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HomeMy WebLinkAbout2008 07 28 Regular 604 Enforcement Efforts of Residential Compatability and Harmony RegulationsCITY COMMISSION ITEM 604 July 28, 2008 Regular Meeting Consent Information Public Hearin Re ular X ~~i / ~, Mgr./Dept. REQUEST: The Community Development Department -Customer Service Division wishes to provide the City Commission with information on the enforcement efforts of the Residential Compatibility and Harmony Regulations over the last twelve months. PURPOSE: To provide a status report on staff's efforts to enforce the Residential Compatibility and Harmony Regulations over the past year in sufficient detail to allow the Commission to discuss the effectiveness of the ordinance and whether the ordinance should remain the same or be modified or repealed. APPLICABLE LAW AND PUBLIC POLICY: City Code Section 9-607 Ordinance 2006-08 Ordinance 2006-22 Ordinance 2007-19 Ordinance 2007-21 BACKGROUND: Emergency Ordinance 2006-08 was enacted on May 22, 2006 to address the need to protect and preserve the residential character of neighborhoods where private restrictions have expired. The Sunset Provision of this ordinance was extended on two separate occasions (Ordinance 2006-22 and Ordinance 2007-19) for a total of nine (9) months. Ordinance 2007-21 became effective July 9, 2007. This ordinance expanded the City's minimum Community Appearance and Aesthetic Review standards, on a limited basis, to include single-family residences. Many permits, including fence and shed permits, were previously issues on anover-the-counter basis. The new review regulations have significantly impacted the time necessary to issue these type permits. Fence, shed, residential additions, and single family residences are the permits most affected by the additional review standards. Permit review now includes a thorough review of aerial photos of the property and surrounding area. While staff attempts to determine compatibility with existing structures on site as well as in the neighborhood by examining the aerial photographs, many times a field visit in necessary to determine whether or not the proposed construction is compatible with the existing structures on-site and the surrounding neighborhood. Over 400 photographs have been taken in the field since the compatibility standards went into effect. Staff conservativelyestfmates that they have driven over 1,000 miles enforcing these regulations. Since May of 2006, the Customer Service Division has processed the following permits that have required review pursuant to the provisions of the Residential Compatibility and Harmony Regulations: July 28, 2008 Commission Regular Agenda Item 604 Permit T e uanti Fences 308 Screen Enclosures 206 Sheds 36 Sin le Famil Houses 14 Single Family/Additions 196 Other 275 Total 1,035 Staff has spent approximately 2,070 hours *(approximately 2 hours per permit) enforcing the Residential Compatibility and Harmony Regulations since May 22, 2006. These hours represent time over and above the time required to issue these permits before the Residential Compatibility and Harmony Regulations went into effect. In addition, these additional hours were worked by existing staff. No additional staff was added to perform the work load of another full time staff member. Since staffhas been enforcing these regulations, there have been numerous complaints about the amount oftime required to review the permit applications for permits that had previously been issued over-the-counter. Many time fences or sheds, for example, are scheduled by the applicants as weekend projects. Unless staffcan make a very quick determination on these permits; often brought in Friday afternoon, the applicant's schedule is affected and the propensity for un-permitted work has risen. STAFF RECOMMENDATION: Staff recommends the City Commission consider the information provided herein and determine whether the provisions of ordinance 2007-21 should remain the same, be modified, or repealed. ATTACHMENTS: Attachment A - Ordinance 2006-08 Attachment B - Ordinance 2006-22 Attachment C - Ordinance 2007-19 Attachment D -Ordinance 2007-21 CITY COMMISSION ACTION: -z- ATTACHMENT A ORDINANCE NO. 2006-08 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; PRESERVING AND PROTECTING EXISTING RESIDENTIAL PROPERTIES FROM ADDITIONS, MODIFICATIONS, AND EXPANSIONS OF STRUCTURES AND BUILDINGS THAT ARE INCOMPATIBLE AND NOT IN HARMONY WITH EXISTING BUILDINGS AND STRUCTURES AND THE SURROUNDING NEIGHBORHOOD; PROVIDING THAT THIS ORDINANCE SHALL TAKE PRECEDENCE OVER PRIOR CONFLICTING ORDINANCES DURING THE TERM OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE, AND A SIX (6) MONTH SUNSET PROVISION. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 166.041(3)(b), Florida Statutes authorizes the City Commission to adopt emergency ordinances by two-thirds vote; and WHEREAS, the maintenance of the character of residential neighborhoods is a proper purpose of zoning. See Village of Euclid v. Ambler Co., 272 US. 365 (1926); Miller v. Board of Public Works, 234 P. 381 (Cal. 1925); and WHEREAS, through the yeazs, numerous deed restricted residential communities have been permitted and developed within the City of Winter Springs; and WHEREAS, it is appazent from reading the various deed restrictions recorded in the public records of Seminole County, Florida that the deed restrictions were intended, in part, to protect the chazacter of the residential communities by prohibiting uses and structures that aze incompatible with residential azeas; and WHEREAS, over the yeazs, the City has relied on these private deed restrictions to provide homeowners with regulatory protection that preserves the chazacter and harmony of residential areas; and City of Winter Springs Ordinance No. 2006-08 Page 1 WHEREAS, because of this reliance, the City has not historically had reason to impose numerous other legislative land use restrictions on existing residential communities within the City, especially in older existing subdivisions that aze designated Planned Unit Development like Tuscawilla and Oak Forest; and WHEREAS, in particular and by way