Title:
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SR 46/Lake Forest (AKA Terracina) PD - Consider a Small Scale Future Land Use Map Amendment from Higher Intensity Planned Development-Target Industry and Planned Development to Planned Development, and a Rezone from PD (Planned Development) to PD (Planned Development) for a proposed self-storage facility on approximately 3.53 acres, located on the north side of W SR 46 between Bernini Way and Lake Forest Blvd (Z2022-16, 06.22SS.04) (Robert Hattaway, Applicant) District5 - Herr (Annie Sillaway, Senior Planner).
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Department/Division:
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Development Services - Planning and Development
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Authorized By:
Dale Hall
Contact/Phone Number:
Annie Sillaway/407-665-7936
Background:
The Applicant is requesting a Small Scale Future Land Use Map Amendment from Higher Intensity Planned Development -Target Industry (HIP-TI) and Planned Development to Planned Development, and a Rezone from PD (Planned Development) to PD (Planned Development) to construct a self-storage facility and an area for outdoor storage of vehicles. The development also proposes C-1 (Retail Commercial) uses, excluding convenience stores and self-service laundromats. The Applicant is proposing a Floor Area Ratio (F.A.R.) of 0.66, and a maximum building height of thirty-five (35) feet. The proposed hours of operation of the storage facility are 7:00 am to 10:00 pm seven (7) days a week. The concept plan illustrates five (5) buildings that total approximately 39,360 square feet, and eighteen (18) parking spaces internal to the site designated for the outdoor storage of vehicles. The Applicant has stated that the outdoor storage of vehicles is proposed for an unspecified period of time with the intent to eventually remove those parking spaces to construct two (2) additional storage buildings for a total of seven (7) self-storage buildings. The application was submitted prior to the adoption of the revision to Chapter 30 of Land Development Code, so it was reviewed under the previous Land Development Code provisions.
The property subject to this Future Land Use Amendment and Rezone is comprised of two (2) parcels. Parcel I.D. #30-19-30-516-0000-0C40, hereafter referred to as Parcel A, has a HIP-TI Future Land Use with PD Zoning known as the SR46/Forest PD. Parcel I.D. #30-19-30-300-002P-0000, hereafter referred to as Parcel B, has a Planned Development Future Land Use with PD Zoning known as the SR 46/Lake Forest Townhomes (AKA Terracina) PD.
On October 25, 2005, the Board of County Commissioners approved the SR 46/Lake Forest PD on forty-two (42) acres, with entitlements for townhomes at a density of ten (10) dwelling units per net buildable acre for a maximum of 286 units, and six (6) commercial lots permitting those uses under the C-1 (Retail Commercial) zoning district excluding convenience stores and self-service laundromats; Parcel A was included in this PD. The original rezone request proposed townhomes and commercial outparcels permitting C-2 (Retail Commercial) uses; however, during the October 25, 2005, public hearing, the surrounding community members, including the Lake Forest Homeowners Association, expressed concerns about stormwater, flooding, the high density of the townhomes, and the intensity of uses under the C-2 zoning classification. During the public hearing discussion, the Applicant was amenable to changing the permitted uses on the commercial lots from C-2 to C-1 (Retail Commercial), which was then approved by the Board.
Parcel B was originally included in the Lake Forest PD, approved by the Board of County Commissioners in 1986. In 2017, an amendment was approved to remove Parcel B from the Lake Forest PD and add it into the SR 46/Lake Forest PD as a Commercial parcel allowing C-1 permitted uses.
The Seminole County Land Development Code (SCLDC) classifies self-storage as an Industrial use which is not permitted under the existing SR 46/Lake Forest Planned Development.
The Applicant provided the following to demonstrate compatibility with the adjacent uses: “The request is compatible with the Higher Intensity Planned Development Target Industry and Planned Development uses to the west, east, and south as they are all commercial uses. There are landscape buffers along all perimeters of the site except along Bernini Way, and a six (6) foot wall that would buffer between the proposed site and existing townhomes”.
The Future Land Use and zoning designations of the surrounding area are as follows:
East: Bernini Way (Internal Road to the SR 46/Lake Forest PD)
West: Future Land Use: Planned Development
Zoning: PD (Lake Forest PD)
North: Future Land Use: Planned Development
Zoning: PD (SR 46/Lake Forest PD)
South: W SR 46
The subject property is within the SR 46 Gateway Corridor Overlay. The purpose and intent of the overlay is to provide uniform design standards to establish high quality development, prevent visual pollution caused by unplanned and uncoordinated uses, and to ensure a well landscaped scenic gateway. The Overlay requires a landscape buffer along W SR 46 with a minimum width of twenty-five (25) feet.
Site Analysis
Floodplain Impacts:
Based on the 2007 (FIRM) Flood Insurance Rate Map, there is floodplain shown on the subject property; however, the master site was modeled and showed that there are no floodplains on the property. A letter of map amendment was done for the site to remove the floodplain designation.
Wetland Impacts:
Based on preliminary aerial photo and County wetland map analysis, there appears to be no wetlands on site.
