AGENDA ITEM REPORT
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AN ORDINANCE APPROVING AN AMENDMENT TO ORDINANCE NO. 2010-006 AND THE DEVELOPMENT ORDER FOR THE MAINSTREET @ COCONUT CREEK DEVELOPMENT, A DEVELOPMENT OF REGIONAL IMPACT TO BE LOCATED IN SECTION 42, TOWNSHIP 18, RANGE 48, AMENDING CERTAIN DEVELOPMENT CONDITIONS AND PROVIDING FOR AN EXTENSION OF THE VESTED DEVELOPMENT RIGHTS. (QUASI-JUDICIAL)(SECOND READING)(SECOND PUBLIC HEARING)
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BACKGROUND:
This item was approved on First Reading at the December 14, 2023, City Commission Meeting.
The applicant, Scott Backman of Dunay, Miskel & Backman, LLC, on behalf of the owner, David Auld of Johns Family Partners, LLLP, is requesting an amendment to the originally approved Development of Regional Impact (DRI) Development Order Ordinance No. 2010-006 for the proposed MainStreet @ Coconut Creek development project.
The MainStreet @ Coconut Creek DRI Development Order (MainStreet DRI) was approved by the City Commission in 2010. The original DRI approved by the City authorized a maximum of 3,750 residential units, 1,625,000 square feet of commercial use, and 525,000 square feet of office use. DRIs are regulated by Section 380.06 of the Florida Statutes and are defined as any development that, because of its character, magnitude, or location, would have a substantial effect upon the health, safety, or welfare of citizens of more than one county.
In recent years, the Florida Legislature abandoned the DRI concept. Existing DRIs, however, remain in effect until they are built-out, amended, or rescinded by the local government. With the elimination of the formal DRI process, changes to a previously-approved DRI shall be reviewed by the local government based on the standards and procedures in its adopted local comprehensive plan and adopted local land development regulations.
It should be noted that the MainStreet DRI land area is not identical to the MainStreet Planned MainStreet Development District (PMDD) area, also under review by the City Commission. The City does not currently own any land located within the MainStreet DRI and there is an approximately one (1) acre parcel (Tax Folio # 484219010042, Neil Haynie parcel) within the MainStreet DRI that is not included in the MainStreet PMDD.
DISCUSSION:
The concurrently proposed MainStreet PMDD development program (which includes land outside the MainStreet DRI) consists of a maximum of 2,360 multi-family residential units and 225,000 square feet of non-residential and private recreation use. The multi-family residential designation consists of townhomes, condominiums, and apartments. Although the revised development program is significantly less dense and intense than what is permitted under the DRI, the applicant cannot reduce the total entitlements in the MainStreet DRI because approximately one (1) acre of vacant land along Sample Road within the DRI is owned by a separate property owner (Tax Folio # 484219010042, Neil Haynie Parcel), who is not participating in the proposed PMDD development project and retains development rights for that vacant tract. As such, the applicant is proposing to leave the overall entitlements intact but amend the DRI Ordinance to reflect the revised development program for the MainStreet @ Coconut Creek PMDD and its projected impacts and mitigation, and related changes desired by the City.
Amendments to the DRI Ordinance are summarized below:
• Changes relating to consistency with the proposed PMDD regulating document for the development project;
• Changes relating to new City Code requirements, sustainability policies, and utility engineering standards;
• Updated Buildout Date;
• Traffic Impact Analysis study recommendations relating to required roadway improvements, signalization thresholds, construction timing and phasing, site access changes, and costs and fees related to such improvements;
• Updated Transportation Demand Management (TDM) Strategies and coordination with the City on the developing Mobility Hub Master Plan and Transit Master Plans; and
• Updated reporting and monitoring requirements.
RECOMMENDATION:
The Planning and Zoning Board, at its October 11, 2023, meeting recommended approval of this application subject to conditions. Outstanding DRC comments are included in the Planning & Zoning Board Agenda backup and are available online for your review. City staff has reviewed the application for consistency with the City of Coconut Creek Land Development Code and applicable goals, objectives, and policies of the Comprehensive Plan and recommends approval subject to the conditions listed below:
1. Outstanding DRC comments remain effective throughout the development review process and must be addressed as stated therein.
2. Pursuant to Section 380.06163.3225, Fla. Stat., the Developer shall enter into a Development Agreement with the City of Coconut Creek, in a form approved by the City Attorney, upon the terms and conditions approved by the City Commission. Such Development Agreement, upon execution, shall be incorporated herein and compliance with the terms and conditions of such Development Agreement shall be a condition of approval of this MainStreet @ Coconut Creek DRI Development Order.
FISCAL IMPACT: N/A