AGENDA ITEM REPORT
TITLE:
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AN ORDINANCE APPROVING THE REZONING REQUEST MADE BY COOLIDGE, INC. TO AMEND AND RENAME THE EXISTING COCOMAR PLAZA PLANNED COMMERCE DISTRICT (PCD) TO THE GREYSTAR COCOMAR PCD AND TO REVISE DEVELOPMENT STANDARDS AND THE LIST OF PERMITTED AND SPECIAL LAND USES IN ORDER TO CONSTRUCT A LIGHT INDUSTRIAL, FLEX SPACE, AND WAREHOUSE DEVELOPMENT FOR THE PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF ATLANTIC BOULEVARD AND LYONS ROAD, LEGALLY DESCRIBED IN EXHIBIT “A,” ATTACHED HERETO AND MADE A PART HEREOF. (QUASI-JUDICIAL)(SECOND READING)(SECOND PUBLIC HEARING)
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BACKGROUND:
At the October 26, 2023, City Commission Meeting, this item was approved on First Reading with additional conditions of approval proffered by the applicant and accepted by the City Commission subject to City staff evaluation and recommendation. City staff evaluated the additional conditions of approval, and revised the rezoning ordinance to add the new conditions of approval applicable to the rezoning. City staff recommends approval of the rezoning ordinance on Second Reading, as revised.
At the July 13, 2023, City Commission Meeting, this item was tabled to a date certain of September 14, 2023. Since the July 13, 2023, City Commission Meeting, the applicant held additional community meetings to discuss the buffer wall and landscaping between the residential areas and the proposed project. These meetings were held on August 23, August 30, and September 6, 2023, which summary of these additional meetings has been added to the backup for this item. In an effort to continue public outreach, the applicant requested that first reading of this item be deferred to the October 26, 2023, City Commission Meeting.
The property owner, Coolidge, Inc., is requesting a rezoning approval to amend existing development standards and permitted uses in the current Cocomar Plaza Planned Commerce District (PCD) to construct a light industrial, flex space, and warehouse development and rename the Cocomar Plaza PCD to the Greystar Cocomar PCD.
On January 28, 1999, the City Commission approved a rezoning request for Parcel “A” of the Coolidge Plat, and Parcel “A” of the Tilinda Plat from B-3 (Community Shopping) and B-4 (Regional Shopping), respectively, to PCD, known then as the Diaz PCD. The Cocopalms Plat was not part of the original rezoning request but was included in the subsequent 2008 Cocomar Plaza rezoning.
On September 25, 2008, the City Commission adopted Ordinance No. 2008-029, approving a rezoning request for Parcel “A” of the Tilinda Plat, Parcel “A” of the Coolidge Plat, and Parcel “B” of the Cocopalms Plat to PCD, eliminating the 1999 Diaz PCD and consolidating the three (3) plats into the Cocomar Plaza PCD. The 2008 Cocomar Plaza PCD revised the Diaz PCD site design standards to allow for the development of a Lowe’s home improvement store, a Kohl’s department store, and four (4) outparcels. While the project received the necessary approvals, which are still in effect, it was never constructed.
Conditions of approval were adopted in the 2008 rezoning ordinance, which the applicant is maintaining as modified to conform to this application as part of the current proposed development. Concurrent with this rezoning request, the applicant is processing a site plan application and a Land Development Code text amendment to incorporate the list of permitted uses in the City’s Code.
DISCUSSION:
Located at the northwest corner of Atlantic Boulevard and Lyons Road, the subject property is made up of the following three (3) plats within the Cocomar Plaza PCD:
• Tilinda Plat (Parcel “A”), 9.136+/- acres, is generally located fronting on Atlantic Boulevard, west of Lyons Road, and abutting the western Coolidge Plat property line. This plat immediately abuts the municipal boundary line between the City of Coconut Creek and the City of Margate. The vacant Luland Plat, immediately to the west of Tilinda Plat, is located within the municipal boundaries of the City of Margate and is not part of the Cocomar Plaza PCD.
• Coolidge Plat (Parcel “A), 27.025+/- acres, is the largest of the three (3) parcels and is generally located at the northwest corner of Atlantic Boulevard and Lyons Road.
• Cocopalms Plat (Parcel “B”), 0.774+/- acres, abuts the northern Coolidge Plat property line and serves as a buffer between the Cocopalms single family homes and the Coolidge Plat.
