HomeMy WebLinkAbout2012 11 07 Public Hearing 503 Ordinance 2012-21, Weaver Large Scale Comprehensive Plan Amendment LOCAL PLANNING AGENCY AGENDA
ITEM 503 Consent
Information
Public Hearing X
Regular
November 7, 2012
Meeting
REQUEST:
The Community Development Department — Planning Division requests that the Local
Planning Agency hold a Public Hearing to consider Ordinance 2012-21, a Large-Scale
Future Land Use Map Amendment, Expedited State Review (ESR 13-1), which proposes
to change the Future Land Use Map designation from "Rural Residential" and
"Conservation Overlay" to "Low Density Residential" and "Conservation Overlay" for
approximately 19.1 acres, located on the north side of State Road 434, west of the
intersection of DeLeon Street and Cress Run.
PURPOSE:
The City of Winter Springs Community Development Department has received an
application for a Large-Scale Future Land Use Map Amendment, Expedited State Review
(ESR 13-1), which if approved, would change the Future Land Use Map designation for
an approximate 19.1 acre parcel located on the north side of State Road 434, west of the
intersection of DeLeon Street and Cress Run from "Rural Residential" and"Conservation
Overlay" to "Low Density Residential" and "Conservation Overlay". The applicant has
indicated that the subject property is a major portion of the development of a single-
family residential subdivision that is proposed to be developed partially in the City of
Winter Springs, and partially in the City of Oviedo.
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 163.3174 (4): The Local Planning Agency shall have the general
responsibility for the conduct of the comprehensive planning program. Specifically, the
Local Planning Agency shall:
(a) Be the agency responsible for the preparation of the comprehensive plan or plan
amendment and shall make recommendations to the governing body regarding the
adoption or amendment of such plan...
November 7,2012
Public Hearing Agenda Item 503
Page 12
(b) Monitor and oversee the effectiveness and status of the comprehensive plan and
recommend to the governing body such changes in the comprehensive plan as may from
time to time be required...
Florida Statute 163.3187 Amendment of adopted comprehensive plan;
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions;
Winter Springs Charter Section 4.15 Ordinances in General;
Winter Springs Article III. Comprehensive Plan Amendments;
Section 15-30. Authority,purpose and intent;
Section 15-35. Review Procedure;
Section 15-36. Review criteria;
Section 15-37. Local Planning Agency Review and Recommendation:
Prior to the City Commission's consideration of the application, the Local Planning
Agency shall consider the application(s) at a Public Hearing, along with the staff review
board's recommendation, and recommend that the City Commission approve, approve
with modifications (text only), or deny the application for transmittal to the Department
of Economic Opportunity. At a minimum, the Local Planning Agency shall consider the
same factors considered by the staff review board. The LPA shall hold at least one (1)
public hearing prior to making its recommendation to the City Commission.
CONSIDERATIONS:
Applicant—Dwight Saathoff: American Land Investments of Central Florida, LLC.
Location — north side of State Road 434, west of the intersection of DeLeon Street and
Cress Run.
Site Information— The approximate 19.1 acre parcel currently has a "Rural Residential",
and "Conservation Overlay" future land use designation. The applicant has petitioned the
City to change the future land use designation of the parcel to "Low Density Residential",
and"Conservation Overlay" in order to develop a single-family residential subdivision on
the property.
PARCEL
Property Address: No existing address
Property Owner: Donald E. Weaver, as Trustee of the Donald
E. Weaver Revocable Trust dated June 29,
1984
Applicant Address: 5535 Osprey Isle Lane, Orlando, FL 32819
Property Appraiser Parcel I.D.: 03-21-31-300-0090-0000
November 7,2012
Public Hearing Agenda Item 503
Page 13
Property Acreage: Approximately 19.1 acres
Property Legal Description: LEG SEC 03 TWP 21S RGE 31E W 1/2 OF
SW 1/4 OF NW 1/4
Existing Zoning: City of Winter Springs R-C1 (Single-family
dwelling district)
Current Future Land Use: Rural Residential, Conservation Overlay
Proposed Future Land Use: Low Density Residential, Conservation
Overlay
Existing Land Uses —The property is currently undeveloped. Portions of the property are
currently being utilized for the growing and harvesting of palm trees. According to the
Phase I Environmental Site Assessment, a shed was utilized for the storage of fertilizers
on the property. The western portion of the property contains a 100-foot by 100-foot
parcel where a cellular tower is located. Within the cellular tower parcel, there is an
emergency generator with an aboveground diesel fuel storage tank. Additionally, there is
a Conservation Overlay over the southwestern portion of the property. Per the City's
Comprehensive Plan, the Conservation Overlay is "not intended to prevent development,
but rather identify sensitive areas that need to be reviewed carefully during the review
process to determine whether development should be permitted or if some form of
mitigation may be necessary."
Adjacent existing land uses, zoning and future land use designations include the
following:
Existing Land Uses Zoning Future Land Use
Subject Property Undeveloped with a palm tree City of Winter Springs City of Winter Springs"Rural
growing and harvesting operation, R-C 1(Single-family Residential"and"Conservation
cellular tower dwelling district) Overlay"
North City of Winter Springs Solary Canal City of Winter Springs City of Winter Springs
stormwater treatment facility R-C1(Single-family "Public/Semi-public"
dwelling district)
South Undeveloped City of Winter Springs City of Winter Springs
C-1(Neighborhood "Commercial","Conservation"
Commercial) and"Conservation Overlay"
East Warehouse/storage facility,vacant City of Winter Springs City of Winter Springs"Rural
two-story single-family home R-C1(Single-family Residential",Seminole County
dwelling district), Rural 3
Seminole County A-3
(Agriculture)
West Single-family residential subdivision City of Winter Springs City of Winter Springs
(Barrington Estates),commercial use C-1(Neighborhood "Commercial","Low Density
consisting of a daycare center Commercial),R-1A Residential"(Barrington Estates:
(One family dwelling density of 1.88 dwelling units per
district) acre).
November 7,2012
Public Hearing Agenda Item 503
Page 14
Development Trends — This parcel is undeveloped and has been utilized for the growing
and harvesting of palm trees. The parcel to the north is owned by the City of Winter
Springs and is the site of the Solary Canal stormwater treatment facility. The parcel to the
south consists primarily of undeveloped lands characterized by wooded areas, and is the
subject of a proposed Small-Scale future land use amendment being considered under
Ordinance 2012- 19. The parcels to the east consist of a vacant two-story single-family
residence that is located in Seminole County, and a warehouse/storage facility that is
located within the City of Winter Springs. The property immediately to the west is
located within the City of Winter Springs and consists of a single-family residential
subdivision known as Barrington Estates, which has approximately 110 lots. Barrington
Estates was developed at a density of 1.88 dwelling units per acre. Based on a Conceptual
Plan submitted by the applicant as a point of discussion, the subject property is proposed
to be developed at a density of 2.14 dwelling units per acre (19.1 acres /41 lots proposed
= 2.14 dwelling units per acre). Beyond the adjacent parcels, the surrounding area has
trended toward low density single-family development. The subject property has a current
future land use designation of"Rural Residential" and"Conservation Overlay".
