (Panicum hemitomon), common three -square (Scirpus pungens), dotted lo -Tech Consulting Inc. wironment�%[ and Persnitting Services Mike Plante, L.D. Plante, Inc. LD Plante Winter Springs Site - Seminole County, Florida (BTC File #178-19.05) Preliminary Environmental Assessment Page 6 of 9 smartweed (Polygonum punctatum), southern beakrush (Rhynchospora microcarpa), and dogfennel (Eupatorium capillifolium). During the field inspection, standing water was observed within the interior of this system. 617 Mixed Wetland Hardwoods Located within the northern and northeastern portions of the overall property are wetland communities that may best be classified as Mixed Wetland Hardwoods (617), per the FLUCFCS. These forested wetlands can be described as moderate -to -high quality wetlands. Vegetative species indentified within this community consist of sweetgum (Liquidambar styraciflua), red maple (Acer rubrum), laurel oak (Quercus laurifolia), loblolly bay (Gordonia lasianthus), water oak (Quercus nigra), pond cypress (Taxodium ascendens), blackguni (Nyssa sylvatica), cabbage palm (Sabal palmetto), American elm (Ulmus Americana), and yellow poplar (Liriodendron tulipifera) throughout the canopy and sub -canopy; with a dense understory of cinnamon fern (0smunda einnamomea), southern shield fern (Thelypteris kunthii), netted chain fern (Woodwardia areolata), and lizard's tail (Saururus cermius). The wetlands were flagged using pink "Bio -Tech Consulting" flagging tape. The westem-most wetland, Wetland 1, was delineated as WlA-1 thru WlA-14 and WlB-1 thru WIB-17. The eastern wetland, Wetland 2, has been delineated as W2-1 thru W2-7. The northern wetland, Wetland 3, has been delineated as W3-1 thru W3-16. All surface water ditches are to be identified via survey at top -of -bank. At this time a Petition for a Formal Wetland and Surface Water Determination is being completed for submittal to the St. Johns River Water Management District. PROTECTED SPECIES Utilizing methodologies outlined in the Florida Fish and Wildlife Conservation Commission's (FFWCQ Gopher Tortoise Permitting Guidelines (revised June 2011) an assessment for "listed" floral and faunal species occurring within the subject property boundaries was conducted. This survey covered approximately 100% of the subject property. Particular attention was given to those listed species which have the potential to occur in Seminole County (see attached Table 1). The review included direct observations, as well as evidence of a particular species' presence such as tracks, burrows, tree markings and birdcalls. No plant species listed by either The Florida Department of Agriculture (FDA) or U.S. Fish and Wildlife Service (USFWS) were identified on the site during the assessment conducted. The following is a list of those wildlife species identified during the evaluation of the property: lo -Tech Consulting Inc. wironment�%[ and Persnitting Services Mike Plante, L.D. Plante, Inc. LD Plante Winter Springs Site - Seminole County, Florida (BTC File #178-19.05) Preliminary Environmental Assessment Page 7 of 9 Reptiles and Amphibians black racer (Coluber constrictor) brown anole (Anolis sagrei) fence lizard (Sceloporus undulatus) gopher tortoise (Gopheruspolyphemus) green anole (Anolis caroliniana) Birds Black Vulture (Coragyps atratus) Blue Jay (Cyanocitta cristata) Common Grackle (Quiscalus quiscula) Carolina Wren (Thryothorus ludovicianus) Mourning Dove (Zenaida macroura) Northern Cardinal (Cardinalis cardinalis) Northern Mockingbird (Mimuspolyglottos) Mammals eastern gray squirrel (Sciurus carolinensis) nine -banded armadillo (Dasypus novemcinctus) raccoon (Procyon lotor) marsh rabbit (Sylvilaguspalustris) Virginia opossum (Didelphis virginiana) One (1) of the above identified species is listed in the FFWCC's Official Lists - Florida's Endangered Species, Threatened Species and Species of Special Concern (October, 2011). This species is the gopher tortoise. The gopher tortoise is currently "listed" as "Threatened". The following provides a brief description of this species as it relates to development of the property. Gopher Tortoise (Gopheruspolyphemus) State Listed as "Threatened" Currently the gopher tortoise (Gopherus polyphemus) is classified as a "Category 2 Candidate Species" by USFWS, and as of September 2007 is now classified as "Threatened" by FFWCC, and as "Threatened" by FCREPA. The basis of the "Threatened" classification by the FFWCC for the gopher tortoise is due to habitat loss and destruction of burrows. Gopher tortoises are commonly found in areas with well -drained soils associated with the pine flatwoods, pastures and abandoned orange groves. Several other protected species known to occur in Orange County have a possibility of occurring in this area, as they are gopher tortoise commensal species. These species include the eastern indigo snake (Drymarchon corais couperi), Florida mouse (Podomysfloridanus) and the gopher frog (Rana capito). However, none of