File #: LN-324    Version: Name:
Type: PZB Submission Status: Reported to Council
File created: 7/6/2022 In control: Planning and Zoning Board
On agenda: 10/26/2022 Final action: 10/5/2022
Title: BROWARD PARTNERSHIP FOR THE HOMELESS INC LUPA
Attachments: 1. DRC Documents_8.3.22.zip, 2. DRC #2 JED Comments on BPHI- LUPA.pdf, 3. CRA comments -Broward Partnership for the Homeless.pdf, 4. DRC Documents_10.5.22.zip, 5. PZB Documents_10-26-2022.zip

boardname

PLANNING AND ZONING BOARD

Meeting Date: OCTOBER 26, 2022

 

title

BROWARD PARTNERSHIP FOR THE HOMELESS INC LUPA

 

projectinfo

Request:                     Local-Only LUPA from Industrial to Commercial for a Future Proposed Residential Development

P&Z#                     22-92000003

Owner:                     Broward County Board of County Commissioners

Project Location:                     1700 NW 30 Avenue (Blount Road)

Folio Number:                     484228250050

Land Use Designation:                     Industrial

Zoning District:                     CF (Community Facility)

Commission District:                     4 (Beverly Perkins)

Agent:                      John Rinaldi (954-788-3400)

Project Planner:                     Jean Dolan (954-786-4045 / jean.dolan@copbfl.com)

 

otherinfo

 

A.                     Request

The Applicant is requesting to change the entitlements for a 7.0 gross acre site (approximately 6.7 net acres) currently occupied by the North Homeless Assistance Center (NHAC) located at the east side of Blount Road (aka, NW 30th Avenue) approximately a half-mile north of Dr. Martin Luther King, Jr. Boulevard.  The land use plan amendment applies to the entire 7 gross-acre site, however, the existing NHAC building will remain and the associated rezoning (from CF to B-3) will only apply to the 3 acres in the rear of the building currently used as stormwater storage for the NHAC.  The change in land use is from Industrial to Commercial to allow the rear 3 acres to be zoned B-3 so the property can be developed as residential using a combination of flex units and County Policy 2.16.3 to provide the desired 138 unit residential project (46 du/acre).

 

B.                     Proposed Development and Net Change n Entitlements

The Applicant is proposing to change the Land Use entitlements to Commercial but ultimately the intent is to allow 138 mid-rise apartments. The change in entitlements from Industrial to Commercial and then to the 138 units of residential are shown below.  An analysis of public facility demands was done for both the Commercial land use and the residential project because after the amendment, either use would be allowed.

 

 

 

 

 

 

 

CHANGE IN ENTITLEMENTS BY LAND USE CATEGORY

Current Land Use

Current Entitlements Per City Plan

Proposed  Land Use Entitlements

Proposed Residential Project (NHAC to remain)

Industrial

792,792  SF

Commercial: 1,829,520 SF (analyzed as 182,952 SF Commercial ground floor and 1,646,568 SF Office 2nd-10th Floor)

138 Units

 

Applicant’s Rationale for the Proposed Amendment (from the Applicant’s LUPA Application)

The Broward Partnership for the Homeless, Inc. (“BPHI”) is planning to develop 138 affordable residential units on the stormwater retention area abutting the north homeless assistance center (NHAC) at 1700 Blount Road. Affordable housing supply and homelesssness continue to be issues in the City of Pompano Beach and throughout the country. The Broward Partnership for the Homeless, Inc. (BPHI) proposes to develop this 138 unit residential apartment building which will provide individuals and families with affordable housing for very low and low income individuals. This project provides permanent housing targeted for those who were homeless or at risk of becoming homeless and can work with a dedicated case manager to stabilize their unique situations. Broward Partnership prides itself with being a good neighbor and believes that the proposed addition of affordable residential apartments at this location would be a natural location providing the next level of assistance. The project will be managed by an experienced professional management company with extensive experience operating similar affordable housing developments.

