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28-96 FAILED ON FIRST READING - JULY 23, 1996 ORDINANCE NO. 28-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24 (D), "CG~DITIONAL USES AND STRUCTURES ~LrOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING 'OPEN AIR FARMERS MARKET' AS A CONDITIONAL USE; AMENDING APPENDIX A, "DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS BY ADDING A DEFINITION FOR ' FARMERS MARKET'; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meetings of June 17, 1996, and July 15, 1996, and voted unanimously to forward the change with a recommendation of approval; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Plann/ng Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY ODMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. ~nat Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD) ", Subsection 4.4.24 (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the OSSHAD: (!) The existence of more than one residential use on a parcel upon which there is mixed use (residential and non-residential usage). More than one residential unit may be located within a mixed use structure. (2) On a parcel that has as its principal use a non-residential use, residential use which occurs other than as provided for in Subsection (C) (2). (3) Outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant. (4) Adult congregate living facilities, alcohol and drug abuse treatment facilities, child care, adult day care, continuing care, convalescent homes, and nursing homes. FAILED ON FIRST READING - JULY 23, 1996 FAILED ON FIRST READING - JULY 23, 1996 (5) Parking lots not associated with a use. (6) Open Air Farmers Market Section 2. That Appendix A, "Definitions", of the Land Development P~gulations of the City of Delray Beach, Florida, be, and the same is hereby amended by adding, alphabetically, the following definition: FARMERS MARKET An occasional or periodic market held in open air where agricultural produce and related ~roducts are offered for sale to the general public by the growers or .producers from open or semi-open facilities or temporary structures. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1996. MAYOR ATIF~T: City Clerk First Reading Second Beading - 2 - Ord. No. 28-96 FAILED ON FIRST READING - JULY 23, 1996 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM ~ /OR - REGULAR MEETING OF JULY 23, 1996 FIRST PUBLIC HEARING & FIRST READING FOR ORDINANCE NO. 28-96 (FARMERS MARKET AS CONDITIONAL USE IN OSSHAD) DATE: JULY 19, 1996 This is first reading add the first of tw~ required public hearings for Ordinance No. 28-96 which amends Section 4.4.24(D) of the Land Development Regulations by adding 'Open Air Farmers Market' as a conditional use in the Old School S~are Historic Arts District (OSSHAD). It also provides for a definition of 'Farmers Market' to the definitions appendix of the LDRs. The proposed text amendment is in response to the Joint Venture's proposal to have a farmers market in the CRA parking lot across from the community center/tennis center. It is planned for Saturday mornings during mid-November through the end of May. The use is proposed as a conditional use which will provide greater control through review of potential impacts and application of appropriate conditions. The specific definition of a ' farmers market' is included to clearly differentiate it from a flea market which would not be appropriate for inclusion in the OSSHAD district. The Planning and Zoning Board considered the amendments at public hearings on June 17, 1996 (adding the use) and July 15, 1996 (definition). There was no public testimony and the Board voted unanimously to recommend approval. Recommend approval of Ordinance No. 28-96 on first reading. If passed, a second public hearing will be scheduled for August 6, 1996. ref: agmemo6 TO: DAVID T. HARDEN, CITY MANAGER THRU: DIAN~E~DOMINGUEZ, DIRECTOR  E~NNING AND ZONING FROM: PAUL DORLING PRINCIPAL PLANNER SUBJECT: MEETING OF JULY 23, 1996 AMENDMENT TO LDR SECTION 4.4.24(D) ADDING "OPEN AIR FARMER'S MARKET" AS A CONDITIONAL USE WITHIN THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT AND AN AMENDMENT TO THE DEFINITION SECTION OF THE LDR'S TO ADD A DEFINITION OF "FARMER'S MARKET". The action requested of the City Commission is that of aD.Droval of amendments to LDR Section 4.4.24(D) and the definition section of the LDR's. The amendments will add "Open Air Farmers Market" as a conditional use to the OSSAD zoning district and a new definition of Farmer's Market to the definition section of the LDR's. The amendments are in response to the Delray Beach Joint Venture request to conduct a