THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE PLANNING AND REDEVELOPMENT DIVISION RECOMMEND APPROVAL.
The Planning and Redevelopment Division has received an application on behalf of the Town of Davie requesting a “compatibility review” for the proposed allocation by the Town of the Broward County Land Use Plan’s “5% Residential-to-Commercial Flexibility Rule” to a 9.895 acre parcel located at the southeast corner of Stirling Road and Pine Island Drive, and also contiguous to the City of Cooper City. On March 18, 2014, pursuant to Article 9.5 of the Administrative Rules Document: Broward County Land Use Plan, the County Commission set a public hearing for April 8, 2014.
Attached as Exhibit 1 is the County staff report and recommendation. County staff recommends that the Board find that the subject allocation of the Broward County Land Use Plan “Flexibility Rules” by the Town of Davie is compatible with adjacent land uses.
The “5% Residential-to-Commercial Flexibility Rule” allows municipalities to permit retail and office uses on parcels less than 10 acres in size which are designated on the land use plan as “Residential.”
The origin of this “compatibility review” request is the City of Cooper City. Pursuant to Article 9.4 (B) of the Administrative Rules Document: Broward County Land Use Plan (ARD), the City of Cooper City, as a contiguous municipality, requested a “compatibility review” on July 23, 2013. The Town of Davie was notified of the City of Cooper City’s request on August 5, 2013. The Town was also notified that, pursuant to Article 9.5 of the ARD, the Town’s allocation of “Flexibility” would be subject to a public hearing by the County Commission. The application for a “compatibility review” was received by County staff on January 31, 2014.
It is noted that County staff coordinated with the Town of Davie, City of Cooper City, the property owner and their representatives, and other interested parties to invite their participation at the public hearing. Correspondence received from affected and interested parties is included in Exhibit 1.
Please note that as per Article 9.2 of the ARD, “compatibility” is defined as “a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition.”
Please also note that as per Article 9.3 of the ARD, and as addressed in the Exhibit 1 Staff Report, compatibility determinations for proposed non-residential development which will not impact public beach access shall be based on the following considerations:
(A) The density and intensity of the land use(s) resulting from the application of flexibility.
(B) The density and intensity of existing and planned land uses adjacent to the site.
(C) Comprehensive plan requirements, land development code provisions, zoning regulations, adopted design guidelines or other measures in place to ensure compatibility. |