PZ Minutes 04/22/2009 - Laserfiche WebLink

Home Browse Search

Planning & Zoning Commission! Local Planning Agency April 22, 2009 Page 3 Fifth Item of Business: CU 09-05: 1325 State Road 436. Conditional use request to utilize a portion of an existing commercial property for open air food sales via a hot dog cart. Mr. Charles Senzee, Planner, reviewed the information provided in his memorandum dated April 16, 2009, to the City of Casselberry Planning and Zoning Commission (a copy is on file in the Community Development Department). Mr. Senzee stated that the applicant would like to change the hours of operation from 9:00 a.m. to 5:00 p.m. to 9:00 a.m. to 6:00 p.m. Mr. Senzee requested the Planning and Zoning Commission modify the hours of operation if the conditional use is granted. Mr. Senzee stated staff finds that the proposed use is compatible with the surrounding land uses; however, staff finds that the property was not designed to support this type of use. He said there is no available parking for any customers who do not wish to utilize the car wash or lube services and the current site design is also unable to ensure pedestrian safety within the subject area; therefore, staff is unable to support the request. He said if the Planning and Zoning Commission chooses to approve CU 09-05 to allow a portion of an existing commercial property to be used for open air food sales via a hot dog cart at 1786 State Road 436, the motion should be based on the staff report dated April 16, 2009, the site drawing attached to the staff report as Exhibit B, the Planning and Zoning Commission's findings of fact, and the conditions outlined in the staff report which were: 1. The conditional use shall be limited to the operational area and cart style shown in Exhibit D attached to the staff report. No expansion of the operational area or enlargement of the cart may occur without additional Planning and Zoning approval. 2. The area in which the hot dog cart will be placed shall be striped or otherwise distinguished for pedestrian safety purposes. The applicant shall submit a site plan for Community Development approval within 30 days of conditional use approval. The completed striping shall pass Community Development inspection prior to the issuance of a business tax receipt for the subject business. 3. Conditional use approval is for the outdoor sale of food items only. The sale of any other materials, products, or services from the subject hot dog cart is strictly prohibited. 4. No outdoor activities (other than food sales), seating, or events are permitted for the subject of this conditional use request. 5. Hours of operation shall be Monday-Saturday 9:00am - a.;oo 6:00 pm. 6. The business shall remain in complete compliance with all City, County and State requirements. 7. There shall be no outside display or storage of goods, materials, services. The only exception to this will be the outdoor food sales approved as part of this conditional use. 8. The conditional use shall expire if the use is discontinued for more than 90 days. 9. All of the above conditions shall be fully and faithfully executed or the conditional use shall become null and void.