(A) In conformance with the Comprehensive Plan, flexibility and redevelopment units as defined in § 154.60 of this chapter, may be allocated to authorize residential projects or mixed use projects on properties with commercial land use designations (limited to 20% of the total lands designated Commerce in the county’s 2017 Land Use Plan) or additional units on properties with residential land use designations. Approval of an allocation of flexibility and redevelopment units shall be achieved as outlined below.
(B) Distribution of flexibility and redevelopment units.
(1) Available flexibility and redevelopment units may be utilized by the city to rearrange residential densities consistent with the 2017 Broward County Land Use Plan provisions, as may be amended from time-to-time.
(2) Rearrangement of residential densities utilizing flexibility units will be administered within “flexibility zones.” The County Land Use Plan effective as of June, 2017, approved through the BrowardNext process, identifies the entire boundary of Pompano Beach as one flexibility zone. The city can further restrict the area eligible to receive flex units through the adoption of a Residential and Nonresidential Flexibility Receiving Area Map. The rules associated with the allocation of flex units are established within the Broward County Planning Council’s “Administrative Rules Document” as referenced in the city’s Comprehensive Plan.
(3) Additional residential density utilizing redevelopment units will be administered within specific redevelopment unit receiving areas as established on the Redevelopment Unit Receiving Area Map, which must be adopted by the city and submitted to the county when the city applies for redevelopment units per the 2017 BrowardNext County Land Use Plan policies.
(4) The maximum number of dwelling units permitted by the city Future Land Use Plan shall not exceed the number of dwelling units permitted by the Broward County Future Land Use Plan.
(C) Procedure for Residential and Nonresidential (Per 5% Rule: Residential to Commercial) Flexibility Allocation.
(1) Step 1: Application submittal. The applicant shall submit the following:
(a) The application is in the form established by the Development Services Director;
(b) The application is accompanied by the application fee as specified in Chapter 155, Appendix C: Fee Schedule;
(c) The applicant includes a conceptual site plan;
(d) Sufficient and detailed information in the application in sufficient detail describing any use by the applicant of Broward County Land Use Plan Policy 2.16.3 (Policy 2.16.3) to maximize bonus density opportunities for the development of affordable dwelling units compatible with existing and future land uses; and
(e) Sufficient and detailed information in the application that complies with the review standards listed in subsection (D) below, including a conceptual site plan.
(2) Step 2: Staff review. The application is reviewed by DRC, based on the Application Review Standards listed below in subsection (D), and comments are provided to the Development Services Director, who makes recommendations to the decision making body.
(3) Step 3: Advisory body review and recommendation. Applicable to a review and recommendation shall be accomplished by the Planning and Zoning Board based on the Application Review Standards listed in subsection (D) below.
(a) The Planning and Zoning Board hearing shall be noticed as follows:
1. Published notice. Notice of the P&Z public hearing shall be published at least five calendar days before the hearing date.
2. Mailed notice. Notice of the P&Z public hearing shall be mailed at least six business days before the hearing date to the following recipients: Applicant; owner(s) of land subject to the application; owners of real property within 500 feet of the parcel(s) subject to the application; and the local planning agency of the county or adjacent municipality, if its jurisdictional boundary lies within 500 feet of the parcel(s) subject to the application.
(b) Projects using Policy 2.16.3 for density purposes will be reviewed for flex/redevelopment unit allocations by the Planning and Zoning Board concurrently with the project’s application for site plan approval. In such instances, the Planning and Zoning Board shall serve as the decision-making body.
(4) Step 4: Decision-making body review and decision. The final review and decision shall be made by the City Commission, except as provided in subsection (C)(3)(b) above.
(a) The City Commission hearing shall be noticed as follows:
1. Published notice. Notice of the City Commission public hearing shall be published at least ten calendar days before the hearing date.
2. Mailed notice. Notice of the first City Commission public hearing shall be mailed at least ten calendar days before the hearing date to the following recipients: Applicant; owner(s) of land subject to the application; owners of real property within 500 feet of the parcel(s) subject to the application; and the local planning agency of the county or adjacent municipality, if its jurisdictional boundary lies within 500 feet of the parcel(s) subject to the application.
(5) The availability of redevelopment and flexibility units will become null and void upon the expiration of the time limits provided in the resolution allocating said flexibility and redevelopment units. Time extensions may be granted for good cause shown if sufficient progress is demonstrated.
