boardname
PLANNING AND ZONING BOARD
Meeting Date: FEBRUARY 28, 2024
title
LIVE! INDIGO POMPANO BEACH
projectinfo
Request: Major Site Plan
P&Z# 23-12000039
Owner: Pompano Park JV Land Holding LLC
Project Location: 777 Isle of Capri Circle
Folio Number: 494203410030
Land Use Designation: RAC (Regional Activity Center)
Zoning District: PCD (Planned Commercial/Industrial District)
Commission District: 5 (Barry Moss)
Agent: Michael Amodio (954-788-3400 / mamodio@keithteam.com)
Project Planner: Max Wemyss (954-786-4671 / max.wemyss@copbfl.com)
otherinfo
Summary:
The applicant is requesting Major Site Plan approval in order to construct nine (9) Multi-Family Buildings providing 423 residential units varying from studio, 1-bed, 2-bed, and 3-bed unit layouts, totaling 524,979 gross building square feet. Three separate building types of varying building heights between 2-story and 5-story are proposed. The site also features (6) ancillary 1-story garage-bay structures, a centralized clubhouse and amenity areas for passive green space, a recreational court, and pool and an accessory structure that includes a dog wash, trash room, storage.
The total footprint of all buildings is 123,615 square feet on a 556,880 square foot (12.78 acre) site. The site area is part of a 222-acre Planned Development that is partially developed. The total lot coverage of the overall Planned Development is 22.2%. The property has a Regional Activity Center (RAC) land use designation and a Zoning designation of Planned Commercial Development (PCD), which permits the residential use. The site plan was reviewed by the Development Review Committee most recently on January, 3 2024 and is scheduled to be re-heard by the Architectural Appearance Committee on March 5, 2024.
The subject property is located on the southwest corner of the Live! Resorts PCD framed by Powerline Road, and private roadways known as Loop Road, Main Street, and a new private roadway.
- The district was rezoned to a Planned Commercial Development with an adopted master plan in 2020 (Ordinance 2021-02). The following are ongoing/active developments consistent with the master plan:
- A Future Golf Facility (21-12000046) now known as Top Golf was approved on July 14, 2022 and is now open to the public.
- The Industrial Site Plan development (23-12000013) approved in August of 2023 and is in process of submitting building permits.
- The NW Corner Retail Site Plan (21-12000045) was approved in June of 2022 and has building permits in for review.
- The Casino expansions are nearly complete Smoking Terrace, Building Addition and the Rear Deck Enclosure. The Parking Garage (20-12000004) is also complete.
- There are three projects for the internal roadway improvements (Lucky Lane, Palm Aire Drive, Loop Road), which under construction.
- The Live Venue (22-12000036) was approved in May of 2023 and has building permits in for review.
Site Plan Review Standards:
An application for a Major Site Plan or Minor Site Plan shall be approved only on a finding that there is competent substantial evidence in the record that the development, as proposed:
1. Is consistent with the land use designation in the comprehensive plan;
The property has a Regional Activity Center (RAC) land use designation and a Zoning designation of Planned Commercial Development (PCD), which permit the proposed multifamily residential units. The Development is consistent with the City of Pompano Beach Comprehensive Plan, and the Future Land Use Element Goals, Objectives and Policies contained therein:
Goal 01.00.00
The attainment of a living environment which provides the maximum physical, economic and social well-being for the City and its residents through the thoughtful and planned use and control of the natural and man-made environments that discourages urban sprawl, is energy efficient and reduces greenhouse gas emissions.
Policy 01.14.01
The City shall emphasize re-development and infill, which concentrates the growth and intensifies the land uses consistent with the availability of existing urban services and infrastructure in order to conserve natural and manmade resources.
Policy 01.14.02
The City will encourage and implement the use of compact building design principles which preserve more open space, contain mixed use, support multi-modal transportation options, make public transportation viable, reduce infrastructure costs and take advantage of recycled and sustainably sourced building materials.
Policy 01.14.07
All site plans will be reviewed for Crime Prevention Through Environmental Design (CPTED) design principles such as lighting, street design, natural surveillance, natural access control, and territorial reinforcement. CPTED infrastructure such as security lighting, security cameras, bollards, and other access control methods will be required based on the specific needs of the project.
Objective 01.15.00 - Regional Activity Center
The Regional Activity Center Land Use Category encourages attractive and functional mixed living, working, shopping, education, and recreational activities.
Policy 01.15.01
The Planned Development Land Development Regulations shall provide the zoning district that facilitates attractive and functional mixed living, working, shopping, education, and recreational activities for application to Regional Activity Centers.
Policy 01.15.12
The City shall maintain design standards within its land development regulations to ensure compatibility between existing and planned land uses within and adjacent to Regional Activity Centers.
2. Complies with the applicable district, use, and intensity and dimensional standards of this Code (Articles 3, 4, and 5);
Article 3: Zoning Districts
The proposed development complies with the standards for the development within the PCD Zoning Districts as established by Ordinance 2020-02.
Article 4: Use Standards
The development proposes multifamily residential units and amenities that comply with the use specific standards in Article 4: Use Standards and is consistent with the uses as permitted by the PCD.
Article 5: Development Standards
See section 3 below. Development Standards may be modified by the PCD Ordinance.
3. Complies with the applicable development standards of this Code (Article 5);
The DRC and project applicant have worked together to present a project that nearly satisfies the requirements of Article 5, as amended by the PCD standards, for new development requiring Major Site Plan approval. The project does not currently meet the design standards required by Article 5, as amended by the PCD standards. The project provides the minimum 10 Sustainable Development Points required by Article 5. The project has requested the approval of superior design alternatives from the Architectural Appearance Committee:
§155.5602.C.4b: Building tops shall include two or more of the following features:
i. Three-dimensional cornice treatments with integrally-textured materials such as stone or other masonry or differently colored materials;
ii. Sloping roofs with overhangs and brackets;
iii. Stepped parapets; or
iv. Aligned openings and articulations.
