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Appeal of a Development Order issued by the Planning and Zoning Board (Local Planning Agency) of the City of Pompano Beach, Broward County, Florida, denying the major site plan application for the development of a Costco Wholesale facility within the NW corner of the Live! Pompano Planned Commercial Development.
(Fiscal Impact: N/A)
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(Staff Contact: Max Wemyss)
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Summary Explanation/Background:
At the June 24, 2026, Planning and Zoning Board Meeting, the Board heard and denied the Site Plan Application 25-12000023, for the development of a new Costco located within the Live! PCD. The site is on the southeast corner of the intersection of Racetrack Road and Powerline Road. The applicant is now seeking an appeal to this decision, pursuant to SECTION 155.2424 APPEAL of the City’s Zoning Code.
“In the public hearing and review of the appeal request, the appellate body (City Commission) shall conduct a quasi-judicial hearing on the appeal in accordance with the procedures and special considerations required by Section 30.08 of the Code of Ordinances and by state law. The appellate body shall review the Notice of Appeal and appeal application, the record of the decision or interpretation being appealed, arguments from the appellant, who may appear in person, by agent or by attorney, identifying the grounds for the appeal and basis for the alleged error in the decision being appealed, responding arguments from city staff, and any other relevant comments by other interested parties.”
An appeal shall be reviewed on the following standards:
1. The appellate body shall review an Appeal in accordance with the standards of this Code applicable to the decision or interpretation being appealed, and shall base its decision solely on the record established below in making the decision or interpretation being appealed. The record shall consist of all documents, hearing records, and other materials related to the decision or interpretation.
2. The appellate body may modify or reverse a decision or interpretation on appeal (in whole or in part) only if it finds that there is competent substantial evidence in the record of a clear and demonstrable error in the application of the relevant standards or provisions of this Code.
The final decision of the appellate body shall be one of the following:
i. Affirmation of the decision or interpretation (in whole or in part);
ii. Modification of the decision or interpretation (in whole or in part); or
iii. Reversal of the decision or interpretation (in whole or in part).
Backup Materials:
In addition to the attached Notice of Appeal letter from the Applicant, the full backup for this item will be available via a weblink (the attachment labeled “Appeal Application & Backup - Costco Major Site Plan”) due to its size and complexity. Double-click on this file, and the website will open. The backup includes all of the Drawings and Documents provided to the Planning and Zoning Board for the consideration of the Site Plan, the Staff Report and Presentation for review of the Site Plan, as well as all of the documentation required of the Applicant to request this Appeal. That includes the Notice of Appeal letter and the Denial Development Order. Draft Minutes of the meeting have also been provided by staff for reference, and the applicant has submitted a full transcript of the item from the Planning and Zoning Board Meeting. The item can also be watched from the online recording accessed here: https://www.youtube.com/live/vFAaS57uhLM?si=uzi3S0NIA38Fk_LR&t=13847
Origin of request for this action: Christina Bilenki, Esq. & Scott E. Backman, Esq. Counsel for Applicant / Costco Wholesale Corporation
Fiscal impact and source of funding: n/a
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