hallandale beach, florida special/title... · web view2011/01/05 · the city attorney’s office...

SPECIAL MEETING AGENDACITY 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

**Time Certains are Provided as a Guide and May Not Be Heard at the Time Specified

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

SPECIAL MEETING AGENDA - January 5, 2011

4A. CITY OF HALLANDALE BEACHMEMORANDUM

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. Commercial2. Single-Family Residential3. Multi-Family Residential4. Mobile Home Properties

First, Second, and Third Place Prizes


1. Plaque2. T-Shirt3. Holiday lights/displays 4. Holiday plants 5. Yard sign (First Place winners in Residential category only)

Honorable Mention Prizes

1. Small plaque2. 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 5 th, 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 BEACHMEMORANDUM

DATE: December 22, 2010


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 8 th, 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; and3. 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 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 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 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 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, FLORIDAMEMORANDUM

DATE: November 29, 2010


FROM: Christy Dominguez, Planning and Zoning Director

SUBJECT: Applications # 59-10-P and 58-10-DR by Hallandale Investments Inc, Hallandale Shopping Center/TD Bank1600-1750 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________________________________________________________________

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 acreTotal 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) DistrictWest - CCB (Central City Business) District

SURROUNDING LAND USE:North - RK Diplomat Center South - St. Mathew’s Church and Multi-family residentialEast - Bank and Office BuildingWest - Publix Shopping Center

II. LAND USE HISTORY________________________________________________________________

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.

2. A plat note restricted to 5000 sq. ft. of bank use. 3. The subject parcel is setback 32.5 feet from East Hallandale Beach

Boulevard and 55 feet from SE 16TH Avenue. 4. The Plat on page 1 needs to provide for City Engineer’s signature.

Development Review Application #58-10-DR

The applicant’s site plan depicts the following:

1. An existing shopping center with 90,914 square feet of retail, restaurant nightclub and office space.

2. Reconstruction and reconfiguration of the existing parking lot with new paving, pavers, landscape and drainage improvements.

3. A proposed freestanding bank building with 3964 square feet and drive thru facility setback 53 feet from the front property line. (15 feet is the maximum set back allowed).

4. Four hundred eighteen (418) parking spaces are existing. The parking will be reconstructed and reconfigured. The total number of parking spaces proposed for all uses including the bank is 422 spaces. A total of 380 spaces are required, thus there is a surplus of 42 spaces. (Note change agreed upon in Section VI, Item #10 of this report).

5. An existing nonconforming pole sign proposed to be removed and replaced with 3 monument signs: A monument sign 32 square feet identifying the new bank, a 60 square feet monument sign identifying the center, and a 32 square feet monument sign identifying the Memorial Healthcare facility.

6. One hundred three (103) trees are existing in poor condition and proposed to be removed. A total of 215 new trees of various species is proposed, which equates to 207 tree credits: Two hundred thirty one (231) trees are required, thus, there is a deficiency of 24 trees.


7. Three point one percent (3.1 %) of the property is presently landscaped. The landscaping will be increased to 11 %. Fifteen percent (15 %) is the minimum required, thus, there is a deficiency of 4%. (Note change agreed upon in Section VI, Item #10 of this report).

8. The perimeter landscaped buffer is proposed to be widened, interior and terminal landscaped islands are provided within the parking lot.

9. The north driveway along Layne Boulevard is proposed to be closed.

IV. INTERDEPARTAMENTAL REVIEW SUMMARY ________________________________________________________________

The majority of Code deficiencies, comments or concerns raised by theDevelopment Review Committee during review of the applications have been addressed by the applicant and incorporated into the Development Plan. Staff expressed concerns with the access to the property from East Hallandale Beach Boulevard and requested the applicant submit a “Right Turn Lane Warrant Study” for a needs determination of the lane. The applicant has since provided the Warrant Study which concludes that the lane is not needed. The City Engineer has concurred with the findings of the Study.

