HomeMy WebLinkAbout2007 01 22 Public Hearing 202 Parcel 14
CITY COMMISSION
AGENDA
January 22. 2007
Meeting
Consent
Information
Public Hearin2 X
Re2ular
ITEM 202
MGR f1/ IDEPT eJ14-
Authorizationt/
REQUEST: The Community Development Department requests that the City
Commission hold a Public Hearing to consider a PUD amendment for Parcel 14 of the Oviedo
Marketplace PUD (and Development of Regional Impact - DRI) by The Viera Company.
PURPOSE: The Oviedo Marketplace DRI (formerly Oviedo Crossing and DLI
Properties) is under three jurisdictions: Seminole County, City of Oviedo, and the City of Winter
Springs. The only portion ofthe DRI within the City of Winter Springs is Parcel 14 (49.5 acres).
The previously approved development program for the Oviedo Marketplace DRI allowed
residential use within the DRI, although it was not specified for Parcel 14. The NOPC, as
approved by the City Commission on March 27, 2006, allowed the owner to convert 29,000 SF
of the 160,000 SF total retail use allocated to this parcel into as many as 100 residential units.
This PUD amendment serves as the preliminary development plan, which is the set of documents
delineated in Section 20-356 of the City Code. These documents serve as the general
development standard for the PUD district. The PUD amendment depicts the initial division of
the property and primary roadway, sanitary sewer, and potable water stub-outs.
The City Attorney has opined that the amendment should proceed through the process set forth in
Part A of the PUD section. Some of the PUD issues in the Code have already been addressed
through the DRI process. The issues that have already been addressed through the DRI process
include, but are not limited to, the following: the DRI master-plan, storm-water management, and
phasing; maximum height; the maximum number of residential units; and setbacks from the
existing Tuscawilla residential development (Unit 7). Some specific issues related to the future
development of this site are unknown at this time. The first portion of Parcel 14 to develop will
establish a portion of the pattern to which the rest of Parcel 14 must be designed to
accommodate.
APPLICABLE LAW AND PUBLIC POLICY:
Chapter 380. Florida Statutes
Comprehensive Plan
January 22, 2007
Public Hearing Item 202
Page 2 of6
Chapter 20. Article IV. Planned Unit Developments. Division 2. Part A. Planned Unit
Development
CHRONOLOGY:
1995- Property annexed into Winter Springs
Aug. 8. 1995- Amended Settlement Agreement between City of Winter Springs, City of Oviedo,
The Viera Company and Rouse-Orlando to provide for better intergovernmental relations and
coordination of planning efforts.
Nov. 12. 2001- Ord. 2001-45 changed the Future Land Use Map designation from Seminole
County "Planned Development" and "Conservation" to City of Winter Springs "Mixed Use".
Nov. 12.2001- DRI Development Order approved by the Winter Springs City Commission.
Jan. 14. 2002- Ord. 2001-58 changed the Zoning Map designation from Seminole County
"Planned Unit Development" to City of Winter Springs "Planned Unit Development".
Nov. 2. 2005- Notice of Proposed Change submitted to the City of Winter Springs, to the East
Central Florida Regional Planning Council, and to the Bureau of State Planning, Department of
Community Affairs.
Dec. 16. 2005- Response from the East Central Florida Regional Planning Council opining that
the proposed changes do no result in an automatic substantial deviation determination pursuant to
the threshold criteria of section 380.06(19),Florida Statutes.
Dec. 20. 2005- Public Hearing date notification sent to East Central Florida Regional Planning
Council and to the Bureau of State Planning, Department of Community Affairs per
380.06(19)(f)3-4, Florida Statutes.
Dec. 22. 2005- LP A Ad in Orlando Sentinel
Dec. 22. 2005- Response from the Bureau of State Planning, Department of Community Affairs
received with objections to the proposed request.
Dec. 22. 2005- Request from Applicant's Attorney to postpone to a date certain (Feb. 1, 2006)
the LP A public hearing.
Jan. 4. 2006- LP A hearing postponed to date certain- Feb. 1, 2006.
Feb. L 2006- LPA heard the request for amending the DRI Development Order and was unable
to get a majority vote for recommending either approval or denial of the request. Each motion
resulted in a 2-2 vote.
Feb. 16.2006- Public Noticing in Orlando Sentinel of Public Hearing for DRI NOPC
Feb. 27. 2006- Commission postponed consideration of the Oviedo Marketplace DRI NOPC to
Date Certain (March 27,2006) to preserve the advertising, at the request of the Applicant.
March 22.2006- Applicant held an informal meeting with neighbors and interested persons.
March 27. 2006- Commission approved NOPC for as many as 100 town-homes.
Page 2
January 22,2007
Public Hearing Item 202
Page 3 of6
CONSIDERATIONS:
Location - Parcel 14 (Tax parcel ID # 17-21-31-300-001H-0000) is located west of the Oviedo
Marketplace Mall and Dovera Drive and north of Red Bug Lake Road.
Total Acreage- 49.5 acres, more or less.
Site Information - The property (Parcel 14) is part of the Oviedo Marketplace Development of
Regional Impact and was formerly known as Oviedo Crossing and DLI Properties. The overall
DRI is a mixed use development consisting of approximately 431.2 acres. The DRI which is
located in Seminole County at the intersection of the Central Florida Greeneway and Red Bug
Lake Road, includes a large regional shopping center, a medical campus and wellness center, and
several small parcels with retail, office and residential uses.
The Oviedo Marketplace DRI is under three jurisdictions: Seminole County (163 acres), City of
Oviedo (218.6 acres) , and the City of Winter Springs (49.5 acres). The only portion of the DRI
within the City of Winter Springs is Parcel 14. The Oviedo Marketplace DRI is also in the
Dovera Community Development District.
Parcel 14 compliments and provides a transition between the mall and the adjacent residential
neighborhoods. Parcel 14 has a "Mixed Use" Future Land Use and a "Planned Unit
Development" Zoning designation. The parcel is vegetated primarily with wetland hardwoods.
Existing wetlands on the site and an existing settlement agreement on the DRI reduces the
developable acreage from 49.5 acres to 15.1 acres. Part of the 15.1 acres designated for
development through the DRI approvals are comprised of mixed wetland hardwoods (see sheet 6
of 12) - the applicant needs to demonstrate adequate mitigation has been or will be accomplished
for those wetlands that are to be developed.
Existing Land Uses - The Winter Springs portion (Parcel 14) is included in Phase 3 and is still
undeveloped. Adjacent existing land uses, zoning and FLUM designations include the
following:
Existing Land Uses Zo n i n g FLUM
Subject Sites Undeveloped PUD(WS) Mixed Use (WS)
North Single Family Residential PUD (WS) Low Density Residential
(WS)
South Medical Offices PUD (SC) PD (SC)
East Hospital/Office; Retail/Office; PUD (OV) & PD (OV) & HIPD (SC)
and Stormwater Retention J:>YP(~G} ..
...............
West Single Family Residential R-IA (SC) Low Density Residential
(SC)
(WS) Winter Springs; (SC) Seminole County; (OV) Oviedo
Development Trends - The majority of the DRI is built-out. The build-out date has been
extended for Phase 3 (by Seminole County, Oviedo, & Winter Springs) from 2005 to 2007.
Page 3
January 22, 2007
Public Hearing Item 202
Page 4 of 6
Existing Winter Springs DRI Development Order - Parcel 14 is currently designated as
retail/office, with the ability to convert 29,000 square feet of retail/office to as many as 100 town-
house dwelling units, with a "build-out" date of December 31,2007. Of the 49.5 acres, only 15.1
are stated to be developable.
Oviedo and Seminole County DRI Development Orders - Each were amended during 2005,
extending the build out date to late 2007. Additionally, The Oviedo DRI Development Order
removed 10,000 SF of retail space from Parcel 13 (which is adjacent to Tuscawilla Units 7 & 13
in Winter Springs) and replaced it with 180 townhouses.
Amended Settlement Agreement- The Amended Settlement Agreement of 1995 prohibits
development within 250' ofthe boundary of the project, requires stepping the height of buildings
depending upon the setback distance, and requires a buffer to the residential areas. Bike Paths
and Pedestrian Walkways are required as alternative forms of transportation on the project site.
Winter Springs may, but is not required to provide municipal services to Parcel 14.
NOPC to the DRI Development Order: The applicant proposed to amend the DRI Development
Order for Parcel 14 as follows: 1) add townhouse to the equivalency matrix; 2) convert 29,000
SF (ofthe 160,000 SF total retail use allocated to this parcel) into 132 residential units; and 3)
extend the build out date from 12/31/05 to 12/30/07, an extension oftwo years, less one day.
The City Commission approved the request, but allowed a maximum of 100 residential town-
home units.
Facilities and Services
Mitigation for all traffic impacts through the current build out date has been completed. As
stated in the Seminole County Development Order, the Seminole County Commission has
determined that "adequate public facilities are available for Phase 1, Phase 2, and Phase 3 of the
Project." Phase 3 of the development plan includes development of Parcel 14.
Major access to the site is by way of Red Bug Lake Road, a 6-laned minor arterial roadway,
currently operating at Level of Service "B", between Slavia Road and SR 417. The Development
Order is required to not reduce the levels of service below the adopted level of service standards
(9J-5.0055, FAC).
Seminole County currently provides water and sanitary sewer to Oviedo Marketplace and is
anticipated to be the provider of these services to Parcel 14 as well. The Settlement Agreement
states that it may be possible for the services to be assigned to the City of Winter Springs via a
utility service agreement between Seminole County and the City of Winter Springs. City staff
recommends this approach - an agreement for the County to wholesale water and sewer services
to the City to serve Parcel 14. Indeed, there are no utility easements from Duncan Drive
(Tuscawilla Unit 7) to the property to allow access to the City's water and sanitary sewer
infrastructure. The County has indicated that there is sufficient capacity to serve the
development without lowering the County's adopted level of service. .
Fire and Police have in place a First Responder Agreement, which means that the closest station
responds to the emergency. The closest station to Parcel 14 is Seminole County Fire Station 27
on Red Bug Road. The closest Winter Springs Fire Station is Station 26 on Northern Way in
Tuscawilla.
Page 4
January 22,2007
Public Hearing Item 202
Page 5 of6
Compatibility with Environmental Regulations
At this time, there are still questions regarding what mayor may not have been vested from the
overall DRI approvals and the applicability of the City's Comprehensive Plan (e.g. 25' upland
wetland buffer requirement and demonstration that the existing wetlands within the 15.1 acres
were previously mitigated for development). Staff believes that if wetland mitigation and/or
buffers were already approved for the entire site, the applicant must demonstrate approvals and
vesting. Staff believes that a listed species survey will be required with the specific site and/or
subdivision plan submittals.
