didn't see yep you're good oh okay I'll give you six more inches here good yes pleas are you it you have one of these oh I have call the City of Winter Haven Planning Commission meeting uh for April 2nd 2024 to order Jordan if you would please take roll David Lane here Mario Manago Elizabeth Davis here Jennifer fasking here Wendy vinters 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 and for another opportunity to serve the City of Winter Haven we ask you for our fantastic staff that helps to guide us we ask that you be here with us and guide our decisions we ask these things in your heavenly name amen amen I pledge allegiance to of the United States of America for it stands one nation God indivisible with liberty and justice for all all right thank you have Commissioners had an opportunity to review the uh previous minutes if so we'll entertain a motion I move that we approve the meeting minutes as submitted for March 5th 2024 second second all right we have a second all those in favor say I I all oppose same sign okay minutes are approved I'll do a brief ex explanation of how the hearing will go uh cases will be read into the record and City staff will Pro provide a presentation uh at that time Commissioners will have an opportunity to ask questions of Staff uh once uh all Commissioners have had an opportunity to ask their questions we will close the planning portion of the hearing and open the public portion of the hearing anyone from the public wishing to speak for or against a case uh starting with the applicant may do so we ask that you limit your comments to 5 minutes uh once everyone 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 and uh Commissioners will have an opportunity to ask additional questions or we'll entertain a motion and a vote um if you are here and you think you may speak 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 thank you Jordan all right moving on to new business case number p2403 DS request by Nicholas Jones for special use approval for a medical medical marijuana dispensing facility located in the commercial downtown C1 zoning District General location 623 Street Southwest the area covered by this request is41 plus or minus Acres all right thank you heather reuer senior planner for the record um as you look here on your screen this is the zoning map as you can see that this is the most South uh West portion of our C1 zoning District located at the corner of Highway 173 Street and Avenue G um the properties to the north and and East are also C1 and then we also have uh C3 to the South and Southwest and the uh City's Fire Station is in the pi across the street so you look at the aerial you can see this is a former Osaka's Restaurant and ancillary parking is on the site um some uses in the area are um an insurance office to the immediate North to the east is um Precision lock uh uh retail and safe and uh to the South is a medical um retail sales and then across 17 we do have fire station one as you look at the subject property again uh this is a former restaurant that has been currently vacant um and is up for sale this is a view looking to the east um again there's a public alley that's located there that separates it from um the locksmith uh building as you look to the South along 17 uh we have a mixture of commercial uses um restaurants and Commercial plazas and as you look across the west of 17 Again there is the um fire safety and as we head into downtown on going north on Third Street um again it's a office building and churches and other uses as you head into the commercial and then this is a view from the rear to show that there is that platted um improved Alleyway Nicholas Jones is the petitioner and requests special use approve approval for a medical marijuana dispensing facility located in the commercial downtown C1 zoning District the subject property totaling 0.41 plus or minus acres is located at 623 Street Southwest and contains an approximate 2,116 square foot vacant commercial building and Associated parking the most recent use was a restaurant the petitioner proposes to operate a medical marijuana dispensing facility with approximately 10 to 15 employees since the property is located in the C1 zoning district there are no on-site parking requirements however on-site parking will be provided by an existing improved on-site parking lot containing 28 parking spaces with access to Third Street Southwest Avage G Southwest the pros hours of operation or from 9:00 a.m. to 7:00 p.m. drive-through facilities are not planned as a part of the business operation upon staff's review of this request um we yield the following conclusions based on the size of the building available on-site parking and lack of drive-through facilities impacts are expected to be similar to a typical retail use the petitioner's request is consistent with the mixed use character of the surrounding area and that of the downtown Corridor and the subject property meets the required separation from public and private elementary middle and secondary schools um staff does recommend that the Planning Commission approve this request subject to the conditions that are within your agenda packet um which are one no drive-through facilities are permitted into a site plan shall be submitted and approved and all required improvements shall be made prior to the occupancy and operation of the medical marijuana dispensing facility um this is the site plan that was provided um as just a conceptual as far as the use goes and I stand