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2014 03 10 Public Hearing 505 KAI Annexation, Ordinance 2014-03 First Reading COMMISSION AGENDA Informational Consent ITEM 505 Public Hearings X Regular March 10, 2014 KS RS Regular Meeting City Manager Department REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a public hearing to consider First Reading of Ordinance 2014-03, which proposes to voluntarily annex one parcel totaling approximately 3.08 acres, generally located north of State Road 434, 1,000 feet west of the State Road 419 intersection. SYNOPSIS: An application has been received by the Community Development Department which requests voluntary annexation of one parcel totaling approximately 3.08 acres in size generally located north of State Road 434, 1,000 feet west of the intersection of SR 434 and State Road 419 (See 'Attachment A - Location Map'). The requested annexation is for future office development at said location. CONSIDERATIONS: APPLICABLE LAW, PUBLIC POLICY,AND EVENTS Florida Statutes 163.2511-163.3246 : (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041 -Procedures for adoption of ordinances and resolutions. Florida Statute 171.044 - Voluntary Annexation Winter Springs Charter Section 2.03.Annexation procedure. Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15. Ordinances in General. City of Winter Springs Comprehensive Plan. City of Winter Springs Code of Ordinances. Public Hearings 505 PAGE 1 OF 4- March 10,2014 CONSIDERATIONS: The applicant is petitioning the City to voluntarily annex a 3.08 acre parcel that is generally located north of State Road 434, 1,000 feet west of State Road 419. The requested annexation is for future office development at said location. The surrounding area is generally characterized by commercial uses in Seminole County and the City of Winter Springs. Applicant—John Bullock-KAI Properties, LLC. Location—North of State Road 434, 1,000 feet west of State Road 419. Site Information — The 3.08 acre parcel currently has a future land use designation of Seminole County "Suburban Estate (SE)". The property is also described within Agenda Item 501, Annexation, which is scheduled to run concurrent with the requested Small-Scale Plan Amendment and Rezoning. The applicant has petitioned the City to change the future land use designation of the parcel to City of Winter Springs "Commercial" for utilization of said property for future office development. PARCEL Property Addresses: E. State Road 434 Property Owners: KAI Properties LLC Applicant Address: 817 Pink Camellia Court Apopka, F132712 Property Appraiser Parcel I.D numbers: 34-20-30-5AW-0000-042B Property Acreage: Approximately 3.08 acres Property Legal Descriptions: See 'Attachment B- Ordinance 2014-03' Current Future Land Use: Seminole County "Suburban Estate (SE)" Proposed Future Land Use: City of Winter Springs "Commercial" Existing Zoning: Seminole County "A-1" (Agriculture) Public Hearings 505 PAGE 2 OF 4- March 10,2014 Proposed Zoning: City of Winter Springs "C-1" (Neighborhood Commercial) Existing Land Uses — The subject property is currently is will be the site for future office development. The surrounding area is generally characterized by the following land use and zoning categories. Existing Land Uses Zoning Future Land Use Subject Properties Vacant Seminole County Seminole County Agriculture (A-1) "Suburban Estate SE)" North Vacant Seminole County Seminole County Agriculture (A-1) "Suburban Estate (SE)" South Vacant City of Winter City of Winter Springs Springs Neighborhood Commercial Commercial (C-1) East Commercial City of Winter City of Winter Springs Springs Neighborhood Commercial Commercial C-1 West Commercial City of Winter City of Winter Springs Springs Neighborhood Commercial & Commercial (C-1) Medium Density Single-Family Residential Dwelling District (R-C 1) The application petition bears the