boardname
PLANNING AND ZONING BOARD
Meeting Date: MARCH 22, 2023
title
OLD TOWN SQUARE II
projectinfo
Request: Text Amendment
P&Z# 22-81000004
Owner: N/A
Project Location: Downtown Pompano TOC
Folio Number: N/A
Land Use Designation: DPTOC (Downtown Pompano Transit Oriented Corridor)
Zoning District: TO-DPOD (Transit Oriented Downtown Pompano Overlay District)
Commission District: 2 (Rhonda Eaton), 3 (Alison Fournier) and 4 (Beverly Perkins)
Agent: Nectaria Chakas (954-779-1123 / nchakas@lochrielaw.com)
Project Planner: Max Wemyss (954-786-4671 / max.wemyss@copbfl.com)
otherinfo
On behalf of the developer of the Old Town Square II, the applicant Nectaria Chakas, Attorney is requesting to amend the Downtown Pompano Beach (DP) Overlay District [section 155.3708] in order to add four feet to the overall height of a building permitted by a building height bonus, modify the massing restrictions of the Historic Transition Area, amend the Transit Core Area boundary of the Density Regulating Plan (incorporating four blocks), and to amend the Use Area Regulating Plan by changing two blocks from RM to MUR (to permit ground floor commercial activity).
CODE AMENDMENT, AS SUBMITTED BY THE APPLICANT
CHAPTER 155: ZONING CODE
. . .
155.3708. Downtown Pompano Beach (DP) Overlay District
. . .
A. Purpose
The Downtown Pompano Beach Overlay district (DPOD) is established and intended to encourage an urban form that promotes transit usage and pedestrian oriented design.
…
E. Building Height Regulating Plan and Modified Height Standards
1. Building Height Regulating Plan
All new and modifications to existing development shall comply with the standards found within the Building Height Regulating Plan shall be referred to. In addition, the following shall apply:
a. Areas intended for commercial uses on the ground floor of all non-residential and mixed-use buildings shall be a minimum of 12 feet in height; and
b. Buildings higher than 6 stories shall be developed according to the tower building type standards.
2. Height Bonus Options
In addition to the maximum building shown the Building Height Regulating Plan, properties within the DPOD may be eligible for a height bonus in accordance with Table 155.3708.E.1. In no case shall a property be permitted to utilize more than one height bonus.
|
TABLE 155.3703E.1: Height Bonus Options |
|
Bonus Option |
Sub-Area |
Height Bonus |
Requirement |
|
#1 |
Core and Center |
24 ft. 28 ft. |
Properties whose front lot line or street side lot line is directly abutting or located across a street from the designated public open space. |
|
#2 |
All |
12 ft. |
Buildings at the end of a street vista. The additional height / story shall occupy up to 15% of the floor area of the story immediately below. |
|
#3 |
All |
12 ft. |
Properties located within the 1/4 mile radius (1,320 feet) of the BCT North East Transit Center, that provide public parking in accordance with the following: a. The minimum number of spaces required for off-street parking are provided using one or more of the Off-street Parking Alternatives; b. A minimum of 10% of the parking spaces are reserved for public parking. The 10% of parking spaces shall be calculated including the spaces required for the height bonus. c. A lease agreement with the City, at a rate established by the City, shall be recorded for a term not less than 50 years. |
|
#4 |
All |
12 ft. |
All new non-residential, multi-family residential and mixed-use construction that provide public art using one or a combination of the following strategies: 1. A fee equal to 1 percent of the project's construction costs; 2. A piece of artwork valued at 1 percent of the project’s construction costs. a. The artwork shall be accessible to the public and may be displayed in the building's common areas, public open spaces or areas along the street abutting the building. b. Public art proposed for public areas shall be required to receive approval from the City Commission. |
|
#5 |
Core and Center |
12 ft. |
Development which achieves at least 28 points per Table 155.5802, Sustainable Development Options and Points. |
…
K. Additional DPOD Standards
…
3. Additional Design Standards for Historic Core and Historic Transition Areas
All new or improved structures, site improvements, and appurtenances in the Historic Core and Historic Transition Areas (as depicted on the Use Regulating Plan) must comply with the design standards in this section.
a. Massing Restrictions for Historic Transition Area
In order to limit the impacts of massing on the Historic Core Area, the following massing restrictions are required for buildings within the Historic Transition Area:
i. The maximum height of the pedestal of a building shall not exceed 60 feet.
ii. The pedestal area shall not exceed 90% of the lot area .
iii. The portion of a building located above 60 feet 6 stories in height shall not exceed 80% of pedestal area and or shall be setback a minimum of 20 feet from the front building line.
. . .
