AGENDA ITEM REPORT
TITLE:
title
AN ORDINANCE APPROVING THE REZONING REQUEST OF DAVID AULD OF JOHNS FAMILY PARTNERS, LLLP AND THE CITY OF COCONUT CREEK TO REZONE FROM A-1, AGRICULTURAL, MCJAMES PCD, PLANNED COMMERCE DISTRICT, R.M. GREEN PCD, PLANNED COMMERCE DISTRICT, AND IO-1, INDUSTRIAL OFFICE DISTRICT TO PLANNED MAINSTREET DEVELOPMENT DISTRICT (PMDD) AND ADOPT THE “MAINSTREET AT COCONUT CREEK PMDD” DEVELOPMENT STANDARDS TO PERMIT A MAXIMUM OF 2,360 MULTI-FAMILY RESIDENTIAL UNITS AND 225,000 SQUARE FEET OF NON-RESIDENTIAL USE FOR THE PROPERTIES LEGALLY DESCRIBED IN EXHIBIT “A,” ATTACHED HERETO AND MADE A PART HEREOF. (QUASI-JUDICIAL)(SECOND READING)(SECOND PUBLIC HEARING)
body
BACKGROUND:
This item was approved on First Reading at the December 14, 2023, City Commission Meeting. However, the City Commission discussed, at First Reading, several issues that were of concern related to the PMDD application and directed the applicant to address these issues prior to Second Reading. These issues included the following:
• Extending signal warrant analysis requirement to remain in place for three (3) years following issuance of final Certificate of Occupancy (CO) for each intersection signalization requirement in the PMDD and the DRI;
• Screening of multi-story parking garages; and
• Clarifying the commitment to a mixed-use component, if warranted, including ground floor retail on multi-family blocks.
The applicant has addressed these issues within the PMDD document and will be prepared to discuss at Second Reading. Additionally, staff has added new conditions related to the exhibits included within the PMDD, clarifying that they are conceptual in nature and that final design approval shall be at the time of site plan approval for each respective PMDD-required site plan.
The applicant, Scott Backman of Dunay, Miskel & Backman, LLC, on behalf of the owner, David Auld of Johns Family Partners LLLP, in cooperation with the City of Coconut Creek as a property owner (collectively the “Applicant”) is requesting a rezoning approval from A-1 (Agricultural), McJames PCD (Planned Commerce District), R.M. Green PCD (Planned Commerce District), and IO-1 (Industrial Office District) to PMDD (Planned MainStreet Development District). The rezoning would approve the “MainStreet @ Coconut Creek PMDD” that will provide development standards to permit a maximum of 2,360 multi-family residential units and 225,000 square feet of non-residential use. The properties are generally located between Lyons Road and State Road 7 (U.S. 441) and between Wiles Road and Sample Road.
The site of the rezoning is located within the MainStreet Project Area (MSPA), which includes all properties within the Regional Activity Center (RAC) Future Land Use Designation bordered by State Road 7 (U.S. 441), Wiles Road, Lyons Road, and Sample Road. This land use designation was approved at the same time that the PMDD zoning district was created, along with the MainStreet Design Standards (MSDS) in the mid-2000s. The MSDS do not have the effect of rezoning any property to PMDD; however, it does serve as the overall design framework for future development projects within the MSPA, as they are rezoned to PMDD.
Thus, when a development project is proposed in the MSPA, rezoning the subject property to a PMDD zoning designation is required to establish uses, densities and intensities, architectural design, and development regulations (among other development standards). The regulations proposed in the PMDD are evaluated for consistency with the MSDS, the Land Development Code, and the Comprehensive Plan. In the event regulations proposed in a PMDD are not consistent with certain standards and principles in the MSDS or the Land Development Code, the applicant must provide Alternate Solutions (Exhibit P), justifying how they accomplish and maintain the overall concept of the MSDS.
DISCUSSION:
The subject property, to be known in this report as the “Property,” is made up of multiple parcels owned by Johns Family Partners, LLLP; Elster/Rocatica, LLC; and the City of Coconut Creek located within the MSPA.
The proposed MainStreet @ Coconut Creek PMDD (MainStreet PMDD) provides guidelines for the creation of a sustainable, mixed-use downtown development in the heart of the City of Coconut Creek. Development standards promote a pedestrian-oriented community organized around an interconnected system of open spaces, parks, and greenway trails. The allowance of compact development includes one (1) and two (2) story for-sale townhomes, and multi-family apartments and condominiums. Commercial uses include restaurants, neighborhood retail, personal services, and a grocery store. Recreational uses include both private and public amenities, public parks and civic and/or cultural uses. On Block 14 of the MainStreet PMDD, the City is planning for a new Fire Station 113 to replace the temporary facility currently located along Wiles Road and evaluating the feasibility of a larger public safety complex to house other city facilities.
The PMDD also establishes permitted uses, density, height, setbacks, streetscape requirements, right-of-way design, plaza and open space requirements, utilities, phasing, and building design standards. Finally, the PMDD provides for:
• Sustainable building practices, education, operations, and Electric Vehicle (EV) transportation;
• Compact urban design to promote multiple modes of transportation such as walking, biking, and the use of public transit;
• Multi-use pathways;
• Connection to transit opportunities;
• Connected public amenities such as greenways, pocket parks, and civic open spaces;
• Civic spaces with diverse programming ranging from passive to active activities; and
• Protection of environmentally sensitive areas.
