Planning Commission - Regular Meeting

started. Please stand for the pledge. I pledge algiance to the flag of the United States of America and to the rep for it stands one nation under God indivisible with liberty and justice for all. Thank you madam secretary please conduct roll call. Chair Philip Lantry present. Vice chair Alexander present. Memberette present. Member John. Member Ruby Bridge present. Snider present. Mr. Chair, we have a quum. Thank you. All right. Uh, first order of business is approval of the minutes. Uh, has everybody had an opportunity to review the minutes from the last meeting? Is there any questions or comments? Would somebody like to entertain a motion? I'll make a motion to approve the minutes. Second. Okay, we have Dy uh Snider making a motion and Ruby seconding that motion. All in favor? I I. Motion passes. 5-0. All right. Our first action item for tonight is ordinance number 2025-04. This is for Edgewater West. And it appears that we have three ordinances that are all together. Should we read these in together? Yes. All right. So, this is we have an annexation ANX24-00005. We have ordinance number

2025-05 which is a comprehensive plan amendment CPA24-0000008 and we have ordinance number 2025-06 which is a zoning map amendment which is ZMA24-0000008. [Music] Mr. Chairman, if I could before the beginning of the agenda for the uh public here as well as a reminder to the commission. Um just a general comment that the commission is here uh as a advisory commission to make recommendations to the city council. They're not here tonight to answer questions, but they are here to take your feedback. If you wish to speak on any item this evening, please come to the podium, state your name and address clearly at the time that you're called and make your presentation. If you do wish to speak, if you haven't done so already, there is a form that our clerk has that you'll need to fill out either before or certainly after you've made your presentation because we need that for the file and for the public records. All right. Thank you very much. Thank you, Mr. Chairman. Thank you. Good evening. Ralph Keith, associate planner with community development. Tonight the case before you for a annexation comprehensive plan amendment and zoning map amendment for the project known as Edgewater West. The parcel is contiguous and and reasonably compact. It busts the city limits along the east, west, and south property boundaries. It has an existing county feature land use of mixed use and existing county zoning of mixed use. The applicant is proposing a future land use of mixeduse city and proposing a zoning of mixeduse city. The development is compatible with the surrounding area and will have no adverse impacts on city facilities. Here is a graphic representation of the parcels in question to be

annexed as well as a graphic representation of the future land use. as you can see is surrounded by future land use of mixed use in the county. And here is a graphic representation of the zoning hon or before March 25th, 2025. Staff recommended approval. Likewise is is requested that the planning commission also recommend approval of ordinance number 2025-04. Ordinance number 2025-05 and ordinance number 2025-06. Staff and the applicant are available for questions. Thank you. Uh is would the applicant like to come forward and speak on this? Thank you. Good evening. I'm Allison Jones with Dickinson Wright 1508 Highland Road in Winter Park. Um, I'm here on behalf of the applicant for all three items. We do agree with staff's recommendation and we would uh ask for your recommendation as well. I'm happy to answer any questions. Um, if members of the public wish to speak first, I'm happy to come back up and address any any issues, but thank you very much. Thank you so much. Did anybody in the uh commission have any questions for the applicant prior to public comment? No, no. Okay. At this time, we will allow for public comment. I do have uh one individual that submitted a form to make a public comment. Uh if you don't know already, you have to fill out this form here. If you'd like to make a public comment on any of the uh items for this evening,

uh the first person I have here is James Lamb. Would you like to speak? Please state your name and address for the record. Uh James Lamb and I live at 2860 Stage Coach Road which is adjacent to what's about to be annexed. Thank you. Uh my general comment is uh when the area that's adjacent to this uh I believe that after this occurs and you guys annex the property that's in question here, we're going to be surrounded on all four sides of the city. I understand that I'm not really supposed to ask questions here, but according to what I've been told in previous meetings, that means that we're up next to get annexed. If that occurs, when we bought our land out here, it was mixed agricultural. We live on 5 acre to 1acre tracks, uh, horses, cows, llamas, uh, we have livestock. And my question is, is there going to be some sort of grandfathering in of our residences that will allow us to keep our animals or whatever other businesses we have because I know that they are not allowed in city limits, even chickens and roosters and stuff. So, what's going to happen when this gets annexed and then we come up against city rules? as I can. It's fine to make your your comments and even to ask rhetorical questions, but the commission is not in a role to provide answers to those questions. They are here to take your feedback and any other public comment that wishes to be presented. There may be response from staff in some fashion andor the applicant, but that's not the role of the commission. They sit as an advisory body to take the feedback and

the information. Okay. But I guess consider that a rhetorical question then. And uh I guess that's about it. So, I appreciate your time. Thank you, Mr. Lamb. Um, I'm sure staff can answer your questions, but before they do that, do we have anybody else in the public that would like to speak on any either of these three ordinances 2025-056 or 07? I'm sorry, 0405 or 06 for Edgewater West. Okay. Um, could I have the city staff could you answer some? Okay. Are you answering it? Do they want to answer it? We're public in here in case others are interested. Yeah, I think some other people want to hear the answer, too. So, yeah. Hi, Melissa Duncan, director of community development. So typically if a property is surrounded on all sides of their property then they become an enclave and we will annex them as an enclave. Um typically if it's not an enclave until the property owner decides to develop the property it remains in the county unless there's some sort of trigger for for staff to um seek voluntary annexation. And uh regarding the agricultural uses, um the city has uh has um what's the word I'm looking for? Not um consistent when it when it transfers the the class classified lands equ Thank you. we have equivalent land use and zoning to the county and um they will be able to keep whatever existing uses they have until they make application to develop and I apologize I'm on cold medicine so my brain may lag

a little bit tonight. Thank you. Thank you. Hope you feel better. All right. All right. At this time, if we have no other members of the audience to speak on either of these three ordinances, we will close public comment. Um, do we have any comments among the commission members? No, I do have an ask of Oh, sorry. Go ahead, Russell. Just to be clear, if any any property is surrounded on four sides by the city, they can be involuntary involuntarily annexed at that time. So, we have a joint planning agreement with Ocola County. If a parcel or more than one parcel becomes an enclave through any development processes, we have an agreement with Ocola County that um technically requires us to annex them because it's a more efficient use of city services and county services. So, it doesn't make sense for the county to have to provide services to properties that is completely surrounded by city limits. Thank you. Thank you. Um I do have a question for city staff. Uh I don't know if it's in this presentation, but in the packet that we received, there was some Can we look at the 16 findings for um ordinance number 2025-04? Are you able to bring that up? Is that in the presentation? Uh it is not in the presentation. is not in the presentation. No. Okay. The for the annexation piece, it's essentially statutory in the fact that whether it meets whether it's proper under the statute contiguous and such. This is a voluntary annexation as well.

So, um if it meets the statutory definitions, then it's right to be presented uh as such. 16 findings are addressed, but they're more addressed in terms of the comprehensive plan, land use, if you will. on zoning annexation. There's a there's a there is a relevance to the 16 findings, but it's not ordinarily addressed in a bullet point fashion in the staff report on the annexation on the annexation piece usually. Yeah. What I was going to mention was uh on one of the 16 findings uh it mentioned uh something about that the basically the annexation or the um comprehensive plan amendment would not have any adverse effects on the area and I understand that this was approved in the county first and that it's part of the joint planning area and so that's why we're seeing this for annexation. Uh, but I want to say this for the record, uh, because I sat here three years ago and I said this was a bad idea to have all of this construction and building and housing going on in Edgewater because we have one entrance in and one entrance out. And so I just for the record, I just want to say that I think this is a bad idea. I think the county should have never approved these. And I understand that the city's just kind of taking over what the county already started. But if you've been in that area, it is exploding. I mean, literally exploding. I mean, we're talking thousands of houses with one way in and one way out across CM Park Road or Clay Willy as it's called now. So, do that with you. Do with that what you will, but um I just wanted to make that point before we vote on this. And do we have any other comments or discussion?

All right. Do I have a motion? Um, I would like to make a motion to recommend the approval of ordinance number 2025-04 based on the 16 findings within the land development code. Okay, we have a motion from Nette Douglas to approve ordinance number 2025-04. Do we have a second? I second. All right, we have a second from Dy Snyder. All in favor? I I. All opposed? Nay. Motion passes four to one. All right. Ordinance number 2025-05. Do I have a motion? Um, I would like to make a motion to recommend the approval of ordinance number 2025-05 based on the 16 findings within the land development code. All right, we have a motion from Miss Douglas. Do I have a second? I second the motion. Uh, that was Ruby, right? Yes. That you second. Okay, we have a second from Ruby. All in favor? I I I hear three. Uh, all opposed? No. And no for me as well. So motion passes 3 to two. Just to check, you voted yes on the previous one, correct? I voted yes on the annexation. Yes. Okay, just checking. Um, and then we have ordinance number 2025-06. Do I have a motion? Might as well keep going. Okay. Okay. I would like to make a motion to recommend the approval of ordinance number 2025-06 based on the 16 findings within the land uh development code. All right. We have a motion from Miss Douglas. I'll second the motion. All right. We have a second from Miss

