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HomeMy WebLinkAbout2014 09 22 Public Hearing Item 503 First Reading, Ordinance 2014-21, Annexation Agreement COMMISSION AGENDA Informational Consent ITEM 503 Public Hearings X Regular September 22,2014 KL 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 the Annexation Agreement between the City of Winter Springs and Jennifer Thompson Truglia; and First Reading of Ordinance 2014-21, which proposes to voluntarily annex approximately 1.9 acres of property located at 715 North U.S. 17-92. SYNOPSIS: An application has been received by the Community Development Department which requests voluntary annexation of approximately 1.9 acres of property located at 715 North U.S. 17-92 (see Attachment A - Location Map). In accordance with an existing Interlocal Agreement between the City of Winter Springs and the City of Longwood, the requested annexation is the initial step in order for the applicant to procure water and sewer service from the City of Longwood at said address. (see Attachment B - Interlocal Agreement). CONSIDERATIONS: The applicant is petitioning the City to voluntarily annex approximately 1.9 acres of real property located at 715 North U.S. 17-92. Applicant—Jennifer Thompson Truglia on behalf of Carroll Thompson Location—715 North U.S. 17-92 Site Information—Existing quick lube/tire center business. Property Addresses - 715 North U.S. 17-92 Property Owners - Carroll Thompson Applicant Address - 715 North U.S. 17-92 Public Hearings 503 PAGE 1 OF 4-September 22,2014 Longwood, F132750 Property Appraiser Parcel I.D numbers - 26-20-30-5AS-01300-0010 Property Acreage - 1.9 acres Property Legal Descriptions - See 'Attachment C - Legal Description/Survey' Current Future Land Use - Seminole County "Mixed Development(MXD)" Proposed Future Land Use - City of Winter Springs "Commercial" Existing Zoning - Seminole County "Commercial (C-2)" Proposed Zoning - City of Winter Springs "Highway 17-92 Commercial District" (C-3) 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. Existing Land Uses — The applicant, Jennifer Thompson Truglia, on behalf of Carroll Thompson, is requesting voluntary annexation for 1.9 acres of property located at 715 North U.S. 17-92 which is presently within the unincorporated limits of Seminole County. The subject property currently is the home to the Transco quick lube/tire center and has a City of Longwood mailing address. In accordance with the Interlocal Agreement between the City of Winter Springs and City of Longwood, the requested annexation is the initial step in order for the applicant to procure Longwood water and sewer service. The surrounding area is generally characterized by the following land use and zoning categories. Existing Land Uses Zoning Future Land Use Subject Existing Transco Quick Seminole County Seminole County Properties Lube/Tire Center Commercial (C-2) Mixed Development (MXD) North Commercial - Seminole County Seminole County Econo Auto Painting Commercial (C-2) Mixed Development (MXD) South Vacant Seminole County Seminole County Commercial (C-2) Mixed Development (MXD) East Seven Oaks Single- City of Winter Springs City of Winter Public Hearings 503 PAGE 2 OF 4-September 22,2014 Family Development Planned Unit Springs Development(PUD) Medium Density Residential West Commercial - City of Longwood City of Longwood Boatwrench Inc. Infill and Mixed Use Infill and Mixed Use (IMU) (IMU) 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 City of Winter Springs does not have water, sewer, or reclaimed water service available at the subject property. The closest points of connection to existing City water and sewer facilities are on Florida Avenue, approximately 1,200 feet away from the subject property. Serving the subject property from the east, where the Seven Oaks subdivision is currently under construction, is not feasible due to the location of Boat Lake between Seven Oaks and the subject property. The subject property is currently designated "Mixed Development(MXD)" on the Seminole County Future Land Use Map. In addition, the subject property is currently designated "Commercial (C-2)" on the Seminole County Zoning Map. If the property is annexed, First Reading of the applicant's request for a Small Scale Comprehensive Plan Amendment changing the Future Land Use to City of Winter Springs "Commercial" and the request for Rezoning to City of Winter Springs "Highway 17- 92 Commercial District" (C-3) will then be considered by the City Commission under Item 504. Annexation Agreement In addition, the applicant has agreed to enter into an annexation agreement with the City (see Attachment D). The Interlocal Agreement states that Longwood shall require, as a precedent to providing water and sewer service, that the property owner enter into a voluntary annexation agreement with Winter Springs. At such time the annexation agreement is fully executed by the property owner and Winter Springs, Longwood may immediately proceed to provide water and sewer service to said property. Findings: In analyzing the annexation request, it appears that all statutory requirements related to voluntary annexation have been satisfied. FISCAL IMPACT: The requested annexation is the initial step in order for the applicant to procure water and sewer service from the City of Longwood. The surrounding area is generally characterized by auto oriented commercial businesses within both Seminole County, City of Longwood and the City of Winter Springs. Based upon the current taxable value of the property ($522,800), the additional tax revenue to the City as a result of this annexation is estimated at $1,328. Public Hearings 503 PAGE 3 OF 4-September 22,2014 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 August 8, 2014. In addition, a yellow sign noting the date and time of the public hearing has been erected on the property. The proposed Ordinance was advertised in the Orlando Sentinel on September 11, 2014 as depicted in Attachment F. The second consecutive legal ad will run in the Orlando Sentinel on September 18, 2014. RECOMMENDATION: The Community Development Department — Planning Division requests that the City Commission hold a Public Hearing to consider First Reading of both the Annexation Agreement and Annexation and make two (2) separate