PZ 11/18/2020 Minutes - Laserfiche WebLink

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Planning & Zoning Commission/ Local Planning Agency Minutes November 18, 2020 Page 4 fact and conclusions of law, the staff report dated November 18, 2020 including the ten (10) conditions of approval and Attachments A and B. Ms. Campbell seconded the motion. The motion passed unanimously by voice vote. Seventh Item of Business: CU 20.10: Drive Through Establishment at 198 SR 436. A conditional use request for a drive through establishment at 198 SR 436. Mr. Jonathan Tardif, Planner I, reviewed the information provided in his memorandum dated November 18, 2020 to the City of Casselberry Planning and Zoning Commission. Mr. Tardif said staff recommends that case number CU 20-10 be approved with staffs conditions, based upon the staff report and the testimony and evidence presented, that the request meets the applicable provisions of the Unified Land Development Regulations and is consistent with the Comprehensive Plan as per the written findings contained within the staff report. He said the conditions of approval are as follows: 1. The conditional use shall be limited to the location of 198 State Road 436. 2. The proposed development shall rezone to a compatible zoning district with the MTMU Future Land Use. 3. The drive through use shall only begin upon redevelopment of the existing site, including demolition of the existing structure, according to an approved site plan. 4. The expiration of the conditional use shall mirror the expiration provided for final site plan approval. 5. The business shall remain in complete compliance with all City, County and State requirements. 6. All applicable licenses and permits shall be obtained prior to the commencement of any business activities at the site. 7. A new conditional use application shall be required if the use should cease for more than 90 days. 8. All of the above conditions shall be fully and faithfully executed, or the conditional use shall become null and void. A brief discussion ensued regarding the time -frame restriction listed in condition number 7 and how that may impact business closures due to extenuating circumstances such as a hurricane, the access to the site, and this development's impact to the Oxford Park Overlay District. In response to the Commission's question, Mr. Tardif stated that the stacking for the drive through use would be reviewed during the site plan review process. Mr. Phillips asked the applicant to come forward. Mr. Erik Madsen, 31622 US 19 North, Palm Harbor, Florida and Ms. Ashley Sperling, 1676 Withmere Way, Atlanta, Georgia came forward. In response to the Commission's question, Ms. Sperling explained that at some point in time Wendy's may sell the restaurant to a franchisee. Mr. Madsen stated that they have been working with City staff for two years on this site. Mr. Madsen felt that the Wendy's development would be an improvement to the site with the design of the site and upgraded landscaping and stormwater. Mr. Phillips 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.