CITY OF NORTH LAUDERDALE

COMMUNITY DEVELOPMENT DEPARTMENT

 

TO:                             Mayor and City Commission

 

FROM:                       Richard D. Sala, City Manager

 

BY:                              Tammy L. Reed-Holguin, Community Development Director

 

DATE:                        December 11, 2007

 

SUBJECT:                 ZLU 07-01B Granada (Delegal Plat)

                                    State Road 7 & McNab Road Extension

 

                                    Second Reading:

                                    Zoning amendment to the City of North Lauderdale zoning map to rezone approximately 14.97 +/ - gross acres of Industrial (M-1) District to Planned Unit Development (PUD) District.

 

APPLICANT: Altman Development Corporation

 

Altman Development Corporation is proposing to construct 220 residential units (rental apartments) in conjunction with United Homes constructing up to 10,000 square feet of  commercial use on approximately 14.97 acres of land located (East of SR7, south of the McNab Road Extension, on a parcel previously known as the Delegal Plat). The subject property is currently vacant.  In order to construct the development, the applicant submitted a request to rezone approximately 14.97+/ - gross acres of Industrial (M-1) District to Planned Unit Development (PUD) District.  The specific extent of the anticipated use is explained in Attachment A, and made a part of this report. 

 

The rezoning will accommodate 220 residential units (up-scale rental apartments). In addition,  the development will be fronted by a small commercial development on the south end embracing the “City’s Redevelopment Vision” for the State Road 7 corridor. The preliminary site plan of  the residential component of the Granada project was approved by the City Commission on November 29, 2007. Tonight, we are presenting the final site plan along with this rezoning request. The site plan for the commercial component of the project will be presented for approval at a later date.

 

The City Commission has previously approved a land use amendment requesting to change the land use from Industrial (I) to Residential Medium Density (RMD), thereby allowing the property to be developed to accommodate a residential project.   This change in land use is considered a large-scale amendment under State Law.  It was adopted by the City Commission on second reading on October 9, 2007 and transmitted to the Florida Department of Community Affairs (DCA) and Broward County.  The Notice of Intent was received advertised by DCA on November 9, 2007 with a 30-day review and comment period.  Since the proposed project also includes commercial development, the City must apply the 5% Flexibility Rule according to Broward County Planning Council Administrative Rules. This Rule 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 request for rezoning is consistent with the approved land use as it permits mixed-use projects. Please be advised that the preliminary site plan, first reading of the Ordinance for variance requests and Development Agreement and the Resolution applying the 5% Commercial Flexibility Rule were approved by the City Commission on November 29, 2007. The final site plan, and Ordinances for variances and the Development Agreement will also be heard tonight for final consideration and approval.

 

On November 15, 2007 the Planning and Zoning Board met as the City Commission’s Advisory Board and unanimously recommended approval of the request for rezoning.

 

The City Commission unanimously approved the first reading of the rezoning on November 29, 2007.  Tonight, we are presenting the ordinance for second reading and adoption.

 

Recommendation:

 

Staff would like to request that the City Commission approve the second reading and adoption of the attached ordinance regarding the proposed rezoning.  This approval is subject to the following conditions:

 

  1. All terms, conditions and provisions imposed by the City Commission, Planning and Zoning Board and staff shall be met.
  2. The rezoning approval is contingent upon the preliminary and final site plan approval by the City Commission.
  3. The approval is contingent upon obtaining land use amendment approval by the County Commission and the State Department of Community Affairs and all other applicable agencies.
  4. The approval is contingent upon obtaining the approval to apply 5% Commercial Flexibility Rule by the City Commission and subsequent certification by the Broward County Planning Council.
  5. The plat with proper plat notes must support the development.
  6. The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area.
  7. The applicant shall provide agreements, contracts, covenants and sureties acceptable to the City for completion of the development according to the final site plan and for continuing operation and maintenance of the entire project.

8.      The applicant shall bind their successors in title to any commitments made under the unified control documents and all other applicable agreements including the developer’s agreement.   

If the Commission concurs with this recommendation, the following motion is in order:

 

“Motion to approve the second reading and final adoption of the attached ordinance to change the City of North Lauderdale Zoning Map to rezone approximately fourteen +/-  (14.97) gross acres of Industrial (M-1) Zoning District to Planned Unit Development (PUD) District.”

 

ORDINANCE NO. ________

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, REZONING 14.97 GROSS ACRES MORE OR LESS OF LAND LOCATED IN THE CITY OF NORTH LAUDERDALE, COUNTY OF BROWARD, STATE OF FLORIDA, TO WIT:  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, BEING MORE PARTICULARLY DESCRIBED IN SECTION 1 BELOW FROM ZONING CLASSIFICATION OF INDUSTRIAL (M-1) DISTRICT TO PLANNED UNIT DEVELOPMENT (PUD); PROVIDING THAT THE OFFICIAL ZONING MAP OF THE C1TY OF NORTH LAUDERDALE SHALL BE AMENDED TO REFLECT SAID REZONING; PROVIDING FOR CONFLICTS: AND, PROVIDING AN EFFECTIVE DATE.

 

WHEREAS, the City Commission, after public hearing, due consideration, and being fully advised in the premises is desirous of rezoning certain property located in the City of North Lauderdale from zoning classification Industrial District (M-1) to zoning classification Planned Unit Development (PUD).

 

WHEREAS, the City Commission of the City of North Lauderdale deems said rezoning to be in the best interests of the City of North Lauderdale and the inhabitants thereof

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA:

 

Section 1:        That certain real property located in the City of North Lauderdale, Broward County, Florida, described as:

 

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.

 

be and the same is hereby rezoned from the zoning classification Industrial (M-1) to zoning classification Planned Unit Development (PUD).

 

Section 2:        That this rezoning is subject to all terms, conditions and provisions imposed by the City Commission, Planning and Zoning Board, DRC and Staff.

 

Section 3:        That the Official Zoning Map of the City of North Lauderdale as the same 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 rezoning hereby granted, said amendment to be shown on said Official Map as revised.

 

Section 4:        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 5:        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  _______________ , 2007.

 

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 JOHN R. CANGEMI

ATTEST:

 

 

_________________________________________

INTERIM CITY CLERK PATRICIA VANCHERI