Title:
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5080 Wayside Drive Special Exception - Consider a Special Exception to allow an Assisted Living Facility with twelve (12) residents in the A-1 (Agriculture) district on 1.44 acres, located on the north side of Wayside Drive, west of International Parkway. (Syed Zaidi, Applicant) District5 - Herr (Angi Gates, Planner)
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Division:
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Development Services
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Authorized By:
Rebecca Hammock, Development Services Director
Contact/Phone Number:
Angi Gates/407-665-7465
Background:
The Applicant is requesting Special Exception approval to operate an Assisted Living Facility that will care for twelve (12) non-driving residents located at 5080 Wayside Drive in Sanford, located approximately 1,000 feet west of International Parkway. The subject property is zoned A-1 (Agriculture).
In 1998, the Board of Adjustment approved a Special Exception for an existing Assisted Living Facility to allow an increase in residents from six (6) to a maximum of twelve (12) at the subject property.
The Seminole County Land Development Code Section 30.3.6 provides the following:
“When the use of land under a special exception has been discontinued or abandoned for one hundred eighty (180) days or longer, the use of the land shall revert to the Permitted Uses in the district in which said land is located.”
The 1998 Special Exception expired when the property became vacant for over 180 days some time in 2021. Thus, the current owner is required to apply for a new Special Exception.
The requested use is not detrimental to the area's character and is consistent with the development trend. The surrounding area consists of single-family residential, multi-family apartments, and retail commercial.
The subject property is serviced by Seminole County Water and has a septic system. During site plan approval, the Applicant will have to provide verification from the Health Department that the existing septic tank can accommodate the proposed residents and employees.
In compliance with Seminole County Land Development Code Section 30.3.5 - Community Meeting Procedures, the Applicant conducted a community meeting on October 31, 2023. The agenda package provides details of the meeting.
The Planning & Zoning Commission met on July 10, 2024, and voted unanimously to recommend that the Board of County Commissioners approve a Special Exception to allow an Assisted Living Facility with twelve (12) residents in the A-1 (Agriculture) district on 1.44 acres, located on the north side of Wayside Drive, west of International Parkway. Minutes from the July 10, 2024 meeting are attached.
Staff Findings:
As provided for in Section 30.3.1.5 of the Land Development Code of Seminole County, The Planning and Zoning Commission shall hold a public hearing to consider a proposed special exception and submit in writing its recommendations on the proposed action and if the special exception should be denied or granted with appropriate conditions and safeguards to the Board of County Commissioners for official action. After review of an application and a public hearing thereon, with due public notice, the Board of County Commissioner may allow uses for which a special exception is required; provided, however, that said Board must first decide that the use requested:
IS NOT DETRIMENTAL TO THE CHARACTER OF THE AREA OR NEIGHBORHOOD OR INCONSISTENT WITH TRENDS OF DEVELOPMENT IN THE AREA:
Special Exception approval would allow for a twelve (12) resident Assisted Living Facility. The subject parcel was previously approved for a twelve (12) resident Assisted Living Facility in 1998, named Four Seasons. The existing trend of development in the area is single-family residential, multi-family apartments, and retail commercial. The requested development would be in character with the existing uses surrounding the subject property and compatible with the trend of development in the area.
DOES NOT HAVE AN UNDULY ADVERSE EFFECT ON EXISTING TRAFFIC PATTERNS, MOVEMENTS AND VOLUMES:
The site was previously used as an Assisted Living Facility that cared for twelve (12) residents. The new Assisted Living Facility will also only care for twelve (12) non-driving residents, two (2) staff members on the day shift, and one (1) staff member on the night shift; as such, the Assisted Living Facility is not expected to have an unduly adverse impact on existing traffic patterns, movements, and volumes and is consistent with the historical use of the property.
IS CONSISTENT WITH THE SEMINOLE COUNTY COMPREHENSIVE PLAN:
Assisted Living Facilities are permitted by Special Exception in the A-1 zoning district, which is permitted by Special Exception in the Suburban Estates (SE) future land use designation and is, therefore, consistent with the Seminole County Comprehensive Plan.
Based on the submitted Special Exception Site Plan, the proposed use and existing building that has been used in the past as a twelve (12) resident Assisted Living Facility meets the minimum area and dimensional requirements of the A-1 (Agriculture) district.
The subject property is 1.44 acres and is residential in nature. The properties to the north and west are similar in size and are also zoned A-1 (Agriculture). The properties to the east are zoned PD (Planned Development) and have multi-family and commercial uses. The properties on the south side of Wayside Drive are zoned R-1AAA (single-family dwelling) and PD (Planned Development) townhomes; therefore, the impacts on adjacent properties will be minimal.
MEETS ANY ADDITIONAL REQUIREMENTS SPECIFIED IN THE CODE SECTION AUTHORIZING THE USE IN A PARTICULAR ZONING DISTRICT OR CLASSIFICATION:
i. Is consistent with the general zoning plan of the rural zoning classifications; and
ii. Is not highly intensive in nature; and
iii. Is compatible with the concept of low-density rural land use; and
iv. Has access to an adequate level of public services such as sewer, water, police, fire, schools, and related services.
Although the subject property is zoned A-1, it is in an urban area of the County with urban infrastructure such as central water, major roads, and fire protection. The proposed use is not highly intensive in nature since its residents are non-driving.
WILL NOT ADVERSELY AFFECT THE PUBLIC INTEREST:
The Special Exception would allow for an Assisted Living Facility with twelve (12) residents who do not drive. The Applicant is requesting the same number of residents that were previously approved by the Board of Adjustment in 1998. The previous Special Exception was active until approximately 2021. The proposed Special Exception will not cause any adverse traffic issues. Therefore, granting the subject Special Exception will not adversely affect the public interest.
Requested Action:
Staff requests that the Board approve the Special Exception and associated Development Order for an Assisted Living Facility with no more than twelve (12) residents in the A-1 zoning district on 1.44 acres, located on the north side of Wayside Drive, west of International Parkway.