4654 CPA - 595 Town Center BoulevardOrdinance No. 2021-4654
An Ordinance of the City of Sanford, Florida amending
the City of Sanford Comprehensive Plan, as previously
amended; providing for amendment of the Future Land
Use Map of the Future Land Use Element of the City of
Sanford Comprehensive Plan relative to certain real
property, approximately 9.10 acres in size of an overall
site of 13.5 acres (Tax Parcel Identification Number 29-
19-30-5LW-1300-0000), addressed as 595 Town Center
Boulevard), and described in this Ordinance from the
RP, Resource Protection, future land use designation to
the HI, High Intensity 1-4, future land use designation;
providing for legislative findings and intent; providing
for assignment of the land use designation for the
property; providing for severability; providing for
ratification of prior acts of the City; providing for
conflicts; providing for codification and directions to the
Code codifier and providing for an effective date.
Whereas, Seminole Mail Realty Holding LLC (whose sole manager is Mehran
Kohansieh of Great Neck, New York) is the owner of the property which is the subject of
this Ordinance (Tax Parcel Identification Number 29-19-30-5LW-1300-0000) as
assigned by the Seminole County Property Appraiser); and
Whereas, the subject real property (a site 9.10 acres in size of an overall site
of 13.5 acres) is located on the east side of Town Center Boulevard, north of WP Ball
Boulevard and South of St Johns Parkway and the site is generally addressed as 595
Town Center Boulevard; and
Whereas, the Property Owner is requesting an amendment to the City's
Comprehensive Plan by change the land use designation assigned to the subject
property from the RP, Resource Protection, future land use designation to the HI, High
Intensity 1-4, future land use designation as set forth in the Future Land Use Map and
Future Land Use Element of the Comprehensive Plan; and
Whereas, the subject real property is located within sub -area 8 of the 2015
Seminole County/City of Sanford Joint Planning Agreement and is desired to be
pursued for redevelopment if all natural resource permitting can be attained and
approved which is not a condition hereof (in accordance with the provisions of Section
166.033, Florida Statutes); and
Whereas, the subject real property part of the overall plan to redevelop the
site of the Seminole Towne Center Mall property; and
Whereas Mr. Javier Omana. of CPH Incorporated is serving as the applicant
and representative of the property owner; and
Whereas Reznick Law, LLC of New York, New York and Julie P. Kendig of
Greenberg Traurig, P.A. in Orlando served as representatives for the property owner;
Whereas, a modified Citizen Awareness and Participation Plan (CAPP)
process adhering to the requirements of the City has been accomplished by Mr. Omana
on November 3, 2020 to the satisfaction of the City with notices being appropriately
issued to proximate property owners; and
Whereas, the City of Sanford's Planning and Zoning Commission, as the
City's local planning agency, held a public hearing on November 4, 2021 to consider
amending the Future Land Use Map of the Future Land Use Element of the City of
Sanford Comprehensive Plan and recommended approval of the proposed Future Land
Use Map amendment to the Comprehensive Plan for the subject property as requested
by the property owner, but desired that the Property Owner submit an updated
environmental report to the City which clarifies wetland issues with particular regard to
quality matters; and
Whereas, Section 163.3187, Florida Statutes, relates to the amendment of
adopted local government comprehensive plans and sets forth certain requirements
relating to small scale amendments and which are related to proposed small scale
development activities and provides, among other things, that such amendments may
be approved without regard to statutory limits on the frequency of consideration of
amendments to the City of Sanford Comprehensive Plan; and
Whereas, the City of Sanford has complied with all requirements and
procedures of Florida law in processing this amendment to the City of Sanford
Comprehensive Plan including, but not limited to, Section 163.3187, Florida Statutes;
we
Whereas, the City of Sanford has complied with Florida's Community
Planning Act which was amended during the 2021 Legislative Session by the passage
of Committee Substitute for Committee Substitute for Committee Substitute for House
Bill Number 59 (initially codified as Chapter Number 2021-195, Laws of Florida) to
require every city and county within the State "to include in its comprehensive plan a
property rights element" (Section 163.3177(6)(i)1, Florida Statutes).
Now, therefore, be in enacted by the People of the City of Sanford, Florida:
Section 1. Legislative findings and intent.
(a). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(b). This Ordinance is internally consistent with the goals, objectives and
policies of the Comprehensive Plan of the City of Sanford and the proposed
Comprehensive Plan amendment does not trigger any urban indicators and adoption of
this amendment will discourage the proliferation of urban sprawl within the City of
Sanford.
Section 2. Amendment to Future Land Use Map.
(a). The Future Land Use Plan Element of the Comprehensive Plan of the City
of Sanford and the City's Future Land Use Map is hereby amended by changing the
land use designation from the RP, Resource Protection, future land use designation to
the HI, High Intensity 1-4, future land use designation, with regard to the real property
which is the subject of this Ordinance as set forth herein.
(b). The property which is the subject of this Comprehensive Plan amendment
is described in the exhibits hereto and is assigned Tax Parcel Identification Number 29-
19-30-51-W-1300-0000 by the Seminole County Property Appraiser and is more
specifically described as follows:
Tract 13 lying and being located in the subdivision of lands styled,
SEMINOLE TOWNE CENTER REPLAT, as recorded at Plat Book 47,
Pages 8 through 10 of the Public Records of Seminole County, Florida.
Section 3. Implementing Administrative Actions. The City Manager,
or designee, is hereby authorized to implement the provisions of this Ordinance as
deemed appropriate and warranted.
Section 4. Ratification Of Prior Actions. The prior actions of the City
Commission and its agencies in enacting and causing amendments to the
Comprehensive Plan of the City of Sanford, as well as the implementation thereof, are
hereby ratified and affirmed.
4I f
Section 5. Severability. If any section, sentence, phrase, word, or
portion of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not
be held to impair the validity or effect of any other action or part of this Ordinance.
Section 6. Conflicts. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 7. Codification/Instructions to Code Codifier. It is the intention of
the City Commission of the City of Sanford, Florida, and it is hereby ordained that the
provisions of this Ordinance shall become and be made a part of the codified version of
the City of Sanford Comprehensive Plan and/or the Code of Ordinances of the City of
Sanford, Florida in terms of amending the Future Land Use Map of the City.
Section 8. Effective Date. The small scale Comprehensive Plan
amendment set forth herein shall not become effective, in accordance with Section
163.3187(5)(c), Florida Statutes, until 31 days after the enactment of this Ordinance. If
challenged within 30 days after enactment, the small scale amendment set forth in this
Ordinance shall not become effective until the State land planning agency or the
Administration Commission, respectively, issues a final order determining that the
subject small scale amendment is in compliance with controlling State law; provided,
however, that this Ordinance shall not take effect until the annexation ordinance
annexing the property that is the subject of this Ordinance is final.
Passed and adopted this 10th day of January, 2021.
Attest: City Commission of the City of
Sanford, Florida /?
vlTraci Houchin, MMC, FCR `` " fig,"" rt oodru
City Clerk,y�llayor
Approved as to form and lega �;'�' � '""" s�"' i
Aity
olbert, Esquire
orney
nulla lj . 6AD D l
Ac/+
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PROJECT INFORMATION
595 TOWN CENTER BOULEVARD
COMPREHENSIVE PLAN AMENDMENT
Requested Action: A Comprehensive Plan Amendment to change the future land use map designation
of a 9.10 acre portion of a 13.5 acre parcel at 595 Town Center Boulevard from RP,
Resource Protection to HI, High Intensity 1-4
Proposed Use: Multifamily Apartments
Project Address: 595 Town Center Boulevard
Current Zoning: PD, Planned Development
Current Land Use: Vacant Commercial
Tax Parcel Number: 29-19-30-5LW-1300-0000
Site Area: 9.10 Acres (Of 13.5 Acres)
Property Owners: Mehran Kohansieh
Seminole Mail Realty Holding, LLC
1010 Northern Boulevard, Suite # 212
Great Neck, NY 11021
Reznick Law, LLC
135 E 57"' Street
New York, NY 10022
Applicant/Agent: Javier Omana, CPH Incorporated
1117 E Robinson Street
Orlando, Fl, 32801
Phone: 407.425.0452
Email: jomana@cphcorp.coi-n
CAPP Meeting: A modified CAPP meeting was held on November 3, 2020
Commission District: District 4 — Commissioner Patty Maliany.
COMPREHENSIVE PLAN COMPLIANCE REVIEW
Planning staff has reviewed the request and has determined the use and proposed improvements to be consistent with
the Goals, Objectives and Policies of the Comprehensive Plan.
Future Land Use: HI, High Intensity 1-4 (13.50 acres) and RP, Resource Protection (9.10)
Proposed Future Land Use: HI, High Intensity 1-4
Zoning Use
North PD, Planned Development Rights -Of -Way, Restaurant
South PD, Planned Development Slormwater Retention Pond
East PD, Planned Development Apartments
West PD, Planned Development Seminole Town Center Mall
\iCos-file-01\Planning_and—Engineering\])evelopnient Review\03-Land Development\2021 \Seminole TownCenter\Project Info Sheet - 595 Town Center Blvd CPA,doc
City of Sanford Comprehensive Plan Amendment
November2021
Site: Tract 13 located on 595 Towne Center Boulevard
Parcel 29-19-30-5LW-1 300-0000
Proposed Future Land Use:
High Intensity, HI, (City)
9.1 Acres
Legend
Existing Land Use
Future Land Use
Agriculture
High Intensity
DA
ME Institutional
J Public
Recreation
Conservation
Mobile Home
Single Family Residential
Transportation
Vacant
Commercial
Present Future Land Use
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City of Sanford Department of Planning & Development Services, November 2021
S ... ... FORI) AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
Mease use additionat sn�.els as needed. If any additional sheets are attached to this document, please sign here and note below:
K
Ownership
1, SEMINOLE MALL REALTY HOLDING LLC
hereby attest to ownership of the property described below:
Tax Parcel Number(s): 2919305LW01 000000, 2919305LWO 1 OBOOOO & 2919305UN01 GAOOOO
Address of Property: 200, 330 & 350 Towne Center Circle -------
for which this PD zoning amendmentlrezoning and DRI Fecission, application is submitted to the City of Sanford.
As the owner/applicant of tlna above designated properly for which this affidavit is submitted. I designate the below named individual
as my agent in all matters pertaining to the application process. In authorizing the agent named oelow to represent me, or my
company, I attest that the application is made in good faith and trial all inforjmaInn i ad in the application is accurate and
complete to the best of my personal knoviledge.
Applicant's Agent (Print): Javier E. Omana Signature.
Agent Address: CPH. Inc. 1117 East Robinson Street. Orlando, Florida 32801
Emaljomana@cphcorp.com--Phone: (407)425-0452
Ill. Notice to Owner
A. All changes in Ownershi,,,) andior Applicant's Agent prior to final action of the City shall require a new affidavit. If ownership
changes, the new owner assumes all obligations related to the riling application process,
B. If the Owner intends for me authority of the Applicant's Agent to be limited in any manner, please indicate the limitations(s)
below. (i.e.: limited to obtaining a certificate of concurrency; limited to obtaining a land use compliance cerlificate, etc.)
Limited specifically to matters necessary for the application process
The owner of the real property associated with this application or procurement activity is a (check one)
i.i Individual u Corporation o land Trust o Partnership A Limited Liability Company
--) ,ether (describe
T List all aftkyrqjl cgrg= who have an ownership interest in the property, which is the subject matter of this petition, by name and
address.
2 For each j;MggLALj20, list the name, address, and title or each officer, the name and address of each director of the corporation;
and the na-rm-mTd-vdress of each shareholder who owns two percant (2%) or more of the stock of the corporation. Shareholders
need not be disclosed if a corporation's stock are traded publicly on any national stock exchange
3. In the case of a J= list the name and address of each trustee and the name and address of the beneficiaries of the trust and the
percentage of interest of each beneficiary. If any trustee or beneficiary of a trust is a corporation, please provide the information
required in paragraph 2 above.
4, For RArWjrjW2j including tirrilted partnerships, list the name and address of each principal in the partnership, including general
or limited partners. If any partner is a corporation, please provide the information required in paragraph 2 above.
6. For each limited liability company, list the name, address, and title of each manager or managing member; and the name and
address of each additional member with two percent (2%) or more membership interest. If any member with two percent (2%) or
more membership interest, manager, or managing member is a corporation, trust or partnership, please provide the information
required In paragraphs 2, 3 andlor 4 above.
Name of LLC; Seminole Mall Realty Holding LLC (see attached)
6. In the circumstances of a contract for nurchas , list the name and address of each contract purchaser. If the purchaser is a
corporation, trust, partnership, or LLC, provide the information required for those entitles In paragraphs 2, 3, 4 and/or 5 above.
Name of Purchaser. NIA
Date of Contract:
NAME TITLE/OFFICEiTRUSTEE ADDRESS % OF
OR BENEFICIARY INTEREST
(Use additional shoots for more space.)
7. As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document, shall be
disclosed in writing to the City prior to any action being taken by the City as to the matter relative to which this document pertains,
8. 1 affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry. I
understand that any failure to make mandated disclosures is grounds for the subject rezone, future land use amendment, special
exception, or variance Involved with this Application to become void or for the submission for a procurement activity to be non-
responsive. I certify that I am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures
herein.
/ ezo / eLl
Date Owner, Adent, Applicant Signature
STATE OF FIL
COUNTY OF
Sworn to r ffirmed) andub ib
_p scin ed before me by
on day of,
;WVJ_M
U
4911fild-
Signature of Notary Pulic
Personally Known Erolk Produced Identification 13
Type of Identification Produced
Affidavit of Ownership- January 2015
AINUR MARQUEZ
Commis*ri OGG 109169
AINUR MARQUEZ
LWA COMMisskln 9 GG 1009169
I M
a xP s ay
0 Wres May 30.2021
2
Seminole Mail Realty Holding LLC (4 members)
1. Seminole Mail ReabyManagement LLC
a. Managing and K8ennbepK8ehran Kohansieh- 1010 Northern Blvd. Suite 112 Great Neck
NY 10021
2. ]AQEquities LLC
a. Managing and Member- Isabella Zappala Arjona and Joseph Zappala- 19955 NE 381h C1.
#806Avenium,FL33100
3. 3W1FLGardiner LLC
a. Gardiner Manager IRM Florida LLC- Manager/Member
Y. Allen Kahan- New York- 99Tulip Ave. Apt. ]08Floral Park, NY11OO1
i|. Felix Rezn|ck-New York- 2O[0Island Boulevard 3OO1Axentuna,Fl. 331G0
b. Members
|. Eric Bnrukhin'24SN.Coconut Lane Miami Beach, FL331]9
U. Mira 8orukh/n-FL- 6199Collins Ave. 312Miami, FL39141
iii. Alex Lev|nstc|n-8Harris Place Fair Lawn, N]O741O
|x. David Feldman- NY- 2S16Hubbard St. Brooklyn, NYl1236
v. Global |GLLC
1. Michael Zacharias- 1S7East 57thSt. Unit 6CNew York, NY10032
v). Pacific Holdings |RpW LLC
1. Allen Kahan- 99Tulip Ave. Apt. ]OOFloral Park, NY11OU1
vii Seminole Towne Developers Corp.
4. Seminole Mall 1%8LLC
a. KxehranKohandeh'NY- 101ONorthern Blvd. Suite 212 Great Neck, NY10O21
b. Chatham Holdings IRM Florida LLC
I. Allen Kahan- NY- 39Tulip Ave. Apt. 388Floral Park, NY11OO1
fl. Felix ReznIckNY-2O0UIsland Boulevard 3UU1Aventum,Fl. 331GO
AdINk
«h
Llt '40,I-!, SJ�RFORD AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
VOR DA
Please use d' ' heats as needed, if any additional sheets are attached to this document, please sign here and note below,
hereby attest to ownership of the property described below
Tax Parcel Number(s): aPP 1- 1 `'I
Address of Property: ~„ :nX A..)n-- . Qf (,_„ 1011:9 4 0 -A -1 -Vi
for which this application is submitted to the City of
'Z.c�t1 0_rNcS
It. designation of AppiicanVe AgentVaeve blank If not applicable)
As the ownedapplicant of the above designated property for which this affidavit is submitted, I designate the below named individual
as my agent in all matters pertaining to the application process. in authorizing the agent named below to represent me, or my
company, t attest that the application is made in good faith and that all information in i tion is accurate and
complete to the best of m personal knowledge.
Appficant'e Agent (Print): y G t... Signature: wl, IV
Agent Address: Ot=a
Email: - gja
Fax
Ill. Notice to Owner
A. All changes in Ownership and/or Appicant's Agent prior to final action of the City shall require anew affidavit. If ownership
changes, the now owner assumes all obligations related to the filing application process.
13. if the Owner intends for the authority of the Applicants Agent to be limited In any manner, please indicate the Nmitations(s)
Wow, (Le.: tinirted to obtaining a certificate of concurrency; limited to obtaining a land use compliance certificate, etc.)
The owner of the real property associated with this application or procurement activity Is a (check one)
o lndivafual AYArporation c Land Trust o Partnership o Limited Liability Company
o Other (describe):d14 cu..aw\ ' .X -S n
c..\ .S fv..aocs�
I List all natural ears= who an owne nterest in the property, the subject rr►atter this tition, by nar>�
address.041A C47-P-11CLU
�p s c.+4►�+a-tom.- S
2. Fof each comoraft fiat the name, address. and lite of each officer, t � a address of each director of the corporation;
and the name and address of each shareholder who owns two percent (2%) or more of the stock of the corporation. Shareholders
need not be disclosed if a corporation's stock are traded publicly on any national stock exchange.
