HomeMy WebLinkAbout2024 01 04 Public Hearing Item 402 - Ordinance 2024-03 Rezoning the Wanger PropertyPUBLIC HEARINGS AGENDA ITEM 402
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY AGENDA |
JANUARY 4, 2024 REGULAR MEETING
TITLE
Ordinance 2024-03, Rezoning of one (1) City-owned parcel
SUMMARY
The subject property is City-owned and intended to be preserved for future use as
part of Central Winds Park. The City acquired the property on July 23, 2021, which was
annexed into the City by Ordinance 2022-06. Ordinance 2024-02 proposes to change
the Future Land Use designation from county "Suburban Estates" to City "Town
Center". Ordinance 2024-03 proposes to rezone the property from county "A-1
Agricultural" to City "TC-CP (Town Center - Civil/Public)".
FUNDING SOURCE
RECOMMENDATION
Staff recommends that the Planning & Zoning Board recommends approval of
Ordinance 2024-03 to the City Commission.
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TITLE
310 Wagner Point | Rezoning
SUMMARY/UPDATE
The Community Development Department requests that the City Commission hold a
Public Hearing to consider Ordinance 2024-03 for the Rezoning of the ±1.04-acre lot
located on the west side of Central Winds Park and north of State Road 434.
General Information
Applicant City of Winter Springs
Property Owner(s) City of Winter Springs
Location West of Central Winds Park, east of Wagner Point, and
north of State Road 434
Tract Size ±1.04 acres
Parcel ID Number 26-20-30-5AR-0D00-003C
Zoning Designation None (Seminole County A-1)
FLUM Designation None (Seminole County Suburban Estates)
Adjacent Land Use North: Residential
East: City Park &
Recreation
South: State Road 434
West: Vacant
Development
Permits
None
Development
Agreement
None
Code Enforcement None
City Liens None
Request:
The Community Development Department initiated a Rezoning for the subject property,
located on the north side of State Road 434, west of Central Winds Park, and east of
Wagner Point. Ordinance 2024-03 proposes to rezone the property from Seminole County
“Agricultural-1 (A-1)” to the City of Winter Springs “TC-CP (Town Center - Civil / Public)”.
PUBLIC HEARINGS AGENDA
PLANNING & ZONING BOARD
THURSDAY, January 4, 2024 | REGULAR MEETING
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Background Data:
The subject property was used as agricultural land in the 1900’s adjacent to the SAL
railroad until the early 1970’s when the agricultural business discontinued operation and a
small home was constructed on the property. The property was acquired by the City of
Winter Springs on July 23, 2021, and in 2022 by Ordinance 2022-06 the property was
annexed into the City of Winter Springs. The dilapidated home located on the property
was subsequently condemned and demolished. The subject property has remained
vacant since.
Public Notices:
Public Hearing Notices were mailed to all owners of real property adjacent to and within
approximately five-hundred (500) feet of the subject property and to all Homeowner’s
Associations on file with the City Winter Springs and located within one-half (1/2) mile of
the subject property (35 notices) on December 13, 2023.
Rezoning Analysis:
The following criteria is set forth by City of Winter Springs Code of Ordinances Section 20-
31(d) which has been analyzed by staff to form a recommendation:
Rezoning Criteria & Analysis
1. The proposed rezoning change is in compliance with all procedural
requirements established by the City Code and law;
Analysis:
The proposed rezoning is in compliance with all procedural requirements
established by the City Code and by law. Requirements for advertising the
land use action have been met.
2. The proposed rezoning change is consistent with the City's
Comprehensive Plan including, but not limited to, the Future Land Use
Map and the proposed change would not have an adverse effect on the
Comprehensive Plan;
Analysis:
The proposed rezoning change is consistent with the City’s proposed
Comprehensive Plan Amendment as detailed in Ordinance 2024-02, and
the proposed change will not have an adverse effect on the
Comprehensive Plan or on the proposed Comprehensive Plan
amendment.
3. The proposed rezoning change is consistent with any Master Plan
applicable to the property;
Analysis:
The City has an adopted Town Center Master Plan which promotes a mix
of uses including parks and open space. The rezoning of the subject
property to Town Center Civic/Public will allow for consistency with the
adjacent park land to the east.
4. The proposed rezoning change is not contrary to the land use pattern
established by the City's Comprehensive Plan;
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Analysis:
The proposed rezoning from Seminole County “Agricultural-1 (A-1)” to the
City of Winter Springs “TC-CP (Town Center - Civic / Public)” is appropriate
and compatible with the land use pattern established by the City’s
Comprehensive Plan. Surrounding properties adjacent to the subject
property have compatible Future Land Use and Zoning designations of
Town Center District and Town Center-Civic/Public.
5. The proposed rezoning change would not create a spot zone prohibited
by law;
Analysis:
The proposed zoning designation is compatible with the surrounding area
and does not create a spot zone. The parcel directly to the east of the
subject property is also zoned TC-CP with a Town Center FLU.
6. The proposed rezoning change would not materially alter the population
density pattern in a manner that would overtax the load on public facilities
and services such as schools, utilities, streets, and other municipal services
and infrastructure;
Analysis:
The proposed rezoning does not alter the population density pattern and
will not negatively contribute to public facilities and services as the
property will be used for the purpose of providing additional public parks
and recreation facilities. The property is limited to one acre in size and will
not overtax public facilities.