motions as follows: A. Approve First Reading of the Annexation Agreement between the City and Jennifer Thompson Truglia for property located at 715 North U.S. Highway 17-92 as stipulated within the Interlocal Agreement between the City of Winter Springs and the City of Longwood. B. Approve First Reading of Ordinance 2014-21, which proposes to voluntarily annex approximately 1.9 acres of property located at 715 North U.S. 17-92. ATTACHMENTS: A. Location Map B. Interlocal Agreement C. Legal Description D. Annexation Agreement E. Advertisement,Orlando Sentinel-September 11,2014 F. Ordinance 2014-21 G. Draft Minutes-September 3,2014 Planning&Zoning Board Public Hearings 503 PAGE 4 OF 4-September 22,2014 +1 a� V Y Y r 41 1 I DC w 12 O 1 � p I I C3 U ml W co UO IL �11 111 ti 1 Attachment"B" INTERLOCAL AGREEMENT CITY OF WINTER SPRINGS AND CITY OF LONGWOOD STATE ROAD 17-92 MUNICIPAL SERVICE AREA THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this 8th day of September, 2005, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (hereinafter "Winter Springs"), and the CITY OF LONGWOOD, a Florida Municipal Corporation(hereinafter"Longwood"). WITNESSETH: WHEREAS, the subject matter of this Interlocal Agreement is limited to the provision of water and sewer service and other municipal services along a certain part of the eastern side of State Road 17-92 which lies within the City of Winter Springs or between the City of Winter Springs and the City of Longwood; and WHEREAS, Winter Springs and Longwood recognize that due to the current configuration of their respective municipal boundaries and several pockets of unincorporated Seminole County areas along the eastern side of the S.R. 17-92 corridor, the provision of municipal services in an efficient and cost effective manner is very challenging and requires cooperation and joint planning between Winter Springs and Longwood; and WHEREAS,Winter Springs and Longwood share a common interest in ensuring, to the extent feasible, that municipal services are efficiently provided along the S.R. 17- 92 corridor in a cost effective manner; and Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 1 of 16 WHEREAS, Winter Springs and Longwood acknowledge that Longwood is presently better situated to provide more efficient and cost effective water and sewer services along the S.R. 17-92 corridor; and WHEREAS, Winter Springs and Longwood also acknowledge that Winter Springs is presently better situated to provide other municipal services in a more efficient and cost effective manner along the eastern side of the S.R.17-92 corridor;and WHEREAS, this Agreement is entered into pursuant to the general authority granted municipalities under the Florida Municipal Home Rule Powers Act and the Florida Interlocal Cooperation Act of 1969; and WHEREAS, the Florida Interlocal Cooperation Act of 1969 specifically encourages and permits local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of government organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act also specifically encourages the joint planning coordination between and among municipalities to facilitate and promote the adequate and efficient provision of municipal services;and WHEREAS, Section 180.19 (1), Florida Statutes, further authorizes municipalities to provide water and sewer services to other municipalities or property Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 2 of 16 owners within the limits of another municipality upon such terms and conditions as may be agreed between the municipalities and the owners of such outside property; and WHEREAS, Winter Springs and Longwood agree that this Agreement, and the joint planning concepts set forth herein, will best promote the public interest of both cities by reducing the possibility of future conflicts regarding the provision of municipal services in the area described in this Agreement; and WHEREAS, this Agreement also furthers the public policy of the State of Florida, established pursuant to Chapter 171, Florida Statutes, to eliminate enclaves and pockets of unincorporated areas that may cause a significant strain on the provision of municipal services. NOW THEREFORE, in consideration of the covenants and agreement hereinafter set forth, to be kept and performed by both`parties, Winter Springs and Longwood agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby fully incorporated herein by this reference. 2.0 Definitions. Unless the context clearly indicates otherwise,the following words and phrases shall have the meaning hereafter ascribed below: 2.1 "Agreement" shall mean this Interlocal agreement between the city of Winter Springs and the city of Longwood. 2.2 "Winter Springs"shall mean the city of Winter Springs, a Florida municipal corporation. 2.3 "Longwood"shall mean the city of Longwood, a Florida municipal Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 3 of 16 corporation. 2.4 "Service Area" shall mean the area along the eastern side of State Road 17-92 and more specifically defined on Exhibit"A." Exhibit "A" is hereby fully incorporated into this Agreement by this reference. 2.5"Gross Revenue"shall mean all gross revenues collected by Longwood for providing water and sewer service to properties located within the City of Winter Springs and within the Service Area including, but not limited to, all rates, fees, and charges authorized pursuant to Section 180.191, Florida Statutes, and the City of Longwood Code of Ordinances. 3.0 Procedure for Providing Water and Sewer Service. Prior to providing water and sewer service to a particular property within the Service Area, Longwood shall provide Winter Springs with written notice of its intent to provide such service. Upon receipt of said notice, Winter Springs shall promptly verify in writing that the property is subject to this Agreement and verify that the property is either located within the jurisdictional boundaries of the Winter Springs or unincorporated Seminole County. 3.1 Property in Winter Springs. If Winter Springs verifies that the property is located within the City of Winter Springs, Longwood may immediately proceed to provide water and sewer service to said property subject to the terms and conditions set forth in paragraph 4.0 of this Agreement. 