these species lo -Tech Consulting Inc. wironment�%[ and Persnitting Services Mike Plante, L.D. Plante, Inc. LD Plante Winter Springs Site - Seminole County, Florida (BTC File #178-19.05) Preliminary Environmental Assessment Page 8 of9 were observed during the survey conducted. A number of tortoise burrows was observed through -out the subject property. The subject property was surveyed for the existence of gopher tortoises through the use of pedestrian transects (Figures 6 & 7). The survey covered approximately 100% of the suitable habitat present within the subject property boundaries. Twenty-six (26) active/inactive gopher tortoise burrows were observed and recorded using GPS technology. Based on twenty-six (26) potentially occupied burrows, it is estimated that approximately sixteen (16) may be occupied by a tortoise. This number is based on the factored occupation rate of 0.614 (Auffenburg-Franz). Therefore, for the purpose of estimating costs associated with the subject project, as many as sixteen (16) gopher tortoises are estimated to occupy these burrows. The FFWCC provides three (3) options for developers that have gopher tortoises on their property. These options include: 1) avoidance (i.e., 25 -foot buffer around burrow), 2) preservation of habitat, and 3) off-site relocation. As such, resolution of the gopher tortoise issue will need to be permitted through FFWCC prior to any construction activities. Based on the tortoise population that exists within the site and the expected development plan for the property (residential/commercial), there is only one potential option for resolving the gopher tortoise issue. This option is off-site relocation and would require that any tortosie within 25 feet of proposed construction activities be relocated off-site to an approved recipient site. For the twenty-six (26) gopher tortoise burrows, the estimated cost of off-site relocation is approximately $26,000.00 for the subject site; depending on the available recipient site at the time of permitting and the actual number of tortoises relocated. This cost includes a formal 100% gopher tortoise survey, permitting, excavation with a qualified biologist/FFWCC "authorized agent", and the recipient site fees. If relocation efforts cannot be completed within 90 days of a formal gopher tortoise survey, FFWCC requires an additional survey to be conducted. Thefeefor this additional survey is not included in the above cost estimate. Independent to the costs associated with gopher tortoise relocations (i.e., recipient site fees, excavation, silt fencing, transportation costs, etc.), FFWCC will be assessing a $200.00 fee for the first five (5) gopher tortoises and $300.00 per tortoise fee for all remaining on-site tortoises. Based on the estimated tortoise, the subject development site would be required to pay a one time fee of $3,500.00, paid to FFWCC prior to obtaining any permit (i.e., off-site relocation permits). This FFWCC mitigation fee requirement began after April 2009. lo -Tech Consulting Inc. wironment�%[ and Persnitting Services Mike Plante, L.D. Plante, Inc. LD Plante Winter Springs Site - Seminole County, Florida (BTC File #178-19.05) Preliminary Environmental Assessment Page 9 of 9 Bald Eagle (Haliaeetus leucocephalus) USFWSListedas "Threatened" In addition to the on-site review for "listed" species, BTC conducted a review of the FFWCC's recorded Bald Eagle (Haliaeetus leucocephalus) nest sites on or in the vicinity of the subject property. This review revealed three (3) Bald Eagle nests, through the 2010-2011 nesting season, within one mile of the subject site. These nests, Nest SE -002, Nest SE -003, and Nest SE - 087, are all located greater than 660' from any portion of the subject property. As such, no restrictions towards the development of the site will apply. The environmental limitations described in this document are based on observations and technical information available on the date of the on-site evaluation. This report is for general planning purposes only. The limits of any on-site wetlands/surface waters can only be determined and verified through field delineation and/or on-site review by the pertinent regulatory agencies. The wildlife surveys conducted within the subject property boundaries do not preclude the potential for any listed species, as noted on Table I (attached), currently or in the future. Should you have any questions or require any additional information, please do not hesitate to contact our office at (407) 894-5969. Thank you. attachments Regards, Stephen Butler Project Manager Oa=1001' ��� John Miklos President lo -Tech Consulting Inc. wironment�%[ and Persnitting Services brk cl-I L. Legend I L-1 LD Plante WS Property -V T L '01 Sahford %: ke Ma ry V % 7 %: - N - %: i', "e, 1: ---- --- J % ....... I J Q -1 Longwood" 4 _J A V9 r Winter SDri —.4 \7 — .1 1- __ 0, F, % L Q) t2 Natures Way Milky Way Gulfstar Dr )ha Ct sr, _0 yr X, Bie-Tech Consulfing Inc. Environmental and Permitting