Title:
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Nikolic Home Small Scale Future Land Use Map Amendment- Consider a Small Scale Future Land Use Map Amendment from Public, Quasi-Public to Suburban Estates to construct a single family dwelling on approximately 2.6 acres, located on the west side of Markham Woods Road, south of Markham Road; (12.24SS02) (Lonnie Groot, Applicant) District 5 - Herr (Kaitlyn Apgar, Senior 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 Public-Quasi Public to Suburban Estates in order to develop a single-family residence on the property. The requested Suburban Estates Future Land Use allows a maximum density of one (1) dwelling unit per net buildable acre. The existing A-1 (Agriculture) Zoning classification requires a minimum lot size of one (1) acre and permits single-family residential uses; the A-1 Zoning classification is supported under the proposed Suburban Estates Future Land Use designation, and therefore, a rezoning is not needed.
The intent of the existing Public, Quasi-Public Future Land Use designation is to provide appropriate locations for public and quasi-public uses such as schools, cemeteries, safety facilities, and transportation facilities; residential uses are not permitted. The Applicant proposes to develop the site as a single-family residence, necessitating the need for a Future Land Use Map Amendment to Suburban Estates. Suburban Estates allows for single-family residences on a minimum of one (1) acre, general rural uses, houses of worship, and other special exception uses as per the zoning district.
The subject property is currently vacant and adjacent to an existing historical cemetery known as the Pinnie Grove Cemetery (aka New Island Lake Cemetery). Due to the historical cemetery being located directly adjacent to the subject site, Staff conducted research to validate that the subject site was not previously utilized or registered as a cemetery. The Property Appraiser’s records noted the subject site previously had a tax assessment of “Cemetery”; however, that assessment was removed in 2012 due to the belief that the site was mistakenly included with the adjacent historic cemetery.
The Future Land Use and zoning designations of the surrounding area are as follows:
East: Future Land Use: Suburban Estates
Zoning: A-1 (Agriculture)
West: Future Land Use: Public-Quasi Public
Zoning: A-1 (Agriculture)
North: Future Land Use: Suburban Estates
Zoning: A-1 (Agriculture)
South: Future Land Use: Suburban Estates
Zoning: A-1 (Agriculture)
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 does not appear to be any 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 located within Seminole County’s utility service area and will be required to connect to public utilities for water and reclaim water. There is a twelve (12) inch water main and a twenty (20) inch reclaim main running along the east side of Markham Woods Road. Water and reclaim capacity are available to service the proposed development. Sanitary sewer connection is not readily available to the subject property; therefore, the site may utilize an enhanced nutrient reducing onsite septic system for wastewater.
Transportation/Traffic:
The property proposes access onto Markham Woods Road, which is classified as an Urban Major Collector. Markham Woods Road is currently operating at a level-of-service “B” and does not have improvements programmed in the County’s five (5) year Capital Improvement Program.
Sidewalks:
There is an existing sidewalk along Markham Woods Road; therefore, the addition of a sidewalk will not be required.
Drainage:
The proposed project is located within the Yankee Lake Drainage Basin. Due to the nature of the Small-Scale Land Use amendment, drainage will be addressed at the time of development permit.
Buffers and Open Space:
Landscape Buffers and Open Space are not a requirement in the A-1 (Agriculture) zoning district.
GPR (Ground Penetrating Radar) Report and Supplemental Document Evaluation
The Applicant provided a Ground Penetrating Radar (GPR) Report that was performed on September 30, 2024. There were limitations within the scope of the report including surface obstructions, overgrowth, and various types of debris. These limitations serve as obstructions to complete and accurate radar performance. It is also worth noting that the approximate effective depth of the GPR is six (6) feet. Per the GPR that was performed on areas that were not obstructed, no graves were recovered. There was one spot marked as an “area of concern”. This area of concern was located within the access way of the lot, east of the portion that would be within the building envelope. The building envelope refers to that area in which a structure can be built after building setbacks and applicable buffers are observed. The GPR report is contained within the agenda packet provided for additional review and reference.
