HomeMy WebLinkAbout2025 05 12 Public Hearing 400 - Second Reading - Ordinance 2025-09PUBLIC HEARINGS AGENDA ITEM 400
CITY COMMISSION AGENDA | MAY 12, 2025 REGULAR MEETING
TITLE
Second Reading of Ordinance 2025-09: Town Center Corner Store with Gas
SUMMARY
Staff has worked with the City Attorney’s Office to draft proposed changes to Chapter
20, Zoning, to provide for consideration of a corner neighborhood convenience store
with a limited number of gas pumps in the Town Center District.
The City Attorney’s Office drafted the proposed changes to Chapter 20 of the City
Code. On April 3, 2025, the Planning and Zoning Board conducted a public hearing
and recommended approval of Ordinance 2025-09; with the condition of removal of
key language referencing and detailing convenience store features and offerings.
However, Staff recommends that the language remain in the proposed ordinance
because the proposed very limited exception to the gas station distance requirement
set forth in Section 20-418 of the City Code is limited to the center of the Town Center
and the language is intended to emphasize that while a limited number of fueling
stations would be allowed, the predominant use must be a traditional neighborhood
convenience store with multiple customer product offerings in keeping with the
purpose and context of the Town Center. The language defines a use that is more a
corner market and cafe that provides daily utility, local character, and community
connection which are key pillars of a neotraditional Town Center. If the language is
removed as suggested by the P&Z Board, the City could potentially attract
development proposals that resemble a pit stop rather than a neighborhood
convenience store. The language helps mitigate against negative unintended
consequences of providing a very limited exception to Section 20-418.
First reading was held April 28th.
Staff is recommending that the City Commission hold a Public Hearing for second
reading and adoption of Ordinance 2025-09.
FUNDING SOURCE
731
RECOMMENDATION
Staff recommends that the City Commission hold a Public Hearing and adopt
Ordinance 2025-09 on second reading.
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City of Winter Springs
Ordinance No. 2025-09
Page 1 of 3
ORDINANCE NO. 2025-09
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; AMENDING SECTION 20-323 PERMITTED
USES IN THE TOWN CENTER DISTRICT CODE
REGARDING CORNER STORES OR NEIGHBORHOOD
CONVENIENCE STORES WITH GAS PUMPS ON
PROPERTIES WITH A T-5 TRANSECT DESIGNATION;
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 the City’s inherent police power to establish zoning regulations within the jurisdictional
limits of the City of Winter Springs; and
WHEREAS, the Section 20-323 establishes the list of allowed uses within the Town
Center District and a corner store or neighborhood convenience store without gas pumps is
currently a permitted use on properties with a T3, T4 and T5 transect designation and a corner
store or neighborhood convenience store with gas pumps is currently allowed by conditional use
on properties with a T5 transect designation; and
WHEREAS, however, since the adoption of Ordinance No. 2001-13, the City Commission
has determined that it is necessary for the City to establish zoning distance requirements for
gasoline stations as more specifically set forth in Section 20-418 of the Winter Springs City Code;
and
WHEREAS, the City Commission finds that modern trends in neighborhood corner
convenience stores have evolved significantly to meet changing consumer preferences and such
stores have become convenience hubs for enhanced and expanded grocery and retail offerings;
alcohol, coffee and other beverages; prepared food services and seating; and fueling; and
WHEREAS, the City Commission finds that the current application of Section 20-418
restricts its ability to consider a corner neighborhood convenience store with gas pumps in the
Town Center and has determined that a revision is necessary to allow the Commission to
potentially consider a request for such a corner neighborhood store in the future; and
WHEREAS, the City’s Land Planning Agency conducted a public hearing to consider this
Ordinance on ____________,2025, and after receiving testimony and evidence and deliberating
about the merits of the Ordinance, made a recommendation to the City Commission; and
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City of Winter Springs
Ordinance No. 2025-09
Page 2 of 3
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, is hereby amended as follows (underlined type indicates additions and strikeout
type indicates deletions), while asterisks (* * *) indicate a deletion from this Ordinance of text
existing in Section 20-323 including the table of listed uses. It is intended that the text in Section
20-323 including the table of listed uses denoted by the asterisks and set forth in this Ordinance
shall remain unchanged from the language existing prior to adoption of this Ordinance).
Sec. 20-323. Permitted uses.
