The Applicant is requesting a rezone to C-2 (Retail Commercial) in order to develop the subject property as a pet resort and kennel. The C-2 (Retail Commercial) zoning classification allows kennels as a permitted use per Sec. 30.762(m) of the Seminole County Land Development Code. The Applicant is not proposing any external dog runs and the animals will be let outside on the northeast side of the property, which is directly behind the existing building and adjacent to commercial uses on US 17-92.
The property is currently zoned with R-1 (Single Family Dwelling), A-1 (Agriculture), and C-1 (Retail Commercial), with Future Land Use designations of Mixed Development (MXD) and Commercial (COM). The intent of these future land use designations is to allow for mixed commercial uses, such as retail and office, and rezoning this property brings it further into compliance with this intent.
The Future Land Use and zoning designation of the surrounding area is as follows:
· East – Mixed Development and C-2 (Retail Commercial)
· West – Commercial and OP (Office)
· North – Across O’Brien Road Office and RP (Residential Professional)
· South – Mixed Development and R-1 (Single Family Residential)
Site Analysis
Floodplain Impacts:
Based on FIRM map with an effective date of 2007, the property appears to be completely within the floodplain. If any site improvements are proposed the floodplain will need to be addressed at Final Site Plan.
Wetland Impacts:
Based on preliminary aerial photo and County wetland map analysis, there appears to be wetlands on the subject property. If applicable, a topographic survey showing wetland and floodplain delineations will be required at Final Site 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 will be required prior to Final Site Plan.
Utilities:
The site is located in the Seminole County utility service area for water. The site will utilize septic and any changes to use will require evaluation of the septic system by the Health Department.
Transportation/Traffic:
The property proposes access onto Jaffa Drive, which is classified as a local road and does not have improvements programmed in the County 5-year Capital Improvement Program.
Sidewalks:
There is an existing five-foot (5’) sidewalk along O’Brien Road. There is no existing sidewalk along Jaffa Drive. The developer will be required to build a five-foot (5’) sidewalk along Jaffa Drive.
Drainage:
The proposed project is located within the Gee Creek Drainage Basin and has limited downstream capacity; therefore, if additional impervious area is proposed the site will have to be designed to hold the 100-year total retention for all new impervious area.
Buffers:
Buffers and Open Space requirements will be determined at Final Site Plan approval and will be in compliance with the Seminole County Land Development Code.
Consistency with the Land Development Code
The proposed C-2 (Retail Commercial) zoning designation has been evaluated for compatibility with the Land Development Code of Seminole County in accordance with Chapter 30, Part 41.
The subject property currently has A-1 (Agriculture), R-1 (Single Family Dwelling), and C-1 (Retail Commercial) zoning designations. To the south of the subject property is R-1 (Single Family Dwelling) zoning; however, this property is currently being utilized as a stormwater pond. To the west of the subject property is OP (Office Professional), and to the north is an existing C-1 (Retail Commercial) use, and across O’Brien Road is R-1 (Single Family Dwelling) and RP (Residential Professional), which creates a transition from the lower density single family to the proposed C-2 (Retail Commercial) development.
Directly to the east of the subject property is C-2 (Retail Commercial) zoning. The requested C-2 zoning and the uses allowed within C-2 are compatible with the surrounding area, which has several commercial developments along O'Brien Road, including mechanical garages, offices, and retail commercial.
The request is consistent with the Land Development Code of Seminole County and the surrounding area. Staff finds the requested C-2 zoning classification to be consistent with the Comprehensive plan and compatible with the trend of development in the area.
Consistency with the Comprehensive Plan
The proposed C-2 (Retail Commercial) zoning classification is compatible with the surrounding trend of development in the area, which is primarily office, commercial, mixed uses, and residential professional. The requested rezone from R-1 (Single Family Residential), A-1 (Agriculture), and C-1 (Retail Commercial) to C-2 (Retail Commercial) creates consistency with the Future Land Use Designation of COM (Commercial) and MXD (Mixed Development) by bringing the inconsistent zoning classifications into compliance with the Comprehensive Plan.
The Future Land Use designations surrounding the property and in the immediate area are Mixed Use (MXD), Commercial (COM), Industrial (IND), and Office (OFF). Across O’Brien Road to the north, the Future Land Use transitions from Low Density Residential to Office, with Commercial, Industrial, and Mixed Use where the subject property is located and towards the O’Brien Road and US 17-92 intersection.
Staff finds the requested C-2 zoning classification to be consistent with the Comprehensive Plan and compatible with the trend of development in the area.
Planning & Zoning Commission
The Planning and Zoning Commission met on June 5, 2019, and voted unanimously to recommend the Board of County Commissioners adopt the Ordinance enacting a Rezone from R-1 (Single Family Dwelling), A-1 (Agriculture), and C-1 (Retail Commercial) to C-2 (Retail Commercial) for 1.37 acres, located south of the O’Brien Road and Jaffa Drive intersection.