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