of example of this reliance, the City Commission has previously exempted existing single family residences from the Minimum Community and Aesthetic Review Standazds set forth in sections 9-600 et. seq., Winter Springs Code because of the existence of the private deed restrictions; and WHEREAS, it has come to the attention of the City Commission that some of the older deed restricted residential communities, including Unit 4 of Tuscawilla, have inadvertently allowed their deed restrictions to expire under the Florida Market Record Title Act; and WHEREAS, the expiration of the private restrictions have left some residential communities without any significant regulatory mechanism to protect and preserve the residential character of such communities, especially with respect to additions, modifications, and expansions of existing single family residences; and WHEREAS, as a result, the expired private restrictions have potentially exposed some residential communities to buildings and structures that aze incompatible to existing single family neighborhoods and such incompatible buildings and structures may have an adverse impact on the quality of residential azeas and upon property values; and WHEREAS, on April 10, 2006, having considered the possible wide ranging negative impact of the expired private deed restrictions on the residential character of some azeas within the City of Winter Springs, the City Commission directed the City Attorney and City Staff to draft an ordinance which will establish a comprehensive regulatory scheme that will require all additions, modifications, and expansions of structures within residential azeas to be aesthetically compatible and in harmony with the surrounding neighborhood and with the residential chazacter thereof; and WHEREAS, the new ordinance will also likely preclude garages that aze not constructed in a manner that is compatible with typical residential construction techniques including, but not limited to, size, materials, and height; and WHEREAS, the prepazation and drafting of the new regulatory scheme requested by the City Commission will take additional time and public hearings before adoption; and WHEREAS, in the interim, the City Commission hereby deems that the expiration of some of the private deed restrictions poses a serious risk to the residential chazacter of the community and City of Winter Springs Ordinance No. 2006-08 Page 2 therefore, the expiration of said deed restrictions poses an emergency situation requiring immediate action by the City Commission to safeguard residential communities; and WHEREAS, the City Commission hereby finds that the preservation of residential communities serves a substantial governmental interest; and WHEREAS, rather than imposing a moratorium on additions, modifications, and expansions of structures within residential azeas, the City Commission hereby finds that interim regulations must be enacted by the City Commission until such time that a comprehensive regulatory scheme can be completed to protect the residential communities within the City of Winter Springs; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfaze of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals aze hereby incorporated herein by this reference. Section 2. Interim Residential Compatibility and Harmony Regulations. (A) It is the intent of these interim regulations to promote and protect existing residential developments by prohibiting additions, modifications, and expansions of structures and buildings that aze incompatible and not in harmony with the subject property and with the surrounding neighborhood. These regulations shall apply to existing residential land uses and residential principal and accessory buildings and structures located thereon or infill residential development projects on vacant lots within established residential developments. (B) Before any building permit is issued for the addition, modification, and expansion of any building or structure on a residential lot, the city manager or his designee shall consider and review the plans and specifications to determine whether or not the proposed addition, modification, and expansion is compatible and in harmony with existing buildings and structures on the subject property and with the surrounding neighborhood. Compatibility and harmony shall be determined based on reviewing the setting, landscaping, proportions, materials, colors, texture, scale, unity, balance, rhythm, contrast, and simplicity of the proposed addition, modification, and expansion. Nothing herein shall be construed to prohibit a proposed addition, modification, and expansion that significantly enhances the established residential chazacter of other buildings and structures on the subject property and within the surrounding neighborhood in accordance with the review criteria City of Winter Springs Ordinance No. 2006-08 Page 3 stated above and commonly accepted architectural principles of the local community. (C) If the city manager or his designee determines that the addition, modification, and expansion is not compatible and in harmony, the building permit application shall be denied on that basis. The applicant shall have the right to appeal the denial to the city commission. Said appeal shall be filed with the city manager in writing within five (5) calendaz days of the denial. Upon review of the appeal, the city commission shall render a final decision on the issue of residential compatibility and harmony. All decisions of the city commission shall be considered final and shall be subject to appeal to a court of competent jurisdiction pursuant to law. (D) These regulations aze supplemental and in addition to all other applicable provisions of the City Code. To the extent that these regulations conflict with any other provision of the City Code, these regulations shall prevail and apply. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. Section 5. Sunset Provision. This Ordinance shall sunset six (6) months after the effective date unless sooner repealed by the city commission by ordinance. Upon sunset, this Ordinance shall be automatically repealed and shall no longer be in effect. {Adoption Page Follows} City of Winter Springs Ordinance No. 2006-08 Page 4 ADOPTED by the City Commission of the City of Winter Springs. Florida, in a regular meeting assembled on the 22nd day of May , 2006. C~ J JO F. BUSH, Ma, or ATTEST: DACES, City Clerk Approved as to legal form and sufficiency for the Ci 'nter Springs only: AN ONY A. GARGANESE, City Attorney Effective Date: See section 4. City of Winter Springs Ordinance No. 2006-08 Page S ATTACHMENT B ORDINANCE NO. 2006-22 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA EXTENDING THE SUNSET PROVISION SET FORTH IN ORDINANCE 2006-08 FOR AN ADDITIONAL SIX (6) MONTHS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission previously adopted Emergency Ordinance 2006-08 which is due to expire before the next regular scheduled meeting; and WHEREAS, the City Commission desires to extend the sunset provision set forth in Ordinance 2006-08; and WHEREAS, the City Commission of Winter Springs also finds that this Ordinance is in the best interests of the public health, safety, and welfaze of the citizens of Winter Springs. NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Extension of Sunset Provision. The sunset provision set forth in Section 5 of Ordinance 2006-08 is hereby extended an additional six (6) months. Section 2. Not Incorporated Into Code. This Ordinance shall not be incorporated into the Winter Springs City Code. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a sepazate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. Effective Date; Termination. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs and as provided by City Charter. [Adoption Page Follows] City of Winter Springs Ordinance 2006-22 Page 1 of 2 ADOPTED by the City Commission of the City of Winter Springs, Florida, this 13th day of November, 2006. Jon .Bush, Mayor ATTEST: uaces, City Clerk Approved as to legal form and sufficiency for the Ci inter Springs only: ONY A. GARGANESE, City Attorney City of Winter Springs Ordinance 2006-22 Page 2 of 2 ATTACHMENT C ORDINANCE NO. 2007-19 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA EXTENDING THE SUNSET PROVISION SET FORTH IN ORDINANCE 2006-08, AS AMENDED BY ORDINANCE 2006-22, FOR AN ADDITIONAL THREE (3) MONTHS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission previously adopted Emergency Ordinance 2006-08, as amended by Ordinance 2006-22, which is due to expire before the City Commission can consider more permanent regulations; and WHEREAS, the City Commission desires to extend the sunset provision set forth in Ordinance 2006-08, as amended by Ordinance 2006-22; and WHEREAS, the City Commission of Winter Springs also finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Extension of Sunset Provision. The sunset provision set forth in Section 5 of Ordinance 2006-08, as amended by Ordinance 2006-22, is hereby extended an additional three (3) months. Section 2. Not Incorporated Into Code. This Ordinance shall not be incorporated into the Winter Springs City Code. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. Effective Date; Termination. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs and as provided by City Charter. [Adoption Page Follows] City of Winter Springs Ordinance 2007-19 Page 1 of 2 ADOPTED by the City Commission of the City of Winter Springs, Florida, this 23rd day of April, 2007. T. /oy`~''~~ Jo F. Bush, N3ayor ATTEST: An •. a Lorenzo-Luaces, City Clerk Approved to legal form and sufficiency for the Cit f inter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Ordinance 2007-19 Page 2 of 2 v~-ianao Sentinel Published Daily state of ,~'CoriDa s.s. COUNTY OF ORANGE RECE~V~~ MAY ~~~ CIT FMM^ slNp~pi~~NCiB Before the undersigned authority personally appeared Rac~ha _1 WaShi nrtrm. who on oath says It he/she is the Legal Al rtisin i~ep~sr tatNs of Orlando Sentinel, a daily wspaper published at P?n5 in in the matter of Affiant further says that the said Orlando Sentinel is a newspaper published at in said County. Florida, and that the ~aidne s aper has heretofore been continuously published in said Seminole OzPari a County, Florida, each Week Day and has been entered as second-class mail matter at the post office in AltyaQtr~nte Spruigs in said County, Florida, for a perio 0 one ear next preceding the first publication of the attached copy of advertisement; and affrant further says that he/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. tea/ _ The foregoing instrument was acknowleTd"gea befor e t 'S` y day of May , 20 07 , by Rachael s ~n , who is personally known to me and w~lid take oft . (SEAL) .. .. .... i ~ r ._ -~--~r Dart war ASb'leSSMBNT aRSA WINIXR tiPR11V[ili, FLURIUA NDTICE OF NEARING TO INCREASE CAMTAI AND MANITENANCE ASSESSMENTS in the $f+r+i nnl P /(~r~e ~ Court, was published in said newspaper in the issue; of ~ ~ ~' ~"T' ' ~' ~' vrlanao Sentinel Published Daily state of ,~'tori~a s s RECEIVED MAY 1 1 ?007 COUNTY OF ORANGE ~ ~ O1T F ;~~'^"E~ ~'RtNOs oeo......_~ Before the undersigned authority personally appeared Rar_haPl W ~h; n Tt-rm who on oath says that he/she is the Le al A dv ~i~sm~a e r entative of Orlando Sentinel, a dail newspaper published at A~t~itnri~ ~Pruigs in that the attached copy of advertisement, being a ~ .. ~ ~~°~'~-~ hl b'J 1 !_, f._. A ~,. ~i ::; R.:. ;;,rat °' in the matter of XJ~7bK5il~7CX T-~GC-~„n 11 a ~~?Ggtp~t- Area In the Semi nnle/Qr~ngp t ,~ , ~ Court, was published in said newspaper m the issue; of '-%`-~ ~ ~ ~~~~~~ ' <' ~' Affiant further says that the said Orlando Sentinel is a newspaper published at in said County. Florida, and th the.said n8 s a er has heretofore been continuously published in said ie/~rdpn~e County, Florida, each Weel~~y~ann~iaes ~pr~en~tsred as second-class mail matter at the post office in in said for a period of one- year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose curing this advertisement for publication in the said newspaper. The foregoing instrument was acknowle ged befor e t ' 9 day of i!4ay , 20 07 , by el n _ , who is personally known to me an did to ~, an oat ,~ wU.r (SEAL) ...