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Home My WebLink About2016 03 28 Public Hearing 401 Ordinance 2016-07, First Reading, Amend the List of Permitted, Conditional, and Prohibited Uses in the Town Center Zoning DistrictCOMMISSION AGENDA ITEM 401 REQUEST: Informational Consent Public Hearings X Regular March 28, 2016 KS RS Regular Meeting City Manager Department The Community Development Department — Planning Division requests the City Commission consider Ordinance 2016 -07, which proposes to amend the list of permitted, conditional and prohibited uses in the Town Center zoning district. SYNOPSIS: Ordinance 2016 -07 proposes to amend the list of permitted, conditional and prohibited uses in the Town Center zoning district, specifically in the various transects located within the Town Center. Many of the permitted, conditional, and prohibited uses located in the Town Center district have been in place since the adoption of the original Town Center District Code in 2000. Staff undertook the task of this update to modernize the list of land uses contained within the Town Center zoning district to more accurately reflect the collective direction of the City regarding the composition and direction of development for all properties within the Town Center zoning district. CONSIDERATIONS: APPLICANT AND PROPERTY INFORMATION: . Applicant name and address and authorized representative: City of Winter Springs, 1126 East State Road 434, Winter Springs, FL 32708. . Property owner's name(s): Not applicable . Property addresses: Not applicable Public Hearings 401 PAGE 1 OF 4 - March 28, 2016 . Property Parcel ID numbers: Not applicable . Current FLUM Designations: Not applicable . Current Zoning Designations: Not applicable . Previously Approved Development permits such as conditional use, waiver, or variance if any): Not applicable . Development Agreements (if any): Not applicable . Pending Code Enforcement Actions (if any): Not applicable . City Liens if any): Not applicable APPLICABLE LAW, PUBLIC POLICY, AND EVENTS Florida Statutes 163.2511- 163.3246: (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15. Ordinances in General. City of Winter Springs Comprehensive Plan Winter Springs Code of Ordinances, Chapter 20, Zoning, Article III - Establishment of Districts, Division 12 - Town Center District Code DISCUSSION: Recently, staff conducted a review of the City's zoning districts related to enhancing the City's ability to diversify its tax base by increasing the possibility of bringing future commercial development to the City with the goal of creating jobs to enhance the City's economy. Staff noted that several of the permitted, conditional, and prohibited uses contained within the Town Center District Code have been in place since the adoption of the original Town Center District Code in 2000. The list of permitted, conditional, and prohibited uses in the Town Center needs to be updated to provide better regulatory guidelines to help facilitate a higher and more diverse quality of development for all properties within the Town Center zoning district, specifically in regards to the development and preservation of properties that can be developed for commercial uses. It has been evident for some time that there is a limited amount of land, and therefore opportunities, available for commercial development remaining in the City. It is a goal of the City to maximize the potential for commercial development in the City. Diversification of the City's tax base is vital to the future economic well -being of the City. Additional commercial development within the City is necessary to diversify the tax base, which is currently 88.55- percent residential and 11.45- percent commercial. Therefore, staff is proposing Ordinance 2016 -07, which details updates to the permitted uses section in the Town Center District Code. A breakdown of the updates to the code are as follows: Removes Bathroom