SEMINOLE COUNTY, FLORIDA Header Image
File #: 2024-0409   
Category: Public Hearings - Quasi-Judicial Status: Agenda Ready
File created: 3/27/2024 Type: Board of County Commissioners
On agenda: 4/23/2024 Final action:
Title: IOA Properties PD Rezone - Consider the first reading of an Ordinance Rezoning a property from C-1 (Retail Commercial) to PD (Planned Development) on approximately 13.66 acres, located on the north side of W SR 434, east of Interstate 4; (IOA Properties, LLC, Applicant) District3 - Constantine (Rebecca Hammock, Development Services Director) Presented by - Annie Sillaway, Project Manager
Attachments: 1. LOCATION MAP, 2. FLU ZONING MAP, 3. AERIAL, 4. DOGTOPIA NARRATIVE, 5. DEVELOPMENT ORDER, 6. MASTER DEVELOPMENT PLAN, 7. ORDINANCE, 8. COMMUNITY MEETING ADDRESSES, 9. COMMUNITY MEETING MINUTES, 10. COMMUNITY MEETING SIGN IN SHEET, 11. P&Z MINUTES 4.3.24.pdf, 12. OWNER AUTHORIZATION, 13. DENIAL DEVELOPMENT ORDER, 14. 4-23-24 BCC Meeting IOA Properties PD Rezone.pdf

Title:

title

IOA Properties PD Rezone - Consider the first reading of an Ordinance Rezoning a property from C-1 (Retail Commercial) to PD (Planned Development) on approximately 13.66 acres, located on the north side of W SR 434, east of Interstate 4; (IOA Properties, LLC, Applicant) District3 - Constantine (Rebecca Hammock, Development Services Director) Presented by - Annie Sillaway, Project Manager

end

Agenda Category:

Public Hearing Items

Department/Division:

division

Development Services - Planning and Development

body

Authorized By:

Rebecca Hammock, Development Services Director

Contact/Phone Number:

Annie Sillaway/407-665-7936

Background:

The Applicant is requesting approval of a rezone from C-1 (Retail Commercial) to PD (Planned Development) for a developed site that is known as the Longwood Village Shopping Plaza.

There is an existing tenant within the plaza known as “Dogtopia” which provides pet daycare and grooming services. The establishment would like to expand its services to include overnight pet boarding, which is not permitted under the existing C-1 (Retail Commercial) zoning district.

To ensure the use of overnight pet boarding remains compatible with the existing adjacent tenants, the PD Development Order includes conditions requiring that the establishment provide interior soundproofing measures to reduce the noise from their canine clientele; outside kennels will not be permitted.

All other uses at the existing Longwood Village Shopping Plaza will remain unchanged by this request.

The subject property has a Commercial Future Land Use designation which permits the requested PD zoning district.

The Future Land Use and zoning designations of the surrounding area are as follows:

East:                                          Springwood Circle

                                          Future Land Use: Low Density Residential

Zoning: R-1AA (Single Family Dwelling District)

West:                                            Interstate 4 and FDOT Owned Retention Pond

North:                     Future Land Use: High Density Residential

                                          Zoning: R-3A (Multiple Family Dwelling District)

South:                     W SR 434

Site Analysis

Floodplain Impacts:

Based on the FIRM map with an effective date of 2007, there does not appear to be any floodplains on the subject property.

Wetland Impacts:

Based on preliminary aerial photo and County wetland map analysis, there does not appear to be any wetlands on the subject property. 

Utilities:

The site is in the Sunshine Utility Service area and has existing connection to utilities.

 

Transportation/Traffic:

The property currently accesses onto W SR 434, which is classified as an Urban Principal Arterial.  W SR 434 is currently operating at a level-of-service “A-F” depending on direction and time of day and does not have improvements programmed in the Florida Department of Transportation (FDOT) five (5) year Work Program. The addition of the pet boarding is not anticipated to impact the traffic for the shopping center.

Sidewalks:

There is an existing sidewalk along W SR 434.

Drainage:

The proposed project is located within the Little Wekiva Drainage Basin and has limited downstream capacity. The proposed project will not require any additional retention as it is part of an existing master drainage system.

Buffers:

The developed site currently provides a six (6) foot wide buffer along the north property line; a five (5) foot wide buffer along the east property line; a twenty-four (24) foot wide buffer along the west property line and a buffer ranging between five (5) feet and ten (10) feet in width along the south property line adjacent to W SR 434. If an exterior building addition is proposed in the future, the site may be required to provide additional buffer enhancements in accordance with the Seminole County Land Development Code (SCLDC).

Open Space:

The developed site currently does not meet the open space requirements of twenty (20) percent. If redevelopment of the site is proposed in the future, the site will be required to meet the open space requirements in the Seminole County Land Development Code.

Consistency with the Land Development Code

The proposed PD (Planned Development) zoning district and the associated Master Development Plan have been evaluated for compatibility with the SCLDC in accordance with Chapter 30, Part 25.

The site as developed currently meets the objectives of the proposed PD zoning designation as the maximum building height does not exceed thirty (35) feet and there is sufficient buffering between the existing development and the adjacent properties.

The additional use of overnight pet boarding will be internal to the existing establishment and the tenant will be required to provide interior soundproofing to reduce any potential sound pollution. Hours of operation for the pet daycare and grooming services should be restricted to Monday through Sunday from 7:00 a.m. to 7:00 p.m., and overnight boarding hours of operation for staff will be from 5:00 a.m. to 9:00 p.m. Between the hours of 9:00 p.m. to 5:00 a.m. Monday through Sunday, the facility will utilize a monitor alarm system to monitor the boarded pets.  At the time of building permit review for the interior renovation, the Applicant will be required to demonstrate the soundproofing measures required.

Review Criteria for Planned Developments under Sec. 30.443 states, 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.

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. Such greater benefits may include natural resource preservation, urban design, crime prevention, neighborhood/community amenities, or a general level of development quality.

This proposed use of overnight boarding for animals, is providing a neighborhood service in the area. Based on a study done by Allied Market Research, the pet boarding market is expected to reach $35.8 billion in 2031. The growth trend in owning a companion animal such as a dog is gaining popularity, related to factors such as physical and mental health related benefits and improved social status (reference link: <https://www.alliedmarketresearch.com/pet-daycare-market-A10555>). Pet owners send their pets to a professional pet boarding services so that they are certain that their pets are well cared for and supervised while away from home. This type of business is an addition to the existing Dogtopia and would add the service for their existing members to be able to provide overnight services. By allowing this service through the PD process it allows for conditions to be added to the site, such as “soundproofing the interior tenant space” as well as prohibiting any outdoor runs or kennels.

 

Consistency with the Comprehensive Plan

Staff finds the requested Planned Development zoning classification to be consistent with the Comprehensive Plan.

The subject property has a Commercial Future Land Use designation, the purpose and intent of this 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 (F.A.R.).

In compliance with Seminole County Land Development Code Sec. 30.49 - Community Meeting Procedure, the Applicant conducted a community meeting on March 7, 2024; details of the community meeting have been provided in the agenda package.

Planning & Zoning Commission Recommendation

The Planning & Zoning Commission met on April 3, 2024, and voted unanimously to recommend the Board of County Commissioners adopt the request for Rezoning a property from C-1 (Retail Commercial) to PD (Planned Development) on approximately 13.66 acres, located on the north side of W SR 434, east of Interstate 4.

Requested Action:

Staff requests the Board of County Commissioners adopt upon first reading of an Ordinance Rezoning a property from C-1 (Retail Commercial) to PD (Planned Development) and approve the associated Development Order and Master Development Plan on approximately 13.66 acres, located on the north side of W SR 434, east of Interstate 4.

Staff also requests that the Board of County Commissioners make a motion to hold a second reading of the Ordinance on May 14, 2024, starting at 1:30 pm in accordance with Florida Statutes Sec. 125.66, which states that, “the Board of County Commissioners shall hold two advertised public hearings on the proposed ordinance or resolution. At least one hearing shall be held after 5 p.m. on a weekday, unless the board of county commissioners, by a majority plus one vote, elects to conduct that hearing at another time of day”.