Snder. All in favor? I I Sorry. I All right. All opposed? No. No. Motion passes 32. Mr. Chairman, I can also clarify and correct myself in so far as in that packet on page 21. Uh there is in fact part a part of your staff report that speaks to the 16 findings on the annexation piece. It's under page oh goodness I had it right here. I think it's page 21 of the case packet. So for going going forward on any annexations those are contained in your report. I don't recall those being in past reports, but they're there now. Okay. Thank you for clarifying. All right. Next order of business is ordinance number 2025-07. This is McKay Street. This is a comprehensive plan amendment CPA24-0000004. And we have a second ordinance from McKay Street as well. It's 2025-08. This is a zoning map amendment which is case number ZMA24-0000004. Good evening. Ralph Keith with Community Development. The project before you comprehensive plan amendment and zoning map amendment for the project known as MK Street. It is located within the city limits. It has existing future land use of commercial and existing zoning of NB neighborhood business. The applicant is proposing a future land use update to medium density residential and they are proposing a zoning of R3 multifamily dwelling. The development is compatible with the surrounding area and will have no adverse impacts on city

facilities. Here is a graphic representation of the location of the property. Here is a graphic representation of the zoning. As you can see to the south, it does a butt. Neighborhood business and highway business. On or before March 25th, 2025, staff recommends denial. Likewise, it is recommended that the planning commission also recommends the denial for ordinance number 2025-07 and ordinance number 2025-08. The applicant and staff are available for questions. Thank you. Do we have any initial questions for city staff? I just wanted to check my understanding. It says that they're submitting for adjustment to medium density. Yes. So, currently uh the parcel has a commercial feature land use. Okay. And then the request for medium density would be to support residential which would be a lower Thank you. And it's neighborhood commercial, correct? Yes. Or is neighborhood neighborhood business? Neighborhood business. So, they're trying to change it to from neighborhood business to medium density residential. Thank you. R3 commercial to medium density and then from neighborhood business to R3 multif family. Thank you. On the zoning. Yes, sir. I have a question. I guess it would I'm questioning what was the original I mean was it originally always zoned for commercial or was at some point that zoning changed? Uh as far as city staff

is aware it has been zoned for commercial. Okay. Because that area is already developed for the most part. Do you know where this is located? Yep. I know exactly where it is. Right behind the Gerber. Uh yeah. Yeah, the city uh or rather the staff reports that should be contained in your packet for both of these items with the responses to the 16 items as contained as well for for review as approval. All right. Do we have any other uh questions for the city staff? If not, do we have the applicant present? Yes. Would you like to come up? Good evening, commission members. Jeremy Kibler, KDA Engineering, 2017 13th Street, St. Cloud, Florida, 34769. Just to u better elaborate, the the subject property, this parcel and that you're reviewing here tonight was involuntarily annexed many years ago and assigned a future land use and zoning designation without the designation provided by an owner or a voluntary application. So it was involuntarily annexed and given that particular designation. Uh the intent is actually to combine this parcel with another parcel that's under the same ownership to the north that already has the same exact uh future land use and zoning designation that you're considering here tonight. So it would be combined and again that future land use and zoning designation already exists today is in place and would be combined for a unified development. Um, I would like to just state that it's our understanding that staff is recommending denial based upon a draft version of changes to the comprehensive plan. And again, that's draft at this point in

time. Hasn't been brought forward. Uh, city council has not approved it. So, we're simply asking for you to re make your review tonight, make your recommendation tonight based upon what's in place now based upon the current comprehensive plan, the current land development code, not something that's in draft format that may or may not even be approved in the future. Um, again, I'm here to answer any questions you may have and u respectfully request your recommendation of approval. Thank you. Do we have a map that shows the northern property that you were referencing that it would combine with? I I do. Yes, ma'am. Is it that pink one? The little small one that can city staff can you clarify is this the current uh land use or is this future land use that we're looking at here? So I don't know if you want me to you want me to go ahead and elaborate on on the map now. So basically what you're seeing right now is the combined parcel. So we combine the smaller piece to the north that you see entirety in blue that already has the requested future land use and zoning designation that we're requesting tonight for the southern piece. So, that's the total combined parcel. And as you can see, you've got the Mark uh mobile home park um pretty much directly to the east of this property. And again, you know, this was involuntarily annexed over a decade ago, almost two decades ago, and just giving a future land use and zeming designation without consent at that particular point

in time. also would like to just put back up uh the future land use map. It kind of really the request tonight would almost bring uniformity to the map if you will as it currently sits. Uh you'll see once I put this up that the this piece kind of juts up and it kind of sticks out based on what is already developed as commercial. This is an undeveloped parcel. The other ones are medium density. So, as you can see, this kind of kind of sticks out, if you will, uh to the north. And so, we're just kind of being bringing uniformity. The request tonight would make that designation yellow like everything else that you see around it. And happy to answer any other questions you may have. Thank you. Thank you. Just checking my understanding on the graphic. The piece in the blue is the one that's already No, ma'am. The piece in the blue is the request tonight. If you look directly to the north and a little bit to the northeast, the other rectangular piece would be combined. Okay, so it's a little bit smaller than this piece. I can get you the exact acreage here. It is 0.51 acres. So just over half an acre. The piece to the north of that that would be combined with this parcel, which is 1.15 acres. And and again, this is the current this is the current comprehensive plan that is adopted and effective today's date.

Did I clear everything up for you? I think so. Yes. Thank you. Okay. Do we have any other questions for the applicant before we open public comment? I guess I have a question. So this parcel in the comprehensive plan being considered, do any of the other residential medium density change or is it just that one parcel that becomes commercial? I'm sorry, could you repeat the question cuz it's already it's already commercial now. Okay. So So it's commercial now. So I guess my question is why just that parcel, not the other residentials that are surrounding it? It could have just been a matter of how it was annexed then. Okay. They have a question. So yes, for city if if this was approved or if this were to be approved by council, would they have to come back for any kind of design plans for any future building on that parcel? Yes. Any type of development they would need to submit application to be reviewed? Okay. Awesome. Sorry. I just want to clarify. They would have to come back to city staff, not to planning commission. Planning commission or city council? It depends. Um I'm not sure what the proposed development is. Maybe Mr. Kibler can tell us what the proposed development is. But if they don't do a subdivision plan, then they will never go back to planning or sorry to planning commission or city council. It'll go straight to staff. And just one more point of clarification, um we were not recommending denial because of the proposed future land use map that has

not been adopted yet. The reason why we recommended denial is because right now the city has a 0.5 to one um jobs per housing ratio, meaning we have half a job for every household. And um we don't want to further reduce the ability to create more jobs. So changing a land use from commercial to residential typically will um reduce our ability to increase our jobs to housing balance. So that's that's why we're recommending denial, but um obviously um we we will take your recommendation as as we receive it to city council. Thank you. Thank you. Uh Mr. Kibler, would you like to come up and answer one of the questions was what is what is the plan for the property? I thought I saw somewhere in the application that town homes was the consideration. Correct. Um yes, sir. It would be combined with the parcel to the north that we discussed uh would be fe simple residential town home. So the application would in fact um come back uh before city council before the planning commission because it would be a subdivision. U these are intended to be nice rear load u residential uh fe simple town homes and they would of course meet all of the residential architectural design standards in the L LDC the land development code as well. And I just wanted to elaborate a little bit more. You know, what was presented to us was that the there is a pending comprehensive plan amendment that would introduce a new a completely new future land use designation of employment which kind of correlates um I you know that's my perception. That's what we were told at the time. Um, I think it seems to kind of jive with with that intent and that was that's what staff's

intent maybe that could they can elaborate a little bit more but is creating a separate future land use designation of employment just for that specific purpose. Um, and again that that's still in draft format has not come before the council yet at this point in time and may or may not receive approval. Thank you. Thank you. All right. Uh, at this time we would like to allow for public comment. Do we have anyone in the audience that would like to speak on either ordinance number 2025-07 or 2025-08? Okay. This time we will close public comment and allow further discussion or any other questions from the commission. So just checking my understanding the area to the north is already town homes. This would join it and become town homes as well. No, no, no. The area to the north is the future land use designation is R3, but it's not necessarily town homes yet. No, it's not. But the property owner owns that current small parcel there. Thank you. H I just So it's zoned that way, but there's nothing there currently. Really? There's nothing there. It's available for neighborhood business. Uhhuh. Okay. And I know this isn't one of the 16 findings, but this my one of my concerns with town homes in this area is have you have you ever been down that street, McKay Street? I have actually.

Yeah. It's almost like a one lane Okay. road practically. It's very very narrow. And if you look at the packet that we have, um, one of the findings number two, the proposed change would create an isolated district unrelated to the adjacent and nearby districts. Uh, the response to that is although the proposed change would not create an isolated district, it contradicts with the goals and objectives of the city to increase and preserve existing commercial acreages as the population increases. So, that's what uh Miss Duncan was talking about. Yeah. Um about losing some of the commercial the properties that we have currently zoned for commercial or future land use as neighborhood business. In this case, that that is it's one acre. It's already owned by someone. Go ahead. [Music] Again, Jeremy Kibler, KDA Engineering. I mean, our our respectfully our response to that particular item is that essentially that's what you already have. You have an isolated district. You have, you know, we're basically trying to bring uniformity to what's already there. So, you would take what's there depicted in red and that would become yellow. And again, we would just as stated, we would combine that to a with a parcel to the north that already has the requested future land use and zoning designation as well. Thank you. While you're there, can you explain um so number seven uh in the 16 findings is the proposed change will adversely influence living conditions in

the neighborhood. Uh and the the response is no. The subject property has direct access and frontage on a minor street and the proposed change is expected to have a net reduction in trip generation compared to what is currently permitted. Yes. Yes sir. Can you explain that? I don't really understand what you mean by less or a net reduction in trip generation. Yes, sir. More than happy to do that. Very good question. So essentially what we're looking at is with the current future land use and zoning designation as it is today um something that I could build would be medical office and just for example medical office for that particular parcel would create PM peak hour trips uh in a quantity of 43. So that's 43 PM peak hour trips for a medical office facility. If I was to if you were to respectfully recommend approval for this request that moved forward and did receive approval, that same exact acreage for town homes would only generate six PMP peak hour trips. So that's that's a significant difference. 43 six. And just like you stated earlier, that roadway as it is right now, I I don't I see it more fit for residential development like it is today. Um not for commercial development, but hope um and you know, if they have any other qu specific questions related to the trip generation, happy to answer that as well. Yeah, I was just wondering uh how you came up with with number uh six for town homes. I I'm not sure how many you could fit exactly. I think it would be if the math for this parcel I think it was like something around 10 units. No, no sir. It's so it's not a one for one. So the PMP cover trips is not it's for town homes. If I'm using

the IT trip generation manual which is accepted nationwide uh 11th edition and so it's not a one for one. So, if I was to develop this particular property and receive the maximum density for that acreage, it would only create 6 PM peak hour trips. That's just trips. That's PM peak hour trips from 4 to 6:00 p.m. in the evening. That same medical office would have 43 trips. That's not, you know, that's not even considering if it was retail or something else with a higher volumes. And roughly how many town homes would fit in that parcel? So just that parcel, the maximum density for that for the parcel being requested tonight would be 11. That's the max. But the hope is that it's going to get combined with one of the one that's already under that zoning, thus there'd be additional. Correct. Yes, ma'am. So if it was combined with the parcel to the north, then it would be a max of 16. So it would just increase by five 16 and still even I have that number for you as well. So not even if we combine both parcels you're looking at 9 PM peak hour trips for the combined parcels together as a town home development. And if I'm still only looking at the same smaller acres, one acre, you're you're still at 43, which would be again higher than that if that if the other acreage was combined. reverted to commercial. Thank you. All right. So, we have the staff is recommending denial uh based on several findings of the land development code. Out of the 16, I think there was nine of them that they um objected to.

