boardname
PLANNING AND ZONING BOARD
Meeting Date: JULY 27, 2022
title
3100 W. ATLANTIC BLVD REZONING
projectinfo
Request: Rezoning
P&Z# 22-13000005
Owner: 3100 W. Atlantic Inc.
Project Location: 3100 W. Atlantic Blvd
Folio Number: 484232000143; 484233370010
Land Use Designation: OR (Open Space Recreation)
Zoning District: PR (Parks and Recreation)
Commission District: 5 (Cyndy Floyd)
Agent: Amanda Martinez (amartinez@dmbblaw.com)
Project Planner: Jean Dolan (954-786-4045 / jean.dolan@copbfl.com)
otherinfo
APPLICANT’S REQUEST
The applicant is requesting to rezone the property at 3100 West Atlantic Boulevard in Palm Aire from Open Space/Recreation (OR) to Commercial Recreation (CR) to build an indoor tennis/pickleball facility and clubhouse. The Applicant is concurrently processing a change to the Land Use Plan to change the land use designation to Commercial Recreation (CR) from its current Open Space Recreation (OR) Designation The Broward County land use plan already has the site designated “Commercial Recreation” so no concurrent County land use plan amendment is required.
SITE-SPECIFIC ZONING MAP AMENDMENT (REZONING) REVIEW STANDARDS
In determining whether to adopt or deny a proposed Zoning Map Amendment, the City shall weigh the relevance of information submitted by the applicant and consider the extent to which the proposed amendment is consistent with the Future Land Use Category and any applicable goals, objectives and policies of the Comprehensive Plan. Accordingly, the review criteria for a Site Specific Rezoning Application is as follows:
Section 155.2404.C, Site-Specific Zoning Map Amendment Review Standards
1. The applicant has provided, as part of the record of the public hearing on the application, competent substantial evidence that the proposed amendment:
a. Is consistent with the Future Land Use Category and any applicable goals, objectives, and policies of the comprehensive plan and all other applicable city-adopted plans.
A. The following policies of the Comprehensive Plan have been identified as pertinent to this rezoning:
Policy 01.01.02
Review all proposals for development or redevelopment and base the approval of same on the continued maintenance of all adopted Level of Service Standards which may be adjusted over time to address the impacts of sea level rise and climate change.
Policy 01.03.04
Consider the preservation of established single family neighborhoods in all rezonings, land use plan amendments and site plan approvals.
Policy 01.03.11
Consider the compatibility of adjacent land uses in all Land Use Plan amendments and rezonings.
Policy 01.06.01
Consider and minimize the impacts that land use amendments, rezonings or site plan approvals have on natural resources, including wetlands, and culturally, historically, archaeologically and paleontologically significant resources.
Policy 01.06.12
Review all land use plan map amendments, rezonings and site plan applications to ensure that there is sufficient wastewater collection and treatment facilities, potable water resources available and if reuse water is available, require it be used, and that they pose no noxious impacts to the Biscayne Aquifer.
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 man-made resources.
B. Findings of Fact. Development Services Department Staff submits the following factual information which is relevant to this Rezoning Application:
1. The Land Use Designation is currently Open Space / Recreation (OR) but approval of the concurrent local land use plan amendment to Commercial Recreation (CR) to match the County’s land use plan, will allow for the proposed rezoning.
2. The rezoning was reviewed by the DRC on June 1, 2022.
3. The property is located north of the Pompano Canal between the Turnpike and NW 27th Avenue on West Atlantic Boulevard.
4. The subject property to be rezoned is 6.6 net acres.
5. The property is not platted.
6. The existing land use and zoning designations of adjacent properties are as follows:
EXISTING AND PLANNED USE OF ADJACENT AREAS
|
Land Use |
Site |
North |
South |
East |
West |
|
Future Land Use Map Designation |
Open Space Recreation (OR) |
Medium 16 Residential |
Water |
Commercial |
Canal ROW / Water |
|
Existing Uses |
Vacant (once portion of golf course) |
Multi-Family and SF residential PUD |
Pompano Canal |
Vacant |
Pompano Canal |
C. Analysis
As a criteria for rezoning, the Applicant must provide competent, substantial evidence that the proposed amendment is consistent with the Future Land Use Category and any applicable goals, objectives, and policies of the comprehensive plan and all other applicable city-adopted plans.
The policies in the Comprehensive Plan relevant to this rezoning request are provided in Section ‘A’ of this report. These policies generally require: rezoning consistent with the land use designation; compatibility with adjacent properties, and adequate public facilities and service capacity to accommodate the demands of the project.
It is Staff’s conclusion that the CR rezoning will be in conformance with the land use designation when the concurrent land use plan amendment application changing the underlying land use to Commercial Recreation is approved. Broward County already has the site designated as Commercial Recreation (since it was formerly a golf course) so no change to the County Land Use Plan is necessary.
There is mass transit service to the site.
Staff finds there is substantial evidence to support this request.
Department Recommendation
Given the information provided to the Board, as the finder of fact, the Development Services Department provides the following recommendation, and alternative motions, which may be revised or modified at the Board’s discretion.
Alternative Motion I
Recommend approval of the rezoning request as the Board finds the rezoning application is consistent with the aforementioned pertinent Future Land Use goals and policies assuming the Commercial Recreation land use designation is approved for the property.
Alternative Motion II
Table this application for additional information as requested by the Board.
Alternative Motion III
Recommend denial as the Board finds that the request is not consistent with the Future Land Use Goals and Policies listed in Section ‘A’ of this report.
Staff recommends alternative motion number I.