boardname
PLANNING AND ZONING BOARD
Meeting Date: NOVEMBER 19, 2025
title
TEXT AMENDMENT - Landscape Demolition Sites (155.5302.A)
projectinfo
Request: Text Amendment
P&Z# N/A
Owner: N/A
Project Location: N/A
Folio Number: N/A
Land Use Designation: N/A
Zoning District: N/A
Commission District: N/A
Agent: N/A
Project Planner: Max Wemyss (954-786-4671 / max.wemyss@copbfl.com)
otherinfo
SUMMARY:
Development Services is facilitating a request for a staff-initiated text amendment, authored by the City’s Real Property Manager. The request is for a text amendment to two sections of the Zoning Code to address challenges identified during the implementation of City and Community Redevelopment Agency (CRA) projects and to ensure the responsible use of taxpayer funds. The backup includes the proposed amendment as well as a memo providing the justification for the amendment as well as the response to the review criteria for a text amendment.
This item was first presented to the Planning and Zoning Board on October 22, 2025 where the item was tabled to allow for some revisions and for additional information. Based on the feedback from the Board, staff has removed the portion of the amendment related to tree preservation and protection and added criteria for exemptions from the demolition standards. The amendment is now regarding the standards for demolition of site owned by the City or CRA. The staff report from the October meeting is provided in the backup for the purposes of comparison. This staff report only reflects the modified proposal.
For simplified review, the contents of the memo and proposed amendment are repeated in this staff report. What follows is duplicated from the author’s memo, with Development Services concurrence:
Following the demolition of structures on City- or CRA-owned or leased properties, additional public parking is often needed. To meet this need, the City has used asphalt millings and wheel stops to create temporary parking lots. However, Section 155.5203.A.3 of the Zoning Code currently requires that “drought-resistant sod or drought-resistant ground cover shall be installed on the entire demolition and/or disturbed areas before close-out of the demolition Building Permit.” This requirement creates an unnecessary burden, as it either requires staff to keep demolition permits open, which clouds property title, or to spend taxpayer money installing sod that will later be removed to create temporary parking. Staff recommends amending the Code to authorize the City Manager to exempt City and CRA-owned or leased properties from this sod installation requirement, allowing for more cost-effective use of public property while maintaining flexibility for future redevelopment.
In summary, the proposed amendments to Sections 155.5203.A.3 (Demolition Sites) are practical, fiscally responsible, and consistent with the City’s Comprehensive Plan. They enhance the City’s ability to meet community needs for affordable housing and public parking while ensuring environmental responsibility and the efficient use of taxpayer resources.
PROPOSED AMENDMENT:
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155.5203. Landscaping
A. Applicability
1. New Development
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3. Demolition Sites
a. If all or any existing structures on a lot are being, or have been, totally demolished, drought-resistant sod or drought-resistant ground cover shall be installed on the entire demolition and/or disturbed areas before close-out of the demolition Building Permit and thereafter maintained. All asphalt, rock, and other non-natural materials shall be removed and refilled to the undisturbed lot level with clean soil before any planting or installation of the required drought-resistant sod or ground cover. Such vegetative restoration of a demolition site shall be subject to the standards of this section if conditions stated above are met; or
b. If any or all existing structures on a lot are being, or have been, demolished in preparation for new development in accordance with a valid Development Order and Building Permit, and the construction of a principal structure will commence within 30 days after the demolition has been completed, the owner of the lot shall restore the lot to its pre-demolition elevation, brush-cut the lot, and keep the lot free of debris, trash, and invasive plant materials until start of the permitted construction. A nonliving material adequate to avoid the shifting, blowing, or other dissemination of dust, soil, gravel, or fill may be used until the start of the permitted construction. A perimeter berm no more than four feet high and planted with ground cover in accordance with Section 155.5203.B.2.e, Groundcover, may be installed and used during the construction period; and
c. If demolition activity is proposed to occur within the drip-line of an existing tree, a Tree Permit is required in accordance with Section 155.5204.B.1.b before the start of the demolition activity.
d. If any or all existing structures on a lot area being, or have been totally demolished, on property owned or leased by the City of Pompano Beach or the Pompano Beach Community Redevelopment Agency, the City Manager shall have the authority to authorize exemptions to the requirements in this section, subject to the criteria below, and the requirement that all use of such exemptions shall be reported to the City Commission and/or Community Redevelopment Agency Board, as appropriate, at the next possible reporting opportunity. Authorizations by the City Manager shall be provided in writing to the Development Services Director.
a. Exemption may be granted if one or more of the criteria below are met:
i. Development of temporary public parking.
ii. Construction of affordable housing by the City or CRA.
iii. Conducting environmental or other invasive testing that would disturb ground cover.
iv. Property requiring transfer of ownership between governmental agencies following demolition.
v. Other valid public purpose which would require removal of ground cover within ninety (90) days of installation.
