HomeMy WebLinkAbout2012 11 19 Public Hearing 502 Ordinance 2012-19, Toledo Small ScaleCOMMISSION AGENDA
ITEM 502
November 19, 2012
Special Meeting
Informational
Consent
Public Hearings
X
Regular
KS
RS
City Manager Department
REQUEST:
At the request of the applicant, the Community Development Department — Planning
Division requests that City Commission postpone first reading of Ordinance 2012 -19, a
Small -Scale Future Land Use Map Amendment which proposes to change the Future Land
Use Map designation for an approximate 8.29 acre parcel located on the north side of State
Road 434, approximately 582 -feet west of the intersection of DeLeon Street and State Road
434 from "Commercial ", "Conservation" and "Conservation Overlay" to "Low Density
Residential ", "Conservation" and "Conservation Overlay ", to the December 10, 2012
Regular City Commission meeting.
SYNOPSIS:
The City of Winter Springs Community Development Department has received an
application for a Small -Scale Future Land Use Map Amendment, which if approved, would
change the Future Land Use Map designation for an approximate 8.29 acre parcel located
on the north side of State Road 434, approximately 582 -feet west of the intersection of
DeLeon Street and State Road 434 from "Commercial ", "Conservation" and "Conservation
Overlay" to "Low Density Residential ", "Conservation" and "Conservation Overlay ". The
applicant has indicated that this property will be utilized in the development of a single -
family residential subdivision that is proposed to be developed partially in the City of
Winter Springs and partially in the City of Oviedo. At the request of the applicant, the
Community Development Department — Planning Division requests that City Commission
postpone first reading of Ordinance 2012 -19, a Small -Scale Future Land Use Map
Amendment to the December 10, 2012 Regular City Commission meeting.
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 163.3174 (4): The Local Planning Agency shall have the general
Public Hearings 502 PAGE 1 OF 10 - November 19, 2012
responsibility for the conduct of the comprehensive planning program. Specifically, the
Local Planning Agency shall:
(a) Be the agency responsible for the preparation of the comprehensive plan or plan
amendment and shall make recommendations to the governing body regarding the adoption
or amendment of such plan...
(b) Monitor and oversee the effectiveness and status of the comprehensive plan and
recommend to the governing body such changes in the comprehensive plan as may from
time to time be required...
Florida Statute 163.3187 Amendment of adopted comprehensive plan;
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions;
Winter Springs Charter Section 4.15 Ordinances in General;
Winter Springs Article III. Comprehensive Plan Amendments;
Section 15 -30. Authority, purpose and intent;
Section 15 -35. Review Procedure;
Section 15 -36. Review criteria;
Section 15 -37. Local Planning Agency Review and Recommendation:
Prior to the City Commission's consideration of the application, the Local Planning Agency
shall consider the application(s) at a Public Hearing, along with the staff review board's
recommendation, and recommend that the City Commission approve, approve with
modifications (text only), or deny the application for transmittal to the Department of
Economic Opportunity. At a minimum, the Local Planning Agency shall consider the same
factors considered by the staff review board. The LPA shall hold at least one (1) public
hearing prior to making its recommendation to the City Commission.
CONSIDERATIONS:
Applicant — Dwight Saathoff: American Land Investments of Central Florida, LLC.
Location — north side of State Road 434, approximately 582 -feet west of the intersection of
DeLeon Street and State Road 434
Site Information — The approximate 8.29 acre parcel currently has
a "Commercial ", "Conservation ", and "Conservation Overlay" future land use designation.
The applicant has petitioned the City to change the future land use designation of the parcel
to "Low Density Residential ", "Conservation ", and "Conservation Overlay" in order to
develop a single - family residential subdivision on a portion of the property.
PARCEL
Property Address: No existing address
Property Owner: Stanley & Judy Toledo Revocable Living Trust
Applicant Address: 5535 Osprey Isle Lane, Orlando, FL 32819
Public Hearings 502 PAGE 2 OF 10 - November 19, 2012
Property Appraiser Parcel I.D.:
Property Acreage:
Property Legal Description:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
25- 20- 31 -5BA- 0000 -0190
Approximately 8.29 acres
LOT 19 (LESS RD) BLACK HAMMOCK PB
1 PG 31 INFO: 019A -RD CUTOUT FOR 95
City of Winter Springs C -1 (Neighborhood
Commercial)
Commercial, Conservation, Conservation
Overlay
Low Density Residential, Conservation,
Conservation Overlay
Existing Land Uses —The property is currently undeveloped. Per the Seminole County
Property Appraiser GIS (Geographic Information Systems) database, there is a swath of
isolated wetlands that runs across a majority of the width of the subject property. This
portion of the property has a future land use designation of Conservation. Additionally,
there is a Conservation Overlay over a major portion of the property. Per the City's
Comprehensive Plan, the Conservation Overlay is "not intended to prevent development,
but rather identify sensitive areas that need to be reviewed carefully during the review
process to determine whether development should be permitted or if some form of
mitigation may be necessary."
Adjacent existing land uses, zoning and future land use designations include the following:
Development Trends — This parcel along with the adjacent parcels to the east consist
primarily of undeveloped lands characterized by wooded areas. The parcel to the north has a
cellular tower and is also the site of a palm tree growing and harvesting operation. The
parcels to the south consist of two single - family residences and associated accessory
buildings on large lots. These parcels are located in Seminole County. The applicant has
Public Hearings 502 PAGE 3 OF 10 - November 19, 2012
Existing Land Uses
Zoning
Future Land Use
Subject Property
Undeveloped
City of Winter Springs C -1
City of Winter
(Neighborhood
Commercial)
Springs "Commercial ", "Consery
ation" and "Conservation
Overlay"
North
Undeveloped with a palm tree
City of Winter Springs R-
City of Winter Springs "Rural
growing and harvesting
operation, cellular tower
C 1 (Single - family dwelling
district)
Residential"
South
Two (2) single - family
residences with associated
accessory buildings.
Seminole County A -1
Seminole County "Low Density
Residential"
East
Undeveloped
City of Oviedo R -1 (Single-
family zoning district)
City of Oviedo LDR "Low
Density Residential"
West
Single - family residential
City of Winter Springs C -1
City of Winter
subdivision (Barrington
(Neighborhood
Springs "Commercial ", Low
Estates), commercial use
Commercial), R- IA (One
Density Residential" (Barrington
consisting of a daycare center
family dwelling district)
Estates: density of 1.88 dwelling
units per acre).
Development Trends — This parcel along with the adjacent parcels to the east consist
primarily of undeveloped lands characterized by wooded areas. The parcel to the north has a
cellular tower and is also the site of a palm tree growing and harvesting operation. The
parcels to the south consist of two single - family residences and associated accessory
buildings on large lots. These parcels are located in Seminole County. The applicant has
Public Hearings 502 PAGE 3 OF 10 - November 19, 2012
indicated these parcels will be annexed into the City of Oviedo and developed as part of the
same project and with the same density as the subject parcel (7 lots proposed / 8.29 acres =
0.84 dwelling units per acre).
The properties immediately to the west consist of a daycare center and a single - family
residential subdivision known as Barrington Estates, which has approximately 110 lots.
Both of these parcels are within the City of Winter Springs.
Beyond the adjacent parcels, the surrounding area has trended toward low density single -
family development. The subject property has a future land use designation
of "Commercial ", "Conservation" and "Conservation Overlay ". Atypical of commercial
properties, the subject property is not adjacent to any major intersections where major
commercial development is typically found. Moreover, the property has a wide swath of
wetlands across a portion of the property that has precluded any serious commercial
development from being proposed on this property in the past.
Proposed Future Land Use Classification — The proposed change in the future land use
to "Low Density Residential" will permit up to a maximum of 3.5 units per gross acre on
the developable portions of the property. The current designation of "Commercial" permits
a maximum of 0.5 FAR (floor area ratio) on the developable portions of the property. Based
on a conceptual plan that the applicant presented to staff as a point of discussion, only the
eastern portion of the subject property will be utilized for a minimal number of residential
lots. The remainder of the development will be located on adjacent parcels, one of which is
located in the City of Winter Springs, and the remaining two which are located in the City
of Oviedo. The remainder of the subject property will be utilized for wetlands preservation.
According to the application received by the City, no wetland impacts are anticipated. If
during the design phase any such impacts are unavoidable, the applicant will be required to
mitigate said impacts in accordance with all applicable laws. Development of this property
as single - family residences, and retaining the remaining conservation designations appears
to be the highest and best use of the property.
Letters/Phone Calls In Favor Or Opposition — To date, the City has not received any letters
or phone calls in favor or opposition.
COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this
application:
Justification for Future Land Use Designation - The requested future land use map
designation is "Low Density Residential ", "Conservation" and "Conservation Overlay"
from "Commercial ", "Conservation" and "Conservation Overlay ". The applicant has
applied for the future land use amendment in order to develop a portion of the subject
property as a single - family residential subdivision. The proposed use and density is
compatible with the surrounding area, as it generally characterized by low density
residential development patterns.
Public Facilities:
ROADS /TRAFFIC CIRCULATION:
Public Hearings 502 PAGE 4 OF 10 - November 19, 2012
The portion of State Road 434 that the property has frontage along contains two lanes and
has access to the State Road 417 /Greeneway beltway, which is approximately one (1) mile
to the west of the subject property. A conceptual plan that was presented to staff for
discussion purposes shows that the subject property will only have several residential lots
developed on the outer edge of it; no internal roads will be developed on the property.
These lots will have frontage on a street which is proposed to be developed in the City of
Oviedo and the City of Winter Springs which will service the entire development which the
subject property is proposed to be part of.
Availability of Access:
The site could potentially be directly accessed from State Road 434. Conceptual plans
provided by the applicant as a point of discussion with City Staff do not show this property
having direct access to State Road 434, but being interconnected to an adjacent parcel
which is proposed at this point to have access to DeLeon Street, a Seminole County local
road. Access to the State Road 417 /Greeneway is approximately one (1) mile to the west.
As mentioned above, these lots will have frontage on an internal street which is proposed to
be developed in the City of Oviedo and the City of Winter Springs.
Function Classification:
State Road 434 is a principal arterial that runs north from Edgewater Drive near Orlando to
Altamonte Springs, then east to Oviedo, and then south to East Colonial Drive. Within this
portion of the City of Winter Springs, State Road 434 is a two -lane roadway. According to
the City's Comprehensive Plan, the level of service (LOS) on this portion of State Road 434
is `F'. According to the traffic study that was submitted by the applicant, under the
current "Commercial" future land use designation, the property could be developed with a
maximum of 106,722 square feet of retail development. The proposed development
proposal consists of 101 single - family residential units that will be developed on a portion
of the subject property and several of the surrounding properties. According to the
conclusion provided in the traffic study, development of the subject property and the
adjacent parcels as a single - family residential subdivision will result in a net decrease of
3,852 new daily trips and 357 new P.M. peak hour trips on State Road 434.
POTABLE WATER:
City water lines are available in the general vicinity of the subject property. At the time of
development, the applicant will be required to extend water lines to the subject property.
WASTEWATER
City sewer service is available in the general vicinity of the subject property. At the time of
development, the applicant will be required to extend sewer service to the subject property.
RECLAIMED WATER:
Facilities serving the parcels: None currently.
ELECTRIC SERVICE:
Facilities serving the parcels: None currently. The City of Winter Springs is serviced by
Progress Energy for electric service. Progress Energy will provide service to this area, with
no interruption of existing service. A future land use change will not impact current electric
rates.
SOLID WASTE:
Public Hearings 502 PAGE 5 OF 10 - November 19, 2012
Facilities serving the parcels: None currently. The City of Winter Springs currently has a
franchise agreement and is serviced by Waste Services of Florida, Inc., a private solid waste
contractor who will provide service to this area.
STORMWATER MANAGEMENT:
Facilities serving the parcels: None currently. Upon development, the site will be required
to provide on -site stormwater management in accordance with all applicable St. John's
River Water Management District (SJRWMD) criteria.
POLICE:
The City of Winter Springs is responsible for police protection. The station closest in
proximity to the subject property is located at 300 N. Moss Road. Response times are
averaged monthly.
