Background:
This is an application by New Urban Sunset Strip, LLC for a Revised Site Plan approval to amend one of the previously City Commission approved staff conditions regarding affordability in order to allow for language to be consistent with the proposed revision to the Development Agreement (“First Amendment to Development Agreement”) for Sunset Strip Square located at 1577 Sunset Strip, as shown on the location map in the attached staff report. The property is zoned RM-10 (Low Medium Multifamily Residential District) with an underlying land use designation of Low (5) Residential on the City’s Future Land Use Map. The Revised Site Plan requires City Commission approval as per Section 16-32 of the Land Development Code.
Concurrently with this Revised Site Plan application, a Rezoning application to amend a condition of the rezoning ordinance and a First Amendment to Development Agreement are being processed for the Sunset Strip Square project to incorporate the proposed revision to the affordability condition. The applicant is not requesting to make any additional changes to any other conditions or any revisions to the Site Plan for the single-family residential development.
On November 14, 2023, via Resolution No. 23-168, the City of Sunrise City Commission approved the Sunset Strip Square Site Plan subject to the following conditions:
- Prior to final Site Plan approval, the applicant shall receive Plat approval from the Broward County Commission.
- The developer and/or Home Owners Association is required to maintain the landscaping and irrigation along the eastern property line provided within the Sunset Strip Square right-of-way.
- Developer shall be required to comply with all conditions set forth in the Development Agreement approved via City of Sunrise Resolution No. 23-132 and provide evidence of compliance including but not limited to the following:
a. A landscaped public space with an art sculpture in the general vicinity of the location depicted on Exhibit B. The City shall assist the Developer with the selection of a public art sculpture constructed of low-maintenance materials. The selected public art shall be in the amount not less than $15,000 installed but not to exceed $20,000. The Developer shall be responsible for the installation of the art pad, lighting, and associated improvements related to the public art display. The maintenance of the art sculpture and associated improvements related to the public art display are the responsibility of the Developer.
b. The perimeter hedge shall be maintained at 6-foot in height to obscure the perimeter fence along the north, south, and west property lines.
c. An Affordable Housing Declaration of Restrictive Covenants consistent with that approved in the Development Agreement shall be recorded in the Public Records of Broward County, Florida prior to the issuance of any building permits for the Project. Prior to the closing of each affordable housing unit, the Developer shall record a Notice of Designation of Affordable Housing Unit consistent with that approved in the Development Agreement to identify which of the above covenants applies to that home. For the three (3) homes that are not affordable housing units, the Developer shall record a release from the Declaration of Restrictive Covenants prior to the closing of such home.
d. Prior to the conveyance of any homes, Developer shall establish a Homeowners’ Association (“HOA”) which shall require the HOA to be maintained in perpetuity, unless the City agrees to terminate. The HOA documents shall at minimum provide for the maintenance of common areas.
- Prior to final Site Plan approval through the Community Development Department, the applicant shall correct the appropriate sheets in the Site Plan set and address the outstanding comments of the Development Review Committee.
In order to be in conformance with the Broward County requirements for the project’s financing the applicant has requested an amendment to the proposed project regarding the project’s affordability condition (Condition 3c). Therefore, the proposed amendment to the Condition 3c below will be consistent with the proposed revision to the Development Agreement. The revisions are shown in Condition 3c below as underlined.
Staff finds the Revised Site Plan application meets all applicable criteria and recommends approval of the application, subject to the conditions below, which include an update on the conditions since the original approval of the Site Plan on November 14, 2023.
- Prior to final Site Plan approval, the applicant shall receive Plat approval from the Broward County Commission.
Update: Condition has been addressed.
- The developer and/or Home Owners Association is required to maintain the landscaping and irrigation along the eastern property line provided within the Sunset Strip Square right-of-way.
Update: This condition will remain in perpetuity unless amended.
- Developer shall be required to comply with all conditions set forth in the Development Agreement and provide evidence of compliance including but not limited to the following:
Update: This condition remains in accordance with the Development Agreement.
a. A landscaped public space with an art sculpture in the general vicinity of the location depicted on Exhibit B. The City shall assist the Developer with the selection of a public art sculpture constructed of low-maintenance materials. The selected public art shall be in the amount not less than $15,000 installed but not to exceed $20,000. The Developer shall be responsible for the installation of the art pad, lighting, and associated improvements related to the public art display. The maintenance of the art sculpture and associated improvements related to the public art display are the responsibility of the Developer.
Update: This condition remains.
b. The perimeter hedge shall be maintained at 6-foot in height to obscure the perimeter fence along the north, south, and west property lines.
Update: This condition remains.
c. An Affordable Housing Declaration of Restrictive Covenants consistent with that approved in the Development Agreement shall be recorded in the Public Records of Broward County, Florida prior to the issuance of any building permits for the Project. Prior to the closing of each affordable housing unit, the Developer shall record a Notice of Designation of Affordable Housing Unit consistent with that approved in the Development Agreement to identify which of the above covenants the affordability restrictions that apply applies to that home. For the three (3) homes that are not affordable housing units, the Developer shall record a release from the Declaration of Restrictive Covenants prior to the closing of such home.
Update: This condition remains and is updated per strikethrough and underline as shown above.
d. Prior to the conveyance of any homes, Developer shall establish a Homeowners’ Association (“HOA”) which shall require the HOA to be maintained in perpetuity, unless the City agrees to terminate. The HOA documents shall at minimum provide for the maintenance of common areas.
Update: This condition remains.
- Prior to final Site Plan approval through the Community Development Department, the applicant shall correct the appropriate sheets in the Site Plan set and address the outstanding comments of the Development Review Committee.
Update: Condition has been addressed.
In addition, the Revised Site Plan is subject to the following condition:
- The “First Amendment to Development Agreement” between the City of Sunrise and New Urban Sunset Strip, LLC regarding Sunset Strip Square shall be approved prior to the proposed Revised Site Plan approval.
Staff completed an open building permit and code violation search. There are no open building code cases, building permits, nor liens for the subject property.
For more information on this item, including any of the attachments to this item or additional backup information, please contact the Community Development staff member identified below.