Services 2002 E. Robinson St. Orlando, FL 32803 Ph: 407-894-5969 Fax: 407-894-5970 www.bio-techconsulting.com 111--_� ` J0 F�_ 6� Yellow Pine Ct '0 0 C� Ayers Wood Ct -Northern Way J 1:� 10 FY� LD Plante WS Site Seminole County, Florida Figure 1 Location Map "Oviedo — morml I � Feet Project #:178-19 Produced By: SEB Date:5/8/2012 Legend PA WT LD Plante WS Property a IP In 6 A PIN 4 1 r P L 'H* IV ow I I I dr W )N- le-�k.l Lim) % I LEY!ka -1 LPCT TJ -1:F-1 . UrN P, .4 Irlu'ric. L 10 A W f L 0-- VAL �5w now L AL 0 X LX UJEE A E IWr ZVI I -Al Jb k .1 —1 0 ;,TW L L D Plante WS Site 1 540 Feet Ble-Tech Consultinu Inc. Seminole County, Florida Project #:178-19 Environmental and Permitting Services 2002 E. Robinson St. Orlando, FL 32803 Figure 2 Produced By: SEB Ph: 407-894-5969 Fax: 407-894-5970 www.bio-techconsulting.com 2009 Aerial Photograph Date:5/8/2012 &: A Legend en LID Plante WS Property Lj -7 % % %%.% % :% H 7 ei .p % % % LC % % %% C: 4 ry, eq :,AtIWL .7 % le I 'I % % e V. % % llj� f% ki. b� 7 27 < % Lr- e, %k % I % % .%X '4� % % 27 % 9L -%% -:77 % e ob r %% L I % % % % n L % % %% % % -�3 j % % n %%L b. I z� w I %L 44 % �t-- % %%% NJ! % ;L% %: % % % % % x k� 11% IN % %L % % 4. % f % % L % %% % %% 14 6 % 4 ep L v % % ': ir % s %: r — I --- % % .7 e: 'Fq r;6 �2 p C!: IL6 b r, I- f -V % % % e A v, IN e L r r'/ f L7� P, I I r" I". I r�j IN, —L 7-- I elk b, rN . , :-- 5— A 7. .Ir % % T. % e L7 - I % 114% % %: S. I IIIN, 2.800 I / LD Plante WS Site AW I Feet Bio -Tech Consulfing Inc. Seminole County, Florida Proj ect #: 17 8-19 Environmental and Permitting Services 2002 E. Robinson St. Orlando, FL 32803 Figure 3 Produced By: SEB Ph: 407-894-5969 Fax: 407-894-5970 www.bio-techconsulting.com USGS Topographic Map Date:5/8/2012 r Legend LEEEIEIF) Ll 11 LD Plante WS Property F Ell:] El El:::P 4r- Soil Symbol, Soil Name Qr. 2, ADAMSVI LLE -S PARR FINE SANDS 11, BASINGER AND SMYRNA FINE SANDS, DEPRESSIONAL 20, MYAKKAAND EAUGALLIE FINE SANDS XIE]EY)CM 26, UDORTHENTS, EXCAVATED 29, ST JOHNS AND EAUGALLIE FINE SANDS L 31, TAVARES-MILLHOPPER FINE SANDS, 0 TO 5 PERCENT SLOPES 6 lei BULL L 10 91 P. b L A& L6 JL :71U7—'�y IEK;Fr7 I M Cf7U-f71EFrjEf7rjLJ C!CF7 6 e -4� Lw ' A It A LD Plante WS Site 540 Feet 11 11 Ble-Tech Consultinu Inc. Seminole County, Florida Project #:178-19 Environmental and Permitting Services 2002 E. Robinson St. Orlando, FL 32803 Figure 4 Produced By: SEB Ph: 407-894-5969 Fax: 407-894-5970 www.bio-techconsulting.com USDA-NRCS Soils Map Date:5/8/2012 I P r:2, r i A., �4 Legend E: El 0 E: E: E: E: 0 0 E: E: F 1� Ll El LID Plante WS Property F 56, Professional Services (143) -UW, F'=- Improved Pasture (211) Woodland Pasture (213) LL - r F. -I Temperate Hardwood (425) 7 J Streams & Waterways (510) Reservoir (534) Mixed Wetland Hardwoods (617) %v - Roads & Highways (814) J� T-5 '143 r 41 41. X W INK 6, -Jh. Ble-Tech Consultinu Inc. Environmental and Permitting Services 2002 E. Robinson St. Orlando, FL 32803 Ph: 407-894-5969 Fax: 407-894-5970 www.bio-techconsulting.com LD Plante WS Site Seminole County, Florida Figure 5 FLUCFCS Map gr I �� Feet Project #:178-19 Produced By: SEB Date:5/8/2012 Legend Sk 7 L] LID Plante WS Property GT Burrows (26) I Up' �i. = LL - V A-4,- J-0 I . , - I ML I R J wj,� -. - -, - 11 Ith AK 7 JW r L J A. r V 7 M r T]CIE Ar -A 2.1 .0 ;, * .7, i: - V V r i�y f Qcf:�, �'r ]L T IL -r It 11 TZ T -E 3E ]L -4j V Z4 pp. JR -L "Im IC IE r U IL T Y L r r ]L y JLJLJEXA-1Ez:]rr" 1E A -T A 71 % 590 Bio -Tech Consulting Inc. Environmental and Permitting Services 2002 E. Robinson St. Orlando, FL 32803 Ph: 407-894-5969 Fax: 407-894-5970 www.bio-techconsulting.com LD Plante WS Site Seminole County, Florida Figure 6 GT Burrow Map I � Feet Project #:178-19 Produced By: SEB Date:5/8/2012 F, 11 ! '" ' Al - - F—i aid .4w Bio -Tech Consulfing Inc. Environmental and Permitting Services 2002 E. Robinson St. Orlando, FL 32803 Ph: 407-894-5969 Fax: 407-894-5970 www.bio-techconsulting.com L 'r LD Plante WS Site Seminole County, Florida Figure 7 Willdlife Survey Transect Legend �: E: El El E: E� I Ll LID Plante WS Property 4=:]:J:]E� Track Log (4-27-2012) I I Feet Project #:178-19 Produced By: SEB Date:5/8/2012 Table 1: Potentially Occurring Listed Wildlife and Plant Species in Seminole County, Florida entific Name Common Name Federal Status State Status Occurrence Status FISH Pteronotropis welaka bluenose shiner N LS C AMPHIBIANS Rana capito gopher frog N LS P REPTILES Alligator mississippiensis American alligator T(S/A) LS C Drymarchon corais couperi eastern indigo snake LT LT C Gopherus polyphemus gopher tortoise N LS C Pituophis melanoleucus Mugitus Florida pine snake N LS C Stilosoma extenuatum short -tailed snake N LT P BIRDS Eudocimus albus white ibis N LS P Falco sparverius paulus southeastern American kestrel N LT P Haliaeetus leucocephalus bald eagle LT LT C Mycteria americana wood stork LE LE P Aramus guarauna limpkin N LS P Egretta caerulea little blue heron N LS C Egretta thula snowy egret N LS C Egretta tricolor tricolored heron N LS C Falco peregri . nus pereg ine falcon LE LE P Picoides borealis red -cockaded woodpecker LE LT C Aphelocoma coerulescen Florida scrub -jay LT LT C Grus canadensis pratensis Florida sandhill crane N LT C Pandion haliaetus osprey N LS** C MAMMALS Podomys floridanus Florida mouse N LS C Sciurus niger shermani Sherman's fox squirrel N LS C Trichechus manatus manatee LE LE C Ursus ame i . canus Florida black bear C LT** C floridanus PLANTS Dennstaedtia bipinnata hay scented fern N LE C Lechea cernua nodding pinweed N LT C Carex chapmani . 