Compatibility with Surrounding Development
The proposed development is compatible with surrounding uses, given the Amended Settlement
Agreement and DRI Development Order.
Compatibility with Comprehensive Plan
The proposed change is consistent with the adopted future land use designation of Mixed Use
(which allows residential along with retail and office commercial and which stipulates that no
more than 75% of anyone type of land use will be permitted to dominate the site [Future Land
Use Element, Policy 4.2.1]). The Mixed Use designation allows a maximum density of 12.0
dwelling units per acre and a 1.0 floor area ratio. Staff has inquired of the applicability of
several of the Comprehensive Plan environmental requirements to the City Attorney. It appears
that the applicant must demonstrate prior approvals from the regulatory agencies and show
vesting before any actual construction may occur.
FINDINGS:
1. The proposed PUD amendment for the Oviedo Marketplace Parcel 14 is compatible with
state and federal environmental regulations;
2. The proposed PUD amendment is compatible with surrounding development;
3. The proposed PUD amendment is compatible with the City's Comprehensive Plan;
PLANNING & ZONING BOARD ACTION: At its regularly scheduled meeting of
January 3, 2007, the Planning and Zoning Board voted to recommend the proposed PUD
amendment be approved, subject to the applicant demonstrating that the wetlands depicted within
the 15.1 acres have been mitigated through the appropriate agency and that upland buffers have
been previously approved for the site. Otherwise, the applicant must preserve wetlands and
provide the 25' minimum upland buffer or mitigate for the wetlands within the 15 acres through
the subdivision process.
Page 5
January 22,2007
Public Hearing Item 202
Page 6 of6
RECOMMENDATION: The Planning and Zoning Board and staff recommend the
City Commission approved the proposed PUD amendment, subject to the applicant
demonstrating that the wetlands depicted within the 15.1 acres have been mitigated through the
appropriate agency and that upland buffers have been previously approved for the site.
Otherwise, the applicant must preserve wetlands and provide the 25' minimum upland buffer or
mitigate for the wetlands within the 15 acres through the subdivision process.
ATTACHMENTS:
A- Draft P&Z minutes
B- Oviedo Marketplace PUD amendment submittal
CITY COMMISSION ACTION:
Page 6
ATTACHMENT A
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING
JANUARY 3, 2007
CALL TO ORDER
The Planning and Zoning BoardlLocal Planning Agency Regular Meeting of Wednesday,
January 3, 2007 was called to Order at 7:00 p.m. by Chairperson Rosanne Karr in the
Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434,
Winter Springs, Florida 32708).
Roll Call:
Chairperson Rosanne Karr, present
Vice Chairperson Linda Tillis, present
Board Member Tom Brown, present
Board Member William H. Poe, present
Board Member Denise Ryser, present
After a moment of silence, Chairperson Karr led the Pledge of Allegiance.
PUBLIC INPUT
No one spoke.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
100. Not Used.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
200. Community Development Department - Planning Division
Requests That The Planning And Zoning Board Hold A Public Hearing To
Consider A PUD (Planned Unit Development) Amendment For Parcel 14 Of The
Oviedo Marketplace PUD (Planned Unit Development) (And Development Of
Regional Impact - DRI) By The Viera Company.
Mr. John Baker, AICP, Senior Planner, Community Development Department introduced
this Agenda Item and said, "The Applicant needs to show us that adequate mitigation has
been done or will be accomplished before those wetlands can actually be developed."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - JANUARY 3, 2007
PAGE20F9
Mr. Baker said, "We recommend that the P and Z Board (Planning And Zoning Board)
recommend to the City Commission Approval of the proposed Amendment subject to the
Applicant demonstrating that the wetlands depicted within the 15.1 acres have been
mitigated through the appropriate Agencies and the upland buffers have been previously
Approved for this Site. Otherwise, they will need to provide the twenty five foot (25')
minimum upland buffer or mitigate for the wetlands. So, we do recommend Approval."
Mr. Raphael F. Hanley, Associate Division Counsel, The Viera Company, 7380 Murrell
Road, Suite 201, Viera, Florida: spoke briefly about this Parcel Site.
Mr. Baker said, "Weare not saying that it has not been mitigated - that it is not ready for
development - I have not seen the documentation of that." Chairperson Karr asked, "So,
you are waiting on documentation?" Mr. Baker said, "Yes."
Mr. Rick Merkel, P.E., Principle of Land Development, Professional Engineering
Consultants, 200 East Robinson Street, Suite 1560, Orlando, Florida: Mr. Merkel said,
"I brought some of the documentation for the Permits tonight that show the Permits that
were granted in evidence that the wetlands were mitigated and signed off by the [St.
John's] River Water Management District - but, I have some graphics that I will have to
bring or give to you or submit to you separately."
Mr. Merkel said, "The whole 500 acre Parcel at Oviedo Marketplace provided for
mitigation for approximately ten (10) acres of wetland impacts globally and that
mitigation was completed and accepted by the [St. John's] River Water Management
District in - February [20] 06. We have documentation that will provide for that purpose
also." Mr. Merkel then said, "When we Permitted the wetland impacts, we also permitted
- wetland preservation map that established the wetland boundaries that defined the
perimeter of this piece of property, the developed part of this property.
When we went through this process both with the C.O.R.P. (United States Army Corps)
of Engineers and the [St. John's] River Water Management District, they normally
require a secondary upland buffer, but because the property had been agriculturally
maintained as a sod field before the project ever developed, they basically waived the
secondary buffer requirements and established the wetland limits for the preservation and
conservation purposes to be the wetland boundary itself. The secondary impacts of the
wetlands were deemed not - buffers that would otherwise protect secondary impacts were
not required. And so, the limits of the wetlands - are regulated by the State and so the
twenty five foot (25') buffer that John [Baker] speaks about was offset by the mitigation
plan approved some years ago."
Advisory Board Member Denise Ryser asked, "So, all of [Parcel] l4B is going to be
residential?" Mr. Merkel said, "That is correct."
Discussion.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - JANUARY 3, 2007
PAGE 3 OF 9
Chairperson Karr opened the "Public Input" portion of this Agenda Item.
No one spoke.
Chairperson Karr closed the "Public Input" portion of this Agenda Item.
"I WOULD LIKE TO MAKE A MOTION THAT THE P AND Z (PLANNING
AND ZONING BOARD) RECOMMEND TO THE CITY COMMISSION
APPROVAL OF THE PROPOSED PUD (PLANNED UNIT DEVELOPMENT)
AMENDMENT, SUBJECT TO THE APPLICANT DEMONSTRATING THAT
THE WETLANDS DEPICTED WITHIN 15.1 ACRES HAVE BEEN MITIGATED
THROUGH THE APPROPRIATE AGENCY AND THAT UPLAND BUFFERS
HAVE BEEN PREVIOUSLY APPROVED FOR THE SITE. OTHERWISE, THE
APPLICANT MUST PRESERVE WETLANDS AND PROVIDE THE TWENTY
FIVE FOOT (25') MINIMUM UPLAND BUFFER OR MITIGATE FOR THE
WETLANDS WITHIN THE FIFTEEN (15) ACRES THROUGH THE
SUBDIVISION PROCESS AND ALSO THE FINDINGS, THE THREE (3)
FINDINGS SUBMITTED BY THE CITY." MOTION BY ADVISORY BOARD
MEMBER BROWN. SECONDED BY ADVISORY BOARD MEMBER POE.
DISCUSSION.
VOTE:
BOARD MEMBER RYSER: AYE
VICE CHAIRPERSON TILLIS: AYE
BOARD MEMBER POE: AYE
BOARD MEMBER BROWN : AYE
CHAIRPERSON KARR: AYE
MOTION CARRIED.
REGULAR AGENDA
REGULAR
300. Community Development Department
Requests The Planning And Zoning Board Consider The Final Engineering/Site
Plan For The AmSouth Bank, Located On A Commercial Out-Parcel Of The
Parkstone Planned Unit Development (PUD), At The North East Corner Of SR
(State Road) 434 And Parkstone Boulevard.
Mr. Baker presented this Agenda Item and said, "There are some access and traffic
issues. The Applicant and the neighbors want to have the access to and from [State
Road] 434 and the City is saying we really would prefer not to have that."
ATTACHMENT B
Amended and Restated
Oviedo Marketpace 'PUD
Parcel 14
City of Winter Springs, Florida
Parcel 14 is the only portion of the Oviedo Marketplace (formerly known as
Oviedo Crossing) Development of Regional Impact located within the City
of Winter Springs, Florida.
IOn February 27, 2006, the City Commission, City of Winter Springs, at their
regular meeting, approved the City of Winter Springs First Amendment to
the DRI Development Order for Oviedo Marketplace (the "First
Amendment''''). The First Amendment authorizes a development program
for Parcel 14 of 131,000 square feet of retail/office use and up to 100
residential units.
As of the date of the submittal of the Amended and Restated Oviedo
Marketplace PUD (the "Amended PUD") for Parcel 14, The Viera Company
("Viera") is the owner of Parcel 14. Viera has ~ntered into a contract for the
sale of a 3.864 acre portion of Parcel 14, designated as "14A" for office
use.
Because the development of Parcels 14A and 14B will be accomplished by
entities other than Viera, this Amended PUD contains minimal detail, it
being the intention of Viera that when Parcels 14A and 148 are sold, the
purchasers will submit adequate documentation to the City of Winter
Springs for approval of their individual projects. It is further understood that
the site plans, etc. for Parcel 14A will be submitted to the City of Winter
Springs prior to Parcel 14B.
Viera understands and agrees that the'development of the balance of
Parcel 14, designated as "14B" Le., joint driveways, water and sewer
connections and building setbacks must conform to the Parcel 14A site
plan approved by the City of Winter Springs. Sheet A shows the
delineation of Parcels 14A and 14B and also shows the approximate
location of the joint ingress/egress area, the water trunk line into the project
site and the sewer main extension into the project site.
For this Amended and Restated Oviedo"Marketplace PUD for Parcel 14,
contact information is as follows:
Present Owner and. Developer:
The Viera Company
7380 Murrell Road, Suite 201
Viera, FL 32940
Attn: Raphael F. Hanley, Esq.
Stephen L. Johnson
321.242.1200 Phone
321.253.1800 Fax
Rec~'''eD
DIe 2 8 26":
.
C/lY OF WINTE' .~
Permitting & l~ SP~INGS 1
1ceOSlOg ~
Planner (only to the extent of verifyinQ roadway
capacity/mitiaation ):
Glatting Jackson Kercher Anglin
120 North Orange Avenue
Orlando, Florida 32801
407.843.6552 Phone
407.839.1789 Fax
Note: This information was submitted to the City of Winter
Springs in the June 2005 Development of Regional Impact
Annual Status Report
Enaineer (only to the extent of providina leaal descriptions of
Parcel 14 and Parcel 14A ): ..