Proposed Future Land Use Classification — The proposed change in the future land use
designation to"Low Density Residential" and"Conservation Overlay"will permit up to a
maximum of 3.5 units per gross acre on the developable portions of the property. The
current designation of "Rural Residential" and "Conservation Overlay" permits a
maximum of 1 (one) dwelling unit per acre on the developable portions of the property.
Based on a conceptual plan that the applicant presented to staff as a point of discussion, a
majority of the property will be developed as single-family residences that will be part of
an overall residential subdivision that will be developed in both the City of Winter
Springs and the City of Oviedo. The applicant has indicated the entire project will be
developed with the same density as the subject parcel. The southwestern portion of the
site where the existing conservation overlay designation is located will remain in
preservation. The remainder of the development will be located on adjacent parcels, one
of which is located in the City of Winter Springs, and the remaining parcels are located in
the City of Oviedo. According to the application received by the City, no wetland impacts
are anticipated. If during the design phase any such impacts are unavoidable, the applicant
will be required to mitigate said impacts in accordance with all applicable laws.
Development of this property as single-family residences, and retaining the remaining
conservation overlay designation appears to be the highest and best use of the property.
Letters/Phone Calls In Favor Or Opposition — To date, the City has not received any
letters or phone calls in favor or opposition.
COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this
application:
November 7,2012
Public Hearing Agenda Item 503
Page 15
Justification for Future Land Use Designation - The requested future land use map
designation is "Low Density Residential" and "Conservation Overlay" from "Rural
Residential" and "Conservation Overlay". The applicant has applied for the future land
use amendment in order to develop the subject property as part of a single-family
residential subdivision that is proposed for development in both the City of Winter
Springs and the City of Oviedo. The proposed use and density is compatible with the
surrounding area, as it generally characterized by low density residential development
patterns.
Public Facilities:
ROADS/TRAFFIC CIRCULATION:
The portion of State Road 434 that the property is closest to contains two lanes and has
access to the State Road 417/Greeneway beltway, which is approximately one (1) mile to
the west of the subject property. A conceptual plan that was presented to staff for
discussion purposes shows an internal road will be developed on the property. This road
is proposed for development in both the City of Winter Springs and the City of Oviedo.
Lots on the subject property are proposed to have frontage on this street. This street is
proposed to service the entire development which the subject property is proposed to be
part of.
Availability of Access:
A Conceptual Plans that was provided by the applicant as a point of discussion shows the
parcel being interconnected to an adjacent parcel which is proposed at this point to have
access to DeLeon Street, a Seminole County local road. Access to the State Road
417/Greeneway is approximately one (1)mile to the west. As previously mentioned, these
lots will have frontage on an internal street which is proposed to be developed in the City
of Oviedo and the City of Winter Springs.
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 two-lane roadway.
According to the City's Comprehensive Plan, the level of service (LOS) on this portion of
State Road 434 is `F'. According to the traffic study that was submitted by the applicant,
under the current "Rural Residential" future land use designation, the property could be
developed with a maximum of 19 residential units (1.0 dwelling units per acre x number
of acres). The proposed change to "Low Density Residential" would permit up to 3.5
dwelling units per acre on the property. This future land use designation allows up to a
maximum of 67 units on the property (3.5 dwelling units per acre x 19.1 acres =). Based
on a Conceptual Plan submitted by the applicant as a point of discussion, the subject
property is proposed to be developed at a density of 2.14 dwelling units per acre (19.1
acres/41 lots proposed=2.14 dwelling units per acre).
November 7,2012
Public Hearing Agenda Item 503
Page 16
If the subject parcel itself was the only property proposed for development, there would
be an increase in the total amount of trips on the adjacent roadways. According to the
conclusion provided in the traffic study, development of the subject property and the
adjacent parcels as a single-family residential subdivision will result in a net decrease of
3,852 new daily trips and 357 new P.M. peak hour trips on State Road 434.
POTABLE WATER:
City water lines are available in the general vicinity of the subject property. At the time of
development, the applicant will be required to extend water lines to the subject property.
WAS'1'EWA'1'ER
City sewer service is available in the general vicinity of the subject property. At the time
of development, the applicant will be required to extend sewer service to the subject
property.
RECLAIMED WATER:
Facilities serving the parcels: None currently.
ELECTRIC SERVICE:
Facilities serving the parcels: None currently. The City of Winter Springs is serviced by
Progress Energy for electric service. Progress 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 Services of Florida, Inc., 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 Hall currently houses a fire
station with a response time of 5 to 8 minutes to this area.
November 7,2012
Public Hearing Agenda Item 503
Page 17
NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES:
The change in designation from "Rural Residential" and"Conservation Overlay" to"Low
Density Residential" and"Conservation Overlay" will not result in any nuisance potential
for the surrounding properties because proposed uses are compatible with the "Low
Density Residential" future land use designation, and the subject property is surrounded
primarily by residential uses designed in low density land use patterns.
NATURAL RESOURCES COMPATIBILITY:
The subject property includes a conservation overlay on the southwestern portion of the
site. Because there is a conservation overlay on a portion of the property, an
environmental impact study has been submitted to determine exact boundaries of
conservation areas. This study will be part of the transmittal package to the Florida
Department of Economic Opportunity (DEO) and all associated review agencies.
SOILS
The parcel consists of Basinger, Samsula and Hontoon Soils, Depressional, and Basinger
and Delray fine sands. Basinger, Samsula and Hontoon Soils, Depressional soils are
nearly level, very poorly drained that are found in swamps and depressions. According to
the Environmental Impact Study that was submitted: "the surface layer of Basinger soil
consists of very dark gray mucky fine sand about six (6) inches thick. Samsula surface
layer is muck that is about 30-inches thick. The surface layer of Hontoon soil consists of
dark reddish brown much about 18-inches thick. During most years, the undrained areas
of the soils in this map unit are ponded for 6 to 9 months or more. The permeability of
this soil unit is rapid."
"Basinger and Delray sands are nearly level, poorly drained soils found in sloughs and
poorly defined drainageways. The surface layer of Basinger soil consists of very dark gray
fine sand about five (5) inches thick. The surface of Delray soil consists of black fine
sand about 12-inches thick. During most years the seasonal high table for this soil type is
within 12-inches of the surface for 6 months or more. The permeability of Basinger soil is
rapid. The permeability of Delray soil is rapid in the upper part and moderate in the lower
part.
