Title:
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995 Miller Drive Special Exception - Consider a Special Exception for an outdoor recreational area at an existing warehouse in the M-1 zoning district on 6.8 acres, located on the west side of Miller Drive, south of North Street; BS2023-06 (320 Mac Investments LLC, Applicant) District4 - Lockhart (Hilary Padin, Project Manager)
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Department/Division:
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Development Services - Planning and Development
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Authorized By:
Dale Hall, Planning & Development Manager
Contact/Phone Number:
Hilary Padin (407) 665-7331
Background:
The Applicant requests to construct an outdoor recreational area at an existing industrial warehouse site for use by the property owners, employees and their families.
The property is approximately 6.8 acres with a warehouse on the eastern side. The western vacant side of the parcel is the proposed location for the two (2) concrete slabs for the outdoor recreational area.
The first slab will be utilized as a handball court and will be approximately eighty (80) feet by fifty-two (52) feet with a concrete wall erected along the middle of it. The wall will be forty-three (43) feet wide, sixteen (16) feet tall and eight (8) inches thick. The slab will be constructed approximately thirteen (13) feet from the north property line.
The second slab will be used for a basketball court and picnic area. It will be located fifteen and one-half (15.5) feet east from the handball court slab and will be approximately seventy (70) feet by fifty (50) feet. It will be constructed approximately twenty-five (25) feet from the north property line.
The hours of operation for the recreational area will be dawn to dusk, seven (7) days a week, therefore wired lighting will not be utilized.
A site plan will be required showing compliance with the Land Development Code and all other applicable code requirements upon approval of this Special Exception.
The property will be required to provide a retention area for the new impervious site.
In compliance with Seminole County Land Development Code Section 30.3.5 - Community meeting procedure, the Applicant conducted a community meeting on October 2, 2024.
Staff Findings:
As provided for in Section 30.3.1.5(a) of the Seminole County Land Development Code, the Planning and Zoning Commission shall hold a public hearing or 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 Commissioners may allow uses for which a special exception is required; provided, however, that said Board must first determine that the use requested:
1. IS NOT DETRIMENTAL TO THE CHARACTER OF THE AREA OR NEIGHBORHOOD OR INCONSISTENT WITH TRENDS OF DEVELOPMENT IN THE AREA:
The property currently shares all property lines with other industrial properties, where outdoor noise and concrete slabs are to be expected. There is a single-family residential development to the southwestern side of the property with the closest residence being over 400 feet from the closest part of the proposed recreational area. There is a buffer of mature trees between the proposed area and the residential area. Recreational areas are also commonplace in residential areas for their residents. Therefore, the recreational area would be in character with the existing uses and compatible with the trend of development in the area.
2. DOES NOT HAVE AN UNDULY ADVERSE EFFECT ON EXISTING TRAFFIC PATTERNS, MOVEMENTS AND VOLUMES:
The site is currently at the end of a private road of an existing industrial area. The recreational area would be for use by the current staff of the existing warehouse on the property and would not increase traffic onto the roadways and cause an unduly effect on existing traffic patterns, movements and volumes.
3. IS CONSISTENT WITH THE COUNTY’S COMPREHENSIVE PLAN:
The subject property has a Future Land Use designation of Industrial (IND). Pursuant to the Seminole County Comprehensive Plan, the purpose and intent of this designation is to identify locations for a variety of heavy commercial and industrial land uses oriented towards wholesale distribution, storage, manufacturing, and other industrial uses. This land use should be located with direct access to rail systems, collector, and arterial roadways, and as infill development where this use is established. The request has been reviewed for consistency with the Comprehensive Plan and staff has not found there to be conflict between the requested Special Exception and the Plan. The subject property is not located within any of the County’s protection areas and the proposed use is compatible with the Industrial (IND) Future Land Use designation. Further, the proposed project will be limited to 0.65 floor area ratio, and therefore, is consistent with the Seminole County Comprehensive Plan.
4. WILL NOT ADVERSELY AFFECT THE PUBLIC INTEREST:
Within in the M-1 zoning district, a recreational area as an accessory use to the warehouse is not out of character with the surrounding area. The parcel is 6.8 acres with a 5,000 square foot warehouse and the recreational area would only be utilized by the owners, employees and their families as required by the Special Exception and therefore, would not adversely affect the public interest.
Requested Action:
Staff requests the Board of Commissioners approve the Special Exception for an outdoor recreational area at an existing warehouse in the M-1 zoning district on 6.8 acres with the following conditions:
a. The Special Exception granted applies only to the outdoor recreational area as depicted on the Special Exception Site Plan.
b. The layout of the proposed uses must be substantially consistent with that which is depicted on the Special Exception Site Plan, attached to the Development Order as Exhibit A.
c. Prior to the issuance of development permits, a final Site Plan that meets the requirements of all other applicable code requirements, including Chapter 40 of the Land Development Code, must be approved.
d. This Development Order will expire one (1) year after approval unless a development permit based upon and incorporating the Special Exception is obtained within the one (1) year period. One six (6) month extension may be granted by the Board of County Commissioners.
e. The outdoor recreational area is only for use by the property owners, employees of the warehouse and their families.
f. The outdoor recreational area will only be used from dawn to dusk, seven (7) days a week.
g. There will not be any site lighting for the outdoor recreational area.
h. The concrete slabs cannot be increased in size, nor can any additional impervious be added to the site, without Board of County Commissioner approval.