Professional Engineering Consultants, Inc.
200 E. Robinson Street, Suite 1560
Orlando, Florida 32801
Attn: Richard D. Merkel, P.E., Principal
407.422.8062 Phone
407.849.9401 Fax
There are two types of Phasing for Parcel 14; the phasing established
under the Development Order for the Oviedo Marketplace DRI (Shown on
Sheet 10) and phasing of Parcel 14 under the PUD. The PUD phasing 'is
proposed to constitute two (2) major phases: the development of the
"office" portion of Parcel 14 and the development of the balance of Parcel
14 (tentatively identified as the "residential" portion of Parcel 14 ). Sub-
phasing, if any, will be identified in any future submittals to The City of
Winter Springs for site plan approval.
I
STQRAlWA TER
MANAGEMENT TRACT
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EXHIBIT A
Page 1 of2
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oviedomarketplace PUD
Parce114
City of Winter Springs, Florida
Client
The Viera Company
7380 Murrell Road, Suite 201
Viera, Florida 32940
1-321-242-1200 Local: 407-365-2015
FAX: 1-321-253-1800
Attn: Tom Babcock
Mary Ellen McKibben
Steve Johnson
Planner/Project Mana~er
Glatting Jackson Kercher Anglin
Lopez, Rinehart, Inc.
33 East Pine Street
Orlando, Florida 32801
Phone: 407-843-6552
FAX: 407-839-1789
Attn: Jack Glatting - Principal in Charge
Carey Hayo - Project Manager
Julie Ping (Asst)
John Moore - Transportation Planner
Christi Elflein - Planner
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I
Legal Counsel
Lowndes Drosdick Doster Kantor & Reed
215 North Eola Drive
P. O. Box 2809
Orlando, Florida 32801
Phone: 407-843-4600
FAX: 407-423-4495
Attn: Hal Kantor, Esquire
Terri Ammon (Asst)
Pat Rinka, Esquire
Engineer
Professional Engineering Consultants, Inc.
200 East Robinson Street, Suite 1560
Orlando, Florida 32801
Phone: 407 -422-8062
Fax: 407-849-9401
Attn: Rick Merkel
Winnie Sear
Master Plan
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LESS AND EXCEPT THE FOLLOWING DECR/BED TRACT OF LAND,
LEGAL DESCR/pnON, PARCEL 14B
A TRACT OF LANO LYING IN s<cTION 17, 1I)IINSTIIP 21 SOUTH, RANGE J/ <;4ST,
OESCR/BED AS FOLLOWS:
COI./MENCE A T THE SOUTHEAST IXJ/INEf/ OF IUSCAMLLA IINIT 7, ACCtJROING 11)
THE PLAT 1/ICREOF AS RECOROEO IN !'LAT 800K 22, PAGES 46 ANO 47 OF THE
I'UBLlC HECOROS OF SDIlNOLE COl/NTY. FLORIOA FOR A I'OINT OF REm/ENCE:
THENCE RUN SOUTH 01'07'52' EAST, J/9.02 FEET; THENCE RUN SOUTH 89'07'40' EAST,
217.75 FEET IV THE f'OINT OF BEGlNJllNG: THENCE RUN SOIJTH 89'07'40' <;4ST. 303.00
FEET,' THENCE RLIN SOUTH 14'J2'l9' EAST, /69.91 FEET; THENCE RUN SOUTH 71'20.10'
EAST, 164.74 FEET IV A f'OINT LYING ON THE IlESIC11t.Y R<<;HT-OF-WAY LINE OF OOIf11A
ORIVE. ACCOIIOING IV THE !'LA T OF OWEOQ CROSSINt; - !'HASE ~ AS RECIJf/OED HI
PLA T BOOK ~ PAGES 2!J AND JO OF SAID I't/8LIC RECOROS; THENCE RIJN. ALONG
SAl0 IIESIC11t.Y RIGHt-OF-WAY LINE THE FOLLOIITNG COIJR~ SOUTH 5575'44'
OCST, 200.22 FEET IV THE f'OINT OF C!.IIIVATIJI/E OF A CURVE CONCAVE .
SOUTHEASTa?L Y; THENCE R/JN SOUTHOCSIC11t. r. ALONG SAID CURVE. HA VlNG A
f/Al)/(J$ OF 950.00 FEET, A CENTRAl. ANGI.t OF T9'06~: AN ARC LOOTH OF 316.71
FEET, A 0I0R0 LOOTH OF JT5.25 FEET AND A Q/ORO BEAI/ING OF SOUTH 45"42'41'
=T 11) THE POINT OF TANGENCY; THENCE RLIN SOUTH S6W'J9' =T, 23.88 FEE~
THENCE OEI'ARTTNG SAID OCSTERLY RIGHT-OF-WAY LINE. RLIN NORTH 5J'48'T6'
~ST, 21.85 FEET IV THE I'OINT OF CURVATIJIIE OF A CURVE CONCAVE
NORTHEASIC11t. Y; /IIEJ/Ct R/JN NOR7HOCSIC11t. r. ALONG SAID CURVE. HA VIII(; A
f/Al)/(J$ OF 201.76 FEET, A COITRAI. ANCI.C OF 5472'42: AN ARC LENCTH OF lDaSO
FEET, A Q/ORO LENCTH OF 18J.86 FEET AND A CHORD 8EARING OF NOIITH 26"41'56'
I/f;T TO THE POINT OF TANGENCY; THENCE R/JN NORTH 00'24'25' EAST, 395.50 FEET
IV THE f'OINT OF BEGINNING. .
THE ABOVE DESCRIBED TRACT OF lAND LIES IN THE CITY OF WINTER
SPRINGS, SEMJNIOl.E COUNTY, FLORIDA AND CONTAINS 11.265 ACRES,
MORE OR LESS.
A TllACT OF LANa LYING /N SECTION 17. TOIINSHIP 21 SOUTH. RANGE 31 EAST, OESCR/BEO AS
FOLLOw.;:
COMMENCE A T THE SOUTHEAST CORNER OF 1l/SCA HILLA UN/T 7. ACCOROING TO
THE PLAT IHE1?EOF AS RECORaED IN PLAT BOOK 22, PAGES 46 ANa 47 OF THE
P1JOUC RECORf)S OF SEMINOLE COt/NTY. FLORIOA FOR THE POINT OF BEGINNING;
THENCF Rl/N SOUTH 01'07'52' EAST. 319.02 FEET; THENCE RIlN SOUTH
89"J7'40' E>lST, 520.75 FEET; THENCE RLIN SOl/TH 14"32'19' E>lST, 169.91
FEET; THENCE RUN SOt/TH 71'20'10' EAST. 164.74 FEET TO A POINT ON THE
!fESTERLY RIGHT-oF-WAY UNE OF OO~A DR1IIE, ACCORDING TO THE PLAT OF
OIAEOO CROSSING - PHASE 3 AS RECOROEO IN PLA T BOOK ~ PAGES 29 AND 30 OF
SAJO P1JBUC RECOROS: THENCE RUN ALONG SAID !fES7EIIL Y RlGHT-OF-WA Y LINE
THE FOlLOHlNG COtIRSE5.' SOUTH 5575'44' !fEST. 200.22 FEET TO THE POINT
OF CV/?VA lURE OF A Ct/RI,f; CONCA I,f; SOIJTHEASTERL Y; THENCE RtlN
5OlITHWES7EIILY ALONG SAID CV/?VE. HAVING A RADIUS.OF 950.00 FEET. A
CENII?AL ANGLE OF 19'06'os: AN ARC LENGTH OF JT6.71 FEET, A CHORD
LENGTH OF J/5.25 FEET ANa A CHORD BEARING OF SOUTH 45'42'41' HEST TO
THE POINT OF TANGENGY; THENCE RLIN SOIlTH S6'09'J9'!fEST, 275.10 FEET
TO THE POINT OF C/h?VA 1l/RE OF A CV/?11!: COVc.A I,f; SOUTHEASTERL r: THENCE Rl/N
SOtI/HWESTFJ/LY ALONG SAlO ClIRVE. HAVING A RADIUS OF BOaOO FEET. A
CENII?AL ANGLE OF 17'4B':15: AN ARC LENGTH OF 248.67 FffT, A CHORD
LENGTH OF 247.67 FEET ANa A CHORD BEARING OF SOUTH 2n5'21" !fEST TO
TIlE NORTHEAST CORNER OF LOT 12. OV/eVO CROSSfNG - PHASE 18. ACCOROINC
TO THE PiA T 1HE11EOF AS RECORDED IN !'LA T BOOK 47. PAGES 80 IHRO/JGH 8J OF
SAlO PIIBUC REciJRoS; THENCE RUN NORTI! 72'46'44" 1lE3'T. ALONG THE
NORTH UNE OF SAID LOT 12. A OISTANa: OF 6J.09 FEET; THENCE Rl/N SOUTH
='12' 1lfST, ALONG SAlO NORTH LINE. 61.20 FEET; THENCE, tJEPAR1ING
SAID NORTH LINE. R1.JN NORTH 40"58'46" 1lfST, ~58 FEET; THENCE RUN
SOIlTH 81':1T'l2' IlfST. JO.42 FEET; THENCE RLIN SOIlTH 35"58'28' IlfST.
17.57 FEET; THENCE RLIN SOtITH O9'41'l5' EAST, 6J.06 FEET; THENCE RtIN
SOI/TI! 09'00'46' !fEST. 34.93 FEET,' THENCE RtJN SOtITH 14"45'04" EAST,
12. T7 FEET,' THENCE RtJN SOtITH J6'(}4'J9' EAST. 37.J9 FEET; THENCE RLIN
SOtITH 5974'.17' !fEST. 62.87 FEET; THENCE RtJN NORTH 58';]7'40' H6T,
48. 76 FEET.' THENCE RtlN NORTH 8870~2' !fEST. 29.54 FEET; THENCE RtIN
SOI/TH 56'56'15' 1lE3'T. 46.57 FEET; THENCE RLIN NORTH 7873'21' IlfST.
56.08 FEET; THENCE RtIN SOUTH 85'SS'07' !fEST, 27.92 FEET; THENCE R1JN
SOtITH 57'J1'32' H6T, 4Q.49 FEET; THENCE RtIN NORTH 78'58'20' IlfST.
59.60 FEET; THENCE RLIN NORTH 8rot1"9' WEST. 42.56 FEET.' THENCE RtIN
NORm 00'47'25' E>IST. 103.16 FEET IV A POINT ON A ClJRI,f; CO\C4lE' TO
THE NORTH; THENCE Rl/N HE:S'T, ALONG SAID C/h?VE. HAVING A RAIJIlJS OF 750.00
FEET. A CEN71?AL ANGLE OF 0.1'4.S'4J'; AN ARC LENGTH OF 49.24 FEET. A
CHORO LENGTH OF 49.24 FEET AND A CHORD BEARING OF NORTH 86'48'20'
/lffT; THENCE RtIN NORTH 66'(}5'J6' EAST, NON-TANGENT TO SAID ClJRVE.