1 . Chap an's Sedge N LE C Centrosema arenicola Sand Butterfly Pea N LE C Cucurbita okeechobeensis Okeechobee Gourd LE LE C Ophioglossum palmatum Hand Fern N LE C Illicium parvfflorum star anise N LE C Lechea cernua nodding pinweed I N LT C ISalix_floridana Florida willow I N LE C FEDERAL LEGAL STATUS LE -Endangered: species in danger of extinction throughout all or a significant portion of its range. LT -Threatened: species likely to become Endangered within the foreseeable future throughout all or a significant portion of its range. E(S/A)-Endangered due to similarity of appearance to a species which is federally listed such that enforcement personnel have difficulty in attempting to differentiate between the listed and unlisted species. T(S/A)-Threatened due to similarity of appearance (see above). PE -Proposed for listing as Endangered species. PT -Proposed for listing as Threatened species. C -Candidate species for which federal listing agencies have sufficient information on biological vulnerability and threats to support proposing to list the species as Endangered or Threatened. XN-Non-essential experimental population. MC -Not currently listed, but of management concern to USFWS. N -Not currently listed, nor currently being considered for listing as Endangered or Threatened. STATE LEGAL STATUS - ANIMALS LE -Endangered: species, subspecies, or isolated population so few or depleted in number or so restricted in range that it is in imminent danger of extinction. LT -Threatened: species, subspecies, or isolated population facing a very high risk of extinction in the future. LS -Species of Special Concern is a species, subspecies, or isolated population which is facing a moderate risk of extinction in the future. PE -Proposed for listing as Endangered. PT -Proposed for listing as Threatened. PS -Proposed for listing as Species of Special Concern. N -Not currently listed, nor currently being considered for listing. STATE LEGAL STATUS - PLANTS LE -Endangered: species of plants native to Florida that are in imminent danger of extinction within the state, the survival of which is unlikely if the causes of a decline in the number of plants continue; includes all species determined to be endangered or threatened pursuant to the U.S. Endangered Species Act. LT -Threatened: species native to the state that are in rapid decline in the number of plants within the state, but which have not so decreased in number as to cause them to be Endangered. PE -Proposed for listing as Endangered. PT -Proposed for listing as Threatened. N -Not currently listed, nor currently being considered for listing. COUNTY OCCURRENCE STATUS Vertebrates and Invertebrates: C = Confirmed P = Potential N = Nesting Plants: C �Confirmed R = Reported Q IM 5:1 C'q Ign CITY OF LONG low W From W i C�l CITY-QF—CASSELBER Trans 0 (-_jt� Of Winter.,5prings Comprekensive r1an ortation Concurrency Exception Area,(TCEA October 2013 J 0 -d ex Lake Jesup Howell Zon'es M nil M. INT 0 C4 Inceorporated 1959 RI'D Attachment "G" CITY OF OVIEDO 0 0.250.5 1 M i I e s Source:/ inter Springs Planning Division, R. Woodruff, October 2013 z Attachment "H" ORDINANCE NO. 2013-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF REAL PROPERTY CONSTITUTING NINE (9) PARCELS OF LAND TOTALING 60 ACRES, MORE OR LESS, GENERALLY LOCATED SOUTH OF STATE ROAD 434 AND EAST OF TUSKAWILLA ROAD IN THE CITY OF WINTER SPRINGS, FLORIDA, DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "A-1 AGRICULTURAL" AND "M-1 INDUSTRIAL" TO WINTER SPRINGS "TOWN CENTER DISTRICT;" PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under Section 2(b), Article V111, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs have recommended approval of this Ordinance at its October 2, 2013 meeting; and WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed zoning change set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby finds the requested change consistent with the City of Winter Springs Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning change set forth hereunder; and WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate government purpose and is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. City of Winter Springs Ordinance No. 2013-15 Page I of 2 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of Winter Springs as described in City of Winter Springs Code Section 20-102 is hereby amended to include a change of classification from Seminole County "A- I Agricultural" and "M- I Industrial" Districts to City of Winter Springs "Town Center District" for the property depicted and legally described on Exhibit "A," which is attached and incorporated herein by this reference. City Staff is hereby directed to promptly amend the Official Zoning Map upon the effective date of this Ordinance. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. EffectiveDate. This ordinance shall become effective immediately upon the effective date of Ordinance No. 2013-13. If Ordinance No. 2013-13 does not become effective, this Ordinance shall be null and void and shall have no effect as if it were not adopted. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this _ day of 12014. Charles Lacey, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney City of Winter Springs Ordinance No. 2013-15 Page 2 of 2 Exhibit "A" LEGAL DESCRIPTION (PER TITLE COMMITMENT) - PARCELS 7, 8, 12, 14, and 17 and the platted roads, Gardena Farms, as recorded in Plat Book 6, pages 23 through 24, of the Public Records of Seminole County, Florida, together being described as follows: A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page5,and a portion of Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, and a portion of Gardena Farms, as recorded in Plat Book 6, Pages 23 through 24, all of the Public Records of Seminole County, Florida, being more particularly described as follows: COMMENCING at the Northwest comer of Lot 5 1, Tuscawilla Unit 9, as recorded in Plat Book 24, pages 72-73 of the Public Records of Seminole County, Florida; thence run North 55'2726" West, along the Westerly right of way line of Rails to Trails, as recorded in Official Records Book 3177, Page 632 of the Public Records of Seminole County, Florida, for a distance of 595.66 feet to the POINT OF BEGINNING; Thence departing said Westerly right of way line ran South 24'15'3 9 West, along the Westerly line of Lot 1, Block 1, Gardena Farms Town Sites, as recorded in Plat Book 6, page 39 of the Public Records of Seminole County, Florida, for a distance of 86.39 feet; thence run South 09'45'37" West for a distance of 55.07 feet to a point on the Southerly right of way line of Railroad Avenue, as shown on the said Plat of Gardena Farms Town Sites; thence run North 55027'26" West, along said Southerly right of way line, for a distance of 636.73 feet to a point on the South line of the North 1/2 of Block 3 of said Gardena Farms Town Sites; thence departing said Southerly right of way line, run North 85'4244" West, along said South line of the North 1/2 of Block 3, for a distance of 635.00 feet to a point on the West line of said Block 3; thence departing said South line, run North 04' 1 TI 6 " East, along said West line, for a distance of 377.73 feet to the North line of said Gardena Farms Town Sites; thence departing said West line, ran North 85'44'34" West, along said North line, for a distance of 1291.09 feet to a point on the Easterly right of way line of Tuskawilla Road; thence ran North 13'1 Y3 4" East, along said Easterly right of way line, for a distance of 45.94 to the point of curvature of a curve, concave Westerly, having a radius of 5 8 13 .47 feet, a chord bearing of North I I ' 19'2 0" East and a chord distance of 3 82.08 feet; thence run Northerly along the arc of said curve, and said Easterly right of way line, through a central angle of 03'45'59" for an arc distance of 382.15 feet to the point of compound curvature of a curve, concave Easterly, having a radius of 5693.21 feet, a chord bearing of North 11'19'33" East and a chord distance of 374.86 feet; thence ran Northerly along said curve and said Easterly right of way line, through a central angle of 03'4624" for an arc distance of 374.93 feet to the point of tangency; thence run North 13'13'03 " East along said Easterly right of way line, for a distance of 12.05 feet; thence departing said Easterly right of way line, ran South 87'58'44" East for a distance of 511.70 feet to the Westerly right of way line of the unnamed street as shown in said Plat Book 1, page 5; thence ran South 871 T59 " East for a distance of 15.00 feet to the centerline of said unnamed street; thence run North 02"41'54" East, along said centerline of unnarned street, for a distance of 372.00 feet; thence ran North 87'17'59" West for a distance of 15.00 feet to the aforesaid Westerly right of way line of the unnamed street; thence departing said Westerly right of way line, run North 8 1'23'14" West for a distance of 188.75 feet; thence run North 11"14'43" East for a distance of 47.95 feet; thence run North 74'48'12" West for a distance of 244.40 feet to the aforesaid Easterly right of way line of Tuskawilla Road, said point being on a curve, concave Easterly, having a radius of 5677.58 feet, a chord bearing of North 14'37'20" East and a chord distance of 240.25 feet; thence run Northerly along the are of said curve, and said Easterly right of way