3.2 Property in Unincorporated Seminole County. If Winter Springs Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 4 of 16 verifies that the property is located within unincorporated Seminole County, Longwood shall require, as a condition precedent to providing water and sewer service, that the property owner enter into a voluntary annexation agreement with Winter Springs. The annexation agreement shall be on a form proscribed by Winter Springs. At such time the annexation agreement is fully executed by the property owner and Winter Springs, Longwood may immediately proceed to provide water and sewer service to said property. At such time that Winter Springs completes any annexation subject to this Agreement, Winter Springs shall provide Longwood with written notice. Upon receipt of said notice, the annexed property shall be subject to the terms and conditions set forth in paragraph 4.0 of this Agreement. Notwithstanding the aforementioned, if Longwood is providing water and sewer service to a property within unincorporated Seminole County at the effective date of this Agreement, Longwood and Winter Springs agree to encourage the owner of said property to execute an annexation agreement with Winter Springs in furtherance of joint planning purposes set forth hereunder. 4.0 Properties within the City of Winter Springs., Winter Springs hereby consents and grants Longwood a limited franchise to provide water and sewer service to properties located both within the City of Winter Springs and the Service Area. This franchise shall grant Longwood the right to construct, operate, own, and maintain in existing and future rights-of-way,within the Service Area, the utility lines and equipment Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 5 of 16 deemed necessary for the proper operation and maintenance of the City of Longwood utility system to provide the water and sewer service authorized by this Agreement. Further, the franchise shall be strictly limited to those properties lying within the Service Area,and shall be subject to the following terms and conditions: 4.1 Optional Franchise Fee. For the privilege of providing water and sewer service within the corporate limits of the City of Winter Springs, Winter Springs reserves the right to impose a franchise fee, to the extent permitted by law, on the water and sewer services provided by Longwood under this Agreement. Should Winter Springs impose a franchise fee, the franchise fee shall be calculated based on the Gross Revenue collected by Longwood from each customer that receives water and sewer service. In addition, Longwood agrees to pay the franchise fee to Winter Springs on a monthly basis unless otherwise provided by law. In a manner acceptable to both parties, Longwood shall provide Winter Springs a written monthly accounting, by customer, of the franchise fee and the Gross Revenues collected in the City of Winter Springs. Any franchise fee imposed pursuant to this paragraph shall not apply to water and sewer services provided by Longwood within unincorporated Seminole County. 4.2 Municipal Public Service Tax. To the extent permitted by law, including Section 166.231, Florida Statutes, Winter Springs reserves the right to impose a municipal public service tax on all water services Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 6 of 16 provided by Longwood within the corporate limits of Winter Springs. Additionally, should the current law change and authorize Winter Springs to impose a municipal public service tax on sewer service, Winter Springs shall have the right to impose such tax to the extent permitted by law and the provisions of this paragraph shall also apply to such taxes imposed on sewer service. All such taxes imposed under this Agreement shall be collected by Longwood at the time of the payment for such services by the customer. Longwood shall remit the taxes collected to Winter Springs on a monthly basis unless otherwise provided by law. Longwood acknowledges that at the effective date of this Agreement, Winter Springs currently imposes a ten percent (10%) municipal public service tax on all water service provided within the City of Winter Springs and Longwood agrees that it shall impose and collect such tax on all properties within the City of Winter Springs that are subject to this Agreement. Any municipal public service tax imposed pursuant to this paragraph shall not apply to water and sewer services provided by Longwood within unincorporated Seminole County. 4.3 Rates. All rates, fees, and charges imposed on water and sewer customers by Longwood shall comply with Section 181.191, Florida Statutes and other applicable laws. Longwood shall provide Winter Springs with at least ten (10) days written notice of any proposed change in water and sewer rates, fees, and charges. Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 7 of 16 4.4 Other Municipal Services. Winter Springs shall provide all other municipal services to the Service Area including, but not limited to, police, fire, code enforcement,planning and zoning, stormwater, and solid waste services. 4.5 Winter Springs' Option to Purchase. Upon termination of this Agreement, Winter Springs shall have the right to purchase Longwood's water and sewer utility infrastructure, and customers serviced thereby, located within the municipal boundaries of the City of Winter Springs under the terms and conditions set forth herein. In order to exercise this option, Winter Springs must provide Longwood written notice of its intent to purchase said infrastructure and customers. Said notice must be received at such time the parties mutually terminate this Agreement or within ninety (90) days prior to the term of this Agreement expiring in accordance with paragraph 9.0. Otherwise, if timely notice is not provided, the option shall expire and be of no further force and effect. If said notice is timely given, Longwood and Winter Springs shall meet, to the extent reasonably necessary, to determine the terms and conditions of the sale of said utility infrastructure including, but not limited to, the purchase price for such facilities based upon the fair market value of Longwood's water and sewer utility which is operating within the City of Winter Springs pursuant to this Agreement, the closing date, and the orderly transfer of customers. Upon final determination of the terms and Interlocal Agreement City of Winter Springs and City of Longwood S.