HB 1551

1	A bill to be entitled
2	An act relating to Broward County; creating the Pompano
3	Beach Entertainment and Economic Zone; providing a short
4	title; providing intent; providing definitions; providing
5	applicability; providing geographic boundaries; providing
6	regulations for off-street parking; providing regulations
7	relating to building height; providing regulations
8	relating to alcoholic beverages; providing sound level
9	standards; providing requirements for signage, the
10	application of business tax receipts, and review and
11	approval of special events and temporary use permits and
12	of developments; providing for liberal construction;
13	providing severability; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Short title.--This act may be cited as the
18	"Pompano Beach Entertainment and Economic Zone Act."
19	Section 2.  Intent.--The Pompano Beach Entertainment and
20	Economic Zone is hereby created in order to stimulate economic
21	growth and encourage revitalization and redevelopment, which
22	will attract businesses that complement and build on the zone's
23	unique entertainment and recreational identity.
24	Section 3.  Definitions.--The following words or phrases,
25	as used in this act, shall have the following meanings:
26	(1)  "City" means the City of Pompano Beach.
27	(2)  "Commercial establishments" means those establishments
28	that conduct activities within land areas which are
29	predominantly connected with the sale, rental, and distribution
30	of products; the performance of services; or that provide
31	entertainment.
32	(3)  "dBA" is the abbreviation designating the unit of
33	sound level as measured by a sound level meter using the A-
34	weighting.
35	(4)  "dBC" is the abbreviation designating the unit of
36	sound level as measured by a sound level meter using the C-
37	weighting.
38	(5)  "Off-premises signage" means a sign, relating in
39	subject matter to the business activity, commodity,
40	accommodation, service, or activities, which is not located on
41	the premises on which the sign is located.
42	(6)  "Pari-mutuel facility" means those facilities
43	regulated pursuant to chapters 550 and 551, Florida Statutes.
44	(7)  "Retail establishments" means those establishments
45	where goods are displayed and offered for purchase directly by
46	the intended consumer or user of said goods.
47	Section 4.  Applicability.--All governmental planning,
48	environmental, and land development laws, regulations, and
49	ordinances of the city shall apply to all development of land
50	within the Pompano Beach Entertainment and Economic Zone, except
51	as provided in this act.
52	Section 5.  Boundaries.--The boundaries of the Pompano
53	Beach Entertainment and Economic Zone shall include a portion of
54	Sections 32 and 33, Township 48 South, Range 42 East, together
55	with a portion of Sections 3 and 4, Township 49 South, Range 42
56	East, said portions lying within the City of Pompano Beach,
57	Broward County, Florida, said portions being more particularly
58	described as follows:
59	BEGIN at the intersection of the north line of said
60	Section 33 and the easterly right-of-way line of the
61	Florida Turnpike; thence easterly along said North
62	line also being the centerline of Martin Luther King
63	Boulevard, to an intersection with the centerline of
64	NW 27th Avenue; thence southerly along said centerline
65	to an intersection with the centerline of NW 13th
66	Street; thence westerly along said centerline and a
67	prolongation thereof to the northwest corner of Tract
68	A of SCHOOL SITE 3220, recorded in Plat Book 149, Page
69	50, Broward County Records; thence south along the
70	west line of said Tract A to the southwest corner
71	thereof, also being an corner on the north line of
72	Parcel A of ROGER BROWN'S MINIATURE HORSE FARM,
73	recorded in Plat Book 97, Page 49, Broward County
74	Records; thence south 50 feet to an angle point in
75	said north line; thence west along said north line to
76	the west line of said Parcel A, also being the east
77	line of Atlantic Boulevard Extension; thence southerly
78	along said west line to the southwest corner thereof;
79	thence east along the southerly line of said Parcel A,
80	also being the north line of Tract A of FLOWERS
81	DISTRIBUTION CENTER, as recorded in Plat Book 139,
82	Page 42, Broward County Records, to an intersection
83	with the west line of the east 25 feet of said Tract
84	A; thence south along said west line and along the