Accessories, Bowling Alleys, Car Wash, Government Service Facilities, and Telephone Business Office and Exchanges from the list of permitted, conditional and prohibited uses in the Town Center. Requires a Special Exception in the T5 (Urban Center Zone) transect for Public Hearings 401 PAGE 2 OF 4 - March 28, 2016 Amusement Enterprises, Private Commercial. This was a permitted use in this transect. Requires a Special Exception in the T5 (Urban Center Zone) transect for Automotive Accessories Sales. This was a permitted use in this transect. Requires a Special Exception in all transects for Churches. This was a permitted use in all transects. Requires a Special Exception in the T5 (Urban Center Zone) transect for Financial Institutions, Banks, Savings and Loan. This was a permitted use in this transect. Requires Loan Companies to obtain a Special Exception in the T4 (General Urban Zone) and the T5 (Urban Center Zone) transects. This was a permitted use in these transects. Allows Manufacturing and Assembly of Scientific and Optical Precision Instruments as a permitted use in the T5 (Urban Center Zone) transect. This was previously not permitted in the T5 transect. Requires Municipal Buildings to obtain a Special Exception in the T3 (Suburban Zone), T4 (General Urban Zone) and the T5 (Urban Center Zone) transects. This was a permitted use in these transects. Removes "and wholesale" from Nurseries, Plants, Trees, etc. and Retail and does not permit this use as a Special Exception in the T4 (General Urban Zone) transect. This required a Special Exception in the T4 transect. Adds "standalone" to Parking Garages, and requires a Special Exception for this use in the T5 (Urban Center Zone) transect. This was a permitted use in the T5 transect. Adds "federal government" to Post Office and requires a Special Exception in the T4 (General Urban Zone) and the T5 (Urban Center Zone) transect. This was a permitted use in these transects. Adds "excluding auto /truck rentals" to Rental Stores. Corrects a scrivener's error by removing Retirement Homes, including Independent Living Through Assisted Living as a Special Exception in the T2 (Rural Zone) transect and requiring this use as a Special Exception in the T5 (Urban Center Zone) transect. This use was not previously addressed in the T5 (Urban Center Zone) transect. Removes Residential, Multifamily as a permitted use in the T3 (Suburban Zone), T4 (General Urban Zone), and T5 (Urban Center Zone) and requires a Special Exception in the T4 (General Urban Zone) and the T5 (Urban Center Zone) for this use. This was a permitted use in the T3, T4, and T5 transects. Removes Taxidermists as a Special Exception in the T3 (Suburban Zone). Public Hearings 401 PAGE 3 OF 4 - March 28, 2016 Requires Tobacco Shops to obtain a Special Exception in the T4 (General Urban Zone) and the T5 (Urban Center Zone) transects. This was a permitted use in these transects. Requires a Special Exception in the T3 (Suburban Zone), T4 (General Urban Zone), T5 (Urban Center Zone), and C/P (Civic/Public) transects for any similar retail or business enterprise that is permitted in a different Town Center transect or other zoning district within the City. FISCAL IMPACT: There is no direct fiscal impact associated with this agenda item. However, the revision of the permitted uses section within the Town Center District is anticipated to preserve areas for commercial development, which generates higher ad valorem taxes and furthers the City's goal of diversifying the tax base. