boardname
PLANNING AND ZONING BOARD
Meeting Date: MAY 22, 2024
title
101 S OCEAN BLVD REZONING
projectinfo
Request: Rezoning
P&Z# 23-13000002
Owner: Claridge Homes 101 Hotel LP
Project Location: 101 S Ocean Blvd
Folio Number: 494306060690
Land Use Designation: C (Commercial)
Zoning District: B-2 (Community Business)
Commission District: 1 (Andrea McGee)
Agent: Andrew Schein (954-617-8919 / aschein@lochrielaw.com)
Project Planner: Jean Dolan (954-786-4045 / jean.dolan@copbfl.com)
otherinfo
APPLICANT’S REQUEST
This is a rezoning request for a 0.77-acre site at 101 South Ocean Boulevard which is on the southwest corner of A1A and SE 1st Street. The rezoning is from B-2/AOD (Community Business in the Atlantic Blvd Overlay District) to B-3/AOD (General Business in the Atlantic Blvd Overlay District). The Applicant is proposing a 220-room hotel with a 178-foot building height per the major site plan being reviewed concurrent with the proposed rezoning.
The subject property, currently zoned B-2, is immediately adjacent to B-3 zoning on both the north and west. Both of these existing B-3 properties were rezoned from B-2 in 2006 (Ordinances 2006-43 and 2006-44) and currently have approved site plans for the projects known as Atlantic 3350 (210’ mixed use bldg - Residential and Hotel) and Pure Residence (205’ Condo Hotel bldg). The 2006 rezoning of these two blocks results in the subject property being an isolated B-2 outparcel which given its location fronting on A1A appears out of context. The subject B-2 parcel is also immediately adjacent to an RM-45 HR zoning district (two, 260’ +/- residential bldgs) to the east which further supports a more intensive zoning on the subject site.
The rezoning from B-2/AOD to B-3/AOD increases lot coverage of the future development from 45% to 60% thus allowing for a horizontally larger building than is possible under the B-2/AOD zoning. Both of these zoning districts allow for the same building height. The AOD allows hotel uses in all Commercial land use districts regardless of zoning and provides incentives for the hotel use (such as 210-foot building height if using a Tower Building type).
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. Along with general policies requiring the availability of public services and facilities (water and wastewater), the following policies of the Comprehensive Plan that are generally considered when reviewing a rezoning request:
Policy 01.03.12
The following criteria may be used in evaluating rezoning requests:
A. Density;
B. Design;
C. Distance to similar development;
D. Existing adjoining uses;
E. Proposed adjoining uses;
F. Readiness for redevelopment of surrounding uses; and.
G. Proximity to mass transit.
Policy 01.08.01
Follow the recommendation of the Community Redevelopment Plans 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.
Policies to Encourage Hotel Development:
Policy 01.03.10
Support and promote hotels, motels and other tourist accommodations in designated residential, commercial and commercial recreation land use designations.
Policy 01.07.13
Through ongoing updates to the land development regulations provide incentives for hotel development.
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 Commercial which allows for the rezoning to B-3.
2. The rezoning was reviewed by the DRC on November 1, 2023.
3. The property is located at 101 South Ocean Boulevard.
4. The subject property to be rezoned is 0.77 acres.
5. The property is platted.
6. The existing land use and zoning designations of adjacent properties are as follows:
LAND USE, ZONING AND CURRENT USES OF ADJACENT AREAS
|
|
Site |
North |
South |
East |
West |
|
Future Land Use and Zoning |
Commercial B-2/AOD |
Commercial B-3/AOD |
MH-25 RM 30 |
H-46 RM-45 HR |
Commercial B-3/AOD |
|
Existing Uses |
Bank of America (Closed) |
Walgreens Rayvan Bldg (Approved Atlantic 3350) |
Townhomes Motel |
Twin tower High Rise - Pompano Beach Club Condo Bldgs |
Vacant (Approved Pure Residence) |
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 Comprehensive Plan does support the development of hotel uses. Though there is no guarantee the future use will stay hotel once rezoned to B-3, the fact that the major site plan is being approved concurrent with the rezoning provides some assurance that the hotel use is the most likely to be developed in the near term.
The area is being planned for development at a B-3 level intensity with incentives for certain uses provided in the AOD zoning intended to attract higher intensity development to the beach CRA district.
Staff finds there is substantial evidence to support this request in this location.
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.
(1) Motion to recommend approval of the proposed rezoning as the Board finds it to be compatible with the Commercial Future Land Use Category and the Goals, Objectives and Policies in the Comprehensive Plan.
(2) Motion to table the proposed rezoning to allow further analysis of any issues raised by the Board, Staff, Applicant or the general public.
Staff recommends motion number (1).