The Committee recommended approval of the applications subject to conditions as enumerated under Section VIII, Staff Recommendations, of this report. Certain conditions recommended by the Development Review Committee are not specific Code requirements. However, properties zoned Planned Development District (PDD) have a special privilege. PDD zoning provides for site design flexibility and greater land use intensities through a negotiated process rather than traditional zoning standards. PDD also provides for more expedient review process of the Development Plan as such applications do not require Planning and Zoning Board action. PDD properties also have more flexibility development options. As a result, special conditions of approval to assure a high quality development which will be compatible with and enhance surrounding areas should be required.

V. COMPREHENSIVE PLAN CONSIDERATIONS

Staff finds that this development is consistent with the City’s Comprehensive Plan. Specifically, the General Commercial designation permits office and retail uses and mixed uses. The expansion of the existing retail building proposed by


the applicant is permitted under the land use category. Additionally, the proposed project will assist in furthering the following policies and objectives of the City’s Comprehensive Plan:

GOAL 1: To provide a coordinated and compatible mix of land uses which encourages a high quality of life meeting the social, economic and physical needs of the present and future population of Hallandale Beach, while insuring reasonable environmental protection and timely and efficient provision of services.

OBJECTIVE 1.1: Levels of Service: The City shall continue to condition approval of development applications upon maintaining the provision of services at the Levels of Service (LOS) which meet or exceed levels specified in this Comprehensive Plan.

POLICY 1.1.4: The City shall, through development regulation, direct commercial and industrial land uses to areas with existing public facility capacity.

POLICY 1.1.5: The City shall maintain criteria and procedures, which obligate developments causing expansions or extensions of City services to contribute a proportionate share of the cost of provision of these supporting services and related facilities.

POLICY 1.2.2: Hallandale Beach Boulevard: The City shall continue to utilize the City’s Zoning Code, Land Development Regulations, Citywide Master Plan and the Design Guidelines Manual in review of development and redevelopment within the Hallandale Beach Boulevard Corridor.

POLICY 1.2.11: The City shall reduce land use conflicts through prohibiting incompatible commercial uses in residential neighborhoods, through enforcement of the Hallandale Beach Zoning District requirements. Commercial development shall be limited primarily to the perimeter areas of Hallandale Beach's planning districts (as delineated in this Element). Well-planned mixed use projects and appropriate neighborhood commercial uses in defined neighborhood commercial nodes are encouraged where they will improve an area or serve as neighborhood centers. However, commercial uses within residential areas shall not be considered incompatible if, through proper screening, buffering, design and access control, there are no significant noises, odors, fumes, vibrations or other negative impacts beyond the site boundaries, and provided the use is either tied to a neighborhood commercial node, or a peripheral commercial corridor or area.

POLICY 1.5.4: Commercial areas will continue to be regulated by development standards, such as, but not limited to, size and bulk


regulations, landscaped medians, right-turn only exits and other controls or designs intended to improve vehicular and pedestrian safety.

POLICY 1.5.7: Development and redevelopment along Hallandale Beach Boulevard and U.S. 1 shall continue to be reviewed and evaluated based on guidelines established for these corridors in the City’s Zoning Code, Land Development Regulations, the Citywide Master Plan and the Design Guidelines Manual. Recommendations from the Citywide Master Plan should also be considered and incorporated within the Plan. POLICY 1.10.3: The City shall continue to require building construction elevations consistent with minimum federal flood insurance regulations.

OBJECTIVE 1.12: Land Use Consistency: The City shall manage growth and development through the continued administration and enforcement of the Hallandale Beach Zoning and Land Development Code which shall ensure that future land uses remain consistent with this Plan.

POLICY 1.12.1: As part of the development review and approval process, the City shall continue to implement a system of Comprehensive Plan compliance review for all development and approval petitions

POLICY 1.12.2: The City shall continue to ensure that the provisions of the Hallandale Beach Zoning and Land Development code include all necessary site plan requirements to further the intent of this Comprehensive Plan. These requirements shall include but not be limited to adequate drainage and stormwater management, landscaping and open space requirements, signage regulations, subdivision regulations, safe and convenient on-site traffic flow, vehicle parking and consistency of land uses with Plan designations.POLICY 1.12.4: The City shall maintain innovative land development regulations that encourage mixed-use developments and incorporate site design planning techniques that will enhance the quality of large scale developments or redevelopment areas.