The MainStreet PMDD will serve as a master plan and regulating document to guide proposed development within its boundaries. In conjunction with the PMDD rezoning application, the applicant has filed applications to amend the Development of Regional Impact (DRI) ordinance and to replat the property, in addition to site plans for all publicly dedicated roadways and public parks, and site plans for each privately-owned development block within the PMDD. The plat and site plans are currently under review by the City’s Development Review Committee (DRC) and will be brought before the Planning and Zoning Board and City Commission at future public hearings. As part of the amendment to the DRI, the applicant and the City will also enter into a development agreement providing terms and conditions pursuant to Florida Statutes that will outline a plan for permitting and development of the properties, including all ancillary infrastructure improvements and public facilities.
Public Involvement:
As part of the application review process, the applicant was required to perform community outreach, provide project information to neighboring property owners, and hear and address concerns and issues raised through this process. A Community Outreach Summary for the project was submitted, which is included as part of the agenda backup for this application.
Key efforts resulting from the applicants outreach include:
• A dedicated website, www.mainstreetlivebetter.com <http://www.mainstreetlivebetter.com>, where historical City information and details of the proposed project are highlighted. The website includes color renderings, aerial images, master site plan, photo gallery, a frequently asked questions section, and contact page where the development team is available to answer questions via a Q&A portal.
• Three (3) public Neighborhood Outreach meetings, conducted in an Open House format, were held at the Residence Inn by Marriott, 5730 N. State Road 7, from 5:00 to 7:00 p.m. as follows:
1. Monday, August 28, 2023, Evergreen Lakes and residents within five hundred (500) feet of the property.
2. Tuesday, August 29, 2023, Riviera Palms residents.
3. Wednesday, August 30, 2023, Coquina residents.
Site plans and renderings were presented at the Neighborhood Outreach meetings and residents were given an opportunity to ask questions “one-on-one” with the applicant. Pursuant to Section 13-36(c), property owners within five hundred (500) feet of the subject property were notified by mail of the rezoning request and invited to attend the City Commission meeting. Twenty-one (21) rezoning public hearing signs were posted on the property fourteen (14) days prior to the City Commission meeting. Four hundred and ninety seven (497) notices were mailed by the City on November 30, 2023. As of the date of preparing this staff memo, the City has received two (2) resident inquiries related to the project.
RECOMMENDATION:
City staff finds that the rezoning request complies with City Code Section13-36(e), “Rezoning Standards,” is consistent with the City’s Comprehensive Plan, and that the proposed alternative solutions outlined in Exhibit “P” maintain the overall principles and purpose of the MSDS subject to the conditions of approval. The Planning and Zoning Board, at its October 11, 2023, meeting recommended approval of this application subject to the conditions. Outstanding DRC comments are included in the Planning & Zoning Board Agenda backup and are available online for your review:
1. Outstanding DRC comments remain effective throughout the development review process and must be addressed as stated therein, provided all DRC comments and City Commission revisions directly affecting the MainStreet @ Coconut Creek PMDD document, shall be implemented and the revised document submitted to the City in final form no later than eleven (11) calendar days after approval by the City Commission on second reading.
2. Pursuant to Section 380.06163.3225, Fla. Stat., the applicant shall enter into a Development Agreement with the City of Coconut Creek, in a form approved by the City Attorney, upon the terms and conditions approved by the City Commission. Such Development Agreement, upon execution, shall be incorporated herein and compliance with the terms and conditions of such Development Agreement shall be a condition of approval of this MainStreet @ Coconut Creek PMDD.
3. The MainStreet @ Coconut Creek PMDD is consistent with the Development of Regional Impact (DRI) Development Order Ordinance No. 2023-034 and shall be maintained and adhered to in such a way as to maintain ongoing consistency with the DRI.
4. This ordinance establishes maximum densities, intensities, and heights at a general block level. Detailed, location-specific densities, intensities, and heights will be further defined and identified by the City Commission by resolution or ordinance as applicable, after recommendation by the Planning and Zoning Board, as each individual site plan is reviewed on a block-by-block basis.
5. This rezoning shall not be construed to create a right to any development of the property that fails to meet the requirements of Chapter 13, City of Coconut Creek Code of Ordinances, and any other Broward County land development regulations, except as specifically provided in this ordinance.
6. Prior to the second reading by the City Commission consideration of the Developer’s Agreement, the applicant shall provide appropriate Property Owner Association, Homeowner Association, or other applicable Unified Control documents, and maintenance and easement access agreement(s) for the PMDD in a form approved by the City Attorney’s Office, which document(s) shall be executed and within seven (7) days of adoption of the PMDD ordinance. Said documents shall be held in escrow until the subject property is transferred to the Developer applicant and recorded at the Developer’s applicant’s expense at the time of closing.
7. Prior to City Commission consideration of the Developer’s Agreement, the applicant shall provide appropriate Property Owner Association, Homeowner Association, or other applicable unified control documents, and maintenance and easement access agreement(s) in a form approved by the City Attorney’s Office, which documents shall be executed and held in escrow until the subject property is transferred to the applicant and recorded at the applicant’s expense at the time of closing.
7. The Streetscapes and Roadway Designs in Section III(C) of the MainStreet PMDD are conceptual and more detailed streetscape and roadway design plans will be shown on the Roadway Site Plan.
8. Development block site plans and building layout shown in the PMDD and in Exhibits G, H, I, Q, R, S, T, U, and ZA are conceptual and more detailed development block site plans will be shown on each development block site plan.
FISCAL IMPACT: N/A