City Commission, City of Hallandale Beach s1

REGULAR AGENDA CITY COMMISSION, CITY OF HALLANDALE BEACH WEDNESDAY, APRIL 15, 2009 1:30 PM

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. PRESENTATIONS AND REPORTS

A. A Proclamation Proclaiming National Crime Victims Rights Week

B. Presentation of Certificate of Achievement to Vice Mayor Bill Julian for Completion of Bronze Level Leadership Training Under the National League of Cities Leadership Training Institute

C. Parks and Recreation Summary Report

5. PUBLIC PARTICIPATION (to be heard at 1:30 P.M.)

6. CITY BUSINESS (Voting on Items Deferred to Evening Consent Agenda to be Heard at 7:15 P.M.)

A. Presentation by the Historical Preservation Advisory Board (Presented by Eddie Pickett, Chair)(See Backup)

TO BE HEARD AT 2:30 P.M.

B. Presentation by the Parks and Recreation Advisory Board (Presented by Barbara Southwick, Chair)(See Backup)

TO BE HEARD AT 8:10 P.M.

C. A Resolution of the City of Hallandale Beach, Florida, in Support of Frank Ortiz's Nomination for Second Vice President of the National League of Cities (Staff: Acting City Clerk)(See Backup)CAD #008/09 REGULAR AGENDA - April 15, 2009 Page 2 D. Discussion of the Board and Committee Appointments (Staff: Acting City Clerk)(See Backup)

7. MONTHLY REPORTS

8. COMMISSIONER REPORTS

9. OTHER

10. PUBLIC PARTICIPATION (to be heard at 7:00 P.M.)

11. CONSENT AGENDA (to be heard at 7:15 P.M.)

A. Voting on City Business Items Previously Discussed

B. Pursuant to Chapter 23, Section 23-108, Hallandale Beach Code of Ordinances, Authorize the Purchase of a 2010 Horton Rescue Transport Vehicle from Hallmark Fire Apparatus, Inc. Using the Florida’s Sheriff Association Bid #08-08-0909, #2, for a Total Not to Exceed $234,492 (Staff: Chief, Fire Department)(See Backup)

C. Approval of Minutes - Regular Meetings of November 5, 2008, November 19, 2008 and December 3, 2008 and Special Meeting of November 17, 2008

12. PUBLIC HEARINGS (to be heard at 7:30 P.M.)

A. An Ordinance Of The City Of Hallandale Beach, Florida, Amending The Land Use Element Of The City’s Comprehensive Plan By Changing The Land Use Designation Of The Property Located At 112 NW 3 Ave From Residential, Low Medium Density To Residential, High Density; Providing For Conflict, Severability And An Effective Date. (First Reading) (This Ordinance is as a Result of Application #017-09-PA by Highland Park Ventures, LLC) (Staff: Director of Development Services) (See Backup) CAD#021/08

(The Planning and Zoning Board Recommended Approval of this Item by a Majority Vote of 6-0 on March 25, 2009)

TO BE HEARED IN CONJUNCTION WITH ITEM #12.B.

B. Consideration of the Highland Park Village Public/Private Partnership (Staff: Director of Development Services) (See Backup) CAD#021/08

TO BE HEARED IN CONJUNCTION WITH ITEM #12.A.

TO BE HEARD IN CONJUNCTION WITH COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS ITEM #3.A.

C. A Resolution of the City of Hallandale Beach, Florida Assigning 9 Residential Flexibility Units to the RK Townhomes Project (Staff: Director of Development Services) (See Backup) CAD #016/04 REGULAR AGENDA - April 15, 2009 Page 3

D. Reconsideration by the City Commission of Condition of Approval of Applications #90-08-CU and #92-08-V by Elliot Kels On Behalf of A-1 Florist and Gifts to Operate a Hall for Hire at 103 NE 3rd Street (Staff: Director of Development Services) (See Backup)

E. An Ordinance of the City of Hallandale Beach, Florida, Approving and Authorizing a Contract Amendment with AAAA Crosstown Towing and Recovery, Inc. ("AAAA") for Towing Service (First Reading) (Staff: Director, General Services) (See Backup) CAD #013/03 & CMD #010/05

