Sponsor
Alderman Wisneski
Title
Conditional Use Permit for a year-round farmers market at 3340 and 3316 Douglas Avenue be approved with conditions
Resolved, that the request by Matt Behrs and Melody Kloska for a Conditional Use Permit to operate a year-round farmers market at 3340 & 3316 Douglas Avenue be approved subject to the following conditions:
a. That the plans presented to the Plan Commission on May 11, 2011 be approved subject to the conditions contained herein.
b. If deemed acceptable by the Plan Commission, ten (10) spaces may be used for outdoor uses - five (5) for sales out of vehicles and five (5) for grilling areas. No more than one (1) space per vendor may be utilized, and all required inspections and permits shall be obtained from the Health Department and any other required permits shall be obtained prior to the use taking place.
c. That the hours of operation shall be Tuesdays from 1:00 p.m. - 6:00 p.m.; Fridays from 8:00 a.m. - 1:00 p.m.; Saturdays from 7:00 a.m. - 2:00 p.m.; and Sundays from 10:00 a.m. - 4:00 p.m.
d. That NO PARKING signs shall be installed along the eastern property line abutting 3310 Douglas Avenue prior to issuance of a Certificate of Occupancy. No parking for any use in this shopping area shall occur on this parcel.
e. That vendors or customers of the market may not utilize any of the existing parking spaces at 3320 Douglas Avenue (Dairy Queen).
f. That the project shall be brought back before the Plan Commission in six months to assess the business operations and parking situation. If the overflow parking is being used consistently, the applicant/owner shall be required to bring the area up to current parking lot standards as dictated by the Zoning Ordinance and Department of Public Works.
g. That, if other businesses desire to open in the existing vacant buildings, the applicant agrees to further reduce the number of vendors or make other concessions to the degree where there will be adequate parking available for the new tenants/businesses.
h. That all codes and ordinances be complied with and required permits acquired.
i. That all proposed signage shall be submitted for review and approval by the Access Corridor Development Review Committee and prior to issuance of building permits.
j. That, unless not possible due to the potential conflict with underground utilities in the South Street parkway, one street tree shall be planted along the west side of the entrance, and two street trees be planted along the east side of the entrance prior to issuance of a Certificate of Occupancy.
k. That those improvements as required by above conditions e., j. and k. shall be fully completed by June 4, 2011. If the applicant or owner fails to implement the required improvements by June 4, 2011, a financial security shall be provided to the City in an amount equal in value to the required improvements.
The financial security documents shall be submitted for the review and approval of the Director of City Development, shall be issued in the City's favor, shall be in effect for one year from the date of issuance, shall be extended beyond the expiration date if deemed necessary by the City of Racine, and shall require that the issuer give a 90 day notice to the Department of City Development prior to the expiration of said financial security.
The City is authorized by this conditional use permit to enter the site, implement the plan(s) and draw on the financial security for the cost of implementation if required improvements are not implemented by June 4, 2011. Any costs incurred in excess of the value of the financial security shall be paid by the applicant or owner or shall be imposed as a special charge against the real property in accordance with the applicable statute.
By operating under this conditional use, the applicant and owner give permission to the City to enter upon the property for purpose hereby described.
l. That no minor changes be made from the conditions of this permit without the approval of the Plan Commission and no major changes be made from the conditions of this permit without the approval of the Common Council.
Fiscal Note: N/A