Planning and Zoning (P&Z)

~ Groveland FLORIDA City with Natural Charm · PUBLIC NOTICE AND AGENDA OF THE GROVELAND PLANNING & ZONING BOARD MEETING SCHEDULED TO CONVENE AT 3:00 P.M. THURSDAY, MARCH 3, 2022 IN THE E.L. PURYEAR BUILDING LOCATED AT 243 S. LAKE AVENUE, GROVELAND, FLORIDA 34736. IT IS HIGHLY RECOMMENDED THOSE INDIVIDUALS WHO HAVE NOT RECEIVED THE COVID-19 VACCINE WEAR A MASK. For additional information please use the following CDC link at https://www.cdc.gov/coronavirus/2019- ncov/vaccines/fully-vaccinated-guidance.html Please note: As an alternate option, the public can attend the March 3, 2022 Planning & Zoning Board Meeting virtually. The virtual meeting will be in “watch/listen mode” only; no public comments will be taken virtually. Instructions to participate have been posted to the City’s website under “public notices” at www.groveland-fl.gov *If you would like additional information regarding an agenda item please contact The Planning Division via email at planning@groveland-fl.gov. PLANNING & ZONING BOARD MEETING AGENDA Board Members: Chairman Richard Skyzinski, Vice-Chairman Keith Keogh, Robert Proper, Felicia Stewart, Dominic Cicio, Zach Decker, Donald Tillman, Bill Mathias (non-voting) Other Attendees: Anita Geraci- Carver, City Attorney; Timothy Maslow, Community & Economic Development Department Director; Andrew Landis, Planning & Zoning Division Manager; David Ausherman, Senior Planner; DeWayne Jones, Planner I; Brooke Worthington, Planner I; Maria Ramirez, Recording Secretary Agenda for March 3, 2022 at 3:00 PM Location: E.L. Puryear Building, 243 S. Lake Avenue 1. Call to Order Roll call and determination of quorum, Pledge of Allegiance, Pledge of Conduct 2. Consent Agenda Approval of minutes from the February 10, 2022 P&Z meeting 3. New Business a. Recommendation of approval on Ordinance 2022-03: Phillips Landing Annexation b. Recommendation of approval on Ordinance 2022-04: Phillips Landing Comprehensive Plan Amendment c. Recommendation of approval on Ordinance 2022-05: Phillips Landing Rezoning 4. Old Business a. Recommendation of approval on Resolution 2022-14: The Island at The Village at Cherry Lake Preliminary Plat b. Recommendation of approval on Resolution 2022-15: Springs at The Village at Cherry Lake Preliminary Plat c. Recommendation of approval on Resolution 2022-16: The Cape at The Village at Cherry Lake & The Vista at the Village at Cherry Lake Preliminary Plats d. Recommendation of approval on Ordinance 2021-50: The Cape at The Village at Cherry Lake ROW Vacate 5. Closing Comments Public, Board Members, Staff Adjourn to next month’s Planning and Zoning Board meeting on Thursday, April 7, 2022.  ~ Groveland FLORIDA Ci1y witlt Natural Charm . NOTICE OF PUBLIC MEETING Due to the continued concerns the pandemic has created the City of Groveland is providing a link and telephone number as an option for those within the public who would like to watch//listen to the March 3, 2022 Planning and Zoning Meeting scheduled for 3:00 p.m. IN PERSON: E. L. Puryear Building, 243 S. Lake Avenue, Groveland, FL 34736. NOTE: There is limited indoor seating available to the public, therefore we will be operating at a maximum limit of 23 seats, on a first come first serve basis. IT IS HIGHLY RECOMMENDED THOSE INDIVIDUALS WHO HAVE NOT RECEIVED THE COVID-19 VACCINE WEAR A MASK. For additional information please use the following CDC link at https://www.cdc.gov/coronavirus/2019- ncov/vaccines/fully-vaccinated-guidance.htmlTo attend the meeting virtually or telephonically (watch/listen mode only) please use either of the following options: JOIN ONLINE: In addition to calling, persons may watch the meeting by going to https://us02web.zoom.us/j/88316248894?pwd=ZHJlNmdRdzluSmFldFJtbHF3cElodz09 and entering Meeting ID: 883 1624 8894 and Passcode: 915707 prior to the start of the 3:00 p.m. meeting. If you have difficulty or are unable to hear the meeting, please check your audio settings. We encourage you to use the link above and follow the prompts to download the necessary software at no cost in advance of the meeting. JOIN BY PHONE: Members of the public can join the meeting by calling the following telephone number: 1-346-248-7799. When prompted enter the Meeting ID: 883 1624 8894, and Passcode: 915707. VIA E-MAIL: Persons can submit public comments in advance of the meeting by e-mailing Maria Ramirez at maria.ramirez@groveland-fl.gov. If submitted before 10:00 a.m. on the meeting date, the comments will be shared with the Planning & Zoning Board prior to the meeting and read into the record during the meeting. If submitted after 10:00 a.m. the comments will be shared with the Planning & Zoning Board after the meeting and retained as a public record. IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT (ADA) AND FLORIDA STATUTE 286.26, PERSONS WITH DISABILITIES NEEDING SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE CITY CLERK NO LATER THAN 3 BUSINESS DAYS PRIOR TO THE MEETING AT virginia.wright@groveland‐fl.gov  City of Groveland Planning & Zoning Board Meeting Minutes Thursday, February 10, 2022 The City of Groveland Planning and Zoning Board held a meeting on Thursday, February 10, 2022. Chair Richard Skyzinski called the meeting to order at 3:00 p.m. The following Board Members were present: Felicia Stewart; Donald Tillman; Richard Skyzinski; Keith Keogh; Dominic Cicio, Bob Proper, Zach Decker. City Officials present were Anita Geraci-Carver, City Attorney; Timothy Maslow, Community & Economic Development Department Director; Andrew Landis, Planning & Zoning DivisionManager; David Ausherman, Senior Planner; DeWayne Jones, Planner I; Brooke Worthington, Planner I; and Maria Ramirez, Recording Secretary. Absent: Board Member Bill Mathias CONSENT AGENDA Approval of minutes from February 10, 2022, meeting. Motion: Board Member Dominic Cicio motioned to recommend approval of the February 10, 2022, minutes; Seconded by Board Member Felicia Stewart. All present members voted aye. NEW BUSINESS Chair Skyzinski welcomed and introduced new Planning and Zoning Board Member Zach Decker. Mr. Decker stated he’s glad to be part of the Board and looks forward to working with everyone. b. Recommendation of approval on Resolution 2022-14: The Island at The Village at Cherry Lake Preliminary Plat: Recording Secretary Maria Ramirez read the headnote into the record as follows: RESOLUTION 2022-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVELAND, FLORIDA, GRANTING PRELIMINARY PLAT APPROVAL OF THE ISLAND AT CHERRY LAKE VILLAGE GENERALLY LOCATED NORTH OF STATE ROAD 50, EAST OF STATE ROAD 19, SOUTH OF CHERRY LAKE ROAD AND WEST OF WEST APSHAWA ROAD, GROVELAND, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. 