TO: Margate CRA Chair and Members of the Board
FROM: Cale Curtis, CRA Executive Director
DATE: August 20, 2024
Title
APPROVAL OF A TEMPORARY USE AGREEMENT BETWEEN THE MARGATE COMMUNITY REDEVELOPMENT AGENCY AND THE MARGATE-COCONUT CREEK KIWANIS CLUB FOR THE SALE OF CHRISTMAS TREES AND RELATED ITEMS ON MCRA OWNED PROPERTIES LOCATED AT 1491 NORTH STATE ROAD 7 AND 5750
N.W. 15 STREET.
BACKGROUND: Last year, the Margate-Coconut Creek Kiwanis held its annual Christmas tree sale on MCRA-owned property located at the corner property at North State Road 7 and N.W. 15 Street. This year, Ronald Huffman, president, Margate-Coconut Creek Kiwanis is requesting use of the same property - a property that is comprised of two parcels: 1491 North State Road 7 and 5750 N.W. 15 Street. Mr. Huffman is requesting the rental of the entire corner property from November 8, 2024 to December 23, 2024 for a total of 46 days, as detailed in the attached proposal.
Margate-Coconut Creek Kiwanis is requesting use of the properties as follows:
• November 8, 2024 through November 20, 2024 (13 days set up)
• November 21, 2024 through December 20, 2024 (30 days of operation)
• December 21, 2024 through December 23, 2024 (3 days take down)
The hours of operation will be from 9:00 am until 10:00 pm daily.
As indicated in the proposal, an electrical pole was installed on the property during the 2023 sales event and Mr. Huffman is requesting they utilize the same temporary electrical service to supply power to the lot. He also is requesting permission to install a temporary water meter on the property, at their cost to provide a water source for the trees as well as pay for the consumption of any water.
The MCRA Event Policy allows for seasonal sales up to 30 days. If the MCRA Board approves the Temporary Use Agreement, the request will also need to go through the Temporary Use Permit (TUP) process and go before the City Commission due to the length of the event.
It is important to note that City Code Section 3.24 - Temporary Use Permits makes a distinction between seasonal sales and Temporary Use Permits (TUP) for all other events, the latter having set-up and tear down days.
(C) Maximum time limit: A maximum time limit shall be established for all TUP’s based on the minimum amount of time needed to conduct the permitted activity.
(1) TUP’s related to real estate development projects shall not be maintained longer than the time necessary to complete the construction of the project (issuance of the final certificate of occupancy).
(2) Seasonal sales shall be limited to 30 consecutive calendar days.
(3) Walkway or parking lot sales shall be limited to seven consecutive calendar days.
(4) TUP’s for all other events shall not be maintained longer than a total of 21 consecutive calendar days, such that an event may utilize up to three days for set-up prior to the commencement for an event, up to 15 days to hold the event, and up to three days after the close of an event for tear down and clean up.
(5) As an exception to the above, the Development Services Department may grant an extension to a TUP of not more than seven consecutive calendar days for unforeseen circumstances, such as natural disturbances, but not including economic hardships.
(6) All events approved by TUP shall close by 10:00 p.m., unless approved for a later time by the City Commission.
In 2023, Development Services approved a Temporary Use Permit (TUP) for a seasonal sales event for a period of 47 days. The current request is for 46 days in total.
In addition, the Margate-Coconut Creek Kiwanis is requesting a waiver of the $2,500 Event fee (fee for Sales per MCRA Event Policy). It should be noted that neither of the requested properties is specifically listed in the current MCRA Event Policy.
The MCRA Event Policy states that the use of the MCRA property shall be restricted to sponsors who have a business, non-profit organization or religious institution in the City of Margate. Further and according to the Policy, the MCRA Board may grant a reduction or waiver of fees upon written request by the sponsor and based upon the following considerations:
• The event is for one day only
• The event is sponsored by an entity other than a for-profit business, provides a specific community benefit, and is consistent with the MCRA’s economic development and revitalization goals.
• The sponsoring organization demonstrates that paying the fee would create a hardship and detract from the objective of the event.
Hart-T-Tree Farms, the tree vendor, will also provide proof of liability insurance and hold harmless agreements, in addition to those provided by the Kiwanis, the sponsoring organization.
In conclusion, Margate-Coconut Creek Kiwanis is requesting the following:
1. To use two parcels of MCRA owned properties: 1491 N. State Road 7 & 5750 NW 15 Street
2. To request the Board’s permission to use temporary electrical service and install a temporary water meter, at Kiwanis’s expense
3. To waive the rental fee
RECOMMENDATION: For Board discussion and action. If MCRA Board wishes to grant use of the properties for 46 days, the item will require City Commission approval since City Code limits seasonal sales to 30 consecutive days.
FISCAL IMPACT: $2,500 for waiver of the Event Fee for Sales per event Policy
CONTACT PERSON: Cale Curtis, CRA Executive Director