Legislation Details

File #: 2025-132   
Category: Public Hearings - Quasi-Judicial Status: Passed
File created: 2/11/2025 Type: Board of County Commissioners
On agenda: 3/11/2025 Final action: 3/11/2025
Title: Highway 46 Commercial Small Scale Future Land Use Map Amendment and PD Rezone - Consider a Small Scale Future Land Use Map Amendment from Higher Intensity Planned Development - Target Industry to Planned Development, and a Rezone from A-1 (Agriculture) and C-1 (Retail Commercial) to PD (Planned Development) for a proposed automotive collision center on approximately 11.64 acres, located on the north side of State Road 46 and west of Harvest Time Drive. (Z2024-022/10.24SS.01) (Thomas A. Dixon, Applicant) District 5 - Herr (Kaitlyn Apgar, Planner)
Attachments: 1. LOCATION MAP, 2. ZONING MAP, 3. AERIAL MAP, 4. MASTER DEVELOPMENT PLAN, 5. DEVELOPMENT ORDER, 6. REZONE ORDINANCE, 7. FUTURE LAND USE ORDINANCE, 8. LAND USE AMENDMENT ATTACHMENT A, 9. APPLICANT'S NARRATIVE, 10. COMMUNITY MEETING MINUTES, 11. P&Z Minutes 2.5.25.pdf, 12. DENIAL DEVELOPMENT ORDER, 13. BUSINESS AND ECONOMIC IMPACT STATEMENT.pdf, 14. Item 21 SR 46 SSFLUMA AND PD REZONE 03-11-25.pdf

Title:

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Highway 46 Commercial Small Scale Future Land Use Map Amendment and PD Rezone - Consider a Small Scale Future Land Use Map Amendment from Higher Intensity Planned Development - Target Industry to Planned Development, and a Rezone from A-1 (Agriculture) and C-1 (Retail Commercial) to PD (Planned Development) for a proposed automotive collision center on approximately 11.64 acres, located on the north side of State Road 46 and west of Harvest Time Drive. (Z2024-022/10.24SS.01) (Thomas A. Dixon, Applicant) District 5 - Herr (Kaitlyn Apgar, Planner)

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Division:

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Development Services

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Authorized By:

Jose Gomez, Development Services Director

Contact/Phone Number:

Kaitlyn Apgar/407-665-7377

Background:

The Applicant is requesting a Small Scale Future Land Use Map Amendment from Higher Intensity Planned Development-Target Industry (HIP-TI) to Planned Development, and a Rezone from A-1 (Agriculture) and C-1 (Retail Commercial) to PD (Planned Development) to develop the subject property as an automotive collision center, as well as the permitted uses under the C-2 (General Commercial) zoning district with a maximum Floor Area Ratio (F.A.R.) of 0.35, and a maximum building height of thirty-five (35) feet.

The subject property has an existing single-family residence on the southern portion of the property. This southern portion of the property has C-1 zoning. The rear northern portion of the property has A-1 zoning and was historically utilized as a borrow pit. The PD proposes a 36,892 square foot automotive collision center as the first phase of development, and development of an outparcel permitting those uses under the C-2 zoning district for future development in Phase 2, as illustrated on the Master Development Plan. A portion of the remaining borrow pit will be utilized for stormwater purposes. The uses proposed for the PD are Seminole County Land Development Code (SCLDC) C-2 (General Commercial) uses as well as the rental, sale, service, maintenance, test driving, charging, repair, delivery, paint, body repair and collision, and storage of new and pre-owned automobiles and energy products as well as related parts and accessories, and general office purposes. Excluded uses from the C-2 zoning district include communication towers (generally and camouflage), lumber storage and distribution, and billboards.

