What were the most significant items on the Winter Garden Planning and Zoning Board agenda for September 2025?

Meeting Reading

Winter Garden Planning and Zoning Board

September 8, 2025

6 items on the agenda

**Winter Garden has codified its OWN SB 180 opt-out process — the corpus's first instance of a city building procedural infrastructure to handle SB 180 reversion requests.** Ordinance 25-23 (new Section 98-1) creates a city-side process whereby an applicant can request the city REVERT to an earlier version of the LDC or Comprehensive Plan if the applicant argues a city-initiated amendment is "more restrictive or burdensome" on their development. This is structurally distinct from the South Lake corpus's defensive posture (where cities draft form-based codes hoping they survive SB 180 challenge). Winter Garden is creating an internal procedural surface for handling SB 180 reversion at the city counter — turning the state's preemption into an administered process the city can shape. The City Attorney explicitly framed it: "a creative way to deal with the burden that the legislature placed on local government." This is the corpus's first defensive-code architecture that operates AS administrative process rather than as substantive code.
**The "annex now, zone later" pattern is established in Winter Garden — a distinct mechanism from Apopka and the Lake County cluster.** The two J&J Building parcels (15373 SR-438 and 15359 E Oakland) annexed into Winter Garden with FLU set to Low Density Residential and zoning set to "No-Zoning" — meaning the parcels carry no zoning until the owner returns with a redevelopment plan. This is procedurally distinct from Apopka (where annexation happens simultaneously with zoning change) and from the Groveland three-ordinance industrial template (annex + small-scale CPA + rezoning all at once). Winter Garden is allowing entitlement deferral at the time of annexation. The default-no-zoning posture preserves city control over the eventual zoning while giving the applicant flexibility on timing — likely on the assumption the parcel will eventually rezone to PUD when redeveloped.
**TJ Ryan's seating expands the board to 7 members during a quiet docket.** The September 8 meeting added a new board member during a relatively low-controversy cycle — variance + special exception + two LR-only annexations + the SB 180 ordinance, all unanimous. The seating cadence is the typical board-formation pattern (new members joining during routine cycles, allowing them to absorb the procedural baseline before contentious items arrive). Whether the seven-member composition holds on the more substantive November 3 (E. Crown Point Complex 203,306 sq ft commercial PCD; SB 954 Recovery Residences) and beyond is a structural question for the Winter Garden cycle.

On September 8, 2025, City of Winter Garden's Planning and Zoning Board considered 6 agenda items. **Winter Garden has codified its OWN SB 180 opt-out process — the corpus's first instance of a city building procedural infrastructure to handle SB 180 reversion requests.** Ordinance 25-23 (new Section 98-1) creates a city-side process whereby an applicant can request the city REVERT to an earlier version of the LDC or Comprehensive Plan if the applicant argues a city-initiated amendment is "more restrictive or burdensome" on their development. This is structurally distinct from the South Lake corpus's defensive posture (where cities draft form-based codes hoping they survive SB 180 challenge). Winter Garden is creating an internal procedural surface for handling SB 180 reversion at the city counter — turning the state's preemption into an administered process the city can shape. The City Attorney explicitly framed it: "a creative way to deal with the burden that the legislature placed on local government." This is the corpus's first defensive-code architecture that operates AS administrative process rather than as substantive code. **The "annex now, zone later" pattern is established in Winter Garden — a distinct mechanism from Apopka and the Lake County cluster.** The two J&J Building parcels (15373 SR-438 and 15359 E Oakland) annexed into Winter Garden with FLU set to Low Density Residential and zoning set to "No-Zoning" — meaning the parcels carry no zoning until the owner returns with a redevelopment plan. This is procedurally distinct from Apopka (where annexation happens simultaneously with zoning change) and from the Groveland three-ordinance industrial template (annex + small-scale CPA + rezoning all at once). Winter Garden is allowing entitlement deferral at the time of annexation. The default-no-zoning posture preserves city control over the eventual zoning while giving the applicant flexibility on timing — likely on the assumption the parcel will eventually rezone to PUD when redeveloped. **TJ Ryan's seating expands the board to 7 members during a quiet docket.** The September 8 meeting added a new board member during a relatively low-controversy cycle — variance + special exception + two LR-only annexations + the SB 180 ordinance, all unanimous. The seating cadence is the typical board-formation pattern (new members joining during routine cycles, allowing them to absorb the procedural baseline before contentious items arrive). Whether the seven-member composition holds on the more substantive November 3 (E. Crown Point Complex 203,306 sq ft commercial PCD; SB 954 Recovery Residences) and beyond is a structural question for the Winter Garden cycle.