FLOOD PRONE AREAS
According to the Seminole County Property Appraiser's records, the property is within
flood zone "X". Based on this, no areas of the property appear to be flood prone. It has
been observed in the past that areas of the subject property are prone to ponding and
therefore the southwestern portion of the property is shown on the Conceptual Plan that
was presented by the applicant as a conservation area.
HISTORIC RESOURCES
No known historical resources are known to be located on the subject property.
November 7,2012
Public Hearing Agenda Item 503
Page 18
WILDLIFE
The conservation overlay area noted on the City's future land use map indicates the site
may potentially contain protected wildlife habitat areas, in addition to hydric
soils/wetlands and special vegetative communities. The environmental report that was
submitted with the future land use amendment application indicates the existence of
gopher tortoises on the property and the existence of four (4) bald eagle nests within one
(1) mile of the subject property,well outside the required 660-foot no development buffer
that is required around bald eagle nests. The Environmental Impact Study states the
gopher tortoises will be re-located off-site to a Florida Fish and Wildlife Conservation
Commission (FFWCC) approved recipient site.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
Future Land Use Element
The Conceptual Plan that was presented by the applicant as a point of discussion proposes
a density of 2.14 dwelling units per acre on the subject property. Per the Comprehensive
Plan, the Low Density Residential future land use category permits up to a maximum of
3.5 dwelling units per acre. This residential category is characterized by detached single-
family homes on one-quarter acre lots. This land use category is intended to be applied as
a transitional land use where higher density residential land uses would conflict with
existing adjacent neighborhoods. The surrounding area is generally characterized by low
density residential uses. The single-family development to the west known as Barrington
Estates was constructed at a density of 1.88 dwelling units per acre. The proposed future
land use amendment is consistent with the Comprehensive Plan.
The Conservation Overlay is not intended to prevent development, but rather identify
sensitive areas that need to be reviewed carefully during the review process to determine
whether development should be permitted or if some form of mitigation may be
necessary. There will be no future land use change to the portion of the property that has
this designation. Therefore, the proposed future land use amendment is consistent with
the Comprehensive Plan.
The proposed future land use amendment is consistent with the following policies from
the Future Land Use Element of the Comprehensive Plan:
1. Policy 1.1.8 — requires an Environmental Impact Study to be submitted which
identifies the extent of all conservation areas and protected species on-site, and
the impacts of development when a portion of a site is illustrated in the
Comprehensive Plan as having a Conservation Overlay. The applicant submitted
and Environmental Impact Assessment with the application. Additionally, results
of the Environmental Impact Study will be further analyzed by staff during the
development review process.
November 7,2012
Public Hearing Agenda Item 503
Page 19
2. Policy 1.12.11 - requires areas determined to need protection through the
Environmental Impact Study process to be placed into a permanent conservation
easement prior to final development order approval.
3. Policy 1.3.1 - requires all development proposals to determine their specific
impacts on current Level of Service (LOS) and mobility standards.
4. 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.
5. Policy 1.6.4 - Encourages land uses that generate high traffic counts to locate
adjacent to arterial roads and mass transit systems.
6. Policy 1.7.1 - requires the City to consider existing and proposed land uses in
adjacent jurisdictions when reviewing proposed land use amendments.
Transportation Element
The proposed future land use amendment is consistent with the following policies from
the Transportation Element of the Comprehensive Plan:
1. 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.
Conservation Element
The proposed future land use amendment is consistent with the following policies from
the Conservation Element of the Comprehensive Plan:
1. Policy 1.4.1 —requires the protection of the natural functions of wetlands through
the Conservation Overlay on the Future Land Use Map and the Conservation land
use category, as defined in the Future Land Use Element.
2. Policy 1.4.6 — requires the incorporation of existing isolated wetlands into
development projects as appropriate, provided the wetlands remain undisturbed
and their natural functions are not impaired.
November 7,2012
Public Hearing Agenda Item 503
Page 110
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 II, of the Florida
Statutes.
FISCAL IMPACT:
The proposed Large-Scale future land use amendment which re-designates the property
from "Rural Residential" and "Conservation Overlay" to "Low Density Residential" and
"Conservation Overlay" allows the subject property to be developed into a single-family
residential subdivision. Development of the subject property is anticipated to provide an
increase to the City's taxable value.
COMMUNICATION EFFORTS:
The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning
Board members and are available on the City's Website, LaserFiche, and the City's Server.
The Agenda has been forwarded to the Mayor and City Commission; City Manager; and City
Attorney/Staff. Additionally, the Meeting Agenda has been sent to media/press
representatives, all Homeowner's Associations on file with the City, all individuals who have
requested Agenda information, Department Directors; and also posted outside City Hall;
posted inside City Hall with additional copies available for the general public.
Additionally, the applicant has met with the Barrington Estates homeowners association and
the president of the Black Hammock Association.
STAFF RECOMMENDATION:
Staff recommends that the Local Planning Agency hold a Public Hearing and recommend
Approval to the City Commission for First Reading/Transmittal Hearing of Ordinance
2012-21, a Large-Scale Future Land Use Map Amendment, Expedited State Review (13-1
ESR), which proposes to change the Future Land Use Map designation from "Rural
Residential" and"Conservation Overlay"to "Low Density Residential" and"Conservation
Overlay" for approximately 19.1 acres, located on the north side of State Road 434, west
of the intersection of DeLeon Street and Cress Run.
November 7,2012
Public Hearing Agenda Item 503
Page 111
ATTACHMENTS:
A. Ordinance 2012-21
B. Traffic Study
C. Environmental Assessment
D. Conceptual Plan
E. Advertisement, Orlando Sentinel—October 28, 2012
Attachment "A"
ORDINANCE NO. 2012-21
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 GENERALLY DESCRIBED AS ONE (1)
PARCEL OF LAND, CONTAINING 19.1 ACRES, MORE OR
LESS, AND LOCATED GENERALLY NORTH OF STATE
ROAD 434 AND WEST OF DELEON STREET, MORE
PARTICULARLY DEPICTED IN EXHIBIT"A,"ATTACHED
HERETO, FROM "RURAL RESIDENTIAL" AND
"CONSERVATION OVERLAY" TO "LOW DENSITY
RESIDENTIAL" AND "CONSERVATION OVERLAY";
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,sections 163.3161 et.seq.,Florida Statutes,establish the Community Planning
Act; and
WHEREAS,sections 163.3184 and 163.3187,Florida Statutes,establish the process for the
amendment of comprehensive plans,pursuant to which the City of Winter Springs has established
procedures for amending the City of Winter Springs Comprehensive Plan; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing on November 7,2012 in accordance with the procedures established in Chapter 163,
Part II, Florida Statutes, on the proposed comprehensive plan amendment; and
WHEREAS,the City Commission of the City of Winter Springs held a duly noticed public
hearing on the proposed amendment 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 approves and adopts the Comprehensive Plan
Amendment set forth hereunder; and
WHEREAS, the City Commission of the City of Winter Springs hereby finds that this
Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
City of Winter Springs
Ordinance No.2012-21
Page 1 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, formerly known as the Local Government Comprehensive Planning
and Land Development Regulations Act.
Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this
Ordinance to clarify,expand,correct,update,modify and otherwise further the provisions 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"Rural Residential"to"Low Density Residential." 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,or parts of prior 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 8. Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendment adopted by this Ordinance,said Amendment 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.
Section 9. Effective Date and Legal Status of the Plan Amendment. The effective
date of the comprehensive plan amendment shall not become effective until 31 days after the state
land planning agency notifies the City that the plan amendment package transmitted by the City is
complete, except, however, if the plan amendment is timely challenged, this Ordinance shall not
become effective until the date a final order is issued by the state land planning agency, or the date
that the Administration Commission enters a final order determining the adopted plan amendment
is in compliance. No development orders, development permits, or land use dependent on this
amendment may be issued or commenced before it has become effective. After and from the
City of Winter Springs
Ordinance No.2012-21
Page 2 of 3
effective date of this 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 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 , 2012.
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.2012-21
Page 3 of 3
Exhibit "A"
Legal Description:
The West 1/2 of the SW 1/4 of the NW 1/4 of Section 3, Township 21 South, Range 31 East,
lying and situate in Seminole County, Florida.
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Attachment "B"
D
TRIP GENERATION ANALYSIS FOR COMPREHENSIVE PLAN AMENDMENT
Winter Springs Parcels @ SR 434 and DeLeon Street
Introduction
This trip generation analysis was conducted for use in conjunction with an application for
comprehensive plan amendment for a property in Winter Springs, Florida. The property
consists of 28.88 acres in three parcels as follows:
• Toledo Parcel - 8.29 acres
Tax Parcel Number: 25-20-31-5BA-0000-0190
• Weaver Parcel - 19.10 acres
Tax Parcel Number: 03-21-31-300-0090-0000
• Florida Avenue R/W - 1.49 acres
50-foot Right-of-Way located between Toledo and Weaver Parcels
Figure 1 depicts the location of these parcels north of SR 434 to the west of DeLeon Street in
Winter Springs, Florida. The Toledo Parcel has a current future land use designation of
commercial (4.90 acres) and conservation (3.39 acres). The Weaver Parcel has a current
future land use designation of rural residential. The Florida Avenue Right-of-Way, now vacant,
will be vacated so that it can be developed in conjunction with the Toledo and Weaver Parcels.
American Land Investments of Central Florida, LLC, the Applicant, is proposing to change the
future land use designation (or classification) of these parcels to low density residential.
TPD No. 4407
October 3, 2012
Traffic Planning and Design, Inc.
535 Versailles Drive,Maitland, Florida 32751 •Phone(407)628-9955•Fax(407)628-8850•www.tpdtraffic.com
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Figure 1 NT5
Land Use Intensity Analysis
Under the current land use classification, the parcels under consideration have the following
maximum allowable uses:
• Toledo parcel — Its Commercial land use allows development up to an FAR of 0.50. This
would result in 106,722 square feet of retail commercial development (4.90 acres x
43,560 SF x 0.5 = 106,722 SF). Its conservation land use will not be developed.
• Weaver Parcel — Its Rural Residential classification allows development up to 1 DU/
gross acre. This would result in 19 residential units (19.10 x 1 DU/acre)
• Florida Avenue Right-of-Way— Reserved for road construction, no development.
Under the proposed future land use classification, the entire property of 28.88 acres will be Low
Density Residential with up to 3.5 DU/gross acre. This would result in the construction of 101
residential units (28.88 x 3.5 DU/acre = 101.08).
Trip Generation Analysis
The trip generation of the uses identified in the current and proposed future land use
classifications was calculated with the use of trip generation data from the ITE Trip Generation
Report' and ITE Trip Generation Handbook2. This calculation is summarized in Table 1 and trip
generation worksheets included in the Appendix.
TABLE 1
Trip Generation Summary, Comprehensive Plan Amendment
ITE Trip Generation Rate % New Trip Generation
Land Use Code Size Daily PM Pk Hr Trips Daily PM Pk Hr
Current FLUM
Toledo Parcel-Commercial 820 106.722 KSF 66.38 6.23 66% 4,675 439
Weaver Parcel—Residential 210 19 DU 11.88 1.24 100% 226 24
Subtotal 4,901 463
Proposed FLUM
All Parcels-Residential 210 101 DU 10.39 1.05 100% 1,049 106
Difference in New Net Trips -3,852 -357
KSF=Thousand Square Feet, DU—Dwelling Unit
i Institute of Transportation Engineers, Trip Generation Report, 8"'Edition,2008
2 Institute of Transportation Engineers, Trip Generation Handbook,2nd Edition,2004,
As shown in the table, the most intense development under the current future land use
designation has a much higher trip generation than the most intense development under the
proposed future land use designation. The proposed amendment to the future land use
classification would result in a decrease of 3,852 new daily trips and 357 new P.M. peak hour
trips under the most intense development scenarios.
Conclusions
The Applicant is proposing to amend the future land use of 28.88 acres in the City of Winter
Springs from commercial and conservation, rural residential, and road right-of-way to Low
Density Residential (LDR). As documented herein the proposed future land use amendment
would result in a net decrease of 3,852 new daily trips and 357 new P.M. peak hour trips. This
would result in reduced traffic impacts in the area especially for the area's major roadway, SR
434 which is a two-lane principal arterial in this area. The Orlando Area Transportation Study
(OUATS) Cost Feasible Plan includes this roadway segment as a four-lane divided facility.
APPENDIX
Trip Generation Worksheets
Summary of Trip Generation Calculation
For 106.722 Th.Sq.Ft. GLA of Shopping Center
October 03, 2012
Average Standard Adjustment Driveway
Rate Deviation Factor Volume
Avg. Weekday 2-Way Volume 66.38 0.00 1.00 7084
7-9 AM Peak Hour Enter 0. 91 0.00 1.00 98
7-9 AM Peak Hour Exit 0.58 0.00 1.00 62
7-9 AM Peak Hour Total 1.50 0.00 1.00 160
4-6 PM Peak Hour Enter 3.05 0.00 1.00 326
4-6 PM Peak Hour Exit 3.18 0.00 1.00 339
4-6 PM Peak Hour Total 6.23 0.00 1.00 665
Saturday 2-Way Volume 90.20 0.00 1.00 9626
Saturday Peak Hour Enter 4.36 0.00 1.00 465
Saturday Peak Hour Exit 4.02 0.00 1.00 429
Saturday Peak Hour Total 8.38 0.00 1.00 894
Note: A zero indicates no data available.
