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HomeMy WebLinkAbout2012 12 10 Public Hearing 501- First Reading of Ordinance 2012-19, Toledo Property Small-Scale Future Land Use Map AmendmentCOMMISSION AGENDA ITEM 501 December 10, 2012 Regular Meeting Informational Consent Public Hearings X Regular KS RS City Manager Department REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a Public Hearing to consider first reading of Ordinance 2012 -19, a Small - Scale Future Land Use Map Amendment which proposes to change the Future Land Use Map designation for an 8.29 acre parcel, located on the north side of State Road 434, approximately 582 -feet west of the intersection of DeLeon Street and State Road 434 from "Commercial ", "Conservation" and "Conservation Overlay" to "Low Density Residential ", "Conservation" and "Conservation Overlay ". SYNOPSIS: The City of Winter Springs Community Development Department has received an application for a Small -Scale Future Land Use Map Amendment, which if approved, would change the Future Land Use Map designation for an approximate 8.29 acre parcel located on the north side of State Road 434, approximately 582 -feet west of the intersection of DeLeon Street and State Road 434 from "Commercial ", "Conservation" and "Conservation Overlay" to "Low Density Residential ", "Conservation" and "Conservation Overlay ". The applicant has indicated that this property will be utilized in 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: Public Hearings 501 PAGE 1 OF 10 - December 10, 2012 (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... (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, approximately 582 -feet west of the intersection of DeLeon Street and State Road 434 Site Information — The approximate 8.29 acre parcel currently has a "Commercial ", "Conservation ", 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 ", "Conservation ", and "Conservation Overlay" in order to develop a single - family residential subdivision on a portion of the property. PARCEL Property Address: No existing address Property Owner: Stanley & Judy Toledo Revocable Living Trust Applicant Address: 5535 Osprey Isle Lane, Orlando, FL 32819 Property Appraiser Parcel I.D.: 25- 20- 31 -5BA- 0000 -0190 Public Hearings 501 PAGE 2 OF 10 - December 10, 2012 Property Acreage: Property Legal Description: Existing Zoning: Current Future Land Use: Proposed Future Land Use: Approximately 8.29 acres LOT 19 (LESS RD) BLACK HAMMOCK PB 1 PG 31 INFO: 019A -RD CUTOUT FOR 95 City of Winter Springs C -1 (Neighborhood Commercial) Commercial, Conservation, Conservation Overlay Low Density Residential, Conservation, Conservation Overlay Existing Land Uses —The property is currently undeveloped. Per the Seminole County Property Appraiser GIS (Geographic Information Systems) database, there is a swath of isolated wetlands that runs across a majority of the width of the subject property. This portion of the property has a future land use designation of Conservation. Additionally, there is a Conservation Overlay over a major 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: Development Trends — This parcel along with the adjacent parcels to the east consist primarily of undeveloped lands characterized by wooded areas. The parcel to the north has a cellular tower and is also the site of a palm tree growing and harvesting operation. Public Hearings 501 PAGE 3 OF 10 - December 10, 2012 V:xisaing La U.Jses Zoning IV+°uttutiN't aaqu 11 se Subject Property Undeveloped City of Winter City of Winter Springs C -1 (Neighborhood Springs "Commercial ", "Consery ation" and "Conservation Commercial) Overlay" North Undeveloped with a palm tree City of Winter City of Winter Springs "Rural growing and harvesting operation, cellular tower Springs R -C1 (Single- family dwelling district) Residential" South Two (2) single - family residences with associated accessory buildings. Seminole County A -1 Seminole County "Low Density Residential" East Undeveloped City of Oviedo R -1 City of Oviedo LDR "Low (Single - family zoning district) Density Residential" West Single - family residential City of Winter City of Winter subdivision (Barrington Estates), commercial use consisting of a Springs C -1 (Neighborhood Springs "Commercial ", Low Density Residential" (Barrington daycare center Commercial), R -1A (One family dwelling district) Estates: density of 1.88 dwelling units per acre). Development Trends — This parcel along with the adjacent parcels to the east consist primarily of undeveloped lands characterized by wooded areas. The parcel to the north has a cellular tower and is also the site of a palm tree growing and harvesting operation. Public Hearings 501 PAGE 3 OF 10 - December 10, 2012 The parcels to the south, across the SR 434 right -of -way, consist of two single - family residences and associated accessory buildings on large lots. These parcels are located in Seminole County. The applicant has indicated these parcels will be annexed into the City of Oviedo and developed as part of the same project and with the same density as the subject parcel (7 lots proposed / 8.29 acres = 0.84 dwelling units per acre). The properties immediately to the west consist of a daycare center and a single - family residential subdivision known as Barrington Estates, which has approximately 110 lots. Both of these parcels are within the City of Winter Springs. Beyond the adjacent parcels, the surrounding area has trended toward low density single - family development. The subject property has a future land use designation of "Commercial ", "Conservation" and "Conservation Overlay ". Atypical of commercial properties, the subject property is not adjacent to any major intersections where major commercial development is typically found. Moreover, the property has a wide swath of wetlands across a portion of the property that has precluded any serious commercial development from being proposed on this property in the past. Proposed Future Land Use Classification — The proposed change in the future land use to "Low Density Residential" will permit up to a maximum of 3.5 units per gross acre on the developable portions of the property. The current designation of "Commercial" permits a maximum of 0.5 FAR (floor area ratio) on the developable portions of the property. Based on a conceptual plan that the applicant presented to staff as a point of discussion, only the eastern portion of the subject property will be utilized for a minimal number of residential lots. 