PZ 12/16/2020 Minutes - Laserfiche WebLink

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Planning & Zoning Commission/ Local Planning Agency Minutes December 16, 2020 Page 2 Fifth Item of Business: CU 20.13: Drive Through Restaurants at 1391 State Road 436. A conditional use request to operate three (3) drive through restaurants at 1391 State Road 436. Mr. Tatum Jordan -Madden, Planner I, reviewed the information provided in his memorandum dated December 16, 2020 to the City of Casselberry Planning and Zoning Commission. Mr. Jordan -Madden explained that it is one conditional use for three (3) separate buildings and he requested three (3) separate motions. Mr. Jordan - Madden said staff recommends that case number CU 20-13 for Building A, Building B, and Building C 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 1391 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 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. The conditional use shall expire if the use is discontinued 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. In response to the Commission's question, Mr. Jordan -Madden stated at this time the address has not been changed to reflect the three (3) businesses. The Commission requested staff provide a street -view photo of the site to assist with identifying the location of the business for future projects. A brief discussion ensued regarding the traffic study and access to and from the current site and the proposed development. In response to the Commission's question, Ms. Hyson explained that one of the conditions for approval is that the conditional use is only valid upon site plan approval. She said the project would be reviewed by the Development Review Committee (DRC), which includes Planning Staff, Seminole County Fire Department and the Public Works Department. She stated after DRC review, the final site plan would be reviewed by the Planning and Zoning Commission. Ms. Hyson stated that the conditional use approval expiration date would be tied to the final site plan approval expiration date.