HomeMy WebLinkAbout2023 01 24 Public Hearing - Non-Compliance Case item 600 - Case# 2022CE000200 1271 Belle Ave
CITY OF WINTER SPRINGS, FLORIDA
CODE ENFORCEMENT BOARD
CITY OF WINTER SPRINGS, COMPLAINT NO: 2022CE000200
PETITIONER,
vs.
RESPONDENT
NOTICE OF COMPLIANCE (MASSEY) HEARING
Please take notice that at 5:30 P.M. on January 24, 2023 the Code Enforcement Board will hold a Compliance (Massey)
hearing.
The hearing will be held at the Winter Springs City Hall located at 1126 East State Road 434, Winter Springs, Florida.
Address of Violation: 1271 BELLE AVE, WINTER SPRINGS, FL 32708
Property Owner Name: BK SPORTS ENTERPRISES INC
Property Owner Mailing Address: 1271 BELLE AVE, WINTER SPRINGS, FL 32708
The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the Property
of the Respondent(s) as set forth in the Findings of Fact, Conclusions of Law and Order (First Violation), attached hereto, and
shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.06, Florida Statutes. If the Code
Enforcement Board finds your property in violation of the above referenced City Code you can be fined up to $250.00 per day for each
day the violation continues or up to $500 per day for each day a repeat violation continues. You can be charged for the costs that are
incurred by the city in prosecuting the case. In the event violation fines and the costs are not paid within a reasonable time there can be
a lien filed against the property and upon any other real or personal property owned by the violator in accordance with Section 162.09,
Florida Statutes.
The hearing is conducted within guidelines of City of Winter Springs Code 2-60 and Chapter 162, Florida Statutes. You may appear in
person and are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code
Enforcement Board are legal in nature, you may wish to have legal counsel attend the above-referenced hearing. If you choose to not
attend the hearing you can lose your right to present facts in this case. You have the right to present evidence, exhibits, written and oral
testimony. The Code Board will subpoena witnesses on your behalf upon written request to the Code Board through the City of Winter
Springs Clerk’s Office.
An aggrieved party, including the City of Winter Springs, may appeal a final administrative order of the Code Enforcement Board to the
Circuit Court as provided by the general law of the State of Florida. Any such appeal must be filed within thirty (30) days of the
execution of the order to be appealed. In the event that you appeal the Order of the Code Enforcement Board, you will be required to
have an official record of the proceedings. You may, at your own expense, arrange for the official transcript of the testimony and
evidence presented at the hearing.
I certify a copy of this document was Hand Delivered, to the property, and at Winter Springs City Hall as per Florida State Statute 162.
Professionally,
_________________________
Code Officer Mariah Quinn
HAND DELIVERED January 17, 2023
PARCEL OWNER:
BK SPORTS ENTERPRISES INC
1271 BELLE AVE
WINTER SPRINGS, FL 32708
118
PaXt4TE R
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o
CITY OF WINTER SPRINGS, FLORIDA
U 0 1126 EAST STATE ROAD 434
i mcom1959 ® WINTER SPRINGS, FLORIDA 32708-2799
IV co TELEPHONE: (407) 327-1800
000 WET¢
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FACSIMILE: (407)327-4753
WEBSITE:www.winterspringsfl.org
CODE ENFORCEMENT BOARD
THE CITY OF WINTER SPRINGS, Case#2022CE000200
A Florida municipal corporation,
Petitioner,
V.
BK SPORTS ENTERPRISES,INC.,
Respondent,
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND ORDER(FIRST VIOLATION)
THIS CAUSE having come on for consideration, after being duly noticed, before the Code
Enforcement Board of the City of Winter Springs, Florida, on August 30, 2022 to determine whether any
violations of the City of Winter Springs Code of Ordinances("City Code")exist or existed on the Property.
The Board, having heard the arguments of the parties and the evidence and testimony presented, and
having reviewed the record and being otherwise fully advised, issues the following Findings of Fact and
Conclusions of Law which are incorporated into this Order as set forth herein.
