at the meeting still too you just have to send the draft they can always be amended on the vote perfect ready we'll go ahead and call the February 6 2024 City of Winter Haven Planning Commission meeting to order Jordan if you would please take roll David Lane here Mario Manago here Elizabeth Davis Jennifer fasking here Wendy Vinter here Colin Wells here Ed Smith Tina Summerland here and Craig Fuller we have a quorum all right if you would please stand for the invocation and pledge Heavenly Father we thank you for this day we thank you for this beautiful weather and another opportunity to serve the City of Winter Haven we ask that you be with us and guide us we ask these things in your heavenly name amen amen amen I pled Al to the of the United States of America and to the Republic for it stands one nation under God indivisible with liy and justice for all all right Commissioners had a chance to review the minutes from the previous meeting if so we'll entertain a motion I make a motion to approve the January 2nd 2023 meeting minutes I would second that motion all right all those in favor say I I all oppose same sign all right the minutes are approved all right I will run through a brief explanation of the hearing uh cases will be read into the record and City staff will provide a presentation Commissioners will have an opportunity to ask questions of Staff um and once Commissioners have had that opportunity we will close the planning portion of the hearing and open the public portion of the hearing anyone wishing to speak for or against a case starting with the applicant may do so and we ask that you limit your comments to five minutes um once everybody from the public has had an opportunity to speak we will close the public portion of the hearing and reopen the planning portion of the hearing um where Commissioners can ask additional questions or we will entertain a motion and a vote um if there's anybody here that would thinks they may or may not speak uh you know for or against a case if you would please stand and Jordan will swear you in do you solemnly swear or affirm that the testimony you're about to give in this case shall be the truth yes all right okay moving on to new business uh case number P d2409 and p24 d10 request by Shelton rice to assign neighborhood Suburban future land use and multif family residential low density R3 zoning District to an annexed parcel General location a parcel generally located Southwest of the intersection of old BTO Lake Wales Road and Waters Road the area covered by this request is 19.2 plus or minus Acres Heather reuer senior planner for the record um here you have is the future land use map as you can see um the subject property there is hatched to the uh East and across to the north and as you go to the Northwest the city designations in this area our neighborhood sub Suburban which is what is being requested as you look at the zoning map to the east is um R3 zoning which is what is being requested for this property and then we have planning unit developments in the area that allow for mixure of um densities of single family and some Town Homes immediately to the north down as you head towards the West in the bend of um County Road 653 there is some additional R3 as well as a pocket of commercial as you look at the aerial again it is um current uh orange groves that are there in the property um and then this is a view looking to the south at the property um as you look to the west and past those tree lines down there there are some single family homes as you look to the north there is a single family home um that is uh in unincorporated and around that is the peace Creek Village um uh development that is under construction and there is more of that as you look to the Northeast and then as you look down the East um there's the adjacent property that we recently annexed and zoned R three and then on the North side um there are some single family that are located in the county Shelton rice is the petitioner and he requests the city assign neighborhood Suburban future land use and multif family residential low density R3 zoning District to an Annex parcel the parcel totaling 1929 plus or minus acres is generally located Southwest of the intersection of old old BTO Lake Wells Road and Waters Road the subject property currently consists of citrus Groves the parcel was annexed into the city November 2 7th 2023 the petitioner proposes to develop the property with residential but a specific product mix and units has not been determined at this time at the maximum density of 12 doelling units per acre Allowed by the R3 zoning District the theoretical maximum number of units is 231 as these requests contain a small-scale fatur l use Amendment reviewed by the Florida Department of Economic Opportunity and other state and local agencies is not required prior to annexation the pop County l use for the subject parcel was agricultural residential rural the requested residential Suburban use um futur use is consistent with the surrounding City uses and designations the requested R3 zoning district is consistent with the residential Suburban future land use and designation and the city designations to the east and north um staff's review shows that there's sufficient public infrastructure capacity to accommodate the maximum theoretical development under R3 and therefore step does recommend the Planning Commission recommend approval of these requests and their forwarding to the city commission for final action I stand for any questions any questions no questions no questions no okay we will close the planning portion of the hearing and open the public portion of the hearing if the applicant