The Ordinance was passed on First Reading on April 1, 2009 with a vote of 5/0. REGULAR AGENDA - April 15, 2009 Page 4 6C. CITY OF HALLANDALE BEACH MEMORANDUM

DATE: April 3, 2009

TO: D. Mike Good, City Manager

FROM: Shari Canada, Acting City Clerk

SUBJECT: A Resolution of the City of Hallandale Beach, Florida, in Support of Frank Ortiz’s, Mayor Pembroke Pines Florida, Nomination for Second Vice President of the National League of Cities CAD #008/09

PURPOSE:

The City Commission to approve a Resolution supporting the Honorable Frank Ortiz’s, Mayor City of Pembroke Pines, nomination for Second Vice President of the National League of Cities.

BACKGROUND:

At the April 1, 2009 City Commission meeting, the City Commission requested staff prepare a Resolution in support of Frank Ortiz’s nomination for Second Vice President of the National League of Cities.

RECOMMENDATION:

The City Commission adopt the attached Resolution in support of the Honorable Frank Ortiz’s nomination for Second Vice President of the National League of Cities and authorize the City Clerk to transmit to appropriate organizations.

Reviewed:

______D. Mike Good, City Manager Date

_____Approved _____Disapproved _____Hold for Discussion

04/15/09 REGULAR AGENDA - April 15, 2009 Page 5 6D. CITY OF HALLANDALE BEACH MEMORANDUM

DATE: April 3, 2009

FROM: Shari Canada, Acting City Clerk

SUBJECT: Board and Committee Summary Report

At the April 1, 2009 City Commission Meeting the Commission directed that a Board and Committee Summary Report be prepared in order to assist the Commission review their appointments to the City’s Boards and Committees.

The following documents are attached:

 Membership list for each Board and Committee indicating which Commissioner is responsible for which appointment.  Summary List of Vacancies for Boards and Committees  Board and Committee Attendance Spreadsheet for 2009

Members of Boards and Committees serve at the pleasure of the Commission except for those members of the Civil Service Advisory Board who serve a two year term and the Unsafe Structures Board who serve three year terms. The four civilian members of the Civil Service Board are appointed by the City Commission as a body. The remaining three members of the Civil Service Board are elected by the members of the Fire, Police and General Employees Unions. Members of the Unsafe Structures Board are industry specific appointments made by the City Commission as a body. Commissioners may make appointments during “Other” at any Regular City Commission Meeting.

Reviewed:

Comments:

______

04/15/09 REGULAR AGENDA - April 15, 2009 Page 6 11B. CITY OF HALLANDALE BEACH FLORIDA MEMORANDUM

DATE: March 23, 2009

FROM: Daniel P. Sullivan, Fire Chief

SUBJECT: Pursuant to Chapter 23, Section 23-108, Hallandale Beach Code of Ordinances, Authorize the Purchase of a 2010 Horton Rescue Transport Vehicle from Hallmark Fire Apparatus, Inc. Using the Florida’s Sheriff Association Bid #08-08-0909, #2, for a Total Not to Exceed $234,492

SUMMARY Pursuant to Chapter 23, Section 23-108, Hallandale Beach Code of Ordinances, request the City Commission authorize purchase of a 2010 Horton Rescue Transport Vehicle from Hallmark Fire Apparatus, Inc. using the Florida’s Sheriff Association Bid #08-08- 0909, #2, for a total of $234,492 from funds available in the Fire Assessment Program, Fire/Equipment Renewal and Replacement account #810.2250.522.6515 Trucks. ======FINANCIAL DATA 1. DEPARTMENT: Fire 2. DIVISION: 2250 Fire Equipment Renewal and Replacement 3. FUND: 810 Fire Assessment Program 4. ACCOUNT #: 810-2250-522-6515 5. ACCT. DESCRIPTION: Capital Outlay, Trucks 6. FY BUDGET: FY 2008/2009 7. AMOUNT BUDGETED: $250,000 8. GRANT FUNDS: YES__ NO_X_ AMOUNT $ 9. FUND TRANSFER: YES__ NO_X_ AMOUNT $ 10. FROM ACCT. #: N/A 11. TO ACCT. #: N/A 12. REASON FUNDS AVAILABLE FOR TRANSFER: N/A 13. PRICE ANALYSIS: ATTACHED___ NONE___*

