boardname
PLANNING AND ZONING BOARD
Meeting Date: JUNE 25, 2025
title
THE OAKS AT PALM AIRE - FLEX
projectinfo
Request: Flex
P&Z# 23-05000007
Owner: Clublink US, LLC
Project Location: 3701 Oaks Clubhouse Dr
Folio Number: 494205000047, 494205000020
Land Use Designation: Palm Aire Dashed Line Area
Zoning District: RM-45 (Multiple-Family Residence 45)
Commission District: 5 (Darlene Smith)
Agent: Scott Backman
Project Planner: Jean Dolan (954-786-4045 / jean.dolan@copbfl.com)
otherinfo
INTRODUCTION
The provision of Flexibility Units is a function of the Broward County Land Use Plan and administered by the County’s “Administrative Rules Document.” Local governments are permitted to allocate residential units to increase the density in a residential land use category without amending the City’s Future Land Use Map or requesting permission through the County. Each City keeps track of the number of Flexibility Units allocated and reports back to the County regarding each approval. The use of such allocation is advantageous when the city has determined that an infusion of residential units would enhance a project or area.
THE REQUEST
The Applicant (Scott Backman of Miskel Backman, LLP), is taking advantage of the incentives to encourage mixed income housing projects under Broward County Policy 2.16.3. The Applicant is requesting 31 moderate-income flex units to generate the entitlements for a 216-unit multi-family project on an 8.53-acre portion of a 10.8-acre property located at 3701 Oaks Clubhouse Drive (494205000047) which is primarily the current Oaks Golf Course clubhouse and associated paved parking lot. The site is within the Palm Aire Dashed Line land use category with an underlying residential land use and RM-45 zoning. In this case, the use of Policy 2.16.3 comes with two incentives. First, it allows for 6 bonus units for every 1 moderate income unit deed restricted to affordable for 30-years per the County’s policy language. Second, the City Commission delegated the authority to approve flex units for projects using Policy 2.16.3 to the Planning and Zoning Board. The flex units, therefore, will be considered concurrent with the site plan approval.
HISTORY OF PALM AIRE
Palm Aire was annexed into the city between 1966-1973. The first Broward County land use plan was adopted in 1977 and showed Palm Aire in the same dashed-line land use designation that it has today. This land use designation, therefore, is the only land use designation Palm Aire has ever had and was the means by which the residential entitlements were originally created for the district. In 1985, the court-approved Palm Aire Stipulated Settlement Agreement (SSA) was adopted which consists of a map and table that assigned the remaining 40% of the residential units in Palm Aire to identified development parcels. In 1993, a land use plan amendment for Palm Aire reduced the maximum number of allowable residential units within the Palm Aire Dashed Line by 907 units to 9,724 units without any changes to the SSA. In 2010, another land use plan amendment was adopted by the City Commission to increase the maximum number of units back to 10,631 (Ordinance 2010-43) and all of those units were assigned to the redevelopment of the golf course north of Atlantic Boulevard even though that parcel was never allocated any residential units in the 1985 SSA. Subsequently, the rezoning of that golf course to RPUD with a Master Plan for all 907 of those residential units was approved. Any undeveloped parcels in Palm Aire with residential land use and zoning, therefore, have no residential entitlements from the original dashed-line limit.
The allocation of flexibility units is a tool to allow an increase in density in a residential land use category without requiring a land use plan amendment. The subject property within the Palm Aire Dashed Line land use district is eligible for a flex unit allocation because it is within the City’s flex receiving area and the Dashed Line land use district is eligible to receive flex units (see letter from Broward County Planning Council attached confirming that the dashed-line land use category is eligible for flex units). The subject site is zoned RM-45 and can accommodate the requested density of 25 units per acre.
THE PENDING CLASS ACTION LAWSUIT
It must be noted that a Class Action Lawsuit has been filed against the city that includes this project and every project in Palm Aire that has previously received flex units. That lawsuit is alleging that the Palm Aire Dashed-Line land use district is not eligible to receive flex units because of the total number of units identified in the SSA. This is not correct because the SSA did not create any entitlements in Palm Aire. The 1977 Broward County land use plan map dashed-line land use category created the entitlements years prior to the 1985 SSA that directs the location of the final 40% of the residential units in Palm Aire. The SSA does not govern the Dashed-Line land use category. The Broward County Land Use Plan, Administrative Rules Document, the City’s Comprehensive Plan and City Code Chapter 154 govern the Dashed Line land use category.
The 1985 SSA is not being “violated” by allocating flex units in Palm Aire. That agreement directed where the final 40% of the units in Palm Aire were intended to be built. The agreement was generally followed and 100% of the units in Palm Aire have been allocated in general compliance with that agreement. The purpose of that agreement is now complete and the SSA has no current role to play other than the providing the historic explanation of why some properties with a residential land use and zoning in Palm Aire were not assigned any residential development rights.
