PZ 11/08/2023 Minutes - Laserfiche WebLink

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Planning & Zoning Commission/ Local Planning Agency Minutes November S, 2023 Page 2 4. Approval of Minutes None presented 5. Disclosure of Ex Parte Communications No disclosures of ex -parte communications were made. 6. Conditional Use Applications A. CU 23- 15: Conditional Use Request for 1455 S. R. 436, Suite # 117 Staff Presentation: Matt Linder, Planner I, presented the agenda item and provided an overview of the conditional use request. The request was for alcohol sales for both on- and off-site consumption at a new restaurant in Casselberry called Big Taco. Mr. Linder explained that conditional use approval is required for this land use, as provided in ULDR Section 2-5.3. Continuing, Mr. Linder noted that the sale of alcohol will be incidental to the site's primary use as a restaurant and that sales may only occur between 7 a.m. and 2 a.m., seven days a week. Further, the proposed hours of operation are 11 a.m. to 9 p.m., Sunday to Thursday, and 11 a.m. to 10 p.m. on. Fridays and Saturdays: Given the site's location, staff does not anticipate any adverse impacts to neighboring uses and finds that the proposed use is generally compatible with other tenants operating at this plaza. Mr. Linder provided the following conditions: 1. The conditional use shall be limited to the location 1455 S.R.436. 2. Outdoor seating shall not commence without an approved Site Plan Review application. 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 that have been approved as part of the official site plan. 4. Sale of alcoholic beverages is prohibited when food service is not available. 5. At least 51 percent ofgross revenue shall be derivedfrom the sale offood and nonalcoholic beverages. 6. The hours of'on-site alcohol consumption and sales shall comply with the hours set forth in Section 10-2 of the City of Casselberry's Code of Ordinances. 7. The conditional use shall commence within 120 days of the approval. 8. The conditional use shall expire if the use is discontinued for more than 90 days. 9. All of the above conditions shall be fully and faithfully executed or the conditional use shall become null and void. Discussion: Chairman Bakalla asked about the status of outdoor seating. Mr. Linder explained that the applicant is not planning to proceed with outdoor seating at this time. However, including this condition allows the applicant to seek site plan approval without having to modify the conditional use approval.