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Home My WebLink About2019 05 13 City Commission Regular Meeting Agenda CITY COMMISSION REGULAR MEETING AGENDA MONDAY, MAY 13, 2019 AT 6:30 PM CITY HALL - COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA CITY COMMISSION AGENDA | REGULAR MEETING | MONDAY, MAY 13, 2019 | PAGE 2 OF 4 CALL TO ORDER Roll Call Invocation Pledge of Allegiance Agenda Changes AWARDS AND PRESENTATIONS 100. Presentation of Resolution 2019-08 to Kevin Smith 101. Presentation of Resolution 2019-09 to Kevin Brunelle 102. Recognition of the Winter Springs High School Softball Team, their Coach, Mark Huaman, and their undefeated regular season (24-0) 103. Presentation from the Daughters of the American Revolution to the City and Tuscawilla Homeowners Association INFORMATIONAL AGENDA 200. Current Development Projects Update Attachments: Project Map 201. Trafﬁc Safety Management Devices Attachments: Trafﬁc Safety Devices Flyer PUBLIC INPUT Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to ﬁll out a “Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or homeowners' associations shall limit their comments to ﬁve (5) minutes, unless otherwise determined by the City Commission. CONSENT AGENDA 300. Resolution 2019-10 in recognition of former Ofﬁcer James Flannigan’s service to the City of Winter Springs Attachments: Resolution 2019-10 301. Surplus Assets Attachments: Surplus Asset Final List CITY COMMISSION AGENDA | REGULAR MEETING | MONDAY, MAY 13, 2019 | PAGE 3 OF 4 302. Tuskawilla Crossings Phase 2 Plat Attachments: Exhibit A – Plat 303. Tuskawilla Crossings Phase 2 Final Site Acceptance Attachments: Exhibit A - Punch List 304. Ocean Bleu Plat Attachments: Exhibit A – Plat 305. Minutes from the Monday, April 15, 2019 City Commission Workshop Attachments: Minutes 306. Minutes from the Monday, April 22, 2019 City Commission Regular Meeting Attachments: Minutes PUBLIC HEARINGS AGENDA 400. Second Reading of Ordinance 2019-07 regarding prohibited noise disturbances in residential areas Attachments: Ordinance 2019-07 Legal Advertisement 401. Second Reading of Ordinance 2019-08 regarding the regulation of construction site management Attachments: Ordinance 2019-08 Legal Advertisement 402. First Reading of Ordinance 2019-09 regarding the Application, Notice, and Review Criteria Procedures for Special Zoning Permits Attachments: Ordinance 2019-09 Exhibit A REGULAR AGENDA 500. 2018 Comprehensive Annual Financial Report Attachments: 2018 CAFR [EXTERNAL LINK] McDirmit Davis Letter to Commission CITY COMMISSION AGENDA | REGULAR MEETING | MONDAY, MAY 13, 2019 | PAGE 4 OF 4 REPORTS 600. City Attorney Anthony A. Garganese, Esquire 601. Interim City Manager Shawn Boyle 602. City Clerk Andrea Lorenzo-Luaces, MMC 603. Seat Two Commissioner/Deputy Mayor Kevin Cannon 604. Seat Three Commissioner Ted Johnson 605. Seat Four Commissioner TiAnna Hale 606. Seat Five Commissioner Geoff Kendrick 607. Mayor Charles Lacey 608. Seat One Commissioner Jean Hovey PUBLIC INPUT Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to ﬁll out a “Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or homeowners' associations shall limit their comments to ﬁve (5) minutes, unless otherwise determined by the City Commission. ADJOURNMENT PUBLIC NOTICE This is a Public Meeting, and the public is invited to attend and this Agenda is subject to change. Please be advised that one (1) or more Members of any of the City's Advisory Boards and Committees may be in attendance at this Meeting, and may participate in discussions. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of Winter Springs at (407) 327-1800 "at least 48 hours prior to meeting, a written request by a physically handicapped person to attend the meeting, directed to the chairperson or director of such board, commission, agency, or authority" - per Section 286.26 Florida Statutes. "If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based" - per Section 286.0105 Florida Statutes. TITLE Current Development Projects Update SUMMARY PROPOSED DEVELOPMENT PROJECTS PROJECT NAME LOCATION LAST ACTION ITEM CURRENT STATUS AITC Office Building 863 N US 17-92 N/A Final Engineering & Aesthetic Plans are under Staff review. Winter Springs Medical Office E SR 434 – West of Hacienda Dr. N/A Final Engineering Plans are under Staff review. Aesthetic Plans are being prepared. Beazer Homes Senior (55+) Condominium Project (The Gatherings at Winter Springs- 108 Units) Town Center - West side of Tuskawilla, north of Blumberg Special Exceptions approved by City Commission on 8/13/18. Engineering & Aesthetic Plans to be prepared by the developer. Dream Finders Townhomes (Winter Springs Townhomes) - 114 Units Town Center - East side of Michael Blake Blvd. Preliminary Engineering approved by City Commission on 1/8/18. Final Engineering & Aesthetic Plans are under Staff review. Winter Springs Town Center Retail Building Town Center N/A Final Engineering & Aesthetic Plans are being prepared by the developer. Iriye Suites Live-Work Community Town Center Special Exceptions & Development Agreement approved by City Commission on 1/28/19. Final Engineering & Aesthetic Plans are being prepared by the developer. INFORMATIONAL AGENDA ITEM 200 CITY COMMISSION AGENDA | MAY 13, 2019 | REGULAR MEETING INFORMATIONAL AGENDA ITEM 200 | MONDAY, MAY 13, 2019 | PAGE 2 OF 2 APPROVED DEVELOPMENT PROJECTS / UNDER CONSTRUCTION PROJECT NAME LOCATION LAST ACTION ITEM CURRENT STATUS The Studios at Tuscawilla Vistawilla Drive N/A Final Engineering Plans are under Staff review. Octopus Car Wash 510 W. SR434 Site work approved by City Commission on 4/22/2019. Building is under construction. Tuskawilla Crossings: 379 single-family homes Town Center Final Engineering, Development Agreement & Aesthetics approved by City Commission on 4/24/17. Plat approved 8/13/2018. Phase 1 Site work approved by City Commission on 11/19/18. Site work under construction. Permits have been issued for Phase 1 units. The Blake Apartments (Catalyst Apartments): 279 apartment units Town Center Plat approved10/23/17. Development Agreement & Final Engineering were approved by City Commission on 1/9/17. Buildings under construction. Hawthorn ILF (Winter Springs Retirement Residence): 144 independent living suites Town Center Final Engineering, Aesthetic Review, & Development Agreement approved by City Commission on 1/22/18. Developer to schedule preconstruction meeting prior to starting site work. Northern Oaks: 35 single-family homes by Dream Finders Homes North side of SR 434, East of SR 417 Final Engineering & Waivers approved by City Commission on 3/13/17. Preconstruction meeting held 10/17/17. Aesthetic Review approved by City Commission on 4/9/18. Plat is recorded. Site work under construction. Southern Oaks: 54 single-family homes West of DeLeon St. & North of SR 434 Final Engineering, Aesthetic Review, & Development Agreement approved on 6/22/15. Plat is recorded. City Commission accepted site work on 8/14/17. Site work complete. Homes under construction. RECOMMENDATION Staff recommends the City Commission receive and review the information provided. Sinkhole in 2005 and home demolished. No knowledge of remediation done. Would need Geotech report to verify report Lake Jesup 3 2 5 6 1 4 4 3 1 2 56 7 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Approved /U nd er Construction:1. Octop us C ar Wash2. Tu skaw illa Crossings3. Th e B la ke A partments4. Haw th orne ILF5. North ern Oaks6. Southern Oaks Winter Springs Economic Development 0 0.8 1.60.4 Miles µ S R 4 1 7SR419SR434 SR 434 TuskawillaRd.Current Projects US17-92Proposed:1. A IT C Office Building2. Winter S prin gs Medical Office3. Th e G atherin gs a t Winter Springs4. Winter S prin gs T ow n C enter Townhomes5. Winter S prin gs T ow n C enter Retail Building6. Iriy e Su ites L ive-Work Community7. Th e Stu dio s at Tuskawilla TITLE Trafﬁc Safety Management Devices SUMMARY The Police Department wishes to inform the City Commission of the possibility of deploying LED warning devices at targeted locations throughout the City to help with stop sign and crosswalk visibility. The Police Department is considering of augmentation of existing ﬁxed trafﬁc control signs with an LED style warning component to increase advance warning times and driver accountability. These devices are Manual on Uniform Trafﬁc Control Devices (MUTCD) compliant and are beneﬁcial to help increase safety while maximizing enforcement efforts. Staff is exploring this option and will keep the City Commission informed as this progresses. RECOMMENDATION Staff recommends the City Commission review the information and attached informational ﬂyer provided. INFORMATIONAL AGENDA ITEM 201 CITY COMMISSION AGENDA | MAY 13, 2019 | REGULAR MEETING Visit our web site: www.xwalk.com Traffic Safety Corporation 2708 47th Ave. Sacramento, CA 95822-3806 Toll Free: 888.446.9255 Tel: 916.394.9884 Fax: 916.394.2809 Email: sales@xwalk.com Web: www.xwalk.com TS40 Flashing LED Edge Lit Signs MUTCD Compliant Page 1 of 4 General Description The TS40 conforms to the specifications of the Federal High- way Administration (FHWA) set forth in the Manual on Uni- form Traffic Control Devices (MUTCD). Using the latest advances in LED technology, the TS40 employs a set of syn- chronized high-intensity LEDs to extend the range of visibil- ity of the sign during the day or night. Furthermore, the LEDs are flashed, which increases driver awareness of the sign. Why Our Signs are Better High Visibility • Type IX reflective sheeting provides outstanding reflective brightness, day or night. • High intensity LEDs extend the visibility of the sign under all weather conditions. Superior Performance • Low power LED technology reduces system power con- sumption and operating cost. Outstanding Durability • Highway grade .080 aluminum construction provides resis- tance to corrosion. • The use of highway grade Type IX sheeting helps to main- tain long term reflectivity. • Stainless steel security fasteners and Tufnut mounting hard- ware included to keep the sign secure. • Signs are weatherproof to prevent outside elements from en- tering the internal casing. Features •MUTCD section 2A.07 and 2A.08 compliant. •High visibility, low power consumption. •Fast, easy installation, low maintenance. •Field adjustable LED flashing duration (30 seconds standard). •Vandal-resistant mounting hardware included. • Optional battery backup, not affected by local grid power outages, 12 day autonomy (flashing 24/7). DS-14A Rev. A, Released 022819 Stop Sign (R1-1) Solar TS40 A solar powered TS40 is available that features off-grid power generation and independent flashing control. Features • Solar powered with battery backup, no AC power required. • MUTCD section 2A.07 and 2A.08 compliant. • Installs easily onto any new or existing sign post. • High intensity LEDs flash in unison, once per second, com- manding the attention of drivers day and night. • Activation options: Continuous 24/7 Flashing, Programmable Timer, or Wireless Push-button. School Speed Limit (S5-1) SIGN LED FLASHING DURATION IS NOW ADJUSTABLE IN THE FIELD Double sided configuration OPTIONAL LED DIMMING AT NIGHT TO REDUCE GLARE FOR MOTORISTS Attachment A Traffic Safety Corporation 2708 47th Ave. Sacramento, CA 95822-3806 Toll Free: 888.446.9255 Tel: 916.394.9884 Fax: 916.394.2809 Email: sales@xwalk.com Web: www.xwalk.com Visit our web site: www.xwalk.com Page 2 of 4 TS40 Flashing LED Edge Lit Signs MUTCD Compliant DS-14A Rev. A, Released 022819 Compliance • MUTCD section 2A.07 and 2A.08 compliant Construction • .080 highway grade aluminum and stainless fasteners • Tufnut security mounting hardware (pole not included) LED Lighting • White or Yellow sign background: White LEDs standard, Yellow LEDs optional • Red sign background: Red LEDs standard, White LEDs optional • LED 1-1/4" bullet style in sign perimeter border • Flash rate 50 to 60 times per minute • Field adjustable LED flashing duration (30 seconds standard) • LED life expectancy over 100,000 hours • Visible up to 2 miles away • Field replaceable grommet mounted lights • Sealed DOT approved lighting Circuitry Technology • Sealed PCB technology • 24 hour operation / dusk to dawn operation Solar / AC / Battery Specifications** • 15W solar cell • AC - 120V, 240V; 120V battery maintainer • DC - 6 volt 18AH SLA battery pack (3 to 5 year battery life) • Up to 12 days in 24/7 operation Options • Battery backup for AC signs • Additional LED lights • Standard 7 day or deluxe 365 day programmable timers • Wireless activation, keyfob transmitter, photo-sensor bollard, door switch. • Wired, wireless push-button activation; keyed on/off switch • LED dimming at night to reduce glare for motorists (solar only) • Anti-graffiti protective overlay Warranty • 10 Year Solar Panel • 5 Year Sign Construction • 2 Year LED Lights & Circuitry • 1 Year Battery Reflective Sheeting Type IX Fluorescent Yellow Green (FYG) (Standard for warning signs in school zone areas) Type IX (Yellow, Red, White) (Standard for non-school zone areas) TS40 Specifications* State Law (Yield to, Stop For) Pedestri- ans (R1-6, R1-6A) Yield (R1-2) Rail Grade Crossing (W10-1) Do Not Stop On Tracks (R8-8) Bicycle Warning (W11-1) Stop (R1-1) Wrong Way (R5-1A) Do Not Enter (R5-1) Speed Limit (R2-1) Turn Arrow (W1-1) School Speed Limit (S5-1) Stop and Pedestrian Combo * All specifications subject to change without notice. ** Special configuration (wireless, etc.) signs will have 12 volt 22AH SLA bat- tery with 20W solar cell (22.75" x 16.75" x 1.125", 4.5" depth with bracket). Visit our web site: www.xwalk.com Traffic Safety Corporation 2708 47th Ave. Sacramento, CA 95822-3806 Toll Free: 888.446.9255 Tel: 916.394.9884 Fax: 916.394.2809 Email: sales@xwalk.com Web: www.xwalk.com TS40 Flashing LED Edge Lit Signs MUTCD Compliant Page 3 of 4 DS-14A Rev. A, Released 022819 Product Code Sign Type and Size7 Sign Faces Power3 Activation Options (select only one)Reflective Sheeting SI-TS401,6 R1-1-24: 24" x 24" Stop R1-1-30: 30" x 30" Stop R1-1-36: 36" x 36" Stop R11W11224: 24" Stop and Pedestrian Combo R11W11230: 30" Stop and Pedestrian Combo R1-2-36: 36" x 36" Yield R1-6-12x36: 12" x 36" State Law Yield to Pedestrians R1-6A-12x36: 12" x 36" State Law Stop For Pedestrians R2-1-18x24: 18" x 24" Speed Limit R2-1-24x30: 24" x 30" Speed Limit R2-1-36x48: 36" x 48" Speed Limit R5-1-24: 24" x 24" Do Not Enter R5-1-30: 30" x 30" Do Not Enter R5-1-36: 36" x 36" Do Not Enter R5-1A-24x36: 24" x 36" Wrong Way R8-8-18x24: 18" x 24" Do Not Stop On Tracks R8-8-24x30: 24" x 30" Do Not Stop On Tracks S5-1-24x48: 24" x 48" School Speed Limit XX W10-1-30: 30" x 30" Rail Grade Crossing W11-1-30: 30" x 30" Bicycle Warning W11-1-36: 36" x 36" Bicycle Warning W1-1L-24: 24" x 24" Turn Left Arrow W1-1L-30: 30" x 30" Turn Left Arrow W1-1L-36: 36" x 36" Turn Left Arrow W1-1R-24: 24" x 24" Turn Right Arrow W1-1R-30: 30" x 30" Turn Right Arrow W1-1R-36: 36" x 36" Turn Right Arrow D: Double Sided2 AC: AC B: Battery4 S: Solar SD: Solar Dimming8 1: Wireless Communication Sign for Wired Activation (push-button not included) 2: Standard Programmable 7 Day Timer 3: Photocell 4: Keyfob Remote Control Transmitter 5: Single Sign for Wired Activation (push-button not included) 6: Deluxe Programmable 365 Day Timer 7: Single Sign for Wireless Activation (push-button not included) 9: Wireless Communication Sign for Wireless Activation (push-button not included) 10: Wireless Communication Sign for Wired Push-button with Audio Caution Message Capability (AC- XAV2E-LED push-button not included) 11: Photo-Sensor Bollards 12: Door Switch A: Type IX Fluorescent Yellow Green (FYG)5 B: Type IX 1: Anti-graffiti Protective Overlay Ordering Codes 1. SI-TS40 is used in standalone applications, without a system controller. 2. Single sided signs standard. Not available with combo signs. 3. 24/7 operation standard. 4. Includes spare battery and charger. 5. Fluorescent Yellow Green (FYG) sheeting should be used in school zone areas. 6. When ordering, specify size & shape (square, round) of your sign pole. Pole not included, sold separately. 7. Signs have 4 to 8 LEDs depending on sign size and configuration. 8. Sign LEDs are dimmed at night to reduce glare for motorists. If solar panel voltage is 66% or less of the battery voltage, then the sign LEDs will go into auto-dimming mode. Only works on 24/7 signs. Many additional sign types, messages and sizes are available. Call for details. Optional Double Sided Configuration Our double sided configuration is avail- able with an attached 2-1/4" Telespar square tube sleeve. The Telespar sign support system allows for fast and easy installation. Just insert the sign’s 2-1/4" square tube sleeve over a 2" Telespar pole, insert the bolts and tighten. Optional Door Switch Activation Activates signs when a door is opened. Optional Photo-Sensor Bollard Activation Activates signs when pedestrian passes be- tween two bollards. Optional Push- Button Activation Provides a simple and convenient way for pedestrians to activate the signs. Optional Keyfob Remote Control Transmitter Temporarily activates signs with wireless signal. Traffic Safety Corporation 2708 47th Ave. Sacramento, CA 95822-3806 Toll Free: 888.446.9255 Tel: 916.394.9884 Fax: 916.394.2809 Email: sales@xwalk.com Web: www.xwalk.com Visit our web site: www.xwalk.com Page 4 of 4 TS40 Flashing LED Edge Lit Signs MUTCD Compliant DS-14A Rev. A, Released 022819 How to Specify the TS40 1. Sign Materials - Construction - Compliance a. Sign reflective sheeting in compliance with current MUTCD require- ments for reflectivity, wording, materials and mounting guidelines. b. Pole mounting requirements per MUTCD guidelines. c. Sign constructed of .080 aluminum with stainless / aluminum fasteners and weatherproof sealant. d. All mounting hardware fasteners shall be theft deterrent hardware pref- erably Tufnut security hardware where applicable. e. 3/8" x 3" stainless steel tap bolts for standard mounting hardware (other mounting options available). f. Battery access compartment located at lower portion of sign to allow ac- cess to battery compartment for maintenance (field replaceable battery). g. Solar signs to have a 2" to 4" wide casing, depending on model, between front and rear sign faces to enclose all wiring, battery, PCB and LED light connections. AC powered signs 2" wide casing. h. Security keyed ON/OFF switch located on side of casing controlling op- eration. i. Vented weatherproof casing allowing ambient air to circulate for internal components and prevent condensation and excessive heat buildup. j. Compression type solar panel connector allowing optimum directional placement of solar collector. k. Anti-theft placards and decals for theft / vandalism deterrents. l. Serial # plate with manufacture date for informational and warranty pur- poses. 2. Battery 12 Volt 12 Volt 22000mAH SLA 6 Volt 2 - 6 Volt 9000mAh SLA (18 Ah Total) Dimensions 7.14" x 3.03" x 6.59"5.95" x 1.34" x 3.70" Weight 12.74 lb.3.09 lb. Terminal Connector Nut/Bolt T2 - Spade Operating Temperature -40°F to +156°F -40°F to +156°F Warranty 1 Year 1 Year a. Battery mounting with aluminum fasteners and brackets for in-field re- placement after life cycle has expired. b. Battery casing fully sealed in a moisture and corrosion proof casing. c. Required battery replacement every 18 months from manufacture date. 3. Solar Panel Collector a. Solar panels to be 6/12 volt 15/20/30 watt collector type depending on type of sign, region, LED light quantities and application uses. 15 Watt 20 Watt 30 Watt Max Power 15W 20W 30W Operating Voltage 8.0V 17.2V 17.4V Operating Current 1.88A 1.16A 1.73A Max Voltage 10.8V 21.6V 21.6V Operating Temperature -40°C to +85°C -40°C to +85°C -40°C to +85°C Dimensions 16.75" x 14.00" x 1.125"22.75" x 16.75" x 1.125"26.5" x 16.75" x 1.125" Type Polycrystalline Polycrystalline Polycrystalline b. Solar panel bracket constructed of aluminum alloy. c. Schedule 40 3/4" aluminum tubing attached to the solar panel bracket to the upper casing of the sign casing. Panel must face south. d. Angle of panel shall be 45° to 65° depending on region. Special attention required to insure solar collector has good access to solar power with no obstructions for optimum operation. e. Electrical connectors shall be insulated spade type connectors. f. Tempered glass solar cell sealer/protector. 4. LED Lights (Light Emitting Diodes) a. Sign shall have a series of either 4 - 8 LEDs depending on sign size and configuration. b. All LEDs shall be compliant to MUTCD Section 2A.07 and match col- ors acceptable to each type of signal per this specification. c. LED flash rate at 50 to 60 times per minute per MUTCD Section 2A.07 requirements. d. LED light dimensions: 1/8" Cree LED inside a 1-1/4" diameter lens. e. 100,000 hour rated LED life (11.415 years). f. High impact acrylic water/vibration proof housing lens. g. Completely resin sealed lens. h. Operating voltage: 6/12 VDC / Amp Draw 85ma. i. Rubber grommet mounted (for easy in-field replacement) into a 1-1/4" hole. j. Output power of LEDs approximate 60,000 mcd brightness. k. LEDs wired in series for simultaneous flash pattern per MUTCD. l. Wiring completely enclosed in sign casing with access for replacement. 5. Circuitry / LED Lighting Control Unit a. Circuit shall have a minimum of 4 output LED light circuits for use. b. Circuit shall control flash rates at 50 to 60 times per minute. c. Circuit shall flash 500 milliseconds / 150 milliseconds per flash. d. Activation duration shall be field adjustable in one-second increments, over a range of 1 to 99 seconds (30 seconds standard). e. Available dusk-to-dawn flash mode. f. Micro-controller technology. g. Keyed “ON/OFF” activation for tamper/vandalism protection. h. Operation of circuit temperatures -40°C to +80°C. i. Circuit enclosed in weatherproof casing. j. Low voltage protection program (protecting from total discharge of bat- tery). k. All wiring connections in accordance to standard wiring protection guidelines. 6. Warranty • 10 Year Solar Panel • 5 Year Sign Construction • 2 Year LED Lights & Circuitry • 1 Year Battery TITLE Resolution 2019-10 in recognition of former Ofﬁcer James Flannigan’s service to the City of Winter Springs SUMMARY Ofﬁcer James Flannigan has provided the residents of the City of Winter Springs with 30 years of dedicated service since joining the City of Winter Springs on April 13, 1989 as a police ofﬁcer. Ofﬁcer Flannigan has completed countless hours of advanced and specialized training in the furtherance of his career to provide our community with the highest level of service. He has served as a department subject matter expert in the discipline of trafﬁc crash investigation, reconstruction, and scene management. Routinely, he provides direction and guidance to junior members of the police department. Throughout his career, Ofﬁcer Flannigan has received several awards and public recognition during his service, which include but are not limited to numerous Meritorious Service awards, Unit Citations, and division service awards recognizing his tenure in the Trafﬁc, Investigations, and Operations divisions. Ofﬁcer Flannigan was also instrumental in the development and management of the police bicycle patrol from its inception and served admirably in that capacity. In 2012, Ofﬁcer Flannigan was called upon to use his scene reconstruction expertise in order to help properly document and preserve a triple homicide case that was seen across the nation. His efforts helped secure convictions on several suspects. Ofﬁcer Flannigan has served this city with professionalism and dedication; his contributions have beneﬁtted the City of Winter Springs in so many ways. This resolution is submitted for approval in recognition of his service. RECOMMENDATION Staff recommends the City Commission approve Resolution 2019-10. CONSENT AGENDA ITEM 3 00 CITY COMMISSION AGENDA | MAY 13, 2019 | REGULAR MEETING RESOLUTION NUMBER 2019-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RECOGNIZING JAMES FLANNIGAN FOR HIS 30 YEARS OF DEDICATED SERVICE TO THE CITY OF WINTER SPRINGS; AND EXPRESSING OUR GREAT APPRECIATION ON BEHALF OF THE CITIZENS OF THE CITY OF WINTER SPRINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, JAMES FLANNIGAN has provided the residents of the City of Winter Springs with 30 years of service to the city since joining the Winter Springs Police Department on April 13, 1989; and WHEREAS, JAMES FLANNIGAN has served this agency and community with commitment and dedication during his career. He has served to help train and mentor new officers in the ways our community has come to expect police services; and WHEREAS, JAMES FLANNIGAN, has completed hundreds of hours of advanced and specialized training in the furtherance of his career designed to help him provide our community with a level of service that is second-to-none; and WHEREAS, JAMES FLANNIGAN was called upon for his advanced training and expertise during an internationally known triple homicide case to help map and document the extensive crime scene to ensure a solid case was made against the suspects; and WHEREAS, JAMES FLANNIGAN has served as a specialist in many aspects of traffic enforcement, crash investigation, and advanced traffic investigations involving bicyclists and pedestrians. He has become known department-wide as a subject matter expert in these disciplines and is frequently called upon for his expertise; and WHEREAS, JAMES FLANNIGAN served as a criminal investigator who worked hundreds of cases with professional diligence to try to bring justice to victims of crime, elderly victims who had nowhere to turn, and children who were unable to speak for themselves and needed help; and WHEREAS, JAMES FLANNIGAN has truly been a valuable employee who has shown professional commitment and dedication in every aspect of his work and done so with professionalism. He has excellent investigative skills, been a source of guidance for new officers, and has been a very hard working employee– all of which has benefitted the City of Winter Springs in so many ways. NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of Winter Springs, Florida as follows: SECTION I – Upon the occasion of JAMES FLANNIGAN’s retirement, the Mayor and Commission, City Manager, and Staff of the City of Winter Springs wish to recognize and honor him for his excellent level of distinguished service to the residents of Winter Springs through his 30 years of esteemed exemplary service. SECTION II – That this Resolution commending the services of JAMES FLANNIGAN be recorded upon the official Public Records and Minutes of the City Commission of the City of Winter Springs, Florida. SECTION III – That a copy of the Resolution be forwarded to JAMES FLANNIGAN with our sincerest and heartfelt thanks for his numerous and valued important contributions. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, IN A REGULAR MEETING ASSEMBLED ON THE ___________ DAY OF _______, 2019. \Ç ã|àÇxáá ã{xÜxÉy? \ {täx {xÜxâÇàÉ áxà Åç {tÇw tÇw vtâáxw à{|á áxtÄ àÉ ux tyy|åxwA ______________________________ CHARLES LACEY, MAYOR ATTEST: ______________________________ CITY CLERK DATE: Surplus Assets Final List to CommissionProvided by City of Winter SpringsComission DateMethods of Disposal5/13/20191 ‐ Auction 6 ‐ Totaled/Accident2 ‐ eWaste 7 ‐ Lost3 ‐ Destroy 8 ‐ Stolen4 ‐ Salvage 9 ‐ Donated5 ‐ Trade‐in 10 ‐ TransferSurplus AssetsDepartments Description Asset # Serial # Original Cost Model # Method of DisposalIT Printer ‐ CNBJC78400 169.00$ HP LaserJet 1200 1IT Printer ‐ CNBJH22343 169.00$ HP LaserJet 1200 1IT Printer ‐ CNB0088582 139.00$ HP LaserJet 1020 1IT Printer ‐ VNB3B70092 179.00$ HP LaserJet P1606dn 1IT Printer ‐ CNBJK86974 109.00$ HP LaserJet 1320 1IT Scanner 300414 105134 1,217.25$ Fujitsu fi‐4220c2 1IT Scanner 303192 004974 4,975.66$ Fujitsu fi‐6770C 1IT Scanner 300823 020550 1,310.37$ Fujitsu fi‐5220C 1IT Computer 307031 2J99Z01 ‐ Dell Dimension 4300 1IT Monitor ‐ MX‐0881UM‐47605‐17K‐AUVC ‐ Dell E770s 1Parks Christmas Tree 300477 6,933.50$ 4Parks 4‐ Daktronics Consols N/A All Sport 5000 1 TITLE Tuskawilla Crossings Phase 2 Plat SUMMARY Land Use & Zoning Zoning: Town Center (T3, T4, and T5) and PUD Future Land Use: Town Center and LDR Applicable Regulations Chapter 177, Florida Statutes Chapter 197, Florida Statutes Chapter 9, City Code Tuskawilla Crossings is a proposed 379-unit single-family residential subdivision by Lennar Homes located southeast of the SR 434 / Tuskawilla Road intersection. The total project area is approximately 133 acres and includes a central amenity area and a 3.2-acre commercial out-parcel at the north end of the subdivision. An Annexation Agreement was approved by the City Commission in May of 2014 which requires the property to be developed in conformance with the Town Center District Code. At the August 13, 2018 City Commission meeting, the City Commission approved the Phase 1 plat, consisting of 189 single family lots. The approval of the Phase 2 plat will consist of the remaining 190 single family lots. RECOMMENDATION Staff recommends the City Commission conditionally approve the Tuskawilla Crossings Phase 2 plat, subject to the satisfaction of open comments, and authorize the City Mayor and City Attorney to prepare and execute any and all applicable documents. CONSENT AGENDA ITEM 3 02 CITY COMMISSION AGENDA | MAY 13, 2019 | REGULAR MEETING TITLE Ocean Bleu Plat Approval SUMMARY Land Use & Zoning Zoning: Town Center T5 Future Land Use: Town Center District Applicable Regulations Chapter 177, Florida Statutes Chapter 197, Florida Statutes Chapter 9, City Code The applicant is seeking approval for the subdivision of land, as shown in the plat (Exhibit A). The applicant has recently completed the construction of the Starbucks, referred to as Lot 3 in the plat and will be seeking future approval of a retail building on Lot 4. Approval of the ﬁnal plat is regulated by Chapter 9 of the City Code (various sections) and Chapter 177, Florida Statutes. Chapter 177, Florida Statutes, requires that the plat be fully executed by the owner(s) of record, by all mortgagees having an interest in the land to be subdivided, by the professional surveyor and mapper of record, and by the independent professional surveyor and mapper who reviews the plat for consistency with Chapter 177, Florida Statutes. City Staff, including the City's independent surveyor, Southeastern Surveying and Mapping Corporation, have reviewed and conditionally approved the plat, subject to any remaining comments. RECOMMENDATION Staff recommends the City Commission conditionally approve the Ocean Bleu plat, subject to the satisfaction of open comments, and authorize the City Mayor and City Attorney to prepare and execute any and all applicable documents. CONSENT AGENDA ITEM 3 03 CITY COMMISSION AGENDA | MAY 13, 2019 | REGULAR MEETING City of Winter Springs Project Closeout List for City Commission Final Site Approval Tuskawilla Crossings – Phase 2 1. Complete all sitework and pass the final engineering inspection. Contact Bryant Smith, P.E. at 407‐327‐8979 to schedule a preliminary and/or final engineering inspection. The final inspection will occur after receipt of the record drawings from the engineer‐of‐ record. 