Title:
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APS Facility Small Scale Future Land Use Map Amendment and Rezone - Consider a Small Scale Future Land Use Map Amendment from Higher Intensity Planned Development -Target Industry and Planned Development to Industrial, and a Rezone from A-1 (Agriculture) and PD (Planned Development) to M-1 (Industrial) for a proposed office, warehouse and private fuel station on approximately 7.11 acres, located on the west side of N Elder Rd, southwest of School St; (Z2026-17/07.26SS.02) (Bryan Potts, P.E. -Tannath Design, Inc., Applicant) District5 - Herr (Annie Sillaway, Principal Planner)
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Agenda Category:
Public Hearing Items
Department/Division:
division
Development Services
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Authorized By:
Joy Giles - Planning and Development Division Manager
Contact/Phone Number:
Annie Sillaway/407-665-7936
Background:
The Applicant is requesting a Future Land Use Map Amendment from Higher Intensity Planned Development -Target Industry (HIP-TI) and Planned Development to Industrial, and a Rezone from A-1 (Agriculture) and PD (Planned Development) to M-1 (Industrial) on 7.11 acres for a proposed office and warehouse with a private fuel station for a pipe fitting business.
On October 22, 2013, the Board approved a Future Land Use Amendment from HIP-TI to Planned Development and rezone from A-1 (Agriculture) to PD (Planned Development) for approximately 5.0 acres, known as the I-4 Commercial Site South (Steve Young) PD for parcel numbers 16-19-30-5AC-000-030A, 16-19-30-5AC-0000-030B, 16-19-30-5AC-000-030C, 16-19-30-5AC-0000-030D, 16-19-30-5AC-000-030E, 16-19-30-5AC-0000-030F, 16-19-30-5AC-0000-030G, 16-19-30-5AC-0000-030H, 16-19-30-5AC-0000-029A, and 16-19-30-5AC-0000-030K. The approval allowed all uses permitted in the C-1, C-2, C-3, M-1A, and M-1 zoning districts, all uses permitted under HIP-TI, as well as Motor Vehicle Sales and Repair (including auto, tractor, and heavy equipment sales, leasing, and auction), Publishing Plants, and Service Stations with Well-Drilling Pumps. The site was not developed and the PD entitlements have since expired.
On December 10, 2013, the Board approved a Future Land Use Amendment from HIP-TI to Planned Development and Rezone from A-1 (Agriculture) to PD (Planned Development) for approximately 2.5 acres known as the I-4 Commercial Site North (N Elder Road) PD for parcel number 16-19-30-5AC-0000-0300. This approval authorized the same range of uses as the I-4 Commercial Site South (Steve Young) PD. The site was not developed and the PD entitlements have since expired.
Parcel number 16-19-30-5AC-0000-030J, located at 1040 N Elder Rd, is approximately 0.18 acres and was not included in the aforementioned PD’s. The Applicant is requesting a Future Land Use Amendment and Rezone for all of the previously mentioned parcels in the prior PDs, including parcel number 16-19-30-5AC-0000-030J for a total of 7.11 acres (“Subject Property”) to re-establish industrial uses that would allow office, warehouse, and private fuel pumps to support the pipe fitting business.
The Future Land Use and zoning designations of the surrounding area are as follows:
East: Elder Road
Future Land Use: Higher Intensity Planned Development - Target Industry
Zoning: A-1 (Agriculture) and PD (Planned Development)
West: Interstate 4
North: Future Land Use: Higher Intensity Planned Development - Target Industry
Zoning: A-1 (Agriculture) and PD (Planned Development)
South: Future Land Use: Industrial
Zoning: M-1 (Industrial) and M-1A (Very Light Industrial)
Site Analysis
Floodplain Impacts:
Based on FIRM map with an effective date of 2007, there appears to be no floodplains on the Subject Property.
Wetland Impacts:
Based on preliminary aerial photo and County wetland map analysis, there appears to be no wetlands on the Subject Property.
Endangered and Threatened Wildlife:
Based on a preliminary analysis, there may be endangered and threatened wildlife on the Subject Property. A threatened and endangered species survey may be required prior to site plan approval.
Utilities:
The Subject Property is located within Seminole County utility service area and will be required to connect to public utilities. A twelve-inch (12”) water main and an eight-inch (8”) force main is located on the east side of N Elder Road. Adequate water and sewer capacity is available to serve the proposed development.
Transportation/Traffic:
The Subject Property proposes access onto Elder Rd, which is classified as a local roadway. Elder Rd does not have improvements programmed in the County five (5) year Capital Improvement Program. The Applicant will be required to dedicate the necessary right-of-way and improve Elder Road to County standards, in accordance with the Public Works Engineering Manual, from Church Street to the site’s north entrance.
Sidewalks:
There is not an existing sidewalk along Elder Rd. The Applicant will be required to build a five (5) foot wide sidewalk along the Subject Property frontage on Elder Rd.
Drainage:
The proposed project is located within the Lake Monroe Drainage Basin and has limited downstream capacity; therefore, the site will have to be designed to meet water quality requirements and not exceed the pre-development rate of discharge for the twenty-five (25) year, twenty-four (24) hour storm event. The downstream capacity will also have to be shown to handle the proposed flows or reduce flows to a manageable limit.