~~ .......w t. "z~ :x .._... TUSCAWU.LA ASS£SSURnrr ~uv. ~~ ~~ ~Wt.V'1'F:R SPRINNGS. FIARIDA T0~ M~AI~M MTENANCE AStE i ~ t~ANO N ATTACHMEl~T D ORDINANCE N0.2007-21 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING MINIMUM COMMUNITY APPEARANCE AND AESTHETIC REVIEW STANDARDS FOR INDIVIDUAL SINGLE FAMILY RESIDENCES; ADOPTING A NEW SECTION 9-607 OF THE CITY CODE; ADOPTING CONFORMING AND RELATED AMENDMENTS TO THE CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the maintenance of the chazacter of residential neighborhoods is a proper purpose of zoning. See Village of Euclid v. Ambler Co., 272 U.S. 365 (1926); Miller v. Board of Public Works, 234 P. 381 (Cal. 1925); and WHEREAS, through the years, numerous deed restricted residential communities have been permitted and developed within the City of Winter Springs; and WHEREAS, it is apparent from reading the various deed restrictions recorded in the public records of Seminole County, Florida that the deed restrictions were intended, in part, to protect the character of the residential communities by prohibiting uses and structures that are incompatible with residential areas; and WHEREAS, over the yeazs, the City has relied on these private deed restrictions to provide homeowners with regulatory protection that preserves the chazacter and harmony of residential azeas; and WHEREAS, because of this reliance, the City has not historically had reason to impose numerous other legislative land use restrictions on existing residential communities within the City, especially in older existing subdivisions that aze designated Planned Unit Development like Tuscawilla and Oak Forest; and WHEREAS, in particular and by way of example of this reliance, the City Commission has previously exempted existing single family residences from the Minimum Community and Aesthetic Review Standards set forth in sections 9-600 et. seq., Winter Springs Code, because of the existence City of Winter Springs Ordinance No. 2007-21 Page 1 of S of the private deed restrictions; and WHEREAS, it has come to the attention of the City Commission that some of the older deed restricted residential communities, including Unit 4 of Tuscawilla, have inadvertently allowed their deed restrictions to expire under the Florida Mazket Record Title Act; and WHEREAS, the expiration of the private restrictions have left some residential communities without any significant regulatory mechanism to protect and preserve the residential character of such communities, especially with respect to additions, modifications, and expansions of existing single family residences; and WHEREAS, as a result, the expired private restrictions have potentially exposed some residential communities to buildings and structures that are incompatible to existing single family neighborhoods and such incompatible buildings and structures may have an adverse impact on the quality of residential areas and upon property values; and WHEREAS, having considered the possible wide range negative impacts of expired private deed restrictions on the residential chazacter of some areas within the City of Winter Springs, the City Commission adopted emergency Ordinance 2006-08 on May 22, 2006, establishing interim regulations to be applied until the City Staff and City Attorney could prepare a comprehensive regulatory scheme requiring all additions, modifications, and expansions of structures within residential areas be aesthetically compatible and in harmony with the surrounding neighborhood and with the residential character thereof; and WHEREAS, the sunset provision set forth in Ordinance 2006-08 was extended by the City Commission pursuant to the adoption of Ordinance 2006-22 on November 13, 2006 and Ordinance 2007-19 on Apri123, 2007; and WHEREAS, over the course of the last year, City Staff has processed applications for aesthetic review ofsingle-family residences pursuant to the interim procedure set forth in emergency ordinance 2006-08; and WHEREAS, City Staff recommends permanently adopting said interim procedure as set forth herein; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfaze of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: City of Winter Springs Ordinance No. 2007-21 Page 2 of 5 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code Chapter 9, Land Development, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (***) indicate a deletion from the Ordinance of text existing in Chapter 9. It is intended that the text in Chapter 9 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance): CHAPTER 9. LAND DEVELOPMENT *** ARTICLE XII. MINIMUM COMMUNITY APPEARANCE AND AESTHETIC REVIEW STANDARDS Sec. 9-600. Statement of findings and purpose. *** (h) It is the intent and purpose of this article to apply to all new commercial, industrial, institutional, multi-family, and residential subdivision development projects and major alterations thereto. It is not intended to apply to individual single-family residences e, e, xcent as specified in section 9-607. *~* Sec. 9-607. Residential Compatibility and Harmony Regulations La,Z It is the intent of this section to promote and protect existingZ residential developments by prohibitine additions, modifications and expansions of structures and buildings that are incompatible and not in harmony with the subject property and the surrounding neighborhood. These rei;ulations shall apply to existing residential land uses and residential principal and accessory buildings and structures located thereon or infill residential development projects on vacant lots within established residential developments ~b,Z Before any building permit is issued for the addition, modification or expansion of any building or structure on a residential lot. the city manager or designee shall consider and review the plans and specifications to determine whether or not the proposed addition modification or expansion is compatible and in harmony with existing buildings and structures on the subiect propertyand with the surroundin neighborhood Compatibility and Ciry of Winter Springs Ordinance No. 2007-21 Page 3 of 5 harmony shall be determined based on a review of the setting landscaping_proportions materials. colors. texture. scale unity balance