T1 T2 T3 T4 T5 C/P
* * * * * *
Corner store or neighborhood
convenience store without gas
pumps
P P P
Corner store or neighborhood
convenience store with gas
pumps
CU(1)
* * * * * * *
(1) Notwithstanding Section 20-418 of the City Code regarding gasoline stations, a conditional use may be
approved by the City Commission for an expanded neighborhood convenience store. The store must be between
4,000 to 5,000 square feet and primarily offer traditional convenience store items, including dairy, bakery, tobacco,
beverages, grocery, health and beauty aids, newspapers and magazines, lottery sales as may be approved by the
State, and confectionery. Additionally, it must feature expanded grocery products, fresh fruits and vegetables,
significant fast or prepared food operations and seating, coffee bars or kiosks, and gasoline sales with no more than
twelve (12) fueling positions. The store must also be located at the corner of an arterial road intersection.
P—Permitted by right.
CU—Conditional use.
***
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
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City of Winter Springs
Ordinance No. 2025-09
Page 3 of 3
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 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 _____ day of ______________, 2025.
____________________________________
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
1st Legal Ad Published:________________
First Reading: ________________
2nd Legal Ad Published: ________________
Effective Date: ________________
735
Published Daily in
Orange, Seminole, Lake, Osceola & Volusia Counties, Florida
Sold To:
City Of Winter Springs - CU00116922
1126 E State Road 434
Winter Springs, FL, 32708-2715
Bill To:
City Of Winter Springs - CU00116922
1126 E State Road 434
Winter Springs, FL, 32708-2715
State Of Florida
County Of Orange
Before the undersigned authority personally appeared
Rose Williams, who on oath says that he or she is a duly authorized
representative of the ORLANDO SENTINEL, a DAILY newspaper
published in ORANGE County, Florida; that the attached copy of
advertisement, being a Legal Notice in:
The matter of 11200-Misc. Legal
Was published in said newspaper by print in the issues of, or by publication
on the newspaper’s website, if authorized on May 01, 2025.
Affiant further says that the newspaper complies with all legal requirements
for publication in Chapter 50, Florida Statutes.
Rose Williams
Sworn to and subscribed before me on this 2 day of May, 2025,
by above Affiant, who is personally known to me (X) or who has produced identification ( ).
Signature of Affiant Name of Affiant
Signature of Notary Public
Name of Notary, Typed, Printed, or Stamped
7804888
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By Angie DiMichele
South Florida Sun Sentinel
Reprinted from the Tues-day e-edition’s News Extra.
David Knezevich, the Fort Lauderdale resident charged in the kidnapping and murder of his estranged wife Ana Maria Knezevich who disappeared in Spain last year, died by suicide in jail, his attorney and Ana Knezevich’s family said in statements Monday.Ana Knezevich, 40, was last seen on Feb. 2, 2024. She went to Madrid in Decem-ber 2023 as she and David Knezevich were separated and preparing to divorce; she was considering staying abroad more permanently. Family and friends last received an odd text message from her phone, saying she had met a “wonderful man” and would be staying with him and have no cellphone service.In May 2024, David Knezevich, 37, was arrested by federal authorities at Miami International Airport, and he had been held in the Federal Deten-tion Center Miami with-out bond. He was indicted in November on charges of kidnapping resulting in death, foreign domestic violence resulting in death
and foreign murder of a U.S. national. The indict-ment accused Knezevich of flying to Istanbul before renting a car, driving from Serbia to Spain, spray-paint-ing the security cameras at Ana Knezevich’s apartment and then exiting the apart-ment with a suitcase. The suspicious text message sent from her phone was the same as one Knezev-ich had asked a Colombian woman to help him craft in Spanish for a novel he said his friend was writing, pros-ecutors said.Knezevich was found “unresponsive” at FDC Miami shortly after 8 a.m. Monday, the Federal Bureau of Prisons said in a statement. Employees tried life-saving measures, and emergency medical services personnel pronounced him dead. No employees or other inmates were injured, the statement said.David Knezevich’s defense attorneys, Jayne Weintraub, Christopher Cavallo and Bruce Zimet, said in a statement to the South Florida Sun Senti-nel: “The Defense team is devastated to learn of this news. We sincerely hope that an appropriate and prompt investigation will be conducted.” While authori-ties continue to search, Ana
Knezevich’s family is pained that they may never recover her body, they said in a state-ment Monday.“It is a cruel final insult that we may never recover Ana’s remains or know the full extent of the betrayal she suffered,” their state-ment said. “Still, we remain committed to seeking the truth and justice for Ana
through our attorney, Mr. Ingber, and to preserving Ana’s memory while honor-ing her life with dignity, strength, and love.”Attorney Adam Ingber said: “While his death spares this family from the agony of a trial, it also leaves many questions unan-swered, which we continue to pursue.”
