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2016 01 25 City Commission Regular Meeting Agenda CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION AGENDA REGULAR MEETING MONDAY, JANUARY 25, 2016 - 5:15 P.M. CITY HALL - COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Jean Hovey - Seat One Commissioner Kevin Cannon - Seat Two Commissioner Pam Carroll - Seat Three Commissioner Cade Resnick - Seat Four Commissioner Joanne M. Krebs - Seat Five Scan with your smart device to view electronically PLEASE SILENCE ELECTRONIC DEVICES DURING THE MEETING CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – JANUARY 25, 2016 PAGE 2 OF 13 CALL TO ORDER Roll Call Invocation Pledge of Allegiance Agenda Changes AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Office of the City Manager The Office of the City Manager Wishes to Present Employee Service Awards to the City of Winter Springs Employees. AWARDS AND PRESENTATIONS 101. Office of the City Manager and Finance and Administrative Services Department The Office of the City Manager and Finance and Administrative Services Department Wish to Provide the Investment Report for the Year Ending 2015 (September 30, 2015) as prepared by PFM Asset Management LLC. INFORMATIONAL AGENDA INFORMATIONAL 200. Utility Department Scan with your smart device to view electronically REQUEST: The Utility Department wishes to inform the City Commission of the potable and reclaimed water use for 2015. FISCAL IMPACT: Potable and reclaimed water rates were increased by the CPI index of 0.1% in 2015. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – JANUARY 25, 2016 PAGE 3 OF 13 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. RECOMMENDATION: Staff recommends the City Commission accept this information. PUBLIC INPUT (Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a “Public Input” form. The City Commission will set aside up to thirty minutes for any City residents or taxpayers to address any items of public interest that do not appear on the agenda and for any members of the public to address any items that are listed on the agenda for final official action by the City Commission excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Individuals will limit their comments to three (3) minutes, and representatives of groups or homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City Commission. The City Commission will not take any action under the "Public Input" section of the agenda. The City Commission may schedule items not on the agenda as regular items and act upon them in the future.) CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – JANUARY 25, 2016 PAGE 4 OF 13 CONSENT AGENDA CONSENT 300. Utility/Public Works Departments Scan with your smart device to view electronically REQUEST: The Public Works Department is requesting authorization to decrease the reimbursement rate from $13.72 to $13.34 per light for communities with decorative streetlights. The Tuscawilla Lighting and Beautification District (TLBD) will have a reimbursement rate of $13.18 per light, pursuant to a revised rate schedule from Duke Energy, effective January 1st, 2016. FISCAL IMPACT: As a result of the January 2016 Duke Energy rate decrease, the City will pay approximately $6,998.64 less for streetlight reimbursement for 2016 as compared to 2015. The reduction will save the City an additional $8,975.40 for all public streetlights, if no additional changes are made to the rate structure. 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. RECOMMENDATION: The Public Works Department recommends that the City Commission approve the revised streetlight monthly base rate of $13.34 and $13.18 for the TLBD. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – JANUARY 25, 2016 PAGE 5 OF 13 CONSENT 301. Office of the City Clerk Scan with your smart device to view electronically REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, January 11, 2016 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no fiscal impact related to this Agenda Item. 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. RECOMMENDATION: The City Clerk is requesting the City Commission review and consider offering their Approval of the Monday, January 11, 2016 City Commission Regular Meeting Minutes. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – JANUARY 25, 2016 PAGE 6 OF 13 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department - Planning Division Scan with your smart device to view electronically REQUEST: The Community Development Department – Planning Division requests that the City Commission hold a Public Hearing for the second reading and adoption of Ordinance 2015-14 which proposes to remove Policy 1.1.10 from the Housing Element of the City's Comprehensive Plan related to multi- family housing in commercially zoned areas of the City. FISCAL IMPACT: The proposed Comprehensive Plan amendment is not expected to pose any negative fiscal impacts. To the contrary, staff feels that this revision will assist in diversifying the City's tax base. The removal of multi-family residential development from the list of Conditional Uses in the City's commercial zoning districts is anticipated to preserve these areas for commercial development, which generates higher ad valorem taxes and furthers the City's goal of diversifying the tax base, which is predominately residential. 