rhythm contrast and simplicity of the proposed addition, modification or expansion Nothing herein shall be construed to prohibit a proposed addition, modification or expansion that significantly enhances the established chazacter of other buildines and structures on the subject property and within the surrounding neishborhood in accordance with the review criteria stated above and commonly accepted azchitectural principles of the local community The cit manager is authorized to retain the services of a technical advisor on an as-needed basis ~ If the city mana¢er or designee determines that the addition modification or expansion is not compatible and in harmony the buildingpermit application shall be denied on that basis. The applicant shall have the right to appeal the denial to the city commission Said appeal shall be filed with the city manager in writing within five (51 calendar days of denial alone with a filin¢ fee established by the City Commission Upon review of the appeal, the city commission shall render a final decision on the issue of residential compatibility and harmony. All decisions of the citti commission shall be considered final and shall be subiect to appeal to a court of competent jurisdiction pursuant to law ,{~ These regulations are supplemental and in addition to all other applicable provisions of the Citv Code. To the extent that these regulations conflict with any other provision of the Citv Code, these regulations shall prevail and apply Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. City of Winter Springs Ordinance No. 2007-21 Page 4 of 5 Section 7. Sunset Review. One (1) year after the effective date of this Ordinance, the City Manager is hereby instructed to place this Ordinance on the City Commission agenda for review at a regularly scheduled Commission meeting. The agenda item shall contain background information regazding the application of this Ordinance during the previous one year. At the meeting, the City Commission will discuss the effectiveness of this Ordinance and whether or not the Ordinance should remain the same or be modified or repealed. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 9th day of July, 2007. u.~. ~ 4~©Y - c JOHN F. B , Mayor - A City LORENZO-LUACES APPR E AS TO LEGAL FORM AND SUFFICIENCY FO E ITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: Second Reading: Effective Date of Ordinance: June 25, 2007 July 9, 2007 July 9, 2007 City of Winter Springs Ordinance No. 2007-21 Page 5 of 5 ZONING CODE CHANGES CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT: ORDINANCE N0.2007.20 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 20, ZONING, OF THE CODE OF ORDINANCES; CHANGING THE ACTUAL LIST PERMITTED, CONDITIONAL, OR PROHIBITED USES IN THE R-3 MULTIPLE-FAMILY DWELLING ZONING DISTRICT TO ADDRESS DAY NURSERIES, KINDERGARTENS AND DAY CARES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY AND AN EFFECTIVE DATE. ORDINANCE N0.2007.21 AN ORDINANCE OF THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA, ADOPTING MINIMUM COMMUNITY APPEARANCE AND AESTHETIC REVIEW STANDARDS FOR INDIVIDUAL SINGLE FAMILY RESIDENCES; ADOPTING A NEW SECTION 9-607 OF THE CITY CODE; ADOPTING CONFORMING AND RELATED AMENDMENTS TO THE CITY CODE; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, AND AN EFFECTIVE DATE. PUBLIC HEARING FOR SECOND AND FINAL READING WILL BE HELD ON MONDAY, JULY 9, 2007 AT 5:15P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA THE PROPOSED ORDINANCES MAY BE OBTAINED BY INTERESTED PARTIES BETWEEN 8 A.M. AND 5 P.M., MONDAY THROUGH FRIDAY, AT THE CITY'S CLERK'S OFFICE, LOCATED AT 1126 E. SR 434, WINTER SPRINGS, FLORIDA. FOR MORE INFORMATION, CALL (407) 327-1800 #227. PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE EMPLOYEE RELATIONS DEPARTMENT COORDINATOR, 48 HOURS IN ,ADVANCE OF THE MEETING AT (407) 327-1800, #236. THESE ARE PUBLIC HEARINGS. INTERESTED PARTIES ARE ADVISED THAT THEY MAY APPEAR AT THE MEETING AND BE HEARD WITH RESPECT TO THE PROPOSED ORDINANCES. IF YOU DECIDE TO APPEAL ANY REC- OMMENDATION OR DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, YOU WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSES, YOU MAY NEED TO ENSURE THAT. A VERBATIM RECORD OF THE PROCEEDINGS IS~MADE UPON WHICH,THE APPEAL IS BASED. 1 Atlani Trump Taj Resort on t ~ Historic September 03-07, s g22 per person W Q Z a J V • Limo pickup at your • Nonstop airfare from • 4 nights at the elegant • Transfers from Philad~ • 4 Full buffet breakfast • Dinners (4) 2 Full buff dinner at the Famous May N.J., 1 buffet din • Lunch at the Back Bad • Full day tour to Cape M~ including historic trolley I with quaint "gingerbread • Evening of entertainmen • Atlantic City Trolley tour • Narrated Abescon Islanc • $55 "Coin Bonuses" at T • Baggage handling at hot • Escorted by Creative Oza~ 7 Brans 1 1 ~ Andy Willi, ~ Mickey Gilley 1 Shoj1 Tabuchi, Roy F ~ Cruise, Dinner & Shy ~ September 22-26, 2' ~ • Limo pickup at your 1 • Round trip airtare no ~ Airport to Springflelc i • 4 nights at the Clarion 1 • Exclusive-use motorcc ~ • 4 breakfasts, 4 dinner; 1 •Ozark guided tour with ~ • Escorted by Creatiti i Ozark Chri 1 1 7 Brans j Andy Wl!llams, The Tws 1 Mickey Gilley, Yakov 1 Festival c j Cruise, Dinner & Sh 1 December 1-5, 2007 1 1 1 ~--s------------- iltler IC SALES -Commercial hard- ware wholesaler seeks motivoted person for in- side sales position. Exp a + E%t bnfts email mikel Om id wesiwholesa le. c om WEB OS10540 SALES MANAOERS/TO'S - Earn 51000++/week! New state of the art Ro- mods Cruise Lina Vaca- tion Soles Center. Exp'd Only. Stan 813.262-1000 WEB OS6457 DIS ANALYST -Proficient w/ArcView 9.1. www. landbiz.com. Fax I07- 975-1278 or email to dfuesOlandbiz.com ,1 in or Hourly. Excellent references. Dependable, own car. 407-879-2175 \IDE/CAREONER -with Alz- heimer's care ezp seeks full or parttime work. Coll 407-298-5567 11DE/1N-HOME CAREGR/ER - SWM, 53. 32 yrs exp, lied, references. Avail for live-iNOUt, travel. 401-275-5359 Kevin lABYSITTER - European Woman seeks babysitting or housekeeping. Refer- ences. Coll: 321.276-7631 lAOIYEITTER - 1 am looking for kids to bobysit in our Windermere home. Call 407-922-2789 tucr.IVCO - ,.