Title
An Ordinance Of The City Of Hollywood, Florida, Amending Article 4 Of The Zoning And Land Development Regulations By Amending The Permitted Uses Within The RC-2 Historic Retail Core And YC Young Circle Mixed-Use Zoning Districts. (24-T-46)
Strategic Plan Focus
Economic Vitality
Body
Staff Recommends: Approval of the attached Ordinance.
Explanation:
SECOND READING:
On September 18, 2024, the City Commission unanimously recommended further consideration of the ordinance to second reading with the following three conditions:
1. Expand the prohibition of massage parlors from Hollywood Boulevard and Young Circle to all of applicable zoning districts.
2. Staff to recommend language regulating desirable and undesirable massage parlors to ensure compatibility and appropriateness within the applicable zoning districts.
3. For staff to research and provide appropriate language that will permit on-site dry-cleaning and associated services in an appropriate manner.
Staff have researched the request by the City Commission and have made the following changes:
EXECUTIVE SUMMARY
Massage Establishments: Permitted as a Special Exception with a minimum size requirement of 2,000 s.f. (Regulations in Article 3 still apply, Attachment C);
Dry Cleaner: Drop-off and pick-up as a main permitted use (‘as of right’), and a Special Exception for full-service dry cleaning.
RESEARCH SUMMARY
Massage Establishments
The existing Zoning Land & Development Regulations (ZLDR) have four (4) primary means of regulating massage establishments. They are outlined as follows:
1. Distance Separation
2. Use Definitions
3. Licensure
4. Operational and Use Standards
Article 3, Section 3.23 establishes a 2,500 linear foot distance separation requirement for primary use massage establishments (see Attachment ‘D’). Additional standards include licensing requirements, issuance of a Certificate of Use, and permissions for massage establishments as accessory uses occupying no more than 25% of the floor area of the principal use. Based on site selection requirements for massage franchises operating in Florida, it is recommended that a minimum square footage of 2,000 square feet be considered for downtown locations. This range is based on the needs of major franchises including, but not limited to Massage Envy, Hand & Stone, and Massage Heights, which offer multiple services, including massage therapy and skincare, and require adequate space for treatment rooms and retail areas. Staff also evaluated the need for flexible space utilization to support high customer traffic in dense downtown environments, ensuring that businesses can thrive while meeting customer demand.
Based upon City Commission direction and site selection research, staff modified the ordinance to allow Massage Establishments as a Special Exception in the applicable zoning districts, with a minimum size requirement of 2,000 square feet to enable desirable massage uses while discouraging undesirable uses.
On-Site Dry-Cleaning
On-site full-service dry cleaning can be a concern for urban downtown environments due to the potential environmental hazards associated with traditional dry-cleaning chemicals like perchloroethylene (PERC). PERC is classified as a hazardous air pollutant by the U.S. Environmental Protection Agency (EPA), and exposure can pose health risks to workers and residents in surrounding areas. These risks include air and water contamination, especially in densely populated urban environments like downtown settings. Staff reviewed reports published by the National Institute for Occupational Safety and Health, BMC Public Health, and the Front Public Health (see Attachment ‘E’). These reports noted that health, environmental, and fire hazards can be mitigated through design and operational measures. Eco-friendly alternatives and modern cleaning technologies are emerging that make on-site dry cleaning safer. Some examples include wet cleaning and CO2-based cleaning systems, which significantly reduce or eliminate hazardous chemical emissions. These alternatives are often encouraged in more environmentally conscious urban areas, particularly where residential and commercial spaces are in close proximity.
The State of Florida and Broward County also regulate dry cleaning. The State regulates dry cleaning facilities pursuant to Florida State Statute 376.3078 and provides a Drycleaning Solvent Cleanup Program through the Department of Environmental Protection and provides the Pollution “Prevention and Best Management Practices for Dry Cleaners Operating In Broward County” program (see Attachment ‘D’). Both resources regulate environmental impacts and provide business owners guidance on competing with federal, state, and local laws.
Staff, therefore, recommends maintaining permission for dry cleaning as drop-off and pick-up only as a use permitted ‘as of right’, and requiring a Special Exception for full-service dry cleaning.
In a downtown environment, a Special Exception will allow for careful review and oversight of dry-cleaning operations, particularly regarding the use of green cleaning practices. The Special Exception process allows city staff the ability to examine whether eco-friendly methods are used to reduce the risks of hazardous contamination typically associated with traditional chemicals like PERC. While full-service dry cleaning is generally undesirable in dense urban settings due to the increased potential for environmental harm, this approach allows for cautious, case-by-case consideration. In this case, Staff can mitigate risks by imposing conditions that ensure compliance with environmental standards and prevent future contamination. It's important to note that environmental remediation in urban, mixed-use environments is far more complex than in low-density suburban areas due to the close proximity of commercial, residential, and public spaces, increasing the potential for widespread disruption and higher costs. By granting a special exception, the City can err on the side of caution, requiring proactive measures that limit contamination and avoid costly future remediation efforts in these densely developed areas.
FIRST READING:
Explanation:
This text amendment is requested by the Community Redevelopment Agency (CRA) Board to remove the prohibition of offices and personal services on the ground floor adjacent to Hollywood Boulevard and Young Circle in Downtown Hollywood. The nature of office uses, which attract employees and occasional clientele, is magnified with the “personal services” use classification, which attracts a similar number of employees but will likely yield more clientele in shorter intervals throughout the day. Therefore, personal services have been included in the scope of the request while massage establishments, a specific type of personal service, maintain the current ground floor corridor prohibition except when operated as an accessory use or approved as a Special Exception (pursuant to Commission direction). The effort is supported by the aim to uphold the Objectives, Goals, and Policies of the City’s Comprehensive and City-Wide Master Plan.
The prohibitions only exist in the RC-2 - Historic Retail Core and YC - Young Circle Mixed-Use Districts. The petitioned request to remove the prohibition on offices and personal services on the ground floor would bring the RC-2 and YC Districts into greater alignment with the intent of the zoning code and Regional Activity Center future land use designation. Additionally, these regulations would be utilized within planning reviews, therefore avoiding any potentially for non-service/-customer-oriented businesses on the ground floor in the applicable districts.
On July 9, 2024, the Joint Historic Preservation and Planning & Development Board unanimously recommended approval of the ordinance by the Hollywood City Commission with the following two conditions:
City Staff to work with the CRA to define “Personal Services” that would be appropriate fronting Hollywood Blvd. and Young Circle prior to first reading by the City Commission.
To establish design conditions that would ensure visual activation of properties fronting Hollywood Blvd. and Young Circle, particularly with a lighting strategy that ensure the front spaces, windows, and façades remain lit after dark.
Attachments:
Proposed Amendment to Zoning and Land Development Regulations
Attachment A - Existing Zoning and Land Development Regulations
Attachment B - Land Use and Zoning Map
Attachment C - Existing Article 3 Governing Massage Parlors
Attachment D - Dry Cleaning Literature Review
Attachment E - Massage Franchise Literature Review
Business Impact Form
Fiscal Impact:
Approval of this Ordinance will not fiscally impact the City.
Recommended for inclusion on the agenda by:
Anand Balram, Planning Manager
Andria Wingett, Director of Development Services
Raelin Storey, Assistant City Manager