49.26 FEET; THENCE RtIN NOHTH 51"48'10' EAST, 97.22 FEET; THENCE RLIN
NOHTH 67'04'48" EAST, 61.59 FEET; THENCE RLIN NORTH 7716'J9' EAST,
49.21 FEET; THENCF RtIN NORTH 86'07'Q4' EAST, 9Q.61 FEET; THENCE RtIN
NORTH 2979':15' EAST, 31.013 FEET; THENCE RlJN NORTH 8J'25:45' EAST,
12.85 FEET; THENCE Rl/N SOtITH 6077'21' EAST, 2J.95 FEET; THENCE RUN
NORTH 84'2B'46' EAST, 74.35 FEET; THENCE RlJN NORTH 76'00'01' E>lST.
97.02 FEET; THENCE RtIN NORTH 63'50'23' E>lST. 45.02 FEET; THENCE RtIN
NOHTH 22':12'54' EAST. 38.18 FEET; THENCE Rl/N NORTH 41"45"51' EAST.
36.90 FEET; THENCERl/N NORTH 06"48'09' '!fEST. 21.76 FEET; THENCE RLIN
NORTH 12"42'58' EAST, 22.58 FEET; THENCE RtlN NORTH 5O'J7'J" E>lST.
27.29 FffT; THENCE RUN NORTH 7/'22'07' EAST, 45.8J FEET; THENCE RIlN
NORm 58'29'08' EAST, 35.10 FEET; THENCE RLIN NORTH 2r46"51' E>lST,
26.11 FEET) THENCE. RlJN SOUTH 70'24'58' llCST, 27.37 FEET; THENCE RtIN
SOUTH 84'59'07' !fEST! 4J.7J FEET.' THENCE RlJN SOUTH 7JW'2r !fEST,
28.J.J FEET; THENCE Rl/N SOUTH 38'27'.11' IlfST. J4.25 FEET; THENCE RLIN
SOUTH 59"49'5J' IlfST. J2.oo FEET; THENCE RI.IN NORTH 70"40'40' 1lEST,
29.66 FEET; THENCE RLIN SOUTH 8977'06' IlfST. 20.98 FEET; THENCE RLIN
NORTH l0TJ219' !fEST. 22.26 FEET; THENCE RLIN NORTH 76'29'20' !fEST.
24.01 FEET; THENCE RI.IN SOUTH 49'52'JO" !fEST. 54.74 FEET; THENCE RLIN
SOIlTH 767J'29' IlfST. 27.92 FEET; _ R/JN NORTH 55'0615' !fEST.
29.84 FEET; THENCE Rl/N NORTH 85"40'21' !fEST. JJ.57 FEET; THENCE RIJN
NORTH 22'57'50' llCST, 2J.J8 FEET; THENCE RtlN NORTH' 09"J4~7' EAST,
89.96 FEET; THENCE RtlN NORTH 01'42'09' EAST, 124.S6 FEET; THENCE RUN
NORTH 0974'09' EAST, 75.89 FEET) THENCE RLIN NORTH 09'1).]'58' /lffT.
36. 12 FEET; THENCF RLIN NORTH 10'2.1'.32' EAST. 108.92 FEET) THENCE RUN
NORTH lJ:J8'51' HEST, 45.41 FEET.' THENCE RtIN NOIITH 49TJ8'20' !fEST.
27.17 FEET; THENCF RtIN NORTH 74'5J'20' !fEST. 4.J.28 FEET; THENCE RLIN
NORTH 51'25'32' !fEST. 2.J.JO FEET; THENCE RLIN NORTH 8416'24' llCST.
20.46 FEET; THENCE RtIN NORTH 61'13'08" !fEST. 31.11 FEET; THENCE RtlN
NORTH 12"45"56' HEST. 29.84 FEET) THENCE RtlN NORTH 0076'45' !fEST,
,:is.66 FEET; THENCE RtlN NORm 10'50'22' !fEST. 46.62 FEET; THENCE RtIN
NORTH 27'53'2J' !fEST, 7J.05 FEET; THENCE RUN NORTH 4617'2.]' !fEST,
62.4.5 FEET;' THENCE RtlN NORTH 59"4919' llCST, .37.25 FEET; THENCE RtlN
NORTH 28'58'50' llCST, J.74 FEET; THENCE RtIN NORTH 69'07'.27' EAST.
416.21 FEET TO THE POINT OF BEGINNING.
EXHIBIT A
Page 2 of2
12
"
Oviedo Marketplace PUD
[C
Master Plan Notes Continued
(14) Dovera Community Development District
GLATI'ING
JACKSON
KERCHER
ANGliN
LOPEZ
RlNEHART
The Dovera Community Development District (CDD) has been
established to be responsible for the maintenance of all common open
space within the Oviedo Ma.rketplace DR! and thus the Parcel 14 PUD.
The CDO will manage all common open space and recreational and
cultural facilities that are not dedicated to the public, provide for the
maintenance, administration and operation of such land and any other
land within the P"UD not publicly or privately owned, and secure
adequate liability insurance on the land.
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Orb:r.do,PL32al!
1':4078431Xl12
P:407ll3917fi
As stated in the DR! Development Order, "The COO is responsible for
implementing an inspection and maintenance progratIl for all components
of the surface water m.anagement system for the Project site to assure that
the components continue to operate at their design capacities for the life
of the Project_ The CDD shall be responsible for all applicable pennit
conditions imposed with respect to the surface 'Water management system
by the St. Johns River Water Management District."
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This inspection and maintenance program shall include~ but not
necessarily be limited to:
)
a) Stormwater facility operating inspections on a regular basis and
following major rain&l1 events for the removal of excessive sediment,
debris or other flow obstructions;
b) Routine maintenance activities (e.g. mowing~ trash removal. etc.);
c) Ongoing educational programs for maintenance staff personnel
regarding the correct usage of and application rates' for fertilizers and
chemicals (e.g. herbicides) within common areas that contribute runoff to
the stormwater management facilities, the removal of noxious weeds and
retention of desirable aquatic vegetation, and correct procedures for other
maintenance/landscaping-related activities which have the potential for
adversely affecting water quality conditions on the Project site."
(15) Other Development Restrictions_
The Settlement Agreement between the City of Winter Springs, The
City of Oviedo, Seminole County, the Viera Company, and Rouse-
Orlando, lne. lists the following development restrictions:
a) Development. No development, including parking, roads, buildings or
other active uses (but excluding water retention and detention and
drainage facilities) will be permitted within 250 feet of the boundary
bet\iVeen the Project and adjacent resident uses.
b) Heights. Building heights shall not exceed 35 feet within 275 feet of
the boundary of the adjacent residential uses~ 45 feet within 300 feet of
the boundary, nor 65 feet for the remainder of the said parcels which are
adjacent to Tuscawilla_
c) Wall. A 6-foot high masonry wall and 4-inch caliper trees. planted on
40-foot centers will be included in the buffer area shown on the Master
Development Plan, where existing natural vegetation does not exist.
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(16) Parking Lot Restrictions
1. Puking of semi-trocks, tractor trailers or similar large commercial
vehicles shall be limited to 72 hours on the site.
2. Outdoor sales shall not be permitted in parking areas.
3_ The sale of goods and/or services from senri-trucks~ trailers, or similar
equipment shall be prohibited.
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Oviedo Marketplace PUD
Master Plan Notes
(1) Project Name: Oviedo Marketplace POD
Location:
Legal Description:
Site Acres:
POD Type:
See Sheet 1 of 12
See Sheet 2 of 12
:t 49.5 Acres
Planned Commercial/Residential Center
(2) Project Team: See Sheet First Page and Sheet 1 of 12
(3) Vicinity Map: See Sheet 3 ofl2
(4) Existing Land Use and Zoning: See Sheet 4 of 12
(5) Natural Features
Topography and 100 Year floodplain: See Sheet 5 of 12
Land Use and Cover: See Sheet 6 of 12
(6) Soils:
See Sheet 7 ofl2
Exhibit 7, Soils, was derived from the D .L.I. Properties Application for
Development Approval (ADA) soils map.. The map identifies two distinct
soil areas on the site: swamp, which makes up the wetland portion of the site
to be preserved, and fme sand, which makes up the upland portion of the
site. The soils identified on the site include:
)
. Swamp
. Immokalee Fine Sand
. Rutledge Fine Sand
. Leon Fine Sand
. Lakewood Sand
. Pamella fme Sand
These soils are common to other developed areas of Seminole county. The
existence of these other developments, especially those inthe immediate
vicinity of the site, confums the suitability of these soils for future
development.
The lmmokalee, Leon and. Rutledge fine sand series dominate the upland
portion of the site, and are generally associated with transitional soils. They
are often located in nearly level tracts, as they are here, adjacent to wet areas
of tlatwoods, and connected to low lands. This area of the site has
historically been used for farming an4 pasture.
(7) Aerial Photo: See Sheet 8 of 12
(8) Land Use Plan: See Sheet 9 of 12
c
Land Use Acres Develonment
Pro2fam
Development:
. Retail/ Office } 15.1 131,000 Sq. Ft.
. Residential Up to 100 Units
Wetland Conservation 29.2.
, Upland Conservation 5.2
Total 49.5
(9) Max Building Height - See (15) Other Development Restrictions.
(10) Project Phasing:
See Sheet 10 of 12
Parcel 14 is part of Phase 3 of the Oviedo marketplace Development of
Regional Impact.
L
(11) Public Facilities
Adequate public facilities are available for development of Parcel 14.
Roads:
Improvements and mitigations required in the DRl Development
Order prior to developing Parcel 14 are as follows:
Red Bug Lake and SR 436 - The Developer shall pay Developer's
proportionate share of the cost of a study of improvement needs for
the specified intersections, which proportionate share shall be based
on the ratio of Project traffic to total traffic. For purposes oftms
Development Order, Developer's proportionate share shall be
deemed to be $75,000, which shall constitute Developer's mitigation
for the Project's impact upon the specified intersection. Within
thirty days after receipt of written notice from either the Florida
Department of Transportation or Seminole County t:hat such study
has been authorized, Developer shall pay its proportionate share
direcdy to such party. (The Developer has met this obligation.)
SR 434 and SR 426 - As mitigation for any impact on the
intersection of SR 434 and SR 426. Division Street shall be extended
from Mitchell Hammock Road to CR 419 in a 2.,..lane configuration.
Pursuant to Rule 9J-2.045(7) a Florida Administrative Code, this
condition shall be deemed satisfied if such improvement is (i) in place
and operational, (ii) under actual constnJction for the entire
improvement, or (iii) committed for constnJction in the current
three years of the City of Oviedo's Capital Improvement Element.