~.L.,..,v :AREGIVEp - Looking for work. Cook, clean/drive. Insurance. Lift 1BOIbs. Let me make your life o little better. Satisfociory guaranteed. Leave mes- sage 321.946-1258 :AREGIVER -Polish wom- an in the middle age, honest and tle pendable seeks work to take care of on elderly person. Please call 6-9p.m., 407- 617-9943 :MILD CARE -Sate-Secure- Loving Home Where Learning is Fun! Met- rowest/Goths 407-517-9889 :LEANING -Brazilian lady seeks to clean home or office. Coll 407-226-8171 or Cal 1321-388-6262 :LERICAL - I am seeking Clerical and or transcrip- tion position. Coll 407-830• 7009 :NA - 12 yrs exp to take care of elderly. 407-929- 5108. Avail immediately. .NA - Seeking a position as CNA. Over 20yrs nurs- ing exp. Dependable 8 trustworthy. 407.865-7434 :NA/EIDERLY CARE -Will take core of your loved one in my house (day- care), or live in/Pvt Rm, also avail. Good Refer- ences, 12 yrs exp. Metro West area. Carmen 107- 822-5330 or 347-236-9151. :OMPANION AIDE -Seeks live-in or out. Ccar, great references. 863-496-1949 or 954-733-6965 night/day IENERAL CONTRACTOR - Class "A' - 29 years ex- perience. Can aualif v. ADVERTISEMENT FOR SUBTRADE BIDS NOTICE IS HEREBY GIV• EN that The Center for Af- fordable Housing, Inc. J u- me consrrucnon of a 7•umt, single-story apartment com- plex, including site and util- itv construction. The Con- trod Documents may be examined at the following locations: Cenirol Florida builder's Exchange, 340 N. Wvmore Rd., Winter Park, FI. 32789. Phone number 407-629-2411 Mitl State Builders Ex- change, 19 NW Bth Street, Ocala, Florida 34475. The Center for Affordable Housing, Inc. -2524 S. Park Drive, Sanford, Florida 32773 From 1:30-4:00 p.m. Montloy through Friday, un• til bid closing. All bids must be in o seal envelope and inc., 1524 S. nark Sanford, Florida bids will be reviewed loll bids with ~or without cause, and to accept the bid that has the best interest for the owner. MBE and WBE firms ore encouraged to bid. The Cen- ter for Atfortloble Housing is an Equal Employment Opportunity Employer. Publish Julv 6 and 7, 2007. COR406124 7/6,7, 2007 INVITATION TO BID Notice is hereby given that James A. Cummings, Inc. (Construction Manager) will be accepting subcon- tractor bids for the TIM- BER CREEK/UNIVERSITY HIGH SCHOOL RELIEF PROJECT for Orange Coun- ty Public Schools until 12:OOPM on July 19, 2007. Bids will be accepted of aocumenrs may be obtained from the following locu- tions: (1) Winter Park Blue (401- 647-3034, www.wpblue.com) (2) James A. Cummings, Inc. (321-939.0583) (3) James A. Cummings, Inc. (954-733-4211) (4) Cenirol Florida Builders EExchange (407.629-2111) (5) Mid-State Builders Ex- chan (352.351-5292) 6) Deed Construction Data 407-345-2477) 7) F.W. Dodge (407-649- 7200) James A. Cummings, Inc. is committed to complying with OCPS's MWBE and LDB policies and ~race- dures, and participation Irom certified MWBE and LDB is encouraged. The Owner's MWBE and LDB 99~Ols }or this Project are 23°/ and 10°i, respectively. James A. Cummings, Inc. is an Equal Employment Op- portunity Corporation. Li• tense Numbers CGC015592 and CGC1509216. your business. Serious in- quiries only 407-J19-4011 I i r ~OURIER DRIVER - ~NO exp/ f lex(ble hours; salaried position. 1.800.676-9085 AOVIE EXTMS -Earn up to 5150 per day! People needed to work in TV and film production, f1.95 op- COR381704-J U L.1 INVITATION TO BID NOTICE OF MEETING D.J. Haycook Construction y0U WILL PLEASE TAKE co. requests sub•conirac- NOTICE that on Wednes- tor's bids for construction tlay, Julv 25, 2007 at 9:00 of the FARMWORKERS a.m., or as soon thereafter ASSOC. ADMIN. BLDG., as practicable, the Board of Apopka. FI. by July 23, 2007 Supervisors of the Reedy at 1:00 PM .all interested Creek Improvement D(s- MBE,WBE and DBE firms trio will meet in regpular are encouraged to submit Session of 1,900 Hptel Plaza sub-bids, to D.J. Hoycook o....i..,,...,. ... ....__ .. ~~~IN~ claims on whom a copy of IhiS notice is served must file their claims with this court WITHIN THE LATER ~EtTTHE DA~fNOFSTHE FIRST PUBLICATION OF THIS NOTICE OR THIRTY DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM. All other creditors of the 'decedent and other persons having claims or demands ~,agoinst the tlecedent's es- Itate, including unmatured, ',contingent or unliquidated .claims, must file their The date of the first publi- cation of this Notice is June 30, 2007 Personal Representative: JOSEPHINE FABRICO 566 Pinehurst cove Kissimmee, FI 34758 Attorney for Personal Rep• resentative: C. MICHAEL MAGRUDER, ESQ. 203 S. CLYDE AVE. KISSIMMEE, FL 34741 Telephone: 407-870-8900 FLORIDA BAR N0.:842052 OSC402424-J U N.30,J U L.7 to requests rot a CONDITIONAL USE PEggRMIT for~ONQPOLE~ELLLL TOWER at 1560 Winter Springs Bivd. (City Waste-Water Treat men( Plant site) of 1500 Winter S tin s Blvd. (TusslTe)i18OARD OFCIub J s considered at this meet(ng, you will need a record of the proceedings, and for such purposes, you may need fo ensure that a verbo• tim record of the proceed- ings is made upon which the appeal is based. Inter- ested potties are advised that they may appear at the meeting and be heard with respect to the proposed re- yyuest. CS E410469-J U L.7,2007 Early Learning Coalition of Seminole announces its July Meetings: The Nominating Commit- tee will meet on July 12, 2007 at 10:00 a. m. at 239 Rinehart Road, Lake Mary, FL 32746. The Planning and Pro• gram Committee will meet on Julv n, 2007 at 8:30 o.m. ai the SOPS ATEN building, 1207 S. Mellonville Ave., Sanford, FL 32771. CS E4089390-J U L. 7 ~Gice~ NOTICE OF SALE IS ORANSECO, INC. Sl00 LARENURST DRIVE, ORUN- BOd1R 7201! AT la/AOM: D Best ~FLOMIDAE ~ AT t.70/RM M Tnbue 0524, M Coney 0829, S Tisdale 0921, E Wiltioms 1135, G Williams 1236 1313 15TH STREET ORLANDO, FL 7253! AT IO:IOAM: M Gallo 8128, F Stevens 824(1 S Forde Dd22, C Lucate Ef16, E Washington E546, N John- son F638, A Graham H818. Op~LANDS, f~L ATON:3TOAM~ M Newman 0338, T Sanders 0625, V Williams 0735, J Oel Valle 0826, A Goerra 0831. C Mitchel 0833, L Gee 09121, T Hatcher 0922, J Cotentin 0954, M Abernathy 0988, P Scott 1087, V Persad 1119, S Timmer 1170, J Acevedo 