FIRE:
Seminole County is responsible for fire protection. City Hall currently houses a fire station
with a response time of 5 to 8 minutes to this area.
NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES:
The change in designation from "Commercial ", "Conservation" and "Conservation
Overlay" to "Low Density Residential ", "Conservation" and "Conservation Overlay" will
not result in any nuisance potential for the surrounding properties because proposed uses are
compatible with the "Low Density Residential" future land use designation, and the subject
property is surrounded primarily by residential uses designed in low density land use
patterns.
NATURAL RESOURCES COMPATIBILITY:
The subject property includes a conservation future land use designation on the northern
half of the site and a conservation overlay area bisecting the middle portion of the site.
Because the subject property contains both a conservation future land use designation and a
conservation overlay, an environmental impact study has been submitted to determine exact
boundaries of conservation areas. This study will be part of the transmittal package to the
Florida Department of Economic Opportunity (DEO) and all associated review agencies.
SOILS
The parcel consists of Basinger, Samsula and Hontoon Soils, Depressional, and Myakka
and EauGallie sands. Basinger, Samsula and Hontoon Soils, Depressional soils are nearly
level, very poorly drained that are found in swamps and depressions. According to the
Environmental Impact Study that was submitted: "the surface layer of Basinger soil consists
of very dark gray mucky fine sand about six (6) inches thick. Samsula surface layer is muck
that is about 30- inches thick. The surface layer of Hontoon soil consists of dark reddish
brown much about 18- inches thick. During most years, the undrained areas of the soils in
this map unit are ponded for 6 to 9 months or more. The permeability of this soil unit is
rapid." Myakka and EauGallie fine sands are characterized by severe restrictions for
wetness. They are nearly level, and poorly drained.
FLOOD PRONE AREAS
According to the Seminole County Property Appraiser's records, the property is within
flood zone "X ". Based on this, no areas of the property appear to be flood prone.
Public Hearings 502 PAGE 6 OF 10 - November 19, 2012
It has been observed in the past that areas of the subject property are prone to ponding and
therefore only the extreme eastern portion of the property is subject to be developed with
approximately seven (7) residential lots that are shown on the Conceptual Plan that was
presented by the applicant.
HISTORIC RESOURCES
No known historical resources are known to be located on the subject property.
WILDLIFE
The conservation overlay area noted on the City's future land use map indicates the site
may potentially contain protected wildlife habitat areas, in addition to hydric soils /wetlands
and special vegetative communities. Additionally, there is a large portion of the property
which has a "Conservation" future land use designation, which according to the
Comprehensive Plan includes lands which "contain valuable and threatened natural
resources, such as flood plain, estuarine properties, and unique ecological communities ".
The environmental report that was submitted with the future land use amendment
application indicates the existence of gopher tortoises on the property and the existence of
four (4) bald eagle nests within one (1) mile of the subject property, well outside the
required 660 -foot no development buffer that is required around bald eagle nests.
The Environmental Impact Study states the gopher tortoises will be re- located off -site to a
Florida Fish and Wildlife Conservation Commission (FFWCC) approved recipient site.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
Future Land Use Element
The Conceptual Plan that was presented by the applicant as a point of discussion proposes a
density of 0.84 dwelling units per acre on the subject property. Per the Comprehensive Plan,
the Low Density Residential future land use category permits up to a maximum of 3.5
dwelling units per acre. The Low Density Residential category is characterized by detached
single - family homes on one - quarter acre lots. This land use category is intended to be
applied as a transitional land use where higher density residential land uses would conflict
with existing adjacent neighborhoods. The surrounding area is generally characterized by
low density residential uses. Therefore, the proposed future land use amendment is
consistent with the Comprehensive Plan.
Conservation future land use designation includes those lands which contain valuable and
threatened natural resources, such as flood plain, estuarine properties and unique ecological
communities. There will be no future land use change to the portion of the property that has
this designation, and development will not occur on the conservation portion of the
property. Therefore, the proposed future land use amendment is consistent with the
Comprehensive Plan.
The Conservation Overlay is not intended to prevent development, but rather identify
sensitive areas that need to be reviewed carefully during the review process to determine
whether development should be permitted or if some form of mitigation may be necessary.
There will be no future land use change to the portion of the property that has this
designation. Therefore, the proposed future land use amendment is consistent with the
Comprehensive Plan.
Public Hearings 502 PAGE 7 OF 10 - November 19, 2012
The proposed future land use amendment is consistent with the following policies from the
Future Land Use Element of the Comprehensive Plan:
1. Policy 1.1.8 — requires an Environmental Impact Study to be submitted which
identifies the extent of all conservation areas and protected species on -site, and the
impacts of development when a portion of a site is illustrated in the Comprehensive
Plan as having a Conservation Overlay. The applicant submitted and Environmental
Impact Assessment with the application. Additionally, results of the Environmental
Impact Study will be further analyzed by staff during the development review process.
2. Policy 1.12.11 - requires areas determined to need protection through the
Environmental Impact Study process to be placed into a permanent conservation
easement prior to final development order approval.
3. Policy 1.3.1 - requires all development proposals to determine their specific impacts
on current Level of Service (LOS) and mobility standards.
4. Policy 1.3.4 - requires the City to support proposed future land use map amendments
with data and analysis demonstrating that adequate water supplies and associated
public facilities will be available to meet the projected growth demands.
5. Policy 1.6.4 - Encourages land uses that generate high traffic counts to locate adjacent
to arterial roads and mass transit systems.
6. Policy 1.7.1 - requires the City to consider existing and proposed land uses in
adjacent jurisdictions when reviewing proposed land use amendments.
Transportation Element
The proposed future land use amendment is consistent with the following policies from the
Transportation Element of the Comprehensive Plan:
1. Policy 1.1.7 and Policy 1.11.5 — requires a Transportation Impact Analysis for all new
development generating more than 300 total annual average daily trips.
Conservation Element
The proposed future land use amendment is consistent with the following policies from the
Conservation Element of the Comprehensive Plan:
1. Policy 1.4.1 — requires the protection of the natural functions of wetlands through the
Conservation Overlay on the Future Land Use Map and the Conservation land use
category, as defined in the Future Land Use Element.
2. Policy 1.4.6 — requires the incorporation of existing isolated wetlands into
development projects as appropriate, provided the wetlands remain undisturbed and
their natural functions are not impaired.
Public Hearings 502 PAGE 8 OF 10 - November 19, 2012
FINDINGS:
1. The request is consistent with all applicable goals, objectives and policies of
the City's adopted Comprehensive Plan.
2. The request is in conformance with the purpose and intent of the City Code
and with all applicable requirements.
3. Considering the type and location of uses involved and the general character
of the area, the change of the FLUM designation will not result in any
incompatible land uses, including such factors as height, bulk, scale, intensity,
traffic, noise, drainage, dust, lighting, appearance, and other factors deemed
important.
4. The request is consistent with Florida Statute Chapter 163, Part II, of the
Florida Statutes.
FISCAL IMPACT:
The proposed Small -Scale future land use amendment which re- designates the property
from "Commercial ", "Conservation" and "Conservation Overlay" to "Low Density
Residential ", "Conservation" and "Conservation Overlay" poses a risk for the potential loss
of commercial taxable value for the City. The development of the property into a single -
family residential subdivision will provide additional taxable value to the City. The property
is not conducive to commercial development as a majority of the property is comprised of
wetlands or Conservation Easements. The proposed use is the highest and best use of the
subject property.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
In accordance with state statute, this item was advertised in the Orlando Sentinel on October 28,
2012. Additionally, the applicant has met with the Barrington Estates homeowners association
and the president of the Black Hammock Association.
RECOMMENDATION:
At the request of the applicant, the Community Development Department — Planning
Division requests that City Commission postpone first reading of Ordinance 2012 -19, a
Public Hearings 502 PAGE 9 OF 10 - November 19, 2012
Small -Scale Future Land Use Map Amendment to the December 10, 2012 Regular City
Commission meeting.
ATTACHMENTS:
A. Ordinance 2012 -19
B. Traffic Study
C. Environmental Assessment
D. Conceptual Plan
E. Advertisement, Orlando Sentinel — October 28, 2012
F. Minutes, November 7, 2012 Planning & Zoning Board
Public Hearings 502 PAGE 10 OF 10 - November 19, 2012
Attachment "A"
ORDINANCE NO. 2012 -19
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, RELATING TO COMPREHENSIVE PLANNING;
PROVIDING FOR ADOPTION OF AN AMENDMENT TO
THE FUTURE LAND USE MAP BY DESIGNATING
CERTAIN REAL PROPERTY WITHIN THE CITY OF
WINTER SPRINGS GENERALLY DESCRIBED AS ONE (1)
PARCEL OF LAND, CONTAINING 8.29 ACRES, MORE OR
LESS, AND LOCATED GENERALLY ON THE NORTH SIDE
OF STATE ROAD 434 WEST OF THE INTERSECTION OF
DELEON STREET AND STATE ROAD 434, MORE
PARTICULARLY DEPICTED IN EXHIBIT "A," ATTACHED
HERETO, FROM "COMMERCIAL ", "CONSERVATION"
AND CONSERVATION OVERLAY" TO "LOW DENSITY
RESIDENTIAL ", "CONSERVATION" AND CONSERVATION
OVERLAY "; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE COMPREHENSIVE PLAN;
SEVERABILITY, AND AN EFFECTIVE DATE AND LEGAL
STATUS OF THE PLAN AMENDMENT.
WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale
amendment to the City of Winter Springs Comprehensive Plan in accordance with Section
163.3187(1), Florida Statutes; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing on November 7, 2012 in accordance with the procedures established in Chapter 163,
Part II, Florida Statutes, on the proposed comprehensive plan amendment; and
WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public
hearing on the proposed amendment set forth hereunder and considered findings and advice of staff,
citizens, and all interested parties submitting written and oral comments and supporting data and
analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan
Amendment set forth hereunder; and
WHEREAS, the City Commission of the City of Winter Springs hereby finds that this
Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
City of Winter Springs
Ordinance No. 2012 -19
Page 1 of 3
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated
herein by this reference.
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to,
the Community Planning Act, formerly known as the Local Government Comprehensive Planning
and Land Development Regulations Act.
Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this
Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City
of Winter Springs Comprehensive Plan.
Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter
Springs Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real
property depicted on Exhibit "A" from "Commercial" to "Low Density Residential." Exhibit "A"
is attached hereto and fully incorporated herein by this reference.
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 8. Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated
into the City of Winter Springs Comprehensive Plan and any section or paragraph number or letter
and any heading may be changed or modified as necessary to effectuate the foregoing.
Section 9. Effective Date and Legal Status of the Plan Amendment. The effective
date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
Section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of
this Ordinance, in which case this Ordinance shall become effective at such time as the state land
planning agency or the Administrative Commission issues a final order determining that the adopted
small scale development amendment is in compliance. No development orders, development
permits, or land use dependent on this Amendment may be issued or commenced before it has
become effective. After and from the effective date of this Amendment, the Comprehensive Plan
Amendment set forth herein shall amend the City of Winter Springs Comprehensive Plan and
City of Winter Springs
Ordinance No. 2012 -19
Page 2 of 3
become a part of that plan and the Amendments shall have the legal status of the City of Winter
Springs Comprehensive Plan, as amended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2012.