POLICY 1.15.3: The City shall encourage developments that promote safe and efficient on and off-site transportation improvements.

OBJECTIVE 1:18: Urban Infill and Redevelopment: Establish criteria which encourage development of urban infill and urban redevelopment area(s) to promote economic development, increase housing opportunities, and maximize the use of existing public facilities and services.

POLICY 1:18:1: Increase economic development and employment opportunities within urban infill and urban redevelopment area(s).


POLICY 1:18:4: Designated urban infill and urban redevelopment area(s) shall be excepted from transportation facilities concurrency requirements consistent with Chapter 163 Florida Statutes; however, application will be subject to providing a traffic analysis consistent with the Transportation Element and potential improvements to minimize impacts.

POLICY 1:18:5: Notwithstanding the above, all development is subject to Broward County Transportation Concurrency Management Area (TCMA) Level of Service criteria and the payment of Transit Impact Fees as determined by Broward County prior to the issuance of permits.

OBJECTIVE 1.19: Crime Prevention: The City shall review all major developments for their use of Crime Prevention Through Environmental Design (CPTED) principles and standards.

VI. APPLICABLE CODES AND ORDINANCES

Plat Application

1. Plat applications are reviewed according to Article II, Division 2, Sections 32-71 through 32-101 of the Zoning and Land Development Code. The proposed plat is being brought before the City Commission as a Preliminary/Final Plat. As a result, City staff has reviewed the Plat according to Section 32-74 and Section 32-75 of the Zoning and Land Development Code.

2. Page 1 of the Plat needs to be amended to provide for the City Engineer’s signature.

3. The property is zoned Central City Business Limited District and Planned Redevelopment (PRD) Overlay District. The property also has the PDD, Planned Development Overlay District assigned. The subject property is a .3007 acre sub parcel in the Hallandale Shopping Center property.

4. The applicant proposes a maximum development of 5,000 square feet per the plat note, inclusive of overhangs and canopies which the County counts as square footage. The actual building will have a maximum of 3,964 square feet in gross floor area. The applicant has also filed related Application #58-10-DR for Minor Development Review as required by section 32-782.

5. The Hallandale Shopping Center property consists of 90,914 square feet


in gross floor area. The proposed bank will be 3,964 square feet for a total of 94,878 square feet in gross floor area. Broward County Engineering Division commented access to the Shopping Center from East Hallandale Beach Boulevard is via an existing inadequate driveway approximately 275 feet from the west corner of the Shopping Center (SE 16 th Avenue). According to the Engineering Division’s comments, the County Commission may refuse approval of a plan that will not provide adequate and safe access. County staff recommended this driveway be altered to provide a minimum distance of 50 feet to any interior service drive or parking space with direct access to such driveway. The County is also requiring legal access easement between this plat and the public right of way on East Hallandale Beach Boulevard. (See Broward County Plat Review Report, Exhibit 4).

6. Broward County is also requiring an 8 foot wide by 40 foot long expanded sidewalk for a bus landing pad on Hallandale Beach Boulevard.

7. According to the applicant’s traffic statement, the bank will add 176 daily trips and 17 pm peak hour trips. The combined total trips generated by the existing shopping center and proposed bank are 6790 daily trips/636 peak hour trips. In addition to the driveway modifications required by Broward County, City staff had recommended the applicant dedicate the necessary right-of-way to provide a deceleration lane to the shopping center from East Hallandale Beach Boulevard unless a Right Turn Lane Warrant Study was provided by the applicant with findings the lane was not warranted. The applicant has since provided the Warrant Study (Exhibit 5) which determined the lane is not needed. The City Engineer concurred with the findings of the Study.

8. The Plat application was considered by the Planning and Zoning Board on October 27, 2010. The Board recommended approval of the application by a vote of 7/0.

Development Review Application

1. The subject property is zoned (CCB) Central City Business District. The Planned Redevelopment Overlay District (PRD) and Planned Development Overlay (PDD) are also assigned to the property.

