Title:
title
Marsden Building PD Rezone- Consider a Rezone from C-2 (General Commercial) to PD (Planned Development) for a proposed office and warehouse building on approximately 0.47 acres, located on the southeast corner of Division Street and Wells Avenue; (Z2025-07); (Daniel Marsden, Applicant); District 4 - Lockhart; (Kaitlyn Apgar, Senior Planner).
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Agenda Category:
Public Hearing Items
Department/Division:
division
Development Services
body
Authorized By:
Dagmarie Segarra, Deputy Development Services Director
Contact/Phone Number:
Kaitlyn Apgar/407-665-7377
Background:
The Applicant is requesting a Rezone from C-2 (General Commercial) to PD (Planned Development) in order to develop the property with an office and warehouse building. Within the proposed PD, the Applicant is requesting the following permitted uses: general retail sales and services, trades and general office use, and enclosed storage/warehousing space accessory to principal office use.
The property has a Future Land Use designation of Mixed-Use Development (MXD), which allows a maximum Floor Area Ratio (F.A.R.) of 1.0 and supports the use of Planned Development (PD) zoning. The Applicant is proposing an F.A.R. of 0.20, which is within the allowable limit.
The subject property is currently zoned C-2 (Retail Commercial), which permits general retail and office uses, but does not allow warehouse uses. Warehouse uses are only permitted within the C-3 (Heavy Commercial and Very Light Industrial) zoning district, which is restricted to properties with an Industrial Future Land Use designation. Very light industrial uses are a potential development option under the MXD Future Land Use designation pursuant to Future Land Use Policy 4.2.2 (A)(4). To the develop the property as proposed, the Applicant is required to rezone to PD (Planned Development), consistent with Policy 4.2.2(F)(6), as the property is a new development on a non-residentially zoned lot.
The proposed PD zoning will establish new development entitlements to permit a warehouse component accessory to office uses, consistent with the intent of the existing Future Land Use designation of MXD.
The intent of the Mixed-Use Development (MXD) Future Land Use is to encourage compact, walkable development patterns that integrate complementary uses. The site is within walking distance of US Highway 17-92, and the Applicant is proposing a sidewalk connection from the site to the existing sidewalk network along the highway, further supporting pedestrian connectivity in the area.
The Future Land Use and Zoning designations of the surrounding area are as follows:
East: Future Land Use: Mixed-Use Development
Zoning: C-2 (General Commercial)
Florida Department of Transportation (FDOT) maintained Stormwater Pond
West: Wells Avenue- County maintained Local Road
Future Land Use: Low Density Residential and Medium Density Residential
Zoning: R-1A (Single Family Dwelling), R-2 (One and Two Family Dwelling), A-1 (Agriculture)
American Legion establishment and a two-family residence (duplex)
North: Future Land Use: Mixed-Use Development
Zoning: C-2 (General Commercial)
Boat sales establishment
South: Future Land Use: Mixed-Use Development
Zoning: C-2 (General Commercial)
Vacuum and sewing machine repair/sales
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 listed species survey may be required prior to site plan or final engineering approval.
Utilities:
The site is currently located within the City of Casselberry’s water service area, Seminole County’s sewer service area, and outside of any reclaimed water service area. Prior to development, the property will be transferred to Seminole County’s water service area during the final engineering stage to ensure that both water and sewer services are provided by the same utility provider.
The site will be required to connect to Seminole County’s water and sewer systems. Existing infrastructure includes a 6-inch water main along the southeast side of Wells Avenue and a 6-inch gravity sewer lateral stubbed out at the property line along the south side of Division Street. Adequate water and sewer capacity is available to serve the proposed development.
Transportation/Traffic:
The property proposes access onto Division Street, which is classified as a local road. Currently, Division Street does not have improvements programmed in the County 5-year Capital Improvement Program.
Sidewalks:
There are currently no existing sidewalks along Division Street and Wells Avenue. As part of the proposed development, the developer will be required to construct a 5-foot-wide sidewalk along both frontages to enhance pedestrian connectivity and comply with County design standards.
Drainage:
The proposed project is located within the Gee Creek Drainage Basin, which has limited downstream capacity. Accordingly, the site will be required to be designed to retain more than the volumetric difference for the 25-year, 24-hour storm event and to limit post-development discharge rates to levels that do not exceed pre-development conditions, provided a viable outfall is available. If a viable outfall cannot be provided, the site will be required to retain the entire 25-year, 24-hour storm event onsite.