CHANGE LENS

THE READINGmeeting record

City of Winter Garden Planning and Zoning Board — September 8, 2025

Meeting Overview

Type: Regular Meeting Quorum: Yes (6 of 7 members present) Duration: 34 minutes (called 6:30 PM, adjourned 7:04 PM)

Attendance

Present: Chairman Will Hawthorne, Co-Chairman Steve Ambielli, Linda Bennett, Jimmy Dunn, Jeff Ewing, TJ Ryan
Absent: Myron Brown (excused)
Staff Present: City Attorney Kurt Ardaman; Planning Director Kelly Carson; Planning Supervisor Shane Friedman; Senior Planner Yvonne Conatser; Recording Secretary Ellen King

Welcome New Member

Chairman Hawthorne welcomed new board member TJ Ryan.

Agenda Items

Item 2: Approval of Minutes — August 4, 2025

Action: Approved
Vote: Unanimous 6-0 (motion by Ewing, second by Dunn)

Item 3.A: 15373 State Road 438 — Annexation + Future Land Use Amendment

Type: Annexation + Comprehensive Plan Amendment (FLU)
Case Numbers: Ordinances 25-27 and 25-28
Location: 15373 State Road 438 (Parcel ID 21-22-27-0000-00-063)
Applicant: Kelly Miller, J&J Building
Acreage: 5.59 +/- acres
Proposed FLU: City Low Density Residential (LR)
Proposed Zoning: No-Zoning default until applicant returns for rezoning (likely PUD when redeveloped)
Staff Recommendation: Approve
Action: Approved
Vote: Unanimous 6-0 (motion by Ambielli, second by Dunn)
Notable Discussion: Public comment by Jacqueline Crouch (15311 E Oakland Avenue). Applicant intends to "save the mansion to bring it back from disrepair and to design estate homes around the mansion."

Item 3.B: 15359 E Oakland Avenue — Annexation + Future Land Use Amendment

Type: Annexation + Comprehensive Plan Amendment (FLU)
Case Numbers: Ordinances 25-24 and 25-25
Location: 15359 E Oakland Avenue (Parcel ID 21-22-27-0000-00-122)
Applicant: Kelly Miller, J&J Building
Proposed FLU: City Low Density Residential
Action: Approved
Vote: Unanimous 6-0 (motion by Hawthorne, second by Bennett)
Notable Discussion: Two-parcel pattern — both 15373 SR 438 and 15359 E Oakland will be platted together. Applicant intends to demolish the 2005 home and save the mansion.

Item 4.A: 13 E Cypress Street — Special Exception (Solnyshko Educational Childcare)

Type: Special Exception Permit
Location: 13 E Cypress Street
Applicant: Valikhan Kurbanor
Current Zoning: C-2 (Arterial Commercial)
Request: Allow daycare to increase capacity to 52 children
Staff Recommendation: Approve subject to conditions
Action: Approved
Vote: Unanimous 6-0 (motion by Bennett, second by Ryan)

Item 5.A: 1264 N West Crown Point Road — Variance (Medina Residence)

Type: Variance
Location: 1264 N West Crown Point Road
Applicant: Iban Medina
Request: 24.59 ft front-yard setback, 24 ft rear-yard setback, height of 35.3 ft for new single-family construction
Staff Recommendation: Approve subject to conditions
Action: Approved
Vote: Unanimous 6-0 (motion by Bennett, second by Ewing)
Notable Discussion: Board referenced a similar 2020 variance at the same parcel; the rear-buffer condition from 2020 was carried forward. Discussion on R-1 vs. R-2 height-restriction precision.