Buffers and Open Space:
Buffers and open space requirements will be determined at site plan review and will be required to be in compliance with the Seminole County Land Development Code.
Consistency with the Comprehensive Plan
The purpose and intent of the Industrial land use is to identify locations for a variety of heavy commercial and industrial land uses oriented toward wholesale distribution, storage, manufacturing, and other industrial uses. This land use should be located with direct access to rail systems, collector, and arterial roadways, and as infill development where this use is established. The Applicant meets Objective FLU 1.6, Standards of Review- Category I of the Seminole County Comprehensive Plan, as follows:
A. Whether the character of the surrounding area has changed enough to warrant a different land use designation being assigned to the property.
Staff Analysis
The Subject Property currently has a Higher Intensity Planned Development - Target Industry (HIP-TI) Future Land Use designation and a Planned Development zoning designation. The proposed Land Use Amendment would retain the previously approved industrial uses that are compatible with the surrounding area. Properties to the east have an HIP-TI Future Land Use designation with established industrial warehouse development; to the north is the I-4 FDOT rest stop; and to the south are existing industrial uses. The Subject Property borders Interstate 4 to the west, and industrial uses are generally preferred along interstate corridors because they are more compatible with higher noise conditions.
B. Whether public facilities and services will be available concurrent with the impacts of development at adopted levels of service.
Staff Analysis
The Subject Property is located within the Seminole County Utility service area and is required to connect to public utilities; capacity is available.
At the time of Site Plan review, the Applicant may be required to provide a TIA if the proposed development exceeds fifty (50) weekday peak hour trips based on the ITE Trip Generation Manual.
C. Whether the site is suitable for the proposed use and will be able to comply with floodprone regulations, wetland regulations and all other adopted development regulations.
Staff Analysis
The Subject Property is vacant and does not contain wetlands or flood plain on site. The Subject Property does not have any existing infrastructure in place; however, at the time of the Site Plan review the Applicant will be required to meet all requirements of development per the SCLDC and Comprehensive Plan.
D. Whether the proposal adheres to other special provisions of law (e.g., the Wekiva River Protection Act).
Staff Analysis
Not Applicable
E. Whether the proposed future land use is compatible with existing surrounding development and future land uses in accordance with FLU Exhibit: Compatible Transitional Land Uses.
Staff Analysis
The proposed Future Land Use designation of Industrial is consistent with the existing Industrial and Higher Intensity Planned Development - Target Industry classifications in the area. The Land Use Amendment to Industrial is compatible with surrounding development patterns. Properties to the east and north have a Future Land Use designation of Industrial, and the site directly abuts Interstate 4 to the west.
F. Whether the proposed use furthers the public interest by providing or enabling the provision of:
1. Sites for public facilities or facility improvements in excess of requirements likely to arise from development of the site (applicable to Planned Development Future Land Use).
Staff Analysis
Not applicable.
2. Dedications or contributions in excess of Land Development Code requirements (applicable to PD Future Land Use).
Staff Analysis
Not applicable.
3. A range of attainable housing opportunities and choices, including affordable or workforce housing.
Staff Analysis
Not applicable.
4. Economic development (enabling higher paying jobs).
Staff Analysis
Not Applicable.
5. Reduction in transportation impacts on area-wide roads.
Staff Analysis
There are no additional transportation mitigation measures that are required at this stage of the rezone. At time of Site Plan review the Applicant may be required to submit a TIA if the proposed development exceeds fifty (50) or more peak trips.
6. Mass transit and a variety of transportation choices; or
Staff Analysis
Seminole County provides the Scout micro transit ride share service available to all Seminole County residents.
7. Whether the proposed land use designation is consistent with other applicable Plan policies and supports and is consistent with the Central Florida Regional Growth Vision, the Strategic Regional Policy Plan, and the State Comprehensive Plan.
Staff Analysis
Based on the Central Florida Regional Growth Vision, the proposed project, as an infill development, provides appropriate compatibility between adjacent land uses. The applicant is proposing adequate landscape buffering, including a twenty-five (25) foot landscaped buffer along N. Elder Road and a fifty (50) foot building setback.
Consistency with Sec. 30.3.1.6 Conventional Rezonings
The proposed M-1 (Industrial) zoning designation has been evaluated for compatibility with the Seminole County Land Development Code in accordance with Chapter 30, Part 4.
The request is consistent with the Seminole County Land Development Code and the surrounding area. The proposed development supports the objectives of the M-1 zoning designation through sufficient buffering, setbacks, and open space. The Applicant meets the requirements for the conventional rezoning contained in Section 30. 3.1.6 of the SCLDC as follows:
(1) Complies and is consistent with the County’s comprehensive plan.
Staff Analysis
The proposed rezoning is consistent with Comprehensive Plan policies related to the placement and transition of employment and industrial uses within urban areas. Policies FLU 5.4.4 and FLU 5.4.6 emphasize providing appropriate transitional land uses and adequate buffering where non-residential or industrial development occurs near residential areas to ensure compatibility and protect neighborhoods from potential impacts.