Buffers:
Pursuant to the Seminole County Land Development Code (SCLDC), the proposed development is required to provide ten (10) foot-wide landscape buffers along the north and west portions of the site. However, due to the limited size of the property, the Applicant has applied the provisions of SCLDC Sec. 30.14.11- Constrained site buffers, as approved by the Development Services Director. This section allows a reduction in buffer width where the installation of standard buffers would reduce the developable area of the site by ten (10) percent or more. Accordingly, the Applicant is required to provide five (5) foot-wide buffers along the north and west property lines
The Master Development Plan (MDP) depicts a five (5) foot-wide landscape buffer with a three (3) foot hedge along the north and west perimeters to achieve the required 0.2 opacity. While there is no buffer requirement adjacent to the south of the property line, the applicant is proposing a five (5) foot-wide landscape buffer with an opacity of 0.1 to enhance site aesthetics and compatibility. There is no buffer requirement along the east property line. Final buffer compositions will be established and approved at Final Development Plan.
Open Space:
A minimum of twenty-five (25) percent open space is provided in compliance with the Seminole County Land Development Code (SCLDC) Sec. 30.14.2.2.
Consistency with the Land Development Code
The intent and purpose of the PD (Planned Development) zoning district is to promote flexibility and innovation to meet the needs of County residents and businesses by facilitating innovative design solutions and development plans, 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.
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, provides that in approving a Planned Development, the Board of County Commissioners shall affirm the following:
(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.
Staff Analysis: See full Consistency with the Comprehensive Plan analysis below.
(b) Greater Benefit and Innovation Criteria: 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.
Staff Analysis:
The proposed development is expected to reduce vehicle miles traveled (VMT) per household, as the integration of warehouse and commercial office uses within a single site results in fewer daily vehicle trips, consistent with the Institute of Transportation Engineers (ITE) trip generation data, compared to the same uses developed separately on individually zoned properties.
Additionally, the project provides an innovative development concept that combines retail commercial and office uses with accessory warehousing to support the principal operations within the building. The site integrates the pedestrian-oriented design of the MXD Future Land Use designation and complies with Land Development Code provisions for bicycle parking, thereby promoting multimodal connectivity and accessibility to the site.
(c) In addition, any proposed development under the PD (Planned Development) 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.
Staff Analysis:
The proposed project is proposing to exceed buffer requirements. The Applicant has applied the provisions of SCLDC Sec. 30.14.11- Constrained site buffers in order to achieve required buffers along the north and west property lines. While there is no buffer requirement adjacent to the south property line, the applicant is proposing a five (5) foot-wide landscape buffer with an opacity of 0.1, which will exceed the landscape buffer code requirements.
2. Minimize transportation impacts through design elements, which may include, but are not limited to multimodal 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 Analysis:
The Applicant is proposing bicycle parking in accordance with the SCLDC and must provide pedestrian connectivity to the existing sidewalk along US Hwy 17-92.
(d) The PD application shall include a narrative addressing the following:
(1) How the proposed development addresses the goals of the Comprehensive Plan.
(2) Why the proposed development cannot be achieved under an existing conventional or special zoning district.
(3) How does the proposed development provide an innovative approach to land development.
(4) A description of benefits to the County that cannot be achieved under the existing provisions of this Code.
Staff Analysis:
The Applicant has provided a narrative addressing the requirements of this section. This narrative is provided in the agenda packet.
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, lighting, and building heights.
The proposed PD (Planned Development) zoning classification together with the associated Master Development Plan (MDP) and Development Order (DO), appropriately addresses compatibility with the surrounding development pattern. The proposed PD establishes specific uses, defines maximum building height, and provides adequate buffering to ensure compatibility with the adjacent properties. In addition, any proposed lighting will be required to comply with the standards of the SCLDC. The PD proposes a maximum F.A.R. of 1.0, which is consistent with the MXD Future Land Use designation’s maximum allowable F.A.R. for non-residential uses.
Pursuant to Policy FLU 4.2.2 (A)(4), new single-use non-residential development, including commercial office and very light industrial uses, are permitted on parcels smaller than six (6) acres. The subject property area is 0.47 acres, which meets this criterion.
In accordance with Policy FLU Policy 4.2.2 (F)(3), the Mixed-Use Development Future Land Use places emphasis on walkability. The proposed building façade is oriented to the west to provide direct pedestrian access and a sidewalk connection to the existing sidewalk network along US Highway 17-92, consistent with the intent to promote a walkable, connected development pattern.
Staff finds the proposed PD (Planned Development) zoning classification to be consistent with the Comprehensive Plan.
In compliance with Seminole County Land Development Code Sec. 30.49 - Community Meeting Procedure, the Applicant conducted a community meeting on September 9, 2025; details of the community meeting have been provided in the agenda package.
Requested Action:
Staff requests the Planning and Zoning Commission recommend the Board of County Commissioners adopt the Ordinance enacting a Rezone from C-2 (General Commercial) to PD (Planned Development) 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 meets the identified portions of the Seminole County Land Development Code and recommends the Board adopt the requested Rezone from C-2 (Retail Commercial) to PD (Planned Development), and approve the associated Development Order and Master Development Plan.