boardname
PLANNING AND ZONING BOARD
Meeting Date: SEPTEMBER 24, 2026
title
MODERA REZONING
projectinfo
Request: Rezoning
P&Z# 25-13000002
Owner: Pompano Real Estate Investments LLC
Project Location: 855 S Federal Highway
Folio Number: 494306490010
Land Use Designation: C (Commercial)
Zoning District: B-3 (General Business)
Commission District: 1 (Audrey Fesik)
Agent: Christina Bilenki
Project Planner: Max Wemyss (954-786-4671 / max.wemyss@copbfl.com)
otherinfo
The applicant is requesting to rezone the northern portion of the auto dealer property located at 855 S Federal Hwy from B-3 (General Business) to PD-I (Planned Development - Infill). The portion of the property being rezoned is the northern 4.07 Net Acres and it is proposed to be redeveloped with 347 multifamily residential units and 10,400 square feet of commercial/retail space in accordance with the Planned Development Master Plan. The southern portion of the existing property is proposed to remain as an auto dealer and is not a subject of this rezoning as it will become a separate parcel. The general location of the proposed rezoning is north of SE 9 Street on the west side of South Federal Highway.
The applicant is using Broward County Policy 2.16.4 to obtain the residential density permitted by the Commercial underlying Land Use. The Policy authorizes municipalities to provide new developments with 6 bonus, market-rate units for each 1 “moderate income” unit the development proposes to provide. The Applicant is requesting 50 affordable units resulting in a by-right allocation of 297 bonus market rate units, for the total of 347 units.
The Planned Development - Infill District is intended to accommodate small-site infill (generally 5 acres or less) development within the city's already developed areas. The PD-I district is intended to provide the flexibility to enable high-quality, mixed-use development on relatively small sites, yet require design that ensures infill development is compatible with both surrounding existing development and available public infrastructure. PD-I districts are generally appropriate in most of the Land Use Plan's land use classifications, consistent with the adopted objectives and policies for the classification.
The rezoning of a property to a Planned Development includes the establishment of a Master Plan for the property. The Master Plan is functionally equivalent to a Site Plan in that it controls the development and design of the site by establishing the plan as the regulation for the property. The Master Plan demonstrates a new 8-story mixed-use building with 347 residential units and 10,400 SF of commercial space, along with the associated parking and landscape requirements. The development of this site must be consistent with this Master Plan.
Findings of Fact. Development Services Department Staff submits the following information, which is relevant to this Rezoning Application:
• The property is currently developed as an Auto Dealer and was constructed in 1965. The northern building was most recently renovated in 2013 following an approval of the change in the Building Design by the Architectural Appearance Committee in 2012.
• The existing B-3 (General Business) zoning regulation permits a building height of 105 feet, a lot coverage of 60%, and a density of 46 dwelling units per net acre (or 69 dwelling units per acre when using Broward County Affordability Policy 2.16.4).
• The proposed parcel is 5.24 gross acres and 4.07 net acres.
• A Planned Development allows a property to develop residential density based on any residential entitlements permitted by the Land Use. Commercial Land Use allows residential entitlements as permitted by Broward County’s Land Use Plan - typically a Flexibility/Redevelopment Unit Allocation or more recently via Policy 2.16.3 or 2.16.4.
• Broward County Policy 2.16.4 is used for mixed-use projects with a commercial underlying land use of any size and creates residential entitlements by right (no flexibility unit allocation required). The properties are required to provide an amount of nonresidential use based on their frontage. Residential entitlements are based on a formula of 6 bonus units per every one “moderate-income” (up to 120% AMI) unit, restricted to affordable for a period of at least 30 years. For this project, this results in 50 “moderate-income” units.