The above rates were calculated from these equations:
24-Hr. 2-Way Volume: LN(T) = . 65LN(X) + 5.83, R^2 = 0.78
7-9 AM Peak Hr. Total: LN(T) = .59LN(X) + 2.32
R^2 = 0.52 , 0. 61 Enter, 0.39 Exit
4-6 PM Peak Hr. Total: LN(T) = . 67LN(X) + 3.37
R^2 = 0.81 , 0.49 Enter, 0.51 Exit
AM Gen Pk Hr. Total: 0
R^2 = 0 , 0 Enter, 0 Exit
PM Gen Pk Hr. Total: 0
R^2 = 0 , 0 Enter, 0 Exit
Sat. 2-Way Volume: LN(T) = . 63LN(X) + 6.23, R^2 = 0.82
Sat. Pk Hr. Total: LN(T) = . 65LN(X) + 3.76
R^2 = 0.83 , 0.52 Enter, 0.48 Exit
Sun. 2-Way Volume: T = 15. 63(X) + 4214.46, R^2 = 0.52
Sun. Pk Hr. Total: 0
R^2 = 0 , 0 Enter, 0 Exit
Source: Institute of Transportation Engineers
Trip Generation, 8th Edition, 2008.
TRIP GENERATION BY MICROTRANS
Summary of Trip Generation Calculation
For 106.722 Th.Sq.Ft. GLA of Shopping Center
October 03, 2012
Average Standard Adjustment Driveway
Rate Deviation Factor Volume
Avg. Weekday 2-Way Volume 66.38 0.00 1.00 7084
7-9 AM Peak Hour Enter 0. 91 0.00 1.00 98
7-9 AM Peak Hour Exit 0.58 0.00 1.00 62
7-9 AM Peak Hour Total 1.50 0.00 1.00 160
4-6 PM Peak Hour Enter 3.05 0.00 1.00 326
4-6 PM Peak Hour Exit 3.18 0.00 1.00 339
4-6 PM Peak Hour Total 6.23 0.00 1.00 665
Saturday 2-Way Volume 90.20 0.00 1.00 9626
Saturday Peak Hour Enter 4.36 0.00 1.00 465
Saturday Peak Hour Exit 4.02 0.00 1.00 429
Saturday Peak Hour Total 8.38 0.00 1.00 894
Note: A zero indicates no data available.
The above rates were calculated from these equations:
24-Hr. 2-Way Volume: LN(T) = . 65LN(X) + 5.83, R^2 = 0.78
7-9 AM Peak Hr. Total: LN(T) = .59LN(X) + 2.32
R^2 = 0.52 , 0. 61 Enter, 0.39 Exit
4-6 PM Peak Hr. Total: LN(T) = . 67LN(X) + 3.37
R^2 = 0.81 , 0.49 Enter, 0.51 Exit
AM Gen Pk Hr. Total: 0
R^2 = 0 , 0 Enter, 0 Exit
PM Gen Pk Hr. Total: 0
R^2 = 0 , 0 Enter, 0 Exit
Sat. 2-Way Volume: LN(T) = . 63LN(X) + 6.23, R^2 = 0.82
Sat. Pk Hr. Total: LN(T) = . 65LN(X) + 3.76
R^2 = 0.83 , 0.52 Enter, 0.48 Exit
Sun. 2-Way Volume: T = 15. 63(X) + 4214.46, R^2 = 0.52
Sun. Pk Hr. Total: 0
R^2 = 0 , 0 Enter, 0 Exit
Source: Institute of Transportation Engineers
Trip Generation, 8th Edition, 2008.
TRIP GENERATION BY MICROTRANS
Summary of Trip Generation Calculation
For 19 Dwelling Units of Single Family Detached Housing
October 03, 2012
Average Standard Adjustment Driveway
Rate Deviation Factor Volume
Avg. Weekday 2-Way Volume 11.88 0.00 1.00 226
7-9 AM Peak Hour Enter 0.30 0.00 1.00 6
7-9 AM Peak Hour Exit 0. 91 0.00 1.00 17
7-9 AM Peak Hour Total 1.21 0.00 1.00 23
4-6 PM Peak Hour Enter 0.78 0.00 1.00 15
4-6 PM Peak Hour Exit 0.46 0.00 1.00 9
4-6 PM Peak Hour Total 1.24 0.00 1.00 24
Saturday 2-Way Volume 11.50 0.00 1.00 219
Saturday Peak Hour Enter 0.74 0.00 1.00 14
Saturday Peak Hour Exit 0. 65 0.00 1.00 12
Saturday Peak Hour Total 1.39 0.00 1.00 26
Note: A zero indicates no data available.
The above rates were calculated from these equations:
24-Hr. 2-Way Volume: LN(T) = . 92LN(X) + 2.71, R^2 = 0. 96
7-9 AM Peak Hr. Total: T = .7 (X) + 9.74
R^2 = 0.89 , 0.25 Enter, 0.75 Exit
4-6 PM Peak Hr. Total: LN(T) = . 9LN(X) + .51
R^2 = 0. 91 , 0. 63 Enter, 0.37 Exit
AM Gen Pk Hr. Total: T = .7 (X) + 12.37
R^2 = 0.89 , 0.26 Enter, 0.74 Exit
PM Gen Pk Hr. Total: LN(T) = .88LN(X) + . 62
R^2 = 0. 91 , 0. 64 Enter, 0.36 Exit
Sat. 2-Way Volume: LN(T) = . 95LN(X) + 2.59, R^2 = 0. 92
Sat. Pk Hr. Total: T = .89(X) + 9.56
R^2 = 0. 91 , 0.53 Enter, 0.47 Exit
Sun. 2-Way Volume: T = 8.84 (X) + -13.31, R^2 = 0. 94
Sun. Pk Hr. Total: LN(T) = . 91LN(X) + .35
R^2 = 0.87 , 0.53 Enter, 0.47 Exit
Source: Institute of Transportation Engineers
Trip Generation, 8th Edition, 2008.
