27-92 FAILED ON FIRST READING - 7/21/92
ORDINANCE NO. 27-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING APPENDIX A,
"DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY ENACTING A NEW DEFINITION FOR THE
.TERM "MARKET", CREATING A NEW SECTION '4.3.3(MM)
"MARKETS"; TO PROVIDE FOR RULES AND REGULATIONS
GOVERNING THE DESIGN OF MARKETS WITH THE CITY OF
DELRAY BEACH; TO PROVIDE FOR MARKETS AS A CONDI-
TIONAL USE IN THE GENERAL COMMERCIAL (GC) AND
CENTRAL BUSINESS DISTRICTS (CBD); PROVIDING A SAVING
CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach has
bec6me concerned with the proliferation of markets, bazaars, and flea
market type of retailing, and
WHEREAS, the City Commission of the City of Delray Beach has
determined that the market, bazaar, and flea market type of retailing
may have a detrimental effect on property values and the quality of life
for the citizens of Delray Beach unless properly regulated, and
WHEREAS, it is the desire of the City Comraission of the City
of Delray Beach to establish controls over the development of any
markets, bazaars, and flea markets within its city limits.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Appendix A, "Definitions", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
Market: A building, also known as a bazaar, flea market, or by
another name, where items are bought from independent merchants.
Each independent merchant within the market operates at a separate
and distinct location, with each location having access via an
internal walkway, courtyard, path, foyer, or common area. Items
sold include, but are not limited to, household items, antiques,
rare items, decorations, electronics, food, clothing, and other
miscellaneous items.
Section 2. That Chapter 4, "Zoning Regulations", Article 4.3,
"District Regulations, General Provisions", Section 4.3.3, "Special
Requirements for Specific Uses", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
(AA) Markets:
(1) Purpose and Applicability: The purpose of these
regulations is to mitigate the impacts which markets have on the
surrounding community. These impacts include~ but are not limited
to traffic, parking~ and signaqe. The types of markets which are
subject to the special regulations of this subsection include those
markets which have a gross floor area in excess of 10,000 square
feet.
(2) Special Regulation Considerations:
FAILED ON FIRST READING - 7/21/92
FAILED ON FIRST READING - 7/21/92
Due to the unique nature of markets, the following shall apply
to markets:
(a) Traffic: The applicant shall~ at the time the
conditional use application is submitted, submit a traffic
study prepared pursuant to the Palm Beach County Traffic
Performance Ordinance, and Section 2.4.3(E) of the City of
Delray Beach Land Development Regulations. The traffic
statement/study shall provide an assessment of the impacts of
the use as a 100% traffic attractor. No accommodations shall
be made for bypass trips or internal capture. On-site traffic
circulation shall also be included as part of the study.
(b) Parking: In addition to the applicable parking
requirements from Section 4.6.9(C), uses regulated by this
section shall provide at least one additional parking space
for each individual tenant or tenant space.
(c) Space Requirements: Within a markett at all times
the average active merchant space must exceed 600 square feet~
and no single merchant space may be less than 400 square feet.
Not more than 40 percent of the active merchant spaces shall
have a gross floor area of less than 600 square feet. Average
active merchant space is defined as the total square footage
of leased market spacet excludig aisles~ walkways~ and common
areas~ divided by the total number of merchants.
(d) Exception for Special Displays: An exception to
subsection (2)(c) is hereby provided in order to accommodate
unique and temporary uses which are to be located within the
pedestrian ways' and aisles. This exception shall allow
businesses to be conducted at a cart~ kiosk{ or similar
facility, providedt however~ that such uses shall not number
greater than 15 percent of the number of occupied tenant space
uses within the market.
(e) Signage: Only exterior signage which identifies the
name of the "market" is permitted. Directory signs and
individual business signs are not permitted. Exterior window
signage is also prohibited.
(f) Public Information Displays: Displays of public
information and community service shall not be subject to
these special regulation considerations.
(3) Procedural Requirements: Conditional Use Required: All
uses subject to Section 4.4.3(AA) may be established only after
review and approval pursuant to the conditional use process out-
lined in Section 2.4.5(E) of the Land Development Regulations of
the City of Delray Beach, Florida.
