CITY OF
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Mayor and City Commission
FROM: Richard D. Sala, City Manager
BY:
DATE: December 11, 2007
SUBJECT: VAR- 07-01 Granada (Delegal Plat)
State Road 7 and
Second
To grant various variances from the City of North Lauderdale Code of Ordinances to facilitate the development of Granada, a mixed-use project consisting of residential and commercial components.
APPLICANT: Altman Development Corp
The applicant in conjunction with
United Homes is proposing to build 220 residential units and up to 10, 000
square feet of commercial use on State Road 7 and
|
TYPE OF VARIANCE |
CODE REQUIREMENTS |
PROPOSED |
VARIANCE REQUESTED |
|
Section 106-350 (c) (4) Setback abutting a traffic way (State Road 7) |
50 feet |
26.8 feet |
23.2 feet |
|
Section 106-350 (k) Open Space |
35 % of Gross Site Area |
28% |
7% |
|
Section 106-223 (a)(3) Parking Space |
508 Total Parking Spaces |
414 Total Parking Spaces |
94 Total Parking Spaces |
ANALYSIS AND
FINDINGS
1. Setbacks. Section 106-350 (c) (4) of the City Code requires setback or yard of not less than 50 feet in depth abutting a trafficway in a Planned Unit Development. According to the site plan, 26.8 feet setback is being proposed along State Road 7 parallel to the commercial area of the project. It should be noted that the reduction will provide a more pedestrian friendly commercial environment, since the commercial area is a part of the Redevelopment District identified by the City.
2.
Open Space. Section 106-350 (k) of the City Code
requires a Planned Unit Development to provide at least 35 percent of gross
area open space. To facilitate the increased density the applicant has proposed
28 percent open space and is requesting a 7% variance. This reduction will
allow the developer to provide on site amenities such as a clubhouse with a
pool. This request will enable the reasonable use of this property and it would
not be injurious the neighborhood, or otherwise detrimental to the public
welfare.
3. Parking Space. Section 106-223 (a) (3) of the City Code requires 508 parking spaces, based on the number of bedrooms. The applicant is proposing 132 spaces for the one bedroom, 264 spaces for the two bedrooms, 66 spaces for the three bedrooms. The site plan has incorporated garages among the parking spaces and 46 guests parking. A total 414 parking spaces is been proposed and the applicant is requesting a variance for 94 parking spaces, in order to accommodate the mix use development along the 441 corridor.
Per the guidelines and criteria contained in Section 106-79 of the City Code, a variance shall not be granted unless the City’s governing body determines the following:
1. That special circumstances exist affecting the land involved preventing the reasonable use of such land.
2. That the circumstances, which cause the hardship, are peculiar to the property, such that they clearly constitute marked exceptions to other properties in the district.
3. That the hardship is not an economical hardship.
4. That the hardship is not self-created.
5. That the variance is the minimum variance that will make possible the reasonable use of the property and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
Staff has reviewed the application in light of the guidelines and criteria listed above and determined that it reasonably meets the guidelines established for granting a variance, and will enable the reasonable use of this property. This determination is based upon the following facts.
· The development will provide a stable, rental residential community as an anchor and potential catalyst for redevelopment of the older surrounding areas. The project also will further accomplish 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 including residential, non-residential and community facilities to achieve build out of the currently vacant parcels by 2010”
· There is no economic hardship, since the applicant is willing to make any necessary provisions requested by the City.
· The need for the variances is not a self-created hardship but rather a necessity to accommodate the structure. The area to be developed is surrounded by major roadways, which makes it difficult for the applicant to build a high density project without incurring some variances.
· The proposed project would not be injurious to the adjacent development, or otherwise detrimental to the public welfare. The proposed variances allow the applicant to provide future residents a better pedestrian friendly community with amenities including sidewalks, swimming pool, playground and clubhouse. The applicant is incorporating the request of the City to provide a mix-use development and in order to accomplish this request the variances are needed.
Taking into consideration the location and unusually shape of the parcel of land of the proposed development, staff is confident that the hardship is not self-created, and is not an economic hardship.
The Planning and Zoning Board (P&Z) meeting was held on November 15, 2007 and after staff presentation and public hearing, the Board unanimously recommended approval of the requested variances.
The
City Commission unanimously approved first reading of the ordinance granting
the variances on November 29, 2007. There
was discussion on the parking variance prior to approval. The applicant confirmed that the declaration
of restrictive covenants will include language to govern parking. Vehicles such as boats, recreational vehicles
(RV’s) and trailers will not be allowed and an excessive number of cars per
household will also be prohibited through language in the leases. The City Commission approved the parking
variance with the assurance that the declaration of restrictive covenants will
contain these provisions. We are presenting the second reading of the ordinance
tonight for your consideration and approval.