Findings of Fact and Conclusions of Law
Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board
finds:
1.That the property at issue in this matter is located at 1271 Belle Avenue, Winter Springs,
Florida 32708 ("Property") and is assigned the following Parcel ID# 04-21-30-511-01300-0010. The
Property is owned by BK Sports Enterprises, Inc. ("Respondent").
2.That the Respondent was provided a Notice of Violation in accordance with Sections 2-60
and 2-61 of the City Code and consistent with sections 162.06 and 162.12, Florida Statutes. Such Notice
of Violation alleged violations of Sections 9-241 Stormwater Management, City Code, and 8-33 Permits
Required, City Code and required corrective actions relating to the Property.
119
CITY OF WINTER SPRINGS,FLORIDA
CODE ENFORCEMENT BOARD
CASE NUMBER#2022CE000200
AUGUST 30,2022
PAGE 2 OF 3
3.That the Respondent was provided a reasonable time to correct said violations prior to this
hearing.
4.That the Respondent either failed or refused to correct such violations within the reasonable
time period provided in the Notice of Violation.
5.That the Respondent was provided a Notice of Hearing before the Code Enforcement
Board, in accordance with the City Code and consistent with sections 162.06 and 162.12,Florida Statutes.
Mr. Rich Boyd was present at the hearing and provided testimony on behalf of the Respondent. Mr. Boyd
offered testimony relating to the history of the property and admitted having the retention pond filled with
dirt and explained that he was not aware that a permit was needed relating to same.
6. The City's power point presentation, photographs, notices, additional case
information, and other evidence presented are admitted into evidence. City code enforcement
officers provided sworn testimony and photographs relative to the violations, including that a retention
pond was filled in with dirt(Photos 1 - 8, 10 - 12)without issuance of approved related permit(s), and that
a Stop Work Order posted on the property (Photos 4, 5, 8) by code enforcement officers during such
process was subsequently knocked down (Photo 10) and the retention pond continued to be filled with
dirt. The City Manager provided sworn testimony relative to the City's permitting process and related.
Conclusions of Law
7.That based on the testimony and evidence presented, including Mr. Boyd's testimony as
well as the testimony and photographs presented by the code enforcement officer depicting fill dirt at the
site and the filling in of a retention pond(Sec. 9-241, City Code) and this work was done without a permit
Sec. 8-33, City Code) all of which remains beyond the compliance date set forth in the Notice of
Violation, Respondent violated Sections 9-241 Stormwater Management, City Code; 8-33 Permits
Required, City Code.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1.The Respondent be given until December 22, 2022 to correct the violations of the City
Code on the Property. The Respondent shall be responsible to provide notice of such violations being
corrected to the Code Enforcement Officer.
2.If the Respondent fails to correct the violations within the time period set forth herein, the
Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and
Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status
of the violations on the Property.Upon a finding by the Code Enforcement Board that the Property remains
in violation, a fine will be entered in the amount of TWO HUNDRED AND FIFTY DOLLARS
250.00) per day beginning on December 22, 2022 and continuing to accrue daily until the violations
are brought into compliance.
3.The Clerk of the Code Enforcement Board may be directed to record a certified copy of
this Order in the public records for Seminole County, Florida, which shall constitute notice to any
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CITY OF WINTER SPRINGS,FLORIDA
CODE ENFORCEMENT BOARD
CASE NUMBER#2022CE000200
AUGUST 30,2022
PAGE 3 OF 3
subsequent purchasers, successors in interest, or assigns of the subject property, and the findings herein
shall be binding upon the Respondent, any subsequent purchasers, successors in interest, or assigns. If
this Order is recorded and is complied with by the date specified herein, an Order acknowledging
compliance shall likewise be recorded in the public records. A hearing is not required to issue such an
order acknowledging compliance with the original order. The Respondent shall be responsible to
provide notice of such violations being corrected to the Code Enforcement Officer.
