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Planning & Zoning Commission/ Local Planning Agency Minutes December 13, 2023 Page 4 1. The conditional use shall be limited to the property with the parcel identification number 28-21-30-300-057D-0000. 2. Changes to the existing outdoor seating shall not occur without an approved site plan modification. 3. All sales and consumption of alcoholic beverages, except for approved package sales, shall be on-site and indoors or confined to outdoor seating areas approved as part of the official site plan. 4. Package sales of alcoholic beverages for off-site consumption shall not be permitted. 5. The sale of alcoholic beverages is prohibited when food service is not available. 6. At least 51 percent of gross revenue shall be derived from selling food and nonalcoholic beverages. 7. The hours of on-site alcohol consumption and sales shall comply with the hours outlined in Section 10-2 of the City of Casselberry' Code of Ordinances. 8. The business shall comply with all City, County and State requirements. 9. There shall be no outside display or storage of goods, materials, services, or vehicles. 10. The conditional use shall commence within 120 days of the approval. 11. The conditional use shall expire if the use is discontinued for more than 90 days. 12. All 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 the applicant for case number CU -23-08. Chairman Bakalla asked the applicant to come forward. Samuel Flores, representative for the owners, 1436 S.R. 436, Suite 1024, Casselberry, 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 23-08, 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 1-12. Motion was seconded by Mr. Kirk. The motion passed unanimously by voice vote. C. CU 23-14: Beer and Wine Sales (2COP) for E1 Toque Restaurant Located at 1015 S.R. 436, Suite 153. Staff Presentation: Matthew Linder, Planner I, presented to the Planning and Zoning Commission case number CU 23-14: a conditional use application requesting the sale of beer and wine for on- site consumption at El Toque, a restaurant located at 1015 S.R. 436, Suite 153. The subject property has a zoning designation of CG (Commercial General) with a Future Land Use Map (FLUM) designation of Commercial (COMM); it is not part of any overlay districts. The site is located along S.R. 436 within a commercial plaza accommodating a variety of uses, from a tattoo parlor