Charles Lacey, Mayor
ATTEST:
Andrea Lorenzo - Luaces, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
City of Winter Springs
Ordinance No. 2012 -19
Page 3 of 3
Exhibit "A"
Legal Description:
Lot 19, MAP OF THE VAN ARSDALE OSBORNE BROKERAGE CO'S ADD. TO BLACK
HAMMOCK, according to the plat thereof as recorded in Plat Book 1, Page 31,
Public Records of Seminole County, Florida
a
BAPIN&TON ESTATES
_.. BLACK HAMMOCK
A AVE
ME
ALA &LY. "_
SR 434
Attachment "B"
TRIP GENERATION ANALYSIS FOR COMPREHENSIVE PLAN AMENDMENT
Winter Springs Parcels @ SR 434 and DeLeon Street
Introduction
This trip generation analysis was conducted for use in conjunction with an application for
comprehensive plan amendment for a property in Winter Springs, Florida. The property
consists of 28.88 acres in three parcels as follows:
• Toledo Parcel - 8.29 acres
Tax Parcel Number: 25- 20- 31 -5BA- 0000 -0190
• Weaver Parcel
- 19.10 acres
Tax Parcel Number: 03- 21 -31- 300 - 0090 -0000
• Florida Avenue R/W - 1.49 acres
50 -foot Right -of -Way located between Toledo and Weaver Parcels
Figure 1 depicts the location of these parcels north of SR 434 to the west of DeLeon Street in
Winter Springs, Florida. The Toledo Parcel has a current future land use designation of
commercial (4.90 acres) and conservation (3.39 acres). The Weaver Parcel has a current
future land use designation of rural residential. The Florida Avenue Right -of -Way, now vacant,
will be vacated so that it can be developed in conjunction with the Toledo and Weaver Parcels.
American Land Investments of Central Florida, LLC, the Applicant, is proposing to change the
future land use designation (or classification) of these parcels to low density residential.
TPD No. 4407
October 3, 2012
Traffic Planning and Design, Inc.
535 Versailles Drive, Maitland, Florida 32751 • Phone (407) 628 -9955 • Fax (407) 628 -8850 • www.tpdtraffic.com
Weaver
03 -21 -31 -3000- 0090 -0000
Florida Ave FM
Toledo
25- 20- 31 -5BA- 0000 -0190
Weaver - Toledo Sites
Project Ng 4407
Figure 1
Siva Location
/s
NTS
Land Use Intensity Analysis
Under the current land use classification, the parcels under consideration have the following
maximum allowable uses:
• Toledo parcel — Its Commercial land use allows development up to an FAR of 0.50. This
would result in 106,722 square feet of retail commercial development (4.90 acres x
43,560 SF x 0.5 = 106,722 SF). Its conservation land use will not be developed.
• Weaver Parcel — Its Rural Residential classification allows development up to 1 DU/
gross acre. This would result in 19 residential units (19.10 x 1 DU /acre)
• Florida Avenue Right -of -Way — Reserved for road construction, no development.
Under the proposed future land use classification, the entire property of 28.88 acres will be Low
Density Residential with up to 3.5 DU /gross acre. This would result in the construction of 101
residential units (28.88 x 3.5 DU /acre = 101.08).
Trip Generation Analysis
The trip generation of the uses identified in the current and proposed future land use
classifications was calculated with the use of trip generation data from the ITE Trip Generation
Report' and ITE Trip Generation Handbook2. This calculation is summarized in Table 1 and trip
generation worksheets included in the Appendix.
TABLE 1
Trip Generation Summary, Comprehensive Plan Amendment
Land Use
ITE
Code
Size
Trip Generation Rate
% New
Trips
Trip Generation
Daily 1 PM Pk Hr
Daily PM Pk Hr
Current FLUM
Toledo Parcel- Commercial
820
106.722 KSF
66.38
6.23
66%
4,675
439
Weaver Parcel — Residential
210
19 DU
11.88
1.24
100%
226
24
Subtotal
4,901
463
Proposed FLUM
All Parcels- Residential 1 210 1 101 DU 10.39 1 1.05 1 100%
1,049
106
Difference in New Net Trips
-3,852
-357
KSF = Thousand Square Feet, DU — Dwelling Unit
i Institute of Transportation Engineers, Trip Generation Report, 8t'` Edition, 2008
Institute of Transportation Engineers, Trip Generation Handbook, 2" Edition, 2004,
As shown in the table, the most intense development under the current future land use
designation has a much higher trip generation than the most intense development under the
proposed future land use designation. The proposed amendment to the future land use
classification would result in a decrease of 3,852 new daily trips and 357 new P.M. peak hour
trips under the most intense development scenarios.
Conclusions
The Applicant is proposing to amend the future land use of 28.88 acres in the City of Winter
Springs from commercial and conservation, rural residential, and road right -of -way to Low
Density Residential (LDR). As documented herein the proposed future land use amendment
would result in a net decrease of 3,852 new daily trips and 357 new P.M. peak hour trips. This
would result in reduced traffic impacts in the area especially for the area's major roadway, SR
434 which is a two -lane principal arterial in this area. The Orlando Area Transportation Study
(OUATS) Cost Feasible Plan includes this roadway segment as a four -lane divided facility.
APPENDIX
Trip Generation Worksheets
Summary of Trip Generation Calculation
For 106.722 Th.Sq.Ft. GLA of Shopping Center
October 03, 2012
Average Standard Adjustment Driveway
Rate Deviation
Factor Volume
Avg. Weekday 2 -Way Volume
7 -9 AM Peak Hour Enter
7 -9 AM Peak Hour Exit
7 -9 AM Peak Hour Total
4 -6 PM Peak Hour Enter
4 -6 PM Peak Hour Exit
4 -6 PM Peak Hour Total
Saturday 2 -Way Volume
Saturday Peak Hour Enter
Saturday Peak Hour Exit
Saturday Peak Hour Total
66.38 0.00
0.91
0.58
1.50
3.05
3.18
6.23
0.00
0.00
0.00
0.00
0.00
0.00
90.20 0.00
4.36
4.02
8.38
0.00
0.00
0.00
1.00 7084
1.00 98
1.00 62
1.00 160
1.00 326
1.00 339
1.00 665
1.00 9626
1.00 465
1.00 429
1.00 894
Note: A zero indicates no data available.
The above rates were calculated from these equations:
24 -Hr. 2 -Way Volume: LN(T) =
7 -9 AM Peak Hr. Total: LN(T) =
R^2 = 0.
4 -6 PM Peak Hr. Total: LN(T) =
AM Gen Pk Hr. Total:
PM Gen Pk Hr. Total:
Sat. 2 -Way Volume:
Sat. Pk Hr. Total:
Sun. 2 -Way Volume:
Sun. Pk Hr. Total:
.65LN(X) +
.59LN(X) +
52 , 0.61
.67LN(X) +
5.83, R02 = 0.78
2.32
Enter, 0.39 Exit
3.37
R02 = 0.81 , 0.49 Enter, 0.51 Exit
0
R02 = 0 , 0 Enter, 0 Exit
0
R02 = 0 , 0 Enter, 0 Exit
LN(T) = .63LN(X) + 6.23, R02 = 0.82
LN(T) = .65LN(X) + 3.76
R02 = 0.83 , 0.52 Enter, 0.48 Exit
T = 15.63(X) + 4214.46, R02 = 0.52
0
R02 = 0 , 0 Enter, 0 Exit
Source: Institute of Transportation Engineers
Trip Generation, 8th Edition, 2008.
TRIP GENERATION BY MICROTRANS
Summary of Trip Generation Calculation
For 106.722 Th.Sq.Ft. GLA of Shopping Center
October 03, 2012
Average Standard Adjustment Driveway
Rate Deviation
Factor Volume
Avg. Weekday 2 -Way Volume
7 -9 AM Peak Hour Enter
7 -9 AM Peak Hour Exit
7 -9 AM Peak Hour Total
4 -6 PM Peak Hour Enter
4 -6 PM Peak Hour Exit
4 -6 PM Peak Hour Total
Saturday 2 -Way Volume
Saturday Peak Hour Enter
Saturday Peak Hour Exit
Saturday Peak Hour Total
66.38 0.00
0.91
0.58
1.50
3.05
3.18
6.23
0.00
0.00
0.00
0.00
0.00
0.00
90.20 0.00
4.36
4.02
8.38
0.00
0.00
0.00
1.00 7084
1.00 98
1.00 62
1.00 160
1.00 326
1.00 339
1.00 665
1.00 9626
1.00 465
1.00 429
1.00 894
Note: A zero indicates no data available.
The above rates were calculated from these equations:
24 -Hr. 2 -Way Volume: LN(T) =
7 -9 AM Peak Hr. Total: LN(T) =
R^2 = 0.
4 -6 PM Peak Hr. Total: LN(T) =
AM Gen Pk Hr. Total:
PM Gen Pk Hr. Total:
Sat. 2 -Way Volume:
Sat. Pk Hr. Total:
Sun. 2 -Way Volume:
Sun. Pk Hr. Total:
.65LN(X) +
.59LN(X) +
52 , 0.61
.67LN(X) +
5.83, R02 = 0.78
2.32
Enter, 0.39 Exit
3.37
R02 = 0.81 , 0.49 Enter, 0.51 Exit
0
R02 = 0 , 0 Enter, 0 Exit
0
R02 = 0 , 0 Enter, 0 Exit
LN(T) = .63LN(X) + 6.23, R02 = 0.82
LN(T) = .65LN(X) + 3.76
R02 = 0.83 , 0.52 Enter, 0.48 Exit
T = 15.63(X) + 4214.46, R02 = 0.52
0
R02 = 0 , 0 Enter, 0 Exit
Source: Institute of Transportation Engineers
Trip Generation, 8th Edition, 2008.
TRIP GENERATION BY MICROTRANS
Summary of Trip Generation Calculation
For 19 Dwelling Units of Single Family Detached Housing
October 03, 2012
Average Standard Adjustment Driveway
Rate Deviation
Factor Volume
Avg. Weekday 2 -Way Volume
7 -9 AM Peak Hour Enter
7 -9 AM Peak Hour Exit
7 -9 AM Peak Hour Total
4 -6 PM Peak Hour Enter
4 -6 PM Peak Hour Exit
4 -6 PM Peak Hour Total
Saturday 2 -Way Volume
Saturday Peak Hour Enter
Saturday Peak Hour Exit
Saturday Peak Hour Total
11.88 0.00
0.30
0.91
1.21
0.78
0.46
1.24
0.00
0.00
0.00
0.00
0.00
0.00
11.50 0.00
0.74
0.65
1.39
0.00
0.00
0.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
226
6
17
23
15
9
24
219
14
12
26
Note: A zero indicates no data available.
The above rates were calculated from these equations:
24 -Hr. 2 -Way Volume:
7 -9 AM Peak Hr. Total:
4 -6 PM Peak Hr. Total:
AM Gen Pk Hr. Total:
PM Gen Pk Hr. Total:
Sat. 2 -Way Volume:
Sat. Pk Hr. Total:
Sun. 2 -Way Volume:
Sun. Pk Hr. Total:
LN(T) = .92LN(X) + 2.71, R02 = 0.96
T = .7(X) + 9.74
R02 = 0.89 , 0.25 Enter, 0.75 Exit
LN(T) = .9LN(X) + .51
R02 = 0.91 , 0.63 Enter, 0.37 Exit
T = .7(X) + 12.37
R02 = 0.89 , 0.26 Enter, 0.74 Exit
LN(T) = .88LN(X) + .62
R02 = 0.91 , 0.64 Enter, 0.36 Exit
LN(T) = .95LN(X) + 2.59, R02 = 0.92
T = .89(X) + 9.56
R02 = 0.91 , 0.53 Enter, 0.47 Exit
T = 8.84(X) + - 13.31, R02 = 0.94
LN(T) = .91LN(X) + .35
R02 = 0.87 , 0.53 Enter, 0.47 Exit
Source: Institute of Transportation Engineers
Trip Generation, 8th Edition, 2008.
TRIP GENERATION BY MICROTRANS
Summary of Trip Generation Calculation
For 101 Dwelling Units of Single Family Detached Housing
October 03, 2012
Average Standard Adjustment Driveway
Rate Deviation
Factor Volume
Avg. Weekday 2 -Way Volume
7 -9 AM Peak Hour Enter
7 -9 AM Peak Hour Exit
7 -9 AM Peak Hour Total
4 -6 PM Peak Hour Enter
4 -6 PM Peak Hour Exit
4 -6 PM Peak Hour Total
Saturday 2 -Way Volume
Saturday Peak Hour Enter
Saturday Peak Hour Exit
Saturday Peak Hour Total
10.39 0.00
0.20
0.60
0.80
0.66
0.39
1.05
0.00
0.00
0.00
0.00
0.00
0.00
10.58 0.00
0.52
0.46
0.98
0.00
0.00
0.00
1.00 1049
1.00 20
1.00 60
1.00 80
1.00 67
1.00 39
1.00 106
1.00 1069
1.00 53
1.00 47
1.00 99
Note: A zero indicates no data available.