======BID ITEM DATA 14. DESCRIPTION OF BID ITEM: *2010 Medical Rescue Transport Vehicle 15. SUPPLEMENTAL MATERIAL: ATTACHED___ NONE_X__ 16. # BID INVITATIONS SENT: N/A 17. # BIDS RECEIVED: N/A 18. # RESPONSIVE BIDS: N/A 19. CURRENT PRICE: *$ 234, 492.00 REGULAR AGENDA - April 15, 2009 Page 7 20. CURRENT VENDOR: Hallmark Fire Apparatus, Inc. 21. RECOMMENDED VENDOR: Hallmark Fire Apparatus, Inc. 22. BID AWARD AMOUNT: $234,492.00 23. COMMENTS * 24. ESTIMATED QUANTITY TO BE PURCHASED (BULK ITEMS): N/A 25. ESTIMATED PURCHASE AMOUNT: N/A 26. BID TABULATION ATTACHED: YES___ NO_X_ 27. TERM OF CONTRACT: Delivery to Hallandale 180 days after apparatus has been ordered. Payment: C.O.D. 28. BID VALID TO: N/A 29. BID PRICE VALID FOR TERM OF CONTRACT: YES__X_ NO___ 30. WARRANTY PERIOD: * 31. DELIVERY TIME: 180 calendar days after receipt of order 32. STATE CONTRACT: YES_X__ NO___ 33. CONTRACT #: 08-08-0909 34. CO-OP PURCHASE: YES___ NO_X__ 35. AGENCY: Florida Sheriff’s Association 36. EXPECTED LIFE OF ITEM: 10 Years 37. ITEM DEMO'D: YES___ NO_X__ 38. REFERENCES CHECKED: YES___ NO___ N/A_X__ 39. CONTRACT: ATTACHED____ N/A_X__ 40. CONTRACT APPROVED FOR LEGAL SUFFICIENCY: YES_X__ NO___ N/A___

* See corresponding comment on Attachment 1, Bid Summary Comments ======

REPORT PREPARED BY: ______Arthur Bousquet, Deputy Fire Chief

REVIEWED & SUBMITTED BY: ______Daniel P. Sullivan, Fire Chief Reviewed:

Comments:

REGULAR AGENDA - April 15, 2009 Page 8

ATTACHMENT 1 BID SUMMARY COMMENTS BID NO. 08-08-0909

13. Price Analysis: Price taken from an established bid. 14. Description of Bid Item:

This apparatus will be a 2009 Freightliner Chassis with a customized box titled a 2010 Freightliner M2 medium framed chassis equipped to provide advanced life support and firefighting functions.

19. Current Price:

The purchase price of $234,492.00 is inclusive of all options to meet city needs, and reflects a $1500.00 savings provided by the manufacturer (Horton Emergency Vehicles) for first time buyers.

23. Comments:

This purchase utilizes the Florida Fire Chiefs’ Association and Florida Sheriffs Association Bid Specifications. Our Fire Department piggyback the base vehicles bid, and add components in line with our specific needs to ensure we procure a vehicle in line with City Ordinance, at the best available price, and which conforms to our strategy of standardizing our apparatus fleet. This vehicle was scheduled to be replaced in 2008. It is 1 year past due for replacement. Once this new vehicle is purchased, it will be placed in front line service, and our oldest vehicle will be disposed of in accordance with current City policy.

