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, Planner)
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Division:
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Development Services
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Authorized By:
Jose Gomez, Development Services Director
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 the use of 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.
Upon approval of this special exception, a site plan showing compliance with the Land Development Code and all other applicable code requirements will be required.
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.
Planning and Zoning Commission
The Planning and Zoning Commission (P&Z) met on December 4, 2024, and voted unanimously to recommend the Board of County Commissioners approve the Special Exception based upon the conditions as listed in the Development Order. The P&Z minutes are attached.
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 Commissioner may allow uses for which a special exception is required; provided, however, that said Board must first make a determination 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 approval of the Special Exception based upon the conditions as set forth in the Development Order.