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PLANNING AND ZONING BOARD
Meeting Date: JANUARY 26,2022
title
TEXT AMENDMENT COMMERCIAL MIXED-USE CORRIDORS
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Request: Text Amendment
P&Z# N/A
Owner: N/A
Project Location: N/A
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Land Use Designation: N/A
Zoning District: N/A
Commission District: N/A
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Project Planner: Max Wemyss (954-786-4671 / max.wemyss@copbfl.com)
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Summary:
At the February 24, 2021 Planning and Zoning Board meeting Chair Fred Stacer began a discussion related to the City’s interest in beautifying the Dixie Hwy Corridor. Following the city’s investment in the roadway itself through the GO Bond program, Mr. Stacer provided that the expectation of quality design from new development should increase. These discussions kicked off an initiative that evolved into an Economic Development Council (EDC) led Dixie Highway Task Force. This task force adopted the goal of encouraging mixed-income and mixed-use development along the corridor. Opportunities such as the Broward County affordable housing incentive policies (Policies 2.16.3 and 2.16.4, described below) and the City’s Mixed-Income Housing Policy (Resolution 2022-46, described below) became critical to the approach of the Task Force. The result of this initiative is a recommended text amendment to the City’s Code of Ordinances to incentivize quality designed mixed-use, mixed-income developments along applicable corridors.
Broward County Affordable Housing Incentive Policies
Additional residential entitlements are made possible by the Broward County’s recent policy changes related to affordable housing.
Broward County Policy 2.16.3 (Exhibit “A”) allows additional density in residential land use categories when affordable housing is included. A summary of policy is provided below:
• Allows additional density in residential land use categories for projects that include affordable housing up to 50% of land use density or 100% of land use density if very low and low income units are provided as follows:
• 19 bonus units for every very low income unit (5% very low income project);
• 9 bonus units for low income unit (10% low income project);
• 6 bonus units for every moderate income unit (14.3% moderate income project);
• The affordable housing must be deed restricted for 30 years;
• This policy can be applied everywhere, even on the Barrier Island.
Broward County Policy 2.16.4 (Exhibit “B”) allows unlimited density (which is actually limited by the zoning district) in “Commerce” and “Activity Center” land use categories for projects on State Roads or County Arterials (see map) west of the Intracoastal that include affordable housing using the same density bonuses as in policy 2.16.3:
• 19 bonus units for every very low income unit (5%);
• 9 bonus units for every low income unit (10%);
• 6 bonus units for every moderate income unit (14.3%).
• 10% of gross floor (excluding parking garage) must be office or retail which is not accessory to the residential use
• Buyout of the affordable requirement is $42,876 for EVERY UNIT built (City gets half of this amount and County gets the other half)
• Deed Restricted for 30-years
Density limited by Zoning (not included in policy but it is the limiting factor). Our B-3 commercial zoning district limits density in Commercial land use to 46 units per acre.
Mixed Income Housing Policy - Resolution 2022-46
The proposed text amendments are required to implement the City’s Mixed Income Housing Policy, which was adopted on December 14, 2021, by Resolution 2022-46 (Exhibit “C”). The Mixed Income Housing Policy was based on the findings and data of a 2017 Housing Study, a 2021 Update to the Housing Study, and the data on which both studies are based, together with the County’s policies contained in Broward Next. As noted in the 2021 Housing Study Update, Pompano Beach is the third highest municipality in terms of proportionate share of total income restricted units to non-restricted units and Pompano has the highest total number of income-restricted housing units in the entire County, even greater than Fort Lauderdale which has twice as many total housing units as compared to Pompano. The purpose of the City’s Housing Policy is to encourage affordable housing as well as provide for relief from the adverse impacts of the concentration of income restricted housing within the City.
The policy directs staff to prepare appropriate legislation to implement Broward County Policy 2.16.4 pursuant to Section 2.16.4(10) which allows the City to adopt additional restrictions. The policy specifies that on Dixie Highway (throughout the city limits) and Powerline Road (between Atlantic Boulevard and NW 15th Street), non-accessory commercial uses are required on the ground floor of any development and residential housing shall contain a minimum of 80% non-income restricted units. To incentivize the use of this more restrictive policy, the City shall offer a 50% bonus on the density allowed in the applicable zoning category, which is primarily B-3. This zoning district allows 46 du/ac, which will be increased to 69 du/acre. The policy further specifies that for all other applicable commercial corridors, the City will apply County policies 2.16.3 and 2.16.4 as written without restrictions on income mixing. The City shall adopt design guidelines for all projects taking advantage of the Broward County policies 2.16.3 and 2.16.4.