1  Motion: Board Member Keith Keogh motioned a continuance of Resolution 2022-14 to the March 3, 2022 meeting; Seconded by Board Member Felicia Stewart. All present members voted aye. c. Recommendation of approval on Resolution 2022-15: Springs at The Village at Cherry Lake Preliminary Plat: RESOLUTION 2022-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVELAND, FLORIDA, GRANTING PRELIMINARY PLAT APPROVAL OF SPRINGS AT CHERRY LAKE VILLAGE GENERALLY LOCATED NORTH OF STATE ROAD 50, EAST OF STATE ROAD 19, SOUTH OF CHERRY LAKE ROAD AND WEST OF WEST APSHAWA ROAD, GROVELAND, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. Motion: Board Member Keith Keogh motioned a continuance of Resolution 2022-15 to the March 3, 2022 meeting; Seconded by Board Member Donald Tillman. All present members voted aye. d. Recommendation of approval on Resolution 2022-16: The Vista at The Village at Cherry Lake & The Cape at The Village at Cherry Lake Preliminary Plats: RESOLUTION 2022-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVELAND, FLORIDA, GRANTING PRELIMINARY PLAT APPROVAL OF THE CAPE AT CHERRY LAKE VILLAGE AND GRANTING PRELIMINARY PLAT APPROVAL OF THE VISTA AT CHERRY LAKE VILLAGE, BOTH GENERALLY LOCATED NORTH OF STATE ROAD 50, EAST OF STATE ROAD 19, SOUTH OF CHERRY LAKE ROAD AND WEST OF WEST APSHAWA ROAD, GROVELAND, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. Motion: Board Member Keith Keogh motioned a continuance of Resolution 2022-16 to the March 3, 2022 meeting; Seconded by Board Member Felicia Stewart. All present members voted aye. 2 Staff recommends approval of Resolution 2022-14, Resolution 2022-15 and Resolution 2022-16. Timothy Maslow, Community & Economic Development Department Director, stated the three resolutions and ordinance are all part of one large cohesive village. Staff will present, followed with the opportunity to discuss, ask questions, have public comments and vote. Brent Spain, Attorney with Theriaque and Spain, presented project on behalf of Ladd Development. A Notice of Appearance was requested by Attorney Thu Pham of Akerman LLP on behalf of Phillip Fulmer. Attorney Pham expressed Mr. Fulmer’s concerns with the projects, the development approval and public notice process, Ordinance No. 2021-45 and Resolutions 2022-14, 2022-15, and 2022-16. Attorney Pham requested a continuance of these items for a variety of expressed concerns. Public Comments: Phillip Fulmer addressed the board with comments and questions regarding lots around the lake, affordable housing, and the bridge to The Island. Jay Darulla stated he owns four acres on Cherry Lake right on the chain and lives 12 houses (across the lake) from the project. Mr. Darulla expressed he did not receive notice in the mail regarding the project. He asked staff if each project alone meets code, or if they need to be grouped together to pass code. Rick Freeman expressed growth concerns around the lake. He advised to review the long-range plan for Groveland. Jeff Bigler expressed traffic concerns on Cherry Lake Road and with the County traffic study. It is a high biking area, which has also become a problem. Mr. Bigler stated concerns with boat ramps and having too many boats on the lake. Marilynn Need stated there’s no reason to rush and noted that she is not opposed to growth. She would like a new traffic study to be conducted. Robin Hoover stated she wants to know if Public Works has addressed the sight distance analysis, off site design review, and right of away code ordinances from November and is requesting additional current studies. e. Recommendation of approval on Ordinance 2021-50: The Cape at The Village at Cherry Lake ROW Vacate: ORDINANCE 2021-50 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVELAND, FLORIDA, VACATING CERTAIN RIGHTS OF WAY SHOWN ON THE PLAT OF GROVELAND FARMS, AS RECORDED IN PLAT BOOK 2, PAGES 10 AND 11, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, LOCATED IN SECTION 3, TOWNSHIP 22 SOUTH, RANGE 25 EAST, SECTION 4, TOWNSHIP 22 SOUTH, RANGE 25 EAST, AND SECTION 9, TOWNSHIP 22 SOUTH, RANGE 25 EAST; VESTING OF 3 TITLE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS AND SCRIVENER’S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion: Board Member Keith Keogh motioned a continuous on Ordinance 2021-50 to the March 3, 2022 meeting; Seconded by Board Member Donald Tillman. Motion approved: 5 ayes and 1 nay. OLD BUSINESS No old business. Voting of Chair and Vice-Chair: Motion: Board Member Bob Proper motioned to retain current Chair and Vice-Chair; Seconded by Board Member Felicia Stewart. All present members voted aye. CLOSING COMMENTS: Staff proposed changing meeting time to 11:30 - 1:00 p.m. After Board discussion, Chair Skyzinski stated meeting times will remain at 3:00 p.m. Board Member Keogh and Tim Maslow presented the Strategic Plan draft mission and vision statements. Brooke Worthington shared an update on the Live Well Foundation Grant. The city was awarded a 6.2- million-dollar grant to enhance health and wellness in the community. Tim Maslow shared the South Lake Trail Tree Planting completion. He encouraged everyone to visit and enjoy the shade. Andrew Landis shared the upcoming 100th Centennial events starting February 26th and 27th through April. Tina Freeman thanked the Board for not rushing the projects. ADJOURNMENT Motion: Motion made by Board Member Keith Keogh to adjourn the meeting at 5:55 p.m. 4  This motion was seconded by Board Member Donald Tillman. Attest: Richard Skyzinski, Chair ~ Maria Ramirez, Recording Secretary Groveland FLORIDA City with t\'acural Cliarm 5 ATTACHMENT 1  ORDINANCE 2022-03 AN ORDINANCE EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF GROVELAND, COUNTY OF LAKE, STATE OF FLORIDA, PURSUANT TO THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES (2020); ANNEXING 39.66+/- ACRES OF REAL PROPERTY NOT EMBRACED WITHIN THE PRESENT LIMITS OF THE CITY OF GROVELAND; PROVIDING FOR FINDINGS; PROVIDING A LEGAL DESCRIPTION AND A MAP; DIRECTING THE CITY MANAGER TO RECORD CERTIFIED COPIES OF THIS ORDINANCE AFTER APPROVAL WITH THE CLERK OF THE CIRCUIT COURT, THE COUNTY