4.Any and all future recurrence(s)of any violation(s) addressed herein,after same have been
corrected, shall necessitate further proceedings before the Board. While the Code Enforcement Officer
shall give the Respondent notice of the repeat violation, the Code Enforcement Officer is not required to
provide Respondent a reasonable time to correct such repeat violation(s). The Board, upon finding such
repeat violation(s)exist(s),may impose a fine not to exceed Five Hundred Dollars ($500.00)for each day
the repeat violation continues, beginning with the date the repeat violation is found to have occurred by
the Code Enforcement Officer.
5.The Code Enforcement Board hereby reserves the right to take further necessary action
against the Respondent to enforce this Order in accordance with Section 162.09,Florida Statutes,and City
of Winter Springs Code, Chapter 2,Article III,Division 2.
l
DONE AND ORDERED at Winter Springs,Florida,this /7 ay of n, 2022.
CODE ENFORCEMENT BOARD OF THE
CITY OF WINTER SPRINGS,FLORIDA
fa&uri'e'ee K--!aprp<Chairperson
Copies furnished to: CERTIFIED MAIL -7017 2q"') 0000 740
BK SPORTS ENTERPRISES, INC
1271 Belle Avenue
Winter Springs, Florida 32708-2965
I hereby certify that a true and correct copy of the above and foregoing Findings of Fact,
Conclusions of Law and Order (First Violation) has been furnished by certified mail, return receipt
requested, to the Respondent on this day of 2022.
Chris an Gowan, Board Secretary
121
122
State of Florida Accredited Agency
WINTER SPRINGS POLICE DEPARTMENT
CODE ENFORCEMENT DIVISION
300 North Moss Road - Winter Springs, FL 32708
Business (407) 327-1000 - Fax (407) 327-6652
January 25, 2022
Case #: 2022CE000200
Service Address: 1271 BELLE AVE, WINTER SPRINGS FL 32708
NOTICE OF CODE VIOLATIONS
The above mentioned property has been inspected on the dates below.
Inspector Date
CODE OFFICER MARIAH QUINN January 23, 2022
Violation Description Comments/Corrections Needed
WS City Ord. 8-33 Development Permit
Required
Permit needed for any new work being done to modify property and
potentially affect stormwater and drainage issues, contact Permitting at
407-327-1800 for information about the permit application. If additional time
Is needed please contact me @ 407-327-7558.
WS City Ord. 9-241 Stormwater Management Any alterations to the retention pond must have all necessary approvals in
place through the Permitting Department.
Failure to correct the violation(s) and to notify the Winter Springs Code Enforcement Division of the corrections will result in
charges being brought against you before the City of Winter Springs Code Enforcement Board which has the power to levy
fines up to $250.00 per day for first offenses or up to $500.00 for repeat offenses per day that the violation remains.
Corrective Action Comments Due Date
Notice of Code Violation See specific correction comments provided. February 22, 2022
Municipal Code Code Text
WS City Ord. 8-33 (a) Establishment of permit. A development permit shall be obtained before construction or
development begins within any area of special flood hazard established in section 8-5.
(1) New developments. When new development proposals include lands designated as areas of
special flood hazard, the aforementioned development permit shall not be issued until all
applicable requirements of chapter 9 of this Code have been fulfilled. Specifically, the procedures
outlined in section 9-101(a)(2) shall be required. In addition, the provisions of section 9-241 which
exceed the provisions of this chapter, shall apply and be prerequisites to issuance of the
development permit.
(2) Construction in existing developments. Already developed lands within or including areas of
special flood hazard in this city for which building permits are requested shall be subject to the
provisions of this chapter, as shall lands described in (a) above. After land development is
completed no construction of any nature, neither buildings, nor site preparation, nor modification
BK SPORTS ENTERPRISES INC
1271 BELLE AVE
WINTER SPRINGS FL 32708
123
2
of existing roads, utilities, drainage systems or other nonstructural improvements shall be allowed
within areas of special flood hazard until the development permit herein required has been issued.
(b) Application for permit. Application for a development permit shall be made on forms furnished
by the floodplain administrator and may include, but not be limited to, plans in triplicate drawn to
scale showing the nature, location, dimensions, and elevations of the area in question; existing or
proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
Specifically, the following information is required with application for the development permit:
(1) Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all
structures.