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 two which are located in the City of Oviedo. The remainder of the subject property will be utilized for wetlands preservation. 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 designations 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: Justification for Future Land Use Designation - The requested future land use map designation is "Low Density Residential ", "Conservation" and "Conservation Overlay" from "Commercial ", "Conservation" and "Conservation Overlay ". The applicant has applied for the future land use amendment in order to develop a portion of the subject property as a single - family residential subdivision. The proposed use and density is compatible with the surrounding area, as it generally characterized by low density residential development patterns. Public Hearings 501 PAGE 4 OF 10 - December 10, 2012 Public Facilities: ROADS /TRAFFIC CIRCULATION: The portion of State Road 434 that the property has frontage along 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 that the subject property will only have several residential lots developed on the outer edge of it; no internal roads will be developed on the property. These lots will have frontage on a street which is proposed to be developed in the City of Oviedo and the City of Winter Springs which will service the entire development which the subject property is proposed to be part of. Availability of Access: The site could potentially be directly accessed from State Road 434. Conceptual plans provided by the applicant as a point of discussion with City Staff do not show this property having direct access to State Road 434, but 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 mentioned above, 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 "Commercial" future land use designation, the property could be developed with a maximum of 106,722 square feet of retail development. The proposed development proposal consists of 101 single - family residential units that will be developed on a portion of the subject property and several of the surrounding properties. 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. WASTEWATER 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. Public Hearings 501 PAGE 5 OF 10 - December 10, 2012 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 existing 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. NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES: The change in designation from "Commercial ", "Conservation" and "Conservation Overlay" to "Low Density Residential ", "Conservation" 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 future land use designation on the northern half of the site and a conservation overlay area bisecting the middle portion of the site. Because the subject property contains both a conservation future land use designation and a conservation overlay, 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 Myakka and EauGallie 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 Public Hearings 501 PAGE 6 OF 10 - December 10, 2012 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." Myakka and EauGallie fine sands are characterized by severe restrictions for wetness. They are nearly level, and poorly drained. 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 only the extreme eastern portion of the property is subject to be developed with approximately seven (7) residential lots that are shown on the Conceptual Plan that was presented by the applicant. HISTORIC RESOURCES No known historical resources are known to be located on the subject property. 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. Additionally, there is a large portion of the property which has a "Conservation" future land use designation, which according to the Comprehensive Plan includes lands which "contain valuable and threatened natural resources, such as flood plain, estuarine properties, and unique ecological 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 0.84 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. The Low Density 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. Therefore, the proposed future land use amendment is consistent with the Comprehensive Plan. Conservation future land use designation includes those lands which contain valuable and threatened natural resources, such as flood plain, estuarine properties and unique ecological communities. There will be no future land use change to the portion of the property that has this designation, and development will not occur on the conservation portion of the Public Hearings 501 PAGE 7 OF 10 - December 10, 2012 property. Therefore, 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. 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. Public Hearings 501 PAGE 8 OF 10 - December 10, 2012 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. 