signatures of all of the property owners and the parcel does not create any enclaves. The subject property is contiguous with the City's existing boundaries and is currently located in an unincorporated area of Seminole County that is adjacent to the City of Winter Springs. The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. The subject property is currently undeveloped and adjacent to city commercial parcels both to the west, east, and south. The City has capacity to provide this parcel with the same urban services provided to other areas of the City. County water and sewer service are available to the property. The subject properties are currently designated "Suburban Estate (SE)" on the Seminole County Future Land Use Map. In addition, the subject property is currently designated "Agriculture (A-1)" on the Seminole County Zoning Map. If the property is annexed, the applicant's request for a Small Scale Comprehensive Plan Public Hearings 505 PAGE 3 OF 4- March 10,2014 Amendment changing the Future Land Use to City of Winter Springs "Commercial" and the request for Rezoning to City of Winter Springs C-1 (Neighborhood Commercial) will then be considered by the Local Planning Agency. Findings: In analyzing the annexation request, it appears that all statutory requirements related to voluntary annexation have been satisfied. FISCAL IMPACT: The voluntary annexation of the property is for future office development at said location. The surrounding area is generally characterized by commercial uses in Seminole County and the City of Winter Springs. Development of the subject property is anticipated to provide an increase to the City's taxable value. A detailed Fiscal Impact Report will be performed once the development details are known. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Adjacent property owners have been notified by US mail. Pursuant to Florida Statutes 171.044 (6), the Seminole County Board of County Commissioners was sent via Certified Mail the notice of annexation for the subject parcels on February 10, 2014. In addition, a yellow sign noting the date and time of the public hearing has been erected on the property. RECOMMENDATION: The Community Development Department — Planning Division requests that the City Commission hold a public hearing to consider First Reading of Ordinance 2014-03, which proposes to voluntarily annex one parcel totaling approximately 3.08 acres, generally located north of State Road 434, 1,000 feet west of the intersection of SR 434 and State Road 419. ATTACHMENTS: A. Location Map B. Ordinance 2014-03 C. Advertisement, Orlando Sentinel—February 9, 2014 D. Advertisement, Orlando Sentinel -February 27, 2014 E. Draft Minutes, February 19, 2014 Planning and Zoning Board -Local Planning Agency Public Hearings 505 PAGE 4 OF 4- March 10,2014 1 FS.' 'V Attachment "A " ON V �� � �`� _ - �' •fix } ��''"~ "'� _ SUBJECT PROPERTY lot 1A 1 F Attachment "B" ORDINANCE NO. 2014-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS,FLORIDA,ANNEXING ONE(1) PARCEL OF LAND COMPRISING APPROXIMATELY 3.08 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED ON THE NORTH SIDE OF STATE ROAD 434, 1,000 FEET WEST OF THE INTERSECTION OF STATE ROAD 434 AND STATE ROAD 419, SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT"A"ATTACHED HERETO;PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER,ARTICLE II, BOUNDARIES, TO INCORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH APPROPRIATE AGENCIES UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS, this is a voluntary annexation which shall be pursuant to the annexation procedures contained in section 171.044, Florida Statutes; and WHEREAS, the City Commission has determined that the subject real property is reasonably compact and contiguous with the boundaries of the City of Winter Springs and will not create an enclave and otherwise satisfies the requirements