Section 3. That Chapter 4, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC)
District", Subsection 4.4.9(D), "Conditional Uses in Structures
Allowed", of the Land Development Regulations of the Code of Ordinances
of the City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
(8) F~ea ~arkets pursuant to Section 4.3.3(AA)
Section 4. That Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.13, "Central Business District",
Subsection 4.4.13(D), "Conditional Uses in Structures Allowed", of the
Land Development Regulations of the Code of Ordinances of the City of
2 ORD. NO. 27-92
FAILED ON FIRST READING - 7/21/92
FAILED ON FIRST READING - 7/21/92
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(15) Markets pursuant to Section 4.3.3(AA)
Section 5. 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 6. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 7. That this ordinance shall become effective within
ten (10) days of its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
rea~ing on this day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
3 ORD. NO. 27-92
FAILED ON FIRST READING - 7/21/92
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~ - MEETING OF JULY 21, 1992
ORDINANCE NO. 27-92 (MARKET ORDINANCE)
DATE: JULY 17, 1992
Ordinance No. 27-92, or the market ordinance, is once again
before the Commission for consideration on first reading. On
May 26, 1992, the City Commission requested a final review of the
proposed ordinance by the Planning and Zoning Board, Community
Redevelopment Agency, Chamber of Commerce and Downtown
Development Authority. Comments from the P&Z Board and CRA are
attached; no response was received from DDA or the Chamber.
Depending on how the Commission wishes to proceed with this
ordinance, there are considerations in terms of noticing and
advertising requirements. Chapter 166.041, F.S., sets forth
procedures for adoption of ordinances and resolutions. The
market ordinance has been determined by staff as one which would
substantially change permitted use categories in zoning districts
and, as such, would have to comply with statutory requirements,
as follows:
(1) Should the Commission pass Ordinance No. 27-92 on first
reading in its present form (i.e., provides for markets as a
conditional use in both the GC and CBD zoning districts),
more than five percent (5%) of the total land area of the
city will be affected. The Commission must then hold two
(2) advertised public hearings on the proposed ordinance,
both of which must be noticed by no less than a one-quarter
page newspaper advertisement. 1/4 page ads cost about
$750.00 per run x 2 runs = $1,500.00 in estimated
advertising costs.
(2) Should the Commission accept the CRA's recommendation to
delete the CBD zoning district, the ordinance would then
affect less than five percent (5%) of the land area of the
city. We would be required to notify by mail all owners of
GC zoned property, and provide this notice at least thirty
(30) days prior to the date set for the public hearing.
To: Mayor and City Commissioners
Re: Ordinance No. 27-92 (Market Ordinance)
CC Meeting of July 21, 1992 - Page Two
Significant areas of GC areas include the Federal Highway
corridors, Atlantic Avenue west of Swinton to the E-4 Canal west
of Congress, Linton Boulevard (Federal Highway to Congress
Avenue), and various pockets of commercial development such as
Linton/Military Trail, Atlantic/Military Trail, and Lowson
Boulevard/Congress Avenue.
Further, while not a legal requirement, staff feels it
advisable that a newspaper advertisement in display form be
provided under this scenario, which would run in the
neighborhood of $400 to $500.
(3) Should Ordinance No. 27-92 fail to pass on first reading, no
additional advertising/noticing will be necessary.
Recommend consideration of Ordinance No. 27-92 on first reading.
ORDINANCE NO. 27-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING APPENDIX A,
"DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY ENACTING A NEW DEFINITION FOR THE
TERM "MARKET", CREATING A NEW SECTION 4.3.3(MM)
"MARKETS"; TO PROVIDE FOR RULES AND REGULATIONS
GOVERNING THE DESIGN OF MARKETS WITH THE CITY OF
DELRAY BEACH; TO PROVIDE FOR MARKETS AS A CONDI-
TIONAL USE IN THE GENERAL COMMERCIAL (GC) AND
CENTRAL BUSINESS DISTRICTS (CBD); PROVIDING A SAVING
CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach has
become concerned with the proliferation of markets, bazaars, and flea
market type of retailing, and
WHEREAS, the City Commission of the City of Delray Beach has
determined that the market, bazaar, and flea market type of retailing
may have a detrimental effect on property values and the quality of life
for the citizens of Delray Beach unless properly regulated, and
WHEREAS, it is the desire of the City Cpmmission of the City
of Delray Beach to establish controls over th9 development of any
markets, bazaars, and flea markets within its cit~ limits.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Appendix A, "Definitions", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
Market: A building, also known as a bazaar, flea market, or by
another name, where items are bought from independent merchants.
Each independent merchant wlth£n the market operates at a separate
and distinct location, with each location having access via an
internal walkway, courtyard, path, foyer, or common area. Items
sold include, but are not limited to, household items, antiques,
rare items, decorations, electronics, food, clothing, and other
miscellaneous items.
