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Planning & Zoning Commission/ Local Planning Agency June 12, 2013 Page 10 with action to be completed within 90 days. Mr. Bryan seconded the motion. The motion passed unanimously by voice vote. Eleventh Item of Business: SPR 13 -03 and CU 13.02: Boiangles. Site plan review for construction of a 4,166 square foot drive -thru restaurant and a maximum 6,000 square foot building for future development and conditional use for a drive -thru. SPR 13.03 Mr. Jason Sorensen, Planner I, reviewed the information provided in his memorandum dated (March 13, 2013) June 12, 2013, to the City of Casselberry Planning and Zoning Commission (a copy is file in the Community Development Department). Mr. Sorensen presented a PowerPoint presentation (a copy is attached and made a part of the minutes). Mr. Sorensen said due to a miscommunication between the applicant and the landscaper, the applicant is withdrawing the tree waiver request. Mr. Sorensen stated that an additional condition of approval is to remove the tree waiver request from the landscape sheet. Mr. Sorensen said staff recommends approval with conditions. He said the findings of the Planning and Zoning Commission should be based on the staff report dated June 12, 2013, the site plan attached to the staff report dated May 14, 2013, the building elevations, and the following conditions: 1. The "future retail development" portion of the site will require site plan review and approval. 2. All landscaping must be maintained in a neat, orderly, and healthy condition. 3. All Public Works issues must be addressed prior to issuance of a site construction permit. 4. All conditions must be fully executed or the site plan becomes null and void. 5. The site plan is valid for one year. Failure to obtain a building permit within one year will result in the expiration of the site plan approval. 6. The tree waiver request will be removed from the landscape sheet. A brief discussion ensued regarding site plan review for the future retail development, the landscaping plan for the entire site, the dumpster enclosure and the tree waiver request. Mr. Meadows asked the applicant to come forward. Ms. Rebecca Wilson, Lowndes, Drosdick, Doster, Kantor & Reed, 215 North Eola Drive, Orlando, Florida came forward. Ms. Wilson stated that the proposed Bojangles design has been upgraded from the company's usual prototype. A discussion ensued regarding additional site plan review for the future retail development site. Ms. Wilson requested the Planning and Zoning Commission grant staff the ability to review the elevations and if there are any amendments to the site plan, the project would come back to the Planning and Zoning Commission for review.