boardname
PLANNING AND ZONING BOARD
Meeting Date: APRIL 26, 2023
title
LIVE! VENUE
projectinfo
Request: Major Site Plan
P&Z# 22-12000036
Owner: Pompano Park JV Land Holdings LLC
Project Location: 777 Isle of Capri CC
Folio Number: 494203350010
Land Use Designation: RAC (Regional Activity Center)
Zoning District: PCD (Planned Commercial Development)
Commission District: 5 (Barry Moss)
Agent: Mike Amodio (954-788-3400)
Project Planner: Max Wemyss (954-786-4671 / Max.Wemyss@copbfl.com)
otherinfo
Summary:
The applicant is requesting Major Site Plan and Building Design approval in order to construct approximately 50,000 square feet of commercial uses consisting of a 25,000 square foot restaurant “venue,” five individual retail buildings, and outdoor event/bar/entertainment/recreation space. This includes two retail pavilions within the median of “Main Street,” and a dock that is proposed to extend into a future lake expansion.
The location of the proposed commercial buildings are immediately to the west of the existing Isle/Harrah’s Casino and east of the proposed “Main Street.” The property is currently parking and the Grandstand (to be demolished) for the Casino and horse track. The net site area (approximately 7 acres) is part of a 220-acre Planned Development that is partially developed. The total lot coverage of the site is 12.1%.
The property has a Regional Activity Center (RAC) land use designation and a Zoning designation of Planned Commercial Development (PCD), which permits the commercial uses. The site plan was most recently reviewed by the Development Review Committee on March 1, 2023.
The district was rezoned to a Planned Commercial Development with an adopted master plan in 2020 (Ordinance 2021-02). The following are ongoing/ active developments consistent with the master plan:
• A Future Golf Facility (21-12000046) now known as Top Golf was approved on July 14, 2022 and is now under construction.
• The Industrial Site Plan development (21-12000035) approved in May 2022 has been withdrawn, but a new industrial site plan application 23-12000013 was been submitted and is currently in review by the DRC.
• The NW Corner Retail Site Plan (21-12000045) was approved in June of 2022 and has building permits in for review.
• The Casino expansions are nearly complete (Smoking Terrace, Building Addition are complete) with a permit in review for the Rear Deck Enclosure. The Parking Garage (20-12000004) is also complete.
• There are three projects for the internal roadway improvements (Lucky Lane, Palm Aire Drive, Loop Road), which have approved Minor Development Orders and received building permits.
SITE PLAN REVIEW STANDARDS
An application for a Major Site Plan or Minor Site Plan shall be approved only on a finding that there is competent substantial evidence in the record that the development, as proposed:
1. Is consistent with the land use designation in the comprehensive plan;
The property has a Regional Activity Center (RAC) land use designation and a Zoning designation of Planned Commercial Development (PCD), which permit the proposed facility and uses. The Development is consistent with the City of Pompano Beach Comprehensive Plan, and the Future Land Use Element Goals, Objectives and Policies contained therein:
Goal 01.00.00. The attainment of a living environment which provides the maximum physical, economic and social well-being for the City and its residents through the thoughtful and planned use and control of the natural and man-made environments that discourages urban sprawl, is energy efficient and reduces greenhouse gas emissions.
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 01.14.07
All site plans will be reviewed for Crime Prevention Through Environmental Design (CPTED) design principles such as lighting, street design, natural surveillance, natural access control, and territorial reinforcement. CPTED infrastructure such as security lighting, security cameras, bollards, and other access control methods will be required based on the specific needs of the project.
Objective 01.15.00 - Regional Activity Center
The Regional Activity Center Land Use Category encourages attractive and functional mixed living, working, shopping, education, and recreational activities.
Policy 01.15.01
The Planned Development Land Development Regulations shall provide the zoning district that facilitates attractive and functional mixed living, working, shopping, education, and recreational activities for application to Regional Activity Centers.
Policy 01.15.12
The City shall maintain design standards within its land development regulations to ensure compatibility between existing and planned land uses within and adjacent to Regional Activity Centers
2. Complies with the applicable district, use, and intensity and dimensional standards of this Code (Articles 3, 4, and 5);
Article 3: Zoning Districts
The proposed development complies with the standards for the development within the PCD Zoning Districts as established by Ordinance 2020-02.
Article 4: Use Standards
The development proposes a restaurant and bar as well as retail/commercial spaces that comply with the use-specific standards in Article 4: Use Standards and is consistent with the uses as permitted by the PCD.
Article 5: Development Standards
See Standard 3 below. Development Standards may be modified by the PCD Ordinance.
3. Complies with the applicable development standards of this Code (Article 5);
The DRC and project applicant have worked together to present a project that nearly satisfies the requirements of Article 5, as amended by the PCD standards, for new development requiring Major Site Plan approval. The project does not currently meet the design standards required by Article 5, as amended by the PCD standards. The project provides the minimum 12 Sustainable Development Points required by Article 5.
The project has requested the approval of superior design alternatives from the Architectural Appearance Committee:
§155.5602.C.7.a: Fenestration/Transparency: “At least 30 percent of the street-facing façade area of the ground-level floor of buildings (as measured from the grade to the underside of the eave, top of the parapet, or the story line denoting the second floor) shall be occupied by windows or doorways.”