Spanish police, FBI agents and local authorities have searched for Ana Knezev-ich’s remains in bodies of water and wooded areas in Spain, France and Italy.Earlier this year, govern-ment agents seized the phone and laptop of Knezevich’s brother, Ugljesa Knezevich, believing the devices contained evidence
related to the case, accord-ing to a search warrant.A status conference in Knezevich’s case was held on Friday, federal court records show, setting upcoming deadlines as prosecutors and the defense prepared for trial, which was scheduled to begin in June.His defense attorneys in an April 14 motion argued that the government since Knezevich’s arrest in May had been dragging out their prosecution “while it searched for evidence supporting the Govern-ment’s theory that Knezev-ich murdered his wife.”Prosecutors submitted “a last-minute discovery dump,” his defense attor-neys wrote, what they said “can only be viewed as yet another attempt by the Government to needlessly protract the trial date while the Government continues its investigation.”The next hearing was scheduled for May 12.Spokespersons for the U.S. Attorney’s Office Southern District of Florida did not respond to an email seeking comment Monday after-noon.
Sun Sentinel staff writer Shira Moolten contributed to this report.
Attorneys: Man accused in wife’s death kills self
Ana Knezevich with her husband, David Knezevich. ADAM INGBER/COURTESY
Barreto is listed as partner at Capital City Consulting, a lobbying firm. He’s been described as one of the most powerful people in Miami by multi-ple publications, according to his bio.Sen. Bryan Avila, R-Mi-ami Springs, defended Barreto and urged the Senate to confirm him. He described Barreto as a “successful developer” who has also worked to revital-ize Biscayne Bay and rid the Everglades of invasive pythons.“There is certainly a lot of noise,” he said. “I think it’s important for us to some-
times put the noise aside and look at the accomplish-ments.”Barreto was among the 6-1 vote last May when FWC’s governing board set aside objections from environmental groups to back a deal that allows the Central Florida Expressway Authority to cut through Split Oak.He and fellow FWC commissioners were show-ered with shouts of “shame” after that decision.Barreto again defended the vote, extolling the land swap with developers that was part of the Split Oak deal.
Orlando Sentinel staff writer Stephen Hudak contributed to this report.
Senate
from Page 3
Board Chairman Rodney Barreto at a Florida Fish and Wildlife Commission meeting about a proposed toll road through the Split
Oak Forest at the Hyatt Regency Orlando, on Dec. 5, 2023. RICARDO RAMIREZ BUXEDA/ORLANDO SENTINEL
6 Orlando Sentinel | Section 1 | Thursday, May 1, 2025
The City of Deltona’s Community Development Division is now accepting applications for
Community Development Block Grant (CDBG)funding for the 2025-2026 fiscal year.
Eligible applicants include:
•Nonprofit organizations.
•City internal departments and divisions.
Funding is made available through the U.S.Department of Housing and Urban Development (HUD).
The anticipated allocation includes:
•Up to $300,000 for capital improvements and/or housing assistance projects.
••$75,000 for public service activities (the maximum amount permitted under
CDBG regulations).
Important:All projects and programs must primarily benefit low to moderate income (LMI)
individuals or households,in accordance with HUD guidelines.Additional requirements will be
provided with the application.
ELIGIBLE PUBLIC SERVICE ACTIVITIES MAY INCLUDE:
Homelessness Prevention
Youth and Childcare
Elder Care
Application Deadline:
•Monday,May 12,2025,by 4:00 pm.
For more information or to request an application,please contact the Community
Development at:
Phone:386-878-8620
Email:comdev@deltonafl.gov.
CITY OF DELTONA
2025-2026
NOTICE OF FUNDING AVAILABILITY
(NOFA)FOR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS (CDBG)
NOTICE OF PUBLIC HEARING
CITY OF WINTER SPRINGS
NOTICE IS HEREBY GIVEN THAT THE PLANNING AND ZONING
COMMISSION/LOCAL PLANNING AGENCY AND THE CITY
COMMISSION PROPOSE TO CONSIDER THE FOLLOWING:
ORDINANCE NO.2025-09
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS,SEMINOLE COUNTY,FLORIDA;AMENDING SECTION 20-323
PERMITTED USES IN THE TOWN CENTER DISTRICT CODE REGARDING
CORNER STORES OR NEIGHBORHOOD CONVENIENCE STORES WITH
GAS PUMPS ON PROPERTIES WITH A T-5 TRANSECT DESIGNATION;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS,INCORPORATION INTO THE CODE,SEVERABILITY,
AND AN EFFECTIVE DATE.
AND
ORDINANCE NO.2025-10
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS,FLORIDA,AMENDING THE CODE OF ORDINANCES OF THE CITY
OF WINTER SPRINGS,FLORIDA TO ADD PARKING LOTS AS A PERMITTED
USE IN THE C-1 DISTRICT,SUBJECT TO CERTAIN CONDITIONS;TO REVISE
REQUIREMENTS FOR SURFACE MATERIALS USED FOR PARKING LOTS;
TO ESTABLISH ADDITIONAL REGULATIONS FOR OFF-SITE PARKING LOTS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS,INCORPORATION INTO THE CODE,SEVERABILITY,
AND AN EFFECTIVE DATE.
