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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A TERMINATION AND RELEASE OF SPECIAL EXCEPTION AGREEMENT BETWEEN THE CITY OF POMPANO BEACH AND 3400 ATLANTIC, LLC IN LIGHT OF DEVELOPMENT STANDARDS IN THE ATLANTIC BOULEVARD OVERLAY DISTRICT; 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:
The Agent, Matthew Scott, represents 3400 Atlantic LLC (Owner) of the property located at 3400 East Atlantic Blvd and 3428 East Atlantic Blvd. The property currently has a two-story commercial structure and associated parking. When the property was originally developed in the 1980s, the City’s Code of Ordinances included a provision entitled “Special Exception Agreement.” The agreement was intended to provide for the joint use of parking facilities and included provisions restricting the percentage of parking spaces to be occupied by certain uses based on the time of the day. The matter was heard by the Zoning Board of Appeals, which recommended approval to the City Commission to execute an agreement with the City (Resolution 1981-180). Since then, our codes have been amended and this would currently be considered a “Shared Parking Agreement.” Our procedure for adopting or amending these shared parking agreements have gone before the City Commission for approval. The owner has requested the City release them from the agreement in order to allow the owner to use the property in accordance with the permitted uses within the AOD. We have researched the existing uses and evaluated the number of required parking for these uses. The parking evaluation has been included in the back-up for your information. It appears as though by today’s code requirements (based on the modified parking standards in the AOD), if the building was proposed as new construction the minimum parking requirement would be deficient; however, since the applicant is not proposing any addition to the building, merely “changing the use” of tenant spaces (in most cases) would not require the property owner to comply with the parking requirements of today’s code. Staff has no opposition to releasing this agreement.
Origin of request for this action: Matthew H. Scott, Esq.
Fiscal impact and source of funding: N/A
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