They objected to based on they want to stay commercial property instead of residential property. So we maintain commercial acreage. It's contained in your report. The items were identified as items 124 567 12 15 and 16. Yes, that's what I have in your packet. So, at this time, we if if we have a motion, it would either be for uh a motion to approve or a motion to deny. Uh and the mo motion to deny would align with uh city staff's recommendation. These are just recommendations to city council. So that's all you're looking for is a motion uh with regard to the request by applicant to either move to approve and or move to deny based on the land development code and the presentation this evening. I'd like to make a motion to recommend denial of ordinance number 202507 based on the 16 findings within the land development code. Okay. We have a motion from Miss Snder. Do we have a second? I second the motion. All right. We have a second from Miss Bridgefor. All in agreeance or in favor of denial of ordinance number 2025-07? I I I Russell. No. No. Okay. Okay. Just for clarification that the eyes if you'd raise your hands. The in favor of the motion was raise your hand. Four to one. So Mr. Alexander was voting nay. Okay. passes 4 to1. Motion to deny. Recommend the motion for denial passes. Yes. Now we have ordinance number

2025-08. Do we have a motion for that one? I'd like to make a motion to recommend denial of ordinance number 25-08. No, sorry. 2025-08 based on the 16 findings within the land development code. Okay. Okay, we have a motion from Miss Snder. Do we have a second? I'll second. We have a second for Miss Douglas. All in favor of denial of ordinance number 2025-08? I I I I No. All right. Motion passes 4 to one for denial of ordinance number 2025-08. Next is ordinance number 2025-38. This is Primrose Schools St. Cloud. And we have two others. So this this one is an voluntary annexation and the case number is ANX24-000012. Second ordinance is ordinance number 2025-39 comprehensive plan amendment number CPA24-000016. And the third one is ordinance number 2025-40 which is a zoning map amendment ZMA24-000016. Good evening commissioners. Bernice Gonzalez principal planner with community development standing in for Chaiu principal planner in community development. The request before you tonight is for the annexation, the comprehensive plan amendment to change the future land use from low density residential county to commercial city future land use and a zoning map amendment from USM urban

settlement manufactured product in the county to highway business in the city. Regarding the annexation, the property is contiguous and reasonably compact, meeting the requirements in Florida statutes. It's adjacent to the city limits and located within the joint planning area boundary. The existing flu future land uses low density residential in the county and urban settlement manufactured product zoning district within the county. The applicant is proposing to change the future land use to commercial within the city future land use designations and a highway business zoning district within the city zoning district's designations. The development has been found compatible with the surrounding area and would have no in adverse impacts to city facilities. Here is a graphic representation of the future land use as it's currently in the county and the surrounding city future land use. Same for the depiction of the zoning district showing the zoning districts in the county and the adjacent zoning districts within the city. Hon or before the 31st of March 2025, staff found the applications accepted and recommended approval and at this it's requesting from the planning commission tonight approval of the annexation future land use change and zoning designation change for ordinance 2025-38, ordinance 2025-39

and ordinance 2025-40. The applicant and staff are available here for questions. Thank you. Thank you. Is the applicant present? Would you like to speak? Yes. Thank you. Good evening. Michael Panel, Stonefield Engineering, 400 North Ashley Drive, Sweet 1950, Tampa, Florida. We're the agent for the application. Uh we are in agreement with staff's recommendation and we ask that you also provide the same recommendation to council and we're here for any questions that you may have or that or that the public may have as well. Thank you. Do we have any questions for the applicant? Okay, we don't have any questions at this time. We will open up public comment for this. Would anyone in the audience like to speak on any of these three ordinances 2025-3839 or 40? Okay, we will close public comment then. Any other discussion or questions, comments among the commissioners? Nope. All right. For ordinance number 2025-08, do we have a motion? 38, isn't it? 38. Oh, I'm sorry. 2020. I was looking at the one right above it. 20 ordinance number 2025-38 which is the voluntary

annexation. I would like to make a motion to recommend approval of ordinance number 2025-38 based on the 16 findings within the land development code. Okay, we have a motion, Miss Bridgeport. Do we have a second? I'll second. All right, we have a second from Russell. Uh, all in favor of approval of ordinance number 2025-38. I I I I Motion passes 50. All right. Ordinance number 2025-39. This is the comprehensive plan amendment. Do I have a motion? I would like to make a motion to recommend approval of ordinance number 202539 based on the 16 findings within the land development code. All right, we have a motion recommending approval from Miss Snder. Do I have a second? A second. All right, we have a second. All in favor? I I I. Motion passes 5. And now we have ordinance number 2025-40. Do we have a motion for that one? I'll make the motion to recommend approval of ordinance number 2025 uh 40 based on the 16 findings within the land development code. Second. All right. We have a motion to recommend approval from Miss Snder and a second from Mr. Alexander. All in favor? I I I. Motion passes 50. All right. Next is ordinance number

2025-41. This is for Palm Properties and the first one is a comprehensive plan amendment. And we also have a I think it's a zoning map amendment uh which I'm going to go ahead and read in the first one for 2025-41 comprehensive plan amendment is case number CPA24-000010. And for the second ordinance number 2025-42. It's a zoning map amendment case number ZMA24-000000009. Good evening. Ralph Keith, associate planner with community development. The case before you tonight is for a comprehensive plan amendment and zoning map amendment for the project known as Palm Properties. Currently it has an existing county future land use of lowdensity residential and existing county zoning of AC agricultural. They are proposing a future land use of medium density residential and proposing a zoning of R2 single family dwelling. It's compatible with the surrounding area and will have no adverse impacts on city facilities. Here is a lo a graphic representation of the location of the property. And here is a representation of the future land use as well as the zoning for the property. Honor before March 25th, 2025. Staff recommends approval. Likewise, it is requested the planning commission also recommends approval for ordinance number 2025-41 and ordinance number 2025-42. Staff is available for questions. I have a question. Is this uh

I believe this is um adjacent to another parcel that uh was voted on in the February meeting. Is that correct? Yes, it is adjacent to the Nona Town Homes project that was just heard. And then also this par parcel was annexed earlier this year into the city. So we're assigning the future languages. All right. Thanks for clarifying. Anybody else have any questions for city staff? Okay. Is the applicant present? Would you like to speak? Matthew 4732 Red Pine Way Chapel. Uh we don't have any uh anything to say much but uh be any questions I can try to answer anything. All right. Thank you so much. Do we have any questions for the applicant? No. No. Okay. At this time we will allow for public comment. Would anybody in the audience like to speak on ordinance number 2025-41 or 42? All right, we have nobody that wants to speak, so we will close public comment at this time. Any other discussion that we would like to have? Can we look at the uh future land use again for this for the city? Okay. So, uh the future land use is low density residential and so

we're the applicant is asking to amend that to medium density city. Yes. Correct. Yes. Yes. That's correct. So right now the uh one side of the properties is the medium densities. Correct. Right. And then also the properties to the south were also just approved for a higher density as well. So it will suit the area. Didn't you say this was already annexed? Yes. Right. Why why is it changing from low density county then? Wouldn't it be changing from whatever designation designation is it it is in the city right usually it is the common practice to follow the classification uh they are requesting to I believe build duplexes which would require the change to medium density yeah but at the same time that would also be in conformity with the area but this but at this time the annexation is taking place but there has yet to be uh a comprehensive plan amendment to the to the land use. That's what that's what correct that's why it's before you because Okay. So, this is just stating what it was in the county before it was annexed. Yeah. Yes. Okay. Yeah. Just wanted to clarify and the zoning the same. They're they're they're bringing this for land use and zoning changes since the annexation has taken place. So, that's what that's how this is before you. Yeah. All right. Thank you. Anybody else have any questions? Okay. Um, would anyone like to entertain a motion on ordinance number 2025-41? Um, I would like to make a motion to recommend the approval of ordinance number 2025-41 based on the 16 findings within

the land development code. All right, we have a motion for approval from Miss Douglas. Do we have a second? I'll second. All right, we have a second from Miss Snyder. All in favor of approval. I I Motion passes 5 4 Z no Oh, I'm sorry. Motion passes 41. Uh we have Mr. Alexander is no. Uh okay. Next one is ordinance number 2025-42. We have a motion for that one for appro uh to recommend either approval or denial. I would like to make a motion to recommend the approval of ordinance number 2025-42 based on the 16 findings within the land development go. All right. We have a recommendation for approval from Miss Douglas. Do we have a second? Second. Uh was that Miss Bridge? Yes. All right. Thank you. All right. We have a motion and a second. All in favor of approval? I I All opposed? No. All right. Motion passes 4 to one. Next we have ordinance number. Sorry, I lost my place here. Okay. Agenda item K. Yeah. Agenda item K. Yes, sir. Ordinance number 2025- 28. Yes, sir. Uh this is encumbrance annexations for zones one, two, and four. [Music] Good evening. Melissa Duncan, director of community development. This case before you tonight is for the incumbrance annexations for zones 1, 2, and four. The properties are located within the joint planning boundary area of the um of the um sorry of the city's joint planning area with the county and are

