PZ 04/13/2016 Minutes - Laserfiche WebLink

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Planning & Zoning Commission/ Local Planning Agency April 12, 2016 Page 2 is attached and made a part of the minutes). Mr. Fathelbab made a correction to the Land Use Compatibility criteria stating that the lack of parking and a circulation plan for the additional traffic generated by the use is not compatible with the land use. Mr. Fathelbab said staff recommends the Planning and Zoning Commission deny the requested conditional use of CU 16-05 due to inadequate parking per Section 3-15.2 and because the requested conditional use does not comply with Section 2-6.1 in regards to adverse impacts on properties and land uses within the immediate vicinity; Sections 2- 6.2(B)(1),(2),(3), and (5) for reasons of land use incompatibility, insufficiencies of the site, the lack of mitigative techniques, and failure to provide an ADA approved parking space. A discussion ensued regarding the owner's responsibility to provide an ADA parking space, the possible use of the City's parking lot, the number of parking spaces needed for the site, a possible joint use agreement for parking between the tenants and a possible agreement with the City and the landlord to use the City parking lot. Mr. Fathelbab said any business that requires conditional use approval to operate at this site will need to address the parking issues. He said through the Business Tax Receipt review process, staff is notifying future tenants that the parking is deficient on the site and the City's lot is not available for the plaza's use. A brief discussion ensued regarding the limited types of businesses that would work at the site due to the size of the parking lot. Mr. Henson asked the applicant to come forward. Pastor Hector Febo and Ms. Dorcar Cruz, 4255 S. Highway 17/92, Casselberry, Florida came forward. Pastor Febo said that he would like to work with the community. Ms. Dorcar Cruz said they did not know that a church needed conditional use approval. She said that the owner said a church could operate from the site and they made improvements to the site. She said she understands that there is an issue with the parking on the site. Ms. Cruz said they will look for a new tenant space in Casselberry and they will contact the City to discuss zoning requirements. Ms. Cruz requested documentation from the City stating that the conditional use has been denied. She said she has a two year lease for this site. Mr. Henson 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. Henson asked for a motion to address CU 16-05. Mr. Bryan made a motion that the Planning and Zoning Commission deny the requested conditional use of CU 16-05 due to inadequate parking per Section 3-15.2 and the denial is