The elevations of the multistory buildings do not include a stepped parapet.
The project’s Building Design and requested Superior Design Alternative will be reviewed by the Architectural Appearance Committee (AAC) on March 5, 2024, following a request to resubmit at the February 2024 meeting.
Additionally, the applicant is using unified PCD parking provided to meet the minimum number of parking spaces required by this application. This includes, in addition to the on-site parking provided, the abutting on-street parking spaces as well surface parking lots or garages within the PCD (existing or proposed).
4. Complies with all other applicable standards in this Code;
The proposed site plan is in compliance with all other applicable standards of this Code.
5. Complies with all requirements or conditions of any prior applicable development orders or prior applicable approved plans on record.
There is no prior development order commitments or conflicting plans of record for the subject property.
6. The concurrency review has been completed in accordance with Chapter 154 (Planning) of the Code of Ordinances;
Based on the calculations below, the proposed project complies with concurrency requirements.
Wastewater Treatment Demand 104,250 gallons per day *
Water Treatment Demand 123,640.50 gallons per day *
Raw Water Demand 133,531.74 gallons per day *
Park Acreage Required 2.84 acres
School Impacts School impacts are evaluated by the Broward County School District. A Final SCAD letter to be provided.
Transportation Transit fees paid to the Broward County to meet concurrency
Solid Waste Generation 3,711.30 lbs/day (City has a contract with the Waste Management for disposal of all solid waste through 2033)
* The City has adequate capacity to serve the proposed project.
7. Is designed to provide safe, adequate, paved vehicular access between buildings within the development and streets as identified on the Broward County Trafficways Plan;
The development is located abutting Powerline Road, a street identified on the Broward County Trafficways Plan. The project is designed to provide safe, adequate, and paved vehicular access from this street. via internal roadways that connect with Powerline Rd and Racetrack Rd. The master site developer of the PCD is in the process of completing the circulation throughout the PCD including the abutting
private roadways.
8. Complies with any applicable hazardous material licensing requirements in the Broward County Wellfield Protection Ordinance;
The Property is not located within a wellfield protection area. The Development does not anticipate requiring any hazardous material licensing.
9. Complies with crime prevention security strengthening and CPTED standards for natural surveillance, natural access control, territorial reinforcement, maintenance and activity support;
As part of the Major Site plan and Building Design application, the applicant has developed a separate CPTED security plan, which addresses the CPTED standards for natural surveillance, natural access control, territorial reinforcement, maintenance and activity support.
10. Complies with adopted Fire Codes and Standards per City Code Section 95.02.
The proposed site plan was reviewed by a Fire Plans Examiner during DRC and will be required to meet all applicable standards before building permits are approved.
11. Considers and mitigates any potential adverse impacts on environmentally sensitive lands identified by the City Comprehensive Plan or Broward County Land Use Plan.
The proposed development is not within an area that will have impact on environmentally sensitive lands as defined in the Broward County Land Use Plan.
12. Complies with the approved Transportation Corridor Study, unless in direct conflict with another Zoning code provision.
The proposed development is not located within the areas proposed as part of the approved Transportation Corridor Study.
DEPARTMENT RECOMMENDATION
Pursuant to §155.2304.C, Applications Subject to Staff Recommendation, the Development Services Director has compiled the department reports from the Development Review Committee (DRC) meeting which are recorded on file with the Department of Development Services. Should the Board find that the application has provided competent, substantial evidence to satisfy the review standards for Major Site Plan approval, the Development Services Department recommends approval of the Major Site Plan subject to the following comments and conditions:
1. The PCD requires a 10’ minimum buffer along Powerline Road and a 50’ Buffer along the Southern Boundary of the PCD. This site plan proposes development within “Development Area A” identified in the PCD. The buffer within Development Area A, where abutting the subject site plan shall be installed prior to issuance of the first Certificate of Occupancy or completed by December 31, 2024, whichever comes first.
2. The private road along the north boundary of the proposed development is a separate scope of work. This road is required for access to the site and must be completed prior to CO issuance.
3. Obtain a Superior Design Alternative from the Architectural Appearance Committee in satisfaction of the requirements of Section 155.5602.c.4 [Base, Middle, and Top], enhance the “tops” of buildings of three or more stories to include two or more of the following features:
a. Three-dimensional cornice treatments with integrally-textured materials such as stone or other masonry or differently colored materials;
b. Sloping roofs with overhangs and brackets;
c. Stepped parapets; or
d. Aligned openings and articulations.
4. Provide details and elevations for all perimeter fences or wall and the access gates.
5. Standard Conditions of Approval and/or Specifications required prior to Building Permit / Zoning Compliance Permit issuance:
a. The RAC Land Use requires that 15% of the total number of units will need to be reserved as “Affordable” units or the Developer may provide a fee-in-lieu for every unit. The units may be reserved by declaration or the fee of $2,333 for every unit may be paid to the City’s Affordable Housing Trust fund.
b. Park Impact Fee to be assessed at time of Building Permit Approval.
c. The applicant shall provide evidence of compliance for the points used for the Sustainability Narrative as submitted to the DRC by time of building permit approval in accordance with Table 155.5802: Sustainable Development Options and Points.
d. Plans are subject to compliance with all applicable Code requirements, including but not limited to DRC comments issued for this site plan.
e. Landscape and Irrigation Plans must comply with all Zoning Code requirements as verified by the City’s Urban Forestry Division.
f. A copy of the CPTED plan approved by the Broward Sheriff’s Office must be submitted for Zoning Compliance Permit approval.