FLEXIBILITY UNIT ALLOCATION REVIEW STANDARDS
An application for a Flex Unit allocation must meet the following review standards found in Section 154.61(D):
Application review standards.
(1) Consistency with applicable goals, objectives and policies of the City's Comprehensive Plan and this chapter.
The following Comprehensive Plan Goals, Objectives and Policies support this Application:
Goal 01.00.00 - The attainment of a living environment which provides the maximum physical, economic and social well-being for the city and its residents through the thoughtful and planned use and control of the natural and man-made environments that discourages urban sprawl, is energy efficient and reduces greenhouse gas emissions.
Policy 01.03.06 - Consider density and intensity revisions with an emphasis on minimal negative impacts to existing residential areas, particularly single-family areas.
Policy 01.01.13 The City shall utilize flexibility units and redevelopment units to increase residential densities within the flex receiving area when consistent with the community character; adjacent land uses; and public school capacity both within Pompano and affected contiguous municipalities; and has undergone a compatibility review relative to potential impacts on Environmentally Sensitive Lands and County or regional parks in accordance with Policy 2.10.01 of the Broward County Land Use Plan.
Policy 01.03.11 - Consider the compatibility of adjacent land uses in all Land Use Plan amendments and rezonings.
Objective 03.01.00
The city should provide, through the undertaking or support of public and private development efforts, sufficient housing units through long range planning horizon to meet the anticipated population through 2040. Provision of these units shall be based on the need for adequate and affordable housing for all segments of the existing and future population including those households with very-low, low, and moderate incomes and those with special housing needs, including homelessness.
Compatibility Statement: The subject property related to the proposed flex unit allocation has a residential land use and RM 45 zoning and is currently the location of the Oaks Golf Course Clubhouse and parking lot. The proposed project consists of 4, 5-story buildings with 54 units each for a total of 216 units on a net 8.54 acres site (25 du/ac). It is adjacent to a 39-unit townhouse project on 4.3 acres to the west (approximately 9 du/ac) and two, twin 5-story condominium buildings on 6.2 acres to the east which is approximately 18 du/ac. The proposed residential development is consistent with the existing built environment in Palm Aire and the site plan has been designed to ensure compatibility with the adjacent residential uses.
The relocated and redeveloped Oaks Golf Course building and parking lot is north of the residential and is being built on a portion of what is currently greenspace on the golf course and has a land use of Recreation and Open Space and a Parks and Recreation zoning. The new clubhouse is a permitted use in that area. The new clubhouse and parking lot will be closer to Condo 6 to the north than the current clubhouse.
(2) The use of the flexibility units will produce a reasonable development pattern. The criteria for reasonableness shall include compatibility of adjacent land uses and suitability of the parcel for various development patterns.
It is Staff’s opinion that the infusion of residential units on the subject property would produce a reasonable development pattern considering adjacent uses and the suitability of the parcel for development. The land use, zoning and uses on surrounding properties are shown in the following table:
|
Direction |
Land Use Designation/Zoning |
Use |
|
North |
Recreation Open Space (OR) Parks and Recreation (PR) |
Golf Course (location for Relocated Clubhouse and parking lot) |
|
East |
Palm Aire Dashed Line/RM 45 |
5-Story Condominium twin towers |
|
South |
Palm Aire Dashed Line/RM 45 Recreation Open Space (OR) / Parks and Recreation (PR) |
3 SF homes Golf Course |
|
West |
Palm Aire Dashed Line/RM 45 |
Townhomes |
Flexibility unit Allocation Tracking
The city has 287 Flexibility Units and 500 Redevelopment Units that can be used when all the flex units have been allocated. If this request is approved, the city will have 256 Flexibility Units remaining (287-31 =256).
Recommendation
Given the information provided to the Board, as the finder of fact, staff provides the following alternative motions, which may be revised or modified at the Board’s discretion.
Alternative Motion 1: Recommend approval of the requested 31 Moderate Income Flex Unit allocation as the Board finds the application is consistent with the aforementioned pertinent Future Land Use goals, objectives, and policies, with the following conditions:
1. The Flex units will be documented as approved on the Development Order for the final site plan for this project which is being reviewed and considered concurrent with this flex unit request;
2. The Declaration of Restricted Covenants committing the 31 units to moderate income households for 30-years with monthly housing costs no more than 30% of the household income of future tenants or buyers must be recorded prior to issuance of the first building permit for the project;
3. If a building permit is not issued within two years of the approval date, the Applicant must request an extension or the approval of this Flex Allocation will become null and void.
Alternative Motion 2: Table this application for additional information as requested by the Board.
Staff recommends Alternative Motion 1.