MEMORANDIUM
DATE: February 14, 2007
TO: Planning and Zoning Board
FROM: Christy Dominguez, Director of Planning and Zoning
SUBJECT: Applications #04-06-Z and #05-06-CU
Millennium Hallandale Group
2500 East Hallandale Beach Boulevard
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Millennium Group, Owner
PROJECT NAME
Millennium Hallandale
Applications #04-06-Z and #05-06-CU by Millennium Group requesting assignment of PDD (Planned Development Overlay) District and a Conditional Use Permit in order to create a mixed use development and build a residential building at 2500 East Hallandale Beach Boulevard.
The applications are as follows:
1. Application #04-06-Z applying the PDD (Planned Development Overlay) District to the subject property.
2. Application #05-06-CU for a Conditional Use Permit pursuant to Section 32-175(2)(d)(5) of the Zoning and Land Development Code in order to construct 179 residential units within the proposed mixed use development.
The property is located at 2500 East Hallandale Beach Boulevard and includes the dental office building site at 2518 East Hallandale Beach Boulevard (please refer to survey for the full legal description.)
Golden Isles/AIA
3.58 acres
Central City Business (CCB) District and Planned Redevelopment Overlay District.
Commercial building complex with 97,032 square feet of general office use, 42,372 square feet of retail and 5298 square feet of dental office.
Demolish the easterly one story building (approximately 10,406 square feet) and a portion of the easterly parking garage and build a 179 unit, 29 story residential building with retail use on the ground floor.
North - Central City Business District and Planned Redevelopment District across East Hallandale Beach Boulevard
South - RM-18 (Residential Multi-family) District across Diana Drive
East - Central City Business District and Planned Redevelopment District
West Central City Business District and Planned Redevelopment District
North - Seawalk Pointe
South - Residential Multi-family buildings Diana Drive
East - Vacant lot
West - Vacant lot
II. LAND USE HISTORY
In addition to this application, the applicant has also filed related Application
# 06-06-DB for Major Development Review approval. The developer has requested waivers of certain dimension and design regulations. Site development standards are negotiated between the City and the applicant on properties zoned PDD and may be waived by the City Commission if consistent with the City’s Comprehensive Plan.
The applicant has requested waivers under Application #06-06-DB from the following:
1. The minimum number parking spaces required for the project.
2. Loading space requirement
3. The minimum landscaped area requirement
4. The minimum rear yard building setback requirement
5. The minimum floor area required for one bedroom units.
The requested waivers do not require Planning and Zoning Board action but will
be submitted directly to the City Commission with the Major Development
application.
Development Details:
The applicant’s plans depicts the following:
1. Demolition of existing easterly 10,406 square foot one story building and a portion of the second level parking garage. In addition, the existing two story dental office building at 2518 East Hallandale Beach Boulevard will also be demolished and the parcel combined with the 2500 East Hallandale Beach Boulevard property.
2. The existing 97,032 square foot office space and 31,966 square feet of retail is to remain.
3. A 29 story mixed use building at the eastern end of the property consisting of 8,947 square feet of retail on the ground floor and 179 residential units.
4. The new building consists of
a. 8947 square feet of retail space and 14 parking spaces on floor one.
b. Parking garage for the building are on floors 2 thru 7 providing a total of 512 new parking spaces.
c. The pool deck is on floor eight.
d. The residential units are on floors nine thru the 29th floor.
e. The residential unit mix is as follows:
56 one bedroom units
95 two bedroom units
28 three bedroom units
5. An existing office/retail complex with nonconforming parking. Five hundred fifty (550) spaces are required per present Code requirements and 364 spaces are existing on the property for a shortage of 186 spaces.
6. Eight hundred sixty two (862) parking spaces are proposed and seven hundred twenty three (723) spaces are required for the new building and existing uses for a shortage of 139 spaces.
7. Presently, 7% of the property is landscaped thus, nonconforming to the present code standard requiring 15% of the site be landscaped. Landscaping is proposed to be increased to 9% of the site.