RECOMMENDATION:
Staff recommends City Commission’s
approval of the final reading of the
attached ordinance granting the proposed variances subject to the DRC comments, P&Z
Board comments/recommendation and conditions listed below.
1. That all applicable approvals by the City, County, State and other regulatory agencies be provided to the City of North Lauderdale prior to the issuance of permits.
2. That approval of the requested variances is contingent upon platting, rezoning, and land use amendment approval.
3. That the parking variance was approved with the assurance that the declaration of restrictive covenants will contain provisions prohibiting boats, recreational vehicles (RV’s) and trailers and limiting the number of cars per household.
If the City Commission concurs with this request, the following motion is in order:
“Motion to approve the second and final reading of the attached ordinance to grant various variances from the City of North Lauderdale Code of Ordinances
to facilitate the development of the
Granada, a mixed use project, consisting of residential and commercial
components located along State Road 7”.
ORDINANCE NO.
__________
AN ORDINANCE OF THE CITY OF NORTH
LAUDERDALE, FLORIDA, APPROVING AND GRANTING A VARIANCE FROM THE NORTH
LAUDERDALE CODE OF ORDINANCES, TO PERMIT THE 26.8 FEET SETBACK ON THE WEST SIDE OF BUILDING NUMBER 3 AND 5 ABUTTING THE TRAFFICWAY
ON STATE ROAD 7, AS OPPOSED TO THE 50 FEET
REQUIREMENT ALLOWED BY THE SUBJECT SECTION 106-350 (c)(4); TO PERMIT 28% OPEN SPACE OF THE GROSS SITE AREA,
AS OPPOSED TO THE 35% OF THE GROSS SITE AREA REQUIREMENT ALLOWED BY
THE SUBJECT SECTION 106-350 (k); TO
PERMIT 414 PARKING SPACES, AS OPPOSED TO THE 508 PARKING SPACES REQUIREMENT
ALLOWED BY THE SUBJECT SECTION 106-223 (a) (3); NORTH LAUDERDALE, FLORIDA;
PROVIDING FOR STIPULATIONS AND CONDITIONS; PROVIDING THAT PROVISIONS NOT VARIED
BY THIS ORDINANCE REMAIN IN FULL FORCE AND EFFECT; PROVIDING FOR CONFLICTS;
AND, PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section106-350 (c) (4) of the City Code requires a minimum 50
feet setback on the side abutting a trafficway;
and
WHEREAS, Altman Development Corporation, developer of said property, has
applied for a variance to allow the 26.8 feet setback
on the west side of building #1 and building #5 abutting the State Road 7 trafficway; and
WHEREAS, Section 106-350 (k), of the City Code requires 35% open space of gross
site area; and
WHEREAS, Altman
Development Corporation, developer
of said property, has applied for a variance to allow 28% open space; and
WHEREAS, Section 106-223 (a) (3), of the City Code requires 508
parking spaces based on the number of bedrooms;
and
WHEREAS, Altman
Development Corporation, developer
of said property, has applied for a variance to allow 414 parking spaces; and
WHEREAS, the Planning and Zoning Board
has voted to recommend the approval of said variance requests; and
WHEREAS, the City
Commission is desirous of granting the requested variance from the requirements
of the aforecited Ordinance and associated Zoning
Regulations and/or applicable provisions thereof to said legal titleholder(s)
as they apply to the property in question.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
Section 1: That pursuant to an
application properly filed for a variance from the requirements of, Section 106-350 (c) (4), Section 106-350 (k) and Section
106-223 (a) (3) of the North Lauderdale Code,
variances be and the same are hereby granted from the requirements for the
development located at East side of State Road 7 and McNab Road Extension, North Lauderdale, Florida
Section
2: That the petition for a
variance filed by Altman Development Corporation developer of said property is
hereby granted to
Section
3: That all other requirements
of the North Lauderdale Code of Ordinances and associated zoning regulations
are not otherwise varied by the terms of this Ordinance and shall be in full
force and effect and full applicable to the property described in Section 1 of
this Ordinance to the legal title holders thereof.
Section
4: That all Ordinances, or
parts of Ordinances, Resolutions or parts of Resolutions, in conflict herewith
be and the same are repealed to the extent of such conflict.
Section 5: That
this Ordinance shall take effect immediately upon 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:
____