Farmer's Market in the CRA parking lot located between Swinton Avenue and N.W. 1st Avenue, just north of Atlantic Avenue. The event is planned once a week (Saturdays) during the growing season (approximately 5 1/2 months a year). The parking lot has a zoning designation of OSSHAD, which currently does not allow Farmer's Markets as a permitted or conditional use. The overall intent of allowing the use (Farmer's Market) is to promote revitalization of the downtown through a mix of uses intended to generate pedestrian activity along Atlantic Avenue and the adjacent streets. A Farmer's Market in the area will draw a number of people to the downtown on a regular basis, and is consistent with the City's City Commission Documentation Farmer's Market Use and Definition Amendments Page 2 plans for redevelopment of the area. Farmer's Markets also evoke a sense of tradition and community, which are consistent with the preservation theme of the OSSHAD zoning district. The use is proposed as a conditional use, which will provide greater control through review of potential impacts and application of appropriate conditions. In reviewing other municipalities' regulations and how they define farmer's markets, West Palm Beach and Palm Beach County consider farmer's markets similar to flea markets. Both governments classify flea markets and similarly farmer's markets as "outdoor retail sales area in which parcels of land are rented to individual merchants to display and sell goods". The City of Delray Beach's definition of flea markets is listed as "A market, usually in the open air, selling antiques, used household goods, curios, or the like". Flea markets will not promote revitalization of downtown nor evoke a sense of tradition and community. Therefore, flea markets are not allowed, nor are they desired in the OSSHAD district. To dispel any confusion between the types of uses a specific definition of a "farmer's market" is required. The attached definition meets this requirement. The Planning and Zoning Board considered the requests at public hearings on June 17, 1996 (adding the use) and July 15,1996 (definition). No one from the public spoke for, or against the proposal. The Planning and Zoning Board recommended approval to add the conditional use on a unanimous 7-0 vote and to add the definition on a 6-0 vote (Carolyn Young absent). By Motion, approve Ordinance No. 28-96 to LDR Section 4.4.24(D) adding "Open Air Farmer's Market" as a conditional use to the OSSAD zoning district and adding a definition of "Farmers Market" to the definition section of the LDR's. Attachments: · Strike Through and Underline of Changes · Copy of Ordinance No. 28-96 LDR Section 4.4.24 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: (1) The existence of more than one residential use on a parcel upon which there is mixed use (residential and non-residential usage). More than one residential unit may be located within a mixed use structure. [Amd. Ord. 13-93 2~23~93] (2) On a parcel that has as its principal use a non-residential use, residential use which occurs other than as provided for in Subsection (C)(2). [Amd. Ord. 13-93 2123193] (3) Outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant. [Amd. Ord. 13-93 2/23/93] (4) Adult congregate living facilities, Alcohol and Drug Abuse treatment facilities, Child Care, Adult Day Care, Continuing Care, Convalescent Homes, and Nursing Homes. (5) Parking lots not associated with a use. (6) Open Air Farmer's Market. CITY OF DELRAY BEACH NOTICE OF CONDITIONAL USE CHANGE WITHIN THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) ORDINANCE NO. 28.96 .The City of Delray Beach proposes to change the list of conditional uses allowed with the Old School Square Historic Arts District (OSSHAD) by adopting the following ordinance: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING 'OPEN AIR FARMERS MARKET' AS A CONDI'TIONAL USE; AMENDING APPENDIX A, "DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS BY ADDING A DEFINITION FOR 'FARMERS MARKET'; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Commission will conduct two (~) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held on TUESDAY~ JULY 23~ 1996~ AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, FlOrida. If passed on First Reading, a second Public Hearing will be held on TUESDAY~ AUGUST 6~ 1996~ AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission). All interested citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments in writing on or before the date of th'~se hearings to the Planning and Zoning Department. For further information or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 