The subject property currently has a HIP-TI Future Land Use designation, which is designed to provide target industry land uses that would promote business development in major corridors. These target industries are inclusive of manufacturing, advanced technologies, technical and research services, distribution, digital media, life sciences, financial and information services, and other businesses/industries with high annual average wages. The subject property is also located within the Urban Centers and Corridors Overlay District per the Comprehensive Plan. This overlay precludes the property from being used as an automotive collision center (this use could otherwise be allowed in HIP-TI if not for the overlay), which warrants the need for the Future Land Use Amendment. The existing split zoning of A-1 and C-1 also necessitate the request for rezone, as well as the intended use of the property which would not be a permitted use in the C-1 zoning district. The proposed Future Land Use Map Amendment would change the Future Land Use of the subject property from HIP-TI to Planned Development, with a maximum F.A.R. of 0.35.

The Applicant and Staff have coordinated with the City of Sanford to organize proceedings regarding a pre-annexation agreement and compliance with the established Seminole County/City of Sanford Joint Planning Agreement (JPA). The proposed development is located within Planning Sub-Area eight (8), which supports target area industry and gateway corridor standards. The proposed development will proceed through the entitlement process with Seminole County. A pre-annexation agreement will be required prior to Site Plan approval with the County as a condition for the City of Sanford providing utilities. The site will go through all development approvals with the County and will annex into the City following construction. The subject property is also within the State Road 46 Gateway Corridor Overlay, which includes design standards and criteria for consistency with the JPA. Signage and landscaping shall comply with the SCLDC, and the minimum building setback of fifty (50) feet from State Road 46 (as required by the State Road 46 Gateway Corridor Overlay) will be provided.

The Future Land Use and zoning designations of the surrounding area are as follows:

East:                                          Harvest Time Drive - County maintained Local Road

Future Land Use: HIP-TI (Higher Intensity Planned Development- Target Industry)

Zoning: C-1 (Retail Commercial)

 

West:                      City of Sanford Jurisdiction

                                          Future Land Use: Westside Industry and Commerce

Zoning: PD (Townhome Development to the northwest and commercial outparcels to the southwest)

 

North:                     City of Sanford Jurisdiction

                                          Future Land Use: Westside Industry and Commerce

                                          Zoning: PD (Harvest Time International Hope Center)

 

South:                     State Road 46 - FDOT maintained Urban Principal Arterial

                                          City of Sanford Jurisdiction

                                          Future Land Use: Westside Industry and Commerce

                                          Zoning: PD and AG (Agriculture)

 

Site Analysis

Floodplain Impacts:

Based on the Flood Insurance Rate Map (FIRM) with an effective date of 2007, the site does not appear to contain floodplains. 

Wetland Impacts:

Based on preliminary aerial photo and County wetland map analysis, there does not appear to be any wetlands on the property.

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 prior to Site Plan approval.

Utilities:

The site is located within the City of Sanford’s utility service area and will be required to connect to public utilities. Intergovernmental coordination with the City of Sanford has been established. A pre-annexation agreement prior to Site Plan approval via Seminole County will be required as a condition for the City of Sanford provision of utilities.

Transportation/Traffic:

The property proposes access onto Harvest Time Drive and State Road 46, which are classified as a local road and an Urban Principal Arterial, respectively. State Road 46 is currently operating at a level-of-service “A and B” and does not have improvements programmed in the FDOT five (5) year Work Program.

Sidewalks:

There is not an existing sidewalk along Harvest Time Drive; therefore, the Developer will be required to build a 5-foot sidewalk along the property frontage.

Drainage:

The proposed project is located within the Lake Monroe Drainage Basin, which has limited downstream capacity; therefore, the site’s design will be required to hold water quality, and not exceed the pre-development rate and volume for the twenty-five (25) year, twenty-four (24) hour storm event.

Buffers and Open Space:

The subject property is located within the State Road 46 Gateway Corridor. The buffer width required per the SCLDC is twenty-five (25) feet in width and is illustrated on the proposed Master Development Plan. The applicant also provided a fifteen (15) foot wide landscape buffer to the east in compliance with local road buffer code requirements.  The west perimeter buffer requirement will be established at time of Final Development Plan for Phase 2 in accordance with SCLDC provisions and requirements.

