File #: 23-36    Version: 1 Name:
Type: Resolution / Consent Agenda Status: Passed
File created: 10/17/2022 In control: City Commission
On agenda: 10/25/2022 Final action: 10/25/2022
Title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDED DECLARATION OF RESTRICTIVE COVENANTS MADE BY 1501 N POWERLINE, LLC FOR THE BENEFIT OF THE CITY OF POMPANO BEACH; PROVIDING AN EFFECTIVE DATE. (Fiscal Impact: N/A)
Attachments: 1. City Attorney Communication Memo 2023-57, 2. Resolution, 3. First Amendment to Dec. Restrictive Covenants, 4. Ordinance No. 2020-16, 5. Excerpt_CCMinutes_December102019, 6. Excerpt_CCMinutes_January142020, 7. Aerial Map, 8. Recorded Declaration (for reference), 9. Exhibit B - Prohibted Uses (Ameded), 10. South Florida Jeep Letter and Exhibit

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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDED DECLARATION OF RESTRICTIVE COVENANTS MADE BY 1501 N POWERLINE, LLC FOR THE BENEFIT OF THE CITY OF POMPANO BEACH; PROVIDING AN EFFECTIVE DATE.

(Fiscal Impact: N/A)

 

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(Staff Contact: Jennifer Gomez/David Recor)

 

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Summary Explanation/Background:

The subject property (2151 Hammondville Road) was rezoned from B-3 to B-4 by ordinance (Ordinance 2020-16).  The Applicant, Bryan Hussey of BTH Development Partners, LLC, voluntarily restricted the list of uses that future owners and tenants would need to abide by that were more restrictive than the City’s Zoning District would allow. The voluntary Declaration of Restrictive Covenants was recorded with Broward County Records on March 13, 2020 (Instrument #: 116411133); however, it may not be modified, amended or release without written approval by the City.  The property was developed in accordance with an approved site plan.  A 40,000 square foot warehouse was constructed and an interior alteration is currently underway.  The property is currently owned by 1501 N Powerline, LLC and Bryan Hussey remains the registered agent for this entity.  The Applicant is requesting that the list of prohibited uses (Exhibit “B”) be amended as follows: (1) remove “Used automobile & Light Truck Sales with indoor display only” from the list, (2) allow the following uses, when related to a Light Manufacturing operation “Automobile painting or body shop,” “Automotive parts sales with installation,” “Muffler/ transmission sales and installation,” “Tire sales and mounting.” 

 

Origin of request for this action: Nectaria Chakas, Esq. / Representing 1501 N Powerline, LLC

Fiscal impact and source of funding: N/A

 

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