The proposed street-facing elevations for building A1 (north) and building A4 (west) do not comply.
§155.5602.C.7.b: Fenestration/Transparency: “All ground-level windows on street-facing facades shall be transparent. Mirrored or heavily tinted glass that prevents views into the building is prohibited on street-facing front building facades.”
The proposed elevations for building A1 contain spandrel glass on a portion of the street-facing façade.
§155.5602.C.7.d: Fenestration/Transparency: “Street-facing facades of the ground level floor for all commercial, institutional, and industrial uses in commercial zoning districts and mixed use developments shall not include roll up doors.”
The north elevation of building A1 includes a roll up door to enclose a loading dock accessed from Palm Aire Drive.
Additionally, the applicant is using “off-site” parking to meet the minimum number of parking spaces required by this application by claiming yet to be developed parking spaces within the NW Retail Site Plan and in the adjacent existing non-conforming spaces. The locations and number of parking spaces within each site must be identified prior building permit approval for tracking of committed parking spaces and to permit redevelopment and relocation of the required parking should the committed spaces be redeveloped.
4. Complies with all other applicable standards in this Code;
The proposed site plan complies with all other applicable standards of this Code.
5. Complies with all requirements or conditions of any prior applicable development orders or prior applicable approved plans on record;
There is no prior development order commitments or conflicting plans of record for the subject property.
6. The concurrency review has been completed in accordance with Chapter 154 (Planning) of the Code of Ordinances;
Based on the estimated demand, the proposed project complies with concurrency requirements. The City has adequate capacity to serve the proposed project.
7. Is designed to provide safe, adequate, paved vehicular access between buildings within the development and streets as identified on the Broward County Trafficways Plan;
The project is designed to provide safe, adequate, paved vehicular access between the buildings and Powerline Road and Race Track Road (SW 3rd Street) which are identified on the Broward County Trafficways Map. The project is accessed via internal roadways that connect with Powerline Rd and Racetrack Rd. The master site developer of the PCD is in the process of completing the circulation throughout the PCD including the abutting private roadways.
8. Complies with any applicable hazardous material licensing requirements in the Broward County Wellfield Protection Ordinance;
The Property is not located within a wellfield protection area. The Development does not anticipate requiring any hazardous material licensing.
9. Complies with crime prevention security strengthening and CPTED standards for natural surveillance, natural access control, territorial reinforcement, maintenance and activity support;
As part of the Major Site plan and Building Design application, the applicant has developed a separate CPTED security plan, which address the CPTED standards for natural surveillance, natural access control, territorial reinforcement, maintenance and activity support.
10. Complies with adopted Fire Codes and Standards per City Code Section 95.02;
The proposed site plan was reviewed by Fire Plans Examiner during DRC. The project complies with all Fire Department requirements at this time.
11. Considers and mitigates any potential adverse impacts on environmentally sensitive lands identified by the City Comprehensive Plan or Broward County Land Use Plan;
The proposed development is not within an area that will have impact on environmentally sensitive lands.
12. Complies with the approved Transportation Corridor Study, unless in direct conflict with another Zoning code provision.
The proposed development is not within an area identified in the Transportation Corridor Study.
DEPARTMENT RECOMMENDATION
Pursuant to §155.2304.C, Applications Subject to Staff Recommendation, the Development Services Director has compiled the department reports from the Development Review Committee (DRC) meeting which are recorded on file with the Department of Development Services. Should the Board find that the application has provided competent, substantial evidence to satisfy the review standards for Major Site Plan approval, the Development Services Department recommends approval of the Major Site Plan subject to the following comments and conditions:
1. The PCD requires the perimeter buffer of ‘Development Area A’ as identified in the Live! Pompano PCD to be installed prior to issuance of the first CO for new development, except for any casino related expansion.
2. Obtain the approvals from the Architectural Appearance Committee for the requested Vernacular or Superior Design Alternatives.
3. On the site plan, provide the limits of scope of work to include the existing legal non-conforming surface parking lot spaces to be reserved for use by this application.
4. The perimeter of the site along the south is inconsistent with the Lake Expansion permit and inconsistent with the approved Broward County Drainage permit. Modify the Lake Expansion to be consistent with the design proposed abutting this application prior to the approval of any building permit. Note: A PCD Amendment may be necessary (depending on lake boundary and alignments with proposed development) to identify a new location for the required Crystalline Lagoon prior to building permit issuance.
5. Provide access easements necessary for the multi-purpose lane and sidewalks, following ROW Dedication.
6. Standard Conditions of Approval and/or Specifications required prior to Building Permit/ Zoning Compliance Permit issuance:
a. Include a copy of the approved CPTED plan, approved by the Broward Sheriff’s Office.
b. Compliance with all applicable City Ordinances, including but not limited to comments issued by the Development Review Committee.
c. Maintain substantial compliance with the plans, as submitted with this application.
d. Pursuant to the PCD Sign Plan and Section §155.2416 [Master Sign Program], the proposed development shall obtain approval for signs and free standing sign structures, prior to approval of a Sign Code Compliance Permit.