HomeMy WebLinkAbout2001 05 02 Regular Item A
PLANNING & ZONING BOARD REGULAR AGENDA ITEM:
A. AAA AUTO CENTER SMALL SCALE LAND USE
AMENDMENT (SS-CPA-03-01)
STAFF REPORT:
APPLICABLE LAW AND PUBLIC POLICY:
"The provisions of 163.317 4( 4) Florida Statutes which states "Be the agency (Local Planning
agency) responsible for the preparation of the comprehensive plan or plan amendment and shall
make recommendations to the governing body regarding the adoption or amendment of such
plan. During the preparation of the plan or plan amendment and prior to any recommendation to
the governing body, the local planning agency shall hold at least one public hearing, with public
notice, on proposed plan or plan amendment."
The provisions of Sec. 2-57 of the City Code which state in part "... the planning and zoning
board shall serve as the local planning agency pursuant to the county comprehensive planning
act and the local government comprehensive planning act of the state... "
The provisions of 163.3187 F.S. which state in part "Small scale development amendments
adopted pursuant to the paragraph (l)(c) require only one public.hearing before the governing
board, which shall be an adoption hearing... Small scale development amendments shall not
become effective until 31 days after adoption."
I. SUMMARY OF APPLICATION:
A.
APPLICANT:
OWNER:
Joseph M. Miranda
1060 Nursery Road
Winter Springs, FL 32708
Joseph M. Miranda
1060 Nursery Road
Winter Springs, FL 32708
B. REQUEST:
The applicant is requesting to change the Future Land Use designation from a Seminole
County designation of Office to the City's Town Center District.
C. PURPOSE:
To develop the property according to the Town Center District land use category and
construct a small auto service facility.
D. SITE INFORMATION:
1. PARCEL NUMBER:
20-30-36-502-0000-0010
2. ACREAGE:
1.36 acres
3. GENERAL LOCATION:
The property is located at 1135 State Road 434. The property is located between
State Road 434 and Mohawk Trail. It is across S.R. 434 from City Hall.
4. LEGAL DESCRIPTION:
(See Attachment C)
5. CHRONOLOGY OF SUBJECT PROPERTY:
The property was located in unincorporated Seminole County. The property
owner/applicant has simultaneously submitted for an annexation, small scale land
use amendment and rezoning to construct a small auto service center.
The City hired a consultant, Dover, Kohl & Partners, to prepare an alternative
fayade sketch, floor plan and site layout to assist the property owner in
interpreting the intent of the Town Center design guidelines.
6. DEVELOPMENT TRENDS:
This general area along State Road 434 has developed with several civic and
institutional uses, such as City Hall, Winter Springs High School, the water
treatment plant. The City has finalized the Town Center Future Land Use Map
designation and area and established the Town Center District Code. Developers
have been contacting the City with increasing interest now that the Town Center
concept and regulations have been finalized. First groundbreaking is expected
around the intersection of S.R. 434 and Tuskawilla Road with a grocery store and
offices on the former Kingsbury Property at the northwest corner.
7. EXISTING LAND USES OF SUBJECT PROPERTY:
The property is vacant with tree cover and a driveway cutout.
8. LETTERS/PHONE CALLS IN FAVOR OR oPPOSmON:
None at the time of writing this staffreport.
E. EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY:
Northwest: The entrance road and signage for a residential manufactured home
subdivision, Tuscawilla Trails. There are small vacant lots also to the
north of the subject property.
Southwest: A well-maintained, residential manufactured home subdivision. Locally
known as Tuscawilla Trails. A few of the manufactured home lots are
contiguous to the subject property line.
Northeast: S.R. 434 and City Hall, as well as vacant lands.
Southeast: There is one low income single-family residence on a large lot with direct
driveway access onto to S.R. 434.
F. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY:
Existing: Seminole County "Office"
Requested: "Town Center"
G. FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY:
Northwest: Mixed Use
Southwest: Moderate Density Residential (3.6-6.5 DU per acre)
Northeast: Public Building and Mixed Use
Southeast:
Seminole County Office
H. WNING OF SUBJECT PROPERTY:
Existing: (Seminole County) A-I "Agriculture"
Requested: T-C 'Town Center District"
L ZONING ADJACENT TO SUBJECT PROPERTY:
Northwest: R-T/Mobile Home Park District
Southwest: R-T/Mobile Home Park District
Northeast: RC-l/Single Family Dwelling District and C-I/Neighborhood Commercial
District
Southeast: Seminole County A-I Agriculture
II. COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this application.
A. PUBLIC FACILITIES:
1. ROADSrrRAFFIC CmCULATION:
a. Availability of Access:
Direct access is to State Road 434.
b. Function Classification:
State Road 434 is an urban arterial 4-lane east-west roadway.
c. Improvements/expansions (including right-of-way. acquisition) already
programmed or needed as a result of the proposed amendment.
, The traffic generated from a commercial activity on 1.36 acres will not cause
any significant reduction in the Level of Service or threaten the Level of
Service standard "E" of State Road 434. The property owner is subject to the
land development requirements found in Chapter 9 of the City Code and the
Town Center District Code. The amendment would not be in conflict with
MetroPlan Transportation Plan or the Florida Department of Transportation's
5 Year Plan.
The Town Center District Code would require construction of a frontage
road along S.R. 434 "to complete transformation of SR 434 into a boulevard
and allow traffic to circulate within the town center without necessarily using
the regional road system.
2. SANITARY SEWER, SOLID WASTE, STORMW ATER MANAGEMENT,
POTABLE WATER:
POTABLE WATER:
a. Facilities serving the site.
There are none currently serving the site. However, potable water is
available adjacent to the site.
b. Improvements/expansions needed as a result of oroposed amendment:
The developer would tap into the 12 inch water main parallel to State
Road 434 that is adjacent to the subject property.
SANITARY SEWER:
a. Facilities serving the site.
None.
b. Improvements/exoansions needed as a result of proposed amendment:
The developer would extend a line and tap into the 6 inch force main
located 1,500 feet west of the property on State Road 434.
RE-USE WATER SYSTEM:
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
Not required.
DRAINAGE/STORMW ATER:
a. Facilities serving the site.
None. No structural drainage system.
b. Improvements/expansions needed as a result of proposed amendment:
When the property is developed, it must meet Sec. 9-241 of the City Code
and SJRWMD and other applicable requirements. Post development
runoff cannot exceed pre-development runoff. (Use 25 year, 24 hour storm
event for design). There must be a clearly recorded easement for the
infrastructure. The easement must be definitive for maintenance of
structural facilities.
SOLID WASTE:
a. Facilities serving the site.
The City has an exclusive franchise agreement with a solid waste hauler,
Florida Recycling, until 2006.
b. Improvements/expansions needed as a result of proposed amendment:
None.
3. RECREA TION AND OPEN SPACE
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of propOsed amendment:
The proposed use of the property does not involve a residential
component; hence there would not be a requirement for recreational
facilities.
4. FIRE:
a. Facilities serving the site.
No need currently for fire service for the vacant lot
b. Improvements/expansions needed as a result of proposed amendment:
None. The response time would be 4-5 minutes from Fire Station #26.
5. POLICE:
a. Facilities serving the site.
No need currently for police service for the vacant lot.
b. Improvements/expansions needed as a result of proposed amendment:
None. The response time would be 3-4 minutes from the Police Station
located at 300 North Moss Road.
B. NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES.
The nuisance potential of the proposed use resulting from the change of land use
designation from (County) Office to City Town Center District to the surrounding
properties should be minimal in view of the following:
. The City has development standards in its land development regulations to ensure
minimal impacts on surrounding properties, such as buffering. The City's land
development regulations and the site plan review process of the Development Review
Committee can ensure the prevention or minimization of any potential nuisances.
· The City's development review process includes reference to the development
standards of the St. Johns River Water Management District for stormwater
management and prevention of potential pollution to Lake Jessup. The City's
Comprehensive Plan has regulations that help ensure the protection of Lake Jessup
from development activities.