The Subject Property is located along an established industrial corridor on N Elder Road, adjacent to an FDOT rest stop just north of the site, an area no longer characterized by residential development. The proposed Industrial designation and M-1 zoning are compatible with the surrounding development pattern and provide sufficient space to incorporate required buffers during the Site Plan review process. Although four properties to the east and one property to the north contain residential homes, the Future Land Use designation for these five residential properties is Higher Intensity Planned Development - Target Industry, which does not support residential uses; therefore, these homes would be considered legal non-conforming uses.
The Applicant will be required to comply with the landscape buffer requirements of the M-1 (Industrial) zoning district, which mandates a front yard of not less than fifty (50) feet in depth as measured from the front property line to any building per Sec. 30.14.5.1 (b) of the SCLDC. The twenty-five (25) feet nearest the front property line must remain unpaved except for normal entrance drives and must be landscaped as required in Part 14 of the SCLDC. The remaining twenty-five (25) feet may be used for parking passenger vehicles only.
Adequate buffering, setbacks, and open space will be provided to ensure compatibility with the existing legal non-conforming residential homes and will be consistent with the established non-residential uses in the area, including warehouses, distribution facilities, and office uses.
(2) Meets the SCLDC and other applicable County regulations.
Staff Analysis
The requested M-1 zoning district standards, as outlined in the SCLDC, must be met during Site Plan review, including all applicable such as transportation, stormwater, open space, and landscape buffers requirements.
(3) Is compatible with existing and planned uses in the surrounding area.
Staff Analysis
The proposed development of a pipe service company is compatible with the existing uses along Elder Road and School Street. To the south, the Subject Property is adjacent to a stormwater pond that abuts an industrial subdivision, and to the west is Interstate 4. To the east, across from N Elder Road, are warehouses, distribution facilities, and office uses, and to the north is the new FDOT rest stop. These surrounding uses reflect the established development pattern along N. Elder Road and School Street and are consistent with the types of industrial activities present in the area. As a result, the proposed M-1 development aligns with the character and intensity of nearby uses.
(4) Will provide access sufficient to support the proposed development intensity and the provision of public services.
Staff Analysis
The proposed development includes one (1) existing curb cut on N Elder Road that will not be utilized by the pipe fitting business. Instead, the project will establish two (2) new curb cuts farther north on the Subject Property to provide adequate ingress and egress for the proposed industrial use. The project will also connect to the Seminole County water and sewer systems, ensuring the provision of sufficient public services. A traffic impact analysis (TIA) may be required during the Site Plan review process.
(5) The expected impacts on transportation facilities will be addressed by existing County regulations.
Staff Analysis
There are no additional transportation mitigation measures that are required at this stage of the rezone. At time of Site Plan review the Applicant may be required to submit a TIA if the proposed development exceeds fifty (50) or more peak trips.
(6) Will not adversely affect environmentally critical or sensitive areas and natural resources.
Staff Analysis
There are no environmentally critical or sensitive areas on the Subject Property.
(7) Has access to and will be served by an adequate level of public services such as sewer, water, police, fire, schools and related services.
Staff Analysis
The proposed development can be served by adequate levels of services for sewer, water, traffic, police and fire.
(8) Provides a benefit to the community by meeting Goals and Policies in the Comprehensive Plan.
Staff Analysis
Based on FLU Policy 5.4.4 of the Seminole County Comprehensive Plan, the proposed future land use amendment and rezoning are compatible with the surrounding legal non-conforming residential, commercial, and industrial uses. The proposed pipe fitting business fronts N Elder Rd, with industrial future land use to the south and Higher Intensity Planned Development - Target Industry to the north and east. The existing legal non-conforming residential homes are further buffered by the required twenty-five (25) foot wide buffer area along the front portion of the subject property providing additional separation and compatibility.
Staff finds the proposed Industrial future land use designation and M-1 (Industrial) zoning classification to be consistent with the Comprehensive Plan.
Community Meeting
In compliance with SCLDC Sec. 30.49 (a) - Community meeting Procedure, the Applicant held their community meeting on September 4, 2026. The community meeting information has been included in the agenda package.
Requested Action:
Staff requests the Planning and Zoning Commission recommend to the Board of County Commissioners adoption of the Ordinance enacting a Small Scale Future Land Use Map Amendment and concurrent Rezoning Ordinance as per the following two motions:
1.) Based on Staff’s findings and the testimony and evidence received at the hearing, the Planning and Zoning Commission finds the request meets the identified portions of the Comprehensive Plan and recommends the Board of County Commissioners adopt the Ordinance enacting a Small Scale Future Land Use Map Amendment from Higher Intensity Planned Development-Target Industry and Planned Development to Industrial for the Subject Property.
2.) Based on Staff’s findings and the testimony and evidence received at the hearing, the Planning and Zoning Commission finds the request meets the identified portions of the Seminole County Land Development Code and recommends the Board of County Commissioners adopt the Ordinance enacting a rezone from PD (Planned Development) and A-1 (Agriculture) to M-1 (Industrial), on approximately 7.11 acres, located on the west side of N Elder Rd, southwest of School St.