AGENDA ITEM REPORT
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AN ORDINANCE CHANGING THE LIST OF PERMITTED AND SPECIAL LAND USES AND MODIFYING SITE DESIGN STANDARDS AND DEVELOPMENT REGULATIONS, BY REZONING THE PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF HILLSBORO BOULEVARD AND LYONS ROAD, AS LEGALLY DESCRIBED IN EXHIBIT “A,” ATTACHED HERETO AND MADE A PART HEREOF, FROM PCD (MARKETPLACE AT HILLSBORO), PLANNED COMMERCE DISTRICT, TO PCD (MARKETPLACE AT HILLSBORO II), PLANNED COMMERCE DISTRICT; AMENDING ORDINANCE NO. 144-96 TO THE EXTENT SUPERSEDED BY THIS REZONING; PROVIDING FOR FINDINGS. (QUASI-JUDICIAL)(SECOND PUBLIC HEARING)
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BACKGROUND:
This item was approved on First Reading at the September 23, 2021, City Commission Meeting.
In response to the request from the family of Daniel Agami at the September 23, 2021, City Commission meeting, the applicant has committed to working with their tenant, the U.S. Postal Service, to properly recognize the “Army Specialist Daniel Agami Post Office.” Additionally, the architect for the applicant has already begun to explore other opportunities within the plaza to further recognize the renaming. Staff will work closely with the applicant to facilitate the processing of any necessary design changes.
The applicant, Hillsboro Marketplace Investments, LLC, is requesting rezoning approval to adopt the new Marketplace at Hillsboro II PCD zoning to change the list of permitted and special land uses and modify site design standards. The site is currently zoned as the Marketplace at Hillsboro PCD.
On August 7, 1996, the City Commission adopted Ordinance No. 144-96, approving the original rezoning for both the Hillsboro Center and Hillsboro Center - No. 2 plats from B-3 (Community Shopping District) to PCD (Marketplace at Hillsboro Planned Commerce District). Known as the Marketplace at Hillsboro PCD, site plans for development within the PCD were approved by the Planning and Zoning Board as follows:
1. Main Retail Plaza - August 12, 1987;
2. Tire Choice - October 02, 1997;
3. Walgreens - December 12, 2001; and
4. Burger King - August 8, 2007.
For reference, the existing gas station located at 4299 Hillsboro Boulevard, is not included in the PCD and maintains a B-2 (Convenience Shopping) zoning designation. Located at the northeast corner of Lyons Road and Hillsboro Boulevard, the subject property, 13.63+/- total acres, consists of two (2) plats:
Hillsboro Center - Parcel “A,” “Hillsboro Center,” which includes:
• Existing Main Retail Plaza (amended master site plan proposed)
• New Retail building (as currently proposed)
Hillsboro Center No. 2 - Parcel “A,” “Hillsboro Center - No. 2,” which includes:
• Existing Tire Choice Store (no changes to site)
• New Restaurant “Cali-Coffee” with drive-thru (as currently proposed)
The Walgreens and Burger King sites, are under separate ownership from the main plaza and are not included in this application. This application applies only to the main retail plaza, the Tire Center, and the currently vacant outparcels proposed for development concurrently with this application, all of which are under the same ownership. The Walgreens and Burger King parcels will remain zoned PCD (Marketplace at Hillsboro Planned Commerce District), under the original ordinance (Ordinance No. 144-96).
Concurrently with this application, a master site plan, an outparcel site plan and special land use, a separate outparcel retail building site plan, and four vacation of easements (three applications) are also under review and consideration.
DISCUSSION:
The applicant proposes new PCD regulations for the existing main retail center, the Tire Choice site, and the vacant outparcels (all under the same ownership), in the proposed zoning - PCD (Marketplace at Hillsboro II Planned Commerce District). Significant site improvements are proposed, including an updated façade with modern architecture, parking lot alterations to increase pedestrian and landscape buffer areas, build-out of the existing outparcels, and conversion of the permitted and special land uses to the City Code’s current master business list. Some of these changes, although an improvement to the site, are not consistent with the development regulations in the 1996 PCD and, therefore, require a rezoning to adopt the new development regulations within the new PCD (Marketplace at Hillsboro II). In total, the proposed improvements are estimated to add approximately $5 million in new building value when fully built-out.
The new PCD regulations propose to blend current code requirements with the previous PCD requirements everywhere practical. The existing vacant outparcel areas will conform as much as practical to current codes within the new PCD. Modifications from the City’s Land Development Code are necessary as the City’s Code has changed over the years and the existing site as constructed and designed may not meet modern zoning requirements. However, the site will still feature significant aesthetic and functional improvements that carry out the purpose and intent of the PCD zoning district and the City’s vision for the Hillsboro Boulevard corridor.