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 Small -Scale future land use amendment which re- designates the property from "Commercial ", "Conservation" and "Conservation Overlay" to "Low Density Residential ", "Conservation" and "Conservation Overlay" represents a small loss of potential commercial taxable value for the City. However, the commercially zoned property is not conducive to commercial development as a majority of this property is comprised of wetlands or Conservation Easements. The development of the property into a single - family residential subdivision will provide approximately $16,500 in additional taxable value to the City. A detailed fiscal analysis will be performed once the design is more formalized and will be presented to the Commission as part of conceptual site plan agenda item. At present, the proposed residential would seem to represent a viable and fiscally responsible use for the small portion of this property that is able to be developed. 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 Public Hearings 501 PAGE 9 OF 10 - December 10, 2012 Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations /Representatives 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. This item was advertised in the Orlando Sentinel on October 28, 2012. The applicant has met with the Barrington Estates homeowners association and the president of the Black Hammock Association. On November 26, 2012, city staff spoke with Mr. Andy Wasson, the president of the Barrington Estates homeowners association. Mr. Wasson indicated the homeowners association board has no issues with the proposal, but there may be individual residents that have concerns regarding the proposal. The City has posted the property with the standard large yellow sign advertising the dates of all hearings. This sign has been on the property for approximately 2 months. To date, staff has not received any phone calls either in favor or in opposition to the proposal. RECOMMENDATION: Staff and the Planning & Zoning Board recommend the City Commission approve First Reading of Ordinance 2012 -19, a Small -Scale Future Land Use Map Amendment which changes the Future Land Use Map designation for an 8.29 acre parcel located on the north side of State Road 434, approximately 582 -feet west of the intersection of DeLeon Street and State Road 434 from "Commercial ", "Conservation" and "Conservation Overlay" to "Low Density Residential ", "Conservation" and "Conservation Overlay ", and move said Ordinance forward to second reading and adoption. ATTACHMENTS: A. Ordinance 2012 -19 B. Traffic Study C. Environmental Assessment D. Conceptual Plan E. Advertisement, Orlando Sentinel — October 28, 2012 F. Minutes, November 7, 2012 Planning & Zoning Board meeting Public Hearings 501 PAGE 10 OF 10 - December 10, 2012 Attachment "A" ORDINANCE NO. 2012-19 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 8.29 ACRES, MORE OR LESS, AND LOCATED GENERALLY ON THE NORTH SIDE OF STATE ROAD 434 WEST OF THE INTERSECTION OF DELEON STREET AND STATE ROAD 434, MORE PARTICULARLY DEPICTED IN EXHIBIT "A," ATTACHED HERETO, FROM "COMMERCIAL ", "CONSERVATION" AND CONSERVATION OVERLAY" TO "LOW DENSITY RESIDENTIAL ", "CONSERVATION" 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, the future land use map amendment embodied in this Ordinance is a small scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section 163.3187(1), Florida Statutes; 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. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER City of Winter Springs Ordinance No. 2012 -19 Page 1 of 3 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 "Commercial" 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 ofprior 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 this Ordinance shall take effect thirty -one (31) days after adoption, in accordance with Section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of this Ordinance, in which case this Ordinance shall become effective at such time as the state land planning agency or the Administrative Commission issues a final order determining that the adopted small scale development 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 effective date of this Amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs Comprehensive Plan and City of Winter Springs Ordinance No. 2012 -19 Page 2 of 3 become a part of that plan and the Amendments 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 -19 Page 3 of 3 Exhibit "A" Legal Description: Lot 19, MAP OF THE VAN ARSDALE OSBORNE BROKERAGE CO'S ADD. TO BLACK HAMMOCK, according to the plat thereof as recorded in Plat Book 1, Page 31, Public Records of Seminole County, Florida cREI BARRINGTON ESTATES FLORDAAVE _7 1 Subject 1 -I� property 1111100 MINIM Attachment "B" 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 Weaver 03- 21 -31- 3000 - 0090 -0000 Toledo 25- 20- 31 -5BA- 0000 -0190 Weaver - Toledo Sites Project Ng 4407 Figure 1 Site Location NTS 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 Land Use ITE Code Size Trip Generation Rate % New Trips Trip Generation Daily 1 PM Pk Hr 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 I 210 1 101 DU 1 10.39 1 1.05 1 100% 1,049 106 Difference in New Net Trips -3,852 -357 KSF = Thousand Square Feet, DU — Dwelling Unit 1 Institute of Transportation Engineers, Trip Generation Report, 8th Edition, 2008 2 Institute of Transportation Engineers, Trip Generation Handbook, 2" 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 Rate Deviation Adjustment Driveway Factor Volume Avg. Weekday 2 -Way Volume 66.38 0.00 1.00 7084 7 -9 AM Peak Hour Enter 7 -9 AM Peak Hour Exit 7 -9 AM Peak Hour Total 4 -6 PM Peak Hour Enter 4 -6 PM Peak