is here would' like to start with with them yep if you would please state your name and address for the record for sure thank you for the record my name is Shelton rice I'm an attorney with the law firm of Peterson and Myers address 225 East Lemon Street Lakeland Florida today I'm here on behalf of the applicant uh our client has procured this property he's the developer of the property to immediately to the east this is something that's been in the works for over a year we've annexed the property in and now we're going for uh assignment of land use and Zoning I appreciate Miss Rutter and all the staff's assistance as we kind of work through this process she did an excellent job summarizing the request I'm happy to answer any specific questions you have uh we don't have a concept plan we're not anticipating developing to the 12 units per acre this is more of a single family type development consistent with the other densities and lot sizes that are anticipated out here including the adjacent property to the east uh but that that was the one that was most consistent with kind of what we were proposing to do so anyway glad to answer any questions appreciate your time and if there are any public comments I'd ask for just a moment to come up and respond I appreciate it thank you thank you anybody El wishing to speak for or against this case okay we will close the public portion of the hearing and reopen the planning portion any additional comments or questions from planning Commissioners no I'll make I'll make a motion okay make a motion that we um approve case numbers p- 24-9 and p- 24-10 request by Shelton rice to assign neighborhoods Suburban future land use and multif family residential low density R3 zoning District to an Annex parcel General location a parcel generally located Southwest of the intersection of old Barto Lake Wales Road and Waters Road the area covered by this request is 19.2 19.2 n plus or minus Acres as submitted in the fact sheet I would second it we have a second all those in favor say I I all oppose same sign all right case is approved thank you moving on case number p- 24-12 administrative requests to amend the Winter Haven code of ordinances chapter 21 Article 2 Division 3 section 21- 68 fences walls berms and hedges and chapter 21 article 9 section 21 through 531 definition defin definitions for the purpose of updating standards and definitions related to fences and walls right hea waiter for the record again all right so section 2168 of the Wonder Haven code of ordinances do provide standards for fences walls BMS and hedges specifically permitting requirements maximum Heights by zoning district and maintenance requirements are addressed in section 2168 since the adoption of the section in 2000 there have been six minor amendments to update language and adjust some requirements due to this the flow of the section has been pieced together through amendments over the years this proposed change will reorder and condense standards to allow for the section to be more user friendly additionally in recent months there have been questions of whether all standards apply to walls as the code references only fences in certain areas while the definition of a fence in section 21531 includes a wall this update will clearly State what applies to fences and walls additionally maintenance requirements a setback standard and a definition for retaining walls is also being added staff recommends the Planning Commission recommend approval of this request and it's forwarding to the city commission for final action I stand for any questions yes sir um is this uh much different from what we um currently have no it still matches the same it's just previously it would um if you look in the Redline edition you'll see it would pieace Mill and write out in text what zoning districts and the height we're condensing those different conditions down to a userfriendly reading table so you look at your zoning District you look at the location of the fence and you know what your maximum height can be so we're just making it more user friendly and then just anywhere where it says only fences we're also making sure it also says walls and again adding information about retaining walls to specifically call those out right thank you no questions no questions all right we will close the public portion of the hearing and close the planning portion of the hearing and open the public portion of the hearing anybody from the public wishing to speak on this case all right seeing none we will close the public portion and open the planning portion and we will entertain a motion I'd like to make a motion to approve case number p- 24-12 a man request to amend the wed heav code of ordinances chapter 21 Article 2 Division 6 section 21- 68 fins walls Burns and hedges in the chapter 21 article 99 section 21- 531 definitions for the purpose of updating standards and definitions related to fences and walls second we have a second all those in favor say I I all oppose same sign all right case is approved moving on case number p- 24-13 an administrative request to amend the Winter Haven code of ordinances chapter 21 Article 2 Division 5 Section 21- 97 and chapter 21 Article 2 Division 2 table 21 through 32A for the purpose of addressing pharmacies and medical marijuana dispensar dispens ing facilities in the mixed use MX zoning District to amend chapter 21 Article 2 Division 2 table 21 through 32A for the purpose of adding medical clinics as a use and to amend chapter 21 article 9 section 21 through 531 for the purpose of amending definitions related to medical offices and medical clinics section 2197 of the Winter Haven code of ordinances provides