Not applicable
The Development Review Committee (DRC) had no adverse comments
regarding the conditional use permit. The DRC met several times on the major
development plan and made a number of comments primarily regarding traffic
circulation and the impact and details on the design of the project. The developer
made several revisions/corrections to the plans as a result of the DRC
comments. Specific recommendations and conditions of the Major Development
Review will be provided when said application is processed and submitted
directly to the City Commission.
The subject property is presently designated General Commercial on the City’s
Future Land Use Map. The property is designated Commercial on the Broward
County Land Use Map. The applicant proposes to develop the site per the
Neighborhood Commercial category in order to build the mixed use building with
179 residential units at a density of 50 dwelling units per acre.
The City’s and County’s Comprehensive Plan permits residential units within
commercial designated land without the need to amend the local land use plan
provided the local government applies flexibility or reserve units to the parcel.
(Note: Flexibility Units are defined as the difference between the number of
dwelling units permitted within a flexibility zone by the Broward County Land Use
Plan and the number of dwelling units permitted within the flexibility zone by the
City’s Land Use Plan.)
The City is divided into 2 Flexibility Zones. The FEC Railroad serves as the
dividing line between zones. The subject property is located in Flexibility Zone
#93. There are 1527 Flexibility Units available within Flex Zone #93. The
maximum number of Flexibility Units that may be assigned pursuant to the
Neighborhood Commercial category is 179 based on the 3.58 acre property.
The applicant is requesting assignment of 179 Flexibility Units. Assignment of
179 Flexibility Units to this parcel would reduce the number of Flexibility Units in
Flex Zone #93 to 1348.
1. The subject property is presently zoned (CCB) Central City Business District. Article III Section 32-175(2)(d)(5), of the City’ Zoning and Land Development Code, permits by a Conditional Use Permit, medium and high-density residential uses in conjunction with a mixed use project subject to the provisions for residential and mixed use set forth in Section 2.3(B)(1) the Neighborhood Commercial category of the City’s Comprehensive Plan Future Land Use Element.
The applicant proposes to build a mixed use high rise building which will contain 179 residential units. Therefore, he seeks a Conditional Use Permit pursuant to the above section.
2. The subject property is designated Commercial in the City’s and County’s
Future Land Use Maps. The Neighborhood Commercial land use designation permits mixed commercial/residential developments as follows:
a. Residential uses shall be subject to allocation of Residential Flexibility or Reserve Units for the site.
b. For mixed commercial/residential developments greater than 5 acres in size, freestanding multi-family residential uses are permitted provided the gross residential acreage does not exceed 5 acres or 40% of the commercially-designated site, whichever is greater, and the entire mixed commercial/residential development be governed by specific zoning regulations that establish criteria to ensure proper integration and compatibility of land uses within and surrounding the development.
c. Residential densities shall not exceed 50 dwelling units per acre.
The subject property is 3.58 acres in size. Based on the above
criteria the residential densities for commercially designated land
cannot exceed 50 dwelling units per acre. The applicant
proposes to build 179 residential dwelling units, the maximum
permitted by the Comprehensive Plan. The use, however, is allowed
subject to assignment by the City Commission of Residential
Flexibility Units. The applicant has requested assignment
of 179 Residential Flexibility Units to the project.
3. The Planned Redevelopment Overlay (PRD) is also assigned to the property. Section 32-176(d)(2) also permits mixed multi-family uses on sites no less than one acre subject to assignment of flexibility or reserve units under the Broward County Flexibility Rules Document. Paragraph (g)(7) of the subsection states that commercial designated properties in PRD District of at least two acres in size shall be permitted, subject to assignment of flexibility units, the maximum density of 50 dwelling units per acre.
The property is 3.58 acres in size therefore, the proposed density of 50 units per acre meets the requirements for residential development in PRD District.
4. The applicant proposes to apply the PDD Overlay District to the property. Section 32-174(g)(5) provides procedures and requirements for rezoning to PDD. The Section requires that proposed development within a developer-initiated PDD be evaluated for its consistency with the City’s goals and policies relating to the area being proposed for development.