Dixie Highway Task Force
The Dixie Highway Task Force is a committee assembled by EDC Chair Tom DiGiorgio. The first meeting of the task force occurred on July 6, 2021 where Planning and Zoning Board Chair Fred Stacer was appointed Chair of the Task Force. The Task Force met five times to establish a goal of creating mixed-income / mixed-use regulations for application along Dixie Highway. In the end, the approach determined for Dixie Highway is proposed for all applicable corridors, with additional requirements and incentives in those areas where deconcentration of poverty has been identified as a priority.
Dixie Highway Task Force Members
EDC Members: Staff Members: Meetings:
Chair Fred Stacer Earl Bosworth July 6, 2021 Kickoff
Tom DiGiorgio Jr. Brian Donovan July 27, 2021
Kim Briesemeister David Recor August 10, 2021
Jay Ghanem Jennifer Gomez August 24, 2021
Joe Usman Jean Dolan September 21, 2021
Whitney Rawls Max Wemyss
Bill Gallo Nguyen Tran
Gerry Stryker Chris Clemens
Chris Metzger
Proposed Text Amendments
The complete strikethrough and underline format of the proposed text amendments are provided in Exhibit “D”.
General Approach
1. Allow for residential entitlements using the Broward County affordable housing policies as well as Flexibility and Redevelopment Units.
2. Adopt specific standards for implementing Broward County policies 2.16.3 and 2.16.4 and Flexibility and Redevelopment Units.
a. Include requirements for Dixie Highway and North Powerline Rd. and areas within a half-mile of an existing subsidized project
b. The other standards can then be applied to any property on any eligible corridor.
Regulation Summary
1. Height transitions / Density Clustering.
All developments greater than 35’ in height must result in an effective transition of heights from abutting low-density residential (20 units per acre or less) development to the tallest portion of the development.
2. Reduced Floor Area Sizes.
Floor area minimums for all unit types are reduced to be consistent with the minimum requirements of mixed-use / high-density zoning districts
3. Increased lot coverage / reduced pervious area to enable development to take advantage of density bonuses while still accommodating other development constraints, i.e., landscaping, parking, stormwater management, etc.
4. Modified setbacks and building placement to create a consistent building line along active pedestrian friendly corridors.
5. Additional standards for commercial/ residential mixed use.
a. Vertically integrated retail required
b. Limited commercial uses (restaurants, office, retail)
c. Access and circulation standards
6. Dixie Highway and North Powerline Road (Atlantic Blvd to NW 15th Street).
a. 80% non-income restricted required
b. 50% zoning density bonus
7. Within ½ mile of income-restricted housing - Must include 50% unrestricted
Amended standards
1. Commercial design standards for industrial uses within a commercial zoning districts - All mixed-use and non-residential development within a commercial zoning district, regardless of its use classification (commercial, institutional, industrial, mixed-use) are required to follow the commercial design standards. Now a warehouse within a B-4 zoning district will be required to follow commercial design standards rather than industrial design standards.
2. Additional parking garage standards - Non-active facades along an interior property line and visible from neighboring active facades must provide either a landscape buffer or architectural treatments.
Flexibility Unit and Redevelopment Unit Changes:
1. Dixie Highway and North Powerline Road - Must include 80% unrestricted
2. Within ½ mile of income-restricted housing - Must include 50% unrestricted
3. Projects that meet the above are eligible for 50% zoning density incentive if they provide mixed-use
4. All other areas - continue to provide 15% affordable or payment of in-lieu of fee for every flex or redevelopment unit
5. Changes to commitments or conditions of resolution must be re-reviewed by City Commission
Conclusion:
The proposed text amendment is intended to implement the requirements of the Mixed Income Housing Policy. As mentioned, the text amendments are the result of a collaborative effort between the Planning and Zoning Board and the Dixie Highway Task Force established by the Economic Development Council.
Staff recommends approval.