3, In the case of aj= hist the name and address of each trustee and the name and address of the beneficiaries of the trust and the
percentage of Interest of each beneficiary. If any trustee or beneficiary of a trust is a oorporation, please provide the information
required in paragraph 2 above.
Name of Tnat:
4. For Partrinblas, inCtukkng limbed partnerships, list the name and address of each principal in the partnership, including general
or limited partners. If any partner is a oorporatim, please provide the information required in paragraph 2 above.
5. For each lknlW 11101111W company, fist the name, address, and title of each manager or managing member; and the name and
address of each additional member with two percent (2%) or more membership interest If any member with two percent (2%) or
more membership interest, manager, or managing member is a corporation, trust or partnership, please provide the information
required in paragraphs 2, 3 and/or 4 above.
Name of LLC:
In the arcurnstances of a gontract for purchase, list the name and address of each contract purchaser. If the purchaser is a
corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 andtor 5 above.
Name of Purchaser-
Onto
urchaser
Date of Contract:
(Use additional sheets for more space.)
As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document, shall be
disclosed in writing to the City prior to any action being taken by the City as to the matter relative to which this document pertains.
I affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry. I
understand that any failure to make mandated disclosures is grounds for the subject rezone, future land use amendment, special
exception, or variance Involved with this Application to become void or for the submission for a procurement activity to be non-
responsive, i certify that I am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures
herein
WERWIF• -
STATE OF FIM
cauwiTir OF
X �
Ovven pticant Signature
Swom to (or affirmed) and subscribed before me by t'aC``�
on this — _.! r day of
Personally Known 91 OR Produced Identification ID
Type of Identification Produced
AE %,k aOwmrlho-JYwav2619
Print, Type or Stamp Name of Notary Public.
ANNUAL REPORT 2020
1
Robert C. Connor
William 0111srd,11- Chief Exeou#m 011icaer
Investmards - Dallas, Taxes
Alex Dillard - Prwditnt
Atex Dltlatd
Mft Diihrd - Execuft* Vice Prssidarrt
Praskient of ward's, Ino.
Dme Matwny - Execute lice President
Chris B. Jatwwn • SmW Vice Presitlent
Milos Dillard
PhUtlp R. Watts - Senior Vice Preeklarl
Executive Vice President of DLlard's, Inc
William Maid. Ili - Senior Vaos PreekleM
Denise Mahsfly- Senior Vice President
WAtiian DOR4 tl
Chairman of the Board & Cts Exeoulive
Dean L. Worley - Vim President & General Counsel
Offloer of 0111ants, Ina.
Jernes 1. Frees
VICE PRESIDENTS
Ratked Senior Vice ProWent & Chef
Financial Otitoor of 0111anYs. Inc
Robert W. Be►red. Jr. Michael 1. Draper
Brent &%$we"
Tom lin Mike Litchford
Michael E. Price
H. Lee Haefte, III
Tony Bob JIm Mitdtetl
Christine Rowell
President & Chief Operating Officer
Amy Cwmsqu#b
of HWMW Hoklings. Inc.
i. a Rock, Aftnsw
CORPORATE MERCHANDISING
oras
PRODUCT DEVELOPMENT
I:xaoulta Viol President of Dilerd's, Inc.
VICE PRESIDENTS, MERCHANDISING
Frank R. Mori
800ft Bartats Pete Giglioltl
James P. Nortta o
Co-Chlol ExeWive Officer & PFedderd,
Laura Beaver Breit Gunn
Mike Shkks
TTM Associates. Inc. - New York, Now York
Gidnni Quarte Annernarte Jazic
Jam" O. stool nran
Chde#mA. Ferrera AWxayxtm Lude
KeyWhlte
"IsRuftip
Chekmen of Fist Secutdy Bancorp
$aarty, Arkenses
UGIONAL MERCHANDISING
PRESIDENTS GENERAL MERCHANDISE MANAGERS
Chairman, CEO & Presklerd of
MkeDillard Leslie Argo
Stephens Inc.
Drug Maltway Gary A. Platt
CaC okmian of SF HWft Corp.
Robin Sandeftd Lusa M. Roby
Little Rock Artcensas
Juba A. Teytor sob Thompson
J.C. Waft, Jr.Former ,
of C Waft ,
Chairman of Tures J.C. Wass Cornpaniss
Chaltm n of The
REGIONAL VICE. IPRESIDDRNTS - STORES
Norman, Okshoma
Sal ar Michael J. Hubbell
Js Nkhoison
Robby [avid Owe T.
E. Ostbwq
tit
Mark Gelven Una T. Nasser
Raymond Staakley
Chief Executive OMw & Preeklard of
Amwrrcia Gonzalez
Whale and Associates - Rogers. Adansss
DWaid.
The Style of Your Life.
ANNUAL. REPORT 2020
Diltat t was founded by W illim T. Ward In 1935 in Nashville. Arkansas with an 7i8,t104 Investment M a hometown depW~t
sire. Today, Dillard's, Inc. ranks among the ration's largest fasfdon rig 250 03larft locations and 32 clearance
rertte s spanning 29 atallso and an Internet store at gftftam. The company on delivering style, quay and value to
Its customers by cfrtng premium fashton apparel, bu* and home ins htam bath txdonai and axc.'k*W bmW aswoss.
Diflard's complements this c>urated merchandise assortment with exceptional, dient4bassed ccrsiomer cars,
Saku day. May 16.2021.9 AM
Dwsrd's Corporate Of&*
1640 CWIM Road
IN* Root. Arkansas 72201
FINANCIAL & OTHER INFORMATION
Copies of documents and olhar Company
Womration, such as DBtad's, Inc. reports on
Form 10-K and 10.0 and other reports Med with
the Bec urides and t.xchat" Commission
an "bus by
Di &W*, Inc.
Investor Relations
1600 Centrad Road, We Rock, Arksrrsas 72201
Phone: 601.376.5989
Financial mpoft, press releases and other
Company Inlcmnatior are evabbis on the
Dotard's. Inc. webetts: wvvwAlla Room.
For westions mowdft DillsrWe. Mr.,
pleass contact
Juice Johnsen Guymon, C,PA
Director of Investor Relations
SHAREHOLDER INFORMATION
RoOdered shersholders saccula dhauot
oarrrr►unkzetlonsregardlina address charges, load
owdocat" and otr ardmtrdstattve n""s to the
Company's Transfw Agent and Registrar
Canputarshare
Post 011100 Boot 605000, LoL6410, K"Wcky 40233
Dhow 1.800.368.6948
For onilas shareholder s:
w w.oromputershare.co mflnved r
Shareholders In the Dftds, Ina. Investment 6
Employee Stock Ownership Pk m should dirt I ciumes to:
Vftft Fargo Moduitionot Redremod and ?fust
1525 West W.T. Harris Blvd.
Charlotte, N oft Carolina 28282-8522
Phone: 9.800.728.3123
For online sheralwidsr lnquMee:
www.weli8fergo.00rr if"rement-ptan
CORPORATE HEADQUARTERS
1600 Car" Road
L IM9 ROCK Admen 72201
MAILING AIDDRESS
Post Office Box 41A I -We Rock Arkansas 72203
Phone.. 501.376.62
Fax: $01.376.5917
LISTING
New York Stock Exchange, Taker&pnWt *DW
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ri •
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AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below:
Ownership
1, Penney Property Sub Holdings LLC hereby attest to ownership of the property described below:
Tax Parcel Number(s): 2919305LWO3000000
Address of Property: 310 Towne Center Circle
for which this PD zoning amendment/rezoning and DRI recission
application is submitted to the City of Sanford.
If. Designation of Applicant's Agent (leave blank if not applicable)
As the owner/applicant of the above designated property for which this affidavit is submitted, I designate the below named individual
as my agent in all matters pertaining to the application process. In authorizing the agent named below to represent me, or my
company, I attest that the application is made in good faith and that all information contained in the application is accurate and
complete to the best of my personal knowledge.
Applicant's Agent (Print): N/A
Agent Address: N/A
Email: N/A
111. Notice to Owner
Signature:
Phone: N/A
Fax: N/A
A. All changes in Ownership and/or Applicant's Agent prior to final action of the City shall require a new affidavit. If ownership
changes, the new owner assumes all obligations related to the filing application process.
B. If the Owner intends for the authority of the Applicant's Agent to be limited in any manner, please indicate the limitations(s)
below. (i.e.: limited to obtaining a certificate of concurrency; limited to obtaining a land use compliance certificate, etc.)
N/A
The owner of the real property associated with this application or procurement activity is a (check one)
o Individual o Corporation o Land Trust o Partnership A Limited Liability Company
o Other (describe
1. List all natural persons who have an ownership interest in the property, which is the subject matter of this petition, by name and
address.
2. For each corporation, list the name, address, and title of each officer; the name and address of each director of the corporation;
and the name and address of each shareholder who owns two percent (2%) or more of the stock of the corporation. Shareholders
need not be disclosed if a corporation's stock are traded publicly on any national stock exchange.
3. In the case of a trust, list the name and address of each trustee and the name and address of the beneficiaries of the trust and the
percentage of interest of each beneficiary. If any trustee or beneficiary of a trust is a corporation, please provide the information
required in paragraph 2 above.
Name of Trust:
4. Forartp_ ne„rships, including limited partnerships, list the name and address of each principal in the partnership, including general
or limited partners. If any partner is a corporation, please provide the information required in paragraph 2 above.
5. For each limited liability company, list the name, address, and title of each manager or managing member; and the name and
address of each additional member with two percent (2%) or more membership interest. Ifany member with two percent (2%)ur
more membership intereo, manager, or managing member is a oorporoUon, trust or partnemhip, phaaoo provide the information
required inparagraphs 2.3and/or 4above.
Name ofLLC: Penney Property Sub Holdings LLC
<l In the circumstances /f u contract for purchase, list the name and oddn*my of each contract pumhaa*r. If the purchaser is e
corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 and/or 5 above.
Name of Purchaser:
Date of Contract:
NAME
TITLE1OFFICEITRUSTEE
OR BENEFICIARY
ADDRESS
% OF
INTEREST
Penney Property Holdings LLC
Sole Member
P.O. Box 10001 Dallas, Texas 75301
100%
(Use additional sheets for more mpaoaj
7. As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document, shall be
disclosed in writing to the City prior to any action being taken by the City as to the matter relative to which this document pertains.
8. 1 affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry.|
understand that any failure to make mandated disclosures is grounds for the subject rezone, future land use amendment, opeoial
excepUon, or variance involved with this Application to become void orfor the submission for a procurement activity to be non-
responsive. | certify that | am legally authorized to execute this /Nfiduvitand to bind the Applicant orVendor 0o the disclosures
herein.
February 1G.2O21al,.� ___1
_____
Date OwmeA�����a�S����
�
STATE OF TEXAS
COUNTY OF COLLIN
Sworn to (or affirmed)and subscribed before me by Bradley Syverson.on this 16th day of February, 2021.
Jamie Gustafson
�dnature of�otaryPublic Print. TvpeorStamp Name ofNotary Public
�
Penmna|��� Known y� | 0RPn�duued �onUUoahon| �� |
Type of Identification Produced
Affidavit of Ownership - January 2015
�D 11`9625423
TABLE ��� �����~�����
.r��^�� *�" ~-��x�"�"~x~v
Page No.
Table ofContents / Figures
i
Appendices
ii
Property Owners /App|icant`Authorized Agent /Consu|tants
iii
Project Overview &History
1
Tract 13 Information
Z
Demonstrate Compatibility with Adjacent Land Uses
7
Demonstrate the Support and Furthering of City Plan Goals, Objectives and Policies
9
School Board Assessment
12
Transportation Statement
13
Conclusion
15
1 Location Map ]
2 Aerial Photograph 4
3 Future Land Use Map G
4 Zoning Map 6
Seminole Towne Center
Tract I3Conservation Easement Page I |
Srno|| Scale Future Land Use Amendment
June 22,ZO21
The following Appendices are provided in support of the Small Scale Future Land Use Amendment:
A Property Appraiser's Property Record Card (Tract 13)
8 Affidavit ofOwnership & Designation ofAgent Form
C Boundary Survey 6kLegal Description (Conservation Easement)
D School Capacity Determination Application (Tract 13)
Preliminary Ecological Assessment (Tract 13)
Request for Partial Release ofConservation Easement
Seminole Towne Center
Tract 13 Conservation Easement Page I ii
Small Scale Future Land Use Amendment
June 22,2O31
Seminole W1aU Realty Holding, LLC
1O1ONorthern Boulevard, Suite 212
Great Neck, New York 11021
Attn: k4ehranKuhansieh
CONSULTANTS
APPLICANT'S AGENT/LAND PLANNER
Javier E.Onnana, [NU -o
CPH,|nc.
1117 E. Robinson Street
Orlando, FL 32801
P:(4O7)425-O452
Email: jomana@cphcorp.com
ENVIRONMENTAL SCIENTIST:
Amy Daly, BB]AP
[PH'|nc.
1117ERobinson Street
Orlando, FL328O1
P: (4K}7)425 -O452
Emai|:adaly@cphcorp.corn
Julie Kendig-Schreder,E3Q
Greenberg Trauh8,PA
45OSouth Orange Avenue #6SO
Orlando, FL32ODl
P:/4O7\43O-1OUO
Seminole Towne Center
Tract 13Conservation Easement
Small Scale Future Land Use Amendment
June 22,2O21
OO ReznickLaw, LLC
135East 5T1hStreet
New York, New York 1OO22
At n: FeUxReznick, Esq.
P:(212)89O-59OO
Email: freznick@reznicklaw.com
SURVEYOR:
Alta maxSumeyinQ
91OBelle Avenue, #114O
Casselberry, FL 32708
P:(407)677-O2OU
Website: www.altamaxsurveying.com
TRAFFIC/TRANSPOR[ATIO0ENGINEER:
Sandra Gorman, PE
CPH,|nc
56O1Mariner Street, Suite 105
Tampa, FL 33609
P:(8l3)2OO-O233
Email: sgorman@cphcorp.com
Page | \ii
PROJECTOVERVAEW & HISTORY
[PH,Inc. onbehalf ofSeminole Mall Realty Holding, LLC klvxner/Aop|ioan8,respectfully requests aSca|e
Scale Future Land Use Amendment for a portion of Tract 13 located within the existing Seminole Towne
Center (STC) project, generally located within the southeast quadrant of the 1-4 and CR 46 intersection
(F/GDREI & 2). The subject site is 9.10+ acres in size and is located within the 13.50+ acre Tract 13 (Parcel
Identification Number of29-19-3O'5LVV'13OO-OOOO),inthe City ofSanford, Florida.
Tract 13 was part of the former STC Development of Regional Impact (DRI) approved in 1990 (rescinded
inApril 2O21\. STC was originally designed and constructed with the vision of creating commercial, office,
hotel and retail opportunities under unified master planned approach to serve the Sanford residents
and growing north Seminole County and south Vo|udaCounty areas. Strategically located along annajor
transportation network (Interstate 4,State Road 417,County Road 4G,and County Road 4GA\,STC has
matured into a regional activity center.
In 2019 Seminole Mall Realty Holdings, LLC purchased the STC DRI and related parcels/tracts from the
original developer. Seminole Mall Realty Holdings, LLC has begun to implement a new vision for STC: a
redevelopment/repurposing plan to inject new retail concepts and introduce residential uses. Traditional
nna||sandsirni|arcornnnerda|pnjectstoGTChavehadto"reinvent"Lheirpna8rarnsinordertoadaptto
the changing nature ofthe retail markets and shopping patterns.
The subject request is part ofSTCs new ownership redevelopment plan that includes mixed use and
residential uses within this regional activity center. Seminole Mall Realty Holdings, LLC redevelopment
strategy focuses on a live -work -play approach with a mix of retailers, entertainment retail, hotels, office
space and residential uses. The residential component of the STC redevelopment plan will help create
the mixed-use synergy critical in the necessary "uplift" for the long-term economic viability of this great
regional asset.
Existing Future Land Use designations for Tract 13 are H|: 1-4 High Intensity and RP: Resource Protection
with anunderlying Zoning ofPD: Planned Development (FIGURE 3 &4\. The Applicant desires tnchange
the Future Land Use designation of RP: Resource Protection to H|: 1-4 High Intensity (to match the balance
of the tract) to increase the STC entitlements in order to implement the new ownership's redevelopment
plan. We provide the following additional documents in support of the application:
• Application Fee: $1,500.00
• Property Appraiser's Property Record Card A)
w Affidavit ofOwnership & Designation ofAgent Form L4PP2lVQ/X B\
* Boundary Survey & Legal Description — Conservation Easement (APPENDIX C)
* School Capacity Determination Application —Tract 1](APPENDIX [;)
* Preliminary Ecological Assessment —Tract 13 (4PPE/VDIXf]
w Request for Partial Release ofConservation Easement (APPENDIX F1
Seminole Towne Center
Tract 13 Conservation Easement Page | 1
Small Scale Futuna Land Use Amendment
June 22,20I1
� ��K����� ���
"o.r,�. �~. ,,wv ��"^o���x"��"�
Existing Future Land Use Designation:
• HI: |`4High Intensity
* RP: Resource Protection
Existing Land Use:
• SLormxvaterponds—partoftheSTCstormvvatersystenn
• Consenadoneasennent—ooverson-sbevvet|ands
* Vacant|and
Miscellaneous
• Part ofSTC Property Master Plan approved in199O
• Tract 13 area: 13.50Ac.+/
* Conservation area (Resource Protection Future Land Use area): 9.10 Ac. +/-
Conservation Area:
• Serves aswetland conservation
• Component ofoverall STC drainage/stonnvvaternetwork
w Client/ownership group undergoing process through St Johns River Water Management District
to remove Conservation Easement to include provision of mitigation lands to offset wetlands
removal (APPENDIX F).