& 17-92 Service Area Page 8 of 16 conditions of the sale and unless a different closing date is mutually agreed to in writing by the parties, the parties shall close on the purchase, and transfer of the infrastructure and customers, within three hundred and sixty(360) days of Winter Springs written notice of intent to purchase said infrastructure and customers. Longwood reserves the right to increase the sale price sixty (60) days prior to closing for any improvements to the infrastructure made by Longwood. The increase to the sale price shall be based only on the actual cost of the infrastructure (labor and materials). Longwood will make only those improvements as it would make in the ordinary course of its business or as directed by the agencies regulating Longwood's operation. If Winter Springs fails to close the purchase within the time frame set forth herein, Longwood shall have the right to terminate the sale and Winter Springs' option to purchase shall expire and be of no further force and effect. 5.0 Conditions Precedent. All rights, obligations and liabilities of the parties under this Agreement shall be subject to the satisfaction of the following conditions precedent: 5.1 The complete execution of this Agreement by the parties. 5.2 The approval of this Agreement by both the City Commission of Winter Springs,Florida and the City Commission of Longwood,Florida. Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 9 of 16 5.3 The Agreement being filed with the Clerk of the Circuit Court in and for Seminole County,Florida,pursuant to Section 163.01(11),Florida Statutes. 6.0 Representations of Winter Springs. Winter Springs makes the following representations to Longwood: 6.1 Winter Springs is duly organized and in good standing under the laws of the State of Florida, and is duly qualified and authorized to carry on the governmental functions and operations set forth in this Agreement. 6.2 Winter Springs has the power, authority and legal right to enter into and perform the obligations set forth in this Agreement, and the execution, delivery and performance hereof by Winter Springs, (i) has been duly authorized by the City Commission of Winter Springs; (ii) does not constitute a default under, or result in the creation of any lien, charge, encumbrance or security interest upon the assets of Winter Springs, except as otherwise provided herein. 7.0. Representations of Longwood. Longwood makes the following representations to Winter Springs: 7.1 Longwood is duly organized and in good standing under the laws of the State of Florida, and is duly authorized to carry on the governmental functions and operations set forth in this Agreement. 7.2 Longwood has the power,authority,and legal right to enter into and Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 10 of 16 perform the obligations set forth in this Agreement, and the execution, delivery and performance hereof by Longwood (i) has been duly authorized by the City Commission of Longwood; (ii) does not constitute a default under, or result in the creation of any lien, charge, encumbrance or security interest upon the assets of Longwood, except as otherwise provided herein. 8.0 Recordation. This Agreement shall be considered an Agreement pursuant to Section 163.01, Florida Statutes. A true and correct copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Seminole County, Florida, by Winter Springs and Winter Springs shall provide Longwood with a recorded copy of the Interlocal Agreement upon receipt from the Clerk of the Circuit Court. 9.0 Term. The term of this Agreement shall be for thirty (30) years, unless sooner terminated by mutual written Agreement of Winter Springs and Longwood. By mutual agreement, Longwood may renew this Agreement for an additional thirty (30) year term. 10.0 Notices. All notices and correspondence shall be(i) hand delivered (with signed acknowledgment of receipt or affidavit of delivery), (ii) delivered by registered or certified mail, return receipt requested, or(iii) delivered by overnight carrier with signed acknowledgment of receipt. All such notices and correspondence shall be sent to the respective parties, with copies forwarded to their agents or attorneys, at the addresses set forth below or at such other addresses as the parties hereto shall designate to each other in writing. Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 11 of 16 (a)if to Winter Springs: CITY OF WINTER SPRINGS Attention City Manager 1126 East State Road 434 Winter Springs,FL 32708 Telephone: 407-327-5957 Facsimile: 407-327-7575 (b) if to Longwood: CITY OF LONGWOOD Attention City Manager 175 West Warren Avenue Longwood,Florida 32750 Telephone: 407-260-3440 Facsimile: 407-260-3419 Any notice or demand so given, delivered or made by United States Mail, shall be deemed so given, delivered or made three (3) days after the same is deposited in the United States mail, registered or certified, return receipt requested, addressed as above provided, with postage thereon prepaid. Any such notice, demand or document hand delivered or made by overnight carrier shall be deemed to be given, delivered or made upon delivery(or attempted delivery, if deliver is not accepted) of the same at the address where the same is to be given, delivered or made. 11.0 Severability. It is further understood and agreed that in the event any provision of this Agreement shall be adjudged, decreed,held, or ruled to be invalid, such provision or a portion thereof shall be deemed severable, and it shall not invalidate or impair the agreement as a whole or any other provision of the Agreement. 12.0 Non-Waiver. No covenant, term, condition (or breach thereof), shall be deemed waived, except by written consent of the party against whom the waiver is claimed. A waiver of any covenant, term, or condition (or breach thereof), shall not be deemed to be a waiver of any other covenant,term or condition(or breach thereof). Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 12 of 16 13.0 Captions. Captions and headings in this Agreement are for convenience only and shall not be relied upon in construing the meaning of this Agreement or any of its provisions. 