CITY OF
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Mayor and City Commission
FROM: Richard
D. Sala, City Manager
BY: Tammy L. Reed-Holguin,
Community Development Director
DATE: November 29, 2007
SUBJECT: Resolution: Approval to Apply 5% Commercial Flexibility
Rule for
The
applicant, Altman Development Corporation in conjunction with United Homes, has
submitted a site plan to construct a mixed-use development that includes 220
residential units and a maximum of 10,000 square feet of commercial space. The proposed land use designation of the
subject property is Residential Medium Density on the City Land Use Map which
will correspond with the approved County Land Use designation.
According
to Broward County Planning Council Administrative Rules, in order to approve
commercial uses on property designated as residential land use on the Future
Land Use Plan, the municipality must apply the 5% Flexibility Rule, which
provides for the use of up to 5% of the property designated for residential use
on the Broward County Land Use Map (1,920.53 acres total/96.0 acres flex) to be
used for commercial uses. In addition, the application of the 5% flexibility
rule requires certification by the Broward County Planning Council. The City’s
Comprehensive Plan contains the flexibility provision that could be applied to
permit the proposed use within the Residential land use designation.
The
City previously applied the Residential-to-Commercial flexibility rule in 1998
and allocated 8.2 acres to the Walgreen’s property out of a total of 96 acres
that were available; therefore, this request falls well within the 5% maximum
allowed within Flex Zone 59.
The
first reading of the rezoning of the property from M-1, Light Industrial
District to Planned Unit Development (PUD) was heard earlier tonight and the
second reading is scheduled for December 11th, 2007. The rezoning from
industrial to PUD will be consistent with the City and County land use
amendments that were recently approved from Industrial to Residential Medium
Density (R-MD). The approval is contingent upon the recertification of the
City’s Land Use Map by the Broward County Planning Council.
RECOMMENDATION
The
City Administration recommends Commission’s consideration and approval of the
attached Resolution to apply “5% Residential-to-Commercial” flexibility rule
for the Granada Planned Unit Development (PUD) project.
RESOLUTION NO. 2007-________
A RESOLUTION
OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, CONFIRMING
THAT THE CITY HAS APPLIED THE 5% FLEXIBILITY RULE CONSISTENT WITH THE
REQUIREMENTS OF THE BROWARD COUNTY LAND USE PLAN FOR THE PROPOSED GRANADA
PLANNED UNIT DEVELOPMENT (PUD) LOCATED AT STATE ROAD 7 AND THE MCNAB ROAD
EXTENISON, NORTH LAUDERDALE, FLORIDA AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,
the City Commission of the City of North Lauderdale ("City") has
approved the preliminary Site Plan for the Granada mixed-use development
located at the intersection of State Road 7 and the McNab Road Extension, North
Lauderdale, Florida (the "Property") to provide for the construction
of 220 residential units and a maximum of 10,000 square feet of commercial use on
the Property; and
WHEREAS,
pursuant to the Broward County Land Use Plan, in order to approve commercial
uses on property designated residential, the municipality must apply the 5%
Flexibility Rule, which provides for the use of up to 5% of the property
designated for residential use on Broward County Land Use Map to be used for
commercial uses; and
WHEREAS,
the plat for the Property is currently restricted to 110,000 square feet of industrial
use and the proposed changes to the plat restrictions would result in 220
garden apartments consisting of 66-one bedroom units, 132-two bedroom units and
22-three bedroom units and up to 10,000
square feet of commercial use; and
WHEREAS,
due to the placement of the commercial use on the residential designated
parcel, the City Commission must apply the 5% Flexibility Rule in order to
provide for the commercial use of approximately 1.268 gross acres on property
designated as residential; and
WHEREAS,
the application of the 5% Flexibility Rule by the City Commission of the City
of North Lauderdale with respect to the Property is consistent with the City of
North Lauderdale Land Development Code, the City of North Lauderdale
Comprehensive Plan, and the Broward County Land Use Plan; and
WHEREAS,
the application of the Flexibility Rule is contingent upon the recertification
of the City’s land use map by the Broward County Planning Council and said
application has been submitted for consideration.
NOW,
THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
SECTION
1. The City Commission of the
City of North Lauderdale hereby confirms and acknowledges that the City
Commission applied the 5% Flexibility Rule consistent with the requirements of
the Broward County Land Use Plan as part of its approval of the Site Plan SPR-07-03,
for the property located at State Road 7 and the McNab Road Extension, North
Lauderdale, Florida. The application of
the 5% Flexibility Rule is consistent with the City of
SECTION 2. The Mayor, City Manager, and City Attorney of the City of North
Lauderdale, Florida, be and the same are hereby authorized and directed to all
things necessary and expedient in order to effectuate the and to carry out the
aims of this Resolution.
SECTION
3. This Resolution shall take
effect immediately upon its adoption.
PASSED AND ADOPTED BY THE CITY
COMMISSION OF THE CITY OF
_____________________________
MAYOR
JACK BRADY
______________________________
VICE
MAYOR RICH MOYLE
ATTEST:
____________________________
PATRICIA VANCHERI, ACTING CITY
CLERK
APPROVED AS TO LEGAL FORM
BY CITY ATTORNEY:
_____________________________
SAMUEL S. GOREN, ESQUIRE
LEGAL DESCRIPTION:
PARCEL “A”,
DELEGAL PLAT (APPROXIMATELY 14.97 GROSS ACRES), ACCORDING TO THE PLAT THEROF AS
RECORDED IN PLAT BOOK 155, PAGE 28 OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA.