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Item 8AAGENDA ITEM # 8A APRIL 12, 2010 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Request for aUse-by-Exception in the Commercial General (CG) Zoning District to operate a produce market with outdoor sale and display of garden produce only at 1447 Mayport Road (Mayport Square shopping center.) SUBMITTED BY: Sonya Doerr, AICP ,d,g- Community Development Director DATE: March 30, 2010 BACKGROUND: The zoning regulations allow temporary stands for the sale of produce and seasonal items (i.e. pumpkins and Christmas trees) in the CG District, but approval of a Use-by- Exception is required in order for these to be permanently located and operated in this district. The applicant was granted approval to operate a produce stand fora 90-day time period and advised that an application for aUse-by-Exception needed to be submitted during that time. The produce stand has been open intermittently since the first of the year. The location of this business is within a grassed area of the parking lot of the Mayport Square shopping center. The applicant was advised soon after he began operating that he must be particularly vigilant to ensure that the site was kept neat, free of trash and debris, packing crates, etc. He was also advised that the plywood hand-painted signs on the site did not meet the City's sign ordinance and that a sign permit was required. Staff expressed concern to the Applicant soon after the business began operation that the appearance of the site was not consistent with the City's strategic planning goals for the Mayport Road corridor. While this may be a very good location for this type of business, how the business is operated and maintained and the appearance of the stand are critical to the appropriateness of this business in this location. Since that time, as shown in the following pictures, the applicant has made substantial improvements to the appearance of the site with the exception of the tents. The applicant has stated that he does not have sufficient funds to purchase new tents, but does intend to do so as soon as possible. March 4, 2010 April 12, 2010 regular meeting ~, _ , . ~~.,.. ,.u~~~ .m~~..~ ~. AGENDA ITEM # 8A APRIL 12, 2010 The Community Development Board, at their March 16th meeting, recommended approval of this request subject to the conditions as set forth below. • this initial approval is limited to one year from the time of final approval by the City Commission, at which time the applicant shall reappear before the Community Development Board to review compliance with all applicable City codes and regulations and the following conditions. The CD Board also recommended that the $250 Use-by-Exception application fee not be charged for the one-year review in that this will not be a new application. • The site shall be kept neat and free of trash and debris, and all packing crates, etc, shall be concealed from view from the street, and • A permanent tent, of more substantial heavy-duty canvas or similar material shall be installed and maintained in good condition. BUDGET: No budget issues. RECOMMENDATION: (per Community Development Board recommendation) Motion to approve a Use-by-Exception (File No. UBE-2010-02) subject to the above stated terms and conditions, and upon finding: (Include the suggested conditions, and provide findings of fact similar to the following, and attach other conditions as may be appropriate.) 1. Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63, Zoning and Subdivision and Land Development Regulations, and is also consistent with Section 24- 112 defining the CG Zoning Districts. 2. The request is not contrary to public interest and is not detrimental to the health, safety and welfare of general public. 3. The proposed use is compatible with adjacent properties and other properties within the surrounding area. 4. The proposed use is consistent with the City's Comprehensive Plan and is consistent with the Commercial Land Use designation. ATTACHMENTS: Minutes from the March 16, 2010 Community Development Board meeting. REVIEWED BY CITY MANAGER: April 12, 2010 regular meeting AGENDA ITEM # 8A APRIL 12, 2010 Draft Minutes of the March 16> 2010 regular meeting of the Community Development Board b. UBE-2010-02, Cannon. Request for aUse-by-Exception in the Commercial General Zoning District to operate a produce market with outdoor sale and display of garden produce only at 1447 Mayport Road (Mayport Square Shopping Center). Mr. Lambertson asked Ms. Doerr to provide a summary of the request. Ms. Doerr explained that Chapter 24 allows for temporary outdoor markets such as farmers markets, pumpkin patches and Christmas tree stands, but that aUse-by-Exception is required in order for these to be permanent. In general, Ms. Doerr stated that this seems to be a good location for this use. It is very accessible and there is sufficient parking. However, the applicant must maintain the site neat and clear of debris and packing crates must be hidden or screened from view. Additionally, tents shielding the market need to be upgraded to a material that will withstand weathering, and they must be maintained in good appearance. Mr. Lambertson invited the applicant to address the Board. Lonnie Cannon, 23 West 11~' Street, confirmed that he had been working to address those concerns about the appearance of the produce stand. He passed around pictures showing that the structure had been improved with skirting to obscure the packing