contiguous to the city limits and are reasonably compact. The notices of incumbrances are uh a covenant that are recorded in the public records of Ocola County and remains connected to the property in perpetuity. Um the notices of incumbrances are signed when the city of St. Cloud provides portable water and or sanitary sewer services to a property in the unincorporated area of Ocola County but within the joint planning area of our um city ultimate city limits. And so essentially, even though um Toho Water Authority now maintains the city's uh water and sewer uh services, um the the city still owns it. And so prior to the applicant getting a development service agreement with Toho Water Authority, they still have to sign an encumbrance agreement. But in the cases of these properties, um they the encumbrances were signed when the city was still maintaining its own water and sewer services. And um once the property is encumbered, it allows the city to process a voluntary annexation to bring the property into our city limits and the encumbrance continues to be valid even when the property is sold or transferred. Some of the benefits of annexing into the city is the higher quality of service, local government accountability, local representation, and local decision-making in a businessfriendly environment. Staff held two community openhouse meetings on Wednesday, March 5th of 2025 and Thursday, March 6th of 2025.

staff is um recommending approval of the encumbrance annexations as this is a city initiated project. Likewise, we are requesting that planning commission recommend approval of ordinance number 2025-28 and staff is now available for any questions. Mr. Chairman, if I could make us just a quick some quick comments to the commission. Um again on this uh working with city attorney Dan Menzeres, the matter is properly before you here tonight. Uh this is a recommended advisory uh action. This is not final action. The final action will come from the city council at a later date later this spring or summer. And so this is properly before you here tonight, properly noticed and so forth with with regard to that. And uh and the incumbrance piece uh runs with the land. When uh when the when that agreement is reached between the property owner at the time that the uh that the agreement to receive water and sewer is uh is reached. Uh the incumbrance is recorded and acts as constructive notice to future owners of the subject property. It runs with the land. It track it tracks the land. It doesn't track the owner. Okay, for simplistic description, um, biggest comment is, uh, take all the public comment that you possibly would like to tonight, but you're not here to answer any questions. All right? So, uh, but take all the feedback you care to take and ask any questions of, uh, of the applicant that you wish to ask andor, um, your attorney, me. Thank you. Thank you, sir. Um, before we open public comment or well, first of all, does anybody have any questions or comments for city staff? I've got a I've got a question. We asked

this last time this came up. How are So, when when a piece of property is bought that has an incumbrance, are the property owners notified at that time when they buy the property that there's an encumbrance on the property? Um, I'll let the attorney answer that question. When you buy a piece of property, obviously everyone's different, but you're on constructive notice as to what is affecting the land you're buying, whether you get a title opinion, you do your own uh research or diligence, but those are incumbrances that are public record. They're recorded on the public records. And so, you take subject to the covenants that run with those lands. So, you're you may or may not be on actual notice if you haven't gotten the proper uh title opinion or didn't finance the purchase. Maybe you did it with a cash buy or something where you might not have looked terribly closely, but by those incumbences being recorded, future uh subsequent property ownership is on constructive notice for what runs with the land. So in a perfect world, the title the title company would have notified the buyer that there was an incumbrance. It could be it could be those you know title opinions are are commonly purchased for those types of issues. many and and and financing is many times not issued if there's a title problem that can't be corrected. Uh and so those are those are all common uh types of issues that a prospective buyer encounters when considering to make a purchase. But the encumbrance is uh properly uh recorded its constructive notice to any future owner and they take subject to it. Thank you. The only thing I I would make as a comment is because I've seen some some some discussion uh on these types of issues is that this is not a transfer of ownership on these properties. This is this is is moving in ter owns the property. They own it but it's it's moving from county to city if

the annexation takes place. that's that's what changes but ownership to the particular owner has not changed. So that's that's important to keep in mind. This doesn't affect title, but it just affects the property itself as to whether it's within county or city limits. Thank you. I have a question real quick. Uh so we will be voting tonight on uh whether to recommend approval or denial for the annexations in zones one, two, and four. on the slides. Was everything on there or was was there a little bit more on the map that we received? I think there was It looks like on the presentation that the small piece of zone three was not is not on the photo up there. So, it is um contiguous to the Edgewater West annexation um that we uh pro that we you heard earlier tonight. Understood. I just wanted to make sure I wasn't missing anything. Nope. Okay. Thank you. All right. Do we have any other questions for city staff before we open public comment? All right. At this time, we will open public comment. And I have two individuals that have already submitted a form to speak. And this is a reminder that if you would like to speak on this ordinance, please fill out one of these forms. Uh, the first one I have is, and forgive me if I mispronounce your name, Greg. Uh, Picus. Is that correct? I'm sorry. I'm sorry. How do you pronounce that? Usually only uh correct 50% of the time. Okay. So, that I don't feel so bad. Please everyone make sure to state your name and your address clearly for our

record when you make your presentation. Thank you sir. My name is Greg Pyus. Um my address is 2660 Red Bush uh Terrace uh of course St. Cloud. Uh I'm in the um uh Twin Lakes uh 55 plus community and I I'm sorry. Can you get the mic a little closer to you? Your tall mic. Um, I'm in the 55 plus community over there and uh um I've been trying to uh connect with the city many times, talked to a lot of people here about because I want to build a pool in my backyard and uh uh I'm concerned about this because this was blindsided me and and uh I will speak to that later how I was blindsided but the Um this whole annexation is uh uh I'm not comfortable with uh and uh uh first of all uh I've looked for documentation through the city on this uh uh smooth transition and the process involved going from Oscola County and uh to the city and uh there's nothing documented. I talked to the project manager and there there's nothing documented. So, I'd like to I talked to Elskola County uh director over there and he says there should be something in writing by now. I mean, was three weeks away. You guys are going to vote on this uh at the uh city meeting and or town city meeting and I don't see anything documented on how this is going to work out these uh setbacks for the pool and they're different between the county and and the city. So, that I was going to try to hurry up and try to get my pool built beforehand. I have not seen any documentation. Uh, I can't get any

answers, so I thought I'd come here and I'm not going to ask questions. Yeah, but I I'd like to have somebody uh help me uh on that and give me a name of somebody to get me that documentation so I can see how this process is going to play out, what setbacks are because there's things like where the placement of the pool equipment. It's got to be in the backyard. I've been told by pool contractors and uh it causes a lot of headaches for me and a lot of adverse things. I can't put the pool equipment in the backyard because of the uh uh I got windows open and they should be on the side and that I've got to write variances etc etc. It's just a big headache for me. So I was I needed some help with that. I talked to the building manager and uh the project manager I've called many times. I don't get any responses from anybody. So can somebody help me today? Anybody? And the next thing is I can't get um I get conflicting uh stories on effectivity date when this is going to happen and I went to the orientation everything is you know conflicting I can't get a direct answer I'd like to get that question answered if somebody can tell me I've been told uh next week when they uh or three weeks from now when they vote that's going to be effective date and I've been told at the orientation meeting you know uh at the end of the year January 1st. Another thing is I want to speak for everybody in my community 55 plus community they they are not happy with this. This is going to have adverse reaction on a lot of people uh senior community on fixed incomes that can't uh uh going to struggle with the financial difficulties. This did not add this is not going to add value to us. It is not

a value uh uh benefit to us at all. We're fine the way we are right now. I'd like to have this uh recommendation not to approve this or delay it some way. And that's all I have. Thank you for your time. Thank you. Uh I would I would like to um ask if the city staff could um could you answer his questions about the setbacks specifically? And I don't know if you know anything about when it would take effect if it were approved. You may or may not. Yes, I can answer. Maybe address the setbacks first. Sure. Yeah. So, regarding the setbacks, um once the property is annexed, we have up to a year to assign the um city's land use and zoning. So, um in the meantime, until the land use and zoning is assigned, we will honor the county's land use and zoning. And so, whatever they're allowed to do in the county right now is what they will be able to do in the city. So whatever the setbacks the county requires for that pool, we will require the same setbacks for up to a year. You said correct. Is this is similar to uh the comment earlier about chickens and that sort of thing. It's it's similar. It's it's similar in that except except that one probably doesn't have an expiration date like this. This one is more right. Right. Related to the zoning ordinance and what's required. Right. Correct. Correct. And then regarding the effective date. So once so first of all the this item is scheduled for the May 7th um city council meeting. So on May 7th when city council makes their final decision. If they approve it then it'll be effective um that evening. Um, I think where the confusion is coming in is that it won't hit the city's tax roles until the beginning of of the year

and there is a tax differential between the county and yes question. Yes, ma'am. Just for um my clarification, um you said if when city council if they approve it May 7th, what is exactly this g what would it be this gentleman's effective date, would he still have to the end of the year or does it is is that effective immediately? So, he he their property will be located in city limits um effective immediately except I believe there's a 30-day appeal period. Um but um so long as there's no um appeals that delay it, then it it's effective immediately, meaning that they're in city limits right away. But actually hitting the city's tax roles will not be until the beginning of the year. of 2020. 266, correct? Okay. So, he would still have time to finish his pool before the end of the year. It's a whole year. It's a It's a as Miss Duncan stated, it's a year. If once the annexation were to be finalized and the property becomes city property, the city would honor what's currently in the county with regard to setbacks and such for a calendar year for a calendar year. Okay. Up to We could do it quicker. Um up to up to a calendar year. Essentially, they would come to the city to apply for those permits rather than going to the county, but the city would honor the setbacks of the county. So, we would not change that without proper notice and bringing it back to a public hearing. Okay. Thank you. You're welcome. I have a a question about the workshops. Um I'm just curious, were the um property appraiser or tax collector's offices, were they involved in those at

all? They did not attend those meetings. No. Okay. The reason I was asking is because maybe they could have provided more insight on the tax issue. Right. So what we did at those meetings is we had our um finance department and um staff work with the property appraisers uh data and we did give uh out projected increases or um I don't I don't know if anyone decreased but we gave them projected or estimated um taxes and then we told them to contact the property appraisers office for the true number. But we did um give estimates. Okay. Thank you. All right. I have next on this item um uh it's very difficult to read. Uh or good evening everybody. Escondar. Is that Escondar? Okay, at least I got the last name correct. Yeah, I mean my handwriting is horrible, so that's a given. So, um I want to oppose this. Just your name and address. I'm sorry. Yeah. Name is Isho Escondar, 2087 Berante Drive, St. Cloud, 34771, Soliv Vista Community. The lucky man that was voted president of the HOA. So, here I am. So, uh, this voluntary annexation, um, had a notice of incumbrance signed, uh, in January 2015, um, by the purchasing property owners at that time. Now, these guys are developers. When they purchased it, uh, documents are

notorized beautifully. Give them credit for that. However, when the plans are approved and Mr. Morrison said that uh these encumbrances are placed on the land, I have a how are they tied to the land when it comes to the uh recordkeeping of the city and the county? U what do they put her under? Is it a parcel ID, a lot number? Is there anything like that? It's part it's part of the public records on the property but u again the commission is here to hear your comments but yeah yeah know I was just curious for myself right you know for that part it's an income it's recorded and made part of the covenants that run with the land okay okay yep um and just like the gentleman 55 and over community I am uh I am on the outer end in Soliv Vista if you if you can bring up that map again you'll see that little box on the top Right. That's our community. We are literally um It's on 192, right? 192. Yeah. Top right. Yep. We're east of all farmland from us all the way up until you hit Harmony. Uh the only thing is to the left we have uh Live Oak Lake who's I believe is in the city limits. But as you can see behind us, not in the city limits. To the right of us, not in the city limits. in front of us. You know, we're we're kind of on the edge. And again, a lot of us, you know, we we bought the property based on the tax uh that we had to pay for the year as well as being so far out that, you know, not being bothered. But again, my question is is not that can the city do it or not do it. Obviously, we're here because the city is doing it. But is it right is my

question, right? um you have somebody making a decision for 120 owners 10 years before those owners purchased those properties. We're in 2025. Our last property was sold I think in 2023. So 8 years, right? that I'm sorry about the time, but I think it's I don't want to say unethical, but it it's not right to make have one person make a decision when you have 120 houses there. And you know, looking at the documentation, I did find a few mishaps. And I'm no lawyer, so believe me, I'm just reading through and catching some things. So, I I would like to bring that to the Yes, I I would suggest that you do that council meeting council meeting on the 7th. Yeah. But, you know, I know we have the days and showing, but to get an $1,800 bill increase within 3 years of moving to a a new a new place because you wanted to pay less in taxes, you wanted to have a better life with your family is a big hit. Not and and I work, right? If you if you're on a fixed income, that's a lot of money. We do understand. I'm sorry I have to cut you off because No, no problem. Time we have other people that do need to Yeah. But, you know, if if we can't explain how that can happen, and I know it's on the land, but you know, it's just when something's right, it's right. When something's wrong, it's wrong. And that little section on the top right, not just cuz it's me, it just doesn't look right. It's out. It's off. Understood. Yep. Thank you, Dyson. And before I call the next person, I just want to comment and say that we as a commission, we we have discussed this matter in previous meetings and we we knew that these

incumbrance annexations were going to be controversial, let's say. Um, and so I did urge the city at that time, I don't know, maybe it was a year or so ago, to make sure that they reach out to people, inform people, and I think the city is working on doing that. You know, they they did hold some workshops. Um, I understand that people are still going to be upset, but uh, just want to mention that we're here to listen to everybody. uh we can't really make a decision based on I mean we can't really provide you any information on you know how it's going to happen that's going to have to go to the city council meeting but I do urge everybody uh to attend the city council meeting on the 7th thank you thank you all right so next I have Steve I believe it's Steve Moore please state your name and address for For the record when you get there, Steve Moore, 2320 Emperor Drive, CMI, Florida, 34744. I had a sort of a question and then he can the attorney can figure that out. He said when the water in the sewer to our community is taken over by the city of St. Cloud, then we are can be annexed in. We had our own water source and we have our own septics in our community. All of a sudden, one year, St. Cloud Water decided that they wanted to tap into our community and go ahead and suck the water dry from our pumps to feed the city of St. Cloud. So, some of the idea that he's saying water and sewer, we only have water. We do not have sewer. So, I don't know clarification in there. The second thing

is where we're located is right on Neptune Road. Our closest fire station is on uh Cross Prairie Parkway. At the present time, if we get annexed in without the new fire station, the fire department has to come all the way from the city of St. Cloud all the way to where we are near Parton Settlement Road. That's a long distance for an emergency call for a heart attack or something like that where we have a half a mile down the road we have a county fire department already there which I don't understand either why we're going this route. The other thing is we have 60 homes in our community. On one side it's already the city of St. Cloud. On the other side it's already the county. We're just stuck in this little chamber there and they want to take over us and we're happy the way we were. Again, we're going to have our taxes increased by nearly $900 per home, which isn't a big thing because we're working people in that community. We're not retired, but I just don't think it's fair. All these different things are coming up. And then they're going to annex across the street from us just about five or six houses also which use our same facilities that we have at our location. So I just think you might want to think about basically the first thing was the water source and that it's part of us. It wasn't part of St. Cloud until they took our water source away and tapped into us. Now they're putting a brand new water system up and down 19 up and down Neptune Road, which is a disaster. If you ever going down Neptune Road, you know what I'm talking about. And uh that's basically it. Thank you. All right. Thank you. Would anybody from the city like to address his concerns about the fire and police the interlocal agreement?

Would you like to me just mention that? Sure. Yeah. I'm I'm not an expert in that um field. I'm I'm not in public safety. However, um I do understand that there is a mutual agree mutual aid agreement with Oyola County, so they may or may not already be serving that area. But um a point of clarification, the city is um putting a fire station into Hokqua. So that will be the um closest fire station and that's already approved and and construction plans um have already been approved for that as well. And then as far as his questions or concerns about their water and that sort of thing, I think that's something Toho or it was probably city of St. Cloud Utilities at the time. So I I don't know who would be the correct person most likely to answer that. Yeah, it it would not be me. Um but um from what I do know um it can be water alone. It doesn't have to be water and sewer. It could be water or sewer. And then um another point, the the properties across the street um that we are annexing um the blank spaces in between or what appear to be blank spaces in between. They are now enclaves. So you'll see in the next couple of meetings um you'll you'll see us bring enclave annexations back to you as well to fill in those gaps. All right. Thank you for letting us know. All right, next we have Adam Bailey. Adam Bailey, 2369 Kings Crest Road, Cassumi, Florida 34744. This gentleman back here hit it on the on the head. Um, number one safety fire station. Our closest fire station right

now is 1.9 miles away. The one in uh St. cloud off of Old Canoe is 4.8 miles. That's a big safety factor, especially during school time. Have you ever tried to get up and down Neptune Road during uh school time? That's horrible, right? Anybody here can agree with that, right? Um the nice thing you were talking about title company over here. Yes, they're supposed to check for incumbrances and whatnot when they sell a house, bring a new house on. My wife works for title. I've helped her out a lot. But the problem is it's not always written in plain language. I'll guarantee you here all these people, if not everybody else in the communities, they didn't had no idea about the incumbrance on it because it was not written in clear language. It was not put out by the tile company or anything else. Uh all of our taxes on average are going to go up by more than $1,000. We're all hardworking people. I have eight kids. Me and my wife both work full-time. I'm retired Navy also, 24 years. We're just barely being able to feed our kids, survive. We can't afford the extra money. Uh we've got other people here who are retired. They can't afford that extra money. Um so, you know, I'm against this. Everybody else here is against it. Um I know I went to the meetings and whatnot that they put out uh before um and I asked them, "What are the benefits?" Well, you have quicker response time, but you won't from the fire department because there's not even one built there. You won't from police. I've talked to St. Cloud Police Department. They said they have 120 people on staff. 120 people for a growing city. I mean, I can get the sheriff's department there in 10 minutes. You can't even get them to respond here in the city of St. Cloud down Kentucky Avenue or Wisconsin Avenue in 30 minutes. You know, there's no uh better response time. I don't I don't know what benefits we get out of this.