2. Obtain Approvals from all City Departments Additional items to be completed prior to closeout (this is not a complete punchlist):  Final lift of asphalt  Final striping  Complete lift station enclosure  Complete street lighting  Site cleanup TITLE Tuskawilla Crossings Phase 2 Final Site Acceptance SUMMARY The Tuskawilla Crossings project consists of a 379-unit single family residential subdivision by Lennar Homes. The project is located southeast of SR 434 and Tuskawilla Road. The project area is approximately 133 acres and includes a central amenity area and a commercial out-parcel. This agenda item is for the conditional acceptance of the Phase 2 site improvements. The site work has been constructed in substantial compliance with the Final Engineering Plans approved by the City Commission, except as noted on the attached punch-list, Exhibit A. At the November 11, 2018 City Commission meeting, the City Commission approved the Tuskawilla Crossings Phase 1 Site Acceptance. Phase 2 is the ﬁnal portion of this project containing public improvements. Applicable Code: Section 9-178. Required Improvements to be completed prior to building on lots; exceptions. (c) Where the building ofﬁcial has an authoritative method of assurance that the improvements will be completed in accordance with approved plans, such as withholding occupancy, the building ofﬁcial may issue building permits upon advising the developer that all of the partial occupancy will be restricted until satisfactory completion of the improvements has been accomplished. (d) …Certiﬁcates of occupancy will not be issued until all improvements are accepted by the City Commission. RECOMMENDATION Staff recommends that the City Commission validate the Staff recommendation ﬁnding the Phase 2 portion of the Tuskawilla Crossings site work to be built in substantial accordance with the Final Engineering plans, subject to satisfactory completion of the remaining open punch-list items. CONSENT AGENDA ITEM 3 04 CITY COMMISSION AGENDA | MAY 13, 2019 | REGULAR MEETING CITY COMMISSION WORKSHOP MINUTES MONDAY, APRIL 15, 2019 AT 6:30 PM CITY HALL-COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA CALL TO ORDER The Workshop of Monday, April15, 2019 of the City Commission was called to Order by Mayor Charles Lacey at 6:30 p.m . in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Charles Lacey, present Deputy Mayor Kevin Cannon , present Commissioner Jean Hovey, present Commissioner Ted Johnson, present Commissioner TiAnna Hale, present Commissioner Geoff Kendrick, present Interim City Manager Shawn Boyle, present City Attorney Anthony A Garganese, arrived at 6:32 p.m . City Clerk Andrea Lorenzo-Luaces, present A moment of silence was held , followed by the Pledge of Allegiance. Mayor Lacey mentioned that Interim City Manager Shawn Boyle had asked if Agenda Item 4). could be deferred, "So , I would ask for a Consensus to approve the Agenda including items 1)., 2)., and 3)." Deputy Mayor Kevin Cannon and Commissioner Geoff Kendr i ck stated , "No objection ." No disagreement was noted. PUBLIC INPUT Mayor Lacey opened "Public Input ". Mr. Phil Kaprow, Esquire, 7005 Antelope Trail, Winter Springs, Florida: addressed the City Commission as a representative of his employer, Killgore, Pearlman, Semanie, Den ius & Squires, P.A., whom he noted was a sponsor for the Oviedo-Winter Springs Regional Chamber of Commerce's Capitol Connection. Mr. Kaprow mentioned that his company had an extra seat for the Capitol Connection and was offering it to the City of Winter Springs, specifically for Commissioner TiAnna Hale who they knew was interested in attending the Capitol Connection . City Attorney Anthony A. Garganese arrived at 6 :32p.m. CITY COMMISSION MINUTES I WORKSHOP I MONDAY APRIL 1S, 2019 I PAGE 2 OF 14 With additional remarks, Mr. Kaprow pointed out, "We're not lobbyists, there's no quid pro quo involved; it's a gift to the City-the same way that it's an emolument of the membership of the Trusteeship. So, it's not like we're giving it with an earmark for her, but presumably the intention was that she had expressed an interest." Mayor Lacey summarized, "It is a gift to the City, no strings attached." Mr. Kaprow responded, 'That is correct." Comments continued. Attorney Garganese noted, "If it's something that the City can accept, not a gift but an emolument or whatever it is, it's of the trustee relationship between the Chamber and the City, and it comes to this body, and then the body can determine whether or not to accept it, and then the body, the governing body of Winter Springs can determine who goes on behalf of the City." Discussion. Mayor Lacey stated, "So, coming from a firm that has that as their benefit, can that be a donation to the City?" Attorney Garganese said, "The firm is not lobbying the City on behalf of a client or lobbying ... " Mr. Kaprow noted, " ... We have no business before the City at this point, nor in the foreseeable future at this time." Remarks continued regarding Deputy Mayor Cannon was also attending the Capitol Connection, how a past Commissioner served as the City's representative to the Oviedo-Winter Springs Regional Chamber of Commerce, that various current City Officials might also like to participate with similar trips, the Sunshine Law, and this current situation . REGARDING THE CAPITOL CONNECTION TRIP, "I WOULD LIKE TO MAKE A MOTION THAT WE ACCEPT THE GENEROUS DONATION FROM MR. KAPROW'S FIRM AND THAT COMMISSIONER HALE BE THE PERSON SELECTED TO ATTEND." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. Mayor Lacey opened "Public Input" on this particular topic of discussion. No one spoke. Mayor Lacey closed "Public Input" on this particular topic of discussion. CITY COMMISSION MINUTES I WORKSHOP I MONDAY APRIL 1S, 2019 I PAGE 3 OF 14 I VOTE: COMMISSIONER JOHNSON: AYE COMMISSIONER HALE: AYE DEPUTY MAYOR CANNON: AYE COMMISSIONER KENDRICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Mayor Lacey closed "Public Input". DISCUSSION ITEMS 1). Discuss Florida Regional Planning Council Proposal Ms. Tara McCue, AICP, Director of Planning & Community Development, East Central Florida Regional Planning Council, 455 North Garland Avenue, Orlando, Florida: introduced herself and gave an overview of what the East Central Florida Regional Planning Council does and specifically what her agency could provide in terms of a possible Visioning program. Regarding a proposal that the East Central Florida Regional Planning Council submitted, Ms. McCue referenced Task l and stated, "We would look at your old Vision and Strategic Plan, look through your land development, your demographic and your economic growth, and then interview the different Directors from the City to see what from your Strategic Plan process and that Vision would move forward - with some communication ideas, park and rec[reation] programs, those things that were highlighted. Then we would present this to the city council and also develop a report on that." Continuing, Ms. McCue mentioned Task 2 that involved engaging the community and noted, "What we generally do is hold a Workshop with the community. We would present the findings from where you guys were in 2009, how things have changed because of the growth." Ms. McCue added, "A lot of the people who are here, may not have been part of that process, so we need to see how things have changed in the view of their minds as well, and educate them on the process that had already taken place. So, we would do that and then conduct the various numbers of roundtable discussions." CITY COMMISSION MINUTES I WORKSHOP I MONDAY APRIL 15 , 2019 I PAGE 4 OF 14 Ms. McCue added that during this process they would identify strengths and ~ opportunities, where people would like to see improvement, and where they envision the City being in ten to twenty (10 to 20) years. ~ ..-,;:::~ Continuing, Ms. McCue explained, "All of that would be led by the Regional Planning ~ Council, we would work with your City Staff to get everybody out there, to announce 5;s it and get a really, really good turn out, and then taking that information, we would t=-:: implement that into a survey." t:::: Ms. McCue referenced a survey platform that was available to be used, and suggested the City take advantage of this free resource. Furthermore, Ms. McCue noted, "We would take all that information and create the survey from it and really make it a community-based survey. So, we would work with the City to use all means necessary, mail out flyers, your marquee, social media, email lists to get as many people to participate in that survey as possible;, and then we would develop a report." Ms. McCue mentioned their Report would address "What came out of the Workshop, and what came out of the survey, and provide some recommendations to move forward; and those are the recommendations that we would come back and present to you all, whether or not it's to create another full vision, to create an addendum for your old Plan, or other recommendations that might come forward . And then obviously all that information, we would work with the City to make sure it moves forward to get consulting, so that they would have an opportunity to look that over and move that forward. And some things that are not on the proposal -then we could work with the City to either create the vision if that was what the recommendation was and then review your LOR's (Land Development Regulations), your Ordinances in your Comp[rehensive] Plan to see if there are any barriers or gaps in order to move this forward ." Deputy Mayor Cannon remarked, "As part of this process, if the community decides that they want to tweak some of the goals that are in the Comp[rehensive] Plan you would-gather that information as well and then make recommendations." Continuing, Deputy Mayor Cannon commented, "In Task l, what you are looking at- is basically looking at our Comprehensive Land-Use Plan that was adopted in 2009, and looking at the Goals set forth in that and what we've achieved, and what we haven't achieved; and in addition to that, if the community's perspective has changed a little, you will capture that, right? If we need to tweak some things and bring it current?" CI T Y COMMISSION MINUTES I WORKSHOP I MONDAY APRIL 1S. 2019 I PAGE 5 OF 14 Ms. McCue responded, "Yes, we would look at what your Comp[rehensive] Plan is saying; if your Comp[rehensive] Plan really encompasses the vision . If they were done at the same time, I would hope it did ." Further, Ms. McCue added, "We would do a periphery look at that. We wouldn 't for this, we would not do straight through revisions. For that, I think that is a task that would be after -but that we can always add on, like I said, the findings we can recommend . We need to go through in a more detailed analysis of your Comp[rehensive] Plan ." Deputy Mayor Cannon thought that reaching out for ten to twenty (10-20) years made sense to consider and asked if Ms. McCue had done this before. Ms. McCue responded that they had not done a twenty (20) year Plan, however, they had just completed a five (5) year Plan for another municipality. Further remarks ensued on benchmarks, economic viability, the Gibbs Planning Group, marketing, and economic strategies. Deputy Mayor Cannon then asked Ms. McCue when would her agency be available, if the City wanted to go forward. To that, Ms. McCue noted a May pt start date. Commissioner Hale asked if the suggested survey platform would be offered online to which Ms. McCue explained it was available via various electronic means however due to ADA (Americans with Disabilities Act) requirements, a paper copy would also be available as required. Brief comments followed on the survey process, data, results, and Commissioner Kendrick noted his preference was for as much data gathered as possible. Next, Commissioner Jean Hovey pointed out, "The total cost is seventeen thousand five hundred [dollars] ($17,500 .00). Is that an estimate?" Ms. McCue replied, "That was the cost, as-is. If we're going to be doing some best practice, that will go up a little bit but not tremendously-if we were to do three (3) best practice research , probably about twenty, twenty-one thousand ." Continuing, Commissioner Hovey asked Interim Manager Boyle about the services that the Institute of Government might provide. Interim Manager Boyle spoke briefly about the Institute of Government and pointed out, "The benefit is that Tara (McCue) can actually come back and do the actual work to update the Comp[rehensive] Plan ." CITY COMMISSION MINUTES I WORKSHOP I MONDAY APRIL 15, 2019 I PAGE 6 OF 14 With further remarks, Commissioner Hovey then referenced the suggested costs for this process and asked where the funds would come from , if the City Commission went with the Gibbs Planning Group,? Interim Manager Boyle said, "We actually have some money in Community Development, one of the line items is for these type of services and what we'd like to do is if we don't make a decision -we weren't really asking you guys to make a decision tonight. What we were going to do is bring it back on a Consent and we would put in there, 'Not to exceed this much money'; and obviously, if we do, then we come back before this body and ask for permission to exceed it. But we have some money in Economic Development over in Community Development line items to pay for it." Further in response, Interim Manager Boyle added, "We have money budgeted and no, we would not defer monies from other projects." Commissioner Ted Johnson inquired as to what kind of a return could be expected from the proposed survey. Ms. McCue noted, "Our aim is always to get three to five percent (3-5%) of the entire community which is pretty good for a survey. Of course, it depends upon how well the City can get the message out." Ms. McCue then mentioned a survey that was done in a coastal community that received excellent participation and results and noted that this other community set up a booth at festivals, used electronic devices, and also sent a letter to all citizens and businesses in the community to make sure everyone was informed about their survey. Regarding attendance at Workshops, Commissioner Johnson asked about past results to which Ms. McCue said they have had varying results; however, they structured and marketed surveys to garner as much interest as possible. Next, Commissioner Johnson asked Ms. McCue what would be included on the survey. Ms. McCue remarked, "What we would do is we would take some of the items that came out of the last Vision process, some of the things that boiled to the top for that, and then the information that we get from the community Workshops -what are the top things you want to see move forward and then we would combine them and tweak them in a way that they were comprehensive enough so that we're combining everything and then taking a deeper dive as the survey -moves along , so it would really be community driven . CITY COMMISSION MINUTES I WORKSHOP I MONDAY APRIL 15, 2019 I PAGE 7 OF 14 What was important in the last survey to see if that has moved forward and then what has boiled to the top again in the community Workshop. And if there's things that are important to the Commission, we can include those as well." Commissioner Johnson then inquired, "What would be a reasonable timeline for this process to be concluded?" Ms. McCue said, "What we were envisioning was for reviewing everything in the trend analysis, and where have you been in the last ten (10) years. We are hoping to start that in May and complete that towards the middle of June, and then present to the council toward the end of June, and then the month of June, we would work on the community Workshop, and pulling all of that together. And then from there with the survey, we definitely would want the survey out for about a month, so we would take the information from the Workshop, compile it all together, have the Workshop out by July pt_ So, the whole month of July would be attributed to people filling out the survey, and then we would spend the first week or two in August pulling all of that information together, coming up with our recommendations, creating a Report and then in August, depending on the schedule of the council, we would come back and provide you our recommendations." Further comments. Deputy Mayor Cannon mentioned he thought the timeline was longer than he would have preferred, however he said that that was related to the City. Ms. McCue then stated, "If we can get it done sooner, we will do our very best." Brief remarks followed on the Visioning process, marketing, recommendations and whether this agency would assist with possible suggestions. Ms. McCue explained, "If there is something that we see, that really come out, we would provide that recommendation but as far as the strategy of who to target, that would definitely be something coming from Gibbs, if you choose to go with them ." CITY COMMISSION MINUTES I WORKSHOP I MONDAY APRIL 1S, 2019 I PAGE 8 OF 14 Commissioner Kendrick noted the timing, getting this done right, and pointed out, "'July 4th, we have Celebration of Freedom here. We could probably incorporate and try to derive maybe a larger group of citizens to get those surveys out to, because we do have a City event that is very well attended by everyone throughout the County quite frankly, but plenty of Winter Springs' residents, and I think that would be an ideal time to have a City booth and to have those iPads, and I think that would be perfect to drive those surveys home." Continuing, Commissioner Kendrick added that he thought these Workshops the City has had were more like Regular Commission meetings rather than roundtable discussions. Commissioner Kendrick suggested that what might be more conducive to hearing from residents and business representatives was to have actual tables for attendees to sit at, and thought that such would be helpful in opening up discussions, especially with business representatives. Ms. McCue noted, "The way we set it up is that we would do one community Workshop; but if you are suggesting we do a Business Workshop as well, we can do one of those. We've done that as well, where we separated the conversation . The way that we do our Workshop is we get up, we do a presentation, why we're here, this is where you've been, where do you want to go, and then we have different conversations occurring at different tables." Furthermore, Ms. McCue noted that typically she recommends that the Elected Officials do not attend Visioning Workshops so that the citizens can talk freely. Commissioner Kendrick said that he was agreeable to that. Deputy Mayor Cannon asked how do they ensure that only residents from Winter Springs are surveyed. Ms. McCue explained that in another jurisdiction, participants had people put in their address; however, Ms. McCue suggested that sometimes, getting comments from others who visit a City and utilize services in that City, could also be helpful. Commissioner Johnson noted that he thought the Workshops should be less formal and supported the roundtable concept. Additionally, Commissioner Johnson mentioned that he also agreed with the City having a booth or tent at the City's 4th of July event, which he thought would be great for the survey and that we could ask people for their driver's license for verification. Further comments. CITY COMMISSION MINUTES I WORKSHOP I MONDAY APRIL 15, 2019 I PAGE 9 OF 14 Mayor Lacey then remarked , "I believe it is Shawn's (Boyle) intention to bring this back as an Agenda Item next week, right? Interim Manager Boyle responded, "Yes ." Interim Manager Boyle added, "What I'd like to bring back is some spending limits, some caps and a draft contract, that way we give Anthony (Garganese) some time to review it." Mayor Lacey then said, "Commissioners, if you have any input for Shawn (Boyle) now or in the next few days, it would be useful." In terms of agreement, Mayor Lacey pointed out, "I don't see any shaking heads." 2). Draft Noise Ordinance 2019-XX Interim Manager Boyle began the discussion by commending Attorney Garganese for his work on various Ordinances and that he was very appreciative of his efforts. Attorney Garganese began the discussion on this Agenda Item and mentioned some recent issues related to the use of power tool equipment and power ground maintenance equipment being used during early morning hours. Captain Matt Tracht, Operations Bureau, Police Department addressed the City Commission on these matters, recent Code Enforcement complaints, how most of this was related to landscaping work, and that they were proposing a new sub section (k) which would address landscaping issues. Attorney Garganese remarked, 'The way the Noise Ordinance is structured in Winter Springs -there's two (2) possible Violations. We have a decibel-based standard to deal with general noise and there's a whole methodology that's set forth in the Ordinance; and then the other section of the Ordinance deals with noise disturbances that are just prohibited out right. That is just generally deemed a public nuisance because they occur, not because of a decibel reading and there's a list of those type of activities that the Commission has previously deemed a noise disturbance that should be prohibited. T he way the Ordinance is structured, if this Ordinance were adopted by the Commission there would be an additional prohibited activity added to the Noise Ordinance for power tool equipment and power ground maintenance equipment. And the Ordinance would deem it unlawful to operate or permit to be operated any power tool equipment as defined in this Ordinance or power ground maintenance equipment-as defined in this Ordinance in residential areas only, not commercial areas but in residential areas, outdoors. CITY COMMISSION MINUTES I WORKSHOP I MONDAY APRIL 1S. 2019 I PAGE 10 OF 14 So, not the use of this equipment indoors but it would be in residential areas and the activity would occur outdoors, and it would be between the hours of 10 p .m . and 7 a.m . the following day. Now with respect to outdoor use of ground maintenance equipment on public recreational fields and golf courses, the hours would be slightly different. It would be prohibited between 10 :00 p .m. and 6:30a.m . the following day, generally because of the recognition that those types of facilities tend to have to get fields ready for morning play." Deputy Mayor Cannon inquired if there were any exemptions for generators and big festivals such as the Scottish Highland Games or festivals held at churches. Interim Manager Boyle stated, 'There is an administrative exception that the City Manager currently can grant for-early morning concrete pours, any events, anything along those lines, the City Manager currently has the ability to waive some of the rules ... " Captain Tracht added, " .. .Special Permits like the Highland Games." Comments followed on when special events such as the Scottish Highland Games have to go quiet. Interim Chief of Police Chris Deisler, Police Department stated, "Generally, the noises are allowed per the Special Events Permit. So, if the permit gives them 'x' hours, the noises are exempt between those hours specified on the permit." Comments followed on school carnivals, permits, that this Ordinance would not address commercial situations, and issues such as garbage collections very early in the morning . Commissioner Hovey noted, "If someone is at the school mowing the yard, it's not just affecting me, it is affecting all of us around there, plus the people across [State Road] 434-there are lots of residential next to commercial." Attorney Garganese pointed out, "The way the Ordinance is written for this particular Violation, it would be within a residential area. A residential area is defined in the existing Ordinance and with respect to the use of power equipment and power ground maintenance equipment, I would have to maybe look at that a little bit more if that is what the Commission wants to do." CITY COMMISSION MINUTES I WORKSHOP I MONDAY APRIL 1S, 2019 I PAGE 11 OF 14 Remarks continued on waste and recycling pick-ups, and for example, when someone could start mowing lawns on Sunday mornings. Further discussion continued. Deputy Mayor Cannon spoke of the 6 :30a .m . start time and comments followed that noise often comes with living on a golf course. Furthermore, Deputy Mayor Cannon commented on the proposed Ordinance, Emergency Declarations, hurricane or smaller storm type events, and suggested that perhaps some leeway might be helpful if Attorney Garganese and/or the Police Department thought such would be helpful. Mayor Lacey then said to Attorney Garganese, "Do you have from us what you need -any clarifications?" Attorney Garganese then asked if the 6 :30 a.m. start time was acceptable. Deputy Mayor Cannon stated, "I am fine with it." No objections were voiced. 3). Draft Construction Management Ordinance 2019-XX Attorney Garganese began the discussion on this Agenda Item and said, "At the last Workshop, the Commission discussed having a more specific and consolidated Construction Site Management Ordinance." Attorney Garganese added, "I went ahead and proposed an Ordinance which would create a new section of the City Code 6 -88. which is our Building Code provisions, and it would create this uniform set of construction site management regulations. Generally, the topics that are covered by this Ordinance are construction management plans, temporary toilet facilities for workers, the contractor and property owners responsibilities when there's the ongoing construction on the property. There's a final site cleanup and repair of damage to public property provision - a temporary construction fence is another category that's addressed, and erosion and runoff control is another general category, and then there's a Violation and Enforcement section. Further comments followed. CITY COMMISSION MINUTES I WORKSHOP I MONDAY APRIL 15, 2019 I PAGE 12 OF 14 Deputy Mayor Cannon applauded Attorney Garganese for the great job that Attorney Garganese did in terms of putting this as well as the previous Ordinance together. Discussion. Commissioner Kendrick agreed with Deputy Mayor Cannon's compliments regarding Attorney Garganese's work on this Ordinance. Deputy Mayor Cannon then suggested that with the Management Plan , before any Permit was issued, someone from the City would meet with the builder, provide them with a copy of the (final) Ordinance, have them sign that they have received it and will follow it. Interim Manager Boyle said, "Yes." It was then noted that no Motion was needed and Mayor Lacey added , "It will come back to us for formal action ." 4). Discuss Gibbs Planning Group, Inc. Economic Study As stated during the Approval of the Agenda, this Agenda Item was not heard . PUBLIC INPUT Mayor Lacey opened "Public Input". No individuals expressed any remarks. Mayor Lacey closed "Public Input ". In other City business, Commissioner Johnson remarked that this week was set forth to recognize Dispatchers with the Police Department and Commissioner Johnson expressed that their work was very impressive and they do indeed deserve recognition. Interim Chief Deisler agreed and said he would share these compliments with his staff. CITY COMMISSION MINUTES I WORKSHOP I MONDAY APRIL 1S. 20 19 I PA GE 13 OF 14 ADJOURNMENT Mayor Lacey adjourned the Workshop at 7:39p.m . RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE : T hese Minutes w ere a pproved at the ________ , 2019 City Commission Regular Meeti n g . CITY COMMISSION MINUTES I WORKSHOP I MONDAY APRIL 15, 2019 I PAGE 14 OF 14 V.J APPROVED CITY COMMISSION REGULAR MEETING MINUTES MONDAY, APRIL 22, 2019 AT 6:30 PM CiTY HALL-COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA UNAPPRO VED CALL TO ORDER The Regular Meeting of Monday, April 22, 2019 of the City Commission was called to Order by Mayor Charles Lacey at 6:30 p .m . in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Charles Lacey, present Deputy Mayor Kevin Cannon, present via telephone Commissioner Jean Hovey, present Commissioner Ted Johnson, present Commissioner TiAnna Hale, present Commissioner Geoff Kendrick, present Interim City Manager Shawn Boyle, present City Attorney Anthony A. Garganese, present City Clerk Andrea Lorenzo-Luaces, present A moment of silence was held, followed by the Pledge of Allegiance. In terms of the Agenda, Mayor Lacey asked, "Commissioners, may we Adopt the Agenda?" Commissioner Jean Hovey and Commissioner Geoff Kendrick remarked, "Yes." With no objections, Mayor Lacey stated , "It stands adopted." Further comments followed on the Agenda . AWARDS AND PRESENTATIONS 100. Recognition of Len Hartman, Public Works Superintendent, Guy Meyers, Construction Project Manager, Ken Miller, Parks and Recreation Maintenance, and Clifton Mullis, Public Works Supervisor, for their leadership and initiative during the construction of the Pamela A. Carroll Memorial Pavilion at Trotwood Park Mr. Chris Caldwell, Director, Parks and Recreation Department introduced this presentation. CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY APRIL 22, 2019 I PAGE 2 OF 16 I UNAPPROVED Continuing, Mr. Caldwell pointed out that through their ideas, leadership, and a lot of hard work, this new initiative came to fruition. Mr. Len Hartman, Superintendent, Public Works Department, Mr. Guy Meyers, Construction Project Manager, Finance and Administrative Services Department, Mr. Ken Miller, Maintenance Parks and Recreation Department, and Mr. Clifton Mullis, Supervisor, Public Works Department all worked together to plan and construct the new Pamela A. Carroll Memorial Pavilion at Trotwood Park. Mr. Caldwell then noted that Interim City Manager Shawn Boyle assisted with this project and should also be commended. Congratulations were offered to these City employees for a great team effort. Commissioner Hovey then mentioned that she often attends sports events at many parks throughout Seminole County and that parks in Winter Springs, especially Central Winds Park, are really the best in Seminole County. Commissioner Hovey offered her compliments to Mr. Caldwell and his team on how great they maintain the City's parks. INFORMATIONAL AGENDA 200. Current Development Projects Update This Agenda Item was not discussed. PUBLIC INPUT Mayor Lacey opened "Public Input". Mr. Michael Burns, 7095 Cheyenne Trail, Winter Springs Florida: commented on issues with bears and wildlife in the area, how the food cycle works, his concern with residents feeding wild and feral animals, and to try to solve potential problems, Mr. Burn hoped the City would adopt an Ordinance requiring people who feed feral animals to take full care of them . CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY APRIL 22, 2019 I PAGE 3 OF 16 UNAPPROVED Ms. Karina Rivadeneira, 750 Bear Springs Drive, Winter Springs Florida: spoke of her and other people getting nails in their tires at the intersection of Wade Street and Old Sanford Oviedo Road possibly due to streets not being cleaned enough, the costs involved with fixing flat tires, and hoped the City would try to make sure the streets were cleaned more. Mayor Lacey suggested that Interim City Manager Boyle have someone on staff get in touch with Ms. Rivadeneira regarding this matter. Mayor Lacey closed "Public Input". CONSENT AGENDA 300. Acceptance of the 2018 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant This Agenda Item was not discussed. 301. Purchase of a new Dehumidification System for the Senior Therapy Pool No discussion. 302. Resolution 2019-06 establishing rental fees for the Pamela A. Carroll Memorial Pavilion at Trotwood Park There was no discussion on this Agenda Item. 303. Octopus Car Wash Site Plan Acceptance No discussion. ' CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY APRIL 22, 2019 I PAGE 4 OF 16 UNAPPROVED 304. Resolution 2019-08 in recognition of former City Manager Kevin L. Smith's service to the City of Winter Springs This Agenda Item was not discussed . 305. Resolution 2019-09 in recognition of former Chief of Police Kevin Brunelle's service to the City of Winter Springs No discussion. 306. Minutes from the Monday, March 25,2019 City Commission Regular Meeting There was no discussion on this Agenda Item . 307. Minutes from the Monday, April1, 2019 City Commission Workshop No discussion . 308. Planning and Community Visioning Services Agreement with the East Central Florida Regional Planning Council This Agenda Item was not discussed . REGARDING A MOTION TO APPROVE THE CONSENT AGENDA, "SO MOVED." MOTION BY COMMISSIONER HOVEY. MAYOR LACEY STATED, "SECONDED BY COMMISSIONER JOHNSON." DISCUSSION. VOTE: COMMISSIONER KENDRICK: AYE COMMISSIONER HALE: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR CANNON: AYE COMMISSIONER JOHNSON: AYE MOTION CARRIED. CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY APRIL 22 , 2019 I PAGES OF 16 PUBLIC HEARINGS AGENDA UNAPPROVED 400. Public Transmittal Hearing and First Reading of Ordinance 2019-06 regarding EAR based amendments to the Comprehensive Plan related to the Intergovernmental Coordination Element and transmit to the Department of Economic Opportunity and other reviewing agencies "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. City Attorney Anthony A. Garganese read Ordinance 2019-06 by "Title" only, referenced the basic process and noted , "If the Commission approves this, the Ordinance would be submitted to the Department of Economic Opportunity at which point state reviewing agencies will have about thirty (30) days in which to provide any comments, should they have any, and this Ordinance would then come back to the Commission for Second and Final Reading sometime in July of this year." Brief comments followed on updates, possible future agreements, and compliance. Mayor Lacey opened "Public Input". There were no Speakers at this time. Mayor Lacey closed "Public Input". "MOTION TO APPROVE." MOTION BY COMMISSIONER KENDRICK. MAYOR LACEY CONFIRMED, "SECONDED BY DEPUTY MAYOR CANNON." DISCUSSION. VOTE: DEPUTY MAYOR CANNON: AYE COMMISSIONER KENDRICK: AYE COMMISSIONER JOHNSON: AYE COMMISSIONER HALE: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY APRIL 22, 2019 I PAGE 6 OF 16 UNAPPROVED 401. First Reading of Ordinance 2019-05 a Temporary Moratorium within the jurisdictional limits of the City of Winter Springs regarding the filing, processing, consideration, or decision of conditional uses, special exceptions and waivers ("special zoning permits") under Chapter 20 of the City's zoning code "Regarding the First Reading of Ordinance 2019-05, Mayor Lacey asked, "Motion to read by 'Title' only?" MOTION. MOTION BY COMMISSIONER JOHNSON. SECONDED BY DEPUTY MAYOR CANNON. