Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Environmental Protection Division: Planning & Development Management
Information
Requested Action
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MOTION TO APPROVE Second Amendment to Vehicular Access Agreement Limitation of Hours of Use of Facilities related to the exemption from transportation concurrency fees for the Yellow Green Farmers Market agreeing to certain operational restrictions and authorize County Administrator to execute same. (Commission District 6)
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Why Action is Necessary
Owner desires to extend the hours of operation and modify the legal description to include additional properties.
What Action Accomplishes
Amends the Amendment to Vehicular Access Agreement Limitation of Hours of Use of Facilities agreement as recorded in O.R. Book 47796, Page 866.
Is this Action Goal Related
No
Previous Action Taken
None taken.
Summary Explanation/Background
THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE PLANNING AND DEVELOPMENT MANAGEMENT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.
In 2010, Broward County entered in to a tri-party Agreement with the City of Hollywood and the owners of the of the Yellow Green Farmers Market located at 1940 North 30 Road in the City of Hollywood, see Exhibit 2. The agreement restricts the hours of operation, such that vehicular traffic does not impact level of service on adjacent roadways, and provides an exemption from payment of impact fees. The Agreement, including an amendment approved in 2011, is recorded as the Amendment to Vehicular Access Agreement Limitation of Hours of Use of Facilities (O.R. Book 47796, Page 866) (“Agreement”) (Exhibit 3).
1940 N. 30th Road Hollywood, LLC, 1954 N. 30th Road, LLC, 30 Railroad, LLC, and 3080 Sheridan Street, LLC (“Owners”) have requested to amend the Agreeement to extend the hours of operation. Currently, the Agreement restricts business operations on Fridays (8 p.m. to 11 p.m), legal holidays (7 a.m. to 3 p.m.), and weekends (7 a.m. to 4 p.m.). The proposed Amendment would increase business hours on weekends and legal holidays, to allow operations between 8:00 a.m. to 9:30 p.m. In addition, the Amendment would add two adjacent properties, which are currently in use as an indoor food court and ancillary parking, and similarly restrict their hours of operation.
The City of Hollywood is responsible for monitoring the operation of the business to ensure compliance with the Agreement. The proposed Amendment is scheduled to attain City approval on June 2, 2021.
Staff recommends approval of the Second Amendment to Vehicular Access Agreement Limitation of Hours of Use of Facilities as requested. The proposed amendment has been executed by the Owners, and has been approved as to form by the Office of County Attorney (Exhibit 4).
Source of Additional Information
Josie P. Sesodia, AICP, Director, Planning and Development Management Division, 954-357-6602.
Fiscal Impact
Fiscal Impact/Cost Summary
No fiscal impact.