85	east line of Parcel A of NAJADA SENIOR HOUSING PLAT,
86	recorded in Plat Book 174, Page 192, Broward County
87	Records, and a southerly prolongation thereof to an
88	intersection with the centerline of NW 8th Street;
89	thence west along said centerline to an intersection
90	with a northerly prolongation of the west line of Lot
91	70 of COLLIER CITY ADDITION NO. 3, as recorded in Plat
92	Book 74, Page 50, Broward County, Records; thence
93	south along said prolongation and said west line, and
94	along the west line of the east 60 feet of West-half
95	(1/2) of the South two-fifths (2/5) of the Southeast
96	one-quarter (SE1/4) of the Southwest one-quarter
97	(SW1/4) of the Northwest one-quarter (NW1/4), in the
98	aforesaid Section 33, Township 48 South, Range 42
99	East, to an intersection with the centerline of NW 7th
100	Street; thence west along said centerline to an
101	intersection with a northerly prolongation of the east
102	line of Parcel A of S.H. PLAT, as recorded in Plat
103	Book 131, Page 6, Broward County Records; thence south
104	along said prolongation and said east line and a
105	southerly prolongation thereof to an intersection with
106	the centerline of NW 6th Court; thence east along said
107	centerline to an intersection with a northerly
108	prolongation of the east line of Parcel A of HORN PLAT
109	NO. 2, as recorded in Plat Book 129, Page 47, Broward
110	County Records; thence south along said prolongation
111	and said east line and a southerly prolongation
112	thereof to an intersection with the centerline of NW
113	6th Street; thence west along said centerline to an
114	intersection with a northerly prolongation of the
115	easterly line of Parcel B of said HORN PLAT NO. 2;
116	thence south along said prolongation and said easterly
117	line 127.69 feet to an angle point in said easterly
118	line; thence east 100 feet along said easterly line to
119	an angle point; thence south along said easterly line
120	and a prolongation thereof to an intersection with the
121	centerline of NW 5th Street; thence east along said
122	centerline to an intersection with the west line of
123	the east 335 feet of the South one-half (S1/2) of the
124	North two-fifths (N2/5) of the Southeast one-quarter
125	(SE1/4) of the Northwest one-quarter (NW1/4) of the
126	Southwest one-quarter (SW1/4) of said Section 33;
127	thence south along said west line to an intersection
128	with the centerline of NW 4th Court; thence west along
129	said centerline to an intersection with west line of
130	the east 535 feet of the South two-fifths (2/5) of the
131	Southeast one-quarter (SE1/4) of the Northwest one-
132	quarter (NW1/4) of the Southwest one-quarter (SW1/4);
133	thence south along said west line to an intersection
134	with the centerline of NW 4th Street; thence east
135	along said centerline to an intersection with the
136	northerly prolongation of the easterly line of Parcel
137	C of the aforesaid HORN PLAT NO. 2; thence south along
138	said prolongation and said easterly line 127.71 feet
139	to an angle point in said easterly line; thence west
140	50 feet along said easterly line to an angle point;
141	thence south along said easterly line and a
142	prolongation thereof to an intersection with the
143	centerline of NW 3rd Street; thence continue south
144	along said prolongation and along the east line of
145	Parcel A of G.C. 201 PLAT, as recorded in Plat Book
146	127, Page 38, Broward County Records, and along a
147	prolongation thereof to the centerline of NW 2nd
148	Street; thence west along said centerline to an
149	intersection with the west line of the east 535 feet
150	of the South one-fifth (S1/5) of the Northeast one-
151	quarter (NE1/4) of the Southwest one-quarter (SW1/4)
152	of the Southwest one-quarter (SW1/4) of said Section
153	33; thence south along said west line to an
154	intersection with the south line of said south one-
155	fifth (S1/5); thence east along said south line to an
156	intersection with the centerline of NW 30th Avenue;
157	thence south along said centerline to an intersection
158	with the westerly prolongation of the north line of
159	Parcel A of ENGSTROM PLAT, as recorded in Plat Book
160	152, Page 45, Broward County Records; thence easterly
161	along said prolongation and said north line to the
162	northeast corner thereof; thence north along the west
163	line of the East one-half (E1/2) of the South one-
164	third (S1/3) of the North three-fifths (N3/5) of the
165	Southwest one-quarter (SW1/4) of the Southeast one-