for any questions that you may have any questions no questions are there are there any um footage requirements like we would have with a drinking establishment to a church or anything like what's the separation so the only separation requirement is that that was um Allowed by Florida statute which is 500 feet from any um public or private elementary middle or secondary school and this location meets that requirement okay okay if uh we add this one uh how many um of the um similar will we have uh in the city I I do not have a running total of how many are located this would be the first one located within the C1 zoning District I see okay thank you any additional questions no all right we will close the planning portion of the meeting and open the public portion of the hearing if anybody would like to speak for against this case uh starting with the applicant would you please come forward if you would please state your name and address for the record sure uh my name is uh Steven timus uh 2205 Cold Stream Drive in Winter Park Florida um I work for red belt Partners the developer uh looking at this building um we are seeking a special use approval for medical marijuana treatment facility uh at this location the request comes with staff recommendation for approval and we'd appreciate a favorable decision on behalf of the commission and appreciate yall's time thank you okay anybody else all right we will close the public portion of the hearing and open the planning portion any additional questions from Commissioners or we'll entertain a motion no questions um I'll move that we approve case number p2403 s request by Nicholas Jones for special use approval for a medical marijuana dispensing facility located in the commercial downtown C1 zoning District General location 623 Street Southwest the area covered by this request is 041 plus or minus Acres as is presented with the packet with conditions with conditions the packet thank you thank you I'll second um all those in favor say I I I all oppos same sign n n okay case is approved uh moving on case number p- 24-18 request by Blue Sky communities to rezone a portion of a parcel from single family residential small lot R2 zoning District to multif family residential low density R3 zoning District General location the Eastern portion of a parcel generally located east of the intersection of recer Highway and 21st Street Southwest the area covered by this request is 8.8 plus or minus Acres all right this is um a depiction of the future land use map as you can see the subject property is designated traditional neighborhood area as is the um immediate residential that is located ated um in the area we also have areas of commercial that has neighborhood support uh future landan use on it and some neighborhood support um Suburban um as you look at the zoning map as you can see this is a Eastern portion of a parcel the fir the Western portion is designated C3 which is our commercial Highway zoning district and this portion of the property is R2 uh with a request for R3 in the area we do have R2 Zone to the South as well as R3 zoning um and again additional C3 and then the the white portion uh you'll see as I go to the aerial is um CSX railroad tracks that do run immediately adjacent to this parcel as well um as you look to the aerial it is undeveloped um at this time and the stone bridge development is located to the South um they are single family detached in the R2 portion and then there's a attached multif family uh at an approximate 10.6 units per acre in our three portion immediately adjacent uh this is a view of the subject property as you look out to it obviously it's undeveloped and wooded still um as you look to the north the property does front onto 21st Street as well um and you head north towards the railroad tracks um across the street to the West um there's uh some commercial and residential um and again to the South we have Stonebridge uh multif family portion all right a little bit of a background blue sky communities is the petitioner and they request the city of reson a portion of a parcel from single family residential small lot R2 zoning District to multi family residential low density R three zoning District the area subject to this request is the Eastern portion of a paral generally located east of the intersection of Rucker Highway and 21st Street Southwest the property contains approximately 8.8 plus or minus acres and is currently undeveloped the Western portion of the parcel is designated as commercial Highway C3 zoning District the petitioner proposes to develop the property with multif family residential based on the maximum permitted density of 15 units per acre for property zoned R3 and mapped in the central Urban core by the comprehensive plans future land use map a maximum of 132 units could potentially be developed on the property this represents an increase of 88 units over the maximum number of unit units potentially developed under the current R2 zoning the petitioner's request results in an increase in public infrastructure demands at this time there is sufficient capacity available to support the maximum potential development of the subject property under the requested zoning designation as with all developments in the city a final concurrency determination for all supporting public infrastructure will be made prior to final site development approval for the record all notification requirements uh were met we did did receive one email in opposition of the of the request