1219, K Williams-Goldingy 1306, J Rodriguez 1362, M Webster 1363, K Beard 1386 11D1 WEST OAR RIDGE ORtAN00, fl 3LW AT R:AOAM: T Halisup 8009, D Morales 8020, J Frederick D028, B Bonnets D057, R Jones E022, S Gar- rett E030, R Roberts E037, A Whittington E041, W Cole G012, M Conover G046, D Lanier J118, A Croft J165, D Pugh K001, H Oyola K024, W Mercidieu K049 C 0 R398415-J U N.30,J U L.7 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.:DRO)-OS-177 NOTICE OF ACTION DISSOLUTION OF MARRIAGE IN RE: The Marriage of Elsa Pereira-De-Souza Petitioner and Richard A. Monte Respondent TO: Richard A. Monte 906 C. Lake Destiny Rd Altamonte Springs, FI 32714 YOU Al1E HEREBY NOiiFIED that on action for dissolution o} marriage has been filed against you and you are required to serve a copy of your written de- Iaaa0, r1 J1eUY Apl. IIU 00 or before July 31, 2007 and file the original with the clerk of this court before service on Petitioner or Immediately thereafter. If you fail to do so, a default will be entered against you for the relief demanded In the petition. WARNMI0: Rule 12.285. Florida Family law Rules of Procedure requires cer- tain automatic disclosure of documents and inforirla- tton. Failure to comply can result in sanctions, includ- ing dismissal or striking of District Clerk lot District Headqu Highway 100 West, I FL 32177. Petitions minisirative hearins obove application r filed within twenty-I days of publication notice or within iW (26) days of the Dis Positing notice of thl in the mail for the sons to whom the mails actual notice. to file a petition wil time period shall cc a waiver of any r such person(s) may request an admini! determination (hear are CO R410597-J U L.T W at s, a, he ~ b~ lis ix le- nt rr• ct re ~ Its ~ to s) 3D to ~ ve ~ d he ~ ns C d: ~ is- v N g V PUBUC NOTICE ANNOUNCEMENT WiIEIAMI On June 19, 2007, an appli• cation was tendered for fil- ing with the Federal Com- munications Commission in Washington, D.C. for con- sent to assign the license of WFLF(AM), 540, Plne Hills, FL, from Clear Channel Broadcasting Licenses, Inc. to Aloha Stotion Trust, LLC, as trustee of the Clear Channel Trust. Clear Channel Broadcasting Licenses, Inc. is a wholly owned subsidiorv of Clear Channel Holdings, Inc., which is whollyy owned by Clear Channel Communica- tions, Inc., apublicly-traded company. The officers and directors of one or more of these enti- ties qre: L. Lowry Mays, ~acnry, uonn H09a n, (SOD ohen, Don Perry, Paul Meyer, Andrew Levin, Lisa Dollinger, Herbert W. Hill, Jr., David Wilson,Kathryn Movs Johnson, Jessica Mar• ventano, Bill Hamersly, Randy Palmer, John Tippit, Brian Coleman, Charles Dan, III, Stephanie Rosotes, loe Shannon, Dirk Eller, Paul Peterson, Marv Stich. rvewman, and Kristine Epees. Jeanette Tully is the sole member of Aloha Station Trust, LLC, trustee of the Clear Chonnet Trust. A copy of this application is on }tle for public inspection of 2500 1Asid451 Gslar fMkwgr AI01 Meideed, R 32751. COk405798 7/6,7p13,14, 2007 ~~YARIIM(FMI.f WaQ~AMMENT On June 19, 2007,r an appli- cation was tendered for fil- ing with the Federal Com- munications Commission in Washington, D.C. for con- sent to asstyyn the licenses of WRUM(FM), 100.3 and WQTM(AMI, 740, in drlan• do, FL, from Clear Channel Broadcasting Licenses, Inc. to Aloha Stotion Trust, LLCl, as trustee of the Clear Channel Trust. Clear Channel Broadcasting Licenses, Inc. is a wholly owned subsidiorv of Clear Channel Holdings, Inc., i _~ ~ ..~ ~: otices NOTICE OF PUlItC SALE =RSONAL PROPERTY OF THE )LLOWING TENANTS WILL BE ILD FOR CASH TO SATISFY =NTAL LIENS IN ACCORD• VCE WITH FLORIDA STAT- fES, SELF ST RAGE FACILI- ' ACT, SECTI NS 83-806 AND Ig7: FAIRVIEW MINI ETOMGE IT 1 CUNT FREDRI~)(,_~AK ~~E,}L I •,g MN EODI EV NE )NTENTS MAY INCLUDE TCHEN, HOUSEHOLD ITEMS, 1MESNG~ACKE DACARTONS, 1RNITURE, TOOLS, CLOTH- G TRUCKS CARS, ETC. ItEkE'S NO TI`fLE FpR VEHI- ES SOLD AT LIEN SALE. VNERS RESERVE THE RIGHT BID ON UNITS. EN SALE TO BE HELD ON IE PREMISES 08-01.01 0 3:00 PM. EWING WILL BE AT THE ME OF THEMSANLE~~ONLEY. 1211 N 0 ~NOEIll083~OTRAII .5116735011 DO R 1AS, 22, 2007 NOTE OF PUBLIC SALE :RSONAL PROPERTY OF THE )L LOWING TENANTS WI L BE ILD FOR CASH TO SA~ISFY =NTAL LIENS IN ACCORp- JCE WITH FLORIDA STAT- fES, SELF STORAGE FACILI- f ACT, SECTIONS 83-806 AND 507: PERSONp~ MINI ssi0RA0E LAKE FAIRVIEW ilT N FRANK CANTREII i JAMES AlE11AN0ER YOlANOA DN.I~E WILUA~~M~~rrS JO A ALMII~NZAII PATAICIA MAAIE WALSH I RANDAl4 WIUTAMS I YASMKU RENeE BRIOOE~ R Pl1pLABURN STEPPIE JANEDA i JOSE A ALMANZAA 3NTENTS MAY INCLUDE TCHEN, HOUSEHOLD ITEMS, =DDING, LUGGAGE, TOYS, AMES, PACKED CARTONS, JRNITURE, TOOLS, CLOTH- IG, TRUCKS CARS, ETC. iERE'S NO TIrfLE FOR VEHI- ES SOLD AT LIEN SALE. NNERS RESERVE THE RIGHT BID ON UNITS. TEN SALE TO BE HELD ON 1E PREMISES 01.01.07 0 3A0 PM IEWING WILL BE AT THE ME OFTAAHIA1I((E~E~ SALyE:~Typ-ONLY. 1352 N~OMNO~OSSOMM iRAll ORlANN00 , k 32101 ..5416!dl 7/15. 22, 2007 I THE CIRCUIT COURT OF iE IBTH JUDICIAL CIRCUIT IN VD FOR SEMINOLE COUNTY, .OR I DA SSE N0::07-CA-902-167-G >MMONWEALTH LAND TLE INSURANCE COMPANY, alntiff )SEPH K. THOMAS JR. and 1E CLOSING AGEtfT II, INC. zfendants NOTICE OF ACTION J: JOSEPH K. THOMAS, JR., Huse last known address was 430 Hickory Street, Astor, Flori~ r 72102 JU ARE NOTIFIED that an ac m for damages and claims at in~ rest to escrow funds, all of which loses to the sale o} the following operiv: rmmence of the southwest corner Section 2, according to the Plat Manhattan as recorded in Plat ak 2, Poge 2, of the Public Re- ~rds of lake Couniv, Florida, run en~eFSOUth 89.29'34" Eas~ron~he IN's office on the following aroper- tv in Orange County, FI; 58,000.00 In Money orders seized on or about the 31st day of January. 