In addition, Developer shall conveyor cause to be conveyed an
approximately 5.04 acre site as more particularly described on Exhibit
"0" attached hereto to the City of Oviedo for use as wetland
mitigation for South Division Street. This provision shall be
modified by Seminole County in the event that the City of Oviedo
modifies its comprehensive plan with respect to Division Street.
SR 426 must be widened to four lanes from Mitchell Hammock
Road to Winter Springs Boulevard. This improvement mUst be
committed for constnlction within the first 3 years of the FDOT 5
Year Work Program prior to commencement of Phase 3b
development. In the event that this improvement is not committed
for construction within the first 3 years of the FDOT 5 Year Work
Program,. the Developer may proceed "With construction of phase 3b
if Developer (i) advances the funds necessary for the construction of
such improvement. or (ii) conducts a final monitoring/modeling
program in accordance with the requirements of Paragraph 13(a)
above which demonstrates that such improvement is not required.
The status of these improvements is reported in the DRl Annual
Reports.
Sanitary Sewer:
As stated in the Amended Settlement Agreement, "Winter Springs
may. but shall not be required to. provide municipal services to said
Parcel 14; if it does not provide services it shall enter into an
interlocal agreement with another govemmental entity which agrees
to provide such services; Viera and Rouse shall be third party
beneficiaries of the Agreement."
Seminole County is currendy providing sanitary sewer service to
Oviedo Marketplace and is anticipated to be the provider of sanitary
sewer service to Parcel 14 as well. If Seminole County services the
parcel, treatment capacity will be provided at the Iron Bridge
Treatment Plant forwastew-ater generation from the project. Gravity
sewer system improvements exist to the property boundary.
Extension of the gravity sewer system improvements within the
parcel boundary v.rill be constructed, owned and operated by the
parcel developer.
10
12
13
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GLATTING
JACKSON
KERCHER
ANGLIN
LOPEZ
I RINEHART
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Parcel 14 is projected to have a wastewater flo'Vo.1 of 0.0160 MGD
(million gallons per day). This estimate was calculated assuming all
160,000 square feet of approved development area is retail services.
If a mix of uses is built, the wastewater flow may differ.
The adopted level of service standard for sewer in Seminole County
is 300 gallons per day per ERe (Equivalent Residential Connection).
The estimated wastewater flow of 0.0160 MGD for Parcel 14 is
equivalent to 53.3 ERC's. The proposed development therefore
does not exceed the adopted level of service.
Potable Water:
As stated in the Amended Settlement Agreement. "Winter Springs
may, but skill not be required to, provide municipal services to said
Parcel 14; if it does not provide services it shall enter into an
interlocal agreement with another governmental entity which agrees
to provide such services; Viera and Rouse shall be third party
beneficiaries of the Agreement."
Seminole County is currendy providing water service to Oviedo
Marketplace and is anticipated to be the provider of water service to
Parcel 14 as well. Existing Oviedo Marketplace infrastructure
improvements include a 10-inch looped water main within the
intemal road rights-of~way connecting to a 12-inch water main
along Red Bug Lake Road. The 10-inch water main is adjacent to
the Parcel 14 boundary and is fitted for service to the subject parcel.
Parcel 14 is projected to have a potable water demand of 0.0160
MGD (million gallons per day). This estimate was calculated
assuming all 160,000 square feet of approved development area is
retail services. If the proposed mix .of uses is built, the potable water
demand may differ.
The adopted level of service standard for potable water service in
Seminole County is 350 gallons per day per ERC (Equivalent
Residential Connection). The estimated potable water demand of
0.016 MGD for Parcel 14 is equivalent to 45.7 ERC's. The.
proposed development therefore does not exceed the adopted level
of service.
Stormwater Management:
The Dovera Community Development District (CDD) was formed
to assure the accomplishment of the intended objectives of the
proposed stormwater management program and compliance with the
objectives set forth in Chapter 29-F-19.001. Florida Administrative
Code. The DRl Development Order states, "The CDD is
responsible for implementing an inspection and maintenance
program for all components of the surface water management system
for the Project site to assure that the components continue to operate
at their design capacities for the life of the Project. The CDD shall
be responsible for all applicable permit conditions imposed with
respect to the surface water management system by the St. Johns
River Water Management District." The CDD has been established
and is in place to maintain COIDIOon areas in Parcel 14.
The master drainage system for all of Oviedo Marketplace was
designed and pennitted t.~ough the St. Johns River Water
Manageq1ent District and Seminole County and meets the City of'
Winter Springs 25 year, 24-hour storm event LOS standard.
Fire Protection:
Fire protection will be provided by the City of Winter Springs.
(12) All exhibits indicate the tide. date of submittal, and dates of any
subsequent revisions. Additionally, the exhibits are at a graphic scale
of one (1) inch per two hundred (200) feet.
(13) No additional information has been requested by the City.
"
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JACKSON
KERCHER
ANGLIN
LOPEZ
RINEHART
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0rlaad.:.,FLl2101
P:407&436~S2
P:.\07839 1789
Site
Parcel 14
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Upland Preservation Area
Upland Enhancement Area
Retail/Office 160,000 Square Feet
Drainage Easement
250' Setback from Residential
Site Boundary - Parcel 14
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Source: SJRWMD
7
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Si'ce Boundary - Parcel 14
Source: Oviedo Crossing DR!
6
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Site Boundary - Parcel 14
Source: SJRWMD
I
12 13
Residential
(Seminole County) R-1A
,[C
GIATnNG
JACKSON
KERCHER
ANGLIN
WPEZ
RINEHART
(City of Oviedo)
UEaltI'lar:SWol
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(1910.01
(Seminole County)
zoning Legend:
D PUD Planned Unit Development
DR - 1AAA Single Family (13,500 sq. ft.lot size)
D R - 1A Single Family (9,000 sq. ft. lot size)
Site Boundary - Parcel 14
Existing land use noted in text on map
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CERTIFIED MAILt
,RETURN RECE1;PT REQUESTED
IN REPLY REFER TO:
Case No: 914004
REcelVEO
,GYMAR 28 1991
iP .~c. 1NC.00U.AN.'Vi/:')
ti-;-;:':-'::;'-;:::-;'--_EF..!
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--- ~~N'L..=t..
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Community: ~:;~~~~o~::~y ~r;l I..~ '.2)- 0 , J'-~
TO .-..()i~.6, .'
~
Map Panel Affected: 120289 FIRM 0165D
'. ,-' ',,j;,:;~:,=,-,;;~.:;.
Feder(:il~/Fjinergency Managemel1:t ..Age
Washington, D.C. 20472
(102A)
"\MAR2S< .'
,'::;'.-' :, :. . 1991
The Honorable Sandra Glenn
Chairman, Seminole County
of Commissioners
.1101 East First Street
Sanford: Florida 32771
Board ':,~>
:;,
Effective Date:
MAR 25 1991 RECEIVED
DEe 2 6 2006
~!. " '.
CI1Y OF WINTER SPRINGS
Permitting & Licensing
,~ear Ms. Glenn:
;-:~
"This is in response to a letter, dated September 27, 1990,~rom
,.Mr. Richard D. Merkel, P .E., of Professional Engineering Consultants /':l:-P:~;~;'
to the Federal Em~rgency Management Agency (FEMA) regarding t.he Flood
InsuranceSttidy.. (FIS) for the Unincorporated Areas of Seminole County,
Flor~da. Mr. Merkel requested that FEMA revise the effective FIS to modify
the Special Flood' Hazard Area (SFHA) associated with D.L.I. - Propertiesn9rth
. of Red Bug Lake Road,in the' vic:;inity of Bear Gu;Lly Canal, based on more
q.et,ailed topography and hydrologic"and hydraulic analyses. Ali data requfre'd
to support-this request were submitted by Mr. Merkel with his letters dated
September' 27 and December 21, 1990. The data submitted included Technical
Publication SJ.84-9 (Vol1.1Dles I and II), titled 'Howells Branch Basin Study,'
prepared by the St. Johns River Water Management District, dated August 1984;
and 'a topographic map, 'titled 'D.L.I. Properties, Inc.,' prepared by
Professional' Engineering,>,Consultants., . Inc., at a. .scale of 1:2400, dated
DeGember 21,. 1990. .
We have reviewed the inf<irmation submitted by Mr. Merkel and agre~ that t~e
Flood J;nsurimce Rate Map (FIRM) for Seminole County should be' revised. Based
on the' more detailed topographic data," and the hydrologic and hydraulic
analyses submitted, tpe"SFHA along Bear Gully Canal increases by as much as
1, 250 f~,et at a point about 600 feet upstream of Red Bug Lake Road. In
addition~ an SFHA located;~about' 3,400 'feet west 'of the confluence of
Lightwood Knox Canal with Bear Gully Canal has been revised to Zone C. The
SFHA increases are located on the D.L.I. Properties~ The revised SFHAs are
shown on.the enclosed annotated copy of FIRM Panel' 0165D.
~i:~~~J.~~).:t_:
'.,'..
.~:;;.
.Th;s,l, Letter of Jiap Revision (LOMR) officially revises the effective FIRM
Panel 0165D for the Unincorporated Areas of Seminole County ,.Flqrida, dated
December 5ri; 1989.. The revised SFHA~. is. effe<;:tive as of the date of this
letter." . Any requests for further modifications to the community's FIRM, or
for reconsideration of this LOMR, must be based on scientific or technical
data.
"1'~
The FIS for the Unincorporated Areas of Seminole County, Florida, is
currently being revised. This LOMR will be incorporated in a Preliminary FIS
anticipated to be mailed to you by April 1991.
Since this LOMR will not be printed and distributed at this time to primary
map users such as local insurance agents and mortgage lenders, the community
will serve as a repository for this new data. We encourage you to
disseminate widely throughout the community the information reflected by this
LOMR in order that interested persons such as property owners, insurance
agents and mortgage lenders may benefit from this information. We also
encourage you to give consideration to preparing an article for publication
in the community's local newspaper. This article should describe the changes
that have been made and what assistance the community will provide in serving
as a clearinghouse for this data and interpreting National Flood Insurance
Program (NFIP) maps.
~~.:
This LOMR is based on m~n~mum criteria established. by FEl1A for floodplain
management regulation and has been issued pursuant to Section 206 of the
Flood Disaster Protection Act of 1973 (P.L. 93-234) and in accordance with
the National Flood Insurance Act of 1968, as amended (Title XIII of the
Housing and Urban Development Act of 1968, P.L. 90-448) 42 U.S.C. 4001-4128
and Title 44, Part 65, of the Code of Federal Regulations (CFR). Community
officials, in response to local conditions and in the interest of human
safety, may set higher standards for construction in the floodplain than the
minimum criteria establi~hed by FEMA. If the State of Florida or Seminole
County has adopted more restrictive or comprehensive floodplain management
criteria, those criteria take precedence over the minimum Federal criteria
for the purpose of regulating development in the floodplain. This policy is
set forth in Section 60.I(d) of the NFIP regulations (Title 44, Part 60, of
the CFR).