The above rates were calculated from these equations:
24 -Hr. 2 -Way Volume:
7 -9 AM Peak Hr. Total:
4 -6 PM Peak Hr. Total:
AM Gen Pk Hr. Total:
PM Gen Pk Hr. Total:
Sat. 2 -Way Volume:
Sat. Pk Hr. Total:
Sun. 2 -Way Volume:
Sun. Pk Hr. Total:
LN(T) = .92LN(X) + 2.71, R02 = 0.96
T = .7(X) + 9.74
R02 = 0.89 , 0.25 Enter, 0.75 Exit
LN(T) = .9LN(X) + .51
R02 = 0.91 , 0.63 Enter, 0.37 Exit
T = .7(X) + 12.37
R02 = 0.89 , 0.26 Enter, 0.74 Exit
LN(T) = .88LN(X) + .62
R02 = 0.91 , 0.64 Enter, 0.36 Exit
LN(T) = .95LN(X) + 2.59, R02 = 0.92
T = .89(X) + 9.56
R02 = 0.91 , 0.53 Enter, 0.47 Exit
T = 8.84(X) + - 13.31, R02 = 0.94
LN(T) = .91LN(X) + .35
R02 = 0.87 , 0.53 Enter, 0.47 Exit
Source: Institute of Transportation Engineers
Trip Generation, 8th Edition, 2008.
TRIP GENERATION BY MICROTRANS
Env«onmental << - °.id Permitting Services
July 11, 2012
Robert Zlatkiss
Lexfor Capital
3911 Orange Lake Drive
Orlando, Florida 32817
Attachment "C"
info @btc- inc.com
www.btc- inc.com
Proj: SR 434 & Deleon Street Project Site; Seminole County, Florida
Section 03, Township 21 South, Range 31 East
(BTC File #672- 01.05)
Re: Preliminary Environmental Assessment
Dear Mr. Zlatkiss:
During May and June of 2012, Bio -Tech Consulting, Inc. (BTC) conducted a
preliminary environmental assessment of the SR 434 & Deleon Street Project
Site. This approximately 53.46 -acre site fronts on both the north and south
sides of SR 434 and the west side of Deleon Street; approximately three -
quarters of a mile west of the Eastern Beltway (SR 417); within Section 03,
Township 21 South, Range 31 East; Seminole County, Florida (Figures 1, 2
& 3). This preliminary environmental assessment included the following
elements:
• review of soil types mapped within the site boundaries;
• evaluation of land use types /vegetative communities present;
• wildlife survey; and,
• field review for occurrence of protected species of flora and fauna.
SOILS
According to the Soil Survey of Seminole County, Florida, prepared by the
U.S. Department of Agriculture (USDA), Natural Resources Conservation
Service (NRCS), five (5) soil types occur within the subject property
boundaries (Figure 4). These soils include the following:
Key West Vero Beach Orlando Jacksonville - a
Robert Zlatkiss; Lexjor Capital
SR 434 & Deleon Street Project Site - Seminole County, Florida (13TC'File u672 -01.05)
Preliminary Environmental Assessment
Page 2 of 9
• Basinger and Delray fine sands ( #9)
• Basinger, Samsula, and Hontoon soils, depressional ( #10)
• Basinger and Smyrna fine sands, depressional ( #11)
• Canova and Terra Ceia mucks ( #12)
• Myakka and EauGallie fine sands ( #20)
The following presents a brief description of the soil types mapped for the subject property:
Basinger and Delray fine sands ( #9) are nearly level, poorly drained soils and very poorly
drained soils found in sloughs and poorly defined drainageways. Typically the surface layer of
Basinger soil consists of very dark gray fine sand about 5 inches thick. Typically the surface
layer of Delray soil consists of black fine sand about 12 inches thick. During most years the
seasonal high table for this soil type is within 12 inches of the surface for 6 months or more. The
permeability of Basinger soil is rapid. The permeability of Delray soil is rapid in the upper part
and moderate in the lower part.
Basinger, Samsula and Hontoon soils, depressional ( #10) are nearly level, very poorly drained
soils found in swamps and depressions. Typically the surface layer of Basinger soil consists of
very dark gray mucky fine sand about 6 inches thick. Typically the surface layer of Samsula soil
is muck about 30 inches thick. Typically the surface layer of Hontoon soil consists of dark
reddish brown muck about 18 inches thick. During most years, the undrained areas of the soils
in this map unit are ponded for 6 to 9 months or more. The permeability of this soil unit is rapid.
Basinger and Smyrna fine sands, depressional ( #11) are nearly level, very poorly drained soils
found in depressions. Typically the surface layer of Basinger soil consists of black mucky fine
sand about 5 inches thick. Typically the surface layer of Smyrna soil consists of black fine sand
about 2 inches thick. During most years undrained areas of this soil unit are ponded for 6 to 9
months. The permeability of Basinger soil is rapid. The permeability of Smyrna soil is rapid in
the surface and subsurface, moderate or moderately rapid in the subsoil, and rapid in the
sub stratum.
Canova and Terra Ceia mucks ( #12) are nearly level and very poorly drained soils found in
depressions and freshwater marshes. Typically, Canova soil has a surface layer of black muck
about 10 inches thick. Typically, Terra Ceia soil has a surface layer of black muck about 7
inches thick. In most years, undrained areas of the soils in this map unit are ponded for 6 to 9
months or more. The permeability is rapid in the upper part of Canova soil and is moderate or
moderately rapid in the lower part. The permeability of Terra Ceia soil is rapid, but internal
drainage is impeded by the shallow water table.
Environmental and Permit
Robert Zlatkiss; Lexfor Capital
SR 434 & Deleon Street Project Site - Seminole County, Florida (BTC File = 672 -01.05)
Preliminary Environmental Assessment
Page 3 of 9
Myakka and EauGallie fine sands ( #20) are nearly level, poorly drained soils found on broad
plains on the flatwoods. Typically the surface layer of Myakka soil consists of black fine sand
about 5 inches thick. Typically the surface layer of EauGallie soil consists of dark gray fine sand
about 5 inches thick. During most years the seasonal high table for this soil type is within 12
inches of the surface for 1 to 4 months. The permeability of Myakka soil is rapid in the surface
and subsurface layers and in the substratum and moderate or moderately rapid in the subsoil.
The permeability of EauGallie soil is rapid in the surface and subsurface layers, moderate or
moderately rapid in the sandy part of the subsoil and moderately slow in the loamy part of the
subsoil.
The Florida Association of Environmental Soil Scientists (FAESS) considers Basinger and
Delray fine sands ( #9), Basinger, Samsula, and Hontoon soils, depressional ( #10), Basinger and
Smyrna fine sands, depressional ( #11), and Canova and Terra Ceia mucks ( #12) as hydric soil
types. Furthermore, the FAESS considers inclusions present in Myakka and Eaugallie fine sands
( #20) as hydric. This information can be found in the Hydric Soils of Florida Handbook, Third
Edition (March, 2000). It should be stated, however, that evidence of these soils were not
observed across the majority of the site.
LAND USE TYPES/VEGETATIVE COMMUNITIES
The SR 434 & Deleon Street Project Site currently supports seven (7) land use types /vegetative
communities within it's boundaries. These land use types were identified utilizing the Florida
Land Use, Cover and Forms Classification System, Level III (FLUCFCS, FDOT, January 1999)
(Figure 5). The uplands within the subject property consist of Residential, Low Density (111),
Tree Nursery (241), and Temperate Hardwood (425), Disturbed Lands (740), and
Communication Facilities (822). The wetland /surface water types consist of Streams &
Waterways (510) and Wetland Forested Mixed (630). The following provides a brief description
of the land use types /vegetative communities identified on the site:
Uplands:
111 Residential, Low Density
Two (2) portions of the subject property's upland community may best be classified as
Residential, Low Density (111), per the FLUCFCS. The larger of these communities is located
within that portion of the property south of SR 434 and the second, smaller community is located
along the property's eastern boundary, off of Deleon Street. Both of these areas contain
residential dwellings and assorted secondary buildings, sheds, pole barns, etc. Vegetation
observed within the residential lots includes species such as live oak (Quercus virginiana), laurel
oak (Quercus laurifolia), southern magnolia (Magnolia grandiflora), and cabbage palm (Sabal
Environmental and Permit
Robert Zlatkiss; Lexfor Capital
SR 434 & Deleon Street Project Site - Seminole County, Florida (BTC File u672 -01.05)
Preliminary Environmental Asses,sment
Page 4 of 9
palmetto) throughout the canopy and sub- canopy; with understory species consisting of
bahiagrass (Paspalum notatum), saw palmetto (Serenoa repens), and numerous ornamental
species.
241 Tree Nursery
Within the northern portion of the overall property exists a community that may best be
classified as Tree Nursery (241), per the FLUCFCS. More specifically, this nursery contains a
variety of in- ground palms such as Washingtonia palm ( Washingtonia robusta) and queen palm
(Syagrus romanzoffiana); with species such as ragweed (Ambrosia artemisifolia), dogfennel
(Eupatorium capillifolium), bahiagrass (Paspalum notatum), caesarweed (Urena lobata),
blackberry (Rubus spp), Spanish needles (Bidens alba), Cuban jute (Sida rhombefolia), and
Cupid's shaving brush (Emilia sonchifolia) existing between the rows of planted palms.
425 Temperate Hardwood
The largest and most expansive of the subject property's upland communities may best be
classified as Temperate Hardwood (425), per the FLUCFCS. This community is located along
the eastern and western boundaries of that portion of land located south of SR 434 and also
within the southeastern and west - central portions of the property located to the north of SR 434.
Dominant vegetative species consist of live oak (Quercus virginiana), laurel oak (Quercus
laurifolia), southern magnolia (Magnolia grandiflora), pignut hickory (Carya glabra), cabbage
palm (Sabal palmetto), camphor (C amphora cinnamomum), hackberry (Celtis occidentalis),
sweetgum (Liquidambar stvraciflua), American elm (Ulmus Americana), Chinaberry (Melia
azedarach) and scattered citrus (Citrus spp); with an understory of dwarf palmetto (Sabal
minor), saw palmetto (Serenoa repens), beautyberry (Callicarpa Americana), muscadine vine
(Vitis rotundifolia), greenbriar (Smilax spp), blackberry (Rubus spp), swordfern (Polvstichum
munitum), bracken fern (Pteridium aquilinum), and poison -ivy (Toxicodendron radicans).
Within the southwestern portion of this community, a large amount of switch cane (Arundinaria
gigantean) exists throughout the understory. It should also be noted that within the southeastern
portion of the property, north of SR 434 and west of Deleon Street, the majority of the
groundcover has been cleared. Within this portion of the property a large amount of Guinea grass
(Panicum maximum) exists.
740 Disturbed Lands
A small portion of the subject property's upland communities may best be classified as
Disturbed Lands (740), per the FLUCFCS. This community is located within the southwest
corner of that portion of land located north of SR 434 and has been historically cleared.
Vegetative species observed consist of a scattered canopy of cabbage palm (Sabal palmetto),
Chinaberry (Melia azedarach), and laurel oak (Quercus laurifolia); with a groundcover of
Fg irornnemal and Permit
g
g Set
Robert Zlatkiss; Lexfor Capital
SR 434 & Deleon Street Project Site - Seminole County, Florida (13TC File = 672 -01.05)
Preliminary Environmental Assessment
Page 5 of 9
Guinea grass (Panicum maximum), lantana (Lantana camarera), cogongrass (Imperata
cvlindrica), dogfennel (Eupatorium capillifolium), ragweed (Ambrosia artemisifolia), Cuban jute
(Sida rhombifolia), blackberry (Rubus spp), Spanish needles (Bidens alba), and caesarweed
(Urena lobata).