407/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO ES. 286.0105. PUBLISH: The News CITY OF DELRAY BEACH July 15, 1996 Alison MacGregor Harty July 31, 1996 City Clerk Ad #702171 ". CITY OF DELRAY BEACH NOTICE OF CONDITIONAL USE CHANGE WITHIN THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) ORDINANCE NO. 28-96 The City of Delray Beach proposes to change the list of conditional uses allowed within the Old School S(~are Historic Arts District (OSSHAD) by adopting the following ordinance: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING 'OPEN AIR FARMERS MARKET' AS A CONDITIONAL USE; AMENDING APPENDIX A, "DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS BY ADDING A DEFINITION FOR ° FARMERS MARKET'; PRDVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Commission will conduct tw~ (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held on TUESDAY~ JULY 23, 1996, AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission), in the Commission Cb~3mbers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If passed on First Reading, a second Public Hearing will be held on TUESDAY, AUGUST 6, 1996, AT 7:00 P.M.. (or at any continuation of such meeting which is set by the Commission). All interested citizens are invited to attend the public hearings and comment upon the proposed ordinance or suk~it their comments in writing on or before the date of these hearings to the Planning and Zoning Department. For further information or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 407/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Mond_ay through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. PUBLISH: Delray Beach News CITY OF DELRAY BEACH July 15, 1996 Alison MacGregor Harty July 31, 1996 City Clerk ************************************************************************** Instructions to Newspaper: This ad is not to be placed in the legal ads/classified section of the newspaper. It must be at least two standard columns wide and ten inches long. The entire headline [CITY OF DELRAY BEACH NOTICE OF CONDITIONAL USE CHANGE WITHIN THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) ORDINANCE NO. 28-96] must be an 18 point bold headline. Thank you. MEETING OF: July '15, 1996 AGENDA ITEM: V.D. AMENDMENT TO THE DEFINITION SECTION OF THE LDR'S TO ADD A DEFINITION OF "FARMER'S MARKET". The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the definitions, within the LDR's to add a definition of "Farmer's Market". On June 10 ,1996 at a special meeting the Planning and Zoning Board initiated an amendment to allow the farmer's market use in the OSSHAD (Old School Square Historic Arts District). On June 17, 1996 the Planning and Zoning Board recommended to add the use to the OSSHAD district. The amendment is scheduled for consideration by City Commission on July 23, 1996. The amendment was in response to the Delray Beach Joint Venture's request to conduct a Farmer's Market in the CRA parking lot located between Swinton Avenue and NVV 1st Avenue, just north of Atlantic Avenue. The event is planned once a week (Saturdays) during the growing season (approximately 5 1/2 months a year). The parking lot has a zoning designation of OSSHAD, which currently does not allow Farmer's Markets as a permitted or conditional use. In processing the aforementioned request it was apparent that a specific definition was needed to assure that the proper mix of uses would result. In addition a clear definition is required to appropriately restrict other non desirable yet somewhat similar uses i.e. flea markets. The overall intent of allowing the use (Farmer's Market) is to promote revitalization of the downtown through a mix of uses intended to generate pedestrian activity along Atlantic Avenue and the adjacent-streets. A Farmer's Market in the area will draw a number of people to the downtown on a regular basis, and is consistent with the City's plans for redevelopment of the area. Farmer's Markets also evoke a sense of tradition and community, which are consistent with the preservation theme of the OSSHAD zoning district. The use is proposed as a conditional use, which will provide greater control through review of potential impacts and application of appropriate conditions. V.D. P&Z Memorandum Staff Report Amendment to LDR's Adding "Farmer's Market" Definition Page 2 In reviewing other municipalities ordinances and how they define farmer's markets, West Palm Beach and Palm Beach County consider farmer's markets similar to flea markets. Both governments classify flea markets and similarly farmer's markets as an "outdoor retail sales area in which parcels of land are rented to individual merchants to display and sell goods". The City of Delray Beach's definition of flea markets is listed as "A market, usually in the open air, selling antiques, used household goods, curios, or the like". Flea markets are not being proposed for inclusion in the OSSHAD district. To dispel any confusion between the types of uses and to emphasize that the two are distinctly different uses a specific definition of a "farmer's market" is required. The attached definition meets this requirement. 