HomeMy WebLinkAbout633-10 Conditional Use for Flea Market on Chancey Road RESOLUTION NO. 63340
A RESOLUTION RELATING TO ZONING; APPROVING A
CONDITIONAL USE TO ALLOW A TEMPORARY FLEA MARKET
LOCATED AT PARK PLACE ON THE NORTH SIDE OF CHANCEY
ROAD (LOTS 9,10,11 AND 12); FINDING CONFORMITY WITH THE
LAND DEVELOPMENT CODE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, an application was filed by Chancey Partners, LLC for a conditional use to allow a
temporary flea market located on property with the parcel ID Nos. 19-26-22-0010-00000-009 ,
19-26-22-0010-00000-0100, 19-26-22-0010-00000-0110 and 19-26-22-0010-0120 and includi g
parking.
WHEREAS, Resolution 622-09 was approved on November 23rd, 2009 granting a condition 1
use for a period of six months, said time has expired and applicant requests an addition 1
conditional use permit which shall expire on March 31, 2011.
WHEREAS, The Site Plan Review Committee recommends, and City Council concurs that o
additional temporary conditional use requests will issued, however, the applicant may request a
permanent conditional use and be subject to additional review by the City.
WHEREAS, the Site Plan Review Committee recommended approval of the conditional u e
with two general standard conditions.
1. The holder of a conditional use permit shall be authorized to utilize the site or location oft e
use only in the manner specified in the written approval and conditions specified therein. Ary
substantial expansion, alteration or change in the conditional use authorized by the writt n
approval must be reviewed by the City Council in the same manner in which the origin 1
conditional use was reviewed. The Building Official or his or her designee shall determi e
whether a substantial alteration or change of an authorized conditional use exists and may initia e
review of the same by the City Council and
2. For purpose of this section, an expansion, alteration or change of a conditional use shall e
deemed to exist where a substantial modification of any of the standards provided for in
subsection (1) above, results from activity associated with the conditional use or where a
substantial change of circumstances or conditions arises.
WHEREAS, staff recommended approval of the conditional use with eleven special approv 1
conditions.
(1) Conditional use approval for the temporary flea market shall be until March 3 ,
2011. Applicant shall re-apply for future dates to continue the use and shall require approv 1
from the City;
(2) Flea Market representative and all individual vendors shall obtain all requir d
permits/licenses from the City Building Department;
(3) All signage associated with the flea market willUcomply with.the City's si
ordinance;
(4) Flea market shall provide all portable restrooms as required by County Heal h
Department and any necessary approvals;
(5) Recommend flea market area be fenced/gated for security purposes;
(6) City will require off-duty patrol to provided ingress/egress assistance of fl a
market patrons on/off Chancey Road;
(7) All temporary structures/activities shall be excluded outside perimet r
landscape/setback areas;
(8) Flea market representative shall coordinate with City Fire Department to obtain
all fire safety required criteria/approvals prior to initial flea market opening;
(9) All parking is restricted to designated parking areas and no parking shall be
allowed on public ROW's.
(10) No permanent structures are proposed/permitted.
(11) In the event all conditions are not met, either singularly or collectively, City
Council may, at its sole discretion revoke,terminate/cease this conditional use.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ZEPHYRHILLS,FLORIDA:
Section 1. The foregoing findings are incorporated herein by reference and made a part hereof.
Section 2. A flea market on property more particularly described as located on property with the
parcel ID Nos. 19-26-22-0010-00000-0090, 19-26-22-0010-00000-0100, 19-26-22-0010-00000-
0110 and 19-26-22-0010-0120 and including parking is hereby approved.
Section 3. The conditional use is approved for the benefit of the applicant only and for the use as
specified within the application.only, subject to the conditions herein. The character or benefit
of this conditional use shall not be changed or transferred without City Council approval by
resolution.
Section 4. The City Council does hereby expressly find that the provisions of this resolution are
in conformity with the Land Development Code of the City of Zephyrhills, as amended.
Section 5. The general standard conditions listed under Section 11.10.02(B) (1) and (2) shall
binding on this conditional use.
Section 6. This resolution shall take effect immediately upon its passage and shall sunset March
31, 2011:
Section 7. Chancey Partners, LLC shall negotiate with the City and pay all agreed upon impact
fees prior to the close of business November 15, 2010.
Section 8. In the event that Chancey Partners, LLC and the City fail to come to an agreement
regarding impact fees, and/or fail to pay all fees in full prior to the close of business on
November 15, 2010,the City Council may in its sole discretion terminate this conditional use.
The foregoing Resolution No. 633-10 was read and passed, following a public hearing, in an
open and-regular meetingof the City Council of the City of Zephyrhills, Florida, on this 13th day
of September,2010.
Attest:ç .1
1
Linda D. Bo , City Clerk Lance ith, 'oi.ncil President
The foregoing:Resolution No. 633-10 was approved by me this 13th day of September, 2010.
W. Cliff of e, M r
Approved as to legal form and legal content
for the sole reliance of the City of Zephyrhills
oseph A. Poblick, City Attorney