None of us do. They keep coming up with things, but there's nothing to benefit us. So, um you know, I hope you guys take that in consideration. I'll be at the council meeting. Uh and I'm sure we'll all express our opinions again and I hope you all veto this. Thank you. Thank you for your comments. [Applause] All right. Next we have Grace Palison. Am I saying that correctly? Hello, my name is Grace Patterson and I live at 1401 Westminster Way, Kings Crest Development. That's 34744. I'm here because I know that my neighbors are on the verge of collapse. I believe this project may be devastating to my neighbors and myself, not to myself as much as my neighbors. They're barely making it. And I think your project is untimely, especially in the light of our government and tariffs and things like that. We know everything's going up and also not just the taxes are going up. Once we are in the city, our insurance, all of it, car insurance, all of the insuranceances will go up. So, I really feel you should delay this. Thank you. Thank you, ma'am. All right. Next, we have Richard Arao. Please state your name and address for the record. Yes, my name is Richard Olio. I live at

2338 Kingsrest Road in CMI. Uh in the King's Crest subdivision, of course, my wife, my family, we've been there for 34 years. Uh we have haven't heard anybody complain about anything in that time. Our garbage gets picked up, our recycles, our yard waste, we have water, we have electric. People take care of their yards. It's nice for the most part quiet, unless somebody has a party, which we all do. Uh, as the saying goes, if it ain't broke, don't fix it. We do not need changes. Everything is fine the way it is. And I agree with the people that have come up here and spoke. Same thing. I'm with them. Thank you. Thank you, sir. [Applause] Okay. Next, we have Richard Watson. Oh, I'm sorry. Is it Ricardo? Ricardo. It's fine. It's fine. Same thing. Uh, good evening. And uh I'm Ricardo Watson, 2371 Kings Rest Road. I'm in zone one uh area. Um so I just want to make it for the record that this is uh under judicial review. Uh an injunctive uh complaint for injunctive relief has been filed with uh the county court. Um and mainly my neighbors, they all hit it on the head uh like my neighbors said here. But um I do have other questions too. Um, how is the city justifying annexation under ordinance 2528 without obtain obtaining direct consent from current homeowners as contemplated by the Florida statutes 171? The subsection 171.044. That was one of my questions.

Uh, I also have why aren't why weren't affected property owners made aware of annexation agreement during purchase of their homes? Was this omission communicated to title companies or the county? Uh in in regards to Toho Water and the utility hookup, it's been stated that the homeowners agree to annexation in exchange for water services at that time. And can the city produce written documentation or sign agreements proving this from individual residents? Uh let's see here. And uh will the commission consider tableabling or pausing ordinance 2520 until the courts rule on the legal and equitable challenges currently filed by affected homeowners? So we did do uh also with that injunctive uh the complaint for injunctive relief. There is a petition within there from my uh fellow neighbors that uh we are opposed to the annexation. I also sent a uh formal objection uh through the city clerk's office which I thought you guys would have been provided with and also the uh the a copy of that injunctive relief as well. Uh do you guys have that on hand by any chance? Mr. Chairman, I can I can respond to the extent that the city is aware that uh a suit was filed seeking an I can't hear you. The city is a Can you hear me now? The city is aware that a complaint for injunctive relief was filed. No injunction has been entered. The matter has has not been uh heard or ruled upon by any court with regard to the the question about notification. Again, as we discussed at the outset of the case, this by way of the notice of incumbrance, that's what triggers the notice, the constructive notice for any current homeowner. and and that's the notice I think that's being sought for more clarification from some of the attendees and commenters here this evening. Uh but the city will address uh

obviously in due course the legal rights with regard to the injunctive complaint and relief sought in the injunction but there is no injunction in place. the lawsuit was filed and to my knowledge it's not yet been served under rules of civil procedure although whether the city agrees to accept service irrespective of that I can't say not authorized speak on that that'll be something worked out between city council city attorney city manager but that's as far as I can speak to that to that action so he's aware of it I don't believe it's in your packet as my understanding the city uh someone hand delivered to a city uh worker uh a copy of the suit within the last few days uh either late last week or early this week is my knowledge of it. Okay. Thank you. All right. And uh just one more thing um on the notice of incumbrance. Can the commission clarify whether a notice to preserve was ever recorded by the city to maintain the n or whatever year it was 1988 through 1992 incumbrance as required under chapter 712 of the Florida statute. That's the uh marketable record titles act. So there has to be a notice to preserve uh the intent of that agreement to make it perpetual. And that's what we also want to know is that is there a notice to preserve that uh document? Yeah. So, um if any questions from you guys uh I'm clear. Thank you. All right. Let me respond just to the [Applause] commission understand then comment the respond to the gentleman's comments. We've looked at the matter, the cases properly before you here this evening for making whatever recommendation you wish to make with regard to this issue. There's nothing preventing the commission here tonight, whether from

from a notice standpoint or from other legal provisions, from hearing this application and making the proper recommendation as you see fit to the city council for final action at a future date. There are no procedural obstacles in your way this evening. Thank you. I just want to make some general comments real quick that um you know I know that it because we can't really respond to your comments or your questions. It seems like it's kind of an echo chamber, but I do want to mention that our five council members do watch this meeting. So they are they will watch this. They will see what you're saying and so it's you're not just speaking in an echo chamber. All right. Uh next we have William Fiser. William Fischer, 2373 King's Crest Road, CMI. Could you change the other screen, please? Nope, not that one. Keep going. One that says voluntary. I' I'd like to voluntary. That doesn't seem very voluntary to me. You know, I've been here since the 70s. Used to be the canal was the dividing part between CMI and St. Cloud. Obviously, that's not the same case anymore. Um, you know, where does it stop? you know, this incumbrance or the uh um contiguous properties, where does it stop? Are you I mean, where where does it end? It's it's unbelievable what you guys are trying to do. Um all these people here are in my same subdivision and we are not happy at all with this

scenario. Not at all. Thank you. Thank you. All right. Next, we have um I think it's Gary Kreps. Is that correct? You're welcome. There's only one E. So, yeah. And two P, so I assumed it was Crep. Yeah. Gary Kreps, 1415 Kingston Way. I do have a scammer, so you'll have to So, please pardon me. Um the um we're allowed to ask rhetorical questions. Anyway, I'm curious uh not to put anybody on the spot, but how many of you before you bought your properties check for existing incumbrances? Uh this was the first time that I heard of it. I could have researched more. I don't know how many people really would have done that. Um, my chief concern with this is that um I have not nearly as many pets as is allowed by the county, but I have too many for the city. And when you bring in some families, I don't want to lose part of mine. Thank you for your time. Thank you. [Applause] All right. And next we have uh Pete Bracie. Please state your name and address for the record. Good evening. Pete Bracy, 2525 Hickory Road, St. Cloud, Florida. Um I got this letter back I don't know when the date was here, February. And they were big on this

notice of encumbrance. So, I checked into it to see if u if I had one or if I got one with a property and and I never did get one with a property. So, then I checked and see if Kyle Brook Shores, which is the subdivision, if they had one with the property and they didn't have one with the property, who happens to be me also. And I was the builder and the developer. So then I went to the title company that I used and they have no record of it. Our office has it still exists today. Our office does by the way. We have no record of this notice of incumbrance. So what I did then was I called up I got a at that meeting that I went to. They told me to get a hold of a Caroline Horton senior planner. Well, I called her two or three times, left messages. I'm not sure. She might have called me back once and I might have missed the call, but I never I never did get in contact with her. So, I came here one day, figuring I'd catch her. I She wasn't here. She wasn't in. So, that's all there is on that incumbrance deal. I would like to um if you're going to force us to annex, you should at least show us proof of that incumbrance that you all have that you think you have or you may have one. I don't know, but that's what needs to be brought up. The next thing, the only other thing I want to bring up right now is you're annexing more and more and more and more like the last gentleman said, you know, when's it going to stop? Y'all are putting 16inch water mane along hickory tree right now. Okay.

You put the pipe out. I'm saying you and I know you all didn't do it. Toho finally took me a long time to find out. Toho did it. They put the pipe out in January. Okay. After they got the pipe all out, the county come along, shut them down. No licenses, no insurance, no permits, no nothing. So that's the kind of contractor that Tohjo hired to put in pipe that's directed back at you guys eventually. Okay. The pipe still lays there today. I've already talked to Ricky Booth, the commissioner. He's trying to find out for me who's responsible, what they're doing, why the county's got it shut down. But anyways, so far I'm not liking this annexation bit. You know, the last question I have, I know I'm out of time. You mentioned the water and sewer. Is the sewer sewer can't be mandatory, right? I mean, it's impossible for you to put sewer in now the homes that are existing. Thank you. Thank you. [Applause] Next, we have Jessica King. Please say your name and address for the record. Hello, I'm Jessica King. I live at 1408 Kingston Way in King's Crest. I believe that's zone one. Um, again, we're not in support of what's going on. Um, I actually worked in title for about 5 years. Um, it was in New Jersey. Um, where you had I don't know if here there's attorneys when it comes to closings, but there you have your realtors, the lenders, attorneys, and they kind of go through everything. Um, my husband had p purchased our property. He wasn't notified of it. Um, I actually looked at our title work. We have the policy. We actually have the prior policy because his grandmother owned the

property prior to us. Nothing was noted in her policy. So, I attempted to go on to the website online to pull the public records because I have I've been able to do that in the past. It was so hard for me to pull anything that had anything to do with this. and I have a background when it comes to knowing what to look for and how to look these types of things up. So for anybody else and I never ended up finding them, I had to request them. I had to email the city and have them send it to me and that was after we got that letter in February. So, for everybody else who I don't know again if you have attorneys when you close in in Florida, but if you don't have somebody who's walking you through step by step, the title company's likely not going to tell you. And if it's hard for me to pull it when I worked in title, they may not have pulled it properly or listed it. It may have been jumbled in all these different types of ordinances. And you know, there's a lot of things that get filed over. I mean, for us, I think it was decades ago that this was done. Um, it just gets really hard for a common person to just be able with no knowledge of this to pull any of this without knowing. And again, it's not voluntary to us. Um, we're a young couple and we're struggling to get by when it comes to I mean we're not drowning, but I do know there's a lot of kids and families in our neighborhood and and people have said already in King's Crest that it's it's already hard. So, when you are looking at like a 10 to 13% tax increase, I believe um our home values might decrease because it looks like in the city of St. Cloud home prices are less than in CMI. So, that was something that was alarming to me. Um, you guys mentioned in the or the city mentioned in their letter to us that we're going to have access to all the public parks. We already have access to public parks. We've already been using these these public parks. So, that's not really something we're

