Title:
title
Mission BBQ Special Exception - Consider a Special Exception to allow a restaurant within 1,000 feet of a school to obtain an alcohol license in the PD (Planned Development) district on 0.57 acres, located on the south side of W Lake Mary Boulevard, east of Sun Drive; BS2025-06 (William Leahy, Applicant) District 4 - Lockhart (Kaitlyn Apgar, Senior Planner).
end
Agenda Category:
Public Hearing Items
Department/Division:
division
Development Services
body
Authorized By:
Mike Rhodes, Development Services Director
Contact/Phone Number:
Kaitlyn Apgar/ 407-665-7377
Background:
The Mission BBQ establishment currently operates an existing bona fide restaurant and requests the Special Exception in order to serve beer and wine for on-site consumption. A bona fide restaurant is considered an establishment where the majority of sales and profit is from the serving of meals and not from the serving of alcoholic beverages, per Seminole County Land Development Code (SCLDC) Sec. 30.6.6.2 (a)(1). The restaurant is part of the existing ETOR PD (Planned Development) shopping center and is identified in the PD as Lot 2 of Tract D. The subject site is a permitted restaurant consisting of 2,871 square feet of indoor space and 289 square feet of outdoor seating. The hours of operation are Monday through Saturday from 11:00 am to 9:00 pm, and Sunday from 11:30 am to 8:00 pm.
Sec. 30.6.6.2 (b) of the SCLDC requires that any establishment selling alcoholic beverages for consumption on-premise shall maintain a minimum separation distance of 1,000 feet (air-line measurement) from lot line of the establishment to the nearest lot line of the school. The subject property is approximately 501 feet from the closest school known as the Arbor School of Central Florida, and thus does not meet the 1,000-foot separation from schools as required.
Staff Findings:
In reviewing Special Exception requests, Section 30.3.1.5(a) of the SCLDC 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:
The subject property is within an established shopping plaza where there are other restaurants and commercial uses of similar nature. The requested Special Exception for an alcohol license is consistent with the commercial nature of the area and is ancillary to the property’s function as a bona fide restaurant. The permitted uses in the ETOR PD include C-2 (General Commercial) uses which are comprised of businesses that provide services, supplies, and commercial activity that do not necessarily seek independent locations generally along major thoroughfares. The subject property is completely surrounded by other commercial properties, thus no adverse impact to any residential development is anticipated. The current development is adhering to buffer requirements of the Lake Mary Boulevard Gateway Overlay in order to promote consistency and to ensure the roadside is developed consistent with the intent of the scenic gateway standard.
(2) Does not have an unduly adverse effect on existing traffic patterns, movements and volumes:
The establishment is located within an existing shopping center, where traffic patterns and calculations have already been performed to support the commercial use. The site gains access via the internal drive aisle that connects to Sun Drive, thus reducing any curb cuts onto a main arterial. Adequate parking meeting SCLDC standards is currently being provided onsite for the bona fide restaurant; 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:
The subject property has a Future Land Use designation of Commercial. Pursuant to the Seminole County Comprehensive Plan, the purpose and intent of this designation is to provide 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 Commercial Future Land Use permits alcoholic beverage establishments with Special Exception approval. This property is located on W Lake Mary Boulevard, a principal arterial roadway, within the urban area of Seminole County; and therefore, is consistent with the Seminole County Comprehensive Plan.
(4) Will not adversely affect the public interest:
The ETOR PD allows uses permitted within the C-2 (General Commercial) district, where alcoholic beverage establishments are allowed with the granting of a Special Exception. Within this planned shopping center and along the W Lake Mary Boulevard corridor exist numerous restaurants that serve alcohol. The subject property is not in proximity to residentially developed areas but is accessible via an arterial roadway to promote service to the population. This area is considered a major commercial node and the ancillary serving of alcohol by a bona fide restaurant is considered customary in practice.
Community Meeting
In compliance with Seminole County Land Development Code Sec. 30.3.5 - Community meeting procedures, the Applicant conducted a community meeting on May 1st, 2026. Details of the community meeting have been provided in the agenda package.
Requested Action:
Staff requests the Planning and Zoning Commission recommend the Board of County Commissioners approve the Special Exception and associated Development Order as per the following motion:
Based on Staff’s findings and the testimony and evidence received at the hearing, the Planning and Zoning Commission finds the request meets the identified portions of the Land Development Code and recommends the Board of County Commissioners approve the Special Exception and associated Development Order to allow, with conditions, a restaurant within 1,000 feet of a school to obtain an alcohol license in the PD (Planned Development) district on 0.57 acres, located on the south side of W Lake Mary Boulevard, east of Sun Drive.