Title:
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Tatra Townhomes Rezone - ***REQUEST FOR CONTINUANCE TO THE AUGUST 5TH MEETING*** - Consider a Rezone from A-1 (Agriculture) to R-3A (Multiple Family Dwelling) for a seventy (70) unit townhome development on approximately 11.97 acres, located on the west side of Tatra St, north of W Chapman Rd; (Z2025-016) (Chris Leppert, Kimley-Horn and Associates, Inc.) District 1 - Dallari (Kaitlyn Apgar, Senior Planner)
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Agenda Category:
Public Hearing Items
Department/Division:
division
Development Services
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Authorized By:
Joy Giles - Planning Division Manager
Contact/Phone Number:
Kaitlyn Apgar/ 407-665-7377
Background:
The Applicant is requesting a rezone from A-1 (Agriculture) to R-3A (Multiple Family Dwelling) to develop the subject property as a townhome development with an overall density of ten (10) dwelling units per net buildable acre. The Future Land Use is Medium Density Residential, which permits a maximum density of ten (10) dwelling units per net buildable acre. The intent of the Medium Density Residential Future Land Use is to provide a range of residential uses and serve as an effective transition between Low Density Residential and more intense urban development.
The Future Land Use and zoning designations of the surrounding area are as follows:
East: Tatra Street
Future Land Use: Medium Density Residential
Zoning: A-1 (Agriculture)
West: SR 417
North: Future Land Use: Medium Density Residential
Zoning: A-1 (Agriculture)
South: Future Land Use: Medium Density Residential
Zoning: A-1 (Agriculture)
Site Analysis
Floodplain Impacts:
Based on the updated Howell Creek Basin Study, the site appears to contain floodplains. A topographic survey showing floodplain delineations will be required prior to Final Engineering approval. Conservation easements, dedicated to Seminole County, will be required over all property within the post development 100-year floodplain.
Wetland Impacts:
Based on preliminary review of aerial photography and County wetland map, the subject property appears to contain approximately 6.75 acres of wetlands. The Developer is proposing to mitigate for approximately 6.45 acres of wetlands. Conservation easements dedicated to Seminole County will be required over the entirety of all remaining wetlands which equates to approximately 0.3 acres. A topographic survey showing wetland delineations and permitting approval from the Florida Department of Environmental Protection (FDEP) will be required at Final Engineering review. The subject property has approximately 4.44 acres of floodplain. The applicant is proposing to mitigate for 6.45 acres of wetlands and compensate for onsite floodplain in order to achieve an overall net buildable acreage of approximately seven (7) acres.
Endangered and Threatened Wildlife:
Based on a 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 in Seminole County’s utility service area and will be required to connect to public utilities. There is a thirty (30) inch DIP water main running along the centerline of W Chapman Rd and a sixteen (16) inch PVC force main running along W SR 426. The subject property is not in the ten-year master plan for reclaimed water. This status is based on the May 2026 Master Plan; however, this may be subject to change according to SJRWMD policy. W SR 426 is an FDOT maintained right of way, thus, any utility construction work within this area will require an FDOT utility permit.
Transportation/Traffic:
The site proposes access onto Tatra St which is classified as a local road. Tatra St is not improved to County standard and does not meet County right-of-way standards for width, as it only provides forty (40) feet of right-of-way. Fifty (50) feet of right-of-way is required for new development for residential units of fifty (50) lots and above as per the Seminole County Engineering Manual Sec. 1.11.1 (A). Tatra St is a publicly dedicated right-of-way that is not within the County’s maintenance system, but is available for emergency maintenance as defined and described in the Seminole County Administrative Code.
Sidewalks:
A sidewalk does not currently exist along Tatra St; therefore, the Developer will be required to build a five (5) foot wide sidewalk along the property frontage.