· The proposed land use amendment of the property from County Office to City Town
Center District will be compatible with the existing land use of adjacent properties
through the Town Center District Code standards. .
· The adjacent properties to the east are vacant and public buildings and there are no
compatibility issues.
· The property to the southeast is single family residential that was not designed
appropriately for the character of the Town Center. The property to the southeast
would be anticipated to redevelop in the future to use that is more compatible with
the character and density of a Town Center. Additionally, single-family uses should
no longer be permitted to front directly on S.R. 434 due to classification of the
roadway to move traffic through City. It is not a local residential road and it is
designed to accommodate higher speed traffic volumes.
· The proposed rezoning of the property would act as a transitional use between State
Road 434 and TuskawiUa Trails residential subdivision to the north and west.
Appropriate buffers would be required consistent with the City's land development
regulations to protect residential lots immediately adjacent to the property.
C. NATURAL LANDS COMPATmILITY
1. SOILS
The Soil Survey of Seminole County, Florida published by the Soil Conservation
Service of the U.S. Department of Agriculture note: While many factors other
than soils are important in planning for orderly development, soil quality is a
basic and continuing factor. It demands full consideration, not only as a guide in
determining use but also as a measure of the kind and magnitude of problems that
must be overcome for specific uses.
The soils on this property are generally St. Johns-Malabar-Wabasso which are
nearly level, poorly drained soils that are sandy throughout or have aloamy
subsoil at a depth of about 30 inches or more; on the flatwoods and in sloughs.
More detailed geotechnical data may be necessary to prior to development of the
site.
2. TOPOGRAPHY
The subject property and surrounding area have a very slight grade which should
not be a constraint for development activities.
3. FLOOD PRONE AREAS
A review of the FEMA National Flood Insurance Program Rate Map
(12117COI55-E; April 17, 1995) indicates that subject parcel is not within the
100 year flood prone area, but within the "Zone X - Other Areas" which states
areas determined to be outside the 500 year floodplain.
4. NATURAL RESOURCES
If any federally endangered plants or wetlands are known to exist in the area, a
survey of such species is required prior to final development approval. If any
such species are found on-site, it will be the responsibility of the developer to
obtain permits from the appropriate reviewing agencies prior to final development
approval by the City.
5. mSTORIC RESOURCES
The applicant will be required to provide the City with a letter from the State
Division of Historical Resources stating whether the presence of any
archaeological resources are located on site. There are no structures of historic
significance onsite.
6. WILDLIFE
A wildlife survey is required for those species designated as endangered,
I
threatened or species of special concern prior to final development' approval for
this property per 39-27.003.005 F.A.C.
D. CONSISTENCY WITH THE COMPREHENSIVE PLAN
The proposed small scale comprehensive plan amendment prompted by the voluntary
annexation changing the County designation of Office to the City designation of Town
Center District is consistent with the goals, objectives and policies for the Town Center
adopted by City Ordinance 2000-10.
III. FINDINGS:
1. The applicant wishes to develop the property according to the new Town Center
District land use category and the adopted Town Center District Code.
2. The applicant's proposed land use amendment to City Town Center District
creates an opportunity for employment, which is what the Concept Plan of the
Town Center advocates.
3. Ordinance 2000-10 requires that the City "create a minimum mix of land uses in
the Town Center" which includes 30-60% retail.
4. The adopted Town Center District Code allows automobile repair shops (routine
service) only as special exceptions. Therefore, two discretionary reviews will be
required for approval of the special exception; one before the Development
Review Committee and before the City Commission during a public hearing.
5. The proposed auto center would create jobs for and provide service to local
residents.
6. The City has development standards in its land development regulations to ensure
minimal impacts on surrounding properties, such as buffering. The City's land
development regulations and the site plan review process of the Development
Review Committee can ensure the prevention of any potential nuisances.
7. The City's development review process includes reference to the development
standards of the St. Johns River Water Management District for stormwater
management and prevention of potential pollution to Lake Jessup. The City's
Comprehensive Plan has regulations that help ensure the protection of Lake
Jessup from development activities.