30. Warranty:

Structural Warranty of Major Components - 15 years from the date of Manufacture. Electrical System Warranty – 6 years/72,000 miles Paint Warranty – 4 years/48,000 miles

04/15/09 REGULAR AGENDA - April 15, 2009 Page 9 12A. CITY OF HALLANDALE BEACH, FLORIDA MEMORANDUM

FROM: Richard D. Cannone, Director of Development Services

SUBJECT: Application #17-09-PA by Highland Park Ventures, LLC An Ordinance Amending the Land Use Element of the City’s Comprehensive Plan by Changing the Land Use Designation of the Highland Park Village Parcel Located at 112 NW 3 Ave (CAD# 021/08)

PURPOSE

To adopt on First Reading, an Ordinance amending the Land Use Element of the City Comprehensive Plan by changing the land use designation of The Highland Park Village property located at 112 NW 3 Ave from Residential Low Medium to Residential High Density. This Amendment is pursuant to condition of approval for Major Development to recapture 23 Reserve Units.

BACKGROUND

The applicant, Highland Park Ventures, LLC has applied for a Comprehensive Plan Amendment to change the land use of the subject property to Residential High Density.

On April 16, 2008 the City Commission approved rezoning the subject property from Residential Two Family (RD-12) to Residential Multi-family (RM-25) and assigning 23 Residential Reserve Units to the Highland Park Village project in order to accommodate the proposed 53 unit multi-family development without the need of a plan amendment. The Planned Development Overlay District was also applied to the property.

On the same date, the City Commission also approved the Major Development Review application to build the 53 multi-family units on the property.

As a condition of the Development Agreement for the project, the developer was required to apply for a City and County Land Use Plan Amendment in order for the City to recapture the 23 Residential Reserve Units assigned to the property.

At the Planning and Zoning Board Hearing held on March 25, 2009, the Board by unanimous vote, recommended approval of the application. REGULAR AGENDA - April 15, 2009 Page 10 In accordance with Code requirements, the Notices of Hearing for the March 25, 2009 meeting were mailed to all property owners within a 1000 ft radius on March 13, 2009. The Notice of Hearing was posted on the property on March 14, 2009. The Notice of Hearing for the April 15, 2009 City Commission Meeting was mailed to all property owners within a 1000 ft radius on April 4, 2009. The Notice of Hearing was also posted on the property on April 4, 2009.

DISCUSSION

The proposed Plan Amendment would allow the city to recapture 23 Residential Reserve Units from Flex Zone #94.

The application is also in accordance with the approved Development Agreement between City and the applicant. Attached is the staff report prepared for the Planning and Zoning Board that includes both the policy and technical analysis and summary minutes of the hearing.

RECOMMENDATION

The City Commission adopt First Reading of the attached Ordinance. The Ordinance will be brought back to Commission for Second Reading upon Broward County Commission approval of the Plan Amendment.

Prepared by: ______Christy Dominguez, Director of Planning and Zoning

Reviewed:

___ Approved ___ Denied ___ Hold for Discussion

Comments:

______

______04/15/09 REGULAR AGENDA - April 15, 2009 Page 11 12B. CITY OF HALLANDALE BEACH MEMORANDUM

FROM: Richard D. Cannone, Director of Development Services/CRA Department

SUBJECT: Highland Park Village Public/Private Partnership CAD# 021/08

PURPOSE:

The City Commission/Community Redevelopment Agency (CRA) Board of Directors consider alternative funding mechanisms for the Highland Park Village Public/Private Partnership.

BACKGROUND:

Affordable housing is a critical issue not only within our City but in all of South Florida and demand is rising nationwide. Nonetheless, financing and developing affordable housing can be challenging. Many affordable-housing projects involve more planning and entail greater risks than similar market-rate projects due to the layers of financing required and the complexities of public/private partnerships.

As outlined in the Development Agreement on August 8, 2008 (see Exhibit “A”), the City of Hallandale Beach forged a unique public/private partnership with Shanco Building Group, to provide quality affordable housing within the City of Hallandale Beach. To ensure affordability, the CRA provided $2,500,000 as a land subsidy in order to “write down” the cost of these homes to future homeowners. Pursuant to City Commission and CRA Board of Directors direction, staff also developed a down payment assistance program that would be tailored specifically to this project, in order to bring much needed redevelopment to the Northwest Community (Note Section 6 of the attached Development Agreement).