A bank is a permitted use in CCB and PRD zonings of the property. Pursuant to Section 32-175(c)(5), drive thru windows serving financial uses are also permitted provided the drive thru lanes are screened from view by a four feet hedge or wall and further, it is designed in a manner which does not negatively impact pedestrians. The proposed drive thru has been designed in accordance with the stated requirement.


2. Section 32-174 (g)(4) requires in cases where the property has been rezoned to PDD, but there is no development agreement on a major development plan of record, any further development or redevelopment shall require Major Development review and a Development Agreement with the City. This provision is mandatory including cases where the proposed development does not meet the standards for submission of a Major Development plan review.

The subject property was rezoned by the City to PDD on December 16, 1997, therefore, the existing development predates the PDD regulations, and therefore, there is no development agreement for the property. The applicant has submitted a redevelopment plan for the shopping center which includes exterior renovations to the existing center and reconstruction of the parking lot and landscaped areas. In addition, the applicant proposes to build a new free standing bank building with 3964 square feet in floor area with a drive–thru facility. The proposed Development Plan (Exhibit 2) and required Development Agreement (Exhibit 3) to govern the site have been drafted and are attached for City Commission consideration.

3. Section 32-174 (i), Planned Development District (PDD) provides assignment of

PDD as an optional zoning procedure to permit site design flexibility, greater land use intensity in order to encourage high quality innovative development and, promote its most appropriate use consistent with Comprehensive Plan policies.

According to Subsection (i), all site development standards and related development standards of the chapter are to be negotiated between the City and the applicant and may be modified by the City as part of the development process in accordance with the planned development district regulations and other applicable City codes. Development in PDD is governed by a development agreement pursuant to Section 32-174(d)(2).

All site development standards in a PDD are negotiated between the City and the applicant as part of the development process in accordance with the PDD regulations, all other applicable City Codes, regulations and standards set forth in the Design Guidelines Manual.

The proposed Development Agreement to govern development of this parcel is attached for consideration as required by the aforementioned section.


The applicant has agreed to the general terms of the development agreement as drafted with two exceptions:

1. Item 7(F)(1)(c) regarding a third monument sign to be installed on the property. The applicant had requested this sign be 8 feet in height and 60 square feet in sign area which is not permitted by Code. Staff proposes the sign be limited to 6 feet in height and 32 square feet in sign area as permitted by Code and as further discussed in item 13 of this staff report.

2. Section 1 Item 1 of Exhibit D regarding transit system and other transportation improvements. The applicant has offered a $15,000.00 contribution instead of the $25,000 proposed by the City.

4. Section 32-174(c) requires that properties zoned PDD, Planned Development District, be developed as a single entity under unified control.

The subject property is under single ownership and will be redeveloped under unified control as required by Code. This requirement has been incorporated into the Development Agreement.

5. Section 32-174 (f) requires that proposed developments within a City-initiated PDD be evaluated for their consistency with City’s goals and policies relating to the area being proposed for development or redevelopment. The development plan shall serve as the concept plan specified in subsection (g)(4).

As stated previously, the subject property was rezoned by the City to PDD on December 16, 1997. The proposed development is consistent with the City’s goals and policies to encourage site design planning techniques which will enhance the quality of large scale development or redevelopment sites.

6. The City’s Administrative Parking Document requires 4 parking spaces per 1000 square feet of floor area for shopping centers with 25,000-400,000 square feet.The existing commercial development consists of 90,914 square feet of retail/office and restaurant /nightclub space. The proposed TD Bank will have 3964 square feet for a total of 94,878 square feet. Based on the standard 380 parking spaces are required. The existing number of parking spaces is 418. After reconfiguring the parking lot, the applicant provides 422 spaces exceeding the requirement by 42 spaces.


7. As mentioned in item 3 above, the City Commission may waive specified setbacks, floor area, landscaping, parking requirements or other development standards in lieu of a variance within areas zoned PDD.

The applicant is requesting six (6) code modifications as discussed below in items 8 thru 13.