Drainage:
The proposed project is located within the Howell Creek Drainage Basin, which has limited downstream capacity and does not appear to have a viable drainage outfall; therefore, the site’s design will be required to hold water quality, and hold the entire volume for the twenty-five (25) year, twenty-four (24) hour storm event unless a viable, positive, legal outfall is determined at final engineering.
Buffers and Open Space:
Buffers are required adjacent to Tatra St and SR 417. These buffers are demonstrated on the Development Plan and are in compliance with existing standards of the Seminole County Land Development Code. Specific buffer components and composition will be determined at Final Engineering. Twenty-five (25) percent open space is required in the R-3A zoning district. The Developer proposes to maintain approximately 28.17 percent open space.
Public School Capacity Determination:
Seminole County Public Schools (SCPS) provided a School Impact Analysis School Capacity Determination for the proposed project based on Concurrency Service Area (CSA) and Zoned Schools for the property. The Zoned Elementary and High schools are currently over capacity. However, per the adopted Interlocal Agreement between the School District and Seminole County, available school capacity is based on Concurrency Service Areas. The (SCPS) analysis concluded that the students generated by the project for the adjacent Concurrency Service Area (CSA) would, at this time, be able to be accommodated without exceeding the adopted level of service (LOS) for each CSA by school type. The analysis notes this is a nonbinding review, the numbers are for informational purposes and as indicated in the analysis may not represent future conditions when final approval requires a School Capacity Availability Letter of Determination (SCALD) reservation letter from the School board.
Consistency with the Land Development Code
Section 20.7 of the Seminole County Land Development Code requires that all applications for rezoning comply with the requirements of state law, the Seminole County Comprehensive Plan, the Seminole County Code and the Seminole County Land Development Code. The proposed R-3A (Multiple Family Dwelling) zoning designation has been evaluated for compatibility with the Land Development Code of Seminole County in accordance with Chapter 30, Part 4.
Section 30.4.8.2, SCLDC, sets a maximum density of ten (10) dwelling units per net buildable acre for the R-3A zoning district, which is consistent with the established Medium Density Residential Future Land Use. The R-3A zoning district requires a development plan, which the applicant has provided. The proposed development is compatible with the existing Future Land Use, and the surrounding Future Land Use indicates that the Medium Density Residential development pattern is desirable in this area. While the surrounding zoning districts maintain A-1 (Agriculture) zoning, the proposed R-3A zoning is consistent with the Future Land Use in the area.
As discussed above, the development is proposing to access Tatra Street, a substandard local road. As authorized by Section 5.20, Engineering Manuals, of the SCLDC the Seminole County Public Works Engineering Manual Sec. 1.11. Right of Way and Pavement Widths, requires a fifty (50) right-of-way width for residential developments containing fifty (50) lots or more in the Urban Area. The proposed development is located within the Urban Area of the County as shown per the County’s adopted Comprehensive Plan, FLU Exhibit - 27.
Further, Section 35.1 of the SCLDC seeks to ensure that new development provides for:
(c) The adequate and efficient supply of utilities, streets, and services to new land developments.
(e) The prevention of traffic hazards and congestion that result from narrow or poorly aligned streets and from excessive ingress and egress points along major traffic arteries, and the provision of safe and convenient traffic circulation, both vehicular and pedestrian, in new land development.
Approving the requested rezoning on an existing local road that does not meet County standards would result in violating the intent and purpose of Section 35.1, SCLDC, by allowing major development on a narrow, substandard street potentially leading to traffic hazards, congestion and unsafe traffic circulation.
As per Section 20.7 of the SCLDC, rezonings must be compliant with the County’s codes. This request does not comply with the requirements of the SCLDC and Seminole County Public Works Engineering Manual. County staff must consider the intent of the regulations regarding adequate and efficient streets when evaluating consistency with the SCLDC. The proposed development may create traffic hazards and congestion due to narrow or poorly aligned streets that do not meet County standards, which could compromise the safety of adjacent development. For these reasons, staff does not support the request to rezone to R-3A.
