boardname
PLANNING AND ZONING BOARD
Meeting Date: JULY 26, 2023
title
MCNAB HOTEL TEXT AMENDMENT
projectinfo
Request: Text Amendment
P&Z# 23-81000001
Owner: ACG PB LLC
Project Location: 872 E. McNab Road
Folio Number: 494212320010
Land Use Designation: C (Commercial)
Zoning District: B-2 (Community Business)
Commission District: 1 (Andrea McGee)
Agent: Rahil Sanghvi (909-538-2321 / jaxhotel2020@gmail.com)
Project Planner: Daniel Keester-O’Mills (954-786-5541 / Daniel.Keester@copbfl.com)
otherinfo
Summary:
The applicant is requesting a text amendment to amend Section 155.4225. C. of the City’s Zoning Code. The reason for the proposed text amendment is allow “Hotel or Motel” to be permitted by right within the B-2 zoning district, as opposed to only permitted by special exception.
CODE AMENDMENT, AS SUBMITTED BY THE APPLICANT
155.4225. COMMERCIAL: VISITOR ACCOMMODATION USES
. . .
C. Hotel or Motel
1. Districts Where Permitted
|
RS-1 |
RS-2 |
RS-3 |
RS-4 |
RS-L |
RD-1 |
RM-7 |
RM-12 |
RM-20 |
RM-30 |
RM-45 |
MH-12 |
B-1 |
B-2 |
B-3 |
B-4 |
|
|
|
|
|
|
|
|
|
S |
S |
S |
|
|
SP |
P |
P |
|
M-1 |
CR |
I-1 |
I-IX |
OIP |
M-2 |
TO |
PR |
CF |
PU |
T |
BP |
RPUD |
PCD |
PD-TO |
LAC |
PD-1 |
|
S |
P |
P |
|
P |
|
P |
|
|
|
|
|
|
P |
P |
P |
P |
2. Definition
A hotel or motel is a state-licensed building or a group of buildings in which sleeping accommodations are offered to the public and intended primarily for rental for temporary occupancy by persons on an overnight basis. Such uses may include kitchenettes, microwaves, and refrigerators for each lodging unit. Each room which is accessible by a lock-out key is considered a separate lodging unit for purposes of Zoning and Land Use. Accessory uses may include, but are not limited to, restaurants, bars or lounges, nightclubs, conference and meeting rooms, business centers, newsstands, gift shops, sale of tanning products, rental of beach chairs and umbrellas, exercise and fitness facilities, swimming pools, etc., subject to any applicable use-specific standards. This use type does not include condo hotels, bed and breakfast inns, or rooming or boarding houses. Hotels and motels are considered synonymous uses. On any parcel designated residential on the Future Land Use Map, for density purposes two lodging units shall be equal to one dwelling unit and the maximum number of dwelling units permitted for the parcel of land will be calculated based on the gross area of the property.
3. Standards
A hotel or motel shall comply with the following standards:
a. In the I-1 District, Hotels are permitted only if located directly abutting a principal arterial street.
b. Up to 15 percent of the gross floor area of a hotel or motel may be devoted to business-related accessory uses other than eating or drinking establishments-including conference and meeting rooms, business centers, retail services such as newsstands and gift shops, and similar uses. Such uses may have a patron entrance from outside the principal building.
. . .
STAFF ANALYSIS
The proposed text amendment seeks to permit “hotel or motel” as a use permitted by right within the B-2 (Community Business) Zoning District. The use is currently permitted by “Special Exception.” The Applicant, Rahil Sanghvi, is the manager of ACG PB LLC which owns property in Pompano Beach (872 E McNab Road). The Applicant sought approval of a special exception by the Zoning Board of Appeals (ZBA) to operate a Hotel or Motel (P&Z: 23-17000001). The ZBA found that the Applicant did not demonstrate competent substantial evidence to satisfy the granting of the application, and was denied at the hearing held on April 20, 2023. Following the rejection, the Applicant filed the request to amend the zoning code to allow the use by right throughout the City in this zoning district.
Today’s current Code allows other visitor accommodation uses in this zoning district (B-2), but not a Hotel or Motel. The other uses are a “Condo Hotel,” and “Bed and Breakfast Inn.” A map identifying the areas of the City with the B-2 zoning has been included with the back-up. If approved by the City Commission, the text amendment would allow this use as a permitted by right in areas within this zoning district (B-2).
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
…
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.
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.