Title
MOTION TO ADOPT PROPOSED ORDINANCE NO. 2025-04 ON SECOND AND FINAL READING
PROPOSED ORDINANCE NO. 2025-04 IS AN ORDINANCE OF THE CITY OF PEMBROKE PINES, FLORIDA; AMENDING CHAPTER 155 OF THE LAND DEVELOPMENT CODE OF THE CITY OF PEMBROKE PINES; BY SPECIFICALLY AMENDING SECTION 155.401, ENTITLED “ZONING MAP,” TO RE-ZONE THE APPROXIMATE 9.9 ACRE PARCEL GENERALLY LOCATED AT THE NORTHWEST CORNER OF PEMBROKE ROAD AND HIATUS ROAD FROM B-3 (GENERAL BUSINESS) TO C-1(COMMERCIAL); APPROVING AN AMENDED DECLARATION OF RESTRICTIVE COVENANTS FOR THE SUBJECT PROPERTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
1. Dwayne Dickerson, agent, requests consideration to rezone a +/- 9.9 acre property located at the northwest corner of Pembroke Road and Hiatus Road from B-3 (General Business) with restrictive covenants to C-1 (Commercial) with updated restrictive covenants.
2. Currently, a commercial shopping center with a Wawa gas station exist on site. The City Commission approved the base site plan for the shopping center (SP 2006-53) at its April 18, 2007 meeting. Modifications to the site plan were made in 2007, 2008 and 2010, 2014 and 2015 (SP2015-01). The Wawa gas station was approved in 2017 through application SP 2017-03.
3. The City Commission has approved the following zoning changes for the property:
• February 15, 2006 rezoning of the underlying property from R-6 (Hotel) to B-2
• (General Business) with associated commercial flexibility conversion (Ordinance 1537). That rezoning approval included a restrictive covenant which restricted certain B-2 uses on the property.
• March 18, 2009, amended to the restrictive covenants (Ordinance 1636) to allow daycare facilities over 5,000 square feet within the list of approved uses.
• May 17, 2017 rezoning of the underlying property from B-2 (Community Business) to B-3 (General Business) with amended restrictive covenants (Ordinance 1878). The amended restrictive covenants allow for:
o Only gasoline station use within the B-3 use list
o B-2 (Community Business District) restricted uses.
4. Previously, an office building was approved for the westernmost vacant parcel. The office building was never constructed, and now the applicant wishes to construct a self-storage facility on the site. Self-storage requires Commercial (C-1) zoning. Therefore, self-storage cannot be permitted on this site under current restrictions. To rectify this issue, the applicant proposes a zoning change with modified restrictive covenants to allow the following:
• Self-storage from C-1 uses
• All B-3 uses
5. In addition to the restriction of the uses, the applicant is proposing that the self-storage facility built on the Commercial Parcel shall not exceed a maximum height of sixty-five (65) feet, excluding parapets, architectural facades, decorative features and/or any screening, air conditioning or other items located on any structure.
6.A site plan application for a self-storage will be heard by the Planning and Zoning Board at a later date should the zoning change be adopted.
7. The existing zoning and land use plan designations of the surrounding properties to the subject site are as follows:
North - Planned Unit Development (PUD) / Irregular Residential 5.52 du/acre
East - Apartment (R-4) / Commercial (Flex to Residential)
South - Pembroke Road / City of Miramar
West - Planned Unit Development (PUD) / Irregular Residential 5.52 du/acre
8. Staff has reviewed the uses as proposed on the subject site and finds it generally compatible with the existing commercial shopping center and gas station (B-3 Use). The restrictive covenant for self-storage use is consistent with the underlying commercial land use and represents a reduction in trips compared to office use that was previously approved for the site. Staff therefore has no objection to the proposal.
9. The Planning and Zoning Board at its February 13, 2025 meeting voted to transmit this application to the City Commission with a favorable recommendation.
10.The City Commission at its March 19, 2025 meeting passed the proposed ordinance on first reading.
11. A related plat note amendment, reference proposed resolution 2025-R-05, is being heard concurrently on tonight's meeting.
12. Administration recommends adopting proposed Ordinance No. 2025-04 on second and final reading.
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: None
b) Amount budgeted for this item in Account No: Not Applicable
c) Source of funding for difference, if not fully budgeted: Not Applicable
d) 5 year projection of the operational cost of the project:Not Applicable
e) Detail of additional staff requirements: Not Applicable
FEASIBILITY REVIEW:
a) Was a Feasibility Review/Cost Analysis of Out-Sourcing vs. In-House Labor Conducted for this service? Not Applicable
b) If Yes, what is the total cost or total savings of utilizing Out-Sourcing vs. In-House Labor for this service? Not Applicable
BUSINESS IMPACT ESTIMATE:
Pursuant to Section 166.041, F.S., a Business Impact Estimate must be prepared for certain ordinances that impact the operations of local businesses.
a) Is a Business Impact Estimate (BIE) Form attached to this Ordinance? Yes
b) Is this Ordinance exempt from requiring an Business Impact Estimate (BIE)? Yes