822 Communication Facilities
The final of the subject property's upland communities may best be classified as Communication
Facilities (822), per the FLUCFCS. This community is directly associated with a cell phone
tower that is located centrally along the subject property's western boundary.
Wetlands /Surface Waters:
510 Streams & Waterways
A number of ditch systems extend through the subject property that may best be classified as
Streams & Waterways (510), per the FLUCFCS. Although most of the ditch systems associated
with the property are considered argicultural ditches located within the Tree Nursery (241), there
is a large ditch system that runs north -to -south through the entire propety. This ditch system
bisects the property's large, forested wetland within its western portion and extends north into
the nursery, eventually outfalling into District lands. Additionally, a number of upland cut ditch
systems extend through the eastern portion of the property and convey surface water to the
roadside ditch along Deloen Street. Lastly, one upland cut ditch exists within the southern
portion of the property that is associated with the old SR 434 right -of -way. This ditch, identified
as Surface Water 2 (SW -2), is now isolated and no longer conveys drainage off -site. All ditches
are to be located via survey and depicted as top -of -bank.
630 Wetland Forested Mixed
All of the subject property's wetland communities may best be classified as Wetland Forested
Mixed (630), per the FLUCFCS. A total of four (4) wetland systems exist within the limits of the
overall property. Vegetation observed within these systems consists of laurel oak (Quercus
laurifolia), cabbage palm (Sabal palmetto), bald cypress (Taxodium distichum), red maple (Ater
rubrum), loblolly bay (Gordonia lasianthus), hackberry (Celtis occidentalis), American elm
(Ulmus americana), sweetgum (Liquidambar stvraciflua), and water oak (Quercus nigra)
throughout the canopy; with understory species such as elderberry (Sambucus cannadensis),
swamp fern (Blechnum serrulatum), cinnamon fern (Osmunda cinnamomea), southern shield
fern (Thelpteris kunthii), blackberry (Rubus spp), wild taro (Colocasia esculenta), poison -ivy
(Toxicodendron radicans), air potato (Dioscorea bulbifera), and creeping oxeye (Wedelia
trilobata).
Environmental and Permit
Robert Zlatkiss; Lexfor Capital
SR 434 & Deleon Street Project Site - Seminole County, Florida (BTC File = 672 -01.05)
Preliminary Environmental Asses,sment
Page 6of9
All wetlands within the limits of the subject property have been field delineated using pink "Bio-
Tech Consulting" flagging tape.
Additionally, it should be stated that an informal jurisdictional review was conducted by St.
Johns River Water Management District (SJRWMD) staff on July 2, 2012. After a few
modifications /adjustments, the limits of the wetlands as delineated by BTC were approved.
PROTECTED SPECIES
Utilizing methodologies outlined in the Florida Fish and Wildlife Conservation Commission's
(FFWCC) Gopher Tortoise Permitting Guidelines (revised June 2011) an assessment for "listed"
floral and faunal species occurring within the subject property boundaries was conducted. This
survey covered approximately 100% of the subject property. Particular attention was given to
those listed species which have the potential to occur in Seminole County (see attached Table 1).
The review included direct observations, as well as evidence of a particular species' presence
such as tracks, burrows, tree markings and birdcalls. No plant species listed by either The
Florida Department of Agriculture (FDA) or U.S. Fish and Wildlife Service (USFWS) was
identified on the site during the assessment conducted. However, one (1) species was identified
that is listed as "commercially exploited" by the Florida Department of Agriculture and
Consumer Services (FDACS). The harvesting of this species, cinnamon fern (Osumunda
cinnamomea) for commercial gain is not allowed. However, the listing of this species poses no
restrictions towards the development of the subject property. The following is a list of those
wildlife species identified during the evaluation of the property:
Reptiles and Amphibians
black racer (Coluber constrictor)
brown anole (Anolis sagrei)
fence lizard (Sceloporus undulatus)
gopher tortoise (Gopherus polyphemus)
green anole (Anolis caroliniana)
Birds
Black Vulture (Coragyps atratus)
Blue Jay (C'yanocitta cristata)
Common Grackle (Quiscalus quiscula)
Carolina Wren (Thryothorus ludovicianus)
Mourning Dove (Zenaida macroura)
Northern Cardinal (Cardinalis cardinalis)
Environmental and Permit
Robert Zlatkiss; Lexfor Capital
SR 434 & Deleon Street Project Site - Seminole County, Florida (BTC File = 672 -01.05)
Preliminary Environmental Asses,sment
Page 7 of 9
Northern Mockingbird (Mimes polyglottos)
Mammals
eastern gray squirrel (Sciurus carolinensis)
nine - banded armadillo (Dasypus novemcinctus)
raccoon (Procyon lotor)
marsh rabbit (Sylvilagus pahistris)
Virginia opossum (Didelphis virginiana)
One (1) of the above identified species is listed in the FFWCC's Official Lists - Florida's
Endangered Species, Threatened Species and Species of Special Concern (October, 2011). This
species is the gopher tortoise. The gopher tortoise is currently "listed" as "Threatened ". The
following provides a brief description of this species as it relates to development of the property.
Gopher Tortoise (Gopherus polyphemus)
State Listed as "Threatened"
Currently the gopher tortoise (Gopherus polyphemus) is classified as a "Category 2 Candidate
Species" by USFWS, and as of September 2007 is now classified as "Threatened" by FFWCC,
and as "Threatened" by FCREPA. The basis of the "Threatened" classification by the FFWCC
for the gopher tortoise is due to habitat loss and destruction of burrows. Gopher tortoises are
commonly found in areas with well- drained soils associated with the pine flatwoods, pastures
and abandoned orange groves. Several other protected species known to occur in Seminole
County have a possibility of occurring in this area, as they are gopher tortoise commensal
species. These species include the eastern indigo snake (Drymarchon corals couperi), Florida
mouse (Podomys floridanus) and the gopher frog (Rana capito). However, none of these species
were observed during the survey conducted. A number of tortoise burrows was observed
through -out the subject property.
The subject property was surveyed for the existence of gopher tortoises through the use of
pedestrian transects (Figure 6). The survey covered approximately 100% of the suitable habitat
present within the subject property boundaries. Four (4) active /inactive gopher tortoise burrows
were observed and recorded using GPS technology. Based on four (4) potentially occupied
burrows, it is estimated that approximately three (3) may be occupied by a tortoise. This number
is based on the factored occupation rate of 0.614 (Auffenburg- Franz). Therefore, for the purpose
of estimating costs associated with the subject project, as many as three (3) gopher tortoises are
estimated to occupy these burrows.
The FFWCC provides three (3) options for developers that have gopher tortoises on their
property. These options include: 1) avoidance (i.e., 25 -foot buffer around burrow), 2)
Environmental and Permit
Robert Zlatkiss; Lexfor Capital
SR 434 & Deleon Street Project Site - Seminole County, Florida (BTC File = 672 -01.05)
Preliminary Environmental Asses,sment
Page 8 of 9
preservation of habitat, and 3) off -site relocation. As such, resolution of the gopher tortoise issue
will need to be permitted through FFWCC prior to any construction activities.
Based on the tortoise population that exists within the site and the expected development plan for
the property (residential /commercial), there is only one potential option for resolving the gopher
tortoise issue. This option is off -site relocation and would require that any tortosie within 25 feet
of proposed construction activities be relocated off -site to an approved recipient site. For the
four (4) gopher tortoise burrows, the estimated cost of off -site relocation is approximately
$6,325.00 for the subject site; depending on the available recipient site at the time of permitting
and the actual number of tortoises relocated. This cost includes a formal 100% gopher tortoise
survey, permitting, excavation with a qualified biologist /FFWCC "authorized agent ", and the
recipient site fees.
If relocation efforts cannot be completed within 90 days of a formal gopher tortoise survey,
FFWCC requires an additional survey to be conducted. The fee for this additional survey is not
included in the above cost estimate.
Independent to the costs associated with gopher tortoise relocations (i.e., recipient site fees,
excavation, silt fencing, transportation costs, etc.), FFWCC will be assessing a $200.00 fee for
the first five (5) gopher tortoises and $300.00 per tortoise fee for all remaining on -site tortoises.
Based on the estimated tortoise, the subject development site would be required to pay a one
time fee of $200.00, paid to FFWCC prior to obtaining any permit (i.e., off -site relocation
permits). This FFWCC mitigation fee requirement began after April 2009.
Bald Eagle (Haliaeetus leucocephalus)
USFWS Listed as "Threatened"
In addition to the on -site review for "listed" species, BTC conducted a review of the FFWCC's
recorded Bald Eagle (Haliaeetus leucocephalus) nest sites on or in the vicinity of the subject
property. This review revealed four (4) Bald Eagle nests, through the 2011 -2012 nesting season,
within one (1.0) mile of the subject site. These nests, Nest SE -004, Nest SE -018, Nest SE -031,
and Nest SE -045, are all located greater than 660' from any portion of the subject property. As
such, no restrictions towards the development of the site will apply.
Wood Stork (Mycteria Americana)
FFWCC & USFWS Listed as "Endangered"
It should also be noted that, as indicated on the attached exhibit (Figure 6), the subject parcel is
shown to be located within a Wood Stork Nesting Colony Core Foraging Area. The Wood stork
(Mycteria Americana) is listed as "Endangered" by both the FFWCC and the USFWS. Wood
storks are large, long - legged wading birds, about 45 inches tall, with a wingspan of 60 to 65
Environmental and Permit
Robert Zlatkiss; Lexfor Capital
SR 434 & Deleon Street Project Site - Seminole County, Florida (13TC File = 672 -01.05)
Preliminary Environmental Asses,sment
Page 9 of 9
inches. Their plumage is white except for black primaries and secondaries and a short black tail.
The head and neck are largely unfeathered and dark gray in color. The bill is black, thick at the
base, and slightly decurved. Wood storks are birds of freshwater and estuarine wetlands,
primarily nesting in cypress or mangrove swamps. They feed in freshwater marshes, narrow tidal
creeks, or flooded tidal pools as well as roadside ditches. Particularly attractive feeding sites are
depressions in marshes or swamps where fish become concentrated during periods of falling
water levels.
Based on our review of available databases, there is no record of a Wood Stork rookery on the
project site or within close proximity. Furthermore, as there is limited foraging habitat located
within or adjacent to the subject parcel, it is unlikely that any restrictions towards the
development of the property will be applied by either the FFWCC or the USFWS.
