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: October 9, 2007
SUBJECT: ZLU 06-02 A -
East side of
SECOND
Land Use Amendment to the City of North
Lauderdale land use map to amend approximately 39.786 gross acres of Irregular
8 Residential to Residential Medium Density-RMD (10.1 to 16 du/acre) and further request to consider
amending IRR 8 to Irregular 13.33 (13.33 du/acre) Residential instead of
Residential Medium Density-RMD (10.1 to 16 du/acre) per ORC report from DCA.
APPLICANT: Investment at Village Park Inc.
The applicant, Investment at
Village Park Inc., is proposing to
construct a townhome/condominium project with approximately 550 individually owned residential
units as a redevelopment project of an existing mobile home park. The project is located on the east side of
State Road 7, south of
This amendment will provide a stable, fee-owned residential community as an anchor and potential catalyst for redevelopment of the surrounding area. Thus, this amendment will further support Objective 1 of the City’s Future Land Use Plan Element, which is “to achieve and maintain a stable and diversified mixture of land uses by attracting infill development for residential purposes.”
In order to
accommodate this project, amendments to both the City of
The current land
use designation of the property is Irregular 8. In order to create proper land
use for the proposed project, the applicant had submitted a land use amendment
to change approximately 39.786 acres of land from Irregular 8 (IRR 8) to
Residential Medium Density (R-MD) (10.1 -16 dwelling units per acre). However, as the amendment moved through the
approval process at State and County agencies, the Objections, Recommendations and
Comments (ORC) report from the Florida Department of Community Affairs (DCA)
advised the County and the City that the land use maps should designate no more than 13.33 units/acre for the project.
The special extent of the anticipated use is explained in Attachment A, and made a part of this report.
In order to meet the criteria required for a land use amendment process, the applicant has submitted a detailed Impact Analysis Study pertaining to sanitary sewer, potable water, drainage, solid waste, recreation/open space, traffic circulation, mass transit, compatibility and public education. The analysis was provided by the Craven Thompson & Associates, Inc., and Billing, Cochran, Heath, Lyles, Mauro & Anderson, P.A. and reviewed by Calvin, Giordano & Associates, Inc. The analysis is based on 16 dwelling units per acre which exceeds the recommended approval of 13.33 dwelling units per acre, thereby, lessening the impact to the infrastructure and resources.
Impact Analysis:
Although the proposed amendment is for Irregular 13.33 du/acre, the impact analyses below takes into consideration the reduction of 39.786 acres of Irregular 8 Residential and the increase of 39.786 acres of RM (10.1-16 du/ac) Residential as was originally submitted.
Staff has reviewed the land use amendment and taken into consideration that the proposed use would be generally compatible with surrounding existing and planned land use and will not negatively impact natural and cultural resources. As the City Commission’s Advisory Board, the Planning and Zoning Board (P&Z) met on August 1, 2006 and after staff presentation and public hearing, the Board unanimously recommended approval of the proposed land use to the City Commission. The Commission adopted the land use amendment on first reading for transmittal to DCA on September 13, 2006 as advertised and included in your packet as Exhibit A amending the land use to R-MD (10.1-16 du/ac).
On August 17, 2007, the City received the Objections, Recommendations, and Comments (ORC) Report from the Department of Community Affairs. The ORC identified two objections:
“The public facilities data and analysis is not based on the maximum development potential of the proposed future land use change and insufficient data analysis has been submitted to demonstrate that an adequate supply of water will be available to support the amendment.”
The objection pertaining to
inadequate data for water supply analyses was the same that was received by the
County on the County land use amendment for all the FLUM amendments from other
cities except
ORC Objection #1(applied to N. L.)
Inadequate Potable Water Data and Analysis
Text Amendment 07-3 (
All FLUM Amendments except for FLUM Amendment 07-3 (
Response
The site that is the subject of
the
ORC Objection #3 (applied to N. L.)