8. Section 32-175(f) requires buildings in CCB District to be setback a maximum of 15 feet from the front property line.

The proposed building will be setback approximately 53 feet from the front property line East Hallandale Beach Boulevard instead of the 15 feet maximum allowed.

9. Section 32-175 (f) requires a minimum of two story or 30 feet height buildings in CCB District.

The proposed bank building is one story with an overall height of 23’6” feet, less than the minimum required. Therefore, the applicant is also requesting a modification of the code provision.

10. Section 32-159(d) (5) requires a minimum of 15% of properties zoned commercial be landscaped.

Presently, 3.1 % of the property is landscaped and considered nonconforming to present development standards. The applicant has made an attempt to increase landscaped areas by reconstructing the parking lot and proposes 11% of the property be landscaped, a deficiency of 4%. The applicant provides 42 parking spaces over the minimum number of spaces required. Although a considerable increase in landscaping area is proposed, the applicant could increase the amount further to decrease the deficiency by providing additional landscaping in lieu of surplus parking. According to the applicant, they wish to maintain the extra parking spaces to accommodate any additional future expansion of the Center. Therefore, the applicant is requesting a modification of the Code provision.

The applicant has since agreed, however, to eliminate the 10 angled parking spaces at the west side of the East Hallandale Beach Boulevard entrance to the shopping center. Removal of these parking spaces will increase the landscaped area to 11.47% and reduce the surplus parking to 32 spaces.

11. Section 32-384 (c)(3) requires one tree for every 1500 square feet of lot areas. Trees for credit on commercial zoned properties must have a minimum height of 15 feet at time of planting, 3 inches caliper and a


minimum mature crown spread of 15 feet. When palms are used, they may be grouped to create the equivalent of 15 feet crown spread to count one tree.

Based upon the 345,800 square feet (7.936 acres) parcel, 231 trees are required. The applicant proposes to redo the landscaping on the property and provide 215 new trees, which equates to 207 tree credits resulting in a deficiency of 24 trees. The applicant is requesting a modification of the above mentioned tree requirement pursuant to PDD to allow less trees than the number required.

12. Section 32-384(e)(1) requires a minimum of 10 feet perimeter landscaped buffer around the perimeter of all vehicular use areas.

The existing development is nonconforming as to the above stated requirement. The applicant proposes to provide a 4 foot by 8 inch buffer (the existing buffer is 4 feet) along the Hallandale Beach Boulevard frontage of the TD Bank area; an 8 foot 8 inches buffer along NE 16 Avenue (the existing buffer is 5 feet); an 8 feet 8 inches buffer along Church Street (there is no existing buffer) and a 13 foot 7 inches buffer along Layne Boulevard (there is no existing buffer).

Therefore, the applicant is requesting a modification of the code requirement for those buffers which are less than the minimum of 10 feet.

13. Section 32-608(b)(3) requires nonconforming signs at multi-use property be removed or made conforming if a new conforming freestanding sign is erected on the property. Section 32-605 (d)(12) regarding additional signs in shopping centers permits one additional monument sign per each right-of-way intersection, provided such sign is no closer than 200 feet to another monument sign and the signs do not exceed 6 feet in height and 32 square feet in sign area.

The applicant proposes to remove the existing nonconforming pole sign at the property and has committed to do so prior to the Certificate of Occupancy or the Certificate of Completion is issued for the shopping center renovations (Phase I) or TD Bank building (Phase II), whichever is completed first. The Center renovations are issued. A new conforming 60 square feet 8 foot in height monument sign would be erected to identify the Center as permitted by Code. A 32 square feet, 6 feet high monument sign is also proposed to identify TD Bank as permitted by the above mentioned provision. A second 32 square foot, 6 foot high sign is proposed near the east corner of the property to identify the Memorial Healthcare facility. The applicant has requested approval to replace said sign if in the


future, the Memorial healthcare facility is no longer a tenant, and replace same with a 60 square foot monument sign 8 feet in height.