8. The proposed land use amendment from County Office to City Town Center
District is consistent with the goals, objectives and policies for the Town Center.
STAFF RECOMMENDATION:
Based on the Staff Report and the Findings, staff recommends the Planning & Zoning Board
make the following recommendation to the City Commission:
That the City Commission approve the proposed land use amendment from Seminole County
Office land use category to City of Winter Springs Town Center District land use category.
ATTACHMENTS:
A. Ordinance # 2001-_
B. Location map of subject parcel
C. Legal description of the property
D. Application for Comprehensive Plan Amendment
E. Recommended Layouts for the Property provided by the City's consultant.
ATTACHMENT A
ORDINANCE 2001-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA, CHANGING THE FUTURE
LAND USE MAP DESIGNATION OF A 1.36 ACRE PARCEL
OF LAND LOCATED AT 1135 STATE ROAD 434; PURSUANT
TO 171.044(1)(2) AND 166.041 FLORIDA STATUTES;
PROVIDING FOR SEVERABILITY; CONFLICTS AND AN
EFFECTIVE DATE.
WHEREAS, the City of Winter Springs has annexed the 1.36 acre Miranda
property.
WHEREAS, the City can better provide sewer and water service and other urban
services to the subject parcel than Seminole County.
WHEREAS, The Local Planning Agency, at its
meeting, reviewed the
Staff Report, made findings and recommended to the City Commission approval of the
request by Joseph Miranda for a change of Future Land Use Map designation from
Seminole Coooty's "Office" land use category to the City's "Town Center" land use
category.
WHEREAS, The proposed Future Land Use Map designation "Town Center"
for development of commercial activity, is compatible with the commercial nature of
City of Winter Springs Ordinance 2001-_
1
State Road 434 and the proposed Town Center.
WHEREAS, The proposed future land use change from Seminole County
"Office" to City "Town Center" will not negatively impact adjacent land uses, and
the Town Center District Code regulations will be applicable to the property.
WHEREAS, There should be no nuisance to surrounding properties as a
result of the subject parcel being used in the future for commercial pursuits. There
are other existing and proposed commercial establishments in the iImnediate area.
WHEREAS, The City can extend sewer, water, and other urban services to
the subject parcel and adjacent parcels that it provides to other areas of the City.
WHEREAS, The traffic generated from a commercial activity on 1.36 acres
will not cause any significant reduction in the Level of Service or threaten the Level
of Service Standard for State Road 434.
The purpose for the request is to construct a small auto service center.
Property owner is subject to the land development requirements found in Chapter 9
of the City Code. The amendment request would not be in conflict with the
MetroPlan Transportation Plan or the Florida Department of Transportation's 5
Year Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
City of Winter Springs Ordinance 2001-_
2
THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS
FOLLOWS:
SECTION I - Recitals: The foregoing recitals are true and correct and are fully
incorporated herein by tins reference.
SECTION II - Purpose and Intent: It is hereby declared to be tile purpose and
intent of this Ordinance to change the Future Land Use Map designation of the 1.36
acre Miranda property at 1135 State Road 434 as shown in Exhibit "A" of tins
Ordinance.
SECTION ill - Repeal of Prior Inconsistent Ordinances and Resolutions: All
prior inconsistent ordinances and resolutions adopted by the City Commission, or parts
of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of
the conflict.
SECTION IV - Severability: If any section, subsection, sentence, clause, phrase,
word or provision of tIns ordinance is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, whether for substantive, procedural, or any other
reason, such portion shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portions of tins Ordinance.
SECTION V - Effective Date: The effective date of this Ordinance shall take effect
City of Winter Springs Ordinance 2001-_
3
thirty-one (31) days after adoption, in accordance with 163.8187(3)( c) Florida Statutes.
PASSED AND ADOPTED tins_day of
, 2001.
CITY OF WINTER SPRINGS
PAUL P. PARTYKA, MAYOR
AS TO LEGAL FORM AND SUFFICIENCY FOR
THE CITY OF WINTER SPRINGS ONL Y.