Hour Exit 4 -6 PM Peak Hour Total Saturday 2 -Way Volume Saturday Peak Hour Enter Saturday Peak Hour Exit Saturday Peak Hour Total 0.91 0.58 1.50 3.05 3.18 6.23 0.00 0.00 0.00 0.00 0.00 0.00 90.20 0.00 4.36 4.02 8.38 0.00 0.00 0.00 1.00 98 1.00 62 1.00 160 1.00 326 1.00 339 1.00 665 1.00 9626 1.00 465 1.00 429 1.00 894 Note: A zero indicates no data available. The above rates were calculated from these equations: 24 -Hr. 2 -Way Volume: 7 -9 AM Peak Hr. Total: 4 -6 PM Peak Hr. Total: AM Gen Pk Hr. Total: PM Gen Pk Hr. Total: Sat. 2 -Way Volume: Sat. Pk Hr. Total: Sun. 2 -Way Volume: Sun. Pk Hr. Total: LN(T) = .65LN(X) + LN(T) = .59LN(X) + R ^2 = 0.52 , 0.61 LN(T) = .67LN(X) + 5.83, R02 = 0.78 2.32 Enter, 0.39 Exit 3.37 R02 = 0.81 , 0.49 Enter, 0.51 Exit 0 R02 = 0 , 0 Enter, 0 Exit 0 R02 = 0 , 0 Enter, 0 Exit LN(T) = .63LN(X) + 6.23, R02 = 0.82 LN(T) = .65LN(X) + 3.76 R02 = 0.83 , 0.52 Enter, 0.48 Exit T = 15.63(X) + 4214.46, R02 = 0.52 0 R02 = 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 7 -9 AM Peak Hour Enter 7 -9 AM Peak Hour Exit 7 -9 AM Peak Hour Total 4 -6 PM Peak Hour Enter 4 -6 PM Peak Hour Exit 4 -6 PM Peak Hour Total Saturday 2 -Way Volume Saturday Peak Hour Enter Saturday Peak Hour Exit Saturday Peak Hour Total 66.38 0.00 0.91 0.58 1.50 3.05 3.18 6.23 0.00 0.00 0.00 0.00 0.00 0.00 90.20 0.00 4.36 4.02 8.38 0.00 0.00 0.00 1.00 7084 1.00 98 1.00 62 1.00 160 1.00 326 1.00 339 1.00 665 1.00 9626 1.00 465 1.00 429 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) = 7 -9 AM Peak Hr. Total: LN(T) = R^2 = 0. 4 -6 PM Peak Hr. Total: LN(T) = AM Gen Pk Hr. Total: PM Gen Pk Hr. Total: Sat. 2 -Way Volume: Sat. Pk Hr. Total: Sun. 2 -Way Volume: Sun. Pk Hr. Total: .65LN(X) + .59LN(X) + 52 , 0.61 .67LN(X) + 5.83, R02 = 0.78 2.32 Enter, 0.39 Exit 3.37 R02 = 0.81 , 0.49 Enter, 0.51 Exit 0 R02 = 0 , 0 Enter, 0 Exit 0 R02 = 0 , 0 Enter, 0 Exit LN(T) = .63LN(X) + 6.23, R02 = 0.82 LN(T) = .65LN(X) + 3.76 R02 = 0.83 , 0.52 Enter, 0.48 Exit T = 15.63(X) + 4214.46, R02 = 0.52 0 R02 = 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 7 -9 AM Peak Hour Enter 7 -9 AM Peak Hour Exit 7 -9 AM Peak Hour Total 4 -6 PM Peak Hour Enter 4 -6 PM Peak Hour Exit 4 -6 PM Peak Hour Total Saturday 2 -Way Volume Saturday Peak Hour Enter Saturday Peak Hour Exit Saturday Peak Hour Total 11.88 0.00 0.30 0.91 1.21 0.78 0.46 1.24 0.00 0.00 0.00 0.00 0.00 0.00 11.50 0.00 0.74 0.65 1.39 0.00 0.00 0.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 226 6 17 23 15 9 24 219 14 12 26 Note: A zero indicates no data available. The above rates were calculated from these equations: 24 -Hr. 2 -Way Volume: 7 -9 AM Peak Hr. Total: 4 -6 PM Peak Hr. Total: AM Gen Pk Hr. Total: PM Gen Pk Hr. Total: Sat. 2 -Way Volume: Sat. Pk Hr. Total: Sun. 2 -Way Volume: Sun. Pk Hr. Total: LN(T) = .92LN(X) + 2.71, R02 = 0.96 T = .7(X) + 9.74 R02 = 0.89 , 0.25 Enter, 0.75 Exit LN(T) = .9LN(X) + .51 R02 = 0.91 , 0.63 Enter, 0.37 Exit T = .7(X) + 12.37 R02 = 0.89 , 0.26 Enter, 0.74 Exit LN(T) = .88LN(X) + .62 R02 = 0.91 , 0.64 Enter, 0.36 Exit LN(T) = .95LN(X) + 2.59, R02 = 0.92 T = .89(X) + 9.56 R02 = 0.91 , 0.53 Enter, 0.47 Exit T = 8.84(X) + - 13.31, R02 = 0.94 LN(T) = .91LN(X) + .35 R02 = 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 7 -9 AM Peak Hour Enter 7 -9 AM Peak Hour Exit 7 -9 AM Peak Hour Total 4 -6 PM Peak Hour Enter 4 -6 PM Peak Hour Exit 4 -6 PM Peak Hour Total Saturday 2 -Way Volume Saturday Peak Hour Enter Saturday Peak Hour Exit Saturday Peak Hour Total 10.39 0.00 0.20 0.60 0.80 0.66 0.39 1.05 0.00 0.00 0.00 0.00 0.00 0.00 10.58 0.00 0.52 0.46 0.98 0.00 0.00 0.00 1.00 1049 1.00 20 1.00 60 1.00 80 1.00 67 1.00 39 1.00 106 1.00 1069 1.00 53 1.00 47 1.00 99 Note: A zero indicates no data available. The above rates were calculated from these equations: 24 -Hr. 2 -Way Volume: 7 -9 AM Peak Hr. Total: 4 -6 PM Peak Hr. Total: AM Gen Pk Hr. Total: PM Gen Pk Hr. Total: Sat. 2 -Way Volume: Sat. Pk Hr. Total: Sun. 2 -Way Volume: Sun. Pk Hr. Total: LN(T) = .92LN(X) + 2.71, R02 = 0.96 T = .7(X) + 9.74 R02 = 0.89 , 0.25 Enter, 0.75 Exit LN(T) = .9LN(X) + .51 R02 = 0.91 , 0.63 Enter, 0.37 Exit T = .7(X) + 12.37 R02 = 0.89 , 0.26 Enter, 0.74 Exit LN(T) = .88LN(X) + .62 R02 = 0.91 , 0.64 Enter, 0.36 Exit LN(T) = .95LN(X) + 2.59, R02 = 0.92 T = .89(X) + 9.56 R02 = 0.91 , 0.53 Enter, 0.47 Exit T = 8.84(X) + - 13.31, R02 = 0.94 LN(T) = .91LN(X) + .35 R02 = 0.87 , 0.53 Enter, 0.47 Exit Source: Institute of Transportation Engineers Trip Generation, 8th Edition, 2008. TRIP GENERATION BY MICROTRANS Orlando Office 2002 E Robinson St Orlando FL 32803 Vero Beach Office 1111 Indian River BIv Suite 201 Vero Beach FL 3296 Jacksonville Office 2036 Forbes St Jacksonville FL 3220 Tampa Office 333 Falkenburg Rd N Suite A 128 Tampa FL 33619 Key West Office 1101 Key Plaza Suite 259 Key West FL 33040 Aquatic a Land Management Operations 3825 Rouse Rd Orlando FL 32811 Native Plant Nursery BCC Farms 8580 Bunkhouse Rd Orlando FL 32832 401.894.5969 811.894.5969 401.894.5910 fax 1 (Bio-Tech Consulting Inc. Environmental and Permitting Services Environmental and Permitting Services July 11, 2012 Robert Zlatkiss Lexfor Capital 3911 Orange Lake Drive Orlando, Florida 32817 Attachment "C"into@btc-inc.com www.btc - inc.com 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 preliminary environmental assessment of the SR 434 & Deleon Street Project Site. This approximately 53.46 -acre site fronts on both the north and south sides of SR 434 and the west side of Deleon Street; approximately three - quarters of a mile west of the Eastern Beltway (SR 417); within Section 03, 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), five (5) soil types occur within the subject property boundaries (Figure 4). These soils include the following: 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 sub stratum. 