In staff’s opinion, the permitted signs are adequate to identify the Center; therefore, staff recommends the requested modification to allow the increase of the Memorial facility sign in the future not be granted. The applicant has not agreed to this recommendation.

________________________________________________________________

VII. REVIEW OF APPLICATION CRITERIA________________________________________________________________

Major Development Review

Section 32-787 specifies the following criteria shall be utilized in the review and evaluation of applications for Development Review approval:

1. Natural Environment

The subject property is the site of the Hallandale Shopping Center site consisting of a one story strip center with 90,914 square feet. The proposed bank will be constructed on an outparcel near the northwest corner of the property.

These are numerous existing code violations on the property, including landscaping, broken curbs and poor drainage. In the event the shopping center renovations and outparcel development does not occur, the property will be cited for the outstanding code violations.

1. Open Space

The existing development is nonconforming with numerous code deficiencies. The existing landscaped area is 3.1%; also the existing landscaping is in poor condition and in need of replacement. According to the plans submitted by the applicant, the landscaping area is proposed to be increased to 11%, an improvement over existing conditions but short of the 15% landscaped area required by Code. They have since agreed to eliminate 10 parking spaces from the number proposed in the plans, increasing the landscaped area to 11.47%. According to the landscaping plans, the grounds will be substantially landscaped with trees, ornamental trees, and shrubbery. However, 231 credit trees are required for the property and 207 tree credits are proposed, resulting in a deficiency of 24 trees. The applicant has requested a modification of the landscape Code requirements.

2. Circulation and Parking


Four hundred twenty two (422) parking spaces are required for the development and 418 parking spaces are proposed according to the plans, a surplus of 42 spaces. However, the applicant has agreed to increase the on site landscaping and eliminate 10 parking spaces, thereby reducing the surplus to 32 spaces.

The vehicular use area has been designed to allow free movement within the Center as well as the proposed new bank building and drive-thru facility.

3. Access Control

The existing center has one right turn in/right turn out driveway from East Hallandale Beach Boulevard and two driveways from Layne Boulevard. The Center is also accessible from SE 16 th Avenue. The County recommended the driveway on East Hallandale Beach Boulevard be altered to provide a minimum distance of 50 feet to any interior drive or parking space. The applicant has incorporated this recommendation in the proposed site plan.

Along Layne Boulevard, the existing northern driveway is proposed to be closed. As discussed under the Plat application, staff had expressed concerns with the existing driveway on East Hallandale Beach Boulevard, and recommended a deceleration right turn lane be provided unless a Right Turn Lane Warrant Study was provided which determined the lane was not necessary. The Study has since been provided which concluded the deceleration lane was not needed. The City Engineer concurred with its findings.

4. Public Transportation

Broward County, Miami-Dade County and the City’s shuttle bus services the property along Hallandale Beach Boulevard. There is an existing bus stop near SE 16th Avenue and a bus shelter near Layne Boulevard, adjacent to the subject site on Hallandale Beach Boulevard.

5. Community Services

There is an existing service area in the rear of the Center. This area will be substantially landscaped along Church Street. In addition, however, Section 32-331 requires a 6 feet high masonry wall be erected on commercial property separated by a public right-of-way from residentially zoned property. There is an existing concrete louver fence in this area which the applicant proposes to remove. Staff recommends a new 6 foot


wall be erected as required to buffer the service area from the residential use across Church Street.

Presently, there is an existing sidewalk adjacent to the property from SE 16th Avenue to the driveway entrance on Church Street. Staff recommends this sidewalk be extended eastward to Layne Boulevard to complete the sidewalk network for pedestrian use.

A trash enclosure on the west side of the building is proposed for the bank’s use. The location was acceptable for service by the City’s sanitation trucks. Prior to the issuance of the building permit, the developer must provide a hydraulic analysis of the water system, including a fire flow test to determine if the system is adequate to provide required fire and domestic use demand.

6. Drainage

Paved areas are required to have underground catch basins for storm water runoff. Storm water must be retained on site. Drainage calculations will be required at time of permitting. The applicant will be required to comply with all Broward County Development and Environmental Regulations (DER) and City criteria to retain a 5-year, 1-hour storm on site. The existing drainage system will be required to be redone to meet the City and County requirements.