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. This item was advertised in the Orlando Sentinel on March 3, 2016. RECOMMENDATION: Staff and the Planning & Zoning Board recommend the City Commission approve first reading of Ordinance 2016 -07, which proposes to amend the list of permitted, conditional and prohibited uses in the Town Center zoning district, and move said ordinance forward to second and final reading. ATTACHMENTS: A. Ordinance 2016 -07 B. Advertisement, Orlando Sentinel - March 3, 2016 C. Minutes, Planning & Zoning Board - March 16, 2016 Public Hearings 401 PAGE 4 OF 4 - March 28, 2016 ORDINANCE NO. 2016-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; AMENDING THE LIST OF PERMITTED USES IN THE TOWN CENTER ZONING DISTRICT WHICH ARE CURRENTLY CODIFIED AND SET FORTH IN SECTION 20 -323 OF THE CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission desires to amend the Town Center District Code to amend and update the list of permitted and special exception uses allowed in the various Town Center Transects; and WHEREAS, this Ordinance was reviewed and recommended by the City's planning staff and the City's Land Planning Agency after a duly held public hearing on ; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code of Ordinances, Section 20 -323 Permitted Uses in the Town Center Zoning District is hereby amended as set forth in the attached Exhibit "A." Said exhibit is hereby fully incorporated herein by this reference. (underlined type on Exhibit "A" indicates additions and stfikeett t type on Exhibit "A" indicates deletions from Section 20 -323). Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Winter Springs Ordinance No. 2016 -07 Page 1 of 2 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the th day of )2016. CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO- LUACES, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2016 -07 Page 2 of 2 SECTION 20 -323. PERMITTED USES P — Permitted Use r+ght SE - Special Exception required T1 T2 T3 T4 T5 C/P Administrative public buildings P P P Adult congregate living facility SE SE SE Advertising agencies SE P P Alcoholic beverage sales (package) P P Alcoholic beverage on- premises consumption P P Alterations and tailoring P P P Amusement enterprises, private commercial SE PSE Antique and gift shop P P P Appliances, sales and service P P Artists' studios P P P Automobile Repair Shops (routine service) SE Automotive accessories sales SE PSE Bakery, wholesale and retail P P P R P P Bed and breakfast inn P P P Bicycles, sales and service P P P Bookkeepers P P P Bookstores, stationery, newsstands P P Bewling alleys SE ;sE SE Bus terminal (exclusive of bus stops) SE Bridal shops P P Butcher shop, retail only P P P Carpets, rugs and linoleum P P GEIF Welsh SE SE Churches (with or without educational and recreational buildings and facilities) PSE PSE PSE PSE PSE Cleaners (Retail) P P P Coin dealers P P P Computers, hardware and software sales and service P P P Confectionery and ice cream stores P P P Convention center SE P P Corner store or neighborhood convenience store without gas pumps P P P Corner store or neighborhood convenience store with gas pumps SE Dance and music studios P P P Day care centers SE SE SE Drug and sundry stores P P Dry cleaner P P Equestrian facilities SE SE SE P — Permitted Use r+ght SE - Special Exception required P — Permitted Use by right SE - Special Exception required T1 T2 T3 T4 T5 C/P Employment agencies P P Financial institutions, banks, savings and loan SE PSE Florist and gift shops P P P Furniture, retail, new and used P P Gas Stations SE SE G_..______. ___..:__ c__n:.:__ Grocers, retail and wholesale SE P P Gun shop (retail, no gun range) SE P P Hair, nail and tanning salons P P P Hardware stores P P Health food P P P Hobby and craft shops P P P Home occupations P P P Hospitals and nursing homes SE SE Hotel P Inn P P Insurance P P P Interior decorating and draperies P P P Jewelry stores P P P Launderettes and Laundromats SE SE Libraries P P P Loan companies PSE PSE Locksmiths P P P Luggage shops P P P Manufacturing and assembly of scientific and optical precision instruments SE P P Medical clinics and laboratories P P Municipal buildings PSE PSE PSE P Museums and /or cultural institutions SE P P Nurseries, plants, trees, etc., retail end whe4esele SE SE SE SE SE Offices P P P P