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. 8t( 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 8t( 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 romanzoffiana); 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 8t( 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). 8t( 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) 8t( 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) 8t( 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 8t( 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. attachments Regards, ( Stephen Butler Project Manager John Miklos President Bio -Tech Consulting Inc. Environmental and Permitting Services Sanford } '.•L' a'ke Jessup- ••• • ti,. •• .. • r -•. r • • ti • •tip • nc:• hr :' fit:•. 'ti ti. ••t } 1.} '•t•: .fir !•• , • •••?• SAM' { Winte _ rings 419 1 Legend SR 434 & Deleon Street Parcels • 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 SR 434 & Deleon Street Property Seminole County, Florida w Figure 1 Location Map 6,000 Feet Project #: 672 -01 Produced By: SEB Date:7/2/2012 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 SR 434 & Deleon Street Property Seminole County, Florida Figure 2 2009 Aerial Photograph 450 Feet Project #: 672 -01 Produced By: SEB Date:7/2/2012 Legend emmik =n1 SR 434 & Deleon Street Parcels '/ 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 mmi ammi mri SR 434 & Deleon Street Property Seminole County, Florida w Figure 3 USGS Topographic Map Feet Project #: 672 -01 Produced By: SEB Date:7/2/2012 ti Legend GCCooS ,o=>! SR 434 & Deleon Street Parcels Soil Symbol, Soil Name 9, BASINGER AND DELRAY FINE SANDS 10, BASINGER, SAMSULA, AND HONTOON SOILS, DEPRESSIONAL 11, BASINGER AND SMYRNA FINE SANDS, DEPRESSIONAL 12, CANOVAAND TERRA CEIA MUCKS 20, MYAKKAAND EAUGALLIE FINE SANDS 1.1=1:4- -- . :1: • ■iii ■ei.*. ■ z • k. 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 SR 434 & Deleon Street Property Seminole County, Florida w Figure 4 USDS /NRCS Soils Map 450 Feet Project #: 672 -01 Produced By: SEB Date:7/2/2012 Legend cEEnnn [57007n SR 434 & Deleon Street Parcels Residential, Low Density (111) Tree Nursery (241) Temperate Hardwoods (425) Streams & Waterways (510) Wetland Forested Mixed (630) Disturbed Lands (740) Communication Facilities (822) R.O.W. PARCEL p TO BE INCLUDED 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 SR 434 & Deleon Street Property Seminole County, Florida w Figure 5 FLUCFCS Map 450 Feet Project #: 672 -01 Produced By: SEB Date:7/2/2012 1• 1 5ILScP i t • •••r 4,f i 4 N. ti C _ } �r } 4w ti L = 7 7C ly u 4 ti C x$1r 1T.ax Legend CCCEEI Li fl SR 434 & Deleon Street Parcels © GT Burrows (5 -31 -2012) 2011_Eagle_Nests 330 ft_Eagle_Nest_Buffer 660 ft_Eagle_Nest_Buffer bear_nuisance_1980 -2009 Red - cockaded Woodpecker Listed Wildlife 4 Vrt Wood Stork Nesting Colony Core Foraging Areas 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 SR 434 & Deleon Street Property Seminole County, Florida w Figure 6 Wildlife Survey 1,800 Feet Project #: 672 -01 Produced By: SEB Date:7/2/2012 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 bluenose shiner 1 N 1 LS 1 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 m ugi tus 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 peregrinus peregrine falcon LE LE P Picoides borealis red - cockaded woodpecker LE LT C Aphelocoma coerulescens Florida scrub jay LT LT C Grus canadensis pratensis Florida sandhill crane N LT C Pandion haliaetus osprey N LS ** C MAMMA 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 floridanus Florida black bear C LT* * C PLAN 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 okeechobeensis Okeechobee Gourd LE LE C 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" Dnun WM* C. Engle, P.L. 7n257RS Devgued M1r )0h N41711•17 2012 -03 F3cornc Sot 1.= IOU Dar AUGUST2012 SITE PLAN BLACK HAMMOCK ESTATES Seminole County, Honda CIVIL DESIGN GROUP Rene (407) 826 -3996 +EERS SURVEYORS , RHNRfRS 8969 Onpde, E. Eunpo, Roof ORIARW.RORq, Foe (407) 876-4279 Client Name: Ad Number: Ord. 2012 -19,20 Advertiser: Insertion Number: CIS V J Q O 0 This E- Sheet(R) is provided as conclusive evidence that the ad appeared in The Orlando Sentinel on the date and page indicated. You may not create derivative works, or in any way exploit or repurpose any content. B4 1 Sunday Local News 1 Orlando Sentinel Sunday, October 28, 2012 Attachment"" MAXWELL Continued from Page B1 and $1,800 more on limousines and chauf- feurs. Or maybe visit his favorite neighbor- hood steakhouses ... 76 times. He can even put tens of thousands of dollars into his personal bank account — as long as he claims he's reimbursing himself for legitimate expenses. Not only would all of that be legal — it all actually happened. Florida legislators — specifically party leaders — have been exposed doing all of those things with money from companies and interests that want legislative favors. This is Florida's new normal. Fortunately, there is finally talk of changing this. It's coming from a handful of legislators who seem capable of an emotion rarely demonstrated in Tallahas- see: shame. Incoming Senate President Don Gaetz is chief among them, telling reporters re- cently that ethics reform is among his top priorities. He's a Republican cracking down on fellow Republicans ... the ones giving his entire party a bad name. (Democrats used to get into similar trouble decades ago when they ran the show. Nowadays, though, Democrats don't have enough clout to pass gas, much less legislation. So the special interests save most of their loot for the Republicans.) Specifically, Gaetz wants