7. Building and Other Structures

The existing Center is to remain and the façade renovated. A new one story bank with a drive-thru facility is proposed. The parking lot and landscaped areas are also being reconstructed.

8. Concurrency Evaluation

According to Article V Section 32-782, determination of concurrency must occur prior to the approval of a building permit.

Transportation System – The applicant was required to submit a Traffic Statement Generation Report (Exhibit 6) pursuant to Section 32-788(g) for an analysis of the impact of the development as related to current and projected daily and peak hour trip generation.

According to the report, the bank will generate 176 new vehicle trips per day/17 new PM Peak Hour trips. As the City is within a designated Urban Infill area, development projects may not be denied based upon


concurrency, however, they are required to mitigate their impacts. Based on the trips generated by the proposal, the traffic mitigation fee is $22,597.

9. Planned Redevelopment Overlay District (PRD) Design Guidelines

Properties zoned PRD are also subject to the adopted Design Guidelines for the PRD Overlay District. The proposed development has been found to be generally consistent with the established design guidelines for properties zoned PRD.

11. Energy Conservation/Green Building

The development has been designed to conform with current Energy Code and Florida Building Code requirements for energy efficiency.

The City’s Green Building Ordinance is not applicable to the project as the square footage of the bank building is below the Ordinance’s threshold for commercial development of 50,000 square feet. However, the TD Bank outparcel will be a LEED Silver Certification facility. The shopping center site will utilize star energy compliant parking lot fixtures and building lights. The new parking lot irrigation system will utilize water conserving sprinkler system and purple piping. (See attached Green Components letter from Ocampo and Associates, Exhibit 7).

12. Financial Impact

The project’s anticipated construction cost is $1.8 million. The proposed building will bring a tax revenue of $10,620.

_______________________________________________________________

VIII. STAFF RECOMMENDATIONS________________________________________________________________

Staff recommends the subject applications be approved subject to the following conditions:

Plat Application

1. Applicant shall bond for and construct street and any required R.O.W. improvements including but not limited to sidewalks, pavement, construction, striping, signage, landscaping, and drainage improvements.

2. The Plat is restricted to 5,000 sq ft of bank use. The approved development level on this plat note is a maximum and does not entitle the property owner to the noted development level unless in compliance with all applicable City Codes, City’s Comprehensive Plan, the Citywide Master


Plan, the City’s Design Guidelines and Development Review requirements.

3. Provide an 8 foot wide by 40 feet long expanded sidewalk for the landing on East Hallandale Beach Boulevard as required by Broward County.

4. Approval of this Plat does not preclude the requirements that must subsequently be followed for the approval by the City of Hallandale Beach, of a specific site plan for the improvements to be constructed on this site. During the site plan review process, the applicant shall be required to provide survey data to accurately reflect the relationship of this platted site with the surrounding properties and improvements. These include, but are not limited to, the location of visible improvements and utilities within the public right-of-way including edge of pavement, manhole covers, electrical boxes, storm sewers, inlets, evidence of buried cables, utility poles, street lights, driveways, available water supply and wastewater disposal systems, found property corners, driveway intersection with edge of pavement within the right-of-way adjacent to the access street, all drainage structures, and permanent reference monuments.

5. Address all recommendations and conditions set forth by the Broward County Development Management Division in their review of the subject plat.

6. On page 1 of the Plat - provide for a signature by the City Engineer.

7. Provide an electronic copy (Autocad) of the plat and a Mylar copy of the final plat as recorded, which shall be delivered to the City following recordation and prior to the issuance of the building permit.

Development Review Application

As previously stated, the objective of the PDD is to provide an optional zoning procedure to permit site design flexibility and greater land use intensity and density in order to encourage high-quality, innovative development that is consistent with comprehensive plan policies, applicable city development and redevelopment plans, and desired development patterns and land uses in an overlay zone that encourages flexibility in the design and negotiation of land development in order to promote the most appropriate use while allowing flexibility in development. The intent of applying the PDD for this property was predicated on the City’s desire to promote the redevelopment of underutilized properties in need of revitalization through flexible development standards.