(D) Application review standards. Flex/ redevelopment units and commercial flexibility shall be issued at the discretion of the City Commission as a legislative action and by the Planning and Zoning Board, where applicable, based upon delegated authority from the City Commission. An application shall only be presented to the decision making body upon a finding that all of the following standards are met:
(1) Consistency with applicable goals, objectives and policies of the city's Comprehensive Plan and this chapter.
(2) The use of the redevelopment and flexibility units and/or the establishment of nonresidential development within a residential land use designation will produce a reasonable development pattern. The criteria for reasonableness shall include compatibility of adjacent land uses and suitability of the parcel for various development patterns.
(3) Any applications for the use of residential flexibility or redevelopment units under this section require a commitment to provide affordable housing units pursuant to subsection (F) below or payment of an in lieu of fee in accordance with § 154.80. Infill properties which are one-acre or less are exempt from this requirement.
(E) Administrative Allocation and Single Family and Duplex Homes. Flex units for single-family and duplex homes may be administratively allocated by the Development Services Director, following a review of the corresponding application requesting such allocation. The Development Services Director may approve the Application for flexibility units, approve the Application subject to conditions or deny the Application based on the review standards set forth in Chapter 154, City Code. This subsection shall not apply to single-family and duplex projects having more than four contiguous lots on any block face.
(F) Deconcentration of poverty requirements.
(1) Definitions. The definitions in § 154.60 apply to this section.
(2) Purpose and intent. The purpose of this section is to promote the deconcentration of poverty and to allow the payment of funds in- lieu of constructing affordable housing into the Local Affordable Housing Trust Fund through the allocation of flexibility and redevelopment units.
(3) To be eligible for the allocation of flexibility or redevelopment units the following provisions shall be applicable:
(a) All new residential and mixed use development projects with a residential component along Dixie Highway and North Powerline Road (between Atlantic Boulevard and NW 15th Street) must include a minimum of 50% non-income restricted units.
(b) All new residential and mixed use development projects with a residential component within one-half mile radius of an income restricted housing development must include a minimum of 50% non-income restricted units.
(c) Comply with additional residential and mixed-use standards of § 155.4202.A.1.
(d) Those projects that are required to provide non-income restricted units are not required to pay into the Local Affordable Housing Trust Fund.
(e) All other areas: All projects must include a minimum of 15% affordable housing or pay into the Local Affordable Housing Trust Fund for every unit that is not classified as affordable.
(f) The City Commission must reevaluate and make a new determination on any flex allocation if there are changes to any information, terms or conditions contained in the resolution granting the flex units.
(4) Affordable housing units must be constructed according to the following guidelines:
(a) The unit mix (bedroom count per unit) of the affordable housing units should be proportional to the unit mix (bedroom count per unit) of the flexibility or redevelopment units.
(b) The affordable housing units may be marginally smaller and have appliances, fixtures and finish, which meet all minimum governmental standards to reduce overall development costs.
(c) The affordable housing units should be incorporated into the general site and design of the overall development and have a compatible exterior design.
(d) The applicant may select whether the proposed development will be owner occupied or renter occupied.
(5) The affordable housing units shall be maintained as such for a period of 15 years (when resulting from flex and redevelopment units) through the use of restrictive covenants. Applicant is required to have such restriction placed in the deed from the applicant.
(6) All of the affordable housing units shall receive certificates of occupancy before the final 10% of the flexibility or redevelopment units obtain certificates of occupancy.
(G) The availability of redevelopment and flexibility units will become null and void upon the expiration of the time limits provided in the development order or resolution, where applicable, allocating such units. Time extensions may be granted by the decision-making body originally granting the unit allocation, for good cause shown, if sufficient progress on the project is demonstrated. The respective decision-making body must reevaluate and make a new determination on any flex/redevelopment unit allocation if there are changes to any information, terms or conditions contained in the development order or resolution granting such flex units.
(Ord. 2013-34, passed 1-8-13; Am. Ord. 2014-19, passed 2-11-14; Am. Ord. 2016-12, passed 10-27-15; Am. Ord. 2018-06, passed 10-10-17; Am. Ord. 2019-17, passed 1-8-19; Am. Ord. 2019-110, passed 9-24-19; Am. Ord. 2020-22, passed 1-14-20; Am. Ord. 2022-36, passed 3-22-22; Am. Ord. 2023-42, passed 3-14-23; Am. Ord. 2023-44, passed 3-28-23)