2001, at or near 1583 E. Sliver Sfar Rood, Or• Lando, Orangge County, Florida. You are required to serve a copy of your written defenses, II any, fo the Asslafant General Counsel for the orange county Sherlff;'s Office legal Services Section, 2500 Wesf Colonial Drive, Orlando, Florida 32804, within 30 days of this publi- cation, and file the original with the Clerk of this Court either be- fore service on Petitioner's atfor- nev or Immediately thereafter; otherwise a default will be entered aQOlnsf vau for the relief demand- edg In the petition for Final Judg- mont of Forfeiture. NOTICE TO PERSONS WITH DISABILITIES. IF YOU ARE A PERSON WITH DISABILITY WHO NEEDS ANY ACCOMMODA• TION IN ORDER TO PARTICI- PATE IN THIS PROCEEDING YOU ARE ENTITLED AT Nf3 COST TO YOU, TO THEz PROVI- SION OF CERTAIN ASSISTANCE. PLEASE CONTACT COURT AD- MINISTRATION AT 425 NORTH ORANGE AVENUE ROOM 2170, ORLANDO, FLOf21DA 32801. TELEPHONE (107) 836-2303 WITH- IN 2 WORKING DAYS OF YtJUR RECEIPT OF THIS DOCUMENT; IF VOU ARE HEARING OR DATED this 17th day of July, 2007 LYDIA GARDNER CLERK OF THE COURT CIRCUIT COURT SEAL BY:IS7 Deputy Clerk OL5425893-J U L.22,29,A U G.5,12 EAUlIHT~ENT~ND N TIE CEInnCU c4 c Nk CI~CURNITN AND FOR SNEM~ ~Tp~ECODUNTYeuRTCiSR THCIRCUR EN~RAN~uFOAIAL SEMINOLE COUNTY. FlOR10A. CASE NO.: 01-CA~1605-IO1G13-L SEMINOLE COUNTY, a poliffcal subdivision of the State of Florida, Petitioner, V5. INOLE CU. STATE ROAD 46, a Florida limited Partner- JPMORGAN CHASE 8 CO., rlawore corporation; FLORI- OMMUNITY CAPITAL COR- ATION, anon-Profit Florida ~ratior,; FLORIDA HOUSING ANCE CORPORATION, o Ida public corppopration; BER- ETTE RODGERS; FLORIDA LIC UTIL111E5 COMPANY, a Ida corporation; DENNIS R. MELVIN H. SPIVEY; STE- Fl G. KOHLER; DOUGLAS C. MORTGAGE ELECTRONIC ;ISTRATIONS SYSTEMS, n Delaware corporation; FMASTER LAWN 8 ORNA- ITAL CARE, INC., o Florida oration; CONTROL PEST limited liability company' RAY VALDES ns Tax Caliector o~ Semi- nole County, Florida; and the un- known spouses of the above, it onv; their heirs, devisees, assign- ees, grantees, creditors, lessees, executors, adminlsirators, mort- gagees, 11udgment creditors, trust- ees, lien lwlders, persons In passes- slon and onv and all other persons having or claiming to have any right, title or interest by, through, under or against the above named Defen donts, or otherwise claiming any right, title, ar interest in the real property described in this ac- tion, Defendant(sl. op N011CEEE ~~OF ACTION ANONTOEpALLBPARi1ESMCUIMING ~fARNER EST BY TEENROUEEGH UNDER 011 AGAINST PANTNIfSMHAVINGFFEORpp CUIIiAINGGipT HA I PBOPEHTYTbE8C81BE0 8 LE OWST IN 7N~ An Eminent Dmnain Petition, to- Pether with its Ueclmation of Tak- ing has been filed in the above- styled court fo acquire cer loin Droperfy interests in Seminole County, Flarido, described os fol- lows: PCCApp EL N S.: 101C/1010 FFFB IM01 ~ ~ That portion of Lots 19 and 20 and the Narfh 10 feet of Lot 18, A.J. Pe- terson Subdivision, according to Plat Book 10, Poge 60, Public Re- tards of Seminole Couniv, Florida being more particularly descrlber~ as follows: Containing 2,715 square fee! more or less. TOGETHER WITH PARCEL 0.:706 COUNTY OA 15 TEMPORARY ONSTRUCTION EASEMENT That portion.of Lot 19, A.J. Peter- son Subdivision, according to Plat Book 10, Page 60, Public Records of Seininule County Flarido, beintq rnore particulcrly rlescnbed as fo - IUW$: Commence at me Northwest Cor- ner of Lot I, Peterson Subdivision, North line of A.J. Peterson Subdi- vision, according to the plot ihere- ol, as recorded in Plat Boak 10, Page 60, Public Records of Semi- nole Cowity, Flarido, a distance of 201.60 feet; thence departing said Narfh plat line, South 00°09'31" East o distance of 81.04 feet for a POINt OF BEGINNING; Iheiirr. North 89`50'29" Eost, a distance of 10.31 feet; thence run South 00"09'31" East, a distance of 18.00 feet; thence run South 89`50'29" West, n dislonce of I,58 feet; thence run North 45`09'36" West. a dlstunce of 12.35 feel; thence run North 00`09'31" West a distance of 9.27 feet to the POINT OF BEGINNING. Contolning 148 square feet mare or less. Parcel LD. No. for 1ON706:28-19-30- 5g 0 p 3 U-~ ON E0 T ~0 Y 0 ~- 0~ 19 0 FEE SIIYMROAD 15 ~. That portion of the Narfh 202.20 feet of the South half of Lat F, W. Heordall's Map of St. Joseph's, ac- cording to the Plat Book 1, Page 114, Public Records of Seminole County, Florida, being more aar- tirularly described os follows: Commence at the Northwest cor- ner of said Lot F, W. Beordali's Map al St. Joseph's; Thence South 00°07'48^ East, along the West line of said Lot F, n distance of 322.38 feet to the North line of the South halt of said Lot F; thence depart- ing said West laf line, North 89°58'47" East, along said North line, a distance of 612.49 feet for o ~IY existing r unto Road 15 sold Lot F; __-... , ~N ' -rv ' OF BEGINNING; thence continue ">- Northwesterly along said curve . having o central angle of 00?27'09", an arc distance of 16.00 feet, ,. through a chord bearing of North ~ ~„ 00?04 53" East; thence departing t sold curve, run South 89°51'18" .O West, a distance of 4.90 feet; thence South 00?04'53" West, a dis- 'Z Lance of 15.96 teen thence South 89?41'32" East, a dl Lance of 1.90 ' . ' feet to the POINT OF ~EGINNING. Containing 78 square feet more or less. Pu !!I LD. No. ter 1121112:18.18• - V ' 30-5~C-0000-0OF2 t/J cPAORCEL NOaa.: 113 ~ O FEE SIMPIEAD 15 b That portion of the South half of ~~ the North half of Lot F, W. Bea- v doll's Map of St. Joseph's accord- ing fo the Plat Book 1 {Sage 114, ~ Public Records of Seminole Coun- ty, Florida, belnp mare porticular- Iv described os follows: Containing 5,367 square feet more or less. TOGETNER WRN gPgA~~RCE/ N0. 113 TEM~PORARYACONSTRUC110N EASEMENT ~' That portion of the South halt o1 the North haft of Lot F, W. eear- doll's Map of SI. Joseph's, octord- ing fo the Plat Book it Poge 114, Public Records of Semnole Coun- ty, Florida, being more particular- ly described as follows: Containing 137 square feet more or less. Parcel I.D. No. far 113/713:16-19- ~~ 30-SAC-0000-OOFO - Each Defendant is further noti- Avenue, Sanford, Florldo, in ac- cordance with Its Declaration of Taking heretofore tiled in this cause. All Defendants to this suit and all other Interested parties may timely request a hearinff~~ On the Petition for the Order of Tak- in at the lime and pplace designat- er~ and De heard. Any Defendant failing f0 file 0 timely request for hearingp shall waive any right to object to the Order of Taking. AND Each Defendant and any other persons claiming any interest in the property described (n the Peti-