for annexation; and WHEREAS, this annexation is in compliance and consistent with the goals and objectives of the City of Winter Springs Comprehensive Plan, Charter, and City Code; and WHEREAS,upon the effective date of this Ordinance,the municipal boundary lines of the City of Winter Springs,contained in Winter Springs Charter,Article II,shall be redefined to include the subject real property; and WHEREAS,the City Commission of the City of Winter Springs,Florida,hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS,AS FOLLOWS: City of Winter Springs Ordinance No.2014-03 Page 1 of 3 Section 1. Annexation of Real Property. The area of real property, which is more particularly described in the metes and bounds legal description and map attached hereto as Exhibit "A," is hereby annexed into the City of Winter Springs by the City Commission. Exhibit "A" is hereby fully incorporated herein by this reference. Section 2. City Boundaries Redefined;Winter Springs Charter Amended. Pursuant to section 166.031(3), Florida Statutes, and section 171.091, Florida Statutes, the City of Winter Springs Charter, Article II, Section 2.01, shall hereby be amended to redefine the corporate boundaries of the City of Winter Springs to include the area of real property described in Section 1 of this Ordinance. The City Clerk shall file the revised Winter Springs Charter, Article II, Section 2.01, with the Department of State within thirty (30) days upon said approval and shall provide a copy to the Office of Economic and Demographic Research along with a statement specifying the population census effect and the affected land area. The City Clerk shall also file this Ordinance with the Clerk of the Circuit Court of Seminole County, the Chief Administrator of Seminole County, and the Department of State within seven (7) days of the effective date. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. Section 5. 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. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 24th day of March, 2014. Charles Lacey, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk City of Winter Springs Ordinance No.2014-03 Page 2 of 3 Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: March 10, 2014 Second Reading: March 24, 2014 Effective Date: March 24, 2014 City of Winter Springs Ordinance No.2014-03 Page 3 of 3 yA", DESCRIPTION: J 0 THE EAST 112 OF LOT 42, ENTZMINGERACEMg OF ADDITION LOT O4 PTHE No.2, AS RECORDED IN PLAT BOOK 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. 880,(P) z90 Q�.(�) �, FIFLD FIE x �( 5 CONTA/VFj 3.bS 4GC'ES�IOeE �� cuss. Ng42849°E 269.84 Mme — ^� {`— -CENTERLINE OF DITCH o z� 2 \� (P) rc o 290.00' g 'p o v � O U! Z NER.T COR avQ FENCE as 1.1'W & OS. PIPE .0o OF IRON m o ^ a 0 0 p FENCE n a= a ? g' N X CHIAN 'd' UNK PENCE ._.. Z U � u � d � x � C71 W M 42 OF LOT FAST 1/2 fN0 OF OI7CN o GONG ( O CH I.3 23.2' V1 Cg RESIDENCE (NU Roof) m x 22.5 N 37.0 1! `N 11.2 26.5' d' CEi BARN p o ('fIN ROOF) N q a ov o w n \ C7 N? m yNyffZ 1.5 \ c�Z 3� ZJ 41 N 3 W K � V iq N SET`S 5006 N\ EXHIBIT "All �581M1 N g R 00. 0 SET NAIL AND DISC j� `C LS 5(00 Q �JLf♦ P o$0;26A osRO SURVEY REPORT: 1.This survey does not reflect or determine ownership 2. Title data has not been furnished to this surveyor unless otherwise noted. LEGEND: 3. Underground improvements or underground foundations have not been located except cs q CENTERLINE noted on survey mop. IP IRON PIPE eral In (P) PLAT 4. According to the Fedsurance Rote Map,this property lies in Zones) "X, (M) MEASURED Map number 12117CO135 E. Dated: 4-17-95. (D) DESCRIPTION R/W RIGHT OF WAY ` , BOUNDARY SURVEY Hf-MWCH—LUKE — SWAGGEf?T)" LLC Mark I. 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IT FLG1RIpA,GNAN It HI 1II G., I iPI 3I'f:i I1 klltlllai ICE O>RTiTI I I{�Altll I �� �tIB�`�TALG�tC MO�i�itHL ,�9,�3AII� � lnl..flEli� i,flO ,EfStE xT!