The environmental limitations described in this document are based on observations and
technical information available on the date of the on -site evaluation. This report is for general
planning purposes only. The limits of any on -site wetlands /surface waters can only be
determined and verified through field delineation and /or on -site review by the pertinent
regulatory agencies. The wildlife surveys conducted within the subject property boundaries do
not preclude the potential for any listed species, as noted on Table 1 (attached), currently or in
the future. Should you have any questions or require any additional information, please do not
hesitate to contact our office at (407) 894 -5969. Thank you.
attachments
Regards,
Stephen Butler
Proj ect Manager
John Miklos
President
Environmental and Permit
I.al.gaiesuh
Tinter Springs
Legend
SR 434 & Deleon Street Parcels
'i a iL E. Robinson St. Orlando, FL 32803
Ph: 407-894-5969 Fax: 407-894-5970
WWW.bio-techconsulting.com
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SR 434 & Deleon Street Property
Seminole County, Florida w
Figure 1
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6,000
Feet
Project #: 672 -01
Produced By: SEB
Date:7/2/2012
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SR 434 & Deleon Street Property
Seminole County, Florida
Figure 2
2009 Aerial Photograph
450
Feet
Project #: 672 -01
Produced By: SEB
Date:7/2/2012
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SR 434 & Deleon Street Property
Seminole County, Florida w
Figure 3
USGS Topographic Map
1,200
Feet
Project #: 672 -01
Produced By: SEB
Date:7/2/2012
TIT
1
Legend
Dot
SR 434 & Deleon Street Parcels
Soil Symbol, Soil Name
9, BASINGER AND DELRAY FINE SANDS
10, BASINGER, SAMSULA, AND HONTOON SOILS, DEPRESSIONAL
11, BASINGER AND SMYRNA FINE SANDS, DEPRESSIONAL
12, CANOVAAND TERRA CEIA MUCKS
20, MYAKKAAND EAUGALLIE FINE SANDS
:04. 444444A
2i C E. Robinson St Orlando, FL 32803
Ph: 4(17-894-5969 Fax: 407-894-5970
?bio- techconsuhing.com
SR 434 & Deleon Street Property
Seminole County, Florida w
Figure 4
USDS /NRCS Soils Map
450
Feet
Project #: 672 -01
Produced By: SEB
Date:7/2/2012
Legend
z :. ® ® ®� SR 434 & Deleon Street Parcels
Residential, Low Density (111)
Tree Nursery (241)
Temperate Hardwoods (425)
Streams & Waterways (510)
Wetland Forested Mixed (630)
Disturbed Lands (740)
Communication Facilities (822)
P.O.W. PARCEL
TO EE INCLUDED
r r i r r,
2'1(12 E. Robinson St Orlando, FL 32803
Ph: 407- 894 -969 Fax: 407- 894 -970
bio- techconsuhinb.com
SR 434 & Deleon Street Property
Seminole County, Florida w
Figure 5
FLUCFCS Map
450
Feet
Project #: 672 -01
Produced By: SEB
Date:7/2/2012
Legend
7 SR 434 & Deleon Street Parcels
# GT Burrows (5 -31 -2012)
2011_Eagle_Nests
330 ft_Eagle_Nest_Buffer
660 ft_Eagle_Nest_Buffer
bear nuisance 1980 -2009
rt bear roadkill 1976 -2009
2i a i L E. Robinson St Orlando, FL 32803
Ph: 407- 894 -969 Fax: 407- 894 -970
\\ W ?bio- techconsuhing.com
7
Scrub -jays
Red - cockaded Woodpecker
Listed Wildlife
Waiting Bird Rookery
Panther Locations
Wood Stork Nesting Colonies
Wood Stork Nesting Colony Core Foraging Areas
SR 434 & Deleon Street Property
Seminole County, Florida w
Figure 6
Wildlife Survey
1,800
Feet
Project #: 672 -01
Produced By: SEB
Date:7/2/2012
Table 1:
Potentially Occurring Listed Wildlife and Plant Species in
Seminole County, Florida
Scientific Name
Common Name
Federal
Status
State
Status
Occurrence
Status
Pteronotropis welaka
bluenose shiner
N LS
C
Rana capito
gopher frog
N
LS
P
Alligator mississippiensis
American alligator
T(S /A)
LS
C
Drymarchon corals
couperi
eastern indigo snake
LT
LT
C
Gopherus polyphemus
gopher tortoise
N
LS
C
Pituophis melanoleucus
mugitus
Florida pine snake
N
LS
C
Stilosoma extenuatum
short- tailed snake
N
LT
P
Eudocinnis albus
white ibis
N
LS
P
Falco sparverius paulus
southeastern American
kestrel
N
LT
P
Haliaeetus leucocephalus
bald eagle
LT
LT
C
Mycterla americana
wood stork
LE
LE
P
Aramus guarauna
limpkin
N
LS
P
Egretta caerulea
little blue heron
N
LS
C
Egretta thula
snowy egret
N
LS
C
Egretta tricolor
tricolored heron
N
LS
C
Falco peregrinus
peregrine falcon
LE
LE
P
Picoides borealis
red - cockaded woodpecker
LE
LT
C
Aphelocoma
coerulescens
Florida scrub-jay
LT
LT
C
Grus canadensis
pratensis
Florida sandhill crane
N
LT
C
Pandion haliaetus
osprey
N
LS **
C
Podomys f7oridanus
Florida mouse
N
LS
C
Sciurus niger shermani
Sherman's fox squirrel
N
LS
C
Trichechus manatus
manatee
LE
LE
C
Ursus americanus
f oridanus
Florida black bear
C
LT **
C
Dennstaedtia bipinnata
hay scented fern
N
LE
C
Lechea cernua
nodding pinweed
N
LT
C
Carex chapmanii
Chapman's Sedge
N
LE
C
Centrosema arenicola
Sand Butterfly Pea
N
LE
C
Cucurbita
okeechobeensis
Okeechobee Gourd
LE
LE
C
Ophioglossum paimatum
Hand Fern
N
LE
C
Ilhcnil ?l parvif%orum
star anise
N
LE
C
Lechea cernua
nodding pinweed
N
LT
C
Sal ix f ioridana
Florida willow
N
LE
C
FEDERAL LEGAL STATUS
LE- Endangered: species in danger of extinction throughout all or a significant portion of its range.
LT- Threatened: species likely to become Endangered within the foreseeable future throughout all or a significant portion of
its range.
E(S /A)- Endangered due to similarity of appearance to a species which is federally listed such that enforcement personnel
have difficulty in attempting to differentiate between the listed and unlisted species.
T(S /A)- Threatened due to similarity of appearance (see above).
PE- Proposed for listing as Endangered species.
PT- Proposed for listing as Threatened species.
C- Candidate species for which federal listing agencies have sufficient information on biological vulnerability and threats to
support proposing to list the species as Endangered or Threatened.
XN- Non - essential experimental population.
MC -Not currently listed, but of management concern to USFWS.
N -Not currently listed, nor currently being considered for listing as Endangered or Threatened.
STATE LEGAL STATUS - ANIMALS
LE- Endangered: species, subspecies, or isolated population so few or depleted in number or so restricted in range that it is
in imminent danger of extinction.
LT- Threatened: species, subspecies, or isolated population facing a very high risk of extinction in the future.
LS- Species of Special Concern is a species, subspecies, or isolated population which is facing a moderate risk of extinction
in the future.
PE- Proposed for listing as Endangered.
PT- Proposed for listing as Threatened.
PS- Proposed for listing as Species of Special Concern.
N -Not currently listed, nor currently being considered for listing.
STATE LEGAL STATUS - PLANTS
LE- Endangered: species of plants native to Florida that are in imminent danger of extinction within the state, the survival
of which is unlikely if the causes of a decline in the number of plants continue; includes all species determined to be
endangered or threatened pursuant to the U.S. Endangered Species Act.
LT- Threatened: species native to the state that are in rapid decline in the number of plants within the state, but which have
not so decreased in number as to cause them to be Endangered.
PE- Proposed for listing as Endangered.
PT- Proposed for listing as Threatened.
N -Not currently listed, nor currently being considered for listing.
COUNTY OCCURRENCE STATUS
Vertebrates and Invertebrates:
C = Confirmed
P = Potential
N = Nesting
Plants:
C = Confirmed
R = Reported
Attachment "D"
- , 6,9S. 2 ■
- I ,49962 20129:3
2492,929
AUC:12.97-29112
1
SITE PLAN
BLACK HAMMOCK ESTATES
Florida
Cr;C.A
MI DESIGN GROUP
ENONEESS S.:76609S PLANNESS
8959 Cbor,s E. Urnpus 9226
9999490.FLOSIDA
,one
(W7) B76-1996 Fax (407) 406-4279
Client Name:
Ad Number:
Advertiser:
Insertion Number:
Ord. 2012 -19,20
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Attant "F"
.. _. .... From Page One
MAXWELL
Continued from Page BI
and $1,800 more on limousines and chauf-
feurs.
Or maybe visit his favorite neighbor-
hood steakhouses ... 76 times.
He can even put tens of thousands of
dollars into his personalbank account — as
long as he claims he's reimbursing himself
for legitimate expenses.
Not only would all of thatbe legal — it
all actually happened.
Florida legislators— specifically party
leaders — have been exposed doing all of
those things with money from companies
and interests that want legislative favors.
This is Florida's new normal.
Fortunately, there is finally talk of
changing this. It's comingfrom a handful
of legislators who seem capable of an
emotion rarely demonstrated in Tallahas-
see: shame.
Incoming Senate President Don Goetz is
chief among them, telling reporters re-
cently that ethics reform is among his top
priories. He's a epublican cracking down on
fellow Republicans._ the ones giving his
entire party abad name.
(Democrats used to get into similar
trouble decades ago when they ran the
show. Nowadays, though, Democrats don't
have enough clout to pass gas, much less
legislation. 5o the special interests save
most of their loot for the Republicans)
Specifically, Gaetz wants to force legis-
lators to file more complete financial
disclosures and make that information
more easily accessible to citizens That's
sorely needed. Right now, we have law-
makers who refuse to disclose whose
payroll they are on— even if they're cast -
ing votes that could help their benefactors.
That's just sick.
Gaetz also wants to ban lawmakers
from voting if they have a conflict of inter-
est Right now, that's not prohibited. Seri -
o usly.
He also wants to tighten the reins on
those who try to parlay their part -time
legislative jobs into better - paying public
ones. (Like the lawmaker who beefs up
funding for a community college and —
voddl — suddenly gets a cushy job at that
same ollege)
Amen. Amen. Amen.
Go, Don, go.
But the practice that has Gaetz most
perturbed is legislators living high on the
hog, thanks to corporate money funneled
through committees that legislators setup
under the auspices of campaigning or
promoting generic ideals.
Gaetz said it has become painfully obvi-
us that some legislators simply 'give out
of" " their committee funds, saying: "I think
that is wrong."
Goetz made that statement just afew
weeks after Central Florida's own state
Rep. Chris Dorworth made statewide
news for collecting more than $1 million in
a political committee — and using the
money for everythingfrombar tabs to a
hip to Taiwan. Dorworth also claimed he
needed to reimburse himself more than
$30,000 for "out of- pocket expenses;'
ac cording to the Tampa Bay Times.
Dorworth said all of the spendingwas
perfectly appropriate — related to the
business of campaigning.
It's the same thing Dean cannon said
when he racked up more than $14,000
worth of charges on the Republican Party
credit card at 76 visits to steakhouses,
Houston's and Ruth's Chris, just a few
miles from his Winter Park home during
the course of about two years. (I hope
Dean charged a few bottles of Lipitor to
the party donors as well)
And the same thing Cannon said about
the GOP- donor-funded trip he took to
Washington with some legislative pals.
And the same thing Dorworth said about
his Vegas getaway.
ft's the same thing they always say.
Yes, companies that want as to do them
legislative favors give our committees mon-
Yes, we spend that money on lavish din -
ners, trips and other perks.
And, yes, we end up passing a lot of the
bills those companies want.
But how dare you suggest that any of that
is related?
Oh, and no, we won't provide detailed
proof that the spending was appropriate —
because we don't have to.
That's pact of what Goetz and incoming
House Speaker Will Weatherford said they
want to change with the campaign com-
mittees. They should do it with the party
funds as well.
Now, to be honest with you, I'm not
holding my breath.
Expecting Florida politicians to clean up
their own act is like expecting a pig to stay
out of the mud.
But the simple fact that Goetz and
Weatherford are talking about sweeping
reform — the likes of which this state
hasn't seen in nearly four decades — is
encouraging.
And really, none of this is that compli-
cated:
If you can't serve in public office with-
out lining your own pockets or personally
benefiting, you have no business being
there.
smaxwell @tribune.com or 407 -420 -6141
KASSAB
Continued from Page BI
the Casselberry hair salon where Bradford
Baumet went Oct 18 to murder estranged
girlfriend Marcia Santiago. She is still fight-
gfor her life,but he killed three others
before shooting himself
In just one month, domestic violence has
claimed atleastn lives in Central Florida,
and four were bystanders.
The notion that domestic violence is a
private family affair can be tossed along
with the twisted idea that victims are some-
how to blame for their abuse.
Domestic violence is very much a public
problem that deserves public attention. But
it's also one that frequently slips through
the cracks.
In 2010 the State Attorneys Office re-
eived 12,577 domestic - violence cases in
Orange and Osceola counties. But charges
were filed in 2,044— orjustl6 percent — of
theta
Abut halfofthose resulted in some type
of plea deal. Only 79 cases went to trial that
year, and just 42 defendants were found
guilty.
Michelle Latham, the chief domestic-
violence prosecutor, said her office's statis-
tics have improved dramatically since a
felony domestic - violence unitwas formed a
little more than ayear ago. Now she says the
number of cases reaching trial, plea agree-
Bob Brooks
Age: 58
Party:Republican.
