Page 1 of 27 STAFF REPORT Davie 39 Street Addition 133-MP-83 A request to amend the plat note has been filed with the Planning and Redevelopment Division. This plat was approved by the County Commission on March 20, 1984, for 25,000 square feet of commercial use on 1.37 acres. The property is located on the south side of Southwest 39 Street, west of Davie Road, in the Town of Davie. The plat was recorded on February 19, 1985 (P.B. 122, PG. 20). The applicant is requesting to amend the note to allow for 18 townhouse units in lieu of the commercial use. The requested note reads as follows: This plat is restricted to 18 townhouse units. A concurrent request to amend the non-vehicular access line (NVAL) on this plat to allow for two (2) new 25-foot openings on Southwest 39 Street: one (1) at the west plat boundary and one (1) at the east plat boundary, both restricted to RIGHT TURNS ONLY, is also included as an action item on the May 19, 2015 County Commission agenda. This request was evaluated by the Reviewing Agencies. The attached memorandum from the Broward County Planning Council indicates that the effective Land Use Plan designates the area covered by this plat for the uses permitted in the Town of Davie Regional Activity Center land use category. This plat is subject to the executed Interlocal Agreement for the Monitoring of Development Activity and Enforcement of Permitted Land Uses in Regional Activity Center (O.R.B. 41265, PG. 15). Section 2.1 of the Agreement requires the Town of Davie to monitor development activity and to enforce permitted land use densities and intensities within the Regional Activity Center (RAC). Planning Council staff further notes that the Town of Davie RAC permits a total of 11,903 dwelling units. The first 8,729 dwelling units were the subject of Broward County Land Use Plan (BCLUP) amendment PC 98-7, adopted by the County Commission on June 9, 1998. These units were not subject to Policy 01.07.07 regarding affordable housing, as the referenced BCLUP amendment was adopted prior to the adoption of said policy. An additional 3,174 dwelling units were added to the RAC through Broward County Land Use Plan Amendment PCT 10-6, adopted by the County Commission on September 28, 2010. This amendment was subject to Policy 1.07.07 and was determined to satisfy the same based on the Town of Davie s assessment of its affordable housing strategies. The attached School Capacity Availability Determination (SCAD) issued by the School Board indicates that the proposed 18 townhouse units are anticipated to generate 6 students. School Board staff has determined that this request satisfies the requirements of public school concurrency on the basis that adequate school capacity is expected to be available to support the proposed residential units, which will be subject to Broward County educational (school) impact fees.
Continued EXHIBIT 1 Page 2 of 27 The Aviation Department has indicated that the property is located within 20,000 feet of Fort Lauderdale-Hollywood International Airport. Any proposed construction or the use of construction cranes must be reviewed to determine if Federal Aviation Regulation Part 77, Florida Statutes Chapter 333 and/or the Broward County Airport Zoning Ordinance apply. Based on the location of the proposed project, the FAA may need to review to determine whether the project is a potential hazard to aviation. To initiate the Federal Aviation Review, access the FAA Web page at: http://oeaaa.faa.gov/oeaaa/external/portal.jsp. In addition, this property s close proximity to Fort Lauderdale-Hollywood International Airport will make it subject to overflight and associated noise of arriving and departing aircraft during the course of normal operations. The applicant will be required to record a separate document to advise prospective purchasers of potential aircraft overflight and noise impacts on this property. This also serves as notice to prospective purchasers of property within this plat that, pursuant to Broward County Ordinance 2006-27 and consistent with the FAA Change in FAA s Noise Mitigation Policy, effective October 1, 1998, the County will only provide noise mitigation for existing incompatible development and not for new incompatible development. The 18 townhouse units proposed by this request will not be eligible for mitigation pursuant to Broward County Ordinance 2006-27, and consistent with the Federal Aviation Administration s Change in FAA s Noise Mitigation Policy, effective October 1, 1998, where the County will only provide noise mitigation for existing incompatible development and not for new incompatible development. The determination of compatible and incompatible development will be based on the County s most current FAA approved Noise Exposure Map and the Airport s most current noise compatibility program which has been reviewed and approved by the FAA for the Airport. For additional information regarding this process and the current and potential impacts of airport operations on the property, contact the Broward County Aviation Department at 954-359-6170. Broward County s consulting archaeologist has reviewed this request and determined that the property does not contain any archaeological sites previously recorded on the Florida Master Site File; it does not contain any resources which are locally historically designated or included on the National Register of Historic Places; it is not located within nor does it contain any designated archeological or paleontological zones; and it does not include any properties identified on either the Broward County Land Use Plan, Cultural Resource Map Series / Local Areas of Particular Concern - Historic Sites, or the Broward County Land Use Plan, Cultural Resource Map Series / Local Areas of Particular Concern - Archaeological Cultural Resource Sites. As a result, the proposed development is not likely to impact any significant archaeological resources, and the consulting archaeologist has no objections to this application. However, in the event that any unanticipated archaeological features or artifacts are discovered during the course of development or survey, in accordance with Broward County Ordinance 2014-32, Section 5-536.5(g), the property owner shall notify the Broward County Historic Preservation Officer of the discovery within 24 hours at 954-357-9731. Furthermore, if any unmarked human burial remains are discovered, then work in the vicinity of the burial find must halt immediately until a determination can be made pursuant to Florida Statute Chapter 872, by either the State archaeologist or the