Currently, a Local Area of Particular Concern (LAPC) designated by Broward County is located within the site. The LAPC will remain as a dedicated preserve with no development proposed or allowed by Broward County. As part of the rezoning request and site plan applications, the applicant will restore and enhance the remaining quality areas of the LAPC per Broward County requirements by removing the invasive material and implementing a maintenance plan.
Public Involvement
Pursuant to 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 meeting on April 12, 2023, and the City Commission meeting on July 13, 2023. A notice of rezoning public hearing sign was also posted on the property fourteen (14) days prior to the Planning and Zoning Board and City Commission meetings. One hundred sixty eight (168) notices were mailed by the City on March 29, 2023, to attend the Planning & Zoning Board Meeting and June 29, 2023, to attend the City Commission Meeting. Staff received thirty-seven (37) comments related to the project for the Planning and Zoning Board hearing, which are provided in the backup minutes attachment for review. To date, staff has received forty-six (46) comments related to the project since the Planning and Zoning Board hearing, which are also provided in the backup materials for review.
As part of the application review process, the applicant was required to perform community outreach and provide project information to neighboring property owners and hear and address concerns and issues raised through this process. Greystar representatives facilitated the public outreach meetings, and 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 outreach effort included multiple meetings held at the City Community Center Auditorium at 1100 Lyons Road on September 19, 2022, at 5:00 p.m. and 7:00 p.m. and then more recent meetings on May 2, 2023, at 6:00 p.m. and May 3, 2023, at 6:00 p.m.
Analysis and Findings
The commercial land use category in the City’s Comprehensive Plan permits wholesale, storage, light fabricating and warehouse uses, if deemed appropriate by the City. These business uses have characteristics that are both commercial and light industrial in nature; and therefore, they are permitted in the commercial category if deemed appropriate by the City. The following are the uses proposed to be allowed in this PCD, which are being processed as a separate ordinance in order to incorporate them into the City’s Master Business List - Planned Commerce District:
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Planned Commerce District - Master Business List |
Greystar Cocomar PCD |
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Building Trades |
P |
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Flex Space |
P |
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Light Manufacturing |
P |
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Office/Showrooms |
P |
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Wholesale Trade |
P |
P - Indicates permitted use.
S - Indicates special land use (see section 13-35, “Special land use”).
Pursuant to Section13-36(e), “Rezoning Standards for Decision,” of the Land Development Code, the City Commission shall consider certain standards when reviewing the proposed rezoning request. Pursuant to Section 13-356, "Rezoning of land to PCD," subparagraph (f), "City Commission Action," of the Land Development Code, states that "upon receipt of the planning and zoning board recommendation, the city commission shall act in accordance with the procedures for rezoning generally. The city commission shall, after due consideration, enact or deny planned commerce district zoning for the subject property.”
RECOMMENDATION:
Subject to the City Commission’s findings that the proposed business uses are deemed appropriate, City staff finds the rezoning request is in compliance with Sec.13-36(e), “Rezoning Standards,” and Section 13-356, "Rezoning of land to PCD," subparagraph (f), “City Commission Action,” and the City’s Comprehensive Plan subject to the conditions of approval. The Planning and Zoning Board, at its April 12, 2023, meeting, recommended approval of the rezoning application subject to the conditions of approval recommend by City staff and added one (1) additional condition in their motion for the rezoning request. The Board recommended that the hours of operation change from 6:00 a.m. - 9:00 p.m. Monday to Saturday to 7:00 a.m. - 9:00 p.m. Monday to Saturday. City staff offers no objection to the request and has added it to the conditions below. 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 prior to issuance of a building permit unless otherwise stated therein.
2. Prior to the issuance of a principal building permit, the property owner shall coordinate the permitting and construction of the adjacent northbound Lyons Road turn lane and median improvements that impact existing landscaping, irrigation, and hardscape (paver) materials and be authorized to mobilize and proceed by the City’s Public Works Director.
3. Prior to the second reading public hearing of the rezoning request, the applicant shall record in the public records of Broward County and submit in a form acceptable to the City Attorney’s Office, the Declaration in Lieu of Unity of Title and Cross Access Easement(s).
4. The hours of operation in Section N, “Voluntary Conditions,” of the Greystar Cocomar PCD document for the operation for all businesses and business activity on the property shall be restricted to:
• 7:00 a.m. - 9:00 p.m. Monday through Saturday; and
• 8:00 a.m. - 8:00 p.m. Sunday.
FISCAL IMPACT: N/A