The rezoning to PDD and proposed Development Plan is consistent with the City’s goals and policies which encourage site design planning techniques to enhance the quality of large scale developments or redevelopments as addressed under Section VII, Review of Application Criteria of this report.
5. Article III Section 32-174(g)(3) allows rezoning to PDD be submitted for review as a Concept Plan. A Concept Plan is a preliminary plan of the developer’s proposal which includes existing and future development of a project site.
According to the provisions, the following information shall be provided in a Concept Plan:
(1) A certified boundary survey.
(2) General schematic representation of the land uses (existing and proposed) with densities, intensities, along with a table of computation which depicts the number of units, gross floor area, parking, building height and site coverage.
(3) Approximate delineation of internal circulation, with hierarchical classification of streets.
The applicant has provided a detailed Development Plan which exceeds the information required to evaluate a Concept Plan. The development details are summarized under Details of the Application on pages 3 and 4.
6. Section 32-174(h) specifies the procedures and requirements for major development plans.
An application for Major Development Plan, a detailed plan representing the specific development and impact analysis has been filed by the developer. A major development plan must meet the requirements of Article V, Development Review, and the PDD requirements specified in Section 32-174(h). The Major Development Plan application will be submitted directly for City Commission consideration and will be processed subsequent to approval of the PDD rezoning application.
7. Section 32-174(i) requires all Planned Development Districts must contain a minimum of 1.5 acres of land under unified control.
The subject property is 3.58 acres, thus, it exceeds the minimum parcel size required.
8. Section 32-174(i), Planned Development District (PDD) provides assignment of PDD as an optional zoning procedure to permit site design flexibility, greater land use intensity and density in order to encourage high quality innovation development and promote its most appropriate use consistent with Comprehensive Plan policies. Development in a PDD is governed by a Development Agreement pursuant to Section 32-174(d)(2).
The uses permitted in a PDD are those uses enumerated by the underlying zoning district in accordance with the City’s Comprehensive Plan. All site development standards, including density, in a PDD are negotiated between the City and the applicant as part of the development process.
The proposed uses are permitted or conditionally permitted by the underlying Central City Business District zoning of the property. As required for properties zoned PDD, the development standards, including density, will be negotiated and the development will be governed by a Development Agreement which will be presented to the City Commission with the Major Development Plan.
Article III Section 32-174(g)(5) of the Zoning and Land Development Code states
applications for rezoning to PDD shall be reviewed with consideration given to
the following criteria:
(1) That the proposed project would further the development or redevelopment of an area of the City consistent with City land use and development goals, policies and development/redevelopment efforts.
The proposed project will further the following policies and objectives of
the city’s comprehensive land use plan:
Policy 1.2.1: A financial district theme for land use along East Beach Boulevard shall be implemented by 1997 to promote the concentration of financial services and offices and further define this corridor as a focal area of the City. The theme shall include use of Royal Palm Trees along Boulevard right-of-way.
Policy 1.3.4: High density residential developments should continue to be located with direct access onto major arteries.
Policy 1.3.6: The City shall encourage infill residential development.
Policy 1.5.8: Development themes for land use along Hallandale Beach Boulevard and U.S. 1 shall be incorporated into the Land Development Code in the form of Special Zoning Districts that redefine these corridors as focal areas of the City. In conjunction with development of these Special Zoning Districts, site development standards will be revised to include innovative approaches to site and building design.
Policy 1.10.4: The City shall maintain innovative land development regulations that encourage mixed-use developments and incorporate site design planning techniques that will enhance the quality of large scale developments or redevelopment areas.
Objective 1.16: Urban Infill and Redevelopment: Establish criteria which encourage development of urban infill and urban redevelopment area(s) to promote economic development, increase housing opportunities, and maximize the use of existing public facilities and service.
Policy 1.16.1: Increase economic development and employment opportunities within urban infill and urban redevelopment area(s).
Policy 1.16.2: Adequate housing opportunities necessary to accommodate all segments of present and future residents shall be provided within urban infill and urban redevelopment area(s).
Policy 1.16.3: The Hallandale Beach Land Use Plan shall encouraged mixed use developments within urban infill and urban redevelopment area(s).
