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R10-021 II I RESOLUTION NO. RIO- 021 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING ISSUANCE OF A "NOTICE 5 OF INTENT" TO COMMENCE A TEMPORARY 6 MORATORIUM FOR ONE HUNDRED EIGHTY (180) 7 DAYS ALLOWING STAFF TO REVIEW, STUDY, AND 8 REVISE ZONING AND USE REGULATIONS 9 REGARDING ADULT ENTERTAINMENT USES; AND 10 PROVIDING AN EFFECTIVE DATE. II 12 WHEREAS, Ordinance 00-53 (codified in Article XI of Chapter 2 of the City's Land 13 Development Regulations) authorizes temporary moratoriums to allow the City staff and City 14 consultants to study the need for modifications to City development regulations in response to 15 trends on development or redevelopment in the City; and 16 WHEREAS, the United States Supreme Court in its 2002 opinion in Tahoe-Sierra 17 Preservation Council, Inc. v. Tahoe Regional Planning Agency recognized that the moratoria, or 18 "interim development controls" as they are often called, are an essential tool of successful 19 development; and 20 WHEREAS, adult entertainment 1 uses are currently permitted uses in the C-3, PCD, 21 PID and M-I Zoning Districts and are conditional uses in the C-4 Zoning District, subject in all 22 cases to distance requirements as set forth in Section 11.M of Chapter 2 of the City's Land 23 Development Regulations; and 24 WHEREAS, the Commission deems it timely and in the best interest of the City and its 25 residents to undertake review and revision of the zoning and use regulations as they relate to the 26 location, use and operation of adult entertainment establishments; and I ADULT ENTERTAINMENT ESTABLISHMENT - A commercial enterprise which predominately limits admission to "adults only" owing to the sexual nature of its merchandise or entertainment. Such establishments may include, but not limited to, adult bookstores, adult theatres, adult lounges, adult health studios, adult motels or hotels with nude, bottomless or topless entertainment or employees. S\CA\RESO\Notice ofIntent\Reso - NO! Adult Entertaiment 020210.doc II I WHEREAS, the Commission has authority to initiate the review process by resolution 2 and issuance of a Notice ofIntent; and 3 WHEREAS, the Notice of Intent attached to this Resolution as Exhibit "A" represents a 4 formal announcement of said planning activities, and the period during which time all 5 applications related to the operation of adult entertainment establishments must be halted; and 6 WHEREAS, this Notice of Intent will be in effect from the date of adoption and 7 thereafter for a period of 180 days following the date of adoption unless otherwise extended by 8 the City Commission by subsequent Resolution following public hearing; and 9 WHEREAS, the Commission intends that this Resolution constitute zoning in progress 10 and the commencement of a temporary moratorium as a means of halting the opening or II expansion of an adult entertainment establishment during the one hundred eighty (180) day study 12 period herein described. 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 14 CITY OF BOYNTON BEACH, FLORIDA, THAT: 15 Section 1. The City Commission of the City of Boynton Beach, Florida does hereby 16 issue the Notice ofIntent attached hereto as Exhibit "A". 17 Section 2. That this Resolution shall become effective in all zoning districts city- 18 wide immediately upon passage. 19 Section 3. The Notice of Intent shall be posted and copies provided as required by 20 Ordinance 000-053. 21 Section 4. No application for a development activity or Business Tax Receipt, that is 22 defined within the scope of the study shall be accepted by the City following the date of adoption 23 of this Resolution and during the study period. No application for a development activity or S:\CAIRESO\Nolice ofIntentlReso - NO! Adult Entertaiment 020210.doc II r j i I Business Tax Receipt, that is defined within the scope of the study shall be further processed by 2 the City, following the date of adoption of this Resolution during the study period, unless the 3 application was filed prior to the adoption date of this Resolution. ~rJI) 4 PASSED AND ADOPTED this ~ day of February, 2010. 5 6 7 8 9 ., 10 II 12 13 14 15 16 17 18 Commis 19 .