stand ards for pharmacies and medical marijuana dispensing facilities and was adopted in 2018 with the legalization of medical marijuana by the state of Florida other than where preempted by state law local jurisdic jurisdictions cannot regulate medical marijuana dispensing facilities differently than pharmacies section 2197 and table 2132 a provide the zoning districts where pharmacies and medical marijuana dispensing facilities are permitted and permitted by special use approval currently these uses are not permitted in the mixed use MX zoning District within properties currently zoned MX there are two large medical clinics one of these medical clinics is currently seeking to open an accessory Pharmacy within their medical clinic campus staff has reviewed this and has determined allowing pharmacies and medical marijuana dispensing facilities by special use approval as an accessory use to a medical clinic in the MX zoning District would be appropriate therefore staff does recommend the Planning Commission recommend approval of this request and it's foring to the city commission for final action stand for any questions I have one um how many um medical marijuana dispensing uh um facilities do we have that are separate from regular pharmacies we do not I don't have a number for that um that's not something that we keep track of I mean they would be required to get a business seure seat like any other but I don't have a number for that again we're f focusing on medical marijuana dispensing facilities and pharmacies in the MX zoning district and only extending them as an accessory use to a medical clinic by special use approval before this body so we're not looking at the city as a whole they're already permitted where they are allowed changes to that we're just adding an additional area by special use as an accessory use to a medical clinic so it's still it still would not be an approved use in mix use zoning District if there wasn't somehow attached to a medical clinic yes and did not and still have to re come to a public hearing and receive special use approval gotta okay yes very it's very safeguarded for the simple fact that if you're aware MX allows for single family multif family and a mixture of um Medical Offices professional offices retail and other commercial and so we want to protect what is a high use of a pharmacy or medical marage from being next door to a single family so been located in a medical clinic which we um have provided definition for which would be a facility a Medical Campus that has at least three or more um medical disciplinaries within it it it's not going to be impactful because that's already a large medical compx and so I mean obviously within MX just so you're aware that is Bond Clinic and gesler Clinic are the two medical clinics that I'm referencing right okay all right any additional questions no all right we will close the planning portion of the hearing and open the public portion anybody from the public wishing to speak for or against if you would please state your name and address for the record sure good evening uh Cesar Sedano uh is my name and I am I live in um South Florida so my address is 5410 Southwest 196 Lane Southwest Ranches Florida 33332 uh I'm here on behalf of a center Well Pharmacy owned by Humana um to talk a little bit about what what our pharmacies do so our Center well retail pharmacies are are Community pharmacies like a Walgreens or CVS but we are only collocated within medical clinics um we partner with primary care medical providers with a high percentage of Medicare uh patients the normal functions that our pharmacies do uh very similar to other pharmacies dispense medications upon receipt of a of a prescription collaborate with the medical staff on the best course of therapy for our patients delivering medication therapy management promoting adherence medicate adherence to medications for patients who are on chronic therapy for diabetes hypertension hyper hyperlipidemia and other disease States um we identify gaps in therapy for the patients and collaborate with the providers to ensure uh Optimal Health outcomes for our patients um we dispense Naran as Allowed by collaborative practice agreement and sing order prot protocol when appropriate we identify gaps in immunization schedule and provide immunizations based on state guidelines and procedures um as an organization we have 41 uh locations 88% of the prescriptions that we dispense are adjudicated through humanas insurance plan uh whether that's Medicare Part D Medicaid or Care Plus um 11 a half% of prescriptions that we adjudicate through other thirdparty plans um it Le 0.5% for cash paying customers uh each Pharmacy team consists of at least one registered pharmacist one registered pharmacy technician based on the work volume of each location so far in Winter Haven we've hired four Associates um one pharmacist and three technicians um and each Pharmacy is constructed to ensure all medications are safely and securely stored and our normal operating hours are mimic the clinics hours which are um 8:30 to 5: uh Monday through Friday I like to turn it over to my le C for some uh more context thank you thank you for your comments I'm Ashley scanlin and here on behalf of Bon Clinic which is 500 East Central Avenue Winter Haven Florida um we have been on this journey for about four years with the centell pharmacy brand um as having over 1,600 visits a week of um patients in this community five out of our seven locations are here in Winter Haven and this is something that we feel like is really important for quality of care and access which are some of our pillars and so um we have found a really great partner