 

The request is to change the City of Pompano Beach Land Use from Industrial to Commercial. Once the land use designation becomes commercial, the property would be available for affordable flex units under the City’s comprehensive plan and Broward County policy 2.16.3. The ultimate intent of the local land use plan amendment is to allow for the 138 unit affordable residential development.

 

The proposed use of affordable residential apartments is suitable to the use of the area. The site will provide within a short travel distance many potential employers. Current trends in land use is to provide housing in proximity to employment base. Providing affordable housing opportunities furthers the goals of Broward Partnership and the goals, objectives and policies of the City of Pompano Beach.

 

The Land Use Plan Amendment is the first step in the process. Rezoning, flex allocation and plat note amendment will all be necessary prior to the final site plan approval.

 

 

 

 

 

 

 

 

 

Surrounding Land Uses

The future land use designations and existing uses of the properties immediately surrounding the subject property are summarized as follows:

LAND USE DESIGNATION AND EXISTING USE OF ADJACENT AREAS

Land Use

 Site

 North

 South

 East

 West

Future Land Use Map Designation

Industrial

Industrial

Industrial

Industrial

Industrial

Existing Uses

Homeless Shelter

Warehouse / trucking

Broward County Highway Maintenance Yard

Warehouse / trucking

UPS Ground Freight / Warehouse / Trucking

 

C.                     Impact Analysis

A change from Industrial to Commercial land use will always show a greater demand on facilities and services given the fact that the Industrial Floor Area Ratio is 2.6 (based on height limit of 45’ (approximately 4 stories) with 65% lot coverage) while the Commercial land use Floor Area Ratio is 6 (based on 105’ height (approximately 10 stories with 60% lot coverage). 

 

A change from an industrial project to a residential project (depending on size) will lower some demands (water, wastewater, solid waste) while increasing others (parks and school capacity). 

 

The results of the impact analyses are provided below:

 

Sanitary Sewer

The net impact on sanitary sewer treatment demand from the change from Industrial to Commercial entitlements is an increase of 44,822 gallons per day (0.0448 MGD). While the change from Industrial to 138 units of residential is a decrease of 2,849 gallons per day. There is adequate wastewater treatment plant capacity to serve the proposed sanitary sewer treatment demand generated by either development on this parcel.

 

Potable Water

The net impact on potable water demand from the proposed amendment to Commercial use is an increase of 55,312 gallons per day (0.0553 MGD). While the change from Industrial to 138 residential units is a decrease of 1,155 gallons per day. There is adequate water supply and water treatment plant capacity to continue to serve the proposed amendment.

 

Drainage

The City of Pompano Beach completed a Citywide Stormwater Management Master Plan (SMMP) in 2013, which includes a list of recommended stormwater capital improvement projects throughout the City.  The subject property was not identified as having any existing drainage issues and no capital improvements are proposed for the associated drainage basin in the SMMP.

 

It is notable that the proposed residential development will be built on the current permitted stormwater retention area for the NHAC which is proposed to remain. In addition, the proposal is to remove the portion of the site to be used for the residential building from the FEMA designated flood zone by raising its elevation with fill providing a further challenge for stormwater management.  The Applicant has stated that Broward County will be managing the site’s stormwater on their property to the south (4842 28 25 0010).  The City has requested a written commitment to this concept in a Declaration of Restrictive Covenants or equivalent binding agreement.

 

Solid Waste

The net impact on solid waste demand from the change from Industrial to Commercial entitlements is an increase of 96,832 pounds per day.  The change from Industrial to 138 units of residential is a decrease of 14,628 pounds per day of solid waste. A letter from the solid waste provider (Waste Management, Inc., of Florida) has been provided to verify the intent to continue to provide solid waste disposal services to the City and this site.