line, through a central angle of 02'25'29" for an arc distance of 240.27 feet; thence departing said Easterly right of way line, ran South 87'58'38" East for a distance of 369.67 feet to a point on the aforesaid Westerly right of way line of the unnamed street; thence ran South 871 T54" East for a distance of 30.00 feet to a point on the Easterly right of way line of the unnamed street; thence ran South 02'42'26" West, along the said Easterly right of way line, for a distance of 14.64 feet; thence departing said Easterly right of way line, run South 87'58'3 8" East for a distance of 142.88 feet to a point on the Westerly right of way line of the Rails to Trails, said point also being a point on a curve, concave Easterly, having a radius of 4008.02 feet, a chord bearing of South 04'25'42" East and a chord distance of 293.20 feet; thence run Southerly along the are of said curve, and said Westerly right of way line, through a central angle of 04'1 V32" for an arc distance of 293.27 feet to the point of compound curvature of a curve, concave Easterly, having a radius of 2248.74 feet, a chord bearing of South 15030'27" East and a chord distance of 689.06 feet; thence ran Southerly along the arc of said curve, and said Westerly right of way line, through a central angle of 17'37'34" for an are distance of 691.79 feet to the point of compound curvature of a curve, concave Northeasterly, having a radius of 1915.3 5 feet, a chord bearing of South 3 7'05'3 3 " East and a chord distance of 846.86 feet; thence run Southeasterly along the are of said curve, and said Westerly right of way line, through a central angle of 25'32'38" for an are distance of 853.91 feet; thence run North 37'08'28" East, along said Westerly and Southerly right of way line, for a distance of 19.99 feet; thence ran South 521144155" East, along said Westerly and Southerly right of way line, for a distance of 236.35 feet; thence run South 38'13'59" West, along said Westerly and Southerly right of way line, for a distance of 17.96 feet; thence run South 55'27'26" East, along said Westerly and Southerly right of way line, for a distance of 819.82 feet to the POINT OF BEGINNING. LESS AND EXCEPT any platted rights of way not shown as vacated. Containing 1,517,496 square feet, or 34.84 acres, more or less. Parcels 4, 5, 9, and 10, together being described as follows - A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page 5, and a portion of Gardena Farms Town Sites, as recorded 'in Plat Book 6, Page 39, all of the Public Records of Seminole County, Florida, being more particularly described as follows: BEGINNING at the Northwest comer of the Reserve at Tuscawilla Phase II, as recorded in Plat Book 50, Pages 3 through 9 of the Public Records of Seminole County, Florida; thence run thence run South 00'45'3 3 " East along the Westerly line of said Reserve at Tuscawilla, Phase 11, also being the East line of Block A and Block D, Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, of the said Public Records of Seminole County, Florida, for a distance of 810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails; thence departing said West line and said East line, ran North 55'28'13" West along said Northeasterly right of way line, for a distance of 1393.50 feet to the point of curvature of a curve, concave Northeasterly, having a radius of 1815.35 feet, a chord bearing of North 39'53'47" West and a chord distance of 973.99 feet; thence run Northwesterly along the are of said curve, and said Northeasterly right of way line, through a central angle of 31'07'19" for an arc distance of 986.06 feet; thence departing said curve, and said Northeasterly right of way line, ran South 85'45'55" East for a distance of 956.82 feet to a point on the Southerly right of way line of State Road 434; thence run South 41'02'40" East along said Southerly right of way line for a distance of 43.63 feet to a point on a curve, concave Northeasterly, having a radius of 2998.40 feet, a chord bearing of South 5 6' 12'43 " East and a chord distance of 3 7 3.7 8 feet; thence run Southeasterly along the arc of said curve, and said Southerly right of way line, through a central angle of 07'08'50" for an arc distance of 374.02 feet; thence departing said curve, run North 30'12'52" East, along said Southerly right of way line, for a distance of 15.00 feet to a point on a curve, concave Northeasterly, having a radius of 2983.40 feet, a chord bearing of South 61'27'48" East and a chord distance of 174.69 feet; thence ran Southeasterly along the arc of said curve, and said Southerly right of way line, through a central angle of 03'2 120" for an arc distance of 174.72 feet; thence departing said curve, run South 04'13'03" West, along said Southerly right of way line, for a distance of 206.3 8 feet to the Northerly right of way line of Old State Road 434; thence run South 3 1'20'20" West for a distance of 30.00 to the Centerline of said right of way, said point also being on a curve, concave