Item 6.A: Ordinance 25-23 — SB 180 Section 28 Relief Process

Type: Code Amendment (Land Development Code Section 98-1)
Case Number: Ordinance 25-23
Request: Create new Section 98-1 of City Code addressing relief concerning declared emergency restrictions of Section 28 of Chapter 2025-190 Laws of Florida (SB 180). Establishes a process whereby an applicant can apply to revert to an earlier version of the City's land development code and/or Comprehensive Plan if they provide a good-faith argument that a new city-initiated amendment is "more restrictive or burdensome" to their proposed development application.
Staff Recommendation: Approve
Action: Approved
Vote: Unanimous 6-0 (motion by Hawthorne, second by Ambielli)
Notable Discussion: City Attorney Dan Langley described the ordinance as "a creative way to deal with the burden that the legislature placed on local government." Board complimented Carson and Langley on the work.

Public Hearings Summary

Number of speakers: 1 (Jacqueline Crouch on the SR-438 annexation — informational, no opposition)
General sentiment: Supportive across all items
Key concerns: None opposed

Key Signals

Winter Garden has codified its OWN SB 180 opt-out process — the corpus's first instance of a city building procedural infrastructure to handle SB 180 reversion requests. Ordinance 25-23 (new Section 98-1) creates a city-side process whereby an applicant can request the city REVERT to an earlier version of the LDC or Comprehensive Plan if the applicant argues a city-initiated amendment is "more restrictive or burdensome" on their development. This is structurally distinct from the South Lake corpus's defensive posture (where cities draft form-based codes hoping they survive SB 180 challenge). Winter Garden is creating an internal procedural surface for handling SB 180 reversion at the city counter — turning the state's preemption into an administered process the city can shape. The City Attorney explicitly framed it: "a creative way to deal with the burden that the legislature placed on local government." This is the corpus's first defensive-code architecture that operates AS administrative process rather than as substantive code.
The "annex now, zone later" pattern is established in Winter Garden — a distinct mechanism from Apopka and the Lake County cluster. The two J&J Building parcels (15373 SR-438 and 15359 E Oakland) annexed into Winter Garden with FLU set to Low Density Residential and zoning set to "No-Zoning" — meaning the parcels carry no zoning until the owner returns with a redevelopment plan. This is procedurally distinct from Apopka (where annexation happens simultaneously with zoning change) and from the Groveland three-ordinance industrial template (annex + small-scale CPA + rezoning all at once). Winter Garden is allowing entitlement deferral at the time of annexation. The default-no-zoning posture preserves city control over the eventual zoning while giving the applicant flexibility on timing — likely on the assumption the parcel will eventually rezone to PUD when redeveloped.
TJ Ryan's seating expands the board to 7 members during a quiet docket. The September 8 meeting added a new board member during a relatively low-controversy cycle — variance + special exception + two LR-only annexations + the SB 180 ordinance, all unanimous. The seating cadence is the typical board-formation pattern (new members joining during routine cycles, allowing them to absorb the procedural baseline before contentious items arrive). Whether the seven-member composition holds on the more substantive November 3 (E. Crown Point Complex 203,306 sq ft commercial PCD; SB 954 Recovery Residences) and beyond is a structural question for the Winter Garden cycle.
R-2 height precision vs. R-1 height latitude. Board discussion at the 1264 N West Crown Point Road variance disclosed that R-1 zoning "does not get as specific to the height unlike R-2 zoning." This is a code-architecture observation: Winter Garden's R-2 (medium-density residential) carries precision on roof-peak vs. structure height that R-1 (low-density residential) does not. The asymmetry shapes how variances must be argued in each district — a procedural detail that compounds across cases.

Raw Notes

Source: Winter Garden CivicClerk tenant wintergardenfl, agenda ID 110 (event 313). Minutes file is text-extractable directly (175 lines). The board meets first Mondays at City Hall Commission Chambers, 300 W. Plant Street.