uh however staff's review of the petitioner request yields the following con conclusions the requested R3 zoning district will serve as a transition between single family uses located to the south of the subject property and the higher intensity uses located along the re Recker Highway Corridor as well as an active railroad track located to the east the proposed R3 zoning district is consistent with the intensity of the Stonebridge Villas located to the South which are does designated R3 and developed at an approximate 10.6 units per acre the requested R3 zoning district is consistent with the traditional neighborhood area future L use assigned to the property and this request will result in a potential increase in public infrastructure demands however at this time there is sufficient capacity to support the maximum potential development under R3 therefore staff does recommend um that the Planning Commission recommend approval of this request and its foring to the city commission for final action I stand for any questions you may have Heather does the petitioner own that front commercial parcel as well it they are currently I believe under contract for the entire parcel um but as the um Western portion is C3 the request is only to resum the R2 to R3 got you and so they'll access that through that parcel that will be that is correct their their Fest and access access to this portion of the parcel is from recer Highway or 21st Street gotcha okay any additional questions no all right we'll close the planning portion of the hearing and open the public portion anybody from the public wishing to speak for against this case starting with the applicant we'd ask that you come forward if you would please state your name and address for the record Sean Wilson 180 with offices and 180 Fountain Parkway North in St Petersburg thank you very much Mr Mr chair um my name is Sean Wilson I'm the president of Blue Sky communities and I want to thank uh staff for their recommendation and um tell you that you know Blue Sky communities uh has a proven track record of building um nice apartment complexes and it's our goal to uh be good neighbors to build something that's attractive to build something that's uh durable and that really uh is needed in the City of Winter Haven and to create an asset that city leaders and even our direct neighbors can be proud of for decades to come and I'm here to answer any specific questions I think that the staff um summation and the staff write up was uh was uh all inclusive and I didn't have anything to add all right thank you for your comments anybody else go ahead I just have a question if you yeah if you would just come up to the podium and give a your name and address for the record sure my name is Daniel dunan I'm at 1535 Fox Bridge Brun Southwest uh and just have a general question about the access point and uh whether you would consider the additional requirement uh for the access point to be off a recer highway and not 21st straight the reason I asked that is uh so that there's not impact to the park community that's right next door because uh 21st Street AR receives a lot of uh traffic going through it uh already and will this increase the amount of traffic that potentially is a hazard to those that want to utilize the park okay I that's all I want you to consider I'm don't I'm not for or against this proposal just that you would consider that as something to consider in this decision thank thank you thank you for your comments yes ma'am hi my name is Susan Stone 2032 Kings Crossing South West Winter Haven I am the treasurer of Stonebridge patio homeowners which will back up to this property and I have two concerns one our drainage system that runs from recer Highway behind our entire subdivision through Camelot we have a lot of drainage problems right now and Mike Thompson with the city has been working with that trying to resolve the collapsed drainage pipe if all of this becomes a subdivision back there what is going to access the availability of the city to be able to get in to repair these pipes and my second question is does anybody know approximately how many stories of is this going to a multi Apartments to where they're three or four stories high or it says 132 units that's a pretty lot that's that's a lot right and I'm just curious to know if anybody has any prints I know when they built the other one on the other side behind phase two the engineers were here and they showed us blueprints of what they were building and now I don't see anything and I think we should be able to have that well and they they will have to come back for site plan approval I think this is just for the zoning of the of the property do we have any indications any any conversations on the drainage that you can elaborate on or anticipated total unit count you do you want to speak to Transportation drainage oh okay so yeah so I'll speak to the previous comment too on Transportation so as far as access points that's not something that we'll dictate at this point that would be through the site plan process because recer highway is a DOT um roadway through there they may dictate of where the access whether it's off of there or off of 21st Street um there also is a slope that's there so there may be some engineering that so that will come through the site plan process of where that access point will actually be located um as far as drainage with any new development when it's created they'll have to go through Swift Mud permitting and have their