HomeMy WebLinkAbout679-14 Conditional Use for Flea Market 5 RESOLUTION NO. 679-14
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 (LOTS1,2, AND 13); 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
temporary flea market located on property with the parcel ID Nos. 19-26-22-0010-00000-0010,
19-26-22-0010-00000-0020, with parking on 19-26-22-0010-00000-0130.
WHEREAS, Resolution 622-09 was approved on November 23, 2009 granting a conditional us
for a period of six months, said time expired and applicant requested an additional condition 1
use permit which expired on March 31, 2010.
WHEREAS, Resolution 629-10 was approved on July 2, 2010 granting a conditional use for 1
period of six months, said time has expired and applicant requests an additional conditional us
permit which expired on March 31, 2011.
WHEREAS, Resolution 644-11 was approved on September 26, 2011 granting a condition l
use for a period of six months, said time has expired and applicant requests an addition 1
conditional use permit which expired March 31, 2012.
WHEREAS, Resolution 654-12 was approved on July 9, 2012 granting a conditional use for
period of six months, said time has expired and applicant requests an additional conditional use
permit which expired March 31, 2013.
WHEREAS, Resolution 666-13 was approved on September 30, 2013 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 expired March 31, 2014.
WHEREAS, The Site Plan Review Committee recommends, and City Council concurs that n
additional temporary conditional use requests will issued, however, the applicant may request
permanent conditional use and be subject to additional review by the City.
WHEREAS, the Site Plan Review Committee recommended approval of the conditional us
with two general standard conditions.
1. The holder of a conditional use permit shall be authorized to utilize the site or location of th
use only in the manner specified in the written approval and conditions specified therein. An
substantial expansion, alteration or change in the conditional use authorized by the writte
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 determine
whether a substantial alteration or change of an authorized conditional use exists and may initiate
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 b
deemed to exist where a substantial modification of any of the standards provided for i
subsection (1) above, results from activity associated with the conditional use or where
substantial change of circumstances or conditions arises.
WHEREAS, staff and the Planning Commission recommended approval of the conditional us
with eleven special approval conditions.
(1) Conditional use approval for the temporary flea market shall be for a perio
through March 2017 (future dates to continue the use shall require approval from the Ci
Council);
(2) Flea Market owner/manager shall coordinate a meeting with the City (Polio
Department, Public Works and the Planning Department to discuss conditions of approval of this
conditional use;
(3) Owner will obtain all required permits/licenses from the City's Building
Department;
(4) All signage associated with the flea market will comply with the City's sign
ordinance and be removed upon termination of subject use;
(5) Chancey Road right-of-way shall be signed with no parking along the ROW;
(6) Flea market shall provide all portable restrooms as required by County Health
Department and any necessary approvals;
(7) The applicant shall provide off-duty patrol to provide ingress/egress assistance of
flea market patrons on/off Chancey Road beginning in January 2015, 2016, and 2017 unless
determined and notified by the City that patrol becomes necessary at an earlier date;
(8) All temporary structures/activities shall be excluded outside perimeter
landscape/setback areas;
(9) Flea market shall coordinate with City Fire Department to obtain all fire safety
required criteria/approvals prior to initial flea market opening;
(10) All parking is restricted to designated parking areas and no parking shall be
allowed on public ROW's.
(11) The approval of the subject conditional use is subject to a special approval
conditions as stated in numbers 1-10 above. In addition, if complaints are submitted and/or the
City of Zephyrhills determines a traffic/safety condition as a result of the flea market arises that
cannot be satisfactorily addressed the item shall then be brought back to City Council and it will
be at the discretion of the City Council to terminate subject 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. 19-26-22-0010-00000-0010, 19-26-22-0010-00000-0020, with parking on 19-26-
22-0010-00000-0130 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, 2017.
The foregoing Resolution No. 679-14 was read and passed, following a public hearing, in an open
and regular meeting of the City Council of the City of Zephyrhills, Florida, on this 8th day of
September, 2014.
Attest: �"
Linda D. Bo , City Clerk arles E. Proctor, Council President
The foregoing Resolution No. 679-14 was approved b e this 8th day of September,2014.
G e Whitfield a or
Approved as to legal form and legal content
for the sol oft Ze hyrhills
oseph A. Poblick, City Attorney