to force legis- lators to file more - complete financial disclosures and make that information more easily accessible to citizens. That's sorely needed. Right now, we have law- makers who refuse to disclose whose payroll they are on — even if they're cast- ing votes that could help their benefactors. That's just sick. Gaetz also wants to ban lawmakers from voting if they have a conflict of inter- est. Right now, that's not prohibited. Seri- ously. He also wants to tighten the reins on those who try to parlay their part -time legislative jobs into better - paying public ones. (Like the lawmaker who beefs up funding for a community college and — voila! — suddenly gets a cushy job at that same college.) Amen. Amen. Amen. Go, Don, go. But the practice that has Gaetz most perturbed is legislators living high on the hog, thanks to corporate money funneled through committees that legislators set up under the auspices of campaigning or promoting generic ideals. Gaetz said it has become painfully obvi- ous that some legislators simply "live out of" their committee funds, saying: "I think that is wrong." Gaetz made that statement just a few weeks after Central Florida's own state Rep. Chris Dorworth made statewide news for collecting more than $1 million in a political committee — and using the money for everything from bar tabs to a trip to Taiwan. Dorworth also claimed he needed to reimburse himself more than $30,000 for "out -of- pocket expenses," according to the Tampa Bay Times. Dorworth said all of the spending was perfectly appropriate — related to the business of campaigning. It's the same thing Dean Cannon said when he racked up more than $14,000 worth of charges on the Republican Party credit card at 76 visits to steakhouses, Houston's and Ruth's Chris, just a few miles from his Winter Park home during the course of about two years. (I hope Dean charged a few bottles of Lipitor to the party donors as well.) And the same thing Cannon said about the GOP - donor - funded trip he took to Washington with some legislative pals. And the same thing Dorworth said about his Vegas getaway. It's the same thing they always say. Yes, companies that want us to do them legislative favors give our committees mon- From Page One ey. Yes, we spend that money on lavish din- ners, trips and other perks. And, yes, we end up passing a lot of the bills those companies want. But how dare you suggest that any of that is related? Oh, and no, we won't provide detailed proof that the spending was appropriate — because we don't have to. That's part of what Gaetz and incoming House Speaker Will Weatherford said they want to change with the campaign com- mittees. They should do it with the party funds as well. Now, to be honest with you, I'm not holding my breath. Expecting Florida politicians to clean up their own act is like expecting a pig to stay out of the mud. But the simple fact that Gaetz and Weatherford are talking about sweeping reform — the likes of which this state hasn't seen in nearly four decades — is encouraging. And really, none of this is that compli- cated: If you can't serve in public office with- out lining your own pockets or personally benefiting, you have no business being there. smaxwell @tribune.com or 407 -420 -6141 KASSAB Continued from Page B1 the Casselberry hair salon where Bradford Baumet went Oct.18 to murder estranged girlfriend Marcia Santiago. She is still fight- ing for her life, but he killed three others before shooting himself. In just one month, domestic violence has claimed at leastll lives in Central Florida, and four were bystanders. The notion that domestic violence is a private family affair can be tossed along with the twisted idea that victims are some- how to blame for their abuse. Domestic violence is very much a public problem that deserves public attention. But it's also one that frequently slips through the cracks. In 2010 the State Attorney's Office re- ceived 12,577 domestic - violence cases in Orange and Osceola counties. But charges were filed in 2,044 — or just 16 percent — of the cases. About half of those resulted in some type of plea deal. Only 79 cases went to trial that year, and just 42 defendants were found guilty. Michelle Latham, the chief domestic - violence prosecutor, said her office's statis- tics have improved dramatically since a felony domestic - violence unit was formed a little more than a year ago. Now she says the number of cases reaching trial, plea agree- Bob Brooks Age: 58 Party: Republican. Family: Married, three children. Occupation: Physician, University of South Florida professor. Education: Bachelor of arts and M.D., Wayne State University. M.A., Reformed Theological Seminary, Or- lando. MBA, Auburn Univer- sity. M.A., Harvard School of Public Health. Political service: State House member,1994 -99. Secretary of Florida's De- partment of Health, 1999 -2001. HOUSE Continued from Page B1 But their biggest fight has been about schools. Brooks is backed by the Florida Federation for Children, a pro - voucher group. Stewart has the support of various unions, including the Or- ange County Classroom Teachers Association. Brooks touts his own teaching experience as a university public - health professor. He was an early backer of school vouchers and supports "parent -trig- ger" legislation that would allow a majority of parents to compel conversion of a struggling public school to a charter school. But Brooks said he wants accountability for all schools. "Charter schools need to be held to standards that are at least equal to those of the public schools," Brooks said, adding that he also would fight to increase state fund- ing for education. The Florida Democratic Party and Stewart have