14.0 Choice of law: Venue. This Agreement has been made and entered into in the State of Florida, County of Seminole, and the laws of such state shall govern the validity and interpretation of this Agreement and the performance due hereunder. The parties agree that venue shall be exclusively in Seminole County, Florida, for all state disputes or actions which arise out of or are based upon this Agreement, and in Orlando, Florida, for all federal disputes or actions which arise out of or are based upon this Agreement. 15.0 InteEration. The drafting, execution, and delivery of this Agreement by the parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. The parties agree that they have both contributed equally to the drafting of this Agreement and this Agreement shall not be construed more favorably against the other in the event of any conflict with regards to the terms and conditions used herein. 16.0 Attorneys Fees. In the event that any party brings suit to enforce any of the provisions of this Agreement, each party agrees to bear its own costs and expenses of Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 13 of 16 such action including, but not limited to, reasonable attorney's fees, whether at settlement,trial,post judgment, or an appeal. 17.0 Indemnification. To the extent permitted bylaw,and without waiving sovereign immunity, each party to this Agreement shall be responsible for any and all claims, demands, suites, actions,damages, and causes of action related to or arising out of or in any way connected with its own actions and omissions, and the actions and omissions of its personnel, in performing its obligations pursuant to the terms and conditions of this Agreement. 18.0 Sovereign Immunity.Nothing contained in this Agreement shall be construed as a waiver of Winter Springs's or Longwood's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on their potential liability under state or federal law. 19.0 Assignment Prohibited: Third Parties. Assignment of this Agreement is strictly prohibited. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than Winter Springs and Longwood, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Winter Springs and Longwood and not for the benefit of any other party. IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals this day and year first above written. {Signature Page Follows} Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 14 of 16 CITY qVVNTIM SPRINGS,FLORIDA By: = Jo F.Bush,Mayor ATtE By nzo-Luace s,City Clerk AS RM AND SUFFICIENCY: BY: Anthony A. Garganese,City Attorney CITY OF LONGWOOD,FLORIDA By: H.G. "Butch"Bundy,M or ATTEST: By. . Sarah Mijares,City Clerk AS TO LEGAL FORM AND SUFFICIENCY: BY: RicharFISylor, City rney Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 15 of 16 1110 a 0 MM ago M a E ■ MEN I Polizan Lake Park IN 111 � . : _ fir, � MEN mom gill B-Dat ak 11111MININ milli INN 0 NINON Hill ■ Lake way man 11111 =0 milli room so■ k. n-1316W)f Par It s ATION 17 !�rW =11V Winter-Springv-Gal 0 mom MI MOMMEN1 ME@ low INN La- IS mom Lake Irene F� v Lu - r q1-im W-h"Y -v 14 +417714- 4-.." tT- m6-- 1-77-77-7-7 F-7-7----------I MEW-- T7 L 7� ILLLLL]'it 111MIN 111111101,111, TTI L LIL FT L II---------- rL FT LLLLJ 7----AVI' 1 1 -®' &minok-Couni�Prop!!�y,�pprai!�r-C�pyr�EJC) Utility Service Area Annexation Limits AT - BEL-AIRE HQNIE� ,.. SAX Q� ?.wccwa•.we*_._ `�=T' 7 - `W OR Lrft - Attachment "C'scims { I a M .. 041 E[ I _ D tl, RE SE " Ito r- NCNIi1CH,1 nOTr� CERTIFIED CORRECT CARTER,V AYi.115, SAND SuRV«Un 6J6` ,(MORE Rot _ DAiE A,NIEM PARK"LOMOA �lG iA VEYdI NO -�—_ 130% 647-754 - FILE NO. Attachment"D" CITY OF WINTER SPRINGS STATE ROAD 17-92 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT is made this day of , 2014, by and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation("City"),whose address is1126 East State Road 434, Winter Springs, Florida 32708, and JENNIFER THOMPSON TRUGLIA, whose address is 715 N. Highway 17-92,Longwood, Florida 32750 ("Owner"). RECITALS: WHEREAS, Owner acknowledges and agrees that Owner has made a request for water and/or sewer service in accordance with that certain Interlocal Agreement entered into by the City of Winter Springs and the City of Longwood, dated September 8, 2005. Said Interlocal agreement is recorded in the Official Records of Seminole County, Florida in Official Records Book 6086, Pages 906-921 ("Interlocal Agreement"); and WHEREAS, Owner acknowledges and agrees that the Interlocal Agreement generally provides for the orderly provision of municipal services in an area identified in the Interlocal Agreement as the State Road 17-92 Municipal Service Area; and WHEREAS,the City, acting by and through the Interlocal Agreement adopted by the City Commission, has under consideration a request by the Owner for sewer and/or water service to be provided by the City of Longwood to lands owned by the Owner and located outside of the City of Winter Spring's municipal limits,said lands("Property")being more fully described in Exhibit"A", which is attached hereto and made a part hereof by reference; and WHEREAS, pursuant to the Interlocal Agreement, in order to obtain sewer and/or water service from the City of Longwood, the Owner must enter into a binding agreement to annex the Property at such time as the City of Winter Springs may determine, by law, that it is in the best interests of the City to annex the Property into the City of Winter Springs; and WHEREAS,the parties hereto wish to set forth herein their respective intentions as concerns annexation and the duties, and obligations, and privileges resulting therefrom; and WHEREAS, Owner acknowledges and agrees that the Cities of Winter Springs and Longwood could suffer a loss of revenue and would be unable to ensure adequate services to its own residents if Owner were to receive sewer and/or water service from the City of Longwood without the condition of executing this State Road 17-92 Annexation Agreement; and WHEREAS,the Owner acknowledges that the condition of executing this State Road 17-92 Annexation Agreement prior to obtaining sewer and/or water service from the City of Longwood is a reasonable and lawful condition. Allen's Creek Properties, Inc. v. City of Clearwater, 679 So. 2d 1172 (Fla. 1996). NOW,THEREFORE,in consideration of the mutual covenants herein contained and other good and valuable consideration passing between the parties hereto,receipt and sufficiency of which is hereby acknowledged, be it agreed and committed as follows: 1. Recitals. The parties agree that the foregoing recitals are true and correct and are hereby fully incorporated into this SR 17-92 Annexation Agreement by this reference. 