Family: Married, three
children.
Occupation: Physician,
University of South Florida
professor.
Education: Bachelor of
arts and m.o., Wayne State
University. M.A., Reformed
Theological Seminary, Or-
lando. MBA Auburn Univer-
sity. M.A., Harvard School of
Public Health
Political service: State
House member 1994 99
Secretary of Florida's De-
partment of Health,
1999 -2001.
HOUSE
Continued from Page BI
But their biggest fight has
been about schools. Brooks
is backed by the Florida
Federation for Children, a
pro voucher group. Stewart
has the support of various
unions, including the Or-
ange County Classroom
Teachers Association.
Brooks touts his own
teaching experience as a
r ity public - health
professor. He was an early
backer of school vouchers
and supports "parent -trig-
ger" legislation that would
allow a majority of parents
to compel conversion of a
struggling public school to a
charter school. But Brooks
said he wants accountability
for all schools.
"Charter schools need to
be held to standards that are
at least equal to those of the
public schools;" Brooks said,
adding that he also would
fight to increase state fund-
ingfor education.
Th Florida Democratic
Party and Stewart have
pounded Brooks over the
charter-school issue in
mailers. One ad blasts
Brooks' "school voucher
scheme that drains millions
of our tax dollars from pub-
lic schools," Stewart also op-
poses the "parent trigger"
legislation.
But even outside the
classroom, they differ on
many issues.
For instance, Stewart
supports legislation to force
online retailers such as Am-
m to begin collect-
ing sales taxes, so Florida's
brick-and-mortar retailers
can better compete. Brooks
F WAD/
Carlene Pierre, pictured with 2of her chil
dren, was shot to death at the hotel where
she worked by her estranged boyfriend.
ments or a diversion program is nearing the
office's goal of 80 percent.
And she's helping to train law- enforce-
ment officers on how to assist the state
attorney inbuildingbetter cases against
battereis.
But Polynice is agood example of how
some asesget missed.
About two weeks before Pierre was
killed, Polynice howed up other workplace
and ran her over with a car, sendingher to
Linda Stewart
Age: 03
Party: Democrat.
Family: Married, two
children.
Occupation: Community
advocate.
Education: Boone High
School attended Valencia
Community College studied
two years abroad.
Political service: Orange
County commissioner,
200240, and past char of
CountyWatch alocal
watchdog group.
opposes nother difference Abill
that failed to pass the Legis-
lature this year would have
required a 24 hour waiting
period before an abortion
Stewart opposes it Brooks
would have voted for it.
Heading into reh„ rata
Stewart's or t po-
litical service gave her bet-
ter name recognition. But
Brooks has vastly outraised
her: $268,043 to $70,854
through Oct.12, records
show, though outside
groups and both political
parties have spent hundreds
of thousands more on TV
and mail ads.
In those, Brooks said that
Democrats have misled
voters about his record. For
instance, one ad described
him as denying prenatal
are to women as the Health
Department chief. Brooks
said he merged Healthy
Start offices to trim admin-
istrative costs and didn't cut
servicebudgets.
Stewart said Brooks has
too many "extreme" stances
for this tossup district She
points to his 1995 letter to
Walt Disney World oppos-
ing extension of health
beefits to gay workers, and
Brools' support for on' drill-
ing beyond 50 miles off
Florida's coast with "safe-
guards." Stewart opposes
drillingandhasbeen an avid
supporter
One thing Brooks and
Stewart can agree on: "The
two couldn't be farther
apart on the issues," said
Frank'lbrres, a Republican
political commentator.
ddamron @tribune.com,
402-42531101 0 livitter
@dadamron
the hospital. An Orange County deputy
responded andbegan an investigation but
hadn't completed itbecause authorities still
hadn't interviewed Pierre, who took off
before deputies arrived, said sheriff's Capt.
Angelo Nieves.
Because the report wasn't completed, it
wasn't passed along to the State Attorneys
Office. And Potynice, who had along vio-
lent history, vrasn't arrested.
If he had been, Latham said, it's possible
he would have been in jail Sept. 27, the day
he killed two women, shot another and then
killed himself.
"She [Pierre] went to get an injunction...
shewas cooperative;" Latham said. "So
what we can do on domestic - violence cases
is if avictim thinks she's going tobekitted,
we an file motions and keep them [defend-
ants] in jail until trial."
Nieves said deputies tried to interview
Polynice later, but he never showed.
"This is hindsight," Nieves said. "The
wasn't closed... it was sent to the do-
mestic unit for follow -up when this tragedy
red"
o Some taw enforcement agencies have
made dramatic changes in how they handle
domestic - violence cases so that prosecutors
have abetter chance of success in court.
Take the Apopka Police Department, for
Chief
example. Manley, who took over last
year, said officers tended to seat domestic-
violence calls like refereesbreakingup a
NOTICE OF PUBLIC HEARING
CITY OF WINTER SPRINGS
NOTICE IS HEREBY HIVEN THAT
CITY COMM.!.
PIMPOSE PI CONSIDER THE cottomsci
ORDINANCE NO. 2012-1,
AN ORDINANCE OF THE CITY COMMISSM OF THE CITY OF
WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATINC
COMPREHENSIVE PLANNING; PROVIDINC FOR A.M. OF AN
AMENDMENT PI THE FUTURE LAND USE MAP BY DEMI:N.1NC
CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS
HENERALLY DESCRIBED ONE ID PARCEL OF LAND, CONTAINING
SIDE OF STATE !MAD 4.34 WEST OF THE INTERSECTION OF DELEON
STREET AND STATE ROAD 434, MORE PARTICULARLY DEPICTED
IN EXHIBIT ATTACHED HERM), FIMM ''COMMERCIAL,
,ONSERVATION'AND,ONSERVATIONOVERIA,1,1,(1W DENSITY
RESIDENTIAL', ''CONSERVATION'' AND ,ONSERVATION OVERLAY”;
PROVIDINC FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS; INCORPORATION INIO THE COMPREHENSIVE
PLAN; SEVERABILITY, AND AN EFFECTIVE DATE AND LECAL STATUS
OF THE PLANAMENDMENT.
ORDINANCE NO. 2012-.1
AN ORDINANCE OF THE CITY COMMISSION., THE CITY OF WINTER
SM., SEMINOLE COUNTY, FLIIRIDA, CHANCINI: THE ZONING
MAP DESIGNAILON OF THE REAL PIMPERTY CONSTITUTINC ONE
PARCEL OF LAND TOTALINC 8...1 ACRES, MORE OR LESS, AND
HENERALLY LOCATEDON THE NORTH SIDE °ESTATE ROAD:, WEST
OF THE INTERSECTION OF DELBIN STREET AND STATE IRIAD 434 IN
THE CITY OF WINTER SPRINGS, FLORIDA,AND DEPICT-EDON EXHIBIT
ATTACHED HERM), HUN NEICHBORHOOD COMMERCIAL
DISTRIC, TO .'11-1A ONE-FAMILY DWELLING DISTRICT;'' PROVIDINC
FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RBOLUTIONS,SEVERABILITY,AND AN EFFECTIVE DATE.
LOCATION MAP
PUBLIC HEARINC
WILL BE HELD ON
AT .5:311 PM. OR SOON THEREAFTER INTHE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
WINTER SPRINCS, FLORIDA
WILL BE HELD ON
MONDAY, NOVEMBER 19,012
AT .5:IS P.M. OR SOON THEREAFTER INTHE
COMMIMION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
WINTER SPRINCS, FLORIDA
CITY COMMISSION SE(70ND READING PUBLIC HEARI
WILL BE HELD ON
MONDAY, DECEMBER 10, 2012
AT .5:15 PALM SOON THEREAFTER INTHE
COMMIMION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
WINTER SPRINCS, FLORIDA
fight rather than detectives investigatinga
potential crime.
Not any longer. Manley sent his officers
to domestic- violence training and ordered
them to tour Harbor House, Orange
County's domestic- violence shelter.
Now when they show up at a scene, they
document the injuries on a victim, but also
broken glass or other evidence inside the
home. They talk with neighbors and try to
find other witnesses
"In a nutshell, we changed the way we
are doingbusiness," Manley said.
The goal is to build a case that is strong
enough to prosecute even if the victim
won't testify, often the main obstacle to
going after batterers in court.
One of the most important changes Man-
ley made at the urging of domestic - violence
advocates: Officers no longer hand victims a
form at the scene that asks them whether
they wish to drop the charges before a pros-
ecutor has a chance to evaluate the case
`People need to get prosecuted for do-
mestic violence," he said.
And there's something the rest of us can
do, too: Watch out for your friends and
neighbors. If you see or hear something
speak up.
18 there's anything the past month has
taught us, it's that domestic violence
shouldn'tbe treated as a private family
affair.
bkassab @triibune.com or 407- 4205448
NOTICE OF PUBLIC HEARING
CITY OF WINTER SPRINGS
NOTICE. HEREBY GIVEN THAT
AND crrs COMMISSION
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OE
WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO
COMPREHENSIVE PLANNINC: PROVIDINC FOR ADOPTION OE AN
AMENDMENT TO THE FUTURE LAND USE MAP BY DESIGNATING
CERTAIN REAL PROPERTY WITHIN THE CITY OE WINTER SPRINGS
HENERALLY DBCRIBED AS ONE PARCEL OE LAND, CONTAINING
DA ACRES, MORE OR LESS, AND LOCATED HENERALLY NORTH
OE STATE ROAD 4.3,1 AND WE,r OE DELEON STREET, MORE
PARTICULARLY DEPICTED IN EXHIBIT 'A,' ATTACHED HERETO,
FROM ,URAL RESIDENTIAL' AND ,ONSERVATION OVERLA, TO
'TOW DENSITY RESIDENTIAI, AND ''CONSERVATION OVERLA,
MINIM, FOR THE REPEAL OE PRIOR INCONSKIENT ORDINANCES
AND RESOLUTIONS: INCORPORATION INTO THE COMPREHENSIVE
PLAN; SEVERABILITY, AND AN EFFECTIVE DATE AND LEI: AL STATUS
OF THE PLAN AMENDMENT.
ORDINANCE NO.2012-22
AN ORDINANCE OF THE CITY COMMKSION OF THE CITY OF WINTER
SPRINGS, SEMINOLE MINTY, FLORIDA, CHANGINC THE ZONING MAP
DESICNATION OFTHE REAL PROPERTY CONSTITUTING ONE ID EARCEL
OF LAND TOTALING MI ACRES, MORE OR LE., AND HENERALLY
LOCATED NORTH °ESTATE IMAD,I. AND WEST OF DELEON STREET IN
THE CITY., WINTER SPRINGS, FLORIDA, AND DEPICTED ON EXHIBIT
ATTACHED HERETO, MAI 12-CI SINGLE-FAMILY DWELLING
FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS,SEVERABILITY,A ND AN EFFECTIVE DATE.
PI
LOCATION MAP
& ZONING BOARD / LOCAL PLANNING AGENCY
WINTER SPRINGS CITY HALL
11.1 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
CITY COMMNSION EMT READING,TRANSMITTAL
PUBLIC HEARING WILL BE HUD ON
MONDAY. NOVEMBER 2.012
AT 5:15 1,1.01I SOON THEREAFTER IN THE
COMMISSM, CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
EAST STATE ROAD.
WINTER SIMMS. FLORIDA
ORDINANCE 2012-22
CITY CONIMIMION FIRST REA..
PUBLIC HEARING WILL BE HUD ON
MONDAY. NOVEMBER 2.012
AT 5:15 1,1.01I SOON THEREAFTER IN THE
COMM.., CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
EAST STATE ROAD.
WINTER SIMMS. FLORIDA
ORDINANCE 2012-22
CITY COMMISSION SECOND READING
PUBLIC HEARING WILL NE HUD ON
MONDAY. DECEMBER 10.2012
AT 5:15 1,1.011S001, THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
EAST STATE ROAD.
