City of Hallandale, Florida

CITY OF HALLANDALE BEACH, FLORIDA MEMORANDUM

DATE: June 15, 2011

TO: Planning and Zoning Board

FROM: Christy Dominguez, Director of Planning and Zoning

THRU: Thomas J. Vageline, Director Development Services Department

SUBJECT: Application #02-11-TC- Golden Isles Neighborhood Overlay District Ordinance

PURPOSE:

To amend Chapter 32, Article III of the Zoning and Land Development Code by amending Section 32-151 RS-5 Residential Single Family District and creating Section 32-181 Golden Isles Neighborhood Overlay District.

BACKGROUND:

In 1957, Golden Isles was replatted by H.B. Layne and a Declaration of Protective Covenants (also known as the Golden Isles Deed Restrictions) was recorded on all of the properties. In 1968, the City approved Ordinance 820 adopting the declaration of protective covenants relating to the residential section of Golden Isles.

In 2008, the City Attorney’s office advised the City could not legally enforce the Golden Isles Deed Restrictions, as Ordinance 820 adopted them by reference, not as an amendment to the City’s Zoning and Land Development Code (See Attachment 1- City Attorney’s memorandum dated November 30, 2009). The Deed Restrictions are recorded documents on all single family homes in Golden Isles, therefore, property owners are bound by them; however, they can only be enforced by private parties. Upon receiving the City Attorney’s determination, representatives from the Golden Isles Homeowner’s Association (GIHOA) contacted the City to discuss alternative options for enforcing the Golden Isles Deed Restrictions.

Staff met with the representatives of the Golden Isles Homeowner’s Association and advised that incorporating regulations from the Deed Restrictions into an overlay district would provide the City the ability to enforce those regulations. Staff and the GIHOA held several meetings with property owners in Golden Isles to discuss the idea of an overlay district. During those meetings, discussions also arose regarding additional regulations for consideration, which staff drafted in a survey and mailed to all Golden Isles single- family property owners on April 9, 2009. Of the 315 surveys mailed, approximately 125 To: Planning and Zoning Board RE: Application #02-11-TC-Golden Isles Overlay District Date: June 15, 2011 Page no. 2 were completed and returned to the City. The results of the survey are posted on the City’s website.

Although the majority of responses were in favor of the restrictions listed in the survey, there were many who were opposed to any additional regulations. As a result, the GIHOA voted on October 12, 2010 to incorporate only the regulations in the Deed Restrictions into the overlay district (See Attachment 2- GIHOA Meeting Minutes).

On October 19, 2010, a joint meeting was held between the Golden Isles Safe Neighborhood District and the Golden Isles Homeowner’s Association. In addition, staff was present to answer questions and discuss the overlay district adoption process to residents. It was also clarified that, if desired by a majority of the residents of Golden Isles, the overlay district could be expanded in the future; in the meantime, the City would be able to enforce the regulations in the Deed Restrictions, as originally intended.

On May 26, 2011, the City Clerk’s office received a petition with approximately 170 resident/homeowner signatures both for and against an overlay district (See Attachment 3- Golden Isles Petition). The petition does not list whether each signatory is a resident or homeowner and many of them did not print their name, therefore staff was unable to prepare a summary of the results.

ANALYSIS:

An overlay district is a supplemental zoning district, which provides additional regulations or flexibility to a designated area. Any regulation in an overlay district which conflicts with the underlying zoning district, the overlay district shall control (See Attachment 4- Regulation Comparison Chart). In accordance with the GIHOA decision of October 12, 2010, staff has drafted the attached Ordinance which incorporates Golden Isles Deed Restrictions into the Overlay District. Below is a summary of the proposed Ordinance:

1. Permitted uses include single-family home, residential accessory uses and public parks/playgrounds; 2. Minimum lot area of 11,000 square feet; 3. Minimum lot width of 75 feet, except for those lots located within Golden Isles Sections “A” which shall have a minimum lot width of 85 feet; 4. Maximum fence height of 4 feet in front and rear yard setbacks and 6 feet in side yard setback; 5. All developed single family lots shall provide and maintain a minimum of 3 trees of 15 feet in height when measured immediately after planting; 6. Built-up tar and gravel roofs shall not be permitted on any building or structure; and 7. Only one temporary real estate or construction sign not to exceed 200 square inches (1.39 square feet) in sign area. 8. The permitted dock width in the Deed Restrictions is 2 feet, with the exception of Section “D” which permits 5 feet. Staff is proposing to amend the permitted dock width to 5 feet. 9. No commercial vehicles are permitted to be parked for more than 4 hours or overnight.

Staff has also included language in the Ordinance regarding future amendments to the To: Planning and Zoning Board RE: Application #02-11-TC-Golden Isles Overlay District Date: June 15, 2011 Page no. 3 ordinance, which state that:

10. Any amendment to the overlay district requires a courtesy mailed notice to all single family property owners in Golden Isles prior to any public hearing; and

11. If 51% or more of the property owners file signed, written objections to a proposed change of the ordinance with the City two days prior to the Commission meeting, then a supermajority of the City Commission is required to pass the change.

CONCLUSION/RECOMMENDATION:

Staff recommends the Planning and Board Zoning recommend approval of the attached Ordinance amending Chapter 32, Article III of the Zoning and Land Development Code by amending Section 32-151 RS-5 Residential Single Family District and creating Section 32-181 Golden Isles Neighborhood Overlay District. Subsequently, the Ordinance will be presented to the City Commission for First and Second Readings.

Prepared By: ______Sarah Suarez, AICP Senior Planner