7. The proposed rezoning would not result in existing zoning district
boundaries that are illogically drawn in relation to existing conditions on
the property and the surrounding area and the land use pattern
established by the city's comprehensive plan;
Analysis:
The proposed rezoning does not result in existing zoning district
boundaries that are illogically drawn due to the surrounding zoning
designations, as well as the land use pattern established by the City’s
Comprehensive Plan per Policy 1.1.10. The proposed rezoning expands the
preexisting Town Center - Civic Public District and follows the general land
use trends of the area.
8. Changed or changing conditions make the proposed rezoning necessary;
Analysis:
As stated above, the property was annexed via Ordinance 2022-06 into the
City of Winter Springs. It is appropriate for the property to be rezoned from
a Seminole County zoning designation to adopt a City zoning designation
in conjunction with the Small-Scale Future Land Use Map Amendment.
9. The proposed rezoning change will not seriously reduce light or air to
adjacent areas;
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Analysis:
The proposed use of Civil / Public will not reduce light or air to the
surrounding area as the intention of the Town Center - Civil / Public zoning
designation is to preserve recreational and natural properties.
10. Should the city be presented with competent substantial evidence
indicating that property values will be adversely affected by the proposed
rezoning, the applicant must demonstrate that the proposed rezoning
change will not adversely affect property values in the surrounding area;
Analysis:
The proposed zoning designation has been determined by evaluating the
prevailing character of the area around the subject property. The proposed
rezoning is not anticipated to have an adverse effect on property values in
the surrounding area.
11. The proposed rezoning will not be a substantial detriment to the future
improvement or development of vacant adjacent property;
Analysis:
The intent in the zoning of the property is to apply a zoning classification
for the subject property that is consistent and compatible with the
surrounding land uses. The proposed rezoning is not anticipated to have a
detrimental impact on the improvement or development of vacant
adjacent property.
12. The proposed rezoning will not constitute a grant of special privilege to an
individual owner as contrasted with the public welfare;
Analysis:
The proposed rezoning does not constitute a grant of privilege to an
individual owner as contrasted with the public welfare. The property
subject to the proposed rezoning, is dedicated to the public good of the
City of Winter Springs.
13. The proposed rezoning change is not out of scale or incompatible with the
needs of the neighborhood or the city;
Analysis:
The proposed rezoning change is compatible with the surrounding
neighborhood and meets the needs of that surrounding neighborhood
and of the City, as evidenced by the preexisting civil public uses in the area,
mainly Central Winds Park.
14. The proposed rezoning does not violate any applicable land use
regulations adopted by the city.
Analysis:
The proposed rezoning does not violate any applicable land use
regulations adopted by the City. The description of the Civic’/Public
Transect of the Town Center in Sec. 20-325 provides as follows: “The
civic/public areas are used for functions of public benefit such as parks and
recreation, conservation areas that are dedicated to the public and
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government uses such as City Hall, Winter Springs High School, and the
U.S. Post Office.” The intended use of the property is to add to the Central
Winds Park area of the Town Center and is consistent with the applicable
land use regulations of the Town Center District.
15. Applications in the town center to rezone to a transect zone shall meet the
following additional criteria:
(a) The proposed t-zone shall provide a logical extension of an existing
zone, or an adequate transition between zones.
The proposed rezone to Town Center Civic/Public transect provides
for a logical extension of the existing Civic/Public transect to the
east as part of Central Winds Park.
(b) The area shall have had a change in growth and development
pattern to warrant a rezoning to a more or less urban t-zone.
The continued development within the Town Center warrants the
rezoning of the subject property to Town Center Civic/Public
transect.
(c) The request shall be consistent with the overall city vision for growth
and development as expressed in the city’s comprehensive plan or
applicable master plan.
The proposed rezone is consistent with the city’s overall vision as
well as the Town Center Master Plan. The extension of the adjacent
Central Winds Park via a rezone of this property to Civic/Public
transect shows that consistency.
Applicable Law, Public Policy, and Events:
- State of Florida Statues
o Sections 163.2511-163.3246: Growth Policy; County and Municipal Planning;
Land Development Regulation (Provides that development regulations for
municipal planning must be consistent with the Comprehensive Plan).
o Section 166.041: Procedures for adoption of ordinances and resolutions.
- Code of Ordinances of the City of Winter Springs
o Chapter 15, Article 3 – Comprehensive Plan Amendments
o Section 20-31. - Rezoning
o Section 20-325. - Transect Standards
- Comprehensive Plan of the City of Winter Springs
o Future Land Use Element Item 6(d)
o Recreation and Open Space Policy 1.1.10.
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Procedural History:
Procedural History:
December 12, 2022 Annexation approved by City Commission
Recommendation:
Staff recommends that the City Commission adopt ordinance 2024-03 to rezone the
subject property from Seminole County “A-1 (Agricultural)” to City “T-C CP (Town Center
Civic/Public)”.
Attachments:
1. Current Zoning Map
2. Proposed Zoning Map
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