CITY COMMISSION PUBLIC HEARINGS FOR SECOND READING/
ADOPTION WILL BE HELD ON MONDAY,MAY 12,2025 AT 6:30 PM OR
SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED
AT WINTER SPRINGS CITY HALL,1126 EAST STATE ROAD 434,
WINTER SPRINGS,FLORIDA.
THE CITY COMMISSION RESERVES THE RIGHT TO POSTPONE OR
CONTINUE THE PUBLIC HEARING ON THIS ORDINANCE AT THIS MEETING
WITHOUT FURTHER NOTICE.
The proposed ordinance may be obtained by interested parties between 8
a.m.and 5 p.m.,Monday through Friday,from the office of the City Clerk,
located at 1126 E.SR 434,Winter Springs,Florida.For more information,call
(407)327-1800 #237.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 resolutions.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.
Newspaper: Orlando Sentinel Advertiser: City Of Winter Springs
Issue Date: Thu, 05/01/25 Ad Number: 7804888-1
737
This Business Impact Estimate may be revised following its initial posting.
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
TELEPHONE: (407) 327-1800
FACSIMILE: (407) 327-4753
WEBSITE: www.winterspringsfl.org
BUSINESS IMPACT ESTIMATE PURSUANT TO F.S. 166.041(4)
This form should be included in the agenda packet with the proposed ordinance to be considered. It
must be posted on the City’s website by the time notice of the proposed ordinance is published.
City Commission Meeting Dates: First Reading: April 28, 2025
Second Reading: May 12, 2025
Ordinance Number: _2025-09
Posted To Webpage: May 1, 2025
This Business Impact Estimate is given as it relates to the proposed ordinance titled:
Ordinance No. 2025-09
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; AMENDING SECTION 20-323 PERMITTED USES IN THE TOWN CENTER DISTRICT CODE
REGARDING CORNER STORES OR NEIGHBORHOOD CONVENIENCE STORES WITH GAS PUMPS ON
PROPERTIES WITH A T-5 TRANSECT DESIGNATION; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND AN EFFECTIVE DATE.
Parts I-IV below are not required to be completed if the ordinance involves any one of the following
types of exemptions. Please check ONLY if applicable:
__ 1. Ordinances required for compliance with federal or state law or regulation;
__ 2. Ordinances relating to the issuance or refinancing of debt;
__ 3. Ordinances relating to the adoption of budgets or budget amendments, including revenue
sources necessary to fund the budget;
__ 4. Ordinances required to implement a contract or an agreement, including, but not limited to, any
federal, state, local, or private grant, or other financial assistance accepted by a municipal government;
__ 5. Emergency ordinances;
__ 6. Ordinances relating to procurement; or
__ 7. Ordinances enacted to implement the following:
__ a. Development orders and development permits, as those terms are defined in s. 163.3164, and
development agreements, as authorized by the Florida Local Government Development Agreement
Act under ss. 163.3220-163.3243;
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This Business Impact Estimate may be revised following its initial posting.
__ b. Comprehensive plan amendments and land development regulation amendments initiated by
an application by a private party other than the municipality;
__ c. Sections 190.005 and 190.046;
__ d. Section 553.73, relating to the Florida Building Code; or
__ e. Section 633.202, relating to the Florida Fire Prevention Code.
Part I.
Summary of the proposed ordinance and statement of public purpose:
The City Commission is seeking to amend the City Code related to uses in the Town Center Zoning
District allowing corner store or neighborhood convenience stores with gas pumps as a Conditional
Use in the T-5 transect. The City of Winter Springs, Florida finds this ordinance to be in the best
interests of the public health, safety, and welfare of the citizens of Winter Springs.
Part II.
Estimate of the direct economic impact of the proposed ordinance on private, for-profit
businesses in the City of Winter Springs: (fill out subsections a-c as applicable, if not applicable
write “not applicable”)
(a) Estimate of direct compliance costs that businesses may reasonably incur if the proposed
ordinance is enacted:
- Not applicable
(b) Identification of any new charges or fee on businesses subject to the proposed ordinance, or
for which businesses will be financially responsible; and
- Not applicable
(c) An estimate of the City of Winter Springs’ regulatory costs, including an estimate of revenues
from any new charges or fees that will be imposed on businesses to cover such costs.
- No new regulatory costs or new charges or fees on businesses are anticipated
Part III.
Good faith estimate of the number of businesses likely to be impacted by the ordinance:
- The proposed changes are limited to the T-5 transect in the Town Center District, three to four
businesses at most would be potentially impacted by this ordinance.
Part IV.
Additional Information the City Commission may find useful (if any):
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