AGENDA ITEM REPORT
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AN ORDINANCE APPROVING THE REZONING REQUEST SUBMITTED BY 4161 HILLSBORO, LLC AND LEDER HILLSBORO, LLC, TO REZONE 4161 WEST HILLSBORO BOULEVARD FROM CF (COMMUNITY FACILITY) TO PCD (PLANNED COMMERCE DISTRICT), ALLOCATING 2.915 ACRES OF COMMERCIAL FLEXIBILITY ACREAGE TO BE REDESIGNATED FROM RESIDENTIAL TO COMMERCIAL FOR THE PROPERTY LOCATED AT 4161 HILLSBORO BOULEVARD AND LEGALLY DESCRIBED IN EXHIBIT “A,” ATTACHED HERETO AND MADE A PART HEREOF; AND BY AMENDING THE EXISTING LEDER HILLSBORO PCD GENERALLY LOCATED AT 4161-4191 WEST HILLSBORO BOULEVARD AND LEGALLY DESCRIBED IN EXHIBIT “B,” ATTACHED HERETO AND MADE A PART HEREOF, TO INCLUDE THE REZONED CF ZONED PARCEL AND REVISE THE LEDER HILLSBORO PCD DEVELOPMENT REGULATIONS AS PROVIDED IN EXHIBIT “C,” ATTACHED HERETO AND MADE A PART HEREOF. (QUASI-JUDICIAL)(SECOND PUBLIC HEARING)
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BACKGROUND:
This item was approved on First Reading at the August 25, 2022, City Commission Meeting subject to the condition that the applicant evaluate and propose alternative design scenarios including the following:
a) A design alternative with the north side of the building at two (2) stories and the south side of the building at four (4) stories.
b) A design alternative with the north side of the building at one (1) story and the south side of the building at five (5) stories.
Staff and the applicant have had meetings with the residents adjacent to the proposed project and shared renderings of both alternative design scenarios. During discussion, the residents seemed to favor scenario (b). Approval of either alternative will require modifications to the supporting documentation for the rezoning, consistent with the action taken.
The applicant, James Kahn of Keith and Associates, Inc., on behalf of the owners, Leder Hillsboro, LLC and 4161 Hillsboro, LLC, are requesting rezoning approval to rezone the eastern parcel, 4161 West Hillsboro Boulevard, from CF (Community Facility) to PCD (Planned Commerce District) and amend the existing Leder Hillsboro PCD to include the CF zoned parcel and provide updated development regulations. The rezoning request also includes an allocation of 2.915 acres of residential-to-commercial flexibility on the property, since the underlying future land use map designation for this parcel is Low-3, Residential.
On January 9, 1997, the current property owner received City Commission approval to rezone 4181 Hillsboro Boulevard (which at the time, included the land that is now 4191 Hillsboro Boulevard) and 4171 Hillsboro Boulevard from A-1 (Agricultural) to B-3 (Community Shopping). At the time, both sites had an underlying land use of Low-3 (Residential 3 Dwelling Units per Acre). Using Broward County residential-to-commercial flexibility rules, the City Commission allocated six (6) acres of commercial flexibility through the rezoning process to allow for commercial uses. On December 14, 2017, the City Commission approved a second rezoning request by the same property owner from the previously approved B-3 zoning designation in 1997, to PCD, known today as the Leder Hillsboro PCD. Since the second rezoning, the property owner received site plan approval for the construction of a self-storage facility and Pet Lodge, which have been constructed and are currently open. The currently proposed Leder Hillsboro PCD development regulation revisions do not change those already existing facilities.
Concurrently with this application, the applicant is also seeking:
1. Special Land Use approval to allow a self-storage facility on the 4161 parcel;
2. Site plan approval for the 4161 parcel; and
3. Plat note amendment to allow a second self-storage facility and adjustment of total building square footage as proposed.
DISCUSSION:
As currently proposed, the applicant wishes to amend the existing Leder Hillsboro PCD, which currently includes 4191/4181 and 4171 Hillsboro Blvd (referenced above) to incorporate the 4161 Hillsboro Boulevard site (Workingman's Nursery) currently zoned CF. Should the rezoning be approved, all four (4) parcels referenced will collectively be known as the Leder Hillsboro PCD.
However, similar to the 4191/4181 and 4171 sites, the 4161 site currently has an underlying land use of Low-3. Therefore, the applicant is seeking the allocation of 2.915 acres of commercial flexibility by the City Commission through this rezoning process, using Broward County residential-to-commercial flexibility rules. If approved, the Leder Hillsboro PCD will have received 8.8 total acres of commercial flexibility.
