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Home My WebLink About2024 03 07 Consent 300 - Approval of the January 4, 2024 Meeting MinutesCONSENT AGENDA ITEM 300 PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY AGENDA | MARCH 7, 2024 REGULAR MEETING TITLE Approval of the Thursday, January 4, 2024 Planning and Zoning Board/ Local Planning Agency Regular Meeting Minutes. SUMMARY FUNDING SOURCE RECOMMENDATION Staff recommends the Planning and Zoning Board review and approve of the Thursday, January 4, 2024 Planning and Zoning Board/Local Planning Agency meeting minutes as presented. 4 CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING JANUARY 4, 2024 CALL TO ORDER Chairperson Kok Wan Mah called the Thursday, January 4, 2024 Planning and Zoning Board/Local Planning Agency Regular Meeting to Order at 5:30 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, present Vice-Chairperson Kenneth Spalthoff, absent Board Member Kenneth Michael Ferrante, present Board Member Rachel Hood, present Board Member Gina Shafer, absent Assistant City Attorney Kristin Eick, present City Clerk Christian Gowan, present Also present: Ms. Terrilyn Rolle, Director, Community Development Department Mr. Talbert Jackson, Senior City Planner, Community Development Department Mr. Nick Tafelski, Senior City Planner, Community Development Department A moment of silence was held, followed by the Pledge of Allegiance. Chairperson Mah asked if there were changes to the agenda and, hearing none, the agenda was adopted. AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA 200. Not Used PUBLIC INPUT Chairperson Mah opened Public Input. No one addressed the Board. Chairperson Mah closed Public Input. CONSENT AGENDA 300) Approval of the Thursday, December 7, 2023 Planning and Zoning/ Local Planning Agency Regular Meeting Minutes Mr. Gowan noted that there were a few scrivener’s errors that needed to be corrected but explained that the minutes could still be approved. "I MAKE A MOTION TO APPROVE THE MINUTES." MOTION BY BOARD MEMBER HOOD. SECONDED BY BOARD MEMBER FERRANTE. DISCUSSION. 5 CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING – JANUARY 4, 2024 PAGE 2 OF 3 PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING | WEDNESDAY, | PAGE 2 OF 3 VOTE: MAH (AYE); FERRANTE (AYE); HOOD (AYE) MOTION CARRIED 3-0. PUBLIC HEARINGS AGENDA 400) Chau Medical Plaza – Phase 2 Mr. Tafelsky reviewed the revised site plan, noted the applicant was seeking a less intense use, reviewed previous approvals, and Staff’s recommendation of approval. Mr. Sam Sebaali, 5127 S Orange Avenue, Suite 200, representative for the applicant noted that he agreed with the Staff’s presentation and reiterated an anticipated reduction in traffic as a result of the new proposed use. Discussion followed on the proposed number of parking spaces, specifically handicap spaces, code compliance related to building height, and anticipated traffic impacts. Chairperson Mah opened the Public Hearing for Item 400. No one addressed the Board. Chairperson Mah closed the Public Hearing for Item 400. “I MAKE A MOTION TO APPROVE PLANS FOR THE PHASE 2 PLANS AS PRESENTED FOR THE CHAU MEDICAL CENTER.” MOTION BY BOARD MEMBER FERRANTE. SECONDED BY BOARD MEMBER HOOD. DISCUSSION. VOTE: MAH (AYE); FERRANTE (AYE); HOOD (AYE) MOTION CARRIED 3-0. 401) Ordinance 2024-02, Small-Scale Future Land Use Map Amendment of one (1) City- owned parcel 1 Attorney Eick read Ordinance 2024-02 by title. Mr. Tafelsky reviewed the timeline of the City’s acquisition and annexation of the parcel, noted this was the next step in the process, noted there were no specific plans for the parcel at this time, and noted Staff’s recommendation of approval. Chairperson Mah opened the Public Hearing for Item 401. No one addressed the Board. Chairperson Mah closed the Public Hearing for Item 401. “I MOVE THAT WE ACCEPT THIS FUTURE LAND USE AMENDMENT.” MOTION BY BOARD MEMBER HOOD. SECONDED BY BOARD MEMBER FERRANTE. DISCUSSION. VOTE: MAH (AYE); FERRANTE (AYE); HOOD (AYE) 1 Ordinance atached at the end of these minutes 6 CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING – JANUARY 4, 2024 PAGE 3 OF 3 PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING | WEDNESDAY, | PAGE 3 OF 3 MOTION CARRIED 3-0. 