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Home My WebLink About732-17 Conditional Use for Flea Market IIIIIIIIII!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII 2017105392 RESOLUTION NO. 732-17 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 1, 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 a m c- 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. I -4 o m 4N WHEREAS, Resolution 622-09 was approved on November 23, 2009 granting a conditional use for.a period of_six_months, said time e expired andapplicant requested an additional conditional 3 use permit which expired on March 31, 2010. o m" WHEREAS, Resolution 629-10 was approved on July 2, 2010 granting a conditional use for a <mo period of six months, said time has expired and applicant requests an additional conditional use permit which expired on March 31, 2011. WHEREAS, Resolution 644-11 was approved on September 26, 2011 granting a conditional use for a period of six months, said time has expired and applicant requests an additional conditional use permit which expired March 31, 2012. WHEREAS, Resolution 654-12 was approved on July 9, 2012 granting a conditional use for a 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 conditional use for a period of six months, said time has expired and applicant requests an additional conditional use permit which expired March 31, 2014. 0 m rncJ, WHEREAS, Resolution 679-14 was approved on September 8, 2014 granting a conditional use for a period of three years, said time has expired and applicant requests an additional.conditional i use permit which expired March 31, 2017. (fly J WHEREAS, The Site Plan Review Committee recommends, and City Council concurs that no OL�a additional temporary conditional use requests will issued, however, the applicant may request a I a 0 permanent conditional use and be subject to additional review by the City. i c,�'m WHEREAS, the Site Plan Review Committee recommended approval of the conditional use with two general standard conditions. 1. The holder of a conditional use permit shall be authorized to utilize the site or location of the i m use only in the manner specified in the written approval and conditions specified therein. Any substantial expansion, alteration or change in the conditional use authorized by the written approval must be reviewed by the City Council in the same manner in which the original 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 be 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 and the Planning Commission recommended approval of the conditional-use with eleven special approval conditions. (1) Conditional use approval for the temporary flea market shall be -for a period through March 2020 (future dates to continue the use shall require approval from the City Council); (2) Flea Market owner/manager shall coordinate a meeting with the .City (Police Department, Public Works and the Planning Department to discuss conditions of approval of this conditional use; Record and Return to: City Clerk's Office 5335 8th Street Zephyrhills, FL 33542 OR BK 9568 PG 3411 2 of 2 (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 moreparticularlydescribed as located on property_ with the _ parcel ID Nos. 19-26-22-0010-00000-0010, 19-26-22-0010-00000-0020, with parking on 19-2 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;2020. The,f it oing'Reso?ift n No. 732-17 was read and passed, following a public hearing, in an open l�andsula \ t'ng of th"City Council of the City of Zephyrhills, Florida, on this 26th day of June, 201 ,:' ; fittest: _____ l/. l -o Lo ..HiF man,'City Clerk Kennet . Compton,Past Council President C b F)y ;� Ge Whitfield, Ma r Approved as t legal form and legal content for the sole reliance of the City of Zephyrhills Matthew E. Magga ity Attorney