boardname
Zoning Board of Appeals
Meeting Date: December 15, 2022
title
VARIANCE - AIRPARK PARCEL “Y”
projectinfo
Request: Variance
P&Z# 22-11000018
Owner: City of Pompano Beach
Project Location: 1550 NE 5th Avenue
Folio Number: 4842 36 25 0010
Land Use Designation: T- TRANSPORTATION
Zoning District: Transportation (T)
Agent: Wayne Asbury
Project Planner: Scott Reale
otherinfo
Summary:
Applicant Landowner is requesting a VARIANCE from all Tree requirements as required by Article 5, Part 2: Landscaping and Tree Preservation, of the Pompano Beach Zoning Code.
Specifically, the applicant is proposing the following:
1. To provide zero trees on the portion of the subject property to be developed rather than provide 357 trees as required by code.
2. To provide zero trees on the retention area of the subject property rather than provide 96 trees as required by code.
The subject property is located east of NE 5th Avenue and north of NE 10th Street, within the Pompano Beach Airpark.
ZONING REGULATIONS
The Zoning Code requires all new development to provide plantings in accordance with the standards in Table 155.5203.C. Properties in the Transportation (T) Zoning District are required to provide a minimum of 2 trees and 5 shrubs per 2,000 sq ft of lot area or major fraction thereof.
PROPERTY INFORMATION AND BACKGROUND
1. Pompano Beach Airport was constructed during World War II as a Naval outlying landing field (NOLF) for Naval Air Station Fort Lauderdale, what is now the Fort Lauderdale-Hollywood International Airport. On August 29, 1947, the City of Pompano Beach obtained the Airport under the Surplus Property Act of 1944 and renamed it Pompano Beach Air Park, due to its intent to limit the airport’s usage to general aviation. Pompano Beach Air Park is owned and operated by the City of Pompano Beach and is a public use facility. Many aviation tenants hold long term leases at the Airpark, including Sheltair Aviation, Pompano Aviation, and Good Year.
2. The subject property consists of Parcel “Y” (a 7.1-acre vacant site) and an adjacent 2.2-acre dry retention area, both located just east of the Goodyear Blimp base and Sand & Spurs Equestrian Park. On November 16, 2022 the applicant obtained a Major Site Plan Development Order (PZ #22-12000020) in order construct twelve (12) new aircraft hangers within six (6) new buildings, where they committed to provide 213 trees onsite and the balance of the 240 deficient trees (144 trees on Parcel Y and 96 trees on the retention/drainage area) would be deposited into the City’s Tree Canopy Trust Fund (TCTF). This was noted both on the Landscape Plan submitted to the Planning & Zoning Board and became a condition of approval on the site plan development order. Contribution to the Trust Fund is typically only used for replacing or mitigation of existing trees, not the deficiency of required trees (§155.5204.E.1.b.iii). However, this was an option the Development Review Committee provided to the applicant as a courtesy, given the location of the project.
3. The very next day after the P&Z meeting, the applicant filed a Variance application to eliminate all trees on the subject property. Again, based on the combined 9.3 acres of Parcel “Y”, 357 trees are required and another 96 trees are required in the adjacent retention area.
ANALYSIS
1. Staff finds the applicant narratives do not adequately address the variance review standards. The applicant contends city staff has no right to impose zoning code requirements on the leasable area of the site. This is simply not true, and the attached email from the City Attorney’s Office affirms the Lessee will have to comply with the tree requirements on the designated lease property. The provisions of the Zoning Code apply to the development of all land within the corporate limits of the City of Pompano Beach unless it is expressly exempted by a specific section or subsection of the code. Further, the provisions of the code apply to development by the city or its agencies and departments, or on land owned or otherwise controlled by the city. (§155.1104) Moreover, the lease agreement itself stipulates that the lessee shall comply with all zoning code requirements. Tree requirements and the cost of providing them (or mitigating for them) is a Zoning Code requirement and incidental and unrelated to the terms of the Lease Agreement.
2. The retention area has been included in the site and landscape calculations as a basic requirement of the development. The proposed site plan was not designed in a way that includes onsite drainage and therefore requires the “off-site” drainage area in order to develop the proposed buildings. This is a major component in the success of this development and is subject to the requirements of the code.