(2) Elevation in relation to mean sea level to which any nonresidential structure will be
floodproofed.
(3) Certification from a registered professional engineer or architect that the nonresidential
floodproofed structure meets the floodproofing criteria in section 8-52(2).
(4) Description of the extent to which any watercourse will be altered or relocated as a result of
proposed development.
WS City Ord. 9-241 (a) The design concept for drainage systems in proposed developments shall be approved by the
city engineer. All drainage systems shall have a positive outlet or overflow unless documented as
being unnecessary by geohydrologic investigation based on a twenty-five-year design storm.
(b) All drainage facilities shall be designed for a rainfall of a twenty-five-year/twenty-four-hour
return period using an SCS Type II Modified rainfall distribution. The twenty-five-year/twenty-four-
hour storm is the "design storm".
(c) The drainage system for each subdivision shall include a sufficient facility to remove
stormwater without flooding any lot in the proposed subdivision or in the surrounding territory.
All residential floor elevations shall be elevated to a minimum of eighteen (18) inches above base
flood elevation.
All nonresidential finished floor elevation shall be elevated to a minimum of eighteen (18) inches
above the base flood elevation unless flood proofed in accordance with section 8-52(2) of the
Flood Damage Prevention Code.
(d) Retention/detention ponds.
(1) Dry bottom ponds. All dry bottom retention/detention ponds will have a pond bottom elevation
of no less than one (1) foot (twelve (12) inches) above the seasonal high ground water elevation,
which is to be determined by a registered professional engineer in the State of Florida with an
expertise in soils. The side slopes of all dry bottom retention/detention ponds shall not be steeper
than two and one-half (2½) horizontal to one (1) vertical. All dry bottom ponds with no exceptions,
in which the side slopes are steeper than four (4) horizontal to one (1) vertical shall require a
green vinyl chainlink fence with a minimum height of four (4) feet. All fences must meet setback
requirements in section 6-193, buildings and building regulations.
(2) Wet bottom ponds. All wet bottom ponds must have side slopes no steeper than four (4)
horizontal to one (1) vertical measured from the top of the berm down to at least three (3) feet
below the normal water level, measured vertically. This is the side slope transition point. Side
slopes may then transition, from the transition point, to no steeper than two (2) horizontal to one
(1) vertical down to the pond bottom. Wet bottom pond side slopes steeper than these values are
not allowed. If a fence is used, it must be of the same specifications as the fence for dry bottom
ponds.
(3) All ponds. Retention, detention, percolation, and treatment of stormwater are required by the
city. Stormwater regulations, criteria and requirements of the State of Florida, St. Johns River
Water Management District and the Department of Environmental Protection, as they may exist
124
3
and be modified from time to time, are to be the regulations, criteria, and requirements which the
city shall utilize for review of stormwater facilities. All city stormwater requirements shall also
apply in addition to any federal and state requirement. If there is a conflict between requirements,
the stricter requirement will apply. All ponds shall have a minimum ten (10) foot wide stabilized
maintenance berm capable of supporting a maintenance vehicle. There shall be a minimum ten
(10) foot wide easement to each pond dedicated to the city and the homeowners' association (if
planned). All fenced ponds must have a locked gate with ten-foot wide gate opening.
(e) Flow quantities off-site are not to exceed that prior to development. The stormwater runoff
volume and rate from the "design storm", for the post development condition, shall not exceed
that for the pre-development condition.
(f) The city encourages the preservation of existing swamp areas, ponds (including intermittent
ponds), wetlands and wet areas, and bayheads for water storage and conservation purposes.
Existing flood storage quantities shall not be reduced by development from that which existed on-
site prior to development. Pre and post-development volume must be adhered to with additional
compensating storage for all floodwater displaced by development below the elevation of the
hundred-year flood as defined by the Federal Emergency Management Agency on the latest
official panel of the flood insurance rate map. Compensating storage is to be calculated between
the hundred-year flood elevation and the seasonal high water table. The seasonal high water
table shall be established by a registered professional engineer in the State of Florida with
expertise in geotechnical engineering based on recent soil borings on the subject site. There must
be at least one (1) soil boring per pond, performed at the proposed location of the pond.