MANAGER OF LAKE COUNTY, AND THE SECRETARY OF THE STATE OF FLORIDA; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS; SETTING AN EFFECTIVE DATE. WHEREAS, S. Brent Spain, Esquire, on behalf of the property owner Arroyo Cap II-2, LLC, a Delaware limited liability company, has petitioned the City Council, Groveland, Florida, to annex property located in an unincorporated area of Lake County into the City of Groveland; and WHEREAS, the property, as hereafter defined, is eligible for annexation; and WHEREAS, the City Council has determined that the area proposed for annexation meets the requirements of §171.044, Florida Statutes and is located within the City’s planning area and Ch. 180 District as set forth in the Interlocal Service Boundary Agreement dated February 15, 2013; and WHEREAS, this Ordinance has been advertised as required by law with a copy of said notice sent via certified mail to the Board of County Commissioners of Lake County as provided for by statute; and WHEREAS, all other procedural and notice requirements mandated by State law and the City’s Code of Ordinances have been followed and satisfied; and NOW THEREFORE, be it ordained, by the City Council of the City of Groveland, Florida, as follows: Section 1: Legislative Findings. The recitals set forth above are hereby adopted as legislative findings of the City Council of the City of Groveland. Section 2: Annexation. The corporate limits of the City of Groveland, Florida, are hereby extended and increased to include and embrace within the corporate limits of the City of Groveland, the real property described as: Legal Description: See attached Exhibit A. Parcel Id No.: 21-21-25-0001-000-00300; Alt. Key 1024617 (the “Property”). The Property is hereby annexed and declared to be a part of the City of Groveland. The Property is depicted in the map attached hereto as Exhibit B. Section 3: Applicability and Effect. Upon this Ordinance becoming effective, the property annexed shall be subject to all laws, ordinances, and regulations enforced in the City of Groveland, and shall be entitled to the same privileges and benefits as other parts of the City of Groveland upon the effective date of the annexation. Section 4: Directions. In accordance with Section 171.044(3), Florida Statutes (2021) within seven (7) days of the adoption of this Ordinance, certified copies of this shall be provided to the Clerk of the Circuit Court (Recording), and the Secretary of State of the State of Florida. It shall further be submitted to the Office of Economic and Demographic Research within 30 days of approval along with a statement specifying the population census effect and the affected land area. F.S. 171.091, Florida Statutes. Section 5: Conflicts. All ordinances and parts of ordinances to the extent in conflict with this Ordinance are hereby repealed. Section 6: Severability. If any provision or portion of this ordinance is declared by any court competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. Section 7: Scrivener’s Errors. Scrivener’s errors in the legal description may be corrected without a public hearing or at public meeting, by re-recording the original ordinance or a certified copy of the ordinance and attaching the correct legal description. Section 8: Effective Date. This ordinance shall become effective immediately upon passage by the City Council of the City of Groveland in accordance with law. PASSED AND ORDAINED in regular session of the City Council of the City of Groveland, Lake County, Florida, this ______day of ___________, 2022. _______________________________________ Evelyn Wilson, Mayor City of Groveland, Florida Attest: _____________________________________ Virginia Wright, City Clerk  ~ Groveland FLORIDA City with Natuml Charm· Approved as to form and legality: ________________________________ Anita Geraci-Carver, City Attorney First Reading __________________ Second Reading ________________ Council Member ______________ moved the passage and adoption of the above and foregoing Ordinance. Motion was seconded by Council Member ________________ and upon roll call on the motion the vote was as follows: YEA NAY Barbara Gaines Mike Radzik Mike Smith Randolph Waite Evelyn Wilson ATTACHMENT 1  ORDINANCE 2022-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVELAND, LAKE COUNTY, FLORIDA, AMENDING THE CITY OF GROVELAND’S COMPREHENSIVE PLAN PURSUANT TO 163.3187(1), FLORIDA STATUTES, BY AMENDING THE COMPREHENSIVE LAND-USE PLAN DESIGNATION FROM LAKE COUNTY URBAN MEDIUM TO CITY OF GROVELAND ESTABLISHED NEIGHBORHOOD ON THE FUTURE LAND-USE MAP FOR THE HEREIN DESCRIBED PROPERTY CONSISTING OF 39.66 +/- ACRES; AUTHORIZING THE CITY MANAGER TO AMEND SAID COMPREHENSIVE PLAN; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND SCRIVENER’S ERRORS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Groveland, Florida adopted Ordinance 92-02-01, adopting the Comprehensive Plan for the City of Groveland which has since been amended, and WHEREAS, the request for this small-scale plan amendment is initiated by S. Brent Spain, Esquire, on behalf of the property owner Arroyo Cap II-2, LLC, a Delaware limited liability company; and WHEREAS, the Planning and Zoning Board of the City of Groveland held a public hearing on this ordinance which was advertised in accordance with law prior to the meeting, and WHEREAS, the City Council of the City of Groveland public hearing has been advertised as required by law for one public hearing with the public hearing occurring at least 5 days after the advertisement was published; and WHEREAS, the City Council of the City of Groveland hereby finds and determines that the plan amendment is internally consistent with the City’s Comprehensive Plan; and WHEREAS, it is in the best interests of the City of Groveland to amend the Comprehensive Plan for the City of Groveland as set forth herein. WHEREAS, the City of Groveland desires to amend the Comprehensive Plan for the City of Groveland as set forth below. Now, therefore, it be ordained by the City Council of the City of Groveland, Florida: Section 1. Legislative Findings. The recitals set forth above are hereby adopted as legislative findings of the City Council of the City of Groveland. Section 2. Comprehensive Plan Amendment A. The Property is legally described in Exhibit A attached hereto and incorporated herein, consisting of 39.66 +/- acres, more or less, (the “Property”).  B. That portion of the Future Land Use Element referenced as the Future Land Use Map of the City of Groveland Comprehensive Plan is hereby amended by changing the designation of the Property, on the City of Groveland Future Land Use Map from Lake County Urban Medium and designating the Property on the Future Land Use Map to: CITY OF GROVELAND – ESTABLISHED NEIGHBORHOOD Exhibit B (attached hereto and incorporated herein) – Future Land Use Map amendment Section 3. Severability Upon a determination that by a court of competent jurisdiction that a portion of this ordinance or the comprehensive plan adopted hereby is void, unconstitutional or unenforceable, all remaining portions shall remain in full force and effect. Section 4. Direction to the City Manager. Upon the Effective Date of this ordinance, the City Manager is hereby authorized to amend the comprehensive plan and future land-use map as identified herein after compliance with F.S. 163.3187 and F.S. 163.3184(11). Section 5. Scrivener’s Errors. Scrivener’s errors in the legal description may be corrected without a public hearing or at public meeting, by re-recording the original ordinance or a certified copy of the ordinance and attaching the correct legal description. Section 6. Repeal All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. Adoption After adoption, a copy hereof shall be forwarding to the Department of Economic Opportunity. Section 8. Effective Date This ordinance shall become effective upon the 31st day after adoption unless timely challenged, and then will become effective upon the date a final order is issued by the Department of Economic Opportunities or Administration Commission finding the amendment in compliance in accordance with Section 163.3187, Florida Statutes. No development permits or land uses dependent on this amendment may be issued or commence before it has become effective. BE IT ORDAINED at a regular meeting of the City Council of the City of Groveland, Lake County, Florida, this _______ day of ______________, 2022. _______________________________________ Evelyn Wilson, Mayor City of Groveland, Florida Attest: _____________________________________ Virginia Wright, City Clerk ~ Groveland FLORIDA City with Natuml Charm· Approved as to form and legality: ________________________________ Anita Geraci-Carver, City Attorney First Reading __________________ Second Reading ________________ Council Member ______________ moved the passage and adoption of the above and foregoing Ordinance. Motion was seconded by Council Member ________________ and upon roll call on the motion the vote was as follows: YEA NAY Barbara Gaines Mike Radzik Mike Smith Randolph Waite Evelyn Wilson ATTACHMENT 1  ORDINANCE 2022-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVELAND, FLORIDA, TO CHANGE THE ZONING FROM LAKE COUNTY PUD TO CITY OF GROVELAND PUD FOR THE HEREIN DESCRIBED PROPERTY OWNED BY MATTAMY ORLANDO LLC AND LOCATED NORTH OF U.S. HIGHWAY 27, EAST OF O’BRIEN ROAD AND WEST OF THE FLORIDA TURNPIKE; DIRECTING THE CITY MANAGER TO AMEND THE ZONING MAP AS HEREIN PROVIDED AFTER THE PASSAGE OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SCRIVENER’S ERRORS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, S. Brent Spain, Esquire, on behalf of the property owner Arroyo Cap II-2, LLC, a Delaware limited liability company requested a rezoning from Lake County PUD to City of Groveland PUD; and WHEREAS, the subject property consists of 39.66 +/- acres located, and is more particularly described herein, consisting of Lake County Parcel Id No. 21-21-25-0001-000-00300 (the “Property”); and WHEREAS, the Property receive a PUD zoning designation by Lake County, and has been developed consistent with Lake County PUD Ordinance 2019-75; however, the Property is located in the City of Groveland’s Ch. 180 utility district and is being furnished water, wastewater and reuse utility services by the City; and WHEREAS, the Property received final plat approval by Lake County and has been developed consistent with the final plat; and WHEREAS, the Property annexed into the City of Groveland consistent with a covenant to annex provided by the property owner following final plat approval and development; and WHEREAS, the property has a City of Groveland future land use designation of Established Neighborhood as shown on the City of Groveland Comprehensive Plan Future Land Use Map; and WHEREAS, the proposed zoning is consistent with the future land use designation; and WHEREAS, the Planning and Zoning Board of the City of Groveland held a public hearing on this ordinance which was advertised in accordance with law prior to the meeting; and WHEREAS, the City has held such public hearing and the records of the City provide that the owners of the land affected have been notified as required by law; and WHEREAS, this Ordinance has been advertised in a newspaper of general circulation in the City no less than 10 days prior to the public hearing. 1 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Groveland, Florida, as follows: Section 1: Zoning Classification. That the Property more particularly described in Exhibit A (the “Property”) shall be designated as City of Groveland PUD in accordance with Community Development Code of the City of Groveland, Florida, and this Ordinance. The Property is more particularly depicted in Exhibit B attached hereto and incorporated herein. Section 2: Terms. The uses of the Property will be limited to those uses specified in this Ordinance and generally consistent with the Conceptual Plan attached as Exhibit C. To the extent there are conflicts between Exhibit C and this Ordinance, this Ordinance will take precedence. A. Permitted Land Uses. 1. Residential (153 residential lots). Accessory uses may be approved by the City Manager or designee. Any other use of the property will require approval of an amendment to this Ordinance by the City Council. B. Open Space, Impervious Surface Ratio, and Building Height. 1. Building Height shall not exceed forty (40) feet, maximum. 2. The maximum Impervious Surface Ratio (ISR) will be 0.70 per residential lot. The preliminary plat must calculate the maximum ISR allowed on each platted lot. 3. The development shall provide a minimum of 20% open space of the net developable area, consistent with the Comprehensive Plan, as amended. 4. All other development standards must be in accordance with the Comprehensive Plan and Land Development Regulations (LDR), as amended. C. Development Standards/Design Criteria. 