The proposed zoning, PCD (Marketplace at Hillsboro II Planned Commerce District) adopts new development regulations slightly different from the current B-3 Land Development Code in several respects, as follows:
• Minimum outparcel parcel size. The original PCD contains legal nonconforming outparcels less than the one acre minimum requirement of today.
• Number of permitted outparcels. The original PCD has seven outparcels, two of them vacant, where only two would be permitted today.
• Distance between buildings. The original PCD approved outparcel buildings in locations throughout the site that are less than the current 30 foot building separation requirement of today.
• Landscape Design Requirements. Adjustments are proposed to current landscape code requirements relating to tree numbers, landscape buffer size along Hillsboro Boulevard and landscape strips between buildings and parking areas. Appropriate tree mitigation fund contributions and preservation is proposed.
• Parking space dimensions. Adjustments to current code requirements relating to parking space dimensions, maneuvering within 50 feet of a right-of-way, and a new shared parking rate are requested in the PCD to address existing site constraints and proposed improvements. The site will still meet the current minimum parking requirements in the City Code.
• Open Space. Based on site constraints of the built environment and the proposed site and roadway improvements, the traditional code definition of 20% open space cannot be met. The new PCD is proposing an alternative solution to include pedestrian areas along with the traditional amount of open space, which would fulfill the intent of the Code regarding open space and achieve 23.8% open space coverage.
Hillsboro Corridor Improvements. Exhibit L of the new PCD (Hillsboro Marketplace II) regulations illustrate the increased 25 foot landscape buffer with amenities and 10 foot meandering sidewalk along the Hillsboro Boulevard frontage. As illustrated, these improvements will significantly increase the aesthetic value to the shopping center and are consistent with the Hillsboro Corridor Design Guidelines.
This application for rezoning contains the same boundary as the original 1996 PCD with the exception of parcel numbers: 4842-05-13-0021 (currently Walgreens) and 4842-05-12-0012 (currently Burger King). Unfortunately, the applicant was not able to convince the Walgreens and Burger King property owners to join into the new PCD. For redevelopment purposes, the Burger King and Walgreens parcels will remain under the original 1996 PCD standards while the Tire Choice, which remains under the same ownership as the main retail center and the two currently undeveloped outparcels, will be rezoned and subject to the new PCD. Special Land Use requirements identified in the original 1996 PCD for developed outparcels is intended to be continued.
PUBLIC INVOLVEMENT:
Per Section 13-36, “Zoning Map Amendments,” subsection (c), property owners within 500 feet of the subject property were notified by mail of the rezoning request and invited to attend the Planning and Zoning Board and City Commission meetings. Sixty-one (61) notices were mailed by the City on May 26, 2021, and September 9, 2021. In addition to the mailings, the site was also posted with a 4 x 4 sign notifying the public of the rezoning request. To date, staff has received one (1) public inquiry related to the project.
As part of the application review process and in addition to the above Code-required public notices and site posting, the applicant was required to perform community outreach in an effort to provide project information to neighboring property owners and neighborhood associations as well as hear and address concerns and issues raised through this process. The applicant has submitted a Community Outreach Summary for this project, which is included as part of the agenda backup for this application. Key efforts resulting from their outreach included a meeting held at the plaza on November 19, 2020, from 6 p.m. to 8 p.m., which was intended to provide a forum for residents and businesses but was open to the public.
RECOMMENDATION:
The Planning and Zoning Board, at its August 11, 2021, meeting, recommended approval of the rezoning application subject to the condition that outstanding DRC comments remain effective throughout the development review process and must be addressed prior to issuance of a building permit. Outstanding DRC comments are included in the Planning & Zoning Board Agenda backup and are available online for your review.
In addition to the Planning and Zoning Board recommendation, staff further recommends the following conditions of approval:
1. The property owner(s) shall properly maintain the median landscaping on NW 71st Street as shown on the Street Buffer Entry Landscape Plan dated February 18, 1998.
2. Prior to the issuance of the first Certificate of Occupancy or Certificate of Completion, whichever comes first, on the proposed shopping center improvements, the property owner(s) shall paint, stucco, and repair as necessary the north and east perimeter buffer wall shown on Sheet LP-1.1 of the Overall Landscape Plan.
3. The property owner(s) shall install delivery vehicle wayfinding signage at the NW 71st Street driveway entrance to guide those vehicles into the plaza at that driveway to avoid driving further east on NW 71st into the residential neighborhood.
4. The property owner(s) shall provide to the City a fully-executed and publicly recorded copy of the Unity of Title or Covenant in Lieu of Unity of Title, demonstrating unified control pursuant to Section 13-355(b)(6) of the Land Development Code for the subject parcels within the subject PCD (Hillsboro Marketplace II) within 30 days of the approval of this ordinance.
FISCAL IMPACT: N/A