Consistency with the Land Development Code

The proposed PD zoning designation and the associated Master Development Plan have been evaluated for compatibility with the SCLDC in accordance with Chapter 30, Part 8.

Review Criteria for Planned Developments, as per SCLDC Sec. 30.8.5.3 states, in approving a Planned Development, the Board of County Commissioners shall affirm the following: 

Per SCLDC Sec. 30.8.5.3(a)-Comprehensive Plan Consistency: In approving a planned development, the Board of County Commissioners shall affirm that the proposed development is consistent with the Comprehensive Plan, and effectively implements any performance criteria that the Plan may provide.

Per SCLDC Sec. 30.8.5.3(b)-Greater Benefit and Innovation Criteria: In addition, PD zoning may be approved only when the Board determines that the proposed development cannot be reasonably implemented though existing provisions of this Code, and that a PD would result in greater benefits to the County than development under conventional zoning district regulations.

Per SCLDC Sec. 30.8.5.3(c)-In addition, any proposed development under the PD ordinance must address the following goals:

(1) Meet or exceed the arbor, tree preservation, and tree planting requirements of this Code on a project-wide basis.

(2) Minimize transportation impacts through design elements, which may include but are not limited to: multi-modal connectivity; electric vehicle charging; infrastructure of pedestrian or bicycle infrastructure exceeding the minimum standards; shared transportation parking or devices; pedestrian-oriented architectural design; accommodation or neighborhood electric vehicles; transportation demand management; or permitting complementary uses.

Staff Finds

The request is consistent with the SCLDC and the surrounding trend of development in the area. The proposed project supports the objectives of the PD zoning designation in that it provides the required minimum of twenty-five (25) percent open space, adequate buffering to maintain compatibility with adjacent properties, established building setbacks, a maximum building height, and a maximum F.A.R.  An end user is not determined for Phase 2 at this time; therefore, the buffer width and components will be determined at time of Final Development Plan for Phase 2 based on development intensity and adjacent existing uses. The applicant provided a twenty (20) foot building setback along the west perimeter due to the nature of the residential development to the northwest in order to provide adequate distance between future general commercial development and residential lots.

The subject site is located within the State Road 46 Gateway Corridor. The intent of this overlay is to provide uniform design standards to prevent visual pollution, maximize traffic circulation, preserve natural features, and make allowances for existing uses and buildings in compliance with SCLDC 30.10.11. The request, as proposed, meets the standards of the State Road 46 Gateway Corridor.

The proposed development also addresses multi-modal connectivity through the provisions of bicycle parking and allows for the development of EV charging stations accessory to the intended collision center. This allows for enhanced accessibility to the site, as well as the adjacent development for Phase 2. The Developer intends to redevelop the abandoned borrow pit and encourage further commercial development through the creation of a second outparcel. This poses as opportunity for growth and potential for services to abutting residential developments to the northwest. 

The trend of development in the area is supportive of light industrial, heavy commercial, and general commercial uses as a compatible transition from medium density residential and multi-family developments within the City of Sanford. Warehousing/Distribution uses exist to the northeast with general office uses (associated with the warehouse to the northeast) to the east of the proposed development. C-2 (General Commercial) Seminole County Zoning exists further to the east as a developed truck sales establishment. The developments to the west include a power sports dealership and a self-storage facility. There are pockets of multi-family development across State Road 46 and further west, adjacent to the self-storage facility. The inclusion of C-2 development encompasses potential for a variety of goods/service-oriented establishments for the adjacent residential, as well as potential for compatibility between existing uses that front State Road 46. In order to maintain compatibility with neighboring existing uses and uphold SCLDC performance standards, all collision repair operations shall be conducted indoors. Outdoor storage of merchandise and materials are prohibited with the exception of vehicles for sale and that inoperable vehicles to be repaired are screened from public view.

