SPECIAL MEETING AGENDA - January 5, 2011
Page 2
SPECIAL MEETING AGENDA
CITY COMMISSION, CITY OF HALLANDALE BEACH
WEDNESDAY, JANUARY 05, 2011 6:30 PM
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. CITY BUSINESS
A. Presentation of the 2010 Holiday Lights Awards (Staff: Director, Department of Public Works) (See Backup)
5. PUBLIC HEARINGS (to be heard at 7:00 P.M.)
A. An Ordinance of the City of Hallandale Beach, Florida, Amending Chapter 32 of the Code of Ordinances to Update the Adult Entertainment Business Regulations; Providing for Conflicts; Providing for Severability; and Providing for an Effective Date. (Second Reading) (Staff: City Attorney) (See Backup) CAD#016/08
TO BE HEARD AT 7:00 P.M.
THE CITY COMMISSION APPROVED FIRST READING OF THIS ORDINANCE ON OCTOBER 20, 2010 BY A ROLL CALL VOTE OF 5/0.
THE PLANNING AND ZONING BOARD MOTIONED TO APPROVE THIS ITEM ON OCTOBER 27, 2010; THAT MOTION FAILED BY A ROLL CALL VOTE OF 2/5.
THE CITY COMMISION TABLED SECOND READING OF THE ITEM ON NOVEMBER 3, 2010 BY A ROLL CALL VOTE OF 5/0.
B. Application #58-10-DR by Hallandale Investments, Inc. for Development Plan/Concept Plan Approval as Required by Section 32-174(f) of the Zoning and Land Development Code for City-Initiated Properties Zoned PDD (Planned Development Overlay) District for the Hallandale Shopping Center Property Located at 1600-1750 East Hallandale Beach Boulevard. (Staff: Director of Planning and Zoning)(See Backup)
THIS ITEM IS QUASI JUDICIAL
THIS ITEM TO BE HEARD IN CONJUNCTION WITH ITEM #5C.
C. A Resolution of the City of Hallandale Beach, Florida, Accepting the "TD Bank of Hallandale Beach" Plat Located at 1600-1750 East Hallandale Beach Boulevard. This Resolution is a Result of Application #59-10-P, by Hallandale Investments, Inc. (Staff: Director of Planning and Zoning)(See Backup Item #6.B.)
THIS ITEM IS QUASI JUDICIAL
THIS ITEM TO BE HEARD IN CONJUNCTION WITH ITEM #5B.
ON OCTOBER 27, 2010, THE PLANNING AND ZONING BOARD RECOMMENDED APPROVAL OF THIS ITEM BY 7/0 VOTE.
6. OTHER
4A. CITY OF HALLANDALE BEACH
MEMORANDUM
DATE: December 14, 2010
TO: Mark Antonio, City Manager
FROM: John Chidsey, Director, Public Works Department
SUBJECT: 2010 Holiday Lights Awards Presentation
PURPOSE
City Commission consider and award the 2010 Holiday Lights Awards to the selected recipients.
BACKGROUND
The Commission approved the Holiday Lights Award Program on May 20, 1997. According to Administrative Policy No. 2026.001/R3 - Holiday Lights Award Program - a Committee annually selects properties judged to have outstanding holiday lights and displays. This year, the Committee consisted of five (5) board members:
Board Members:
· Phyllis Broccone
· Rochelle Blum
· Morris Cook
· Ann Hennigson
· Steve Morley
DISCUSSION
The Holiday Committee toured the City on December 13th, 2010 and selected properties for awards. The recommended winners are featured in the attached PowerPoint presentation. The award recipients are chosen from the following categories and will receive the following prizes:
Categories:
1. Commercial
2. Single-Family Residential
3. Multi-Family Residential
4. Mobile Home Properties
First, Second, and Third Place Prizes
1. Plaque
2. T-Shirt
3. Holiday lights/displays
4. Holiday plants
5. Yard sign (First Place winners in Residential category only)
Honorable Mention Prizes
1. Small plaque
2. T-shirts
Staff will hold a reception for the award winners at 5:30 p.m.; therefore, it is requested the awards presentation begin at 6:30 p.m.
RECOMMENDATION
Staff respectfully requests this item be placed on the January 5th, 2011 Commission Agenda for the presentation of the awards to the 2010 Holiday Lights Awards recipients and that the City Commission be notified.
Reviewed:
______
Mark Antonio, City Manager Date
_____Approved _____Disapproved _____Hold for Discussion
01/05/11
5A. CITY OF HALLANDALE BEACH
MEMORANDUM
DATE: December 22, 2010
TO: Mark Antonio, City Manager
FROM: David Jove, City Attorney
SUBJECT: An Ordinance of the City of Hallandale Beach, Florida, Amending Chapter 32 of the Code of Ordinances to Update the Adult Entertainment Business Regulations; Providing for Conflicts; Providing for Severability; and Providing for an Effective Date. (Second Reading)CAD# 016/08
______
PURPOSE
City Commission consider and adopt on Second Reading an Ordinance amending Chapter 32 of the Code of Ordinances by updating the City’s Adult Entertainment Business Regulations.