Section 2. That Chapter 4, "Zoning Regulations", Article 4.3,
"District Regulations, General Provisions", Section 4.3.3, "Special
Requirements for Specific Uses", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
(AA) Markets:
(1) Purpose and Applicability: The purpose of these
regulations is to mitigate the impacts which markets have on the
surrounding community. These impacts included but are not limited
to traffic, parkinq~ and signaqe. The types of markets which are
subject to the special regulations of this subsection include those
markets which have a gross floor area in excess of 10~000 square
feet.
(2) Special Regulation Considerations:
Due to the unique nature of markets, the following shall apply
to markets:
(a) Traffic: The applicant shall~ at the time the
conditional use application is submitted~ submit a traffic
study prepared pursuant to the Palm Beach County Traffic
Performance Ordinance~ and Section 2.4.3(E) of the City of
Delray Beach Land Development Regulations. The traffic
statement/study shall provide an assessment of the impacts of
the use as a 100% traffic attractor. No accommodations shall
be made for bypass trips or internal capture. On-site traffic
circulation shall also be included as part of the study.
(b) Parking: In addition to the applicable parking
requirements from Section 4.6.9(C)~ uses regulated by this
section shall provide at least one additional parking space
for each individual tenant or tenant space.
(c) Space Requirements: Within a market~ at all times
the average active merchant space must exceed 600 square feet~
and no single merchant space may be less than 400 square feet.
Not more than 40 percent of the active merchant spaces shall
have a gross floor area of less than 600 square feet. Average
active merchant space is defined as the total square footage
of leased market spaced excludig aisles, walkways~ and common
areas~ divided by the total number of merchants.
(d) Exception for Special Displays: An exception to
subsection (2)(c) is hereby provided in order to accommodate
unique and temporary uses which are to be located within the
pedestrian ways and aisles. This exception shall allow
businesses to be conducted at a cart~ kiosk~ or similar
facility~ provided~ however~ that such uses shall not number
greater than '15 percent of the number of occupied tenant space
uses within the market.
(e) Siqnage: Only exterior slgnaqe which identifies the
name of the "market" is permitted. Directory signs and
individual business signs are not permitted. Exterior window
signage is also prohibited.
(f) Public Information Displays: Displays of public
information and community service shall not be subject to
these special regulation considerations. ~
(3) Procedural Requirements: Conditional' Use Required: All
uses subject to Section 4.4.3(AA) may be established only after
review and approval pursuant to the conditional use process out-
lined in Section 2.4.5(E) of the Land Development Regulations of
the City of Delray Beach~ Florida.
Section 3. That Chapter 4, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC)
District", Subsection 4.4.9(D), "Conditional Uses in Structures
Allowed", of the Land Development Regulations of the Code of Ordinances
of the City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
(8) F~ea Markets pursuant to Section 4.3.3(AA)
Section 4. That Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.13, "Central Business District",
Subsection 4.4.13(D), "Conditional Uses in Structures Allowed", of the
Land Development Regulations of the Code of Ordinances of the City of
2 ORD. NO. 27-92
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(15} Markets pursuant to Section 4.3.3(AA)
Section 5. 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 6. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 7. That this ordinance shall become effective within
ten (10) days of its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading /
Second Reading /
3 ORD. NO. 27-92
CITY COMMISSION DOCUMENTATION
TO: /~-~--D~ID T. HARDEN, CITY MANAGER
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JUNE 21, 1992
"FLEA MARKET ORDINANCE"
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of what is commonly referred to
as the "Flea Market Ordinance".
BACKGROUND:
Additional background is being provided by the City Attorney (as
to history, issues, and status) and from the City Clerk (as to
costs for advertising).
This memo deals only with C.R.A. and Planning and Zoning Board
reviews.
COMMUNITY REDEVELOPMENT AGENCY:
The C.R.A. commented on the latest draft at its meeting of June
18th. They asked that the regulations not apply within the
CBD zoning district based upon their feeling that the ordinance
would negatively impact redevelopment efforts. They
specifically identified the potential for a "festival
marketplace" at the former Ocean City Lumber site. See attached
letter of June 29, 1992.
NOTE: Deletion of the CBD zoning district area will result
in the proposed ordinance affecting less than 5% of the
land area of the City. As such, it may be interpreted as
an ordinance substantially affecting land use and
individual notice to potentially affected property owners
would be required.
City Commission Documentation
Flea Market Ordinance
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of June 15th. They found that the proposed ordinance
was not inconsistent with the Comprehensive Plan. They had no
further comments beyond those made in November, 1991. I note
that all of the comments have been accommodated with the
exception of the minimum floor area per tenant which was
recommended at 120 sq.ft, but is required to be 400 sq.ft.
RECOMMENDED ACTION:
Deferral to the City Attorney.