As part of the overall marketing strategy for this project, the City of Hallandale Beach and Shanco Building Group hosted a Community Housing Fair on January 10, 2009 in which approximately 200 individuals attended. Based upon the overwhelming positive response, the applicant to date has approximately 18 units with reservation agreements (34% of total units) with another 12 units waiting for lender approval; total of 30 units (57% of the total project). Included as Exhibit “B” is a copy of the latest sales status report prepared by the developer.

DISCUSSION

Some of today's most creative affordable-housing solutions arise from innovative collaborations among nonprofit groups, private developers, and government agencies. Private developers that partner with public and nonprofit groups to pursue these projects have produced a number of profitable, successful affordable housing communities. REGULAR AGENDA - April 15, 2009 Page 12 However, finding and obtaining the financing necessary to get affordable housing initiatives out of the ground is typically the largest hurdle. In funding public/private housing partnership, financing these projects becomes very difficult. As a result many communities become creative in ways to finance these developments. In light of the recent economic downturn, this has become even more increasingly important, particularly for the public side in assisting in financing these much needed redevelopment projects.

As conditioned in “Exhibit C” of the attached development agreement”…to control carrying costs, the project will not start construction until it is 50% pre-sold.” As previously mentioned, once the 12 units receive lender approval, approximately 57% of the units will have reservation agreements for the project. Unlike conventional housing developments, which may require a 10% to 20% deposit, affordable housing developments many times allow individuals to achieve home ownership with little or no money down.

To ensure the success of this development, the developer has agreed to reduce the sales price for the two and three bedroom homes by $20,000. This reduction, coupled with the additional grant money secured from the Federal Home Loan Bank and new tax credits offered through the Stimulus package, this development is truly being created as a true partnership.

Unfortunately, due to the current economic crisis we are facing and the financial institutions unwillingness to fund new development, the developer has been unable to obtain construction financing until all 53 units are sold. What is being contemplated is the possibility of the CRA serving as a “back stop” by guaranteeing the sale of 26 units in order for the development to secure construction financing.

RECOMENDATION

The City Commission/CRA Board of Directors authorize the City Manager to negotiate an agreement with Highland Park Village, LLC to secure construction financing for the development and authorize the City Manager to execute all necessary documents, set up accounts, make expenditures and implement the project in the best interest of the City.

Reviewed:

04/15/09 REGULAR AGENDA - April 15, 2009 Page 13 12C. CITY OF HALLANDALE BEACH, FLORIDA MEMORANDUM

DATE: April 1, 2009

SUBJECT: Request by RK Associates for Assignment of Residential Flexibility Units for RK Townhomes, 1725 E. Hallandale Beach CAD#016/04

BACKGROUND INFORMATION

APPLICANT:

R.K. Associates

REQUEST:

The applicant is requesting assignment of 9 Residential Flexibility Unit from Flex Zone # 93 in order to build 9 residential townhome units at the RK Diplomat Center located at 1725 East Hallandale Beach Boulevard.

LOCATION:

The subject property is located at 1725 East Hallandale Beach Boulevard. Please refer to the attached survey for the full legal description.

PLANNING DISTRICT:

Diplomat/Three Islands

PARCEL SIZE:

The parcel is approximately 30.417 acres. The existing gross residential acreage is 3.53 acres. The proposed townhome project parcel is .64 acre. The commercial parcel would be reduced to 26.24 acres from the present 26.88 acres.

EXISTING ZONING:

(CCB) Central City Business District. The (PDD) Planned Development Overlay and (PRD) Planning Redevelopment Overlay District are also assigned to property. REGULAR AGENDA - April 15, 2009 Page 14

EXISTING USE:

R.K. Diplomat Center and the Duo Towers

PROPOSED USE:

Nine townhome units proposed in the existing parking area north of the Big Lots/ Office Max building.