166	quarter (SE1/4) of the Southwest one-quarter (SW1/4)
167	of said Section 33 to the northwest corner thereof;
168	thence east along the north line said East one-half
169	(E1/2) and along the north line West one-half (W1/2)
170	of the South one-third (S1/3) of the North three-
171	fifths (N3/5) of the Southeast one-quarter (SE1/4) of
172	the Southeast one-quarter (SE1/4) of the Southwest
173	one-quarter (SW1/4) of said Section 33 to the
174	northeast corner thereof; thence south along the east
175	line of said West one-half (W1/2) to an intersection
176	with the centerline of NW 1st Street; thence east
177	along said centerline to the centerline of NW 27th
178	Avenue; the east to the northwest corner of Lot 1 of
179	DIAMOND'S PLAT, as recorded in Plat Book 98, Page 49,
180	Broward County Records; thence easterly along the
181	northerly line of Parcels 1 and 2 as described in
182	Special Warranty Deed recorded in Official Records
183	Book 35518, Page 906, Broward County Records, to the
184	northeast corner of said Parcel 2; thence easterly
185	across NW 26th Avenue to the Northwest corner of
186	Parcel B of G & W PROPERTIES PLAT, as recorded in Plat
187	Book 102, Page 4, Broward County Records; thence north
188	along the west line of Parcels B and A of said Plat to
189	the northwest corner of said Parcel A; then east along
190	the north line of said Parcel A and a prolongation
191	thereof to the centerline of Powerline Road; thence
192	southerly along said centerline to and intersection
193	with the centerline of Atlantic Boulevard; thence east
194	along the centerline of Atlantic Boulevard to an
195	intersection with the northerly prolongation of the
196	easterly line of Tract A of ATLANTIC COMMERCIAL
197	CENTER, as recorded in Plat Book 170, Page 102,
198	Broward County Records; thence southerly along said
199	prolongation and said easterly line to the southeast
200	corner of said Tract A; thence south perpendicular to
201	the south line of said Tract A, to the centerline of
202	Race Track Road; thence east along said centerline to
203	an intersection with the west right-of-way line of
204	Seaboard Coastline Railroad; thence southerly along
205	said west right-of-way line to an intersection with
206	the south line of the North one-half (N1/2) of the
207	aforesaid Section 3, Township 49 South, Range 42 East;
208	thence westerly along said south line also being the
209	north line of CYPRESS BEND, as recorded in Plat Book
210	104, Page 20, Broward County Records, to an
211	intersection with the centerline of Powerline Road;
212	thence northerly along said centerline to an
213	intersection with the centerline of North Course
214	Drive; thence westerly along the centerline of North
215	Course Drive to an intersection with the centerline of
216	NW 27th Avenue; thence northerly along the centerline
217	of said NW 27th Avenue to an easterly prolongation of
218	the north line of the South 744.32 feet of Tract A of
219	PALM-AIRE NORTH COURSE ESTATES 3rd SECTION, as
220	recorded in Plat Book 114, Page 39, Broward County
221	Records; thence westerly along said prolongation and
222	said north line to an intersection with the west line
223	of the East 450 feet of said Tract A; thence northerly
224	along said west line and a prolongation thereof to the
225	centerline of Atlantic Boulevard; thence westerly
226	along the centerline of said Atlantic Boulevard to an
227	intersection with the west line of the aforesaid
228	Section 33; thence northerly along said west line and
229	along the west line of the Plat of TEXACO POMPANO,
230	recorded in Plat Book 124, Page 10, Broward County
231	Records, and the west line of the Plat of PANTON
232	FARMS, recorded in Plat Book 89, Page 9, Broward
233	County Records, to the southwest corner of Parcel G of
234	GIBSON'S PLAT, as recorded in Plat Book 99, Page 45,
235	Broward County Records; thence continue north along
236	the westerly line of said Parcel G, 127.50 feet to an
237	angle point; thence easterly along said westerly line,
238	333.55 feet to an angle point in said line; thence
239	northerly continuing along said westerly line of
240	Parcel G, also being the west line of the East one-
241	half (E1/2) of the West one-half (W1/2) of the
242	Northwest one-quarter (NW1/4) of the Southwest one-
243	quarter (SW1/4) of the aforesaid Section 33, to the
244	northwest corner of said Parcel G; thence continue
245	north along the west line of the said East one-half
246	(E1/2), and along the west line of Parcel A of C.C.H.