Continued EXHIBIT 1 Page 3 of 27 County medical examiner as to jurisdiction, custody, and disposition of the remains. Should this occur, the County Historic Preservation Officer should be contacted immediately to facilitate the coordination of the finding(s). For additional information, contact the County Historic Preservation Officer, Richard (Rick) Ferrer at 954-357-9731 or email rferrer@broward.org. The Environmental Planning and Community Resilience Division has reviewed this request and at this time, this site is not included in the Protected Natural Lands Inventory and is not adjacent to a site in the inventory. The Environmental Review Report, coordinated by the Planning and Redevelopment Division, is attached. The attached Resolution (No. R-2015-028) from the Town of Davie approval of this request as adopted on February 4, 2015. This plat with the amended note satisfies the regional park concurrency requirement of Section 5-182(i) and the solid waste disposal concurrency requirement of Section 5-182(h) of the Land Development Code. In addition, this request represents a decrease of 240 pm peak hour trips. The plat is located within the South Central Transportation Concurrency Management District and meets the regional transportation concurrency standards specified in Section 5-182(a)(5)a) of the Broward County Land Development Code. At the time the property was platted, road impact fees for 25,000 square feet of commercial use were secured with a lien agreement recorded in O.R.B. 12332, PG. 512, B.C.R. The road impact fees were subsequently paid in full and the road impact lien was released on January 8, 1986 (O.R.B. 13096, PG. 631). No additional road impact or transportation concurrency fees are due for the 18 townhouse units as no additional trips are generated by the proposed dwelling units. The proposed townhouse units are subject to school and regional park impact fees and administrative fees for regional parks, which will be assessed and paid in accordance with the fee schedule specified in the Land Development Code during the review of construction plans submitted for County environmental review approval. In accordance with Ordinance 2014-36, enacted October 28, 2014, school impact fees will change on January 26, 2016. Regional park impact and administrative fee amounts are subject to adjustment each October 1. Staff recommends APPROVAL of this request, provided the applicant accomplishes the following: 1) Records a separate document against all the property within the plat, acceptable to the Broward County Attorney s Office, advising prospective purchasers of potential aircraft overflight and noise impacts, pursuant to Section 5-182(n), Protection of Air Navigation and Notice of Potential Noise Impacts, prior to recordation of the note amendment agreement; and 2) Records a document acceptable to the County Attorney s Office to amend the note on the face of the plat prior to May 19, 2016.
Continued The note amendment must include language stating that any structure within this plat must comply with Section IV D.1.f., Development Review requirements, of the Broward County Land Use Plan, regarding hazards to air navigation. The amended note must also include language stating the following: EXHIBIT 1 Page 4 of 27 A) If a building permit for a principal building (excluding dry models, sales and construction offices) and first inspection approval are not issued by May 19, 2020, then the County s finding of adequacy shall expire and no additional building permits shall be issued until such time as Broward County shall make a subsequent finding that the application satisfies the adequacy requirements set forth within the Broward County Land Development Code. The owner of the property or the agent of the owner shall be responsible for providing evidence to Broward County from the appropriate governmental entity, documenting compliance with this requirement within the above referenced time frame; and/or B) If construction of project water lines, sewer lines, drainage, and the rock base for internal roads have not been substantially completed by May 19, 2020, then the County s finding of adequacy shall expire and no additional building permits shall be issued until such time as Broward County shall make a subsequent finding that the application satisfies the adequacy requirements set forth within the Broward County Land Development Code. The owner of the property or the agent of the owner shall be responsible for providing evidence to Broward County from the appropriate governmental entity, documenting compliance with this requirement within the above referenced time frame. In addition, staff recommends that the Board authorize the Mayor to sign an order approving this agenda item subject to staff findings, comments, and recommendations. Finally, the applicant is advised that, in accordance with Section 125.022, Florida Statutes, the issuance of a development permit by the County does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. SMH
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