Proposed Use:
*
Multi -family residential community within the STCMasterP|anproject—kevconnponentofthe
project's Redevelopment Plan
Seminole Towne Center
Tract 13Conservation Easement Page 12
Small Scale Future Land Use Amendment
June 2I,2O21
r
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Pro;No. A19001
SECTION 29,
SEMINOLE TOWNE CENTER
TOWNSHIP 19 SOUTH, RANGE 30 EAST
�
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GIS: JOG
SEMINOOLE COUNTY, FLORIDA
E3
Subject Amendment 54i
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"IMIMM �1�
AEML PHOTOGWH
SEMINOI F TOWNE CENTER
SECTION 29, TOWNSHIP 19 SOUTH, RANGE 30 EAST
SEMINOLE COUNTY, FLORIDA
Subject Amendment Area
Tract 13 Boundary
r Seminole Towne Center
Future Lard Use
HI - I-4 High Intensity
WIC - Westside Industry & Commerce
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scaGe: 1 inch 604 feet N FUTURE LAND USE MAP ('C FTY OF SANFORD)
Dare: 6/2212021 FIGURE
!'
Photo tete: 2[117 SEMINOLE TOWNE CENTER
Project No. A19001 SECTION 29, TOWNSHIP 19 SOUTH, RANGE 30 EAST 3
GIS. JOU SEMINOLE COUNTY, FLORIDA
irmd MAWMAMIMMIN SR
Subject Amendment Area
us Tract 13 Boundary
Seminole County Towne Center
Zoning
Planned Development
Mow/
Seminole Towne Center rp,
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ScaPe: I inch GOD feet N ZONING MAP (CITY OF SANFORD)
Date: 6/22/2021 FIGURE
Photo Date: 2017 SEMINOI F TOWNS CENTER
NoJed No, A190 SECTION 29, TOWNSHIP 19 SOUTH, RANGE 30 EAST 4
GIS- JOG SEMINOLE COUNTY, FLORIDA
Assessn')ent of Consistency with Comprehensive Plan Goak, Objectives and Policies
Demonstrate the CorYq,)atibfflty with Adjacent Land Uses
The subjectTract's existing land uses include: stormwater ponds, vacant land and an existing conservation
easement (stormwater functions and wetlands).
Future Land Use designations, zoning and existing uses surrounding the subject Tract are as follows:
,
`
Dning
HI: 1-4 High Intensity P1
De
PD: Planned Overhea
Hk 1-4 High Intensity Development Storm,
HI: 1-4 High Intensity PD: F
Devel
STC = Seminole Towne Center
t Multi -Family
�����. `
'z`. ' `�� `
��. Development,STC — Retail,
��^���` ^��Surface Pa
Seminole Towne Center
Tract 13Conservation Easement Page 17
Small Scale Future Land Use Amendment
June 2Z,3U31
Description of Surrounding Properties & Compatibility:
NORTH
Land and uses to the north include: Towne Center Boulevard, surface parking areas,and STC (retail and
commercial uses). All uses are within the Hl Future Land Use.
SOUTH
Located within the H| Future Land Use, uses include overhead power line easement, stormwmterponds
and commercial uses.
Am
Residential uses (multi-family/apartments) within the H1 Future Land Use.
Uses include Towne Center Boulevard, surface parking area and STC.
The change in Futuna Land Use designation from RP: Resource Protection to H|: 1-4 High Intensity is
appropriate for the area and will not negatively impact its character. Development ofthe subject site will
be consistent and compatible with the intensities and densities of the surrounding area.
Seminole Towne Center
Tract 13Conservation Easement Page 18
Small Scale Future Land Use Amendment
June 22,%U21
Assessn"ient of Consistency with Coin prehensive Plan Goals, Objectives and Policies
Demonstrate the SmP�,Ioxt and Furthering of CitV P>awGoals, Objectives and Policies
Goals, Objectives and Policies Dfthe City's Comprehensive Plan supported O[furthered by
the proposed application are as follows:
Statutory Basis
Chapter 1 shall serve osthe Future Land Use Element, as required by State Law. Per Florida Statutes,
Section 163.3177 (6) (o)local governments are required to provide Future [and Use element within
their Comprehensive Plan that provides for the future general distribution, location, and extent of the
uses of land for residential uses, commercial uses, industry, agriculture, recreation, conservation,
education, public facilities, and other categories of the public and private uses of land. This element is
intended toensure that future land use is capable ofaccommodating anticipated growth, while ensuring
the appropriate provision of public services and infrastructure, protection of existing natural and historic
resources, and discouraging urban sprawl.
This Amendment will implement o project that is both o and infill
project. It replaces a marginal wetland area and adds to the H0District designation within the STC.
GOAL FLU 1: MANAGE LAND USE DISTRIBUTION AND PROVISION OF SERVICES AND FACILITIES. THE CITY
SHALL PROMOTE AN ORDERLY DISTRIBUTION OF LAND USES IN AN ECONOMICALLY, SOCIALLY, AND
ENVIRONMENTALLY ACCEPTABLE MANNER WHILE ENSURING THE ADEQUATE AND TIMELY PROVISION OF
SERVICES AND FACILITIES TO MEET THE NEEDS OF THE CURRENT AND PROJECTED POPULATIONS.
The proposed Amendment helps implement the stated Goal given the City's projected population
of68,692bvJD25(City ofSanford ComprehensivePlan) through provision ufresidential units with
centralized infrastructure (potable w/o&yr and sewer). AoW8jono8K it furthers this goo/ by
increasing the housing stock along the 1-4 Corridor within the High Intensity District.
OBJECTIVE FLU 1,10: Utilize 1-4 High Intensity Center (H|). 1-4 High Intensity is a mixed use designation
intended to promote and regulate anticipated development within the vicinity of the I-4/State Road 46
Interchange. 1-4 High Intensity land uses shall include commerce, industry, and high density residential
development. The maximum intensity of development within the 1-4 High Intensity designation shall be
an FAR of 1.0. Maximum residential density shall be 50 dwelling units per acre. This area corresponds to
maximum intensities and densities of the "Core" designation applicable to adjacent unincorporated areas
pursuant to the Seminole County Comprehensive Planning Program's High Intensity Planned area.
Distribution of specific densities and intensities for this district shall be in accordance with Table FLU -2 of
this Element.
Seminole Towne Center
Tract 13 Conservation Easement Page 19
Small Scale Future Land Use Amendment
June 22,2O21
The subject Tract is located within the established High Intensity District. The Amendment
will allow for the introduction of residential uses as port of the STC's redevelopment and
repurposing strategy.
OBJECTIVE FLU 2~2: Implement Redevelopment and Renewal Program. The City shall continue to
implement redevelopment programs within the following target areas:
• Goldsboro area, asdesignated bvthe Choice Neighborhoods Initiative;
• Georgetown area, situated between Sanford and Mellonville Avenues and North Celery Avenue;
* Downtown Historic Residential District;
* Waterfront/Downtown Business District;
• The US17-92Transportation Concurrency Exception Area (T[EA);and
* The Seminole Towne Center.
This subject amendment will implement o ok7n for the STC. Subject
Parcel will consist ofomarket-rate residemtiakm8vcommunity.
The redevelopmentplanw0semetoenable STC tnintroduce new uses to the existing development
program bvadding tothe overall economic viability ofthe project bvadding housing
stock to the north Seminole CountylCity of Sanford area.
Policy FLU 2.2.7:Promote Urban Infill Redevelopment. The City shall encourage the development and
redevelopment ofparcels in otherwise built-up areas where public facilities, such as sewer systems,
roadways, schools, and recreation areas, are already in place through the use of Urban Infill
Redevelopment /U|R\ projects. Such projects shall be encouraged especially within the TCEAs where
redevelopments are exempt from transportation concurrency requirements. UIR projects involve a land
use ormix ofland uses that do not conform to typical (and use categories ordevelopment forms. In
addition, these land uses are designed and located in a special or innovative way with special functions or
characteristics that are beneficial to the City and the citizens of Sanford as a whole. UIR projects shall be
permitted within any land use designation asconditional uses.
The subject Amendment (Tract) is located within The City of urban service area- utilities
are provided bvthe City. the Amendment bonelement ufthe STCs redevelopment
plan and is an infill project.
OBJECTIVE FLU 1.15Prevent Proliferation ofUrban Sprawl and Develop Efficient Systems for
Coordinating the Timing and Staging of Public and Private Development. The City shall continue to
enforce adopted LDRovxhich require that proposed land uses be adequately served by requisite public
facilities, including water and wastewater services, adequate stornnvvater management, solid waste
disposal and hazardous waste management. The subdivision and site plan review processes shall provide
a unified system for coordinating the efficient location, timing, phasing, and scale of public and private
Seminole Towne Center
Tract 13Conservation Easement Page 1 10
Small Scale Future Land Use Amendment
June 2Z,20Z1
development. For example, in order to abate urban sprawl and maximize use of existing infrastructure all
new development shall be required to hook up to the existing central water and wastewater system.
The City shall maintain LDRswhich include performancestandards requiring that requisite public facilities
be provided concurrent with the impacts of new development. The City's LDRs shall continue to include
performance standards ensuring that the location, scale, timing and design of development shall be
coordinated with public facilities and sen/ices in order to prevent the proliferation of urban sprawl and
achieve cost effective land development patterns. Urban sprawl uhoU be further abated through LDRs,
including performance standards which shall:
* W1exhnbe use of existing central potable water and wastewater facilities by requiring that all new
development hook up to the City's existing central systems;
The subject project is located within the City of Sanfords urban service area; and, the City will
provide potable water and sewer treatment services.
Seminole Towne Center
Tract 13 Conservation Easement Page 1 11
Small Scale Future Land Use Amendment
June Z3,2U21
Comp|edonofData and Ana{ysisRequirements
Facility Capacity hrmijact Assessments
School Board Assessment
A School Capacity Determination Application for Tract 13 has been submitted to Seminole County Public
Schools GCPS\,Facilities Planning Department (APPENDIX CA.
Seminole Towne Center
Tract 13Conservation Easement Page 1 12
Small Scale Future Land Use Amendment
June 22,Z021
[omp|ehonofData and Ana|yjsRequirements
FacHity Capariity�nmpact Assessments
'Transportation Assessment
The subject Tract is part of the rescinded DRI and is included in the current Planned Development Master
Plan for STC.
CPHhas conducted ananalysis ofthe "vested trips" from the DRI. Findings ofsaid analysis osshown below
depict ample "vested trips" to accommodate the proposed redevelopment of the subject Tract.
Trip Generation Summary
Secnario
Land Use
Size
Enter
PM Peak Hour
Exit
Total
Approved
Program
820 -Shopping Center
1,485 ksf
19,21
2091
4002
710 -Office
460 ksf 78 408
486
310 - Hotel
4D9 units 140 134
274 1
GrassTrips 2139 2623
4762
—
Internal Capture -151 -151
-302
Pass -by -618 -691
-1309
Net New Trips 1370 1791
3151
Program
820 - Shopping Center
1,378.54 ksf
1919
1970
37a9
Grass Trips 1819 1970
3789
—
Pass -by -618 -670
1289
Net New Trips 1201 13010
01
Available Gross Trips
320
653
973
Seminole Towne Center
Tract 13Conservation Easement Page 113
Small Scale Future Land Use Amendment
June 32,2O21
Proposed Ecluvalency Matrix
Land Use
Average PM Peak Hour Trip
Generation
Retail
(ksf)
General
Office
(kso
Hotel
(rooms)
150 Office/
Showroom
(ksf)
710 Office/
Showroom
(ksf)
Senior
Housing
Detached
(unit)
LUC 820 - Retail/Commercial
is equivalent to
1.00
3.31
6.35
4.88
3.12
12.70
LUC 710- General Office
is equivalent to
0.30,
1.00
1.92
1.47
0.94
3.83
LUC 310 - Hotel
is equivalent to
0.16
0.52
1.00
0.77
0.49
2.DD
LUC ISO- Office/Showroom"
is equivalent to
0.20
0.68
1.30
1.00
0.64
2.60
LUC 710- Office/Showroom""
is equivalent to
032
1.06
2.03
I.SG
1.00
4.07
LUC 2S1- Senior Housing Detached
is equivalent to
0,09
0.26
O.SO
0.38
0.25
1.00
WC 252 - Senior Housing Attached
is equivalent to
0.07
0.23
0A3
0.33
0.21
0.87
LUC 210 - Single Family Detached
is equivalent to
0.26
0.86
1.65
1.27
0,81
3.30
LUC 220 - Multifamily (Low Rise)
is equivalent to
0.15
0.49
0.93
0.72
0A6
1.87
LUC 221- Multifamily (Mid Rise)
is equivalent to
0.12
0.38
0.73
0.56
0.36
1.47
Rates based upon lTE loth Edition (updated from 6th Edition in original DRi)
" Based upon 707 Warehouse/3D% Office Split from original DRI
Seminole Towne Center
Tract 13 Conservation Easement Page 1 14
Small Scale Future Land Use Amendment
June 22, 2021
The requested 5nnaU Scale Future Land Use Amendment from RP: Resource Protection to H|: 1-4 High
Intensity is justified for the following reasons:
= The Amendment isconsistent with the City's land use policies;
° The proposed Future Land Use designation is compatible with the surrounding Future Land Use
designations;
• The proposed residential community /mu|ti-farni|y\iscompatible with surrounding uses;
• The Amendment does not increase, promote orextend urban sprawl;
m The proposed infill project discourages urban sprawl bycontinuing the cohesive, well-planned
mixed-use community where its residents will enjoy ease of access to integrated support services;
• The Amendment increases taxable value ofthe property;
• The subject project will be designed to enable the safe use of multiple modes of transportation
byproviding adirect sidewalk connection tothe STC walkways;
• The proposed project will be designed as a cohesive community with regard to architecture,
landscaping, and signage. The existing master storrnvvater system will be enhanced to
accommodate drainage for the project site without impacting the overall system;
* The Amendment utilizes City services (potable water and central sevver\;
° The Amendment implements HI: 1-4 High Intensity goals and objectives;
• The Amendment provides residential units that will be available for projected population
increases; and
= The removal of the Conservation Easement will create development land for the STC
Redevelopment Plan. The residential component will introduce anew use toSTC setting forth
the framework for the STC redevelopment.
Seminole Towne Center
Tract 13 Conservation Easement Page i 15
Small Scale Future Land Use Amendment
June 22,2U21
APPENDIX A
Property Appraiser's Property Record Card
Seminole Towne Center
Tract 13 Conservation Easement Page 116
Small Scale Future Land Use Amendment
June 22, 2021
5/27/2021
SOPA Parcel View: 29-19-30-5LW-1300-0000
Property Record Card
Parcel: 29-19-30-5LW-1300-0000
Property Address: SANFORD, FL 32771
Value Summary
----------
2021 Working
2020 Certified
Values
Values
Valuation Method
Cost/Market
Cost/Market
Number of Buildings
0
0
Depreciated Bldg Value
Taxes
Depreciated EXFT Value
.....
Taxing Authority
Land Value (Market)
$6,141,240
$3,684,744
Land Value Ag
$6,141,240
$0
Just/Market Value
$6,141,240
$3,684,744
Portability Adj
$6,141,240
Schools
Save Our Homes Adj
$0
$0
Amendment I Adj
$0
$0
P&G Adj
$0
$0
Assessed Value
$6,141,240
$3,684,744
Tax Amount without
SOH: $67,662.22
2020 Tax Bill Amount $67,662.22
Save Our Homes Savings: $0.00
3/13/2020 09560 1290 $52,348,600
Does NOT INCLUDE Non Ad Valorem Assessments
Legal Description
----------
TRACT 13
SEMINOLE TOWNE CENTER REPLAT
PB 47 PGS 8 THRU 10
Taxes
....... .
.....
Taxing Authority
Assessment Value Exempt Values
Taxable Value
SJWM(Saint Johns Water Management)
$6,141,240
$0
$6,141,240
COUNTY GENERAL FUND
$6,141,240
$0
$6,141,240
Schools
$6,141,240
$0
$6,141,240
CITY SANFORD
$6,141,240
$0
$6,141,240
Sales
Description
Date Book Page Amount
Qualified
Vac/Imp
SPECIAL WARRANTY DEED
3/13/2020 09560 1290 $52,348,600
No
Improved
Land
....... ...
. ... ........... . . .. .....
Method Frontage
Depth Units Units Price
Land Value
SQUARE FEET
584880
$10.50
$6,141,240
Building Information
Permits
Permit # Description Agency Amount CO Date Permit Date
No Permits
hftps://parceidetails.scpafl.org/ParcelDetailPrinterFriendly.aspx?PID=2919305LWl 3000000 1/2
5/27/2021 SCPA Parcel View: 29-19-30-5LW-1300-0000
IPermit data does not originate from the Seminole County Property Appraiser's ffl-. For details or donations conceming a permit, please contact the building department of the tax district In which the property Is located.
Extra Features
j Description Year Built Units Value `. New Cost
I i No Extra Features
Zoning
Zoning Zoning Description
PD Planned Development
Future Land Use FutureLandUseDescription
https://parceidetails.scpafl.org/ParceiDetailPrinterFriendly.aspx?PID=2919305LW 13000000 2/2
APPENDIX B
Affidavit ofOwnership 8'Designation ofAgent Form
93
Seminole Towne Center
Tract 13Conservation Easement Page 117
Small Scale Future Land Use Amendment
June 22,2OZ1
Boundary Survey & Legal Description
(Conservation Easement)
Seminole Towne Center
Tract 13 Conservation Easement Page 118
Small Scale Future Land Use Amendment
June 22, 2021
gr"
CITY OF
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4, For parblenahips including limited partnerships, list the name and address of each principal in the partnership, including general
or limited partners. If any partner is a corporation. please provide the information required In paragraph 2 above.