 

Recreation and Open Space

A change in land use from Industrial to Commercial has no impact on parks and recreation, however, the change to 138 residential unit does have an impact. The additional 138 residential units will increase the population by an estimated 344 people (based on average household size of 2.49 pph).  The adopted park level of service of 5 acres/1,000 residents results in the demand for 1.7 acres of recreational land. The City has adequate park land to serve this increase in population based on the existing park inventory, however, the project is a mile away from the closest park (McNair Park in Collier City).  The City has requested a commitment through a Declaration of Restrictive Covenants (or equivalent binding agreement) that the project will provide some onsite recreation and open space amenities as part of the site plan approval process.

 

Mass Transit

The subject property is not serviced by any Broward County Transit (BCT) routes. The City’s Community Shuttle (Blue line) stops there three times per day which is inadequate to support future residents.  The Applicant is working with BCT to get a commitment to adding bus services to Blount Road.  The City is requesting a Declaration of Restrictive Covenant, or equivalent binding agreement, to commit that transportation services will be provided by the apartment management company until such time as mass transit services are adequate to support the future residents of the project.

 

Traffic Impact

According to the Applicant’s analysis, the PM peak hour traffic generation resulting from the amendment from Industrial to Commercial results in a net increase of 2,723 PM peak hour trips.  The change from Industrial to 138 units of residential, however, results in a net decrease of 207 PM peak hour trips.

 

It is notable that FDOT is proposing a new Turnpike interchange that will connect to Blount Road just south of the subject property adjacent to the Broward County jail.  The intent is to direct the semi-truck traffic that dominates in this corridor onto the Turnpike before it gets to Dr. Martin Luther King, Jr, Boulevard.  The Applicant has not addressed the future impact of this interchange on the subject property. 

 

Natural and Historic Resources

The Applicant provided an informal email from the Department of State, Division of Historic Resources which confirms there are no known historic or archaeological resources in the area based on available data. 

 

The Applicant also had a professional environmental consultant provide a transect analysis of the site to ensure no endangered plants or animals are present on the subject property.

 

 Affordable Housing

The purpose of this amendment is to provide 138 tax credit housing units.  All of the units will be affordable to families making 60% or less of Broward County’s median income. The entitlements are being generated using County Policy 2.16.3 which allows for 19 bonus units for every very low income unit deed restricted for 30 years.  The city will be providing 7 flex units which will be deed restricted to very low income housing which will allow for 133 bonus units (total 140 units).  The Applicant intends to provide 138 of those units which is the maximum allowed in the B-3 zoning if the site is 3-acres (3 acres x 46 du/acre = 138 units).

 

Land Use Compatibility

As communicated through the City’s Comprehensive Plan policies, the City does not consider residential compatible with the heavy industrial land uses in this area.  The buffer requirements in the City’s zoning code are considered a minimum to mitigate this compatibility while balancing the existing property rights of adjacent residential and industrial property owners where this condition already exists and has existed for years.  The required minimum zoning buffers do not eliminate the recognized incompatibility.  City staff does not recommend creating a new incompatible condition with this project.

 

Hurricane Evacuation

The subject property is not within a hurricane evacuation area. 

 

Redevelopment Analysis

The subject property is not located within one of the Community Redevelopment Areas. 

 

Intergovernmental Coordination

The subject property is reasonable close to the boundary of Pompano Beach and Coconut Creek and that City will be notified of the proposed plan amendment as a courtesy and to meet the intergovernmental coordination requirements in the Broward County land use plan.

 

Public Education

The School Board of Broward County has reviewed the land use plan amendment and found the schools that would serve this site (Charles Drew Elementary, Silver Lakes Middle and Blanche Ely High) have the capacity to serve the projected student population.

 

E.  Consistency with Goals, Objectives and Policies (GOPs) of the City's Land Use Plan

Given this project is providing low income housing, it is consistent with the two housing element policies that focus on providing low income housing for very low, low and moderate income families including the homeless.