2. Irrevocable Offer/Effective Date/Termination. Upon execution of this State Road 17-92 Annexation Agreement by the Owner and delivery to the City of Winter Springs,Owner shall be deemed to have irrevocably petitioned the City of Winter Springs for annexation. This SR 17-92 Annexation Agreement shall become effective upon execution by both parties and shall remain in effect until the Property is actually annexed into the City of Winter Springs. 2 3. Water and Sewer Service. Water and/or sewer service shall be provided to the Property by the City of Longwood in accordance with the terms and conditions set forth in the Interlocal Agreement and any applicable sewer and/or water connection guidelines adopted by the City of Longwood. Owner shall comply with all applicable City of Longwood policies, whether written or otherwise,regarding the connection to, and use of,the City of Longwood's sewer and/or water system. The City of Longwood shall have the right to inspect any and all sewer and/or water lines and appurtenances installed by Owner to connect to the City of Longwood's sewer and/or water system. Owner agrees to pay any and all sewer and/or water fees, charges, assessments, and other costs adopted by the City of Longwood and/or City of Winter Springs which directly or indirectly relate to the connection to,and use of,the City of Longwood's sewer and/or water system. For purposes of this paragraph, Owner agrees that the City of Longwood is a third party beneficiary to Owner's obligations hereunder. 4. Annexation. At such time the Property should ever become eligible for annexation, the Owner hereby consents to the annexation of the Property by, and to,the City of Winter Springs. Notwithstanding any other provision of this State Road 17-92 Annexation Agreement,the decision as to whether annexation of the Property is in the best interests of the City of Winter Springs, and should be accomplished under this State Road 17-92 Annexation Agreement, shall be made according to the sole and absolute discretion of the Commission of the City of Winter Springs. Nothing in this SR 17-92 Annexation Agreement shall be construed to create a binding obligation on the City to annex the Property at any time. Eligibility for annexation shall be determined by the City of Winter Springs in accordance with Chapter 171,Florida Statutes, the Charter of the City of Winter Springs, and such ordinances 3 as adopted by the Commission of the City of Winter Springs. A determination by the City of Winter Springs that the Property is eligible for annexation shall be binding on the Owner. Owner hereby waives any right to object to, or appeal,the City of Winter Spring's decision to annex the Property. Furthermore, Owner hereby agrees not to register any written or verbal opposition to the City of Winter Spring's annexation of the Property. 5. Annexation Petition. Upon request by the City ofWinter Springs,the Owner agrees to execute any and all reasonable instruments to effectuate the annexation of the Property, providing the City has determined, in its sole and absolute discretion, the Property is eligible for annexation. The Owner shall have five (5) calendar days to execute the instruments necessary to annex the Property into the City of Winter Springs. In the event the Owner fails or refuses to execute the instruments, this SR 17-92 Annexation Agreement shall constitute the required Petition for Annexation pursuant to Chapter 171,Florida Statutes. Notwithstanding,the City of Winter Springs shall be authorized to solely rely on this State Road 17-92 Annexation Agreement as a valid voluntary annexation petition or an involuntary annexation consent form. 6. Zoning And Comprehensive Plan Designations For Annexed Property. The City agrees that the Commission of the City of Winter Springs shall initially consider annexing the Property with substantially similar and comparable zoning and comprehensive plan land use designations as imposed by Seminole County upon the Property at the time of annexation, or as altered by application of the Owner. The City zoning and comprehensive plan land use designation shall be considered by the Commission for approval, disapproval, or modification pursuant to applicable state and local law. In no way whatsoever shall this paragraph be construed as a 4 contractual obligation of, or promise by,the City to give the Property a predetermined City zoning and comprehensive plan land use designation. 7. Compliance With Laws and Regulations. Owner shall comply with all requirements of federal, state, and local laws, rules, regulations, standards, and/or ordinances applicable to the annexation and sewer and/or water services under this SR 17-92 Annexation Agreement. For purposes of this paragraph,local laws include,but are not limited to,all ordinances, rules, and regulations of the City relating to annexation regardless of the fact the Property, while located outside of the City boundaries, is not technically under the jurisdiction of the City, as well as local laws adopted by the City of Longwood regarding the provision of sewer and/or water services. Owner and City agree that all such City Ordinances, rules, and regulations, as may be amended or adopted from time to time, are hereby fully incorporated into this State Road 17-92 Annexation Agreement by this reference. 8. Owner's Representations and Warranties. Owner represents and warrants that Owner has full power and authority to enter into this SR 17-92 Annexation Agreement,that the undersigned is vested with full authority to execute this SR 17-92 Annexation Agreement on behalf of Owner, and that upon execution of this SR 17-92 Annexation Agreement the same will be fully binding and enforceable according to its terms. 9. Recordation. The Owner agrees and consents that this SR 17-92 Annexation Agreement shall be recorded in the office of the Clerk of Circuit Court in and for Seminole County, Florida, and that all costs of recording shall be paid by the Owner. 