402) Ordinance 2024-03, Rezoning of one (1) City-owned parcel 2 Attorney Eick read Ordinance 2024-03 by title. Mr. Tafelsky briefly reviewed the process, noted a zoning of Town Center – Civil/Public consistent with the contiguous Central Winds Park, and noted Staff’s recommendation of approval. Chairperson Mah opened the Public Hearing for Item 402. No one addressed the Board. Chairperson Mah closed the Public Hearing for Item 402. “I MAKE A MOTION THAT WE APPROVE REZONING OF THIS CITY-OWNED PARCEL AS DESCRIBED IN THIS PRESENTATION.” MOTION BY BOARD MEMBER FERRANTE. SECONDED BY BOARD MEMBER HOOD. DISCUSSION. VOTE: MAH (AYE); FERRANTE (AYE); HOOD (AYE) MOTION CARRIED 3-0. REGULAR AGENDA 500. Not Used REPORTS Chairperson Mah asked about video streaming and Mr. Gowan briefly explained that it was working successfully. PUBLIC INPUT Chairperson Mah opened Public Input. No one addressed the Board. Chairperson Mah closed Public Input ADJOURNMENT Chairperson Mah adjourned the Regular Meeting at 6:01 p.m. RESPECTFULLY SUBMITTED: _____________________________________ CHRISTIAN D. GOWAN CITY CLERK NOTE: These Minutes were approved at the _______, 2024 Planning and Zoning Board/Local Planning Agency Regular Meeting. 2 Ordinance atached at the end of these minutes 7 City of Winter Springs Ordinance No. 2024-02 Page 1 of 4 ORDINANCE NO. 2024-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; AMENDING THE FUTURE LAND USE MAP FOR ONE (1) PARCEL OF REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS TOTALING APPROXIMATELY 1.04 ACRES, MORE OR LESS, GENERALLY LOCATED WEST OF CENTRAL WINDS PARK, EAST OF WAGNER POINT, AND NORTH OF STATE ROAD 434, SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT “A” ATTACHED HERETO; CHANGING THE FUTURE LAND USE MAP DESIGNATION ON THE PARCEL FROM COUNTY “SUBURBAN ESTATES” TO CITY “TOWN CENTER DISTRICT;” PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT. WHEREAS, on December 12, 2022, the City Commission adopted Ordinance Number 2022-06, which is recorded in the Official Records of Seminole County, Florida, at Book 10361, Page 1979, and which annexed the subject property into the City of Winter Springs; and 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 future land use map amendment embodied in this Ordinance is a small scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section 163.3187(1), Florida Statutes; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on ________________________________, in accordance with the procedures established in Chapter 163, Part II, Florida Statutes, on the proposed comprehensive plan amendment; and WHEREAS, the City Commission of the City of Winter Springs held two duly noticed public hearings on the proposed amendment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder; and WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate government purpose and is in the best interests of the public health, safety, and welfare of the citizens of the City of Winter Springs, Florida. 8 City of Winter Springs Ordinance No. 2024-02 Page 2 of 4 NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Community Planning Act, sections 163.3161, et. seq., Florida Statutes. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to adopt a comprehensive plan amendment incorporating the revisions stated herein as part of the City of Winter Springs Comprehensive Plan. Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs Comprehensive Plan, Future Land Use Map, is hereby amended by changing the designation of the real property legally described and depicted on Exhibit “A” from County “Suburban Estates” Future Land Use to City “Town Center District” Future Land Use. Exhibit “A” is attached hereto and fully incorporated herein by this reference. Section 5. 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. Section 6. 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 7. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated into the City of Winter Springs Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with Section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of this Ordinance, in which case this Ordinance shall become effective at such time as the state land planning agency or the Administrative Commission issues a final order determining that the adopted small scale development amendment is in compliance. No development order, development permits, or land use dependent on this Amendment may be issued or commenced before it has become effective. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status 9 City of Winter Springs Ordinance No. 2024-02 Page 3 of 4 of the City of Winter Springs Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _________ day of ___________________________, 2024. ____________________________________ Kevin McCann, Mayor ATTEST: _________________________________ Christian Gowan, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ____________________________________ Anthony A. Garganese, City Attorney Legal Ad: ___________________________ First Reading: ___________________________ Legal Ad: ___________________________ Second Reading: ___________________________ Effective Date: ___________________________ 10 City of Winter Springs Ordinance No. 2024-02 Page 4 of 4 EXHIBIT “A” LEGAL DESCRIPTION AND DEPICTION OF PROPERTY The South 200.28 feet of the East 217.5 feet if the West ½ of Lot 3, Block D, of D.R. Mitchell’s Survey of the Levy Grant as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, lying in Section 36, Township 20 South, Range 20 East. 11 City of Winter Springs Ordinance No. 2024-03 Page 1 of 4 ORDINANCE NO. 2024-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF ONE (1) PARCEL OF REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF WINTER SPRINGS TOTALING APPROXIMATELY 1.04 ACRES, MORE OR LESS, GENERALLY LOCATED WEST OF CENTRAL WINDS PARK, EAST OF WAGNER POINT, AND NORTH OF STATE ROAD 434, SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT “A” ATTACHED HERETO; CHANGING THE ZONING DESIGNATION OF THE PARCEL FROM COUNTY “AGRICULTURAL-A” (A-1) TO CITY “TOWN CENTER – CIVIC/PUBLIC” (TC-C/P); PROVIDING THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, 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, on December 12, 2022, the City Commission adopted Ordinance Number 2022-06, which is recorded in the Official Records of Seminole County, Florida, at Book 10361, Page 1979, and which annexed the subject property into the City of Winter Springs; and WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs recommended approval of this Ordinance at their ____________________________ meeting; and WHEREAS, the City Commission of the City of Winter Springs held two duly noticed public hearings on the proposed zoning change set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby finds the change consistent with the City of Winter Springs Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning change set forth hereunder; and WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate government purpose and is in the best interests of the public health, safety, and welfare of the citizens of the City of Winter Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. 12 City of Winter Springs Ordinance No. 2024-03 Page 2 of 4 Section 2. Zoning Map Amendment. That the official Zoning Map of the City of Winter Springs, as described in the City of Winter Springs Code Section 20-102, is hereby amended to include a change of classification for the property legally described and depicted on Exhibit “A” from County “Agricultural-1” (A-1) to City “Town Center – Civic/Public” (TC-C/P). Exhibit “A” is attached hereto and fully incorporated herein by this reference. Section 3. Staff Instructions. City Staff is hereby directed to promptly amend the City’s Official Zoning Map upon the effective date of this Ordinance. In addition, upon adoption and full execution of this Ordinance by the City Commission, the City Clerk is hereby directed to record this Ordinance in the Official Records of Seminole County, Florida. This Ordinance shall run with the land. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 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 sh all 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 the effective date of Ordinance No. 2023-11 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance No. 2023-11 does not become effective, then this Ordinance shall become null and void. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this _________ day of _______________________, 2024. ____________________________________ Kevin McCann, Mayor ATTEST: _________________________________ Christian Gowan, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: 13 City of Winter Springs Ordinance No. 2024-03 Page 3 of 4 ____________________________________ Anthony A. Garganese, City Attorney Legal Ad: ___________________________ First Reading: ___________________________ Legal Ad: ___________________________ Second Reading: ___________________________ Effective Date: ___________________________ 14 City of Winter Springs Ordinance No. 2024-03 Page 4 of 4 EXHIBIT “A” LEGAL DESCRIPTION AND DEPICTION OF PROPERTY The South 200.28 feet of the East 217.5 feet if the West ½ of Lot 3, Block D, of D.R. Mitchell’s Survey of the Levy Grant as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, lying in Section 36, Township 20 South, Range 20 East. 15