Attachment:
* C.R.A. letter of June 29, 1992
DJK/CCFLEA.DOC
Community
~ Redevelopment
· ~ Agency
' Delray Beach
June 29, 1992
CITY
Mr. David T. Harden --
City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
RE: Market Ordinance
Dear Mr. Harden:
On June 18, 1992, the CRA Board of Commissioners reviewed the Market Ordinance. We
respectfully request that the City Commissioner consider the following:
Land Development Regulations, Section 4.3.3, "Special Requirements for
Specific Uses", (AA) Markets; (2) Special Regulation Considerations,
should not be applied to the CBD Zoning District.
We feel that our redevelopment efforts in the downtown including the Ocean City Lumber
proposal, to create a festival marketplace, would be negatively impacted by the Ordinance.
Thank y~//Or your consideration.
Christopher J. Brown
Executive Director
/d
207 E. Atlantic Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407/276-8558
[ITY OF DELRI1Y BEI:I[H
June 11, 1992
Mr..Christopher J. Brown
Executive Director
Community Redevelopment Agency
207 East Atlantic Avenue
Delray Beach, FL 33444
Re: Market Ordinance
Dear Chris:
Enclosed is the most recent draft of the "Market" ordinance as
prepared by the City Attorney's office. This ordinance enacts a
new definition for the term "Market", creates a new LDR Section
4.3.3(MM) which provides for rules and regulations governing the
design of markets in the city, and further provides for markets
as a conditional use in the GC and CBD zoning districts.
Prior to considering any further action on this ordinance, the
City Commission has requested a final review by your agency.
Please schedule at the earliest opportunity and return your
comments and/or recommendations to my office, with a copy to the
City Attorney and the Director of Planning and Zoning.
Thank you for your cooperation.
Sincerely,
Alison MacGregor Harty
City Clerk
AMH/
Enclosure
cc: City Manager City Attorney
Director of Planning and Zoning
CITY OF DELRfl¥ BEI:I[H
June 11, 1992
Mr. William J. Wood
President
Chamber of Commerce
64 S.E. 5th Avenue
Delray Beach, FL 33483
Re: Market Ordinance
Dear Mr. Wood:
Enclosed is the most recent draft of the "Market" ordinance as
prepared by the City Attorney's office. This ordinance enacts a
new definition for the term "Market", creates a new LDR Section
4.3.3(MM) which provides for rules and regulations governing the
design of markets in the city, and further provides for markets
as a conditional use in the GC and CBD zoning districts.
Prior to considering any further action on this ordinance, the
City Commission has requested a final review by your agency.
Please schedule at the earliest opportunity and return your
comments and/or recommendations to my office, with a copy to the
City Attorney and the Director of Planning and Zoning.
Thank you for your cooperation.
Sincerely,
Alison MacGregor Harry
City Clerk
AMH/~
Enclosure
cc: City Manager
City Attorney
Director of Planning and Zoning
CITY ClF DELRrlV gEl:ICH
June 11, 1992
Mr. Frank R. Spence
Executive Director
Downtown Development Authority
207 East Atlantic Avenue
Delray Beach, FL 33444
Re: Market Ordinance
Dear Frank:
Enclosed is the most recent draft of the "Market" ordinance as
prepared by the City Attorney's office. This ordinance enacts a
new definition for the term "Market", creates a new LDR Section
4.3.3(MM) which provides for rules and regulations governing the
design of markets in the city, and further provides for markets
as a conditional use in the GC and CBD zoning districts.
Prior to considering any further action on this ordinance, the
City Commission has requested a final review by your agency.
Please schedule at the earliest opportunity and return your
comments and/or recommendations to my office, with a copy to the
City Attorney and the Director of Planning and Zoning.
Thank you for your cooperation.
Sincerely,
Alison MacGregor Harty
City Clerk
AMH/
Enclosure
cc: City Manager City Attorney
Director of Planning and Zoning
CITY 4qTTaRNEY'$ OFEICE TEL bio. 40'? 27,,'q,. 4TM, ~,._, i'4ay 22,~J2_. 1::4:,_:, _ ~', . ~']4 i~.4..
STY I)F I)ELRAY BE#gH
CITY ATTORNEY'S OFFICE ,... ,,w ,,, ,,,,~,~:. ~,:.~,¥ ~,,~,,, ,.,.o,,,~,. ~,,,
Writer's D~rect Line
(407) 243-~092
~MO~~
Date: May 22, 1992
To: C~ty Comm£ss£on /"
From: Jeffrey S. Kurtz, City Attorney~
Subject ~ Flea Ma.r .k.e t
The City Attorney's Office will presen~ =he revised flea market
ordXnance for Commission comments and ~irec=lon at your May
26th regular meeting.
JgKf]w
cc: David Harden~ City Manager