1. All buildings shall utilize three (3) of the following design features including garage vehicle doors to provide visual relief along all elevation of the building. Designs may vary throughout the development. a. Dormers b. Gables c. Recessed or raised entries d. Covered porch entries 2  e. Cupolas f. Pillars or decorative posts g. Bay window (minimum 12 inch projections) h. Eaves (minimum 6-inch projections) i. Front windows with arched glass tops and minimum 4-inch trim j. Garage vehicle doors shall incorporate the following elements: raised decorative panels, decorative glass panels or panes, decorative hinges, etc. k. Front doors shall incorporate the following decorative panels, decorative glass panels or panes, decorative handles, etc. 2. The total exterior wall area of each building elevation shall be composed of one of the following: a. At least thirty-five percent (35%) full-width brick or stone (not including window and door areas and related trim areas), with the balance being any type of lap siding and/or stucco. b. At least thirty percent (30%) full-width brick or stone, with the balance being stucco and/or a “cementitious” lap siding. (A “cementitious” lap siding product is defined as a manufactured strip siding composed of cement-based materials rather than wood fiber-based or plastic-based materials. For example, Masonite or vinyl lap siding would not be allowed under this option). 3. All other development standards/design criteria shall adhere to architectural design standards in accordance with the Comprehensive Plan and Land Development Regulations (LDR), as amended. D. Setbacks. The minimum setbacks for residential development will be as specified below, as measured from the property line: Multiple/Second Development Front¹ Side Rear2 ary Front Single Family Fifteen (15) Twenty (20) Five (5) Feet Fifteen (15) feet Residence Feet Feet Note 1: Garages shall have a twenty-five (25) foot setback from the front property line. Note 2: Pools, pool enclosures, screen rooms, sheds and similar accessory structures shall have a five (5) foot side and rear setback. 1. Driveways for single family lots shall be setback a minimum of five (5) feet from the side property lines. 3  2. With the exception of water dependent structures, all development must be setback a minimum of fifty (50) feet from the jurisdictional wetland line. 3. Any setback not specified herein must be in accordance with the Lake County Land Development Regulations (LDR), as amended. E. Parking Requirements. Off-street parking must be provided in accordance with the Lake County Land Development Regulations (LDR), as amended. F. Landscaping, Buffering, and Screening. 1. Trees within the residential lots and other parcels, including common areas, shall be a minimum distance of ten (10) feet from right-of-way or sidewalk, whichever is greater. 2. All new development must provide landscaping in accordance with the Lake County Land Development Regulations (LDR), as amended. G. Environmental Requirements. 1. An environmental assessment dated within six (6) months of the Preliminary Plat submittal date is required. The environmental assessment will need to indicate the presence of vegetation, soils, threatened and endangered species that may exist on the site. Any State permitting or mitigation will be required before development can commence. 2. Environmental resources shall be protected in accordance with the Comprehensive Plan and Land Development Regulations (LDR), as amended. 3. Open space shall be provided in accordance with the Comprehensive Plan, as amended. 4. All wetlands within the property shall be placed into a conservation easement that shall run in favor of, and be enforceable by, a homeowners’ association, a public agency acceptable to Lake County, or Lake County, at its option. The conservation easement shall require that all wetlands and wetland buffers be maintained in their natural and unaltered state. Any such easement shall allow access to water dependent structures such as docks and walkways. H. Noise. A noise assessment will be required with submittal of the development application to demonstrate compliance must be in accordance with the Lake County Land Development Regulations, as amended. I. Stormwater and Floodplain Management. 1. The stormwater management system must be designed in accordance with all applicable Lake County and St. Johns River Water Management District requirements, as amended. 2. The developer shall be responsible for any flood studies required for developing the site and comply with the Federal Emergency Management Agency (FEMA) requirements, Comprehensive Plan, and Land 4  Development Regulations (LDR), as amended. Any development within the floodplain as identified on the FEMA maps will require compensating storage. J. Transportation Improvements. 1. Additional right-of-way will be required for O’Brien Road. 2. Offsite road improvements will be required on O’Brien Road at the time of development. 3. All other access management shall be in accordance with the Comprehensive Plan and Land Development Regulations, as amended. K. Utilities. The development shall be served with central potable water and central sewer, by the City of Groveland, Florida. L. Lighting. Exterior lighting must be in accordance with the Lake County Land Development Regulations, as amended, and consistent with Dark-Sky Principles. M. Signage. All signage must be in accordance with the Lake County Land Development Regulations, as amended. N. Concurrency Management Requirements. Any development must comply with the Lake County Concurrency Management System, as amended. O. Development Review and Approval. 1. Prior to the issuance of any permits, the Applicant shall be required to submit a preliminary plat, construction plans, and final plat generally consistent with the Concept Plan as shown on EXHIBIT "B" for review and approval in accordance with the Comprehensive Plan and Land Development Regulations (LDR), as amended. 