Should you have any questions regarding the revised SFHA, please contact
Mr. Glenn C. Woodard, Chief, Natural and Technological Hazards Division of
FEMA in Atl.anta, Georgia, at (404) 853-4444, or Mr. James Walke of our
Central Office staff in Washington, D.C., at (202) 646-2751.
Sincerely,
~ JJlaS) ~~
William R. Locke
Acting Chief, Risk Studies Division
Federal Insurance Administration
Enclosure
cc: Mr. Richard D. Merkel, P.E.
Professional Engineering Consultants, Inc.
Local Map Repository
Federal Emergency Management Agency
Washington, D.C. 204-72
MAR 2 5 1991
Community No.:
120289
The Honorable Sandra Glenn
Chairman, Seminole County Board of
Commissioners
1101 East First Street
Sanford, Florida 32771
RE: Flood Insurance Study for the Unincorporated Areas of Seminole County,
Florida
Dear Ms. Glenn:
The Federal Emergency Management Agency previously supplied your community
with Flood Insurance Study (FIS) data to .aid in your efforts to accomplish
sound floodplain management. At that time, it was requested that you
maintain the data in a repository where they would be available for use as
needed. Since that time, additional data have become available, which we are
now transmitting to you. Please include these data in your repository so
they are available for use. Anyone requesting published data pertaining to
your community will be advised that additional data may be available through
the community map repository.
'::w
To assist in your efforts to maintain a current listing of additional data
supplied to you at various times, we have enclosed an inventory of current
FIS data entitled, "List of Current FIS Data." Any future transmittal of
additional andjor revised data for your community will be accompanied by a
revision to this inventory until a physical map revision is warranted. At
that time, all additional andjorrevised data previously submitted to your
community would be incorporated in the physical map revision, and the List
of Current FIS Data would be superseded.
If you have any questions, please call our Central Office staff in
Washington. D.C., at (202) 646-2767.
Sincerely,
v'~,-~~.~-~
William R. Locke
Acting Chief, Risk Studies Division
Federal Insurance Administration
Enclosure
Date Prepared: MAR 25 1991
LIST OF CURRENT FLOOD INSURANCE STUDY (FIS) DATA
Unincorporated Areas of Seminole County, Florida
Community ID No: 120289
This list replaces previous list dated: February 8, 1991'
DATA DATE OF CURRENTLY EFFECTIVE DATA
o Flood Insurance Rate Map:
Index:
Panel(s):
December 5; 1989
OOlOB, 0030B, 0035B, 0045B, 0055B,
0065B, 0105B, 0110B, 0115B, 0120B,
0130B, 0135B, 0140B, 0145B, 01S5B,
0210B, 0255B
May 5, 1981
0020C, 0040C
January 16, 1987
0070D, OOBOD, 0090D, 0095D, 0160D,
0165D, 0170D, 0180D, 0185D, 0190D,
0195D, 0230D, 0235D, 0260D
December 5, 1989
.ali
Panel(s) affected by Letter of
Map Revision: 0040C
February 8, 1991
0165D
MAR 2 5 1991
o Flood Boundary and Floodwav Map:
Index:
Panel(s):
May 5, 1981
0045, 0110, 0120, 0130, 0135,
0140, 0145, 0155
May 5, 1981
Panel(s) affected by Letter of
Map Revision: NIA
o
FIS Text: December 5, 1989
o
Other Data: None
,
---,
g[ NATIONAL FLOOD INSURANCE PROGRAI4
-.
FIRM
FLOOD INSURANCE RATE MAP
SEMINOLE COUNTY,
FLORIDA
(UNINCORPORATED AREAS)
PANEL 165 OF 260
" PROPERTY
" BOUNDARY
,
'20
,
'"..
APPROXIMATE SCALE
1000 0 1000 FEEl
1---1 i---t l----t I
COMMUNITY.PANEl NUMBER
120289 0165 D
MAP REVISED:
DECEMBER 5, 1989
MAP ANNOTATED TO SHOW
CHANGES MADE EFFECTIVE
BY LETTER OF MAP REVISION
DATED: MAA 2 5 1991
Federal Emergency Management Agency
\\
JI
_~r
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.. "..,,,,-
iV!",,""rc"~~~;;;iJ':fiWATER
...:2"'J'i,~""-~"",,,w~MANAGEMENT
~..... --..; "'CISTRIC
~4j ~ r7 v~ o/(:,/r'1.
~ ~ Henry ~an, ",.eo,,"'. D".olar
Mtldred G. Horton, Auls1ant ~ecutiv", DIrector
John R Wehle, A..i.tant Executive Director
POST OFFICE BOX 1429 . PALATKA. FLORIDA 32078.1429
904/328-8321
A~Ir I I
ii\l iii. ft.. m U'4 it ,
o 2133 N: Wick,1am Rd
APR'\J 2 1981ikolno,)Fl m3s.lllog
J. "-" ((07lP254-1751
p,!.c" ~~ @flil",--~i) I
. '..
'11tifl.)nK COpy , V (10\~
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ONE COpy .& ROUTS: ~i-. ,:,
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RiO: Penni1; # 4-117-0;2113C \ r-- 'I 7:>5-01
: ....,.T~---;:~I-',O~S,O
~n~iosed IS your perml~ a~ authorized by tne
(If tr,e St. Jorlns Rlve~'-'l4a-t~"Tlte"rit Dlstt"lct
l';;~:'y .
"
'-' ,.
19:39
'::J 1175 B.a,me80l;::\10"$ W~"
S...ile 102
Jac~Sonvllle, Fl 32ZS{i;
(9041 731).Q27 0
0518 E. Sooth St.
0'181"00, Fl 32801
(.d07)a~S423
DUD A LANDS, INC.
P . Ci. 80){ 257
OVIEDO, FL ::;l276~,
Legal
Rec'd
G,:.vern I rig E:cJat"d
(In Janua~"y 10,
ThiS permit IS a lesal d.;.c:umen"t and ~houid tIe kept
With your other important documents. The attached CompletIon
Rep,:.rt sh'~ul<:l be filled In and returnlild to the Palatf(a ';It"flce
Within thirty days after the work 1$ completed. By so COins, you
WI lienable us to schedule a prompt inspection of the permittee
activity.
In addition to the completion report, your permit also
contains conditions which require submittal of additional
Information. 611_~DfQtm~t12D_~YQm~!~I~_~~_f2mQl~~nfl_!2_BKrm~!_
fQD11!lQD~_mY~!_Q~_~Y~m~!!~9_!2_1b~_E~1~~t~_2ff~~I_~11t~~3'
Perrnit Issuance does n(lt relieve you frcJm the resp'HISlblllty
of obtalnlns permits from any feoeral, state, and/or local
agencies asserting concurrent JUriSdiction for this work.
In the event y.;.u sei 1 yOW" p,-open;y, th!;! permit Will cle
transferred to the new owner, If we are no"tlfled by you Within
ninety days of the ~ale. Pleas!;! assist us In thiS matter so as
tel rnalntalr, a valid pel'"mlt for tr,e new property o'"lr1er.
Thank you for your cooperation and If thiS office can De of
any furtner assistance to you, please do not hesita~e to ~ontact
us.
SlncerelY~
ctor
DTI~: I h
En~IQsuresl
Permit With Completion Report
cc I JcHDl1iO~l5N1 c:t Perml"'LLtt.1o>>rH,JA
C~atlm.I'1' .....llifO Seach Vice Chalrm.n. Pa!lI!ka
SAUNDRA H, GRAY
StCle'.iJr'I" DeBar)'
RALPH E. SIM~ONS
're~surer. F8rnaf1-d:nll Beilen
VAL M. SiEEL!;
Me,bo\.;rne Beaef'l
ThCM....S :.. DURFI.At.;C;E
Ho:y!-lill
:CE E. "':IL:..
Lees~ur;
SAM L SWEr:-
,,'acloi:ionville
AL1C~ J. WEINBEnG
lor,gwooa
A PERMIT AUTHORIZING:
THE
LOCATION:
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
FORM EN-l
PERMIT NUMBER:
PERMITTEE:
4~117 ~Q213C
DUDA LANDS INC.
Name
P.O. BOX 25.7
Address
OVIEDO. FL 32765
Phone Number
KAME OF PERSON TO BE CONTACTED IN REFERENCE TO PERMIT CONDITION&
FOR PERMITTEE
; I
Form EN-l
Name
Address
Phone Number
Position
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Chl~, p..:!'t-rA.l': al:le~ !"lut tLU.t;j-~()t-I~~e al'"lY CI,-,1t"ISl:t"UC',:II',nf f)p6r'"'a.r;'I~I'I~ ...t"
alt~t.~~lorl oi t0e pr')posed system.
':'. '1""1; rC"1ce.t\;u",i aOpt"(,val wi: I ['E:' vall';) II,)," t\oJel1l:Y veat-", .'.','IH
t. h 61 (.: ti. 'C t? ";1 t' 11', ~ U a .0, c l:'~. P r I') v ( tl P. d .C t ~ a. 'i:.: ~ I) n , t; rue OC I c;n, () t' 'C fl e . n : Co :::J, I
pna~e ~, ~he .V5~em ,S perm,tte~ an~ ~nn~truct,on unJer~aken
with,n ~WD yaar~ o~ th~ srantlng ot tnls con~eptual ~pprov.i
p~rmlt. ana pr0vlctsa that ai I Dna~~s Df the $YBtem are deSisnsd
.1. rllj b lJ I r.t; : n ate; ';10"' 0 a rH: a Wit; t~1 i; i""l e t Ii r rn s v f t f) ee,;) n r. Po p '(; u a i
~1.t) pJ'- ~)va 1 f.l&,'-m i t ao IJ -(;h~'l t; a. (J r~ equ k t" ~ (j p e t"m J tis t vt.. !:i. utlse'qu(! '"'It
p~la~as ar'e ~otatrl~d.
<f,. Perm I ttlie mL1F.'t (.i:.tal... !l. ~"rlli!t'a I c,t" i no, v I dull. i pllt-rn n; t't.OII1 tl-,,(l
District prior ~n D~s'nl1lni construction of sUbsequent' pna$es
.,t" ,H,.,.. .yr.r,er weln, n(.(; I>plilclt"Ciilly au'i:i"'Ot-,zp.d by '~i"II" perml'h.