COMPREHENSIVE PLAN:

City: General Commercial County: Commercial

SURROUNDING ZONING:

North - RM-18 (Residential Multi-Family) District and CR-P (Commercial Recreational- Passive) District South - B-L (Business Limited) District and B-O (Business Office) District East - B-L (Business Limited) District and R-M (Residential Multi- Family) District West - RM-18 (Residential Multi- Family) District

SURROUNDING LAND USE:

N: Residential Multi- Family and Diplomat Golf Course S: Commercial (across East Hallandale Beach Boulevard) E: Motel across Diplomat Parkway W: Residential Multi- Family ______

LAND USE HISTORY

RELATED LAND USE HISTORY

The applicant has also filed Application #02-08-DR for Minor Development Review approval. The proposal is to build 9 units. Per Section 32-782(a)(1), projects containing less than 10 units are subject only for staff review and approval. The application however, has been placed in abeyance pending assignment of the required Flexibility Units by the City Commission.

PREVIOUS REQUEST:

On February 3, 2004, the City Commission approved Application #23-04-CU for a Conditional Use Permit to build the Duo Towers, a 398 unit high density residential development in conjunction with the renovation of the commercial center. In addition, the applicant entered into a Development Agreement with the City for the residential development and renovations to the Center. The applicant has complied with all the requirements and conditions of the Development Agreement. REGULAR AGENDA - April 15, 2009 Page 15

DEVELOPMENT DETAILS:

The applicant’s site plan depicts the following:

1. An existing shopping center with 327,860 square feet of retail and restaurants.

2. 1312 parking spaces are required for the commercial uses and 1319 parking are provided.

3. Two existing 25 story towers, the Duo Towers, with a total of 398 units condominiums.

4. 763 parking spaces are required for the Duo Towers and 770 spaces are provided.

5. Nine proposed Townhome units with 3 bedrooms each.

6. Twenty parking spaces are required for the townhomes and 36 parking spaces are provided.

7. 16.11% of the property will be landscaped. (15% is the minimum required).

COMPREHENSIVE PLAN CONSIDERATIONS

The proposal is consistent with the City’s Comprehensive Plan.

APPLICABLE CODE AND ORDINANCES

1. The subject property is presently zone (CCB) Central City Business District. Article III Section 32-175 (2)(d)(5), of the City’s Zoning and Land Development Code, permits residential in by conjunction with a mixed use project subject to the provisions for residential and mixed use set forth in the Neighborhood Commercial category of the City’ Comprehensive Plan.

On February 3, 2004, the City Commission approved Application# 23-04-CU to allow residential uses on the property as a conditional use as permitted by Section 32-175(2) (d) (5). Therefore, a Conditional Use Permit has already been granted to allow residential development on the property. The proposed 9 townhouse units may be permitted subject to assignment of Residential Flexibility Units to the project by the City Commission. REGULAR AGENDA - April 15, 2009 Page 16 2. Section 32-455(c)(18) relative to shopping centers with 400-600,000 square feet requires 4 parking spaces per 1000 square feet of floor area.

The subject property is developed with 327,860 square feet of retail office and restaurant space. Based on the above, 1312 space are required for the commercial uses on the property and 1319 spaces are provided; thereby exceeding the Code requirement.

3. Section 32-455(b)(3) relative to multi-family residential uses required 1.5 spaces for every one bedroom apartment, 1.75 spaces for every 2 bedroom apartment and .25 spaces for each additional bedroom apartment in excess of two, plus an additional 10 of the total number required for guest parking.

The existing Duo Towers consist of 398 multi-family units generating a requirement of 763 parking spaces. The parking garage for the Duo provides 770 parking spaces exceeding the code requirement.

The proposed 9 townhomes are 3 bedroom units requiring 18 spaces plus 2 spaces for quest parking, for a total of 20 spaces. The applicant provides 36 spaces for the townhomes exceeding the required number needed by 16 spaces.

4. Section 32-174(i)(3) permits smaller yard areas than those of the underlying zoning district where the use is appropriate for a particular project. The minimum setback in PDD may be considered by utilizing one of the following methods:

a. the applicable setbacks of the underlying zoning b. establish setback pattern of adjacent property and property within 500 feet of the PDD site c. as a combination of (a.) and (b.) above utilizing good planning practices such as considering buffering, service area, and access for fire fighting equipment and containment of fire.