As outlined in this memo, Staff has conducted a comprehensive analysis of the subject application and has determined the applicant’s proposal meets the general requirements for development plan approval relative to concurrency and


other Code requirements subject to special conditions, in addition to the Code mandated regulations. The proposed conditions of approval are outlined in the attached Development Agreement and should be imposed to assure a quality development and mitigate any negative impacts of the proposed development.

In furtherance of the Comprehensive Land Use Plan Goals, Objectives and Policies, Zoning Code and other applicable City provisions, and based upon the findings of facts contained herein, staff recommends approval of the development plan/concept plan subject to all of the conditions of approval outlined below and in the attached Development Agreement:

Section 1

Prior to the issuance of a building permit for the proposed new building, (Phase II) the applicant shall make the following commitments to the City to mitigate the impacts of the development upon City Services and Facilities:

1. Contribution of $25,000 to the City’s transit system or for other transportation systems enhancements/improvements.

2. The development shall include environmentally sensitive features including conservation measures and follow sustainability standards substantially in compliance as described in Exhibit “F” of the Development Agreement.

3. Contribution of $10,000 to the City for the purpose of enhancing the City’s medians. The donation will fund the installation of landscaping and other improvements.

4. The owner shall construct all utilities servicing the TD Bank building underground, including any existing above ground utilities to be utilized within the scope of the TD Bank (Phase II) project area.

5. There shall be consistency in color scheme with the TD Bank building and the Shopping Center.

6. The existing nonconforming pole sign shall be removed prior to the Certificate of Occupancy or Certificate of Completion is issued for the shopping center renovations (Phase I) or TD Bank building (Phase II), whichever is completed first.

7. The owner shall apply for a building permit for the shopping center renovations (Phase I) within 5 working days of the submittal for the building permit for the TD Bank building (Phase II). Renovations to the Center and parking facility shall commence no later than 45 days of issuance of the building permit for the TD Bank building (Phase II) or the


property owner shall be cited for the existing code violations by August 1, 2011. The Phase I improvements shall be completed no later than 10 months after the permit for Phase I is issued.

8. The on site landscaped area and number of trees planted shall be increased as much as possible to meet Code standards within the constraints of the site but no less than 11.47% landscaped area or 207 trees.

Section 2

Prior to issuance of the Certificate of Occupancy for Phase II, the owner shall make the following improvements or commitments to City:

1. Payment to the City of traffic mitigation fee in the amount of $22,597 according to City Ordinance.

2. Payment to the City of connection fees for water and sewer according to City Ordinance.

3. The owner shall contribute $5,000 to the City for Crime prevention Programs.

Section 3

Prior to the issuance of the Certificate of Completion for the shopping center renovations (Phase I) the owner shall make the following improvements or commitments to the City:

1. The owner shall include purple piping for irrigation purposes. Irrigation for the property shall be a gray water (reclaimed water) system with the understanding that potable water will be used for the property until such time that reclaimed water is available.

2. Installation of a five foot wide concrete sidewalk from the existing driveway on Church Street eastward to Layne Boulevard in order to complete the sidewalk network along said street.

3. Installation of a 6 foot high precast masonry wall along the rear property line for the portion of the property along Church Street across from residentially zoned property.


4. Contribution in the amount of $10,000 for the construction of a landscaped median on SE 16th Avenue designed to the specifications of the City Engineer.

Should the City Commission concur with the Development Agreement as drafted, approval should be contingent on the applicant executing the Agreement with the City within a period not exceeding 60 days from the date of the application approval and the City Attorney’s concurrence of the final document. Further, the City Commission should authorize the City Manager to complete any final negotiations with the applicant and execute the Development Agreement

Reviewed By:

______________________________ _____________Mark Antonio, City Manager Date

___ Approved ___ Denied ___ Hold for Discussion

Comments: ________________________________________________________________

________________________________________________________________ ___________________________________________________________

01/05/11


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