5. For each limited liability company, list the name, address, and title of each manager or managing member-, and the name and
address of each additional member Will two percent (2%) or more membership interest. If any member With two percent (2%) or
more membership interest, manager, or managing member is a corporation, trust or partnership, please provide the information
required in paragraphs 2, 3 and/or 4 above.
Nam� of LLC.
In the circurnstances of a coMmct ji?r purchase, list the name and address of each ccntract purchaser. If the purchaser is
corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 andlor 5 above.
Name of Purclizver.
Date of Contract,
ADDRESS
(Use additional sheets for more space.)
As to any 4" of owner referred to above, a change Of ownership occurring subsequent to the execution of this document, shall be
disclosed in writing to the City prior to any action being taken by the City as to the matter relative to Which this document pertains.
8. 1 affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable Inquiry. I
understand that any failure to make mandated disclosures is grounds for the subject rezone, future land use amendment, special
exception, or variance involved Wth this Application to become void or for the submission for a procurement activity to be non-
responsive, ; certify that I am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures
herein.
Data ov.'efor'
STATE 0:- FLORIDA
COUNTY Of SEMINOLE
I HEREBY C
M
personally appeared
4acknowll-dged beknirr
dphysical presence or{) c
duly swum by me, on cath,
allegations contained herein
VMNESS my
tH 129724
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are me, all Officer duly authorized to aummistpr oaths aria take acknowIedgments,
is Personally known to me or who produced
as identification
e a Sworn ribed before me, by �17 y means Of
ay of 'a 'ibe' U� take an oath and awes first
202f. the saidl*am.o did tai�. 1,�.th
a Ing that read the foregoing and that the statements and
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Ser*InOtc Mail RKILY Hafdi¢sJtC (4 mqmbers)
4. , 'AlehrOn KOhc-v%!-h- '!J0f)''%,,,4 Sjjji,w
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2.
- "806 A
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a, Gardiner Manager 19M Florida LLC-
1. Allen Kahan- NO., York-5J Tulip Ave, Apt, 308 Floral Plirl., KJY 210W
11, Felix Re4NO-NewYork- 2WO ishrld f1w4fevard 300IAvent.-ra, 3.i:'c6ii
Via. Mernhers
Eric gorukift, 245 N. COMM rt Lane Nhikmii Beac'j, FL 33139
Mira krukhb- R- 6195 Collins Ave, 312 Miami, R 33141
III, Alex bwInsteln- a Harris plale F&jr 1zvq, NJ 07410
iv, [Xvid Feldman- NY- 251c, Hub,,,Ord St, pro
'ok
v. GlrjW JG LLC
1, Wrjlaet z;--chaoas- 157 Ewa 571,4" &C I'Aw" York, Viy IW22
P26"Ic 4,-AdInEs IR'll L!C
L Allen r--han- 95 Tulip Ave, Apt. Z*8 F!o,-at P-3fk, t%iy I jC�j
vil. Seminole Tmine -ncvL-1-3pers Corp.
4, Semirvola Mall 126 LLC
u. Cbatham Hrjldlnff.s iW Porida LLC
1. Allen Kahan- W-9�115ulfpAw, Apt 30fif-lural park, ids' 1100.1
APPENDIX
Boundary Survey 8kLegal Description
(Conservation Easement)
Seminole Towne Center
Tract 13Conservation Easement Page 118
Small Scale Future Land Use Amendment
June 22,2O2l
571
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EXHIBIT "A"
Page 5 of 7
LEGAL DIEUMIPTION
(CONSERVATION EASEMENn
A PARCEL OF LAND SCING A POTION OF TRACT 12 OF THE PROPOSED KAT "SEMINOLE
TOWNE CENTER, LYING IN THE SOUTHEAST OVARTER OF SECTION 20, TOWNSHIP I9 SOUTH,
RANOV 30 EAST, IXSClkI8FD AS FOLLOWS:
COMMENCE AT THE SOUTH QUARTER CORNER OF SAID SECTION 29 FOR A
PONT OF REFERENCE; THENCE ALIN NW" 0047-611- WT. ALONG THE
SOUTH UNC OFTIff SOUTHI]SAST QUAAT6q OF SAID SECTION 20. A DISTANCE
OF 440.60 FEET, THENCE. DEPARTING SA113 SOUTH LINE, RUN NORTH
05005'44* EAST, 00,08 FEET TO THE POINT Of BEGINNING, THENCE CONTINUE
NORTH 06106'44* CAST. 50.47 FEET; THENCE RUN NORTH 16656'64* EAST,
$01.53 FEET; 714ENCE RUNNOM 42038-56' EAST, 410.17 FEET, THENCE RUN
NORTH 564019' EAST. 123.98 FEET, THENCE RUN NORTH 07047'31' EAST,
120.70 FEET, THENCE FUN NORTH 81408*31- EAST. 112.30 FEET; THENCE ALIN
NORTH S3022-54- FAST, 248.65 FM. THENCE RUN SOUTH 74050147* EAST,
65.66 FEET; THENCE RUN SOUTH 84010`54' EAST. 94.53 FEET; THENCE RUN
NORTH 66138'58* EAST, 00.76 FEET; THENCE RUN NORTH 2642111471 EAST,
94.37 FEET. THENCE RUN NORTH 48°26'14• EAST. 41.58 FEET; THENCE RUN
SOUTH 04042'24" FAST. 16.74 FEET; THENCE SUR SOUTH 00627'66* WEST,
634.28 FEET: THENCE RUN SOUTH 30,54*01' WEST, 1619 FEET. THENCE RUN
SOUTH 88150*05* WEST, 8613 FEET. THENCE RUN SOUTH 96150'15' WEST.
29.00 FEET, THENCE RUN SOUTH 8'.941'47' WEST. A 1.0 Fg-M- THENCE RUN
SPlYiN 89147*58* WEST, 125.05 FEET; THENCE RUN SOUTH 4*1029'15* WEST,
100.50 FEET, THENCE RUN SOUTH 8S^65'47" WEST, 07.76 FEET, THENCE RUN
NORTH 81016'50* WEST. 25.10 Kr., THENCE RUN SOUTH 89047'60* WEST,
40.10 FEET; THENCE RUN 90IMt 55144'22' WEST, 29,21 FEET, THENCE RUN
SOUTH 89047'56* WEST, 210.69 FEET 10 TILE POINT OF BEGINNING.
THE ASOVE DESCRUSED PARCEL OF LAND LIES IN 'THE CITY OF SANFORD, SEMINOLE COUNTY.
FLORIDA AND CONTAINS 9.106 ACRM, MORE OR LESS.
"Yevoll's NOTES
(1) REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH THE
SURVEYOR'S EMSOSSED SEAL
12) LANCS S!4OWN HEREON WERE NOT AOSTAACTID FOR RIGHTS-OF-WAY, EASEMENTS,
OWNERSHIP. OR OTHER INSTRUMENTS OF RECORD By THIS FIRM,
13) SEARWOS SHOUN HEREON ARE RELATIVE TO AN ASSUMED SEARING BASED ON THE
SOUTH LINE OF THE SOUTHEAST OUARTFA Of SECTION 29,TOWWSMP 19 SOUTH, RANGE
30 FAST. BEING NCO" 81#47'50* EAST,
t41 THE *LEGAL DESCRIPTION' HEREON HAS BEEN PREPARED BY THE SURVEYOR AT THE
CURNT'S REOUIEST.
it) THIS SKVI*4 DOES NOT REPRESENT A RELD SURVEY, AS SUCH.
161 THE DELINEATION OF LANDS SHOWN HEREON ARE AS PER THE CUENT'S INSTRUCTIONS.
gjarjtjfA="
WE riEREBY CEATIFIf THAT THIS LEGAL DESCRIPTION 19 TRUE AND CORRECT TO THE BEST Of
OUR KNOWLEDGE AND BELIEF AS PREPARED UNDER OUR DIRECTION IN OCT089k 1993. WE
FURTHER CERTIFY THAT THIS LEGAL DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS
SET fORIH IN RtXf 21SH-5 (F.A.C.) ADOPTED BY THE FLORIDA BOARD OF LAND SURVEYORS,
PURSUANT TO ' 7LORIDA STATUTES 472,027.
DAVID A. LTE, pl.s.
rLOAIDA Rf*I.4rftAnON NO. 4044
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EXHIBIT "A"
page 4 of 7
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EXHIBIT "A"
page 4 of 7
SCHOOL PLANNING AND CONCURRENCY APPLICATION / SCHOOL
IMPACT ANALYSIS SEMINOLE COUNTY PUBLIC SCHOOLS, FACILITIES
PLANNING DEPARTMENT 400 EAST LAKE MARY BOULEVARD ♦ SANFORD,
FLORIDA 32773-7127
Instructions: Please submit one copy of completed application, location map, and applicable fee for each new
residential project to the address above.
1. Application Type
Check [A one only:
[Z] School Capacity Determination (Land Use & Zoning) [M] Letter of No Impact [171] Letter of Exemption
[171] Time Extension [n] School Capacity Availability Letter of Determination (Site Plan & Subdivisions)
[n] Project Amendment/Re-evaluation
See attached Fee Schedule. Make check payable to Seminole County School Board. In the event that a Mitigation Agreement is
necessary, an additional fee may be required.
11. Project Information:
Project Name: Seminole Towne Center -Tract 13 Local Government: City of Sanford
Parcel ID#: (attach separate sheet for multiple parcels): 29-19-30-5LW-1300-0000
Location/Address of subject property: Sanford, FL 32771 (Attach location map)
Closest Major Intersection: Towne Center Blvd & WP Ball Blvd
Ill. Ownership/Agent Information:
Owner/Contract Purchaser Name(s): Seminole Mail Realty Holding LLC
Agent/Contact Person: Javier Omana CNU-a
Mailing address: 1117 E Robinson St. Orlando FL, 32801
Telephone#: (407) 425-0452 Fax:
Email: Jomana(a)cphcorp.com
IV. Development Information:
February 2019 Page 1 of 3 SCPS Facilities Planning
Project Data
Current
Proposed
Future Land Use RP/HI
Future Land Use
HI
Zoning PD
Zoning
PD
Single Family Detached:
Single Family
Apartments: # Units
Mobile Homes:
0
Attached:
0-850 sf
0
0
851-1000 sf
1000 sf or more 323
Total Units: 0
Total Acres: 13.5 t
Phased Project:
Yes❑ No®
February 2019 Page 1 of 3 SCPS Facilities Planning
SCHOOL PLANNING AND CONCURRENCY APPLICATION I SCHOOL IMPACT ANALYSIS
SEMINOLE COUNTY PUBLIC SCHOOLS
Applicant shall provide the information above to the Seminole County School District to calculate student
generation, evaluate school capacity, and address any potential mitigation. The applicant is responsible for
obtaining any additional information required to complete the review process. For further information regarding
this application process, please contact the local government with jurisdiction or the Seminole County Schools
Facilities Planning Department at: 407-320-0583.
I hereby certify the statements and/or information contained in this application with any attachments
submitted herewith are true and correct to the best of my knowledge.
Disclaimers:
By my signature hereto, I do hereby certify that the information contained in this application is true and correct
to the best of my knowledge, and understand that deliberate misrepresentation of such information may be
grounds for denial or reversal of this application and / or revocation of any approval based upon this application.
I further acknowledge that the School Board of Seminole County may not defend any challenge to my proposed
application, and that it may be my sole obligation to defend any and all actions and approvals related to approval
of this application. Submission of this application initiates a process and does not imply approval by the School
Board of Seminole County or any its staff.
I further acknowledge that I have read the information contained in this application and have had sufficient
opportunity to inquire with regard to matters set forth therein and, accordingly, fully understand all applicable
procedures and matters relating to this application. I hereby represent that I have the lawful right and authority
to file this application.
Signature:
Date: 6/22/21
Agent:
If applicant is not the owner of record, a letter of authorization from the property owner(s) must be included with this form at
time of application submittal. If owner is a company/corporation, please submit documentation that signatory is registered
agent of the company.
Official Use Only
Application Received
Date:
Time:
By:
February 2419 Page 2 of 3 SCPS Facilities Planning
APPENDIX D
School Capacity Determination Application
(Tract 13)
Seminole Towne Center
Tract 13 Conservation Easement Page 1 19
Small Scale Future Land Use Amendment
June 22, 2021
APPENDIX E
Preliminary Ecological Assessment
(Tract 13)
Seminole Towne Center
Tract 13 Conservation Easement Page 120
Small Scale Future Land Use Amendment
June 22, 2021
Job #534701
Engineers
Architrets
Planners
Sumeyors
Landscape Architects
TraffitVTransporta tion
Environmental Scientists
11
Construction Management
Prepared by:
CPH, Inc.
1117 E. Robinson Street
Orlando, Florida 32801
Office: 407-425-0452
Engineer - COA 3213 Landscape Architect - LCO(K)0298 Architect - AA26WO926 Surveyor - LB7143
EXECUTIVE SUMMARY
The firm of CPH, Inc. has been retained by Seminole Mall Realty Holdings, LLC to conduct a
Preliminary Ecological Assessment of the subject Parcel (Tract 13) to determine in addition to the
Preliminary Ecological assessment, the initial steps necessary to convert subject site to a "pad -
ready" development site.
The subject report does not address the civil engineering aspects of the "pad -ready" process but
does outline the steps to commence the process:
1) Release of Conservation Easement:
This entails analysis of stormwater system and Tract 13's role in the overall system.
Displaced stormwater capacity must be relocated elsewhere on Seminole Towne Center
(STC) property. Tract 13 serves as a stormwater area and a wetland area. Wetland
removal may require off-site mitigation.
2) Site Engineering Analysis:
This item entails the analysis of soils with respect to hydric characteristics (muck) and
import- fill material requirements for "pad -ready" status.
Action Plan:
1) Schedule meeting with St. Johns River Water Management District (SJRWMD) to
introduce the project and obtain procedural protocols to remove conservation
easement.
2) Commence specific studies for Wetland removal and mitigation and stormwater
system analysis modification.
3) Begin initial civil engineering assessment regarding "demucking" of site, soil
rehabilitation process and provide preliminary Opinion of Probable Cost to bring site to
"pad -ready" state.
SEM|NOLETOVVWECENTER
PRELIMINARY ECOLOGICAL ASSESSMENT
DECEMBER 2020
TABLE OF CONTENTS
18 INTRODUCTION —_------------'-------_-----_------------------1
2.0 METHODOLOGY -------_--._—'.--._--_--.—.—_--.-------.--.-------1
3.0 EXISTING CONDITIONS .............................................................................................. ................................................... 2
3.1 Vegetation and Land Use Types ................................................... ....... .......................................................... 2
4.0 REGULATORY CONSIDERATIONS ........................................ .......................................... ............ .......... ................... 4
4`1 St. Johns River Water Management District ..................................................................................................... 4
4.2 Florida Department ufEnvironmental Protection ...................................... ............ ........ ................................. 5
43 iiS.Army Corps of Engineers.. .............................. ............................................................................ ........... 6
5.0 PROTECTED FAUNA AND FLORA ................. ............................................................................................................. G
5.1 Records Search .................. .......................................... ............... ..................................................................
6
52 Field Investigation ...................... ................... .......................... ................ ......... ............... --................... ...
T
E3 Protected Fauna and Flora Regulatory Considerations ........................................................................ ...........
8
5.3.1Migratory Bird Treaty Act .----------------------------------------.8
5.3.2Bald Eagle .......... ....................... ............................................ ................................................................
0
5.3.3VVoterbkdColonies .......... ....................................... —................ ............................................... .........
O
53.4Wood Stork Core Foraging Area ...................... .................................. ........ .......... .......... ...................
9
5.3.5USFVVSFlorida Scrub Jay Consultation Area ............................................... ........................................
1O
5.3.6Gopher Tortoise .................................................................. ..................................................................
n
GD EXISTING REGULATORY APPROVALS .............. ... —............................... ........ ............. ......................................... 12
7.0 CONSERVATION EASEMENT RELEASE .......... .............. .......................... ................................................................ 14
88 PRELIMINARY MITIGATION ASGESSMENT—.......... ....................... .......................................... —.............. —..... 17
8.1 Mitigation Bank Credit Estimated Costs .......................................................................................................... 18
9.0 SUMMARY ...................................................................................................................................................................... 19
TABLES
Table No. iMitigation Banks Eligible to Provide Credits ........................................................................................... 18
APPENDICES
APPENDIX A—Figures
Figura 1 Location Map
Roum 2 Parcel map
Figure 3 Preliminary Vegetation & Land Use Map
Figure 4 Species Map
Figure 5 Conservation Easement Map
N1 as]JUNK40
CPH, Inc. (CPH), Environmental Services, conducted a preliminary ecological assessment on a
111.87 -acre property (known as the Seminole Towne Center Property) located in the City of
Sanford, Seminole County, Florida. The subject property is located on the north side of State Road
(SR) 417, east of Interstate 4 (1-4) and south of State Road (SR) 46. The purpose of this
preliminary assessment is to provide: 1) a general estimate of the type and extent of upland habitat
types and confirm the extent and configuration of areas expected to fall within the wetland
regulatory jurisdiction of the U.S. Army Corps of Engineers (ACOE) and the St. Johns River Water
Management District (SJRWMD; 2) conduct a public database search for known or probable
geographic distribution of protected species within these habitat types; 3) a preliminary review for
protected wildlife (and plant) species occurrence based on direct observation during the field
investigation; 4) quality of the on-site wetland habitats, if applicable; and 5) a preliminary mitigation
analysis applicable to this project based on the information available.