own storm water retention within that site and capture everything that is from their site into that um to prevent it so I don't know currently what drainage issues that you're dealing with does anybody else on staff okay think Sean does so he maybe speak to that a little bit more I I can speak to the existing issue the collapse pipe is actually north of the lake Howard Nature Park and the city recently acquired the old radio station property and part of the acquisition is to address the drainage issues that are in this General neighborhood so okay okay I I just know that we've been working for two years now getting this drainage pipe fixed and that's a little excessive but we're low on the totem pole and I understand that but I don't want something to be more complicated that when they start tearing the trees down to put in a complex those tree roots are just going to collapse our pipes because they are right on the borderline understood thank you okay thank you for your comments anyone else my name is d keplinger 216 Lake hour drive um I own multiple rental properties in both Stonebridge and Foxridge and unfortunately I don't we don't need another apartment building over there um right now all I look at is if it's going to increase or decrease the value of my property and having a apartment complex where nature Woods are right now is not going to increase my property value it's going to put a much heavier load of people coming through that area it's a very crime-free area now yet we've had multiple problems with the other apartment building that they just built um as a homeowner I don't need any you know part of the draw of buying those properties wasn't backed up to woods and now it's all going to be taken out all the trees are gone we'll have people in two three four story building depending on what they Zone it or decide to build it looking down on to our property is just I don't feel that it's a good idea Winter Haven doesn't need any more apartment buildings contrary to his belief from St Pete we've got plenty of growth in Winter Haven especially on the Southeast side of town it's just one more property that's going to come in and take away we've got a Nature Park right to the side of it that's going to no longer look like a Nature Park because nothing it sees will be nature it'll see concrete and a multi-story building I think it needs to stay the same as it is okay thank you for your comments anybodys from the public no all right we will close the public portion of the hearing and reopen the planning portion of the hearing any additional questions from Commissioners no okay I will go ahead and make a motion uh in favor of case number p2418 request by Blue Sky communities to rezone a portion of parcel from single family residential small lot R2 zoning District to multif family residential low density R3 zoning District General location the Eastern portion of the parcel generally located east of the intersection of wer Highway and 21st Street Southwest the area covered by this request is 8.8 plus or minus Acres as presented in the fact sheet second right second all those in favor say I I all all oppose same sign sign all right case number is approved case number p- 24-4 DS request by Dr D hag and D's Bulldogs resq Inc for special use approval for a large scale drinking establishment located in the commercial downtown C1 zoning District General location 29 5th Street Northwest the area covered by this request is 03 Plus orus 8 all right on the screen is the zoning map um this is located in our C1 zoning District uh to the west of Central Park um as you look in the area is it's surrounded by C1 um as you can see the subject property there on the aerial is um a unit that's located in uh a row of buildings that are uh share building walls down the west side of Fifth Street Northwest across from Central Park this is a view looking at the subject property as you look to the north there's a um balance culture gym is located immediately next to that I believe a hair salon and some office uses uh as you look to the east it's our Central Park and to the c um South there is retail use Dr D Haag and D's Bulldogs rescue Inc are the petitioners and they request special use approval for a large Shield drinking establishment located in the commercial downtown Town C1 zoning District the property subject to this request is located at 295th Street Northwest the applicant proposes to operate a drinking establishment called atmosphere of comfort in the approximate 1,162 ft lease space the prosed floor plan for atmosphere of comfort contains five tables three sofas and a bar with four seats the propos hours of operation are Tuesday through Thursday from 4:00 p.m. to 12: midnight Friday and Saturday from 400 p.m. to 1:00 a.m. and Sunday from 2:00 p.m. to 12 midnight per section 2196 the applicant has developed a security plan that has been approved by the chief of police a large scale drinking establishment with 1,162 ft of gross floor area would require 17 parking spaces since the property is located in the C1 zoning district there are no on-site parking requirements however within the downtown Corridor there are approximately 700 public parking spaces either on Street in a parking lot or in the Downtown parking garage um all public notifications for this request were met in conclusion the location of atmosphere comfort in the city's downtown is consistent with long-term goals to grow the social cultural and business core of the city minimum offsite impacts