HomeMy WebLinkAbout2021 03 04 Planning and Zoning Board LPA Regular Meeting AgendaPLANNING AND ZONING
BOARD/LOCAL PLANNING
AGENCY
REGULAR MEETING AGENDA
THURSDAY, MARCH 4, 2021 - 5:30 PM
CITY HALL - COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
1
CALL TO ORDER
Roll Call
Invocation
Pledge of Allegiance
Agenda Changes
AWARDS AND PRESENTATIONS
100. Not Used
INFORMATIONAL AGENDA
200. Not Used
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. 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.
CONSENT AGENDA
300. Approval of the Thursday, February 4th, 2021 Planning and Zoning Board/Local
Planning Agency Regular Meeting Minutes.
Minutes
PUBLIC HEARINGS AGENDA
400. Review of Ordinance 2021-02 amending Chapter 20 of the Winter Springs City
Code regarding scheduling public hearings before the City Commission on
development permit applications; providing for the repeal of prior inconsistent
ordinances and resolutions; incorporation into the code; severability and an
effective date.
Scheduling Public Hearings Ordinance PZB Staff Report
Ordinance 2021-02 Scheduling Public Hearings on Development Permit Applications
REGULAR AGENDA
500. Not Used
REPORTS
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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. 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
PUBLIC NOTICE
This is a Public Meeting, and the public is invited to attend and 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 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 Florida Statutes.
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING
FEBRUARY 4, 2021
CALL TO ORDER
Vice-Chairperson Kevin McCann called the Regular Meeting of Thursday,
February 4, 2021 of the Planning and Zoning Board/Local Planning Agency to
Order at 5:31 p.m., in the Commission Chambers of the Municipal Building (City
Hall, 1126 East State Road 434, Winter Springs, Florida 32708.)
Roll Call:
Chairperson Kok Wan Mah, absent
Vice-Chairperson Kevin McCann, present
Board Member Michael Ferrante, present via phone
Board Member Bart Phillips, present
Board Member Mark Gordon, present
Senior City Attorney Kirstin Eick, present
Assistant to the City Clerk Tristin Motter, present
A moment of silence was followed by the Pledge of Allegiance.
No changes were made to the Agenda.
REGULAR AGENDA – PART l
500. Election for Chairperson of the Planning and Zoning Board/Local
Planning Agency for Calendar Year 2021
Vice-Chairperson McCann opened nominations for the Chairperson position
of the Calendar year 2021.
“I WILL MAKE A MOTION FOR MR. MAH.” MOTION BY BOARD MEMBER
PHILLIPS. SECONDED BY BOARD MEMBER GORDON. DISCUSSION.
VOTE:
BOARD MEMBER FERRANTE: AYE
BOARD MEMBER GORDON: AYE
VICE-CHAIRPERSON McCANN: AYE
BOARD MEMBER PHILLIPS: AYE
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REGULAR MEETING – FEBRUARY 4, 2021
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P L A N N I N G A N D Z O N I N G B O A R D / L O C A L P L A N N I N G A G E N C Y
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KOK WAN MAH WAS ELECTED THE CHAIRPERSON
501. Election for Vice-Chairperson of the Planning and Zoning
Board/Local Planning Agency for Calendar Year 2021
Vice-Chairperson McCann opened nominations for the Vice-Chairperson
position of the Calendar year 2021.
“I WILL GIVE A MOTION FOR MR. McCANN.” MOTION BY BOARD MEMEBR
PHILLIPS. SECONDED BY BOARD MEMBER GORDON. DISCUSSION.
VOTE:
BOARD MEMBER PHILLIPS: AYE
VICE-CHAIRPERSON McCANN: AYE
BOARD MEMBER GORDON: AYE
BOARD MEMBER FERRANTE: AYE
KEVIN MCCANN WAS ELECTED THE VICE-CHAIRPERSON
PUBLIC INPUT
Vice-Chairperson McCann opened “Public Input”.
Assistant to the City Clerk Tristin Motter read in an email received from Ms. Cory
Norbutus, 361 Old Farm Lane, Winter Springs, Florida expressing concerns to
the safety of the neighborhood in which she resides that runs parallel to the
proposed entrance of the new development. Ms. Norbutus gave the
suggestion to have the traffic flow directly off of State Road 434 instead. As well
as asked about the plans for tree line protection and buffers.
