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P.H. 2021-45: (PUBLIC HEARING)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA ALLOCATING 0.45 ACRES OF NONRESIDENTIAL FLEXIBILITY TO ALLOW A COMMERCIAL USE IN A RESIDENTIAL LAND USE CATEGORY ON PROPERTY LOCATED SOUTH OF SAMPLE ROAD AND WEST OF FEDERAL HIGHWAY AND COMMONLY KNOWN AS 3500 NE 16th TERRACE; PROVIDING CONDITIONS AND FOR REVERSION OF NONRESIDENTIAL FLEXIBILITY IF CONDITIONS ARE NOT MET; PROVIDING AN EFFECTIVE DATE.
(Fiscal Impact: N/A)
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(Staff Contact: David Recor/Jean Dolan)
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Summary Explanation/Background:
The Applicant is processing three concurrent applications for the 0.45 gross acre property at 3500 NE 16th Terrace, which is adjacent and west of the shopping center on the SW corner of Sample Road and US 1 and was previously the site of Fire Station 103. The three applications include a local-only land use plan amendment (LUPA) to change the property from Community Facility (CF) to Residential (Low-Medium 10); a commercial flex request to allow local business uses on a residential land use classification and a rezoning to B-1 to allow the commercial use. The purpose of these three applications is to allow an office use in the existing structure on the site for the management staff of the adjacent shopping center. This agenda item is for the commercial (nonresidential) flex request.
The City’s Future Land Use Map shows the site as Community Facility (CF) while the County’s Land Use Plan shows it as Residential (LM 10). The concurrent LUPA will make the City and the County’s plan both show a LM-10 land use designation. Chapter 154.60 of the City’s Code allows up to five percent of the area with a designated residential land use category to be used for commercial uses without applying for a land use plan amendment. This is referred to as nonresidential OR commercial flexibility.
Requests for commercial flexibility requires the submittal of a conceptual plan which defines how the property will be developed in a manner compatible with the adjacent residential uses. The conceptual site plan in this case limits the commercial use to the existing building.
The allocation of commercial flexibility is discretionary, however, the criteria for the consideration of approval include (1) Consistency with the goals, objectives and policies in the Comprehensive Plan; (2) Compatibility with adjacent land uses and (3) Reasonable development pattern.
Origin of request for this action: Whitney LLC, 40th Street LLC, Clermont Realty LLC, Newton Hall LLC.
Fiscal impact and source of funding: N/A
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