The applicant proposes to provide 11 feet rear yard setback. Buildings in CCB District require a minimum setback of 15 feet from the rear property line. To the north of the subject site is the Diplomat Golf and Country Club with no buildings near the proposed development. The applicant is requesting approval of the proposed 11 foot rear yard setback. The proposal was deemed appropriate for the site by the Fire Department, City Engineer and other reviewing departments.

5. The subject property is designated Commercial in the City’s and County’s Future Land Use Maps. The Neighborhood Commercial land use designation permits mixed commercial/residential developments as follows:

a. Residential uses shall be subject to allocation of Residential Flexibility or Reserve Units for the site.

b. For mixed commercial/residential developments greater than 5 acres in size, freestanding multi-family residential uses are permitted provided the gross residential acreage does not exceed 5 acres or REGULAR AGENDA - April 15, 2009 Page 17 40% of the commercially-designated site, whichever is greater, and the entire mixed commercial/residential development be governed by specific zoning regulations that establish criteria to ensure proper integration and compatibility of land uses within and surrounding the development.

c. Residential densities shall not exceed 50 dwelling unit per acre.

The subject property is 30.417 acres in size. Based on the above criteria, 40% of the commercially designated site is 12.16 acres. Accordingly, the residential densities for commercially designated land cannot exceed 50 dwelling units per acre or 608 units at the subject parcel. There are 398 residential units on the property. The applicant proposes to build nine additional townhouse units for a total of 407 residential dwelling units, less than the maximum allowed by the Comprehensive Plan. The use, however, is also subject to assignment by the City Commission of Residential Flexibility Units. Therefore, the applicant is requesting assignment of 9 Residential Flexibility Units to accommodate the 9 townhouse unit proposed.

6. Section 32-174(1)(2)(3) makes provisions for minor and major changes to approved development plans zoned PDD.

The proposal is considered a minor change to the originally approved Major Development Plan on February 3, 2004 per Section 32-174(i)(2) which permits the City Manager to deviate from approved development plans which do not depart from the principal concept. However, assignment of Flexibility Units which requires City Commission approval, is needed to accommodate the proposal.

STAFF SUGGESTIONS AND COMMENTS

The objective of properties zoned PDD is to enhance properties and surrounding areas while allowing flexibility in development. The proposal is considered minor deviation of the approved development plan for the property pursuant to Section 32-174(j) (2). The proposal is also consistent with the intent of properties zoned Central City Business District and the Citywide Comprehensive Master Plan for this area to promote mixed use projects.

Therefore, staff has no objections to the City Commission assigning the requested 9 Residential Flexibility Unit to the RK Townhomes project REGULAR AGENDA - April 15, 2009 Page 18

Recommendation:

The City Commission adopt the attached Resolution assigning 9 Residential Flexibility Units for RK Townhomes project located at 1725 E. Hallandale Beach Blvd.

Prepared by:

______Christy Dominguez Director of Planning and Zoning

Reviewed:

_____ Approved _____ Denied _____ Hold for Discussion

Comments: ______04/15/09 REGULAR AGENDA - April 15, 2009 Page 19 12D. CITY OF HALLANDALE BEACH MEMORANDUM

DATE: April 1, 2009

SUBJECT: Reconsideration by the City Commission of Condition of Approval of Applications #90-08-CU and #92-08-V by Elliot Kels On Behalf of A-1 Florist and Gifts to Operate a Hall for Hire at 103 NE 3rd Street

PURPOSE:

Reconsideration by the City Commission of condition of approval of Applications #90-08- CU and #92-08-V by Elliot Kels on behalf of A-1 Florist and Gifts to Operate a Hall for Hire at 103 NE 3 Street.

BACKGROUND:

Yvonne Rella, owner and operator of A-1 Florist and Gifts, filed the subject applications to operate an event facility for weddings, showers, banquets, etc. at 103 NE 3 Street.

