Title:
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The Cigar Lounge Special Exception - Consider amending an existing Special Exception for an alcoholic beverage establishment to allow for expansion in the PD (Planned Development) district on 2.29 acres, located on the northwest corner of W. State Road 426 and Via Loma Drive; BS2024-05 (Ryan LaBarre, Applicant) District1 - Dallari (Hilary Padin, Planner)
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Agenda Category:
Public Hearing Items
Department/Division:
division
Development Services
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Authorized By:
Jose Gomez, Development Services Director
Contact/Phone Number:
Hilary Padin/407-665-7331
Background:
The Applicant currently operates an existing cigar lounge in a shopping plaza via a Special Exception approved on October 25, 2010, for on-premise consumption of beer and wine as an accessory use to the tobacco products offered for sale on site. The Applicant is requesting to amend the Special Exception to allow for expansion of the operation into the adjacent unit to continue serving beer and wine.
The cigar lounge has increased from 1,350 square feet to 2,500 square feet in size and seats twenty-five (25) patrons, with no outdoor seating. The hours of operation are currently Monday through Wednesday from 12:30 pm to 9:00 pm, Thursday through Saturday from 12:30 pm to 11:00 pm, and Sunday from 1:00 pm to 8:00 pm.
Section 30.6.6.2(d) of the Seminole County Land Development Code (SCLDC) states that any establishment selling alcoholic beverages for consumption on-premise shall maintain separations from all churches and schools. The cigar lounge meets all separation requirements and will continue to meet these requirements with the proposed expansion.
Staff Findings:
In reviewing Special Exception requests, Section 30.3.1.5(a) of the Seminole County Land Development Code requires that the Planning and Zoning Commission hold a public hearing to consider the proposed Special Exception and submit written recommendations to approve with conditions or deny the request to the Board of County Commissioners for official action. After review of the Special Exception request and a public hearing, the Board of County Commissioners may approve the request if it is determined 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:
Staff Analysis:
The cigar lounge is an existing use within an existing shopping center and has operated under the existing Special Exception approval for fifteen (15) years. Approximately ten (10) years ago, the establishment expanded into the adjacent suite, which had previously operated as a tile shop, and has continued to operate in that configuration since. The Cigar Lounge changed ownership last year which prompted the requirement to amend the alcohol license; during review of the name change for the alcohol license, Staff became aware of the establishment’s expansion. The shopping center also includes a restaurant that serves liquor and other retail commercial uses. Therefore, it is not detrimental to the character or inconsistent with the trend of development of the area as it is an existing use and compatible with other retail uses in the area.
(2) Does not have an unduly adverse effect on existing traffic patterns, movements and volumes:
Staff Analysis:
The establishment is located within an existing shopping center, where traffic calculations have already been performed to support the commercial uses. The site fronts a main thoroughfare, with an entrance from W. State Road 426, and a second entrance from Via Loma Drive and required parking provided onsite; therefore, the alcoholic beverage establishment is not expected to have an unduly adverse effect on existing traffic patterns, movements, and volumes.
(3) Is consistent with the County’s Comprehensive Plan:
Staff Analysis:
The subject property has a Future Land Use (FLU) designation of Higher Intensity Planned Development - Transitional (HIP-TR). Pursuant to the Seminole County Comprehensive Plan, the purpose and intent of this designation is to provide a variety of land uses, development intensities, target industry development and supportive residential uses. This Land Use permits neighborhood and community shopping centers, convenience stores, and retail sales, and supports the existing PD (Planned Development) zoning classification known as the Loma Vista PD, which allows for the use of an alcoholic beverage establishment when approved via the special exception process. Further, the requested Special Exception would not increase the Floor Area Ratio above 0.35, which is the maximum allowed intensity in the HIP-TR Future Land Use; therefore, the request is consistent with the Seminole County Comprehensive Plan.
(4) Will not adversely affect the public interest:
Staff Analysis:
The Loma Vista Planned Development allows uses permitted within the C-1 (Retail Commercial) district, where alcoholic beverage establishments are allowed with the granting of a special exception. The existing use as a cigar lounge has been established in this location since 2010. Within this planned shopping center and all along W. State Road 426, exists numerous restaurants and establishments that also serve alcohol. Therefore, the granting of the subject Special Exception will not adversely affect the public interest.
Community Meeting
In compliance with Seminole County Land Development Code Sec. 30.3.5 - Community meeting procedures, the Applicant conducted a community meeting on July 15, 2025. Details of the community meeting have been provided in the agenda package.
Planning and Zoning Commission
The Planning and Zoning Commission met on August 6, 2025, and voted unanimously to recommend the Board of County Commissioners approve the Special Exception to allow, with the conditions stated in the Development Order, an alcoholic beverage establishment to expand in the PD (Planned Development) district on 2.29 acres, located on the northwest corner of W. State Road 426 and Via Loma Drive. The P&Z minutes are provided in the agenda package.
Requested Action:
Staff requests the Board of County Commissioners approve the amendment of an existing Special Exception as per the following motion:
Based on Staff’s findings and testimony and evidence received at the hearing, the Board of County Commissioners finds the request meets the identified portions of the Seminole County Land Development Code and moves to approve the amended Special Exception to allow, with the conditions stated in the Development Order, an alcoholic beverage establishment to expand in the PD (Planned Development) district.