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2019-05 by 'Title" only. Commissioner Kendrick commented on the Ordinance and said that he did not really think the scope was limited, referenced a Moratorium Ordinance related to multifamily that he recently offered , mentioned how some businesses he had been in contact with thought that this suggested Moratorium would actually cut out any competition and provide them with more customers, that the Planning and Zoning Board/Local Planning Agency had recommended a time frame of sixty (60) days rather than ninety (90) days, and his impression was that this Moratorium might set a bad precedent for the future of Winter Spr i ngs. Deputy Mayor Kevin Cannon asked for support for this proposed Ordinance, suggested the City put together a specific and complete plan for Economic Development as we do not have one, and thought we should include various organizations in this effort. Deputy Mayor Cannon also commented on the proposed Visioning program . Further remarks followed on how a Moratorium might affect a community. Commissioner Ted Johnson commented on miscommunication related to proposed Moratoriums, said that he supported the suggested proposed Moratorium, and thought it offered protection for citizens. Next, Commissioner TiAnna Hale said she wanted to ensure a good quality of life for the residents, anticipated that businesses could be included in a plan for the community, and inquired as to possibly modifying the proposed Moratorium from ninety (90) days to sixty (60) days. CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY APRIL 22, 2019 I PAGE 7 OF 16 UNAPPROVE L1 Additionally, Commissioner Hale hoped Developers would give the City some time to consider which direction the City Commission wanted to go, spoke of changes to the Comprehensive Plan , and that she wanted Developers to be a part of the Visioning process. Discussion ensued as to whether the City had received any Applications since the new year for new development projects, if the timeframe of the Moratorium could be adjusted without it affecting the current process, Special Exceptions, future developments, a possible Wendy's project, setbacks, what the City Attorney and the Interim City Manager thought of a possible adjustment in the Moratorium timeline from ninety (90) days to sixty (60) days, the upcoming Visioning process as well as the proposed schedule, and Staff interactions with Developers. Commissioner Kendrick commented on zero lot line setbacks. Deputy Mayor Cannon said he hoped that Staff and the City Attorney could identify zero lot line setbacks and suggested these could possib ly be addressed at the April 29, 2019 Workshop, and then considered for inclusion in revised Land Development Regulations. Continuing, remarks followed on the proposed Moratorium, timelines, and potential dates related to deliverables associated with the Visioning proposal from the East Central Florida Regional Planning Council. Commissioner Johnson spoke of perceptions, and then asked Mr. Bryant Smith, Ill, P.E., CFM, City Engineer, Community Development Department if he was aware of any concerns should this proposed Moratorium be approved, to which Mr. Smith noted he had received some comments of concern from some Developers who potentially might have projects planned for the Town Center. Deputy Mayor Cannon further inquired of Interim Manager Boyle, Attorney Garganese and Mr. Smith if they had heard from any Developers about potential issues as a result of the proposed Moratorium. Interim Manager Boyle said he had not received any. Attorney Garganese responded that he had heard general comments about uncertainty. Mr. Smith concurred with what Interim Manager Boyle and Attorney Garganese stated . Mayor Lacey opened "Public Input ". Mr. Paul Partyka, 404 Park Lake Drive, Winter Springs, Florida: spoke against the proposed Moratorium Ordinance, said that a Moratorium implies a perception of not being open for business, mentioned that a good Visioning plan would take quite some time, added that the City Commission is who protects and controls growth or issues, and suggested that if this Moratorium Ordinance was passed , he thought the Mayor should Veto such Ordinance. CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY APRIL 22, 2019 I PAGE 8 OF 16 UNAPPROVED Mr. Ryan Stahl, 630 South Maitland Avenue, Suite 700, Ma i tland, Florida: explained why Developers would not be interested in developing a property if a Moratorium was in effect, his preference that going forward, the previously referenced Pinch-A Penny site should be referred to differently, explained that Developers typically have to work w ith City Managers and cannot contact Elected Officials, and urged the City Commission to hear from Developers. Comments followed on whether an Application could be submitted during a Moratorium . Attorney Garganese pointed out that the proposed Moratorium is applicable to Special Zoning Permits. With continued remarks, Mr. Stahl added that if roundtable discussions could be held , Developers could converse more with Elected Officials. Commissioner Hale pointed out that she supported roundtable discussions. Deputy Mayor Cannon suggested Mr. Stahl meet with Interim Manager Boyle and City Staff on his plans and thought if some small setbacks were all that was needed, then that could be reviewed and considered. Deputy Mayor Cannon and Commissioner Kendrick both agreed they were also interested in roundtable discussions with Developers. Further discussion continued. Mayor Lacey noted, "I agree with Commissioner Hale and that it would be a nice addition to one of our future Workshops, if we were to ask for their guidance and input on what they think is feasible and invite them to participate. Would the Commission have any objection to that?" Commissioner Kendrick and Deputy Mayor Cannon remarked, "No." No objections were heard . Deputy Mayor Cannon added, "I would like to have them on a very soon -even Monday night's Agenda . I would like for them to highlight for us as Developers, some of the challenges with these setbacks and some of the other Variances in the Town Center-Special Exceptions. Let us get them in at the table, let them lay down some examples of what p rospective tenants they have and problems that they are hearing from prospective tenants or problems that they are hearing ." Comments followed including having the Visioning program facilitators hear from local Developers. Deputy Mayor Cannon remarked further about addressing the Land Development Regulations and the preliminary procedural revisions that Attorney Garganese had drafted. With further remarks, Deputy Mayor Cannon added , "We need the Developers to come to us and to City Staff and say, These are specific provisions in the Land Development Regulations that are problematic for us, can we address those now'." CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY APRIL 22, 2019 I PAGE 9 OF 16 UNAPPROVED Mayor Lacey noted, "There are a lot of things we don't know now. I would not like to handcuff the City Manager into insisting that it be the next meeting because there are variables in terms of whether the guests that we would like-can make it or not, whether their schedule can accommodate it. So, I would like for the direction to the City Manager to be to do it as soon as possible. Next week is not too early; but if everything aligns, as soon as possible. Would that be acceptable to the Commission?" Commissioner Hale nodded affirmatively. Deputy Mayor Cannon mentioned due diligence and thought that even if a Special Meeting was needed, the City Commission needed to have roundtable discussions with Developers. No dissent was voiced. Mayor Lacey then said that there were a couple of Mondays open before the next Regular Meeting of the City Commission. Commissioner Kendrick agreed with what Deputy Mayor Cannon had suggested and specifically asked that an actual table be used for such a meeting and that if more than one Workshop/roundtable meeting was needed, that was agreeable to him. Deputy Mayor Cannon again stated that he was in agreement with roundtable discussions and also urged Developers to meet with City Staff beforehand to point out what issues they may have with the City's Land Development Regulations. Mr. Bryan Schultz, 6474 Montclair Bluff Lane, Windermere, Florida: spoke in agreement with what Mr. Partyka and Mr. Stahl had said in opposition to the proposed Moratorium Ordinance, and asked about the timeline when Special Exceptions/Applications could be submitted with consideration of the Moratorium Ordinance being considered, as well as Zoning changes, the process, and related timelines. Discussion continued. Mr. Lee Barnes, 2804 Wright Avenue, Winter Park, Florida: said he worked for a land brokerage company and that questions had arisen with potential clients regarding working with the City, and asked how the Moratorium idea had originally been brought up. Mayor Lacey briefly addressed Mr. Barnes' comments. Mr. James Vanderkrake, Senior Project Manager, Infinity Engineering Croup, LLC., 7208 East Kennedy Boulevard, Suite 230, Tampa, Florida: said that he was working on a potential Wendy's project, and mentioned related plans, setbacks, Special Exceptions and noted that he could have a project ready to go very soon. CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY APRIL 22, 2019 I PAGE 10 OF 16 UNAPPROVED Mr. James Evans, 277 Almaden Court, Winter Springs, Florida: commented on remarks related to possibly going around the proposed Moratorium, Special Exceptions, Waivers, interim Code changes, and said that he was against the suggested Moratorium. Discussion ensued on the process, driving patterns within the Winter Springs Town Center, and adverse impacts to businesses in our City. "MOTION TO EXTEND THE MEETING TO AT LEAST COVER THE REGULAR AGENDA BECAUSE THERE ARE TWO (2) ITEMS ON THERE THAT WE NEED TO DISCUSS." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. MAYOR LACEY REITERATED THE MOTION WHICH WAS TO "EXTEND THE MEETING PAST THE 8:30 TIME SUFFICIENT TO COVER ITEMS '500' AND '501'." COMMISSIONER HOVEY STATED, "YES." MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Mayor Lacey closed "Public Input". "MOTION TO APPROVE ORDINANCE 2019-05." MOTION BY DEPUTY MAYOR CANNON. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. MAYOR LACEY SUGGESTED THE ORDINANCE NOT BE APPROVED AND TO INSTEAD FOCUS ON FIXING ISSUES IN THE CITY. VOTE: COMMISSIONER HOVEY: NAY DEPUTY MAYOR CANNON: AYE COMMISSIONER KENDRICK: NAY COMMISSIONER JOHNSON: AYE COMMISSIONER HALE: AYE MOTION CARRIED. Mayor Lacey pointed out, 'This Ordinance will be back for Second Reading in three (3) weeks time." CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY APRIL 22, 2019 I PAGE 11 OF 16 'UNAPPROVED 402. First Reading of Ordinance 2019-07 amending Chapter 13, Article II Noise regarding prohibited noise disturbances to include the use of power equipment and power ground maintenance equipment outdoors in residential areas during certain late evening and early morning hours and modifying the emergency exception under Chapter 13, Article II FOR THE FIRST READING OF ORDINANCE 2019-07, "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KENDRICK. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2019-07 by 'Title" only. In terms of this proposed Ordinance, Commissioner Kendrick mentioned he thought that this Ordinance seemed more heavy handed that what he originally supported. Further comments. Mayor Lacey noted the current time and said, "Without action by the Commission, I am obliged to move on to item '500'. I know we have a number of people here who are interested in this Ordinance. Would there possibly be a Motion for the extension to include conclusion of item '402'?" "SO MOVED." MOTION BY COMMISSIONER HOVEY. MAYOR LACEY STATED, SECONDED BY DEPUTY MAYOR CANNON. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Discussion continued about people not following rules or being considerate of others, and possible future issues with landscape companies if they are not able to do their work. Mayor Lacey opened "Public Input". No one spoke. Mayor Lacey closed "Public Input". CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY APRIL 22, 2019 I PAGE 12 OF 16 UNAPPROV~U "MOTION TO APPROVE 2019-07." MOTION BY DEPUTY MAYOR CANNON. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. VOTE: COMMISSIONER HALE: NAY COMMISSIONER JOHNSON: AYE DEPUTY MAYOR CANNON: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KENDRICK: NAY MOTION CARRIED. 403. First Reading of Ordinance 2019-08 regarding buildings and building administrative regulations and providing for the adoption of Section 6-88 regarding construction site management and related conforming amendments to the City Code This Agenda Item was not addressed. REGULAR AGENDA 500. Discussion on preferences for serving on the Florida League of Cities' five Legislative Policy Committees Commissioner Hovey commented that she had been serving on the "Municipal Administration" Policy Committee. Deputy Mayor Cannon pointed out that he has been serving on the "Utilities, Natural Resources & Public Works" Policy Committee and would like to continue serving on this Policy Committee for at least another year. Commissioner Kendrick remarked about possible options and how he was very active with the Tri-County League of Cities as well as the Florida League of Cities and he would like to continue serving on one of these Policy Committees. Further discussion followed on the process, the upcoming Application deadline, and how Commissioner Hale would be interested in serving and getting more involved. CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY APRIL 22, 2019 I PAGE 13 OF 16 UNKPPROVED Mayor Lacey noted that he had been serving on the "Finance, Taxation & Personnel" Policy Committee; how a former Commissioner has been serving on the "Land Use & Economic Development" Policy Committee; Commissioner Hovey had been Appointed to the "Municipal Administration" Policy Committee; and Commissioner Kendrick had been Appointed to serve on the "Transportation and Intergovernmental Relations" Policy Committee. As previously mentioned, Deputy Mayor Cannon had been serving on the "Utilities, Natural Resources & Public Works" Policy Committee. Further remarks. Mayor Lacey pointed out that the "Land Use & Economic Development" Policy Committee does not have an incumbent to which Commissioner Johnson stated that he had attended one of their meetings before and that Policy Committee would actually be his preference. Discussion ensued on the Application and Appointment process. Next, Commissioner Hovey said to Commissioner Hale, "I will give up the 'Municipal Administration' if you are interested in that committee." Commissioner Hale responded, "I would be happy-thank you very much ." Commissioner Hovey added that an Application should be sent to Commissioner Johnson and Mayor Lacey suggested that the City Clerk do that. City Clerk Andrea Lorenzo-Luaces stated, "I can do that." 501. Seat Two Replacement Appointment to the 2019 Districting Commission Mayor Lacey remarked, "Deputy Mayor, the Appointment to the 2019 Districting Commission to take Ms. (Colleen) Murphy's place." REGARDING A REPLACEMENT FOR THE DISTRICT TWO POSITION ON THE 2019 DISTRICTING COMMISSION, "I NOMINATE DAVID WITHEE TO SERVE IN THAT CAPACITY." MOTION BY DEPUTY MAYOR CANNON. SECONDED BY COMMISSIONER HALE. DISCUSSION. CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY APRIL 22. 2019 I PAGE 14 OF 16 VOTE: DEPUTY MAYOR CANNON: AYE COMMISSIONER HOVEY: AYE COMMISSIONER HALE: AYE COMMISSIONER JOHNSON: AYE COMMISSIONER KENDRICK: AYE MOTION CARRIED. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 8:47p.m . UNAfPROVED •!••!• AGENDA NOTE: THE REST OF THE AGENDA AS NOTED BELOW WAS NOT DISCUSSED. •! .. !• REPORTS 600. City Attorney Anthony A. Garganese, Esquire 601. Interim City Manager Shawn Boyle 602. City Clerk Andrea Lorenzo-Luaces, MMC 603. Seat One Commissioner Jean Hovey 604. Seat Two Commissioner/Deputy Mayor Kevin Cannon CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY APRIL 22, 2019 I PAGE 15 OF 16 605. Seat Three Commissioner Ted Johnson 606. Seat Four Commissioner TiAnna Hale 607. Seat Five Commissioner Geoff Kendrick 608. Mayor Charles Lacey PUBLIC INPUT RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY UNAPrROVED NOTE: These Minutes were approved at the ________ , 2019 C ity Commission Regular Meeting . CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY APRIL 22, 2019 I PAGE 16 OF 16 TITLE Second Reading of Ordinance 2019-07 regarding prohibited noise disturbances in residential areas SUMMARY During the City Commission workshop process, which has been taking place this past month, the City Commission expressed a desire to adopt modiﬁcations to the City noise ordinance to speciﬁcally prohibit noise generated by power equipment and power ground maintenance equipment during certain hours of the day in residential areas. Additionally, the City Commission expressed a desire to clarify the emergency exception under the City’s noise ordinance to speciﬁcally include the City’s use of emergency management declarations and the emergency use of generators. Ordinance No. 2019-07 was preliminarily reviewed at the Commission workshop on April 15, 2019. At that meeting, the consensus of the City Commission was to proceed with the public hearing and adoption process of Ordinance No. 2019-07, with additional modiﬁcations being made to the Ordinance regarding the emergency exception. Relevant to the proposed Ordinance No. 2019-07, the existing Noise ordinance, Chapter 13, Article II, deﬁnes the following applicable terms:  Residential area means those areas zoned and designated for residential uses on the city's official zoning map (including, but not limited to, R-1AAA, R-C1, R-1AA, R-1A, R-1, R-3 and PUD residential) and/or future land use map or areas where residential uses exist.  Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage that demands immediate action.  Emergency work means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. If Ordinance No. 2019-08 is adopted, the Ordinance will prohibit the following noise in residential areas: PUBLIC HEARINGS AGENDA ITEM 400 CITY COMMISSION AGENDA | MAY 13, 2019 | REGULAR MEETING PUBLIC HEARINGS AGENDA ITEM 400 | MONDAY, MAY 13, 2019 | PAGE 2 OF 3 Power Tool Equipment and Power Ground Maintenance Equipment. It shall be unlawful to operate or permit to be operated any power tool equipment or power ground maintenance equipment in residential areas outdoors between the hours of 10:00 p.m. and 7:00 a.m. the following day, with the exception that the outdoor use of ground maintenance equipment on public recreational ﬁelds and golf courses within residential areas shall be unlawful under this subsection between the hours of 10:00 p.m. and 6:30 a.m. the following day. The terms “power tool equipment” and “power ground maintenance equipment” will be deﬁned as follows:  Power tool equipment shall mean a tool that is actuated by an additional power source and mechanism other than the solely manual labor used with hand tools. The most common types of power tools use electric motors, internal combustion engines, and compressed air. Power tools may be stationary or portable and are used in industry, in construction, in the garden, for housework tasks such as cleaning and power washing, and around the house for purposes of driving (fasteners), drilling, mixing, cutting, shaping, sanding, grinding, routing, polishing, painting, heating, cooling and more.  Power ground maintenance equipment shall mean stationary or portable specialty equipment and vehicles that are actuated by an additional power source and mechanism other than the solely manual labor used with hand tools. The most common types of such power equipment and vehicles use electric motors, internal combustion engines and compressed air including, but not limited to, lawn and other mowers, trimmers, blowers, edgers, rotary brushes, tractor mounted devices, mechanical rakes, chainsaws, hydraulic lifts, mechanical sprayers, construction trucks, mechanical sod cutters, chippers, and trenchers. Such equipment does not include ground and plant irrigation equipment. In addition, the proposed Ordinance No. 2019-07 modiﬁes the existing emergency exception in the Noise Ordinance to clarify that emergencies include: (1) exemptions enacted pursuant to an emergency declaration under Chapter 2, Article VII of the City Code; (2) emergency use of a generator. At the April 22, 2019 City Commission meeting, the Commission voted 3-2 recommending the City Commission approve Ordinance 2019-07. PUBLIC HEARINGS AGENDA ITEM 400 | MONDAY, MAY 13, 2019 | PAGE 3 OF 3 RECOMMENDATION Staff recommends the City Commission conduct a Public Hearing for consideration of passing Ordinance 2019-07 on Second Reading. City of Winter Springs Ordinance No. 2019-07 Page 1 of 5 ORDINANCE NO. 2019-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, CHAPTER 13, ARTICLE II REGARDING PROHIBITED NOISE DISTURBANCES TO INCLUDE THE USE OF POWER EQUIPMENT AND POWER GROUND MAINTENANCE EQUIPMENT OUTDOORS IN RESIDENTIAL AREAS DURING CERTAIN LATE EVENING AND EARLY MORNING HOURS; MODIFYING THE EMERGENCY EXCEPTION UNDER CHAPTER 13, ARTICLE II; 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 Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission previously adopted comprehensive noise regulations as provided in Chapter 13, Article II of the City Code to address excessive sound which constitutes a serious hazard to the public health and welfare, safety, and the quality of life of the citizens of the City of Winter Springs; and WHEREAS, the citizens of the City of Winter Springs should continue to have a right to and should be ensured an environment free from excessive sound and vibration that may jeopardize their health or welfare or safety or degrade the quality of life; and WHEREAS, the regulation of sound and noise in public areas is an important function of government. See Davis v. State, 710 so. 2d 635 (Fla. 5th DCA 1998); and WHEREAS, protecting the public from excessively loud noise is a compelling state interest. See Grayned v. City of Rockford, 408 U.S. 104 (1972) (“If overamplified loudspeakers assault the citizenry, government may turn them down.”) (citing Kovacs, 336 U.S. at 80, 69 S.Ct. 448, and Saia, 334 U.S. at 562, 68 S.Ct. 1148); and WHEREAS, the amendments to the City’s Noise Ordinance set forth herein are based on a significant number of citizen complaints regarding the operation of power and grounds maintenance equipment in residential areas during unreasonable hours of the day that negatively impact the peace, serenity and repose of residents in their homes; and WHEREAS, the amendments set forth herein have been recommended by the City’s Police Chief, whose department is primarily responsible for enforcing the provisions of the C ity’s Noise Ordinance; and WHEREAS, the City Commission finds that the limitations on noise within the City of Winter Springs, as provided herein, are unrelated to viewpoint and the content of any messa ge, and will further the City’s legitimate and substa ntial government interest in minimizing noise pollution; and City of Winter Springs Ordinance No. 2019-07 Page 2 of 5 WHEREAS, the City Commission finds that the goals of this Ordinance are unrelated to the suppression of free expression; and WHEREAS, the City Commission finds that the amendment to Section 13-31 provided herein is intended to be a specific prohibited noise disturbance that is applicable at the time prescribed herein notwithstanding the decibel-based standards set forth elsewhere in Chapter 13, Article II; 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 welfare of the citizens of Winter Springs NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2. Code Amendment – Definitions. Section 13-27 of the City Code is hereby amended to add the following new definitions (underlined type indicates additions): Power tool equipment shall mean a tool that is actuated by an additional power source and mechanism other than the solely manual labor used with hand tools. The most common types of power tools use electric motors, internal combustion engines and compressed air. Power tools may be stationary or portable and are used in industry, in construction, in the garden, for housework tasks such as cleaning and power washing, and around the house for purposes of driving (fasteners), drilling, mixing, cutting, shaping, sanding, grinding, routing, polishing, painting, heating, cooling and more. Power ground maintenance equipment shall mean stationary or portable specialty equipment and vehicles that are actuated by an additional power source and mechanism other than the solely manual labor used with hand tools. The most common types of such power equipment and vehicles use electric motors, internal combustion engines and compressed air including, but not limited to, lawn and other mowers, trimmers, blowers, edgers, rotary brushes, tractor mounted devices, mechanical rakes, chainsaws, hydraulic lifts, mechanical sprayers, construction trucks, mechanical sod cutters, chippers, and trenchers. Such equipment does not include ground and plant irrigation equipment. Section 3. Code Amendment - Prohibitions. Sections 13-31 and 13-32 of the City Code are hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions): Sec. 13-31. - Specific—Noise disturbances prohibited. The following acts, and the causing thereof, are declared to be in violation of this article: (a) Electronic device; musical instruments. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound: City of Winter Springs Ordinance No. 2019-07 Page 3 of 5 (1) Between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as to create a noise disturbance across a real property boundary or withi n a noise sensitive zone, except for activities open to the public and for which a special event variance has been issued by the city according to the criteria set forth in section 13-33; (2) In such a manner as to create a noise disturbance at twenty-five (25) feet from such device, when operated in or on a motor vehicle on a public right-of-way or public space, or in a boat on public waters; (3) In such a manner as to create a noise disturbance to any person other than the operator of the device, when operated by any passenger on a common carrier. (b) Loud speakers. Using or operating any loudspeaker, public address system, or similar device: (1) Between the hours of 10:00 p.m. and 7:00 a.m. the following day, such that the sound therefrom creates a noise disturbance across a real property boundary or within a noise sensitive zone; (2) Between the hours of 10:00 p.m. and 7:00 a.m. the following day on a public right-of-way or public space. (c) Animals; birds. Having control and possession of any animal or bird whi ch frequently or for continued duration, howls, barks, meows, squawks, or makes other sounds which create a noise disturbance across a residential real property boundary or within a noi se sensitive zone. (This provision shall not apply to public zoos and public paw parks). (d) Construction. Operating or permitting the operation of any mechanically powered tools or equipment used in construction, drilling, or demolition work between the h ours of 10:00 p.m. and 7:00 a.m. the following day. Sound levels created by construction, drilling, or demolition activities shall not cause a noise disturbance at or across a real property boundary, except for bona fide emergency work of or by special variance issued pursuant to this article; (e) Vehicle and boat repairs. Repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle, or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary or within a noise sensitive zone. (f) Places of public entertainment. Operating, playing, or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound in any place of public entertainment at a sound level greater than the maximum permissible limit measure at the property line for commercially zoned areas. (g) Explosives. Using or firing explosives or similar devices which create impulsive s ound so as to cause a noise disturbance across a real property bou ndary or on a public space or right-of-way, without first obtaining a special variance pursuant to this article. (h) Model vehicles. Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential real property boundary, in a public space or within a noise sensitive zone between the hours of 10:00 p.m. and 7:00 a.m. the following day. City of Winter Springs Ordinance No. 2019-07 Page 4 of 5 (i) Motorboats. Operating or permitting the operation of any motorboat in any lake, river, stream, or other waterway in such a manner as to create a noise disturbance at fifty (50) feet or the nearest shoreline, whichever distance is less. (j) Noise sensative zones. Creating or causing the creation of any sound within any noise sensitive zone designated pursuant to this article so as to disrupt the activities normally conducted within the zone or that exceeds the maximum permissible sound level established for said zone pursuant to section 13-43, provided that conspicuous signs are displayed indicating the presence of the zone. (k) Power Tool Equipment and Power Ground Maintenance Equipment. It shall be unlawful to operate or permit to be operated any power tool equipment or power ground maintenance equipment in residential areas outdoors between the hours of 10:00 p.m. and 7:00 a.m. the following day, with the exception that the outdoor use of ground maintenance equipment on public recreational fields and golf courses within residential areas shall be unlawful under this subsection between the hours of 10:00 p.m. and 6:30 a.m. the following day. Sec. 13-32. - Emergency exception. The provisions of this article shall not apply to the emission of sound for the purpose of alerting persons to the existence of any emergency, or the emission of sound in the performance of emergency work, or exemptions enacted pursuant to an emergency declaration under Chapter 2, Article VII of the City Code, or to the emergency use of a generator. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts or ordinances and resoluti ons in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, a nd any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typograp hical, 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 6. Severability. If any section, subsection, sentence, clause, phrase, word, or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 7. Effective Date. This Ordinance shall become effective upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. [Adoption Page Follows] City of Winter Springs Ordinance No. 2019-07 Page 5 of 5 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the ____ day of _________________, 2019. Charles Lacey, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: Legal Ad: First Reading: Anthony A. Garganese, City Attorney Second Reading: D4 |Orlando Sentinel Thursday,May 2,2019 Notice of Public MeetiNg Dates of the coNstructioN coMMittee of the boggy creek,greeNeway,aND Myrtle creek iMProveMeNt Districts The Construction Committee of the Boggy Creek,Greeneway,and Myrtle Creek Improvement Districts will be meeting on May 9,2019 and May 23, 2019,at 3:30 p.m.in the office of Donald W.McIntosh Associates,Inc.,2200 Park Avenue North,Winter Park,FL 32789. The Construction Committee will discuss and review the status of current and future Infrastructure Improvements,Requests for Qualifications,Requests for Proposals, etc.,related to the Districts.The meeting will be open to the public and will be conducted in accordance with provisions of Florida Law for Community Development Districts. The meetings may be continued to a date,time,and place to be specified on the record at the meeting. CITY OF WINTER SPRINGS NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION PROPOSES TO CONSIDER:ORDINANCE NO.2019-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS,FLORIDA, REGARDING BUILDINGS AND BUILDING ADMINISTRATIVE REGULATIONS;PROVIDING FOR THE ADOPTION OF SECTION 6-88 REGARDING CONSTRUCTION SITE MANAGEMENT AND RELATED CONFORMING AMENDMENTS TO THE CITY CODE;PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS;INCORPORATION INTO THE CODE;SEVERABILITY AND AN EFFECTIVE DATE. PUBLIC HEARING FOR SECOND READING WILL BE HELD ON MONDAY,MAY 13,2019 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL,1126 EAST STAT E ROAD 434, WINTER SPRINGS,FLORIDA.THE CITY COMMISSION RESERVES THE RIGHT TO POSTPONE OR CONTINUE THE PUBLIC HEARING ON THIS ORDINANCE AT THIS MEETING WITHOUT FURTHER NOTICE. The proposed ordinance may be inspected by interested parties between 8 a.m.and 5 p.m.,Monday through Friday,at the City’s Clerk’s Office,located at 1126 East State Road 434,Winter Springs,Florida.For more information call (407)327-1800, Extension 227.Interested parties may appear at the meeting and be heard with respect to the proposed ordinance. 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,Extension 236.These are public hearings.If you decide to appeal any recommendation/ 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. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinance. OSC6258218 5/2/2019 CITY OF WINTER SPRINGS NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION PROPOSES TO CONSIDER:ORDINANCE NO.2019-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS,FLORIDA; AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, CHAPTER 13,ARTICLE II REGARDING PROHIBITED NOISE DISTURBANCES TO INCLUDE THE USE OF POWER EQUIPMENT AND POWER GROUND MAINTENANCE EQUIPMENT OUTDOORS IN RESIDENTIAL AREAS DURING CERTAIN LATE EVENING AND EARLY MORNING HOURS; MODIFYING THE EMERGENCY EXCEPTION UNDER CHAPTER 13, ARTICLE II;PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE;SEVERABILITY AND AN EFFECTIVE DATE. PUBLIC HEARING FOR SECOND READING WILL BE HELD ON MONDAY,MAY 13,2019 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL,1126 EAST STAT E ROAD 434, WINTER SPRINGS,FLORIDA.THE CITY COMMISSION RESERVES THE RIGHT TO POSTPONE OR CONTINUE THE PUBLIC HEARING ON THIS ORDINANCE AT THIS MEETING WITHOUT FURTHER NOTICE. The proposed ordinance may be inspected by interested parties between 8 a.m.and 5 p.m.,Monday through Friday,at the City’s Clerk’s Office,located at 1126 East State Road 434,Winter Springs,Florida.For more information call (407)327-1800, Extension 227.Interested parties may appear at the meeting and be heard with respect to the proposed ordinance. 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,Extension 236.These are public hearings.If you decide to appeal any recommendation/ 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. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinance. OSC6258220 5/2/2019 Notice of Public heariNg Yo u are hereby informed that the City Council of the City of Maitland, Florida,will hold a Public Hearing on the following proposed ordinance: AN ORDINANCE OF THE CITY OF MAITLAND,FLORIDA RELATING TO PARKING OF VEHICLES ON PUBLIC STREETS AND DRIVEWAY S IN RESIDENTIALLY ZONED DISTRICTS;AMENDING THE CODE OF ORDINANCES,SECTION 18-23, “OTHER COMMERCIAL VEHICLES –RESTRICTIONS”,SECTION 21- 5,‘ZONING -SUPPLEMENTAL DISTRICT REGULATIONS,AND SECTION 21-23 “DEFINITIONS”; AMENDING THE TYPES OF VEHICLES PROHIBITED ON PUBLIC STREETS AND DRIVEWAY S IN RESIDENTIAL ZONED DISTRICTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. The Public Hearing will be held at 6:30 P.M .,or as soon thereafter as possible, on Monday,May 13,2019 in the Maitland City Hall Council Chambers, 1776 Independence Lane,Maitland, Florida,32751. A copy of the proposed ordinance is available in the office of the City Clerk for inspection.Interested parties may appear at the hearing and be heard with respect to the proposed ordinance. Any person who decides to appeal any decision made at this meeting or hearing,will need a record of the proceedings,and that,for such purpose,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk’s office (407-539-6219)48 hours in advance of the meeting. CITY OF MAITLAND Maria T.Waldrop,MMC City Clerk OS6248795 5/2/19 ***Adult CAregiver -(ChristiAn)*** 20 yrs exp 12 hrs/live in 407-701-2201 in the CirCuit COurt OF the ninth JudiCiAl CirCuit in And FOr OrAnge COuntY,FlOridA GENERAL JURISDICTION DIVISION Case No.2009-CA-016442-O Deutsche Bank National Trust Company,as Trustee for NovaStar Mortgage Funding Trust,Series 2007-1, Plaintiff, vs. Lloyd A.Story,et al.,Defendants. NOTICE IS HEREBY GIVEN pursuant to an Order granting Motion to Cancel and Reset Foreclosure Sale dated March 12,2019,entered in Case No.2009-CA-016442-O of the Circuit Court of the Ninth Judicial Circuit, in and for Orange County,Florida, wherein Deutsche Bank National Trust Company,as Trustee for NovaStar Mortgage Funding Trust,Series 2007- 1 is the Plaintiff and Lloyd A.Story; Sarah K.Lovejoy;The Bay Vista Estates Homeowner’s Association, Inc.;Unknown Te nant(s)In Possession #1 and #2,and All Other Unknown Parties,including,if a named Defendant is deceased,the personal representatives,the surviving spouse, heirs,devisees,grantees,creditors,and all other parties claiming,by,through, under or against that Defendant,and all claimants,persons or parties, natural or corporate,or whose exact legal status is unknown,claiming under any of the above named or described Defendants are the Defendants,that Tiffany Russell,Orange County Clerk of Court will sell to the highest and best bidder for cash by electronic sale at www.myorangeclerk.realforeclose. com,beginning at 11:00 on the 14th day of May,2019,the following described property as set forth in said Final Judgment,to wit: LOT 41,BAY VISTA ESTATES UNIT 1,ACCORDING TO THE PLAT THEREROF,RECORDED IN PLAT BOOK 12,PA GES 70 AND 71,PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. Any person claiming an interest in the surplus from the sale,if any,other than the property owner as of the date of the lis pendens must file a claim within 60 days after the sale. Dated this ___day of ___,2019. BROCK &SCOTT,PLLC Attorney for Plaintiff 2001 NW 64th St,Suite 130 Ft.Lauderdale,FL 33309 Phone:(954)618-6955,ext.6108 Fax:(954)618-6954 FLCourtDocs@brockandscott.com By Giuseppe Cataudella,Esq.Florida Bar No.88976 PUBLISH IN:THE BUSINESS OBSERVER If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the ADA Coordinator,Human Resources,Orange County Courthouse, 425 N.Orange Avenue,Suite 510, Orlando,Florida,(407)836-2303,at least 7 days before your scheduled court appearance,or immediately upon receiving this notification if the Notice of Public auctioN by oraNge couNty sheriff’s office NOTICE IS HEREBY GIVEN,that I, JOHN W.MINA,as Sheriff of Orange County,Florida,will sell fleet vehicles and forfeitures,at a public auction for cash on demand.This auction will be held on the 11th day of May,2019, beginning at 9 o’clock in the forenoon or soon thereafter on said day on the premises of Tampa Machinery Auction,Inc.(License#AB135/AU871) located,in Thonotosassa,Hillsborough County,Florida.A complete list may be seen the day of the viewing at U.S. Highway 301 five miles north of 1-4,in Thonotosassa,Hillsborough County, Florida.Prospective bidders may pre- register on-line at www.tmauction.com and view the items the day before the sale between the hours of 8:00 am to 5:00 p.m.and the morning of the sale between 7:30 a.m.and 9:00 am.You must be sixteen or older with proper I.D.to attend and 18 or older to bid.All items will be SOLD AS IS AND WITH NO WARRANTIES.SOLD SUBJECT TO ALL TA XES.ALL SALES ARE FINAL. In accordance with the Americans with Disabilities Act,persons needing a special accommodation to participate in this proceeding should contact Eric Nieves,Civil Process Sales Coordinator not later than seven days prior to the proceeding at Orange County Sheriffs Office,425 North Orange Avenue,Suite 240.Te lephone:407-836-4570;If hearing impaired,(TDD)1-800-955-8771,or Vo ice (V)1-800-955-8770,via Florida Relay Service JOHN W.MINA,as Sheriff Orange County,Florida By:Lieutenant Kyle Morse as Deputy Sheriff OS6256931 05/02,05/09/2019 notice oF sale You and each of you are hereby notified that on May 15th.2019 at 10:00 am,the vehicle (s)described below will be sold.Location 6512 Old Cheney Hwy. Orlando,Fl.32807,Orange County 02 HYUN KMHDN45D42U442857 OS6249122 5/3/19 notice oF sale You and each of you are hereby notified that on May 14th.2019 at 10:00 am,the vehicle (s)described below will be sold.Location 6512 Old Cheney Hwy. Orlando,Fl.32807,Orange County 12 SDC Vessel GDYJ6782F212 OS6249111 5/2/19 Notice of Public heariNg You are hereby informed that the City Council of the City of Maitland, Florida,will hold a Public Hearing on the following proposed ordinance: AN ORDINANCE OF THE CITY OF MAITLAND,FLORIDA, RELATING TO THE REGULATION, PLACEMENT AND USE OF TEMPORARY UNMANNED RECYCLING AND COLLECTION CONTAINERS;AMENDING CHAPTER 21-5 “SUPPLEMENTAL REGULATIONS”OF THE CODE OF ORDINANCES;PROVIDING FOR CODIFICATION;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. The Public Hearing will be held at 6:30 P.M .,or as soon thereafter as possible, on Monday,May 13,2019 in the Maitland City Hall Council Chambers, 1776 Independence Lane,Maitland, Florida,32751. A copy of the proposed ordinance is available in the office of the City Clerk for inspection.Interested parties may appear at the hearing and be heard with respect to the proposed ordinance. Any person who decides to appeal any decision made at this meeting or hearing,will need a record of the proceedings,and that,for such purpose,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk’s office (407-539-6219)48 hours in advance of the meeting. CITY OF MAITLAND Maria T.Waldrop,MMC City Clerk OS6248767 5/2/19 There may be occasions when one or more members of the Committee and/ or District Staff will participate by telephone.Pursuant to the provisions of the Americans with Disabilities Act,any person requiring special accommodations at these meetings because of a disability or physical impairment should contact the District Office at 407-723-5900 at least 48 hours prior to the meeting.If you are hearing or speech impaired,please contact the Florida Relay Service at 1-800-955-8770 to aid you in contacting the District Office. Any person who decides to appeal any decision made by the Committee with respect to any matter considered at the meeting is advised that the person will need a record of the proceedings and that,accordingly,the person may need to ensure that a verbatim record of the proceedings is made,including the testimony and evidence upon which such appeal is to be based. Lynne Mullins Assistant District Manager OS6240348 5/2/19 COnWAY YArd sAle! Second Blessings Thrift Shoppe,4545 Anderson Road,32812,Fri.&Sat, MAY 3&4,8:30-2PM Across FROM Conway Middle School-housewares- paintings-clothes-shoes-books-more! apopka,Wekiva village Community Garage Sale Wekiva Village Ln,Apopka,Sat.May 4. Gates open 9am-4pm.Household goods,small furniture,electronics, vinyl records and CDs,books and clothing. apopka Fri-Sun.May 3rd,4th &5th.9am-4pm 702 Trailwood Dr.Women’s Clothes, Shoes,Purses,Jewelry,Cake & Candy Pans &Molds.Tools,Exercise Bike &Much More. WanteD Freon r12 We pay CA$H.R12 R500 R11. Convenient.Certified professionals. www.refrigerantfinders.com 312-291- 9169 Vintage Costume Jewelry &watChes Sterling &gold items,old coins Pottery,glassware,pocket watches Old toys,Disney,furniture,knives, Military,hunting &fishing items Comic books,baseball cards,tools. Please call 407-257-5421.Thank you toP Dollar PaiD for Diabetic test striPs Unexpired And Unopened Local Pick- Up Call Paul 407-754-8477 moVInG saLe! Oriental Cherry Wood bedroom set (inc.dresser)$700 (407)230-0112 AdjustAble bed w.Headboard &Sleep Number Mattress.$1200.Call:407-351-5875 MerchandiseMerchandise FOR SALE MEETING NOTICE MetroPlan Orlando,The Metropolitan Planning Organization for the Orlando Urban Area,announces the following public meeting of the Transportation Disadvantaged Local Coordinating Board (TDLCB),to which all persons are invited: Date:Thursday,May 9,2019 Ti me:10:00 a.m. Place:MetroPlan Orlando 250 S.Orange Avenue,Suite 200 Orlando,FL 32801 Purpose:Regularly Scheduled TDLCB Meeting A copy of the detailed agendas for these meetings may be obtained by contacting Ms.Lisa Smith,Board Services Coordinator,MetroPlan Orlando,250 S.Orange Avenue,Suite 200,Orlando,FL 32801,407-481-5672,ext. 307,E-mail:lsmith@metroplanorlando. org or visiting info@metroplanorlando. org. Public participation is conducted without regard to race,color,national origin,sex,age,disability,religion, or family status.Persons wishing to express concerns,who require special assistance under the Americans with Disabilities Act,or who require language services (free of charge) should contact MetroPlan Orlando by phone at (407)481-5672 or by email at info@metroplanorlando.org at least three business days prior to the event. Anuncio de Reunión MetroPlan Orlando –la organización de planificación metropolitana (MPO) de los condados Orange,Osceola y Seminole –anuncia la siguiente reunión pública de la Junta de Coordinación Local para Personas con Desventaja de Transporte (TDLCB),la cual todos están invitados: Dia:jueves,mayo 9,2019 Hora:10:00 a.m. Lugar:MetroPlan Orlando 250 S.Orange Avenue,Suite 200 Orlando,FL 32801 Propósito:Reunión Regularmente Programada Para obtener copias de la agenda de esta reunión por favor contacten a la Sra.Lisa Smith,asistente administrativa,MetroPlan Orlando,250 S.Orange Avenue,Suite 200,Orlando, FL 32801,407-481-5672 extensión 307, email:lsmith@metroplanorlando.org o info@metroplanorlando.org. La participación pública se lleva a cabo sin distinción de raza,color,origen nacional,sexo,edad,discapacidad, religión o estado familiar.Las personas que deseen expresar inquietudes,que requieran asistencia especial bajo la Ley de Americanos con Discapacidad (ADA)o que requieran servicios de traducción (sin cargo)deben ponerse en contacto con MetroPlan Orlando por teléfono (407)481-5672 (marcar 0)o por correo electrónico info@ metroplanorlando.org por lo menos tres días antes del evento. OSC6254619 05/02/2019 stAte OF FlOridA dePArtMent OF envirOnMentAl PrOteCtiOn nOtiCe OF APPliCAtiOn The Department of Environmental Protection announces receipt of an application for permit ERP 0316816- 006 from The City of Deltona to modify the permit to construct and operate a RIB Expansion.The proposed project will be located in Vo lusia County, at Latitude (OMS)28°52’53.24”N Longitude (OMS)81°15’1.82”W at 601 Mobley Drive,Deltona,FL 32725. The Department has assigned permit file number ERP 0316816-006 to the proposed project. This application is being processed and is available for public inspection during normal business hours,8:00 a.m.to 5:00 p.m.,Monday through Friday,except legal holidays,at the Department’s Central District Office, 3319 Maguire Blvd,Suite 232,Orlando, Florida 32803-3767,at phone number (407)897-4100. OS6260455 5/2/2019 notice to Patients Jeffrey R.Koren,MD will be closing his office at 885 Sedalia Street Suite 100 Ocoee,Fl.34761 effective May 30th, 2019.Medical records will be held at the office of: Oliver K.Bayouth,MD 94 W Underwood St. Orlando,FL.32806. To schedule an appointment with Dr.Bayouth,or to obtain medical records call:407-425-4422 or 407-294- 2994. OS6257035 04/27,05/04,05/11,05/18/2019 upon receiving this notifi time before the scheduled appearance is less than 7 days;if you are hearing or voice impaired,call 711. Furnish Copies To: Brock &Scott PLLC 2001 NW 64th St,Suite 130 Ft.Lauderdale,FL 33309 Attorney for Plaintiff SERVICE LIST The following persons were served by e-mail: The Bay Vista Estates Homeowner’s Association,Inc. c/o Richard E.Larsen,Esq. 300 South Orange Avenue,Suite 1575 Orlando,FL 32801 rlarsen@larsenandassociates.com The following persons were served by U.S.mail: Lloyd A.Story 8646 Vista Pine Court Orlando,FL 32836 Sarah K.Lovejoy 1370 Chebon Court Apopka,FL 32712 OS6256500 5/2,5/9/2019 For more information on how you can make a difference, Boys &Girls Clubs of Central Florida: BUILDING GRE AT F UTURES Each year,Boys &Girls Clubs of Central Florida provides a safe place to learn and grow for more than 1,000 at-risk children in our region. Ever y day after school,and all summer long,children come to our Clubs to receive the academic and emotional suppor t,extracurricular opportunities, and life skills they need to become productive and successful adults. ONLINE Go to OrlandoSentinel.com/ advertise to order and pay for your Orlando Sentinel Classified ad.Online.Any- time.It’sfast!It’seasy! toyota sienna –2008 $9,900 Bought new in Lakeland.One owner.Always garaged in Haines City,FL.Still like new in and out. Four new Michelin tires,new brakes, under 99,600 mi.Jim 207-577-2979 GSA PUbLiC AUCtion – LATE MODEL,CARS,TRUCKS, VA NS.NO BUYERS FEE. PREVIEW May 8th 10-4 and May 9th 10-12.SALE May 9th at 12.4636 W.Col.Dr.Orlando 32808.http:// autoauctions.gsa.gov.ORLANDO AUTO AUCTION 407-299-3904 Transportation WanteD:Mature laDy seeking stuDio apt in or near downtown Orlando.Will pay up $1000/month.Please call 321- 773-2416 321-258-4730 Real Estate forRent Real Estate forRent cattle Wanted to Buy Cattle of All Kinds. Will Haul Call:352-339-3018 cattle Looking to Lease Cattle Pasture, Call:352-339-3018 Horses:paint Beautiful Paint Mare,Gentle For Anyone,Done Ranch Work &Tr ail Riding.$2500.Call:352-339-3018 Pets the oaks community The Oaks Annual Community wide Garage Sale.Saturday and Sunday May 4th &5th.8am-4pm.Many homes participating. Corner of John Young Parkway and Pleasant Hill Road.“The Oaks Blvd” as a GPS location. kissimmee Indian Ridge Spring Yard Sale-off CR 545,2mi south of 192,8am-2pm Sat/ Sun,5/4 &5/5,Tax Refund?Want to save?Maybe something for Mom,or yourself come see us kissimme Preserve at Ta pestry Community Garage sale on Saturday,May 4th from 8 AM to 4 PM.Located at the intersection of Dyer Blvd & Tapestry Preserve Dr. Wyndham Lakes at meadoW Woods Community garage sale on Saturday May 4th from 8 AM to 4 PM.Located at the intersection of Rhode Island Woods Circle & Wyndham Lakes Blvd. Harbor Lakes at Meadow woods Community garage sale on Sat.May 4tj &Sun.May 5th from 8AM to 4PM.Located at the intersection of Rhode Island Woods Circle & Darnaby Way. MerchandiseMerchandise FOR SALE JAGUAR 42+IN STOCK! LUXURY FOR LESS! Save $1000’S! No Hidden Fees! No Negotiating! 833-220-5194 Shop Now @ OffLeaseOnly.com INFINITI 146+IN STOCK! Save Thousands! Don’t Pay More! Instant Financing! 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No Hidden Fees! 7948 Narcoossee Rd. 833-220-5194 Shop Now @ OffLeaseOnly.com TITLE Second Reading of Ordinance 2019-08 regarding the regulation of construction site management SUMMARY During the City Commission workshop process, which has been taking place this past month, the City Commission expressed a desire to adopt a more comprehensive and centrally codified set of reasonable construction site management requirements to mitigate against the negative effects construction sites may sometimes cause to surrounding properties and neighborhoods. Ordinance 2019-08 was preliminarily reviewed at the Commission workshop on April 15, 2019. At that meeting, the consensus of the City Commission was to proceed with the public hearing and adoption process of Ordinance 2019-08. Ordinance 2019-08 is intended to provide a reasonable set of construction site management rules that contractors and property owners can follow. By consolidating these rules in one City Code section, the intension is that all affected parties (contractors, property owner, neighborhoods) will have advance notice of what is expected during the construction process. Ordinance 2019-08 generally addresses several categories of construction related issues that could, if not reasonably monitored and controlled with reasonable rules, cause negative effects on the construction site and surrounding properties and neighborhoods. The categories are as follows: (a) Construction Management Plan. (b) Temporary toilet facilities for workers. (c) Contractor/Owner Responsibility. (d) Final site clean-up; Repair damage to Public Property. (e) Requirements during weather emergency. (f) Temporary construction fence. (g) Erosion and run-off control. The details for each category are set forth in Ordinance 2019-08 and not repeated in the Agenda Item. In addition, Ordinance 2019-08 also provides for enforcement and penalties. Specifically, the Ordinance provides: (a) The contractor and property owner shall be joint and severally responsible and liable for the requirements of this section and any violation thereof. PUBLIC HEARINGS AGENDA ITEM 401 CITY COMMISSION AGENDA | MAY 13, 2019 | REGULAR MEETING PUBLIC HEARINGS AGENDA ITEM 400 | MONDAY, MAY 13, 2019 | PAGE 2 OF 2 (b) Failure to abide by the provisions of this section shall constitute a violation of the City Code, and are subject to the enforcement procedures and penalties set forth in chapter 2, Division 2 of the City Code. Each day a violation continues shall be deemed a separate violation. (c) A violation may be enforced by the building official or designee through the issuance of a stop work order in accordance with the procedures in the Florida Building Code; or an order to repair, restore or demolish the work, to vacate the premises, or otherwise abate the violation. (d) Any violation of this section is subject to abatement as a public nuisance. (e) The provisions of this subsection are cumulative with and in additional to any other remedy provided by law. (f) The city may recover as costs of repairs or compliance, the costs associated with the city securing job sites and correcting any violation of this section. Failure of the contractor or owner to reimburse the city for said costs within thirty (30) days of written notice by the City, the city may collect said costs in accordance with law and the costs shall also constitute a lien on the property until paid in full. At the April 29, 2019 City Commission meeting, the Commission voted 5-0 recommending the City Commission approve Ordinance 2019-08. RECOMMENDATION Staff recommends the City Commission conduct a Public Hearing for consideration of passing Ordinance 2019-08 on Second Reading. City of Winter Springs Ordinance No. 2019-08 Page 1 of 7 ORDINANCE NO. 2019-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REGARDING BUILDINGS AND BUILDING ADMINISTRATIVE REGULATIONS ; PROVIDING FOR THE ADOPTION OF SECTION 6 -88 REGARDING CONSTRUCTION SITE MANAGEMENT AND RELATED CON FORMING 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 Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the enforcement of the Florida Building Code is the responsibility of local governments; and WHEREAS, the City of Winter Springs actively participates in the enforcement of building construction regulations for the benefit of the public health, safety and welfare; and WHEREAS, the City of Winter Springs desires to facilitate the enforcement of the Florida Building Code by enacting administrative and technical amendments which meet the needs of the citizens and businesses of Winter Springs and protect the public health, safety and welfare; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2. Code Amendment. Section 6-88 of the City Code is hereby created to read as follows: (underlined type indicates additions to the City Code and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 6. It is intended that the text in Chapter 6 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): City of Winter Springs Ordinance No. 2019-08 Page 2 of 7 Chapter 6 – BUILDING AND BUILDING REGULATIONS * * * Article III. – BUILDING CONSTRUCTION STANDARDS * * * Sec. 6-88. – Construction Site Management. Unless otherwise preempted by state or federal law, the following construction site management requirements shall apply to construction projects within the jurisdictional limits of the city: (a) Construction Management Plan. The building official may require a detailed management plan and completion schedule prior to the approval of a building permit or during the process of completing any active or inactive construction or demolition project. The management plan shall, at a minimum, provide specific information outlining the location of construction worker parking, construction equipment, material storage and temporary structures on the site under construction or on nearby properties, and methods of debris removal including compliance with the city's waste franchise agreement. Additionally, traffic routes to and from the site, pedestrian safety barriers and fencing shall be included on the management plan and shall be identified for approval. The management plan must also reflect where displaced public or private parking is temporarily located during the term of the project to the m aximum extent feasible. The plan is subject to review and approval by the building official. Failure to comply with the approved management plan shall constitute a violation of this section. The approved management plan must be kept at the construction site and be available at all times during the construction process and be made available to the building official or city inspectors. (b) Temporary toilet facilities for workers. Suitable temporary toilet facilities as determined by the building official in r eliance upon normal industry standards shall be provided and maintained in a sanitary condition for the use of workers during construction. Such facilities may only be located on the construction site after the building permit has been issued and construct ion has commenced. If construction becomes inactive on the site for more than a two week time period, the building official may require that the temporary toilet be removed from the site until such time reasonable assurances have been provided that active construction has resumed on the site. Such facilities shall be regularly cleaned and provided in a well-ventilated location and shall be placed at least 15 feet from the side property line of the lot on which it is located where practical, may not be pla ced in the public right- of-way and shall be screened from view when required and to the extent practicable. The location of temporary toilet facilities on the property may be changed by the building official to recognize unique conditions or a less offensi ve location for pedestrians and neighbors. (c) Contractor/Owner Responsibility. The contractor and owner of any active or inactive construction project shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles during the entire duration of the construction project and prior to receiving final inspection approval. Construction job sites must be kept clean, free of overgrown weeds and grass over 12 inches in height, and the accumulation of construction debris must not remain on the property for a period of time exceeding 10 days . The accumulation of trash and litter and other miscellaneous discarded articles not constituting construction debris (e.g., cans, bottles, food products and container s, papers, towels, clothing, plastics, etc.) must also be cleaned daily and placed in a separate on -site receptacle. Trash and litter City of Winter Springs Ordinance No. 2019-08 Page 3 of 7 shall not be discarded in construction debris containers and roll -offs. The on-site litter/trash receptacle service must be paid for by the contractor and emptied at least once a week by the city’s solid waste franchise hauler or more often in a timely fashion so there is no overflow of trash and litter. Off-site trash and litter generated by the contractor and workers must be picked-up and cleaned daily and placed in the on-site trash/litter receptacle. Public trash receptacles are not intended to handle trash and litter generated from construction sites so t he contractor and workers shall not use such receptacles for their trash. The contractor is responsible for their workers overburdening public off-site trash receptacles located near the construction site. Dust created during construction or demolition must be contained on the site or close proximity to building or str ucture through wetting down the dust or materials or through the use of any alternate means that prevents dust from leaving the property. Violation of any of these conditions shall authorize the building official to place a stop work order on such jobs in violation of this section and require removal of debris and overgrowth, and correction of dust accumulation on site and adjacent properties or streets. (d) Final site clean-up; Repair damage to Public Property. The contractor and owner, upon completion of a building or construction project, shall immediately remove all walkways, debris and all other obstructions and leave such public property in as good a condition as it was before work was commenced and shall replace all broken curbs, sidewalks or other damaged public utilities or property to the satisfaction of the building official prior to obtaining a certificate of occupancy/completion or within 14 calendar days from notification if no certificate of occupancy/completion is issued. Failure to correct damaged public property will result in the city taking action to make corrections and all costs incurred will be charged to the contractor and owner, and a lien will be placed against the property for the costs of repairs. (e) Requirements during weather emergency. It is the responsibility of the owner and contractor to have removed construction materials from the project site or secured construction materials at the project site at least 48 hours prior to the predicted landfall of a tropical storm or hurri cane until the time set forth in subsection (8) below. (1) Applicability. At least 48 hours prior to the predicted landfall of a tropical storm or hurricane for any portion of Seminole County Florida, as determined by the National Weather Service, National Hurricane Center or appropriate weather agency or as provided in the city's emergency plan; or upon order of the building official in anticipation of a storm emergency; all construction materials, including roof tiles, on all project sites within the cit y shall be secured and stored onsite in a safe manner or removed so that no material can become a safety hazard with hurricane or tropical storm force winds. (2) Notice. Media broadcasts or notices issued by the National Weather Service or National Hurricane Center of an approaching tropical storm or a hurricane is hereby deemed notice to the owner or contractor. The owner and contractor are responsible for the project site by securing on -site or removing from the site any construction materials or debris or trash and litter to protect against the effect of hurricane or tropical storm force winds. By holding a building permit during hurricane season, the contractor shall monitor the National Weather Service and the National Hurricane Center for weather emergencies. (3) Inspection. A pre-storm inspection shall be required for all active construction sites involving exterior work and/or exterior storage of materials. The owner and contractor shall be responsible for insuring that the construction site has pas sed inspection prior to the issuance of a City of Winter Springs Ordinance No. 2019-08 Page 4 of 7 tropical storm warning or hurricane warning. The owner or contractor shall be available by phone until the site has passed the pre-storm inspection. (4) Materials stockpiled on site. Materials stockpiled on any construction site shall be handled