THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE PLANNING AND REDEVELOPMENT DIVISION HAVE NO RECOMMENDATION OR OBJECTION REGARDING THIS MOTION. THE PROPOSED SECOND AMENDMENT REVISES A VOLUNTARY COMMITMENT THAT WAS NEGOTIATED BETWEEN THE COUNTY COMMISSION AND THE APPLICANT’S ATTORNEY AT THE ADOPTION PUBLIC HEARING OF LAND USE PLAN AMENDMENT PC 06-30.
A revised request to amend the voluntary commitment to construct a sound wall adjacent to the Florida Turnpike made in conjunction with Land Use Plan Amendment PC 06-30 and effectuated via the Declaration of Restrictive Covenants (DRC) recorded in Official Records Book 44460, Page 1653 (Exhibit 1) has been filed with the Planning and Redevelopment Division. On June 5, 2012, the County Commission approved an amendment to this DRC, recorded in Official Records Book 50181, Page 1776 (Exhibit 2), which changed the level of development; amended the affordable housing commitment; recognized the conveyance of park and fire station property; changed municipal and homeowner association commitments, and deleted the archaeological survey requirement. At that time, the applicant also requested to amend the DRC to pay for traffic signalization software in the amount $150,000 on a permit by permit basis in lieu of making a one-time payment; to reduce an escrow payment for traffic calming measures from $125,000 to $75,000; and to reduce the height of the sound wall from twenty feet as required by the DRC to ten feet. After discussion, the applicant withdrew the first two items; however, the issue of the sound wall was deferred for an indefinite period to obtain staff approval.
The property is located on approximately 127.4 acres on both the north and south sides of Commercial Boulevard, between Rock Island Road and the Florida Turnpike, in the City of Tamarac (see Exhibit 3 aerial photo). The Land Use Plan Amendment was adopted by the County Commission on December 12, 2006 and changed the Land Use Plan designation from “Commercial Recreation” to “Low (5) Residential” and “Recreation and Open Space.” The property was platted as the “Sabal Palm by Prestige” Plat (Plat Book 178, Page 71) after the approval of the Land Use Plan Amendment.
The applicant still desires to reduce the height of the sound wall, and has submitted the attached Noise Barrier Study prepared by KB Environmental Sciences (Exhibit 4) and justification statement (Exhibit 5). The study evaluated the noise reduction of the barrier that was previously constructed by the Florida Department of Transportation (FDOT) adjacent to the subdivision to the north (Pompano Park) and compared the expected benefits of a noise barrier adjacent to the proposed Sabal Palm development. The study states that a 12-foot, effective-height wall adjacent to Sabal Palm would provide slightly greater noise reduction at ground level, on average, than the existing 20-foot wall along the Turnpike adjacent to Pompano Park. According to the study, the proposed lower walls would also provide additional benefits, including improved airflow, increased hours of sun exposure to the adjacent properties, and improved view while providing the same, or better, level of noise reduction as the 20-foot walls at Pompano Park.
The applicant has also submitted a proposed Second Amendment to the Declaration of Restrictive Covenants related to PC 06-30 (Exhibit 6) that amends the height of the sound wall from 20 feet to a height of 12 feet, consisting of a nine foot wall on top of a 3 foot berm. To further reduce noise impacts, SPL Holdings, LLC and SPL South Holdings, LLC (Developer) also agrees in the proposed Second Amendment to install impact glass as a standard feature for all residences within the Sabal Palm Plat. Additionally, the Developer agrees to landscape the sound wall, and to disclose to all buyers of lots adjacent to the Florida Turnpike within the plat that they are in close proximity to the Turnpike and that a wall and berm will be constructed in the common area between the homes and the Turnpike.
This request was evaluated by the reviewing agencies. The Highway and Construction and Engineering Division reviewed the Sabal Palm Traffic Noise Study, and although they did not perform an independent noise study to verify the results of the applicant’s study, they concluded, based on an understanding of the study methodology and noise attenuation in general, that the study’s conclusion is reasonable. This is due to the fact that the Turnpike pavement elevation is considerably higher adjacent to Pompano Park than it is by Sabal Palm, making the effective height of the 20-foot wall at Pompano Park lower on average, than the 12-foot wall at Sabal Palm relative to the Turnpike roadway (Exhibit 7).
The Broward County Planning Council also reviewed this request and has no opinion regarding the request (Exhibit 8).
The City of Tamarac has indicated no objection to the request in the attached letter (Exhibit 9).
Mainlands Section 6 Civic Association and Mainlands 7 Civic Association are specific beneficiaries of some of the voluntary commitments related to PC 06-30. The President of each association was notified of the pending request (Exhibit 10). Mr. Hamre, the President of Mainlands Section 6 was sent a copy of the request and telephoned. He indicated no objection. Staff attempted to contact Ms. Coe, the President of Mainlands 7 by email, phone, and certified mail without a response.
The County Attorney’s Office has reviewed and conceptually approved, as to form, the proposed Second Amendment to the Declaration of Restrictive Covenants (Exhibit 11).
Attached are minutes from Planning Council and County Commission public hearings relating to Land Use Plan Amendment PC 06-30 (Exhibits 12, 13, 14 and 15). The sound wall issue was discussed in great detail at both County Commission Meetings. Also attached are the minutes from the June 5, 2012 County Commission Meeting where the initial request to amend the sound wall commitment was deferred (Exhibit 16).
Staff is aware of 16 previous occasions when the County Commission approved changes to voluntary commitments after the approval of a Land Use Plan Amendment. These changes, summarized in Exhibit 17, involve changing the intensity of development, amending and releasing age restrictions, amending voluntary transportation commitments, modifications to voluntary affordable housing commitments, landscaping, and municipal and homeowners’ association commitments.
The County Commission considers voluntary commitments in deciding whether to approve changes to the County Land Use Plan. The Board relied on these commitments in its decision to approve these plan amendments. Also, after a Land Use Plan Amendment is approved, there is no legal mechanism for it to revert back to the original plan designation, in the event a voluntary commitment is unfulfilled or changed. This request is not quasi-judicial and the Board is not obligated to approve it based upon compliance with the Land Development Code.
Staff has no recommendation regarding the amendment to the voluntary commitments related to the sound wall requirement as this commitment was negotiated by the applicant’s attorney and the County Commission prior to the adoption of the public hearing. If the Board chooses to approve the request, the approval would be subject to the form of the Second Amendment to the Declaration of Restrictive Covenants being approved by the County Attorney’s Office prior to recordation. |