TRIP GENERATION BY MICROTRANS
Summary of Trip Generation Calculation
For 101 Dwelling Units of Single Family Detached Housing
October 03, 2012
Average Standard Adjustment Driveway
Rate Deviation Factor Volume
Avg. Weekday 2-Way Volume 10.39 0.00 1.00 1049
7-9 AM Peak Hour Enter 0.20 0.00 1.00 20
7-9 AM Peak Hour Exit 0. 60 0.00 1.00 60
7-9 AM Peak Hour Total 0.80 0.00 1.00 80
4-6 PM Peak Hour Enter 0. 66 0.00 1.00 67
4-6 PM Peak Hour Exit 0.39 0.00 1.00 39
4-6 PM Peak Hour Total 1.05 0.00 1.00 106
Saturday 2-Way Volume 10.58 0.00 1.00 1069
Saturday Peak Hour Enter 0.52 0.00 1.00 53
Saturday Peak Hour Exit 0.46 0.00 1.00 47
Saturday Peak Hour Total 0. 98 0.00 1.00 99
Note: A zero indicates no data available.
The above rates were calculated from these equations:
24-Hr. 2-Way Volume: LN(T) = . 92LN(X) + 2.71, R^2 = 0. 96
7-9 AM Peak Hr. Total: T = .7 (X) + 9.74
R^2 = 0.89 , 0.25 Enter, 0.75 Exit
4-6 PM Peak Hr. Total: LN(T) = . 9LN(X) + .51
R^2 = 0. 91 , 0. 63 Enter, 0.37 Exit
AM Gen Pk Hr. Total: T = .7 (X) + 12.37
R^2 = 0.89 , 0.26 Enter, 0.74 Exit
PM Gen Pk Hr. Total: LN(T) = .88LN(X) + . 62
R^2 = 0. 91 , 0. 64 Enter, 0.36 Exit
Sat. 2-Way Volume: LN(T) = . 95LN(X) + 2.59, R^2 = 0. 92
Sat. Pk Hr. Total: T = .89(X) + 9.56
R^2 = 0. 91 , 0.53 Enter, 0.47 Exit
Sun. 2-Way Volume: T = 8.84 (X) + -13.31, R^2 = 0. 94
Sun. Pk Hr. Total: LN(T) = . 91LN(X) + .35
R^2 = 0.87 , 0.53 Enter, 0.47 Exit
Source: Institute of Transportation Engineers
Trip Generation, 8th Edition, 2008.
TRIP GENERATION BY MICROTRANS
I
1( Attachment "C"
Boo-Tech Consulting Inc. info @btc-inc.com
www.btc-inc.com
Environmental and Permitting Services
July 11, 2012
Robert Zlatkiss
Lexfor Capital
3911 Orange Lake Drive
Orlando, Florida 32817
Proj: SR 434 & Deleon Street Project Site; Seminole County,Florida
Section 03, Township 21 South,Range 31 East
(BTC File #672-01.05)
Re: Preliminary Environmental Assessment
Dear Mr. Zlatkiss:
During May and June of 2012, Bio-Tech Consulting, Inc. (BTC) conducted a
Orlando Office
2002E Robinson St preliminary environmental assessment of the SR 434 & Deleon Street Project
Orlando FL 32803 Site. This approximately 53.46-acre site fronts on both the north and south
Vero Beach Office sides of SR 434 and the west side of Deleon Street; approximately three-
1111 Indian River Blvd quarters of a mile west of the Eastern Beltway (SR 417); within Section 03,
Suite 201
Vero Beach FL 32960 Township 21 South, Range 31 East; Seminole County, Florida (Figures 1, 2
& 3). This preliminary environmental assessment included the following
Jacksonville Office
2036 Forbes St elements:
Jacksonville FL 32204
Tampa Office 0 • review of soil types mapped within the site boundaries;
333 Falkenburg Rd N • evaluation of land use types/vegetative communities present;
Suite A • wildlife surve and
Tampa FL 33619 Y> >
• field review for occurrence of protected species of flora and fauna.
Key West Office
1101 Key Plaza
Suite 259 SOILS
Key West FL 33040
Aquatic&Land According to the Soil Survey of Seminole County, Florida, prepared by the
Management operations
3825 Rouse Rd U.S. Department of Agriculture (USDA), Natural Resources Conservation
Orlando FL 32811 Service (NRCS), five (5) soil types occur within the subject property
Native Plant Nursery boundaries (Figure 4). These soils include the following:
BCC Farms
8580 Bunkhouse Rd
Orlando FL 32832
401.894.5969
811.894.5969
401.894.5910 fax Key West Vero Beach Orlando Jacksonville Tampa
Robert Zlatkiss;Lexfor Capital
SR 434&Deleon Street Project Site-Seminole County,Florida(BTC File#672-01.05)
Preliminary Environmental Assessment
Page 2 of 9
• Basinger and Delray fine sands (#9)
• Basinger, Samsula, and Hontoon soils, depressional (#10)
• Basinger and Smyrna fine sands, depressional (#11)
• Canova and Terra Ceia mucks (#12)
• Myakka and EauGallie fine sands (#20)
The following presents a brief description of the soil types mapped for the subject property:
Basinger and Delray fine sands (#9) are nearly level, poorly drained soils and very poorly
drained soils found in sloughs and poorly defined drainageways. Typically the surface layer of
Basinger soil consists of very dark gray fine sand about 5 inches thick. Typically the surface
layer of Delray soil consists of black fine sand about 12 inches thick. During most years the
seasonal high table for this soil type is within 12 inches of the surface for 6 months or more. The
permeability of Basinger soil is rapid. The permeability of Delray soil is rapid in the upper part
and moderate in the lower part.
Basinger, Samsula and Hontoon soils, depressional (#10) are nearly level, very poorly drained
soils found in swamps and depressions. Typically the surface layer of Basinger soil consists of
very dark gray mucky fine sand about 6 inches thick. Typically the surface layer of Samsula soil
is muck about 30 inches thick. Typically the surface layer of Hontoon soil consists of dark
reddish brown muck about 18 inches thick. During most years, the undrained areas of the soils
in this map unit are ponded for 6 to 9 months or more. The permeability of this soil unit is rapid.
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.
Canova and Terra Ceia mucks (#12) are nearly level and very poorly drained soils found in
depressions and freshwater marshes. Typically, Canova soil has a surface layer of black muck
about 10 inches thick. Typically, Terra Ceia soil has a surface layer of black muck about 7
inches thick. In most years, undrained areas of the soils in this map unit are ponded for 6 to 9
months or more. The permeability is rapid in the upper part of Canova soil and is moderate or
moderately rapid in the lower part. The permeability of Terra Ceia soil is rapid, but internal
drainage is impeded by the shallow water table.
Bio-Tech Consulting Inc.
Environmental and Permitting Services
Robert Zlatkiss;Lexfor Capital
SR 434&Deleon Street Project Site-Seminole County,Florida(BTC File#672-01.05)
Preliminary Environmental Assessment
Page 3 of 9
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 1 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.