as follows: a. Band construction materials together and fasten them to the structure in such a manner to prevent the material from becoming airborne during a tropical storm or hurricane; or b. Remove construction materials from the top of the structure and secure them to the ground; or c. Remove construction materials from the project site; or d. Store construction materials inside a structure if said structure is secure from tropical or hurricane force wind loads. (5) Dumpsters. The contents of construction site dumpsters must be removed or weighted and secured with rope, mesh or other durable, wind resistant material. (6) Temporary toilets. Temporary portable toilets shall be secured to the structure, dumpster or emptied and laid horizontal and secured to the ground. (7) Roofing Materials – Hurricane Season. During the National Weather Service designated hurricane season, building or roofing materials shall not be loaded on a roof earlier than ten working days prior to the permanent installation of the materials. (8) Material capable of becoming airborne. Construction materials, debris or any material capable of becoming airborne shall remain secured and stored on the project site or shall be removed from the project site until the National Weather Service, National Hurricane Center, or the city through local action has removed all portions of the city from those areas included in a tropical storm warning or hurricane warning. Contractors shall not resume construction on any construction site until the site is brought into compliance with the construction site management plan. (f) Temporary construction fence. A temporary construction fence screening the construction site shall be erected and maintained in good order at all times. The temporary construction fence shall be erected and completely in place as a requirement for the issuance of a building permit and prior to the beginning of construction activities. The temporary construction fence shall be removed when construction has been completed. The temporary construction fence shall be six feet chain link fence with a screening material attached to visually screen and minimize impact to neighboring properties which may be affected by construction site dust and debri s. The chain link and screening material must be constructed and maintained at ground level to mitigate against ground level windblown dust and materials being blown off-site. If the construction site is located on an arterial or collector road, and is not located within an existing residential area, the screening material facing the arterial or collector road may temporarily depict on-site information about the project, provided the information is limited on no more than 25% of the screening material faci ng the arterial or collector road. A fence permit is required to be issued for the temporary construction fence, and the fence installed, inspected, and the fence permit must be closed -out by the building official prior to the issuance of a building permit. City of Winter Springs Ordinance No. 2019-08 Page 5 of 7 (1) A temporary construction fence will be required for all new construction , demolitions and substantial renovations unless the building official determines all or portion of the fencing is not required to protect or screen neighboring properties. (2) Work being done within the unit is exempt from this requirement. (3) Individual lots being constructed in a new residential or commercial subdivision are exempt from being individually screened under the requirements of this section. However, the outer perimeter of the new subdivision is subject to the requirements unless otherwise determined by the building official pursuant to subsection (1) above. (4) Work on pools, pool installations or substantial renovations will require a temporary construction fence at all times to avoid health and safety hazards. Also pools undergoing renovations and new pools being installed must be emptied of accumulated water at all times. (g) Erosion and run-off control. In compliance with the city’s National Pollution Disc harge Elimination System (NPDES) permit requirements, prior to beginning any clearing, grubbing, or construction activities, as part of the building permit process, the contractor shall submit a plan (Erosion and Sediment Control Plan) detailing the location and handling of materials, soils and outlining the actions to be taken to prohibit run -off of dirt, sand, fluids, vegetation or any other item into the city’s stormwater system or onto adjacent property, roadways and waterways. Piles of soil, erected barriers, temporary detention areas, or any other methods approved by the city, shall provide for a containment area to reduce run -off. (h) Violations; Enforcement. (1) The contractor and property owner shall be joint and severally responsible and liable for the requirements of this section and any violation thereof. (2) Failure to abide by the provisions of this section shall constitute a violation of the City Code, and are subject to the enforcement procedures and penalties set forth in chapter 2, Division 2 of the City Code. Each day a violation continues shall be deemed a separate violation. (3) A violation may be enforced by the building official or designee through the issuance of a stop work order in accordance with the procedures in the Florida B uilding Code; or an order to repair, restore or demolish the work, to vacate the premises, or otherwise abate the violation. (4) Any violation of this section is subject to abatement as a public nuisance. (5) The provisions of this subsection are cumulativ e with and in additional to any other remedy provided by law. (6) The city may recover as costs of repairs or compliance, the costs associated with the city securing job sites and correcting any violation of this section. Failure of the contractor or ow ner to reimburse the city for said costs within thirty (30) days of written notice by the City, the city may collect said costs in accordance with law and the costs shall also constitute a lien on the property until paid in full. City of Winter Springs Ordinance No. 2019-08 Page 6 of 7 * * * Section 3. Conforming Amendments to Section 6-31 of the City Code. Sec. 6-31. - Administrative amendments to Chapter 1 of the Florida Building Code, Subsection 110.3 of the City Code is hereby amended to read as follows: (underlined type indicates additions to the City Code and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Section 6-31 and Subsection 110.3. It is intended that the text in Section 6-31 and Subsection 110.3 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 6-31. - Administrative amendments to Chapter 1 of the Florida Building Code * * * 110.3 Required inspections. The building official, upon notification from the permit holder or his or her agent shall make the following inspections, and such other inspections as deemed necessary and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. * * * Site Debris 1. The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles prior to receiving final inspection approval. Construction job sites must be kept clean. 2. All debris shall be kept in such a manner as to prevent it from being spread by any means. * * * Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts or ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. 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 affecti ng the construction or meaning of this ordinance and the City Code may be freely made. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or provision of this ordinance is for any reason held invalid or unconstitutional b y 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. City of Winter Springs Ordinance No. 2019-08 Page 7 of 7 Section 7. Effective Date. This Ordinance shall become effective upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the ____ day of _________________, 2019. Charles Lacey, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: Legal Ad: First Reading: Anthony A. Garganese, City Attorney Second Reading: D4 |Orlando Sentinel Thursday,May 2,2019 Notice of Public MeetiNg Dates of the coNstructioN coMMittee of the boggy creek,greeNeway,aND Myrtle creek iMProveMeNt Districts The Construction Committee of the Boggy Creek,Greeneway,and Myrtle Creek Improvement Districts will be meeting on May 9,2019 and May 23, 2019,at 3:30 p.m.in the office of Donald W.McIntosh Associates,Inc.,2200 Park Avenue North,Winter Park,FL 32789. The Construction Committee will discuss and review the status of current and future Infrastructure Improvements,Requests for Qualifications,Requests for Proposals, etc.,related to the Districts.The meeting will be open to the public and will be conducted in accordance with provisions of Florida Law for Community Development Districts. The meetings may be continued to a date,time,and place to be specified on the record at the meeting. CITY OF WINTER SPRINGS NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION PROPOSES TO CONSIDER:ORDINANCE NO.2019-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS,FLORIDA, REGARDING BUILDINGS AND BUILDING ADMINISTRATIVE REGULATIONS;PROVIDING FOR THE ADOPTION OF SECTION 6-88 REGARDING CONSTRUCTION SITE MANAGEMENT AND RELATED CONFORMING AMENDMENTS TO THE CITY CODE;PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS;INCORPORATION INTO THE CODE;SEVERABILITY AND AN EFFECTIVE DATE. PUBLIC HEARING FOR SECOND READING WILL BE HELD ON MONDAY,MAY 13,2019 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL,1126 EAST STAT E ROAD 434, WINTER SPRINGS,FLORIDA.THE CITY COMMISSION RESERVES THE RIGHT TO POSTPONE OR CONTINUE THE PUBLIC HEARING ON THIS ORDINANCE AT THIS MEETING WITHOUT FURTHER NOTICE. The proposed ordinance may be inspected by interested parties between 8 a.m.and 5 p.m.,Monday through Friday,at the City’s Clerk’s Office,located at 1126 East State Road 434,Winter Springs,Florida.For more information call (407)327-1800, Extension 227.Interested parties may appear at the meeting and be heard with respect to the proposed ordinance. 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,Extension 236.These are public hearings.If you decide to appeal any recommendation/ 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. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinance. OSC6258218 5/2/2019 CITY OF WINTER SPRINGS NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION PROPOSES TO CONSIDER:ORDINANCE NO.2019-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS,FLORIDA; AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, CHAPTER 13,ARTICLE II REGARDING PROHIBITED NOISE DISTURBANCES TO INCLUDE THE USE OF POWER EQUIPMENT AND POWER GROUND MAINTENANCE EQUIPMENT OUTDOORS IN RESIDENTIAL AREAS DURING CERTAIN LATE EVENING AND EARLY MORNING HOURS; MODIFYING THE EMERGENCY EXCEPTION UNDER CHAPTER 13, ARTICLE II;PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE;SEVERABILITY AND AN EFFECTIVE DATE. PUBLIC HEARING FOR SECOND READING WILL BE HELD ON MONDAY,MAY 13,2019 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL,1126 EAST STAT E ROAD 434, WINTER SPRINGS,FLORIDA.THE CITY COMMISSION RESERVES THE RIGHT TO POSTPONE OR CONTINUE THE PUBLIC HEARING ON THIS ORDINANCE AT THIS MEETING WITHOUT FURTHER NOTICE. The proposed ordinance may be inspected by interested parties between 8 a.m.and 5 p.m.,Monday through Friday,at the City’s Clerk’s Office,located at 1126 East State Road 434,Winter Springs,Florida.For more information call (407)327-1800, Extension 227.Interested parties may appear at the meeting and be heard with respect to the proposed ordinance. 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,Extension 236.These are public hearings.If you decide to appeal any recommendation/ 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. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinance. OSC6258220 5/2/2019 Notice of Public heariNg Yo u are hereby informed that the City Council of the City of Maitland, Florida,will hold a Public Hearing on the following proposed ordinance: AN ORDINANCE OF THE CITY OF MAITLAND,FLORIDA RELATING TO PARKING OF VEHICLES ON PUBLIC STREETS AND DRIVEWAY S IN RESIDENTIALLY ZONED DISTRICTS;AMENDING THE CODE OF ORDINANCES,SECTION 18-23, “OTHER COMMERCIAL VEHICLES –RESTRICTIONS”,SECTION 21- 5,‘ZONING -SUPPLEMENTAL DISTRICT REGULATIONS,AND SECTION 21-23 “DEFINITIONS”; AMENDING THE TYPES OF VEHICLES PROHIBITED ON PUBLIC STREETS AND DRIVEWAY S IN RESIDENTIAL ZONED DISTRICTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. The Public Hearing will be held at 6:30 P.M .,or as soon thereafter as possible, on Monday,May 13,2019 in the Maitland City Hall Council Chambers, 1776 Independence Lane,Maitland, Florida,32751. A copy of the proposed ordinance is available in the office of the City Clerk for inspection.Interested parties may appear at the hearing and be heard with respect to the proposed ordinance. Any person who decides to appeal any decision made at this meeting or hearing,will need a record of the proceedings,and that,for such purpose,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk’s office (407-539-6219)48 hours in advance of the meeting. CITY OF MAITLAND Maria T.Waldrop,MMC City Clerk OS6248795 5/2/19 ***Adult CAregiver -(ChristiAn)*** 20 yrs exp 12 hrs/live in 407-701-2201 in the CirCuit COurt OF the ninth JudiCiAl CirCuit in And FOr OrAnge COuntY,FlOridA GENERAL JURISDICTION DIVISION Case No.2009-CA-016442-O Deutsche Bank National Trust Company,as Trustee for NovaStar Mortgage Funding Trust,Series 2007-1, Plaintiff, vs. Lloyd A.Story,et al.,Defendants. NOTICE IS HEREBY GIVEN pursuant to an Order granting Motion to Cancel and Reset Foreclosure Sale dated March 12,2019,entered in Case No.2009-CA-016442-O of the Circuit Court of the Ninth Judicial Circuit, in and for Orange County,Florida, wherein Deutsche Bank National Trust Company,as Trustee for NovaStar Mortgage Funding Trust,Series 2007- 1 is the Plaintiff and Lloyd A.Story; Sarah K.Lovejoy;The Bay Vista Estates Homeowner’s Association, Inc.;Unknown Te nant(s)In Possession #1 and #2,and All Other Unknown Parties,including,if a named Defendant is deceased,the personal representatives,the surviving spouse, heirs,devisees,grantees,creditors,and all other parties claiming,by,through, under or against that Defendant,and all claimants,persons or parties, natural or corporate,or whose exact legal status is unknown,claiming under any of the above named or described Defendants are the Defendants,that Tiffany Russell,Orange County Clerk of Court will sell to the highest and best bidder for cash by electronic sale at www.myorangeclerk.realforeclose. com,beginning at 11:00 on the 14th day of May,2019,the following described property as set forth in said Final Judgment,to wit: LOT 41,BAY VISTA ESTATES UNIT 1,ACCORDING TO THE PLAT THEREROF,RECORDED IN PLAT BOOK 12,PA GES 70 AND 71,PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. Any person claiming an interest in the surplus from the sale,if any,other than the property owner as of the date of the lis pendens must file a claim within 60 days after the sale. Dated this ___day of ___,2019. BROCK &SCOTT,PLLC Attorney for Plaintiff 2001 NW 64th St,Suite 130 Ft.Lauderdale,FL 33309 Phone:(954)618-6955,ext.6108 Fax:(954)618-6954 FLCourtDocs@brockandscott.com By Giuseppe Cataudella,Esq.Florida Bar No.88976 PUBLISH IN:THE BUSINESS OBSERVER If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the ADA Coordinator,Human Resources,Orange County Courthouse, 425 N.Orange Avenue,Suite 510, Orlando,Florida,(407)836-2303,at least 7 days before your scheduled court appearance,or immediately upon receiving this notification if the Notice of Public auctioN by oraNge couNty sheriff’s office NOTICE IS HEREBY GIVEN,that I, JOHN W.MINA,as Sheriff of Orange County,Florida,will sell fleet vehicles and forfeitures,at a public auction for cash on demand.This auction will be held on the 11th day of May,2019, beginning at 9 o’clock in the forenoon or soon thereafter on said day on the premises of Tampa Machinery Auction,Inc.(License#AB135/AU871) located,in Thonotosassa,Hillsborough County,Florida.A complete list may be seen the day of the viewing at U.S. Highway 301 five miles north of 1-4,in Thonotosassa,Hillsborough County, Florida.Prospective bidders may pre- register on-line at www.tmauction.com and view the items the day before the sale between the hours of 8:00 am to 5:00 p.m.and the morning of the sale between 7:30 a.m.and 9:00 am.You must be sixteen or older with proper I.D.to attend and 18 or older to bid.All items will be SOLD AS IS AND WITH NO WARRANTIES.SOLD SUBJECT TO ALL TA XES.ALL SALES ARE FINAL. In accordance with the Americans with Disabilities Act,persons needing a special accommodation to participate in this proceeding should contact Eric Nieves,Civil Process Sales Coordinator not later than seven days prior to the proceeding at Orange County Sheriffs Office,425 North Orange Avenue,Suite 240.Te lephone:407-836-4570;If hearing impaired,(TDD)1-800-955-8771,or Vo ice (V)1-800-955-8770,via Florida Relay Service JOHN W.MINA,as Sheriff Orange County,Florida By:Lieutenant Kyle Morse as Deputy Sheriff OS6256931 05/02,05/09/2019 notice oF sale You and each of you are hereby notified that on May 15th.2019 at 10:00 am,the vehicle (s)described below will be sold.Location 6512 Old Cheney Hwy. Orlando,Fl.32807,Orange County 02 HYUN KMHDN45D42U442857 OS6249122 5/3/19 notice oF sale You and each of you are hereby notified that on May 14th.2019 at 10:00 am,the vehicle (s)described below will be sold.Location 6512 Old Cheney Hwy. Orlando,Fl.32807,Orange County 12 SDC Vessel GDYJ6782F212 OS6249111 5/2/19 Notice of Public heariNg You are hereby informed that the City Council of the City of Maitland, Florida,will hold a Public Hearing on the following proposed ordinance: AN ORDINANCE OF THE CITY OF MAITLAND,FLORIDA, RELATING TO THE REGULATION, PLACEMENT AND USE OF TEMPORARY UNMANNED RECYCLING AND COLLECTION CONTAINERS;AMENDING CHAPTER 21-5 “SUPPLEMENTAL REGULATIONS”OF THE CODE OF ORDINANCES;PROVIDING FOR CODIFICATION;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. The Public Hearing will be held at 6:30 P.M .,or as soon thereafter as possible, on Monday,May 13,2019 in the Maitland City Hall Council Chambers, 1776 Independence Lane,Maitland, Florida,32751. A copy of the proposed ordinance is available in the office of the City Clerk for inspection.Interested parties may appear at the hearing and be heard with respect to the proposed ordinance. Any person who decides to appeal any decision made at this meeting or hearing,will need a record of the proceedings,and that,for such purpose,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk’s office (407-539-6219)48 hours in advance of the meeting. CITY OF MAITLAND Maria T.Waldrop,MMC City Clerk OS6248767 5/2/19 There may be occasions when one or more members of the Committee and/ or District Staff will participate by telephone.Pursuant to the provisions of the Americans with Disabilities Act,any person requiring special accommodations at these meetings because of a disability or physical impairment should contact the District Office at 407-723-5900 at least 48 hours prior to the meeting.If you are hearing or speech impaired,please contact the Florida Relay Service at 1-800-955-8770 to aid you in contacting the District Office. Any person who decides to appeal any decision made by the Committee with respect to any matter considered at the meeting is advised that the person will need a record of the proceedings and that,accordingly,the person may need to ensure that a verbatim record of the proceedings is made,including the testimony and evidence upon which such appeal is to be based. Lynne Mullins Assistant District Manager OS6240348 5/2/19 COnWAY YArd sAle! Second Blessings Thrift Shoppe,4545 Anderson Road,32812,Fri.&Sat, MAY 3&4,8:30-2PM Across FROM Conway Middle School-housewares- paintings-clothes-shoes-books-more! apopka,Wekiva village Community Garage Sale Wekiva Village Ln,Apopka,Sat.May 4. Gates open 9am-4pm.Household goods,small furniture,electronics, vinyl records and CDs,books and clothing. apopka Fri-Sun.May 3rd,4th &5th.9am-4pm 702 Trailwood Dr.Women’s Clothes, Shoes,Purses,Jewelry,Cake & Candy Pans &Molds.Tools,Exercise Bike &Much More. WanteD Freon r12 We pay CA$H.R12 R500 R11. Convenient.Certified professionals. www.refrigerantfinders.com 312-291- 9169 Vintage Costume Jewelry &watChes Sterling &gold items,old coins Pottery,glassware,pocket watches Old toys,Disney,furniture,knives, Military,hunting &fishing items Comic books,baseball cards,tools. Please call 407-257-5421.Thank you toP Dollar PaiD for Diabetic test striPs Unexpired And Unopened Local Pick- Up Call Paul 407-754-8477 moVInG saLe! Oriental Cherry Wood bedroom set (inc.dresser)$700 (407)230-0112 AdjustAble bed w.Headboard &Sleep Number Mattress.$1200.Call:407-351-5875 MerchandiseMerchandise FOR SALE MEETING NOTICE MetroPlan Orlando,The Metropolitan Planning Organization for the Orlando Urban Area,announces the following public meeting of the Transportation Disadvantaged Local Coordinating Board (TDLCB),to which all persons are invited: Date:Thursday,May 9,2019 Ti me:10:00 a.m. Place:MetroPlan Orlando 250 S.Orange Avenue,Suite 200 Orlando,FL 32801 Purpose:Regularly Scheduled TDLCB Meeting A copy of the detailed agendas for these meetings may be obtained by contacting Ms.Lisa Smith,Board Services Coordinator,MetroPlan Orlando,250 S.Orange Avenue,Suite 200,Orlando,FL 32801,407-481-5672,ext. 307,E-mail:lsmith@metroplanorlando. org or visiting info@metroplanorlando. org. Public participation is conducted without regard to race,color,national origin,sex,age,disability,religion, or family status.Persons wishing to express concerns,who require special assistance under the Americans with Disabilities Act,or who require language services (free of charge) should contact MetroPlan Orlando by phone at (407)481-5672 or by email at info@metroplanorlando.org at least three business days prior to the event. Anuncio de Reunión MetroPlan Orlando –la organización de planificación metropolitana (MPO) de los condados Orange,Osceola y Seminole –anuncia la siguiente reunión pública de la Junta de Coordinación Local para Personas con Desventaja de Transporte (TDLCB),la cual todos están invitados: Dia:jueves,mayo 9,2019 Hora:10:00 a.m. Lugar:MetroPlan Orlando 250 S.Orange Avenue,Suite 200 Orlando,FL 32801 Propósito:Reunión Regularmente Programada Para obtener copias de la agenda de esta reunión por favor contacten a la Sra.Lisa Smith,asistente administrativa,MetroPlan Orlando,250 S.Orange Avenue,Suite 200,Orlando, FL 32801,407-481-5672 extensión 307, email:lsmith@metroplanorlando.org o info@metroplanorlando.org. La participación pública se lleva a cabo sin distinción de raza,color,origen nacional,sexo,edad,discapacidad, religión o estado familiar.Las personas que deseen expresar inquietudes,que requieran asistencia especial bajo la Ley de Americanos con Discapacidad (ADA)o que requieran servicios de traducción (sin cargo)deben ponerse en contacto con MetroPlan Orlando por teléfono (407)481-5672 (marcar 0)o por correo electrónico info@ metroplanorlando.org por lo menos tres días antes del evento. OSC6254619 05/02/2019 stAte OF FlOridA dePArtMent OF envirOnMentAl PrOteCtiOn nOtiCe OF APPliCAtiOn The Department of Environmental Protection announces receipt of an application for permit ERP 0316816- 006 from The City of Deltona to modify the permit to construct and operate a RIB Expansion.The proposed project will be located in Vo lusia County, at Latitude (OMS)28°52’53.24”N Longitude (OMS)81°15’1.82”W at 601 Mobley Drive,Deltona,FL 32725. The Department has assigned permit file number ERP 0316816-006 to the proposed project. This application is being processed and is available for public inspection during normal business hours,8:00 a.m.to 5:00 p.m.,Monday through Friday,except legal holidays,at the Department’s Central District Office, 3319 Maguire Blvd,Suite 232,Orlando, Florida 32803-3767,at phone number (407)897-4100. OS6260455 5/2/2019 notice to Patients Jeffrey R.Koren,MD will be closing his office at 885 Sedalia Street Suite 100 Ocoee,Fl.34761 effective May 30th, 2019.Medical records will be held at the office of: Oliver K.Bayouth,MD 94 W Underwood St. Orlando,FL.32806. To schedule an appointment with Dr.Bayouth,or to obtain medical records call:407-425-4422 or 407-294- 2994. OS6257035 04/27,05/04,05/11,05/18/2019 upon receiving this notifi time before the scheduled appearance is less than 7 days;if you are hearing or voice impaired,call 711. Furnish Copies To: Brock &Scott PLLC 2001 NW 64th St,Suite 130 Ft.Lauderdale,FL 33309 Attorney for Plaintiff SERVICE LIST The following persons were served by e-mail: The Bay Vista Estates Homeowner’s Association,Inc. c/o Richard E.Larsen,Esq. 300 South Orange Avenue,Suite 1575 Orlando,FL 32801 rlarsen@larsenandassociates.com The following persons were served by U.S.mail: Lloyd A.Story 8646 Vista Pine Court Orlando,FL 32836 Sarah K.Lovejoy 1370 Chebon Court Apopka,FL 32712 OS6256500 5/2,5/9/2019 For more information on how you can make a difference, Boys &Girls Clubs of Central Florida: BUILDING GRE AT F UTURES Each year,Boys &Girls Clubs of Central Florida provides a safe place to learn and grow for more than 1,000 at-risk children in our region. Ever y day after school,and all summer long,children come to our Clubs to receive the academic and emotional suppor t,extracurricular opportunities, and life skills they need to become productive and successful adults. ONLINE Go to OrlandoSentinel.com/ advertise to order and pay for your Orlando Sentinel Classified ad.Online.Any- time.It’sfast!It’seasy! toyota sienna –2008 $9,900 Bought new in Lakeland.One owner.Always garaged in Haines City,FL.Still like new in and out. Four new Michelin tires,new brakes, under 99,600 mi.Jim 207-577-2979 GSA PUbLiC AUCtion – LATE MODEL,CARS,TRUCKS, VA NS.NO BUYERS FEE. PREVIEW May 8th 10-4 and May 9th 10-12.SALE May 9th at 12.4636 W.Col.Dr.Orlando 32808.http:// autoauctions.gsa.gov.ORLANDO AUTO AUCTION 407-299-3904 Transportation WanteD:Mature laDy seeking stuDio apt in or near downtown Orlando.Will pay up $1000/month.Please call 321- 773-2416 321-258-4730 Real Estate forRent Real Estate forRent cattle Wanted to Buy Cattle of All Kinds. Will Haul Call:352-339-3018 cattle Looking to Lease Cattle Pasture, Call:352-339-3018 Horses:paint Beautiful Paint Mare,Gentle For Anyone,Done Ranch Work &Tr ail Riding.$2500.Call:352-339-3018 Pets the oaks community The Oaks Annual Community wide Garage Sale.Saturday and Sunday May 4th &5th.8am-4pm.Many homes participating. Corner of John Young Parkway and Pleasant Hill Road.“The Oaks Blvd” as a GPS location. kissimmee Indian Ridge Spring Yard Sale-off CR 545,2mi south of 192,8am-2pm Sat/ Sun,5/4 &5/5,Tax Refund?Want to save?Maybe something for Mom,or yourself come see us kissimme Preserve at Ta pestry Community Garage sale on Saturday,May 4th from 8 AM to 4 PM.Located at the intersection of Dyer Blvd & Tapestry Preserve Dr. Wyndham Lakes at meadoW Woods Community garage sale on Saturday May 4th from 8 AM to 4 PM.Located at the intersection of Rhode Island Woods Circle & Wyndham Lakes Blvd. Harbor Lakes at Meadow woods Community garage sale on Sat.May 4tj &Sun.May 5th from 8AM to 4PM.Located at the intersection of Rhode Island Woods Circle & Darnaby Way. MerchandiseMerchandise FOR SALE JAGUAR 42+IN STOCK! LUXURY FOR LESS! Save $1000’S! No Hidden Fees! No Negotiating! 833-220-5194 Shop Now @ OffLeaseOnly.com INFINITI 146+IN STOCK! Save Thousands! Don’t Pay More! Instant Financing! 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No Hidden Fees! 7948 Narcoossee Rd. 833-220-5194 Shop Now @ OffLeaseOnly.com TITLE First Reading of Ordinance 2019-09 regarding the Application, Notice, and Review Criteria Procedures for Special Zoning Permits SUMMARY During the City Commission workshop process, which has been taking place, the City Commission directed the City Attorney to prepare an Ordinance to update and streamline the application, notice, review criteria, and procedures regarding special zoning permits and other land use permitting decisions. Additionally, the City Commission directed that the Ordinance eliminate the separate land use permit decision making process in the Town Center Code and to consolidate the Town Center Code process with the regular development permit process under the City Code for purposes of streamlining development permit procedure and eliminating any unintended confusion with the two separate processes. The Ordinance will also provide greater public awareness opportunities for the public regarding many proposed development projects. On May 6, 2019, the City Commission considered an initial draft of Ordinance No. 2019-09 and provided comments. The comments were considered by the City Attorney and additional changes to the Ordinance have been made since the May 6th meeting. The changes are highlighted in yellow for the City Commission’s convenience. The City Commission has previously recognized that since the Town Center District Code’s adoption in 2000, the Town Center has operated, in many respects, under its own set of rules and procedures especially regarding special exception applications which may be ﬁled requesting waivers from the various standard provisions of the Town Center Code. The City Commission has recently expressed interest in streamlining the special exception process by consolidating it with the general zoning regulations applicable to other zoning districts and special zoning permits. The attached Ordinance was prepared at the City Commission’s direction. The Ordinance is procedural in nature only regarding the requirements to process development permit applications and does not speciﬁcally address land uses in the various zoning districts. Land uses will be reviewed by the City Commission PUBLIC HEARINGS AGENDA ITEM 402 CITY COMMISSION AGENDA | MAY 13, 2019 | REGULAR MEETING PUBLIC HEARINGS AGENDA ITEM 400 | MONDAY, MAY 13, 2019 | PAGE 2 OF 4 separately as part of the workshop process and addressed in a separate ordinance if the City Commission desires to modify the land use provisions in the City Code. The proposed Ordinance will require several publicly noticed and advertised public hearings including one hearing before the City’s Land Planning Agency and two hearings before the City Commission. This is a legislative process. In other words, the City Commission is exercising its legislative authority to consider whether to amend the zoning laws applicable within the jurisdiction of the city of Winter Springs. Unlike a quasi-judicial zoning hearing where the City Commission is applying existing policy, the City Commission is attempting to formulate (create) new policy related to the processing of development permit applications as set forth in the proposed Ordinance. Any new zoning policies must be adopted by ordinance and will be applied in quasi- judicial hearings conducted on the development permits referenced in the Ordinance in the future. Generally, the Ordinance, if approved, will make very important changes to requirements in the City’s land development code which are fundamental to the City’s authority to process land development permit applications: 1. Repeals the separate development permit procedure in the Town Center Code, and streamlines it by consolidating the Town Center permit process with the regular development permit process contained in Chapter 20 of the City Code. Conforming text amendments to the Town Center Code, such as striking (as no longer necessary) the reference to the special development review committee, are required to be made to effectuate this streamlining/consolidation including as stated in Exhibit “A” to the Ordinance. 2. The Ordinance addresses a uniform procedure for applying for site plans, variances, conditional uses, rezoning, waivers, limited administrative waivers, and administrative appeals as set forth in the City Code. These uniform procedures will apply to ALL City zoning districts, and not just the speciﬁc zoning districts referenced in the pending moratorium ordinance. 