CITY OF
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Mayor and City
Commission
FROM: Richard D. Sala, City
Manager
BY: Tammy
L. Reed-Holguin, Community Development Director
DATE: July 19, 2007
SUBJECT: SEU
07-04 MMJ Hot Dogs Inc.
Special
Exception Use permit request to operate a Permanent Outdoor Vendor operation
(MMJ Hot Dogs, Inc.) within a General Business (B-3) Zoning District.
APPLICANT: Home Depot
The applicant is requesting a Special
Exception Use permit to allow a permanent outdoor vendor, “MMJ Hot Dogs Inc”,
to provide food service to the customers and employees at the Home Depot store
located at
As the City redevelops and creates new and diverse opportunities for commerce, it strives to insure that businesses are conducted in a manner that will preserve the safety of pedestrians, will not create a public nuisance, will not increase traffic congestion or delays, will not constitute a hazard to traffic, life or property, or create an obstruction to adequate public safety or health. Keeping these goals in mind, the recently approved Ordinance permits permanent outdoor vendors but provides restrictions on location, manner of operation, relationship to the anchor business and the number of vendors licensed. The applicants are required to submit an application including, but not be limited to, a letter of intent, a site plan showing the area where the outdoor vendor will be stationed, criminal background check on vendor, proper license from other applicable regulatory agencies and associated fee. The anchor business sponsoring the vendor must be housed in one building with a gross square footage of no less than 100,000 square feet and only one outdoor vendor will be permitted per commercial plaza.
The applicant has submitted a special exception use permit application that indicates that the operating hours of the proposed use will be from 9:00 A.M. to 5:00 P.M. Monday through Sunday. The stand will be closed on the days that Home Depot is closed for business.
It is always the staff’s objective to review any application in the best interest of all businesses and residents, subject to the City Code. Staff is confident that the proposed use would not create a public nuisance or be injurious to other properties or businesses. The center appears to be able to accommodate any anticipated effect on traffic generation, parking demand and road capacities caused by this use.
The Planning and Zoning Board meeting was held on June 5, 2007. Staff made a brief presentation and the floor was open to the public. The Board members had some questions for the applicant which included insuring appropriate attire, that trash is removed daily, there are no deliveries to the site, signage is limited to the cart, any umbrellas are high enough not to inflict injury and the cart does not interfere with ingress or egress to the store. All questions were addressed to the satisfaction of the Board by the applicant. Taking into consideration that the proposed use will provide a supplementary benefit to the employees and customers of the Home Depot and that all Code requirements have been met and no adverse effects have been identified, the Planning and Zoning Board adopted a motion to recommend approval of the proposed Special Exception Use permit to the City Commission to allow MMJ Hot Dogs Inc to operate at the Cypress Lakes Plaza.
RECOMMENDATION:
The City Administration would like to request that the City Commission make a motion to recommend approval of the proposed SEU permit subject to the following conditions:
- That the applicant complies with all applicable codes of the City regarding the operation of accessory business. That all terms, conditions, and provisions imposed by the City Commission, Planning and Zoning Board, and staff, including all life, health, and safety Codes pertaining to this facility are met prior to commencing and during operation.
- In the event that any problems arise as a result of the operation of this establishment, such as noise, parking, traffic and/or other nuisances, the applicant makes all improvements required to mitigate these nuisances so as not to negatively impact adjacent commercial and residential area.
- Applicant shall obtain proper approvals such as Certificate of Occupancy and Local Business Tax Receipt (formally known as Occupational License) from the City.
MOTION:
If the Commission concurs with this request, a motion is in order to approve the proposed Special Exception Use permit to allow a Permanent Outdoor Vendor (MMJ Hot Dogs, Inc.) at the Cypress Lakes Plaza, in a General Business (B-3) Zoning District subject to the conditions outlined in the staff’s memorandum.