(g) The development of each phase of a development shall be capable of standing on its own if
subsequent areas planned for development are not developed.
(h) Inlet spacing. Inlets shall be spaced in such a manner as to accept one hundred (100) percent
of runoff. Typically, the maximum allowable gutter run will be seven hundred fifty (750) feet on
streets with curbs, unless specifically excepted by the city engineer. On streets other than streets
with curbs, the actual required spacing will depend on the characteristics of each particular site.
Calculations will be provided to show the hydraulic grade line (water level) in all inlets and storm
water manholes when the pond reaches its maximum stage water elevation during the design
storm. At no time will the hydraulic grade line be allowed to be higher than the edge-of-pavement
at inlets and at no time be higher than the manhole rim at storm water manholes. See
subsection 9-300 for standard curb inlet. Florida Department of Transportation (FDOT) inlets may
be used at the discretion of the city engineer.
(i) Lot grading. To facilitate proper stormwater surface runoff from residential lots, the minimum
residential lot line slope that can be accepted is one and one-quarter (1.25) percent. This will only
be allowed in areas that have good percolation of rainfall into the soils. In areas that do not have
good percolation of rainfall into the soils, the minimum lot line slope that can be accepted is one
and one-half (1.50) percent.
The determination of good percolation of soils will be made by the city engineer based on a recent
soils report by a registered professional engineer in the State of Florida with an expertise in soils.
The soils report may have to include the results of a recent soil permeability test if required by the
city engineer.
Professionally,
_______________________
Code Officer Mariah Quinn
Certified Mailing Number: 7021 0350 0001 3066 2462
125
CITY OF WINTER SPRINGS, FLORIDA
CODE ENFORCEMENT BOARD
CODE ENFORCEMENT BOARD, COMPLAINT NO: 2021CE003293
PETITIONER,
vs.
RESPONDENT
NOTICE OF CODE BOARD HEARING
Please take notice that at 5:30 P.M. on August 30, 2022 the Code Enforcement Board will hold a hearing to determine why you should
not be found in violation of the City Code as follows. The hearing will be held at the Winter Springs City Hall located at 1126 East State
Road 434, Winter Springs, Florida.
Address of Violation: 1271 BELLE AVE, WINTER SPRINGS, FL 32708
Property Owner Name: BK SPORTS ENTERPRISES INC
Property Owner Address: 1271 BELLE AVE, WINTER SPRINGS, FL 32708
The cited violations are as follows: Winter Springs City Ords.8-33, 9-241
If the Code Enforcement Board finds your property in violation of the above referenced City Code (s) you can be fined up to $250.00
per day or $500.00 per day for a repeat violation, for each day the violation continues and you can be charged for the costs that are
incurred by the city in prosecuting the case. In the event violation fines and the costs are not paid within a reasonable time there can be
a lien filed against the property in accordance with Florida State Statute Section 162.09.
The hearing is conducted within guidelines of City of Winter Springs Code 2-60 and Florida State Statutes Chapter 162. You may
appear in person or by an authorized representative. If you choose to not attend the hearing you can lose your right to present facts in
this case. You have the right to present evidence, exhibits, written and oral testimony. The Code Board will subpoena witnesses on
your behalf upon written request to the Code Board through the City of Winter Springs Clerk’s Office.
In the event that you appeal the Order of the Code Enforcement Board, you will be required to have an official record of the
proceedings. You may, at your own expense, arrange for the official transcript of the testimony and evidence presented at the hearing.
I certify a copy of this document was mailed Certified and First Class mail, posted at 1271 Belle Ave., Winter Springs, and at a
government office as per Florida State Statute 162.
Professionally,
__________________
Code Officer Mariah Quinn
Certified & First Class mail
7021 2720 0002 5041 5077
Posted at the property and at City Hall.
