Title:
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Henderson Hill Rezone - Consider a Rezone from A-1 (Agriculture) to C-1 (Retail Commercial) for three (3) restaurants with drive-through service lanes on approximately 4.32 acres, located on the northwest corner of W SR 46 and Henderson Lane; (Z2025-025) (Andrew Hill/Grey Seven LLC, Applicant) District5 - Herr (Annie Sillaway, Principal Planner)
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Agenda Category:
Public Hearing Items
Department/Division:
division
Development Services
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Authorized By:
Mike Rhodes - Development Service Director
Contact/Phone Number:
Annie Sillaway/407-665-7936
Background:
The Applicant requests a rezoning of the subject property from A-1 (Agriculture) to C-1 (Retail Commercial) to allow development in accordance with the C-1 zoning district, which permits uses including, but not limited to, banks, convenience stores, and restaurants. The Applicant proposes to develop the property with three (3) restaurants, each with a drive-through lane, and does not intend to subdivide the property into separate parcels.
The subject property has an existing Future Land Use of Commercial, which allows a maximum Floor Area Ratio (F.A.R.) of 0.35. The intent of the Commercial land use designation is to identify appropriate locations for a variety of commercial uses including neighborhood and community shopping centers, convenience stores, retail sales, highway oriented commercial, and other commercial services. This land use should be located at the intersections of major roadways and along major roadways as infill development where this use is established.
The Future Land Use and zoning designations of the surrounding area are as follows:
East: Henderson Lane
Future Land Use: Office
Zoning: A-1 (Agriculture)
West: Future Land Use: Commercial
Zoning: C-1 (Retail Commercial)
North: Future Land Use: Low Density Residential
Zoning: R-1A (Single Family Dwelling)
South: State Road 46
Future Land Use: Office
Zoning: OP (Office)
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 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 at time of site plan review.
Utilities:
The site is located within the Seminole County utility service area and will be required to connect to public utilities for water and sewer. Adequate capacity is available to serve the proposed development.
Transportation/Traffic:
The Applicant proposes access via Henderson Lane, which is classified as a local road, with a cross-access connection extending west through the existing commercial plaza. A full traffic study and cross access easement agreement will be required at the time of site plan review. Depending on the traffic generated, a signal warrant analysis may also be required.
Sidewalks:
There is an existing sidewalk along SR 46.
Drainage:
The proposed project is located within the Lake Monroe Drainage Basin, which appears to be land locked in this area; therefore, the site’s design will be required to hold water quality, and the entire volume for the 100 year, twenty-four (24) hour storm event onsite unless a positive legal outfall is determined.
Open Space:
The Developer will be required to provide twenty-five (25) percent open space in compliance with the Seminole County Land Development Code. This requirement must be demonstrated at the time of site plan review.
Buffers:
The proposed development shall comply with the Seminole County Land Development Code. The southern portion of the site shall maintain a minimum twenty-five (25) foot landscape buffer, as required for properties located within the SR 46 Gateway Corridor.
Consistency with the Land Development Code
The proposed C-1 (Retail Commercial) zoning designation has been evaluated for compatibility with the Land Development Code of Seminole County in accordance with Chapter 30, Part 4.
The request is consistent with the Seminole County Land Development Code and the surrounding area. The proposed development supports the objectives of the C-1 zoning designation, which is composed of lands and structures used primarily to provide for the retailing of commodities and furnishing selected services. It is intended to permit and encourage a full range of essential commercial uses, while at the same time protecting nearby residential properties from any possible adverse effects of commercial activity. The Developer will provide the required open space and adequate landscape buffers to be consistant with the residential district to the north.
Staff finds the requested C-1 zoning classification to be consistent with the Land Development Code and compatible with the trend of development in the area.
Consistency with the Comprehensive Plan
The purpose and intent of the Commercial Future Land Use is to identify locations for a variety of commercial uses including neighborhood and community shopping centers, convenience stores, retail sales, highway oriented commercial, and other commercial services. This land use should be located at the intersections of major roadways and along major roadways as infill development where this use is established. The maximum intensity permitted in this designation is a 0.35 floor area ratio.
The proposed C-1 zoning classification is consistent with the established development pattern along SR 46, which includes a mix of retail uses, a grocery store, and fast-food establishments. The request is also compatible with the zoning designation of the properties located to the west of the subject site, which allow similar C-1 uses. Furthermore, the proposed zoning aligns with the intent and allowable intensity of the Commercial Future Land Use category by supporting comparable commercial activities and providing a transition of less intensive uses between the residential neighborhood to the north.
Staff finds the proposed C-1 zoning classification to be consistent with the Comprehensive Plan.
Community Meeting
In compliance with Seminole County Land Development Code Sec. 30.49 - Community Meeting Procedure, the Applicant conducted a community meeting on February 26, 2026; details of the community meeting have been provided in the agenda package.
Planning & Zoning Commission
The Planning and Zoning Commission met on May 6, 2026, and voted unanimously to recommend the Board of County Commissioners adopt the Ordinance enacting a Rezone from A-1 (Agriculture) to C-1 (Retail Commercial) on approximately 4.32 acres, located on the northwest corner of W SR 46 and Henderson Lane.
Requested Action:
Staff requests the Board of County Commissioners adopt the Ordinance enacting a Rezone from A-1 (Agriculture) to C-1 (Retail Commercial) as per the following motion:
Based on Staff’s findings and the testimony and evidence received at the hearing, the Board finds the request is consistent with the Comprehensive Plan and meets the applicable portions of the Land Development Code, and moves to adopt the Ordinance enacting a rezone from A-1 (Agriculture) to C-1 (Retail Commercial) on approximately 4.32 acres, located on the northwest corner of W SR 46 and Henderson Lane.