BACKGROUND
At Second Reading on November 3rd, 2010, the City Commission tabled the Ordinance until staff completed the Court Ordered Mediation.
The City Attorney’s Office along with outside counsel and the City Manager attended the Court Ordered Mediation of: The Set Enterprises, Inc., d/b/a the Cheetah and RIX 1040 Video Emporium, over two (2) days on November 8th, 2010, and on November 11th, 2010, with retired Judge Herbert Stettin, who served as mediator. On December 8th, Executive Sessions were held with the City Commission, to discuss the various positions of the parties in the mediation, and for City Commission consideration of any potential resolution. The City Commission, voted to take from the table the Adult Entertainment Ordinance, and place it on the Agenda for January 5th, 2011.
The Planning and Zoning Board reviewed this Ordinance at its October 27th, 2010 meeting.
DICSUSSION
Currently, adult entertainment businesses are permitted in two zoning districts within the City: Business Industrial (BI) and Industrial Limited (IL) Zoning Districts. The City regulates adult entertainment businesses in order to minimize the secondary effects of such uses. The City Code currently requires distance requirements from such businesses as follows:
1. 1,000 feet of another adult entertainment business;
2. 1,000 feet of a residentially zoned district; and
3. 1,000 feet of a church or other place of religious worship, school, or publicly owned or operated park, playground, library or other recreational facility.
In addition, the City Code currently defines an Adult Bookstore as follows:
Adult bookstoremeans an establishment having a substantial or significant portion of its stock in trade in books, magazines, periodicals, still or motion pictures, video cassettes, CD-ROM's, laser disks, digital video disks,
instruments, devices or paraphernalia, or other materials which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas. A substantial or significant portion of its stock in trade shall be deemed to occur when ten percent or 400 square feet (whichever is less) of the floor area of the establishment contains the items listed above.
ANALYSIS
Zoning regulations cannot be used to totally or intentionally exclude or excessively restrict local adult businesses. Reasonable regulations can be used to concentrate or disperse these businesses and control their proximity to residential uses, churches, parks and schools, to minimize secondary effects.
Courts have upheld reasonable, time, place and manner regulations for adult entertainment uses. Renton v. Playtime Theatres, Inc., 475 U.S. 41, 46 (1986). Staff has provided a copy of all related studies referenced in this memo and attached ordinance on the attached Compact Disk (CD) labeled “Adult Use Studies”.
The City and The Cheetah/RIX retained Adult Use experts, and the respective experts agreed that seven (7) Adult Use sites are sufficient. Accordingly, no changes were made to the Ordinance from First Reading since it provides for at least seven (7) sites. (See attached map of areas available for Sexually Oriented Business sites).
RECOMMENDATION
After review of the current adult entertainment business regulations, Staff recommends changes to the City’s proposed regulations and the adoption of the attached Ordinance. Staff believes the following proposed changes will mitigate the secondary effects of adult entertainment businesses on the City, while also allowing reasonable alternative avenues of communication for such uses. The proposed changes are as follows:
1. Adult Entertainment Business Distance Requirements Modifications. The distance requirements for adult entertainment businesses are proposed to be modified as follows:
a. 1,000 feet from another adult entertainment business is proposed to be changed to 0 feet;
b. 1,000 feet from a residentially zoned district is proposed to be changed to 500 feet;
c. 1,000 feet from a church or other place of religious worship, school, or publicly owned or operated park, playground, library or other recreational facility is proposed to be changed to 500 feet; and
d. A new spacing requirement from Interstate 95 has been added. It is proposed that no adult entertainment business shall be located west of Ansin Boulevard.
e. Distance measurements shall not apply to non-conforming uses.
2. Adult Bookstore Definition Modification. It is proposed that the Adult Bookstore definition be modified:
From: Adult bookstoremeans an establishment having a substantial or significant portion of its stock in trade in books, magazines, periodicals, still or motion pictures, video cassettes, CD-ROM's, laser disks, digital video disks, instruments, devices or paraphernalia, or other materials which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas. A substantial or significant portion of its stock in trade shall be deemed to occur when ten percent or 400 square feet (whichever is less) of the floor area of the establishment contains the items listed above.