PARCEL OWNER:
BK SPORTS ENTERPRISES INC
1271 BELLE AVE
WINTER SPRINGS, FL 32708
126
Property Record Card
Parcel 04-21-30-511-0B00-0010
Property Address 1271 BELLE AVE WINTER SPRINGS, FL 32708
Parcel Information Value Summary
2022 Working
Values
2021 Certified
Values
Valuation Method Cost/Market Cost/Market
Number of Buildings 2 2
Depreciated Bldg Value $71,687 $66,152
Depreciated EXFT Value $39,578 $33,363
Land Value (Market)$339,410 $308,088
Land Value Ag
Just/Market Value $450,675 $407,603
Portability Adj
Save Our Homes Adj $0 $0
Amendment 1 Adj $2,312 $0
P&G Adj $0 $0
Assessed Value $448,363 $407,603
2021 Tax Amount without Exemptions:$6,559.92
2021 Tax Bill Amount:$6,559.92
2021 Tax Savings with Exemptions:$0.00
* Does NOT INCLUDE Non Ad Valorem Assessments
Legal Description
LOTS 1 2 & 3 (LESS RD) BLK
B
JOHNSONS POULTRY FARMS
PB 6 PG 8
Parcel 04-21-30-511-0B00-0010
Owner(s)BK SPORTS ENTERPRISES INC
Property Adrress 1271 BELLE AVE WINTER SPRINGS, FL 32708
Mailing 1271 BELLE AVE
WINTER SPGS, FL 32708-2965
Subdivision Name JOHNSONS POULTRY FARMS
Tax District W1-WINTER SPRINGS
DOR Use Code 21-RESTAURANT
Exemptions None
Agricultural
Classification No
Taxes
Taxing Authority Assessment Value Exempt Values Taxable Value
SJWM(Saint Johns Water Management)$448,363 $0 $448,363
CITY WINTER SPRINGS $448,363 $0 $448,363
FIRE FUND $448,363 $0 $448,363
COUNTY GENERAL FUND $448,363 $0 $448,363
Schools $450,675 $0 $450,675
Sales
Description Date Book Page Amount Qualified Vac/Imp
TRUSTEE DEED 09/25/2020 09724 1385 $650,000 No Improved
CERTIFICATE OF TITLE 05/01/1997 03240 0380 $100 No Improved
WARRANTY DEED 07/01/1986 01752 0856 $360,000 No Improved
~/ParcelDetailInfo.aspx?PID=0421305110B000010 Page 1/3
127
Land
Method Frontage Depth Units Units Price Land Value
SQUARE FEET 51348 $6.61 $339,410
Building Information
#Description Year Built
Actual/Effective Stories Total SF AppendagesExt Wall Adj Value
$70,667 Description
Repl Value
1 MASONRY PILASTER .1975/1985 1 825.00 WOOD SIDING WITH WOOD
OR METAL STUDS Area$42,047
UTILITY FINISHED 132.00
CARPORT
UNFINISHED 336.00
OPEN PORCH
FINISHED 132.00
Building 1 - Page 1
#Description Year Built
Actual/Effective Stories Total SF AppendagesExt Wall Adj Value
$45,953 Description
Repl Value
2 MASONRY PILASTER .1989 1 360.00 CONCRETE BLOCK -
MASONRY Area$29,640
OPEN PORCH
FINISHED 159.00
OPEN PORCH
FINISHED 195.00
Building 2 - Page 1
Permits
Permit #Description Agency Amount CO Date Permit Date
00949 CONSTRUCT GO CART Winter
Springs $0 7/1/1996
00528 INSTALL VINYL SIDING ON EXTERIOR; GATE GAS Winter
Springs $2,600 3/1/1998
00483 REPAIR EXISTING ROOF Winter
Springs $0 3/1/1998
26489 SIGN 895 434 SR W Winter
Springs $0 2/1/1995
24961 MOBILE SIGN 895 ST RD 434 W Winter
Springs $500 9/1/1994
18429 POLE SIGN 895 HWY 434 W Winter
Springs $2,744 1/1/1992
~/ParcelDetailInfo.aspx?PID=0421305110B000010 Page 2/3
128
02977 INSTALL 5' GREASE HOOD Winter
Springs $5,000 10/2/2003
