CITY OF NORTH LAUDERDALE COMMUNITY DEVELOPMENT DEPARTMENT TO: THROUGH: BY: Mayor and City Commission Ambreen Bhatty, City Manager Tammy L. Reed-Holguin, Community Development Director DATE: September 13, 2012 SUBJECT: SEU 12-05 Sweet Pea Food Cart 7562 Southgate Blvd (Teleperformace) Special Exception Use request to permit an outdoor vendor at Teleperformance located in a Community Business (B-2) Zoning District. APPLICANT: Teleperformance The applicant is requesting a Special Exception Use permit to allow a permanent outdoor vendor, Sweet Pea Food Cart, to provide food service to the customers and employees at Teleperformance located at 7562 Southgate Blvd. This request is made in accordance with Article IV Businesses, Division 3- Outdoor Vendors, Sections 86-151 through 86-155 that allows permanent outdoor vendors subject to specific restrictions and requiring the applicant to obtain a special exception use permit. 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 in mind the changing business environment, while protecting the residents and visitors, the City s Code was amended to accommodate the placement of one outdoor vendor at certain locations. Since the adoption of the Ordinance, only one location (Home Depot) and one vendor have met the specifications to operate. To the best of staff s knowledge, there have been no incidents with that vendor or location. We are now in receipt of an application from a related operator for a similar business at Teleperformance, a location which also meets the specifications of the Code. Teleperformace has submitted an application, as the property owner and permanent place of business, to permit one outdoor vendor in the interior of the commercial development. The vendor submitted a letter of intent, affidavit of moral character and location plan. Staff has determined that the applicant has provided all the required documentation to support their request in accordance with the pertinent sections of the City s Code of Ordinances and that information is made a part of this report. Staff has reviewed the proposed request in light of the
guidelines and criteria contained in Sections 86-151 through 86-155 of the City Code. The applicant has met the following criteria: This will be the only outdoor vendor operating in the plaza. The City Attorney s office reviewed the application, insurance and affidavit and found them to be sufficient. Staff reviewed the proposed location on the submitted site plan and conducted a field visit and found the proposed location of the outdoor vendor to meet the guidelines. It is anticipated that the plaza will be able to accommodate any effect on access, traffic generation, road capacities and parking needs caused by the use for which the special exception use permit is being requested. The applicant will be required to provide for the mitigation of any additional impact upon the capacity of utilities, or public services, and to conform to the goals, objectives, policies and land uses established by the City s Code of Ordinances as a condition of approval. The Planning and Zoning Board meeting was held on September 4, 2012. Staff made a brief presentation and the floor was open to the public. The Board members had some questions for the applicant which included what type of food cart this was and what were the hours of operation. 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 Teleperformance and that all Code requirements will be 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 Sweet Pea Food Cart to operate at the Teleperformance. RECOMMENDATION: The Planning and Zoning Board and the Staff would like to request Commission s consideration and approval of the proposed SEU permit subject to the following conditions: 1. That all terms, conditions, and provisions imposed herein, including all life, health, and safety Codes pertaining to this facility are met prior to commencing and during operation. 2. 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 shall make all improvements required to mitigate these nuisances so as not to negatively impact adjacent commercial/residential areas. 3. Applicant shall obtain proper approval such as Local Business Tax Receipt from the City and any outside agencies such as the County Health Department. 4. That all applicable City and Florida Building Codes regarding such an operation shall be met.
5. Hours of operation are Monday to Fridays from 11:00 A.M. to 5:00 P.M. The applicant must return to the City Commission should the need arise to change the hours of operation. 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 (Sweet Pea Food Cart) at the Teleperformance, in a Community Business (B-2) Zoning District subject to the conditions outlined in the staff s memorandum.