Ms. Asima Azaui, Associate, Divine & Estes, P.A., 24 South Orange Ave., Orlando,
Florida came in representation of the Jesups Reserve Townhome Owners
Association to show support to the proposed new development from Equinox.
Ms. Azaui relayed that the Owners Association had been in heavy
communication with Equinox to make sure the project was combatable with
the neighboring area. They were about to relay concerned and come to an
agreements that would insure the safety of the neighborhood.
Vice-Chairperson McCann closed “Public Input”.
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REGULAR MEETING – FEBRUARY 4, 2021
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CONSENT AGENDA
300. Approval of the Minutes from the Wednesday, November 4, 2020
Planning and Zoning Board/Local Planning Agency Regular Meeting
Vice-Chairperson McCann asked for a motion to approve the minutes of the
November 4, 2020 Planning and Zoning Board/Local Planning Agency Regular
Meeting.
“MOTION FOR APPROVAL OF THE NOVEMEBR 4, 2020 PLANNING AND
ZONING MEETING.” MOTION BY BOARD MEMBER PHILLIPS. SECONDED BY
VICE-CHAIRPERSON McCANN. DISCUSSION.
VOTE:
VICE-CHAIRPERSON McCANN: AYE
BOARD MEMBER PHILLIPS: AYE
BOARD MEMBER FERRANTE: AYE
BOARD MEMBER GORDON: AYE
MOTION CARRIED.
PUBLIC HEARINGS AGENDA
400. Not Used
REGULAR AGENDA – PART II
502. Winter Springs Marketplace - Aesthetic Plan Review (Partial), certain
Waivers, Final Engineering Review, Removal of Specimen Trees, and
Development Agreement.
Ms. Marla Molina, Senior City Planner, Community Development Department
introduced and gave an overview of the item and the proposed phases of the
project to the board. Ms. Molina recommended the Board forward a
recommendation of approval with conditions as listed in the staff
recommendation to the City Commission.
Vice-Chairperson McCann asked about the setbacks regarding the properties
south of the project. Staff relayed that there would be an additional wall to
accompany the landscape buffer requested by the owners of the properties.
Mr. Ryan Stahl, President, Equinox Development, 630 South Maitland Ave.,
Suite 100, Maitland, Florida gave further background for the property,
explaining the processes and steps taken with the project and the surrounding
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING – FEBRUARY 4, 2021
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neighborhoods to make sure everyone was happy with what was proposed.
Additional questions regarding garbage removal, sound and light leakage, and
adjacent properties that are part of unincorporated Seminole County ensued.
Continuing, water drainage was discussed to make sure the surrounding
properties would not be affected. City staff confirmed that the plans are in
compliance with City Code regarding drainage. Mr. Marcus Geiger, Civil
Engineer, Kimley-Horn and Associates, 189 South Orange Ave, Orlando,
Florida, confirmed that the sites drainage could withstand a “one hundred
year-24 hour storm” and still have excess room remaining.
Discussion followed on tree removal, replacement and credit. Mr. Christopher
Schmidt, Director, Community Development Department explained that the
trees are replaced within the project or if they cannot be replaced then a credit
is given to the City Arborist to be able to plant trees in other areas of the City.
Questions regarding signage ensued, more specifically the fourth requested
monument sign that was recommended to be postponed until the “Future
Development Area”; depicted in the Engineering Plans, had plans to be
developed. Board Member Ferrante continued with questions about handicap
parking spaces and if there was adequate number of spaces. Staff noted he
project met the minimum number of spaces but it was suggested that a few
extra spaces could be added. Ms. Sandra Gorman, Senior Traffic Engineer,
CHP, Inc., 5601 Mariner Street, Tampa, Florida spoke about the parking study
that was done for this project.
Mr. Stahl then answered questions regarding the aesthetics and maintenance
of the sites that were remaining undeveloped in the first stage of development.
Staff informed the Board that the sidewalk and landscape buffer would be
completed in the first stage to help with the aesthetics and the developer
would maintain the areas. The question of how long the undeveloped area
could stay as such was brought up and Senior City Attorney Kirstin Eick
clarified that within the Developers Agreement there is a time limit of one year
for “Lot 3” but the “Future Development Area” does not have a time limit.
Additional discussion on the water retention, utility stubbing, and the
segmented Key-stone wall ensued. The Board commended both Mr. Stahl and
the City Commission for their work.