Endangered and Threatened Wildlife:
Based on a preliminary analysis, there may be endangered and threatened wildlife on the subject property. A listed species survey may be required at the time of Site Plan review.
Utilities:
The site is located in Seminole County Utility service area and will be required to connect to Seminole County Water, Sewer, and Reclaim. There is a twelve (12) inch PVC (polyvinyl chloride) potable water main, that runs along the north side of W SR 46. Along the centerline of Via Pontina Run, there is a gravity sanitary sewer main, and along the west side of Bernini Way, is an eight (8) inch reclaim water main. Capacity is available to service the proposed development for water, sewer, and reclaim.
Transportation/Traffic:
The property proposes access onto W SR 46 via Bernini Way, which is considered a private road. W SR 46 is classified as a Principal Arterial and is currently operating at a level-of-service “B” and does not have improvements programmed in the County five (5) year Capital Improvement Program or the FDOT Five-Year Work Program.
Sidewalks:
There is an existing sidewalk along W SR 46. Currently, there are no existing sidewalks that are internal to the development along the property frontage. The developer will be required to build a five (5) foot wide sidewalk along Bernini Way.
Drainage:
The subject property is located in the Lake Monroe Drainage Basin. The site is part of the approved and constructed Terracina Master Drainage System. No additional retention will be required unless the maximum impervious per lot is exceeded.
Buffers:
The Applicant is proposing the following buffers:
• West: Thirty-five (35) feet
• South: Twenty-five (25) feet
• East: No buffer being provided
• North: Twenty-five (25) feet
Buffer components will be established at Final Development Plan.
Open Space:
In compliance with the Seminole County Comprehensive Plan, the development will provide a minimum of twenty-five (25) percent open space.
Consistency with the Land Development Code
The requested PD zoning designation and the associated Master Development Plan have been evaluated for compatibility with the Seminole County Land Development Code (SCLDC) in accordance with Chapter 30, Part 8.
The Board of County Commissioners, hereafter referred to as the Board, previously approved a similar request for a self-storage facility in 2013 for the Westlake Center PD located at the corner of W SR 46 and Orange Blvd. The Westlake Center PD allows for self-storage including outdoor storage for boats and vehicles, and C-1 (Retail Commercial). However, there are some distinct differences between the Westlake Center PD and the subject proposed development request. The design and concept plan for the Westlake Center PD did not directly face W SR 46 and has an F.A.R. of 0.35. The subject proposed development is requesting a maximum F.A.R. of 0.66 which is a significant increase in intensity and exceeds the maximum allowable F.A.R. of 0.65 under the Industrial Future Land Use.
Further, the Westlake Center PD site design was configured in such a way that the self-storage and outdoor storage is not directly facing SR 46, and the self-storage units are internal to the site. The Westlake Center PD maintains a twenty-five (25) foot landscape buffer along the southwest portion of the site and a fifty (50) foot landscape buffer along the southeast portion of the site which are adjacent to residential lots.
The proposed self-storage facility is different than the Westlake Center PD because the proposed facility substantially exceeds the 0.35 F.A.R., has less buffering, and the facility directly faces SR 46. Even though both uses are the same; the intensity, location, design and placement of the self-storage facilities are very different.
Per SCLDC Sec. 30.441 - Intent and purpose; the Planned Development (PD) District is intended to facilitate various development types and combinations thereof, that may be difficult to achieve under conventional zoning regulations. Planned Developments shall promote flexibility and creativity in addressing changing social, economic and market changes, especially where they are used to implement adopted policies of the Comprehensive Plan.
Review Criteria 30.443 sets forth review criteria for approving a planned development. As further discussed below, the proposed development must be consistent with the Comprehensive Plan and effectively implement the performance criteria contained therein. In addition, it must be determined that the proposed development cannot be reasonably implemented through existing provisions of the Land Development Code, and that the PD zoning would result in greater benefits to the County than development under a conventional zoning district.
In approving a Planned Development the Board must find:
• Comprehensive Plan consistency (addressed in the next section)
• General Level of Development Quality- The Applicant provided an architectural rendering illustrating a wall to be located on three (3) sides of the development which would prohibit pedestrian accessibility from the adjacent townhome community and eliminate the opportunity for a variety of commercial goods and services that may be provided under the C-1 zoning district.
Development standards to be applied within a Planned Development shall be established by the Board at the time of rezoning. Such rezoning shall be conditioned upon a Master Development Plan and a written development order. Specific criteria for the development may address, but is not limited to, compatibility with surrounding land uses, road access, availability and efficient use of utility capacity, coordination with transit, etc. Architectural and other appearance-related design elements should be included as approval conditions where the Board finds they will support goals, such as economic development, neighborhood compatibility, or aesthetic or environmental enhancement of an area.
