Title:
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Miyaji Sushi & Hibachi 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 9.51 acres, located on the south side of W. Lake Mary Boulevard, east of Sun Drive; BS2025-08 (Wen Zheng, Applicant) District4 - Lockhart (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 bona fide restaurant and would like to serve beer and wine for on-site consumption. The restaurant, located within an existing planned shopping center, is 544 feet from UCP Seminole Early Learning Center, which does not meet the 1,000-foot separation from schools as required by Section 30.6.6.2(d) of the Seminole County Land Development Code (SCLDC).
The restaurant is 2,000 square feet in size and seats fifty-six (56) patrons, with no outdoor seating. The hours of operation are currently Monday through Thursday from 11:00 am to 10:00 pm, Friday and Saturday from 11:00 am to 10:30 pm, and Sunday from noon to 9:30 pm.
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 restaurant is within an existing shopping center, where there are several restaurants that serve alcohol and other retail commercial uses. Therefore, it is not detrimental to the character or inconsistent with the trend of development of 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 use. The site fronts on a main thoroughfare, with an entrance from Lake Mary Boulevard, and a second entrance from Sun Drive with the 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 Commercial (COM). 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 pending 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:
Staff Analysis:
The Etor Planned Development 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 all along W. Lake Mary Boulevard, exists numerous restaurants that serve alcohol. Also, as measured by the Code, there is 544 feet of separation between the front property line of the plaza and the school’s property line, which does not meet the 1,000 foot requirement. However, the distance exceeds the requirement when measuring from the front door of the establishment to the front door of the school on the north side of Sun Drive. 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 June 8, 2025. Details of the community meeting have been provided in the agenda package.
Requested Action:
Staff requests the Board of County Commissioners approve the 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 9.51 acres, located on the south side of W. Lake Mary Boulevard, east of Sun Drive.