Vice-Chairperson McCann opened the Public Input for Item 502
Ms. Asima Azaui, Associate, Divine & Estes, P.A., 24 South Orange Ave., Orlando,
Florida in representation of Jesups Reserve, brought forth a concern one of the
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PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING – FEBRUARY 4, 2021
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Board members from the Jesups Reserve Townhome Owners Association had
in regards to the existing sidewalk in front of Jesups Reserve being in disrepair
and wanted to bring it to the City’s attention.
Ms. Cindy Walker, 565 Cruz Bay Circle, Winter Springs, Florida expressed dislike
for some the businesses that are included in the project saying they are similar
to businesses already in Winter Springs and wondered the process of picking
the businesses. It is relayed that the City has no input in what businesses are
chosen for the proposed projects.
Ms. Sam Nichols, 1281 Natures Way, Winter Springs, Florida expressed
confusion of the “Future Development Area” and had questions in relation to
when the project was going to be built and the accesses points to the project.
The Board referred Ms. Nichols to City Staff and suggested she met with Staff
about her specific questions.
Vice-Chairperson McCann closed the Public Input for Item 502
Vice-Chairperson McCann asked for a motion for approval of agenda item 502.
“I WILL GIVE A MOTION TO APPROVAL OF ITEM 502.” CLARIFICATION WAS
GIVEN WITH THE MOTION TO BE; “APPROVE THE PROPOSED
DEVELOPMENT HOWEVER AGREEING WITH THE CITY STAFF’S
RECOMMENDATION AGAINST APPROVING A FOURTH MONUMENT SIGN
UNTIL THAT PROPERTY IS DEVELOPED AND THAT CAN BE PRESENTED TO
US AT A LATER DATE – AND OTHER CONDITIONS INCLUDED IN THE STAFF
REPORT.” MOTION BY BOARD MEMBER PHILLIPS. SECONDED BY BOARD
MEMBER GORDON. DISCUSSION.
VOTE:
VICE-CHAIRPERSON McCANN: AYE
BOARD MEMBER PHILLIPS: AYE
BOARD MEMBER FERRANTE: AYE
BOARD MEMBER GORDON: AYE
MOTION CARRIED
PUBLIC INPUT
Vice-Chairperson McCann opened “Public Input”.
No one addressed the Board.
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING – FEBRUARY 4, 2021
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Vice-Chairperson McCann closed “Public Input”.
ADJOURNMENT
Vice-Chairperson McCann adjourned the Regular Meeting at 7:14 p.m.
RESPECTFULLY SUBMITTED:
_____________________________________
TRISTIN MOTTER
ASSISTANT TO THE CITY CLERK
NOTE: These Minutes were approved at the __________, 2021 Planning and Zoning Board/Local Planning Agency
Regular Meeting.
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PUBLIC HEARINGS AGENDA ITEM 400
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
THURSDAY, MARCH 4, 2021 | REGULAR MEETING
TITLE
Review of Ordinance 2021-02 amending Chapter 20 of the Winter Springs City Code
regarding scheduling public hearings before the City Commission on development
permit applications; providing for the repeal of prior inconsistent ordinances and
resolutions; incorporation into the code; severability and an effective date.
SUMMARY
During the February 8, 2021 City Commission hearing, the City Commission directed
the City Attorney and staff to prepare an Ordinance to update Chapter 20 with regards
to imposing a minimum fourteen (14) days between Zoning Board Planning/Land
Planning Agency and City Commission related to public hearings for development
permit applications; site plans, rezonings, variances, conditional uses, waivers, certain
limited administrative waivers, and administrative appeals. The City Commission
believes that the minimum fourteen (14) day scheduling period will allow the City
Commission to adequately prepare for public hearings on pending development
permit applications and to consider all written findings and recommendations of the
Planning and Zoning Board. The attached Ordinance was prepared at the direction of
the City Commission.
The proposed Ordinance requires several publicly noticed and advertised public
hearings including one (1) hearing before the City’s Land Planning Agency and two (2)
hearings before the City Commission.
RECOMMENDATION
Staff recommends that the Planning and Zoning Board/Local Planning Agency
forward a recommendation of approval for Ordinance 2021-02 to the City Commission.