~I . 1 f' 14 e w a 't e toO I f"I S I '1i I:, t. \ (I C CUr'" d li t.. , r, ~3 ". rl y' p ('I a s e (.I of con g t t" tJ C 'C f .... fl I H~
the~")at'tp.t" anrJ 1;(11) slJl'"f'l.c;a ""a.'car purnp(~'. weli" or f;;"C!i;1;!l?,';
ar~e c ilf,ac :.f~ 01'" wi tn ,jt.aw I rig (jrJft. m I : i j c,rr sa i i Ol-JS .:.-P WD.t\!t. p~';H~
day I~t. more c.q'" irL,n ~......ef;.l.~~l;:' ot" :LO.(),t)(aj g;;c, 1 ions per IJ'rl.Y Qr" rrii),..-e
over a year a~d ~~y dlscnarge IS to be a'f-GI~e, a C~nlumr~lv.
u~o Per'rolt (~I~)C-:~J WI I i De required prior 'co any dewa'c~rinS4
~. to T r't t1 F' ~: r- In i 'C 1; {1 e rn tJ 'i> 'C rl (I t I f y 'I' i rJ W~" I t I ii S , I I"t Cl I V i d IJ 3.! P a. f' r; e ,
dAvalopers Within D.~.r. fropertlQS of the ne~d to obtain a
l'lana,gIH'llu,t; ano ST;.)t'a~e. of SUI"f'ilC!! iJ<atet"s penn! t f't'Cow ~n...
Oi$'~r'lct prlot- t(i a.nv r.;.:cnS1;t-llctlr;n. Parcel owners Wifi r"'!~'J ,,,)
sut.mlt ~li..n5 arl.l.:J c:a,I,~ula,(;I.:or,s ""i",Ir.t', .::ielllonst;ra'Ce cl:.mp! '<l.nr.:e
wi GI', pa.ra.roe.'ter~!i I nf IlJ"1f,C '1'c~3 rlln~.ff' t"ar.es ',SPoil! AT,;'t;,U:IHA1HI'l; ...'.
7' . .r r, E! In i t I :3 a'r. I -' 1", ~I I a. n en t I 'r. ! 1:'';; "(.1;0 n C e'p t u a I iYJ, <: i :3 a i; ,,:q", Pi" I"l
al""j ,je,..c:,.,bed In c;rJrrG'\"itl'"J(lCI\lnCp. t'1"(Jrn F'r'<lfe'i>~~,IIHlai Erlgln'.Plt"ICl;3
C~nsQ\'t;'nts and received at toe District un DeCp.mb~r 8. 1986,
~nd the biuellne pian!> IHI"tI;.,Rd "MaS'l;fu" Dra.lrla.:;!P. P'!iil.l''', M::r.~.
8-<:, reVised I~r, 1IJ,:lve'mi:.!!t.' ...:.., ',98;;::, -ai"ld r&!ce Ived ,'V ',ne
Dlst'"Ir,;i; ,:or, ,N(,lvernlH,r' "''''. 1'>':~;~', In,~luoe\~ 1'(0 tr,IS c,;."r.ep'cua,
apprDval Aermi~.
l';:. COflc.un'IH,'G, w~ttr il.ny c:.;.r,,;tt"l:ctlor, appl IC",1;I':I[) slAtomittal. 'cne
Per~I'tee must $UDffilt de~~1 I~q mitigation plans fOF
District ('tllVIElW .H.d il.;:.pr<"vil.1 Ioo'hict" Ir.elude 'l;~'Q fOII(,.....ln.81
;=-.. iSJ"~C !t'IC :I.)cz,.'l:tvrl':i (;'f il)I-;;:8:i~IK.:III/wet'and ..:.t"ea.~:l."1rl
.:s.,'.aa.1.i ,
'B. ":rt;j~'''' ~~ei.t i (lflS 1';+. r(tl ~: ;:1...,,::-11.11'1 j {.lei-l";! clns, wn I ':("1 I nr. I \.kl.i"'~
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Mi..J nt til.~.t~r~F-.;.:;..a.n d rll;~ I 50 anc e II pe cia 50 C ont r o:'t ...f' I a. n!5 ,
a.nd
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DetaIled 'J'e5c'-'pt,(,n ",f the bliu,nual rf!':por.t!l, whiCh
loll! I bi used far eV~lua~ins ml~lsa~jon succes~ and
ro~inten~nc~ p~rfDrma.ncs.
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:~e fD~~5~ea area Q8d1Ca;eG t:o conservation a~ a 750 'aat
prImary Balo Ea91~ (endan3~red9petlesl prQtect,on zone,
I~~ated on;the west ~Ide 0.' the P~OJect, mus~ canform
to. F1Q~iaa Game and Fre9nwa~er Fish Commls$j~n aUlael rne~
a.nd/or U.S. FI~n ana W! Idl Ife Service "Mana.gement
GUldel In&s for the Bald Eagle In th~ SQ4thea!5~ ReSio"",
Any future con~truct~",n planned 'gr. tnh~~r~~ wi ~J' requlr~
a: MS'SW~'p'erTI\"f"'t. ...... ~~..;:.....--..~ .10.'1._. _....:.If~..":".".L.. -,..
;t!.
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F'~'ICir 't,) c(;.rnrn'erlt,)~rner"t; O.T"con!!'.truct'i6'np the P,e.I"!.iIl.:ttee must
a.bar'lolon, PU"1i\Ullrli; to, c:.nll'pt.,. 4VC-;,f,, !f.A..C'.," a'i:l artEllil;.{~n' .O~.
t' r ee +' I ,;ow J ns well s \J~ ~tli n the P,l"oj ec tare/a: b(Il,I'rI,oar, e~/;p,.t.'. . _ "
".b t a. I n Con Gurnpt I va U5l! i')er:rn I ~ ~ PU/"\ii\.l1J:n t"it", fOC.-'Z", F.; "'4~..'.(;:': ..
. . . '.' ".:,:::. :t/:.. .: I
~'rlor to:;' commencer!llHt.t o-'f.-""'fj;lt_,t:Qnst.ructIO~:., t:he..per'illl
must'cause to. be record~d acon5ervat1Qn,e.a~~.nt f
w,et I !l.Ao'i; and. up I a.nas' 'i;'V,l:re.' Ri"'eserved, e>f6.t:;~I~iln:a,;:'-the-'
f:oot:prl.m,lU:Y Ba I d Ea.gl III 'pt.",Citec t.1 on. zone t-'.~~:.::.'.:ie- j. 'ftt_..:
.i,:.I;o_I;.ti~'fl Of!"' p't.\a.ns ent I t I'e'ct '~'Ma.Ii't~r' Dn~,i rla.s~:'F/i:~rih i:.~,il'~j",.,
:, 'l"'eiv,'F"S;:l!!dN'?Vtlmbet. ;:;Z:, l'S'lee., !tl't,j' .rec:e'!,ve.,f.lI!>n,.the)))f(ltr(c.t: or,
r~'l;>VElrnbj;lr ;lZ,' 198:il. Sa. i d'..ccmul"v,a:t t~I:1'j;'.~,a;.\'i~fJ1!tl'l.t"TRJ;i~<t',:be'
s;UblYl i 'l;ted 'C'O the D i;; tr.",~f ti't,.<:}e.,",.iew jl.hd :'~~~;;~r:'o';,a:i; 'I$-r.-,) ~~. 1'Oe.
reC:~lrdlr.g anq (!lust c:rmtai"l't pq;n/li.:j;On'li..'..a,f.:"!!i~i1'..'f.o.ttt';,"i'r, .
sac1:il'r. 104.00, F.B.. U Wltl~' 'a-"lkP,.i:IVj",!"r..ri'is~.;"'jtl:dJ;~:a;t?IrIS
tha.tl'l; Jilay be flnfon:.ad by thlt OI!>.trlc~"jIirid"fn.a;Y';J:n:;<Zi:!Cb'e,
amended without pro i 0" a.ppt'o~ai ft-"M tr.lt. '~\:i~t"(a~':'~:';~A. ,
l~l;ft'"t;if'ied C'.QP.Y' gf' the. re~'Qr'('fl!'d"'e,uel'l\ent. otl'o,",i'fl5<tn~,:,
I;.f'': i C I it I rt!c.~t'lj\l c.OOlt and,. pase nt;lmpe'r m'u~'t;<'t:i~\'P.:tt!~~;!i.dl!'O
,,~l~ ~~e D:l.~t.r.,t~.,t':w L'th In. ,.3~ day~ qf.r.'ec,~~~~~~.~,~(,<~:,~:,:;':h:'I,.:,. """
, (,..S.o:;.~ "A-~D"" 'rI1lt'''Ii:J.~-'f9'b>/!l'Oi>'.'ffiE' 1t~:.41.~~~" ..' 1"'" .
:~'V~~~~I" ....., ,... '~:~f~,,~::i;'"~-
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GATE LANDS CORP./O.L.. Ai'PLlCATION NO. 12-0Jl-Q001A
HARRY DUKE, APPLICATION NO. 12-0Jl-0008A
WOODSIDE REALTY :NVESTMENTS, APPLICATION NO. 12-09S-0001A
SAN JOSE COUNTRY CLUB, APPLICATION NO. 2-0Jl-00i9AUMT
CARLO AND MARY LA.~ORGESE, APPLICATION NO. 2-0BJ-0290ANT
I.C. NORRIS, Ai'i'LICATION NO. 2-109-0239ANT
40C-l.07 Denlals
BARNETT BANKS. TRUST CO. NA. Ai'PLICATION NO. 2-069-0S72A~~
STONE BROTHERS FUNERAL HOME. APPLICAT~ON NO. 42-061-0223AI
Mr. Elledge noted tnat Apclicat~on NO. 2-009-00l9AURM, H & S. Groves,
Inc. and Application No. i-009-0023AUMR, Brevarc Groves, Inc. on the
Consent A;enda had been changed from two years to seven years.
Mr. Smith declared a conflict of interest on Ap?licat~on No. 4-019-
OOl5A.~4, Union Camp Corporation.
MOTION BY MR. HIL~. SECONDED BY MR. DURRANCE, THAT THE BOARD AP~ROVE THE
CONSENT AGENDA AS CONTAINED IN THE REGULATORY FOLDER AND AS AMENDED IN
THE ADDENDUM. MOTION CARRIED UNANIMOUSLY ON ALL APPLICATIONS, WITH THE
EXCEPTION OF Ai'i'LICATION NO. 4-019-00l5AM4, UNION CAMP CORPORATION, ON
WHICH MR. $M!~H ABSTAINED FROM VCTI~G DUE TO A CONFL:CT OF INTERES~.
Dud a Lands, Inc.. APPiJ,c4't.ion NO. 4-117-0213AC
~~. Elledqe explaL~ed that this ls for a development ~n Sem~nole County.