Consistency with the Comprehensive Plan
The purpose and intent of the Medium Density land use designation is to provide for a range of residential uses at a maximum density of ten (10) dwelling units per net buildable acre can serve effectively as a transitional use between more intense urban development and Low Density Residential/Suburban Estates uses.
The Medium Density Residential Future Land Use requires multi-family developments to provide on-site amenities including active recreation areas, usable open space, and pedestrian walkways as a component of development design. The development plan submitted by the applicant demonstrated compliance with this section.
Per Policy FLU 5.2.2, the Medium Density Residential Future Land Use should be located on or in proximity to collector or arterial roadways to minimize traffic on local streets. While Chapman Road is a collector, Tatra St, where the proposed project is located, is a local road and is substandard per the SCLDC. Staff does not support the proposed development because it does not demonstrate compliance with the Comprehensive Plan’s transportation policies, specifically Policy TRA 1.3.3 and Policy TRA 2.3.5, which require that all new or improved transportation facilities meet County Standards before the development occurs on unincorporated lands, as further discussed below.
Per Policy TRA 1.3.3 Require Construction to County Standards:
The County shall require that all new or improved transportation facilities be constructed to County standards and shall review, on an annual basis, and amend, as deemed necessary, construction inspection practices. The County requires transportation facilities be brought up to standard prior to development of unincorporated lands.
Per Policy TRA 2.3.5 Require Construction to County Standards:
The County shall require that all new or improved transportation facilities be constructed to County standards and shall review, on a time to time basis, and amend, as deemed necessary, construction inspection practices. The County requires transportation facilities be brought up to standard prior to development of unincorporated lands.
Both policies establish three key factors:
1. All transportation facilities serving new development must be constructed to County standards.
2. Facilities that do not meet those standards must be brought up to standard prior to development approval.
3. The County must ensure that inspection practices and roadway conditions support safe and efficient travel.
The public right of way requirement of the Public Works Engineering manual bases values for required public right-of-way width in order to allow sufficient space for ADA compliant sidewalks, utility installation, and adequate road width whilst maintaining ability to transition to natural grade of adjacent properties. The proposed development provides access from a right-of-way that is not meeting the minimum width of right-of-way which impacts the ability for adequate grading from the road to adjacent properties and comply with infrastructure requirements for the projected seventy (70) units. These deficiencies create potential safety concerns for existing and future residents.
While the proposed R-3A zoning classification is compatible with the surrounding anticipated trend of development in the area and is consistent with both the allowable use and density provisions of the Medium Density Residential future land use designation, the proposed project does not meet the requirements of Policies TRA 1.3.3 and TRA 2.3.5 of the Comprehensive Plan. As such, this request is not consistent with the Comprehensive Plan and staff cannot support the request.
Community Meeting:
In compliance with Seminole County Land Development Code Sec. 30.49 - Community Meeting Procedure, the Applicant conducted a community meeting on February 27, 2026. The applicant conducted a second community meeting to address community concerns on April 21, 2026. Details of both community meetings have been provided in the agenda package.
Requested Action:
Staff requests the Planning and Zoning Commission recommend to the Board of County Commissioners denial of the Ordinance enacting a rezone from A-1 (Agriculture) to R-3A (Multiple Family Dwelling) as per the following motion:
Based on Staff’s findings and the testimony and evidence received at the hearing, the Planning and Zoning Commission finds the request is not consistent with the Comprehensive Plan, specifically Policies TRA 1.3.3 and TRA 2.3.5, and does not meet the applicable portions of the Land Development Code, specifically Sections 20.7 and 35.1, as well as the County’s adopted Engineering Manual, specifically Sec. 1.11.1 (A), and recommends the Board of County Commissioners deny the Ordinance enacting a rezone from A-1 (Agriculture) to R-3A (Multiple Family Dwelling) for a seventy (70) unit townhome development on approximately 11.97 acres, located on the west side of Tatra St, north of W Chapman Rd.