• Net Changes in Zoning Permissions
|
|
B-3 Zoning (2.16.4 Bonus Units) |
PD-I Zoning (2.16.4 Bonus Units) |
Net Change |
|
Residential Commercial |
Up to 280 Units Up to 1,063,735 Square Feet Commercial (assumes 60% lot coverage and 10 floors) |
347 Units 10,400 Square Feet Commercial (44.6% lot coverage and 8 floors) |
+67 Units -1,053,335 Square Feet Commercial |
• This proposed PD-I rezoning was reviewed by the Development Review Committee on October 8, 2025, April 1, 2026, and June 3, 2026. The analysis within this document is based on documents received for the Planning and Zoning Board submittal on August 18, 2026.
• Due to the reduction in intensity in permitted activity for the property, no traffic study was required. However, a traffic study has been provided. The study concludes that Levels of Service are maintained and that the project introduces no new deficiencies. Furthermore, the project complies with all access and circulation requirements of the zoning code. This project proposes no changes in Land Use Entitlements, so it does not automatically trigger a traffic study.
• The Zoning and uses of adjacent properties are:
|
Property |
Adjacent Property |
Zoning District |
Existing Use |
|
855 S Federal Hwy (west side of Federal Hwy, just north of SE 9 Street) |
North |
RM-30 |
Waterford Point Condo (12 Stories / 252 Units) |
|
|
South |
B-3 |
Auto Dealer / Auto-Oriented Uses |
|
|
East |
B-3 |
Commercial Uses (Gas Station / Restaurant / Marine Uses) across Federal Hwy |
|
|
West |
RS-2 (predominantly) and RM-20 |
Single-family and Cypress Islands Condos across canal. |
• The Planned Development is not seeking any relief or deviation from the standards of our general code or from what would otherwise be permitted in a B-3 Zoning District, with the exception of density.
• Should the rezoning be approved, a Site Plan application for the development authorized by the Planned Development is in review. This has also been reviewed and approved by the Development Review Committee and the Architectural Appearance Committee. Review by the Planning and Zoning Board, and Development Order authorization, will not occur until the Rezoning is approved by the City Commission.
• All existing mangroves, new mangroves, and existing native vegetation will remain in perpetuity, consistent with the required landscaping of Site Plan PZ# 25-12000028.
PLANNED DEVELOPMENT REVIEW STANDARDS
Review and approval of a Planned Development application shall be based on compliance with the review standards in Section 155.2404.C, Site-Specific Zoning Map Amendment Review Standards and the standards for the proposed type of PD district in Part 6 (Planned Development Zoning Districts) of Article 3: Zoning Districts.
§155.2404.C. Site-Specific Zoning Map Amendment Review Standards
Site-specific amendments to the Official Zoning Map (Rezoning) are a matter subject to quasi-judicial review by the City Commission and constitute the implementation of the general land use policies established in this Code and the comprehensive plan. In determining whether to adopt or deny a proposed Site-Specific Zoning Map Amendment, the city shall find that:
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;
The rezoning is consistent with the following Goals, Objectives & Policies (GOPs) in the Future Land Use Element of the City’s Comprehensive Plan.
Objective 01.04.00 - Major Corridor Land Use: Support and promote the intermix of residential and commercial uses along major traffic corridors.
Policy 01.04.01 - The Planning Department shall support and promote the intermix of residential and commercial uses along major traffic corridors, where mass transit is available, through the allocation of flex and redevelopment units and approval of land use plan map amendments allowing for mixed use and residential developments.
Policy 01.06.06 - Require permits for new development/redevelopment to include landscape plans for native vegetation, reestablishment or creation of tree canopy, and require the removal of exotic vegetation species.
Policy 01.07.17 - The Project complies with the height and lot coverage regulations noted in Policy 01.07.17 for parcels designated Commercial on the City’s future land use map.
Policy 01.07.18 - Continue to implement the incentives for providing affordable housing per the policies in the Broward County Land Use Plan and/or in the City’s land development regulations, including the use of density bonuses, flex and redevelopment units for affordable housing and the expedited permit review process for developments primarily aimed at providing affordable housing.
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 03.01.09 - The City will continue to use available density bonus programs provided in the County Land Use Plan to increase the supply of affordable housing, such as allowing residential development in the County’s Commerce land use category by right under certain conditions.