ANTHONY GARGANESE, CITY ATTORNEY
ATTEST:
ANDREA LORENZO-LUACES
INTERIM CITY CLERK
1ST READING
POSTED
2ND READING AND PUBLIC HEARING
City of Winter Springs Ordinance 2001-_
4
ATTACHMENT B
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MAP OF SURVEY
.. BOUNDARY"
Co~mencing at the most Easterly corner of that part of block OB' of D.R. MITCHEll'S
SURVEY OF THE LEVY GRANT. as recorded in Plat Book 1, Page 5, in the office of the
Clerk of Circuit Court of Seminole County. Florida. lying South and West at the paved road
leading tram Sanford to Oviedo: thence along the Southwesterly side of the paved road
North 38 degrees 45 minutes West 1586.00 feet to a concrete monument tor a point
of beginning: thence continuing North 3B degrees 45 minutes West 200.00; thence
South 51 degrees 15 minutes West 291.30 feet to the Southeasterly side of a dirt road;
thence South 22 degrees i5 minutes East 208.80 feet: thence North 5i degrees 15 minutes
East 351.10 feet to the point of beginning.
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ATTACHMENT C
63/05/2001 17:00
407-331-3187
FL SITE SELECTORS
PAGE 02/02
Exhibit A
h9innin9 at the 1lI0l!.t Eaat6.X'ly COJ."I\eJ;' of that p&(t"of alack -e" of
I). R. 1>!!1'CHELL'S SURVEY Ok. 'l'lli:tEW GRANT. afII rec:orded. In Plat BQOk 1,
Page 5, in tbe o(fice of the Clcr~ of Clr~t CQ~~t of ~~le
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road North 38 degrees 4S mlnutcul: t"n~t i.S9&.OO feet. to a. concz:ot;a IlIOnUlllont
for b point of ~9innln9f thon~o CI)nt!nu!.nq ~ortb 38 ~C'Jre,e$ 45 Jllirnu:c:J
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Page 1 of 1
ATTACHMENT D
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327.1800
Community Development Depl.
Planning Division
APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT
(TO THE FUTURE LAND USE MAP - 2010)
APPLICANT: 1'1/ P-fr^.J7}A
Last
ADDRESS: /D b 0 /0{)~Sfrc\1
W( o..I~ 5PlINC-S,
City
PHONE: ( tfo7) 3~3 - :5 3.)~
JiJ SEcfff
First
(~. t)
M.
Middle
Ft-
State
5~ 7o~
Zip Code
If applicant does not own the property, provide the following:
OWNER:
Last
First
Middle
ADDRESS:
City
State
Zip Code
PHONE:
This is a request for change of Future Land Use designation from
. to -I-DlPl\) ce.n'f~.,.- on the .property
described below.
Tax Parcel Number: Z 6 30 3 b
Size of Parcel: S1', 372 / I, 3 (,.
,
S-02
000 ()
00 10 .
sq. ft /acres.
Address of Property proposed for change of Future Land Use
Designation: III RANDA CK819
t.f-t Cj / tj 3 tf ZONING & ANNEXATION
113!> S. /(. APR 24 2081/1:55 PK
ADDRESS: !RCPI":81-8071922
, ~s 188.88
U(~ S!t2IN!-f FL-- S'2-io!J
City State Zip Code
Present Zoning of the Parcel:
fr6 - I
I
!t{,-!- lev L -tJI!-~
Reason for request of change of Future Land Use Designation:
(D (r. JV>~cx Silllt1-(..- fh.<7D JEJ2y,cC &Vl-(T{
TO BE SUPPLIED AT TIME OF SUBMISSION OF APPLICATION:
*
A copy of the most recent survey of the subject
property.
*
A copy of the legal description.
*
Notarized authorization of the owner (if applicant is
other than owner or attorney for owner) .
*
Comprehensive Plan Amendment Application Fee.
Applicant/Owner Signature: )~ t/YJ-; ,
Date: ftl~ /3 ')..00 I .
,
~
/'J1~~~~
t.