2. PUD Expiration: Physical development shall commence within three (3) years from the date of this Ordinance approval. Failure to commence construction within three (3) years of approval shall cause the revocation of this ordinance, in accordance with the Comprehensive Plan or superseding documents amended. Prior to expiration of the three (3) year time frame, the Board of County Commissioners may grant, via a Public Hearing, one (1) extension of the time frame for a maximum of two (2) years upon a showing that reasonable efforts have been made towards securing the required approvals and commencement of work. 3. Final approval of development shall require action by the Board of County Commissioners. Section 3. Conditions. A. After establishment of the facilities as provided in this Ordinance, the property may only be used for the purposes identified in this Ordinance. Any other proposed use must be specifically authorized by the City Council of the City of Groveland. 5  B. No person, firm, or corporation may erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building structure, add other uses, or alter the land in any manner within the boundaries of the above described land without first obtaining the necessary approvals in accordance with the City of Groveland Community Development Code, as amended, and obtaining the permits required from the other appropriate governmental agencies. C. This Ordinance will inure to the benefit of, and will constitute a covenant running with the land, and the terms, conditions, and provisions of this Ordinance will be binding upon the present Owners and any successor, and will be subject to each and every condition set out in this Ordinance. D. The transfer of ownership or lease of any or all of the property described in this Ordinance must include in the transfer or lease agreement, a provision that the purchaser or lessee is made good and aware of the conditions established by this Ordinance and agrees to be bound by these conditions. The purchaser or lessee may request a change from the existing plans and conditions by following the procedures contained in the Land Development Regulations, as amended. E. Action by the City of Groveland Code Enforcement Special Master. The City of Groveland Code Enforcement Special Master will have authority to enforce the terms and conditions set forth in this Ordinance and to recommend that the ordinance be revoked. Section 4: Consistent with Comprehensive Plan. That the zoning classification is consistent with the Comprehensive Plan of the City of Groveland, Florida. Section 5: Official Zoning Map. That the City Manager, or designee, is hereby directed to amend, alter, and implement the official zoning maps of the City of Groveland, Florida, to include said designation consistent with this Ordinance. Section 6: Severability. That if any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. Section 7: Scrivener’s Errors. Scrivener’s errors in the legal description may be corrected without a public hearing or at a public meeting, by re-recording the original ordinance or a certified copy of the ordinance and attaching the correct legal description. Section 8: Conflict. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 9: Effective Date. This Ordinance shall become effective immediately upon its approval and adoption by City Council of the City of Groveland. 6 BE IT ORDAINED at a regular meeting of the City Council of the City of Groveland, Lake County, Florida, this _______ day of ______________, 2022. _______________________________________ Evelyn Wilson, Mayor City of Groveland, Florida Attest: _____________________________________ Virginia Wright, City Clerk ~ Groveland FLORIDA City with Natuml Charm· Approved as to form and legality: ________________________________ Anita Geraci-Carver, City Attorney First Reading __________________ Second Reading ________________ Council Member ______________ moved the passage and adoption of the above and foregoing Ordinance. Motion was seconded by Council Member ________________ and upon roll call on the motion the vote was as follows: YEA NAY Barbara Gaines Mike Radzik Mike Smith Randolph Waite Evelyn Wilson 7 ATTACHMENT 1  ORDINANCE 2022-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVELAND, LAKE COUNTY, FLORIDA, AMENDING THE CITY OF GROVELAND’S COMPREHENSIVE PLAN PURSUANT TO 163.3187(1), FLORIDA STATUTES, BY AMENDING THE COMPREHENSIVE LAND-USE PLAN DESIGNATION FROM LAKE COUNTY URBAN MEDIUM TO CITY OF GROVELAND ESTABLISHED NEIGHBORHOOD ON THE FUTURE LAND-USE MAP FOR THE HEREIN DESCRIBED PROPERTY CONSISTING OF 39.66 +/- ACRES; AUTHORIZING THE CITY MANAGER TO AMEND SAID COMPREHENSIVE PLAN; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND SCRIVENER’S ERRORS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Groveland, Florida adopted Ordinance 92-02-01, adopting the Comprehensive Plan for the City of Groveland which has since been amended, and WHEREAS, the request for this small-scale plan amendment is initiated by S. Brent Spain, Esquire, on behalf of the property owner Arroyo Cap II-2, LLC, a Delaware limited liability company; and WHEREAS, the Planning and Zoning Board of the City of Groveland held a public hearing on this ordinance which was advertised in accordance with law prior to the meeting, and WHEREAS, the City Council of the City of Groveland public hearing has been advertised as required by law for one public hearing with the public hearing occurring at least 5 days after the advertisement was published; and WHEREAS, the City Council of the City of Groveland hereby finds and determines that the plan amendment is internally consistent with the City’s Comprehensive Plan; and WHEREAS, it is in the best interests of the City of Groveland to amend the Comprehensive Plan for the City of Groveland as set forth herein. WHEREAS, the City of Groveland desires to amend the Comprehensive Plan for the City of Groveland as set forth below. Now, therefore, it be ordained by the City Council of the City of Groveland, Florida: Section 1. Legislative Findings. The recitals set forth above are hereby adopted as legislative findings of the City Council of the City of Groveland. Section 2. Comprehensive Plan Amendment A. The Property is legally described in Exhibit A attached hereto and incorporated herein, consisting of 39.66 +/- acres, more or less, (the “Property”).  