Northerly, having a radius of 581.40 feet, a chord bearing of South 76'03'01 " East and a chord distance of 347.22 feet; thence run Easterly along the arc of said curve, and said Centerline, through a central angle of 34'44'53" for an arc distance 352.60 feet; thence departing said curve, run South 02'25'12" East for a distance of 29.86 feet to the POINT OF BEGINNING. LESS AND EXCEPT any platted rights of way not shown as vacated.. AND ALSO LESS AND EXCEPT that portion of old State Road 434 as shown on the Florida Department of Transportation Right of Way Map Section 77070-2517. Containing 1,207,960. square feet, or 27.73 acres, more or less. Parcel 15, also being described as follows: A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, being more particularly described as follows - COMMENCING at the Northwest comer of the Reserve at Tuscawilla Phase 11, as recorded in Plat Book 50, Pages 3 through 9 of the Public Records of Seminole County, Florida; thence run thence run South 00'453 3 East along the Westerly line of said Reserve at Tuscawilla, Phase 11, also being the East line of Block A and Block D, Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, of the said Public Records of Seminole County, Florida, for a distance of 810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails; thence depa-rtmig said West line and said East line, run North 55'28'13" West along said Northeasterly right of way line, for a distance of 1393.50 feet to the point of curvature of a curve, concave Northeasterly, having a radius of 1815.35 feet, a chord bearing of North 39'53'47" West and a chord distance of 973.99 feet; thence run Northwesterly along the arc of said curve, and said Northeasterly right of way line, through a central angle of 3 1'07'19" for an are distance of 986.06 feet; thence departing said curve, and said Northeasterly right of way line, run South 85'45'55" East for a distance of 956.82 feet to a point on the Southerly right of way line of State Road 434; thence continue South 85'45'55" East for a distance of 279.36 feet to a point on the Northerly right of way line of said State Road 434 and the POINT OF BEGINNING; thence departing said Southerly night of way line, ran South 85'45'55" East for a distance of 242.50 feet; thence run South 04' 13'03 " West for a distance of 132.06 feet to a point on the aforesaid Northerly right of way line, said pointalso being a point on a curve, concave Northeasterly, having a radius of 2853.40 feet, a chord bearing of North 60'55'00" West and a chord distance of 112.65 feet; thence run Northwesterly along the arc of said curve, and said Northerly right of way line, through a central angle of 02'15'44" for an arc distance of 112.66 feet; thence departing said curve, run North 3 0'12'52" East, along said Northerly right of way line, for a distance of 10.00 feet to a point on a curve, concave Northeasterly, having a radius of 2843.40 feet, a chord bearing of North 58'08'24" West and a chord distance of 163.31 feet; thence ran Northwesterly along the arc of said curve, and said Northerly right of way line, through a central angle of 03'17'29" for an are distance of 163.34 feet to the POINT OF BEGINNING - Containing 16,3 74 square feet, or 0. 3 8 acres, more or less. '.7 CL CL Z7 . Ell L i 1:3 ID CL L L Tq'm YL m no > CD CD 0 rTl-.a m Attachment "I" COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, FL 32708 Telephone (407) 327-1800 Fax: (407) 327-4756 April 18, 2014 (VIA CERTIFIED MAIL) Seminole County Board of County Commissioners C/O Jim Hartmann, County Manager 1101 East I" Street Sanford, Florida 32771 Re: Proposed Voluntary Annexation - Tax Parcel Identification Numbers: 26-20-30-5AR-OA00-008G 26-20-30-5AR-OA00-008C 26-20-30-5AR-OAOO-0080 06-21-31-501-OAOO-0000 06-21-31-501-01300-0000 06-21-31-501-0200-0000 06-21-31-501-03OA-0000 01-21-30-501-0000-0340 01-21-30-501-0000-0170 Dear Mr, Hartmann, Pursuant to Florida Statute 171.044 (6), the City of Winter Springs is forwarding to your attention a copy of the notice of annexation for the aforementioned Seminole County Tax Identification Numbers for property herein referred to as the 'Plante Property'. The subject property is located east of Tuskawilla Road and south of State Road 434 (see Exhibit A - Location Map). A future land use amendment and rezoning of the subject property to a City of Winter Springs future land use and zoning designation are proposed in conjunction with this annexation request as follows: Seminole County Existing Future Land Use Existing Zoning Industrial A-1 &M-1 City of Winter Springs Proposed Future Land Use :::]::proposed Zoning Town Center I Town Center Proposed Voluntary Annexation Notification Letter Seminole County Board of County Commissioners CIO Jim Hartmann, County Manager Pg. 2 The City Commission of the City of Winter Springs will consider the Second Reading of both the Annexation and Large Scale Plan Amendment on Monday, May 12, 2014 at 5:15 or soon thereafter in the Commission