4. Conflict with CPTED Guidelines
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REVIEW CRITERIA FOR A TEXT AMENDMENT:
Per Section 155.2402.C of the Zoning Code, in determining whether to adopt or deny the proposed amendment, the City Commission shall weigh the relevance of and consider whether and the extent to which the proposed amendment addresses the following review criteria. Each of the criteria are listed below in bold with the justification.
1. Is consistent with the comprehensive plan;
Future Land Use Element Objective 01-07.00 New Land Use Regulations Policy 01.07.05
Through ongoing updates to the land development regulations revise the existing off-street parking provisions of the zoning code considering, shared parking, parking space size, compact spaces, parking rates by uses, etc.
The proposed text amendment increases opportunities for public parking by removing the requirement to install sod after demolition so vacant lots can be utilized for temporary public parking. After demolition of the Pompano Pharmacy building in Old Town earlier this year the CRA created a surface parking lot with asphalt millings and wheel stops to provide 39 new parking spaces until a new parking garage is built. As the code is currently written the demolition permit for the building must remain open because sod was not installed after demolition and applications for the new scope of work weren’t immediately ready to advance. The installation of sod to close the demolition permit would have cost several thousand dollars, only to be immediately removed to install the temporary surface parking lot.
Future Land Use Element Objective 01-06.00 Natural Resources & Historic/Cultural Preservation 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.
Adoption of the text amendment will not impact the landscaping requirements in the Zoning Code when the property is redeveloped.
Recreation and Open Space Element Policy 11.05.02
The City will encourage greater public use of the coastal area and beach through maintenance and planning general improvements such as sitting and observation areas, and where feasible, additional parking.
The proposed text amendment increases opportunities for public parking. The use of asphalt millings to create a temporary parking lot at Atlantic Blvd. and SE 28th Avenue on the west side of the intracoastal on property leased by the City has allowed employees and construction workers on the barrier island to utilize the parking lot, which frees up public parking spaces on the barrier island for those visiting the beach. The parking is an interim use until the property owner redevelops the property in full compliance with the City’s landscaping requirements.
2. Does not conflict with any provision of this Code or the Code of Ordinances;
The proposed text amendment does not conflict with this Code or the Code of Ordinances. The demolition sites text amendment does not remove or reduce the landscaping requirements in Article 5 Development Standards of the Code when a site is developed.
3. Is required by changed conditions;
The growth of Pompano Beach has created an increased public parking demand that can be met with temporary parking solutions that do not require tax payer money to be spent on sod that will be installed and then immediately removed to satisfy demolition permit closure requirements.
4. Addresses a demonstrated community need;
Both public parking and additional affordable homes are community needs. While the City strives to maximize the number of affordable homes made available each year the need far outpaces the number of homes due to funding limitations and land acquisition costs.
5. Is consistent with the purpose and intent of the zoning districts in this Code, or would improve compatibility among uses and would ensure efficient development within the city;
The text amendment is consistent with the purpose and intent of the zoning districts in the Code and does not change use or development standards for any zoning districts.
6. Would result in a logical and orderly development pattern; and
The proposed amendment is consistent with the logical and orderly development pattern of allowing temporary and interim uses, prior to full development of a property and not waiving development standards for the final development.
7. Would not result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, storm water management, wildlife, vegetation, wetlands, and the natural functioning of the environment.
The text amendment will not result in significantly adverse impacts on the natural environment. Whether sod is installed or compacted asphalt millings the site will still have drainage for storm water management and any trees removed would have to be replaced for either site plan approval or building permit approval for final development of the property.
DEPARTMENT RECOMMENDATION:
Given the information provided to the Board, as the finder of fact, the Development Services Department provides the following recommendation and alternative motions, which may be revised or modified at the Board’s discretion.
Motion I
Recommend approval of the text amendment to the City Commission for their consideration.
Motion II
Table this application for additional information as requested by the Board.
Staff recommends Motion I.