Paint store P P Parking garages. standalone SE PSE P Parks (public) and public recreation areas and facilities P P Pet shops and grooming P P P Photographic studios P P P Physical fitness and health clubs P P Post office (federal government) PSE PSE P Printers, commercial SE Private clubs and lodges SE P P Public restrooms P Public utilities and service structures SE SE SE SE SE SE P — Permitted Use by right SE - Special Exception required T1 T2 T3 T4 T5 C/P Quick printers P P Radio and TV broadcasting studios, excluding towers P P Radio and TV sales and service P P Reception facilities (meeting rooms, etc.) P P P Rental stores, excluding auto truck rentals P P P Retirement homes, including independent living through assisted living SE SE SE SE Residential, single family (attached) P P P Residential, single family (detached) P P SE Residential, multifamily P P SE P SE Restaurants P P P Schools SE SE SE Shoe repair shops P P P Sidewalk cafes P P P Skating rinks SE SE SE Snack shops P P P Sporting goods, retail P P P Stadiums and arenas SE SE Swimming pools; sales, service and supplies SE SE SE Tailoring shops P P P Taxidermists 3E SE SE T_I_._L_.-_ L.._:____ _LC:__ and P P Theaters, not drive -ins SE P P Title companies SE P P Tobacco shops PSE PSE Town Center marketing and sales center P P P P Toy stores P P P Trail heads P P P P P P Travel agencies P P P Veterinary clinics (no overnight boarding) SE SE Wearing apparel stores P P P Any other similar retail store or business enterprise permitted in the relevant transect, provided the proposed use is PSE PSE PSE PSE not l:_a_J that in the judgement _f the specifically limited to a different Town Center transect or some other zoning district within the city and provided a special exception is approved by the city commission. Approved special exceptions may be conditioned upon a required development agreement at the discretion of the City Commission to address development terms and conditions related to the approved special exception use J:_a :_ald is within the city and censistent Nen. P — Permitted Use by right SE - Special Exception required CITY OF LAKE MARY NOTICEi'O�� Io Flit C0MPREHEN §iiV PLAN CHANGE NOTICE OF ADOPTION PUBLIC HEARING The City of Lake Mary proposes to adopt the following ordinance: ORDINANCE NO. 1532 AN ORDINANCE OF THE CITY OF LAKE MARY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OF LAKE MARY, FLORIDA; SETTING FORTH AND ADOPTING COMPREHENSIVE PLAN TEXT AMENDMENTS REFERENCED AS 2015 -LU -01, BY AMENDING FUTURE LAND USE ELEMENT POLICY 1.4 BY ESTABLISHING THE MIXED USE MIDTOWN (MUMT) LAND USE DESIGNATION AND AMENDING FUTURE LAND USE ELEMENT TABLE GOP -1; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. NOTICE IS HEREBY GIVEN by the City Commission of the City of Lake Mary, Florida that said Commission will be holding an Adoption Public Hearing on Thursday, March 17, 2016 at 7:00 p.m., or as soon as possible thereafter, to consider an Expedited State Review Comprehensive Plan amendment to the City's Comprehensive Plan, creating the Mixed Use Midtown (MUMT) Future Land Use Category, providing for the Adoption of the proposed amendments. The City Commission will be discussing the above referenced application to create the Mixed Use Midtown (MUMT) Future Land Use Category and to amend Future Land Use Element Table GOP -1. A copy of the staff report is available for inspection by the public in the Community Development Department, Lake Mary Municipal Services Building, 911 Wallace Court., Lake Mary, Florida 32746, Monday through Friday, from 8:00 A.M. until 5:00 P.M., or you may call Stephen Noto, City Planner, at (407) 585 -1440 for more information regarding the proposed amendment. The Public Hearing will be held in the City of Lake Mary Commission Chambers, 100 N. Country Club Rd., Lake Mary. Any interested party may appear at the public hearings and be heard regarding the above described amendment or submit