Title:
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2825 Waldens Pond Cove Special Exception - Consider a Special Exception for an assisted living facility with eight (8) residents in the A-1 zoning district on one (1) acre, located on the east side of Waldens Pond Cove; BS2024-03 (Carol McIntyre, Applicant) District5 - Herr (Hilary Padin, Planner)
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Agenda Category:
Public Hearing Items
Department/Division:
division
Development Services
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Authorized By:
Jose Gomez, Development Services Director
Contact/Phone Number:
Hilary Padin (407) 665-7331
Background:
The Applicant is requesting a Special Exception for an existing assisted living facility located within the Mandarin subdivision in Longwood to increase their residents from six (6) beds to eight (8) beds.
The assisted living facility, known as Arrows Senior Care, employs four (4) staff members to provide around the clock care for their non-driving, elderly residents.
The structure is a 2,393 square foot, four (4) bedroom single-family residence. The Applicant’s intent is to have two (2) residents for each bedroom, without any structural modifications to the facility.
In compliance with Seminole County Land Development Code Sec. 30.3.5 - Community meeting procedures, the Applicant conducted a community meeting on December 21, 2024. Details of the community meeting have been provided in the agenda package.
Staff Findings:
In reviewing special exception requests, Section 30.3.1.5(a) of the Seminole County Land Development Code, requires that the Planning and Zoning Commission hold a public hearing to consider the proposed special exception and submit written recommendations to approve with conditions or deny the request to the Board of County Commissioners for official action. After review of the special exception request and a public hearing, the Board of County Commissioner may approve the request if it is determined that the use requested:
(1) Is not detrimental to the character of the area or neighborhood or inconsistent with trends of development in the area:
• This assisted living facility is within an existing single-family residential subdivision in the A-1 zoning district. The facility currently houses six (6) residents, which is in character with the typical occupancy and use in a single-family residential subdivision and precluded by Florida Statute from zoning regulations. Approval of this Special Exception would allow for eight (8) residents, which would then deem the facility non-residential and trigger requirements for changes to the property and structure to make it align with a commercial use facility, such as signage, parking and sprinkler systems. The existing trend of development of the area is Suburban Estates, single-family residential in character and would not be compatible with a higher resident count, commercial use facility.
(2) Does not have an unduly adverse effect on existing traffic patterns, movements and volumes:
• The additional residents would incur additional trips by employees, visitors, medical professionals, ambulance transportation, and other vehicular traffic through this residential subdivision to support the additional resident’s needs. Therefore, it would create unduly adverse effects on traffic patterns, movements and volumes throughout the subdivision.
(3) Is consistent with the County’s Comprehensive Plan:
• The subject property has a future land use designation of Suburban Estates (SE). Pursuant to the Seminole County Comprehensive Plan, the purpose and intent of this land use designation is to allow the development of large lot single family estates as a desired final land use; to act as a stepped down land use serving as a buffer between urban development and the Rural Area; and to allow existing agricultural operations to continue until developed for other uses. Permitted uses include single family residences on a minimum of one (1) acre; general rural uses; houses of worship, country clubs (over ten acres in size); home occupations; public elementary schools, public middle schools and public high schools. Special exception uses include uses such as adult congregate living facilities, group homes, mobile homes and accessory uses, borrow pits, cemeteries, kennels, sewage and water treatment plants, landfills, and other public utility structures.
• This property is located on an interior local road of an established Suburban Estates single-family residential subdivision without the means of easy access to public infrastructure to support a commercial level assisted living facility use. The Comprehensive Plan intends for the property to act as a buffer between urban development and rural area and not for a non-residential facility and therefore, is not consistent with the Seminole County Comprehensive Plan.
(4) Will not adversely affect the public interest:
• In addition to the imposition of additional traffic upon the residents of the subdivision, the proposed increase of residents would require the assisted living facility to conform to additional standards, such as parking, buffering, signage, and other requirements that would create the appearance of a commercial facility, while located within a single-family subdivision. Therefore, the granting of the subject Special Exception will adversely affect the public interest.
(5) Meets any special exception criteria described in additional use standards:
Section 30.6.10.3 of the Land Development Code of Seminole County states that assisted living facilities may be approved by the Board of County Commissioners as a special exception, providing, in addition to all other required findings:
(a) That the location does not create an over-concentration of such homes or substantially alter the nature and character of the area as defined in Section 419.001(3)(c), Florida Statutes (2020).
• Although the location does not create an over-concentration, Florida Statute 419.001(3)(c)(3) states that a home that is located within a radius of 500 feet of an area of single family zoning substantially alters the nature and character of the area. The facility is surrounded by single family homes within an established community. The additional requirements of a facility with over six (6) beds requires additional standards to comply with, causing the nature and character of the single-family home within a developed Suburban Estates subdivision to be altered.
(b) In single- and two-family residential districts (including A-1 and RC-1), the Board of County Commissioners shall determine that the proposed structure (facility) is compatible with the neighborhood in its physical size.
• The existing structure is currently 2,393 square feet and the Applicant is not proposing to expand the structure. Therefore, the proposed structure is compatible with the neighborhood in its physical size.
(6) Meets the following additional requirements for the A-1 zoning district:
(a) Is consistent with the general zoning plan of the rural zoning classifications; and
(b) Is not highly intensive in nature; and
(c) Is compatible with the concept of low-density rural land use; and
(d) Has access to an adequate level of public services such as sewer, water, police, fire, schools and related services.
• The proposed increase of beds for this existing assisted living facility would require commercial use standards, such as parking, buffering, and signage that would not be in character with the rural zoning classification. It would create additional traffic to the location that would be intensive in nature and not be compatible with the concept of low-density rural land use.
• The subject property is serviced by Sunshine Water and has a septic system in place. Sunshine Water Services provided a letter verifying service to the address. The Florida Department of Health issued a letter approving the request for an increase to eight (8) beds.
Requested Action:
Staff requests the Board of County Commissioners deny the Special Exception and associated Development Order for an eight (8) bed assisted living facility in the A-1 zoning district on one (1) acre, located on the east side of Waldens Pond Cove.