}F E IN TES ItIIiE PAI-TII3tLLARLY OE'I;TillEO HEIiI,J RONI �1 OLI COUNTY" °A 11 �1 I�H I#2HQPP S Ct 6IIT lER IA L gl l` ,-Cr PR 111 IdI QIigI IAN E I I RI<�OLtITIONC; �#��AII�I'TY AN � � �� z � y{ CITY C, o� s I � The proposed ordinances aid compietlepaiictl trotl � � �ne�A interested parties between .m.andbp. .,MondaYhroughFriilarnYn3 tleAA34,WrntetSpnngs,ftonda F7 ,or inure iriiorroaYmn,,call 9D 327 e o ail ��to pat jpaie ih any t�f these proceedings should contaot the mp1 a pns par o ?� ance-of the ztteeUrig at{�y07) 32M80O>X36,Thisisapubheheanng nit s d rL Y� t e t>Zemeetingantlk�et�eardwrtir respect to the proposed o[dmanee if'+ou Ueci�eto appeal Orly recaln ro �l e sioh made by tkla City omm�ssion, wikfirespnccttoanYmatter,GOnsidaredfi�5 [rao ??l� dte9s and torsuci�purposes,you may;neto ensure that a vernetim rcor�triheroedgase1n�iet� t�P s Uased. a� 3 Attachment "E" CITY OF WINTER SPRINGS, FLORIDA ; MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETINGT xq FEBRUARY 19, 2014" (RESCHEDULED FROM FEBRUARY 5, 2014) ; CALL TO ORDER The Regular Meeting of Wednesday, February 19, 2014 (Rescheduled from Wednesday, February 5, 2014) of the Planning And Zoning Board/Local Planning Agency was called to Order at 5:37 p.m. by Chairperson William H. Poe in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson William H. Poe, present Vice-Chairperson Bob Henderson, present Board Member Howard Casman, present Board Member Bart Phillips, arrived at 5:38 p.m. Board Member Suzanne Walker, present Deputy City Clerk Sarah Hart, present Chairperson Poe led a silent invocation. This was followed by the Pledge of Allegiance. Board Member Bart Phillips arrived at 5:38 p.m. REGULAR AGENDA- PART I REGULAR 600. Office Of The City Clerk Requesting The Planning And Zoning Board/Local Planning Agency Hold An Election For The Position Of Chairperson For Calendar Year 2014. CHAIRPERSON POE STATED, "I PERSONALLY WOULD LIKE TO NOMINATE MR. BOB HENDERSON TO FILL THAT (CHAIRPERSON) POISITION. THAT BEING SAID, I WANT TO ASK MR. HENDERSON, `ARE YOU WILLING TO ACCEPT THAT RESPONSIBILITY IF IN FACT YOU ARE VOTED IN SIR'?" VICE-CHAIRPERSON BOB HENDERSON REPLIED, "YES." CONTINUING, CHAIRPERSON POE SAID, "MOTION TO APPOINT MR. HENDERSON AS CHAIRPERSON TO THAT SEAT EFFECTIVE AT THE NEXT MEETING." SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-FEBRUARY 19,2013 ,. v (RESCHEDULED FROM FEBRUARY 5,2014) " PAGE 2 OF 8 ' ;1ttsx:W.x..�21a �Cv,!M MK%i b:•:i+':aGCt� VOTE: ' CHAIRMAN POE: AYE n�rt:?xssr;. BOARD MEMBER CASMAN: AYE VICE-CHAIRPERSON HENDERSON: AYE ' BOARD MEMBER PHILLIPS: AYE = "° BOARD MEMBER WALKER: AYE MOTION CARRIED. REGULAR 601. Office Of The City Clerk Requesting The Planning And Zoning Board/Local Planning Agency Hold An Election For The Position Of Vice-Chairperson For Calendar Year 2014. CHAIRPERSON POE ASKED BOARD MEMBER HOWARD CASMAN, "WOULD YOU ACCEPT THE NOMINATION TO BE THE VICE- CHAIR[PERSONI T' MOTION BY CHAIRPERSON POE. RESPONDING, BOARD MEMBER CASMAN STATED, "YES, I WILL ACCEPT THAT." CONTINUING CHAIRPERSON POE SAID, "LET ME ADD TO THAT, THAT YOU ALSO WOULD TAKE THAT POSITION AT THE NEXT MEETING." SECONDED BY BOARD MEMBER WALKER. DISCUSSION. VOTE: BOARD MEMBER WALKER: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER PHILLIPS: AYE VICE-CHAIRPERSON HENDERSON: AYE CHAIRPERSON POE: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA INFORMATIONAL 200. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-FEBRUARY 19,2013 (RESCHEDULED FROM FEBRUARY 5,2014) , PAGE 3 OF 8 PUBLIC INPUT Chairperson Poe opened "Public Input". ; ,�, No one addressed the Board Members. Chairperson Poe closed "Public Input". uiltp CONSENT AGENDA CONSENT 300. Office Of The City Clerk Requesting The Planning And Zoning Board/Local Planning Agency Review And Approve The Wednesday, December 4, 2013 Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes. Chairperson Poe stated, "Do I have a Motion on the Consent Agenda?" "MOTION TO APPROVE." MOTION BY VICE-CHAIRPERSON HENDERSON. SECONDED BY BOARD MEMBER WALKER. DISCUSSION. VOTE: BOARD MEMBER WALKER: AYE BOARD MEMBER CASMAN: AYE CHAIRPERSON POE: AYE VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. 