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 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