boardname
PLANNING AND ZONING BOARD
Meeting Date: JULY 27, 2022
title
FIBERBUILT UMBRELLAS & CUSHIONS COMMERCIAL FLEX
projectinfo
Request: Commercial Flex
P&Z# 22-05000001
Owner: 2201, LLC.
Project Location: 6 Residential lots north of 2201 W. Atlantic Boulevard
Folio Number: Multiple Folios
Land Use Designation: LM (Low-Medium 10 DU/AC)
Zoning District: RM-12 (Multiple-Family Residential-12)
Commission District: 4 (Beverly Perkins)
Agent: John Tice (954-794-0300)
Project Planner: Jean Dolan (954-786-4045 / jean.dolan@copbfl.com)
otherinfo
Request
The Applicant, 2201 LLC, is requesting the application of commercial flexibility on 6 lots north of and contiguous to 2201 West Atlantic Boulevard, a commercial property that also had previously been allocated commercial flexibility. The underlying land use on all 6 lots is Low-Medium Residential. The allocation of commercial flexibility will allow a commercial use in the LM 10 land use designation and a concurrent rezoning to B-3 so it can be developed as an additional building associated with the existing Design Center at 2201 W. Atlantic Boulevard.
Rationale for the Commercial Flexibility Request
The City has 272.64 acres of commercial flexibility available. This request is for approximately 1.1 acres of commercial flexibility and therefore can be accommodated. Ordinance 84-58 applied commercial flexibility to 2201 West Atlantic Boulevard and rezoned it from RM-12 to B-3. That process effectively landlocked the eastern 5 of the 6 residential lots because road access was not required to be granted from the 2201 property as part of that development approval. Given the past history of commercial flex on this property and the difficulty developing the 6 residential lots as anything other than part of the 2201 property due to access constraints, this is a reasonable approach to developing this area.
Surrounding Land Uses
The future land use designation, zoning districts and existing uses of the properties immediately surrounding the subject property are summarized as follows:
EXISTING AND PLANNED USE OF ADJACENT AREAS
Land Use/Zoning |
Site |
North |
South |
East |
West |
City Future Land Use Map and Zoning Designation |
LM 10 land use and RM 12 zoning |
LM 10 land use and RM 12 zoning |
LM 10 (with Commercial Flex) land use, B-3 zoning |
Commercial land use and B-3 Zoning |
Community Facility (City land use); LM 10 (County Land use) and Community Facility Zoning |
Existing Uses |
Vacant except the eastern lot which is a parking lot. |
Single Family Homes |
Commercial Building (Design Center) |
Commercial Building (Showroom / Warehouse) |
U.S. Post Office |
Commercial Flexibility Review Standards
An application for Commercial Flexibility shall only be submitted to City Commission for consideration if the request meets the following review standards found in Section 154.61(D):
(1) Consistency with applicable goals, objectives and policies of the City's Comprehensive Plan and this chapter (Chapter 154).
(2) The nonresidential development within the residential land use designation will produce a reasonable development pattern. The criteria for reasonableness shall include compatibility of adjacent land uses.
The following Comprehensive Plan Goals, Objectives and Policies are applicable to this Application:
Policy 01.03.04
Consider the preservation of established single family neighborhoods in all rezonings, land use plan amendments and site plan approvals.
Policy 01.03.06
Consider density and intensity revisions with an emphasis on minimal negative impacts to existing residential areas, particularly single family areas.
Policy 01.03.07
Require the provision of building height transitions and decorative structural or vegetative buffers between different density residential land uses, and residential and non-residential land uses.
Policy 01.03.08
Establish criteria to protect residential areas and other land uses that are adjacent to industrial and commercial areas from excessive, odors, traffic and parking impacts.
Policy 01.03.11
Consider the compatibility of adjacent land uses in all Land Use Plan amendments and rezonings.
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.
Recommendation
Given the information provided to the Board, staff provides the following alternative motions, which may be revised or modified at the Board’s discretion.
Alternative Motion I
Approval of the requested Commercial Flexibility with the following conditions:
(1) Prior to being placed on a City Commission agenda, the Applicant will include the required Type C buffer on the north property line adjacent to the existing single-family homes and correct the setback measurements on the conceptual site plan.
(2) Prior to being placed on a City Commission agenda, the Applicant will submit Unity of Title documents to unify all of the individual lots with 2201 West Atlantic Boulevard.
(3) Prior to site plan approval, the Applicant will need to submit for an abandonment of the existing 25’ access easement along the north property line of the area subject to the commercial flexibility.
Alternative Motion II
Table this application for additional information as requested by the Board.
Alternative Motion III
Denial of the Commercial Flexibility as the Board finds it is not consistent with the goals, objectives and policies of the Comprehensive Plan.
Staff recommends Alternative Motion I.