In addition to rezoning the property, amendments to the existing Leder Hillsboro PCD regulations are proposed in order to incorporate the new development project into the overall PCD. The proposed zoning, Leder Hillsboro PCD, adopts new development regulations slightly different from the current Land Development Code requirements as follows:
• Development and Landscape Standards
Adjustments to the existing PCD regulations require a small increase to the Floor Area Ratio (F.A.R.) to accommodate the new self-storage building, a reduction in a portion of the 25 foot landscape buffer along the north property line to permit the drive aisle, and a reduction of a portion of the required 10 foot landscape buffer between the building and the parking lot along the east side of the building to accommodate storage unit access and walkways from parking spaces to the buildings.
Alternative solutions are proposed by the applicant to mitigate the requested PCD regulation modifications. For the reduction in the 25 foot landscape buffer along the north property line, the applicant will move the existing wall back to make it align with the existing wall to the west and install a hedge between it and the sidewalk on NW 71 Street. In place of the 10 foot landscape buffer, the applicant will install green screens on portions of the east building façade.
• Hillsboro Corridor Vision Improvements
The 27 foot roadway landscape buffer and trail-way on Hillsboro Boulevard includes pedestrian amenities, a meandering 10 foot sidewalk, landscaping, and signage in support of the City’s Hillsboro Boulevard Corridor Vision, which will be constructed and connected to the existing greenway on the adjacent site.
Public Involvement:
Pursuant to Land Development Code Section 13-36(c) and Section 13-356(h), 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. A notice of rezoning public hearing sign was also posted on the property 14 days prior to the Planning and Zoning Board City Commission meetings. One hundred and forty two (142) notices were mailed by the City on June 29, 2022, August 11, 2022, and October 13, 2022 respectively. To date, staff has received two (2) resident inquiries related to the project.
RECOMMENDATION:
The Planning and Zoning Board at its July 13, 2022, meeting, recommended approval of the rezoning of 4161 Hillsboro Boulevard, allocation of 2.915 acres of commercial flexibility, and the adoption of the amended Leder Hillsboro PCD subject to outstanding DRC comments, which are included in the Planning & Zoning Board Agenda backup available online for review, and further recommended that the applicant, in coordination with City staff, add additional landscaping and implement an earlier planting schedule along the east property line abutting the single-family homes. The applicant has submitted additional proposed landscaping as provided in Landscape Plan Sheet LP-101, dated 08-03-2022 and attached as backup to this agenda item. Staff has reviewed the application for consistency with the rezoning criteria and finds that the applicant has demonstrated compliance subject to the following conditions of approval:
1. Outstanding DRC comments remain effective throughout the development review process and must be addressed prior to issuance of a building permit unless otherwise stated therein.
2. Landscaping, in addition to the approved plans, shall be provided as shown on the additional exhibit Landscape Plan Sheet LP-101, dated 08-03-2022, provided by the applicant, as follows:
a. Sabal Palms have been added to provide additional screening from the houses to the new building. The heads of the palms will grow thick quickly to provide a visual barrier while the oaks and green buttonwood fill in.
b. The proposed clusia hedge will be allowed to grow to a maximum of 8’ for additional screening and to allow the oaks and green buttonwood fill in.
c. Root barrier product will be provided along the fence line to limit the root system of the oaks and green buttonwoods from growing into the backyards of the adjacent homes.
d. All of the landscape material on the eastern property line, adjacent to the 4 homes, will be planted immediately after the drainage area has been excavated and the slopes stabilized to allow the material to get a “head start” in filling in prior to the remainder of the construction on site.
3. The hours of operation for the self-storage facility on the 4161 Hillsboro parcel are limited to 6:00 a.m. to 10:00 p.m. daily.
4. The sidewalk pedestrian access easement identified in the PCD regulations and proposed within the landscape buffer along Hillsboro Boulevard shall be recorded in the public records of Broward County, Florida prior to the issuance of a Certificate of Occupancy for Phase III of the PCD.
5. The first Electric Vehicle Charging Station identified in the PCD shall be installed prior to the issuance of a Certificate of Occupancy, the second charging station will be installed within three (3) years of the City Commission approval of the project, and the third charging station will be installed within five (5) years of the City Commission approval of the project.
6. The applicant shall record the Unified Control Agreement and the Access Easement Agreement as approved by the City Attorney’s Office within 30 days of approval.
FISCAL IMPACT: N/A