1. Continue with direction. 2. Recommend approval of the LDR amendment to add the "Farmer's Market" definition to the definition section of the LDR's. 3. Recommend denial of the LDR amendment with reason stated. By motion, recommend approval to City Commission of the amendment to the Land Development RegulatiOns, to add the attached definition of "Farmer's Market" to the definitions section of the LDR's. Attachments: · Proposed LDR Amendment (definitions) MEETING OF: JUNE 17, 1995 AGENDA ITEM: V.C. AMENDMENT TO LDR SECTION 4.4.24(D) ADDING "OPEN AIR FARBER'S BARKET" AS A CONDITIONAL USE WITHIN THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT. ~:~:~:~:~:~:~:~:~:~:~::~:~:~:~:~:~:~:~:~.. ........ ~ ....... ... ~ .::. ~ .... :~ ~:.- The item before the Board is that of making a recommendation to the Gi~ Commission regarding an amendment to Section 4.4.24(D) of the Land Development Regulations (Conditional Uses in the Old School Square Historic A~s District). The Downtown Joint Venture wishes to conduct a Fa~er's Manet in the C~ parking lot located be~een Swinton Avenue and N.W. 1st Avenue, just nodh of Atlantic Avenue. The event is planned on~ a week (Saturdays) during the growing season (approximately 5 1/2 months a year). The parking lot has a zoning designation of OSSHAD (Old School Square Historic Ads District), which does not allow Farmer's Markets as a permiRed or conditional use. Pumuant to LDR Section 2.4.4(A), an amendment to the Land Development Regulations may be initiated by the either the Planning and Zoning Board or City Commission. The Planning and Zoning Board initiated this amendment at their June 10, 1996 special meeting. ................ ... ~......~.~.......~.....~.~.........:....?...?.:..-.?.~........?,........?.?. ,......~.......?..,......~........?.~............~ .;.-.-,?[.i .-.-,; .;,; .-.-.; .;~; .~-,-.;.;.;---.-~,-; .;..-...,;.;.~,.,-, .;,..,;.;.;,~,-~,,-.-.~ ?:~:~-:-:~:?:.:-:-:<<+:,;<-:-:-:?:.:-:-:; .:-:?:; ~-:;:~:;:.:-:;:; .:.:?; ;:.:.:. ?;:.:~.:;:?:-:?;~,:.:<; ,~ A Farmer's Market would be allowed as a conditional use in the CBD (Central Business District) zoning, which has similar characteristics to OSSHAD. Both districts promote revitalization of the downtown through a mix of uses intended to generate pedestrian activity along Atlantic Avenue and the adjacent streets. A Farmer's Market in the area will draw a number of people to the downtown on a regular basis, and is consistent with the Ci~'s plans for redevelopment of the ama. Farmer's Markets also evoke a sense of tradition and communi~, which are consistent with the pmse~ation theme of the OSSHAD zoning district. The use is proposed as a conditional use, which will provide greater control through review of potential impacts and application of appropriate conditions. V.C. P&Z Memorandum Staff Report Amendment to LDR Section 4.4.24(D) Adding "Open Air Farmer's Market" Page 2 1. Continue with direction. 2. Recommend approval of the LDR amendment to Section 4.4.24(D). 3. Recommend denial of the LDR amendment with reason stated. By motion, recommend approval to City Commission of the amendment to the Land Development Regulations, to add "Open Air Farmer's Market" as a conditional use in the OSSHAD (Old School Square Historic Arts District). Attachments: · Proposed LDRAmendment LDR Section 4.4.24 (D) Conditional U~es and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: (1) The existence of more than one residential use on a parcel upon which there is mixed use (residential and non-residential usage). More than one residential unit may be located within a mixed use structure. [Amd. Ord. 13-93 2/23193] (2) On a parcel that has as its principal use a non-residential use, residential use which occurs other than as provided for in Subsection (C)(2). [Amd. Ord. 13-93 2/23193] (3) Outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant. [Amd. Ord. 13-93 2123193] (4) Adult congregate living facilities, Alcohol and Drug Abuse treatment facilities, Child Care, Adult Day Care, Continuing Care, Convalescent Homes, and Nursing Homes. (5) Parking lots not associated with a use. (6) Open Air Farmer's Market.