5 10. Binding Effect. Both parties agree to sign all papers necessary to carry out the foregoing SR 17-92 Annexation Agreement. The provisions of this Annexation Agreement shall be binding upon the heirs, personal representatives, successors and assigns of the respective parties. 11. Attorneys' Fees. In the event of litigation arising out of or relating to this Annexation Agreement, the prevailing party shall, to the extent permitted by law, be entitled to recover all its reasonable expenses, including attorneys' fees, costs, and other expenses reasonably and necessarily incurred,through all administrative,trial,post judgment,and appellate proceedings, to the extent permitted by law. 12. Counterparts. This Annexation Agreement may be executed in several counterparts and each counterpart shall constitute an original. 13. Headings. All headings in this Annexation Agreement are for convenience only and shall not be used to interpret or construe its provisions. 14. Severability. If a word, sentence, or paragraph herein shall be declared illegal, unenforceable,or unconstitutional,the said word,sentence,or paragraph shall be severed from this Annexation Agreement, and this Annexation Agreement shall be read as if said illegal, unenforceable, or unconstitutional word, sentence, or paragraph did not exist. 15. Waiver. Failure of the City to insist upon performance within any time period or upon a proper level or quality of performance shall not act as a waiver of the City's right to later claim a failure to perform on the part of the Owner. 16. Governing Law/Jurisdiction. The parties hereto agree that the state or federal courts located in the State of Florida shall have the exclusive jurisdiction over the parties and the subject matter of any litigation between the parties arising hereunder. For purposes of state court 6 action,venue shall lie in Seminole County,Florida, and for purposes of federal court action,venue shall lie within Orlando, Florida. 17. Notices. All notices of any type hereunder shall be given by U.S. mail or by hand delivery to an individual authorized to receive mail for the below listed individuals, all to the following individuals at the following locations: TO THE CITY: City of Winter Springs City Manager City of Winter Springs City Hall 1126 East State Road 434 Winter Springs, Fl. 32708-2799 Phone: 407-327-1800 Fax: 407-639-7575 TO THE Owner: Jennifer Thompson Truglia 715 N. Highway 17-92 Longwood, Florida 32750 Notice shall be deemed to have been given and received on the date the notice is physically received if given by hand delivery, or if notice is given by first class U.S. mail,postage prepaid,then notice shall be deemed to have been given upon the date said notice was deposited in the U.S. Mail addressed in the manner set forth above. Any party hereto by giving notice in the manner set forth herein may unilaterally change the name of the person to whom notice is to be given or the address at which notice is to be received. 18. Drafting. City and Owner each represent that they have both shared equally in drafting this Annexation Agreement and no parry shall be favored or disfavored regarding the interpretation of this Annexation Agreement in the event of a dispute between the parties. 19. Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, or other limitations imposed on the City's potential 7 liability under state or federal law. As such, the City shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further,the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). This paragraph shall survive termination of this Agreement. 20. Modification. This SR 17-92 Annexation Agreement shall only be modified by a written instrument executed by the parties hereto or any successors, assigns, heirs, or representatives thereto. IN WITNESS WHEREOF,the parties hereunto set their hands and seals the day and year first above written. [Signature Page Follows] 8 Signed, Sealed and Delivered in the presence of.- Print Name: JENNIFER THOMPSON TRUGLIA Print Name: STATE OF FLORIDA COUNTY OF SEMINOLE I hereby certify that the foregoing instrument was acknowledged before me this day of ,2014,by JENNIFER THOMPSON TRUGLIA, ❑ who is personally known to me, or ❑ who has produced as identification. NOTARY PUBLIC ATTEST: CITY OF WINTER SPRINGS,FLORIDA: By: ANDREA LORENZO-LUACES CHARLES LACEY, Mayor City Clerk 9 { El OF P MmERGIN f EF IN Y d t J f ) F t 3t 23 t 3 I s P f Std FF yr If 1 z 4-g �r EP i # .: y u N i { S tor —WILL, HELD r�rt� c�c�0 a FT,SMOGS Otte { fi EAV X ROAD f ft fF 1�"fE� r fern rF €f€ EMO ?Its�r�{"� r a fx r 6-00- y agid r € a ads ms`s fs Bur Attachment "F" ORDINANCE NO. 2014-21 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING ONE (1) PARCEL OF LAND COMPRISING APPROXIMATELY 1.98 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED AT 715 NORTH HIGHWAY 17- 92, LONGWOOD; 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. City of Winter Springs Ordinance No. 2014-21 Page 1 of 3 NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS,AS FOLLOWS: 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. City of Winter Springs Ordinance No. 2014-21 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of 12014. Charles Lacey, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2014-21 Page 3 of 3 SCPA Parcel View:28-20-30-5AS-OB00-0010 Page I oj•2 n,_ Cl Jc>tvn- n.G1,, Property Record Card EXHIBIT "A" ROPERTY Parcel: 28-20-30-5AS-0B00-0010 P APPRAISER Owner:THOMPSON YOLANDO TRUSTEE FBO t COK A •`tC-4110A Property Address: 715 N 17-92 HWY LONGWOOD,FL 32750-3261 - --_.