400. REPORTS No Reports were given. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-FEBRUARY 19,2013 (RESCHEDULED FROM FEBRUARY 5,2014) PAGE 4 OF 8 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department—Planning Division The Community Development Department — Planning Division Requests That The Local Planning Agency/Planning And Zoning Board Hold A Public Hearing To Consider Both The Small-Scale Future Land Use Map Amendment And Rezoning For Approximately 5.22 Acres, Generally Located North Of State Road 434, West Of Deleon Street As described Within Ordinances 2014-01 And 2014-02. Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department presented the Agenda Item. There was brief discussion about the potential of the area being a high flood risk. Mr. Woodruff confirmed that, "There are no proposed residential units that you will remember in that location. It's strictly for the retention pond." Chairperson Poe opened "Public Input". Ms. Heather M Himes, Akerman L.L.P., 420 South Orange Avenue, Florida: as the Attorney for the Applicant, Ms. Himes spoke in support of the staff recommendations. Chairperson Poe closed "Public Input". Chairperson Poe stated, "The Chair will entertain a Motion with regard to Item '500' as presented by Staff." "I WOULD MOVE TO APPROVE ORDINANCE 2014-01." MOTION BY VICE- CHAIRPERSON HENDERSON. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. VOTE: BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER CASMAN: AYE CHAIRPERSON POE: AYE VICE-CHAIRPERSON HENDERSON: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-FEBRUARY 19,2013 (RESCHEDULED FROM FEBRUARY 5,2014) PAGE 5 OF 8 Continuing, Chairperson Poe said, "The Chair will entertain a Motion with regard to the other Staff recommendation." "I MAKE A MOTION THAT WE APPROVE ORDINANCE 2014-02." MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. VOTE: BOARD MEMBER WALKER: AYE BOARD MEMBER CASMAN: AYE CHAIRPERSON POE: AYE VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department—Planning Division The Community Development Department — Planning Division Requests That The Local Planning Agency Hold A Public Hearing To Consider Ordinance 2014-03, Which Proposes To Annex One Parcel Totaling Approximately 3.08 Acres, Generally Located North Of State Road 434, 1,000 Feet West Of State Road 419. Related to this Agenda Item, Mr. Woodruff presented his opening remarks on the Agenda Item as provided to the Members of the Board. Chairperson Poe opened "Public Input". No one addressed the Board Members. Chairperson Poe closed "Public Input". Chairperson Poe remarked, "The Chair will entertain a Motion with regard to Item `501' as presented by Staff." "I MAKE A MOTION TO APPROVE." MOTION BY BOARD MEMBER WALKER. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-FEBRUARY 19,2013 (RESCHEDULED FROM FEBRUARY 5,2014) PAGE 6 OF 8 m" VOTE: BOARD MEMBER CASMAN: AYE CHAIRPERSON POE: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE `. - VICE-CHAIRPERSON HENDERSON: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department—Planning Division The Community Development Department — Planning Division Requests That The Local Planning Agency/Planning And Zoning Board Hold A Public Hearing To Consider Both The Small-Scale Future Land Use Map Amendment And Rezoning For Approximately 3.08 Acres, Generally Located North Of State Road 434, 1,000 Feet West State Road 419 As Described Within Ordinances 2014-04 And 2014-05. Mr. Woodruff presented the Agenda Item. There was brief discussion about the choice of`C-1' Zoning as opposed to `C-2' Zoning and Mr. Woodruff noted that the Developer, "Is