Title:
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Pemberton Carports PD Major Amendment Rezone - Consider a Rezone from PD (Planned Development) to PD (Planned Development) to allow for reduced building setbacks and buffer requirements for accessory structures on 0.87 acres, located on the north side of Pemberton Drive, east of South Orange Blossom Trail; (Z2024-014) (Darron Sims, Applicant) District 3 - Constantine (Kaitlyn Apgar, Senior Planner)
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Agenda Category:
Public Hearing Items
Department/Division:
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Development Services
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Authorized By:
Mike Rhodes, Interim 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) to amend the rear yard building setback and buffer requirements as stated in the existing Bear Lake PD entitlements, for the purpose of permitting three (3) accessory structures. The amendment for the rear yard setback and reduced residential buffer requirement is proposed for the subject 0.87-acre property only, described as Lot 11 and Lot 12 of the Orange Blossom Business Center Plat, recorded in Plat Book 50, Page 72, of the Public Records of Seminole County, Florida (“Subject Property”).
The Subject Property is located within the Business Tract of the Bear Lake PD (Planned Development) which was approved by the Board of County Commissioners in 1990 on approximately thirty-seven (37) acres. The Subject Property was developed in 2005 as a warehouse building. The purpose of the PD amendment is to allow for the existence of accessory structures to the warehouse and office building. The owner intends to retain three (3) accessory carport structures that encroach into the rear yard setback of thirty (30) feet, resulting in a proposed rear yard setback is six (6) feet. The carports also encroach into the required 100-foot buffer from the residential lot lines to the north, as established in Condition IV in the Bear Lake PD Developer’s Commitment Agreement, resulting in reduction of this buffer to eighty-six (86) feet. The requested reductions will only apply to the accessory structures on the Subject Property, and will not be applicable to the primary structure.
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 approximations of total paved surfaces at +/- 9.5 acres and total building coverage at +/- 2.64 acres in the Business Center Area. The current approximate value of building coverage, per data extracted from the Property Appraiser’s records, is +/- 2.65 acres. The addition of the carports’ total square footage, 3,195 sq. ft., is not being factored into overall building coverage because the carports are considered not enclosed building space. There is a proposed condition in the Developer’s Commitment Agreement to ensure the carports remain only as open structures and are not enclosed for future use of the structures as buildings. The impervious surface existed prior to the carports, thus no additional paved surface is requested in permitting the carports. In order to establish consistent and measurable standards for future additions or redevelopment, a maximum Floor Area Ratio of 0.65 is proposed in this amendment for the Subject Property. This Floor Area Ratio is typical for light industrial uses, which are permitted per the PD.
The Subject Property has been subject to a code enforcement case relating to unpermitted construction, inclusive of the carports. In the pursuit of compliance, the applicant is pursuing the PD amendment in order to complete permitting of the carports. The owner has conveyed to staff that the carports are currently taken down while pursuing the PD amendment.
The Future Land Use and zoning designations of the surrounding area are as follows:
East: Future Land Use: Planned Development
Zoning: Bear Lake Planned Development (Business Area)
West: Future Land Use: Planned Development
Zoning: Bear Lake Planned Development (Business Area)
North: Future Land Use: Planned Development
Zoning: Bear Lake Planned Development (Residential Area)
South: Pemberton Drive
Future Land Use: Planned Development
Zoning: Bear Lake Planned Development (Business Area)
Site Analysis
Floodplain Impacts:
Based on the Flood Insurance Rate Map (FIRM) with an effective date of 2007, the site does not 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 does not appear to be endangered and threatened wildlife on the subject property.
Utilities:
The site is located in the Seminole County utility service area and is connected to water service. The property was previously approved to have a septic system.
Transportation/Traffic:
The property proposes access onto Pemberton Drive, which is classified as a local road and does not have improvements programmed in the County five (5) year Capital Improvement Program.
Sidewalks:
There is an existing five (5) foot sidewalk along Pemberton Drive, so no sidewalk provisions are necessary.
Drainage:
The proposed project is connected to an existing master drainage system. The carports are constructed over existing impervious.
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.
Open Space:
The site does not have specific open space requirements per lot; however, the PD requires the overall Business Center development to maintain a minimum of 3.14 acres of landscaping/open space.
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 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 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.
(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.
(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.
Staff Findings
The request to amend the rear setback and the otherwise maintained 100-foot buffer from the residential tract does not otherwise detract from the intent of the PD. The Bear Lake PD was approved in August of 1990, which was established under different criteria than existing today. Overall, the amendment to this PD does not impair the PD’s ability or inability to meet these criteria on a large scale. The residential tract for the Bear Lake PD is already constructed and most of the parcels in the business tract are developed. The impact to the surrounding area is nominal overall in building coverage and impervious. Through the proposed addendum, a maximum Floor Area Ratio is proposed in order to regulate the intensity of the site. The maximum Floor Area Ratio proposed Is 0.65 in accordance with typical light industrial uses. The addition of the carports serves to enhance the property and obscure any storage of materials by general business and warehouse businesses, as allowed by the PD.
The Bear Lake PD Business Area permits general business, office/warehouse, distribution, and fabrication. There is not a current tenant at this time, but any use of the property would be required to be consistent with these uses. The amendment of the rear setback and buffer does not affect the permitted uses or any other standard commitments.
The request is consistent with the Seminole County Land Development Code and the surrounding area.
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 area. Majority of the establishments in the Business Tract are categorized as warehouse, distribution, and storage per the Property Appraiser’s stated Department of Revenue codes. The permitting of the carports allows for flexibility in site design and utilization, and does not vary from the approved character of the PD.
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 September 24th, 2025; details of the community meeting have been provided in the agenda package.
Requested Action:
Staff requests the Planning and Zoning Board recommend the Board of County Commissioners adopt the ordinance enacting a Rezone, and adopt the associated Rezone Ordinance per the following motion:
Based on Staff’s findings and the testimony and evidence received at the hearing, the Planning and Zoning Commission finds the request meets the identified portions of the Seminole County Land Development Code and recommends the Board adopt the Ordinance enacting a Rezone from PD (Planned Development) to PD (Planned Development), and approve the associated Developer’s Commitment Agreement and Master Development Plan, on 0.87 acres, located on the north side of Pemberton Dr, east of South Orange Blossom Trl.