247	SUBDIVISION, as recorded in Plat Book 84, Page 41,
248	Broward County Records, and along the west line of
249	Tract A of LLOYD E OLSON PLAT, as recorded in Plat
250	Book 103, Page 9, Broward County Records, to the
251	northwest corner of said Tract A; thence easterly
252	along the north line of said Tract A, also being the
253	south line of Tract A of GOLFVIEW MOBILE HOME PARK, as
254	recorded in Plat Book 111, Page 31, Broward County
255	Records, to the southeast corner of Tract A of said
256	GOLFVIEW MOBILE HOME PARK; thence northerly along the
257	east line of said Tract A, also being the west right-
258	of-way line of Atlantic Boulevard Extension, to the
259	northeast corner of said Tract A; thence westerly
260	along the north line of said Tract A and a westerly
261	prolongation thereof to the southeast corner of Parcel
262	A of BARDING PLAT, as recorded in Plat Book 167, Page
263	32, Broward County Records; thence northerly along the
264	easterly boundary of said Parcel A, 12.45 feet to
265	point of curvature of a 2259.86 foot radius curve
266	concave to the east; thence continue northerly along
267	said curve being the east line of Parcel A and also
268	being 300 feet west of and concentric with the West
269	Right-of-way line of Atlantic Boulevard Extension, an
270	arc distance of 581.46 feet to the northeast corner of
271	said Parcel A; thence continue north on a prolongation
272	of the last described course to the north line of said
273	BARDING PLAT; thence west along said north line also
274	being the centerline of a 100 foot wide canal right-
275	of-way to the northwest corner of said Plat being on
276	the East right-of-way line of the Florida Turnpike;
277	thence Northerly along said East Right-of-way line to
278	the POINT OF BEGINNING.
279	Said lands contain 453 acres, more or less.
280	Section 6.  Off-street parking requirements.--In order to
281	encourage a walkable, pedestrian-friendly environment and to
282	reduce the disruption of vehicular and pedestrian traffic, the
283	following off-street parking requirements shall apply within the
284	Pompano Beach Entertainment and Economic Zone:
285	(1)  All commercial establishments serving meals or
286	beverages shall provide one parking space for each 50 square
287	feet of floor area devoted to customer service, including
288	lounge, unless valet parking is provided. If valet parking is
289	provided, only one parking space for each 75 square feet of
290	floor area devoted to customer service, including lounge, shall
291	be required.
292	(2)  All retail establishments shall provide one parking
293	space for each 300 square feet, or fraction thereof, of gross
294	floor area, unless valet parking is provided. In the event that
295	valet parking is provided, only one parking space for each 350
296	square feet, or fraction thereof, of gross floor area shall be
297	required.
298	(3)  All pari-mutuel facilities shall provide one parking
299	space for each 500 square feet, or fraction thereof, of gross
300	floor area for the principal pari-mutuel facility structure,
301	unless valet parking is provided. In the event that valet
302	parking is provided, only one parking space for each 1,000
303	square feet, or fraction thereof, of gross floor area shall be
304	required.
