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Zoning Board of Appeals
Meeting Date: February 16, 2023
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MAJOR TEMPORARY USE - GOLD COAST PLAT PROPERTY OWNERS ASSOCIATION
projectinfo
Request: Major Temporary Use
P&Z# 23-15000001
Owner: Gold Coast Plat Property Owners Association
Project Location: NW 15 Avenue (Vacant)
Folio Number: 484227000350
Land Use Designation: I- Industrial
Zoning District: Office Industrial Park (O-IP)
Agent: Malcom Butters
Project Planner: Scott Reale
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Summary:
The Applicant Landowner is requesting a MAJOR TEMPORARY USE PERMIT from the provisions of Chapter 155: Article 4 [Use Standards] and Article 5 [Development Standards] of the City of Pompano Beach Zoning Code for the remediation/restoration of an 8-acre storage lake without complying with the applicable use and development standards as required by Code.
The subject property is located west of NW 15th Avenue, between NW 15th Street and NW 18th Street.
PROPERTY INFORMATION
1. The subject property contains a man-made drainage lake for area industrial properties and has had a history of code violations (refer to attached Code Case #18020124), primarily involving unpermitted fill operations and failing to maintain the surface water management system as required by a recorded Storm Water Storage Drainage Easement and Surface Water Management License.
2. The applicant seeks to remediate and restore the lake, pursuant to a settlement agreement. The previous owner filled more of the lake than was permitted under the Broward County licenses and the current property owner is required to excavate and remove the excess fill from the property and restore the lake to its intended use.
3. There have been several Major Temporary Use Permits granted by the Board regarding the subject property. The most recent was PZ #19-15000002, issued on 3/27/2019. However, the permit was revoked by the Director of Development Services on 9/17/2019 (Zoning Letter #19-02000112) for failing to satisfy the conditions of approval in the Order.
LAND USE PATTERNS
Subject property (Zoning District | Existing Use):
• O-IP | lake
Surrounding Properties (Zoning District | Existing Use):
• North: OIP/PCD | industrial warehouse/distribution
• South: RM-12 | canal (Water Control District 3)
• East: O-IP | vacant/undeveloped land
• West: RS-2 | industrial warehouse/distribution
TEMPORARY USE PERMIT REVIEW STANDARDS
A Temporary Use Permit shall be approved only on a finding that the temporary use as proposed:
1. Is on its face temporary in nature;
2. Is in harmony with the spirit and intent of this Code;
3. Is not detrimental to property or improvements in the surrounding area, or to the public health, safety, or general welfare;
4. Does not have substantial adverse effects or noise impacts on any adjoining permanent uses or nearby residential neighborhoods;
5. Is compatible with any principal uses on the site;
6. Is located on a site containing sufficient land area to allow the temporary use and associated structures, and accommodate any associated parking and traffic movement, without disturbing environmentally sensitive lands; and
7. Complies with all applicable use-specific standards in Section 155.4403.
Staff Conditions:
Should the Board determine the applicant has provided competent substantial evidence sufficient to satisfy the seven Major Temporary Use Permit review standards, staff requests the Board include the following conditions as part of the Order:
1. Obtain all necessary governmental permits and approvals, including scheduling regular inspections to ensure compliance with approved plans.
2. All site work must be performed in accordance with the Broward County Surface Management License and Borrow Pit Reclamation License.
3. The Property Owner shall be responsible to (1) repair and maintain the six-foot temporary construction fence on the Property in accordance with City requirements until the Work is completed; (ii) maintain the gate installed on the fence at a minimum of 15’ wide to allow the City’s firetrucks access to the Property; (iii) establish and follow protocols to ensure the gate on the construction fence is kept closed, secured and locked except when actively exporting fill; and (iv) remove the overgrowth and accumulation of discarded items a debris on the Property and thereafter keep the Property properly maintained in accordance with City requirements.
4. Fill piles on the Property shall not exceed 25’ in height and not longer than reasonably necessary, and shall initially be located on the northwest corner of the Property away from the residential community to the south. As the dredging progresses and the available area to stockpile fill is reduced, all Work shall be conducted in accordance with best management practices that address erosion migration; noise; ingress and egress and other nuisance issues.
5. No new fill material may be brought on the Property without the prior written consent of properly authorized City and County staff.
6. Water Truck. At all times during performance of the Work, there shall be an on-site water truck kept full of water on the Property with a 2” pump for the purpose of wetting down materials in order to mitigate dust.
7. The Property shall be maintained in compliance with the approved Landscaping Plan and other zoning code requirements, including but not limited to tree protection, tree removal and mitigation and tree relocation.