WINTER SIMMS. FLORIDA
Attachment "F"
CITY OF WINTER SPRINGS, FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING
NOVEMBER 7, 2012
CALL TO ORDER
The Regular Meeting of Tuesday, November 7, 2012 of the Planning And Zoning
Board /Local Planning Agency was called to Order at 5:30 p.m. by Chairman William H.
Poe in the Commission Chambers of the Municipal Building (City Hall, 1126 East State
Road 434, Winter Springs, Florida 32708).
Roll Call:
Chairman William H. Poe, present
Board Member Howard Casman, present
Board Member Bart Phillips, present
Board Member Suzanne Walker, present
Assistant City Attorney Kate Latorre, present
Assistant to the City Clerk Sean Beaudet, present
A moment of silence for the U.S. Troops abroad was followed by the Pledge of
Allegiance.
INFORMATIONAL AGENDA
INFORMATIONAL
100. Not Used
CONSENT AGENDA
CONSENT
200. Office of the City Clerk
Requesting Approval Of The September 11, 2012 Planning And Zoning
Board/Local Planning Agency Regular Meeting Minutes.
Chairman Poe stated "Chair will entertain a Motion to approve the Minutes as
circulated."
"I MAKE A MOTION WE APPROVE THE MINUTES." MOTION BY BOARD
MEMBER CASMAN. SECONDED BY BOARD MEMBER PHILLIPS.
DISCUSSION.
Attachment "F"
CITY OF WINTER SPRINGS, FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY
REGULAR MEETING - NOVEMBER 07, 2012
PAGE 2 OF 8
VOTE:
CHAIRMAN POE: AYE
BOARD MEMBER CASMAN: AYE
BOARD MEMBER PHILLIPS: AYE
BOARD MEMBER WALKER: AYE
MOTION CARRIED.
AWARDS AND PRESENTATIONS
A« BARDS AND PRESENTATIONS
300. Not Used
400. REPORTS
No Reports were given.
PUBLIC INPUT
Chairman Poe opened "Public Input".
No one spoke.
Chairman Poe closed "Public Input".
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department — Planning Division
Requests that the Local Planning Agency hold a Public Hearing to consider an
Expedited State Review, CPA - 2012- 02 -ESR (Ordinance 2012 -13), changing the
Future Land Use Map designation from "Mixed Use" and "Conservation Overlay"
to "GreeneWay Interchange District" and "Conservation Overlay" (on those
affected areas) for the forty (40) acres, more or less, located on East State Road 434,
immediately north of Creeks Run Way.
Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department
presented the Agenda Item.
Discussion.
Attachment "F"
CITY OF WINTER SPRINGS, FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY
REGULAR MEETING - NOVEMBER 07, 2012
PAGE 3 OF 8
Chairman Poe opened "Public Input ".
Individuals addressed the Board.
"Public Input" was closed
Board Member Walker referenced the City Attorney Opinion and asked Assistant City
Attorney Kate Latorre "When will the Opinion be finalized ?" Assistant City Attorney
Latorre responded that the City Attorney had just met with the property owner recently
and it may take a couple of weeks.
Further comments.
"MOTION ON THE FLOOR TO BRING IT BACK UNDER THE GID
(GREENEWAY INTERCHANGE DISTRICT)." MOTION BY CHAIRMAN POE.
SECONDED BY BOARD MEMBER CASMAN. DISCUSSION.
VOTE
BOARD MEMBER CASMAN: AYE
BOARD MEMBER PHILLIPS: NAY
BOARD MEMBER WALKER: AYE
CHAIRMAN POE: AYE
MOTION CARRIED.
PUBLIC HEARINGS
501. Community Development Department — Planning Division
Requests the Planning and Zoning Board hold a Public Hearing to consider the
Aesthetic Review for the Moss Park Commercial /Apartments, located on the north
side of State Road 434, east of the intersection of Moss Road and State Road 434.
The mixed use project consists of 15 apartment units and 6,000 square feet of
retail /restaurant /office space.
Mr. Woodruff presented the Agenda Item and gave a brief summary of the history of the
project.
Discussion.
Chairman Poe opened "Public Input ".
Brief comments.
Chairman Poe closed "Public Input ".
Attachment "F"
CITY OF WINTER SPRINGS, FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY
REGULAR MEETING - NOVEMBER 07, 2012
PAGE 4 OF 8
"I RECOMMEND WE APPROVE ITEM `501' - RECOMMENDING THE
PLANNING AND ZONING BOARD FORWARD RECOMMENDATIONS TO
APPROVE TO THE CITY COMMISSION FOR THE AESTHETIC REVIEW
PACKAGE OF MOSS PARK COMMERCIAL APARTMENTS." MOTION BY
BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER PHILLIPS.
DISCUSSION.
VOTE
BOARD MEMBER PHILLIPS: AYE
BOARD MEMBER WALKER: AYE
CHAIRMAN POE: AYE
BOARD MEMBER CASMAN: AYE
MOTION CARRIED.
PUBLIC HEARINGS
502. Community Development Department — Planning Division
Requests the Planning and Zoning Board hold a Public Hearing to consider the
Aesthetic Review for GrandVille at Town Center, a 244 unit, 4 -story apartment
complex located adjacent to City Hall at the northwest corner of the intersection of
Doran Drive and State Road 434.
Mr. Bobby Howell, AICP, Planner, Community Development Department began the
discussion on this Agenda Item.
Discussion.
Chairman Poe opened "Public Input ".
No one spoke.
Chairman Poe closed "Public Input ".
"I MAKE A MOTION TO APPROVE THE RECOMMENDATION." MOTION
BY BOARD MEMBER WALKER. SECONDED BY BOARD MEMBER
CASMAN. DISCUSSION.
VOTE
BOARD MEMBER WALKER: AYE
CHAIRMAN POE: AYE
BOARD MEMBER CASMAN: AYE
BOARD MEMBER PHILLIPS: AYE
MOTION CARRIED.
Attachment "F"
CITY OF WINTER SPRINGS, FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY
REGULAR MEETING - NOVEMBER 07, 2012
PAGE 5 OF 8
PUBLIC HEARINGS
503. Community Development Department — Planning Division
Requests that the Local Planning Agency hold a Public Hearing to consider
Ordinance 2012 -21, a Large -Scale Future Land Use Map Amendment, Expedited
State Review (ESR 13 -1), which proposes to change the Future Land Use Map
designation from "Rural Residential" and "Conservation Overlay" to "Low Density
Residential" and "Conservation Overlay" for approximately 19.1 acres, located on
the north side of State Road 434, west of the intersection of DeLeon Street and Cress
Run.
Mr. Howell mentioned that Agenda Items `503', `504', `505', `506' relate to the same
project
Discussion.
Chairman Poe opened "Public Input ".
Individuals addressed the Board.
"Public Input" was closed.
"I RECOMMEND APPROVAL OF THE STAFF RECOMMENDATION."
MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER
WALKER. DISCUSSION.
VOTE
CHAIRMAN POE: AYE
BOARD MEMBER CASMAN: AYE
BOARD MEMBER PHILLIPS: AYE
BOARD MEMBER WALKER: AYE
MOTION CARRIED.
PUBLIC HEARINGS
504. Community Development Department — Planning Division
Requests that the Planning and Zoning Board hold a Public Hearing to consider
Ordinance 2012 -22, which proposes to rezone a 19.1 acre parcel located on the north
side of State Road 434, west of the intersection of DeLeon Street and Cress Run
from R -C1 (Single - family dwelling district) to R -1A (One - family dwelling district).
Mr. Howell introduced this Agenda Item.
"I WILL MAKE A MOTION THAT WE APPROVE ITEM NUMBER `504'."
MOTION BY BOARD MEMBER WALKER. SECONDED BY BOARD
MEMBER PHILLIPS. DISCUSSION.
Attachment "F"
CITY OF WINTER SPRINGS, FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY
REGULAR MEETING - NOVEMBER 07, 2012
PAGE 6 OF 8
VOTE
BOARD MEMBER CASMAN: AYE
BOARD MEMBER PHILLIPS: AYE
BOARD MEMBER WALKER: AYE
CHAIRMAN POE: AYE
MOTION CARRIED.
PUBLIC HEARINGS
505. Community Development Department — Planning Division
Requests that the Local Planning Agency hold a Public Hearing to consider
Ordinance 2012 -19, a Small -Scale Future Land Use Map Amendment which
proposes to change the Future Land Use Map designation from "Commercial ",
"Conservation" and "Conservation Overlay" to "Low Density Residential",
"Conservation" and "Conservation Overlay" for approximately 8.29 acres, located
on the north side of State Road 434, approximately 582 feet west of the intersection
of DeLeon Street and State Road 434.
Mr. Howell introduced this Agenda Item.
"I WOULD LIKE TO MAKE THE MOTION ON ITEM `505' FOR THE SMALL
SCALE FUTURE LAND USE MAP AMENDMENT CHANGE..." MOTION BY
BOARD MEMBER PHILLIPS. CHAIRMAN POE ASKED FLOR
CLARIFICATTION, "...TO APPROVE ?" BOARD MEMBER PHILLIPS
AGREED AND ADDED, "...TO APPROVE." SECONDED BY BOARD
MEMBER CASMAN. DISCUSSION.
VOTE
BOARD MEMBER PHILLIPS: AYE
BOARD MEMBER WALKER: AYE
CHAIRMAN POE: AYE
BOARD MEMBER CASMAN: AYE
MOTION CARRIED.
PUBLIC HEARINGS
506. Community Development Department — Planning Division
Requests that the Planning and Zoning Board hold a Public Hearing to consider
Ordinance 2012 -20, which proposes to rezone a 8.29 acre parcel located on the north
side of State Road 434, approximately 582 feet west of the intersection of DeLeon
Street and State Road 434 from C -1 (Neighborhood Commercial) to R -1A (One -
family dwelling district).
"I WILL RECOMMEND APPROVAL OF ITEM `506' AS PRESENTED BY
STAFF." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD
MEMBER PHILLIPS. DISCUSSION.
Attachment "F"
CITY OF WINTER SPRINGS, FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY
REGULAR MEETING - NOVEMBER 07, 2012
PAGE 7 OF 8
VOTE
BOARD MEMBER WALKER: AYE
CHAIRMAN POE: AYE
BOARD MEMBER CASMAN: AYE
BOARD MEMBER PHILLIPS: AYE
MOTION CARRIED.
REGULAR AGENDA
REGULAR
600. Community Development Department — Planning Division
Requests that the Planning and Zoning Board consider the Offices at Winding
Hollow Lot Split, located on the southwest corner of State Road 434 and Winding
Hollow Boulevard.
Mr. Woodruff presented this Agenda Item.
Discussion.
"I MAKE A MOTION WE REJECT STAFF'S REQUEST." MOTION BY
BOARD MEMBER CASMAN.
MOTION DIED FOR LACK OF A SECOND.
"I MAKE A RECOMMENDATION THAT WE ACCEPT STAFF'S PROPOSAL
ON LOT SPLIT ON ITEM `600'." MOTION BY CHAIRMAN POE. SECONDED
BY BOARD MEMBER PHILLIPS. DISCUSSION.
VOTE
CHAIRMAN POE: AYE
BOARD MEMBER CASMAN: NAY
BOARD MEMBER PHILLIPS: AYE
BOARD MEMBER WALKER: AYE
MOTION CARRIED.
PUBLIC INPUT
Chairman Poe opened "Public Input ".
No one addressed the Board.
Chairman Poe closed "Public Input ".
Attachment "F"
CITY OF WINTER SPRINGS, FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY
REGULAR MEETING — NOVEMBER 07, 2012
PAGE 8 OF 8
ADJOURNMENT
Chairman Poe adjourned the Regular Meeting a 6:58 p.m.
RESPECTFULLY SUBMITTED:
ANDREA LORENZO -L UACES, MMC, CITY CLERK AND
SEAN BEAUDET
ASSISTANT TO THE CITY CLERK
APPROVED:
WILLIAM H. POE, CHAIRMAN
PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY
NOTE: These Minutes were Approved at the , 2012 Planning And Zoning Board /Local Planning Agency
Regular Meeting.