are expected as a result of the request and additionally the required security plan has been approved by the chief of police staff does recommend that Planning Commission approve this request subject to the conditions that are within your agenda packet um and this is the conceptual plan of inside that was submitted by the applicant I stand for any questions you may have any questions yes sir uh how many hours do we have in that area that there within within a block or or so there can can you tell us that I do not have that number off hand but there are locations within the C1 zoning District that do have special use approval to operate as a large scale drinking establishment there are also restaurants that serve alcohol Service as well right I do hear from some people in the community that we have more bars than we should in downtown um Winter Haven I have I have no way to um verify um whether we have um you know too few or too many or well that that's a sub subjective determination of what you determine to be too many or too little so any additional questions from Commissioners no okay we will close the planning portion of the hearing and open the public portion anybody from the public wishing to speak for or against this case please state your name and address for the record H 8309 West Lake Maran Road hannes City Florida were you guys sworn in by chance I'm about yeah I was mention we weren't we were not so do you solemnly swear or affirm that the testimony you're about to give in this case shall be the truth yes yes I do and I'm James Allin at 26 uh 2664 Clover Ridge Court Eagle Lake Florida okay okay first oh um hi the the one confusing thing that you guys keep saying is that it's a large establishment which is like if you see the building it doesn't look very large to me but um and your concern about you know the bar aspect we're really looking to just do beer and wine um and uh it to be more of a jazz club like a place where people can just go after work and sort of relax and no kind of um if we do have anything live it would be very very minimal and um this is all to raise money for an animal rescue I already have a shop in Winter Haven it's called these Thrift Shop um it's on Lake Ship and the community is able to feed their pets because we have this shop um we think that this would be something different that someone would do as far as um being able support to the community as well as the animals she already covered pretty much what I was saying and had something else no no um yeah that is a very good point that you brought up we don't like we said we do not want want to bring another bar we definitely don't want that what we like to do is bring an establishment would bring cultural things and I'm especially a jazz guy and we don't have many of those things and I I think jazz in downtown one would be awesome and um I've spoken to a lot of people beta testing this idea and but like I said and like she reiterated our folks is not beer it's not alcohol it's not to come and drink it's to come and experience an atmosphere of comfort we got full of couches and comfy chairs come kick your shoes off have a glass or two of wine but we're not hanging out like that we're really not trying to bring that we really want to bring I really want to bring music to Wi a that's what I want to do you guys have great music here you have great young musicians that we don't know anything about we have something come I'm from Tallahassee I know a lot of great bands and I I I want to see because I'm a original Winter havian if that's what it is and I want to bring that back here because I've experienced a lot of it and I want to come here and I want to share with a young and old so that's our intention so to answer your question kind sir we're not well legally will be a large scale drinking establishment but in actual reality we're small and we're really focusing on the music really so I hope that satisfies you thank you and I appreciate your time very much thank you for even considering us thank you thank you thank you for your comments anyone else from the public no all right we will close the public portion of the hearing and reopen the planning portion of the hearing any additional questions no all right all right I will go ahead and make a motion in favor of case number p2404 DS request by Dr D Haag and D's Bulldogs rescue Inc for special use approval for a large scale drinking establishment located in the commercial downtown C1 zoning District General location 29 fth Street Northwest the area covered by this request is 03 plus or minus Acres as presented in the fact sheet second all right we have a second all those favor say I I all oppose same sign I oh sorry all right Cas is approved I was moving on to the next day I was moving [Laughter] on still approved okay um comments from staff other business oh let's uh can we get case number p-4 oh I'm sorry I skipped one I was trying to cut you off Sean was I I know it's about sewage undo other business uh next case case number p2419 administrative request to amend the sanitary sewer subelement of the 2035 Winter Haven comprehensive plan by adding goals objectives and policies relating to septic to sewer uh conversions okay this is one of those uh State mandates that was passed last year by the flal legislature they um adopted House Bill 1379 it was subsequently uh signed into law uh this bill essentially relates to pollutant load reductions um throughout the State of Florida one of the various requirements