gaining. The only thing that we're gaining is a fire department, but how long is that going to take for us to actually have access to that fire department? There's already construction going on on every road around us. I mean, Simpson Road, Neptune Road, any any road I drive on, I'm in traffic all day, every day. So, it's just we're all frustrated. I'm frustrated. My husband's frustrated. And that was it. Thank you. Thank you. [Applause] All right. Next, we have Penny Patterson. Good evening. My name is Penny Patterson and I live at 2343 Kings Crest Road. I echo my neighbors of what was said. Allow me to say my portion. If I wanted to move to St. Cloud, I'd have moved to St. Cloud. I didn't move to St. Cloud. I live in 2343 Kings Crest Road, CMI, Florida. I live on a fixed income. Maybe everybody doesn't, but I do. Changing all of my IDs, bills, and everything that comes through the mail is daunting. It shouldn't have to happen because somebody put the word voluntary. The gentleman back there asked that question. I'm I'm putting that back out. This is not voluntary. We're being dragged. That's how I feel. It's unnecessary for my household to have to go through that. I want I'm asking you to hold your vote. Just put it on hold. Let us try to figure out what you're doing to us. Not you individually, but collectively. I

don't want to go into this whole system. I should not have to at this age in my life. It's going to cost me more money. The city of St. Cloud should not have to charge us that kind of money to for you for the city to take us voluntarily. This is not voluntary. There is no benefit to me at all. I do shop in St. Cloud because I live on the border, which is obviously what we're all talking about. I thank I I thank you for allowing me to express how I feel. Please hold your vote. Listen to what has been said by our neighbors. They have valid points. This is not voluntary. I appreciate the time you gave me. Thank you. Thank you, ma'am. [Applause] And then we also have Derry Patterson. Please state your name and address for the record. Hello, Derry Patterson, 2296, Jessica Lane, Cassimi. This does absolutely no benefits to me. My water bill is going to go up between 30 and $40 a month. My taxes are going to go up between a,000 to $1,500 a month. There's absolutely no benefit to me at all. As far as the fire station, I'm right in the middle between the one they're going to build and the one that saved my life on Cross Prairie. And if I wanted to live in the city, I would have bought in the city. Thank you. Thank you, [Applause] sir. That is everything I have that was

submitted. Is there anybody else that would like to speak? I just I just want to say that I'm with them. I'm with them. We don't want to be We don't want to. But Sir, if you understand Thank you. If anybody wishes to address the commission, they have to come to the podium and fill out a fill out a form, please. Thank you. I'm Jel Rodriguez. Um I live in 2130 Emperor Drive, Kissimi, Florida. And I just have a question regarding um if this um incumbrance is going to um help us with the whoever have 4 um programs for the ones that are not um in agreement with the 4 programs. So if we convert as a city and we're going to pay more taxes and more um obviously everything is going to be um come up does the 4 is going to be um allowed for all the people in the city as well the chicken keepers programs again again ma'am the the commission's here to take your feedback but they're not here to answer your questions staff may wish to comment at the end, but they'll take your feedback for sure. Okay. So, yes. So, I just want to make sure that if I'm going to pay more, I don't have to deal with chicken keepers in my backyard or close to at least. All right. Thank you. Thank you. [Applause] So, so on the uh latest notice uh I uh I observed uh where it says

applicant on this uh here notice. You guys got this notice too, right? Uh the applicant on there says city of St. Cloud. How is that uh justifiable with annexation and property owner consent? Shouldn't it say uh the property owner? That's why I just want I just want to bring that up. Understood. Mr. Chairman, if I can the applicant is the city because of the the the city again to take you back as as Miss Duncan explained when the city was approached to provide water and our sewer. Uh the matter was within the joint planning community. the notice of incumbrance was executed and recorded and that's what creates that's what creates this process which the city is then entitled to when the land becomes contiguous and appropriate statutoily for annexation to seek the process of application that's what is meant by the word voluntary on that for clarification but the commission is not here to litigate the case here tonight with regard to notice and so forth so I just make that general comment is it not volunte was Is it voluntary for the developer at the time? The the the the property owners at the time entered into the agreement with the city and received the benefit correct which they agreed and that's what led to the notice of incumbrance being executed and recorded on the public records which then runs with the land thereafter to subsequent ownership. All right. Thank you for clarifying. Yes, sir. The notice of incumbrance is recorded in the Hold on one second. Mr. Chairman, we're not we're not here to litigate the case. I'm just explaining to you procedurally how this arrived to you here this evening. And again, this is going to be this is not a final action matter. As I stated at the outset of the case, the commission is going to make a recommendation, whatever they recommend to the city council to be heard at a subsequent time in later this

spring or summer. And that will be this the council will effectuate final action on the matter, not not the planning commission. Correct. Just one one comment. It's up to the chairman. Yes, sir. What is your comment, sir? Ma'am, if the previous woman that came before you, if you can make sure to fill out a form for our cler. Okay. Thank you. Yeah. Um, even the the the developers are not voluntary. If they're going to get water and sewer provided by the city, they are required to fill an incumbrance which later will allow the town allow the city to annex the property. It's not a choice. It's a requirement. That's the problem. It's required for the one person and then the other people in the developments depending on the size are the ones that are fitting the bill. Unfair. All right. Thank you for your comment. I'm sorry. At this at this time, I think we should close public comment. Uh, unless there's anybody that hasn't spoken that would like to still speak. Sir, I think it I think it would be best if you followed up with your concern at the city council meeting on the 7th. I would like to hear his concern. Anybody that would like to motion? Please come up, sir. What What is your your additional concern? Please again state your name and your address please sir. My name is Greg Picus. It's the address is 2660 Red Blush Terrace uh St. Cloud. Um my concern is uh I've asked for documentation. I don't know how you guys can continue to proceed with this approve it at all. It has to be put on hold now because you have nothing

documented uh in terms of how this transition is going to take place smoothly. I've asked for documentation. I just get verbal. I'm a engineer. I read everything more than a usual person. I will drive you nuts. And uh I do not hear anybody suggesting where's the documentation for this process to go smoothly. You guys are going to vote May 7th. Well, we we won't vote. The city council will vote. It's a city. They're going to approve May 7th. It's uh spring or summer. I don't know. It's May 7th. The city the city council may final action as I understood the the hearing that was referenced earlier was May 7th. I don't know that it will be on the agenda on May 7th, but if it is then that Okay, but right now it's it's it's scheduled and that's why I wanted to get clarification from you. I don't have that information as to which and another thing is without that documentation you guys don't have your eyes dot it or T slash and you can't proceed with this because of that because you opening yourself up to a lot of lawsuits. I'm not threatening but it's going to be it's uh I'm going to have a lot of this between us county when I build this pool and the city. there's nothing documented. Director of uh the Oscola County, he says he's been through all this. He says they've always have to have something documented on this process and it's not it's non-existent. I talked to the project engineer. We don't have anything documented. I get verbal. I I I like to see things in writing because none of this uh is this going to be documented uh tonight? uh this whole discussion especially with yes these are these are recorded and on they're put on YouTube and and I I'd like to know your name so I can talk

with you later Melissa thanks and this gentleman here I was wondering are you sir sir your comments are to sir your comments your comments are to the commission oh I just wonder I had talked to him afterwards that's all I have all right thank you thank you sir All right. At this time, I'm going to close public comment. My fellow commission board members, does anybody have any comments or anything you would like to say? I read we got yesterday we got a thousandpage document. I don't know if all you all looked at it, but I did. Mr. Alexander, can you speak in the microphone? So, we received a thousandpage document with all of the all of the agreements and all of the the things listed there where the original developers were signing these agreements back from 1990 something all the way up until recently. I went through quite a bit of it and uh it's there. So, all right. Well, I just want to mention that um you know certainly we don't want anybody to have to spend more money than you should have to. Um keep in mind that we are a voluntary board up here. Uh we all volunteer our time to be here. Um, we try to learn the zoning ordinance and ordinances and the the different um laws that apply to the planning commission as best we can. Um, and we knew that when this came up to us, um, it's I feel like it's been at least a year, maybe a little less than a year ago, that we knew that these notices of incumbrance would would be coming up. you know, it was a concern at that time and I don't doubt that it is also a concern of our

city council members. Um, I believe that they will listen to this meeting. They will listen to the residents. Um, I don't know how they're going to vote. Uh, but I certainly I think I can speak for the other commission members here that none of us want people to have to spend a lot more in taxes than you are now. Um, and one of my biggest concerns with this, uh, and I believe I stated this, uh, initially when we talked about this, is especially, um, those in areas where maybe you've lived there for 20 or 30 years, right? And the tax um, the the law is that the tax your taxes can go only go up 2% each year, right? And that's set in place by the property appraiser unless you sell the property. And then that sale price then becomes the taxable amount. and that sort of thing. But that's why I think it's really important for the uh property appraisers office and the tax collector to be involved in this. I don't know how involved they are. Um but that's my biggest concern is those of you that you know if your taxes are relatively low now and this is going to cause um taxation based on your current value of your property. I understand that concern and I sympathize with it. Um, and so I just want everybody to know that we're not here to take anything away from anybody. Uh, we're simply an advisory board. And I want to thank everybody that came up to speak because the city council will listen to your comments. Anybody else have anything else? All right. Um, so this time we can either recommend approval of this ordinance or we can recommend denial of this appro ordinance. Does anybody want to make a motion? I'm assuming you probably don't want to. I'll go ahead and thank everybody