The Florida Association of Environmental Soil Scientists (FAESS) considers Basinger and
Delray fine sands (#9), Basinger, Samsula, and Hontoon soils, depressional (#10), Basinger and
Smyrna fine sands, depressional (#11), and Canova and Terra Ceia mucks (#12) as hydric soil
types. Furthermore, the FAESS considers inclusions present in Myakka and Eaugallie fine sands
(#20) as hydric. This information can be found in the Hydric Soils of Florida Handbook, Third
Edition (March, 2000). It should be stated, however, that evidence of these soils were not
observed across the majority of the site.
LAND USE TYPES/VEGETATIVE COMMUNITIES
The SR 434 & Deleon Street Project Site currently supports seven (7) 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 Residential, Low Density (111),
Tree Nursery (241), and Temperate Hardwood (425), Disturbed Lands (740), and
Communication Facilities (822). The wetland/surface water types consist of Streams &
Waterways (510) and Wetland Forested Mixed (630). The following provides a brief description
of the land use types/vegetative communities identified on the site:
Uplands:
111 Residential,Low Density
Two (2) portions of the subject property's upland community may best be classified as
Residential, Low Density (111), per the FLUCFCS. The larger of these communities is located
within that portion of the property south of SR 434 and the second, smaller community is located
along the property's eastern boundary, off of Deleon Street. Both of these areas contain
residential dwellings and assorted secondary buildings, sheds, pole barns, etc. Vegetation
observed within the residential lots includes species such as live oak(Quercus virginiana), laurel
oak (Quercus laurifolia), southern magnolia (Magnolia grandiflora), and cabbage palm (Sabal
Bio-Tech Consulting Inc.
Environmental and Permitting Services
Robert Zlatkiss;Lexfor Capital
SR 434&Deleon Street Project Site-Seminole County,Florida(BTC File#672-01.05)
Preliminary Environmental Assessment
Page 4 of 9
palmetto) throughout the canopy and sub-canopy; with understory species consisting of
bahiagrass (Paspalum notatum), saw palmetto (Serenoa repens), and numerous ornamental
species.
241 Tree Nursery
Within the northern portion of the overall property exists a community that may best be
classified as Tree Nursery (241), per the FLUCFCS. More specifically, this nursery contains a
variety of in-ground palms such as Washingtonia palm (Washingtonia robusta) and queen palm
(Syagrus romanzofftana); with species such as ragweed (Ambrosia artemisifolia), dogfennel
(Eupatorium capillifolium), bahiagrass (Paspalum notatum), caesarweed (Urena lobata),
blackberry (Rubus spp), Spanish needles (Bidens alba), Cuban jute (Sida rhombefolia), and
Cupid's shaving brush (Emilia sonchifolia) existing between the rows of planted palms.
425 Temperate Hardwood
The largest and most expansive of the subject property's upland communities may best be
classified as Temperate Hardwood (425), per the FLUCFCS. This community is located along
the eastern and western boundaries of that portion of land located south of SR 434 and also
within the southeastern and west-central portions of the property located to the north of SR 434.
Dominant vegetative species consist of live oak (Quercus virginiana), laurel oak (Quercus
laurifolia), southern magnolia (Magnolia grandiflora), pignut hickory (Carya glabra), cabbage
palm (Sabal palmetto), camphor (Camphora cinnamomum), hackberry (Celtis occidentalis),
sweetgum (Liquidambar styraciflua), American elm (Ulmus Americana), Chinaberry (Melia
azedarach) and scattered citrus (Citrus spp); with an understory of dwarf palmetto (Sabal
minor), saw palmetto (Serenoa repens), beautyberry (Callicarpa Americana), muscadine vine
(Vitis rotundifolia), greenbriar (Smilax spp), blackberry (Rubus spp), swordfern (Polystichum
munitum), bracken fern (Pteridium aquilinum), and poison-ivy (Toxicodendron radicans).
Within the southwestern portion of this community, a large amount of switch cane (Arundinaria
gigantean) exists throughout the understory. It should also be noted that within the southeastern
portion of the property, north of SR 434 and west of Deleon Street, the majority of the
groundcover has been cleared. Within this portion of the property a large amount of Guinea grass
(Panicum maximum) exists.
740 Disturbed Lands
A small portion of the subject property's upland communities may best be classified as
Disturbed Lands (740), per the FLUCFCS. This community is located within the southwest
corner of that portion of land located north of SR 434 and has been historically cleared.
Vegetative species observed consist of a scattered canopy of cabbage palm (Sabal palmetto),
Chinaberry (Melia azedarach), and laurel oak (Quercus laurifolia); with a groundcover of
Bio-Tech Consulting Inc.
Environmental and Permitting Services
Robert Zlatkiss;Lexfor Capital
SR 434&Deleon Street Project Site-Seminole County,Florida(BTC File#672-01.05)
Preliminary Environmental Assessment
Page 5 of 9
Guinea grass (Panicum maximum), lantana (Lantana camarera), cogongrass (Imperata
cylindrica), dogfennel (Eupatorium capillifolium), ragweed (Ambrosia artemisifolia), Cuban jute
(Sida rhombifolia), blackberry (Rubus spp), Spanish needles (Bidens alba), and caesarweed
(Urena lobata).
822 Communication Facilities
The final of the subject property's upland communities may best be classified as Communication
Facilities (822), per the FLUCFCS. This community is directly associated with a cell phone
tower that is located centrally along the subject property's western boundary.
Wetlands/Surface Waters:
510 Streams & Waterways
A number of ditch systems extend through the subject property that may best be classified as
Streams & Waterways (510), per the FLUCFCS. Although most of the ditch systems associated
with the property are considered argicultural ditches located within the Tree Nursery (241), there
is a large ditch system that runs north-to-south through the entire propety. This ditch system
bisects the property's large, forested wetland within its western portion and extends north into
the nursery, eventually outfalling into District lands. Additionally, a number of upland cut ditch
systems extend through the eastern portion of the property and convey surface water to the
roadside ditch along Deloen Street. Lastly, one upland cut ditch exists within the southern
portion of the property that is associated with the old SR 434 right-of-way. This ditch, identified
as Surface Water 2 (SW-2), is now isolated and no longer conveys drainage off-site. All ditches
are to be located via survey and depicted as top-of-bank.
630 Wetland Forested Mixed
All of the subject property's wetland communities may best be classified as Wetland Forested
Mixed(630),per the FLUCFCS. A total of four(4) wetland systems exist within the limits of the
overall property. Vegetation observed within these systems consists of laurel oak (Quercus
laurifolia), cabbage palm (Sabal palmetto), bald cypress (Taxodium distichum), red maple (Ater
rubrum), loblolly bay (Gordonia lasianthus), hackberry (Celtis occidentalis), American elm
(Ulmus americana), sweetgum (Liquidambar styraciflua), and water oak (Quercus nigra)
throughout the canopy; with understory species such as elderberry (Sambucus cannadensis),
swamp fern (Blechnum serrulatum), cinnamon fern (Osmunda cinnamomea), southern shield
fern (Thelpteris kunthii), blackberry (Rubus spp), wild taro (Colocasia esculenta), poison-ivy
(Toxicodendron radicans), air potato (Dioscorea bulbifera), and creeping oxeye (Wedelia
trilobata).