3. The applicant’s narrative suggests that the FAA prohibits trees within airports. There has been no documentation provided that states the FAA specifically prohibits landscaping; rather, it provides guidance and sets recommendations for airports in proximity to wildlife.
4. The applicant’s narrative assigns blame to Zoning & Landscape staff when in actuality staff offered Tree Canopy Fund buy-out option as a courtesy.
5. There is nothing unique about the property, and the extent of the Variance is not the minimum necessary to allow a reasonable use of the land or structure. There are several types of tree species that could be used to discourage bird nesting.
6. The applicant contends they cannot comply with landscaping requirements because the site will be almost completely impervious. That is a self-imposed hardship and the site can be resigned to comply with code.
7. The existing developments at the airport were developed with trees and landscaping as part of their design, as seen from the aerials of the property below. Additionally, there are existing clusters of trees in various areas of the Airpark that are to remain, and one in particular is located directly northwest of the Parcel Y lease area. Similarly, the Pompano Beach Municipal Golf Course, located just outside of the Airpark, contains a plethora of trees.
*Existing tree clusters, trees within developments, and the existing golf course trees in relation to the subject project.
LAND USE PATTERNS
Subject property (Zoning | Existing Use):
• T | Pompano Beach Airpark
Surrounding Properties (Zoning District | Existing Use):
• North: PR | Pompano Beach Municipal Golf Course
• South: CF | Youth Sports Complex (under construction)
• East: PR | Pompano Beach Municipal Golf Course
• West: T | Sand & Spurs Equestrian Park, FEC railway
VARIANCE REVIEW STANDARDS
A Variance application shall be approved only on a finding that there is competent substantial evidence in the record that all of the following standards are met:
a) There are extraordinary and exceptional conditions (such as topographic conditions, narrowness, shallowness, or the shape of the parcel of land) pertaining to the particular land or structure for which the Variance is sought, that do not generally apply to other lands or structures in the vicinity;
b) The extraordinary and exceptional conditions referred to in paragraph a., above, are not the result of the actions of the landowner;
c) Because of the extraordinary and exceptional conditions referred to in paragraph a., above, the application of this Code to the land or structure for which the Variance is sought would effectively prohibit or unreasonably restrict the utilization of the land or structure and result in unnecessary and undue hardship;
d) The Variance would not confer any special privilege on the landowner that is denied to other lands or structures that are similarly situated.
e) The extent of the Variance is the minimum necessary to allow a reasonable use of the land or structure;
f) The Variance is in harmony with the general purpose and intent of this Code and preserves its spirit;
g) The Variance would not adversely affect the health or safety of persons residing or working in the neighborhood, be injurious to property or improvements in the neighborhood, or otherwise be detrimental to the public welfare; and
h) The Variance is consistent with the comprehensive plan.
The following factors do not constitute sufficient grounds for approval of a Variance:
a) A request for a particular use that is expressly, or by inference, prohibited in the zoning district;
b) Hardships resulting from factors other than application of requirements of this Code;
c) The fact that land or a structure may be utilized more profitably or be more marketable with a Variance; or
d) The citing of other nonconforming or conforming uses of land or structures in the same or other zoning districts.
Staff Recommendation and Conditions:
Staff objects to the proposed variance application. There is nothing extraordinary or exceptional about the subject property. The provisions of the Zoning Code apply to development of all land within the corporate limits of the City of Pompano Beach, including development by the city or its agencies and departments, or on land owned or otherwise controlled by the city. The property can be developed without the need for relief.
Should the Board determine that the applicant has provided competent substantial evidence to satisfy the eight Variance review standards, staff recommends the Board include the following conditions as a part of the Order:
1. Obtain all necessary governmental permits and approvals including building and zoning compliance permits.
2. Substantial conformance to the site plan submitted with Major Site Plan (P&Z: 22-12000020).
3. The total value of the required trees and shrubs not provided on site shall be deposited into the City’s Tree Canopy Trust Fund (TCTF), per the condition of approval for the Site Plan at the November 16, 2022 Planning and Zoning Board Meeting.
4. The applicant shall install the proposed number of site shrubs as shown on the approved landscape plan at the November 16, 2022 Planning and Zoning Board Meeting.