Amendments to Regulating Plans/Maps for DP Overlay District
Density Regulating Plan (Section 155.3708.F.1)
Use Regulating Plan (Section 155.3708.H.1)
STAFF ANALYSIS
The proposed text amendment seeks to amend the Downtown Pompano Overlay District (Section 155.3708) to be consistent with an active Development Application (PZ22-12000044). The code amendment would amend the DPOD in order to add four feet to the overall height of a building permitted by a building height bonus, modify the massing restrictions of the Historic Transition Area, amend the Transit Core Area boundary of the Density Regulating Plan (incorporating four blocks), and to amend the Use Area Regulating Plan by changing two blocks from RM to MUR (to permit ground floor commercial activity). This analysis provides a summary of the amendments as well as some context.
Text Amendment - Building Height Bonus
The maximum height in the Core or Center is 105 feet or 80 feet respectively. The existing bonus for open space adjacency is 24 feet. Therefore, the existing maximum heights for a property in the Core or Center, inclusive of the open space adjacency bonus of 24 feet is 129 or 104 feet. The amendment will result in a maximum height (with bonus) of 133 feet (in the Core) or 108 feet (in the Center).
For reference, an elevation of the proposed development is provided as backup to this report.
Text Amendment - Historic Transition Area
The applicant is proposing to amend 155.3708.K.3.a.iii to read as: The portion of a building located above 60 feet 6 stories in height shall not exceed 80% of pedestal area and or shall be setback a minimum of 20 feet from the front building line.
The Zoning Code typically uses “feet” as a measurement, instead of stories; however, there are instances in the Zoning Code where stories have been used. A specific measurement (like feet and inches) are used for the overall building height, so that all buildings are measured in the same way. Individual stories can vary, neither the zoning code nor the building code has a maximum height allowed for an individual story (the building code does have a minimum height for a single story).
What is enabled by this change is the ability to develop a 6-story building without reducing floorplate size. This standard exists with the Historic Transition Area in addition the building design requirements of the Downtown Pompano Overlay District.
For reference, the full section regulating the Historic Transition Area, the DPOD tower standards, and tower level floorplan for the proposed development is provided as backup to this report.
Regulating Plan Amendment - Density Regulating Plan
The Density Regulating Plan includes a Transit Core Area (TCA) Boundary. In order to incentivize development around public transportation, Density Areas that fall within the Transit Core Area boundary shall be required to provide the minimum density as specified in the Density Regulating Plan, where residential is required, and shall not be subject to a maximum number of dwelling units per acre. The maximum density for residential development within the TCA boundary is limited by only the building envelope, which is prescribed by the maximum permitted building height, tower floorplate sizes and building length. The maximum density for residential development outside of the TCA boundary is limited by both the maximum permitted density as specified in the Density Regulating Plan, and the building envelope, which is prescribed by maximum permitted building height, tower floorplate sizes, and building length.
It is the applicant’s proposal to modify the TCA boundary to include four additional blocks between 2nd and 3rd Avenue, as well as between 3rd and 4th Street, consistent with the boundary of the Historic Transition Area. Development within the subject blocks will still be subject to the minimum number of dwelling units per area however, the maximum will be determined by the permitted building envelope.
Regulating Plan Amendment - Use Area Plan
The amendment proposes reclassifying two blocks from RM to MUR to permit ground floor commercial activity. The subject blocks would be subject to the following use requirements:
|
USE AREA |
RESIDENTIAL |
NONRESIDENTIAL |
|
RM: Residential Multifamily |
Required on all floors |
Not Permitted |
|
MUR: Mixed Use Residential |
Optional on 1st Floor For all properties, Optional on 2nd Floor For all properties, Required on 3rd Floor and above |
Optional on 1st Floor For all properties, Optional on 2nd Floor For all properties, Not Permitted on 3rd Floor and above |
A full list of the permitted uses within the MUR use area is available in Table 155.3708.H.2, provided as backup to this report. Additionally, the ground floor floorplan of the proposed development is provided to see the potential locations of the proposed uses.
CODE AMENDMENT REVIEW STANDARDS
The Planning & Zoning Board must make a recommendation to the City Commission on applications for code amendments based on the competent substantial evidence in the record that the amendment addresses the following standards:
155.2402. TEXT AMENDMENT
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C. Text Amendment Review Standards
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.
In addition to the analysis provided by this staff report, the applicant has provided a narrative that addresses the review standards. The applicant’s narrative is provided as backup to this report.
DEPARTMENT RECOMMENDATION
Given the information provided to the Board, as the finder of fact, the Development Services Department provides the following alternative motion options, which may be revised or modified at the Board’s discretion.
Alternative Motion I
Recommend approval of the text amendment to the City Commission for their consideration.
Alternative Motion II
Table this application for additional information as requested by the Board.