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Planning & Zoning Commission/ Local Planning Agency Minutes May 11, 2022 Page 5 the Unified Land Development Regulations and is consistent with the Comprehensive Plan as per the written findings contained within the staff report. The conditions of approval are as follows: 1. The conditional use shall be limited to the location of 861-863 SR 436 as indicated in Attachment C — Site Plan. The conditional use does not apply to the other tenant spaces or buildings on the property; any expansion of the tenant space will require an additional conditional use approval. 2. The Applicant shall submit an application for site plan review for the outdoor seating area within 120 days of conditional use approval. 3. All sales and consumption of alcoholic beverages, except for approved packaged sales, shall be on-site and indoors or confined to outdoor seating areas that have been approved as part of the official site plan. 4. Package sales of alcoholic beverages for off-site consumption shall be permitted in accordance with the most current local, state, and federal regulations and only as long as the applicant complies with those same regulations. 5. At least 51 % of gross revenue shall be derived from the sale of food and nonalcoholic beverages. 6. The hours of on-site alcohol consumption and sales shall comply with the hours set forth in 10-2(a)(1) of the City of Casselberry's Code of Ordinances and shall only occur alongside the primary use (restaurant) serving food. 7. The business shall remain in complete compliance with all City, County, and State requirements. 8. There shall be no outside display or storage of goods, materials, services, or vehicles. 9. The conditional use shall commence within 120 days of approval. 10. All applicable licenses and permits shall be maintained and updated prior to the selling of beer and wine. 11. A new conditional use application shall be required if the use should cease for more than 90 days. 12. 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, Ms. DeJesus stated that the outdoor seating is not part of an approved site plan. She said a condition of approval has been added that the applicant must apply for minor site plan approval to allow the outdoor seating and no alcohol can be consumed in the outdoor area. The outdoor seating requirements were discussed. Mr. Hale asked the applicant to come forward. The applicant was not present. Mr. Hale 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. Hale asked for a motion to address CU 22-05. Mr. Burnett made a motion to approve case number CU 22-05 per the 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, the twelve (12) conditions of approval and Attachments A - D. Mr. Bakalla seconded the motion. The motion passed unanimously by voice vote.