not looking for a more intense type of commercial. He's going with the professional office so there's no need to go into the actual heavier commercial type of Uses." Chairperson Poe opened "Public Input". No one addressed the Board Members. Chairperson Poe closed "Public Input". "I MAKE A MOTION THAT WE APPROVE ORDINANCE 2014-04." MOTION BY BOARD MEMBER CASMAN. SECONDED BY VICE-CHAIRPERSON HENDERSON. DISCUSSION. VOTE: VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER CASMAN: AYE CHAIRPERSON POE: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-FEBRUARY 19,2013 (RESCHEDULED FROM FEBRUARY 5,2014) PAGE 7 OF 8 "I WOULD LIKE TO MAKE THE MOTION FOR APPROVAL OF 2014-05". MOTION BY CHAIRPERSON POE. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. VOTE: CHAIRPERSON POE: AYE VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER GASMAN: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. REGULAR AGENDA- PART II REGULAR 602. Not Used PUBLIC INPUT Chairperson Poe opened "Public Input Mr. Donald Gilmore, 803 Leopard Trail, Winter Springs, Florida: spoke about the Compatibility Ordinance and its affect on the Tuscawilla community and that a recent resident was granted a Permit for a front facing garage. Mr. Randy Stevenson, AICP, Director, Community Development Department explained to the Board Members that as a City we are unable to "Enforce Deed Restrictions or HOA (Homeowners Association) Restrictions. That has been the advice of our Attorney." Continuing, Mr. Stevenson said, "I'll go back to the Attorney's Office to see exactly what authority we do have. I can do that tomorrow or the first part of next week." Discussion ensued regarding homes that were denied Permits for front facing garages within the past five (5) years. Furthermore, Mr. Stevenson remarked that he will, "Talk to the City Attorney again. Please understand that several things work against us. One (1) is property rights. A lot of these are second and third owners and we also have a relatively new document called the Marketable Title Act which actually prevents, even if they could get the Votes, and again I am not an Attorney - my understanding and the way it has been explained to me is that the Marketable Title Act almost prevents going back in and putting in some of these older HOA (Homeowners Association) documents and Deed Restrictions because they don't want to have to trace it back. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY ... .4 REGULAR MEETING—FEBRUARY 19,2013 (RESCHEDULED FROM FEBRUARY 5,2014) PAGE 8 OF 8 At some point in time they want to arrive at a Marketable Title within a relatively few „ number of years. But, I will explore all of that with the City Attorney again and probably I'll report back to Don (Gilmore); I'll report to this body (Planning and Zoning Board/Local Planning Agency) next month." Dr. Ted Johnson, 1107 Pheasant Circle, Winter Springs, Florida: speaking as the President of the Tuscawilla Homeowners Association, Dr. Johnson explained that the Tuscawilla Homeowners Association has spent money seeking legal advice to bring back Deed Restrictions and at this point they are relying on the City to help them maintain the integrity of their community. Chairperson Poe explained that the Planning and Zoning Board/Local Planning Agency is a recommending body to the City Commission and that the City Commission makes all final determinations. Concluding the discussion, Mr. Stevenson noted that, "We have been told in no uncertain terms by the Attorney that we cannot enforce Deed Restrictions." Chairperson Poe closed "Public Input". ADJOURNMENT Chairperson Poe adjourned the Regular Meeting at 6:12 p.m. RESPECTFULLY SUBMITTED: SARAH HART DEPUTY CITY CLERK APPROVED: WILLIAM H. POE, CHAIRPERSON PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were Approved at the ,2014 Planning And Zoning Board/Local Planning Agency Regular Meeting.