03911 INSTALL 3/4" SHUT-OFF VALVES (QUANTITY 3)Winter
Springs $500 11/11/2003
04063 INSTALL FIRE SYSTEM IN EXHAUST HOOD Winter
Springs $1,700 12/5/2003
01408 ELECTRICAL - INSTALL 30 AMP CIRCUIT TO LIFT STATION Winter
Springs $985 4/1/2003
00477 DUMPSTER ENCLOSURE Winter
Springs $2,375 2/25/2004
01790 REROOF W/SHINGLES Winter
Springs $2,126 7/28/2008
24292 SIGN 895 ST RD 434 W Winter
Springs $380 5/1/1994
04730 INSTALL NEW 60 AMP SERVICE FOR IRRIGATION SYSTEM Winter
Springs $750 10/4/2005
Extra Features
Description Year Built Units Value New Cost
WOOD UTILITY BLDG 10/01/1989 414 $1,325 $3,312
POLE LIGHT STEEL 1 ARM 12/01/1989 4 $4,620 $4,620
POLE LIGHT STEEL 4 ARM 12/01/1989 1 $6,751 $6,751
COMMERCIAL CONCRETE DR 4 IN 10/01/2004 196 $431 $784
FACE BLOCK WALL 10/01/2004 228 $787 $1,430
PATIO CONC COMM 10/01/1989 6,708 $10,652 $26,631
CANOPY AVG COMM 10/01/1979 625 $2,995 $7,488
COMM: ALUM SCREEN PORCH W/CONC FL 03/01/1999 264 $1,076 $2,690
12' CHAIN LINK FENCE 10/01/1989 408 $3,072 $7,679
COMMERCIAL ASPHALT DR 2 IN 10/01/1979 3,528 $2,822 $7,056
WALKS CONC COMM 10/01/1989 1,185 $1,882 $4,704
COMMERCIAL ASPHALT DR 2 IN 10/01/1989 3,956 $3,165 $7,912
Zoning
Zoning Zoning Description Future Land Use Future Land Use Description
C-2 Commercial Retail Commercial
Utility Information
Fire Station Power Phone(Analog)Water Provider Sewer Provider Garbage Pickup Recycle Yard Waste Hauler
24.00 DUKE CENTURY LINK WINTER SPRINGS CITY OF
CASSELBERRY NA NA NA NA
Political Representation
Commissioner US Congress State House Voting PrecinctState Senate
Dist 2 - Jay Zembower Dist 7 - Stephanie Murphy Dist 28 - David "Dave" Smith Dist 9 - Jason Brodeur 46
School Information
Elementary School District Middle School District High School District
Winter Springs Milwee Winter Springs
~/ParcelDetailInfo.aspx?PID=0421305110B000010 Page 3/3
129
City of Winter Springs
Code Enforcement Division
January 24, 2023
2022CE000200
COMPLIANCE HEARING (MASSEY)
1271 BELLE AVE
BK SPORTS ENTERPRISES INC
I am requesting the Code Enforcement Board find the Respondent in
violation of: WS CITY ORD. 9-241, 8-33
130
WS CITY ORD. 9-241
STORMWATER MANAGEMENT
(a)The design concept for drainage systems in proposed developments shall be approved by the city
engineer. All drainage systems shall have a positive outlet or overflow unless documented as being
unnecessary by geohydrologic investigation based on a twenty-five-year design storm.
(b)All drainage facilities shall be designed for a rainfall of a twenty-five-year/twenty-four-hour return
period using an SCS Type II Modified rainfall distribution. The twenty-five-year/twenty-four-hour storm
is the "design storm".
(c) The drainage system for each subdivision shall include a sufficient facility to remove stormwater without
flooding any lot in the proposed subdivision or in the surrounding territory.
All residential floor elevations shall be elevated to a minimum of eighteen (18) inches above base flood
elevation.