3. In addition to the consolidation of the Town Center Code referenced above, the Ordinance proposes a variety of updates and improvements including: a. Providing for a discretionary advisory hearing ofﬁcer to conduct land use permit hearings if necessary; PUBLIC HEARINGS AGENDA ITEM 400 | MONDAY, MAY 13, 2019 | PAGE 3 OF 4 b. Require posting of land use permit applications on the City’s website for public viewing within 5 days of ﬁling with the City; c. Providing an optional conceptual plan review process (currently limited to Town Center Code); d. Providing a pre-application meeting with the community development department; e. Enhancing the development permit application requirements and process to require applicants to not only provide a complete application, but to provide all relevant and necessary information related to the proposed development project for purposes of allowing the City to make a compliance determination with the City’s Comprehensive Plan and Code; f. Requiring certain deﬁned new development projects, conditional uses and redevelopment projects to be memorialized in a binding development agreement; g. Requiring the developer to conduct a publicly noticed community workshop, consistent with the minimum enumerated code requirements, for all new commercial development, new residential subdivisions of ten (10) or more lots, conditional uses, existing commercial buildings being altered by 50 percent or greater of the original ﬂoor area or seating capacity and requiring a modiﬁed site plan, or development agreements processed under section 20-28.1 of the City Code; h. Requiring minimum requirements for City staff recommendations to the land planning agency and city commission related to their review of all applications for site plans, rezonings, variances, conditional uses, waivers, and administrative appeals; i. Enhancing the review criteria applicable to applications for rezonings, variances, site and ﬁnal engineering plans and subdivisions, conditional uses, waivers, and administrative appeals; j. Clarifying provisions applicable to administrative appeals related to administrative determinations and interpretations under Chapter 20 of the City Code; k. Expressly incorporating unique features (e.g. transects and other architectural dimensional requirements) of the Town Center Code into the existing limited administrative waiver procedure in the City Code, and also clarifying that city commission can likewise use the limited administrative criteria to grant applicable waivers when considering and making ﬁnal decisions on any other land use application requiring city commission approval such as ﬁnal engineering plans; and l. Repealing old language in the City Code regarding the site plan review board which was previously superseded and repealed by the Chapter 9 of the City Code related to approval of ﬁnal development plans and engineering. The details of the aforementioned changes are set forth in the attached Ordinance and will be discussed in more detail at the City Commission meeting. PUBLIC HEARINGS AGENDA ITEM 400 | MONDAY, MAY 13, 2019 | PAGE 4 OF 4 4. The City Attorney and City Manager are requesting that the City Commission consider passing the Ordinance on First Reading and referring the Ordinance to the City’s Land Planning Agency/ Planning & Zoning Board for their review and recommendation pursuant to the Community Planning Act. RECOMMENDATION Staff recommends the City Commission conduct a Public Hearing for consideration of passing Ordinance 2019-09 on First Reading. Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 1 of 31 ORDINANCE NO. 2019-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING APPLICATION, NOTICE, REVIEW CRITERIA, AND PROCEDURES REGARDING SPECIAL ZONING PERMITS AND OTHER LAND USE PERMITTING DECISIONS; MAKING CONFORMING 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 Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission has conducted numerous public workshops to evaluate and discuss updating and amending the City’s land development code related to certain land use decision making procedures including special zoning permits; and WHEREAS, the City Commission desires to update and amend the City Code related to the aforesaid; and WHEREAS, the City’s Land Planning Agency/Planning & Zoning Board has reviewed and made a recommendation regarding this Ordinance at a duly advertised public meeting held on __________________; and WHEREAS, the City Commission held a duly noticed public hearing on the proposed changes to the land development code set forth hereunder and considered findings and advice of the Land Planning Agency, staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby finds the changes set forth hereunder serve a legitimate government purposes and are consistent with the City of Winter Springs Comprehensive Plan; and WHEREAS, the City Commission also hereby deems this Ordinance in the best interests of the public health, safety and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2. Code Amendment. Chapter 20 of the City Code is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 20. It is intended that the text in Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 2 of 31 Chapter 20 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Chapter 20 – ZONING * * * ARTICLE II. - ADMINISTRATION DIVISION 1. - PROCEDURE; LAND USE DECISIONS Sec. 20-26. - Intent and purpose. The intent and purpose of this division is to set forth the uniform procedure for applying for site plans, variances, conditional uses, rezonings, waivers, limited administrative waivers, and administrative appeals as set forth in the City Code this chapter. Sec. 20-27. - City commission; authority. (a) Unless otherwise provided in this chapter, the city commission shall render all final decisions regarding site plans, rezonings, variances, conditional uses, waivers, certain limited administrative waivers, and administrative appeals provided for in this chapter. The city commission may impose reasonable conditions on any approved site plan, rezoning, variance, conditional use, waiver, limited administrative waiver or administrative appeal to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the city code and comprehensive plan. All formal decisions shall be based on competent substantial evidence and the applicable criteria set forth in this chapter. The city commission may adopt, by resolution or ordinance, quasi-judicial rules and procedures to implement this article division. (b) For applications having one or more complex relevant and material evidentiary issues or multiple interested parties with standing to present relevant and material evidence, the city commission at its discretion may appoint, or direct the city manager to appoint, an advisory hearing officer to conduct an evidentiary hearing required by this section on a case-by-case basis. The advisory hearing officer shall be a member of the Florida Bar in good standing for five or more years. The hearing officer must demonstrate satisfactory knowledge of municipal land use and zoning law and general procedures for quasi-judicial land use matters. Hearings conducted pursuant to this subsection shall be noticed as required by this Division and the hearing officer shall generally conduct the hearing in accordance with applicable provisions of the city commission’s quasi-judicial procedures. The advisory hearing officer shall within a reasonable time, not to exceed 30 days from the date the hearing is closed, submit in writing a report to the city commission. Such report shall summarize the evidence submitted and considered and state precisely the hearing officer’s findings, conclusions and recommendations. The report shall be a public record and shall be provided by mail and email to the applicant and any interested party. The city commission shall consider the hearing officer’s report at a public hearing. At the hearing, the applicant, interested parties and the public shall be permitted to comment on the findings, conclusions and recommendations contained in the report. The city commission shall also take such additional relevant and material testimony at the public hearing as deemed Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 3 of 31 necessary to complete the hearing on the subject application, or the city commission may refer the application back to the hearing officer to take additional relevant and material evidence if necessary. The city commission may adopt or reject, in whole or in part, the hearing officer’s proposed findings, conclusions and recommendations. The city commission’s decision on the application shall be deemed final. Sec. 20-28. - Due process; special notice requirements. (a) All applicants shall be afforded minimal due process as required by law, including the right to receive notice, be heard, present evidence, cross-examine witnesses, and be represented by a duly authorized representative. (b) Within five (5) business days of filing with the City or as soon as practicable, applications filed under this Division shall be publicly posted on the City’s website on a web page reserved for identifying pending land use applications. (bc) In addition to any notice requirements provided by state law, all public hearings under this division shall be publicly noticed for at least seven (7) calendar days prior to any required planning & zoning board hearing and at least twenty (20) calendar days prior to any required city commission hearing unless otherwise provided by subsections (d) and (e). five (5) calendar days prior to the date of the hearing. Said notice shall include the address of the subject property, matter to be considered and the time, date and place of the hearing. The notice shall be posted in the following manner: (1) Posting the affected property on a sign form provided by the city. (2) Posting at city hall. (3) Notifying, by U.S. mail, all owners of real property adjacent to and within approximately five one hundred fifty (150 500) feet of the subject property based on the information contained in the property appraiser’s or similar property database. In addition, all neighborhood homeowner’s associations registered with the City and located within one-half-mile of the property shall likewise be provided notice by U.S. mail. Said mailing shall only be required for the initial public hearing and shall not be required for hearings that are continued to a date certain by the planning & zoning board or city commission. (4) Posting on the city’s website and social media platform. The notice requirements set forth in subsections (1), (2), and (3), and (4) above are hereby deemed to be courtesy notices. The failure to provide such courtesy notices shall not be a basis of appealing any decision made under this division. (d) Public hearings initially noticed as required by this section and then continued by the planning & zoning board or city commission may be continued to a date certain without compliance with the minimum seven (7) and twenty (20) calendar day requirement. (e) Applications regarding an existing single-family home shall be publicly noticed for at least seven (7) calendar days prior to any required planning & zoning board or city commission hearing, and shall not require posting of the affected property. Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 4 of 31 Sec. 20-28.1. – Conceptual Plan Review – Non-Binding and Binding by Development Agreement. Applicants may, at their option and sole cost and risk, submit site layout and building elevation designs in schematic or sketch form to the city commission for a non-binding and preliminary review as an initial courtesy to the applicant. These submittals are subject to a more formal application process which requires the submission of more detailed plans and specifications and requires a more detailed review and final consideration of approval by the city commission. Comments and statements made by city officials at the preliminary review are non- binding unless memorialized in a written agreement approved by the city commission. City staff and the applicant shall only seek feedback from the commission and city staff shall not make a formal recommendation regarding the proposed project at this time, unless the application is accompanied by a written development agreement being proposed by city staff for the commission's approval or during the preliminary review, a development agreement is pursued by the city commission and the applicant. In which case, the city staff shall make a recommendation regarding the application and proposed agreement. This non-binding and preliminary review shall not be relied upon by the applicant as a final decision and shall not be construed in any manner as creating any vested right or entitlement for the development of the subject property. By requesting and participating in the optional preliminary review process, the applicant shall be deemed to have read and agreed to this code provision and to hold the city and its officials harmless for any future actions they may have taken based on the results of a preliminary review pursuant to this section. Sec. 20-28.2. - Pre-application Meeting. A prospective applicant, who desires to submit an application for a development project which will require a community workshop under Section 20-29-1, shall be required to schedule and attend a pre-application meeting with the community development department in order to discuss the application process and the proposed project. For all other projects, it is recommended that applicants meet with the community development department prior to submitting an application. No person may rely upon any comment made by any participant at the pre-application conference as a representation or implication that the application will be ultimately approved or rejected in any form. Sec. 20-29. - Applications. (a) The city manager or the city manager's designee is hereby authorized to prepare applications in furtherance of this division. At a minimum, applications for conceptual plan review shall require payment of an applicable application fee adopted by the city commission. Applications for non-binding conceptual plan review shall contain the information required by subparagraphs (1) through (6), site layout and building elevation designs in schematic or sketch form, and such other preliminary information deemed necessary by the applicant or city staff to describe the development concept and the potential on and off-site impacts of the proposed development. Additionally, all applications for site plans, rezonings, variances, conditional uses, waivers, binding development agreements including binding conceptual plan approval, and administrative appeals shall be accompanied by the applicable application fee adopted by the city commission and shall contain the following information which shall be considered by the City when evaluating the applicable review criteria: Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 5 of 31 (1) A general description of the relief sought under this division. (2) A brief explanation, with applicable supporting competent substantial evidence and documents, as to why the application satisfies the relevant criteria set forth in this division. (3) The name(s) of the owner(s) of the particular real property. (4) If the applicant is other than all of the owners of the particular property, written consent signed by all owners of the particular real property shall be attached. (5) The legal description of the particular real property, accompanied by a certified survey or that portion of the map maintained by the Seminole County Property Appraiser reflecting the boundaries of the particular real property. (6) The current and future land use and the zoning designations on the real property. (7) For all new development, new buildings, conditional uses, existing buildings being altered by 50 percent or greater of the original floor area or seating capacity, or as otherwise deemed applicable by the city to relevantly and competently examine an application for compliance with the city code and the affect the proposed use will have on neighborhood and surrounding properties, applicants shall be required to submit with the application the following information: a. A current up-to-date tree survey and tree preservation and landscape plan; b. A site plan, drawn to scale, which shall indicate: 1. Building elevations illustrating all side of structures, floor plans, locations and orientations, and landscape areas; 2. Ingress and egress, emergency access, parking locations and number of spaces, sidewalks and pedestrian and vehicle circulation within the site; 3. If applicable, stacking/queuing of vehicles, drop off zones, truck/delivery areas, bike rack locations, and connections to adjacent properties; 4. Paved surfaces, materials and location(s); 5. Site location diagram and legal description; 6. Signage; 7. Wetland and floodplain boundaries; 8. Screening, buffering and lighting plans; and 9. Such other relevant information regarding the proposed site. c. A parking analysis, prepared by a duly qualified expert, justifying the proposed parking solution; d. An economic fiscal impact report, prepared by a duly qualified expert, in compliance with the requirements set forth in the City's Comprehensive Plan and Code, if applicable and required by the city; Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 6 of 31 e. A traffic study and analysis, prepared by a duly qualified expert, regarding both the estimated impact of the proposed project on the neighborhood and surrounding properties and the established level of service on affected roads; f. A stormwater management plan; g. A noise study to analyze current and proposed noise levels as well as methods of sound attenuation, if applicable and required by the city. (8) If a residential development is proposed, a school concurrency letter from the School District, if applicable, and the proximity and transportation routes of the proposed development to the elementary, middle and high schools assigned by the School District. (9) If the proposed development has the potential to discharge noxious odors or pollutants, an odor or pollution study, prepared by a duly qualified expert, regarding the proposed project’s estimated odor or pollutant impact on the neighborhood, surrounding properties and the environment. (10) Other reasonable supporting documents to indicate intentions and/or any other items reasonably required by the city to determine whether or not the proposed development is in compliance with the City's Comprehensive Plan and Code. (b) Incomplete applications will not be processed and presented to the planning & zoning board and city commission, or if inadvertently presented to said board and city commission, the board and city commission may require the applicant to complete the application if deemed necessary before proceeding with final review of the application. Applicants will be provided written notice of incomplete applications and be afforded a reasonable opportunity to sufficiently complete an application before an incomplete application is deemed rejected and returned by the city staff. If an application is deemed incomplete and the applicant fails to complete it within ninety (90) days of written notice from the City, the City shall have the right, by providing written notice to the applicant, to deem the application withdrawn by the applicant. Applications deemed withdrawn shall not be processed and the application fee shall be deemed forfeited. Withdrawn applications may be refiled in complete form and payment of the applicable application fee. (c) All site plans, rezonings, variances, conditional uses, waivers, limited administrative waivers, and appeals approved herein shall be binding on the use of the property. As a condition of approval by the city commission, all development projects requiring a community workshop pursuant to section 20-29-1 of the City Code, shall be required to be memorialized in a binding development agreement which shall be executed by the City and property owner. If the applicant is a developer, the developer shall be required to execute the binding development agreement subject to closing and acquiring the property. The agreement shall be recorded against the property so that the terms and conditions of approval related to the development project or conditional use shall run with the land. Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 7 of 31 Sec. 20-29.1. – Community Workshop requirements. (a) For all new commercial development, new residential subdivisions of ten (10) or more lots, conditional uses, existing commercial buildings being altered by 50 percent or greater of the original floor area or seating capacity and requiring a modified site plan, or development agreements processed under section 20-28.1 of the City Code, the applicant shall be responsible for conducting a community workshop to inform neighboring property owners of the proposed application and answer questions relevant to the proposed application. At a minimum, preliminary demonstrative concept plans, development schedules, and specifications of the proposed development project such as land uses, size and height of buildings, intensity and density, new roads, and other primary features and amenities shall be presented to the public. The workshop shall be held in a location generally near the subject property and shall be held in a facility that is ADA compliant. The applicant shall provide notification by mail to all owners of property located within 500 feet of the subject property and to all neighborhood homeowner’s associations registered with the city and located within one-half-mile of the property. The city manager or designee shall provide mailing labels to the applicant. The applicant shall mail these notices with proper postage at least twenty (20) calendar days before the workshop date, and provide proof of same to the city manager or designee. The applicant shall also provide the City with an appropriate written notice to be published on the City’s website and social media platform at least twenty (20) calendar days before the date of the workshop. (b) The workshop date and time shall be scheduled in coordination with the City and shall start between 6:00 p.m. and 8:00 p.m. on a weekday or with the approval of the city manager between 9:00 a.m. and 5:00 p.m. on a weekend. All required workshops shall be held prior to submittal of the application with the exception that applications for a non-binding and preliminary review, without a development agreement, under section 20-28.1 shall not require a workshop. The applicant shall be required to schedule an additional workshop if the initial workshop has occurred more than six months prior to submittal of the application, or the applicant’s initially proposed plans have substantially and materially changed from the initial workshop or the city commission determines that an additional workshop is required before making a final decision on any related application. Sec. 20-30. - Staff review. (a) The city staff shall be required to review all applications for site plans, rezonings, variances, conditional uses, waivers, and administrative appeals, and make written recommendations to the planning and zoning board and the city commission as may be required in this article. Staff recommendations shall include at a minimum the following relevant information: (1) background data about the subject property including, but not limited to, current future land use and zoning designations, previous applicable development agreements, binding Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 8 of 31 land covenants, parcel size and dimensions, development constraints such as wetlands and conservation areas and easements, and a map and aerial of the subject and surrounding property; (2) information regarding adjacent and surrounding land uses; (3) information regarding the applicant and proposed application request; (4) citation and summary of applicable law such as city comprehensive plan policies, city code provisions and state and federal laws; (5) procedural history of the proposed application and project including application submittal dates, legal advertisements, other related pending applications, previous city commission approvals, community workshop meetings, and planning & zoning board recommendations; (6) summary of relevant review criteria regarding the application; (7) the applicants written analysis and response to the review criteria; (8) city staff’s written analysis and response to the review criteria; and (9) other competent substantial evidence deemed necessary by city staff to analyze the application for compliance with law. (b) Upon completion of the written recommendation, city staff shall forward the application along with the recommendation, to the planning and zoning board as required by this division, for a duly noticed public hearing and recommendation before the city commission considers the application. Sec. 20-31. - Rezonings. (a) Any real property owner may file a rezoning application requesting a change in zoning designation for their real property. (b) The planning and zoning board shall be required to review all rezoning applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable rezoning criteria set forth in this section. (c) Upon receipt of the planning and zoning board's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (d) All rezoning applications shall be reviewed for compliance with the following standards: (1) The proposed rezoning change is in compliance with all procedural requirements established by the City Code and law; (2) The proposed rezoning change is consistent with the goals, policies and objectives of the city's comprehensive plan including, but not limited to, the Future Land Use Map Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 9 of 31 and the proposed change would not have an adverse effect on the city’s implementation of the goals, policies and objectives of the comprehensive plan; (3) The proposed rezoning change is consistent with any master plan applicable to the property; (4) The proposed rezoning change is not contrary to the land use pattern established by the city's comprehensive plan; (5) The proposed rezoning change would not create a spot zone prohibited by law; (6) The proposed rezoning change would not materially alter the population density pattern in a manner that would overtax the load on public facilities and services such as schools, utilities, streets, and other municipal services and infrastructure; (7) The proposed rezoning would not result in existing zoning district boundaries that are illogically drawn in relation to existing conditions on the property and the surrounding area and the land use pattern established by the city's comprehensive plan; (8) Changed or changing conditions make the proposed rezoning necessary for the city to serve the population and economic activities; (9) The proposed rezoning change will not seriously reduce light or air to adjacent areas; (10) Should the city be presented with competent substantial evidence indicating that property values will be adversely affected by the proposed rezoning, the applicant must demonstrate that the proposed rezoning change will not adversely affect property values in the surrounding area; (11) The proposed rezoning will not be a substantial detriment to the future improvement or development of vacant adjacent and surrounding property; (12) The proposed rezoning will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare and legitimate government interests; (13) The proposed rezoning change and allowed uses, intensity and density are is compatible with and not out of scale or incompatible with the surrounding existing development and needs of the neighborhood or the city; (14) The proposed rezoning does not violate any applicable land use regulations adopted by the city. (15) Applications in the Town Center to rezone to a transect zone shall meet the following additional criteria: a. The proposed T-Zone shall provide a logical extension of an existing zone, or an adequate transition between zones. b. The area shall have had a change in growth and development pattern to warrant a rezoning to a more or less urban T-Zone. c. The request shall be consistent with the overall city vision for growth and development as expressed in the city’s comprehensive plan or applicable master plan. Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 10 of 31 (16) Speculative rezoning of land is very disfavored by the City. In conjunction with a rezoning application, the applicant shall be required to fully disclose any proposed new development project that will be pursued by the applicant if the proposed rezoning request is approved, and all applicable application information shall be submitted for the proposed new development project. The proposed development project shall be deemed to have been relied on by City in reaching its decision concerning the proposed change of zoning. Said site plan or concept plan shall be deemed to be binding on the subject property affected by the rezoning and site plan or concept plan, and any change of zoning shall be deemed to be granted in reliance on said site plan or concept plan, even though said site plan or concept plan imposes greater or stricter standards on said property than does other provisions of the City C ode for the other lots, tracts, or parcels of land in like land use classifications. Such greater or stricter standards shall be deemed appropriate when unique or peculiar site and locational characteristics are evident and shall be deemed to exist when such site plan or concept plan is relied upon by the planning and zoning board and the city commission. The proposed new development project shall be evaluated in accordance with the review criteria set forth in this subsection and the applicable review criteria for conditional uses set forth in section 20-33. Mitigative techniques and plans required to support any change of zoning may be addressed pursuant to the restricted rezoning provisions set forth in subsection (e) and a binding development agreement. (17) If the proposed rezoning will allow residential uses or increase the possible density of residential uses, the proposed rezoning shall not potentially cause negative impacts on school capacity (K-12), school overcrowding (K-12), accessibility and convenience (e.g., walking distance, travel time, private and public transportation, and quality of route environment) to the majority of the K-12 school population projected for the property and that will be drawn from any proposed residential project, and the integration of future residents of any proposed residential project into the existing city of Winter Springs community in sustainable manner. (18) Whether the applicant has agreed to execute a binding development agreement required by city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by city code. (e) In approving a change in the zoning classification on a lot or parcel of land, at the request of or with the concurrence of the owner of said lot or parcel, the city commission may approve a rezoning subject to restrictions provided such restrictions do not confer any special privilege upon the owner or subject property that would otherwise be denied by the city's land development regulations in the same zoning district. Such restrictions may include one or more of the following: (1) Use restrictions greater than those otherwise specified for that particular district; (2) Density restrictions greater than those otherwise specified for the particular district; (3) Setbacks greater than those otherwise specified for the particular district, including setbacks from lakes and major arterial roadways; (4) Height limits more restrictive than otherwise permitted in the district; Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 11 of 31 (5) Minimum lot areas or minimum widths greater than otherwise specified for the particular district; (6) Minimum floor area greater than otherwise specified for structures in the particular district; (7) Open space requirements greater than otherwise required for property in the particular district; (8) Parking, loading driveway or traffic requirements more restrictive than otherwise required for the particular district; (9) Fencing or screening requirements greater than otherwise required for the particular district; (10) Restrictions on any other matters which the city commission is authorized to regulate. Upon approval of such restrictive rezonings, the planning division shall enter a reference to the restrictions on the city's official zoning map, and a notice of zoning restrictions shall be recorded in the public records of Seminole County. Restrictions shall run with the land, without regard to transfer of ownership or other interests, and may be removed only upon further amendment to the zoning classification of the subject property in accordance with the procedures prescribed herein. Sec. 20-32. - Variances. (a) Any real property owner may file a variance application requesting variance from this chapter for their real property. Variances may be approved only for height, width, length or area of structures; size of lots; size of yard setbacks; driveway widths; building design standards (dimensional standards only); landscaping area requirements for vehicular use areas; landscape buffer requirements for buffer strip areas; landscape zones; street setbacks; glazing and window percentages; and minimum first floor height. Under no circumstances may a variance be granted to allow a use not permitted generally or by conditional use permit in the district involved, or any use expressly or by necessary implication prohibited in the district by the terms of this chapter or other applicable provision of the city code. (b) The planning and zoning board shall be required to review all variance applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable variance criteria set forth in this section. (c) Upon receipt of the planning and zoning board's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (d) All variance recommendations and final decisions shall be based on an affirmative finding as to each of the following criterion: Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 12 of 31 (1) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings or structures in the same zoning district. (2) That special conditions and circumstances do not result from the actions of the applicant or applicant’s predecessor in title. (23) That literal interpretation of this chapter would work an unnecessary and undue hardship on the applicant deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and other applicable building and land development codes of the citywould work unnecessary and undue hardship on the applicant. (34) That the special conditions and circumstances referred to in subsection (d)(1) of this section do not result from the actions of the applicant. (45) That approval of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings, or structures in the same zoning district. (56) That the requested variance is the minimum variance from this chapter necessary to make possible the reasonable use of the land, building or structure. (67) That approval of the variance will be in harmony with the general intent and purpose of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. (8) Whether the applicant has agreed to execute a binding development agreement required by city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by city code. (e) The following factors shall not be considered in any variance request: (1) The presence of nonconformities in the zoning district or adjoining districts. (2) Financial loss or business competition. (3) Whether the property was purchased with the intent to develop or improve the property, whether or not it was known at the time of purchase that such development would be a violation. Sec. 20-33. - Conditional uses. (a) Any real property owner may file a conditional use application requesting a conditional use of their real property providing the conditional use is listed in the applicable zoning district category. (b) The planning and zoning board shall be required to review all conditional use applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable conditional use criteria set forth in this section. Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 13 of 31 (c) Upon receipt of the planning and zoning board's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (d) All conditional use recommendations and final decisions shall be based on the following criteria to the extent applicable: (1) Whether the applicant has demonstrated the conditional use, including its proposed density, height, scale and intensity, hours of operation, building and lighting design, setbacks, buffers, noise, refuse, odor, particulates, smoke, fumes and other emissions, parking and traffic-generating characteristics, number of persons anticipated using, residing or working under the conditional use, and other offsite impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity. (2) Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed density, scale and intensity of the conditional use requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, safe and convenient automobile, bicycle, and pedestrian mobility at the site, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. (3) Whether the proposed use will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values. (4) Whether the proposed use will have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards. (5) Whether the proposed use will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. (6) Whether the proposed use will have an adverse impact on public services, including water, sewer, stormwater and surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities. (7) Whether the traffic report and plan provided by the applicant details safe and efficient means of ingress and egress into and out of the neighborhood and adequately addresses the impact of projected traffic on the immediate neighborhood, traffic circulation pattern for the neighborhood, and traffic flow through immediate intersections and arterials. (78) Whether the proposed use will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality. Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 14 of 31 (9) Whether the proposed use avoids significant adverse odor, emission, noise, glare, and vibration impacts on adjacent and surrounding lands regarding refuse collection, service delivery, parking and loading, signs, lighting, and other sire elements. (10) Whether the applicant has provided an acceptable security plan for the proposed establishment that addresses the safety and security needs of the establishment and its users and employees and minimizes impacts on the neighborhood, if applicable. (11) Whether the applicant has provided an acceptable plan for the mass delivery of merchandise for new large footprint buildings (greater than 20,000 square feet) including the hours of operation for delivery trucks to come into and exist the property and surrounding neighborhood, if applicable. (12) Whether the applicant has demonstrated that the conditional use and associated site plan have been designed to incorporate mitigative techniques and plans needed to prevent adverse impacts addressed in the criteria stated herein or to adjacent and surrounding uses and properties. (13) If the proposed conditional use is a residential use, whether the elementary, middle and high schools (K-12) that will be initially assigned to the residential project by the School District at the time the city commission considers final approval of the conditional use have both sufficient capacity, are in close proximity to the project so as to make each of the assigned schools accessible and convenient (e.g., walking distance, travel time, private and public transportation, and quality of route environment) to the majority of the school population that will be drawn from the project, and promote and support the integration of future residents of the project into the existing city of Winter Springs community in sustainable manner. (14) Whether the applicant has agreed to execute a binding development agreement required by city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by city code. Sec. 10-33.1. – Site and Final Engineering Plans. (a) Site and final engineering plans and the subdivision of land shall also be subject to the technical requirements set forth in Chapter 9 of the City Code. It is the intent of this Section to apply to applications for site and final engineering plans and to any subdivision of land requiring a plat, if applicable, and does not include review and approval of a lot split application. (b) Except for single-family homes, the planning and zoning board shall be required to review all site and final engineering plan and subdivision of land applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable conditional use criteria set forth in this section. (c) Upon receipt of the planning and zoning board's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 15 of 31 planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (d) Except for single-family homes, all site and final engineering plan and subdivision recommendations and final decisions shall be based on whether the site and final engineering plan and subdivision of land complies with all the technical requirements set forth in Chapter 9 of the City Code and the following criteria to the extent applicable: (1) Whether the applicant has demonstrated the site and final engineering plan and subdivision of land, including its proposed density, height, scale and intensity, hours of operation, building and lighting design, setbacks, buffers, noise, refuse, odor, particulates, smoke, fumes and other emissions, parking and traffic-generating characteristics, number of persons anticipated using, residing or working under the plan, and other offsite impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity. (2) Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed density, scale and intensity of the site and final engineering plan requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, safe and convenient automobile, bicycle, and pedestrian mobility at the site, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. (3) Whether the proposed the site and final engineering plan and subdivision of land will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values. (4) Whether the proposed the site and final engineering plan and subdivision of land will have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards. (5) Whether the proposed the site and final engineering plan and subdivision of land will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. (6) Whether the proposed the site and final engineering plan and subdivision of land will have an adverse impact on public services, including water, sewer, stormwater and surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities. (7) Whether the site and final engineering plan and subdivision of land, and related traffic report and plan provided by the applicant, details safe and efficient means of ingress and egress into and out of the neighborhood and adequately addresses the impact of projected traffic on the immediate neighborhood, traffic circulation pattern for the neighborhood, and traffic flow through immediate intersections and arterials. (78) Whether the proposed the site and final engineering plan and subdivision of land will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality. Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 16 of 31 (9) Whether the proposed the site and final engineering plan and subdivision of land avoids significant adverse odor, emission, noise, glare, and vibration impacts on adjacent and surrounding lands regarding refuse collection, service delivery, parking and loading, signs, lighting, and other sire elements. (10) Whether the applicant has provided an acceptable security plan for the proposed establishment to be located on the site and final engineering plan and subdivision of land that addresses the safety and security needs of the establishment and its users and employees and minimizes impacts on the neighborhood, if applicable. (11) Whether the applicant has provided on the site and final engineering plan and subdivision of land an acceptable plan for the mass delivery of merchandise for new large footprint buildings (greater than 20,000 square feet) including the hours of operation for delivery trucks to come into and exist the property and surrounding neighborhood, if applicable. (12) Whether the applicant has demonstrated that the site and final engineering plan and subdivision of land have been designed to incorporate mitigative techniques and plans needed to prevent adverse impacts addressed in the criteria stated herein or to adjacent and surrounding uses and properties. (13) Whether the applicant has agreed to execute a binding development agreement required by city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by city code. Sec. 20-34. - Waivers. (a) Any real property owner may file a waiver application requesting a waiver for their real property from any term and condition of this chapter (except from the list of permitted, conditional and prohibited uses set forth in any zoning district category) if the property owner clearly demonstrates that the applicable term or condition clearly creates an illogical, impossible, impractical, or patently unreasonable result. (b) The planning and zoning board shall be required to review all waiver applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable waiver criteria set forth in this section. (c) Upon receipt of the planning and zoning board's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (d) In addition to the standard set forth in paragraph (a) above, aAll waiver recommendations and final decisions shall also comply with the following criteria: Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 17 of 31 (1) The applicant clearly demonstrates that the applicable term or condition clearly creates an illogical, impossible, impractical, or patently unreasonable result related to the proposed property and development. (12) The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. (23) The proposed development plan will significantly enhance the real property. (34) The proposed development plan serves the public health, safety, and welfare. (4 5) The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. (5 6) The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. (67) The proposed development plan is compatible and harmonious with the surrounding neighborhood. (8) Whether the applicant has agreed to execute a binding development agreement required by city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by city code. Sec. 20-35. - Administrative appeals. (a) Any final administrative decision regarding the enforcement or interpretation of this chapter, where it is alleged there is an error by an administrative official, can be appealed as set forth in this section. Administrative appeals are not authorized or permitted on interpretation issues based on the following: (1) Any order, requirement, decision, or determination made regarding code enforcement, including notice of violations and civil citations. (2) Acts of administrative officials pursuant to the orders, resolutions, or directives of the city commission including development agreements. (3) Zoning verification letters. (4) Challenges to a development order controlled by F.S. § 163.3215. (5) Appeals that circumvent procedures required by this chapter, including those that are more appropriately addressed in an application for a waiver, variance, or rezoning. (b) The following persons shall have standing to appeal an administrative decision that is not of general applicability and that is specifically related to a particular project or parcel of real property: (1) An applicant who is adversely affected by the decision. (2) A property owner whose property is the subject of the decision. Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 18 of 31 (3) All owners of real property that lies within 500 feet of the property that is the subject of the decision. (4) Any resident, landowner, or person having a contractual interest in land in the city who demonstrates a direct adverse impact from the decision that exceeds in degree the general interest in community good shared by all persons. (bc) Appeals shall be taken within thirty (30) calendar days after such administrative decision is signed by the administrative official rendering the decision or is otherwise rendered in writing. Appeals shall be is made by filing a written notice of appeal with the city manager stating the name of the decision maker, date of the decision, applicable code provisions and the specific grounds for appeal. A copy of the written decision shall accompany the written notice of appeal and filing fee. Upon receipt of the notice of appeal, the city manager shall schedule the appeal before the planning and zoning board within sixty (60) calendar days and transmit all documents, plans, papers or other materials constituting the record upon which the action appealed from was taken. Within twenty (20) calendar days of the filing of a notice of appeal pursuant to this section, any person with standing may intervene and become a party to the appeal by filing a written notice of appeal in accordance with this section and payment of the filing fee. (cd) The planning and zoning board shall be required to review all administrative appeals and make a recommendation to the city commission. (de) Upon receipt of the planning and zoning board's recommendation, the city commission shall make a final decision on the administrative appeal. If the city commission determines that the planning and zoning board has not made a recommendation on an administrative appeal within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (f) The hearing shall be limited to the record on appeal and shall consist of oral argument by city staff and parties with standing, each of whom may be represented by legal counsel, and the party challenging the administrative decision shall have the burden of proof. The hearing shall be conducted in accordance with established Florida law for quasi-judicial hearings. The record on appeal shall consist of the following: 1) the application and accompanying information; and 2) the written decision of the administrative official and accompanying information. All parties may freely refer to provisions from the comprehensive plan, any other city ordinance, resolution, or rule, and any federal or state statute, rule, or decision. If any party desires to admit any additional evidence, the additional evidence shall be disclosed to the other parties and the planning and zoning board or city commission not less than five calendar days before the hearing. At the beginning of the hearing, the planning & zoning board or city commission shall rule on whether such additional evidence may be presented and shall freely allow the evidence when such evidence is relevant to the issue on appeal. (eg) Review of administrative decisions shall be based on the following criteria: (1) Whether the applicant was properly afforded procedural due process; (2) Whether the decision under review is supported by competent, substantial evidence; and Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 19 of 31 (3) Whether the decision under review complied with applicable law, including a proper interpretation of any provision under this chapter. (fh) The city commission shall have the right to reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as ought to be made, and to that end, shall have all the powers of the officers from whom the appeal is taken. (i) An administrative appeal filed pursuant to this section stays all proceedings in furtherance of the action appealed from, including the issuance of a building permit or development order, unless the administrative official from whom the appeal is taken certifies in writing to the board of adjustment after the notice of appeal is filed that, because of facts stated in the certificate, a stay would, in the administrative official's opinion, cause imminent peril to life and property. In such case where the administrative official makes such certification, proceedings shall not be stayed other than by an injunction issued by a court of competent jurisdiction Sec. 20-36. - Expiration of conditional use, variance and waiver approvals. (a) Any conditional use, variance or waiver approved by the city commission under this Division shall expire two (2) years after the effective date of such approval by the city commission, unless a building permit based upon and incorporating the conditional use, variance, or waiver is issued by the city within said time period. Upon written request of the property owner, the city commission may extend the expiration date, without public hearing, an additional six months, provided the property owner demonstrates good cause for the extension. In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, the conditional use, variance or waiver shall be deemed expired and null and void. (b) The city commission hereby finds that there may be one or more unexpired conditional use, variance, or waiver permits previously granted by the City that may have never been acted upon or abandoned by the property owner. The city commission finds that these unexpired permits may now be detrimental to the public health, safety, and welfare of the community due to changed circumstances in the surrounding neighborhood and changes in law. Therefore, the provisions of this section shall apply retroactively to any unexpired conditional use, variance, and waiver previously granted by the city commission. It is the intent and purpose of this subsection to void any previously granted conditional use, variance, and waiver permit that does not comply with the provisions of this section and to require the property owner to reapply, under current circumstances, for said permit should the property owner desire or need said permit. Sec. 20-37. - Limited administrative waivers. (a) Authorization by city manager. Waivers to the adopted land development regulations set forth in this chapter may be authorized administratively by the city manager or designee, subject to the procedures and limitations of this section. Designees under this section may be approved by city manager by written administrative order. (b) Waivers subject to administrative review and approval. Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 20 of 31 (1) Administrative waivers may be considered for height, area, or size, or design dimensional requirement of a structure or architectural feature; and/or distance requirement, size of yard, setback and open space requirements of an applicable zoning district including the transect design standards in the Town Center District. Administrative waivers shall not exceed ten percent (10%) of the applicable requirement. The city manager may authorize the administrative review and approval of a waiver when a property owner clearly demonstrates: a. The waiver is necessary, as a condition of city permit approval, to allow the reasonable use of the subject property and any proposed or existing improvements thereon; and b. Such waiver will not: (i) have more than a de minimus impact on the subject property and surrounding area; (ii) be contrary to the public interest; (iii) be incompatible with the surrounding area; (iv) have an adverse effect on the neighborhood or general welfare of the area; and (v) have the effect of nullifying the intent and purpose of any applicable provision of this chapter. (c) Application submittal and fee. Application for an administrative waiver by the city manager shall be made on a form provided by the community development department and shall be accompanied by an application fee established by the city. As part of the application, the city manager reserves the right to require a signed affidavit (submitted on a form prepared by the city) from all abutting property owners indicating no objection to the requested waiver. In such case, failure of the applicant to obtain signatures of all abutting property owners will constitute a basis for denying the application. For the purpose of this section, the term "abutting" shall include those properties directly across a road. (d) Conditions. The city manager may prescribe appropriate conditions and safeguards to ensure that the purposes of this section, chapter and other applicable regulations set forth in the City Code are carried out, and to ensure that the waiver granted is the minimum necessary to allow reasonable use of the land and improvements. (e) Further action. Applications approved by the city manager under this section shall be deemed final. However, a denial of a request for an administrative waiver by the city manager shall be considered a non-final order of the city and shall not be appealable. Applications denied under this section shall not preclude an applicant from requesting a variance or waiver from the city commission pursuant to other applicable provisions of this chapter. In such cases, the applicant shall submit a formal application for a variance or waiver consistent with the requirements set forth in this chapter, and decisions made on such applications shall be deemed final and subject to appeal in a court of competent jurisdiction. (f) Approvals by City Commission. The city commission can use the limited administrative criteria in subsection (b) to grant applicable waivers when considering and making final decisions on any other land use application requiring city commission approval such as approval of final engineering plans. Such waivers are not subject to the application requirements in subsection (c) and shall not exceed twenty percent (20%) of the applicable requirement. However, in conjunction with the land use application requiring city Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 21 of 31 commission approval, the applicant and city staff shall identify the applicable limited waivers and address, in writing, the criteria in subsection (b). Additionally, if deemed necessary and relevant by cit y staff or city commission to approving the limited waiver requested, the applicant shall provide such relevant information enumerated in section 20-29 to support granting the waiver request. * * * DIVISION 12. - TOWN CENTER DISTRICT CODE * * * Sec. 20-320. - Intent. * * * (c) How to use this code. (1) Review the policies and administration procedures specifically applicable to the town center as set forth including those contained in the City's Comprehensive Plan and City Code including the Town Center District Code, Chapter 9 Land Development including final engineering plans, subdivision of land, and aesthetic review, and Chapter 20, Article II Administration, Division 1 Procedures; Land Use Decisions regarding special zoning permits. (2) Identify the transect zone assigned to the subject property. (3) Determine whether the proposed use is permitted in the applicable transect zone and is compatible under existing conditions at the proposed location with other adjacent or nearby land uses within the town center and any established surrounding neighborhoods. Tuscawilla Road Retail, Winter Springs Town Center (4) Review the general provisions and other requirements which apply throughout the applicable transect zone. Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 22 of 31 (5) Determine which street type your lot fronts on the thoroughfare standards map. (6) Review the building elements and architectural guidelines which contain specific rules for architectural design. (7) Prepare plans and specifications for submittal to the city in compliance with applicable law including, but not limited to, the City's Comprehensive Plan, City Code and Town Center District Code. * * * Sec. 20-321. - Administration. (a) Interpretation of the standards. Interpretation of the standards in this division shall be the responsibility of the city's development review committee (DRC). Unless otherwise authorized by resolution of the city commission, the city commission shall serve as the development review committee under this division. The adopted Master Plan (inclusive of any economic development strategies adopted by the city commission for the town center) shall serve as guidance to the development review committee with regard to the city's intent for land development in the town center. The images contained in this division are meant to demonstrate the character intended for the town center and shall be the guide for future development, but are for illustrative purposes only. The accompanying text and numbers are rules that govern permitted development. (b) Review process. (1) Applications are subject to final review and approval by the development review committee (DRC). Prior to final review and approval by the development review committee, all new applications, and proposed substantial amendments to previously approved applications, shall be reviewed by the planning and zoning board for purposes of issuing an advisory recommendation to the development review committee. The committee shall have authority, within reason and applicable rules, for approving all aspects of site planning and exterior architecture, including aesthetic appropriateness, verification of an acceptable economic fiscal impact, environmental implications, traffic impacts, and any other site-specific matters not delineated herein. (2) Optional preliminary review. Applicants may, at their option and sole cost and risk, submit site layout and building elevation designs in schematic or sketch form to the development review committee for a non-binding and preliminary review as an initial courtesy to the applicant. These submittals are subject to a more formal application process which requires the submission of more detailed plans and specifications and requires a more detailed review and final consideration of approval by the DRC. Comments and statements made by city officials at the preliminary review are non-binding unless memorialized in a written agreement approved by the city commission. City staff and the applicant shall only seek feedback from the commission and city staff shall not make a formal recommendation regarding the proposed project at this time, unless the application is accompanied by a written development agreement being proposed by city staff for the commission's approval. In which case, the city staff shall make a Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 23 of 31 recommendation regarding the application and proposed agreement. This non-binding and preliminary review shall not be relied upon by the applicant as a final decision and shall not be construed in any manner as creating any vested right or entitlement for the development of the subject property. By requesting and participating in the optional preliminary review process, the applicant shall be deemed to have read and agreed to this code provision and to hold the city and its officials harmless for any future actions they may have taken based on the results of a preliminary review pursuant to this section. (3) Applicants shall submit the following items to the community development department for review: a. A current up-to-date site survey; b. A current up-to-date tree survey; c. A site plan, drawn to scale, which shall indicate: 1. Building locations and orientations, and landscape areas; 2. Parking locations and number of spaces; 3. Paved surfaces, materials and location(s); 4. Site location diagram and legal description; and 5. Signage. d. Building elevations illustrating all sides of structures facing public streets or spaces; e. A parking analysis justifying the proposed parking solution (such as Shared Parking, by Barton Aschman Associates, The Urban Land Institute); f. An economic fiscal impact report, prepared by a duly qualified expert, in compliance with the requirements set forth in the City's Comprehensive Plan and Code, if applicable; and g. Other reasonable supporting documents to indicate intentions and/or any other items reasonably required by the development review committee to determine whether or not the proposed development is in compliance with the City's Comprehensive Plan and Code. The provisions of this subsection are not applicable to the optional preliminary review process, but some or all of the requirements may be required by the city, on a case-by-case basis, if the city and the applicant pursue a development agreement during the optional preliminary review process. (c) Special exceptions. (1) The city commission may by special exception waive strict compliance with provisions of this code in furtherance of promoting the town center policies adopted by the city. In granting a special exception, the city commission must find by substantial competent evidence that: a. The proposed development contributes to, promotes and encourages the improvement of the Winter Springs Town Center and catalyzes other development as envisioned in the Winter Springs Town Center regulations. b. The proposed development will not have an unfavorable effect on the economy of the Winter Springs Town Center and complies with the economic fiscal impact requirements set forth in the City's Comprehensive Plan and Code. Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 24 of 31 c. The proposed development abides by all rules in this code other than those specially excepted. Special limitations apply to large footprint buildings (greater than twenty thousand (20,000) square feet); see subsection 20-324(9) for these limitations. d. The proposed development meets any reasonable additional conditions, restrictions or limitations deemed necessary by the city commission in order to preserve and promote the intent of the Winter Springs Town Center District Code. e. With respect to each waiver requested, the specific waiver shall comply with all of the following: 1. Is a result of special conditions and circumstances which are peculiar to the land, site plan, structure or building involved and which justify granting the waiver in the context of the overall proposed development being successful within the town center; 2. Is the minimum waiver from the town center regulations necessary to make possible the reasonable use of the land, building or structure; 3. Is in harmony with the general intent and purpose of the town center regulations; 4. Will not be injurious or incompatible to the town center and any surrounding neighborhood or property; and 5. Will not create a public nuisance or be detrimental to the public health, safety, and welfare relative to public services including water, sewer, surface water management, police, fire, parks and recreation, streets and traffic patterns, public transportation, marina and water ways, bicycle and pedestrian facilities. (2) Procedure for special exceptions . a. Approval may be granted only after a minimum of two (2) discretionary reviews. The first review shall be before the planning and zoning board, at which time the planning and zoning board shall review the project and provide to the city commission an advisory recommendation regarding approval, approval with conditions, or disapproval. The second review shall be a public hearing held before the city commission and shall be held no sooner than seven (7) calendar days following the planning and zoning board hearing. b. Requests for special exceptions under this division shall include each exhibit required in the administration review process per subsection 20-321(b). In addition, the city commission may within reason require additional exhibits and may defer approval of the special exception application or schedule an additional public hearing or hearings to review those exhibits. c. Special exceptions shall not be unreasonably withheld if the requested special exception complies with the applicable criteria set forth in the town center regulations, but the city commission shall have authority to require that the applicant satisfy any additional conditions it deems necessary to fulfill goals of the master plan, including reasonable offsite improvements directly related and proportionate to the specific impact of the request, or further review(s) and approval by the development review committee. (3) The city commission may grant the approval of an application for special exceptions from the Code in whole or in part upon a majority vote of its members. Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 25 of 31 (d) Site development agreement option. The city may enter into a site development agreement with the user or developer of a property, relating to development of a particular parcel or tract of land, and such an agreement may address such issues as impact fee credits; a specialized or negotiated concept of design or site plan development authorized or sanctioned by this division; infrastructure service credits or public-private participation in funding, design or construction; or other incentives based upon strict compliance with requirements of this ordinance. The agreement will be mutually acceptable to all parties. Considerations for the city in deciding whether to participate in such an agreement will include compliance with the objectives and design criteria specified in this division; demonstration of a cost benefit to city and developer; consideration of development amenities provided by the developer. Such a site development agreement shall be adopted and be in conformance with the requirements of the Florida Municipal Home Rule Powers Act or F.S. §§ 163.3220 through 163.4243, as to effect, duration, public hearing requirements and other issues. The terms and conditions set forth in a development agreement and any related final engineering plans ("development agreement") approved by the city commission shall be binding on the subject property regardless of any changes to the Town Center Code. In the event that the Town Center Code is amended after a development agreement is approved to permit development that is inconsistent and in conflict with a previously approved development agreement, the terms and conditions of the development agreement shall prevail, unless the development agreement is amended. The intent of this paragraph is to prohibit a developer from relying upon an amendment to the Town Center Code enacted subsequent to approval of its development project in order to alter the terms and conditions of its project without the express written consent of the city commission. (b) In the town center district, decorative street signs are required along roadways as part of the decorative street sign and light program for new development including: subdivisions, commercial development and areas constructed for public use. Standards for the town center district follow the same guidelines as street signage that is upgraded in all other areas of the city. In addition, the city requires that decorative street lights be provided for all development within the town center district. During the development review process, it will be determined by the city whether or not the user or developer of a property within the town center may need to enter into a Neighborhood Street Sign Light Improvement Agreement (NSSLIA) as part of the respective development agreement. (e) Comprehensive plan compliance required. All development of property subject to these regulations shall also be subject to the Comprehensive Plan of the City of Winter Springs, Florida, and all approvals and land development permits shall be in compliance with said comprehensive plan. * * * Sec. 20-324. – General Provisions. Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 26 of 31 The following general provisions apply to all street types. * * * (9) Large footprint buildings. Buildings with a footprint greater than twenty thousand (20,000) square feet may be built within the town center district by special exception conditional use only. In these cases, the maximum lot width as noted in each applicable transect zone will be waived. Such buildings must abide by all rules in this division with the following special limitations: * * * Sec. 20-327.1. - Signs. * * * Signs shall be flat against the facade, mounted projecting from the facade, or mounted above the top of the facade. Free standing monument signs are permitted by special exception waiver along State Road 434 frontage. * * * Sec. 20-417. - Residential wall buffers required. Any developer or property owner proposing a commercial or multi-family development or redevelopment adjacent to a single family zoning district or use shall construct, at the developer's expense, an opaque wall of six (6) feet in height along the full length of the property line between such development or redevelopment and the adjacent single family zoning district or use. A wall shall also be required for a proposed commercial development or redevelopment adjacent to a multi-family zoning district or use, as required above. The wall shall be constructed of concrete block, brick or other durable material (wood not allowed) which is compatible with the surrounding area, and acceptable to the development review committee as to compatibility, design, and compliance with this section and the City Code. The wall requirements of this section shall apply internally within the boundaries of town center, but only to buffer loading docks, service areas, and trash disposal facilities from adjacent single-family or multi-family residential uses. If a wall is required internally within the town center, the wall requirement may be waived or varied by the development review committee and city commission pursuant to the special exception waiver or variance criteria and procedure set forth in the Town Center District Code. The wall requirements of this section shall also apply along the boundary of property that also constitutes the outer perimeter of the existing area zoned town center. Sec. 20-422. - Public, private and charter school and daycare center siting criteria. Daycare centers and schools (hereinafter referred to as "school" in this section) present unique planning/zoning issues and challenges for the city and surrounding land uses. Therefore, all schools must be deemed compatible with surrounding land uses by the city before any development permit may be issued for a new school or the expansion of existing school. In addition to complying with any other applicable provision of the City Code including, but not limited to, conditional use and special exception requirements, and applicable provisions of the city's comprehensive plan, compatibility shall be determined by satisfying all of the following factors: Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 27 of 31 * * * Sec. 20-436. - Authorized commercial vehicles—Limited-term parking permits. (a) One (1) authorized commercial vehicle per dwelling unit, as defined in section 20-434 above and not to exceed ten (10) feet in height, may be exempted from the garaging and fencing requirements of section 20-434 until July 2, 2001, if the dwelling unit of the owner, user, or caretaker of the authorized commercial vehicle does not have a garage or fence capable of screening the vehicle from view as provided in section 20-434 provided that the owner, user, or caretaker of the authorized commercial vehicle shall have first acquired from the city a limited term parking permit which shall be clearly affixed upon the rear window or rear panel of the authorized commercial vehicle. (b) Following the termination of the period of the permit the commercial vehicle must comply in all respects with section 20-434 or be removed from the residential zoned district. (c) No authorized commercial vehicle as defined in section 20-434 may be provided a limited term parking permit later than December 31, 1999. (d) A permit may be transferred to a similar authorized commercial vehicle as defined in section 20-434 for the duration of any applicable permit the special exception provided that a new permit is acquired from the city and the original permit is returned to the city. * * * Section 2. Code Amendment. Chapter 9 of the City Code is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this 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 VI. - SITE PLAN REVIEW DIVISION 1. - GENERALLY Secs. 9-326—9-340. - Reserved. DIVISION 2. - SITE PLAN REVIEW BOARD Sec. 9-341. - Creation. There is hereby created a site plan review board for the city. Sec. 9-342. - Purpose; composition. Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 28 of 31 The purpose of the site plan review board is to ensure compliance with adopted development standards and the Code of Ordinances. The board shall be composed of the city manager, building official, fire chief, police chief, and any other pertinent department heads or consultants as designated by the city manager. The city manager shall serve as chairman and appoint a board member as vice-chairman to serve in his absence. Sec. 9-343. - Clerical support and records. The city shall provide the site plan review board such clerks, stenographers and assistants as the city manager may deem necessary and responsible. The city shall provide a secretary to keep the minutes of the board's proceedings, serve all notices directed by the board, maintain site plan review board service records and files, preserve all reports and correspondence, and perform such other related duties as directed by the site plan review board. All permanent records of the site plan review board shall be kept in the custody of the city clerk. Sec. 9-344. - Meetings. All meetings of the site plan review board shall be open to the public and the board shall meet upon call of the chairman or vice-chairman in the absence of the chairman. Public notice of a meeting shall be posted on the public bulletin board at the city hall three (3) days before a scheduled meeting. Sec. 9-345. - Procedures, regulations and fees. Complete records of all proceedings of the site plan review board shall be kept. Procedures, regulations and fees relating to site plans not inconsistent with the provisions of sections 9-341 through 9-349 may be established by the city council from time to time by applicable administrative procedure or resolution. Such procedures, regulations and fees as then established shall be adhered to as if the same were specifically set forth in this chapter. Sec. 9-346. - Prohibitions. Except that used for a single-family dwelling, no parcel of land within the city shall be developed or improved by construction of any nature without a site plan having been first submitted, reviewed and approved as herein set forth, such approval to be valid for a period not to exceed one (1) year. Upon receipt of written application, the site plan review board may extend the approval for a period not to exceed six (6) months. If development has not commenced within one (1) year from the date of approval or within any extension period authorized by the board, the approval of the site plan originally submitted shall be considered null and void and no development or improvement of any nature may take place until such time as a site plan is resubmitted for review and approval as set forth in this chapter. No building permit shall be issued by the city until the site plan has been finally approved by the board or the city commission when applicable. No work of any nature shall commence on the property until a building permit has been issued, except with the express approval of the board or the city commission when applicable. Sec. 9-347. - Duties. Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 29 of 31 Any person desiring to develop or improve any parcel of land as provided for in this chapter shall first submit to the site plan review board a site plan. Such site plan shall be reviewed for compliance with all city ordinances, for conformity with the city's comprehensive plan, for compatibility with locally recognized values of community appearance and design, for conformity with the guidelines established by the city council concerning vehicular traffic access, ingress, egress, internal circulation, parking; concerning emergency vehicle access and concerning pedestrian movement; for assurances of satisfactory utility service for the health and welfare of the community; to assure compatibility with other improvements and the need for adequate light, air, access and privacy; to assure that the natural qualities and characteristics of the land will be preserved and that the project site will be appropriately landscaped and provisions established for the maintenance of same; to assure that adequate setbacks will be provided within the planned project and that provisions are made for the supervision and maintenance thereof; and to assure that the aesthetic and architectural details of the planned project are compatible with the surrounding area and serve to enhance the character of that area. The site plan shall be reviewed by the board and approved, disapproved or properly referred by such board in accordance with the results of its review. Sec. 9-348. - Appeals. Any person aggrieved by a decision of the site plan review board may appeal such decision to the city commission within thirty (30) days after notice of such decision. Upon appeal, the city commission shall review the decision of the board within fourteen (14) days and approve, modify or disapprove such decision. The decision of the city commission on appeal shall be final, provided any person aggrieved thereby may seek judicial relief as provided by law. Sec. 9-349. - Penalty for violation. (a) It is unlawful for any person to violate any of the terms and/or provisions specified within sections 9-341 through 9-349 or failing to comply with any order issued pursuant to any section hereof. (b) The developer, owner or tenant of any building or structure, parcel, premises or any part thereof, and any architect, building contractor, corporate officer, agent or other person who commits, participates in, assists in or maintains that which is a violation of this ordinance shall be classified as principal in the first degree and shall be found guilty of a violation of the terms of this division and suffer the penalties herein specifically provided. (c) Nothing herein contained shall prevent the city from instituting and taking such other legal action at law or in equity as is from time to time necessary, in order to prevent or remedy any violation of the rules, conditions, covenants stipulations or terms of this division. * * * Sec. 9-386.4. - Definitions. For the purpose of this division, the following words and terms shall have the meaning ascribed thereto: * * * Development permit. Includes any building permit, conditional use, zoning approval, subdivision approval, rezoning, development order, conditional use special exception, variance, waiver, or Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 30 of 31 any other official action of local government having the effect of permitting the development of land. * * * Sec. 9-501. - Definitions. The following words and phrases used in this article shall have the meanings ascribed below unless the context clearly indicates otherwise: * * * Development permit. Includes any building permit, zoning permit, subdivision approval, rezoning certification, conditional use special exception, variance, waiver, or any other official action of the city having the effect of permitting the development of land. * * * Section 3. Conforming Amendments to Town Center Land Use Matrix. One of the major policy objectives of this Ordinance is to streamline the town center development land use permit process and consolidate it with the regular land use permit process contained in the City Code. Consequently, the special exception land use identified in the Town Center Land Use Matrix is being relabeled a conditional use. Therefore, Section 20-323 Land Use Matrix attached hereto as EXHIBIT “A” is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions): See Exhibit “A,” which is hereby fully incorporated herein by this reference. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts or ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. 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 6. Severability. If any section, subsection, sentence, clause, phrase, word, or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 7. Effective Date. This Ordinance shall become effective upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the ____ day of ________________, 2019. Draft: 5/08/2019 – First Reading City of Winter Springs Ordinance No. 2019-09 Page 31 of 31 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 Legal Ad: First Reading: Second Reading: EXHIBIT “A” Sec. 20-323. - Permitted uses. T1 T2 T3 T4 T5 C/P Administrative public buildings P P P Adult congregate living facility SE CU SE CU SE CU Advertising agencies SE CU P P Alcoholic beverage sales (package) P P Alcoholic beverage on-premises consumption P P Alterations and tailoring P P P Amusement enterprises, private commercial SE CU SE CU Antique and gift shop P P P Appliances, sales and service P P Artists' studios P P P Automobile Repair Shops (routine service) SE CU Automotive accessories sales SE CU SE CU Bakery, wholesale and retail P P P Bed and breakfast inn P P P Bicycles, sales and service P P P Bookkeepers P P P Bookstores, stationery, newsstands P P Bus terminal (exclusive of bus stops) SE CU Bridal shops P P Butcher shop, retail only P P P Carpets, rugs and linoleum P P Churches (with or without educational and recreational buildings and facilities) SE CU SE CU SE CU SE CU SE CU Cleaners (Retail) P P P Coin dealers P P P Computers, hardware and software sales and service P P P Confectionery and ice cream stores P P P Convention center SE CU P P Corner store or neighborhood convenience store without gas pumps P P P Corner store or neighborhood convenience store with gas pumps SE CU Dance and music studios P P P Day care centers SE CU SE CU SE CU Drug and sundry stores P P Dry cleaner P P Equestrian facilities SE CU SE CU SE CU Employment agencies P P Financial institutions, banks, savings and loan SE CU SE CU Florist and gift shops P P P Furniture, retail, new and used P P Gas Stations SE CU SE CU Grocers, retail and wholesale SE CU P P Gun shop (retail, no gun range) SE CU P P Hair, nail and tanning salons P P P Hardware stores P P Health food P P P Hobby and craft shops P P P Home occupations P P P Hospitals and nursing homes SE CU SE CU Hotel P Inn P P Insurance P P P Interior decorating and draperies P P P Jewelry stores P P P Launderettes and Laundromats SE CU SE CU Libraries P P P Loan companies SE CU SE CU Locksmiths P P P Luggage shops P P P Manufacturing and assembly of scientific and optical precision instruments SE CU P P Medical clinics and laboratories P P Municipal buildings SE CU SE CU SE CU P Museums and/or cultural institutions SE CU P P Nurseries, plants, trees, etc., retail SE CU SE CU SE CU SE CU Offices P P P P Paint store P P Parking garages, standalone SE CU SE CU P Parks (public) and public recreation areas and facilities P P Pet shops and grooming P P P Photographic studios P P P Physical fitness and health clubs P P Post office (federal government) SE CU SE CU P Printers, commercial SE CU Private clubs and lodges SE CU P P Public restrooms P Public utilities and service structures SE CU SE CU SE CU SE CU SE CU SE CU P - Permitted Use SE - Special Exception required Quick printers P P Radio and TV broadcasting studios, excluding towers P P Radio and TV sales and service P P Reception facilities (meeting rooms, etc.) P P P Rental stores, excluding auto/truck rentals P P P Retirement homes, including independent living through assisted living SE CU SE CU SE CU Residential, single family (attached) P P P Residential, single family (detached) P P SE CU Residential, multifamily SE CU SE CU Restaurants P P P Schools SE CU SE CU SE CU Shoe repair shops P P P Sidewalk cafes P P P Skating rinks SE CU SE CU SE CU Snack shops P P P Sporting goods, retail P P P Stadiums and arenas SE CU SE CU Swimming pools; sales, service and supplies SE CU SE CU SE CU Tailoring shops P P P Taxidermists SE CU SE CU Theaters, not drive-ins SE CU P P Title companies SE CU P P Tobacco shops SE CU SE CU Town Center marketing and sales center P P P P Toy stores P P P Trail heads P P P P P P Travel agencies P P P Veterinary clinics (no overnight boarding) SE SE P—Permitted by right. CU—Conditional Use. SE—Special exception required CU CU Wearing apparel stores P P P Any other similar retail store or business enterprise permitted in the relevant transect, provided the proposed use is not specifically limited to a different Town Center transect or some other zoning district within the city and provided a conditional use special exception is approved by the city commission. Approved special exceptions conditional use may be conditioned upon a required development agreement at the discretion of the City Commission or as required by the City Code to address development terms and conditions related to the approved conditional use special exception use. SE CU SE CU SE CU SE CU TITLE 2018 Comprehensive Annual Financial Report SUMMARY The presentation of the Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2018 by the auditors McDirmit Davis & Company, LLC. The CAFR is prepared and presented to give the City Commission, citizens, and other users a greater understanding of the City’s financial standing. Our 2018 financial statements received an unqualified opinion (best possible) by the auditors. Additionally, the 2018 CAFR will be submitted to the Government Finance Officers Association (GFOA) for consideration for their Certificate of Achievement award as we believe it continues to conform to the program’s stringent requirements. The City's CAFR has previously been awarded the GFOA's Certificate of Achievement award for the past 17 years. RECOMMENDATION Staff recommends that the Commission accept the Comprehensive Annual Financial Report (CAFR) as presented for the Fiscal Year Ended September 30, 2018. REGULAR AGENDA ITEM 500 CITY COMMISSION AGENDA | MAY 13, 2019 | REGULAR MEETING MCDIRMIT DAVIS & COMPANY, LLC 934 N. MAGNOLIA AVENUE, SUITE 100 ORLANDO, FLORIDA 32803 T: 407-843-5406 │ F: 407-649-9339 │ WWW.MCDIRMITDAVIS.COM Page | 1 Honorable Mayor and City Commissioners City of Winter Springs, Florida We have audited the financial statements of City of Winter Springs as of and for the year ended September 30, 2018, and have issued our report thereon dated May 13, 2019. Professional standards require that we advise you of the following matters relating to our audit. Our Responsibility in Relation to the Financial Statement Audit As communicated in our engagement letter dated September 18, 2018, our responsibility, as described by professional standards, is to form and express an opinion(s) about whether the financial statements that have been prepared by management with your oversight are presented fairly, in all material respects, in conformity with accounting principles generally accepted in the United States of America. Our audit of the financial statements does not relieve you or management of your respective responsibilities. Our responsibility, as prescribed by professional standards, is to plan and perform our audit to obtain reasonable, rather than absolute, assurance about whether the financial statements are free of material misstatement. An audit of financial statements includes consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control over financial reporting. Accordingly, as part of our audit, we considered the internal control of City of Winter Springs solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. We are also responsible for communicating significant matters related to the audit that are, in our professional judgment, relevant to your responsibilities in overseeing the financial reporting process. However, we are not required to design procedures for the purpose of identifying other matters to communicate to you. Planned Scope and Timing of the Audit We conducted our audit consistent with the planned scope and timing we previously communicated to you. Compliance with All Ethics Requirements Regarding Independence The engagement team, others in our firm, as appropriate, our firm, have complied with all relevant ethical requirements regarding independence. Qualitative Aspects of the Entity’s Significant Accounting Practices Significant Accounting Policies Management has the responsibility to select and use appropriate accounting policies. A summary of significant accounting policies adopted by the City are described in Note 1 to the financial statements. As described in Note 1 to the financial statements, during the year, the City adopted Governmental Accounting Standards Board (GASB) Statement No. 75, Accounting and Financial Reporting for Postemployment Benefits Other than Pensions. Accordingly, the cumulative effect of the accounting change as of the beginning of the year has been reported in the Statement of Activities. No matters have come to our attention that would require us, under professional standards, to inform you about (1) the methods used to account for significant unusual transactions and (2) the effect of significant accounting policies in controversial or emerging areas for which there is a lack of authoritative guidance or consensus. Page | 2 Significant Accounting Estimates Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s current judgments. Those judgments are normally based on knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ markedly from management’s current judgments. The most sensitive accounting estimates affecting the financial statements are: Management’s estimate for the allowance for doubtful accounts is based on historical loss levels, and an analysis of the individual accounts. We evaluated the key factors and assumptions used to develop the allowance in determining that it is reasonable in relation to the financial statements taken as a whole. Management’s estimation for the allowance for depreciation is based on the estimated useful lives of the capital assets. We evaluated the reasonableness of the useful lives as well as the depreciation methods in determining that it is reasonable in relation to the financial statements taken as a whole. Management’s allocation of the net pension liability, deferred inflows/outflows and pension expense is based on the participating employees’ contributions made. We evaluated the reasonableness of the allocation methods in determining that it is reasonable in relation to the financial statements taken as a whole. Financial Statement Disclosures Certain financial statement disclosures involve significant judgment and are particularly sensitive because of their significance to financial statement users. The most sensitive disclosures affecting City of Winter Springs’s financial statements relate to the recording of investments at fair value. Significant Difficulties Encountered During the Audit We encountered no significant difficulties in dealing with management relating to the performance of the audit. Uncorrected and Corrected Misstatements For purposes of this communication, professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that we believe are trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements. In addition, none of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to the financial statements taken as a whole. Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter, which could be significant to City of Winter Springs’s financial statements or the auditor’s report. No such disagreements arose during the course of the audit. Representations Requested from Management We have requested certain written representations from management, which are included in the attached letter dated May 3, 2019. Management’s Consultations with Other Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters. Management informed us that, and to our knowledge, there were no consultations with other accountants regarding auditing and accounting matters. Page | 3 Other Significant Matters, Findings, or Issues In the normal course of our professional association with City of Winter Springs, we generally discuss a variety of matters, including the application of accounting principles and auditing standards, operating and regulatory conditions affecting the entity, and operational plans and strategies that may affect the risks of material misstatement. None of the matters discussed resulted in a condition to our retention as City of Winter Springs’s auditors. This report is intended solely for the use of management, the City Commission and the Auditor General of the State of Florida and is not intended to be and should not be used by anyone other than these specified parties. Very truly yours, Orlando, Florida May 3, 2019