The 111.87 -acre subject property is located in Sections 29 and 32, Township 19 South, Range 30
East, in the City of Sanford, Seminole County, Florida (Figure 1, Appendix A). Vegetation
associations and landscape descriptions were identified from aerial photography, the Soil
Conservation Service (SCS) Soil Survey of Seminole County, Florida, and groundtruthing. There
are five (5) vegetation and land use classifications within the subject property boundary. Vegetation
and land uses are generally classified in accordance with the Florida Land Use, Cover and Forms
Classification System (FLUCFCS) (FDOT 1999). CPH's on-site field investigation was conducted
on June 26, 2020.
2.0 METHODOLOGY
In June 2020, scientists performed pedestrian surveys of the subject property for the presence of
protected flora and fauna and wetlands and surface waters. Pedestrian transects were sufficient to
cover a significant portion of the subject property. Prior to the reconnaissance level survey, a list of
potentially occurring protected flora and fauna was compiled based on on-site habitat types and
known or probable geographic distribution of protected species within these habitat types. The
focus of this Preliminary Ecological Assessment is the 13.50 -acre Parcel F (Figure 2).
3.0 EXISTING CONDITIONS
The subject property is bordered by State Road 417 to the south, 1-4 to the west, SIR 46 to the
north and is located east and west of Seminole Towne Center Boulevard. The subject property
consists of commercial development, parking areas, undeveloped land and wetlands used as
stormwater ponds.
3.1 Vegetation and Land Use Types
There are five (5) vegetation and land use classifications mapped within the property
boundaries. Vegetation and land uses are generally classified in accordance with the
Florida Land Use, Cover and Forms Classification System (FLUCFCS) (FDOT 1999). The
following descriptive titles and FLUCFCS numbers assess the subject property's
vegetation and land use and are presented on the enclosed aerial photograph (Figure 3).
Retail Sales & Services (FLUCFCS No. 1411
This land use classification of retail sales and services is primarily devoted to the sale of
products and services. This category is comprised of elements of central business districts,
shopping centers and office buildings including associated structures, driveways and
parking lots and all other facilities. The majority of the project area falls under this
category. Vegetation is sparse and limited to landscape plantings and ornamental trees.
Inactive Land (FLUCFCS No. 192)
This land use classification describes undeveloped land within urban areas. This area
does not have improvements above ground. The intended use of this portion of the
property is not apparent. Vegetation observed included various weeds and grasses.
2
Other Shrubs and Brush (FLUCKS No. 329)
This habitat classification describes an area where shrubs, brush, grasses, weeds and
scattered trees have been allowed to grow. This habitat is located around the stormwater
management ponds/wetland area. Vegetation observed included laurel oak (Quercus
laurifolia), slash pine (Pinus elliotth), earpod tree (Enterolobium contortisiliquum), black
cherry (Prunus serotina), Chinaberry (Melia azedarach), Caesar weed (Urena lobata),
ragweed (Ambrosia artemisiffiblia), muscadine (Vitis sp.), wax myrtle (Myrica cerifera),
lantana (Lantana sp.), bahia grass (Paspalum notatum), blackberry (Rebus sp.) and
various weeds and grasses.
Stormwater Pond (FLUCKS No. 530)
This land use classication describes wetlands that were created as part of the stormwater
pond for the water quality treatment of stormwater run-off for the Seminole Towne Center
development. Vegetation observed within this stormwater pond area included willow (Salix
sp.), maidencane (Panicum hemitomon), elderberry (Sambucus canadensis), cattail
(Typha sp.), duckweed (Lemna sp.), soft rush (Juncus sp.) and wax myrtle. A stormwater
structure was observed on the periphery of the pond adjacent to Towne Center Boulevard.
Exotic Wetland Hardwoods (FLUCKS No. 619)
This habitat classification describes a wetland predominately vegetated with exotic
species. Dominant species observed in the wetland included Peruvian primrose -willow
(Ludwigia peruviana), sweet bay (Magnolia virginiana), black gum (Nyssa sylvatica var.
biflora), stagger bush (Lyonia lucida), slash pine (Pinus elliottii), water oak (Quercus nigra),
red maple (Acer rubrum), wax myrtle (Myrica cerifera) and loblolly bay (Gordonia
lasianthus). The wetland was converted into part of the stormwater pond and used for
attenuation of stormwater run-off as part of the Seminole Towne Center development.
3
3.2 Wetlands and Surface Waters
According to wetland delineation methodologies outlined in the Corps of Engineers
Wetland Delineation Manual (1987), the 2008 Corps Interim Regional Supplement to the
Corps Wetland Delineation Manual. Atlantic & Gulf Coastal Plain Region and the State of
Florida Unified Wetland Delineation Methodology (Section 62-340, F,A.C.), areas classified
as jurisdictional systems were observed within, or immediately adjacent to, the subject
project area during the field investigation. In June 2020, CPH scientists observed areas
meeting the definition of a wetland within Parcel F. The wetland area is depicted on Figure
3 as FLUCFCS No. 619.
4.0 REGULATORY CONSIDERATIONS
4.1 St. Johns River Water Management District
The SJRWMD regulates wetlands that are isolated and those considered within or
connected to 'Waters of the State" pursuant to Chapter 403 of the Florida Statutes, Rules
62-302 and 62-330 of the Florida Administrative Code (F.A.C). Development activities
altering wetlands and/or drainage will require an Environmental Resource Permit (ERP)
from the SJRWMD. Different ERP Permits for various activities, General Permits and
exemptions, can be found in the State of Florida Environmental Resource Permit
Applicant's Handbook, Volume 1. Specific design standards, basin specific criteria and
procedures can be found in the State of Florida Environmental Resource Permit
Applicant's Handbook, Volume It.
Applicants must provide reasonable assurances that a regulated activity will not cause
adverse secondary impacts to the water resource, specifically aquatic or wetland
dependent fish and wildlife that are listed as threatened, endangered or of special concern.
Secondary impacts to the habitat functions of wetlands associated with adjacent upland
activities will not be considered adverse if upland buffers with a minimum width of 15 feet
0
and an average width of 25 feet are provided abutting those wetlands to remain under the
permitted design.
4.2 Florida Department of Environmental Protection
The U.S. Environmental Protection Agency (EPA) requires coverage under the National
Pollutant Discharge Elimination System (NPDES) generic permit for discharge from large
and small construction activities for any project that results in the clearing of one or more
acres, pursuant to 40 CFR parts 122 and 124 and the Florida Department of
Environmental Protection (FDEP), pursuant to rule 62-621.300 (4), F.A.C. The EPA has
delegated responsibility to the FDEP to administer the NPDES permits for the State of
Florida. In association with this permit, a Stormwater Pollution Prevention Plan (SWPPP),
which will be implemented during the construction of the project, will also be required. The
primary functions of the NPDES requirements are to ensure that sediment and erosion
during construction of the project is controlled. The NPDES permit typically requires use of
Best Management Practices to ensure compliance with water quality standards. In
addition, coverage under the generic permit for discharge of produced ground water from a
non -contaminated site activity must be secured for any construction -related dewatering
activity pursuant to Rule 62-621.302.
4.3 U.S. Army Corps of Engineers
The ACOE regulates wetlands connected to "Waters of the United States" and "Adjacent
Waters" pursuant to Section 404 of the Clean Water Act. Based on the U.S. Supreme
Court decision Solid Waste Agency of Northern Cook County v. U.S. Army Corps o
Engineers, No. 99-1178 (January 9, 2001) (SWANCC) isolated wetlands are considered
non -jurisdictional for the ACOE. Based on the U.S. Supreme Court decision consolidated
cases Rapanos v. United States and Carabell v. United States, 126 S. Ct. 2208 (2006)
(RAPANOS) the ACOE is required to establish a physical, biological, or chemical nexus of
connection to traditional navigable waters (TNW) of the United States to claim jurisdiction.
The process to determine whether the ACOE will claim jurisdiction over wetland or surface
5
water is entitled a Jurisdictional Determination (JD). The JD package can be submitted
prior to a permit application or in conjunction with the permit application.
Dredge and fill activities within "Waters of the United States" and "Adjacent Waters" will
require either a Section 404 Individual Permit or verification to use permits issued through
the General or Nationwide Permit Program. The ACOE guidelines request that all impacts
associated with a particular project be submitted for consideration under one permit
application. Typical protocol for a project would include an ACOE representative reviewing
and approving the delineation of the landward extent of wetlands after the submittal of a
permit application. If less than 0.5 acres of impact are proposed, a Nationwide Permit will
be required to authorize wetland impacts. However, if more than a 0.5 -acre impact is
proposed, an Individual Permit will be required to authorize wetland impacts. If proposed
impacts are minor, less than 0.10 acre, the ACOE can be notified of the proposed
construction through a pre -construction notification (PCN) letter. If mitigation is required to
compensate for wetland impacts, the ACOE's internal guidance states a preference for the
use of mitigation bank credits as a mitigation solution.
5.0 PROTECTED FAUNA AND FLORA
Preliminary ecological investigations included review of published and unpublished literature
concerning the subject property and surrounding area, solicitation of databases on protected
species, field investigations to generally delineate and characterize the habitats and a preliminary
field survey for the occurrence of protected flora and fauna.
5.1 Records Search
Prior to initiation of field work, a records review of documented wildlife observations
(Wildlife Occurrence Database System) maintained by the Florida Fish and Wildlife
Conservation Commission (FFWCC) was conducted. Other resources used as aids
included the following: aerials, Soil Survey of Seminole County, Florida; Florida National
M.
Areas Inventory (FNAI); and Official Lists of Endangered and Potentially Endangered
Fauna and Flora in Florida (FFWCC). The records review did not indicate recorded
observations or occurrences of protected species on the subject property (Figure 4).
5.2 Field Investigations
CPH biologists conducted field investigation of the subject property on June 26, 2020.
General reconnaissance of the site was conducted, looking for the occurrence of federal or
state -listed flora and fauna as well as general wildlife utilization.
Regulatory oversight for protected fauna and flora is the responsibility of the U.S. Fish and
Wildlife Service (USFWS), FFWCC and the Florida Department of Agriculture and
Consumer Services (DACS). The USFWS is the federal agency responsible for protecting
the nation's fish and wildlife resources through implementation of the Endangered Species
Act of 1973, as amended. ("ESA," 16 U.S.C. 1513-1543). Species protected under the
ESA were not observed within, or adjacent to, the subject property during the on-
site field investigation.
The Florida Fish and Wildlife Conservation Commission (FFWCC) regulate the taking of
species listed as endangered, threatened or of special concern and their nests through
Rules 68A-27.003, 68A-27.004 and 68A-27.005, Florida Administrative Code. The FFWCC
also provides technical assistance to other agencies that have regulatory authority over
activities, which may affect fish and wildlife and their habitat. State listed protected
species were not observed during the on-site field investigation.
Section 581.185, Florida Statues and Chapter 513-40, F.A.C., delegates authority to the
Florida Department of Agriculture and Consumer Services (DACS) to designate and
regulate plants listed as "endangered," "commercially exploited" and "threatened." It is
unlawful for an individual to harvest endangered or commercially exploited plants from the
private land of another or any public land without first obtaining written permission of the
landowner and a permit from DACS. It is unlawful for an individual to harvest a threatened
7
plant from private land or public land without first obtaining written permission of the
landowner. DACS protected plants were not observed on the subject property during
the on-site field investigation.
Wildlife utilization is a measure of direct observations or evidence of animals' presence
(e.g. scat, tracks, dens, etc.). Potential wildlife utilization was evaluated on the basis of
food sources, nesting areas, roosting areas, den areas and protective covering. The
subject property is not part of, or adjacent to, a wildlife corridor and is within a developed
urban area of Seminole County. The potential for wildlife utilization of subject property is
considered low due to its urban location and proximity to heavily trafficked roads, which
deter wildlife use. During the field investigation, direct observations or signs of wildlife on
the subject project included blue jay (Cyanocitta cristata), fish crow (Corvus ossifragus),
brown anole (Aeolis sagrei) and Northern cardinal (Cardinalis cardinalis).
5.3 Protected Fauna and Flora Regulatory Considerations
Below is a discussion of select species or groups of wildlife that frequently affect
development projects or can affect a project even though these species are not physically
located on the development site.
5.3.1 Migratory Bird Treaty Act
The USFWS also administers and enforces the Migratory Bird Treaty Act (MBTA) of 1918,
as amended, (16 USC 703-712) which makes it unlawful to pursue, hunt, take, capture, kill
or sell birds listed therein ("migratory birds"). The statute does not discriminate between
live or dead birds and also grants full protection to any bird parts including feathers, eggs
and nests. A migratory bird is any species or family of birds that live, reproduce or migrate
within or across international borders at some point during their annual life cycle. The
current list of birds protected under the MBTA was published in the Federal Register on
April 16, 2020 which became effective on May 18, 2020. In total, 1,093 bird species are
protected by the MBTA. Avian species protected under the MBTA were observed
within, or adjacent to, the subject property during the field investigation. Provided
H*.
construction activities do not directly kill or harm birds, their nests and/or eggs,
development of the subject property has a low probability of violating the MBTA.
5.3.2 Bald Eagle
The FFWCC was also consulted with regard to known, documented, active bald eagle
nests in the immediate proximity of the project site. According to the FFWCC database
active nests are not documented as occurring within the property boundary or the property
vicinity. The closest documented bald eagle nest (Nest #SE047) is located approximately
1.75 miles to the east of the subject property (Figure 4). The presence of this nest will
not adversely affect development of the subject property due to the distance from
the nest to the subject property.
5.3.3 Waterbird Colonies
The FFWCC conducted a statewide aerial survey in 1999 to locate waterbird (herons,
egrets, ibises, spoonbills, storks, anhingas, cormorants, and pelicans) breeding colonies
and estimate colony size and species composition. According to the online database
(Florida Fish and Wildlife Conservation Commission, Florida's Waterbird Colony Locator,
hftp://www.myfwc.com/waders, 2005), documented breeding sites in the vicinity of the
subject property were not recorded. Evidence of such activity was not observed during the
course of the field investigations. The closest documented breeding colony is located
approximately 3 miles to the north of the subject property, on the east side of Interstate 4.
The presence of this colony will not adversely affect the development of the subject
property due to the distance from the colony to the subject property.
5.3.4 Wood Stork Core Foraging Area
The wood stork (Mycteria americana) is listed as Endangered by the USFWS and the
FFWCC. The wood stork is protected under the Endangered Species Act of 1973, as
amended, 16 U.S.C. 1531 et seq. and Florida Chapter 68A, Florida Administrative Code.
Inundated forested wetlands, cypress strands and domes, mixed hardwood swamps and
sloughs provide nesting habitat. Nest sites are generally in woody vegetation over standing
water, or on islands surrounded by broad expanses of open water. Shallow freshwater
E
marshes, ponds, flooded pastures and ditches provide suitable foraging habitat. Wood
storks nest in colonies and will return to the same colony site for many years so long as
the site and the surrounding feeding habitat continue to supply the needs for the birds. The
USFWS has determined the extent of the Core Foraging Area (CFA) as approximately 15
miles from the nesting colony in central Florida.
rl:...... areas within theCSFA r��( uir l jEe to one ratio for
w td rrd...rrrr aot �Id_fUnctontal r lrrt ntant ofall wetland imp ;ta w If dkrr� Bcraac � r taB n
affects the rood stork with�er� the
or the ;t rawfrarwr�Br� µ area,, n rit gr ion. will, b fea u�d..:.._ star stork habil t n7 naggrnent: is
described in the U.S. F"'iand Wildlife SorytCes Sul mental Guidelines for the Wood
Storks in the South Florida tvr��Br�. r;af Services Consultation �rf� Joanr �S � Ci .M._.The
. _w ._ .._._ . sm... � ... _ �
subject property is located within the CFA of a wood stork colony (Figure 4).
LJSFWS and1' w ula it , aceta to the wood stork. Wetland roil to.s itabl
y�t1attWitita.l a y..m �...a-t .
.... m ne r_ on wetland
mitigation ratio. Wetland c rnpLL r Li i is n e s to...aa m he historical Ili wfLI d of
hµswin
1,L,qcttetl Ula to roy.ide. habitaLcomp2.1mation for oo stork. Based on
similar project experience, SJRWMD will likely deem the on-site wetland habitat as
suitable habitat for wood storks. This issue is typically addressed during the state
and Federal wetlands permitting process through development of the wetland
mitigation plan.
5.3.5 USFWS Florida dub ala Consultation Area
The Florida v wctScrub ....E _ � t rtr_ cf eryl Wscen o rmlrlesce nrs is listed aas._a Threatened
s tc ...try he USFW a.:thlrogg a_ ILr .... n rRr Lgp ...pecies ct ctt...1 73.x._ �q amended 15
..._.
_...____... .: _ .' ..._m ._ s.._:v.. ica (aafraisr r...(. ! .:tSa karcjsat : n �t
tf. . . 1531 et o ._rhew�„1S W. issues a Biolo,
effects on the threatened Florida scrI4!. jqy in accordance,with Section7 or Section 10 of.
l * . __..._._ _.._.._.�_re __......__._._.. _._ r stat. °I U... 1531 wet
w Mla f aae: reci t. chp ;f t caf i 3f 3 as anbenderl w......__.........._.._..._._ _... _ .
se .:.. _ ..A" t ril�w pll_c� at t%lca r catwiste ...r i tc t€tr m� Sp r�rfa oaken �awrwgj ct 'to
ensure the sa?a, ica i mnot adversel affected, The subject property is located in
10
the USFWS Florida Scrub Jay Consultation Area (Figure 4). According to the USFWS
database the closest known scrub jay territory is located approximately two (2)
miles northwest of the subject property. obseiWations suitable
§�gjLiIJAV_Ijabitat Yvas not observed on the subject property 4t1qq,g. the field
rives
No further coordination should be required with the USFWS regarding the scrub jay
as the property is developed, lacks suitable scrub jay habitat and scrub jays were
not observed. If desired by the project owner/land owner, an informal consultation
with the USFWS should occur to obtain written confirmation of the "no effect"
determination for the scrub jay.
