Winter Garden drafts ordinance to combat Senate Bill 180

The Winter Garden City Commission unanimously approved the first reading of an ordinance amending a section of the city’s planning and development code to add a new section that would address relief concerning declared emergency restrictions.

During the commission meeting Thursday, Sept. 11, Kelly Carson, the planning director for Winter Garden, said the ordinance is to address the declared emergency restrictions in the newly adopted Senate Bill 180. If approved, the ordinance would provide a new process where an applicant can apply to revert to an earlier version of the city’s land development code and/or comprehensive plan if the applicant provides a good-faith argument as to why a new city-initiated amendment is “more restrictive or burdensome” to the proposed development application. 

The ordinance would allow an authorized applicant for a development order file an application with the city to have the version of land development regulations and/or the comprehensive plan existing as of Aug. 1, 2024, apply to and govern the development order application. 

“The ordinance is intended to comply with the new state provisions while allowing the city to initiate changes to our own regulations,” Carson said. 

Kurt Ardaman, the city attorney, said the ordinance is “a pretty great ordinance.”

“I’m not aware of any other local government taking such a proactive approach,” he said. “Basically, what the Legislature did was undo, or attempt to undo, a lot of things that have happened since 2024 from what local governments have done and what has been adopted. What this ordinance really does is it puts the city in a position to deal with anybody that believes they have been overly burdened by the ordinance the city has adopted. … It’s a great protective mechanism.”

Ardaman thinks other local governments are going to look to Winter Garden for guidance on similar ordinances if the commission approves the ordinance during a second reading and public hearing Thursday, Sept. 25, at City Hall.

Budget ordinances approved

The Winter Garden City Commission unanimously approved the first reading of an ordinance setting the millage rate for ad valorem taxation of real and tangible personal property for the fiscal year beginning Oct. 1 and ending Sept. 30, 2026, at the rate of 4.8565 mills. This rate is an increase over the current rate of 4.5 mills. 

Laura Zielonka, finance director for Winter Garden, said the increased millage would address a $2.2 million deficit. The proposed increase is to preserve long-term fiscal sustainability, focus on essential services such as public safety, protect the city’s infrastructure and obtain a fund balance of 20%. 

A first reading of another budget ordinance that shows the total revenues available for expenditures at $70,303,710 was unanimously approved. 

The commission also unanimously approved a first reading for an ordinance appropriating and allocating all revenue and funds of the Community Redevelopment Agency totaling $3,406,348.

Lastly, the first reading of a budget ordinance authorizing the appropriations of city funds for Fiscal Year 2025-2026 was unanimously approved. 

A second reading and public hearing on each of these ordinances will take place during the commission’s regular meeting at 6:30 p.m. Thursday, Sept. 25, at City Hall.