.'
COMPREHENS IVE PLAN AMENDMENTS ARE SUBJECT TO THE APPROVAL OF THE
CITY COMMISSION AS WELL AS APPROVAL BY THE FLORIDA DEPARTME~T OF
COMMUNITY AFFAIRS. THE AMENDMENT IS NOT EFFECTIVE UNTIL THE
DEPARTMENT OF COMMUNITY AFFAIRS ISSUES A "NOTICE OF INTENT" TO FIND
THE COMPREHENSIVE PLAN AMENDMENT IN COMPLIANCE WITH THE
REQUIREMENTS OF 163.3184 AND 163.3187, FLORIDA STATUES AND 9J-11
FLORIDA ADMINIStRATIVE CODE.
APPLICANTS ARE ADVISED, THAT IF THEY DECIDE TO APPEAL ANY DECISIONS
MADE AT THE MEETINGS OR HEARINGS, WITH RESPECT TO ANY MATTER
CONSIDERED AT THE MEETING OR HEARING, THEY WILL NEED A RECORD OF
THE PROCEEDINGS AND, FOR SUCH PURPOSES, THEY WILL NEED TO INSURE
THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, AT THEIR COST,
WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS
TO BE BASED, PER 286.0105, FLORIDA STATUTES.
PROCEDURE FOR AMENDEMENT
TO THE
COMPREHENSIVE PLAN
A. To apply for an amendment to the City Comprehensive Plan, the
applicant:
1.
Must complete the attached
COMPREHENS IVE PLAN AMENDMENT";
"APPLICATION
FOR
A
2. Must pay $ 100 (plus any legal or consulting costs
incurred by the City, per Resolution #600 of the City);
3. May request a meeting with the City Staff to discuss the
application and the review procedure;
NOTE: Applicant is responsible for providing the required
information, relating to comprehensive plan
amendments, found in 9J-11.006 Florida
Administrative Code. (See accompanying "APPLICANT'S
COMPREHENSIVE PLAN AMENDMENT INFORMATION CHECKLIST"
form)
B. The application is reviewed by the Staff Review Committee and
recommendation is made to the Local Planning Agency (Planning
and Zoning Bo~rd) .
C. The Local Planning Agency holds a hearing to review and make
recommendation on proposed amendment to .the City Commission.
D. Depending on the nature of the proposed amendment:
1. If proposed amendment is related to small scale
development activities as defined by 163.3187 (1) (c) ,
then the City Commission holds a (one) public hearing to
adopt the proposed comprehensive plan amendment and send
the adopted amendment to the Florida Department of
Conununi ty Affairs (DCA). DCA then makes an abbreviated
review and issues "Notice of Intent" finding the adopted
amendment "in compliance" or "not in compliance with
Chapter 163, Florida statutes.
2. If the proposed amendment does not conform to the
definition of small scale as defined by 163.3187(1) (c),
then the City Commission holds a (first) public hearing
in accordance with 163.3184, Florida statutes for
transmittal of proposed comprehensive plan amendment to
the Florida Department of Community Affairs.
E. The City Commission holds a (second) public hearing to review
the DCA Objections, Recommendations and Comments (ORC) Report
and take action to adopt, adopt with changes, or not adopt the
amendmen t .
FOR SMALL SCALE DEVELOPMENT RELATED AMENDMENTS;
THE TIMEFRAME FOR ADOPTION AND IMPLEMENTATION (EFFECTIVENESS) OF
SMALL SCALE DEVELOPMENT RELATED AMENDMENTS IS APPROXIMATELY TWO AND
ONE HALF MONTHS.
FOR OTHER PROPOSED AMENDMENTS:
THE TIMEFRAME FOR ADOPTION AND IMPLEMENTATION (EFFECTIVENESS) OF
AMENDMENTS IS APPROXIMATELY EIGHT (8) MONTHS.
IF A PROl?OSED AMENDMENT IS CHALLENGED, THEN THE TIMEFRAME IS
EXTENDED FOR AN UNDETERMINED PERIOD.
ATTACHMENT E
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