The applications were presented to the Planning and Zoning Board at their December 10, 2008 meeting. The Board recommended approval of the application by a vote of 7-0 subject to staff’s conditions stipulated on the staff report to the Board dated December 10, 2008.

On December 17, 2008, the City Commission approved Applications #90-08-CU and # 92-08-V for a Conditional Use Permit and a variance to operate hall for hire closer than 300 feet to a residentially zoned use or property.

After discussion, the Commission approved the above referenced applications subject to the following conditions:

1. The events held at the Hall shall conclude at or before midnight; 2. The Hall shall not be subleased or rented to promoters for special events; 3. Maximum occupancy of the establishment shall not exceed 90 persons in accordance with the fire code; 4. No sale of alcoholic beverage shall be conducted on the premises; 5. No cooking or food preparation shall be conducted on the premises; 6. The Hall shall be limited to 1,387 square feet of leased space of unit #103 for the proposed activity; and 7. A restrictive covenant shall be recorded with Broward County and be filed with the city that establishes hours of operation for all uses in the center to provide for shared parking between day, evening and weekend uses. The covenant shall, to the extent possible, prevent overlap of hours of operation between restricted uses. In no instance shall the existing nonconforming situation be REGULAR AGENDA - April 15, 2009 Page 20 intensified. The covenant shall run with land and be binding on all future tenants and owners of the center.

The applicant and property owner have both agreed to the stipulated conditions. The restrictive covenant has been drafted and is currently being reviewed by the City Attorney for legal sufficiency prior to recordation with the County.

In accordance with Code requirements, the Notices of Hearing for the April 15, 2009 City Commission meeting were mailed to all property owners within a 1000 ft radius on April 5, 2009. The Notice of Hearing was also posted on the property on April 5, 2009.

DISCUSSION

Attached is a letter from Yvonne Rella requesting an extension of the operating hours beyond the approved 12:00 midnight. Ms. Rella has indicated many events by her prospective customers start later than 8pm and midnight does not provide the client with sufficient time, hence, the request for reconsideration of condition #1, the midnight closing time.

The midnight closing time restriction was the Police Department’s recommendation of approval for the subject applications. Ms. Rella’s request to extend the hours to 2:00 a.m. was referred to the Police Department for reconsideration.

The Police Department has again recommended the hour not be extended past midnight for the reasons stated in his previous memorandum dated November 20, 2008. (Copies of the Chief of Police’s reports are attached).

RECOMMENDATION:

Based on the Police Department’s recommendation, staff recommends the City Commission deny Ms. Rella’s request to extend the hours of operation to 2 a.m.

Prepared by:______Christy Dominguez, Director of Planning and Zoning

Reviewed:

04/15/09 REGULAR AGENDA - April 15, 2009 Page 21 12E. CITY OF HALLANDALE BEACH MEMORANDUM

DATE: April 3, 2009

FROM: Andrea Lues, General Services Director

SUBJECT: An Ordinance of the City of Hallandale Beach, Florida, Approving and Authorizing a Contract Amendment with AAAA Crosstown Towing and Recovery, Inc. ("AAAA") for Towing Service (Second Reading) CAD #013/03 & CMD #010/05

PURPOSE:

To approve the Ordinance on Second Reading renewing the Towing Franchise Agreement.

BACKGROUND:

On April 1, 2009 the City Commission approved on First Reading the Ordinance renewing the Towing Franchise Agreement with AAAA Crosstown Towing and Recovery, Inc. for the period April 1, 2009 through March 31, 2012. Additionally, the City Commission authorized the City Manager to negotiation in one year the fees and rates charged by AAAA Crosstown Towing.

RECOMMENDATION:

The City Commission approve on Second Reading the Ordinance renewing the Towing Franchise Agreement with AAAA Crosstown Towing and Recovery, Inc. for the period April 1, 2009 through March 31, 2012 and authorize the City Manager to negotiate in one year the fees and rates charged by AAAA Crosstown Towing

Reviewed:

04/15/09