Title:
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Sanford Commercial Development PD Rezone - Consider a Rezone from C-2 (General Commercial) to PD (Planned Development) for two (2) restaurants with drive-through facilities on approximately 5.18 acres, located on the north side of E SR 46 approximately 1,500 feet east of I-4; (Z2023-11) (Bryan Shultz, Applicant) District5 - Herr (Annie Sillaway, Senior Planner).
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Department/Division:
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Development Services - Planning and Development
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Authorized By:
Rebecca Hammock
Contact/Phone Number:
Annie Sillaway 407-665-7936
Background:
The Applicant is requesting a Rezone from C-2 (General Commercial) to PD (Planned Development) to allow for C-2 (General Commercial) uses to develop two restaurants with drive-through facilities with a maximum building height of thirty-five (35) feet. The subject property has a Future Land Use designation of Higher Intensity Planned Development Target Industry (HIP-TI) which allows a maximum Floor Area Ratio (F.A.R.) of 1.5. The PD proposes C-2 (General Commercial) permitted uses, which would allow such uses as restaurants with drive-through facilities, medical and dental clinics, and office uses.
Per Seminole County Comprehensive Plan Policy FLU 4.5.1, new development under the HIP-TI Future Land Use designation requires a rezone to PD (Planned Development) for the purpose of applying performance standards to ensure compatibility with adjacent land uses and consistency with the HIP-TI uses. Per Policy FLU-4.5.3, small free-standing single or multi-use commercial operations are permitted along major collector and arterial roads on properties with the HIP-TI Future Land Use designation when commercial uses are the predominant existing use along the roadway in both directions from the project site.
The subject property is within the SR 46 Gateway Corridor Overlay District. The purpose and intent of the overlay is to provide uniform design standards to establish high quality and well landscaped development, prevent visual pollution from uncoordinated uses, and maximize traffic circulation functions from the standpoint of safety, roadway capacity, and vehicular and non-vehicular movements. The Applicant is proposing to meet all requirements within the Overlay District such as, but not limited to, providing a twenty-five (25) foot wide landscape buffer adjacent to SR 46, providing a fifty (50) foot building setback, adhering to a maximum building height of thirty-five (35) feet, and complying with all signage, lighting, and landscaping requirements.
Under the proposed PD zoning district, the Applicant is requesting a waiver from the Seminole County Land Development Code (SCLDC) for parking stall size. SCLDC Sec. 30.11.6 - Design of off-street parking spaces, requires a minimum of twenty (20) percent of required parking spaces be a minimum stall size of ten (10) feet by twenty (20) feet, allowing up to eighty (80) percent of required spaces to be a minimum stall size of nine (9) feet by eighteen (18) feet. The Applicant proposes all parking spaces to be a minimum stall size of nine (9) feet by eighteen (18) feet.
The Future Land Use and zoning designations of the surrounding area are as follows:
East: Future Land Use: Higher Intensity Planned Development -
Target Industry
Zoning: PD (Planned Development) known as the ZOM Seminole Interstate PD permitting C-2 (General Commercial) uses, with a maximum F.A.R of 0.50.
West: Future Land Use: Commercial and Planned Development
Zoning: C-2 (General Commercial) and PD (Planned Development) known as the Woodspring’s Hotel PD permitting C-2 (General Commercial) uses with a maximum F.A.R. of 0.57.
North: Future Land Use: Commercial
Zoning: M-1A (Very Light Industrial)
South: SR 46
Site Analysis
Floodplain Impacts:
Based on the Flood Insurance Rate Map (FIRM) map, the subject site appears to contain approximately five (5) acres of floodplains on the subject property. A topographic survey showing the floodplain delineation will be required at the time of the Final Development Plan.
Wetland Impacts:
Based on preliminary aerial photo and County wetland map analysis, there appears to be approximately 1.58 acres of wetlands on site. A topographic survey showing the wetland delineation will be required at the time of the Final Development Plan.
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.
Tree Save Area:
Due to compensating storage requirement to mitigate the extensive 100-year floodplain currently on the subject property, any saved trees may fail to thrive. Most trees can only withstand 2-3 inches of mineral fill deposited within the dripline. The extent of how much grading will be placed on the subject site will be determined at the time of Final Engineering, but most areas will likely have 12 inches or more of fill. If trees saved area is provided by the Applicant, it could appear healthy for a year or two, but then quickly decline and pose a threat to the development. Therefore, if approved, this project will not be required to preserve existing trees. The Applicant is required to plant new trees, pay into the arbor fund, or a combination of both the arbor fund and the plant new trees to mitigate for the lost vegetation on site. If the Applicant chooses to save trees, they will have to demonstrate that the driplines will be protected from excessive fill.
Utilities:
The subject property is located within the Seminole County utility service area and capacity is available to service the proposed development. The Developer will be required to connect to water and sewer; reclaim water lines are currently not available to service the development.
