Title:
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Winter Springs Dunkin PD Major Amendment Rezone - Consider a Rezone from PD (Planned Development) to PD (Planned Development) for a restaurant with a drive-through facility on approximately 0.51 acres, located on the northeast corner of Red Bug Lake Road and Dodd Road; (Z2024-019) (Brian Forster, Applicant) District 2 - Zembower (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 PD Major Amendment Rezone from PD (Planned Development) to PD (Planned Development) for the purpose of adding the use of a drive-through facility in conjunction with a restaurant to the existing PD entitlements for the subject 0.51 acre parcel only. The parcel is described as Lot 3 of the Wal-Mart Neighborhood Market at Red Bug Village Plat, recorded in Plat Book 63, Pages 24 through 27 of the Public Records of Seminole County, Florida (“Subject Property”). The site was previously developed as a bank with a drive-through facility, which is permitted under the ZOM Development Inc., Red Bug Lake Road Planned Development (“Existing PD”). However, the Applicant proposes to redevelop the existing site from a bank to a Dunkin Donuts restaurant with a drive-through, which is currently not permitted under the existing entitlements.
The Subject Property is located in Commercial Tract 2 (North Parcel) of the Existing PD. The Existing PD is approximately fifty (50) acres in total and consists of a mix of uses, including multi-family, office, and C-1 (Retail Commercial) uses. The current request only pertains to the Subject Property and not the entirety of Commercial Tract 2 of the Existing PD. The Development Order approved on December 16, 1997, specifies that all restaurants are to be “sit down facilities”, thus the request is to modify the PD to allow for a drive-through establishment in conjunction with a restaurant, specific to the Subject Property within Commercial Tract 2. This PD Amendment also proposes to modify the operating hours of the restaurant on the Subject Property, which is currently restricted to 7:00 a.m. - 11:00 p.m.; the applicant proposes operational hours between 5:00 a.m. - 11:00 p.m.
The Development Order (DO) stating basic requirements and entitlements was approved on December 16, 1997. The Developer’s Commitment Agreement (DCA) stating the land use and development standards, as well as additional conditions of development, was originally approved on August 11, 1998. The DO specifies restaurants to be “sit-down facilities”. The DCA was modified on January 8, 2002, and approved by the Board of County Commissioners, to change the land uses within Commercial Tract 2 to allow permitted and conditional uses within the C-1 (Retail Commercial) zoning district excluding funeral homes, furniture stores, hardware stores, gasoline pumps, living quarters in conjunction with a commercial use, and self-service laundries. The DCA modification also prohibited drive-thru business with the exception of pharmacies or banking facilities.
During the Board of County Commissioner’s meeting on December 16, 1997, surrounding residents expressed opposition to drive-through restaurants, advocating for a prohibition on drive-thru restaurants in favor of sit-down establishments.
The Subject Property has a Planned Development Future Land Use designation, which does not establish a maximum Floor Area Ratio (FAR) for commercial entitlements. The PD does; however, include square footage parameters for the development. The maximum allowable building square footage for the entirety of Commercial Tract 2 is 70,000 square feet. The existing structure is approximately 2,550 square feet and is in compliance with the maximum allowable square footage within the PD.
The Future Land Use and zoning designations of the surrounding area are as follows:
East: Future Land Use: Planned Development
Zoning: PD (Planned Development) known as the ZOM Development Inc., Red Bug Lake Road PD.
West: Dodd Road
Future Land Use: Planned Development
Zoning: PD (Planned Development) known as the Brentwood PD with a maximum allowable density of 4.4 dwelling units per acre.
North: Future Land Use: Planned Development
Zoning: PD (Planned Development) known as the ZOM Development Inc., Red Bug Lake Road PD
South: Red Bug Lake Road
Future Land Use: Planned Development
Zoning: PD (Planned Development) known as the Dodd Road
Townhomes PD with a maximum density: 7.79 dwelling units
per acre
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 floodplain.
Wetland Impacts:
Based on preliminary aerial photo and County wetland map analysis, there does not appear to be wetlands on the subject site.
Endangered and Threatened Wildlife:
The site is fully developed; therefore, a listed species survey will not be required.
Utilities:
The site is located in Seminole County’s utility service area and is currently connected to water and sewer. Reclaim is currently not available.
Transportation/Traffic:
The subject site is part of an existing shopping center and has access onto Dodd Road and Red Bug Lake Road via a shared access agreement. Dodd Road and Red Bug Lake Road do not have improvements programmed in the County’s five (5) year Capital Improvement Program. The Applicant has provided shared parking agreements for the use of parking spaces on the adjacent property.
Sidewalks:
There are existing sidewalks along Dodd Road and Red Bug Lake Road; therefore, sidewalks are not required.
Drainage:
The proposed project is located within the Howell Creek Drainage Basin. The site is part of a master drainage system; thus, no additional stormwater improvements are required.