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City of Winter Springs
Ordinance No. 2021-02
Page 1 of 4
ORDINANCE NO. 2021-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA; AMENDING CHAPTER 20 OF
THE WINTER SPRINGS CITY CODE REGARDING
SCHEDULING PUBLIC HEARINGS BEFORE THE CITY
COMMISSION ON DEVELOPMENT PERMIT APPLICATIONS;
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 Section 2(b), Article 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 ensure that there shall be a minimum of fourteen
(14) days between the date the City’s Planning and Zoning Board holds a public hearing on a
development permit application and the date the City Commission renders a final decision on the same
development permit application; and
WHEREAS, the City Commission believes that the minimum fourteen (14) day scheduling
period will allow the City Commission to adequately prepare for public hearings on pending
development permit applications and to consider all written findings and recommendations of the
Planning and Zoning Board; 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; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Commission of the City of
Winter Springs.
Section 2. Code Amendment. Chapter 20 Zoning is hereby amended as follows:
(underlined type indicates additions to the City Code and strikeout type indicates deletions, while
asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 20. It is
intended that the text in Chapter 20 denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this Ordinance):
CHAPTER 20 – ZONING
* * *
ARTICLE II. – ADMINISTRATION
DIVISION 1. – PROCEDURE; LAND USE DECISIONS
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City of Winter Springs
Ordinance No. 2021-02
Page 2 of 4
* * *
Sec. 20-28. - Due process; special notice requirements.
(a) All applicants shall be afforded minimal due process as required by law, including the right
to receive notice, be heard, present evidence, cross-examine witnesses, and be represented
by a duly authorized representative.
(b) Within five (5) business days of filing with the city or as soon as practicable, applications
filed under this division shall be publicly posted on the city's website on a web page
reserved for identifying pending land use applications.
(c) In addition to any notice requirements provided by state law, all public hearings under this
division shall be publicly noticed for at least seven (7) calendar days prior to any required
planning and zoning board hearing and at least twenty (20) calendar days prior to any
required city commission hearing unless otherwise provided by subsections (de) and (ef).
Said notice shall include the address of the subject property, matter to be considered and the
time, date and place of the hearing. The notice shall be posted in the following manner:
(1) Posting the affected property on a sign form provided by the city.
(2) Posting at city hall.
(3) Notifying, by U.S. mail, all owners of real property adjacent to and within
approximately five hundred (500) feet of the subject property based on the information
contained in the property appraiser's or similar property database. In addition, all
neighborhood homeowner's associations registered with the city and located within one-
half-mile of the property shall likewise be provided notice by U.S. mail. Said mailing
shall only be required for the initial public hearing and shall not be required for hearings
that are continued to a date certain by the planning and zoning board or city
commission.
(4) Posting on the city's website and social media platform.
The notice requirements set forth in subsections (1), (2), (3), and (4) above are hereby
deemed to be courtesy notices. The failure to provide such courtesy notices shall not be a basis of
appealing any decision made under this division.
(d) All public hearings under this division at which the city commission will render a final
decision regarding site plans, rezonings, variances, conditional uses, waivers, certain limited
administrative waivers, and administrative appeals shall be scheduled a minimum of
fourteen (14) calendar days following the planning and zoning board’s public hearing on the
application, except in circumstances where the city commission determines that the planning
and zoning board has not made a recommendation on an application within a reasonable
period of time and considers an application without the planning and zoning board’s
recommendation.
(de) Public hearings initially noticed as required by this section and then continued by the
planning and zoning board or city commission may be continued to a date certain without
compliance with the minimum seven (7) and twenty (20) calendar day requirement.
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City of Winter Springs
Ordinance No. 2021-02
Page 3 of 4
(ef) Applications regarding an existing single-family home shall be publicly noticed for at
least seven (7) calendar days prior to any required planning and zoning board or city
commission hearing, and shall not require posting of the affected property.
* * *
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts or ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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 upon adoption by the City
Commission of the City of Winter Springs, Florida, and pursuant to City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _____ day of April, 2021.
Charles Lacey, Mayor
ATTEST:
Christian Gowan, City Clerk
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City of Winter Springs
Ordinance No. 2021-02
Page 4 of 4
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY FOR THE CITY
OF WINTER SPRINGS ONLY:
_________________________________
Anthony A. Garganese, City Attorney
Legal Ad: _______________
First Reading:
Second Reading:
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