boardname
PLANNING AND ZONING BOARD
Meeting Date: JUNE 26, 2024
title
Text Amendment - Section 155.4501. Separation Requirements for Alcoholic Beverage Establishments
projectinfo
Request: Text Amendment - Section 155.4501. Separation Requirements for Alcoholic Beverage Establishments
P&Z# N/A
Owner: N/A
Project Location: N/A
Folio Number: N/A
Land Use Designation: N/A
Zoning District: N/A
Commission District: N/A
Agent: N/A
Project Planner: Max Wemyss (954-786-4671 / max.wemyss@copbfl.com)
otherinfo
Summary:
Section 155.4501 of the Zoning Code provides the separation requirements for alcoholic beverage establishments, as well as several exemptions. Prior to obtaining an Alcohol Beverage License from the State, applicants must obtain approval from the City to satisfy any separation requirements that may apply.
One exemption reads as follows:
Within the Atlantic Boulevard Overlay District (AOD) and/or East Overlay District (EOD) only, a bar or lounge, brewpub, restaurant, or specialty eating establishment (whether a principal use or an accessory use to a hotel, and including any accessory outdoor seating).
A bar, lounge, brewpub, restaurant, or specialty eating establishment within the Atlantic Boulevard Overlay District or the East Overlay District are exempt from a separation requirement from Child Care Facilities, Schools, Places of Worship, Other Alcoholic Beverage Establishments, and Sexually Oriented Businesses.
The proposed revision is to add the Downtown Pompano Overlay District as an area where separation requirements for a bar, lounge, brewpub, restaurant, or specialty eating establishment would not apply. The rationale for this proposed revision is the same for the exemption in the AOD or the EOD. The City seeks to encourage the redevelopment and commercial activation of the district. The coalescence of uses within the DPOD today, while encouraged in this mixed-use district, are preventing the establishment of new alcoholic beverage establishments. For example, places of worship have such a frequency that no bar would be able to establish within the downtown, unless otherwise exempt.
Therefore, the following amendment is submitted for the Planning and Zoning Board’s consideration:
155.4501. SEPARATION REQUIREMENTS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS
A. General
Except as otherwise provided in Table 155.4501.B <https://codelibrary.amlegal.com/codes/pompanobeach/latest/pompanofl_zone/0-0-0-46335> below, any alcoholic beverage establishment shall be separated from certain existing uses in accordance with Table 155.4501.A <https://codelibrary.amlegal.com/codes/pompanobeach/latest/pompanofl_zone/0-0-0-46335>, Minimum Separation from Certain Existing Uses.
B. Exceptions
Table 155.4501.B <https://codelibrary.amlegal.com/codes/pompanobeach/latest/pompanofl_zone/0-0-0-46335> lists uses that are exempt from the separation requirements in Table 155.4501.A <https://codelibrary.amlegal.com/codes/pompanobeach/latest/pompanofl_zone/0-0-0-46335>.
Staff Request
Staff finds that the proposed text amendment is consistent with the Text Amendment Review Criteria established in Section 155.2402. TEXT AMENDMENT, as follows:
The advisability of amending the text of this Code is a matter committed to the legislative discretion of the City Commission and is not controlled by any one factor. In determining whether to adopt or deny the proposed amendment, the City Commission shall weigh the relevance of and consider whether and the extent to which the proposed amendment:
1. Is consistent with the comprehensive plan;
2. Does not conflict with any provision of this Code or the Code of Ordinances ;
3. Is required by changed conditions;
4. Addresses a demonstrated community need;
5. Is consistent with the purpose and intent of the zoning districts in this Code, or would improve compatibility among uses and would ensure efficient development within the city;
6. Would result in a logical and orderly development pattern; and
7. Would not result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, storm water management, wildlife, vegetation, wetlands, and the natural functioning of the environment.
The Department of Development Services is seeking a recommendation of approval of the proposed text amendment to the City Commission.