(Note: The entire City is designated as an Urban Infill Area).
Compliance. The proposed project will help revitalize the area. Assignment of PDD Overlay district to the property is consistent with the City’s adopted goals and redevelopment efforts.
(2) That the proposed development would be of an equal or higher quality with regard to appearance, site design, compatibility with the adjacent area, landscaping, and provision of amenities that would result under the existing development standards.
Compliance. The proposed development would be of a higher quality than required by the underlying existing commercial zoning. Quality, appearance, or provision for amenities of the development are not regulated by the underlying zoning district. PDD extends the City’s discretion in assuring a high quality development and compatibility with the surrounding area through the negotiated process. Development is governed by a Development Agreement between the City and the developer. The proposal includes high quality materials and architectural features consistent with established Design Guidelines for PRD. The building is an L- shaped modern design with large spans of glass and stone. Building elevations include the parking garage cladded with decorative mesh wrapping the structure to obscure the garage area. Site design includes urban plazas with brick paver sidewalks along Hallandale Beach Boulevard.
(3) That PDD would allow a more innovative design than would be possible under the development standards of the existing zoning district and development regulations.
Compliance. PDD zoning will allow for a more innovative design of the development, it also allows for amenities that will enhance the development.
(4) That the proposed development would promote the public interest, including, if appropriate, the provision of open space and amenities available for public use.
Compliance. The proposed new development provides amenities such as additional open space and landscaped areas and pedestrian sidewalks for public and private use. The new buidling has been designed to create connectivity to the existing commercial complex area by including site improvements, such as brick paver sidewalks, parking lot illumination, facade and landscape upgrades to the entire property.
(5) That mixed commercial and residential development proposals would be well planned, in an integrated design that would encourage use of mass transportation, pedestrian and bicycling modes of transportation.
Compliance. The proposed development integrates commercial, retail, office and residential uses. The project’s location along Hallandale Beach Boulevard, a transit corridor well served by Broward County Transit, should encourage use of mass transportation by residents, employees and visitors to the site.
(6) That is would be more appropriate for a proposed project to be developed under PDD development standards and procedures than the existing zoning district development standards, and development review and variance procedures, when the criteria mentioned in this subsection are considered.
Compliance. It is more appropriate to evaluate the proposed project as an overall redevelopment plan under PDD than adhering to the specific Code criteria of the underlying zoning district. PDD zoning provides the flexibility to determine the appropriateness of a code modification based on the suitability to the specific site than the variances process. Adherence to the strict review criteria for variance of Section 32-965 is not applicable with PDD zoning. Such modifications can be determined to have no significant impact on the actual development and neighboring properties, or that it may actually enhance the proposal through the negotiated process.
CONDITIONAL USE REVIEW CRITERIA
ARTICLE VI, SECTION 1 (1.02) Conditional uses: Applications for conditional
uses shall be reviewed with consideration given to the following:
(1) That the use is compatible with the existing natural environment and other properties within the neighborhood.
Compliance. The surrounding neighborhood consists of residential high-density, multi-family and commercial uses, therefore, the residential component of this mixed-use project is well integrated with surrounding uses.
(2) That the use will create no substantial detrimental effects on property values in the neighborhood.
Compliance. The surrounding area consists primarily of high-density residential, retail and offices, therefore, the proposed residential mixed-use project will not create detrimental effects on any surrounding property values. The addition of high-end, mixed use building will substantially improve the area and is consistent with the purpose of the CCB District and PRD Overlay District.
(3) That there are adequate public facilities such as schools, roads, parks, and utilities within the service areas involved.
Compliance. Adequate public facilities exist within the subject service area.
(4) That there will be adequate provisions for the traffic movement, both vehicular and pedestrian, both internal to the use and in the area which will serve the use.
Compliance. Vehicular and pedestrian traffic movements were reviewed as part of the Major Development Plan application and were found to be adequate. The proposed development will not obstruct or impede pedestrian movements.
(5) That there will be adequate drainage systems to service the use with particular attention to the necessity for on-site retention systems to alleviate drainage and pollution problems.