To further verify the subject site was not utilized as a cemetery, the Applicant contacted the appropriate state agencies and nonprofit/historical entities. The Florida Department of State, Division of Historical Resources, provided a response indicating that no previously recorded historic resources were identified within the area, including the Pinnie Grove Cemetery, and noted that a cultural resource survey had not been conducted in the area since 2001. Per Florida Statute Chapter 267.021, a historic resource is defined as “any prehistoric or historic district, site, building, object, or other real or personal property of historical, architectural, or archaeological value, and folklife resources. These properties or resources may include, but are not limited to, monuments, memorials, Indian habitations, ceremonial sites, abandoned settlements, sunken or abandoned ships, engineering works, treasure trove, artifacts, or other objects with intrinsic historical or archaeological value, or any part thereof, relating to the history, government, and culture of the state.” (2024). Other agencies contacted included the Black Cemetery Network and the Seminole County School District. Communication responses between the Applicant and the aforementioned agencies have been included in the agenda package.
Consistency with the Land Development Code
The existing A-1 (Agriculture) zoning designation has been evaluated for compatibility with the proposed Future Land Use designation.
The A-1 zoning classification requires a minimum lot size of one (1) acre with a minimum lot width of 150 feet at building line. The subject property meets this criteria. The permitted uses include single family residential and is consistent with the proposed Future Land Use of Suburban Estates. The trend of development in the area is existing single-family residential development consistent with Suburban Estates Future Land Use.
Consistency with the Comprehensive Plan
The purpose and intent of the proposed Suburban Estates Future Land Use 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 East Rural Area; and to allow existing agricultural operations to continue until developed for other uses. This land use consists primarily of residential development on a minimum of one (1) acre. Uses permitted under this Future Land use includes single family residences on a minimum of one (1) acre, general rural uses, houses of worship, schools, and special exceptions such as cemeteries, adult living facilities, etc. The subject area is not adjacent to the East Rural Area, but is within the Wekiva River Protection Area (WRPA), which has specific applicable policies in the Comprehensive Plan that also must be met.
Per the Seminole County Comprehensive Plan FLU Objective 1.6 Standards of Review - Category 1, Land Use Amendments are evaluated utilizing the following criteria and are addressed as follows:
A. Whether the character of the surrounding area has changed enough to warrant a different land use designation being assigned to the property.
• The surrounding character has become developed over time consistent with the Suburban Estates Future Land Use. The property adjacent to the west has remained a cemetery, but other properties in the vicinity are developed as single-family homes on a minimum of one (1) acre.
B. Whether public facilities and services will be available concurrent with the impacts of development at adopted levels of service.
• Water and reclaim is available to serve the project. Sanitary sewer connection is not readily available to the subject property; therefore, the site may utilize an enhanced nutrient reducing onsite septic system for wastewater in compliance with the Wekiva River Protection Act.
C. Whether the site is suitable for the proposed use and will be able to comply with flood prone regulations, wetland regulations and all other adopted development regulations.
• The site does not appear to contain any wetlands or floodplain but will be evaluated further during the building permit process. The current A-1 zoning is suitable for development of a single-family residence.
D. Whether the proposal adheres to other special provisions of law (e.g., the Wekiva River Protection Act).
• The proposed Future Land Use of Suburban Estates is compatible with other special provisions of law as the request is compliant with the Wekiva River Protection Area (WRPA) in that it limits density and complies with standards set forth in the Wekiva River Protection Act, Chapter 369, Part II of the Florida Statutes. The request is consistent with the Seminole County Comprehensive Plan through Future Land Use Policy 2.2.5 Wekiva and Econlockhatchee River Protection, as this property is subject to all applicable regulations of the WRPA within the Comprehensive Plan in any future development and is compliant with those land use policies as discussed further in this report. This subject parcel is located within the Aquifer Recharge Area and, per Comprehensive Plan policy FLU 2.3.12, shall not exceed sixty (60) percent impervious surface ratio on the property.