written comments to the address identified above. Said hearings may be continued from time to time until the City Commission makes a final decision. NOTE: IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OFTHE PROCEEDINGS, AND THAT, FOR SUCH PURPOSE, HE OR SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE, TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. FLORIDA STATUTES 286.0105. PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY ADA COORDINATOR AT LEAST 48 HOURS IN ADVANCE OF THE MEETING AT 407 - 585 -1424. CITY OF LAKE MARY, FLORIDA CAROL A. FOSTER, CITY CLERK ' to Museums - Maitland, 231 W. Marc Kusche, along with four CITY OF LAKE MARY NOTICE OF COMPREHENSIVE PLAN CHANGE NOTICE OF ADOPTION PUBLIC HEARING The City of Lake Mary proposes to adopt the following ordinance: ORDINANCE NO. 1533 AN ORDINANCE OF THE CITY OF LAKE MARY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OF LAKE MARY, FLORIDA; PROVIDING FOR A CHANGE OF FUTURE LAND USE DESIGNATION FROM COMMERCIAL (COM) AND RESTRICTED COMMERCIAL (RCOM) TO MIXED USE MIDTOWN (MUMT) FOR A +/- 34.5 ACRE AREA LOCATED WEST OF LONGWOOD LAKE MARY ROAD AND SOUTH OF LAKE MARY BOULEVARD; PROVIDING FOR ADOPTION OF THE PLAN AMENDMENT; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. NOTICE IS HEREBY GIVEN by the City Commission of the City of Lake Mary, Florida that said Commission will be holding an Adoption Public Hearing on Thursday, March 17, 2016 at 7:00 p.m., or as soon as possible thereafter, to consider an Expedited State Review Comprehensive Plan Amendment to the Future Land Use Map of the City of Lake Mary Comprehensive Plan. The Map Amendments are from COM (Commercial) and RCOM (Restricted Commercial) to MUMT (Mixed Use Midtown) for the development of a mixed -use project, on the following properties totaling +/- 34.5 acres (a location map is below): •17- 20 -30- 300 - 0110 -0000 •17- 20 -30- 300 -0090 -0000 •17- 20 -30- 300 -010D -0000 •17- 20 -30- 300 -019A -0000 A copy of the proposed Comprehensive Plan amendment is available for inspection bythe public in the Community Development Department, City of Lake Mary Municipal Services Building, 911 Wallace Court, Lake Mary, Florida 32746, Monday through Friday, from 8:00 A.M. until 5:00 P.M. or you may call Stephen Noto, City Planner, at (407) 585 -1440 for more information concerning this request. The Public Hearing will be held in the City of Lake Mary Commission Chambers, 100 N. Country Club Road, Lake Mary. Any interested party may appear at the public hearing and be heard regarding the above described items or submit written comments to the address identified above. Said hearing may be continued from time to time until the City Commission makes a final decision. NOTE: IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED ATTHIS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OFTHE PROCEEDINGS, ANDTHAT, FOR SUCH PURPOSE, HE OR SHE MAY NEEDTO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. FLORIDA STATUTES 286.0105. PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY ADA COORDINATOR AT LEAST 48 HOURS IN ADVANCE OF THE MEETING AT 407 - 585 -1424. I \ NOTICE OF ZONING CODE CHANGE - - THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT THE FOLLOWING ORDINANCE: ORDINANCE NO. 2016 -07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; AMENDING THE LIST OF PERMITTED USES IN THE TOWN CENTER ZONING DISTRICT WHICH ARE CURRENTLY CODIFIED AND SET FORTH IN SECTION 20 -323 OF THE CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY PUBLIC HEARING WILL BE HELD ON WEDNESDAY, MARCH 16, 2016 AT 5:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA CITY COMMISSION FIRST READING PUBLIC HEARING WILL BE HELD ON MONDAY, MARCH 28, 2016 AT 5:15 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinance may be obtained by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerk's Office, located at 1126 E. SR 434, Winter Springs, Florida. For more information, call (407) 327 -1800 #227. Persons with disabilities needing assistance to participate in any of these proceedings should contact the Employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327 -1800, #236. This is a public hearing. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinance. If you decide to appeal any recommendation or decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY SPECIAL MEETING -MARCH 16, 2016 PAGE 2 OF 5 PUBLIC INPUT Chairperson Henderson opened Public Input. No one addressed the Planning and Zoning Board /Local Planning Agency. Chairperson Henderson closed Public Input. CONSENT AGENDA CONSENT 300. Not Used PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department — Planning Division The Community Development Department — Planning Division Requests That The Planning And Zoning Board/Local Planning Agency Consider Ordinance 2016 -07, Which Proposes To Amend The List Of Permitted, Conditional And Prohibited Uses In The Town Center Zoning District.* Mr. Bobby Howell, Planner, Community Development Department introduced the Agenda Item and explained the necessity of updating the Zoning Codes in the Town Center District, as well as the need for commercial development in the City to diversify the City's tax base. Mr. Howell then referred to the information in the Agenda Item packet and summarized the proposed amendments. Discussion ensued on types of tobacco stores, Special Exceptions, and effects of potential future changes to the State's laws regarding recreational as well as medicinal marijuana use and sales. Mr. Howell stated, "If that gets permitted in the Referendum it's my understanding that the Department of Health would come up with guidelines for dispensaries and things like that. This is more for like, general tobacco stores, vape stores, electronic cigarettes, those types of things." Chairperson Henderson opened Public Input. No one spoke. Chairperson Henderson closed Public Input. F- IL Q CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY SPECIAL MEETING - MARCH 16, 2016 PAGE 3 OF 5 "I WILL MAKE A MOTION THAT WE RECOMMEND FORWARDING TO THE COMMISSION APPROVAL OF ORDINANCE 2016 -07 WHICH PROPOSES TO AMEND THE LIST OF PERMITTED, CONDITIONAL, AND PROHIBITED USES IN THE TOWN CENTER ZONING DISTRICT." MOTION BY VICE - CHAIRPERSON CASMAN. SECONDED BY BOARD MEMBER MILLER. DISCUSSION. MR. CHRISTIAN SARNA, 360 MICHAEL BLAKE BOULEVARD, WINTER SPRINGS, FLORIDA: ASKED FOR ADDITIONAL CLARIFICATION REGARDING MULTI - FAMILY, TOWNHOMES, AND CONDOMINIUMS AS APPLICABLE TO THE ZONES IN THE TOWN CENTER DISTRICT. MR. RANDY STEVENSON, ASLA AICP, DIRECTOR, COMMUNITY DEVELOPMENT DEPARTMENT STATED, "NORMALLY MULTI - FAMILY IS CONSIDERED APARTMENT RENTALS. TOWNHOMES ARE A FEE SIMPLE PRODUCT, THEY'RE CONSIDERED SINGLE FAMILY - ATTACHED. SO, BASICALLY IT ELIMINATES MULTI - FAMILY AS A CONSIDERATION TO `T3' AND ALLOWS THEM ONLY BY SPECIAL EXCEPTION IN `T4' AND `T5', BUT, TOWNHOUSES WOULD BE CONSIDERED SINGLE - FAMILY BECAUSE THEY ARE A FEE SIMPLE PRODUCT NOT A RENTAL PRODUCT." FURTHERMORE, MR. STEVENSON ADDRESSED THE INTEGRATED OWNERSHIP ASSOCIATED WITH CONDOMINIUMS AND EXPLAINED, "IN OTHER WORDS, YOU DON'T OWN ANY REAL PROPERTY. YOU OWN BASICALLY FROM INSIDE COAT OF PAINT TO INSIDE COAT OF PAINT, SO WE MIGHT HAVE TO RETAKE A LOOK AT THAT. THAT IS MUCH CLOSER IN MY MIND TO MULTI - FAMILY THOUGH BECAUSE, EVEN FROM THE BUILDING CODE, THE BUILDING CODE MAKES NO DIFFERENTIATION IN HOW YOU BUILD A CONDO[MINIUM] VERSUS HOW YOU BUILD AN APARTMENT. IT DOES WHEN YOU BUILD A TOWNHOUSE IN TERMS OF FIRE PREVENTION AND THINGS OF THAT NATURE SO WE'D PROBABLY HAVE TO ADDRESS THAT AT THAT POINT." BRIEF ADDITIONAL COMMENTS. MR. SARNA COMMENTED BRIEFLY ON APARTMENTS AND EXPRESSED HIS SUPPORT FOR THE TEXT AMENDMENT. VOTE: VICE - CHAIRPERSON CASMAN: AYE BOARD MEMBER MILLER: AYE CHAIRPERSON HENDERSON: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. �I 0q,