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Planning & Zoning Commission/ Local Planning Agency March 13, 2013 Page 4 2. All sales and consumption of alcoholic beverages shall be on -site. Sales shall be confined to indoors and the outside patio area as indicated by "patio" on the attached site plan dated March 4, 2013, 3. The sale of alcohol shall not exceed 49% of total revenue. 4. Package sales of alcoholic beverages for off -site consumption are prohibited. 5. The hours of alcohol sales shall comply with the hours set forth in Section 10.2 of the City of Casselberry's Code as long as the use is in conjunction with a restaurant. 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 or vehicles. 8. The conditional use shall commence within 1 year of the approval. 9. The conditional use shall expire if the use is discontinued for more than 90 days. 10. All of the above conditions shall be fully and faithfully executed or the conditional use shall become null and void. The Commission had no questions for the applicant. Mr. Meadows asked if there was anyone in the audience who wished to speak in favor of, or in opposition to, the request. No one came forward. Mr. Meadows asked for a motion to address CU 13 -01. Mr. Bryan moved that the Planning and Zoning Commission's approve CU 13 -01 to allow the on -site consumption of beer, wine and liquor as allowed by the 4COP state license, in conjunction with the operation of a restaurant located at 3315 South US Highway 17 -92, based on the findings of fact and conclusions of the staff report dated March 13, 2013, and the ten conditions outlined in the staff report. Mr. Wadley seconded the motion. The motion passed unanimously by voice vote. Seventh Item of Business: SPR 12 -22: Veterinary Emergency Clinic. Tree replacement waiver request for the property located at 195 Concord Drive. Ms, Marie Regan, Planner Il, reviewed the information provided in her memorandum dated March 13, 2013, to the City of Casselberry Planning and Zoning Commission (a copy is on file in the Community Development Department). Ms. Regan presented a PowerPoint presentation (a copy is attached and made a part of the minutes). Ms. Regan stated Staff finds that a reduction to the inch for inch replacement is warranted as the site is well treed and there is limited space to accommodate an additional tree. Ms. Regan said Staff recommends that the reduction be made from an inch for inch replacement of 21" to a minimum payment of $220 into the City Tree Bank, which is the equivalent of a minimum 2.5" DBH tree and a payment must be made into the tree bank within 60 days of approval. Ms. Regan requested the Planning and Zoning Commission make a determination on the applicant's request.