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51-92 ORDINANCE NO. 51-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 1, "GENERAL PROVISIONS", SECTION 1.4.5 "DEFINITIONS" (APPENDIX A), CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT" AND SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY FURTHER DEFINING THE TERM "FLEA MARKETS" AND PROVIDING FOR SUCH USE AS A CONDITIONAL USE IN THE GENERAL COMMERCIAL AND CENTRAL BUSINESS DISTRICTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND 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, it is the desire of the City Commission of the City of Delray Beach to establish controls over the development of any markets, bazaares, and flea market type of retailing 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 Chapter 1, "General Provisions", Section 1.4.5, "Definitions" (Appendix A), 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: BAZAAR A market characterized by shops and stalls along a pathway, usually for the sale of miscellaneous articles. FLEA MARKET A market~ usually in the open air, sellinq antiques, used household goods, curios, or the like. MERCHANDISE MART A market where groups of retailers sell goods at discounted~ warehouse, or cost prices. Section 2. That Chapter 4, "Zoning Regulations", Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(D), "Conditional Uses and 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: (9) Flea Markets, bazaars, merchandise marts, and similar retail uses. Section 3. That Chapter 4, "Zoning Regulations", Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(D), "Conditional Uses and 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 by adding a new Paragraph (15) to read as follows: (15) Flea Markets{. bazaars~ merchandise marts, and similar retail uses. 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 all ordinances or parts of ordinances in conflic~ herewith be and the same are hereby repealed. Section 6. 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 the 27th day of October , 1992. ATTEST: ~ty' ~l~rk First Reading October 13, 1992 Second Reading October 27, 1992 -2- Ord. No. 51-92 TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/~f SUBJECT: AGENDA ITEM ~ /O ~_ MEETING OF OCTOBER 27, ~992 ORDINANCE NO. 51-92 DATE: OCTOBER 23, 1992 This is the second reading of an ordinance amending the Land Development Regulations by further defining the term "flea markets" and providing for such use as a conditional use in the General Commercial and Central Business Districts. This item has been before the City Commission, in one form or another, for more than a year. Earlier this year, the Commission denied a Ordinance No. 54-91 which attempted to define and regulate flea markets and directed staff to come back with a simpler approach. The Planning and Zoning Board, at their September 21st meeting, reviewed this item. Their comments and recommendations have been incorporated into Ordinance 51-92. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 51-92 on second and final reading. ORDINANCE NO. 51-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BE~CH, FLORIDA, AMENDING CHAPTER 1, "GENERAL PROVISIONS", SECTION 1.4.5 "DEFINITIONS" (APPENDIX A), CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT" AND SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY FURTHER DEFINING THE TERM "FLEA MARKETS" AND PROVIDING FOR SUCH USE AS A CONDITIONAL USE IN THE GENERAL COMMERCIAL AND CENTRAL BUSINESS DISTRICTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND 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, it is the desire of the City Commission of the City of Delray Beach to establish controls over the development of any markets, bazaares, and flea market type of retailing 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 Chapter 1, "General Provisions", Section 1.4.5, "Definitions" (Appendix A), 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: BAZAAR A market characterized by shops and stalls along a pathway, usually for the sale of miscellaneous articles. FLEA MARKET A market, usually in the open air, selling antiques, used household goods, curios, or the like. MERCHANDISE MART A market where groups of retailers sell goods at discounted, warehouse, or cost prices. Section 2. That Chapter 4, "Zoning Regulations", Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(D), "Conditional Uses and 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: (9) Flea Markets, bazaars, merchandise marts, and similar retail uses. Section 3. That Chapter 4, "Zoning Regulations", Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(D), "Conditional Uses and 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 by adding a new Paragraph (15) to read as follows: (15) Flea Markets, bazaars, merchandise marts, and similar retail uses. 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 all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 6. 