Title:
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Tri State Towing PD Rezone - Consider a Rezone from A-1 (Agriculture) to PD (Planned Development) for a proposed warehouse/office and tow yard on approximately 0.92 acres, located on the west side of W SR 426, approximately 800 feet north of Connection Point; (Z2023-010) (Brian Taylor, Applicant) District1 - Dallari (Annie Sillaway, Project Manager)
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Agenda Category:
Public Hearing Items
Department/Division:
division
Development Services - Planning and Development
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Authorized By:
Rebecca Hammock
Contact/Phone Number:
Annie Sillaway/407-665-7936
Motion/Recommendation:
1. Adopt the proposed Ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development); and approve the associated Master Development Plan and Development Order for approximately 0.92 acres, located on the west side of W SR 426, approximately 800 feet north of Connection Point; or
2. Deny adoption of the proposed Ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development); and deny approval of the associated Master Development Plan and Development Order for approximately 0.92 acres, located on the west side of W SR 426, approximately 800 feet north of Connection Point.
3. Continue the request to a time and date certain.
Background:
The Applicant proposes to develop the subject property as an office and warehouse with the accessory use of a tow yard. The Tri- State Towing Company proposes to operate a maximum of three (3) tow trucks, providing roadside assistance for police, medical, and fire emergency response incidents; the towing operation will not be open to the public for towing services. The towing company has contractual obligations with the City of Oviedo, who requires the towing company facility to be located within five (5) miles of the intersection of Mitchell Hammock and W SR 426. Proposed hours of operation are Monday through Friday from 8:00 a.m. to 6:00 p.m., and a twenty-four (24) hour drop off for emergency response.
The Master Development Plan includes 800 square feet of office and 3,500 square feet of warehouse, for a maximum building size of 4,300 square feet and a maximum building height of thirty-five (35) feet. Approximately 10,000 square feet of the subject site will be utilized as outdoor storage for towed vehicles. The tow yard will be located behind the proposed building, completely enclosed by a six (6) foot high opaque fence. Vehicles leaking fluids will be stored inside the warehouse to prevent ground contamination.
The subject property has an Industrial Future Land Use designation, which permits a maximum Floor Area Ratio (F.A.R.) of 0.65. The Future Land Use and Zoning designations of the surrounding area are as follows:
East: W SR 426
Future Land Use: Office and Medium Density Residential
Zoning: OP (Office) and R-1AA (Single Family Dwelling)
West: Future Land Use: Industrial
Zoning: PD (Oviedo Commerce Center)
North: Future Land Use: Industrial
Zoning: PD (Oviedo Commerce Center)
South: Future Land Use: Industrial
Zoning: A-1 (Agriculture)
Site Analysis
Floodplain Impacts:
Based on FIRM map 12117C0190F, with an effective date of 9/28/2007, 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 preliminary analysis, there may be endangered and threatened wildlife on the subject property. A listed species survey will be required prior to Final Engineering approval.
Utilities:
The site is located within the Seminole County utility service area. There is a sixteen (16) inch water main on the west side of W SR 426. The development will be required to connect to public utilities for water, and solid waste will be provided by an onsite septic system.
Transportation/Traffic:
Access to the subject site will be from the adjacent property to the north known as the Oviedo Commerce Center PD, via an existing cross access easement. The Applicant will provide a cross access easement to the property adjacent to the south.
Sidewalks:
There is an existing fourteen (14) foot wide paved trail, known as the Cross Seminole Trail, located along the west side of W SR 426; therefore, the Developer will not be required to construct a sidewalk for public right-of-way.
Drainage:
The proposed site is located within the Howell Creek Drainage Basin and has limited downstream capacity. The site may be required to hold the entire twenty-five (25) year, twenty-four (24) hours storm event onsite. A detailed drainage analysis will be required and evaluated at time of Final Engineering plan review.
Buffers:
The Applicant proposes a fifteen (15) foot wide buffer along a portion of the east perimeter and a five (5) foot wide buffer along the north and south, and no buffer along the west perimeter. Buffer components will be established at Final Development Plan.
Open Space:
Twenty (20) percent common usable open space will be provided on the subject property.
Consistency with the Land Development Code
The intent of the PD zoning classification is 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 conditions, especially where they are used to implement adopted policies of the Comprehensive Plan. Development standards shall be implemented to achieve compatibility and 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.
The proposed PD zoning classification and the associated Master Development Plan have been evaluated for compatibility with the Land Development Code of Seminole County in accordance with Chapter 30, Part 25.
Staff finds the proposed development to be consistent with the PD zoning classification objectives in that it provides the required minimum of twenty (20) percent open space and provides adequate landscape buffers. The Master Development Plan defines the permitted uses, the maximum allowable F.A.R., the maximum allowable building height, and the minimum required building setbacks. Hours of operation are limited to Monday through Friday from 8:00 a.m. to 6:00 p.m., with a twenty-four (24) hour drop off for emergency response. The towing facility is restricted to the storing of vehicles towed from police, medical, and fire emergency response incidents only, and vehicles leaking fluids must be stored inside the warehouse to prevent ground contamination. To minimize impacts to the shared cross access easement on the property to the north, the towing facility is limited to a maximum of three (3) tow trucks, and the tow trucks shall not exceed a Gross Vehicle Weight Rating (GVWR) of 20,000 pounds.
Consistency with the Comprehensive Plan
The purpose and intent of the existing Industrial Future Land Use designation is to identify locations for a variety of heavy commercial and industrial uses oriented towards wholesale distribution, storage, manufacturing, and other industrial uses. The Industrial Future Land Use allows a maximum F.A.R. of 0.65.
Staff finds the request to be consistent with the Comprehensive Plan and compatible with the surrounding trend of development in the area. All the properties on the west side of W SR 426, lying south of W Chapman Road and north of Aloma Woods Boulevard have an Industrial Future Land Use. The proposed PD Permits office and warehouse uses with the accessory use of a tow yard for the outdoor storage of vehicles. The tow yard will be enclosed with a six (6) foot high opaque fence to provide security and a visual screen from adjacent properties. The Applicant proposes an F.A.R. of 0.10, which is less intense than the maximum allowable 0.65 F.A.R. permitted under the existing Future Land Use.
In compliance with Seminole County Land Development Code Sec. 30.49 - Community Meeting Procedures, the Applicant conducted a community meeting on July 26, 2023; details of the community meeting have been provided in the agenda package.
Planning and Zoning Commission Recommendation:
The Planning & Zoning Commission met on October 4, 2023, voted three (3) to two (2) to recommend the Board of County Commissioners deny adoption of the proposed Ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development); and deny approval of the associated Master Development Plan and Development Order for approximately 0.92 acres, located on the west side of W SR 426, approximately 800 feet north of Connection Point.
The Planning and Zoning meeting minutes will be distributed under a separate cover.
Since the Planning and Zoning Commission meeting, conditions have been added to the Development Order to help address their concerns.
Staff Recommendation:
Recommend the Board of County Commissioners adopt the proposed Ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development); and approve the associated Master Development Plan and Development Order for approximately 0.92 acres, located on the west side of W SR 426, approximately 800 feet north of Connection Point.