in centrell um when it came to us that uh we were mixed use and this was an issue I had a great conversation with Eric laby because it's really important to us for the code to protect the community around us we've been here 75 years and we feel like that's really important so um he was very mindful to say Not only would um the code protect with this only being inside a medical clinic um but also defining the definition of a medical clinic which I think is really important um as to to make sure our community is represented well and the mixed juuse is is done appropriately so we thank you guys very much for considering this um once again we feel like it's a a great asset to our patients to be able to come during their visit and pick up their medication while while on the premises thank you for your comments anybody else from the public all right seeing none we will close the public portion of the hearing and reopen the planning portion any additional questions or we will entertain a motion NOP I'll make a motion but I have a question what with this Pharmacy is it going to be a medical marijuana dispensary as well no no no absolutely not okay okay thank you you're welcome but I do need to caution that we're not approving this based on what they are doing this is a change to the code right and Pharmacy and medical marijne dispensing facilities by the state have to be regulated the same so if they chose to do that or another medical clinic located in MX they would have the same ability to do that so I want you to make be aware of that that you're not doing on what they presented right it it's what the code is changing to thank you we're changing the code I appreciate it and then they would still have to come back for special use approval after this is adopted that is correct okay y perfect okay I'll make a motion that we approve case number p- 24-13 and administrative request to amend the winter hative and code of or code of ordinances I think you're contagious chapter 21 Article 2 Division 5 Section 21- 97 and chapter 21 Article 2 Division 2 table 21 to 32A for the purpose of addressing pharmacies and medical IAL marijuana dispensing facilities in the mixed use MX zoning District to amend chapter 21 Article 2 Division 2 table 21 to 232a for the purpose of adding medical clinics as a use and to amend chapter 21 article 9 section 21 through 531 for the purpose of amending definitions related to medical offices and medical clinics as presented in the fact sheets second all right um all in favor say I I I all oppose same sign I all right case is approved other business election time no can we jump into a motion sure can I make a motion that we did extend the length of terms so that we can make a motion to maintain our current chair and vice chair if they're so willing I'm so willing I'm so [Laughter] willing did you make the motion I'm making the motion I second it all right normal vote all right all those in favor say I I all oppose same sign all right congratulations Vice chair and the rest of us goooo uh comments from staff not too much tonight um just let you know your January items that you considered are moving through the process and will be heard by the city commission for final action this month uh just as a reminder those include future land new and Zoning assignments for a parcel there on lamp flight Lane at Cypress GS Boulevard uh some changes to our water uh Waterfront uh setback requirements and then finally uh some Chang of the Marine structures so all three of those are moving forward and that's all I got all right thank you any comments from planning Commissioners I have one question um in Winter Haven where the Banyon Beach Hotel was uh we approved uh um the construction on on the site that is currently going in uh uh what will that be it currently has site plan approval for about 150 Assisted Living units and that was approved probably a couple of years ago now yes I I the thing they started work and have basically come to a stop um the way the code is set up if you you haven't your approved site plan is good for a year um you have a year to start work but the way the code's written once you start work basically your site plan's Locked In Forever at that point um so that site right now is is dormant and um we've not really had any contact with the uh developer in I'm going to say at least a year at this point so we it's been that long yeah at least yeah um there's a condominium right next to there very very close and uh when they were doing work the debris or or the excess was falling over the side there uh a lot of people were asking what is going in there and U I couldn't tell them even though I uh had the copy of that uh uh of that um proposal that that they had a couple of years ago and uh so there isn't work being done on it now the only work that currently is going on the city is building a lift station on a portion of the property that's the only activity that's actually going on right now okay do you know whether they're just going to to walk away from it or we don't know at this point in time again we've had no communication with the uh the developer um and as the site plan at this point has no expiration date um you know unless there's a visible code violation on the site um which there may or may not be I I don't know um it it's going to continue to the the way it is present can sit there in other words oh okay uh there have been a lot of people asking uh we live near there and and uh I couldn't tell them anything CU I didn't know him so that's that's the story right now thank you so much all right any other comments no comments from the public anybody okay all right then we are adjourned okay