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 the __ day of , 1992. MAYOR ATTEST: City Clerk First Reading Second Reading CITY COMMISSION DOCUMENTATION TO: //'q~A~D T. HARDEN, CITY MANAGER FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF OCTOBER 13, 1992 FIRST READING: ORDINANCE RE FLEA MARKETS AND SIMILAR USES ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance which provides further definition to the term "flea markets" and which allows such use in the CBD Zoning District. BACKGROUND: This item has been before the City Commission, in one form or another, for more than a year. Earlier this year, the City Commission denied Ordinance No. 54-91 (previous attempt at further defining and regulating flea markets) and provided direction to the Administration to come back with a simpler approach. Please see the attached Planning and Zoning Board staff report for a chronology of events and considerations of this item. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of September 21, 1992, and forward the text amendment as contained in the attached ordinance. The Board's recommendation provides for operation within a flexible regulatory environment. This is accomplished by adding the words "bazaar", "farmer's market", "mini-mart", and "similar uses" to the Conditional Use portion of the GC regulations which currently contains the words "flea markets". Also, the above words would be added to the CBD Zoning District, again, as a Conditional Use. Thus, a petition for such a use would be subject to the Conditional Use process. During such review, the criteria and topics raised during the review of proposed Ordinance No. 54-91 could be considered on a~"as applicable" basis. Additionally, standard definitions for each of the terms are added to the Definition Section. City Commission Documentation 1st Reading: Ordinance Re Flea Markets & Similar Uses Page 2 RECOMMENDED ACTION: By motion, approval of this proposed ordinance on first reading. Attachment: * P&Z Staff Report & Documentation of September 21, 1992 DJK/CCFLEA.DOC PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT TO: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH SUBJECT: REGULAR MEETING OF SEPTEMBER 21~ 1992 CONSIDERATION OF AN AMENDMENT TO THE LDRs RE FLEA MARKETS AND SIMILAR USES ITEM BEFORE THE BOARD: The action requested of the Board is that of review and comment upon a proposed modification to Sections 4.4.9(D)(9) and 1.4.5 Definitions of the LDRs. These proposed changes provide further description and definition to the term "flea market" and similar uses. Section 1.1.6(A) provides that prior to action on a proposed amendment to the LDRs, a recommendation is obtained from the Planning and Zoning Board. BACKGROUND: A Brief Chronology~ * In 1990, the concept of a "mini-mall" in the former Sink-n-Swim location (CBD) was proposed and received some general support as an activity to fill vacant floor space in the downtown. Administratively, it was determined that provided: inventory was retained on the premises, there were normal hours of operation for all tenants, and each retailer operated within an area separated from others by walls which required building permits (as opposed to temporary, moveable petitions), the resulting use was that of a retail operation. * In 1991, the "mini-mall" concept was permitted in the shopping center at N. Federal Highway and 14th Street (subsequently the use failed and no longer exists). * Also in 1991, a concept promoted as a "bazaar"/"flea market" was proposed for the former Ames building on Military Trail. The promoter advocated that the use would be conducted as a "mini-mall" (described above). In response to citizen concern about the proposal, direction was given (by the City Commission) to the Administration to create an ordinance which would further regulate mini-malls, bazaars, and flea markets. Direction was given to proceed with classification as a Conditional Use, a broad definition, special performance standards for minimum tenant size, parking, traffic impact analysis, signage, and architectural (interior) review. P&Z Memorandum Staff Report Consideration of an Amendment to the LDRs Re Flea Markets & Similar Uses Page 2 [NOTE: A complete building permit was not submitted for conversion of the Ames building, but based on the information that was formally submitted the Director ruled that the proposal was, indeed, a flea market and would be subject to Conditional Use approval]. * August, 1991: - Draft of Ordinance No. 54-91 released. - Draft approved on first reading on August 13th. - CRA objection @ meeting of August 15th. - DDA expressed opposition. - P&Z Board deferred consideration until a collective meeting could be held. - Revised draft approved on first reading, August 27th. * September, 1991 - P&Z, CRA, DDA joint meeting on September 5th at which P&Z recommended approval, only after substantial changes be made. The changes provided for exceptions, change in definition, and other matters. - City Commission, on September 10th, directed the Administration to make further changes to the draft ordinance. * October, 1991 - City Commission referral of latest draft of ordinance to the P&Z Board for review. This draft was .consistent with the Board's previous recommendations. Some direction was to make the ordinance "stronger", to prohibit flea markets, to accommodate downtown festival markets, to exempt geographic areas. - P&Z Board deferred consideration until November but directed staff coordination prior to its next meeting. * November, 1991 - No substantial recommendations came from the staff coordination meeting. - P&Z Board forwarded the draft ordinance with a few additional changes. - CRA affirmed opposition by letter of November 19th. - Chamber of Commerce opposition contained in letter of November 22nd which sought exclusion for the CBD or having the CRA administer the regulations within the CBD. - On November 26th, the City Commission deferred action and referred the item to the City Attorney for changes affecting the definition, making it tougher, exempting the CBD. P&Z Memorandum Staff Report Consideration of an Amendment to the LDRs Re Flea Markets & Similar Uses Page 3 * ..... , 1992 - Consideration of Ordinance No. 54-91 by the City Commission in the same form as in November, 1991. Referral to P&Z Board for comment. - P&Z Board forwarded the proposed ordinance with the same comments as per November 18, 1991. - City Commission denied Ordinance No. 54-91 after discussion of notice requirements (when exempting the CBD), the direction of the ordinance, and the continuing problems with it. They also gave direction to the Administration to come up with a different approach. Suggested Alternative Approach: The approach recommended by the Planning Director is to operate within a flexible regulatory environment. This would be accomplished by adding the words "bazaar", "farmer's market", "mini-mart", and "similar uses" to Section 4.4.9(D)(9) which currently states "flea markets". Thus, a petition for such a use would be subject to the Conditional Use process. During such review, the criteria and topics raised during the review of proposed Ordinance No. 54-91 could be considered on an "as applicable" basis. Additionally, standard definitions for each of the terms will be added to Section 1.4.5. Other alternatives: (A) Remove the use "flea market" from the Code. This Would not resolve the situation in that other descriptive terms would be used e.g. bazaar, mini-mart, etc. If wording is put in place to not allow flea markets, bazaars, mini-marts, and similar uses, the effect would be to not allow farmer's markets, what has been referred to as "artisan shops", and may disallow facilities such as the Delray Indoor Flea Market (West Atlantic Avenue). (B) Remove the use description from the GC, and hence PC, zone district; add it specifically to the CBD zone district; still, however, as a Conditional Use. This would appear to satisfy suburban and downtown interests with respect to some concerns; but, would not prohibit the establishment of a facility similar to the Delray Indoor Flea Market if it were to promote itself as "Marketplace West". (C) Provide an all inclusive definition without specific development standards. This approach would result in many development and reuse projects requiring a Conditional Use hearing process. Also, assuming that many would be approved, any of which are denied may be able to argue effectively that the denial was arbitrary. (D) Provide an all inclusive definition with specific development standards. This was the approached pursued, then abandoned, over the past year and one-half. P&Z Memorandum Staff Report Consideration of an Amendment to the LDRs Re Flea Markets & Similar Uses Page 4 RECOMMENDED ACTION: By motion, recommend to the City Commission that the following text amendments be made to the LDRs: (1) Section 4.4.9(D): (9) Flea Markets, baz.aars, merchand~sg..marts, and similar retail uses. (2) Section 4.4.13(D) (15) Flea Markets, bazaars~ merchandise marts.~ and similar retail uses. (3) Section 1.4.5 Definitions (Appendix "A") Bazaar: A market characterized by shops and stalls alonq a pathway, usually for the sale of miscellaneous articles. Flea Market: A market, usually in the open air, sellinq antiques, used household goods, curios, or the like. Merchandise Mart: A market where groups of retailers sell goods at discounted, wharehouse, or cost prices. Prepared by: q~ /~ ,~.. ~ DJK/PZFLEA.DOC MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ 12,A. _ MEETING OF OCTOBER 13. 1992 ORDINANCE NO. 51-92 DATE: October 9, 1992 This is a first reading of an ordinance amending the Land Development Regulations by further defining the term "flea markets" and providing for such use as a conditional use in the General Commercial and Central Business Districts. This item has been before the City Commission, in one form or another, for more than a year. Earlier this year, the Commission denied a Ordinance No. 54-91 which attempted to define and regulate flea markets and directed staff to come back with a simpler approach. The Planning and Zoning Board, at their September 21st meeting, reviewed this item. Their comments and recommendations have been incorporated into Ordinance 51-92. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 51-92 on first reading. &q(r~N Of TNE CITY OF ~LRAY I ~E~H, FLORIDA., AM~#D~ { t'c~L (~) OISTn~ AN~ I OP~NT n~ :~ THE I