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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, TOLLING THE EXPIRATION TIME PERIOD FOR A DEVELOPMENT ORDER DURING USE OF THE PROPERTY FOR A PUBLIC PURPOSE; PROVIDING AN EFFECTIVE DATE.
(Fiscal Impact: N/A)
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(Staff Contact: Daniel Keester-O’Mills/ David Recor)
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Summary Explanation/Background:
In 2020, the City Commission entered into a license agreement with Pure Residence Resort Pompano Beach, LLC in order to provide temporary public parking on the subject property (3300 SE 1 Street). The initial term of the lease was for 1 year (Resolution 2020-98). An amendment to the license agreement was adopted by Resolution (2021-40) on December 8, 2020, and extended the original agreement by an additional year (ending January 15, 2022). A parking license agreement was adopted by Resolution (2021-158) on April 27, 2021, for an additional year (expiring 4/27/2022). In total, the property owner has authorized the City to utilize the property for public parking from January 16, 2020 - April 27, 2022 (833 days). Prior to the license agreement, the property owner obtained a Major Site Plan approval (P&Z: 18-12000047), for a project known as “Pure Residences” that was approved by the Planning & Zoning Board at the meeting held on 3/27/2019, and signed by the Chairman on 4/10/2019. Development orders are valid for 2 years making the original expiration date: 4/10/2021. The Building Design was approved by the Architectural Appearance Committee at the meeting held on 4/22/2019, and signed by the Chairman on 4/22/2019 (thus making the original expiration date: 4/22/2021). The Zoning Code authorizes the City Commission to extend a development order for a period not to exceed five years provided that the property was being used by a “Government Entity for a public purpose as demonstrated by an Interlocal Agreement, Lease, or similar legal document with the lawful owner of the property…” The applicant is requesting that the City Commission grant an extension of their development order, in light of the fact that the property has been used as a public parking. If approved, the development orders will be valid through July 22, 2023 (for the Major Site Plan) and August 3, 2023 (for the Major Building Design).
Origin of request for this action: Andrea Harper, with KEITH
Fiscal impact and source of funding: N/A
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