Bio-Tech Consulting Inc.
Environmental and Permitting Services
Robert Zlatkiss;Lexfor Capital
SR 434&Deleon Street Project Site-Seminole County,Florida(BTC File#672-01.05)
Preliminary Environmental Assessment
Page 6 of 9
All wetlands within the limits of the subject property have been field delineated using pink"Bio-
Tech Consulting" flagging tape.
Additionally, it should be stated that an informal jurisdictional review was conducted by St.
Johns River Water Management District (SJRWMD) staff on July 2, 2012. After a few
modifications/adjustments, the limits of the wetlands as delineated by BTC were approved.
PROTECTED SPECIES
Utilizing methodologies outlined in the Florida Fish and Wildlife Conservation Commission's
(FFWCC) 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) was
identified on the site during the assessment conducted. However, one (1) species was identified
that is listed as "commercially exploited" by the Florida Department of Agriculture and
Consumer Services (FDACS). The harvesting of this species, cinnamon fern (Osumunda
cinnamomea) for commercial gain is not allowed. However, the listing of this species poses no
restrictions towards the development of the subject property. The following is a list of those
wildlife species identified during the evaluation of the property:
Reptiles and Amphibians
black racer (Coluber constrictor)
brown anole (Anolis sagrei)
fence lizard (Sceloporus undulatus)
gopher tortoise (Gopherus polyphemus)
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)
Bio-Tech Consulting Inc.
Environmental and Permitting Services
Robert Zlatkiss;Lexfor Capital
SR 434&Deleon Street Project Site-Seminole County,Florida(BTC File#672-01.05)
Preliminary Environmental Assessment
Page 7 of 9
Northern Mockingbird (Mimus polyglottos)
Mammals
eastern gray squirrel (Sciurus carolinensis)
nine-banded armadillo (Dasypus novemcinctus)
raccoon (Procyon lotor)
marsh rabbit(Sylvilagus palustris)
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 (Gopherus polyphemus)
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 Seminole
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 (Podomys floridanus) and the gopher frog (Rana capito). However, none of these species
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 (Figure 6). The survey covered approximately 100% of the suitable habitat
present within the subject property boundaries. Four (4) active/inactive gopher tortoise burrows
were observed and recorded using GPS technology. Based on four (4) potentially occupied
burrows, it is estimated that approximately three (3)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 three (3) 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)
Bio-Tech Consulting Inc.
Environmental and Permitting Services
Robert Zlatkiss;Lexfor Capital
SR 434&Deleon Street Project Site-Seminole County,Florida(BTC File#672-01.05)
Preliminary Environmental Assessment
Page 8 of 9
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
four (4) gopher tortoise burrows, the estimated cost of off-site relocation is approximately
$6,325.00 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. The fee for 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 $200.00, paid to FFWCC prior to obtaining any permit (i.e., off-site relocation
permits). This FFWCC mitigation fee requirement began after April 2009.
Bald Eagle (Haliaeetus leucocephalus)
USFWS Listed as "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 four (4) Bald Eagle nests, through the 2011-2012 nesting season,
within one (1.0) mile of the subject site. These nests, Nest SE-004, Nest SE-018, Nest SE-031,
and Nest SE-045, 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.
Wood Stork(Mycteria Americana)
FFWCC& USFWS Listed as "Endangered"
It should also be noted that, as indicated on the attached exhibit (Figure 6), the subject parcel is
shown to be located within a Wood Stork Nesting Colony Core Foraging Area. The Wood stork
(Mycteria Americana) is listed as "Endangered" by both the FFWCC and the USFWS. Wood
storks are large, long-legged wading birds, about 45 inches tall, with a wingspan of 60 to 65
Bio-Tech Consulting Inc.
Environmental and Permitting Services
Robert Zlatkiss;Lexfor Capital
SR 434&Deleon Street Project Site-Seminole County,Florida(BTC File#672-01.05)
Preliminary Environmental Assessment
Page 9 of 9
inches. Their plumage is white except for black primaries and secondaries and a short black tail.
The head and neck are largely unfeathered and dark gray in color. The bill is black, thick at the
base, and slightly decurved. Wood storks are birds of freshwater and estuarine wetlands,
primarily nesting in cypress or mangrove swamps. They feed in freshwater marshes, narrow tidal
creeks, or flooded tidal pools as well as roadside ditches. Particularly attractive feeding sites are
depressions in marshes or swamps where fish become concentrated during periods of falling
water levels.
Based on our review of available databases, there is no record of a Wood Stork rookery on the
project site or within close proximity. Furthermore, as there is limited foraging habitat located
within or adjacent to the subject parcel, it is unlikely that any restrictions towards the
development of the property will be applied by either the FFWCC or the USFWS.
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 1 (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.
Regards,
Stephen Butler
Project Manager
John Miklos
President
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Table 1:
Potentially Occurring Listed Wildlife and Plant Species in
Seminole County, Florida
Scientific Name Common Name Federal State Occurrence
Status Status Status
_
FISH
Pteronotropis welaka I bluenose shiner I N I LS I C
AMPHIBIANS
Rana capito I gopher frog I N I LS I P
REPTILES
Alligator mississippiensis American alligator T(S/A) LS C
Drymarchon corais eastern indigo snake LT LT C
couperi
Gopherus polyphemus gopher tortoise N LS C
Pituophis melanoleucus Florida pine snake N LS C
mugitus
Stilosoma extenuatum short-tailed snake N LT P
BIRDS _ I I
Eudocimus albus white ibis N LS P
Falco sparverius paulus southeastern American N LT P
kestrel
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 peregrinus peregrine falcon LE LE P
Picoides borealis red-cockaded woodpecker LE LT C
Aphelocoma Florida scrub jay LT LT C
coerulescens
Grus canadensis Florida sandhill crane N LT C
pratensis
Pandion haliaetus os re 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 americanus Florida black bear C LT** C
floridanus
PLANTS
Dennstaedtia bipinnata hay scented fern N LE C
Lechea cernua nodding pinweed N LT C
Carex chapmanii Chapman's Sedge N LE C
Centrosema arenicola Sand Butterfly Pea N LE C
Cucurbita Okeechobee Gourd LE LE C
okeechobeensis
Ophioglossum palmatum Hand Fern N LE C
Illicium parviflorum star anise N LE C
Lechea cernua nodding pinweed N LT C
Salix floridana Florida willow 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
-- Attachment "D"
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