5.3.6 Gopher Tortoise
The gopher tortoise (Gopherus polyphemus) is listed as a "Threatened" species by the
FFWCC and is protected by state law under Chapter 68A-27, Florida Administrative Code.
The gopher tortoise is found throughout Florida and is generally associated with longleaf
pine and xeric oak sandhills but is also located in scrub, xeric hammock, pine flatwoods,
dry prairie, coastal grasslands and dunes, mixed hardwood -pine and a variety of disturbed
habitats. If the gopher tortoise is observed, or signs of the tortoise such as burrows are
observed, their presence must be addressed prior to on-site construction activities. The
FFWCC is the state agency responsible for overseeing the management of this species
including permitting. During the June 2020 field investigation, the gopher tortoise and
their signs (scat, burrows, etc.) were not observed within, or adjacent to the subject
property.
5.3.7 USFWS Everglade Snail Kite Consultation Area
The subject property is located in the USFWS Everglades Snail Kite Consultation
Area (Figure 4). The Everglade snail kite (Rostrhamus sociabilis plumbeus) is listed as
Endangered by the USFWS and the FFWCC. The Everglade snail kite is protected under
the Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq. Typical
Everglade snail kite habitat consists of freshwater marshes and the shallow vegetated
11
edges of lakes (natural and man-made) where apple snails (Pomacea paludosa) can be
found. Everglade snail kites require suitable foraging areas that are relatively clear and
open in order to visually search for their specialized diet (apple snails). To maximize the
chances of finding snail kites the survey should be conducted in January to May during the
breeding season.
During the preliminary field investigation, the snail kite, apple snails and snail kite
nesting habitat were not observed within the subject property boundaries. Further
consultation with the USFWS is not a consideration for this project as the snail kite
and it's habitat were not observed. If desired by the project owner/land owner, an
informal consultation with the USFWS should occur to obtain written confirmation
of the "no effect" determination for the snail kite.
6.0 EXISTING REGULATORY APPROVALS
A public records search was conducted for the subject property to discover if previous and/or
existing regulatory approvals were available for review. Files were readily available from the
SJRWMD. FDEP and the ACOS files were not readily available for review.
According to documents reviewed at SJRWMD, Seminole Towne Center was issued a Conceptual
Permit # 4-117-0221C and Management & Storage of Surface Waters (MSSW) Permit # 4-117-
0369 authorizing the project construction, stormwater pond construction, wetland impacts and
mitigation. The Harris Development Seminole Towne Center Property (subject property) was
inclusive of the Seminole Towne Center project. The MSSW was modified again as Permit # 4-
117-0369AM, This modification included enlargement and reconfiguration of Pond 3A (not in the
subject property boundary) and modification of the mitigation plan. The original applicant placed
upland and wetland areas under a recorded conservation easement as proposed in Permit # 4-
117-0369 but instead of planting 7.92 acres of wetlands and 0.9 acres of uplands, the applicant
preserved 25 acres of off-site wetland area. The proposed changes were based on the long-term
maintenance and monitoring considerations and overall ecological benefits.
12
This regulatory file review will only discuss issues relevant to the Parcel F also known as
Stormwater Pond No. 2 and Wetland No. 3 in the historical SJRWMD permitting documents. For
reference, Pond 2 is the area identified as FLUCFCS No. 619 on Figure 3. The permit authorized
the construction of Pond 2 and the incorporation of a wetland (a.k.a., Wetland No. 3 a.k.a. Pond 2
in Seminole Towne Center permit documents) into the stormwater management system. Part of the
Seminole Towne Center mitigation plan included the conveyance of a conservation easement (CE)
to SJRWMD over Wetland No. 3. The CE was recorded on December 17, 1993. The CE legal
description states 9.11 acres of Wetland # 3 (a.k.a. Pond 2) were conveyed to SJRWMD by the
recording of the CE. The SJRWMD had described Wetland # 3 (a.k.a. Pond 2) as an isolated
wetland used for stormwater treatment. Another conservation easement was granted to SJRWMD
within Parcel F. This second easement is approximately 0.39 acres and is related to drainage
conveyance of the stormwater pond. The location of the onservation easements are located on
Figure 5.
During the construction of the Seminole Towne Center over -clearing of 0.47 acres of a forested
wetland resulted in SJRWMD issuing a Consent Order (#94-1500). In resolving the Consent Order,
it was necessary to store additional volumes of stormwater in Wetland Nos. 2 and 3 for an
extended period of time. As a result of the prolonged inundation, vegetation within these wetland
areas were impacted. SJRWMD informed Seminole Towne Center of their intent to initiate
additional enforcement to remediate the impacts to Wetland Nos. 2 and 3. A permit modification
was obtained which provided for the replacement of the on-site wetland mitigation by the
preservation of an off-site regionally significant wetland parcel (Permit #4-117-0369M, approved by
SJRWMD on 7/11/95). In this permit modification, the mitigation plan was updated to compensate
for the habitat loss within Wetland Nos. 2 and 3, the 0.47 acre of over -clearing within Wetland No.
3 and impacts to vegetation within Wetland Nos. 2 and 3. Wetland No. 3 is located within the
subject property.
SJRWMD issued a permit modification for the Seminole Towne Center Stormwater Pond 3A
project in 1995 under application #4-117-0369AM. The SJRWMD Technical Staff Report states a
conceptual permit (4-117-0221C) was issued to Seminole Towne Center for the surface water
13
management system, wetland encroachment and mitigation plan. Permit # 4-117-0369 was issued
in August 1994 that authorized the construction of the surface water management system, wetland
encroachment and mitigation plan. Application #4-117-0369AM proposed two modifications to
Permit # 4-117-0369. Modification #1 included the surface water management system consisting of
the enlargement and re -configuration of Pond 3A to accommodate the stormwater runoff from the
United Artists Theatre (#40-117-292A). Modification #2 proposed modification of the mitigation plan
which was approved in Permit # 4-117-0369. Instead of planting 7.92 acres of wetlands and 0.9
acre of uplands, the applicant proposed 25 acres of off-site preservation.
Based upon the items reviewed in the SJRWMD file, it appears the remaining area known as Pond
2 (Wetland No. 3) is still part of the Seminole Towne Center stormwater management treatment
system but may not be a part of the mitigation plan due to permit modifications. Pond 2 (Wetland
No. 3) was incorporated into the project stormwater management treatment system and preserved
under a conservation easement granted to SJRWMD. Any impacts proposed to this system may
involve replacing the mitigation (removal of the CE) provided for the Seminole Towne Center
related to Pond 2 (Wetland No. 3) mitigation value. Providing mitigation for the new proposed
impact will require approval from the SJRWMD Governing Board for the release of the CE. In
addition, any stormwater treatment volume lost within Pond 2 (Wetland No. 3) as a result of
alteration to the system would need to be addressed.
7.0 CONSERVATION EASEMENT RELEASE
Based upon the items reviewed in the SJRWMD file, it appears the remaining area known as Pond
2 (Wetland No. 3) is still under a CE. The SJRWMD rule 40C-1.1101 establishes the terms and
conditions under which the SJRWMD shall agree to amend or release all or part of a conservation
easement conveyed to it, pursuant to Section 704.06, F.S., solely for mitigation or in compliance
with other regulatory requirements of the SJRWMD or another governmental entity. The following
is a summary of the SJRWMD rule.
14
The SJRWMD's decision to release or amend a conservation easement is a proprietary decision
and does not result in any waiver of regulatory requirements. Property owners shall be responsible
for obtaining all necessary permits for their construction activities, including any dredging or filling
of wetlands. A request for the release or amendment of a conservation easement shall include a
copy of the recorded conservation easement; a copy of any conservation easement over other
property offered in exchange for the requested release or amendment; and a map showing the
location of the recorded conservation easement and any conservation easement offered in
exchange.
SJRWMD rule 40C-1.1101 (g) Other Requests. Other requests are all other requests for release or
amendment of conservation easements that do not involve public projects as defined in paragraph
40C-1.1101(l)(c), F.A.C., or requests for release or amendment where the conservation easement
that is the subject of the request is located on a single-family lot or within a permitted residential
development. The SJRWMD shall release or amend a conservation easement under this "other
requests" category, under the following terms and conditions:
1. The entity making the request must provide the SJRWMD with a conservation easement having
substantially similar terms, over other lands within the same drainage basin, with the new
conservation easement having equivalent or greater ecological and monetary value when
compared to the conservation easement to be released or amended.
a. To establish ecological values, the SJRWMD shall use the Uniform Mitigation
Assessment Method (UMAM) in Chapter 62-345, F.A.C. For the conservation easement that is
proposed for release or amendment, the SJRWMD shall determine the reduction in ecological
value that would occur if the request were approved, based on the ecological value accorded
to the conservation easement at the time of permit issuance, or the conservation easement's
current ecological value, whichever is greater. For the conservation easement proposed in
exchange for the release or amendment, the SJRWMD shall determine the increase in
ecological value that would be attributed to the new conservation easement.
b. To establish monetary values, the SJRWMD shall obtain an appraisal for the
conservation easement area to be released or amended and for the conservation easement
offered in exchange for the release or amendment. The appraisal must be in accordance with
subsection 40C-1.1101(3), F.A.C.
15
2. In addition to encumbering the lands needed to establish equivalent ecological value pursuant to
sub -subparagraph 1.a. of this paragraph, the conservation easement proposed in exchange for the
release or amendment shall also encumber an additional contiguous acreage of both uplands and
wetlands that is at least equal to the acreage of both uplands and wetlands to be released or
amended and that provides ecological value at least equivalent to the current ecological value of
both the uplands and wetlands to be released or amended. The SJRWMD shall not accept
additional contiguous acreage that must be enhanced or otherwise modified to provide equivalent
ecological value to the current ecological value of the uplands and wetlands to be released or
amended.
3. The release or amendment shall not be approved if it would adversely affect the ecological value
of other conservation lands or interests in lands.
4. The decision to release or amend a conservation easement shall include consideration of the
effect, if any, on the reasonable expectation of persons who own property abutting the
conservation easement area that the area proposed to be released or amended would be held in
perpetuity as a conservation area.
SJRWMD rule 40C-1.1101 (h) states SJRWMD shall not accept a conservation easement over an
exchange parcel that must be enhanced or otherwise modified to provide equivalent ecological
value to the conservation easement being released or amended.
The conditions for a CE release also include noticing interested parties of the CE release
associated with a specified time frame for receipt of comments from interested parties. After this 30
day comment period from the date of the notice SJRWMD will move forward with their intended
action. Before releasing any easement in exchange for mitigation bank credits or ROMA
participation pursuant to paragraphs 40C -1.1101(1)(c), (d) or (e), F.A.C., the SJRWMD shall
publish a notice of intention to sell in accordance with Section 373.089(3), F.S. In addition,
conservation easements that also served as mitigation for permits issued by the U.S. Army Corps
of Engineers under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors
Act, the SJRWMD shall provide notice and an opportunity to comment or object to the release or
amendment to Jacksonville District, U.S. Army Corps of Engineers. The SJRWMD shall consider
any comments or objections from the U.S. Army Corps of Engineers when making the final
decision to release or amend such a conservation easement.
SJRWMD will require appraisals for "Other Requests" to provide an opinion of market value of the
SJRWMD conservation easement over the release or amendment area and of the conservation
easement offered in exchange. The market value of the conservation easement over the release or
amendment area shall be based on the difference between the full fee simple valuation after the
release or amendment and the value of the interests remaining with the person seeking the release
before the release or amendment. The market value of the conservation easement over the area
offered in exchange shall be based on the difference between the value of the full fee simple
valuation before the conveyance of a conservation easement and the value of the interest
remaining with the grantor of the easement after conveyance of the conservation easement.
There is no guarantee that the SJRWMD will approve the CE release or partial release. This topic
would need to be addressed in a pre -application meeting with the SJRWMD.
8.0 PRELIMINARY MITIGATION ASSESSMENT
As part of the permitting process, wetland avoidance and minimization criteria must be addressed.
Before mitigation to compensate for wetland impacts is accepted, an applicant must clearly show
that all alternatives to avoid and minimize impacts to wetlands are exhausted. If it is determined
that impacts to wetlands are unavoidable, then proposed mitigation options will be evaluated by the
regulatory agencies. The subject property is located within the Lake Monroe Planning Unit (sub -
basin) within the Middle St. Johns River Drainage Basin.
The subject property is located within the Mitigation Service Area (MSA) for four (4) mitigation
banks. The subject property may be considered eligible to use these Mitigation Banks as a
compensatory mitigation solution for proposed wetland impacts. Table No. 1 below provides a list
17
of available mitigation opportunities in the Middle St. Johns River, Lake Monroe Planning Unit,
Drainage Basin and their estimated cost per credit,
Table No. 1 — Mitigation Banks Eligible to Provide Credits
Mitigation Bank
State PermitlCredit
ACOE Permit/ Credit
Price
T pe
Type
Colbert -Cameron
Yes
Yes
$50,000
Mitigation Bank
Ratio Credits
MWRAP** Credits
State & ACOE
East Central Florida
$20,000 — only
Regional Mitigation
Credits not available
Yes
MWRAP Credits
0.41 ACOE
Bank
credits available
Farmton Mitigation
Yes
Yes
$145,000
Bank
UMAM*** Credits
UMAM Credits
State & ACOE
TM -Econ Ranch
Yes
Yes
$80,000
UMAM Credits
WRAP**** Credits
State & ACOE*
It AWL creans purcnasea oniyw,buu to sbt,wu per tecerai mitigation bank crean, u.1 — u.6 acres are slb,uuu/tentn of a cretin
Modified Wetland Rapid Assessment Procedure
Unified Mitigation Assessment Methodology
Welland Rapid Assessment Procedure
Credit prices may vary depending on supply and demand. Proposed impacts to wetlands or other
surface waters shall be reviewed by evaluating the impacts to water quality along with other
factors, such as fish, wildlife and protected species and their associated habitats during the
permitting process.
8.1 Mitigation Bank Credit Estimated Costs
Credit prices may vary depending on supply and demand. Proposed impacts to wetlands or other
surface waters shall be reviewed by evaluating the impacts to water quality along with other
factors, such as fish, wildlife and protected species and their associated habitats during the
permitting process. The quality of Pond 2 (FLUCFCS No. 619) is low due to debris and historical
alterations. Any impacts proposed to this system would involve replacing the mitigation value of the
CE provided for the Seminole Towne Center related to Pond 2 (Wetland No. 3). From the
SJRWMD documents reviewed, the mitigation plan was modified to include an off-site preservation
area after the vegetation impact from the flooding or prolonged inundation. Providing mitigation for
the new impacts will require approval from the SJRWMD Governing Board for the release of the
W.
CE. The following is a cost estimate for the purchase of mitigation for the release of the CE and
making the Seminole Towne Center Mitigation Plan whole (historic) and providing mitigation for
proposed impacts (current).
Table No- 2 — Mitiaation Costs for Entire Wetland Imnact
Wetland Area
Mitigation Required
Conceptual Impact Area
TM Econ — Estimated
(FLUCFCS #)
State/Federal
(Acres)
UMAM Credits Cost
619 -historic
Yes/No
9.11
$440,000
1
1
(5.5 UMAM credits)
619 -current
Yes/No
9.11
$288,000
1
(3.6 UMAM credits)
�Estimated Mitigation Cost
$728,000
The TM ECON Ranch Mitigation Bank is the most economical mitigation option based upon the
type of credit offered (WRAP vs. UMAM vs. Ratio).
9.0 SUMMARY
The 111.87 -acre Seminole Towne Center Property is located in Sections 29 and 32, Township 19
South, Range 30 East, in the City of Sanford, Seminole County, Florida. The subject property is
bordered by State Road 417 to the south, Towne Center Boulevard to the east and west, Interstate
4 to the west and SR 46 to the north. The subject property consists of developed land, forested
wetland area and areas used as stormwater ponds.
According to wetland delineation methodologies outlined in the Corps of Engineers Wetland
Delineation Manual (1987), the 2008 Corps Interim Regional Supplement to the Corps Wetland
Delineation Manual. Atlantic & Gulf Coastal Plain Region and the State of Florida Unified Wetland
Delineation Methodology (Section 62-340.300, F.A.C.), a habitat classified as wetlands or surface
waters were observed within the subject property during the field investigations. The jurisdictional
area has been indentified in this report as FLUCFCS No. 619.
Development activities altering wetlands and/or drainage will require an Environmental Resource
Permit (ERP) from the SJRWMD. Different ERP Permits for various activities, General Permits and
lut
exemptions, can be found in the State of Florida Environmental Resource Permit Applicant's
Handbook, Volume 1. Specific design standards, basin specific criteria and procedures can be
found in the State of Florida Environmental Resource Permit Applicant's Handbook, Volume I/.
Habitats classified as wetlands and surface waters will fall under the regulatory jurisdiction of the
SJRWMD.