adopted by the bill is a requirement for local government study the feasibility converting septic systems to a sanitary sewer and also part of that is the requirement that we have to address conversion of septic systems in the uh City's comp comprehensive plan uh per this bill um we have to have these requirements adopted into the comprehensive plan by July 1st of this year um in looking at the uh use of septic systems in and around the city we found that there's approximately 14,000 septic systems um in existence uh within the city's utility service area however there's only about 200 actually inside the city limits so U what we would have real control over there's only about 200 of uh majority of these systems were originally installed between the 1950s and 1970s and they tend to be concentrated in the Inwood area older areas of Garden Grove and adjacent to Lakes uh most of the areas located un Incorporated portion of the utility service area they also also generally lacks uh any type of sanitary sewer um infrastructure so in 2021 the city's utility department engaged right Pierce they developed a septic to sealer master plan now this master plan creates ranking criteria for prioritizing conversion septic systems and also analyzes potential funding sources and provides an implementation schedule um to be in compliant with the uh new uh law the city will be adopting this uh master plan by reference into the 2035 comprehensive plan likewise to further compliance with this new law um we're going to be making several modifications to the sanitary sewer sub El um I'm just going to give a quick rundown of those we're going to add a second goal that specifically addresses septic systems within the city um we're going to add criteria that requires any use within 200 ft of any type of sewer line to connect to that sewer line uh we're going to highly restrict the use of new and replacement septic systems in the city uh we're going to require that if you do have to do a septic system it has to be at least 150 ft from any Lake high water mark and it shall be designed in a manner that will facilitate connection to the sanitary sewer system when it becomes available we're going to be adding Maps identifying the areas of high concentrations of septic systems and we also added a policy addressing of support for planning for capital projects to convert the existing SE septic systems to sanitary sewer so uh those are the changes that are envisioned they're in the documents that were attached to your staff report um that master plan can be quite technical uh in nature um but the uh changes to the actual uh sanitary sub sewer subelement um are fairly straightforward they're the items identified in red uh within the document and uh based on that I will say for the record we have uh complied with all public notification requirements for the request and we do recommend the Planning Commission recommend approvals request and forwarding to City commission for final action okay any questions no all right we will close the planning portion of the hearing and open the public portion of the hearing any questions or concerns from the public regarding this case all right seeing none we will close the public portion and reopen the planning portion of the hearing any additional questions I'll make a motion to approve case d p-4 -9 administrative requests to amend the sanitary sewer subelement of the 202 2035 Winter Haven comprehensive plan by adding goals objectives and policies relating to septic to sewer conversions as shared in the fact sheet I'll second all those in favor say I I all oppose same sign all right case is approved now other business other business comments from staff okay um only a couple items are still outstanding from your March meeting um those are those two subdivisions we um uh did administratively rezone to R1 uh the woodpoint and Cypresswood palmaia those are both moving forward to the city commission and should get their final action this coming Monday on the 8th and then last I don't know if I want to steal her Thunder but uh we did receive a letter of resignation from Jennifer from the Planning Commission so but she has volunteered to continue as a b allow for her to serve until replaced but we do need to seek some a replacement so if you know anybody we can for them the book are we allowed to deny that try try not [Laughter] accepted all right so that's all I have okay um I do have a question were you going to talk about the Jordan you sent out the for our uh the email about the disclosures oh Financial disclosures I forgot all about that you know in past they mailed the uh paperwork to you and you filled it out and submitted it back now it's an electronic process um I have not completed it I also have to do that form me too so I've I've I've not I've not gone through the electronic submitt process on it I believe it's still got the same July 1st due date so you still have you know a couple months to to put that together but uh just be aware that um that's all done now electronically filed and she has done it so she's can it was super it was super simple so so just uh be aware of that and if you have any questions just reach out to us we'll uh we'll help walk you through if you have any difficulties it's not the form six that you had to fill out sir yeah we're still formal it's the easy one yeah for now for now right okay thank you anything else no comments from planning Commissioners no uh comments from the public all right we are adjourned