-- —� --------------— -------- ----- -- Parcel:28-20-30-5AS-OB00-0010 value summary Property Address: 715 N 17-92 HWY 2014 Working 2013 Certified Owner:THOMPSON YOLANDO TRUSTEE FBO Values Values Mailing:715 N HWY 17-92 Valuation Method Cost/Market Cost/Market LONGWOOD,FL 32750 Subdivision Name:OAK GROVE PARK Number of Buildings 2 2 Tax District:04-COUNTY-17-92 REDVDST Depreciated Bldg Value $299,087 $292,823 Exemptions: Depreciated EXFT Value $11,474 $11,474 DOR Use Code:2602-QUICK LUBE/rIRE CENTER Land Value(Market) $212,239 $212,239 and Value At Value �1 { $522,800 $516,536 t. Portability Adj - Save Our Homes Adj $0 $0 z _: Amendment 1 Adj $0 $0 Q Assessed Value $522,800 $516,536 I ' Tax Amount without SOH: $8,267.16 V 2013 Tax Bill Amount $8,267.16 B o a r L a k e Tax Estimator Save Our Homes Savings: $0.00 *Does NOT INCLUDE Non Ad Valorem Assessments I Legal Description — LEG LOTS 1+2 BLK B OAK GROVE PARK PS 7 PG 83 Taxes Taxing Authority Assessment Value Exempt Values Taxable Value County General Fund $522,800 $0 $522,800 Schools $522,800 $0 $522,800 Fire $522,800 $0 $522,800 Road District $522,800 $0 $522,800 SJWM(Saint Johns Water Management) $522,800 $0 $522,800 County Bonds $522,800 $0 $522,800 Sales - Description Date Book Page Amount Qualified Vac/Imp WARRANTY DEED 4/1/2007 06669 1995 $100 No Improved WARRANTY DEED 12/1/2005 06057 0218 $325,000 No Improved WARRANTY DEED 2/1/1987 01819 0391 $100 No Vacant WARRANTY DEED 7/111986 01748 1578 $150,000 Yes Vacant Find Comparable Sales wdhin this Subdivision Land Method Frontage — Depth Units Units Price Land Value SQUARE FEET 0 0 30317 $7.00 $212,219 ACREAGE 0 0 1.985 $10.00 $20 Building Information http://www.scpafl.org/ParcelDetaillnfo.aspx?PID=2820305ASOB000O 10 7/28/2014 Attachment"G CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING SEPTEMBER 3, 2014 CALL TO ORDER The Regular Meeting of Wednesday, September 3, 2014 of the Planning And Zoning Board/Local Planning Agency was called to Order at 5:30 p.m. by Chairperson Bob Henderson in the Commission Chambers of the Municipal Building(City Hall, 1126 East <( State Road 434, Winter Springs, Florida 32708). We Roll Call: Chairperson Bob Henderson,present Vice-Chairperson Howard Casman, present Board Member Sarah Miller,present Board Member Bart Phillips, arrived at 5:33 p.m. Board Member Suzanne Walker,present Assistant to the City Clerk Sean Beaudet, present A moment of silence was followed by the Pledge of Allegiance. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA INFORMATIONAL 200. Not Used PUBLIC INPUT Chairperson Henderson opened "Public Input". No one addressed the Planning and Zoning Board/Local Planning Agency. Chairperson Henderson closed "Public Input". CITY OF WINTER SPRINGS,FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING-SEPTEMBER 3,2014 PAGE 2 OF 5 CONSENT AGENDA CONSENT 300. Office Of The City Clerk The Office Of The City Clerk Requests That The Planning And Zoning Board/Local Planning Agency Review And Approve The Wednesday, August 6, 2014 Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes. "I MAKE A MOTION WE APPROVE THE MINUTES OF THE LAST MEETING." MOTION BY VICE-CHAIRPERSON CASMAN. SECONDED BY BOARD MEMBER WALKER.DISCUSSION. VOTE: CHAIRPERSON HENDERSON: AYE VICE-CHAIRPERSON CASMAN: AYE BOARD MEMBER MILLER: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. 400. REPORTS No Reports were given. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department—Planning Division The Community Development Department — Planning Division Requests That The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing To Consider Ordinance 2014-21, Which Proposes To Annex 1.9 Acres Of Property Located At 715 North U.S. 17/92. Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department presented the Agenda Item and noted the property would be receiving utilities from the City of Longwood; however, the property must be Annexed into the City of Winter Springs for service to begin per an Interlocal Agreement. It was mentioned also that the property is currently receiving water from a well. Chairperson Henderson opened "Public Input". No one spoke. Chairperson Henderson closed "Public Input". CITY OF WINTER SPRINGS,FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-SEPTEMBER 3,2014 PAGE 3 OF 5 Board Member Bart Phillips arrived at 5:33 p.m. "I MAKE A MOTION TO APPROVE" MOTION BY BOARD MEMBER WALKER. SECONDED BY BOARD MEMBER MILLER. DISCUSSION. VOTE: VICE-CHAIRPERSON CASMAN: AYES BOARD MEMBER MILLER: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE CHAIRPERSON HENDERSON: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department—Planning Division The Community Development Department — Planning Division Requests That The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing To Consider Both The Small-Scale Future Land Use Map Amendment And Rezoning For Approximately 1.9 Acres Of Property Located At 715 North U.S. 17/92, As Described Within Ordinances 2014-22 And 2014-23. This Agenda Item was presented by Mr. Woodruff who commented that the request from the Applicant included a Rezoning of the property to a "C-3" (U.S. Highway 17/92 Commercial) District; and that the property "Was found to be consistent with the surrounding area, which is generally characterized by highway, commercial businesses there along (U.S. Highway) 17/92. Furthermore, the City created the `C-3' Zoning designations specifically for properties like this one, which front directly on U.S. (Highway) 17/92." Lastly, Mr. Woodruff requested two (2) separate Motions for approval of Ordinances 2014-22 and 2014-23. Chairperson Henderson opened "Public Input". No one spoke. Chairperson Henderson closed "Public Input". "I MAKE A MOTION WE APPROVE ORDINANCE 2014-22, AS DESCRIBED BY STAFF." MOTION BY VICE-CHAIRPERSON GASMAN. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-SEPTEMBER 3,2014 PAGE 4 OF 5 VOTE: BOARD MEMBER MILLER: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE CHAIRPERSON HENDERSON: AYE VICE-CHAIRPERSON CASMAN: AYE MOTION CARRIED. ., "I MAKE A MOTION WE APPROVE ORDINANCE 2014-23, AS DESCRIBED BY STAFF." MOTION BY VICE-CHAIRPERSON CASMAN. SECONDED BY BOARD MEMBER MILLER. DISCUSSION. Chairperson Henderson opened "Public Input". No one addressed the Planning and Zoning Board/Local Planning Agency. Chairperson Henderson closed "Public Input". VOTE: BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE CHAIRPERSON HENDERSON: AYE VICE-CHAIRPERSON CASMAN: AYE BOARD MEMBER MILLER: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used PUBLIC INPUT Chairperson Henderson opened "Public Input". No one spoke. Chairperson Henderson closed "Public Input". CITY OF WINTER SPRINGS,FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING—SEPTEMBER 3,2014 PAGE 5 OF 5 ADJOURNMENT Chairperson Henderson adjourned the Regular Meeting at 5:38 p.m. RESPECTFULLY SUBMITTED: z SEAN BEAUDET ASSISTANT TO THE CITY CLERK APPROVED: BOB HENDERSON, 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.