 

Comprehensive Plan GOPs that support the project:

Objective 03.01.00 - Housing to Accommodate Future Population

The City should provide, through the undertaking or support of public and private development efforts, sufficient housing units through the long range planning horizon to meet the anticipated population through 2040. Provision of these units shall be based on the need for adequate and affordable housing for all segments of the existing and future population including those households with very-low, low, and moderate income and those with special housing needs, including homelessness.

 

Policy 03.01.04

The City shall continue to cooperate with other local governments concerning providing affordable housing for very-low, low, and moderate income households and the homeless.

 

Comprehensive Plan GOPs that do not support the project in this location:

Given the location of the project in the heavy industrial sector of the City specifically, and generally in the northwest where the City already has a concentration of poverty, the project is not consistent with the following Comprehensive Plan Goals, Objectives and Policies:

 

Objective 03.03.00 - Land for Affordable Housing

The City shall continue to provide adequate sites for very-low, low and moderate income housing and manufactured homes through the long term planning horizon in a manner that supports the goal to deconcentrate poverty.

 

Policy 03.03.01

The City shall continue to include Land Use Plan and Zoning Code designations which allow for manufactured homes. Development proposals shall be reviewed with regard to compatibility to adjacent or surrounding uses and the extent to which the proposal will aid in the de-concentration of poverty, if applicable.

 

Policy 03.03.02

Through the review of development proposals, the City shall support public and private sector efforts to create and/or preserve affordable housing for very-low, low and moderate-income groups in areas designated for residential land use for future and current residents recognizing the need for distance separation for subsidized low income tax credit projects of no less than one-half mile. Review of such proposals shall be based on overall compatibility with already established residential areas, the extent to which the location supports the de-concentration of poverty, and consistency with the land development code.

 

Policy 03.03.04

To promote and support affordable housing, the City shall consider locations that permit residents to walk or bike to work which will provide savings to the residents, reduce traffic, promote health, and reduce carbon emissions.

 

Policy 01.01.13

The City shall utilize flexibility units and redevelopment units to increase residential densities within the flex receiving area when consistent with the community character; adjacent land uses; and public school capacity both within Pompano and affected contiguous municipalities; and has undergone a compatibility review relative to potential impacts on Environmentally Sensitive Lands and County or regional parks in accordance with Policy 2.10.01 of the Broward County Land Use Plan. 

 

Policy 01.03.11

Consider the compatibility of adjacent land uses in all Land Use Plan amendments and rezonings.

 

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 01.03.09

Discourage Future Land Use Map amendments, rezonings or other methods that would place residential units into or adjoining industrial land use designations.  

 

Policy 01.23.01

To create balanced communities, encourage the expansion of neighborhood-serving retail and office uses in areas dominated by the industrial, and manufacturing sectors if appropriate to better serve the local community.

 

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.

 

F. Alternative Motions

(1)                     Motion to recommend denial of the proposed Land Use Map Amendment as the Board finds the proposed map change incompatible with adjacent uses and the Goals, Objectives and Policies in the Comprehensive Plan that specifically discourage placing residential in the industrial area.

 

(2)                     Motion to recommend approval of the proposed Future Land Use Map Amendment as the Board finds it to be consistent with the Goals, Objectives and Policies in the Comprehensive Plan related to providing affordable housing with the following commitments in a Declaration of Restrictive Covenant (or equivalent binding agreement) to be provided prior to City Commission second reading:

 

                     Broward Transit will provide adequate bus routes along Blount Road to service the project and the Apartment management will provide transportation services to residents until such time as Broward County mass transit is adequate to serve their daily needs;

                     Broward County will accommodate and permit stormwater management off-site on their property to the south of the subject property;

                     That reasonable recreation and open space amenities will be provided on-site to serve the residents; and

                     The 7 flex units will be deed restricted to very low income for a period of 30-years as required by County Policy 2.16.3 to qualify for the 19 bonus units for every very low income unit.

 

(3)                     Motion to table the proposed Future Land Use Map Amendment to allow further analysis of any issues raised by the Board, Staff, Applicant or the general public.

 

Staff recommends motion number (1).