CITY OF HALLANDALE BEACH

MEMORANDUM

DATE:                        August 24, 2009

TO:                 D. Mike Good, City Manager

FROM:            Richard D. Cannone, Director of Development Services

SUBJECT:     A Resolution of The City of Hallandale Beach, Florida Accepting The Gulfstream Point Plat Located at 918 S. Federal Highway. This Resolution is a Result of Application #26-09-P by Hallandale First, LLC.(Staff: Director, Development Services) (See Backup)

PURPOSE

To adopt a Resolution of the City of Hallandale Beach, Florida accepting the Gulfstream Point Plat located at 918 S. Federal Highway (This Resolution is the result of Application #26-09-P by Hallandale First, LLC).

BACKGROUND

The subject property is a vacant lot which requires platting for future development pursuant to City and County Codes. The applicant, Hallandale First, LLC has applied to replat the subject property.  The applicant has requested the note on the face of the Plat read:

“This plat is restricted to 75,000 square feet of office use; 7,500 square feet of commercial use; and a 300 room hotel. Freestanding banks and/or banks with drive-thru facilities are not permitted, commercial/retail uses are not permitted within the office use, and residential uses are not permitted within the hotel without the approval of the Board of County Commissioners who shall review and address these uses for increased impact.

This note is required by Chapter 5, Article IX, Broward County Code of Ordinance, and may be amended by approval of the Broward County Board of County Commissioners. The notation and any amendments thereto are solely indicating the approved development level for property located within the plat and do not operate as restriction in favor of any property owner including an owner or owners of property within this plat who took title to the property with reference to this plat.”

DISCUSSION

The Planning and Zoning Board held a public hearing on the application on April 22, 2009.  At the hearing, the Board was concerned that by approving the Plat with the proposed note they would then be granting approval for any subsequent development to build to that intensity. Staff explained to the Board, and the Deputy City Attorney confirmed, by approving this plat, the property would not be vested for any development rights outlined in the plat note due to the fact that this development is not considered an “as of right” development. As noted in the attached Planning and Zoning staff report, the property is zoned B-L Business Limited District and Planned Redevelopment (PRD) Overlay District. The property and area also have the PDD, Planned Development Overlay District assigned. The subject property is .889 acre, less than the minimum of 1.5 acre required by Section 32-174 to develop utilizing the PDD provisions. Therefore, future development shall adhere to the development standards of the underlying zoning (Business Limited) which may not accommodate the proposed use unless a waiver of the 1.5 acre minimum is granted by the City Commission to develop utilizing the PDD provisions. Additionally, the applicant’s attorney also agreed that the plat would not vest them in anyway.

The applicant proposes a maximum development of 75,000 square feet of office, 7,500 square feet of commercial and a 300 room hotel. Office, commercial/ restaurant and hotel uses are permitted by the underlying B-L zoning. However, until a Major Development Review application and required site plans are submitted and reviewed, staff cannot determine whether the proposed anticipated development and thresholds would meet all applicable code criteria. As such, approving this Plat would not vest any development program as it relates to square footage or hotel rooms. Staff has further memorialized this in Plat Note #5 (see Exhibit C) and the applicant has agreed with this condition.

Staff does have concerns regarding the accessway locations required by Broward County. Due to the development constraints of this site and the adjacent property to the north, FDOT is proposing a joint accessway with a 25’ driveway on the north side of the subject property and a 25’ driveway on the south side of the adjacent property, once developed. Staff is concerned because this requires vehicles to enter/exit through the adjacent property. Staff has expressed this concern to the County and the property owners, with a recommendation that this issue be worked out prior to the final County approval of the plat. As an interim approval, until the property owner to the north develops, FDOT has agreed to allow the use of the north driveway as a right-in only.

In addition, staff has incorporated conditions of approval on Exhibit “C” of the Resolution of future site plan approval requirements.

RECOMMENDATION

The City Commission considers the attached Resolution accepting the Gulfstream Point Plat with the conditions as specified in Exhibit “C” of the Resolution. 

Prepared by: ____________________________________________

                      Christy Dominguez, Director of Planning and Zoning

Reviewed:

_______________________________                                                          __________

D. Mike Good, City Manager                                                                           Date

_____Approved                _____Disapproved                _____Hold for Discussion