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. July 30, 2015 Public Noticing in Orlando Sentinel of LPA Hearing July 30, 2015 Public Noticing in Orlando Sentinel of Public Hearing/Transmittal August 12, 2015 Local Planning Agency Review of Ordinance 2015-14 August 24, 2015 City Commission - Public Hearing/Transmittal January 14, 2016 Public Notice in Orlando Sentinel of Public Hearing for second reading and adoption of Ordinance 2015-14 CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – JANUARY 25, 2016 PAGE 7 OF 13 RECOMMENDATION: City Staff recommends that the City Commission approve the second reading and adoption of Ordinance 2015-14 which proposes to remove Comprehensive Plan Policy 1.1.10 of the Housing Element related to multi-family housing in commercially zoned areas. PUBLIC HEARINGS 401. Community Development Department - Planning Division Scan with your smart device to view electronically REQUEST: The Community Development Department – Planning Division requests the City Commission consider second and final reading of Ordinance 2015-15, which proposes to amend the list of permitted, conditional and prohibited uses in the C-1 (Neighborhood Commercial), C-2 (General Commercial), and C-3 (Highway 17-92 Commercial) zoning districts by removing multi-family residential uses as a Conditional Use in these zoning districts. FISCAL IMPACT: There is no indirect fiscal impact associated with this agenda item. However, the removal of multi- family residential development from the list Conditional Uses in the City's commercial zoning districts is anticipated to preserve these areas for commercial development, which generates higher ad valorem taxes when said properties are developed 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 July 30, 2015 and January 14, 2016. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – JANUARY 25, 2016 PAGE 8 OF 13 RECOMMENDATION: Staff and the Planning & Zoning Board recommend approval of second reading of Ordinance 2015-15, which proposes to amend the list of permitted, conditional and prohibited uses in the C-1 (Neighborhood Commercial), C-2 (General Commercial), and C-3 (Highway 17-92 Commercial) zoning districts by removing multi-family residential uses as a Conditional Use in these zoning districts. PUBLIC HEARINGS 402. Community Development Department - Planning Division Scan with your smart device to view electronically REQUEST: The Community Development Department – Planning Division requests City Commission consider second reading and adoption of: 1) Ordinance 2015-08, which proposes the rezoning of a 39.81 acre property from GID (Greeneway Interchange District) to PUD (Planned Unit Development), 2) Development Agreement, and 3) Master Plan for the 39.81 acre property located on the north side of SR 434, across from the Creeks Run subdivision. FISCAL IMPACT: Development of the property will provide an increase in taxable value to the City. A fiscal analysis report is attached. 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. The applicant held public information meetings on May 19, 2015 and November 17, 2015 with members of the public. This item was advertised in the Orlando Sentinel on November 22, 2015, December 31, 2015, and January 14, 2016. Additionally, a large yellow sign was posted on the property noting the date and time of the meeting. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – JANUARY 25, 2016 PAGE 9 OF 13 RECOMMENDATION: At the December 2, 2015 Planning & Zoning Board meeting, the Planning & Zoning Board unanimously recommended denial of Ordinance 2015-08, the Development Agreement, and Master Plan for the subject property. Please see attached minutes from the Planning & Zoning Board meeting for details regarding this vote. Staff recommends approval of second reading and adoption of: 1) Ordinance 2015-08, which proposes the rezoning of a 39.81 acre property from GID (Greeneway Interchange District) to PUD (Planned Unit Development), 2) Development Agreement, and 3) Master Plan for the 39.81 acre property located on the north side of SR 434, north of the Creeks Run subdivision as the request is in compliance with all applicable policies of the Comprehensive Plan, and Chapter 20, Article IV - Planned Unit Development chapter of the City Code of Ordinances. PUBLIC HEARINGS 403. Community Development Department - Planning Division Scan with your smart device to view electronically REQUEST: The Community Development Department – Planning Division requests that the City Commission consider Ordinance 2016-05, which proposes to add definitions to the City Code of Ordinances related to cottage food operations, and to amend the City Code of Ordinances regarding the regulation of cottage food operations in order to permit them as a home occupation in the City. FISCAL IMPACT: There is no direct fiscal impact to the City associated with this agenda item. 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 January 14, 2016. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – JANUARY 25, 2016 PAGE 10 OF 13 RECOMMENDATION: Staff and the Planning & Zoning Board recommend approval of first reading of Ordinance 2016-08, which proposes to add definitions to the City Code of Ordinances related to cottage food operations and to amend the City Code of Ordinances regarding the regulation of cottage food operations in order to permit them as a home occupation in the City, and move said Ordinance forward to second and final reading. PUBLIC HEARINGS 404. Community Development Department - Planning Division Scan with your smart device to view electronically REQUEST: The Community Development Department – Planning Division requests that the City Commission hold a Public Hearing to consider first reading of Ordinance 2016-04, a Small-Scale Future Land Use Map Amendment for two parcels totaling 0.94 acres located on the south side of Nursery Road, specifically located at 1080 Nursery Road. FISCAL IMPACT: The proposed Small-Scale future land use amendment, which re-designates the property from “Recreation/Open Space” to “Commercial”, will increase the possibility of additional taxable value to the City and potentially spur the increase of future residential and commercial development/redevelopment activity within this particular area. 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. The property was posted with a large sign and Ordinance 2016-04 was advertised in the Orlando Sentinel on December 24, 2015. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – JANUARY 25, 2016 PAGE 11 OF 13 RECOMMENDATION: The Local Planning Agency and City Staff recommend that the City Commission approve Ordinance 2016-04, which proposes a Small-Scale Future Land Use Map Amendment changing the property designation from “Recreation/Open Space” to “Commercial” for two parcels totaling approximately 0.94 acres located at 1080 Nursery Road as described within Ordinance 2016-04. REGULAR AGENDA REGULAR 500. Office of the City Attorney Scan with your smart device to view electronically REQUEST: Pursuant to the requirements of the City Charter, the City Attorney requests: (1) Commissioner Cannon make an appointment to the Districting Commission subject to ratification and approval by the City Commission; and (2) the City Commission adopt Resolution 2016-02 formally establishing the 2016 Districting Commission and providing for the Districting Commission’s scope of duties and other administrative duties of City Staff for purposes adjusting the City Commission Voting District boundaries in accordance with the time frames imposed by the City Charter. FISCAL IMPACT: There is no direct fiscal impact related to the adoption of the Resolution other than staff and attorney time to prepare the Resolution and assist the Districting Commission complete its report. 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. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – JANUARY 25, 2016 PAGE 12 OF 13 RECOMMENDATION: The City Attorney and City Manager recommend that: 1. Commissioner Cannon make an appointment to the Districting Commission subject to the City Commission’s approval; and 2. Upon that appointment being made, the City Commission approve Resolution 2016-02 as presented, but with the inclusion of Commissioner Cannon’s appointment. REPORTS REPORTS 600. Office of the City Attorney - Anthony A. Garganese, Esquire REPORTS 601. Office of the City Manager - Kevin L. Smith REPORTS 602. Office of the City Clerk - Andrea Lorenzo-Luaces, MMC REPORTS 603. Office of Commissioner Seat Five - The Honorable Joanne M. Krebs REPORTS 604. Office of the Mayor - The Honorable Charles Lacey REPORTS 605. Office of Commissioner Seat One/Deputy Mayor - The Honorable Jean Hovey REPORTS 606. Office of Commissioner Seat Two - The Honorable Kevin Cannon REPORTS 607. Office of Commissioner Seat Three - The Honorable Pam Carroll REPORTS 608. Office of Commissioner Seat Four - The Honorable Cade Resnick CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – JANUARY 25, 2016 PAGE 13 OF 13 PUBLIC INPUT (Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a “Public Input” form. In its discretion, the City Commission may set aside up to thirty additional minutes at the end of each City Commission meeting for additional public input by any resident or taxpayer of the City about items of public interest. It is not appropriate to readdress quasi-judicial and public hearing items previously addressed by the City Commission at the same meeting, nor to advance arguments or repetitious questions concerning matters which the City Commission believes to be closed. Individuals will limit their comments to three (3) minutes, and representatives of groups or homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City Commission.) ADJOURNMENT  [[1080,1828,1091,1880][11][B,I,][Times New Roman]] [[1091,1828,1103,1880][11][B,I,][Times New Roman]] [[1100,1828,1467,1880][11][B,I,][Times New Roman]]PUBLIC NOTICE This is a Public Meeting, and the public is invited to attend. This Agenda is subject to change. Please be advised that one (1) or more Members of any of the City's Advisory Boards and Committees may be in attendance at this Meeting, and may participate in discussions. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of Winter Springs at (407) 327-1800 "at least 48 hours prior to meeting, a written request by a physically handicapped person to attend the meeting, directed to the chairperson or director of such board, commission, agency, or authority" - per Section 286.26 [[1005,2502,1314,2555][11][,I,][Times New Roman]]Florida Statutes. "If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based" - per Section 286.0105 [[1800,2776,2109,2829][11][,I,][Times New Roman]]Florida Statutes.