E. Whether the proposed future land use is compatible with existing surrounding development and future land uses in accordance with FLU Exhibit: Compatible Transitional Land Uses.
• The existing Future Land Use designations in the surrounding area include Suburban Estates and Public. Suburban Estates and Public are compatible transitional land uses with sensitive site design standards such as transitioning lot sizes, sufficient buffers, limited building heights, unobtrusive uses (per the Comprehensive Plan, uses that are not dump sites, loading areas, or uses that produce excessive amounts of light, odor, or hazardous materials), etc. Public uses support neighborhoods; thus, residential uses are appropriate adjacent to a Public land use. The Future Land Use of Suburban Estates and zoning district of A-1 requires larger lot sizes than other FLU/Zoning districts, which mitigates potential impacts in the transition from Public to Suburban Estates.
F. Whether the proposed use furthers the public interest by providing or enabling the provision of:
• 1.- 6. Not Applicable
7. Whether the proposed land use designation is consistent with other applicable Plan policies and supports and is consistent with the Central Florida Regional Growth Vision, the Strategic Regional Policy Plan, and the State Comprehensive Plan.
The proposed land use designation is consistent with other Comprehensive Plan policies as discussed below.
• The proposed Future Land Use of Suburban Estates is compliant with the WRPA in that the density is restricted and the impact to the area is consistent with the standards of the Wekiva River Protection Act. The proposed development will be low density in nature which is consistent with the proposed Future Land Use of Suburban Estates.
• Policy FLU 2.3.3 Development Form of Land Area within the Wekiva River Protection Area and outside of the East Lake Sylvan Transitional Area. This policy states that the development form of land area within the WRPA (outside of the East Lake Sylvan Transitional Area) is that of one (1) dwelling unit or less per net buildable acre and that those land use designations shall not be amended except to reassign a land use to Suburban Estates for the purpose of developing single family units. This request is compliant with one (1) dwelling unit per net buildable acre density and the intent is to amend the land use to Suburban Estates for the purpose of building a single-family home, thus meeting the policy.
• Per Policy FLU 2.3.8 Wekiva Character Policy, the intent of development of property assigned the Suburban Estates Future Land Use designation is to limit density to one (1) dwelling unit per one (1) net buildable acre. The proposed amendment to Suburban Estates with the intent to develop a single-family home within the maximum density of one (1) net buildable acre per dwelling unit achieves the goal of this policy. The distinction of net buildable acre (the total number of acres within the perimeter boundaries of a development, excluding areas devoted to rights-of-way widths, transmission and power line easements, lakes, and areas defined as wetlands and flood prone areas) in these policies is to ensure the protection and preservation of sensitive habitats adjacent to the Wekiva River.
• The subject property is also located within the Aquifer Recharge Overlay Zoning Classification. In the most effective recharge areas, the maximum area covered by structures and impervious surface shall not exceed 60% for residential uses of the total land area.
Staff finds the proposed Suburban Estates Future Land Use designation 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 March 3, 2025; details of the community meeting have been provided in the agenda package.
Planning & Zoning Commission
The Planning and Zoning Commission met on August 6, 2025, and voted unanimously to recommend the Board of County Commissioners adopt the Ordinance enacting a Small Scale Future Land Use Map Amendment from Public-Quasi Public to Suburban Estates for a proposed single family development on approximately 2.6 acres, located on the west side of Markham Woods Road, south of Markham Road. The P&Z Board minutes from this meeting are attached.
Requested Action:
Staff requests the Board of County Commissioners adopt the Ordinance enacting a Small Scale Future Land Use Map Amendment per the following motion:
1.) Based on Staff’s findings and the testimony and evidence received at the hearing, the Board of County Commissioners finds the request meets the identified portions of the Comprehensive Plan and moves to adopt the requested Small Scale Future Land Use Map Amendment from Public-Quasi Public to Suburban Estates for a proposed single family development on approximately 2.6 acres, located on the west side of Markham Woods Road, south of Markham Road.