155.3602 General Standards for All Planned Development Districts
A. PD Plan
1. A statement of planning objectives for the district.
The applicant has provided the following statement in their PD Plan Documentation:
The Modera Pompano Planned Development (“Modera Pompano PD”) includes the development of an 8-story mixed-use building consisting of 347 residential units and +/- 10,400 square feet of commercial use. The residential units wrap the parking garage on all sides, and the commercial and active uses are located on the ground level facing Federal Highway in order to activate the street sidewalks and connect to the surrounding blocks, which promotes walkability and use of public transit, including the bus stop located within one thousand (1,000) feet of the Property. The proposed design incorporated ground-floor commercial uses, a residential lobby, amenity space for residents, administrative and leasing offices, and a central courtyard. Vehicular and loading access to the parking garage is accommodated internally, behind the west side of the commercial frontage. The Modera Pompano PD will also include substantial new landscaping to enhance the appearance of the property along the commercial frontage and perimeters of the Project, paying particular attention to the buffering along the west side of the existing canal.
The utilization of Broward County Policy 2.16.4 and rezoning the Modera Pompano PD to PD-I is necessary to obtain the density permitted by the underlying future land use designation. Broward County Policy 2.16.4, in an effort to incentivize development of more affordable housing, authorizes municipalities to provide new developments with 6 bonus, market-rate units for each 1 “moderate income” unit the development proposes to provide. Using this policy, Applicant is requesting 50 units that will be restricted to residents with an income level within the range of “moderate income” as defined by the County and City codes. This will allow for allocation of 297 bonus market rate units. Adding the market rate units and bonus units together equals a total unit count of 347 units.
2. Detailed description of the following for the entire PD district and for each development area
a. Dimensional Standards
The property is 4.07 net acres with a proposed 44.6% lot coverage, maximum height of 8-stories in up to 84’ and 20.5% pervious area. The dimensional standards for the PD-I are shown on Sheet A-001 Master Plan.
b. Modifications of Development Standards
No modifications from the Development Standards are requested with this plan development. See PD Plan Page 5 for further explanation of the Development Standards of the Planned Development.
c. Provisions addressing how transportation, potable water, wastewater, stormwater management, and other public facilities will be provided to accommodate the development.
This site is an infill redevelopment along Federal Hwy. The project will include improvements to the existing water mains and the addition of a private lift station. Further details are provided on PD Plan Page 7.
d. Environmental Monitoring
The only issue identified as an opportunity for this rezoning was mangrove preservation and preservation of the waterfront. The applicant has agreed to enhance the existing shoreline with native vegetation and mangroves that will be required to remain in perpetuity.
e. Identification of community benefits and amenities that will be provided to compensate for the added development flexibility afforded by the PD district.
PD Plan Page 8 outlines additional community benefits as identified by the applicant.
f. Development Phasing Plan
The development will not be phased.
g. Conversion Schedule
There is no conversion schedule associated with this PCD.
h. Any other provisions the City Commission determines are relevant and necessary to the development of the planned development in accordance with applicable standards and regulations.
The applicant must provide a declaration of restrictions for the required affordable housing.
3. Identify the general location of the following:
a. Individual development areas, identified by land use(s) and/or development density or intensity.
The Master Plan shows the site as one building to be developed in one phase. The master plan includes the uses of land as well as the dimensional and intensity standards.
b. Open space (whether designated for active or passive recreation), including amount and type.
The PD Plan includes the locations of open spaces that are accessible to the public (adjacent to commercial areas) and the residents (along the waterfront, as well as private resident amenity areas).
c. All public and private streets, existing or projected transit corridors, and pedestrian and bicycle pathways, and how they will connect with existing and planned city systems.
The Plan provides for a building abutting Federal Highway, with both pedestrian and vehicular access points. On-site parking and circulation are screened from the street to the greatest extent practical. The applicant will be required to record a cross-access easement between the subject property and the existing auto dealer property to the south.
d. Environmentally sensitive lands, wildlife habitat, wetlands, and floodplains.