pounded Brooks over the charter - school issue in mailers. One ad blasts Brooks' "school voucher scheme that drains millions of our tax dollars from pub- lic schools." Stewart also op- poses the "parent- trigger" legislation. But even outside the classroom, they differ on many issues. For instance, Stewart supports legislation to force online retailers such as Am- azon.com to begin collect- ing sales taxes, so Florida's brick - and - mortar retailers can better compete. Brooks COURTESY OF PIERRE FAMILY Carlene Pierre, pictured with 2 of her chil- dren, was shot to death at the hotel where she worked by her estranged boyfriend. ments or a diversion program is nearing the office's goal of 80 percent. And she's helping to train law- enforce- ment officers on how to assist the state attorney in building better cases against batterers. But Polynice is a good example of how some cases get missed. About two weeks before Pierre was killed, Polynice showed up at her workplace and ran her over with a car, sending her to Linda Stewart Age: 63 Party: Democrat. Family: Married, two children. Occupation: Community advocate. Education: Boone High School, attended Valencia Community College, studied two years abroad. Political service: Orange County commissioner, 2002 -10, and past chair of CountyWatch, a local watchdog group. opposes it. Another difference: A bill that failed to pass the Legis- lature this year would have required a 24 -hour waiting period before an abortion. Stewart opposes it; Brooks would have voted for it. Heading into the race, Stewart's more - recent po- litical service gave her bet- ter name recognition. But Brooks has vastly outraised her: $268,043 to $70,854 through Oct. 12, records show, though outside groups and both political parties have spent hundreds of thousands more on TV and mail ads. In those, Brooks said that Democrats have misled voters about his record. For instance, one ad described him as denying prenatal care to women as the Health Department chief. Brooks said he merged Healthy Start offices to trim admin- istrative costs and didn't cut service budgets. Stewart said Brooks has too many "extreme" stances for this tossup district. She points to his 1995 letter to Walt Disney World oppos- ing its extension of health benefits to gay workers, and Brooks' support for oil drill- ing beyond 50 miles off Florida's coast with "safe- guards." Stewart opposes drilling and has been an avid supporter of gay rights. One thing Brooks and Stewart can agree on: "The two couldn't be farther apart on the issues;' said Frank Torres, a Republican p olitical commentator. ddamron @tribune.com, 407 -420 -5311 or Twitter @dadamron the hospital. An Orange County deputy responded and began an investigation but hadn't completed it because authorities still hadn't interviewed Pierre, who took off before deputies arrived, said sheriff's Capt. Angelo Nieves. Because the report wasn't completed, it wasn't passed along to the State Attorney's Office. And Polynice, who had a long, vio- lent history, wasn't arrested. If he had been, Latham said, it's possible he would have been in jail Sept. 27, the day he killed two women, shot another and then killed himself. "She [Pierre] went to get an injunction ... she was cooperative;" Latham said. "So what we can do on domestic - violence cases is if a victim thinks she's going to be killed, we can file motions and keep them [defend- ants] in jail until trial." Nieves said deputies tried to interview Polynice later, but he never showed. "This is hindsight;" Nieves said. "The case wasn't closed ... it was sent to the do- mestic unit for follow -up when this tragedy occurred." Some law- enforcement agencies have made dramatic changes in how they handle domestic - violence cases so that prosecutors have a better chance of success in court. Take the Apopka Police Department, for example. Chief Robert Manley, who took over last year, said officers tended to treat domestic - violence calls like referees breaking up a NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY AND CITY COMMISSION PROPOSE TO CONSIDER THE FOLLOWING: ORDINANCE NO. 2012-19 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 8.29 ACRES, MORE OR LESS, AND LOCATED GENERALLY ON THE NORTH SIDE OF STATE ROAD 434 WEST OF THE INTERSECTION OF DELEON STREET AND STATE ROAD 434, MORE PARTICULARLY DEPICTED IN EXHIBIT "A," ATTACHED HERETO, FROM "COMMERCIAL ", "CONSERVATION" AND "CONSERVATION OVERLAY" TO "LOW DENSITY RESIDENTIAL ", "CONSERVATION" 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. ORDINANCE NO. 2012-20 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING ONE (1) PARCEL OF LAND TOTALING 8.29 ACRES, MORE OR LESS, AND GENERALLY LOCATED ON THE NORTH SIDE OF STATE ROAD 434 WEST OF THE INTERSECTION OF DELEON STREET AND STATE ROAD 434 IN THE CITY OF WINTER SPRINGS, FLORIDA, AND DEPICTED ON EXHIBIT "A" ATTACHED HERETO, FROM "C -1 NEIGHBORHOOD COMMERCIAL DISTRICT" TO `R -1A ONE- FAMILY DWELLING DISTRICT;" PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. LOCATION MAP NM PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY PUBLIC HEARING WILL BE HELD ON WEDNESDAY, NOVEMBER 7, 2012 AT 5:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA CITY COMMISSION FIRST READING PUBLIC HEARING WILL BE HELD ON MONDAY, NOVEMBER 19, 2012 AT 5:15 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA CITY COMMISSION SECOND READING PUBLIC HEARING WILL BE HELD ON MONDAY, DECEMBER 10, 2012 AT 5:15 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinance may be obtained by interested parries between 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerk's Office, 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 Commission 