crates from view, and new professionally airbrushed signs had been created. However, he said he had not been able to obtain the heavy duty tent, but hoped to be able to do so within the next month. Mr. Hansen asked if any of the shopping center tenants had objections to Mr. Cannon's produce stand. Mr. Cannon said he had heard no objections from other tenants, and in fact they shopped at his stand. Mr. Lambertson invited public comment. Mr. Billy ????, 185 Coral Way, Jacksonville Beach, spoke in support of Mr. Cannon's efforts, stating that it is the efforts of proprietors of such small businesses that will not only stimulate the economy, but also build communities. Ms. Glasser inquired as to the complaints received by Code Enforcement. Ms. Doerr said that they were in regards to crates stacked or scattered in the background, the hand-painted signs, and the worn tents. Mr. Cannon reiterated that he has been working to address those issues by skirting the stand so that the crates can be stored out under the structure and out of view, and by having signs professionally air-brushed. Again, he stated that he would work to replace the tent with a more substantial canvas in the next month. Ms. Glasser asked if Mr. Cannon would be allowed to expand his operation. Ms. Doerr said there is no limit on the size of Mr. Cannon's operation, other than the fact that he will have to address the stormwater runoff created by the impervious surface should his tent exceed 120 square feet. Parking is not an issue. Ms. Drysdale asked if Mr. Cannon worked the market or if he had employees. Mr. Cannon said that he did work at the market most of the time, and at other times, members of his family worked. Mr. Parkes asked if it would be appropriate to approve the UBE on a temporary or time-limited basis, so that the Board could ask the applicant back, say in a year, to determine that the use was in compliance with City regulations and vision for the Mayport Corridor. Ms. Doerr said that such a condition was acceptable and had been utilized by both the CD Board and the City Commission in the past. Mr. Adams noted that the applicant is meeting the needs of a niche market, and he would like to see the Board work with him. Mr. Parkes suggested that the Board consider approval on a one- year trial basis. Mr. Hansen and Mr. Adams agreed, stating this would give the applicant time to continue improving his market and address the previous concerns. Page 4 of 6 AGENDA ITEM # 8A APRIL 12, 2010 Draft Minutes of the March 16, 2010 regular meeting of the Community Development Board Ms. Glasser asked if there were specific conditions regarding appearance and maintenance of the property to be included. Ms. Doerr said that she had included some general comments in her staff report that could be used to formulate such conditions. Mr. Parkes inquired as to the terms of Mr. Cannon's lease, to which he replied it is currently month-to-month. Mr. Lambertson asked if the UBE would be for the property, to which Ms. Doerr replied that approval would be granted to Mr. Cannon's use on that property. Mr. Lambertson expressed concern giving anopen-ended approval to such a use because the City had never had experience with such a use on a permanent basis. He said he would feel more comfortable approving this application on a trial basis, and reviewing the status in a year. Mr. Adams agreed, adding that not only does this provide the applicant with incentive to grow and improve his business, but it also provides the Board with a precedent should other similar vendor come before the Board in the future. The Board discussed and recommended that the City Commission waive the $250 application fee for the one-year review since this will not be a new application. MOTION: Blaine Adams moved that the Community Development Board recommend approval to the City Commission of UBE-2010-02, a request for Use-by-Exception to permit operation of a produce market with outdoor sale and display of garden produce only at 1447 Mayport Road (Mayport Square Shopping Center) within the Commercial General Zoning District, finding that (1) approval of this Use-by-Exception is in compliance with the requirements of Section 24-63, Zoning and Subdivision and Land Development Regulations, and is also consistent with Section 24-112 defining the CG Zoning District; (2) the request is not contrary to public interest and is not detrimental to the health, safety and welfare of general public; (3) the proposed use is compatible with adjacent properties and other properties within the surrounding area; (4) the proposed use is consistent with the City's Comprehensive Plan and is consistent with the Commercial General Land Use designation; and incorporating the following conditions: • this initial approval is limited to one year from the time of final approval by the City Commission, at which time the applicant shall reappear before the Community Development Board to review compliance with all applicable City codes and regulations and the following conditions. • The site shall be kept neat and free of trash and debris, and all packing crates, etc, shall be concealed from view from the street, and • a permanent tent, of more substantial heavy-duty canvas or similar material shall be installed and maintained in good condition. Additionally, the Board recommends waiver of the applicant's UBE fee for the required one- year review. Kirk Hansen seconded the motion and it passed unanimously with no further discussion. Page 5 of 6