There are no designated environmentally sensitive lands associated with this property. The property is adjacent to the canal and is proposing shoreline enhancements. The property will be required to maintain compliance with stormwater/surface water management permits to protect adjacent waterways and properties. The property is within a flood zone AE per the FEMA Flood Insurance Rate Map, so finished floor elevations will be a minimum of 8 ft NAVD, as of the writing of this report.
e. On-site potable water and wastewater facilities, and how they will connect to city systems.
The project will be served by a proposed water main enhancement and a private lift station. These have been conditionally approved by the Utilities Division through DRC Review.
f. On-site stormwater management facilities, and how they will connect to city systems.
On-Site Storm Drainage is proposed. The development will be required to comply with the County Surface Water Management Certification.
g. All other on-site public facilities serving the development, including but not limited to parks, schools, and facilities for fire protection, police protection, EMS, stormwater management, and solid waste management.
There are no significant on-site public facilities associated with the PD Master Plan.
4. Graphics demonstrating the following:
a. Projects with structures greater than 35 feet in height, the shadowing on adjacent properties at the following times: two hours after sunrise, noon, and two hours before sunset during the winter solstice, spring equinox, summer solstice, and fall equinox.
Provided as Exhibit D to the PD Plan Documentation (page 21).
b. The impacts to view corridors of any adjacent properties of natural resources, including but not limited to, beaches, shores, waterways, recreation spaces, and conservation spaces.
A rendering of the building across the canal from ground level, as well as a height study cross-section of the building adjacent to the canal, is provided in Exhibit C of the PD Plan Documentation (Page 19).
B. Consistency with City Plans
The PCD amendment is consistent with the City’s Future Land Use Plan and Transportation Corridors Master Plan, which calls for mixed-use redevelopment along Federal Highway.
C. Compatible with Surrounding Area
The PD proposes a project that is compatible with the multifamily and commercial character of Federal Highway. While multifamily heights are not equal to the heights permitted in the single-family district across the canal, this is an existing incompatibility - not just with the permissions of the subject property but with the existing Waterford Condo to the north and with the permissions of the commercial properties to the south. The applicant has provided a rationale in their documentation and a height and separation diagram in Exhibit C of the PD Plan.
D. Development Phasing Plan
Phasing is not proposed with this Planned Development.
E. Conversion Schedule
There is no conversion schedule associated with this PD.
F. Onsite Public Facilities
There are no significant onsite public facilities associated with this PD.
G. Uses
Permitted uses are included on Page 11 of the Plan Development documentation and are consistent with the residential multifamily and commercial/retail character of the development.
H. Densities/Intensities
See Sheet A-001 Master Plan for the Intensities and Dimensional standards associated with this PD.
I. Dimensional Standards
See Sheet A-001 Master Plan for the Intensities and Dimensional standards associated with this PD.
J. Development Standards
While no modifications to the development standards of the City’s Code are proposed, the PD Plan Documentation outlines the relevant Development Standards on Page 5.
K. Amendments to the Approved PD plan
Any amendments to the approved PD plan will require compliance with Section 155.2405.1 Minor Deviations from the approved PD plan and Section 155.2405.j, Amendment of the Pompano Beach Zoning Code.
L. Traffic Study
Not required; however, the applicant has provided a study and summary included in the backup.
P&Z REVIEW AND RECOMMENDATION
Staff finds the proposed development, as currently proposed, is consistent with the Goals, Objectives, and Policies of the City’s Comprehensive Plan and the purpose of the PD-I district.
Alternative Motion I
Recommend approval of the PD-I rezoning request as the Board finds that the rezoning application is consistent with the pertinent Future Land Use goals, objectives, and policies and the purpose of the Planned Development, Infill (PD-I) district.
Alternative Motion II
Table this application for additional information as requested by the Board.
STAFF RECOMMENDS ALTERNATIVE MOTION I