He. noted that the ,4pplicant had lIoma concern over Other Condition 6
wh~ch' requ~res th~m to record a conservat~on easement for the areas they
are prelervLn~ prior.to any construc~ion. The applicant has suggested
't.hat we add a sentence to the end of Other Condic1on 6 to state. "The
permittee ~ay modify this condition .as part of the construction permit
proce5ll." . Staff recollUllends' approval with this change.
After a short discussion, MOTION WAS MADE BY MRS. GRAY. SECONDED BY MR.
SMITH, THAT THE BOARD APPROVE APPLICATION NO. 4-117-02l3AC, DUDA LANDS,
INC. WITH THE CONDITIONS AS STATED IN THE REGULATORY FOLDER AND WITH
OTHER CONDITION NO.6 BEING AMENDED AS READ BY MR. ELLEDGE. XOTION
CARRIED UNANIMOUSLY.
WaShlnqton Golf Joint Venture. Application NO. 12-009-000311.
Mr. Elledge expia~ned that this was an appl~cat~on for a Dredge and Fill
perm~t and that a letter had just been received from the Divis~on of
Historical Resources requesting that a professional archaeological
survey be performed before any ground dlsturbance occurs. To address
their concerns. staff has proposed the following condition be added.
"Pr~or to any construct.ion, the site must be surveyed by an ar- .
chaeologlst for the presence of historical art.ifac~s and the results of
the survey submitted to the Florida Div~sion o~ Historical Resources for
rev iew. ,.
Respondin9 to Mr. Simmons, Mr. Elledge expiained that one of the
cr4teria as part of the pubilc i~'t.erest test on dredge and fill ~s that
you not adverse.y affect archaeolcq~cal resources.
Mr. Denn~s Sheppard, washlngton Joint. Venture, stated that there is
already a section ~n the permit recommended by scaff which says Lf any
archaeolog~cal artlfacts are found that they must stop and not~fy at
that ?o~nt. He stated that t.hey would much rather go with that than to
have an archaeolog~st come out and delay the pro~ect. He added that in
their letter they even sta't.e that the Florida Master Site File does not
~ndicate that there are any archaeological sites in the area.
Responding to a question by Mr. Slmmons regarding DER's requirements on
surveys. Mr. Ernest Frey. Dept. of Env~ronmental Regulat~on stated that
they generally put. the same condition as the Distr~ct's unless something
was found on site, then they would go int.o more detail.
Mr. Durrance aSKed ~f the condit~on couid.oe modified where they could
do a survey and oeg~n construct~on simuitaneous.y. .
Xr. Smith comment.ed that if he was a deve19per, It ~ighc pay to do it
beforehand because it might reconflgure th~ entLre project.
:l
Date: January 22, 2007
The attached document was distributed during
Public Hearings "202" at the January 22, 2007
City Commission Regular Meeting.
,
.}
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - MARCH 27,2006
PAGE 10 OF 21
Commissioner Miller stated, "I would like to see Staff bring to us an Information item
- I would like to see the size of this thing - this Water Treatment Plant." Furthermore,
Commissioner Miller noted, "I would like to see an Agenda Item on what this thing
looks like, what all is involved." Commissioner Miller added, ~~I think we all need to
know clearly what this thing looks like - is this a Water Treatment Plant..." Mayor
Bush asked, ~~Commissioners, are you in agreement with Commissioner Miller's
recommendation - to have an Informational item?" Commissioner Krebs stated, ~~Yes,
I would like to know." Commissioner McGinnis also remarked, ~~Yes, and why."
Commissioner Krebs added, "Why it needs to be where it needs to be. "
Ms. Isabelle Laub, 1372 Blue Spruce Court; Winter Springs, Florida: thanked the City
Commission for their support of changes to the Senior Center; and asked for more stores
at the Winter Springs Town Center.
Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: spoke on the Dog
Park issue.
Tape 2/Side B
Further discussion.
Mayor Bush mentioned that Seminole County Public Schools Board Member Sandy
Robinson had been present.
Mayor Bush called a Recess at 8:56 p.m.
Mayor Bush called the Meeting back to Order at 9:16p.m.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
200. Community Development Department - Planning Division
Requests That The City Commission Hold A Public Hearing To Consider A
Notification Of Proposed Change (NOPC) To Parcel 14 Of The Oviedo Marketplace
Development Of Regional Impact (DRI) By The Viera Company.
Ms, Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development
Department presented information related to this Agenda Item.
~"
.
. .
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - MARCH 27, 2006
PAGE II OF2I
Regarding Water and Sewer, Deputy Mayor Blake stated, "It was my understanding I
thought we did - I thought we had Easements through these properties on Duncan Drive."
Ms. Sahlstrom stated, "I have not seen that - I have not seen any Easements through
there." Deputy Mayor Blake spoke about the Record and stated, "I remember one of the
chief things that were being sold here was the revenue on this parcel, and it included the
ad valorem tax, the utilities - along with everything else."
Discussion.
Mr. George Kramer, Planner, Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., 33
East Pine Street Orlando, Florida: addressed the City Commission on this Agenda Item.
Further discussion.
Tape 3/Side A
Attorney Garganese spoke for the Record on the original Development Order.
Mr. George Kosmac, Deputy Superintendent, Seminole County Public Schools, 400 East
Lake Mary Boulevard, Sanford, Florida: commented on school capacity levels and
projections.
Discussion.
Mayor Bush opened the "Public Input" portion of the Agenda Item.
Mr. Eric Bagwell, 1133 Duncan Drive, Winter Springs, Florida: spoke of drainage on
Duncan Drive and noted his concern with height restrictions, and parking.
Mr. Richard C. Gibson, 1231 Hollow Pine Drive, Oviedo. Florida: remarked about
emergency services response; density; and extreme wetness.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
Discussion.
Tape 3/Side B
Mr. Ralph Hanley, The Viera Company, 7380 Murrell Road, Suite 201, Viera, Florida:
addressed the City Commission.
Further discussion.
~
.
. .>
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - MARCH 27, 2006
PAGE 12 OF 21
"I WANT TO MAKE A MOTION THAT WE APPROVE THE SAME DENSITY
THAT WAS APPROVED FOR OVIEDO-IF IT IS 8.7, MAKE IT 8.7." MAYOR
BUSH STATED, "8.74 WAS OVIEDO, I BELIEVE." COMMISSIONER MILLER
THEN SAID, "MAKE IT 8.74, THAT WAY WE ARE CONSISTENT
THROUGHOUT."
MAYOR BUSH NOTED, "THEIR PROPOSAL BY THE WAY - WAS 8.8."
COMMISSIONER MILLER THEN ADDED, "NOT TO EXCEED 8.8."
COMMISSIONER McGINNIS SAID, "ON PARCEL 14." MOTION BY
COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS.
DISCUSSION.
DEPUTY MAYOR BLAKE INQUIRED, "IS THAT 'GROSS'?"
MAYOR BUSH COMMENTED, "8.8 UNITS PER ACRE BASED ON 15.1
ACRES, THAT IS THE WAY I UNDERSTOOD IT." MS. SAHLSTROM NOTED,
"ACTUALLY, YOU CAN'T DO THE WHOLE FIFTEEN (15) ACRES." MAYOR
BUSH THEN STATED, "YES, 11.325, RIGHT." FURTHERMORE, MAYOR
BUSH STATED, "8.8 UNITS ON THE 11.325 ACRES..." COMMISSIONER
MILLER NOTED, "...IF THOSE ARE DEVELOPABLE, YES."
FURTHER DISCUSSION.
ATTORNEY GARGANESE STATED, "I AM NOT SURE IF THAT MOTION
REALLY WORKS, BECAUSE THE DEVELOPMENT ORDER REFERS TO A
CERTAIN NUMBER OF DWELLING UNITS, BOTH IN THE OVERALL
SUMMARY OF THE APPROVED DEVELOPMENT AND WITH RESPECT TO
THE SUMMARY OF LAND USES IN THE CITY OF WINTER SPRINGS - SO IT
REFERS TO A CERTAIN NUMBER OF UNITS."
FURTHERMORE, ATTORNEY GARGANESE STATED, "IF YOU WANT TO
TIE THE DENSITY DOWN, I WOULD DO IT IN THE FORM OF A
LIMITATION ON THE NUMBER OF UNITS - A MAXIMUM NUMBER, NOT
TO EXCEED A CERTAIN NUMBER, SO THAT WILL FALL IN LINE WITH
THE SUMMARY OF THE APPROVED AND PROPOSED DEVELOPMENT IN
THE DRI (DEVELOPMENT OF REGIONAL IMP ACT) ORDER."
COMMISSIONER MILLER STATED, "THAT IS WHAT I HAD IN MIND."
ATTORNEY GARGANESE ADDED, "KEEP IT GENERAL AND RELATED TO
THE NUMBER OF UNITS I THINK WOULD BE - IN ORDER."
FURTHERMORE, ATTORNEY GARGANESE SUGGESTED, "WITH
UNANIMOUS CONSENT OF THE COMMISSION, JUST TAKE THAT
MOTION OFF."
,
~
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - MARCH 27, 2006
PAGE 13 OF 21
MAYOR BUSH ASKED THE CITY COMMISSION, "DO WE HAVE
UNANIMOUS CONSENT TO REMOVE IT?" COMMISSIONER McGINNIS
REMARKED, "YES." COMMISSIONER KREBS STATED, "YES." DEPUTY
MAYOR BLAKE SAID, "SURE." NO OBJECTIONS WERE VOICED. MAYOR
BUSH THEN NOTED, WE HAVE UNANIMOUS CONSENT - SO THAT ONE IS
DEAD."
"MY MOTION WOULD BE THEY WILL BUILD NOT MORE THAN 100 -
RESIDENTIAL UNITS ON THE PROPERTY." MOTION BY COMMISSIONER
MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION.
ATTORNEY GARGANESE ADDED, "THERE ARE JUST SOME TECHNICAL
CHANGES THAT NEED TO BE MADE TO THE PROPOSED DEVELOPMENT
ORDER, IF THIS PASSES - LIKE IT REFERENCES THE CITY COMMISSION
AS THE CITY COUNCIL. AS YOU KNOW YOU ARE A COMMISSION. THE
DATE NEEDS TO BE CHANGED; AND THE ORIGINAL DEVELOPMENT
ORDER NEEDS TO BE SENT TO THE CITY CLERK'S OFFICE AFTER
RECORDING; AND APPROVED AS TO LEGAL FORM AND SUFFICIENCY -
OF THE CITY ATTORNEY - THAT NEEDS TO BE CHANGED."
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
DEPUTY MAYOR BLAKE: NAY
MOTION CARRIED.
Mayor Bush stated, "We need a Motion to extend the Meeting."
"SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY
DEPUTY MAYOR BLAKE. DISCUSSION.
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR BLAKE: AYE
MOTION CARRIED.