Chambers, Winter Springs City Hall. If there are any questions or clarifications necessary, please feel free to contact me by telephone at (407) 327-5967 or via email at rwoodruff@winterspringsfl.org. Sincerely, Randy Woodruff, AICP Senior Planner Enclosures: Exhibit A - Location Map CC: Nicole Guillet, AICP, Seminole County Deputy County Manager Anthony Garganese, City Attorney (via email) Randy Stevenson, AICP, ASLA, Community Development Director -4 a IL an was Ji ga, 'mm 'sss' 14 A ,*Are -41TNLr-. AD C:Xm mat" go No Mon., aftlimm �Jlm� % 4L� f& ijrj�� v IN, isiift— Apt ,;ilia w1w "Vft m Aff lmSlzm M" W'w cc la W limm aw w w Mir ioX t 0% Attachment "J" 14 G2 Orlando Sentinel Thursday. April 24,20114 51, NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION PROPOSES TO ADOPT THE FOLLOWING: ORDINANCE NO. 2013-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING NINE (9) PARCELS OF LAND COMPRISING APPROXIMATELY 60 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED SOUTH OF STATE ROAD 434 AND EAST OF TUSKAWILLA ROAD, SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE It, BOUNDARIES, TO INCORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH APPROPRIATE AGENCIES UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. AND ORDINANCE NO. 2013-13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS DESCRIBED AS NINE (9) PARCELS OF LAND, CONTAINING 60 GROSS ACRES, MORE OR LESS, AND GENERALLY LOCATED SOUTH OF STATE ROAD 434 AND EAST OF TUSKAWILLA ROAD, SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "INDUSTRIAL" TO CITY OF WINTER SPRINGS "TOWN CENTER"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE COMPREHENSIVE PLAN; SEVERABILITY, AND AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT. AND ORDINANCE NO. 2013-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDX CHANGING THE ZONING MAP DESIGNATION OF REAL PROPERTY CONSTITUTING NINE (9) PARCELS OF LAND TOTALING 60 ACRES, MORE OR LESS, GENERALLY LOCATED SOUTH OF STATE ROAD 434 AND EAST OF TUSKAWILLA ROAD IN THE CITY OF WINTER SPRINGS, FLORIDA, DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "A-1 AGRICULTURAL" AND "M-11 INDUSTRIAL" TO WINTER SPRINGS "TOWN CENTER DISTRICT," PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. LOCATION MAP CITY COMMISSION SECOND READING ADOPTION PUBLIC HEARING WILL BE HELD ON MONDAY, MAY 112,20114 AT 5:15 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 11126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinances and complete legal description by meets and bounds may be obtained by interested parties between 8 a.m. and 5 p.m., Monday through Friday, from the office of the City Clark, located at 1126 E. SR 434, Winter Springs, Florida. For more information, call (407) 327-1800 #227. Persons with disabilities needing assistance to participate 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 is a public hearing. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinance. If you decide to appeal any recommendation or decision made by the City Comm ' ission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. G2 I Orlando Sentinel Thursday, " 16 2014 SE A NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION PROPOSES TO ADOPT THE FOLLOWING: ORDINANCE NO. 2013-12 AN ORDINANCE DF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING NINE (9) PARCELS OF LAND COMPRISING APPROXIMATELY 60 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA. AND GENERALLY LOCATED SOUTH DF STATE ROAD 434 AND EAST OF TUSKAWILLA ROAD, SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; PROVIDING FDR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE 11, BOUNDARIES, TO INCORPORATE THE REAL PROPERTY INTO THE CITY BOUNOARIES� PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH APPROPRIATE AGENCIES UPON SAID APPROVAL: PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY. AND AN EFFECTIVE DATE. LOCATION MAP CITY COMMISSION SECOND READING PUBLIC HEARiNG WILL BE HELD ON MONDAY, MAY 12, 2,014 Al 5:15 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1125 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA Theproposed ordirianceand complete legaldescription by meets and bounds may be obtained by interested parties between 8 am. and 5 p.m., Monday through Friday, from the office of the City Clerk, located at 1126 E. SR 434 Winter Springs, Florida. For more information, call (407) 327-INO 1227. Persons with disabilities needing assistance to participiate in any of these proceedings should contact the Employee Relations Department Coordinator, 4B hours in advance of the meeting at (407) 327-1800,0236� This isa public hearing. Interested parties are advised that they rn@y appear at the meeting and be heard with respect to the proposed ordinance. It you decide to appeal any recommendation or decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of Ito proceedings, and for &uch purposes, you may naed to ensure that a verbatim record of the proceedings is made upon which the appeal is based.