Compliance. A storm water drainage system will be provided as required by Code.
(6) That there are adequate setbacks, buffering, and general amenities in order to control any adverse effects of noise, light, dust, and other nuisances.
Compliance. The proposal has been designed to provide adequate buffering of service area to nearby properties. Redevelopment of the property will include upgrades and enhancements to the landscaping and buffering over existing conditions as well as in the immediate area and will not result in the creation of any nuisances.
(7) That the land area is sufficient, appropriate and adequate for the use and for any reasonably anticipated expansion thereof.
Compliance. The proposal is in compliance with the City’s Comprehensive Plan. Additionally, the proposed site carries the proper zoning, land-use, and Comprehensive Plan designations required for such development. Several other high-density residential developments currently exist in close proximity to the subject site, making the proposed use appropriate.
(8) Any other conditions as may be stipulated and made a requirement in granting any application for a conditional use, when it is considered necessary to further the intent and general welfare, including but not limited to:
a.) Limitations on the hours of business operations.
b.) Limitations on the number of occupants of any building at any one time.
Not applicable.
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VIII. STAFF RECOMMENDATIONS
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Conditional Use Application
A comprehensive compatibility analysis has revealed the proposed mixed use development will not negatively impact surrounding properties and will prove to be an overall asset to the area. Since the immediate vicinity is primarily
composed of high-density residential, retail, and office uses the proposed location is appropriate for such land-use intensity. The subject application meets the requirements of the City Code and the overall vision of the City’s Comprehensive Plan and the Planned Redevelopment Overlay (PRD) District.
Therefore, staff has no objections to the approval of the application for a Conditional Use Permit subject to assignment of 179 Residential Flexibility Units to the project by the City Commission.
Should the City Commission decide to approve the Conditional Use application as requested, a Resolution assigning 179 Residential Flexibility Units from Flexibility Zone #93 to the Millennium Hallandale project will be presented to the City Commission for their consideration and approval with the subject applications.
Rezoning to PDD
Staff has not objections to assigning the PDD Overlay District to the subject site. Rezoning to PDD will allow for design flexibility through the negotiated process in order to encourage development that is consistent with Comprehensive Plan policies and desired development patterns.
Attached, for Planning and Zoning Board consideration and City Commission action is the ordinance for the proposed rezoning to PDD.
The Major Development Review application, Development Agreement, waiver request to modify site development standards, and resolution assigning 179 Residential Flexibility Units to the project will be submitted directly to the City Commission with the subject applications.
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PLANNING AND ZONING BOARD RECOMMENDATION
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MS. NATELSON MOTIONED TO RECOMMEND APPROVAL TO THE CITY COMMISSION OF APPLICATIONS #04-06-Z AND #05-06-CU BY MILLENNIUM GROUP REQUESTING ASSIGNMENT OF PDD (PLANNED DEVELOPMENT OVERLAY) DISTRICT AND A CONDITIONAL USE PERMIT IN ORDER TO CREATE A MIXED USE DEVELOPMENT AND BUILD A RESIDENTIAL BUILDING AT 2500 EAST HALLANDALE BEACH BOULEVARD.
1. APPLICATION #04-06-Z APPLYING THE PDD (PLANNED DEVELOPMENT OVERLAY DISTRICT TO THE SUBJECT PROPERTY.
MR. FENDELL SECONDED.
MOTION CARRIED BY ROLL CALL VOTE: (3-2 FOR APPROVAL)
( MR. PATTERSON AND MR. COOPER VOTED NO)
2. APPLICATION #05-06-CU FOR A CONDITIONAL USE PERMIT PURSUANT TO SECTION 32-175(2)(d)(50 OF THE ZONING AND LAND DEVELOPMENT CODE IN ORDER TO CONSTRUCT 179 RESIDENTIAL UNTIS WITHIN THE PROPOSED MIXED USE DEVELOPMENT.
MR. SCHNEIDER SECONDED.
MOTION CARRIED BY ROLL CALL VOTE (3-2) FOR APPROVAL
(MR. COOPER AND MR. PATTERSON VOTED NO)