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ORDINANCE NO. 19O-09-137: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL, FLORIDA, GRANTING A DEVELOPMENT ORDER TO LAUDERHILL MARKETPLACE, LLC AMENDING THE ZONING DISTRICT MAP IDENTIFIED IN LAND DEVELOPMENT REGULATIONS (LDR) ARTICLE III., ZONING DISTRICTS, PART 2.0., DISTRICT REGULATIONS, SUBSECTION 2.2.1., ADOPTION OF ZONING DISTRICT MAP; CHANGING FROM COMMERCIAL ENTERTAINMENT (CE) to GENERAL COMMERCIAL (CG) THE ZONING DISTRICT OF A ± 1.87 ACRE PARCEL LEGALLY DESCRIBED AS A PORTION OF PARCEL “A”, CARISHOCA PLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 178, PAGES 161, 162, AND 163, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, AND MORE FULLY DESCRIBED IN EXHIBIT 1; MORE COMMONLY KNOWN AS A PORTION OF THE VACANT SITE GENERALLY LOCATED AT THE NORTHEAST CORNER OF NORTH STATE ROAD 7 AND SUNRISE BOULEVARD, LAUERDHILL, FLORIDA; PROVIDING FOR FINDINGS AND CONCLUSIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA).
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Request action: The Planning and Zoning Board Hearing is scheduled August 29, 2019, for the Board recommendation of approval of the Zoning District Map Amendment for the property located at 1010 NW 40th Avenue from a Commercial Entertainment (CE) Zoning District to a General Commercial (CG) Zoning District pursuant to the City of Lauderhill’s Land Development Regulations (LDR) Article IV., Part 2.0., Article VI., Section 4., and Article III., Part 2.0, Subsection 2.2.1.,
Need: The Commercial Entertainment (CE) zoning district strictly prohibits both gas station and convenience store uses and in order to develop these land uses on the Carishoca plat site, Lauderhill Market Place LLC needs the City Commission to adopt an Ordinance changing the Zoning District Map category of a portion of the site to General Commercial (CG) district.
Summary Explanation/ Background:
On February 11, 2019 a Resolution (No. 19R-02-28) for a Memorandum of Agreement between the City of Lauderhill and Lauderhill Marketplace, LLC regarding the development of the property located at the northeast corner of State Road 7 and Sunrise Boulevard was approved with terms and conditions. Said Memorandum of Agreement included the Original MOU drafted by Staff as a supporting document and is subject to all terms mentioned below:
1. Lauderhill Marketplace will file a petition to rezone 1.65 acres from Commercial Entertainment to General Commercial pursuant to the City of Lauderhill Land Development Code. The parcel that Marketplace desires to rezone is identified as the "RACETRAC OUT-PARCEL C" in the site plan attached hereto and incorporated by reference as Exhibit A.
2. The City does not make any representations, commitments or guarantees that the petition to rezone will be approved by the City Commission.
3. If the petition to rezone is approved, Lauderhill Marketplace intends to develop & 1.65 acres of the rezoned property with a gas station and convenience store as depicted on Exhibit A.
4. If approved for rezoning, the gas station and convenience store will be developed pursuant to the City's basic design guidelines and basic landscape requirements. Marketplace shall also landscape the entire perimeter of the 14 acre parcel consistent with the City's basic and minimum landscape requirements during construction of the gas station and convenience store. City shall have the right to upgrade the landscaping if it deems necessary or desirable at its own cost.
5. Lauderhill Marketplace will initially develop a portion of the remaining 6.85 acres adjacent to the gas station with a 20 thousand square feet commercial development consistent with the existing Commercial Entertainment Zoning, basic design guidelines and basic landscape requirements, with the right to develop an additional 20,000 square feet on such land.
6. Lauderhill Marketplace will sell a 1.51 acre parcel to the City of Lauderhill as outlined in green and identified as "HOTEL OUT-PARCEL A" on Exhibit A. The parties will negotiate a purchase price based on good faith appraisals. The City payment for the parcel will be held in escrow until Marketplace obtains the building permits and commences construction on the initial 20 thousand square feet commercial development. However, the City reserves the exclusive right to close at any prior time it so desires.
7. At such time as the rezoning for the gas station and convenience store is approved by the City Commission and all required building permits have been issued, Lauderhill Marketplace will donate approximately 4.2 acres (as identified as the "CITY PARCEL" and outlined in blue on Exhibit A) to the City of Lauderhill, at no cost. The four acres shall border and abut the location of the Lauderhill Performing Arts Center and its use shall be restricted to vehicular parking and a public park. As a condition for such donation the parties will enter in a cross access and cross parking agreement acceptable to the parties and the City shall agree to construct, at its cost, a roadway for vehicular access from the access road to the performing arts center through and across the City Parcel to and connecting with the Lauderhill Marketplace property, the location of which to be on east boundary of the City Parcel.
At the February 25, 2019 City Commission meeting, a Resolution (NO. 19R-02-39) to approve the letter of intent between Lauderhill marketplace LLC and the City of Lauderhill was presented specifying terms and conditions for the City to purchase 1.7 acres of land located at N.W. 11th Place and North State Road 7. The City Commission voted to approved the letter of intent between Lauderhill marketplace LLC and the City of Lauderhill.
On June 4, 2019 Chris Collins, on behalf of Lauderhill Market Place LLC, submitted a Zoning District Map amendment application to the City of Lauderhill as required by the terms specified in the MOU approved on February 11, 2019 by the CRA to rezone 1.87 acres from Commercial Entertainment to General Commercial.
This Agenda Request is for the Zoning District Map Amendment request that must be approved or denied by the City Commission with recommendation of the PZ Board.
The P&Z Board heard the matter on August 29, 2019 and recommended against the approval of the Zoning District Map Amendment.
Attachments: Development Review Report
Cost Summary/ Fiscal Impact: The Division finds the implementation of this Ordinance will not require a budget allocation or expenditure of City funds and concludes it does not have any direct fiscal impact on the City’s budget.
Estimated Time for Presentation: 5-20 minutes
Master Plan: Explain how this Agenda item advances one or more objectives
Goal 1: Clean, Green Sustainable Environment
[ ] Increase mass transit ridership
[ ] Reduce City energy consumption
[ ] Reduce water consumption
Goal 2: Safe and Secure City of Lauderhill
[ ] Crime in lower 50% in Broward
[ ] Residents feel safe in neighborhood
[ ] Reduce emergency fatalities
Goal 3: Open Spaces and Active Lifestyle for all ages
[ ] Increase participation in youth sports
[ ] Add new park land and amenities
[ ] Increase attendance at cultural programs and classes
Goal 4: Growing Local Economy, Employment and Quality of Commercial Areas
[X] Increase commercial tax base
[X] Increase employment in Lauderhill businesses
[ ] Decrease noxious and blighted uses in commercial areas
Goal 5: Quality Housing at all Price Ranges and Attractive Communities
[ ] Neighborhood signs and active HOAs
[ ] Housing & streets improved, litter reduced
[ ] Increase proportion of single family homes and owner occupied housing
Goal 6: Efficient and Effective City Government, Customer Focused & Values Diversity
[ ] Improves City efficiency
[ ] Increase use of Information Technology
[ ] Increases residents perception of Lauderhill as an excellent place to live