All nonresidential finished floor elevation shall be elevated to a minimum of eighteen (18) inches above the
base flood elevation unless flood proofed in accordance with section 8-52(2) of the Flood Damage
Prevention Code.
131
WS CITY ORD. 9-241
STORMWATER MANAGEMENT
(2) Wet bottom ponds.All wet bottom ponds must have side slopes no steeper than four (4) horizontal to one (1)
vertical measured from the top of the berm down to at least three (3) feet below the normal water level,
measured vertically. This is the side slope transition point. Side slopes may then transition, from the transition
point, to no steeper than two (2) horizontal to one (1) vertical down to the pond bottom. Wet bottom pond side
slopes steeper than these values are not allowed. If a fence is used, it must be of the same specifications as the
fence for dry bottom ponds.
(3) All ponds.Retention, detention, percolation, and treatment of stormwater are required by the city.
Stormwater regulations, criteria and requirements of the State of Florida, St. Johns River Water Management
District and the Department of Environmental Protection, as they may exist and be modified from time to time,
are to be the regulations, criteria, and requirements which the city shall utilize for review of stormwater facilities.
All city stormwater requirements shall also apply in addition to any federal and state requirement. If there is a
conflict between requirements, the stricter requirement will apply. All ponds shall have a minimum ten (10) foot
wide stabilized maintenance berm capable of supporting a maintenance vehicle. There shall be a minimum ten
(10) foot wide easement to each pond dedicated to the city and the homeowners' association (if planned). All
fenced ponds must have a locked gate with ten-foot wide gate opening.
132
WS CITY ORD. 8-33
Development Permit Required
Any owner or owner's authorized agent (hereinafter "applicant") who intends to
undertake any development activity within the scope of this chapter, including
buildings, structures and facilities exempt from the Florida Building Code, which is
wholly within or partially within any flood hazard area shall first make application to
the floodplain administrator, and the building official if applicable, and shall obtain
the required permit(s) and approval(s). No such permit or approval shall be issued
until compliance with the requirements of this chapter and all other applicable codes
and regulations has been satisfied.
133
1270 Belle Ave
Photo 1
Findings
Retention pond being filled in
with no approved permits.
Parking lot facing East towards SR
434
January 24, 2022
134
1271 Belle Ave
Photo 2
Findings
Side view of fill dirt delivered
taken from the North side of
the property facing South.
January 24, 2022
135
1271 Belle Ave
Photo 3
Findings
Fill dirt photo taken from
the East looking towards
the building.
January 24, 2022
136
1271 Belle Ave
Photo 4
Findings
Stop Work Order
posted at property.
137
1271 Belle Ave
Photo 5
Findings
2 Stop Work
Orders were
posted, one
on either
end of the
dirt piles.
138
1271 Belle Ave
Photo 6
Findings
Person
contracted
by the
property
owner to fill
the retention
pond in. He
was stopped
by Chief
Tracht.
139
1271 Belle Ave
Photo 7
Findings
All dirt was pushed
into the retention
pond. Stop Work
Orders were on the
ground. Notices
were reposted and
caution tape strung
between them.
140
1271 Belle Ave
Photo 8
Findings
All dirt was pushed
into the retention
pond. Stop Work
Orders were on the
ground. Notices
were reposted and
caution tape strung
between them.
141
1271 Belle Ave
Photo 10
Findings
Stop work orders
knocked over again.
Stakes were
secured and shop
manager notified
that they must
remain up until
permit is approved.
142
1271 Belle Ave
Photo 11
Findings
Retention pond is
filled in and yard
debris have been
dumped in the
hole.
143
1271 Belle Ave
Photo 12
Findings
Retention pond is
filled in and yard
debris have been
dumped in the
hole.
144
1271 BELLE AVE
BK SPORTS ENTERPRISES INC
Suggested Findings of Fact / Conclusion of Law
Based upon the photo evidence and testimony presented at this hearing I am recommending the
respondent be found in Non-Compliance and a fine of $250.00 a day be imposed.
145