Public Facilities Impacts Not Based on the Maximum Development
Potential FLUM Amendment 06-27 (
Response
The applicant stated that the original analysis was based on the maximum density permitted. The additional analysis that was prepared by the Broward County Planning Council was forwarded to DCA on July 23, 2007. As indicated in the information, the applicant had previously agreed to place a Declaration of Restrictive Covenants onto the property for a maximum number of 390 townhouse units and 160 three-story garden apartment units for a total of 550 units, approximately 14% less units than the maximum of 630 units. There is no commercial development proposed.
The staff feels that the comments in the ORC report from DCA have been adequately addressed. Therefore, the Administration recommends City Commission’s approval on the second reading and final adoption of the land use amendment that is before you this evening as Exhibit B. Should you concur with this recommendation, the City Attorney will read the revised title of the Ordinance into the record for your consideration.
RECOMMENDATION:
As part of the approval process, Staff requests that the City Commission take into consideration that the development will promote the City’s redevelopment efforts and provide additional housing choices to our residents. The Staff recommends the City Commission’s approval of the second reading and adoption of the attached ordinance as amended (Exhibit B) subject to the conditions listed below:
MOTION:
If the Commission concurs with
this request, the following motions are in order:
“To approve on second reading the final adoption
of the attached ordinance (Exhibit B) as amended permitting proposed land use
amendment to the City of North Lauderdale
Comprehensive Plan and Land Use map to change approximately 39.786 gross acres of Irregular 8 Residential to Irregular
13.33 (13.33 dwelling units/acre) and to authorize transmittal to
the Broward County Planning Council and the Florida Department
of Community Affairs (DCA) for recertification for a large scale review
pursuant to Chapter 163, Florida Statutes”.
Exhibit A
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, AMENDING THE NORTH LAUDERDALE COMPREHENSIVE LAND USE PLAN IN
ACCORDANCE WITH CHAPTER 163, SECTION 163.3184 OF THE FLORIDA STATUTES, TO
PROVIDE THE CHANGE OF APPROXIMATELY 38.688 ACRES OF LAND LOCATED IN THE CITY OF
NORTH LAUDERDALE, COUNTY OF BROWARD, STATE OF FLORIDA, TO-WIT: THAT CERTAIN
TRACT OF LAND DESCRIBED AS " A PORTION OF THE NORTHWEST ONE QUARTER OF
SECTION 18, TOWNSHIP 49 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER
OF SAID NORTHWEST ONE QUARTER; THENCE ON AN ASSUMED BEARING OF S 89°08’58” E,
ALONG THE NORTH LINE OF SAID NORTHWEST ONE QUARTER, A DISTANCE OF 1320.59 FEET
TO THE NORTHEAST CORNER OF THE WEST ONE HALF OF SAID NORTHWEST ONE QUARTER;
THENCE S 01°38’08” E, ALONG THE EAST LINE OF THE WEST ONE HALF OF SAID
NORTHWEST ONE QUARTER, A DISTANCE OF 73.22 FEET TO THE POINT OF BEGINNING OF
THIS DESCRIPTION, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF
PROSPECT ROAD; THENCE CONTINUE S 01°38’08” E, ALONG THE LAST DESCRIBED COURSE,
A DISTANCE OF 1946.69 FEET; THENCE N 89°59’57” W, A DISTANCE OF 10.00 FEET;
THENCE S 01°38’ 08” E, ALONG A LINE PARALLEL WITH AND 10.00 FEET WEST OF AS
MEASURED AT RIGHT ANGLES TO THE EAST LINE OF THE WEST ONE HALF OF SAID NORTHWEST
ONE QUARTER, A DISTANCE OF 33.07 FEET; THENCE S 89°55’14” W, A DISTANCE OF
963.95 FEET; THENCE N 01°31’ 38” W, ALONG A LINE PARALLEL WITH THE WEST LINE OF
SAID NORTHWEST ONE QUARTER, A DISTANCE OF 1358.56 FEET; THENCE S 89°08’58” E,
ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST ONE QUARTER, A
DISTANCE OF 386.30 FEET; THENCE N 01°31’38” W, ALONG A LINE PARALLEL WITH THE
WEST LINE OF SAID NORTHWEST ONE QUARTER, A DISTANCE OF 636.90 FEET TO A POINT
ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID PROSPECT ROAD; THENCE S 89°08’58” E,
ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND A LINE PARALLEL WITH AND 73.15 FEET
SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SAID NORTHWEST ONE
QUARTER, A DISTANCE OF 584.43 FEET TO THE POINT OF BEGINNING. SAID LAND SITUATE, LYING AND BEING IN
WHEREAS, the City Commission, after public hearing, due consideration, and being fully advised in the premises is desirous of changing the land use designation on the City's Future Land Use Plan for the property described herein; and
WHEREAS, the City Commission of the City of North Lauderdale deems said land use change to be in the best interests of the health, safety, and welfare of the citizens and residents of the City of North Lauderdale, and;
WHEREAS, the City Commission authorizes transmittal of the amendment to the Broward County Planning Council and respectfully requests that the Council favorably consider the proposed amendment to the Broward County Land Use Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF
Section 1: That the North Lauderdale Comprehensive Land
Use Plan be amended to provide that certain real property located in the City
of
THAT CERTAIN PROPERTY KNOWN AS " A PORTION OF THE NORTHWEST ONE QUARTER OF
SECTION 18, TOWNSHIP 49 SOUTH, RANGE 42 EAST, B OF THE PUBLIC RECORDS ROWARD COUNTY, FLORIDA AND MORE
PARTICULARLY DESCRIBED ABOVE.
be changed from Irregular 8 Residential to
Residential Medium Density-RMD (10.1 to
16 du/acre)
Section 2: That the Official Land Use Map of the City of
North Lauderdale has been officially adopted, and is in effect at the passage
hereof, be and the same is amended hereby to the extent of and in accord with
the land use amendment hereby granted, said amendment to be shown on said
Official Map as revised.
Section 3: That the City Commission hereby transmits the
amendment of the City of
Section 4: That the City Commission respectfully requests that the Broward County Planning Council favorably consider the proposed amendment to the Broward County Land Use Plan.
Section 5: That a condition of the adoption of this
ordinance shall be subject to the
recertification of the Land Use Change by the
Broward County Planning Council.
Section 6: That all ordinances or parts of ordinances,
resolutions, or parts of resolutions in conflict herewith be
and the same are hereby repealed to the extent of such conflict.
Section 7: That this ordinance shall take effect
immediately upon final adoption.
PASSED on first reading by the City Commission of
the City of North Lauderdale, Florida this day of , 2006.
PASSED and ADOPTED on second reading by the City Commission of the City of North Lauderdale, Florida this day of , 2007.
APPROVED AS TO FORM:
_________________________________
CITY ATTORNEY SAMUEL
S. GOREN
__________________________________
MAYOR JACK BRADY
_________________________________
VICE MAYOR RICH MOYLE
ATTEST:
_________________________________
DEPUTY CITY CLERK
Exhibit B
Revised Ordinance per
ORC Report from DCA
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, AMENDING THE NORTH LAUDERDALE COMPREHENSIVE LAND USE PLAN IN
ACCORDANCE WITH CHAPTER 163, SECTION 163.3184 OF THE FLORIDA STATUTES, TO
PROVIDE THE CHANGE OF APPROXIMATELY 38.688 ACRES OF LAND LOCATED IN THE CITY OF
NORTH LAUDERDALE, COUNTY OF BROWARD, STATE OF FLORIDA, TO-WIT: THAT CERTAIN
TRACT OF LAND DESCRIBED AS " A PORTION OF THE NORTHWEST ONE QUARTER OF
SECTION 18, TOWNSHIP 49 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST
CORNER OF SAID NORTHWEST ONE QUARTER; THENCE ON AN ASSUMED BEARING OF S
89°08’58” E, ALONG THE NORTH LINE OF SAID NORTHWEST ONE QUARTER, A DISTANCE OF
1320.59 FEET TO THE NORTHEAST CORNER OF THE WEST ONE HALF OF SAID NORTHWEST ONE
QUARTER; THENCE S 01°38’08” E, ALONG THE EAST LINE OF THE WEST ONE HALF OF SAID
NORTHWEST ONE QUARTER, A DISTANCE OF 73.22 FEET TO THE POINT OF BEGINNING OF