Based upon the items reviewed in the SJRWMD file, it appears the remaining area known as Pond
2 (Wetland No. 3) is still part of the Seminole Towne Center stormwater management treatment
facilities. Pond 2 (Wetland No. 3) was incorporated into the project stormwater management
treatment system and preserved under a conservation easement granted to SJRWMD. Any
impacts proposed to this system would involve replacing the mitigation remaining for removing the
CE. The release of the CE will require approval from the SJRWMD Governing Board. In addition,
any stormwater treatment volume lost within Pond 2 (Wetland No. 3) as a result of alteration to the
system would need to be addressed.
Other environmental related authorizations needed for development include a NPDES permit and
local approvals and permits as appropriate per the City of Sanford Land Development Code and
Comprehensive Plan.
Based upon the items reviewed in the SJRWMD file, it appears the remaining area known as Pond
2 (Wetland No. 3) is still under a CE. The SJRWMD rule 40C-1,1101 establishes the terms and
conditions under which the SJRWMD shall agree to amend or release all or part of a conservation
easement conveyed to it, pursuant to Section 704.06, F.S., solely for mitigation or in compliance
with other regulatory requirements of the SJRWMD or another governmental entity. SJRWMD's
decision to release or amend a conservation easement is a proprietary decision.
The subject property is located within the Mitigation Service Area (MSA) for four (4) mitigation
banks. The subject property may be considered eligible to use these Mitigation Banks as a
compensatory mitigation solution for proposed wetland impacts. The quality of Pond 2 (FLUCFCS
No. 619) is low due to debris and historical alterations. Any impacts proposed to this system would
involve replacing the remaining mitigation value associated with the CE provided for the Seminole
20
Towne Center related to Pond 2 (Wetland No. 3). The mitigation cost to purchase mitigation bank
credits at TM Econ Ranch Mitigation Bank to compensate for the entire impact is estimated at
$728,000.
As a preliminary assessment, the findings of this report concerning native vegetation and land use
may be subject to change upon more detailed analysis. Additionally, failure to detect a listed
species does not necessarily infer species absence as wildlife are mobile, exhibit seasonality of
occurrence and generally have low population levels. Further, nothing in this report regarding
environmental laws, rules and regulations is intended to be a legal interpretation or opinion, thus
readers of this report should contact an attorney concerning any matters of law.
21
1117 E. Robinson Street
Orlando, Florida 32801
i
Seminole Towne Center
Preliminary Ecological Assessment
Seminole County, Florida
gg
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M A FEE,
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SEMINOLE TOWN CENTER
SECTIONS 29 & 32, TOWNSHIP 19 SOUTH, RANGE 30 EAST
SEMINOLE COUNTY, FLORIDA
ilk
Photo Date: 2017
SEMINOLE TOWN CENTER
SECTIONS 29 & 32, TOWNSHIP 19 SOUTH, RANGE 30 EAST
SEMINOLE COUNTY, FLORIDA
Approximate
Project Location
"00,0"
INSET MAP OF WOOD STORK CORE
FORAGING AREAS AND COLONIES
612315 L,0
SE
ad, F)
2
poll Of
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20
M
Project Location
1-11 P kv,
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6cdfaod
"JC,
If NOTE: ENTIRE PROJECT IS:*WITHIN THE EVERGLADES SNAIL KITE
Z
AND FLORIDA SCRUB JAYiCONSULTATION AREAS (USFWS - 2003).
IM Wading Bird Rookeries 1999 (FFWCC & WRI - 2005)
A Manatee Mortality (FFWCC & WRI - 2013)
Eagle Nests (FFWCC & WRI - 2019)
Scrub Jay Sightings (USFWS - 1993)
0 Least Tern (FFWCC - 2014)
1711
Woodstork Colonies active in FL 2009-2018 (NFESO 5/2019)
']Woodstork Core Foraging Area Active 2009-2018 (NFESO 5/2019)
%Scrub Jay Natural Communities (Volusia, 2010)
11111111111111,MEN
Landcover with Florida Scrub Jays (Volusia, 2010)
Scrub Jay Territories (USFWS - 1993)
ii—ff;, Wim.1 M.
"0
SPECIES MAP
SEMINOLE TOWN CENTER
SECTIONS 29 & 32, TOWNSHIP 19 SOUTH, RANGE 30 EAST
SEMINOLE COUNTY, FLORIDA
FIGURE
4
Approximate Site Boundary
SJRWMD Conservation Easement
I 'K
WAI
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SEMINOLE TOWN CENTER
SECTIONS 29 & 32, OOTOWNSHIP 19 SOUTH, RANGE 30 EAST
SEMINLE CUNTN� FLORIDA E
APPENDIX F
Request for Partial Release of Conservation Easement
Seminole Towne Center
Tract 13 Conservation Easement Page 121
Small Scale Future Land Use Amendment
June 22, 2021
March 16, 2021
Nicole Martin
St. Johns River Water Management District
Maitland Service Center
601 South Lake Destiny Road, Suite 200
Maitland, Florida 32751
Proj: Seminole Towne Center - Seminole County, Florida
(BTC File #1250-01)
Re: Partial Release of Conservation Easement Request
Permit No. 4-117-0369
Dear Ms. Martin:
The following is a request for a Partial Release of Conservation Easement of
9.492 acres that are currently under a recorded conservation easement associated
with the previous previously permitted Seminole Towne Center (Permit No. 4-
117-0369). Attached is a copy of the recorded conservation easernent dedicated
to the District and the CE release encompasses the two Proposed Tract 12 areas
that total 9.492 acres (9-105 ac. & 0.387 ac.).
Based on the surrounding land uses and the overall vegetative composition of
the wetland system, the preservation area would be considered very low quality
and provides minimal functional value. The proposed CE release will be offset
by the purchase of Mitigation Batik credits that will provide greater long-term
benefit and ftinction than the current CE area provides.
Please find the attached original recorded CE, the original ERP Permit and TSR
and exhibits detailing the limits of the Partial CE Release Request area.
Orlando Vero Beach Jacksonville Tampa Key West
Should you have any questions or require any additional information, please do not hesitate to
contact our office at (407) 894-5969. 'lliank you.
M=
Daniel Gough
Project Manager
1 z7l�'
John Miklos
President
To/ Marc von Canal,
Environmental Resource Program Manager Item No.-
Through: (Supervising Regulatory Scientist)
From: (Rev[ewer)
Subject: Regulatory Conservation Easement Item for Governing Board
Proposed Folder Name: (Original Project/Project for Which RCE needs release/amendment):
Seminole Towne Center
Nearest Major Intersection: Towne Center Boulevar,L&
Project/Permit Number for which RCE was received: S.eminole Towne Center (4-117-0369)
Total acreage of current recorded RCE requested for rele,3se or amendment: 9.492 ac
Is there an existing management plan for the existing conservation easement?
Yes X No
(if yes, attach replacement parcel management plan, ifapplicable; ifno, provide replacement
management plan only if replacement UMAM scores are dependent upon active perpetual
management)
Are there multiple conservation easements for the original permitted project?
If so, please provide copies of these recorded CEs if located within the permitted project
boundary.
Year RCE was recorded: 1993
Date RCE ___amendnnent,_partial release, or fullrelease request (check one) received:
Reouestor: Serninole Mall Realty Holdi.ng, LLC
Requeytorcontact info (addresd: 1010 Northern Boulevard, Suite 2a.2,,Great Neck, NY
OR Book/Page of Recorded CE to be released/amended (attach copy(ies) of any applicable
Current owner of CE release/a mend ment area: Seminole Mall Reglty.Holding, jr
Current owner of CE replacement area: NZA
or
Mitigation BanNdorROMA inbeused for replacement area (List all that
Is conservation easement mapped in SJRWMD Regulatory Conservation Easements Database?
Yes— No X
Requestor$:
An entity with the power of eminent domain to condemn the conservation easement
,es____ No—
Acting on behalf of an entity with the power of eminent domain to condemn the
o____
ActngonbehaKofanentitvvviththepovveroferninentdomaintocondennnthe
conservation easement
Yes____ No
Replacement of low qualitV mit!ga,tion areas
Release/Amendment Acreage:
Wetlands Uplands
Regional Significance ofCEArea tmbe mended:
The Requestorisproposing release wramendment ofCEover eco|ogica/|vsign�cant
bnds(e.8.nni6Qadonbanks and ROK44s;lands that provide siBni8canthabitat for
aquatic or wetland depenclant listed species; lands located in Aquatic Preserves; or
(ands abutting state park orother conservation lands).
If Yes, please describe significance:
If yes, has Requestorhas provided enAlternatives Analysis? Yes ____ No
Alternatives Analysis demonstrates that all measures tnavoid/minimize the acreage of
the [E request have been explored, and implemented tothe greatest degree
practicable.
Yes_ (Analysis Attached) No
Summary: /nexchange for a[Erelease oramendment, the entity making the request will offer
the District something that would ensure that the Districts release or amendment of the
conservation easement vvnu|d not result in the loss of ecological value in the drainage basin in
which the impacts for which the conservation easement served as mitigation occurred (or in
which adverse impactswere prevented through conveyance of the conservation easement).
Generally,the District will not v/evvfavorably requests to re/ease conservation easements over
'
small parcels of land that have low ecological value for conservation easements over other such
parcels. Where the requestor seeks the release of such parcels, options for participation in the
preservation of ecologically significant lands (e.g. mitigation bank credits, conservation easement
adjacent LoDistrict lands) should beexplored first.
The District will receive equivalent ecological value for both the (1) direct loss and i2\ indirect
loss ofecological d
va|ueassoatedvvhhthene�aseoranlendrnentof� econservation` ' easement.
A requestor may offer mitigation bank credits or ROMA credits such that a loss in ecological value
does not result in the drainage basin. Alternatively, a requestor may provide land or a
conservation easement over other lands that replaces these losses in the drainage basin.
To establish relative ecological values, the District will generally use the Uniform Mitigation
Assessment Method (UK4AK�) to evaluate the ecological value. Chapter 62-345, F.A.C.aUnws - for
the use of the ratio method where the use of mitigation bank that was permitted before the
effective date ofchapter G2-34Sisproposed. Thus, requests proposing release oramendment
of a conservation easement in exchange for credits from a ratio bank may be evaluated using the
ratio method.
The ecokuzoal value accorded at the time of permit issuance to the area preserved by
conservation easement, or the current ecological value of the area preserved by conservation
easement, whichever is greater, will be used in the evaluation of a CE request.
Based onthis, the Ecological Value is:
CERelease Parcel (scores attached)
Replacement Parcel _ _______ (scores attached)
Or if applicable, Nun)berof8ank/ROK4ACredits _______.(written
quote/analysis attached)
Check one box:
Current ecological value higher attime ufPermit Issuance
___Current ecological value equal tovalue ettime nfpermit issuance
Current ecological value lower to value attime ofpermit issuance
if replacement parcel is proposed, is there legal and physical access?
If no, provide explanation why access is not necessary?
When the [Erequest isfor the release oramendment ofaconservation easement that
also served msmitigation forpernoitsissuedbvtheU.S.AmnyCorpoofEngineeounder
section 404 of the Clean Water Act or section 10 of the Rivers and Harbors Act, the
District will provide notice and an opportunity to comment orobject to the release or
amendment to the Jacksonville District, U.S, Army Corps of Engineers. The District will
consider any comments or objections from the U.S. Army Corps of Engineers when
making the final decision to release or amend such a conservation easement.
The CE being considered for release or amendment also served as mitigation for a Corps
Permit. Yes___No
If yes, date notice was sent to the Corps:
Comments received from Corps? Yes No
If yes, comments:
Attachments (as appUoab|e):
(important: All attachments must be named separately and sent as separate files for review)
___Draft Governing Board Memo (District staff will write)
Legal description/survey sketch of the release or partial release area (if proposed)
—The original entire CE documents with all referenced exhibits (sketch and legal)a d (}R Book
and Page
—Written Request from Property Owner (or Entity with Rea/ Property Interest)
—Current ownership documentation for release areas (must match signature ofwritten request,
noencumbrance report needed)
—Electronic Copy (.DWG or Shapefile) of Recorded CE, if not mapped in our database
—Electronic Copy of Partial Release Files from Surveyor (.DWG or Shapefiles)
—Additional Recorded [Gs (including sketch and legal) if located within the permitted project
boundary
__ Alternatives Analysis from requestnr
__ UK8AK4/ratioanalysis for release parcel and replacement parcel or Bank/ROKAACredits /as
applicable)'
—Documentation ofCorps Correspondence
__Surveyor must include a reference in the legal description to the boundaries of the recorded
conservation easement from which the CE is being released or amended. (Consulting survey firm
should provide statement affirming consistency)
—Legal description/survey sketchofrep|aoennentareas
—Title information (ownership and encumbrances) for replacement areas
—Evidence of Legal Access (if necessary)
__ Credit availability letter (provided bvrequestor)from a mitigation bank for the mitigation
credits
___Letter ofverification for use ofthe ROMA (provided bynequeotor)
Lnke fAwy
Sources: Esn, HERE, Garmin, USGS, Internnap, INCREMENT�R NRCan, Esri
Japan, METI, Esh China (Hong Kong)� Esri Korea, Esn (Thailabd), NGCC,,'(t)
OpenStreetWp� 6ontributors, and the
User Community'
Seminole Towne Center Parcel N E— 0.75 ----- I Miles
TOM C81001119 Inc. Seminole County, Florida
i�mir-onmental and Permitting Services w E Pro)ect #:
3025 E. South Street Oriando, FL 32803 Figure 1
Ph: A07-894-5939 Fax: 407-894-5970 Produced B),:JDH
mvx.bro-techconsufting.corn Location Map s Date: 7/31/2020
Seminole Towne Center Parcel N 1,000 ---1 Feet
Tech Consuldlig Inc. Serninole County, Florida
i�nllronrnentaf and Permitting Services w E Project #:
3025 E. South Street Orlando, FL 32803 Figure 3
Ph: 407-894-5989 Fax: 407-894-5970 Produced By: JDH
mm.bio-techconsulting.com USES Topographic Map s Date: 7/31/2020
Seminole Towne Center Parcel N 250 Feet
Tech CONUIlIng IINC. Seminole County, Florida
iEnvironmental and Permitting Services WE Project #:
3025 E. South Street Orlando, FL 328034
Ph: 407-894-5989 Fax: 407-894-5970 Fligure s Produced By: J DH
m,Av.blo-techconsulting.com SSURGO Soils Map Date: 7/31/2020
Seminole Towne Center Parcel N 1 250 Feet
i
.-Tech 00MU111119 111G. Seminole County, Florida iv!ronmental and Permitting Services w E Project #:
3025 E. South Street Orlando, FL 32803 Figure 9
Ph: 407-894-5989 Fax: 407-894-5970 s Produced By: JDH
mvwWo-techconsulting.com FEMA Flood Hazard Zones Date: 7/31/2020
Seminole Towne Center Parcel N 9.5
i
Tech Comuldlig Inc. Seminole County, Horida -- Miles
Environmental and Permitting Services W E Project #:
3025 E. South Street Orlando, FL 32803
Ph: 407-894-5969 Fax: 407-894-5970 Figure 10 Produced By: J DH
VNAVWID-techconsulting,com SJRWMD Mitigation Basins s Date: 7/31/2020
I i/, Seminole Towne Center Parcel N 250 Feet
Big -Tech COVISUffing 111C. Seminole County, Florida
Environmental and Permitting Services W E Pro)ect #:
3025 E. South Street Orla Ido FL 32803 Figure 11
Ph: 407-894-5989 Fax: 4)7-094-5970 Produced By:JDH
mm.blo-techconsufting. con - USFWS Consultation Areas s Date: 7/31/2020
Seminole Towne Center Parcel
NMiles
�RIG.I'ech Consulting Inc. Seminole County, Florida
Environmental and Permitting Services 41 E Project #:
3025 E. South Street Orlando, FL 32603 Figure 12
Ph: 407-894-5989 Fax: 407-894-5970 Produced By: J DH
vmy.bio-techconsulting.corn Wildlife Proximq s Date: 7/31/2020
ri
Planned Development Amendment
Citizen Awareness &Participation Plan Report
Sanford, Florida
14 January 2021
Planned Development Amendment
Citizen Awareness &Participation Plan Report
Sanford, Florida
14 January 2021
Seminole Towne Center
Planned Development Amendment
Citizen Awareness &Participation Plan Report
(CAPP)
I. Overview
A virtual neighborhood meeting for Seminole Towne Center took place on Wednesday,
January 6, 2021 via Zoom. A copy of the Zoom presentation is attached (Appendix A).
The meeting was required as part of the (CAPP) protocols submitted in conjunction with
the forthcoming Planned Development Amendment application. The subject site is
located at 220 Towne Center Circle, Sanford Florida. The Seminole County Property
Appraiser parcel identification number associated with the subject property is generally
29-19-30-5LW-0100-0000.
II. List of affected parties (with addresses) that were notified of proposed project and
invited to the Neighborhood Meeting.
Refer to Appendix B, C & D.
111. Number of Neighborhood Meeting Notices distributed.
Forty six (46) total, including notices mailed to property owners within a 750 feet radius
of the Seminole Towne Center; notices mailed to other potentially impacted parties; and
notices mailed to news agencies.
IV. A copy of the Neighborhood Meeting Notice.
Refer to Appendix E.
V. Neighborhood Meeting Notice distribution date and method(s).
The notices were mailed on December 28, 2020.
VI. Advertisement in local papers.
Legal notices were published in the January 3, 2021 edition of the Orlando Sentinel and
the December 30, 2020 edition of the Sanford Herald. Refer to Appendix F and G for
proof of advertisement.
Seminole Towne Center
Citizen Awareness & Participation Plan Report
CPH Job #S34701
Page 1 of 3
VII. The date and location of the Neighborhood Meeting.
January 6, 2021
Via Zoom
5:30 PM -6:30 PM
VIII. The number of people that participated in the Neighborhood Meeting.
Twenty-six (26) people participated in the Neighborhood meeting.
