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Planning & Zoning Commission/ Local Planning Agency Minutes December 13, 2023 Page 3 5. The conditional use shall expire if the use is discontinued for more than 90 days. 6. All the above conditions shall be fully and faithfully executed, or the conditional use shall become null and void. Discussion: Members of the Planning and Zoning Commission asked questions of staff and applicant for case number CU -22-09. Chairman Bakalla asked the applicant to come forward. Ana Roosen, 3656 Bougainvillea Court, Winter Park, Florida, came forward and addressed the Commission. Audience Participation: Chairman Bakalla asked if there was anyone in the audience to speak about this item. No one came forward to speak about this item. MOTION: Mr. Minnis moved to approve CU 22-09, based upon the staff report and the testimony and evidence presented, that the request meets the applicable provisions of the City Code of Ordinances and the Unified Land Development Regulations (ULDR) and is consistent with the Comprehensive Plan as per the written findings contained within the staff report, subject to conditions 1-6. Motion was seconded by Ms. Stanley. The motion passed unanimously by voice vote. B. CU 23-08: Beer, Wine, and Liquor Sales (4COP) for Aji Ceviche Restaurant Located at 1436 S.R. 436, Suite 1024 Staff Presentation: Matthew Linder, Planner I, presented case number CU 23-08: a conditional use application requesting the sale of beer, wine, and liquor for Aji Ceviche, a restaurant located at 1436 S.R. 436, Suite 1024. The subject property has a zoning designation of CG (Commercial General) with a Future Land Use Map (FLUM) designation of Major Thoroughfare Mixed -Use (MTMU); it is not part of any overlay districts. The restaurant currently holds a 2COP license for the sale of beer and wine. The site is located along S.R. 436 within Market Square Plaza, which accommodates similar uses including another restaurant and bar in adjacent suites. To the north are general commercial uses and a townhome community; to the east is additional commercial development; and to the south and west is an apartment complex and other commercial uses. The proposed project meets all setbacks and buffer requirements. The proposed use will not generate any prohibited nuisance impacts or other impacts that would negatively affect nearby uses. Grease is the only hazardous waste generated on the property and will be disposed of properly. The applicant holds or will obtain a City business tax receipt. Staff recommends that case number CU 23-08 be approved with staff's 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 (ULDR) and is consistent with the Comprehensive Plan as per the written findings contained within the staff report. The conditions of approval are as follows: