Item Coversheet

CITY OF RIVIERA BEACH CITY COUNCIL
AGENDA ITEM SUMMARY

Meeting Date: 12/21/2016 
Agenda Category:PUBLIC HEARING ORDINANCE ON SECOND READING

Subject: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, FLORIDA, ENACTING A MORATORIUM FOR A PERIOD UP TO SIX MONTHS AS THE FILING AND/OR RECEIVING OF ANY APPLICATION FOR SITE PLANS FOR SINGLE PRICE OVERSTOCK/DISCOUNT STORES WITHIN THE CITY; PROVIDING FOR THE BOUNDARIES SUBJECT TO THE MORATORIUM; AND PROVIDING AN EFFECTIVE DATE.


Recommendation/Motion: Staff is recommending the City Council to consider approving the 2nd reading of this Ordinance 

Originating Dept Community Development   Costs $172.00 
User Dept.Community Development Funding Source
AdvertisedYes Budget Account Number
Date12/10/2016   
PaperPalm Beach Post   
Affected PartiesNot Required   

Background/Summary: 

For the purposes of this Ordinance, “single price overstock/discount stores” are establishments that sell a broad range of outlet, close-out, discontinued, liquidation, or overstock and general merchandise primarily at a single discount price and/or in the low and very low price ranges including, but not limited to, food items, alcoholic beverages, apparel and accessories, costume jewelry, notions and small wares, house wares, fountain refreshments, and toys. Recently, the City has received numerous inquiries for the development of single price overstock/discount stores in the City. Additionally, the City Council has voiced their concerns about the recent influx of single price overstock/discount stores being developed in the City. 

 

The City’s Land Development Regulations does not identify single price overstock/discount stores as permitted by right or as a conditional use, and only has the following definition for retail establishment: a place of business providing the sale and display of goods and/or sale of services directly to customers, with goods available for immediate purchase and removal from the premises by the customer. Retail goods include, but are not limited to, clothing, food, furniture, pharmaceuticals, books, art objects and the like. Retail services include, but are not limited to, barber shops, beauty salons, travel agencies, dry cleaning, health clubs, photo studios, funeral homes (no embalming on premises), pet care, repair establishments, and employment offices. For the purposes of this definition, retail establishments exclude adult entertainment, weapons sales, and the sale and servicing of vehicles or watercraft with engines larger than 50 horsepower.

 

This Ordinance is being adopted in order to allow the City time to thoroughly review, study and revise the City’s laws, rules, procedures and fees related to single price overstock/discount stores, and to enable the City to adequately and appropriately balance the rights of existing operators and future applicants who wish to establish or expand single price overstock/discount stores in the City on the one hand, with the preservation of the health, safety and welfare of the communities in the City of Riviera Beach on the other hand. 

 
Fiscal Years
Capital Expenditures
Operating Costs
External Revenues
Program Income (city)
In-kind Match (city) 
Net Fiscal Impact
NO. Additional FTE Positions
(cumulative)

III. Review Comments

A. Finance Department Comments:
 
B. Purchasing/Intergovernmental Relations/Grants Comments:
 
C. Department Director Review:
Contract Start Date 
Contract End Date
Renewal Start Date
Renewal End Date
Number of 12 month terms this renewal
Dollar Amount
Contractor Company Name
Contractor Contact
Contractor Address
Contractor Phone Number
Contractor Email
Type of Contract
Describe
ATTACHMENTS:
File NameDescriptionUpload DateType
Single_Price_Overstock_Discount_Store_Moratorium_Ordiance.docxOrdinance - Single Price Overstock/Discount Stores Moratorium12/8/2016Ordinance
683635.pdfLegal ad - Palm Beach Post12/8/2016Backup Material
REVIEWERS:
DepartmentReviewerActionDate
Community Development AnswererApproved12/8/2016 - 11:26 AM
Financesherman, randyApproved12/12/2016 - 2:23 PM
AttorneyAnswererApproved12/12/2016 - 4:47 PM
City ClerkAnswererApproved12/13/2016 - 10:31 AM
City ManagerAnswererApproved12/15/2016 - 5:06 PM