IX. Name and contact information of meeting participants.
Refer to Appendix G for name and contact information.
X. A record of all phone calls and e-mails received, with a description of concerns,
issues and/or problems discussed, and contact information of caller. A description
of how each concern, issue and/or problem has been addressed.
1. Email from William Wills (01/13/2021) requesting a recording of the meeting.
CPH responded that the meeting was not recorded.c0111)
2. Email and phone call from Ameer Robinson requesting a copy of the PowerPoint
presentation. ( Ag
1eer.robinsonCc LL c (.) i il
3. Received call from Wafa Esposito expressing favorable comments on the
proposed PD amendment. (Wafa espy sito@comcast.net ��cast.Liet
._pjto� _,— — —
XT. A summary of concerns, issues and/or problems expressed at the Neighborhood
Meeting. A description of how each concern, issue and/or problem has been
addressed.
A. A Seminole County resident who identified herself as Wafa wanted to ensure that
retail was being included as a part of mixed use in the project.
0 Javier Omana addressed the attendee's concerns by explaining that retail
would indeed be included in the project as a part of the vertical mixed use
development.
B. Steve Strang a Seminole County resident and property owner stated that the plan
looked good, he was glad that we were being proactive and that the different uses
don't matter to "us."
Seminole Towne Center
Citizen Awareness & Participation Plan Report
CPH Job #534701
Page 2 of 3
C. A Central Florida Transportation Authority (LYNX) employee by the name of Jeff
Reine was concerned about an existing Lynx bus connection/stop and wanted to know
whether or not it would remain.
® Javier Omana addressed the attendee's concern by explaining that there is no
intention to remove the bus connection.
D. Jeff Reine is also a Seminole County resident and he voiced his concern as a resident
about a wetland near the site and questioned whether it would become part of stone
water plan or if it would be developed.
• Javier addressed the attendee's concerns by informing him that an
environmental study has been conducted on the wetland. The wetland is
stressed. The action to be taken in regards to the wetland is yet to be
determined.
E. Seminole County resident Ameer Robinson wanted to know about the owner of the
development, their past and other ongoing projects, the timeline of the Seminole
Towne Center Mall project and questioned whether or not existing tenant of the mall
would have first right of refusal over incoming tenants.
• Javier Omana addressed the attendee's concerns about the owner and their
past and ongoing project and also explained the timeline of the project.
• The applicant's attorney Julie Kendig Schrader addressed Mr. Robinson's
question regarding existing mall tenant/ first right of refusal. She explained
that the applicant has been communicating with other property owners and
tenants to obtain their input. She does not know if applicant is offering tenants
first right of refusal.
F. Kimberly King, an attorney representing Dillard's, inquired about whether or not a
parking study had been conducted and if it was available.
Mr. Omana explained that a parking study has not yet been conducted due to the fact
that final uses have not been determined.
XIL A description of concerns, issues and/or problems that the Applicant is either
unwilling or unable to address.
None
Seminole Towne Center
Citizen Awareness & Participation Plan Report
CPH Job #534701
Page 3 of 3
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Additional Mailing List for Seminole Towne Center Virtual Neighborhood Meeting Notice:
City of Sanford, Economic Development Department
300 N. Park Ave.
Sanford, FL 32771
Sanford Historical Society, Inc.
PO Box 168
Sanford, FL 32772-0168
Sanford Historical Preservation Board
300 N. Park Ave.
Sanford FL 32771
Greater Sanford Regional Chamber of Commerce
230 E. First Street
Sanford, FL 32771
City of Sanford, Department of Planning and Development Services
300 N. Park Ave.
Sanford, FL 32771
Seminole County Planning & Development Department
1101 East First Street
Sanford, FL 32771
WESH TV Channel 2
1021 N. Wyniore Road
Winter Park, FL 32789
WKMG Channel 6
4466 N. John Young Parkway
Orlando, FL 32804
WFTV Channel 9
490 E. South St.
Orlando, FL 32801
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PS Form 9811, July 2015 PSN 7834 -02 -mo -9035 port do P,otwn Rwalpt
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5cminole Towne Center
5aWond, floAda
Planned Development Amendment
Dear Property Owner / Interested Party:
On behalf of Seminole Mall Realty Holding, LLC, CPH, Inc. (CPH) would like to invite you to a virtual
Neighborhood Meeting to discuss a Planned Development Amendment application to be filed with the City of
Sanford for the Seminole Towne Center Development (PD). The virtual meeting will be held at the following date
and time:
Date: January 6, 2021
Time: 5:30 p.m. to 7:00 p.m.
The subject site consists of 213.09 acres generally located at 200 Towne Center Circle, Sanford, Florida. The
Seminole County Property Appraiser parcel identification number associated with the subject project is generally
29-19-30-SLW-0100-0000.
The Seminole Towne Center Planned Development was originally approved on April 9, 1990 as a Development of
Regional Impact (DRI) and concurrent Planned Development (PD). Approved uses include 1,415,000 SF
commercial; 400,000 SF office; 60,000 SF officelshowroom; and 400 hotel rooms.
The proposed Amendment will at a minimum:
A) Introduce new uses;
B) Introduce a land use trip matrix;
C) Allow for redevelopment of certain parcels and/or portions of the existing Towne Center structure
(Mall); and
D) Propose new parking, setbacks and other design standards
Instructions for Zoom Meeting:
htip
1L.//( 1VBWXJ13VzNNdflE
_LiIEMP,114 TO2
Meeting ID #: 92242708574
Passcode-, 237993
CPH and the owner, Seminole Mall Realty Holding, LLC, would like to address any comments and concerns you
may have regarding this proposal. A representative from the City of Sanford has also been invited to attend this
meeting.
Please call me at (407) 425-0452 before the meeting if you have any questions regarding the proposed development.
We value your input and look forward to meeting you.
P rely,
avierE. Omana, CNU-a
Director of Land Planning Services
/-%HpVl IUIA I
Odando &ntinel
Published Daily
ORANGE County, Florida
Sold To:
CPH Inc - CUOO 103273
500 W Fulton St
Sanford,FL 32771-1220
Bill To:
CPH Inc - CUOO 103273
500 W Fulton St
Sanford,FL 32771-1220
State Of Illinois
County Of Cook
Before the undersigned authority personally
appeared
Jeremy Gates, who on oath says that he or
she is an Advertising Representative of the
ORLANDO SENTINEL, a DAILY
newspaper published at the ORLANDO
SENTINEL in ORANGE County, Florida;
that the attached copy of advertisement,
being a Legal Notice in the matter of 11200-
Misc. Legal, January 6, 2021 5:30pin to 7pm
was published in said newspaper in the issues
of Jan 03, 2021.
Affiant further says that the said ORLANDO
SENTINEL is a newspaper Published in said
ORANGE County, Florida, and that the said
newspaper has heretofore been continuously
published in said ORANGE County, Florida,
each day and has been entered as periodicals
matter at the post office in ORANGE County
Jeremy Gates
Signature of Affiant Name of Affiant
Sworn to and subscribed before me on this 7 day of January, 2021,
by above Affiant, who is personally known to me (X) or who has produced identification
Signature of Notary Public
58FENDAN KOLASA
Or"rICIAL SEAL
— Fo- November 23. 2024
Name of Notary, Typed, Printed, or Stamped
6847008
Orlando Sentinel
SEMI MOLE TOWNE CENTER
Planned Development Pdoendment
Vhtual Neighborhood Meeting Notice
CPH, Inc. cordially invites you to
a virtual Neighborhood PAeeting
to discuss a Planned Development
At"nencirrient application to be filed
with the City of Sanford for the
Seminole Tovrne Center Planned
Development (PD). The virtual
meeting will be held at the following
date and time:
Date: January 6, 2021
Time: 5-30 PAA to 7:00 PAA
The subject site consists of 213.09+
acres generally located at 200 Towne
Center Circle, Sanford, Florida. The
Seminole County Properly Appraiser
parcel identification number
associated with the subject project
is generally 29-19-30-512VV-0100-0000.
Questions and instructions to access
the virtual meeting can be answered/
obtained by calling Javier Omana at
(407)425-0452.
SEiiAUA7009 1.1-2020
6847008
Sanford Herald
Published Twice Weekly
Sanford, Seminole County, FL
Before the undersigned authority personally appeared Scott Gabbey,
who on oath says that he is the legal advertising specialist for Sanford
Herald, a twice weekly newspaper published by Sanford Herald, LLC
at Sanford, in Seminole County, Florida, that the attached copy of the
advertisement,
being a
�4?
in the matter of
0 Z.'( Av"Alr' /12altlat"400,
17—
in the Court,
was published in said newspaper in the issues of
Affiant further says that said Sanford Herald is a newspaper published
by Sanford Herald, LLC at Sanford, in said Seminole County, Florida,
and that the' said newspaper has heretofore been continuously
published in said Seminole County, Florida, twice weekly and has
been entered as periodicals matter at the post office in Sanford, in said
Seminole County, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement; and affiant
further says that he or she has neither paid nor promised any person,
firm or corporation any discount, rebate, commission or refund for the
purpose of securing' this advertisement, for publication in the said
newspaper.
(Signature of Affiant)
Sworn
fflai7t)Sworn to and subscribed before me this
day of .'20 e
C -1Z
(Sijiiatdle of W6tary Public)
Personally Known or Produced Identification
Notary Public State of Fivida
Thomas E Vincent
My Commission GG 309635
Expires 06112/2023
Appendix G
Urnincle Towne Center
Planned Development
Amendment
IfirtualNeIghbOthood
Afeeting Notice
CPK Inc. cordially Invites you to
a virtual Neighborhood Meeting
to discuss a Planned
Development Amendment appli-
cation to be filed with the City of
Sanford for the Seminole Towne
Center Planned Development
(PD)- The virtual meeting will be
held at the following date and
time:
Date: January 6, 2021
Time: 5:3o PM to 7:00 PM
The subject site consists of
213.09+ acres generally located
at 20o Towne Center Circle,
Sanford, Florida. The Seminole
County Property Appraiser par-
cel identification number associ-
ated with the subject project is
generally 29.19-30-5LW_0100-
0000• Questions and instruc-
tions to access the virtual meet-
ing can be answeredlobtained
by calling Javier Omana at
(407)425-0452.
Publish: December 30, 2020
Ll 69
Name
Association
Contact Info
AnneerRobinson
Seminole County Resident
Art Woodruff
Mayor, City ofSanford
Brooks
Cheryl Friedlander
Attorney, ReznickLaw
ChrisRedrnon
Daryl
FeiixReznick
Client
Frank|rnbruQ{ia
[PH
Ho|derL
ianSchneider
]avierOmana
CPH
|phone
]effReina
Central Florida Regional (Lynx)
]esseSuda
CPH
Julie Kendi8Schrader
Applicant Attorney
Kendall
Kimberly King
Rea|Estate/Di||ard`s
Michelle Tanner
CPH
or
K4ikaye|aSo|onnuns
CPH
^c o[�
Norton Bonaparte
Partrick5tory
Peter John 5utch
[pH
Robert
Soo11Sadove
Sheeno8rittons
Seminole County Resident
Stephen Strang
Seminole County Resident
se live.corn
VVafaEsposito
Seminole County Resident
yya _EsQo s
Note: Attendees were registered
0a,
WS RM X
Item No.r7- F
CITY COMMISSION MEMORANDUM 22-011
JANUARY 10, 2022 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP —Planning Director
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager
SUBJECT: Comprehensive Plan Amendment; 9.10 Acres (Of 13.50 Acres); 595 Town
Center Boulevard; From RP, Resource Protection, to HI, High Intensity 1-4
STRATEGIC PRIORITIES:
F-1 Unify Downtown & the Waterfront
* Promote the City's Distinct Culture
* Update Regulatory Framework
F-1 Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
An application to amend the City's Comprehensive Plan by changing the future land use
designation of 9.10 acres (portion of a parcel, which total 13.50 acres) from RP, Resource
Protection, to HI, High Intensity 1-4 with a project address of 595 Town Center Boulevard has
been received.
The property owner is Seminole Mall Realty Holdings, LLC whose sole manager is Mehran
Kohansieh. The applicant is Javier Omana of CPH, Inc. who was responsible for conducting a
Citizen's Awareness Participation Plan (CAPP) meeting notification letter to neighboring property
owners.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser records, the subject property is a vacant commercial parcel.
Based on the 2020 property tax roll, the subject property has a total assessed value of $3,684,744.
The total tax bill in 2020 was $67,662.22.
If the land use amendment is approved and subsequently developed, the property will be assessed
the City's millage rate for commercial/multi-family uses and generate ad valorem and utility
revenues for the City accordingly.
No additional staffing is anticipated if the Future Land use amendment is approved.
BACKGROUND:
The subject property is a portion of a site totaling 13.5 acres in size with a split future land use
designation assignment, including 9.10 acres of RP, Resource Protection and 4.4 acres of HI, High
Intensity 1-4. The applicant has submitted a request to amend the future land use designation of
the 9.10 acres from RP to HI. The subject property is zoned PD, Planned Development, and is part
Pagel of
of the larger Town Center Mall PD. The subject property is located on the east side of Town Center
Boulevard, north of WP Ball Boulevard and South of St Johns Parkway.
The applicant mailed out a Modified CAPP letter (COVID- 19) to residences in a 500 foot radius
The applicant received one letter from an individual. A summary of the CAPP has been provided
and is attached.
The subject property is located within Sub -Area 8 of the Seminole County/City of Sanford Joint
Planning Agreement. This area should be reserved for target industry and SunRail supporting
development as there is limited vacant acreage available on which target industry will site. Single -
Family and low density residential developments are not compatible within this area. Per Exhibit
B of the 2015 Seminole County/City of Sanford Joint Planning Agreement, the High Intensity I-
4 (City of Sanford Land Use Designation) is required. An excerpt for Sub -Area 8 is below.
East of 1-4 The City has amended its Comprehensive Plan to require PD zoning in
this area. All lands in this area annexed by the City subsequent to the
JPA have received land use designations of Westside Industry
Commerce, one of the City's equivalent designations to HIP -TI. City
and County Comprehensive Plan policies for this area are very similar.
The City's densities and floor areas are slightly less intense than the
County's. The County and the City established gateway corridor
standards for SR 46 to ensure compatible and aesthetically pleasing
development in the area. This area is developing rapidly, consistent
with both the City and the County's Comprehensive Plan policies and
corridor standards. The County and City, working together, have been
successful in minimizing urban sprawl, providing affordable housing
opportunities and targeting industrial and commercial growth in this
area. Both the County and the City will continue to ensure that the area
is developed consistent with their mutually agreed upon standards and
policies. This area should be reserved for target industry and SunRail
supporting development as there is limited vacant acreage available on
which target industry will site. Single-family and low or medium
density residential developments are not compatible within this area.
Future Land Use
Objective FLU 1.1: Implement the Future Land Use Map Series. The maximum density and
Floor Area Ratio for the HI, High Intensity Center future land use is as follows:
Land Use Designations
Mat) Symbol
Density/Intensity Max
50 dulacre (MF) Residential
0% / 40% threshold
High Intensity Center
111
1.0 FAR for Commercial
50% 185% threshold
0.50 FAR for Industrial
0% / 10% threshold
OBJECTIVE FLU LI 0: Utilize 1-4 High Intensity Center (HI).
As outlined in the City's Comprehensive Plan, the HI is intended to promote and regulate anticipated
development within the vicinity of the I-4/State Road 46 Interchange. The 1-4 High Intensity land uses
shall include commerce, industry, and high density residential development. All new development
Page 2 of 3
within the 1-4 High Intensity Area must conform to the following performance criteria established
under Policy FLU 1.1.7, as well as those criteria listed below:
• Accommodate and encourage use of multi -modal transportation systems;;
• Incorporate access controls as may be deemed necessary including dedication of cross
• Easements and joint uses of driveway and off-street parking areas;
• Employ buffer yards, internal and perimeter landscape amenities, as well as landscape
and design techniques for ensuring land use compatibility within a dynamic mixed use
setting;
• Achieve a high standard of urban design amenities, including pedestrian walkways
which link activity centers with parking areas, transit stops, urban plazas, and other
open spaces and amenities intended to reinforce appropriate design themes;
• Incorporate a planning and management framework and regulating concepts
necessary to regulate development within the "1-4 High Intensity Mixed Use
Development," a strategically located center for Regional commerce and industry.
This shall be implemented through the Planned Development zoning process.
LEGAL REVIEW:
This matter is not a quasi-judicial matter as amendments to local government comprehensive plans
are legislative in nature. That being said, if a proposal to amend the City's Comprehensive Plan is
to be recommended for denial, it would be appropriate to state the particular reason for such a
recommendation to be considered by the City Commission - such as the proposal is internally
inconsistent with a goal, objective or policy of the Comprehensive Plan or inconsistent with
controlling State law or the like. When lands are subject to the provisions of the City/County JPA;
the City is bound to adhere to the provisions of the JPA. Also, Section 171.062, Florida Statutes,
pertaining to the effects of annexations or contractions, anticipates that cities will expeditiously
incorporate annexed properties into their comprehensive plans and land development regulations
upon being located within the city limits of the annexing municipality.
The City Commission approved the first reading of Ordinance No. 4654 on December 13, 2021.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on December 29,
2021.
RECOMMENDATION:
It is staff's recommendation the City Commission adopt Ordinance No. 4654.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4654."
Attachments: (1). Project Information Sheet.
(2). Site Aerial Map.
(3). Future Land Use Map Amendment.
(4). Justification Statement.
(5). CAPP Summary.
(6). Ordinance No. 4654
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