B. That portion of the Future Land Use Element referenced as the Future Land Use Map of the City of Groveland Comprehensive Plan is hereby amended by changing the designation of the Property, on the City of Groveland Future Land Use Map from Lake County Urban Medium and designating the Property on the Future Land Use Map to: CITY OF GROVELAND – ESTABLISHED NEIGHBORHOOD Exhibit B (attached hereto and incorporated herein) – Future Land Use Map amendment Section 3. Severability Upon a determination that by a court of competent jurisdiction that a portion of this ordinance or the comprehensive plan adopted hereby is void, unconstitutional or unenforceable, all remaining portions shall remain in full force and effect. Section 4. Direction to the City Manager. Upon the Effective Date of this ordinance, the City Manager is hereby authorized to amend the comprehensive plan and future land-use map as identified herein after compliance with F.S. 163.3187 and F.S. 163.3184(11). Section 5. Scrivener’s Errors. Scrivener’s errors in the legal description may be corrected without a public hearing or at public meeting, by re-recording the original ordinance or a certified copy of the ordinance and attaching the correct legal description. Section 6. Repeal All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. Adoption After adoption, a copy hereof shall be forwarding to the Department of Economic Opportunity. Section 8. Effective Date This ordinance shall become effective upon the 31st day after adoption unless timely challenged, and then will become effective upon the date a final order is issued by the Department of Economic Opportunities or Administration Commission finding the amendment in compliance in accordance with Section 163.3187, Florida Statutes. No development permits or land uses dependent on this amendment may be issued or commence before it has become effective. BE IT ORDAINED at a regular meeting of the City Council of the City of Groveland, Lake County, Florida, this _______ day of ______________, 2022. _______________________________________ Evelyn Wilson, Mayor City of Groveland, Florida Attest: _____________________________________ Virginia Wright, City Clerk ~ Groveland FLORIDA City with Natuml Charm· Approved as to form and legality: ________________________________ Anita Geraci-Carver, City Attorney First Reading __________________ Second Reading ________________ Council Member ______________ moved the passage and adoption of the above and foregoing Ordinance. Motion was seconded by Council Member ________________ and upon roll call on the motion the vote was as follows: YEA NAY Barbara Gaines Mike Radzik Mike Smith Randolph Waite Evelyn Wilson ATTACHMENT 1  RESOLUTION 2022-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVELAND, FLORIDA, GRANTING PRELIMINARY PLAT APPROVAL OF THE ISLAND AT CHERRY LAKE VILLAGE GENERALLY LOCATED NORTH OF STATE ROAD 50, EAST OF STATE ROAD 19, SOUTH OF CHERRY LAKE ROAD AND WEST OF WEST APSHAWA ROAD, GROVELAND, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant has petitioned for preliminary plat approval of The Island at Cherry Lake Village; and WHEREAS, the subject property consisting of 175.96 +/- acres is zoned Village Core, Village Center and Village Edge; and WHEREAS, the Planning and Zoning Board has considered the application in accordance with the Article 2, section L. of the City of Groveland Community Development Code and made recommendation to the City Council; and WHEREAS, the City Council of the City of Groveland has considered the application in accordance with the procedures for granting Preliminary Plat Approval set forth in Article 2, section L. of the City of Groveland Community Development Code; and WHEREAS, the City Council finds that the Preliminary Plat of The Island at Cherry Lake Village is in compliance with the City’s community and land development regulations. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GROVELAND, LAKE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Granting of Preliminary Plat Approval. Approval of the Preliminary Plat of The Island at Cherry Lake Village, a copy of which is attached hereto, is GRANTED. Section 2. Effective Date. This resolution shall become effective immediately upon its passage. PASSED and ADOPTED at a regular meeting of the City Council of the City of Groveland, Lake County, Florida this ___ day of ______________________, 2022. _____________________________________________ Evelyn Wilson, Mayor City of Groveland, Florida ATTEST: _____________________________________________ Virginia Wright, City Clerk Groveland FLORIDA City with Natural Charm- Approved as to Form: _____________________________________________ Anita Geraci-Carver City Attorney Passed First Reading ____________________________ Council Member ___________________________ moved the passage and adoption of the above and foregoing Resolution. Motion was seconded by Council Member _________________________________ and upon roll call on the motion the vote was as follows: YEA NAY Barbara Gaines Mike Radzik Mike Smith Randolph Waite Evelyn Wilson ATTACHMENT 1  RESOLUTION 2022-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVELAND, FLORIDA, GRANTING PRELIMINARY PLAT APPROVAL OF SPRINGS AT CHERRY LAKE VILLAGE GENERALLY LOCATED NORTH OF STATE ROAD 50, EAST OF STATE ROAD 19, SOUTH OF CHERRY LAKE ROAD AND WEST OF WEST APSHAWA ROAD, GROVELAND, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant has petitioned for preliminary plat approval of Springs at Cherry Lake Village; and WHEREAS, the subject property consisting of 38.117 +/- acres is zoned Village Center and Village Edge; and WHEREAS, the Planning and Zoning Board has considered the application in accordance with the Article 2, section L. of the City of Groveland Community Development Code and made recommendation to the City Council; and WHEREAS, the City Council of the City of Groveland has considered the application in accordance with the procedures for granting Preliminary Plat Approval set forth in Article 2, section L. of the City of Groveland Community Development Code; and WHEREAS, the City Council finds that the Preliminary Plat of Springs at Cherry Lake Village is in compliance with the City’s community and land development regulations. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GROVELAND, LAKE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Granting of Preliminary Plat Approval. Approval of the Preliminary Plat of Springs at Cherry Lake Village, a copy of which is attached hereto, is GRANTED. Section 2. Effective Date. This resolution shall become effective immediately upon its passage. PASSED and ADOPTED at a regular meeting of the City Council of the City of Groveland, Lake County, Florida this ___ day of ______________________, 2022. _____________________________________________ Evelyn Wilson, Mayor City of Groveland, Florida ATTEST: _____________________________________________ Virginia Wright, City Clerk Groveland FLORIDA City with Natural Charm · Approved as to Form: _____________________________________________ Anita Geraci-Carver City Attorney Passed First Reading ____________________________ Council Member ___________________________ moved the passage and adoption of the above and foregoing Resolution. Motion was seconded by Council Member _________________________________ and upon roll call on the motion the vote was as follows: YEA NAY Barbara Gaines Mike Radzik Mike Smith Randolph Waite Evelyn Wilson ATTACHMENT 1  RESOLUTION 2022-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVELAND, FLORIDA, GRANTING PRELIMINARY PLAT APPROVAL OF THE CAPE AT CHERRY LAKE VILLAGE AND GRANTING PRELIMINARY PLAT APPROVAL OF THE VISTA AT CHERRY LAKE VILLAGE, BOTH GENERALLY LOCATED NORTH OF STATE ROAD 50, EAST OF STATE ROAD 19, SOUTH OF CHERRY LAKE ROAD AND WEST OF WEST APSHAWA ROAD, GROVELAND, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant has petitioned for preliminary plat approval of The Cape at Cherry Lake Village and of The Vista at Cherry Lake Village; and WHEREAS, the subject properties consist of 19.701 +/- acres and 23.334 +/- acres respectively and are zoned Village Center and Village Edge; and WHEREAS, the Planning and Zoning Board has considered the application in accordance with the Article 2, section L. of the City of Groveland Community Development Code and made recommendation to the City Council; and WHEREAS, the City Council of the City of Groveland has considered the application in accordance with the procedures for granting Preliminary Plat Approval set forth in Article 2, section L. of the City of Groveland Community Development Code; and WHEREAS, the City Council finds that the Preliminary Plat of The Cape at Cherry Lake Village is in compliance with the City’s community and land development regulations; and WHEREAS, the City Council finds that the Preliminary Plat of The Vista at Cherry Lake Village is in compliance with the City’s community and land development regulations. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GROVELAND, LAKE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Granting of Preliminary Plat Approval. Approval of the Preliminary Plat of The Cape at Cherry Lake Village, a copy of which is attached hereto, is GRANTED. Approval of the Preliminary Plat of The Vista at Cherry Lake Village, a copy of which is attached hereto, is GRANTED. - ---------- Section 2. Effective Date. This resolution shall become effective immediately upon its passage. PASSED and ADOPTED at a regular meeting of the City Council of the City of Groveland, Lake County, Florida this ___ day of ______________________, 2022. _____________________________________________ Evelyn Wilson, Mayor City of Groveland, Florida ATTEST: _____________________________________________ Virginia Wright, City Clerk Groveland FLORIDA City with Natural Charm- Approved as to Form: _____________________________________________ Anita Geraci-Carver City Attorney Passed First Reading ____________________________ Council Member ___________________________ moved the passage and adoption of the above and foregoing Resolution. Motion was seconded by Council Member _________________________________ and upon roll call on the motion the vote was as follows: YEA NAY Barbara Gaines Mike Radzik Mike Smith Randolph Waite Evelyn Wilson ATTACHMENT 1  ORDINANCE 2021-50 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVELAND, FLORIDA, VACATING CERTAIN RIGHTS OF WAY SHOWN ON THE PLAT OF GROVELAND FARMS, AS RECORDED IN PLAT BOOK 2, PAGES 10 AND 11, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, LOCATED IN SECTION 3, TOWNSHIP 22 SOUTH, RANGE 25 EAST, SECTION 4, TOWNSHIP 22 SOUTH, RANGE 25 EAST, AND SECTION 9, TOWNSHIP 22 SOUTH, RANGE 25 EAST; VESTING OF TITLE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS AND SCRIVENER’S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council is empowered pursuant to §166.042, Florida Statutes, to vacate public rights of ways within its municipal boundaries; and WHEREAS, the City Council of the City of Groveland, Florida, has determined that the rights-of-way described herein below, are not needed for public use and convenience, now or in the future, and it is in the public interest to abandon the same as a right-of-way; and WHEREAS, the Planning and Zoning Board considered the petition to vacate right of way at a public hearing and made a recommendation to city council; and WHEREAS, this Ordinance has been properly noticed as provided for in Section 1.2, Article 1 of the City of Groveland Community Development Code. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GROVELAND, FLORIDA: Section 1: Vacation. The rights-of-way as described and depicted in Exhibit A attached hereto are hereby closed and vacated as a public right-of-way. Section 2: Vesting of title. Title to said vacated rights-of-way shall vest in accordance with law. Section 3: Severability. That if any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. Section 4: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Scrivener’s Errors. Scrivener’s errors in the legal description may be corrected without a public hearing or at public meeting, by re-recording the original ordinance or a certified copy of the ordinance and attaching the correct legal description. Section 6: Effective Date. This Ordinance shall become effective immediately upon its approval and adoption by the City Council of the City of Groveland. ADOPTED at a regular meeting of the City Council of the City of Groveland, Lake County, Florida, this ______ day of ___________________, 2022. ______________________________________ Evelyn Wilson, Mayor City of Groveland, Florida ATTEST: _____________________________ Virginia Wright City Clerk r; ~ Groveland FLORIDA City with Natural Charm· Approved as to Form: __________________________ Anita Geraci-Carver City Attorney Passed First Reading ___________ Passed Second Reading ___________ Council Member ______________ moved the passage and adoption of the above and foregoing Ordinance. Motion was seconded by Council Member ________________ and upon roll call on the motion the vote was as follows: YEA NAY Barbara Gaines Mike Radzik Mike Smith Randolph Waite Evelyn Wilson