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. fight rather than detectives investigating a potential crime. Not any longer. Manley sent his officers to domestic - violence training and ordered them to tour Harbor House, Orange County's domestic - violence shelter. Now when they show up at a scene, they document the injuries on a victim, but also broken glass or other evidence inside the home. They talk with neighbors and try to find other witnesses. "In a nutshell, we changed the way we are doing business," Manley said. The goal is to build a case that is strong enough to prosecute even if the victim won't testify, often the main obstacle to going after batterers in court. One of the most important changes Man- ley made at the urging of domestic - violence advocates: Officers no longer hand victims a form at the scene that asks them whether they wish to drop the charges before a pros- ecutor has a chance to evaluate the case. "People need to get prosecuted for do- mestic violence," he said. And there's something the rest of us can do, too: Watch out for your friends and neighbors. If you see or hear something, speak up. If there's anything the past month has taught us, it's that domestic violence shouldn't be treated as a private family affair. bkassab @tribune.com or 407 -420 -5448 NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY AND CITY COMMISSION PROPOSE TO CONSIDER THE FOLLOWING: 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. ORDINANCE NO. 2012-22 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING ONE (1) PARCEL OF LAND TOTALING 19.1 ACRES, MORE OR LESS, AND GENERALLY LOCATED NORTH OF STATE ROAD 434 AND WEST OF DELEON STREET IN THE CITY OF WINTER SPRINGS, FLORIDA, AND DEPICTED ON EXHIBIT "A" ATTACHED HERETO, FROM `R -C1 SINGLE - FAMILY DWELLING DISTRICT" TO `R -1A ONE- FAMILY DWELLING DISTRICT;" PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. LOCATION MAP PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY PUBLIC HEARING WILL BE HELD ON WEDNESDAY, NOVEMBER 7, 2012 AT 5:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA ORDINANCE 2012 -21 CITY COMMISSION FIRST READING /TRANSMITTAL PUBLIC HEARING WILL BE HELD ON MONDAY, NOVEMBER 19, 2012 AT 5:15 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA ORDINANCE 2012 -22 CITY COMMISSION FIRST READING PUBLIC HEARING WILL BE HELD ON MONDAY, NOVEMBER 19, 2012 AT 5:15 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA ORDINANCE 2012 -22 CITY COMMISSION SECOND READING PUBLIC HEARING WILL BE HELD ON MONDAY, DECEMBER 10, 2012 AT 5:15 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinance may be obtained by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerk's Office, located al 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 al (407) 327 -1800, #236. This is a public hearing. Interested parties are advised that They may appear al the meeting and be heard with respect to the proposed ordinance. If you decide to appeal any recommendation or decision made by the City Commission with respect to any mailer considered al 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. Attachment "F" CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 07, 2012 PAGE 6 OF 8 VOTE BOARD MEMBER CASMAN: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE CHAIRMAN POE: AYE MOTION CARRIED. PUBLIC HEARINGS 505. Community Development Department — Planning Division Requests that the Local Planning Agency hold a Public Hearing to consider Ordinance 2012 -19, a Small -Scale Future Land Use Map Amendment which proposes to change the Future Land Use Map designation from "Commercial ", "Conservation" and "Conservation Overlay" to "Low Density Residential", "Conservation" and "Conservation Overlay" for approximately 8.29 acres, located on the north side of State Road 434, approximately 582 feet west of the intersection of DeLeon Street and State Road 434. Mr. Howell introduced this Agenda Item. "I WOULD LIKE TO MAKE THE MOTION ON ITEM `505' FOR THE SMALL SCALE FUTURE LAND USE MAP AMENDMENT CHANGE..." MOTION BY BOARD MEMBER PHILLIPS. CHAIRMAN POE ASKED FLOR CLARIFICATTION, "...TO APPROVE ?" BOARD MEMBER PHILLIPS AGREED AND ADDED, "...TO APPROVE." SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. VOTE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE MOTION CARRIED. PUBLIC HEARINGS 506. Community Development Department — Planning Division Requests that the Planning and Zoning Board hold a Public Hearing to consider Ordinance 2012 -20, which proposes to rezone a 8.29 acre parcel located on the north side of State Road 434, approximately 582 feet west of the intersection of DeLeon Street and State Road 434 from C -1 (Neighborhood Commercial) to R -1A (One - family dwelling district). "I WILL RECOMMEND APPROVAL OF ITEM `506' AS PRESENTED BY STAFF." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 07, 2012 PAGE 7 OF 8 VOTE BOARD MEMBER WALKER: AYE CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Community Development Department — Planning Division Requests that the Planning and Zoning Board consider the Offices at Winding Hollow Lot Split, located on the southwest corner of State Road 434 and Winding Hollow Boulevard. Mr. Woodruff presented this Agenda Item. Discussion. "I MAKE A MOTION WE REJECT STAFF'S REQUEST." MOTION BY BOARD MEMBER CASMAN. MOTION DIED FOR LACK OF A SECOND. "I MAKE A RECOMMENDATION THAT WE ACCEPT STAFF'S PROPOSAL ON LOT SPLIT ON ITEM `600'." MOTION BY CHAIRMAN POE. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. VOTE CHAIRMAN POE: AYE BOARD MEMBER CASMAN: NAY BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. PUBLIC INPUT Chairman Poe opened "Public Input ". No one addressed the Board. Chairman Poe closed "Public Input ".