Buffers:
Buffers requirements will be determined at Site Plan approval and will be in compliance with the Seminole County Land Development Code and the DCA. The previously approved Existing PD requires compliance with the Lake Mary Boulevard Gateway Corridor Overlay standards, except as noted within the most recent approved Developer’s Commitment Agreement. The proposed project will be required to provide a fifteen (15) foot wide buffer to the south abutting Red Bug Lake Road. The overlay also provides for more intense parking lot landscaping. Dodd Road is considered a collector road, which requires a fifteen (15) foot landscape buffer based on the intensity of the project in accordance with the Seminole County Land Development Code.
Open Space:
Thirty (30) percent open space will be provided on the subject site as required per the most recent approved Developer’s Commitment Agreement.
Consistency with the Land Development Code
The proposed PD Amendment and the associated Master Development Plan have been evaluated for compatibility with the Seminole County Land Development (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:
(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. Comprehensive Plan consistency is more further discussed below.
(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.
• The proposed redevelopment meets the greater benefit and innovation criteria in that it provides a community amenity. The contribution of development to this commercial node is aimed to serve the large residential populations surrounding the area. The proposed development is in close proximity to the multi-family component of the subject PD to the north, multi-family development to the west and single-family developments to the north and east, thus providing higher opportunity for pedestrian accessibility to the site.
• The proposed development is also providing bicycle parking which contributes to the multi-modal transportation intent of PD zoning. There are additional retail commercial uses to the south and inside the existing plaza within the Existing PD.
(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.
• The overall PD provided the required twenty-five (25) percent of open space, with Commercial Tract 2 of the north parcel providing thirty (30) percent open space. The PD also provided greater landscaping standards in accordance with the Lake Mary Boulevard Gateway Overlay.
(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.
• The proposed redevelopment provided bicycle parking and intends to preserve existing sidewalks.
• The proposed redevelopment will maintain shared access with the adjacent parcel.
Staff Findings
The request is consistent with the SCLDC and the surrounding trend of development in the area. There exists both a fast-food drive through restaurant and drive-through ice cream establishment within approximately a half of a mile of the proposed site to the east. The proposed project supports the objectives of the PD zoning designation in that it does not waiver from the previously approved conditions of the PD including open space percentage, adequate buffering from Red Bug Lake Road and Dodd Road, established building setbacks, and maximum building height. The buffer and landscape requirements per the approved conditions of the Existing PD also include standards set forth in the Lake Mary Boulevard Gateway Corridor Overlay. The intent of this overlay is to provide a well landscaped, scenic gateway, enhance/maintain property values, prevent visual pollution, and otherwise preserve natural features while allowing existing uses/buildings. The proposed drive-through facility will be held to these commitments, as applicable, and in addition to any other relevant conditions of the Existing PD.
The request is consistent with the Seminole County Land Development Code and the surrounding area. The proposed project supports the objectives of the PD zoning designation in that it provides the required thirty (30) percent open space, sufficient buffering to maintain compatibility between the proposed development and adjacent properties, building setbacks and defines permitted uses.
Consistency with the Comprehensive Plan
The purpose and intent of the Planned Development Future Land Use designation is to enable innovative arrangements of land development features that are not possible with the use of standard land use designations and zoning districts. This land use designation provides for a variety of densities and/or intensities arranged within a development site to encourage flexible and creative site design.
Staff Findings
The proposed PD (Planned Development) Zoning classification is compatible with the general trend of development in the areas along Red Bug Lake Road, which consists primarily of commercial establishments. The Master Development Plan demonstrates adequate buffering along the perimeter of the Subject Property and provides limited hours of operation. The adjacent surrounding properties include multi-family development to the north of Commercial Tract 2, a fire station and church to the east of Commercial Tract 2, and multi-family development to the west across Dodd Road. Commercial and other nonresidential uses within mixed-use developments are encouraged to be placed in locations that will provide convenient vehicular, pedestrian and bicycle access for residents of the planned development community, demonstrate internal trip capture within the planned development community, and minimize the impact of commercial uses on adjacent and surrounding communities. The close proximity of the residential components to the north and west increase accessibility of the subject site and allow for the commercial development to serve the greater community in an effective manner by providing increased availability of pedestrian-based opportunities of ingress/egress.
Staff finds the existing Planned Development Future Land Use designation and 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 December 4, 2024; details of the community meeting have been provided in the agenda package.
Planning and Zoning Commission
The Planning and Zoning Commission met on March 5, 2025, and voted unanimously to recommend the Board of County Commissioners adopt the Ordinance enacting a Rezone from PD (Planned Development) to PD (Planned Development) and approve the associated Master Development Plan and Development Order. The minutes of this meeting are included in the agenda package.
Requested Action:
Staff requests the Board adopt the Ordinance enacting a Rezone from PD (Planned Development) to PD (Planned Development) for a restaurant with a drive-through facility as per the following:
1. Based on Staff’s findings and the testimony and evidence received at the hearing, the Board finds the request meets the identified portions of the Seminole County Land Development Code and moves to adopt the Rezone from PD (Planned Development) to PD (Planned Development), and associated Development Order and Master Development Plan.