Staff Findings:
Staff has determined that the request is inconsistent with the surrounding trend of development in the area, and would not result in a greater benefit to the County then the current zoning, and is not consistent with the SCLDC as follows:
• Based on the proposed use of self -storage, it is not compatible with the surrounding uses in the area. Intensity of commercial or industrial uses within a Planned Development are measured in terms of Floor Area Ratio (F.A.R.) and shall be consistent with the maximum F.A.R. for the development site established in the Comprehensive Plan. This project has a proposed F.A.R. of 0.66, which exceeds the Commercial maximum F.A.R. of 0.35. This level of intensity almost doubles the maximum F.A.R. for commercial uses and is not compatible with the abutting single family residential use (Lake Forest Community).
• The proposed development is not in character with what is currently established along this segment of the SR 46 Gateway Corridor, which primarily consists of Commercial, Higher Intensity Planned Development - Target Industry Uses, Office, Low Density Residential, and Suburban Estates.
• The Applicant has not provided evidence on how the project will result in a greater benefit to the County as required in rezoning to PD.
Additionally, architectural details may be considered by the Board on a site-specific basis when determining if a planned development is compatible with the character of the area. The architectural renderings provided by the Applicant are not compatible with the area. The renderings show a wall surrounding the site, which is not consistent with the design layout of the retail site to the east of the subject property. Such standards may include, but not limited to, building style, design and scale; exterior building materials; roof design and construction; building size and placement; site furnishings; fences/walls and entrance features; the size and location of service areas and other features specified by performance standards in the SCLDC. If the proposed plan does not or cannot achieve the desired level of compatibility, as determined by the Board, the Board may deny the PD future land use designation and the rezoning request.
Part 8, Sec. 30.443 Review Criteria - PD Planned Development
Staff finds the requested PD zoning classification to be inconsistent with the SCLDC and incompatible with the trend of development in the area.
Consistency with the Comprehensive Plan
Under Policy FLU 2.9 Determination of Compatibility in the Planned Development Zoning Classification, the County shall consider uses or structures proposed within the Planned Development zoning classification on a case by case basis evaluating the compatibility of the proposed use or structure with surrounding neighborhoods and uses. Compatibility may be achieved by application of performance standards such as, but not limited to, lot size, setbacks, buffering, landscaping, hours of operation, lighting, and building heights.
This land use designation provides for a variety of densities and/or intensities arranged within a development site to facilitate flexible and creative site design. These considerations shall be paramount in any given project utilizing the Planned Development land use designation; an increase in density/intensity alone shall not justify an alternative to conventional future land use designations such as Low Density Residential, Medium Density Residential. The Applicant’s request is to increase the F.A.R. to provide more of an industrial use, which is not consistent with the area, and an application to increase intensity alone cannot justify an amendment to the PD designation.
Staff Finding:
Staff finds that the requested Planned Development Future Land Use designation with a maximum F.A.R. of 0.66, and the proposed use equivalent to Industrial, incompatible with the surrounding trend of development in the area; and therefore, inconsistent with Seminole County Comprehensive Plan Policy FLU 2.9 - (A) Purpose and Intent.
In compliance with SCLDC Sec. 30.49 (a) - Community Meeting Procedure, the Applicant held their first community meeting on June 14, 2022, and held another community meeting that was scheduled for October 10, 2024, but was rescheduled for October 22, 2024, due to Hurricane Milton. The Community meeting information and opposition emails have been included in the agenda package.
If the Land Use Amendment and Rezone are ultimately approved by the Board, Staff recommends the following conditions for the Board to consider adding to the approval and incorporating into the Development Order.
• The Applicant shall redesign the site to include a minimum of 6,000 square feet of bottom floor C-1 (Retail Commercial) uses per building. The retail and office component of the self-storage facility may be included in the minimum required square footage calculation for the C-1 uses. Alternatively, the bottom floor of two main self-storage buildings must be designed to appear as bottom floor retail in architecture; for example, faux retail facades.
• Outdoor storage of any kind including boats and RVs is prohibited.
• The single-story outside entry self-storage buildings shall be fully screened from off-premises view by utilizing site design and buffer components that provide 100% opacity. Buffer components may include a solid wall or a decorative open fence with landscaping to screen the buildings from view from W SR 46, the Lake Forest Community, and the Terracina Townhomes.
• Enhanced Architectural renderings for the proposed development must be included as part of the Development Order with the following conditions: the building façade must consist of earth tones; the windows have a reflective tint so that storage units are not visible from offsite; and the roof of the self-storage buildings be of a tile design consistent with the development adjacent on the east, and the Terracina Townhomes adjacent to the north.
Requested Action:
Staff requests the Board of County Commissioners deny the proposed Small Scale Future Land Use Map Amendment and concurrent Rezone as per the following:
1.) Based on Staff’s findings and the testimony and evidence received at the hearing, the Board finds the request does not meet the identified portions of the Comprehensive Plan and moves to deny the requested Small Scale Future Land Use Map Amendment; and
2.) Based on Staff’s findings and the testimony and evidence received at the hearing, the Board finds the request does not meet the identified portions of the Seminole County Land Development Code and moves to deny the requested Rezone, and associated Development Order and Master Development Plan.