Staff finds the requested PD zoning classification to be consistent with the Land Development Code and compatible 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.

Staff Finds

The subject site is located within the Urban Centers and Corridors Overlay District. The purpose of the Overlay, per the Future Land Use Policy 4.2.3 within the Seminole County Comprehensive Plan, is to encourage phased development, infill development, and/or redevelopment of these areas into a more compact, walkable land development pattern that allows for a balance of jobs to housing and the use of multiple modes of transportation. The Overlay is a land use strategy that enables the County to implement its multi-modal mobility strategy for the urban area and is also a method of incentivizing the provision of affordable housing by the private sector. The performance framework in this Policy will determine how redevelopment may occur.  Infill development and redevelopment projects that are located along major arterial roadways included within the Urban Centers and Corridors Overlay must be planned as pedestrian-oriented, either with requirements to build to a sidewalk located on the corridor, or with minimal setbacks from that sidewalk or pedestrian path. Such redevelopment and infill projects must share vehicle access from the arterial and may not be designed to provide multiple individual vehicle accesses for each individual use.

The requested PD proposes the use of an automotive collision center, along with C-2 (General Commercial) uses, which is consistent with the intent and allowable uses under the existing HIP-TI Future Land Use designation. The development also meets the overall intent of the Urban Centers and Corridors Overlay in that the redevelopment of the site will provide for jobs in the area near existing housing, and shared vehicular and pedestrian access will be provided.  Automotive repair and sales are permitted under the existing HIP-TI land use only when the subject parcel is not within the Urban Centers and Corridor Overlay, as stated in Future Land Use Policy 4.5.3 (A) (6). By pursuing a Future Land Use Amendment to PD, it allows for the property to remain in the overlay and eliminates the resulting prohibition of the automotive repair and sales land use on property within both the overlay and HIP-TI Future Land Use designation. By itself, the overlay does not prohibit the use of an automobile collision center. Thus, a Future Land Use Map Amendment from HIP-TI to PD will allow for the requested use.

The proposed Planned Development zoning classification is compatible with the surrounding trend of development in the area and is consistent with both the allowable uses in HIP-TI, aside from the Urban Centers and Corridors Overlay. The proposed Master Development Plan provides sufficient setbacks and buffering between the proposed development’s F.A.R. maximum of 0.35, which is consistent with the typical Commercial Future Land Use F.A.R. maximum, and abutting medium-density residential uses and future commercial uses to the west.

Staff finds the proposed Planned Development Future Land Use designation and PD (Planned Development) zoning classification to be consistent with the Comprehensive Plan.

Community Meeting

In compliance with Seminole County Land Development Code Sec. 30.49 - Community Meeting Procedure, the Applicant conducted a community meeting on December 9, 2024; details of the community meeting have been provided in the agenda package.

Planning & Zoning Commission

The Planning and Zoning Commission met on February 5, 2025, and voted unanimously to recommend the Board of County Commissioners adopt the Ordinance enacting a Small Scale Future Land Use Map Amendment from Higher Intensity Planned Development-Target Industry to Planned Development, and a Rezone from A-1 (Agriculture) and C-1 (Retail Commercial) to PD (Planned Development) for a proposed automotive collision center on approximately 11.64 acres, located on the north side of State Road 46 and west of Harvest Time Drive.  The P&Z Board minutes from this meeting are attached.

Requested Action:

Staff requests the Board adopt the proposed Ordinance enacting a 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 meet the identified portions of the Comprehensive Plan and moved to adopt the requested Small Scale Future Land Use Map Amendment from Higher Intensity Planned Development-Target Industry to Planned Development; and

2.)                     Based on Staff’s findings and the testimony and evidence received at the hearing, the Board finds the request does meet the identified portions of the Seminole County Land Development Code and moves to adopt the requested Rezone from A-1 (Agriculture) and C-1 (Retail Commercial) to PD (Planned Development), and associated Development Order and Master Development Plan.