for being here. Um, like the chairman said, it's not an echo chamber. We take everything that you have to say to heart and um we can sympathize, at least I can sympathize with you in the situation that you're at. Um I would like to make a motion to recommend approval of ordinance number 2025-28 based on the 16 findings within the land development code. I'll second that. Okay. We have a motion for approval of the ordinance by Miss Snder and a second by Mr. Alexander for approval. Do we have All right. So, we're going to conduct a vote. All in favor of approval say I. I. I. All in favor of denial say no. Opposed. You got to be on the microphone, please, Miss Douglas. No, I was just saying it shouldn't be who who all opposed. The motion was to recommend approval. It was seconded by Mr. Alexander. Then the call for the vote is all in favor of the motion, please indicate verbally and if you have to by hand. What's your vote? Do you support the motion or do you not support the motion? If you support the motion, raise your right hand. If you do not support the motion, raise your left hand. All right. Motion does not pass. Three to two. Okay. Or motion for denial. It's it's either way motion does not pass. We're just saying the motion for approval failed. But but please keep in mind that this is only a recommendation to the city council. And this was important. Although I'm sure a lot of you feel that you probably came up and we didn't really respond to you. This was important because they will watch this and they will hear your comments. And I urge everybody to pay

attention to when this does come on to the city council agenda. Uh I don't know when that is. It could be in the next meeting or it could be later. May 7th was the date that was specified. Okay. So it is May 7th. Okay. Yes. Yes. That will be here in the council chambers. All right. Thank you. All right. Item number L. We have ordinance number 2025-43. Uh this is NOVA and 192. We have three ordinances. So I'm going to go ahead and read them all in. Uh so this one is an annexation um a consideration of an incumbrance annexation and it's case number ANX 25-000013. Then we also have ordinance number 2025-44 which is a comprehensive plan amendment. This one is case number CPA25- 0000005. Mr. Chairman, if I could just folks, if you if you're not here for this case, please take everything out in the hall. We're still conducting business. Mr. Watson, sir, can you can you take your business outside if you're not here for this case? Thank you. All right. Okay. And then the third one is ordinance number 2025-45 which is a plan development plan unit development and it's case number PUD25-0000001. Good evening. Melissa Duncan, director of community development. These cases before you tonight are for the voluntary annexation comprehensive plan amendment and zoning map amendment for the PUD um for the project known as NOVA and 192. This request meets both the statutory requirements and is consistent

with our joint planning agreement with OciOla County as it is contiguous and reasonably compact. The existing county future land use is community center with a commercial general or CR commercial restricted and PD plan development county zoning designation. The requested city land use is commercial. The requested zoning designation is PUD planned unit development. Uh, this request is compatible with the surrounding area and will have no adverse impacts on city facilities. Here's a graphic representation of the future land use map depicting the current county and city land use for context. Here is a graphic representation of the zoning map depicting the current county and city zoning districts for context. Hon or before March 31st 2025 staff recommended approval. Likewise, it is requested that the planning commission also recommend approval of ordinance number 2025-43, 2025-44, and 2025-45 for the voluntary annexation land use um sorry, comprehensive plan amendment and zoning map amendment um to PUD um for the project known as NOVA and 192. At this time, the applicant and staff are available for questions. Thank you. All right. Can we go back? Uh, I think two images. Oh, one more.

So this was in the county. This was future land use was community center. Correct. Okay. And then uh in the city they're requesting a planned unit development. Well um their land use would be commercial. So their land use is community center and their um land use in the city would be commercial. Understood. And this is I'm sorry there's a lot here. It's all along 192 from Norah Tyson to Nova Road. And then there's a small area just north of the property or just I'm sorry, north of Lake Lizzy Drive. Correct. Correct. And then what's the go? Can you go to the next? Sure. Okay. And so altogether this is 26.38 acres. Correct. I'm sorry. 26 28 28.6. Yes. Sorry about that. Why is the one little parcel wedged between those houses? I'm sorry. What was that? The one little square. It's between a couple houses

there. Um, looking at the It's on the satellite. Yeah. Yeah. It appears to be vacant. So, this is several different owners in one application. Is that That's correct. But they all gave their owner authorization to Billy Rocker and so he is the applicant agent. Sorry. So do you know what they're planning? I mean at some point they'll they're going to be planning something, right? Do you know what the plans are? Um so in their planned unit development they are asking for commercial uses along the corridor. Why is this considered an incumbrance annexation? Um because they all have incumbrance. Um wait is this an encumbrance? Yes. It says applicant is requesting consideration of an incumbrance annexation. Oh, no. I'm sorry. I I don't think that's correct. I think that uh we had an actual um application submitted to the city. Yeah, that was confusing me. Yeah, sorry. We'll fix that um for the record before it goes. So, it's just it's just a voluntary annexation. Correct. Okay. All right. I assume they are voluntary voluntarily being annexed so that they can control that and not wait for when they are in a an enclave or something like that, right? That that maybe I I

think the applicant can probably answer that question. All right. Any any questions for city before we ask the applicant? All right. Is the applicant here? Would you like to come up, sir? Good evening. Planning commissions can take a long time, can't they? Yes, sir. Not often, but this this one was a little bit of a long one. Okay. Curtis Arrington, CM Arrington and Associates, 849 East Oak Street, CMI, Florida. We have uh prepared worked for a long time with the city staff to come to to the point that we are. We support staff and all the works and efforts they have completed. Um, you know, we're here for voluntary annexing going through the process, but the key point here is to get to a pud and the uses that we have. And it is a commercial pod and it is a a group of individuals that Mr. Rocker has put together so that we can get this pud before y'all tonight. And we would ask for your support. Thank you. Can I be glad to answer any questions? Absolutely. Thank you, sir. Do we have any questions? No. No. Okay. Uh, at this time we will allow for public comment. Is there anyone in the audience that would like to make a public comment on any of these three ordinances? All right, we will close public comment at this time. Uh, anybody in the commission have any other comments or anything they would like to discuss? No.

Okay. Uh, in that case, um, could we have a someone like to entertain a motion for ordinance number 2025-43? I would like to make a motion to recommend the approval of ordinance number 2025-43 based on the 16 findings within the land development code. All right, I have a motion from Miss Douglas. Do I have a second? Second the motion. All right, I have a second from Miss Bridgeforth. All in favor say I and raise your right hand. I I motion passes 5. All right. Uh how about ordinance number 2025-44? Someone like to make a motion for that one? I'll make a motion. I'd like to make a motion to recommend approval of ordinance number 2025-44 based on the 16 findings within the land development code. All right, we have a motion to recommend approval by Miss Bridgefor. Do I have a second? Second. All right, we have a second by Miss Snder. All in favor of recommending approval, I raise your right hand. All right. All right. That's a new thing now. I don't know. It just felt perfect. It worked so well on the other one, you know. Uh, next one is ordinance number 2025-45. Do we have a motion on this one? I would like to make a motion to recommend the approval of number 2025-45 based on the 16 findings within the land development code. All right, we have a motion to recommend approval by Miss Douglas. Do I have a second? A second. All right, we have a second by Mr. Alexander. All in favor of approval? I I I All right, motion passes 5-0. Thank you all very much. Thank you, sir.

All right, so the last one looks like we have on our agenda here is item O. This is ordinance number 2025-37. This is Marlo Apartments at Nova Road which is consideration of an incumbrance annexation. Is that one? Is that one? This one is correct. This one is correct. Okay. Um so this is case number ANX25-000012. Okay. Again, Melissa Duncan, director of community development. This case before you tonight is for the voluntary incumbrance annexation for the project known as Marlo Apartments at Nova Road. This request meets both the statutory requirements and is consistent with our joint planning agreement with Oyola County as it is contiguous and reasonably compact. The existing future land use is community center with a community center core county zoning designation. Sorry, it looks like uh we're gonna have to work on this presentation, too. The requested uh Oh, sorry. No, that that's my fault. Sorry again. Forgive me. I am on cold medicine and I'm struggling here. So, this is only annexation. Um, so the land use and zoning is strictly forformational purposes. They are not requesting a change to future land use and zoning at this time. we will honor the counties. So, here's a graphic representation of the future land use map depicting the current county and cities land use. For context, here is a graphic representation of the zoning map depicting the current county and city zoning districts. For context, on or before March 31st, 2025,

staff recommended approval. Likewise, it is requested that planning commission also recommend approval of ordinance number 2025-37 for the voluntary incumbrance annexation for the project known as Marlo Apartments at Nova Road. At this time, staff is available for questions. Um, the city is the applicant on this one. And there's a typo on that light last slide, too. should be ordinance 2025-37. Thank you. Anybody from the commission have any questions for the city staff? All right. Is the applicant here? Would you like to City is the applicant? Oh, the city is the applicant. I'm sorry. All right. Um, so now at this time we'll allow for public comment. I assume there's nobody here for public comment. Okay, we'll close the public comment session this time. Uh, would you guys like to discuss this? How do you feel? Feeling good about it. It'll work. Got to be on the microphone. Everybody, all the comments on the mic. Everybody's in sunshine. Mr. Alexander, it looks like a beautiful piece of property. Well, there's already apartments here. Yeah, if you haven't noticed, this is I've seen on the corner of Nova Road and 192. This is the northeast corner. It's pink. And there's already apartments there. So, this is essentially just an encumbrance annexation. All right. Okay. So, I'd like to make a motion recommend approval of ordinance number 2025-37 based on the 16 findings within the land development code. All right, we

have a motion to recommend approval. You know what? Yeah. Yeah. Based on the land development code. Yeah, that's right. All right. Do we have a second? Okay, we have a second from Miss Douglas. All right. We have a first and a second. All in favor of recommending approval, say I. I. I motion passes 5-0. I believe that is our last agenda item. Yes, sir. Um, how about adjournment? Can we have a Well, actually, uh, I guess I should mention our next planning commission meeting is May 13th, 2025 at 6 PM. Uh, it's the day before my birthday. Oh, if anybody wants to bring me a cupcake or anything. I'm kidding. Uh but anyway, uh anybody like to um make a motion for adjournment? I make the motion to adjurnn. All right, we have Miss Snder making a motion to adjourn. I have a second. Second. All right, we have a second from Miss Bridgeforth. All in favor of adjournment say I. I. I. Meeting adjourned.