THIS DESCRIPTION, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF
PROSPECT ROAD; THENCE CONTINUE S 01°38’08” E, ALONG THE LAST DESCRIBED COURSE,
A DISTANCE OF 1946.69 FEET; THENCE N 89°59’57” W, A DISTANCE OF 10.00 FEET;
THENCE S 01°38’ 08” E, ALONG A LINE PARALLEL WITH AND 10.00 FEET WEST OF AS
MEASURED AT RIGHT ANGLES TO THE EAST LINE OF THE WEST ONE HALF OF SAID
NORTHWEST ONE QUARTER, A DISTANCE OF 33.07 FEET; THENCE S 89°55’14” W, A
DISTANCE OF 963.95 FEET; THENCE N 01°31’ 38” W, ALONG A LINE PARALLEL WITH THE
WEST LINE OF SAID NORTHWEST ONE QUARTER, A DISTANCE OF 1358.56 FEET; THENCE S
89°08’58” E, ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST ONE
QUARTER, A DISTANCE OF 386.30 FEET; THENCE N 01°31’38” W, ALONG A LINE PARALLEL
WITH THE WEST LINE OF SAID NORTHWEST ONE QUARTER, A DISTANCE OF 636.90 FEET TO
A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID PROSPECT ROAD; THENCE S
89°08’58” E, ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND A LINE PARALLEL WITH
AND 73.15 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SAID
NORTHWEST ONE QUARTER, A DISTANCE OF 584.43 FEET TO THE POINT OF BEGINNING. SAID LAND SITUATE, LYING AND BEING IN
WHEREAS, the City Commission, after public hearing, due consideration, and being fully advised in the premises is desirous of changing the land use designation on the City's Future Land Use Plan for the property described herein; and
WHEREAS, the City Commission of the City of North Lauderdale deems said land use change to be in the best interests of the health, safety, and welfare of the citizens and residents of the City of North Lauderdale, and;
WHEREAS, the City Commission authorizes transmittal of the amendment to the Broward County Planning Council and respectfully requests that the Council favorably consider the proposed amendment to the Broward County Land Use Plan.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COMMISSION OF THE CITY OF
Section 1: That the North Lauderdale Comprehensive Land
Use Plan be amended to provide that certain real property located in the City
of
THAT CERTAIN PROPERTY KNOWN AS " A PORTION OF THE NORTHWEST ONE QUARTER OF
SECTION 18, TOWNSHIP 49 SOUTH, RANGE 42 EAST, B OF THE PUBLIC RECORDS ROWARD COUNTY, FLORIDA AND MORE
PARTICULARLY DESCRIBED ABOVE.
be changed from Irregular 8 Residential to
Irregular 13.33 Residential (13.33 du/acre)
Section 2: That the Official Land Use Map of the City of
North Lauderdale has been officially adopted, and is in effect at the passage
hereof, be and the same is amended hereby to the extent of and in accord with
the land use amendment hereby granted, said amendment to be shown on said
Official Map as revised.
Section 3: That the City Commission hereby transmits the
amendment of the City of
Section 4: That the City Commission respectfully requests that the Broward County Planning Council favorably consider the proposed amendment to the Broward County Land Use Plan.
Section 5: That a condition of the adoption of this
ordinance shall be subject to the
recertification of the Land Use Change by the Broward County
Planning Council.
Section 6: That all ordinances or parts of ordinances,
resolutions, or parts of resolutions in conflict herewith be
and the same are hereby repealed to the extent of such conflict.
Section 7: That this ordinance shall take effect
immediately upon final adoption.
PASSED on first reading by the City Commission of
the City of North Lauderdale, Florida this day of , 2006.
PASSED and ADOPTED on second reading by the City Commission of the City of North Lauderdale, Florida this day of , 2007.
APPROVED AS TO FORM:
_________________________________
CITY ATTORNEY SAMUEL S. GOREN
__________________________________
MAYOR JACK BRADY
__________________________________
VICE MAYOR RICH MOYLE
ATTEST:
_____________________________________
DEPUTY CITY CLERK
Attachment A