Transportation/Traffic:
The property proposes access onto SR 46, which is classified as an Urban Principal Arterial, and is currently operating at a level-of-service “B-F” depending on the direction and time of day. SR 46 does not have improvements programmed in the Florida Department of Transportation (FDOT) five (5) year work program. Cross Access between the proposed development and the adjacent site to the east (ZOM Seminole Interstate Planned Development) will be required at the time of the Final Development Plan.
Sidewalks:
There is no existing sidewalk along SR 46; therefore, the Developer will be required to construct a six (6) foot wide sidewalk along the property frontage adjacent to SR 46.
Drainage:
The proposed project is located within the Lake Monroe Drainage Basin and has limited downstream capacity; therefore, the site will have to be designed to hold water quality and attenuate the rate and volume for the twenty-five (25) year, twenty-four (24) hour storm event onsite.
Buffers:
A twenty-five (25) foot wide buffer will be provided along the south perimeter of the development adjacent to SR 46 in accordance with the SR 46 Gateway Corridor Overlay District. Any additional buffering and buffer components will be determined and established at Final Development Plan.
Open Space:
In compliance with the PD (Planned Development) zoning district development standards, twenty-five (25) percent common usable open space will be provided on the subject site.
Consistency with the Land Development Code
The proposed PD zoning designation and the associated Master Development Plan have been evaluated for compatibility with the Land Development Code of Seminole County in accordance with Chapter 30, Part 8.
Per SCLDC Sec. 30.8.5 - Intent and purpose; The Planned Development (PD) District is intended to promote flexibility and innovation to meet the needs of County residences 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 Comprehensive Plan.
SCLDC Sec. 30.8.5.3 -Review Criteria, sets forth criteria for approving a Planned Development. As further discussed below, the proposed development must be consistent with the Comprehensive Plan and effectively implement the performance criteria contained therein. In addition, it must be determined that the proposed development cannot be reasonably implemented through existing provisions of the Land Development Code, and that the PD zoning would result in greater benefits to the County than development under a conventional zoning district.
Planned Development approvals shall be conditioned upon a Master Development Plan and a written Development Order. Specific criteria for the development may address, but is not limited to, compatibility with surrounding land uses, road access, availability and efficient use of utility capacity, coordination with transit, etc.
Staff has determined that the request is consistent with the surrounding trend of development in the area, would result in a greater benefit to the County, and is consistent with the SCLDC as follows:
• Based on the existing development around the subject site, it is compatible with the surrounding uses of C-2 in the area. Intensity of commercial uses within a Planned Development are measured in terms of Floor Area Ratio (F.A.R.) and shall be consistent with the maximum F.A.R. for the development site established in the Comprehensive Plan. This subject site has an existing F.A.R. of 1.5, based on the existing Future Land Use of HIP-TI.
• The proposed development is in character with what is currently established along this segment of the SR 46 Gateway Corridor, which primarily consists of Commercial, Higher Intensity Planned Development - Target Industry Uses, and Office.
The request is consistent with the Land Development Code of Seminole County and the surrounding area. The proposed project supports the objectives of the PD zoning designation in that it provides the required minimum of twenty-five (25) percent open space, proposes sufficient buffering to maintain compatibility between the proposed development and adjacent properties, proposes a maximum building height and building setbacks, and defines permitted uses.
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, hours of operation, lighting, and building heights.
The purpose and intent of the HIP-TI Future Land Use designation is the identification of sites along the North I-4 Corridor where locational factors and higher land values tend to attract higher intensity development, and services, and facilities that are programmed to accommodate a range of nonresidential employment-oriented uses offering higher paying jobs, and to allow supportive residential uses. The maximum allowable density under the HIP-TI Future Land Use designation is fifty (50) dwelling units per net buildable acre, and the maximum allowable F.A.R. is 1.5.
Under the Seminole County Future Land Use Designations and Allowable Zoning Districts, the Applicant is required to Rezone the subject site to PD (Planned Development) to be compatible with the Future Land Use of HIP-TI. Per Policy FLU-4.5.3, small free-standing single or multi-use commercial operations are permitted along major collector and arterial roads on properties with the HIP-TI Future Land Use designation when commercial uses are the predominant existing use along the roadway in both directions from the project site. Therefore, the proposed commercial development represents infill development and is allowable pursuant to policy FLU-4.5.3.
Staff Findings:
Staff finds that the existing HIP-TI Future Land Use designation with a maximum F.A.R. of 1.5, and the proposed uses of the C-2 (General Commercial) Zoning district is consistent and compatible with the surrounding trend of development in the area.
In compliance with SCLDC Sec. 30.49 (a) - Community meeting Procedure, the Applicant held their first community meeting on May 30, 2024. The community meeting information has been included in the agenda package.
Requested Action:
Staff requests the Board of County Commissioners adopt the Ordinance enacting a Rezone from C-2 (General Commercial) to PD (Planned Development) for two (2) restaurants with drive-through facilities on approximately 5.18 acres, located on the north side of E SR 46 approximately 1,500 feet east of I-4.