To: Adult bookstore means an establishment having a substantial or significant portion of its stock in trade in books, magazines, periodicals, still or motion pictures, video cassettes, CD-ROM's, laser disks, digital video disks, instruments, devices or paraphernalia, or other materials which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas. A substantial or significant portion of its stock in trade shall be deemed to occur when: (1) twenty-five ten percent or 400 square feet (whichever is less) of the floor area of the establishment contains the items listed above; or (2) the items listed above comprise at least twenty-five percent of the value of the stock in trade of the establishment.
Staff recommends the City Commission, approve and adopt of the attached Ordinance on Second Reading on January 5th, 2011.
Reviewed:
______
Mark Antonio, City Manager Date
____ Approved ____ Denied ____ Hold for Discussion
Comments:
______
______
______
01/05/11
5B.
CITY OF HALLANDALE BEACH, FLORIDA
MEMORANDUM
DATE: November 29, 2010
TO: Mark Antonio, City Manager
FROM: Christy Dominguez, Planning and Zoning Director
SUBJECT: Applications # 59-10-P and 58-10-DR by Hallandale Investments
Inc, Hallandale Shopping Center/TD Bank
1600-1750 East Hallandale Beach Boulevard
PURPOSE
City Commission consider Applications #59-10-P and #58-10-DR by Hallandale Investments, Inc. for Development Plan / Concept Plan approval as required by Section 32-174(f) of the City’s Zoning Land Development Code. The City Commission:
1. Considers and approves a Resolution approving the TD Bank Hallandale Beach Plat; and
2. Considers and approves the attached Development Plan for the Hallandale Shopping Center property; and
3. Considers and approves the attached Development Agreement for the Hallandale Shopping Center property and authorizes the City Manager to execute.
I. BACKGROUND INFORMATION
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APPLICANT
Hallandale Investments, Inc.
Project Name
Hallandale Shopping Center/TD Bank
REQUEST
The applicant is requesting Development Review and Plat approval in order to redevelop the Hallandale Shopping Center site and construct a new bank building at the property located at 1600-1750 East Hallandale Beach Boulevard. The applications are as follows:
1. Application # 59-10-P requesting approval of the TD Bank Hallandale Beach
Plat in accordance with Article II Division 2 of the Zoning Land Development Code.
2. Application #58-10-DR for Development Plan/Concept Plan approval as
required by Section 32-174(f) of the City’s Zoning and Land Development
Code for City initiated properties zoned PDD (Planned Development
Overlay) District.
LOCATION:
The property is located at 1600-1750 East Hallandale Beach Boulevard (See attached Location Map, Exhibit 1.)
PLANNING DISTRICT:
Golden Isles/ A1A
PARCEL SIZE:
Subject parcel: 13,100 sq. ft., 0.3007 acre
Total shopping center property: 345,800 square feet, 7.938 acres.
EXISTING USE:
Hallandale Shopping Center
EXISTING ZONING
CCB (Central City Business) District. PRD (Planned Redevelopment Overlay) District and PDD (Planned Development Overlay) District are also assigned to the parcel.
PROPOSED USE:
Future development consisting of a freestanding 3,964 square feet bank and a drive thru facility.
COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION:
City: Commercial General
County: Commercial
SURROUNDING ZONING:
North - CCB (Central City Business) District and PRD (Planned
Redevelopment Overlay) District and PDD. (Planned Development Overlay District).
South - CF (Community Facility) and RM-18 (Residential Multi Family).
East - CCB (Central City Business) District and Planned Redevelopment
Overlay) District and PPD, (Planned Development Overlay) District
West - CCB (Central City Business) District
SURROUNDING LAND USE:
North - RK Diplomat Center
South - St. Mathew’s Church and Multi-family residential
East - Bank and Office Building
West - Publix Shopping Center
II. LAND USE HISTORY
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Related Land Use History
The subject property was rezoned by the City on December 16, 1997 due to the City’s desire to promote redevelopment of underutilized properties in need of revitalization through flexible development standards and the subject site’s suitability for greater land use intensity. Since the property is a City – initiated PDD site, there is no approved Development Plan or a Development Agreement for the property.
In addition to a Plat application, the applicant has filed for Minor Development Review for the bank building, for exterior renovations to the existing Center and for reconstruction of the parking lot and landscaped areas. Minor Development Review is an administrative process, however, since the property is PDD, the Development Review application requires City Commission approval and will serve as the Development Plan(Exhibit 2) required by Section 32-174(g)(4) for PDD sites. The required Development Agreement has been drafted and is attached for Commission consideration and approval (Exhibit 3).
The Plat application was presented to the Planning and Zoning Board on October 27, 2010. The Board recommended approval of the application by a vote of 7-0.
III. DETAILS OF THE APPLICATION / EXHIBITS
DEVELOPMENT DETAILS
Plat Application #59-10-P
The applicant’s plat depicts the following:
1. A 0.3007 acre (13,100 square feet in lot area) square foot parcel within the Hallandale Shopping Center property.