~ 20 21 22 ~aL 23 24 2 26 27 28 (Corporate Seal) 29 S:ICA\RESOINolice ofIntent\Reso - NO! Adult Entertaimenl 020210.doc EXHIBIT nAn NOTICE OF INTENT TO ADOPT PENDING LAND DEVELOPMENT AMENDMENTS NOI #2010-02 STATEMENT OF PURPOSE AND SCOPE OF STUDY The purpose of this Notice of Intent is to declare a period to prepare and bring forward for adoption amendments to the Land Development Regulations pertaining to adult entertainment uses. AFFECTED AREA AIl properties located throughout the City that are zoned C-3, C-4, PCD (Planned Commercial Development), PID (Planned Industrial Development), or M-1. GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT REGULA TIONS (LDR) 1. Changing the zoning districts where Adult Entertainment Uses are permitted uses, conditional uses, or prohibited uses; 2. The addition of operational requirements applicable to Adult Entertainment Uses; and 3. Provide buffering and landscape requirements, or other development standards applicable to Adult Entertainment Uses. AFFECT ON DEVELOPMENT IF REGULATION ADOPTED The intent of amendments to the Land Development Regulations is to protect land uses and properties from unjustifiable impacts that could be caused by the development and/or operation of Adult Entertainment Uses. I f findings reveal potential land use incompatibilities between future Adult Entertainment Uses and adjacent properties, uses, road corridors, or redevelopment areas, the intent of new regulations generated from the study wiIl be to minimize or eliminate potential impacts upon adjacent properties, thoroughfares and redevelopment areas. EXISTING SECTIONS OF THE CODE OF ORDINANCES WHICH ARE THE SUBJECT OF THE STUDY AND MAYBE AMENDED Part II, Chapter 13. Licenses Part III, Chapter I, Article II. Definitions Part III, Chapter 2. Zoning, Sec. 6.C. C-3, Community Commercial District; Part III, Chapter 2. Zoning, Sec. 6.0. C-4, General Commercial District; Part III, Chapter 2. Zoning, Sec. 6.G. PCD, Planning Commercial Development District Part III, Chapter 2. Zoning, Sec. 7. PID, Planned Industrial Development District; LOR, Chapter 2. Zoning, Sec. 8. M-I, Industrial District regulations and use provisions; LOR, Chapter 2. Zoning, Sec. II.M, Adult Entertainment Establishments; Special Restrictions. ('-\Documents and Settmgs\Prainit\lJ',l.ncal St:ttmgs\lemplJrary Inlernc\ Files\OLK l04\NOI ~OlO-()~ {Adult FOIl.doc PROJECTED TIME FRAME FOR STUDY One Hundred and Eighty (180) days from the date of approval of this Notice by the City Commission. STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING REGULA TION WOULD AFFECT Effective on adoption of this Notice, no application or uses within the Affected Area deemed incomplete shall be processed and no new application shall be accepted or processed during the period that this Notice is in effect. This Notice of Intent shall only apply to any application processed by the City that relates to an Adult Entertainment Use. Adult Entertainment Uses are defined by the Land Development Regulations, Part 3. Chapter I. Article II. Definitions. ADDITIONAL NOTICE 1. The Notice of Intent shall be posted in the Development Department and in the notice case located at the main entrance to City Hall. 2. A copy of the Notice oflntent shall be mailed to the Chamber of Commerce. 3. Following issuance of this Notice of Intent, the notice shall be provided to all applicants who may be potentially affected by the pending study and regulatory changes. This notice shall be provided to those individuals by mail, facsimile, electronic mail or in person. Comments including written objections to the Notice of Intent, shall be accepted by the Development Department Director from recipients of this notice. Neither failure by the City Clerk to provide notice as set forth in this section not the lack of awareness of any potentially affected applicant shall not invalidate the applicability of this notice. Dated: February /'1,.J...D /0 Adopted by Resolution n;p;ber R I 0- OJ.-l of the City Commission of the City of Boynton Beach, Florida the ;(A/O day of tfi~U.ARt 201 O. - I By: . 11/1L7J t7ft&l Clerk C\Documt:nts and Sl.'ltings\PrainitoJ\Lo.:al Setting.s'IT l.'mporary lnh:rm:t Filt:s\Ol.K 1 04\)\()] 2010.011 Auull Lnt} doc