305
306	Parking shall be based on the principal use for the principal
307	structure. Ancillary uses and structures shall not be calculated
308	separately towards the overall parking requirement.
309	Section 7.  Height.--The maximum height of structures
310	within the Pompano Beach Entertainment and Economic Zone shall
311	be 105 feet. Notwithstanding the foregoing, if the city deems it
312	appropriate, the city commission may permit structures to exceed
313	the maximum height.
314	Section 8.  Alcoholic beverages.--To help attract
315	businesses that complement and build on the Pompano Beach
316	Entertainment and Economic Zone's entertainment and tourism
317	identity, the Legislature deems it appropriate to extend the
318	hours of operations for establishments to sell, offer for sale,
319	deliver, or otherwise distribute alcoholic beverages for
320	consumption on the premises. Notwithstanding any county or
321	municipal ordinance to the contrary, alcoholic beverages shall
322	be permitted to be sold, consumed, served, or permitted to be
323	served or consumed in any establishment within the Pompano Beach
324	Entertainment and Economic Zone that holds a license under the
325	Division of Alcoholic Beverages and Tobacco of the Department of
326	Business and Professional Regulation, except between the hours
327	of 4 a.m. and 7 a.m. of the same day.
328	Section 9.  Sound level standards.--Given the unique
329	geographic location and character of the Pompano Beach
330	Entertainment and Economic Zone, sound pressure levels from
331	indoor or outdoor activities or outdoor operations within the
332	zone as measured outdoors at the property line of the site from
333	which the noise emanates shall not exceed the maximum levels set
334	forth below. The measurement shall be taken from the property
335	line, or individual lease boundary in the case of property that
336	has been subdivided by the execution of individual leases, of
337	the noise-generating property for a duration between 10 and 20
338	seconds, using a sound-level meter. The measurement shall not
339	exceed the following maximum levels:
340	(1)  Eighty-five dBA or eighty-seven dBC between the hours
341	of 8:00 a.m. and 11:00 p.m.
342	(2)  Sixty-five dBA or seventy-five dBC between the hours
343	of 11:01 p.m. and 7:59 a.m.
344	Section 10.  Signage.--Notwithstanding any municipal or
345	county ordinance to the contrary, all signage, including, but
346	not limited to, off-premises signage, shall be permitted subject
347	to city commission approval.
348	Section 11.  Business tax receipts.--Business tax receipts
349	shall only be required for principal use. Ancillary uses shall
350	not be required to obtain and shall not be assessed a separate
351	business tax receipt. In the case of pari-mutuel facilities,
352	slot machines shall be deemed to be an ancillary use.
353	Section 12.  Special events and temporary use permits.--All
354	special events and temporary use permit applications within the
355	Pompano Beach Entertainment and Economic Zone shall be reviewed
356	and approved solely by the city manager within 10 days after the
357	city's receipt of the application.
358	Section 13.  Approvals.--All development approvals within
359	the Pompano Beach Entertainment and Economic Zone shall be
360	reviewed solely by the city commission. All development
361	approvals within the Pompano Beach Entertainment and Economic
362	Zone shall not be subject to chapter 380, Florida Statutes.
363	Section 14.  Liberal construction.--The provisions of this
364	act shall be liberally construed to effect its purposes and
365	shall be deemed cumulative, supplemental, and alternative
366	authority for the exercise of the powers provided herein.
367	Section 15.  Severability.--If any section, clause,
368	sentence, or provision of this act or the application of such
369	section, clause, sentence, or provision to any person or bodies
370	or under any circumstances shall be held to be inoperative,
371	invalid, or unconstitutional, the invalidity of such section,
372	clause, sentence, or provision shall not be deemed, held, or
373	taken to affect the validity or constitutionality of any of the
374	remaining parts of this act, or the application of any of the
375	provisions of this act to persons, bodies, or circumstances.
376	Section 16.  This act shall take effect upon becoming a
377	law.

CODING: Words stricken are deletions; words underlined are additions.